09-20-2010MINUTES 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, SEPTEMBER 20, 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, September 20, 2010.
ROLL CALL: Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Higgason, Brookman,
Walsten, Wilson, Argus.
Also present were: Acting City Manager Slowinski, Director of
Finance Wisniewski, Deputy Police Chief Burton, Fire Chief Wax,
Director of Public Works & Engineering Oakley, Interim Director of
Community & Economic Development Bourke, Director of Information
Technology Duebner, Director of Human Resources Earl, Associate
Planner Yu, Senior Planner Mangum and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PRESENTATION:
Moved by Haugeberg, seconded by Higgason, to go into
Exe cu ti ve Session to discuss Collective Bargaining,
Personnel and Acquisition of Property and Setting the
Price for Sale or Lease of Property. 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 City Council recessed at 6:03 p.m.
The City Council reconvened at 7:10 p.m.
Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Higgason, Brookman,
Walsten, Wilson, Argus.
The opening prayer was given by Rev. James Hines of
the Brentwood Baptist Church, followed by the Pledge
of Allegiance to the Flag.
Mayor Moylan accepted a proclamation from
Northwest Suburban Council of the Boy Scouts to
City of Des Plaines honoring the City's commitment
scouting and in commemoration of the Boy Scouts
America 1ooth anniversary.
the
the
to
of
CITIZEN PART.
COLLECTIVE
BARGAINING
AGREEMENT/
IAFF 4211:
Resolution
R-112-10
Ordinance
M-33-10
9/20/10
PAGE TWO
Mr. Wayne Serbin, 835 Pearson Street, addressed the
City Council stating his congratulations to the 1ooth
anniversary of the Boy Scouts; what is the status of
the red light cameras.
Moved by Haugeberg, seconded by Robinson, to concur
with consensus in Executive Session that the City
Council ratify contract with the International
Association of Firefighters Local 4211 (IAFF),
effective January 1, 2010 through December 31, 2012;
and further recommend to adopt Resolution R-112-10, A
RESOLUTION RATIFYING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING
AGREEMENT WITH THE DES PLAINES FIRE OFFICERS UNION,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS ( IAFF)
LOCAL 4211.
Moved by Brookman, seconded by Walsten, to adopt a
SUBSTITUTE motion to TABLE contract with the
International Association of Firefighters Local 4211
(IAFF), effective January 1, 2010 through December
31, 2012 and the adoption of Resolution R-112-10.
Upon roll call, the vote was:
AYES: 3-Brookman, Walsten, Argus
NAYS: 5-Haugeberg, Robinson, Bogusz,
Higgason, Wilson
ABSENT: 0-None
Motion declared FAILED.
Upon roll call on the original motion, the vote was:
AYES: 5-Haugeberg, Robinson, Bogusz,
Higgason, Wilson
NAYS: 3-Brookman, Walsten, Argus
ABSENT: 0-None
Motion declared carried.
Moved by Haugeberg, seconded by Higgason, to concur
with majority agreement in Executive Session to
approve Compensation Plan for IAFF Local 4211; and
place on First Reading Ordinance M-33-10, AN
ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER
8, "POSITION CLASSIFICATION AND COMPENSATION PLAN,"
SECTION 4 "ADOPTION OF COMPENSATION PLAN," SUBSECTION
A, "PUBLIC SAFETY PERSONNEL -FIRE -UNION," OF THE
DES PLAINES CITY CODE. Upon roll call, the vote was:
AYES: 5-Haugeberg, Robinson, Bogusz,
Higgason, Wilson
NAYS: 3-Brookman, Walsten, Argus
ABSENT: 0-None
Motion declared carried.
PERSONNEL:
CONSENT
AGENDA:
LIQ. LIC./
957-959 s.
ELMHURST RD . :
Consent
Agenda
Ordinance
M-34-10
9/20/10
PAGE THREE
Moved by Walsten, seconded by Argus, to concur with
consensus in Executive Session that due to the
current conditions in the housing market, to extend
the requirements of Section 1-7-B(A) of the City Code
to allow Fire Chief Alan Wax an additional one year
to October 5, 2011 to establish residency in Des
Plaines. 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,
a Consent Agenda.
seconded by Robinson, to establish
Motion declared carried.
Moved by Higgason, seconded by Robinson, 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.
Staff recommendations and requests were approved;
Ordinances M-34-10 and M-35-10 were placed on First
Reading; Ordinances Z-21-10 and M-32-10 were adopted;
and Resolutions R-126-10, R-130-10 and R-131-10 were
adopted.
Moved by Higgason, seconded by Robinson, to concur
with Staff recommendation TO AMEND Title 4, Chapter 4
"Intoxicating Liquors," Section 4-4-5:A. of the
City Code to add a new Class A Tavern Liquors
Dealers License for property located at 957-959 S.
Elmhurst Road, for Hanul, Inc., d/b/a San Billiards &
Pub; and further recommend to place on First Reading
Ordinance M-34-10, AN ORDINANCE AMENDING TITLE 4,
"BUSINESS REGULATIONS' II CHAPTER 4 I "INTOXICATING
LIQUORS, II SECTION 5, "LICENSE FEES AND NUMBER, II OF
THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR
LICENSE FOR HANUL, INC., D/B/A SAN BILLIARDS & PUBLIC
LOCATED AT 957-959 S. ELMHURST ROAD, DES PLAINES,
ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
DISPOSAL OF
OBSOLETE
COMPUTER
EQUIPMENT:
Consent
Agenda
Ordinance
M-35-10
BID AWARD/SNOW
REMOVAL:
Consent
Agenda
Resolution
R-126-10
WATER &
SANITARY SEWER
UTILITY RATE
STUDY:
Consent
Agenda
Resolution
R-130-10
LIGHTING
IMPROVEMENTS:
Consent
Agenda
Resolution
R-131-10
9/20/10
PAGE FOUR
Moved by Higgason, seconded by Robinson, to concur
with Staff recommendation to authorize to recycle
various pieces of electronic equipment deemed
obsolete and no longer useful; and further recommend
to place on First Reading Ordinance M-35-10, 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.
Moved by Higgason, seconded by Robinson, to concur
with Staff recommendation to accept bid from Snow
Systems, Inc., 600 N. Wolf Road, Wheeling, IL 60090,
at the rate of $2,395.00 per pass/General Fund/Street
& Grounds Maintenance/Miscellaneous Contractual
Services; and further recommend to adopt Resolution
R-126-10; A RESOLUTION ACCEPTING THE LOWEST
RESPONSIBLE BID FROM SNOW SYSTEMS, INCORPORATED FOR
SNOW REMOVAL SERVICES. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Robinson, to concur
with Staff recommendation that the contract for the
Water and Sewer Rate Study be awarded to Baxter &
Woodman, Inc., 8678 Ridgefield Lane, Crystal Lake, IL
60012, in the not-to-exceed amount of $18, 500; and
further recommend to adopt Resolution R-130-10, A
RESOLUTION ACCEPTING THE LOWEST RESPONSIBLE PROPOSAL
FROM BAXTER & WOODMAN, INC. FOR A WATER AND SANITARY
SEWER UTILITY RATE STUDY. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Robinson, to concur
with Staff recommendation to authorize amendment to
Professional Services Agreement to Gewalt Hamilton
Associates, Inc., 850 Forest Edge Drive, Vernon
Hills, IL 60061, in the amount of $27, 490. 00/TIF #1
Fund, ITEP Grant, for Lighting Improvements (06-
00199-00-LS); this is additional compensation
relating to engineering design and construction
services beyond the approved original proposal amount
(R-138-06) due to the inclusion of this project into
the American Recovery and Reinvestment Act (ARRA) ;
and further recommend to adopt Resolution R-131-10, A
RESOLUTION APPROVING AN AMENDMENT TO THE LIGHTING
IMPROVEMENTS 06-00199-00-LS AGREEMENT WITH GEWALT
HAMILTON ASSOCIATES, INC. FOR DESIGN
PROJECT SERVICES. Motion declared
approved unanimously under Consent Agenda.
STREET SCAPE
carried as
RE-APPTs:
Consent
Agenda
ORDINANCE
Z-21-10/
VARIATION/
1585 WHITCOMB:
Consent
Agenda
ORDINANCE
M-32-10/
NWMC FALL
AUCTION:
Consent
Agenda
APPOINTMENT:
9/20/10
PAGE FIVE
Moved by Higgason, seconded by Robinson, to approve
the following Mayoral re-appointments:
Police Pension Board
Robert Neil (term to expire April 30, 2011)
Robert Muehlenbeck (term to expire April 30, 2012)
Youth Commission
Ronald Burton (term to expire December 1, 2012)
Josephine Al-Naemy (term to expire December 1, 2012)
Architectural Review Commission
William Muehlenbeck (term to expire August 31, 2013)
Prafulla V. Dunung (term to expire August 31, 2013)
Peter Vadopalas (term to expire August 31, 2012)
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Higgason, seconded by Robinson, to adopt
Ordinance Z-21-10, AN ORDINANCE AUTHORIZING
VARIATIONS TO SECTION 7.24D. 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) . Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Higgason, seconded by Robinson, adopt
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
Consent Agenda.
as approved unanimously under
Presented for consideration (no action required) was
the Mayoral appointment of Melissa S. Rauschert to
the Architectural Review Commission.
Moved by Wilson, seconded by Higgason, to suspend the
rules to permit public input. Motion declared
carried.
Moved by Wilson, seconded by Haugeberg, to approve
the Mayoral appointment of Melissa S. Rauschert (term
to expire August 31, 2011) to the Architectural
Review Commission. Motion declared carried.
MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
WARRANT
REGISTER:
CONDITIONAL
USE/1469
PROSPECT
AVENUE:
REFUND OF
PERMIT FEES:
9/20/10
PAGE SIX
FINANCE & ADMINISTRATION -Alderman Higgason, Chair
Moved by Haugeberg, seconded by Argus, to recommend
to the City Council approval of the September 20,
2010 Warrant Register, in the total amount of
$3,189,006.25; and further recommend that Resolution
R-128-10 be adopted at appropriate time this evening.
Motion declared carried.
Associate Planner Yu reviewed Interim Director of
Community & Economic Development Bourke's memo of
August 9, 2010; the Phat Bao Buddhist Temple is
seeking to expand the parking lot adjacent to its
place of worship at 1469 Prospect Avenue.
Moved by Higgason, seconded by Walsten, to recommend
to the City Council approval of a Conditional Use for
a place of worship by the Phat Bao Temple at 14 69
Prospect Avenue to permit the expansion of a parking
lot; and further recommend that Ordinance Z-18-10 be
placed on First Reading at appropriate time this
evening. Motion declared carried.
Interim Director of Community & Economic Development
Bourke reviewed his memo of September 10, 2010; the
Building Code Committee met and is recommending a
modification of the Residential Building Code,
allowing the refunding of permit fees under
prescribed conditions be adopted.
Alderman Brookman stated that the Building Official
should be given some leeway; make the retainage fee
up to 25% instead of 25% all the time; have an appeal
process; what is considered a hardship?
Alderman Higgason stated that this is a good plan; if
there has been a plan review conducted, than retain
25%, if there has not been a plan review, then no
charge.
Moved by Walsten, to delete Condition #2 The
petitioner must demonstrate a hardship condition to
receive a refund. Motion DIED for lack of a second.
Moved by Argus, seconded by Robinson, to recommend to
the City Council approval of the modification to the
Residential Building Code allowing the refunding of
permit fees under prescribed conditions; and further
recommend that Ordinance M-36-10 be placed on Fi/m
Reading at appropriate time this evening. ~
PERMIT FEES:
(Cont'd.)
SELF-HELP
CLOSET
LEASE/600 E.
ALGONQUIN:
9/20/10
PAGE SEVEN
Moved by Brookman, seconded by Wilson, to adopt a
SUBSTITUTE motion that the 25% retainage to cover
plan review costs be at the discretion of the
Building Official and City Manager. Motion declared
FAILED. Aldermen Brookman, Walsten and Wilson voted
aye. Aldermen Haugeberg, Robinson, Bogusz, Higgason
and Argus voted no.
Moved by Brookman, seconded by Wilson, to adopt a
SUBSTITUTE motion that the requestor be given the
opportunity to appeal the 25% retainage to cover plan
review costs to the City Council. Motion declared
FAILED. Aldermen Brookman and Wilson voted aye.
Aldermen Haugeberg, Robinson, Bogusz, Higgason,
Walsten and Argus voted no.
Motion declared carried on the original motion to
place Ordinance M-36-10 on First Reading. Alderman
Haugeberg, Robinson, Bogusz, Higgason, Walsten and
Argus voted aye. Aldermen Brookman and Wilson voted
no.
City Attorney Wiltse reviewed his memo of September
10, 2010 regarding the Lease Agreement between the
Self Help Closet and Pantry and the city for 600 E.
Algonquin Road; Staff is recommending approval of the
lease for a period of three (3) years.
Ms. Debra Walusiak, Community Resource Director for
the Self-Help Closet addressed the Committee of the
Whole and stated that the need for their services is
growing; they are grateful to the City for not
charging the Pantry rent; if they had to provide rent
to the City or pay a mortgage, it would be a
hardship.
Moved by Walsten, seconded by Robinson, to recommend
to the City Council approval of a Lease Agreement
between the Self-Help Closet and Pantry and the City
for the property located at 600 East Algonquin Road
for a period of three ( 3) years; and further
recommend that Resolution R-129-10 be adopted at
appropriate time this evening. Motion declared
carried. Alderman Wilson abstained (conflict of
interest).
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
PUD EXTENSION/
2200 E. GOLF:
Ordinance
Z-22-10
9/20/10
PAGE EIGHT
Senior Planner Magnum reviewed Interim Director of
Community & Economic Development Bourke's memo of
September 13, 2010; Staff is recommending that a 12-
month extension of the conditional Use for the
Planned Unit Development for the Lexington Wood
project be granted until November 17, 2011.
Moved by Higgason, seconded by Argus, to suspend the
rules to permit public input on this matter. Motion
declared carried.
Ms. Katrina McGuire, Schain, Burney, Banks & Kenny,
Ltd., attorney for the petitioner, addressed the City
Council and answered questions from the aldermen.
Mr. Moises Cukierman,
City Council and
aldermen.
Lexington Homes, addressed the
answered questions from the
Moved by Argus, seconded by Higgason, to grant a 12
month extension Planned Unit Development (PUD) at
2200 E. Golf Road; and further recommend that
Ordinance Z-22-10 be placed First Reading; 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-29-10 FOR THE PROPERTY COMMONLY KNOWN AS 2200 E.
GOLF ROAD, DES PLAINES (CASE #07-48-PUD-A). Motion
declared carried.
Moved by Haugeberg, seconded by Argus, to refer the
off-site signage located on Northwest Highway for the
Lexington Park Development back to Staff; Staff to
meet with developer and report back at the City
Council meeting of October 4, 2010; developer to take
the existing sign down immediately.
Moved by Brookman, seconded by Walsten, to adopt a
SUBSTITUTE motion to refer the off-site signage
located on Northwest Highway for the Lexington Park
Development back to Staff; Staff to meet with
developer and report back at the City Council meeting
of October 18, 2010; existing sign to remain. Motion
declared carried. Aldermen Haugeberg, Robinson and
Argus voted no.
BID AWARD/
ROOF REPAIRS:
Resolution
R-127-10
WARRANT
REGISTER:
Resolution
R-128-10
CONDITIONAL
USE/1469
PROSPECT
AVENUE:
Ordinance
Z-18-10
9/20/10
PAGE NINE
Director of Public Works & Engineering Oakley
reviewed his memo of September 8, 2010; Staff is
recommending that award of the contract for City Hall
Roof Rehabilitation be awarded to L. Marshall, Inc.
Moved by Walsten, seconded by Robinson, to approve
bid award for City Hall Roof Repairs to L. Marshall,
Inc., 2100 Lehigh Avenue, Glenview, IL 60026 in the
bid amount of $255, 400, a 12% contingency ($30, 648)
be established to cover unforeseen costs; total
project cost $268,048/Streets/Grounds Maintenance and
Capital Projects Funds; and adopt Resolution R-127-
10, A RESOLUTION ACCEPTING THE LOWEST RESPONSIBLE BID
FROM L. MARSHALL, INC. FOR THE REHABILITATION OF THE
ROOF AT 1420 MINER STREET. Upon roll call, the vote
was:
AYES:
NAYS:
8-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, Walsten, Wilson, Argus
0-None
ABSENT: 0-None
Motion declared carried.
Moved by Higgason, seconded by Bogusz, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-128-10, 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: $3,129,006.25. 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 Robinson, to concur with
recommendation of Committee of the Whole to approve
Conditional Use for a place of worship by the Phat
Bao Temple at 1469 Prospect Avenue to permit the
expansion of a parking lot; and further recommend to
place on First Reading Ordinance Z-18-10. Motion
declared carried.
1469 PROSPECT
(Cont'd.)
REFUND OF
PERMIT FEES:
Ordinance
M-36-10
SELF-HELP
CLOSET LEASE/
600 E.
ALGONQUIN:
Resolution
R-129-10
9/20/10
PAGE TEN
Moved by Argus, seconded by Higgason, to adopt
Ordinance Z-18-10, AN ORDINANCE GRANTING A
CONDITIONAL USE PERMIT UNDER SECTION 7.2-4 C. OF THE
ZONING ORDINANCE TO PERMIT THE EXPANSION OF PARKING
AT AN EXISTING PLACE OF WORSHIP AT 1469 PROSPECT
AVENUE, DES PLAINES, ILLINOIS. (CASE #10-023-CU).
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 Argus, to concur with
recommendation of Committee of the Whole to approve
the modification to the Residential Building Code
allowing the refunding of permit fees under
prescribed conditions; and place on First Reading
Ordinance M-36-10, AN ORDINANCE AMENDING TITLE 10,
"BUILDING REGULATIONS, II CHAPTER 1, "BUILDING CODE, II
SEC I TON 2, "ADOPTtON OF THE INTERNATIONAL BUILDING
CODE," OF THE DES PLAINES CITY CODE. Upon roll call,
the vote was:
AYES: 6-Haugeberg, Robinson, Bogusz,
Higgason, Walsten, Argus
NAYS: 2-Brookman, Wilson
ABSENT: 0-None
Motion declared carried.
Moved by Haugeberg, seconded by Higgason, to concur
with recommendation of Committee of the Whole to
approve Lease Agreement between the Self-Help Closet
and Pantry and the City for the property located at
600 East Algonquin Road for a period of three ( 3)
years; and adopt Resolution R-129-10, A RESOLUTION
AUTHORIZING THE EXECUTION OF LEASE AGREEMENT BETWEEN
THE CITY OF DES PLAINES AND THE SELF HELP CLOSET
PANTRY OF DES PLAINES. 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:
9/20/10
PAGE ELEVEN
Moved by Walsten, seconded by Robinson, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting ~u ed at 9:20 p.m.
APPROVED BY ME THIS
DAY OF _@_~_· ----' 2010
Martin4.4o~