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04/02/2018CALL 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, MONDAY, APRIL 2, 2018 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 7:01 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, April 2, 2018. ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. Also present were: City Manager Bartholomew, Director of Public Works and Engineering Oakley, Director of Community and Economic Development McMahon, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman. PRAYER AND PLEDGE: CITIZEN PARTICIPATION: CLERK ANNOUNCEMENTS: CONSENT AGENDA: The prayer was given by Alderman Rodd, followed by the Pledge of Allegiance to the Flag of the United States of America. Resident Wayne Serbin inquired if the Des Plaines Theatre will have gambling. Mayor Bogusz responded the plans are not complete but the project is a City initiative not a Rivers Casino project. Resident Garland Armstrong expressed his concern for pedestrians crossing the railroad tracks when the gates are going down and Jewel -Osco in Des Plaines not selling ADA Paratransit tickets. Resident Ray Peszek expressed his concern for an individual who wandered away from a group home in his neighborhood. Legal Counsel informed Mr. Peszek that the City or individuals aiding would not be held responsible if the individual was injured. The City of Des Plaines partnered with Berkshire Hathaway HomeServices Starck Real Estate to hold a Community Garage Sale. Residents with a 60018 zip code may display items May 4 -May 6 and those residents with a 60016 zip code may display items May 18 -May 20. Pursuant to City Code, City Clerk Tsalapatanis opened the sole bid received on March 29, 2018 for the Purchase and Delivery of One (1) Ten Ton Truck. The bid was submitted by Northwest Trucks, Inc., 2120 Rand Road, Palatine, IL in the amount of $193,416. This bid was referred to Staff for review. Elected Officials expressed their condolences to the Cain family on the passing of Shari Cain, Executive Director of the Des Plaines History Center. Shari will be remembered and missed. Moved by Rodd, seconded by Brookman, to establish the Consent Agenda. Motion declared carried. Page 2 of 7 04/02/18 (Cont.) Moved by Brookman, seconded by Sayad, 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. APPROVE SALE OF PROPERTY & REDEVLOPMENT AGMT/ 1896-1930 LEE STREET AND 1157-1175 PROSPECT TO REINVEST LLC: Consent Agenda Resolution M-5-18 APPROVE IMPROVEMENTS EXTENSION/ WILDBURGER/ 1530-1534 OAKTON: Consent Agenda Resolution R-73-18 AUTHORIZE PROCUREMENT OF STREET LANE MARKING/ SUPERIOR ROAD STRIPING: Resolution R-74-18 Minutes were approved; Ordinance M-5-18, M-6-18; Resolution R-73-18, R-74-18, R-75-18 were adopted. Moved by Brookman, seconded by Sayad, to Approve Sale of Property Located at 1896-1930 Lee Street and 1157-1175 Prospect to RElnvest, LLC for $600,000 and Approve Associated Redevelopment Agreement for Said Property; and further recommend to adopt Ordinance M-5-18, AN ORDINANCE APPROVING THE SALE OF CITY -OWNED PROPERTY LOCATED AT 1896-1930 LEE STREET AND 1157-1175 PROSPECT LANE, DES PLAINES, ILLINOIS, A REDEVELOPMENT AGREEMENT, AS WELL AS A REAL ESTATE PURCHASE AND SALE AGREEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad to Amend Resolution R-82-17, to Permit American Wildburger Restaurant, 1550 Oakton Street, an Extension of Up to Six Months to Complete Interior Build -Out and Facade Improvements at 1530-1534 Oakton Street, Allowing for Them to Still Qualify for Reimbursement Under the Business Assistance Grant for Such Improvements; and further recommend to adopt Resolution R-73-18, A RESOLUTION APPROVING AN EXTENSION OF THE BUSINESS ASSISTANCE PROGRAM GRANT FOR FACADE IMPROVEMENTS AND INTERIOR BUILD -OUT AT 1530-1534 OAKTON STREET. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad to Award Bid for Thermoplastic Lane Marking through the Suburban Purchasing Cooperative to Superior Road Striping, Inc., 1967 Cornell Court, Melrose Park, IL in the Not -to -Exceed Amount of $55,000. Budgeted Funds — Capital Projects/Street Pavement Markings and TIF #1/Miscellaneous Contractual Services; and further recommend to adopt Resolution R-74-18, A RESOLUTION AUTHORIZING THE PROCUREMENT OF STREET LANE MARKING WORK FROM SUPERIOR ROAD STRIPING, INC. Motion declared carried as approved unanimously under Consent Agenda. APPROVE Moved by Brookman, seconded by Sayad to Approve Purchase of a Dynapac PURCHASE OF CC1300 Asphalt Roller through the National Joint Powers Alliance Contract DYNAPAC ASPHALT ROLLER/CASEY EQUIPMENT: Consent Agenda (Cont.) Resolution R-75-18 PROHIBIT USE OF GROUNDWATER AS POTABLE/ 607 E OAKTON: Consent Agenda Ordinance M-6-18 APPROVE MINUTES: Consent Agenda APPROVE CLOSED SESSION MINUTES: Consent Agenda WARRANT REGISTER: Page 3 of 7 04/02/18 #032515 -ACC from Casey Equipment Company, 1603 E. Algonquin Road, Arlington Heights, IL in the Amount of $52,425. Budgeted Funds — Equipment Replacement Fund; and further recommend to adopt Resolution R-75-18, A RESOLUTION AUTHORIZING THE PURCHASE OF AN ASPHALT ROLLER FROM CASEY EQUIPMENT COMPANY, INC. THROUGH THE NATIONAL JOINT POWERS ALLIANCE CONTRACT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to Adopt Potable Groundwater Use Restriction Ordinance for 607 East Oakton Street, Des Plaines; and further recommend to adopt Ordinance M-6-18, 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 607 EAST OAKTON STREET IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to approve the Minutes of the City Council of March 19, 2018, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to approve the Minutes of the Closed Session of the City Council of March 19, 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. Alderman Sayad requested a future discussion be held on eliminating the Vehicle Sticker Program. Moved by Rodd, seconded by Chester, to recommend to the City Council approval of the April 2, 2018 — Warrant Register in the Amount of $2,332,723.09 and further recommend that Resolution R-76-18 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. FINAL PLAT OF SUBDIVISION AND VARIATION / 1405 OXFORD RD: Page 4 of 7 04/02/18 COMMUNITY DEVELOPMENT — Alderman Sayad, Chair Director of Community and Economic Development McMahon reviewed a memorandum dated March 14, 2018. The petitioner, Jason Hardy, is requesting a Tentative and Final Plat of Subdivision, under Section 13-2-5 of Subdivision Regulations of the City of Des Plaines Municipal Code, to allow for the creation of three lots from a single lot in the R-1 Single Family Residential District, and a Subdivision Variation, under Section 13- 2-6 of Subdivision Regulations of the City of Des Plaines Municipal Code, to allow for lot depths less than 125 feet. The applicant, Caan Homes, LLC, proposes to subdivide a single lot in the R-1 Single -Family Residential District into three lots. The existing 21,987 square -foot lot has a frontage on both Oxford Road and Forest Avenue. If subdivided, the applicant is proposing to construct a new single-family home facing Forest Avenue on each lot. Lot 1 will have a width of a 70.00 feet and an area of 8,237 square feet, Lot 2 will have a width of 62.03 feet and an area of 6,875 square feet, and Lot 3 will have a width of 60.35 feet and an area of 6,875 square feet. All three lots meet the required area and width zoning regulations for interior and corner lots in the R-1 Single -Family Residential District, as listed in Section 12- 7-2(J) of the Zoning Ordinance. However, the City's Subdivision Code (Section 13-2-5(R)) requires lots to have a depth of at least 125 feet. The proposed lots have depths between 109.40 and 115.61 feet and do not meet this regulation. Per Section 13-2-6 of the Subdivision Code, the Planning and Zoning Board has the authority to recommend variations from subdivision regulations, so long as the variations do not alter the requirements of the Zoning Code. In this case, all other zoning regulations for the R-1 Single -Family Residential District have been met and no other variations are requested. There is currently a single-family home and a detached garage on the property. The petitioner proposes to tear down this home in order to construct the three new homes. Redevelopment of this property can aid in the revitalization of the neighborhood. The Planning and Zoning Board, after having heard and fully considering the evidence, recommended (7-0) that the City Council approve the Final Plat of Subdivision and Subdivision Variation at 1405 Oxford Road. Staff recommended approval of Ordinance Z-7-18 Approving a Tentative and Final Plat of Subdivision for 1405 Oxford Road and a Variation from Section 13- 2-5.R of the City of Des Plaines Subdivision Regulations with the following conditions: Prior to recording the Final Plat of Subdivision, a grading and drainage plan is approved by the Director of Public Works and Engineering that would include storm sewer construction to drain the proposed lots both in the rear yards and Page 5 of 7 04/02/18 (Cont.) within the Forest Avenue right of way and a surety is posted to guarantee the improvements are constructed. UNFINISHED BUSINESS: Prior to Building Permit issuance, the Director of Public Works and Engineering's review comments of January 21, 2018 are satisfied. Moved by Rodd, seconded by Chester to Approve the Final Plat of Subdivision and Subdivision Variation for 1405 Oxford Road, Case #18 -004 -SUB -V; and further recommend that Z-7-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION Moved by Smith, seconded by Charewicz to Amend Resolutions Previously Approved by City Council in Support of Class 6b Applications in Order to Comply with Cook County's Amended Ordinance Requiring Economic Disclosure Statements from the Applicants to be Filed with the Respective Municipality; and to adopt Resolution R-70-18, A RESOLUTION AMENDING AND RESTATING RESOLUTION R-69-17 SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 100 EAST HOWARD AVENUE. 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 Smith to adopt Resolution R-71-18, A RESOLUTION AMENDING AND RESTATING RESOLUTION R-138-17 SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 2392 WOLF ROAD. 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 Chester to adopt Resolution R-72-18, A RESOLUTION AMENDING AND RESTATING RESOLUTION R-180-17 SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 1794 WINTHROP DRIVE. Upon roll call, the vote was: (Cont.) NEW BUSINESS: WARRANT REGISTER: Resolution R-76-18 APPROVE TENTATIVE, FINAL PLAT OF SUBDIVISION AND VARIATION/ 1405 OXFORD: Ordinance Z-7-18 CLOSED SESSION: Page 6 of 7 AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. 04/02/18 Moved by Charewicz, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Resolution R-76-18, 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: $2,332,723.09. * 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 Sayad, seconded by Brookman, to adopt Ordinance Z-7-18, AN ORDINANCE APPROVING A TENTATIVE AND FINAL PLAT OF SUBDIVISION FOR 1405 OXFORD ROAD AND A VARIATION FROM SECTION 13-2-5.R OF THE CITY OF DES PLAINES SUBDIVISION REGULATIONS. 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 Robinson, seconded by Brookman to enter into Closed Session to discuss Personnel. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared unanimously carried. The City Council recessed at 7:44 p.m. The City Council re -convened at 9:19 pm. Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz. A quorum was present. APPROVE THIRD AMENDMENT TO CITY MANAGER'S EMPLOYMENT AGREEMENT/ BASE SALARY COMPENSATION: ADJOURNMENT: Page 7 of 7 04/02/18 Moved by Brookman, seconded by Rodd, to adopt Resolution R-78-18, THIRD AMENDMENT TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND MICHAEL G. BARTHOLOMEW TO CONSIDER THE BASE SALARY COMPENSATION INCREASE OF 6 -PERCENT. Moved by Sayad to adopt a substitute motion to consider the base salary compensation increase of 4 -percent. The motion died for lack of a second. On the original motion, upon roll call, the vote was: AYES: 5-Lysakowski, Rodd, Brookman, Smith, Charewicz NAYS: 3 -Robinson, Sayad, Chester ABSENT: 0 -None Motion declared carried. Moved by Brookman, seconded by Sayad, to adjourn the meeting. Motion declared carried. The meeting adjourned at 9:21 p.m. Off ifer L. ' salapatanis — CITY CL RK APPROVED BY ME THIS �`'