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04-01-2013CALL 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, APRIL 1, 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: 16 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, April I, 2013. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Walsten, Wilson and Charewicz. Alderman Brookman arrived at 6:18 p.m. 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, Director of Community & Economic Development Dambach, and General Counsel Friedman. EXECUTIVE SESSION: PRAYER AND PLEDGE: CITIZEN PARTICIPATION: Moved by Robinson, seconded by Wilson, to go into Executive Session to discuss Personnel and Pending Litigation. Upon roll call, the vote was: A YES: 7-Haugeberg, Robinson, Bogusz, Sayad, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: I-Brookman Motion passed unanimously without objection. The City Council recessed at 6:17 p.m. The City Council reconvened at 7 :20 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson and Charewicz. The opening prayer was given by The Reverend Brad Wilson of the First United Methodist Church of Des Plaines, followed by the Pledge of Allegiance to the Flag. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council requesting that he be allowed to speak during an item under Unfinished Business; he was disappointed that the minimum charge for water was not eliminated; he asked if it was illegal for an elected official to use City letterhead to promote a position with a private company; General Counsel Friedman stated he needed more facts before answering the question; he will respond by the next City Council meeting. Mr. John Milstead, 2515 Church Street, addressed the City Council stating he has not complained about water usage; he has complained about the water surcharge for storm sewers which were not located in his neighborhood and did JOB OPPORTUNITIES: CONSENT AGENDA: MINUTES: Consent Agenda AMEND CITY Page 2 of 8 4/1/13 not receive a satisfactory answer. Director of Human Resources Earl addressed the City Council explaining the advertisement for Seasonal Workers and the position qualifications required; the ad is on the City website under "Job Opportunities". City Clerk Ludwig reminded the residents about the deadline for Mail In Ballot Applications, Early Voting hours and days, Polling Locations and pertinent information for the Consolidated Election taking place on April 9, 2013 from 6 a.m. until 7 p.m. Moved by Haugeberg, seconded by Robinson, to establish the Consent Agenda except for Items 10, 1 Oa, 14, 15 and 16. Motion declared carried. Moved by Haugeberg, seconded by Charewicz, to approve Consent Agenda except for Items 10, lOa, 14, 15 and 16. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Sayad, NAYS: ABSENT: Brookman, Walsten, Wilson, Charewicz 0-None 0-None Motion declared carried. A resident requested that Items 10 and 1 Oa of the Consent Agenda be pulled from the Consent Agenda and placed on the Consent Agenda for the April 15, 2013 Council Meeting. Acting Mayor Sayad requested that Item 3a -"Discussion of Rear Yard Drainage Program/Cost Sharing" under Committee of the Whole be removed from the Agenda and postponed to a date to be determined. Alderman Charewicz requested that Item 1 -Second Reading-"Ordinance M- 4-13/Amendment to Title 9, Chapter 1, Section 7 of the Des Plaines City Code Pertaining to the 2013 Water Rate" under Unfinished Business be pulled from the Agenda and placed on the Agenda for the Regular Council Meeting of April 15, 2013. Minutes were approved; Staff recommendations and requests were approved; Resolutions R-54-13, R-55-13, R-56-13, R-57-13, R-60-13, R-62-13 and R-63- 13 were adopted. Ordinance M-11-13 was placed on First Reading. Moved by Haugeberg, seconded by Charewicz, to approve Minutes of the Regular Meeting of the City Council held March 4, 2013, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to approve Minutes of the Regular Meeting of the City Council held March 18, 2013, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff 1,~ CODE/ CITY CLERK ANNOUNCEMENTS: Consent Agenda Ordinance M-11-13 RELOCATE SEWER FACILITIES/ EVERETT A VE. AND DEANE ST.: Consent Agenda Resolution R-54-13 AGREEMENT/ TIF DISTRICTS: Consent Agenda Resolution R-55-13 2013 NIPSTA MEMBERSHIP: Consent Agenda Resolution R-56-13 APPOINT ALTERNATE DELEGATE/ NIPSTA: Page 3 of 8 4/1/13 recommendation to provide the City Clerk with an opportunity to make announcements of general interest to the City and its residents; and further recommend to place on First Reading Ordinance M-11-13, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 6, "CITY COUNCIL," OF THE DES PLAINES CITY CODE TO PROVIDE FOR CITY CLERK ANNOUNCEMENTS DURING MEETINGS OF THE CITY COUNCIL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to accept the lowest quote from Barone Contracting, LLC, 1085 Clover Hill Lane, Elgin, Illinois 60120 in a not-to-exceed amount of $50,000.00 (Capital Projects Fund with 100% reimbursement paid by Natural Gas Pipeline Company of America, LLC (NGPL) within 60 days of receipt of invoice) for the relocation of sewer facilities at Everett A venue and Deane Street; and further recommend to adopt Resolution R-54-13, A RESOLUTION APPROVING AN AGREEMENT WITH BARONE CONTRACTING, LLC, OF ELGIN, ILLINOIS, FOR THE RELOCATION OF SEWER FACILITIES AT EVERETT AVENUE AND DEANE STREET. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to authorize the City Manager to enter into an agreement with Kane, McKenna and Associates, Inc., 150 North Wacker Drive, Suite 1600, Chicago, Illinois 60506 to prepare the annual Tax Increment Financing (TIF) report and to provide consulting, TIF monitoring and any financial analysis that may arise within any one of the TIF Districts for an estimated cost of $20,000.00 to $25,000.00 for this year with the option of renewing the agreement for up to an additional two years; and further recommend to adopt Resolution R-55-13, A RESOLUTION APPROVING AN AGREEMENT WITH KANE, MCKENNA AND ASSOCIATES, INC. FOR CONSULTING AND REPORTING SERVICES RELATED TO THE CITY TIF DISTRICTS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to pay the 2012 Fire Department membership renewal for the Northeastern Illinois Public Safety Training Academy, 2300 Patriot Boulevard, Glenview, Illinois 60026 in the amount of $18,952 (an 11 % decrease from 2012 membership costs, which, in tum, was a 3 .1 % decrease from 2011 membership costs); and further recommend to adopt Resolution R-56-13, A RESOLUTION AUTHORIZING CONTINUED MEMBERSHIP AND PARTICIPATION IN THE NORTHEASTERN ILLINOIS PUBLIC SAFETY TRAINING ACADEMY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to appoint one of the Assistant Directors of Public Works and Engineering in addition to the Deputy Fire Chief to the position of Des Plaines' Alternate Delegate to the Northeastern Illinois Public Safety Training Academy ~~{- Consent Agenda Resolution R-62-13 PAYMENT/ MO SEWER AND WATER/ EMERGENCY WATER MAIN REPAIR/ 2555 MAPLE ST.: Consent Agenda Resolution R-57-13 SECOND 90-DA Y EXTENSION/ AGR. WITH FOX VALLEY FIRE AND SAFETY: Consent Agenda Resolution R-63-13 ADVERTISE BID/ PRINTING DES PLAINES DIGEST: Consent Agenda ADVERTISE BID/ PUBLIC WORKS/ 2013 MULTI- SPACE PAY STATION REPLACEMENTS: Consent Agenda COMMISSION RE-APPOINTMENTS: Page 4 of 8 4/1/13 (NIPST A) Board of Directors; and further recommend to adopt Resolution R- 62-13, A RESOLUTION APPOINTING AN ASSISTANT DIRECTOR OF PUBLIC WORKS AND ENGINEERING AS THE SECOND ALTERNATE DELEGATE TO THE NORTHEASTERN ILLINOIS PUBLIC SAFETY TRAINING ACADEMY BOARD OF DIRECTORS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to approve payment to MQ Construction Company, Inc., 4323 North Central Avenue, Chicago, Illinois 60634 in the amount of $77,622.55 for the repair of the 36" supply water main; and further recommend to adopt Resolution R-57-13, A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FOR EMERGENCY REPAIRS TO A CITY WATER MAIN. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Charewicz, to concur with Staff recommendation to approve a second 90-day extension to the Agreement with Fox Valley Fire and Safety, 2730 Pinnacle Drive, Elgin, Illinois 60124 for the provision of Fire Alarm and Burglar Alarm Services; and further recommend to adopt Resolution R-63-13, A RESOLUTION APPROVING AN AGREEMENT WITH FOX VALLEY FIRE AND SAFETY CO. FOR THE 90-DA Y EXTENSION OF FIRE AND BURGLAR ALARM SERVICES. 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 printing of the Digest for the years 2014, 2015 and 2016 (four editions each year) with a bid opening date of Friday, April 19, 2013 at 3:00 p.m. 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 Multi- Space Pay Station Replacements Project (Fund -TIF #1 $68,200.00) with a bid opening date of Friday, April 19, 2013 at 10:00 a.m. Motion declared carried as approved unanimously under Consent Agenda. Alderman W alsten requested that Items 14, 15 and 16 be removed from Consent Agenda for discussion. ~ ~{-- RE-APPOINTMENTS: (Cont'd) WARRANT REGISTER: REQUEST TO SELL CITY- OWNED PROPERTY/ 1486 AND 1486-1/2 Page 5 of 8 4/1/13 Moved by Walsten, seconded by Wilson, to pull Items 14, 15 and 16 (Mayoral Re-appointments) from the Consent Agenda and place these items on the Consent Agenda of the Regular Council Meeting of May 20, 2013. Upon roll call, the vote was: AYES: 2-Walsten, Wilson NAYS: 6-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Charewicz ABSENT: 0-None Motion declared FAILED. Moved by Haugeberg, seconded by Robinson, to approve the following Mayoral Re-appointments: BOARD OF FIRE & POLICE COMMISSIONERS Debra Lester-Term to Expire 04/30/16 FIRE PENSION BOARD Susan Pekoe-Term to Expire 05/01/15 Nicholas Chiaro -Term to Expire 05/01/15 POLICE PENSION BOARD Robert Neil -Term to Expire 04/30/15 Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Charewicz NAYS: 2-Walsten, Wilson ABSENT: 0-None Motion declared carried. 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 April 1, 2013 -Warrant Register, in the total amount of $1,735,780.58; and further recommend that Resolution R-61-13 be adopted at appropriate time this evening. Motion declared carried. LEGAL AND LICENSING -Alderman Robinson, Chair Alderman Robinson reported the results of the meeting of the Legal and Licensing Committee. It was suggested that Staff send out Request for Proposals (RFPs) to obtain ideas for use of the property and contact businesses through the Chamber of Commerce to find out if a Des Plaines business is interested in moving to this location. MINER ST.: UNFINISHED BUSINESS: ORDINANCE Z-8-13 CITYWIDE TEXT AMENDMENTS/ RESIDENTIAL DISTRICTS USE MATRIX: ORDINANCE M-9-13 CITYWIDE TEXT AMENDMENTS/ SUBDIVISION REGULATIONS: Page 6 of 8 4/1/13 City Manager Bartholomew reviewed the Memorandum dated March 14, 2013 from Director of Community & Economic Development Dambach regarding a Resolution directing Staff to sell the property at 1486 -1486-1/2 Miner Street and answered questions from the Aldermen. Staff recommended that the City should issue a Request for Proposals to sell the building to an appropriate business that would productively use the facility. If necessary, the City would use a real estate agent to sell the building if the RFP process is not effective. Moved by Bogusz, seconded by Haugeberg, to direct Staff to obtain an appraisal; research the reason for the purchase; the date the property was purchased by the City; the purchase price; determine the benefit of keeping the property versus selling it; research if a non-profit organization could use the property and costs of leasing the property. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, NAYS: ABSENT: Brookman, Walsten, Wilson, Charewicz 0-None 0-None Motion declared carried. ACTING MAYOR SAYAD ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Mr. Moises Cukierman, representing Lexington Des Plaines, LLC, answered questions from the Aldermen. Moved by Wilson, seconded by Robinson, to adopt 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. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Sayad, Walsten, Wilson, Charewicz NAYS: I-Brookman ABSENT: 0-None Motion declared carried. Moved by Wilson, seconded by Robinson, to adopt 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: AYES: 7-Haugeberg, Robinson, Bogusz, Sayad, ORDINANCE Z-10-13 PUD/ 254LAUREL AVE.: NEW BUSINESS: WARRANT REGISTER: Resolution R-61-13 REQUEST TO SELL CITY- OWNED PROPERTY/ 1486 AND 1486-112 MINER ST.: Resolution R-59-13 CONTRACT/ SPECIAL EVENTS MANAGEMENT/ 2013 SUMMER FLING EVENT: Resolution R-64-13 NAYS: ABSENT: Page 7 of 8 W alsten, Wilson, Charewicz I-Brookman 0-None Motion declared carried. 4/1/13 Moved by Wilson, seconded by Robinson, to adopt Ordinance Z-10-13, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) WITH PERMITTED BULK EXCEPTIONS FOR 254 LAUREL A VENUE, DES PLAINES, ILLINOIS (Case #05-3 I-PUD). Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Sayad, Walsten, Wilson, Charewicz NAYS: I-Brookman ABSENT: 0-None Motion declared carried. Moved by Bogusz, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to adopt Resolution R-61-13, 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: $I,735,780.58. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Robinson, seconded by Walsten, to concur with recommendation of Committee of the Whole to direct Staff to obtain an appraisal; research the reason for the purchase; the date the property was purchased by the City; the purchase price; determine the benefit of keeping the property versus selling it; research if a non-profit organization could use the property and costs of leasing the property. Motion declared carried. City Manager Bartholomew reviewed his Memorandum of March 2I, 2013 and answered questions from the Aldermen. Moved by Walsten, seconded by Wilson, to adopt Resolution R-64-I3, A RESOLUTION APPROVING AN AGREEMENT WITH CHICAGO RUNNING AND SPECIAL EVENTS MANAGEMENT, INC., FOR EVENT MANAGEMENT SERVICES IN CONNECTION WITH THE 2013 DES PLAINES SUMMER FLING FESTIVAL. Upon roll call, the vote was: j~-J- R-64-13 (Cont'd) Page 8 of 8 AYES: 4-Bogusz, Sayad, Walsten, Wilson NAYS: 4-Haugeberg, Robinson, Brookman, Charewicz ABSENT: 0-None Motion declared FAILED. 4/1/13 Alderman Brookman requested Leave of the Body to change his vote from Nay to Aye to adopt Resolution R-64-13. There were no objections. As a result, the vote to adopt Resolution R-64-13 is as follows: AYES: 5-Bogusz, Sayad, Brookman, Walsten, Wilson NAYS: 3-Haugeberg, Robinson, Charewicz ABSENT: 0-None Motion declared carried. ADJOURNMENT: Moved by Haugeberg, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9: 18 p.m. APPROVED BY ME THIS I 7 rt: DAYOF ~ ,2013 ~R'::J ~