08/03/2009Consent Agenda Item #1
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, AUGUST 3, 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, August 3, 2009.
ROLL CALL:
Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Brookman, Walsten,
Wilson, and Argus. Alderman Higgason was absent.
Also present were: City Manager Bajor, Assistant City Manager
Slowinski, Director of Finance Wisniewski, Police Chief Prandini,
Fire Chief Jaeger, Director of Engineering Oakley, Director of
Information Technology Duebner, Director of Community & Economic
Development Conlan, and Assistant City Attorney Bartel.
PRAYER AND The opening prayer was given by President Ghulam
PLEDGE: Farooqui, Islamic Community Center, followed by the
Pledge of Allegiance to the Flag.
PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE
HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
CDBG ANNUAL DES PLAINES CIVIC CENTER, MONDAY, AUGUST 3,
ACTION PLAN: 2009
CALL TO ORDER: Mayor Moylan called the Public Hearing to order at
7:03 p.m. The Public Hearing was being held pursuant
to legal notice to give citizens the opportunity to
comment on the City's 2009-10 Community Development
Block Grant Action Plan for Program Year October 1,
2009 to September 30, 2010, for which the City is
eligible to receive $334,745 in Federal CDBG Funds
from the U.S. Department of Housing & Urban
Development (HUD).
DISCUSSION: Director of Community & Economic Development Conlan
gave a brief overview.
Mayor Moylan asked for comments from the aldermen and
the public. Final action on this matter under Items
6 and 6a on the Consent Agenda this evening.
The Public Hearing was adjourned at 7:05 p.m.
The City Council reconvened at 7:06 p.m.
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PAGE TWO 8/3/09
CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the
PARTICIPA.: City Council regarding privatization of utilities.
Mr. Serbin recommended that the City Council not
privatize the water supply. Mr. Serbin urged the
City Council to check this issue carefully. A
business card from Susan L. Satter, Sr. Assistant
Attorney General of Public Utilities was given to the
City Clerk for future reference.
Mr. Kevin Creely, 283 Good Court, addressed the City
Council and stated that the Community Development
Committee was well run. Mr. Creely stated that over
100 trees have been removed during the last few years
and that there should be an ordinance regulating the
number to be removed. Mr. Creely suggested that the
churches in the area of Potter and Ballard share
their parking lots rather than expanding those that
exist.
Mrs. Aeehee Yum, 2514 E. Ballard Road, addressed the
City Council and stated that a sidewalk at Ballard
Road and Good Avenue needs to be installed; fallen
trees in the area need to be picked up; and ditches
need to be covered.
CONSENT Alderman Brookman requested that Items 4, and 4a be
AGENDA: removed from the Consent Agenda. Alderman Walsten
requested that Items 7 and 7a be removed from the
Consent Agenda.
Moved by Walsten, seconded by Bogusz, to establish
the Consent Agenda except for Items 4, 4a, 7 and 7a.
Motion declared carried.
Moved by Haugeberg, seconded by Robinson, to approve
the Consent Agenda. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz,
Brookman, Walsten, Wilson, Argus
NAYS: 0 -None
ABSENT: 1-Higgason
Motion declared carried.
The minutes were approved; Staff recommendations and
requests were approved; Ordinances M-33-09 and Z-18-
09 were placed on First Reading; Resolutions R-118-09
and R-120-09 were adopted; and Ordinance M-30-09 was
adopted.
MINUTES: Moved by Haugeberg, seconded by Robinson, to approve
Consent minutes of the regular meeting of the City Council
Agenda held July 6, 2009. Motion declared carried as
approved unanimously under Consent Agenda.
LIQ. LICENSE
RENUMBERING:
Consent
Agenda
Ordinance
M-33-09
COND. USE/
620 E.
CENTRAL:
Consent
Agenda
Ordinance
Z-18-09
COND. USE/
2514 BALLARD:
Ordinance
Z-19-09
PAGE THREE 8/3/09
Moved by Haugeberg, seconded by Robinson, to concur
with the Mayor's recommendation to approve an
ordinance amending the Liquor License ordinance to
reflect changes due to the yearly renewal period; and
further recommend to place on First Reading Ordinance
M-33-09, AN ORDINANCE AMENDING TITLE 4, "BUSINESS
REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS,"
SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES
PLAINES CITY CODE. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to concur
with Staff recommendation to approve a Conditional
Use Permit to legalize the operation of a Dog
Grooming Operation (Domestic Pet Service) at 620 E.
Central in a C-3 General Commercial District; and
further recommend to place on First Reading Ordinance
Z-18-09, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE
PERMIT TO PERMIT A DOG GROOMING FACILITY AT 620 E.
CENTRAL ROAD, DES PLAINES, ILLINOIS. (CASE #09 -024 -
CU). Motion declared carried as approved unanimously
under Consent Agenda.
Motion by Brookman to TABLE Ordinance Z-19-09 AN
ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO
PERMIT AN OFFICE BUILDING AT 2514 BALLARD ROAD, DES
PLAINES, ILLINOIS. (Case #09 -019 -CU). MOTION DIED
FOR LACK OF A SECOND.
Moved by Argus, seconded by Robinson, to concur with
Staff recommendation to approve a Conditional Use
Permit to allow Construction and Operation of an
Office Building in a C-1 District Neighborhood
Shopping District at 2514 Ballard Road; and further
recommend to place on First Reading Ordinance Z-19-
09, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE
PERMIT TO PERMIT AN OFFICE BUILDING AT 2514 BALLARD
ROAD, DES PLAINES, ILLINOIS. (Case #09 -019 -CU).
Alderman Brookman asked if there was flexibility in
providing 20 spaces now or providing 10 spaces now
and adding 10 later. Director of Community &
Economic Development Conlan explained that the Zoning
Code does not allow less than the required number of
spaces. Director of Community & Economic Development
Conlan stated that the Council would be approving the
conditional use permit tonight.
Mrs. Aeehee Yum, 2514 E. Ballard Road, addressed the
City Council and stated that she did not understand
why the parking has to be an issue. The blueprint
was designed according to the City Code and they are
willing to provide the 20 parking spaces. Upon roll
91-
2514 BALLARD:
(Cont'd)
FENCE AGR./
UNION PACIFIC
RAILROAD:
Consent
Agenda
Resolution
R-118-09
CDBG ANNUAL
ACTION PLAN:
Consent
Agenda
Resolution
R-120-09
PURCHASE TWO
DUMP TRUCKS:
Resolution
R-121-09
PAGE FOUR 8/3/09
call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz,
Brookman, Walsten, Wilson, Argus
NAYS: 0 -None
ABSENT: 1-Higgason
Motion declared carried.
Moved by Haugeberg, seconded by Robinson, to concur
with Staff recommendation to approve Addendum to
Decorative Fence Agreement between the Union Pacific
Railroad and the City of Des Plaines to allow
additional decorative fencing on the Union Pacific
Right of Way; and further recommend to adopt
Resolution R-118-09, A RESOLUTION APPROVING THE
ADDENDUM TO DECORATIVE FENCE AGREEMENT BETWEEN THE
UNION PACIFIC RAILROAD AND THE CITY OF DES PLAINES.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to concur
with Staff recommendation to approve City's
Community Development Block Grant (CDBG) Action Plan
for program year October 1, 2009 to September 30,
2010, as presented at a Public Hearing held August 3,
2009; authorize Mayor and City Clerk to execute and
submit all required documents to the U.S. Department
of Housing and Urban Development (HUD); and further
recommend to adopt Resolution R-120-09, A RESOLUTION
APPROVING THE CITY OF DES PLAINES 2009-10 ANNUAL
ACTION PLAN. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Walsten, seconded by Argus, to concur with
Staff recommendation, in the best interest of the
City, to approve Purchase through the State of
Illinois, Central Management Services bid process of
Two (2) Dump Trucks from Prairie International
Trucks, Inc., 401 South Dirksen Parkway, Springfield,
Illinois 62703, in the amount of $104,202.00 per
vehicle for a total of $208,404.00 - Capital
Equipment Replacement Fund; and further recommend to
adopt Resolution R-121-09, A RESOLUTION AUTHORIZING
THE PURCHASE OF TWO FIVE -TON DUMP TRUCKS THROUGH THE
ILLINOIS STATE BID PROCESS AT A TOTAL COST OF
$208,404.00. Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Bogusz,
Brookman, Walsten, Argus
NAYS: 0 -None
ABSTAIN:1-Wilson (conflict of interest)
ABSENT: 1-Higgason
Motion declared carried.
ADVERTISING
FOR BIDS/FENCE
INSTALLATION:
Consent
Agenda
APPOINTMENT:
Consent
Agenda
ORDINANCE
M-30-09
PARKING/
183 E. RIVER:
Consent
Agenda
WARRANT
REGISTER:
LAND LEASE/
TRAILSIDE:
PAGE FIVE 8/3/09
Moved by Haugeberg, seconded by Robinson, to concur
with Staff recommendation to authorize City Clerk to
advertise for bids for Decorative Fence Installation,
returnable by 3:00 p.m., Wednesday, August 19, 2009.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to approve
Mayoral appointment of Mario Palacios, Jr. to the
Board of Fire and Police Commissioners, term to
expire April 30, 2012. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to adopt
Ordinance M-30-09, AN ORDINANCE AUTHORIZING
ENFORCEMENT OF THE PROVISIONS OF THE ILLINOIS VEHICLE
CODE AND CITY OF DES PLAINES MUNICIPAL ORDINANCES ON
PRIVATE PROPERTY IN THE EAST RIVER ROAD TOWNHOME
ASSOCIATION COMPLEX LOCATED AT 183 EAST RIVER ROAD,
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 Bogusz, Vice
Chair
Moved by Haugeberg, seconded by Walsten, to recommend
to the City Council approval of the August 3, 2009 -
Warrant Register, in the total amount of
$2,850,155.76; and further recommend that Resolution
R-122-09 be adopted at appropriate time this evening.
Motion declared carried.
COMMUNITY DEVELOPMENT - Alderman Argus, Chair
Director of Community & Economic Development Conlan
reviewed his memorandum of June 26, 2009; the request
of Mr. Robert Miner to vacate the unimproved portion
of Trailside Lane adjacent to his property, as well
as the Staff recommendation supporting a land lease,
rather than a vacation, of this public Right -of -Way.
Alderman Walsten stated that he would vote no.
Alderman Brookman stated that he would vote no to a
land lease.
Ms. Lisa DuBrock, 2232 Ottawa, addressed the
Committee of the Whole and presented a Petition to
Deny the Vacation of Property Described as the Public
Street (Trailside) located directly to the West of
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PAGE SIX 8/3/09
TRAILSIDE: 401 Trailside signed by residents of the Ottawa/Geri
(Cont'd) subdivision. Ms. DuBrock reviewed the reasons as
outlined in the petition.
Mr. John Milstead, 2515 Church Street, addressed the
Committee of the Whole and asked about ingress and
egress in that area.
Mr. Robert Miner, 401 Trailside Lane, addressed the
Committee of the Whole and stated that he has lived
at this address since 1975. Mr. Miner has requested
that the unimproved portion of Trailside Lane
adjacent to his property be vacated and that he was
not interested in a land lease.
Director of Engineering Oakley stated that he was
against diminishing the right of way.
Fire Chief Jaeger stated that it was difficult to
maneuver fire trucks in the area.
Alderman Walsten asked who owns the property.
Assistant City Attorney Bartel stated that litigation
regarding this issue has reached the Appellate Court
and that the south side of Trailside is in
litigation.
Ms. Patricia Beauvais, 547 Webford Lane, addressed
the Committee of the Whole, and stated that the
Trailside area is unique; Bellaire as well as Geri
are a hazard; the emergency gate at Bay Colony no
longer exists; Cook County Forest Preserve has spent
many dollars for improvements; the City of Des
Plaines needs to determine what it wants; what is the
plan for that area; there are no sidewalks; there are
problems with Ottawa and Geri; and in August, 2000
prior to development, a letter from Mrs. Meyer was
never acknowledged and a response never given.
Alderman Argus stated that she was opposed to
vacating or leasing the property.
Alderman Brookman stated that he would like to see it
left as it is.
Moved by Brookman, seconded by Argus to DENY
Trailside Lane Land Lease and Resolution R-78-09, A
RESOLUTION AUTHORIZING THE EXECUTION OF A LAND LEASE
BETWEEN THE CITY OF DES PLAINES AND ROBERT, DIANE AND
KATHLEEN MINER FOR PROPERTY LOCATED ON TRAILSIDE
LANE. Motion declared carried. Alderman Walsten
voted no.
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PAGE SEVEN 8/3/09
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
WARRANT Moved by Robinson, seconded by Walsten, to concur
REGISTER: with recommendation of Committee of the Whole to
adopt Resolution R-122-09, BE IT RESOLVED BY THE CITY
Resolution COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING
R-122-09 BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY
CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT
FOR SAME. Total: $2,850,155.76. Upon roll call, the
vote was:
AYES: 7-Haugeberg, Robinson, Bogusz,
Brookman, Walsten, Wilson, Argus
NAYS: 0 -None
ABSENT: 1-Higgason
Motion declared carried.
LAND LEASE/ Moved by Brookman, seconded by Bogusz to DENY
TRAILSIDE: Trailside Lane Land Lease and Resolution R-78-09, A
RESOLUTION AUTHORIZING THE EXECUTION OF A LAND LEASE
BETWEEN THE CITY OF DES PLAINES AND ROBERT, DIANE AND
KATHLEEN MINER FOR PROPERTY LOCATED ON TRAILSIDE
LANE. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz,
Brookman, Wilson, Argus
NAYS: 1-Walsten
ABSENT: 1-Higgason
Motion declared carried.
ADJOURNMENT: Moved by Haugeberg, seconded by Robinson, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 8:31 p.m.
Gloria J. Ludwig - CITY CLERK
APPROVED BY ME THIS (3'4`---