11/16/2009MINUTES 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, NOVEMBER 16, 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 16, 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, Assistant City Manager
Slowinski, Director of Finance Wisniewski, Deputy Police Chief
Burton, Fire Chief Wax, Director of Public Works and Engineering
Oakley, Director of Information Technology Duebner, Director of
Community & Economic Development Conlan, City Attorney Wiltse and
Assistant City Attorney Bartel.
EXECUTIVE Moved by Haugeberg, seconded by Higgason, to go into
SESSION: Executive Session to discuss acquisition of real
property. 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 7:00 p.m.
Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Higgason, Brookman,
Walsten, Wilson, and Argus.
The opening prayer was given by Deacon Jim Ernst of
Our Lady of Hope Catholic Church, followed by the
Pledge of Allegiance to the Flag.
PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE.
HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
2009 TAX DES PLAINES CIVIC CENTER, MONDAY, NOVEMBER
LEVY: 16, 2009
CALL TO ORDER: Mayor Moylan called the Public Hearing to order at
7:10 p.m. The Public Hearing was being held pursuant
ki
PAGE TWO 11/16/09
PUBLIC to legal notice to discuss the proposed property tax
HEARING: levy increase for the City of Des Plaines for 2009
(Cont'd) tax year levy in the amount of $29,040,185.00, which
represents a 1.3650% increase over the 2008 tax
extension.
DISCUSSION: Director of Finance Wisniewski presented and answered
questions from the aldermen.
Mayor Moylan asked for comments from the aldermen and
the public. Final action on this matter under Items
3 and 3a on the Consent Agenda this evening.
The Public Hearing was adjourned at 7:12 p.m.
The City Council reconvened at 7:13 p.m.
PRESENTATION: Mayor Moylan presented a Certificate of Recognition
to the Sparklers Softball Team in recognition of
their successful Tournament Season and their hard
work, dedication, sportsmanship and for making the
City proud.
CITIZEN Mr. James Ernst, 2135 Pratt Avenue, addressed the
PARTICIPA.: City Council referring to a letter from the
Ministerial Association against eliminating the
Health and Human Services Department.
Ms. Pam Lunsman, 1741 Central Avenue, addressed the
City Council urging them not to eliminate the Health
and Human Services Department or the Assistant City
Attorney's position.
Mr. Paul Bartholomae, teacher at Maine West High
School, addressed the City Council stating that the
Health and Human Services Department works with the
Des Plaines Community Foundation and the Special
Education class at Maine West High School to provide
handicap accessible ramps for residents of Des
Plaines. Mr. Bartholomae urged the City Council not
to eliminate the Health and Human Services
Department.
Mr. Michael Elliot, Des Plaines Flood Action Group,
addressed the City Council stating the differences in
the old gap created at Levee 37 and the new gap
created.
Mrs. Mary Schurder, Executive Director of The Center
of Concern, addressed the City Council stating the
importance of the Health and Human Servi;es
PAGE THREE 11/16/09
Department for the residents of Des Plaines.
EXECUTIVE Motion by Argus, seconded by Walsten to concur with
SESSION/ the consensus reached in Executive Session that Staff
REPORT OUT: proceed as directed regarding the acquisition of real
property. Motion declared carried.
CONSENT Alderman Wilson requested that Items 4 and 4a be
AGENDA: removed from the Consent Agenda; Alderman Brookman
requested that Items 5 and 5a be removed; Alderman
Walsten requested that Items 6 and 6a be removed;
Alderman Higgason requested that Items 14 and 15 be
removed; and a resident requested that Item 16 be
removed from the Consent Agenda.
Moved by Higgason, seconded by Argus, to establish a
Consent Agenda except for Items 4, 4a, 5, 5a, 6, 6a,
14, 15 and 16. Motion declared carried.
Moved by Higgason, seconded by Bogusz, 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-45-09, M-49-09,
M-50-09, M-51-09 and M-52-09 were placed on First
Reading; Ordinances Z-23-09 and Z-25-09 were adopted;
and Resolutions R-157-09, and R-163-09 were adopted.
MINUTES: Moved by Higgason, seconded by Bogusz, to approve
Consent minutes of the Special Meeting of the City Council
Agenda held October 29, 2009 as published. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Bogusz, to approve
minutes of the Executive Session of the Special
Meeting of the City Council held October 29, 2009 as
published. Motion declared carried as approved
unanimously under Consent Agenda.
2009 PROPERTY Moved by Higgason, seconded by Bogusz, to concur with
TAX Staff recommendation to adopt the 2009 Estimated
LEVY: Property Tax Levy Ordinance; and further recommend to
Consent place on First Reading Ordinance M-45-09, AN
Agenda ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES,
COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING
Ordinance JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010. Motion
bi
1
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PAGE FOUR 11/16/09
M-45-09 declared carried as approved unanimously under
(Cont'd) Consent Agenda.
ELECTRICITY Alderman Wilson stated that he did not see the need
TAX: to raise the electricity tax.
Ordinance Alderman Brookman asked if a reduction in the
M-46-09 proposed increased electricity tax was what Alderman
Wilson was referring to, and Alderman Wilson
responded yes.
Moved by Higgason, seconded by Haugeberg, to concur
with Staff recommendation to adopt an ordinance
implementing the aforementioned new rate structure as
well as amending the language governing the use of
the Electric Utility Tax funds as a whole; and
further recommend to place on First Reading Ordinance
M-46-09, AN ORDINANCE AMENDING TITLE 4, "BUSINESS
REGULATIONS," CHAPTER 3, "MUNICIPAL OCCUPATION
TAXES," ARTICLE C., "MUNICIPAL UTILITY TAX," OF THE
DES PLAINES CITY CODE. Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, Walsten
NAYS: 2 -Wilson, Argus
ABSENT: 0 -None
Motion declared carried.
STORM SEWER Alderman Brookman asked if the sunset clause which
FEE: ends in 2013 could be set earlier and if the Storm
Sewer Fee could be reviewed on an annual basis. City
Ordinance Manager Bajor responded that it will take four years
M-47-09 to accelerate the storm sewer project funding which
would end at the conclusion of the project in 2013.
Alderman Brookman stated that if another revenue
stream became available, he suggested that this issue
be reviewed within two years.
Alderman Bogusz stated that 2013 would be the end of
the storm sewer project.
Alderman Walsten suggested that a review in two years
might be acceptable to Alderman Brookman.
City Manager Bajor stated that the funding would
automatically end at the end of 2013.
Alderman Walsten expressed his concern that the
increase in the gasoline tax would make Des Plaines
one of the highest in the area; people would go
outside of Des Plaines to pay less tax. Aldermana
M-47-09
(Cont' d)
1
GASOLINE TAX:
Ordinance
M-48-09
1
PAGE FIVE 11/16/09
Walsten stated that he would like to see the proposed
gasoline tax increase reduced to one cent ($.01).
Alderman Brookman agreed with Alderman Walsten's
concerns regarding tax leakage.
Moved by Argus, seconded by Robinson, to concur with
Staff recommendation to adopt an ordinance
implementing the increase to the Storm Sewer Fee of
$0.33 per 100 cubic feet until the end of 2013 per
the "sunset clause" specified; and further recommend
to place on First Reading Ordinance M-47-09, AN
ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES,"
CHAPTER 3, "STORM WATER CONVEYANCE SYSTEMS," SECTION
5, "STORM SEWER FEE," OF THE DES PLAINES CITY CODE.
Upon roll call, the vote was:
AYES:
6-Haugeberg, Robinson, Bogusz,
Walsten, Wilson, Argus
NAYS: 2-Higgason, Brookman
ABSENT: 0 -None
Motion declared carried.
Moved by Bogusz, seconded by Higgason, to suspend the
Rules to allow public input. Motion declared
carried.
Mr. Nick Genaris, owner of the Citgo gas station at
1733 Oakton Street, addressed the City Council
stating his concerns about the economy and how the
increased gas tax will affect his business.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
City Council stating the negative impact on his
business when increased costs were passed on to his
customers.
City Manager Bajor responded to Mr. Burkross's
comments regarding Tax Increment Financing (TIF)
districts.
Mr. Victor Solia, owner of Mobil gas station at River
Road and Oakton Street, addressed the City Council
stating his opposition to the increase in gas tax;
the effect of previous gas tax increases has reduced
sales down to 50 percent.
Moved by Walsten, seconded by Brookman, to amend
Ordinance M-48-09 implementing a rate increase from
two cents ($0.02) per gallon to three cents ($0.03)
per gallon to the Local Option Gasoline Tax effective
d_rt
M-48-09
(Cont' d)
WATER RATE
INCREASE:
Consent
Agenda
Ordinance
M-49-09
SANITARY SEWER
LATERAL REBATE
PROGRAM:
Consent
Agenda
Ordinance
M-50-09
FLOOD CONTROL
REBATE
PROGRAM:
PAGE SIX
11/16/09
January 1, 2010. Upon roll call, the vote was:
AYES: 2 -Brookman, Walsten
NAYS: 6-Haugeberg, Robinson, Bogusz, Higgason,
Wilson, Argus
ABSENT: 0 -None
MOTION DECLARED FAILED.
Moved by Argus, seconded by Haugeberg, to concur with
Staff recommendation to adopt an ordinance
implementing a rate increase from two cents ($0.02)
per gallon to four cents ($0.04) per gallon to the
Local Option Gasoline Tax effective January 1, 2010
with a four-year "sunset provision" which will expire
on December 13, 2013; and further recommend to place
on First Reading Ordinance M-48-09, AN ORDINANCE
AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 3,
"MUNICIPAL OCCUPATION TAXES," ARTICLE F., "MOTOR FUEL
TAX," OF THE DES PLAINES CITY CODE. Upon roll call,
the vote was:
AYES: 5-Haugeberg, Bogusz, Wilson, Argus, Moylan
NAYS: 4 -Robinson, Higgason, Brookman, Walsten
ABSENT: 0 -None
Motion declared carried.
Moved by Higgason, seconded by Bogusz, to concur with
Staff recommendation to establish and approve the
2010 City of Des Plaines Retail Water Rate at $3.412
per 100 cubic feet, reflecting a 5.7% increase from
the 2009 rate effective January 1, 2010; and further
recommend to place on First Reading Ordinance M-49-
09, AN ORDINANCE AMENDING TITLE 9, "PUBLIC
UTILITIES," CHAPTER 1, "WATER SYSTEM REGULATIONS,"
SECTION 7, "RATES" OF THE DES PLAINES CITY CODE.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Higgason, seconded by Bogusz, to concur with
Staff recommendation to adopt an ordinance to
increase the maximum rebate for the Sanitary Sewer
Lateral Rebate Program from $1,500 to $2,000; and
further recommend to place on First Reading Ordinance
M-50-09, AN ORDINANCE AMENDING TITLE 9, "PUBLIC
UTILITIES," CHAPTER 2, "SEWER SYSTEMS REGULATIONS,"
SECTION 2, "HOMEOWNER SEWER MAINTENANCE
RESPONSIBILITY" OF THE DES PLAINES CITY CODE.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Higgason, seconded by Bogusz, to concur with
Staff recommendation to adopt an ordinance for the
Flood Rebate Program to increase the City cost
M-51-09
(Cont' d)
PLAT OF
DEDICATION/
ACRES LANE/
RIGHT OF WAY:
Consent
Agenda
Resolution
R-164-09
ALGONQUIN RD.
SIDEWALK LOCAL
AGENCY AGR.:
Consent
Agenda
Resolution
R-157-09
LED UPGRADE/
IDOT/MEADE
ELECTRIC:
Consent
Agenda
Resolution
R-163-09
PAGE SEVEN 11/16/09
participation to 30%, set the maximum rebate to
$2,000, and fund the program from the Water/Sewer
Fund; and further recommend to place on First Reading
Ordinance M-51-09, AN ORDINANCE AMENDING TITLE 9,
"PUBLIC UTILITIES," CHAPTER 2, "SEWER SYSTEMS
REGULATIONS," TO ADD A NEW SECTION 4 TITLED, "FLOOD
CONTROL REBATE PROGRAM," TO THE DES PLAINES CITY
CODE. Motion declared carried
unanimously under Consent Agenda.
as approved
Moved by Higgason, seconded by Bogusz, to concur with
Staff recommendation to approve and accept the Plat
of Dedication prepared by Hylton E. Donaldson, Land
Surveyor; and further recommend to place on First
Reading Resolution R-164-09, A RESOLUTION APPROVING
AND ACCEPTING A PLAT OF DEDICATION FOR A PORTION OF
RIGHT OF WAY FOR ACRES LANE, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Higgason, seconded by Bogusz, to concur with
Staff recommendation to execute the Local Agency
Agreement for Federal Participation with the Illinois
Department of Transportation (2009 Capital
Improvement Program); and further recommend to adopt
Resolution R-157-09, A RESOLUTION APPROVING THE
EXECUTION OF A LOCAL AGENCY AGREEMENT FOR FEDERAL
PARTICIPATION BETWEEN THE ILLINOIS DEPARTMENT OF
TRANSPORTATION AND THE CITY OF DES PLAINES FOR GRANT
MONEY FROM THE AMERICAN RECOVERY AND REINVESTMENT
ACT. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Higgason, seconded by Bogusz, to concur with
Staff recommendation to execute Agreement with
Illinois Department of Transportation (IDOT) for
participation in the Light Emitting Diode (LED)
Upgrade Program and execute Agreement with Meade
Electric, 9550 West 55th Street, Suite A, McCook,
Illinois, 60525, IDOT's electrical maintenance
contractor, for the performance of traffic signal
upgrades (IDOT funding - $492,632; City of Des
Plaines funding - $70,911 from Energy Efficiency and
Conservation Block Grant (EECBG) for a total of
$563,543; and further recommend to adopt Resolution
R-163-09, A RESOLUTION AUTHORIZING THE EXECUTION OF
CONTRACTS WITH THE ILLINOIS DEPARTMENT OF
TRANSPORTATION AND MEADE ELECTRIC COMPANY, INC. FOR
THE LED UPGRADE OF CERTAIN SIGNALIZED INTERSECTIONS.
Motion declared carried as approved unanimously under
Consent Agenda.
ADVERTISE
FOR BIDS/
SNOW REMOVAL:
Consent
Agenda
ORDINANCE
M-44-09
BONDS/SERIES
2010A, 2010B:
ORDINANCE
Z-14-09
PREL. PUD/
2550 DEMPSTER:
PAGE EIGHT 11/16/09
Moved by Higgason, seconded by Bogusz, to concur with
Staff recommendation to authorize the City Clerk to
advertise for bids for the 2010 Cul-de-sac Snow
Removal Services with a return date of December 4,
2009 at 10:00 a.m. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to amend
Ordinance M-44-09 to include numbers resulting from
the sale of bonds on November 16, 2009. Motion
declared carried.
Moved by Higgason, seconded by Haugeberg, to adopt
Ordinance M-44-09, AN ORDINANCE AUTHORIZING THE
ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2010A AND SERIES 2010B, OF THE CITY OF DES
PLAINES, ILLINOIS AS AMENDED. Upon roll call, the
vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Higgason,
Walsten, Wilson, Argus
0 -None
NAYS:
ABSENT: 1 -Brookman
Motion declared carried.
Motion by Haugeberg, seconded by Robinson, to suspend
the Rules to allow public input. Motion declared
carried. Aldermen Bogusz and Brookman were absent.
Attorney Mike Ek, 120 West Golf Road, Schaumburg,
Illinois, addressed the City Council stating that he
was recently hired by Joseph and Weslie Bellini and
Ms. Greta Ranum; Mr. Ek reviewed the history and a
number of documents relating to Lurvey's business and
property.
City Attorney Wiltse stated that the 1998 zoning code
is the one that the City operates under; this is a
preliminary PUD; final action on the PUD will take
place in the future.
Director of Community & Economic Development Conlan
responded to the issue of authority to sign the 2002
letter, and stated that Mr. Bill Schneider was not
only the Director of Community & Economic
Development, but also Zoning Administrator and Acting
City Manager at that time.
Motion by Robinson, seconded by Higgason, to adopt
Ordinance Z-14-09, AN ORDINANCE TO ALLOW A
CONDITIONAL USE FOR A TWO-PHASE PRELIMINARY PLANNED
UNIT DEVELOPMENT (PUD) FOR 2550 DEMPSTER STREET, DES
0'�
1
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PAGE NINE 11/16/09
2550 DEMPSTER: PLAINES, ILLINOIS (Case #08 -45 -PUD) AS AMENDED.
(Cont' d)
ORDINANCE
Z-23-09
COND. USE/
999 E. TOUHY:
Consent
Agenda
ORDINANCE
Z-25-09
EXTEND COND.
USE/2200 GOLF
RD.:
Consent
Agenda
WARRANT
REGISTER:
Motion by Brookman, seconded by Haugeberg, to adopt a
substitute motion to recommend to the City Council
that additional studies be conducted regarding dust,
noise and diesel fumes and report back to City
Council. MOTION DECLARED FAILED (Aldermen Brookman
and Haugeberg voted yes; Aldermen Robinson, Bogusz,
Higgason, Walsten, Wilson, Argus voted no).
Upon roll call on the original motion, the vote was:
AYES: 6 -Robinson, Bogusz, Higgason, Walsten,
Wilson, Argus
NAYS: 2-Haugeberg, Brookman
ABSENT: 0 -None
Motion declared carried.
Moved by Higgason, seconded by Bogusz, 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 adopt 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 Bogusz, 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
adopt 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.
MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION - Alderman Higgason, Chair
Moved by Walsten, seconded by Bogusz, to recommend to
the City Council approval of the November 16, 2009 -
Warrant Register, in the total amount of
$3,767,112.55; and further recommend that Resolution
PAGE TEN 11/16/09
Warrant R-158-09 be adopted at appropriate time this evening.
(Cont'd) Motion declared carried.
2010 BUDGET Moved by Bogusz, seconded by Walsten, to recommend to
RESOLUTION: the City Council that the resolution approving the
2010 Budget Document be referred back to Staff for
further review and information. Motion declared
carried.
Director of Health & Human Services Puetz answered
questions from Alderman Haugeberg regarding the
availability of lists of contact information, and if
City personnel are available to interpret Spanish as
well as other languages.
Mr. Dion Kendrick, 943 Webster Lane, addressed the
Committee of The Whole asking what amount of money
would be saved by eliminating the Health & Human
Services Department. City Manager Bajor responded
that approximately $195,000 with an offset of $45,000
going to outside Social Service Agencies for a total
of $150,000. Alderman Higgason pointed out that the
Health & Human Services Division is not being
eliminated, but that staffing will be reduced.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole suggesting that religious
groups work together to gather resources to assist
residents in need.
SHORT TERM Director of Finance Wisniewski presented to the
LOAN: Committee of the Whole stating that due to delays in
payment of property taxes, the City will need to use
Resolution a short-term loan to make debt service payments. Six
R-160-09 financial institutions were contacted; three
responded. First Bank provided the most favorable
terms for a revolving line of credit not to exceed
$6,500,000.00. Director of Finance Wisniewski
answered questions from the aldermen.
Moved by Walsten, seconded by Haugeberg, to recommend
to the City Council approval of the resolution
accepting First Bank's proposal to extend a Revolving
Line of Credit to the City of Des Plaines in an
amount not to exceed $6,500,000.00; and further
recommend that Resolution R-160-09 be adopted at
appropriate time this evening. Motion declared
carried.
LEGAL & LICENSING - Alderman Robinson, Chair
1
4A1-
CELL TOWER
LEASES:
PAGE ELEVEN 11/16/09
Assistant City Attorney Bartel presented (in file)
and answered questions from the aldermen regarding
the process of negotiating cell tower leases.
U.S. CELLULAR Mr. Dion Kendrick, 943 Webster Lane, addressed the
Committee of The Whole suggesting that a clause be
added to include interest according to the Consumer
Price Index or four percent (4%) whichever is
greater.
AT&T!
1850 MINER
ST.:
Assistant City Attorney Bartel presented (in file)
and answered questions from the aldermen.
Moved by Walsten, seconded by Higgason, to recommend
to the City Council to approve lease agreements with
U.S. Cellular with a starting annual lease fee per
site of $27,250.00 and containing provisions
requiring renewal and renegotiation of the leases
every five (5) years, and making the annual increase
the greater of either four percent (4%) or the last
annual Consumer Price Index (CPI) retroactive to
January 1, 2008; and further recommend that
Resolution R-161-09 be adopted at appropriate time
this evening. Motion declared carried.
Assistant City Attorney Bartel presented (in file)
and answered questions from the aldermen.
Moved by Walsten, seconded by Brookman, to recommend
to the City Council that the resolution approving the
U.S. Cellular agreements be referred back to Staff to
renegotiate the contract.
SUBSTITUTE MOTION by Haugeberg, seconded by Higgason,
to recommend to the City Council to approve lease
agreement with AT&T at 1850 Miner Street with a
starting annual base fee of $23,000.00 for the
location of the antenna and cable on the water tank
beginning December 1, 2008 containing provisions
requiring renewal and renegotiation of the leases
every five (5) years, and making the annual increase
the greater of either four percent (4%) or the last
annual Consumer Price Index (CPI); and further
recommend that Resolution R-162-09 be adopted at
appropriate time this evening. Motion declared
carried. Brookman and Walsten voted no.
T -MOBILE/ Assistant City Attorney Bartel presented (in file)
877 CENTRAL and answered questions from the aldermen. Assistant
RD. City Attorney Bartel noted that this cell tower would
be newly constructed behind proposed fire station
877 CENTRAL
RD.
(Cont' d)
OVERSIZED
GARAGE
VARIATION/
2835 S. CRAIG
1
PAGE TWELVE 11/16/09
number 4 at 877 Central Road between Maryville
Academy and Wolf Road on the south side of the
street.
Director of Community & Economic Development Conlan
addressed the Committee of the Whole stating that
public notice will be given when a conditional use
permit is applied for by T -Mobile for the
construction of the cell tower.
Mr. Mike Howley, a representative of T -Mobile,
addressed the Committee of the Whole answering
questions from the aldermen.
Moved by Walsten, seconded by Bogusz, to recommend to
the City Council to approve lease agreement with T -
Mobile at 877 Central Road containing provisions
requiring renewal and renegotiation of the leases
every five (5) years, and making the annual increase
the greater of either four percent (4%) or the last
annual Consumer Price Index (CPI) on condition of T -
Mobile applying for and receiving a Conditional Use
permit; and further recommend that Resolution R-165-
09 be adopted at appropriate time this evening.
Motion declared carried.
BUILDING CODE - Alderman Haugeberg, Chair
Director of Community & Economic Development Conlan
addressed the Committee of the Whole reviewing the
variance request for a 706 square -foot addition to an
existing 446 square -foot garage by Petitioner John L.
Whitfield, 2835 S. Craig Drive and answered questions
from the aldermen.
Mr. John L. Whitfield, Petitioner, answered questions
from the aldermen.
Moved by Robinson, seconded by Haugeberg, to
recommend to the City Council to deny passage of
Ordinance Z-24-09 at appropriate time this evening.
Moved by Brookman, seconded by Walsten to adopt a
substitute motion to approve a variation to allow a
910 square foot accessory structure as recommended by
the Zoning Board of Appeals. MOTION DECLARED FAILED.
Aldermen Brookman, Walsten and Wilson voted Aye.
Motion declared carried on the original Motion.
Pii
PAGE THIRTEEN 11/16/09
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
WARRANT Moved by Higgason, seconded by Argus, to concur with
REGISTER: recommendation of Committee of the Whole to adopt
Resolution R-158-09, BE IT RESOLVED BY THE CITY
Resolution COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING
R-158-09 BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY
CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT
FOR SAME. Total: $3,767,112.55. 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.
SHORT TERM Moved by Higgason, seconded by Haugeberg, to concur
LOAN: with recommendation of Committee of the Whole to
adopt Resolution R-160-09, A RESOLUTION AUTHORIZING
Resolution THE ACCEPTANCE OF A PROPOSAL FOR A REVOLVING LINE OF
R-160-09 CREDIT FROM FIRST BANK IN THE AMOUNT NOT TO EXCEED
$6,500,000.00. 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.
CELL TOWER Moved by Robinson, seconded by Haugeberg, to concur
LEASES: with recommendation of Committee of the Whole to
adopt Resolution R-161-09, A RESOLUTION AUTHORIZING
U.S. CELLULAR THE EXECUTION OF FOUR WIRELESS SITE LEASE AGREEMENTS
BETWEEN U.S. CELLULAR OPERATING COMPANY OF CHICAGO,
Resolution LLC AND THE CITY OF DES PLAINES FOR ANTENNAE LOCATED
R-161-09 ON FOUR CITY OWNED WATER TANKS LOCATED IN THE CITY OF
DES PLAINES CONTAINING PROVISIONS REQUIRING RENEWAL
AND RENEGOTIATION OF THE LEASES EVERY FIVE YEARS, AND
MAKING THE ANNUAL INCREASE THE GREATER OF EITHER FOUR
PERCENT (4%) OR THE LAST ANNUAL CONSUMER PRICE INDEX.
Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Bogusz, Higgason,
Wilson, Argus
NAYS: 2 -Brookman, Walsten
ABSENT: 0 -None
Motion declared carried.
AT&T!
1850 MINER
1
Moved by Robinson, seconded by Argus, to concur with
recommendation of Committee of the Whole to adopt
ST.:
Resolution
R-162-09
(Cont' d)
T -MOBILE/
877 CENTRAL
RD.
Resolution
R-165-09
ORDINANCE
Z-24-09
VARIANCE/
2835 S. CRAIG
1
PAGE FOURTEEN 11/16/09
Resolution R-162-09, A RESOLUTION AUTHORIZING THE
EXECUTION OF A WIRELESS SITE LEASE AGREEMENT BETWEEN
AT&T WIRELESS PC, INC. AND THE CITY OF DES PLAINES
FOR THE LOCATION OF A WIRELESS ANTENNA ON THE WATER
TANK AT 1850 MINER STREET OWNED BY THE CITY OF DES
PLAINES CONTAINING PROVISIONS REQUIRING RENEWAL AND
RENEGOTIATION OF THE LEASES EVERY FIVE YEARS, AND
MAKING THE ANNUAL INCREASE THE GREATER OF EITHER FOUR
PERCENT (4%) OR THE LAST ANNUAL CONSUMER PRICE INDEX.
Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Bogusz, Higgason,
Wilson, Argus
NAYS: 2 -Brookman, Walsten
ABSENT: 0 -None
Motion declared carried.
Moved by Robinson, seconded by Higgason, to concur
with recommendation of Committee of the Whole to
adopt Resolution R-165-09, A RESOLUTION AUTHORIZING
THE EXECUTION OF A WIRELESS SITE LEASE AGREEMENT
BETWEEN T -MOBILE CENTRAL, LLC AND THE CITY OF DES
PLAINES FOR THE LOCATION OF A MONOPOLE CELL TOWER ON
THE CITY OWNED PROPERTY AT 877 CENTRAL ROAD
CONTAINING PROVISIONS REQUIRING RENEWAL AND
RENEGOTIATION OF THE LEASES EVERY FIVE YEARS, AND
MAKING THE ANNUAL INCREASE THE GREATER OF EITHER FOUR
PERCENT (4%) OR THE LAST ANNUAL CONSUMER PRICE INDEX.
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 Haugeberg, seconded by Higgason, to concur
with the recommendation of Committee of the Whole to
DENY Ordinance Z-24-09, AN ORDINANCE AUTHORIZING
VARIATIONS TO SECTIONS 8.1-3 E. AND 8.1-3 C. OF THE
CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE
CONSTRUCTION OF AN ADDITION ON TO AN EXISTING GARAGE
CREATING AN OVERSIZED ACCESSORY STRUCTURE (DETACHED
GARAGE) WITH SQUARE FOOTAGE OVER 720 SQUARE FEET AND
A SIDE YARD SETBACK LESS THAN 5 FEET AT 2835 CRAIG
DRIVE, DES PLAINES, ILLINOIS. (CASE#09-035-V) Upon
roll call, the vote was:
AYES:
NAYS:
ABSENT: 0 -None
Motion declared carried.
8-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, Walsten, Wilson, Argus
0 -None
1
t
PAGE FIFTEEN 11/16/09
ADJOURNMENT: Moved by Robinson, seconded by Brookman, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 10:49 p.m.
APPROVED BY ME THIS
DAY OF , 2009
A.4.7$ Air
Ma t J.lan, MAYOR
iket C/144 --
Gloria
Gloria J. Ludwig - CIT CLERK