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06/01/2015MINUTES 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, JUNE 1, 2015 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, June 1, 2015. ROLL CALL: Roll call indicated the following aldermen physically present: Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Police Chief Kushner, Fire Chief Wax, Director of Public Works & Engineering Oakley, Director of Community Development Sakas, Senior Planner Mangum and General Counsel Friedman. ALLOW ALD. BY Mayor Bogusz announced that a quorum is physically TELEPHONE: present and Alderman Haugeberg wishes to attend the meeting by telephone conference due to a family emergency. Pursuant to the Open Meetings Act, a majority of the City Council may allow Alderman Haugeberg to attend by telephone conference. EXECUTIVE SESSION: Moved by Sayad, seconded by Rodd, to allow Alderman Haugeberg to attend the meeting by telephone conference. Motion declared carried. Moved by Brookman, seconded by Sayad, to DEFER discussion of Personnel in Executive Session until the June 15, 2015 City Council meeting. Upon roll call, the vote was: AYES: 3-Sayad, Brookman, Chester NAYS: 5-Haugeberg, Robinson, Rodd, Smith, Charewicz Motion declared FAILED. Moved by Rodd, seconded by Sayad, to go into Executive Session to discuss Personnel. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Chester, Smith, Charewicz NAYS: 1 -Brookman ABSENT: 0 -None Motion declared carried. The City Council recessed at 6:15 p.m. The City Council reconvened at 7:05 p.m. 6/1/15 PAGE TWO Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz. PRAYER AND The opening prayer was given by Deputy City Clerk PLEDGE: Nancy Peterson, followed by the Pledge of Allegiance to the Flag. COMMITTEE ON Moved by Smith, seconded by Robinson, to concur with COMMITTEES: Committee on Committees regarding the following assignments: BUILDING CODE Robinson - Chairman Brookman - Vice -Chair Charewicz - Member COMMUNITY DEVELOPMENT Charewicz - Chairman Chester - Vice -Chair Rodd - Member COMMUNITY SERVICES ENGINEERING Chester - Chairman Rodd - Chairman Robinson - Vice -Chair Smith - Vice -Chair Smith - Member Brookman - Member FINANCE & ADMINISTRATION Smith - Chairman Sayad - Vice -Chair Robinson - Member PUBLIC SAFETY Sayad - Chairman Rodd - Vice -Chair Haugeberg - Member LEGAL & LICENSING Haugeberg - Chairman Charewicz - Vice -Chair Sayad - Member PUBLIC WORKS Brookman - Chairman Haugeberg - Vice -Chair Chester - Member Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Chester, Smith, Charewicz NAYS: 1 -Brookman ABSENT: 0 -None Motion declared carried. CITIZEN Mr. Wayne Serbin addressed the City Council stating PARTICIPA.: that Des Plaines was ranked 85th in the Top 100 Best Towns nationwide by Niche Rankings. CONSENT Moved by Rodd, seconded by Chester, to establish a AGENDA: Consent Agenda except for Items 9 and 9a. Motion declared carried. CONSENT (Cont' d. ) MINUTES: Consent Agenda HOMELAND SECURITY CODE AMENDMENT: Consent Agenda Ordinance M-13-15 6/1/15 PAGE THREE Moved by Robinson, seconded by Chester, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Staff recommendations and requests were approved; Ordinance M-13-15 was place on First Reading and Resolutions R-96-15, R-97-15, R-98-15, R-100-15, R- 103-15 and R-104-15 were adopted. Moved by Robinson, seconded by Chester, to approve the minutes of the Regular Meeting of the City Council held April 20, 2015. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Chester, to approve the minutes of the Regular Meeting of the City Council held May 4, 2015. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Chester, to approve the minutes of the Executive Session of the City Council held May 18, 2015. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Chester, to approve the minutes of the Regular Meeting of the City Council held May 18, 2015. Motion declared carried as approved unanimously under Consent Agenda Moved by Robinson, seconded by Chester, to concur with Staff recommendation to approve amendments to Chapter 5, Title 2 of the Des Plaines City Code regarding the City Homeland Security and Emergency Management Agency; and further recommend to place on First Reading Ordinance M-13-15, AN ORDINANCE AMENDING CHAPTER 5 OF TITLE 2 OF THE CIYT CODE REGARDING THE CITY HOMELAND SECURITY AND EMERGENCY MANAGEMENT AGENCY. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ FIRE HYDRANT MARKERS: Consent Agenda Resolution R-96-15 BID AWARD/ BRIDGE & LEVEE 50 REPAIRS: Consent Agenda Resolution R-97-15 APPROVE TASK ORDER #3/BRIDGE & LEVEE 50 REPAIRS: Consent Agenda Resolution R-98-15 APPROVE LICENSE AGR./ PACE: Resolution R-99-15 6/1/15 PAGE FOUR Moved by Robinson, seconded by Chester, to concur with Staff recommendation to award bid for Fire Hydrant Markers to the lowest responsible bidder, HD Supply Waterworks, Ltd., 220 South Westgate Drive, Carol Stream, IL 60188, in the total amount of $29,694.00/Budgeted Funds - Water System Fund/Other Supplies; and further recommend to adopt Resolution R-96-15, A RESOLUTION APPROVING AN AGREEMENT WITH HD SUPPLY WATERWORKS, LTD., FOR THE PURCHASE OF FIRE HYDRANT MARKERS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Chester, to concur with Staff recommendation to award bid for 2015 Bridge Repairs and Levee 50 Repairs to Rausch Infrastructure, LLC, 8700 W. Bryn Mawr Avenue, Chicago, IL 60631, in the total amount of $258,484.00/Budgeted Funds - Capital Projects and Water/Sewer Funds; and further recommend to adopt Resolution R-97-15, A RESOLUTION APPROVING A CONTRACT WITH BAUSCH INFRASTRUCTURE, LLC, FOR REPAIRS TO THE ALGONQUIN ROAD AND WASHINGTON STREET BRIDGES AND LEVEE 50 FLOOD WALL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Chester, to concur with Staff recommendation to approve Task Order #3 to HR Green, Inc., 420 North Front Street, Suite 100, McHenry, IL 60050, in the total amount of $26,300.00/Budgeted Funds - Capital Projects/Professional Services; and further recommend to adopt Resolution R-98-15, A RESOLUTION APPROVING TASK ORDER NO. 3 WITH HR GREEN, INC., FOR CONSTRUCTION ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Mr. Wayne Serbin addressed the City Council stating that having the ticket dispensing machine in the Des Plaines Train Station is a terrific idea; he applauds the action; this has improved the community. Moved by Rodd, seconded by Brookman, to concur with Staff recommendation to approve license agreement between the City of Des Plaines and PACE, the Suburban Bus Division of the RTA, 550 W. Algonquin Road, Arlington Heights, IL 60005, to install a Ventra ticket dispensing machine within the City's downtown train station, at no cost to the City for this project; and further recommend to adopt Resolution R-99-15, A RESOLUTION APPROVING A LICENSE PACE AGR. (Cont' d. ) APPROVE LEASE AGREEMENT/ SPRINTCOM Consent Agenda Resolution R-100-15 APPROVE AGR./ IEMA GRANT PROGRAM: Consent Agenda Resolution R-103-15 APPROVE TASK ORDER NO. 5/ 2015 CIP: Consent Agenda Resolution R-104-15 6/1/15 PAGE FIVE AGREEMENT WITH PACE, THE SUBUBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY, TO PERMIT THE INSTALLATION OF A VENTRA TICKET DISPENSING MACHINE AT THE DES PLAINES TRAIN STATION. Upon roll call, the vote was - AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Robinson, seconded by Chester, to concur with Staff recommendation to approve Amendment #2 for cellular communication equipment at the 720 Dulles elevated water tank, between the City of Des Plaines and SprintCom, Inc., 6391 Sprint Parkway, Overland Park, KS 66251-2650; and further recommend to adopt Resolution R-100-15, A RESOLUTION APPROVING AMENDMENT NO. TWO TO LEASE AGREEMENT WITH SPRINTCOM, INC., FOR THE INSTALLATION, MAINTENANCE, AND OPERATION OF WIRELESSS COMMUNICATION EQUIPMENT AT 720 DULLES ROAD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Chester, to concur with Staff recommendation to approve Illinois Emergency Management Agency (IEMA) Hazard Mitigation Grant Program Agreement (FMEA-DR-1935-IL) for fiscal years 2015-2017, in order to receive the balance of the 2nd installment of buyout funds from the grant in the total amount of $3,199,672.00; and further recommend to adopt Resolution R-103-15, A RESOLUTION APPROVING AND AUTHORIZING A STATE -LOCAL HAZARD MITIGATION GRANT PROGRAM ASSISTANCE AGREEMENT WITH THE ILLINOIS EMERGENCY MANAGEMENT AGENCY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Chester, to concur with Staff recommendation to approve Task Order No. 5 for Construction Engineering Services for the 2015 Capital Improvement Program Concrete Improvements Program from SpaceCo., Inc., 9575 W. Higgins Road, Suite 700, Rosemont, IL 60018, in an amount not -to - exceed $90,000/Capital Projects Fund; and further recommend to adopt Resolution R-104-15, A RESOLUTION APPROVING TASK ORDER NO. 5 WITH SPACECO, INC., FOR CONSTRUCTION ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. 6/01/15 PAGE SIX MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION - Alderman Smith, Chair WARRANT Moved by Sayad, seconded by Robinson, to recommend to REGISTER: the City Council approval of the June 1, 2015 - Warrant Register, in the total amount of $6,885,722.43; and further recommend that Resolution R-102-15 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT - Alderman Charewicz, Chair SIGN Senior Planner Mangum reviewed his memo of May 13, VARIATION/ 2015, regarding consideration of a Variance Request 901 W. OAKTON: at 901 W. Oakton Street (Case #15-21-V) to (1) allow more than one wall sign per facade, (2) allow seven freestanding signs on the property (instead of not more than three) and (3) allow approximately 672 square feet of freestanding signage, where a maximum of 550 square feet is allowed. Moved by Sayad, seconded by Chester, to concur with recommendation of Zoning Board of Appeals to approve Variance Request to M&K Truck Center, 901 W. Oakton Street (Case #15-021-V), to (1) allow more than one wall sign per facade, (2) allow seven freestanding signs on the property (instead of not more than three) and (3) allow approximately 672 square feet of freestanding signage, where a maximum of 500 square feet is allowed; and further recommend that Ordinance Z-19-15 be placed on First Reading at appropriate time this evening. Motion declared carried. CONDITIONAL Senior Planner Mangum reviewed his memo of May 13, USE/435 S. DP 2015, regarding a request for a Conditional Use RIVER ROAD: permit to operate a Class B Restaurant with Accessory Drive -Through Facility in the C-3 Zoning District at 435 S. Des Plaines River Road. Moved by Haugeberg, seconded by Sayad, to concur with recommendation of Zoning Board of Appeals, to approve Conditional Use Permit to operate a Class B Restaurant with Accessory Drive -Through Facility in the C-3 Zoning District at 435 S. Des Plaines River Road; and further recommend that Ordinance Z-20-15 be place on First Reading at appropriate time this evening. Motion declared carried. 6/01/15 PAGE SEVEN CONDITIONAL Senior Planner Mangum reviewed his memo of April 29, USE/885-991 E. 2015, regarding a request by Speedway, LLC, (Case TOUHY: #15 -017 -CU) to construct and operate a convenience mart fueling station in the C-3 Zoning District at 885-991 Touhy Avenue. Attorney Kelly Bufton, Seyfarth-Shaw, LLP, Mr. Patrick Devereaux, O'Hare Offices, Attorney Thomas Burney, Zanck, Coen, Wright and Saladin, PC and Ms. Kimberly Strnad, Corporate Design and Development Group, LLC answered questions from the Aldermen. Moved by Brookman, seconded by Sayad, to DEFER request by Speedway, LLC, 885-991 Touhy Avenue (Case #15 -017 -CU) to construct and operate a convenience mart fueling station in the C-3 Zoning District to the July 6, 2015 City Council meeting. Motion declared carried. Aldermen Rodd, Chester and Smith voted no. MAJOR Moved by Rodd, seconded by Sayad, to DEFER request by VARIATIONS/ Over the Rainbow, 751 Graceland Avenue (Zoning Case 751 GRACELAND: #15-013-V), to construct a multi -family residential building in the R-4 Zoning District with major variations to the June 15, 2015 City Council meeting at the request of the petitioner. Motion declared carried. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. WARRANT Moved by Smith, seconded by Sayad, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R-102-15, BE IT RESOLVED BY THE CITY Resolution COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING R-102-15 BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $6,885,722.43. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. SIGN VARIATION/ 901 W. OAKTON: Ordinance Z-19-15 CONDITIONAL USE/435 S. DP RIVER ROAD: Ordinance Z-20-15 CONDITIONAL USE/885-911 E. TOUHY AVE: Ordinance Z-18-15 ADJOURNMENT: 6/01/15 PAGE EIGHT Moved by Charewicz, seconded by Sayad, to concur with Committee of the Whole, to approve Variance Request for M&K Truck Center, 901 W. Oakton Street (Case #15- 021-V), to (1) allow more than one call sign per facade, (2) allow seven freestanding signs on the property (instead of not more than three) and (3) allow approximately 672 square feet of freestanding signage, where a maximum of 500 square feet is allowed; and further recommend that Ordinance Z-19-15 be placed on First Reading, AN ORDINANCE APPROVING MAJOR VARIATIONS FROM SECTION 11.6B OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW THE ERECTION OF WALL AND POLE SIGNS AT 901 W. OAKTON STREET, DES PLAINES, ILLINOIS. (CASE #15-021-V). Motion declared carried. Moved by Charewicz, seconded by Haugeberg, to concur with Committee of the Whole, to approve Conditional Use Permit to operate a Class B Restaurant with Accessory Drive -Through Facility in the C-3 Zoning District at 435 S. Des Plaines River Road; and further recommend that Ordinance Z-20-15 be placed on First Reading, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE OPERATION OF CLASS B RESTAURANT WITH DRIVE-THROUGH FACILITY IN THE C-3 ZONING DISTRICT AT 435 SOUTH DES PLAINES RIVER ROAD, DES PLAINES, ILLINOIS. (CASE #15 -022 -CU). Motion declared carried. Moved by Charewicz, seconded by Sayad, to DEFER request by Speedway, LLC, 885-991 Touhy Avenue (Case #15 -017 -CU -V) to construct and operate a convenience mart fueling station in the C-3 Zoning District to the July 6, 2015 City Council meeting. Motion declared carried. Aldermen Rodd, Chester and Smith voted no. Moved by Chester, seconded by Rodd, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 829 p.m. -z-eve`:/-r Nancy Pet so , Deputy City Clerk APPROVED BY ME THIS DAY OF , 2015 Matthew'J Bogus