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10-17-2011CALL 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, OCTOBER 17, 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 6:15 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, October 17, 2011. Roll call indicated the following Aldermen present: Sayad, Brookman, W alsten, Wilson and Charewicz. arrived at 6:25 p.m. Mayor Moylan arrived at 7:00 p.m. Haugeberg, Bogusz, Alderman Robinson 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 of Information Technology Duebner and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: CONSENT AGENDA: City Clerk Ludwig announced that Mayor Moylan would arrive later this evening and asked for a motion to elect a Mayor Pro Tern. Moved by Brookman, seconded by Charewicz, to elect Alderman W alsten as Mayor Pro Tern. Motion declared carried. Mayor Pro Tern Walsten requested a motion to adjourn to Executive Session. Moved by Wilson, seconded by Haugeberg, to go into Executive Session to discuss Collective Bargaining. Motion passed unanimously. There were no objections. The City Council recessed at 6:16 p.m. The City Council reconvened at 7:03 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson and Charewicz. The opening prayer was given by Lieutenant David Martinez of the Salvation Army, followed by the Pledge of Allegiance to the Flag. Alderman Wilson requested that Items 6 and 6a be removed from the Consent Agenda. Motion by Sayad, seconded by Haugeberg, to establish the Consent Agenda except for Items 6 and 6a. Motion declared carried. Motion by Robinson, seconded by Haugeberg, to approve Consent Agenda. Upon roll call, the vote was: CONSENT AGENDA: (Cont'd) MINUTES: Consent Agenda WAIVE RIGHT OF FIRST REFUSAL/ LIBRARY SURPLUS: Consent Agenda Resolution R-123-11 BID AWARD/ ELECTRIC POWER GENERATOR/ FIRE STATION TW0/1313 OAKTONST.: Consent Agenda Resolution R-136-11 PURCHASE/ FIRE FIGHTING GEAR: Consent Agenda Resolution Page 2 of 7 A YES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. 10/17/11 Minutes were approved; Staff recommendations and requests were approved; Ordinance M-41-11 was adopted; Resolutions R-123-11, R-136-11, R-140-11 and R-142-11 were adopted. Moved by Robinson, seconded by Haugeberg, to approve minutes of the Regular Meeting of the City Council held October 3, 2011, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Haugeberg, to approve minutes of the Executive Session of the City Council held October 3, 2011. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Haugeberg, to concur with Staff recommendation to waive the right of first refusal of items listed in Exhibit A of Resolution R-123-11, except for twelve (12) Dell Optiplex 745 computers which would be useful to the City; and further recommend to adopt Resolution R-123-11, A RESOLUTION AUTHORIZING THE RIGHT OF 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. Moved by Robinson, seconded by Haugeberg, to concur with Staff recommendation to award the bid for the purchase of one (1) 85kW Generator Set for Fire Station Two, 1313 Oakton Street, to the lowest responsible bidder, Cummins NPower LLC, 7145 Santa Fe Drive, Hodgkins, Illinois 60525, in the total amount of $28,663.00 (FDERF Budgeted Funds); and further recommend to adopt Resolution R-136-11, A RESOLUTION AUTHORIZING THE PURCHASE OF ONE 85Kw GENERATOR SET FOR FIRE STATION TWO FROM CUMMINS NPOWER, LLC IN AN AMOUNT NOT TO EXCEED $28,663.00. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Haugeberg, to concur with Staff recommendation that, in the best interest of the City, usual bid procedures be waived and the City accept the quote of $35,785.00 (FDERF Budgeted Funds), plus shipping, for the purchase of seventeen (17) sets of replacement turnout gear from the W.S. Darley Company, 325 Spring Lake Drive, Itasca, Illinois 60143; and further recommend to adopt Resolution R-140-11, A RESOLUTION AUTHORIZING THE PURCHASE OF SEVENTEEN SETS J~i- R-140-11 Page 3 of 7 10/17/11 OF REPLACEMENT TURNOUT GEAR FOR THE FIRE DEPARTMENT FROM W.S. DARLEY COMPANY AT A TOTAL COST OF $36,100.00. Motion declared carried as approved unanimously under Consent Agenda. FILMING PUBLIC Alderman Wilson requested that this item be removed from the Consent SVC. ANNMNT./ Agenda. POLICE DEPT.: Resolution R-141-11 LOBBYIST SVCS: Consent Agenda Resolution R-142-11 ORDINANCE M-41-11 NEW CLASS A LIQ. LIC./ 643-647 NORTH WOLF RD.: Consent Agenda Police Chief Prandini gave an explanation of the public service announcement which featured the Police Department's Senior Citizens Police Academy, and presented the PSA to the Council and audience. Moved by Wilson, seconded by Charewicz, to concur with Staff recommendation to approve payment of filming services provided by W ebsedge Ltd., 9-11 Grosvenor Gardens, Victoria, London, SWl W OBD, United Kingdom in the amount of $19,500.00 (Federal Asset Forfeiture Funds); and further recommend to adopt Resolution R-141-11, A RESOLUTION AUTHORIZING PAYMENT TO WEBSEDGE, LTD. FOR FILMING A PUBLIC SERVICE ANNOUNCEMENT FOR THE POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $19,500.00. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Robinson, seconded by Haugeberg, to concur with Staff recommendation that the City retain the services of Government Consulting Services of Illinois, LLC, Three First National Plaza, 70 West Madison Street, Suite 1600, Chicago, Illinois 60602 in the amount of $1,000.00 per month for the period beginning October 16, 2011 through October 15, 2012; and further recommend to adopt Resolution R-142-11, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN GOVERNMENT CONSULTING SERVICES OF ILLINOIS, LLC AND THE CITY OF DES PLAINES FOR LOBBYIST SERVICES FOR THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Haugeberg, to adopt Ordinance M-41-11, 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 A LIQUOR LICENSE FOR JESUS ROSALES FAMILY CORPORATION D/B/A CASA AZTECA LOCATED AT 643-647 NORTH WOLF ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Page 4 of 7 10/17/11 APPOINTMENTS: Being presented for consideration (no action required) are the following Mayoral appointments: WARRANT REGISTER: REQUEST FOR 6b/2001 N. MT. PROSPECT RD.: COND. USE/ 111-121 RAWLS ROAD: CONSUMER PROTECTION COMMISSION Susan Czach-Term to Expire 08/30/14 ZONING BOARD OF APPEALS Richard Schell -Term to Expire 04/30/13 Ms. Czach addressed the City Council stating her qualifications for appointment to the Consumer Protection Commission. Mr. Schell addressed the City Council stating his qualifications for appointment to the Zoning Board of Appeals. MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Bogusz, Chair Moved by Haugeberg, seconded by Robinson, to recommend to the City Council approval of the October 17, 2011 -Warrant Register, in the total amount of $3,236,655.35; and further recommend that Resolution R-137-11 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Haugeberg, Chair Director of Community & Economic Development Bartholomew reviewed his Memorandum of September 16, 2011 regarding a request by Cobalt Industrial REIT (REIT), 2001 North Mount Prospect Road, for a municipal resolution expressly stating that the City supports and consents to their filing of a Class 6b application, as required by the Cook County Assessor's Office. Petitioner Liston addressed the Committee of the Whole answering questions from the aldermen. Moved by W alsten, seconded by Charewicz, to recommend to the City Council, based on the recommendation of the Economic Development Commission on September 14, 2011, to adopt Resolution R-133-11 to support and consent for REIT's Class 6b application to the Cook County Assessor's Office at appropriate time this evening. Motion declared carried. Senior Planner Mangum reviewed his Memorandum of September 28, 2011, for a Conditional Use Permit requested by Petitioner, Play Ball USA, for operation of a Commercial Indoor Recreation use at 111-121 Rawls Road, Case # 11-044- m l~ 111-121 RAWLS ROAD: (Cont'd) 1225 SOUTH THIRD AVE.: ORDINANCE Z-31-11 WARRANT REGISTER: Resolution R-137-11 REQUEST FOR 6b/2001 N. MT. PROSPECT RD.: Page 5 of 7 10/17/11 Petitioner must meet the following condition: 1. Prior to issuance of the Conditional Use Permit, the Petitioner shall submit a legal agreement approved by the City Attorney guaranteeing that 20 parking spaces on the north lot at 90 Rawls Road shall be maintained for use by Play Ball USA, or its successors, or assigns, so long as the Commercial Indoor Recreation use is in existence or unless the required parking is provided elsewhere in accordance with the Zoning Ordinance. The instrument shall also be recorded by the City at the expense of the property owner with the County Recorder's office. Moved by Bogusz, seconded by Brookman, to recommend to the City Council to place on First Reading Ordinance Z-30-11 at appropriate time this evening. Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Haugeberg, seconded by Bogusz, to place on First Reading Ordinance Z-31-11, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.1-1 C. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO AUTHORIZE THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (GARAGE) THAT IS TALLER THAN THE PRIMARY STRUCTURE (HOUSE) AT 1225 S. THIRD AVENUE, DES PLAINES, ILLINOIS. (CASE #11-042-V). Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Charewicz NAYS: I-Wilson ABSENT: 0-None Motion declared carried. Moved by Bogusz, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to adopt Resolution R-137-11, 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, AS AMENDED. Total: $3,236,655.35. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, 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 to adopt Resolution R-133-11, A RESOLUTION AUTHORIZING 6(b) CLASSIFICATION FOR REAL PROPERTY WITH COOK COUNTY REAL ESTATE TAX INDEX NUMBER 09-30-300-058- fo»i Resolution R-133-11 COND. USE/ 111-121 RAWLS ROAD: Ordinance Z-30-11 ORDINANCE Z-31-11 1225 SOUTH THIRD AVE.: ORDINANCE Z-30-11 COND. USE/ 111-121 RAWLS ROAD: Page 6 of 7 10/17/11 0000, LOCATED AT 2001 N. MOUNT PROSPECT ROAD IN DES PLAINES, ILLINOIS, PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE. 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 to place on First Reading Ordinance Z-30-11, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.4-5 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW THE OPERATION OF A COMMERCIAL INDOOR RECREATION USE AT 111-121 RAWLS ROAD, DES PLAINES, ILLINOIS (CASE #11-044-CU). Motion declared carried. Moved by Bogusz, seconded by Haugeberg, to advance to Second Reading and adopt Ordinance Z-31-11, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.1-1 C. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO AUTHORIZE THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (GARAGE) THAT IS TALLER THAN THE PRIMARY STRUCTURE (HOUSE) AT 1225 S. THIRD AVENUE, DES PLAINES, ILLINOIS. (CASE #11-042-V). Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Charewicz NAYS: 1-Wilson ABSENT: 0-None Motion declared carried. Moved by Brookman, seconded by Sayad, to place on Second Reading and adopt Ordinance Z-30-11, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.4-5 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW THE OPERATION OF A COMMERCIAL INDOOR RECREATION USE AT 111-121 RAWLS ROAD, DES PLAINES, ILLINOIS (CASE #11-044-CU). Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. ADJOURNMENT: Moved by Haugeberg, seconded by Walsten, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 7:49 p.m. Jt Page 7 of 7 10/17/11