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