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, SEPTEMBER 17, 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 6:03 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, September 3, 2007.

ROLL CALL: Roll call indicated the following aldermen present: Moylan, Murphy, Smith, Argus. Aldermen Beauvais, Higgason, Brookman and Walsten were absent. Alderman Higgason arrived in Executive Session at 6:15 p.m. Alderman Brookman arrived in Executive Session at 6:39 p.m.

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

EXECUTIVE SESSION:

Moved by Moylan, seconded by Murphy, to go into Executive Session to discuss acquisition of real property and collective bargaining. Upon roll call, the vote was:

AYES: 5-Moylan, Murphy, Smith, Argus, Arredia

NAYS: 0-None

ABSENT: 4-Beauvais, Higgason, Brookman, Walsten

Motion declared carried.

The City Council recessed at 6:04 p.m.

The City Council reconvened at 7:00 p.m.

Roll call indicated the following aldermen present: Moylan, Murphy, Higgason, Brookman, Smith, Argus.

PRAYER:

The opening prayer was given by Reverend Gary Houdek, Golf Road Baptist Church, followed by the Pledge of Allegiance to the Flag.

INTRODUCTION:

Deputy Fire Chief Zern introduced to the City Council the new Deputy Fire Chief, Ron Eilken, following the retirement of Fire Chief Heavey and the appointment of Deputy Fire Chief Jaeger as the new Fire Chief.

PRESENTATION:

Police Chief Prandini presented members of the Des Plaines Police Explorer Post who were one of 64 teams who recently participated in the Illinois State Explorer Conference: Greg Parkhill, Michael Migut, Juana Rodriguez and Jennifer Stutler; the team received the 4th Place Award for Bomb Threat, 4th Place Award for Traffic Stops, 2nd Place Award for Crime Prevention and 1st Place Award for Felony Suspect Arrest; Police Officers Michael Heidkamp and Alyce Anderson helped train the Explorers throughout the year and accompanied them to Springfield, Illinois.

Alderman Moylan, President of the Des Plaines Historical Society John Burke and Des Plaines Historical Society Executive Director Joy Matthiessen presented a PowerPoint presentation of the proposed Riverwalk-Historical Campus and the space needs of the Des Plaines Historical Society.

CITIZEN PARTICIPA.:

Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council congratulating the Staff for putting the agenda and more information on a PDF file on the Web site; also he asked where the proposed Historical Campus will be located. Alderman Moylan stated that it is being proposed in the area where the McDonald= s Museum is on Lee Street.

COLLECTIVE BARGAINING/IAFF #4211:

Resolution R-131-07

Ordinance M-59-07

Moved by Higgason, seconded by Murphy, to concur with consensus in Executive Session that further discussion on the tentative agreement with the Des Plaines Professional Firefighters Union - IAFF Local #4211, Resolution R-131-07 and Ordinance MC 59-07, be POSTPONED until October 1, 2007 in Executive Session. Motion declared carried. Alderman Brookman abstained (conflict of interest - her husband is a retired member of the Fire Department).

ACQUIS. OF PROPERTY/2985 MANNHEIM -TIF #6 ACE RENT-A-CAR:

Moved by Murphy, seconded by Argus, to concur with consensus in Executive Session that Staff be authorized to proceed with the purchase of the Ace Rent-A-Car property located at 2985 Mannheim Road - TIF District #6, for the sum of $2,750,000; that Ace Rent-A-Car be permitted to occupy the site rent free until March 31, 2008, or until grading and foundation permits are issued, whichever last occurs; and Staff be authorized to enter the appropriate judgment order, including the above terms in the pending condemnation case. Upon roll call, the vote was:

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

NAYS: 1-Brookman

ABSENT: 2-Beauvais, Walsten

Motion declared carried.

CONSENT AGENDA:

City Clerk McAllister requested that Item 1 be removed from the Consent Agenda.

Moved by Murphy, seconded by Higgason, to establish a Consent Agenda except for Item 1. Motion declared carried.

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

AYES: 6-Moylan, Murphy, Higgason,

Brookman, Smith, Argus

NAYS: 0-None

ABSENT: 2-Beauvais, Walsten

Motion declared carried. Staff recommendations and requests were approved; Ordinances Z-15-06 and Z-16-06 were adopted; and Resolutions R-127-07, R-128-07, R-129-07 and R-130-07 were adopted.

MINUTES/9/4/07:

Mr. Brian Burkross, 2133 Webster Lane addressed the City Council stating that the minutes of September 4, 2007 were not correct regarding the comments he made under Citizen Participation on Page One of the minutes; he had several small changes to be made, which he read; he would like the minutes amended.

Both Aldermen Smith and Murphy questioned these changes.

Moved by Brookman, seconded by Murphy, to postpone until October 1, 2007, approval of the minutes of the regular meeting of the City Council held September 4, 2007. MOTION DECLARED FAILED (Alderman Brookman voted yes; Aldermen Moylan, Murphy, Higgason, Smith and Argus voted no).

Moved by Murphy, seconded by Argus, to approve minutes of the regular meeting of the City Council held September 4, 2007, as published. Motion declared carried. Alderman Brookman voted no.

INTERGOVERN.AGREEMENT/TOLLWAY & IDNR, LEVEE 50 SLUICE GATE:

Consent Agenda

Resolution R-127-07

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute A Intergovernmental Agreement@ with Illinois State Toll Highway Authority and the Illinois Department of Natural Resources for the design, construction, operation and maintenance of a sluice gate and manhole structure to allow for the closure of a 36" diameter reinforced concrete culvert pipe underneath the Illinois Tollway between Ballard Road and Rand Road during flood events as part of the Levee 50 Flood Control Project and work to be performed by the Illinois Tollway; initial estimated cost to the City will be $66,000/Capital Projects Funds, which will be reimbursed by the IDNR; and further recommend to adopt Resolution R-127-07, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF DES PLAINES FOR THE CONSTRUCTION OF A SLUICE GATE IN THE TOLLWAY EMBANKMENT. Motion declared carried as approved unanimously under Consent Agenda.

VEH. ENFORCE. AGREEMENT/1375 BROWN:

Consent Agenda

Resolution R-128-07

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute A Agreement for Enforcement of Municipal Ordinances on Private Property@ for police, traffic and parking enforcement for property located at 1375 Brown Street (Viking Apartments); and further recommend to adopt Resolution R-128-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER TITLES 5 A PUBLIC HEALTH AND SAFETY,@ 6 A POLICE REGULATIONS@ AND 7 A MOTOR VEHICLES AND TRAFFIC@ OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND VIKING APARTMENTS FOR PROPERTY LOCATED AT 1375 BROWN STREET, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda.

VEH. ENFORCE. AGREEMENT/900 S. LEE:

Consent Agenda

Resolution R-129-07

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute A Agreement for Enforcement of Municipal Ordinances on Private Property@ for police, traffic and parking enforcement for property located at 900 S. Lee Street (Sienna Condos); and further recommend to adopt Resolution R-129-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER TITLES 5 A PUBLIC HEALTH AND SAFETY,@ 6 A POLICE REGULATIONS@ AND 7 A MOTOR VEHICLES AND TRAFFIC@ OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND SIENNA CONDOS FOR PROPERTY LOCATED AT 900 SOUTH LEE STREET, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda.

REDUCTION OF SURETY/2343 & 2347 BIRCH ST:

Consent Agenda

Resolution R-130-07

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to grant request for Reduction of Public Improvement Surety for Harrington Subdivision, 2343 and 2347 Birch Street, from $20,896 to $1,896; and further recommend to adopt Resolution R-130-07, A RESOLUTION APPROVING REDUCTION OF PUBLIC IMPROVEMENT SURETY FOR HARRINGTON= S SUBDIVISION LOCATED AT 2343 AND 2347 BIRCH STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

C.O. #1/UNDERGROUND FUEL TANK PUB. WORKS FACILITY:

Consent Agenda

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to approve Change Order #1 to contract with Petroleum Technologies Equipment, 8447 W. 44th Place, Lyons, IL 60534, for Underground Fuel Storage Tank and Dispenser Replacement at the Public Works Facility, 1111 Joseph Schwab Road (approved by the City Council on May 21, 2007 in the amount of $152,765), for additional remediation work to haul and dispose of contaminated soil and water at a cost of $99,896.50/Building Replacement Funds; for a new total contract amount of $252,661.50. Motion declared carried as approved unanimously under Consent Agenda.

BID AWARD/PRINTING OF DES PLAINES DIGEST:

Consent Agenda

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to award bid for the quarterly printing of the Des Plaines Digest to the lowest bidder, Creekside Printing, 1175 David Road, Elgin, IL 60123, for a three (3)-year period at a base cost of $2,416 - 2008; $2,488 - 2009; and $2,563 - 2010/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda.

BID AWARD/WOLF-CENTRAL PEDESTRIAN SIGNAL IMPROVEMENTS:

Consent Agenda

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to award bid for Wolf-Central Roads Pedestrian Signal Improvements to the lowest bidder, Home Towne Electric, 35220 Rt. 83, Lake Villa, IL 60046, in the total bid amount of $35,714.60; cost to be shared by the Village of Mt. Prospect in the amount of $7,719.50, and City= s share to be $27,995.10/Capital Projects Funds. Motion declared carried as approved unanimously under Consent Agenda.

ADVERTISING FOR BIDS:

Consent Agenda

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to re-advertise for bids for Police Station Roof Replacement (no bids were received on September 5, 2007), returnable by 3:00 p.m., Wednesday, October 3, 2007. Motion declared carried as approved unanimously under Consent Agenda.

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 2007 CIP Rear Yard Drainage Improvements - Contract B, returnable by 3:00 p.m., Thursday, October 4, 2007. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE Z-15-06 MAP AMEND./755 SEEGERS:

Consent Agenda

Moved by Brookman, seconded by Murphy, to adopt Ordinance Z-15-06, AN ORDINANCE GRANTING A MAP AMENDMENT FROM MC 2, GENERAL MANUFACTURING TO R-3, TOWNHOUSE RESIDENTIAL FOR THE PROPERTY LOCATED AT 755 SEEGERS ROAD, DES PLAINES, ILLINOIS (Case 06-03-PUD). Motion declared carried as approved unanimously under Consent Agenda.

ORDINACE Z-16-06 AS AMENDED PRELIMINARY PUD/755 SEEGERS:

Consent Agenda

Moved by Brookman, seconded by Murphy, to adopt Ordinance Z-16-06, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) FOR 755 SEEGERS ROAD, DES PLAINES, ILLINOIS (Case 06-03-PUD). Motion declared carried as approved unanimously under Consent Agenda.

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 Murphy, seconded by Brookman, to recommend to the City Council approval of the September 17, 2007 - Warrant Register, in the total amount of $3,749.035.47, and further recommend that Resolution R-132-07 be adopted at appropriate time this evening. Motion declared carried. 9/17/07

PRESENTATION/COMPENSATION PLAN:

Acting City Manager Bajor stated that Fox Lawson & Associates, LLC, 1335 County Road D East, St. Paul, MN 55109, was contracted to conduct a Classification and Compensation Plan Study (approved by the City Council on April 17, 2006); Staff has reviewed the recommendations of this study and proposes a scaled-down version more consistent with the City= s compensation philosophy and financial concerns.

Acting City Manager Bajor gave a PowerPoint presentation showing the Fox Lawson recommendations and the City= s proposed version; Staff recommends that the implementation and the associated costs be discussed within the 2008 budget process with a detailed A target@ for each associated cost.

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

ORDINANCE M-58-07 VACATION OF ESSER COURT (SOUTH HALF):

Moved by Murphy, seconded by Smith, to place on First Reading Ordinance MC 58-07, AN ORDINANCE FOR THE VACATION OF ESSER COURT IN DES PLAINES AS IS MORE FULLY DESCRIBED HEREIN. Motion declared carried.

ORDINANCE M-7-05 BILLBOARD LIGHTING STANDARDS:

Moved by Higgason, seconded by Smith, to adopt Ordinance MC 7-05, AN ORDINANCE AMENDING TITLE 10, A BUILDING REGULATIONS,@ CHAPTER 1, A BUILDING CODE,@ SECTION 6, A ADOPTION OF ICC ELECTRICAL CODE,@ BY ADDING A., A BILLBOARD LIGHTING,@ TO THE DES PLAINES CITY CODE.

Alderman Brookman stated that the City does have lighting standards for signs now; she referred to a letter from then Attorney Mat Delort sent several years ago regarding lighting; she feels it was slanted toward Staff= s views; why aren= t we protecting the residents?; the billboard companies do not have a right to dictate what our lighting standards will be.

Alderman Murphy stated that the City Council and Staff do have the best interest of the City and the residents; then Attorney Matt Delort and now Judge Delort is very knowledgeable with billboard lighting standards and is well respected.

Alderman Moylan stated that Judge Delort is considered an expert in the field of billboards; building permits were issued for the billboards, and most people do agree that billboards are not signs.

City Attorney Wiltse stated he is trying to protect the residents; without these lighting standards we cannot protect the residents; we believe that we do not have lighting standards now and this ordinance will provide that.

Upon roll call, the vote was:

AYES: 5-Moylan, Murphy, Higgason,

Smith, Argus

NAYS: 1-Brookman

ABSENT: 2-Beauvais, Walsten

Motion declared carried.

ORDINANCE Z-23-07 -AS AMENDED BILLBOARD ZONING CHANGES:

Moved by Murphy, seconded by Smith, to adopt Ordinance Z-23-07 - AS AMENDED/AN ORDINANCE AMENDING ARTICLE 11.6, A REGULATION BY DISTRICT CLASSIFICATION,@ SECTION 5, A COMMERCIAL, MANUFACTURING AND INSTITUTIONAL DISTRICTS,@ MATRIX OF THE CITY OF DES PLAINES ZONING CODE. Upon roll call, the vote was:

AYES: 6-Moylan, Murphy, Higgason,

Brookman, Smith, Argus

NAYS: 0-None

ABSENT: 2-Beauvais, Walsten

Motion declared carried. 9/17/07

Alderman Brookman asked that the record show that she does not support other provisions of the billboard ordinance, but she is in favor of this ordinance because it protects the residents.

MINUTES/8/20/07:

Moved by Higgason, seconded by Argus, to approve minutes of the regular meeting of the City Council held August 20, 2007, as published. Motion declared carried. Alderman Brookman voted no.

ORDINANCE MC 55-07 DISPOSAL OF SURPLUS FIRE TRUCK #81:

Moved by Murphy, seconded by Higgason, to adopt Ordinance MC 55-07, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE WITH CITY CODE SECTION 1-12-4. Upon roll call, the vote was:

AYES: 6-Moylan, Murphy, Higgason,

Brookman, Smith, Argus

NAYS: 0-None

ABSENT: 2-Beauvais, Walsten

Motion declared carried.

CLASS 6(b) PROPERTY TAX INCENTIVE/1665 BIRCHWOOD:

Resolution R-121-07

Moved by Moylan, seconded by Argus, to POSTPONE until November 5, 2007 discussions regarding the Cook County Real Estate Classification 6(b) property tax abatement incentive for Panattoni Development Company for property located at 1665 Birchwood Avenue; and Resolution R-121-07.

Moved by Murphy, seconded by Brookman, to suspend the rules to permit public input on this matter. Motion declared carried.

Financial Manager Chris Hunter, for the petitioner, Panattoni Development Company, addressed the City Council and answered questions from the aldermen; we need the 6(b) to attract companies at a reasonable rental rate; our contract with the seller expires today; we cannot close without the 6(b).

Alderman Moylan stated that he still needs more information; what is the procedure that the developer has to follow?

Director of Community & Economic Development Conlan explained the 6(b) process and why companies need this; we have to compete with other counties with lower tax rates to get developers to come here; we are not allowing 6(b) classifications in the industrial area which does not apply to this property.

Mayor Arredia asked when construction would begin on the 44,395 sq. ft. logistics facility. Mr. Hunter said construction would begin after the winter months with completion by August of 2008.

Upon roll call on the motion to postpone until November 5, 2007, the vote was:

AYES: 2-Moylan, Argus

NAYS: 4-Murphy, Higgason, Brookman, Smith

ABSENT: 2-Beauvais, Walsten

MOTION DECLARED FAILED.

Moved by Murphy, seconded by Brookman, to authorize City to support and consent to the granting of a Cook County Real Estate Classification 6(b) property tax abatement incentive to Panattoni Development Company to assist with the construction of a 44,395 sq. ft. logistics facility on property located at 1665 Birchwood Avenue, PIN #09-28-300-021; and adopt Resolution R-121-07, A RESOLUTION AUTHORIZING 6(b) CLASSIFICATION FOR REAL PROPERTY WITH COOK COUNTY REAL ESTATE TAX INDEX NUMBER #09-28-300-021-0000, LOCATED AT 1665 E. BIRCHWOOD AVENUE IN DES PLAINES, ILLINOIS, PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE. Upon roll call, the vote was:

AYES: 3-Murphy, Higgason, Smith

NAYS: 3-Moylan, Brookman, Argus

ABSENT: 2-Beauvais, Walsten

MOTION DECLARED FAILED (a tie voted is a failed vote).

Moved by Murphy, seconded by Brookman, to POSTPONE unti October 1, 2007, discussion regarding the Cook County Real Estate Classification 6(b) property tax abatement incentive for Panattoni Development Company for property located at 1665 Birchwood Avenue; and Resolution R-121-07. Upon roll call, the vote was:

AYES: 6-Moylan, Murphy, Higgason,

Brookman, Smith, Argus

NAYS: 0-None

ABSENT: 2-Beauvais, Walsten

Motion declared carried.

WARRANT REGISTER:

Resolution R-132-07

Moved by Smith, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-132-07, 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: $3,749,035.47. Upon roll call, the vote was:

AYES: 6-Moylan, Murphy, Higgason,

Brookman, Smith, Argus

NAYS: 0-None

ABSENT: 2-Beauvais, Walsten

Motion declared carried.

SINGLE BID/CITY HALL VENT AND WINDOW RESEAL:

Moved by Brookman, seconded by Higgason, to authorize City Clerk to open single bid received on September 5, 2007 for City Hall Vent and Window Reseal. Motion declared carried.

City Clerk McAllister announced that the single bid was received from Des Plaines Glass Company, 962 Lee Street, Des Plaines, in the total bid amount of $123,000. Mayor Arredia referred the bid to Staff for review and report.

AGREEMENT/PETROLEUM MAIN RELOCATION HAWAIIAN VILLAGE:

Resolution R-119-07

Alderman Higgason stated that Alderman Walsten requested that Resolution R-119-07 authorizing an agreement with West Shore Pipe Line Company to raise the petroleum main in the Hawaiian Village area be placed on the October 1, 2007 agenda for reconsideration.

Moved by Higgason, seconded by Brookman, to place on the October 1, 2007 agenda under New Business, Alderman Walsten= s request for reconsideration of Resolution R-119-07 authorizing an agreement with West Shore Pipe Line Company to raise the petroleum main in the Hawaiian Village area bounded by Rand Road on the south, Wolf Road on the west, Polynesian Drive on the north and the Canadian National Railroad on the east; at a cost to the City of $11,750. Motion declared carried.

ADJOURNMENT:

Moved by Brookman, seconded by Moylan, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:26 P.M.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2007

Anthony W. Arredia, MAYOR

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