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08-15-2011MINUTES 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, AUGUST 15, 2011 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Moylan at 6:15 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Ci vie Center on Monday, August 15, 2011. ROLL CALL: Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz. Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Police Chief Prandini, Fire Chief Wax, Assistant Director of Public Works & Engineering Duddles, Director of Community & Economic Development Bartholomew, Director of Information Technology Duebner, Director of Human Resources Earl, Senior Planner Mangum and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: Moved by Haugeberg, seconded by Sayad, to go Exe cu ti ve Session to discuss Personnel. Upon call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. The City Council recessed at 6:17 p.m. The City Council reconvened at 7:18 p.m. into roll Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz. The opening prayer was given by Dr. Nesreen Morris of the Baha'I Community of Des Plaines, followed by the Pledge of Allegiance to the Flag. Mayor Moylan presented John Trivedi, Comfort Inn O'Hare, a Certificate of Recognition from the Asian American Hotel Association for the 2011 Family Hotelier of the Year. PUBLIC HEARING/ SPECIAL SERVICE AREAS 11, 12 & 13: 8/15/11 PAGE TWO MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, AUGUST 15, 2011 CALL TO ORDER: Mayor Moylan called the Public Hearing to order at 7: 22 p. m. The Public Hearing is being held pursuant to legal notice to give citizens the opportunity to comment on the Special Service Areas 11, 12 and 13, 2011 Capital Improvement Program (CIP) Rear Yard Drainage Improvements -Contract B. DISCUSSION: CITIZEN PART. CONSENT AGENDA: Assistant Director of Public Works and Engineering Duddles gave a brief overview. Mayor Moylan asked for comments from the Aldermen and the public. Final action on this matter under Items 5 and 5a on the Consent Agenda this evening. The Public Hearing was adjourned at 7:25 p.m. The City Council reconvened at 7:26 p.m. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that it is time to take stern action on the south side of Des Plaines; close down Apache Park; demolish the existing townhomes. Mr. Mike Elliott, 1678 Campbell Street, addressed the City Council stating that he just got back from Minot, South Carolina; they had to evacuate 13, 000 residents due to river flooding; we need to form a flood commission; we need a long term solution. Ms Ella Bramwell, 100 North River Road, addressed the City Council stating that she is the new Liaison for Holy Family Medical Center; she outlined the services they provide and invited everyone to their Fun Fest on August 20, 2011. Moved by Sayad, seconded by Brookman, to establish a Consent Agenda except for Items 6, 6a, 11 and 1 la. 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, Sayad, Walsten, Wilson, Charewicz NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. CONSENT (Cont'd.) MINUTES: Consent Agenda SPECIAL SERVICE AREAS 11, 12 & 13: Consent Agenda Ordinance M-35-11 M-36-11 M-37-11 8/15/11 PAGE THREE Staff recommendations and requests were approved; Ordinances M-33-11, M-34-11 and Z-24-11 were adopted; Ordinances M-35-11, M-36-11 and M-37-11 were placed on First Reading; and Resolutions R-108-11, R-109-11, R-110-11, R-106-11 and R-114-11 were adopted. Moved by Haugeberg, seconded by Robinson, to approve minutes of the regular meeting of the City Council meeting held August 1, 2011, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Executive Session of the regular meeting of the City Council held August 1, 2011. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to approve minutes of the regular meeting of the City Council held July 19, 2011, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Executive Session of the regular meeting of the City Council held July 19, 2011. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve establishment of Special Service Area 11, 12 and 13 in the City of Des Plaines for Rear Yard Drainage Improvement and authorize Public Works and Engineering to Advertise for Bid the 2011 Capital Improvement Program (CIP) Contract B with a 9:00 a.m. bid opening on September 1, 2011; and place on First Reading Ordinances M-35- 11, AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER ELEVEN IN THE CITY OF DES PLAINES, ILLINOIS (138, 158, 273, 283, 170 AND 180 DRAKE LANE REAR YARD DRAINAGE IMPROVEMENTS); M-36-11, AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER TWELVE IN THE CITY OF DES PLAINES, ILLINOIS (948 AND 956 GREENVIEW AVENUE REAR YARD DRAINAGE IMPROVEMENTS); M-37-11, AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER THIRTEEN IN THE CITY OF DES PLAINES, ILLINOIS, (1318, 1330 AND 1340 PHOENIX DRIVE AND 1325 AND 1335 MIAMI LANE REAR YARD DRAINAGE IMPROVEMENTS). Motion declared carried Consent Agenda. as approved unanimously unde~ HOLIDAY LIGHTING PROGRAM: Resolution R-107-11 O'HARE LAKE PUMPING STATION REPAIRS: Consent Agenda Resolution R-108-11 TREE CONSORTIUM PARTICIPATION: Consent Agenda Resolution R-109-11 8/15/11 PAGE FOUR Moved by Brookman, seconded by Bogusz, to concur with Staff recommendation to award bid for Holiday Lighting Program to Temple Display, Ltd., 114 C. Kirkland Centre, Oswego, Illinois in the total bid amount of $91, 639. 00/TIF #1 Funds (Subsidy: Winter Decoration and Streetscape Supplies (205F-920560, 205F-907222); and further recommend to adopt Resolution R-107-11, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A BID FROM TEMPLE DISPLAY, LTD. FOR HOLIDAY DECORATIONS THROUGHOUT THE DOWNTOWN AREA OF DES PAINES AT A COST NOT TO EXCEED $91, 639. 00. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve repair and reinstall KSB/PNT Storm Water Pump #1 at O'Hare Lakes Pumping Station and approve proposal from Gasvoda & Associates, 1530 Huntington Ori ve, Calumet City, IL 60409, in an amount not to exceed $13,870.00; and further recommend to adopt Resolution R-108-11, A RESOLUTION AUTHORIZING GASVODA & ASSOCIATTES, INC. TO REPAIR AND REINSTALL KSB/PNT STORM WATER PUMP #1 AT O'HARE LAKES PUMPING STATION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to authorize purchase through the West Central Municipal Conference Suburban Tree Consortium, 2000 Fifth Avenue, Building J, River Grove, IL 60171, for the 2012 purchase and planting of trees throughout the City in the total not to exceed amount of $75,000.00; and further recommend to adopt Resolution R-109-11, A RESOLUTION AUTHORIZING THE CONTINUING PARTICIPATION IN THE WEST CENTRAL MUNICIPAL CONFERENCE SUBURBAN TREE CONSORTIUM FOR THE PURCHASE AND PLANTING OF TREES THROUGHOUT THE CITY. Motion declared carried as approved unanimously under Consent Agenda. AGREEMENT/ LEE-PERRY SIGNAL IMPROVEMENTS: Consent Agenda Resolution R-110-11 WATER TANK MAINTENANCE/HO WARD AVE. & MINER ST. TANKS: Consent Agenda Resolution R-106-11 AGREEMENT/ CINGULAR WIRELESS/ 1850 MINER: Resolution R-84-11 8/15/11 PAGE FIVE Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve Local Agency Agreement for Federal Participation with the Illinois Department of Transportation for the signalization of the Lee Street at Perry intersection in the Federal Surface Transportation Program (STP) grant amount of $665, 687. 00 (total cost of the project estimated to be $950, 981. 00, which the STP program provides 70 %, or $ 6 6 5 , 6 8 7 . 0 0 , remaining 3 0 % , or $ 2 8 5 , 2 9 4 by City) ; and further recommend to adopt Resolution R-110-11, A RESOLUTION APPROVING THE EXECUTION OF A LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY OF DES PLAINES FOR THE LEE-PERRY SIGNALIZATION PROJECT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to authorize execution of an amendment to the contract between the City and Utility Service Company, 535 Courtney Hodges Blvd., P.O. Box 1350, Perry, GA 31069 (original Agreements approved as R-37-09 and R-38-09) for the painting and maintenance of the Howard Avenue and Miner Street water tanks; and further recommend to adopt Resolution R-106-11, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND UTILITY SERVICE COMPANY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Robinson, to concur with Staff recommendation to authorize Acting City Manager to execute First Amendment to the Lease Agreement with New Cingular Wireless PCS LLC, 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 (formerly AT&T Wireless PC, Inc.) to install three ( 3) additional antennas, associated cables and related communication equipment on the water tower at 1850 Miner Street and to increase the rent paid by $750.00; and further recommend to adopt Resolution R-84-11, A RESOLUTION AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO LEASE AGREEMENT WITH NEW CINGULAR WIRELESS SERVICES PCS, LLC FOR THE INSTALLATION OF THREE ADDITIONAL ANTENNAS LOCATED ON THE WATER TOWER AT 18 5 0 MINER STREET IN DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. SOFTWARE MAIN. FEE AGREEMENT CHANGE/SUNGARD PUBLIC SECTOR: Resolution R-114-11 ADVERTISING FOR BIDS/ 2011 CIP STREET IMP.: ORDINANCE M-33-11 LIQ. LIC./ HOUSEKEEPING: ORDINANCE M-34-11 CABLE/VIDEO SERVICE PROVIDER FEE: ORDINANCE Z-24-11 WAIVE PROVISION/PARK DISTRICT "FALL FEST": 8/15/11 PAGE SIX Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to authorize a change in the payment schedule with SunGard Public Sector, 1000 Business Center Drive, Lake Mary, FL 32746 (originally approved by Resolution R-121-10) for software maintenance and helpdesk support for Finance Plus and Community Plus in an amount not to exceed $5, 089. 84 per month; and further recommend to adopt Resolution R-114-11, A RESOLUTION AUTHORIZING A CHANGE IN THE PAYMENT SCHEDULE WITH SUNGARD PUBLIC SECTOR, INC. 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 2011 CIP Street Improvements, MFT 11-00216-00-RS, returnable by 9: 00 a.m., September 1, 2011. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to adopt Ordinance M-33-11, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS, /1 CHAPTER 4, "INTOXICATING LIQUORS' II SECTION 5' "LICENSE FEES AND NUMBER, II OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to adopt Ordinance M-34-11, AN ORDINANCE ADOPTING A CABLE/VIDEO SERVICE PROVIDER FEE IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to adopt Ordinance Z-24-11, AN ORDINANCE EXPRESSLY WAIVING THE PROVISIONS OF SECTION 8 .11-3 OF THE ZONING CODE AND AUTHORIZING A THREE DAY CARNIVAL ON THE GROUNDS OF LAKE PARK ON LEE STREET BETWEEN HOWARD AVENUE AND TOUHY AVENUE IN DES PLAINES FROM SEPTEMBER 16, 2011 THROUGH SEPTEMBER 18, 2011. 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 WARRANT REGISTER: CONDITIONAL USE/1416 S. RIVER ROAD: HOME GENERATOR REBATE PROGRAM: 8/15/11 PAGE SEVEN FINANCE & ADMINISTRATION -Alderman Bogusz, Chair Moved by Sayad, seconded by Haugeberg, to recommend to the City Council approval of the August 15, 2011 - Warrant Register, in the total amount of $3,526,265.38; and further recommend that Resolution R-111-11 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Haugeberg, Chari Senior Planner Mangum reviewed his memo of August 5, 2011 regarding the recommended denial of a Conditional Use Permit for a Place of Worship at 1416 S. Des Plaines River Road in R-1 Residential District Moved by Sayad, seconded by Robinson, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff and recommend to the City Council, re Zoning Case 11-005-CU, to DENY request for a Conditional Use, with conditions, to permit a Place of Worship in R-1 Residential District on property located at 1416 S. Des Plaines River Road. Motion declared carried. ENGINEERING -Alderman Sayad, Chair Alderman Sayad reviewed Director of Public Works and Engineering Oakley's memo of July 29, 2011 regarding the home generator rebate program that would help subsidize the purchase of generators by residents to be used during periods of power outages; the Engineering Committee met on July 27, 2011 to review guidelines for the program. Moved by Sayad, seconded by Haugeberg, to concur with recommendation of the Engineering Committee and Staff and recommend to the City Council approval of the Home Generator Rebate Program; amend the program start to be retroactive to June 1, 2011 and Resolution R-112-11 be adopted as AMENDED, at appropriate time this evening. Motion declared carried. Acting City Manager Slowinski stated that it will be difficult to monitor the retroactive portion of the program; it is an unknown factor for budgeting purposes. GENERATOR (Cont'd.) 8/15/11 PAGE EIGHT Alderman Charewicz stated budget is not enough; included; wants to see that the $15,000 in the are commercial businesses the 30 day permit process extended to 90 days. Alderman Wilson stated that $15, 000 will only cover 60 residents; limit the rebate to one per household. Alderman Walsten stated that he is against the program; he should not have to supplement his neighbors; he is against using taxpayer money to buy appliances for residents; think about giving the rebate to the neediest residents; this is fiscally irresponsible; this program is flawed. Mayor Moylan stated that this is a commitment we have made to our residents for power outages and flooding; there are many reasons for power outages; he agrees with the Engineering Committee. Alderman Brookman stated that the program should be started, but it needs to be refined; maybe seniors should receive priority; he agrees with making the program retroactive to June 1st; priority should be given to areas that consistently experience power outages. Alderman Sayad amended his motion and Alderman Haugeberg agreed as the second to extend the permit deadline to 90 days; a UPC code not be required for the residents who purchased generators during the retroactive period; program to begin August 22nd; City Manager to create a defined set of rules. Ms. Susan Czach, 1669 Illinois Street, addressed the Committee of the Whole stating that residents need to be reimbursed; she's had five power outages in the last year and a half; she does not want her basement flooded. Mr. John Milstead, 2515 Church Street, addressed the Committee of the Whole stating that residents also lose power in the winter. Moved by Brookman, seconded by Wilson, to refer back to Staff the approval of the Horne Generator Rebate Program and Resolution R-112-11. Motion declared carried. Aldermen Robinson and Walsten voted no. WARRANT REGISTER: Resolution R-111-11 CONDITIONAL USE/1416 S. RIVER ROAD: HOME GENERATOR REBATE PROGRAM: Resolution R-112-11 8/15/11 PAGE NINE MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Bogusz, seconded by Walsten, to concur with recommendation of committee of the Whole to adopt Resolution R-111-11, 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: $3,526,265.38. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Haugeberg, seconded by Robinson, to concur with recommendation of Committee of the Whole, re Zoning Case 11-005-CU, to DENY request for a Conditional Use, with conditions, to permit a Place of Worship in R-1 Residential District on property located at 1416 S. Des Plaines River Road. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to refer back to Staff the approval of the Home Generator Rebate Program and Resolution R-112-11. Motion declared carried. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Wilson, Charewicz NAYS: 1-Walsten ABSENT: 0-None Motion declared carried. WAIVE PERMIT FEE FOR FLOOD-RELATED DAMAGE: Resolution R-113-11 ADJOURNMENT: 8/15/11 PAGE TEN Moved by Haugeberg, seconded by Sayad, to concur with Staff recommendation to waive permit fees for flood damage repairs and improvements as a result of the July 23, 2011 flood event; and further recommend to adopt Resolution R-113-11, A RESOLUTION AUTHORIZING THE WAIVER OF FLOOD-RELATED BUILDING PERMIT FEES. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by seconded by Brookman, that the APPROVED BY ME THIS DAY OF ~ , 2011 ~ylan, MAYOR adjourn. Motion t 9:15 p.m.