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10/01/2012MINUTES 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, OCTOBER 1, 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, October 1, 2012. ROLL CALL: Roll call indicated the following Aldermen present: Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson and Charewicz. Alderman Haugeberg was absent. 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 Information Technology Duebner, Director of Public Works and Engineering Oakley, Building & Property Inspection Supervisor Ehrke, Senior Planner Mangum, Associate Planner Yu and General Counsel Friedman. PRAYER AND The opening prayer was given by City Clerk Ludwig, followed by the Pledge of PLEDGE: Allegiance to the Flag. PRESENTATION: Police Chief Kushner presented the Citizen's Service Medal to Ms. Jennifer Causey for saving a victim's life along with the many other lives that would have been affected if the victim had jumped onto the I -90 underpass. Ms. Causey's actions went beyond those of a concerned citizen. CONSENT Motion by Sayad, seconded by Brookman, to establish the Consent Agenda AGENDA except for Items 4, 4a, 5, 5a and 11. Motion declared carried. Motion by Brookman, seconded by Walsten, to approve Consent Agenda except for Items 4, 4a, 5, 5a and 11. Upon roll call, the vote was: AYES: 7- Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 1- Haugeberg Motion declared carried. Staff recommendations and requests were approved; Ordinance M -34 -12 was placed on First Reading; and Resolutions R- 109 -12, R- 112 -12, R- 116 -12, R- 117-12, R- 118 -12, and R- 119 -12 were adopted. DISPOSITION OF Moved by Brookman, seconded by Walsten, to concur with Staff UNUSABLE CITY recommendation to authorize the disposition of vehicles and equipment that are VEHICLES AND no longer of use to the City to be sold at the Northwest Municipal Conference EQUIPMENT auction on Saturday, October 20, 2012 at the Arlington Heights Public Works Consent facility; and further recommend to place on First Reading Ordinance M- 34 -12, Agenda AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC Page 2 of 8 10/1/12 PERSONAL PROPERTY IN ACCORDANCE WITH THE DES PLAINES ORDINANCE CITY CODE SECTION 1 -12 -4. Motion declared carried as approved M -34 -12 unanimously under Consent Agenda. IDCEO GRANT/ Moved by Brookman, seconded by Walsten, to concur with Staff POLICE GUN recommendation to approve the Grant Agreement with the Illinois Department RANGE: of Commerce and Economic Opportunity ( IDCEO) in the amount of Consent $40,000.00; and further recommend to adopt Resolution R- 109 -12, A Agenda RESOLUTION AUTHORIZING THE EXECUTION OF A DCEO GRANT AGREEMENT FROM THE STATE OF ILLINOIS, DEPARTMENT OF Resolution COMMERCE AND ECONOMIC OPPORTUNITY FOR THE R- 109 -12 REFURBISHMENT OF THE POLICE SHOOTING RANGE. Motion declared carried as approved unanimously under Consent Agenda. PURCHASE Alderman Walsten requested that this Item be removed from Consent Agenda EQUIPMENT FOR for further discussion. SQUAD CARS/ POLICE DEPT.: Police Chief Kushner answered questions from the Aldermen. Resolution Moved by Walsten, seconded by Sayad, to adopt Resolution R- 110 -12, A R- 110 -12 RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT FOR FOUR FORD UTILITY POLICE INTERCEPTORS FROM HAVEY COMMUNICATIONS COMPANY. Upon roll call, the vote was: AYES: 7- Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 1- Haugeberg Motion declared carried. PURCHASE Alderman Walsten requested that this Item be removed from Consent Agenda EOUIPMENT FOR for further discussion. FLOODED SQUAD CARS/ Police Chief Kushner answered questions from the Aldermen. POLICE DEPT.: Moved by Walsten, seconded by Bogusz, to adopt Resolution R- 111 -12, A Resolution RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT FOR R- 111 -12 THREE FORD UTILITY POLICE INTERCEPTORS FROM HAVEY COMMUNICATIONS COMPANY. Upon roll call, the vote was: AYES: 7- Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 1- Haugeberg Motion declared carried. LOBBYIST SVCS. Moved by Brookman, seconded by Walsten, to concur with Staff AGREEMENT: recommendation to retain the services of Government Consulting Services of Consent Illinois, LLC, at a cost of $1,000.00 per month for the period beginning October Agenda 16, 2012 and ending October 15, 2013; and further recommend to adopt Resolution R- 112 -12, A RESOLUTION AUTHORIZING THE EXECUTION Page 3 of 8 10/1/12 Resolution OF AN AGREEMENT BETWEEN GOVERNMENT CONSULTING R- 112 -12 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. IDCEO GRANT/ Moved by Brookman, seconded by Walsten, to concur with Staff FIRE DEPT. recommendation to approve the Grant Agreement with the Illinois Department STRUCTURE/ of Commerce and Economic Opportunity ( IDCEO) in the amount of GENERATOR/ $40,000.00; and further recommend to adopt Resolution R- 116 -12, A FIRE STA. #3: RESOLUTION AUTHORIZING THE EXECUTION OF A DCEO GRANT Consent AGREEMENT FROM THE STATE OF ILLINOIS, DEPARTMENT OF Agenda COMMERCE AND ECONOMIC OPPORTUNITY FOR THE CONSTRUCTION OF A LEAN -TO STRUCTURE AT FIRE DEPARTMENT Resolution STATION #3 AND PURCHASE OF A GENERATOR AT FIRE R- 116 -12 DEPARTMENT STATION #1. Motion declared carried as approved unanimously under Consent Agenda. WAIVE RIGHT Moved by Brookman, seconded by Walsten, to concur with Staff OF FIRST recommendation to waive the City's right of first refusal for surplus items REFUSAL/ identified on the Des Plaines Library's "Surplus August 2012" list; and further SURPLUS recommend to adopt Resolution R- 117 -12, A RESOLUTION WAIVING THE EQUIPMENT/ CITY'S RIGHT TO PURCHASE PUBLIC PERSONAL PROPERTY THAT DES PLAINES WAS DEEMED NO LONGER NECESSARY TO THE DES PLAINES PUBLIC PUBLIC LIBRARY BOARD OF TRUSTEES. Motion declared carried as LIBRARY: approved unanimously under Consent Agenda. Consent Agenda Resolution R- 117 -12 GRANT/ Moved by Brookman, seconded by Walsten, to concur with Staff LOCAL AGENCY recommendation to approve Local Agency Agreement for Federal Participation AGR./IDOT/ with the Illinois Department of Transportation (IDOT) and the Preliminary CENTRAL RD. Engineering Services Agreement for Federal Participation with SPACECO, BIKE Inc., 9575 West Higgins Road, Suite 700, Rosemont, Illinois 60018 in a not to SHOULDERS: exceed amount of $57,000.00 (CMAQ grant - $45,600.00 and local match Consent $11,400.00 — Capital Project Fund); and further recommend to adopt Resolution Agenda R- 118 -12, A RESOLUTION APPROVING THE EXECUTION OF A LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION BETWEEN Resolution THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY R- 118 -12 OF DES PLAINES FOR GRANT MONEY FROM THE CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ Moved by Brookman, seconded by Walsten, to concur with Staff 2012 CIP REAR recommendation to award the bid for the 2012 Capital Improvement Program YARD (CIP) Rear Yard Drainage Improvements — Contract B to Concrete, Etc., Inc., DRAINAGE/ 38 Ardmore Avenue, Glenview, Illinois 60025 in the amount of $169,369.00 k4 Page 4 of 8 10/1/12 CONTRACT B: (Capital Projects Fund and 25% resident reimbursement) for the following Consent locations: Agenda Location Affected Properties Resolution #1 710 Cordial Drive R- 119 -12 #2 SSA #14 - .2132, 2140, 2148 Plainfield Drive #3 460 N. Sixth Avenue #4 227 S. Warrington Road #5 20,26 N. Westgate Road #6 948 Wolf Road ; and further recommend to adopt Resolution R- 119 -12, A RESOLUTION ACCEPTING THE BID FROM CONCRETE, ETC., INC. FOR THE 2012 CAPITAL IMPROVEMENT PROGRAM — REAR YARD DRAINAGE IMPROVEMENTS, CONTRACT B. Motion declared carried as approved unanimously under Consent Agenda. REJECT BIDS/ Moved by Sayad, seconded by Brookman to defer this matter to the Regular CITY HALL City Council Meeting of October 15, 2012. Motion declared carried. There WATER PIPING were no objections. PROJECT: ORDINANCE Moved by Brookman, seconded by Walsten, to adopt Ordinance M- 31 -12, AN M -31 -12 ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL ESTABLISH SERVICE AREA NUMBER FOURTEEN IN THE CITY OF DES PLAINES, SPECIAL ILLINOIS (2132, 2140 AND 2148 PLAINFIELD DRIVE REAR YARD SERVICE AREA DRAINAGE IMPROVEMENTS). Motion declared carried as approved #14/2132,2140, unanimously under Consent Agenda. 2148 PLAINFIELD DRIVE Consent Agenda MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Bogusz, Chair WARRANT Police Chief Kushner answered Alderman Wilson's question regarding an REGISTER: expense for animal control on Page 5 of the Warrant Register. Moved by Sayad, seconded by Robinson to recommend to the City Council approval of the October 1, 2012 — Warrant Register, in the total amount of $2,474,428.94; and further recommend that Resolution R- 113 -12 be adopted at appropriate time this evening. Motion declared carried. AUDIT Director of Finance Wisniewski introduced Mr. Tony Boras of Crowe Horwath Page 5 of 8 10/1/12 PRESENTATION: LLP who presented highlights of the annual audit conducted by the independent auditing firm of Crowe Horwath LLP as documented in the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended December 31, 2011. Director of Finance Wisniewski answered questions from the Aldermen. Alderman Bogusz announced that the 2013 Budget hearings will take place on Wednesday, October 17 at 7 p.m. in Council Chambers for the General Fund and Thursday, October 18 at 7 p.m. in Council Chambers for the Non - General Fund accounts. COMMUNITY DEVELOPMENT — Alderman Walsten, Vice Chair COND. USE/ Building & Property Inspection Supervisor Ehrke reviewed his Memorandum PARKING PAD/ of September 20, 2012 regarding a request for a Building Code variation by 378 NORTH Petitioner Leszek Zmysloski to install a Parking Pad in the front yard of a EIGHTH AVE.: single - family residence at 378 North Eighth Avenue. Moved by Wilson, seconded by Sayad, to recommend to the City Council approval of a Building Code variation to install a Parking Pad in the front yard of a single - family residence at 378 North Eighth Avenue; and further recommend that Ordinance M -32 -12 be placed on First Reading at appropriate time this evening. Motion declared carried. COND. USE/ Senior Planner Mangum reviewed his Memorandum of September 12, 2012 OFFICE BLDG./ regarding a request by Petitioner Ae Hee Yum for a Conditional Use Permit 2514 BALLARD under Section 7.3 -4 -C of the 1998 Des Plaines Zoning Ordinance, as amended, RD.: to authorize the construction and operation of an office building in the C -1 District (Case #12- 047 -CU). Ms. Yum was appeared before the Committee of the Whole to answer questions from the Aldermen. Director of Community & Economic Development Dambach and City Manager Bartholomew answered questions from the Aldermen. Moved by Charewicz, seconded by Robinson, to recommend to the City Council approval of a Conditional Use Permit to authorize the construction and operation of an office building in the C -1 District at 2514 Ballard Road; and further recommend that Ordinance Z -31 -21 be placed on First Reading at appropriate time this evening. Motion declared carried. APPLICATION/ Director of Community & Economic Development Dambach reviewed his CLASS 6b/ 2150 Memorandum of September 18, 2012 regarding a request by Petitioner 710 OXFORD AVE.: West Grand Avenue, LLC (WGA) for a municipal resolution expressly stating that it supports and consents to their filing of a Class 6b application, as required by the Cook County Office of the Assessor (CCOA). fl vj� Page 6 of 8 10/1/12 Based upon the recommendation of the Economic Development Commission on September 12, 2012, it is recommended that the City Council adopt Resolution R- 114 -12 to support and consent to the filing of WGA's Class 6b application to the Cook County Assessor's Office. Director of Community & Economic Development Dambach answered questions from the Aldermen. Moved by Bogusz, seconded by Sayad, to recommend to the City Council to adopt Resolution R- 114 -12 at appropriate time this evening. Motion declared carried. APPLICATION/ Director of Community & Economic Development Dambach reviewed his CLASS 6b/ 1666 Memorandum of September 19, 2012 regarding a request by Petitioner 1666 E. EAST TOUHY Touhy, LLC ( Touhy LLC) for a municipal resolution expressly stating that it AVE.: supports and consents to their filing of a Class 6b application, as required by the Cook County Office of the Assessor (CCOA). Based upon the recommendation of the Economic Development Commission on September 12, 2012, it is recommended that the City Council adopt Resolution R- 115 -12 to support and consent to the filing of Touhy LLC's Class 6b application to the Cook County Assessor's Office. Director of Community & Economic Development Dambach answered questions from the Aldermen. Moved by Bogusz, seconded by Sayad, to recommend to the City Council to adopt Resolution R- 115 -12 at appropriate time this evening. Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. WARRANT Moved by Bogusz, seconded by Sayad, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R- 113 -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- 113 -12 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,474,428.94. Upon roll call, the vote was: AYES: 7- Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 1- Haugeberg Motion declared carried. COND. USE/ Moved by Walsten, seconded by Sayad, to concur with recommendation of PARKING PAD/ Committee of the Whole to place on First Reading Ordinance M- 32 -12, AN Page 7 of 8 10/1/12 378 NORTH ORDINANCE GRANTING A CONDITIONAL USE TO AUTHORIZE A EIGHTH AVE.: PARKING PAD LOCATED IN THE FRONT YARD OF THE PROPERTY LOCATED AT 378 N. EIGHTH AVENUE, DES PLAINES, ILLINOIS. Ordinance (CASE #12- 053 -PP). Motion declared carried. M -32 -12 ORDINANCE Moved by Wilson, seconded by Walsten, to advance to Second Reading and M -32 -12 adopt Ordinance M- 32 -12, AN ORDINANCE GRANTING A CONDITIONAL COND. USE/ USE TO AUTHORIZE A PARKING PAD LOCATED IN THE FRONT PARKING PAD/ YARD OF THE PROPERTY LOCATED AT 378 N. EIGHTH AVENUE, DES 378 NORTH PLAINES, ILLINOIS. (CASE #12- 053 -PP). Upon roll call, the vote was: EIGHTH AVE.: AYES: 7- Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 1- Haugeberg Motion declared carried. COND. USE/ Moved by Walsten, seconded by Robinson, to concur with recommendation of OFFICE BLDG./ Committee of the Whole to place on First Reading Ordinance Z- 31 -12, AN 2514 BALLARD ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO RD.: AUTHORIZE THE CONSTRUCTION AND OPERATION OF AN OFFICE BUILDING AT 2514 BALLARD ROAD, DES PLAINES, ILLINOIS. (CASE Ordinance #12- 047 -CU). Motion declared carried. Z -31 -12 ORDINANCE Moved by Robinson, seconded by Sayad, to advance to Second Reading and Z -31 -12 adopt Ordinance Z- 31 -12, AN ORDINANCE ALLOWING FOR A COND. USE/ CONDITIONAL USE PERMIT TO AUTHORIZE THE CONSTRUCTION OFFICE BLDG./ AND OPERATION OF AN OFFICE BUILDING AT 2514 BALLARD 2514 BALLARD ROAD, DES PLAINES, ILLINOIS. (CASE #12- 047 -CU). Upon roll call, the RD.: vote was: AYES: 7- Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 1- Haugeberg Motion declared carried. APPLICATION/ Moved by Walsten, seconded by Sayad, to concur with recommendation of CLASS 6b/ 2150 Committee of the Whole to adopt Resolution R- 114 -12, A RESOLUTION OXFORD AVE.: AUTHORIZING 6(b) CLASSIFICATION FOR REAL PROPERTY WITH COOK COUNTY REAL ESTATE TAX INDEX NUMBER 09-30- 400 -020- Resolution 0000, LOCATED AT 2150 OXFORD ROAD IN DES PLAINES, ILLINOIS, R- 114 -12 PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE. Upon roll call, the vote was: AYES: 7- Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 1- Haugeberg Page 8 of 8 10/1/12 Motion declared carried. APPLICATION/ Moved by Walsten, seconded by Sayad, to concur with recommendation of CLASS 6b/ 1666 Committee of the Whole to adopt Resolution R- 115 -12, A RESOLUTION EAST TOUHY AUTHORIZING 6(b) CLASSIFICATION FOR REAL PROPERTY WITH AVE.: COOK COUNTY REAL ESTATE TAX INDEX NUMBER 09-28- 300 -031- 0000, LOCATED AT 1666 E. TOUHY IN DES PLAINES, ILLINOIS, Resolution PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION R- 115 -12 ORDINANCE. Upon roll call, the vote was: AYES: 7- Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 1- Haugeberg 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 7:56 p.m. (-/� �- a - Gloria J. Ludwig — CI CLERK APPROVED BY ME THIS � tki Q/ j