07-01-2013CALL TO
ORDER:
ROLL CALL:
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 1, 2013
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Mayor Matthew J. Bogusz at 6:01 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday,
July 1, 2013.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Rodd, Sayad, Brookman, Walsten, Sojka and Charewicz.
Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Director of Human
Resources Earl, Director of Public Works and Engineering Oakley, Senior Planner Mangum, Police
Chief Kushner, Fire Chief Wax, and General Counsel Friedman.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PRESENTATIONS:
CONSENT
AGENDA:
Moved by Brookman, seconded by Charewicz, to go into Executive Session to
discuss Pending Litigation, Probable or Imminent Litigation and Personnel.
Upon roll call, the vote was:
A YES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, W alsten, Sojka, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
The City Council recessed at 6:02 p.m.
The City Council reconvened at 7:16 p.m.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Rodd, Sayad, Brookman, W alsten, Sojka and Charewicz.
The opening prayer was given by Reverend Steven Hjelle of the Evangelical
Free Church, followed by the Pledge of Allegiance to the Flag.
Police Chief Kushner announced promotions within the Police Department.
City Clerk Ludwig administered the Oath of Office to Christopher Mierzwa
who was promoted from Detective Sergeant to Commander, Patrol Operations.
City Clerk Ludwig administered the Oath of Office to Oscar Szerbinski and
John Huston who were promoted from Police Officer to Sergeant.
Moved by Sayad, seconded by Robinson, to establish the Consent Agenda
except for Item 5. Motion declared carried.
CONSENT
AGENDA:
(Cont'd)
RECRUIT
TRAINING/
POLICE DEPT.:
Consent
Agenda
Resolution
R-111-13
AWARD BID/
CITY HALL
CARPET/TILE:
Consent
Agenda
Resolution
R-112-13
ADVERTISE BID/
SNOW
REMOVAL/ 2013-
2016:
Consent
Agenda
ADVERTISE BID/
2013ANNUAL
FIRE HYDRANT
PURCHASE:
Consent
Agenda
ADVERTISE BID/
2013 CIP UTILITY
IMPROVEMENTS
-CONTRACT B:
Page 2 of 7 7/1/13
Moved by Robinson, seconded by W alsten, to approve the Consent Agenda.
Upon roll call, the vote was:
A YES: 8-Haugeberg, Robinson, Rodd, Sayad,
NAYS:
ABSENT:
Brookman, W alsten, Sojka, Charewicz
0-None
0-None
Motion declared carried.
Staff recommendations and requests were approved; Resolutions R-111-13 and
R-112-13 were adopted; Ordinances M-13-13 and M-15-13 were adopted.
Moved by Robinson, seconded by Walsten, to concur with Staff
recommendation to approve costs associated with police recruit training in an
amount not to exceed $21,000.00 (Police Department Uniformed Patrol Budget
-Training); and further recommend to adopt Resolution R-111-13, A
RESOLUTION APPROVING THE PROCUREMENT OF TRAINING FOR
DES PLAINES POLICE RECRUITS FROM THE CHICAGO POLICE
DEPARTMENT TRAINING ACADEMY. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Robinson, seconded by W alsten, to concur with Staff
recommendation to award contract for carpet and tile installation to the lowest
responsible bidder, Michael Kautz Carpet & Design, Inc., 730 East Northwest
Highway, Mount Prospect, Illinois 60056 in the not-to-exceed amount of
$41,900.00 (Streets/Grounds Maintenance Division Budget -$42,000.00); and
further recommend to adopt Resolution R-112-13, A RESOLUTION
APPROVING AN AGREEMENT WITH MICHAEL KAUTZ CARPETS &
TILE FOR CARPET TILE INSTALLATION. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Robinson, seconded by W alsten, to concur with Staff
recommendation to authorize the City Clerk to issue Notice to Bid for
contractual snow removal for three winter seasons through May 31, 2016, with
a bid opening date of Tuesday, July 16, 2013 at 3 :00 p.m. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Robinson, seconded by W alsten, to concur with Staff
recommendation to authorize the City Clerk to issue Notice to Bid for the 2013
Annual Fire Hydrant Purchase with a bid opening date to be determined (Water
System Fund Budget -$165,000.00). Motion declared carried as approved
unanimous I y under Consent Agenda.
Alderman Brookman requested that this Item be removed from Consent Agenda
for discussion.
Director of Public Works and Engineering Oakley answered questions from the
Aldermen.
ADVERTISE BID/
2013 CIP UTILITY
IMPROVEMENTS
-CONTRACT B:
(Cont'd)
ORDINANCE
M-13-13
PREVAILING
WAGE:
Consent
Agenda
ORDINANCE
M-15-13
AMEND CITY
CODE/WAIVE
PERMIT FEES
DURING
DISASTER:
Consent
Agenda
WARRANT
REGISTER:
COND. USE/ 675
DURSEY LANE:
Page 3 of 7 7/1/13
Moved by Walsten, seconded by Sayad, to concur with Staff recommendation
to authorize the City Clerk to issue Notice to Bid for the 2013 Utility
Improvements -Contract B with a bid opening date to be determined (Capital
Projects Fund, Capital Outlay/Improvements in the estimated amount of
$2,256,844.00). Motion declared carried.
Moved by Robinson, seconded by Walsten, to adopt Ordinance M-13-13, AN
ORDINANCE ASCERTAINING THE PREVAILING RATE OF WAGES IN
COOK COUNTY FOR CITY PUBLIC WORKS PROJECTS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Walsten, to adopt Ordinance M-15-13, AN
ORDINANCE AMENDING THE CITY CODE TO AUTHORIZE THE
WAIVER OF CERTAIN CITY FEES IN THE EVENT OF DECLARED
EMERGENCIES. 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 Sayad, Chair
Chairman Sayad asked questions regarding the charge of $1,500.00 submitted
by Christopher Cohen, Administrative Hearing Officer.
City Manager Bartholomew answered Chairman Sayad's questions.
Moved by Haugeberg, seconded by Rodd, to recommend to the City Council
approval of the July 1, 2013 -Warrant Register in the total amount of
$3,586,958.57; and further recommend that Resolution R-113-13 be adopted at
appropriate time this evening. Motion declared carried.
COMMUNITY DEVELOPMENT-Alderman Walsten, Chair
Senior Planner Mangum reviewed his Memorandum dated June 12, 2013
regarding a request by Petitioner St. Paul Chong Hasang Korean Catholic
Mission for a modification to a Conditional Use Pennit under Section 7.2-4-C
of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the
construction of an accessory building at an existing Place of Worship in the R-1
District. At its June 11, 2013 meeting, the Zoning Board of Appeals
recommended (5-0) that the City Council approve the requested Conditional
~}l
COND. USE/ 675
DURSEY LANE:
(Cont'd)
MAP
AMENDMENT/
1645
BIRCHWOOD
AVE.:
UNFINISHED
BUSINESS:
ORDINANCE
Z-17-13
COND. USE
PERMIT/88
BROADWAY ST.:
RESOLUTION
R-114-13
DENYCOND.
USE/ 2300
MANNHEIM RD.:
Page 4 of 7 7/1/13
Use permit to expand an established Place of Worship in the R-1 zomng
district.
Senior Planner Mangum answered questions from the Aldermen.
Moved by Sojka, seconded by Robinson, to recommend to the City Council
approval of the requested Conditional Use permit to expand an established
Place of Worship in the R-1 zoning district; and further recommend that
Ordinance Z-18-13 be placed on First Reading at appropriate time this evening.
Motion declared carried.
Moved by Sayad, seconded by Sojka, to POSTPONE this matter until the next
Regular Council meeting of July 15, 2013. Motion declared carried. Alderman
Haugeberg did not agree.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
Moved by W alsten, seconded by Sojka, to adopt Ordinance Z-17-13, AN
ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE
OPERATION OF A CHILD CARE CENTER IN THE C-3 ZONING
DISTRICT AT 88 BROADWAY STREET, DES PLAINES, ILLINOIS (CASE
#13-009-CU). Upon roll call, the vote was:
A YES: 5-Sayad,
Brookman, W alsten, Sojka, Charewicz
NAYS: 3-Haugeberg, Robinson, Rodd
ABSENT: 0-None
Motion declared carried.
City Manager Bartholomew stated that a discussion will be had with Mr.
Diamond to resolve the issue of booked weddings.
General Counsel Friedman stated that the only issue on the agenda for this
evening is the Resolution denying the Conditional Use Permit.
Motion by Alderman Sayad, to POSTPONE this matter to the next Council
meeting on July 15, 2013 to give Staff time to come back to the Council with
ideas. Motion DIED for lack of a second.
General Counsel Friedman clarified the denial of the Conditional Use Permit
and enforcement issues related to the lack of a conditional use permit.
Moved by Sayad, seconded by Rodd, to suspend the Council rules to allow
public input. Motion declared carried. ~ ~
2300 MANNHEIM
RD.:
(Cont'd)
Page 5 of 7 7/1/13
Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council expressing
his concerns about the effects of stormy weather; there have been huge rains
and floods with high winds in the Midwest; he is worried about how the tent
will be affected by storms.
Ms. Susanne Atanus, 8417 Betty Terrace, Niles and 9054 Buckingham Park
Drive, Des Plaines, addressed the City Council asking how long has Mr.
Diamond been setting up weddings; it is unacceptable; after next weekend, no
more weddings; Mr. Diamond and the brides have been accommodated; the
Council should put its foot down; weddings will not continue.
Mr. James McCluskey, Attorney for the Fountain Blue Banquet Hall, addressed
the City Council stating he had reviewed the Ordinance and Resolution; he also
reviewed the history of the tent operation, the results of the noise review and the
Illinois Pollution Control standard; the vote on June 3, 2013 was 5-3 in favor of
the Conditional Use Permit; the vote on June 17, 2013 was 3-5 to deny the
Conditional Use Permit; two Council members changed their votes; this results
in an incomplete record; he requested that the Council deny the Resolution that
denies the Conditional Use Permit and vote to allow the Conditjonal Use Permit
or allow Fountain Blue to present further evidence in support of the Conditional
Use Permit.
Ms. Judy Pike, a bride at the Fountain Blue, addressed the City Council
advocating for her wedding as well as others; this is a premier wedding
location; her parents were the first couple married there; only 25 days until her
wedding; she urged the Council to reconsider their decision not only
temporarily, but permanently.
Mr. Brandon Freeman, addressed the City Council stating he and his fiance' are
having their wedding there in September; it was booked a year and a half ago;
they would like to have a definite answer that they can have their wedding in
September; it is not easy to book weddings.
Mr. Ryan Foley addressed the City Council stating they booked their wedding 8
to 9 months ago; coming up on their date; they would like a definite answer.
Ms. Susanne Atanus, addressed the City Council stating an agreement is an
agreement; Mr. Diamond needs to find another location; the City may have to
hire a lawyer to make sure Mr. Diamond does not book any more weddings; no
more weddings as of tonight.
Mr. Ray Bertolozzi, 1781 Lunt, addressed the City Council stating that he is a
Registered Professional Engineer and worked for a company that made the tarp
used in the 1985 Bears football season; he is concerned about the fabric
structure of the tent and the effects of the weather on fabric structures; the City
should be concerned about it.
Ms. Rian Williams addressed the City Council stating that she is from Villa
~~~
2300 MANNHEIM
RD.:
(Cont'd)
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-113-13
Page 6 of 7 7/1/13
Park; the tent is gorgeous; she would like to get married and have her reception
in the tent.
Ms. Phyllis Sizemore who lives in Des Plaines addressed the City Council
stating that from what she has read and heard, the Council is saying that lying is
OK; she lived by a bowling alley which was noisy; it was destroyed by fire and
rebuilt facing away from the homes in the area; she knows what it is to . . expenence n01se.
Mr. Lenny Thom, 615 Parsons, addressed the City Council stating that this is
the City of Destiny; people want to have their weddings here; don't punish
them.
Mr. Bill Dillon, 2251 Pine Street, addressed the City Council stating that the
lawyer from Fountain Blue failed to read the last paragraph of the letter from
the City to Mr. Diamond; he pointed out other times Mr. Diamond got what he
wanted.
Mr. Nicholas Locher, addressed the City Council suggesting that a wall be built
to handle the noise.
General Counsel Friedman read the caption of the Resolution.
Moved by Brookman, seconded by Robinson, to approve Resolution R-114-13,
A RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR THE
EXPANSION OF A COMMERCIAL INDOOR RECREATION BANQUET
FACILITY IN THE C-3 DISTRICT AT 2300 MANNHEIM ROAD, DES
PLAINES, ILLINOIS (CASE #13-003-CU). Upon roll call, the vote was:
A YES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, W alsten, Sojka, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
City Manager Bartholomew and Staff will meet with Mr. Diamond as soon as
possible.
Moved by Sayad, seconded by Charewicz, to concur with recommendation of
Committee of the Whole to adopt Resolution R-113-13, 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: $3,586,958.57. Upon roll call, the
vote was:
A YES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, W alsten, Sojka, Charewicz
COND. USE/ 675
DURSEY LANE:
Ordinance
Z-18-13
NAYS:
ABSENT:
0-None
0-None
Motion declared carried.
Page 7 of 7 7/1/13
Moved by Walsten, seconded by Robinson, to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-18-13, AN
ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO EXPAND
AN ESTABLISHED PLACE OF WORSHIP IN THE R-1 ZONING
DISTRICT AT 675 DURSEY LANE, DES PLAINES, ILLINOIS (CASE #13-
027-CU). Upon roll call, the vote was:
A YES: 8-Haugeberg, Robinson, Rodd, Sayad,
NAYS:
ABSENT:
Brookman, Walsten, Sojka, Charewicz
0-None
0-None
Motion declared carried.
ADJOURNMENT: Moved by Haugeberg, seconded by Sojka, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 8:40 p.m.
APPROVED BY ME THIS S f/s;?__
DAYOF Q~ ,2013