Loading...
03/20/2017MINUTES 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 20, 2017 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 6:17 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 20, 2017. ROLL CALL: 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, Director of Community and Economic Development McMahon, Economic Development Coordinator Pruss, Fire Chief Wax, Police Chief Kushner, Director of Public Works and Engineering Oakley, Assistant Director of Public Works and Engineering Watkins and General Counsel Friedman. CLOSED Moved by Sayad, seconded by Brookman, to enter into Closed Session to discuss SESSION: Property Acquisition. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. The City Council recessed at 6:18 p.m. The City Council reconvened at 7:07 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present. PRAYER AND The opening prayer was given by Reverend Scott Ziegler of the Bridge PLEDGE: Community Church, followed by the Pledge of Allegiance to the Flag of the United States of America. CITIZEN PART.: Mr. John McNabola, Executive Director of the Center of Concern, addressed the City Council requesting a Resolution from the Mayor for the Mayor and County Recognition Day for National Service on April 4, 2017. Mr. McNabola also gave details on the Suburban Cook County Senior Companion Program which is in need of volunteers. Resident Brian Burkross addressed the City Council asking about the purchase price, sale price and incentives offered for the Higgins/Mannheim property. City Manager Bartholomew answered questions from Mr. Burkross and the Aldermen. jP74— CITIZEN PART.: (Cont'd) CITY CLERK ANNOUNCEMENTS: CONSENT AGENDA: APPROVE RENEWAL AGR./ DP PARK DIST./ POLICE DEPT./ PARK PATROLS: Resolution R-47-17 Page 2 of 10 3/20/17 Resident Eric Suevel addressed the City Council inquiring about the Civilian Training Officer's paid time while working for Des Plaines and other locations. Fire Chief Wax responded. Mr. Suevel asked if employees are required to fill out a log when using a City vehicle. City Manager Bartholomew answered his questions. Mr. Suevel requested a copy of a study which was referred to by Human Resources Director Light. City Manager Bartholomew suggested that he contact Director Light for a copy of the study. Resident Nick Chiropoulos addressed the City Council regarding the proposed composting site across from Oakton Community College and requested that the City Council adopt a Resolution opposing the project. Mr. Will Soderberg addressed the City Council reminding everyone that the Arts Council is awarding scholarships to students pursuing the arts and the deadline to apply is March 31'. Clerk Ludwig reminded everyone that Early Voting started Monday, March 20 at the Des Plaines Public Library. The hours are 9 a.m. to 5 p.m., Monday — Saturday (no Sundays). The last day for Early Voting is Monday, April 3. Clerk Ludwig announced that the Cook County Clerk is looking for judges and equipment managers for the April 4th Election and the Annual Ed Block Courage Award Luncheon will be held on Tuesday, April 4th at Maryville. Moved by Rodd, seconded by Haugeberg, to establish the Consent Agenda, except for Items 1, 1 a, 3, 3a, 8 and 8a. Motion declared carried. Moved by Rodd, seconded by Robinson, 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 -None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Resolutions R-48-17, R-50-17, R-51-17, R-53-17, R-54-17, R-56-17 and R-57- 17 were adopted. Alderman Brookman requested that this item be removed from Consent Agenda. Following discussion, moved by Brookman, seconded by Haugeberg, to approve renewal of 2 -Year (2017-2018) Intergovernmental Agreement with the Des Plaines Park District for Des Plaines Police Department Park Patrols; and adopt Resolution R-47-17, A RESOLUTION APPROVING AN AGREEMENT WITH THE DES PLAINES PARK DISTRICT FOR POLICE SERVICES AT ALL PARK DISTRICT FACILITIES. Upon roll call, the vote was: Resolution R-47-17 (Cont -(1) APPROVE FIVE YEAR PERMIT/ MWRD/ MAINTAIN WELCOME SIGN/ ELMHURST RD. AND OAKTON ST.: Consent Agenda Resolution R-48-17 AWARD BID/ 2017-2019 FERTILIZER WEED APPL.: Resolution R-49-17 APPROVE PURCHASE/ ONE UTILITY VEHICLE/ POLICE DEPT.: Consent Page 3 of 10 3/20/17 AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Rodd, seconded by Robinson, to concur with Staff recommendation to approve the 5 -Year Permit with Metropolitan Water Reclamation District to maintain the Welcome Sign at Elmhurst Road and Oakton Street; and adopt Resolution R-48-17, A RESOLUTION APPROVING A PERMIT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE ETROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO TO ALLOW THE INSTALLATION OF A CITY SIGN ON DISTRICT PROPERTY. Motion declared carried as approved unanimously under Consent Agenda. Resident Brian Burkross requested that this item be removed from Consent Agenda. Mr. Burkross addressed the City Council commenting on the cost of fertilizer and weed application for City properties. Director of Public Works and Engineering Oakley answered questions from Mr. Burkross and the Aldermen. Moved by Charewicz, seconded by Smith, to award bid of the 2017-2019 Fertilizer and Weed Application to TruGreen Limited Partnership, 525 Busse Highway, Park Ridge, Illinois in the 3 -Year amount of $118,478.49 (Budgeted Funds — Facilities Maintenance/Miscellaneous Contractual Services and TIF #1/Miscellaneous Contractual Services); and adopt Resolution R-49-17, A RESOLUTION APPROVING AN AGREEMENT WITH TRUGREEN LIMITED PARTNERSHIP FOR FERTILIZER AND WEED CONTROL APPLICATION SERVICES. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Brookman, Chester, Smith, Charewicz NAYS: 1-Sayad ABSENT: 0 -None Motion declared carried. Moved by Rodd, seconded by Robinson, to concur with Staff recommendation to approve the purchase of one (1) Ford Police Interceptor Utility Vehicle from Currie Motors, 9423 W. Lincoln Highway, Frankfort, Illinois in an amount not - to -exceed $28,441.00 (Budgeted Funds — Police Department Equipment Replacement Fund); and further recommend to adopt Resolution R-50-17, A RESOLUTION AUTHORIZING THE PURCHASE OF ONE FORD POLICE' Page 4 of 10 3/20/17 Agenda FLEET VEHICLE FROM CURRIE MOTORS OF FRANKFORT, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-50-17 APPROVE PURCHASE/ ONE UTILITY VEHICLE/ POLICE DEPT.: Consent Agenda Resolution R-51-17 APPROVE TASK ORDER #3/ AERIAL PHOTOGRAPHY SVCS.: Consent Agenda Resolution R-53-17 APPROVE AMENDMENT #1/ IDOT/PREL. ENG. SVCS./ FEDERAL PARTICIPATION/ PHASE II/ LEE - FOREST SIGNAL PROJECT: Consent Agenda Resolution R-54-17 APPROVE TIF #7/ ORCHARD PLACE IMPROV'S: Resolution R-55-17 Moved by Rodd, seconded by Robinson, to concur with Staff recommendation to approve the purchase of one (1) Ford Police Interceptor Utility Vehicle from Currie Motors, 9423 W. Lincoln Highway, Frankfort, Illinois in an amount not - to -exceed $28,120.00 (Budgeted Funds — Police Department Equipment Replacement Fund); and further recommend to adopt Resolution R-51-17, A RESOLUTION AUTHORIZING THE PURCHASE OF A FORD POLICE INTERCEPTOR UTILITY VEHICLE FROM CURRIE MOTORS OF FRANKFORT, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Robinson, to concur with Staff recommendation to approve Task Order No. 3 with Ayres Associates, Inc. 5201 E. Terrace Drive, Madison, Wisconsin in the amount of $32,477.00 for Aerial Photography (Budgeted Funds — Geographic Information Systems); and further recommend to adopt Resolution R-53-17, A RESOLUTION APPROVING TASK ORDER NO. 3 WITH AYRES ASSOCIATES, INC., FOR AERIAL PHOTOGRAPHY AND PLANIMETRIC MAPPING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Robinson, to concur with Staff recommendation to approve the Local Public Agency Amendment #1 for Federal participation with the Illinois Department of Transportation (IDOT) and also approve the Preliminary Engineering Services Agreement for Federal Participation Supplement #1 with Gewalt Hamilton Associates, Inc., 850 Forest Edge Drive, Vernon Hills, Illinois in a not -to -exceed amount of $142,930.10, of which the 50 Percent Match Total Cost to the City will be $71,465.00 (Budgeted Funds — Capital Projects); and further recommend to adopt Resolution R-54-17, A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE LOCAL AGENCY AGREEMENT AND SUPPLEMENT NO. 1 TO THE ENGINEERING SERVICES AGREEMENT IN CONNECTION WITH PHASE II FOR THE LEE -FOREST INTERSECTION SIGNALIZATION PROJECT. Motion declared carried as approved unanimously under Consent Agenda. Alderman Sayad requested this item be removed from Consent Agenda. Following discussion, moved by Sayad, seconded by Brookman, to defer this matter to the next Regular City Council Meeting of April 3, 2017. Moved by Charewicz, seconded by Rodd, to adopt a substitute motion to approve the TIF #7 Orchard Place Improvements Change Order #1 to Lorig Construction Resolution R-55-17 (Cont'd) AWARD BID/ 2017 PURCHASE HOT MIX ASPHALT/ PUBLIC WORKS: Consent Agenda Resolution R-56-17 AWARD BID/ PURCHASE GASOLINE/ DIESEL FUEL/ PUBLIC WORKS DEPT.: Consent Agenda Resolution R-57-17 Page 5 of 10 3/20/17 Company, 250 E. Touhy Avenue, Des Plaines, Illinois in the not -to -exceed amount of $269,625.00 (Budgeted Funds — TIF #7); and adopt Resolution R-55- 17, A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO A CONSTRUCTION CONTRACT WITH LORIG CONSTRUCTION COMPANY FOR TIF #7 ORCHARD PLACE IMPROVEMENTS. Upon roll call, the vote was: AYES: 3 -Rodd, Smith, Charewicz NAYS: 5-Haugeberg, Robinson, Sayad, Brookman, Chester ABSENT: 0 -None Motion declared failed. On the original motion to defer this matter to the next Regular City Council Meeting of April 3, 2017. Upon roll call, the vote was: AYES: 5-Haugeberg, Robinson, Sayad, Brookman, Chester NAYS: 3 -Rodd, Smith, Charewicz ABSENT: 0 -None Motion declared carried. Moved by Rodd, seconded by Robinson, to concur with Staff recommendation to award bid of the 2017 Purchase of Hot Mix Asphalt to Orange Crush, LLC, 321 Center Street, Hillside, Illinois in the not -to -exceed amount of $195,000.00 (Budgeted Funds — Street Maintenance Supplies/Street Repairs & Maintenance in the Amount of $125,000 and Capital Projects Supplies/Capital Maintenance in the Amount of $70,000 and award Alternate Bid for Asphalt Milling to Orange Crush, LLC, 321 Center Street, Hillside, IL utilizing per unit pricing in the not - to -exceed amount of 75,000.00 (Budgeted Funds — Street Maintenance/Miscellaneous Contractual Services); and further recommend to adopt Resolution R-56-17, A RESOLUTION APPROVING AN AGREEMENT FOR THE PURCHASE OF HOT MIX ASPHALT AND AN AGREEMENT FOR ASPHALT MILLING SERVICES FROM ORANGE CRUSH, LLC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Robinson, to concur with Staff recommendation to award bid for the purchase of Unleaded Gasoline and Diesel Fuel to Gas Depot Oil Company, 8930 N. Waukegan Road, Morton Grove, Illinois including the margins listed (Budgeted Funds — General/Vehicle Maintenance/Gasoline and Diesel Funds in the amounts of $350,000/$150,000, respectively, Water/Gasoline and Diesel Funds in the amounts of $50,000/$16,000, respectively, and Sewer/Gasoline and Diesel Funds in the amounts of $31,000/$12,200, respectively); and further recommend to adopt Resolution R-57-17, A RESOLUTION A RESOLUTION APPROVING AN AGREEMENT WITH GAS DEPOT OIL COMPANY FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL. Motion declared carried as approved unanimously under Consent Agenda. APPROVE MINUTES: Consent Agenda WARRANT REGISTER: DISCUSSION/ ANNUAL VEHICLE STICKER PROGRAM: AMEND APPROVED PUD/ 800 SOUTH RIVER RD.: Page 6 of 10 3/20/17 Moved by Rodd, seconded by Robinson, to approve the Minutes of Regular Meeting of City Council of March 6, 2017. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Robinson, to approve the Minutes of Closed Session of City Council of March 6, 2017. 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. Alderman Chester stated that he objects to paying the invoice from Holland & Knight for the election petition signature check at the Cook County Clerk's Office of the Electoral Board Hearing. Moved by Brookman, seconded by Haugeberg, to recommend to the City Council approval of the March 20, 2017 — Warrant Register, in the total amount of $2,551,273.29; and further recommend that Resolution R-58-17 be adopted at appropriate time this evening. Motion declared carried. This item was postponed pending additional information from Staff. COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair Economic Development Coordinator Pruss reviewed her Memorandum dated March 1, 2017 regarding a request by Petitioner City of Des Plaines which filed an application to amend Planned Unit Development Ordinance #Z-18-89 and Z- 4-91, which governs the development and use of the property commonly known as 800 South River Road, to remove Lot 100, a parcel owned by the City, from the previously approved private residential Planned Unit Development. All other approvals regarding Ordinance Z-4-91 will remain in full force and effect. Staff recommends approval of the amendment to Ordinances Z-18-89 and Z-4- 91. The Planning and Zoning Board recommended (5-0) that the City Counci approve the requested PUD amendment. (�- 800 SOUTH RIVER RD.: (Cont'd) MAJOR VARIATION/ 1419 S. CORA: DISCUSSION/ REPORT OUT OF CLOSED SESSION/ INTERNAL INVESTIGATION ETHICS CODE VIOLATION: Page 7 of 10 3/20/17 Discussion was held. Moved by Smith, seconded by Robinson, to recommend to the City Council approval of the amendment to approved Planned Unit Development Ordinances Z-28-89 and Z-4-91 for 800 South River Road at appropriate time this evening. Motion declared carried. Economic Development Coordinator Pruss reviewed the Memorandum of March 9, 2017 regarding a request by Petitioner Jerome Pietryla, 56 S. Grove Avenue, Elgin, IL 60120 for a Major Variation under Section 12-3-11(D) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a non -brick facade on the ground story of a single-family residence in the R-1 Single -Family Residential District for 1419 South Cora Street. The Planning and Zoning Board recommended (5-0) that the City Council deny the Major Variation to allow a non -brick facade on the ground story of a single- family residence in the R-1 Single -Family Residential District. Staff recommends approval of the Major Variation, subject to the condition that all materials, windows and siding be uniform in appearance and be the same make and manufacturer. Discussion was held. Mr. William Claves, Associate Director for Habitat for Humanity, addressed the Committee of the Whole responding to questions from the Aldermen regarding the proposed materials to be used to build a non -brick facade on the ground story of a single-family residence. The following residents addressed the Committee of the Whole in opposition to the major variation: Mike Sachs, Monika Loews, Carl Loews and Ann Sachs. Moved by Robinson, seconded by Chester, to recommend to the City Council denial of a Major Variation for 1419 South Cora Street at appropriate time this evening. Motion declared carried. LEGAL AND LICENSING — Alderman Haugeberg, Chair Moved by Haugeberg, seconded by Sayad, to release the final report of the Internal Investigation regarding the Unauthorized Disclosure of Confidential Information conducted by Hillard Heintze dated March 16, 2017 in accordance with the requirements of the Freedom of Information Act. Motion declared J carried. DISCUSSION/ WATER AMNESTY PROGRAM: UNFINISHED BUSINESS: ORDINANCE Z-6-17 COND. USE/ ELECTRONIC MESSAGE BOARD/ 380 NORTHWEST HIGHWAY: Page 8 of 10 3/20/17 PUBLIC WORKS — Alderman Brookman, Chair Assistant Director of Public Works and Engineering Watkins and Assistant City Manager/Director of Finance Wisniewski reviewed the Memorandum dated March 9, 2017 regarding the Water Amnesty Program, recommended options, and answered questions from the Aldermen. The following options were proposed: • Option #1 - Maintain the current water amnesty program; • Option #2 - Modify the amnesty program and authorize staff to write off the lost water only when there is a mismatch read on analog meters for accounts that have greater than 100 units of water. Affected customers that were part of the amnesty program would receive a credit on the water portion of their account. The direct cost of this option to date would be approximately $45,000. With this option, the maximum amount that would be charged to a resident would be up to $285 given that the usage would be capped at 100 units. (Example, if there is a mismatch of 500 units the City would write off 400 units and the customer would pay for 100 units); and • Option #3 - Eliminate the amnesty program and authorize staff to write off the lost water only when there is a mismatch read on the analog meters. Customers that were part of the amnesty program would receive a credit on the water portion of their account. The direct cost of this option to date would be approximately $127,000 plus any future adjustments that will need to be made. Discussion was held. Resident Jim Forman addressed the Committee of the Whole thanking everyone for their effort to resolve the issues associated with the mismatch of the inside and outside water meter readings. It was the consensus of the Aldermen to direct Staff to prepare Option #2 and give residents 60 days to respond to the request for water meter readings. Moved by Charewicz, seconded by Haugeberg, to adopt Ordinance Z-6-17, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR AN ELECTRONIC MESSAGE BOARD POLE SIGN LOCATED AT 380 NORTHWEST HIGHWAY DES PLAINES, ILLINOIS (CASE #17 -005 -CU -V). Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None MEDICAL INSURANCE PROGRAM/ ELECTED OFFICIALS: Resolution R-46-17 NEW BUSINESS: WARRANT REGISTER: Resolution R-58-17 AMEND APPROVED PUD/ 800 SOUTH RIVER RD.: Ordinance Z-9-17 ORDINANCE Z-9-17 AMEND APPROVED PUD/ 800 SOUTH RIVER RD.: Page 9 of 10 3/20/17 Motion declared carried. A Resolution Regarding Medical Insurance Program for Elected Officials (deferred from March 6, 2017 City Council Agenda) Discussion was held. Moved by Smith, seconded by Rodd, to adopt Resolution R-46-17, A RESOLUTION DECLARING INTENT OF MAYOR AND CITY COUNCIL NOT TO ELECT TO ENROLL IN PPO1 AND HMO2 PLANS COMMENCING JANUARY 2018. Upon roll call, the vote was: AYES: 2 -Rodd, Smith NAYS: 6-Haugeberg, Robinson, Sayad, Brookman, Chester, Charewicz ABSENT: 0 -None Motion declared failed. Moved by Smith, seconded by Charewicz, to concur with recommendation of Committee of the Whole to adopt Resolution R-58-1 7, 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: $2,551,273.29. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None 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-9-17, AN ORDINANCE AMENDING A PLANNED UNIT DEVELOPMENT AT 800 S. RIVER ROAD, DES PLAINES, ILLINOIS. (CASE #17 -010 -PUD). Motion declared carried. Moved by Charewicz, seconded by Smith, to advance to Second Reading and adopt Ordinance Z-9-17, AN ORDINANCE AMENDING A PLANNED UNIT DEVELOPMENT AT 800 S. RIVER ROAD, DES PLAINES, ILLINOIS. (CASE #17 -010 -PUD). Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 1-Haugeberg ABSENT: 0 -None Motion declared carried. MAJOR VARIATION/ 1419 S. CORA: Ordinance Z-10-17 Page 10 of 10 3/20/17 Moved by Charewicz, seconded by Robinson, to concur with recommendation of Committee of the Whole to deny Ordinance Z-10-17, AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 12-3-11 (D) OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 1419 S. CORA STREET DES PLAINES, ILLINOIS (CASE #17-012-V). Motion declared carried. ADJOURNMENT: Moved by Charewicz, seconded by Sayad, to adjourn the meeting. Motion declared carried. The meeting adjourned at 10:09 p.m. APPROVED BY ME THIS 3 11,26,,72 Gloria J. Ludwig, MMC — CI LERK