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03/21/2016CALL TO ORDER: ROLL CALL: MINUTES 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, MARCH 21, 2016 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 21, 2016. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Economic Development Coordinator Pruss, Fire Chief Wax, Police Chief Kushner, Director of Human Resources Light, Assistant Director of Public Works and Engineering Duddles, Senior Planner Magnum, Civil Engineer Pebbles, General Counsel Friedman. CLOSED SESSION: PRAYER AND PLEDGE: PRESENTATION: Moved by Chester and seconded by Haugeberg to go into Closed Session to discuss Collective Bargaining and Personnel -City Manager Review. call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 Motion declared carried. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:04 p.m. Upon roll Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present. The opening prayer was given by Arman Rahman of the Baha'i Community, followed by the Pledge of Allegiance to the Flag of the United States of America. Police Chief Kushner presented Life Saving Awards to Officer Harrison and Sergeant Dvorak. Both individuals provided life saving techniques which were significant in preserving the life of an unresponsive subject. PUBLIC HEARING/ 2016 AMEND CONSOLIDATED PLAN & ACTION PLAN: CITIZEN PART.: CONSENT AGENDA: AWARD BID/ ENGINEERING SERVICES S -CURVE FEASIBILTY STUDY: Consent Agenda Ordinance R-55-16 Page 2 of 8 3/21/16 MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, MARCH 21, 2016 Mayor Bogusz called the Public Hearing to order at 7:09 p.m. The Public Hearing was being held pursuant to legal notice published in the Journal & Topics newspaper on Friday, March 4, 2016 regarding the Substantial Amendment to the Consolidated Plan and Action Plan based on joining Cook County HOME Consortium. Economic Development Coordinator Lauren Pruss reviewed her Memorandum dated March 10, 2016 regarding the Consolidated Plan and Action Plan. There were no comments or questions from the public. The Public Hearing was adjourned at 7:10 p.m. The City Council reconvened at 7:11 p.m. Media Specialist Soderberg addressed the City Council to provide information regarding the Arts Council Scholarship Program. Motion by Brookman, seconded by Rodd, to establish the Consent Agenda except for Items 1 and 1 a. Motion declared carried. Motion by Haugeberg, seconded by Chester, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 Motion declared carried. Staff recommendations and requests were approved. Resolutions R-56-16, R-57-16, R-59-16, R-60-16 were adopted; Regular Minutes February 16, 2016 and Regular Minutes March 7, 2016 were approved. Moved by Charewicz, seconded by Robinson to approve Professional Services Agreement with V3 Companies of Illinois, Ltd., 7325 Janes Avenue, Woodridge, IL in the Not -to -Exceed Amount of $142,355 (Task Order 5 under the Master Contract) for Purposes of Engineering Services and Conducting the S -Curve Pedestrian/Bike Underpass Feasibility Study. Budgeted Funds — Capital Project Fund and further recommend to adopt R-55-16 A RESOLUTION APPROVING TASK ORDER NO. 5 WITH V3 COMPANIES OF ILINOIS, LTD., FOR PROFESSIONAL ENGINEERING SERVICES. Director of Public Works and Engineering Duddles answered questions from the Aldermen. AWARD BID/ REPAIR & UTILITY LOCATION OF STREET LIGHTS/ UNDERGROUND WIRING: Consent Agenda Resolution R-56-16 AWARD BID/ 2016 HOT MIX ASPHALT: Consent Agenda Resolution R-57-16 Page 3 of 8 3/21/16 Discussion held. Moved by Brookman, seconded by Sayad, to defer action on the motion for two weeks to allow time for Staff to contact Buckingham Properties, the developer of 800 E. Northwest Hwy., to inquire if they are willing to contribute to all or part of the cost of the Feasibility Study. Residents Wharton Sinkler and Colin Tysoe addressed the Council to comment they felt a Pedestrian Path at this location would be a long-term investment in the community Residents Brian Burkross and Kathy Krus would like the Council to ask Buckingham Properties to contribute to the cost of the study. Call for the Vote moved by Charewicz, seconded by Sayad. Motion declared carried. Upon roll call, the vote was: AYES: 5 -Brookman, Chester, Haugeberg Robinson, Sayad Chester, Smith, Charewicz NAYS: 3 -Smith, Charewicz, Rodd ABSENT: 0 Motion declared carried. Moved by Haugeberg, seconded by Chester, to concur with Staff recommendation to award bid for Repair and Utility Location of Street Lights and Underground Wiring to H&H Electric, 2830 Commerce Street, Franklin Park, IL. Budgeted Funds — Street/Grounds Maintenance Division/Repairs & Maintenance - $25,000 and TIF #1 - $20,000 and further recommend to adopt Resolution R-56-16, A RESOLUTION APPROVING AN AGREEMENT WITH H&H ELECTRIC CO. FOR STREETLIGHT, UTILITY AND OTHER ELECTRICAL REPAIR WORK. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Chester, to concur with Staff recommendation to award bid for the 2016 Purchase of Hot Mix Asphalt to Arrow Road Construction Company, 3401 S. Busse Road, Mt. Prospect, IL in the Not -to -Exceed amount of $170,000. Budgeted Funds — Street Maintenance Supplies/Street R&M - $100,000 and Capital Projects Supplies/Capital Maintenance Account - $70,000 and further recommend to adopt Resolution R-57-16, A RESOLUTION APPROVING AN AGREEMENT FOR THE PURCHASE OF HOT MIX ASPHALT FROM ARROW ROAD CONSTRUCTION, CO. Motion declared carried as approved unanimously under Consent Agenda. �IJ APPROVE MASTER CONTRACT PROF. ENG. SVCS.: Consent Agenda Resolution R-59-16 APPROVE COLLECTIVE BARGAINING AGMT. METROPOLITAN ALLIANCE OF POLICE: Consent Agenda Resolution R-60-16 ADVERTISE BID/ 2016 CONCRETE IMPROVEMENT: Consent Agenda ADVERTISE BID/ 2016 CIP STREET & UTILITY IMPROVMENTS- CONTRACT A: Consent Agenda ADVERTISE BID/ 2016 CIP STREET & UTILITY IMPROVMENTS- CONTRACT B: Consent Agenda MINUTES: Consent Page 4 of 8 3/21/16 Moved by Haugeberg, seconded by Chester, to concur with Staff recommendation to approve Professional Services Master Contract for the Purposes of Leak Detection, Valve Assessment, and Fire Flow Testing Services with M.E. Simpson Co., Inc., 3406 Enterprise Avenue, Valparaiso, IN. No Cost Associated with Master Contract — Work Performed will Require Separate Task Orders and Follow Pricing Schedule in Master Contract; and further recommend to adopt Resolution R-59-16, A RESOLUTION APPROVING A MASTER CONTRACT WITH M.E. SIMPSON CO., INC., FOR PROFESSIONAL ENGINEERING SERVICES Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Chester, to concur with Staff recommendation to Approve Collective Bargaining Agreement with the Metropolitan Alliance of Police (MAP), Des Plaines Command Chapter No. 241; and further recommend to adopt Resolution R-60-16, A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT WITH THE METROPOLITAN ALLIANCE OF POLICE DES PLAINES COMMAND CHAPER NO. 241. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Chester, to concur with Staff recommendation to authorize City Clerk to advertise for 2016 Concrete Improvements MFT -16 -00000 -01 -GM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Chester, to concur with Staff recommendation to authorize City Clerk to advertise for Bid 2016 CIP Street & Utility Improvements — Contract A Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Chester, to concur with Staff recommendation to authorize City Clerk to advertise for Bid 2016 CIP Street & Utility Improvements — Contract B Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Chester, to approve Minutes of the Regular Meeting of the City Council held February 16, 2016. Motion declared carried f� Page 5 of 8 3/21/16 Agenda as approved unanimously under Consent Agenda. WARRANT REGISTER: R-58-16 MAP AMENDMENT/ CITY CODE/ CONDITIONAL USE 1870 BUSSE HWY: Ordinance Z-5-16 AMEND ZONING ORDINANCE/ PERMIT BREWPUBS, BREWERIES AND DISTILLERIES: Ordinance Z-6-16 Moved by Haugeberg, seconded by Chester, to approve Minutes of the Regular Meeting of the City Council held March 7, 2016. Motion declared carried as approved unanimously under Consent Agenda. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Smith, Chair Alderman Sayad stated that he objects to paying invoices from Holland & Knight because we could get them cheaper by an outside or in house service. Moved by Haugeberg seconded by Chester to recommend to the City Council approval of the March 21, 2016 — Warrant Register, in the total amount of $5,311,840.27; and further recommend that Resolution R-58-16 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair Senior Planner Mangum reviewed his Memorandum of February 24, 2016 regarding reclassifying 1870 Busse Highway from M-2 to C-3 Zoning and issuing a Conditional Use Permit for a Commercial School, Case #16 -003 - MAP -CU. Ms. Monika Machej, Petitioner and Mr. Daniel Dowd, attorney for the Petitioner appeared before the City Council to answer questions. Resident Kathy Krus suggested regulations be adopted regarding the height of light poles. Discussion was held. Moved by Haugeberg, seconded by Robinson, to recommend to the City Council approval of Ordinance Z-5-16 at appropriate time this evening. Motion declared carried. Economic Development Coordinator Pruss reviewed her Memorandum of March 10, 2016 regarding Consideration of an Ordinance Amending the Text of the City Zoning Ordinance Regarding Brewpubs, Breweries, and Distilleries and answered questions from the Aldermen. Discussion was held. Moved by Sayad, seconded by Chester, to recommend to the City Council approval of Ordinance Z-6-16 at the appropriate time this evening. Motion declared carried AMEND LIQUOR ORDINANCE/ ALLOW BREWPUBS BREWERIES AND DISTILLERIES: Ordinance M-11-16 AMEND LIQUOR LICENSE REGULATIONS/ PUBLIC ENTITIES: Ordinance M-10-16 UNFINISHED BUSINESS: Page 6 of 8 3/21/16 Economic Development Coordinator Pruss reviewed her Memorandum of March 10, 2016 regarding Consideration of an Ordinance Amending the City Code relating to the Sale of Liquor by Brewpubs, Breweries, and Distilleries and answered questions from the Aldermen. Discussion was held. Moved by Sayad, seconded by Chester, to recommend to the City Council approval of Ordinance M-11-16 at the appropriate time this evening. Motion declared carried Economic Development Coordinator Pruss reviewed her Memorandum of March 10, 2016 regarding Amending the Definition for Class K Governmental Facilities License of Title 4, Chapter 4, Section 4. and answered questions from the Aldermen. Paul Cathey of the Des Plaines Park District appeared before the City Council to answer questions. Discussion was held. Moved by Haugeberg, seconded by Brookman, to recommend to the City Council approval of Ordinance M-10-16 at the appropriate time this evening. Motion declared carried MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Charewicz, seconded by Haugeberg to adopt ORDINANCE M-9-16, AN ORDINANCE AMENDING SECTION 5 OF CHAPTER 7 OF TITLE 1 OF THE CITY CODE REGARDING ELECTED OFFICIAL SALARIES AND COMPENSATION. Discussion was held. Mayor Bogusz requested that the Council Rules be waived to allow public input. There were no objections. Residents Brian Burkross and Mary Rohde are opposed to suspending the health insurance benefit for Elected Officials. Resident Gil Osterson recommended increasing the base salary of the Elected Officials since the health insurance benefit is not equal for all Officials. Upon roll call, the vote was: AYES: 6 -Chester, Charewicz, Haugeberg, Robinson, Sayad, Brookman NAYS: 2 -Smith, Rodd ABSENT 0 Motion declared carried. NEW BUSINESS: WARRANT REGISTER: R-58-16 MAP AMENDMENT/ CITY CODE/ CONDITIONAL USE 1870 BUSSE HWY Ordinance Z-5-16 ORDINANCE Z-5-16 MAP AMENDMENT/ CITY CODE/ CONDITIONAL USE 1870 BUSSE HWY AMEND ZONING ORDINANCE/ PERMIT BREWPUBS, BREWERIES AND DISTILLERIES: Page 7 of 8 3/21/16 Alderman Sayad stated that he objects to paying invoices from Holland & Knight because we could get thein cheaper by an outside or in house service. Moved by Smith, seconded by Chester, to concur with recommendation of Committee of the Whole to adopt Resolution R-58-16, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $5,311,840.27. Upon roll call, the vote was: AYES: 8 -Robinson, Rodd, Sayad, Brookman Chester, Smith, Charewicz, Haugeberg NAYS: 0 -None ABSENT 0 Motion declared carried. Moved by Charewicz, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-5-16, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT AND CONDITIONAL USE PERMIT FOR A COMMERCIAL SCHOOL AT 1870 BUSSE HIGHWAY, DESPLAINES, IL (CASE #16 -003 -MAP -CU). Upon roll call, the vote was: AYES: 8 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz, Haugeberg NAYS: 0 -None ABSENT 0 Motion declared carried. Moved by Charewicz, seconded by Haugeberg, to advance to Second Reading and adopt Ordinance Z-5-16, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT AND CONDITIONAL USE PERMIT FOR A COMMERCIAL SCHOOL AT 1870 BUSSE HIGHWAY, DESPLAINES, IL (CASE #16 -003 -MAP -CU). Upon roll call, the vote was: AYES: 6-Robinson,Sayad, Chester, Charewicz, Haugeberg, Bogusz NAYS: 3 -Rodd, Brookman, Smith ABSENT 0 Motion declared carried. Moved by Charewicz, seconded by Smith, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-6-16, AN ORDINANCE AMENDING THE TEXT OF THE CITY ZONING ORDINANCE REGARDING BREWPUBS, BREWERIES, AND DISTILLERIES. Upon roll call, the vote was: AYES: 8 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz, Haugeberg Ordinance Z-6-16 AMEND LIQUOR ORDINANCE/ ALLOW BREWPUBS BREWERIES AND DISTILLERIES: Ordinance M-11-16 AMEND LIQUOR LICENSE REGULATIONS/ PUBLIC ENTITIES: Ordinance M-10-16 Page 8 of 8 3/21/16 NAYS: 0 -None ABSENT 0 Motion declared carried. Moved by Charewicz, seconded by Robinson, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance M-11-16, AN ORDINANCE AMENDING THE CITY CODE RELATING TO THE SALE OF LIQUOR BY BREPUBS, BREWERIS, AND DISTILLERIES. Upon roll call, the vote was: AYES: 8 -Robinson, Rodd, Sayad, Brookman Chester, Smith, Charewicz, Haugeberg NAYS: 0 ABSENT: 0 Motion declared carried. Moved by Charewicz, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance M-10-16, AN ORDINANCE AMENDING THE CITY CODE RELATING TO LIQUOR LICENSES ISSUED TO UNITS OF LOCAL GOVERNMENT. Upon roll call, the vote was: AYES: 8 -Robinson, Rodd, Sayad, Brookman Chester, Smith, Charewicz, Haugeberg NAYS: 0 ABSENT: 0 Motion declared carried. ADJOURNMENT: Moved by Chester, seconded by Smith, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:17 p.m. APPROVED BY ME THIS 1 ,g''' - DAY OF %1 ;, _ / 016 A‘ / y Matthew J. Bo. MArArxiklailif ' Laura Fast — DEPUTY CITY CLERK