02-22-2011CALL 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, TUESDAY, FEBRUARY 22, 2011
The regular meeting of the City Council of the City of Des Plaines,
Illinois, was called to order by Mayor Martin J. Moylan at 7:00 p.m. in
the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic
Center on Tuesday, February 22, 2011.
Roll call indicated the following Aldermen present: Haugeberg, Bogusz,
Higgason, Brookman, W alsten, Wilson and Argus. Alderman Robinson
was absent.
Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Police
Chief Prandini, Fire Chief Wax, Director of Human Resources Earl, Director of Community &
Economic Development Bartholomew, Director of Public Works and Engineering Oakley,
Director of Information Technology Duebner and City Attorney Wiltse.
PRAYER AND
PLEDGE:
PUBLIC
HEARING/
2011
APPROPRIATION:
DISCUSSION:
CITIZEN
The opening prayer was given by The Reverend Steven Hjelle of the
Evangelical Free Church, followed by the Pledge of Allegiance to the
Flag.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL
CHAMBERS, DES PLAINES CIVIC CENTER, TUESDAY,
FEBRUARY 22, 2011
Mayor Moylan called the Public Hearing to order at 7:05 p.m. The
Public Hearing was being held pursuant to legal notice (published in the
local newspaper on Friday, February 11, 2011) to discuss the Proposed
2011 Appropriation Ordinance for the City of Des Plaines, Cook County,
Illinois.
Director of Finance Wisniewski reviewed her Memorandum of February
10, 2011 regarding the Public Hearing Notice of the 2011 Appropriation
Ordinance.
Mayor Moylan asked for comments from the aldermen and the public.
There were no comments. After the 2011 Appropriation Ordinance is
reviewed, it will be placed on First Reading within the Finance and
Administration Committee portion this evening.
The Public Hearing was adjourned at 7:07 p.m.
The City Council reconvened at 7:08 p.m.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council citing Jf t
Page 2 of 9 2/22/11
PARTICIPATION: several cases of accidents occurring while a person is on a cell phone;
legislation has been passed regarding a ban of electronic devices being
used while driving a car or walking; Des Plaines should pass an
ordinance.
CONSENT
AGENDA:
MINUTES:
LOBBYING SVCS.
AGR.:
Consent
Mr. Michael H. Baumer, 52 West Briarwood Drive, Streamwood, Illinois
60107, addressed the City Council on behalf of Lions International stating
that District 1 F is reconstituting in Des Plaines; residents are invited to an
Open House on Wednesday, March 23, 2011 from 7:00-9:00 p.m. at the
Elks Club, 495 Lee Street to learn more about the Lions Club;
refreshments will be served.
Alderman W alsten and a resident requested that Items 5 and 5a be
removed from the Consent Agenda.
Alderman Argus stated that she was asked to remove the Conditional Use
Permit Variations for T-Mobile Cell Tower on Central from the agenda.
Mayor Moylan asked if there was leave of the body to remove Item 2( c)
under Community Development from the agenda without objection.
Voice Vote -All Ayes. Motion declared carried.
Motion by Higgason, seconded by Bogusz, to establish the Consent
Agenda, except for Items 5 and 5a. Voice Vote -All Ayes. Motion
declared carried.
Motion by Haugeberg, seconded by Bogusz, to approve Consent Agenda
except for Items 5 and 5a. Upon roll call, the vote was:
AYES: 7-Haugeberg, Bogusz, Higgason,
Brookman, Walsten, Wilson, Argus
NAYS: 0-None
ABSENT: I-Robinson
Motion declared carried.
The minutes were approved; Staff recommendations and requests were
approved; Ordinance M-3-11 was placed on Second Reading and
adopted; and Resolutions R-16-11, R-22-11, R-24-11 and R-25-11 were
adopted.
Moved by Haugeberg, seconded by Bogusz, to approve minutes of the
Regular Meeting of the City Council held February 7, 2011. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Bogusz, to approve minutes of the
Executive Session of the City Council held February 7, 2011. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Bogusz, to concur with Staff
recommendation to retain the services of Alfred G. Ronan, Ltd., 328 S.
Oak Park Avenue, Suite 1, Oak Park, Illinois 60302, at a cost of ~~£_
Agenda
Resolution
R-16-11
ESRI SOFTWARE
AGR.:
Consent
Agenda
Resolution
R-22-11
GRANT
FUNDING/
COOK CO. DEPT.
OF PUBLIC
HEALTH:
Resolution
R-26-11
Page 3 of 9 2/22/11
$5,000.00 per month for the period beginning February 15, 2011, and
ending December 31, 2011; and further recommend to adopt Resolution
R-16-11 , A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN ALFRED G. RONAN, LTD. AND THE
CITY OF DES PLAINES FOR LOBBYIST SERVICES FOR THE CITY
OF DES PLAINES. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Haugeberg, seconded by Bogusz, to concur with Staff
recommendation to renew product maintenance for the period of February
26, 2011 through February 25, 2012 with ESRI, 380 New York Street,
Redlands, California 92373, for $10,900.00; and further recommend to
adopt Resolution R-22-11, A RESOLUTION AUTHORIZING THE
CITY TO UTILIZE THE SOFTWARE MAINTENANCE PLAN
BETWEEN ESRI, INC. AND THE CITY OF DES PLAINES. Motion
declared carried as approved unanimously under Consent Agenda.
Alderman W alsten and resident Dion Kendrick removed this item from
Consent Agenda for discussion.
Alderman Walsten asked for a clarification of the grant program.
Director of Public Works and Engineering Oakley presented an overview
of the Model Communities Grant Award from the Cook County
Department of Public Health (CCDPH) and the Public Health Institute of
Metropolitan Chicago. The Model Communities Program is administered
by the Centers for Disease Control and Prevention as part of a nationwide
effort aimed at addressing the rising rates and burden of obesity in the
United States. There is no local match requirement on this grant. The
City put together a team consisting of several City Departments (Public
Works and Engineering, Community and Economic Development, Health
and Human Services, Police), Maine Township, School District 62,
School District 59, Maine West High School, the Des Plaines Park
District and the Mt. Prospect Park District. The City's application
consisted of five distinct projects:
Project Name Project Lead
l Multi-Modal Transportation Plan Public Works and Engr.
2 Downtown Des Plaines Farmers Market Community and Econ. Dev.
3 Health and Wellness Activities Health and Human Services
4 Teen Center Wellness Initiative Des Plaines Park District
5 Healthy Food Options Mt. Prospect Park District
Director of Public Works and Engineering Oakley answered questions
from the aldermen regarding the grant program.
Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council asking
a variety of questions regarding the programs proposed within the grant;
how success will be measured; reject grant; can't afford it.
R-26-11
(Cont'd)
PARKINGENF.
AGR./640-650
MURRAY LANE:
Consent
Agenda
Resolution
R-25-11
LIQUOR LIC./
CHANGE OF
OWNERSHIP/
699 N. WOLF RD.:
Consent
Agenda
ADVERTISE BID/
FERTILIZER/
WEED
CONTROL:
Consent
Agenda
Page 4 of 9 2/22/11
Director of Public Works and Engineering Oakley answered Mr.
Kendrick's questions regarding the proposed programs.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating
that residents need to get more exercise; eat healthy; we don't need a
federal grant to do sit ups; exercise cuts down on depression.
Moved by Walsten, seconded by Argus, to concur with Staff
recommendation to authorize the execution of the Grant Agreement with
the Public Health Institute of Metropolitan Chicago (PHIMC), 180 North
Michigan A venue, Suite 1200, Chicago, Illinois 60601 which will allow
the City to accept the awarded funds ($90,300) and services and to
proceed with the implementation of the proposed projects to be funded
entirely through the Model Communities grant; no local match required;
and further recommend to adopt Resolution R-26-11, A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
PUBLIC HEALTH INSTITUTE OF METROPOLITAN CHICAGO
AND CITY OF DES PLAINES. Voice Vote -All Ayes. Motion
declared carried.
Moved by Haugeberg, seconded by Bogusz, to concur with Staff
recommendation to authorize the City Manager to execute, and the City
Clerk attest, the Parking Enforcement Agreement with Country Acres
Condominium and Housing Association, which authorizes the Police
Department to enforce parking and traffic regulations on all private streets
and parking areas; and further recommend to adopt Resolution R-25-11,
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR ENFORCEMENT OF MUNICIPAL
ORDINANCES ON PRIVATE PROPERTY BETWEEN THE CITY OF
DES PLAINES AND COUNTRY ACRES CONDOMINIUM AND
HOUSING ASSOCIATION FOR PROPERTY LOCATED AT 640-650
MURRAY LANE, DES PLAINES, ILLINOIS. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Bogusz, to approve the change of
ownership for Prachi Food, Inc., d/b/a ZJ's Pantry Plus Liquors, 699 N.
Wolf Road, Class B-1 Bulk Sales Liquors Dealers License. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Bogusz, to concur with Staff
recommendation to authorize the City Clerk to advertise for bid the
Fertilizer and Weed Control Application contract with a bid opening of
March 11, 2011 at 3 :00 p.m. Funding for this project would be from the
General Fund, Street/Grounds account in the amount of $25,000.00.
Motion declared carried as approved unanimously under Consent
Agenda.
ORDINANCE
M-3-11
2011 SALARY
SCHEDULE/
NON-UNION/
NON-
MANAGEMENT
PERSONNEL:
Consent
Agenda
WARRANT
REGISTER:
2011
APPROPRIATION:
Page 5 of 9 2/22/11
Moved by Haugeberg, seconded by Bogusz, to place on Second Reading
and adopt Ordinance M-3-11, AN ORDINANCE AMENDING TITLE 1,
"ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION
AND COMPENSATION PLAN," SECTION 4 "ADOPTION OF
COMPENSATION PLAN," SUBSECTION A, "CLASSIFIED
POSITIONS," SCHEDULE IV-B, "CLERICAL, ACCOUNTING AND
MISCELLANEOUS PERSONNEL -NONUNION," AND SCHEDULE
V-B, "TECHNICAL, ENGINEERING AND INSPECTION
PERSONNEL -NONUNION," OF THE DES PLAINES CITY CODE.
Motion declared carried as approved unanimously under Consent
Agenda.
MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL
WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION -Alderman Higgason, Chair
Moved by Haugeberg, seconded by Bogusz, to recommend to the City
Council approval of the February 22, 2011 -Warrant Register, in the total
amount of $2,533,913.74; and further recommend that Resolution R-23-
11 be adopted at appropriate time this evening. Alderman Higgason
abstained from voting due to a conflict of interest since she is employed
by Asbury Court which is listed on the Warrant Register for payment.
Motion declared carried.
Alderman Higgason stated that in accordance with State law, the City is
required to pass an annual appropriation ordinance within the first quarter
of its fiscal year. This appropriation ordinance specifies the sums of
money deemed necessary to defray all expenses and liabilities for the
calendar year 2011. The appropriation ordinance serves as a limit on
what may be spent during the current fiscal year. The purpose of the
appropriation ordinance is to appropriate such sums of money as the
municipality deems necessary to defray all of its necessary expenses and
liabilities. The ordinance is to be set up by objects and purposes for
which each line item of appropriation is made, and each appropriation
must be for a specific dollar amount.
Finance Director Wisniewski appeared before the Committee of the
Whole to answer questions.
Alderman Bogusz stated that this ordinance is housekeeping and a
formalization of what was done during the budget cycle last year.
Finance Director Wisniewski responded yes.
Moved by W alsten, seconded by Haugeberg, to recommend to the City
Council to approve; and further recommend that Ordinance M-4-11 be
adopted at appropriate time this evening. Motion declared carried. J»J-
COND. USE/
1651 ELK BLVD:
VARIATION/
556 SOUTH
FOURTH A VE.:
Page 6 of 9 2/22/11
COMMUNITY DEVELOPMENT -Alderman Argus, Chair
Alderman Argus stated that the petitioner, The New Age Spa Institute,
Inc., 1651 Elk Boulevard, Des Plaines, is requesting a modification of a
Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines
Zoning Ordinance, as amended, to authorize the operation of a massage
therapy school at an existing esthetics (beauty) school (Commercial
School) in the C-3 District.
Senior Planner Mangum appeared before the Committee of the Whole to
answer questions.
Alderman Wilson asked if there is more than one classroom m the
building.
Senior Planner Mangum stated that there are several rooms m the
building and referred to the floor plan in the information packet.
Alderman Wilson expressed his concern about the number of parking
spaces available, and if some time down the road, massage therapy
classes were held at the same time as the esthetic classes in the evening,
would there be sufficient parking; how would this be checked.
Alderman Haugeberg explained the existing parking available within the
business area of Elk Boulevard and River Road.
Attorney Dan Dowd, 701 Lee Street, appeared before the Committee of
the Whole introducing himself as representing the Petitioner, The New
Age Spa Institute, Inc., and Monika Machej, authorized agent for the
Petitioner. Attorney Dowd explained that a common landlord owns both
buildings with parking spaces.
Director of Community & Economic Development Bartholomew stated
that if there was a complaint, the conditional use would be reviewed, and
complaint addressed at that time.
Moved by Higgason, seconded by W alsten, to recommend to the City
Council to approve; and further recommend that Ordinance Z-4-11 be
placed on First Reading at appropriate time this evening. Motion
declared carried.
Alderman Argus stated that the petitioner is requesting a variation to
Section 7.2-4-D of the 1998 City of Des Plaines Zoning Ordinance, as
amended: to authorize an addition to an existing single-family home with
living area above the second floor (3 stories) at 556 S. Fourth Avenue,
where a home is limited to no greater than 2-1/2 stories in the R-1 zoning
district. J~{,
556SOUTH
FOURTH A VE.:
(Cont'd)
WARRANT
REGISTER:
Resolution
R-23-11
Page 7 of 9 2/22/11
Alderman Brookman asked about the third story addition being attic
space more than an additional full third floor.
Director of Community & Economic Development Bartholomew stated at
was not attic space; it comes down to a glitch in the zoning ordinance not
defining a story as well as it needs to be.
Alderman Higgason asked if any of the neighbors objected.
Director of Community & Economic Development Bartholomew stated
that he attended the public hearing, and did not recall hearing any
objections.
Alderman Bogusz stated that the 3rd Ward has a long history of tall homes
and accessory structures, and that he did not receive any negative
feedback regarding this variation request.
Senior Planner Mangum stated this variation request is less than the
maximum allowed of35 feet in height; it is 31 feet.
Mr. Andrew Venamore of Airoom, LLC, the Petitioner representing the
owner, addressed the Committee of the Whole stating that two
homeowners did not object to the variation and requested that the
variation be advanced to Second Reading and adopted tonight, so that
construction can proceed since it was delayed by the glitch in the zoning
ordinance.
Moved by Bogusz, seconded by Brookman, to recommend to the City
Council to approve; and further recommend that Ordinance Z-5-11 be
placed on First Reading at appropriate time this evening. Motion
declared carried.
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED
THE CITY COUNCIL BACK IN SESSION.
Moved by Bogusz, seconded by Haugeberg, to concur with
recommendation of Committee of the Whole to adopt Resolution R-23-
11, 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: $2,533,913.74. Upon roll call, the vote was:
AYES: 7-Haugeberg, Bogusz, Higgason,
Brookman, W alsten, Wilson, Argus
NAYS: 0-None
ABSENT: I-Robinson
Motion declared carried.
2011
APPROPRIATION:
Ordinance
M-4-11
COND. USE/
1651 ELK BL VD:
Ordinance
Z-4-11
VARIATION/
556 SOUTH
FOURTH A VE.:
Ordinance
Z-5-11
Page 8 of 9 2/22/11
Moved by Higgason, seconded by Haugeberg, to concur with
recommendation of Committee of the Whole to place on First Reading
Ordinance M-4-11, 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 BILL" FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING
DECEMBER 31, 2011. Voice Vote -All Ayes. Motion declared carried.
Moved by Argus, seconded by Haugeberg, to concur with
recommendation of Committee of the Whole to place on First Reading
Ordinance Z-4-11, AN ORDINANCE GRANTING A CONDITIONAL
USE PERMIT IN ACCORDANCE WITH SECTION 7.3-6 C. OF THE
DES PLAINES ZONING ORDINANCE TO ALLOW A MASSAGE
THERAPY SCHOOL AT AN EXISTING ESTHETICS SCHOOL
(COMMERCIAL SCHOOL) AT 1651 ELK BOULEVARD, DES
PLAINES, ILLINOIS (CASE #10-064-CU). Voice Vote -All Ayes.
Motion declared carried.
Moved by Argus, seconded by W alsten, to concur with recommendation
of Committee of the Whole to place on First Reading Ordinance Z-5-11,
AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 7.2-
4 D. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO
AUTHORIZE AN ADDITION TO AN EXISTING SINGLE-FAMILY
HOME WITH LIVING AREA ABOVE THE SECOND FLOOR (3
STORIES) AT 556 S. FOURTH A VENUE, DES PLAINES, ILLINOIS.
(CASE #10-065-V). Voice Vote-All Ayes. Motion declared carried.
Moved by W alsten, seconded by Argus, to advance to Second Reading
and adopt Ordinance Z-5-11, AN ORDINANCE AUTHORIZING A
VARIATION TO SECTION 7.2-4 D. OF THE CITY OF DES PLAINES
ZONING ORDINANCE TO AUTHORIZE AN ADDITION TO AN
EXISTING SINGLE-FAMILY HOME WITH LIVING AREA ABOVE
THE SECOND FLOOR (3 STORIES) AT 556 S. FOURTH AVENUE,
DES PLAINES, ILLINOIS. (CASE #10-065-V).
Alderman W alsten withdrew his motion, and Alderman Argus withdrew
her second to the motion.
Moved by Argus, seconded by Higgason, to adopt a substitute motion to
advance to Second Reading and adopt Ordinance Z-5-11, AN
ORDINANCE AUTHORIZING A VARIATION TO SECTION 7.2-4 D.
OF THE CITY OF DES PLAINES ZONING ORDINANCE TO
AUTHORIZE AN ADDITION TO AN EXISTING SINGLE-FAMILY
HOME WITH LIVING AREA ABOVE THE SECOND FLOOR (3
STORIES) AT 556 S. FOURTH A VENUE, DES PLAINES, ILLINOIS.
(CASE #10-065-V). Voice Vote -Aldermen Higgason and Argus voted
Aye. Aldermen Haugeberg, Bogusz, Brookman, Walsten and Wilson
voted Nay. Motion declared FAILED. ~~"-'
Page 9 of 9 2/22/11
ADJOURNMENT: Moved by Haugeberg, seconded by Brookman, that the regular meeting
of the City Council adjourn. Motion declared carried. Meeting adjourned
at 8:05 p.m.
APPROVED BY ME THIS
DAYOF MOvL~ ,2011
~OR