06/15/2009t
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, JUNE 15, 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 6:30 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines
Civic Center on Monday, June 15, 2009.
ROLL CALL:
Roll call indicated the following aldermen present:
Robinson, Bogusz, Higgason, Walsten, Smith, Argus.
Alderman Haugeberg and Brookman arrived in Executive
Session at 6:33 p.m.
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 Community & Economic Development
Conlan, Director of Information Technology Duebner, Director of
Human Resources Earl, Assistant City Attorney Bartel and City
Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
Moved by Higgason, seconded by Robinson,
Executive Session to
call,
AYES:
the vote was:
6 -Robinson, Bogusz, Higgason,
Walsten, Wilson, Argus
0 -None
2-Haugeberg, Brookman
Motion declared carried.
NAYS:
ABSENT:
discuss personnel.
The City Council recessed at 6:31 p.m.
The City Council reconvened at 7:06 p.m.
to go
Upon
into
roll
Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Higgason, Brookman,
Walsten, Wilson, Argus
The opening prayer was given by Father Plotkowski,
St. Zachary's Catholic Church, followed by the
Pledge of Allegiance to the Flag.
PRESENTATIONS: Mayor Moylan welcomed the students from Maine West
High School who are participating in the City's
Clinical Government Program, which is now in its 34th
year.
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6/15/09
PAGE TWO
PRESENTATIONS: Deputy Police Chief Kozak presented Mayor Moylan and
(Cont'd.) City Manager Bajor with the Illinois Emergency
Management Association's Letter of Accreditation for
Des Plaines' Emergency Management Program.
Deputy Police Chief Kozak recognized the fifty (50)
volunteers from the Emergency Management Agency and
Citizens Corp who have earned the President
Volunteer Service Award.
RECOGNITION: Mayor Moylan introduced Linda Traina of the Des
Plaines Arts Council who recognized the following
2009 scholarship recipients:
Elise Adams, Iroquois Community School
Rebecca Bremer, St. Zachary Catholic School
Megan Franke, Forest Elementary School
Suzanne Kukec, Chippewa Middle School
Haripriya Mehta, Iroquois Community School
Jacqueline Ortiz, Algonquin Middle School
Elizabeth Stenholt, Iroquois Community School
Kyle Amati, Maine West High School
Jessica Bieniarz, Maine East High School
Simon Giavaras, Maine West High School
Elisabeth Jacobsen, Maine West High School
Willow Schneider, Maine West High School
PERSONNEL:
Moved by Robinson, seconded by Higgason, to concur
with consensus reached in Executive Session that
Staff be authorized to proceed as directed regarding
Personnel. Motion declared carried.
CONSENT Alderman Argus requested that Items 2 and 2a be
AGENDA: removed from the Consent Agenda; Alderman Walsten
requested that Items 3, 3a, 4 and 4a be removed;
Alderman Brookman requested that Items 6, 6a, 7 and
7a be removed and Alderman Wilson removed Item 10.
Moved by Higgason, seconded by Bogusz, to establish
a Consent Agenda except for Items 2, 2a, 3, 3a, 4,
4a, 6, 6a, 7, 7a and 10. Motion declared carried.
Moved by Wilson, seconded by Argus, 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.
MAP AMENDMENT/
33 E. RIVER:
Consent
Agenda
Ordinance
Z-16-09
CONDITIONAL
USE PERMIT/
1480 OAKTON:
Ordinance
Z-17-09
FLOOD
MITIGATION
GRANT AGR./
METHODIST
CAMPGROUND:
Resolution
R-90-09
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6/15/09
PAGE THREE
Moved by Wilson, seconded by Argus, to concur with
recommendation of Des Plaines Zoning Board of
Appeals, re Zoning Case 09-10-A, to grant request
for a Map Amendment from R-1 Single -Family
Residential to C-3 General Commercial for the
property located at 33 E. River Road; and further
recommend to place on First Reading Ordinance Z-16-
09; AN ORDINANCE GRANTING A MAP AMENDMENT FROM R-1,
SINGLE-FAMILY RESIDENTIAL TO C-3, GENERAL COMMERCIAL
FOR THE PROPERTY LOCATED AT 33 EAST RIVER ROAD, DES
PLAINES, ILLINOIS (Case #09-10-A). Motion declared
carried
Agenda.
as approved unanimously under Consent
Moved by Argus, seconded by Walsten, to concur with
recommendation of Des Plaines Zoning Board of
Appeals, re Zoning Case 09 -016 -CU, to grant request,
subject to conditions, for a Conditional Use Permit
for the expansion of a Place of Worship in the C-3
district at 1480 E. Oakton Street (Bulgarian
Evangelical Church); and further recommend to place
on First Reading Ordinance Z-17-09, AN ORDINANCE
GRANTING A CONDITIONAL USE PERMIT AND VARIATION TO
PERMIT THE EXPANSION OF AN EXISTING PLACE OF WORSHIP
WITH A FRONT YARD SETBACK OF ONE FOOT AT 1480 EAST
OAKTON STREET, DES PLAINES, ILLINOIS. (Case #09 -016 -
CU). 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 Walsten, seconded by Haugeberg, to concur
with Staff recommendation to authorize City Manager
to execute "Flood Mitigation Assistance Program
Agreement" with the Illinois Emergency Management
Agency (IEMA) to elevate fourteen (14) structures
within the Methodist Campground property; and
further recommend to adopt Resolution R-90-09; A
RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT
AGREEMENT BETWEEN THE ILLINOIS EMERGENCY MANAGEMENT
AGENCY AND THE CITY OF DES PLAINES FOR A GRANT IN
THE AMOUNT OF $402,299.57. 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.
6/15/09
PAGE FOUR
FIRE ENGINE Moved by Walsten, seconded by Argus, to concur with
PURCHASE: Staff recommendation to authorize purchase of one
(1) Arrow -XT Fire Engine from Pierce Manufacturing,
Resolution P.O. Box 2017, Appleton, WI 54912 and their
R-96-09 exclusive Midwest vendor, Global Emergency Products,
1402 North Farnsworth Avenue, Aurora, IL 60505
through the Northwest Municipal Conference (NWMC) -
Joint Government Purchasing Program in the total not
to exceed amount of $494,612.30; and it would be in
the best interest of the City that usual bid
procedures be waived; and further recommend to adopt
Resolution R-96-09, A RESOLUTION AUTHORIZING THE
PURCHASE OF A PIERCE MANUFACTURING, INC. ARROW -XT
FIRE ENGINE FROM GLOBAL EMERGENCY PRODUCTS AND
RELATED MOUNTING AND HARDWARE AND COMMUNICATION
EQUIPMENT AT A TOTAL COST NOT TO EXCEED $494,612.30.
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.
CISCO SWITCH Moved by Wilson, seconded by Argus, to concur with
PURCHASE: Staff recommendation to authorize purchase of three
Consent (3) Cisco 3750G-24PS-S switches and associated
Agenda cables from CDWG, 230 N. Milwaukee Avenue, Vernon
Hills, IL 60061 and SFP fiber media modules from
Resolution FluxLight, Inc., Irving, TX 75061 for a total
R-97-09 project cost not to exceed $14,000; and further
recommend to adopt Resolution R-97-09, A RESOLUTION
AUTHORIZING THE PURCHASE OF CISCO SWITCHES,
ASSOCIATED CABLES AND FIBER MEDIA MODULES TO REPLACE
THE CITY'S CORE FIBER OPTIC NETWORK SWITCHES.
Motion declared carried as approved unanimously
under Consent Agenda.
NIPSTA Moved by Brookman, seconded by Argus, to concur with
MEMBERSHIP: Staff recommendation to continue membership in the
Northeast Illinois Public Safety Training Academy,
Resolution 2300 Patriot Boulevard, Glenview, IL 60026 in the
R-98-09 total amount of $23,358.00; and further recommend to
adopt Resolution R-98-09, 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.
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SOUND WALL
EASEMENT
AGR.WITH
COMED:
Resolution
R-99-09
LIQ. LIC./
1223 OAKTON:
Consent
Agenda
ADVERTISE FOR
BIDS/PATCHER:
Consent
Agenda
ADVERTISE FOR
BIDS/
SOUNDWALL:
6/15/09
PAGE FIVE
Moved by Brookman, seconded by Argus, to concur with
Staff recommendation to authorize City Manager to
execute Department of Commerce and Economic
Opportunity (DCEO) Grant No. 06-206005 - Sound Wall
Easement Agreement with Commonwealth Edison for the
installation of a Soundwall along the east side of
the Canadian National Railroad Tracks from Oakton
Street south to Howard Avenue; and further recommend
to adopt Resolution R-99-09, A RESOLUTION
AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO A
SOUND WALL EASEMENT AGREEMENT WITH COMMONWEALTH
EDISON FOR THE INSTALLATION OF A SOUNDWALL ALONG THE
EAST SIDE OF THE CANADIAN NATIONAL RAILROAD TRACKS
FROM OAKTON STREET SOUTH TO HOWARD AVENUE IN DES
PLAINES. 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 Wilson, seconded by Argus, to concur with
Staff recommendation to approve Change of Ownership
for Class H-1 - Restaurant Beer and Wine Only Liquor
License for property located at 1223 Oakton Street,
d/b/a Chang Jiang Restaurant. Motion declared
carried as approved unanimously under Consent
Agenda.
Moved by Wilson, seconded by Argus, to concur with
Staff recommendation that the City Clerk be
authorized to advertise for bids for Trailer -Mounted
Spray Patcher and Trailer -Mounted Oil Transfer Tank,
returnable by 3:00 p.m., Wednesday, July 1, 2009.
Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Wilson, seconded by Haugeberg, to concur
with Staff recommendation that the City Clerk be
authorized to advertise for bids for the
construction of a Sound Wall along the east side of
the Canadian National Railroad Tracks (Oakton Street
to Howard Avenue), returnable by 10:00 a.m.,
Thursday, July 2, 2009. 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.
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6/15/09
PAGE SIX
ORDINANCE Moved by Wilson, seconded by Argus, to adopt
M-27-09 Ordinance M-27-09, AN ORDINANCE PURSUANT TO 820 ILCS
PREVAILING 130/1, ET SEQ., AS AMENDED, PERTAINING TO WAGES OF
WAGE: EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND
Consent PREVAILING WAGE RATES. Motion declared carried as
Agenda approved unanimously under Consent Agenda.
ORDINANCE Moved by Wilson, seconded by Argus, to adopt
M-28-09 Ordinance M-28-09, AN ORDINANCE AMENDING TITLE 4,
LIQ. LIC./ "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING
1122 LEE: LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF
Consent THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR
Agenda LICENSE FOR LEE STREET GAMES & SPORTS BAR, INC.
D/B/A LEE STREET GAMES & SPORTS BAR LOCATED AT 1122
LEE STREET, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent
Agenda.
MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION - Alderman Higgason, Chair
WARRANT Moved by Walsten, seconded by Robinson, to recommend
REGISTER: to the City Council approval of the June 15, 2009 -
Warrant Register, in the total amount of
$5,409,735.06; and further recommend that Resolution
R-100-09 be adopted at ' appropriate time this
evening. Motion declared carried.
COMMUNITY DEVELOPMENT - Alderman Argus, Chair
ZONING Director of Community Development Conlan reviewed
CASE/525 S. his memo of May 27, 2009 regarding the
FIFTH AVE.: reconsideration of Zoning Case 09-004-V - 525 S.
Fifth Avenue; the City Council voted to deny this
variation involving the height of a two-story
garage; the property owner stated that he never
received the City's letter informing him of the City
Council meeting and that he was unable to plead his
case when this was first denied.
Moved by Bogusz, seconded by Brookman, to suspend
the rules to permit public input on this matter.
Motion declared carried.
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PAGE SEVEN
525 S. 5TH: Mr. Roy Fiedler, 525 S. Fifth Avenue, addressed the
(Cont'd.) Committee of the Whole stating that the ridge height
of the garage is 17'; the garage was built completed
in 2007; a building official came out in November
2008; he modeled his garage after the garage at 1724
Morse; the stop work was issued in November 2008.
The following residents spoke in favor of leaving
the garage as is at 525 S. Fifth Avenue:
Mr. Dan Van Kirk, 514 S. Fourth
Ms. Jenny Misiewicz, 536 S. Fourth
Mr. Howard Pauly, 537 S. Fifth
Ms. Audrey Morse, 579 S. Fifth
Ms. Amy Aquino, 509 S. Fifth
Ms. Jean Hager, 503 S. Fifth
Mr. Bob Hager, 503 S. Fifth
Ms. Rosalie Clark, 504 S. Fifth
Mr. Russ McCann, 516 S. Fifth
Alderman Bogusz stated that Mr. Fiedler was not
given due notice of the last meeting; he is
disappointed that we cannot tell Mr. Fiedler when
the stop work order was issued; he is sympathetic to
Mr. Fiedler's situation; thank you to the residents
for coming to tonight's meeting.
Moved by Brookman, seconded by Argus, to recommend
to the City Council to refer back to Staff for
further review the Reconsideration of 525 S. Fifth
Avenue. Motion declared carried.
COMMUNITY SERVICES - Alderman Wilson, Chair
LIBRARY BOARD Alderman Wilson stated that the issue on the agenda
APPOINTMENTS: is the re -appointment of Jeffery Rozovics and George
Magerl to the Library Board.
Alderman. Argus stated the candidates for appointment
to the various Commissions were interviewed; The
Library Board, Economic Development Commission and
Police & Fire Commission are very sensitive; it
would be fair and transparent to interview
candidates; reinstate candidate interviews.
Alderman Brookman stated that there have not been
public interviews in the last twelve (12) years;
Mayor Arredia presented the candidates two weeks
prior to their approval by the City Council; public
interrogation of candidates is wrong; he is opposed
to public interviews; survey other communities t
see what they do.
6/15/09
PAGE EIGHT
APPOINTMENTS: Mr. George Magerl, 825 Pearson Street and Mr.
(Cont'd.) Jeffery Rozovics, 1124 E. Prairie addressed the
Committee of the Whole and stated their interest in
being re -appointed to the Library Board.
Moved by Walsten, seconded by Haugeberg, to
recommend to the City Council approval of the re-
appointments to the Library Board of Mr. Jeffery
Rozovics and Mr. George Magerl, terms to expire June
30, 2012. Motion declared carried.
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
APPOINTMENTS: Moved by Robinson, seconded by Brookman, to approve
Mayoral appointment as follows:
ECONOMIC DEVELOPMENT COMMISSION
Mohammad Khokhar, term to expire April 30, 2012.
Motion declared carried.
Moved by Robinson, seconded by Haugeberg, to approve
Mayoral appointment as follows:
ECONOMIC DEVELOPMENT COMMISSION
Pat Mauro, term to expire April 30, 2012.
Mr. Pat Mauro, 1030 N. State, Chicago, addressed the
City Council and answered questions from the
Aldermen.
Motion declared carried. Alderman Brookman
abstained (conflict of interest).
ORDINANCE Moved by Walsten, seconded by Robinson, to adopt
M-29-09/AS Ordinance M-29-09, AS AMENDED, AN ORDINANCE AMENDING
AMENDED: TITLE 3, "MUNICIPAL DEPARTMENTS," CHAPTER 4,
"DEPARTMENT OF FINANCE," SECTION 11, "WARRANTS;
SIGNATURES," OF THE DES PLAINES CITY CODE. 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.
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6/15/09
PAGE NINE
WARRANT Moved by Hiqqason, seconded by Haugeberq, to concur
REGISTER: with recommendation of Committee of the Whole to
adopt Resolution R-100-09, BE IT RESOLVED BY THE
Resolution CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE
R-100-09 FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE
MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO
MAKE PAYMENT FOR SAME. Total: $5,409,735.06. 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.
ZONING Moved by Argus, seconded by Brookman, to concur with
CASE/525 S. recommendation of Committee of the Whole to refer
FIFTH AVE.: back to Staff for further review the Reconsideration
of 525 S. Fifth Avenue. Motion declared carried.
LIBRARY BOARD Moved by Wilson, seconded by Higgason, to concur
APPOINTMENTS: with recommendation of Committee of the Whole to
approve the re -appointments to the Library Board of
Mr. Jeffery Rozovics and Mr. George Magerl, terms to
expire June 30, 2012. Motion declared carried.
Alderman Brookman stated that commission
appointments should be discussed at a Committee
meeting before coming to the City Council; for the
record, he, nor his family, has a partnership
agreement with Mr. Mauro.
ADJOURNMENT: Moved by Higgason, seconded by Robinson, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjo ed at 8:55 p.m.
APPROVED BY ME THIS
DAY OF � , 2009
--CC01,01,
Martin . Mo'•: , MAYOR
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Nancy son - DEPUTY CITY CLERK