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10/19/2009MINUTES 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 19, 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 19, 2009. ROLL CALL: Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus. Also present were: City Manager Bajor, Director of Finance Wisniewski, Deputy Police Chief Burton, Fire Chief Wax, Director of Public Works & Engineering Oakley, Director of Information Technology Duebner, Director of Human Resources Earl, Director of Community and Economic Development Conlan and Assistant City Attorney Bartel. PRAYER AND PLEDGE: The opening prayer was given by Father John Rallis, St. John the Baptist Greek Orthodox Church, followed by the Pledge of Allegiance to the Flag. CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the PARTICIPA.: City Council and advised senior citizens to carry a state identification card as well as a federal identification card when traveling out of town. CONSENT A resident requested that Items 5 and 5a be removed AGENDA: from the Consent Agenda; Alderman Haugeberg requested that Items 9 and 9a be removed; Alderman Higgason requested that Items 10 and 13 be removed from the Consent Agenda. Moved by Higgason, seconded by Argus, to establish a Consent Agenda except for Items 5, 5a, 9, 9a, 10 and 13. 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. CONSENT AGENDA: (Cont' d) MINUTES: Consent Agenda SALE OF COPIER: Consent Agenda Ordinance M-43-09 RECLASSIFY ZONING/ 2711 MANNHEIM RD. Ordinance Z-22-09 PAGE TWO 10/19/09 The minutes were approved; Staff recommendations and requests were approved; Ordinance M-43-09 placed on First Reading; Ordinances M-39-09, M-40-09, and Z-17- 09 were adopted; and Resolutions R-142-09, R-144-09, and R-147-09 were adopted. Moved by Robinson, seconded by Higgason, to approve minutes of the Special Meeting of the City Council held October 8, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Higgason, to approve minutes of the Executive Session of the Special City Council Meeting held October 8, 2009. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Higgason, to approve minutes of the Special Meeting of the City Council held October 13, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Higgason, to concur with Staff recommendation to authorize the sale of KIP Starprint 2052 STF printer/scanner to Clifford - Ward, 225 East Helen Road, Palatine, Illinois in the amount of $1,500.00; and further recommend to place on First Reading Ordinance M-43-09, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE WITH CITY CODE SECTION 1-12-4. Motion declared carried as approved unanimously under Consent Agenda. Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and asked why this property was being rezoned. Director of Community and Economic Development Conlan answered questions from Mr. Kendrick and the aldermen regarding reclassification of zoning for the Royal Touch Car Wash, 2711 Mannheim Road. Moved by Walsten, seconded by Robinson, to concur with Staff recommendation to approve Zoning Map Amendment Classification of a C-2 to a C-3 at 2711 Mannheim Road; and further recommend to place on First Reading Ordinance Z-22-09, AN ORDINANCE GRANTING A MAP AMENDMENT FROM C-2, LIMITED OFFICE COMMERCIAL TO C-3, GENERAL COMMERCIAL FOR THE PROPERTY LOCATED AT 2711 MANNHEIM ROAD, DES PLAINES, 1 Ordinance Z-22-09 (Cont' d) SIGN ORDINANCE: WATERSENSE PARTNERSHIP AGREEMENT WITH EPA: Consent Agenda Resolution R-142-09 PURCHASE SCBA/FIRE DEPT.: Consent Agenda Resolution R-144-09 GARAGE SALES/ YEARS 2010, 2011, 2012: Consent Agenda Resolution R-147-09 PAGE THREE 10/19/09 ILLINOIS (CASE #09-36-A). 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 Brookman, seconded by Walsten, that the Sign Ordinance be sent to the Community Development Committee to be reviewed and report back to the City Council at a later date. Motion declared carried. Moved by Robinson, seconded by Higgason, to concur with Staff recommendation to execute a Watersense Partnership Agreement between the Environmental Protection Agency (EPA) and the City of Des Plaines; and further recommend to adopt Resolution R-142-09, A RESOLUTION AUTHORIZING THE EXECUTION OF A WATERSENSE PARTNERSHIP AGREEMENT BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Higgason, to concur with Staff recommendation that it would be in the best interest of the City to waive usual bid procedures (sole distributor), and authorize the purchase of seven (7) PSS100+HP Self Contained Breathing Apparatus (SCBA) Harness, Back -plate and Regulator Assemblies (Draeger air -pack harnesses) from, AFC International, P.O. Box 894, DeMotte, Indiana 46310 in the amount of $15,704.50 (Small Equipment Grant Funds); and further recommend to adopt Resolution R-144-09, A RESOLUTION AUTHORIZING THE PURCHASE OF SEVEN DRAEGER SELF CONTAINED BREATHING APPARATUS HARNESS BACK -PLATES FROM AFC INTERNATIONAL AT A COST NOT TO EXCEED $15,704.50. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Higgason, to concur with Staff recommendation to approve the Annual Community Garage Sale Schedule for 2010, 2011, and 2012; and further recommend to adopt Resolution R- 147-09, A RESOLUTION SETTING THE DATES FOR THE ANNUAL COMMUNITY GARAGE SALE FOR THE NEXT THREE YEARS AND AUTHORIZING THE CITY OF DES PLAINES TO WAIVE THE INDIVIDUAL PERMIT FEES FOR EACH RESIDENCE THAT PARTICIPATES IN THE ANNUAL COMMUNITY GARAGE SALE. 1 rill PAGE FOUR 10/19/09 R-147-09 Motion declared carried as approved unanimously under (Cont'd) Consent Agenda. I -GO CAR Director of Public Works & Engineering Oakley and Mr. SHARING Richard Kosmacher, Business Development Manager of I - PARKING AGR: GO, answered questions from the aldermen regarding the I -GO Car Sharing program. Resolution R-148-09 Motion by Walsten, seconded by Haugeberg to suspend the rules to permit public input. Motion declared carried. Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and asked for details regarding fees involved and requirements of using the I -GO car. Mr. Richard Kosmacher, Business Development Manager of I - GO, responded that there is a joining fee; an annual member fee; requirements of the driver such as driver's license identification; and that the hourly rate to use the I -GO car includes insurance. Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and asked about funding sources. Mr. Richard Kosmacher, Business Development Manager of I - GO, responded that 90% of funding comes from member fees and hourly rates paid with 10% of funding from federal transportation fees obtained through state government. Moved by Haugeberg, seconded by Argus, to concur with Staff recommendation to execute a parking agreement with I -GO Car Sharing, 2125 W. North Avenue, Chicago, Illinois 60647 allowing I -GO to park two vehicles in City owned parking spaces for $30.00 per month per vehicle; and further recommend to adopt Resolution R- 148-09, A RESOLUTION AUTHORIZING THE EXECUTION OF THE I -GO PARKING AGREEMENT BETWEEN I -GO CAR SHARING AND THE CITY OF 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. ORDINANCE Moved by Higgason, seconded by Argus, to concur with M-38-09 Staff recommendation and to adopt Ordinance M-38-09 GEN. OBLIG. AS AMENDED, $3,127,752 General Obligation (Capital REFUNDING Appreciation) Refunding Bonds, Series 2009A; and BONDS/SERIES further recommend to adopt Ordinance M-38-09, AS 2009A: Ordinance M-38-09 (Cont' d) ORDINANCE M-39-09 TRANSFER FUNDS TIF #1 TO TIF #5: Consent Agenda ORDINANCE M-40-09 MOTOR FUEL TAX: Consent Agenda ORDINANCE M-41-09 GEN. OBLIG. REFUNDING BONDS/SERIES 2009B: ORDINANCE Z-17-09 1480 E. OAKTON: Consent Agenda PAGE FIVE 10/19/09 AMENDED AN ORDINANCE AUTHORIZING THE ISSUANCE OF TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009A, OF THE CITY OF DES PLAINES, ILLINOIS. 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 Robinson, seconded by Higgason, to concur with Staff recommendation 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 adopt 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 as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Higgason, to adopt 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 as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Argus, to concur with Staff recommendation and to adopt Ordinance M-41-09 AS AMENDED, $4,250,752 General Obligation Refunding Bonds, Series 2009B; and further recommend to adopt Ordinance M-41-09, AS AMENDED AN ORDINANCE AUTHORIZING THE ISSUANCE OF TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009B, OF THE CITY OF DES PLAINES, ILLINOIS. 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 Robinson, seconded by Higgason, to adopt 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). Motion declared carried as approved unanimously under 1 All PAGE SIX 10/19/09 Consent Agenda. APPOINTMENTS: Being presented for consideration (no action required) are the following Mayoral APPOINTMENTS: YOUTH COMMISSION Amanda (Mandy) Griffin - (replacing Margaret Polovchak) Jeffrey (Jeff) Griffin - (replacing Lisa Pigat) Mr. Jeffrey and Mrs. Amanda Griffin addressed the City Council, introduced themselves and thanked the City Council for the opportunity to serve the youth of Des Plaines as members of the Youth Commission. 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 19, 2009 - Warrant Register, in the total amount of $3,553,109.78; and further recommend that Resolution R-149-09 be adopted at appropriate time this evening. Motion declared carried. TIF #3 BOND Director of Finance Wisniewski presented and answered ANTICIPATION questions from the alderman regarding Taxable General NOTE: Obligation Bond Anticipation Notes, Series 2009 in an estimated amount of $600,000 to $610,000 and reviewed Director of Finance Wisniewski's memorandum dated October 8, 2009. Mr. Dion Kendrick, 943 Webster Lane, addressed the Committee of the Whole and stated that he observed that the City needs to do this because of the 6B exemptions approved by the last City Council. Moved by Haugeberg, seconded by Argus, to recommend to the City Council approval to authorize the issuance of Taxable General Obligation Bond Anticipation Notes, Series 2009; and further recommend that Ordinance M-42-09 be placed on First Reading at appropriate time this evening. Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. 1 1 PAGE SEVEN 10/19/09 WARRANT Moved by Higgason, seconded by Argus, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R-149-09, BE IT RESOLVED BY THE CITY Resolution COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING R-149-09 BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,553,109.78. 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. TIF #3 BOND Moved by Higgason, seconded by Haugeberg, to concur ANTICIPATION with the recommendation of the Committee of the Whole NOTE: to authorize the issuance of Taxable General Obligation Bond Anticipation Notes, Series 2009; and Ordinance further recommend to place on First Reading Ordinance M-42-09 M-42-09, AN ORDINANCE AUTHORIZING THE ISSUANCE OF TAXABLE GENERAL OBLIGATION BOND ANTICIPATION NOTES, SERIES 2009, OF THE CITY OF DES PLAINES, ILLINOIS. 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 Haugeberg, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:10 p.m. APPROVED BY ME THIS p(" Gloria J. Ludwig - CITY CLERK