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11/05/2012MINUTES 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, NOVEMBER 5, 2012 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: 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, November 5, 2012. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson and Charewicz. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Police Chief Kushner, Fire Chief Wax, Director of Community & Economic Development Dambach, Director of Human Resources Earl, Director of Public Works and Engineering Oakley, General Counsel Friedman and Attorney Stewart Weiss. EXECUTIVE Moved by Sayad, seconded by Haugeberg, to go into Executive Session to SESSION: discuss Litigation Update /Potential Litigation, Land Acquisition, Collective Bargaining and Personnel. Motion passed unanimously without objection. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:05 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson and Charewicz. PRAYER AND The opening prayer was given by Captain David Martinez of the Salvation PLEDGE: Army, followed by the Pledge of Allegiance to the Flag. PRESENTATION: Mayor Moylan acknowledged the hard work of Director of Finance, Dorothy Wisniewski, and the employees of the Finance Department on the City's receipt of the Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada. CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that PARTICIPATION: according to television commercials, we are having an election tomorrow; according to a Yahoo news report, this year's election will be the closest election in 76 years; just like Sesame Street, if you don't vote tomorrow, you are for the birds. Mr. John Graziadei, 1050 Wicker, addressed the City Council stating that it has been three years since he went to the county regarding the coordination of stop lights on Algonquin and Lee Street to coordinate with the light on Oakton and Lee Street; they refused; the Council will do nothing; can't we get relief on that and work with City Engineer so we can exit Forest without a problem ?; 1 Page 2 of 8 11/5/12 CITIZEN Grazie's restaurant was sold and wants to become a church; we lose taxes and PARTICIPATION: the bank is the winner. (Cont'd) Mayor Moylan referred Mr. Graziadei's questions to Director of Public Works and Engineering Oakley. Police Chief Kushner addressed the City Council expressing a resident's concerns about gang activity and increased graffiti in the City. CONSENT Motion by Bogusz, seconded by Haugeberg, to establish the Consent Agenda. AGENDA Motion declared carried. Motion by Haugeberg, seconded by Brookman, to approve Consent Agenda. 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. Minutes were approved; Staff recommendations and requests were approved; Resolutions R- 126 -12, R- 127 -12, R- 128 -12, R- 131 -12, R- 132 -12, R- 133 -12, R- 134-12, R- 135 -12, and R- 137 -12 were adopted. MINUTES: Moved by Haugeberg, seconded by Brookman, to approve minutes of the Consent Regular Meeting of the City Council held October 1, 2012, as published. Agenda Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Brookman, to approve minutes of the Regular Meeting of the City Council held October 15, 2012, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Brookman, to approve minutes of the Special Meeting of the City Council held October 17, 2012 (2013 Budget Hearing), as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Brookman, to approve minutes of the Special Meeting of the City Council held October 18, 2012 (2013 Budget Hearing), as published. Motion declared carried as approved unanimously under Consent Agenda. COMMUNITY Moved by Haugeberg, seconded by Brookman, to concur with Staff GARAGE SALE recommendation to approve 1 DATES: 2013, Garage Sales as follows: 2014, 2015 FOR 60016 AND 60018: Zip Code 60016 Consent May 17 -19, 2013 Agenda May 23 -25, 2014 May 15-17,2015 :he following dates for the next three Community Zip Code 60018 May 24 -26, 2013 May 16-18,2014 May 22 -24, 2015 Page 3 of 8 11/5/12 Resolution ; and further adopt Resolution R- 126 -12, A RESOLUTION SETTING THE R- 126 -12 DATES FOR THE ANNUAL COMMUNITY GARAGE SALE FOR THE NEXT THREE YEARS AND AUTHORIZING THE CITY OF DES PLAINES TO WAIVE THE INDIVIDUAL PERMIT FEES FOR EACH RESIDENCE THAT PARTICIPATES IN THE ANNUAL COMMUNITY GARAGE SALE. Motion declared carried as approved unanimously under Consent Agenda. MICROSOFT Moved by Haugeberg, seconded by Brookman, to concur with Staff AGR. FOR 2012, recommendation to approve the purchase of a 3 -year Microsoft Enterprise 2013.,2014 Agreement, inclusive of Core CAL and Servers, for desktop and client access Consent licenses with a 3 -year renewal option for $130,791.09 in three annual Agenda installments of $43,597.03 each (2012 Budget); and further recommend to adopt Resolution R- 127 -12, A RESOLUTION AUTHORIZING THE Resolution EXECUTION OF A DCEO GRANT AGREEMENT FROM THE STATE OF R- 127 -12 ILLINOIS, DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY. Motion declared carried as approved unanimously under Consent Agenda. WAIVE RIGHT Moved by Haugeberg, seconded by Brookman, to concur with Staff OF FIRST recommendation to waive the City's right of first refusal for a 1998 Chevy REFUSAL/ Astro Van from the Des Plaines Public Library; and further recommend to LIBRARY/ adopt Resolution R- 128 -12, A RESOLUTION WAIVING THE CITY'S 1998 VAN: RIGHT TO PURCHASE PUBLIC PERSONAL PROPERTY THAT WAS Consent DEEMED NO LONGER NECESSARY TO THE DES PLAINES PUBLIC Agenda LIBRARY BOARD OF TRUSTEES. Motion declared carried as approved unanimously under Consent Agenda. Resolution R- 128 -12 ACCEPTANCE OF Moved by Haugeberg, seconded by Brookman, to concur with Staff PUBLIC recommendation to approve the reduction of the cash surety bond posted by IMPROVEMENTS Ampol Builders, Inc., (original cash bond in the amount of $17,787.00 for /2147 -2151 public improvements: rear yard storm sewer and public sidewalk in SPRUCEWOOD Sprucewood Court Subdivision, 2147 -2151 Sprucewood Avenue), in the AVE.: amount of $16,009.00, retaining the required 10- percent cash warranty in the Consent amount of $1,778.00 to be held for the standard 18 months and then released Agenda providing all the public improvements remain in good working condition; and further recommend to adopt Resolution R- 131 -12, A RESOLUTION Resolution ACCEPTING THE PUBLIC IMPROVEMENTS FOR SPRUCEWOOD R- 131 -12 COURT SUBDIVISION LOCATED AT 2147 -2151 SPRUCEWOOD AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. 2012 CDBG Moved by Haugeberg, seconded by Brookman, to concur with Staff GRANTEE recommendation to approve the PY2012 Community Development Block Grant SUBRECIPIENT (CDBG) Subrecipient contracts with the following agencies and public services CONTRACTS: offered: Consent (,I�j- Page 4 of 8 11/5/12 Agenda Name of Aeencv Public Service Offered CEDA Northwest Child Care Assistance Program Resolution CEDA Northwest Senior Employment Program CEDA Northwest R- 132 -12 Fair Housing Program The Harbour, Inc. Safe Harbor Homeless Youth Program Center of Concern Shared Housing Program Women in Need Transitional Housing & Safe House Program Growing Stronger (W.I.N.G.S.) CEDA Northwest Transitional Housing Counseling North West Housing Home Repair Program Partnership (NWHP) First Time Home Buyer Program Center for Concern Homeless Prevention Program CEDA Northwest Rental Assistance Program ; and further recommend to adopt Resolution R- 132 -12, A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS BETWEEN THE CITY OF DES PLAINES AND VARIOUS NOT - FOR - PROFIT AGENCIES FOR THEIR ASSISTANCE IN ADMINISTERING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. ACCEPT Moved by Haugeberg, seconded by Brookman, to concur with Staff PROPOSAL/ 2013 recommendation to approve the proposal from Haeger Engineering, 1304 North TOPOGRAPHIC Plum Grove Road, Schaumburg, Illinois 60173 in the amount of $27,489.70 SERVICES: (Proposal price - $19,842.20 plus topographic surveying and drafting services - Consent $7,647.50) — (Capital Projects Fund); and further recommend to adopt Agenda Resolution R- 133 -12, A RESOLUTION ACCEPTING THE PROPOSAL FROM HAEGER ENGINEERING, LLC FOR TOPOGRAPHICAL Resolution SURVEYING AND DRAFTING SERVICES AS PART OF THE 2013 R- 133 -12 CAPITAL IMPROVEMENT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. PURCHASE/ Moved by Haugeberg, seconded by Brookman, to concur with Staff POLICE DEPT./ recommendation to approve the purchase of five (5) M.U.S.T. portable Ballistic BALLISTIC Shields and Cases from Uniform Den East, 5803 North Second Street, Loves SHIELDS: Park, Illinois 61111, in the amount of $10,056.40 (Asset Forfeiture Funds); and Consent further to recommend to adopt Resolution R- 134 -12, A RESOLUTION Agenda AUTHORIZING THE PURCHASE OF FIVE M.U.S.T. SHIELDS AND CASES FROM UNIFROM DEN EAST, INC. Motion declared carried as Resolution approved unanimously under Consent Agenda. R- 134 -12 CONTRACT Moved by Haugeberg, seconded by Brookman, to concur with Staff AMENDMENT/ recommendation to approve the Contract Amendment for the Design DESIGN ENG. Engineering Agreement for additional design services for the TIF #1 Downtown AGR. /TIF #1: Streetscape Master Plan along the Miner Street corridor from Christopher B. Consent Burke Engineering, Ltd. (CBBEL), 9575 West Higgins Road, Suite 600, Agenda Rosemont, Illinois 60018 in the amount of $35,700.00 (TIF #1 Fund); and further recommend to adopt Resolution R- 135 -12, A RESOLUTION Resolution ACCEPTING A DESIGN ENGINEERING AGREEMENT FROM ME Page 5 of 8 11/5/12 R- 135 -12 CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR ADDITIONAL DESIGN SERVICES FOR THE TIF #1 DOWNTOWN STREETSCAPE MASTER PLAN ALONG THE MINER STREET CORRIDOR. Motion declared carried as approved unanimously under Consent Agenda. ACCEPT PUBLIC Moved by Haugeberg, seconded by Brookman, to concur with Staff IMPROVEMENTS recommendation to accept Public Improvements and Release Surety for River /RELEASE Plaines, LLC Planned Unit Development (Everleigh Condominiums) at 1646 SURETY/ River Street (return $144,875.00 in surety to River Plaines, LLC and the 1646 RIVER ST.: $7,500.00 maintenance surety will be released upon satisfactory inspection of Consent the landscaping items after 10 months have elapsed); and further recommend to Agenda adopt Resolution R- 137 -12, A RESOLUTION APPROVING REDUCTION OF PUBLIC IMPROVEMENT SURETY FOR RIVER PLAINES, LLC Resolution PLANNED UNIT DEVELOPMENT LOCATED AT 1646 RIVER STREET, R- 137 -12 DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISE Moved by Haugeberg, seconded by Brookman, to concur with Staff BIDS/ recommendation to authorize the City Clerk to advertise for bid for the 2013 2013 CURBSIDE Curbside Calendar, with a bid opening of Monday, November 12, 2012 at 2:00 CALENDAR: p.m. Motion declared carried as approved unanimously under Consent Agenda. Consent Agenda APPROVE LIO. Moved by Haugeberg, seconded by Brookman, to concur with Staff LIC. CHANGE OF recommendation to approve Liquor License Change of Ownership for Grace OWNERSHIP/ Avenue LLC, d/b /a Joey's Liquors, 1505 East Oakton Street, Classification B. 1505 EAST Bulk Sales Dealers License. Motion declared carried as approved unanimously OAKTON under Consent Agenda. ST. /CLASS B: Consent Agenda COMMISSION COMMISSION APPOINTMENT: APPOINTMENT: Presented for your consideration — NO ACTION REQUIRED: CONSUMER PROTECTION COMMISSION - APPOINTMENT Richard Morgan — Term to Expire 08/30/15 MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Bogusz, Chair WARRANT Moved by Haugeberg, seconded by Robinson to recommend to the City REGISTER: Council approval of the November 5, 2012 — Warrant Register, in the total amount of $3,732,539.54; and further recommend that Resolution R- 129 -12 be Page 6 of 8 11/5/12 adopted at appropriate time this evening. Motion declared carried. Alderman Sayad did not agree to approve the November 5, 2012 Warrant Register due to the expense listed on Page 2 under Account 5320 to New World Systems Corporation in the amount of $795.00 for the Logos 2012 Conference. Director of Finance Wisniewski answered questions from the Aldermen. 2012 PROPOSED Alderman Bogusz stated that Resolution R- 136 -12 regarding the 2012 Property PROPERTY TAX Tax Resolution and Legal Notice for publication to hold the public hearing on LEVY HEARING: the 2012 estimated property tax levy for Monday, November 19, 2012, at 7:00 p.m. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that it would be appropriate to let the residents know the proposed dollar amount of the Tax Levy. Director of Finance Wisniewski stated that the proposed 2012 Tax Levy, excluding the Library's tax levy, is $23,083,150.00. Including the Library tax levy, the 2012 proposed Levy is $29,346,860.00. Mr. Burkross stated that this amount is nearly to the penny of what was asked for last year; last year we were still able to increase the General Fund by under $4 million; since we have a solid plan on how we are decreasing our overall debt, why are we not entertaining cutting what we are asking for in this levy?; the budget has been done carefully; we seem to end up with a surplus; why not give back a modest decrease to the residents of at least 10 percent this year? Alderman Bogusz directed the Director of Finance to make the information regarding the tax levy available to Mr. Burkross and post it on the City's website. Mr. Burkross suggested that relief be offered to the residents starting with this levy. Moved by Sayad, seconded by Brookman, to recommend to the City Council approval of Resolution R- 136 -12 to be adopted at appropriate time this evening. COMMUNITY DEVELOPMENT — Alderman Haugeberg, Chair FINAL PLAT OF Director of Community & Economic Development Dambach reviewed the RESUBDIVISION/ Memorandum dated October 15, 2012 by Senior Planner Mangum regarding the 1141 EVERETT Final Plat of Resubdivision for Piotr Dabrowski's Second Addition Subdivision AVE.: to create two lots at 1141 Everett Avenue, Case #12- 010 -SUB. Director of Community & Economic Development Dambach answered questions from the Aldermen.�� Page 7 of 8 11/5/12 1141 EVERETT Petitioner Andrzej Bednarczyk, 12 S 355 Lemont Road, Lemont, Illinois AVE.: addressed the Committee of the Whole and answered questions from the (Cont'd) Aldermen. Moved by Brookman, seconded by Wilson, to table this matter to the November 19, 2012 Council meeting. Aldermen Bogusz, Brookman, Walsten and Wilson agreed. Aldermen Haugeberg, Robinson, Sayad and Charewicz did not agree. Motion declared FAILED Moved by Sayad, seconded by Robinson, to recommend to the City Council approval of Resolution R- 130 -12 to be adopted at appropriate time this evening. Aldermen Haugeberg, Robinson, Sayad, Wilson and Charewicz agreed. Aldermen Bogusz, Brookman and Walsten did not agree. Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. WARRANT Moved by Bogusz, seconded by Haugeberg, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R- 129 -12, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE Resolution FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE R- 129 -12 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,732,539.54. Upon roll call, the vote was: AYES: 7- Haugeberg, Robinson, Bogusz Brookman, Walsten, Wilson, Charewicz NAYS: 1 -Sayad ABSENT: 0 -None Motion declared carried. Alderman Sayad voted Nay to approve the November 5, 2012 Warrant Register due to the expense listed on Page 2 under Account 5320 to New World Systems Corporation in the amount of $795.00 for the Logos 2012 Conference. 2012 PROPOSED Moved by Bogusz, seconded by Charewicz, to concur with recommendation of PROPERTY TAX Committee of the Whole to adopt Resolution R- 136 -12, A RESOLUTION OF LEVY HEARING: THE CITY COUNCIL TO NOTIFY THE PUBLIC THAT IT INTENDS TO HAVE A 2012 PROPERTY TAX LEVY. Upon roll call, the vote was: Resolution AYES: 8- Haugeberg, Robinson, Bogusz, Sayad R- 136 -12 Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. FINAL PLAT OF Moved by Haugeberg, seconded by Robinson, to concur with recommendation RESUBDIVISION/ of Committee of the Whole to adopt Resolution R- 130 -12, A RESOLUTION 1141 EVERETT APPROVING THE FINAL PLAT FOR PIOTR DABROWSKI'S SECOND hi� Page 8 of 8 11/5/12 AVE.: ADDITION SUBDIVISION LOCATED AT 1141 EVERETT AVENUE, DES PLAINES, ILLINOIS (Case #12- 010 -SUB). Upon roll call, the vote was: Resolution AYES: 5- Haugeberg, Robinson, Sayad R- 130 -12 Wilson, Charewicz NAYS: 3- Bogusz, Brookman, Walsten ABSENT: 0 -None Motion declared carried. Moved by Robinson, seconded by Haugeberg, for Staff to: (1) prepare a policy for Council's consideration to reduce utility bill charges that are directly related to slow or stopped remote water meters; and (2) present and prepare a recommendation for the Water Meter Replacement Program both of which are to be placed on the next Council agenda for full Council review or at the Public Works Committee meeting if it comes before the next Council meeting. Motion declared carried. ADJOURNMENT: Moved by Walsten, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:06 p.m. Gloria J. Ludwig — Cl CLERK APPROVED BY ME THIS �)dtab