04/16/2012MINUTES 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, APRIL 16, 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 6:15 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday,
April 16, 2012.
ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Bogusz, Sayad, Brookman, Walsten, Wilson and Charewicz.
Also present were: Acting City Manager Slowinski, Acting Police Chief Kozak, Fire Chief Wax,
Director of Public Works & Engineering Oakley, Director of Finance Wisniewski, Director of Human
Resources Earl, Director of Information Technology Duebner, Director of Community & Economic
Development Bartholomew, and City Attorney Wiltse.
EXECUTIVE Moved by Sayad, seconded by Robinson, to go into Executive Session to
SESSION: discuss Personnel. Motion passed unanimously. There were no objections.
The City Council recessed at 6:16 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 Gary Houdek of the Golf Road
PLEDGE: Baptist Church, followed by the Pledge of Allegiance.
CITIZEN Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that
PART.: there are a couple of things he wanted to bring up. The first item has to do with
the sale of the land for TIF #6; he and many others are disappointed that the sale
of the land for which $10 Million was paid, the City sold it for $1.1 Million
dollars leaving $9 Million to pay on it; he believes the City could have spent
time to find a better price or deal for that land; economic times are bad, but he
believes it could be better in a year or two. The second item is the appointment
of a new City Manager. He and many others are disappointed that a search was
not done as was done in previous years; we have a strong City Manager form of
government; a search was done for Fire Chief and is being conducted currently
for a Police Chief; the process in the past, when a City Manager was about to be
appointed, was discussed by the Legal & Licensing Committee and the public
was asked for input; he is concerned that a new City Manager has been
appointed without a search and very little input from the public; two aldermen
were not present when the City Manager was appointed; some of the other
aldermen did not have any input.
Mr. Vic Desai, 760 Meadow Drive, addressed the City Council reading a
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CITIZEN statement regarding red light cameras; he and his neighbors are outraged and
PART.: request removal of the red light camera on Golf Road; he read information from
(Cont'd) the City's website regarding red light cameras used to reduce accidents; he
quoted the Daily Herald article regarding increased accidents as a result of the
red light camera in Des Plaines; he quoted statistics regarding accidents before
the red light camera was installed and after installation; more rear end collisions
with the red light camera; he would like to meet with Acting Police Chief and
staff to discuss statistics; this is about money, not safety; he would like the
officials to take a stand on this issue; he urged the Council to make a decision
not to install more cameras.
EXEC. SESSION PERSONNEL:
ACTION:
Moved by Robinson, seconded by Sayad, to concur with the consensus reached
in Executive Session to approve the Employment Agreement for City Manager,
as amended, and to adopt Resolution R- 61 -12, as Amended.
Alderman Brookman stated that he will be voting no on the Employment
Agreement. He has a problem with the process and all of the aldermen should
have been at the last meeting to vote for a City Manager; a search was done in
the past for City Managers.
Upon roll call on the motion to approve the Employment Agreement for City
Manager, as amended, and to adopt Resolution R- 61 -12, as Amended, the vote
was:
AYES: 6- Robinson, Bogusz, Sayad,
Walsten, Wilson, Charewicz
NAYS: 2- Haugeberg, Brookman
ABSENT: 0 -None
Motion declared carried.
CONSENT Motion by Sayad, seconded by Haugeberg, to establish the Consent Agenda,
AGENDA except for Items 1, 6, 6a, 7, 7a, 8, 8a, 9, 9a, 11 and IIa. Motion declared
carried.
Motion by Sayad, seconded by Brookman, to approve Consent Agenda, except
for Items 1, 6, 6a, 7, 7a, 8, 8a, 9, 9a, 11 and 11 a. 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 for Executive Session on April 2, 2012 were approved; Staff
recommendations and requests were approved; Ordinances M- 14 -12, M- 15 -12, M-
16-12 and M -17 -12 were placed on First Reading; Resolution R -60 -12 was
adopted; Ordinances M- 12 -12, M-13-12, Z -10 -12 and Z -11 -12 were placed on
Second Reading and adopted. `d-
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MINUTES: Clerk Ludwig requested that Item 1 be removed from Consent Agenda to
correct the Minutes of April 2, 2012 as follows:
Page 3 Consent Agenda
-Add R -50 -12 to the list of Resolutions Adopted
- Delete Ordinance M -11 -12 at end of that paragraph
Page 5 Warrant Register Committee of the Whole
-Add Alderman Brookman as a No vote for the New World ERP expenditures
Page 8 Warrant Register In regular Session
-Add Mayor Moylan's name as an Aye Vote for the New World ERP expenditures
Moved by Robinson, seconded by Haugeberg, to approve the amendments to
the Minutes of the Regular Meeting of the City Council held April 2, 2012.
Motion declared carried.
Moved by Sayad, seconded by Bogusz, to approve Minutes of the Regular
Meeting of the City Council held April 2, 2012, as Amended. 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 Walsten, to approve minutes of the Executive
Session of the City Council meeting held April 2, 2012. Motion declared
carried as approved unanimously under Consent Agenda.
NEW CLASS A Moved by Sayad, seconded by Brookman, to approve an application for a new
LIO. LIC./ 1992 Class A Tavern Liquors Dealers License for Ching Hua's Restaurant, Inc., d/b /a
SOUTH RIVER Ching Hua's Restaurant and Sportsbar, Inc., 1992 South River Road; and
RD.: further recommend to place on First Reading Ordinance M- 14 -12, AN
Consent ORDINANCE AMENDING TITLE 4, `BUSINESS REGULATIONS,"
Agenda CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES
AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE
Ordinance CLASS A LIQUOR LICENSE FOR CHING HUA'S RESTAURANT, INC.
M -14 -12 DB /A CHING HUA'S RESTAURANT AND SPORTSBAR, INC. LOCATED
AT 1992 S. RIVER ROAD, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
ORDINANCE Moved by Sayad, seconded by Robinson, to advance to Second Reading and
M -14 -12 approve Ordinance M- 14 -12, AN ORDINANCE AMENDING TITLE 4,
NEW CLASS A "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS,"
LIO. LIC./ 1992 SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES
SOUTH RIVER CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR CHING
RD.: HUA'S RESTAURANT, INC. DB /A CHING HUA'S RESTAURANT AND
SPORTSBAR, INC. LOCATED AT 1992 S. RIVER ROAD, DES PLAINES,
ILLINOIS. Upon roll call, the vote was: � d
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M -14 -12 AYES: 7- Haugeberg, Robinson, Bogusz, Sayad,
(Cont'd) Brookman, Walsten, Charewicz
NAYS: 1- Wilson
ABSENT: 0 -None
Motion declared carried.
DISPOSAL OF Moved by Sayad, seconded by Brookman, to concur with Staff
CITY VEHICLES/ recommendation to authorize the disposal of City vehicles and equipment to be
EOUIPMENT: sold at the Northwest Municipal Conference Auction on Saturday, May 19,
Consent 2012 at the Arlington Heights Public Works facility; and further recommend to
Agenda place on First Reading Ordinance M- 15 -12, AN ORDINANCE
AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY
Ordinance IN ACCORDANCE WITH THE DES PLAINES CITY CODE SECTION 1-
M-15-12 12 -4. Motion declared carried as approved unanimously under Consent
Agenda.
AMEND CITY Moved by Sayad, seconded by Brookman, to concur with Staff
CODE/ recommendation to amend the City Code, Title 1, Chapter 8, Position
TITLE 1, CH. 8./ Classification and Compensation Plan", Section 4 A., "Adoption of
POSITION AND Compensation Plan", Schedule II -A, "Public Safety Supervisory Personnel —
CLASSIFICATION Police Union" MAP 241 from 2011 — 2014 and adopt a new salary schedule for
/MAP 241: positions represented by MAP 241; and further recommend to place on First
Consent Reading Ordinance M- 16 -12, AN ORDINANCE AMENDING TITLE 1,
Agenda "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION AND
COMPENSATION PLAN," SECTION 4 A., "ADOPTION OF
Ordinance COMPENSATION PLAN," SCHEDULE II -A, "PUBLIC- SAFETY
M -16 -12 PERSONNEL - POLICE - UNION" OF THE CITY CODE. Motion declared
carried as approved unanimously under Consent Agenda
ABATEMENT/ Alderman Bogusz requested that this Item be removed from Consent Agenda.
2011 TAX LEVY
FOR 2011 GO Director of Finance Wisniewski answered questions from the Aldermen.
REFUNDING
BONDS, SERIES Moved by Bogusz, seconded by Haugeberg, to concur with Staff
2011: recommendation to authorize the abatement of the 2011 Tax Levy for the 2011
General Obligation (GO) Refunding Bonds, Series 2011; and place on First
Ordinance Reading Ordinance M- 17 -12, ABATEMENT OF THE 2011 TAX LEVY FOR
M -17 -12 THE 2011 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2011.
Motion declared carried.
ORDINANCE Moved by Bogusz, seconded by Sayad, to advance to Second Reading and
M -17 -12 adopt Ordinance M- 17 -12, ABATEMENT OF THE 2011 TAX LEVY FOR
ABATEMENT/ THE 2011 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2011.
2011 TAX LEVY Upon roll call, the vote was:
FOR 2011 GO AYES: 8- Haugeberg, Robinson, Bogusz, Sayad,
REFUNDING Brookman, Walsten, Wilson, Charewicz
BONDS, SERIES NAYS: 0 -None
2011: ABSENT: 0 -None
Motion declared carried.
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AWARD BID/
Alderman Walsten requested that this Item be removed from Consent Agenda.
UNLEADED AND
DIESEL FUEL:
Director of Public Works & Engineering Oakley answered questions from the
Aldermen.
Resolution
R -56-12
Moved by Walsten, seconded by Sayad, to concur with Staff recommendation
to award the contract for the purchase of unleaded and diesel fuel to Al Warren
Oil Company, Inc., 7439 West Archer Avenue, Summit, Illinois 60501 in an
amount not to exceed $423,500.00 for Regular lead -free gasoline and an
amount not to exceed $181,700.0 for biodiesel fuel delivered to Public Works
for a one -year period with an optional one -year renewal; and further
recommend to adopt Resolution R- 56 -12, A RESOLUTION AUTHORIZING
THE ACCEPTANCE OF A BID FOR GASOLINE AND DIESEL FUEL
FROM AL WARREN OIL COMPANY, INC. 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.
PURCHASE /FIRE Alderman Wilson requested that this Item be removed from Consent Agenda.
DEPT. /ZOLL
ACLS HEART Fire Chief Wax answered questions from the Aldermen.
MONITOR•
Moved by Wilson, seconded by Haugeberg, to concur with Staff
Resolution recommendation to authorize the waiver of usual bid procedures in the best
R -57 -12 interest of the City for the purchase of one (1) Zoll E Series ACLS Heart
Monitor/Defibrillator from Zoll Medical Corporation, 269 Mill Road,
Chelmsford, Massachusetts 01824 in the amount of $10,120.00; and further
recommend to adopt Resolution R- 57 -12, A RESOLUTION AUTHORIZING
THE PURCHASE OF AN E- SERIES CARDIAC MONITOR
DEFIBRILLATOR FROM ZOLL MEDICAL CORPORATION. Motion
declared carried as approved unanimously under Consent Agenda.
WAIVE RIGHT Alderman Brookman requested that this Item be removed from Consent
TO PURCHASE Agenda.
LIBRARY
SURPLUS PROP.: A discussion took place regarding possible use of the Book Mobile by another
department. There was no interest expressed by any department.
Resolution
R -59 -12 Motion by Brookman to TABLE Resolution R -59 -12 to give the City a chance
to look at this further. Motion declared FAILED due to lack of a second.
Moved by Wilson, seconded by Walsten, to concur with Staff recommendation
to waive the right to purchase the 1997 Book Mobile from the Des Plaines
Public Library; and to adopt Resolution R- 59 -12, A RESOLUTION WAIVING
THE CITY'S RIGHT TO PURCHASE PUBLIC PERSONAL PROPERTY
THAT WAS DEEMED NO LONGER NECESSARY TO THE DES PLAINES
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R -59 -12 PUBLIC LIBRARY BOARD OF TRUSTEES. Upon roll call, the vote was:
(Cont'd) AYES: 8- Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Walsten, Wilson, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
ASSIGNMENT/ Moved by Sayad, seconded by Brookman, to concur with Staff
TAX INCREMENT recommendation to approve assignment of a Tax Increment Allocation Revenue
ALLOCATION Note from MB Financial Bank, NA. to 1646 River Street, LLC; and further to
REVENUE NOTE/ adopt Resolution R- 60 -12, A RESOLUTION APPROVING AN
1646 RIVER ST.: ASSIGNMENT OF A TAX INCREMENT ALLOCATION REVENUE NOTE
Consent FROM MB FINANCIAL BANK, NA. TO 1646 RIVER STREET, LLC.
Agenda Motion declared carried as approved unanimously under Consent Agenda.
Resolution
R -60 -12
APPLICATION/ Resident Brian Burkross, 2133 Webster Lane, requested that this Item be
CDBG DISASTER removed from Consent Agenda.
RECOVERY/
"IKE" PROGRAM Mr. Burkross, 2133 Webster Lane, addressed the City Council stating that there
FUNDS: were discrepancies on the City website; this agenda item was listed differently;
he was told the person who could make the change was home ill; concerned
Resolution there was only one person to make a change to the City website; the second
R -62 -12 item of concern to Mr. Burkross was the description of this item on the agenda
which was different than the information contained in the accompanying
memorandum; he questioned how this particular company was chosen.
Director of Community & Economic Development Bartholomew answered
questions from Mr. Burkross and the Aldermen.
Moved by Bogusz, seconded by Robinson, to support the application to be
submitted to the State of Illinois under the Community Development Block
Grant Disaster Recovery (CDBG -DR) "IKE" Program for funds up to
$1,500,000.00 to purchase manufacturing equipment that will create
approximately 100 full -time equivalent jobs at Hart Schaffner Marx (HMX),
1680 East Touhy Avenue, in the City of Des Plaines; and further adopt
Resolution R- 62 -12, A RESOLUTION APPROVING THE APPLICATION
FOR FUNDS UNDER THE CDBG DISASTER RECOVERY "IKE"
PROGRAM. 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.
ADVERTISE Moved by Sayad, seconded by Brookman, to concur with Staff
SIDS /CRACK recommendation to authorize City Clerk to issue Notice to Bid for 2012 CIP
A f -
Page 7 of 9 4/16/12
SEALING: Contract A with a bid opening date of Thursday, May 3, 20, 2012 at 9:00 a.m.
Consent Funding for this project would be from the Capital Project Fund
Agenda ($1,776,766.00). Motion declared carried as approved unanimously under
Consent Agenda.
ADVERTISE Moved by Sayad, seconded by Brookman, to concur with Staff
BIDS /CRACK recommendation to authorize City Clerk to issue Notice to Bid for 2012 CIP,
SEALING: MFT 12- 00217 -00 -PV with a bid opening date of Thursday, May 3, 20, 2012 at
Consent 9:00 a.m. Funding for this project would be from the Motor Fuel Tax Fund
Agenda ($650,000.00); Water Fund ($255,175.00); Capital Project Fund ($123,234.00);
and Community Block Grant Fund ($92,483.00). Motion declared carried as
approved unanimously under Consent Agenda.
ORDINANCE Moved by Sayad, seconded by Brookman, to adopt Ordinance M- 13 -12, AN
M -13 -12 ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT
PARKING ENF. FOR ENFORCEMENT OF THE ILLINOIS VEHICLE CODE AND
AGR./ 1804 -1884 MUNICIPAL ORDINANCES ON PRIVATE PROPERTY BETWEEN THE
MANNHEIM RD.: CITY OF DES PLAINES AND PINE PARK HOMEOWNERS
Consent ASSOCIATION IN DES PLAINES, ILLINOIS. Motion declared carried as
Agenda approved unanimously under Consent Agenda.
ORDINANCE Moved by Sayad, seconded by Brookman, to adopt Ordinance Z- 10 -12, AN
Z -10 -12 ORDINANCE AUTHORIZING A TEXT AMENDMENT TO TABLE 7.3.1,
ZONING TEXT "COMMERCIAL DISTRICT USE MATRIX," OF THE CITY OF DES
AMENDMENT: PLAINES ZONING CODE. Motion declared carried as approved unanimously
Consent under Consent Agenda.
Agenda
ORDINANCE Moved by Sayad, seconded by Brookman, to adopt Ordinance Z- 11 -12, AN
Z -11 -12 ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN
COND. USE/ ACCORDANCE WITH SECTION 7.3 -6 C. OF THE DES PLAINES ZONING
216 GRACELAND ORDINANCE TO ALLOW A DOMESTIC PET SERVICE AT 216
AVENUE: GRACELAND AVENUE, DES PLAINES, ILLINOIS (CASE #12- 004 -CU).
Consent Motion declared carried as approved unanimously under Consent Agenda.
Agenda
ORDINANCE Moved by Sayad, seconded by Brookman, to adopt Ordinance M- 12 -12, AN
M -12 -12 ORDINANCE GRANTING A CONDITIONAL USE TO AUTHORIZE A
COND. USE/ PARKING PAD LOCATED IN THE FRONT YARD OF THE PROPERTY
894 SOUTH WOLF LOCATED AT 894 S. WOLF ROAD, DES PLAINES, ILLINOIS. (CASE
ROAD: #12- 007 -PP). Motion declared carried as approved unanimously under Consent
Consent Agenda.
Agenda
MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS
NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
Page 8 of 9 4/16/12
FINANCE & ADMINISTRATION — Alderman Bogusz, Chair
WARRANT Moved by Haugeberg, seconded by Robinson to amend the Warrant Register
REGISTER: R -58 -12 in the amount of $2,484,331.52. Motion declared carried.
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
UNFINISHED BUSINESS
VARIANCES/ Moved by Haugeberg, seconded by Walsten, to place on First Reading
2279 WESTVIEW Ordinance Z -6 -12, AN ORDINANCE AUTHORIZING A VARIATION TO
DR.: SECTION 8.1 -3 OF THE CITY OF DES PLAINES ZONING ORDINANCE
TO ALLOW AN ACCESSORY STRUCTURE (SHED) THAT IS MORE
Ordinance THAN 150 SQUARE FEET AND TO ALLOW TWO ADDITIONAL
Z-6 -12 ACCESSORY STRUCTURES (PERGOLA TYPE STRUCTURES) TO
REMAIN ON THE PROPERTY AT 2279 WESTVIEW DRIVE DES
PLAINES, ILLINOIS. (CASE #11- 071 -V) Motion declared carried.
Alderman Wilson voted no.
ORDINANCE Moved by Brookman, seconded by Sayad, to advance to Second Reading and
Z -6 -12 adopt Ordinance Z -6 -12, AN ORDINANCE AUTHORIZING A VARIATION
VARIANCES/ TO SECTION 8.1 -3 OF THE CITY OF DES PLAINES ZONING
2279 WESTVIEW ORDINANCE TO ALLOW AN ACCESSORY STRUCTURE (SHED) THAT
DR.: IS MORE THAN 150 SQUARE FEET AND TO ALLOW TWO
ADDITIONAL ACCESSORY STRUCTURES (PERGOLA TYPE
STRUCTURES) TO REMAIN ON THE PROPERTY AT 2279 WESTVIEW
DRIVE, DES PLAINES, ILLINOIS. (CASE #11- 071 -V) Upon roll call, the
vote was:
AYES: 7- Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Walsten, Charewicz
NAYS: 1- Wilson
ABSENT: 0 -None
Motion declared carried.
NEW BUSINESS:
WARRANT Moved by Bogusz, seconded by Sayad, to concur with recommendation of
REGISTER: Committee of the Whole to adopt Resolution R- 58 -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 -58 -12 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO
MAKE PAYMENT FOR SAME, AS AMENDED. Total: $2,484,331.52.
Upon roll call, the vote was:
AYES: 8- Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Walsten, Wilson, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
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Motion declared carried.
ADJOURNMENT: Moved by Robinson, seconded by Walsten, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 8:32 p.m.
Gloria J. Ludwig — CIT CLERK
APPROVED BY ME THIS
DAY OF , 2012