12/15/2014MINUTES 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 15, 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
15, 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, Assistant Director of Finance Bromber, Director of
Community and Economic Development Sakas, Fire Chief Wax, Police Chief Kushner, Director of
Public Works and Engineering Oakley and City Attorney Friedman.
PRAYER AND The opening prayer was given by Nick Hernandez, a student from St. Zachary's
PLEDGE: Religious Education Program, followed by the Pledge of Allegiance to the Flag.
PUBLIC MINUTES OF THE PUBLIC HEARINGS HELD IN THE
HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
2013 CDBG DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 15, 2014
ANNUAL Mayor Bogusz called the Public Hearing to order at 7:01 p.m.
PERFORMANCE
& EVALUATION Associate Planner Yu reviewed his Memorandum of December 4, 2014
REPORT regarding the PY2013 Community Development Block Grant (CDBG)
(CAPER): Consolidated Annual Performance & Evaluation Report (CAPER). The 15 -day
public comment period for the CAPER began November 26, 2014 and will end
DISCUSSION: after the December 15, 2014 City Council meeting.
Mayor Bogusz asked for comments and questions from the aldermen and the
public. There were no comments.
The Public Hearing was adjourned at 7:03 p.m.
CITIZEN PART.: Resident Wayne Serbin addressed the City Council stating that according to a
recent newspaper article, Des Plaines is listed as number 99 out of 100 best
cities in which to live and gave statistics regarding education, employment, cost
of living, amenities and crime.
Resident Jim Fomelli addressed the City Council stating that he reads several
area newspapers regarding the theater in St. Charles and asked about the status
of the Des Plaines Theater.
CITY CLERK City Clerk Ludwig announced that the Candidate Petition Filing Period started
ANNOUNCEMENTS: today at 8:30 a.m. and ends on Monday, December 22, 2014 at 5 p.m. �t
Page 2 of 7 12/15/14
CONSENT Motion by Rodd, seconded by Robinson, to establish the Consent Agenda
AGENDA: except for Items 6, 6a and 7. Motion declared carried.
Motion by Robinson, seconded by Walsten, to approve 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.
Minutes were approved; Staff recommendations and requests were approved;
Resolutions R-213-14 and R -217A-14 were adopted; Ordinance M-74-14 was
placed on First Reading and Ordinance Z-31-14 was adopted.
MINUTES: Moved by Robinson, seconded by Walsten, to approve minutes of the Regular
Consent Meeting of the City Council held December 1, 2014. Motion declared carried
Agenda as approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Walsten, to approve minutes of the Regular
Meeting of the City Council held November 17, 2014. Motion declared carried
as approved unanimously under Consent Agenda.
AMEND CITY Moved by Robinson, seconded by Walsten, to concur with Staff
CODE/ ADD recommendation to amend Des Plaines City Code Title 1, "Administrative",
POSITION/ Chapter 8, "Position Grade and Compensation Plan", Section 4, "Compensation
FACILITIES & Plan", "Schedule A" to add the position of Facilities & Grounds Foreman; and
GROUNDS further recommend to place on First Reading Ordinance M-74-14, AN
FOREMAN: ORDINANCE AMENDING CHAPTER 8 OF TITLE 1 OF THE CITY OF
Consent DES PLAINES CITY CODE TO ADD A FOREMAN POSITION TO THE
Agenda CLASSIFICATION PLAN. Motion declared carried as approved unanimously
under Consent Agenda.
Ordinance
M-74-14
APPROVE AGRJ Moved by Robinson, seconded by Walsten, to concur with Staff
IEPA/ 1205 recommendation to approve a Highway Authority Agreement along with a
SOUTH WOLF Supplemental Agreement between the City and Property Owners of 1205 South
RD.: Wolf Road to allow the Illinois Environmental Protection Agency (IEPA) to
Consent issue a "No Further Remediation" (NFR) Letter for this site; and further
Agenda recommend to adopt Resolution R-213-14, A RESOLUTION APPROVING A
HIGHWAY AUTHORITY AGREEMENT AND A REIMBURSEMENT AND
Resolution INDEMNIFICATION AGREEMENT WITH ARIF AND MARY BALAGAM.
R-213-14 Motion declared carried as approved unanimously under Consent Agenda.
APPROVE 2013 Moved by Robinson, seconded by Walsten, to concur with Staff
CDBG CAPER: recommendation to approve the 2013 CDBG Comprehensive Annual
Consent Performance & Evaluation Report (CAPER); and further recommend to adopt
Agenda Resolution R -217A-14, A RESOLUTION APPROVING THE COMMUNITY
Page 3 of 7 12/15/14
DEVELOPMENT BLOCK GRANT PROGRAM CONSOLIDATED
Resolution ANNUAL PERFORMANCE AND EVALUATION REPORT FOR
R -217A-14 PROGRAM YEAR 2013. Motion declared carried as approved unanimously
under Consent Agenda.
APPROVE Alderman Charewicz requested this Item be removed from Consent Agenda.
CONTRACT/PRE-
DEMOLITION Director of Public Works and Engineering Oakley answered questions from the
ASBESTOS Aldermen.
INSPECTION/
FEMA HAZARD Moved by Charewicz, seconded by Sayad, to enter into a Master Contract and
MITIGATION accept Proposal from Gabriel Environmental Services, 1421 North Elston
GRANT 1935: Avenue, Chicago, Illinois 60642 in the amount of $650.00 per home with a not -
Consent to -exceed amount of $20,000.00 to provide pre -demolition asbestos inspection
Agenda on 21 homes in connection with FEMA Hazard Mitigation Grant 1935
(Budgeted Funds — Grant Funded Projects) and adopt Resolution R-218-14, A
Resolution RESOLUTION APPROVING A MASTER CONTRACT WITH GABRIEL
R-218-14 LABORATORIES, LTD, FOR ENGINEERING SERVICES AND TASK
ORDER NO. 1 FOR ASBESTOS INSPECTION AND TESTING SERVICES.
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.
APPROVE Mayor Bogusz requested that the Commission Appointments of Item 7 be
COMMISSION removed from Consent Agenda as follows:
APPOINTMENTS-
Approve Commission Appointments from December 1, 2014 of:
o William Epcke to the Consumer Protection Commission (Term
to Expire 8/30/18);
o Earl Wilson and Obaidur Rahman to the Library Board of
Trustees (Terms to Expire 6/30/16 and 6/30/17, respectively);
and
o G. Thomas Green to the Zoning Board of Appeals (Term to
Expire 4/30/18).
There were no objections to waive the Council Rules to allow public comment.
Alderman Sayad requested that the City Clerk note for the record that he did not
personally check the information he was given regarding one of the appointees.
EXECUTIVE Following discussion, moved by Smith, seconded by Rodd, to go into Executive
SESSION: Session to discuss Personnel. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad
Brookman, Walsten, Smith, Charewicz
NAYS: 0 -None
Page 4 of 7
EXECUTIVE ABSENT: 0 -None
SESSION: Motion declared carried.
(Cont'd)
The City Council recessed at 7:41 p.m.
The City Council reconvened at 8:24 p.m.
12/15/14
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Rodd, Sayad, Brookman, Walsten, Smith and Charewicz.
Moved by Charewicz, seconded by Brookman, to postpone the Commission
Appointments to the Regular Council meeting of January 5, 2015. Motion
declared carried. Alderman Smith voted No.
APPROVE Moved by Robinson, seconded by Walsten, to approve Commission Re -
COMMISSION appointments of:
RE -APPOINTMENTS:
Consent o Arthur Lukowicz to the Board of Fire & Police Commissioners
Agenda (Term to Expire 4/30/17);
o Susan Czach to the Consumer Protection Commission (Term to
Expire 8/30/18);
o Patrick McGeean, Richard Grosse, Jin Lee, and Christen
Osowski to the Economic Development Commission (Terms to
Expire 4/30/18);
o Rosemary Mulligan, Vincent Rangel and Richard Pope to the
Library Board of Trustees (Terms to Expire 6/30/17);
o Joseph Yi to the Plan Commission (Term to Expire 4/30/19);
o Kirsten Tangeros to the Special Events Commission (Term to
Expire 8/31/18); and
o Bob Neil, Joanie Sebastian and Darren Brown to the Youth
Commission (Terms to Expire 12/1/16).
Motion declared carried as approved unanimously under Consent Agenda.
ORDINANCE Moved by Robinson, seconded by Walsten, to adopt Ordinance Z-31-14, AN
Z-31-14 ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 8.5 -
MAJOR 6 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A
VARIATION/ 414 110 FOOT COMMERCIAL RADIO SERVICE FACILITY AT 414 E. GOLF
EAST GOLF RD.: ROAD, DES PLAINES, ILLINOIS. (CASE #14-076-V). Motion declared
Consent carried as approved unanimously under Consent Agenda.
Agenda
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS
NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION — Alderman Sayad, Chair
WARRANT Alderman Sayad provided a list of invoices submitted by Holland & Knight in
A`-
Page 5 of 7 12/15/14
REGISTER: the total amount of $73,330.59 from the Warrant Register of December 15,
2014 and did not agree with paying these invoices because he feels the costs are
too high to the residents. The list is as follows:
Page
Line #
$ Amount
3
24
18, 500.00
25
730.00
26
652.50
27
1,475.00
28
875.00
29
198.00
4
30
1,250.00
31
1,982.50
32
297.00
33
156.00
34
2,079.00
35
53.00
36
982.50
39
18,500.00
40
18,500.00
20
466
6,638.09
467
462.00
Total
17 Items
$73,330.59
Moved by Haueg berg, seconded by Rodd, to recommend to the City Council
approval of the December 15, 2014 — Warrant Register, in the total amount of
$3,258,660.45; and further recommend that Resolution R-219-14 be adopted at
appropriate time this evening. Motion declared carried.
Alderman Sayad agreed with payment of the items on the Warrant Register of
December 15, 2014, with the exception of the invoices from Holland & Knight
in the total amount of $73,330.59 and Alderman Smith recused himself from
approving all invoices from Holland & Knight due to a conflict of interest (a
professional relationship with one of the attorneys).
LEGAL & LICENSING — Alderman Brookman, Chair
GOVERNMENTAL Economic Development Coordinator Pruss reviewed her Memorandum of
BODY FEE AND December 2, 2014 regarding Governmental Body Fee and Registration
REGISTRATION Amendments. The current City Code is not written to exempt public entities
AMENDMENTS: such as the Park District and waive Business Registration and Temporary Event
License fees.
Moved by Walsten, seconded by Sayad, to recommend to the City Council
approval of Ordinance M-75-14 at appropriate time this evening. Motion
declared carried.
PUBLIC WORKS — Alderman Smith, Chair
Page 6 of 7 12/15/14
PARKWAY TREE A discussion took place regarding the meeting of the Public Works Committee
REPLACEMENT held regarding the parkway tree replacement program.
PROGRAM:
Director of Public Works and Engineering Oakley answered questions from the
Aldermen.
Moved by Robinson, seconded by Charewicz, to keep the parkway tree
replacement program as is.
Moved by Walsten, seconded by Brookman, for a substitute motion to direct
Staff to create an ordinance eliminating the $50.00 fee to be presented at the
Regular Council meeting of January 5, 2015. Motion declared carried.
Aldermen Haugeberg and Charewicz did not agree.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
UNFINISHED
BUSINESS:
ORDINANCE Moved by Walsten, seconded by Charewicz, to adopt Ordinance Z-32-14, AN
Z-32-14 ORDINANCE AMENDING THE TEXT OF THE CITY ZONING
CITYWIDE TEXT ORDINANCE REGARDING AWNINGS AND CANOPIES. Upon roll call,
AMENDMENT/ the vote was:
AWNING AND AYES: 8-Haugeberg, Robinson, Rodd, Sayad
CANOPY Brookman, Walsten, Smith, Charewicz
SIGNAGE: NAYS: 0 -None
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-219-14, 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-219-14 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO
MAKE PAYMENT FOR SAME. Total: $3,258,660.45. 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.
Alderman Sayad agreed with payment of the items on the Warrant Register of
Page 7 of 7 12/15/14
December 15, 2014, with the exception of the invoices from Holland & Knight
in the total amount of $73,330.59. Alderman Smith recused himself from
approving all invoices from Holland & Knight due to a conflict of interest.
GOVERNMENTAL
Moved by Brookman, seconded by Walsten, to concur with recommendation of
BODY FEE AND
Committee of the Whole to place on First Reading Ordinance M-75-14, AN
REGISTRATION
ORDINANCE AMENDING TITLE 4 OF THE CITY CODE REGARDING
AMENDMENTS:
REGISTRATION AND LICENSE FEES FOR PUBLIC ENTITIES. Upon roll
call, the vote was:
Ordinance
AYES: 8-Haugeberg, Robinson, Rodd, Sayad
1o7-75-14
Brookman, Walsten, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
ADJOURNMENT: Moved by Walsten, seconded by Sayad, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 8:56 p.m.
loria J. Ludwig, MMC — CITY CLERK
APPROVED BY ME THIS .� t