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12-20-2010CALL 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, DECEMBER 20, 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 6:05 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 20, 2010. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, W alsten, Wilson, and Argus. Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Police Chief Prandini, Fire Chief Wax, Director of Human Resources Earl, Interim Director of Community & Economic Development Gutierrez, Director of Public Works and Engineering Oakley, Director of Information Technology Duebner, and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: CITIZEN PART.: EXECUTIVE SESSION: Moved by Higgason, seconded by Haugeberg, to go into Executive Session to discuss Pending Litigation and Personnel. Motion passed unanimously. The City Council recessed at 6:07 p.m. The City Council reconvened at 7:03 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 Gregory Barette, Unity Northwest Church, followed by the Pledge of Allegiance to the Flag. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council talking about the sign 2003 Governor's Hometown Award given to Des Plaines; the Des Plaines Theater is 85 years old; he went there as a young boy; noticed the many volunteers at the recent renovation; students from Willow Academy; amazed at the number of volunteers with a giving spirit; keep up the good work. Mr. Phil Catrintza, 716 West Oakton Street, addressed the City Council expressing his concerns about house inspections being done; assumes inspector is doing right; what is the definition for rotting wood -what does the City Code state; concerned about 714 Oakton Street; he presented a piece of rotting wood as evidence. City Attorney Wiltse advised Mr. Catrintza that this was not the forum for presenting evidence. City Attorney Wiltse gave Mr. Catrintza his business card, and advised Mr. Catrintza to contact him regarding the house inspection issue. Moved by Higgason, seconded by Brookman, that the City Attorney be authorized to proceed as directed in Executive Session regarding the pending ~~~ CONSENT AGENDA: MINUTES: AMEND AUTO TRAFFIC LAW ENF. SYSTEM/ RED LIGHT ORD.: Ordinance M-62-10 Page 2of11 12/20/10 litigation matters. Voice Vote -All Ayes. Motion declared carried. Motion by Higgason, seconded by Haugeberg, to establish the Consent Agenda, except for Items 1, 3, 3a, 3b, 4, 4a, 5, Sa, Sb, 9 and 9a. Voice Vote -All Ayes. Motion declared carried. Motion by Haugeberg, seconded by W alsten, to approve Consent Agenda except for Items 1, 3, 3a, 3b, 4, 4a, 5, Sa, Sb, 9 and 9a. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Resolutions R-168-10, R-169-10 and R-170-10 were adopted. Moved by Bogusz, seconded by Higgason, that the Minutes of the Regular City Council Meeting of December 6, 2010, be amended to delete the references to the passage of Ordinance Z-27-10, the Casino Housekeeping Amendment on December 6, 2010. Ordinance Z-27-10 was actually advanced to Second Reading and adopted on November 15, 2010. Accordingly, having Ordinance Z-27-10 on Second Reading on the December 6, 2010 Agenda was an error. Voice Vote-All Ayes. Motion declared carried. Moved by W alsten, seconded by Argus, to approve minutes of the Regular Meeting of the City Council held December 6, 2010, as Amended. Voice Vote -All Ayes. Motion declared carried. No dissents. Moved by Haugeberg, seconded by W alsten, to approve minutes of the Executive Session of the City Council held December 6, 2010. Motion declared carried as approved unanimously under Consent Agenda. Alderman Brookman requested that this item be removed from Consent Agenda. City Attorney Wiltse explained that Staff also requested this item be removed from the Consent Agenda regarding Ordinance M-62-10, Page 4, Section 7-12- 8 -Notice of Determination of Liability: If the registered owner fails to pay or contest the Notice of Violation within -2-1 14 days a Notice of Determination of Liability will be sent to the owner indicating that a fine in the amount of $100 is due to the City .... If the owner does not pay the $100 as specified in the notice or petition the City to set aside the determination, within -2-1 35 days, a Notice of Final Determination will be sent to the owner indicating that the owner has exhausted all challenge options ... . Police Chief Prandini requested the City Council's approval to change the 1st line to 14 days and the 5th line to 35 days amending the Automated Traffic Law ~~-{ M-62-10 (Cont'd) AMEND ADMIN. HEARINGS PROGRAM: Ordinance M-63-10 Page 3of11 12/20/10 Enforcement System (Red Light Ordinance) in order to comply with Illinois State Statutes and industry standards. Chief Prandini answered questions from the Aldermen regarding the requested changes to conform to industry standards. Alderman Brookman stated the first line of Ordinance M-62-10, Section 7-12-8, should remain at 21 days. Moved by W alsten, seconded by Argus, to concur with Staff recommendation to amend Ordinance M-62-10 to assure compliance with Public Act 96-1016, which has been amended and will take effect January 1, 2011; and further recommend to place on First Reading Ordinance M-62-10, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 12, "AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM," OF THE DES PLAINES CITY CODE. Moved by Brookman, seconded by Wilson, to adopt a substitute motion regarding Ordinance M-62-10, Page 4, Section 7-12-8 Notice of Determination of Liability, Line 1, to leave the number of days at 21. Voice Vote -Alderman Higgason, Brookman, and Wilson voted Aye. Aldermen Haugeberg, Robinson, Bogusz, Walsten, and Argus voted Nay. Motion declared FAILED. Chief Prandini answered questions from the Alderman Wilson regarding the procedure for requesting a hearing date. Alderman Haugeberg asked about the timeline for processing the violation. Chief Prandini gave an explanation of the process. City Attorney Wiltse explained that these changes needed to be approved at this meeting in order to start the violation program in January, 2011. Alderman Brookman stated that he is against Red Light cameras and will vote no. Voice Vote on the original motion to concur with Staff recommendation to amend Ordinance M-62-10 to assure compliance with Public Act 96-1016, which has been amended and will take effect January 1, 2011. Aldermen Haugeberg, Robinson, Bogusz, Higgason, Walsten, Wilson and Argus voted Aye. Alderman Brookman voted no. Motion declared carried. Alderman Brookman requested that this item be removed from the Consent Agenda. Police Chief Prandini requested that the City Council approve an amendment to the Administrative Hearing Ordinance, Title 1, Chapter 16, to authorize the issuance of red light violation notice citations, and have citations heard in Administrative Hearings. J} '1- M-63-10 (Cont'd) ORDINANCE M-62-10 AMEND AUTO TRAFFIC LAW ENF. SYSTEM/ RED LIGHT ORD.: ORDINANCE M-63-10 AMEND ADMIN. HEARINGS PROGRAM: AMEND CH. 4-4- 19, SECTION A, LIQUOR ORD.: Ordinance M-64-10 Page 4of11 12/20/10 Moved by W alsten, seconded by Argus, to concur with Staff recommendation to amend the Administrative Hearing Ordinance, Title 1, Chapter 16; and further recommend to place on First Reading Ordinance M-63-10, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 16, "ADMINISTRATIVE HEARINGS PROGRAM," OF THE DES PLAINES CITY CODE. Voice Vote -Aldermen Haugeberg, Robinson, Bogusz, Higgason, Walsten, Wilson and Argus voted Aye. Alderman Brookman voted no. Motion declared carried. Alderman Brookman stated that he is opposed to advancing Ordinances M-62- 10 and M-63-10 to Second Reading and adoption. Moved by Argus, seconded by W alsten, to advance to Second Reading and adopt Ordinance M-62-10, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 12, "AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM," OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Bogusz, Higgason, W alsten, Argus NAYS: 2-Brookman, Wilson ABSENT: 0-None Motion declared carried. It was the consensus of the City Council to allow public input before advancing Ordinance M-63-10 to Second Reading. No one came before the Council to give comments. Moved by Argus, seconded by Haugeberg, to advance to Second Reading and adopt Ordinance M-63-10, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 16, "ADMINISTRATIVE HEARINGS PROGRAM," OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Bogusz, Higgason, W alsten, Argus NAYS: 2-Brookman, Wilson ABSENT: 0-None Motion declared carried. Alderman Bogusz requested that this item be removed from Consent Agenda stating there seemed to be confusion regarding the purpose of changing the ordinance regarding the alcohol training program. Mayor Moylan stated that there was confusion in the past regarding online training; this ordinance is stricter and will require all personnel to be trained. Moved by Bogusz, seconded by Walsten, to concur with Staff recommendation to amend Chapter 4-4-19, Section A; and further recommend to place on First Reading Ordinance M-64-10, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "LIQUOR CONTROL," SECTION 19, "ALCOHOL AWARENESS TRAINING," OF THE D;~J M-64-10 (Cont'd) AMEND RULES/ REG'S/FIRE & POLICE COM.: Ordinance M-65-10 Page 5of11 12/20/10 PLAINES CITY CODE. Voice Vote -Aldermen Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, and Argus voted Aye. Alderman Wilson voted no. Motion declared carried. Alderman Haugeberg stated that this ordinance states only owner and manager and did not indicate staff. City Attorney Wiltse stated that owners and managers are required to be trained; after they are certified, they train their staff. Alderman Wilson requested Leave of the Body to change his Nay vote to Aye. There was no objection and leave was granted. Moved by Bogusz, seconded by Walsten, to concur with Staff recommendation to amend Chapter 4-4-19, Section A; and further recommend to place on First Reading Ordinance M-64-10, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "LIQUOR CONTROL," SECTION 19, "ALCOHOL AWARENESS TRAINING," OF THE DES PLAINES CITY CODE. Voice Vote -All Ayes. Motion declared carried. Alderman Brookman requested that this item be removed from the Consent Agenda for clarification. Alderman Brookman asked if this ordinance change applies to the current list or changing the rules in the length of time for the list from 2 to 3 years. City Attorney Wiltse stated that it applies to the 3 year list; The Fire & Police Commission would review it when it expires; this would be a permanent change for any list coming; an internal review at the end of 3 years can be noted by staff. Fire Chief Wax gave an explanation regarding the current list and procedure in general. City Attorney Wiltse stated that this change cannot be temporary; it must be permanent; it can only be one way or the other. Motion by Brookman, seconded by W alsten, that this matter be brought back to the City Council for consideration at the expiration of the police officer and firefighter eligibility list in 3 years. Voice Vote -All Ayes. Motion declared carried. Moved by Brookman, seconded by Haugeberg, to concur with Staff recommendation to approve the Rules and Regulations changes made by the Board of Fire and Police Commissioners regarding the 2010 Entrance and Promotional Examination Processes; and further recommend to place on First Reading Ordinance M-65-10, AN ORDINANCE ADOPTING THE AMENDMENTS TO THE REVISED RULES AND REGULATIONS OF THE BOARD OF FIRE & POLICE COMMISSIONERS. Voice Vote -All Ayes. fa»f_ ADD PARA. G TO 2-6-4/ RULES/ REG'S/FIRE, POLICE COM.: Ordinance M-66-10 CONSTR. ENG. SVCS FOR RECOVERY WORK/DES PLAINES RIVER RD. RECONSTR.: Consent Agenda Resolution R-168-10 POLICE DEPT./ NET MOTION SOFTWARE PURCHASE: Consent Agenda Resolution R-168-10 HEATING, VENTILATING, AIRCOND. CONTRACT/ CITY-OWNED FACILITIES: Consent Agenda Resolution R-170-10 Page 6of11 12/20/10 Motion declared carried. Moved by Higgason, seconded by W alsten, to concur with Staff recommendation to approve the addition of a paragraph to the current municipal code providing for three-year eligibility lists under the City's Home Rule authority; and further recommend to place on First Reading Ordinance M-66- 10, AN ORDINANCE AMENDING TITLE 2, "BOARDS AND COMMISSIONS," CHAPTER 6, "BOARD OF FIRE AND POLICE COMMISSION," SECTION 4, "POWERS," OF THE DES PLAINES CITY CODE BY ADDING PARAGRAPH G. Voice Vote -All Ayes. Motion declared carried. Moved by Haugeberg, seconded by Walsten, to concur with Staff recommendation to accept construction engineering proposal from URS Corporation, 100 South Wacker Drive, Suite 500, Chicago, IL 60606 in the not to exceed amount of $78, 759.92 (Capital Projects Fund -100% reimbursement from Midwest Gaming and Entertainment) for Recovery Work related to Des Plaines River Road reconstruction; and further recommend to adopt Resolution R-168-10, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM URS CORPORATION FOR ADDITIONAL CONSTRUCTION ENGINEERING SERVICES FOR THE DES PLAINES RIVER ROAD RECONSTRUCTION PROJECT IN AN AMOUNT NOT TO EXCEED $78,759.92. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by W alsten, to concur with Staff recommendation to purchase NetMotion Mobility XE from Insight Public Sector Software, 6820 S. Harl Avenue, Tempe, AZ 85283, in the amount of $18,473.55 (Asset Forfeiture Funds); and further recommend to adopt Resolution R-169-10, A RESOLUTION AUTHORIZING THE PURCHASE OF NETMOTION MOBILITY XE SOFTWARE FOR THE POLICE DEPARTMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Walsten, to concur with Staff recommendation to award the bid for contractual Heating, Ventilation, and Air Conditioning preventive maintenance and full repair of the systems at various City-owned facilities to the lowest responsible bidder, Bedco, Inc., 322 N. Wolf Road, Mount Prospect, Illinois 60056, at the following rates: Maintenance Cost Hourly Labor Rate Material Markup 2011 $8,760.00 $105.00 28% 2012 $10,560.00 $115.00 28% 2013 $12,360.00 $120.00 28% (General Fund/Streets and Grounds Maintenance/R&M Buildings & Structures account); and further recommend to adopt Resolution R-170-10, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A BID FROM fa~I R-170-10 (Cont'd) LETTER OF CREDIT REDUCTION/ 755 SEEGERS RD.: Resolution R-171-10 COMMISSION APP'T.: Consent Agenda ORDINANCE M-61-10 DOUBLE FEES/ 1% PENALTY/ FOR NO PERMIT: Consent Agenda COMMISSION REAPP'T.: Page 7of11 12/20/10 BEDCO, INC. FOR CONTRACTUAL MAINTENANCE AND FULL REPAIR OF THE HEATING AND AIR CONDITIONING SYSTEMS AT VARIOUS CITY-OWNED FACILITIES. Motion declared carried as approved unanimously under Consent Agenda. Alderman Wilson pointed out that on page 1 of the Memorandum dated December 2, 2010 from Scott Mangum, Senior Planner to Jason Slowinski, Acting City Manager, in the lower half of the third paragraph -"On April 6, 2003" should be "On April 6, 2002" ... Moved by Wilson, seconded by Higgason, to concur with Staff recommendation to accept the public improvements constructed and authorize the reduction in public improvement surety for Concord Commons II in the amount of $49,983.96 in accordance with the provisions of the Municipal Code; and further recommend to adopt Resolution R-171-10, A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS FOR CONCORD COMMONS II TOWNHOUSE DEVELOPMENT LOCATED AT 755 SEEGERS ROAD, DES PLAINES, ILLINOIS. 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. COMMISSION APPOINTMENT: ECONOMIC DEVELOPMENT COMMISSION: Randall Rapp-Term to Expire 04/30/12 (Completes Term of Rita Shah -Removed 11/08/10) Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Walsten, to adopt Ordinance M-61-10, AN ORDINANCE AMENDING TITLE 10, "BUILDING REGULATIONS," CHAPTER 2, "BUILDING PERMITS AND FEES," SECTION 5, "DOUBLE FEE," OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. COMMISSION RE-APPOINTMENT: Presented for your consideration -NO ACTION REQUIRED YOUTH COMMISSION: Robert Neil -Term to Expire 12/01/13 MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE WARRANT REGISTER: ERP SOFTWARE PURCHASE: Page 8of11 12/20/10 FINANCE & ADMINISTRATION -Alderman Higgason, Chair Moved by Walsten, seconded by Haugeberg, to recommend to the City Council approval of the December 20, 2010 -Warrant Register, in the total amount of $3,769,292.52; and further recommend that Resolution R-172-10 be adopted at appropriate time this evening. Motion declared carried. Alderman Higgason stated that the Finance & Administration Committee met on December 13, 2010 with four aldermen present to discuss the purchase of Enterprise Resource Planning (ERP) Software System for the City's needs with regard to financial planning, permitting, licensing, human resources, etc. Staff recommended that this software be financed; the Committee did not agree; the Committee agreed that we should pay as we go. The vendor for New World Systems -the leading ERP software for municipal government clients -has offered the City substantial discounts for purchasing a new ERP system prior to the close of the year. The Committee reviewed the matter and reached a consensus that there is an identifiable need for a new ERP system, and the City should take advantage of discounts offered by the leading vendor now rather than delay purchase of the system until 2012. The Committee also reached consensus that the City fund the $766,400 purchase price of the ERP system through general fund reserves and the capital equipment replacement fund as recommended by Staff. Alderman Argus stated that the issue did not come up during the budget hearings; budget cuts were made; why does the system need to be replaced now; what is the cost savings; will any employee positions be eliminated as a result. Alderman Higgason stated that the Acting City Manager said no when a request was made to replace the system during the 2011 budget hearings; a $70,000 reduction is being offered if the purchase is made before the end of 201 O; parts of the Pentamation program software will no longer be available in 2013. Alderman W alsten stated that he brought this issue up at the end of the budget hearings; asked for information; he believes the current system needs to be replaced; to spend money on an antiquated system is irresponsible. Alderman Brookman agreed with Alderman Argus; this issue was not discussed during the budget hearings; there are unanswered questions; needs additional time to review; he will not support the purchase. Director of Information Technology Duebner provided a Power Point Presentation regarding the current system and the need to replace it in the near future. Alderman Bogusz stated that it will cost more later than if it was purchased now. J~f, ERP SOFTWARE PURCHASE: (Cont'd) HVAC PERFORMANCE CONTRACT: Page 9of11 12/20/10 Moved by Haugeberg, seconded by Bogusz, to recommend to the City Council to adopt Resolution R-17 5-10 at appropriate time this evening. Discussion: Alderman Brookman stated that this is setting a bad precedent; it is a no bid contract; passing it at the last meeting of the year is not good; need to take more time to review and then make a decision. Alderman Argus stated that Mount Prospect has a fund balance greater than Des Plaines; agrees with Aldennan Brookman; she will not support it. Alderman Wilson reviewed the information following the Finance & Administration Committee meeting; he will support it. Alderman Bogusz stated that Staff has done its due diligence; the aldermen not present at the Finance & Administration Committee meeting have been contacted by Staff to answer questions so that the aldermen understand why this needs to be done. Alderman Haugeberg agrees with Alderman Bogusz. Moved by Brookman, seconded by Argus, to adopt a substitute motion to defer the ERP Software purchase to the next Council Meeting on January 3, 2011. Voice Vote -Aldermen Brookman and Argus voted Aye. Aldermen Haugeberg, Robinson, Bogusz, Higgason, Walsten and Wilson voted Nay. Motion declared FAILED. Voice Vote on the original motion to recommend to the City Council to adopt Resolution R-175-10. Aldermen Haugeberg, Robinson, Bogusz, Higgason, Walsten and Wilson voted Aye. Aldermen Brookman and Argus voted Nay. Motion declared carried. PUBLIC WORKS -Alderman Brookman, Chair Assistant Director of Public Works & Engineering Boeche presented and answered questions from the Aldermen regarding Johnson Controls' proposal for evaluation and design services for various improvements to City Hall and Police Station Heating, Ventilating, and Air Conditioning systems. These services would be fully funded from the Energy Efficiency Conservation Block Grant (EECBG) that the City received in 2009. Staff recommends approval of the Letter of Intent with Johnson Controls, Inc., 3007 Malmo Drive, Arlington Heights, Illinois, for the purpose of beginning design phase work on the City Hall HV AC replacement project, at a cost of $4,500 (Capital Projects Fund). Moved by Walsten, seconded by Wilson, to recommend to the City Council to adopt Resolution R-173-10 at appropriate time this evening. Motion declared carried. ~ ~-/, ORDINANCE M-60-10 WAIVER/ CERTAIN PERMIT FEES/NON- PROFIT ENTITIES: WARRANT REGISTER: Resolution R-172-10 ERP SOFTWARE PURCHASE: Resolution R-175-10 Page 10of11 12/20/10 MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Higgason, seconded by Walsten, to adopt Ordinance M-60-10, AN ORDINANCE AMENDING TITLE 10, "BUILDING REGULATIONS," CHAPTER 2, "BUILDING PERMITS AND FEES," SECTION 3, "FEES FOR NONPROFIT ORGANIZATIONS," OF THE DES PLAINES CITY CODE. 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, seconded by Bogusz, to concur with recommendation of Committee of the Whole to adopt Resolution R-172-10, 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: $3,769,292.52. Upon roll call, the vote was: AYES: NAYS: ABSENT: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus 0-None 0-None Motion declared carried. Moved by Higgason, seconded by Bogusz, to amend Resolution R-175-10, paragraph 5, by adding "in the best interests of the City". Upon roll call, the vote was: AYES: NAYS: ABSENT: 6-Haugeberg, Robinson, Bogusz, Higgason, Walsten, Wilson 2-Brookman, Argus 0-None Motion declared carried. Moved by Higgason, seconded by W alsten, to concur with recommendation of Committee of the Whole to adopt Resolution R-175-10, A RESOLUTION AUTHORIZING THE PURCHASE OF ENTERPRISE RESOURCE PLANNING SOFTWARE FROM NEW WORLD SYSTEMS CORPORATION AT COST NOT TO EXCEED $766,400.00, AS AMENDED. Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Bogusz, Higgason, W alsten, Wilson NAYS: 2-Brookman, Argus ABSENT: 0-None Motion declared carried. HVAC PERFORMANCE CONTRACT: -~esolution R-173-10 Page 11of11 12/20/10 Moved by Robinson, seconded by Brookman, to concur with recommendation of Committee of the Whole to approve the Letter of Intent with Johnson Controls, Inc., 3007 Malmo Drive, Arlington Heights, Illinois, for the purpose of beginning design phase work on the City Hall HVAC replacement project, at a cost of $4,500 (Capital Projects Fund); and adopt Resolution R-173-10, A RESOLUTION AUTHORIZING THE EXECUTION OF A LETTER OF INTENT BETWEEN JOHNSON CONTROL, INC. AND THE CITY OF DES PLAINES FOR EVALUATION AND DESIGN SERVICES FOR VARIOUS IMPROVEMENTS TO THE CITY HALL AND POLICE STATION HVAC SYSTEMS. 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. ADJOURNMENT: Moved by Walsten, seconded by Higgason, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:40 p.m. Gloria J. Ludwig-CiTcLERK APPROVED BY ME THIS { <t ~