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06-03-2013CALL 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, JUNE 3, 2013 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Matthew J. Bogusz at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, June 3, 2013. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten, Sojka and Charewicz. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Director of Human Resources Earl, Assistant Director of Public Works and Engineering Duddles, Deputy Police Chief Treantafeles, Fire Chief Wax, and General Counsel Friedman. EXECUTIVE SESSION: PRAYER AND PLEDGE: CITIZEN PART.: Moved by W alsten, seconded by Robinson, to go into Executive Session to discuss Pending Litigation and Probable & Imminent Litigation. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Sayad, NAYS: ABSENT: Brookman, W alsten, Wilson, Charewicz 0-None 0-None Motion declared carried. The City Council recessed at 6:31 p.m. The City Council reconvened at 7:25 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten, Sojka and Charewicz. The opening prayer was given by Deacon Jim Ernst of Our Lady of Hope Church, followed by the Pledge of Allegiance to the Flag. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council announcing that there will be a Senior Talent Show on June 14, 2013 at the Prairie Lakes Theater. Mr. Serbin suggested that the Mayor issue a Proclamation in honor of the Coronation of the Queen of England and present it to the Honorary Consulate whose office is located at 780 Lee Street. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that he was disappointed the water rate increase was passed. Mayor Bogusz stated he would make sure the Council Rules were waived so Mr. Burkross could make his comment on the water rate increase at the appropriate time this ~~I CITIZEN PART.: (Cont'd) CONSENT AGENDA: MINUTES: MINUTES: Consent Agenda ACCEPT PROPOSAL/ 2013 CAPITAL IMPROVEMENT PROGRAM/ GEOTECHNICAL TESTING: Consent Agenda Resolution R-96-13 Page 2 of 8 6/3/13 evemng. Ms. Liz Makelim, President of the History Center, addressed the City Council announcing that there is a new exhibit at the History Center "Deco in Des Plaines" and invited everyone to visit; Tag Days will take place June 7 and 8; a big fundraiser "Jazz It Up" will be held on Friday, September 20, 2013. Moved by Haugeberg, seconded by Charewicz, to establish the Consent Agenda except for Items 1, 5, and 5a. Motion declared carried. Moved by Haugeberg, seconded by W alsten, to approve Consent Agenda except for Items 1, 5, and 5a. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten, Sojka, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Staff recommendations and requests were approved; Minutes of Executive Session -May 20, 2013 was approved; Resolutions R-96-13, R-97-13 and R- 99-13 were adopted. Alderman Sayad requested that this Item be pulled from Consent Agenda. Alderman Sayad stated that some of the motions on Pages 6 and 7 needs to be corrected. Moved by Sayad, seconded by Brookman, to TABLE to the Regular Council Meeting of June 17, 2013 approval of the Minutes of the Regular Meeting of the City Council held May 20, 2013 pending corrections. Motion declared carried. Moved by Haugeberg, seconded by W alsten, to approve Minutes of the Executive Session of the City Council held May 20, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by W alsten, to concur with Staff recommendation to accept the proposal for the 2013 Capital Improvement Program, Geotechnical Testing from Chicago Testing Laboratory, Inc., 1348 Ridge Avenue, Elk Grove Village, Illinois 60007 in the amount of $37,424.00 (Motor Fuel Tax Fund); and further recommend to adopt Resolution R-96-13, A RESOLUTION APPROVING AN AGREEMENT WITH CHICAGO TESTING LABORATORY, INC. FOR GEOTECHNICAL TESTING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. AW ARD BID/ 2013 CIP STREET AND UTILITY IMPROVEMENTS -CONTRACT C: Consent Agenda Resolution R-97-13 AWARD BID/ PUBLIC WORKS/ 2013 MULTI- SPACE PAY STATION REPLACEMENTS: Resolution R-98-13 PURCHASE/ FIRE DEPT. FIREFIGHTING GEAR: Consent Agenda Resolution R-99-13 Page 3 of 8 6/3/13 Moved by Haugeberg, seconded by W alsten, to concur with Staff recommendation to award the 2013 Capital Improvement Program, Contract C to Orange Crush, L.L.C., 321 South Center Street, Hillside, Illinois 60162 in the amount of $2,838,929.35 (Capital Projects Fund -$2,413,929.35 and Grant Funded Projects Fund -$425,000.00); and further recommend to adopt Resolution R-97-13, A RESOLUTION APPROVING AN AGREEMENT WITH ORANGE CRUSH, LLC FOR STREET AND UTILITY IMPROVEMENTS AS PART OF THE 2013 CAPITAL IMPROVEMENT PROGRAM -CONTRACT C. Motion declared carried as approved unanimously under Consent Agenda. Alderman Sojka requested that this Item be pulled from Consent Agenda. Assistant Director of Public Works and Engineering Duddles answered questions from the Aldermen. General Counsel Friedman answered questions from the Aldermen regarding a single bid. Moved by Sayad, seconded by Haugeberg, to concur with Staff recommendation, in the best interest of the City, to approve the single bid for the 2013 Multi-Space Pay Station Replacements Project to Total Parking Solutions, 2721 Curtiss Street, Downers Grove, Illinois 60515 in the amount of $82,410.00 (TIF #1 -Equipment Fund ($66,850.00), TIF #1 -Miscellaneous Contractual Services ($4,200.00), Metra Leased Parking Equipment Fund ($8,000.00) and Metra Leased Parking -Miscellaneous Contractual Services ($3,360.00); and further recommend to adopt Resolution R-98-13, A RESOLUTION APPROVING AN AGREEMENT WITH TOTAL PARKING SOLUTIONS FOR THE PURCHASE AND INSTALLATION OF MULTI- SP ACE PAY ST A TI ON MACHINES. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, NAYS: ABSENT: Brookman, W alsten, Sojka, Charewicz 0-None 0-None Motion declared carried. Moved by Haugeberg, seconded by Walsten, to concur with Staff recommendation that, in the best interest of the City, usual bid procedures be waived and the City accept the quote of $2,320.00 per set of tum-out gear, plus shipping, for the purchase of sixteen ( 16) sets of replacement turnout gear for 2013 from the W. S. Darley Company, 325 Spring Lake Drive, Itasca, Illinois 60187; and further recommend to adopt Resolution R-99-13, A RESOLUTION APPROVING THE PURCHASE OF FIREFIGHTING TURN-OUT GEAR FROM W.S. DARLEY COMPANY. 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 ~~-{ WARRANT REGISTER: TAP HOUSE GRILL: Page 4 of 8 6/3/13 FINANCE & ADMINISTRATION -Alderman Sayad, Chair Alderman Sayad referred to Page 4 of the Warrant Register regarding the charge by CDW in the amount of $1,263.88 and asked who received iPads. It was determined that the iPads were given to two employees in the Building Department for inspections. Alderman Sayad referred to Page 6 of the Warrant Register asking about two invoices from Snow Systems in the amounts of $1,900.68 and $1,397.90. Assistant Director of Public Works and Engineering Duddles answered questions from the Aldermen. Alderman Sayad referred to Page 12 of the Warrant Register asking about a charge from Novak & Parker in the amount of $673.00 for a dishwasher for Fire Station #2. Fire Chief Wax answered questions from the Aldermen. Alderman Sayad referred to Page 19 of the Warrant Register asking about a charge in the amount of $14, 166.66 from Prescient Solutions for managed Information Technology Services. Fire Chief Wax answered questions from the Aldermen. Moved by Rodd, seconded by Charewicz, to recommend to the City Council approval of the June 3, 2013 -Warrant Register in the total amount of $3,949,022.00; and further recommend that Resolution R-100-13 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT-Alderman Walsten, Chair City Manager Bartholomew reviewed the Memorandum dated May 16, 2013 from former Director of Community and Economic Development Dambach regarding the Tap House Grill Downtown Business Assistance Program Proposal. Staff recommends the City Council approve the Tap House Grill Downtown Business Assistance Program proposal based upon approved by the Economic Development Commission on May 13, 2013. City Manager Bartholomew answered questions from the Aldermen. Tap House Grill Principals Mark Zych and Scott Ward introduced themselves to the Committee of the Whole, gave history of their business and answered questions from the Aldermen. Mr. John Milstead, 2515 Church Street, addressed the Committee of the Whole stating that more signs should be put up to call attention to Metropolitan Square. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole asking if the $80,000.00 is above the normal amount offered. City ~~f_ TAP HOUSE GRILL: (Cont'd) UNFINISHED BUSINESS: COND. USE PERMIT/ 2300 MANNHEIM RD.: Ordinance M-14-13 Page 5 of 8 6/3/13 Manager answered his questions. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole asking if there will be an outdoor patio and music; this attracts the upper middle class people. Ms. Candee Cole, 1530 Pennsylvania Avenue, addressed the Committee of the Whole asking about the remaining balance of the money for the streetscape. Director of Finance Wisniewski answered her questions and stated that the TIF would end in year 2020. Moved by Sojka, seconded by Haugeberg, to recommend to the City Council approval of the Tap House Grill Downtown Business Assistance Program proposal. Motion declared carried. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Brookman, seconded by Rodd, to suspend the Council Rules to allow public input. Motion declared carried. The following residents spoke against granting the Conditional Use request by the Fountain Blue. Bill Dillon, 2251 Pine Street Sandra Dillon, 2251 Pine Street Joanne Ross, 2081 Eastview Peter Templeman, 2271 Eastview Ron Larson, 885 Hoffi:nan Parkway Madulo Montes, 2210 Pine Street Pablo Montes, 2210 Pine Street (Documents submitted by residents were placed in Council file.) Mr. Wayne Serbin, 83 5 Pearson Street, addressed the City Council expressing his concerns about the effects of strong winds and severe weather on the tent. Moved by W alsten, seconded by Charewicz, to place on First Reading Ordinance Z-14-13, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE EXP ANS ION OF A COMMERCIAL INDOOR RECREATION BANQUET FACILITY IN THE C-3 DISTRICT AT 2300 MANNHEIM ROAD, DES PLAINES, ILLINOIS. (CASE #13-003-CU). Upon roll call, the vote was: A YES: 5-Haugeberg, Rodd, Sayad, In ~~ Walsten, Charewicz f O ORDINANCE Z-14-13 COND. USE PERMIT/ 2300 MANNHEIM RD.: ORDINANCE M-4-13 WATER RATE INCREASE: OLD BUSINESS: TOUR DE VILLAS: NAYS: ABSENT: Page 6 of 8 3-Robinson, Brookman, Sojka 0-None Motion declared carried. 6/3/13 Moved by Charewicz, seconded by W alsten, to advance to Second Reading and adopt Ordinance Z-14-13, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE EXP ANSI ON OF A COMMERCIAL INDOOR RECREATION BANQUET FACILITY IN THE C-3 DISTRICT AT 2300 MANNHEIM ROAD, DES PLAINES, ILLINOIS. (CASE #13-003-CU). Upon roll call, the vote was: A YES: 2-W alsten, Charewicz NAYS: 6-Haugeberg, Robinson, Rodd, Sayad, Brookman, Sojka ABSENT: 0-None Motion declared FAILED. Alderman Sayad stated that this matter was tabled on February 19, 2013 to March 18, 2013 and that it was not on the Agenda. He suggested checking the Minutes of the Regular Council meeting of May 20, 2013 regarding the motion made to take from the table the issue of the 2013 Water Rate Increase and Ordinance M-4-13. General Counsel Friedman gave an explanation of procedures. Moved by Haugeberg, seconded by Sayad, to suspend the Council Rules to allow discussion and public input. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating residents were denied the right to input; he is against the original increase and future automatic increases. Moved by W alsten, seconded by Charewicz, to call for the vote. Motion declared carried. Alderman Sayad voted Nay. Moved by Charewicz, seconded by Rodd, to adopt 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: A YES: 5-Robinson, Rodd, Sojka, Charewicz, Bogusz NAYS: 4-Haugeberg, Sayad, Brookman, Walsten ABSENT: 0-None Motion declared carried. Alderman Sayad stated that he wanted to change his vote for the "Tour De Villas" bike race from "Aye" to "Nay." Resolution R-92-13 NEW BUSINESS: WARRANT REGISTER: Resolution R-100-13 TAP HOUSE GRILL/ DOWNTOWN BUSINESS ASSISTANCE PROGRAM PROPOSAL: Resolution R-101-13 REPEAL RESIDENCY REQUIREMENT: Ordinance M-12-13 Page 7 of 8 6/3/13 Alderman Rodd read a letter from Thomas Olsen requesting support from the City Council to approve the "Tour De Villages" bike race event on June 29, 2013 (in Council file). Moved by Charewicz, seconded by Sayad, to place the Motion to Reconsider Alderman Sayad's vote on Resolution R-92-13 (Approving the "Tour De Villas" Bicycle Races) on the Agenda for June 17, 2013. Upon roll call, the vote was: AYES: NAYS: ABSENT: 6-Haugeberg, Sayad, Brookman, W alsten, Sojka, Charewicz 2-Robinson, Rodd 0-None Motion declared carried. Moved by Sayad, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to adopt Resolution R-100-13, 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: $3,949,022.00. 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 W alsten, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to approve the Tap House Grill Downtown Business Assistance Program proposal at 1427 Market Street (former Cheeseburger in Paradise space at Metropolitan Square) and adopt Resolution R-101-13, A RESOLUTION APPROVING AN ECONOMIC INCENTIVE AGREEMENT FOR THE TAP HOUSE GRILL. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, NAYS: ABSENT: Brookman, W alsten, Wilson, Charewicz 0-None 0-None Motion declared carried. Alderman Brookman suggested that this matter be referred to Committee. Alderman Sayad stated that since the residency requirement was incorporated by referendum, the voters should decide by referendum to repeal it. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that he is against the residency requirement; it creates social class discrimination; all Jirt Ordinance M-12-13 (Cont'd) WAIVE PERMIT FEES DURING DISASTER: ADJOURNMENT: Page 8 of 8 6/3/13 employees should be required to live here. Mr. John Milstead, 2515 Church Street, addressed the City Council stating it should be a binding referendum and no requirement for residency. Moved by Brookman, seconded by Sayad, to refer this matter back to Committee. Upon roll call, the vote was: AYES: 4-Robinson, Sayad, Brookman, Sojka NAYS: 5-Haugeberg, Rodd, Walsten, Charewicz, Bogusz ABSENT: 0-None Motion declared FAILED. Moved by W alsten, seconded by Charewicz, to place on First Reading Ordinance M-12-13, AN ORDINANCE REPEALING SECTION 1-7-8 OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 5-Haugeberg, Rodd, W alsten, Sojka, Charewicz NAYS: 3-Robinson, Sayad, Brookman ABSENT: 0-None Motion declared carried. Moved by Robinson, seconded by Haugeberg, to authorize the City Manager to waive building permit fees during a disaster event and direct Staff to write a Resolution for this authorization. Motion declared carried. Moved by W alsten, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11: 12 p.m. Gloria J. l_)dwig~cITYa RK APPROVED BY ME THIS /9 :!&_