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03-18-2013CALL TO ORDER: ROLL CALL: 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, MONDAY, MARCH 18, 2013 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Acting Mayor Dick Sayad at 6:32 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 18, 2013. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Sayad, Wilson and Charewicz. Alderman Brookman arrived at 6:33 p.m. Alderman Bogusz arrived at 6:34 p.m. Alderman Walsten was absent. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Police Chief Kushner, Fire Chief Wax, Director of Human Resources Earl, Director of Public Works and Engineering Oakley, Assistant Director of Public Works and Engineering Ridder, Director of Community & Economic Development Dambach, and General Counsel Friedman. EXECUTIVE SESSION: PRAYER AND PLEDGE: CONSENT AGENDA: Moved by Robinson, seconded by Charewicz, to go into Executive Session to discuss Pending Litigation. Upon roll call, the vote was: A YES: 5-Haugeberg, Robinson, Sayad, Wilson, Charewicz NAYS: 0-None ABSENT: 3-Bogusz, Brookman, Walsten Motion passed unanimously without objection. The City Council recessed at 6:33 p.m. The City Council reconvened at 7:30 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, Wilson and Charewicz. Alderman Walsten was absent. The opening prayer was given by The Reverend Gary Houdek of Golf Road Baptist Church, followed by the Pledge of Allegiance to the Flag. Moved by Brookman, seconded by Robinson, to establish the Consent Agenda except for Items 4 and 4a. Motion declared carried. Moved by Haugeberg, seconded by Charewicz, to approve Consent Agenda except for Items 4 and 4a. Upon roll call, the vote was: A YES: 7-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Wilson, Charewicz NAYS: 0-None ABSENT: 1-Walsten Motion declared carried. MINUTES: Consent Agenda AMEND CITY CODE/ EMERGENCY TELEPHONE ANSWERING (9-1-1) SYSTEM: Consent Agenda Ordinance M-7-13 ORDINANCE M-7-13 AMEND CITY CODE/ EMERGENCY TELEPHONE ANSWERING (9-1-1) SYSTEM: ABATEMENT/ 2012 TAX LEVY: Ordinance M-8-13 ORDINANCE M-8-13 ABATEMENT/ Page 2of10 3/18/13 Minutes were approved; Staff recommendations and requests were approved; Resolutions R-30-13, R-35-13, R-45-13, R-46-13, R-48-13 and R-53-13 were adopted. Ordinance M-7-13 and M-8-13 were placed on First Reading and Ordinance Z-6-13 was adopted. Moved by Haugeberg, seconded by Charewicz, to approve minutes of the Regular Meeting of the City Council held February 19, 2013, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to approve minutes of the Executive Session of the City Council meeting held February 19, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to adopt the ordinance updating the City Code to incorporate the amendments suggested by the Illinois Commerce Commission related to the Emergency Telephone Answering (11) System; and further recommend to place on First Reading Ordinance M-7-13, AN ORDINANCE FURTHER AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 13, "EMERGENCY TELEPHONE ANSWERING SYSTEM -911 ," OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Haugeberg, to advance to Second Reading and adopt Ordinance M-7-13, AN ORDINANCE FURTHER AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 13, "EMERGENCY TELEPHONE ANSWERING SYSTEM -911," OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Wilson, Charewicz NAYS: 0-None ABSENT: 1-Walsten Motion declared carried. Alderman Haugeberg requested that this Item be removed from Consent Agenda for discussion. Moved by Haugeberg, seconded by Bogusz, to approve the property tax abatement which will result in a reduction to the 2012 Property Tax Levy; and further recommend to place on First Reading Ordinance M-8-13, AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2012 TAX LEVY FOR THE 2012 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012. Motion declared carried. Moved by Haugeberg, seconded by Brookman, to advance to Second Reading and adopt Ordinance M-8-13, AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2012 TAX LEVY FOR THE 2012 GENERAL ~}{ 2012 TAX LEVY: AWARD BID/. FIRE DEPT./ ONE TON PICK-UP TRUCK: Consent Agenda Resolution R-30-13 PURCHASE/ PUBLIC WORKS/ FLEET SOFTWARE UPGRADE: Consent Agenda Resolution R-35-13 PURCHASE/ FIRE DEPT./ KNOX BOXES: Consent Agenda Resolution R-45-13 STREET/ PAVEMENT MARKING: Consent Agenda Resolution R-46-13 Page 3of10 3/18/13 OBLIGATION REFUNDING BONDS, SERIES 2012. Upon roll call, the vote was: AYES: NAYS: 7-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Wilson, Charewicz 0-None ABSENT: 1-Walsten Motion declared carried. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation, in the best interest of the City, to approve purchase of one (1) Ford F350 Crew Cab 4X4 one ton pickup truck through the Northwest Municipal Conference Suburban Purchasing Cooperative from Currie Motors, 9423 West Lincoln Highway, Frankfort, Illinois 60421 in an amount not to exceed $35,000.00 (2013 Budget -Capital Equipment Replacement Fund); and further recommend to adopt Resolution R-30-13, A RESOLUTION AUTHORIZING THE PURCHASE OF A FORD F-350 PICK-UP TRUCK FROM CURRIE MOTORS OF FRANKFORT, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to approve purchase of the Computerized Fleet Analysis (CFA)Win8 software upgrade and onsite training from Computerized Fleet Analysis, Inc., d/b/a CFA and CFA Software, 1020 West Fullerton Avenue, Suite A, Addison, Illinois 60101 at a cost of $30,000.00 (2013 Budget - Vehicle Maintenance Fund); and further recommend to adopt Resolution R-35- 13, A RESOLUTION APPROVING AN AGREEMENT WITH COMPUTERIZED FLEET ANALYSIS, INC., OF ADDISON, ILLINOIS, FOR FLEET MANAGEMENT SOFTWARE AND RELATED SUPPORT SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to waive competitive bidding and approve purchase from sole manufacturer of Fire Department Key Boxes and In-vehicle Key Vaults from the Knox Corporation, 1601 West Deer Valley Road, Phoenix, Arizona 85027 in an amount not to exceed $45,030.00 (2013 Budget); and further recommend to adopt Resolution R-45-13, A RESOLUTION APPROVING THE PURCHASE OF KEY BOXES AND KEY VAULTS FROM KNOX CORPORATION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to accept the lane marking bid award through the Suburban Purchasing Cooperative, from Superior Road Striping, Inc., 1967 Cornell Court, Melrose Park, Illinois 60160 at the following unit costs: 4" line -$0.52 I linear ft. 6" line -$0. 78 I linear ft. 12" line -$1. 56 I linear ft. 24" line -$3.90 I linear ft. Letters and symbols -$3 .90 I sq. ft. Marking removal -$0.72 I sq. ft. RESERVATION/ PRIVATE ACTIVITY VOLUME CAP: Consent Agenda Resolution R-48-13 ACCEPT GRANT/ NACCHO: Consent Agenda Resolution R-53-13 ADVERTISE BID/ PUBLIC WORKS/ 2013 CIP CONCRETE IMPROV'S: Consent Agenda ADVERTISE BID/ PUBLIC WORKS/ 2013 CIP STREET & UTILITY IMPROV'S/ CONTRACT A: Consent Agenda ADVERTISE BID/ PUBLIC WORKS/ 2013 CIP STREET & UTILITY Page 4of10 3/18/13 in an amount not to exceed $30,000.00; and further recommend to adopt Resolution R-46-13, A RESOLUTION AUTHORIZING THE PROCUREMENT OF STREET LANE MARKING SERVICES FROM SUPERIOR ROAD STRIPING, INC., OF MELROSE PARK, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to approve the execution of a Resolution reserving the City of Des Plaines' $5,568,615.00 of 2013 private activity volume cap for an industrial or mortgage revenue bond project to be determined at a later date; and further recommend to adopt Resolution R-48-13, A RESOLUTION RESERVING VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND ISSUES AND RELATED MATTERS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to pass a Resolution to enter into a grant agreement and accept grant monies from the National Association of County and City Health Officials (NACCHO) in the amount of $4,000.00 (Contract #MRC13-557) which will allow the City of Des Plaines to help support the Des Plaines Medical Reserve Corps Program; and further recommend to adopt Resolution R-53-13, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM, AND EXECUTION OF A GRANT AGREEMENT WITH, THE NA TI ON AL ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to authorize City Clerk to advertise for bid the 2013 CIP Concrete and Alley Improvements (MFT-13-00000-01-GM) project with a bid opening date of Wednesday, April 3, 2013 at 10:00 a.m. Source of funding - Motor Fuel Tax Fund ($1,298,742.00), Capital Projects Fund ($200,000.00) and Community Development Block Grant (CDBG) Fund ($80,273.00). Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to authorize City Clerk to advertise for bid the 2013 CIP Street and Utility Improvements -Contract A. Source of funding -Water Fund ($764,598.00), Capital Project Fund ($1,200,000.00) and TIF #4 ($450,000.00). Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to authorize City Clerk to advertise for bid the 2013 CIP Street and Utility Improvements -Contract C. Source of funding -Capital Project Fund ($1,900,000.00) and DCEO Grant Fund ($425,000.00). Motion declared ~rt IMPROV'S/ CONTRACTC: Consent Agenda ORDINANCE Z-6-13 COND. USE/ 1643 E. OAKTON STREET: Consent Agenda Page 5of10 3/18/13 carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to adopt Ordinance Z-6-13, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A CURRENCY EXCHANGE AT 1643 E. OAKTON STREET, DES PLAINES, ILLINOIS. (CASE #13-002-CU). Motion declared carried. COMMISSION Presented for your consideration -NO ACTION REQUIRED APPOINTMENTS: WARRANT REGISTER: FIRE PENSION BOARD Susan Pekoe-Term to Expire 05101115 Nicholas Chiaro -Term to Expire 05/01/15 POLICE PENSION BOARD Robert Neil -Term to Expire 04/30/15 BOARD OF FIRE & POLICE COMMISSIONERS Debra Lester -Term to Expire 04/30116 ACTING MAYOR SAYAD DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Bogusz, Chair Motion by Haugeberg, seconded by Robinson, to recommend to the City Council approval of the March 18, 2013 -Warrant Register, in the total amount of $2,748,759.91; and further recommend that Resolution R-50-13 be adopted at appropriate time this evening. Motion declared carried. City Manager Bartholomew, in response to the request by the City Council, asked the representatives of the Lobbyist firms to come forward and introduce themselves. Mr. Michael Cassidy of McGuire Woods Consulting, LLC, addressed the Committee of the Whole introducing himself, provided a history of experience and the role his firm plays in lobbying legislators. Mr. Cassidy answered questions from the Aldermen. Mr. Al Ronan of Alfred G. Ronan, Ltd., addressed the Committee of the Whole introducing himself, provided a history of experience and the role his firm plays in lobbying legislators. Mr. Ronan answered questions from the Aldermen. j~'l CITYWIDE TEXT AMENDMENTS/ ZONING ORDINANCE: CITYWIDE TEXT AMENDMENTS/ USE MATRIX AND SUBDIVISION REGULATIONS: Page 6of10 3/18/13 Mr. Frank Cortese of Government Consulting Services, addressed the Committee of the Whole introducing himself, provided a history of experience and the role his firm plays in lobbying legislators. Mr. Cortese answered questions from the Aldermen. State Representative Martin J. Moylan addressed the Committee of the Whole regarding the services provided by the Lobbyists and answered questions from the Aldermen. Acting Mayor Sayad requested that the City Manager provide the aldermen with a copy of all prior correspondence and reports from the lobbyists. City Manager Bartholomew answered questions from the Aldermen. COMMUNITY DEVELOPMENT -Alderman Haugeberg, Chair Director of Community & Economic Development Dambach reviewed the Memorandum dated February 28, 2013 from Senior Planner Mangum regarding the City-inHiated petition (Case #12-072-TA) for Text Amendments to the City of Des Plaines Zoning Ordinance, as amended, concerning permitted, conditional and prohibited uses in all Residential Districts (R-1, R-2, R-3, and R-4), Commercial Districts (C-1, C-2, C-3, C-4, C-5, and C-6), and Manufacturing Districts (M-1, M-2, and M-3). Moved by Brookman, seconded by Wilson, to refer this matter and Ordinance Z-7-13 back to the Community Development Committee for discussion. Motion declared carried. Director of Community & Economic Development Dambach reviewed the Memorandum dated February 28, 2013 from Senior Planner Mangum regarding a request by Petitioner Lexington Des Plaines, LLC, for Text Amendments to Table 7.2.1, Residential Districts Use Matrix, and Sections 3.5-3.C and 3.5-3.D of the Zoning Ordinance and Amendments to Sections 13-2-5 (R) and 13-2-5 (V) of the City of Des Plaines Subdivision Regulations, Case #12-078-TA - ORDINANCE Z-8-13 and ORDINANCE M-9-13. Director of Community & Economic Development Dambach answered questions from the Aldermen. Petitioner Moises Cukierman on behalf of Lexington Des Plaines, LLC, 1731 Marcey Street, Suite 200, Chicago, IL 60614, addressed the Committee of the Whole and answered questions from the Aldermen. Mr. Bernard Citron of Thompson Coburn, LLP on behalf of Lexington Des Plaines, LLC, addressed the Committee of the Whole and answered questions from the Aldermen. Moved by Charewicz, seconded by Wilson, to recommend to the City Council ~~f_ PUD/ 254LAUREL AVE.: UNFINISHED BUSINESS: AMEND CITY CODE/2013 WATER/SEWER RATES: Ordinance M-4-13 Page 7 of 10 3/18/13 to place on First Reading Ordinance Z-8-13. Motion declared carried. Alderman Brookman did not agree. Moved by Charewicz, seconded by Wilson, to recommend to the City Council to place on First Reading Ordinance M-9-13. Motion declared carried. Alderman Brookman did not agree. Director of Community & Economic Development Dambach reviewed the Memorandum dated February 28, 2013 from Senior Planner Mangum regarding a request by Petitioner Lexington Des Plaines, LLC, for Preliminary Planned Unit Development, Phase II, at 254 Laurel A venue (located between Wildflower Street, Western A venue, Evergreen A venue, and Harding A venue), Case #05-031-PUD and answered questions from the Aldermen. Mr. Moises Cukierman on behalf of Lexington Des Plaines, LLC, 1 731 Marcey Street, Suite 200, Chicago, IL 60614, addressed the Committee of the Whole and answered questions from the Aldermen. Mr. Cukierman stated that there have not been any issues with parking in that area. Fire Chief Wax answered questions from the Aldermen. Moved by Charewicz, seconded by Bogusz, to recommend to the City Council to place on First Reading Ordinance Z-10-13. Motion declared carried. Alderman Brookman did not agree. ACTING MAYOR SAYAD ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Director of Finance Wisniewski answered questions from the Aldermen. Moved by Charewicz, seconded by Robinson, to place on First Reading Ordinance M-4-13, AN ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES," CHAPTER 1, "WATER SYSTEM REGULATIONS," SECTION 7, "RATES" OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: NAYS: ABSENT: 4-Haugeberg, Robinson, Wilson, Charewicz 3-Bogusz, Sayad, Brookman 1-Walsten Motion declared carried. Acting Mayor Sayad stated that he voted Nay because the City has money that can be used to cover the increase. MINIMUM WATER USAGE CHARGE: AGR./2013 LOBBYIST SVCS./ McGUIRE WOODS CONSULTING LLC: Resolution R-44-13 AGR./2013 LOBBYIST SVCS./ALFRED G. RONAN, LTD.: Resolution R-52-13 Page 8of10 3/18/13 Moved by Brookman, seconded by Haugeberg, to direct Staff to prepare an ordinance to eliminate the minimum water usage charge and place it on the agenda for the next regular Council Meeting of April 1, 2013. Upon roll call, the vote was: A YES: 2-Haugeberg, Brookman NAYS: 5-Robinson, Bogusz, Sayad, Wilson, Charewicz ABSENT: 1-Walsten Motion declared FAILED. Moved by Wilson, seconded by Robinson, to adopt Resolution R-44-13 and approve contract with McGuire Woods Consulting LLC. Motion withdrawn by Wilson, second withdrawn by Robinson. City Manager Bartholomew answered questions from the Aldermen. Motion by Haugeberg to call for the vote. The motion DIED due to the lack of a second. Moved by Brookman, seconded by Robinson, that the McGuireWoods Consulting contract be extended to July 1, 2013. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Wilson, Charewicz NAYS: 0-None ABSENT: 1-Walsten Motion declared carried. Moved by Charewicz, seconded by Brookman, that the Alfred G. Ronan, Ltd. Contract be extended to July 1, 2013. Moved by Haugeberg, seconded by Robinson, for a substitute motion to adopt Resolution R-52-13 and approve the contract with Alfred G. Ronan, Ltd. from January 1 through December 31, 2013. Upon roll call, the vote was: AYES: 3-Haugeberg, Robinson, Bogusz NAYS: 4-Sayad, Brookman, Wilson, Charewicz ABSENT: 1-Walsten Motion declared FAILED. Alderman Bogusz requested Leave of the Body to change his vote on the substitute motion from "Aye" to ''Nay". There were no objections. As a result, the vote was: A YES: 2-Haugeberg, Robinson NAYS: 5-Bogusz, Sayad, Brookman, Wilson, Charewicz ABSENT: 1-Walsten Motion declared FAILED. Upon roll call on the original motion to extend the contract with Alfred G. Jrt NEW BUSINESS: WARRANT REGISTER: Resolution R-50-13 CITYWIDE TEXT AMENDMENTS/ RESIDENTIAL DISTRICTS USE MATRIX: Ordinance Z-8-13 CITYWIDE TEXT AMENDMENTS/ SUBDIVISION REGULATIONS: Ordinance M-9-13 PUD/ 254LAUREL AVE.: Page 9of10 Ronan, Ltd. To July 1, 2013, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Wilson, Charewicz NAYS: 0-None ABSENT: 1-W alsten Motion declared carried. 3/18/13 Moved by Bogusz, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to adopt Resolution R-50-13, 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, AS AMENDED. Total: $2,748,759.91. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Sayad, NAYS: ABSENT: Brookman, Wilson, Charewicz 0-None 1-Walsten Motion declared carried. Moved by Haugeberg, seconded by Bogusz, to concur with recommendation of the Committee of the Whole to place on First Reading Ordinance Z-8-13, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO TABLE 7.2-1, "RESIDENTIAL DISTRICTS USE MATRIX," AND SECTIONS 3.5-3, "PERMITTED BULK EXCEPTIONS AND MINIMUM DEVELOPMENT STANDARDS," OF THE CITY OF DES PLAINES ZONING CODE. Motion declared carried. Alderman Brookman voted Nay. Motion by Wilson to advance Ordinance Z-8-13 to Second Reading and adopt. Motion DIED for lack of a second. Moved by Haugeberg, seconded by Bogusz, to concur with recommendation of the Committee of the Whole to place on First Reading Ordinance M-9-13, AN ORDINANCE AUTHORIZING AN AMENDMENT TO TITLE 13, "SUBDIVISION REGULATIONS," CHAPTER 2, "PROCEDURES AND PLATS," SECTIONS 5, "FINAL PLAT REQUIREMENTS," OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: A YES: 6-Haugeberg, Robinson, Bogusz, Sayad, Wilson, Charewicz NAYS: I-Brookman ABSENT: 1-Walsten Motion declared carried. Moved by Haugeberg, seconded by Robinson, to concur with recommendation of the Committee of the Whole to place on First Reading Ordinance Z-10-13, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A J&~ Ordinance Z-10-13 Page 10of10 3/18/13 PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) WITH PERMITTED BULK EXCEPTIONS FOR 254 LAUREL A VENUE, DES PLAINES, ILLINOIS (Case #05-31-PUD). Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Bogusz, Sayad, Wilson, Charewicz NAYS: I-Brookman ABSENT: 1-Walsten Motion declared carried. ADJOURNMENT: Moved by Bogusz, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:40 p.m. APPROVED BY ME THIS D AYOR