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11/02/20091 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, NOVEMBER 2, 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, November 2, 2009. ROLL CALL: Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, and Argus. Alderman Argus left the meeting at 8:10 p.m. Also present were: City Manager Bajor, Assistant City Manager Slowinski, Director of Finance Wisniewski, Police Chief Prandini, Fire Chief Wax, Director of Public Works and Engineering Oakley, Director of Information Technology Duebner, Director of Community & Economic Development Conlan, Assistant City Attorney Bartel, and City Attorney Wiltse. EXECUTIVE Moved by Haugeberg, seconded by Robinson, to go into SESSION: Executive Session to discuss probable and imminent litigation and personnel. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 0 -None ABSENT: 0 -None Motion passed unanimously. PRAYER AND PLEDGE: The City Council recessed at 6:01 p.m. The City Council reconvened at 7:10 p.m. Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, and Argus. The opening prayer was given by The Reverend William Higginson of the First Presbyterian Church of Des Plaines, followed by the Pledge of Allegiance to the Flag. PROCLAMATION: Mayor Moylan proclaimed the week of November 8 - 14, 2009 as "Marine Week" and presented the Proclamation to Dick Ohman, Vince Powers and the local Marine Veterans. Mr. Powers addressed the City Council PAGE TWO 11/2/09 explaining the history of the Marine Corps. CITIZEN Mr. Mike Lake, 1538 Campbell, addressed the City PARTICIPA.: Council announcing the Veterans program being held at the Des Plaines Public Library on Veteran's Day, November 11, 2009 from 10 a.m. to 3 p.m. Mr. Lake encouraged everyone to attend this program. Mr. Nick Gianaris, Owner of the Citgo Gas Station, 1733 E. Oakton, addressed the City Council thanking the City Council for their support of past requests regarding his business. Mr. Gianaris stated that he is opposed to the 20 per gallon increase proposed of the motor fuel tax. Mr. Gianaris encouraged the City Council to notify business owners and residents to give their input when the increase is discussed. Mrs. Becky Danegger, 286 Pinehurst, and Ms. Cheryl Burke, 1318 Jeannette, addressed the City Council regarding how the Health and Human Services Department and Bessie's Table have worked together to provide services for the residents of Des Plaines. Dr. Michael Bagby, 810 E. Shady Lane, Arlington Heights, addressed the City Council outlining the important services that the Human Services Department provides and encouraged the City Council to find the funds to keep this department intact. Mrs. Mary Schurder, Executive Director of The Center of Concern, addressed the City Council explaining how the Human Services Department and The Center of Concern work together to serve the residents of Des Plaines. Mrs. Schurder asked who would take on the responsibilities if this department was eliminated. City Manager Bajor addressed the City Council and the audience explaining that an increase in contributions in the 2010 Budget was made for outside Social Service Agencies and the Des Plaines Senior Center to cover the services that will no longer be provided by the City. Ms. Angeline Pappas, 1645 S. River Road, addressed the City Council about controlling river flooding. Mrs. Margaret Polovchak, 94 E. Ashland Avenue, addressed the City Council regarding elimination of the Human Services Department. Mrs. Polovchak stated that Maine Township General Assistance only provides Public Aid enrollment, and that Maine Township is not 1 1 PAGE THREE 11/2/09 CITIZEN obligated to provide other human services for Des PARTICIPA.: Plaines residents. (Cont' d) Alderman Argus left the Council Chambers at 8:10 p.m. CONSENT Alderman Wilson requested that Items 11 and lla be AGENDA: removed from the Consent Agenda; Staff requested that Items 12 and 12a be removed; and Alderman Higgason requested that Item 20 be removed from the Consent Agenda. Moved by Haugeberg, seconded by Higgason, to establish a Consent Agenda except for Items 11, lla, 12, 12a and 20. Motion declared carried. Moved by Higgason, seconded by Walsten, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 6 -Robinson, Higgason, Brookman, Walsten, Wilson, Moylan NAYS: 0 -None ABSENT: 3 -Argus, Haugeberg, Bogusz Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinances Z-23-09 and Z-25- 09 were placed on First Reading; Resolutions R-150-09 and R-153-09 were adopted; Ordinances M-43-09 and Z- 22-09 were adopted. MINUTES: Moved by Higgason, seconded by Walsten, to approve Consent minutes of the Regular Meeting of the City Council Agenda held September 21, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Walsten, to approve minutes of the Executive Session of the City Council held September 21, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Walsten, to approve minutes of the Regular Meeting of the City Council held October 5, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Walsten, to approve minutes of the Special City Council Meeting of the City Council held October 6, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. ��� MINUTES: (Cont' d) COND. USE/ 999 E. TOUHY: Consent Agenda Ordinance Z-23-09 EXTEND COND. USE/2200 GOLF RD.: Consent Agenda Ordinance Z-25-09 CDBG SUBRECIPIENTS CONTRACTS: Consent Agenda Resolution 1 PAGE FOUR 11/2/09 Moved by Higgason, seconded by Walsten, to approve minutes of the Regular Meeting of the City Council held October 19, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Walsten, to approve minutes of the Special City Council Meeting of the City Council held October 22, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Walsten, to approve minutes of the Executive Session of the Special City Council Meeting of the City Council held October 22, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Walsten, to concur with Staff recommendation to approve a conditional use permit request for the operation of a building mounted commercial mobile radio service facility at 999 E. Touhy Avenue for Verizon Wireless; and further recommend to place on First Reading Ordinance Z-23- 09, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT A BUILDING MOUNTED COMMERCIAL MOBILE RADIO SERVICE FACILITY IN A C-2 DISTRICT AT 999 E. TOUHY AVENUE, DES PLAINES, ILLINOIS. (CASE #09 -038 - CU). Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Walsten, to concur with Staff recommendation to grant a 12 -month extension of the Conditional Use for the Planned Unit Development (PUD) for the Lexington Woods project located at 2200 Golf Road, Des Plaines until November 17, 2010; and further recommend to place on First Reading Ordinance Z-25-09, AN ORDINANCE GRANTING A 12 MONTH EXTENSION OF THE TIME REQUIREMENTS FOR COMPLIANCE WITH THE CONDITIONAL USE FOR THE PLANNED UNIT DEVELOPMENT GRANTED BY ORDINANCE Z-29-08 FOR THE PROPERTY COMMONLY KNOWN AS 2200 E. GOLF ROAD, DES PLAINES, (Case #07 -48 -PUD -A). Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Walsten, to concur with Staff recommendation to approve the Program Year 2009 Community Development Block Grant (CDBG) Subrecipient Contracts; and further recommend to adopt Resolution R-150-09, A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS BETWEEN THE CITY OF DES PLAINES AND VARIOUS NOT-FOR-PROFIT AGENCIES FOR THEIR R-150-09 (Cont' d) SOFTWARE LIC. FEES: Resolution R-151-09 POLICE DEPT./ ROBOT PURCHASE: Resolution R-152-09 AECOM/EECBG Consent Agenda Resolution R-153-09 1 PAGE FIVE 11/2/09 ASSISTANCE IN ADMINISTERING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Director of Information Technology Duebner answered questions from the aldermen regarding bidding for the most competitive prices and purchasing products through the State of Illinois program. Moved by Haugeberg, seconded by Higgason, to concur with Staff recommendation to approve the purchase of a 3 -year Microsoft Enterprise Agreement, inclusive of Core Client Access Licenses (CAL) and Servers, with a 3 -year renewal option for $140,080.31 payable in three annual installments; and further recommend waiver of the customary bid process since CDW Government, Inc. (CDWG) offers the lowest prices to the City when purchasing Microsoft products; and further recommend to adopt Resolution R-151-09, A RESOLUTION AUTHORIZING THE EXECUTION OF A MICROSOFT VOLUME LICENSING ENTERPRISE ENROLLMENT AGREEMENT BETWEEN MICROSOFT LICENSING, GP AND THE CITY OF DES PLAINES FOR DESKTOP SOFTWARE AND LICENSES. Upon roll call, the vote was: AYES: 5-Haugeberg, Robinson, Higgason Brookman, Moylan NAYS: 3-Bogusz, Walsten, Wilson ABSENT: 1 -Argus Motion declared carried. Moved by Robinson, seconded by Bogusz, that the purchase of a mechanical robot from Recon Robotics, 7700 W. 78th Street, Edina, Minnesota 55439, in the amount of $13,150.00 (federal asset forfeiture funds); and Resolution R-152-09 be POSTPONED until the Regular Council meeting on December 7, 2009, for additional information. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason Brookman, Walsten, Wilson NAYS: 0 -None ABSENT: 1 -Argus Motion declared carried. Motion by Higgason, seconded by Walsten, to concur with Staff recommendation to approve selection of AECOM, 303 East Wacker Drive, Suite 900, Chicago, Illinois 60601, as consultant for the Energy Efficiency and Conservation Block Grant (EECBG) Sustainability Plan, and enter into a contract in an Resolution R-153-09 (Cont' d) BID AWARD/ 2010 CURBSIDE CALENDAR: Consent Agenda ADVERTISE FOR BIDS/ 2009 CIP DRAINAGE IMPROVEMENTS/ CONTRACT D: Consent Agenda APPOINTMENTS: ORDINANCE M-43-09 SALE OF COPIER: Consent Agenda 1 PAGE SIX 11/2/09 amount not to exceed $69,062 (City's Energy Efficiency and Conservation Block Grant, escrow funds); and further recommend to adopt Resolution R- 153-09, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL AND AUTHORIZING THE EXECUTION OF A CONSULTING AGREEMENT WITH AECOM TECHNICAL SERVICES, INC., 303 EAST WACKER DRIVE, SUITE 900, CHICAGO, ILLINOIS 60601 FOR CONSULTING SERVICES FOR THE CREATION OF A COMPREHENSIVE SUSTAINABILITY PLAN FOR THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson NAYS: 0 -None ABSENT: 1 -Argus Motion declared carried. Moved by Higgason, seconded by Walsten, to concur with Staff recommendation to award bid for printing of 2010 Curbside Calendar to Presstech, 959 Lee Street, Des Plaines, Illinois 60016 in the amount of $9,365.00. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Walsten, to concur with Staff recommendation to authorize the City Clerk to advertise for bids for 2009 CIP Rear Yard Drainage Improvements - Contract D with a return date of Thursday, November 19, 2009 at 10:00 a.m. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Walsten, to approve Mayoral appointment of Amanda (Mandy) Griffin to the Youth Commission (term to expire 12/01/12). Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Walsten, to approve Mayoral appointment of Jeffrey (Jeff) Griffin to the Youth Commission (term to expire 12/01/13). Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Walsten, to adopt 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. D ORDINANCE Z-22-09 RECLASSIFY ZONING/ 2711 MANNHEIM RD.: Consent Agenda ORDINANCE M-42-09 TIF #3 BOND ANTICIPATION NOTE: AMEND AGENDA: LEED PRESENTATION: 1 PAGE SEVEN 11/2/09 Moved by Higgason, seconded by Walsten, to adopt 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, ILLINOIS (CASE #09-36-A). Motion declared carried as approved unanimously under Consent Agenda. Director of Finance Wisniewski presented and answered questions from the aldermen and stated that the ordinance has been amended by adding dollar amounts. Moved by Higgason, seconded by Haugeberg, to amend Ordinance M-42-09 to include dollar amounts for the payment schedules and interest rates. Motion declared carried. Moved by Higgason, seconded by Haugeberg, to authorize the issuance of Taxable General Obligation Bond Anticipation Notes, Series 2009; and further recommend to adopt Ordinance M-42-09 AS AMENDED, 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: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson NAYS: 0 -None ABSENT: 1 -Argus Motion declared carried. MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE Moved by Walsten, seconded by Brookman, to advance Item 4(a) LEED Building Presentation - United States Green Building Council (USGBC) to the first item under Committee of the Whole. Motion declared carried. BUILDING & CODE - Alderman Haugeberg, Chair Alderman Haugeberg introduced Mr. George Tuhowski of the United States Green Building Council - Chicago Chapter. Mr. Tuhowski presented a power point presentation (in file) titled "Everything You Ever Wanted to Know About LEED" (Leadership in Energy & Environmental Design). PAGE EIGHT 11/2/09 FINANCE & ADMINISTRATION - Alderman Higgason, Chair WARRANT Moved by Haugeberg, seconded by Robinson, to REGISTER: recommend to the City Council to remove payment to McMaster -Carr (page 16) in the amount of $101.64 from the November 2, 2009 Warrant Register. Motion declared carried. Moved by Bogusz, seconded by Walsten, to recommend to the City Council approval of the November 2, 2009 - Warrant Register, in the total amount of $2,738,346.75 (less $101.64 to McMaster -Carr for Streetscape Supplement); and further recommend that Resolution R-154-09 be adopted at appropriate time this evening. Motion declared carried. Moved by Haugeberg, seconded by Brookman, to approve payment of $101.64 to McMaster -Carr (Page 16 of the Warrant Register). Motion declared carried. Alderman Bogusz abstained. (Conflict of interest - employed by vendor) BONDS/SERIES Director of Finance Wisniewski presented and answered 2010A, 2010B: questions from the aldermen regarding the debt service costs of TIF #3. Mr. Dion Kendrick, 943 Webster Lane, addressed the Committee of The Whole stating his observations regarding the effects of two 6B Exemptions on financing for TIF #3. Moved by Haugeberg, seconded by Bogusz, to recommend to the City Council place on first reading Ordinance M-44-09 authorizing the issuance of $3,895,000 General Obligation Refunding Bonds, Series 2010A, and $5,894,115 General Obligation (Capital Appreciation) Refunding Bonds, Series 2010B. Motion declared carried. 2009 PROP. TAX City Manager Bajor stated that each year the City is LEVY/PUBLIC required to provide notice and conduct a public HEARING: hearing if the proposed aggregate property tax levy is 5% or more than the previous year's property tax extension; even though the City's estimated aggregate levy is not expected to exceed 5%, Staff recommends that there still be a public hearing on November 16, 2009. Moved by Higgason, seconded by Robinson, to concur with Staff recommendation and recommend to the City Council that a public hearing be held November, 16, PAGE NINE 11/2/09 LEVY/PUBLIC 2009 to notify the public that the City intends to HEARING: consider a 2009 Property Tax Levy of 1.36500 or (Cont'd) $29,040,185; and Resolution R-156-09 be adopted at appropriate time this evening. Motion declared carried. ENGINEERING - Alderman Bogusz, Chair NELSON LANE Moved by Walsten, seconded by Haugeberg, to recommend ALLEY: to the City Council to concur with Staff recommendation to solicit bids in Spring 2010 for the grinding and resurfacing of the private driveway of Nelson Lane alley ($35,190), and for the temporary patching of potholes ($1,000) in Fall 2009, until the resurfacing can take place in 2010. Staff be authorized to prepare necessary document for Council consideration next Spring, 2010. Staff further seeks authorization to assess each property owner their proportionate share of the cost over a 10 -year repayment plan. Motion declared carried. COMMUNITY DEVELOPMENT - Alderman Walsten, Vice Chair PREL. PUD/ Alderman Walsten introduced the agenda item regarding 2550 DEMPSTER: Lurvey's Two -Phase Preliminary PUD (Planned Unit Development) request for 2550 Dempster Street. Director of Community & Economic Development Conlan reviewed his memorandum of October 23, 2009 and answered questions from the Aldermen. Mrs. Weslie Bellini, 2495 Seminary Avenue, addressed the Committee of the Whole stating her objections to the PUD and showed pictures of Lurvey's property. Mr. Narinderpal Sood, 2521 Seminary Avenue, addressed the Committee of the Whole asking that the PUD be denied. Ms. Patricia Beauvais, 547 Webford, addressed the Committee of the Whole stating that the issue is one of interpretation versus intent of the noise ordinance. Ms. Beauvais stated that location of the business is a problem. Ms. Greta Ranum, 2404 Seminary Avenue, addressed the Committee of the Whole asking that the neighborhood be saved; that the City Council not grant the PUD. Ms. Pam Warford, 2530 Church Street, addressed the Committee of the Whole stating her concerns whether the PUD will enhance the neighborhood. 1 PAGE TEN 11/2/09 2550 DEMPSTER: Mr. Dwayne Ulrichs, an employee of Lurvey's, (Cont'd) addressed the Committee of the Whole stating that Lurvey's has worked to improve the property and to reduce noise and dust. Director of Community & Economic Development Conlan addressed the Committee of the Whole stating that the ordinance regarding use of equipment has been followed and suggested that the City Council, through the appropriate committee, may want to revise the language of the nuisance ordinance. Mrs. Weslie Bellini, 2495 Seminary Avenue, addressed the Committee of the Whole stating that Lurvey purchased the business in 1998. City Attorney Wiltse responded that the date of the first application for business license, showing both wholesale and retail use, was January 1, 1986. City Attorney Wiltse stated that Mrs. Bellini had a poor photocopy and showed her his copy with the 1986 date. Ms. Patricia Beauvais, 547 Webford, addressed the Committee of the Whole stating that Lurvey's property has expanded over the years. EXECUTIVE Moved by Haugeberg, seconded by Robinson, to POSTPONE SESSION: the approval of Lurvey's PUD. Upon roll call, the vote was: AYES: 3-Haugeberg, Higgason, Brookman NAYS: 4 -Robinson, Bogusz, Walsten, Wilson ABSENT: 1 -Argus Motion declared FAILED. Moved by Higgason, seconded by Robinson, to go into Executive Session to discuss probable and imminent litigation. Motion passed unanimously. The City Council recessed at 10:15 p.m. The City Council reconvened at 10:43 p.m. Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten and Wilson. PREL. PUD/ Mr. Mark Lurvey, 2550 Dempster Street, addressed the 2550 DEMPSTER: City Council answering questions from the aldermen regarding odors and noise coming from his property. Mr. Joseph Bellini, 2495 Seminary Street, addressed PAGE ELEVEN 11/2/09 2550 DEMPSTER: the City Council stating that he had called the (Cont'd) Police Department's non -emergency phone number to place complaints. Police Chief Prandini responded that calls made to the non -emergency number would not be on record. Moved by Walsten, seconded by Wilson, to amend the PUD for 2550 Dempster with six conditions as outlined in a letter dated September 10, 2009 from Mr. Mark Lurvey (in file). Upon roll call, the vote was: AYES: 5 -Robinson, Higgason, Bogusz, Walsten, Wilson NAYS: 2-Haugeberg, Brookman ABSENT: 1 -Argus Motion declared carried. Moved by Walsten, seconded by Wilson, to recommend to the City Council to concur with Staff recommendation to place on First Reading Ordinance Z-14-09, AS AMENDED, authorizing a Conditional Use for a two- phase, Preliminary Planned Unit Development for 2550 Dempster Street. Upon roll call, the vote was: AYES: 5 -Robinson, Higgason, Bogusz, Walsten, Wilson NAYS: 2-Haugeberg, Brookman ABSENT: 1 -Argus Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. WARRANT Moved by Higgason, seconded by Walsten, to concur REGISTER: with recommendation of Committee of the Whole to adopt Resolution R-154-09, BE IT RESOLVED BY THE CITY Resolution COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING R-154-09 BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,738,346.75 ($2,738,448.39 less payment to McMaster -Carr (page 16) in the amount of $101.64). Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson NAYS: 0 -None ABSENT: 1 -Argus Motion declared carried. Moved by Higgason, seconded by Walsten, to approve payment of $101.64 to McMaster -Carr (Page 16 of the Warrant Register). Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Higgason, Brookman, Walsten, Wilson �(�`� R-154-09 (Cont' d) BONDS/SERIES 2010A, 2010B: Ordinance M-44-09 2009 PROP. TAX LEVY/PUBLIC HEARING: Resolution R-156-09 NELSON LANE ALLEY: PAGE TWELVE 11/2/09 NAYS: 0 -None ABSENT: 1 -Argus ABSTAIN:1-Bogusz (Conflict of interest - employed by vendor) Motion declared carried. Moved by Higgason, seconded by Haugeberg, to concur with Staff recommendation to place on First Reading Ordinance M-44-09, AS AMENDED, ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010A AND SERIES 2010B, OF THE CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson NAYS: 0 -None ABSENT: 1 -Argus Motion declared carried. Moved by Higgason, seconded by Haugeberg, to concur with recommendation of Committee of the Whole that a public hearing be held November 16, 2009 to notify the public that the City intends to consider a 2009 Property Tax Levy of 1.3650% or $29,040,185; and further recommend to adopt Resolution R-156-09, A RESOLUTION OF THE CITY COUNCIL TO NOTIFY THE PUBLIC THAT IT INTENDS TO HAVE A 2009 PROPERTY TAX LEVY. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson NAYS: 0 -None ABSENT: 1 -Argus Motion declared carried. Moved by Bogusz, seconded by Higgason, to concur with Staff recommendation to solicit bids in Spring 2010 for the grinding and resurfacing of the private driveway of Nelson Lane alley ($35,190), and for the temporary patching of potholes ($1,000) in Fall 2009, until the resurfacing can take place in 2010; and further recommend authorization to assess each property owner their proportionate share of the cost over a 10 -year repayment plan (in file). Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson NAYS: 0 -None ABSENT: 1 -Argus Motion declared carried. PREL. PUD/ Motion by Walsten, seconded by Wilson, to concur with 2550 DEMPSTER: recommendation of Committee of the Whole to place on di G� 1 1 PAGE THIRTEEN 11/2/09 Ordinance First Reading Ordinance Z-14-09, AS AMENDED, AN Z-14-09 ORDINANCE TO ALLOW A CONDITIONAL USE FOR A TWO-PHASE (Cont'd) PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) FOR 2550 DEMPSTER STREET, DES PLAINES, ILLINOIS (Case #08 -45 - PUD). Upon roll call, the vote was: AYES: 5 -Robinson, Bogusz, Higgason, Walsten, Wilson NAYS: 2-Haugeberg, Brookman ABSENT: 1 -Argus Motion declared carried. PETITIONS/ Petitions were received at the Special City Council FLOODING 8TH Meeting on October 13, 2009 requesting a review of WARD: flooding problems in the 8th Ward. Moved by Brookman, seconded by Walsten, to refer the Petitions received at the Special City Council Meeting on October 13, 2009 to Staff to review flooding problems in the 8th Ward. Motion declared carried. ADJOURNMENT: Moved by Robinson, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:15 p.m. APPROVED BY ME THIS (14k-- DAY OF -IDC..Li/YY1 `" \ , 2009 Mar/- n J f'''. - YOR f loria J. udwig -CY CLERK