05/18/2015MINUTES 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, MAY 18, 2015
CALL TO ORDER: The regular meeting of the City Council of the City
of Des Plaines, Illinois, was called to order by
Mayor Bogusz at 6:30 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center
on Monday, May 18, 2015.
ROLL CALL:
Roll call indicated the following aldermen physically
present: Robinson, Rodd, Sayad, Brookman, Chester,
Smith, Charewicz.
Also present were: City Manager Bartholomew, Director of Finance
Wisniewski, Deputy Police Chief Burger, Fire Chief Wax, Director of
Public Works & Engineering Oakley, Director of Community Development
Sakas, Senior Planner Mangum, Recording Secretary Peterson and
General Counsel Friedman.
ALLOW ALD. BY Mayor Bogusz announced that a quorum is physically
TELEPHONE: present and the Alderman Haugeberg wishes to attend
the meeting by telephone conference due to a family
emergency. Pursuant to the Open Meetings Act, a
majority of the City Council may allow Alderman
Haugeberg to attend by telephone conference.
Moved by Brookman, seconded by Sayad, to allow
Alderman Haugeberg to attend the meeting by telephone
conference. Motion declared carried.
EXECUTIVE Moved by Chester, seconded by Rodd, to go into
SESSION: Executive Session to discuss Personnel. 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 6:32 p.m.
The City Council reconvened at 7:09 p.m.
Roll call indicated the following Aldermen present:
Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester,
Smith, Charewicz.
PRAYER AND
PLEDGE:
5/18/15
PAGE TWO
The opening prayer was given by Nancy Peterson,
followed by the Pledge of Allegiance to the Flag.
COMMITTEE ON Moved by Robinson, seconded by Chester, to elect
COMMITTEES: Aldermen Sayad and Smith as Co -Chairmen of the
Committee on Committees. 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.
CITIZEN
PARTICIPA.:
Mr. Max Galic addressed the City Council and spoke
again the installation of Smart Meters.
Mr. Wharton Sinclair addressed the City Council
stating that the Des Plaines Bike and Pedestrian
Advisory Committee will hold their River Trial Bike
Ride on September 12, 2015.
Mr. Wayne Serbin addressed the City Council stating
that the City of Evanston's Sister City is Belize and
the Honorary Consul is located in Des Plaines; he
encouraged the Mayor to meet with them.
CONSENT Moved by Robinson, seconded by Rodd, to establish a
AGENDA: Consent Agenda except for Items 1, 2, 7 and 7a.
Motion declared carried.
MINUTES:
Moved by Chester, seconded by Smith, 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;
Resolution R-92-15 was adopted.
Moved by Rodd, seconded by Sayad, to DEFER minutes of
the Regular Meeting of the City Council held April
20, 2015 until the June 1, 2015 City Council meeting.
Motion declared carried.
Moved by Rodd, seconded by Sayad, to DEFER minutes of
the Regular Meeting of the City Council held May 4,
2015 until the June 1, 2015 City Council Meeting.
Motion declared carried.
CONTRACT
AMENDMENT/
REPUBLIC SVCS:
Consent
Agenda
Resolution
M-92-15
ADVERTISE FOR
BIDS:
Consent
Agenda
CONTRACT
AMENDMENT/
FARMERS
MARKET:
Resolution
R-94-15
5/18/15
PAGE THREE
Moved by Chester, seconded by Smith, to concur with
Staff recommendation to approve contract amendment
between the City and Republic Services; and further
recommend to adopt Resolution R-92-15, A RESOLUTION
APPROVING A FIRST AMENDMENT TO THE FRANCHISE
AGREEMENT BY AND BETWEEN THE CITY AND ALLIED WASTE
SERVICES OF NORTH AMERICA LLC (d/b/a REPUBLIC
SERVICES), FOR THE COLLECTION AND DISPOSAL OF SOLID
WASTE, YARD WASTE, AND RECYCLABLE MATERIALS. Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Chester, seconded by Smith, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for 2015 City Hall Lower Roof
Replacement and Masonry Repairs Project, returnable
by Wednesday, June 3, 2015. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Chester, seconded by Smith, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for 2015 City Hall Second Floor
Remodeling Project, returnable by Wednesday, June 3,
2015. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Chester, seconded by Smith, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for 2015 Northwest Highway
Landscape Improvements
Wednesday, June 3, 2015.
Project, returnable by
Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Sayad, to approve, in
the best interest of the City, revisions to the
agreement with Connie Groat and Monika Montemayor for
purposes of managing the 2015 Des Plaines Farmers'
Market; and further recommend to adopt Resolution R-
94-15; A RESOLUTION APPROVING A REVISED AGREEMENT
WITH CONNIE GROAT AND MONIKA MONTEMAYOR FOR THE
OPERATION OF A FARMERS MARKET. 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.
5/18/15
PAGE FOUR
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION
WARRANT Alderman Sayad stated that he will be abstaining from
REGISTER: approving the invoices included in the Warrant
Register of May 18, 2015 from Holland and Knight in
the total amount of $28,727.00.
Moved by Chester, seconded by Rodd, to recommend to
the City Council approval of the May 18, 2015 -
Warrant Register, in the total amount of
$2,441,454.71; and further recommend that Resolution
R-91-15 be adopted at appropriate time this evening.
Motion declared carried.
COMMUNITY DEVELOPMENT
MAJOR Senior Planner Mangum stated that the petitioner for
VARIATIONS/ 751 Graceland Avenue (Zoning Case #15-013-V) has
751 GRACELAND: requested that this item be deferred to the June 1,
2015 City Council Meeting.
Moved by Chester, seconded by Robinson, to DEFER
request by Over the Rainbow, 751 Graceland Avenue
(Zoning Case #15-013-V), to construct a multi -family
residential building in the R-4 Zoning District with
major variations to the June 1, 2015 City Council
meeting at the request of the petitioner. Motion
declared carried.
CONDITIONAL Senior Planner Mangum reviewed his memo of April 29,
USE/885-911 E. 2015, regarding a request for a modification to a
TOUHY AVE: Conditional Use permit under Section 7.3-6C of the
Zoning Ordinance, as amended, to construct and
operate a convenience mart fueling station in the C-3
Zoning District at 885-991 E. Touhy Avenue.
Attorney Kelly Bufton, Seyfarth-Shaw, LLP, Mr.
Patrick Devereaux, O'Hare Offices, Attorney Thomas
Burney, Zanck, Coen, Wright and Saladin, PC and Ms.
Kimberly Strnad, Corporate Design and Development
Group, LLC answered questions from the Aldermen.
995-991 E
TOUHY
(Cont' d. )
6b RENEWAL/
45 E.
BRADROCK DR.:
APPROVE COOK
COUNTY HOME
CONSORTIUM
PARTICIPATION:
5/18/15
PAGE FIVE
Moved by Brookman, seconded by Chester, to DEFER
request by Speedway, LLC, 885-991 Touhy Avenue (Case
#15 -017 -CU) to construct and operate a convenience
mart fueling station in the C-3 Zoning District to
the June 1, 2015 City Council meeting. Upon roll
call, the vote was:
AYES: 3-Haugeberg, Brookman, Chester
NAYS: 5 -Robinson, Rodd, Sayad, Smith, Charewicz
ABSENT: 0 -None
Motion declared FAILED.
Moved by Rodd, seconded by Smith, to concur with
recommendation of the Zoning Board of Appeals and
Staff, to approve request by Speedway, LLC, 885-991
Touhy Avenue (Case #15 -017 -CU) to construct and
operate a convenience mart fueling station in the C-3
Zoning District; and further recommend that Ordinance
Z-18-15 be placed on First Reading at appropriate
time this evening. Upon roll call, the vote was:
AYES: 3 -Robinson, Rodd, Smith
NAYS: 5-Haugeberg, Sayad, Brookman,
Chester, Charewicz
ABSENT: 0 -None
Motion declared FAILED.
Economic Development Coordinator Pruss reviewed
Director of Community and Economic Development Sakas'
memo of April 30, 2015, regarding a request from VIP
Tech Electric, Inc., to adopt a Resolution supporting
a 6b renewal application at 45 E. Bradrock Drive.
Moved by Charewicz, seconded by Sayad, to concur with
Staff recommendation to support and consent to the
filing of VIP Tech Electric, Inc.'s Class 6b renewal
application to the Cook County Assessor's Office; and
further recommend to adopt Resolution R-93-15 at
appropriate time this evening. Motion declared
carried.
Director of Community and Economic Development Sakas
reviewed his memo of May 8, 2015, regarding a request
by Cook County to participate in the HOME Investment
Partnerships Program.
Ms. Jane Hornstein, Bureau of Economic Development
for Cook County reviewed the HOME Program and its'
benefits to the City.
HOME CONS.
(Cont' d. )
5/18/15
PAGE SIX
Moved by Sayad, seconded by Robinson, to concur with
Staff recommendation to support Cook County's request
to participate in the HOME Investment Partnership
Program and execute Memorandum of Understanding; and
further recommend to adopt Resolution R-95-15 at
appropriate time this evening. Motion declared
carried.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
ORDINANCE Mr. Wayne Serbin addressed the City Council stating
Z-11-15/ that it's nice that City Staff has met with the local
CREATE C-7 residents; they have to live with this development.
ZONING
DISTRICT: Mr. Rich Einecker and Mr. George Cutro addressed the
City Council stating that they're thankful that City
Manager Bartholomew met with them; they still think
125' is too high for the buildings; setback should be
greater; this is a quality of life issue for the
local residents and compensation should to be offered
to homeowners.
Moved by Sayad, seconded by Charewicz, to adopt
Ordinance Z-11-15, AN ORDINANCE AMENDING THE TEXT OF
THE DES PLAINES ZONING ORDINANCE OF 1998 TO CREATE C-
7 HIGH DENSITY CAMPUS ZONING DISTRICT (CASE #14 -072 -
TA). 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.
ORDINANCE Moved by Chester, seconded by Charewicz, to adopt
Z-12-15/ Ordinance Z-12-15, AN ORDINANCE APPROVING A ZONING
MAP AMEND/ MAP AMENDMENT AND REZONING THE PROPERTIES LOCATED AT
2200-2400 2200, 2250, 2300, 2350-2360, 2400 E. DEVON AVENUE,
DEVON AVE." DES PLAINES, ILLINOIS FROM C-2 LIMITED OFFICE
COMMERCIAL ZONING DISTRICT TO C-7 HIGH DENSITY CAMPUS
COMMERCIAL DISTRICT (CASE #14 -071 -MAP). 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.
ORDINANCE
Z-16-15/
300 WESTERN
AVE. PUD:
WARRANT
REGISTER:
Resolution
R-91-15
MAJOR
VARIATIONS/
751 GRACELAND:
Ordinance
Z-17-15
CONDITIONAL
USE/885-911 E.
TOUHY AVE:
Ordinance
Z-18-15
5/18/15
PAGE SEVEN
Moved by Smith, seconded by Rodd, to adopt Ordinance
Z-16-15, AN ORDINANCE APPROVING A PRELIMINARY PLANNED
UNIT DEVELOPMENT WITH PERMITTED REAR SETBACK
EXCEPTIONS LOCATED AT 300 WESTERN AVENUE, DES
PLAINES, ILLINOIS (CASE #15 -007 -PUD -SUB). Upon roll
call, the vote was:
AYES:
NAYS:
6 -Rodd, Sayad, Brookman, Chester,
Smith, Charewicz
2-Haugeberg, Robinson
ABSENT: 0 -None
Motion declared carried.
Alderman Sayad stated that he will be abstaining from
approving the invoices included in the Warrant
Register of May 18, 2015 from Holland and Knight in
the total amount of $28,727.00.
Moved by Sayad, seconded by Rodd, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-91-15, 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: $2,441,454.71. 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 Haugeberg, seconded by Robinson, to concur
with recommendation of Committee of the Whole, to
DEFER request by Over the Rainbow, 751 Graceland
Avenue (Zoning Case #15-013-V), to construct a multi-
family residential building in the R-4 Zoning
District with major variations to the June 1, 2015
City Council meeting at the request of the
petitioner. Motion declared carried.
Moved by Haugeberg, seconded by Rodd, to approve
request by Speedway, LLC, 885-991 Touhy Avenue (Case
#15 -017 -CU -V) to construct and operate a convenience
mart fueling station in the C-3 Zoning District; and
further recommend that Ordinance Z-18-15 be placed on
First Reading, AN ORDINANCE AMENDING A CONDITIONAL
USE PERMIT FOR THE OPERAITON OF A CONVENIENCE MART
FUELING STATION AT 885-991 TOUHY AVENUE, DES PLAINES,
ILLINOIS. (CASE #14 -024 -CU -V).
885-991 TOUHY
(Cont' d. )
6b RENEWAL/
45 E.
BRADROCK DR.:
Resolution
R-93-15
APPROVE COOK
COUNTY HOME
CONSORTIUM
PARTICIPATION:
Resolution
R-95-15
ADJOURNMENT:
5/18/15
PAGE EIGHT
Moved by Sayad, seconded by Robinson, to adopt a
SUBSTITUTE motion, to DEFER request by Speedway, LLC,
885-991 Touhy Avenue (Case #15 -017 -CU -V) to construct
and operate a convenience mart fueling station in the
C-3 Zoning District to the June 1, 2015 City Council
meeting. Motion declared carried. Aldermen
Haugeberg and Rodd voted no.
Moved by Haugeberg, seconded by Sayad, to concur with
Committee of the Whole, to support and consent to the
filing of VIP Tech Electric, Inc.'s Class 6b renewal
application to the Cook County Assessor's Office; and
further recommend to adopt Resolution R-93-15, A
RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF
CLASS 6b CLASSIFICATION FOR THE PROPERTY LOCATED AT
45 EAST BRADROCK DRIVE. 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 Haugeberg, seconded by Chester, to concur
with Committee of the Whole to support Cook County's
request to participate in the HOME Investment
Partnerships Program and execute Memorandum of
Understanding; and further recommend
Resolution R-95-15, A RESOLUTION
PARTICIPATION IN THE COOK COUNTY HOME
Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
to adopt
APPROVING
CONSORTIUM.
ABSENT: 0 -None
Motion declared carried.
Moved by Sayad, seconded by Brookman, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 9:28 p.m.
00441
Gloria J. Lu wig, MMC
g ITY CLERK
APPROVED BY ME THIS g