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, OCTOBER 15, 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 7:01 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, October 15, 2007.

ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Moylan, Murphy, Higgason, Walsten, Smith and Argus. Aldermen Brookman was absent. Alderman Brookman arrived at 7:40 p.m.

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

PRAYER:

The opening prayer was given by Reverend James Hines, Brentwood Baptist Church, followed by the Pledge of Allegiance to the Flag.

PRESENTATION:

President of the Des Plaines Library Board of Trustees, Noreen Lake, Library Administrator Sandra Norlin and Web Librarian Karen McBride, gave a PowerPoint presentation of the Library= s new project to incorporate the Radio Frequency Identification (RFID) technology into their security, check-out and check-in process for efficiency and cost-savings; this system will require remodeling of the Library= s atrium and sorting area of the Staff workroom.

Ms. Marilyn Kadris (sp), 614 Lee Street, addressed the City Council asking if anything could go wrong with this system. Library Administrator Norlin said no, other libraries with this system have experienced no problems; very few, if any, human errors.

PUBLIC HEARING/NPDES AND CSO PERMIT PLANS:

CALL TO ORDER:

Mayor Arredia called the Public Hearing to order at 7:18 p.m. The Public Hearing is being held pursuant to legal notice for public comments on the updates to the Combined Sewer Overflow Operational & Maintenance Plan, CSO Pollution Prevention Plan and the CSO Public Notification Program.

DISCUSSION:

Director of Engineering Oakley stated that the City= s NPDES CSO permit, which was originally issued on April 25, 2003, is set to expire on May 31, 2008; the IEPA is requiring that the City accept permitting responsibility for five (5) additional CSO= s within the City, bringing the total to seven (7) CSO= s; once public comment is received, the plans will be finalized and submitted to the IEPA for approval.

Mayor Arredia asked for comments from the aldermen and the public. There were none.

The Public Hearing was adjourned at 7:19 p.m.

CITIZEN PARTICIPA.:

Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that there has been a lot of confusion about the beer sales at the Taste of Des Plaines; citizens require an accountability of the funds; if other communities account for their funds, we should do that too.

Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and read a statement (in City Council folder) regarding Wille Road TIF #3; he has done his homework regarding this matter and comes with reasonable arguments; he asked that the City engage an outside, independent CPA firm to conduct a full audit of TIF #3; with his experience, he would be pleased to volunteer his time and sit on that special audit committee; also, the City should put any new TIF= s on permanent hold until the audit is done.

Mr. Ralph Kipniss, Director of the Puppet Parlor Theatre,

614 Lee Street, stating that they have tried for two (2) years to receive support or assistance from the community to bring culture, education and joy to help children to become better citizens; could someone give us a helping hand?; there are many hidden costs and expenses in running a theater; it is imperative that you act now because we are being forced to move out of our location.

Ms. Marilyn Kadris (sp), 614 Lee Street, addressed the City Council stating that the Puppet Parlor Theatre has tried to establish a very unique theater experience here; there are not many like this around; it would have advertising value for Des Plaines; we have tried to do this ourselves; we have contacted many people with no response; we need a helping hand.

CONSENT AGENDA:

Alderman Argus requested that Item 2, 9 and 9a be removed from the Consent Agenda; Alderman Higgason requested that Items 4, 4a, 8 and 8a be removed; and Alderman Walsten requested that Items 7, 7a and 13 be removed.

Moved by Beauvais, seconded by Murphy, to establish a Consent Agenda except for Items 2, 4, 4a, 7, 7a, 8, 8a, 9, 9a and 13. Motion declared carried.

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

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried. Executive Session minutes are approved; Staff recommendations and requests were approved; Ordinances MC 61-07 was adopted; Ordinance MC 65-07 and Z-26-07 were placed on First Reading; and Resolution R-142-07 was adopted.

MINUTES/EXEC. SESS. 9/19/07:

Consent Agenda

Moved by Brookman, seconded by Beauvais, to approve minutes of the Executive Session of the Committee of the Whole meeting of the City Council held September 19, 2007. Motion declared carried as approved unanimously under Consent Agenda.

MINUTES/10/1/07:

Alderman Argus stated that her comments on the first page of the minutes of the regular meeting of the City Council held October 1, 2007, regarding the union contract for IAFF #4211, were not quite what she said and she would like to offer an amendment to the minutes.

Moved by Murphy, seconded by Walsten, to POSTPONE until November 5, 2007, approval of the minutes of the regular meeting of the City Council held October 1, 2007. Motion declared carried.

MINUTES/EXEC. SESS. 10/1/07:

Consent Agenda

Moved by Brookman, seconded by Beauvais, to approve minutes of the Executive Session of the regular meeting of the City Council held October 1, 2007. Motion declared carried as approved unanimously under Consent Agenda.

POSITION RECLASSIFIC./MEDIA SPECIALIST:

Ordinance M-64-07

Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation to amend Title 1, Chapter 8 - A Position Classification and Compensation Plan,@ Section 4A., Schedule VII, of the City Code to delete classification of Assistant to the City Manager; amend Schedule V-B to add classification of Media Specialist with a salary range of $47,827 - Minimum, $54,117 - Midpoint and $62,234 - Maximum, within the City Manager= s Office; and further recommend to place on First Reading Ordinance MC 64-07. Motion declared carried.

AMENDMENTS/CLASSIFICA. & COMPENSATION PLAN:

Consent Agenda

Ordinance M-65-07

Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to amend Title 1, Chapter 8 - A Position Classification and Compensation Plan@ of the City Code as follows:

Delete Sections 1-8-1: C.2 and C.3 - deleting these sections will appropriately incorporate all City positions within the classified service;

Amend Sections 1-8-3:A and delete Section 1-8-3:C B the process described in these two (2) sections has been modified in practice and is currently reflected in the City= s revised Personnel Policy Manual;

Delete Section 1-8-4:B - this deletion is consistent with incorporating all City positions within the classified service as described above; and

Amend Section 1-8-5:A.4 - this will create a range of 5% to 10% or the minimum and allows for flexibility in salary increases resulting from a promotion; and further recommend to place on First Reading Ordinance MC 65-07. Motion declared carried as approved unanimously under Consent Agenda.

ZONING CASE 07-51-CU CONDIT. USE/1651 ELK BOULEVARD:

Consent Agenda

Ordinance Z-26-07

Moved by Brookman, seconded by Beauvais, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 07-51-CU, to grant request for Conditional Use, with conditions, to permit operation of a commercial school to teach esthetics (beauty school) in C-3 General Commercial District on property located at 1651 Elk Boulevard; and further recommend to place on First Reading 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. Motion declared carried as approved unanimously under Consent Agenda.

AGREEMENT/SANITARY SEWER REPAIR HAWAIIAN VILLAGE:

Resolution R-139-07

Moved by Walsten, seconded by Murphy, to concur with Staff recommendation to authorize Mayor and City Clerk to execute A Cost Sharing Agreement@ with West Shore Pipe Line Company, 3400 S. Badger Road, Arlington Heights, IL 60005, to share the cost of repairing the sanitary sewer that serves 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; work to be performed by West Shore Pipe Line Company= s contractor (Midwestern Contractors); City= s share of the cost to be $4,750/Sewer Repair & Maintenance Funds; and further recommend to adopt Resolution R-139-07, A RESOLUTION AUTHORIZING THE EXECUTION OF A SECOND COST SHARING AGREEMENT BETWEEN THE CITY OF DES PLAINES AND WEST SHORE PIPE LINE COMPANY. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

D.P. LIBRARY/RADIO FREQ, IDENTIFICA. TECHNOLOGY:

Resolution R-140-07

Moved by Beauvais, seconded by Moylan, to concur with Staff recommendation to consent to the Des Plaines Library= s remodeling of the atrium and sorting area of the Staff workroom to incorporate Radio Frequency Identification Technology into the security system; lease agreement requires that the Library not make any significant modifications without the prior consent of the City; and further recommend to adopt Resolution R-140-07, A RESOLUTION CONSENTING TO THE DES PLAINES PUBLIC LIBRARY INCORPORATING RADIO FREQUENCY IDENTIFICATION TECHNOLOGY INTO THE SECURITY AT THE DES PLAINES PUBLIC LIBRARY, 1501 ELLINWOOD STREET, DES PLAINES, ILLINOIS. Upon roll call, the vote was:

AYES: 7-Beauvais, Moylan, Murphy,

Brookman, Walsten, Smith, Argus

NAYS: 1-Higgason

ABSENT: 0-None

Motion declared carried.

2007 HOLIDAY DECORATIONS CONTRACT EXTENSION/FOUR SEASONS:

Resolution R-141-07

Moved by Argus, seconded by Murphy, to concur with Staff recommendation to approve fifth one-year extension of contract with Four Seasons Display, Inc., 1639 Oak Drive, McHenry, IL 60050 (original bid approved by the City Council on June 10, 2000, one-year extensions of three-year contract approved on October 6, 2003, October 18, 2004, October 3, 2005 and October 2, 2006); for 2007 Holiday Decorations in the amount of $43,593.90/TIF #1 Funds; and it would be in the best interest of the City that usual bid procedures be waived; and further recommend to adopt Resolution R-141-07, A RESOLUTION AUTHORIZING THE EXTENSION OF A HOLIDAY DECORATIONS AGREEMENT BETWEEN THE CITY OF DES PLAINES AND FOUR SEASONS DISPLAY, INC. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

VEHICLE ENFORCEMENT AGREEMENT/1925 OAKTON:

Consent Agenda

Resolution R-142-07

Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize Mayor and City Clerk to execute A Agreement for Enforcement of Municipal Ordinances on Private Property@ for police, traffic and parking enforcement for property located at 1925 E. Oakton Street (Deer View Condominium Association); and further recommend to adopt Resolution R-142-07, 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 DEER VIEW CONDOMINIUM ASSOCIATION FOR PROPERTY LOCATED AT 1925 EAST OAKTON STREET, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda.

PATIO VARIATION/2139 SPRUCEWOOD:

Consent Agenda

Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 4-7-11 of the Building Code Amendments to permit construction of a 19' x 13.5' brick paver patio in the rear of property located at 2139 Sprucewood Avenue. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE OF ROCK SALT:

Consent Agenda

Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to authorize purchase of Rock Salt, through the State of Illinois Bid Program, Contract PSD 4014343, from Morton International, Inc., Morton Salt Division, 123 N. Wacker Drive, Chicago, IL 60606, at a cost of $38.79 per ton/MFT Funds. Motion declared carried as approved unanimously under Consent Agenda.

BID AWARD/ROOF REPLACEMENT POLICE STATION:

Alderman Walsten stated that there is too much of a difference between the lowest bidder and the rest of the bidders; we need to look at this a little closer; is the right material being used?; will they come back with change orders?

Moved by Moylan, seconded by Higgason, to POSTPONE until November 5, 2007, approval of the bid award 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, for further review. Motion declared carried.

BID AWARD/2007 CIP REAR YARD DRAINAGE IMPROVEMENTS CONTRACT B:

Consent Agenda

Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation and award bid for 2007 CIP Rear Yard Drainage Improvements - Contract B to the lowest bidder, Martam Construction, Inc., 1200 Gasket Drive, Elgin, IL 60120, in the total bid amount of $429,615/Capital Projects Funds. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE MC 61-07 PROHIBIT POTABLE GROUNDWATER/1222 LEE:

Consent Agenda

Moved by Brookman, seconded by Beauvais, to adopt Ordinance MC 61-07, 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 1222 LEE STREET IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda.

APPOINTMENTS:

Presented for consideration (no action required) were the following Mayoral appointments:

YOUTH COMMISSION

Lisa C. Pigat (replacing Kelly Guthrie-Hecker)

ARCHITECTURAL COMMISSION

James Gould (replacing Peter Theodore)

(final action on these matters under Consent Agenda on November 5, 2007)

ORDINANCE MC 64-07 POSITION RECLASSIFIC./MEDIA SPECIALIST:

Moved by Beauvais, seconded by Murphy, to advance to Second Reading and adopt Ordinance MC 64-07, AN ORDINANCE AMENDING TITLE 1, A ADMINISTRATIVE,@ CHAPTER 8, A POSITION CLASSIFICATION AND COMPENSATION PLAN,@ SECTION 4A., A ADOPTION OF COMPENSATION PLAN.@ SCHEDULE V-B, A TECHNICAL, ENGINEERING AND INSPECTION PERSONNEL - NON-UNIONA AND SCHEDULE VII, A MANAGEMENT PERSONNEL - NON-UNION,@ OF THE CITY CODE. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

ORDINANCE MC 65-07 AMENDMENTS/CLASSIFICA. & COMPENSATION PLAN:

Moved by Beauvais, seconded by Higgason, to advance to Second Reading and adopt Ordinance MC 65-07, AN ORDINANCE AMENDING TITLE 1, A ADMINISTRATIVE,@ CHAPTER 8, A POSITION CLASSIFICATION AND COMPENSATION PLAN,@ OF THE DES PLAINES CITY CODE. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

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 Beauvais, seconded by Brookman, to recommend to the City Council approval of the October 15, 2007 - Warrant Register, in the total amount of $6,113,795.94, and further recommend that Resolution R-143-07 be adopted at appropriate time this evening. Motion declared carried.

ENGINEERING - Alderman Walsten, Chair

STORMWATER MASTER PLAN:

Alderman Walsten stated that the Stormwater Master Plan (SMP) update was referred back to Staff on September 4, 2007 for additional information on the number of affected properties and the cost-effectiveness of each project with an explanation of the weighted score, which determined the priority for constructing the drainage improvements.

Alderman Walsten stated that Staff is recommending accelerating the completion of the SMP to a five (5)-year period that would require additional funding in the amount of $700,000 per year for each of the five (5) years; it is being suggested that the Storm Sewer User Fee be increased by $.23 per 100 cubic foot to complete the remaining projects by 2012.

Alderman Murphy stated that she is uncomfortable with the funding and maybe this should be discussed during the budget hearings.

Alderman Brookman stated that we shouldn= t raise taxes just to speed up the project; we shouldn= t be making this funding decision until the budget hearings; also, we should do another survey that would reach all the homeowners; this is inadequate information; it is flawed data.

Alderman Argus stated that homes in her Ward get flooded all the time; her residents have been waiting for this improvement; if we wait until the budget hearings, when will we do this project?

Alderman Beauvais stated that the funding needs to be addressed in the budget; if this will make someone= s life better, she doesn= t think this is a waste of money; concept-wise, she doesn= t have a problem with accelerating the program.

Mr. John Milstead, 2515 Church Street, addressed the Committee of the Whole stating that he has lived here 35 years and has gotten water at least eight (8) times; he would appreciate receiving mailings rather than inserts in the newsletter; you need feedback from us.

Mrs. Andrea Sperath, 205 Leahy Circle, South, addressed the Committee of the Whole stating that every time it rains her street gets flooded; she does have overhead sewers but she still gets sewer backup; please consider this and reevaluate this area.

Alderman Argus stated that she has over 100 homes in her Ward; we have been flooded for years; we have overhead sewers; we have done everything we can.

Moved by Argus, seconded by Beauvais, to concur with Staff recommendation and recommend to the City Council to accelerate the completion of the Stormwater Master Plan to a five (5)-year period and increase the Storm Sewer User Fee by $.23 per 100 cubic foot to complete the remaining projects by 2012.

Moved by Brookman, seconded by Murphy, adopt a substitute motion and recommend to the City Council to POSTPONE further discussion on the Stormwater Master Plan and its related funding until the budget hearings. Motion declared carried (Aldermen Moylan, Murphy, Higgason, Brookman and Walsten voted yes; Aldermen Beauvais, Smith and Argus voted no).

Alderman Argus stated that the information provided by Staff was not flawed; maybe more information could have been added, but it was not flawed.

COMMUNITY DEVELOPMENT - Alderman Murphy, Chair

CRIME FREE MULTI-UNIT HOUSING PROGRAM:

Alderman Beauvais stated that this program is intended to provide assurances that the owners of rental properties have additional measures in place to respond to and mitigate chronic complaints caused by tenants of rental properties.

Alderman Beauvais stated that this matter was postponed on June 25, 2007 until a public hearing was held with owners of rental properties; this meeting was held on September 27, 2007.

Police Chief Prandini stated that changes were made to original ordinance, i.e. the program would be voluntary and the landlords/property managers would not have to provide a current list of tenants and the units they occupy; and a 10% discount off the license fee will be given to those landlords/property managers who fully complete all three (3) certification levels of the program.

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation and recommend to the City Council to amend A Licensing of Residential Properties Used for Rental Purposes.@ of the City Code to add the Crime Free Multi-Unit Housing Program which is voluntary with no provision that a current list of tenants and the units they occupy must be provided; will include a 10% discount on the rental license fee for any landlord/property manager who completes all three (3) certification levels of the program; and further recommend to place on First Reading Ordinance MC 32-07 - As Amended, at the appropriate time this evening. Motion declared carried.

CHRONIC NUISANCE ABATEMENT:

Alderman Beauvais reviewed the proposed changes to the A Chronic Nuisance Property Abatement@ of the City Code as requested by the City Council when the amended ordinance was originally presented to the City council on June 25, 2007, i.e. inclusion of specific crimes in the ordinance, definition of A Premise@ and elimination of civil penalties.

Moved by Higgason, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council to amend the A Chronic Nuisance Property Abatement@ of the City Code to expand the time frame of three (3) reported incidents to 180 consecutive days, include specific crimes and the definition of A Premise;@ and further recommend to place on First Reading Ordinance MC 33-07 - As Amended, at appropriate time this evening. Motion declared carried.

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

FINAL PLAT & VARIATION/2942 CURTIS:

Resolution R-111-07

(postponed 8/6/07 8/20/07 9/4/07)

Moved by Brookman, seconded by Smith, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Drozdowicz-Smith Subdivision and Subdivision Regulations Variation to permit proposed lot depths of 122.50' instead of required 125' for property located at 2942 Curtis Street; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-111-07, A RESOLUTION APPROVING THE FINAL PLAT FOR DROZDOWICZ-SMITH= S RESUBDIVISION LOCATED AT 2942 CURTIS STREET, DES PLAINES, ILLINOIS.

Alderman Beauvais questioned whether the appropriate public hearing notices were issued; the City Council approved the vacation of this property but did not approve the subdivision.

Moved by Murphy, seconded by Beauvais, to call for the question. Motion declared carried.

Upon roll call, the vote was:

AYES: 4-Murphy, Higgason, Brookman, Smith

NAYS: 5-Beauvais, Moylan, Walsten, Argus, Arredia

ABSENT: 0-None

MOTION DECLARED FAILED.

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

Attorney for the petitioner, Dan Dowd, 701 Lee Street, Des Plaines, addressed the City Council stating that all appropriate notices were posted and the public hearings held; he reviewed the history of this property; an ordinance was passed by the City Council in May vacating this property which was done so a fifth lot could be created; the City received $90,000 from the petitioner.

Alderman Brookman stated that it was clearly understood that the petitioner gave the City $90,000 and there would be a five (5)-lot subdivision.

Alderman Beauvais asked City Attorney Wiltse to read Ordinance MC 24-07 regarding the vacation of this property; we only approved the vacation not the subdivision; she is against undersized lots. City Attorney Wiltse stated that these are not undersized lots, and an exhibit of Ordinance MC 24-07 is a Plat of Survey showing the five (5) lots.

Mayor Arredia stated that he will continue with the agenda but asked the aldermen to think about this matter and he will come back to it later in the meeting.

FINAL PUD & EXCEPTIONS AND FINAL PLAT/254 LAUREL:

Ordinance Z-25-07

Resolution R-134-07

Moved by Murphy, seconded by Moylan, to concur with Staff recommendation to approve Final Planned Unit Development (PUD) and Permitted PUD Bulk Exceptions, re Zoning Case 05-31-PUD-A, for development of 120 townhouses on property located at 254 Laurel Avenue, in R-4 Central Core Residential District (Lexington Homes, LLC); and further recommend to place on First Reading Ordinance Z-25-07. Motion declared carried.

Moved by Higgason, seconded by Smith, to concur with Staff recommendation to approve Final Plat for Lexington Park Subdivision, 254 Laurel Avenue; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-134-07, A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR LEXINGTON PARK LOCATED AT 254 LAUREL AVENUE, DES PLAINES, ILLINOIS. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

Moved by Murphy, seconded by Brookman, to advance to Second Reading and adopt Ordinance Z-25-07, AN ORDINANCE GRANTING A REQUEST FOR FINAL APPROVAL OF A PLANNED UNIT DEVELOPMENT - PHASE I WITH A PERMITTED PUD BULK EXCEPTION FOR 254 LAUREL AVENUE, DES PLAINES, ILLINOIS (Case 05-31-PUD-A). Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

FLOOD 2007 PURCHASES & SERVICES:

Moved by Walsten, seconded by Argus, to concur with Staff recommendation to approve Flood 2007 purchases and services to Bolder Contractors, 440 Lake Cook Road, Deerfield, IL 60015, for generators, pumps and manpower for flood control in the amount of $75,675.48/General Fund. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

ORDINANCE Z-24-07 FINAL PUD/2811-2845 MANNHEIM:

Moved by Murphy, seconded by Smith, to adopt Ordinance Z-24-07, AN ORDINANCE GRANTING A REQUEST FOR FINAL APPROVAL OF A PLANNED UNIT DEVELO9PMENT WITH PERMITTED PUD BULK EXCEPTIONS FOR 2811-2845 MANNHEIM ROAD, DES PLAINES, ILLINOIS (Case 06-16-PUD-A). Upon roll call, the vote was

AYES: 7-Beauvais, Moylan, Murphy, Higgason,

Walsten, Smith, Argus

NAYS: 1-Brookman

ABSENT: 0-None

Motion declared carried.

RECONSIDER. RESOLUTION R-111-07 FINAL PLAT & VARIATION/2942 CURTIS:

Moved by Arredia, seconded by Murphy, to reconsider motion made and denied earlier in the meeting as follows:

A Moved by Brookman, seconded by Smith, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Drozdowicz-Smith Subdivision and Subdivision Regulations Variation to permit proposed lot depths of 122.50' instead of required 125' for property located at 2942 Curtis Street; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-111-07, A RESOLUTION APPROVING THE FINAL PLAT FOR DROZDOWICZ-SMITH= S RESUBDIVISION LOCATED AT 2942 CURTIS STREET, DES PLAINES, ILLINOIS.@

Motion declared carried (Aldermen Murphy, Higgason, Brookman, Smith and Mayor Arredia voted yes; Aldermen Beauvais, Moylan, Walsten and Argus voted no).

Upon roll call on the reconsidered motion, the vote was:

AYES: 5-Murphy, Higgason, Brookman, Smith, Arredia

NAYS: 4-Beauvais, Moylan, Walsten, Argus

ABSENT: 0-None

Motion declared carried.

WARRANT REGISTER:

Resolution R-143-07

Moved by Smith, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-143-07, 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: $6,113,795.94. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

STORMWATER MASTER PLAN:

Moved by Walsten, seconded by Higgason, to concur with recommendation of Committee of the Whole to postpone further discussion on the Stormwater Master Plan and its related funding until the budget hearings. Motion declared carried (Aldermen Moylan, Murphy, Higgason, Brookman and Walsten voted yes; Aldermen Beauvais, Smith and Argus voted no).

CRIME FREE MULTI-UNIT HOUSING PROGRAM:

Ordinance MC 32-07

AS AMENDED

Moved by Beauvais, seconded by Murphy, to concur with recommendation of Committee of the Whole to amend A Licensing of Residential Properties Used for Rental Purposes,@ of the City Code to add the Crime Free Multi-Unit Housing Program which is voluntary with no provision that a current list of tenants and the units they occupy must be provided; will include a 10% discount on the rental license fee for any landlord/property manager who completes all three (3) certification levels of the program; and further recommend to place on First Reading Ordinance MC 32-07 - As Amended. Motion declared carried.

Moved by Beauvais, seconded by Higgason, to advance to Second Reading and adopt Ordinance MC 32-07 - As Amended, AN ORDINANCE AMENDING TITLE 10, A BUILDING REGULATIONS,@ CHAPTER 3, A PROPERTY MAINTENANCE AND OCCUPANCY,@ SECTION 4, A LICENSING OF RESIDENTIAL PROPERTIES USED FOR RENTAL PURPOSES,@ OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

CHRONIC NUISANCE ABATEMENT:

Ordinance MC 33-07

AS AMENDED

Moved by Beauvais, seconded by Brookman, to concur with recommendation of Committee of the Whole to amend the A Chronic Nuisance Property Abatement@ of the City Code to expand the time frame of three (3) reported incidents to 180 consecutive days; include specific crimes and the definition of A Premise;@ and further recommend to place on First Reading Ordinance MC 33-07 - As Amended. Motion declared carried.

Moved by Beauvais, seconded by Murphy, to advance to Second Reading and adopt Ordinance MC 33-07 - As Amended, AN ORDINANCE AMENDING TITLE 5, A PUBLIC HEALTH AND SAFETY,@ CHAPTER 4, A CHRONIC NUISANCE PROPERTY ABATEMENT,@ OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

ADJOURNMENT:

Moved by Brookman, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:00 p.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2007

Anthony W. Arredia, MAYOR

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