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02-16-2010Approved March i 5 , 2010 Corrected for Scrivener's Errors to add dollar amounts for One-Year Extension of Contract for Tree Trimming and Stump Removal from Robert W. Hendricksen, Paqes 3 and 4 . 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, TUESDAY, FEBRUARY 16, 2010 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 7:03 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, February 16, 2010. ROLL CALL: Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, and Argus. Also present were: Acting 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 Human Resources Earl, Director of Community & Economic Development Conlan and City Attorney Wiltse. PRAYER AND The opening prayer was given by Reverend Ramiro Cruz PLEDGE: of The Bridge Community Church, followed by the Pledge of Allegiance to the Flag. CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the PARTICIPATION: City Council stating that there was a report of graffiti at Maine West High School; was it a prank or a sign of gang activity? Chief Prandini indicated that it was a prank rather than gang activity. CONSENT AGENDA: Mr. Josh Connelly, 941 S. Golf Cul-de-sac, the City Council stating there was trash near the train tracks approximately 30 -50 Seegers Road and requested a clean-up; it neighborhood look bad. Director of Public Engineering Oakley was directed to look problem. addressed build up feet from makes his Works and into the Alderman Brookman requested that items 9, 9a, 11, lla, 12, 12a, 13 and 13a be removed from the Consent Agenda and Alderman Wilson requested that items 1 and 5 be removed from the Consent Agenda. Moved by Higgason, seconded by Haugeberg, to establish a Consent Agenda. Motion declared carried. Moved by Haugeberg, seconded by Robinson, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, CONSENT AGENDA: (Cont'd) MINUTES: Consent Agenda Page 2 of 8 2/16/10 NAYS: Brookman, Walsten, Wilson, Argus 0-None ABSENT: 0-None Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinance Z-14-10 was placed on First Reading. Alderman Wilson stated that Page 6 of the minutes of the Regular Council Meeting of January 4, 2010 regarding the motions made for 1501 Miner Street Lease were incorrect and should be verified. [Verified as correct] Alderman Wilson stated that on Page 2 of the minutes of the Regular Council Meeting of January 19, 2010, it was Alderman Walsten who requested that Items 4, 4a, 5, Sa, 6, 6a, 7 and 7a be removed from Consent Agenda; on Pages 4 and 5 regarding the Walgreens liquor licenses (M-1-10, M-2-10, M-3-10 and M-4-10), the aldermen who moved and seconded these motions were incorrectly listed and should be verified. [Corrections made] Moved by Haugeberg, seconded by Robinson, to approve minutes of the Executive Session of the City Council held January 4, 2010. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Special Meeting of the City Council held January 7, 2010, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Executive Session of the City Council held January 7, 2010. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Executive Session of the City Council held January 19, 2010. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Regular Meeting of the City Council held February 1, 2010, as published. Motion declared carried as approved unanimously under Consent Agenda. Mt MINUTES: Consent Agenda (Cont'd) LIQ. LIC./ 272 HOWARD AVE.: Ordinance M-8-10 COND. USE/ 1169 s. Elmhurst Rd.: Consent Agenda Ordinance Z-4-10 CONTRACT EXT. TREE TRIMMING: Resolution R-18-10 Page 3 of 8 2/16/10 Moved by Haugeberg, seconded by Robinson, to approve minutes of the Executive Session of the City Council held February 1, 2010. Motion declared carried as approved unanimously under Consent Agenda. Mr. Juan Pablo Garciabueno of In Agave We Trust, LLC d/b/a Tequila Specialist, 272 Howard Street, answered questions from the aldermen regarding hours of operation. Moved by Brookman, seconded by Robinson, to concur with Staff recommendation to place on First Reading Ordinance M-8-10, 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 B LIQUOR LICENSE FOR AGAVE WE TRUST, LLC, D/B/A TEQUILA SPECIALIST LOCATED AT 272 HOWARD 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. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to place on First Reading Ordinance Z-4-10, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT A COMMERCIAL SCHOOL AT 1169 SOUTH ELMHURST ROAD, DES PLAINES, ILLINOIS. (CASE #09-049-CU) . Motion declared carried as approved unanimously under Consent Agenda. Director of Public Works and Engineering Oakley answered questions from the aldermen. Moved by Brookman, seconded by Walsten, to concur with Staff recommendation to adopt Resolution R-18- 10, A RESOLUTION AUTHORIZING THE WAIVER OF THE PURCHASING POLICIES AND GUIDELINES IN THE CITY CODE TO AUTHORIZE THE EXECUTION OF A ONE-YEAR EXTENSION OF A CONTRACT IN AN AMOUNT NOT TO EXCEED $100,000.00 FOR TREE TRIMMING FROM ROBERT W. HENDRICKSEN. Upon roll the vote was: call, AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. CONTRACT EXT. TREE/STUMP REMOVAL: Resolution R-19-10 PURCHASE POLICE VEHICLES: Resolution R-20-10 WARRANT REGISTER: ZONING TEXT AMENDMENT/ CASINO: Page 4 of 8 2/16/10 Director of Public Works and Engineering Oakley answered questions from the aldermen. Moved by Brookman, seconded by Robinson, to concur with Staff recommendation to adopt Resolution R-19-10, A RESOLUTION AUTHORIZING THE WAIVER OF THE PURCHASING POLICIES AND GUIDELINES IN THE CITY CODE TO AUTHORIZE THE EXECUTION OF A ONE-YEAR EXTENSION OF A CONTRACT IN AN AMOUNT NOT TO EXCEED $100,000.00 FOR TREE AND STUMP REMOVAL FROM ROBERT W. HENDRICKSEN. 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. Police Chief Prandini answered questions from the aldermen. Moved by Brookman, seconded by Higgason, to concur with Staff recommendation to adopt Resolution R-20- 10, A RESOLUTION AUTHORIZING THE CITY TO ACCEPT THE LOWEST RESPONSIBLE STATE BID OFFER FROM LANDMARK FORD FOR THE PURCHASE OF SIX 2010 FORD CROWN VICTORIA POLICE INTERCEPTOR VEHICLES AT A TOTAL COST OF $131,244.00. 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. 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 February 16, 2010 Warrant Register, in the total amount of $3,492,165.43; and further recommend that Resolution R-16-10 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Argus, Chair Director of Community & Economic Development Conlan presented and answered questions from the aldermen. Mr. Michael Levin, Principal, Development Management }}t ZONING TEXT AMENDMENT/ CASINO: (Cont'd) Page 5 of 8 2/16/10 Associates, LLC presented (in file) and questions from the aldermen regarding the Unit Development (PUD) project. answered Planned Mr. Neil Bluhm of Midwest Gaming and Entertainment, LLC addressed the Committee of the Whole and answered questions from the aldermen regarding the overall casino project. Mr. Scott Strusiner, Vice President, LAMB addressed the Committee of the Whole and questions from the aldermen. Partners, answered Mr. Brian Fink, Associate Principal, KLAI JUBA Architects, addressed the Committee of the Whole and answered questions from the aldermen regarding architecture. Mr. Todd Shaffer, Principal, Haeger Engineering LLC, addressed the Commit tee of the Whole and answered questions from the aldermen regarding engineering. Mr. Neil Kenig, Principal, Kenig, Lindgren, Aboona, Inc. ( KLOA) addressed the Commit tee Whole and answered questions from the regarding transportation and parking. O'Hara, of the aldermen Ms. Katrina Laflin, Laflin Design Group Ltd., addressed the Committee of the Whole and answered questions from the aldermen regarding green space and landscaping. Mr. Michael Levin presented and answered questions from the aldermen regarding the Leadership in Energy and Environmental Design (LEED) program for building the casino. Mr. Levin stated that the casino would open in September, 2011. Director of Community & Economic Development Conlan addressed the Committee of the Whole and answered questions from the aldermen. The aldermen asked questions regarding landscaping, traffic, storm water, and sanitary sewers of the presenters. Alderman Wi 1 son asked if built according to LEED. LEED casino does not exist would be the first one; any of the casinos were Mr. Levin responded that a anywhere else; Des Plaines it is unusual to build a ~~t CASINO: (Cont'd) ZONING MAP AMENDMENT/ CASINO: PREL. PUD/ CASINO: TRAFFIC CALMING POLICY: Resolution R-17-10 Page 6 of 8 2 /16/10 casino using LEED. Alderman Wilson asked about signage. Director of Community & Economic Development Conlan answered questions regarding signage. Moved by Argus, seconded by Brookman, to amend Z-1-10 by deleting 7.3-9 D.4. on LEED Certification from z- 1-10, and direct Staff to meet with Midwest Gaming and bring back a side agreement with recommended language. All Ayes -Motion declared carried. Moved by Argus, seconded by Brookman, that the Committee of the Whole recommend the City Council approve Z-1-10, as amended at the appropriate time this evening. All Ayes -Motion declared carried. Dr. Madlan McKernan, 192 O Andy Lane, addressed the Committee of the Whole asking about a bike path on River Road and Devon and PACE bus service until midnight. Moved by Argus, seconded by Higgason, that the Committee of the Whole recommend the City Council approve Z-2-10 at the appropriate time this evening. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole asking if Des Plaines really needs the LEED program. Moved by Argus, seconded by Higgason, that the Committee of the Whole recommend the City Council approve Z-3-10 at the appropriate time this evening. ENGINEERING -Alderman Bogusz, Chair Director of Public Works addressed the Commit tee of questions from the aldermen. and the Engineering Oakley Whole and answered Civil Engineer Peebles presented (in file) answered questions from the aldermen. and Mr. John Milstead, 2515 Church Street, addressed the Committee of the Whole regarding traffic problems in his area. Moved by Robinson, seconded by Argus, that the Committee of the Whole recommend the City Council approve R-17-10 at the appropriate time this evening. ~~:l ORDINANCE M-7-10 REAR YARD PROGRAM/ COST SHARING: WARRANT REGISTER: Resolution R-16-10 ZONING TEXT AMENDMENT/ CASINO: Ordinance Z-1-10 ZONING MAP Page 7 of 8 2/16/10 MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Walsten, seconded by Argus, to concur with recommendation of Committee of the Whole to adopt Ordinance M-7-10, AN ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES," CHAPTER 2, "SEWER SYSTEMS REGULATIONS," TO ADD SECTION 5, "REAR YARD DRAINAGE PROGRAM, ff TO THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Walsten, Wilson, Argus NAYS: 1-Higgason ABSENT: 0-None Motion declared carried. Moved by Higgason, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to adopt Resolution R-16-10, 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, 492, 165. 43. 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 Higgason, to concur with consensus of Committee of the Whole to place on First Reading Ordinance Z-1-10, As Amended, AN ORDINANCE AUTHORIZING TEXT AMENDMENTS TO ARTICLE 6, "DISTRICTS AND BOUNDARIES I ff ARTICLE 7 I "DISTRICTS" TO ADD C-6 I "CASINO DISTRICT" AND ADD THE DEFINITION OF "CASINO" TO ARTICLE 13. 3 TO THE CITY OF DES PLAINES ZONING CODE, and direct Staff to meet with Midwest Gaming on a side agreement for LEED certification and return it to Council for further consideration. 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 Walsten, to concur with ~3' AMENDMENT/ CASINO: Ordinance Z-2-10 PREL. PUD/ CASINO: Ordinance Z-3-10 TRAFFIC CALMING POLICY: Resolution R-17-10 ADJOURNMENT: Page 8 of 8 2/16/10 consensus of Committee of the Whole to place on First Reading Ordinance Z-2-10, AN ORDINANCE GRANTING A MAP AMENDMENT FROM C-2, LIMITED OFFICE COMMERCIAL TO C-6, CASINO DISTRICT FOR THE PROPERTY LOCATED AT 3000 SOUTH DES PLAINES RIVER ROAD, DES PLAINES, ILLINOIS. (CASE #10-001-PUD). 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 Walsten, to concur with consensus of Committee of the Whole to place on First Reading Ordinance Z-3-10, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT ( PUD) FOR 3 0 0 0 SOUTH DES PLAINES RIVER ROAD, DES PLAINES, ILLINOIS. (Case #10-001-PUD). 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 Bogusz, seconded by Robinson, to concur with consensus of Committee of the Whole to adopt Resolution R-17-10, A RESOLUTION AUTHORIZING THE ADOPTION OF THE NEIGHBORHOOD TRAFFIC MANAGEMENT POLICY IN THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Walsten, Wilson, Argus NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. Moved by Robinson, seconded by Bogusz, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:32 p.m. ~j)~ Gloria J. Ludwig -CI'* CLERK APPROVED BY ME THIS