06/01/2009MINUTES 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, JUNE 1, 2009
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 7:00 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic
Center on Monday, June 1, 2009.
ROLL CALL:
Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Higgason, Walsten,
Wilson, Argus. Absent: Brookman
Also present were: City Manager Bajor, Assistant City Manager
Slowinski, Director of Finance Wisniewski, Police Chief Prandini,
Fire Chief Jaeger, Director of Engineering Oakley, Acting Director of
Public Works Laux, Director of Information Technology Duebner,
Director of Human Resources Earl, Assistant City Attorney Bartel and
City Attorney Wiltse.
PRAYER AND The opening prayer was given by Rev. John Clemons of
PLEDGE: Our Lady of Hope Catholic Church, followed by the
Pledge of Allegiance to the Flag.
PRESENTATION: Mary Dankowski, Chairman of the Youth Commission,
gave a brief description of the purpose and
accomplishments of the Youth Commission. She
presented an award to: Patrick Manaher, Jake
Montalbano, Kathryn Cullotta, and Bojan Balaban for
their years of service to the youth and families in
Des Plaines. Mr. Montalbano invited the Mayor and
the City Clerk to throw the first pitch at the first
Co-Rec Softball game on Saturday, June 13, 2009 at
6:15 p.m. Everyone is invited to attend that game
and any others throughout the summer season.
Mayor Moylan announced that during the 2009 budget
process, the City Council approved a City expenditure
to benefit the Senior Center. The Des Plaines
Community Senior Center is an independent, full-
service, non-profit organization dedicated to serving
the needs of older adults in our community. On
behalf of the City Council, Mayor Moylan presented a
check in the amount of $40,000.00 to the Des Plaines
Community and Frisbie Senior Centers.
In attendance were representatives of the Des Plaines
Community and Frisbie Senior Centers: Roger Hull,
President of the Board of Directors; Sharon Lynch,
Vice President; and Myrtle Klebe, Co -Chairman of the
PAGE TWO 6/1/09
Senior Advisory Council. Mr. Hull thanked the Mayor
and Aldermen for their financial support.
CITIZEN Mr. Dennis Sahara, 963 Jeannette Street, addressed
PARTICIPA.: the City Council regarding Jeannette Street being
used as a main thoroughfare in the area of Thacker,
Graceland, and Lee Streets. Most often, drivers are
traveling through this area at a speed higher than 25
miles per hour. Mr. Sahara wanted to know if there
was something similar to a speed bump or some other
resolution available. Mr. Sahara stated that he
talked to Alderman Robinson regarding this situation.
Alderman Robinson confirmed that he talked to Mr.
Sahara and a number of other residents in the area
regarding this problem.
CONSENT Alderman Bogusz requested that Items 3, and 3a be
AGENDA: removed from the Consent Agenda. Alderman Walsten
requested that Items 4 and 4a be removed from the
Consent Agenda. Alderman Argus requested that Item 9
be removed from the Consent Agenda.
Moved by Higgason, seconded by Haugeberg, to
establish a Consent Agenda except for Items 3, 3a, 4,
4a, and 9. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Higgason,
Walsten, Wilson, Argus
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
Moved by Higgason, seconded by Haugeberg, to approve
the Consent Agenda. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Higgason,
Walsten, Wilson, Argus
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
The minutes were approved; Staff recommendations and
requests were approved; Ordinance M-27-09 was placed
on First Reading; Resolutions R-88-09, R-89-09, R-91-
09, and R-92-09 were adopted.
MINUTES: Moved by Higgason, seconded by Haugeberg, to approve
Consent minutes of the regular meeting of the City Council
Agenda held May 18, 2009. Motion declared carried as
approved unanimously under Consent Agenda.
PREVAILING Moved by Higgason, seconded by Haugeberg, to concur
WAGE ACT: with Staff recommendation to approve an ordinance
Consent establishing the Prevailing Wage Rate for laborers,
the
Agenda mechanics, and other workers, who are employed in
1
(Cont'd.)
Ordinance
M-27-09
LIQ. LICENSE/
LEE STREET
GAMES & SPORTS
BAR:
Ordinance
M-28-09
AMENDMENT/
WARRANT
SIGNATURES:
Ordinance
M-29-09
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PAGE THREE 6/1/09
performance of public works projects; and further
recommend to adopt Ordinance M-27-09, AN ORDINANCE
PURSUANT TO 820ILCS 130/1, ET SEQ., AS AMENDED,
PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC
WORKS CONSTRUCTION AND PREVAILING WAGE RATES. Motion
declared carried as approved unanimously under
Consent Agenda.
Mr. Bill Ryan, 4 N. Meyer Court, addressed the City
Council and answered questions from the Aldermen
regarding management and parking issues.
Moved by Walsten, seconded by Argus, to concur with
the Mayor's recommendation to approve an ordinance
granting a new Class A Liquor License for Lee Street
Games & Sports Bar, 1122 Lee Street; and further
recommend to adopt Ordinance M-28-09, AN ORDINANCE
AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4,
"INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND
NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE
CLASS A LIQUOR LICENSE FOR LEE STREET GAMES & SPORTS
BAR, INC. D/B/A LEE STREET GAMES & SPORTS BAR LOCATED
AT 1122 LEE STREET, DES PLAINES, ILLINOIS. Upon roll
call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Higgason,
Walsten, Wilson, Argus
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
Moved by Walsten, seconded by Argus, to concur with
Staff recommendation to approve ordinance changes
amending Title 3, Chapter 4, Section 11 (Warrants;
Signatures) of the City Code; and further recommend
to adopt Ordinance M-29-09, AN ORDINANCE AMENDING
TITLE 3, "MUNICIPAL DEPARTMENTS," CHAPTER 4,
"DEPARTMENT OF FINANCE," SECTION 11, "WARRANTS;
SIGNATURES," OF THE DES PLAINES CITY CODE.
Discussion: Alderman Walsten asked the City Manager
why the City Clerk is being deleted as an authorized
signer of checks. Mr. Bajor responded that the
Clerk's position is presently part-time, and the City
Clerk may not be available to sign the Warrant or a
check when necessary. This ordinance would be amended
to delete the City Clerk as an authorized officer,
and add Assistant Director of Finance and Financial
Analyst as authorized officers.
Moved by Walsten, seconded by Argus to place on First
Reading Ordinance M-29-09, AS AMENDED, to include the
City Clerk as an authorized officer. Upon roll call,
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SOIL AND
MATERIAL
TESTING:
Consent
Agenda
Resolution
R-88-09
LETTER OF
CREDIT/
95 & 99
OAKWOOD:
Consent
Agenda
Resolution
R-89-09
BID AWARD/
NWMC SUPERIOR
ROAD STRIPING:
Consent
Agenda
Resolution
R-91-09
AMEND CDBG/
ANNUAL ACTION
PLAN:
Consent
PAGE FOUR 6/1/09
the vote was:
AYES: 6-Haugeberg, Robinson, Bogusz,
Walsten, Wilson, Argus
NAYS: 1-Higgason
ABSENT: 1 -Brookman
Motion declared carried
Moved by Higgason, seconded by Haugeberg, to concur
with Staff recommendation to authorize City Manager
to enter into an agreement with Chicago Testing
Laboratories, 1612 Landmeier Road, Unit B, Elk Grove
Village, IL 60007 in the amount of $12,838.00; to
perform soil and material testing during construction
of Contract A, Street & Utility Improvements, and
further recommend to adopt Resolution R-88-09, 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 2009 CAPITAL IMPROVEMENT
PROGRAM AT A COST NOT TO EXCEED $57,948, FUNDED FROM
THE MOTOR FUEL TAX FUND (09 -00207 -00 -RS). Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Higgason, seconded by Haugeberg, to concur
with Staff recommendation to authorize $17,043 Letter
of Credit to be released and public improvements
accepted by the City Council for 95 & 99 Oakwood; and
further recommend to adopt Resolution R-89-09, A
RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS FOR ADAM
FALKIEWICZ FIRST ADDITION TO DES PLAINES LOCATED AT
95 AND 99 OAKWOOD AVENUE, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Higgason, seconded by Haugeberg, to concur
with Staff recommendation to accept Suburban
Purchasing Cooperative Bid Award through the
Northwest Municipal Conference for Lane Marking from
Superior Road Striping, Inc., 1967 Cornell Court,
Melrose Park, Illinois 60160/Budgeted Funds - Motor
Fuel Tax Fund; and further recommend to adopt
Resolution R-91-09, A RESOLUTION AUTHORIZING THE CITY
TO ACCEPT THE LOWEST RESPONSIBLE BID OFFER THROUGH
THE NORTHWEST MUNICIPAL CONFERENCE SUBURBAN
PURCHASING COOPERATIVE FROM SUPERIOR ROAD STRIPING,
INC. FOR STREET LANE MARKINGS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Haugeberg, to concur
with Staff recommendation to approve the 2008 CDBG
Action Plan Program Amendment to accept $90,160 in
CDBG grant funds for the removal of blighted
Agenda
Resolution
R-92-09
COMMISSION
APPOINTMENTS:
REJECT BID &
RE -ADVERTISE/
HOLIDAY
DECORATIONS:
Consent
Agenda
COMMISSION
REAPPOINTMENTS:
WARRANT
REGISTER:
BUSINESS
LICENSE LATE
FEES:
2009 CIP/
CONTRACT A:
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PAGE FIVE 6/1/09
structures within the City; and further recommend to
adopt Resolution R-92-09, A RESOLUTION APPROVING AN
AMENDMENT TO THE CITY OF DES PLAINES' ANNUAL ACTION
PLAN PROJECT YEAR 2008. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Argus, seconded by Haugeberg, to POSTPONE to
June 15, 2009, the appointment of Pat Mauro and
Mohammad Khokhar to the Economic Development
Commission. Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Bogusz,
Walsten, Wilson, Argus
NAYS: 1-Higgason
ABSENT: 1 -Brookman
Motion declared carried.
Moved by Higgason, seconded by Haugeberg, to concur
with Staff recommendation that the City Council
reject bids received for Holiday Lighting and
Decorations and authorize the City Clerk to re -
advertise for bids for this project. Motion declared
carried as approved unanimously under Consent Agenda.
Presented for consideration (no action required) were
the Mayoral reappointments of Jeffrey A. Rozovics and
George Magerl to the Library Board of Trustees.
MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION - Alderman Higgason, Chair
Moved by Argus, seconded by Walsten, to recommend to
the City Council approval of the June 1, 2009 -
Warrant Register, in the total amount of
$4,524,938.86; and further recommend that Resolution
R-95-09 be adopted at appropriate time this evening.
Motion declared carried.
Finance Director Wisniewski gave a PowerPoint
presentation which reviewed the mailing process/late
fees for business licenses and answered questions
from the Aldermen.
ENGINEERING - Alderman Matt Bogusz, Chair
Director of Engineering Oakley reported that there
were nine (9) bids opened on May 7, 2009 for the 2009
CIP Street & Utility Improvements - Contract A. The
lowest bidder was Swallow Construction. Director
Oakley stated that it was his opinion that Swallow
Construction was unqualified to perform the work on
this contract. Based on this information, in the
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2009 CIP/
CONTRACT C:
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PAGE SIX 6/1/09
best interests of the City, he is recommending award
of the bid to the second lowest bidder, Orange Crush
L.L.C., 321 South Center Street, Hillside, Illinois
60162, in the amount of $1,759,398.50. The source of
funding would be the Capital Projects Fund
($975,161.00) and Water/Sewer Fund ($784,237.50).
Discussion: Mr. Alex Rendina, 4250 Lacey, Downers
Grove, a representative of Swallow Construction
addressed the Council and gave a history of its
projects. He stated that Swallow Construction is a
specialist in underground projects and has worked
closely with OSHA and utility companies. Swallow
Construction is a family owned company. In 1993,
Swallow Construction completed a $4 Million project
in Des Plaines. Mr. Rendina gave a brief history of
projects with positive outcomes and felt that the
Aldermen should consider this information in the
final decision.
Moved by Bogusz, seconded by Walsten, to concur with
Staff recommendation that the City Council, in the
best interest of the City, award 2009 CIP/Contract A
bid to the second lowest bidder, Orange Crush L.L.C.,
321 South Center Street, Hillside, Illinois 60162, in
the amount of $1,759,398.50. Motion declared
carried.
Director of Engineering Oakley reported that there
were eleven (11) bids opened on May 7, 2009 for the
2009 CIP Storm Sewer Improvements - Contract C. The
lowest bidder was Swallow Construction. Director
Oakley stated that it was his opinion that Swallow
Construction was unqualified to perform the work on
this contract. Based on this information, in the
best interests of the City, he recommended award of
the bid to the second lowest bidder, MQ Construction
Company, 665 Roppolo Lane, Elk Grove, Illinois 60007
in the amount of $1,382,499.00 (Original Bid plus
Supplemental Bid A) . The source of funding would be
the Capital Projects Fund ($1,227,739.00) and
Water/Sewer Fund ($154,760.00).
Discussion: Mr. Alex Rendina, 4250 Lacey, Downers
Grove, a representative of Swallow Construction
addressed the Council and asked the Aldermen to
consider Swallow Construction's projects which had
positive outcomes in their decision.
Moved by Bogusz, seconded by Haugeberg, to concur
with Staff recommendation that the City Council, in
the best interest of the City, award 2009 CIP/
Contract C bid to the second lowest bidder, MQ
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PAGE SEVEN 6/1/09
Construction Company, 665 Roppolo Lane, Elk Grove, IL
60007 in the amount of $1,382,499.00 (Original Bid
plus Supplemental Bid A). Motion declared carried.
LEGAL & LICENSING - Alderman John Robinson, Chair
LIQUOR Alderman Robinson reported that there is an
LICENSE/ application for two liquor licenses from JAK Miner,
1492 MINER: Inc., doing business as Miner Street Tavern, 1492
Miner Street. The current owners were granted both a
Tavern license and a 4 a.m. license. The new owners
are petitioning to change the ownership of both
licenses.
Motion by Walsten to approve the change of ownership
for JAK Miner, Inc., doing business as Miner Street
Tavern, 1492 Miner Street. The motion died for lack
of a second.
Discussion: Mr. John Grammatis, 512 E. Haven,
Arlington Heights, IL was sworn in by the City Clerk
to give testimony. Mr. Grammatis stated that his
father-in-law wanted to keep the licenses in the
family, and that the name of the business was changed
to Miner Street Tavern. Alderman Higgason asked Mr.
Grammatis how many managers would be working in the
business. Mr. Grammatis stated that there would be
three and possibly his father-in-law as well.
Police Chief Prandini was asked if there were any
problems with the families or prior business. He
stated no, however he felt that there was no
compelling reason to issue a 4 a.m. license.
Alderman Bogusz asked how many 4 a.m. licenses
existed, and Police Chief Prandini stated five.
Mr. Grammatis was asked why a 4 a.m. license was
necessary and he stated it would be to accommodate
third shift workers and a family of patrons. A 4
a.m. license was granted in March, 2009.
Moved by Walsten, seconded by Higgason, to approve
Class A Liquor license for JAK Miner, Inc., d/b/a
Miner Street Tavern, 1492 Miner Street. Motion
declared carried.
Motion by Bogusz to transfer ownership of Class J
liquor license from Sugar Bowl Restaurants, Inc. to
JAK Miner, Inc. d/b/a Miner Street Tavern, 1492 Miner
Street. Died for lack of a second.
Moved by Walsten, seconded by Higgason, to transfe
g
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PAGE EIGHT 6/1/09
ownership of Class J liquor license from Sugar Bowl
Restaurants, Inc. to JAK Miner, Inc. d/b/a Miner
Street Tavern, 1492 Miner Street. Motion declared
carried. (Nays: Haugeberg, Bogusz, Argus)
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
WARRANT Moved by Higgason, seconded by Haugeberg, to concur
REGISTER: with recommendation of Committee of the Whole to
adopt Resolution R-95-09, BE IT RESOLVED BY THE CITY
Resolution COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING
R-95-09 BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY
CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT
FOR SAME. Total: $4,524,938.86. Upon roll call, the
vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Higgason,
Walsten, Wilson, Argus
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
2009 CAPITAL Moved by Bogusz, seconded by Argus, to concur with
IMPROVEMENT Staff recommendation, in the best interest of the
PROGRAM - City, to award the bid to the second lowest bidder,
CONTRACT A: Orange Crush, L.L.C., 321 South Center Street,
Hillside, Illinois 60162, in the amount of
Resolution $1,759,398.50/Capital Projects Fund ($975,161.00) and
R-93-09 Water/Sewer Fund ($784,237.50); and further recommend
to adopt Resolution R-93-09, A RESOLUTION ACCEPTING
THE PROPOSAL FROM ORANGE CRUSH, LLC FOR STREET AND
UTILITY IMPROVEMENTS IN CONJUNCTION WITH THE 2009
CAPITAL IMPROVEMENT PROGRAM - STREET AND UTILITY
IMPROVEMENTS - CONTRACT A. Upon roll call, the vote
was:
AYES: 7-Haugeberg, Robinson, Bogusz, Higgason,
Walsten, Wilson, Argus
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
2009 CAPITAL Moved by Bogusz, seconded by Walsten, to concur with
IMPROVEMENT Staff recommendation, in the best interest of the
PROGRAM - City, to award the bid to the second lowest bidder,
CONTRACT C: MQ Construction Company, 665 Roppolo Lane, Elk Grove,
Illinois 60007, in the amount of $1,382,499.00
Resolution (Original Bid plus Supplemental Bid A). Source of
R-94-09 funding - Capital Projects Fund ($1,227,739.00) and
Water/Sewer Fund ($154,760.00); and further recommend
LIQUOR
LICENSE/
1492 MINER
STREET:
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PAGE NINE 6/1/09
to adopt Resolution R-94-09, A RESOLUTION ACCEPTING
THE PROPOSAL FROM MQ CONSTRUCTION COMPANY FOR STORM
SEWER IMPROVEMENTS IN CONJUNCTION WITH THE 2009
CAPITAL IMPROVEMENT PROGRAM, STORM WATER MATER PLAN
AREA #3 - CONTRACT C. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Higgason,
Walsten, Wilson, Argus
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
Moved by Walsten, seconded by Higgason, to approve
change of ownership for Class A & J liquor licenses
for JAK Miner, Inc., d/b/a Miner Street Tavern, 1492
Miner Street. Upon roll call, the vote was:
AYES: 3-Higgason, Walsten, Wilson,
NAYS: 4-Haugeberg, Robinson, Bogusz, Argus
ABSENT: 1 -Brookman
Motion declared failed.
Moved by Walsten, seconded by Higgason, to reconsider
Motion to approve Class A & J liquor licenses for JAK
Miner, Inc., d/b/a Miner Street Tavern, 1492 Miner
Street. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz,
Higgason, Walsten, Wilson, Argus
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
Moved by Bogusz, seconded by Argus, to approve Class
A Tavern Liquor License for JAK Miner, Inc., d/b/a
Miner Street Tavern, 1492 Miner Street. Upon roll
call, the vote was:
AYES: 6-Haugeberg, Robinson, Bogusz, Higgason,
Wilson, Argus
NAYS: 1-Walsten
ABSENT: 1 -Brookman
Motion declared carried.
Moved by Haugeberg, seconded by Walsten, to approve
the Class J Special 4 a.m. Liquor Dealers License for
JAK Miner, Inc., d/b/a Miner Street
Miner Street. Upon roll call, the vote
AYES: 3-Higgason, Walsten, Wilson
NAYS: 4-Haugeberg, Robinson, Bogusz,
ABSENT: 1 -Brookman
Motion declared FAILED.
Tavern, 1492
was:
Argus
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PAGE TEN
6/1/09
ADJOURNMENT: Moved by Higgason, seconded by Walsten, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 8:57 p.m.
APPROVED BY ME THIS
Gloria J. LS)-,
udwig - CITY CLERK