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05/17/2010Consent Agenda Item #1 MINUTES OF THE REGULAR FETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, MAY 3, 2010 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Martin J. Moylan at 7:02 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 3, 2010. ROLL CALL: Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, and Argus. Also present were: Acting City Manager Slowinski, Assistant Director of Finance Bromber, Police Chief Prandini, Fire Chief Wax, Director of Public Works and Engineering Oakley, Director of Information Technology Duebner, Director of Community & Economic Development Conlan and City Attorney Wiltse. PRAYER AND The opening prayer was given by The Reverend Dr. PLEDGE: Daryl Merrill, Jr. of the Christian Life Church, followed by the Pledge of Allegiance to the Flag. CITIZEN Mr. Brian Burkross, 2133 Webster Lane, addressed the PARTICIPA.: City Council commending the Fire and Police Departments for a quick response when called for an emergency at his home. Mr. Burkross questioned the process of advancing an issue from the last Council meeting to immediate vote rather than waiting until the next Council meeting. Mr. Paul Klein, 1845 Linden Street, addressed the City Council regarding a complaint of a trailer parked next to a garage at 2150 S. River Road. Mr. Richard Smolenski, 395 Elk Boulevard, addressed the City Council regarding the paving done at Elk Boulevard and River Road. Mr. Thomas Vana, Secretary for Vie Nam Veterans of America, addressed the City Council reading a letter sent to Lisa Madigan, Illinois Attorney General, requesting a refund of a late filing fee on behalf of Viet Nam Veterans of America in 2004; recommended using partial profits in 2010 for funding to go to School. District 207 rather than cutting costs, losJng teachers and programs. ej, 41t� CONSENT AGENDA: MINUTES: Consent Agenda NAME CHANGE/ NORTH SHORE AVE. Consent Agenda Ordinance M-15-10 COND. USE/ CLASS B REST./ 1167 E. ELMHURST RD.: Consent Agenda Ordinance M-2-10 Page 2 of 7 5/03/10 Alderman Brookman requested that Items 5 and 5a be removed from the Consent Agenda. Moved by Higgason, seconded by Argus, to establish a Consent Agenda. Motion declared carried. Moved by Bogusz, seconded by Haugeberg, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinances M-15-10 and Z-11- 10 were placed on First Reading; and Ordinance Z-9- 10, Resolutions R-54-10, R-56-10, R-57-10, R-58-10, R-59-10 and R-60-10 were adopted. Moved by Bogusz, seconded by Haugeberg, to approve minutes of the Regular Meeting of the City Council held April 19, 2010 as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Haugeberg, to approve minutes of the Executive Session of the City Council held April 19, 2010. Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Haugeberg, to concur with Staff recommendation to approve street renaming of "North Shore Avenue" to "Northshore Avenue" to eliminate confusion with mail delivery; and further recommend to place on First Reading Ordinance M-15- 10, AN ORDINANCE CHANGING THE NAME OF NORTH SHORE AVENUE TO NORTHSHORE AVENUE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Haugeberg, to concur with Staff recommendation to approve the conditional use permit request for the operation of a Class B restaurant in a C-3 District at 1167 Elmhurst Road; and further recommend to place on First Reading Ordinance Z-11-10, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT A CLASS B RESTAURANT WITH CUSTOMER SEATING FOR 20 PERSONS AT 1167 S. ELMHURST ROAD, DES PLAINES, ILLINOIS. (CASE #10 -008 - CU). Motion declared carried as approved unanimously under Consent Agenda. NIPSTA/FIRE DEPT.: Resolution R-53-10 HGHWY. AUTH. AGR./IEPA/ 1111 SCHWAB RD.: Consent Agenda Resolution R-54-10 AGR./CONTRACT A/STORM WATER MASTER PLAN #8, 9, 11: Consent Agenda Resolution R-59-10 Page 3 of 7 5/03/10 Fire Chief Wax answered questions from the aldermen regarding NIPSTA's safety record. Moved by Walsten, seconded by Argus, to concur with Staff recommendation to approve continued membership and participation in the Northeastern Illinois Public Safety Training Academy (NIPSTA), 2300 Patriot Boulevard, Glenview, Illinois 60026 for the Fire Department in an amount not to exceed $23,129.00; and further recommend to adopt Resolution R-53-10, A RESOLUTION AUTHORIZING THE DES PLAINES FIRE DEPARTMENT CONTINUED MEMBERSHIP AND PARTICIPATION IN THE NORTHEASTERN ILLINOIS PUBLIC SAFETY TRAINING ACADEMY (NIPSTA). Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Bogusz, seconded by Haugeberg, to concur with Staff recommendation that City of Des Plaines approve Highway Authority Memorandum of Agreement for City of Des Plaines Department of Public Works, 1111 Joseph J. Schwab Road (Campground Road); and further recommend to adopt Resolution R-54-10, A RESOLUTION AUTHORIZING THE EXECUTION OF A HIGHWAY AUTHORITY AGREEMENT BETWEEN THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Haugeberg, to concur with Staff recommendation authorizing the Acting City Manager to enter into an agreement with American GeoEngineering, Inc., 399-A Wall Street, Glendale Heights, Illinois 60139 to perform soil and material testing during construction of Contract A, Storm Water Master Plan Areas #8, 9, and 11 in an amount not to exceed $14,575.00; and further recommend to adopt Resolution R-59-10, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN AMER 'AN GEOENGINEERING, INC. AND THE CITY OF DES PLAINES FOR GEOTECHNICAL ENGINEERING SERVICES TO BE PERFORMED FOR THE 2010 CAPITAL IMPROVEMENT PROGRAM - CONTRACT A, STORM WATER MASTER PLAN AREAS #8, #9 AND #11, AT A COST NOT TO EXCEED $14,575.00 (Motor Fuel Tax Fund). Motion declared carried as approved unanimously under Consent Agenda. AGR./ST. AND UTILITY IMPRV' S . : Consent Agenda Resolution R-58-10 BID AWARD/ REPAIR & UTILITY LOCATION/ST. LIGHTS/UNDER- GROUND WIRING: Consent Agenda Resolution R-57-10 IDOT/2010, 2011: Consent Agenda Resolution R-60-10 BID AWARD/ FERTILIZER/ WEED CONTROL: Consent Page 4 of 7 5/03/10 Moved by Bogusz, seconded by Haugeberg, to concur with Staff recommendation authorizing the Acting City Manager to enter into an agreement with Chicago Testing Laboratory, Inc., 1612 Landmeier Road, Unit C, Elk Grove Village, Illinois 60007 to perform soil and material testing during construction of MFT 10- 00210-0ORS, Street & Utility Improvements in an amount not to exceed $20,529.00; and further recommend to adopt Resolution R-58-10, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN CHICAGO TESTING LABORATORY, INC. AND THE CITY OF DES PLAINES FOR GEOTECHNICAL ENGINEERING SERVICES TO BE PERFORMED FOR THE 2010 CAPITAL IMPROVEMENT PROGRAM - STREET AND UTILITY IMPROVEMENTS AT A COST NOT TO EXCEED $20,529.00 (Motor Fuel Tax Fund) (MFT -10- 00210 -00 -RS). Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Haugeberg, to concur with Staff recommendation to award bid for repair and utility location of street lights and underground wiring to H & H Electric Company, 2830 Commerce Street, Franklin Park, Illinois 60131 in an amount not to exceed $20,000.00; and further recommend to adopt Resolution R-57-10, A RESOLUTION AUTHORIZING ACCEPTANCE OF A BID FROM H&H ELECTRIC CO. FOR THE REPAIR AND UTILITY LOCATION OF STREET LIGHTS AND UNDERGROUND WIRES IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Haugeberg, to concur with Staff recommendation that City of Des Plaines approve Illinois Department of Transportation (IDOT) Construction on State Highways Resolution for 2010 and 2011; and further recommend to adopt Resolution R-60-10, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, PLEDGING AND GUARANTEEING THAT ALL CONSTRUCTION, OPERATION AND MAINTENANCE OF VARIOUS STREET IMPROVEMENTS ON STATE HIGHWAYS MAINTAINED BY THE CITY ARE PERFORMED IN ACCORDANCE WITH PERMITS GRANTED BY THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Haugeberg, to concur with Staff recommendation to award bid for contractual fertilizer and weed control application to TruGreen Limited Partnership, 525 Busse Highway, �Q� Agenda Resolution R-56-10 APPOINTMENT: ORDINANCE Z-9-10 REZONING/ 1450, 1470 TOUHY AVE., 2300, 2777 MANNHEIM RD.: Consent Agenda IDOT/ DES PLAINES RVR. RD./ JURIS. TRANSFER: Consent Agenda Ordinance M-22-10 Page 5 of 7 5/03/10 Park Ridge, Illinois 60068, in an amount not to exceed $21,723.28 (Street/Grounds); and further recommend to adopt Resolution R-56-10, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN TRUGREEN LIMITED PARTNERSHIP AND THE CITY OF DES PLAINES FOR CONTRACTUAL FERTILIZER AND WEED CONTROL APPLICATION THROUGHOUT DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Haugeberg, to approve Mayoral appointment of Richard Hofherr to the Zoning Board of Appeals (term to expire 4/30/12). Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Haugeberg, to approve rezoning of 1450 and 1470 Touhy Avenue and 2300 and 2777 Mannheim Road from C-2 (Limited Office Commercial) to C-3 (General Commercial); and further recommend to adopt Ordinance Z-9-10, AN ORDINANCE GRANTING A MAP AMENDMENT FROM C-2, LIMITED OFFICE COMMERCIAL TO C-3, GENERAL COMMERCIAL DISTRICT FOR THE PROPERTY LOCATED AT 1450 AND 1470 TOUHY AVENUE, 2300 MANNHEIM ROAD AND 2777 MANNHEIM ROAD, DES PLAINES, ILLINOIS. (CASE #10 -007 -MAP). Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Haugeberg, to concur with Staff recommendation to accept jurisdictional transfer from Illinois Department of Transportation (IDOT) of a portion of Des Plaines River Road for maintenance purposes; and further recommend to place on First Reading Ordinance M-22-10, AN ORDINANCE PROVIDING FOR THE ADDITION OF DES PLAINES RIVER ROAD FROM THE NORTH EDGE OF PAVEMENT OF DEVON AVENUE TO THE SOUTH EDGE OF PAVEMENT OF TOUHY AVENUE, N ITS ENTIRETY TO THE MUNICIPAL STREET SYSTEM OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Wilson, seconded by Bogusz, to advance to Second Reading and adopt Ordinance M-22-10, AN ORDINANCE PROVIDING FOR THE ADDITION OF DES PLAINES RIVER ROAD FROM THE NORTH EDGE OF PAVEMENT OF DEVON AVENUE TO THE SOUTH EDGE OF PAVEMENT OF TOUHY AVENUE, IN ITS ENTIRETY TO THE MUNICIPAL STREET SYSTEM OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. Upon roll call, the vote was: 44y M-22-10 (Cont' d) COMMISSION APPT./ REAPPT.: WARRANT REGISTER: WARRANT REGISTER: Resolution R-55-10 Page 6 of 7 5/03/10 AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Being presented for consideration (no action required) are the following Mayoral APPOINTMENTS: FIRE AND POLICE COMMISSION Reappointment of Debra Lester - Term to Expire 04/30/13 Appointment of Michael Albrecht - Term to Expire 04/30/12 (Replaces Mario Palacios, Resigned 04/9/10) Motion by Robinson, seconded by Walsten, to waive the Rules and the two week waiting period before on the appointments. declared carried. Voice Vote - All Ayes. voting Motion Motion by Robinson, seconded by Walsten, to approve the Mayoral APPOINTMENTS: FIRE AND POLICE COMMISSION Reappointment of Debra Lester - Term to Expire 04/30/13 Appointment of Michael Albrecht - Term to Expire 04/30/12 Voice Vote - All Ayes. Motion declared carried. MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION - Alderman Higgason, Chair Moved by Haugeberg, seconded by Robinson, to recommend to the City Council approval of the May 3, 2010 - Warrant Register, in the total amount of $4,822,293.10; and further recommend that Resolution R-55-10 be adopted at appropriate time this evening. Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Higgason, seconded by Argus, to concur with recommendation of Committee of the Whole to adopt Resolution R-55-10, 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 Page 7 of 7 5/03/10 R-55-10 CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT (Cont'd) FOR SAME. Total: $4,822,293.10. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ADJOURNMENT: Moved by Argus, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 7:51 p.m. �AL, 9. ta.. Gloria J. Ludwig - CTY CLERK APPROVED BY ME THIS DAY OF , 2010 Martin J. Moylan, MAYOR