08/03/2015CALL TO
ORDER:
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, AUGUST 3, 2015
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Mayor Bogusz at 7:00 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, August 3, 2015.
ROLL CALL: Roll call indicated the following Aldermen physically present: Robinson, Rodd,
Sayad, Brookman, Chester, Smith and Charewicz.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance
Wisniewski, Director of Community and Economic Development Sakas, Economic Development
Coordinator Pruss, Senior Planner Mangum, Fire Chief Wax, Police Chief Kushner, and General Counsel
Friedman.
ALLOW
ALDERMAN TO
PARTICIPATE BY
TELEPHONE
CONFERENCE:
PRAYER AND
PLEDGE:
PRESENTATION:
CITY CLERK
ANNOUNCEMENTS:
INTRODUCTION:
Mayor Bogusz announced that a quorum is physically present and that Alderman
Haugeberg wanted to attend this 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 this meeting by telephone conference.
Moved by Sayad, seconded by Brookman, to allow Alderman Haugeberg to
attend this meeting by telephone conference. Upon roll call, the vote was:
AYES: 7 -Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1-Haugeberg
Motion declared carried.
The opening prayer was given by Roberta Hemmati of the Baha'i Community,
followed by the Pledge of Allegiance to the Flag of the United States of America.
Fire Chief Wax introduced Ms. Tara Pink of the Muscular Dystrophy
Association (MDA). Ms. Pink presented a Certificate of Appreciation to
Firefighter/Paramedic Joe Ciraulo who accepted it on behalf of the Des Plaines
Professional Firefighters Union which conducted a Fill -the -Boot drive in the City
to raise funds for the MDA.
City Clerk Ludwig introduced Laura Fast to the City Council as her new Deputy
City Clerk, whom she appointed on July 23, 2015, and who is empowered to
execute all documents required by law to be executed by the City Clerk and may
affix the seal of the City wherever required, in the City Clerk's absence.
(.*-Lbf
Laura Fast, Deputy City Clerk
City Clerk Ludwig made the following announcements:
CITY CLERK
ANNOUNCEMENTS:
(Cont'd)
CITIZEN PART.:
CONSENT
AGENDA:
Page 2 of 9 8/3/15
• A collection box for the project "Adrian Loves Legos" is located in the
Police Station and a box will be dropped off at each of the three fire
stations;
• The last movie of the summer "ET" is being sponsored by the Optimist
Club on Friday, August 7 at 7:30 p.m. at Lake Park;
• The playoff games of the Des Plaines Youth Commission Co-Rec
Softball is on Saturday, August 8 at Rand Park;
• Maine Community Youth Assistance Foundation is inviting the public to
attend a discussion "What Choices Will You Make?" on Thursday,
August 13, 2015 at 7 p.m. at Mary, Seat of Wisdom School in Park Ridge
and a Community Heroes Dinner will be held on Thursday, September
17 at 6:00 p.m. at Cafe' La Cave.
Resident Mark Bittner a member of the Metropolitan Water Reclamation District
and the Des Plaines Pedestrian Advisory Committee addressed the City Council
recalling the recent accidents which occurred in the crosswalk on Miner Street
and reviewing the various policies adopted by the City regarding calming traffic
areas.
Motion by Rodd, seconded by Smith, to establish the Consent Agenda. Motion
declared carried.
Motion by Charewicz, 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.
Minutes were approved; Staff recommendations and requests were approved;
Ordinance M-15-15 was placed on First Reading; Resolutions R-112-15, R-135-
15, R-136-15, R-137-15, R-138-15, R-139-15, R-140-15 and R-142-15 were
adopted; and Ordinances M-14-15 and Z-24-15 were adopted.
MINUTES: Moved by Charewicz, seconded by Robinson, to approve Minutes of the Special
Consent Meeting of the City Council held July 14, 2015, as published. Motion declared
Agenda carried as approved unanimously under Consent Agenda.
Moved by Charewicz, seconded by Robinson, to approve Minutes of the
Executive Session of the City Council held July 14, 2015. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Charewicz, seconded by Robinson, to approve Minutes of the Regular
Meeting of the City Council held July 20, 2015, as published. Motion declared
carried as approved unanimously under Consent Agenda.
ADOPT POTABLE
GROUNDWATER
USE
RESTRICTION/
509 NORTH
THIRD AVE.:
Consent
Agenda
Ordinance
M-15-15
AWARD BID/
CITY WEBSITE
SERVICES:
Consent
Agenda
Resolution
R-112-15
APPROVE
PURCHASE/
POLICE DEPT./
ANIMAL
CONTROL
VEHICLE:
Consent
Agenda
Resolution
R-135-15
APPROVE
PURCHASE/
POLICE DEPT.
VEHICLES:
Consent
Agenda
Resolution
R-136-15
Page 3 of 9 8/3/15
Moved by Charewicz, seconded by Robinson, to approve Minutes of the
Executive Session of the City Council held July 20, 2015. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Charewicz, seconded by Robinson, to concur with Staff
recommendation to adopt Potable Groundwater Use Restriction Ordinance for
509 North Third Avenue; and further recommend to place on First Reading
Ordinance M-15-15, AN ORDINANCE PROHIBITING THE USE OF
GROUNDWATER AS A POTABLE WATER SUPPLY BY THE
INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY
ANY OTHER METHOD AT 509 NORTH THIRD AVENUE IN THE CITY OF
DES PLAINES. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Charewicz, seconded by Robinson, to concur with Staff
recommendation to award bid for City website services to Civica Software,
10955 Vista Sorrento Parkway, Suite 100, San Diego, California 92130 at a cost
not -to -exceed $49,845.00; and further recommend to adopt Resolution R-112-
15, A RESOLUTION APPROVING AN AGREEMENT WITH CIVICA
SOFTWARE, INC., FOR WEBSITE DESIGN, DEVELOPMENT HOSTING,
AND SUPPORT SERVICES. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Charewicz, seconded by Robinson, to concur with Staff
recommendation to approve purchase of One (1) Ford F-150 from Roesch Ford,
333 West Grand Avenue, Bensenville, Illinois 60106 at a cost not -to -exceed
$30,940.00 (Budgeted Funds — Police Equipment Replacement Fund); and
further recommend to adopt Resolution R-135-15, A RESOLUTION
AUTHORIZING THE PURCHASE OF A 2015 FORD F-150 PICKUP TRUCK
FROM ROESCH FORD OF BENSENVILLE, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Charewicz, seconded by Robinson, to concur with Staff
recommendation to approve purchase of seven (7) Ford Police Interceptor Utility
Vehicles from Currie Motors, 9423 W. Lincoln Highway, Frankfort, Illinois
60421 at a cost not -to -exceed $185,481.00 (Budgeted Funds — Police Equipment
Replacement Fund); and further recommend to adopt Resolution R-136-15, A
RESOLUTION AUTHORIZING THE PURCHASE OF SEVEN 2016 FORD
UTILITY POLICE INTERCEPTOR VEHICLES FROM CURRIE MOTORS
OF FRANKFORT, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
APPROVE
PURCHASE/
POLICE DEPT./
DEA TASK
FORCE
VEHICLE:
Consent
Agenda
Resolution
R-137-15
APPROVE PY
2015-2019 CDBG
CONSOLIDATED
PLAN:
Consent
Agenda
Resolution
R-138-15
APPROVE CDBG
PROGRAM YEAR
2015 ANNUAL
ACTION PLAN:
Consent
Agenda
Resolution
R-139-15
AWARD BID/
REMEDIATION
CONTRACT/ 875
SEEGERS RD.:
Consent
Agenda
Resolution
R-140-15
APPROVE AGR./
FINANCE DEPT./
ACCOUNTS
RECEIVABLE
ELECTRONIC
LOCKBOX SVCS.:
Consent
Page 4 of 9 8/3/15
Moved by Charewicz, seconded by Robinson, to concur with Staff
recommendation to approve purchase of one (1) Ford F-150 from Roesch Ford,
333 Grand Avenue, Bensenville, Illinois 60106 at a cost not -to -exceed
$30,835.00 (Budgeted Funds — Asset Forfeiture); and further recommend to
adopt Resolution R-137-15, A RESOLUTION AUTHORIZING THE
PURCHASE OF A 2015 FORD F150 PICK UP TRUCK FROM ROESCH
FORD OF BENSENVILLE, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Charewicz, seconded by Robinson, to concur with Staff
recommendation to approve City of Des Plaines Program Year 2015-2019
Community Development Block Grant Consolidated Plan; and further
recommend to adopt Resolution R-138-15, A RESOLUTION APPROVING
THE CITY OF DES PLAINES COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM CONSOLIDATED PLAN FOR PROGRAM YEARS
2015-2019. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Charewicz, seconded by Robinson, to concur with Staff
recommendation to approve City of Des Plaines Community Development Block
Grant Program Year 2015 Annual Action Plan; and further recommend to adopt
Resolution R-139-15, A RESOLUTION APPROVING THE CITY OF DES
PLAINES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
2015 ANNUAL ACTION PLAN. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Charewicz, seconded by Robinson, to concur with Staff
recommendation to award bid of remediation contract for 875 Seegers Road to
John Neri Construction, Inc., 770 Factory Road, Addison, Illinois 60101 in the
not -to -exceed amount of $300,000.00 (Fund Balance — General Fund); and
further recommend to adopt Resolution R-140-15, A RESOLUTION
APPROVING A CONTRACT WITH JOHN NERI CONSTRUCTION CO.,
INC., FOR THE EXCAVATION AND REMOVAL OF ILLEGAL LANDFILL
AT 875 SEEGERS ROAD. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Charewicz, seconded by Robinson, to concur with Staff
recommendation to approve BB&T Agreement for electronic accounts receivable
processing services in the amount not -to -exceed $2,500.00; and further
recommend to adopt Resolution R-142-15, A RESOLUTION APPROVING AN
AGREEMENT WITH BB&T FOR ELECTRONIC ACCOUNTS
RECEIVABLE PROCESSING SERVICES. Motion declared carried as
approved unanimously under Consent Agenda.
Agenda
Resolution
R-142-15
ADVERTISE BID/
ROOF
REPLACEMENT/
FIRE STATIONS
#61 AND #62:
Consent
Agenda
ORDINANCE
M-14-15
APPROVE SALE/
968 SECOND
AVENUE:
Consent
Agenda
ORDINANCE
Z-24-15
COND. USE
PERMIT/
632 WEST
ALGONQUIN RD.
Consent
Agenda
WARRANT
REGISTER:
Page 5 of 9 8/3/15
Moved by Charewicz, seconded by Robinson, to concur with Staff
recommendation to authorize the City Clerk to advertise for bid the Roof
Replacement Project for Fire Stations #61 and #62 with a bid opening date of
August 20, 2015 at 10 a.m. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Charewicz, seconded by Robinson, to adopt Ordinance M-14-15, AN
ORDINANCE APPROVING THE SALE OF 968 SECOND AVENUE TO THE
DES PLAINES PARK DISTRICT. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Charewicz, seconded by Robinson, to adopt Ordinance Z-24-15, AN
ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE
OPERATION OF FOOD PROCESSING ESTABLISHMENT IN THE C-3
ZONING DISTRICT AT 632 W. ALGONQUIN ROAD, DES PLAINES,
ILLINOIS (CASE #15 -035 -CU). 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
Moved by Chester, seconded by Sayad, to accept the Warrant Register except for
the payment in the amount of $27,000.00 to the City Manager.
Director of Finance Wisniewski answered questions from the Aldermen
regarding payroll processing.
Alderman Chester withdrew his motion and Alderman Sayad withdrew his
second.
General Counsel Friedman gave an explanation of adopting a policy regarding
retroactive checks being issued going forward.
Moved by Rodd, seconded by Charewicz, to recommend to the City Council
approval of the August 3, 2015 — Warrant Register, in the total amount of
PRESENTATION:
2014 Annual Audit
COND. USE
PERMIT AND
MAJOR
VARIATION/
1469 RAND RD.:
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-141-15
COND. USE
PERMIT AND
Page 6 of 9 8/3/15
$4,510,220.96; and further recommend that Resolution R-141-15 be adopted at
appropriate time this evening. Motion declared carried.
Ms. Christine Torres of Crowe Horwath presented the 2014 Comprehensive
Annual Financial Report (CAFR).
Resident Brian Burkross addressed the Committee of the Whole commenting on
surplus funds.
COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair
This matter was deferred from July 20, 2015 City Council Agenda.
Senior Planner Mangum reviewed his Memorandum dated July 1, 2015 regarding
consideration of an application by Petitioner Anthony J. Bottalla for a
Conditional Use permit under Section 12-7-3.F.3 (7.3-6-C) and a major variation
to Table 12-7-3-1 (7.3.1) of the 1998 City of Des Plaines Zoning Ordinance, as
amended: to authorize motor vehicle sales, on a site of less than 25,000 square
feet in the C-3 Zoning District. The Zoning Board of Appeals, after having heard
and fully considered the evidence, voted (7-0) to recommend approval of the
Conditional Use permit and Major Variation with conditions of approval and
Staff concurrence.
Mr. Anthony Bottalla appeared before the City Council to answer questions.
Moved by Sayad, seconded by Haugeberg, to recommend to the City Council
approval of Ordinance Z-23-15 at appropriate time this evening. Motion declared
carried.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
Moved by Smith, seconded by Chester, to concur with recommendation of
Committee of the Whole to adopt Resolution R-141-15, 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: $4, 510,220.96. 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 Haugeberg, to place on First Reading
Ordinance Z-23-15, AN ORDINANCE GRANTING A CONDITIONAL USE
ci4Y-
MAJOR
VARIATION/
1469 RAND RD.:
Ordinance
Z-23-15
ORDINANCE
Z-23-15
COND. USE
PERMIT AND
MAJOR
VARIATION/
1469 RAND RD.:
THIRD
AMENDMENT TO
CITY MANAGER
EMPLOYMENT
AGREEMENT:
Resolution
R-143-15
Page 7 of 9 8/3/15
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 1469 RAND ROAD
DES PLAINES, ILLINOIS (CASE #15 -033 -CU -V). Motion declared carried.
Moved by Charewicz, seconded by Sayad, to advance to Second Reading and
adopt Ordinance Z-23-15, 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 1469 RAND
ROAD DES PLANES, ILLINOIS (CASE #15 -033 -CU -V). 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.
Resolution R-143-15 would change the City Manager's annual base salary from
$179,412 to $164,588 effective as of April 21, 2015.
Moved by Brookman, seconded by Sayad, to adopt Resolution R-143-15, A
RESOLUTION APPROVING A THIRD AMENDMENT TO THE CITY
MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DES
PLAINES AND MICHAEL G. BARTHOLOMEW.
Mayor Bogusz requested that the Council Rules be waived to allow public input.
There were no objections.
The Aldermen commented on the issue of the increase in salary for the City
Manager and expressed concerns from residents in their ward.
Resident John Gatsis addressed the City Council asking about the legality of the
increase in the City Manager's salary.
Resident Brian Burkross addressed the City Council stating that he conducted a
survey of all wards and gave the results.
Resident Wayne Serbin addressed the City Council stating that the State
legislators turned down a pay raise; what happens when the unions want a raise.
Resident Bruce Ahlmann addressed the City Council asking if goals were set; the
process was wrong; there should be steps with an appropriate raise.
Resident Norb Paprocki addressed the City Council stating he agreed with the
raise; he made comparisons of performance evaluations; the process needs to be
improved; he is in favor of the raise.
Resolution
R-143-15
(Cont' d)
RESCIND
RESOLUTION
R-133-15 AND
ORIGINAL
SECOND
AMENDMENT TO
CITY MANAGER
EMPLOYMENT
AGREEMENT/
APPROVE NEW
SECOND
AMENDMENT:
Resolution
R-144-15
Page 8 of 9 8/3/15
Upon roll call on the motion to adopt Resolution R-143-15, the vote was:
AYES: 4-Haugeberg, Sayad,
Brookman, Chester
NAYS: 5 -Robinson, Rodd, Smith, Charewicz, Bogusz
ABSENT: 0 -None
Motion declared FAILED.
Resolution R-144-15 would approve a New Second Amendment to the City
Manager's Employment Agreement, Changing the Annual Base Salary from
$155,852 to $179,412, effective as of April 21, 2015.
Moved by Chester, seconded by Smith, to adopt Resolution R-144-15, A
RESOLUTION RESCINDING RESOLUTION R-133-15 AND THE
ORIGINAL SECOND AMENDMENT TO THE CITY MANAGER
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES
AND MICHAEL G. BARTHOLOMEW APPROVED THEREIN, AND
APPROVING A NEW SECOND AMENDMENT.
Alderman Chester expressed opinions of some of his residents regarding
retroactive pay.
Moved by Sayad, seconded by Brookman, to recess for five minutes. Motion
declared carried.
The City Council meeting recessed at 8:48 p.m.
The City Council meeting resumed at 8:53 p.m.
Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd,
Sayad, Brookman, Chester, Smith and Charewicz.
Director of Finance Wisniewski answered a question regarding deductions from
payroll.
Following discussion, moved by Brookman, seconded by Chester, to adopt a
substitute motion to amend the Second Amendment to the City Manager's
Employment Agreement by changing the period of retroactivity from April 21,
2014 to April 21, 2015.
Director of Finance Wisniewski asked the City Council for consensus that if the
Council approves this Resolution tonight, the City Manager agrees, and there is
a refund, is it okay to process the refund starting this Friday over the next several
payrolls? There were no objections.
Resident Brian Burkross addressed the City Council regarding justification of a
raise in the City Manager's salary; he wants the raise to be based on comparative
facts.
cv-
Page 9 of 9 8/3/15
Resolution General Counsel Friedman reviewed the changes to be made to Resolution R-
R -144-15 144-15 and the amendment to the new Second Amendment showing the change
(Cont'd) in the retroactivity date pursuant to the City Council's direction.
Upon roll call on the substitute motion to amend the Second Amendment to the
City Manager's Employment Agreement by changing the period of retroactivity
from April 21, 2014 to April 21, 2015, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
ADJOURNMENT: Moved by Chester, seconded by Rodd, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 9:24 p.m.
2
Gloria J. Ludwig, MMC — C Y CLERK
APPROVED BY ME THIS /7 t