09/21/2009MINUTES 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, SEPTEMBER 21, 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 6:00 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic
Center on Monday, September 21, 2009.
ROLL CALL:
Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Higgason, Brookman,
Walsten, Wilson, and Argus.
Also present were: City Manager Bajor, Director of Finance
Wisniewski, Police Chief Prandini, Acting Fire Chief Eilken, Director
of Public Works and Engineering Oakley, Director of Information
Technology Duebner, Director of Community & Economic Development
Conlan and Assistant City Attorney Bartel.
EXECUTIVE Moved by Haugeberg, seconded by Robinson, to go into
SESSION: Executive Session to discuss personnel and collective
bargaining. 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 City Council recessed at 6:01 p.m.
The City Council reconvened at 7:07 p.m.
Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Higgason, Brookman,
Walsten, Wilson, and Argus.
PRAYER AND The opening prayer was given by The Reverend Gary
PLEDGE: Houdek of the Golf Road Baptist Church, followed by
the Pledge of Allegiance to the Flag.
PROCLAMATION: Mayor Moylan proclaimed the month of September
"National Alcohol and Drug Addiction Recovery Month"
and presented the proclamation to Margaret Polovchak,
Executive Director of the Maine Community Youth
Assistance Foundation.
CITIZEN Mr. Mike Elliot, 1678 Campbell Avenue, addressed the
PARTICIPA.: City Council and stated his observations of the
PAGE TWO 9/21/09
CITIZEN property at Levee 37. Mr. Elliot encouraged the City
PARTICIPA.: Council to continue its efforts to keep track of the
(Cont'd) progress and its effect on the Des Plaines River.
Mr. Dick Sayad, 290 Shannon Court, addressed the City
Council and suggested that a warning sign should be
installed ahead of the intersection where the red
light camera is located.
Mr. Sayad stated that he will be circulating
petitions to change the Des Plaines Library to a
separate entity and that the Board members should be
elected. Mr. Sayad reminded the City Council to keep
the taxpayers in mind during the upcoming budget
hearings.
Mr. Paul Klein, 1845 Linden, addressed the City
Council and stated that he had a problem with trees
next to his driveway causing damage to his vehicles.
Mr. Klein requested that the Forestry Department trim
one tree and remove the other. Mr. Oakley stated
that he would take the information and follow up with
Staff.
EXECUTIVE Moved by Robinson, seconded by Argus, to concur with
SESSION: the consensus reached in Executive session that the
City Council accept the proposal of Management
Marketing Services, Inc., 401 Huehl Road, Suite 1-A,
Northbrook, IL 60062-2300, to pay past due amounts
for 2007 and 2008 maintenance of the Library Parking
Garage at 701 Lee Street in six (6) monthly
installments of $21,237.68 subject to the following
conditions:
1. The City reserves the right to file a lawsuit if
any payment is not received on its due date.
2. The 2009 past due maintenance is brought current
by continuing the monthly payments after the
2007 and 2008 maintenance is paid.
3. Current maintenance obligations are paid
quarterly and on time.
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.
0'
CONSENT
AGENDA:
LIQUOR
LICENSE/
1285 Elmhurst
Rd.:
Consent
Agenda
Ordinance
M-35-09
LIQUOR
LICENSE/
1526 Miner:
Consent
Agenda
Ordinance
M-36-09
PAGE THREE 9/21/09
Alderman Walsten requested that Items 4 and 4a be
removed from the Consent Agenda. Alderman Bogusz
requested that Item 8 be removed from the Consent
Agenda.
Moved by Higgason, seconded by Brookman, to establish
a Consent Agenda except for Items 4, 4a and 8.
Motion declared carried.
Moved by Robinson, seconded by Higgason, 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-35-09 and M-36-
09 were placed on First Reading; Ordinance Z-21-09,
Resolutions R-127-09, R-133-09, R-135-09, and R-136-
09 were adopted.
Moved by Robinson, seconded by Higgason, to concur
with the Mayor's recommendation to approve an
ordinance granting a new Class A Liquor License for
0 -BA Contemporary Sushi Corp., d/b/a 0 -BA
Contemporary Sushi, 1285 B Elmhurst Road; and further
recommend to place on First Reading Ordinance M-35-
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 0 -BA CONTEMPORARY SUSHI CORP., D/B/A 0 -BA
CONTEMPORARY SUSHI, LOCATED AT 1285 B ELMHURST ROAD,
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Higgason, to concur
with the Mayor's recommendation to approve an
ordinance granting a new Class H-1 Restaurant Liquor
License for Osaka Sushi & Bento, Inc., d/b/a
Dotombori Japanese Restaurant, 1526 Miner Street; and
further recommend to place on First Reading Ordinance
M-36-09, AN ORDINANCE AMENDING TITLE 4, "BUSINESS
REGULATIONS," CHAPTER 5, "LICENSE FEES AND NUMBER,"
OF THE DES PLAINES CITY CODE TO ADD ONE CLASS H-1
LIQUOR LICENSE FOR OSAKA SUSHI & BENTO, INC., D/B/A
DOTOMBORI JAPANESE RESTAURANT, LOCATED AT 1526 MINER
STREET, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
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PAGE FOUR 9/21/09
ROCK SALT Moved by Robinson, seconded by Higgason, to concur
PURCHASE: with Staff recommendation in the best interest of the
Consent City, to waive normal bid procedures and to accept
Agenda the rock salt bid award through the State of Illinois
Central Management Services 2009-2010 Rock Salt
Resolution Procurement contract at a cost of $75.18 per ton for
R-127-09 6,000 tons with the total amount not to exceed
$451,080.00 from Morton International Inc. Morton
Salt Division, 123 N. Wacker Drive, Chicago, IL
60606; and further recommend to adopt Resolution R-
127-09, A RESOLUTION AUTHORIZING THE PURCHASE OF ROCK
SALT THROUGH ILLINOIS CENTRAL MANAGEMENT SERVICES.
Motion declared carried as approved unanimously under
Consent Agenda.
BID AWARD/ Moved by Robinson, seconded by Argus, to concur with
RAILROAD Staff recommendation to award the bid to Action Fence
FENCE Contractors, Inc., 945 Tower Road, Mundelein, IL
60060, for the installation of a decorative railroad
fence for downtown area adjacent to the Union Pacific
Resolution Railroad along the Metra train tracks and the
R-134-09 replacement of a chain link fence around the Golf
Road Retention Pond for a total amount not to exceed
$66,649.00 (Funds from Water/Sewer ($11,050) and TIF
#1 ($55,599); and further recommend to adopt
Resolution R-134-09, A RESOLUTION AUTHORIZING ACTION
FENCE TO INSTALL A DECORATIVE FENCE ALONG THE METRA
TRAIN TRACKS AND REPLACE A CHAIN LINK FENCE AROUND
THE GOLF ROAD RETENTION POND. Upon roll call, the
vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, Wilson, Argus
NAYS: 1-Walsten
ABSENT: 0 -None
Motion declared carried.
WATER MAIN Moved by Robinson, seconded by Higgason, to concur
AGR./ with Staff recommendation to approve the
ROSEMONT: Indemnification, Hold Harmless, and Waiver Agreement
Consent between the City of Des Plaines, Village of Rosemont,
Agenda and Rosemont Park District for Replacement of Water
Main as part of the Harlem & Irving Project at
Resolution Mannheim and Higgins Roads; and further recommend to
R-135-09 adopt Resolution R-135-09, A RESOLUTION AUTHORIZING
THE EXECUTION OF A HOLD HARMLESS AGREEMENT BETWEEN
THE CITY OF DES PLAINES, THE VILLAGE OF ROSEMONT, AND
THE ROSEMONT PARK DISTRICT. Motion declared carried
as approved unanimously under Consent Agenda.
IDOT/ DES
PLAINES RIVER
ROAD:
Consent
Agenda
Resolution
R-136-09
EARLY
RETIREMENT
INCENTIVE:
Consent
Agenda
Resolution
R-133-09
APPOINTMENT:
APPOINTMENTS:
Consent
Agenda
1
ORDINANCE
Z-21-09
EXTEND PRELIM.
PUD/254
LAUREL:
Consent
Agenda
APPOINTMENTS:
IN
PAGE FIVE 9/21/09
Moved by Robinson, seconded by Higgason, to concur
with Staff recommendation to approve Letter of Intent
with the Illinois Department of Transportation (IDOT)
regarding River Road Reconstruction between Touhy and
Devon Avenues; and further recommend to adopt
Resolution R-136-09, A RESOLUTION AUTHORIZING THE
EXECUTION OF A LETTER OF INTENT FROM THE ILLINOIS
DEPARTMENT OF TRANSPORTATION REGARDING THE
RECONSTRUCTION AND JURISDICTIONAL TRANSFER OF DES
PLAINES RIVER ROAD. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Higgason, to concur
with Staff recommendation to approve the adoption of
an Early Retirement Incentive Program; and further
recommend to adopt Resolution R-133-09, A RESOLUTION
ALLOWING FOR THE ADOPTION OF AN EARLY RETIREMENT
INCENTIVE PROGRAM OFFERED BY THE CITY OF DES PLAINES.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Bogusz, seconded by Haugeberg, to appoint
Mrs. Susan Moylan Krey to the Library Board of
Trustees (term to expire 6/30/10). Motion declared
carried.
Moved by Robinson, seconded by Higgason, to appoint
Ms. Sally Kosmicki to the Youth Commission (term to
expire 12/01/11). Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Higgason, to appoint
Mr. Alejandro Perez to the Plan Commission (term to
expire 4/30/15). Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Robinson, seconded by Higgason, to concur
with Staff recommendation to adopt Ordinance Z-21-09,
AN ORDINANCE GRANTING A 12 MONTH EXTENSION FOR PHASE
II OF THE CONDITIONAL USE FOR THE PRELIMINARY PLANNED
UNIT DEVELOPMENT GRANTED BY ORDINANCE Z-21-05 FOR THE
PROPERTY COMMONLY KNOWN AS 254 LAUREL AVENUE, DES
PLAINES, (Case #05 -31 -PUD -A). Motion declared
carried as approved unanimously under Consent Agenda.
Being presented for consideration (no action
required) are the following Mayoral APPOINTMENTS:
YOUTH COMMISSION
Evelyn Watts - (replacing Eileen Finnander)
,w
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PAGE SIX 9/21/09
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 Haugeberg to recommend
REGISTER: to the City Council to remove two (2) Refundable
Bonds to Asbury Court (page 32) from the September
21, 2009 Warrant Register. Motion declared carried.
Moved by Walsten, seconded by Haugeberg, to recommend
to the City Council approval of the September 21,
2009 - Warrant Register, in the total amount of
$3,587,476.56 (less $500.00 to Asbury Court for
Refundable Bonds); and further recommend that
Resolution R-137-09 be adopted at appropriate time
this evening. Motion declared carried.
Moved by Haugeberg, seconded by Brookman, to approve
a refund of two bonds at $250.00 each for a total of
$500.00 to Asbury Court (Page 32 of the Warrant
Register). Motion declared carried. ABSTAIN:
Higgason (Stated that she is employed by Asbury Court
and to avoid the appearance of impropriety)
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-137-09, BE IT RESOLVED BY THE CITY
Resolution COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING
R-137-09 BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY
CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT
FOR SAME. Total: $3,587,476.56 (less $500.00 to
Asbury Court for Refundable Bonds). 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 Argus, to approve a
refund of two bonds at $250.00 each for a total of
$500.00 to Asbury Court (Page 32 of Warrant
Register). Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz,
Brookman, Walsten, Wilson, Argus
NAYS: 0 -None
Ar-
1
PAGE SEVEN 9/21/09
R-137-09 ABSTAIN:1-Higgason (Stated that she is employed by
(Cont'd) Asbury Court and to avoid the appearance of
impropriety)
ABSENT: 0 -None
Motion declared carried.
EXECUTIVE Moved by Higgason, seconded by Robinson, to reconvene
SESSION: into Executive Session to discuss personnel and
collective bargaining. Motion declared carried.
The City Council recessed at 8:01 p.m.
The City Council reconvened at 8:47 p.m.
Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Higgason, Brookman,
Walsten, Wilson, and Argus.
Moved by Walsten, seconded by Robinson, to concur
with the consensus reached in Executive Session and
that Staff proceed as directed regarding collective
bargaining. Alderman Argus voted no. Motion
declared carried.
ADJOURNMENT: Moved by Walsten, seconded by Robinson, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 8:50 p.m.
APPROVED BY ME THIS 11)8
Gloria J Ludwig - CITCLERK