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, JULY 21, 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 6:03 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, July 21, 2008.

ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Higgason, Brookman, Walsten, Smith, Argus. Aldermen Moylan and Murphy were absent. Aldermen Moylan and Murphy arrived in Executive Session at 6:06 p.m.

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

EXECUTIVE SESSION:

Moved by Higgason, seconded by Brookman, to go into Executive Session to discuss acquisition of real property. Upon roll call, the vote was:

AYES: 6-Beauvais, Higgason, Brookman,

Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 2-Moylan, Murphy

Motion declared carried.

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

The City Council reconvened at 7:01 p.m.

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

PRAYER:

The opening prayer was given by Father Demetri Kounavis, St. John the Baptist Greek Orthodox Church, followed by the Pledge of Allegiance to the Flag.

CITIZEN PARTICIPA.:

Mrs. Eva Korber, 1451 Webster Lane, addressed the City Council stating that she has lived in Des Plaines for 40 years and has never given anyone any problems; she recently called the City to have her sidewalk repaired and they put in block asphalt which looks terrible and is very dirty. Assistant Director of Engineering Duddles said that all the sidewalks have been done for this year; they will do her sidewalk next year. City Manager Bajor stated that he will look into this matter.

Mrs. Jackie Wijas, 385 Hawthorne Lane, addressed the City Council stating that there is a serious traffic problem at Hawthorne Lane and Junior Terrace; a stop sign should be put at this intersection or at least a speed bump; it is posted 25 MPH but no one follows that. Alderman Beauvais stated that she will look into the matter.

CONSENT AGENDA:

Alderman Beauvais requested that Item 8 be removed from the Consent Agenda.

Moved by Murphy, seconded by Argus, to establish a Consent Agenda except for Item 8. Motion declared carried.

Moved by Brookman, seconded by Higgason, 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 were approved; Staff recommendations and requests were approved; Ordinances MC 23-08 and Z-17-08 were adopted; Ordinance MC 24-08 was placed on First Reading and Resolution R-89-08 was adopted.

MINUTES:

Consent Agenda

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

Moved by Brookman, seconded by Higgason, to approve minutes of the Executive Session of the regular meeting of the City Council held July 7, 2008. Motion declared carried as approved unanimously under Consent Agenda.

LIQ. LIC./967-1/2 ELMHURST:

Consent Agenda

Ordinance M-24-08

Moved by Brookman, seconded by Higgason, to concur with Staff recommendation to amend Title 4, Chapter 4 - A Intoxicating Liquors,@ Section 4-4-5:A. of the City Code to add a new Class E - Restaurant and Dining Room Liquor Dealers License for property located at 967-l/2 S. Elmhurst Road, d/b/a Los Amigos De Apatzingan Taqueria Mexican Restaurant; contingent upon verification of background check; and further recommend to place on First Reading Ordinance MC 24-08, AN ORDINANCE AMENDING TITLE 4, A BUSINESS REGULATIONS,@ CHAPTER 4, A INTOXICATING LIQUORS,@ SECTION 5, A LICENSE FEES AND NUMBER,@ OF THE DES PLAINES CITY CODE TO ADD ONE CLASS E LIQUOR LICENSE FOR FRANCISCO VARGAS D/B/A LOS AMIGOS DE APATZINGAN TAQUERIA AT 967-2 S. ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

MFT FUNDS FINAL PAYMENT/GOLF ROAD CONST. AT RIVER RD.:

Consent Agenda

Resolution R-89-08

Moved by Brookman, seconded by Higgason, to concur with Staff recommendation to authorize final payment to the State Treasurer % Illinois Department of Transportation (IDOT) for City= s share of the replacement of an existing 12" water main under the Des Plaines River Road Bridge, to relocate the emergency Vehicle Pre-Emption Equipment at the signalized intersection and other miscellaneous items, which were part of the reconstruction of the Golf Road Bridge over the Des Plaines River and improvement of the intersection at Golf Road and Des Plaines River Road (approved by the City Council on May 6, 2002 - Resolution R-48-02), in the amount of $50,572.59/MFT Funds, Section 02-00183-00-TL; and further recommend to adopt Resolution R-89-08, A RESOLUTION AUTHORIZING THE ADDITIONAL EXPENDITURE OF $50,572.59 IN MOTOR FUEL TAX FUNDS TO COMPLETE PAYMENT FOR THE CITY= S SHARE OF THE COST OF REPLACEMENT OF THE CITY= S 12-INCH WATER MAIN UNDER THE GOLF ROAD BRIDGE AND RELOCATING EMERGENCY VEHICLE PRE-EMPTION EQUIPMENT ALONG 58 (GOLF ROAD) OVER THE DES PLAINES RIVER, KNOWN AS STATE SECTION 583-B-BR, CITY MFT SECTION 02-00183-00-TL, STATE CONTRACT NO. 60162. Motion declared carried as approved unanimously under Consent Agenda.

LIQ. LIC./1143 LEE:

Consent Agenda

Moved by Brookman, seconded by Higgason, to concur with Staff recommendation to approve Change of Ownership for Class H-2 - Beer and Wine Only Bulk Sales Liquor Dealers License for property located at 1143 Lee Street, d/b/a White Hen Pantry #90-0104-6; contingent upon verification of background check. Motion declared carried as approved unanimously under Consent Agenda.

BID AWARD/DOWNTOWN LANDSCAPE MAINTENANCE:

Consent Agenda

Moved by Brookman, seconded by Higgason, to concur with Staff recommendation to award bid for Downtown Landscape Maintenance to the lowest bidder, ILT Vignocchi, 25865 W. Ivanhoe Road, Wauconda, IL 60084, in the total bid amount of $14,840/TIF District #1 Funds. Motion declared carried as approved unanimously under Consent Agenda.

ADVERTISING FOR BIDS:

Consent Agenda

Moved by Brookman, seconded by Higgason, to concur with Staff recommendation that the City Clerk be authorized to advertise for bids for 2008 CIP Rear Yard Drainage Improvements - Contract C, returnable by 3:00 p.m., August 7, 2008. Motion declared carried as approved unanimously under Consent Agenda.

ADVERTISING FOR BIDS/HANGING BACKETS:

Alderman Beauvais stated that she does not think silk flower hanging baskets will look very nice; she prefers real flowers.

Moved by Murphy, seconded by Argus, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Silk Flower Hanging Baskets, returnable by 3:00 p.m., Tuesday, August 5, 2008. Motion declared carried. Alderman Beauvais voted no.

ADVERTISING FOR BIDS

Consent Agenda

Moved by Brookman, seconded by Higgason, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Hazmat Trailer, returnable by 3:00 p.m., Wednesday, August 6, 2008. Motion declared carried as approved unanimously under Consent Agenda.

REAPPOINT.:

Consent Agenda

Moved by Brookman, seconded by Higgason, to approve Mayoral reappointment to the LIBRARY BOARD of Noreen Lake, term to expire June 30, 2011. Motion declared carried as approved under Consent Agenda.

ORDINANCE MC 23-08 FEMA FLOOD INSURANCE RATE MAPS:

Consent Agenda

Moved by Brookman, seconded by Higgason, to adopt Ordinance MC 23-08, AN ORDINANCE AMENDING TITLE 14, A FLOOD CONTROL,@ CHAPTER 1, A FLOOD CONTROL REGULATIONS@ OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE Z-17-08 VARIATION/1538 VAN BUREN:

Consent Agenda

Moved by Brookman, seconded by Higgason, to adopt Ordinance Z-17-08, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 7.24D OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A TWO-CAR PARKING STRUCTURE (DETACHED GARAGE) AT 1538 VAN BUREN STREET, DES PLAINES, ILLINOIS (CASE 08-10-V). 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 Higgason, seconded by Brookman, to recommend to the City Council approval of the July 21, 2008 - Warrant Register, in the total amount of $3,733,585.18, and further recommend that Resolution R-85-08 be adopted at appropriate time this evening. Motion declared carried.

COMMUNITY DEVELOPMENT - Alderman Murphy, Chair

ZONING CASE 08-19-CU CONDIT. USE/1353 LEE:

Alderman Murphy reviewed this request for a Conditional Use to permit a bank with a drive-thru facility in C-3 General Commercial District on property located at 1353 Lee Street (Aldi property); the Des Plaines Zoning

Board of Appeals recommended (5-0) that this request be approved; the Community Development Committee discussed the matter on May 30, 2008 but no recommendation was made; more information was requested.

Alderman Walsten stated that we have enough banks in this town; all we would get is property tax for this property; he will be voting no.

Alderman Brookman stated that she is opposed to the drive-thru feature of this bank; it will cause an additional safety hazard; she will be voting no.

Alderman Murphy stated that she takes exception to the traffic study done by KLOA; they did a study for this site in 2003 and their new study show no changes; this isn= t true because of new development just south of this site which isn= t even complete as yet. Director of Community & Economic Development Conlan said the study in 2003 was based on there being new development on the site in the future.

Alderman Murphy stated that she wants some additional information that the developer will put in a traffic light at Lee Street and Forest Avenue.

Alderman Beauvais stated that the developer doesn= t need our permission to put in the bank only the drive-thru feature; we have too many banks with drive-thrus; she will be voting against this because of the traffic hazard.

Mr. Joshua Eblen, GPD Group, 520 S. Main Street, Suite 2531, Akron, OH 44311, the project coordinator for this development, addressed the Committee of the Whole and described in detail the bank site and how the drive-thru would be situated.

Alderman Smith stated that we would have a traffic problem no matter who would build on this site.

Moved by Brookman, seconded by Beauvais, to recommend to the City Council to deny request for Conditional Use, re Zoning Case 08-19-CU, to permit a bank with a drive-thru operation in C-3 General Commercial District on property located at 1353 Lee Street and void Ordinance Z-19-08.

Alderman Murphy stated that the Engineering Department is looking at putting in a traffic light at this intersection.

Alderman Argus stated that no matter what business goes in there, there will still be a traffic problem.

Moved by Murphy, seconded by Higgason, to adopt a substitute motion to recommend to the City Council to POSTPONE the request for a Conditional Use, re Zoning Case 08-19-CU, to permit a bank with a drive-thru operation on property located at 1353 Lee Street and Ordinance Z-19-08, until community meetings are held and more information is received from City Staff and IDOT, i.e. traffic issue. MOTION DECLARED FAILED (Aldermen Moylan, Murphy, Higgason, Brookman voted yes; Aldermen Beauvais, Walsten, Smith, Argus voted no - a tie vote is a failed vote).

Moved by Murphy, seconded by Brookman, to call for the question on the original motion. Motion declared carried (Aldermen Higgason, Smith, Argus voted no).

Upon roll call on the motion to deny, the vote was:

AYES: 4-Beauvais, Moylan, Brookman, Walsten

NAYS: 4-Murphy, Higgason, Smith, Argus

ABSENT: 0-None

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

Moved by Smith, seconded by Argus, to concur with Staff recommendation and recommend to the City Council, re Zoning Case 08-19-CU, to grant request for Conditional Use to permit a bank with a drive-thru operation in C-3 General Commercial District on property located at 1353 Lee Street and Ordinance Z-19-08 be placed on First Reading at appropriate time this evening. Upon roll call, the vote was:

AYES: 3-Higgason, Smith, Argus

NAYS: 5-Beauvais, Moylan, Murphy, Brookman, Walsten

ABSENT: 0-None

MOTION DECLARED FAILED.

Moved by Murphy, seconded by Brookman, to recommend to the City Council to TABLE Zoning Case 08-19-CU re request for Conditional Use to permit a bank with a drive-thru operation in C-3 General Commercial District on property located at 1353 Lee Street and Ordinance Z-19-08. Upon roll call, the vote was:

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

NAYS: 3-Beauvais, Smith, Argus

ABSENT: 0-None

Motion declared carried.

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

WARRANT REGISTER:

Resolution R-88-08

Moved by Smith, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-88-08, 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: $3,733,585.18. Upon roll call, the vote was:

AYES: 7-Beauvais, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 1-Moylan

Motion declared carried.

ZONING CASE 08-19-CU CONDIT. USE/1353 LEE:

Ordinance Z-19-08

Moved by Murphy, seconded by Brookman, to concur with recommendation of Committee of the Whole to TABLE Zoning Case 08-19-CU re request for Conditional Use to permit a bank with a drive-thru operation in C-3 General Commercial District on property located at 1353 Lee Street and Ordinance Z-19-08. Upon roll call, the vote was:

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

MAYS: 3-Beauvais, Smith, Argus

ABSENT: 1-Moylan

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 8:35 p.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2008

Anthony W. Arredia, MAYOR

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