07-19-2010MINUTES 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, JULY 19, 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, July 19, 2010.
ROLL CALL: Roll call indicated the following aldermen present:
Haugeberg, Robinson, Higgason, Brookman, Wilson and
Argus. Alderman Bogusz arrived at 6:07 p.m.
Alderman Walsten was absent.
Also present were: Acting City Manager Slowinski, Director of
Finance Wisniewski, Police Chief Prandini, Deputy Fire Chief Eilken,
Assistant Director of Public Works and Engineering Boeche, Assistant
Director of Public Works and Engineering Duddles, Director of
Information Technology Duebner, Director of Human Resources Earl and
City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
CITIZEN
PART.:
CONSENT
AGENDA:
Moved by Haugeberg, seconded by Higgason,
Executive Session to discuss collective
Motion passed unanimously.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:00 p.m.
to go into
bargaining.
Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Higgason, Brookman,
Walsten, Wilson, and Argus.
The opening prayer was given by City Clerk Ludwig,
followed by the Pledge of Allegiance to the Flag.
Ms. Sherry Nelson, 2134 Douglas, addressed the City
Council stating she believes in open government; the
decision regarding the new Director of the Library
should not have been made in Exe cu ti ve Session; the
succession plan for a new Director of the Library in
2008 should have been shared with the public; she
hopes the Library Board will conduct business in a
more open and transparent fashion in the future.
Alderman Bogusz requested that Item 2 be removed from
the Consent Agenda and Alderman Walsten requested
that Item 11 be removed from the Consent Agenda. ~~i--
CONSENT
AGENDA:
(Cont'd)
MINUTES:
Consent
Agenda
LIQ. LIC.
RENUMBERING:
Consent
Agenda
Ordinance
M-28-10
PURCHASE BOAT
& TRAILER/FIRE
DEPT.:
Consent
Agenda
Resolution
R-98-10
Page 2 o f 9 7 /1 9 /10
Moved by Higgason, seconded by Bogusz, to establish a
Consent Agenda except for Items 2 and 11. 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
Motion declared carried.
The minutes were approved; Staff recommendations and
requests were approved; Ordinances M-27-10 and M-28-
10 were placed on First Reading; and Resolutions R-
98-10, R-99-10, R-101-10, R-103-10, R-104-10, R-105-
10 and R-106-10 were adopted.
Moved by Robinson, seconded by Haugeberg, to approve
minutes of the Regular Meeting of the City Council
held July 6, 2010, as published. Motion declared
carried as approved unanimously under Consent Agenda.
Alderman Bogusz requested that the minutes of the
Executive Session of the City Council held July 6,
2010 be removed for amendment. There was no
objection.
Moved by Robinson, seconded by Haugeberg, to concur
with Staff recommendation to approve liquor license
renumbering; and further recommend to place on First
Reading Ordinance M-28-10, AN ORDINANCE AMENDING
TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4,
"INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND
NUMBER," OF THE DES PLAINES CITY CODE. Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Robinson, seconded by Haugeberg, to concur
with Staff recommendation to authorize the purchase
of One (1) D-17 Patten Inflatable Boat with Trailer
in the amount of $15,995.00 from Environmental Safety
Group, Inc., 570 E. North Frontage Road, Bolingbrook,
Illinois 60440; and further recommend to adopt
Resolution R-98-10, A RESOLUTION AUTHORIZING THE
PURCHASE OF A D-17 PATTEN INFLATABLE BOAT WITH
TRAILER FROM ENVIRONMENTAL SAFETY GROUP, INC. AT A
TOTAL COST OF $15, 995. 00 ( FDERF BUDGETED FUNDS
$19,200.00). Motion declared carried as approved
unanimously under Consent Agenda. ~\f
SCADA SYSTEM:
Consent
Agenda
Resolution
R-99-10
IL LAW ENF.
ALARM SYSTEM
GRANT:
Consent
Agenda
Resolution
R-101-10
COST SHARING
AGR./
DES PLAINES
RIVER RD.
RECONSTR./
MIDWEST
GAMING:
Consent
Agenda
Resolution
R-103-10
PLAT DED./
DEVON AVE.:
Consent
Agenda
Resolution
R-106-10
Page 3 of 9 7/19/10
Moved by Robinson, seconded by Haugeberg, to concur
with Staff recommendation to accept proposal for
Supervisory Control and Data Acquisition (SCADA)
System Phase I Upgrades from MWH Constructors, 370
Interlocken Boulevard, Suite 300, Broomfield,
Colorado 80021 in an amount not to exceed $44,300.00;
and further recommend to adopt Resolution R-99-10, A
RESOLUTION ACCEPTING A PROPOSAL FROM MWH AMERICAS,
INC. FOR THE SCADA SYSTEM PHASE I UPGRADES IN THE
AMOUNT OF $44,300.00 (Water Sewer Funds). Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Robinson, seconded by Haugeberg, to concur
with Staff recommendation to accept Illinois Law
Enforcement Alarm System (ILEAS) Emergency Operations
Center Technology Grant in the amount of $70,074.06;
and further recommend to adopt Resolution R-101-10, A
RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO
ENTER INTO A GRANT AGREEMENT WITH THE ILLINOIS LAW
ENFORCEMENT ALARM SYSTEM FOR REIMBURSABLE FUNDS
TOTALING $70,074.06. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Haugeberg, to concur
with Staff recommendation to authorize cost sharing
agreement for the reconstruction of Des Plaines River
Road in the amount of $668,484.00 with Midwest Gaming
& Entertainment, LLC, 900 North Michigan Avenue,
Suite 1900, Chicago, Illinois 60611 (95% of the total
amount will be due at the execution of the
Agreement); and further recommend to adopt Resolution
R-103-10, A RESOLUTION AUTHORIZING THE EXECUTION OF A
COST SHARING AGREEMENT BETWEEN THE CITY OF DES
PLAINES AND MIDWEST GAMING & ENTERTAINMENT, LLC FOR
THE RECONSTRUCTION OF DES PLAINES RIVER ROAD. Motion
declared carried
Consent Agenda.
as approved unanimously under
Moved by Robinson, seconded by Haugeberg, to concur
with Staff recommendation to accept plat of
dedication for a portion of Devon Avenue in
conjunction with improvements and construction of the
Des Plaines Casino; and further recommend to adopt
Resolution R-106-10, A RESOLUTION APPROVING AND
ACCEPTING THE PLAT OF DEDICATION TO PUBLIC USE AS
PART OF THE PUBLIC STREET KNOWN AS DEVON AVENUE, IN
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda. ~~t
RENEW
CONTRACT/
CALL ONE:
Consent
Agenda
Resolution
R-104-10
AMEND AGR./
PNC EQUIP.
FINANCE:
Consent
Agenda
Resolution
R-105-10
ORDINANCE
M-29-10
ABATEMENT/
2010A, 2010B
GO BONDS:
Consent
Agenda
ADV. BIDS/
SNOW PLOWING:
Page 4 of 9 7/19/10
Moved by Robinson, seconded by Haugeberg, to concur
with Staff recommendation to authorize renewal of a
36-month contract with Call One for telephone
services (Voice Grade, Centrex and Low-baud Data
Circuits) through the Suburban Purchasing Cooperative
Telecommunications Agreement; and further recommend
to adopt Resolution R-104-10, A RESOLUTION
AUTHORIZING THE EXECUTION OF A THREE YEAR RENEWAL
CUSTOMER SERVICE AGREEMENT BETWEEN UNITED
COMMUNICATIONS SYSTEMS COMPANY d/b/a CALL ONE AND THE
CITY OF DES PLAINES FOR TELEPHONE SERVICES.
declared carried
Consent Agenda.
as approved unanimously
Motion
under
Moved by Robinson, seconded by Haugeberg, to concur
with Staff recommendation to authorize execution of
Amended Agreement with PNCEF, LLC, d/b/ a PNC
Equipment Finance, 995 Dalton Avenue, Cincinnati,
Ohio 45203 for the lease of two (2) photocopy
machines; and further recommend, to adopt Resolution
R-105-10, A RESOLUTION APPROVING THE REVISED
AMENDMENT TO THE FIVE YEAR LEASE AGREEMENTS BETWEEN
PNC EQUIPMENT FINANCE AND THE CITY OF DES PLAINES,
WITH ALL RELATED DOCUMENTS. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Haugeberg, to concur
with Staff recommendation to authorize abatement of
Year 2010A and 2010B General Obligation Refunding
Bonds in the amount of $140, 836. 72, as provided for
in Ordinance M-44-09; and further recommend to place
on First Reading Ordinance M-29-10, ABATEMENT OF THE
2009 TAX LEVY FOR THE GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2010A AND SERIES 2010B. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Haugeberg, to adopt
Ordinance M-29-10, ABATEMENT OF THE 2009 TAX LEVY FOR
THE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010A
AND SERIES 2010B. 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.
Assistant Director of Public Works and Engineering
Boeche answered questions from the Aldermen.
Moved by Walsten, seconded by Haugeberg, to concur
J~-1-
SNOW PLOWING:
(Cont'd)
ORDINANCE
M-27-10
LIQ. LIC./
967-1/2 s.
ELMHURST RD . :
Consent
Agenda
COMMISSION
APPTS.:
WARRANT
REGISTER:
Page 5 of 9 7/19/10
with Staff recommendation to authorize the City Clerk
to advertise for bids for contractual snow plowing
with a return date of August 6, 2010 at 3:00 p.m.
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 adopt
Ordinance M-27-10, AN ORDINANCE AMENDING TITLE 4,
"BUSINESS REGULATIONS, fl CHAPTER 4, "INTOXICATING
LIQUORS, fl SECTION 5, "LICENSE FEES AND NUMBER, fl OF
THE DES PLAINES CITY CODE TO DELETE ONE CLASS E
LIQUOR LICENSE AND ADD ONE CLASS A LIQUOR LICENSE FOR
TAQUERIA LOS AMIGOS DE APATZINGAN, INC., D/B/A LOS
AMIGOS LOCATED AT 967-~ SOUTH ELMHURST ROAD, DES
PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Being presented for consideration (no action
required) is the following Mayoral APPOINTMENT:
LIBRARY BOARD OF TRUSTEES:
John Robinson -(Replacing Noreen Lake, Resignation
Effective 07/31/10) Term to expire 06/30/11
Moved by Argus, seconded by Higgason, to suspend the
Rules. Voice Vote All Ayes. Motion declared
carried.
Moved by Higgason, seconded by Argus, to consent to
the Mayoral appointment of John Robinson as Library
Board Trustee effective immediately. Upon roll call,
the vote was:
AYES: 7-Haugeberg, Bogusz, Higgason,
Brookman, Walsten, Wilson, Argus
NAYS: 0-None
ABSTAIN:l-Robinson
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 Walsten, seconded by Haugeberg, to recommend
to the City Council approval of the July 19, 2010 -
Warrant Register, in the total amount of
*»-J-
WARRANT
REGISTER:
(Cont'd)
LIQ. LIC./
1492 MINER
ST.:
Pa ge 6 of 9 7/1 9/10
$2,547,244.93; and further recommend that Resolution
R-102-10 be adopted at appropriate time this evening.
Motion declared carried.
LEGAL AND LICENSING -Alderman Robinson, Chair
Alderman Walsten asked Chief Prandini if there were
any problems in connection with the 4 a.m. liquor
license. Chief Prandini stated that a couple of
weeks ago he and the Mayor met with the owners to
remind them about over serving alcohol.
City Clerk Ludwig swore in Mr. John Grammatis, 512 E.
Haven Street, Arlington Heights, Illinois to give
testimony regarding the application for a 4 a.m.
liquor license on behalf of JAK Miner, Inc.
Mr. Grammatis addressed the Committee of the Whole
and answered questions from the Aldermen.
Alderman Wilson asked about the hours of operation.
Alderman Walsten
third shift and
work.
asked about people who work the
come into his establishment after
Alderman Haugeberg stated that she did vote against
the 4 a.m. liquor license last year due to her
concerns for the residents in the area; the owners
have invested in the business; they care about the
property and its customers; she will vote in favor of
the 4 a.m. license.
Alderman Higgason stated that on the occasions when
she has been in the tavern there is always ownership
present; if someone totally new was taking over the
business, she would be against a 4 a.m. liquor
license; since it is the same family, she will vote
in favor of it.
Alderman Brookman stated that he has an issue with
safety; he will vote against it.
Alderman Bogusz stated that the time of the license
is not an issue; Des Plaines should not be a city of
4 a.m. licenses; he will not support it.
Alderman Robinson stated that the issue is not
change in ownership, but the proliferation of 4
liquor licenses in Des Plaines.
the
a.m.
~~-J-
1492 MINER
ST.:
(Cont'd)
Page 7 of 9
Alderman Argus stated that she liked
fa9ade for the building; concerned
drinking; she will not support the
license.
7 /19/10
the proposed
about people
4 a. m. liquor
Mr. Wayne Serbin, 835 Pearson Street, Des Plaines,
addressed the Committee of the Whole stating it was
not fair that a mark was made against the business
for two incidents which had nothing to do with the
business; each time they applied for a 4 a.m. liquor
license it was denied; perhaps a new council will
vote differently.
Ms. Margaret Polovchak, 94 East Ashland Avenue,
addressed the Committee of the Whole stating that she
is a resident of Des Plaines; she urged the Council
not to issue 4 a.m. liquor licenses; she is the
Executive Director of Maine Community Youth
Assistance Foundation which is committed to helping
create a safe and healthy community in part through a
commitment to decreasing overall substance use rates
among youth and adults; studies have shown that
alcohol availability has adverse affects on public
safety (research studies in the City Council file).
Mr. Dick Sayad, 290 Shannon Court, addressed the
Committee of the Whole stating that the Council has a
difficult decision to make; two bouncers and training
program will assist staff in keeping people out who
were drinking before they enter the establishment;
staff has a right to refuse to serve them.
Dr. M. McKernan, 1920 Andy Lane, addressed the
Committee of the Whole stating that people go to a
tavern for camaraderie and not just to get drunk; it
is a good idea to have two bouncers present during
business hours; the owners pay for cab rides for
those who should not be driving after drinking.
Mr. Dion Kendrick, 943 Webster Lane, addressed the
Committee of the Whole stating that since the casino
will be open 24/7, it would not be fair to issue a 4
a.m. liquor license for the casino and not the
smaller business.
Mrs. Susie Grammatis, 512 E. Haven Street, Arlington
Heights, Illinois addressed the Committee of the
Whole stating that a 4 a .m. license separates their
business from others; her husband is extremely
strict; he has a policy of zero tolerance; he would
~ff-
1492 MINER
ST.:
(Cont'd)
WARRANT
REGISTER:
Resolution
R-102-10
LIQ. LIC./
1492 MINER
ST.:
ADJOURNMENT:
Page 8 of 9 7/19/10
not jeopardize his liquor license.
City Attorney Wiltse and Chief Prandini answered
questions from the Aldermen.
Mr. Grammatis answered questions from the Aldermen.
Moved by Walsten, seconded by Haugeberg, to approve a
4 a. m. liquor license. Aldermen Higgason, Walsten
and Wilson voted yes. Aldermen Haugeberg, Robinson,
Bogusz, Brookman and Argus voted no. Motion declared
failed.
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-102-10, 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: $2,547,244.93. 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.
Since the Committee vote resulted in a tie, Alderman
Robinson, as Chair, reported out a denial of the
issuance of a 4 a.m. liquor license.
Moved by Robinson, seconded by Bogusz, to concur with
recommendation of Committee of the Whole to deny the
issuance of a 4 a.m. liquor license to JAK Miner,
Inc. Upon roll call, the vote was:
AYES: 5-Robinson, Bogusz,
Brookman, Argus, Moylan
NAYS: 4-Haugeberg, Higgason, Walsten, Wilson,
ABSENT: 0-None
Motion declared carried.
Moved by Walsten, seconded by Robinson, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 8:15 p.m~~~-j,
Page 9 of 9 7/19/10
APPROVED BY ME THIS
DAY OF
~MAYOR