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12/21/2009MINUTES 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 21, 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, December 21, 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, 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. PRAYER AND PLEDGE: The opening prayer was given by Reverend Tim Roames of the Good News Christian Center, followed by the Pledge of Allegiance to the Flag. CITIZEN Dr. M. McKernan, 1920 Andy Lane, addressed the City PARTICIPA.: Council asking about the status of a traffic light at Lee and Perry Streets; can lights along River Road be synchronized more efficiently. Director of Public Works and Engineering Oakley responded to Dr. McKernan's questions. CONSENT AGENDA: Moved by Higgason, seconded by Argus, to establish a Consent Agenda. Motion declared carried. Moved by Argus, seconded by Robinson, 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; Ordinance M-71-09 was placed on First Reading; 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, M-69-09 and Z-26-09 were adopted; and Resolutions R-166-09, R-175-09, R-176- MINUTES: Consent Agenda NEW CLASS E LIQ. LIC./ 1881 OAKTON STREET: Consent Agenda Ordinance M-71-09 BID AWARD/ LEAKING UNDERGROUND STORAGE TANK: Consent Agenda Resolution R-166-09 EASEMENT AGR./METHODIST CAMPGROUND: Consent Agenda Resolution R-175-09 1 Page 2 of 8 12/21/09 09, R-178-09, R-179-09 and R-181-09 were adopted. Moved by Argus, seconded by Robinson, to approve minutes of the Regular Meeting of the City Council held November 16, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Robinson, to approve minutes of the Executive Session of the City Council held November 16, 2009 as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Robinson, to concur with Staff recommendation to place on First Reading Ordinance M-71-09, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS E LIQUOR LICENSE FOR DRB FOODGUYS CO., D/B/A CUZZINS LOCATED AT 1881 EAST OAKTON STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Robinson, to concur with Staff recommendation, in the best interest of the City, to waive the bid process and authorize Marlin Environmental, Inc., 3935 Commerce Drive, St. Charles, Illinois 60174, to provide environmental consulting services and soil remediation per the Illinois Environmental Protection Agency's (IEPA) Corrective Action Plan for 1111 Joseph J. Schwab Road, Des Plaines, Illinois, in an amount not to exceed $67,546.11; and further recommend to adopt Resolution R-166-09, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FOR SOIL REMEDIATION FROM THE PUBLIC WORKS LEAKING UNDERGROUND STORAGE TANK IN DES PLAINES FROM MARLIN ENVIRONMENTAL, INC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Robinson, to concur with Staff recommendation to approve the Temporary Construction Easement Agreement with the Chicago District Campground Association for soil remediation at the Methodist Campground, and further recommend to adopt Resolution R-175-09, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO AN EASEMENT AGREEMENT WITH THE CHICAGO DISTRICT CAMPGROUND ASSOCIATION FOR SOIL REMEDIATION AT THE METHODIST CAMPGROUND IN DES PLAINES. Motion declared carried 14V- 1 1 2 PURCHASE PHONE SYSTEM UPGRADE /CDWG: Consent Agenda Resolution R-176-09 PURCHASE HOT BOX PATCHER: Consent Agenda Resolution R-179-09 DRAINAGE IMPR. FARGO/RIVER RD.: Consent Agenda Resolution R-181-09 CUL-DE-SAC SNOW PLOWING: Consent Agenda Resolution R-178-09 Page 3 of 8 12/21/09 as approved unanimously under Consent Agenda. Moved by Argus, seconded by Robinson, to concur with Staff recommendation to approve contract with CDWG, 230 North Milwaukee Avenue, Vernon Hills, Illinois 60061, for telephone system upgrade in the amount of $49,713.88 (2009 IT Replacement Fund); and further recommend to adopt Resolution R-176-09, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH CDWG, INC. FOR AN UPGRADE OF THE CITY'S TELEPHONE SYSTEM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Robinson, to concur with Staff recommendation, in the best interest of the City, to purchase a 2 -ton Falcon Asphalt Hot Box Patcher from Galva Road Equipment, LLC, 222 SE 5th Avenue, Galva, Illinois 61434 in the amount of $12,800.00(Street Maintenance Budget); and further recommend to adopt Resolution R-179-09, A RESOLUTION ACCEPTING A BID FROM GALVA ROAD EQUIPMENT FOR THE PURCHASE OF AN ASPHALT HOT BOX PATCHER. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Robinson, to concur with Staff recommendation to accept proposal from Christopher B. Burke Engineering, LTD (CBBEL) in the amount of $15,000 for drainage design plans for the Fargo/Des Plaines River Road area and coordination with Illinois Department of Transportation (IDOT) (Capital Projects Fund); and further recommend to adopt Resolution R-181-09, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR DESIGN SERVICES FOR FARGO AVENUE DRAINAGE IMPROVEMENTS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Robinson, to concur with Staff recommendation, in the best interest of the City, to accept the proposal of Trees "R" Us, Inc., P.O. Box 6014, Wauconda, Illinois 60084, for Cul -de - Sac Snow Removal upon receipt of invoice, in the maximum amount of $2,930.00 for each time the route is cleared; and further recommend to adopt Resolution R-178-09, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN TREES "R" US, INC. AND THE CITY OF DES PLAINES FOR SNOW REMOVAL SERVICES. Motion declared carried as approved unanimously under Consent Agenda. 1 Page 4 of 8 12/21/09 ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-52-09 Ordinance M-52-09, AN ORDINANCE LEVYING TAXES FOR YEAR 2009 SPECIAL SERVICE AREA NUMBER FOUR OF THE CITY OF DES TAX LEVY/ PLAINES, COOK COUNTY,ILLINOIS FOR THE FISCAL YEAR SPECIAL SVC. BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, AREA #4: 2010. Motion declared carried as approved Consent unanimously under Consent Agenda. Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-53-09 Ordinance M-53-09, AN ORDINANCE LEVYING TAXES FOR YEAR 2009 SPECIAL SERVICE AREA NUMBER FIVE OF THE CITY OF DES TAX LEVY/ PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR SPECIAL SVC. BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, AREA #5: 2010. Motion declared carried as approved Consent unanimously under Consent Agenda. Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-54-09 Ordinance M-54-09, AN ORDINANCE LEVYING TAXES FOR YEAR 2009 SPECIAL SERVICE AREA NUMBER SIX OF THE CITY OF DES TAX LEVY/ PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR SPECIAL SVC. BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, AREA #6: 2010. Motion declared carried as approved Consent unanimously under Consent Agenda. Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-55-09 Ordinance M-55-09, AN ORDINANCE LEVYING TAXES FOR YEAR 2009 SPECIAL SERVICE AREA NUMBER SEVEN OF THE CITY OF DES TAX LEVY/ PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR SPECIAL SVC. BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, AREA #7: 2010. Motion declared carried as approved Consent unanimously under Consent Agenda. Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-56-09 Ordinance M-56-09, AN ORDINANCE LEVYING TAXES FOR YEAR 2009 SPECIAL SERVICE AREA NUMBER EIGHT OF THE CITY OF DES TAX LEVY/ PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR SPECIAL SVC. BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, AREA #8: 2010. Motion declared carried as approved Consent unanimously under Consent Agenda. Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-57-09 Ordinance M-57-09, AN ORDINANCE LEVYING TAXES FOR YEAR 2009 SPECIAL SERVICE AREA NUMBER NINE OF THE CITY OF DES TAX LEVY/ PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR SPECIAL SVC. BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, Page 5 of 8 12/21/09 AREA #9: 2010. Motion declared carried as approved Consent unanimously under Consent Agenda. Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-58-09 Ordinance M-58-09, AN ORDINANCE LEVYING TAXES FOR YEAR 2009 SPECIAL SERVICE AREA NUMBER TEN OF THE CITY OF DES TAX LEVY/ PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR SPECIAL SVC. BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, AREA #10: 2010. Motion declared carried as approved Consent unanimously under Consent Agenda. Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M -59- M-59-09 09, ABATEMENT OF THE 2009 TAX LEVY FOR THE 2001 ABATEMENT/ GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion YEAR 2001 declared carried as approved unanimously under GO BONDS: Consent Agenda. Consent Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-60-09 Ordinance M-60-09, ABATEMENT OF THE 2009 TAX LEVY FOR ABATEMENT/ GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES YEAR 2002A 2002A. Motion declared carried as approved GO BONDS: unanimously under Consent Agenda. Consent Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-61-09 Ordinance Mi61-09, ABATEMENT OF THE 2009 TAX LEVY FOR ABATEMENT/ THE 2003 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, YEAR 2003A SERIES 2003A. Motion declared carried as approved GO BONDS: unanimously under Consent Agenda. Consent Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-62-09 Ordinance M-62-09, ABATEMENT OF THE 2003 TAXABLE ABATEMENT/ GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003D. YEAR 2003D Motion declared carried as approved unanimously under GO BONDS: Consent Agenda. Consent Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-63-09 Ordinance M-63-09, ABATEMENT OF THE 2009 TAX LEVY FOR ABATEMENT/ THE 2004 GENERAL OBLIGATION BONDS, SERIES 2004A AND YEAR 2004A SERIES 2004B. Motion declared carried as approved & YEAR 2004B ��.L. 1 Page 6 of 8 12/21/09 GO BONDS: unanimously under Consent Agenda. Consent Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-64-09 Ordinance M-64-09, ABATEMENT OF THE 2009 TAX LEVY FOR ABATEMENT/ THE 2005 GENERAL OBLIGATION BONDS, SERIES 2005A, YEAR 2005A, SERIES 2005B, and SERIES 2005C. Motion declared B & C carried as approved unanimously under Consent Agenda. GO BONDS: Consent Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-65-09 Ordinance M-65-09, ABATEMENT OF THE 2009 TAX LEVY FOR ABATEMENT/ THE 2005 GENERAL OBLIGATION BONDS, SERIES 2005E, YEAR 2005E, SERIES 2005F, and SERIES 2005G. Motion declared F & G carried as approved unanimously under Consent Agenda. GO BONDS: Consent Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-66-09 Ordinance M-66-09, ABATEMENT OF THE 2009 TAX LEVY FOR ABATEMENT/ THE 2005 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, YEAR 2005D SERIES 2005D. Motion declared carried as approved GO BONDS: unanimously under Consent Agenda. Consent Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-67-09 Ordinance M-67-09, ABATEMENT OF THE 2009 TAX LEVY FOR ABATEMENT/ THE 2007 GENERAL OBLIGATION REFUNDING BONDS, SERIES YEAR 2007A 2007A AND SERIES 2007B. Motion declared carried as & YEAR 2007B approved unanimously under Consent Agenda. GO BONDS: Consent Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-68-09 Ordinance M-68-09, ABATEMENT OF THE 2009 TAX LEVY FOR ABATEMENT/ THE 2008 GENERAL OBLIGATION REFUNDING BONDS, SERIES YEAR 2008A 2008A. Motion declared carried as approved GO BONDS: unanimously under Consent Agenda. Consent Agenda ORDINANCE Moved by Argus, seconded by Robinson, to adopt M-69-09 Ordinance M-69-09, ABATEMENT OF THE 2009 TAX LEVY FOR ABATEMENT/ THE 2009 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1 1 YEAR 2009B GO BONDS: Consent Agenda ORDINANCE Z-26-09 COND. USE/ 1956-1960 & 1964 MANNHEIM RD.: APPOINTMENTS: WARRANT REGISTER: 2010 BUDGET: WARRANT REGISTER: Resolution R-177-09 Page 7 of 8 12/21/09 2009B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Robinson, to adopt Ordinance Z-26-09, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT THE OPERATION OF AN AUTO BODY REPAIR BUSINESS AT 1956-1960 AND 1964 MANNHEIM ROAD, DES PLAINES, ILLINOIS. (CASE #08 -037 - CU). Motion declared carried as approved unanimously under Consent Agenda. Presented for consideration (no action required) is the Mayoral appointment to the ECONOMIC DEVELOPMENT COMMISSION of Jin Lee (term to expire 04/30/10 - replaces Donald Roberts, resigned 09/09) (final action on this matter under Consent Agenda on January 4, 2010) . 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 Robinson, to recommend to the City Council approval of the December 21, 2009 - Warrant Register, in the total amount of $2,753,245.93; and further recommend that Resolution R-177-09 be adopted at appropriate time this evening. Motion declared carried. Director of Finance Wisniewski presented and answered questions from the aldermen. Moved by Haugeberg, seconded by Robinson, to recommend to the City Council approval of the 2010 Budget; and further recommend that Resolution R-159- 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 Argus, to concur with recommendation of Committee of the Whole to adopt Resolution R-177-09, 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 1 1 R-177-09 (Cont' d) Page 8 of 8 12/21/09 CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,753,245.93. 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. 2010 BUDGET: Motion by Higgason, seconded by Robinson, to approve the 2010 Budget, and the adoption of Resolution R - Resolution 159-09, A RESOLUTION APPROVING THE 2010 ANNUAL BUDGET R-159-09 FOR 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. ADJOURNMENT: Moved by Higgason, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 7:44 p.m. APPROVED BY ME THIS DAY OF « , 2010 Ma Moylan, MAYOR / 494fa,a4,412 Gloria J. Lu wig - CITY LERK