07-19-2011CALL 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 19, 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 6:15 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday,
July 19, 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 Bogusz, seconded by Robinson, to go into Executive Session to
discuss Collective Bargaining. Motion passed unanimously without objection.
The City Council recessed at 6:16 p.m.
The City Council reconvened at 7 :00 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 Cathy Seng of the Baha'i Community of
Des Plaines, followed by the Pledge of Allegiance to the Flag.
Sergeant Robert Glynn of the United States Marine Corps, Mount Prospect,
addressed the City Council stating that he appreciated the opportunity for a
number of his men who worked to clear branches from the recent storm.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that
he received a thank you note from the City Nurse Madeline May who
acknowledged his participation as a volunteer for collecting "Paper for the
Pantry"; Chief Prandini was present during the traffic jam at the south end of
town the day before; he set a good example for other police officers by pitching
in to help direct traffic.
Motion by Sayad, seconded by Bogusz, to establish the Consent Agenda. Voice
Vote -All Ayes. Motion declared carried.
Motion by Robinson, seconded by Sayad, to approve Consent Agenda. Upon
roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Sayad,
Brookman, W alsten, Wilson, Charewicz
CONSENT
AGENDA:
(Cont'd)
MINUTES:
PURCHASE/
VESTS/POLICE
DEPT.:
Consent
Agenda
Resolution
R-94-11
ACCEPT PUBLIC
IMPROV'S./ 361-
371 WESTERN
AVE.:
Consent
Agenda
Resolution
R-98-11
ACCEPT PUBLIC
IMPROV'S./ 2279-
81 WESTVIEW
DR.:
Consent
Agenda
Resolution
R-99-11
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Page 2of9 7/19/11
Minutes were approved; Staff recommendations and requests were approved;
Ordinance M-31-11 was placed on Second Reading and adopted; Resolutions
R-94-11, R-98-11 and R-99-11 were adopted.
Moved by Robinson, seconded by Sayad, to approve minutes of the Regular
Meeting of the City Council held June 20, 2011. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Sayad, to approve minutes of the Special
Meeting of the City Council held June 27, 2011. Motion declared carried as
approved unanimous! y under Consent Agenda.
Moved by Robinson, seconded by Sayad, to concur with Staff recommendation
to authorize the purchase of one hundred GH Armor-Helix, Level II, bullet-
proof vests from the lowest quote (state bid) received from the Uniform Den
East, 5802 N. 2°d Street, Loves Park, Illinois 61111 in the amount of $39,395.00
(Federal Asset Forfeiture Fund); and further recommend to adopt Resolution R-
94-11, A RESOLUTION AUTHORIZING THE CITY TO ACCEPT THE
LOWEST RESPONSIBLE ST A TE BID OFFER FROM UNIFORM DEN
EAST FOR THE PURCHASE OF ONE HUNDRED BULLET-PROOF
VESTS AT A TOTAL COST NOT TO EXCEED $39,395.00. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Sayad, to concur with Staff recommendation
to authorize acceptance of Public Improvements and Release Surety Bond for
1211 Harding Townhomes, LLC Subdivision, 3612-371 Western Avenue and
approve the release of the Letter of Credit (No. 1123) in the amount of
$31,756.00 once the developer submits the 10-percent cash warranty in the
amount of $3,175.60 and the five-year maintenance bond in the amount of
$5,000.00; and further recommend to adopt Resolution R-98-11, A
RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS FOR 1211
HARDING TOWNHOMES, LLC SUBDIVISION LOCATED AT 361-371
WESTERN A VENUE, DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Sayad, to concur with Staff recommendation
to authorize acceptance of Public Improvements and Release Surety Bond for
Labedz Subdivision, 2279-81 Westview Drive and approve the release of the
Letter of Credit (No. 1967) in the amount of $15,000.00 once the developer
submits the IO-percent cash warranty in the amount of $1,242.00; and further
recommend to adopt Resolution R-99-11, A RESOLUTION ACCEPTING
THE PUBLIC IMPROVEMENTS FOR LABEDZ SUBDIVISION LOCATED
AT 2279-81 WESTVIEW DRIVE, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent Agenda. ~ ~ ~
ORDINANCE
M-31-11
DISPOSAL/
OBSOLETE
COMPUTER
EQUIPMENT:
Consent
Agenda
WARRANT
REGISTER:
LIQ. LIC./
CHANGE OF
OWNERSHIP/
1492 MINER ST.:
Page 3 of 9 7/19/11
Moved by Robinson, seconded by Sayad, to place on Second Reading and
adopt 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.
MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS
NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION -Alderman Bogusz, Chair
Alderman W alsten referred to Page I of the Warrant Register regarding a
payment of $7,500.00 to Sherman Consulting. Director of Finance Wisniewski
stated it was for a lobbyist during the recent gaming expansion session in
Springfield. Mayor Moylan stated the consulting firm handles the media
coverage.
Moved by Haugeberg, seconded by Sayad, to recommend to the City Council
approval of the July 19, 2011 -Warrant Register, in the total amount of
$3,589,146.00; and further recommend that Resolution R-100-11 be adopted at
appropriate time this evening. Voice Vote -All Ayes. Motion declared
carried.
LEGAL & LICENSING -Alderman Robinson, Chair
Alderman Robinson stated that the Petitioner, All 3 G's, Inc., d/b/a Miner Street
Tavern, 1492 Miner Street, Class A J, Tavern Liquors Dealers License and 4 am
Liquor License is applying for a change of ownership.
Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole
stating that politics is always in a state of fluidity; things change; he believes
the petitioner has four options: (1) leave it as it is; (2) reapply for a 2 a.m.
license; (3) vacate the premises and move to a different municipality; and legal
redress.
City Attorney Wiltse and Police Chief Prandini answered questions from the
Alderman Sayad regarding change of ownership and compliance with laws.
Alderman Haugeberg gave a brief history of the changes in the business.
City Clerk Ludwig swore in Mr. John Grammatis to give testimony and answer
questions from the aldermen. Mr. Grammatis explained the changes made to
keep patrons safe and comply with the laws. ~ ~-R
LIQ. LIC./
CHANGE OF
OWNERSHIP/
1492 MINER ST.:
(Cont'd)
COND. USE/ 655
SEEGERS RD.:
Page 4of9 7/19/11
Alderman Brookman stated that he would be voting no due to the 4 a.m.
license; he is against it.
Alderman Bogusz stated that he will vote no; he does not support a 4 a.m.
license; his no vote is not against the business.
Moved by Sayad, seconded by Haugeberg, to call for the vote. Upon roll call,
the vote was:
A YES: 6-Haugeberg, Bogusz, Sayad,
Walsten, Wilson, Charewicz
NAYS: 2-Robinson, Brookman
ABSENT: 0-None
Motion declared carried.
Moved by Haugeberg, seconded by Sayad, to recommend to the City Council
the change of ownership for All 3 G's, Inc., d/b/a Miner Street Tavern, 1492
Miner Street, Class A J, Tavern Liquors Dealers License and 4 a.m. Liquor
License be approved at appropriate time this evening. Upon roll call, the vote
was:
AYES:
NAYS:
ABSENT:
5-Haugeberg, Sayad,
W alsten, Wilson, Charewicz
3-Robinson, Bogusz, Brookman
0-None
Motion declared carried.
COMMUNITY DEVELOPMENT -Alderman Haugeberg, Chair
Alderman Haugeberg stated that the petitioner is requesting a Conditional Use
Permit to authorize the operation of a Contractor's Storage Yard and
Commercial Truck Parking Lot at 855 Seegers Road in the M-2 District.
Senior Planner Mangum reviewed his Memorandum of June 29, 2011 and
answered questions from the aldermen regarding the hours of operation and text
amendment.
Attorney Dan Dowd, 701 Lee Street, addressed the Committee of the Whole
answering questions from the aldermen regarding the hours of operation,
landscaping and fencing.
Petitioner must meet the following conditions:
1. Prior to issuance of the Conditional Use Permit, the Petitioner shall submit a landscape
plan providing a minimum 5 foot wide landscape buffer along the South and East
properties lines (adjacent to residential) with shade trees, a minimum of 2 Yi inches in
caliper, planted on an average of one tree one per 30 feet of yard length. The landscape
plan shall also provide for plantings the entire length of the property in front of the
existing fence on Seegers Road. The landscape plan shall also provide for parkway
trees at the equivalent of not more than 40 feet apart along Seegers Road if approved
by the Department of Public Works and Engineering.
2. Prior to issuance of the Conditional Use Permit the Petitioner shall complete the site
~\~
COND. USE/ 655
SEEGERS RD.:
(Cont'd
ORDINANCE
Page 5of9 7/19/11
improvements indicated on the approved landscape plan or post a cash bond equal to
an approved estimate of the total cost of the improvements provided by third party
contractor.
3. The hours of operation are restricted to Monday-Saturday, 5:30am-7:00pm. At all
other times the petitioner and its tenants shall comply with existing noise ordinance(s).
4. Vehicles shall access Hanbury Drive via Seegers Road. Appropriate signage shall be
posted at the southern property boundary stating "no trucks past this point." The City
shall have the authority to issue citations to any vehicles violating this notice.
5. Open storage of yard waste or other odor-causing materials is prohibited.
6. Emission of noxious, objectionable or annoying odor in such quantities as to be
detectable at any point along a lot boundary is prohibited.
7. Vehicle repair is prohibited on site.
8. To minimize adverse visual impact to adjacent residential properties the petitioner
shall install an 8 foot opaque fence along Seegers Road.
Senior Planner Mangum answered questions regarding parking of oversized
vehicles and language for a text amendment.
Alderman Sayad stated that he will vote yes and the petitioner should be
reimbursed the conditional use application fee in the amount of $385.
Moved by Bogusz, seconded to Sayad, to approve the conditional use for 855
Seegers Road. Alderman Sayad withdrew his second. Alderman Bogusz
withdrew his motion.
Moved by Walsten, seconded by Charewicz, to adopt a substitute motion to
amend Z-22-11 by removing the time frame, landscaping and fencing
requirements and refund the $3 85 application fee. Voice Vote -Alderman
Haugeberg, Robinson, Bogusz, Sayad, W alsten, Wilson and Charewicz voted
Aye. Alderman Brookman voted Nay. Motion declared carried.
Alderman Brookman will vote against this; there are concerns for the residents.
Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole
stating the property next door was commercial before the townhomes were
built; he gave a history of the Littelfuse property which was in a manufacturing
district.
Alderman Wilson will support the conditional use.
Moved by W alsten, seconded by Sayad, to recommend to the City Council
approval of Ordinance Z-22-11 as amended at appropriate time this evening.
Voice Vote -Alderman Haugeberg, Robinson, Bogusz, Sayad, W alsten,
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 Sayad, to place on Second Reading and adoi
~~
M-30-11
COM.&ECON.
DEV.REORG.
AND2011
SCHEDULE FOR
NON-UNION,
MANAGEMENT
PERSONNEL:
ORDINANCE
M-5-11/
AMEND
CIVIL SERVICE
COMMISSION:
RECONSIDER/
877CENTRAL
RD.:
Page 6 of 9 7/19/11
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:
AYES: 8-Haugeberg, Robinson, Bogusz, Sayad
NAYS:
ABSENT:
Brookman, W alsten, Charewicz
0-None
0-None
Motion declared carried.
Moved by Sayad, seconded by Haugeberg, to place on Second Reading and
adopt Ordinance M-5-11, 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 Sayad, to reconsider Ordinance Z-6-11 -T-
Mobile Cell Tower at 877 Central Road. Voice Vote -Aldermen Haugeberg,
Robinson, Bogusz, Sayad and Charewicz voted Aye. Aldermen Brookman,
Walsten and Wilson voted Nay. Motion declared carried.
Alderman Brookman stated he will vote against this; it should not be
reconsidered; the issue needs far more time.
Alderman Brookman asked why this matter is being reconsidered.
Alderman Haugeberg stated that she wanted to obtain additional information
and do additional fact finding.
Alderman Brookman asked if an independent appraisal was obtained by staff.
Director of Community & Economic Development Bartholomew stated that the
staff did not obtain an appraisal; the petitioner did.
Director of Information Technology Duebner gave an explanation of the
emergency communications system at All Saints Cemetery; problems with
height of antennae and contacting caretaker of property to gain access to the
site; cell tower and cell service disrupted by recent storms; a 100 foot tower
would allow better listening at a greater distance; it would improve
communications for emergency services; he recommends a monopole or lattice
style cell tower. cl1~.g__
RECONSIDER/
877CENTRAL
RD.:
(Cont'd)
Page 7 of 9 7/19/11
Director of Information Technology Duebner answered questions from the
aldermen.
Moved by Haugeberg, seconded by Brookman, to suspend the Council Rules to
allow public input. Voice Vote -All Ayes. Motion declared carried.
Mrs. Allison Ferrini, 612 North Third Avenue, addressed the City Council
stating that this matter was voted on July 5; no new information has been
presented; she gave the history of the property being considered by the Plan
Commission for a fire station and then a cell tower; the presence of a cell tower
will devalue her property; residents are against it; 144 residents sign a petition.
Mr. Richard Williams, 103 Butterfield Road, Elmhurst, addressed the City
Council stating he was hired by the residents as an expert appraiser and read a
statement regarding the reduced market value and negative impact on properties
as a result of having a cell tower in the area.
Alderman Bogusz will vote no.
Cynthia Morgan, 9646 Reding Circle, addressed the City Council reading a
statement regarding the impact of this type of technology and requested that the
Council say no to the cell tower; she has documents supporting the negative
impact on health.
Mr. Joseph Ferrini, 612 North Third Avenue, addressed the City Council stating
that although the City would collect $25,000 a year in revenue, there would also
be a loss in property values; in the past the Plan Commission Chair said he
would not recommend a cell tower.
Ms. Candace Lencioni, 619 North Third Avenue, addressed the City Council
concerning property values, reduction of taxes and health issues.
Ms. Gerry Grein, 793 Berkshire, addressed the City Council stating that her
home was reappraised in 2009 during the economic downturn;
Alderman Wilson will vote no.
Moved by Sayad, seconded by Robinson, to place on First Reading Ordinance
Z-6-11, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE
PERMIT AND VARIATIONS TO SECTIONS 8.5-2 B. AND 8.5-2 C. OF
THE DES PLAINES ZONING ORDINANCE TO AUTHORIZE THE
CONSTRUCTION OF AN APPROXIMATELY 100' TALL LATTICE-
STYLE COMMERCIAL MOBILE RADIO SERVICE FACILITY WITH A
SETBACK OF APPROXIMATELY 56' FROM THE RESIDENTIAL
DISTRICT TO THE EAST IN A I-1, INSTITUTIONAL DISTRICT AT 877
CENTRAL ROAD, DES PLAINES, ILLINOIS. (CASE #10-055-CU-V).
Voice Vote -Aldermen Haugeberg, Robinson, Sayad, Charewicz, Moylan
voted Aye. Aldermen Bogusz, Brookman, Walsten and Wilson voted Nay.
Motion declared carried. ~ ~ {--
WARRANT
REGISTER:
Resolution
R-100-11
LIQ. LIC./
CHANGE OF
OWNERSHIP/
1492 MINER ST.:
COND. USE/ 655
SEEGERS RD.:
Ordinance
Z-22-11
ORDINANCE
Z-22-11
COND. USE/ 655
SEEGERS RD.:
Page 8of9 7/19/11
Moved by Bogusz, seconded by Haugeberg, to concur with recommendation of
Committee of the Whole to adopt Resolution R-100-11, 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: $3,589,146.00.
Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Sayad
NAYS:
ABSENT:
Brookman, Walsten, Charewicz
0-None
0-None
Motion declared carried.
Moved by Wilson, seconded by Haugeberg, to concur with recommendation of
Committee of the Whole to approve the change of ownership for All 3 G's, Inc.,
d/b/a Miner Street Tavern, 1492 Miner Street, Class A J, Tavern Liquors
Dealers License and 4 a.m. Liquor License. Upon roll call, the vote was:
A YES: 5-Haugeberg, Sayad
Walsten, Charewicz
NAYS: 3-Robinson, Bogusz, Brookman
ABSENT: 0-None
Motion declared carried.
Moved by Haugeberg, seconded by Sayad, to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-22-11, AS
AMENDED, AN ORDINANCE GRANTING A CONDITIONAL USE
PERMIT IN ACCORDANCE WITH SECTION 7.4-5 C. OF THE DES
PLAINES ZONING ORDINANCE TO ALLOW A CONTRACTOR'S
STORAGE YARD AND COMMERCIAL TRUCK PARKING LOT AT 655
SEEGERS ROAD, DES PLAINES, ILLINOIS (CASE #11-024-CU). Voice
Vote -Alderman Haugeberg, Robinson, Bogusz, Sayad, Walsten, Wilson and
Charewicz voted Aye. Alderman Brookman voted Nay. Motion declared
carried.
Moved by Haugeberg, seconded by Sayad, to advance to Second Reading and
adopt Ordinance Z-22-11, AS AMENDED, AN ORDINANCE GRANTING A
CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.4-5
C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW A
CONTRACTOR'S STORAGE YARD AND COMMERCIAL TRUCK
PARKING LOT AT 655 SEEGERS ROAD, DES PLAINES, ILLINOIS
(CASE #11-024-CU). Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Sayad ~ ~~
W alsten, Charewicz, Moylan O-
NAYS: 3-Bogusz, Brookman, Wilson
ABSENT: 0-None
Motion declared carried.
Page 9 of 9 7/19/11
ADJOURNMENT: Moved by Robinson, seconded by Walsten, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 9:25 p.m.
Gloria J. LudWig ~ LERK
'\' ,\-) __ ___
APPROVED BY ME THIS __. __ :::::> __