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09-07-2010CALL 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, TUESDAY, SEPTEMBER 7, 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 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, September 7, 2010. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten and Wilson. Alderman Argus arrived at 6:05 p.m. Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Police Chief Prandini, Fire Chief Wax, Director of Human Resources Earl, Director of Public Works and Engineering Oakley, Director of Information Technology Duebner, and Of Counsel Attorney Bartel. EXECUTIVE SESSION: PRAYER AND PLEDGE: CITIZEN PART.: EXECUTIVE SESSION: Moved by_ Haugeberg, seconded by Robinson, to go into Executive Session to discuss Collective Bargaining. Motion passed unanimously. The City Council recessed at 6:01 p.m. The City Council reconvened at 7 :07 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, and Argus. The opening prayer was given by The Reverend Scott Ziegler of The Bridge Community Church, followed by the Pledge of Allegiance to the Flag. Mr. Andy Samborski, 2108 Sherwin A venue, addressed the City Council stating that the Knights of Columbus asking for support from the City of Des Plaines and its residents for fundraising in the near future. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that he attended a 6111 Ward meeting and found it informative. Ms. Alice Morley, 1277 East Thacker Street, addressed the City Council stating that Mr. Scott Mangum, Senior Planner of the Community & Economic Department, suggested that the Cambria Condominium Association petition the City of Des Plaines to allow the condominium association to remove three benches on Thacker Street (petitions in file) because they are located on a street that is not well traveled by walkers; maintenance and liability are costly. Moved by Haugeberg, seconded by Higgason, 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 Haugeberg, Robinson, Bogusz, Higgason, Brookman, Wilson and ~\{ CONSENT AGENDA: MINUTES: Consent Agenda AUCTION/CITY VEHICLES& EQUIPMENT: Consent Agenda Ordinance M-32-10 RENEWAL AGR./SUNGARD: Consent Agenda Resolution R-121-10 Page 2 of 8 9/7 /10 Argus voted Yes. Alderman Walsten voted No. Motion declared carried. Alderman W alsten requested that Item 9 be removed from the Consent Agenda. Motion by Haugeberg, seconded by Argus, to establish the Consent Agenda except for Item 9. Voice Vote-All Ayes. Motion declared carried. Motion by Higgason, seconded by Argus, to approve Consent Agenda. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, W alsten, Wilson, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinances M-32-10 and Z-14-10 were placed on First Reading; and Resolutions R-121-10, R-122-10, R-124-10, and R-125-10 were adopted. Moved by Higgason, seconded by Argus, to approve minutes of the Regular Meeting of the City Council held August 16, 2010, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Argus, to approve minutes of the Executive Session of the City Council held August 2, 2010. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Argus, to approve minutes of the Executive Session of the City Council held July 6, 2010. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Argus, to concur with Staff recommendation to authorize auction of City Vehicles/Equipment in the Northwest Municipal Conference Fall Auction; and further recommend to place on First Reading Ordinance M-32-10, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE WITH DES PLAINES CITY CODE SECTION 1-12-4. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Argus, to concur with Staff recommendation to approve annual Software Maintenance Renewal with SunGard Public Sector (formerly Pentamation), 1000 Business Center Drive, Lake Mary, FL 32746 in the amount of $52,715.62 (Information Technology and Water/Sewer Funds); and further recommend to adopt Resolution R-121-10, A RESOLUTION AUTHORIZING THE CONTINUATION OF AND FURTHER PAYMENT ON A SOFTWARE MAINTENANCE AGREEMENT BETWEEN SUNGARD AND THE CITY OF DES PLAINES FOR SOFTWARE MAINTENANCE. Motion declared carried as approved unanimously under Consent Agenda. ~~i PURCHASE RIFLES/POLICE DEPT.: Consent Agenda Resolution R-122-10 BID AWARD/ DES PLAINES DIGEST (2011, 2012, 2013): Consent Agenda Resolution R-124-10 AGR./INTERIM DIRECTOR COM. ECON. DEV.: Consent Agenda Resolution R-125-10 ADV. BID/ CUSTODIAL SERVICES: Resolution R-115-10 COMMISSION REAPP'TS.: Page 3 of 8 9/7 /10 Moved by Higgason, seconded by Argus, to concur with Staff recommendation to approve the purchase of Fourteen (14) Model M-7 .223 Rifles for Tactical Response Team from Rat Worx, 1 East Route 64, Mt. Morris, Illinois 61054 at a total cost of $33,572.00 (Asset Forfeiture Funds); and further recommend to adopt Resolution R-122-10, A RESOLUTION AUTHORIZING THE PURCHASE OF FOURTEEN M-7/.223 RIFLES FROM RESEARCH AND TESTING WORX, INC. FOR THE TACTICAL RESPONSE TEAM AT A TOTAL COST OF $33,572.00. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Argus, to concur with Staff recommendation to award bid for Des Plaines Digest printing for years 2011, 2012 and 2013 (four editions each year) to Chromatech Printing, Inc., 16 Mary Street, Des Plaines, Illinois 60016 at a rate total of $3,441.00 per edition (typesetting fee per page included), plus delivery; and further recommend to adopt Resolution R-124-10, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE LOWEST RESPONSIBLE BID FROM CHROMATECH PRINTING, INC. FOR PRINTING THE DES PLAINES DIGEST AT A COST OF $3,441.00 PER EDITION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Argus, to concur with Staff recommendation to authorize execution of a Contractual Service Agreement between Martin Bourke and the City of Des Plaines for his services as Interim Director of Community & Economic Development; and further recommend to adopt Resolution R-125-10, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONSULTING AGREEMENT BETWEEN MARTIN J. BOURKE AND THE CITY OF DES PLAINES FOR HIS SERVICES AS INTERIM DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT. Motion declared carried as approved unanimously under Consent Agenda. Acting City Manager Slowinski and Director of Public Works & Engineering Oakley answered questions from the Aldermen. Moved by Walsten, seconded by Argus, to concur with Staff recommendation to authorize the City Clerk to issue Notice to Bid for a 3-Year Contract for custodial services for City Hall, Police Department, Public Works, Metropolitan Square Garage, Library Parking Garage, and Downtown Metra Station with a return by 3:00 p.m. in the City Clerk's Office on Friday, September 24, 2010. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, NAYS: ABSENT: Brookman, W alsten, Wilson, Argus 0-None 0-None Motion declared carried. Moved by Higgason, REAPPOINTMENTS: seconded by Argus, to approve Mayoral b~1- REAPP'TS.: (Cont'd) ORDINANCE Z-14-10 COND. USE/ 1108 LEE ST.: COMMISSION REAPP'TS.: WARRANT REGISTER: DOWNTOWN BUSINESS ASSISTANCE PROGRAM: Page 4 of 8 CONSUMER PROTECTION COMMISSION: Mike Lake-Term to Expire 08/30/14 Mathews Abraham -Term to Expire 08/30/14 9/7 /10 Moved by Higgason, seconded by Argus, to adopt Ordinance Z-14-10, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT UNDER SECTION 7.3-6 C. OF THE ZONING ORDINANCE TO PERMIT A MONEY TRANSFER (CURRENCY EXCHANGE) BUSINESS AT 1108 LEE STREET, DES PLAINES, ILLINOIS. (CASE #10-012-CU). Motion declared carried as approved unanimously under Consent Agenda. COMMISSION REAPPOINTMENTS: Presented for your consideration-NO ACTION REQUIRED POLICE PENSION BOARD Robert Neil -Term to Expire 04/30/11 Robert Muehlenbeck-Term to Expire 04/30/12 YOUTH COMMISSION Ronald Burton-Term to Expire 12/01/12 Josephine Al-Naemy-Term to Expire 12/01/12 ARCHITECTURAL COMMISSION William Muehlenbeck-Term to Expire 08/31/13 Prafulla V. Dunung-Term to Expire 08/31/13 Peter Vadopalas -Term to Expire 08/31112 MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Higgason, Chair Alderman Wilson asked what "Cues" meant which is listed under Sewer Fund on Page 22 of the Warrant Register. Director of Public Works & Engineering Oakley stated that was the camera for sewers. Moved by Walsten, seconded by Robinson, to recommend to the City Council approval of the September 7, 2010 -Warrant Register, in the total amount of $3,117,228.93; and further recommend that Resolution R-123-10 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Argus, Chair Alderman Argus reviewed the results of several meetings in developing a Downtown Business Assistance Program. Economic Development Coordinator Ganser reviewed the components of the marketing plan and answered questions from the Aldermen. ~~} DOWNTOWN BUSINESS ASSISTANCE PROGRAM: (Cont'd) Page 5 of 8 9/7/10 Director of Finance Wisniewski answered questions from the Aldermen. Mr. Graham Hills, member of Economic Development Committee, addressed the Committee of the Whole and answered questions from the Aldermen. Moved by Walsten, seconded by Bogusz, to recommend to the City Council approval of the Downtown Business Assistance Program to be funded in the amount of $50,000.00, including an additional $5,000.00 subject to submission of an acceptable marketing plan by Staff. Moved by Brookman, seconded by W alsten, to amend the original motion to provide for an appeal process to the City Council if an applicant is denied by the Economic Development Committee. Aldermen Bogusz, Higgason, Brookman, W alsten and Argus voted yes. Alderman Haugeberg, Robinson and Wilson voted no. Motion declared carried. Motion by Brookman to amend the program to include a business which begins work and is ruled ineligible be considered for the Downtown Business Assistance Program. Motion declared FAILED for lack of a second. Moved by Haugeberg, seconded by Brookman, to adopt a substitute motion to send the Downtown Business Assistance Program back to Staff to add another program, review it and bring the program back for the next Council meeting on September 20, 2010. Aldermen Haugeberg, Brookman and Wilson voted yes. Aldermen Robinson, Bogusz, Higgason, Walsten and Argus voted no. Motion declared FAILED. Acting City Manager Slowinski stated that since this is a Resolution, it does not need to go through a lengthy process to make adjustments to the program. Moved by Brookman, seconded by Wilson, to amend the program to include service businesses as well as retail in the Downtown Business Assistance Program. Aldermen Haugeberg, Robinson, Brookman, and Wilson voted yes. Aldermen Bogusz, Higgason, Walsten, and Argus voted no. Motion declared FAILED. Motion by Brookman to amend the program to include existing businesses to apply for. Motion declared FAILED for lack of a second. Moved by Walsten, seconded by Bogusz, to recommend to the City Council approval of the Downtown Business Assistance Program to be funded in the amount of $50,000.00, including an additional $5,000.00 for marketing subject to submission of an acceptable marketing plan by Staff, and to provide for an appeal process to the City Council if an applicant is denied by the Economic Development Committee; and further recommend that Resolution R-119-10, as Amended, be adopted at the appropriate time this evening. Voice Vote -All Ayes. Motion declared carried. ~ ~i- DOWNTOWN BUSINESS ASSISTANCE PROGRAM: (Cont'd) V ARIA TION/1585 WHITCOMB: ONE YEAR EXT.I PUD/2200 EAST GOLF ROAD: WARRANT REGISTER: Resolution R-123-10 Page 6 of 8 9/7 /10 Mr. John Milstead, 2515 Church Street, addressed the Committee of the Whole asking how long it would take to make $5,000.00 in sales tax. Director of Finance Wisniewski stated that as long as it would take to make $250,000.00 in sales. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole suggesting that the City Council hold an informal meeting with the downtown businesses. Mr. Scott Mangum, Senior Planner of the Community & Economic Department presented and answered questions from the Aldermen. Petitioner Nermin Audie, 1585 Whitcomb Street, addressed the Committee of the Whole and answered questions from the Aldermen. Moved by W alsten, seconded by Haugeberg, to recommend to the City Council approval to place on First Reading Ordinance Z-21-10, AN ORDINANCE AUTHORIZING VARIATIONS TO SECTIONS 7.2-4 D. AND 8.1-3 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A DECK AND PERGOLA IN THE FRONT YARD WITH A FRONT YARD SETBACK OF EIGHTEEN FEET AT 1585 WHITCOMB AVENUE, DES PLAINES, ILLINOIS. (CASE #10-028-V). Voice Vote -All Ayes. Motion declared carried. Motion by Brookman to waive the variation fee. Motion declared FAILED for lack of a second. Moved by W alsten, seconded by Brookman, to recommend to the City Council postponing approval of Ordinance Z-22-10, AN ORDINANCE GRANTING A 12 MONTH EXTENSION OF THE TIME REQUIREMENTS FOR COMPLIANCE WITH THE CONDITIONAL USE FOR THE PLANNED UNIT DEVELOPMENT GRANTED BY ORDINANCE Z-29-08 FOR THE PROPERTY COMMONLY KNOWN AS 2200 E. GOLF ROAD, DES PLAINES, (CASE #07-48-PUD-A) to September 20, 2010 Regular Council meeting. Voice Vote-All Ayes. Motion declared carried. 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-123-10, 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: $3,117,228.93. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, W alsten, Wilson, Argus NAYS: 0-None R-123-10 (Cont'd) DOWNTOWN BUSINESS ASSISTANCE PROGRAM: Resolution R-119-10 Page 7 o f 8 ABSENT: 0-None Motion declared carried. 9/7/10 Moved by Argus, seconded by Bogusz, to concur with recommendation of Committee of the Whole to adopt Resolution R-119-10, A RESOLUTION ADOPTING THE DOWNTOWN BUSINESS ASSISTANCE PROGRAM GUIDELINES FOR THE DOWNTOWN BUSINESS ASSISTANCE PROGRAM, AS AMENDED. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, W alsten, Wilson, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. V ARIATION/1585 Moved by Argus, seconded by Higgason, to concur with recommendation of WHITCOMB: Committee of the Whole to place on First Reading Ordinance Z-21-10, AN ORDINANCE AUTHORIZING VARIATIONS TO SECTIONS 7.2-4 D. AND Ordinance 8.1-3 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT Z-21-10 THE CONSTRUCTION OF A DECK AND PERGOLA IN THE FRONT YARD WITH A FRONT YARD SETBACK OF EIGHTEEN FEET AT 1585 WHITCOMB AVENUE, DES PLAINES, ILLINOIS. (CASE #10-028-V). Upon roll call, the vote was: ONE YEAR EXT./ PUD/2200 EAST GOLF ROAD: Ordinance Z-22-10 AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, W alsten, Wilson, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Brookman, seconded by W alsten, to advance to Second Reading and adopt Ordinance Z-21-10, AN ORDINANCE AUTHORIZING VARIATIONS TO SECTIONS 7.2-4 D. AND 8.1-3 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A DECK AND PERGOLA IN THE FRONT YARD WITH A FRONT YARD SETBACK OF EIGHTEEN FEET AT 1585 WHITCOMB AVENUE, DES PLAINES, ILLINOIS. (CASE #10-028-V). Alderman Wilson stated that by advancing Ordinance Z-21-10 tonight, the neighbors would not have an opportunity to give input. He will vote no. Alderman Brookman withdrew his motion. Moved by Argus, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to send Ordinance Z-22-10, AN ORDINANCE GRANTING A 12 MONTH EXTENSION OF THE TIME REQUIREMENTS FOR COMPLIANCE WITH THE CONDITIONAL USE FOR THE PLANNED UNIT DEVELOPMENT GRANTED BY ORDINANCE Z-29-08 FOR THE PROPERTY COMMONLY KNOWN AS 2200 E. GOLF ROAD, DES PLAINES, (CASE #07-48-PUD-A) back to Staff for additional ~~~ Page 8 of 8 9/7/10 Z-22-10 (Cont'd) information regarding parking and sign placement. 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. ADJOURNMENT: Moved by Walsten, seconded by Haugeberg, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9: 13 p.m. ~Q~ < GJOria J, Ludwig~LERK APPROVED BY ME THIS /ftA-