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09-16-201310/21113 AMENDED -Corrected Substitute Motion to Table on Page 4 re Warrant Register. CALL TO ORDER: ROLL CALL: MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, SEPTEMBER 16, 2013 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 6:02 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, September 16, 2013. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten, Sojka and Charewicz. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Director of Public Works and Engineering Oakley, Police Chief Kushner, Fire Chief Wax, and General Counsel Friedman. EXECUTIVE SESSION: PRAYER AND PLEDGE: CITIZEN PART.: Moved by Sayad, seconded by Sojka, to go into Executive Session to discuss Personnel and Pending Litigation. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. The City Council recessed at 6:04 p.m. The City Council reconvened at 7 :21 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten, Sojka and Charewicz. The opening prayer was given by Pastor Daryl York of the Brentwood Baptist Church, followed by the Pledge of Allegiance to the Flag. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that there is a dangerous situation at Lee and Oakton with hoses across sidewalks. Mr. Andy Samborski, 2108 Sherwin, addressed the City Council on behalf of the Knights of Columbus announcing the Tootsie Roll Drive from September 20 to 22 and the Bowl-a-Thon on October 27 to raise funds for a variety of organizations. Ms. Mary Bachmann, 2075 Halsey Drive, addressed the City Council stating she is against the aldermen who voted down the Bosnian Mosque and is opposed to adding hotels at the Casino. Mr. Wharton Sinkler, 973 Margret Street, addressed the City Council stating there are opportunities to improve bike and pedestrian routes. CONSENT AGENDA: AUTHORIZE DISPOSAL CITY VEHICLES: Consent Agenda Ordinance M-21-13 CONTRACT AMENDMENT/ AGGREGATE MATERIALS/ SPOILS CONTRACT- YEARTWO: Consent Agenda Resolution R-149-13 APPROVE PURCHASE/ POLICE DEPT./ REPLACE UTILITY VEHICLE: Page 2 of 6 9/16/13 Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council asking about Phase II of the Casino which included building hotels as well as the appeal of property taxes by the Casino. Moved by Sayad, seconded by Robinson, to establish the Consent Agenda, except for Items 3 and 3a. Motion declared carried. Moved by Sojka, seconded by Robinson, to approve the Consent Agenda. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten, Sojka, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Staff recommendations and requests were approved; Ordinance M-21-13 was placed on First Reading; Resolutions R-147-13, R-149-13 and Ordinance M-20- 13 were adopted. Moved by Sojka, seconded by Robinson, to concur with Staff recommendation to authorize disposition of City vehicles and equipment through the Northwest Municipal Conference Auction on October 15, 2013; and further place on First Reading Ordinance M-21-13, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sojka, seconded by Robinson, to concur with Staff recommendation to authorize a Contract Amendment to the Aggregate Materials and Spoils Disposal Contract, Year Two, with MQ Sewer and Water Contractors, Inc., 4323 North Central Avenue, Chicago, Illinois 60634, in the amount of $50,000.00 (Water/Sewer Fund Contingency); and further recommend to adopt Resolution R-149-13, A RESOLUTION APPROVING A FIRST AMENDMENT TO THE AGGREGATE MATERIALS AND SPILS DISPOSAL CONRACT BY AND BETWEEN THE CITY AND M.Q. SEWER AND WATER CONTRACTORS, INC. Motion declared carried as approved unanimously under Consent Agenda. Alderman Sojka requested that this Item be removed from Consent Agenda. Alderman Sojka asked Fire Chief Wax if this purchase could be delayed. Alderman W alsten requested more information regarding the purchase of a vehicle with compressed natural gas. Fire Chief Wax answered questions from the Aldermen. Resolution R-145-13 AWARD BID/ POLICE STATION FACADE REHAB: Consent Agenda Resolution R-147-13 COMMISSION APPOINTMENTS/ RE- APPOINTMENT: ORDINANCE M-20-13 NEW CLASS A LIO. LIC./ 1472 MARKET ST.: Consent Agenda Page 3 of 6 9/16/13 Moved by W alsten, seconded by Brookman, to TABLE this item until the next regular Council meeting of October 7, 2013. Motion declared carried. Moved by Sojka, seconded by Robinson, to concur with Staff recommendation to award bid of the Police Station Fa9ade Rehabilitation Project to lowest responsible bidder Fieldstone Building Services, Inc., 415 Rockwell Court, Burr Ridge, Illinois 60527 in the amount of $140,900.00 (Capital Projects Fund, R&M Buildings & Structures -Police); and further adopt Resolution R-147-13, A RESOLUTION APPROVING AN AGREEMENT WITH FIELDSTONE BUILDING SERVICES, INC., FOR THE REHABILITATION OF THE POLICE ST A TION F A(::ADE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sojka, seconded by Robinson, to approve the following Mayoral Commission Appointments/Re-appointment: APPOINTMENTS: SPECIAL EVENTS COMMISSION Katherine Merkle, Brian Wolf, Luis Contreras, Kirsten Tangeros and Heather Larson ECONOMIC DEVELOPMENT COMMISSION Louis Psihogios, Tony Batalla and Patrick McGeean LIBRARY BOARD Rosemary Mulligan and Kristen Graack RE-APPOINTMENT: LIBRARY BOARD Steven Mokry Moved by Sojka, seconded by Robinson, to adopt Ordinance M-20-13, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "LIQUOR CONTROL," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR TAP HOUSE GRILL DES PLAINES, LLC, D/B/A TAP HOUSE GRILL, LOCATED AT 1472 MARKET STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Sayad, Chair WARRANT REGISTER: AMEND CITY CODE/ INSPECT/ EMERALD ASH BORER: 6b CLASSIFICATION/ 2070 MAPLE ST.: Page 4 of 6 9/16/13 Moved by Sayad, seconded by Rodd, to recommend to the City Council approval of the September 16, 2013 -Warrant Register in the total amount of $4,451,709.21. Moved by W alsten Charewiez, seconded by Brookman Robinson, for a substitute motion to TABLE the invoices from Holland & Knight in the amount of $30,071.56 to the next Council meeting of October 7, 2013. Upon roll call, the vote was: A YES: 4-Robinson, Rodd, Sojka, Charewiez Haugeberg, Sayad, Brookman, Walsten NAYS: 4-Robinson, Rodd, Sojka, Charcwicz Haugeberg, Sayad, Brookman, Walsten ABSENT: 0-None Motion declared FAILED. Moved by Brookman, seconded by Charewicz, to recommend to the City Council approval of the September 16, 2013 -W rurnnt Register in the total amount of $4,451, 709.21; and further recommend that Resolution R-146-13 be adopted at appropriate time this evening. Motion declared carried. PUBLIC WORKS -Alderman Sojka, Chair Following discussion, moved by Brookman, seconded by Sojka, to not adopt Ordinance M-18-13 which would amend Title 5, Chapter 5, Section 3 of the Des Plaines City Code to allow for the inspection and removal of trees infested with the "Emerald Ash Borer". Upon roll call, the vote was: AYES: 5-Rodd, Sayad, Brookman, Walsten, Sojka NAYS: 3-Haugeberg, Robinson, Charewicz ABSENT: 0-None Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Walsten, Chair Associate Planner Yu reviewed his Memorandum of September 5, 2013 regarding a request by Applicant Big Acquisitions, LLC for a municipal resolution as required by the Cook County Office of the Assessor (CCOA) stating that the City supports and consents to the filing of a Class 6b application for 2070 Maple Street and answered questions from the Aldennen. Attorney Patrick Kilmer-Lipinski of Liston & Tsantilis representing the Applicant answered questions from the Aldermen. Moved by Haugeberg, seconded by Robinson, to recommend to the City Council approval of Resolution R-148-13 stating that the City supports and consents to the filing of a Class 6b application for 2070 Maple Street by Applicant Big Acquisitions, LLC. Motion declared carried. ~~i UNFINISHED BUSINESS: APPROVE MINUTES, AS AMENDED/ AUG. 19, 2013: AMEND CITY CODE TITLE 4/ BUSINESS REG'S: Ordinance M-19-13 NEW BUSINESS: WARRANT REGISTER: Resolution R-146-13 AMEND CITY CODE/ INSPECT/ EMERALD ASH Page 5 of 6 9/16/13 MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Haugeberg, seconded by Sojka, to approve the Minutes of the Regular City Council Meeting held August 19, 2013, as Amended. Motion declared carried. Following discussion with Staff, moved by Charewicz, seconded by Robinson, to place on First Reading Ordinance M-19-13, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Walsten, Sojka, Charewicz NAYS: I-Brookman ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-146-13, 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: $4,451,709.21. Upon roll call, the vote was: AYES: NAYS: ABSENT: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten, Sojka, Charewicz 0-None 0-None Motion declared carried. Moved by Charewicz, seconded by Robinson, to approve the invoices from Holland & Knight in the amount of $30,071.56. Upon roll call, the vote was: AYES: 5-Haugeberg, Robinson, Rodd, Sojka, Charewicz NAYS: 3-Sayad, Brookman, Walsten ABSENT: 0-None Motion declared carried. Moved by Sojka, seconded by W alsten, to concur with recommendation of Committee of the Whole to DENY approval of Ordinance M-18-13, which would amend Title 5, Chapter 5, Section 3 of the Des Plaines City Code to J~ BORER: Ordinance M-18-13 6b CLASSIFICATION/ 2070 MAPLE ST.: Resolution R-148-13 Page 6 of 6 9/16/13 allow for the inspection and removal of trees infested with the "Emerald Ash Borer". Upon roll call, the vote was: A YES: 5-Rodd, Sayad, Brookman, W alsten, Sojka NAYS: 3-Haugeberg, Robinson, Charewicz ABSENT: 0-None Motion declared carried. Moved by Walsten, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-148-13, A RESOLUTION SUPPORTING, APPROVING OF AND CONSENTING TO APPROVAL OF CLASS 6b CLASSIFICATION FOR THE PROPERTY LOCATED AT 2070 MAPLE STREET. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Rodd, Sayad, NAYS: ABSENT: Brookman, W alsten, Sojka, Charewicz 0-None 0-None Motion declared carried. ADJOURNMENT: Moved by Walsten, seconded by Sojka, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at I 0: 12 p.m. Olona J.~dw~-~ERK APPROVED BY ME THIS