10/05/2015MINUTES 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 5, 2015
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 6:01 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, October 5, 2015.
ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd,
Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present.
Also present were: City Manager Bartholomew, Assistant Director of Finance Bromber, Director of
Community and Economic Development Sakas, Senior Planner Mangum, Director of Public Works and
Engineering Oakley, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman.
EXECUTIVE Moved by Brookman and seconded to go into Executive Session to discuss
SESSION: Collective Bargaining, Probable or Imminent Litigation, Pending Litigation and
Sale & Purchase of Property. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
The City Council recessed at 6:02 p.m.
The City Council reconvened at 7:12 p.m.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Rodd, Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present.
PRAYER AND The opening prayer was given by Dr. Hilary Morris of the Baha'i Community,
PLEDGE: followed by the Pledge of Allegiance to the Flag of the United States of America.
CITIZEN PART.:
CITY CLERK
ANNOUNCEMENTS:
Resident Brian Burkross addressed the City Council commenting on the 2016
Budget, Responsible Bidder Ordinance and the amount of money spent on the
roofs for Fire Stations #61 and #62.
Mr. Larry Arkus representing his father who lives on Cedar Street addressed the
City Council asking for an update on dredging the Des Plaines River and the
River Road construction. Director Oakley responded to his inquiry.
City Clerk Ludwig announced that October is Breast Cancer Awareness month
and that a free Mammogram is available to uninsured and underinsured women
and men through Presence Holy Family Medical Center. Call the Clerk's Office
for information.
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
MINUTES:
APPROVE
ANNUAL LIQ.
LIC. MAINT.:
Consent
Agenda
Ordinance
M-19-15
APPROVE
INTERGOV'L
AGR./ IL STATE
TOLL HIGHWAY
AUTHORITY/
RELOCATE AND
REPLACE
WATER MAIN/
WOLF RD. SO. OF
I-90:
Consent
Agenda
Resolution
R-166-15
Page 2 of 7 10/5/15
Motion by Haugeberg and seconded to establish the Consent Agenda except for
Item 2. Motion declared carried.
Motion by Chester and seconded to approve the Consent Agenda. Upon roll call,
the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Minutes were approved; Staff recommendations and requests were approved;
Ordinance M-19-15 was placed on First Reading; Resolutions R-166-15, R-169-
15 and R-171-15 were adopted; and Ordinance Z-29-15 was adopted.
Moved by Chester and seconded to approve Minutes of the Executive Session of
the City Council held September 21, 2015. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Rodd and seconded to defer the Minutes of the Regular Meeting of the
City Council held September 21, 2015 to the Regular City Council Meeting of
October 19, 2015. Motion declared carried.
Moved by Chester and seconded to concur with Staff recommendation to approve
Annual Liquor License Maintenance Ordinance; and further recommend to place
on First Reading Ordinance M-19-15, AN ORDINANCE AMENDING
SECTION 4-18-1, "FEE SCHEDULE," OF CHAPTER 18, "SCHEDULE OF
FEES," OF TITLE 4, "BUSINESS REGULATIONS," OF THE CITY CODE.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Chester and seconded to concur with Staff recommendation to approve
Intergovernmental Agreement between the Illinois State Toll Highway Authority
and the City of Des Plaines for the relocation and replacement of a 12" water
main located on Wolf Road south of the 1-90 bridge crossing; and further
recommend to adopt Resolution R-166-15, A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS STATE
TOLL HIGHWAY AUTHORITY FOR THE RELOCATION OF A WATER
MAIN. Motion declared carried as approved unanimously under Consent
Agenda.
APPROVE
PARKING REG.
AGR./ 480
POTTER RD.:
Consent
Agenda
Resolution
R-169-15
APPROVE TASK
ORDER NO. 9/
ORCHARD
PLACE/ HIGGINS
RD. TO NO. OF I-
90:
Consent
Agenda
Resolution
R-171-15
ORDINANCE
Z-29-15 (AS
AMENDED)
AMEND CITY
CODE/ JOINT
PLAN COM. AND
ZONING BD. OF
APPEALS:
Consent
Agenda
WARRANT
REGISTER:
Page 3 of 7 10/5/15
Moved by Chester and seconded to concur with Staff recommendation to approve
Parking Regulation Agreement with Islamic Community Center of Des Plaines
for 480 Potter Road; and further recommend to adopt Resolution R-169-15, A
RESOLUTION APPROVING AN AGREEMENT WITH THE ISLAMIC
COMMUNITY CENTER OF DES PLAINES FOR THE ENFORCEMENT OF
PARKING AND TRAFFIC REGULATIONS IN THE PARKING AREA
LOCATED AT 480 POTTER ROAD, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Chester and seconded to concur with Staff recommendation to approve
Task Order No. 9 in the amount of $129,800.00 from Christopher B. Burke
Engineering, LTD., 9575 West Higgins Road, Rosemont, IL for Engineering
Services in connection with the Reconstruction/Extension of Orchard Place from
Higgins Road to North of I-90 (Budgeted Funds — TIF #7); and further
recommend to adopt Resolution R-171-15, A RESOLUTION APPROVING
TASK ORDER NO. 9 WITH CHRISTOPHER B. BURKE ENGINEERING,
LTD., FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Chester and seconded to concur with Staff recommendation to adopt
Ordinance Z-29-15, AN ORDINANCE AMENDING THE DES PLAINES
CITY CODE, ZONING ORDINANCE AND SUBDIVISION REGULATIONS,
TO CREATE A CONSOLIDATED PLANNING AND ZONING BOARD.
Motion declared carried as approved unanimously under Consent Agenda.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION — Alderman Smith, Chair
Alderman Sayad stated that he did not agree with paying invoices from two
Lobbyists: Line 12 — Government Consulting Services of IL, LLC in the amount
of $1,000.00 and Line 13 — Alfred G. Ronan, LTD in the amount of $5,000.00 on
Page 3 of the Warrant Register.
Alderman Sayad stated that he objects to paying invoices from Holland & Knight
because we could get them cheaper by an outside or in house service.
Moved by Haugeberg and seconded to recommend to the City Council approval
of the October 5, 2015 — Warrant Register, in the total amount of $6,650,964.53;
Page 4 of 7 10/5/15
and further recommend that Resolution R-170-15 be adopted at appropriate time
this evening. Motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair
MAP Deferred from August 17, 2015 and September 8, 2015 City Council Agendas.
AMENDMENT/
800 EAST Senior Planner Mangum reviewed his Memorandum dated September 22, 2015
NORTHWEST regarding consideration by petitioner Four Peaks LLC, 1001 Feehanville Drive,
HIGHWAY: Mount Prospect, IL 60056 of a Map Amendment, Planned Unit Development and
Tentative Plat of Subdivision at 800 East Northwest Highway, Case # 15 -024 -
MAP -SUB -PUD. The Plan Commission, after having heard and fully considered
the evidence, voted (3-0) to recommend approval of the Map Amendment, and
voted (3-0) to recommend approval of the Planned Unit Development, subject to
conditions of approval proposed by Staff. Additionally, the Plan Commission
approved (3-0) the Tentative Plat of Subdivision, subject to conditions.
MAJOR
VARIAT ION/
1506-1518
MARKET ST.:
Senior Planner Mangum answered questions from the Aldermen.
Alderman Rodd read a letter dated August 20, 2015 from Entre Commercial
Realty LLC which represents Four Peaks LLC the current owner of 800 East
Northwest Highway known as the former Littelfuse property.
Discussion was held.
Mr. Jim Griffin of Shane, Banks representing Buckingham Properties and Mr.
Chris Coleman of Buckingham Properties addressed the Committee of the Whole
answering questions from the Aldermen.
Mr. Dan Benassi of Entre Commercial Realty LLC addressed the Committee of
the Whole answering questions from the Aldermen.
Resident Tim Metropolis addressed the Committee of the Whole stating he was
in favor of the project.
Moved by Rodd and seconded to recommend to the City Council approval of
Ordinance Z-25-15 at appropriate time this evening. Motion declared failed.
Aldermen Rodd, Sayad, Chester and Smith agreed. Aldermen Haugeberg,
Robinson, Brookman and Charewicz did not agree.
Deferred from August 17, 2015 and September 8, 2015 City Council Agendas.
Per the request of the Petitioner, moved by Sayad and seconded to defer this item
until the Regular City Council Meeting of December 7, 2015. Motion declared
carried.
Page 5 of 7 10/5/15
MAP Senior Planner Mangum reviewed his Memorandum dated September 22, 2015
AMENDMENT/ regarding a Map Amendment and Preliminary Planned Unit Development at 783-
783-841 LEE ST.: 841 Lee Street, (Located between Lee and Center Streets), Case #14 -073 -PUD -
SUB -MAP. The Plan Commission, after having heard and fully considering the
evidence, voted (3-0) to recommend approval of the Map Amendment, and voted
(3-0) to recommend approval of the Planned Unit Development, subject to
conditions of approval. Additionally, the Plan Commission approved (3-0) the
Tentative Plat of Subdivision, subject to conditions.
Senior Planner Mangum answered questions from the Aldermen.
Discussion was held.
Ms. Christine Schap representing 500 members of Immanuel Lutheran Church
and School addressed the Committee of the Whole stating that the Congregation
was opposed to the proposed development.
Resident Jeff Spero addressed the Committee of the Whole commenting on the
parking issues.
Attorney Lawrence Freedman representing Lexington Des Plaines LLC
addressed the Committee of the Whole answering questions from the Aldermen.
Mr. Karl Krogstad of Krogstad Land Design Limited addressed the Committee
of the Whole answering questions from the Aldermen.
Mr. William Rotolo of Lexington Homes addressed the Committee of the Whole
answering questions from the Aldermen.
Moved by Robinson and seconded to deny approval of Ordinance Z-30-15.
Upon roll call, the vote was:
AYES: 3-Haugeberg, Robinson, Brookman
NAYS: 5 -Rodd, Sayad,
Chester, Smith, Charewicz
ABSENT: 0 -None
Motion declared failed.
Moved by Charewicz and seconded to recommend to the City Council approval
of Ordinance Z-30-15. Upon roll call, the vote was:
AYES: 5 -Rodd, Sayad,
Chester, Smith, Charewicz
NAYS: 3-Haugeberg, Robinson, Brookman
ABSENT: 0 -None
Motion declared carried.
COND. USE/ Senior Planner Mangum reviewed his Memorandum dated September 24, 2015
MAJOR regarding consideration by Petitioner Demeke Berhanu-Haile, 164 Division
VARIATION/ Street #201, Elgin, IL 60120 of a Conditional Use permit under Section 12-7-
1529 RAND RD.:
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-170-15
MAP
AMENDMENT/
800 EAST
NORTHWEST
HIGHWAY:
Ordinance
Z-25-15
MAJOR
VARIATION/
1506-1518
MARKET ST.:
Ordinance
Z-27-15
Page 6 of 7 10/5/15
3.F.3 and a major variation to Table 12-7-3-1 of the 1998 City of Des Plaines
Zoning Ordinance, as amended, to authorize a motor vehicle sales operation, on
a site of less than 25,000 square feet in the C-3 Zoning District. Owner Adam
Jidd appeared before the City Council answering questions from the Aldermen.
Discussion was held.
Moved by Chester and seconded to recommend to the City Council approval of
Ordinance Z-31-15 at appropriate time this evening. Motion declared carried.
Alderman Haugeberg did not agree.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
Moved by Smith and seconded to concur with recommendation of Committee of
the Whole to adopt Resolution R-170-15, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING
BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY
CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR
SAME. Total: $6,650,964.53. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Rodd and seconded to concur with recommendation of Committee of
the Whole to place on First Reading Ordinance Z-25-15, AN ORDINANCE
APPROVING A ZONING MAP AMENDMENT AND A PRELIMINARY
PLAT OF PLANNED UNIT DEVELOPMENT FOR 800 E. NORTHWEST
HIGHWAY, DES PLAINES, ILLINOIS (CASE #15 -024 -MAP -SUB -PUD).
Upon roll call, the vote was:
AYES: 5 -Rodd, Sayad,
Chester, Smith, Bogusz
NAYS: 4-Haugeberg, Robinson,
Brookman, Charewicz
ABSENT: 0 -None
Motion declared carried.
Moved by Charewicz and seconded to concur with request of Petitioner to defer
this item until the Regular City Council Meeting of December 7, 2015. Motion
declared carried.
MAP
AMENDMENT/
783-841 LEE ST.:
Ordinance
Z-30-15
COND. USE/
MAJOR
VARIATION/
1529 RAND RD.:
Ordinance
Z-31-15
Page 7 of 7 10/5/15
Moved by Charewicz and seconded to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-30-15, AN
ORDINANCE APPROVING A ZONING MAP AMENDMENT AND A
PRELIMINARY PLAT OF PLANNED UNIT DEVELOPMENT FOR 783-841
LEE STREET, DES PLAINES, ILLINOIS (CASE #14 -073 -PUD -SUB -MAP).
Upon roll call, the vote was:
AYES: 5 -Rodd, Sayad,
Chester, Smith, Charewicz
NAYS: 3-Haugeberg, Robinson,
Brookman
ABSENT: 0 -None
Motion declared carried.
Moved by Charewicz and seconded to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-31-15, AN
ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND MAJOR
VARIATION FOR THE OPERATION OF A MOTOR VEHICLE SALES
ESTABLISHMENT ON A LOT LESS THAN 25,000 SQUARE FEET IN THE
C-3 ZONING DISTRICT AT 1529 RAND ROAD, DES PLAINES, ILLINOIS
(CASE #15 -058 -CU -V). Upon roll call, the vote was:
AYES: 6 -Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 2-Haugeberg, Robinson
ABSENT: 0 -None
Motion declared carried.
ADJOURNMENT: Meeting adjourned at 11:07 p.m.
Gloria J. Ludwig, MMC — CITY CLERK
APPROVED BY ME THIS
DAY OF
2015
Matthew J. Bogusz, MAYOR