08-01-2011MINUTES 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, AUGUST 1, 2011
CALL TO ORDER: The regular meeting of the City Council of the City
of Des Plaines, Illinois, was called to order by
Deputy City Clerk Peterson at 6:30 p.rn. in the
Eleanor Rohrbach Memorial Council Chambers, Des
Plaines Civic Center on Monday, August 1, 2011.
ROLL CALL: Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Sayad, Brookman,
Walsten, Wilson, Charewicz.
Also present were: Acting City Manager Slowinski, Director of
Fire Chief Wax, Director
Director of Community &
of Information Technology
Finance Wisniewski, Police Chief Prandini,
of Public Works & Engineering Oakley,
Economic Development Bartholomew, Director
Duebner and City Attorney Wiltse.
MAYOR PRO TEM: Moved by Robinson,
Alderman Sayad as
Mayor Moylan.
seconded by Haugeberg,
Mayor Pro Tern in the
to elect
absence of
Moved by Walsten,
Alderman Wilson as
Mayor Moylan.
seconded by Brookman, to elect
Mayor Pro Tern in the absence of
Moved by Brookman, seconded by Charewicz, to elect
Alderman Walsten as Mayor Pro Tern in the absence of
Mayor Moylan. Upon roll call, the vote was:
AYES: 3-Brookrnan, Walsten, Charewicz
NAYS: 5-Haugeberg, Robinson, Bogusz, Sayad, Wilson
ABSENT: 0-None
Motion declared FAILED.
Upon roll call to elect Alderman Wilson, the vote
was:
AYES: 3-Brookrnan, Walsten, Charewicz
NAYS: 5-Haugeberg, Robinson, Bogusz, Sayad, Wilson
ABSENT: 0-None
Motion declared FAILED.
Upon roll call to elect Alderman Sayad, the vote was:
AYES: 5-Haugeberg, Robinson, Bogusz, Sayad, Wilson
NAYS: 3-Brookrnan, Walsten, Charewicz
ABSENT: 0-None
Motion declared carried.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PUBLIC
HEARING/CDBG
ANNUAL ACTION
PLAN:
8/01/11
PAGE TWO
Moved by Robinson, seconded by Haugeberg, to go into
Executive Session to discuss Probable & Imminent
Litigation. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Walsten, Wilson, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
The City Council recessed at 6:37 p.m.
The City Council reconvened at 7:09 p.m.
Roll call indicated the following Aldermen present:
Haugeberg, Robinson, Bogusz, Sayad, Brookman,
Walsten, Wilson, Charewicz.
The opening prayer was given by Rev. Valentin
Popovich of the Romanian Baptist 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, MONDAY, AUGUST 1, 2011
CALL TO ORDER: Mayor Pro Tern Sayad called the Public Hearing to
order at 7:13 p.m. The Public Hearing is being held
pursuant to legal notice to give citizens the
opportunity to comment on the City's 2011-2012
Community Development Block Grant Annual Action Plan
for the Program Year October 1, 2011 to September 30-
2012, for which the City is eligible to receive
$2 99, 7 69 in Federal CDBG Funds from the U.S.
Department of Housing & Urban Development (HUD) .
DISCUSSION: Associate Planner Yu gave a brief overview.
Mayor Pro Tern Sayad asked for comments from the
Aldermen and the public. Final action on this matter
under Items 9 and 9a on the Consent Agenda this
evening.
The Public Hearing was adjourned at 7:16 p.m.
The City Council reconvened at 7:17 p.m.
CITIZEN PART.
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
CASINO-
SPECIFIC ORD.
RELATED TO
UNDERAGE
TRESPASSING:
Ordinance
M-32-11
8/01/11
PAGE THREE
Mr. Brian Burkross, 2133 Webster Lane, addressed the
City Council stating that presenters speak sometimes
for an hour before the City Council and residents are
only allowed five (5) minutes; please allow
residents additional time if needed; thanks to former
Alderman Beauvais for her assistance with regard to
his wife's death.
Ms. Candee Cole, 1530 Pennsylvania Avenue, addressed
the City Council stating that she wants to thank the
City staff for their efforts during the flooding;
continue to make improvements to the sewers and work
with ComEd; she's worried about the safety of the
carnival at the Summer Fling.
Moved by Haugeberg, seconded by Robinson, to
establish a Consent Agenda. Motion declared carried.
Moved by Bogusz, seconded by Robinson, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Walsten, Wilson, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Staff recommendations and requests were approved;
Ordinances M-33-11, M-34-11, Z-23-11 and Z-24-11 were
placed on First Reading; and Resolutions R-101-11 and
R-102-11 were adopted.
Moved by Bogusz, seconded by Robinson, to approve
minutes of the regular meeting of the City Council
meeting held July 5, 2011, as published. Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Bogusz, seconded by Robinson, to approve
minutes of the Executive Session of the City Council
held July 5, 2011. Motion declared carried as
approved unanimously under Consent Agenda.
Mr. Brian Burkross, 2133 Webster, addressed the City
Council stating that the ordinance should have
provisions added if there are excessive Police and
Fire calls to the casino.
Moved by Haugeberg, seconded by
with Staff recommendation to
protocols for the Rivers Casino
Code to include a local ordinance
Brookman, to concur
establish security
and amend the City
that prohibits the~
CASINO ORD.
Cont'd.
LIQUOR
LICENSE/
HOUSEKEEPING:
Consent
Agenda
Ordinance
M-33-11
CABLE/VIDEO
SERVICE
PROVIDER FEE:
Consent
Agenda
Ordinance
M-34-11
WAIVE
PROVISION/
ST. ZACHARY
"AUGUST FEST"
CARNIVAL:
Consent
Agenda
Ordinance
Z-23-11
8/01/11
PAGE FOUR
presence of persons under the age of twenty-one at
the casino; and further recommend to place on First
Reading Ordinance M-32-11, AN ORDINANCE AMENDING
TITLE 6, "POLICE REGULATIONS," SECTION 4, "GAMBLING,"
SECTION 1, "GAMBLING PROHIBITIONS," OF THE CITY OF
DES PLAINES CITY CODE. Motion declared carried.
Moved by Bogusz, seconded by Robinson, to concur with
Staff recommendation to amend Title 4, Chapter 4
"Intoxicating Liquors," Section 4-4-5 :A. of the City
Code to delete three ( 3) Class A Tavern Liquor
Dealers License (Cheeseburger in Paradise, 1472
Market Street, MGM Billiards, 647 N. Wolf Road,
Roman's, 1396 Oakton); delete one Class E
Restaurant and Dining Room License (Azteca' s Mexican
Restaurant, 1916 Mannheim Road); delete three (3)
Class B -Bulk Sales Liquor Dealers License (Salute
Wine, Spirits and Specialties, 1572 Rand Road,
Superior Wine, 2121 Oxford Drive, Tequila Specialist,
272 Howard); and further recommend to place on First
Reading Ordinance M-33-11, AN ORDINANCE AMENDING
TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4,
"INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND
NUMBER," OF THE DES PLAINES CITY CODE. Motion
declared carried as approved unanimously under
Consent Agenda.
Moved by Bogusz, seconded by Robinson, to concur with
Staff recommendation to adopt a Cable/Video Service
Provider Fee of 5% of gross revenues, which is the
same percentage as the fee specified in the State of
Illinois statewide cable Franchising Act; and further
recommend to place on First Reading M-34-11, AN
ORDINANCE ADOPTING A CABLE/VIDEO SERVICE PROVIDER FEE
IN THE CITY OF DES PLAINES. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Bogusz, seconded by Robinson, to concur with
Staff recommendation to authorize a four day permit
for a carnival at St. Zachary Church from August 4,
2011 through August 7, 2011 at 567 West Algonquin
Road; and further recommend to place on First Reading
Ordinance Z-23-11, AN ORDINANCE EXPRESSLY WAIVING THE
PROVISIONS OF SECTION 8. 11-3 OF THE ZONING CODE AND
AUTHORIZING A FOUR DAY CARNIVAL ON THE GROUNDS OF ST.
ZACHARY CHURCH, 567 WEST ALGONQUIN ROAD, DES PLAINES,
ILLINOIS FROM AUGUST 4, 2011 THROUGH AUGUST 7, 2011.
Motion declared carried as approved unanimously under
Consent Agenda.
WAIVE
PROVISION/PARK
DISTRICT "FALL
FEST":
Consent
Agenda
Ordinance
Z-24-11
PURCHASE SPEED
CONTROL
EQUIPMENT FOR
POLICE DEPT:
Consent
Agenda
Resolution
R-101-11
2011-2012
COMM. DEVEL.
BLOCK GRANT
ACTION PLAN:
Consent
Agenda
Resolution
R-102-11
ORDINANCE
M-32-11
CASINO-
SPECIFIC ORD.
RELATED TO
UNDERAGE
TRESPASSING:
8/01/11
PAGE FIVE
Moved by Bogusz, seconded by Robinson, to concur with
Staff recommendation to authorize a three day permit
for a carnival at Lake Park on Lee Street between
Howard Avenue and Touhy Avenue from September 16,
2011 through September 18, 2011; and further
recommend to place on First Reading Ordinance Z-24-
11, AN ORDINANCE EXPRESSLY WAIVING THE PROVISION OF
SECTION 8. 11-3 OF THE ZONING CODE AND AUTHORIZING A
THREE DAY CARNIVAL ON THE GROUNDS OF LAKE PARK ON LEE
STREET BETWEEN HOWARD AVENUE AND TOUHY AVENUE IN DES
PLAINES FROM SEPTEMBER 16, 2011 THROUGH SEPTEMBER 18,
2011. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Bogusz, seconded by Robinson, to concur with
Staff recommendation to purchase six ( 6) speed
control monitors from All Traffic Solutions, 3100
Research Drive, State College, PA 16801, in the
amount of $64,130.00 ($22,000/Grant Funds and
$42, 130/Federal Asset Forfeiture Funds) and it would
be in the best interest of the City that usual bid
procedures be waived; and further recommend to adopt
Resolution R-101-11, A RESOLUTION AUTHORIZING THE
PURCHASE OF SIX SPEED CONTROL MONITORS FROM ALL
TRAFFIC SOLUTIONS AT A TOTAL COST OF $64,130.00.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Bogusz, seconded by Robinson, to concur with
Staff recommendation to approve City's Community
Development Block Grant (CDBG) Action Plan for
program year October 1, 2011 to September 3 0, 2012,
as presented at a Public Hearing held August 1, 2011;
authorize Mayor and City Clerk to execute and submit
all required documents to the U.S. Department of
Housing and Urban Development (HUD); and further
recommend to adopt Resolution R-102-11, A RESOLUTION
APPROVING THE CITY OF DES PLAINES COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2011 ANNUAL
ACTION PLAN. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to adopt
Ordinance M-32-11, AN ORDINANCE AMENDING TITLE 6,
"POLICE REGULATIONS, II SECTION 4, "GAMBLING, II SECTION
1, "GAMBLING PROHIBITIONS," OF 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.
ORDINANCE
Z-23-11
WAIVE
PROVISION/
ST. ZACHARY
"AUGUST FEST"
CARNIVAL:
WARRANT
REGISTER:
FACADE
REHABILITA.
PROGRAM
REBATE/
1476 MINER:
Resolution
R-104-11
8/01/11
PAGE SIX
Moved by Charewicz, seconded by Walsten, to adopt
Ordinance Z-23-11, AN ORDINANCE EXPRESSLY WAIVING THE
PROVISIONS OF SECTION 8 .11-3 OF THE ZONING CODE AND
AUTHORIZING A FOUR DAY CARNIVAL ON THE GROUNDS OF ST.
ZACHARY CHURCH, 567 WEST ALGONQUIN ROAD, DES PLAINES,
ILLINOIS FROM AUGUST 4, 2011 THROUGH AUGUST 7, 2011.
Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Walsten, Wilson, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
MAYOR PRO TEM SAYAD DECLARED THAT THE CITY COUNCIL
WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION -Alderman Higgason, Chair
Moved by Haugeberg, seconded by Say ad, to recommend
to the City Council approval of the August 1 , 2011 -
Warrant Register, in the total amount of
$2,383,356.62; and further recommend that Resolution
R-103-11 be adopted at appropriate time this evening.
Motion declared carried.
MAYOR PRO TEM SAYAD ASSUMED THE CHAIR AND DECLARED
THE CITY COUNCIL BACK IN SESSION.
Moved by Walsten, seconded by Brookman, to concur
with recommendation of the Des Plaines Economic
Development Commission to authorize payment of
$4,978.70/TIF District #1, to Des Plaines Theatre,
as the City's contribution for fa9ade improvements
under the Fa9ade Rehabilitation Rebate Program for
fa9ade improvements for property located at 1476
Miner Street, ; and further recommend to adopt
Resolution R-104-11, A RESOLUTION AUTHORIZING THE
PAYMENT OF $4,978.70 TO THE DES PLAINES THEATRE,
OWNER OF 14 76 MINER STREET, DES PLAINES, ILLINOIS
60016, AS THE CITY'S CONTRIBUTION OF THE PROPERTY'S
FACADE REHABILITATION.
1476 MINER
(Cont'd.)
FACADE
REHABILITA.
PROGRAM
REBATE/
733 LEE:
Resolution
R-105-11
8/01/11
PAGE SEVEN
Director of Community and Economic Development
Bartholomew reviewed Associate Planner Yu' s memo of
July 11, 2011 regarding the reimbursement to the Des
Plaines Theatre, 1476 Miner Street and answered
questions from the Aldermen.
Alderman Bogusz stated that it is an extended period
of time between the business' application for a
Fac;ade Rebate to the time it appears on a Warrant
Register for City Council approval.
Alderman Brookman stated that it is unfair to the
business if the Economic Development Commission
approves the business' application, they proceed with
the work and then the City Council denies it.
Moved by Walsten, seconded by Bogusz, to call for the
question. Motion declared FAILED. Aldermen
Haugeberg, Robinson, Sayad and Wilson voted no.
Aldermen Bogusz, Brookman, Walsten and Charewicz
voted yes.
Moved by Walsten, seconded by Brookman, to suspend
the rules to permit public input. Motion declared
carried.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
City Council stating the City of Chicago considers
each property owner singularly and not each address;
is there a loophole in the City's ordinance that
should be addressed.
Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz,
Brookman, Walsten, Wilson, Charewicz
NAYS: 1-Sayad
ABSENT: 0-None
Motion declared carried.
Moved by Haugeberg, seconded by Walsten, to concur
with recommendation of the Des Plaines Economic
Development Commission to authorize payment of
$44,000.00/TIF District #1, to Greek American
Restaurant Association (GARA), as the City's
contribution for fac;ade improvements under the Fac;ade
Rehabilitation Rebate Program for property located at
733 Lee Street; and further recommend to adopt
Resolution R-105-11,
733 LEE
(Cont'd.)
ORDINANCE
Z-6-11
CELL TOWER/
877 CENTRAL:
Ordinance
Z-6-11
8/01/11
PAGE EIGHT
A RESOLUTION AUTHORIZING THE PAYMENT OF $41,000.00 TO
THE GREEK AMERICAN RESTAURANT, OWNER OF 733 LEE
STREET, DES PLAINES, ILLINOIS 60016, AS THE CITY'S
CONTRIBUTION OF THE PROPERTY'S FACADE REHABILITATION.
Director of Community and Economic Development
Bartholomew reviewed Associate Planner Yu' s memo of
July 8, 2011 regarding the reimbursement to the Greek
American Restaurant Association (GARA), 733 Lee
Street and answered questions from the Aldermen.
Moved by Robinson, seconded by Brookman, to suspend
the rules to permit public input. Motion declared
carried.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
City Council stating that a motion to suspend the
rules would not be needed if this item was under the
Committee of the Whole.
Upon roll call, the vote was:
AYES: 6-Haugeberg, Bogusz, Brookman,
Walsten, Wilson, Charewicz
NAYS: 2-Robinson, Sayad
ABSENT: 0-None
Motion declared carried.
Moved by Robinson, seconded by Haugeberg, to TABLE
Ordinance Z-6-11, Cell Tower at 877 Central Road.
Upon roll call, the vote was:
AYES: 3-Haugeberg, Robinson, Sayad
NAYS: 5-Bogusz, Brookman, Walsten,
Wilson, Charewicz
ABSENT: 0-None
Motion declared FAILED.
Moved by Walsten, seconded by Bogusz, to DENY
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
MOBILE RADIO
APPROXIMATELY
THE EAST IN
CENTRAL ROAD,
CU-V) .
100' TALL LATTICE-STYLE
SERVICE FACILITY WITH A
COMMERCIAL
SETBACK OF
56' FROM THE RESIDENTAIL DISTRICT TO
A I-1, INSTITUTIONAL DISTRICT AT 877
DES PLAINES, ILLINOIS. (CASE #10-055-
Moved by Walsten, seconded
the rules to permit public
carried.
by Brookman, to suspend
input. Motion decl (~
877 CENTRAL
(Cont'd.)
WARRANT
REGISTER:
Resolution
R-103-11
8/01/11
PAGE NINE
Ms. Allison Ferrini, 612 N. Third Avenue, addressed
the City Council stating that this property was
planned to be rezoned to R-1 in the Comprehensive
Plan; money should not be a motivating factor for
approval of the cell tower; her neighborhood is
against this cell tower, please deny it.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
City Council stating that cell phones will never have
the same reliability as land lines; cell phones are
damaging to the ears; this is a heal th concern; he
does not live in this area, but is advocating for
these residents; table this item until additional
information is supplied to the Aldermen.
Ms. Candee Cole, 1530 Pennsylvania Avenue, addressed
the City Council stating that you cannot put a dollar
amount on your taxpaying residents; we should not be
impacting the health of the residents.
Mr. John Grimaldi, 594 Concord, addressed the City
Council stating that 144 families will be affected by
this cell tower; don't let money be the deciding
factor; this neighborhood will retaliate at the next
election if the City Council adopts this ordinance.
Upon roll call, the vote was:
AYES: 5-Bogusz, Sayad, Brookman, Walsten, Wilson
NAYS: 3-Haugeberg, Robinson, Charewicz
ABSENT: 0-None
Motion declared carried.
Moved by Bogus z, seconded by Haugeberg, to concur
with recommendation of Committee of the Whole to
adopt Resolution R-101-11 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. Total: $2,383,356.62. Upon roll call, the
vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Walsten, Wilson, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
877 CENTRAL/
LEAVE OF THE
BODY:
ADJOURNMENT:
8/01/11
PAGE TEN
Alderman Brookman requested leave of the body to
change his vote from yes to no on the denial of the
Cell Tower at 877 Central Road vote. City Attorney
Wiltse explained that leave of the body required
unanimous consent. There were no objections. The
vote totals on the motion to deny Z-6-11 then were:
Aldermen Bogusz, Sayad, Walsten and Wilson voting
yes. Aldermen Haugeberg, Robinson, Brookman and
Charewicz voting no -being a tie vote, the motion
FAILED.
Alderman Brookman asked City Attorney Wiltse if the
original vote on the Cell Tower could be reconsidered
at the August 15, 2010 City Council meeting.
Moved by Bogusz, seconded by Walsten, to take a
fifteen ( 15) minute recess for City Attorney Wiltse
to review Robert's Rules of Order regarding Alderman
Brookman's request. Motion declared carried.
The City Council recessed at 9:27 p.m.
The City Council reconvened at 9:46 p.m.
City Attorney Wiltse stated that the ordinance is
defeated on Second Reading. As a defeated ordinance,
it will not appear on the agenda next time. The way
for this to be brought back by the cell phone company
is to bring it back in a different form.
Mayor Pro Tern Sayad asked if the ordinance is dead
right now. City Attorney Wiltse said yes.
Moved by Bogusz,
regular meeting of
declared carried.
APPROVED BY ME THIS
DAY OF
Mar . Moylan, MAYOR
by Walsten, that the