08/18/2014MINUTES 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 18, 2014
CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was
ORDER: called to order by Mayor Bogusz at 6:30 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on Monday, August 18,
2014.
ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Rodd, Sayad, Brookman, Walsten and Charewicz. Alderman Sayad arrived at
6:38 p.m. Alderman Sojka was absent.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance
Wisniewski, Director of Community & Economic Development Sakas, Associate Planner Yu, Fire
Chief Wax, Director of Information Technology Sora, Police Chief Kushner, Assistant Director of
Public Works and Engineering Duddles and General Counsel Friedman.
EXECUTIVE Moved by Brookman, seconded by Rodd, to go into Executive Session to
SESSION: discuss Pending Litigation. Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Rodd,
Brookman, Walsten, Charewicz
NAYS: 0 -None
ABSENT: 2-Sayad, Sojka
Motion declared carried.
The City Council recessed at 6:31 p.m.
The City Council reconvened at 7:11 p.m.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Rodd, Sayad, Brookman, Walsten and Charewicz. Alderman Sojka was absent.
PRAYER AND The opening prayer was given by Mr. Hilary Morris of the Des Plaines Baha'i,
PLEDGE: followed by the Pledge of Allegiance.
PRESENTATION: Streamwood Village Clerk Kittie Kopitke, Past President of Municipal Clerks
of Illinois and Past Region VII Director of the International Institute of
Municipal Clerks, presented a plaque and pin from the International Institute of
Municipal Clerks to City Clerk Ludwig recognizing her for achieving
certification as a Master Municipal Clerk.
CITIZEN PART.: Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council
congratulating City Clerk Ludwig for achieving certification. Mr. Serbin stated
that as he was walking near the intersection of Thacker and Lee Streets he
nearly fell from a trip hazard in the sidewalk and wanted to compliment
emergency personnel for helping him up.
Page 2 of 8 8/18/14
CONSENT Motion by Sayad, seconded by Robinson, to establish the Consent Agenda.
AGENDA: Motion declared carried.
Motion by Rodd, seconded by Robinson, to approve the Consent Agenda.
Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Charewicz
NAYS: 0 -None
ABSENT: 1-Sojka
Motion declared carried.
Minutes were approved; Staff recommendations and requests were approved;
Resolutions R-161-14, R-162-14, R-163-14, R-164-14, R-165-14, and R-169-14
were adopted; Ordinance M-27-14 was adopted.
MINUTES: Moved by Rodd, seconded by Robinson, to approve Minutes of the Regular
Consent Meeting of City Council held August 4, 2014, as published. Motion declared
Agenda carried as approved unanimously under Consent Agenda.
AWARD BID/ Moved by Rodd, seconded by Robinson, to concur with Staff recommendation
LAPTOPS/ to award bid for Five (5) Patient Care Reporting Laptops for the Fire
FIRE DEPT.: Department to DCS Office Technologies, 1271 Hamilton Parkway, Itasca,
Consent Illinois 60143, in the amount of $20,250.00 (Budgeted Funds — IT
Agenda Replacement/Computer Hardware Account); and further recommend to adopt
Resolution R-161-14, A RESOLUTION AUTHORIZING THE PURCHASE
Resolution OF PATIENT CARE REPORTING LAPTOPS FROM CDS OFFICE
R-161-14 TECHNOLOGIES. Motion declared carried as approved unanimously under
Consent Agenda.
APPROVE Moved by Rodd, seconded by Robinson, to concur with Staff recommendation
PURCHASE/ to approve proposal from Total Parking Solutions, Inc., 2721 Curtiss Street,
MULTI -SPACE Downers Grove, Illinois 60515, in the amount of $14,088.00 (TIF #1 Equip.
PAY STATION: Fund - $13,248.00 and TIF #1 Miscellaneous Contractual Services - $840.00) to
Consent purchase a Cale Multi -Space Pay Station; and further recommend to adopt
Agenda Resolution R-162-14, A RESOLUTION APPROVING AN AGREEMENT
WITH TOTAL PARKING SOLUTIONS FOR THE PURCHASE AND
Resolution INSTALLATION OF A MULTI -SPACE PAY STATION MACHINE. Motion
R-162-14 declared carried as approved unanimously under Consent Agenda.
APPROVE Moved by Rodd, seconded by Robinson, to approve proposal from Christopher
PROPOSAL/ ENG. B. Burke Engineering, Ltd. (CBBEL), 9575 West Higgins Road, Suite 600,
SVCS. TASK Rosemont, Illinois 60018 in the amount of $69,500.00 for Professional
ORDER NO. 7/ Engineering Services related to the Fargo Relief Sewer — Contract Task Order
FARGO RELIEF No. 7 to Master Agreement with CBBEL (Source of Funding — Capital Projects
SEWER: Fund); and to adopt Resolution R-163-14, A RESOLUTION APPROVING
Consent TASK ORDER NO. 7 WITH CHRISTOPHER B. BURKE ENGINEERING,
Agenda LTD. FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared
carried as approved unanimously under Consent Agenda.
Resolution
Page 3 of 8 8/18/14
R-163-14
APPROVE Moved by Rodd, seconded by Robinson, to concur with Staff recommendation
PROPOSAL/ to approve proposal from Civiltech Engineering, Inc., 450 East Devon Avenue,
DESIGN ENG. Suite 300, Itasca, Illinois 60143 in the amount of $273,481.85 (Capital Projects
SVCS./ RAND RD. Fund) for Design Engineering Services of the Rand Road Sidepath project for
SIDEPATH: Phases I and II; and further recommend to adopt Resolution R-164-14, A
Consent RESOLUTION APPROVING A MASTER CONTRACT AND TASK ORDER
Agenda NO. 1 FOR CONSTRUCTION ENGINEERING SERVICES FOR A
PEDESTRIAN/BICYCLE SIDEPATH ALONG RAND ROAD. Motion
Resolution declared carried as approved unanimously under Consent Agenda.
R-164-14
APPROVE Moved by Rodd, seconded by Robinson, to concur with Staff recommendation
REVOCABLE to approve Revocable License Agreement with Comcast of Illinois XI, LLC,
LIC. AGR. FOR 1500 McConnor Parkway, Suite 200, Schaumburg, Illinois 60173 for the
CABLE/ installation of CATV Cable from 701 Lee Street to 1501 Ellinwood Street; and
COMCAST/ 701 further recommend to adopt Resolution R-165-14, A RESOLUTION
LEE ST. TO 1501 APPROVING A REVOCABLE LICENSE AGREEMENT WITH COMCAST
ELLINWOOD ST.: ILLINOIS XI, LLC. Motion declared carried as approved unanimously under
Consent Consent Agenda.
Agenda
Resolution
R-165-14
APPROVE Moved by Rodd, seconded by Robinson, to concur with Staff recommendation
WIRELESS to approve Wireless Lease Agreement with SBC Tower Holdings, LLC
LEASE AGR./ regarding a Wireless Service Facility at 1099/1111 Joseph Schwab Road; and
1099/1111 JOSEPH further recommend to adopt Resolution R-169-14, A RESOLUTION
SCHWAB RD.: APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE
Consent AGREEMENT BETWEEN THE CITY OF DES PLAINES AND SBC
Agenda TOWER HOLDINGS LLC REGARDING WIRELESS SERVICE FACILITY
AT 1099/1111 JOSEPH SCHWAB ROAD. Motion declared carried as
Resolution approved unanimously under Consent Agenda.
R-169-14
ORDINANCE Moved by Rodd, seconded by Robinson, to adopt Ordinance M-27-14, AN
M-27-14 ORDINANCE AMENDING SECTION 1, "SCHEDULE OF FEES," OF
APPROVE NEW TITLE 4, "BUSINESS REGULATIONS," OF THE CITY CODE TO ADD
CLASS B BULK ONE CLASS B LIQUOR LICENSE. Motion declared carried as approved
SALES LIO. LIC./ unanimously under Consent Agenda.
1572 RAND RD.:
Consent
Agenda
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS
NOW RESOLVED INTO A COMMITTEE OF THE WHOLE ,�
Page 4 of 8
8/18/14
FINANCE & ADMINISTRATION — Alderman Sayad, Chair
WARRANT Director of Finance Wisniewski answered questions from the Aldermen.
REGISTER:
Alderman Sayad provided a list of invoices submitted by Holland & Knight in
the total amount of $37,279.03 from the Warrant Register of August 18, 2014
and did not agree with paying these invoices.
Moved by Charewicz, seconded by Brookman, to recommend to the City
Council approval of the August 18, 2014 — Warrant Register, in the total
amount of $3,342,944.98; and further recommend that Resolution R-166-14 be
adopted at appropriate time this evening. Motion declared carried.
Alderman Sayad agreed with payment of the items on the Warrant Register of
August 18, 2014, with the exception of the invoices from Holland & Knight
listed below in the total amount of $37,279.03:
Page #
Line #
$Amount
4
33
$ 48.00
35
18,500.00
38
4,732.01
39
2,748.00
40
288.00
42
645.00
43
317.50
15
358
5,282.50
20
--------------------------------------------------------
550
4,718.02
Total
9Items
$37,279.03
2013 AUDIT Assistant City Manager/Director of Finance Wisniewski presented and
PRESENTATION/ answered questions from the Aldermen.
STATE OF
FINANCES: Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole
asking questions regarding the City's bond rating which were answered by
Director Wisniewski.
COMMUNITY DEVELOPMENT — Alderman Walsten, Chair
BUSINESS Associate Planner Yu reviewed his Memorandum dated August 6, 2014
ASSISTANCE regarding an application from Yogura Swirls, Inc., d/b/a Forever Yogurt, 1512
PROGRAM Market Street, for the Interior Build -Out Program under the Business
APPL./1512 Assistance Program to establish a frozen yogurt cafe and answered questions
MARKET ST.: from the Aldermen.
Moved by Haugeberg, seconded by Sayad, to recommend to the City Council
approval of the Business Assistance Interior Build -Out Program for applicant
Yogura Swirls, Inc., d/b/a Forever Yogurt, 1512 Market Street, for
U -M
Page 5 of 8 8/18/14
reimbursement not to exceed $15,000.00 based upon project completion and to
adopt Resolution R-167-14 at appropriate time this evening. Motion declared
carried.
BUSINESS Associate Planner Yu reviewed his Memorandum dated August 6, 2014
ASSISTANCE regarding an application from The Local Coffee Tea and Sweets, LLC (The
PROGRAM Local), for the Interior Build -Out Program under the Business Assistance
APPL./ METRA Program to construct a coffee shop in the downtown Metra train station and
TRAIN STA./ answered questions from the Aldermen.
COFFEE SHOP:
Moved by Haugeberg, seconded by Rodd, to recommend to the City Council
approval of the Business Assistance Interior Build -Out Program for applicant
The Local Coffee Tea and Sweets, LLC (The Local) for reimbursement not to
exceed $15,000.00 based upon project completion and to adopt Resolution R-
168-14 at appropriate time this evening. Motion declared carried.
MAJOR Associate Planner Yu reviewed the Memorandum from Senior Planner
VARIATION/ 1784 Mangum dated July 30, 2014 regarding a request from Petitioner Dominika
FOREST AVE.: Ostrowski, 1784 Forest Avenue, for variations to Section 8.1-3 of the 1998 City
of Des Plaines Zoning Ordinance, as amended: to allow construction of an
approximately 1,160 square foot accessory structure including a garage and
attached patio cover with a 3' side yard setback, where a maximum of 720
square feet is allowed for a detached accessory structure and a minimum 5' side
yard setback is required in the R-1 Zoning District (Case #14-040-V).
At its July 29, 2014 meeting, the Zoning Board of Appeals denied (5-0) the
Standard Variation request for a 3 -foot side -yard setback for an accessory
structure and voted (3-2) to recommend that the City Council deny the Major
Variation for an oversized accessory structure.
Staff recommended that the Zoning Board of Appeals deny the variation
requests because the proposed size of the accessory structure is considerably
larger than the typical residential accessory structure and the footprint would be
similar in size to the primary structure. Additionally, Section 8.8-7 of the
Zoning Ordinance limits the number of vehicles used by a home occupation to
not more than one. The existing garage location is in compliance with the
minimum side yard setback regulations and the lot width exceeds the minimum
required lot width, so there does not appear to be a hardship to justify the
setback variation request.
Associate Planner Yu answered questions from the Aldermen.
Ms. Candee Cole, 1530 Pennsylvania Avenue, addressed the Committee of the
Whole asking questions regarding the structure being proposed and the impact
of flooding on the neighbors.
Petitioner Mrs. Dominika Ostrowski appeared before the Committee of the
Whole and answered questions from the Aldermen. AW._
Page 6 of 8 8/18/14
1784 FOREST Moved by Robinson, seconded by Sayad, to recommend to the City Council to
AVE.: direct staff to prepare an ordinance granting the Standard Variation request for a
(Cont'd) 3 -foot side -yard setback for an accessory structure and the Major Variation for
an oversized accessory structure at 1784 Forest Avenue (Case #14-040-V) for
the September 2, 2014 Council meeting. Motion declared carried. Alderman
Charewicz did not agree.
PUBLIC SAFETY — Alderman Haugeberg, Chair
DISCUSSION OF A discussion took place regarding the Rules and Regulations of the Fire &
BOARD OF FIRE/ Police Commission. Fire Chief Wax stated that the issue of the paramedic
POLICE COM. requirement for testing will be discussed in a future meeting of the Fire &
RULES & REGIS.: Police Commission.
LEGAL & LICENSING — Alderman Brookman, Chair
APPT./ Alderman Brookman pulled Ordinance M-33-14 regarding the appointment of
ADMIN. Administrative Hearing Officer from the agenda.
HEARING
OFFICER:
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
BUSINESS:
ORDINANCE Assistant City Manager/Director of Finance Wisniewski reviewed the process
M-28-14 of refinancing and paying off debt and answered questions from the Aldermen.
GENERAL
OBLIGATION Moved by Sayad, seconded by Robinson, to adopt Ordinance M-28-14, AN
BONDS/ 2014: ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION REFUNDING BONDS OF 2014 OF THE CITY OF DES
PLAINES, ILLINOIS AND PROVIDING FOR THE REDEMPTION OF
OUTSTANDING BONDS OF THE CITY, AS AMENDED. Upon roll call,
the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Charewicz
NAYS: 0 -None
ABSENT: 1-Sojka
Motion declared carried.
NEW BUSINESS:
WARRANT Moved by Charewicz, seconded by Rodd, to concur with recommendation of
REGISTER: Committee of the Whole to adopt Resolution R-166-14, BE IT RESOLVEDp
Page 7 of 8 8/18/14
BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE
Resolution FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE
R-166-14 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO
MAKE PAYMENT FOR SAME. Total: $3,342,944.98. Upon roll call, the
vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Charewicz
NAYS: 0 -None
ABSENT: 1-Sojka
Motion declared carried.
Alderman Sayad agreed with payment of the items on the Warrant Register of
August 18, 2014, with the exception of the invoices from Holland & Knight in
the total amount of $37,279.03.
APPROVE Moved by Walsten, seconded by Haugeberg, to concur with recommendation of
BUSINESS Committee of the Whole to adopt Resolution R-167-14, A RESOLUTION
ASSISTANCE APPROVING A BUSINESS ASSISTANCE PROGRAM (INTERIOR BUILD -
PROGRAM OUT PROGRAM) GRANT FOR 1512 MARKET STREET. Upon roll call, the
APPL./1512 vote was:
MARKET ST.: AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Charewicz
Resolution NAYS: 0 -None
R-167-14 ABSENT: 1-Sojka
Motion declared carried.
APPROVE Moved by Walsten, seconded by Rodd, to adopt Resolution R-168-14, A
BUSINESS RESOLUTION APPROVING A BUSINESS ASSISTANCE PROGRAM
ASSISTANCE (INTERIOR BUILD -OUT PROGRAM) GRANT FOR 1501 MINER STREET.
PROGRAM Upon roll call, the vote was:
APPL./ METRA AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
TRAIN STA./ Brookman, Walsten, Charewicz
COFFEE SHOP: NAYS: 0 -None
ABSENT: 1-Sojka
Resolution Motion declared carried.
R-168-14
MAJOR Moved by Walsten, seconded by Sayad, to concur with recommendation of
VARIATION/ 1784 Committee of the Whole to direct Staff to prepare an ordinance granting the
FOREST AVE.: Standard Variation request for a 3 -foot side -yard setback for an accessory
structure and the Major Variation for an oversized accessory structure at 1784
Forest Avenue (Case #14-040-V). Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten
NAYS: 1-Charewicz
ABSENT: 1-Sojka
Motion declared carried.
Page 8 of 8 8/18/14
ADJOURNMENT: Moved by Walsten, seconded by Brookman, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 9:22 p.m.
APPROVED BY ME THIS ��`
Gloria J. Ludwig — CITY CLERK