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 19, 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 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, November 19, 2007.

ROLL CALL: Roll call indicated the following aldermen present: Murphy, Higgason, Smith, Argus. Aldermen Beauvais, Moylan, Brookman and Walsten were absent. Alderman Brookman arrived in Executive Session at 6:03 p.m. Alderman Moylan arrived in Executive Session at 6:15 p.m. Aldermen Beauvais and Walsten arrived in Executive Session at 6:28 p.m.

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

EXECUTIVE SESSION:

Moved by Murphy, seconded by Higgason, to go into Executive Session to discuss acquisition of real property and setting price for sale-lease of property. Upon roll call, the vote was:

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

NAYS: 0-None

ABSENT: 4-Beauvais, Moylan, Brookman, Walsten

Motion declared carried.

The City Council recessed at 6:01 p.m.

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

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

PRAYER:

The opening prayer was given by President Ghulam Farooqui, Islamic Community Center, followed by the Pledge of Allegiance to the Flag.

CITIZEN PARTICIPA.:

Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council wishing everyone a Happy Thanksgiving; we should all be thankful for what we have; there will be an inter-faith service at the First Congregational Church on Wednesday evening beginning at 7:30 p.m., we should do that too.

Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council wishing everyone a Happy Thanksgiving; he is making a plea that the aldermen examine the budget on December 3rd and make some cuts and not just tax increases; seriously consider replacing these tax increases with a property tax increase; the other tax increases will be passed on to the consumers and residents; also look at the expenditures and try to get them down; you have the option to go down a different path.

Phil, who lives at 446 W. Touhy Avenue, Lot #393, addressed the City Council stating that he did not mean to infer that the anonymous person he referred to at the last meeting was anyone here - although it could be since the letter was anonymous; there is too much finger pointing.

REPORT/PROPERTY TAX REVENUE VS. PROPOSED TAX INCREASES REVENUE:

Moved by Argus, seconded by Walsten, that Acting City Manager be authorized to prepare a report showing what percentage of property tax increase would be necessary to match revenue projected from other proposed tax increases. Motion declared carried.

ACQUISITION OF REAL PROPERTY/1486 MINER:

Moved by Murphy, seconded by Brookman, to concur with consensus in Executive Session to authorize purchase of property located at 1486 Miner Street from Mr. Hyo I. Chi, 1221 Brown Street, #204, Des Plaines, in amount of $330,000/TIF District #1 Funds. 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.

AMEND AGENDA/ZONING CASE 07-76-CU CONDIT. USE/1255 LEE:

Moved by Murphy, seconded by Higgason, to amend the agenda to take up the matter of Zoning Case 07-76-CU, a Conditional Use for 1255 Lee Street, first under Committee of the Whole later in the meeting. Motion declared carried.

CONSENT AGENDA:

Alderman Walsten requested that Items 4 and 4a be removed from the Consent Agenda; and Alderman Brookman and a resident requested that Item 5 be removed.

Moved by Beauvais, seconded by Moylan, to establish a Consent Agenda except for Items 4, 4a and 5. Motion declared carried.

Moved by Murphy, seconded by Beauvais, 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. Minutes are approved; Staff recommendations and requests were approved; Ordinance MC 69-07 was adopted; and Resolutions R-150-07 and R-151-07 were adopted.

MINUTES:

Consent Agenda

Moved by Murphy, seconded by Beauvais, to approve minutes of the regular meeting of the City Council held November 5, 2007, as published. Motion declared carried as approved unanimously under Consent Agenda.

PUBLIC IMPROVEMENTS/694 JARVIS & 2175 DOUGLAS:

Consent Agenda

Resolution R-150-07

Moved by Murphy, seconded by Beauvais, to concur wity Staff recommendation to accept Public Improvements for Part of Hajdich= s Second Subdivision, 694 Jarvis Avenue and 2175 Douglas Avenue (new addresses), consisting of storm sewer and public sidewalks; authorize release of entire surety in the amount of $20,681 (cash warranty in the amount of $2,068 has been posted and will be held for 18 months); and further recommend to adopt Resolution R-150-07, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR HAJDICH= S SECOND SUBDIVISION LOCATED AT 694 JARVIS AVENUE AND 2175 DOUGLAS AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

PUBLIC IMPROVEMENTS/2150 & 2160 DOUGLAS:

Consent Agenda

Resolution R-151-07

Moved by Murphy, seconded by Beauvais, to concur with Staff recommendation to accept Public Improvements for Hajdich= s Third Subdivision, 2150 and 2160 Douglas Avenue (new addresses), consisting of storm sewer and public sidewalks; authorize release of current Letter of Credit in the amount of $18,813 (cash warranty in the amount of $1,881 has been posted and will be held for 18 months); and further recommend to adopt Resolution R-151-07, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR HAJDICH= S THIRD SUBDIVISION LOCATED AT 2150 AND 2160 DOUGLAS AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

Resolution R-152-07

Moved by Walsten, seconded by Smith, to concur with Staff recommendation to authorize City to retain membership in the High Level Excess Liability Pool (Help) FOR AN ADDITIONAL TEN (10)-YEAR PERIOD BEGINNING May 1, 2008 and ending April 30, 2018 (last approved by the City Council on May 19, 1997 - Ordinance MC 34-97); and further recommend to adopt Resolution R-152-07, A RESOLUTION AUTHORIZING CONTINUATION OF THE HIGH-LEVEL EXCESS LIABILITY POOL. 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 M-67-07 SIDEWALK SNOW AND ICE REMOVAL:

Alderman Brookman stated that this ordinance could causwe an unintentional hardship on the residents; the fines could be considered hostel; she believes the city City should start with the business community; she is totally against this; she will be voting no.

Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and read a statement (in City Council folder) stating that the amendment to the existing ordinance is not only vague it is unnecessary; the compliance costs are too burdensome; he urged the aldermen to return this matter to committee for further review and public hearings so that citizens may voice their concerns.

Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that a lot of people believe that if they don= t clean their sidewalks, they can= t be sued; this is not true; he believes the $750 fine is too high; the fines should be tiered; the first offense should be a warning; maybe the City could form a partnership with Maine West High School to have the students do some community service by shoveling snow.

Mrs. Mary Rohde, 1718 Webster Lane, addressed the City Council stating that she agrees with the tiered level; we help each other on her street; the problem is on Oakton Street; the sidewalks are never cleaned; she has approached some of the businesses, but none of them are the owners; they say they are not responsible.

Alderman Higgason stated that may be we could at the fines again or not include senior citizens. City Attorney Wiltse stated the City would look at each case and use discretion; we already have this ordinance on the books; we are just making it more clear.

Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the City Council stating maybe this ordinance should go back and be re-written; it should have better standards; maybe the 24 hour time limit is too short; maybe it should be 36 hours.

Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that he brought this up two (2) years ago; he is glad the City is finally going to do something about this.

Moved by Brookman, seconded by Smith, Second Reading of 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 be referred back to committee for further review. Motion declared carried. Aldermen Moylan, Higgason and Walsten voted no.

ORDINANCE M-69-07 PROHIBIT POTABLE GROUNDWATER/1605 RIVER:

Consent Agenda

Moved by Murphy, seconded by Beauvais, to adopt Ordinance M-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.

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

COMMUNITY DEVELOPMENT - Alderman Murphy, Chair

ZONING CASE 07-76-CU CONDIT. USE/1255 LEE:

Alderman Murpny reviewed this request for an auto dealership at 1255 Lee Street; a previous request for this petitioner was denied by the City Council in March of this year, but the petitioner has reapplied with some substantive changes to the operational plan for the business, i.e. no sales will be conducted over the internet, the owner is willing to limit the length of the Conditional Use to an agreed upon length of time (3-5 years) after which time the site may be developed for another use.

Attorney Barry Collins, Tuttle, Vedral & Collins, 733 Lee Street, Suite 210, Des Plaines, representing the petitioner, Dimitrios Katsaros, A. D. Auto Sales, Inc., addressed the Committee of the Whole and answered questions from the aldermen, i.e. landscaping, fencing.

Alderman Walsten stated that he thinks there are too many car lots in the City; he will be voting no.

Mr. Wayne Serbin, 835 Pearson Street, stated that if they are only going to sell 80 cars a year, he hopes they survive and eventually sell 300 to 400 cars a year; it will mean more tax dollars for us.

Mr. Dion Kendrick, 943 Webster Lane, addressed the Committee of the Whole stating that this is a fine business; it is in the right area; maybe we could give him an incentive; we should help him out.

Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council, re Zoning Case 07-76-CU, to grant request for Conditional Use, with conditions, to permit a used motor vehicle sales business in C-3 General Commercial District on property located at 1255 Lee Street; and Ordinance Z-28-07 be placed on First Reading at appropriate time this evening. Motion declared carried. Alderman Walsten voted no.

FINANCE & ADMINISTRATION - Alderman Smith, Chair

WARRANT REGISTER:

Moved by Beauvais, seconded by Murphy, to recommend to the City Council approval of the November 19, 2007 - Warrant Register, in the total amount of $3,338,605.38, and further recommend that Resolution R-153-07 be adopted at appropriate time this evening. Motion declared carried.

2007 PROPERTY TAX LEVY NOTICE:

Acting Director of Finance Simpson stated that each year the City is required to provide notice and conduct a public hearing if the proposed aggregate property tax levy is 5% or more than the previous year= s property tax extension; even though the City= s estimated aggregate levy is not expected to exceed 5%, Staff recommends that there still be a public hearing on December 3, 3007.

Moved by Moylan, secodned by Smith, to concur with Staff recommendation and recommend to the City Council that a public hearing be held December 3, 2007 to notify the public that the City intends to consider a 2007 Property Tax Levy of 4.26% or $25,421,968; and Resolution R-154-07 be adopted at appropriate time this evening.

Alderman Murphy stated that this is just a requirement, but you could vote no on the A big picture.@

Alderman Brookman stated that she will be voting no.

Alderman Argus stated that she will also be voting no; we should have made some cuts.

Motion declared carried. Aldermen Murphy, Brookman and Argus voted no.

DEBT SERVICE SHORT TERM BORROWING:

Acting Director of Finance Simpson stated that due to the State delay in their budget process concerning property tax relief and the extension of Cook County second installment of property taxes, the City will need to borrow up to $5.5 million for short term financing to cover cash flow for debt payments due December 1, 2007.

Acting Director Simpson stated that letters of interest were requested from banks; three (3) banks responded; First Bank provided the best taxable rate of 5.25% which would be drawn upon with option to prepay with no fee or penalty; First Bank is the primary bank of the City.

Moved by Brookman, seconded by Argus, to concur with Staff recommendation and recommend to the City Council that Acting Director of Finance be authorized to borrow an amount not-to-exceed $5,500,000 on a revolving Line of Credit from First Bank, 678 Lee Street, Des Plaines, for City expenditures; said sums to be borrowed at a fixed interest rate of 5.25% with an option to prepay with no fee or penalty; and Ordinance MC 70-07 be placed on First Reading at appropriate time this evening. Motion declared carried.

REFERENDUM/REAL ESTATE TRANSFER TAX:

Assistant Director of Finance Wisniewski stated that the City currently charges $2 per $1,000 of property value relating to the Real Estate Transfer Tax; this tax is only imposed on residents who decide to move out of the City; should the seller purchase property within the City, a refund of this transfer tax is provided.

Moved by Brookman, seconded by Argus, to NOT place a referendum on the February 5, 2008 Primary Election ballot asking the voters to consider establishing a new Real Estate Transfer Tax of $3 per $1,000 of property value to be paid by the seller; and Resolution R-155-07 be VOIDED.

Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the Committee of the Whole stating that she would like to see a chart of what other communities are doing; what taxes do they have; this could impact senior citizens. Acting City Manager Bajor said there is a chart on the City= s web site.

Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole asking if this would be a binding referendum. Alderman Smith said yes. Mr. Serbin stated that this would be poor public relations if you don= t have a referendum; people might get angry. 11/19/07

Upon roll call, the vote was:

AYES: 5-Moylan, Brookman, Walsten,

Smith, Argus

NAYS: 3-Beauvais, Murphy, Higgason,

ABSENT: 0-None

Motion declared carried.

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

POSITION RECLASSIFIC./PUBLIC WORKS DEPARTMENT:

Ordinance M-66-07

Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to amend Title 1, Chapter 8 - A Position Classification and Compensation Plan,@ Section 4A., Schedule V-A, of the City Code to delete classification of Environmental Services Coordinator, and amend Schedule VII to add classification of Assistant to the Director of Public Works with a salary range of $55,323 - Minimum, $62,539 - Midpoint and $71,919 - Maximum; and further recommend to place on First Reading Ordinance MC 66-07, AN ORDINANCE AMENDING TITLE 1, A ADMINISTRATIVE,@ CHAPTER 8, - A POSITION CLASSIFICATION AND COMPENSATION PLAN,@ BY RECLASSIFYING A ENVIRONMENTAL SERVICES COORDINATOR@ TO A ASSISTANT TO THE DIRECTOR OF PUBLIC WORKS@ AND AMENDING SCHEDULE V-A, A TECHNICAL, ENGINEERING AND INSPECTION PERSONNEL - UNION,@ AND SCHEDULE VII, A MANAGEMENT PERSONNEL - NON-UNION,@ OF THE CITY CODE OF DES PLAINES TO REFLECT SAME. MOTION DECLARED FAILED (Aldermen Beauvais, Higgason and Smith voted yes; Aldermen Moylan, Murphy, Brookman, Walsten and Argus voted no).

WARRANT REGISTER:

Resolution R-153-07

Moved by Smith, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-153-07, 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: $3,338,605.38. 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.

2007 PROPERTY TAX LEVY NOTICE:

Resolution R-154-07

Moved by Smith, seconded by Higgason, to concur with recommendation of Committee of the Whole that a public hearing be held December 3, 2007 to notify the public that the City intends to consider a 2007 Property Tax Levy of 4.26% or $25,421,968; and further recommend to adopt Resolution R-154-07, A RESOLUTION OF THE CITY COUNCIL TO NOTIFY THE PUBLIC THAT IT INTENDS TO HAVE A 2007 PROPERTY TAX LEVY. Upon rol call, the vote was:

AYES: 5-Beauvais, Moylan, Higgason,

Walsten, Smith

NAYS: 3-Murphy, Brookman, Argus

ABSENT: 0-None

Motion declared carried.

DEBT SERVICE SHORT TERM BORROWING:

Ordinance M-70-07

Moved by Smith, seconded by Argus, to concur with recommendation of Committee of the Whole that Acting Director of Finance be authorized to borrow an amount not-to-exceed $5,500,000 on a revolving Line of Credit from First Bank, 678 Lee Street, Des Plaines, for City expenditures; said sums to be borrowed at a fixed interest rate of 5.25% with an option to prepay with no fee or penalty; and further recommend to place on First Reading Ordinance MC 70-07. Motion declared carried.

Moved by Smith, seconded by Brookman, to advance to Second Reading and adopt Ordinance MC 70-07, AN ORDINANCE AUTHORIZING THE ACTING FINANCE DIRECTOR TO BORROW ON A LINE OF CREDIT FOR CITY EXPENDITURES IN AN AMOUNT NOT TO EXCEED $5,500,000. 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.

REFERENDUM/REAL ESTATE TRANSFER TAX:

Resolution R-155-07

Moved by Smith, seconded by Brookman, to concur with recommendation of Committee of the Whole to NOT place a referendum on the February 5, 2008 Primary Election ballot asking the voters to consider establishing a new Real Estate Transfer Tax of $3 per $1,000 of property value to be paid by the seller; and Resolution R-155-07 be VOIDED. Upon roll call, the vote was:

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

NAYS: 4-Beauvais, Murphy, Higgason, Walsten

ABSENT: 0-None

Motion declared carried.

ZONING CASE 07-76-CU CONDIT. USE/1255 LEE:

Ordinance Z-28-07

Moved by Murphy, seconded by Higgason, to concur with recommendation of Committee of the Whole, re Zoning Case 07-76-CU, to grant request for Conditional Use, with conditions, to permit a used motor vehicle sales business in C-3 General Commercial District on property located at 1255 Lee Street; and further recommend to place on First Reading Ordinance Z-28-07. Motion declared carried. Alderman Walsten voted no.

Moved by Murphy, seconded by Higgason, to advance to Second Reading and adopt Ordinance Z-28-07, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-6 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW A USED MOTOR VEHICLE SALES BUSINESS AT 1255 LEE STREET, DES PLAINES, ILLINOIS. Upon roll call, the vote was:

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

Brookman, Smith, Argus

NAYS: 1-Walsten

ABSENT: 0-None

Motion declared carried.

ADJOURNMENT:

Moved by Brookman, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:08 p.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2007

Anthony W. Arredia, MAYOR

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