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03-07-2011MINUTES 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, MARCH 7, 2011 CALL TO ORDER: 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, March 7, 2011. ROLL CALL: Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Argus. Alderman Wilson was absent Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Police Chief Prandini, Fire Chief Wax, Director of Public Works & Engineering Oakley, Director of Community & Economic Development Bartholomew, Director of Information Technology Duebner, Director of Human Resources Earl and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: Moved by Robinson, seconded by Walsten, to go into Executive Session to discuss Pending Litigation, Probable & Imminent Litigation and Review of Executive Session Minutes. Upon roll call, the vote was: AYES: NAYS: 5-Haugeberg, Robinson, Higgason, Walsten, Argus 0-None ABSENT: 3-Bogusz, Brookman, Wilson Motion declared carried. The City Council recessed at 6:02 p.m. The City Council reconvened at 7:03 p.m. Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Argus. The opening prayer was given by Rev. Gregory Barette of the Unity Northwest Church, followed by the Pledge of Allegiance to the Flag. PROB.ABLE & IMMINENT LITIGATION: PENDING LITIGATION: EXECUTIVE SESSION MINUTES/ BIANNUAL REVIEW: 3/7/11 PAGE TWO Moved by Higgason, seconded by Robinson, to concur with majority agreement in Executive Session that City Attorney be authorized to file a lawsuit on the case discussed in Executive Session under Probable and Imminent Litigation. Upon roll call, the vote was: AYES: 5-Haugeberg, Robinson, Bogusz, Higgason, Argus NAYS: 2-Brookman, Walsten ABSENT: 1-Wilson Motion declared carried. Moved by Higgason, seconded by Haugeberg, with consensus in Executive Session that Attorney negotiate a possible settlement of discussed with final settlement to be duly in open session should a settlement be Motion declared carried. to concur the City the case reported reached. Moved by Higgason, seconded by Walsten, to concur with consensus in Executive Session that the following Executive Session minutes, or portions thereof, no longer require confidential treatment and are available for public inspection as recommended by City Attorney Wiltse in his memo of February 22, 2011: June 7, 2004 ACQUISITION OF REAL PROPERTY 243, 255 & 263 Wille Road, TIF #3 January 17, 2005 PROBABLE & IMMINENT LITIGATION TIF #3 March 7, 2005 ACQUISITION OF REAL PROPERTY 255 Wille Road April 18, 2005 ACQUISITION OF REAL PROPERTY 301 Wille Road February 2, 2009 EXECUTIVE SESSION MINUTES August 7, 2009 March 1, 2010 Biannual Review EXECUTIVE SESSION MINUTES Biannual Review EXECUTIVE SESSION MINUTES Biannual Review Motion declared carried. Moved by Higgason, seconded by Haugeberg, to concur with consensus in Executive Session that after a review, that a need for confidentiality still exists as to all or part of the remaining Executive Session minutes, the rest continue to remain unreleased. Motion declared carried. CONSENT AGENDA: MINUTES: Consent Agenda INTERGOVT. AGREEMENT/ D.P. PARK DISTRICT SECURITY SERVICES: Resolution R-26-11 3/7/11 PAGE THREE Moved by Walsten, seconded by Argus, to establish a Consent Agenda. Motion declared carried. Moved by Haugeberg, seconded by Robinson, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Argus NAYS: 0-None ABSENT: 1-Wilson Motion declared carried. Minutes were approved; Staff recommendation and requests were approved: Resolutions R-27-11, R-28-11 and R-30-11 were adopted; and Ordinances M-4-11, Z-4-11 and Z-5-11 were adopted. Moved by Haugeberg, seconded by Robinson, to approve minutes of the regular meeting of the City Council held February 22, 2011. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Haugeberg, to concur with Staff recommendation to authorize Acting City Manager and City Clerk to execute "Intergovernmental Agreement" with the Des Plaines Park District, 2222 Birch Street, to provide security services by trained Reserve/Auxiliary Police Officers at various Des Plaines Park District facilities during summertime hours from May through September 2011 and May through September 2012, at a cost of $2 6 per hour for each police officer; and further recommend to adopt Resolution R-26-11, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF SECURITY SERVICES AT ALL PARK DISTRICT FACILITIES BETWEEN THE CITY OF DES PLAINES AND THE DES PLAINES PARK DISTRICT. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Argus NAYS: 0-None ABSENT: 1-Wilson Motion declared carried. 2011 MEMBERSHIP/ NORTHEASTERN IL PUBLIC SAFETY TRAIN. ACADEMY: Consent Agenda Resolution R-27-11 ACCEPT PROPOSAL/ SANITARY SEWER FLOW MONITORING: Consent Agenda Resolution R-28-11 ACCEPT PROPOSAL/ENG. SERVICES FOR RIVER ROAD WATERMAIN IMPROVE.: Consent Agenda Resolution R-30-11 ADVERTISING FOR BIDS: Consent Agenda 3/7/11 PAGE FOUR Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Intergovernmental Agreement Contract & Bylaws" with Northeastern Illinois Public Safety Training Academy (NIPSTA) for 2011 Membership in an amount not to exceed $ 21, 9 8 4. 0 0 /Budgeted Funds; and further recommend to adopt Resolution R-27-11, A RESOLUTION AUTHORIZING THE DES PLAINES FIRE DEPARTMENT CONTINUED MEMBERSHIP AND PARTICIPATION IN THE NORTHEASTERN ILLINOIS PUBLIC SAFETY TRAINING ACADEMY (NIPSTA) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to accept proposal from RJN Group, 200 West Front Street, Wheaton, IL 6018 7, for Sanitary Sewer Monitoring of the Sanitary Sewer Tributary to the Mount Prospect Road Sanitary Sewer Main in the not to exceed amount of $82, 055.00/Water/Sewer Capital Improvement Program Funds, Professional Services Account; and further recommend to adopt Resolution R-28-11; A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM RJN GROUP, INC. FOR SANITARY SEWER MONITORING OF THE SANITARY SEWERS TRIBUTARY TO THE MOUNT PROSPECT ROAD SANITARY SEWER MAIN. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to accept proposal from Christian-Roge & Associates, 211 West Wacker Drive, Chicago, IL 60606, for Professional Engineering Services for the Des Plaines River Road Water Main Inprovement, in the not to exceed amount of $83,393.82/Water-Sewer Funds; and further recommend to adopt Resolution R-30-11, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM CHRISTIAN-ROGE & ASSOCIATES FOR DESIGN SERVICES FOR THE DES PLAINES RIVER ROAD WATER MAIN IMPROVEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Street Light Utility Locates and Repairs, returnable by 3: 00 PM, Friday, March 18, 2011. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M-4-11/ 2011 APPROPRIATION: Consent Agenda ORDINANCE Z-4-11/ COND. USE/1651 ELK BLVD.: Consent Agenda ORDINANCE Z-5-11/ VARIATION/ 556 S. FOURTH AVE.: Consent Agenda 3/7/11 PAGE FIVE Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Stretchers of Front-Line Ambulances for the Fire Department, returnable by 3:00 PM, Friday, March 18, 2011. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Parkway Tree Maintenance, returnable by 3:00 PM, Friday, March 25, 2011. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to adopt Ordinance M-4-11, AN ORDINANCE MAKING APPROPRIATIONS TO DE FREY THE EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR MUNICIPAL PURPOSES DESIGNATED AS THE "ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to adopt Ordinance Z-4-11, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-6 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW A MASSAGE THERAPY SCHOOL AT AN EXISTING ESTHETICS SCHOOL (COMMERCIAL SCHOOL) AT 1651 ELK BOULEVARD, DES PLAINES, ILLINOIS (CASE #10-064-CU) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Ordinance VARIATION Haugeberg, seconded by Robinson, to adopt Z-5-11, AN ORDINANCE AUTHORIZING A TO SEC I TON 7. 2-4 D. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO AUTHORIZE AN ADDITION TO AN EXISTING SINGLE-FAMILY HOME WITH LIVING AREA ABOVE THE SECOND FLOOR (3 STORIES) AT 556 S. FOURTH AVENUE, DES PLAINES, ILLINOIS (CASE #10-065-V). Motion declared carried Consent Agenda. as approved unanimously under MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE WARRANT REGISTER: DISSOLUTION OF THE CIVIL SERVICE COMMISSION: WARRANT REGISTER: Resolution R-29-11 3/7/11 PAGE SIX FINANCE & ADMINISTRATION -Alderman Higgason, Chair Moved by Haugeberg, seconded by Bogusz, to recommend to the City Council approval of the March 7, 2011 - Warrant Register, in the total amount of $2, 915, 747. 85; and further recommend that Resolution R-29-11 be adopted at appropriate time this evening. Motion declared carried. Director of Human Resources Earl reviewed his memo of February 24, 2011 regarding the dissolution of the Civil Service Commission; Staff is recommending that the City Council exercise its right under home rule powers to dissolve the Civil Service Commission by deleting Title 2 -Chapter 8 -Civil Service of the City Code as detailed in Ordinance M-5-11. Alderman Brookman stated that this is a significant change; some employees would not be covered if the Commission is eliminated; this should go through the Legal & Licensing Committee; a policy manual is not the same as an independent party. Moved by Brookman, seconded by Walsten, to recommend to the City Council to refer the matter of the Dissolution of the Civil Service Commission and Ordinance M-5-11 to the Finance Committee for further review and report back to the City Council at a later date. Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Higgason, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to adopt Resolution R-29-11, 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: $2,915,747.85. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Argus NAYS: 0-None ABSENT: 1-Wilson Motion declared carried. DISSOLUTION OF CIVIL SERVICE COMMISSION: Ordinance M-5-11 ADJOURNMENT: 3/7/11 PAGE SEVEN Moved by Higgason, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to refer the matter of the Dissolution of the Civil Service Commission and Ordinance M-5-11 to the Finance Committee for further review and report back to the City Council at a later date. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Argus NAYS: 0-None ABSENT: 1-Wilson Motion declared carried. Moved by Robinson, seconded by Haugeberg, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting a · ur ed at 7:37 p.m. CLERK APPROVED BY ME THIS DAY OF ~/ , 2011