02-04-2013
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, FEBRUARY 4, 2013
CALL TO
ORDER:
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Acting Mayor Michael Charewicz at 6:00 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday,
February 4, 2013.
ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Bogusz, Sayad, Brookman, Walsten, Wilson, and Charewicz.
Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Police Chief
Kushner, Fire Chief Wax, Director of Public Works and Engineering Oakley, Director of Community
& Economic Development Dambach, and General Counsel Friedman and Weiss.
Acting Mayor Charewicz requested a motion in consideration of selecting an
Acting Mayor.
Moved by Brookman, seconded by Sayad, to select Alderman Patricia
Haugeberg to serve as Acting Mayor of the City of Des Plaines for the period of
February 4, 2013 until February 19, 2013, and to select Alderman Dick Sayad
to serve as Acting Mayor from February 19, 2013 until April 15, 2013.
Moved by Bogusz, seconded by Wilson, for a substitute motion to select
Acting Mayor Michael Charewicz to fill the term left by former Mayor Martin
J. Moylan. Upon roll call, the vote was:
AYES: 3-Robinson, Bogusz, Wilson
NAYS: 5-Haugeberg, Sayad, Brookman,
Walsten, Charewicz
ABSENT: 0-None
Motion declared FAILED.
Upon roll call for the original motion to select Alderman Patricia Haugeberg to
serve as Acting Mayor of the City of Des Plaines for the period of February 4,
2013 until February 19, 2013, and to select Alderman Dick Sayad to serve as
Acting Mayor from February 19, 2013 until April 15, 2013, the vote was:
AYES: 5-Haugeberg, Sayad,
Brookman, Walsten, Charewicz
NAYS: 3-Robinson, Bogusz, Wilson
ABSENT: 0-None
Motion declared carried.
City Clerk Ludwig administered the Oath of Office for Alderman Haugeberg as
Acting Mayor.
EXECUTIVE
SESSION:
Moved by Sayad, seconded by Brookman, to go into Executive Session to
discuss Collective Bargaining, Pending and Probable Litigation and
Page 2 of 8 2/4/13
EXECUTIVE
SESSION:
(Cont’d)
Compensation of Specific Employees in the City. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Walsten, Wilson, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion passed unanimously without objection.
The City Council recessed at 6:02 p.m.
The City Council reconvened at 7:15 p.m.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Bogusz, Sayad, Brookman, Walsten, Wilson and Charewicz.
PRAYER AND
PLEDGE:
The opening prayer was given by The Reverend Tim Roames of the Good
News Christian Church, followed by the Pledge of Allegiance to the Flag.
SWEARING-IN
CEREMONY:
Police Chief Kushner announced the promotions of Paul Burger and Chester
Zaprzalka. City Clerk Ludwig administered the Oath of Office to Deputy Chief
of Police Paul Burger and Commander of Support Services Chester Zaprzalka.
PUBLIC
HEARING/
2013
APPROPRIATION:
DISCUSSION:
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER, MONDAY, FEBRUARY 4, 2013
Acting Mayor Haugeberg called the Public Hearing to order at 7:20 p.m. The
Public Hearing was being held pursuant to legal notice (published in the
Journal – Topics newspaper on Friday, January 25, 2013) to discuss the
Proposed 2013 Appropriation Ordinance for the City of Des Plaines, Cook
County, Illinois.
Director of Finance Wisniewski reviewed her Memorandum of January 23,
2013 regarding the Public Hearing Notice of the 2013 Appropriation
Ordinance.
Acting Mayor Haugeberg asked for comments from the aldermen and the
public. There were no comments. This item has been placed on Consent
Agenda.
The Public Hearing was adjourned at 7:22 p.m.
The City Council reconvened at 7:23 p.m.
CITIZEN PART.: Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council asking
about a minimum charge for water and sewer usage. Finance Director
Wisniewski and City Manager Bartholomew answered Mr. Burkross’s
questions.
Page 3 of 8 2/4/13
Ms. Liz Makelim, 680 Rose Avenue, addressed the City Council inviting
everyone to attend various upcoming events sponsored by the Des Plaines
History Center.
MINUTES:
Consent
Agenda
Moved by Sayad, seconded by Charewicz, to approve minutes of the Regular
Meeting of the City Council held January 7, 2013, as published. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Charewicz, to approve minutes of the Executive
Session of the City Council meeting held January 7, 2013. Motion declared
carried as approved unanimously under Consent Agenda.
2013
APPROPRIATION:
Consent
Agenda
Ordinance
M-3-13
Moved by Sayad, seconded by Charewicz, to concur with Staff
recommendation to pass and adopt the 2013 Appropriation Ordinance; and
further recommend to place on First Reading Ordinance M-3-13, AN
ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES
OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR
MUNICIPAL PURPOSES DESIGNATED AS THE “ANNUAL
APPROPRIATION ORDINANCE” FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013. Motion declared
carried as approved unanimously under Consent Agenda.
STORM WATER
MASTER PLAN,
PHASE II DESIGN
ENG. SVCS.:
Consent
Agenda
Resolution
R-23-13
Moved by Sayad, seconded by Charewicz, to concur with Staff
recommendation to accept the design proposal from Gewalt Hamilton
Associates, Inc., 850 Forest Edge Drive, Vernon Hills, Illinois 60061, in the
amount of $51,800.00 (Capital Project Fund); and further recommend to adopt
Resolution R-23-13, A RESOLUTION APPROVING AN AGREEMENT
WITH GEWALT HAMILTON ASSOCIATES, INC., FOR ENGINEERING
DESIGN SERVICES FOR THE STORM WATER MASTER PLAN, PHASE
II. Motion declared carried as approved unanimously under Consent Agenda.
2009 9-1-1 COM.
SYSTEM/NILES/
NSECC JETS BD.:
Consent
Agenda
Resolution
R-24-13
Moved by Sayad, seconded by Charewicz, to concur with Staff
recommendation to approve the Resolution adopting the intergovernmental
agreement with the Village of Niles for the transfer of ownership of the Viper
System equipment; and further recommend to adopt Resolution R-24-13, A
RESOLUTION APPROVING AN AGREEMENT WITH THE VILLAGE OF
NILES CONVEYING TITLE TO COMMUNICATIONS EQUIPMENT.
Motion declared carried as approved unanimously under Consent Agenda.
2013 MFT COSTS/
STREET/HGHWY/
IDOT:
Consent
Agenda
Resolution
R-26-13
Moved by Sayad, seconded by Charewicz, to concur with Staff
recommendation to approve the Municipal Estimate of Maintenance Costs and
Illinois Department of Transportation (IDOT) Resolution for Maintenance of
Streets and Highways in the amount of $1,504,500.00 (2013 Motor Fuel Tax
Fund); and further recommend to adopt Resolution R-26-13, A RESOLUTION
AUTHORIZING THE EXECUTION OF A STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION “RESOLUTION FOR
MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY
Page 4 of 8 2/4/13
UNDER THE ILLINOIS HIGHWAY CODE,” FOR THE PURPOSE OF
MAINTAINING STREETS AND HIGHWAYS IN THE CITY (13-00000-00-
GM). Motion declared carried as approved unanimously under Consent
Agenda.
ADVERTISE BID/
DOWNTOWN
TRAIN STATION
REMODELING:
Consent
Agenda
Moved by Sayad, seconded by Charewicz, to concur with Staff
recommendation to authorize staff to advertise for bid of the Renovation
Program for The Des Plaines Train Station, 1501 Miner Street, with an opening
date of Tuesday, March 5, 2013 at 3:00 p.m. Motion declared carried as
approved unanimously under Consent Agenda.
ORDINANCE
M-2-13
AMEND CITY
CODE/
MAYORAL
VACANCIES:
Alderman Bogusz requested that this Item be removed from Consent Agenda
for further discussion.
Moved by Sayad, seconded by Brookman, to adopt Ordinance M-2-13, AN
ORDINANCE AMENDING TITLE 1, “ADMINISTRATIVE,” CHAPTER 5,
“MAYOR,” OF THE DES PLAINES CITY CODE. Upon roll call, the vote
was:
AYES: 5-Haugeberg, Sayad, Brookman,
Walsten, Charewicz
NAYS: 3-Robinson, Bogusz, Wilson
ABSENT: 0-None
Motion declared carried.
TEMP.
EMERGENCY
REPAIR LIFT
STATION/150
NORTH RIVER
RD.:
Consent
Agenda
Resolution
R-28-13
Moved by Sayad, seconded by Charewicz, to concur with Staff
recommendation to hire Metropolitan Pump Company, 37 Forestwood Drive,
Romeoville, Illinois 60446-1343 for a temporary lift station system in the
approximate amount of $8,000.00 and for a permanent replacement control
panel in the approximate amount of $40,000.00; and further recommend to
adopt Resolution R-28-13, A RESOLUTION APPROVING AND
AUTHORIZING EMERGENCY REPLACEMENT OF A SANITARY
SEWAGE LIFT STATION CONTROL PANEL. Motion declared carried as
approved unanimously under Consent Agenda.
ACTING MAYOR HAUGEBERG DECLARED THAT THE CITY
COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE
WHOLE
FINANCE & ADMINISTRATION – Alderman Bogusz, Chair
WARRANT
REGISTER:
Alderman Sayad requested that the Minutes reflect his disagreement with the
charges on Page 1 of the Warrant Register regarding the IT Shared Services
Agreement with the Village of Glenview in the amount of $8.067.86.
Alderman Charewicz stated that a resident requested clarification of the charge
on Page 12 of the Warrant Register regarding the Special Events Holiday
Page 5 of 8 2/4/13
Shopping Spree in the amount of $496.82. Director of Finance Wisniewski
explained the escrow account and answered questions from the Aldermen.
WARRANT
REGISTER:
Moved by Charewicz, seconded by Robinson, to recommend to the City
Council approval of the February 4, 2013 – Warrant Register, in the total
amount of $2,327,012.12; and further recommend that Resolution R-22-13 be
adopted at appropriate time this evening. Motion declared carried.
COMMUNITY DEVELOPMENT – Alderman Walsten, Vice Chair
TEXT
AMENDMENT/
CITY CODE/
MASSAGE
PARLORS:
Director of Community & Economic Development Dambach reviewed his
Memorandum of January 15, 2013, regarding a request by Holy Family Medical
Center to allow Massage Therapy, Inc. for a Text Amendment to the City of
Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.5.1,
Institutional District Use Matrix, to allow for Massage Parlors in the I-1,
Institutional District. The Plan Commission voted (4-0) to recommend
approval of the zoning text amendment as proposed.
Lauren Cannon, Rehab Director, on behalf of Holy Family Medical Center and
Ms. Martha Schevers, Owner of Massage Therapy, Inc. and a Licensed
Massage Therapist appeared before the Committee of the Whole and answered
questions from the Aldermen.
Moved by Brookman, seconded by Bogusz, to amend the Ordinance that a
Massage Parlor be changed from a Permitted Use to a Conditional Use.
Aldermen Haugeberg, Bogusz, Sayad, Brookman and Charewicz agreed.
Aldermen Robinson, Walsten and Wilson did not agree.
Moved by Wilson, seconded by Robinson, to amend the Ordinance by adding
“medical office building” as a Conditional Use. Aldermen Haugeberg, Bogusz,
Sayad, Walsten and Charewicz agreed. Aldermen Robinson, Walsten and
Wilson did not agree. Motion declared carried.
ACCESSORY
DRIVE-THRU
FACILITY/ 1555-
1563
ELLINWOOD ST.:
Director of Community & Economic Development Dambach reviewed his
Memorandum of January 24, 2013, regarding a request by Petitioner Jim Kaiser
(U.S. Bank) for a Conditional Use Permit under Section 7.3-8-C of the 1998
City of Des Plaines Zoning Ordinance, as amended, to authorize an accessory
drive-through facility at a financial institution in the C-5, Central Business
Zoning District, Case #12-070-CU. At its December 11, 2012 meeting, the
Zoning Board of Appeals recommended (4-2) that the City Council disapprove
the Conditional Use Permit for the establishment of a financial institution with
accessory drive-through in the C-5, Central Business District. Director of
Community & Economic Development Dambach answered questions from the
Aldermen.
Mr. Dan Dowd, 701 Lee Street, Attorney representing the Petitioner, addressed
the Committee of the Whole and answered questions from the Aldermen.
Mr. Bill Fanter, 136 South Washington, Naperville, is the Chicago Regional
Page 6 of 8 2/4/13
1555-1563
ELLINWOOD ST.:
(Cont’d)
Manager for U.S. Bank addressed the Committee of the Whole and answered
questions from the Aldermen.
Moved by Charewicz, seconded by Haugeberg, to recommend to the City
Council to DENY the request for a Conditional Use Permit at appropriate time
this evening. Motion declared carried. Aldermen Robinson did not agree.
AMEND ZONING/
RECLASSIFY/
30 NORTH
DES PLAINES
RIVER RD:
Director of Community & Economic Development Dambach reviewed his
Memorandum of January 15, 2013, regarding a request by Petitioners Samir and
Avani Patel for an Amendment to the Official Des Plaines Zoning Map, as
amended, to reclassify the property from the C-2 Limited Office Commercial
Zoning District to the C-3 General Commercial Zoning District and answered
questions from the Aldermen. At its January 14, 2013 meeting, the Plan
Commission recommended that the City Council approve the reclassification.
Moved by Charewicz, seconded by Robinson, to recommend to the City
Council to approve the request for an Amendment to the Official Des Plaines
Zoning Map, as amended, to reclassify the property located at 30 North Des
Plaines River Road from the C-2 Limited Office Commercial Zoning District to
the C-3 General Commercial Zoning District at appropriate time this evening.
Motion declared carried.
ACTING MAYOR HAUGEBERG ASSUMED THE CHAIR AND
DECLARED THE CITY COUNCIL BACK IN SESSION.
WARRANT
REGISTER:
Resolution
R-22-13
Moved by Bogusz, seconded by Sayad, to concur with recommendation of
Committee of the Whole to adopt Resolution R-22-13, 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, AS AMENDED. Total: $2,327,012.12.
Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Wilson, Charewicz
NAYS: 1-Walsten
ABSENT: 0-None
Motion declared carried.
Alderman Sayad requested that the Minutes reflect his disagreement with the
charges on Page 1 of the Warrant Register regarding the IT Shared Services
Agreement with the Village of Glenview in the amount of $8.067.86.
TEXT
AMENDMENT/
CITY CODE/
MASSAGE
PARLORS:
General Counsel Friedman reviewed the amendments recommended by the
Committee of the Whole amending Ordinance Z-3-13 as follows: (1) change
from the name of Massage Parlor to Massage Establishment consistent with the
City Code throughout; (2) to change Massage Establishments in the
Institutional Districts to Conditional Uses from Permitted Uses; and (3) to
Page 7 of 8 2/4/13
Ordinance
Z-3-13
change the footnote under Table 7.5-1 Institutional District Use Matrix in
“When located on the same Zoning Lot as a Hospital” to “When located on the
same Zoning Lot as a Medical Office Building”.
Moved by Walsten, seconded by Sayad, to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-3-13, AN
ORDINANCE AUTHORIZING A TEXT AMENDMENT TO TABLE 7.5-1,
“INSTITUTIONAL DISTRICTS USE MATRIX,” OF THE CITY OF DES
PLAINES ZONING CODE, as Amended. 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.
ORDINANCE
Z-3-13
TEXT
AMENDMENT/
CITY CODE/
MASSAGE
PARLORS:
Moved by Wilson, seconded by Charewicz, to advance to Second Reading and
adopt Ordinance Z-3-13, AN ORDINANCE AUTHORIZING A TEXT
AMENDMENT TO TABLE 7.5-1, “INSTITUTIONAL DISTRICTS USE
MATRIX,” OF THE CITY OF DES PLAINES ZONING CODE, as Amended.
Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz,
Brookman, Walsten, Wilson, Charewicz
NAYS: 1-Sayad
ABSENT: 0-None
Motion declared carried.
ACCESSORY
DRIVE-THRU
FACILITY/
1555-1563
ELLINWOOD ST.:
Ordinance
Z-1-13
Moved by Walsten, seconded by Charewicz, to concur with recommendation of
Committee of the Whole to DENY the request for a Conditional Use Permit
under Section 7.3-8-C of the 1998 City of Des Plaines Zoning Ordinance, as
amended, to authorize an accessory drive-through facility at a financial
institution in the C-5, Central Business Zoning District, Case #12-070-CU.
Upon roll call, the vote was:
AYES: 7-Haugeberg, Bogusz, Sayad,
Brookman, Walsten, Wilson, Charewicz
NAYS: 1-Robinson
ABSENT: 0-None
Motion declared carried.
AMEND ZONING/
RECLASSIFY/
30 NORTH
DES PLAINES
RIVER RD:
Ordinance
Z-4-13
Moved by Walsten, seconded by Robinson, to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-4-13, AN
ORDINANCE GRANTING A MAP AMENDMENT FROM C-2, LIMITED
OFFICE COMMERCIAL TO C-3, GENERAL OFFICE COMMERCIAL FOR
THE PROPERTY LOCATED AT 30 N. DES PLAINES RIVER ROAD, DES
PLAINES, ILLINOIS (CASE #12-075-MAP). 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.
Page 8 of 8 2/4/13
AMEND CITY
CODE/ 2013
WATER/SEWER
RATES:
Ordinance
M-4-13
Director of Finance Wisniewski reviewed her Memorandum of January 23,
2013 and answered questions from the Aldermen. Staff recommends that the
City Council approve the water rate at $4.686 per 100 cubic feet. This rate
incorporates the pass-through of the Chicago rate as well as the matching City’s
cost increase that will allow the Water/Sewer fund to maintain a positive fund
balance. Staff does not recommend an increase in the sewer rate.
Moved by Sayad, seconded by Brookman, to allocate $1,000,000.00 taken from
the Reserve account to help alleviate the cost of the water rate increase from
Chicago. Upon roll call, the vote was:
AYES: 2-Sayad, Brookman
NAYS: 6-Haugeberg, Robinson, Bogusz,
Walsten, Wilson, Charewicz
ABSENT: 0-None
Motion declared FAILED.
Motion by Brookman for a substitute motion to not approve the 15% increase
in water rates. Motion DIED for lack of a second.
Moved by Charewicz, seconded by Wilson, to place on First Reading and
approve Ordinance M-4-13, AN ORDINANCE AMENDING TITLE 9,
“PUBLIC UTILITIES,” CHAPTER 1, “WATER SYSTEM REGULATIONS,”
SECTION 7, “RATES” OF THE DES PLAINES CITY CODE. Upon roll call,
the vote was:
AYES: 2-Wilson, Charewicz
NAYS: 6-Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Walsten
NAYS: 0-None
ABSENT: 0-None
Motion declared FAILED.
ADJOURNMENT: Moved by Sayad, seconded by Brookman, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 9:28 p.m.
Gloria J. Ludwig – CITY CLERK
APPROVED BY ME THIS
DAY OF , 2013
______________________________
ACTING MAYOR