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01-03-2011CALL 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, JANUARY 3, 2011 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, January 3, 2011. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Higgason, Brookman, Wilson, and Argus. Alderman Bogusz arrived at 6: 12 p.m. Alderman Walsten arrived at 6:49 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 Community & Economic Development Bartholomew, 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 Robinson, seconded by Higgason, to go into Executive Session to discuss Pending Litigation and Personnel. 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 The Reverend Tim Roames of the Good News Christian Center, followed by the Pledge of Allegiance to the Flag. Ms. Allison Ferrini, 612 N. Third Avenue, addressed the City Council regarding the request by T-Mobile for a cell tower at 877 Central Road; she read a statement in support of re-zoning the property to residential from institutional until which time the City of Des Plaines is financially prepared to construct a fire station/EMS center on the property; she submitted petitions signed by residents of Cumberland Estates and surrounding areas (in Council file) to the City Clerk. Moved by Wilson, seconded by Haugeberg, that for 13 non-management, non- union positions, a zero percent general wage increase and a zero to three percent merit increase be placed in effect for the 2011 Budget year. Upon roll call, the vote was: A YES: 5-Haugeberg, Robinson, Bogusz, Brookman, Wilson NAYS: 3-Higgason, Walsten, Argus ABSENT: 0-None Motion declared carried. EXECUTIVE SESSION: (Cont'd) CONSENT AGENDA: TEMP. REORG./ CED DEPT./ REVISED SALARY SCHED.: Consent Agenda Ordinance M-1-11 WETLAND MITIGATION A GR.IDES PLAINES RIVER TRAIL: Consent Agenda Resolution R-1-11 Page 2 of 8 1/03/11 Moved by Higgason, seconded by Brookman, that the 41 management employees be eligible for a merit wage increase of zero to one percent, for the 2011 Budget year. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Wilson, Argus NAYS: 1-Walsten ABSENT: 0-None Motion declared carried. Motion by Bogusz, seconded by Haugeberg, to establish the Consent Agenda, except for Item 5. Voice Vote -All Ayes. Motion declared carried. Motion by Higgason, seconded by Bogusz, to approve Consent Agenda except for Item 5. 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; Ordinance M-1-11 was placed on First Reading; Ordinances M-65-10 and M-66-10 were adopted; and Resolutions R-1-11, R-2-11 and R-3-11 were adopted. Moved by Higgason, seconded by Bogusz, to concur with Staff recommendation to temporarily reorganize the Community and Economic Development Department, and accept revised salary schedule (addition of two new supervisory positions) in the non-union, management salary schedule; and further recommend to place on First Reading Ordinance M-1-11, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "ADOPTION OF COMPENSATION PLAN," SUBSECTION A, "CLASSIFIED POSITIONS," SCHEDULE VII-A, "MANAGEMENT PERSONNEL NON-UNION," OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Bogusz, to concur with Staff recommendation to execute the Wetland Credit agreement with Land and Water Resources, Inc., 9575 W. Higgins Road, Suite 901, Rosemont, Illinois, 60018 for the purchase of 0.36 acres of wetland credits in the Lilly Cache Wetland. The total cost of the wetland credits will be $26,280.00. The credits are to be funded through the City's 2008 CMAG grant and the final total cost to the City, as local match to the grant, will be $5,256.00 (Capital Projects Fund); and further recommend to adopt Resolution R-1-11, A RESOLUTION APPROVING THE EXECUTION OF A WETLAND CREDIT AGREEMENT BETWEEN LAND AND WATER RESOURCES, INC. AND THE CITY OF DES PLAINES FOR THE PURCHASE OF WETLAND CREDITS AT THE LILLY CACHE WETLAND MITIGATION BANK. Motion declared carried as approved unanimously under Consent Agenda. J~-J.- CONSTR. ENG. SVCS. AGR. AMENDMENT/ DES PLAINES RIVER TRAIL: Consent Agenda Resolution R-2-11 AMEND.#2/ AGR. WITH IDOT/DES PLAINES RIVER TRAIL IMPROV'S.: Consent Agenda Resolution R-3-11 ORDINANCE M-64-10 AMEND CH. 4-4- 19, SEC. A, LIQUOR ORD.: ORDINANCE M-65-10 AMEND RULES/ REG'S/FIRE & POLICE COM.: Consent Page 3 of 8 1/03/11 Moved by Higgason, seconded by Bogusz, to concur with Staff recommendation to approve Construction Engineering Services Agreement Amendment with Civiltech Engineering, Inc., 450 E. Devon Avenue, #300, Itasca, Illinois 60143, for Des Plaines River Trail Improvements in an amount not-to-exceed $21,331.00 ($17,064.80 -CMAQ Grant Funds and $4,226.20 - Capital Project Funds); and further recommend to adopt Resolution R-2-11, A RESOLUTION APPROVING AN AMENDMENT TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION CONSTRUCTION ENGINEERING SERVICES AGREEMENT BETWEEN CIVILTECH ENGINEERING, INC. AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Bogusz, to concur with Staff recommendation to execute the Local Agency Agreement for Federal Participation -Amendment #2 with the Illinois Department of Transportation; and further recommend to adopt Resolution R-3-11, A RESOLUTION AUTHORIZING THE EXECUTION OF LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION -AMENDMENT #2 BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Alderman Wilson requested that this item be removed from the Consent Agenda for clarification; he has had concerns regarding a clerk who makes a low hourly wage and having to pay $150.00 for a training class. City Attorney Wiltse responded by reviewing Section 4-4-3 and answering Alderman Wilson's concerns. Moved by Wilson, seconded by Higgason, to place on Second Reading and adopt 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. 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. 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 Second Reading and adopt Ordinance M-65-10, AN ORDINANCE ADOPTING THE AMENDMENTS TO THE REVISED RULES AND ~~t Agenda ORDINANCE M-66-10 ADD PARA. G TO 2-6-4/ RULES/ REG'S/FIRE, POLICE COM.: Consent Agenda COMMISSION REAPP'T.: WARRANT REGISTER: VARIATION/ 1115 E. GRANT: Page 4 of 8 1/03/11 REGULATIONS OF THE BOARD OF FIRE & POLICE COMMISSIONERS. Motion declared carried as approved unanimously under Consent Agenda. 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 Second Reading and adopt 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. Motion declared carried as approved unanimously under Consent Agenda. COMMISSION RE-APPOINTMENT: YOUTH COMMISSION: Robert Neil -Term to Expire 12/01/13 Motion declared carried as approved unanimously under Consent Agenda. 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 January 3, 2010 -Warrant Register, in the total amount of $3,852,100.08; and further recommend that Resolution R-4-11 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Argus, Chair CED Senior Planner Mangum reviewed his Memorandum of December 14, 2010 regarding consideration of a variance request to legalize construction of a new Accessory Structure (garage) at 1115 E. Grant Drive (Case #10-061-V) that is taller than the primary structure (house), where an accessory structure should be subordinate in height to the primary structure in the R-1 zoning district. At its December 14, 2010 meeting, the Zoning Board of Appeals recommended (6-0) that the City Council deny the requested variation for an accessory structure that is taller than the primary structure. Aldennan Wilson asked why the garage was not completed. CED Senior Planner Mangum stated that a stop work order was issued because the accessory structure was taller than the house. Alderman Brookman stated that he had a problem with the ordinance requiring the garage to be lower than the house; he is voting to allow the variation because he has a problem with the ordinance. ~ ~-f- 1115 E. GRANT: (Cont'd) CUMBERLAND TRANSIT ORIENTED DEV. PLAN: MORATORIUM/ TAXICAB LICENSING: Page 5 of 8 1/03/11 Aldennan Bogusz asked about the difference in height discussed in 2009 and 2010. CED Senior Planner Mangum responded that the petitioner had changed the plans. Mrs. Monica Niedrielski, Petitioner's wife, addressed the Committee of the Whole stating that she had signed petitions from the neighbors that they have no objection to the height of the garage. Mrs. Niedrielski answered questions from the aldermen regarding the construction of the garage. Alderman Argus stated that she will not support the variation. Mrs. Niedrielski stated that there is no bathroom, no kitchen, no running water, only electrical wiring. Moved by Argus, seconded by Wilson, to recommend to the City Council to deny the requested variation for an accessory structure that is taller than the primary structure at 1115 E. Grant. Voice Vote -Ayes -Aldermen Haugeberg, Robinson, Higgason, Walsten, Wilson and Argus; 1 Nay -Alderman Brookman; 1 Abstention -Alderman Bogusz. CED Senior Planner Mangum reviewed his Memorandum of December 14, 2010 regarding the Cumberland Transit Oriented Development Plan. Through a competitive process, the City of Des Plaines was awarded a Community Planning grant by the Regional Transportation Authority (RTA) to develop a Transit Oriented Development plan for the Cumberland Station area. The 100% grant funding allowed the City to select a consultant team comprised of S. B. Friedman & Company, The Lakota Group Urban Designers, Regina Webster & Associates Consulting Civil Engineers, and DLK Civic Design Architectural Firm. Mr. Steve Friedman of S. B. Friedman & Company, and Mr. Geoff Dickinson, Project Manager, of S. B. Friedman & Company, gave a Power Point presentation of the Cumberland Transit Oriented Development Plan (in Council file) which is developer driven. Mr. Friedman and Mr. Dickinson answered questions from the aldermen regarding business development within the Cumberland TOD Plan. Moved by Wilson, seconded by Higgason, to recommend to the City Council to consider and adopt the Cumberland Transit Oriented Development Plan. Voice Vote -All Ayes. Motion declared carried. LEGAL & LICENSING -Alderman Robinson, Chair City Attorney Wiltse reviewed his Memorandum of December 23 , 2010 regarding a Moratorium to Des Plaines Taxi Licensing. The Legal and Licensing Committee met on December 22, 2010 to consider a moratorium on J~t MORATORIUM/ TAXICAB LICENSING: (Cont'd) WARRANT REGISTER: Resolution R-4-11 DENY VARIATION/ 1115 E. GRANT: CUMBERLAND TRANSIT ORIENTED DEV. PLAN: Resolution R-5-11 Page 6 of 8 1/03/11 taxi licensing in Des Plaines for six months to July, 2011. City Attorney Wiltse stated that he conferred with outside Counsel of the Schain Burney Banks and Kenny law firm which concluded that the moratorium should be for all taxi companies and taxi cabs licensed and that the status quo should be maintained while the moratorium is in place. Accordingly, under the proposed draft ordinance, only taxi companies currently licensed and taxis currently licensed will be eligible for re-licensing during the moratorium period. The Police Chief recommended that the taxi license period be set from July 1 to June 30 of the following year. Moved by Walsten, seconded by Wilson, to recommend to the City Council to place on First Reading Ordinance M-2-11. 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 Bogusz, to concur with recommendation of Committee of the Whole to adopt Resolution R-4-11, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAY ABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,852, 100.08. 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 Argus, seconded by Robinson, to concur with recommendation of Committee of the Whole to DENY the requested variation for an accessory structure that is taller than the primary structure at 1115 E. Grant (Case # 10- 061-V). Upon roll call, the vote was: A YES: 6-Haugeberg, Robinson, Higgason, W alsten, Wilson, Argus NAYS: I-Brookman ABSTAIN: 1-Bogusz ABSENT: 0-None Motion declared carried. Moved by Argus, seconded by Higgason, to concur with recommendation of Committee of the Whole to adopt Resolution R-5-11, A RESOLUTION AUTHORIZING THE ADOPTION OF THE CUMBERLAND STATION AREA TRANSIT ORIENTED DEVELOPMENT PLAN IN THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, W alsten, Wilson, Argus R-5-11 (Cont'd) MORATORIUM/ TAXICAB LICENSING: Ordinance M-2-11 ORDINANCE M-2-11 MORATORIUM/ TAXICAB LICENSING: DISCUSSION/ RED LIGHT CAMERA: NAYS: 0-None ABSENT: 0-None Motion declared carried. Page 7 of 8 1/03/11 Moved by Robinson, seconded by Walsten, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance M-2-11, AN ORDINANCE ADOPTING A MORATORIUM FOR PUBLIC PASSENGER VEHICLE TAXI COMPANY BUSINESS LICENSES AND PUBLIC PASSENGER TAXI VEHICLE LICENSES WITHIN THE CITY OF DES PLAINES. Voice Vote -All Ayes. Motion declared carried. Moved by Robinson, seconded by Higgason, to place on Second Reading and adopt Ordinance M-2-11, AN ORDINANCE ADOPTING A MORATORIUM FOR PUBLIC PASSENGER VEHICLE TAXI COMPANY BUSINESS LICENSES AND PUBLIC PASSENGER TAXI VEHICLE LICENSES WITHIN THE CITY OF DES PLAINES. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Higgason, NAYS: ABSENT: Brookman, W alsten, Wilson, Argus 0-None 0-None Motion declared carried. Alderman Brookman requested consensus from the aldermen that the Red Light Camera issue be placed on the January 18, 2011 agenda for further discussion. In a previous discussion with City Attorney Wiltse, Alderman Brookman was advised that if consensus from the aldermen was secured, the issue could be placed on the January 18, 2011 meeting's agenda. Mayor Moylan stated that proper procedure needed to be followed, and that Alderman Brookman should discuss placing this issue on the agenda with Acting City Manager Slowinski. Alderman W alsten stated that he believed the Red Light Camera program was a done deal, and will not support bringing the issue back to the City Council for discussion. Alderman Wilson agreed with Alderman Brookman to bring this issue back to the City Council for further discussion, and that any other issue could be revisited. City Attorney Wiltse stated that January 18, 2011 was the deadline for the City Council to pass an ordinance or resolution to place a referendum question regarding the Red Light Camera issue on the ballot. Aldermen Haugeberg, Robinson, Bogusz, W alsten and Argus did not agree with consensus. Alderman Higgason, Brookman and Wilson did agree with consensus to place the Red Light Camera issue for discussion on the agenda for the January 18, 2011 Council meeting. Due to lack of consensus, the Red Litt ~~ Page 8 of 8 1/03/11 Camera issue will not be placed on the agenda for the January 18, 2011 Council meeting for discussion. ADJOURNMENT: Moved by Robinson, seconded by Walsten, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:00 p.m. APPROVED BY ME THIS ] f:! DAYOF ::}~ ,2011 M~ 7 Gloria i. Ludwig-CY CLERK