08-05-2013CALL 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, AUGUST 5, 2013
The regular meeting of the City Council of the City
of Des Plaines, Illinois, was called to order by
Mayor Bogusz at 6:16 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center
on Monday, August 5, 2013.
Roll call indicated the following
Haugeberg, Robinson, Rodd, Say ad,
Sojka, Charewicz.
aldermen present:
Brookman, Walsten,
Also present were: City Manager Bartholomew, Director of Finance
Wisniewski, Police Chief Kushner, Fire Chief Wax, Director of Public
Works & Engineering Oakley and General Counsel Friedman.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PRESENTATION:
PUBLIC
HEARING/
CDBG ANNUAL
ACTION PLAN:
Moved by Walsten, seconded by Sayad, to go
Exe cu ti ve Session to discuss Personnel. Upon
call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Sojka, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
The City Council recessed at 6:17 p.m.
The City Council reconvened at 7:15 p.m.
into
roll
Roll call indicated the following Aldermen present:
Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten,
Sojka, Charewicz.
The opening prayer was given by Deputy City Clerk
Peterson, followed by the Pledge of Allegiance to the
Flag.
Police Chief Kushner
Life Saving Award to
decisive and effective
a two year old child.
and Mayor Bogusz presented a
Sergeant Dan Shanahan for his
actions which save the life of
MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR
ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES
CIVIC CENTER, MONDAY, AUGUST 5, 2013
8/5/13
PAGE TWO
CALL TO ORDER: Mayor Bogusz called the Public Hearing to order at
7:19 p.m. The Public Hearing was being held pursuant
to legal notice to give citizens the opportunity to
comment on the City's 2013 Community Development
Block Grant Annual Action Plan for Program Year
October 1, 2013 to September 30, 2014, for which the
City is eligible to receive $278,375 in Federal CDBG
Funds from the U.S. Department of Housing & Urban
Development (HUD)
DISCUSSION: Associate Planner Yu gave a brief overview.
Mayor Bogusz asked for comments from the aldermen and
the public. Final action on this matter under Items
13 and 13a on the Consent Agenda this evening.
The Public Hearing was adjourned at 7:20 p.m.
CITIZEN Mr. Walter Underwood, 487 Prairie Avenue, addressed
PARTICIPATION: the City Council and stated that the Rivers Casino is
appealing its' property taxes; the City should file a
challenge to their appeal.
CONSENT
AGENDA:
Mr. John Graziadei, 1050 Wicke Avenue, addressed the
City Council stating that the State of Illinois is
moving into the Jewel strip mall; maybe the extra
traffic will be a driving force to the State to get a
traffic light at Forest and Lee.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
City Council stating that if the casino is trying to
get their taxes lowered, the City should investigate
it; will there be a Resident Focus Group this year
during the budget process. Alderman Say ad stated
that there would not be a Resident Focus Group this
year.
Ms. Ellen Yearwood, 856 Pearson Street, addressed the
City Council stating that as Secretary to the
Historical Society, she would like to thank the City
and the Park District, business member and volunteers
for their support of the Historical Society.
Moved by Haugeberg, seconded by Sayad, to establish a
Consent Agenda except for i terns 3, 5, Sa, 7, 7 a, 11,
lla, 12 and 12a. Motion declared carried.
CONSENT
(Cont'd.)
MINUTES:
Consent
Agenda
EMERALD ASH
BORER:
Ordinance
M-18-13
8/5/13
PAGE THREE
Moved by Haugeberg, seconded by Sojka, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Walsten, Wilson, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Staff recommendations and requests were approved;
Resolutions R-51-13, R-126-13, R-127-13, R-128-13,
and R-132-13 were adopted; and Ordinance M-16-13 was
adopted.
Moved by Haugeberg, seconded by Sojka, to approve
minutes of the Regular Meeting of the City Council
held July 1, 2013. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Sojka, to approve
minutes of the Executive Session of the City Council
held July 1, 2013. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sojka, seconded by Sayad, to approve minutes
of the Regular Meeting of the City Council held July
15, 2013 as AMENDED. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Sojka, to approve
minutes of the Executive Session of the City Council
held July 15, 2013. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Robinson, to REFER to
the Public Works Committee for further review the
amendment to Title 5, Chapter 5, Section 3 of the
City Code to enforce the removal of hazardous ash
trees infested by the Emerald Ash Borer (EAB) on
private property; and to place on First Reading
Ordinance M-18-13, AN ORDINANCE AMENDING TITLE 5,
"PUBLIC HEALTH AND SAFETY REGULATIONS," CHAPTER 5,
"PLANTS AND WEEDS, fl SECTION 3, "DUTCH ELM DISEASE, fl
OF THE DES PLAINES CITY CODE. Motion declared
carried.
AGREEMENT/
NILES
AUXILIARY
DISPATCH
CENTER:
Consent
Agenda
Resolution
R-51-13
PROPOSAL/
EXECUTIVE
SEARCH SVCS . :
Resolution
R-125-13
HAZARD
MITIGATION
PLAN:
Consent
Agenda
Resolution
R-126-13
PROPOSAL/
2013 CIP/
CONTRACT B/
UTILITY IMP . :
Consent
Agenda
Resolution
R-127-13
8/5/13
PAGE FOUR
Moved by Haugeberg, seconded by Sojka, to concur with
Staff recommendation to approve Intergovernmental
Agreement with the Village of Niles for continued use
of a Niles facility as an Auxiliary 9-1-1 and
Emergency Vehicle Dispatching Center for a lease fee
of $1.00 per year and operation costs not to exceed
$215 per month/Budgeted Funds -DPECC, Miscellaneous
Expenses; and further recommend to adopt Resolution
R-51-13, A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE VILLAGE OF NILES FOR USE OF
AUXILIARY PUBLIC SAFETY ANSWERING POINT FACILITY.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Rodd, to concur with
Staff recommendation to approve proposal from Slavin
Management Consultants, 3040 Holcomb Bridge Road,
Suite Al, Norcross, GA 30071-1357, in an amount not
to exceed $20, 312 for Executive Search Services for
the position of Director of Community & Economic
Development/Not Budgeted, Source of Funding -Human
Resources, Professional Services; and further
recommend to adopt Resolution R-125-13, A RESOLUTION
APPROVING A PROPOSAL FROM SLAVIN MANAGEMENT
CONSULTANTS FOR EXECUTIVE SEARCH SERVICES.
declared carried
Consent Agenda.
as approved unanimously
Motion
under
Moved by Haugeberg, seconded by Sojka, to concur with
Staff recommendation to adopt the Hazard Mitigation
Plan in accordance with the Community Rating System
(CRS) requirements and the comments and revisions
made by the Federal Emergency Management Agency
(FEMA); and further recommend to adopt Resolution R-
126-13, A RESOLUTION ADOPTING THE REVISED 2012 CITY
OF DES PLAINES HAZARD MITIGATION PLAN. Motion
declared carried
Consent Agenda.
as approved unanimously under
Moved by Haugeberg, seconded by Sojka, to concur with
Staff recommendation to approve proposal for the 2013
Capital Improvement Program (CIP), Contract B,
Utility Improvements Construction Observation
Services and contract as Master Task Consultant,
Gewalt Hamilton Associates, Inc. 850 Forest Edge
Drive, Vernon Hills, IL 60061, in an amount not-to-
exceed $81,600.00; and further recommend to adopt
Resolution R-127-13, A RESOLUTION APPROVING A MASTER
CONTRACT WITH GEWALT HAMILTON ASSOCIATES,INC. FOR
ENGINEERING SERVICES AND TASK ORDER NO. 1 F~
CONSTRUCTION OBSERVATION SERVICES FOR THE 2013 ~
CIP
(Cont'd.)
AWARD BID/
FIRE HYDRANTS:
Consent
Agenda
Resolution
R-128-13
AWARD BID/
2013 CIP/
UTILITY IMP. :
Resolution
R-129-13
CHANGE ORDER/
TRAIN STN.
REMODEL:
Resolution
R-130-13
PAGE FIVE
CAPITAL IMPROVEMENT PROGRAM CONTRACT B.
declared carried
Consent Agenda.
as approved unanimously
8/5/13
Motion
under
Moved by Haugeberg, seconded by Sojka, to concur with
Staff recommendation to award bid for the 2013 annual
Fire Hydrant Purchase to HD Supply Waterworks, Ltd.,
22 0 South Westgate Ori ve, Carol Stream, IL 6018 8, in
the amount of $37, 800. 00/Water System Fund -Other
Supplies; and further recommend to adopt Resolution
R-128-13, A RESOLUTION APPROVING AN AGREEMENT WITH HD
SUPPLY WATERWORKS, LTD. FOR THE PURCHASE OF MUELLER
FIRE HYDRANTS. Motion declared carried as approved
unanimously under Consent Agenda.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
City Council and asked what the Contract entails.
Director of Engineering Oakley stated that the
project is for storm sewers to prevent flooding.
Moved by Sojka, seconded by Say ad, to concur with
Staff recommendation to award bid for the 2013
Capital Improvement Program (CIP), Utility
Improvements Contract B to the low bidder, John
Neri Construction Co., Inc., 770 Factory Road,
Addison, IL 60101, in the amount of
$2,171,240.00/Capital Projects Fund, Capital
Outlay/Improvements ($1,771,240) and Capital Projects
Fund Contingency ($400,000); and further recommend to
adopt Resolution R-129-13 AS AMENDED, A RESOLUTION
APPROVING AN AGREEMENT WITH JOHN NERI CONSTRUCITON
CO., INC. FOR THE CONSTRUCTION OF STORM SEWER
IMPROVEMENTS THROUGH THE 2013 CAPITAL IMPROVEMENT
PROGRAM, CONTRACT B. Motion declared carried as
unanimously under Consent Agenda.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
City Council and asked that Director of Engineering
Oakley explain the bid process for this project.
Moved by Walsten, seconded by Haugeberg, to approve
Change Order for the Train Station Remodel and Roof
Coating Project with Tuscany Construction, Inc., 445
West Kay Avenue, Addison, IL 60010, in the amount of
$222,000.00/TIF #1 Fund and investigate different
alternatives for the proposed LED Perimeter Lighting;
and further recommend to adopt Resolution R-130-13, A
RESOLUTION APPROVING A REVISED AGREEMENT BETWEEN THE
CITY AND TUSCANY CONSTRUCTION, INC. FOR THE
REMODELING OF THE DOWNTOWN DES PLAINES TRAIN STATION.
Motion declared carried.
CDBG ANNUAL
ACTION PLAN:
Consent
Agenda
Resolution
R-132-13
APPOINTMENT:
Consent
Agenda
ORDINANCE
M-16-13/
LIQ. LIC./
1414 OAKTON:
Consent
Agenda
WARRANT
REGISTER:
8/5/13
PAGE SIX
Moved by Sayad, seconded by Robinson, to concur with
Staff recommendation to approve Community Development
Block Grant (CDBG) Action Plan for program year
October 1, 2013 through September 30, 2014, as
presented at Public Hearing held August 5, 2013,
further recommend to adopt Resolution R-132-13, A
RESOLUTION APPROVING THE CITY OF DES PLAINES
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2013 ANNUAL
ACTION PLAN. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Robinson, to concur with
Mayoral recommendation of John W. Heavey to the
Emergency Telephone Systems Board (ETSB), term to
expire yet to be determined, pending State
Legislation. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Robinson, to adopt
Ordinance M-16-13, AN ORDINANCE AMENDING TITLE 4,
"BUSINESS REGULATIONS, II CHAPTER 4' "INTOXICATING
LIQUORS' II SECTION 5' "LICENSE FEES AND NUMBER, II OF
THE DES PLAINES CITY CODE TO ADD ONE CLASS A-1 LIQUOR
LICENSE FOR BOHEMIANS, LLC D/B/A BLACK RAM RESTAURANT
AND BAR LOCATED AT 1414 OAKTON STREET, DES PLAINES,
ILLINOIS. 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
Moved by Brookman, seconded by Charewicz, to
recommend to the City Council approval of the August
5, 2013 Warrant Register, in the total amount of
$3,944,082.25; and further recommend that Resolution
R-131-13 be adopted at appropriate time this evening.
Motio n declared carried.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
DENY MAP
AMEND./1645
BIRCHWOOD:
Resolution
R-133-13
8/5/13
PAGE SEVEN
Moved by Rodd, seconded by Sojka, to waive the rules
and allow public input. Motion declared carried.
Mr. Tony Peraica, 5130 South Archer Avenue, Chicago,
addressed the Committee of the Whole stating that he
is the Attorney for the Islamic Center; he requested
that one of the five ( 5) Aldermen who voted against
the Map Amendment change their vote; he also
presented a letter from the Council on American-
Islamic Relations (CAIR) requesting that the City
Council grant the Map Amendment.
Mr. Omer Sulejman, 1166 Ardmore Court, Schaumburg,
addressed the Committee of the Whole stating that the
American Islamic Center has 160 members; he gave a
history of Bosnia; we need a house of worship.
Mr. Brian Burkross, 1133 Webster Lane, addressed the
Committee of the Whole stating that he is not against
a church, but he is against a church in an industrial
area; his business is next to a church in the City of
Chicago; children play in the street and on the
docks; this is a danger in an industrial area.
Mr. Vernes Dereovic, 1319 Harding Avenue, addressed
the Committee of the Whole stating that as a long-
time resident, he is disappointed with the denial of
the Map Amendment; traffic will not be a problem.
Mr. Scott Luedko, 1600 Birchwood Avenue, addressed
the Cornmi ttee of the Whole stating that he is the
Plant Manager at Pexco; they have a heavy load of
trucks in the area seven days a week; they have to be
operational 24 hours a day; they are looking to
expand and will have to look elsewhere if there are
safety and/or traffic problems.
Mr. Jim Anton, 1633 Birchwood Avenue, addressed the
Committee of the Whole stating that he is the owner
of Rahco Rubber; he is concerned because large trucks
have blind spots; if the AIC is granted the Map
Amendment, he would request that the facility be
fenced in; the AIC wants to be good neighbors.
Moved by Walsten, seconded by Charewicz, to adopt
Resolution R-133-13, A RESOLUTION DENYING A ZONING
MAP AMENDMENT UNDER SECTION 3.7 OF THE ZONING
ORDINANCE TO RECLASSIFY THE PROPERTY LOCATED AT 1645
BIRCHWOOD AVENUE, DES PLAINES, ILLINOIS FROM THE M-2
ZONING DISTRICT TO THE I-1 ZONING DISTRICT. (CASE
#13-012-MAP) . ~
8/5/13
PAGE EIGHT
1645 BIRCHWOOD Motion by Sayad, seconded by Walsten, to go into
(Cont'd.) Exe cu ti ve Session to discuss Threatened Litigation.
COND. USE/
1388-1398
PRAIRIE:
Ordinance
Z-20-13
WARRANT
REGISTER:
Resolution
R-131-13
Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Sojka, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
The City Council recessed at 8:55 p.m.
The City Council reconvened at 9:19 p.m.
Upon roll call to adopt R-133-13, the vote was:
AYES: 5-Haugeberg, Sayad,
Brookman, Walsten, Charewicz
NAYS: 3-Robinson, Rodd, Sojka
ABSENT: 0-None
Motion declared carried.
Moved by Haugeberg, seconded by Sayad, to adopt
Ordinance Z-20-13, AN ORDINANCE GRANTING A
CONDITIONAL USE PERMIT FOR AN ACCESSORY DRIVE-THROUGH
FACILITY AT A FINANCIAL INSTITUTION IN THE C-5 ZONING
DISTRICT AT 1388-1398 PRAIRIE AVENUE, DES PLAINES,
ILLINOIS. (CASE #13-028-CU). Upon roll call, the
vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Sojka, Charewicz
NAYS: 1-Walsten
ABSENT: 0-None
Motion declared carried.
Moved by Sayad, seconded by Haugeberg, to concur with
recorrunendation of Corrunittee of the Whole to adopt
Resolution R-131-13, 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: $3,944,082.25. Upon roll call,
the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Sojka, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
STRATEGIC
PLAN:
Resolution
R-124-13
ADJOURNMENT :
8/5/13
PAGE NINE
Moved by Charewicz, seconded by Walsten, to adopt
Resolution R-124-13, A RESOLUTION ADOPTING THE 2013
CITY OF DES PLAINES STRATEGIC PLAN. Upon roll call,
the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Sojka, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Walsten, seconded by Robinson, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 9:35 p.m.
APPROVED BY ME THIS \ C\ --\-~