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04/20/2015MINUTES 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, APRIL 20, 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 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, April 20, 2015. ROLL CALL: Roll call indicated the following Aldermen present: Sayad, Brookman and Walsten. Aldermen Haugeberg, Robinson, Rodd, Smith and Charewicz were absent. NOTE: At 6:00 p.m., a quorum was not present, therefore the City Council did not convene. 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 General Counsel Friedman. CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, ORDER: 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 20, 2015. ROLL CALL: Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad, Brookman, Walsten and Charewicz. Alderman Smith was absent. ALLOW Mayor Bogusz announced that a quorum is physically present and Alderman ALDERMAN TO Haugeberg wanted to attend this meeting by telephone conference because of a PARTICIPATE BY family emergency. Pursuant to the Open Meetings Act, a majority of the TELEPHONE Council may allow Alderman Haugeberg to attend this meeting by telephone CONFERENCE: conference. Moved by Brookman, seconded by Charewicz, to allow Alderman Haugeberg to attend this meeting by telephone conference. Upon roll call, the vote was: AYES: 6 -Robinson, Rodd, Sayad, Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. PRAYER AND The opening prayer was given by Capt. Shannon Martinez of The Salvation PLEDGE: Army, followed by the Pledge of Allegiance to the Flag of the United States of America. CITIZEN PART.: Resident Wayne Serbin addressed the City Council wishing the Mayor and his Page 2 of 11 4/20/15 CITIZEN PART.: wife many happy years in their new home on Grant Drive. (Cont' d) CITY CLERK ANNOUNCEMENTS: CONSENT AGENDA: MINUTES: Consent Agenda APPROVE PLAN OF OPERATION AND GOVERNANCE/ MUNICIPAL ELECTRIC AGGREGATION: Ordinance M-12-15 Resident Liz Pollack, a member of the Tenant Council at Henrich House, addressed the City Council asking about vouchers for taxi rides and starting a free bus service to take residents to shopping areas. City Clerk Ludwig announced that results from the April 7, 2015 Election are posted on the City's website under the "Government" tab, April 7, 2015 Election Results. Motion by Rodd, seconded by Robinson, to establish the Consent Agenda except for Items 3 and 3a. Motion declared carried. Motion by Brookman, seconded by Rodd, to approve Consent Agenda. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Resolutions R-73-15, R-74-15 and R-77-15 were adopted; and Ordinances M - 9A -15 and Z-10-15 were adopted. Moved by Brookman, seconded by Rodd, to approve minutes of the Regular Meeting of City Council held March 16, 2015 as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to approve minutes of the Executive Session of City Council held March 16, 2015. 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. Alderman Brookman stated he was opposed to the "Opt Out" option; instead there should be an option to "Opt In". Moved by Charewicz, seconded by Rodd, to place on First Reading 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, Robinson, Rodd, Sayad, Charewicz NAYS: 2 -Brookman, Walsten AWARD BID/ PURCHASE FOUR SERVICE PUMPS AND ONE TRANSFER PUMP/ CENTRAL RD. PUMPING STATION: Consent Agenda Resolution R-73-15 AWARD BID/ GENERATOR AND AUTO TRANSFER SWITCH/ CENTRAL RD. PUMPING STATION: Consent Agenda Resolution R-74-15 AWARD BID/ DEMOLITION/ 2985 MANNHEIM RD.: Consent Agenda Resolution R-77-15 ADVERTISE BID/ FIRE HYDRANT MARKERS: Consent Agenda ADVERTISE BID/ BRIDGE Page 3 of 11 4/20/15 ABSENT: 1 -Smith Motion declared carried. Moved by Brookman, seconded by Rodd, to concur with Staff recommendation to award bid for the purchase and delivery of four (4) service pumps for the Central Road Pumping Station and one (1) transfer pump for the Holy Family Elevated Tank to lowest responsive bidder, Flow -Technics, Inc., 181 Ontario Street, Frankfort, Illinois 60423 in an amount not -to -exceed $192,270.00 (Budgeted Funds — Water Fund/Improvements); and further recommend to adopt Resolution R-73-15, A RESOLUTION APPROVING A CONTRACT WITH FLOW -TECHNICS, INC., FOR THE PURCHASE OF FOUR SERVICE PUMPS AT THE CENTRAL ROAD PUMPING STATION AND ONE TRANSFER PUMP AT THE HOLY FAMILY ELEVATED TANK. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to concur with Staff recommendation to award bid for the Central Road Pumping Station generator and automatic transfer switch (ATS) to lowest responsive bidder, Cummins NPower, 1600 Buerkle Road, White Bear Lake, Minnesota 55110, in the amount of $526,950.00 (Budgeted Funds/Water Fund, Improvements); and further recommend to adopt Resolution R-74-15, A RESOLUTION APPROVING A CONTRACT WITH CUMMINS NPOWER, LLC, FOR THE PURCHASE OF A STANDBY GENERATOR AND AUTOMATIC TRANSFER SWITCH FOR THE CENTRAL ROAD PUMPING STATION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to concur with Staff recommendation to award bid for the demolition of City -owned property at 2985 Mannheim Road to KLF Demolition, 2300 West 167th Street, Markham, Illinois 60428 in the amount of $26,100 (Budgeted Funds — TIF #7); and further recommend to adopt Resolution R-77-15, A RESOLUTION APPROVING AN AGREEMENT WITH K.L.F. ENTERPRISES, INC., FOR DEMOLITION WORK AT 2985 MANNHEIM ROAD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to concur with Staff recommendation to authorize City Clerk to advertise for bid the delivery and purchase of Fire Hydrant Markers. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to concur with Staff recommendation to authorize City Clerk to advertise for bid Bridge Repairs and Levee 50 REPAIRS/ LEVEE 50 REPAIRS — 2015: Consent Agenda ORDINANCE M-9-15 APPROVE NEW CLASS F LIQ. LIC./ 1916 MANNHEIM RD.: Consent Agenda ORDINANCE Z-10-15 COND. USE/ MAJOR VARIATIONS/ 1605 SOUTH DES PLAINES RIVER RD.: Consent Agenda WARRANT REGISTER: Page 4 of 11 4/20/15 Repairs for 2015. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to adopt Ordinance M-9-15, AN ORDINANCE AMENDING SECTION 1, "FEE SCHEDULE" OF CHAPTER 18, "SCHEDULE OF FEES," OF TITLE 4, "BUSINESS REGULATIONS," OF THE CITY CODE TO ADD ONE CLASS F LIQUOR LICENSE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to adopt Ordinance Z-10-15, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND MAJOR VARIATIONS 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), AS AMENDED. 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 Sayad, Chair Alderman Rodd questioned Line 7 on Page 3 of the Warrant Register regarding payment of Membership Dues in the amount of $240.00 to the Rotary Club of Des Plaines for the First Quarter of 2015. Resident Wayne Serbin addressed the Committee of the Whole stating the City should not be paying for memberships. Resident John Milstead addressed the Committee of the Whole requesting that the total amount of the Warrant Register be repeated since he did not hear it when it was announced. Moved by Charewicz, seconded by Robinson, to recommend to the City Council approval of the April 20, 2015 — Warrant Register, in the total amount of $2,597,641.69; and further recommend that Resolution R-78-15 be adopted at appropriate time this evening. Motion declared carried. Alderman Sayad stated that he objects to paying invoices (total amount $27,598.75) from Holland & Knight because we could get it cheaper by an PRELIMINARY PLANNED UNIT DEVELOPMENT/ 300 WESTERN AVE.: AWARD BID/ FIRE STA. #63 GARAGE EXPANSION: Page 5 of 11 4/20/15 outside or in house service. COMMUNITY DEVELOPMENT — Alderman Walsten, Chair Senior Planner Mangum reviewed his Memorandum of April 1, 2015 regarding a Preliminary Planned Unit Development (PUD) requested by Petitioner Rick Zirk for Orleans RHL, LP, 1834 Walden Office Square, Suite 300, Schaumburg, Illinois 60173 for a Preliminary Planned Unit Development (PUD) under Section 3.5 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow for the construction of 101 Townhomes on approximately 7.7 acres as the Colfax Crossing PUD with a requested PUD exception from the R-4, Central Core Residential Zoning District standards for rear setbacks as small as 20.76 -feet instead of not less than 25 -feet. At its February 23, 2015 meeting, the Plan Commission, after having heard and fully considering the evidence, voted (4-0) to recommend approval of the Planned Unit Development, subject to conditions of approval. Additionally, the Plan Commission approved (4-0) the Tentative Plat of Subdivision, subject to conditions. Senior Planner Mangum answered questions from the Aldermen regarding increased traffic, the width of Western Avenue and parking issues which were expressed by the seven residents who attended the Plan Commission meeting. Mr. Rick Zirk for Orleans RHL, LP, addressed the Committee of the Whole answering questions from the Aldermen. Resident Alice Chrostowski who lives in the Stonegate Condominiums addressed the Committee of the Whole stating that parking is a big issue in this area; she is concerned about the marketability of the units by Colfax; she is concerned about the noise from the long freight trains and the number of visitor parking spaces provided; she requested that the developer add six more spaces for Visitor Parking and have City staff assess the concrete sidewalks and staircases in the Lexington townhouse area. Following discussion, moved by Brookman, seconded by Charewicz, to DEFER this matter to the next Regular Council meeting of May 4, 2015. Motion declared carried. There were no objections. PUBLIC WORKS — Alderman Smith, Chair Fire Chief Wax reviewed his Memorandum of April 2, 2015 regarding awarding the bid for a general contractor to construct the addition to Fire Station #63 utility garage. Mr. Joe Gallo from Workmasters, Inc. addressed the Committee of the Whole answering questions from the Aldermen. FIRE STA. #63 GARAGE EXPANSION: (Cont' d) UPDATE CITY CODE/ ALARM SYSTEMS: UNFINISHED BUSINESS: SUPPLEMENTAL PUBLIC HEARING/ MAP AMENDMENT/ RECLASSIFY ZONING/ C-2 TO C-7 DISTRICT/ 2200, 2250 2300, Page 6 of 11 4/20/15 Moved by Rodd, seconded by Walsten, to recommend to the City Council to award the bid to the lowest responsible bidder, Workmasters, Inc., 220 Graceland Avenue, Des Plaines, Illinois 60016 for a total price not -to -exceed $54,400.00 ($47,200.00 Grant -Funded and $7,200.00 from Capital Projects Fund) and to adopt Resolution R-80-15 at the appropriate time this evening. Moved by Brookman, to adopt a substitute motion to reject all bids. Motion FAILED for lack of a second. Motion declared carried on the original motion to award the bid to Workmasters, Inc. Alderman Brookman did not agree. Alderman Robinson abstained. PUBLIC SAFETY — Alderman Haugeberg, Chair Deferred from April 6, 2015 City Council meeting. Fire Chief Wax reviewed his Memorandum of April 9, 2015 which stated that during the April 6th Committee of the Whole meeting, proposed amendments to provisions of Chapter 7 of the City's Code, related to Alarm Systems, were considered and discussed by the Aldermen. The Ordinance now being presented incorporates amendments that the Aldermen indicated that they would like to be included, as well as other changes that serve to clean-up the Chapter and provide consistency with other recent Code changes in the Business Registration and Licensing chapter. Chief Wax answered questions from the Aldermen. Moved by Walsten, seconded by Sayad, to recommend to the City Council approval of the proposed Amendments to the City Code related to Burglar and Fire Alarms and to place on First Reading Ordinance M-10-15 at the appropriate time this evening. Motion declared carried. Alderman Brookman did not agree. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Director of Community and Economic Development Sakas reviewed his Memorandum of April 10, 2015 regarding a Supplemental Public Hearing for Zoning Map Amendment reclassifying from C-2 to C-7 District (Case #14 -071 - MAP) at 2200, 2250, 2300, 2350-2360 and 2400 E. Devon Avenue. Following the required notifications and Plan Commission public hearings on February 23, 2015, the City Council on March 16, 2015 considered a zoning text amendment (Zoning Case #14 -072 -TA) creating the C-7 High Density Campus Commercial District citywide and a zoning map amendment for 2200, 2250, 2300, 2350- 2350-2360, 2400 EAST DEVON AVE.: SUPPLEMENTAL PUBLIC HEARING/ MAP AMENDMENT/ RECLASSIFY ZONING/ C-2 TO C-7 DISTRICT/ 2200, 2250 2300, 2350-2360, 2400 EAST DEVON AVE.: Page 7 of 11 4/20/15 2360 and 2400 E. Devon Avenue (Zoning Case #14 -071 -MAP) reclassifying those properties from C-2 Limited Office Commercial to the new C-7 High Density Campus Commercial District. To ensure a comprehensive and transparent public review of this case, on March 24 and March 26, 2015 staff issued a supplementary notice of the proposed map amendment to all of the Rosemont residents on the south side of Devon Avenue via mail. The required legal notice was published and signs were posted per city code. This was the third notification of a public hearing on this zoning case. Staff recommended the City Council conduct a supplemental and final public hearing in anticipation of second reading for the ordinance approving Zoning Case #14 -071 -MAP. MINUTES OF THE SUPPLEMENTAL PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, APRIL 20, 2015 Mayor Bogusz called the Public Hearing to order at 8:33 p.m. The Supplemental Public Hearing was being held pursuant to legal notice for Zoning Map Amendment reclassifying from C-2 to C-7 District (Case #14 -071 - MAP) at 2200, 2250, 2300, 2350-2360 and 2400 E. Devon Avenue. The required legal notice was published and signs were posted per City code. Mr. Luis Hernandez, President of the Board of Managers for Executive Estates Condominium Association and William Ryan, Attorney representing the Executive Estates Condominium Association, appeared before the City Council commenting that a perimeter objection was personally delivered to the City of Des Plaines on April 16, 2015. There are 79 letters from the condominium owners who live in Executive Estates and are opposed to the rezoning. General Counsel Friedman stated that although he had received the protest, he had not received actual proof of ownership or the Minutes or By-laws of the Association. Director Sakas and General Counsel Friedman answered questions from the Aldermen. Residents Rich Einecker and George Cutro addressed the City Council acknowledging that Mr. Kozonis met with the homeowners on March 21, 2015 and Mr. Einecker read a statement regarding the reclassification of the zoning and expressed the concerns of the residents. Mr. Rick Fawell addressed the City Council stating he is an architect and could not confirm that $20 Million would be generated from this project. Resident Wayne Serbin addressed the City Council requesting that this matter be deferred to the May 18, 2015 City Council meeting instead of the May 4, 2015 meeting due to the swearing in of newly elected officials. SUPPLEMENTAL PUBLIC HEARING/ MAP AMENDMENT: (Cont' d) CITYWIDE TEXT AMENDMENT/ CREATE C-7 HIGH DENSITY CAMPUS ZONING DISTRICT: Ordinance Z-11-15 MAP AMENDMENT/ 2200, 2250 2300, 2350-2360, 2400 EAST DEVON AVE.: Ordinance Page 8 of 11 4/20/15 Mr. Einecker addressed the City Council requesting that this matter be deferred to the May 4, 2015 City Council meeting. The Public Hearing was adjourned at 9:12 p.m. The City Council reconvened at 9:13 p.m. Moved by Charewicz, seconded by Rodd, to TABLE this matter indefinitely. Moved by Walsten, seconded by Sayad, to adopt a substitute motion to DEFER this matter to the May 4, 2015 City Council meeting. Upon roll call, the vote was: AYES: 3-Haugeberg, Sayad, Walsten NAYS: 4 -Robinson, Rodd, Brookman, Charewicz ABSENT: 1 -Smith Motion declared FAILED. Alderman Charewicz withdrew his motion and Alderman Rodd withdrew her second to TABLE this matter indefinitely. Moved by Charewicz, seconded by Rodd, to TABLE this matter to the June 15, 2015 City Council meeting. Upon roll call, the vote was: AYES: 3 -Rodd, Brookman, Charewicz NAYS: 4-Haugeberg, Robinson, Sayad, Walsten ABSENT: 1 -Smith Motion declared FAILED. Moved by Brookman, seconded by Sayad, to DEFER the Citywide Text Amendment to the May 18, 2015 City Council meeting. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. Moved by Brookman, seconded by Sayad, to DEFER the MAP Amendment to the May 18, 2015 City Council meeting. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. Z-12-15 ORDINANCE M-11-15 AMEND CITY CODE/ SNOW ROUTE/ SHERWIN AVENUE: CITYWIDE TEXT AMENDMENT/ NONCONFORMING BILLBOARDS: Ordinance Z-15-15 NEW BUSINESS: WARRANT REGISTER: Resolution R-78-15 Page 9 of 11 4/20/15 Moved by Walsten, seconded by Brookman, to adopt Ordinance M-11-15, AN ORDINANCE AMENDING SECTION 7-3-8 OF THE CITY CODE TO DESIGNATE THE SEGMENT OF SHERWIN AVENUE BETWEEN MAGNOLIA STREET AND DES PLAINES RIVER ROAD AS A SNOW ROUTE. Upon roll call, the vote was: AYES: 5-Haugeberg, Robinson, Sayad, Brookman, Walsten NAYS: 2 -Rodd, Charewicz ABSENT: 1 -Smith Motion declared carried. Deferred from 3/16/15 and 4/6/15 City Council Meetings. Moved by Rodd, seconded by Charewicz, to place on First Reading 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). Following discussion, moved by Walsten, seconded by Rodd, to call for the vote. Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Rodd, Sayad, Walsten, Charewicz NAYS: 1 -Brookman ABSENT: 1 -Smith Motion declared carried. Regarding the motion to place on First Reading Ordinance Z-15-15, upon roll call, the vote was: AYES: 5 -Robinson, Rodd, Sayad, Walsten, Charewicz NAYS: 2-Haugeberg, Brookman ABSENT: 1 -Smith Motion declared carried. Moved by Sayad, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Resolution R-78-15, 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 MAKE PAYMENT FOR SAME. Total: $2,597,641.69. Upon roll call, the vote was:, AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Charewicz NAYS: 0 -None Resolution R-78-15 (Cont' d) PRELIMINARY PLANNED UNIT DEVELOPMENT/ 300 WESTERN AVE.: Ordinance Z-16-15 AWARD BID/ FIRE STA. #63 GARAGE EXPANSION: UPDATE CITY CODE/ ALARM SYSTEMS: Ordinance M-10-15 EXECUTIVE SESSION: ADJOURNMENT: Page 10 of 11 4/20/15 ABSTAIN: 1 -Smith ABSENT: 0 -None Motion declared carried. Alderman Sayad stated that he objects to paying invoices (total amount $27,598.75) from Holland & Knight because we could get them cheaper by an outside or in house service. Moved by Walsten, seconded by Sayad, to DEFER this matter to the next Regular City Council meeting of May 4, 2015. Motion declared carried. There were no objections. Moved by Charewicz, seconded by Sayad, to adopt Resolution R-80-15, A RESOLUTION APPROVING A CONTRACT WITH WORKMASTERS, INC., TO CONSTRUCT AN ADDITION TO THE UTILITY GARAGE OF FIRE STATION #63. Upon roll call, the vote was: AYES: 5-Haugeberg, Rodd, Sayad, Walsten, Charewicz NAYS: 1 -Brookman ABSTAIN: 1 -Robinson ABSENT: 1 -Smith Motion declared carried. Moved by Haugeberg, seconded by Charewicz, to place on First Reading Ordinance M-10-15, AN ORDINANCE AMENDING THE DES PLAINES CITY CODE REGARDING THE REGULATION OF ALARM SYSTEMS. Motion declared carried. Alderman Brookman voted Nay. Moved by Brookman, seconded by Sayad, to adjourn to Executive Session to discuss Personnel. Upon roll call, the vote was: AYES: 4-Haugeberg, Sayad, Brookman, Walsten NAYS: 4 -Robinson, Rodd, Charewicz, Bogusz ABSENT: 1 -Smith Motion declared FAILED. Moved by Charewicz, seconded by Rodd, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:57 p.m. APPROVED BY ME THIS DAY OF Matthew APA ripogusz, ./p 2015 Page 11 of 11 4/20/15 9, bilzt" f -Gloria J. Ludwig, MMC — CITY CLERK