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03/02/2015MINUTES 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, MARCH 2, 2015 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: 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 2, 2015. ROLL CALL: Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad, Brookman, Walsten, Smith and Charewicz. Alderman Haugeberg was absent. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Community and Economic Development Sakas, Senior Planner Mangum, Fire Chief Wax, Director of Human Resources Wing, Police Chief Kushner, Director of Public Works and Engineering Oakley and Assistant City Attorney Weiss. PRAYER AND The opening prayer was given by City Clerk Ludwig, followed by the Pledge of PLEDGE: Allegiance to the Flag. PRESENTATION Police Chief Kushner announced that Detective Sergeant Sean Flanagan was — POLICE DEPT.: promoted to Commander, Patrol Operations. SWEARING IN — Police Chief Kushner administered the Oath of Office to Alex Dunn as NEW POLICE Patrolman. OFFICER: CITY CLERK City Clerk Ludwig announced that: ANNOUNCEMENTS: CONSENT AGENDA: • March 10 is the last day to register to vote in the City Clerk's Office; • Early Voting starts Monday, March 23 from 9 a.m. to 5 p.m.; • Cook County Clerk's Office is looking for Election Judges for the April 7 Election; • Des Plaines Youth Commission is sponsoring the Family Fun Fair on Saturday, March 7 from 5 p.m. to 8 p.m. at Maine West High School; and • Congratulations to Mary Dankowski, Chairman of the Youth Commission, who will be inducted into the Basketball Hall of Fame on May 2nd. Motion by Walsten, seconded by Smith, to establish the Consent Agenda except for Items 2, 2a, 7, 7a and 10. Motion declared carried. Motion by Sayad, seconded by Smith, to approve Consent Agenda. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None CONSENT AGENDA: (Cont' d) MINUTES: Consent Agenda AUTHORIZE DISPOSAL OF OBSOLETE CITY VEHICLES/ EQUIP.: Ordinance M-6-15 AUTHORIZING RIGHT OF FIRST REFUSAL/ SURPLUS PROPERTY/ LIBRARY: Consent Agenda Resolution R-42-15 APPROVE PURCHASE/ ASPHALT HOT BOX TRAILER/ PUBLIC WORKS: Consent Agenda Resolution Page 2 of 10 3/2/15 ABSENT: 1-Haugeberg Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Resolutions R-42-15, R-43-15, R-44-15, R-45-15 and R-49-15 were adopted; and Ordinance M-5-15 was adopted. Moved by Sayad, seconded by Smith, to approve minutes of the Regular Meeting of City Council held February 2, 2015 as published. Motion declared carried as approved unanimously under Consent Agenda. Alderman Rodd requested this Item be removed from Consent Agenda. Director of Public Works and Engineering Oakley answered questions from the Aldermen. Moved by Rodd, seconded by Brookman, to authorize disposal of obsolete city vehicles and equipment via Obenauf Auction Service, Inc., 810 Magna Drive, Round Lake, Illinois 60073; and to place on First Reading Ordinance M-6-15, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Haugeberg Motion declared carried. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to authorize the Right of First Refusal - Surplus Property from the Library (outdated computer equipment); and further adopt Resolution R-42-15, A RESOLUTION WAIVING THE CITY'S RIGHT TO PURCHASE SURPLUS PERSONAL PROPERTY FROM THE DES PLAINES PUBLIC LIBRARY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to approve purchase of a 6 -Ton Asphalt Hot Box Trailer through the National Joint Powers Alliance Contract #113012-FRM to Falcon Asphalt Repair Equipment, 120 Waldo Avenue, Midland, Michigan 48642 in the amount of $52,571.00 (Budgeted Funds — General Equipment); and further recommend to adopt Resolution R-43-15, A RESOLUTION AUTHORIZING THE PURCHASE OF A SIX-TON FALCON ASPHALT HOT BOX TRAILER FROM FALCON ASPHALT REPAIR EQUIPMENT. Motion declared carried as approved unanimously under Consent Agenda. R-43-15 AWARD BID/ 2015 GAS DIESEL FUEL PURCHASE/ PUBLIC WORKS: Consent Agenda Resolution R-44-15 APPROVE TASK ORDER #1/ MASTER CONTRACT SVCS./ AERIAL PHOTOGRAPHY: Consent Agenda Resolution R-45-15 APPROVE LOCAL AGENCY AGR./CONSTR. ENG. SVCS./ IDOT: Resolution R-46-15 Page 3 of 10 3/2/15 Moved by Sayad, seconded by Smith, to concur with Staff recommendation to award bid for the 2015 purchase of unleaded gasoline and diesel fuel to Gas Depot Oil Company, 8700 N. Waukegan Road, Suite 200, Morton Grove, Illinois 60053 in the total amounts of $431,000 and $178,200, respectively (Budgeted Funds — General/Vehicle Maintenance, Water, Sewer); and further recommend to adopt Resolution R-44-15, A RESOLUTION APPROVING AN AGREEMENT WITH GAS DEPOT OIL COMPANY FOR THE PURCHASE OF UNLEADED GASOLINE AND DIESEL FUEL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to approve Task Order #1 with Ayres Associates, Inc., 5201 East Terrace Drive, Suite 200, Madison, Wisconsin 53718 in the amount of $74,472.00 for aerial photography and approve Master Contract for professional services (Budgeted Funds — Geographic Information Systems); and further recommend to adopt Resolution R-45-15, A RESOLUTION APPROVING A MASTER CONTRACT WITH AYRES ASSOCIATES, INC., FOR PROFESSIONAL ENGINEERING SERVICES AND TASK ORDER NO. 1 FOR AERIAL PHOTOGRAPHY AND PLANIMETRIC MAPPING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Alderman Smith requested this Item be removed from Consent Agenda. Director of Public Works and Engineering Oakley answered questions from the Aldermen. Moved by Walsten, seconded by Charewicz, to approve Central Road Bike Shoulders Local Agency Agreement for Federal Participation with Illinois Department of Transportation (IDOT (City's share of construction cost of $309,569.00) and execute the Construction Engineering Services Agreement for Federal Participation with Christopher B. Burke Engineering, Ltd., 9575 W. Higgins Road, Suite 600, Rosemont, Illinois as the construction engineering consultant in a not -to -exceed amount of $80,800.00 with IDOT reimbursement of $64,640.00; and to adopt Resolution R-46-15, A RESOLUTION APPROVING THE EXECUTION OF A LOCAL AGENCY AGREEMENT WITH IDOT AND AN ENGINEERING SERVICES AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD., IN CONNECTION WITH THE DESIGN AND CONSTRUCTION OF PAVED SHOULDERS ALONG CENTRAL ROAD. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Haugeberg Motion declared carried. APPROVE FUNDING/ TEMP. STAFFING SVCS.: Consent Agenda Resolution R-49-15 ADVERTISE BID/ HOT MIX ASPHALT UNIT PRICES - 2015/ PUBLIC WORKS: Consent Agenda ADVERTISE BID/ SERVICE PUMPS/ CENTRAL RD. AND HOLY FAMILY ELEVATED TANK: ADVERTISE BID/ GENERATOR/ AUTO TRANSFER SWITCH SYSTEM/ CENTRAL RD. PUMP STATION: Consent Agenda ORDINANCE M-5-15 2015 APPROPRIATION: Consent Agenda Page 4 of 10 3/2/15 Moved by Sayad, seconded by Smith, to concur with Staff recommendation to appropriate funding for temporary staffing services on an as -needed basis in a not -to -exceed amount of $25,000.00 for 2015 in conjunction with staffing services agreement previously approved in 2014; and further recommend to adopt Resolution R-49-15, A RESOLUTION AUTHORIZING THE EXPENDITURE OF ADDITIONAL FUNDS FOR TEMPORARY STAFFING SERVICES FROM STIVERS TEMPORARY PERSONNEL, INC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to concur with Staff recommendation to authorize City Clerk to advertise for bid Hot Mix Asphalt Unit Prices for 2015 with a proposed bid opening of March 12, 2015 at 10:00 a.m. Motion declared carried as approved unanimously under Consent Agenda. Alderman Walsten requested this Item be removed from Consent Agenda. Director of Public Works and Engineering Oakley answered questions from the Aldermen. Moved by Walsten, seconded by Charewicz, to authorize City Clerk to advertise for bid four (4) service pumps for the Central Road pump station and one (1) transfer pump for the Holy Family elevated tank with a bid opening date of March 19, 2015 at 10:15 a.m. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Haugeberg Motion declared carried. Moved by Sayad, seconded by Smith, to authorize City Clerk to advertise for bid a Generator and Automatic Transfer Switch (ATS) System for the Central Road Pump Station. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to adopt Ordinance M-5-15, 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, 2015 AND ENDING DECEMBER 31, 2015. Motion declared WARRANT REGISTER: VEHICLE STICKER APPL. SVC./ ONLINE PAYMENT CONTRACT: ZONING MAP AMENDMENT/ 751 GRACELAND AVE.: Page 5 of 10 3/2/15 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 Sayad, Chair Alderman Sayad commended Director of Finance Wisniewski and her staff for receiving three distinctive awards for financial excellence in municipal reporting for the years 2013 and 2014 from the Government Finance Officers Association (GFOA). Moved by Walsten, seconded by Brookman, to recommend to the City Council approval of the March 2, 2015 — Warrant Register, in the total amount of $3,431,261.90; and further recommend that Resolution R-47-15 be adopted at appropriate time this evening. Motion declared carried. Assistant City Manager/Director of Finance Wisniewski gave a Power Point presentation regarding a vehicle license fulfillment and online payment option and answered questions from the Aldermen. Moved by Walsten, seconded by Charewicz, to recommend to the City Council approval of the Third Millennium Associates (TMA) Vehicle Sticker Application Fulfillment Service and On-line Payment Contract for a three year term and adopt Resolution R-48-15 at appropriate time this evening. Moved by Brookman, seconded by Walsten, to adopt a substitute motion to amend the contract by changing it from a three year term to an annual renewal with cancellation provisions subject to approval of the contractor. Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Walsten, Chair Senior Planner Mangum reviewed his Memorandum of February 10, 2015 regarding a request by Petitioner Jim Duerr for 751 Graceland LLC for an amendment to the Official Des Plaines Zoning Map, as amended, to reclassify the property at 751 Graceland Avenue from the C-5, Central Business Commercial Zoning District to the R-4, Central Core Residential Zoning District Zoning, Case #15 -001 -MAP. At its February 9, 2015 meeting, the Plan Commission recommended (3-0) that the City Council approve that the zoning district be altered from the C-5 zoning district to R-4. Alderman Robinson stated that this property is in his Ward; it is a taxable building; it would change from a two flat to a multi -unit building; it is a good project; he toured a building in Waukegan. Page 6 of 10 3/2/15 751 GRACELAND Alderman Walsten stated that after reviewing the documents, he had AVE.: reservations about the project as a whole and expressed concerns if the (Cont'd) financing is not there. Alderman Brookman requested that Staff provide information regarding property taxes paid by not-for-profit organizations. Senior Planner Mangum answered questions from the Aldermen. Mr. Jim Duerr representing the owners of 761 Graceland, LLC addressed the Committee of the Whole introducing the Executive Director of the "Over the Rainbow Association". Mr. Eric Hoffman, Executive Director of the "Over the Rainbow Association" addressed the Committee of the Whole giving a history of special needs projects accomplished by the Association and answered questions from the Aldermen. Mr. Graham Hills of G.L. Hills Funeral Horne addressed the Committee of the Whole asking what happens to the use of the property after the zoning change. Mr. Steve Smook, owner of 777 and 763 Graceland Avenue addressed the Committee of the Whole asking what happens if a fire occurs on the property which is next door to his apartment buildings; the downtown buildings are brick, not stucco; there are parking issues; Mr. Smook invited people to visit his property. Mr. Graham Hills addressed the Committee of the Whole stating his concerns regarding parking and setbacks. Mr. Leo Kerwin addressed the Committee of the Whole stating he has been involved with the "Over the Rainbow Association" for the last 19 years, is a former Commissioner in the City of Evanston and works for Motorola; there are tremendous needs in the community. He answered questions regarding parking and transportation issues. Ms. Courtney Stocking addressed the Committee of the Whole stating that she wants to be part of a community; there is a need for buildings like this; independence is important; there is more to the story than taxes. Mr. Mike Locasio addressed the Committee of the Whole stating he has Muscular Dystrophy and has been gainfully employed for 25 years; transportation is a big concern. Moved by Smith, seconded by Charewicz, to recommend to the City Council approval to reclassify the property at 751 Graceland Avenue from the C-5, Central Business Commercial Zoning District to the R-4, Central Core Residential Zoning District Zoning at appropriate time this evening. Motion declared carried. Aldermen Brookman and Walsten did not agree. COND. USE/ MAJOR VARIATIONS/ 1605 SOUTH DES PLAINES RIVER RD.: DISCUSSION/ SPECIAL EVENTS COORDINATOR OPTIONS: Page 7 of 10 3/2/15 Moved by Brookman, seconded by Walsten, to DEFER this matter to the next Regular Council Meeting on March 16, 2015. Motion declared FAILED. Aldermen Brookman and Walsten agreed. Aldermen Robinson, Rodd, Sayad, Smith and Charewicz did not agree. Senior Planner Mangum reviewed his Memorandum of February 11, 2015 regarding a request by Petitioner Azam Kahn requesting a Conditional Use permit under Section 7.3-6.0 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to construct and operate a convenience mart fueling station with attached restaurant and/or specialty food store in the C-3 Zoning District, and the following variations: (1) to Section 7.3-6.D to allow a rear yard (east) setback of 3', instead of not less than 25'; (2) to Section 11.5-1.0 to allow a pole sign with a setback of 2', instead of not less than 5'; (3) to Section 10.9-3 to allow a Landscape Buffer of 3' in depth, instead of not less than 5'; and (4) to Section 9.6-6 to allow a Landscaped Divider of 3' in depth, instead of not less than 5'. Senior Planner Mangum answered questions from the Aldermen. At its February 10, 2015 meeting, the Zoning Board of Appeals approved (7-0) Standard Variations for reduced rear -yard building and pole sign setbacks, subject to conditions. The Zoning Board of Appeals recommended (7-0) that the City Council approve the Conditional Use permit and Major Variations for the decreased landscape buffer and landscaped divider for the establishment of a Convenience Mart Fueling Station in the C-3 zoning district, subject to conditions. Alderman Robinson stated that he met with the condominium association regarding this project; he will not vote for this project tonight. Mr. Ron Ambrose of Ambrose Design Group answered questions from the Aldermen. It was suggested that Director of Community & Economic Development Sakas meet with the applicant to discuss changes to the project. Moved by Robinson, seconded by Brookman, to recommend to the City Council to DEFER the Conditional Use permit and Major Variations for 1605 South Des Plaines River Road, Case #15 -002 -CU -V to the next Regular Council Meeting of March 16, 2015 at appropriate time this evening. Motion declared carried. City Manager Bartholomew reviewed his Memorandum of February 20, 2015 regarding hiring an event coordinator to help support and grow community events on behalf of the City. Following discussion, Staff was directed to seek a request for qualifications to hire a private contractor to coordinate the City's various special events for the upcoming year. Page 8 of 10 3/2/15 DISCUSSION/ Alderman Walsten commented that fuel prices are creeping up and ALTERNATIVE recommended the City convert vehicles to compressed natural gas (CNG). FUEL/ CNG PILOT Mr. David Hagopian, Vice President of Operations, Advanced Vehicle PROGRAM: Technology Services, addressed the Committee of the Whole commenting on the PowerPoint presentation and discussion that took place at the Community Development Committee meeting of February 19, 2015 and answered questions from the Aldermen. Mr. Ronald Shebley of Advanced Vehicle Technology Services, addressed the Committee of the Whole reviewing a study conducted regarding vehicle conversion. City Manager Bartholomew and Police Chief Kushner expressed their concerns regarding conversion of police vehicles to compressed natural gas (CNG). Moved by Sayad to approve the Compressed Natural Gas Pilot Program. Moved by Charewicz, seconded by Rodd, to adopt a substitute motion to return this matter back to Staff to determine which three vehicles should be converted to CNG, create a bid package and bring the results back to the City Council. Motion declared carried. Aldermen Robinson, Rodd, Smith and Charewicz agreed. Aldermen Sayad, Brookman and Walsten did not agree. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. UNFINISHED BUSINESS: AWARD BID/ Moved by Charewicz, seconded by Robinson, to award bid for plumbing 2015-2017 maintenance and repair services on an as -needed basis to Core Mechanical, Inc., PLUMBING 2650 W. Montrose Avenue, Chicago, Illinois 60618 for a 3 -Year contract per MAINT. AND the submitted yearly labor rate with the total not -to -exceed $15,000 annually REPAIR SVCS: (Budgeted Funds — Facilities & Grounds/Repair and Maintenance Account); and adopt Resolution R-33-15, A RESOLUTION APPROVING A Resolution CONTRACT WITH CORE MECHANICAL, INC., FOR PLUMBING R-33-15 MAINTENANCE AND REPAIR SERVICES. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Haugeberg Motion declared carried. NEW BUSINESS: WARRANT Moved by Sayad, seconded by Charewicz, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R-47-15, BE IT RESOLVED BY Resolution R-47-15 VEHICLE STICKER APPL. SVC./ ONLINE PAYMENT CONTRACT: Resolution R-48-15 ZONING MAP AMENDMENT/ 751 GRACELAND AVE.: Ordinance Z-9-15 COND. USE/ MAJOR VARIATIONS/ 1605 SOUTH DES PLAINES RIVER RD.: Ordinance Page 9 of 10 3/2/15 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: $3,431,261.90. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Haugeberg Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to amend the contract with Third Millennium Associates, Inc. by changing it from a three year term to an annual renewal with cancellation provisions subject to approval of the contractor and place Resolution R-48-15, A RESOLUTION APPROVING AGREEMENTS WITH THIRD MILLENNIUM ASSOCIATES, INC., MATRIX PAYMENT SYSTEMS, INC., AND NATIONAL PROCESSING COMPANY FOR VEHICLE LICENSE FULFILLMENT SERVICES on the agenda of the Regular Council Meeting of March 16, 2015 for approval. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Haugeberg Motion declared carried. Moved by Charewicz, seconded by Rodd, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-9-15, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT AND REZONING THE PROPERTY LOCATED AT 751 GRACELAND AVENUE, DES PLAINES, ILLINOIS FROM THE C-5 CENTRAL BUSINESS COMMERCIAL ZONING DISTRICT TO THE R-4 CENTRAL CORE RESIDENTIAL ZONING DISTRICT. (CASE #15 -001 -MAP) Upon roll call, the vote was: AYES: 5 -Robinson, Rodd, Sayad, Smith, Charewicz NAYS: 2 -Brookman, Walsten ABSENT: 1-Haugeberg Motion declared carried. Moved by Walsten, seconded by Brookman, to concur with recommendation of Committee of the Whole to DEFER the matters of a Conditional Use permit and Major Variations for 1605 South Des Plaines River Road, Case #15 -002 - CU -V, and ORDINANCE Z-10-15, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND MAJOR VARIOATIONS FOR THE OPERATION OF A CONVENIENCE MART FUELING STATION IN THE C-3 ZONING DISTRICT AT 1605 S. DES PLAINES RIVER ROAD, DES PLAINES, ILLINOIS. (Case #15 -002 -CU -V) to the next Regular Council 9� Page 10 of 10 3/2/15 Z-10-15 Meeting of March 16, 2015. Motion declared carried. EXECUTIVE Moved by Sayad, seconded by Brookman, to go into Executive Session to SESSION: discuss Pending Litigation. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Haugeberg Motion declared carried. The City Council recessed at 10:26 p.m. The City Council reconvened at 11:39 p.m. Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad, Brookman, Walsten, Smith and Charewicz. Alderman Haugeberg was absent. ADJOURNMENT: Moved by Walsten, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:40 p.m. da -1 loria J. L eQ. APPROVED BY ME THIS MMC — &TY CLERK