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03-21-2011CALL 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, MARCH 21, 2011 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by City Clerk Gloria J. Ludwig at 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 21, 2011. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Higgason, Brookman, Walsten, Wilson and Argus. Alderman Bogusz arrived at 6:05 p.m. Mayor Moylan arrived at 6:25 p.m. Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Police Chief Prandini, Fire Chief Wax, Director of Human Resources Earl, Director of Community & Economic Development Bartholomew, Director of Public Works and Engineering Oakley, Director oflnformation Technology Duebner and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: CITIZEN PART.: City Clerk Ludwig announced that Mayor Moylan would amve later this evening and asked for a motion to elect a Mayor Pro Tern. Moved by Wilson, seconded by Brookman, to elect Alderman Argus as Mayor Pro Tern. Voice Vote-All Ayes. Motion declared carried. Mayor Pro Tern Argus requested a motion to adjourn to Executive Session. Moved by Higgason, seconded by Haugeberg, to go into Executive Session to discuss Probable and Imminent 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, W alsten, Wilson and Argus. The opening prayer was given by The Reverend Valentin Popovici of the Romanian Baptist Church, followed by the Pledge of Allegiance to the Flag. Fire Chief Wax introduced Eagle Scout Max Jacobs who presented his Eagle Scout Project which is a rose garden memorial to Des Plaines Fallen Firefighter Robert Coombs who died in the line of duty while making a rescue from a sewer in 1962. The project will take place at Fire Station #3, and will be funded entirely from the fundraising efforts of Max Jacobs and his fellow scouts. Mr. Wayne Serbin, 83 5 Pearson Street, addressed the City Council stating that J~~~t CITIZEN PART.: (Cont'd) CONSENT AGENDA: MINUTES: CONFINED SPACE ENTRY PERMIT AGR./ 2010-2015/ MWRD: Page 2 of 9 3/21/11 the Cheeseburger in Paradise restaurant had closed; this means a loss of revenue; management raised the rent twice; suggested that the Mayor contact management. Mayor Moylan responded that the Acting City Manager will contact the managing agent for Metropolitan Square to discuss the rent issue. Dr. M. McKeman, 1920 Andy Lane, addressed the City Council stating that there are two traffic problems: (1) at Maple and Touhy she observed cars in the intersection making a left tum; her suggestion is the shorten the time for the red light at Maple; she waited S minutes to cross the intersection; (2) will there be bike paths in the area of River Road at Touhy and Devon? Assistant Director of Public Works and Engineering Duddles responded that there will not be a bike path; sidewalks will be installed. Mr. John Graziadei, 1 OSO Wicke Avenue, addressed the City Council stating that he has made several requests that the Riviera sign on Oakton Street be removed; has the owner paid the fee to have the sign on the property of Vision Care? Mayor Moylan stated that someone would get back to him with an answer. Motion by Higgason, seconded by Bogusz, to establish the Consent Agenda, except for Items S, Sa, 7 and 7a. Voice Vote -All Ayes. Motion declared carried. Motion by Haugeberg, seconded by Robinson, to approve Consent Agenda except for Items S, Sa, 7 and 7a. Upon roll call, the vote was: A YES: 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-31-11, R-33-11, R-37-11 and R-39-11 were adopted. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Regular Meeting of the City Council held March 7, 2011. 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 March 7, 2011. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve the Confined Space Entry Agreement between the Metropolitan Water Reclamation District and the City of Des Plaines which allows City of Des Plaines Public Works Staff to access the water meter vaults b~~ cl Consent Agenda Resolution R-31-11 INTER GOV. AGR./COOK CO. ASSESSOR'S OFFICE/DATA ACCESS: Resolution R-33-11 PURCHASE OF TOOLCAT 5600 TURBO WORK MACHINE: Consent Agenda Resolution R-34-11 Page 3 of 9 3/21/11 located at 701 West Oakton Street in order to read the meters; and further recommend to adopt Resolution R-31-11, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONFINED SPACE ENTRY PERMIT AGREEMENT FOR THE PURPOSE OF ALLOWING CITY OF DES PLAINES EMPLOYEES ENTRY INTO A VAULT LOCATED AT THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, 701 WEST OAKTON STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to enter into the intergovernmental agreement with the Cook County Assessor's Office (CCAO) in order to access the Cook County Geographic Information System data that is updated annually. This information consists of cadastral data, planimetric data, assessment data, property images, digital ortho-photography (aerial photos) and other data (collectively, such as images, photos and data) that the City uses for its Geographic Information System (GIS); and further recommend to adopt Resolution R-33-11, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO AN INTER GOVERNMENT AL AGREEMENT WITH THE COOK COUNTY ASSESSOR TO ACCESS COOK COUNTY GEOGRAPHIC INFORMATION SYSTEM DAT A. Motion declared carried as approved unanimously under Consent Agenda. Alderman Brookman requested that this item be removed from Consent Agenda for further discussion. Alderman Brookman asked if the snow machine can be used in other areas of the City. Assistant Director of Public Works and Engineering Boeche stated that the machine is to be used specific to the TIF district. City Attorney Wiltse explained that the funds to purchase this machine are from TIP #1 and the use would be restricted to that area. Alderman W alsten stated that more machines should be added to remove snow from other areas in the City. City Attorney Wiltse will check these issues. Moved by Brookman, seconded by Higgason, to concur with Staff recommendation, in the best interest of the City, to authorize the purchase of one 5600 Turbo Toolcat Work Machine F-Series from Atlas Bobcat, 5000 North River Road, Schiller Park, Illinois 60176 in the amount of $67,006 (TIP #1 Equipment Funds); and further recommend to adopt Resolution R-34-11, A RESOLUTION AUTHORIZING THE PURCHASE OF A TOOLCAT 5600 TURBO WORK MACHINE FROM ATLAS BOBCAT OF SCHILLER PARK, ILLINOIS. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Higgason, AWNING INITIATIVE: Consent Agenda Resolution R-37-11 DOWNTOWN BANNER PROGRAM: Consent Agenda Resolution R-38-11 SURPLUS LIBRARY PROPERTY: Consent Agenda NAYS: ABSENT: Page 4 of 9 Brookman, Walsten, Wilson, Argus 0-None 0-None Motion declared carried. 3/21/11 Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve amendment to Fa9ade Rehabilitation Program "Awning Initiative Guidelines" based on the recommendation of the Economic Development Commission on March 2, 2011; and further recommend to adopt Resolution R-37-11, A RESOLUTION AMENDING THE FACADE REHABILITATION PROGRAM GUIDELINES FOR THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Alderman Brookman requested that this item be removed from Consent Agenda for further discussion. Alderman Brookman stated that the requirement that a participating business be a sales tax generating business is discriminatory; this requirement should be removed to allow all businesses to participate. Alderman Haugeberg stated that there are banners in other areas within TIF #1 which could be utilized by other businesses. Moved by Brookman, seconded by W alsten, to adopt a substitute motion to amend Resolution R-38-11 by striking the words "sales tax generating" from the fourth paragraph. Upon roll call, the vote was: A YES: 2-Brookman, W alsten NAYS: 6-Haugeberg, Robinson, Bogusz, Higgason, Wilson, Argus ABSENT: 0-None Motion declared FAILED. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to authorize the adoption of the Downtown Banner Program; and further recommend to adopt Resolution R-38-11, A RESOLUTION AUTHORIZING THE ADOPTION OF THE DOWNTOWN BANNER PROGRAM IN THE CITY OF DES PLAINES. 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. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation that the City exercise its right of first refusal to acquire property that the Library Board has deemed not necessary or useful for the Library (beanbag chairs/beanbag pillows); and further recommend to adopt Resolution R-39-11, A RESOLUTION AUTHORIZING THE RIGHT . OF0 J~~ Resolution R-39-11 WARRANT REGISTER: Page 5 of 9 3/21/11 FIRST REFUSAL TO PURCHASE PUBLIC PERSONAL PROPERTY THAT WAS DEEMED NO LONGER NECESSARY TO THE CITY BY THE DES PLAINES PUBLIC LIBRARY BOARD OF TRUSTEES. 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 March 21, 2011 -Warrant Register, in the total amount of $2,701,727.32; and further recommend that Resolution R-35-11 be adopted at appropriate time this evening. Motion declared carried. INTERLOCAL Alderman Higgason requested that Vice Chair Bogusz present the next item on AGR./FUNDING/ the agenda regarding the Interlocal Agreement. Alderman Higgason will DES PLAINES abstain during voting due to a conflict of interest since she is a member of the SENIOR CENTER: Board of Directors of the Frisbie Senior Center. Vice Chair Bogusz introduced President, CEO and Executive Director Stephen H. Samuelson of the Des Plaines Community Senior Center. Mr. Samuelson presented the 2010 Year-End Grant Report, and appeared before the Committee of the Whole to answer questions. Vice Chair Bogusz asked questions regarding the Congregate Meals program and breakdown of the percentage of funds used. Executive Director Samuelson gave an explanation and , stated that other resources are being examined. Vice Chair Bogusz requested more frequent updates of how the funds are used. Alderman Wilson will abstain during voting due to a conflict of interest since his wife is a member of the Board of Directors of the Frisbie Senior Center. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that a New York television station reported that many senior citizens protested Mayor Bloomberg' s decision to close a number of senior centers. Moved by Walsten, seconded by Robinson, to recommend to the City Council approval of the Interlocal Agreement between the City of Des Plaines, the Des Plaines Park District and the Des Plaines Senior Center to fund senior services. Aldermen Higgason and Wilson abstained. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Argus, Chair EXTENSION/ VARIATIONS 1382-1398 PRAIRIE AVENUE: COND. USE/ 1424 LEE ST.: BAN SALE OR USE OF COAL TAR-BASED SEALANTS: Page 6 of 9 3/21/11 Chairman Argus stated that on April 19, 2010, the City Council adopted Ordinance Z-8-10 granting an extension until March 22, 2011 of prior Ordinances (Z-7-07, Z-6-08, Z-1-09) which authorized two variations to the zoning code to allow the construction of a 40-unit condominium development at 1382-1398 Prairie Avenue. R. Franczak & Associates is requesting an additional 12-month extension due to the state of the present condominium market. Attorney Barry Collins of Tuttle, Vedral & Collins, 733 Lee Street, representing R. Franczak & Associates, appeared before the Committee of the Whole to answer questions. Mr. Robert Lewandowski of R. Franczak & Associates appeared before the Committee of the Whole to answer questions; he gave a brief history of R. Franczak & Associates; they stopped building condominiums when the economy negatively impacted the real estate market. Moved by Bogusz, seconded by Argus, to recommend to the City Council approval of the 12-month extension to Ordinance Z-8-10 for the 1382-1398 Prairie A venue project based on the specific facts of this development. Motion declared carried. Chairman Argus stated that the Petitioner, Ogden Auto Haus, Inc., is requesting a Conditional Use Permit under Section 7.3-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a motor vehicles sales operation in the C-3 District at 1424 Lee Street, Case #11-002-CU. Director of Community & Economic Development Bartholomew answered questions from the Aldermen regarding use of the internet and collection of sales tax. Moved by Higgason, seconded by Brookman, to recommend to the City Council approval of a Conditional Use Permit for the operation of a motor vehicles sales operation in the C-3 District at 1424 Lee Street. Motion declared carried. PUBLIC SAFETY -Alderman Walsten, Chair Chairman W alsten requested that the Committee discuss whether a local ordinance should be passed that would ban the use or sale of coal tar-based- based sealant in the City of Des Plaines; sealants are typically used on asphalt parking lots and driveways as a means to protect the asphalt surface from elements thereby prolonging the life of the asphalt; he cited cases where the sale or use of coal tar-based-based sealant has been banned. Acting City Manager stated that Anne LeHuray, Executive Director of the Pavement Coatings Technology Council, had a previous commitment that would not allow her to appear before the Council tonight to answer questions regarding the pavement sealer issue. ~ ~J BAN SALE OR USE OF COAL TAR-BASED SEALANTS: (Cont'd) WARRANT REGISTER: Page 7 of 9 3/21/11 Alderman Brookman inquired as to the enforcement of a ban to use or sell coal tar-based-based sealant. A discussion was held regarding the types of sealant, its useful life, enforcement of the purchase and use of coal tar-based-based sealants. Alderman Walsten requested that Staff provide more information and contact Austin, Texas regarding the ban on coal tar-based-based sealants. Mr. Rick Bennett, 10352 Franklin Avenue, Franklin Park, Illinois, addressed the Committee of the Whole giving an explanation of the process of making coal tar-based-based sealant and its components; sealants prolong life of asphalt; weather affects life of asphalt; gave information regarding sealants used in Wisconsin. Mr. Kevin Shields of Seal Master, 375 Roma Jean Parkway, Streamwood, Illinois, addressed the Committee of the Whole stated that there are two sides to the issue of coal tar-based-based sealants before making a decision. Alderman Walsten requested that Staff contact Lowes and Home Depot to find out if they actually banned coal tar-based sealants. Mr. Ray Himmelblau, 868 Willow Drive, Wheeling, addressed the Committee of the Whole asking how people would know what product is being put down if there is no permit process. Moved by Haugeberg, seconded by Higgason, to recommend to the City Council to move this issue back to Committee of the Whole for further discussion, pending requested information from Staff and to accommodate parties on both sides of the issue. Alderman Higgason raised a point of order regarding a motion to postpone and not to a date certain. City Attorney Wiltse stated that staff is well aware of what the Committee of the Whole is requesting, and that by leave of the body, it is the consensus of the Committee of Whole to postpone discussion by the Committee of the Whole of Ordinance M-6-11 regarding the ban of coal tar-based sealants until further information is provided by staff. 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-35-11, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE ~\{- Resolution R-35-11 INTERLOCAL AGR./FUNDING/ DES PLAINES SENIOR CENTER: Resolution R-36-11 EXTENSION/ VARIATIONS 1382-1398 PRAIRIE AVENUE: Ordinance Z-7-11 BAN SALE OR USE OF COAL TAR-BASED SEALANTS: Ordinance M-6-11 EXTENSION/ VARIATIONS 1382-1398 Page 8of9 3/21/11 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,701,727.32. 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 Bogusz, seconded by Robinson, to concur with recommendation of Committee of the Whole to adopt Resolution R-36-11, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DES PLAINES, THE DES PLAINES PARK DISTRICT AND THE DES PLAINES SENIOR CENTER FOR THE PROVISION OF FUNDING FOR SERVICES. Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Bogusz, Brookman, W alsten, Argus NAYS: 0-None ABSENT: 0-None ABSTAIN: 2-Higgason, Wilson Motion declared carried. Moved by Argus, seconded by Robinson, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-7-11, AN ORDINANCE GRANTING A ONE YEAR EXTENSION OF ORDINANCE Z-7-07 WHICH AUTHORIZED TWO MAJOR VARIATIONS TO SECTIONS 7.3-8 E. AND 10.8-2 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW THE CONSTRUCTION OF A 40-UNIT CONDOMINIUM DEVELOPMENT WITH A LOT AREA OF 27,900 SQUARE FEET WITH NO INTERIOR PARKING LOT LANDSCAPING AT 1382-1398 PRAIRIE A VENUE, DES PLAINES, ILLINOIS (CASE #06-134- V). Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, W alsten, Wilson, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. To concur with the recommendation of the Committee of the Whole, by the leave of the body, that Ordinance M-6-11, AN ORDINANCE AMENDING TITLE 5, "PUBLIC HEALTH AND SAFETY," OF THE DES PLAINES CITY CODE BY ADDING CHAPTER 7, "PROHIBITING THE USE AND SALE OF COAL TAR-BASED SEALANTS" will be returned to staff to be returned to the Committee of the Whole in due course. Motion by Argus to advance to Second Reading and adopt Ordinance Z-7-11, AN ORDINANCE GRANTING A ONE YEAR EXTENSION OF ORDINANCE Z-7-07 WHICH AUTHORIZED TWO MAJOR VARIATIONS 1 ''i J1~ Page 9 of 9 3/21/11 PRAIRIE TO SECTIONS 7.3-8 E. AND 10.8-2 OF THE CITY OF DES PLAINES A VENUE: ZONING ORDINANCE TO ALLOW THE CONSTRUCTION OF A 40-UNIT CONDOMINIUM DEVELOPMENT WITH A LOT AREA OF 27,900 Ordinance SQUARE FEET WITH NO INTERIOR PARKING LOT LANDSCAPING AT Z-7-11 1382-1398 PRAIRIE AVENUE, DES PLAINES, ILLINOIS (CASE #06-134- V). Motion declared FAILED for lack of a second. ADJOURNMENT: Moved by Higgason, seconded by Walsten, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:3 7 p.m.