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12/07/2009MINUTES 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, DECEMBER 7, 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, December 7, 2009. ROLL CALL: Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Brookman, Walsten, Wilson, and Argus. Alderman Higgason arrived at 6:07 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 and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PUBLIC HEARING/ 2008 CDBG CAPER REPORT: CALL TO Moved by Haugeberg, seconded by Robinson, to go into Executive Session to discuss personnel and acquisition of real property. Upon roll call, the vote was: AYES: NAYS: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus 0 -None ABSENT: 0 -None Motion passed unanimously. The City Council recessed at 6:00 p.m. The City Council reconvened at 7:14 p.m. Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, and Argus. The opening prayer was given by Reverend Valentin Popovich, Romanian Baptist Church, followed by the Pledge of Allegiance to the Flag. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 7, 2009 Mayor Moylan called the Public Hearing to order at bB� 1 1 ORDER: (Cont' d) PAGE TWO 12/7/09 7:18 p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the City's Consolidated Annual Performance & Evaluation Report (CAPER) for Program Year 2008-09, detailing the City's use of Community Development Block Grant (CDBG) Funds, beginning October 1, 2008 and ending September 30, 2009. DISCUSSION: Director of Community & Economic Development Conlan presented a brief review of the City's Consolidated Annual Performance & Evaluation Report (CAPER) for Program Year 2008-09. There were no comments from the aldermen. Mrs. Mary Schurder, Executive Director of The Center of Concern, addressed the City Council thanking the Council for its financial support of the Center's programs to assist Des Plaines residents in need. There will be final action on this matter under Items 22 and 22a on the Consent Agenda later in the evening. The Public Hearing was adjourned at 7:22 p.m. The City Council reconvened at 7:23 p.m. CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the PARTICIPA.: City Council wishing everyone of the Jewish faith a Happy Hanukkah; urged the City Council to adopt a similar ordinance passed by Wilmette regarding bike helmets; and urged the City Council to adopt an ethics ordinance regarding the casino. Ms. Rose Ruffolo, 813 Concord, addressed the City Council regarding cell phone towers and distributed information to the City Council (in file). Ms. Elizabeth Kozlowski, 819 Concord, addressed the City Council regarding health concerns for people living near cell phone towers. Mr. Niten Patel, 625 North Third Avenue, addressed the City Council regarding health concerns for people living near cell phone towers. Ms. Wanda Szczygiel, 611 North Third Avenue, addressed the City Council regarding health concerns for people living near cell phone towers. Mrs. Maria Bira, 618 Berkshire, addressed the City W PAGE THREE 12/7/09 CITIZEN Council regarding health concerns for people living PARTICIPA.: near cell phone towers. (Cont' d) Mr. Stan Zimmerman, 408 South Wolf Road, addressed the City Council regarding the cost of employee health care benefits; let everyone know what is going on. City Manager Bajor responded that the cost of employee health care benefits is mentioned before, during and after negotiations with unions. EXECUTIVE Motion by Walsten, seconded by Higgason, to concur SESSION: with consensus reached in Executive Session that Staff proceed as directed regarding the acquisition of real property. Final action, if any, will be taken in open session at a duly noticed future City Council meeting. Motion declared carried. Aldermen Wilson and Argus voted no. CONSENT Alderman Brookman requested that Items 26, 26a, 27 AGENDA: and 27a be removed from the Consent Agenda and Alderman Higgason requested that Item 28 be removed from the Consent Agenda. Moved by Haugeberg, seconded by Brookman, to establish a Consent Agenda except for Items 26, 26a, 27, 27a and 28. Motion declared carried. Moved by Argus, 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-52-09, M-53-09, M-54-09, M-55-09, M-56-09, M-57-09, M-58-09, M-59-09, M-60-09, M-61-09, M-62-09, M-63-09, M-64-09, M-65-09, M-66-09, M-67-09, M-68-09 and M-69-09 were placed on First Reading; Ordinances M-49-09, M-50-09 and M-51- 09 were adopted; and Resolutions R-152-09, R-168-09, R-169-09, R-170-09 and R-171-09 were adopted. MINUTES: Moved by Argus, seconded by Higgason, to approve Consent minutes of the Regular Meeting of the City Council Agenda held November 2, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. MINUTES: (Cont' d) PAGE FOUR 12/7/09 Moved by Argus, seconded by Higgason, to approve minutes of the Executive Session of the City Council held November 2, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. YEAR 2009 Moved by Argus, seconded by Higgason, to concur with TAX LEVY/ Staff recommendation to approve Year 2009 Tax Levy SPECIAL SVC. for Special Service Area Number Four (Woodland AREA #4: Townhomes, 1560-1568 Woodland Avenue) in the amount Consent of $2,000, as provided in Ordinance M-52-09; and Agenda further recommend to place on First Reading Ordinance M-52-09, AN ORDINANCE LEVYING TAXES FOR SPECIAL Ordinance SERVICE AREA NUMBER FOUR OF THE CITY OF DES PLAINES, M-52-09 COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010. Motion declared carried as approved unanimously under Consent Agenda. YEAR 2009 Moved by Argus, seconded by Higgason, to concur with TAX LEVY/ Staff recommendation to approve Year 2009 Tax Levy SPECIAL SVC. for Special Service Area Number Five (Westfield Lane AREA #5: Water Main) in the amount of $3,782, as provided in Consent Ordinance M-53-09; and further recommend to place on Agenda First Reading Ordinance M-53-09, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FIVE OF THE Ordinance CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE M-53-09 FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010. Motion declared carried as approved unanimously under Consent Agenda. YEAR 2009 Moved by Argus, seconded by Higgason, to concur with TAX LEVY/ Staff recommendation to approve Year 2009 Tax Levy SPECIAL SVC. for Special Service Area Number Six (2150-2172 AREA #6: Chestnut Street Parking Lot) in the amount of $981, Consent as provided in Ordinance M-54-09; and further Agenda recommend to place on First Reading Ordinance M-54- 09, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE Ordinance AREA NUMBER SIX OF THE CITY OF DES PLAINES, COOK M-54-09 COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010. Motion declared carried as approved unanimously under Consent Agenda. YEAR 2009 Moved by Argus, seconded by Higgason, to concur with TAX LEVY/ Staff recommendation to approve Year 2009 Tax Levy SPECIAL SVC. for Special Service Area Number Seven (Woodlawn AREA #7: Townhomes Parking Lot) in the amount of $12,000, as Consent provided in Ordinance M-55-09; and further recommend Agenda to place on First Reading Ordinance M-55-09, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA Ordinance NUMBER SEVEN OF THE CITY OF DES PLAINES, COOK COUNTY, h V M-55-09 (Cont' d) PAGE FIVE 12/7/09 ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010. Motion declared carried as approved unanimously under Consent Agenda. YEAR 2009 Moved by Argus, seconded by Higgason, to concur with TAX LEVY/ Staff recommendation to approve Year 2009 Tax Levy SPECIAL SVC. for Special Service Area Number Eight (Crabtree Lane AREA #8: Curbs and Gutters) in the amount of $4,200, as Consent provided in Ordinance M-56-09; and further recommend Agenda to place on First Reading Ordinance M-56-09, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA Ordinance NUMBER EIGHT OF THE CITY OF DES PLAINES, COOK COUNTY, M-56-09 ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010. Motion declared carried as approved unanimously under Consent Agenda. YEAR 2009 Moved by Argus, seconded by Higgason, to concur with TAX LEVY/ Staff recommendation to approve Year 2009 Tax Levy SPECIAL SVC. for Special Service Area Number Nine (624-640 W. AREA #9: Algonquin Road Parking Lot) in the amount of $2,315, Consent as provided in Ordinance M-57-09; and further Agenda recommend to place on First Reading Ordinance M-57- 09, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE Ordinance AREA NUMBER NINE OF THE CITY OF DES PLAINES, COOK M-57-09 COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010. Motion declared carried as approved unanimously under Consent Agenda. YEAR 2009 Moved by Argus, seconded by Higgason, to concur with TAX LEVY/ Staff recommendation to approve Year 2009 Tax Levy SPECIAL SVC. for Special Service Area Number Ten (642-658 W. AREA #10: Algonquin Road Parking Lot Improvements) in the Consent amount of $2,9360, as provided in Ordinance M-58-09; Agenda and further recommend to place on First Reading Ordinance M-58-09, AN ORDINANCE LEVYING TAXES FOR Ordinance SPECIAL SERVICE AREA NUMBER TEN OF THE CITY OF DES M-58-09 PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010. Motion declared carried as approved unanimously under Consent Agenda. ABATEMENT/ Moved by Argus, seconded by Higgason, to concur with YEAR 2001 Staff recommendation to authorize abatement of Year GO BONDS: 2001 General Obligation Corporate Purpose Bonds in Consent the amount of $224,352.50 of the $323,485.00 levy, as Agenda provided in Ordinance M-30-01; and further recommend to place on First Reading Ordinance M-59-09, Ordinance ABATEMENT OF THE 2009 TAX LEVY FOR THE 2001 GENERAL M-59-09 OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. 1 1 PAGE SIX 12/7/09 ABATEMENT/ Moved by Argus, seconded by Higgason, to concur with YEAR 2002A Staff recommendation to authorize abatement of Year GO BONDS: 2002A General Obligation Corporate Purpose Bonds in Consent the amount of $173,267.32, as provided in Ordinance Agenda M-28-02; and further recommend to place on First Reading Ordinance M-60-09, ABATEMENT OF THE 2009 TAX Ordinance LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, M-60-09 SERIES 2002A. Motion declared carried as approved unanimously under Consent Agenda. ABATEMENT/ Moved by Argus, seconded by Higgason, to concur with YEAR 2003A Staff recommendation to authorize abatement of Year GO BONDS: 2003A General Obligation Corporate Purpose Bonds in Consent the amount of $536,245.00 of the $639,665.00 levy, as Agenda provided in Ordinance M-43-03; and further recommend to place on First Reading Ordinance M-61-09, Ordinance ABATEMENT OF THE 2009 TAX LEVY FOR THE 2003 GENERAL M-61-09 OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2003A. Motion declared carried as approved unanimously under Consent Agenda. ABATEMENT/ Moved by Argus, seconded by Higgason, to concur with YEAR 2003D Staff recommendation to authorize abatement of Year GO BONDS: 2003D General Obligation Corporate Purpose Bonds in Consent the amount of $987,250.00, as provided in Ordinance Agenda M-58-03; and further recommend to place on First Reading Ordinance M-62-09, ABATEMENT OF THE 2003 Ordinance TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES M-62-09 2003D. Motion declared carried as approved unanimously under Consent Agenda. ABATEMENT/ Moved by Argus, seconded by Higgason, to concur with YEAR 2004A Staff recommendation to authorize abatement of Year & YEAR 2004B 2004A and Year 2004B General Obligation Corporate GO BONDS: Purpose bonds, in the entire amount of $744,943.76 Consent for Series 2004A and $230,840.00 for Series 2004B, as Agenda provided in Ordinance M-29-04; and further recommend to place on First Reading Ordinance M-63-09, Ordinance ABATEMENT OF THE 2009 TAX LEVY FOR THE 2004 GENERAL M-63-09 OBLIGATION BONDS, SERIES 2004a AND Series 2004B. Motion declared carried as approved unanimously under Consent Agenda. ABATEMENT/ Moved by Argus, seconded by Higgason, to concur with YEAR 2005A, Staff recommendation to authorize abatement of Year B & C 2005A, Year 2005B and Year 2005C General Obligation GO BONDS: Corporate Purpose Bonds in the amount of $525,225.00 Consent for Series 2005A, $269,812.50 for Series 2005B and Agenda $410,500.00 for Series 2005C, as provided in Ordinance M-70-04; and further recommend to place on Ordinance First Reading Ordinance M-64-09, ABATEMENT OF THE M-64-09 (Cont' d) PAGE SEVEN 12/7/09 2009 TAX LEVY FOR THE 2005 GENERAL OBLIGATION BONDS, SERIES 2005A, SERIES 2004B, and SERIES 2005C. Motion declared carried as approved unanimously under Consent Agenda. ABATEMENT/ Moved by Argus, seconded by Higgason, to concur with YEAR 2005E, Staff recommendation to authorize abatement of Year F & G 2005E, Year 2005F and Year 2005G General Obligation GO BONDS: Corporate Purpose Bonds in the amount of $934,993.76 Consent for Series 2005E, $505,437.50 for Series 2005F and Agenda $45,187.50 for Series 2005G, as provided in Ordinance M-20-05; and further recommend to place on First Ordinance Reading Ordinance M-65-09, ABATEMENT OF THE 2009 TAX M-65-09 LEVY FOR THE 2005 GENERAL OBLIGATION BONDS, SERIES 2005E, SERIES 2005F, and SERIES 2005G. Motion declared carried as approved unanimously under Consent Agenda. ABATEMENT/ Moved by Argus, seconded by Higgason, to concur with YEAR 2005D Staff recommendation to authorize abatement of Year GO BONDS: 2005D General Obligation Corporate Purpose Bonds in Consent the amount of $1,699,610.00, as provided in Ordinance Agenda M-92-04 (which authorized refunding of the 1998 GO Bonds); and further recommend to place on First Ordinance Reading Ordinance M-66-09, ABATEMENT OF THE 2009 TAX M-66-09 LEVY FOR THE 2005 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005D. Motion declared carried as approved unanimously under Consent Agenda. ABATEMENT/ Moved by Argus, seconded by Higgason, to concur with YEAR 2007A Staff recommendation to authorize abatement of Year & YEAR 2007B 2007A and Year 2007B General Obligation Corporate GO BONDS: Purpose Bonds in the amount of $562,040 of the Consent $565,840 for Series 2007A (which authorized refunding Agenda of 2000 and 2001 GO Bonds) and $65,580 of the $174,150 for Series 2007B (which authorized refunding Ordinance of 2001B GO Bonds); and further recommend to place on M-67-09 First Reading, Ordinance M-67-09, ABATEMENT OF THE 2009 TAX LEVY FOR THE 2007 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2007A AND SERIES 2007B. Motion declared carried as approved unanimously under Consent Agenda. ABATEMENT/ Moved by Argus, seconded by Higgason, to concur with YEAR 2008A Staff recommendation to authorize abatement of Year GO BONDS: 2008A General Obligation Corporate Purpose Bonds in Consent the amount of $308,325 as provided in Ordinance M -8 - Agenda 08 (which authorized refunding of 2001C GO Bonds); and further recommend to place on First Reading Ordinance Ordinance M-68-09, ABATEMENT OF THE 2009 TAX LEVY FOR M-68-09 THE 2008 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1 M-68-09 (Cont' d) ABATEMENT/ YEAR 2009B GO BONDS: Consent Agenda Ordinance M-69-09 POLICE DEPT. ROBOT PURCHASE: Consent Agenda Resolution R-152-09 PAGE EIGHT 12/7/09 2008A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Higgason, to concur with Staff recommendation to authorize abatement of Year 2009B General Obligation Corporate Purpose Bonds in the amount of $798,763.89 as provided in Ordinance M- 41-09; and further recommend to place on First Reading Ordinance M-69-09, ABATEMENT OF THE 2009 TAX LEVY FOR THE 2009 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009B. Motion declared carried as approved unanimously under Consent Agenda. / Moved by Argus, seconded by Higgason, to concur with Staff recommendation to approve 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 further recommend to adopt Resolution R-152-09, A RESOLUTION AUTHORIZING THE PURCHASE OF A MECHANICAL ROBOT FOR THE TACTICAL RESPONSE TEAM AT A TOTAL COST OF $13,150.00. Motion declared carried as approved unanimously under Consent Agenda. 2008 CDBG ANNUAL PERFOR. & EVALUATION RPT. (CAPER): Consent Agenda Resolution R-168-09 CONFISCATE CASH WARRANTY/ 1460 - 1470 OXFORD ROAD: Consent Agenda Resolution R-169-09 1 Moved by Argus, seconded by Higgason, to concur with Staff recommendation to adopt the Program Year 2008 Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG) Program Year - October 1, 2008 to September 30, 2009; City Clerk be authorized to submit the report to the U.S. Department of Housing and Urban Development (HUD) no later than December 30, 2009; and further recommend to adopt Resolution R-168-09, A RESOLUTION REQUESTING APPROVAL FROM THE CITY OF DES PLAINES CITY COUNCIL OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR PROGRAM YEAR 2008, A REPORT IN CONJUNCTION WITH THE ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Higgason, to concur with Staff recommendation to authorize the City to confiscate the required 10 -percent cash warranty in the amount of $1,225.00 to complete the required planting of parkway trees and grading and drainage improvements at 1460 - 1470 Oxford Road; and further recommend to adopt Resolution R-169-09, A RESOLUTION AUTHORIZING THE CONFISCATION OF THE TEN PERCENT CASH MAINTENANCE WARRANTY TO COMPLETE THE PUBLIC IMPROVEMENTS FOR CEMAL'S SUBDIVISION AT 1460 AND 1470 OXFORD ROAD, DES PLAINES, ILLINOIS. Motion declared RESCIND RESOLUTION R-68-09/ 1460 MINER ST.: Consent Agenda Resolution R-170-09 PURCHASE DATALUX COMPUTERS/ POLICE DEPT.: Consent Agenda Resolution R-171-09 CONFISCATE CASH WARRANTY/ 618 BIRCHWOOD: Resolution R-172-09 BID AWARD/ CIP REAR YARD/ CONTRACT D: Resolution 1 PAGE NINE 12/7/09 carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Higgason, to concur with Staff recommendation to approve Resolution R-170-09, rescinding Resolution R-68-09 which authorized the execution of a contract for the purchase of 1460 Miner Street; and further recommend to adopt Resolution R-170-09, A RESOLUTION RESCINDING RESOLUTION R-68-09 WHICH AUTHORIZED THE EXECUTION OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF 1460 MINER STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Higgason, to concur with Staff recommendation to authorize the purchase of four (4) DataLux Tracer Mobile Data Computers from Future Link of Illinois, Inc., 25W658 St. Charles Road, Carol Stream, Illinois 60188 ($4,280 per unit) in the amount of $17,120.00; and further recommend to adopt Resolution R-171-09, A RESOLUTION AUTHORIZING THE PURCHASE OF FOUR DATALUX TRACER MOBILE DATA COMPUTERS FROM FUTURE LINK OF ILLINOIS, INC. Motion declared carried as approved unanimously under Consent Agenda. Director of Community & Economic Development Conlan presented and answered questions from the aldermen. Moved by Walsten, seconded by Argus, to concur with Staff recommendation to authorize the City to confiscate the required 10 -percent cash warranty in the amount of $2,311.50 to complete the required planting of parkway trees and grading and drainage improvements at 618 Birchwood Avenue; and further recommend to adopt Resolution R-172-09, A RESOLUTION AUTHORIZING THE CONFISCATION OF THE TEN PERCENT CASH MAINTENANCE WARRANTY TO COMPLETE THE PUBLIC IMPROVEMENTS FOR DEGADO'S TENTH SUBDIVISION AT 618 BIRCHWOOD AVENUE, 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. Alderman Brookman asked why this project is being done this late in the year. Director of Public Works and Engineering Oakley responded that weather is a factor. bi- R-174-09 (Cont' d) ORDINANCE M-45-09 2009 PROPERTY TAX LEVY (AS AMENDED) : 1 PAGE TEN 12/7/09 Moved by Brookman, seconded by Higgason, to concur with Staff recommendation, in the best interest of the City, to award the bid to the lowest responsible bidder Kovilic Construction Company, 3721 N. Carnation Street, Franklin Park, Illinois 60131 in the amount not to exceed $39,340.00 for the 2009 CIP Rear Yard Drainage Improvements Contract D - for 204/205 Michael Road (Brentwood Park); and further recommend to adopt Resolution R-174-09, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A CONTRACT FROM KOVILIC CONSTRUCTION CO. FOR REAR YARD DRAINAGE IMPROVEMENTS AT BRENTWOOD PARK AS PART OF THE 2009 CAPITAL IMPROVEMENT PROGRAM AT A COST NOT TO EXCEED $39,340.00, FUNDED FROM THE CAPITAL PROJECTS FUND. 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. Director of Finance Wisniewski presented and answered questions from the aldermen. Ms. Sandra Norlin, Director of the Des Plaines Public Library, addressed the City Council answering questions regarding the reduction of expenses in the Library's budget. Moved by Higgason, seconded by Brookman, to concur with Staff recommendation to approve the AMENDMENT to the 2009 Property Tax Levy Ordinance. 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 Robinson, to concur with Staff recommendation to adopt the 2009 Property Tax Levy Ordinance (As Amended); and further recommend to adopt Ordinance M-45-09, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010 (AS AMENDED). Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 0 -None ABSENT: 0 -None 1 ORDINANCE M-49-09 WATER RATE INCREASE: Consent Agenda ORDINANCE M-50-09 SEWER REBATE: Consent Agenda ORDINANCE M-51-09 FLOOD CONTROL REBATE PROGRAM: Consent Agenda WARRANT REGISTER: POLICE/FIRE PAGE ELEVEN 12/7/09 Motion declared carried. Moved by Argus, seconded by Higgason, 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 adopt 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 Argus, seconded by Higgason, 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 adopt 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 Argus, seconded by Higgason, to concur with Staff recommendation to adopt an ordinance for the Flood Rebate Program to increase the City cost participation to 30%, set the maximum rebate to $2,000, and fund the program from the Water/Sewer Fund; and further recommend to adopt 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 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 Haugeberg, seconded by Argus, to recommend to the City Council approval of the December 7, 2009 - Warrant Register, in the total amount of $11,280,142.83; and further recommend that Resolution R-167-09 be adopted at appropriate time this evening. Motion declared carried. Mr. Nick Chiaro, President of the Police Pension Fund PENSION FUND: and Mr. Thomas McShane of Graystone Consulting COND. USE/ 1956-1960 & 1964 MANNHEIM RD.: VARIATION/ GARAGE/ 1115 EAST GRANT: PAGE TWELVE 12/7/09 presented an overview of the Des Plaines Police & Fire Pension Funds (in file) and answered questions from the aldermen. Mr. Stan Zimmerman, 408 South Wolf Road, asked if the funds collected for Des Plaines were separate from the State of Illinois. Mr. McShane responded yes and that the annual cost of managing the funds was five percent (5%). COMMUNITY DEVELOPMENT - Alderman Argus, Chair Director of Community & Economic Development Conlan presented and answered questions from the aldermen. Attorney Barry Collins, 733 Lee Street, representing the Petitioner Golf Mill Auto Center addressed the Committee of the Whole and answered questions from the aldermen. Moved by Walsten, seconded by Higgason, to recommend to the City Council approval of the Conditional Use permit for an auto body repair facility at 1956 - 1960 and 1964 Mannheim Road; and further recommend that Ordinance Z-26-09 be adopted at appropriate time this evening. Motion declared carried. Director of Community & Economic Development Conlan presented and answered questions from the aldermen. Mr. Bart Niedrielski, Petitioner, addressed the Committee of the Whole and answered questions. Moved by Haugeberg, seconded by Argus, to recommend to the City Council to approve the side -yard setback and to DENY the variation request for an over -height accessory structure at 1115 East Grant Street. Motion declared carried. Aldermen Brookman and Walsten voted no. CIRCULAR Director of Public Works and Engineering Oakley DRIVEWAY/ presented and answered questions from the aldermen. 505 TRAILSIDE: 1 Moved by Higgason, seconded by Brookman, to recommend to the City Council to approve the circular driveway request at 505 Trailside Lane; and further recommend that Resolution R-173-09 be adopted at the appropriate time this evening. Motion declared carried. Alderman Haugeberg voted no. ENGINEERING - Alderman Bogusz, Chair J04 PAGE THIRTEEN 12/7/09 VARIATION/ Director of Public Works and Engineering Oakley 1603 SHERMAN presented and answered questions from the aldermen. PLACE: ORDINANCE M-46-09 ELECTRICITY TAX: ORDINANCE M-47-09 STORM SEWER FEE: ORDINANCE M-48-09 GASOLINE TAX: 1 Moved by Higgason, seconded by Walsten, to recommend to the City Council to approve the variation to reconstruct a detached, two -car frame garage without a modified foundation at 1603 Sherman Place; and further recommend that Ordinance M-70-09 be adopted 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 adopt 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: 5-Haugeberg, Walsten NAYS: 3 -Brookman, ABSENT: 0 -None Motion declared carried. Robinson, Bogusz, Higgason, Wilson, Argus Moved by Argus, seconded by Robinson, to adopt 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 Argus, seconded by Haugeberg, to adopt 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. Motion by Walsten, seconded by Brookman, to adopt a substitute motion to POSTPONE the adoption of Ordinance M-48-09 until the Regular Council meeting on December 21, 2009, for additional information. Upon roll call, the vote was: M-48-09 (Cont' d) WARRANT REGISTER: Resolution R-167-09 COND. USE/ 1956-1960 & 1964 MANNHEIM RD.: 1 PAGE FOURTEEN 12/7/09 AYES: 4- Higgason, Brookman, Walsten, Wilson NAYS: 5- Haugeberg, Robinson, Bogusz, Argus, Moylan ABSENT: 0 -None Motion declared FAILED. Moved by Brookman, seconded by Bogusz, to suspend the Rules to allow public input. Motion declared carried. Mr. Louis Korompias, owner of the Phillips 66 Gas Station at Central and Wolf Roads, addressed the City Council stating that business has dropped since gas taxes were increased. Mr. Nick Genaris, owner of the Citgo Gas Station at 1733 Oakton Street, addressed the City Council stating the increase will hurt business; it will make it hard to sell the business; people who buy gas at the Des Plaines Oasis are from out of town. Mr. Jim Vinci, 1481 Marshall, addressed the City Council asking where the money should come from; is there any grant money available? Have other sources been secured? Upon roll call on the original motion, the vote was: AYES: 5-Haugeberg, Robinson, Bogusz, Argus, Moylan NAYS: 4-Higgason, Brookman, Walsten, Wilson ABSENT: 0 -None Motion declared carried. Moved by Higgason, seconded by Argus, to concur with recommendation of Committee of the Whole to adopt Resolution R-167-09, 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: $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. Moved by Argus, seconded by Bogusz, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-26-09, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT THE PAGE FIFTEEN 12/7/09 Ordinance OPERATION OF AN AUTO BODY REPAIR BUSINESS AT 1950- Z-26-09 1964 MANNHEIM ROAD, DES PLAINES, ILLINOIS. (CASE (Cont'd) #08 -037 -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. VARIATION/ Moved by Argus, seconded by Wilson, to concur with GARAGE/ recommendation of Committee of the Whole to DENY a 1115 EAST variation for an over -height accessory structure at GRANT: 1115 East Grant. Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Bogusz, Higgason, Wilson, Argus NAYS: 2 -Brookman, Walsten ABSENT: 0 -None Motion declared carried. CIRCULAR Moved by Argus, seconded by Higgason, to concur with DRIVEWAY/ recommendation of Committee of the Whole to adopt 505 TRAILSIDE: Resolution R-173-09, A RESOLUTION APPROVING THE CONSTRUCTION OF A NEW CIRCULAR DRIVEWAY AT 505 Resolution TRAILSIDE LANE IN DES PLAINES. Upon roll call, the R-173-09 vote was: AYES: 7 -Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 1-Haugeberg, ABSENT: 0 -None Motion declared carried. VARIATION/ Moved by Bogusz, seconded by Higgason, to concur with 1603 SHERMAN recommendation of Committee of the Whole to place on PLACE: First Reading Ordinance M-70-09, AN ORDINANCE AUTHORIZING VARIATIONS TO SECTIONS 14-1-10 E.3. AND Ordinance 14-1-10 E.5. OF THE FLOOD CONTROL REGULATIONS IN THE M-70-09 CITY CODE TO PERMIT THE RECONSTRUCTION OF A DETACHED GARAGE IN A REGULATORY FLOOD PLAIN ON AN EXISTING FOUNDATION AT 1603 SHERMAN PLACE, DES PLAINES. The Petitioner, Mrs. Irene Mendez, addressed the City Council answering questions from the aldermen. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Argus NAYS: 1 -Wilson ABSENT: 0 -None Motion declared carried. Moved by Haugeberg, seconded by Robinson, to adv nce 1 1 1' 1 M-70-09 (Cont' d) PAGE SIXTEEN 12/7/09 Ordinance M-70-09 to Second Reading and adopt Ordinance M-70-09. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Argus NAYS: 1 -Wilson ABSENT: 0 -None Motion declared carried. ADJOURNMENT: Moved by Bogusz, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:22 p.m. APPROVED BY ME THIS DAY OF in J /Toylan, MAYOR Gloria !o , 20.91 J. Ludwig - CI Y CLERK