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10-18-2010CALL TO ORDER: ROLL CALL: Con-ected for Scrivener's EtTor to delete dollar amounts for FDERF Budgeted Funds - $72 200 for 2009 and $36 JOO for 2010 for Fire Depattment Gear on Page 3. 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 18, 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 Monday, October 18, 2010. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Higgason, Walsten, Wilson and Argus. Alderman Brookman arrived at 6:05 p.m. Alderman Bogusz arrived at 6:07 p.m. Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Deputy Police Chief Kozak, Fire Chief Wax, Director of Human Resources Earl, Director of Public Works and Engineering Oakley, Interim Director of Community & Economic Development Bourke, Senior Planner Mangum, and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: CITIZEN PART.: CONSENT AGENDA: Moved by Higgason, seconded by Robinson, to go into Executive Session to discuss Sale, Lease, or Acquisition of Real Property. Motion passed unanimously. The City Council recessed at 6:01 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, and Argus. The opening prayer was given by Heidi Parsons of the Baha'i Community of Des Plaines, followed by the Pledge of Allegiance to the Flag. Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council stating that Commonwealth Edison eliminated the garden plots after 30 years of use citing safety concerns; prairie grass will be planted; our ordinance states that grass is required to be cut if it is more than six inches in height; a controlled burn can be a hazard; the Des Plaines Park District will hold its meeting tomorrow night and report on the situation with the garden plots and Fall Fest. Mr. Dick Sayad, 290 Shannon Court, addressed the City Council stating that a letter from the Cook County Assessor was sent out regarding property reassessments; will the taxes go down as a result? Director of Finance Wisniewski stated that the taxes will not be going down, but could possibly remain the same. City Clerk Ludwig requested that Item 6, Minutes/Regular Meeting -October 4, 2010 be removed from the Consent Agenda. CONSENT AGENDA: (Cont'd) MINUTES: Consent Agenda Page 2 of 9 10/18/10 Motion by Haugeberg, seconded by Robinson, to establish the Consent Agenda except for Item 6. Voice Vote -All Ayes. Motion declared carried. Motion by Higgason, seconded by Robinson, to approve Consent Agenda. 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. The minutes were approved; Staff recommendations and requests were approved; Resolutions R-13 7-10, R-141-10, R-142-10, R-143-10, and R-144-10 were adopted. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Regular Meeting of the City Council held September 7, 2010, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Executive Session of the City Council held September 7, 2010. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Special Meeting of the City Council held September 28, 2010, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Special Meeting of the City Council held September 29, 2010, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Special Meeting of the City Council held September 30, 2010, as published. Motion declared carried as approved unanimously under Consent Agenda. City Clerk Ludwig requested approval of an amendment to Page 3 of Minutes/Regular Meeting -October 4, 2010 regarding ILEAS Grant/ Emergency Operations Center, Resolution R-134-10, which is a list of equipment, manufacturers/vendors and amount of money to be paid to the vendors. Moved by Haugeberg, seconded by Robinson, to approve amendment of Page 3 of Minutes/Regular Meeting -October 4, 2010. Voice Vote -All Ayes. Motion declared carried. Moved by Haugeberg, seconded by Higgason, to approve minutes of the Regular Meeting of the City Council held October 4, 2010 as Amended. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Higgason, ~ ~-j'., MINUTES: (Cont'd) LIQ. LIC./ CHANGE OF OWNERSHIP/ 727 W. GOLF RD.: BID AWARD/ CUSTODIAL SVCS.: Consent Agenda Resolution R-137-10 FIRE DEPT./ GEAR: Consent Agenda Resolution R-141-10 AMENDED PLAT /2500 E. DEVON: Consent Agenda Resolution R-142-10 AMENDED PLAT/2500 E. DEVON: Page 3 of 9 Brookman, Walsten, Wilson, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. 10/18/10 Moved by Haugeberg, seconded by Robinson, to approve minutes of the Executive Session of the City Council held October 4, 2010. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve application for change of ownership for Fresca Market, Inc., d/b/a Fresca International Market, 727 W. Golf Road, Class B-1 Liquor License. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to award contract for 2011 -2013 Custodial Services to Perfect Cleaning Service, Inc., 5852 N. Northwest Highway, Chicago, IL 60631 in the amount of $193,392.00 for the period of January 1, 2011 through December 31, 2013; and further recommend to adopt Resolution R-137-10, A RESOLUTION ACCEPTING THE BID FROM PERFECT CLEANING SERVICE, INC. FOR CLEANING AND CUSTODIAL SERVICES AT SIX CITY OWNED FACILITIES FROM JANUARY 1, 2011 THROUGH DECEMBER 31, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation that, in the best interest of the City, usual bid procedures be waived and the City accept the quote of $70,299.00 (FDERF budgeted funds plus shipping), for the purchase of thirty-six (36) sets of replacement turnout gear from the W.S. Darley Company, 325 Spring Lake Drive, Itasca, IL 60143; and further recommend to adopt Resolution R-141-10, A RESOLUTION AUTHORIZING THE PURCHASE OF THIRTY-SIX SETS OF REPLACEMENT TURNOUT GEAR FOR THE FIRE DEPARTMENT FROM W.S. DARLEY COMPANY AT A TOTAL COST OF $70,299.00. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve the revised Final Plat of Casino Resubdivision, 2500 East Devon Avenue; and further recommend to adopt Resolution R-142- 10, A RESOLUTION APPROVING THE REVISED FINAL PLAT FOR 2500 DEVON AVENUE RESUBDIVISION LOCATED AT 2500 E. DEVON A VENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve the revised Final Plat of Casino Resubdivision, 3000 Des Plaines River Road; and further recommend to adopt Resolution R- j}J- DEVON: Consent Agenda Resolution R-143-10 EASEMENT RELEASE/3000 DES PLAINES RIVER RD.: Consent Agenda Resolution R-144-10 COMMISSION APP'T.: WARRANT REGISTER: LIBRARY BUDGET-2011: Page 4 of 9 10/18/10 3000 Des Plaines River Road; and further recommend to adopt Resolution R- 143-10, A RESOLUTION APPROVING THE REVISED FINAL PLAT FOR DES PLAINES CASINO RESUBDIVISION LOCATED AT 3000 DES PLAINES RIVER ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve the Plat of Easement Release for Certain Designated Easement -3000 Des Plaines River Road; and further recommend to adopt Resolution R-144-10, A RESOLUTION APPROVING THE PLAT OF EASEMENT RELEASE FOR A CERTAIN DESIGNATED EASEMENT WITHIN THE DES PLAINES CASINO RESUBDIVISION LOCATED AT 3000 DES PLAINES RIVER ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. COMMISSION REAPPOINTMENT: Presented for your consideration -NO ACTION REQUIRED PLAN COMMISSION: Mary Lane-Term to Expire 04/30/12 (Replaces Don Kellerman, resigned 09/11/10) MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Higgason, Chair Moved by Haugeberg, seconded by Robinson, to recommend to the City Council approval of the October 18, 2010 -Warrant Register, in the total amount of $3,430,582.04; and further recommend that Resolution R-138-10 be adopted at appropriate time this evening. Motion declared carried. Library Director Sorenson of the Des Plaines Public Library presented the 2011 Budget to the City Council for its review and answered questions from the Aldermen. Alderman Higgason asked about the breakout of Fines & Fees on Page 4. Director Sorenson responded that as a result of having a new accounting firm, a more detailed accounting is shown for 2010 Projected Revenue and 2011 Proposed Revenue compared to 2009 Actual and 2010 Budget which was presented as a total number. Alde1man Higgason referred to Page 5 and noted the drastic drop in Other Revenue -Library Donations. Director Sorenson stated that this was due to economic conditions. Alderman Higgason suggested that the Library advertise that people can donate. ~ ~ {, LIBRARY BUDGET-2011: (Cont'd) Page 5 of 9 10/18/10 Alderman Wilson referred to Page 9, Cleaning -Custodial Services noting the high amount for this line item and recommended that the Library go out for bids in the future to obtain a lower cost. Director Sorenson stated that the contract will be up in June, 2011 and they will go out for bids at that time. Alderman Bogusz stated that the shortfall anticipated for 2011 is not reflected in the Budget. Acting City Manager Slowinski stated that the loan would be for the 2010 fiscal year; there is a cash flow problem; the City Attorney will review the loan document. Director Sorenson stated that the Library would need the money by December 1st to pay expenses; it is a cash flow problem due to the late payment of 2°d installment of property taxes; the Library needs approximately $500,000 to pay expenses. Alderman Brookman asked how much time will be allowed to review the loan agreement. Acting City Manager Slowinski stated the Council will have it as soon after the City Attorney has reviewed it. Alderman Haugeberg referred to Page 13 and noted that the categories "Conferences" and "Travel Expenses" both increased from $1,000 to $5,000. Director Sorenson responded that per capita grant money may or may not be received in 2011; if they don't receive it, they won't spend it. Alderman Higgason referred to Page 10 under Miscellaneous Contractual Services, specifically Van Delivery Service. Director Sorenson gave an explanation for the expense for Van Delivery service which is shared with other regional libraries; if one library doesn't have the book, the book may be obtained through another library. Mr. Dick Sayad, 290 Shannon Court, addressed the Committee of the Whole bringing forth a point of order directed to City Attorney Wiltse regarding whether or not an alderman appointed to the Library Board by the Mayor can vote when the Library Budget comes before the council. City Attorney Wiltse stated that the General Assembly specifically authorized the Mayor to appoint an alderman to the Library Board as Trustee. Ms. Sue D'Hondt, 464 Amherst Avenue, addressed the Committee of the Whole asking about the end result after the Library secured outside accounting services to perform the same services that the City used to provide. Executive Director Sorenson stated that in the past the City provided payroll service accounting services and now that the Library has secured these services from outside sources, money has been saved. ~ ~ LIBRARY BUDGET-2011: (Cont'd) 2244 DOUGLAS: 1211 HARDING AVE.: Page 6 of 9 10/18/10 Alderman Brookman asked if the Library could obtain a better price for custodial services if they went out for bid at the same time the City did. Mayor Moylan stated that Staff would obtain an answer to Alderman Brookman's question. COMMUNITY DEVELOPMENT -Alderman Argus, Chair Senior Planner Mangum of the Community & Economic Development Department presented and answered questions from the Aldermen. Petitioner, 2244 Douglas, Series of Northwest Development, LLC, 1251 Redecker Road, Des Plaines, IL 60016 proposed to subdivide the existing lot and build a single-family home on each of the resulting lots. Alderman Brookman stated that he will abstain when voting due to a previous business relationship with the owner of the property. Moved by W alsten, seconded by Argus, to recommend to the City Council approval of the Final Plat for Gianna Ada Subdivision located at 2244 Douglas A venue, Des Plaines, subject to the following conditions of approval: 1. The Final Engineering plans must show public improvements for storm sewer, sidewalks, and tree-planting (as required by the Public Works and Engineering Department). 2. Prior to approval of building permits a public storm sewer must be constructed from Jarvis A venue. The City anticipates constructing a public storm sewer in connection with the 2012 Capital Improvement Program, to which the developer may connect. 3. Prior to the sale of one or both lots a signed agreement between the buyer and seller acknowledging that building permits will not be issued until a public storm sewer is constructed from Jarvis A venue is required to the satisfaction of the Director of Public Works and Engineering. 4. Prior to approval of building permits, sidewalk escrow in the amount of $3,737.50 shall be paid. Voice Vote -Aldermen Haugeberg, Robinson, Bogusz, Higgason, Walsten, Wilson and Argus voted Aye. Alderman Brookman abstained. Motion declared carried. Senior Planner Mangum of the Community & Economic Development Department presented and answered questions from the Aldermen. Petitioner, FassBinder Construction, 1015 N. Corporate Drive, Grayslake, IL 60030 requested a Final Plat of Subdivision for 1211 Harding Townhomes LLC Subdivision to combine four existing lots into one 12,294 square-foot lot and develop one building with six attached row homes. ~ ~-J_, 1211 HARDING AVE.: (Cont'd) COND. USE/ 733 LEE ST.: Page 7 of 9 10/18/10 Moved by Higgason, seconded by Argus, to recommend to the City Council approval of the Final Plat for 1211 Harding Townhomes, LLC located at 1211 Harding A venue, Des Plaines. Voice Vote -All Ayes. Motion declared carried. Senior Planner Mangum of the Community & Economic Development Department presented and answered questions from the Aldermen. Petitioner, Plato Academy, 733 Lee Street, Des Plaines, IL 60016, is requesting a Conditional Use Permit under Section 7.3-8-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a private school in the C-5 District. Director of Finance Wisniewski answered questions from the Aldermen. Director of Finance Wisniewski answered Alderman Wilson's questions regarding tax exempt status for property. Alderman Higgason stated that she had a problem with the tax status and location of a school in a commercial office building and will vote no. Moved by W alsten, seconded by Wilson, to recommend to the City Council approval of a condition use permit for a private elementary school located at 733 Lee Street, subject to the following conditions of approval: 1. The exterior glass windows shall remain unobstructed, other than for uniform, non-permanent window treatments. 2. The applicant shall remain willing to work with the City if traffic issues arise in the future. Ms. Kathy Krus, 888 Mason Lane, addressed the Committee of the Whole asking where children will go for recreation, breaks and lunch time since the school will be located in downtown Des Plaines. Mr. Rick Wittmor, School Board President and General Counsel, and Ms. Venus Campanelli, Applicant on behalf of the Plato Academy, addressed the Committee of the Whole and gave an explanation of the type of school, how many children are expected to attend and the set up for lunch and breaks at a local church; this is a Greek language school. Voice Vote -Aldermen Bogusz, Brookman, Walsten, Wilson, and Argus vote Aye. Aldermen Haugeberg, Robinson and Higgason voted Nay. Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. "EXEMPT SIGNS"/ LEXINGTON PK.: WARRANT REGISTER: Resolution R-138-10 FINAL PLAT/ 2244 DOUGLAS: Resolution R-139-10 FINAL PLAT/ 1211 HARDING AVE.: Resolution R-140-10 COND. USE/ 733 LEE ST.: Ordinance Z-24-10 Page 8 of 9 10/18/10 Interim Director of Community & Economic Development Bourke presented and answered questions from the Aldermen. Pursuant to request by the City Council on September 20, 2010, Staff met with representatives of Lexington Homes to make changes to the present sign to conform to the Code amendment regarding "exempt signs". After a few variations, a new sign proposal was submitted by the Developer and approved by the Interim Director. There is no action necessary by the City Council at this time. Moved by Higgason, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to adopt Resolution R-138-10, 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: $3,430,582.04. Upon roll call, the vote was: AYES: NAYS: ABSENT: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, W alsten, Wilson, Argus 0-None 0-None Motion declared carried. Moved by Argus, seconded by Higgason, to concur with recommendation of Committee of the Whole to adopt Resolution R-139-10, A RESOLUTION APPROVING THE FINAL PLAT FOR GIANNA ADA SUBDIVISION LOCATED AT 2244 DOUGLAS AVENUE, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, W alsten, Wilson, Argus NAYS: 0-None ABSENT: 0-None ABSTAIN: I-Brookman Motion declared carried. Moved by Argus, seconded by Higgason, to concur with recommendation of Committee of the Whole to adopt Resolution R-140-10, A RESOLUTION APPROVING THE FINAL PLAT FOR 1211 HARDING TOWNHOMES LLC SUBDIVISION LOCATED AT 1211 HARDING AVENUE, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7-Robinson, Bogusz, Higgason, Brookman, W alsten, Wilson, Argus NAYS: 1-Haugeberg ABSENT: 0-None Motion declared carried. Moved by Argus, seconded by Wilson, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-24-10, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT A COMMERCIAL SCHOOL AT 733 LEE STREET, DES PLAINES, ILLINOIS. (CASE #10-054-CU). Upon roll call, the vote was:J~"f, Z-24-10 (Cont'd) Page 9 of 9 A YES: 5-Bogusz, Brookman, Walsten, Wilson, Argus NAYS: 3-Haugeberg, Robinson, Higgason ABSENT: 0-None Motion declared carried. 10/18/10 ADJOURNMENT: Moved by Robinson, seconded by Argus, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:06 p.m. Gloria J.~dwii-CiTcLERK APPROVED BY ME THIS j ~