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02/21/2012MINUTES 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, FEBRUARY 21, 2012 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: 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 Tuesday, February 21, 2012. ROLL CALL: Roll call indicated the following Aldermen present: Robinson, Sayad, Walsten, Wilson, and Charewicz. Alderman Brookman arrived at 6:01 p.m. Alderman Bogusz arrived at 6:11 p.m. Alderman Haugeberg arrived at 6:30 p.m. Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Acting Police Chief Kozak, Fire Chief Wax, Director of Public Works and Engineering Oakley, Director of Information Technology Duebner, Director of Community & Economic Development Bartholomew, and City Attorney Wiltse. EXECUTIVE Moved by Sayad, seconded by Robinson, to go into Executive Session to SESSION: discuss Collective Bargaining. Motion passed unanimously. There were no objections. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:03 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, and Charewicz. PRAYER AND The opening prayer was given by The Reverend Scott Ziegler of the Bridge PLEDGE: Community Church, followed by the Pledge of Allegiance. PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, 2012 DES PLAINES CIVIC CENTER TUESDAY, FEBRUARY 21.2012 APPROPRIATION: Mayor Moylan called the Public Hearing to order at 7:05 p.m. The Public Hearing was being held pursuant to legal notice (published in the local newspaper on Friday, February 10, 2012) to discuss the Proposed 2012 Appropriation Ordinance for the City of Des Plaines, Cook County, Illinois. DISCUSSION: Director of Finance Wisniewski reviewed her Memorandum of February 3, 2012 regarding the Public Hearing Notice of the 2012 Appropriation Ordinance. Mayor Moylan asked for comments from the aldermen and the public. There were no comments. This item has been placed on Consent Agenda. �Wl� Page 2 of 9 2/21/12 The Public Hearing was adjourned at 7:07 p.m. The City Council reconvened at 7:08 p.m. CONSENT Motion by Sayad, seconded by Haugeberg, to establish the Consent Agenda, AGENDA except for Items 1, la, 2, 2a, 3, 3a, 4, 4a, 9, 9a, 11, 11a, 13 and 14. Motion declared carried. Motion by Robinson, seconded by Walsten, to approve Consent Agenda, except for Items 1, la, 2, 2a, 3, 3a, 4, 4a, 9, 9a, 11, 11 a, 13 and 14. 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 -11 -12 was placed on First Reading; Resolutions R- 21 -12, R- 29 -12, R -30 -12 and R -33 -12 were adopted; Ordinance Z -4 -12 was placed on Second Reading and adopted. CHANGE CLASS Alderman Walsten requested that this item be removed from Consent Agenda. H2 TO B -1 LIQ. LIC./ Alderman Walsten believes that granting this change in class will hurt small 1858 EAST businesses. He will vote no. OAKTON ST.: City Attorney Wiltse answered questions from the Aldermen. Ordinance M -7 -12 Alderman Sayad will abstain from voting because he is a Walgreens stockholder. Moved by Haugeberg, seconded by Robinson, to approve a change of liquor license classification from Bulk Sale, Beer/Wine Only to Bulk Sale, Liquor Full Service, Not Primary Product for Bond Drug Company of Illinois, LLC d/b /a Walgreen #02212, 1858 East Oakton Street and to place on First Reading Ordinance M -7 -12, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO CHANGE THE CLASSIFICATION OF THE LIQUOR LICENSE FOR BOND DRUG COMPANY OF ILLINOIS, LLC, D /B /A WALGREENS #02212 LOCATED AT 1858 E. OAKTON STREET, DES PLAINES, ILLINOIS FROM A CLASS H -2 LIQUOR LICENSE TO A CLASS B -1 LIQUOR LICENSE. Motion declared carried. Alderman Walsten voted no. Alderman Sayad abstained from voting. CHANGE CLASS Alderman Walsten requested that this item be removed from Consent Agenda. H2 TO B -1 LIO. LIC./ Alderman Sayad will abstain from voting because he is a Walgreens 17 WEST GOLF stockholder. W Page 3 of 9 2/21/12 RD.: Ordinance Moved by Haugeberg, seconded by Robinson, to approve a change of liquor M -8 -12 license classification from Bulk Sale, Beer/Wine Only to Bulk Sale, Liquor Full Service, Not Primary Product for Bond Drug Company of Illinois, LLC d/b /a Walgreen #05711, 17 West Golf Road and to place on First Reading Ordinance M -8 -12, AN ORDINANCE AMENDING TITLE 4, `BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO CHANGE THE CLASSIFICATION OF THE LIQUOR LICENSE FOR WALGREEN CO., D /B /A WALGREENS #05711 LOCATED AT 17 W. GOLF ROAD, DES PLAINES, ILLINOIS FROM A CLASS H -2 LIQUOR LICENSE TO A CLASS B -1 LIQUOR LICENSE. Motion declared carried. Alderman Walsten voted no. Alderman Sayad abstained from voting. CHANGE CLASS Alderman Walsten requested that this item be removed from Consent Agenda. H2 TO B -1 LIO. LIC./ Alderman Sayad will abstain from voting because he is a Walgreens 17 WEST GOLF stockholder. RD. Moved by Robinson, seconded by Haugeberg, to approve a change of liquor Ordinance license classification from Bulk Sale, Beer/Wine Only to Bulk Sale, Liquor Full M -9 -12 Service, Not Primary Product for Bond Drug Company of Illinois, LLC d/b /a Walgreen #06601, 21 Rand Road and to place on First Reading Ordinance M -9- 12, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO CHANGE THE CLASSIFICATION OF THE LIQUOR LICENSE FOR WALGREEN CO., D /B /A WALGREENS #06601 LOCATED AT 21 RAND ROAD, DES PLAINES, ILLINOIS FROM A CLASS H. Motion declared carried. Alderman Walsten voted no. Alderman Sayad abstained from voting. CHANGE CLASS Alderman Walsten requested that this item be removed from Consent Agenda. H2 TO B -1 LIO. LIC./ Alderman Sayad will abstain from voting because he is a Walgreens 17 WEST GOLF stockholder. RD. Moved by Robinson, seconded by Haugeberg, to approve a change of liquor Ordinance license classification from Bulk Sale, Beer/Wine Only to Bulk Sale, Liquor Full M -10 -12 Service, Not Primary Product for Bond Drug Company of Illinois, LLC d/b /a Walgreen #06866, 1378 Miner Street and to place on First Reading Ordinance M- 10 -12, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO CHANGE THE CLASSIFICATION OF THE LIQUOR LICENSE FOR WALGREEN CO., D /B /A WALGREENS #06866 LOCATED AT 1378 MINER STREET, DES PLAINES, ILLINOIS FROM A CLASS H -2 LIQUOR LICENSE TO A CLASS B -1 LIQUOR LICENSE. Motion declared carried. Alderman Walsten voted no. Alderman Sayad abstained from voting. 1 Page 4 of 9 2/21/12 2011 Moved by Robinson, seconded by Walsten, to concur with Staff APPROPRIATION: recommendation; and further recommend to place on First Reading Ordinance Consent M- 11 -12, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE Agenda EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR MUNICIPAL PURPOSES DESIGNATED AS THE "ANNUAL Ordinance APPROPRIATION ORDINANCE" FOR THE FISCAL YEAR BEGINNING M -11 -12 JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda FIRE Moved by Robinson, seconded by Walsten, to concur with Staff DEPT./NIPSTA recommendation to authorize payment of the 2012 membership renewal for the MEMBERSHIP Northeastern Illinois Public Safety Training Academy (NIPSTA), 2300 Patriot RENEWAL: Boulevard, Glenview, Illinois 60026 in the amount of $21,297 (a 3.1% decrease Consent from 2011 membership costs); and further recommend to adopt Resolution R- Agenda 21 -12, A RESOLUTION AUTHORIZING THE DES PLAINES FIRE DEPARTMENT'S CONTINUED MEMBERSHIP AND PARTICIPATION IN Resolution THE NORTHEASTERN ILLINOIS PUBLIC SAFETY TRAINING R -21 -12 ACADEMY (NIPSTA). Motion declared carried as approved unanimously under Consent Agenda. IEMA CITIZEN Moved by Robinson, seconded by Walsten, to concur with Staff CORPS GRANT: recommendation to enter into a grant agreement with the Illinois Emergency Consent Management Agency (IEMA), 2200 South Dirksen Parkway, Springfield, Agenda Illinois 62703 which will allow the City of Des Plaines to receive $5,000.00 for the period from January 1, 2012 to December 31, 2012 to help support our Resolution Citizen Corps program; and further recommend to adopt Resolution R- 29 -12, A R -29 -12 RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE ILLINOIS EMERGENCY MANAGEMENT AGENCY IN THE AMOUNT OF $5,000.00. Motion declared carried as approved unanimously under Consent Agenda. MWRD PERMIT/ Moved by Robinson, seconded by Walsten, to concur with Staff GATEWAY SIGN/ recommendation to authorize execution of a Metropolitan Water Reclamation ELMHURST RD. District (MWRD) Permit for a Gateway Entrance sign on MWRD Property at AND OAKTON the Southeast Corner of Elmhurst Road and Oakton Street at a cost of $10.00 ST.: for a 5 -year period until March 1, 2017; and further recommend to adopt Consent Resolution R- 30 -12, A RESOLUTION AUTHORIZING THE EXECUTION Agenda OF A PERMIT BETWEEN THE CITY OF DES PLAINES AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER Resolution CHICAGO (MWRD) TO ALLOW THE "WELCOME TO THE CITY OF DES R -30 -12 PLAINES" SIGN AT THE SOUTHEAST CORNER OF OAKTON STREET AND ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. HOME Alderman Wilson requested that this Item be removed from Consent Agenda. GENERATOR ASSISTANCE Alderman Wilson will vote no. PROGRAM: Moved by Sayad, seconded by Robinson, to allocate an additional $52,000.00, J� Page 5 of 9 2/21/12 Resolution for a total of $102,000.00 to the Home Generator Assistance Program to satisfy R -31 -12 all remaining applicants in the Program which ended January 31, 2012; and adopt Resolution R- 31 -12, A RESOLUTION AUTHORIZING THE ALLOCATION OF ADDITIONAL FUNDS IN THE 2012 BUDGET FOR THE HOME GENERATOR REIMBURSEMENT PROGRAM FOR THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 5- Robinson, Bogusz, Sayad, Brookman, Charewicz NAYS: 3- Haugeberg, Walsten, Wilson ABSENT: 0 -None Motion declared carried. ACCEPT PUBLIC Moved by Robinson, seconded by Walsten, to concur with Staff IMPROVEMENTS recommendation to authorize the release of the Letter of Credit (No. 1320) in /RELEASE the amount of $30,078.00 to Kania Construction which submitted the 10- SURETY BOND/ percent (10 %) cash warranty in the amount of $3,008.00. The cash warranty KANIA SUB./ 1538 will be held for the standard 18 months, and then released, provided all the OXFORD LN.: public improvements remain in good working condition; and further Consent recommend to adopt Resolution R- 33 -12, A RESOLUTION ACCEPTING Agenda THE PUBLIC IMPROVEMENTS FOR VITO KANIA SUBDIVISION LOCATED AT 1538 OXFORD ROAD, DES PLAINES, ILLINOIS. Motion Resolution declared carried as approved unanimously under Consent Agenda. R -33 -12 INTERGOV. Alderman Sayad requested that this Item be removed from Consent Agenda. AGR./DEBT RECOVERY Director of Finance Wisniewski explained the local debt recovery program and PROGRAM: answered questions from the Aldermen. Resolution Acting City Manager Slowinski answered questions from Alderman Wilson. R -35 -12 Moved by Sayad, seconded by Robinson, to authorize the Acting City Manager to enter into an intergovernmental agreement for the Debt Recovery Program with the Illinois Comptroller's office and adopt Resolution R- 35 -12, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS COMPTROLLER AND THE CITY OF DES PLAINES FOR PARTICIPATION IN THE LOCAL DEBT RECOVERY PROGRAM. 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. ADVERTISE BID/ Moved by Robinson, seconded by Walsten, to concur with Staff EXT. SEALANT recommendation to authorize the City Clerk to advertise for bid the Exterior REHAB./ Sealant Rehabilitation Program — City Hall project with a bid opening of March CITY HALL: 29, 2012 at 10:00 a.m. Funding for this project would be from the Capital Page 6 of 9 2/21/12 Consent Projects Fund in the amount of $160,000.00. Motion declared carried as Agenda approved unanimously under Consent Agenda. ORDINANCE Alderman Haugeberg requested that this Item be removed from Consent M -2 -12 Agenda. NEW CLASS A L10. LIC./ The Applicant, Mr. Dhitu Bhagwakar, answered questions from the Aldermen 1476 MINER ST.: regarding his application for liquor license. City Attorney Wiltse answered questions from the Aldermen. Moved by Brookman, seconded by Wilson, for a substitute motion send this matter back to the Legal & Licensing Committee to have an ordinance drafted for a theater liquor license. Aldermen Haugeberg, Robinson, Brookman and Wilson voted Aye. Aldermen Bogusz, Sayad, Walsten and Charewicz voted Nay. Motion declared FAILED Moved by Walsten, seconded by Sayad, to adopt Ordinance M -2 -12, 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 DES PLAINES THEATERS, INC. D /B /A DES PLAINES THEATRE LOCATED AT 1476 MINER STREET, DES PLAINES, ILLINOIS. 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. AMEND CITY Alderman Walsten requested that this Item be removed from Consent Agenda. CODE/TITLE 7/ CH.11/VEHICLE Alderman Walsten requested a clarification of this amendment. CODE/NO VALID DRIVER'S LIC.: Acting Police Chief Kozak answered questions from Alderman Walsten. Ordinance City Attorney Wiltse answered questions from Alderman Walsten regarding M -6 -12 Home Rule. Moved by Walsten, seconded by Robinson, to keep this section at six (6) months and not change it to twelve (12) months. Motion withdrawn by Alderman Walsten and Alderman Robinson. City Attorney Wiltse requested time to review whether concurrent jurisdiction or exclusive jurisdiction applies to this change since this did not come forward from Staff. Moved by Sayad, seconded by Brookman, to TABLE Ordinance M -6 -12, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND W Page 7 of 9 2/21/12 M -6 -12 TRAFFIC," CHAPTER 11, "VEHICLE SEIZURE AND IMPOUNDMENT (Cont'd) FOR VIOLATIONS," SECTION 1, "ELIGIBILITY FOR SEIZURE AND IMPOUNDMENT," OF THE DES PLAINES CITY CODE to the next regular Council meeting of March 5, 2012. Motion declared carried. ORDINANCE Moved by Robinson, seconded by Walsten, to adopt Ordinance Z -4 -12, AN Z-4 -12 ORDINANCE APPROVING A MAJOR VARIATION UNDER SECTION VARIATION/ 7.4 -5 D. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO 100 EAST REPLACE A 47 -FOOT LEGAL NONCONFORMING SILO WITH A SILO OAKTON ST.: THAT IS 54 FEET IN HEIGHT AT 100 E. OAKTON STREET, DES Consent PLAINES, ILLINOIS. (CASE #11- 069 -V). Motion declared carried as Agenda 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 Moved by Sayad, seconded by Haugeberg to recommend to the City Council REGISTER: approval of the February 21, 2012 — Warrant Register, in the total amount of $2,570,094.06; and further recommend that Resolution R -32 -12 be adopted at appropriate time this evening. Motion declared carried. Alderman Sayad requested that Director of Finance Wisniewski develop an amnesty program for those residents who do not have city stickers. COMMUNITY DEVELOPMENT — Alderman Haugeberg, Chair VARIANCES/ Senior Planner Mangum reviewed his Memorandum of February 1, 2012, 2279 WESTVIEW regarding Petitioner Sakib Spahic's requests for variations to Section 8.1 -3 DR.: 1998 City of Des Plaines Zoning Ordinance, as amended; to legalize the construction of a 183 square foot shed, instead of a maximum of 150 square feet, and to allow three accessory structures, instead of a maximum of two, and answered questions from the Aldermen. Moved by Walsten, seconded by Robinson, to TABLE Petitioner Sakib Spahic's three variation requests for 2279 Westview Drive (Case #11- 071 -V) indefinitely pending further information from Staff. Motion declared carried. COND. USE/ Senior Planner Mangum reviewed his Memorandum of February 1, 2012, 1666 RAND RD.: regarding a request for a Conditional Use Permit under Section 7.3 -4 -C of the 1998 City of Des Plaines Zoning Ordinance, as amended, to establish a Child Care Center in the C -1 Zoning District, Case #11- 076 -CU, and answered questions from the Aldermen. The Petitioner must meet the following conditions: 1. Prior to issuance of the Conditional Use Permit, a revised Site Plan with full pavement marking shall be submitted that shifts the double- Page 8 of 9 2/21/12 1666 RAND RD.: loaded parking aisle 4' to the west, widens the driveway entrance on (Cont'd) Elk Boulevard to 22', and extends the sidewalk on Grove Avenue to the north property line to the satisfaction of the Directors of Community and Economic Development and Public Works and Engineering. 2. Prior to occupancy, the applicant shall restripe the parking lot per the revised Site Plan, widen the entrance on Elk Boulevard to 22', install a right turn only sign for inbound traffic at the entrance on Elk Boulevard, and extend the sidewalk on Grove Avenue to the north property line. 3. The outdoor play area shall be fenced and be limited to not more than one child per 75 square feet of outdoor play area at any one time. 4. The outdoor play area shall not be in use prior to 9:00 a.m. Mr. Lee Thill, 389 Elk Boulevard, addressed the Committee of the Whole stating there is parking on both sides of their street and traffic will be backed up immediately on Elk Boulevard, Grove Avenue and Rand Road. Mrs. Lee Thill, 389 Elk Boulevard, addressed the Committee of the Whole stating her concerns for the safety of the children and crossing guards and traffic will be very hard to control. Attorney Scott Hardek of Dykema Gossett PLLC, 4200 Commerce Court, Suite 300, Lisle, Illinois, representing the Petitioner Laurie Gashkoff, addressed the Committee of the Whole and answered questions from the Aldermen. Petitioner Laurie Gashkoff addressed the Committee of the Whole and answered questions from the Aldermen. Mr. John Fiorio, 349 North Elk Boulevard, addressed the Committee of the Whole stating that this childcare center is located in a less than ideal location; he had concerns regarding the increased traffic and safety of the children. Moved by Walsten, seconded by Sayad, to recommend to the City Council approval to place on First Reading Ordinance Z -7 -12 at appropriate time this evening. Motion declared carried. Alderman Haugeberg voted no. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. WARRANT Moved by Bogusz, seconded by Haugeberg, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R- 32 -12, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE Page 9 of 9 2/21/12 Resolution FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE R -32 -12 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME, AS AMENDED. Total: $2,570,094.06. 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. VARIANCES/ Moved by Haugeberg, seconded by Sayad, to concur with recommendation of 2279 WESTVIEW Committee of the Whole to TABLE Petitioner Sakib Spahic's three variation DR.: requests for 2279 Westview Drive (Case #11-071-V) indefinitely pending further information from Staff. Motion declared carried. COND. USE/ Moved by Walsten, seconded by Sayad, to concur with recommendation of 1666 RAND RD.: Committee of the Whole to place on First Reading Ordinance Z -7 -12, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN Ordinance ACCORDANCE WITH SECTION 7.3 -4 C. OF THE DES PLAINES ZONING Z-7 -12 ORDINANCE TO ESTABLISH A CHILD CARE CENTER AT 1666 RAND ROAD, DES PLAINES, ILLINOIS. (CASE #11- 076 -CU). Motion declared carried. Alderman Haugeberg voted no. ADJOURNMENT: Moved by Sayad, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:45 p.m. Gloria Y Ludwig — Cl* CLERK APPROVED BY ME THIS c � o? 4 10 ' j MAY OR