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10/19/2015CALL TO ORDER: ROLL CALL: Also present were: Wisniewski, Director Director of Public Wo Counsel Friedman. EXECUTIVE SESSION: PRAYER AND PLEDGE: CITIZEN PART.: CITY CLERK ANNOUNCEMENTS: CONSENT AGENDA: MINUTES 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 19, 2015 The regular meeting of the City Council of the City of Des Plaines, Illinois, was 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 19, 2015. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present. City Manager Bartholomew, Assistant City Manager/Director of Finance of Community and Economic Development Sakas, Senior Planner Mangum, rks and Engineering Oakley, Fire Chief Wax, Police Chief Kushner, and General Moved by Sayad and seconded to go into Executive Session to discuss Collective Bargaining, Specific City Employees, 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 7:07 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present. The opening prayer was given by City Clerk Ludwig, followed by the Pledge of Allegiance to the Flag of the United States of America. Resident Dolores Vels addressed the City Council commenting on garbage put out by residents ahead of the scheduled pick up; she requested that the residents be notified of garbage regulations. City Clerk Ludwig made the following announcements: • There are numerous productions scheduled at the Leela Theater; • The annual Have a Safe Halloween will take place on October 24th at 10 a.m.; and • Des Plaines Youth Commission will host a Halloween Festival at Prairie Lakes on October 24th at 6 p.m. Motion by Charewicz and seconded to establish the Consent Agenda except for Items 4 and 4a. Motion declared carried. MINUTES: Consent Agenda APPROVE CITYWIDE AMENDMENT/ ALLOW GOATS AND SHEEP: Ordinance M-21-15 APPROVE PAYMENT FOR EMERGENCY WATER MAIN REPAIR/ 1700 HIGGINS RD.: Consent Agenda Resolution R-173-15 Page 2 of 7 10/19/15 Motion by Rodd 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-21-15 was placed on First Reading; Resolutions R-172-15, R-173- 15, R-174-15 and R-177-15 were adopted; and Ordinance M-19-15 was adopted. Moved by Rodd and seconded to approve Minutes of the Executive Session of the City Council held October 5, 2015. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd and seconded to approve the Minutes of the Regular Meeting of the City Council held October 5, 2015. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd and seconded to approve the Minutes of the Regular Meeting of the City Council held September 21, 2015. Motion declared carried as approved unanimously under Consent Agenda. Discussion was held. Moved by Rodd and seconded to concur with Staff recommendation to approve Citywide amendment to Title 6 "Police Regulations", Chapter 1, "Animal Control", Section 1, "Animals Restricted Within City", "Paragraph C" of the Des Plaines City Code to Allow Goats and Sheep for Educational Purposes; and further recommend to place on First Reading Ordinance M-21-15, AN ORDINANCE AMENDING SECTION 1 OF CHAPTER 1 OF TITLE 6 OF THE CITY CODE REGARDING THE KEEPING OF CERTAIN ANIMALS WITHIN THE CITY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd and seconded to concur with Staff recommendation to approve payment to John Neri Construction Co., Inc., 770 Factory Road, Addison, Illinois 60101 in the amount of $55,172.96 for Emergency Water Main Repair at 1700 Higgins Road (Budgeted Funds — Water Fund/Miscellaneous Contractual Services); and further recommend to adopt Resolution R-173-15, A RESOLUTION RATIFYING AN EMERGENCY PROCUREMENT AND APPROVING AN EXPENDITURE FOR EMERGENCY WATER MAIN REPAIR. Motion declared carried as approved unanimously under Consent Agenda. APPROVE AGR./ OPERATION NORTH POLE/ TEMP. STORAGE SPACE: Consent Agenda Resolution R-174-15 REJECT ALL BIDS/ APPROVE BIDDING/ LEAK DETECTION WATER MAINS/ VALVES: Consent Agenda Resolution R-172-15 APPROVE ADD'L. EXPENDITURE/ 875 SEEGERS RD.: Consent Agenda Resolution R-177-15 ORDINANCE M-19-15 APPROVE ANNUAL LIQ. LIC. MAINT.: Consent Agenda WARRANT REGISTER: Page 3 of 7 10/19/15 Moved by Rodd and seconded to concur with Staff recommendation to approve agreement with Operation North Pole, Inc. for temporary storage space from October 20, 2015 through December 20, 2015 in connection with Operation North Pole Event; and further recommend to adopt Resolution R-174-15, A RESOLUTION APPROVING A LICENSE AGREEMENT WITH OPERATION NORTH POLE, INC., TO PERMIT THE TEMPORARY USE OF 1486 AND 1486-1/2 MINER STREET FOR THE STORAGE OF TOYS AND CHILDREN'S COATS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd and seconded to concur with Staff recommendation to reject all bids opened on September 4th, 2015 and approve the bidding for leak detection of water mains and assessment of valves to be re -advertised; and further recommend to adopt Resolution R-172-15, A RESOLUTION REJECTING ALL BIDS FOR LEAK DETECTION AND VALVE ASSESSMENT WORK. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd and seconded to concur with Staff recommendation to approve additional expenditure of $350,000.00 with John Neri Construction Co., Inc., 770 Factory Road, Addison, Illinois for completion of removal of illegal fill from 875 Seegers Road (General Fund/Fund Balance); and further recommend to adopt Resolution R-177-15, A RESOLUTION APPROVING AN ADDITIONAL EXPENDITURE UNDER A CONTRACT WITH JOHN NERI CONSTRUCTION CO., INC., FOR EXCAVATION AND REMOVAL OF ILLEGAL LANDFILL AT 875 SEEGERS ROAD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd and seconded to adopt 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. 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 & might because we could get them cheaper by an outside or in house service. COND. USE/ MAJOR VARIATION/ 959-997 LEE ST.: AMEND ANNUAL REG'N. FEE FOR CENTRAL STA./LOCAL ALARM SYSTEMS: UNFINISHED BUSINESS: ORDINANCE Z-25-15 MAP AMENDMENT/ 800 EAST NORTHWEST HIGHWAY: Page 4 of 7 10/19/15 Moved by Haugeberg and seconded to recommend to the City Council approval of the October 19, 2015 — Warrant Register, in the total amount of $2,894,265.74; and further recommend that Resolution R-175-15 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair Senior Planner Mangum reviewed his Memorandum dated September 30, 2015 regarding consideration by Petitioner Edward Soske, 959 Lee Street, Des Plaines, Illinois 60016 of a Conditional Use permit under Section 12-7.3-F-3 and a Major Variation to Section 12-7-3-F-4 of the 1998 City of Des Plaines Zoning Ordinance, as amended to construct an assisted living facility with a building height of approximately 60'-6" to the midpoint of roof, instead of not higher than 45' in the C-3 Zoning District, Case #15 -064 -CU -V. At its September 29, 2015, the Zoning Board of Appeals recommended (5-1) that the City Council approve the Conditional Use permit and Major Variation for the establishment of an Assisted Living Facility subject to conditions of approval proposed by Staff. Senior Planner Mangum answered questions from the Aldermen. Petitioner Soske appeared before the City Council to answer questions. Discussion was held. Moved by Haugeberg and seconded to recommend to the City Council approval of Ordinance Z-32-15 at appropriate time this evening. Motion declared carried. PUBLIC SAFETY — Alderman Sayad, Chair Discussion was held. Moved by Haugeberg and seconded to recommend to the City Council approval of M-20-15 at appropriate time this evening. Motion declared carried. Aldermen Rodd and Charewicz did not agree. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Director of Community and Economic Development Sakas reviewed the petition submitted by Petitioner Buckingham Properties, Inc., d/b/a Dearborn Buckingham regarding a Map Amendment, Preliminary Planned Unit Development and Tentative Plat of Subdivision at 800 E. Northwest Highway, Case #15 -024 -MAP -SUB -PUD. ORDINANCE Z-31-15 COND. USE/ MAJOR VARIATION/ 1529 RAND RD.: NEW BUSINESS: WARRANT REGISTER: Resolution R-175-15 COND. USE/ MAJOR VARIATION/ 959-997 LEE ST.: Ordinance Z-32-15 Page 5 of 7 10/19/15 Moved by Smith and seconded to adopt 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. Petitioner Adam Jidd addressed the City Council answering questions from the Aldermen. Moved by Charewicz and seconded to adopt 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. Moved by Smith and seconded to concur with recommendation of Committee of the Whole to adopt Resolution R-175-15, 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: $2,894,265.74. 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 Smith and seconded to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-32-15, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND MAJOR VARIATION FOR AN ASSISTED LIVING FACILITY IN THE C-3 ZONING DISTRICT AT 959-997 LEE STREET, DES PLAINES, ILLINOIS. (Case #15 -064 -CU -V). Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, ORDINANCE Z-32-15 COND. USE/ MAJOR VARIATION/ 959-997 LEE ST.: AMEND ANNUAL REGISTRATION FEE FOR ALARM SYSTEMS: Ordinance M-20-15 ORDINANCE M-20-15 AMEND ANNUAL REGISTRATION FEE FOR ALARM SYSTEMS: CANCEL SPECIAL MEETING/ BUDGET HEARING: Page 6 of 7 10/19/15 Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Robinson and seconded to advance to Second Reading and adopt Ordinance Z-32-15, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND MAJOR VARIATION FOR AN ASSISTED LIVING FACILITY IN THE C-3 ZONING DISTRICT AT 959-997 LEE STREET, DES PLAINES, ILLINOIS. (Case #15 -064 -CU -V). Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Rodd, Sayad, Chester, Charewicz NAYS: 2 -Brookman, Smith ABSENT: 0 -None Motion declared carried. Moved by Sayad and seconded to concur with recommendation of Committee of the Whole to place on First Reading Ordinance M-20-15, AN ORDINANCE AMENDING SECTION 5-7-10 OF THE DES PLAINES CITY CODE REDUCING ALARM REGISTRATION FEES. 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 Sayad and seconded to advance to Second Reading and adopt Ordinance M-20-15, AN ORDINANCE AMENDING SECTION 5-7-10 OF THE DES PLAINES CITY CODE REDUCING ALARM REGISTRATION FEES. 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 Brookman and seconded to cancel Special Meeting — Budget Hearing of Wednesday, October 21, 2015. Upon roll call, the vote was: AYES: 3-Haugeberg, Brookman, Chester NAYS: 5 -Robinson, Rodd, Sayad, Smith, Charewicz ABSENT: 0 -None Motion declared failed. ADJOURNMENT: Meeting adjourned at 8:12 p.m. Page 7 of 7 10/19/15 Gloria J. Lu wig, MMC — C Y CLERK APPROVED BY ME THIS c)/1s1