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12/01/2014MINUTES 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 1, 2014 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by Mayor Bogusz at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 1, 2014. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Smith and Charewicz. Also present were: City Manager Bartholomew, Director of Community & Economic Development Sakas, Senior Planner Mangum, Assistant City Manager/Director of Finance Wisniewski, Fire Chief Wax, Director of Information Technology Sora, Media Specialist Soderberg, Police Chief Kushner, Director of Public Works and Engineering Oakley and General Counsel Friedman. PRAYER AND The opening prayer was given by two boys from the Children's Ministry of the PLEDGE: Bridge Community Church, followed by the Pledge of Allegiance. PRESENTATION: Fire Chief Wax introduced the new Deputy Fire Chief Pete Dyer and Mayor Bogusz administered the Oath of Office. CITIZEN Resident Mike Lake announced that the VFW will hold a Pearl Harbor PARTICIPATION: remembrance ceremony at 1 p.m. on Sunday, December 7 at Oakton Arms. CITY CLERK City Clerk Ludwig announced that the Candidate Petition Filing Period begins ANNOUNCEMENTS: in the City Clerk's Office at 8:30 a.m. on Monday, December 15 and ends at 5 p.m. on Monday, December 22. A notice will be posted at the City Clerk's Office and in the hallway near the Council Chambers. CONSENT Alderman Rodd requested that Item 1 — Minutes/Regular Meeting — November AGENDA: 17, 2014 be removed from the Consent Agenda and deferred to the next regular Council meeting of December 15, 2014. There were no objections. Motion by Robinson, seconded by Rodd, to establish the Consent Agenda except for Item 1. Motion declared carried. Motion by Robinson, seconded by Rodd, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Executive Session Minutes were approved; Staff recommendations and requests were approved; Resolutions R-212-14 and R-217-14 were adopted; Ordinance ka Page 2 of 8 12/1/14 M-69-14 was adopted. MINUTES: Moved by Robinson, seconded by Rodd, to approve Minutes of the Executive Consent Session of the City Council held November 17, 2014. Motion declared carried Agenda as approved unanimously under Consent Agenda. APPROVE Moved by Robinson, seconded by Rodd, to concur with Staff recommendation REPAIRS/ to approve contract for immediate repairs to the Civic Center Parking Deck with CIVIC CENTER J. Gill & Company, 236 East 16150 Place, Suite A, South Holland, Illinois 60473 PARKING DECK: in the amount of $58,350 (Budgeted Funds — Streets & Grounds Maintenance Consent Division); and further recommend to adopt Resolution R-212-14, A Agenda RESOLUTION APPROVING AN EMERGENCY CONTRACT FOR EMERGENCY REPAIRS TO THE CIVIC CENTER PARKING DECK. Resolution Motion declared carried as approved unanimously under Consent Agenda. R-212-14 APPROVE AGR./ Moved by Robinson, seconded by Rodd, to concur with Staff recommendation REIMBURSE to approve an agreement with the Shrine of Our Lady of Guadalupe for POLICE SVCS.: reimbursement of police services for the Annual Feast of Our Lady of Consent Guadalupe Event on December 11-12, 2014; and further recommend to adopt Agenda Resolution R-217-14, A RESOLUTION APPROVING AN AGREEMENT WITH THE SHRINE OF OUR LADY OF GUADALUPE FOR THE Resolution REIMBURSEMENT OF POLICE SERVICES. Motion declared carried as R-217-14 approved unanimously under Consent Agenda. ADVERTISE BID/ Moved by Robinson, seconded by Rodd, to concur with Staff recommendation REMOVE to authorize City Clerk to advertise for bid the removal of existing Category 5 CABLING/ cabling within City Hall and replace with Category 6a cabling environment to CITY HALL: increase network speed up to 10GB. Motion declared carried as approved Consent unanimously under Consent Agenda. Agenda ADVERTISE BID/ Moved by Robinson, seconded by Rodd, to concur with Staff recommendation SERVICES to authorize City Clerk to advertise for bid Services of Document Imaging. DOCUMENT Motion declared carried as approved unanimously under Consent Agenda. IMAGING: Consent Agenda ORDINANCE Moved by Robinson, seconded by Rodd, to adopt Ordinance M-69-14, AN M-69-14 ORDINANCE AMENDING THE DES PLAINES CITY CODE REGARDING AMEND CITY THE AUTHORITY OF THE POLICE DEPARTMENT AND FIRE CODE/ ADMIN. DEPARTMENT TO ISSUE ADMINISTRATIVE CITATIONS. Motion HEARINGS declared carried as approved unanimously under Consent Agenda. PROGRAM: Consent Agenda C�lr Page 3 of 8 12/1/14 COMMISSION APPOINTMENTS & REAPPOINTMENTS: Presented for your consideration - NO ACTION REQUIRED APPOINTMENTS: CONSUMER PROTECTION COMMISSION William Epcke — Term to Expire 08/30/18 LIBRARY BOARD OF TRUSTEES Earl Wilson — Term to Expire 06/30/16 Obaidur Rahman — Term to Expire 06/30/17 ZONING BOARD OF APPEALS G. Thomas Green — Term to Expire 04/30/18 REAPPOINTMENTS: BOARD OF FIRE & POLICE COMMISSIONERS Arthur Lukowicz — Term to Expire 04/30/17 CONSUMER PROTECTION COMMISSION Susan Czach — Term to Expire 08/30/18 ECONOMIC DEVELOPMENT COMMISSION Patrick McGeean — Term to Expire 04/30/18 Richard Grosse — Term to Expire 04/30/18 Jin Lee — Term to Expire 04/30/18 Christen Osowski — Term to Expire 04/30/18 LIBRARY BOARD OF TRUSTEES Rosemary Mulligan — Term to Expire 06/30/17 Vincent Rangel — Term to Expire 06/30/17 Richard Pope — Term to Expire 06/30/17 PLAN COMMISSION Joseph Yi — Term to Expire 04/30/19 SPECIAL EVENTS COMMISSION Kirsten Tangeros — Term to Expire 08/31/18 YOUTH COMMISSION Bob Neil — Term to Expire 12/01/16 Joanie Sebastian — Term to Expire 12/01/16 Darren Brown — Term to Expire 12/01/16 William Epcke, Earl Wilson and Obaidur Rahman introduced themselves to the City Council. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE 4 �U Page 4 of 8 12/1/14 FINANCE & ADMINISTRATION — Alderman Sayad, Chair WARRANT City Manager Bartholomew gave a detailed explanation regarding the large REGISTER: amount of money for the December Warrant Register. Resident Wayne Serbin asked how many more mortgage payments the City will be paying. Director of Finance Wisniewski stated the payments would end in the year 2028. Moved by Haugeberg, seconded by Brookman, to recommend to the City Council approval of the December 1, 2014 — Warrant Register, in the total amount of $9,952,847.33; and further recommend that Resolution R-215-14 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Walsten, Chair FINAL PLAT OF Senior Planner Mangum reviewed his Memorandum dated November 12, 2014 SUBDIVISION/ regarding a Final Plat of Subdivision at 90 Rawls Road (Case #14 -049 -SUB). 90 RAWLS RD.: There were no questions from the Aldermen or the public. Moved by Rodd, seconded by Sayad, to recommend to the City Council approval of the Final Plat of Subdivision for 90 Rawls Road and that Resolution R-216-14 be adopted at the appropriate time this evening. Motion declared carried. MAJOR Senior Planner Mangum reviewed his Memorandum dated November 13, 2014 VARIATION/ 414 regarding consideration of a Variance Request for 414 East Golf Road (Case EAST GOLF RD.: #14-076-V). Petitioner Mike Bieniek (T -Mobile) is requesting a Major Variation to Section 8.5-6 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow an extension to an existing Commercial Mobile Radio Service Facility to allow a total height of 110 -feet, where a maximum height of 100 -feet is allowed for a Commercial Mobile Radio Service Facility in the M-1 Zoning District. The Zoning Board of Appeals recommended (4-0) that the City Council approve the Major Variation for the height of the Commercial Mobile Radio Facility. Senior Planner Mangum and City Manager Bartholomew answered questions from the Aldermen. There were no questions from the public. Moved by Sayad, seconded by Charewicz, to recommend to the City Council approval of Ordinance Z-31-14 at appropriate time this evening. Motion declared carried. CITYWIDE TEXT Senior Planner Mangum reviewed his Memorandum dated November 12, 2014 AMENDMENT/ for Zoning Ordinance Text Amendments to the City of Des Plaines 1998 AWNING AND Zoning Ordinance, as amended, to Article 11 (Signs) regarding awnings and CANOPY canopies (Case #14 -080 -TA). SIGNAGE: (PI'— Page 5 of 8 12/1/14 CITYWIDE TEXT Moved by Charewicz, seconded by Smith, to recommend to the City Council AMENDMENT approval of Ordinance Z-32-14 at appropriate time this evening. Motion (Cont'd) declared carried. Alderman Haugeberg did not agree. LEGAL & LICENSING — Alderman Brookman, Chair FARMERS' City Manager Bartholomew reviewed his Memorandum of November 7, 2014 MARKET: regarding consideration of a Farmers' Market License and Operation Agreement and answered questions from the Aldermen. Resident Wayne Serbin addressed the Committee of the Whole suggesting that people who have actually been involved and have experience in a farmers' market be contacted for advice. Resident Bill Epcke addressed the Committee of the Whole suggesting that the farmers' market be composed of farm to table fruits and vegetables. Mr. Jack Groat addressed the Committee of the Whole stating that he is the founder of the Little Boots Rodeo and Farmers' Market in Elk Grove Village. He gave his qualifications and experience; make it simple. Following discussion, moved by Walsten, seconded by Charewicz, to direct Staff to prepare a Request for Qualifications for a Farmers' Market. Motion declared carried. AMEND CITY Director of Community & Economic Development Sakas reviewed his CODE/ MEDICAL Memorandum of November 24, 2014 regarding a code change imposing an CANNABIS annual impact fee on Medical Cannabis Dispensing Organizations and DISTRIBUTION presented Ordinance M-73-14 which amends Title 5 of the City Code (Public IMPACT FEE: Health and Safety) by adding a new Chapter 8 that would impose an annual $15,000.00 impact fee on every medical cannabis dispensary in the City. Revenues would fund police services attributable to the operation of the medical cannabis dispensary. Moved by Walsten, seconded by Charewicz, to recommend to the City Council approval of Ordinance M-73-14 at appropriate time this evening. Motion declared carried. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. UNFINISHED BUSINESS: ORDINANCE Moved by Charewicz, seconded by Brookman, to adopt Ordinance Z-27-14, Z-27-14 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE COND. USE/ ESTABLISHMENT OF A MEDICAL CANNABIS DISPENSING Page 6 of 8 12/1/14 415 WEST TOUHY ORGANIZATION IN THE M-2 ZONING DISTRICT AT 415 WEST TOUHY AVE.: AVENUE, DES PLAINES, ILLINOIS. (CASE #14 -068 -CU). Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ORDINANCE Moved by Smith, seconded by Charewicz, to adopt Ordinance M-71-14, AN M-71-14 ORDINANCE AMENDING SECTION 2 OF CHAPTER 8 OF TITLE 15 OF AMEND CITY THE CITY CODE REGARDING THE CITY MOTOR FUEL TAX. Upon roll CODE/ call, the vote was: MUNICIPAL AYES: 5-Haugeberg, Sayad, Brookman, TAXES/ MOTOR Smith, Charewicz FUEL TAX: NAYS: 3 -Robinson, Rodd, Walsten ABSENT: 0 -None Motion declared carried. NEW BUSINESS• WARRANT Moved by Sayad, seconded by Rodd, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R-215-14, 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-215-14 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $9,952,847.33. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. FINAL PLAT OF Moved by Walsten, seconded by Robinson, to concur with recommendation of SUBDIVISION/ Committee of the Whole to adopt Resolution R-216-14, A RESOLUTION 90 RAWLS RD.: APPROVING THE FINAL PLAT OF SUBDIVISION FOR 90 RAWLS ROAD SUBDIVISION LOCATED AT 90 RAWLS ROAD, DES PLAINES, Resolution ILLINOIS. Upon roll call, the vote was: R-216-14 AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. MAJOR Moved by Walsten, seconded by Sayad, to concur with recommendation of VARIATION/ 414 Committee of the Whole to place on First Reading Ordinance Z-31-14, AN EAST GOLF RD.: ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 8.5- 6 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A Page 7 of 8 12/1/14 Ordinance 110 FOOT COMMERCIAL RADIO SERVICE FACILITY AT 414 E. GOLF Z-31-14 ROAD, DES PLAINES, ILLINOIS. (CASE #14-076-V). Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. CITYWIDE TEXT Moved by Walsten, seconded by Charewicz, to concur with recommendation of AMENDMENT/ Committee of the Whole to place on First Reading Ordinance Z-31-14, AN AWNING AND ORDINANCE AMENDING THE TEXT OF THE CITY ZONING CANOPY ORDINANCE REGARDING AWNINGS AND CANOPIES. Upon roll call, SIGNAGE: the vote was: AYES: 7 -Robinson, Rodd, Sayad, Ordinance Brookman, Walsten, Smith, Charewicz Z-32-14 NAYS: 1-Haugeberg ABSENT: 0 -None Motion declared carried. AMEND CITY Moved by Brookman, seconded by Sayad, to concur with recommendation of CODE/ MEDICAL Committee of the Whole to place on First Reading Ordinance M-73-14, AN CANNABIS ORDINANCE AMENDING THE DES PLAINES CITY CODE IMPOSING DISTRIBUTION AN ANNUAL IMPACT FEE ON MEDICAL CANNABIS DISPENSING IMPACT FEE: ORGANIZATIONS. Motion declared carried. Ordinance M-73-14 ORDINANCE Moved by Brookman, seconded by Walsten, to advance to Second Reading and M-73-14 adopt Ordinance M-73-14, AN ORDINANCE AMENDING THE DES AMEND CITY PLAINES CITY CODE IMPOSING AN ANNUAL IMPACT FEE ON CODE/ MEDICAL MEDICAL CANNABIS DISPENSING ORGANIZATIONS. Upon roll call, CANNABIS the vote was: DISTRIBUTION AYES: 8-Haugeberg, Robinson, Rodd, Sayad, IMPACT FEE: Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ADJOURNMENT: Moved by Walsten, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:03 p.m. I , ,-wig, MMC "—CLERK •L Page 8 of 8 12/1/14 cc APPROV B �---HIS DAY OF 2014 J.