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05/15/2017CALL 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, MAY 15, 2017 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 6:01 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 15, 2017. Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith. Absent: Alderman Charewicz. A quorum was present. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Public Works and Engineering Oakley, Community and Economic Development McMahon, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman. CLOSED SESSION: PRAYER AND PLEDGE: Moved by Sayad, seconded by Brookman, to enter into Closed Session to discuss Collective Bargaining, Property Acquisition, and Pending Litigation. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith NAYS: 0 -None ABSENT: 1-Charewicz Motion declared carried. The City Council recessed at 6:02 p.m. The City Council reconvened at 7:14 p.m. Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, and Smith. Absent: Alderman Charewicz. A quorum was present. The opening prayer was given by Captain David Martinez of the Salvation Army, followed by the Pledge of Allegiance to the Flag of the United States of America. CITIZEN Coast Guard Auxiliary Representative Tim Darrey announced PARTICIPATION: May 20-26, 2017 is National Safe Boating Week. CONSENT AGENDA: Moved by Sayad, seconded by Robinson, to establish the Consent Agenda. Motion declared carried. Moved by Brookman, seconded by Sayad, to approve the Consent Agenda. (Cont.) APPROVE AGMT/ IL STATE TOLL HWY AUTHORITY/ ELGIN O'HARE WESTERN ACCESS Consent Agenda Resolution R-88-17 APPROVE AGMT/ PACE/BUS TRACKER SIGN 1501 MINER STREET: Consent Agenda Resolution R-89-17 AWARD BID/ 2017 CIP CONCRETE IMPRVMTS/ PUBLIC WORKS DEPT: Consent Agenda Resolution R-90-17 AWARD BID/ 2017 CIP Page 2 of 9 5/15/17 Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith NAYS: 0 -None ABSENT: 1-Charewicz Motion declared carried. Minutes were approved; Staff recommendation and requests were approved; Resolutions R-88-17, R-89-17, R-90-17, R-91-17, R-92-17, R-93-17, R-94-17, R-95-17, R-96-17 and R-97-17 were adopted. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to approve an Intergovernmental Agreement with the Illinois State Toll Highway Authority for the improvements associated with the Elgin - O'Hare Western Access Project; and further recommend to adopt Resolution R-88-17, A RESOLUTION APPROVING AN AGREEMENT WITH THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY FOR IMPROVEMENTS ASSOCIATED WITH THE ELGIN O'HARE WESTERN ACCESS PROJECT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to approve an agreement with PACE to allow for the installation and maintenance of a Bus Tracker Sign at 1501 Miner Street; and further recommend to adopt Resolution R-89-17, A RESOLUTION APPROVING A CONTRACT WITH PACE FOR THE INSTALLATION AND MAINTENANCE OF A BUS TRACKER SIGN. Motion declared carried as approved unanimously under Consent Agenda Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to award bid for the 2017 CIP Concrete Improvements to second lowest bidder Sumit Construction, 4150 W. Washington Avenue, Chicago, IL in the amount of $1,863,881.00 (Budgeted Funds — Motor Fuel Tax, CDBG, and Capital Projects Funds); and further recommend to adopt Resolution R-90-17, A RESOLUTION APPROVING AN AGREEMENT WITH SUMIT CONSTRUCTION FOR CONCRETE AND ALLEY IMPROVEMENTS AS PART OF THE 2017 CAPITAL IMPROVEMENT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to award bid for the 2017 CIP Contract A — Street and Utility Improvements (Cont.) STREET AND UTILITY/PUBIC WORKS DEPT: Consent Agenda Resolution R-91-17 AWARD BID/ 2017 CIP STREET IMPRVMTS/ PUBLIC WORKS DEPT: Consent Agenda Resolution R-92-17 APPROVE TASK ORDER/ STREET & UTILITY IMPRVMNTS/ PUBLIC WORKS DEPT: Consent Agenda Resolution R-93-17 PURCHASE/ 2017 FORD PICK-UP TRUCK/ PUBLIC WORKS DEPT: Consent Agenda Resolution R-94-17 Page 3 of 9 5/15/17 Project to low bidder Martam Construction, Inc., 1200 Gasket Drive, Elgin IL in the amount of $3,825,553.40 (Budgeted Funds — Capital Projects and Water Funds); and further recommend to adopt Resolution R-91-17, A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH MARTAM CONSTRUCTION, INC. FOR THE 2017 CAPITAL IMPROVEMENT PROJECT STREET AND UTILITY IMPROVEMENTS, CONTRACT A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to award bid for the 2017 CIP Contract C Street Improvements to low bidder Orange Crush, LLC, 321 South Center Street, Hillside, IL 60162 in the amount of $1,328,257.00 (Budgeted Funds — Capital Projects Fund); and further recommend to adopt Resolution R-92-17, A RESOLUTION APPROVING AN AGREEMENT WITH ORANGE CRUSH, LLC FOR STREET IMPROVEMENTS AS PART OF THE 2017 CAPITAL IMPROVEMENT PROJECT, CONTRACT C. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to approve Task Order No. 8 for Construction Engineering Services from SPACECO, Inc., 9575 W. Higgins Road, Suite 700, Rosemont, IL in an Amount of $94,000.00 for the 2017 CIP Contract A — Street and Utility Improvements Project (Budgeted Funds — Capital Projects Fund); and further recommend to adopt Resolution R-93-17, A RESOLUTION APPROVING TASK ORDER NO. 8 WITH SPACECO, INC., FOR CONSTRUCTION ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to approve the purchase of a 2017 Ford F-350 Pick -Up Truck with Service Body through the Suburban Purchasing Cooperative Contract #144 from Landmark Ford, 2401 Prairie Crossing Drive, Springfield, IL, 62711 in the Amount of $56,930 (Budgeted Funds - Vehicle Replacement Fund); and further recommend to adopt Resolution R-94-17, A RESOLUTION AUTHORIZING THE PURCHASE OF A 2017 FORD F-350 PICK-UP TRUCK WITH A LOW ROOF SERVICE BODY FROM LANDMARK FORD OF SPRINGFIELD, IL. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ DEWATERING PUMP/PUBLIC WORKS DEPT: Consent Agenda Resolution R-95-17 AWARD BID/ 2017 CRACK SEALING/ PUBLIC WORKS DEPT: Consent Agenda Resolution R-96-17 PURCHASE/ TWO TRUCKS/ PUBLIC WORKS DEPT: Consent Agenda Resolution R-97-17 ADVERTISE BID/CITY HALL ENTRY DOOR RENOVATION: Consent Agenda APPROVE MINUTES: Consent Agenda Page 4 of 9 5/15/17 Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to award bid for the Purchase and Delivery of One 12 -Inch Dewatering Pump per specifications to BBA Pumps, Inc., P.O. Box 457, Huger, SC, 29450 in the Amount of $81,691.82 (Budgeted Funds - Sewer Systems Equipment Fund); and further recommend to adopt Resolution R-95-17, A RESOLUTION AUTHORIZING THE PURCHASE OF A DEWATERING PUMP FROM BBA PUMPS, INC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to reject Proposal from Patriot Pavement Maintenance and award bid for 2017 Crack Sealing Contract to the lowest responsible bidder, Denler, Inc. 19148 S. 104th Avenue, Mokena, IL 60448, in the not -to -exceed amount of $30,000 (Budgeted Funds - Motor Fuel Tax Fund); and further recommend to adopt Resolution R-96-17, A RESOLUTION APPROVING AN AGREEMENT WITH DENLER, INC., FOR THE SEALING OF CRACKS ON VARIOUS ROADS WITHIN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to approve purchase of two (2) Ford F-450 Trucks with related equipment through the Suburban Purchasing Cooperative Contract #145 from Currie Motors, 9423 W. Lincoln Highway, Frankfort, IL 60423 in the Amount of $121,696.00 (Budgeted Funds - Vehicle Replacement Fund); and further recommend to adopt Resolution R-97-17, A RESOLUTION AUTHORIZING THE PURCHASE OF TWO 2017 FORD F-450 PICK-UP TRUCKS WITH DUMP BODIES FROM CURRIE MOTORS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to authorize the City Clerk to advertise for bid the City Hall Entry Door Renovation Project. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to approve Minutes of the Regular Meeting of the City Council of May 1, 2017, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to approve Minutes of the Closed Session Meeting of the City Council of May 1, 2017. Motion declared carried as approved unanimously under Consent Agenda. 2017-2019 COMMITTEE recommendations of Appointments and Designation of Chairs. ASSIGNMENTS: Page 5 of 9 5/15/17 REPORT OUT BY COMMITTEE ON COMMITEES Alderman Smith and Alderman Sayad, as co-chairs, presented DESIGNATING CHAIRS, VICE - CHAIRS AND MEMBERS OF COMMITTEES: Consent Agenda Resolution R-100-17 2017-2019 COMMITTEE ASSIGNMENTS BUILDING CODE Robinson, Chairman Lysakowski, Vice -Chair Smith, Member COMMUNITY SERVICES Chester, Chairman Charewicz, Vice -Chair Robinson, Member COMMUNITY DEVELOPMENT Sayad, Chairman Rodd, Vice -Chair Chester, Member ENGINEERING Lysakowski, Chairman Chester, Vice -Chair Charewicz, Member FINANCE & ADMINISTRATION LEGAL & LICENSING Charewicz, Chairman Sayad, Vice -Chair Brookman, Member PUBLIC SAFETY Rodd, Chairman Robinson, Vice -Chair Lysakowski, Member Brookman, Chairman Smith, Vice -Chair Sayad, Member PUBLIC WORKS Smith, Chairman Brookman, Vice -Chair Rodd, Member Moved by Smith, seconded by Sayad, to recommend approval of 2017-2019 Committee Assignments; and further recommend to adopt Resolution R-100-17, A RESOLUTION DESIGNATING THE CHAIRS, VICE -CHAIRS AND MEMBERS OF THE STANDING COMMITTEES OF THE DES PLAINES CITY COUNCIL. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith NAYS: 0 -None ABSENT: 1-Charewicz Motion declared carried. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE WARRANT REGISTER: AMENDMENT TO FINAL PUD/ 2550 E DEMPSTER STREET: MAP AMENDMENT AND FINAL PUD/1200 E GOLF ROAD: Page 6 of 9 5/15/17 FINANCE & ADMINISTRATION — Alderman Charewicz, Chair As Vice -Chair Alderman Sayad presented the Warrant Register. Moved by Smith, seconded by Rodd, to recommend to the City Council approval of the May 15, 2017 — Warrant Register, in the total amount of $3,766,712.97; and further recommend that Resolution R-99-17 be adopted at appropriate time this evening. *Alderman Sayad recommended approval of the items on the warrant register excluding all Holland & Knight Motion invoices because he feels that the- city can do better with an in-house attorney and save money. Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Sayad, Chair Economic Development Coordinator Pruss reviewed her memo of April 25, 2017. Mr. Mark Lurvey of Lurvey Landscape Supply & Garden Center filed an application requesting an amendment to a previously approved final planned unit development at 2550 E Dempster Street to permit the removal of a planned office building and an increase in a proposed 6,225 square foot greenhouse by 7,885, for a total of 14,110 square feet, in the C-3 General Commercial District. Ms. Pruss presented the Site Layout/Proposed PUD Plat. Staff and the PZB recommend approval of the request with no conditions. Alderman Brookman questioned Staff as to why the proper Planned Unit Development (PUD) process was not followed. The office building has already been removed and during the original agreement in 2010 it was noted the office building would remain. The matter of removing the office building should have been brought to City Council for approval. Economic Development Director McMahon explained this the building permit to demolish the building was an oversite by staff and issued in error. Alderman Brookman requested Staff recommendations to prohibit an error like this from occurring in the future. Petitioner Mark Lurvey answered questions from the Aldermen. Alderman Sayad requested a meeting with Staff to discuss this item. Alderman Sayad made a motion to defer this item until June 5, seconded by Alderman Brookman. Alderman Robinson and Alderman Smith did not agree. Motion declared carried. Economic Development Coordinator Pruss reviewed her memo of April 26, 2017. Mr. Bernard Tameling filed an application requesting a Map Amendment from the I-1 Institutional District to the M-2 General Manufacturing District for 1200 E Golf Rd. The applicant is requested that the property be rezoned to M-2 with Planned Unit Development approval to render (Cont.) Page 7 of 9 5/15/17 the existing nonconforming setbacks conforming, and to permit auto repair, auto body repair, commercial truck parking, contractor storage yards, machine shops, and welding shops as permitted uses on site. Ms. Pruss presented a Site Layout/Proposed PUD Plat and a history of the property. The PZB recommended that the City Council approve the map amendment from I-1 to M-2, and the final PUD subject to the following condition: 1. The existing contractor's storage yards located at the north end of the property shall be allowed as a permitted use. (The Commercial truck parking request has been removed). Staff recommends the requested approval of the M-2 zoning; however, Staff recommends to deny the PUD exceptions so the property becomes conforming with respect to use but remains nonconforming with respect to site design. This is so if the property were to be re -developed it would be developed under the M-2 Zoning. Staff further recommended should the City Council approve the requested PUD, it was recommended that such approval be subject to the following conditions: 1. The existing contractor's storage yards should not be made a permitted use, but should remain as a nonconforming use and require future conditional use approval for any change in occupant. Staff answered questions from the Aldermen. Petitioner Tameling and Attorney Gregory Dose answered questions from the Aldermen. Following discussion, moved by Sayad, seconded by Brookman, to direct Staff to prepare an Ordinance rezoning 1200 E Golf Road from 1-1 to M-2, and to approve the requested PUD exceptions and allow auto repair, machine shops and contractor's yards as permitted uses. Motion declared carried. PUBLIC SAFETY — Alderman Rodd, Chair CHANGE At its May 1, 2017 meeting, the Public Safety Committee approved the Foreign ORDER/FIRE Fire Insurance Tax Board's (FFITB) appeal of the Fire Chief's and City DEPT./FRONT Managers denials to add, at the FFITB expense, a front Suction hose, piping SUCTION ON and vehicle modifications in the amount of $6,521. FIRE PUMPER: Moved by Sayad, seconded by Chester, to recommend to the City Council approval of the Execution of Change Order to the Contract with Pierce Manufacturing of Appleton, Wi for the addition of a Front Suction of the Fire Pumper- Currently under Construction; and further recommend that Resolution R-98-17 he adopted at appropriate time this evening. Page 8 of 9 5/15/17 COMMUNITY SERVICES — Alderman Chester, Chair PATRIOT ACRES Alderman Chester reported, despite the City's opposition, the Cook County Board Commissioners approved Patriot Acres request for a compost facility at 9800 E Central Road. NEW BUSINESS: WARRANT REGISTER: Resolution R-99-17 ORDINANCE Z-14-17 AMENDMENT TO FINAL PUD/ 2550 E DEMPSTER STREET: CHANGE ORDER/PIERCE MANF./PUMPER FIRE APPARATUS Resolution R-98-17 The City will monitor the permits issued by the Metropolitan Water Reclamation District (MWRD) and Illinois Environmental Protection Agency (IEPA) to Patriot Acres to ensure the compost owners are in compliance. The City also intends to enact more stringent odor and overweight truck ordinances. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION Moved by Sayad, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Resolution R-99-17, Warrant Register in the total amount of $3,766,712.97. *Alderman Sayad votes yes on the items on the warrant register excluding all Holland & Knight invoices because he feels that the city can do better with an in-house attorney and save money. Motion declared carried. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, *Sayad, Brookman, Chester, Smith NAYS: 0 -None ABSENT: 1-Charewicz Motion declared carried. This item is deferred until June 5, 2017. Moved by Rodd, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-98-17, A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO A PURCHASE CONTRACT BETWEEN THE CITY OF DES PLAINES AND PIERCE MANUFACTURING FOR THE PURCHASE OF A PUMPER FIRE APPARATUS in the amount of $6,521. Motion declared carried. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith NAYS: 0 -None ABSENT: 1-Charewicz Motion declared carried. Page 9 of 9 5/15/17 ADJOURNMENT: Moved by Rodd, seconded by Brookman, to adjourn the meeting. Motion declared carried. The meeting adjourned at 8:43 p.m. j r L. Talapa APPROVED BY ME THIS _41-1(---- — CITY CLERK