12/17/2012MINUTES 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, DECEMBER 17, 2012
CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was
ORDER: 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,
December 17, 2012.
ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Sayad, Brookman, Walsten, and Wilson. Aldermen Bogusz and Charewicz
arrived at 6:02 p.m. Mayor Moylan was absent.
Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Police Chief
Kushner, Fire Chief Wax, Director of Public Works and Engineering Oakley, Director of Community
& Economic Development Dambach, Associate Planner Yu, Director of Human Resources Earl and
General Counsel Friedman and Weiss.
City Clerk Ludwig announced that Mayor Moylan is temporarily absent from
tonight's meeting and requested a motion to appoint a Mayor Pro Tem for this
meeting only.
Moved by Haugeberg, seconded by Charewicz, to elect Alderman Wilson as
Mayor Pro Tem. Voice Vote — All Ayes. Motion declared carried.
Mayor Pro Tem Wilson requested a motion to adjourn to Executive Session.
EXECUTIVE Moved by Haugeberg, seconded by Robinson, to go into Executive Session to
SESSION: discuss Collective Bargaining. Motion passed unanimously. There were no
objections.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:00 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 The Reverend Gregory Barrette of the Unity
PLEDGE: Northwest Church, followed by the Pledge of Allegiance.
RECOGNITION/ Police Chief Kushner acknowledged the achievements and presented the
POLICE DEPT. following officers who have been promoted within the Police Department to be
PROMOTIONS: sworn in: Nicholas Treantafeles from Commander to Deputy Chief, Support
Services; Randy Akin from Sergeant to Commander, Investigations; and Jeffrey
Jacoby, from Detective to Sergeant. City Clerk Ludwig administered the Oath
of Office to these employees. ��
Page 2 of 9
12/17/12
PUBLIC MINUTES OF THE PUBLIC BEARING HELD IN THE
HEARING /2011 ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
CDBG CAPER DES PLAINES CIVIC CENTER, MONDAY, DECEMBER
REPORT: 17, 2012
Mayor Pro Tern Wilson called the Public Hearing to order at 7:07 p.m. The
Public Hearing was being held pursuant to legal notice to give citizens the
opportunity to comment on the City's Consolidated Annual Performance &
Evaluation Report (CAPER) for Program Year 2011, detailing the City's use of
Community Development Block Grant (CDBG) Funds, beginning October 1,
2011 and ending September 30, 2012.
DISCUSSION: Director of Community & Economic Development Dambach and Associate
Planner Yu presented the Program Year 2011 Consolidated Annual
Performance & Evaluation Report (CAPER) which indicates how the public
service, housing and public facility programs performed in respect to the goals
established in the PY2011 Annual Action Plan. Social demographic data is
also illustrated to ensure that the Community Development Block Grant
(CDBG) program is efficiently working for residents most in need. To save on
the use of City resources, the actual CAPER document is available online only.
The period for Public Comment was from November 30, 2012 through
December 17, 2012. No public comments were received. Staff recommends
that it be adopted by the City Council after the public hearing to be submitted
to HUD by December 30, 2012.
There will be final action on this matter under Items 6 and 6a on the Consent
Agenda later in the evening.
There were no comments or questions from the aldermen or residents.
The Public Hearing was adjourned at 7:08 p.m.
The City Council reconvened at 7:09 p.m.
CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council
PART.: congratulating the Police personnel promoted; he wished Mayor Moylan well
during his recuperation from knee surgery; he suggested that as a Home Rule
community Des Plaines should have stricter gun control laws than the State; he
suggested that the City work with the Park District, Community College,
Elementary and High School Boards to come up with a way to restrict guns; he
suggested that this be done right away.
Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council on behalf
of a close friend, Mary Rohde, stating that one of her dear friends fell ill and
went into cardiac arrest; Ms. Rohde wanted to express her appreciation to the
City Council members and others who have reached out to her and her friend in
response to the emergency; the Fire Department did an excellent job and is one
of the best immediate response divisions he has seen.
Page 3 of 9 12/17/12
CITIZEN Mr. Matthew LaPierre, Representative of the American Federation of State
PART.: County Municipal Employees on behalf of the employees of the City of Des
(Cont'd) Plaines, addressed the City Council stating that he wanted to speak on one of
the items on the Consent Agenda. It was the consensus of the City Council that
Mr. LaPierre will be allowed to speak during discussion of Items 7 and 7a listed
on the Consent Agenda.
Mr. Larry Arkus, representing his father who lives on Cedar Street, addressed
the City Council asking about the status of the Des Plaines River and flood
control; the river is higher than it has been in the past. Director of Public
Works and Engineering Oakley gave an update regarding the schedule for
improvements in the storm water system.
CONSENT Alderman Haugeberg requested that Items 2a and 2b under Committee of the
AGENDA Whole - Community Development be removed from the Agenda and placed on
the January 7, 2013 Agenda.
Motion by Robinson, seconded by Charewicz, to establish the Consent Agenda,
except for Items 3, 3a, 7, 7a, 8, 8a, 11 and 12. Motion declared carried.
Motion by Walsten, seconded by Robinson, to approve Consent Agenda, except
for Items 3, 3a, 7, 7a, 8, 8a, 11 and 12. 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.
The minutes were approved; Staff recommendations and requests were approved;
Resolutions R- 149 -12, R- 150 -12, R- 151 -12, R- 155 -12 and R- 156 -12 were adopted.
MINUTES: Moved by Walsten, seconded by Robinson, to approve minutes of the Regular
Consent Meeting of the City Council held December 3, 2012, as published. Motion
Agenda declared carried as approved unanimously under Consent Agenda.
Moved by Walsten, seconded by Robinson, to approve minutes of the Executive
Session of the City Council meeting held December 3, 2012. Motion declared
carried as approved unanimously under Consent Agenda.
AGREEMENT/
Alderman Wilson requested that this item be removed from Consent Agenda for
AMBULANCE
further discussion.
BILLING SVCS./
2013 - 2015:
Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that
as a resident taxpayer he thought that the elected officials knew about RFPs
Resolution
(Request for Proposal); he thought government would be more transparent; he
R- 148 -12
was amazed this item and other items were on the Consent Agenda and that
discussion would only occur if one of the aldermen pulled it from the Consent
Agenda; it is a lot of money; Mr. Burkross asked how the company would bring
back more revenues. � 1�
Page 4 of 9 12/17/12
Fire Chief Wax answered questions from the Aldermen and Mr. Burkross.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that
he believes the City Manager by sending all of these memos with information to
all of the aldermen is doing it fairly.
Moved by Haugeberg, seconded by Robinson, to accept the proposal for
ambulance billing and collection services from Andres Medical Billing, Ltd.,
3343 North Ridge Avenue, Arlington Heights, Illinois 60004, and enter into a
contract with Andres for services from January 1, 2013 through December 31,
2015 for a fee of 5% of collections; and further recommend to adopt Resolution
R- 148 -12, A RESOLUTION AUTHORIZING THE EXECUTION OF A
THREE YEAR CONSULTING SERVICES AGREEMENT BETWEEN
ANDRES MEDICAL BILLING, LTD. AND THE CITY OF DES PLAINES
FOR AMBULANCE FEE BILLING SERVICES. Upon roll call, the vote was:
AYES: 7- Haugeberg, Robinson, Bogusz,
Brookman, Walsten, Wilson, Charewicz
NAYS: 1 -Sayad
ABSENT: 0 -None
Motion declared carried.
AGR. /FIRE Moved by Walsten, seconded by Robinson, to concur with Staff
FIGHTER recommendation to accept the proposal for providing physical examinations and
PHYSICAL associated testings from Alexian Brothers Medical Group, 1060 South Elmhurst
EXAMS/ Road, Mount Prospect, Illinois 60056 (in an estimated amount of $29,090.00
2013 - 2015: for the 2013 calendar year; $29,342.00 for the 2014 calendar year and
Consent $29,510.00 for the 2015 calendar year) for the period between January 1, 2013
Agenda and December 31, 2015; and further recommend to adopt Resolution R- 149 -12,
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL
Resolution FROM ALEXIAN BROTHERS MEDICAL GROUP TO PERFORM
R- 149 -12 PHYSICAL EXAMINATIONS AND ASSOCIATED TESTINGS FOR THE
DES PLAINES FIRE DEPARTMENT. Motion declared carried as approved
unanimously under Consent Agenda.
90 -DAY Moved by Walsten, seconded by Robinson, to concur with Staff
EXTENSION/ recommendation to approve a 90 -day Extension of Agreement for fire alarm
AGR. WITH FOX and burglar alarm services with Fox Valley Fire and Safety, 2730 Pinnacle
VALLEY FIRE Drive, Elgin, Illinois 60124; and further recommend to adopt Resolution R -150-
AND SAFETY: 12, A RESOLUTION APPROVING AN AGREEMENT WITH FOX
Consent VALLEY FIRE AND SAFETY CO. FOR THE 90 -DAY EXTENSION OF
Agenda FIRE AND BURGLAR ALARM SERVICES. Motion declared carried as
approved unanimously under Consent Agenda.
Resolution
R- 150 -12
2011 CDBG Moved by Walsten, seconded by Robinson, to concur with Staff
CAPER: recommendation to approve 2011 CDBG Comprehensive Annual Performance
Consent and Evaluation Report (CAPER); and further recommend to adopt Resolution
h�
Page 5 of 9 12/17/12
Agenda R- 151 -12, A RESOLUTION REQUESTING APPROVAL FROM THE CITY
OF DES PLAINES CITY COUNCIL OF THE CONSOLIDATED ANNUAL
Resolution PERFORMANCE AND EVALUATION REPORT (CAPER) FOR
R- 151 -12 PROGRAM YEAR 2011, A REPORT IN CONJUNCTION WITH THE
ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
Motion declared carried as approved unanimously under Consent Agenda.
AGR./ Resident Brian Burkross requested that this Item be removed from Consent
PROGRESSIVE Agenda for discussion.
INTELLIGENCE
TECHNOLOGY Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that
CONSULTING this is a 30 -day contract for IT consulting services with a company from Iowa;
SVCS.: why is it automatically renewable.
Resolution City Manager Bartholomew gave an explanation of why an outside consulting
R- 153 -12 services company was brought in and answered questions from the Aldermen.
Mr. Burkross stated that he did not want to see an agreement that was
automatically renewable; there should be open discussion in the future
regarding the status of the IT Department.
Mr. Matthew LaPierre, Representative of the American Federation of State
County Municipal Employees (AFSCME) Local #3891 on behalf of the
employees of the City of Des Plaines IT Department, addressed the City
Council stating that one of the biggest concerns is security; this outside firm is
absorbing the inner workings of the City; once a contractor is in place studying
or assessing the needs, they are going to find a need that can be done cheaper; it
is a solution in search of a problem; you don't need it; there is a qualified staff
to do whatever is needed; he strongly urged the Council to not approve the
renewal of this agreement; the requests for information made by this company
from staff takes up time from normal day to day functioning duties.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council asking what
the chances of the former IT Director accepting a job with this company or one
of the subcontractors further down the road; what safeguards are in place;
question of ethics.
Ms. Sara Schroeder, an Intern with the Information Technology Department,
addressed the City Council stating that she has been an active resident; she has
been waiting 14 years for people to set aside their personal agendas; don't tear
down dedicated employees.
Motion by Charewicz to approve Resolution R- 153 -12. Motion declared
FAILED due to lack of a second.
Mr. Al Brown, 675 Pearson Street, addressed the City Council stating the City
Manager stated he does not know what is needed; ask the people who work
there to find out what is needed on a day to day basis and what we need in case
of emergencies. � q-
Page 6 of 9 12/17/12
Resolution
R- 153 -12 Moved by Walsten, seconded by Sayad, to DENY the approval of the
(Cont'd) Agreement with Progressive Intelligence Technologies. Upon roll call, the vote
was:
AYES: 7- Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Walsten, Wilson
NAYS: 1- Charewicz
ABSENT: 0 -None
Motion declared carried.
FUND BALANCE Alderman Wilson requested that this item be removed from the Consent
POLICY• Agenda.
Resolution General Counsel Friedman and Director of Finance Wisniewski answered
R- 154 -12 questions from the Aldermen.
Moved by Brookman, seconded by Walsten, to TABLE Resolution R- 154 -12,
A RESOLUTION APPROVING AND ADOPTING THE FUND BALANCE
POLICY (GASB 54) — APPENDIX D FOR THE INCLUSION IN THE
FINANCIAL POLICY MANUAL FOR THE CITY OF DES PLAINES until
the Regular Council meeting of January 22, 2013. Motion declared carried.
COLLECTIVE Moved by Walsten, seconded by Robinson, to concur with Staff
BARGAINING recommendation to approve the Collective Bargaining Agreement with the
AGR. /MAP #282: Metropolitan Alliance of Police Des Plaines Civilian Chapter #282 covering the
Consent period July 1, 2012 through December 31, 2015; and further recommend to
Agenda adopt Resolution R- 155 -12, A RESOLUTION AUTHORIZING THE
RATIFICATION AND EXECUTION OF THE COLLECTIVE BARGAINING
Resolution AGREEMENT BETWEEN THE METROPOLITAN ALLIANCE OF
R- 155 -12 POLICE, DES PLAINES CIVILIAN CHAPTER #282 AND THE CITY OF
DES PLAINES, EFFECTIVE JULY 1, 2012 THROUGH DECEMBER 31,
2015. Motion declared carried as approved unanimously under Consent
Agenda.
COLLECTIVE Moved by Walsten, seconded by Robinson, to concur with Staff
BARGAINING recommendation to approve the Collective Bargaining Agreement with the
AGR./MECCA: Municipal Employees City Coordinating Association covering the period
Consent January 1, 2012 through December 31, 2015; and further recommend to adopt
Agenda Resolution R- 156 -12, A RESOLUTION AUTHORIZING THE
RATIFICATION AND EXECUTION OF THE COLLECTIVE BARGAINING
Resolution AGREEMENT BETWEEN MECCA OF DES PLAINES, INC. AND THE
R- 156 -12 CITY OF DES PLAINES, EFFECTIVE JANUARY 1, 2012 THROUGH
DECEMBER 31, 2015. Motion declared carried as approved unanimously
under Consent Agenda.
APPT. /ADMIN. Alderman Haugeberg requested that this Item be removed from the Consent
HEARINGS Agenda.
OFFICER:
Moved by Haugeberg, seconded by Sayad, to approve the appointment ppo��f
01-
Page 7 of 9 12/17/12
Administrative Hearings Officer Chris Cohen — Term to Expire 12/31/2013.
Motion declared carried.
COMMISSION Alderman Haugeberg requested that this Item be removed from the Consent
APPT./YOUTH Agenda.
COMMISSION:
Moved by Haugeberg, seconded by Walsten, to approve the appointment of
Darren N. Brown to the Youth Commission — Term to Expire 12/01/2014.
Motion declared carried.
COMMISSION COMMISSION APPOINTMENT:
APPOINTMENT: Presented for your consideration — NO ACTION REQUIRED:
Consent
Agenda ECONOMIC DEVELOPMENT COMMISSION
Christen Osowski — Term to Expire 4/30/14
(Replaces Mary Howard who resigned 11/6/12)
MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS
NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION — Alderman Bogusz, Chair
WARRANT Director of Public Works and Engineering Oakley answered questions from
REGISTER: Alderman Sayad about electricity providers listed on Pages 6, 8 and 9 of the
Warrant Register.
Moved by Haugeberg, seconded by Robinson to recommend to the City
Council approval of the December 17, 2012 — Warrant Register, in the total
amount of $3,230,830.43; and further recommend that Resolution R- 152 -12 be
adopted at appropriate time this evening. Motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Haugeberg, Chair
RECLASSIFY Director of Community & Economic Development Dambach reviewed his
PROPERTY Memorandum of November 28, 2012 regarding a request from Petitioner
C -2 TO C -3/ Michael Van Slambrouck/MBV Properties, LLC, for an Amendment to the
1345 GOLF RD.: Official Des Plaines Zoning Map, as amended, to reclassify the property from
the C -2 Limited Office Commercial Zoning District to the C -3 General
Commercial Zoning District.
Moved by Walsten, seconded by Charewicz, to recommend to the City Council
approval to place on First Reading Ordinance Z -33 -12 at appropriate time this
evening. Motion declared carried.
UNFINISHED It was the consensus of the Aldermen to waive the Council rules and allow
BUSINESS: input. There were no objections.
Attorney Gretchen Chesley of Webster Powell and Ms. Katherine Waity-
Fontanetta, Project Manager, Legal, representing Sears/Kmart appeared before
W-
Page 8 of 9 12/17/12
UNFINISHED the Council and answered questions from the Aldermen.
BUSINESS:
(Cont'd) Secretary Catlett answered a question regarding the distance of the Kmart from
the day care center located nearby; it is more than 100 feet from a day care
center.
Moved by Brookman, seconded by Haugeberg, to adopt Ordinance M- 60 -12,
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 B -1 LIQUOR LICENSE FOR KMART STORES OF ILLINOIS, LLC
D/B /A KMART STORE #4214 LOCATED AT 1155 E. OAKTON STREET,
DES PLAINES, ILLINOIS. Upon roll call, the vote was:
AYES: 6- Haugeberg, Robinson, Sayad,
Brookman, Wilson, Charewicz
NAYS: 2- Bogusz, Walsten
ABSENT: 0 -None
Motion declared carried.
MAYOR PRO TEM WILSON ASSUMED THE CHAIR AND
DECLARED THE CITY COUNCIL BACK IN SESSION.
WARRANT Moved by Bogusz, seconded by Charewicz, to concur with recommendation of
REGISTER: Committee of the Whole to adopt Resolution R- 152 -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- 152 -12 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO
MAKE PAYMENT FOR SAME. Total: $3,230,830.43. 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.
RECLASSIFY Moved by Haugeberg, seconded by Sayad, to concur with recommendation of
PROPERTY Committee of the Whole to place on First Reading Ordinance Z- 33 -12, AN
C -2 TO C -3/ ORDINANCE GRANTING A MAP AMENDMENT FROM C -2, LIMITED
1345 GOLF RD.: OFFICE COMMERCIAL TO C -3, GENERAL OFFICE COMMERCIAL FOR
THE PROPERTY LOCATED AT 1345 GOLF ROAD /16 MARY STREET,
ORDINANCE DES PLAINES, ILLINOIS. (CASE #12- 068 -MAP). Motion declared carried.
Z -33 -12
ORDINANCE Moved by Sayad, seconded by Walsten, to advance to Second Reading and
Z -33 -12 adopt Ordinance Z- 33 -12, AN ORDINANCE GRANTING A MAP
RECLASSIFY AMENDMENT FROM C -2, LIMITED OFFICE COMMERCIAL TO C -3,
PROPERTY GENERAL OFFICE COMMERCIAL FOR THE PROPERTY LOCATED AT
Page 9 of 9 12/17/12
C -2 TO C -3/ 1345 GOLF ROAD /16 MARY STREET, DES PLAINES, ILLINOIS. (CASE
1345 GOLF RD.: #12- 068 -MAP). Upon roll call, the vote was:
AYES: 7- Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Walsten, Charewicz
NAYS: 1- Wilson
ABSENT: 0 -None
Motion declared carried.
ADJOURNMENT: Moved by Sayad, seconded by Haugeberg, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 9:22 p.m.
Gloria J. Ludwig — CITY CLERK
APPROVED BY ME THIS a /
DAY OF , 2013
Michael Charewicz, ACTIN AYOR