09/02/2014MINUTES 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,
TUESDAY, SEPTEMBER 2, 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 7:00 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Tuesday, September 2, 2014.
ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd,
Sayad, Brookman, Walsten and Charewicz.
Also present were: City Manager Bartholomew, Director of Community & Economic Development
Sakas, Building and Property Inspections Supervisor Ehrke, Senior Planner Mangum, Assistant City
Manager/Director of Finance Wisniewski, Fire Chief Wax, Police Chief Kushner, Director of Public
Works and Engineering Oakley and General Counsel Weiss.
PRAYER AND The opening prayer was given by Father Jack Plotkowski of St. Zachary's Parish,
PLEDGE: followed by the Pledge of Allegiance.
MOMENT OF Mayor Bogusz requested a moment of silence in memory of Alderman Joanna
SILENCE IN Sojka who passed away on August 18. Father Plotkowski offered a prayer of
MEMORY OF ALD. comfort to Alderman Sojka's family. Mayor Bogusz gave the details for the
JOANNA SOJKA: visitation and Mass being held at St. Hubert's Church in Hoffinan Estates on
September 3.
CONSENT Alderman Brookman requested that Items 6 and 6a be removed from Consent
AGENDA: Agenda.
Motion by Sayad, seconded by Rodd, to establish the Consent Agenda except for
Items 6 and 6a. Motion declared carried.
Motion by Rodd, seconded by Haugeberg, to approve Consent Agenda. Upon
roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
The minutes were approved; Staff recommendations and requests were approved;
Ordinance M-29-14 was placed on First Reading. Resolutions R-160-14, R-170-
14, R-171-14 and R-172-14 were adopted.
MINUTES: Moved by Rodd, seconded by Haugeberg, to approve minutes of the Regular
Meeting of the City Council held August 18, 2014. Motion declared carried as
approved unanimously under Consent Agenda.
C
Page 2 of 7 9/2/14
Moved by Rodd, seconded by Haugeberg, to approve minutes of the Executive
Session of the City Council held August 18, 2014. Motion declared carried as
approved unanimously under Consent Agenda.
APPROVE NEW Moved by Rodd, seconded by Haugeberg, to concur with Staff recommendation
CLASS H-1 BEER to approve a new Class H-1 Beer and Wine Only Liquor License for Olom, Inc.
AND WINE ONLY d/b/a Dariya's Place, 1560 Rand Road; and place on First Reading Ordinance M-
LIO. LIC./ 1560 29-14, AN ORDINANCE AMENDING SECTION 1, "FEE SCHEDULE," OF
RAND RD.: CHAPTER 18, "SCHEDULE OF FEES," OF TITLE 4, "BUSINESS
Consent REGULATIONS," OF THE CITY CODE TO ADD ONE CLASS H-1 LIQUOR
Agenda LICENSE. Motion declared carried as approved unanimously under Consent
Agenda.
Ordinance
M-29-14
APPROVE CLASS Moved by Rodd, seconded by Haugeberg, to concur with Staff recommendation
A TAVERN LIQ.
to approve a Class A Tavern Liquor License Transfer of Ownership for Original
LIC./TRANSFER
Pizza, LLC d/b/a Leona's Pizzeria, 1504 Miner Street (no ordinance required).
OF OWNERSHIP/
Motion declared carried as approved unanimously under Consent Agenda.
1504 MINER ST.:
Consent
Agenda
APPROVE CLASS Moved by Rodd, seconded by Haugeberg, to concur with Staff recommendation
B BULK SALES to approve a Class B Bulk Sales Liquor License Transfer of Ownership for
LIQ. LIC./ Anoopam, Inc. d/b/a Day & Night Store, 1185 South Elmhurst Road (no
TRANSFER OF ordinance required). Motion declared carried as approved unanimously under
OWNERSHIP/ Consent Agenda.
1185 SOUTH
ELMHURST RD.:
Consent
Agenda
APPROVE Alderman Brookman requested that this Item be removed from Consent Agenda.
EMERGENCY
TRUCK REPAIR/ Fire Chief Wax answered questions from the Aldermen.
FIRE DEPT./
LADDER TRUCK Moved by Brookman, seconded by Sayad, to approve emergency repair to Ladder
#81: Truck #81 for Fire Department by Van Eck Fleet Services, 400 D Airport Road,
Elgin, Illinois 60123 in the amount of $19,560.50 (General Services Vehicle
Resolution Maintenance/R&M Vehicles); and further recommend to adopt Resolution R-
R -160-14 160-14, A RESOLUTION APPROVING AND AUTHORIZING AN
EMERGENCY CONTRACT FOR THE EMERGENCY REPAIR OF LADDER
TRUCK NO. 81. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Charewicz 1
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Page 3 of 7 9/2/14
APPROVE FIRE Moved by Rodd, seconded by Haugeberg, to concur with Staff recommendation
SUPPRESSION to approve IT Fire Suppression System with Ahern Fire Protection, 11045 Gage
SYSTEM/ IT Avenue, Franklin Park, Illinois 60131, in the amount of $13,876.39 (Budgeted
ROOM: Funds — General Fund/Public Works & Engineering/Streets and Grounds
Consent Maintenance/City Hall); and further recommend to adopt Resolution R-170-14,
Agenda A RESOLUTION APPROVING AN AGREEMENT WITH J.F. AHERN CO.
FOR THE UPGRADE OF FIRE SUPPRESSION SYSTEMS IN THE IT ROOM
Resolution OF CITY HALL. Motion declared carried as approved unanimously under
R-170-14 Consent Agenda.
APPROVE ADD'L. Moved by Rodd, seconded by Haugeberg, to approve additional work under the
WORK/ 2014 2014 Parkway Restoration Contract with Beverly Environmental, LLC, 16504
PARKWAY Dixie Highway, Markham, Illinois 60428 in the amount of $30,000.00 (Budgeted
RESTORATION: Funds — Water Fund/R&M Water Distribution and General Fund/Miscellaneous
Consent Contractual Services); and adopt Resolution R-171-14, A RESOLUTION
Agenda APPROVING ADDITIONAL WORK UNDER THE CONTRACT WITH
BEVERLY ENVIRONMENTAL, LLC, FOR PARKWAY RESTORATION
Resolution SERVICES. Motion declared carried as approved unanimously under Consent
R-171-14 Agenda.
APPROVE Moved by Rodd, seconded by Haugeberg, to concur with Staff recommendation
PROPOSAL/ to approve proposal for Design Engineering Services from Christopher B. Burke
DESIGN ENG. Engineering, Ltd., 9575 West Higgins Road, Suite 600, Rosemont, Illinois 60018
SVCS./ in the not -to -exceed amount of $164,000.00 (source of funding — TIF #1) for the
DOWNTOWN Downtown Streetscape Project — Phase III (Task Order No. 8 to Master
STREETSCAPE Agreement with CBBEL); and further recommend to adopt Resolution R -172 -
PROJECT— 14, A RESOLUTION APPROVING TASK ORDER NO. 8 WITH
PHASE III: CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR DESIGN
Consent ENGINEERING SERVICES. Motion declared carried as approved unanimously
Agenda under Consent Agenda.
Resolution
R-172-14
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION — Alderman Sayad, Chair
WARRANT Moved by Haugeberg, seconded by Brookman, to recommend to the City Council
REGISTER: approval of the September 2, 2014 — Warrant Register, in the total amount of
$3,458,334.44; and further recommend that Resolution R-173-14 be adopted at
appropriate time this evening. Motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Walsten, Chair
Page 4 of 7 9/2/14
6b APPLICATION/ Director of Community & Economic Development Sakas reviewed his
90 RAWLS RD.: Memorandum of August 20, 2014 regarding the Class 6b Resolution Request by
D'Artagnan, Inc. for 90 Rawls Road and answered questions from the Aldermen.
Moved by Rodd, seconded by Robinson, to recommend to the City Council
approval to support and consent to the filing of D' Artagnan's Class 6b application
to the Cook County Assessor's Office and further recommend that Resolution R-
174-14 be adopted at appropriate time this evening. Motion declared carried.
MAJOR Senior Planner Mangum reviewed his Memorandum of August 13, 2014.
VARIATIONS/ Petitioner Tim Metropulos, 231 N. Northwest Highway, Park Ridge, Illinois on
2600 S. DES behalf of Owner Maggio Properties, 2600 S. Des Plaines River Road (Case #14-
PLAINES RIVER 039-V) is requesting variations to Section 8.1-3 of the 1998 City of Des Plaines
RD.: Zoning Ordinance, as amended: to allow construction of an approximately 1,440
square foot accessory structure (garage) in front of the building line of the
principle structure, where a maximum of 720 square feet is allowed for a detached
accessory structure and an accessory structure is required to be located behind
the principle structure in the C-2 Zoning District. Senior Planner Mangum
answered questions from the Aldermen.
At its August 12, 2014 meeting, the Zoning Board of Appeals recommended (6-
0) that the City Council approve both Major Variations for an oversized
accessory structure in front of the building line of the primary structure.
Staff recommended approval of the requested major variations based on review
of the information presented by the applicant and the standards and conditions
imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City
of Des Plaines Zoning Ordinance. The size of the accessory structure is relatively
minor in scale when compared with the size of the primary structure. The
triangular shaped lot is uniquely shaped with reduced depth at the northern
portion of the property where the accessory structure is proposed.
Moved by Sayad, seconded by Robinson, to recommend to the City Council
approval of the requested major variations and further recommend that Ordinance
Z-21-14 be placed on First Reading at appropriate time this evening. Motion
declared carried.
MAJOR Senior Planner Mangum reviewed a Memorandum dated August 13, 2014 from
VARIATION/ 1784 Associate Planner Yu regarding consideration of Ordinance Z-22-14, 1784 Forest
FOREST AVE.: Avenue (Case #14-040-V) to allow construction of an approximately 1,160
square foot accessory structure including a garage and attached patio cover with
a 5' 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.
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. A` ��
Page 5 of 7 9/2/14
1784 FOREST Staff recommended that the Zoning Board of Appeals deny the variation requests
AVE.: because the proposed size of the accessory structure is considerably larger than
(Cont'd) 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.
Moved by Walsten, seconded by Robinson to recommend to the City Council to
place on First Reading Ordinance Z-22-14 at appropriate time this evening.
Motion declared carried. Alderman Charewicz did not agree.
LEGAL AND LICENSING — Alderman Brookman, Chair
AMEND CITY Alderman Walsten stated that he believes this issue should have been discussed
CODE/ NOISE by the Community Development committee. City Manager Bartholomew stated
CONTROL: that since there are no clear guidelines, he and Alderman Sayad are working
together to define which committee covers which subject(s). This information
will be presented to the aldermen when it is complete.
Senior Planner Mangum reviewed a Memorandum dated August 14, 2014
regarding an amendment to the Des Plaines City Code regarding Noise
Regulations. Staff identified that existing Zoning Ordinance and City Code
regulations regarding noise are outdated, overly subjective and difficult to
enforce. Senior Planner Mangum answered questions from the Aldermen.
Mr. Bill Maher, 872 Mason Lane, addressed the Committee of the Whole stating
that he and his wife live behind the Arts & Science Academy; there is more noise
now as a result of the expansion of the playground, not only during the school
year, but during the summer due to more programs being offered; he suggested
strict enforcement of noise regulations for school playgrounds and parking lots.
Ms. Kathy Krus, 888 Mason Lane, addressed the Committee of the Whole stating
that the ordinance should also address the length of time noise is allowed as well
as the frequency and consistency.
A discussion took place among the aldermen regarding changes to the proposed
Ordinance M-32-14 for a "temporary" license for events, hours of quiet on the
weekends and a list of holidays.
Mrs. Sandra Dillon, 2251 Pine Street, addressed the Committee of the Whole
stating that the length of time a temporary license is granted should be defined as
well as clarification as to the number of times a temporary license is granted
during a year; amplified sound should also be more clearly defined; she suggested
that the Council take its time and obtain constituent input.
Page 6 of 7 9/2/14
NOISE Following discussion, moved by Walsten, seconded by Sayad, to call for the vote.
CONTROL: Motion declared carried.
(Cont'd)
Moved by Charewicz, seconded by Haugeberg, to recommend to the City
Council to place on First Reading Ordinance M-32-14, as amended, at
appropriate time this evening. Motion declared carried.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
NEW BUSINESS:
WARRANT Moved by Sayad, seconded by Haugeberg, to concur with recommendation of
REGISTER: Committee of the Whole to adopt Resolution R-173-14, 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 MAYOR
R-173-14 AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE
PAYMENT FOR SAME. Total: $3,458,334.44. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
6b APPLICATION/ Moved by Walsten, seconded by Charewicz, to concur with recommendation of
90 RAWLS RD.: Committee of the Whole to adopt Resolution R-174-14, A RESOLUTION
SUPPORTING AND CONSENTING TO THE APPROVAL OF CLASS 6b
Resolution CLASSIFICATION FOR THE PROPERTY LOCATED AT 90 RAWLS
R-174-14 ROAD. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Walsten, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
MAJOR Moved by Walsten, seconded by Sayad to concur with recommendation of
VARIATIONS/ Committee of the Whole to place on First Reading Ordinance Z-21-14, AN
2600 S. DES ORDINANCE APPROVING MAJOR VARIATIONS FROM SECTION 8.1-
PLAINES RIVER 3.E OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A
RD.: 1440 SQUARE FOOT ACCESSORY STRUCTURE IN FRONT OF THE
BUILDING LINE OF THE PRINCIPAL STRUCTURE AT 2600 S. DES
Ordinance PLAINES RIVER ROAD, DES PLAINES, ILLINOIS (CASE #14-039-V).
Z-21-14 Motion declared carried.
MAJOR Moved by Walsten, seconded by Robinson, to concur with recommendation of
VARIATION/ 1784 Committee of the Whole to place on First Reading Ordinance Z-22-14, AN
FOREST AVE.: ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 8.1-
Page 7 of 7 9/2/14
3.E OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT
Ordinance A 1,160 SQUARE FOOT ACCESSORY STRUCTURE AT 1784 FOREST
Z-22-14 AVENUE, DES PLAINES, ILLINOIS (CASE #14-040-V). Motion declared
carried. Alderman Charewicz voted Nay.
AMEND CITY Moved by Brookman, seconded by Haugeberg, to concur with recommendation
CODE/ NOISE of Committee of the Whole to place on First Reading Ordinance M-32-14, AN
CONTROL: ORDINANCE AMENDING TITLE 5 AND TITLE 6 OF THE DES PLAINES
CITY CODE REGARDING THE REGULATION OF NUISANCES AND
Ordinance EXCESSIVE NOISE, AS AMENDED. Motion declared carried.
M-32-14
ADJOURNMENT: Moved by Rodd, seconded by Walsten, that the regular meeting of the City
Council adjourn in memory of Alderman Joanna Sojka. Motion declared carried.
Meeting adjourned at 9:09 p.m.
r
Gloria J. Ludwig — A TY CLERK
APPROVE§ =BYMTHIS
DAY OF�� .2014
Matthew J. B