12-16-2013CALL 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, DECEMBER 16, 2013
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Mayor Bogusz at 7:01 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on Monday, December
16,2013.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Rodd, Sayad, W alsten, Sojka and Charewicz. Alderman Brookman was absent.
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 Sakas, Senior Planner Mangum, Associate Planner Yu, Building & Property
Inspections Supervisor Ehrke, Director of Information Technology Sora, and General Counsel
Friedman.
PRAYER AND
PLEDGE:
PUBLIC
HEARING/2012
CDBGCAPER
REPORT:
DISCUSSION:
The opening prayer was given by Pastor Phil Brnening of Immanuel Lutheran
Church, followed by the Pledge of Allegiance.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER, MONDAY, DECEMBER
16, 2013
Mayor Bogusz called the Public Hearing to order at 7 :02 p.m. The Public
Hearing was being held pursuant to legal notice to give citizens the opportunity
to comment on the City's Consolidated Annual Performance & Evaluation
Report (CAPER) for Program Year 2012, detailing the City's use of
Community Development Block Grant (CDBG) Funds, beginning October 1,
2012 and ending September 30, 2013.
Associate Planner Yu presented the Program Year 2012 Consolidated Annual
Performance & Evaluation Report (CAPER) which indicates how the public
service, housing and public facility programs performed in respect to the goals
established in the PY2012 Annual Action Plan. Social demographic data is
also illustrated to ensure that the Community Development Block Grant
(CDBG) program is efficiently working for residents most in need. To save on
the use of City resources, the actual CAPER document is available online only.
The period for Public Comment was from November 27, 2013 through
December 16, 2013. No public comments were received. Staff recommends
that it be adopted by the City Council after the public hearing to be submitted
to HUD by December 30, 2013.
There will be final action on this matter under Items 6 and 6a on the Consent
Agenda later this evening. ~~i
CITIZEN
PART.:
CITY CLERK
ANNOUNCEMENTS:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
Page 2 of 7 12/16/13
There were no comments or questions from the aldermen or residents.
The Public Hearing was adjourned at 7:04 p.m.
The City Council reconvened at 7:05 p.m.
Mr. Don Malina, 534 Clayton Lane, addressed the City Council stating that the
sewers in his area are done; leaves are cleaned up.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that
he had no complaints; he wished everyone a Merry Christmas, good health and
happiness.
Mr. Larry Arkus, representing his father who lives on Cedar Street, addressed
the City Council referring to the article in the Journal newspaper regarding the
flood in April, 2013 and asked for an update on the river. Mayor Bogusz stated
that Director of Public Works and Engineering Oakley can give him an update
after tonight's meeting.
City Clerk Ludwig announced that City Hall will be closed on Wednesday,
December 25, 2013 in observance of Christmas Day and on Wednesday,
January 1, 2014 in observance of New Year's Day; Election information for the
March 18, 2014 Primary has been posted on the City's website.
Motion by Haugeberg, seconded by Sayad, to establish the Consent Agenda.
Motion declared carried.
Motion by W alsten, seconded by Sayad, to approve Consent Agenda. Upon roll
call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
W alsten, Sojka, Charewicz
NAYS: 0-None
ABSENT: I-Brookman
Motion declared carried.
The minutes were approved; Staff recommendations and requests were approved;
Resolutions R-190-13, R-191-13, R-198-13, R-199-13 and R-201-13 were adopted.
Moved by W alsten, seconded by Sayad, to approve minutes of the Executive
Session of the City Council meeting held November 4, 2013. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by W alsten, seconded by Sayad, to approve minutes of the Regular
Meeting of the City Council held December 2, 2013, as published. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Walsten, seconded by Sayad, to approve minutes of the Executive
Session of the City Council meeting held December 2, 2013. Motion declared
carried as approved unanimously under Consent Agenda. ~~'f.
AGR./RENEW
CONTRACT/
TELEPHONE
SVCS.:
Consent
Agenda
Resolution
R-190-13
AGR./RENEW
CONTRACT/
COMMUNICATION
SVCS.:
Consent
Agenda
Resolution
R-191-13
2012 CDBG
CAPER:
Consent
Agenda
Resolution
R-199-13
ADOPT FINAL
HAZARD
MITIGATION
PLAN:
Consent
Agenda
Resolution
R-201-13
SETTLEMENT
AGR./ FIRST
AMENDMENT TO
LEASE-NEW
CINGULAR
WIRELESS PCS,
LLC/ 1850 MINER
Page 3 of 7 12/16/13
Moved by W alsten, seconded by Sayad, to approve the renewal of the 24-month
contract with Call One based on the negotiated rates and discounts of the
Suburban Purchasing Cooperative Telecommunications Agreement for voice
grade (POTS), Centrex and low-baud data circuits; and further recommend to
adopt Resolution R-190-13, A RESOLUTION APPROVING A CUSTOMER
SERVICE AGREEMENT RENEWAL WITH CALL ONE, INC. FOR
TELECOMMUNICATION SERVICES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Walsten, seconded by Sayad, to concur with Staff recommendation
to approve the renewal of the 12-month contract with Call One based on the
negotiated rates and discounts of the Suburban Purchasing Cooperative
Telecommunications Agreement for voice grade (POTS), Centrex and low-baud
data circuits; and further recommend to adopt Resolution R-191-13, A
RESOLUTION APPROVING A CUSTOMER SERVICE AGREEMENT
RENEWAL WITH CALL ONE, INC. FOR CENTREX SERVICES. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by W alsten, seconded by Sayad, to concur with Staff recommendation
to approve 2012 Community Development Block Grant (CDBG)
Comprehensive Annual Performance and Evaluation Report (CAPER); and
further recommend to adopt Resolution R-199-13, A RESOLUTION
REQUESTING APPROVAL FROM THE CITY OF DES PLAINES CITY
COUNCIL OF THE CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER) FOR PROGRAM YEAR 2012, A
REPORT IN CONJUNCTION WITH THE ANNUAL COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by W alsten, seconded by Sayad, to concur with Staff recommendation
to adopt the City of Des Plaines Hazard Mitigation Plan; and further
recommend to adopt Resolution R-201-13, A RESOLUTION ADOPTING THE
FINAL REVISIONS TO THE 2012 CITY OF DES PLAINES HAZARD
MITIGATION PLAN. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by W alsten, seconded by Sayad, to concur with Staff recommendation
to approve the Settlement Agreement and Lease Amendment with New
Cingular Wireless PCS, LLC; and further recommend to adopt Resolution R-
198-13, A RESOLUTION APPROVING AND AUTHORIZING THE
EXECUTION OF A SETTLEMENT AGREEMENT AND LEASE
AMENDMENT BETWEEN THE CITY OF DES PLAINES AND NEW
CINGULAR WIRELESS PCS, LLC REGARDING WIRELESS ANTENNAS
fa~
ST.:
Consent
Agenda
Resolution
R-198-13
WARRANT
REGISTER:
COND. USE/ 1550
MT. PROSPECT
RD.:
COND. USE/ 1157
ALGONQUIN RD.:
Page 4 of 7 12/16/13
AT 1850 MINER ST. 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
Alderman Sayad asked questions regarding the charge from United Parcel
Service in the amount of$1,191.37 on Page 13 of the Warrant Register. Fire
Chief Wax answered questions from the Aldermen.
Alderman Sayad provided a list of invoices submitted by Holland & Knight in
the total amount of$7,211.00 from the Warrant Register of December 16, 2013
and did not agree with paying these invoices.
City Manager Bartholomew and General Counsel Friedman answered questions
from the Aldermen.
Moved by Haugeberg, seconded by Charewicz, to recommend to the City
Council approval of the December 16, 2013 -Warrant Register, in the total
amount of $14,784,428.82; and further recommend that Resolution R-197-13 be
adopted at appropriate time this evening. Motion declared carried. Alderman
Sayad agreed with payment of the items on the Warrant Register of December
16, 2013, with the exception of the invoices from Holland & Knight in the total
amount of $7,211.00.
COMMUNITY DEVELOPMENT-Alderman Walsten, Chair
Senior Planner Mangum reviewed his Memorandum of November 27, 2013
regarding a request from Petitioner M. I. Subhani for a Conditional Use Permit
under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended,
for the operation of a Wholesale Goods Establishment in the C-3 Zoning
District at 1550 Mount Prospect Road, Case #13-056-CU.
Moved by Charewicz, seconded by Sayad, to recommend to the City Council
approval to place on First Reading Ordinance Z-28-13 at appropriate time this
evening. Motion declared carried. Alderman Haugeberg did not agree.
Senior Planner Mangum reviewed his Memorandum of November 27, 2013
regarding a request from Petitioner Wioletta Piertrzak-Szlapczynski for a
Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning
Ordinance, as amended, to establish a Child Care Center in the C-1 Zoning
District at 1157 Algonquin Road, Case #13-059-CU. ~ti-
COND. USE/ 2063
FRONTAGE RD.:
ZONING
RESTRICTIONS/
MEDICAL
CANNABIS:
Page 5 of 7 12/16/13
Moved by Rodd, seconded by Sojka, to recommend to the City Council
approval to place on First Reading Ordinance Z-29-13 at appropriate time this
evening. Motion declared carried.
Senior Planner Mangum reviewed his Memorandum of November 27, 2013
regarding a request from Petitioner Todd Fingerman for a Conditional Use
Permit under Section 7.4-5-C of the 1998 Des Plaines Zoning Ordinance, as
amended, for the operation of a Recycling Center in the M-2 Zoning at 2063
Frontage Road, Case #13-061-CU.
Moved by Walsten, seconded by Robinson, to recommend to the City Council
approval to place on First Reading Ordinance Z-30-13 at appropriate time this
evening. Motion declared carried.
Senior Planner Mangum reviewed his Memorandum of December 4, 2013
regarding Zoning Restrictions on Medical Cannabis Cultivation Centers and
Dispensing Organizations. The State of Illinois recently approved legislation to
authorize Medical Cannabis Centers and Dispensing Organizations and these
uses are not currently addressed within the City's Zoning Ordinance. Staff
recommends that the City Council should adopt Resolution R-200-13 giving
notice to the public and directing the Plan Commission to hold a hearing
regarding zoning restrictions on Cultivation Centers and Dispensing
Organizations. General Counsel Friedman answered questions from the
Aldermen.
Moved by Rodd, seconded by W alsten, to recommend to the City Council
approval to adopt Resolution R-200-13 at appropriate time this evening.
Motion declared carried.
SUSTAINABILITY Senior Planner Mangum reviewed his Memorandum of December 6, 2013
REPORT/GOALS: regarding a Sustainability Report and Sustainability Goals and answered
questions from the Aldermen.
Moved by Rodd, seconded by Sayad, to recommend to the City Council
approval to adopt Resolution R-202-13 at appropriate time this evening.
Motion declared carried.
COMMUNITY SERVICES -Alderman Robinson, Chair
PRESENTATION/ Mr. Steve Samuelson, Executive Director of the Frisbie Senior Center,
DES PLAINES addressed the Committee of the Whole regarding Grant Funding reviewing the
SENIOR CENTER: accomplishments during 2013 and presenting the goals and objectives for 2014.
Mr. Samuelson answered questions from the Aldermen.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION. JY
WARRANT
REGISTER:
Resolution
R-197-13
COND. USE/ 1550
MT. PROSPECT
RD.:
ORDINANCE
Z-28-13
COND. USE/ 1157
ALGONQUIN RD.:
ORDINANCE
Z-29-13
COND. USE/ 2063
FRONTAGE RD.:
ORDINANCE
Z-30-13
ZONING
RESTRICTIONS/
MEDICAL
CANNABIS:
RESOLUTION
R-200-13
Page 6 of 7 12/16/13
Moved by Sayad, seconded by Haugeberg, to concur with recommendation of
Committee of the Whole to adopt Resolution R-197-13, 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: $14,784,428.82. Upon roll call, the
vote was:
A YES: 7-Haugeberg, Robinson, Rodd, Sayad,
W alsten, Sojka, Charewicz
NAYS: 0-None
ABSENT: 1-Brookman
Motion declared carried.
Alderman Sayad agreed with payment of the items on the W atTant Register of
December 16, 2013, with the exception of the invoices from Holland & Knight
in the total amount of $7,211.00.
Moved by Haugeberg, seconded by Sayad, to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-28-13, AN
ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE
OPERATION OF A WHOLESALE GOODS ESTABLISHMENT IN THE C-3
ZONING DISTRICT AT 1550 S. MOUNT PROSPECT ROAD, DES
PLAINES, ILLINOIS (Case #13-056-CU). Upon roll call, the vote was:
A YES: 5-Rodd, Sayad,
W alsten, Sojka, Charewicz
NAYS: 2-Haugeberg, Robinson
ABSENT: I-Brookman
Motion declared carried.
Moved by W alsten, seconded by Sojka, to place on First Reading Ordinance Z-
29-13, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR THE OPERATION OF A CHILD CARE CENTER IN THE C-1
ZONING DISTRICT AT 1157 ALGONQUIN ROAD, DES PLAINES,
ILLINOIS (Case #13-059-CU). Motion carried.
Moved by W alsten, seconded by Sojka, to place on First Reading Ordinance Z-
30-13, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR THE OPERATION OF A RECYCLING CENTER IN THE M-2
ZONING DISTRICT AT 2063 FRONTAGE ROAD, DES PLAINES,
ILLINOIS. (Case #13-061-CU). Motion carried.
Moved by Walsten, seconded by Rodd, to adopt Resolution R-200-13, A
RESOLUTION REGARDING ZONING RESTRICTIONS ON MEDICAL
CANNABIS CULTIVATION CENTERS AND DISPENSING
ORGANIZATIONS. Motion carried. J9t
Page 7 of 7 12/16/13
SUSTAINABILITY Moved by Walsten, seconded by Rodd, to adopt Resolution R-202-13, A
REPORT/GOALS: RESOLUTION APPROVING A SUSTAINABILITY REPORT AND
SUSTAINABILITY GOALS. Motion carried.
RESOLUTION
R-202-13
ADJOURNMENT: Moved by Sayad, seconded by Robinson, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 8:35 p.m.
Gloria J. Lud~LERK
APPROVED BY ME THIS tor:lz