City Council Meeting Minutes

MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER,
MONDAY, NOVEMBER 5, 2007

CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, November 5, 2007.

ROLL CALL: Roll call indicated the following aldermen present: Moylan, Murphy, Higgason, Walsten, Smith and Argus. Aldermen Beauvais and Brookman were absent.

Also present were: Acting City Manager Bajor, Acting Director of Finance Simpson, Assistant to the Acting Director of Finance Wisniewski, Assistant to the Acting Director of Finance Raymond, Police Chief Prandini, Acting Fire Chief Zern, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Conlan, Assistant City Attorney Bartel and City Attorney Wiltse.

PRAYER:

The opening prayer was given by Dr. Hillary Morris, Baha= i Community, followed by the Pledge of Allegiance to the Flag.

PROCLAMATION:

Mayor Arredia read a proclamation declaring the week of November 4 - 10, 2007 as Marine Week honoring the U.S. Marine Corps who have been protecting citizens and guarding their freedom for the past 232 years. Mayor Arredia introduced Marine Corps representatives Vince Powers and Dick Ahlman, who presented Mayor Arreida with a plaque of appreciation for his strong support of the U.S. Marine Corp.

CITIZEN PARTICIPA.:

Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that the CTA budget has to be settled; if not, there will be a meltdown of our transportation in the Chicago area; we have a good transportation system compared to other parts of the country; you must pressure the Governor to find a lasting solution to this mess; they are playing games with people= s lives.

Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the City Council thanking Aldermen Beauvais and Murphy for their persistence in clarifying the parking spaces for the new development on Laurel Avenue; the actual spaces are not what the developer and Staff said they were; also, she did an FOI for all supporting documents and justification for the $8 million for land acquisition for TIF #4; she didn= t get what she asked for so she did another one which is more in-depth; she would hope that the aldermen would know how this money is justified.

Phil, who lives at 446 W. Touhy Avenue, Lot #393, addressed the City Council stating that some people find fault with his coming here and talking because he lives in the unincorporated area of Des Plaines; someone wrote an anonymous letter in the newspaper about this; he talks about things when they go wrong and when they go right.

Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and read a statement (in City Council folder) that the City Council is considering setting aside $8 million in the 2008 Budget for land acquisition and buildings in TIF #4 area in order to A jump start@ this proposed project; there is no good reason to spend this money and every good reason not to do so.

Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that there are at least two (2) or three (3) aldermen who promised that no tax dollars would be used for TIF #4; he will review the tapes to see who these aldermen were.

CONSENT AGENDA:

Alderman Murphy requested that Items 2 and 2a be removed from the Consent Agenda; Alderman Walsten requested that Items 8, 8a, 10, and 10a be removed; Alderman Moylan requested that Items 15 and 16 be removed; and a resident requested that Items 3, 3a, 7 and 7a be removed.

Moved by Higgason, seconded by Argus, to establish a Consent Agenda except for Items 2, 2a, 3, 3a, 7, 7a, 8, 8a, 10, 10a, 15 and 16. Motion declared carried.

Moved by Higgason, seconded by Murphy, to approve the Consent Agenda. Upon roll call, the vote was:

AYES: 6-Moylan, Murphy, Higgason,

Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 2-Beauvais, Brookman

Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinance Z-26-07 was adopted; Ordinances MC 68-07 and Z-27-07 were placed on First Reading; and Resolution R-146-07 was adopted.

MINUTES:

Consent Agenda

Moved by Higgason, seconded by Murphy, to approve minutes of the regular meeting of the City Council held October 15, 2007, as published. Motion declared carried as approved unanimously under Consent Agenda.

POSITION RECLASSIFIC./PUBLIC WORKS DEPARTMENT:

Ordinance M-66-07

Moved by Murphy, seconded by Argus, to postpone until November 19, 2007, discussion on amending the City Code to reclassify the Environmental Services Coordinator to the Assistant to the Director of Public Works, and Ordinance MC 66-07. Motion declared carried.

SIDEWALK SNOW AND ICE REMOVAL:

Ordinance M-67-07

Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council asking just how this ordinance is being amended; would there be fines if the snow is not removed; how would the ordinance be enforced?; would consideration be given to the elderly/handicapped? City Attorney Wiltse explained the changes in the ordinance and the fine structure. Mayor Arredia stated consideration would be given under certain circumstances.

Alderman Murphy stated that she is concerned about commercial businesses pushing their snow onto the sidewalks; Director of Public Works Dusckett said that there is a separate ordinance in the City Code that prohibits this.

Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that the fine should be gradual and go up after each offense; how will they inform the residents of this ordinance? Acting City Manager Bajor said it will be put on Channel #17 and in the Curbside Calendar. Mr. Burkross stated that maybe a Web Site could be created for just resident news like this.

Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the City Council stating that it was her understanding that if someone shovels their snow and someone falls, the homeowner could get sued; if they don= t shovel, they can= t get sued. City Attorney Wiltse said that used to be the state of the law about 10 to 15 years ago, but that has been changed; it is no longer the state of the law.

Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that because businesses don= t shovel their sidewalks, people can= t walk down Lee Street to go shopping; this ordinance has to be enforced.

Mr. Mike Van Slambrouck, 286 Stratford Road, addressed the City Council asking what happens when the snow is pushed onto the sidewalks. Director of Public Works Dusckett said they can= t do that, they have to make room for it on their own property.

Moved by Higgason, seconded by Walsten, to concur with Staff recommendation to amend Title 8, Chapter 1 - A Streets and Sidewalks,@ Section 8-1-2:A of the City Code to require that landowners shall be responsible for clearing of snow and ice from public sidewalks abutting their property within twenty-four hours after a snow fall or freezing precipitation; and further recommend to place on First Reading Ordinance MC 67-07, AN ORDINANCE AMENDING TITLE 8, A PUBLIC WAYS AND PROPERTY,@ CHAPTER 1, A STREETS AND SIDEWALKS,@ SECTION 2, A REPAIR OF SIDEWALKS,@ OF THE DES PLAINES CITY CODE. Motion declared carried.

LIQ. LIC./1470 E. TOUHY AVE.:

Consent Agenda

Ordinance M-68-07

Moved by Higgason, seconded by Murphy, to concur with Staff recommendation to amend Title 4, Chapter 4 - A Intoxicating Liquors,@ Section 4-4-5 of the City Code to add a new Class A Tavern Liquors Dealers License for property located at 1470 E. Touhy Avenue, d/b/a Longhorn Steakhouse; contingent upon verification of fingerprints; and further recommend to place on First Reading Ordinance MC 68-07, AN ORDINANCE AMENDING TITLE 4, A BUSINESS REGULATIONS,@ CHAPTER 4, A INTOXICATING LIQUORS,@ SECTION 5, A LICENSE FEES AND NUMBER,@ OF THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR RARE HOSPITALITY MANAGEMENT, D/B/A LONGHORN STEAKHOUSE LOCATED AT 1470 EAST TOUHY AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

PROHIBIT POTABLE GROUNDWATER/1605 RIVER:

Consent Agenda

Ordinance M-69-07

Moved by Higgason, seconded by Murphy, to concur with Staff recommendation to prohibit the use of groundwater (well water) as a potable water supply by installation of or use of potable water supply wells or by any other method within 250' of property located at 1605 S. Des Plaines River Road; and further recommend to place on First Reading Ordinance MC 69-07, AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD AT 1605 RIVER ROAD IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda.

ZONING CASE 03-3-PUD-A FINAL PUD/755 SEEGERS:

Consent Agenda

Ordinance Z-27-07

Moved by Higgason, seconded by Murphy, to concur with recommendation of Des Plaines Plan Commission, re Zoning Case 03-3-PUD-A, to grant request for approval, with conditions, of Final Planned Unit Development (PUD), Concord Commons II, to construct thirty-four (34) townhome units (adjacent to Concord Commons I) in R-3 Townhouse Residential District on property located at 755 Seegers Road; and further recommend to place on First Reading Ordinance Z-27-07, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR CONCORD COMMONS II FINAL PLANNED UNIT DEVELOPMENT (PUD) FOR 755 SEEGERS ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

AGREEMENT/SOUTHWEST INDUS. AREA ANALYSIS:

Resolution R-144-07

Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council asking what is the exact location of this area. Director of Community & Economic Development Conlan said Algonquin Road on the north, Elmhurst Road on the west, Wolf Road on the east and Higgins Road on the south; it is zoned MC 1 and MC 2 Manufacturing; the analysis would focus on the sites that would be prime for redevelopment.

Moved by Murphy, seconded by Moylan, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute A Consulting Services Agreement@ with Kane, McKenna and Associates, Inc., 150 N. Wacker Drive, Suite 1600, Chicago, IL 60606 (sole source) to conduct an analysis of the southwest industrial area of the City at a cost not-to-exceed $20,000 with 80% being reimbursed through the FAA Vision-100 Planning Grant; City= s cost would be approximately $4,000/General Fund; and further recommend to adopt Resolution R-144-07, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONSULTING SERVICES AGREEMENT BETWEEN KANE, MCKENNA AND ASSOCIATES, INC. AND THE CITY OF DES PLAINES TO CONDUCT AN ANALYSIS OF THE SOUTHWEST INDUSTRIAL AREA OF THE CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote was:

AYES: 6-Moylan, Murphy, Higgason,

Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 2-Beauvais

Motion declared carried.

GREENEST REGION COMPACT/METROPOLITAN MAYORS CAUCUS:

Resolution R-145-07

Moved by Higgason, seconded by Walsten, to concur with Staff recommendation that City be authorized to endorse the Greenest Region Compact proposed by the Metropolitan Mayors Caucus and agree to join this effort to support the green growth initiative within the City such as green space preservation and air quality improvements; and further recommend to adopt Resolution R-145-07, A RESOLUTION ENDORSING THE METROPOLITAN MAYORS CAUCUS= GREENEST REGION COMPACT. Upon roll call, the vote was:

AYES: 6-Moylan, Murphy, Higgason,

Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 2-Beauvais, Brookman

Motion declared carried.

FINAL PLAT/154 OAKWOOD:

Consent Agenda

Resolution R-146-07

Moved by Higgason, seconded by Murphy, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Agnes= Subdivison, 154 Oakwood Avenue; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-146-07, A RESOLUTION APPROVING THE FINAL PLAT FOR AGNES= SUBDIVISION LOCATED AT 154 OAKWOOD AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

AGREEMENT/SOUND WALL DESIGN, PLAN PREP. & NOISE ANALYSIS:

Resolution R-148-07

Moved by Walsten, seconded by Murphy, to concur with Staff recommendation to accept proposal from Transystems Corporation, 1051 Perimeter Drive, Schaumburg, IL 60173, to provide design, plan preparation and noise analysis for construction of a sound wall along the east side of the Canadian National Railroad/Metra North Central Service Line between Oakton Street and Howard Avenue, in the amount of $58,600/Capital Projects Fund which will be reimbursed by the Department of Commerce and Economic Opportunity (DCEO) Grant #06-206005; Mayor and City Clerk be authorized to execute necessary documents; and further recommend to adopt Resolution R-148-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF DES PLAINES AND TRANSYSTEMS CORPORATION FOR THE DESIGN OF A SOUND WALL ALONG MANNHEIM ROAD. Upon roll call, the vote was:

AYES: 6-Moylan, Murphy, Higgason,

Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 2-Beauvais, Brookman

Motion declared carried.

PURCHASE/CHASSIS AND TRUCK BODY -POLICE DEPT.:

Consent Agenda

Moved by Higgason, seconded by Murphy, to concur with Staff recommendation to authorize purchase through the Northwest Municipal Conference Government Purchasing Program of one (1) 2008 Ford F450 Chassis and Regional Truck Service Body from Currie Motors, 9423 W. Lincoln Highway, Frankfort, IL 60423, in the amount of $41,766/Asset Forfeiture Funds - no cost to the City. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE/BENCHES AND LITTER RECEP.  FOR DOWNTOWN:

Consent Agenda

Moved by Higgason, seconded by Murphy, to concur with Staff recommendation to accept proposal from Lighting Solutions of Illinois, Inc., 703 Childs Street, Wheaton, IL 60187 (sole source supplier for Beacon Products) for purchase of ten (10) Benches and seventeen (17) Litter Receptacles for the downtown area in the total amount of $34,499/TIF District #1 Funds. Motion declared carried as approved unanimously under Consent Agenda.

BID AWARD/OAKTON STREET STORM WATER PUMPING STA. REHABILITA.:

Consent Agenda

Moved by Higgason, seconded by Murphy, to concur with Staff recommendation to award bid for Storm Water Pumping Station Rehabilitation, 195 W. Oakton Street, to the lowest responsible bidder to meet specifications, R & W Clark, 19418 S. 97th Avenue, Mokena, IL 60448, in the total bid amount of $485,215/Capitol Improvements Funds. Motion declared carried as approved unanimously under Consent Agenda.

ADVERTISING FOR BIDS:

Consent Agenda

Moved by Higgason, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for printing of 2008 Curbside Calendar, returnable by 3:00 p.m., Tuesday, November 20, 2007. Motion declared carried as approved unanimously under Consent Agenda.

ADVERTISING FOR BIDS/HVAC MAINT. SVS.:

Moved by Moylan, seconded by Walsten, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for HVAC Maintenance Services, returnable by 3:00 p.m., Tuesday, November 20, 2007. Motion declared carried.

ADVERTISING FOR BIDS/JANITORIAL SERVICES:

Moved by Moylan, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Parking Garages and Train Station Janitorial Services, returnable by 3:00 p.m., Tuesday, November 20, 2007. Motion declared carried.

ADVERTISING FOR BIDS:

Consent Agenda

Moved by Higgason, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Downtown Snow and Ice Control Services, returnable by 3:00 pm., Tuesday, November 20, 2007. Motion declared carried as approved unanimously under Consent Agenda.

APPOINTMENTS:

Consent Agenda

Moved by Higgason, seconded by Murphy, to approve Mayoral appointments as follows:

YOUTH COMMISSION

Lisa C. Pigat, term to expire December 1, 2010

ARCHITECTURAL COMMISSION

James Gould, term to expire August 31, 2011

Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE Z-26-07 CONDIT. USE/1651 ELK BOULEVARD:

Consent Agenda

Moved by Higgason, seconded by Murphy, to adopt Ordinance Z-26-07, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-6C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW A COMMERCIAL SCHOOL FOR ESTHETICS INSTRUCTION TO OPERATE AT 1651 ELK BOULEVARD, DES PLAINES, ILLINOIS (Case 07-51-CU). Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE Z-27-07 FINAL PUD/755 SEEGERS (CONCORD COMMONS II)

Moved by Murphy, seconded by Argus, to advance to Second Reading and adopt Ordinance Z-27-07, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR CONCORD COMMONS II FINAL PLANNED UNIT DEVELOPMENT (PUD) FOR 755 SEEGERS ROAD, DES PLAINES, ILLINOIS. Upon roll call, the vote was

AYES: 6-Moylan, Murphy, Higgason,

Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 2-Beauvais, Brookman

Motion declared carried.

ORDINANCE MC 68-07 LIQ. LIC./1470 E. TOUHY AVE.:

Moved by Smith, seconded by Walsten, to advance to Second Reading and adopt Ordinance MC 68-07, AN ORDINANCE AMENDING TITLE 4, A BUSINESS LIQUORS,@ SECTION 5, A LICENSE FEES AND NUMBER,@ OF THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR RARE HOSPITALITY MANAGEMENT, D/B/A LONGHORN STEAKHOUSE LOCATED AT 1470 EAST TOUHY AVENUE, DES PLAINES, ILLINOIS. Upon roll call, the vote was

AYES: 6-Moylan, Murphy, Higgason,

Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 2-Beauvais, Brookman

Motion declared carried.

MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE

FINANCE & ADMINISTRATION - Alderman Smith, Chair

WARRANT REGISTER:

Moved by Walsten, seconded by Murphy, to recommend to the City Council approval of the November 5, 2007 - Warrant Register, in the total amount of $3,360,791.03, and further recommend that Resolution R-147-07 be adopted at appropriate time this evening. Motion declared carried.

PRESENTATION/2008 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)

Acting Director of Finance Simpson stated that the information being presented this evening is for information purposes only and does not require formal City Council action.

Acting Director of Finance Simpson stated that the City= s Comprehensive Annual Financial Report (CAFR) for the fiscal year ended December 31, 2006 has been audited by the accounting firm of Virchow, Krause & Company; the CAFR is presented in three (3) sections: introductory, financial and statistical and includes all disclosures necessary to understand the City= s financial activities.

Acting Director of Finance Simpson stated that the City, as it has for the past 26 consecutive years, received the Government Finance Officers Association of the United States and Canada (GFOA)= s Certificate of Achievement for Excellence in Financial Reporting for its comprehensive annual financial report for the fiscal year ended December 31, 2005.

Mr. Tim Cole, Virchow, Krause & Company, 1301 W. 22nd Street, Suite 400, Oak Brook, IL 60523, addressed the Committee of the Whole stating that the City should be commended for doing this report every year; the City is doing a good job; you are managing your finances very well.

Mr. Cole presented an overview of the CAFR and discussed current auditing standards and compliance requirements the City is obligated to follow; a fund balance of 25% to 50% would be hard to achieve; they would be happy to see the City at 20% to 25%, which would take a few years to achieve; overall, the City= s finances look very good.

Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole and asked if this information will be available to residents. Acting City Manager Bajor said yes, it will be on-line as soon as possible, also at the Library and in the City Clerk= s Office.

PRESENTATION/REVISED PERSONNEL POLICY MANUAL:

Acting City Manager Bajor stated that the information being presented this evening is for information purposes only and does not require formal City Council action.

Acting City Manager Bajor stated that the City= s current Personnel Policy Manual has not been updated since the mid-1980s; many aspects of the Manual are either out-dated in terms of current practice and/or law, or simply not addressed; as a consolidated reference guide, the Manual assists the supervisor in standardizing the application of the City= s personnel program and serves to protect and clarify the rights and responsibilities of employees.

Acting City Manager Bajor stated that once adopted, the Manual is not a static document and updates are essential to keep it current and meaningful; changes in technology, new Federal, State and local laws, court rulings, local policies and demands upon City services create a constant need to update and continually modify the intent and applicability of the Manual.

Acting City Manager Bajor asked that the aldermen review this document and provide any comments to Staff; once that process has been satisfactorily completed, the next step would be formal adoption of the Manual; Staff is recommending that the Manual be adopted and effective by January 1, 2008.

MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION

MINUTES/10/1/07:

Moved by Argus, seconded by Higgason, to amend minutes of the regular meeting of the City Council held October 1, 2007, as follows: Page One, A Collective Bargaining/IAFF #4211,@ after first paragraph add, A Alderman Argus stated she would be voting > no= on the fireman= s contract because she objected to the special bonus that would be paid to firemen who would give notice of their retirement date.@ Motion declared carried.

Moved by Argus, seconded by Higgason, to approve minutes of the regular meeting of the City Council held October 1, 2007, as amended. Motion declared carried.

BID AWARD/ROOF REPLACEMENT POLICE STATION:

Moved by Murphy, seconded by Walsten, to concur with Staff recommendation to award bid for Roof Replacement at Des Plaines Police Station to the lowest bidder, Singles Roofing Company, Inc., 345 S. Willard Avenue, Elgin, IL 60121, in the total bid amount of $37,515/Budgeted Funds. Upon roll call, the vote was:

AYES: 5-Murphy, Higgason, Walsten, Smith, Argus

NAYS: 1-Moylan

ABSENT: 2-Beauvais, Brookman

Motion declared carried.

WARRANT REGISTER:

Resolution R-147-07

Moved by Smith, seconded by Higgason, to concur with recommendation of Committee of the Whole to adopt Resolution R-147-07, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,360,791.03. Upon roll call, the vote was:

AYES: 6-Moylan, Murphy, Higgason,

Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 2-Beauvais, Brookman

Motion declared carried.

ADJOURNMENT:

Moved by Murphy, seconded by Higgason, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:40 p.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2007

Anthony W. Arredia, MAYOR

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