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10-04-2010CALL TO ORDER: ROLL CALL: AS AMENDED AND APPROVED OCTOBER 18, 2010 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, OCTOBER 4, 2010 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by City Clerk Gloria J. Ludwig at 6:02 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, October 4, 2010. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Brookman, Walsten, Wilson, and Argus. Alderman Higgason was absent. Alderman Bogusz arrived at 6:06 p.m. Mayor Moylan arrived at 6:48 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, Interim Director of Community & Economic Development Bourke and City Attorney Wiltse. MAYOR PROTEM: EXECUTIVE SESSION: PRAYER AND PLEDGE: EXEC. SESSION ACTION: City Clerk Ludwig announced that Mayor Moylan would be arriving late to the meeting and asked for a motion to elect a Mayor Pro Tern. Motion by Brookman, seconded by W alsten to elect Alderman Argus as Mayor Pro Tern. Voice Vote -All Ayes. Motion declared carried. Motion by Haugeberg, seconded by Robinson, to go into Executive Session, to discuss Collective Bargaining, Review Executive Session Minutes, Probable and Imminent Litigation and Pending Litigation. Motion unanimously declared carried. The City Council recess at 6:05 p.m. The City Council reconvened at 7: 11 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Brookman, Walsten, Wilson, and Argus. The opening prayer was given by The Reverend Steve Hjelle of the Evangelical Free Church, followed by the Pledge of Allegiance to the Flag. Moved by Robinson, seconded by Argus, that the Executive Session minutes be released as follows: that portion of the minutes of March 20,2000 regarding Acquisition of Real Property in the north part of TIF #1 and other Projects; the minutes of October 16, 2000 regarding Acquisition of Real Property at 697 S. River Road; the minutes of March 4, 2002 regarding Acquisition of Real Property in the north part ofTIF #1; the minutes of August 19, 2002 regarding possible Acquisition of Real Property at Graceland and N.W. Highway; the minutes of February 6, 2006 regarding possible Acquisition of Real Property at 520 River Road; and the minutes of March 1, 2010 regarding biannual review ~~-(_ EXEC. SESSION ACTION: (Cont'd) CONSENT AGENDA: MINUTES: Consent Agenda LIQ. LIC./ 13960AKTON ST.: Consent Agenda Ordinance M-37-10 Page 2 of7 1014110 and release of certain Executive Session minutes. Voice Vote -All Ayes. Motion declared carried. Moved by Robinson, seconded by Argus, to concur with consensus reached in Executive Session that after review a need for confidentiality still exists as to all or part of the remaining Executive Session minutes, the rest continue to remain unreleased. Voice Vote -All Ayes. Motion declared carried. Moved by W alsten, seconded by Robinson, that the City Council concur with the consensus reached in Executive Session and direct Staff to negotiate a collective bargaining agreement consistent with direction given in Executive Session. Any final action will be taken in open session at the appropriate time. Voice Vote -All Ayes. Motion declared carried. Alderman Haugeberg requested that Items 7 and 7 a be removed from the Consent Agenda. Motion by Argus, seconded by Robinson, to establish the Consent Agenda except for Items 7 and 7a. Voice Vote-All Ayes. Motion declared carried. Motion by Argus, seconded by W alsten, to approve Consent Agenda. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Brookman, Walsten, Wilson, Argus NAYS: 0-None ABSENT: I-Higgason Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinance M-37-10 was placed on First Reading; Ordinances M-34- 10, M-35-10 and Z-22-10 were adopted; and Resolutions R-132-10, R-133-10, and R-134-10 were adopted. Moved by Argus, seconded by W alsten, to approve minutes of the Regular Meeting of the City Council held September 20, 2010, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by W alsten, to approve minutes of the Executive Session of the City Council held September 20, 2010. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Walsten, to concur with Staff recommendation to add one (1) Class A New Liquor License (from 33 to 34) for Romano's Original Pasta & Pizza, Inc., d/b/a Romano's, 1396 Oakton Street; and further recommend to place on First Reading Ordinance M-37-10, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR ROMANO'S ORIGINAL PASTA & PIZZA, ~}t M-37-10 (Cont'd) REIMB.AGR. /COOK CO. HGHWY DEPT./ SCHWAB RD. WATER MAIN: Consent Agenda Resolution R-132-10 COOK CO. FOREST PRES. EASEMENT AGR./3000 RIVER RD.: Consent Agenda Resolution R-133-10 ILEAS GRANT/ EMER. OP'S CENTER: Consent Agenda Resolution R-134-10 Page 3of7 10/4/10 D/B/A ROMANO'S LOCATED AT 1396 OAKTON STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Walsten, to concur with Staff recommendation to enter into a Reimbursement Agreement with Cook County Highway Department for the construction of a new public water main along Joseph J. Schwab Road in the amount of $123,253.00 (Water/Sewer Fund); and further recommend to adopt Resolution R-132-10, A RESOLUTION APPROVING THE EXECUTION OF A REIMBURSEMENT AGREEMENT BETWEEN THE COUNTY OF COOK AND THE CITY OF DES PLAINES FOR A NEW PUBLIC WATER MAIN ALONG JOSEPH J. SCHWAB ROAD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Walsten, to concur with Staff recommendation to approve Intergovernmental Cooperation Agreement with the Forest Preserve District of Cook County for a Traffic Signal at 3000 River Road; and further recommend to adopt Resolution R-133-10, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTER GOVERNMENT AL AGREEMENT BETWEEN THE FOREST PRESERVE DISTRICT OF COOK COUNTY AND THE CITY OF DES PLAINES FOR A PERMANENT EASEMENT ALONG DES PLAINES RIVER ROAD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by W alsten, to concur with Staff recommendation to waive formal bid procedure and authorize expenditure of ILEAS Emergency Center Operations Grant Funds in an amount not to exceed $70,074.06 prior to March 31, 2011 for equipment including desktop and notebook computers and surveillance cameras for the purpose of enhancing the City's Emergency Operations Center as follows: Eauioment ManufacturerN endor Amount Desktop computers for EOC Dell Government Sales $12,124 Notebook computers for EOC Dell Government Sales $15,850 Server for EOC Dell Government Sales $ 4,400 Network File Storage& UPS Dell Premier Sales $ 1,800 Day/Night Security Cameras Mobotix I VoIP Modo I Keyth $23,000 Dual Display Security Station Dell Government Sales $ 2,100 Wireless Network Equipment CDWG $ 600 Network Switch HP /Buy.Com $ 1,550 Security Video Storage Snapserver I SnapHQ.com $ 1,800 Cabinets, Cables, Fasteners CDWG $ 6.850 Total $ 70,074 and further recommend to adopt Resolution R-134-10, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO PURCHASE EQUIPMENT FOR THE EMERGENCY OPERATIONS CENTER WITH ILLINOIS LAW ENFORCEMENT ALARM SYSTEM GRANT FUNDS TOTALING $70,074.06. Motion declared carried as approved unanimously ~~i SURETY REDUCTION/ 1646 RIVER ST.: ORDINANCE M-34-10 LIQ. LIC./ 957-959 s. ELMHURST RD.: Consent Agenda ORDINANCE M-35-10/ DISPOSAL OBS. IT EQUIP.: Consent Agenda ORDINANCE Z-22-10 ONE YEAR EXT./ PUD/2200 EAST GOLF ROAD: Consent Agenda ORDINANCE M-37-10 LIQ. LIC./ 13960AKTON ST.: Page 4of7 10/4/10 under Consent Agenda. Director of Public Works and Engineering Oakley and Director of Finance Wisniewski answered questions from the aldermen. Moved by W alsten, seconded by Haugeberg, to authorize the reduction in public improvement surety for the River Plaines, LLC Planned Unit Development in the amount of $117, 13 7.50 subject to submittal of waivers of lien in accordance with the provisions of the City Code; and further recommend to adopt Resolution R-134-10, A RESOLUTION APPROVING REDUCTION OF PUBLIC IMPROVEMENT SURETY FOR RIVER PLAINES, LLC PLANNED UNIT DEVELOPMENT LOCATED AT 1646 RIVER STREET, DES PLAINES, ILLINOIS. Upon roll call, the vote was: A YES: 7-Haugeberg, Robinson, Bogusz, Brookman, W alsten, Wilson, Argus NAYS: 0-None ABSENT: I-Higgason Motion declared carried. Moved by Argus, seconded by Walsten, to adopt Ordinance M-34-10, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR HANUL, INC. D/B/A SAN BILLIARDS & PUB LOCATED AT 957-959 S. ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Walsten, to adopt 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 Argus, seconded by Walsten, to adopt 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). Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by W alsten, to advance to Second Reading and adopt Ordinance M-37-10, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR ROMANO'S ORIGINAL PASTA & PIZZA, INC. D/B/A ROMANO'S LOCATED AT 1396 )l~i 13960AKTON ST.: (Cont'd) COMMISSION APP'TS.: WARRANT REGISTER: COND. USE/ 701 LEE ST.: Page 5 of7 I0/4/10 OAKTON STREET, DES PLAINES, ILLINOIS. Upon roll call, the vote was: A YES: 6-Haugeberg, Robinson, Bogusz, Brookman, W alsten, Argus NAYS: I-Wilson ABSENT: I-Higgason Motion declared carried. Being presented for consideration (no action required) is the following Mayoral Appointment: LIBRARY BOARD OF TRUSTEES: Eugene Fregetto -Term to Expire 06/30/1 I (replaces Elaine Tejcek, resigned 09/27 II 0) Mr. Fregetto addressed the City Council answering questions from the Aldermen regarding his qualifications to serve on the Library Board. Moved by Brookman, seconded by Robinson, to suspend the Council Rules to advance the appointment of Eugene Fregetto. Voice Vote-All Ayes, No Nays. Motion declared carried. Moved by Brookman, seconded by Haugeberg, to accept the appointment of Eugene Fregetto to the Library Board of Trustees. Voice Vote -All Ayes, No Nays. Motion declared carried. MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Bogusz, Vice-Chair Director of Finance Wisniewski answered Alderman Wilson's questions regarding the Escrow Account for the Youth Commission on Page 22 of the Warrant Register. Moved by W alsten, seconded by Haugeberg, to recommend to the City Council approval of the October 4, 2010 -Warrant Register, in the total amount of $2,393,I43.72; and further recommend that Resolution R-136-IO be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Argus, Chair Interim Director of Community & Economic Development Bourke addressed the Committee of the Whole and presented and answered questions from the Aldermen. Moved by Walsten, seconded by Robinson, to recommend to the City Council approval of Conditional Use Permit for the operation of a language school at 701 Lee Street. Voice Vote -All Ayes. Motion declared carried. ORDINANCE M-36-10 REFUND OF PERMIT FEES: ORDINANCE M-33-10 COMP. PLAN/ IAFF 4211: WARRANT REGISTER: Resolution R-136-10 COND. USE/ 701 LEE ST.: Ordinance Z-23-10 Page 6of7 I 0/4/10 MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. City Attorney Wiltse answered questions from the Aldermen. Moved by Haugeberg, seconded by Argus, to adopt Ordinance M-36-IO, AN ORDINANCE AMENDING TITLE IO, "BUILDING REGULATIONS," CHAPTER I, "BUILDING CODE," SECTION 2, "ADOPTION OF THE INTERNATIONAL BUILDING CODE," OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: A YES: 7-Haugeberg, Robinson, Bogusz, Brookman, W alsten, Wilson, Argus NAYS: 0-None ABSENT: I-Higgason Motion declared carried. Moved by Walsten, seconded by Robinson, to adopt Ordinance M-33-IO, AN ORDINANCE AMENDING TITLE I, "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "ADOPTION OF COMPENSATION PLAN," SUBSECTION A, "CLASSIFIED POSITIONS," SCHEDULE I-A, "PUBLIC SAFETY PERSONNEL -FIRE -UNION," OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 5-Haugeberg, Robinson, Bogusz, Wilson, Moylan NAYS: 3-Brookman, Walsten, Argus ABSENT: I-Higgason Motion declared carried. Moved by Bogusz, seconded by Robinson, to concur with recommendation of Committee of the Whole to adopt Resolution R-136-I 0, 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: $2,393,I43.72. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Brookman, W alsten, Wilson, Argus NAYS: 0-None ABSENT: I-Higgason Motion declared carried. Moved by Argus, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-23-I 0, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT A COMMERCIAL SCHOOL AT 701 LEE STREET, DES PLAINES, ILLINOIS. (CASE #I 0-046-CU). Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, ~~{- 701 LEE ST.: (Cont'd) Page 7 of7 Brookman, W alsten, Wilson, Argus NAYS: 0-None ABSENT: I-Higgason Motion declared carried. I0/4/10 Moved by Wilson, seconded by Argus, to suspend the Council Rules to allow the Petitioner to answer questions from the Aldermen. Voice Vote -All Ayes. Motion declared carried. Petitioner Yoon Gon Ji, 70I Lee Street, Unit I 50, addressed the Committee of the Whole and answered questions from the Aldermen. Moved by W alsten, seconded by Robinson, to advance to Second Reading and adopt Ordinance Z-23-IO, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT A COMMERCIAL SCHOOL AT 70I LEE STREET, DES PLAINES, ILLINOIS. (CASE #I0-046-CU). Upon roll call, the vote was: A YES: 6-Haugeberg, Robinson, Bogusz, Brookman, W alsten, Argus NAYS: I-Wilson ABSENT: I-Higgason Motion declared carried. ADJOURNMENT: Moved by Walsten, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:05 p.m. APPROVED BY ME THIS