07-05-2011CALL 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, JULY 5, 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 6:00 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday,
June 6, 2011.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Bogusz, Sayad, Brookman, Walsten, Wilson and Charewicz.
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.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
CITIZEN PART.:
CONSENT
AGENDA:
Moved by Haugeberg, seconded by Robinson, to go into Executive Session to
discuss Sale, Lease or Acquisition of Property. Motion passed unanimously
without objection.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:05 p.m.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Bogusz, Sayad, Brookman, W alsten, Wilson and Charewicz.
The opening prayer was given by Pastor Scott Ziegler of the Bridge Community
Church, followed by the Pledge of Allegiance to the Flag.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that
he received an email from the Internal Revenue Service; he called the IRS to
discuss it; they have received complaints regarding scams; the IRS sends a
letter, not email; call the main telephone number for the IRS if you have
questions.
Motion by Bogusz, seconded by Haugeberg, to establish the Consent Agenda.
Voice Vote -All Ayes. Motion declared carried.
Motion by Sayad, seconded by Robinson, to approve the Consent Agenda.
Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Sayad,
Brookman, W alsten, Wilson, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
MINUTES:
DISPOSAL/
OBSOLETE
COMPUTER
EQUIPMENT:
Consent
Agenda
Ordinance
M-31-11
RENEWAL
CONTRACT/ Tl
CIRCUITS/CALL
ONE:
Consent
Agenda
Resolution
R-93-11
REBID/
EXTERIOR
SEALANTS/
CITY HALL:
Consent
Agenda
WARRANT
Page 2 of 8 7/5/11
The minutes were approved; Staff recommendations and requests were
approved; Ordinances M-31-11 was placed on First Reading; Resolution R-93-
11 was adopted.
Moved by Sayad, seconded by Robinson, to approve minutes of the Regular
Meeting of the City Council held June 6, 2011. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Robinson, to approve minutes of the Executive
Session of the City Council held June 6, 2011. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Robinson, to concur with Staff recommendation
to approve an ordinance declaring the listed equipment no longer necessary or
useful to the City in accordance with the provision of 1-12-4 of the City Code;
and further recommend to place on First Reading Ordinance M-31-11, AN
ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC
PERSONAL PROPERTY IN ACCORDANCE WITH CITY CODE SECTION
1-12-4. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Robinson, to concur with Staff recommendation
to renew a 12-month contract with United Communications d/b/a Call One, 123
North Wacker Drive, Floor 7, Chicago, Illinois 60606, for three (3) Tl circuits
at the negotiated rates and discounts of the Suburban Purchasing Cooperative of
$894.96 per month ($298.32 per circuit); and further recommend to adopt
Resolution R-93-11, A RESOLUTION AUTHORIZING THE EXECUTION
OF A POINT-TO-POINT RENEWAL CUSTOMER SERVICE AGREEMENT
BETWEEN UNITED COMMUNICATIONS SYSTEMS COMP ANY d/b/a
CALL ONE AND THE CITY OF DES PLAINES FOR THREE POINT-TO-
POINT Tl CIRCUITS. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Robinson, to concur with Staff recommendation
to reject all bids received on June 3, 2011 for the City Hall Sealant
Rehabilitation Program, rebid the project and authorize the City Clerk to
advertise for Bids for the Exterior Sealants for City Hall with an Opening Date
to be determined. 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 Bogusz, Chair
Moved by Sayad, seconded by Haugeberg, to recommend to the City Council
i\+
REGISTER:
COM.&ECON.
DEV.REORG.
AND 2011
SCHEDULE FOR
NON-UNION,
MANAGEMENT
PERSONNEL:
AMEND
CIVIL SERVICE
COMMISSION:
VARIANCE/
CIRCULAR
DRIVE/504
BELLAIRE A VE.:
Page 3 of 8 7/5/11
approval of the July 5, 2011 -Warrant Register, in the total amount of
$4,127,190.36; and further recommend that Resolution R-95-11 be adopted at
appropriate time this evening. Voice Vote -All Ayes. Motion declared
carried.
Director of Community & Economic Development Bartholomew reviewed his
memorandum of June 24, 2011 regarding reorganization of the Community and
Economic Development Department and answered questions from the
aldermen.
Director of Human Resources Earl reviewed the information regarding pay
structure and answered questions from the aldermen.
Alderman Brookman will vote no; this issue should be part of budget
discussions.
Moved by Haugeberg, seconded by Robinson, to recommend to the City
Council to place on First Reading Ordinance M-30-11 which includes two new
proposed supervisory positions in the Community and Economic Development,
and other position changes authorized during the 2011 budget process at
appropriate time this evening. Voice Vote -Aldermen Haugeberg, Robinson,
Bogusz, Sayad, W alsten, Wilson and Charewicz voted Aye. Alderman
Brookman voted Nay. Motion declared carried.
Director of Human Resources Earl reviewed his memorandum of June 16, 2011
and answered questions from the aldermen.
Alderman Brookman is opposed to the amendments; there should be a
grievance procedure.
Moved by Haugeberg, seconded by Sayad, to recommend to the City Council to
place on First Reading Ordinance M-5-11 which amends the Civil Service
Commission such that its only remaining responsibility pertains to the Hearing
of Charges, Suspensions, Removals and Hearings at appropriate time this
evening. Voice Vote -Aldermen Haugeberg, Robinson, Bogusz, Sayad, Wilson
and Charewicz voted Aye. Aldermen Brookman and Walsten voted Nay.
Motion declared carried.
Moved by Brookman, seconded by W alsten, to adopt a substitute motion to
reverse the amendments to the Civil Service Commission. Voice Vote -
Aldermen Brookman and W alsten voted Aye. Aldermen Haugeberg, Robinson,
Bogusz, Sayad, Wilson and Charewicz voted Nay. Motion declared FAILED.
COMMUNITY DEVELOPMENT -Alderman Haugeberg, Chair
Senior Planner Mangum reviewed his memorandum of June 16, 2011 regarding
a building code variation for construction of a circular driveway by Petitioner
Anthony Santiago who is handicapped and answered questions from the
aldermen.
VARIANCE/
CIRCULAR
DRIVE/504
BELLAIRE A VE.:
(Cont'd)
COND. USE/
CELL TOWER/
877 CENTRAL
RD.:
Page 4 of 8 7/5/11
Director of Public Works and Engineering Oakley clarified the request and
answered questions from the aldermen.
Mr. Aaron Rushing, 8N594 S. McClean, South Elgin, of the construction
company representing the Petitioner, addressed the Committee of the Whole
and answered questions from the aldermen regarding the trees.
Moved by W alsten, seconded by Robinson, to recommend to the City Council
that a resolution be adopted approving the construction of a new circular
driveway at 504 Bellaire A venue including installation of new trees. Alderman
Walsten withdrew his motion, and Alderman Robinson withdrew his second.
Motion by Brookman to send this request back to staff for review. Motion
DIED for lack of a second.
Moved by Bogusz, seconded by W alsten, to recommend to the City Council
that Resolution R-96-11 be adopted at appropriate time this evening. Voice
Vote -Aldermen Haugeberg, Robinson, Bogusz, Sayad, W alsten and
Charewicz voted Aye. Aldermen Brookman and Wilson voted Nay. Motion
declared carried.
Senior Planner Mangum reviewed his memorandum of June 16, 2011 regarding
the application for a Conditional Use Permit and various sections of the 1998
City of Des Plaines Zoning Ordinance, as amended, for 877 Central Road.
Mr. Michael Howley, Insite RE, Inc. as agent for T-Mobile, addressed the
Committee of the Whole, conducted a power point presentation and answered
questions from the aldermen.
City Attorney Wiltse answered questions from the aldermen regarding the
ground lease signed in November, 2010.
Alderman Wilson stated that he will vote no and asked Mr. Howley if the cells
could be attached to ComEd power lines.
Director of Information Technology Duebner addressed the Committee of the
Whole stating that the higher the pole the better improved communication
especially in emergencies.
Ms. Candace Lencioni, 619 North Third Avenue, addressed the Committee of
the Whole stating that she opposes the tower; it would be an eyesore; there
should be concern for the residents in the area; she read a statement on behalf of
the residents; there would be a negative impact.
Mr. Joseph Ferrini from Park Ridge on behalf of his relatives living in the area
addressed the Committee of the Whole read a statement regarding his concerns
and that he does not see a benefit to Des Plaines, but a benefit to T-Mobile.
~f
COND. USE/
CELL TOWER/
877CENTRAL
RD.:
(Cont'd)
TEXT
AMENDMENT/
TABLE 7.3.1/ ADD
CHILDCARE
CENTER AS
COND. USE IN C-3
DISTRICT:
ORDINANCE
Z-19-11
Page 5 of 8 7/5/11
Mr. Roger Johnson, 607 North Third Avenue, addressed the Committee of the
Whole expressing his concerns about the design which will be seen by all
neighbors and reduced property values.
Alderman Brookman stated that this matter should go back to staff for rezoning
and to conduct a study regarding property values.
Ms. Candace Lencioni, 619 North Third Avenue, addressed the Committee of
the Whole stating that a realtor was invited to her home; property values will be
less, and the situation will decrease the number of potential buyers; she does not
want a flag pole; she expressed health concerns and opposes the request.
Director of Community & Economic Development Bartholomew answered
questions from the aldermen regarding the real estate market rate.
Mrs. Louise Zundell, 639 North Third Avenue, addressed the Committee of the
Whole stating that numerous studies have been done; there have been electric
towers there for years; there is not enough research.
Moved by Walsten, seconded by Wilson, to recommend to the City Council that
Ordinance Z-6-11 be denied at appropriate time this evening. Voice Vote -
Aldermen Haugeberg, Robinson, Bogusz, Walsten, Wilson and Charewicz
voted Aye. Aldermen Brookman and Sayad voted Nay. Motion declared
carried.
Moved by Sayad, seconded by Brookman, to adopt a substitute motion to send
this request back to staff for further review. Voice Vote -Aldermen Sayad and
Brookman voted Aye. Aldermen Haugeberg, Robinson, Bogusz, Walsten,
Wilson and Charewicz voted Nay. Motion declared FAILED.
Senior Planner Mangum reviewed his memorandum of June 15, 2011 regarding
a zoning ordinance text amendment to add the Child Care Center use in the C-3,
General Commercial District and answered questions from the aldermen.
Petitioner Yun Lyn, 1639 Oak Place, addressed the Committee of the Whole
and answered questions from the aldermen. She has had a day care center for 8
years with 32 children in attendance.
Moved by W alsten, seconded by Charewicz, to recommend to the City Council
that Ordinance Z-21-11 be placed on First Reading at appropriate time this
evening. Voice Vote -Aldermen Haugeberg, Robinson, Bogusz, Sayad,
Walsten, Wilson and Charewicz voted Aye. Alderman Brookman voted Nay.
Motion declared carried.
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
Moved by Bogusz, seconded by Charewicz, to adopt Ordinance Z-19-11, AN
ORDINANCE AUTHORIZING VARIATIONS TO SECTIONS 7.2-4 D. AND H-t-
VARIATION/
399 DOVER DR./
CANCEL JULY 18,
2011 COUNCIL
MEETING:
WARRANT
REGISTER:
Resolution
R-95-11
COM.&ECON.
DEV.REORG.
AND 2011
SCHEDULE FOR
NON-UNION,
MANAGEMENT
PERSONNEL:
Ordinance
M-30-11
Page 6 of 8 7/5/11
8.1-3 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT
THE CONSTRUCTION OF AN ACCESSORY STRUCTURE IN THE
FRONT YARD WITH A FRONT YARD SETBACK OF TWENTY FEET AT
399 DOVER DRIVE, DES PLAINES, ILLINOIS. (CASE #11-012-V). Upon
roll call, the vote was:
A YES: 7-Haugeberg, Robinson, Bogusz, Sayad,
Brookman, W alsten, Charewicz
NAYS: I-Wilson
ABSENT: 0-None
Motion declared carried.
The Mayor's Office and the City Manager's Office recommended the
cancellation of the regular meeting of the city Council scheduled for Monday,
Jul6' 18, 2011, due to the much-anticipated opening of the Rivers Casino. July
18t is the first day and evening that the Rivers Casino will be open to the
general public. Cancellation of this meeting will allow members of the Council
and staff to participate in any planned festivities. The City Attorney's Office
recommends Resolution R-97-11 be adopted authorizing the Finance Director
to pay the City's payroll and all necessary bills that may come due prior to the
next regularly scheduled meeting on August 1st.
Moved by Sayad, seconded by Wilson, to adopt a substitute motion to
reschedule the July 18, 2011 Regular Council meeting to Tuesday, July 19,
2011. Voice Vote -All Ayes. Motion declared carried.
Moved by Bogusz, seconded by Sayad, to concur with recommendation of
Committee of the Whole to adopt Resolution R-95-11, 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: $4,127,190.36.
Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Sayad
NAYS:
ABSENT:
Brookman, W alsten, Charewicz
0-None
0-None
Motion declared carried.
Moved by Bogusz, seconded by Sayad, to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance M-30-11, AN
ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 8,
"POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION
4, "ADOPTION OF COMPENSATION PLAN," SUBSECTION A,
"CLASSIFIED POSITIONS," SCHEDULE VII-A, "MANAGEMENT
PERSONNEL NON-UNION," AND SCHEDULE VII-B, "MANAGEMENT
PERSONNEL NON-UNION," OF THE DES PLAINES CITY CODE. Upon
roll call, the vote was:
A YES: 6-Haugeberg, Robinson, Bogusz, Sayad ~11 \j_
Wilson, Charewicz f(J
AMEND
CIVIL SERVICE
COMMISSION:
Ordinance
M-31-11
VARIANCE/
CIRCULAR
DRIVE/504
BELLAIRE A VE.:
Resolution
R-96-11
COND. USE/
CELL TOWER/
877CENTRAL
RD.:
Ordinance
Z-6-11
TEXT
AMENDMENT/
TABLE 7.3.1/ ADD
CHILDCARE
CENTER AS
COND. USE IN C-3
DISTRICT:
Ordinance
Z-21-11
ORDINANCE
Z-21-11
TEXT
AMENDMENT/
NAYS:
ABSENT:
Page 7 of 8
2-Brookman, W alsten
0-None
Motion declared carried.
7/5/11
Moved by Bogusz, seconded by Sayad, to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance M-31-11, AN
ORDINANCE AMENDING TITLE 2, "BOARDS AND COMMISSIONS,"
CHAPTER 8 "CIVIL SERVICE," FROM THE CITY OF DES PLAINES
CITY CODE. Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Bogusz, Sayad
Wilson, Charewicz
NAYS: 2-Brookman, Walsten
ABSENT: 0-None
Motion declared carried.
Moved by Haugeberg, seconded by W alsten, to concur with recommendation of
Committee of the Whole to adopt Resolution R-96-11, A RESOLUTION
APPROVING THE CONSTRUCTION OF A NEW CIRCULAR DRIVEWAY
AT 504 BELLAIRE AVENUE, DES PLAINES, ILLINOIS. (CASE #10-022-
V). Upon roll call, the vote was:
AYES: 5-Bogusz, Sayad, Walsten, Charewicz, Moylan
NAYS: 4-Haugeberg, Robinson, Brookman, Wilson
ABSENT: 0-None
Motion declared carried.
Moved by Haugeberg, seconded by Bogusz, to concur with recommendation of
Committee of the Whole to DENY the Conditional Use request by T-Mobile
for a cell tower at 877 Central Road. Voice Vote -Aldermen Haugeberg,
Bogusz, Brookman, Walsten and Wilson voted Aye. Aldermen Robinson,
Sayad and Charewicz voted Nay. Motion declared carried.
Moved by Haugeberg, seconded by Charewicz, to concur with recommendation
of Committee of the Whole to place on First Reading Ordinance Z-21-11, AN
ORDINANCE AUTHORIZING A TEXT AMENDMENT TO TABLE 7.3.1,
"COMMERCIAL DISTRICT USE MATRIX," OF THE CITY OF DES
PLAINES ZONING CODE. Voice Vote -Aldermen Haugeberg, Robinson,
Bogusz, Sayad, Walsten, Wilson and Charewicz voted Aye. Alderman
Brookman voted Nay. Motion declared carried.
Moved by Sayad, seconded by Robinson, to advance to Second Reading and
adopt Ordinance Z-21-11, AN ORDINANCE AUTHORIZING A TEXT
AMENDMENT TO TABLE 7.3.1, "COMMERCIAL DISTRICT USE
MATRIX," OF THE CITY OF DES PLAINES ZONING CODE. Upon roll
J~1-
TABLE 7.3.1/ ADD
CHILDCARE
CENTER AS
COND. USE IN C-3
DISTRICT:
Page 8 of 8
call, the vote was:
AYES: 6-Haugeberg, Robinson, Bogusz, Sayad
Wilson, Charewicz
NAYS: 2-Brookman, Walsten
ABSENT: 0-None
Motion declared carried.
7/5/11
ADJOURNMENT: Moved by Sayad, seconded by Robinson, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 9:47 p.m.
~4, Q~.
Gloria J. Ludwii-~ CLERK
APPROVED BY ME THIS \st-
DAY OF A~u~ ,2011
~~~~~