07/06/2015MINUTES 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, JULY 6, 2015
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 6:01 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on Monday, July 6,
2015.
ROLL CALL:
Roll call indicated the following Aldermen present: Robinson, Sayad, Chester,
Smith and Charewicz. Alderman Rodd arrived at 6:23 p.m. Aldermen
Haugeberg and Brookman were absent.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance
Wisniewski, Director of Community and Economic Development Sakas, Senior Planner Mangum, Civil
Engineer Peebles, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman.
EXECUTIVE Moved by Robinson, seconded by Chester, to go into Executive Session to
SESSION: discuss Personnel. Upon roll call, the vote was:
AYES: 5 -Robinson, Sayad,
Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 3-Haugeberg, Rodd, Brookman
Motion declared carried.
The City Council recessed at 6:02 p.m.
The City Council reconvened at 7:10 p.m.
Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad,
Chester, Smith and Charewicz. Aldermen Haugeberg and Brookman were
absent.
PRAYER AND The opening prayer was given by Reverend Gregory Barrette of the United
PLEDGE: Northwest Church, followed by the Pledge of Allegiance to the Flag of the
United States of America.
CITIZEN PART.:
Resident Wayne Serbin addressed the City Council stating that Arnie Seegers
has served as a volunteer on the Plan Commission for 10 years and Zoning
Board of Appeals for 37 years and should be given a plaque.
CITY CLERK City Clerk Ludwig made the following announcements:
ANNOUNCEMENTS:
• The Maine West High School students who participated in the Clinical
Government class volunteered to help the City Council with ideas to
increase growth and development in Des Plaines;
• Thank you to the Special Events Commission for the 4th of July parade.
CONSENT
AGENDA:
ADOPT IDOT
CONSTRUCTION
ON STATE
HIGHWAYS:
Consent
Agenda
Resolution
R-113-15
AUTHORIZE
PURCHASE OF
HOLIDAY TREE:
Consent
Agenda
Resolution
R-115-15
APPROVE
LOCAL AGR.
WITH FEDERAL
PARTICIPATION/
IDOT/ CENTRAL
RD. BICYCLE
SHOULDERS:
Consent
Agenda
Resolution
R-117-15
Page 2 of 7 7/6/15
Motion by Sayad, seconded by Robinson, to establish the Consent Agenda.
Motion declared carried.
Motion by Rodd, seconded by Chester, to approve the Consent Agenda. Upon
roll call, the vote was:
AYES: 6 -Robinson, Rodd, Sayad,
Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 2-Haugeberg, Brookman
Motion declared carried.
Minutes were approved; Staff recommendations and requests were approved;
Resolutions R-113-15, R-115-15, R-117-15, R-119-15 and R-122-15 were
adopted; and Ordinances Z-14-15 and Z-21-15 were adopted.
Moved by Rodd, seconded by Chester, to concur with Staff recommendation to
adopt the Illinois Department of Transportation Construction on State
Highways Resolution for 2015 and 2016; and further recommend to adopt
Resolution R-113-15, A RESOLUTION REGARDING PERMITS GRANTED
BY THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION
FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF
STREET IMPROVEMENTS ON STATE HIGHWAYS MAINTAINED BY
THE CITY. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Rodd, seconded by Chester, to concur with Staff recommendation to
Authorize Purchase of a 30 -foot Pre -Lit Sequoia Holiday Tree from Four
Seasons Decor, Inc., 1510 Morgan Trail, McHenry, Illinois 60051 in the
amount of $28,050 (Budgeted Funds — TIF #1/Other Supplies); and further
recommend to adopt Resolution R-115-15, A RESOLUTION AUTHORIZING
THE PURCHASE OF A HOLIDAY TREE FROM FOUR SEASONS DECOR,
INC. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Rodd, seconded by Chester, to concur with Staff recommendation to
approve execution of Local Agency Agreement for Federal Participation with
IDOT for Central Road Bicycle Shoulders with a Local Match for the Project,
including Construction Engineering, not -to -exceed $333,924.00; and further
recommend to adopt Resolution R-117-15, A RESOLUTION APPROVING
THE EXECUTION OF A LOCAL AGENCY AGREEMENT WITH IDOT IN
CONNECTION WITH THE CONSTRUCTION OF PAVED SHOULDERS
ALONG CENTRAL ROAD. Motion declared carried as approved
unanimously under Consent Agenda.
ACCEPT PUBLIC Moved by Rodd, seconded by Chester, to concur with Staff recommendation to
IMPROV'S/
accept Public Improvements for Lexington Park PUD (Planned Unit
LEXINGTON
PARK PUD/ 254
LAUREL AVE.:
Consent
Agenda
Resolution
R-119-15
APPROVE
PARKING REG.
AGR./ 655
SEEGERS RD.:
Consent
Agenda
Resolution
R-122-15
ACKNOWLEDGE
RECEIPT/ 2013
MOTOR FUEL
TAX AUDIT
REPORT/ IDOT:
Consent
Agenda
APPROVE NEW
OWNERSHIP/
CLASS E LIQ.
LIC./ 694 LEE ST.:
Consent
Agenda
ORDINANCE
Z-14-15
CITYWIDE TEXT
AMENDMENT/
ZONING
ORDINANCE:
Consent
Agenda
ORDINANCE
Z-21-15
SIGN
VARIATIONS/
2434-2454 EAST
DEMPSTER ST.:
Page 3 of 7 7/6/15
Development), 254 Laurel Avenue, Case #05 -031 -PUD; and further
recommend to adopt Resolution R-119-15, A RESOLUTION ACCEPTING
PUBLIC IMPROVEMENTS FOR THE LEXINGTON PARK SUBDIVISION
PHASES I AND II, LOCATED AT 254 LAUREL AVENUE, DES PLAINES,
ILLINOIS. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Rodd, seconded by Chester, to concur with Staff recommendation to
approve Parking Regulation Agreement for 655 Seegers Road; and further
recommend to adopt Resolution R-122-15, A RESOLUTION APPROVING
AN AGREEMENT WITH NWH, LLC, FOR THE ENFORCEMENT OF
PARKING AND TRAFFIC REGULATIONS IN THE PARKING LOCATED
AT 655 SEEGERS ROAD, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Chester, to concur with Staff recommendation to
acknowledge receipt of 2013 Motor Fuel Tax Audit Report from Illinois
Department of Transportation (IDOT) and direct the City Clerk to file Report as
permanent record. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Rodd, seconded by Chester, to concur with Staff recommendation to
approve new ownership for existing Class E Liquor License for Taqueria Y
Restaurant Mexico LLC, 694 Lee Street d/b/a Taqueria Mexico. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Chester, to adopt Ordinance Z-14-15, Ordinance
Z-14-15, AN ORDINANCE AMENDING THE TEXT OF THE CITY
ZONING ORDINANCE AND CODIFYING THE ZONING ORDINANCE AS
TITLE 12 OF THE CITY CODE (CASE 15 -005 -TA). Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Chester, to adopt Ordinance Z-21-15, AN
ORDINANCE APPROVING MAJOR VARIATIONS FROM SECTIONS
11.4-7, 11.5-2.C, AND 11.6.B OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO ALLOW THE INSTALLATION OF A MONUMENT
SIGN AT 2434 AND 2454 E. DEMPSTER STREET, DES PLAINES,
ILLINOIS (CASE #15-028-V). Motion declared carried as approved
Consent
Agenda
AUTHORIZE BID/
2015-2017 MULTI-
YEAR HOLIDAY
DECORATIONS:
Consent
Agenda
WARRANT
REGISTER:
COND. USE
PERMIT/ 885-911
E. TOUHY AVE.:
MAP
AMENDMENT/
N.E. CORNER
Page 4 of 7 7/6/15
unanimously under Consent Agenda.
Moved by Rodd, seconded by Chester, to authorize the City Clerk to concur
with Staff recommendation to advertise bid for the 2015-2017 Multi -Year
Holiday Decoration contract. 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
City Manager Bartholomew answered questions from the Aldermen.
Moved by Sayad, seconded by Chester, to recommend to the City Council
approval of the July 6, 2015 — Warrant Register, in the total amount of
$5,468,662.16; and further recommend that Resolution R-118-15 be adopted at
appropriate time this evening. Motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair
Deferred from May 18, 2015 and June 1, 2015 City Council Agendas.
Director of Community and Economic Development Sakas reviewed his
Memorandum of June 30, 2015 regarding modification of a Conditional Use
Permit for a Convenience Mart Fueling Station located at 885-911 Touhy
Avenue, Case #15 -027 -CU. City staff mediated an agreement between
Petitioner Speedway, LLC and the neighboring property at 999 East Touhy,
Siete7, LLC, regarding a parking easement.
Mr. Tom Burney, a representative for Speedway, LLC, addressed the
Committee of the Whole giving credit to City Manager Bartholomew for
mediating between the parties.
Mr. Patrick Devereaux of Siete7, LLC, addressed the Committee of the Whole
giving credit to Director Sakas and City Manager Bartholomew for mediating
the agreement between the parties.
Moved by Smith, seconded by Chester, to recommend to the City Council
approval of Ordinance Z-18-15 at the appropriate time this evening. Motion
declared carried.
Senior Planner Mangum reviewed his Memorandum dated June 9, 2015
regarding consideration of a Zoning Map Amendment, Properties East of
Orchard Place, South of I-90, North of Higgins Road and West of the Canadian
HIGGINS RD.
AND ORCHARD
PLACE:
CLASS 6b
RESOLUTION
REQUEST/ 520
SANTA ROSA
DRIVE:
UNFINISHED
BUSINESS:
AUTHORIZE
POWER SUPPLY
AGREEMENT:
Resolution
R-121-15
Page 5 of 7 7/6/15
National Railroad Tracks (Zoning Case #15 -026 -MAP) by Petitioner Rosemont
Park District requesting an Amendment to the Official Des Plaines Zoning
Map, as amended, to reclassify the properties from the R-1 Single Family
Residential Zoning District and C-2, Limited Office Commercial Zoning
District to the C-3, General Commercial Zoning District. The Plan
Commission, after having heard and fully considered the evidence, voted (4-0)
to recommend approval of the Map Amendment from R-1 and C-2 to C-3 and
Staff concurred.
Moved by Chester, seconded by Charewicz, to recommend to the City Council
to DENY approval of Ordinance Z-22-15 at the appropriate time this evening.
Motion declared FAILED. Aldermen Chester, Smith and Charewicz agreed.
Aldermen Robinson, Rodd and Sayad did not agree.
Moved by Sayad, seconded by Robinson, to recommend to the City Council
approval of Ordinance Z-22-15 at the appropriate time this evening. Motion
declared FAILED. Aldermen Robinson, Rodd and Sayad agreed. Aldermen
Chester, Smith and Charewicz did not agree.
Economic Development Coordinator Pruss reviewed the Memorandum dated
June 18, 2015 by Director of Community and Economic Development Sakas
regarding a Class 6b Resolution Request by applicant Clingan Steel, Inc. for
520 Santa Rosa Drive.
Moved by Sayad, seconded by Robinson, to recommend to the City Council
approval of Resolution R-120-15 at appropriate time this evening. Motion
declared carried.
Director of Public Works and Engineering Oakley reviewed his Memorandum
dated June 18, 2015 regarding the bid results for Municipal Electric
Aggregation solicited the morning of July 6, 2015 and answered questions from
the Aldermen.
Moved by Rodd, seconded by Charewicz, to DENY approval of Resolution R-
121-15, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A POWER SUPPLY AGREEMENT FOR THE CITY'S
ELECTRICITY AGGREGATION PROGRAM. Upon roll call, the vote was:
AYES: 5 -Robinson, Rodd,
Chester, Smith, Charewicz
NAYS: 1-Sayad
ABSENT: 2-Haugeberg, Brookman
Motion declared carried.
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-118-15
COND. USE
PERMIT/ 885-911
E. TOUHY AVE.:
Ordinance
Z-18-15
ORDINANCE
Z-18-15
COND. USE
PERMIT/ 885-911
E. TOUHY AVE.:
MAP
AMENDMENT/
N.E. CORNER
HIGGINS RD.
AND ORCHARD
PLACE:
Page 6 of 7 7/6/15
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-118-15, 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: $5,468,662.16. Upon roll call, the
vote was:
AYES: 6 -Robinson, Rodd, Sayad,
Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 2-Haugeberg, Brookman
Motion declared carried.
Moved by Charewicz, seconded by Rodd, to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-18-15, AN
ORDINANCE AMENDING A CONDITIONAL USE PERMIT FOR THE
OPERATION OF A CONVENIENCE MARK FUELING STATION AT 885-
911 TOUHY AVENUE, DES PLAINES, ILLINOIS (CASE #14 -024 -CU -V).
Upon roll call, the vote was:
AYES: 6 -Robinson, Rodd, Sayad,
Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 2-Haugeberg, Brookman
Motion declared carried.
Moved by Charewicz, seconded by Sayad, to advance to Second Reading and
adopt Ordinance Z-18-15, AN ORDINANCE AMENDING A CONDITIONAL
USE PERMIT FOR THE OPERATION OF A CONVENIENCE MARK
FUELING STATION AT 885-911 TOUHY AVENUE, DES PLAINES,
ILLINOIS (CASE #14 -024 -CU -V). Upon roll call, the vote was:
AYES: 6 -Robinson, Rodd, Sayad,
Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 2-Haugeberg, Brookman
Motion declared carried.
Moved by Charewicz, seconded by Chester, to concur with recommendation of
Committee of the Whole to DENY Ordinance Z-22-15, AN ORDINANCE
APPROVING A ZONING MAP AMENDMENT AND REZONING THE
PROPERTIES LOCATED AT THE NORTHEAST CORNER OF HIGGINS
ROAD AND ORCHARD PLACE, DES PLAINES, ILLINOIS (CASE #15-
026 -MAP). Upon roll call, the vote was:
Mt4-'
Page7of7 7/6/15
AYES: 3 -Robinson, Rodd, Sayad
Ordinance NAYS: 3 -Chester, Smith, Charewicz
Z-22-15 ABSENT: 2-Haugeberg, Brookman
Motion declared FAILED.
CLASS 6b Moved by Charewicz, seconded by Robinson, to concur with recommendation
RESOLUTION of Committee of the Whole to adopt Resolution R-120-15, A RESOLUTION
REQUEST/520 SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b
SANTA ROSA CLASSIFICATION FOR THE PROPERTY LOCATED AT 520 SANTA
DRIVE: ROSA DRIVE. Upon roll call, the vote was:
AYES: 6 -Robinson, Rodd, Sayad,
Resolution Chester, Smith, Charewicz
R-120-15 NAYS: 0 -None
ABSENT: 2-Haugeberg, Brookman
Motion declared carried.
ADJOURNMENT: Moved by Chester, seconded by Smith, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 8:21 p.m.
ele
APPROVED BY ME THIS 0( u
Gloria J. Ludwi MMCPI1—
g,Y CLERK