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02/16/2016MINUTES 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 16, 2016 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 7:01 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, February 16, 2016. ROLL CALL: Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. Alderman Haugeberg was absent. A quorum was present. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Community and Economic Development Sakas, Economic Development Coordinator Pruss, Fire Chief Wax, Police Chief Kushner, Director of Public Works and Engineering Oakley, and General Counsel Friedman. PRAYER AND The opening prayer was given by City Clerk Ludwig, followed by the Pledge of PLEDGE: Allegiance to the Flag of the United States of America. RECOGNITION: POLICE DEPARTMENT PROMOTIONS Police Chief Kushner announced Police Department promotions and Mayor Bogusz administered the Oath of Office to the following personnel: • JEFF JACOBY - SERGEANT TO COMMANDER, PATROL DIVISION • DAN SHANAHAN - SERGEANT TO COMMANDER, PATROL DIVISION • COLIN JOHNSON - POLICE OFFICER TO SERGEANT, PATROL DIVISION • JOAN PENZE - POLICE OFFICER TO SERGEANT, PATROL DIVISION POLICE DEPARTMENT NEW HIRES Police Chief Kushner introduced the Police Department's new hires and Mayor Bogusz administered the Oath of Office to the following personnel: • DANIEL ALONSO • NICOLE MARTIN • JAMES MARTINEZ FIRE DEPARTMENT • RECOGNITION OF ART GUILD MEMBERS FOR REJUVENATING FIREFIGHTER ROBERT COOMBS MEMORIAL STATUE LOCATED AT FIRE STATION 63 Fire Chief Wax recognized Des Plaines Art Guild members Rhonda Popko, Kathy Passi and Joyce Kearns and presented a Certificate of Appreciation acknowledging their time, energy and talents used in rejuvenating the Firefighter Memorial Statue of Robert Coombs. PUBLIC HEARING/ 2016 APPROPRIATION ORDINANCE: CITIZEN PART.: CITY CLERK ANNOUNCEMENTS: MAYOR'S ANNOUNCEMENT REGARDING THE ISSUE OF HEALTH INSURANCE FOR ELECTED OFFICIALS: Page 2 of 9 2/16/16 MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, TUESDAY, FEBRUARY 16, 2016 Mayor Bogusz called the Public Hearing to order at 7:19 p.m. The Public Hearing was being held pursuant to legal notice published in the Journal & Topics newspaper on Wednesday, February 3, 2016 regarding the Proposed 2016 Appropriation Ordinance. Assistant City Manager/Director of Finance reviewed her Memorandum dated February 4, 2016 regarding the 2016 Appropriation Ordinance. There were no comments or questions from the public. The Public Hearing was adjourned at 7:20 p.m. The City Council reconvened at 7:21 p.m. Media Specialist Soderberg addressed the City Council giving information regarding the Arts Council. Mr. Larry Arkus representing his father who is a resident addressed the City Council asking for updates on the River Road construction and the Des Plaines River. City Clerk Ludwig announced that Early Voting for the Primary Election on March 15, 2016 will begin at City Hall on Monday, February 29 and continue through Monday, March 14 as well as other announcements of community events taking place in February and March. Mayor Bogusz announced that effective beginning February 16, 2016 that City paid health benefits and dental benefits for current and future elected officials as of the current respective terms will no longer be offered by the City of Des Plaines. Discussion was held. General Counsel Friedman recommended to the City Council that an ordinance be adopted. Resident Eric Suevel addressed the City Council stating that his father who was Chair of the Citizens Safety Board in the late 1960's was offered insurance at that time. Mr. Larry Arkus addressed the City Council asking about eligibility for health insurance. HEALTH INSURANCE FOR ELECTED OFFICIALS: (Cont'd) CONSENT AGENDA: 2016 APPROPRIATION ORDINANCE: Consent Agenda Ordinance M-6-16 APPROVE SECOND YEAR EXPENDITURE/ Page 3 of 9 2/16/16 Moved by Charewicz, seconded by Sayad, to direct Staff to prepare an ordinance for consideration by the Council at the next meeting that would maintain the existing health benefits for elected officials. Motion by Rodd to amend the motion that benefits be offered at 100% cost to the insured. There was no second and the motion was not considered. Upon roll call for the motion to direct Staff to prepare an ordinance to for consideration by the Council at the next meeting that would maintain the existing health benefits for elected officials, the vote was: AYES: 5 -Robinson, Sayad, Brookman, Chester, Charewicz NAYS: 2 -Rodd, Smith ABSENT: 1-Haugeberg Motion declared carried. General Counsel Friedman left the meeting at approximately 8:20 p.m. and General Counsel Weiss entered the meeting at approximately 8:21 p.m. Motion by Rodd, seconded by Sayad, to establish the Consent Agenda. Motion declared carried. Motion by Robinson, seconded by Charewicz, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Haugeberg Motion declared carried. Staff recommendations and requests were approved; Ordinance M-6-16 was placed on First Reading; Resolutions R-32-16, R-33-16, R-34-16, R-35-16, R- 38-16, R-39-16 and R-40-16 were adopted; Ordinance Z-1-16 was adopted. Closed Session Minutes of February 1, 2016 were approved. Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to adopt the 2016 Appropriation Ordinance; and further recommend to place on First Reading Ordinance M-6-16, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR MUNICIPAL PURPOSES DESIGNATED AS THE "ANNUAL APPROPRIATION ORDINANCE" FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to approve second year expenditure of Landscape Maintenance Services Contract with Beary Landscaping, Inc., 1308 Rand Road, Des Plaines, Illinois in the yearly amount of $234,199, with additional labor cost of $65,801 LANDSCAPE MAINT. SVCS.: Consent Agenda Resolution R-32-16 AWARD BID/ O'HARE LAKE PUMP STATION IMPROVEMENTS: Consent Agenda Resolution R-33-16 APPROVE MASTER CONTRACT/ PROF. ENG. SVCS.: Consent Agenda 4a Resolution R-34-16 APPROVE MASTER CONTRACT/ PROF. ENG. SVCS.: Consent Agenda 4b Resolution R-38-16 APPROVE MASTER CONTRACT/ PROF. ENG. SVCS.: Consent Agenda 4c Resolution R-39-16 Page 4 of 9 2/16/16 (at the hourly maintenance rate of $45/hour) for a total of $300,000 (Budgeted Funds — TIF #1 Downtown City Maintenance and Facilities and Grounds/Miscellaneous Contractual Services); and further recommend to adopt Resolution R-32-16, A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS UNDER A LANDSCAPE MAINTENANCE CONTRACT WITH BEARY LANDSCAPING, INC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to award bid for the O'Hare Lake Pump Station Improvements Project to Wunderlich Malec Services, Inc., 5501 Feld Road, Minnetonka, Minnesota 55343 in the amount of $56,835.00 (Budgeted Funds — Water/Sewer Fund/Improvements); and further recommend to adopt Resolution R-33-16, A RESOLUTION APPROVING A CONTRACT WITH WUNDERLICH MALEC SERVICES, INC., FOR O'HARE LAKE PUMPING STATION IMPROVEMENTS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to approve Master Contract with Christopher B. Burke Engineering, Ltd., 9575 W. Higgins Road, Rosemont, Illinois; and further recommend to adopt Resolution R-34-16, A RESOLUTION APPROVING A MASTER CONTRACT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD., FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to approve Master Contract with Gabriel Laboratories, Ltd., d/b/a Gabriel Environmental Services, 1421 North Elston Avenue, Chicago, Illinois; and further recommend to adopt Resolution R-38-16, A RESOLUTION APPROVING A MASTER CONTRACT WITH GABRIEL LABORATORIES, LTD., D/B/A GABRIEL ENVIRONMENTAL SERVICES FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to approve Master Contract with Gewalt Hamilton Associates, Inc., 850 Forest Edge Drive, Vernon Hills, Illinois; and further recommend to adopt Resolution R-39-16, A RESOLUTION APPROVING A MASTER CONTRACT WITH GEWALT HAMILTON ASSOCIATES, INC., FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. APPROVE Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to approve Master Contract with URS Corporation, 100 South MASTER CONTRACT/ PROF. ENG. SVCS.: Consent Agenda 4d Resolution R-40-16 APPROVE ONE- YEAR RENEWAL/ PROF. SVCS. CONSULTANT: Consent Agenda Resolution R-35-16 APPROVE PURCHASE/ WATER METERS/ INSTALL SVCS.: Resolution R-36-16 PRESENTATION/ 2014 MFT COMPLIANCE REVIEW: Consent Agenda ADVERTISE BID/ HOT MIX ASPHALT UNIT PRICES - 2016: Consent Agenda Page 5 of 9 2/16/16 Wacker Drive, Chicago, Illinois; and further recommend to adopt Resolution R- 40-16, A RESOLUTION APPROVING A MASTER CONTRACT WITH URS CORPORATION FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to approve execution of a one-year renewal professional services consultant contract with Kane, McKenna, and Associates, Inc., 150 North Wacker Drive, Suite 1600, Chicago, Illinois 60606 in the not -to -exceed maximum annual amount of $44,000; and further recommend to adopt Resolution R-35-16, A RESOLUTION APPROVING FIRST AMENDMENT TO AN AGREEMENT WITH KANE, MCKENNA AND ASSOCIATES, INC. FOR CONSULTING SERVICES RELATED TO THE CITY TIF DISTRICTS. Motion declared carried as approved unanimously under Consent Agenda. Discussion was held. Moved by Charewicz, seconded by Rodd, to approve purchase of Sensus Water Meters and installation services on an as -needed basis from authorized distributor, HD Supply Waterworks, 220 South Westgate Drive, Carol Stream, Illinois (Budgeted Funds — Water System Fund/Miscellaneous Contractual Services - $100,000 and Water Meters - $420,000) and to adopt Resolution R- 36-16, A RESOLUTION AUTHORIZING A NEW AGREEMENT WITH HD SUPPLY WATERWORKS, LTD., FOR THE PURCHASE AND INSTALLATION OF SENSUS WATER METERS. Upon roll call, the vote was: AYES: 6 -Robinson, Rodd, Sayad, Chester, Smith, Charewicz NAYS: 1 -Brookman ABSENT: 1-Haugeberg Motion declared carried. Assistant City Manager/Director of Finance Wisniewski's Memorandum of January 28, 2016 regarding the 2014 Motor Fuel Tax Compliance Review No. 70 covering the receipt and disbursement of the MFT Fund by the City for the period beginning January 1, 2014 and ending December 31, 2014 directed the City Clerk to file this report as a permanent record. Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to authorize City Clerk to advertise for bid Hot Mix Asphalt Unit Prices for 2016 with a proposed bid opening date of March 10, 2016 at 10:00 a.m. Motion declared carried as approved unanimously under Consent Agenda. Page 6 of 9 2/16/16 ORDINANCE Moved by Robinson, seconded by Charewicz, to adopt Ordinance Z-1-16, AN Z-1-16 ORDINANCE APPROVING MAJOR VARIATIONS FROM SECTION 12-11- 860 ELMHURST 6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW A ROAD: WALL SIGN AND CANOPY SIGN AT 860 ELMHURST ROAD, DES Consent PLAINES, ILLINOIS. (CASE #15-083-V). Motion declared carried as Agenda approved unanimously under Consent Agenda. MINUTES: Alderman Smith requested the City Clerk amend page 11 of the Minutes of the Regular Meeting of the City Council held February 1, 2016 to reflect that he was not changing his vote on R -25A-16, but simply noting that upon reflection he now supports that Resolution, as adopted. Moved by Smith, seconded by Charewicz, to approve Minutes of the Regular Meeting of the City Council held February 1, 2016, as amended. Motion declared carried. MINUTES: Moved by Robinson, seconded by Charewicz, to approve Minutes of the Closed Consent Session of the Regular Meeting of the City Council held February 1, 2016. Agenda Motion declared carried as approved unanimously under Consent Agenda. WARRANT REGISTER: 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 Rodd, seconded by Chester to recommend to the City Council approval of the February 16, 2016 — Warrant Register, in the total amount of $19,171,640.36; and further recommend that Resolution R-37-16 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair TEXT Director of Community and Economic Development Sakas reviewed his AMENDMENT/ Memorandum of January 28, 2016 regarding the City Code amendment regarding CITY CODE/ containers in the public right-of-way and Zoning Text amendment and City Code PORTABLE amendment regarding storage Containers on private property, Citywide, Case STORAGE #16 -007 -TA, Ordinance M-7-16. CONTAINERS: Discussion was held. Moved by Robinson, seconded by Sayad, to recommend to the City Council approval of Ordinance M-7-16 at appropriate time this evening. Motion de lared carried. AMEND CITY CODE/ MOTOR FUEL TAX/ ADD COMPRESSED NATURAL GAS CATEGORY: Ordinance M-2-16 INTERLOCAL AGREEMENT/ DES PLAINES SENIOR CENTER/ MEALS ON WHEELS PROGRAM: INTERLOCAL AGREEMENT/ DES PLAINES PARK DISTRICT/ DES PLAINES SENIOR CENTER/ Page 7 of 9 2/16/16 This item was deferred from the February 1, 2016 City Council Agenda. Economic Development Coordinator Pruss reviewed her Memorandum of February 3, 2016 regarding consideration of an ordinance amending Title 15 of the Des Plaines City Code regarding Motor Fuel Tax and answered questions from the Aldermen. Discussion was held. Moved by Brookman, seconded by Chester, to change the Motor Fuel Tax for Compressed Natural Gas from 4% to 2%. Following discussion, Alderman Brookman withdrew his motion and Alderman Chester withdrew his second. Moved by Brookman, seconded by Chester, to direct Staff to change Ordinance M-2-16 Motor Fuel Tax from 4% to 2%. Motion declared failed. Aldermen Brookman, Chester and Smith agreed. Aldermen Robinson, Rodd, Sayad and Charewicz did not agree. Moved by Robinson, seconded by Charewicz, to recommend to the City Council approval of Ordinance M-2-16, AN ORDNANCE AMENDING TITLE 15 OF THE DES PLAINES CITY CODE REGARDING MOTOR FUEL TAX. Motion declared carried. Aldermen Robinson, Sayad, Smith and Charewicz agreed. Aldermen Rodd, Brookman and Chester did not agree. COMMUNITY SERVICES — Alderman Chester, Chair Alderman Chester reviewed the Assistant City Manager/Director of Finance Wisniewski's Memorandum of January 27, 2016 regarding an Interlocal Agreement between the City of Des Plaines and the Des Plaines Community Senior Center (a/k/a the Frisbie Senior Center) to provide the Meals on Wheels program, as well as authorize subsidy funding in the budgeted amount of $37,500.00 for the 2016 fiscal year. Mr. Steve Samuelson, Executive Director of the Frisbie Senior Center, appeared before the City Council to answer questions. Moved by Sayad, seconded by Charewicz, to recommend to the City Council approval of Resolution R-22-16 at appropriate time this evening. Motion declared carried. Alderman Chester reviewed the Assistant City Manager/Director of Finance Wisniewski's Memorandum of January 27, 2016 regarding an Interlocal Agreement between the City of Des Plaines and the Des Plaines Community Senior Center (a/k/a the Frisbie Senior Center) as well as authorize subsidy funding in the budgeted amount of $50,000.00 for the 2016 fiscal year. .� Page 8 of 9 2/16/16 FUNDING OF Mr. Steve Samuelson, Executive Director of the Frisbie Senior Center, appeared SENIOR CENTER: before the City Council to answer questions. NEW BUSINESS: WARRANT REGISTER: Moved by Sayad, seconded by Robinson, to recommend to the City Council approval of Resolution R-23-16 at appropriate time this evening. Motion declared carried. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. 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 Smith, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Resolution R-37-16, 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: $19,171,640.36. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Haugeberg Motion declared carried. TEXT Moved by Charewicz, seconded by Robinson, to concur with recommendation of AMENDMENT/ Committee of the Whole to place on First Reading Ordinance M-7-16, AN CITY CODE/ ORDINANCE AMENDING THE DES PLAINES CITY CODE AND THE PORTABLE ZONING ORDINANCE OF 1988 REGARDING THE PLACEMENT OF STORAGE STORAGE CONTAINERS IN RIGHTS-OF-WAY AND ON RESIDENTIAL CONTAINERS: PROPERTY (CASE #16 -007 -TA). Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Ordinance Brookman, Chester, Smith, Charewicz M-7-16 NAYS: 0 -None ABSENT: 1-Haugeberg Motion declared carried. ORDINANCE Moved by Sayad, seconded by Robinson, to advance to Second Reading and M-7-16 adopt Ordinance M-7-16, AN ORDINANCE AMENDING THE DES PLAINES TEXT CITY CODE AND THE ZONING ORDINANCE OF 1988 REGARDING THE AMENDMENT/ PLACEMENT OF STORAGE CONTAINERS IN RIGHTS-OF-WAY AND ON CITY CODE/ RESIDENTIAL PROPERTY (CASE #16 -007 -TA). Upon roll call, the vote was: PORTABLE AYES: 4 -Robinson, Sayad, (74e STORAGE Chester, Charewicz CONTAINERS: NAYS: 3 -Rodd, Brookman, Smith ABSENT: 1-Haugeberg AMEND CITY CODE/ MOTOR FUEL TAX/ ADD COMPRESSED NATURAL GAS CATEGORY: Ordinance M-2-16 INTERLOCAL AGREEMENT/ DES PLAINES SENIOR CENTER/ MEALS ON WHEELS PROGRAM: Resolution R-22-16 INTERLOCAL AGREEMENT/ DES PLAINES PARK DISTRICT/ DES PLAINES SENIOR CENTER/ FUNDING OF SENIOR CENTER: Resolution R-23-16 ADJOURNMENT: Page 9 of 9 2/16/16 Motion declared failed. Moved by Charewicz, seconded by Sayad, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance M-2-16, AN ORDINANCE AMENDING TITLE 15 OF THE DES PLAINES CITY CODE REGARDING MOTOR FUEL TAX. Upon roll call, the vote was: AYES: 4 -Robinson, Sayad, Smith, Charewicz NAYS: 3 -Rodd, Brookman, Chester ABSENT: 1-Haugeberg Motion declared carried. Moved by Chester, seconded by Sayad, to concur with recommendation of Committee of the Whole to adopt Resolution R-22-16, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE DES PLAINES COMMUNITY SENIOR CENTER FOR THE PROVISION OF FUNDING FOR THE MEALS ON WHEELS PROGRAM. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Haugeberg Motion declared carried. Moved by Chester, seconded by Sayad, to concur with recommendation of Committee of the Whole to adopt Resolution R-23-16, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE DES PLAINES PARK DISTRICT AND THE DES PLAINES COMMUNITY SENIOR CENTER FOR THE PROVISION OF FUNDING FOR SERVICES. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Haugeberg Motion declared carried. Moved by Charewicz, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:24 p.m. APPROVED BY ME THIS a `'r DAY OF I /' AionyArestik. Matt''i .: r441W A u.d Gloria J. Ludwig, MMC — CIL ' CLERK