11-19-2007065
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 pres e nt were: Acting City Manager Baj or, Director of Finance
Simpson, As sistant 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:
PRAYER:
CITIZEN
PARTICIPA. :
Moved by Murphy , seconded by Higgason, to go i nto
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 c arried.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:00 p.m.
Roll call indicated the
Beauvais, Moylan, Murphy,
Smith, Argus.
following aldermen
Higgason, Brookman,
present:
Walsten,
The opening prayer was given by
Farooqui, Islamic Community Center,
Pledge of Allegiance t o the Flag.
President Ghulam
followed by the
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 7:3 0 p.m., we should do
that too.
Mr. Brian Burkross, 2133 Webster Lane, addressed the City
Council wishing everyone a Happy Thanksgiving; he i s
making a plea that the aldermen examine the budget on
December 3rct 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 t o the consumers and
residents; also l ook at the expenditures and try to get
them down; you have the option t o 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 -altho ugh it could be since
the letter was anonymous; there is too much finger
pointing.
REPORT/
PROPERTY TAX
REVENUE VS.
PROPOSED TAX
INCREASES
REVENUE:
ACQUISITION
OF REAL
PROPERTY/
1486 MINER:
'F3St>,o Ob
Vm
,)7Jt>ll
AMEND AGENDA/
ZONING CASE
07-76-CU
CONDIT. USE/
1255 LEE:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
PUBLIC
IMPROVEMENTS/
694 JARVIS &
2175 DOUGLAS:
Consent
Agenda
Resolution
R-150-07
PUBLIC
IMPROVEMENTS/
2150 & 2160
DOUGLAS:
Consent
Agenda
Resolution
R-151-07
PAGE TWO
066
11/19/07
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.
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
$33°, 889/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.
Moved by Murphy,
agenda to take up
Conditional Use
Committee of the
declared carried.
seconded by Higgason, to amend the
the matter of Zoning Case 07-76-CU, a
for 1255 Lee Street, first under
Whole later in the meeting. Motion
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, Mo y lan, 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
M-69-07 was adopted; and Resolutions R-150-07 and R-151-
07 were adopted.
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.
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.
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 t o adopt Resolution R-
151-07, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS
FOR HAJDICH'S THIRD SUBDIVISION LO CATED AT 2150 AND 2160
DOUGLAS AVENUE, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda~
CONTINUED
MEMBERSHIP/
HIGH-LEVEL
EXCESS
LIABILITY
POOL (HELP) :
Resolution
R-152-07
ORDINANCE
M-67-07
SIDEWALK
SNOW AND ICE
REMOVAL:
PAGE THREE
067
11 /19/07
Moved by Walsten, seconded by Smith, to concur with
Staff recommendation to authorize City to retain
membership in the High Level Excess Liability Pool
(He lp) FOR AN ADD ITIONAL TEN (10 )-YEAR PERIOD BEGINNING
May 1, 2008 and en d ing April 30, 2018 (last approved by
the City Council on May 19, 1997 -Ordinance M-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,
Brookma n, Walsten, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
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 busine ss community; she is
t o tally against this; she will be v oting 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
no t only vague it is unnecessary; the compliance costs
are too burdensome; he urged the aldermen to return this
ma tter to commi t tee for furthe r review and public
h earings so that c itizens ma y voice their concerns.
Mr. Brian Burkro ss, 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; ma ybe the City could f o rm a partnership with
Ma ine West High School to have t he students do some
c ommunity service b y shoveling snow .
Mr s. Mary Rohde, 1718 Webster Lane , addressed the City
Co uncil stating that she agrees with the tiered level;
we help each o ther on her street; the problem is on
Oakton Street; the sidewalks are never cleaned; she has
app roached s ome of the businesses, but none of them are
the owners; they s a y they are not r esponsible.
Alderman Higgason stated that ma y be we could at the
fines again o r not include seni or citizens. City
Attorney Wiltse stated the City would look at each case
and use discretio n; we already h ave this ordinance on
the books; we are just making it mo re clear.
Mrs. Barbara Van Slambrouck, 28 6 Stratford Road,
addressed the City Council stating maybe this ordinance
should go back and be re-written; it should have better
standards; ma ybe the 24 hour time limit is too short;
ma ybe it should be 36 hours.
Mr . Wa yne Serbin, 83 5 Pearson Stree t, addressed the City
Council stating that he brought this up two (2 ) years
ago ; he is gl ad the City is finally go ing to do
s omething about this.
Moved by Brookman, seconded by Smith, Second Reading of
Ordinance M-67-0 7 ., AN ORDINANCE AMENDING TITLE 8,
"PUBLIC WAYS AND PROPERTY. fl CHAPTER 1, "STREETS AND
SIDEWALKS, fl SE CTION 2 , "REPAIR OF S IDEWALKS, fl OF THE DES
PLAINES CITY CODE b e referred back t o committee f o r
further review. Motion declared carried. Aldermen
Moylan, Higgason and Walsten voted no.
ORDINANCE
M-69-07
PROHIBIT
POTABLE
GROUNDWATER/
1605 RIVER:
Consent
Agenda
ZONING CASE
07-76-CU
CONDIT. USE/
1255 LEE:
WARRANT
REGISTER:
PAGE FOUR
068
11/19/07
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
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 07-7 6-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
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 Reso lution R-153-07 be
adopted at appropriate time this evening. Motion
declared carried.
2007 PROPERTY
TAX LEVY
NOTICE:
DEBT SERVICE
SHORT TERM
BORROWING:
REFERENDUM/
REAL ESTATE
TRANSFER
TAX:
PAGE FIVE
069
11/1 9 /07
Acting Director o f Finance Simpson stated that each year
the City is required to provide notice and conduct a
public hearing if the proposed a g gregate property tax
levy is 5 % or mor e than the previou s year's property tax
e x tension; even t hough 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 bv Movlan, secodned by Smith, to concur with Staff
recommendation and recommend to the City Council that a
public hearing b e held December 3 , 2007 to notify the
public that the City intends to cons ider a 2007 Property
Tax Levy of 4.26 % o r $25,421,968; a nd Resolution R-154-
07 be adopted at appropriate time t his evening.
Alderman Murphy s tated that this is just a requirement ,
but you could vote no on the ~big p icture."
Alderman Brookman stated that she will be voting no.
Alderman Argus s t ated that she wi l l also be voting no;
we should have made some cuts.
Motion declared carried. Aldermen Murphy, Brookman and
Argus voted no.
Acting Director o f Finance Simpso n stated that due to
the State delay in their budget process concerning
property tax relief and the extension of Cook County
second installmen t of property taxe s, the City will need
to borrow up to $5 .5 million for sho rt term financing to
cover cash flow for debt payments d ue December 1, 2007.
Acting Director Simpson stated that letters of interest
were requested f rom banks; three ( 3) banks responded;
First Bank provided the best taxabl e rate of 5.25% which
would be drawn upon with option t o prepay with no fee or
penalty; First Bank is the primary bank of the City.
Moved by Broo kman , seconded by Ar gus, to concur with
Staff recommendation and recommend to the City Council
that Acting Dire ctor of Finance b e authorized to borrow
an amount not-to -e xceed $5,500,0 00 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 p enalty; and Ordinance M-70-07 be placed
on First Reading at appropriate time this evening .
Motion declared carried.
Assistant Director o f Finance Wisniewski stated that the
City currently charges $2 per $1,0 00 of property value
relating to the Real Estate Trans f er Tax; this tax is
only imposed on re sidents who deci d e to move out of the
City ; should the seller purchase property within the
City , a refund of this transfer t ax is provided.
Moved by Brookman, seconded by Argus, to NOT place a
referendum on t he February 5, 2008 Primary Election
ballot asking the v oters to conside r establishing a new
Real Estate Trans fer Tax of $3 p e r $1,000 of property
v alue to be paid by the seller; and Resolution R-155-07
be VOIDED.
Mrs. Barbara Van Slambrouck, 28 6 Stratford Road,
addre ssed the Committee of the Whole stating that she
would like t o s ee a c hart of what o ther communities are
do ing ; what taxe s do they have; this could impact senior
c itizens. Acting City Manager Ba j or said there is a
chart on the Ci ty 's web site.
Mr. Wayne Serbin , 8 35 Pearson Street, addressed the
Committee of the Whole asking if t h is would be a binding
referendum. Alderman Smith said yes. Mr. Serbin stated
that this would be p oor public r e lations if you don't
have a referendum; people might g et angry. ~
REAL ESTATE
(Cont'd.)
POSITION
RECLASSIFIC./
PUBLIC WORKS
DEPARTMENT:
Ordinance
M-66-07
WARRANT
REGISTER:
Resolution
R-153-07
2007
PROPERTY
TAX LEVY
NOTICE:
Resolution
R-154-07
DEBT SERVICE
SHORT TERM
BORROWING:
Ordinance
M-70-07
PAGE SIX
Upon roll call, the vote was:
AYES: 5-Moylan, Brookman, Walst en,
Smith, Argus
NAYS: 3-Beauvais, Murphy, Higgas o n,
ABSENT: 0-None
Motion declared carried.
U/U
11/19/07
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Beauvais, seconded by Higgason, to concur with
Staff recommendation to amend Title 1, Chapter 8
"Position Classification and Compensation Plan," Section
4A., Schedule V-A, of the City Code to delete
class i f i cation o f Environmental Services Coordinator,
and amend Schedule VII to add classification of
Assistant to the Director of Public Works with a salary
range of $ 55, 32 3 -Minimum, $ 62, 53 9 -Midpoint and
$ 71, 919 -Maximum; and further recommend to place on
First Reading Ordinance M-66-07, AN ORDINANCE AMENDING
TITLE 1, "ADMINISTRATIVE," CHAPTER 8, "POSITION
CLASSIFICATION AND COMPENSATION PLAN," BY RECLASSIFYING
"ENVIRONMENTAL SERVICES COORDINAT OR" TO "ASSISTANT TO
THE DIRECTOR OF PUBLIC WORKS" AND AMENDING SCHEDULE V-A,
"TECHNICAL, ENGINEERING AND INSPECTION PERSONNEL
UNION," AND SCHEDULE VII, "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).
Moved by Smith, seconded by Brookman, to concur with
recommendation of Committee of t he Whole to adopt
Resolution R-153-07 , BE IT RESOLVE D 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 AUTH ORIZED 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.
Moved by Smith, seconded by Higga son, to concur with
recommendation o f 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 Resoluti on R-154-07, A RE SO LUTION OF THE CITY
COUNCIL TO NOTIFY THE PUBLIC THAT IT INTENDS TO HAVE A
2007 PROPERTY TAX LEVY. Upon rol c all, the vote was:
AYES: 5-Beauvais , Moylan, Higgason,
Walsten , Smith
NAYS: 3-Murphy, Brookman, Argus
ABSENT: 0-None
Motion declared carried.
Moved by Smith, seconded by Arg us, to concur with
recommendation of Committee of t he Whole that Acting
Director of Financ e 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; s aid sums to be borrowed at a fixed
interest rate of 5 .25% with an option to prepay with no
fee or penalty; and further recomme nd to place on First
Reading Ordinance M-70-07. Motion declared carried.
DEBT SERVICE
(Cont'd.)
REFERENDUM/
REAL ESTATE
TRANSFER
TAX:
Resolution
R-155-07
ZONING CASE
07-76-CU
CONDIT. USE/
1255 LEE:
Ordinance
Z-28-07
ADJOURNMENT:
APPROVED
DAY
PAGE SEVEN
071
11/19/07
Moved by Smith, seconded by Broo kman, to advance to
Second Reading and adopt Ordinance M-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 $5,500,00 0 . Upon roll cal l , the vote was:
AYES: 8-Beauvais, Moylan, Murphy , Higgason,
Brookman , Walsten, Smith , Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Smith, s econded by Brookman, to concur with
recommendation of Committee of the Whole to NOT place a
referendum on the February 5, 20 08 Primary Election
ballot asking the voters to consider establishing a new
Real Estate Trans fer Tax of $3 p er $1,000 of property
value to be paid by the seller; a nd Resolution R-155-07
be VOIDED. Upon ro ll call, the v ote was:
AYES: 5-Moylan, Brookman, Smith, Argus, Arredia
NAYS: 4-Beauvai s , Murphy, Higgason, Walsten
ABSENT: 0-None
Motion declared carried.
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 Co nditional Use, with
conditions, to permit a used motor vehicle sales
business in C-3 Ge neral Commercia l District on property
located at 1255 Lee Street; and further recommend to
place on First Reading Ordinanc e 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 COND ITIONAL USE PERM IT IN ACCORDANCE WITH
SECTION 7.3-6 C. OF THE DES PLAINES ZONING ORDINANCE TO
ALLOW A USED MOT OR VEHICLE SALES BUSINESS AT 1255 LEE
STREET, DES PLAINES, ILLINOIS. Up o n roll call, the vote
was:
AYES: 7-Beauvais, Moylan, Murphy , Higgason,
Brookman, Smith, Argus
NAYS: 1-Walsten
ABSENT: 0-None
Motion declared c arrie d.
Moved by Brookman , seconded b y Beauvais, that the
regular meeting o f the City Council adjourn. Motion
declared carried. Meeting adjourned at 9:08 p.m.
CLERK
Anthony W. Arredia, MAYOR