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05/04/2015MINUTES 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, MAY 4, 2015 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by City Clerk Ludwig at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 4, 2015. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Smith and Charewicz. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Human Resources Wing, Director of Public Works and Engineering Oakley, Director of Community & Economic Development Sakas, Police Chief Kushner, Fire Chief Wax, and General Counsel Friedman. City Clerk Ludwig announced that Mayor Bogusz is temporarily absent from tonight's meeting and requested a motion to appoint a Mayor Pro Tem for this meeting only. Moved by Rodd, seconded by Robinson, to appoint Alderman Smith as Mayor Pro Tem. Moved by Sayad, seconded by Haugeberg, to adopt a substitute motion to appoint Alderman Walsten as Mayor Pro Tem. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 1 -Rodd ABSENT: 0 -None Motion declared carried. PRAYER AND The opening prayer was given by Reverend Daryl York of the Brentwood PLEDGE: Baptist Church, followed by the Pledge of Allegiance to the Flag of the United States of America. SWEARING-IN Mayor Pro Tem Walsten administered the Oath of Office to CEREMONY: Firefighter/Inspector David Schuman promoted to Division Chief of Fire Prevention and Firefighter/Paramedic Edward Rogers promoted to Division Chief of Emergency Medical Services (EMS). PROCLAMATIONS: Director of Human Resources Wing read the Proclamation signed by Mayor Bogusz which declared May 3-9-2015 as "Public Service Recognition Week" in the City of Des Plaines and commended all City employees for delivering alit public service to the residents. Page 2 of 10 5/4/15 PROCLAMATIONS: City Clerk Ludwig read the Proclamation signed by Mayor Bogusz which declared (Cont'd) May 3-9-2015 as "Municipal Clerks' Week" to recognize the accomplishments of the Office of the Municipal Clerk and extend appreciation to all Municipal Clerks and Deputy Clerks for the vital services they perform and their exemplary dedication to the communities they represent. CITIZEN PART.: CITY CLERK ANNOUNCEMENTS: CONSENT AGENDA: Resident Wayne Serbin addressed the City Council congratulating Alderman Walsten on being appointed Mayor Pro Tem and ending his term on a high note. Mr. Serbin gave advice to the re-elected and newly elected aldermen. Resident Brian Burkross addressed the City Council commenting on the recent election of aldermen. Ms. Elizabeth Corrado addressed the City Council introducing herself to the residents and giving a description of the non-profit organization "Elevate Energy" which provides information on smarter energy use for all. Mr. Luis Rivas, Representative of the Postal Workers Union, and Ms. Veronica Julion, Representative of the National Association of Letters Carriers and Food Drive Coordinator announced the annual Postal Workers Food Drive which will take place on Saturday, May 9, 2015. Resident Michael Pesola addressed the City Council commenting about the property located at 10 East Golf Road. Mayor Pro Tem Walsten stated that public input will be allowed during the Committee of the Whole. City Clerk Ludwig stated that the Clerk's Office received a thank you letter from the Cook County Clerk's Office regarding the announcement seeking people to be election judges. Moved by Haugeberg, seconded by Sayad, to establish the Consent Agenda. Motion declared carried. Moved by Sayad, seconded by Brookman, to approve Consent Agenda. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Staff recommendations and requests were approved; Minutes were approved; Ordinance M-10-13 was placed on First Reading; Resolutions R-79-13 and R- 81-13 were adopted. Ordinances M-10-13, Z-11-13 and Z-12-13 were adopted. MINUTES: Moved by Sayad, seconded by Brookman, to approve Minutes of the Executive Consent Session of the City Council held April 6, 2015. Motion declared carried as Agenda approved unanimously under Consent Agenda. 91)14'' Page 3 of 10 5/4/15 Moved by Sayad, seconded by Brookman, to approve Minutes of the Regular Meeting of the City Council held April 6, 2015, as published. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ Moved by Sayad, seconded by Brookman, to concur with Staff 2015 CIP, recommendation to award the 2015 Capital Improvement Program, Contract A CONTRACT A/ Street & Utility Improvements, project to low bidder, John Neri Construction STREET AND Co., Inc., 770 Factory Road, Addison, Illinois 60101 in the amount of UTILITY $3,777,687.10 (Budgeted Funds/Capital Projects); and further recommend to IMPROV'S: adopt Resolution R-76-15, A RESOLUTION APPROVING A Consent CONSTRUCTION CONTRACT WITH JOHN NERI CONSTRUCTION CO., Agenda INC., FOR THE 2015 CAPITAL IMPROVEMENT PROJECT STREET & UTILITY IMPROVEMENTS CONTRACT A. Motion declared carried as Resolution approved unanimously under Consent Agenda. R-76-15 AUTHORIZE LIC. Moved by Sayad, seconded by Brookman, to concur with Staff AGR./ recommendation to authorize a non-exclusive revocable license agreement with ELLINWOOD First Merit Bank, 678 Lee Street, Des Plaines, Illinois 60016 to permit the STREETSCAPE construction and maintenance of the Ellinwood Streetscape Improvements; and IMPROV'S: further recommend to adopt Resolution R-75-15, A RESOLUTION Consent APPROVING A LICENSE AGREEMENT WITH FIRSTMERIT BANK TO Agenda PERMIT THE CONSTRUCTION OF STREETSCAPE IMPROVEMENTS AS PART OF THE ELLINWOOD STREETSCAPE PROJECT. Motion declared Resolution carried as approved unanimously under Consent Agenda. R-75-15 AWARD BID/ Moved by Sayad, seconded by Brookman, to concur with Staff 2015 CRACK recommendation to award bid for 2015 crack sealing contract to lowest SEALING responsible bidder Behm Pavement Maintenance, Inc., 3010 Route 176, Crystal CONTRACT: Lake, Illinois 60014 in the amount of $80,000.00 (Budgeted Funds — Motor Consent Fuel Tax Funds); and further recommend to adopt Resolution R-81-15, A Agenda RESOLUTION APPROVING A CONTRACT WITH BEHM PAVEMENT MAINTENANCE, INC., FOR THE SEALING OF CRACKS ON VARIOUS Resolution ROADS WITHIN THE CITY OF DES PLAINES. Motion declared carried as R-81-15 approved unanimously under Consent Agenda. APPROVE Moved by Sayad, seconded by Brookman, to concur with Staff PURCHASE/ recommendation to approve the purchase of twenty-six (26) in -car video IN -CAR VIDEO systems for Police Department vehicles from L-3 Mobile -Vision Incorporated, SYSTEMS/ 90 Fanny Road, Boonton, New Jersey 07005, in the amount not -to -exceed POLICE DEPT.: $204,482.00 (to be paid for by Asset Forfeiture Funds); and further recommend Consent to adopt Resolution R-82-15, A RESOLUTION AUTHORIZING THE Agenda PURCHASE OF IN -CAR VIDEO SYSTEMS FOR POLICE DEPARTMENT VEHICLES FROM L-3 MOBILE -VISION, INC. Motion declared carried as Resolution approved unanimously under Consent Agenda. R-82-15 AWARD BID/ Moved by Sayad, seconded by Brookman, to concur with Staff CENTRAL RD. PUMPING STA. IMPROV'S: Consent Agenda Resolution R-83-15 APPROVE CENTRAL RD. PUMP STA. IMPROV'S AND NORTHWEST WATER COM. CONVEYANCE IMPROV'S. TASK ORDER #7 CONST. ENG. SVCS.: Consent Agenda Resolution R-84-15 AWARD BID/ 2015 CIP STREET & UTILITY IMPROV'S — CONTRACT C: Consent Agenda Resolution R-85-15 APPROVE TASK ORDER #4/ 2015 CIP — CONTRACT C STREET & UTILITY IMPROV'S: Consent Agenda Resolution R-86-15 Page 4 of 10 5/4/15 recommendation to award bid for Central Road Pumping Station improvements contract to lowest responsible bidder, Manusos General Contracting, Inc., 91 Christopher Way, Fox Lake, Illinois 60020 in the amount of $2,494,000.00 (Budgeted Funds — Water Fund/Improvements); and further recommend to adopt Resolution R-83-15, A RESOLUTION APPROVING A CONTRACT WITH MANUSOS GENERAL CONTRACTING, INC., FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CENTRAL ROAD PUMPING STATION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to approve Central Road Pump Station improvements and Northwest Water Commission conveyance improvements Task Order #7 for construction engineering services from MWH Americas, Inc., 175 West Jackson Boulevard, Suite 1900, Chicago, Illinois 60604 in the amount of $524,600.00 (Budgeted Funds — Water Fund/Professional Services); and further recommend to adopt Resolution R-84-15, A RESOLUTION APPROVING TASK ORDER NO. 7 WITH MWH AMERICAS, INC., FOR CONSTRUCTION ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to award bid of the 2015 CIP Street & Utility Improvements, Contract C Project to low bidder Orange Crush, LLC, 321 South Center Street, Hillside, Illinois 60162 in the amount of $3,920,469.00 (Budgeted Funds — Capital Projects); and further recommend to adopt Resolution R-85-15, A RESOLUTION APPROVING A CONTRACT WITH ORANGE CRUSH, LLC., FOR THE 2015 CAPITAL IMPROVEMENT PROJECT STREET & UTILITY IMPROVEMENTS, CONTRACT C. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to approve Task Order #4 for 2015 Capital Improvement Program, Contract C Street & Utility Improvements - construction engineering services from SpaceCo, Inc., 9575 West Higgins Road, Suite 700, Rosemont, Illinois 60018 in an amount not -to -exceed $84,000.00 (Budgeted Funds — Capital Projects Fund); and further recommend to adopt Resolution R-86-15, A RESOLUTION APPROVING TASK ORDER NO. 4 WITH SPACECO, INC., FOR CONSTRUCTION ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISE BID/ 2015 PARKING STRUCTURE MAINT. REPAIRS PER SPEC' S.: Consent Agenda WARRANT REGISTER: PRELIMINARY PLANNED UNIT DEVELOPMENT/ 300 WESTERN AVE.: BLIGHTED AREA/ 10 EAST GOLF RD.: Page 5 of 10 5/4/15 Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to authorize the City Clerk to advertise for bid the 2015 Parking Structure Maintenance Repairs per specifications. Motion declared carried as approved unanimously under Consent Agenda. MAYOR PRO TEM WALSTEN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Sayad, Chair Alderman Sayad referred to Page 14 of the Warrant Register, Line #330 regarding Dispatch Services Second Quarter Payment in the amount of $16,864.50. City Manager Bartholomew gave an explanation of the expenditure. Moved by Haugeberg, seconded by Robinson, to recommend to the City Council approval of the May 4, 2015 — Warrant Register, as amended, in the total amount of $4,424,676.71; and further recommend that Resolution R-87-15 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Walsten, Chair Deferred from 4/20/15 City Council Meeting. Senior Planner Mangum review the Planned Unit Development proposed by Colfax Crossing with revisions to the plan of 15 off street parking spaces and 30 spaces within the development and answered questions from the Aldermen. Resident Karen Schmidt from the 7t1i Ward addressed the Committee of the Whole asking if open space for a park is being planned. Senior Planner Mangum stated that there are no park areas being proposed and answered questions from the Aldermen. Mr. Rick Zirk of Orleans Homes stated the development is designed to attract the transportation oriented person. Mr. Zirk answered questions from the Aldermen. Moved by Smith, seconded by Sayad, to recommend to the City Council approval of Ordinance Z-16-15 as amended at appropriate time this evening. Motion declared carried. Alderman Robinson did not agree. Director of Community and Economic Development Sakas reviewed his Memorandum of April 24, 2015 regarding a resolution declaring 10 East Golf Road as a blighted area. Page 6 of 10 5/4/15 Moved by Sayad, seconded by Haugeberg, to recommend to the City Council approval of Resolution R-90-15 at appropriate time this evening. Motion declared carried. CLASS 7B APPL./ Director of Community and Economic Development Sakas reviewed his 10 EAST GOLF Memorandum of April 24, 2015 regarding the Class 7B Resolution Request for RD.: 10 East Golf Road by Abbott Land & Investment Corporation. Resident Michael Pesola addressed the Committee of the Whole asking about the amount of property taxes received and who will pay for the light. Resident Patsy Smith addressed the Committee of the Whole complimenting the City of Des Plaines for pursuing Mariano's. Resident Mark Johnson addressed the Committee of the Whole suggested that there be Ward meetings to discuss this proposal. Resident Tim Zurkowski addressed the Committee of the Whole asked if a traffic study had been conducted. Resident Brian Burkross addressed the Committee of the Whole asking about the area being blighted and what happens if the project falls through; he is concerned about taxpayer money. Resident Rebecca Fowler addressed the Committee of the Whole thanked the City Council for bringing Mariano's to Des Plaines. Resident Wayne Serbin addressed the Committee of the Whole that by having a Mariano's residents can use a credit card in Des Plaines which brings tax revenue. Moved by Sayad, seconded by Haugeberg, to recommend to the City Council approval of Resolution R-88-15 at appropriate time this evening. Motion declared carried. Director Sakas answered questions from the Aldermen. SALES TAX Director of Community and Economic Development Sakas reviewed his REBATE AGR./ 10 Memorandum of April 23, 2015 regarding a resolution approving a sales tax EAST GOLF RD.: rebate agreement by, between, and among the City of Des Plaines, Abbott Land and Investment Corp. and Roundy's Illinois, LLC. At 10 East Golf Road. Resident Michael Pesola addressed the Committee of the Whole asking about roads in the area. Resident Mark Fowler addressed the Committee of the Whole stating that having a Mariano's was good for the City. 10 EAST GOLF RD.: (Cont' d) UNFINISHED BUSINESS: ORDINANCE M-12-15 APPROVE PLAN OF OPERATION AND GOVERNANCE/ MUNICIPAL ELECTRIC AGGREGATION: ORDINANCE Z-15-15 CITYWIDE TEXT AMENDMENT/ NONCONFORMING BILLBOARDS: ORDINANCE M-10-15 UPDATE CITY CODE/ ALARM SYSTEMS: NEW BUSINESS: WARRANT REGISTER: Resolution R-87-15 Page 7 of 10 5/4/15 Moved by Sayad, seconded by Haugeberg, to recommend to the City Council approval of Resolution R-89-15 at appropriate time this evening. Motion declared carried. MAYOR PRO TEM WALSTEN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Rodd, seconded by Sayad, to adopt Ordinance M-12-15, AN ORDINANCE AUTHORIZING AN ELECTRICITY AGGREGATION PROGRAM AND APPROVING A PLAN OF OPERATION AND GOVERNANCE PURSUANT TO THE ILLINOIS POWER AGENCY ACT. Upon roll call, the vote was: AYES: 5-Haugeberg, Rodd, Sayad, Smith, Charewicz NAYS: 2 -Robinson, Brookman, Walsten ABSENT: 0 -None Motion declared carried. Moved by Charewicz, seconded by Rodd, to adopt Ordinance Z-15-15, AN ORDINANCE AMENDING THE TEXT OF THE CITY ZONING ORDINANCE REGARDING RECONSTRUCTION OF CERTAIN NONCONFORMING BILLBOARD SIGNS (CASE 15 -006 -TA). Upon roll call, the vote was: AYES: 5-Haugeberg, Robinson, Rodd, Sayad, Walsten, Charewicz NAYS: 2 -Brookman, Smith ABSENT: 0 -None Motion declared carried. Moved by Charewicz, seconded by Sayad, to adopt Ordinance M-10-15, AN ORDINANCE AMENDING THE DES PLAINES CITY CODE REGARDING THE REGULATION OF ALARM SYSTEMS. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Walsten, Smith, Charewicz NAYS: 1 -Brookman ABSENT: 0 -None Motion declared carried. Moved by Sayad, seconded by Charewicz, to concur with recommendation of Committee of the Whole to adopt Resolution R-87-15, 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 Q41-- Resolution R-87-15 (Cont' d) PRELIMINARY PLANNED UNIT DEVELOPMENT/ 300 WESTERN AVE.: Ordinance Z-16-15 BLIGHTED PARCEL/ 10 EAST GOLF RD.: Resolution R-90-15 CLASS 7B APPL./ 10 EAST GOLF RD.: Resolution R-88-15 SALES TAX REBATE AGR./ 10 EAST GOLF RD.: Resolution R-89-15 COUNCIL RECESS: Page 8 of 10 5/4/15 MAKE PAYMENT FOR SAME. Total: $4,424,676.71. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Smith, seconded by Sayad, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-16-15, AN ORDINANCE APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT WITH PERMITTED REAR SETBACK EXCEPTIONS LOCATED AT 300 WESTERN AVENUE, DES PLAINES, ILLINOIS (CASE #15 -007 -PUD -SUB). Motion declared carried. Aldermen Haugeberg and Robinson voted Nay. Moved by Sayad, seconded by Smith, to concur with recommendation of Committee of the Whole to adopt Resolution R-90-15, A RESOLUTION DESIGNATING PROPERTY IN THE CITY OF DES PLAINES AS BLIGHTED AND IN NEED OF RENEWAL. Moved by Haugeberg, seconded by Robinson, to concur with recommendation of Committee of the Whole to adopt Resolution R-88-15, RESOLUTION SUPPORTING AND CONSENTING TO ABBOTT LAND & INVESTMENT CORP.'S CLASS 7B CLASSIFICATION APPLICATION FOR 10 E. GOLF ROAD. Motion declared carried. Moved by Sayad, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Resolution R-89-15, A RESOLUTION APPROVING A SALES TAX REBATE AGREEMENT WITH ABBOTT LAND AND INVESTMENT CORP. AND ROUNDY'S ILLINOIS, LLC. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Sayad, seconded by Charewicz, to recess the meeting at 9:16 p.m. for the presentation of a plaque to an outgoing elected official and the swearing-in of the newly elected officials. Motion declared carried. PRESENTATION: Alderman Sayad presented a plaque of appreciation to outgoing Alderman Walsten — Sixth Ward. (914' Page 9 of 10 5/4/15 SWEARING-IN The Honorable Bruce Lester administered the Oath of Office to the following CEREMONY: newly -elected officials: John F. Robinson — Alderman — Second Ward Dick Sayad — Alderman — Fourth Ward Malcolm Chester — Alderman — Sixth Ward Don Smith — Alderman - Seventh Ward Michael Charewicz — Alderman — Eighth Ward COUNCIL City Clerk Ludwig called the meeting back to order at 9:24 p.m. RECONVENED: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. City Clerk Ludwig requested a motion to appoint a Mayor Pro Tem for the remainder of the meeting only. Moved by Rodd, seconded by Charewicz, to appoint Alderman Smith as Mayor Pro Tem. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. COMMITTEE ON Mayor Pro Tem Smith requested a motion to appoint a Chairman of the COMMITTEES: Committee on Committees. Moved by Rodd, seconded by Charewicz, to elect Alderman Smith as Chairman of the Committee on Committees. Upon roll call, the vote was: AYES: 4 -Robinson, Rodd, Smith, Charewicz NAYS: 4-Haugeberg, Sayad, Brookman, Chester ABSENT: 0 -None Motion declared FAILED. Moved by Haugeberg, seconded by Brookman, to adopt a substitute motion to elect Alderman Sayad as Chairman of the Committee on Committees. Upon roll call, the vote was: AYES: 4-Haugeberg, Sayad, Brookman, Chester NAYS: 4 -Robinson, Rodd, Smith, Charewicz ABSENT: 0 -None Motion declared FAILED. Page 10 of 10 5/4/15 COMMITTEE ON Moved by Robinson, seconded by Rodd, to adopt a substitute motion to elect COMMITTEES: Alderman Charewicz as Chairman of the Committee on Committees. Upon (Cont'd) roll call, the vote was: AYES: 4 -Robinson, Rodd, Smith, Charewicz NAYS: 4-Haugeberg, Sayad, Brookman, Chester ABSENT: 0 -None Motion declared FAILED. ADJOURNMENT: Moved by Sayad, seconded by Brookman, that the regular meeting of the City Council adjourn. Upon roll call, the vote was: AYES: 5-Haugeberg, Robinson, Sayad, Brookman, Chester NAYS: 3 -Rodd, Smith, Charewicz ABSENT: 0 -None Motion declared carried. Meeting adjourned at 9:29 p.m. APPROVED BY ME THIS DAY OF 1,t4 , 2015 Don Smith, MAYOR PRO TEM 0 (6 Gloria J. Ludwig, MMC IT Y CLERK —