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07/17/2017MINUTES 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, JULY 17, 2017 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, ORDER: was called to order by Mayor Bogusz at 6:08 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, July 17, 2017. ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester and Charewicz. A quorum was present. Alderman Smith was absent. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Public Works and Engineering Oakley, Director of Community and Economic Development McMahon, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman. CLOSED SESSION: Moved by Brookman, seconded by Chester, to enter into Closed Session to discuss Property Acquisition. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. The City Council recessed at 6:08 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz. A quorum was present. Alderman Smith was absent. PRAYER AND The prayer was given by City Clerk Tsalapatanis, followed by the Pledge of PLEDGE: Allegiance to the Flag of the United States of America. SWEARING-IN Fire Chief Wax introduced and welcomed George Hidalgo to the Fire CEREMONY: Department. Mayor Bogusz delivered an Oath of Office and welcomed Firefighter/Paramedic Hidalgo. RECOGNITION: Police Chief Kushner presented Life Saving Awards to Officer O'Connell and Officer Bowler for the immediacy of response and decisiveness in administering life saving measures to a woman who survived the medical emergency. CONSENT AGENDA: APPROVE AGMT. WITH WHEELING /CREATE AND OPERATE JOINT ETSB: Consent Agenda Resolution R-122-17 RESCIND AUTHORITY OF CITY'S LOCAL ETSB: Consent Agenda Ordinance M-15-17 ORDINANCE M-15-17/RECIND AUTHORITY OF CITY'S LOCAL ETSB: Page 2 of 10 7/17/17 Police Chief Kushner presented a Life Saving Award to Officer Kolk for his quick thinking and lifesaving efforts to a woman who survived the medical emergency. Moved by Sayad, seconded by Chester, to establish the Consent Agenda except for items 6 and 6a. Motion declared carried. Moved by Brookman, seconded by Chester, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. Minutes were approved; Staff recommendation and requests were approved; Ordinances M-13-17, M-15-17; Resolutions R-122-17, R-123-17, R-124-17, R-125-17, R-126-17, R-127-17, R-129-17, R-130-17, R-133-17, R-134-17 were adopted. Moved by Brookman, seconded by Chester, to concur with Staff recommendation to adopt a Resolution that approves an Amended and Restated Intergovernmental Agreement with the Village of Wheeling to Create and Operate a Joint ETSB; and further recommend to adopt Resolution R-122-17, A RESOLUTION APPROVING AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF WHEELING TO ESTABLISH A JOINT EMERGENCY TELEPHONE SYSTEMS BOARD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to concur with Staff recommendation to adopt an Ordinance Rescinding the Authority of the City's Local Emergency Telephone System Board (ETSB); and further recommend to adopt Ordinance M-15-17, AN ORDINANCE RESCINDING THE AUTHORITY OF THE CITY'S LOCAL EMERGENCY TELEPHONE SYSTEM BOARD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad to advance to Second Reading and adopt Ordinance M-15-17, AN ORDINANCE RESCINDING THE AUTHORITY OF THE CITY'S LOCAL EMERGENCY TELEPHONE SYSTEM BOARD. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS: 0 -None (Cont.) APPROVE CDBG ACTION PLAN PY 2017: Consent Agenda Resolution R-123-17 APPROVE KONICA MINOLTA AGMT./ LEASE 14 COPIERS: Consent Agenda Resolution R-124-17 REJECT REINVEST PROPOSAL/ PURCHASE OF 1896-1930 LEE AND 1157-1175 PROSPECT: Consent Agenda Resolution R-125-17 APPROVE LETTER OF SUPPORT /TAX CREDITS FOR HENRICH HOUSE/1301 ASHLAND AVE: Consent Agenda Page 3 of 10 7/17/17 ABSENT: 1 -Smith Motion declared carried. Moved by Brookman, seconded by Chester, to concur with Staff recommendation to approve City of Des Plaines Community Development Block Grant Program Year 2017 Annual Action Plan; and further recommend to adopt Resolution R-123-17, A RESOLUTION APPROVING THE CITY OF DES PLAINES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2017 ANNUAL ACTION PLAN. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to concur with Staff recommendation to approve agreement with Konica Minolta Business Solutions USA, Inc., 100 Williams Drive, Ramsey NJ for the Furnishing, Installation, and Servicing of Fourteen (14) Multi -Function Copiers for a Lease Amount Not -to -Exceed $49,644 annually. Budgeted IT Replacement Fund/Leases Account; and further recommend to adopt Resolution R-124-17, A RESOLUTION APPROVING A LEASE AGREEMENT WITH KONICA MINOLTA PREMIER FINANCE FOR THE LEASE OF FOURTEEN MULTI -FUNCTION PRINTERS AND A SERVICE CONTRACT WITH KONICA MINOLTA BUSINESS SOLUTIONS USA FOR MAINTENANCE AND SUPPORT SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to concur with Staff recommendation to reject single proposal received from REINVEST, LLC Regarding the Purchase, Sale, and Redevelopment of 1896-1930 Lee Street and 1157-1175 Prospect Lane as directed by City Council on June 19, 2017; and further recommend to adopt Resolution R-125-17, A RESOLUTION REJECTING ALL PROPOSALS FOR THE PURCHASE, SALE, AND REDEVELOPMENT OF CITY -OWNED PROPERTY LOCATED AT 1896-1930 LEE STREET AND 1157-1175 PROSPECT LANE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to concur with Staff recommendation to approve request from the Housing Authority of Cook County for a Letter of Support from Mayor Bogusz in Support of their Request to the Illinois Housing Development Authority for Tax Credits to be Utilized in the Rehabilitation of the Henrich House at 1301 Ashland Avenue; and further recommend to adopt Resolution R-126-17, A RESOLUTION APPROVING A LETTER OF SUPPORT FOR THE REHABILITATION OF HENRICH HOUSE APARTMENTS. Motion declared carried as approved unanimously under Consent Agenda. (Cont.) Resolution R-126-17 AWARD BID/ CITY HALL ENTRY/ MANUSOS CONTRACTING: Consent Agenda Resolution R-127-17 APPROVE RENEWAL CONTRACT/ WOW BUSINESS/ TELECOM SVCS: Consent Agenda Resolution R-129-17 APPROVE ADDENDUM/ IDOT/ DES PLAINES RIVER ROAD: Consent Agenda Resolution R-130-17 Page 4 of 10 7/17/17 Alderman Chester requested this item be removed from the Consent Agenda. Alderman Chester inquired as to why the City Hall entry door needs renovation. Director of Public Works and Engineering Oakley explained the entry way has broken seals and the frame is deteriorated. With the renovation there will be a double door entry way that is equipped with heating, cooling and insulation. Moved by Chester, seconded by Robinson, to concur with Staff recommendation to award bid of City Hall Entry Door Renovation Contract to Manusos General Contracting, Inc., 91 Christopher Way, Fox Lake, IL in the Amount of $277,730. Budgeted Funds — Facilities & Grounds Maintenance/Improvements; and further recommend to adopt Resolution R-127-17, A RESOLUTION APPROVING A CONTRACT WITH MANUSOS GENERAL CONTRACTING, INC., FOR CITY HALL ENTRY DOOR RENOVATION. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. Moved by Brookman, seconded by Chester, to concur with Staff recommendation to approve the renewal of a 36 -month contract with WOW Business, P.O. Box 4350, Carol Stream, IL based on the Negotiated Rates of $2,802.86 per month for their Telecommunication Services. Budgeted Funds — General Fund/Overhead; and further recommend to adopt Resolution R-129-17, A RESOLUTION APPROVING AN AGREEMENT WITH WOW BUSINESS SERVICES, LLC FOR TELECOMMUNICATION SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to concur with Staff recommendation to approve the Local Agency/State Addendum Agreement with the Illinois Department of Transportation for the Reconstruction of Des Plaines River Road between Touhy Avenue and Rand Avenue; and further recommend to adopt Resolution R-130-17, A RESOLUTION APPROVING AN ADDENDUM TO ILLINOIS DEPARTMENT OF TRANSPORTATION AGREEMENT FOR IMPROVEMENT OF DES PLAINES RIVER ROAD. Motion declared carried as approved unanimously under Consent Agenda. M-13-17/ PROHIBIT GROUNDWATER AS POTABLE/ 509 N THIRD AVE: Consent Agenda APPROVE NEW OWNERSHIP/ CLASS B LIQUOR LICENSE/DN LIQUOR/1185 ELMHURST RD: APPROVE TRANSFER OF OWNERSHIP/ CLASS A LIQUOR LICENSE/ BEACON TAP/ 1374 LEE STREET: APPROVE COMED WORK/RELOCATE LINES/WILLOW- HIGGINS BRIDGE PROJECT: Consent Agenda Resolution R-133-17 APPROVE SETTLEMENT AGMT/ JOHN BUENO: Consent Agenda Resolution R-134-17 Page 5 of 10 7/17/17 Moved by Brookman, seconded by Chester, to adopt on Second Reading Ordinance M-13-17, AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD AT 509 NORTH THIRD AVENUE IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to approve New Ownership for Existing Class B — Retail Sales Only (No Consumption on Premises) Liquor License for Shivsiya, Inc. d/b/a DN Liquor at 1185 Elmhurst Road. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to approve Transfer of Ownership for Existing Class A — Tavern/250 or Less (Consumption on Premises) Liquor License for Deacon Revival, Inc. d/b/a Beacon Tap at 1374 Lee Street. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to concur with Staff recommendation to approve ComEd Work Order #1 with Exelon, 1N423 Swift Road, Lombard, IL in the Not -to -Exceed Amount of $96,408.82 for Relocating Existing Aerial Lines Underground in Connection with Willow - Higgins Bridge Construction Project. Budgeted Funds — TIF #7; and further recommend to adopt Resolution R-133-17, A RESOLUTION APPROVING AN AGREEMENT WITH COMED FOR THE RELOCATION OF AERIAL LINES UNDERGROUND REGARDING TIF #7 ORCHARD PLACE IMPROVEMENTS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to concur with Staff recommendation to approve Settlement Agreement between the City of Des Plaines and John Bueno; and further recommend to adopt Resolution R-134-17, A RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND JOHN BUENO. Motion declared carried as approved unanimously under Consent Agenda. APPROVE MINUTES: Consent Agenda WARRANT REGISTER: MAP AMENDMENT, PRELIM PUD AND TENT PLAT OF SUBDIV/ 946 NORTH AVE: Page 6 of 10 7/17/17 Moved by Brookman, seconded by Chester, to approve Minutes of the Regular Meeting of the City Council of June 19, 2017, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to approve Minutes of the Closed Session Meeting of the City Council of June 19, 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 Charewicz, Chair Alderman Charewicz presented the Warrant Register. Moved by Rodd, seconded by Chester, to recommend to the City Council approval of the July 17, 2017 — Warrant Register in the Amount of $8,304,990.29; and further recommend that Resolution R-131-17 be adopted at appropriate time this evening. *Alderman Sayad recommended approval of 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. COMMUNITY DEVELOPMENT — Alderman Sayad, Chair Alderman Sayad presented for Consideration a Map Amendment, Preliminary Planned Unit Development and Tentative Plat of Subdivision at 946 North Avenue for discussion. Community and Economic Development Director McMahon reviewed his memo dated July 6, 2017. Daniel Pontarelli, the petitioner, is requesting an amendment to the Des Plaines Zoning Map to reclassify 946 North Avenue from M-2 General Manufacturing District and R-1 Single -Family Residential District to the R-3 Townhouse Residential District; a Preliminary Planned Unit Development (PUD) and a Tentative Plat of Subdivision for the Blue Sky Residence. This is to allow for the construction of a 70 -unit, three-story apartment building with 70 surface parking spaces, 66 in -building parking spaces, and 4 parking spaces in a detached garage structure, with a requested PUD exception from the R-3 Townhouse Residential Zoning District standards for 2,203 square feet of lot area per dwelling unit, instead of not less than 2,800 square feet. The Planning and Zoning Board recommended (5-1) that the City Council approve the Map Amendment and Preliminary Planned Unit Development (PUD) to allow for the construction of the proposed development subject to the conditions listed in the Staff Report. Staff recommended approval of the Zoning Map Amendment, Preliminary Planned Unit Development and Page 7 of 10 7/17/17 (Cont.) Tentative Plat of Subdivision at 946 North Avenue, subject to the following conditions: The petitioner must prepare a Final Planned Unit Development Plat that meets all the requirements and a Final Plat of Subdivision that meets all the requirements of the Subdivision Regulations. The petitioner must comply with potential provisions for a parks dedication or impact fee and provide written proof of Final Engineering approval from the City of Des Plaines Public Works and Engineering Department. Mr. Pontarelli presented a site plan and amenities of the proposed development and answered questions from the Aldermen. Mr. Dan Dowd, attorney for the petitioner, explained the 3.5 acre site meets standards and is for individuals 62 -years and older. Due to the age restriction less parking spaces are required, less traffic in the area and children will not be added to the school system. Resident Muhammad Tabani submitted a petition with over 200 signatures against the development citing increased traffic, the development being too large for the site and the use is not compatible with the area. Katie Lonze, daughter of the property owners, explained the property is vacant and there are problems with dumping and abandoned vehicles. Ms. Lonze does not believe the area is suitable for single family homes due to its proximity to the railroad tracks and asked the City Council for their consideration to approve the proposed zoning change and Blue Sky Residence. Moved by Rodd, seconded by Chester, to recommend to the City Council denial of a Map Amendment, Preliminary PUD and Tentative Plat of Subdivision for the Blue Sky Residence at the appropriate time this evening. Upon voice vote, the vote was: AYES: 6-Lysakowski, Robinson, Rodd, Brookman, Chester, Charewicz NAYS: 1-Sayad ABSENT: 1 -Smith Motion declared carried. BUSINESS Community and Economic Development Director McMahon explained the ASSISTANCE/ new owners of The Beacon Tap at 1374 Lee Street have filed a business 1374 LEE STREET: assistance application requesting approval for an interior build -out grant of $15,000. The applicant is performing renovation work and requests reimbursement for only the electrical portion of the work. According to the quote from Heritage Electrical Construction, Inc., the selected electrical contractor, the cost for this portion of the renovation will be $51,250. The Interior Build -Out Program is a 50% matching grant for eligible expenses for new and expanding retail (Cont.) Page 8 of 10 7/17/17 tenants. Based upon the program guidelines, and Council support for the requested timing waiver, the proposed project qualifies for the maximum grant of $15,000. Staff recommended approval of the Business Assistance Program applicant for reimbursement up to $15,000.00 based upon project completion. Mr. Jason Naegele, property owner, answered questions from the Aldermen. Moved by Rodd, seconded by Robinson, to recommend to the City Council approval of the Business Assistance Program Resolution at the appropriate time this evening. Motion declared carried. PUBLIC WORKS — Alderman Smith, Chair Alderman Brookman presented Resolution R-128-17, A Resolution Approving the Purchase and Installation of Additional Sensus Water Meters from HD Supply Waterworks, Ltd. for discussion and reviewed Joel Gehrett, Superintendent of Utility Services, memo dated June 27, 2017. In November of 2012, the City Council passed Resolution R-139-12. This resolution provided assistance to homeowners that had water meter discrepancies due to mismatched reads between the water meter within the home and the analog display on the exterior of the building. The discrepancy is from the analog display underreporting the volume of water delivered, most likely due to weather conditions and/or wear of the plastic components of the analog device. The City Council amended the Water Amnesty program via R-70-17 at the April 3, 2017 Council meeting. This amendment authorizes staff to write-off the lost water when there is a mismatch read on analog meters in excess of 100 units of water. With this option, the maximum amount that would be charged to a resident would be up to $290.40 given that the usage would be capped at 100 units. On June 1, 2017 approximately 11,300 letters were mailed to customers and as of June 26, 2017 3,373 responses have been reviewed. Based on the responses received, it was determined that 885 water meters require replacement due to mismatched reads. Extrapolating this data, it is anticipated approximately 2,000 water meters will need replacement. In a continued effort to alleviate further issues, it is proposed to replace these meters in 2017. Accordingly, staff recommended transferring $500,000 from the General Fund -Contingency in order to fund the additional meter replacements. Moved by Sayad, seconded by Robinson, to recommend to the City Council approval of the Water Replacement Program Resolution at the appropriate time this evening. Motion declared carried. UNFINISHED BUSINESS: ORDINANCE M-16-17/ INCREASE NUMBER OF GARAGE SALES: NEW BUSINESS: WARRANT REGISTER: Resolution R-131-17 APPROVE ZONING MAP AMENDMENT AND PRELIM PUD/946 NORTH AVENUE: Ordinance Z-18-17 APPROVE BUSINESS ASSISTANCE GRANT / 1374 LEE/ Page 9 of 10 7/17/17 MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION Moved by Sayad, seconded by Chester, to adopt Ordinance M-16-17, APPROVE INCREASE IN NUMBER OF GARAGE (OCCASIONAL) SALES FROM 2 TO 3 ON AN ANNUAL BASIS. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. Moved by Charewicz, seconded by Chester, to concur with recommendation of Committee of the Whole to adopt Resolution R-131-17, 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: $8,304,990.29. *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. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, *Sayad, Brookman, Chester, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. Moved by Rodd, seconded by Brookman, to concur with recommendation of Committee of the Whole to deny Ordinance Z-18-17, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT AND A PRELIMINARY PLAT OF PLANNED UNIT DEVELOPMENT FOR 946 NORTH AVENUE, DES PLAINES, IL. Upon roll call, the vote was: AYES: 6-Lysakowski, Robinson, Rodd, Brookman, Chester, Charewicz NAYS: 1-Sayad ABSENT: 1 -Smith Motion declared carried. Moved by Sayad, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Resolution R-132-17, A RESOLUTION APPROVING A BUSINESS ASSISTANCE PROGRAM INTERIOR BUILD -OUT GRANT FOR WORK AT 1374 LEE STREET, THE BEACON TAP. Upon roll call, the vote was: (Cont.) BEACON TAP: Resolution R-132-17 APPROVE PURCHASE AND INSTALLATION OF ADDITIONAL WATER METERS: Resolution R-128-17 Page 10 of 10 7/17/17 AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. Moved by Brookman, seconded by Sayad, to concur with recommendation of Committee of the Whole to adopt Resolution R-128-17, A RESOLUTION APPROVING THE PURCHASE AND INSTALLATION OF ADDITIONAL SENSUS WATER METERS FROM HD SUPPLY WATERWORKS, LTD. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. ADJOURNMENT: Moved by Lysakowski, seconded by Robinson, to adjourn the meeting. Motion declared carried. The meeting adjourned at 9:38 p.m. APPROVED BY ME THIS DAY OF 4r, , 2017 rism :ogu-,,MAYOR eninifer E. Tsalapatanis — CITY CL RK