12-06-2010CALL TO
ORDER:
ROLL CALL:
Amended on December 20, 2010 to delete references to Ordinance Z-27-10 which was adopted on
November 15, 2010.
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 6, 2010
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Mayor Martin J. Moylan at 6:00 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday,
December 6, 2010.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Higgason, Brookman, Walsten, Wilson, and Argus. Alderman Bogusz arrived
at 6:10 p.m.
Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Police Chief
Prandini, Fire Chief Wax, Director of Human Resources Earl, Director of Public Works and
Engineering Oakley, Director of Information Technology Duebner, and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
WELCOME:
PROCLAMATION:
PUBLIC
HEARING/2009
CDBGCAPER
REPORT:
Moved by Robinson, seconded by Argus, to go into Executive Session to
discuss Pending Litigation, Personnel and Setting Price for Sale or Lease of
Real Property. Motion passed unanimously.
The City Council recessed at 6:06 p.m.
The City Council reconvened at 7:05 p.m.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Bogusz, Higgason, Brookman, Walsten, Wilson, and Argus.
The opening prayer was given by The Reverend Valentin Popovici of the
Romanian Baptist Church, followed by the Pledge of Allegiance to the Flag.
Mayor Moylan welcomed members of Boy Scout Troop 160 and Cub Scout
Pack 46 who attended the City Council meeting as part of their ongoing
community support and other badge requirements.
Mayor Moylan presented a Proclamation to Police Chief Prandini proclaiming
December, 2010 as Drunk and Drugged Driving (3D) Prevention Month.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER, MONDAY, DECEMBER
6, 2010
Mayor Moylan called the Public Hearing to order at 7: 15 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 2009-10, detailing the City's use of
Community Development Block Grant (CDBG) Funds, beginning October 1,
~~t
DISCUSSION:
CITIZEN
PART.:
CONSENT
AGENDA:
Page 2of12 12/6/10
2009 and ending September 30, 2010.
Associate Planner Yu presented the Program Year 2009 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 PY2009 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. Staff
recommends that it be adopted by the City Council after the public hearing to
be submitted to HUD by December 30, 2010.
There will be final action on this matter under Items 9 and 9a on the Consent
Agenda later in the evening.
There were no comments or questions from the aldermen or residents.
The Public Hearing was adjourned at 7: 17 p.m.
The City Council reconvened at 7: 18 p.m.
Dr. M. McKieman, 1920 Andy Lane, addressed the City Council regarding the
traffic light to be installed at Lee and Perry Streets; no light at the comer of Lee
and Forest (Aldi Grocery Store) which causes a problem with a left tum; she
brought this up to the City Council in the past; it should be looked into; increase
in traffic at Maple and Touhy; requested that the red light timing be reduced.
Director of Public Works and Engineering Oakley responded that the traffic
signal is under the jurisdiction of IDOT. Mayor Moylan stated that staff would
look into the traffic issue.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that
he attended an event at the library regarding people falling down and getting
hurt; avoid alcohol intake which can cause a fall; be careful when walking.
Motion by Higgason, seconded by Haugeberg, to establish the Consent Agenda.
Voice Vote-All Ayes. Motion declared carried.
Motion by Higgason, seconded by W alsten, to approve Consent Agenda. Upon
roll call, the vote was:
A YES: 8-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, W alsten, Wilson, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
The minutes were approved; Staff recommendations and requests were approved;
Ordinances M-41-10, M-42-10, M-43-10, M-44-10, M-45-10, M-46-10, M-47-10,
M-48-10, M-49-10, M-50-10, M-51-10, M-52-10, M-53-10, M-54-10, M-55-10,
M-56-10, M-57-10, M-58-10, Z-26-10, Z-27-10, and Resolutions R-159-10, R-160-
10, R-161-10, R-163-10, and R-165-10 were adopted.
MINUTES:
Consent
Agenda
PRICE
ADJUSTMENT/
MICROSOFT
AGR.:
Consent
Agenda
Resolution
R-159-10
ADDENDUM #1/
COST SHARING
AGR./3000
DES PLAINES
RIVER RD.:
Consent
Agenda
Resolution
R-160-10
CONTRACT
AMENDMENT #1/
3000
DES PLAINES
RIVER RD.:
Consent
Agenda
Resolution
R-166-10
INTER GOV.
AGR./COOK CO./
Page 3of12 12/6/10
Moved by Higgason, seconded by W alsten, to approve minutes of the Regular
Meeting of the City Council held November 15, 2010, as published. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to approve minutes of the Executive
Session of the City Council held November 15, 2010. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to concur with Staff
recommendation to approve the revised pricing for the 3-year Microsoft
Enterprise Agreement at a cost not to exceed $137,460.90; and further
recommend to adopt Resolution R-159-10, A RESOLUTION AMENDING
THE PAY SCHEDULE FOR THE MICROSOFT VOLUME LICENSING
ENTERPRISE ENROLLMENT AGREEMENT BETWEEN MICROSOFT
LICENSING, GP AND THE CITY OF DES PLAINES FOR DESKTOP
SOFTWARE AND LICENSES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to concur with Staff
recommendation to approve the amendment to the cost sharing agreement with
Midwest Gaming & Entertainment LLC, 900 North Michigan Avenue, Suite
1900, Chicago, IL 60611 in the amount of $878, 7 59 .92 with $603, 170.18 being
due upon execution of the amended agreement; the $275,589.74 will be due by
July 1, 2011 if all terms of the "No Excuse Incentive" are met by the contractor;
and further recommend to adopt Resolution R-160-10, A RESOLUTION
AUTHORIZING THE EXECUTION OF ADDENDUM #1 TO THE LOCAL
AGENCY/DEVELOPER AGREEMENT BETWEEN THE CITY OF DES
PLAINES AND MIDWEST GAMING & ENTERTAINMENT, LLC FOR
THE RECONSTRUCTION OF DES PLAINES RIVER ROAD. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by W alsten, to concur with Staff
recommendation to approve Contract Amendment # 1 in the amount of
$800,000.00 (Midwest Gaming and Entertainment Cost Sharing Agreement -
Capital Projects Fund) be added to the contract with F. H. Paschen, S.N.
Nielsen & Assoc. LLC, 8725 West Higgins Road, Suite 200, Chicago, IL
60631; execute the ''No Excuse Incentive"; and further recommend to adopt
Resolution R-166-10, A RESOLUTION ADDING $800,000.00 TO THE
CONTRACT WITH F. H. PASCHEN, S. N. NIELSEN & ASSOCIATES,
LLC. FOR THE DES PLAINES RIVER ROAD RECONSTRUCTION
PROJECT, SECTION #51 R-1, AND AUTHORIZING THE EXECUTION OF
A "NO EXCUSE INCENTIVE" BETWEEN THE CITY OF DES PLAINES
AND F. H. PASCHEN FOR THE ACCELERATED COMPLETION OF THE
RECONSTRUCTION OF DES PLAINES RIVER ROAD. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to concur with Staff
recommendation to enter into an intergovernmental agreement with Cook
jy~-
INTEROP. RADIO
NETWORK:
Consent
Agenda
Resolution
R-161-10
AGR./INTERIM
DIRECTOR COM.
ECON. DEV.:
Consent
Agenda
Resolution
R-150-10
INTERAGENCY
AGR./NSECC/
INFORMATION
TECH. SVCS.:
Consent
Agenda
Resolution
R-163-10
2009 CDBG
ANNUAL
PERFOR.&
EVALUATION
RPT. (CAPER):
Consent
Agenda
Resolution
R-165-10
ORDINANCE
M-58-10
2010 PROPERTY
TAX LEVY:
Page 4of12 12/6/10
County which allows the police department to drastically improve its ability to
communicate within the City due to the robust infrastructure already in place
with Cook County; and further recommend to adopt Resolution R-161-10, A
RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTER GOVERNMENT AL AGREEMENT BETWEEN THE COUNTY OF
COOK AND THE CITY OF DES PLAINES FOR INTEROPERABLE
PUBLIC SAFETY COMMUNICATIONS RADIOS. Motion declared carried
as approved unanimous} y under Consent Agenda.
Moved by Higgason, seconded by W alsten, to concur with Staff
recommendation to approve a Consulting Services Agreement between Mr.
Steven Gutierrez for services related to Interim Director of Community &
Economic Development; and further recommend to adopt Resolution R-162-10,
A RESOLUTION AUTHORIZING THE EXECUTION OF A CONSULTING
AGREEMENT BETWEEN STEVE GUTIERREZ AND THE CITY OF DES
PLAINES FOR HIS SERVICES AS INTERIM DIRECTOR OF
COMMUNITY & ECONOMIC DEVELOPMENT. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Higgason, seconded by W alsten, to concur with Staff
recommendation to authorize an interagency agreement with North Suburban
Emergency Communications Center for the City to provide information
technology oversight to NSECC for a one year period and that the NSECC will
reimburse the City at a cost of $37,000.00 for this service; and further
recommend to adopt Resolution R-163-10, A RESOLUTION AUTHORIZING
THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE NORTH SUBURBAN EMERGENCY
COMMUNICATIONS CENTER AND THE CITY OF DES PLAINES TO
PROVIDE INFORMATION TECHNOLOGY SERVICES. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to concur with Staff
recommendation to adopt the Program Year 2009 Consolidated Annual
Performance and Evaluation Report (CAPER) for Community Development
Block Grant (CDBG) Program Year -October 1, 2009 to September 30, 201 O;
City Clerk be authorized to submit the report to the U.S. Department of
Housing and Urban Development (HUD) no later than December 30, 2010; and
further recommend to adopt Resolution R-165-10, A RESOLUTION
REQUESTING APPROVAL FROM THE CITY OF DES PLAINES CITY
COUNCIL OF THE CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER) FOR PROGRAM YEAR 2009, A
REPORT IN CONJUNCTION WITH THE ANNUAL COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-58-10, AN
ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK
COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1,
2011 AND ENDING DECEMBER 31, 2011. Motion declared carried as
~~i-
Consent
Agenda
ORDINANCE
M-41-10
YEAR2010
TAX LEVY/
SPECIAL SVC.
AREA#S:
Consent
Agenda
ORDINANCE
M-42-10
YEAR2010
TAX LEVY/
SPECIAL SVC.
AREA#6:
Consent
Agenda
ORDINANCE
M-43-10
YEAR2010
TAX LEVY/
SPECIAL SVC.
AREA#7:
Consent
Agenda
ORDINANCE
M-44-10
YEAR2010
TAX LEVY/
SPECIAL SVC.
AREA#8:
Consent
Agenda
ORDINANCE
M-45-10
YEAR2010
TAX LEVY/
SPECIAL SVC.
AREA#9:
Consent
Agenda
ORDINANCE
Page 5of12 12/6/10
approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-41-10, AN
ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER
FIVE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING
DECEMBER 31, 2011. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-42-10, AN
ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER
SIX OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE
FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER
31, 2011. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-43-10, AN
ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER
SEVEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING
DECEMBER 31, 2011. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-44-10, AN
ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER
EIGHT OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING
DECEMBER 31, 2011. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-45-10, AN
ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER
NINE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING
DECEMBER 31, 2011. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-46-10, AN ~~i_
M-46-10
YEAR2010
TAX LEVY/
SPECIAL SVC.
AREA #10:
Consent
Agenda
ORDINANCE
M-47-10
ABATEMENT/
YEAR2002A
GO BONDS:
Consent
Agenda
ORDINANCE
M-48-10
ABATEMENT/
YEAR2003A
GO BONDS:
Consent
Agenda
ORDINANCE
M-49-10
ABATEMENT/
YEAR2003D
GO BONDS:
Consent
Agenda
ORDINANCE
M-50-10
ABATEMENT/
YEAR 2004A and
2004B
GO BONDS:
Consent
Agenda
ORDINANCE
M-51-10
ABATEMENT/
YEAR2005A,
B&C
GO BONDS:
Consent
Agenda
Page 6of12 12/6/10
ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER
TEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING
DECEMBER 31, 2011. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-47-10,
ABATEMENT OF THE 2010 TAX LEVY FOR GENERAL OBLIGATION
CORPORA TE PURPOSE BONDS, SERIES 2002A. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Higgason, seconded by W alsten, to adopt Ordinance M-48-10,
ABATEMENT OF THE 2010 TAX LEVY FOR THE 2003 GENERAL
OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2003A. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-49-10,
ABATEMENT OF THE 2010 TAX LEVY FOR THE 2003 TAXABLE
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003D. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-50-10,
ABATEMENT OF THE 2010 TAX LEVY FOR THE 2004 GENERAL
OBLIGATION BONDS, SERIES 2004A AND SERIES 2004B. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-51-10,
ABATEMENT OF THE 2010 TAX LEVY FOR THE 2005 GENERAL
OBLIGATION BONDS, SERIES 2005A, SERIES 2005B, AND SERIES 2005C.
Motion declared carried as approved unanimously under Consent Agenda.
}~i
ORDINANCE
M-52-10
ABATEMENT/
YEAR2005D
GO BONDS:
Consent
Agenda
ORDINANCE
M-53-10
ABATEMENT/
YEAR2005E,
F&G
GO BONDS:
Consent
Agenda
ORDINANCE
M-54-10
ABATEMENT/
YEAR 2007 A & B
GO BONDS:
Consent
Agenda
ORDINANCE
M-55-10
ABATEMENT/
YEAR2008A
GO BONDS:
Consent
Agenda
ORDINANCE
M-56-10
ABATEMENT/
YEAR2009B
GO BONDS:
Consent
Agenda
ORDINANCE
M-57-10
ABATEMENT/
YEAR 2010A & B
GO BONDS:
Consent
Agenda
Page 7of12 12/6/10
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-52-10,
ABATEMENT OF THE 2010 TAX LEVY FOR THE 2005 TAXABLE
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005D. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-53-10,
ABATEMENT OF THE 2010 TAX LEVY FOR THE 2005 GENERAL
OBLIGATION BONDS, SERIES 2005E, SERIES 2005F, AND SERIES 2005G.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-54-10,
ABATEMENT OF THE 2010 TAX LEVY FOR THE 2007 GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2007A AND SERIES 2007B.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-55-10,
ABATEMENT OF THE 2010 TAX LEVY FOR THE 2008 GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2008A. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-55-10,
ABATEMENT OF THE 2010 TAX LEVY FOR THE 2009 GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2009B. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Walsten, to adopt Ordinance M-57-10,
ABATEMENT OF THE 2010 TAX LEVY FOR THE GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2010A AND SERIES 2010B.
Motion declared carried as approved unanimously under Consent Agenda~~ j,
ORDINANCE
Z-26-10
EXT. COND. USE/
1480 E. OAKTON
AVE.:
COMMISSION
APP'T.:
WARRANT
REGISTER:
WAIVER/
CERTAIN
PERMIT
FEES/ NON-
Page 8of12 12/6/10
Moved by Higgason, seconded by Walsten, to adopt Ordinance Z-26-10, AN
ORDINANCE GRANTING AN EXTENSION OF THE CONDITIONAL USE
GRANTED BY ORDINANCE Z-17-09 WHICH AUTHORIZED THE
EXPANSION OF AN EXISTING PLACE OF WORSHIP IN ACCORDANCE
WITH SECTION 7.3-6 C. OF THE ZONING CODE AND AUTHORIZING A
VARIATION TO SECTION 7.3-6 D. TO ALLOW A FRONT YARD SET
BACK OF ONE FOOT FOR THE PROPERTY COMMONLY KNOWN AS
1480 EAST OAKTON STREET, DES PLAINES. (Case 09-016-CU). Motion
declared carried as approved unanimously under Consent Agenda.
COMMISSION APPOINTMENT:
Presented for your consideration-NO ACTION REQUIRED
ECONOMIC DEVELOPMENT COMMISSION:
Randall Rapp -Tenn to Expire 04/30/12
(Completes Term of Rita Shah -Removed 11108/l 0)
Mr. Rapp introduced himself to the City Council and thanked the Council for
the opportunity to serve on the Economic Development Commission.
MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS
NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION -Alderman Higgason, Chair
Alderman Bogusz asked if an $8,000 line item for Niles was for an
intergovernmental agreement. Police Chief Prandini stated that the $8,000
expenditure for Shore Gallery in Niles was for ammunition.
Alderman Wilson referred to page 15 of the Warrant Register regarding
numerous items of DPPD Seized Asset Fund; are we paying for this or is this
being paid to the City?
Finance Director Wisniewski stated that these are asset forfeiture funds received
and refunded by the City per court order.
Moved by Haugeberg, seconded by Robinson, to recommend to the City
Council approval of the December 6, 2010 -Warrant Register, in the total
amount of $11,816,441.16; and further recommend that Resolution R-164-10 be
adopted at appropriate time this evening. Motion declared carried.
BUILDING CODE -Alderman Haugeberg, Chair
Acting City Manager Slowinski reviewed his Memorandum of November 23,
2010 regarding permit fees for nonprofit organizations. On November 1, 2010,
the Building Code Committee unanimously recommended that the City Council
adopt an ordinance modifying the language of the Code creating a two-ti~~~
PROFIT
ENTITIES:
DOUBLE FEES/
PENALTY/
FOR NO PERMIT:
VARIATION/
580 SOUTH WOLF
ROAD:
580 SOUTH WOLF
Page 9of12 12/6/10
rate structure for building permits for nonprofit organizations. For projects with
a value of less than $30,000, the nonprofit entity would be required to pay 10%
of nonnal fees for building permits. For projects with a value of $30,000 or
more, the nonprofit entity would be required to pay the full fee.
Moved by Higgason, seconded by Argus, to recommend to the City Council to
place on First Reading Ordinance M-60-10 at appropriate time this evening.
Alderman Brookman voted no. Motion declared carried.
Acting City Manager Slowinski reviewed his Memorandum of November 29,
2010 regarding building code language modification for building permit
penalties which was discussed by the Building Code Committee on November
4, 2010. Staff recommends that the City Council adopt Ordinance M-61-10
modifying the penalty provisions in the Code for work without a permit or
exceeding the scope of a permit to include a 1 % of project value penalty rather
than a 10% of project value penalty.
Alderman Brookman stated that 10% penalty was extreme; the change to 1 % is
good.
Acting City Manager Slowinski stated that the double permit fee penalty was
found to be the most common in other communities.
Moved by Walsten, seconded by Robinson, to recommend to the City Council
to place on First Reading Ordinance M-61-10 at appropriate time this evening.
Motion declared carried.
COMMUNITY DEVELOPMENT -Alderman Argus, Chair
Senior Planner Mangum presented that the petitioner is requesting variations to
Sections 8.5-2.A and 8.5-2.C of the 1998 City of Des Plaines Zoning
Ordinance, as amended: to authorize the construction of a commercial mobile
radio service facility with shorter setbacks and locating the tower in front of the
structure housing instead of behind the rear of the structure housing in a M-2
Zoning District. Staff recommends denial of the requested variations in
accordance with the recommendation of the Zoning Board. Petitions were
submitted by area residents in opposition to the request.
Alderman Bogusz stated that a number of residents in the 3rd Ward as well as
those in the 4th Ward would be affected.
ROAD: Alderman Higgason will not support Meyer Materials' request for variations.
(Cont'd)
Alderman Brookman requested that the City Attorney give a brief explanation
of the Consent Decree.
City Attorney Wiltse explained the 1958 Consent Decree between the City of
Des Plaines and Meyer Material; the consent decree is broad and woul~ not
allow the proposed structure because it is over 45 feet in height. Cf'~ i-
ELECTRONIC
BOARD/999, 1011,
1111 TOUHY
AVE.:
ELECTRONIC
BOARD/999, 1011,
1111 TOUHY
AVE.:
(Cont'd)
Page 10of12 12/6/10
Mr. Bruce Ahlmann, 528 Crestwood Drive, addressed the Committee of the
Whole stating that he did not receive notice because his home was not within
the 300 foot radius of the petitioner's property; advised by his alderman of the
request; since the sale of the Meyer Material business, there have been
problems with concrete dust and have not been a good neighbor and requested
that the City Council deny the request for variations due to the effect it would
have on its neighbors; 84 signatures on petition to deny.
Alderman W alsten stated that Meyer Material should be made to follow EPA
regulations; concrete dust dangerous.
Senior Planner Mangum answered questions from the aldermen regarding
notification of residents within a 300 foot radius.
Moved by W alsten, seconded by Bogusz, to recommend to the City Council to
deny the variation requests at 580 South Wolf Road. Motion declared carried.
Mr. Patrick Devereaux, a representative of Siete 7, LLC, presented a Power
Point presentation (in Council file) regarding a request for an electronic (digital)
sign along 1-90 to be reviewed by City Council.
Alderman Wilson stated that he wanted Staff to review and would give his
support for this request.
Mr. Devereaux answered questions from the Aldermen regarding the
investment and income from the sign rental.
Alderman Brookman would vote yes for the project.
Alderman W alsten stated he was glad the developer would spend the money
and is excited for the City.
Alderman Haugeberg agreed with Alderman W alsten and the convention plans;
everyone in the office park can use the sign.
Alderman Higgason stated that the sign is not impactful, and she will support
the concept.
Alderman Robinson will support the concept and requested that Staff be
directed to work on it.
City Attorney Wiltse stated that this is not a billboard; the ordinance would
have to be restructured; current ordinance bans LED billboards; restricted to
highway corridor; changing the ordinance language is a good start; a good
marketing tool for onsite tenants.
Mr. Herman Zelk, 1990 Fargo, President of the Des Plaines Chamber of
Commerce, addressed the Committee of the Whole stating his enthusiasm for ~~{-
WARRANT
REGISTER:
Resolution
R-164-10
WAIVER/
CERTAIN
PERMIT
FEES/NON-
PROFIT
ENTITIES:
Ordinance
M-60-10
Page 11of12 12/6/10
the sign and read a letter of support on behalf of the Chamber of Commerce.
Dr. M. McKieman, 1920 Andy Lane, addressed the Committee of the Whole
asking if Des Plaines is being charged for an ad; how often would the message
change.
Mr. Devereaux answered Dr. McKieman's questions that the City would not be
charged for ads and the ad would be set at the same speed as the Allstate Arena
electronic board.
Mr. Phil Catrintza, 716 West Oakton Street, addressed the Committee of the
Whole, a member of the business world, stating that this is a gift; go for it; take
action.
Moved by Argus, seconded by W alsten, to recommend to the City Council to
consider the concept and direct Staff to move ahead to present an ordinance
regarding further development of the project at appropriate time this evening.
Motion declared carried.
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
Moved by Higgason, seconded by Haugeberg, to concur with recommendation
of Committee of the Whole to adopt Resolution R-164-10, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE
FOLLOWING BILLS ARE DUE AND PAY ABLE AND THAT THE
MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO
MAKE PAYMENT FOR SAME. Total: $11,816,441.16. Upon roll call, the
vote was:
A YES: 8-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, W alsten, Wilson, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Haugeberg, seconded by Robinson, to concur with recommendation
of Committee of the Whole to place on First Reading Ordinance M-60-10, AN
ORDINANCE AMENDING TITLE 10, "BUILDING REGULATIONS,"
CHAPTER 2, "BUILDING PERMITS AND FEES," SECTION 3, "FEES FOR
NONPROFIT ORGANIZATIONS," OF THE DES PLAINES CITY CODE.
Upon roll call, the vote was:
A YES: 7-Haugeberg, Robinson, Bogusz, Higgason,
W alsten, Wilson, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
DOUBLE FEES/
PENALTY/
FOR NO PERMIT:
Ordinance
M-61-10
VARIATION/
580 SOUTH WOLF
ROAD:
ELECTRONIC
BOARD/999, 1011,
1111 TOUHY
AVE.:
ADJOURNMENT:
Page 12of12 12/6/10
Moved by Haugeberg, seconded by Robinson, to concur with recommendation
of Committee of the Whole to place on First Reading Ordinance M-61-10, AN
ORDINANCE AMENDING TITLE 10, "BUILDING REGULATIONS,"
CHAPTER 2, "BUILDING PERMITS AND FEES," SECTION 5, "DOUBLE
FEE," OF THE DES PLAINES CITY CODE. Voice Vote-All Ayes. Motion
declared carried.
Moved by Argus, seconded by Bogusz, to concur with recommendation of
Committee of the Whole to DENY Variation Requests for 580 South Wolf
Road. Upon roll call, the vote was:
A YES: 8-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, Walsten, Wilson, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Argus, seconded by Higgason, to concur with recommendation of
Committee of the Whole to direct Staff to work with the petitioner for further
development of the project. Voice Vote -All Ayes. Motion declared carried.
Moved by Haugeberg, seconded by Robinson, that the regular meeting of the
City Council adjourn. Motion declared carried. Meeting adjourned at 8:57
p.m.
APPROVED BY ME THIS ;) 0~
DAYOF k?~ '2010