04-05-2010MINUTES 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, APRIL 5, 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: 00 p. m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic
Center on Monday, April 5 2010.
ROLL CALL: Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogus z, Higgason, Brookman,
Walsten, Wilson, and Argus.
Also present were: Acting City Manager Slowinski, Assistant
Director of Finance Bromber, 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.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PRESENTATION:
PROCLAMATION:
Moved by Argus, seconded by Walsten, to go into
Exe cu ti ve Session to discuss probable and imminent
litigation, acquisition of property, personnel and
collective bargaining. Motion passed unanimously.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:22 p.m.
Roll call indicated the following aldermen
Haugeberg, Robinson, Bogus z,
Walsten, Wilson, and Argus.
Higgason,
present:
Brookman,
The opening prayer was given by Captain Pedro Arias
of the Salvation Army, followed by the Pledge of
Allegiance to the Flag.
Mr. John Kelly of All-Circo, Inc. presented and
answered questions from the aldermen regarding its
services, recent activities for representation and
advocacy on behalf of the City of Des Plaines before
the State Legislature, the Governor's Office and
other state departments and agencies.
Mayor Moylan presented a Proclamation to
Polovchak, Executive Director, of Maine
Youth Assistance Foundation, declaring
Alcohol Awareness Month.
Margaret
Community
April as
1\-1-
Page 2 of 9 4/05/10
CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the
PARTICIPATION: City Council stating that he attended a meeting of
the Mount Prospect and Des Plaines Library Trustees
to discuss topics of mutual interest; he suggested
that the Mount Prospect and Des Plaines Police
Departments meet with residents once a month to
exchange ideas.
EXECUTIVE
SESSION
ACTION:
CONSENT
AGENDA:
President of the Des Plaines
addressed the City Council giving
on fundraising; $34,000 of their
been raised to date.
Mr. John Burke,
Historical Society
a status report
$175,000 goal has
Ms. Elizabeth Makelim, Vice President of the Des
Plaines Historical Society addressed the City Council
announcing that a Community Party celebrating the
175th ( Demisemiseptcentennial) Anniversary of Des
Plaines will be held on Friday, May 21, 2010 from
6:00 to 11:00 p.m. at Lake Park. (In file) Contact
the History Center for more information.
Moved by Argus, seconded by Higgason, to TABLE Item
2(b) under Community Development Committee
Extension of the Conditional Use and Variation/3003
Mannheim Road, HNI, LLC and Ordinance Z-7-10. Voice
Vote -All Ayes. Motion declared carried.
Moved by Higgason, seconded by Haugeberg, to TABLE
Item 2 under Unfinished Business Rescission of
Motion Authorizing Purchase of Sims Bowl and
Resolution R-41-10. Voice vote. Aldermen Haugeberg,
Robinson, Higgason, Brookman and Walsten voted yes.
Aldermen Bogusz, Wilson and Argus voted no. Motion
declared carried.
Moved by Walsten, seconded by Higgason, that Staff
continue to negotiate with IAFF #4211 consistent with
the direction given in Executive Session. Voice Vote
-All Ayes. Motion declared carried.
Alderman Brookman requested that items 6, 6a, 7 and
7a be removed from the Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to
establish a Consent Agenda. Motion declared carried.
Moved by Haugeberg,
the Consent Agenda.
AYES: 8-Haugeberg,
seconded by Robinson, to approve
Upon roll call, the vote was:
Robinson, Bogusz, Higgason, JV-
CONSENT
AGENDA:
(Cont'd)
MINUTES:
Consent
Agenda
AUCTION OF
CITY VEHICLES:
Consent
Agenda
Ordinance
M-14-10
POLICE
TRAINING/
TACTICAL
RESPONSE:
Consent
Agenda
Resolution
R-35-10
Page 3 of 9 4 /05/10
NAYS:
Brookman, Walsten, Wilson, Argus
0-None
ABSENT: 0-None
Motion declared carried.
The minutes were approved; Staff recommendations and
requests were approved; Ordinance M-14-10 was placed
on First Reading; Ordinances M-11-10, M-12-10 and
Resolutions R-35-10, R-40-10 and R-42-10 were
adopted.
Moved by Haugeberg, seconded by Robinson, to approve
minutes of the Regular Meeting of the City Council
held March 1, 2010, as published. 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 March 15, 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 March 15, 2010. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to concur
with Staff recommendation to authorize
vehicles/equipment no longer of use to the City to be
sold at the Northwest Municipal Conference auction on
Saturday, May 1, 2010 at the Arlington Heights Public
Works facility; and further recommend to place on
First Reading Ordinance M-14-10, AN ORDINANCE
AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL
PROPERTY IN ACCORDANCE WITH THE DES PLAINES CITY CODE
SECTION 1-12-4. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to
authorize the City to use federal asset forfeiture
funds in the amount of $18,880.00 for the Des Plaines
Police Department's Tactical Response Team to attend
Mid South Institute for Self-Defense Shooting, Inc.,
5582 Blythe Road, Lake Cormorant, Mississippi 38641-
9725; and further recommend to adopt Resolution R-35-
10, A RESOLUTION AUTHORIZING MID-SOUTH INSTITUTE OF
SELF-DEFENSE SHOOTING, INC. TO PROVIDE ADVANCED SWAT
TRAINING TO THE DES PLAINES POLICE DEPARTMENT'S
TACTICAL RESPONSE TEAM. Motion declared
approved unanimously under Consent Agenda.
carried as
IDOT/ELGIN
O'HARE WEST
BYPASS:
Resolution
R-36-10
BID AWARD/
2010 CONCRETE
IMPROVEMENTS:
Resolution
R-39-10
BID AWARD/
UNLEADED/
DIESEL FUEL:
Consent
Agenda
Resolution
R-40-10
Page 4 of 9 4/05/10
Moved by Walsten, seconded by Robinson, to concur
with Staff recommendation to support the further
design and construction of the regionally-preferred
Alternative 203, Option D of the Elgin-0' Hare West
Bypass project; and further recommend to adopt
Resolution R-36-10, A RESOLUTION SUPPORTING THE
COMPLETE CONSTRUCTION OF TRANSPORTATION "BUILD
ALTERNATIVE 203, OPTION D" AS REGIONALLY SUPPORTED BY
PARTICIPATING STAKEHOLDERS AS PART OF THE ILLINOIS
DEPARTMENT OF TRANSPORTATION TIER ONE STUDY OF THE
ELGIN-O'HARE WEST BYPASS.
was:
Upon roll call, the vote
AYES: 6-Haugeberg, Robinson, Bogusz, Higgason,
Walsten, Argus
NAYS: 2-Brookman, Wilson
ABSENT: 0-None
Motion declared carried.
Moved by Brookman, seconded by Walsten, to concur
with Staff recommendation to award 2010 Concrete
Improvements to Copenhaver Construction, 121 Center
Drive, Gilberts, Illinois 60136 in the amount of
$562, 716. 00 ($312, 716 Motor Fuel Tax Fund and
$250,000 Capital Projects Fund); and further
recommend to adopt Resolution R-39-10, A RESOLUTION
AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN
COPENHAVER CONSTRUCTION AND THE CITY OF DES PLAINES
FOR CONCRETE AND ALLEY IMPROVEMENTS AS PART OF THE
2010 CAPITAL IMPROVEMENT PROGRAM AT A COST NOT TO
EXCEED $562,716.00, FUNDED FROM THE MOTOR FUEL TAX
FUND (10-00211-00-RP). 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 award contract for
purchase of unleaded gasoline and diesel fuel to Al
Warren Oil Company, 7 4 3 9 W. Archer Avenue, Summit,
Illinois 60501 for unleaded gasoline in an amount not
to exceed $359,200.00, and for diesel fuel in an
amount not to exceed $163,000.00 delivered to Public
Works; and further recommend to adopt Resolution R-
40-10, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A
BID FOR GASOLINE AND DIESEL FUEL FROM AL WARREN OIL
COMPANY, INC. Motion declared carried as approved
unanimously under Consent Agenda. Ji~-[
COPIER LEASE
AGR./REVISION:
Consent
Agenda
Resolution
R-42-10
ADVERTISING
FOR BIDS:
Consent
Agenda
ORDINANCE
M-11-10
LIQ. LICENSE/
1128 LEE ST.:
Consent
Agenda
Page 5 of 9 4/05/10
Moved by Haugeberg, seconded by Robinson, to concur
with Staff recommendation to approve the amendment to
the contract which removes the language related to
the 30 day termination notice language; and further
recommend to adopt Resolution R-42-10, A RESOLUTION
AUTHORIZING AMENDMENTS TO THE RIDERS TO THE FIVE YEAR
LEASE AGREEMENTS BETWEEN PNCEF, LLC D/B/A PNC
EQUIPMENT FINANCE, 995 DALTON AVENUE, CINCINNATI,
OHIO 45203 AS LEASING AGENT FOR CHICAGO OFFICE
TECHNOLOGY GROUP, INC. AND THE CITY OF DES PLAINES,
WITH ALL RELATED DOCUMENTS, FOR THREE ADDITIONAL COPY
MACHINES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to concur
with Staff recommendation to authorize the City Clerk
to advertise for bids for Crack Sealing with a return
date of May 7, 2010 at 10: 00 a.m. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to concur
with Staff recommendation to authorize the City Clerk
to advertise for bids for a Hot Water Pressure Washer
with a return date of April 23, 2010 at 3:00 p.m.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to concur
with Staff recommendation to authorize the City Clerk
to advertise for bids for Hot Mix Asphalt with a
return date of April 23, 2010 at 3: 00 p.m. Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to concur
with Staff recommendation to authorize the City Clerk
to re-advertise for bids on the Noise Abatement Wall
Project with a return date of April 21, 2010 at 10:00
a.m. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to adopt
Ordinance M-11-10, 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 E LIQUOR
LICENSE FOR THE ORIGINAL ABRUZZI CORPORATION, D/B/A
ROSELLI'S LOCATED AT 1128 LEE STREET, DES PLAINES,
ILLINOIS. Motion declared carried as appr~ved
unanimously under Consent Agenda. 2j:) yt-
ORDINANCE
M-12-10
DISPOSAL OBS.
EQUIPMENT:
Consent
Agenda
WARRANT
REGISTER:
BOND CAP
RESERVATION:
EXT. OF
VARIATIONS/
1382-1398
PRAIRIE AVE. :
Page 6 of 9 4/05/10
Moved by Haugeberg, seconded by Robinson, to adopt
Ordinance M-12-10, 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.
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 April
5, 2010 -Warrant Register, in the total amount of
$3,750,612.83; and further recommend that Resolution
R-37-10 be adopted at appropriate time this evening.
Motion declared carried.
Director of Community & Economic Development Conlan
presented and answered questions from the aldermen.
Mr. Dion Kendrick, 943 Webster Lane, addressed the
Committee of the Whole and requested an explanation
of the difference between industrial revenue bonds
and mortgage revenue bonds.
Director of Community & Economic Development Conlan
answered Mr. Kendrick's question by giving an
explanation of the difference.
Moved by Argus, seconded by Walsten, to recommend to
the City Council approval reserving the City of Des
Plaines' $5, 135, 580 of 2010 private activity volume
cap for an industrial or mortgage revenue bond
project to be determined at a later date; and further
recommend that Resolution R-38-10 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.
Alderman Haugeberg stated that the
spaces per unit were inadequate.
1-1/2
1382-1398
PRAIRIE AVE. :
(Cont'd)
ORDINANCE
M-10-10
GAS STATION
LIQ. LIC.:
WARRANT
REGISTER:
Resolution
R-37-10
Page 7 o f 9 4/05 /10
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that condos have been
in great demand; will Mr. Serb in see this project
built in his lifetime?
Director of Community & Economic Development Conlan
stated that he hoped so.
Mr. Dion Kendrick, 94 3 Webster Lane, addressed the
Committee of the Whole asking if this extension could
be negotiated to include expanded parking spaces.
Director of Community & Economic Development Conlan
stated that the developer stated it could not
increase the number of parking spaces; it would be a
deal killer; they were permitted 1-1/2 parking spaces
per unit under the code at that time; the City is
limited as to what it can do now.
Moved by Walsten, seconded by Wilson, to recommend to
the City Council approval of a 12-month extension for
the 1382-1398 Prairie Avenue project; and further
recommend to place on First Reading Ordinance Z-8-10
at appropriate time this evening. Alderman Haugeberg
voted no. Motion declared carried.
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
Moved by Walsten, seconded by Robinson, to adopt
Ordinance M-10-10, AS AMENDED, AN ORDINANCE AMENDING
TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4,
"INTOXICATING LIQUORS," SECTIONS 4, "CLASSIFICATION
OF LICENSES; DESCRIPTION," SECTION 5, "LICENSE FEES
AND NUMBER," AND SECTION 10, "HOURS OF SALES" OF THE
DES PLAINES CITY CODE TO ADD "CLASS M GAS STATION
LIQUOR LICENSE." Upon roll call, the vote was:
AYES: 5-Robinson, Higgason, Walsten, Wilson,
Moylan
NAYS: 4-Haugeberg, Bogusz, Brookman, Argus
ABSENT: 0-None
Motion declared carried.
Moved by Higgason, seconded by Brookman, to concur
with recommendation of Committee of the Whole to
adopt Resolution R-37-10, 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 JJ
J~·~
R-37-10
(Cont'd)
BOND CAP
RESERVATION:
Resolution
R-38-10
EXT. OF
VARIATION/
1382-1398
PRAIRIE AVE. :
Ordinance
Z-8-10
SINGLE BID/
FERTILIZER/
WEED CONTROL:
Page 8 o f 9 4/05/10
FOR SAME. Total: $3,750,612.83. 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 Haugeberg, to concur
with recommendation of Committee of the Whole to
adopt Resolution R-38-10, A RESOLUTION RESERVING
VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND
ISSUES AND RELATED MATTERS. 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
recommendation of Committee of the Whole to place on
First Reading Ordinance Z-8-10, AN ORDINANCE GRANTING
A ONE YEAR EXTENSION OF ORDINANCE Z-7-07 WHICH
AUTHORIZED TWO MAJOR VARIATIONS TO SECTIONS 7.3-8 E.
AND 10.8-2 OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO ALLOW THE CONSTRUCTION OF A 40-UNIT
CONDOMINIUM DEVELOPMENT WITH A LOT AREA OF 27 , 900
SQUARE FEET WITH NO INTERIOR PARKING LOT LANDSCAPING
AT 1382-1398 PRAIRIE AVENUE, DES PLAINES, ILLINOIS.
(CASE #06-134-V) Upon roll call, the vote was:
AYES: 7-Robinson, Bogusz, Higgason,
Brookman, Walsten, Wilson, Argus
NAYS: 1-Haugeberg
ABSENT: 0-None
Motion declared carried.
Moved by Argus, seconded by Higgason, to authorize
the City Clerk to open single bid received on March
24, 2010 for Fertilizer /Weed Control. Motion
declared carried.
City Clerk Ludwig announced that the single bid was
received from TruGreen, 525 Busse Highway, Park
Ridge, Illinois 60068, in the total bid amount of
$21,723.28 with an alternate bid for environmentally
friendly products in the total bid amount of
$43,758.07. Moved by Higgason, seconded by Argus, to
refer the bid to Staff for review and report. Motion
declared carried. *~-f-
Page 9 of 9 4/05/10
ADJOURNMENT: Moved by Robinson, seconded by Brookman, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 8:55 p.m.
APPROVED BY ME THIS
DAY OF ~ , 2010
M~MAroR