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02/21/2017CALL TO ORDER: 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, TUESDAY, FEBRUARY 21, 2017 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 Tuesday, February 21, 2017. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester and Smith. A quorum was present. Alderman Charewicz was absent. Also present were: Assistant City Manager/Director of Finance Wisniewski, Director of Community and Economic Development McMahon, Senior Planner Bye, Fire Chief Wax, Police Chief Kushner, Director of Public Works and Engineering Oakley, and Associate General Counsel Weiss. EXECUTIVE SESSION: PRAYER AND PLEDGE: PUBLIC HEARING/ 2017 APPROPRIATION ORDINANCE: Moved by Brookman, seconded by Sayad, to enter into Closed Session to discuss Personnel. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith NAYS: 0 -None ABSENT: 1-Charewicz Motion declared carried. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:26 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester and Smith. A quorum was present. Alderman Charewicz was absent. The opening prayer was given by Rev. M.E. Eccles of St. Martin's Episcopal Church, followed by the Pledge of Allegiance to the Flag of the United States of America. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, TUESDAY, FEBRUARY 21, 2017 Mayor Bogusz called the Public Hearing to order at 7:28 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 Wednesday, February 8, 2017. Page 2 of 8 2/21/17 PUBLIC There will be final action on this matter under Items 1 and 1 a on the Consent HEARING/ Agenda later this evening. 2017 APPROPRIATION There were no comments or questions from the aldermen or residents. ORDINANCE: (Cont'd) The Public Hearing was adjourned at 7:30 p.m. The City Council reconvened at 7:31 p.m. PRESENTATION: Healthier Des Plaines Area Project Survey Task Force Chairwoman and Advocate Lutheran General Hospital Director of Community and Health Relations Paula Besler presented the results of the 2016 Healthier Des Plaines Area Project Survey. CITIZEN PART.: Resident Eric Suevel addressed the City Council asking questions about the Fire Department trainer and his time spent in Des Plaines and other communities. Resident Will Soderberg addressed the City Council reminding residents that the Des Plaines Arts Council offers scholarships to students pursuing the arts. CITY CLERK Pursuant to City Code, City Clerk Ludwig opened the sole bid received on ANNOUNCEMENTS: February 9, 2017 for 2017-2019 Fertilizer and Weed Application contract. The bid was submitted by TruGreen, 525 Busse Road, Park Ridge, Illinois 60068 in the amount of $118,478.49. This bid was referred to Staff for review. CONSENT AGENDA: City Clerk Ludwig announced that: • Early Voting will take place at the Des Plaines Public Library starting March 20 through April 3 from 9 a.m. to 5 p.m. (no Sundays); • 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 locations prior to Election Day, April 4th. City Clerk Ludwig announced a number of community events in March and April. Moved by Brookman, seconded by Smith, to establish the Consent Agenda except for items 3, 3a, 6, 6a, 9 and 14. Motion declared carried. Moved by Haugeberg, seconded by Sayad, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith NAYS: 0 -None ABSENT: 1-Charewicz Motion declared carried. Minutes of Closed Session on February 6, 2017 were approved; Staff recommendations and requests were approved; Resolutions R-29-17, R-31-17, 2017 APPROPRIATION ORDINANCE: Consent Agenda Ordinance M-7-17 APPROVE PROPOSAL FOR DESIGN/ PERMIT PREP. SVCS. FOR CITY WATER MAIN/ CUMBERLAND CIRCLE: Consent Agenda Resolution R-29-17 APPROVE TASK ORDER #1/ CONSTR. ENG. SVCS./ IDOT/ DES PLAINES RIVER RD. RECONSTR./ PHASE II: Resolution R-30-17 APPROVE PURCHASE AMBULANCE Page 3 of 8 2/21/17 R-33-17, R-36-17, and R-37-17 were adopted; Ordinance M-7-17 was placed on First Reading and Ordinance M-5-17 was adopted. Moved by Haugeberg, seconded by Sayad, to concur with Staff recommendation to adopt the 2017 Appropriation Ordinance; and further recommend to place on First Reading Ordinance M-7-17, 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, 2017 AND ENDING DECEMBER 31, 2017. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Sayad, to concur with Staff recommendation to approve a proposal from HBM Engineering Group, LLC, 4415 West Harrison Street, Hillside, Illinois in the amount of $35,233.00 for design and permit preparation services to relocate the City's water main located within the Cumberland Circle (Budgeted Funds — Capital Projects); and further recommend to adopt Resolution R-29-17, A RESOLUTION APPROVING AN AGREEMENT WITH HBM ENGINEERING GROUP, LLC FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Discussion was held. Director of Public Works and Engineering Oakley answered questions from the Aldermen and Resident Brian Burkross. Moved by Chester, seconded by Brookman, to approve Task Order No. 1 with AECOM Technical Services, Inc., 303 East Wacker Drive, Chicago, Illinois 60601 for construction engineering in the amount of $103,359.85 (Budgeted Funds — Grant Funded Projects with Reimbursement from the Illinois Department of Transportation (IDOT) per Resolution R-78-14); and adopt Resolution R-30- 17, A RESOLUTION APPROVING TASK ORDER NO. 1 WITH AECOM FOR PROFESSIONAL ENGINEERING SERVICES. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith NAYS: 0 -None ABSENT: 1-Charewicz Motion declared carried. Moved by Haugeberg, seconded by Sayad, to concur with Staff recommendation to waive the bidding process and approve the purchase of three Power -Assisted Ambulance Cots and Loading Systems from the Stryker Company of Kalamazoo, COTS/ LOADING SYSTEMS/ FIRE DEPT.: Consent Agenda Resolution R-31-17 APPROVE PURCHASE/ TRAILER/ PUBLIC WORKS DEPT.: Consent Agenda Resolution R-33-17 AWARD BID/ 2017 CONTRACT LANDSCAPE MAINT.: Resolution R-35-17 AWARD BID/ 2017 CONTRACT LANDSCAPE MAINT. TIF #1: Consent Agenda Resolution R-36-17 APPROVE PURCHASE PROGRAM/ SOFTWARE/ POLICE DEPT. Page 4 of 8 2/21/17 Michigan in the amount of $142,999.41; and further recommend to adopt Resolution R-31-17, A RESOLUTION AUTHORIZING THE PURCHASE OF POWER -ASSISTED AMBULANCE COTS AND COT -LOADING SYSTEMS FROM STRYKER. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Sayad, to concur with Staff recommendation to approve the purchase of a FT -40-2 TA Deck Over Tilt Trailer through the National Joint Powers Alliance Contract #031014 -FTS from West Side Tractor Sales, 1560 N. Old Rand Road, Wauconda, Illinois in the amount of $26,022.32 (Budgeted Funds — General Fund/Equipment); and further recommend to adopt Resolution R-33-17, A RESOLUTION AUTHORIZING THE PURCHASE OF A DECK -OVER TILT TRAILER FROM FELLING TRAILERS, INC. Motion declared carried as approved unanimously under Consent Agenda. Resident Brian Burkross addressed the City Council commenting on the bid prices and segments of landscaping services offered by the bidders. Following discussion, the matter of the bid for the 2017 Contract of Landscape Maintenance for City -Owned Greenspace to Diaz Group, LLC, 2143 W. 51" Place, Chicago, Illinois in the annual amount of $163,915.23 with additional labor cost at the hourly rate of $45/hour in an amount not -to -exceed $200,000.00 (Budgeted Funds — Facilities and Grounds/Miscellaneous Contractual Services); and Resolution R-35-17, A RESOLUTION APPROVING AN AGREEMENT FOR LANDSCAPE MAINTENANCE FOR CITY OWNED GREENSPACE TO DIAZ GROUP, LLC were deferred to the March 6, 2017 Council meeting. Moved by Haugeberg, seconded by Sayad, to concur with Staff recommendation to award bid for the 2017 contract of landscape maintenance for the TIF #1 District to Beary Landscaping, Inc., 1308 Rand Road, Des Plaines, Illinois in the annual amount of $88,399.00, with additional labor cost at the hourly rate of $25/hour in an amount not -to -exceed $107.149.00 (Budgeted Funds — TIF #1 Downtown City Maintenance); and further recommend to adopt Resolution R- 36-17, A RESOLUTION APPROVING AN AGREEMENT FOR LANDSCAPE MAINTENANCE FOR TIF 1 DISTRICT TO BEARY LANDSCAPING, INC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Sayad, to concur with Staff recommendation to approve the purchase of TriTech "Web UI" Program and Software for purposes of Police Department Records Management and reimburse the Village of Wheeling for half the cost in a not -to -exceed amount of $25,966.0() (Budgeted Funds — Asset Forfeiture Funds); and further recommend to adopt Resolution R- 37-17, A RESOLUTION APPROVING THE PURCHASE OF TRI -TECH RECORDS MGMT.: Consent Agenda Resolution R-37-17 ADVERTISE BID/ SIGN REPLACEMENT PROGRAM — DIST. 1 PROJECT: ADVERTISE BID/ PURCHASE/ TWO TRUCKS/ PUBLIC WORKS DEPT.: Consent Agenda ADVERTISE BID/ PURCHASE/ TRAILER ATTENUATOR: Consent Agenda Page 5 of 8 2/21/17 "WEB UI" PROGRAM AND SOFTWARE AND REIMBURSE THE VILLAGE OF WHEELING FOR HALF THE COST. Motion declared carried as approved unanimously under Consent Agenda. Discussion was held. Moved by Smith, seconded by Chester, to concur with Staff recommendation to authorize the City Clerk to advertise for bid the 2017 Sign Replacement Program — District 1 Project. Motion declared carried. Moved by Haugeberg, seconded by Sayad, to concur with Staff recommendation to authorize the City Clerk to advertise for bid the purchase of two (2) 5 -Ton Trucks per specifications. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Sayad, to concur with Staff recommendation to authorize the City Clerk to advertise for bid the Purchase of a Trailer Attenuator Per Specifications. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISE BID/ Moved by Haugeberg, seconded by Sayad, to concur with Staff recommendation CONTRACTUAL to authorize the City Clerk to advertise for bid the Contractual Crack Sealing for CRACK SEALING 2017. Motion declared carried as approved unanimously under Consent Agenda. 2017: Consent Agenda ORDINANCE M-5-17 CITY OWNED PROPERTY AS SURPLUS/ AMBULANCE/ FIRE DEPT. Consent Agenda APPROVE MINUTES: Moved by Haugeberg, seconded by Sayad, to adopt Ordinance M-5-17, AN ORDINANCE DECLARING PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES AS SURPLUS. Motion declared carried as approved unanimously under Consent Agenda. Alderman Sayad requested that the Minutes of February 6, 2017 he amended on Page 1 under Citizen Participation (in italics) as follows: Page 6 of 8 2/21/17 APPROVE Resident Brian Burkross addressed the City Council reading a statement MINUTES: regarding the issue of releasing confidential and private information to the media (Cont'd) and a radio station. Mr. Burkross offered to pay for those Elected Officials who will take the Polygraph testing and do not want to pay for this service. By this, the City will not be paying any extra money. Alderman Dick Sayad then offered to do the same. Moved by Sayad, seconded by Brookman, to approve Minutes of Regular Meeting of City Council of February 6, 2017, as amended.. Motion declared carried. Consent Moved by Haugeberg, seconded by Sayad, to approve Minutes of Closed Session Agenda of City Council of February 6, 2017. 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. Resident Brian Burkross addressed the Committee of the Whole commenting on the billing by Holland & Knight. Alderman Chester stated that he objects to paying the invoice from Holland & Knight to have Associate General Counsel Weiss present at the election petition signature check at the Cook County Clerk's Office of the Electoral Board Hearing. Associate General Counsel Weiss answered questions from the Aldermen. Moved by Haugeberg, seconded by Rodd, to recommend to the City Council approval of the February 21, 2017 — Warrant Register, in the total amount of $18,581,426.52; and further recommend that Resolution R-38-17 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Chester, Vice Chair COND. USE/ This matter was deferred from the February 6, 2017 Council meeting. 410 NORTHWEST HIGHWAY: Senior Planner Bye reviewed her Memorandum dated February 7, 2017 regarding a Conditional Use Permit for 410 Northwest Highway, 16 -083 -CU. Petitioners Ryan Triphahn and George Zervos are requesting a Conditional Use permit under Section 7.3-6.0 of the 1998 City of Des Plaines Zoning Ordinance, as amended, �9� COND. USE/ 410 NORTHWEST HIGHWAY: (Cont' d) DISCUSSION/ INTERNAL INVESTIGATION OF ETHICS CODE VIOLATION: DISCUSSION/ SHORT-TERM RENTAL ORDINANCE: Page7of8 2/21/17 to increase the number of used vehicles sold from 10 to 32 in the C-3 Zoning District. The Planning and Zoning Board recommended (5-1) that the City Council approve the Conditional Use permit for the sale of up to 32 used vehicles in the C-3 General Commercial District. Staff recommends approval of the requested Conditional Use based upon the facts and circumstances presented in the staff report and subject to the condition that the petitioner install a 6 -foot, solid wood fence between the northeast corner of the building and the adjacent building to the east. Discussion was held. Petitioners Ryan Triphahn and George Zervos appeared before the Committee of the Whole and answered questions from the Aldermen. Resident Erik Robles addressed the Committee of the Whole commenting on the issue of parking cars and fencing. Moved by Haugeberg, seconded by Sayad, to recommend to the City Council denial of the Conditional Use Permit for 410 Northwest Highway, 16 -083 -CU at appropriate time this evening. Motion declared carried. Alderman Smith did not agree. LEGAL AND LICENSING — Alderman Haugeberg, Chair Alderman Haugeberg stated that there is no report. No discussion was held. Director of Community and Economic Development McMahon reviewed his Memorandum dated February 9, 2017 regarding an ordinance to regulate short- term rental properties. Resident Katrina Williams addressed the Committee of the Whole commenting on issues related to short -tern rentals. Resident Susan Duffy addressed the Committee of the Whole commenting on a situation where a basement of a home was rented to four individuals. Associate General Counsel Weiss answered questions from the Aldermen regarding other communities who have addressed this issue. Following discussion, Staff was directed to provide additional information to the Aldermen. UNFINISHED BUSINESS: RECONSIDERATION OF RESOLUTION R-15-17 AND MAYOR'S VETO: NEW BUSINESS: WARRANT REGISTER: Resolution R-38-17 COND. USE/ 410 NORTHWEST HIGHWAY: Ordinance Z-4-17 Page 8 of 8 2/21/17 Reconsideration of R-15-17 and Mayor's Veto of R-15-17 from 2/6/2017 City Council Meeting. No discussion was held. Moved by Smith, seconded by Chester, to concur with recommendation of Committee of the Whole to adopt Resolution R-38-17, 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: $18,581,426.52. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith NAYS: 0 -None ABSENT: 1-Charewicz Motion declared carried. Moved by Chester, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to deny approval of Ordinance Z-4-17, AN ORDINANCE AMENDING A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES IN THE C-3 ZONING DISTRICT AT 410 NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS. (Case #16 -083 -CU). Upon roll call, the vote was AYES: 6-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester NAYS: 1 -Smith ABSENT: 1-Charewicz Motion declared carried. ADJOURNMENT: Moved by Sayad, seconded by Brookman, to adjourn the meeting. Motion declared carried. The meeting adjourned at 10:24 p.m. Gloria J. Lud ig, MMC — CIT LERK APPROVED BY ME THIS DAY O r _.-X7,2017 AT Matthew J o$usr, ►� a Y 1 R