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04/03/2017CALL 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, MONDAY, APRIL 3, 2017 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 7:00 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, Fire Chief Wax, Police Chief Kushner, Director of Public Works and Engineering Oakley, and General Counsel Friedman. PRAYER AND PLEDGE: CITIZEN PART.: CITY CLERK ANNOUNCEMENTS: CONSENT AGENDA: The opening prayer was given by City Clerk Ludwig, followed by the Pledge of Allegiance to the Flag of the United States of America. Resident Wayne Serbin addressed the City Council commenting on ghosts existing in the basement of City Hall. Pursuant to City Code, City Clerk Ludwig opened the sole bid received on March 16, 2017 submitted by Northwest Trucks, Inc., 2120 Rand Road, Palatine, Illinois 60074 in the amount of $312,990.00 for the purchase and delivery of two (2) 5 -ton trucks per specifications. The bid was referred to Staff for review. Clerk Ludwig reminded everyone that the Consolidated Election takes place tomorrow April 4th and urged everyone to get out and vote. Moved by Rodd, seconded by Robinson, to establish the Consent Agenda. Motion declared carried. Moved by Sayad, seconded by Brookman, 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; Ordinances M-6-17 and M-9-17 were placed on First Reading; Resolutions R- 59-17, R-60-17, R-61-17, R-62-17, R-63-17, R-64-17, and R-65-17 were adopted. APPROVE SALE Moved by Sayad, seconded by Brookman, to concur with Staff recommendation OF SURPLUS to approve the sale of surplus right-of-way located on the east end of Old Higgins RIGHT-OF-WAY/ EAST END OLD HIGGINS RD./ IDOT: Consent Agenda Ordinance M-6-17 APPROVE NEW CLASS H1 LIQ. LIC./ 1916 MANNHEIM RD.: Consent Agenda Ordinance M-9-17 AWARD BID/ PURCHASE OFFICE FURNITURE/ POLICE DEPT.: Consent Agenda Resolution R-59-17 APPROVE LETTER OF INTENT/ IDOT/ GOLF RD./ CUMBERLAND CIRCLE: Consent Agenda Resolution R-60-17 APPROVE RENEWAL/ PROF. SVCS. MASTER CONTRACT/ Page 2 of 8 4/3/17 Road to the Illinois State Toll Highway Authority for construction of Project 4014 (Elgin -O'Hare Western Access) in the total amount of $140,000.00; and further recommend to place on First Reading Ordinance M-6-17, AN ORDINANCE DECLARING PROPERTY OWNED BY THE CITY OF DES PLAINES AS SURPLUS AND AUTHORIZING THE SALE OF SUCH PROPERTY TO THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to approve New Class H1 Liquor License (Restaurant Wine and Beer Sales Only, Consumption on Premises) for El Dorado Mexican Grill, Inc., 1916 Mannheim Road, Des Plaines, Illinois; and place on First Reading Ordinance M-9-17, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS H-1 LIQUOR LICENSE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to award bid for the purchase of office furniture for the second floor of the Police Department - Investigations Division to Business Office Systems (BOS), 501 Gary Avenue, Roselle, Illinois at a cost not -to -exceed $30,495.00 (Budgeted Funds Asset Forfeiture Funds); and further recommend to adopt Resolution R- 59-17, A RESOLUTION APPROVING A CONTRACT WITH BUSINESS OFFICE SYSTEMS, INC., FOR THE PURCHASE OF OFFICE FURNITURE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to approve Letter of Intent with the Illinois Department of Transportation (IDOT) for the Improvement of Illinois Route 58 (Golf Road) at Wolf Road (Cumberland Circle); and further recommend to adopt Resolution R-60-17, A RESOLUTION APPROVING A LETTER OF INTENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION REGARDING THE IMPROVEMENTS OF ILLINOIS ROUTE 58 (GOLF ROAD) AT WOLF ROAD (CUMBERLAND CIRCLE). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to approve renewal of professional services master contract between the City of Des Plaines and Manhard Consultants, Ltd., 900 Woodlands Parkway, Vernon Hills, Illinois and Task Order No. 1 in the amount of $30,200.00 (Budgeted Funds — Capital Projects/Professional Services); and further recommend to adopt Resolution R-61-17, A RESOLUTION APPROVING A MASTER CONTRACT CAPITAL PROJECTS: Consent Agenda Resolution R-61-17 AWARD BID/ LANE MARKING/ PUBLIC WORKS: Consent Agenda Resolution R-62-17 AWARD BID/ PURCHASE AND DELIVERY/ TRAILER ATTENUATOR: Consent Agenda Resolution R-63-17 AWARD BID/ 2017 SIGN REPLACEMENT PROGRAM: Consent Agenda Resolution R-64-17 APROVE PURCHASE AND INSTALLATION OF EXHAUST SYSTEM/ FIRE STATIONS #61., #62 AND #63: Consent Agenda Page 3 of 8 4/3/17 WITH MANHARD CONSULTING LTD., FOR PROFESSIONAL ENGINEERING SERVICES AND TASK ORDER NO. 1 FOR REVISIONS TO THE CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to award bid for Thermoplastic Lane Marking via Award #158 through the Suburban Purchasing Cooperative (Northwest Municipal Conference) to Superior Road Striping, Inc., 1967 Cornell Court, Melrose Park, Illinois at a cost not -to -exceed $50,000.00 (Budgeted Funds — Capital Projects/Other Services/Street Pavement Markings and TIF #1/Other Services/Miscellaneous Contractual Services); and further recommend to adopt Resolution R-62-17, A RESOLUTION AUTHORIZING THE PROCUREMENT OF STREET LANE MARKING WORK FROM SUPERIOR ROAD STRIPING, INC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation award bid for the purchase and delivery of a Scorpion Trailer Attenuator to Traffic Control and Protection, 225 Miles Parkway, Bartlett, Illinois in the amount of $23,197.55 (Budgeted Funds — Equipment Replacement); and further recommend to adopt Resolution R-63-17, A RESOLUTION APPROVING AN AGREEMENT WITH TRAFFIC CONTROL AND PROTECTION, INC. FOR THE PURCHASE OF A SCORPION TRAILER ATTENUATOR. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to award bid for the 2017 Sign Replacement Program — District 1 Project to low bidder Traffic Control & Protection, Inc., 225 Miles Parkway, Bartlett, Illinois in the amount of $165,135.00 (Budgeted Funds — Capital Projects); and further recommend to adopt Resolution R-64-17, A RESOLUTION APPROVING AN AGREEMENT WITH TRAFFIC CONTROL & PROTECTION, INC. FOR THE SIGN REPLACEMENT PROGRAM IN DISTRICT 1. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to approve the purchase and installation of Plylnovent Source Capture Exhaust System Magnetic Hose Assemblies for the three Fire Stations from Hastings Air Energy Control of New Berlin, Wisconsin in the amount of $20,593.05 (Budgeted Funds — Public Works & Engineering/Facilities & Grounds Maintenance/ Repairs & Maintenance/Fire Station #61, #62, #63); and further recommend to adopt Resolution R-65-17, A RESOLUTION APPROVING A CONTRACT WITH HASTINGS AIR ENERGY CONTROL, INC. FOR THE (7V Resolution R-65-17 ADVERTISE BID/ DEWATERING PUMP EQUIP. PURCHASE: Consent Agenda APPROVE MINUTES: Consent Agenda WARRANT REGISTER: APPROVE RESOLUTION CLASS 6b/ 100 EAST HOWARD AVE.: Page 4 of 8 4/3/17 PURCHASE AND INSTALLATION OF MAGNETIC HOSE SYSTEMS FOR THREE FIRE STATIONS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to authorize the City Clerk to advertise for bid the Twelve -Inch (12") Dewatering Pump Equipment. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to approve the Minutes of Regular Meeting of City Council of March 20, 2017. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to approve the Minutes of Closed Session of City Council of March 20, 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 Moved by Haugeberg, seconded by Robinson, to recommend to the City Council approval of the April 3, 2017 — Warrant Register, in the total amount of $3,188,841.14; and further recommend that Resolution R-68-17 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair Director of Community and Economic Development McMahon reviewed a Memorandum dated March 15, 2017 regarding a request by Petitioner MLRP Messenger, LLC., for a Class 6b Resolution at 100 E. Howard Ave., Case #17- 013-6b. Staff recommends that the City Council approve the requested Class 6b Tax Incentive Resolution of Support subject to conditions. Discussion was held. Attorney Conor Desmond of Liston & Tsantilis representing the Petitioner answered questions from the Aldermen. Moved by Sayad, seconded by Brookman, to recommend to the City Council approval of a Resolution of Support for Class 6b for 100 East Howard Avenue at (i4 WATER AMNESTY PROGRAM: REGULATION OF SHORT-TERM RENTAL PROPERTIES: Page 5 of 8 4/3/17 appropriate time this evening. Motion declared carried. Aldermen Haugeberg and Smith did not agree. PUBLIC WORKS — Alderman Brookman, Chair Assistant City Manager/ Director of Finance Wisniewski reviewed the Memorandum dated March 23, 2017 regarding an amendment to the City's Water Amnesty Program. Resident Mohsin Khan addressed the Committee of the Whole commenting on the minimum charge for water. Discussion was held. Staff was directed to place the issue of a minimum charge for water on the agenda for the next Regular City Council Meeting of April 17, 2017. Moved by Haugeberg, seconded by Robinson, to recommend to the City Council approval of the amendment to the City's Water Amnesty Program at appropriate time this evening. Motion declared carried. LEGAL & LICENSING — Alderman Haugeberg, Chair Director of Community and Economic Development McMahon reviewed his Memorandum dated March 23, 2017 regarding ordinances amending Chapters 17 and 18 of Title 4 and Chapter 8 of the Zoning Code to regulate short-term residential rental properties. Resident Katrina Williams addressed the Committee of the Whole commenting on various issues regarding short-term rentals. Discussion was held. Moved by Brookman, seconded by Charewicz, to direct Staff to make changes to the ordinance amending Chapters 17 and 18 of Title 4 of the City Code to regulate short-term rentals of residential property at appropriate time this evening. Motion declared carried. Aldermen Haugeberg, Robinson and Rodd did not agree. Moved by Brookman, seconded by Charewicz, to direct Staff to make changes to the ordinance amending the accessory use provisions of the City Zoning Ordinance regarding short-term rental property at appropriate time this evening. Motion declared carried. Aldermen Haugeberg, Robinson and Rodd did not agree. COMMUNITY SERVICES — Alderman Chester, Chair ciV PATRIOT ACRES COMPOSTING FACILITY/ UNINCORPORATED DES PLAINES: UNFINISHED BUSINESS: APPROVE TIF #7/ ORCHARD PLACE IMPROV'S.: Page 6 of 8 4/3/17 A Resolution in opposition of Patriot Acres was requested by Aldermen Chester, Haugeberg and Robinson. Resident Wayne Serbin addressed the Committee of the Whole commenting on the proposed site which would be across from Oakton Community College and the increase in traffic. Resident Nick Chiropoulos addressed the Committee of the Whole commenting on the situation and stated that Des Plaines could be the role model for surrounding towns. Resident Joseph Pollina addressed the Committee of the Whole stating that he is against the proposed composting facility. Discussion was held. Staff was directed to amend Resolution R-71-17 by deleting the following paragraphs: WHEREAS, after reviewing the Applicant's petition and the testimony presented to the County ZBA, the City Council has determined that the Facility could have a detrimental impact on the residents of the City as a result of increased truck traffic, disease vectors like birds and rodents, airborne particulates, and odors generated by the Facility; and WHEREAS, the City Council has determined that the Applicant did not present sufficient testimony, evidence, or assurances to demonstrate (i) a specific and extraordinary need for the Facility on the Subject Property or (ii) that the Facility will be an affirmative benefit to the surrounding properties and neighborhood; and Moved by Haugeberg, seconded by Robinson, to recommend to the City Council approval of a Resolution objecting to an application to Cook County for the establishment and operation of an organic material recycling facility by 1701 Patriot Acres, LLC in unincorporated Cook County, as amended, at appropriate time this evening. Motion declared carried. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION This item was deferred from the March 20, 2017 City Council Agenda. Discussion was held. �8� Resolution R-55-17 NEW BUSINESS: WARRANT REGISTER: Resolution R-68-17 APPROVE RESOLUTION CLASS 6b/ 100 EAST HOWARD AVE.: Resolution R-69-17 WATER AMNESTY PROGRAM: Page7of8 4/3/17 Moved by Smith, seconded by Charewicz, to 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: 7-Haugeberg, Robinson, Rodd, Brookman, Chester, Smith, Charewicz NAYS: 1-Sayad ABSENT: 0 -None Motion declared carried. Moved by Smith, seconded by Chester, to concur with recommendation of Committee of the Whole to adopt Resolution R-68-17, 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: $3,188,841.14. 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 Brookman, seconded by Sayad, to concur with recommendation of Committee of the Whole to adopt Resolution R-69-17, A RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b CLASSIFICATION FOR THE PROPERTY LOCATED AT 100 EAST HOWARD AVE. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS: 1 -Smith ABSENT: 0 -None Motion declared carried. Alderman Haugeberg requested leave of the body to change her vote from Aye to Nay on Resolution R-69-17. There were no objections. The roll call vote was: AYES: 6 -Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS: 2-Haugeberg, Smith ABSENT: 0 -None Motion declared carried. Moved by Brookman, seconded by Sayad, to concur with recommendation of Committee of the Whole to adopt Resolution R-70-17, A RESOLUTION AMINI)ING THE CITY'S WATER METER AMNESTY PROGRAM. Upon roll call, the vote was: A(C Resolution R-70-17 AMEND CITY CODE/ REGULATION OF SHORT-TERM RENTAL PROPERTIES: Ordinance M-8-17 AMEND CITY CODE/ ACCESSORY USE FOR SHORT- TERM RENTAL PROPERTY: Ordinance Z-8-17 RESOLUTION OPPOSING PATRIOT ACRES COMPOSING FACILITY/ UNINCORPORATED DES PLAINES: Resolution R-71-17 Page 8 of 8 4/3/17 AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Brookman, seconded by Charewicz, to concur with recommendation of Committee of the Whole to refer back to Staff Ordinance M-8-17, AN ORDINANCE AMENDING CHAPTERS 17 AND 18 OF TITLE 4 OF THE DES PLAINES CITY CODE TO REGULATE SHORT-TERM RENTALS OF RESIDENTIAL PROPERTY. Motion declared carried. Aldermen Haugeberg, Robinson and Rodd did not agree. Moved by Brookman, seconded by Charewicz, to concur with recommendation of Committee of the Whole to return back to Staff Ordinance Z-8-17, AN ORDINANCE AMENDING THE ACCESSORY USE PROVISIONS OF THE CITY ZONING ORDINANCE REGARDING SHORT-TERM RENTAL PROPERTY. Motion declared carried. Aldermen Haugeberg, Robinson and Rodd did not agree. Moved by Chester, seconded by Robinson, to concur with recommendation of Committee of the Whole to adopt Resolution R-71-17, A RESOLUTION OBJECTING TO AN APPLICATION TO COOK COUNTY FOR THE ESTABLISHMENT AND OPERATION OF AN ORGANIC MATERIAL RECYCLING FACILITY BY 1701 PATRIOT ACRES, LLC IN UNINCORPORATED COOK COUNTY, AS AMENDED. Motion declared carried. ADJOURNMENT: Moved by Brookman, seconded by Sayad, to adjourn the meeting. Motion declared carried. The meeting adjourned at 9:21 p.m. APPROVED BY ME THIS 17 DAY O ,i , __ , 2017 � w►i%1 Matth w 40PreSAYOR L t Gloria J. Ludwig, MMC — CI CLERK