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, AUGUST 4, 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 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 4, 2008.

ROLL CALL: Roll call indicated the following aldermen present: Moylan, Murphy, Higgason, Walsten, Smith, Argus. Aldermen Beauvais and Brookman were absent. Alderman Beauvais arrived in Executive Session at 6:05 p.m. Alderman Brookman arrived in Executive Session at 6:08 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, Assistant City Attorney Bartel and City Attorney Wiltse.

EXECUTIVE SESSION:

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

AYES: 6-Moylan, Murphy, Higgason,

Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 2-Beauvais, Brookman

Motion declared carried.

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

The City Council reconvened at 7:02 p.m.

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

PRAYER:

The opening prayer was given by Reverend Steve Godfrey, St. Martin Episcopal Church, followed by the Pledge of Allegiance to the Flag.

PUBLIC HEARING/CDBG ANNUAL ACTION PLAN:

CALL TO ORDER:

Mayor Arredia called the Public Hearing to order at 7:05 p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the City= s 2008-09 Community Development Block Grant Action Plan for Program Year October 1, 2008 to September 30, 2009, for which the City is eligible to receive $331,922 in Federal CDBG Funds from the U.S. Department of Housing & Urban Development (HUD).

DISCUSSION:

Director of Community & Economic Development Conlan gave a brief overview.

There were comments from the aldermen; there were none from the public. Final action on this matter under Items 7 and 7a on the Consent Agenda this evening.

The Public Hearing was adjourned at 7:07 p.m.

PUBLIC HEARING/AMENDMENT 2007 CDBG ACTION PLAN:

CALL TO ORDER:

Mayor Arredia called the Public Hearing to order at 7:08 p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the proposed amendment to the 2007 Community Development Block Grant Action Plan to use unused funds in the amount of $30,000 to purchase fire protection equipment based upon the low competitive bid received.

DISCUSSION:

Director of Community & Economic Development Conlan gave a brief overview.

Comments were received from the aldermen; none were received from the public. Final action on this matter under Items 8 and 8a on the Consent Agenda this evening.

The Public Hearing was adjourned at 7:10 p.m.

CITIZEN PARTICIPA.:

Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating how impressed he was with the way the Police Department handled the traffic during the recent repairs to the railroad crossings downtown; Police Chief Prandini and Deputy Police Chief Burton were both out there directing traffic themselves; they told him that they were doing that to save the City money; they should both be commended.

Mr. John Graziadei, 1050 Wicke Avenue, addressed the City Council asking that something be done about the tall weeds growing around the empty bank at Lee Street and Forest Avenue; it looks awful.

Mr. Larry Arkus, representing Julia and Chester Arkus who live at 2286 Cedar Street, addressed the City Council asking that money be found to repair the curbs on Cedar Street; that street is becoming a thoroughfare and is in need of repair.

ACQUISITION OF REAL PROPERTY/ TIF #1:

Moved by Murphy, seconded by Brookman, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding acquisition of property in TIF District #1 with final action, if any, taken in open session at a future City Council meeting. Motion declared carried.

ARCHITECTURAL SERVICES/FIRE STA. #4 CENTRAL ROAD:

Moved by Brookman, seconded by Murphy, to POSTPONE until September 2, 2008, discussion on selection of Architectural Services for Fire Station #4, 877 E. Central Road, and Resolution R-96-08. Motion declared carried. Aldermen Beauvais and Higgason voted no.

CONSENT AGENDA:

Alderman Murphy requested that Items 5 and 5a be removed from the Consent Agenda.

Moved by Argus, seconded by Higgason, to establish a Consent Agenda except for Items 5 and 5a. Motion declared carried.

Moved by Beauvais, seconded by Smith, 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; Ordinance MC 24-08 was adopted; Ordinances MC 25-08 and MC 26-08 were placed on First Reading and Resolutions R-90-08, R-91-08, R-92-08, R-93-08 and R-94-08 were adopted.

MINUTES:

Consent Agenda

Moved by Beauvais, seconded by Smith, to approve minutes of the regular meeting of the City Council held July 21, 2008, as published. Motion declared carried as approved unanimously under Consent Agenda.

Moved by Beauvais, seconded by Smith, to approve minutes of the Executive Session of the regular meeting of the City Council held July 21, 2008. Motion declared carried as approved unanimously under Consent Agenda.

LIQ. LIC./1916 MANNHEIM:

Consent Agenda

Ordinance M-25-08

Moved by Beauvais, seconded by Smith, 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 1916 Mannheim Road, d/b/a Taqueria Tepa; contingent upon verification of background check; and further recommend to place on First Reading Ordinance MC 25-08, 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 TAQUERIA TEPA, INC., D/B/A TAQUERIA TEPA AT 1916 MANNHEIM ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

LIQUOR LICENSE UPDATE:

Consent Agenda

Ordinance M-26-08

Moved by Beauvais, seconded by Smith, to concur with Staff recommendation to amend Title 4, Chapter 4 - A Intoxicating Liquors,@ Section 4-4-5:A. of the City Code to delete four (4) Class A - Tavern Liquor Dealers Licenses (Crab & Things, 1249 S. Elmhurst Road; David= s Bistro, 623 N. Wolf Road; Delicias, 1261 E. Algonquin Road; Little Amsterdam, 686 Lee Street); delete one (1) Class F - Restaurant, Beer Only License (Juanitas, 1285 S. Elmhurst Road); and delete one (1) Class H-2 - Bulk Sale, Beer and Wine Only License (Convenient Korner, 611 W. Golf Road) - (ALL ESTABLISHMENTS OUT OF BUSINESS); and further recommend to place on First Reading Ordinance MC 26-08, 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. Motion declared carried as approved unanimously under Consent Agenda.

ZONING CASE 08-25-CU CONDIT. USE/946 THACKER:

Ordinance Z-20-08

Moved by Murphy, seconded by Argus, to POSTPONE until August 18, 2008, discussion re Zoning Case 08-25-CU for a Conditional Use to permit expansion of an existing house of worship on property located at 946 Thacker Street and Ordinance Z-20-08. Motion declared carried.

FINAL PLAT & VARIATION/UNGARO= S SUB. FOREST & JEANNETTE:

Consent Agenda

Resolution R-90-08

Moved by Beauvais, seconded by Smith, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat and Subdivision Regulations Variance (to permit a lot depth of 108' instead of the required 125') for Ungaro= s Subdivision, southeast corner of Forest Avenue and Jeannette Street; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-90-08, A RESOLUTION APPROVING THE FINAL PLAT FOR UNGARO= S SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF FOREST AVENUE AND JEANNETTE STREET. Motion declared carried as approved unanimously under Consent Agenda.

2008-2009 COMM. DEVEL. BLOCK GRANT ACTION PLAN:

Consent Agenda

Resolution R-91-08

Moved by Beauvais, seconded by Smith, to concur with Staff recommendation to approve City= s Community Development Block Grant (CDBG) Action Plan for program year October 1, 2008 to September 30, 2009, as presented at a Public Hearing held August 4, 2008; authorize Mayor and City Clerk to execute and submit all required documents to the U.S. Department of Housing and Urban Development (HUD); and further recommend to adopt Resolution R-91-08, A RESOLUTION APPROVING THE CITY OF DES PLAINES 2008-09 ANNUAL ACTION PLAN. Motion declared carried as approved unanimously under Consent Agenda.

2007 CDBG ACTION PLAN AMENDMENT/PURCHASE OF FIRE EQUIP.@

Consent Agenda

Resolution R-92-08

Moved by Beauvais, seconded by Smith, to concur with Staff recommendation to approve amendment to the 2007 Community Development Block Grant (CDBG) Annual Action Plan to use unused funds in the amount of $30,000 to purchase fire protection equipment based upon the low competitive bid received; and further recommend to adopt Resolution R-92-08, A RESOLUTION APPROVING AMENDMENTS TO THE CITY OF DES PLAINES 2007-08 ANNUAL ACTION PLAN. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASING OF SOFTWARE LICENSING:

Consent Agenda

Resolution R-93-08

Moved by Beauvais, seconded by Smith, to concur with Staff recommendation to authorize purchase of licenses from ASAP Software, Inc., 850 Asbury Drive, Buffalo Grove, IL 60089, for permission to use copies of City-owned software (Novell GroupWise, Novell Zenworks, Novell Open Enterprise Server-File Service) through June 30, 2009, in the amount of $18,779.82/Budgeted Funds; and further recommend to adopt Resolution R-93-08, A RESOLUTION AUTHORIZING THE EXPENDITURE OF $18,779.82 FOR MAINTENANCE AND THE EXTENSION OF SOFTWARE LICENSING THROUGH JUNE 30, 2009, AS REQUIRED FOR THE CITY= S CONTINUED UTILIZATION OF NOVELL= S PRODUCTS AND SERVICES BY AUTHORIZED RESELLER ASAP SOFTWARE. Motion declared carried as approved unanimously under Consent Agenda.

BID AWARD/DOWNTOWN BANNER REPLACEMENT:

Consent Agenda

Resolution R-94-08

Moved by Beauvais, seconded by Smith, to concur with Staff recommendation to award bid for Downtown Banner Replacement to the second lowest bidder, Temple Display, Ltd., 114-C Kirkland Centre, Oswego, IL 60543, in the total bid amount of $37,162.60/TIF District #1 Funds (lowest bidder took exceptions to bid specifications); and further recommend to adopt Resolution R-94-08, A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE SECOND-LOWEST RESPONSIBLE BID OFFER FOR THE ACQUISITION AND INSTALLATION OF REPLACEMENT BANNERS THROUGHOUT DOWNTOWN DES PLAINES AT A COST OF $37,162.60. Motion declared carried as approved unanimously under Consent Agenda.

REJECT BID & READVERTISE./SIDEWALK-CURB SWEEPER:

Consent Agenda

Moved by Beauvais, seconded by Smith, to concur with Staff recommendation to reject single bid received for Rider Sidewalk Sweeper because bid specifications were too narrow in scope; Staff be authorized to modify the specifications and City Clerk be authorized to advertise for bids for a Rider Sidewalk/Curb Sweeper, returnable by 3:00 p.m., Tuesday, August 19, 2008. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE MC 24-08 LIQ. LIC./967-1/2 ELMHURST:

Consent Agenda

Moved by Beauvais, seconded by Smith, to adopt 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 1/2 S. ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

REAPPOINT.:

Presented for consideration (no action required) was the Mayor= s reappointments as follows:

CONSUMER PROTECTION COMMISSION - James Albrecht

POLICE PENSION BOARD - Robert Muehlenbeck

(final action on these matters under Consent Agenda on August 18, 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 Beauvais, seconded by Brookman, to recommend to the City Council approval of the August 4, 2008 - Warrant Register, in the total amount of $2,263,777.13, and further recommend that Resolution R-97-08 be adopted at appropriate time this evening. Motion declared carried.

PUBLIC WORKS - Alderman Argus, Chair

AGREEMENT/LAWN MOWING LOCATIONS ON IDOT R-0-W:

Director of Public Works Dusckett gave a brief PowerPoint presentation regarding the proposed agreement with Illinois Department of Transportation (IDOT) to permit the City to lawn mow and weed spray on certain IDOT rights-of-way for a two (2) year period at which time the agreement would be reviewed for possible renewal; there would be no reimbursement by IDOT for manpower or equipment.

Moved by Brookman, seconded by Walsten, to concur with

Staff recommendation and recommend to the City Council that City Manager and City Clerk be authorized to execute a two (2)-year agreement with Illinois Department of Transportation (IDOT), 201 W. Center Court, Schaumburg, IL 60196, until November 2010, to permit the City to lawn mow and weed spray on certain State rights-of-way:

Algonquin Road - from Mt. Prospect Road to Elmhurst Road;

Central Road - from Wolf Road to Canadian National Railway Tracks;

Golf Road - from Rand Road to Elmhurst Road

Rand Road - from Graceland Avenue to Central Road

Elmhurst Road - from Oakton Street to Golf Road

and Resolution R-95-08 be adopted at appropriate time this evening. Motion declared carried.

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

WARRANT REGISTER:

Resolution R-97-08

Moved by Smith, seconded by Beauvais, to concur with recommendation of Committee of the Whole to adopt Resolution R-97-08, 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: $2,263,777.13. 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.

AGREEMENT/LAWN MOWING LOCATIONS ON IDOT R-0-W:

Resolution R-95-08

Moved by Argus, seconded by Brookman, to concur with recommendation of Committee of the Whole that City Manager and City Clerk be authorized to execute a two (2)-year agreement with Illinois Department of Transportation (IDOT), 201 W. Center Court, Schaumburg, IL 60196, until November 2010, to permit the City to lawn mow and weed spray on certain State rights-of-way:

Algonquin Road- from Mt. Prospect Road to Elmhurst Road;

Central Road - from Wolf Road to Canadian National Railway Tracks;

Golf Road - from Rand Road to Elmhurst Road

Rand Road - from Graceland Avenue to Central Road

Elmhurst Road - from Oakton Street to Golf Road

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.

PETITIONS/1900-2000 PINE ST.:

Mayor Arredia referred petitions received in the City Clerk= s Office on July 24, 2008 in opposition to the proposed zoning change from R-1 Single Family Residential District to R-2 Two-Family Residential District for the 1900-2000 block of Pine Street, to Staff for review and report.

ADJOURNMENT:

Moved by Beauvais, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:00 p.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2008

Anthony W. Arredia, MAYOR

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