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05-20-2013AS 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, MONDAY, MAY 20, 2013 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 6:05 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Ci vie Center on Monday, May 20, 2013. ROLL CALL: Roll call indicated the following aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz. Alderman Haugeberg arrived in Executive Session at 6:15 p.m. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Police Chief Kushner, Fire Chief Wax, Director of Public Works & Engineering Oakley, Director of Human Resources Earl, Senior Planner Mangum and General Counsel Friedman. COMMITTEE ON COMMITTEES: MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE Chairman Sayad presented his list of Committee on Committees as follows: BUILDING CODE Chairman -Rodd Vice Chairman -Robinson Member -Sojka COMMUNITY SERVICES Chairman -Robinson Vice Chairman -Sojka Member -Rodd FINANCE & ADMINISTRATION Chairman -Sayad Vice Chairman -Brookman Member -Charewicz PUBLIC SAFETY Chairman -Haugeberg Vice Chairman -Walsten Member -Sayad COMMUNITY DEVELOPMENT Chairman -Walsten Vice Chairman -Haugeberg Member -Brookman ENGINEERING Chairman -Charewicz Vice Chairman -Rodd Member -Walsten LEGAL & LICENSING Chairman -Brookman Vice Chairman -Sayad Member -Haugeberg PUBLIC WORKS Chairman -Sojka Vice Chairman -Charewicz Member -Robinson Moved by Walsten, seconded by Charewicz, to accept the list of Committee on Committees as presented by ~~~~~~~~ : 0 a:::·no. Motion declared carried. Alderm@ COMMITTEE ON COMMITTEES: EXECUTIVE SESSION: PRAYER AND PLEDGE: PROCLAMATION: CONSENT AGENDA: 5/20/13 PAGE TWO MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Sayad, seconded by Walsten, to concur with consensus of Committee of the Whole to accept the list of Committee on Committees as presented by Chairman Say ad. Motion declared carried. Alderman Robinson voted no. Moved by Brookman, seconded by Walsten, Executive Session to discuss Pending Upon roll call, the vote was: to go into Litigation. AYES: 7-Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0-None ABSENT: 1-Haugeberg Motion declared carried. The City Council recessed at 6:09 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz. The opening prayer was given by Ms. Roberta Hemmati of the Baha'i Community, followed by the Pledge of Allegiance to the Flag. Mayor Bogusz presented a Mayoral proclamation to Mr. James Hajost declaring May 22, 2013 as James Hajost Day, in honor of retirement as Orchestra Teacher at Chippewa Middle School. Moved by Walsten, seconded by Robinson, a Consent Agenda except for Items 5, Motion declared carried. to establish 11 and lla. Moved by Walsten, seconded by Charewicz, to approve the Consent Agenda. 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. approved; R-88-13 Staff recommendations and requests were Resolutions R-86-13, R-93-13, R-87-13 and were adopted; and Ordinance Z-7-13 was adopted. @ MINUTES: Consent Agenda MINUTES/ MAY 6, 2013: AWARD BID/ DIGEST PRINTING: Resolution M-86-13 AGREEMENT/ TRAIN STN. REMODEL ARCHITECTURAL SVCS.: Consent Agenda 5/20/13 PAGE THREE Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held March 4, 2013. Motion declared carried as approve unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held March 18, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held April 1, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held April 15, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held May 6, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Walsten, to approve minutes of the Regular Meeting of the City Council held May 6, 2013. Motion declared carried. Moved by Walsten, seconded by Charewicz, to concur with Staff recommendation to award bid for the printing of the Des Plaines Digest for 2014, 2015 and 2016 to the lowest bidder, Presstech, 959 Lee Street, Des Plaines, IL 60016, in the amount of $2, 600 for each of the three years, plus a $35.00 per page Typesetting Charge and a $90. 00 (per edition) Deli very Charge Budgeted Funds; and further recommend to adopt Resolution R-86-13, A RESOLUTION APPROVING AN AGREEMENT WITH PRESS TECH, INC. FOR THE PRINTING AND DISTRIBUTION OF THE DES PLAINES DIGEST. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to concur with Staff recommendation to approve agreement for Additional Scope of Services with Architectural Consulting Group, Ltd., 303 N. Northwest Highway, Suite 205, Barrington, IL 60010 for the inspection and oversight of the Downtown Des Plaines Train Station Remodel in not-to-exceed amount of $25,000 -~ Resolution R-93-13 LEASE AGR./ POSTAGE MACHINE: Consent Agenda Resolution R-87-13 AWARD BID/ LEAK DETECTION: Consent Agenda Resolution R-88-13 AWARD BID/ STREET & UTILITY CIP/ CONTRACT A Resolution R-89-13 RE-APPOINT- MENTS: Consent Agenda 5/20/13 PAGE FOUR Budgeted Funds; and further recommend to adopt Resolution R-93-13, A RESOLUTION APPROVING AN AGREEMENT WITH ARCHITECTURAL CONSULTING GROUP, LTD. FOR CONSTRUCTION OBSERVATION SERVICES FOR THE REMODELING OF THE DOWNTOWN DES PLAINES TRAIN STATION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to concur with Staff recommendation to approve a five (5) year Mailing Machine Lease to the lowest qualified bidder, Pitney Bowes, Inc., 2200 Western Court, Lisle, IL 60532, in the amount of $20, 900. 40 -Budgeted Funds; and further recommend to adopt Resolution R-87-13, A RESOLUTION APPROVING A 60-MONTH LEASE WITH PITNEY BOWES, INC. FOR A POSTAGE MACHINE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to concur with Staff recommendation to award bid for the 2013 Water System Leak Detection Project to the lowest responsible Bidder, Wachs Water Services, 8 01 Asbury Drive, Buffalo Grove, IL 60089, in the amount of $30,000.00 -Budgeted Funds; and further recommend to adopt Resolution R-88-13, A RESOLUTION APPROVING AN AGREEMENT WITH WACHS VALVE AND HYDRANT SERVICES, LLC FOR LEAK DETECTION SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Robinson, to concur with Staff recommendation to award bid for the 2013 Capital Improvement Program Street & Utility Improvments -Contract A to the lowest responsible Bidder, Orange Crush, LLC, 321 South Center Street, Hillside, IL 60162, in the amount of $3,176,657.50 - Budgeted Funds; and further recommend to adopt Resolution R-89-13, A RESOLUTION APPROVING AN AGREEMENT WITH ORANGE CRUSH, LLC FOR STREET AND UTILITY IMPROVEMENTS AS PART OF THE 2013 CAPITAL IMPROVEMENT PROGRAM -CONTRACT A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to approve Mayoral reappointments as follows: SPECIAL EVENTS COMMISSION Richard Prochenski, term to expire August 31, 2017 Linda Forman, term to expire August 31, 2017 Thomas Christiansen, term to expire August 31, 2017 Lucille Adamick, term to expire August 31, 2016 Linda Wojcik, term to expire August 31, 2015 (\")\_ Carol Shannon, term to expire August 31, 2015 ~ APPOINTMENTS: Consent Agenda ORDINANCE Z-7-13/ ZONING TEXT AMEND. Consent Agenda WARRANT REGISTER: 6b CLASS./ 530 SANTA ROSA DRIVE: 5/20/13 PAGE FIVE Moved by Walsten, seconded by Charewicz, to approve Mayoral appointments as follows: SPECIAL EVENTS COMMISSION Beth Pauze, term to expire August 31, 2016 Candy Anne Cole, term to expire August 31, 2014 Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to adopt Ordinance Z-7-13, AN ORDINANCE AUTHORIZING TEXT AMENDMENTS TO TABLE 7.2-1, "RESIDENTIAL DISTRICTS USE MATRIX,' TABLE 7. 3-1, "COMMERCIAL DISTRICT USE MATRIX," TABLE 7.4-1, "MANUFACTURING DISTRICTS USE MATRIX," ARTICLE 3. 6-5 A., "MINOR VARIATIONS," AND ARTICLE 13.3, "DEFINITIONS" OF THE CITY OF DES PLAINES ZONING CODE. 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 Moved by Haugeberg, seconded by Charewicz, to recommend to the City Council approval of the May 20, 2013 Warrant Register, in the total amount of $5, 618, 77 4. 91; and further recommend that Resolution R-90-13 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Walsten, Chair Director Of Community and Economic Development Alexander Dambach reviewed his memo of May 9, 2013, regarding a request by Charles Equipment Energy Systems LLC, 530 Santa Rosa Drive, to support and consent to the approval of a Class 6B Classification. Robert Conway, President of Charles Equipment Energy Systems; Jack Weiner, Financial Consultant; Attorneys Anthony Ochs and Peter Tsantilis of Listen & Tsantilis answered questions from the Aldermen Moved by Sayad, seconded by Robinson, to concur with recommendation of the Economic Development Commission and Staff, to support and approve request by Charles Equipment Energy Systems LLC, 530 Santa Rosa Drive, Class 6B Classification; and further recommend that Resolution R-91-13 be adopted at appropriate time this evening. Motion declared carried. COND. USE/ 2300 MANNHEIM ROAD: 5/20/13 PAGE SIX Director of Community & Economic Development Dambach reviewed his memo of May 2, 2013, regarding a Conditional Use Permit under Section 7. 3-6-C of the Zoning Ordinance to authorize the expansion of a Banquet Hall with a fabric structure in the C-3 District. Mr. Nathan Sevener, Soundscape Engineering, Angel Spyratos, Attorney, George Prosi, Architect and Brian Homans, Shiner & Associates all addressed the City Council and answered questions from the Aldermen. Alderman Walsten stated that each member of the public will be given four (4) minutes to speak to the issue. Motion by Brookman, seconded by Rodd, to increase the time limit to speak to the issue to ten (10) minutes. Motion declared failed. Aldermen Rodd, Sojka and Brookman voted aye. Aldermen Haugeberg, Robinson, Sayad, Walsten, Charewicz voted nay. The following residents spoke against granting the Conditional Use request by the Fountain Blue. Vince Naccarato, 486 Cordial Drive Madulo Montes, 2210 Pine Street Pablo Montes, 2210 Pine Street Dorothy Sarno, 2240 Chestnut Theodore, 9259 Osceola, Niles Ron Larson, 885 Hoffman Parkway Sandra Dillon, 2251 Pine Street Bill Dillon, 2251 Pine Street The following spoke in favor of granting the Conditional Use request by the Fountain Blue. Steve Bader, Owner, Radisson Hotel,1450 E. Touhy Ave. Kai Chow, Manager, Radisson Hotel, 1450 E. Touhy Ave. Moved by Haugeberg, seconded by Walsten, to recommend to the City Council, re Case #13-003-CU, to approve Conditional Use permit, for one ( 1) year, and authorize the expansion of a Banquet Hall with a fabric structure in the C-3 District with conditions. 2300 MANNHEIM (Cont'd. ) ORDINANCE M-4-13/ WATER RATE INCREASE: 5/20/13 PAGE SEVEN Moved by Charewicz, seconded by Haugeberg, to adopt a SUBSTITUTE motion to recommend to the City Council, re Case #13-003-CU, to approve Conditional Use permit, for eighteen (18) months with a June 30, 2013 start date, and authorize the expansion of a Banquet Hall with a fabric structure in the C-3 District with conditions; and Condition #9 be amended to allow amplified sound limited to between the hours of 8:00 a.m. to 12:00 a.m. Upon roll call, the vote was: AYES: 5-Haugeberg, Rodd, Sayad, Walsten, Charewicz NAYS: 3-Robinson, Brookman, Sojka ABSENT: 0-None Motion declared carried. Moved by Brookman, to refer the Conditional Use back to Staff. DIED for lack of a second. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Alderman Sayad stated that this item was tabled back in February and was never taken off the table. General Counsel Friedman summarized the history of the 2013 Water Rate Increase. Moved by Charewicz, seconded by Robinson, to from the table, the issue of the 2013 Water Increase and Ordinance M-4-13. Upon roll call, vote was: AYES: 5-Haugeberg, Robinson, Rodd, Sojka, Charewicz NAYS: 3-Sayad, Brookman, Walsten ABSENT: 0-None Motion declared carried. take Rate the Moved by Charewicz, seconded by Robinson, to approve the 15% City of Chicago water rate increase; and 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 on the original motion, the vote was: AYES: 5-Robinson, Rodd, Sojka, Charewicz, Bogusz NAYS: 4-Haugeberg, Sayad, Brookman, Walsten ABSENT: 0-None Motion declared carried. Ms. Candee Cole, 1530 Pennsylvania, addressed the City Council stating that she supports the pass through increase and appreciates this discussion. ~ WARRANT REGISTER: Resolution R-90-13 6b CLASS./ 530 SANTA ROSA DRIVE: COND. USE/ 2300 MANNHEIM ROAD: TOUR DE VILLAS: Resolution R-92-13 5/20/13 PAGE EIGHT Moved by Sayad, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to adopt Resolution R-90-13, 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. Total: $5,618,774.91. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Walsten, seconded by Robinson, to concur with recommendation of Committee of the Whole to approve request by Charles Equipment Energy Systems LLC, 530 Santa Rosa Drive, Class 68 Classification; and adopt Resolution R-91-13, A RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 530 SANTA ROSA DRIVE. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Walsten, seconded by Robinson, to concur with recommendation of Committee of the Whole, re Case #13-003-CU, to approve Conditional Use permit to authorize the expansion of a Banquet Hall with a fabric structure in the C-3 District; and further recommend that General Counsel prepare appropriate ordinance. Upon roll call, the vote was: AYES: 6-Haugeberg Robinson, Rodd, Sayad, Walsten, Charewicz NAYS: 2-Brookman, Sojka ABSENT: 0-None Motion declared carried. Mr. Robert Lundberg, American Bicycle Racing, addressed the City Council and answered questions regarding the 4th Annual ~Tour De Villas" Neighborhood Bicycle Races on the streets of East Grant Road and West Grant Road scheduled to be held on June 2 9, 2013. R-92-13 (Cont'd.) ADJOURNMENT: 5/20/13 PAGE NINE Moved by Rodd, seconded by Robinson, to adopt Resolution R-92-13, A RESOLUTION APPROVING THE PERFORMANCE BY THE CITY OF CERTAIN SERVICES IN SUPPORT OF THE 2013 "TOUR DE VILLAS" BICYCLE RACES. Upon roll call, the vote was: AYES: 6-Robinson, Rodd, Sayad, Brookman, Walsten, Sojka NAYS: 2-Haugeberg, Charewicz ABSENT: 0-None Motion declared carried. Moved by Walsten, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting ~ d at 10:21 p.m. APPROVED BY ME THIS \ t1_---\-· 1'___