05-16-2011CALL 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, MAY 16, 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 7:07 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday,
May 16, 2011.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Bogusz, Sayad, Brookman, Walsten, Wilson and Charewicz.
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 oflnformation
Technology Duebner and City Attorney Wiltse.
PRAYER AND
PLEDGE:
PUBLIC
HEARING/
PY2010 CDBG
ACTION PLAN
AMENDMENT:
The opening prayer was given by The Reverend Daryl Merrill, Sr. of the
Christian Life Church, followed by the Pledge of Allegiance to the Flag.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER, MONDAY, MAY 16, 2011
Mayor Moylan called the Public Hearing to order at 7:09 p.m. The Public
Hearing was being held pursuant to legal notice (published in the local
newspaper on Wednesday, April 13, 2011) to discuss the draft of the Proposed
Amendment to Program Year 2010 Community Development Block Grant
(CDBG) for the City of Des Plaines, Cook County, Illinois.
Associate Planner Yu presented the proposal to amend the CDBG Program
Year 2010 (October 1, 2010 -September 30, 2011) Action Plan that will
reprogram $93,800.00 of PY2010 Housing Project funding to improve the Des
Plaines Apache Park through the "Public Parks and Recreational Facilities
Improvement Program".
Mayor Moylan asked for comments from the Aldermen and the public.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council expressing
his concerns about improving a gang infested area and possible destruction
after it is done.
After the PY2010 CDBG Action Plan Amendment is reviewed, it will appear
under New Business this evening.
The Public Hearing was adjourned at 7:12 p.m.
The City Council reconvened at 7: 13 p.m.
PRESENTATION:
PROCLAMATION:
CITIZEN PART.:
REPORT/
COMMITTEE ON
COMMITTEES:
Page 2 of 7 5/16/11
Mayor Moylan presented the Police Department's Life Saving Award to
Sergeant Carol Dougherty, Sergeant Ronny Smith, Sergeant Louis Wittmer and
Acting Sergeant Chet Zaprzalka who worked as a team to save the life of
Helmut Mocneichel.
Mayor Moylan presented a Proclamation to Sister Sally Marie Kiepura,
Provincial Superior, and Sister Danielle Jacob, Provincial Councilor, of the
Sisters of the Holy Family of Nazareth declaring July 1 -4, 2011 as Sisters of
the Holy Family of Nazareth Days in honor of their 125th anniversary.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council and
apologized to Alderman Sayad for a derogatory statement he made about him
at the last City Council meeting; it was wrong.
Mr. Rick Bohning, 626 Debra Drive, addressed the City Council requesting
legalization of bee keeping since it is currently illegal; it would be in keeping
with goals of sustainability and would meet short term objective of
sustainability; strike bee keeping from nuisance list; bee keeping is allowed in
Mount Prospect, Elk Grove Village and Chicago.
Alderman Sayad suggested that this request be placed in Committee and asked
for consensus of the Aldermen for consideration. Voice Vote -All Ayes.
Motion declared carried.
Moved by Sayad, seconded by Bogusz, to concur with recommendation of
Committee on Committees held May 16, 2011, to approve the City Council
Committee assignments effective May 16, 2011 as follows:
COMMUNITY DEVELOPMENT
Chairman -Patty Haugeberg
Vice Chairman -Mark Walsten
Member -Dick Sayad
FINANCE & ADMINISTRATION
Chairman -Matt Bogusz
Vice Chairman -Dick Sayad
Member-Dan Wilson
ENGINEERING
Chairman -Dick Sayad
Vice Chairman -Patty Haugeberg
Member-Jack Robinson
PUBLIC SAFETY
Chairman -Mark W alsten
Vice Chairman -Jim Brookman
Member -Mike Charewicz
LEGAL & LICENSING
Chairman -Jack Robinson
Vice Chairman -Dan Wilson
Member -Matt Bogusz
COMMITTEE ON
COMMITTEES:
(Cont'd)
CONSENT
AGENDA:
CLASS M LIQ.
LIC./800 S.
ELMHURST RD.:
Consent
Agenda
Ordinance
M-10-11
AWARD BID/
2011
CONTRACTC
SEWER LINING:
Consent
Agenda
PUBLIC WORKS
Chairman -Jim Brookman
Vice Chairman-Matt Bogusz
Member -Patty Haugeberg
COMMUNITY SERVICES
Chairman -Dan Wilson
Vice Chairman -Mike Charewicz
Member -Mark Walsten
BUILDING CODES
Chairman -Mike Charewicz
Vice Chairman -Jack Robinson
Member -Jim Brookman
Page 3 of 7
Voice Vote -All Ayes. Motion declared carried.
5/16/11
Motion by Sayad, seconded by Bogusz, to establish the Consent Agenda, except
for Items 6 and 6a. Voice Vote -All Ayes. Motion declared carried.
Motion by Haugeberg, seconded by Sayad, to approve Consent Agenda except
for Items 6 and 6a. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, W alsten, Wilson, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Staff recommendations and requests were approved; Ordinance M-10-11 was
placed on First Reading; Resolutions R-72-11, R-73-11, R-74-11, R-77-11, and
R-79-11 were adopted.
Moved by Haugeberg, seconded by Sayad, to approve an application for a Class
M Gas Station Mini Mart Liquor Dealers License for Graham Enterprise, Inc.,
d/b/a Des Plaines Quik Shop, 800 South Elmhurst Road; and further
recommend to place on First Reading, Ordinance M-10-11, AN ORDINANCE
AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4,
"INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND
NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS M
LIQUOR LICENSE FOR GRAHAM ENTERPRISE, INC. D/B/A DES
PLAINES QUIK SHOP AT 800 S. ELMHURST ROAD, DES PLAINES,
ILLINOIS. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Haugeberg, seconded by Sayad, to concur with Staff
recommendation to award the bid for the 2011 Contract C Sewer Lining
contract to the lowest responsible bidder, Insituform Technologies USA, Inc.,
17988 Edison Avenue, Chesterfield, MO 63005 (local address -13897 Main
Street, Lemont, Illinois 60439), in a not-to-exceed amount of $159,338.70; and
further recommend to adopt Resolution R-73-11, A RESOLUTION
~~
Resolution
R-73-11
IDENTITY
PROTECTION
POLICY:
Consent
Agenda
Resolution
R-72-11
AWARD BID/
HOT MIX
ESPHALT
RECYCLER:
Consent
Agenda
Resolution
R-74-11
EXTENSION/
"NO EXCUSE
INCENTIVE/
3000 S. DES
PLAINES RIVER
RD.:
Consent
Agenda
Resolution
R-77-11
REDFLAG
RULES/
FTC:
Consent
Agenda
Resolution
R-78-11
Page 4 of 7 5/16/11
AUTHORIZING THE ACCEPTANCE OF A BID FROM INSITUFORM
TECHNOLOGIES USA, INC. FOR SEWER LINING AT VARIOUS
LOCATIONS THROUGHOUT DES PLAINES AS PART OF THE 2011
CAPITAL IMPROVEMENT PROGRAM -CONTRACT C. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Sayad, to concur with Staff
recommendation to adopt an Identity Protection Policy for the City of Des
Plaines for all current and future employees as required by the Illinois Identity
Protection Act (effective June 1, 2010 which requires compliance within 12
months after the effective date of the Act (by June 1, 2011)); and further
recommend to adopt Resolution R-72-11, A RESOLUTION AUTHORIZING
THE ADOPTION OF THE IDENTITY PROTECTION POLICY AS
APPENDIX R IN THE PERSONNEL POLICY MANUAL FOR THE CITY
OF DES PLAINES. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Haugeberg, seconded by Sayad, to concur with Staff
recommendation to award the bid to R.G. Smith Equipment Company, 622 east
Northwest Highway, Des Plaines, Illinois 60016, in the amount of $175,925.00
(Equipment Replacement cost center (702F/980400)); and further recommend
to adopt Resolution R-74-11, A RESOLUTION ACCEPTING A BID FROM
R.G. SMITH EQUIPMENT COMPANY FOR THE PURCHASE OF A HOT
MIX ASPHALT RECYCLER. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Sayad, to concur with Staff
recommendation to approve the No Excuse Incentive amendment which
extends the substantial completion date of the contract with F. H. Paschen, S.N.
Nielsen & Associates LLC., 8725 West Higgins Road, Suite 200, Chicago,
Illinois 60631 to July 6, 2011; and further recommend to adopt Resolution R-
77-11, A RESOLUTION AUTHORIZING THE EXECUTION OF "NO
EXCUSE INCENTIVE" CONTRACT AMENDMENT #1 BETWEEN THE
CITY OF DES PLAINES AND F. H. PASCHEN FOR THE ACCELERATED
COMPLETION OF THE RECONSTRUCTION OF DES PLAINES RIVER
ROAD TO JULY 6, 2011. Motion declared carried as approved unanimously
under Consent Agenda.
Alderman Haugeberg stated that she had been a victim of identity theft and
encouraged residents who were victims to file a police report.
Moved by Haugeberg, seconded by Robinson, to concur with Staff
recommendation to approve a resolution along with Appendix B of the Finance
Policy Manual which covers the Red Flag Rules as mandated by the Federal
Trade Commission (FTC); and further recommend to adopt Resolution R-78-
11, A RESOLUTION AUTHORIZING THE ADOPTION OF THE IDENTITY
THEFT PROTECTION PROGRAM -RED FLAG RULES AS APPENDIX B
IN THE FINANCE POLICY MANUAL OF THE CITY OF DES PLAINES.
~~{-
R-78-11
(Cont'd)
AWARD BID/
2011 C.l.P/
STREET AND
UTILITY
IMPROV'S:
Consent
Agenda
Resolution
R-79-11
ADVERTISE
BID/EXTERIOR
SEALANT/CITY
HALL:
Consent
Agenda
WARRANT
REGISTER:
Resolution
R-75-11
Page 5 of 7
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.
5/16/11
Moved by Haugeberg, seconded by Sayad, to concur with . Staff
recommendation to award the bid for the 2011 CIP Street and Utility
Improvements contract to the lowest responsible bidder, MQ Sewer & Water
Contractors, Inc., d/b/a MQ Construction Company, 4323 North Central
Avenue, Chicago, Illinois 60634 in the amount of $1,210,119.41 (Capital
Project Fund -$137,988.00, Motor Fuel Tax Fund -$390,736.36, TIP Fund -
$277,950.05 and Water Sewer Fund -$403,445.00); and further recommend to
adopt Resolution R-79-11, A RESOLUTION ACCEPTING THE BID FROM
MQ SEWER & WATER CONTRACTORS, INC. D/B/A MQ
CONSTRUCTION COMPANY FOR THE 2011 CAPITAL IMPROVEMENT
PROGRAM -STREET AND UTILITY IMPROVEMENTS, MFT 11-00214-
00-RS. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Haugeberg, seconded by Sayad, to concur with Staff
recommendation to authorize the City Clerk to advertise for bid the Exterior
Sealant Rehabilitation Program -City Hall project with a return date of
Thursday, June 2, 2011 at 3:00 p.m. Motion declared carried as approved
unanimously under Consent Agenda.
NEW BUSINESS:
Alderman Sayad asked about the charge by Baker Tilly in the amount of
$16,500.00 on Page 2 of the Warrant Register.
Director of Finance Wisniewski stated that this charge was for the annual audit
and annual financial report.
Alderman Sayad asked about the charge by North East Multiregion in the
amount of $8,010.00 on Page 2 of the Warrant Register.
Deputy Chief Kozak stated that this is for training academy for police officers
offered throughout the year.
Alderman Wilson asked about the charge by MICA (Municipal Insurance
Cooperative Agency) Fund in the amount of $2.3 Million on Page 19 of the
Warrant Register.
Director of Finance Wisniewski stated that this annual cost is for the City's
Workers Compensation and Liability Insurance.
R-75-Jl
(Cont'd)
COND. USE/
1141 LEE ST.:
Ordinance
Z-17-10
Page 6 of 7 5/16/11
Moved by Sayad, seconded by Haugeberg, to adopt Resolution R-75-11, 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: $5,960,576.09. 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.
Alderman Argus stated that the Petitioner, Ammar Shaikh, is requesting a
Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning
Ordinance, as amended, to authorize an auto body repair operation in the C-3
District at 1141 Lee Street, Case # 1 0-00 3-CU.
The Petitioner must meet the following conditions:
1. Prior to issuance of the Conditional Use Permit, the Petitioner shall
submit a Landscape Plan. The Landscape Plan shall show a landscaped
area with a minimum of a 7-foot depth along the west parking lot
property line (Lee Street frontage), consisting of shrubs or a continuous
hedge (measuring a minimum of 18 inches at planting and not to exceed
4 feet at maturity), not less than two shade trees, and a three to four foot
high wrought-iron style fence located 2-feet from the edge of the
parking area.
2. Prior to issuance of the Conditional Use Permit, the Petitioner shall
submit a site plan which incorporates above mentioned landscaping and
revised parking lot layout.
3. Petitioner agrees that hours of operation shall be limited to: Monday-
Friday: 8:30 am to 6:00 pm and Saturday 9:00 am to 4:00 pm.
4. All repair or painting of vehicles shall occur inside the building.
5. Emission of noxious, objectionable or annoying odor in such quantities
as to be detectable at any point along a lot boundary is prohibited.
6. Prior to occupancy, all parking areas shall be surfaced and striped to
meet all applicable Building Code hard surface requirements.
7. Prior to occupancy all abandoned vehicles and dead trees shall be
removed from the rear of the lot.
Director of Community & Economic Development Bartholomew answered
questions from the Aldermen regarding the parking lot.
Moved by Sayad, seconded by Robinson, to place on First Reading Ordinance
Z-17-10, AN ORDINANCE AUTHORIZING TEXT AMENDMENTS TO
TABLE 7-4-1, "MANUFACTURING DISTRICTS USE MATRIX," AND
ARTICLE 11.3, "DEFINITIONS," OF THE DES PLAINES ZONING CODE.
Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Higgason,
ORDINANCE
Z-17-10
COND. USE/
1141 LEE ST.:
PY2010 CDBG
ACTION PLAN
AMENDMENT:
Resolution
R-76-11
NAYS:
ABSENT:
Page 7 of 7
Brookman, Walsten, Wilson, Argus
0-None
0-None
Motion declared carried.
5/16/11
Moved by Robinson, seconded by Sayad, to place on Second Reading and
adopt Ordinance Z-17-10, AN ORDINANCE AUTHORIZING TEXT
AMENDMENTS TO TABLE 7-4-1, "MANUFACTURING DISTRICTS USE
MATRIX," AND ARTICLE 11.3, "DEFINITIONS," OF THE DES PLAINES
ZONING CODE. 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 Brookman, seconded by Bogusz, to adopt Resolution R-76-11, A
RESOLUTION APPROVING AMENDMENTS TO THE CITY OF DES
PLAINES' ANNUAL ACTION PLAN PROJECT YEAR 2010. 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.
ADJOURNMENT: Moved by Haugeberg, seconded by Robinson, that the regular meeting of the
City Council adjourn. Motion declared carried. Meeting adjourned at 7:59
p.m.
Gloria J. Lud~ITY CLERK
APPROVED BY ME THIS ti ~