09-19-2011CALL 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,
MONDAY, SEPTEMBER 19, 2011
The regular meeting of the City Council of the City
of Des Plaines, Illinois, was called to order by
Mayor Moylan at 6:00 p. m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center
on Monday, September 19' 2011.
Roll call indicated the following aldermen present:
Haugeberg, Robinson, Bogusz, Sayad, Brookman,
Walsten, Wilson, Charewicz.
Also present were: Acting City Manager Slowinski, Director of
Finance Wisniewski, Police Chief Prandini, Fire Chief Wax, Director
of Public Works & Engineering Oakley and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PRESENTATION:
Moved by Bogusz, seconded by Robinson, to go into
Executive Session to discuss Personnel, Probable &
Imminent Litigation and Review of Exe cu ti ve Session
Minutes. 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 6:02 p.m.
The City Council reconvened at 7:02 p.m.
Roll call indicated the following Aldermen present:
Haugeberg, Robinson, Bogusz, Sayad, Brookman,
Walsten, Wilson, Charewicz.
The opening prayer was given by Deacon Jim Ernst of
Our Lady of Hope Catholic Church, followed by the
Pledge of Allegiance to the Flag.
Mayor Moylan introduced Heather Schady of the Active
Transportation Alliance who made a presentation on
"complete streets".
CITIZEN PART.
PROBABLE &
IMMINENT
LITIGATION:
CONSENT
AGENDA:
LIQUOR LICENSE
AMENDMENTS/
3000 N. RIVER:
Consent
Agenda
Ordinance
M-40-11
9/19/11
PAGE TWO
Ms. Evelyn Muzio, 54 9 Amherst Street, addressed the
City Council stating that she purchased a generator
in April; under the new program she does not qualify;
what are the Aldermen going to do about this problem.
Mr. Wayne Serbin, 8 35 Pearson Street, addressed the
City Council stating that he attends Ward meetings;
these meetings are a good way to get to know your
Alderman and your neighbors.
Ms. Susan Czach, 1669 Illinois Street, addressed the
City Council stating that she was here this morning
for the generator rebate program; when will
additional funding be discussed by the City Council
again. Acting City Manager Slowinski stated that it
would be discussed in October.
Moved by Robinson, seconded by Bogusz, to concur with
majority agreement reached in Exe cu ti ve Session to
authorize the City Attorney to file condemnation
action seeking the demolition of the abandoned house
at 968 Second Avenue. Motion declared carried.
Alderman Walsten voted no.
Moved by Haugeberg, seconded by Sayad, to establish a
Consent Agenda except for Items 3, 3a, 9 and 9a.
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;
Ordinance M-40-11 was placed on First Reading;
Ordinances M-39-11 and Z-25-11 were adopted and
Resolutions R-122-11, R-124-11, R-125-11, R-126-11,
R-127-11 and R-128-11 were adopted.
Moved by Bogusz, seconded by Robinson, to concur with
Staff recommendation to approve amendments to Class N
Casino Liquor License for Midwest Gaming &
Entertainment, d/b/ a Rivers Casino, 3000 North River
Road; and place on First Reading Ordinance M-40-11,
AN ORDINANCE AMENDING TITLE 4, "BUSINESS
REGULATIONS," CHAPER 4, "INTOXICATING LIQUORS," OF
THE DES PLAINES CITY CODE. Motion declared carried
as approved unanimously under Consent Agenda. f$
ACCEPT
PROPOSAL/
FLOODING
STUDY:
Consent
Agenda
Resolution
R-122-11
SURPLUS
PROPERTY/
LIBRARY:
Resolution
R-123-11
DCEO GRANT/
CONTRACT
AMENDMENT
Consent
Agenda
Resolution
R-124-11
AWARD BID/
2011 CIP REAR
YARD DRAINAGE:
Consent
Agenda
Resolution
R-125-11
9/19/11
PAGE THREE
Moved by Bogusz, seconded by Robinson, to concur with
Staff recommendation to accept proposal from
Christopher B. Burke, 9575 West Higgins Road, Suite
600, Rosemont, IL 60018, for Professional Engineering
Services in a not-to-exceed amount of
$42, 700. 00/Capital Projects Fund for a Flooding
Study; and further recommend to adopt Resolution R-
122-11, A RESOLUTION ACCEPTING THE PROPOSAL FROM
CHRISTOPHER B. BURKE
PROFESSIONAL ENGINEERING
ADDITIONAL AREAS TO THE
ENGINEERING,
SERVICES TO
EXISTING
LTD. FOR
ADD THREE
STORM WATER
MANAGEMENT MASTER PLAN. Motion declared carried as
approved unanimously under Consent Agenda.
City Attorney Wiltse stated that the authorization of
right of first refusal to purchase surplus property
from the Des Plaines Library (computer-related
items); and the adoption of Resolution R-123-11 will
be placed on the October 3, 2011 Council meeting.
Moved by Bogusz, seconded by Robinson, to concur with
Staff recommendation to approve contract amendment
for the purpose of completing energy efficient
retrofit improvements on the Civic Center and Police
Garage HVAC systems, as well as lighting upgrades in
City Hall and the Police Department in the amount of
$44,647.00 with Johnson Controls, 3007 Malmo Drive,
Arlington Heights, IL 60005, in connection with
existing contract due to additional Grant monies
received from the Department of Commerce & Economic
Opportunity; and further recommend to adopt
Resolution R-124-11, A RESOLUTION AUTHORIZING AN
AMENDMENT TO THE PERFORMANCE CONTRACT BETWEEN JOHNSON
CONTROLS, INC. AND THE CITY OF DES PLAINES FOR
VARIOUS IMPROVEMENTS TO CITY HALL AND THE POLICE
DEPARTMENT. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Bogusz, seconded by Robinson, to concur with
Staff recommendation to award bid for 2011 Capital
Improvement Project (CIP), Street Improvements
Project (MFT 11-00216-00-RS) to the lowest bidder,
Arrow Road Construction Company, 3401 South Busse
Road, Mount Prospect, IL 60056, in the not to exceed
amount of $510, 000. 00 (Motor Fuel Tax/$490, 000 and
TIF #1 Fund/$20,000); and further recommend to adopt
Resolution R-125-11, A RESOLUTION ACCEPTING THE BID
FROM ARROW ROAD CONSTRUCTION COMPANY FOR THE 2011
CAPITAL IMPROVEMENT PROGRAM STREET IMPROVEMENTS,
MFT 11-000216-00-RS. Motion declared carried a\~
approved unanimously under Consent Agenda. ~
AWARD BID/
2011 CIP REAR
YARD DRAINAGE
IMPROVEMENTS:
Consent
Agenda
Resolution
R-126-11
GRANT FUNDING/
MODEL
COMMUNITIES
BIKE NETWORK:
Consent
Agenda
Resolution
R-127-11
PURCHASE OF
SEWER
TELEVISING
CAMERA:
Consent
Agenda
Resolution
R-128-11
PURCHASE OF
WATER METERS:
Resolution
R-129-11
9/19/11
PAGE FOUR
Moved by Bogusz, seconded by Robinson, to concur with
Staff recommendation to award bid for 2011 Capital
Improvement Project (CIP), Rear Yard Drainage
Improvements Contract B, to the lowest bidder,
Martam Construction, Inc., 1200 Gasket Drive, Elgin,
IL 60120, in the amount of $274, 937. 00/Capital
Projects Fund; and further recommend to adopt
Resolution R-126-11, A RESOLUTION ACCEPTING THE BID
FROM MARTAM CONSTRUCTION, INC. FOR THE 2011 CAPITAL
IMPROVEMENT PROGRAM REAR YARD DRAINAGE
IMPROVEMENTS, CONTRACT B. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Bogusz, seconded by Robinson, to concur with
Staff recommendation to authorize an agreement with
the Active Transportation Alliance for the awarded
funding of $10, 000 from the Model Communities Grant
Program for amenities
bike network; and
Resolution R-127-11;
EXECUTION OF AN
to the City's newly installed
further recommend to adopt
A RESOLUTION AUTHORIZING THE
AGREEMENT BETWEEN ACTIVE
TRANSPORTATION ALLIANCE AND 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 waive normal bidding
procedures and authorize the purchase of Sewer
Televising Camera from sole source provider E.J.
Equipment, Inc., 6963 North 3000 East Road, Manteno,
IL 60950, in the amount of $25,976.00/Water-Sewer
Fund; and further recommend to adopt Resolution R-
128-11, A RESOLUTION WAIVING THE PURCHASING POLICIES
AND GUIDELINES IN THE CITY CODE AND AUTHORIZING THE
PURCHASE OF A SEWER TELEVISING CAMERA FROM E.J.
EQUIPMENT, INC. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Sayad, to refer back
to Staff for more information the recommendation to
waive normal bidding procedures and authorize the
purchase of water meters, repair parts and automated
meter reading equipment in the not to exceed amount
of $160,000.00/Water Fund, from Badger Meter, Inc.,
4545 W. Brown Deer Road, Milwaukee, WI 53223; and the
adoption Resolution R-129-11. Motion declared
carried.
ORDINANCE
M-39-11/
AMBULANCE
SERVICE FEE:
Consent
Agenda
ORDINANCE
Z-25-11/
254 LAUREL:
Consent
Agenda
APPOINTMENT/
REAPPOINT. :
WARRANT
REGISTER:
9/19/11
PAGE FIVE
Moved by Bogusz, seconded by Robinson, to adopt
Ordinance M-39-11, AN ORDINANCE AMENDING TITLE 11,
"FIRE REGULATIONS," CHAPTER 10, "FIRE AND AMBULANCE
SERVICE," SECTION 2, "AMBULANCE FEE," OF THE CITY OF
DES PLAINES CITY CODE. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Bogusz, seconded by Robinson, to adopt
Ordinance Z-25-11, AN ORDINANCE GRANTING A 12 MONTH
EXTENSION FOR PHASE II OF THE CONDITIONAL USE FOR THE
PRELIMINARY PLANNED UNIT DEVELOPMENT GRANTED BY
ORDINANCE Z-19-05 FOR THE PROPERTY COMMONLY KNOWN AS
254 LAUREL AVENUE, DES PLAINES (Case #05-31-PUD-A).
Motion declared carried as approved unanimously under
Consent Agenda.
Presented for consideration (no action required) were
the following appointment/reappointments:
Appointments:
LIBRARY BOARD
Richard Pope
Vincent Rangel
Reappointments:
ARCHITECTURAL REVIEW
Melissa R. Raushert
PLAN COMMISSION
Robert Niemotka
ZONING BOARD OF APPEALS
Paul Saletnik
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 Robinson, to recommend to
the City Council approval of the September 19, 2011 -
Warrant Register, in the total amount of
$3,017,465.21; and further recommend that Resolution
R-131-11 be adopted at appropriate time this evening.
Motion declared carried.
TEXT
AMENDMENT/
ELECTRONIC
MESSAGE
BOARDS:
TEXT
AMENDMENT/
SHOOTING RANGE
& FIREARM
SALES:
9/19/11
PAGE SIX
COMMUNITY DEVELOPMENT -Alderman Haugeberg, Chair
Senior Planner Mangum reviewed his memo of August 30,
2011, regarding a Text Amendment amending Section
11.6.B -Electronic Message Board signage regulations
and amending Section 11.7 -Sign Variations.
Mr. Lloyd Carlstrom, 2109 Webster Lane, addressed the
Committee of the Whole stating that any new signs
should be turned to that the lights don't project
into houses or on streets.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that he hopes with the
new amendment there won't be areas that are saturated
with lighted signs.
Moved by Robinson, seconded by Sayad, to concur with
recommendation of Des Plaines Zoning Board of Appeals
and Staff and recommend to the City Council, re
Zoning Case 11-039-TA, to approve request for a Text
Amendment amending Section 11.6.B regarding
Electronic Message Board signage regulations and
amending Section 11.7 regarding Sign Variations; and
further recommend that Ordinance Z-27-11 be placed on
First Reading. Motion declared carried.
Senior Planner
2011, regarding
-Manufacturing
Definitions,
Sales uses.
Mangum reviewed his memo of August 30,
a Text Amendment amending Table 7.4.1
Districts Use Matrix and Section 13.3
regarding Shooting Range and Firearm
Moved by Walsten, seconded by Robinson, to concur
with recommendation of Des Plaines Zoning Board of
Appeals and Staff and recommend to the City Council,
re Zoning Case 11-036-TA, to approve request for a
Text Amendment amending Table 7. 4. 1 -Manufacturing
Districts Use Matrix and Section 13.3 -Definitions,
regarding Shooting Range and Firearm Sales uses; and
further recommend that Ordinance Z-28-11 be placed on
First Reading. Motion declared carried.
CONDITIONAL
USE/1631
OAKTON:
ORDINANCE
M-38-11/
FIRE TRAINING
OFFICER
POSITION:
ORDINANCE
Z-26-11/
COND. USE/
1249 ELMHURST:
9/19/11
PAGE SEVEN
Senior Planner Mangum reviewed his memo of August 30,
2011, regarding a Conditional Use under Section 7.3-
6-C of the Zoning Code for the expansion of a Child
Care Center, with conditions, in the C-3 Zoning
District at 1631 Oakton Street.
Moved by Walsten, seconded by Robinson, to concur
with recommendation of Des Plaines Zoning Board of
Appeals and Staff and recommend to the City Council,
re Zoning Case 11-037-CU, to approve request for a
Conditional Use under Section 7. 3-6-C of the Zoning
Code for the expansion of a Child Care Center, with
conditions, in the C-3 Zoning District at 1631 Oakton
Street; and further recommend that Ordinance Z-29-11
be placed on First Reading. Motion declared carried.
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
Moved by Brookman, seconded by Charewicz, to adopt
Ordinance M-3 8-11, AN ORDINANCE CREATING THE EXEMPT
POSITION OF FIRE DEPARTMENT TRAINING DIVISION
CHIEF/SAFETY OFFICER. Upon roll call, the vote was:
AYES: 5-Haugeberg, Bogusz, Brookman,
Walsten, Charewicz
NAYS: 3-Robinson, Sayad, Wilson
ABSENT: 0-None
Motion declared carried.
Moved by Charewicz, seconded by Haugeberg, to adopt
Ordinance Z-2 6-11, AN ORDINANCE GRANTING A
CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A
PLACE OF WORSHIP AT 1249 ELMHURST ROAD, DES PLAINES,
ILLINOIS. (CASE #11-029-CU). Upon roll call, the
vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Sayad,
Walsten, Wilson, Charewicz
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
WARRANT
REGISTER:
Resolution
R-131-11
ORDINANCE
Z-27-11/
ELECTRONIC
MESSAGE
BOARDS:
ORDINANCE
Z-28-11/
SHOOTING RANGE
& FIREARM
SALES:
9/19/11
PAGE EIGHT
Moved by Bogusz, seconded by Robinson, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-131-11, 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: $3,017,465.21. 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.
Moved by Haugeberg, seconded by Robinson, to concur
with recommendation of Committee of the Whole, re
Zoning Case 11-039-TA, to approve request for a Text
Amendment amending Section 11.6.B regarding
Electronic Message Board signage regulations and
amending Section 11.7 regarding Sign Variations; and
further recommend to place on First Reading Ordinance
Z-27-11. Motion declared carried.
Moved by Haugeberg, seconded by Sayad, to adopt
Ordinance Z-27-11, AN ORDINANCE AMENDING ARTICLE
11.6-B., "COMMERCIAL, MANUFACTURING AND INSTITUTIONAL
DISTRICTS," AND ARTICLE 11. 7, "VARIATIONS," OF THE
CITY OF DES PLAINES ZONING CODE. Upon roll call, the
vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Walsten, Charewicz
NAYS: 1-Wilson
ABSENT: 0-None
Motion declared carried.
Moved by Haugeberg, seconded by Robinson, to concur
with recommendation of Committee of the Whole, re
Zoning Case 11-036-TA, to approve request for a Text
Amendment amending Table 7. 4. 1 Manufacturing
Districts Use Matrix and Section 13.3 -Definitions,
regarding Shooting Range and Firearm Sales uses; and
further recommend to place on First Reading Ordinance
Z-28-11. Motion declared carried.
Moved by Haugeberg, seconded by Sayad, to adopt
Ordinance Z-28-11, AN ORDINANCE AUTHORIZING A TEXT
AMENDMENT TO TABLE 7.4.1, "MANUFACTURING DISTRICTS
USE MATRIX," AND TO ARTICLE 13. 3, "DEFINITIONS," OF
THE CITY OF DES PLAINES ZONING CODE. Upon roll call,
the vote was:
ORD Z-28-11
(Cont'd.)
ORDINANCE
Z-29-11/
1631 OAKTON:
ADJOURNMENT:
PAGE NINE
AYES: 6-Haugeberg, Robinson, Bogusz, Sayad,
Walsten, Charewicz
NAYS: 2-Brookman, Wilson
ABSENT: 0-None
Motion declared carried.
9/19/11
Moved by Haugeberg, seconded by Sayad, to concur with
recommendation of Committee of the Whole, re Zoning
Case 11-037-CU, to approve request for a Conditional
Use under Section 7.3-6-C of the Zoning Code for the
expansion of a Child Care Center, with conditions, in
C-3 Zoning District at 1631 Oakton Street; and
further recommend to place on First Reading Ordinance
Z-29-11. Motion declared carried.
Moved by Charewicz, seconded by Haugeberg, to adopt
Ordinance Z-29-11, AN ORDINANCE GRANTING A
CONDITIONAL USE PERMIT FOR THE EXPANSION OF A CHILD
CARE CENTER AT 1631 OAKTON PLACE, DES PLAINES,
ILLINOIS (CASE #11-037-CU) . Upon roll call, the vote
was:
AYES: 6-Haugeberg, Robinson, Bogusz, Sayad,
Walsten, Charewicz
NAYS: 2-Brookman, Wilson
ABSENT: 0-None
Motion declared carried.
Moved by Haugeberg, seconded Sayad, that the
regular meeting of the City adjourn. Motion
declared carried. Meeting Bjourn d at 8:50 p.m.
APPROVED BY ME THIS
DAY OF -~-~~---' 2011