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02/17/2015MINUTES 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 17, 2015 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, February 17, 2015. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg (participated by telephone conference), Rodd, Sayad, Brookman, Walsten, Smith and Charewicz. Absent: Alderman Robinson Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Community and Economic Development Sakas, Associate Planner Yu, Fire Chief Wax, Director of Human Resources Wing, Deputy Chief of Operations Berger, Director of Human Resources Wing, Director of Media Services Krajniak, Director of Public Works and Engineering Oakley, Civil Engineer Peebles and Assistant City Attorney Camillucci. ALLOW Mayor Bogusz announced that a quorum is physically present and Alderman ALDERMAN TO Haugeberg wanted to attend this meeting by telephone conference because of a PARTICIPATE BY family emergency. Pursuant to the Open Meetings Act, a majority of the TELEPHONE Council may allow Alderman Haugeberg to attend this meeting by telephone CONFERENCE: conference. Moved by Sayad, seconded by Charewicz, to allow Alderman Haugeberg to attend this meeting by telephone conference. Upon roll call, the vote was: AYES: 6 -Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Robinson Motion declared carried. PRAYER AND The opening prayer was given by Reverend Charles Reid of the Bethesda PLEDGE: Worship Center, followed by the Pledge of Allegiance to the Flag. PUBLIC HEARING/ MINUTES OF THE PUBLIC HEARING HELD IN THE 2015 ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, APPROPRIATION DES PLAINES CIVIC CENTER, TUESDAY, ORDINANCE: FEBRUARY 17, 2015 Mayor Bogusz called the Public Hearing to order at 7:04 p.m. The Public Hearing was being held pursuant to legal notice regarding the Appropriation Ordinance. Public notice of said Hearing was published in the Journal & Topics newspaper on Friday, January 6, 2015. There will be final action on this matter under Items 1 and 1 a on the Consent Agenda later this evening. 4?1-- Page 2 of 9 2/17/15 There were no comments or questions from the aldermen or residents. The Public Hearing was adjourned at 7:05 p.m. The City Council reconvened at 7:06 p.m. CITIZEN PART.: Resident Ron Moore addressed the City Council commenting on the schedule of meetings posted on Channel 17; the City should not be involved with the Des Plaines Theater — the owner should take care of it; he questioned the new Wellness program for employees. Media Specialist Soderberg answered questions regarding the posting of the schedule for meetings on Channel 17. Resident Ken Row addressed the City Council regarding water billing for a vacant home and was referred to Director of Finance Wisniewski for a resolution. Mr. Max Galic addressed the City Council presenting information regarding smart meters and the health issues associated with them. Resident Stan Zimmerman addressed the City Council commenting on the employee health insurance, a farmer's market, the race in downtown Des Plaines, the vacancy rate for businesses, home sprinkler system and the truck traffic at Sysco Systems on Wolf Road. CITY CLERK City Clerk Ludwig announced that: ANNOUNCEMENTS: • Cook County will start accepting mail ballot applications on February 26 for the April 7, 2015 Consolidated Election; applications available online through Cook County Clerk's website or in person; contact the City Clerk's Office for the application; • March 10 is the last day to register to vote in the City Clerk's Office; • Early Voting will take place March 23 — April 4 (Monday through Saturday from 9 a.m. to 5 p.m.) in City Hall; • Spring, 2016 — Early Voting will take place at the Des Plaines Public Library; • City Clerk's section of the City website is updated as information becomes available; • Cook County Clerk's Office will send a reminder to all voters of polling location prior to Election Day, April 71" CONSENT Motion by Brookman, seconded by Walsten, to establish the Consent Agenda AGENDA: except for Items 2, 2a, 5 and 5a. Motion declared carried. Motion by Smith, seconded by Brookman, to approve Consent Agenda. Upon roll call, the vote was: AYES: 7-Haugeberg, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Robinson Page 3 of 9 2/17/15 CONSENT Motion declared carried. AGENDA: (Cont'd) Staff recommendations and requests were approved; Resolutions R-31-15, R- 32-15, R-34-15, R-35-15, R-36-15 and R-41-15 were adopted; Ordinance M-5- 15 was placed on First Reading and Ordinances M-4-15 and M-8-15 were adopted. 2015 Motion by Smith, seconded by Brookman, to place on First Reading Ordinance APPROPRIATION: M-5-15, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY Consent THE EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, Agenda ILLINOIS FOR MUNICIPAL PURPOSES DESIGNATED AS THE "ANNUAL APPROPRIATION ORDINANCE" FOR THE FISCAL YEAR Ordinance BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015, M-5-15 Motion declared carried as approved unanimously under Consent Agenda. APPROVE Alderman Brookman requested this Item be removed from Consent Agenda. LETTER/ IDOT/ LEE -FOREST Director of Public Works and Engineering Oakley explained the Lee -Forest SIGNAL: signalization project and answered questions from the Aldermen. Resolution Moved by Brookman, seconded by Charewicz, to approve Letter of R-30-15 Concurrence with the Illinois Department of Transportation for the Lee -Forest Signalization Project; and further adopt Resolution R-30-15, A RESOLUTION APPROVING THE EXECUTION OF A LETTER OF CONCURRENCE WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE TRAFFIC SIGNALIZATION PROJECT AT LEE STREET AND FOREST AVENUE. Upon roll call, the vote was: AYES: 7-Haugeberg, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Robinson Motion declared carried. AWARD BID/ Moved by Smith, seconded by Brookman, to concur with Staff recommendation DISPOSAL OF to award bid for the disposal of spoils and hauling of aggregate materials to MQ SPOILS/ Sewer and Water Contractors, Inc., 4323 North Central Avenue, Chicago, HAULING Illinois 60634 for a 3 -Year Contract in the amount of $360,005.00 (Year 1 - AGGREGATE $111,740.00; Year 2 - $122,885.00; and Year 3 - $125,380.00) (Budgeted MATERIALS: Funds — Water and General Funds); and further recommend to adopt Resolution Consent R-31-15, A RESOLUTION APPROVING A CONTRACT WITH MQ SEWER Agenda AND WATER CONTRACTORS, INC., FOR THE PURCHASE OF AGGREGATE MATERIALS AND THE DISPOSAL OF SPOILS. Motion Resolution declared carried as approved unanimously under Consent Agenda. R-31-15 AWARD BID/ Moved by Smith, seconded by Brookman, to concur with Staff recommendation 2015-2017 to award bid for electrical maintenance and repair services on an as -needed ELEC. MAINT. basis to Argon Electric Company, Inc., 1700 Leider Lane, #100, Buffalo Grove, AND REPAIR Illinois 60089 for a 3 -Year Contract per the submitted yearly labor rate with the jp- Page 4 of 9 2/17/15 SVCS: total not -to -exceed $15,000 annually (Budgeted Funds — Facilities & Consent Grounds/Repair and Maintenance Account); and further recommend to adopt Agenda Resolution R-32-15, A RESOLUTION APPROVING A CONTRACT WITH ARGON ELECTRIC COMPANY, INC., FOR ELECTRICAL REPAIR Resolution WORK. Motion declared carried as approved unanimously under Consent R-32-15 Agenda. AWARD BID/ Alderman Charewicz requested this Item be removed from Consent Agenda. 2015-2017 PLUMBING Director of Public Works and Engineering Oakley answered questions from the MAINT. AND Aldermen. REPAIR SVCS: Consent Following discussion, moved by Walsten, seconded by Smith, to award bid for Agenda plumbing maintenance and repair services on an as -needed basis to Core Mechanical, Inc., 2650 W. Montrose Avenue, Chicago, Illinois 60618 for a 3 - Resolution Year Contract per the Submitted Yearly Labor Rate with the Total Not -to - R -33-15 Exceed $15,000 annually (Budgeted Funds — Facilities & Grounds/Repair and Maintenance Account); and adopt Resolution R-33-15, A RESOLUTION APPROVING A CONTRACT WITH CORE MECHANICAL, INC., FOR PLUMBING MAINTENANCE AND REPAIR SERVICES. It was the consensus of the aldermen to waive the Council rules to allow public input. There were no objections. Ms. Connie Doyle, Owner of Aggressive Plumbing, addressed the City Council stating Aggressive Plumbing was the contractor for 2014 and there have not been any service issues; the prevailing wage has not been reduced; she requested consideration by the Council to award the bid to Aggressive Plumbing. Moved by Charewicz, seconded by Walsten, for a substitute motion to amend Resolution R-33-15 with the wording "in the best interest of the City" and to send this item back to Staff to provide the Council with additional information and options. Upon roll call, the vote was: AYES: 7-Haugeberg, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: I -Robinson Motion declared carried. APPROVE PROF. Moved by Smith, seconded by Brookman, to concur with Staff recommendation SVCS./ PARKING to approve professional services master contract with Walker Restoration DECKS: Consultants, 505 Davis Road, Elgin, IL 60123, and Task Orders #1 and #2 in Consent the respective amounts of $24,800 and $12,000 for Repairs to Metropolitan Agenda Square, Library and Civic Center Parking Decks (Budgeted Funds — TIF #1/Professional Services and Capital Projects/Professional Services); and Resolution further recommend to adopt Resolution R-34-15, A RESOLUTION R-34-15 APPROVING A MASTER CONTRACT WITH WALKER RESTORATION CONSULTANTS FOR PROFESSIONAL ENGINEERING SERVICES, TASK Je Page 5 of 9 2/17/15 R-34-15 ORDER NO. 1 FOR ENGINEERING DESIGN SERVICES, AND TASK (Cont'd) ORDER NO. 2 FOR CONSTRUCTION ADMINISTRATION AND OBSERVATION SERVICES FOR REPAIRS TO THE CITY'S PARKING STRUCTURES. Motion declared carried as approved unanimously under Consent Agenda. APPROVE PROF. Moved by Smith, seconded by Brookman, to concur with Staff recommendation SVCS./ to approve professional services master contract with HR Green, Inc., 420 ALGONOUIN RD. North Front Street, Suite 100, McHenry, IL 60050, and Task Order #2 for AND repairs to the Algonquin Road and Washington Street Bridges and to the Levee WASHINGTON 50 Flood Wall in the amount of $17,934.85 (Budgeted Funds — Capital ST. BRIDGES/ Projects/Professional Services and CIP Water/Sewer/Professional Services); LEVEE 50 FLOOD and further recommend to adopt Resolution R-35-15, A RESOLUTION WALL: APPROVING A MASTER CONTRACT WITH HR GREEN, INC., FOR Consent PROFESSIONAL ENGINEERING SERVICES AND TASK ORDER NO. 2 Agenda FOR DESIGN ENGINEERING SERVICES FOR REPAIRS TO THE ALGONQUIN ROAD AND WASHINGTON STREET BRIDGES AND THE Resolution LEVEE 50 FLOOD WALL. Motion declared carried as approved unanimously R-35-15 under Consent Agenda. APPROVE Moved by Smith, seconded by Brookman, to concur with Staff recommendation DESIGN/ to approve professional services master contract with Architectural Consulting CONSULTING Group, Ltd., 303 North Northwest Highway, Suite 205, Barrington, IL 60010 PROF. SVCS.: (no cost associated with master contract); and further recommend to adopt Consent Resolution R-36-15, A RESOLUTION APPROVING A MASTER Agenda CONTRACT WITH ARCHITECTURAL CONSULTING GROUP, LTD., FOR ARCHITECTURAL SERVICES. Motion declared carried as approved Resolution unanimously under Consent Agenda. R-36-15 APPROVE 2ND Moved by Smith, seconded by Brookman, to concur with Staff recommendation YEAR (2015) to approve second year expenditure of parkway tree maintenance contract with EXPENDITURES/ Trees "R" Us, Inc., P.O. Box 6014, Wauconda, IL 60084 in the amount of PARKWAY TREE $400,000 (Budgeted Funds — Streets & Grounds Maintenance); and further MAINTENANCE: recommend to adopt Resolution R-41-15, A RESOLUTION AUTHORIZING Consent THE EXPENDITURE OF FUNDS UNDER A TREE MAINTENANCE Agenda CONTRACT WITH TREES "R" US, INC. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-41-15 ADVERTISE BID/ Moved by Smith, seconded by Brookman, to concur with Staff recommendation 2015-2016 to authorize City Clerk to advertise for bid the 2015-2016 landscape LANDSCAPE maintenance services contract. Motion declared carried as approved MAINT. SVCS.: unanimously under Consent Agenda. Consent Agenda ADVERTISE BID/ Moved by Smith, seconded by Brookman, to concur with Staff recommendation 2015 ANNUAL PURCHASE/ DELIVERY/ REPLACE FIRE HYDRANTS: Consent Agenda ADVERTISE BID/ RESTORATION OF PARKWAYS: Consent Agenda Page 6 of 9 2/17/15 to authorize City Clerk to advertise for bid the 2015 annual purchase and delivery of replacement fire hydrants. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Brookman, to concur with Staff recommendation to authorize City Clerk to advertise for bid the restoration of parkways on an as - needed basis. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISE BID/ Moved by Smith, seconded by Brookman, to concur with Staff recommendation DEMOLITION/ to authorize City Clerk to advertise for bid the demolition of City -owned 2985 MANNHEIM property at 2985 Mannheim Road as preparation for the issuance of the Request RD.: for Proposal (RFP) for Tax Increment Financing (TIF) District #7. Motion Consent declared carried as approved unanimously under Consent Agenda. Agenda ADVERTISE BID/ Moved by Smith, seconded by Brookman, to concur with Staff recommendation 2015 CIP to authorize City Clerk to advertise for bid 2015 Capital Improvement Plan IMPROVEMENTS (CIP) Concrete Improvements, 2015 CIP Street & Utility Improvements — / CONTRACTS A, Contract A, 2015 CIP Algonquin Sanitary Sewer — Contract B, and 2015 CIP B AND C: Street & Utility Improvements — Contract C. Motion declared carried as Consent approved unanimously under Consent Agenda. Agenda ADVERTISE BID/ Moved by Smith, seconded by Brookman, to concur with Staff recommendation CONSTRUCTION/ to authorize City Clerk to advertise for bid construction of an addition to the ADDITION utility garage at Fire Station #63. Motion declared carried as approved UTILITY unanimously under Consent Agenda. GARAGE/ FIRE STA. #63: Consent Agenda ORDINANCE Moved by Smith, seconded by Brookman, to adopt Ordinance M-4-15, AN M-4-15 ORDINANCE AUTHORIZING THE DISPOSITION OF SURPLUS APPROVE PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. REQUEST TO Motion declared carried as approved unanimously under Consent Agenda. DISPOSE/ RECYCLE TECH. EQUIP.: Consent Agenda ORDINANCE Moved by Smith, seconded by Brookman, to adopt Ordinance Z-8-15, AN Page 7 of 9 2/17/15 Z-8-15 ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE GOND. USE/ OPERATION OF AN OFFICE IN THE C-1 ZONING DISTRICT AT 1383 1383 PROSPECT PROSPECT AVENUE, DES PLAINES, ILLINOIS (CASE #14 -091 -CU). AVE.: Motion declared carried as approved unanimously under Consent Agenda. Consent Agenda MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Sayad, Chair WARRANT Alderman Sayad did not agree with paying the invoices submitted by Holland REGISTER: & Knight in the total amount of $22,997.93 from the Warrant Register of February 17, 2015 because he feels the costs are too high to the residents. MUNICIPAL ELECTRIC AGGREGATION: Moved by Rodd, seconded by Charewicz, to recommend to the City Council approval of the February 17, 2015 — Warrant Register, in the total amount of $18,871,376.90; and further recommend that Resolution R-38-15 be adopted at appropriate time this evening. Motion declared carried. Alderman Sayad agreed with payment of the items on the Warrant Register of February 17, 2015, with the exception of the invoices from Holland & Knight in the total amount of $22,997.93 and Alderman Smith recused himself from approving all invoices from Holland & Knight due to a conflict of interest (a professional relationship with one of the attorneys). Director of Public Works and Engineering Oakley reviewed his Memorandum of January 12, 2015 regarding Municipal Electric Aggregation and an agreement with Northern Illinois Municipal Electric Collaborative (NIMEC) for consulting services. Director of Public Works and Engineering Oakley and Ms. Sharon Durling from NIMEC answered questions from the Aldermen. Moved by Charewicz, seconded by Brookman, to recommend to the City Council sending this item back to Staff in Engineering. Motion declared carried. PUBLIC WORKS — Alderman Smith, Chair REFUND/ Following discussion, moved by Charewicz, seconded by Haugeberg, to RESIDENT COST recommend to the City Council approval to refund the cost share for 58 SHARE/ parkway trees in the total amount of $2,900.00 to reimburse to thea ected REPLACE property owners. Motion declared carried. / TREES: r LEGAL AND LICENSING — Alderman Brookman, Chair Page 8 of 9 2/17/15 DISCUSSION/ Alderman Brookman expressed his concerns regarding the medical risks and PENGUIN liability for the City which may occur as a result of the Penguin Plunge event. PLUNGE EVENT: Resident Ron Moore addressed the Committee of the Whole stating that the Penguin Plunge is not a good idea; some people die in winter from shoveling snow from heart attacks; this could happen to those participating in the event. Resident Gene Fregetto addressed the Committee of the Whole stating his concerns about risk to the City for the Penguin Plunge; legal counsel should give the Council an opinion regarding the risks. Moved by Charewicz for a substitute motion to hold the Penguin Plunge at the Tap House Grill. Motion FAILED due to lack of a second. Moved by Smith, seconded by Rodd, for the Mayor to reconsider the event and come up with an alternative event which does not include undue risk. Upon roll call, the vote was: AYES: 6-Haugeberg, Rodd, Sayad, Brookman, Walsten, Smith NAYS: 1-Charewicz ABSENT: 1 -Robinson Motion declared carried. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. NEW BUSINESS: WARRANT Moved by Rodd, seconded by Brookman, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R-38-15, 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-38-15 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $18,871,376.90. Upon roll call, the vote was: AYES: 7-Haugeberg, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Robinson Motion declared carried. Alderman Sayad agreed with payment of the items on the Warrant Register of February 17, 2015, with the exception of the invoices from Holland & Knight in the total amount of $22,997.93. Alderman Smith recused himself from approving all invoices from Holland & Knight due to a conflict of interest Page 9 of 9 2/17/15 MUNICIPAL Moved by Sayad, seconded by Charewicz, to concur with recommendation of ELECTRIC Committee of the Whole to send the Agreement with Northern Illinois AGGREGATION: Municipal Electric Collaborative (NIMEC) back to Staff in Engineering for additional information. Motion declared carried. Resolution R-39-15 REFUND/ Moved by Smith, seconded by Walsten, to concur with recommendation of RESIDENT COST Committee of the Whole to adopt Resolution R-39-15, A RESOLUTION SHARE/ APPROVING REFUNDS TO PROPERTY OWNERS FOR PAYMENTS REPLACE MADE TO THE CITY FOR THE REPLACEMENT OF TREES PLANTED TREES: IN CITY PARKWAYS. Upon roll call, the vote was: AYES: 7-Haugeberg, Rodd, Sayad, Resolution Brookman, Walsten, Smith, Charewicz R-40-15 NAYS: 0 -None ABSENT: 1 -Robinson Motion declared carried. PENGUIN Moved by Brookman, seconded by Walsten, to concur with recommendation of PLUNGE EVENT: Committee of the Whole asking the Mayor to reconsider the scope of the Penguin Plunge event and come up with an alternative event which does not include undue risk. Upon roll call, the vote was: AYES: 6-Haugeberg, Rodd, Sayad, Brookman, Walsten, Smith NAYS: 1-Charewicz ABSENT: 1 -Robinson Motion declared carried. ADJOURNMENT: Moved by Walsten, seconded by Rodd, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:27 p.m. Gloria J. Ludwig, MMC — CITYCLERK APPROVED: DAY • <I�� .