08-02-2010CALL TO
ORDER:
ROLL CALL:
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,
MONDAY, AUGUST 2, 2010
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Mayor Martin J. Moylan at 6:30 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday,
August 2, 2010.
Roll call indicated the following Aldermen present: Robinson, Bogusz,
Higgason, Brookman, W alsten, Wilson, and Argus. Alderman Haugeberg was
absent. Alderman Brookman arrived at 6:35 p.m.
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 Community & Economic Development Conlan and City Attorney
Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PUBLIC
HEARING/
CDBGANNUAL
ACTION PLAN:
CALL TO
ORDER:
Moved by Robinson, seconded by Higgason, to go into Executive Session to
discuss Personnel and Probable and Imminent Litigation. Motion passed
unanimously.
The City Council recessed at 6:31 p.m.
The City Council reconvened at 7: 16 p.m.
Roll call indicated the following Aldermen present: Robinson, Bogusz,
Higgason, Brookman, Walsten, Wilson, and Argus. Alderman Haugeberg was
absent.
The opening prayer was given by President Ghulam Farooqie of the Islamic
Community Center, followed by the Pledge of Allegiance to the Flag.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL
CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY,
AUGUST 2, 2010
Mayor Moylan called the Public Hearing to order at 7 :20 p.m. The Public
Hearing was being held pursuant to legal notice to give citizens the opportunity
to comment on the City's 20 I 0-14 Community Development Block Grant
Action Plan for Program Years October 1, 2010 to September 30, 2014, for
which the City is eligible to receive Federal CDBG Funds from the U.S.
Department of Housing & Urban Development (HUD). ~\{-
DISCUSSION:
RECOGNITION:
CITIZEN
PART.:
EXECUTIVE
SESSION:
Page 2 o f 7 8/2/10
Director of Community & Economic Development Conlan gave a brief
overview.
Mayor Moylan asked for comments from the aldermen and the public. Final
action on this matter under Items 6 and 6a on the Consent Agenda this evening.
The Public Hearing was adjourned at 7:22 p.m.
The City Council reconvened at 7 :23 p.m.
Mayor Moylan presented an award to Steven Schaefer recogmzmg his
contributions to the well being of our local Veterans through his work with
VFW Post #4992 and VFW District 4.
Ms. Linda Caruth, 1868 Bennett Place, addressed the City Council stating that
since a conditional use was granted to 1855 Oakton Street a month ago, there
has been no maintenance, the debris has not been removed, no landscaping has
been done; it appears to be open on Sundays, and 12 vehicles with no license
plates appear to be for sale.
Director of Community & Economic Development Conlan stated that the owner
applied for a building permit for electrical work to be done. He will check on
the status.
Mr. Wayne Serbin, 83 5 Pearson Street, addressed the City Council and
congratulated Steve Schaefer for his work with the Veterans; he attended a
meeting for public comment regarding the GO TO 2040 Comprehensive
Regional Plan as proposed by the Chicago Metropolitan Agency for Planning
(in file).
Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council stating
that he heard people talking about the Executive Session at the Library; minutes
of our Executive Sessions should be made available to the public; the City is in
financial trouble; there is talk about having a not-for-profit organization similar
to the one in Park Ridge for 4th of July parade and fireworks and the Taste of
Des Plaines; if Library were to search countrywide for a new Director, doing
that would be going overboard; since Jason Slowinski has been the Acting City
Manager, give him the job permanently.
City Attorney Wiltse explained the guidelines regarding Executive Session
minutes, when they are released and stated that final action is taken in open
sess10n.
Moved by Higgason, seconded by Bogusz, that the City Council concur with
the consensus reached in Executive Session and direct Staff to proceed
accordingly with final action to be taken at a future City Council meeting.
Aldermen Robinson, Bogusz, Higgason, Brookman, Wilson and Argus\ voted
Yes. Alderman Walsten voted No. Motion declared carried. cf~{-
CONSENT
AGENDA:
MINUTES:
MINUTES:
Consent
Agenda
EXT. PUD/
254LAUREL
AVE.:
Ordinance
Z-19-10 .
Page 3 o f 7 8/2/10
Alderman Bogusz requested that Item 1 be removed from the Consent Agenda;
Alderman Brookman requested that Items 4 and 4a be removed from the
Consent Agenda.
Motion by Higgason, seconded by Argus, to establish the Consent Agenda
except for Items 1, 4 and 4a. Voice Vote-All Ayes. Motion declared carried.
Motion by Higgason, seconded by Argus, to approve Consent Agenda. Upon
roll call, the vote was:
AYES: 7-Robinson, Bogusz, Higgason,
Brookman, Walsten, Wilson, Argus
NAYS: 0-None
ABSENT: 1-Haugeberg
Motion declared carried.
Moved by Bogusz, seconded by Walsten, to postpone approval of the minutes
of Executive Session of the City Council held July 6, 2010 for amendment until
the next City Council meeting on August 16, 2010. Voice Vote -All Ayes.
Motion declared carried.
Moved by Higgason, seconded by Argus, to approve minutes of the Regular
Meeting of the City Council held July 19, 2010, as published. Motion declared
carried.
Moved by Higgason, seconded by Argus, to approve minutes of the Executive
Session of the City Council held July 19, 2010. Motion declared carried as
approved unanimously under Consent Agenda.
Director of Community & Economic Development Conlan answered questions
from the Alderman.
Moved by Brookman, seconded by Higgason, to concur with Staff
recommendation to approve request from Lexington Homes, LLC, for a one-
year extension of all construction components of the Lexington Park
Development Project located at 254 Laurel Avenue; and further recommend to
place on First Reading Ordinance Z-19-10, AN ORDINANCE GRANTING A
12 MONTH EXTENSION FOR PHASE II OF THE CONDITIONAL USE
FOR THE PRELIMINARY PLANNED UNIT DEVELOPMENT GRANTED
BY ORDINANCE Z-19-05 FOR THE PROPERTY COMMONLY KNOWN
AS 254 LAUREL A VENUE, DES PLAINES, (Case #05-31-PUD-A). Upon
roll call, the vote was:
AYES: 7-Robinson, Bogusz, Higgason,
Brookman, Walsten, Wilson, Argus
NAYS: 0-None
ABSENT: 1-Haugeberg ~ t~
Motion declared carried. Ji O
FINAL PLAT/
101 WEST
OAKTON ST.
Consent
Agenda
Resolution
R-100-10
CDBGANNUAL
ACTION PLAN:
Consent
Agenda
Resolution
R-107-10
Resolution
R-108-10
CHICAGO
WATER SUPPLY
AGR.:
Consent
Agenda
Resolution
R-109-10
BID AWARD/
ROCK SALT:
Consent
Agenda
Resolution
R-110-10
RENEW TEMP.
PARKING LOT/
AGR./170 SOUTH
RIVER ROAD:
Consent
Agenda
Page 4 of 7 8/2/10
Moved by Higgason, seconded by Argus, to concur with Staff recommendation
to approve Final Plat of Subdivision for Desoto Re-subdivision located at 101
West Oakton Street; and further recommend to adopt Resolution R-100-10, A
RESOLUTION APPROVING THE FINAL PLAT FOR DESOTO
RESUBDIVISION LOCATED AT 101 WEST OAKTON STREET, DES
PLAINES, ILLINOIS. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Higgason, seconded by Argus, to concur with Staff recommendation
to adopt the Annual Community Development Block Grant (CDBG) Plan; and
further recommend to adopt Resolution R-107-10, A RESOLUTION
APPROVING THE CITY OF DES PLAINES COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2010 ANNUAL
ACTION PLAN. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Higgason, seconded by Argus, to concur with Staff recommendation
to adopt the 5-Year Community Development Block Grant (CDBG); and
further recommend to adopt Resolution R-108-10, A RESOLUTION
APPROVING THE CITY OF DES PLAINES' PY 2010-2014 CDBG
CONSOLIDATED PLAN. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Higgason, seconded by Argus, to concur with Staff recommendation
to authorize execution of Letter of Renewal for an Intergovernmental Water
Supply Agreement with the City of Chicago; and further recommend to adopt
Resolution R-109-10, A RESOLUTION AUTHORIZING THE EXECUTION
OF A LETTER OF RENEW AL FOR AN INTER GOVERNMENT AL WATER
SUPPLY AGREEMENT BETWEEN THE CITY OF CHICAGO AND THE
CITY OF DES PLAINES. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Higgason, seconded by Argus, to concur with Staff recommendation
to accept the rock salt bid award through the State of Illinois CMS 2009-2010
Rock Salt Procurement contract, PSD 4015389-02, at a cost of $59.95 per ton
payable to Cargill Incorporated Salt Division, 24950 Country Club Boulevard,
#450, North Olmsted, Ohio 44070; and further recommend to adopt Resolution
R-110-10, A RESOLUTION AUTHORIZING THE PURCHASE OF ROCK
SALT THROUGH ILLINOIS CENTRAL MANAGEMENT SERVICES.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Argus, to concur with Staff recommendation
to approve the renewal of the temporary parking arrangement for Pesche's
Garden Center, 170 South River Road, Des Plaines; and further recommend to
adopt Resolution R-115-10, A RESOLUTION AUTHORIZING THE
EXECUTION OF A TEMPORARY PARKING LOT AGREEMENT
BETWEEN THE CITY OF DES PLAINES AND PESCHE'S GARDEN
CENTER AND GREENHOUSES. Motion declared carried as approved ~~i-
Resolution
R-115-10
ADV. BID/
DES PLAINES
DIGEST I 2011,
2012,2013:
Consent
Agenda
ORDINANCE
M-28-10
LIQ. LIC./
RENUMBERING:
Consent
Agenda
COMMISSION
APPOINTMENTS/
REAPP'T.:
WARRANT
REGISTER:
1645 RIVER RD./
FLOODPLAIN
Page 5 of 7 8/2/1 0
unanimously under Consent Agenda.
Moved by Higgason, seconded by Argus, to concur with Staff recommendation
to authorize the City Clerk to advertise for bids to print the Des Plaines Digest
newsletter for years 2011, 2012 and 2013 (four editions each year) with a return
by 3:00 p.m. in the City Clerk's Office on Wednesday, August 18, 2010.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Argus, to concur with Staff recommendation
to adopt Ordinance M-28-10, AN ORDINANCE 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.
Being presented for consideration (no action required) are the following
Mayoral Appointments/Reappointment:
CONSUMER PROTECTION COMMISSION:
Tim Hardt-Term to expire 08/30/12
(Replaces Tony Garcia -not reappointed 08/08)
YOUTH COMMISSION
Robert Neil -Term to expire 12/01/10
(Completes term of Gloria Ludwig, resigned 04/09)
REAPPOINTMENT:
YOUTH COMMISSION
Mary Dankowski-Term to expire 12/01/12
MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS
NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION -Alderman Higgason, Chair
Director of Finance Wisniewski answered questions from Alderman Bogusz
regarding the transfer of services and costs thereof from the City to the Library.
Moved by Walsten, seconded by Robinson, to recommend to the City Council
approval of the August 2, 2010 -Warrant Register, in the total amount of
$3,479,685.43; and further recommend that Resolution R-113-10 be adopted at
appropriate time this evening. Motion declared carried.
ENGINEERING -Alderman Bogusz, Chair
Director of Public Works and Engineering Oakley reviewed his Memorandum
of July 14, 2010 and answered questions from the Aldermen. ~ \ ~
VARIATION:
WARRANT
REGISTER:
Resolution
R-113-10
Page 6 of 7 8/2/10
Mr. Gus Bahramis, 1645 River Road, addressed the Committee of the Whole
and answered questions from the Aldermen.
Mr. Michael Mondus from Spaceco, Inc., 9775 West Higgins Road, Rosemont,
Illinois addressed the Committee of the Whole and answered questions from the
Aldennen.
Mr. Masis Sarkisian, 1645 River Road, addressed the Committee of the Whole
and answered questions from the Aldermen.
Alderman Brookman stated that he would not vote for this variation tonight
since the matter has not yet been before the Zoning Board of Appeals.
Director of Community & Economic Development Conlan answered questions
from the Aldermen.
Ms. Linda Caruth, 1868 Bennett Place, addressed the Committee of the Whole
as a representative of the residents of Bennett Place and Mrs. V's Restaurant
and stated that grant money was applied for from FEMA; FEMA did not
approve her application for grant money; she is opposed to the project.
Mr. Masis Sarkisian, 1645 River Road, addressed the Committee of the Whole
stating that he is a small business owner; impact of variation negligible.
Ms. Linda Caruth, 1868 Bennett Place, addressed the Committee of the Whole
stating that her FEMA claims were denied, but that businesses received money.
Moved by W alsten, seconded by Robinson, to recommend to the City Council
approval of the variation to Section 14-1-6.B.2 "Occupation and Use of Flood
Fringe Areas, Compensatory Storage" of the City Code contingent on Zoning
Board approval of the parking space reduction. The Zoning Board will meet on
the parking subject on August 10, 2010. Upon roll call, the vote was:
AYES: 6-Robinson, Bogusz, Higgason,
W alsten, Wilson, Argus
NAYS: I-Brookman
ABSENT: 1-Haugeberg
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
Committee of the Whole to adopt Resolution R-113-10, 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: $3,479,685.43. Upon roll call, the
vote was:
AYES:
NAYS:
7-Robinson, Bogusz, Higgason,
Brookman, Walsten, Wilson, Argus
0-None
R-113-10
(Cont'd)
1645 RIVER RD.I
FLOODPLAIN
VARIATION:
1645 RIVER RD.:
Ordinance
M-30-10
Page 7 o f 7
ABSENT: 1-Haugeberg
Motion declared carried.
8/2/10
Moved by Bogusz, seconded by Higgason, to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance M-30-10, AN
ORDINANCE AUTHORIZING VARIATIONS TO SECTIONS 14-1-6 B. 2.
AND 14-1-7 B. 2. OF THE FLOOD CONTROL REGULATIONS IN THE
CITY CODE TO PERMIT THE CONSTRUCTION OF A FLOODW ALL IN
A REGULATORY FLOODPLAIN AROUND THE PERIMETER OF THE
PROPERTY AT 1645 DES PLAINES RIVER ROAD, DES PLAINES
WITHOUT PROVIDING COMPENSATORY STORAGE. Upon roll call, the
vote was:
AYES: 6-Robinson, Bogusz, Higgason,
W alsten, Wilson, Argus
NAYS: I -Brookman
ABSENT: 1-Haugeberg
Motion declared carried.
ADJOURNMENT: Moved by Higgason, seconded by Argus, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 8 :30 p.m.
APPROVED BY ME THIS //, g,