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02/20/2018CALL 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 20, 2018 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 Tuesday, February 20, 2018. ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. CLOSED SESSION: Moved by Rodd, seconded by Robinson to enter into Closed Session to discuss Collective Bargaining, Probable Litigation, Acquisition of Property, Sale of Property and Personnel and Pending Litigation. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. The City Council recessed at 6:01 p.m. The City Council re -convened at 7:26 pm. Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, 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, Director of Community and Economic Development McMahon, Fire Chief Wax, Police Chief Kushner, and General Counsel Weiss. PRAYER AND The prayer was given by Alderman Chester, followed by the Pledge of PLEDGE: Allegiance to the Flag of the United States of America. PUBLIC HEARING/2018 APPROPRIATION ORDINANCE: MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, TUESDAY, FEBRUARY 20, 2018 Mayor Bogusz called the Public Hearing to order at 7:26 pm. Assistant City Manager/Director of Finance Wisniewski explained that the annual Appropriation Ordinance describes the sums of money deemed necessary to defray all necessary expenses and liabilities of the municipality, specifying the purpose and object. CITIZEN PARTICIPATION: Page 2 of 10 02/20/18 The Public Hearing was being held pursuant to Legal Notice regarding the Appropriation Ordinance. Public notice of said Hearing was published in the Daily Herald newspaper on Friday, February 9, 2018. There were no comments or questions from the aldermen or residents. The Public Hearing was adjourned at 7:27 pm. The City Council reconvened at 7:27 pm. Mr. Scott Figved, Committee member of the Metra ADA Safety and Security Board, expressed his appreciation for the Police Department's assistance to a recent incident at the Metra station. Resident Garland Armstrong suggested better signage on Lee Street and Graceland Avenue to educate drivers on the one-way streets in the downtown area. CLERK City Clerk Tsalapatanis announced Early Voting for the Tuesday, March 20 ANNOUNCEMENTS: Gubernatorial Primary Election will take place at the Des Plaines Library March 5 — March 19. CONSENT AGENDA: ADOPT 2018 APPROPRIATION ORDINANCE: Consent Agenda Ordinance M-3-18 City Clerk Tsalapatanis expressed her appreciation to the individuals who contributed their time and effort to the 14th Annual Police Irish Fest to benefit the Special Olympics. Moved by Brookman, seconded by Sayad, to establish the Consent Agenda. Motion declared carried. Moved by Rodd, seconded by Brookman, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Minutes were approved; Requests were approved; Ordinance M-3-18, Z-31-17; Resolution R-34-18, R-38-18, R-39-18, R-40-18, R-41-18, R-42-18, R-43-18, R-47-18 were adopted. Moved by Rodd, seconded by Brookman, to Adopt 2018 Appropriation Ordinance; and further recommend to adopt Ordinance M-3-18, 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, 2018 AND ENDING DECEMBER 31, 2018. Motion declared carried as approved unanimously under Consent Agenda. APPROVE RELEASE OF BOND/COMED/ 800 NORTHWEST HWY: Consent Agenda Resolution R-34-18 APPROVE RENEWAL TIF#1 LANDSCAPE CONTRACT/ BEARY LANDSCAPING: Consent Agenda Resolution R-38-18 APPROVE RENEWAL PARKWAY RESTORATION AND PLANTING CONTRACT/ TNT LANDSCAPE: Consent Agenda Resolution R-39-18 APPROVE EXPENDITURE/ H&H ELECTRIC/ STREETLIGHT REPAIR AND WIRE LOCATE: Consent Agenda Resolution R-40-18 Page 3 of 10 02/20/18 Moved by Rodd, seconded by Brookman, to Approve Release of Bond for Commonwealth Edison for Work Completed at Buckingham Place, 800 Northwest Highway; and further recommend to adopt Resolution R-34-18, A RESOLUTION APPROVING THE RELEASE OF THE PERFORMANCE SECURITY FOR THE COMED IMPROVEMENTS FOR THE BUCKINGHAM PLACE DEVELOPMENT LOCATED AT 750-800 EAST NORTHWEST HIGHWAY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Brookman to Approve First Renewal of TIF #1 Landscape Maintenance Services Contract with Beary Landscaping, Inc., 1308 Rand Road, Des Plaines, IL in the Annual Amount of $107,149. Budgeted Funds — TIF #1 Downtown City Maintenance Account; and further recommend to adopt Resolution R-38-18, A RESOLUTION APPROVING THE RENEWAL OF A CONTRACT WITH BEARY LANDSCAPING, INC. FOR TIF DISTRICT #1 LANDSCAPE MAINTENANCE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Brookman, to Approve First Renewal of Parkway Restoration and Planting with Installation Services Contract with TNT Landscape Construction, Inc., 847 S. Randall Road, Elgin, IL in the Amount of $64,248.25. Budgeted Funds — Water Fund/R&M Water Distribution/TIF #1/Downtown City Maintenance and General Fund/Miscellaneous Contractual Services; and further recommend to adopt Resolution R-39-18, A RESOLUTION APPROVING THE RENEWAL OF A CONTRACT WITH TNT LANDSCAPE CONSTRUCTION, INC. FOR PARKWAY RESTORATION AND PLANTING INSTALLATION SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Brookman, to Approve 2018 Appropriations Expenditure for the Current 3 -Year Contract (R-56-16) with H&H Electric, 2830 Commerce Street, Franklin Park, IL for Streetlight Maintenance, Repair, and Location of Underground Wiring. Updated Amounts within Budgeted Funds — Street/Grounds Maintenance Division/Repairs & Maintenance - $30,000 and TIF #1 - $25,000 for a Total of $55,000; and further recommend to adopt Resolution R-40-18, A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS UNDER A CONTRACT WITH H&H ELECTRIC CO., FOR STREETLIGHT MAINTENANCE AND REPAIR. Motion declared carried as approved unanimously under Consent Agenda. APPROVE Moved by Rodd, seconded by Brookman, to Approve Construction Engineering CHANGE ORDER/ Change Order No. 1 to Task Order No. 5 for Christopher B. Burke Engineering, CHRISTOPHER B BURKE ENG/TIF #7: Consent Agenda Resolution R-41-18 APPROVE TASK ORDER/ CHRISTOPHER B BURKE ENG/TIF #7: Consent Agenda Resolution R-47-18 APPROVE PROPOSED TASK ORDER/ CIVILTECH ENG/RAND ROAD SIDE -PATH: Consent Agenda Resolution R-42-18 APPROVE MOU/MABAS AND EVANSTON/FEMA GRANT: Consent Agenda Resolution R-43-18 AUTHORIZE CITY CLERK TO ADVERTISE FOR BID/DES PLAINES RIVER ROAD PHASE III: Consent Agenda Page 4 of 10 02/20/18 Ltd., 9575 West Higgins Road, Rosemont, IL in an Amount Not -to -Exceed $97,280.00 — Budgeted Funds — TIF #7; and further recommend to adopt Resolution R-41-18, A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO TASK ORDER NO. 5 UNDER A MASTER CONTRACT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD., FOR ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Brookman, to Approve Construction Engineering Task Order No. 10 for Christopher B. Burke Engineering, Ltd., 9575 West Higgins Road, Rosemont, IL in an Amount Not -to -Exceed $80,818.00 — Budgeted Funds — TIF #7; and further recommend to adopt Resolution R-47-18, A RESOLUTION APPROVING TASK ORDER NO. 10 UNDER A MASTER CONTRACT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD., FOR CONSTRUCTION ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Brookman, to Approve Proposal for Task Order No. 2 to Master Agreement with Civiltech Engineering, Inc., Two Pierce Place, Itasca, IL for a Not -to -Exceed Amount of $135,196.79 in Order to Allow for the Rand Road Side -Path Project to Proceed. Budgeted Funds — 2018 Capital Projects Fund; and further recommend to adopt Resolution R-42-18, A RESOLUTION APPROVING TASK ORDER NO. 2 WITH CIVILTECH ENGINEERING, INC. FOR RIGHT-OF-WAY ACQUISITION AND CONSULTING. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Brookman, to Ratify a Memorandum of Understanding Between the Member Agencies of MABAS Division 3 and the City of Evanston to Apply for a FEMA Grant for the Purchase of a Personnel Accountability System and Associated Radios and Other Equipment; and further recommend to adopt Resolution R-43-18, A RESOLUTION RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EVANSTON AND THE MABAS DIVISION 3 AGENCIES FOR A JOINT APPLICATION TO FEMA'S FIREFIGHTER GRANT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Brookman, to Authorize the City Clerk to Advertise for Bid the Des Plaines River Road Reconstruction — Phase III Project (Henry Avenue to Rand Road). Motion declared carried as approved unanimously under Consent Agenda. Page 5 of 10 02/20/18 AUTHORIZE CITY Moved by Rodd, seconded by Brookman, to Authorize the City Clerk to CLERK TO Advertise for Bid 2018 CIP Concrete Improvements — MFT -18 -00000 -01 -GM. ADVERTISE FOR Motion declared carried as approved unanimously under Consent Agenda. BID/2018 CIP CONCRETE IMPROVEMENTS: Consent Agenda AUTHORIZE CITY Moved by Rodd, seconded by Brookman, to Authorize the City Clerk to CLERK TO Advertise for Bid 2018 CIP Street & Utility Improvements — Contract A. Motion ADVERTISE FOR declared carried as approved unanimously under Consent Agenda. BID/2018 CIP STREET & UTILITY IMPROVEMENTS CONTRACT A: Consent Agenda AUTHORIZE CITY Moved by Rodd, seconded by Brookman, to Authorize the City Clerk to CLERK TO Advertise for Bid 2018 CIP Street & Utility Improvements — Contract B. Motion ADVERTISE FOR declared carried as approved unanimously under Consent Agenda. BID/2018 CIP STREET & UTILITY IMPROVEMENTS CONTRACT B: Consent Agenda AUTHORIZE CITY Moved by Rodd, seconded by Brookman, to Authorize the City Clerk to CLERK TO Advertise for Bid 2018 CIP Street & Utility Improvements — Contract C. Motion ADVERTISE FOR declared carried as approved unanimously under Consent Agenda. BID/2018 CIP STREET & UTILITY IMPROVEMENTS CONTRACT C: Consent Agenda AUTHORIZE CITY Moved by Rodd, seconded by Brookman, to Authorize the City Clerk to CLERK TO Advertise for Bid the 2018 Street Sign Replacement Program. Motion declared ADVERTISE FOR carried as approved unanimously under Consent Agenda. BID/2018 STREET SIGN REPLACEMENT: (Cont.) Consent Agenda SECOND READING ORD. Z-31-17/ 1233 WEBSTER: APPROVE MINUTES: Consent Agenda APPROVE MINUTES: Consent Agenda WARRANT REGISTER: ISSUANCE OF GO REFUNDING BONDS TO REFINANCE BONDS: Page 6 of 10 02/20/18 Moved by Rodd, seconded by Brookman, to Approve Second Reading — Ordinance Z-31-17, AN ORDINANCE APPROVING MAJOR VARIATIONS FROM SECTION 12-8-1 OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 1233 WEBSTER LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Brookman, to approve the Minutes of the City Council of February 5, 2018, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Brookman, to approve Minutes of the City Council Closed Session of February 5, 2018, as published. 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 for consideration. Moved by Chester, seconded by Rodd, to recommend to the City Council approval of the February 20, 2018 — Warrant Register in the Amount of $20,095,192.82; and further recommend that Resolution R-44-18 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 save money. Upon voice vote, motion declared carried. Assistant City Manager/Director of Finance Wisniewski requested authorization to refinance the following outstanding General Obligation (G.O.) Bonds: Refund $3.650M of the G.O. Bonds, Series 2010A (TIF #3) Refund $5.844M of the G.O. Bonds, Series 2010B (TIF #3, Capital Appreciation) Interest rates continue to be at record low levels creating a favorable opportunity for the City to use bond refinancing as a debt management tool. Utilizing such action will provide interest cost savings, reduce the outstanding debt and ease the burden of annual debt service payments for the City. This refunding will result in estimated savings of $1.126M or 12.86% of the refunded principal. Based on the current financials of TIF #3, the 2017 ending balance in the TIF is projected to be a negative $3.0M. Based on the debt service costs in the TIF, the fund balance is projected to continue to go negative to $6.7M in 2026 and begins (Cont.) Page 7 of 10 02/20/18 to turn around in 2027, reaching a positive balance of $900K in 2030. With the proposed refunding of the 2010A and 2010B series bonds, the TIF is projected to reach a negative fund balance of $4.9M in 2026 as compared to the original negative $6.7M, thus alleviating $1.8M in future debt service costs which would be paid through the General Fund until the TIF becomes self-sustaining. The projected positive fund balance with this refunding is still 2030. Moody's recently assigned Aa2 to the City's GO Refunding Bonds which affords the City the ability to receive good interest rates. Moved by Sayad, seconded by Robinson, to authorize the issuance of General Obligation Refunding Bonds Series 2018 and providing for the redemption of outstanding G.O. Bonds, Series 2010A and 2010B (TIF #3); and further recommend that Ordinance M-4-18 be adopted at appropriate time this evening. DISCONTINUATION Assistant City Manager/Director of Finance Wisniewski reviewed a OF MEMBERSHIP memorandum dated February 7, 2018. IN HELP: The City of Des Plaines has been a member of High Excess Liability Pool (HELP) since 1987. At that time, affordable liability insurance coverage was not being written for municipalities by the traditional insurance marketplace. HELP was created by fifteen Chicagoland municipalities to protect against high dollar general liability claims. The initial term of the pool was 11 years. Thereafter, the membership has voted to extend the pool every ten years. Due to the long-term nature of the claims that arise, the commitment level of ten years is necessary for the stability of the pool as a whole. Currently, the City's first $2 million of liability insurance coverage is provided by the Municipal Insurance Cooperative Agency (MICA) pool and coverage over $2 million is provided by HELP. As an option, MICA also offers coverage for excess liability insurance. MICA is a much larger pool with currently over 30 communities. All of the MICA communities purchase excess insurance directly from MICA except for Des Plaines, Streamwood, and Deerfield who have elected to purchase excess insurance through HELP. All three communities are considering consolidation by moving high-level excess liability coverage to MICA. There is no penalty to end our participation in HELP since we are at the end of our ten-year term on April 30, 2018. In terms of cost, based on the initial insurance coverage estimates received from both MICA and HELP, the cost to remain in HELP if all of the communities were to remain was originally quoted at $151,444 compared to a MICA cost of $133,015, thus a potential savings of $18,429 on an annual basis. Moved by Brookman, seconded by Chester to discontinue membership in the High Level Excess Liability Pool (HELP); and further recommend that Resolution R-45-18 be adopted at the appropriate time this evening. ENROLLMENT IN MICA EXCESS LIABILITY INS: UNFINISHED BUSINESS: SECOND READING Z-2-18: NEW BUSINESS: WARRANT REGISTER: Resolution R-44-18 AUTHORIZE GO REFUNDING BONDS/SERIES 2018: Ordinance M-4-18 Page 8 of 10 02/20/18 Moved by Brookman, seconded by Chester to enroll in the Municipal Insurance Cooperative Agency (MICA) Excess Liability Insurance Cooperative for the Purchase of Excess Liability Insurance; and further recommend that R-46-18 be adopted at the appropriate time this evening. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION Moved by Smith, seconded by Sayad to approve Second Reading — Ordinance Z-2-18, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A DOMESTIC PET SERVICE AT 676 N. WOLF ROAD, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 6-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 2-Sayad, Brookman ABSENT: 0 -None Motion declared carried. Moved by Charewicz, seconded by Chester, to concur with recommendation of Committee of the Whole to adopt Resolution R-44-18, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLANES 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: $20,095,192.82. *Alderman Sayad votes yes on the items on the warrant register excluding all Holland & Knight invoices because he feels that the city can save money. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, *Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Charewicz, seconded by Robinson, to concur with recommendation of Committee of the Whole to adopt Ordinance M-4-18, AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2018, OF THE CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. AUTHORIZE NON- RENEWAL OF MEMBERSHIP IN HELP: Resolution R-45-18 AUTHORIZE ENROLLMENT IN MICA: Resolution R-46-18 APPROVE AND AUTHORIZE PURCHASE AND SALE AGMT FOR DES PLAINES THEATRE/1470- 1476 MINER ST: Resolution R-48-18 Page 9 of 10 02/20/18 Moved by Charewicz, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-45-18, A RESOLUTION AUTHORIZING THE NON -RENEWAL OF MEMBERSHIP IN THE HIGH- LEVEL EXCESS LIABILITY POOL. Upon voice vote, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Charewicz, seconded by Smith, to adopt Resolution R-46-18, A RESOLUTION AUTHORIZING ENROLLMENT IN THE MUNICIPAL INSURANCE COOPERATIVE AGENCY (MICA) EXCESS LIABILITY INSURANCE POOL. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Smith, seconded by Brookman, to adopt Resolution R-48-18, A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A REAL ESTATE PURCHASE AND SALE AGREEMENT FOR THE DES PLAINES THEATRE AT 1470-1476 MINER STREET. Several residents spoke both in favor of and against the purchase of the Des Plaines Theatre. • Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Brookman, Chester, Smith, Charewicz NAYS: 1-Sayad ABSENT: 0 -None Motion declared carried. CLOSED SESSION: Moved by Rodd, seconded by Brookman, to adjourn to Closed Session to discuss Collective Bargaining, Probable Litigation, Acquisition of Property, Sale of Property and Personnel and Pending Litigation. Upon voice vote, motion declared carried. ADJOURNMENT: The meeting recessed at 8:28 p.m. Moved by Charewicz, seconded by Brookman, to adjourn the meeting. Motion declared carried. The meeting adjourned at 9:03 p.m. APPROVED BY ME THIS DAY OF 1J 018 Matthew Page 10 of 10 02/20/18 ifer . Tsalapatanis — CITY CLE K