05-03-2010MINUTES 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, MAY 3, 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: 02 p. m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic
Center on Monday, May 3, 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 Community & Economic
Development Conlan and City Attorney Wiltse.
PRAYER AND
PLEDGE:
CITIZEN
PARTICIPA. :
The opening prayer was
Daryl Merrill, Jr. of
followed by the Pledge of
given by The
the Christian
Allegiance to
Reverend Dr.
Life Church,
the Flag.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
City Council commending the Fire and Police
Departments for a quick response when called for an
emergency at his home. Mr. Burkross questioned the
process of advancing an issue from the last Council
meeting to immediate vote rather than waiting until
the next Council meeting.
Mr. Paul Klein, 1845 Linden Street, addressed the
City Council regarding a complaint of a trailer
parked next to a garage at 2150 S. River Road.
Mr. Richard Smolenski, 3 95
the City Council regarding
Boulevard and River Road.
Elk Boulevard, addressed
the paving done at Elk
Mr. Thomas Vana, Secretary for Viet Nam Veterans of
America, addressed the City Council reading a letter
sent to Lisa Madigan, Illinois Attorney General,
requesting a refund of a late filing fee on behalf of
Viet Nam Veterans of America in 2004; recommended
using partial profits in 2010 for funding to go to
School District 207 rather than cutting costs, losing
teachers and programs.
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
NAME CHANGE/
NORTH SHORE
AVE.:
Consent
Agenda
Ordinance
M-15-10
COND. USE/
CLASS B REST./
1167 E.
ELMHURST RD . :
Consent
Agenda
Ordinance
M-2-10
Page 2 of 7 5/03/10
Alderman Brook.man requested that Items 5 and Sa be
removed from the Consent Agenda.
Moved by Higgason, seconded by Argus, to establish a
Consent Agenda. Motion declared carried.
Moved by Bogus z, seconded by Haugeberg, to approve
the Consent Agenda. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Higgason,
Brook.man, Walsten, Wilson, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
The minutes were approved; Staff recommendations and
requests were approved; Ordinances M-15-10 and Z-11-
10 were placed on First Reading; and Ordinance Z-9-
10, Resolutions R-54-10, R-56-10, R-57-10, R-58-10,
R-59-10 and R-60-10 were adopted.
Moved by Bogus z, seconded by Haugeberg, to approve
minutes of the Regular Meeting of the City Council
held April 19, 2010 as published. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Bogus z, seconded by Haugeberg, to approve
minutes of the Executive Session of the City Council
held April 19, 2010. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Bogus z, seconded by Haugeberg, to concur
with Staff recommendation to approve street renaming
of "North Shore Avenue" to "Northshore Avenue" to
eliminate confusion with mail deli very; and further
recommend to place on First Reading Ordinance M-15-
10, AN ORDINANCE CHANGING THE NAME OF NORTH SHORE
AVENUE TO NORTHSHORE AVENUE. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Bogus z, seconded by Haugeberg, to concur
with Staff recommendation to approve the conditional
use permit request for the operation of a Class B
restaurant in a C-3 District at 1167 Elmhurst Road;
and further recommend to place on First Reading
Ordinance Z-11-10, AN ORDINANCE ALLOWING FOR A
CONDITIONAL USE PERMIT TO PERMIT A CLASS B RESTAURANT
WITH CUSTOMER SEATING FOR 20 PERSONS AT 1167 S.
ELMHURST ROAD, DES PLAINES, ILLINOIS. (CASE #10-008-
CU) . Motion declared carried as approved unanimously
under Consent Agenda. t\VL
NIPSTA/FIRE
DEPT.:
Resolution
R-53-10
HGHWY. AUTH.
AGR./IEPA/
1111 SCHWAB
RD.:
Consent
Agenda
Resolution
R-54-10
AGR./CONTRACT
A/STORM WATER
MASTER PLAN
#8, 9, 11:
Consent
Agenda
Resolution
R-59-10
Page 3 of 7 5/03 /10
Fire Chief Wax answered questions from the a l dermen
regarding NIPSTA's safety record.
Moved by Walsten, seconded by Argus, to concur with
Staff recommendation to approve continued membership
and participation in the Northeastern Illinois Public
Safety Training Academy (NIPSTA), 2300 Patriot
Boulevard, Glenview, Illinois 60026 for the Fire
Department in an amount not to exceed $23,129.00; and
further recommend to adopt Resolution R-53-10, A
RESOLUTION AUTHORIZING THE DES PLAINES FIRE
DEPARTMENT CONTINUED MEMBERSHIP AND PARTICIPATION IN
THE NORTHEASTERN ILLINOIS PUBLIC SAFETY TRAINING
ACADEMY (NIPSTA). Upon rol l 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 Haugeberg, to concur
with Staff recommendation that City of Des Pl aines
approve Highway Authority Memorandum of Agreement for
City of Des Plaines Department of Publ ic Works, 1111
Joseph J. Schwab Road (Campground Road); and further
recommend to adopt Resolution R-54-10, A RESOLUTION
AUTHORIZING THE EXECUTION OF A HIGHWAY AUTHORITY
AGREEMENT BETWEEN THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY AND THE CITY OF DES PLAINES.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Bogusz, seconded by Haugeberg, to concur
with Staff recommendation authorizing the Acting City
Manager to enter into an agreement with American
GeoEngineering, Inc., 399-A Wall Street, Glendale
Heights, Illinois 60139 to perform soil and material
testing during construction of Contract A, Storm
Water Master Plan Areas # 8, 9, and 11 in an amount
not to exceed $14, 5 7 5. 0 0; and further recommend to
adopt Resolution R-59-10, A RESOLUTION AUTHORIZING
THE EXECUTION OF AN AGREEMENT BETWEEN AMERICAN
GEOENGINEERING, INC. AND THE CITY OF DES PLAINES FOR
GEOTECHNICAL ENGINEERING SERVICES TO BE PERFORMED FOR
THE 2010 CAPITAL IMPROVEMENT PROGRAM -CONTRACT A,
STORM WATER MASTER PLAN AREAS #8, #9 AND #1 1 , AT A
COST NOT TO EXCEED $14,575.00 (Motor Fuel Tax Fund).
Motion decl ared carried as approved unanimously under
Consent Agenda. k}},
AGR. /ST. AND
UTILITY
IMPRV' S.:
Consent
Agenda
Resolution
R-58-10
BID AWARD/
REPAIR &
UTILITY
LOCATION/ST.
LIGHTS/UNDER-
GROUND WIRING:
Consent
Agenda
Resolution
R-57-10
IDOT/2010,
2011:
Consent
Agenda
Resolution
R-60-10
BID AWARD/
FERTILIZER/
WEED CONTROL:
Consent
Page 4 of 7 5/03/10
Moved by Bogusz, seconded by Haugeberg, to concur
with Staff recommendation authorizing the Acting City
Manager to enter into an agreement with Chicago
Testing Laboratory, Inc., 1612 Landmeier Road, Unit
C, Elk Grove Village, Illinois 60 0 07 to perform soil
and material testing during construction of MFT 10-
00210-00RS, Street & Utility Improvements in an
amount not to exceed $2 0, 52 9. 0 0; and further
recommend to adopt Resolution R-58-10, A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
CHICAGO TESTING LABORATORY, INC. AND THE CITY OF DES
PLAINES FOR GEOTECHNICAL ENGINEERING SERVICES TO BE
PERFORMED FOR THE 2010 CAPITAL IMPROVEMENT PROGRAM -
STREET AND UTILITY IMPROVEMENTS AT A COST NOT TO
EXCEED $20,529.00 (Motor Fuel Tax Fund) (MFT-10-
00210-00-RS). Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Bogus z, seconded by Haugeberg, to concur
with Staff recommendation to award bid for repair and
utility location of street lights and underground
wiring to H & H Electric Company, 2830 Commerce
Street, Franklin Park, Illinois 60131 in an amount
not to exceed $20, 000. 00; and further recommend to
adopt Resolution R-57-10, A RESOLUTION AUTHORIZING
ACCEPTANCE OF A BID FROM H&H ELECTRIC CO. FOR THE
REPAIR AND UTILITY LOCATION OF STREET LIGHTS AND
UNDERGROUND WIRES IN THE CITY OF DES PLAINES. Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Bogusz, seconded by Haugeberg, to concur
with Staff recommendation that City of Des Plaines
approve Illinois Department of Transportation (IDOT)
Construction on State Highways Resolution for 2010
and 2011; and further recommend to adopt Resolution
R-60-10, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DES PLAINES, PLEDGING AND GUARANTEEING THAT ALL
CONSTRUCTION, OPERATION AND MAINTENANCE OF VARIOUS
STREET IMPROVEMENTS ON STATE HIGHWAYS MAINTAINED BY
THE CITY ARE PERFORMED IN
GRANTED BY THE STATE OF
ACCORDANCE WITH PERMITS
ILLINOIS DEPARTMENT OF
TRANSPORTATION. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Bogus z, seconded by Haugeberg, to concur
with Staff recommendation to award bid for
contractual fertilizer and weed control application
to TruGreen Limited Partnership, 52 5 Busse Highway,
<~~{-
Agenda
Resolution
R-56-10
APPOINTMENT:
ORDINANCE
Z-9-10
REZONING/
1450, 1470
TOUHY AVE.,
2300, 2777
MANNHEIM RD . :
Consent
Agenda
IDOT/
DES PLAINES
RVR. RD./
JURIS.
TRANSFER:
Consent
Agenda
Ordinance
M-22-10
Page 5 of 7 5/03/10
Park Ridge, Illinois 60068, in an amount not to
exceed $21,723.28 (Street/Grounds); and further
recommend to adopt Resolution R-56-10, A RESOLUTION
AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN
TRUGREEN LIMITED PARTNERSHIP AND THE CITY OF DES
PLAINES FOR CONTRACTUAL FERTILIZER AND WEED CONTROL
APPLICATION THROUGHOUT DES PLAINES. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Bogusz, seconded by Haugeberg, to
Mayoral appointment of Richard Hofherr to the
Board of Appeals (term to expire 4/30/12).
declared carried as approved unanimously
Consent Agenda.
approve
Zoning
Motion
under
Moved by Bogusz, seconded by Haugeberg, to approve
rezoning of 1450 and 1470 Touhy Avenue and 2300 and
2777 Mannheim Road from C-2 (Limited Office
Commercial) to C-3 (General Commercial) ; and further
recommend to adopt Ordinance Z-9-10, AN ORDINANCE
GRANTING A MAP AMENDMENT FROM C-2, LIMITED OFFICE
COMMERCIAL TO C-3, GENERAL COMMERCIAL DISTRICT FOR
THE PROPERTY LOCATED AT 1450 AND 1470 TOUHY AVENUE,
2300 MANNHEIM ROAD AND 2777 MANNHEIM ROAD, DES
PLAINES, ILLINOIS. (CASE #10-007-MAP). Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Bogusz, seconded by Haugeberg, to concur
with Staff recommendation to accept jurisdictional
transfer from Illinois Department of Transportation
( IDOT) of a portion of Des Plaines River Road for
maintenance purposes; and further recommend to place
on First Reading Ordinance M-22-10, AN ORDINANCE
PROVIDING FOR THE ADDITION OF DES PLAINES RIVER ROAD
FROM THE NORTH EDGE OF PAVEMENT OF DEVON AVENUE TO
THE SOUTH EDGE OF PAVEMENT OF TOUHY AVENUE, IN ITS
ENTIRETY TO THE MUNICIPAL STREET SYSTEM OF THE CITY
OF DES PLAINES, COOK COUNTY, ILLINOIS. Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Wilson, seconded by Bogusz, to advance to
Second Reading and adopt Ordinance M-22-10, AN
ORDINANCE PROVIDING FOR THE ADDITION OF DES PLAINES
RIVER ROAD FROM THE NORTH EDGE OF PAVEMENT OF DEVON
AVENUE TO THE SOUTH EDGE OF PAVEMENT OF TOUHY AVENUE,
IN ITS ENTIRETY TO THE MUNICIPAL STREET SYSTEM OF THE
CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. Upon
roll call, the vote was:
M-22-10
(Cont'd)
COMMISSION
APPT./
REAPPT.:
WARRANT
REGISTER:
WARRANT
REGISTER:
Resolution
R-55-10
AYES:
NAYS:
Page 6 of 7 5/03/10
8-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, Walsten, Wilson, Argus
0-None
ABSENT: 0-None
Motion declared carried.
Being presented for consideration (no action
required) are the following Mayoral APPOINTMENTS:
FIRE AND POLICE COMMISSION
Reappointment of Debra Lester
04/30/13
Term to Expire
Appointment of Michael Albrecht Term to Expire
04/30/12 (Replaces Mario Palacios, Resigned 04/9/10)
Motion by Robinson, seconded by Walsten, to waive the
Rules and the two week waiting period before voting
on the appointments. Voice Vote -All Ayes. Motion
declared carried.
Motion by Robinson, seconded by Walsten, to approve
the Mayoral APPOINTMENTS:
FIRE AND POLICE COMMISSION
Reappointment of Debra Lester
04/30/13
Appointment of Michael Albrecht
04/30/12
Term to Expire
Term to Expire
Voice Vote -All Ayes. 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 Robinson, to
recommend to the City Council approval of the May 3,
2010 Warrant Register, in the total amount of
$4,822,293.10; and further recommend that Resolution
R-55-10 be adopted at appropriate time this evening.
Motion declared carried.
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
Moved by Higgason, seconded by Argus, to concur with
recommendation of Commit tee of the Whole to adopt
Resolution R-55-10, 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
~~j~
R-55-10
(Cont'd)
ADJOURNMENT:
Page 7 of 7 5/03/10
CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT
FOR SAME . Tot al : $ 4 , 8 2 2 , 2 9 3 . 1 0 . Upon r o 11 ca 11 ,
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 Robinson, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 7:51 p.m.
APPROVED BY ME THIS
DAY OF