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03/05/2012MINUTES 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, MARCH 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 6:50 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 5, 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, Director of Finance Wisniewski, Deputy Police Chief Burton, Fire Chief Wax, Assistant to the Director of Public Works & Engineering Ridder, Assistant to the Director of Public Works & Engineering Duddles, 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: review Executive Session Minutes. Motion passed unanimously. There were no objections. The City Council recessed at 6:51 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 Steve Hjelle of the Evangelical PLEDGE: Free Church of Des Plaines, followed by the Pledge of Allegiance. CONSENT Motion by Sayad, seconded by Robinson, to establish the Consent Agenda, AGENDA except for Items 6, 6a, 6b, 7 and 7a. Motion declared carried. Motion by Haugeberg, seconded by Robinson, to approve Consent Agenda, except for Items 6, 6a, 6b, 7 and 7a. 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- 34 -12, R- 36 -12, R -37 -12 and R -42 -12 were adopted; Ordinance M- 11-12 was placed on Second Reading and adopted. MINUTES: Moved by Haugeberg, seconded by Robinson, to approve minutes of the Consent Regular Meeting of the City Council held February 6, 2012, as published. W- Page 2 of 7 3/5/12 Agenda Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Executive Session of the City Council meeting held February 6, 2012. Motion declared carried as approved unanimously under Consent Agenda. CONTRACT/ Moved by Haugeberg, seconded by Robinson, to concur with Staff TELEPHONE recommendation to approve a contract with Wide Open West Business (WOW), CIRCUIT: LLC, 1674 Frontenac Road, Naperville, Illinois 60563 for ISDN -PRI circuits Consent for the City -wide telephone system at a monthly rate not to exceed $1,500.00 Agenda per month for a period of thirty -six (36) months (approximately $375.00 per circuit); and further recommend to adopt Resolution R- 34 -12, A Resolution RESOLUTION AUTHORIZING THE EXECUTION OF A THREE YEAR R -34 -12 BUSINESS CUSTOMER AGREEMENT BETWEEN WIDEOPENWEST ILLINOIS, LLC AND THE CITY OF DES PLAINES FOR ISDN -PRI CIRCUITS. Motion declared carried as approved unanimously under Consent Agenda. RENEW Moved by Haugeberg, seconded by Robinson, to concur with Staff CONTRACT/ recommendation to renew the contract with Everbridge, Inc., 505 North Brand EVERBRIDGE: Boulevard, Suite 700, Glendale, California 91203, for the community and Consent employee notification system for the 9 -1 -1 Emergency Communication Center Agenda in an amount not to exceed $21,995.00 annually for a period of 1 -year with a 2- year option; and further recommend to adopt Resolution R- 36 -12, A Resolution RESOLUTION AUTHORIZING THE RENEWAL OF A CONTRACT WITH R -36 -12 EVERBRIDGE, INC. FOR THE CITY'S COMMUNITY NOTIFICATION SYSTEM. Motion declared carried as approved unanimously under Consent Agenda. CONTRACT/ Moved by Haugeberg, seconded by Robinson, to concur with Staff POLICY recommendation to approve the expenditures to Lexipol, LLC, 6B Liberty, MANUALS/ Suite 200, Aliso Viejo, California 92656 to purchase the first year subscription POLICE DEPT.: (2012) in the amount not to exceed $8,950.00 and for expenditures in the Consent forthcoming second year (2013) not to exceed $10,800.00 (Federal Asset Agenda Forfeiture Fund) at no cost to the City; and further recommend to adopt Resolution R- 37 -12, A RESOLUTION AUTHORIZING THE EXECUTION Resolution OF THE TERMS AND CONDITIONS FOR USE OF SUBSCRIPTION R -37 -12 MATERIAL FROM LEXIPOL, LLC FOR THE POLICE DEPARTMENT TO ACCESS THE LEXIPOL KNOWLEDGE MANAGEMENT SYSTEM. Motion declared carried as approved unanimously under Consent Agenda. GLENVIEW/ Alderman Charewicz requested that this item be removed from Consent WILMETTE/ Agenda. WATER SUPPLY FEASIBILITY Acting City Manager Slowinski gave an explanation regarding the water rate STUDY: increases by the City of Chicago and exploration of improvements and costs involved for the Des Plaines water system. Resolution R -39 -12 Moved by Charewicz, seconded by Haugeberg, to approve a Memorandum of Page 3 of 7 3/5/12 R -39 -12 Understanding between the Glenview, Wilmette and Des Plaines, to complete a (Cont'd) joint water feasibility study to review the feasibility of providing Lake Michigan potable water to Des Plaines from the Village of Wilmette at a cost not to exceed $48,944.58 per municipality, and that payment is authorized to be made to the Village of Glenview, 1225 Waukegan Road, Glenview, Illinois 60025 in an amount not to exceed $10,644.58; and adopt Resolution R- 39 -12, A RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE VILLAGE OF WILMETTE, THE VILLAGE OF GLENVIEW, AND THE CITY OF DES PLAINES TO FACILITATE A JOINT FEASIBILITY STUDY FOR AN ALTERNATIVE PUBLIC WATER SUPPLY. 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. DES PLAINES/ Alderman Charewicz requested that this Item be removed from Consent WATER SUPPLY Agenda. FEASIBILITY STUDY: Moved by Charewicz, seconded by Sayad, to approve the proposal (Master Agreement, Task Order No. 01) from MWH Americas, Inc., Dept. 2728, Los Resolution Angeles, California 90084 -2728 in an amount not to exceed $38,300.00 R -40 -12 (Water /Sewer Fund); and adopt Resolution R- 40 -12, A RESOLUTION ACCEPTING A PROPOSAL FROM MWH AMERICAS, INC. FOR THE EVALUATION OF THE IMPACT ON AND IMPROVEMENTS REQUIRED TO THE CITY OF DES PLAINES WATER DISTRIBUTION SYSTEM TO ACCEPT WATER SUPPLY FROM THE VILLAGE OF GLENVIEW. 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. EVANSTON/ Alderman Charewicz requested that this Item be removed from Consent WATER SUPPLY Agenda. FEASIBILITY STUDY: Moved by Charewicz, seconded by Haugeberg, to approve a Memorandum of Understanding with the City of Evanston, 2100 Ridge Avenue, Evanston, Resolution Illinois 60201 -2798, for a Water Feasibility Study at a cost not to exceed R -43 -12 $30,000.00 per municipality; and adopt Resolution R- 43 -12, A RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EVANSTON AND THE CITY OF DES PLAINES TO FACILITATE A JOINT FEASIBILITY STUDY FOR AN ALTERNATIVE PUBLIC WATER SUPPLY. Upon roll call, the vote was: AYES: 8- Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz Page 4 of 7 3/5/12 NAYS: 0 -None ABSENT: 0 -None Motion declared carried. PURCHASE/ Moved by Haugeberg, seconded by Robinson, to concur with Staff TASER GUNS/ recommendation to authorize the purchase of eight (8) new X2 Tasers from Ray POLICE DEPT.: O'Herron Co., Inc., 523 East Roosevelt Road, Lombard, Illinois 60148 in the Consent total amount of $11,609.10 (Asset Forfeiture Funds); and further recommend to Agenda adopt Resolution R- 42 -12, A RESOLUTION AUTHORIZING THE PURCHASE OF EIGHT X2 TASERS FROM RAY O'HERRON CO., INC. Resolution Motion declared carried as approved unanimously under Consent Agenda. R -42 -12 ADVERTISE Moved by Haugeberg, seconded by Robinson, to concur with Staff BIDS/ROOF/ recommendation to authorize the City Clerk to advertise for bid the removal and FIRE DEPT./ replacement of the apparatus floor roof at Fire Station #3, 130 East Thacker 130 EAST Street, with a bid opening of Friday, March 30, 2012 at 10:00 a.m. Funding for THACKER ST.: this project would be from the Street/Grounds Maintenance Fund in the amount Consent of $43,000.00. Motion declared carried as approved unanimously under Agenda Consent Agenda. ADVERTISE Moved by Haugeberg, seconded by Robinson, to concur with Staff BIDS /CITY HALL recommendation to authorize Staff to advertise for bid the City Hall Water Pipe WATER PIPE Replacement Project, 1420 Miner Street with a bid opening of Thursday, April REPLACEMENT/ 5, 2012 at 3:00 p.m. Funding for this project would be from the Capital 1420 MINER ST.: Projects Fund. Motion declared carried as approved unanimously under Consent Consent Agenda. Agenda ADVERTISE Moved by Haugeberg, seconded by Robinson, to concur with Staff BIDS /2012 CIP recommendation to authorize Staff to advertise for bid the 2012 CIP Concrete CONCRETE Improvements — MFT -12- 00000 -01 -GM Project. Source of Funding to be IMPROV'S: Motor Fuel Tax, Capital Project, and TIF Funds. Motion declared carried as Consent approved unanimously under Consent Agenda. Agenda ORDINANCE Moved by Haugeberg, seconded by Robinson, to adopt Ordinance M- 11 -12, M -11 -12 AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE 2011 EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS APPROPRIATION: FOR MUNICIPAL PURPOSES DESIGNATED AS THE "ANNUAL Consent APPROPRIATION ORDINANCE" FOR THE FISCAL YEAR BEGINNING Agenda JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. 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 FINANCE & ADMINISTRATION — Alderman Bogusz, Chair Page 5 of 7 3/5/12 WARRANT Moved bySSayad, seconded by Haugeberg to recommend to the City Council REGISTER: approval of the March 5, 2012 — Warrant Register, in the total amount of $3,287,108.64; and further recommend that Resolution R -41 -12 be adopted at appropriate time this evening. Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. UNFINISHED BUSINESS ORDINANCE Moved by Haugeberg, seconded by Brookman, to adopt Ordinance M -7 -12, AN M -7 -12 ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHANGE CLASS CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES H2 TO B -1 AND NUMBER," OF THE DES PLAINES CITY CODE TO CHANGE THE LIO. LICJ CLASSIFICATION OF THE LIQUOR LICENSE FOR BOND DRUG 1858 EAST COMPANY OF ILLINOIS, LLC, DB /A WALGREENS #02212 LOCATED OAKTON ST.: AT 1858 E. OAKTON STREET, DES PLAINES, ILLINOIS FROM A CLASS H -2 LIQUOR LICENSE TO A CLASS B -1 LIQUOR LICENSE. Upon roll call, the vote was: AYES: 6- Haugeberg, Robinson, Bogusz, Brookman, Wilson, Charewicz NAYS: 1- Walsten ABSTAIN: 1 -Sayad ABSENT: 0 -None Motion declared carried. ORDINANCE Moved by Robinson, seconded by Haugeberg, to adopt Ordinance M -8 -12, AN M -8 -12 ORDINANCE AMENDING TITLE 4, `BUSINESS REGULATIONS," CHANGE CLASS CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES H2 TO B -1 AND NUMBER," OF THE DES PLAINES CITY CODE TO CHANGE THE LIO. LIC./ CLASSIFICATION OF THE LIQUOR LICENSE FOR WALGREEN CO., 17 WEST GOLF DB /A WALGREENS #05711 LOCATED AT 17 W. GOLF ROAD, DES RD.: PLAINES, ILLINOIS FROM A CLASS H -2 LIQUOR LICENSE TO A CLASS B -1 LIQUOR LICENSE. Upon roll call, the vote was: AYES: 6- Haugeberg, Robinson, Bogusz, Brookman, Wilson, Charewicz NAYS: 1- Walsten ABSTAIN: 1 -Sayad ABSENT: 0 -None Motion declared carried. ORDINANCE Moved by Robinson, seconded by Charewicz, to adopt Ordinance M -9 -12, AN M -9 -12 ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHANGE CLASS CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES H2 TO B -1 AND NUMBER," OF THE DES PLAINES CITY CODE TO CHANGE THE LIO. LICJ CLASSIFICATION OF THE LIQUOR LICENSE FOR WALGREEN CO., 17 WEST GOLF DB /A WALGREENS #06601 LOCATED AT 21 RAND ROAD, DES RD.: PLAINES, ILLINOIS FROM A CLASS H -2 LIQUOR LICENSE TO A W Page 6 of 7 3/5/12 M -9 -12 CLASS B -1 LIQUOR LICENSE. Upon roll call, the vote was: (Cont'd) AYES: 6- Haugeberg, Robinson, Bogusz, Brookman, Wilson, Charewicz NAYS: 1- Walsten ABSTAIN: 1 -Sayad ABSENT: 0 -None Motion declared carried. ORDINANCE Moved by Robinson, seconded by Haugeberg, to adopt Ordinance M- 10 -12, M -10 -12 AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHANGE CLASS CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES H2 TO B -1 AND NUMBER," OF THE DES PLAINES CITY CODE TO CHANGE THE LIO. LIC./ CLASSIFICATION OF THE LIQUOR LICENSE FOR WALGREEN CO., 17 WEST GOLF D/B /A WALGREENS #06866 LOCATED AT 1378 MINER STREET, DES RD.: PLAINES, ILLINOIS FROM A CLASS H -2 LIQUOR LICENSE TO A CLASS B -1 LIQUOR LICENSE. Upon roll call, the vote was: AYES: 6- Haugeberg, Robinson, Bogusz, Brookman, Wilson, Charewicz NAYS: 1- Walsten ABSTAIN: 1 -Sayad ABSENT: 0 -None Motion declared carried. ORDINANCE Moved by Sayad, seconded by Charewicz, to place on Second Reading and Z-7 -12 adopt Ordinance Z -7 -12, AN ORDINANCE GRANTING A CONDITIONAL COND. USE/ USE PERMIT IN ACCORDANCE WITH SECTION 7.3 -4 C. OF THE DES 1666 RAND RD.: PLAINES ZONING ORDINANCE TO ESTABLISH A CHILD CARE CENTER AT 1666 RAND ROAD, DES PLAINES, ILLINOIS. (CASE #11- 076-CU). Upon roll call, the vote was: AYES: 6- Bogusz, Brookman Walsten, Wilson, Charewicz NAYS: 2- Haugeberg, Robinson ABSENT: 0 -None Motion declared carried. ORDINANCE Moved by Walsten, seconded by Robinson, to remove from the table Ordinance M -6 -12 M -6 -12, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AMEND CITY AND TRAFFIC," CHAPTER 11, "VEHICLE SEIZURE AND CODE /TITLE 7/ IMPOUNDMENT FOR VIOLATIONS," SECTION 1, "ELIGIBILITY FOR CH. 111VEHICLE SEIZURE AND IMPOUNDMENT," OF THE DES PLAINES CITY CODE. CODE/NO VALID Motion declared carried. DRIVER'S LIC.: Alderman Walsten will vote no to amend Section L of Title 7, Chapter 11, Section 1 of the Des Plaines City Code. Moved by Sayad, seconded by Brookman, to amend Section L. No valid driver's license of Title 7, "Motor Vehicles and Traffic, " Chapter 11, "Vehicle Seizure and Impoundment for Violations, " Section 1, "Eligibility for Seizure and Impoundment, " of the Des Plaines City Code by adding " and 5/11 - IV Page 7 of 7 3/5/12 M -6 -12 208.7 8 " to be consistent with the new State law. Motion declared carried. (Cont'd) Alderman Walsten voted no. Moved by Sayad, seconded by Charewicz, to adopt Ordinance M -6 -12, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 11, "VEHICLE SEIZURE AND IMPOUNDMENT FOR VIOLATIONS," SECTION 1, "ELIGIBILITY FOR SEIZURE AND IMPOUNDMENT," OF THE DES PLAINES CITY CODE, as Amended. Upon roll call, the vote was: AYES: 7- Haugeberg, Robinson, Bogusz, Sayad, Brookman, Wilson, Charewicz NAYS: 1- Walsten ABSENT: 0 -None Motion declared carried. NEW BUSINESS WARRANT Moved by Bogusz, seconded by Haugeberg, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R- 41 -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 -41 -12 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME, AS AMENDED. Total: $3,287,108.64. 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. ADJOURNMENT: Moved by Sayad, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 7:35 p.m. loria J. Ludwig — CITY CLERK APPROVED BY ME THIS '::� a DAY OF , 2012 Mart' Moyl ),MAYOR