03-01-2010MINUTES 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, MARCH 1, 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 6: 45 p. m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic
Center on Monday, March 1, 2010.
ROLL CALL: Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Higgason, Walsten,
Wilson, and Argus. Alderman Brookman arrived at 6:51
p.m.
Also present were: Acting City Manager Slowinski, Director of
Finance Wisniewski, Deputy Police Chief Burton, 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.
EXECUTIVE
SESSION:
Moved by Haugeberg, seconded by Bogusz, to go into
Executive Session to review Executive Session
minutes. Motion passed unanimously.
The City Council recessed at 6:46 p.m.
The City Council reconvened at 7:12 p.m.
Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Higgason, Brookman,
Walsten, Wilson, and Argus.
PRAYER AND The opening prayer was given by Reverend Dr. Daryl
PLEDGE: Merrill of the Christian Life Church, followed by the
Pledge of Allegiance to the Flag.
PRESENTATION: Mrs. Mary Rohde from DEEP GREEN Des Plaines
Environmental and Energy Program and Mayor Moylan
presented an award to Samantha Hardt for her
involvement as a youth organizer for many
environmental issues concerning Des Plaines.
CITIZEN Mr. James Blue, 1771 Sherwood Road, addressed the
PARTICIPATION: City Council stating that many municipalities have
opted out of video gambling. Mr. Blue distributed
materials (in file) to the Mayor and Aldermen and
encouraged the City Council to opt out of video
~~'J-
EXECUTIVE
SESSION
MINUTES/
BIANNUAL
REVIEW:
CONSENT
AGENDA:
Page 2 of 9 3/1/10
gambling.
Moved by Robinson, seconded by Haugeberg, to concur
with consensus reached in Executive Session that the
Council release Executive Session minutes as follows:
February 4, 2002 -ACQUISITION OF REAL PROPERTY
Oakton St./New police station
August 18, 2003 -SALE PRICE/POSS. ACQ. REAL PROPERTY
841 Graceland Ave./1439 Lee Street
September 19, 2005 -SALE PRICE
February 2, 2009
City Street Property near O'Hare
-BIANNUAL REVIEW/RELEASE OF
CERTAIN EXEC. SESS. MINUTES
August 17, 2009 -BIANNUAL REVIEW/RELEASE OF
CERTAIN EXEC. SESS. MINUTES
After a review by the City Council, it was
consensus of the aldermen that the need
confidentiality still exists as to all or part of
remaining Executive Session minutes, the
continue to remain unreleased. Upon roll call,
vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, Walsten, Wilson, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
the
for
the
rest
the
Moved by Argus, seconded by Walsten, to postpone
Committee of the Whole Item 3a -Use or Demolition of
Sim's Bowl Property to a date determined later for
discussion by the Community Development Committee and
Staff. After further discussion, it was consensus of
the aldermen to postpone the issue.
Alderman Higgason requested that Items 3 and 3a be
removed from Consent Agenda and Alderman Brookman
requested that Items 1 and la be removed.
Moved by Higgason, seconded by Haugeberg, to
establish a Consent Agenda. Motion declared carried.
Moved by Robinson, seconded by Haugeberg, 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
CONSENT
AGENDA:
(Cont'd)
DISPOSAL
OBS. EQUIP./
LIBRARY:
Resolution
R-25-10
COM. NOTIF.
SYSTEM
RENEWAL:
Consent
Agenda
Resolution
R-21-10
SPRING TREE
PLANTING:
Resolution
R-22-10
Page 3 of 9 3/1/10
Motion declared carried.
Staff recommendations and requests were approved;
Ordinances M-8-10 and Z-4-10 were adopted; and
Resolutions R-21-10, R-22-10, R-23-10, R-25-10 and R-
26-10 were approved.
Alderman Brookman asked questions regarding the
process of disposing of surplus computers and parts.
Moved by Brookman, seconded by Higgason, to concur
with Staff recommendation that the City Council waive
its right-of-first-refusal to purchase from the Des
Plaines Library surplus computers and various other
computer components which the Library Board has
deemed to be no longer necessary or useful, and adopt
Resolution R-25-10, A RESOLUTION WAIVING THE FIRST
RIGHT TO PURCHASE PUBLIC PERSONAL PROPERTY THAT WAS
DEEMED NO LONGER NECESSARY OR USEFUL BY THE DES
PLAINES PUBLIC LIBRARY BOARD OF TRUSTEES. 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 Haugeberg, to concur
with Staff recommendation that the City Council
authorize payment in the amount of $30,477.00 to
Everbridge, Inc., 505 N. Brand Blvd, Suite 700,
Glendale, California 91203, for use of the Aware GIS
and Aware Enterprise system for 12 months ending
March 1, 2011, and adopt Resolution R-21-10, A
RESOLUTION AUTHORIZING PAYMENT TO EVERBRIDGE, INC.
FOR THE CITY'S COMMUNITY NOTIFICATION SYSTEM. Motion
declared carried
Consent Agenda.
as approved unanimously under
Alderman Higgason pointed out that the amount listed
on the agenda was incorrect; it should be $75,000.00,
not $52,000.00.
Moved by Higgason, seconded by Haugeberg, to concur
with Staff recommendation that the City Council
authorize the purchase of trees and planting labor
through the West Central Municipal Conference
Suburban Tree Consortium, 2000 Fifth Avenue, Bldg. J,
River Grove, Illinois 60171, in an amount not to
exceed $75, 000. 00, and adopt Resolution R-22-10, A
~~<}-
R-22-10
(Cont'd)
O'HARE LAKE
PUMP STA.
REPAIR:
Consent
Agenda
Resolution
R-23-10
!EMA GRANT/
CITIZEN CORPS:
Consent
Agenda
Resolution
R-26-10
ADVERTISE FOR
BIDS/FERT./
WEED CONTROL:
Consent
Agenda
ADVERTISE FOR
BIDS/ST. LIGHT
REPAIR/UTILITY
LOCATES:
Consent
Agenda
ADVERTISE FOR
BIDS/ALLEY,
SIDEWALK, CURB
Page 4 of 9 3/1/10
RESOLUTION AUTHORIZING THE PURCHASE OF TREES THROUGH
THE WEST CENTRAL MUNICIPAL CONFERENCE -SUBURBAN TREE
CONSORTIUM. 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 Haugeberg, to concur
with Staff recommendation that the City Council
approve proposal by Gasvoda & Associates, Inc., 1530
Huntington Drive, Calumet City, Illinois 60409 to
perform repairs and reinstall the second KSB/PNT
storm water pump at 0' Hare Lakes Pumping Station in
an amount not to exceed $33,447.00 (Water/Sewer
Fund), and adopt Resolution R-23-10, A RESOLUTION
AUTHORIZING GASVODA & ASSOCIATES, INC. TO REPAIR AND
REINSTALL THE SECOND KSB/PNT STORM WATER PUMP AT
O'HARE LAKES PUMPING STATION. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Haugeberg, to concur
with Staff recommendation that the City Council enter
into a grant agreement with the Illinois Emergency
Management Agency, which will allow the City of Des
Plaines to receive $5,500.00 to help support the
Citizen Corps program, and to adopt Resolution R-26-
10, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A
GRANT FROM THE ILLINOIS EMERGENCY MANAGEMENT AGENCY
IN THE AMOUNT OF $5, 500. 00. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Haugeberg, to concur
with Staff recommendation to authorize the City Clerk
to advertise for bids Fertilizer and Weed Control
Application Contract with a return date of March 24,
2010 at 3:00 p.m. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Haugeberg, to concur
with Staff recommendation to authorize the City Clerk
to advertise for bids Repair and Utility Location of
Street Lights and Underground Wiring with a return
date of March 31, 2010 at 3:00 p.m. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Haugeberg,
with Staff recommendation to authorize the
to advertise for bids 2010 Concrete
to concur
City Clerk
and Alley
w~
PROGRAM:
Consent
Agenda
ADVERTISE FOR
BIDS/GASOLINE/
DIESEL FUEL
PURCHASE:
Consent
Agenda
LIQ. LICENSE
CHANGE
OWNERSHIP/
2179 E. TOUHY:
Consent
Agenda
ORDINANCE
M-8-10
LIQ. LICENSE/
272 HOWARD
AVE.:
Consent
Agenda
ORDINANCE
Z-4-10
COND. USE/
1169 s.
Elmhurst Rd.:
Consent
Agenda
WARRANT
REGISTER:
Page 5 of 9 3/1/10
Improvements MFT-10-00211-00-RP project with a return
date of March 18, 2010 at 10:00 a.m. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Haugeberg, to concur
with Staff recommendation to authorize the City Clerk
to advertise for bids 2010 Gasoline and Diesel Fuel
contract with a return date of March 17, 2010 at 3:00
p.m. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Robinson, seconded by Haugeberg,
with Staff recommendation to approve
Ownership for Class E Restaurant and
Liquor License for Shrin Restaurant,
Tiffany's Restaurant, 2179 E. Touhy
to concur
Change of
Dining Room
Inc., d/b/a
Avenue, Des
carried as Plaines, Illinois. Motion declared
approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Haugeberg, to adopt
Ordinance M-8-10, AN ORDINANCE AMENDING TITLE 4,
"BUSINESS REGULATIONS I II CHAPTER 4 I \\INTOXICATING
LIQUORS I II SECTION 5 I "LICENSE FEES AND NUMBER, II OF
THE DES PLAINES CITY CODE TO ADD ONE CLASS B LIQUOR
LICENSE FOR IN AGAVE WE TRUST, LLC, D/B/A TEQUILA
SPECIALIST LOCATED AT 272 HOWARD AVENUE, DES PLAINES,
ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Robinson, seconded by Haugeberg, to adopt
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.
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, 348, 110. 24; and further recommend that Resolution
R-24-10 be adopted at appropriate time this evening.
Motion declared carried.
LEGAL & LICENSING -Alderman Robinson, Chair
U.S. CELLULAR
TOWER LEASE:
AT&T CELL
TOWER LEASE:
Page 6 of 9 3/1/10
City Attorney Wiltse presented and answered questions
from the aldermen regarding the results of direction
by City Council on November 16, 2009 to renegotiate
the contracts using shorter renewal periods and using
the Consumer Price Index rather than a percentage of
interest.
City Attorney Wiltse also advised the Committee of
the Whole that both AT&T and U.S. Cellular would not
agree to change either the renewal periods or the
interest rate.
Moved by Higgason, seconded by Bogus z, to recommend
to the City Council approval of the lease agreement
with U.S. Cellular and adopt Resolution R-27-10 at
appropriate time this evening. All Ayes Motion
declared carried.
City Attorney Wiltse pointed out to the Committee of
the Whole two changes regarding the AT&T Lease: ( 1)
AT&T bought Cingular and therefore the new name
should be New Cingular Wireless PCS LLC; and (2) that
the cell tower would not be higher than twelve (12)
feet above a structure.
City Attorney Wiltse requested the Committee of the
Whole to amend the leases and approve as amended.
City Attorney Wiltse recited to the Committee of the
Whole that the Consumer Price Index has fluctuated to
less than 4.0% during the years of previous leases.
City Attorney Wiltse answered questions from the
aldermen regarding the length of time it took to
obtain approval from the companies.
Mr. Dion Kendrick, 943 Webster Lane, addressed the
Committee of the Whole stating that it was his
feeling that the Consumer Price Index would take off
in the future.
Moved by Bogusz, seconded by Higgason, that the
Commit tee of the Whole recommend the City Council
approve amendment of the agreement with AT&T to: (1)
change the name to New Cingular Wireless PCS LLC; and
(2) that the cell tower not be higher than twelve
(12) feet above a structure. All Ayes Motion
declared carried.
Moved by Walsten, seconded by Bogusz, that the
~gl-
AT&T CELL
TOWER LEASE:
(Cont'd)
LEED/
CASINO:
WARRANT
REGISTER:
Resolution
R-24-10
Page 7 of 9 3/1/10
Committee of the Whole recommend the City Council
approval of the lease agreement with New Cingular
Wireless PCS LLC (AT&T/Cingular) as amended, and
adopt Resolution R-28-10 at appropriate time this
evening. All Ayes -Motion declared carried.
COMMUNITY DEVELOPMENT -Alderman Argus, Chair
City Attorney Wiltse presented and answered questions
from the aldermen regarding negotiations for a side
agreement with Midwest Gaming on LEED certification
for the proposed Casino.
City Attorney Wiltse stated that efforts to obtain
language other than "commercially reasonable" efforts
to achieve LEED certification failed; LEED is not
mandatory; there are no other buildings in the United
States using LEED; and the bank will not finance the
project if LEED is required by the City.
Director of Community & Economic
presented and answered questions
regarding LEED.
Development Conlan
from the aldermen
Mr. Dion Kendrick, 943 Webster Lane, addressed the
Committee of the Whole cautioning the Committee of
the Whole to be careful; by requiring LEED may chase
builders away; using the words "economically
sustainable" may be a better idea.
Moved by Robinson, seconded by Bogusz, that the
Committee of the Whole recommend the City Council
approve the letter dated February 26, 2010 (in file)
from Midwest Gaming & Entertainment, LLC signed by
Greg Carlin, Chief Executive Officer which outlines
the agreement to use "commercially reasonable"
efforts to employ the technologies and strategies
recommended by the United States Green Building
Council. Motion declared carried. Alderman Wilson
voted no.
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
Moved by Higgason, seconded by Haugeberg, to concur
with recommendation of Committee of the Whole to
adopt Resolution R-24-10, 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
~~t
R-24-10
(Cont'd)
U.S. CELLULAR
TOWER LEASE:
Resolution
R-27-10
AT&T CELL
TOWER LEASE:
Resolution
R-28-10
LEED/
CASINO:
Page 8 of 9 3/1/10
CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT
FOR SAME. Total: $3, 348, 110. 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.
Moved by Robinson, seconded by Higgason, to concur
with recommendation of Committee of the Whole to
adopt Resolution R-27-10, A RESOLUTION AUTHORIZING
THE EXECUTION OF FOUR WIRELESS SITE LEASE AGREEMENTS
BETWEEN US CELLULAR OPERATING COMPANY OF CHICAGO, LLC
AND THE CITY OF DES PLAINES FOR ANTENNAE LOCATED ON
FOUR CITY OWNED WATER TANKS LOCATED IN 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.
Moved by Robinson, seconded by Haugeberg, to concur
with recommendation of Committee of the Whole to
adopt Resolution R-28-10 (AS AMENDED)' A RESOLUTION
AUTHORIZING THE EXECUTION OF A WIRELESS SITE LEASE
AGREEMENT BETWEEN NEW CINGULAR WIRELESS PCS, LLC
FORMERLY AT&T WIRELESS PC, INC AND THE CITY OF DES
PLAINES FOR THE LOCATION OF A WIRELESS ANTENNA ON THE
WATER TANK AT 1850 MINER STREET OWNED BY 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.
Moved by Argus, seconded by Walsten, to concur with
recommendation of Committee of the Whole to accept a
letter dated February 26, 2010 from Midwest Gaming &
Entertainment, LLC signed by Greg Carlin, Chief
Executive Officer which outlines the agreement to use
"commercially reasonable" efforts to employ the
technologies and strategies recommended by the United
States Green Building Council. Upon roll call, the
vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, Walsten, Argus
NAYS: 1-Wilson
ADJOURNMENT:
Page 9 of 9 3/1/10
ABSENT: 0-None
Motion declared carried.
Moved by Haugeberg, seconded by Robinson, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 9:00 p.m.
APPROVED BY ME THIS
DAY OF ~ ' 2010
fa{~ MAYOR