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09/08/2015Changes on Pages 7, 8 and 9 AMENDED 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, TUESDAY, SEPTEMBER 8, 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 6:01 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, September 8, 2015. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith and Charewicz. A quorum was present. Alderman Chester was absent. Also present were: City Manager Bartholomew, Assistant Director of Finance Bromber, Director of Community and Economic Development Sakas, Economic Development Coordinator Pruss, Senior Planner Mangum, Director of Public Works and Engineering Oakley, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman. EXECUTIVE Moved by Rodd and seconded to go into Executive Session to discuss Collective SESSION: Bargaining, Probable or Imminent Litigation, Pending Litigation and Sale & Purchase of Property. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Chester Motion declared carried. The City Council recessed at 6:02 p.m. The City Council reconvened at 7:20 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith and Charewicz. A quorum was present. Alderman Chester was absent. PRAYER AND The opening prayer was given by Reverend Steven Hjelle of the Evangelical Free PLEDGE: Church, followed by the Pledge of Allegiance to the Flag of the United States of America. CITIZEN PART.: Resident Wayne Serbin addressed the City Council stating that Tap House Grill is offering a free meal to current and retired police and fire fighters on Patriot Day, September 11. Resident Wharton Sinkler, a member of the Des Plaines Bike and Pedestrian Advisory Committee, addressed the City Council announcing a Community Bike Ride on Saturday, September 12 starting at the Methodist Campground. CITIZEN PART.: (Cont'd) CITY CLERK ANNOUNCEMENTS: CONSENT AGENDA: Page 2 of 9 9/8/15 Mr. Leroy Jaworski, a resident of Chicago and member of Fr. Linden Knights of Columbus Council 3627 addressed the City Council announcing its 46th Annual Tootsie Roll Drive taking place September 18 - 20 benefiting numerous charitable organizations. City Clerk Ludwig announced that the 2015 Maine Community Youth Assistance Foundation Community Heroes Dinner will take place on Thursday, September 17 at 6:00 p.m. at Cafe La Cave. Motion by Robinson and seconded to establish the Consent Agenda except for Items 3, 3a, 5, 5a, 9, 9a, 10, l0a and 14. Motion declared carried. Motion by Sayad and seconded to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Chester Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Resolutions R-134-15, R-153-15, R-154-15, R-155-15, and R-160-15 were adopted; and Ordinance M-17-15 was adopted. MINUTES: Moved by Sayad and seconded to approve Minutes of the Regular Meeting of the Consent City Council held August 17, 2015, as published. Motion declared carried as Agenda approved unanimously under Consent Agenda. Moved by Sayad and seconded to approve Minutes of the Executive Session of the City Council held August 17, 2015. Motion declared carried as approved unanimously under Consent Agenda. APPROVE Moved by Haugeberg and seconded to approve Intergovernmental Agreement INTERGOV'T between the Metropolitan Water Reclamation District of Greater Chicago AGR./ MWRD / (MWRD) and the City of Des Plaines for the Rain Barrel program; and adopt RAIN BARREL Resolution R-123-15, A RESOLUTION APPROVING AN PROGRAM: INTERGOVERNMENTAL AGREEMENT WITH THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO Resolution REGARDING A RAIN BARREL PROGRAM. Upon roll call, the vote was: R-123-15 AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Chester Motion declared carried. APPROVE Moved by Sayad and seconded to concur with Staff recommendation to approve HAZARD Hazard Mitigation Grant Program Agreement with Illinois Emergency MITIGATION Management Agency (IEMA) and the Metropolitan Water Reclamation District GRANT of Greater Chicago (MWRDGC) for purposes of property acquisition within the PROGRAM AGR./ IEMA/ MWRD/ PROPERTY ACQUISITION: Consent Agenda Resolution R-134-15 APPROVE LOCAL AGENCY AGR. IDOT/ PRELIMINARY ENG. SVCS. FOR FEDERAL PART./ LEE ST. AND FOREST AVE.: Resolution R-152-15 AUTHORIZE ADD'L BUDGETED EXP./ 2015 HOT MIX ASPHALT CONTRACT: Consent Agenda Resolution R-153-15 AWARD BID/ IT NETWORK FIREWALLS/ SUPPORT WORK: Consent Page 3 of 9 9/8/15 floodplain; and further recommend to adopt Resolution R-134-15, A RESOLUTION APPROVING A GRANT AGREEMENT WITH THE ILLINOIS EMERGENCY MANAGEMENT AGENCY WITH THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO. Motion declared carried as approved unanimously under Consent Agenda. Resident Walter Olson addressed the City Council making suggestions on how to handle the current traffic situation. Resident Wharton Sinkler addressed the City Council making suggestions for a pedestrian crossing at the railroad tracks. Moved by Brookman and seconded to approve Local Agency Agreement for Federal Participation with the Illinois Department of Transportation and Execute the Preliminary Engineering Services Agreement for Federal Participation with Gewalt Hamilton Associates, Inc. for Task Order No. 7 Related to the Signalization Project at Lee Street and Forest Avenue in an amount not -to -exceed $308,474.30 (Budgeted Funds — 2015 Capital Improvement Program); and adopt Resolution R-152-15, A RESOLUTION APPROVING THE EXECUTION OF A LOCAL AGENCY AGREEMENT AND ENGINEERING SERVICES AGREEMENT IN CONNECTION WITH PHASE II OF THE LEE -FOREST INTERSECTION SIGNALIZATION PROJECT. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Chester Motion declared carried. Moved by Sayad and seconded to concur with Staff recommendation to authorize additional budgeted expenditure of the 2015 Hot Mix Asphalt Contract to Orange Crush, LLC, 321 Center Street, Hillside, IL in the amount of $45,200.00 (Budgeted Funds — Capital Projects Supplies — Capital Maintenance); and further recommend to adopt Resolution R-153-15, A RESOLUTION APPROVING THE PURCHASE OF ADDITIONAL ASPHALT PURSUANT TO A CONTRACT WITH ORANGE CRUSH, LLC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad and seconded to concur with Staff recommendation to award bid for IT Network Firewalls & Support Work to the Burwood Group, Inc., 125 South Wacker Drive, Suite 2950, Chicago, IL in an amount not -to -exceed $36,578.83 (Budgeted Funds — IT Replacement/Computer Hardware); and further recommend to adopt Resolution R-154-15, A RESOLUTION Agenda Resolution R-154-15 APPROVE CHANGE ORDER #1/ TASK ORDER #3/ CENTRAL RD. PUMPING STA.: Consent Agenda Resolution R-155-15 AWARD BID/ ROOF REHAB./ FIRE STA. #61: Resolution R-156-15 AWARD BID/ ROOF REHAB./ FIRE STA. #62: Resolution R-157-15 APPROVE LOCAL AGENCY AGR./ IDOT/ SPACECO/ BALLARD RD. SIDEWALK/ SIDEPATH: Consent Agenda Page 4 of 9 9/8/15 APPROVING A CONTRACT WITH THE BURWOOD GROUP, INC., FOR THE PURCHASE AND INSTALLATION OF INFORMATION TECHNOLOGY NETWORK FIREWALLS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad and seconded to concur with Staff recommendation to approve Change Order No. 1 to Task Order No. 3 from MWH Americas, Inc., 175 West Jackson Blvd., Chicago, IL for the Central Road Pump Station in the amount of $28,560.00 (Budgeted Funds — CIP Water/Sewer Fund/Professional Services); and further recommend to adopt Resolution R-155-15, A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO TASK ORDER #3 UNDER A MASTER CONTRACT WITH MWH AMERICAS, INC., FOR ENGINEERING DESIGN SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Resident Brian Burkross addressed the City Council asking questions about the bids received. Moved by Sayad and seconded to defer the award of the bid for the Roof Rehabilitation Project at Fire Station #61 to L. Marshall Roofing and Sheet Metal, Inc., 2100 Lehigh Avenue, Glenview, IL in the amount of $202,000 (Budgeted Funds — Facilities & Grounds Maintenance); and Resolution R-156-15, A RESOLUTION APPROVING A CONTRACT WITH L. MARSHALL ROOFING AND SHEET METAL, INC. FOR ROOF REHABILITATION WORK AT FIRE STATION #61 to the next Regular City Council Meeting of September 21, 2015. Motion declared carried. Resident Brian Burkross addressed the City Council asking questions about the bids received. Moved by Sayad and seconded to defer the award of the bid for the Roof Rehabilitation Project at Fire Station #62 to A-1 Roofing Company, Inc., 1425 Chase Avenue, Elk Grove Village, IL in the amount of $98,800.00 (Budgeted Funds — Facilities & Grounds Maintenance); and Resolution R-157-15, A RESOLUTION APPROVING A CONTRACT WITH A-1 ROOFING COMPANY, INC. FOR ROOF REHABILITATION WORK AT FIRE STATION #62 to the to the next Regular City Council Meeting of September 21, 2015. Motion declared carried. Moved by Sayad and seconded to concur with Staff recommendation to approve Local Agency Agreement with IDOT and engineering agreement with SpaceCo, Inc., 9575 West Higgins Road, Rosemont, IL for construction and construction engineering services related to the Ballard Road Sidewalk/Sidepath; and further recommend to adopt Resolution R-160-15, A RESOLUTION APPROVING THE EXECUTION OF A LOCAL AGENCY AGREEMENT AND AN ENGINEERING SERVICES AGREEMENT IN CONNECTION WITH THE DESIGN AND CONSTRUCTION OF A SIDEWALK AND SIDEPATH Resolution R-160-15 ADVERTISE BID/ HD VIDEO CAMERA SYSTEM/ CITY HALL, POLICE DEPT., DOWNTOWN TRAIN STA. AND LEVEE 60 AREAS: Consent Agenda ORDINANCE M-17-15 AUTHORIZE DISPOSAL OF OBSOLETE/ SURPLUS VEHICLES: Consent Agenda ORDINANCE Z-26-15 MAJOR VARIATIONS/ PARKING AND SIGNAGE/ 2074 MANNHEIM RD.: APPROVE COMMISSION APPOINTMENTS: Consent Agenda Page 5 of 9 9/8/15 ALONG BALLARD ROAD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad and seconded to concur with Staff recommendation to authorize City Clerk to advertise for bid an IP -based High Definition Video Camera System for City Hall, Police Department, Downtown Train Station and Levee 50 areas. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad and seconded to adopt Ordinance M-17-15, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Charewicz and seconded to adopt Ordinance Z-26-15, AN ORDINANCE APPROVING MAJOR VARIATIONS FROM SECTIONS 12-9- 7 AND 12-11-6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 2074 S. MANNHEIM ROAD, DES PLAINES, ILLINOIS (CASE #15-039- V). Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Chester Motion declared carried. Moved by Sayad and seconded to approve the following appointments to the Library Board of Trustees: Denise Hudec - Term to Expire 06/30/2017 and Patricia Thompson - Term to Expire 06/30/2019. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad and seconded to approve the following appointment to the Special Events Commission: Cindy Yelich - Term to Expire 08/31/2018. Motion declared carried as approved unanimously under Consent Agenda. APPROVE COMMISSION REAPPOINTMENTS: Consent Agenda WARRANT REGISTER: REVISIONS TO RESPONSIBLE BIDDER ORDINANCE: Page 6 of 9 9/8/15 Moved by Sayad and seconded to approve the following reappointment to the Board of Fire & Police Commission: D. Michael Albrecht - Term to Expire 04/30/2018. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad and seconded to approve the following reappointments to the Economic Development Commission: Cortney Anderson-Wascher - Term to Expire 12/31/2015; Anthony Bottalla - Term to Expire 04/30/2019; and Patrick Devereaux -Term to Expire 04/30/2019. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad and seconded to approve the following reappointments to the Library Board of Trustees: Kristen Graack - Term to Expire 06/30/2019 and Gregory Sarlo - Term to Expire 06/30/2019. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad and seconded to approve the following reappointments to the Special Events Commission: Brian Wolf - Term to Expire 08/31/2018; Carol Shannon - Term to Expire 08/31/2019; and Luis Contreras - Term to Expire 08/31/2019. 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 Smith, Chair Alderman Sayad stated that he objects to paying invoices from Holland & Knight because we could get them cheaper by an outside or in house service. Alderman Sayad requested the payment to McGuireWoods Consulting, LLC in the amount of $2,100.00 (Page 4, Line 51, Elected Office of the Warrant Register) be held back pending further information from the City Manager. Alderman Robinson agreed. Aldermen Sayad and Brookman did not agree with paying $9,581.12 for the Taste of Des Plaines (Page 19, Line 398, Special Events of the Warrant Register). Moved by Rodd and seconded to recommend to the City Council approval of the September 8, 2015 — Warrant Register, in the total amount of $5,668,830.05 ($5,670,930.05 less $2,100.00); and further recommend that Resolution R-158- 15 be adopted at appropriate time this evening. Motion declared carried. LEGAL & LICENSING — Alderman Haugeberg, Chair Postponed from August 17, 2015 at the request of the Chair. Mr. Jim Duffy addressed the Committee of the Whole stating he is a member of Local 134 Electricians and complimented Des Plaines as a world class city. JO- REVISIONS TO RESPONSIBLE BIDDER ORDINANCE: (Cont'd) MAP AMENDMENT/ 800 EAST NORTHWEST HIGHWAY: MAJOR VARIATION/ 1506-1518 MARKET ST.: UNFINISHED BUSINESS: ORDINANCE M-16-15 APPROVE AMENDMENT TO CITY CODE/ CLASS P LIQ. LIC.: Page 7 of 9 9/8/15 Mr. Joe Mandelke addressed the Committee of the Whole commenting that education is important; the unions stay on top of training. Mr. Paul Benaro addressed the Committee of the Whole commenting about skilled labor and cheap labor. Resident Brian Burkross addressed the Committee of the Whole commenting that he is not against unions; the ordinance is not good for the City. Discussion was held. Moved by Brookman and seconded to recommend to the City Council approval of Ordinance M-18-15 be placed on First Reading at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair Deferred from August 17, 2015 City Council Agenda. Petitioner Four Peaks LLC requested that the matter be deferred to the Regular City Council Meeting of October 5, 2015 due to a scheduling conflict. Deferred from August 17, 2015 City Council Agenda. Moved by Rodd and seconded to defer this matter to the next Regular City Council Meeting of September 21, 2015 October 5, 2015. Motion declared carried. There were no objections. PUBLIC SAFETY — Alderman Sayad, Chair This matter has been deferred by the Chair to the Regular City Council Meeting of September 21, 2015. There were no objections. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Resident Wayne Serbin addressed the City Council questioning the need for another liquor license. Attorney Harlan Powell representing Starbucks addressed the City Council responding to comments about the proposed ordinance and training of servers. Discussion was held. Moved by Rodd and seconded to adopt Ordinance M-16- 15, AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 4 OF THE CITY CODE TO ESTABLISH A CLASS P LIQUOR LICENSE TO PERMIT THE CLASS P LIQ. LIC.: (Cont'd) NEW BUSINESS: WARRANT REGISTER: Resolution R-158-15 REVISIONS TO RESPONSIBLE BIDDER ORDINANCE: Ordinance M-18-15 MAP AMENDMENT/ 800 EAST NORTHWEST HIGHWAY: Ordinance Z-25-15 MAJOR VARIATION/ Page 8 of 9 9/8/15 SALE OF WINE AND BEER AT COFFEE SHOPS. Upon roll call, the vote was: AYES: 5-Haugeberg, Rodd, Smith, Charewicz, Bogusz NAYS: 3 -Robinson, Sayad, Brookman ABSENT: 1 -Chester Motion declared carried. Moved by Smith and seconded to concur with recommendation of Committee of the Whole to adopt Resolution R-158-15, 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: $5,668,830.05 ($5,670,930.05 less $2,100.00 (Invoice from McGuireWoods Consulting, LLC, Page 4, Line 51, Elected Office of the Warrant Register)). Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Chester Motion declared carried. Moved by Haugeberg and seconded to concur with recommendation of Committee of the Whole to place on First Reading Ordinance M-18-15, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 10, "PURCHASING POLICIES AND GUIDELINES," SECTION 5, "FORMAL CONTRACT PROCEDURES," OF THE CITY CODE BY ADDING RESPONSIBLE BIDDER REQUIREMENT. Upon roll call, the vote was: AYES: 4-Haugeberg, Rodd, Brookman, Charewicz NAYS: 3 -Robinson, Sayad, Smith ABSENT: 1 -Chester Motion declared carried. This matter has been deferred to the Regular City Council Meeting of October 5, 2015. Moved by Brookman and seconded to concur with recommendation of Committee of the Whole to defer Ordinance Z-27-15, AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 12-8-1.0 OF THE n Page 9 of 9 9/8/15 1506-1518 CITY OF DES PLAINES ZONING ORDINANCE AT 1506-1518 MARKET MARKET ST.: STREET, DES PLAINES, ILLINOIS (CASE #15-041-V) to the Regular City Council Meeting of September 21, 2015 October 5, 2015. Motion declared Ordinance carried. Z-27-15 EXECUTIVE Moved by Rodd and seconded to go into Executive Session to discuss Collective SESSION: Bargaining, Probable or Imminent Litigation, Pending Litigation and Sale & Purchase of Property. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Chester Motion declared carried. The City Council recessed at 9:41 p.m. The City Council reconvened at 10:34 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith and Charewicz. A quorum was present. Alderman Chester was absent. ADJOURNMENT: Meeting adjourned at 10:35 p.m. APPROVED BY ME THIS �Ste— DAY O�r_�,r /, 2015 L Wji�'�� atthew ' B . gusz, ►< AY Gloria J. Ludwig, MMC — ' Y CLERK