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07-07-2008190 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 7, 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 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, July 7, 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 at 7:00 p.m. Also present were: City Manager Baj or, Acting 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 and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER: RECOGNITION: CITIZEN PARTICIPA. : Moved by Murphy, seconded by Argus, to go into Executive Session to discuss biannual review of Executive Session minutes. 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 6:31 p.m. The City Council reconvened at 7:00 p.m. Roll call Beauvais, Argus. indicated the following aldermen present: Moylan, Murphy, Higgason, Walsten, Smith, The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Fire Chief Jaeger recognized the award Firefighter /Paramedic Scott Korona received from the Park Ridge Veterans of Foreign Wars Post #3579 as the "Outstanding Firefighter/Paramedic of the Year;" the award was presented on June 28, 2008 at the 87th Annual Convention of Veterans of Foreign Wars of the United States, held in Springfield, Illinois. Mayor Arredia introduced Mary Dankowski, Chairman of the Des Plaines Youth Commission, who presented plaques of appreciation to three (3) graduating seniors from Maine West High School: Michelle Fuoco, Esmeralda Hernandez and Karen Fernandez, who have been instrumental in planning and implementing activities for both teens and families of Des Plaines. Mr. Steve Schaefer, 835 Pearson Street, addressed the City Council encouraging everyone to attend a special exhibit at the Des Plaines Library on Friday, July 11, 2008 at 10:00 a.m. -"Portrait of a Soldier" which will honor all the fallen Illinois servicemen and women who served in Iraq since September 11, 2001; the event is being hosted by State Senator Dan Kotowski with special guest, Lt. Governor Pat Quinn. Mr. Schaefer also stated that the parade on July 4th was great, but we need more music; perhaps we could raise money to pay for more bands. CITIZEN (Cont'd.) EXECUTIVE SESSION MINUTES/ BIANNUAL REVIEW: 191 7/7/08 PAGE TWO Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that the Police Department used to have a Bike Patrol to watch over bikers; he has seen some very dangerous bike riding; someone could get killed; we should bring back the Bike Patrol. Police Chief Pandini said there is still a Bike Patrol but they have a large area of responsibilities. Mr. John Milstead, 2515 Church Street, addressed the City Council stating that he would like to thank the Public Works Department for restoring the parkways from the damage last summer; he, too, has seen problems with bike riders -no headlights, riding on the wrong side of the road. Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and read a statement (in City Council folder) asking that the City not purchase any property in the five (5) corners TIF District #4 area; a final plan has not been approved and a developer has yet to been identified. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council thanking the organizers of the July 4th parade for a good event; he attended the funeral for the slain Police Officer Richard Francis today; the ceremony was very impressive;. our law enforcement people get a bad rap; the press should be dwelling on the positive, not the negative; thank the next police officer you see f or his/her service. Moved by Smith, seconded by Murphy, to concur with consensus in Executive Session that the following Executive Session minutes, or portions thereof, no longer require confidential treatment and are available for public inspection as recommended by City Attorney Wiltse in his memo of June 25, 2008: August 6, 2001 -PERSONNEL Hiring of City Manager August 20, 2001 -PERSONNEL March 4, 2002 October 21, 2002 November 4, 2002 December 16, 2002 May 19, 2003 June 2, 2003 December 3, 2003 December 15, 2003 April 15, 2004 August 16, 2004 September 19, 2005 November 21, 2005 January 16, 2007 July 16, 2007 Hiring of City Manager -COLLECTIVE BARGAINING MAP Chapter 282 (E-911) Labor Relations Update -PERSONNEL -City Manager -PERSONNEL -City Manager -COLLECTIVE BARGAINING Police re Petition for Represen. -PERSONNEL -(Session One) PERSONNEL -City Manager -(Session Two) PERSONNEL -City Manager -PERSONNEL Hiring of City Manager -COLLECTIVE BARGAINING 2004 Negotiations -PERSONNEL Senior Mgmt. Compensation Proposal -COLLECTIVE BARGAINING Fire Department Update/Labor Negotiations -COLLECTIVE BARGAINING 2004-2007 MECCA Agreement -PENDING LITIGATION Infrastructure Maintenance Fee -PENDING LITIGATION Infrastructure Maintenance Fee -EXECUTIVE SESSION MINUTES Biannual Review -EXECUTIVE SESSION MINUTES Biannual Review The Executive Session minutes for these evidence at this meeting for review by meetings were in the aldermen. t MINUTES (Cont'd.) CONSENT AGENDA: MINUTES: Consent Agenda ZONING CASE 08-10-V VARIATION/ 1538 VAN BUREN: Consent Agenda Ordinance Z-17-08 AMEND EXHIBIT C, REDEVEL. AGREEMENT/ HNI 2811-2845 MANNHEIM: Consent Agenda Resolution R-86-08 PAGE THREE 192 7/7 /08 It was also the consensus of the aldermen that the need for confidentiality still exists as to all or part of the remaining minutes. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Murphy, Consent Agenda. seconded by Beauvais, to establish a Motion declared carried. Moved by Higgason, seconded by Beauvais, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinance Z- 17-08 was placed on First Reading; and Resolutions R-8 6- 08 and R-87-08 were adopted. Moved by Higgason, seconded by Beauvais, to approve minutes of the Special meeting of the City Council held June 9, 2008, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to approve minutes of the Executive Session of the Special meeting of the City Council held June 9, 2008. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to approve minutes of the regular meeting of the City Council held June 16, 2008, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to approve minutes of the Executive Session of the regular meeting of the City Council held June 16, 2008. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 08-10-V, to grant request for Variation to permit construction of a new 22' x 24' two-car detached garage with a lot coverage of 41% instead of the maximum lot coverage of 30 % in R-1 Single Family Residential District on property located at 1538 Van Buren Street; and further recommend to place on First Reading Ordinance Z-17-08, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 7.2-4D 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. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation to amend "Tax-Exempt Note Series 200" -Exhibit C of Redevelopment Agreement with HNI, LLC (MHRT), 4104 N. Harlem Avenue, Norridge, IL 60706, f o r the development and construction of two (2) hotels at 2811-2845 S. Mannheim Road -TIF District #6 (southeast corner of Mannheim Road and Pratt Avenue), approved by the City Council on February 4, 2008 -Resolution R-14- 08, to add the reference to the amortization schedule and add the amortization schedule to the Note (this language is within the original intent of the parties and may be needed by the developers to market their Note) ; and further recommend to adopt Resolution R-86-08, A RESOLUTION AUTHORIZING AN AMENDMENT TO THE HOTEL TAX & TAX INCREMENT ALLOCATION REVENUE NOTE FOR TIF #6 SOUTH. Motion declared carried as approved unanimously under Consent Agenda. GRANT AGREEMENT/ IDNR D.P. RIVER- WALK TRAIL: Consent Agenda Resolution R-87-08 LIQ. LIC./ 1396 OAKTON: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda APPOINTMENT/ REAPPOINT. : Consent Agenda WARRANT REGISTER: NEW FEMA FLOOD INSURANCE RATE MAPS: PAGE FOUR 193 7/7/08 Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Project Agreement" with Illinois Department of Natural Resources, One Natural Resources Way, Springfield, IL 62702, for a Recreational Trails Program Grant #08-53, in the amount of $149,745 with the City matching a 20% amount of $37, 437/Capital Improvement Funds, for improvements to the Des Plaines Riverwalk Trail; and further recommend to adopt Resolution R-87-08, A RESOLUTION APPROVING THE EXECUTION OF A PROJECT AGREEMENT REQUIRED TO SECURE A RECREATIONAL TRAILS PROGRAM GRANT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation to approve Change of Ownership for Class A -Tavern Liquors Dealers License for property located at 1396 Oakton Street, d/b/a Romano's; contingent upon verification background check. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation that the City Clerk be authorized to advertise for bids for Downtown Banner Replacement, returnable by 3:00 p.m., Tuesday, July 22, 2008. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to approve Mayoral appointment/reappointments as follows: Appointment: LIBRARY BOARD Jeffery A. Rozovics, term to expire June 30, 2009 Reappointments: LIBRARY BOARD Elaine Tejcek, term to expire June 30, 2011 BOARD OF FIRE & POLICE COMMISSIONERS Arthur Lukowicz, term to expire April 30, 2011 Motion declared carried and 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 Moved by Beauvais, seconded by Murphy, to recommend to the City Council approval of the July 7, 2008 -Warrant Register, in the total amount of $3,176,254.04, and further recommend that Resolution R-85-08 be adopted at appropriate time this evening. Motion declared carried. ENGINEERING -Alderman Walsten, Chair Alderman Walsten stated that FEMA has prepared new Flood Insurance Rate Maps for Cook County; each community within Cook County is required to adopt the new maps by ordinance by August 19, 2008 in order to remain a participant in the National Flood Insurance Program. Director of Engineering Oakley made a PowerPoint presentation of the nine (9) separate maps and explained the changes that have been made since the current maps were done in 2000; although the ground elevation information is improved, the 100-year (1 % probability) flood elevation remains unchanged from the 2000 maps; overall, the new maps result in a reduction in the regulatory floodplain area within the City; residents will be notified of any changes that will affect them.~ FEMA MAPS (Cont'd.) AMENDMENT/ LOCALIZED SIGN ORDINANCE: WARRANT REGISTER: Resolution R-85-08 PAGE FIVE 194 7/7/08 Moved by Murphy, seconded by Higgason, to concur with Staff recommendation and recommend to the City Council that the August 19, 2008 Cook County Flood Insurance Rate Maps, as prepared by the Federal Emergency Management Agency (FEMA), be adopted and Ordinance M-23-08 be placed on First Reading at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Murphy, Chair Alderman Murphy stated that off-site commercial signage is prohibited under the City's localized sign ordinance but some developers are seeking relief because their development is not situated along a major street, nor is it visible from one; Staff is proposing an amendment to the localized sign ordinance to permit a wayfinding sign under the zoning code category of exempt governmental signs on public or private property; the Community Development Committee voted 2-1 to recommend the amendment to the City Council. Several aldermen expressed their concern that the signs may stay up for years and not be maintained. Director of Community & Economic Development Conlan said the permit could be reviewed every year. Alderman Argus stated that this is a unique situation; we should not disadvantage builders; we have to help business and do what we can. Alderman Moylan stated that this is a good thing; we should help. Alderman Murphy stated that perhaps the sign permit could be renewed annually. Moved by Beauvais, seconded by Argus, to concur with Staff recommendation and recommend to the City Council that Article 11. 2-7 C -"Exempt Signs" of the Zoning Code be amended to permit installation of Governmental signs and notices on public property or private property to promote the public good; contingent upon the administrative permitting process, which will be for one ( 1) year; the annual renewal will be subject to the permit process; and Ordinance Z-18-08 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 Moved by Smith, seconded by Beauvais, to concur with recommendation of Committee of the Whole to adopt Resolution R-85-08, 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: $3,176,254.04. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. FEMA FLOOD INSURANCE RATE MAPS: Ordinance M-23-08 AMENDMENT/ LOCALIZED SIGN ORDINANCE: Ordinance Z-18-08 ADJOURNMENT: PAGE SIX 195 7/7/08 Moved by Walsten, seconded by Argus, to concur with recommendation of Committee of the Whole that the August 19, 2008 Cook County Flood Insurance Rate Maps, as prepared by the Federal Emergency Management Agency (FEMA), be adopted; and further recommend to place o n First Reading Ordinance M-23-08, AN ORDINANCE AMENDING TITLE 14 I "FLOOD CONTROL I II CHAPTER 1 I "FLOOD CONTROL REGULATIONS" OF THE DES PLAINES CITY CODE. Motion declared carried. Moved by Murphy, seconded by Moylan, to concur with recommendation of Committee of the Whole that Article 11.3-7 C -"Exempt Signs' of the Zoning Code be amended to permit installation of Governmental signs and notices on public property or private proeprty to promote the public good; contingent upon the administrai ve permitting process, which will be for one (1) year; the annual renewal will be subject to the permit process; and further recommend to place on First Reading Ordinance Z- 18-08. Motion declared carried. Moved by Murphy, seconded by Argus, to advance to Second Reading and adopt Ordinance Z-18-08, AN ORDINANCE AMENDING ARTICLE 11.3-7 C, "EXEMPT SIGNS" OF THE CITY OF DES PLAINES ZONING CODE. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Beauvais, 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