01/17/2012MINUTES 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, JANUARY 17, 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 6:30 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday,
January 17, 2012.
ROLL CALL: 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, Deputy 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 Haugeberg, seconded by Sayad, to go into Executive Session to
SESSION: discuss Probable and Imminent Litigation and Setting the Price for Sale or
Lease of Property. Motion passed unanimously. There were no objections.
The City Council recessed at 6:31 p.m.
The City Council reconvened at 7:05 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 Valentin Popovici, Romanian
PLEDGE: Baptist Church, followed by the Pledge of Allegiance.
PRESENTATIONS: Fire Chief Wax introduced Mr. Brian Hruby and Des Plaines Police Officer
Chris Harrison who saved Mr. Hruby's life when he was reported as not
breathing with no pulse in his home. Officer Harrison was recognized for
excellent work in saving Mr. Hruby's life. Other members of the Fire
Department were recognized for their part in this lifesaving event: Captain
Scott Peirson, Engineer Mike Donovan, and Firefighter/Paramedic Lukasz
Szerlag of Paramedic Engine 63, Firefighter/Paramedics Dave Bedrich and
Kevin Jones.
Acting Police Chief Kozak presented a Departmental Commendation to Sgt.
Mike Holdman, Officer Ben Ruzicka, Officer Brian Hart and Officer Tom
Boniak of the Des Plaines Police Department. This award is presented to
officers who perform an outstanding police act with diligence, perseverance, or
exceptional ability that notably contributes to enhancing the image of the
department. Acting Police Chief Kozak also recognized the 911 dispatchers
who were involved and handle calls on a daily basis. 44
Page 2 of 9 1/17/12
PRESENTATIONS: Fire Chief Wax presented a Life - Saving Award to Firefighter/Paramedic Ed
Rogers for performing CPR and saving the life of Tim Stratton who had
collapsed at Woodfield Mall in Schaumburg on the day after Thanksgiving.
CITIZEN Miss Jaime Hecker, 984 Walter Avenue, on behalf of Maine Community Youth
PART.: Assistance Foundation ( MCYAF) addressed the City Council explaining the
purpose of MCYAF and its successful campaigns against youth substance abuse
in Maine Township (in Council file). Maine West High School Seniors Jessica
Mueller, Wiktor Ezlakowski and Ravi Shah addressed the City Council
explaining why they become involved in MCYAF and thanked the City of Des
Plaines for supporting their work.
Mr. Jeffrey Rozovics, President of the Des Plaines Chamber of Commerce and
Industry and Des Plaines Library Board member addressed the City Council
announcing upcoming events sponsored by the Chamber of Commerce:
Thursday, January 19, Mayor's Address to Businesses; Friday, February 3,
Winter Garden Ball; and After Hours events on the 2 nd Tuesday of each month.
EXECUTIVE Moved by Sayad, seconded by Bogusz, to direct the Acting City Manager to
SESSION proceed as directed in Executive Session with final action, if any, taken in open
ACTION: session at a later City Council meeting. Motion declared carried.
CONSENT City Clerk Ludwig requested that Item 1 be removed from the Consent Agenda;
AGENDA Mayor Moylan requested that Items 2 and 2a be removed from the Consent
Agenda; and Alderman Walsten requested that Items 10 and 10a be removed
from the Consent Agenda.
Motion by Brookman, seconded by Robinson, to establish the Consent Agenda,
except for Items 1, 2, 2a, 10 and 10a. Motion declared carried.
Motion by Haugeberg, seconded by Robinson, to approve Consent Agenda,
except for Items 1, 2, 2a, 10 and 10a. 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; Resolutions R- 10 -12, R -12-
12, R- 13 -12, R- 14 -12, R -15 -12 and R -16 -12 were adopted, Ordinance M -3 -12 was
placed on First Reading, and Ordinance M -1 -12 was placed on Second Reading
and adopted.
MINUTES: City Clerk Ludwig requested that the Minutes of the Regular Council Meeting
of January 3, 2012 be removed from Consent Agenda to amend the Minutes to
add Alderman Wilson's name for the Roll Call Aye Vote for Resolution R -7 -12
on Page 5 and Resolution R -8 -12 on Page 6.
Moved by Sayad, seconded by Robinson, to amend the Minutes of the Regular
W
Page 3 of 9 1/17/12
MINUTES: Council Meeting of January 3, 2012 to add Alderman Wilson's name for the
(Cont'd) Roll Call Aye Vote for Resolution R -7 -12 on Page 5 and Resolution R -8 -12 on
Page 6. Motion declared carried.
Moved by Sayad, seconded by Bogusz, to approve Minutes of the Regular
Meeting of the City Council held January 3, 2012, as Amended. Motion
declared carried.
NEW CLASS A City Attorney Wiltse stated that Mayor Moylan as Local Liquor Commissioner
LIO. LIC./ has requested that Items 2 and 2a be removed from Consent Agenda until such
1476 MINER ST.: time as he can meet with the Petitioner. With unanimous consent of the
Council, this item was removed from Consent Agenda. There were no
Ordinance objections.
M -2 -12
NEW CLASS A Moved by Haugeberg, seconded by Robinson, to concur with Staff
LIO. LIC./ recommendation to approve New Class A Liquor License for A Eagle SVK,
851 W. OAKTON Inc., d/b /a A Eagle SVK, 851 West Oakton Street and place on First Reading
ST.: Ordinance M -3 -12, AN ORDINANCE AMENDING TITLE 4, "BUSINESS
Consent REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION
Agenda 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE
TO ADD ONE CLASS A LIQUOR LICENSE FOR A EAGLE SVK, INC.
Ordinance DB /A A EAGLE SVK LOCATED AT 851 W. OAKTON STREET, DES
M -3 -12 PLAINES, ILLINOIS. Motion declared carried as approved unanimously
under Consent Agenda.
PURCHASE/ Moved by Haugeberg, seconded by Robinson, to concur with Staff
SPRING TREE recommendation to approve purchase for spring tree planting through the West
PLANTING: Central Municipal Conference — Suburban Tree Consortium, 2000 Fifth
Consent Avenue, Building J, River Grove, Illinois in a not -to- exceed amount of
Agenda $50,000.00; and further recommend to adopt Resolution R- 152 -I1, A
RESOLUTION AUTHORIZING THE PURCHASE OF TREES THROUGH
Resolution THE WEST CENTRAL MUNICIPAL CONFERENCE - SUBURBAN TREE
R -10 -12 CONSORTIUM. Motion declared carried as approved unanimously under
Consent Agenda.
PARKING ENF. Moved by Haugeberg, seconded by Robinson, to concur with Staff
AGR./ 1441 recommendation to approve Parking Enforcement Agreement between the City
TRACKER ST.: and Pearson Point Condominium Association at 1441 Thacker Street; and
Consent further recommend to adopt Resolution R- 12 -12, A RESOLUTION
Agenda AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR
ENFORCEMENT OF MUNICIPAL ORDINANCES ON PRIVATE
Resolution PROPERTY BETWEEN THE CITY OF DES PLAINES AND PEARSON
R -12 -12 POINT CONDOMINIUM ASSOCIATION FOR PROPERTY LOCATED AT
1441 THACKER STREET, DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
AGR./IDCEO Moved by Haugeberg, seconded by Robinson, to concur with Staff
GRANT/ recommendation to approve agreement with the Illinois Department of
Page 4 of 9 1/17/12
CIVIC CENTER: Commerce and Economic Opportunity ( IDCEO) for a Public Sector Energy
Consent Efficiency Grant Award in the amount of $88,992.16 (grant monies to be
Agenda applied to Civic Center energy efficiency improvements); and further
recommend to adopt Resolution R- 13 -12, A RESOLUTION AUTHORIZING
Resolution THE EXECUTION OF A DCEO GRANT AGREEMENT FROM THE STATE
R -13 -12 OF ILLINOIS, DEPARTMENT OF COMMERCE AND ECONOMIC
OPPORTUNITY. Motion declared carried as approved unanimously under
Consent Agenda.
AMENDED Moved by Haugeberg, seconded by Robinson, to concur with Staff
PROPOSALS/ recommendation To approve amended proposals from Johnson Controls, Inc.,
JOHNSON 3007 Malmo Drive, Arlington Heights, Illinois 60005 in the amount of
CONTROLS/ $68,865.00 in conjunction with the previously approved energy performance
MUNICIPAL contract due to newly available funding from the Federal Department of Energy
BLDGS. /ENERGY (project to be funded entirely by grants secured by the City); and further
UPGRADE: recommend to adopt Resolution R- 14 -12, A RESOLUTION AUTHORIZING
Consent AMENDMENTS TO THE PERFORMANCE CONTRACT BETWEEN
Agenda JOHNSON CONTROLS, INC. AND THE CITY OF DES PLAINES FOR
LIGHTING UPGRADES TO THE POLICE DEPARTMENT AND THE
Resolution PUBLIC WORKS FACILITY. Motion declared carried as approved
R -14 -12 unanimously under Consent Agenda.
LOBBYIST SVCS. Moved by Haugeberg, seconded by Robinson, to concur with Staff
AGR./ recommendation to authorize execution of agreement between Alfred G. Ronan,
ALFRED G. Ltd., 328 South Oak Park Avenue, Suite 1, Oak Park, Illinois 60302 and the
RONAN, LTD.: City of Des Plaines for lobbyist services for the period of January 1, 2012
Consent through December 31, 2012 at a cost of $5,000.00 per month not to exceed
Agenda $60,000.00; and further recommend to adopt Resolution R- 15 -12, A
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
Resolution BETWEEN ALFRED G. RONAN, LTD. AND THE CITY OF DES PLAINES
R -15 -12 FOR LOBBYIST SERVICES FOR THE CITY OF DES PLAINES. Motion
declared carried as approved unanimously under Consent Agenda.
LOBBYIST SVCS. Moved by Haugeberg, seconded by Robinson, to concur with Staff
AGR./ recommendation to authorize execution of agreement between McGuireWoods
MCGUIREWOODS Consulting, LLC, 77 West Wacker Drive, Suite 4100, Chicago, Illinois 60601 -
LLC CONS.: 1818 and the City of Des Plaines for lobbyist services for the period of January
Consent 1, 2012 through December 31, 2012 at a cost of $1,600.00 per month not to
Agenda exceed $19,200.00; and further recommend to adopt Resolution R- 16 -12, A
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
Resolution BETWEEN MCGUIREWOODS CONSULTING LLC AND THE CITY OF
R -16 -12 DES PLAINES FOR LOBBYIST SERVICES FOR THE CITY OF DES
PLAINES. Motion declared carried as approved unanimously under Consent
Agenda.
AGR./ Alderman Walsten requested that this item be removed from Consent Agenda.
DISBURSE
GRANT FUNDS / Alderman Walsten asked for an explanation of the grant involved in this
METHODIST project. 4V
Page 5 of 9 1/17/12
CAMPGROUND: Director of Public Works and Engineering Oakley stated that the project is grant
funded and there is a local match from each of the building owners.
Resolution
R -18 -12 Moved by Walsten, seconded by Haugeberg, to approve agreement between
City of Des Plaines and Chicago District Camp Ground Association specifying
duties relating to disbursing grant funds to elevate twelve (12) cottages on the
Methodist Campground Property; and further recommend to adopt Resolution
R- 18 -12, A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN CHICAGO DISTRICT CAMP GROUND
ASSOCIATION AND THE CITY OF DES PLAINES REGARDING THE
APPROVED GRANT IN THE AMOUNT OF $402,299.57. 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.
ORDINANCE Moved by Haugeberg, seconded by Robinson, to adopt Ordinance M -1 -12, AN
M -1 -12 ORDINANCE AMENDING TITLE 5, "PUBLIC HEALTH AND SAFETY,"
AMEND CHAPTER 5, "PLANTS AND WEEDS," SECTION 5, "REMOVAL;
CITY CODE/ POSTING; NOTICE:," OF THE DES PLAINES CITY CODE. Motion
PLANTS AND declared carried as approved unanimously under Consent Agenda.
WEEDS:
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 Walsten to recommend to the City Council
REGISTER: approval of the January 17, 2012 — Warrant Register, in the total amount of
$3,728,628.14; and further recommend that Resolution R -11 -12 be adopted at
appropriate time this evening. Motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Haugeberg, Chair
COND. USE/ Senior Planner Mangum reviewed his Memorandum of December 14, 2011
1590 LEE ST.: regarding Conditional Use Permit and Variance Requests for 1590 Lee Street,
Case # 11- 061 -CU -V and answered questions from the Aldermen.
Attorney Gerald Callaghan of Freeborn & Peters LLP representing the
Petitioner addressed the Committee of the Whole and answered questions from
the Aldermen. � t
The Petitioner must meet the following conditions:
Page 6 of 9
1/17/12
1590 LEE ST.: 1. Prior to issuance of the Conditional Use Permit, the Petitioner shall
(Cont'd) provide an executed easement with the property to the north that allows
vehicular access to the site to the satisfaction of the Directors of
Community and Economic Development and Public Works and
Engineering. The easement shall be recorded with the Cook County
Recorder of Deeds.
2. Prior to occupancy, the Petitioner shall install bicycle parking facilities
to accommodate a minimum of four bicycles within the area labeled
"Bike Parking with Bike Rack" on the Site Plan.
Mr. Mike Metzger of Chase Bank addressed the Committee of the Whole
stating that Chase Bank is asking that the ordinance be advanced to Second
Reading and adopted to expedite their project.
Moved by Charewicz, seconded by Robinson, to amend Ordinance Z -1 -12 by
changing the top of Page 3 " Ordinance to allow o n the east eleve6e one wall
sign, rather than zero, on the west elevation; and approximately 447- 115 square
feet of total wall signage where a maximum of 100 square feet is allowed at
1590 Lee Street in Des Plaines, Illinois." Motion declared carried. Alderman
Walsten voted no.
Moved by Sayad, seconded by Wilson, to recommend to the City Council
approval to place on First Reading Ordinance Z -1 -12, as Amended, at
appropriate time this evening. Motion declared carried. Alderman Walsten
voted no.
COND. USE/ 965 This matter has been pulled from the agenda at the request of the Petitioner to
WILLSON DR.: be placed on the agenda for a subsequent City Council meeting.
TAX SHARING Director of Community & Economic Development Bartholomew reviewed his
AGR./ Memorandum of January 5, 2012 regarding the Tax Sharing Agreement with
2100 NORTH Warehouse Direct for 2001 N. Mount Prospect Road and answered questions
MT. PROSPECT from the Aldermen.
RD.:
Moved by Charewicz, seconded by Bogusz, to recommend to the City Council
approval of Resolution R -9 -12 at appropriate time this evening. Motion
declared carried.
ENGINEERING — Alderman Sayad, Chair
INCREASE Alderman Sayad read the letter received from the City of Chicago Department
WATER RATES: of Water Management notifying the City of a 4 -year water increase for 2012-
2015.
Director of Finance Wisniewski addressed the Committee of the Whole and
presented two charts: (1) the City of Chicago Increase and (2) Increase in cost
of water and sanitary sewer charges based on consumption (in Council file),I, q
fi o`�
Page 7 of 9 1/17/12
INCREASE Director of Finance Wisniewski addressed the Committee of the Whole giving
WATER RATES: an overview of the report presented in 2011 by Baxter & Woodman, Inc.
Moved by Brookman, seconded by Wilson to separate the Chicago water rate
increase pass -thru from Proposals 1, 2, and 3 which are to be sent back to
committee. Aldermen Brookman and Wilson voted aye. Aldermen Haugeberg,
Robinson, Bogusz, Sayad, Walsten and Charewicz voted no. Motion declared
FAILED.
Moved by Charewicz, seconded by Haugeberg to recommend to the City
Council approval to place on First Reading Ordinance M -4 -12 at appropriate
time this evening. Motion declared carried. Alderman Brookman voted no.
INCREASE Director of Finance Wisniewski addressed the Committee of the Whole giving
SEWER RATES: an overview of the scenarios for the proposed increase in sewer rates.
Moved by Haugeberg, seconded by Robinson to recommend to the City
Council approval to place on First Reading Ordinance M -5 -12 at appropriate
time this evening. Motion declared carried. Alderman Brookman 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- 11 -12, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE
Resolution FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE
R -11 -12 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO
MAKE PAYMENT FOR SAME. Total: $3,728,628.14. 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.
COND. USE/ Moved by Haugeberg, seconded by Sayad, to concur with recommendation of
1590 LEE ST.: Committee of the Whole to place on First Reading Ordinance Z -1 -12, AN
ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT UNDER
Ordinance SECTION 7.3 -6 C. OF THE ZONING ORDINANCE TO PERMIT AN
Z-1 -12 ACCESSORY DRIVE- THROUGH FACILITY AT A FINANCIAL
INSTITUTION WITH VARIATIONS TO SECTION 11.6 B. OF THE
ZONING ORDINANCE TO PERMIT THREE WALL SIGNS AT 1590 LEE
STREET, DES PLAINES, ILLINOIS. (CASE #11- 061- CU -V), AS
AMENDED. Upon roll call, the vote was:
AYES: 7- Haugeberg, Robinson, Bogusz, Sayad,
Brookman, Wilson, Charewicz
Page 8 of 9 1/17/12
NAYS: 1- Walsten
ABSENT: 0 -None
Motion declared carried.
ORDINANCE Moved by Haugeberg, seconded by Robinson, to advance to Second Reading
Z-1 -12 and adopt Ordinance Z -1 -12, AN ORDINANCE ALLOWING FOR A
COND. USE/ CONDITIONAL USE PERMIT UNDER SECTION 7.3 -6 C. OF THE
1590 LEE ST.: ZONING ORDINANCE TO PERMIT AN ACCESSORY DRIVE - THROUGH
FACILITY AT A FINANCIAL INSTITUTION WITH VARIATIONS TO
SECTION 11.6 B. OF THE ZONING ORDINANCE TO PERMIT THREE
WALL SIGNS AT 1590 LEE STREET, DES PLAINES, ILLINOIS. (CASE
#11- 061- CU -V). Upon roll call, the vote was:
AYES: 6- Haugeberg, Robinson, Bogusz, Sayad,
Walsten, Charewicz
NAYS: 2- Brookman, Wilson
ABSENT: 0 -None
Motion declared carried.
Alderman Walsten requested Leave of the Body to change his vote from Aye to
Nay. There were no objections. The roll call vote is as follows:
AYES: 6- Haugeberg, Robinson, Bogusz, Sayad,
Charewicz, Moylan
NAYS: 3- Brookman, Walsten, Wilson
ABSENT: 0 -None
Motion declared carried.
TAX SHARING Moved by Haugeberg, seconded by Robinson, to concur with recommendation
AGRJ of Committee of the Whole to adopt Resolution R -9 -12, A RESOLUTION
2100 NORTH AUTHORIZING THE EXECUTION OF AN ECONOMIC INCENTIVE
MT. PROSPECT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND
RD.: WAREHOUSE DIRECT, INC. Upon roll call, the vote was:
AYES: 8- Haugeberg, Robinson, Bogusz, Sayad,
Resolution Brookman, Walsten, Wilson, Charewicz
R -9 -12 NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
INCREASE Moved by SUad, seconded by Robinson to concur with recommendation of
WATER RATES: Committee of the Whole to place on First Reading Ordinance M -4 -12, AN
ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES," CHAPTER 1,
Ordinance "WATER SYSTEM REGULATIONS," SECTION 7, "RATES" OF THE DES
M -4 -12 PLAINES CITY CODE. Upon roll call, the vote was:
AYES: 7- Haugeberg, Robinson, Bogusz, Sayad,
Walsten, Wilson, Charewicz
NAYS: 1- Brookman
ABSENT: 0 -None
Motion declared carried.
INCREASE Moved by Sayad, seconded by Robinson to concur with recommendation of
Page 9 of 9 1/17/12
SEWER RATES: Committee of the Whole to place on First Reading Ordinance M -5 -12, AN
ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES," CHAPTER 2,
Ordinance "SEWER SYSTEM REGULATIONS," SECTION 3, "SANITARY SEWER
M -5 -12 FEE" OF THE DES PLAINES CITY CODE. Upon roll call, the vote was:
AYES: 7- Haugeberg, Robinson, Bogusz, Sayad,
Walsten, Wilson, Charewicz
NAYS: 1- Brookman
ABSENT: 0 -None
Motion declared carried.
ADJOURNMENT: Moved by Sayad, seconded by Brookman, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 8:47 p.m.
' Id, a k4,
Gloria J. Ludwig - CITY CLERK
APPROVED BY ME THIS �
DAY OF , 2012
Marti . Mo an, M OR