08/17/2009MINUTES 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, AUGUST 17, 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, August 17,;,2009.
ROLL CALL:
Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Higgason, Brookman,
Walsten, and Wilson. Alderman Argus arrived at 7:00
p.m.
Also present were: City Manager Bajor, Assistant City Manager
Slowinski, Director of Finance Wisniewski, Police Chief Prandini,
Fire Chief Jaeger, 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 Higgason, seconded by Haugeberg, to go into
SESSION: Executive Session to discuss probable and imminent
litigation; pending litigation/probable and imminent
litigation; and biannual review of Executive Session
minutes. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, Walsten, Wilson
NAYS: 0 -None
ABSENT: 1 -Argus
Motion declared carried.
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.
PROCLAMATION: Mayor Moylan read a Proclamation of the City's
support for the 2010 Partnership with the U.S. Census
Bureau for the Decennial Census and presented it to
Representative Lee Habich.
PRAYER AND
PLEDGE:
The opening prayer was given by Mike Merry, Pastor of
Student Ministries at Bridge Community Church,
followed by the Pledge of Allegiance to the Flag.
PAGE TWO 8/17/09
CITIZEN Mr. Brian Burkross, 2133 Webster Lane, addressed the
PARTICIPA.: City Council and stated that efforts to form a
commission to review City budgets would continue.
Mr. Burkross also reported that large branches on his
street need to be picked up. Director of Engineering
Oakley stated that Staff will be directed to do so.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
City Council and referred to an article in the
Tribune that Wilmette is considering a bike helmet
mandate. Mr. Serbin encouraged the City Council to
do the same.
Ms. Jean Uli, 908 Gth Avenue and Ms. Mary Thomas, 9024
Kenneth Drive, jointly addressed the City Council
regarding the Metra station's condition; the station
is a mess; homeless people hang out there; the
station is not open at 5 a.m. as posted. Ms. Uli and
Ms. Thomas asked for the City Council's assistance in
resolving these matters.
Mr. Ronald Moore, 1480 Jefferson Street, addressed
the City Council and asked that more details be
included in the agenda items, i.e., amount of money
stated in a resolution or contract; address of
property for which a variance has been granted; he
finds the current agenda vague. Mr. Moore asked who
decides how or where to use TIF (Tax Increment
Financing) funds. City Manager Bajor stated that
Staff makes recommendations to the City Council, and
the City Council makes the decisions. Mr. Moore
suggested that the print on the banners displayed
downtown be larger.
EXECUTIVE Moved by Robinson, seconded by Walsten, to concur
SESSION with consensus reached in Executive Session that
ACTION: Staff proceed as directed regarding the 701 Lee
Street parking garage past due maintenance
obligations. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, Walsten, Wilson, Argus
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Robinson, seconded by Brookman, to concur
with consensus reached in Executive Session that the
City Council authorize payments on this pending
litigation case, Levee 50, to the following entities
or persons and in the amounts as follows:
PAGE THREE 8/17/09
EXEC. SESSION Action Auto's claims for
(Cont'd) costs and damages
Schmeisser 1842 Miner on
account of lost rent
(lost rent 11 mo. @ $284)
Paul McVicker: their construction
manager thru 6/30
Howard Borde, attorney fees
Howard Borde, consulting fees
at $150 per hour
Precision Inst. 1846 Miner,
requests a payment of
$ 62,619.24
3,124.00
8,052.00
55,000.00
4,950.00
$130,000.00
Total partial payment all claimants: $263,745.24
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.
EXECUTIVE Moved by Robinson, seconded by Higgason, to concur
SESSION with consensus in Executive Session that the
MINUTES/ following Executive Session minutes, or portions
BIANNUAL thereof, no longer require confidential treatment and
REVIEW: are available for public inspection as recommended by
City Attorney Wiltse in his memo of July 29, 2009:
August 6, 2001 -EXECUTIVE SESSION MINUTES
April 9, 2001
August 20, 2001 -EXECUTIVE SESSION MINUTES
July 16, 2001
Acquisition in TIF #6
December 3, 2001 -PROBABLE-IMMINENT LITIGATION
United Feather and Down
February 19, 2002 -PROBABLE-IMMINENT LITIGATION
170 N. East River Road Annex.
April 22, 2002 -PERSONNEL
Early Retirement -Incentive
Program/Non-Union Employee
General Wage Increase
January 3, 2006 -PROBABLE-IMMINENT LITIGATION
Herlihy re sound wall TIF 6.
The Executive Session minutes for these meetings were
in evidence at this meeting for review by the
aldermen.
After a review by the City Council, it was the
consensus of the aldermen that the need for
confidentiality still exists as to all or part of the
remaining Executive Session minutes, the rest
EXECUTIVE
SESSION
MINUTES/
BIANNUAL
REVIEW:
(Cont' d)
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
OBSOLETE
EQUIPMENT:
Consent
Agenda
Ordinance
M-34-09
MAP AMENDMENT/
625 E.
SEEGERS:
Consent
Agenda
Ordinance
Z-20-09
PAGE FOUR 8/17/09
continue to remain unreleased.
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 requested that Items 4, 4a, 5 and
5a be removed from the Consent Agenda.
Moved by Bogusz, seconded by Walsten, to establish a
Consent Agenda. Motion declared carried.
Moved by Higgason, seconded by Argus, 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-34-09 and Z-20-
09 were placed on First Reading; and Ordinances M-33-
09, Z-18-09 and Z-19-09 were adopted.
Moved by Higgason, seconded by Argus, to approve
minutes of the regular meeting of the City Council
held July 20, 2009. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Argus, to concur with
Staff recommendation to authorize to recycle obsolete
electronic equipment no longer necessary or useful to
the City; and further recommend to place on First
Reading Ordinance M-34-09, 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.
Moved by Higgason, seconded by Argus, to concur with
Staff recommendation
Amendment to change
Manufacturing zoning
to approve a Zoning Map
the existing M-2, General
classification to I-1,
Institutional for property located at 625 E. Seegers;
and further recommend to place on First Reading
Ordinance Z-20-09, AN ORDINANCE GRANTING A MAP
AMENDMENT FROM M-2, GENERAL MANUFACTURING TO I-1,
INSTITUTIONAL FOR THE PROPERTY LOCATED AT 625 SE GERS
0�
Z-20-09
(Cont' d)
PAGE FIVE 8/17/09
ROAD, DES PLAINES, ILLINOIS. (Case #09-23-A).
Motion declared carried as approved unanimously under
Consent Agenda.
MAINT. AGR./ Moved by Brookman, seconded by Robinson, to concur
SUNGARD with Staff recommendation to approve SunGard Public
SOFTWARE: Sector annual software maintenance and support
agreement in the amount of $57,915.42; and further
Resolution recommend to adopt Resolution R-124-09, A RESOLUTION
R-124-09 AUTHORIZING THE CONTINUATION OF AND FURTHER PAYMENT
ON A SOFTWARE MAINTENANCE AGREEMENT BETWEEN SUNGARD
AND THE CITY OF DES PLAINES FOR SOFTWARE MAINTENANCE.
Alderman Brookman asked what the City is getting for
the $57,000.00; is it an insurance policy?
Director of Information Technology Duebner stated
that it is not an insurance policy; it is for a
maintenance agreement to use the software and access
technical support.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
City Council and asked why $57,000 was not listed in
Items 4 and 4a of the Agenda. Director of
Information Technology Duebner stated that the
details of the agenda items are on the City's
website. Mr. Burkross stated that residents have a
right to know how much money is being spent and that
it should be listed on the 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.
IEMA GRANT/ Moved by Haugeberg, seconded by Robinson to concur
EMERGENCY with Staff recommendation to approve a resolution
COMMUNITY accepting the Illinois Emergency Management Agency
GUIDE: (IEMA) grant in the amount of $5,000.00; and further
recommend to adopt Resolution R-125-09, A RESOLUTION
Resolution AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT
R-125-09 BETWEEN THE ILLINOIS EMERGENCY MANAGEMENT AGENCY AND
THE CITY OF DES PLAINES FOR A GRANT IN THE AMOUNT OF
$5,000.00.
Alderman Brookman asked if there were any time
constraints for this grant. Police Chief Prandini
stated that he wanted this guide to be included with
the Des Plaines Digest publication when it is
distributed in September. The Emergency Preparedness
R-125-09
(Cont' d)
ORDINANCE
M-33-09
LIQ. LICENSE
RENUMBERING:
Consent
Agenda
ORDINANCE
Z-18-09
COND. USE/
620 E.
CENTRAL:
Consent
Agenda
ORDINANCE
Z-19-09
COND. USE/
2514 BALLARD:
Consent
Agenda
APPOINTMENTS/
REAPPOINTMENTS:
PAGE SIX 8/17/09
Guide is currently in the process of internal review.
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 Argus, to adopt
Ordinance M-33-09, AN ORDINANCE AMENDING TITLE 4,
"BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING
LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF
THE DES PLAINES CITY CODE. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Argus, to adopt
Ordinance Z-18-09, AN ORDINANCE ALLOWING FOR A
CONDITIONAL USE PERMIT TO PERMIT A DOG GROOMING
FACILITY AT 620 E. CENTRAL ROAD, DES PLAINES,
ILLINOIS. (CASE #09 -024 -CU). Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Argus, to adopt
Ordinance Z-19-09, AN ORDINANCE ALLOWING FOR A
CONDITIONAL USE PERMIT TO PERMIT AN OFFICE BUILDING
AT 2514 BALLARD ROAD, DES PLAINES, ILLINOIS. (Case
#09 -019 -CU). Motion declared carried as approved
unanimously under Consent Agenda.
Being presented for consideration (no action
required) are the following Mayoral APPOINTMENTS:
BOARD OF FIRE AND POLICE COMMISSIONERS
Debra R. Lester - (replacing Randy Johnson)
ECONOMIC DEVELOPMENT COMMISSION
Rita Shah - (replacing Charles Van Hyning)
CONSUMER PROTECTION COMMISSION
Mathews Abraham - (replacing Cynthia Morgan)
LIBRARY BOARD OF TRUSTEES
Jennifer Tsalapatanis - (replacing Rhys Read)
REAPPOINTMENTS
FIREFIGHTERS PENSION BOARD
Susan Pekoe - term to expire 5/1/12
Nick Chiaro - term to expire 5/1/12
(final action on this matter under Consent Agenda on
September 8, 2009)
Mrs. Debra Lester, Mrs. Rita Shah and Mr. Mathews
Abraham addressed the City Council individually and
gave a brief resume' of their qualifications to
PAGE SEVEN 8/17/09
APPOINTMENTS/ serve.
REAPPOINTMENTS:
(Cont'd) Moved by Higgason, seconded by Haugeberg, to waive
the two week waiting period and appoint Debra R.
Lester to the Board of Fire & Police Commission
effective August 17, 2009. Motion declared carried.
MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION - Alderman Higgason, Chair
WARRANT Moved by Bogusz, seconded by Robinson, to recommend
REGISTER: to the City Council approval of the August 17, 2009 -
Warrant Register, in the total amount of
$3,994,525.53; and further recommend that Resolution
R-126-09 be adopted at appropriate time this evening.
Motion declared carried.
COPIER LEASE Director of Information Technology Duebner reviewed
AGREEMENTS: his memo of August 7, 2009 regarding MFP (multi-
function printer) copier lease agreements. Director
of Information Technology Duebner gave a power point
presentation (in file) of the copier issues of lease
versus purchase, a bid summary and answered questions
by the aldermen.
It was the consensus of the aldermen not to pass the
resolution until they have reviewed the lease
agreement.
LEGAL & LICENSING - Alderman Robinson, Chair
CLASS "J" Alderman Robinson stated that there will be a
LIQUOR discussion regarding the Class "J" Liquor License
LICENSE: category. The Legal & Licensing Committee agreed, by
a vote of 2 to 1, to recommend to the full City
Council that the Class "J" liquor license category
not be changed, but that further applications be
reviewed on a case-by-case basis.
Alderman Walsten stated that after attending the
Legal & Licensing Committee meeting, he spoke with a
gentleman from Midwest Gaming regarding the 4 a.m.
license and that Midwest Gaming was against
eliminating the Class "J" license; it would greatly
impact the casino operation.
City Manager Bajor stated that a special class liquor
license would need to be created for the casino.
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PAGE EIGHT 8/17/09
CLASS "J" Alderman Argus stated that she did not know if the
DISCUSSION: State of Illinois would issue the license or the City
(Cont' d) of Des Plaines. Alderman Argus referred to a Joliet
Ordinance regarding the Empress Casino. Alderman
Argus stated that a case-by-case review would be
appropriate.
City Attorney Wiltse referred to a memo of August 5,
2009 regarding 4 a.m. liquor licenses in the City of
Des Plaines; there was no recommendation for any
change in the current ordinance. City Attorney
Wiltse stated that it was the City's choice as to how
many Class J liquor licenses would be issued or not.
Alderman Argus will vote no.
Alderman Higgason stated her concerns regarding 4
a.m. licenses.
Alderman Walsten stated that eliminating 4 a.m.
licenses may drive people to surrounding areas to
drink.
Alderman Bogusz stated that the discussion is only
about 4 a.m. liquor licenses that exist within the
City of Des Plaines.
Alderman Brookman will vote no regarding elimination
of the 4 a.m. license.
Police Chief Prandini stated that he is still opposed
to the granting of any new Class "J" licenses for
public safety reasons.
Miss Monica Patel, 2017 Pine Street, addressed the
Committee of the Whole and urged the City Council to
eliminate Class J licenses.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole and stated that the recent
Class J license for the Miner Street Tavern was voted
against. Is this discrimination? Mr. Serbin felt
that eliminating 4 a.m. licenses would open a legal
can of worms.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole and stated that eliminating 4
a.m. licenses would not guarantee that accidents
would not occur. Mr. Burkross stated that revenue
would be lost if Class J licenses were abolished.
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PAGE NINE 8/17/09
CLASS "J" Mr. Gary Warren of the E & G Roadhouse, 864 Rand
DISCUSSION: Road, addressed the Committee of the Whole and stated
(Cont'd) that he started his business 18 years ago. Mr.
Warren stated that his restaurant serves food until 3
a.m.; his rules are very strict; he refuses service
to someone who has had too much to drink. In this
tough economy, there are many issues affecting
business such as taxes and the costs of doing
business.
Moved by Wilson, seconded by Argus, to keep the
status quo on Class "J" Liquor Licenses and the
category not be changed, but that further
applications be reviewed on a case-by-case basis.
Upon roll call, the vote was:
AYES: 7-Haugeberg, Bogusz,
Brookman, Walsten, Wilson, Argus
NAYS: 1 -Robinson
ABSENT: 0 -None
Motion declared carried.
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
WARRANT Moved by Higgason, seconded by Bogusz, to concur with
REGISTER: recommendation of Committee of the Whole to adopt
Resolution R-126-09, BE IT RESOLVED BY THE CITY
Resolution COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING
R-126-09 BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY
CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT
FOR SAME. Total: $3,994,525.53. 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.
CLASS "J" Moved by Wilson, seconded by Argus, to keep the
LIQUOR status quo on Class "J" Liquor Licenses and the
LICENSE: category not be changed, but that further
applications be reviewed on a case-by-case basis.
Upon roll call, the vote was:
AYES: 7-Haugeberg, Bogusz,
Brookman, Walsten, Wilson, Argus
NAYS: 1 -Robinson
ABSENT: 0 -None
Motion declared carried.
c)
PAGE TEN 8/17/09
ADJOURNMENT: Moved by Robinson, seconded by Higgason, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 9:40 p.m.
APPROVED BY ME THIS
DAY OF
( -eXY\bxJ_ , 2009
Mart ' f J . o an, MAYOR
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Gloria J. L);),
udwig - CIT CLERK