10-03-2011CALL 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, OCTOBER 3, 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 6:45 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday,
October 3, 2011.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Bogusz, Sayad, Wilson and Charewicz. Alderman Brookman arrived at 6:50
p.m. Alderman W alsten 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 oflnformation
Technology Duebner and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
EXECUTIVE
SESSION
MINUTES/
BIANNUAL
REVIEW:
Moved by Robinson, seconded by Sayad, to go into Executive Session to
review Executive Session Minutes. Motion passed unanimously without
objection.
The City Council recessed at 6:46 p.m.
The City Council reconvened at 7:00 p.m.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Bogusz, Sayad, Brookman, Wilson and Charewicz.
The opening prayer was given by The Reverend Gary Houdek of the Golf Road
Baptist Church, followed by the Pledge of Allegiance to the Flag.
Moved by Robinson, seconded by Sayad, to concur with consensus in
Executive Session that the following Executive Session minutes, or portions
thereof, no longer require confidential treatment and are available for public
inspection as recommended by City Attorney Wiltse in his memo of September
22, 2011:
March 16, 1992
February 5, 2001
February 4, 2002
May 5, 2003
June 2, 2003
-ACQUISITION OF REAL PROPERTY
Rio Rand
-ACQUISITION OF REAL PROPERTY
TIF #1
-PROBABLE -IMMINENT LITIGATION
170 North East River Road
-PERSONNEL-NON-UNION EMPLOYEE
General Wage Increase
-PROBABLE-IMMINENT LITIGATION
O'Hare Expansion
EXECUTIVE
SESSION
MINUTES/
BIANNUAL
REVIEW:
(Cont'd)
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
August 18, 2003
May 2, 2005
May 16, 2005
June 6, 2005
July 18, 2005
August 15, 2005
September 19, 2005
February 6, 2006
May 15, 2006
September 5, 2006
March 5, 2007
August 5, 2007
November 19, 2007
February 2, 2009
Motion declared carried.
Page 2 of 7 10/3/11
-SETTING THE PRICE FOR SALE OR
LEASE OF PROPERTY
841 Graceland
-ACQUISITION OF PROPERTY
1439 Lee Street
-ACQUISITION OF PROPERTY
640 Pearson Street
-PROBABLE -IMMINENT LITIGATION
2005 CIP Contract D
-SETTING THE PRICE FOR SALE OR
LEASE OF PROPERTY FOR STREETS
TO BE VACATED FOR O'HARE
EXPANSION
-ACQUISITION OF PROPERTY
520 River Road (Land Swap)
-ACQUISITION OF PROPERTY
Ellinwood and Pearson Streets
-SETTING THE PRICE FOR SALE OR
LEASE OF PROPERTY
Alley to be vacated at Essex Court
-ACQUISITION OF PROPERTY
1486 Miner Street
-EXECUTIVE SESSION MINUTES
Biannual Review
Moved by Robinson, seconded by Brookman, to concur with consensus in
Executive Session that after a review, that a need for confidentiality still exists
as to all or part of the remaining Executive Session minutes, the rest continue to
remain unreleased. Motion declared carried.
Motion by Bogusz, seconded by Sayad, to establish the Consent Agenda.
Motion declared carried.
Motion by Sayad, seconded by Robinson, to approve Consent Agenda. Upon
roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Wilson, Charewicz
NAYS: 0-None
ABSENT: 1-W alsten
Motion declared carried.
Minutes were approved; Staff recommendations and requests were approved;
Ordinance M-41-11 was placed on First Reading; Ordinance M-40-11 was
adopted; Resolutions R-130-11 and R-134-11 were adopted.
Moved by Sayad, seconded by Robinson, to approve minutes of the Regular
Meeting of the City Council held September 19, 2011, as published. Motion
declared carried as approved unanimously under Consent Agenda. ~~~
MINUTES:
Consent
Agenda
(Cont'd)
NEW CLASS A
LIQ. LIC./
643-647 NORTH
WOLF RD.:
Consent
Agenda
Ordinance
M-41-11
ORDINANCE
M-41-11
NEW CLASS A
LIQ. LIC./
643-647 NORTH
WOLF RD.:
FLOOD DEBRIS
REMOVAL
SERVICES:
Consent
Agenda
Resolution
R-130-11
REQUEST FOR
WATER SVC.
Page 3 of 7 10/3/11
Moved by Sayad, seconded by Robinson, to approve minutes of the Executive
Session of the City Council held September 19, 2011. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Robinson, to approve minutes of the Regular
Meeting of the City Council held September 6, 2011, as published. 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 September 6, 2011. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Robinson, to concur with Staff recommendation
to place on First Reading Ordinance M-41-11, AN ORDINANCE AMENDING
TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING
LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES
PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR
JESUS ROSALES FAMILY CORPORATION D/B/A CASA AZTECA
LOCATED AT 643-647 NORTH WOLF ROAD, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Robinson, seconded by Sayad, to advance to Second Reading and
adopt Ordinance M-41-11, AN ORDINANCE AMENDING TITLE 4,
"BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS,"
SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES
CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR JESUS
ROSALES FAMILY CORPORATION DIBIA CASA AZTECA LOCATED
AT 643-647 NORTH WOLF ROAD, DES PLAINES, ILLINOIS.
Upon roll call, the vote was:
A YES: 2-Robinson, Sayad,
NAYS: 5-Haugeberg, Bogusz, Brookman, Wilson, Charewicz
ABSENT: 1-Walsten
Motion declared FAILED.
Moved by Sayad, seconded by Robinson, to concur with Staff recommendation
to approve additional emergency services provided by Republic Services (Arc
Disposal), 2101 South Busse Road, Mount Prospect, Illinois 60056, for the
removal of flood debris in the amount of $95,316.00 (2011 General Fund); and
further recommend to adopt Resolution R-130-11, A RESOLUTION
AUTHORIZING AN ADDITIONAL PAYMENT TO REPUBLIC SERVICES
(ARC DISPOSAL) FOR REFUSE COLLECTION SERVICES FOR FLOOD
DEBRIS REMOVAL THROUGHOUT DES PLAINES. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Robinson, to concur with Staff recommendation
to approve the request for water service connection at 202 Graylynn Drive, ~~i-
CONNECTION/
202 GRA YL YNN
DR., MT.
PROSPECT:
Consent
Agenda
Resolution
R-134-11
ADVERTISE
BID/
MAINT. OF
ELEVATORS:
Consent
Agenda
APPOINTMENTS/
REAPP'TS:
Consent
Agenda
ORDINANCE
M-40-11/
CLASS NLIQ.
LICENSE/
HOUSEKEEPING
LANGUAGE
CLARIFIED:
Consent
Agenda
Page 4 of 7 10/3/11
Mount Prospect, Illinois (unincorporated Wheeling Township); and further
recommend to adopt Resolution R-134-11, A RESOLUTION AUTHORIZING
A WATER SERVICE CONNECTION TO THE CITY'S WATER MAIN
ALONG GREGORY STREET AT 202 GRAYLYNN DRIVE, MOUNT
PROSPECT, ILLINOIS. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Robinson, to concur with Staff recommendation
to authorize the City Clerk to advertise for bid the Elevator Maintenance
Contract for elevators located at City Hall, Police Department, Metropolitan
Square parking garage and the Library parking garage with a return date of
Tuesday, October 18, 2011 at 3 :00 p.m. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Robinson, to approve the following
appointments/reappointments:
Appointments:
LIBRARY BOARD
Richard Pope
Vincent Rangel
Reappointments:
ARCHITECTURAL REVIEW
Melissa Rauschert
PLAN COMMISSION
Robert Niemotka
ZONING BOARD OF APPEALS
Paul Saletnik
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Robinson, to adopt Ordinance M-40-11, AN
ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS,"
CHAPTER 4, "INTOXICATING LIQUORS," 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 Bogusz, Chair
WARRANT
REGISTER:
VARIANCE/
1225 SOUTH
THIRD AVE.:
HOME
GENERATOR
ASSISTANCE
PROGRAM:
HOME
GENERATOR
Page 5 of 7 10/3/11
Moved by Sayad, seconded by Haugeberg, to recommend to the City Council
approval of the October 3, 2011 -Warrant Register, in the total amount of
$2,394,283.18; and further recommend that Resolution R-132-11 be adopted at
appropriate time this evening. Motion declared carried.
COMMUNITY DEVELOPMENT -Alderman Haugeberg, Chair
Senior Planner Mangum reviewed his Memorandum of September 14, 2011
regarding a request for a variation (Case 11-042-V) to Section 8.1-1-C of the
1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the
construction of an accessory structure (garage) that is taller than the primary
structure (house), where an accessory structure should be subordinate in height
to the primary structure in the R-1 zoning district. Staff recommends denial.
At its September 13, 2011 meeting, the Zoning Board of Appeals approved (4-
2) a requested 3'6" side-yard setback request and recommended (4-2) that the
City Council approves the variation for an accessory structure that is taller than
the primary structure in the R-1 zoning district.
Under Section 3.6-7 of the Zoning Ordinance (Major Variations), the City
Council has the authority to approve, approve subject to conditions, or deny the
above-mentioned variance for an accessory structure that is taller than the
primary structure in the R-1 zoning district.
Alderman Wilson stated he agrees with the two members of the Zoning Board
of Appeals who voted against the variation; he will vote no.
Mr. Teddy Westfall, 1238 South Third, addressed the Committee of the Whole
stating that he is in support of the request.
Mr. Don Gervens, 1233 South Third, addressed the Committee of the Whole
stating he agrees with the request and that this is a hardship case.
Mr. Ted Powal, Petitioner, addressed the Committee of the Whole answering
questions from the Aldermen regarding storage of items on his property.
Moved by Sayad, seconded by Bogusz, to recommend to the City Council
approval of the request for a variation (Case 11-042-V) for 1225 South Third
A venue at appropriate time this evening. Motion declared carried. Alderman
Wilson voted no.
ENGINEERING -Alderman Sayad, Chair
Acting City Manager Slowinski reviewed his memorandum of September 23,
2011 which recommended an additional $50,000 be allocated to t-he Home
Generator Assistance Program in Fiscal Year 2011 and, of that amount, $30,000
be reserved for new applications and $20,000 be reserved for retroactive
applications. Staff also recommends that any additional funding beyond the
recommended amount of $50,000 be discussed during the 2012 Budget and J~i--
ASSISTANCE
PROGRAM:
(Cont'd)
WARRANT
REGISTER:
Resolution
R-132-11
VARIANCE/
1225 SOUTH
THIRD AVE.:
ADDITIONAL
FUNDS/
HOME
Page 6 of 7 10/3/11
included for funding in Fiscal Year 2012. Acting City Manager Slowinski
answered questions from the Aldermen.
Alderman Wilson stated that the purchase of a generator by a resident is a
private purchase and he will vote no.
Alderman Brookman stated that he 1s m favor of expanding the Home
Generator Assistance Program.
Moved by Sayad, seconded by Brookman, to recommend to the City Council
approval of an additional $50,000 for the Home Generator Reimbursement
Program to help subsidize the purchase of generators by residents. Motion
declared carried. Alderman Wilson voted no.
Moved by Brookman, seconded by Robinson, to amend the Home Generator
Reimbursement Program by adding the requirement of a serial number of the
generator on the application for reimbursement from this day going forward.
Motion declared carried.
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
Moved by Bogusz, seconded by Sayad, to concur with recommendation of
Committee of the Whole to adopt Resolution R-132-11, 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: $2,394,283.18.
Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Sayad
Brookman, Charewicz
NAYS: 0-None
ABSENT: 1-Walsten
Motion declared carried.
Moved by Haugeberg, seconded by Robinson, to concur with recommendation
of Committee of the Whole to approve the request for a variation (Case 11-042-
V) for 1225 South Third Avenue. Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Charewicz
NAYS: I-Wilson
ABSENT: 1-Walsten
Motion declared carried.
Moved by Haugeberg, seconded by Robinson, to concur with recommendation
of Committee of the Whole to adopt Resolution R-135-11, A RESOLUTION
AUTHORIZING ADDITIONAL FUNDS FOR THE HOME GENERATOR
J~j_
GENERATOR
ASSISTANCE
PROGRAM:
Resolution
R-135-11
SINGLE BID/
2011 CRACK
SEALING:
Page 7 of 7 10/3/11
REIMBURSEMENT PROGRAM FOR THE CITY OF DES PLAINES. Upon
roll call, the vote was:
AYES: 5-Robinson, Bogusz, Sayad
Brookman, Charewicz
NAYS: 2-Haugeberg, Wilson
ABSENT: 1-W alsten
Motion declared carried.
Moved by Sayad, seconded by Robinson, to amend the Home Generator
Reimbursement Program by adding the requirement of a serial number of the
generator on the application for reimbursement from this day going forward.
Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Sayad
Brookman, Wilson, Charewicz
NAYS: 0-None
ABSENT: 1-Walsten
Motion declared carried.
City Clerk Ludwig was directed to open single bid received on September 21,
2011 for 2011 Crack Sealing.
City Clerk Ludwig announced that a single bid was received from Denier, Inc.,
19148 South 104th Avenue, Mokena, IL 60448 in the amount of $30,580.00.
It was the consensus of the Aldermen to refer the bid to Staff for review and
report. There were no objections.
ADJOURNMENT: Moved by Haugeberg, seconded by Robinson, that the regular meeting of the
City Council adjourn. Motion declared carried. Meeting adjourned at 8:05
p.m.
APPROVED BY ME THIS
DAYOF @~
~OR
17 ti?
'2011