07/20/2015CALL 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, JULY 20, 2015
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, July 20, 2015.
ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, 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.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PUBLIC
HEARING:
5 YEAR CDBG
CONSOLIDATED
PLAN 2015-2016
AND ANNUAL
ACTION PLAN
(PY 2015)
Moved by Chester, seconded by Smith, to go into 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 7:00 p.m.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Rodd, Sayad, Brookman, Chester, Smith and Charewicz.
The opening prayer was given by City Clerk Ludwig, followed by the Pledge of
Allegiance to the Flag of the United States of America.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER, MONDAY, JULY 20, 2015
Mayor Bogusz called the Public Hearing to order at 7:01 p.m. The Public
Hearing was being held regarding the Draft Five Year CDBG Consolidated Plan
2015-19 and Annual Action Plan (Program Year 2015).
Economic Development Coordinator Pruss reviewed her Memorandum dated
July 1, 2015 and answered questions from the Aldermen.
Resident Wayne Serbin addressed the City Council asking questions about
income categories.
5 YEAR CDBG
CONSOLIDATED
PLAN 2015-2016
AND ANNUAL
ACTION PLAN
(PY 2015)
(Cont'd)
PROCLAMATIONS:
SWEARING-IN
CEREMONY —
POLICE DEPT.
PROMOTIONS:
PRESENTATION:
RECOGNITION:
CITIZEN PART.:
CITY CLERK
ANNOUNCEMENTS:
EXECUTIVE
SESSION
ACTION:
Page 2 of 8 7/20/15
There were no further comments or questions from the public.
The Public Hearing was adjourned at 7:11 p.m.
The City Council reconvened at 7:12 p.m.
Mayor Bogusz presented a proclamation to Deputy Police Chief Nick
Treantafeles recognizing his 32 years of service to the City of Des Plaines.
Mayor Bogusz presented a proclamation to Resident Kaney O'Neill who was
named the "2015 Vetrepreneur of the Year" by the National Veteran -Owned
Business Association's magazine Vetrepreneur.
Mayor Bogusz administered the Oath of Office to the following members of the
Police Department who were promoted: Chester Zaprzalka from Commander,
Support Services to Deputy Chief, Administration; Scott Moreth from Detective
Sergeant to Commander, Patrol Operations; and Michael Chapman from Police
Officer to Sergeant, Patrol Operations.
Mayor Bogusz presented a Certificate of Appreciation to Resident Arnie Seegers
recognizing his volunteer service to the City of Des Plaines on the Plan
Commission and Zoning Board of Appeals for a total of 47 years.
Fire Chief Wax reviewed recent cases where Fire Department crews saved the
lives of victims in cardiac arrest during two separate emergency calls. Those
victims wished to join in the public recognition of the fine work performed by
these personnel, and assisted Division Chief [EMS] Edward Rogers in presenting
unit citations to the responders.
Resident Wayne Serbin addressed the City Council congratulating Arnie Seegers
for his 47 years of volunteering; he requested that the sidewalk at 1831 Webster
Lane be checked for a dangerous trip and fall condition.
Resident Adrian addressed the City Council asking everyone to help him with
his birthday project which is to collect Legos for children in Guatemala.
City Clerk Ludwig announced a fundraiser being held by the American Legion
Post 36 on Saturday, July 25 for a cancer patient.
Alderman Sayad raised a point of order that he believes Resolution R-133-15 to
be illegal and the 16% raise should have been reported out following the July 6,
2015 Executive Session; it should have been done in proper procedure.
General Counsel Friedman explained that the discussion in Executive Session
was among the Council, no final or legal action was taken in Executive Session;
the Mayor has the ability to put something on the agenda; the Council has to
(.1V-
Page 3 of 8 7/20/15
decide to adopt the Resolution or not; there is no requirement that a discussion
in Executive Session needs to be reported out.
EXECUTIVE Moved by Charewicz, seconded by Rodd, to adopt Resolution R-133-15, A
SESSION RESOLUTION APPROVING A SECOND AMENDMENT TO THE CITY
ACTION: MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DES
(Cont'd) PLAINES AND MICHAEL G. BARTHOLOMEW.
CONSENT
AGENDA:
Moved by Sayad, seconded by Haugeberg, to adopt a substitute motion to give
the City Manager a 4% increase retroactive to April, 2015.
Each Alderman expressed their opinion as well as the comments of some of their
residents regarding the increase.
Resident Wayne Serbin addressed the City Council commenting that he had
worked all his life in the private sector; a 4% raise was common; a 15% increase
was unheard of; management doesn't punch a time clock; they don't get big
raises, but more work.
Resident Brian Burkross addressed the City Council asking about the process of
reviewing the City Manager's performance and commenting that as a taxpayer a
14% increase is too much.
Upon roll call on the substitute motion to give the City Manager a 4% increase
retroactive to April, 2015, the vote was:
AYES: 4-Haugeberg, Sayad,
Brookman, Chester,
NAYS: 4 -Robinson, Rodd, Smith, Charewicz
ABSENT: 0 -None
Motion declared FAILED.
Upon roll call on the original motion to adopt Resolution R-133-15, A
RESOLUTION APPROVING A SECOND AMENDMENT TO THE CITY
MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DES
PLAINES AND MICHAEL G. BARTHOLOMEW, the vote was:
AYES: 4- Robinson, Rodd, Smith, Charewicz, Bogusz
NAYS: 4- Haugeberg, Sayad, Brookman, Chester
ABSENT: 0 -None Motion declared carried.
Motion by Rodd, seconded by Brookman, to establish the Consent Agenda except
for Items 2, 4, 6, 6a, 7 and 7a. Motion declared carried.
Motion by Sayad, 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.
MINUTES:
Consent
Agenda
MINUTES:
Consent
Agenda
(Cont'd)
APPROVE TASK
ORDER #9/
PETERSON LAKE
PUMP STATION
IMPROV'S.:
Consent
Agenda
Resolution
R-127-15
ACCEPT
DONATION/
Page 4 of 8 7/20/15
Executive Session Minutes were approved; Staff recommendations and requests
were approved; Resolution R-127-15 was adopted; and Ordinance M-14-15 was
placed on First Reading.
Moved by Sayad, seconded by Smith, to approve Minutes of the Executive
Session of the City Council held June 15, 2015. Motion declared carried as
approved unanimously under Consent Agenda.
Alderman Rodd stated that the Minutes of June 15, 2015 needed to be corrected
as follows: Page 6, Finance and Administration, Warrant Register. Alderman
Smith no longer abstains from voting to approve the Warrant Register and voted
"Aye" to approve the Warrant Register; Page 9 New Business, Warrant Register,
Alderman Smith voted "Aye" to adopt the Warrant Register; and Page 10,
Resolution R-111-15, Mayor Bogusz voted "Aye" to break the tie and carry the
motion.
Moved by Rodd, seconded by Smith, to approve Minutes of the Regular Meeting
of the City Council held June 15, 2015, as corrected. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Smith, to approve Minutes of the Executive
Session of the City Council held July 6, 2015. Motion declared carried as
approved unanimously under Consent Agenda.
Alderman Rodd stated that the Minutes of July 6, 2015 needed to be corrected
as follows: Page 1 - Alderman Rodd arrived late at 6:23 p.m. and was not
present to vote to go into Executive Session. Her "Aye" vote is to be removed
and her name added to the Absent tally for this item.
Moved by Rodd, seconded by Chester, to approve Minutes of the Regular
Meeting of the City Council held July 6, 2015, as corrected. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Smith, to concur with Staff recommendation to
approve Task Order No. 9 from MWH Americas, Inc., 175 West Jackson
Boulevard, Chicago, IL for Peterson Lake Pump Station Improvements in the
amount of $86,900.00 (Budgeted Funds — Capital Projects Water/Sewer Fund,
Professional Services); and further recommend to adopt Resolution R-127-15, A
RESOLUTION APPROVING TASK ORDER NO. 9 WITH MWH
AMERICAS, INC., FOR CONSTRUCTION ENGINEERING SERVICES.
Motion declared carried as approved unanimously under Consent Agenda.
Fire Chief Wax reviewed his Memorandum dated July 9, 2015 regarding a
donation to the Fire Department from the estate of a Des Plaines resident.
APPROVE
RELEASE AGR./
FIRE DEPT.:
Resolution
R-128-15
REJECT ALL
BIDS/ 2015
NORTHWEST
HIGHWAY
LANDSCAPE
IMPROV' S.:
Resolution
R-132-15
APPROVE SALE/
968 SECOND
AVENUE:
Consent
Agenda
Ordinance
M-14-15
WARRANT
REGISTER:
BUSINESS
ASSISTANCE
PROGRAM
MODIFICATIONS:
Page 5 of 8 7/20/15
Moved by Haugeberg, seconded by Robinson, to adopt Resolution R-128-15, A
RESOLUTION ACCEPTING A DONATION TO THE FIRE DEPARTMENT
AND AUTHORIZING THE EXECUTION OF A RELEASE. Motion declared
carried.
Alderman Brookman suggested that the Responsible Bidder Ordinance be
reviewed by the Legal & Licensing Committee.
Director of Publics Works and Engineering Oakley answered questions from the
Aldermen.
Moved by Brookman, seconded by Chester, to adopt Resolution R-132-15, A
RESOLUTION REJECTING ALL BIDS FOR A CONTRACT FOR PHASE II
2015 NORTHWEST HIGHWAY LANDSCAPE IMPROVEMENTS. Motion
declared carried.
Moved by Sayad, seconded by Smith, to concur with Staff recommendation to
approve sale of the City -owned parcel at 968 Second Avenue to the Des Plaines
Park District; and further recommend to place on First Reading Ordinance M-14-
15, AN ORDINANCE APPROVING THE SALE OF 968 SECOND AVENUE
TO THE DES PLANES PARK DISTRICT. 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 Haugeberg, seconded by Sayad, to recommend to the City Council
approval of the July 20, 2015 — Warrant Register, in the total amount of
$4,428,213.57; and further recommend that Resolution R-129-15 be adopted at
appropriate time this evening. Motion declared carried.
Alderman Sayad abstained from voting on the disbursement listed in the Warrant
Register on Page 6, Line 77 in the amount of $3,000.00 to the Des Plaines
Community Foundation. Alderman Sayad abstained due to a conflict of interest
because he is a member of the Board of Directors of the Des Plaines Community
Foundation.
COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair
Deferred from June 15, 2015 City Council Agenda.
Economic Development Coordinator Pruss reviewed a Memorandum from
Director Sakas dated May 28, 2015 regarding Business Assistance Pro am
Resolution
R-101-15
COND. USE
PERMIT AND
MAJOR
VARIATION/
1469 RAND RD.:
COND. USE
PERMIT/
632 WEST
ALGONQUIN RD.:
CLASS 6b
RESOLUTION
REQUEST/ 350
HOWARD ST.:
Page 6 of 8 7/20/15
Modifications — Multi -Unit Retail Grant Program and answered questions from
the Aldermen.
Moved by Haugeberg, seconded by Robinson, to recommend to the City Council
approval of Resolution R-101-15 at appropriate time this evening. Motion
declared carried.
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.
Senior Planner Mangum answered questions from the Aldermen.
Moved by Brookman to DEFER Ordinance Z-23-15 to the next Regular City
Council meeting. There was no second, and the motion was not considered.
Petitioner Anthony Bottalla answered questions from the Aldermen.
Following discussion, moved by Sayad, seconded by Robinson, to direct Staff to
re-evaluate the changes discussed and bring back a revised Ordinance Z-23-15
regarding a Conditional Use permit and Major Variation for the operation of a
motor vehicle sales establishment at 1469 Rand Road and DEFER this matter to
the August 3, 2015 Regular Council Meeting. Motion declared carried.
Senior Planner Mangum reviewed his Memorandum dated July 1, 2015 regarding
consideration of an application by Petitioner Winston Sevilla for a Conditional
Use Permit for Food Processing Establishment (Case #15 -035 -CU) at 632 West
Algonquin Road.
Moved by Sayad, seconded by Brookman, to recommend to the City Council
approval of Ordinance Z-24-15 at appropriate time this evening. Motion declared
carried.
Economic Development Coordinator Pruss reviewed her Memorandum dated
July 2, 2015 regarding a Class 6b Resolution Request by applicant Cozzini
Brothers for 350 Howard Street.
Mr. Ed Finnegan, President and CEO of Cozzini Brothers, Mr. Oswald Cozzini
and Attorney Shannon Sheehan of Thompson Coburn LLP appeared before the
Committee of the Whole answering questions from the Aldermen.
CLASS 6b
RESOLUTION
REQUEST/
PROPOSED
IMPROV'S/ 350
HOWARD ST.:
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-129-15
BUSINESS
ASSISTANCE
PROGRAM
MODIFICATIONS:
Resolution
R-101-15
COND. USE
PERMIT AND
MAJOR
VARIATION/
1469 RAND RD.:
Page 7 of 8 7/20/15
Moved by Brookman, seconded by Sayad, to recommend to the City Council
approval of Resolution R-130-15 to renew the Class 6b classification for 350
Howard Street at appropriate time this evening. Motion declared carried.
Moved by Chester, seconded by Sayad, to recommend to the City Council
approval of Resolution R-131-15 to approve a Class 6b classification for the
proposed improvements to the property located at 350 Howard Street. 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-129-15, 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: $4,428,213.57. 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.
Alderman Sayad abstained from voting on the disbursement in the amount of
$3,000.00 to the Des Plaines Community Foundation. Alderman Sayad abstained
due to a conflict of interest because he is a member of the Board of Directors of
the Des Plaines Community Foundation.
Moved by Charewicz, seconded by Rodd, to concur with recommendation of
Committee of the Whole to adopt Resolution R-101-15, A RESOLUTION
APPROVING AMENDMENTS TO THE CITY OF DES PLAINES BUSINESS
ASSISTANCE PROGRAM GUIDELINES. 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 DEFER Ordinance Z-23-15 to o the
August 3, 2015 Regular City Council Meeting. Motion declared carried.
Ordinance
Z-23-15
COND. USE
PERMIT/
632 WEST
ALGONQUIN RD.:
Ordinance
Z-24-15
CLASS 6b
RESOLUTION
RENEWAL/ 350
HOWARD ST.:
Resolution
R-130-15
CLASS 6b
RESOLUTION
REQUEST/
IMPROV'S FOR
350 HOWARD ST.:
Resolution
R-131-15
Page 8 of 8 7/20/15
Moved by Charewicz, seconded by Sayad, to place on First Reading 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.
Moved by Charewicz, seconded by Haugeberg, to concur with recommendation
of Committee of the Whole to adopt Resolution R-130-15, A RESOLUTION
SUPPORTING AND CONSENTING TO RENEWAL OF CLASS 6b
CLASSIFICATION FOR THE PROPERTY LOCATED AT 350 HOWARD
AVENUE. 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 Brookman, to concur with recommendation
of Committee of the Whole to adopt Resolution R-131-15, A RESOLUTION
SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b
CLASSIFICATION FOR PROPOSED IMPROVEMENTS TO THE
PROPERTY LOCATED AT 350 HOWARD AVENUE. 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.
ADJOURNMENT: Moved by Chester, seconded by Charewicz, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 9:52 p.m.
APPROVED BY ME THIS 3
DAY OF %� 2015
,w4art
Matthew J Bogusz,
)6stiet,
Gloria J. Ludwig, MMC — TY CLERK