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10/05/2009MINUTES 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, OCTOBER 5, 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, October 5, 2009. ROLL CALL: Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus. Also present were: Assistant City Manager Slowinski, Director of Finance Wisniewski, Police Chief Prandini, Fire Chief Wax, Deputy Fire Chief Eilken, Director of Engineering & Public Works Oakley, Director of Information Technology Duebner, Director of Human Resources Earl, Director of Community and Economic Development Conlan and City Attorney Wiltse. PRAYER AND The opening prayer was given by Reverend Steve PLEDGE: Hjelle, Evangelical Free Church, followed by the Pledge of Allegiance to the Flag. CITIZEN Mr. Michael Lake, 1538 Campbell, addressed the City PARTICIPA.: Council and gave details of two events: Halloween Decorating Contest sponsored by the Friends of the Parks and a program at the Des Plaines Library for Veteran's Day, Wednesday, November 11 from 10 a.m. to 3 p.m. Mr. Andrew Samborski, 2108 Sherwin, addressed the City Council and expressed his appreciation of the generous residents of Des Plaines who support charitable organizations. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council and observed that the Fall Fest sponsored by the Des Plaines Park District, Des Plaines Chamber of Commerce and Des Plaines Historical Society was a great success. Mr. Burkross thanked Police Chief Prandini for his support in a recent motorcycle event. Mr. Burkross thanked Alderman Higgason for conducting a budget committee meeting. PAGE TWO 10/5/09 CITIZEN Ms. Mary Rita Francis, 675 S. Pearson Street, PARTICIPA.: addressed the City Council and reported two (Cont'd) overpasses which display graffiti. Police Chief Prandini will investigate. Mr. Paul Klein, 1845 Linden Avenue, addressed the City Council and stated that the issue of the trees on his property has not been resolved. Director of Engineering & Public Works Oakley stated that he will follow up. CONSENT Alderman Haugeberg requested that Items 3 and 3a be AGENDA: removed from the Consent Agenda; Alderman Robinson requested that Items 4 and 4a be removed; Alderman Brookman requested that Items 9 and 9a be removed; and Alderman Walsten requested that Item 12 be removed from the Consent Agenda. Moved by Higgason, seconded by Haugeberg, to establish a Consent Agenda except for Items 3, 3a, 4, 4a, 9, 9a and 12. Motion declared carried. Moved by Walsten; seconded by Brookman, 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; and Resolutions R-139-09, R- 140-09, R-141-09, and R-143-09 were adopted. MINUTES: Moved by Walsten, seconded by Brookman, to approve Consent minutes of the Regular Meeting of the City Council Agenda held September 8, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Brookman, to approve minutes of the Executive Session of the City Council held September 8, 2009. Motion declared carried as approved unanimously under Consent Agenda. ABANDONED Moved by Haugeberg, seconded by Higgason, to concur BICYCLES: with Staff recommendation to approve an ordinance establishing a procedure for addressing the issue of Ordinance abandoned bicycles in the City, and further recommend M-37-09 to place on First Reading Ordinance M-37-09, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND 1 PAGE TWO 10/5/09 CITIZEN Ms. Mary Rita Francis, 675 S. Pearson Street, PARTICIPA.: addressed the City Council and reported two (Cont'd) overpasses which display graffiti. Police Chief Prandini will investigate. Mr. Paul Klein, 1845 Linden Avenue, addressed the City Council and stated that the issue of the trees on his property has not,been resolved. Director of Engineering & Public Works Oakley stated that he will follow up. CONSENT Alderman Haugeberg requested that Items 3 and 3a be AGENDA: removed from the Consent Agenda; Alderman Robinson requested that Items 4 and 4a be removed; Alderman Brookman requested that Items 9 and 9a be removed; and Alderman Walsten requested that Item 12 be removed from the Consent Agenda. Moved by Higgason, seconded by Haugeberg, to establish a Consent Agenda except for Items 3, 3a, 4, 4a, 9, 9a and 12. Motion declared carried. Moved by Walsten, seconded by Brookman, 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; and Resolutions R-139-09, R- 140-09, R-141-09, and R-143-09 were adopted. MINUTES: Moved by Walsten, seconded by Brookman, to approve Consent minutes of the Regular Meeting of the City Council Agenda held September 8, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Brookman, to approve minutes of the Executive Session of the City Council held September 8, 2009. Motion declared carried as approved unanimously under Consent Agenda. ABANDONED Moved by Haugeberg, seconded by Higgason, to concur BICYCLES: with Staff recommendation to approve an ordinance establishing a procedure for addressing the issue of Ordinance abandoned bicycles in the City, and further recommend M-37-09 to place on First Reading Ordinance M-37-09, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND III PAGE THREE 10/5/09 M-37-09 TRAFFIC," CHAPTER 8, "ABANDONED, WRECKED VEHICLES," (Cont'd) OF THE CITY OF 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. COND. USE/ 1480 E. OAKTON: Ordinance Z-17-09 Director of Community and Economic Development Conlan answered questions from the Aldermen regarding the number of parking spaces required at 1480 E. Oakton Street. Moved by Walsten, seconded by Argus, to concur with Staff recommendation to authorize a Conditional Use for the Bulgarian Evangelical Church of God located at 1480 E. Oakton Street with an offsite parking agreement, 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 SET BACK 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. REDUCTION OF Moved by Walsten, seconded by Brookman, to concur PUB. IMPR. with Staff recommendation to grant request for SURETY/ Reduction of Public Improvement Surety for Concord 755 SEEGERS: Commons II Townhouse Development, 755 Seegers Road, Consent from $833,066 to $133,290.65 (84% reduction); and Agenda further recommend to adopt Resolution R-139-09, A RESOLUTION APPROVING A SECOND REDUCTION OF PUBLIC Resolution IMPROVEMENT SURETY FOR CONCORD COMMONS II TOWNHOUSE R-139-09 DEVELOPMENT LOCATED AT 755 SEEGERS ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. HIGHWAY AUTH. Moved by Walsten, seconded by Brookman, to concur AGR./ with Staff recommendation to approve Highway 333 HOWARD: Authority Agreement NFR (No Further Remediation) Consent Letter with CIBA Vision Corporation, 333 East Howard Agenda Street; and further recommend to adopt Resolution R- 140-09, A RESOLUTION AUTHORIZING THE EXECUTION OF A HIGHWAY AUTHORITY AGREEMENT BETWEEN CIBA VISION 1 1 RESOLUTION R-140-09 (Cont' d) ILLINOIS TOLL AUTH. AGR./I-294: Consent Agenda Resolution R-141-09 ASPHALT PURCHASE/ ORANGE CRUSH: Consent Agenda Resolution R-143-09 PURCHASE SCBA/FIRE DEPT.: Resolution R-144-09 REJECT BIDS/ SPRAY PATCHER OIL TANK TRANSFER EQUIP.: Consent Agenda PAGE FOUR 10/5/09 CORPORATION AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Brookman, to concur with Staff recommendation to approve Intergovernmental Addendum Agreement between the City of Des Plaines and the Illinois State Toll Highway Authority for Improvement of the Northbound I-294 Tollway South of Ballard Road to South of Willow Road; and further recommend to adopt Resolution R- 141-09, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL ADDENDUM AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Brookman, to concur with Staff recommendation, to accept the lowest bid material unit price for asphalt from Orange Crush, LLC, at a price not to exceed $50,000.00 (Capital Projects Fund); and further recommend to adopt Resolution R-143-09, A RESOLUTION ACCEPTING THE PROPOSAL FROM ORANGE CRUSH, LLC FOR THE PURCHASE OF HOT MIX ASPHALT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Walsten, that the purchase of seven (7) Self Contained Breathing Apparatus (SCBA) Harness, Back -plate and Regulator Assemblies and Resolution R-144-09 be POSTPONED until the next Council meeting on October 19, 2009, for additional information. 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 Brookman, to concur with Staff recommendation to reject bids received on July 1, 2009 for spray patcher and oil transfer tank equipment because a more cost-effective and efficient operation can be employed to patch potholes year- round. Motion declared carried as approved unanimously under Consent Agenda. J4V ADVERTISE FOR BIDS/ PORTABLE ASPHALT HOT BOX: Consent Agenda ADVERTISE FOR BIDS/2010 CURBSIDE CALENDAR: LIQUOR LICENSE/ 1535 ELLINWOOD: Consent Agenda LIQUOR LICENSE / 1472 MARKET ST.: Consent Agenda APPOINTMENT: Consent Agenda ORDINANCE M-35-09 LIQUOR LICENSE/ 1285 ELMHURST RD.: Consent Agenda PAGE FIVE 10/5/09 Moved by Walsten, seconded by Brookman, to concur with Staff recommendation to authorize the City Clerk to advertise for bids for a Portable Asphalt Hot Box with a return date of Wednesday, October 28, 2009 at 3:00 p.m. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Argus, to concur with Staff recommendation to authorize the City Clerk to advertise for bids for the City of Des Plaines 2010 Curbside Calendar with a return date of Wednesday, October 21, 2009 at 3:00 p.m. 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 Brookman, to concur with Staff recommendation to approve Change of Ownership for Class A Tavern Liquors Dealers License for El Sancho, LLC., d/b/a Lalo's, 1535 Ellinwood, Des Plaines, Illinois. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Brookman, to concur with Staff recommendation to approve Change of Ownership for Class A Tavern Liquors Dealers License for Cheeseburger of Des Plaines LLC., d/b/a Cheeseburger in Paradise, 1472 Market Street, Des Plaines, Illinois. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Brookman, to approve Mayoral appointment of Ms. Evelyn Watts to the Youth Commission (term to expire 12/01/11). Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Brookman, to adopt 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. PAGE SIX 10/5/09 ORDINANCE Moved by Walsten, seconded by Brookman, to adopt M-36-09 Ordinance M-36-09, AN ORDINANCE AMENDING TITLE 4, LIQUOR "BUSINESS REGULATIONS," CHAPTER 5, "LICENSE FEES AND LICENSE/ NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE 1526 MINER: CLASS H-1 LIQUOR LICENSE FOR OSAKA SUSHI & BENTO, Consent INC., D/B/A DOTOMBORI JAPANESE RESTAURANT, LOCATED AT Agenda 1526 MINER 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 Haugeberg, seconded by Argus, to recommend REGISTER: to the City Council approval of the October 5, 2009 - Warrant Register, in the total amount of $2,780,247.98; and further recommend that Resolution R-145-09 be adopted at appropriate time this evening. Motion declared carried. GEN. OBLIG. Director of Finance Wisniewski and Speer Financial REFUNDING Vice President Barbara Chevalier presented and BONDS/SERIES answered questions from the alderman regarding 2009A: refinancing of debt in TIF #6 and reviewed Director of Finance Wisniewski's memorandum dated September 29, 2009. Mr. Dion Kendrick, 943 Webster Lane, addressed the Committee of the Whole and thanked Alderman Higgason for copies of the budget. Mr. Kendrick asked about TIF #6 and the property taxes that come from Pot Belly, Starbucks, Cafe' La Cave and Royal Carwash; if Ace Rental is paying rent for its land. City Attorney Wiltse responded that a City exemption exists and if rent is paid, property taxes will be collected. Director of Finance Wisniewski responded to Mr. Kendrick's questions regarding refinancing, revenue and bond interest. Mr. Kendrick asked how many years out if the total debt is stretched beyond 2011 or 2012. Ms. Chevalier responded to 2023. Mr. Kendrick agreed that refinancing was a good thing to do. Mr. Gary Danfield, 6019 N. Winthrop, Chicago, addressed the Committee of the Whole and stated that there were water problems in TIF #6 and advised the City Council to put money in the treasury. �� PAGE SEVEN 10/5/09 BONDS/SERIES Mr. Brian Burkross, 2133 Webster Lane, addressed the 2009A: Committee of the Whole and stated that there should (Cont'd) not be too many TIFs and that TIF #6 has not recovered as predicted. In response to Mr. Burkross's question regarding the current Bond rating, Director of Finance Wisniewski stated AA3. Ms. Chevalier stated that the rating would be reaffirmed in 3 to 5 years. Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the Committee of the Whole and asked how much is owed for TIF #6 and when is it scheduled to be paid back. Director of Finance Wisniewski responded 2017. Alderman Brookman requested a spreadsheet regarding Ace Car Rental. Moved by Higgason, seconded by Argus, to recommend to the City Council approval to authorize the issuance of $3,127,752.00 Taxable General Obligation (Capital Appreciation) Refunding Bonds, Series 2009A; and further recommend that Ordinance M-38-09 be placed on First Reading at appropriate time this evening. Motion declared carried. AMEND AGENDA: Moved by Higgason, seconded by Bogusz, to move Item 1(e) $4,250,000 General Obligation Refunding Bonds, Series 2009B - ORDINANCE M-41-09 forward for discussion. Motion declared carried. GEN. OBLIG. Director of Finance Wisniewski and Speer Financial REFUNDING Vice President Barbara Chevalier presented and BONDS/SERIES answered questions from the Aldermen regarding 2009B: $4,250,000 General Obligation Refunding Bonds, Series 2009B and reviewed Director of Finance Wisniewski's memorandum dated September 29, 2009. Mr. Dion Kendrick, 943 Webster Lane, addressed the Committee of the Whole and asked about the rate to pay off the bonds. Director of Finance Wisniewski stated that there would be an initial saving of 4.18%; interest at 2.15%; net of all costs would equal a 2% savings. Moved by Argus, seconded by Wilson, to recommend to the City Council approval authorizing the issuance of $4,250,000.00 in General Obligation Refunding Bonds, BONDS/SERIES 2009B: (Cont' d) TRANSFER FUNDS TIF #1 TO TIF #5: 1 MOTOR FUEL TAX ORDINANCE UPDATE: WARRANT REGISTER: 111 PAGE EIGHT 10/5/09 Series 2009B; and further recommend that Ordinance M- 41-09 be placed on First Reading at appropriate time this evening. Motion declared carried. Director of Community and Economic Development Conlan and Director of Finance Wisniewski presented and answered questions from the Aldermen regarding transferring of funds from TIF #1 to TIF #5 and reviewed Director of Community and Economic Development Conlan and Director of Finance Wisniewski's memorandum dated September 11, 2009. Mr. Dion Kendrick, 943 Webster Lane, addressed the Committee of the Whole and asked about transferring funds from TIF #1 to TIF #5. Director of Finance Wisniewski responded that this would pay the eligible expenses within TIF District #5. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole and requested a copy of the budget for the last 15 years. Director of Finance Wisniewski will provide Mr. Burkross with that information. Moved by Walsten, seconded by Robinson, to recommend to the City Council approval to authorize the transfer of $854,714 from TIF District #1 to TIF District #5 for the payment of eligible expenses within TIF District #5; and further recommend that Ordinance M-39-09 be placed on First Reading at the appropriate time this evening. Motion declared carried. Director of Finance Wisniewski presented and answered questions from the Aldermen regarding collection of motor fuel tax and reviewed Director of Finance Wisniewski's memorandum dated September 21, 2009. Moved by Robinson, seconded by Bogusz, to recommend to the City Council approval changing Section 4-3F-3, "Collection of Tax"; and further recommend that Ordinance M-40-09 be placed on First Reading at the 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 Haugeberg, to concur with recommendation of Committee of the Whole to RESOLUTION R-145-09 (Cont' d) GEN. OBLIG. REFUNDING BONDS/ SERIES 2009A: Ordinance M-38-09 TRANSFER FUNDS TIF #1 TO TIF #5: Ordinance M-39-09 MOTOR FUEL TAX ORDINANCE UPDATE: Ordinance M-40-09 GEN. OBLIG. REFUNDING BONDS/ SERIES 2009B: Ordinance M-41-09 PAGE NINE 10/5/09 adopt Resolution R-145-09, 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 CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,780,247.98. 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 Higgason, seconded by Argus, to authorize the issuance of $3,127,752 Taxable General Obligation (Capital Appreciation) Refunding Bonds, Series 2009A; and further recommend to place on First Reading Ordinance M-38-09, AN ORDINANCE AUTHORIZING THE ISSUANCE OF TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009A, OF THE CITY OF DES PLAINES, ILLINOIS. Motion declared carried. Moved by Higgason, seconded by Walsten, to authorize the transfer of $854,714 from TIF District #1 to TIF District #5 for the payment of eligible expenses within TIF District #5; and further recommend to place on First Reading Ordinance M-39-09, AN ORDINANCE OF THE CITY OF DES PLAINES REGARDING TRANSFER OF FUNDS FROM TIF DISTRICT NO. 1 TO TIF DISTRICT NO. 5. Motion declared carried. Moved by Higgason, seconded by Argus, to change Section 4-3F-3, "Collection of Tax"; and further recommend to place on First Reading Ordinance M-40- 09, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 3, "MUNICIPAL OCCUPATION TAXES," ARTICLE F., "MOTOR FUEL TAX," SECTION 3, "COLLECTION OF TAX," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried. Moved by Higgason, seconded by Argus, to authorize the issuance of $4,250,000 in General Obligation Refunding Bonds, Series 2009B; and further recommend to place on First Reading Ordinance M-41-09, AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009B, OF THE CITY OF DES PLAINES, ILLINOIS. Motion declared carried. PETITIONS/ Petitions were received in the City Clerk's Office on SPEED BUMPS: September 25, 2009 requesting immediate placement of 4g.4 111 PAGE TEN 10/5/09 CAROL LN. & speed bumps in the 1300 blocks of Carol Lane and WEBSTER: Webster. (Cont' d) ORDINANCE M-37-09 ABANDONED BICYCLES: Moved by Bogusz Petitions for Motion declared , seconded by Robinson, to refer the speed bumps to Staff for review. carried. Moved by Bogusz, seconded by Higgason, to adopt Ordinance M-37-09, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 8, "ABANDONED, WRECKED VEHICLES," OF THE CITY OF 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. ADJOURNMENT: Moved by Robinson, seconded by Haugeberg, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:05 p.m. APPROVED BY ME THIS o� it)13 R ga,„Thz;j, Gloria J. Lu wig - CITY It,ERK