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,
TUESDAY, JANUARY 22, 2008

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 Tuesday, January 22, 2008.

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

Also present were: Acting City Manager Bajor, Acting Director of Finance Simpson, Police Chief Prandini, Deputy Police Chief Burton, Fire Chief Jaeger, Director of Engineering Oakley, Director of Public Works Dusckett and Assistant City Attorney Bartel.

PRAYER:

The opening prayer was given by Reverend Victor Ortiz, Faith Alliance Bible Church, followed by the Pledge of Allegiance to the Flag.

PRESENTATION:

Mayor Arredia, assisted by Donna Catlett, member of the Holiday Lighting Committee, presented plaques of appreciation to the 25 schools who participated in decorating the 2007 holiday trees in Metropolitan Square; appreciation was also expressed to the Optimist Club of Des Plaines who donated all the trees.

PUBLIC HEARING/ANNEXATION 150 N. EAST RIVER RD.:

CALL TO ORDER:

Mayor Arredia called the Public Hearing to order at 7:10 p.m. The Public Hearing was being held pursuant to legal notice to consider approval of the proposed annexation agreement for property located at 150 N. East River Road.

DISCUSSION:

Assistant City Attorney Bartel gave a brief overview.

Mayor Arredia asked for comments from the aldermen and the public. There were none. Final action on this matter under Items 2, 2a and 2b on the Consent Agenda this evening.

The Public Hearing was adjourned at 7:13 p.m.

The City Council reconvened at 7:14 p.m.

CITIZEN PARTICIPA.:

Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that he is 100% in favor of the Automated Red Light Camera Program; he does business in a Chicago area that has one of the highest crime rates; this project doesn= t prevent crime, it just moves it, but he is still in favor because of what it does for traffic control and accidents; also he would like to suggest that residents be involved in the selection of the new City Manager; and also he would like to apologize to the Acting City Manager regarding the minutes he referred to at the last City Council meeting; he had the wrong meeting date; the minutes regarding the Police Station are on the Web site.

CONSENT AGENDA:

Moved by Murphy, seconded by Brookman, to establish a Consent Agenda. Motion declared carried.

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

AYES: 7-Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 1-Beauvais

Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinance MC 1-08 was adopted; Ordinance A-1-08 was placed on First Reading and Resolutions R-9-08, R-10-08 and R-12-08 were adopted.

MINUTES:

Consent Agenda

Moved by Higgason, seconded by Smith, to approve minutes of the regular meeting of the City Council held January 7, 2008, as published. Motion declared carried as approved unanimously under Consent Agenda.

ANNEXATION/150 N. EAST RIVER RD.:

Consent Agenda

Ordinance AC 1-08

Resolution R-9-08

Moved by Higgason, seconded by Smith, to concur with Staff recommendation to approve annexation of a parcel of land immediately north of, and adjacent to, the United Stationers property located at 150 N. East River Road, consisting of an approximately 225' x 629' undeveloped parcel and approve rezoning of property to R-3 Townhouse Residential District (currently zoned C-3 General Commercial District); and Mayor and City Clerk be authorized to execute A Annexation Agreement@ with United Stationers Supply Company (the owner), One Parkway North Boulevard, Suite 100, Deerfield, IL 60015, and Lexington Homes, LLC (the developer), 1731 N. Marcey, Suite 200, Chicago, IL 60614, for an approximately 225' x 629' undeveloped parcel of land located at 150 N. East River Road; and further recommend to place on First Reading Ordinance A-1-08, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR PROPERTY COMMONLY KNOWN AS 150 N. EAST RIVER ROAD, DES PLAINES, ILLINOIS; and adopt Resolution R-9-08, A RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY COMMONLY KNOWN AS 150 N. EAST RIVER ROAD. Motion declared carried as approved unanimously under Consent Agenda.

2008 GIS DATABASE SERVICES/MUNICIPAL GIS PARTNERS:

Consent Agenda

Resolution R-10-08

Moved by Higgason, seconded by Smith, to concur with Staff recommendation to authorize Mayor and City Clerk to execute A GIS Consortium Service Provider Contract@ with Municipal GIS Partners, Inc., 3500 Western Avenue, Suite 200, Highland Park, IL 60035, to provide 2008 GIS Database Services at a cost not-to-exceed $170,166/GIS Budgeted Funds; and further recommend to adopt Resolution R-10-08, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN MUNICIPAL GIS PARTNERS, INC. AND THE CITY OF DES PLAINES FOR GIS DATABASE SERVICES FOR CALENDAR YEAR 2008. Motion declared carried as approved unanimously under Consent Agenda.

AMENDMENT/MEMBERSHIP, HIGH-LEVEL EXCESS LIABILITY POOL (HELP):

Consent Agenda

Resolution R-12-08

Moved by Higgason, seconded by Smith, to concur with Staff recommendation that, as requested by the Administrator for the High Level Excess Liability Pool (HELP), the City approve a new resolution regarding City= s membership in HELP (last approved by the City Council on November 19, 2007 for a ten (10)-year period beginning May 1, 2008 and ending April 30, 2018 - Resolution R-152-07) to state that if a member withdraws from HELP, it must continue to pay the annual contributions through the end of the ten (10)-year period and not by giving just a one (1)-year notice; and further recommend to adopt Resolution R-12-08, A RESOLUTION AUTHORIZING CONTINUATION OF THE HIGH-LEVEL EXCESS LIABILITY POOL. Motion declared carried as approved unanimously under Consent Agenda.

AMENDMENT TO AGREEMENT/MAPLE STREET WATER PUMP. STATION:

Consent Agenda

Moved by Higgason, seconded by Smith, to concur with Staff recommendation to approve amendment to the A Consulting Services Agreement@ with MWH Americas, Inc., 175 W. Jackson Boulevard, Chicago, IL 60604 (approved by the City Council on April 2, 2007 - Resolution R-53-07) to widen the scope of work for improvements to the Maple Street Water Pumping Station, to add design and plans and specifications preparation for the electrical service upgrade and incidental equipment to the project for an additional not-to-exceed amount of $39,140/Water Fund; the new contract amount would be $188,877. Motion declared carried as approved unanimously under Consent Agenda.

REAPPOINT:

Consent Agenda

Moved by Higgason, seconded by Smith, to approve Mayoral reappointment to the YOUTH COMMISSION of Gloria Ludwig, term to expire December 1, 2010. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-1-08 PILING SNOW/HANDICAPPED PARKING SPACES:

Consent Agenda

Moved by Higgason, seconded by Smith, to adopt Ordinance MC 1-08, AN ORDINANCE AMENDING TITLE 8, A PUBLIC WAYS AND PROPERTY,@ CHAPTER 1, A STREETS AND SIDEWALKS,@ SECTION 11, A RESTRICTIONS ON DEPOSIT OF MATERIAL OR SNOW ON PUBLIC RIGHTS OF WAYS,@ OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE A-1-08 ANNEXATION/150 N. EAST RIVER ROAD

Moved by Murphy, seconded by Argus, to advance to Second Reading and adopt Ordinance A-1-08, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR PROPERTY COMMONLY KNOWN AS 150 N. EAST RIVER ROAD, DES PLAINES, ILLINOIS. Upon roll call, the vote was:

AYES: 7-Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 1-Beauvais

Motion declared carried.

APPOINTMENTS:

Being presented for consideration (no action required) is the Mayoral appointment of Cynthia Morgan, replacing Marilyn O= Brien (deceased) to the CONSUMER PROTECTION COMMISSION and Richard V. Myer, replacing Bill Atherton (moved) to the ECONOMIC DEVELOPMENT COMMISSION (final action on these matters under Consent Agenda on February 4, 2008).

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 Brookman, seconded by Higgason, to recommend to the City Council approval of the January 22, 2008 - Warrant Register, in the total amount of $9,258,940.26, and further recommend that Resolution R-11-08 be adopted at appropriate time this evening. Motion declared carried.

PUBLIC SAFETY - Alderman Higgason, Vice Chair

PROPOSED RULES CHANGES/BD. OF FIRE & POLICE COMMISSION.:

Police Chief Prandini stated that the Police and Fire Department= s Staff have been meeting for the past several months to improve the hiring process for qualified Police Officer and Firefighter candidates; the goals of the proposed changes is to seek qualified candidates by reducing the time and costs associated with the current process. 　

Police Chief Prandini introduced Deputy Police Chief Angela Burton who gave a detailed PowerPoint presentation of the proposed changes to the Rules and Regulations of the Board of Fire and Police Commissioners, i.e.

-- expand the criteria for qualifications to high school diploma or GED and 60 hours of college credit, or law enforcement experience or military service;

B - expand the criteria for disqualifications to add habitual narcotic or drug user/history of alcohol/drug abuse; no marijuana use - last 2 (2) years; no cocaine/designer/prescription drugs - last five (5) years; has never used heroin, hallucinogens, illicit drugs or controlled substance through injection;

B - provide for eliminating less desirable candidates who have moral and legal issues in questions; and

B - point distribution and physical agility test.

Mr. Jim Brookman, 702 Howard Avenue, addressed the Committee of the Whole stating that military service and past experience is a good thing, but the 60 hours of college credit does not mean that the degree is relative to the job; credit should be given to other skills, i.e. electricians, roofers; he thinks it would be much better to give applicants credit for college but not disqualify someone for not having it.

Mr. Don Rosedale, 2069 Fargo Avenue, and member of the Board of Fire and Police Commissioners, addressed the Committee of the Whole stating that the Fire Department requirement is still only a high school degree; only the Police Department was changed; we don= t want to deny anyone their chance, but we can see from the background checks whether they are the kind of candidate we want.

Moved by Moylan, seconded by Walsten, to concur with recommendation of the Board of Fire and Police Commissioners and Staff and recommend to the City Council approval of proposed amendments to the Rules and Regulations of the Board of Fire and Police Commissioners; and Ordinance MC 2-08 be placed on First Reading at appropriate time this evening. Motion declared carried.

PUBLIC WORKS - Alderman Argus, Chair

POSITION RECLASSIFI./ASSIST. TO DIRECTOR OF PUBLIC WORKS:

Acting City Manager Bajor reviewed the request from Staff to delete the position of Environmental Services Coordinator and add the position of Assistant to the Director of Public Works; this matter was first considered by the City Council in November of 2007 and is being reconsidered upon the consensus request of the City Council.

Acting City Manager Bajor stated that no additional Staff is being added; this position has been in the Staff structure for several years; we would like it in a management position; there is only a $6,000 difference in salary.

Alderman Murphy stated that she doesn= t see that this position has accomplished what Fox Lawson intended for this position; she cannot support this.

Alderman Argus stated that she cannot support this change either; we are just adding layers; we should try to keep the budget as low as possible.

Moved by Moylan, seconded by Higgason, to concur with Staff recommendation and recommend to the City Council 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 $57,258 - Minimum, $64,727 - Midpoint and $74,436 - Maximum; and Ordinance MC 3-08 be placed on First Reading at appropriate time this evening. Motion declared carried. Aldermen Murphy, Brookman and Argus voted no.

COMMUNITY DEVELOPMENT - Alderman Murphy, Chair

ZONING CASE 07-71-CU-V CONDIT. USE & VARIATION/1101 OAKTON:

Alderman Murphy reviewed this request from the McDonald= s Restaurant at 1101 Oakton Street for a two-lane drive-through facility as part of major renovations; what has been a concern is IDOT= s recommendation that a curb cut be eliminated and the creation of a side exit onto the K-Mart property and utilization of the K-Mart curb cut to provide site egress; McDonald= s has an agreement with K-Mart to use this entry; this restaurant should be rebuilt in four (4) months.

Alderman Brookman stated that she supports the proposal to replace this structure, but is concerned that the exit configuration may not work well; there will be a meeting with IDOT to convince them not to require the elimination of the curb cut; she is hoping that the curb cut problem can be solved; she agrees that we should move forward and not hold this up for IDOT.

Alderman Brookman asked if the parking agreement with K-Mart is binding. Mrs. Christine Schenk, 960 Rand Road, owner of the McDonald= s Restaurant at 1101 Oakton Street, said the agreement is in perpetuity and binding.

Alderman Walsten questioned how the restaurant will address implementing some of the new energy programs. Mr. Ed Schneider, Operations/Development Manager, McDonald= s USA, LLC, 4320 Winfield Road, Suite 400, Warrenville, IL 60555, said they have addressed the energy issues, i.e. lights, cookers; all their stores are looking in that direction; they need to rebuild because of the energy issues; it is to their benefit to do it right.

Moved by Brookman, seconded by Argus, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff and recommend to the City Council, re Zoning Case 07-71-CU-V, to grant request for Conditional Use and Variation, with conditions, to permit existing restaurant to be demolished and new Class B (Fast Food) Restaurant with customer seating for 90 persons, new double drive-through and Parking Variation to permit 27 on-site parking spaces instead of the required 38 parking spaces, in C-3 General Commercial District on property located at 1101 E. Oakton Street (McDonald= s); and Ordinance Z-29-07 be placed on First Reading at appropriate time this evening. Motion declared carried.

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

ORDINANCE M-100-07 AS AMENDED CONSUMER PROTECTION COMMISSION:

Moved by Brookman, seconded by Murphy, to adopt Ordinance MC 100-07, AN ORDINANCE AMENDING TITLE 2, A BOARDS AND COMMISSIONS,@ CHAPTER 11, A CONSUMER PROTECTION COMMISSION,@ OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was

AYES: 7-Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 1-Beauvais

Motion declared carried. 1/22/08

ORDINANCE Z-2-08 AS AMENDED MAP AMEND./2200 GOLF:

Moved by Murphy, seconded by Argus, to adopt Ordinance Z-2-08 - AS AMENDED, AN ORDINANCE GRANTING A MAP AMENDMENT FROM C-3 GENERAL COMMERCIAL TO R-3 TOWNHOUSE RESIDENTIAL FOR THE PROPERTY LOCATED AT 2200 EAST GOLF ROAD, DES PLAINES, ILLINOIS (Case 07-48-PUD-A). Upon roll call, the voted was:

AYES: 6-Moylan, Murphy, Higgason,

Brookman, Smith, Argus

NAYS: 1-Walsten

ABSENT: 1-Beauvais

Motion declared carried.

ORDINANCE Z-3-08 AS AMENDED PRELIMINARY PUD AND EXCEPTIONS/2200 GOLF:

Moved by Murphy, seconded by Argus, to adopt Ordinance Z-3-08 - AS AMENDED, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) WITH SEVERAL PERMITTED PLANNED UNIT DEVELOPMENT BULK EXCEPTIONS FOR 2200 EAST GOLF ROAD, DES PLAINES, ILLINOIS (Case 07-48-PUD-A). Upon roll call, the vote was:

AYES: 6-Moylan, Murphy, Higgason,

Brookman, Smith, Argus

NAYS: 1-Walsten

ABSENT: 1-Beauvais

Motion declared carried.

WARRANT REGISTER:

Resolution R-11-08

Moved by Smith, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-11-08, 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: $9,258,940.26. Upon roll call, the vote was:

AYES: 7-Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 1-Beauvais

Motion declared carried.

RULES & REG. CHANGES/BOARD OF FIRE AND POLICE COMMISSION.:

Ordinance M-2-08

Moved by Higgason, seconded by Murphy, to concur with recommendation of Committee of the Whole to approve proposed amendments to the Rules and Regulations of the Board of Fire and Police Commissioners; and further recommend to place on First Reading Ordinance MC 2-08. Motion declared carried.

Moved by Higgason, seconded by Murphy, to advance to Second Reading and adopt Ordinance MC 2-08, AN ORDINANCE ADOPTING THE AMENDMENTS TO THE REVISED RULES AND REGULATIONS OF THE BOARD OF FIRE & POLICE COMMISSIONERS. Upon roll call, the vote was:

AYES: 5-Moylan, Higgason, Brookman, Walsten, Arredia

NAYS: 3-Murphy, Smith, Argus

ABSENT: 1-Beauvais

MOTION DECLARED FAILED (a 2/3's vote is required to adopt an ordinance at the meeting at which it is presented).

POSITION RECLASSIFI./ASSIST. TO DIRECTOR OF PUBLIC WORKS:

Ordinance M-3-08

Moved by Higgason, seconded by Murphy, to concur with recommendation of Committee of the Whole 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 $57,258 - Minimum, $64,727 - Midpoint and $74,436 - Maximum; and further recommend to place on First Reading Ordinance MC 3-08, AN ORDINANCE AMENDING TITLE 1, A ADMINISTRATIVE,@ CHAPTER 8, A POSITION CLASSIFICATION AND COMPENSATION PLAN,@ SECTION 4A., A ADOPTION OF 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 A MANAGEMENT PERSONNEL - NON-UNION@ OF THE CITY CODE OF DES PLAINES TO REFLECT SAME.

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

ZONING CASE 07-71-CU-V CONDIT USE & VARIATION/1101 OAKTON:

Ordinance Z-29-07

Moved by Murphy, seconded by Brookman, to concur with recommendation of Committee of the Whole, re Zoning Case 07-71-CU-V, to grant request for Conditional Use and Variation, with conditions, to permit existing restaurant with customer seating for 90 persons, new double drive-through and Parking Variation to permit 27 on-site parking spaces instead of the required 38 parking spaces, in C-3 General Commercial District on property located at 1101 E. Oakton Street (McDonald= s); and further recommend to place on First Reading Ordinance Z-29-07. Motion declared carried. Alderman Walsten voted no.

Moved by Murphy, seconded by Brookman, to advance to Second Reading and adopt Ordinance Z-29-07, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT A CLASS B RESTAURANT WITH CUSTOMER SEATING FOR 90 PERSONS, A DRIVE-THRU FACILITY WITH TWO LANES FOR TRAFFIC AND AN OFF STREET PARKING VARIANCE TO ALLOW 27 ON-SITE PARKING SPACES, INSTEAD OF 38 PARKING SPACES, AS REQUIRED, AT 1101 OAKTON STREET, DES PLAINES, ILLINOIS (Case 07-71-CU). Upon roll call, the vote was:

AYES: 7-Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 1-Beauvais

Motion declared carried.

EXECUTIVE SESSION:

Moved by Brookman, seconded by Moylan, to go into Executive Session to discuss personnel. Upon roll call, the vote was:

AYES: 7-Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 1-Beauvais

Motion declared carried.

The City Council recessed at 9:00 p.m.

The City Council reconvened at 9:27 p.m.

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

PERSONNEL/RECRUITMENT OF CITY MANAGER:

Moved by Brookman, seconded by Moylan, to concur with majority agreement in Executive Session that the matter of recruitment of City Manager be discussed again in Executive Session on February 4, 2008. Motion declared carried. Aldermen Murphy and Argus voted no.

ADJOURNMENT:

Moved by Brookman, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:28 p.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2008

Anthony W. Arredia, MAYOR

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