09/19/2016MINUTES 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, SEPTEMBER 19, 2016
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, September 19, 2016.
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 City Manager/Director of Finance
Wisniewski, Director of Community and Economic Development McMahon, Economic Development
Coordinator Pruss, Fire Chief Wax, Deputy Police Chief Zaprzalka, Director of Public Works and
Engineering Oakley and General Counsel Friedman.
PRAYER AND The opening prayer was given by Nesreen Akhtarkhavari of the Des Plaines
PLEDGE: Baha'i, followed by the Pledge of Allegiance to the Flag of the United States of
America.
PRESENTATION: Emily, a representative from the Muscular Dystrophy Association, presented a
plaque of appreciation to the Des Plaines Firefighters for their "Fill -The -Boot"
fundraising efforts.
CITIZEN PART.: Resident Wayne Serbin addressed the City Council commenting on the Frisbie
Senior Center 40 year celebration.
Members of the Kiwanis Club addressed the City Council announcing Peanut
Day on September 23 and 24.
Residents Jim and Linda Forman addressed the City Council commenting on
high water bills.
Canmina Gomez from the Des Plaines History Center addressed the City Council
inviting everyone to the annual Dia de los Muertos celebration at the History
Center on October 29.
Student members of the Maine West High School "Voice for the Nameless"
addressed the City Council presenting signed petitions and read statements
urging the passage of a resolution supporting and welcoming refugees. Several
adults addressed the City Council giving their support of this effort.
Consideration of the resolution was referred to the Community Services
Committee.
CITY CLERK City Clerk Ludwig announced various community events taking place during
ANNOUNCEMENTS: September and October.
CONSENT
AGENDA:
APPROVE
OFFICERS FOR
HUD/CDBG
PROJECTS AND
PROGRAMS:
Consent
Agenda
Resolution
R-140-16
AWARD BID/
2017-2018
ELEVATOR
INSPECTION
SVCS. WITH
OPTION (2) TWO
YEAR
RENEWALS:
Resolution
R-141-16
AWARD BID/
PURCHASE/
PUBLIC WORKS/
2017 PICK-UP
TRUCK:
Consent
Agenda
Resolution
R-142-16
Page 2 of 9 9/19/16
Motion by Haugeberg, seconded by Robinson, to establish the Consent Agenda,
except for items 2, 2a, 5, 5a, 6, 6a, 9, 9a, 10 and 10a. Motion declared carried.
Motion by Rodd, seconded by Robinson, 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.
Staff recommendations and requests were approved; Resolutions R-140-16, R-
142-16, and R-143-16 were adopted; Minutes of the Regular Council Meeting of
September 6, 2016 and the Closed Session of September 6, 2016 were approved.
Moved by Rodd, seconded by Robinson, to concur with Staff recommendation to
approve the designation of a Certifying Officer and an Environmental Officer for
Environmental Review, as required by the United States Department of Housing
and Urban Development (HUD) for all CDBG Funded Projects and Programs;
and further recommend to adopt Resolution R-140-16, A RESOLUTION
DESIGNATING A CERTIFYING OFFICER AND AN ENVIRONMENTAL
OFFICER FOR THE CITY OF DES PLAINES. Motion declared carried as
approved unanimously under Consent Agenda.
Discussion was held.
Moved by Haugeberg, seconded by Charewicz, to direct Staff to amend
Resolution R-141-16, A RESOLUTION APPROVING A CONTRACT WITH
THOMPSON ELEVATOR INSPECTION SERVICES COMPANY FOR
ELEVATOR INSPECTION AND PLAN REVIEW SERVICES by awarding the
bid to the second lowest bidder, Elevator Inspection Services, and place the
amended resolution on the agenda for the next Regular Council Meeting of
October 3, 2016. Motion declared carried. Alderman Rodd was absent during
the vote.
Moved by Rodd, seconded by Robinson, to concur with Staff recommendation to
award bid for the fabrication and installation of a Service Body, Crane, and Up -
fitter package to Sauber Manufacturing Company, 10 North Sauber Road, Virgil,
Illinois in the amount of $83,760.00 and approve the purchase of one Ford F-450
Chassis through the Suburban Purchasing Cooperative Contract #145 from
Currie Motors, 9423 W. Lincoln Highway, Frankfort, Illinois in the amount of
$35,955.00 (Budgeted Funds — Vehicle Replacement Fund); and further
recommend to adopt Resolution R-142-16, A RESOLUTION AUTHORIZING
THE PURCHASE OF A 2017 FORD F-450 PICK-UP TRUCK FROM CURRIE
MOTORS AND APPROVING AN AGREEMENT WITH SAUBER
MANUFACTURING COMPANY FOR THE FABRICATION AND
APPROVE
EXPENDITURE
OF FUNDS/ FEMA
HAZARD
MITIGATION
GRANT 4116:
Consent
Agenda
Resolution
R-143-16
APPROVE AGR./
ANNUAL AUDIT
SVCS./ 2016-2018:
Resolution
R-145-16
AMEND CITY
CODE/ ADD
POSITION:
Ordinance
M-26-16
MINUTES/
REGULAR MTG.:
Consent
Agenda
Page 3 of 9 9/19/16
INSTALLATION OF A SERVICE BODY, CRANE AND UP -FIT PACKAGE.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Robinson, to concur with Staff recommendation to
approve expenditure of funds in accordance with FEMA Hazard Mitigation Grant
4116 as approved by Resolution R-134-15; and further recommend to adopt
Resolution R-431-16, A RESOLUTION AUTHORIZING THE PURCHASE OF
TEN PROPERTIES LOCATED ON BIG BEND DRIVE, DES PLAINES,
ILLINOIS. Motion declared carried as approved unanimously under Consent
Agenda.
Discussion was held.
Moved by Chester, seconded by Sayad, to approve agreement with Crowe
Horwath, LLP to provide annual audit services for fiscal years 2016 through 2018
in the not -to -exceed amount of $172,080.00 (Budgeted Funds — General Fund);
and adopt Resolution R-145-16, A RESOLUTION APPROVING A
CONTRACT WITH CROWE HORWATH, LLP, FOR PROFESSIONAL
AUDIT SERVICES. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1 -Rodd
Motion declared carried.
Discussion was held.
Moved by Haugeberg, seconded by Robinson, to direct Staff to remove
"Assistant Director of Economic Development" from Schedule A and place on
First Reading Ordinance M-26-16, AN ORDINANCE AMENDING CHAPTER
8 OF TITLE 1 OF THE CITY OF DES PLAINES CITY CODE. Upon roll call,
the vote was:
AYES: 6-Haugeberg, Robinson, Sayad,
Brookman, Chester, Charewicz
NAYS: 2 -Rodd, Smith
ABSENT: 0 -None
Motion declared carried.
Moved by Rodd, seconded by Robinson, to approve Minutes of Regular City
Council Meeting of September 6, 2016, as published. Motion declared carried as
approved unanimously under Consent Agenda.
MINUTES/
CLOSED
SESSION:
Consent
Agenda
APPROVE
RECIPROCAL
EASEMENTS/
COVENANTS
AGR./
ROSEMONT
PARK DIST, AND
OUTFRONT
MEDIA, LLC/
TIF #7:
Resolution
R-148-16
MOTION TO
RECONSIDER
VOTE:
APPROVE
RECIPROCAL
EASEMENTS/
COVENANTS
AGR./
ROSEMONT
PARK DIST, AND
OUTFRONT
MEDIA, LLC/
TIF #7:
Resolution
R-148-16
APPROVE
RECIPROCAL
EASEM ENTS/
COVENANTS
AGR./ O'HARE
Page 4 of 9 9/19/16
Moved by Rodd, seconded by Robinson, to approve Minutes of the Closed
Session of September 6, 2016. Motion declared carried as approved unanimously
under Consent Agenda.
Discussion was held.
Moved by Rodd, seconded by Charewicz, to adopt Resolution R-148-16, A
RESOLUTION APPROVING A RECIPROCAL EASEMENTS AND
COVENANTS AGREEMENT WITH THE ROSEMONT PARK DISTRICT
AND OUTFRONT MEDIA, LLC.
Moved by Brookman, seconded by Sayad, to adopt a substitute motion to defer
Resolution R-148-16 to the next Regular City Council Meeting on October 3,
2016. Upon roll call, the vote was:
AYES: 5-Haugeberg, Robinson, Sayad,
Brookman, Chester
NAYS: 3 -Rodd, Smith, Charewicz
ABSENT: 0 -None
Motion declared carried.
Moved by Haugeberg, seconded by Robinson, to reconsider the vote on
Resolution R-148-16. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Chester, Smith, Charewicz
NAYS: 1 -Brookman
ABSENT: 0 -None
Motion declared carried.
Moved by Haugeberg, seconded by Robinson, to adopt Resolution R-148-16, A
RESOLUTION APPROVING A RECIPROCAL EASEMENTS AND
COVENANTS AGREEMENT WITH THE ROSEMONT PARK DISTRICT
AND OUTFRONT MEDIA, LLC. Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Rodd,
Chester, Smith, Charewicz
NAYS: 2-Sayad, Brookman
ABSENT: 0 -None
Motion declared carried.
Moved by Charewicz, seconded by Rodd, to adopt Resolution R-149-16, A
RESOLUTION APPROVING A RECIPROCAL EASEMENTS AND
COVENANTS AGRIEMENT WI"I'II O'IIARE REAL ESTATE, LLC. Upon
roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Rodd,
REAL ESTATE/
TIF #7:
Resolution
R-149-16
WARRANT
REGISTER:
DISCUSSION/
PRESENTATION/
WATER/SEWER
FUND:
VARIATIONS/
RESUBDIVISION/
1555-1557 & 1565
ELLINWOOD
AVENUE:
Page 5 of 9 9/19/16
Chester, Smith, Charewicz
NAYS: 2-Sayad, Brookman
ABSENT: 0 -None
Motion declared carried.
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 objects to paying invoices from Holland & Knight
because we could get them cheaper by an outside or in house service.
Moved by Haugeberg, seconded by Charewicz, to recommend to the City
Council approval of the September 19, 2016 — Warrant Register, in the total
amount of $4,356,524.61; and further recommend that Resolution R-146-16 be
adopted at appropriate time this evening. Motion declared carried. Alderman
Sayad did not agree.
Under Committee of the Whole, Finance & Administration, Item lb, it was the
consensus of the Council to move the discussion of the Water/Sewer Fund to the
agenda of the next Regular City Council Meeting on October 3, 2016. There
were no objections.
COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair
Economic Development Coordinator Pruss reviewed her Memorandum of
September 13, 2016 regarding a request by Opus Development Company which
proposes to construct 113 multi -family units in the C-5 Zoning District located at
1555-1557 and 1565 Ellinwood Street (Case #16 -050 -V -SUB). The petitioner is
requesting approval of a tentative and final plat of consolidation and a major
variation of the 1998 City of Des Plaines Zoning Ordinance Section 12-7-3.5.e.2
which requires a minimum Lot Area of 150,600 square feet, where the applicant
is providing 57,342 square feet.
The Planning and Zoning Board recommended (7-0) that the City Council
approve the proposed final plat and final planned unit development, subject to
conditions.
Coordinator Pruss and City Manager Bartholomew answered questions from the
Aldermen.
Mr. Sean Spellman of Opus Development Company and Ms. Gretchen Camp of
Elness Swenson Graham Architects appeared before the City Council to answer
questions.
1555-1557 & 1565
ELLINWOOD
AVENUE:
(Cont' d)
COND. USE
PERMIT/
STANDARD
VARIATION/ 1900
EAST TOUHY
AVE.:
PROPOSED
THEATRE/
RESTAURANT
DISTRICT
BUSINESS
ASSISTANCE
PROGRAM:
Page 6 of 9 9/19/16
Moved by Rodd, seconded by Smith, to recommend to the City Council approval
of the variations and resubdivision, subject to conditions for Opus Development
Company located at 1555-1557 and 1565 Ellinwood Street at appropriate time
this evening. Motion declared carried.
Economic Development Coordinator Pruss reviewed her Memorandum of
August 30, 2016 regarding a request by Petitioner Lambrini Georgantas who is
requesting (i) a conditional use permit under Section 12-7-3.K of the 1998 City
of Des Plaines Zoning Ordinance, as amended, to allow a drive-through facility
at 1900 East Touhy Avenue located in the C-3 General Commercial District of
the City, and (ii) a standard variation pursuant to 3-6(F) of the 1998 Des Plaines
Zoning Ordinance, as amended, to reduce the one-way travel lane from the
required 12 feet to 10 feet (Case #16 -052 -CU -V). Ms. Pruss answered questions
from the Aldermen.
The Community and Economic Development Department recommends approval
of the requested conditional use permit to allow a drive-through facility at 1900
East Touhy Avenue located in the C-3 General Commercial District of the City,
and the requested standard variation to reduce the one-way travel lane from the
required 12 feet to 10 feet.
The Planning and Zoning Board, after having heard and fully considered the
evidence, voted (7-0) to recommend approval of the standard Variance and
conditional use permit subject to a condition that the speaker for the drive-
through order board be positioned away from the existing residential property to
the north to the greatest extent possible.
Moved by Chester, seconded by Brookman, to recommend to the City Council
approval of the Conditional Use Permit and Standard Variation, subject to a
condition for Petitioner Lambrini Georgantas located at 1900 East Touhy Avenue
at appropriate time this evening. Motion declared carried.
The discussion regarding the Business Assistance Program Modification — New
Theatre and Restaurant District Program and Resolution R-147-16 was deferred
to the Special City Council Meeting of September 29, 2016 under Unfinished
Business. There were no objections.
Moved by Sayad, seconded by Brookman, to discuss Item 3a under Legal &
Licensing Committee regarding Modification of the Code of Ethics first before
discussing the Business Assistance Program Modification — New Theatre and
Restaurant District Program and Resolution R-147-16. Motion declared carried.
Alderman Smith did not agree.
LEGAL AND LICENSING — Alderman Haugebcrg, Chair
DISCUSSION/
MODIFICATION
OF CODE OF
ETHICS:
UNFINISHED
BUSINESS:
AWARD BID/
TIF #1
STREETSCAPE
IMPROV'S. —
PHASE III:
Resolution
R-131-16
APPROVE
AGREEMENT/
TIF #1
STREETSCAPE
IMPROV'S. —
PHASE III —
ENG. SVCS. —
CHANGE ORDER
NO. 1 TO TASK
ORDER #3:
Resolution
R-132-16
ORDINANCE
Z-23-16
FINAL PUD/
FINAL PLAT
SUBDIVISION/
800 NORTHWEST
HGHWY:
Page7of9 9/19/16
Discussion was held.
Alderman Haugeberg proposed that the Code of Ethics be amended to include
the principals of each company with which the City does business in the amount
of $10,000 or more and for twelve consecutive months.
It was the consensus of the Aldermen to place this item on the agenda for the next
Regular City Council Meeting of October 3, 2016.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
Moved by Haugeberg, seconded by Robinson, to adopt Resolution R-131-16, A
RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH
LORUSSO CEMENT CONTRACTORS, INC., FOR TIF #1 DOWNTOWN
STREETSCAPE PHASE III PROJECT. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Chester, Smith, Charewicz
NAYS: 1 -Brookman
ABSENT: 0 -None
Motion declared carried.
Moved by Haugeberg, seconded by Rodd, to adopt Resolution R-132-16, A
RESOLUTION APPROVING CHANGE ORDER NO. 1 TO TASK ORDER
NO. 3 UNDER A MASTER CONTRACT WITH SPACECO, INC., FOR
ENGINEERING SERVICES. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Chester, Smith, Charewicz
NAYS: 1 -Brookman
ABSENT: 0 -None
Motion declared carried.
Mr. Chris Coleman of Buckingham Properties appeared before the City Council
to answer questions from the Aldermen.
Moved by Sayad, seconded by Rodd, to adopt Ordinance Z-23-16, AN
ORDINANCE APPROVING A FINAL PLAT OF PLANNED UNIT
DEVELOPMENT WITH A PERMITTED EXCEPTION AND A FINAL PLAT
OF SUBDIVISION FOR THE PROPERTY LOCATED AT 800 NORTHWEST
HIGHWAY, DES PLAINES, ILLINOIS. (Case #16-048-FPUD-FSUB). Upon
roll call, the vote was:
AYES: 6 -Robinson, Rodd, Sayad,
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-146-16
VARIATIONS/
RESUBDIVISION/
1555-1557 & 1565
ELLINWOOD
AVENUE:
Ordinance
Z-24-16
COND. USE
PERMIT/
STANDARD
VARIATION/ 1900
EAST TOUHY
AVE.:
Ordinance
Z-25-16
ORDINANCE
Z-25-16
COND. USE
PERMIT/
STANDARD
VARIATION/ 1900
Page 8 of 9 9/19/16
Chester, Smith, Charewicz
NAYS: 2-Haugeberg, Brookman
ABSENT: 0 -None
Motion declared carried.
Moved by Smith, seconded by Haugeberg, to concur with recommendation of
Committee of the Whole to adopt Resolution R-146-16, 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: $4,356,524.61. 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 Charewicz, seconded by Smith, to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-24-16, AN
ORDINANCE APPROVING TENTATIVE AND FINAL PLATS OF
CONSOLIDATION AND A MAJOR VARIATION FROM SECTION 12-7-
3.5.E.2 OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 1555-
1557 AND 1565 ELLINWOOD AVENUE, DES PLAINES, ILLINOIS. (CASE
#16 -050 -V -SUB). 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 Charewicz, seconded by Sayad, to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-25-16, AN
ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE
OPERATION OF A CLASS B RESTAURANT WITH A DRIVE-THROUGH
FACILITY 1N THE C-3 ZONING DISTRICT AT 1900 TOUHY AVENUE,
DES PLAINES, ILLINOIS. (CASE #16 -052 -CU -V). Motion declared carried.
Moved by Charewicz, seconded by Sayad, to advance to Second Reading and
adopt Ordinance Z-25-16, AN ORDINANCE GRANTING A CONDITIONAL
USE PERMIT FOR THE OPERATION OF A CLASS B RESTAURANT WITH
A DRIVE-THROUGH FACILITY IN THE C-3 ZONING DISTRICT AT 1900
TOUHY AVENUE, DES PLAINES, ILLINOIS. (CASE #16 -052 -CU -V). Upon
roll call, the vote was:
Page 9 of 9 9/19/16
EAST TOUHY AYES: 7-Haugeberg, Robinson, Sayad,
AVE.: Brookman, Chester, Smith, Charewicz
NAYS: 1 -Rodd
ABSENT: 0 -None
Motion declared carried.
PROPOSED The matter of the Business Assistance Program Modification — New Theatre and
THEATRE/ Restaurant District Program and Resolution R-147-16 was deferred to the Special
RESTAURANT City Council Meeting of September 29, 2016 under Unfinished Business.
DISTRICT
BUSINESS
ASSISTANCE
PROGRAM:
There being no further business, the meeting adjourned at 11:20 p.m.
APPROVED BY ME THIS
DAY OF
Matthew
L
A
Gloria J. Lu wig, MMC — C g7 CLERK