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08-19-20139/3/13 AMENDED Page 3 -Motion to Postpone: Deleted "Motion declared carried." CALL 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, AUGUST 19, 2013 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 6: 15 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 19, 2013. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten and Charewicz. Alderman Sojka was absent. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Director of Human Resources Earl, Director of Public Works and Engineering Oakley, Senior Planner Mangum, Police Chief Kushner, Fire Chief Wax, and General Counsel Friedman. EXECUTIVE SESSION: PRAYER AND PLEDGE: CITIZEN PART.: CONSENT AGENDA: Moved by Sayad, seconded by Haugeberg, to go into Executive Session to discuss Setting the Price for Sale or Lease of City Owned Property and Pending Litigation. Upon roll call, the vote was: A YES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten, Charewicz NAYS: 0-None ABSENT: 1-Sojka Motion declared carried. The City Council recessed at 6: 16 p.m. The City Council reconvened at 7 :00 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten and Charewicz. Alderman Sojka was absent. The opening prayer was given by Dr. Daryl R. Merrill of the Christian Life Church, followed by the Pledge of Allegiance to the Flag. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council suggested that a Mayor Pro Tern should be appointed if there is a vacancy for Mayor. Mr. Donald Malina, 534 Clayton Lane, addressed the City Council stating that he has lived here since 1972 and met with various mayors through the years regarding flooding; he has waited for sewers since 1972 and experienced 9 feet of water in his house; let's get this resolved. Moved by Sayad, seconded by Haugeberg, to establish the Consent Agenda except for Item 6. Motion declared carried. Moved by Haugeberg, seconded by W alsten, to approve the Consent Agenda. fef Unfinished Business Item #1 9/3/13 AMENDED Page 3 -Motion to Postpone: Deleted "Motion declared carried." CALL 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, AUGUST 19, 2013 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 6: 15 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 19, 2013. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten and Charewicz. Alderman Sojka was absent. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Director of Human Resources Earl, Director of Public Works and Engineering Oakley, Senior Planner Mangum, Police Chief Kushner, Fire Chief Wax, and General Counsel Friedman. EXECUTIVE SESSION: PRAYER AND PLEDGE: CITIZEN PART.: CONSENT AGENDA: Moved by Sayad, seconded by Haugeberg, to go into Executive Session to discuss Setting the Price for Sale or Lease of City Owned Property and Pending Litigation. Upon roll call, the vote was: A YES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Charewicz NAYS: 0-None ABSENT: I-Sojka Motion declared carried. The City Council recessed at 6: 16 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten and Charewicz. Alderman Sojka was absent. The opening prayer was given by Dr. Daryl R. Merrill of the Christian Life Church, followed by the Pledge of Allegiance to the Flag. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council suggested that a Mayor Pro Tern should be appointed if there is a vacancy for Mayor. Mr. Donald Malina, 534 Clayton Lane, addressed the City Council stating that he has lived here since 1972 and met with various mayors through the years regarding flooding; he has waited for sewers since 1972 and experienced 9 feet of water in his house; let's get this resolved. Moved by Sayad, seconded by Haugeberg, to establish the Consent Agenda except for Item 6. Motion declared carried. Moved by Haugeberg, seconded by W alsten, to approve the Consent Agenda. fef CONSENT AGENDA: (Cont'd) MINUTES: Consent Agenda WATER SVC. CONNECTION/ 123GREGORY ST./MT. PROSPECT: Consent Agenda Resolution R-134-13 MASTER CONTRACT/ ENG.AND CONSULTING SVCS. Consent Agenda Resolution R-135-13 ACCEPT PROPOSAL/ MASTER CONTRACT/ ENG. SVCS.: Consent Agenda Resolution Page 2 of 8 Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten, Charewicz NAYS: 0-None ABSENT: I -Sojka Motion declared carried. 8/19/13 Staff recommendations and requests were approved; Minutes were approved; Resolutions R-134-13, R-135-13 and R-136-13 were adopted. Moved by Haugeberg, seconded by W alsten, to approve Minutes of the Regular Meeting of the City Council held August 5, 2013, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by W alsten, to approve Minutes of the Executive Session of the City Council meeting held August 5, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by W alsten, to concur with Staff recommendation to approve a request by Jacqueline Horton of 123 Gregory Street, Mount Prospect (unincorporated Wheeling Township) for a water service connection to the City's water main along Gregory Street; and further recommend to adopt Resolution R-134-13, A RESOLUTION APPROVING A WATER SERVICE CONNECTION AT 123 GREGORY STREET TO THE CITY WATER MAIN LOCATED ALONG GREGORY STREET. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by W alsten, to concur with Staff recommendation to approve the Professional Services Master Contract between the City of Des Plaines and MWH, Americas, Inc., 175 West Jackson Boulevard, Suite 1900, Chicago, Illinois 60604; and further recommend to adopt Resolution R-135-13, A RESOLUTION APPROVING A MASTER CONTRACT WITH MWH AMERICAS, INC. FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved unanimous! y under Consent Agenda. Haugeberg, seconded by W alsten, to concur with Staff recommendation to accept the proposal from Christopher B. Burke Engineering, Ltd., 9575 West Higgins Road, Suite 600, Rosemont, Illinois 60018 for professional engineering services in a not to exceed amount of $17,600.00 (Capital Projects Funds); and further recommend to adopt Resolution R-136-13, A RESOLUTION APPROVING A MASTER CONTRACT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR PROFESSIONAL ENGINEERING SERVICES AND TASK ORDER NO. 1 FOR THE PROCUREMENT OF FLOOD MITIGATION SERVICES. Motion declared carried as approved unanimously i~f- R-136-13 AWARD BID/ ASBESTOS REMOVAL/ 477 SOUTH RIVER RD.: Resolution R-137-13 ADVERTISE BID/ FACADE REHAB/ POLICE STATION: Consent Agenda WARRANT REGISTER: 2012 AUDIT PRESENTATION: VARIANCE/ Page 3 of 8 8/19/13 under Consent Agenda. Mr. Jim McConachie, 999 McClintock Drive, Burr Ridge, requested that this Item be removed from Consent Agenda. Mr. McConachie addressed the City Council raising a prevailing wage issue against the lowest bidder, Remediation & Management Services Corporation (RAMS CO). Director of Public Works & Engineering Oakley answered questions from the Aldermen. Moved by Sayad, seconded by Walsten, to POSTPONE this matter to the next Council meeting of September 3, 2013 pending further information. Moved by Haugeberg, seconded by Walsten, to concur with Staff recommendation to authorize the City Clerk to issue Notice to Bid for the Rehabilitation Project for the Police Station, with a bid opening date of Wednesday, September 4, 2013 at 3 :00 p.m. 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 Chairman Sayad pointed out a number of (non-retainer) invoices from Holland & Knight on Page 4 of the Warrant Register and stated that their contract is expiring on August 31, 2013. Chairman Sayad requested that the City Manager find out what other communities are doing regarding legal services. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating it would be cheaper to have a full-time City Attorney. Moved by Rodd, seconded by Charewicz, to recommend to the City Council approval of the August 19, 2013 -Warrant Register in the total amount of $3,751,669.11; and further recommend that Resolution R-140-13 be adopted at appropriate time this evening. Motion declared carried. Director of Finance Wisniewski presented the 2012 Comprehensive Annual Financial Report (CAFR) and a review of the 2013 6-Month State of the Finances. COMMUNITY DEVELOPMENT-Alderman Walsten, Chair Senior Planner Mangum reviewed his Memorandum dated August 6, 2013 ;~<t WALL SIGN/ 2600 SOUTH RIVER ROAD: VARIANCE/ ELECTRONIC MESSAGE BD./ 877 ELMHURST RD.: 877 ELMHURST Page 4 of 8 8/19/13 regarding a request by Petitioner Olympic Sign for a variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a 150 square foot wall sign, where a maximum of 100 square feet is allowed on the west elevation at 2600 South River Road (Case #13-024-V). At its July 30, 2013 meeting, the Zoning Board of Appeals recommended (7-0) that the City Council approve the Major Sign Variation request for a wall sign greater than 100 square feet, subject to the following Conditions of Approval: 1. The wall sign shall not extend above the roof line. 2. Olympic Sign will remove the sign and patch the holes to their pre-cast condition if American Eagle were to leave the property. Staff recommends approval subject to the following Condition of Approval: 1. The wall sign shall not extend above the roof line. Senior Planner Mangum answered questions from the Aldermen. Moved by Sayad, seconded by Charewicz, to recommend to the City Council approval of the requested Variation to allow a 150 square foot wall sign, where a maximum of 100 square feet is allowed on the west elevation at 2600 South River Road; and further recommend that Ordinance Z-21-13 be placed on First Reading at appropriate time this evening. Motion declared carried. Senior Planner Mangum reviewed his Memorandum dated August 6, 2013 regarding a request by Petitioner Phil Mesi for a variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a 64 square foot pole sign with a 28 square foot Electronic Message Board (44%), where a maximum 32 square feet or 30% (19.2 square feet) of a 64 square foot sign, whichever is less, may consist of an Electronic Message Board, and to allow an Electronic Message Board sign approximately 230 feet from a residence, where a minimum distance of 250 feet is required at 877 Elmhurst Road (Case #13-036-V). At its July 30, 2013 meeting, the Zoning Board of Appeals recommended ( 4-2) that the City Council approve the Major Sign Variations for the size and percentage of the Electronic Message Board component and proximity to the nearest residence, subject to the following Conditions of Approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every I 0 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign Jyt (Cont'd) VARIANCE/ ELECTRONIC MESSAGE BD./ 2501 BALLARD RD.: Page 5 of 8 8/19/13 during ambient low-light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred ( 500) nits of intensity as measured at the Sign surface during nighttime and low-light conditions and five thousand (5,000) nits during daytime hours. Staff agrees with the Conditions of Approval set out by the Zoning Board of Appeals and included one additional condition: • The Electronic Message Board sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. Senior Planner Mangum answered questions from the Aldermen. Moved by Charewicz, seconded by Sayad, to recommend to the City Council approval of the requested Variation for Electronic Message Board Sign at 877 Elmhurst Road, Case #13-036-V; and further recommend that Ordinance Z-22- 13 be placed on First Reading, as amended, at appropriate time this evening. Motion declared carried. Senior Planner Mangum reviewed his Memorandum dated August 6, 2013 regarding a request by Petitioner Countryside Saloon, Inc., 2501 Ballard Road, for a variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow an Electronic Message Board sign approximately 50 feet from a residence, where a minimum distance of 250 feet is required (Case #13-037-V). At its July 30, 2013 meeting, the Zoning Board of Appeals recommended ( 4-3) that the City Council approve the Major Sign Variation for proximity of an EMB to the nearest residence, subject to the following Conditions of Approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low-light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred ( 500) nits of intensity as measured at the Sign surface during nighttime and low-light conditions and five thousand (5,000) nits during daytime hours. 5. The Electronic Message Board sign shall only be in operation between the hours of 7:00 a.m. and 12:00 a.m. 6. Prior to issuance of the sign permit, the applicant shall submit written approval of the proposed sign from the Illinois Department of Transportation. 7. Prior to installation of the new sign on the existing easternmost sign, the applicant shall remove the pole of the westemmosi J} Page 6 of 8 8/19/13 (nonconforming) pole sign. Staff agrees with the Conditions of Approval set out by the Zoning Board of Appeals. General Counsel Friedman was directed to amend the ordinance to allow advertisement of community events. Moved by Haugeberg, seconded by Sayad, to recommend to the City Council approval of the requested Variation for Electronic Message Board Sign at 2501 Ballard Road, Case #13-037-V; and further recommend that Ordinance Z-23-13 be placed on First Reading, at appropriate time this evening. Motion declared carried. PUBLIC SAFETY -Alderman Haugeberg, Chair FIRE DEPT./ Fire Chief Wax reviewed his Memorandum dated July 30, 2013 to improve MEMBERSHIP/ dispatch service and reduce costs for dispatching by joining the Regional DISPATCH SVCS.: Emergency Dispatch (RED) Center and answered questions from the Aldermen. WARRANT REGISTER: Resolution R-140-13 VARIANCE/ WALL SIGN/ 2600 Moved by Walsten, seconded by Charewicz, to adopt Resolution R-141-13. Ms. Rebecca Brink, 1234 Center Street, addressed the Committee of the Whole stating that she has worked for several call centers and requested that the Council hold off voting on the resolution. She would like to present more information at the next Council meeting. Moved by Brookman, seconded by Sayad, to TABLE this matter to the next City Council meeting of September 3, 2013. Motion declared carried. Aldermen W alsten and Rodd did not agree. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-140-13, 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: $3,751,669.11. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten, Charewicz NAYS: 0-None ABSENT: 1-Sojka Motion declared carried. Moved by W alsten, seconded by Sayad, to place on First Reading Ordinance Z- 21-13, AN ORDINANCE APPROVING A MAJOR VARIATION FROM cfot SOUTH RIVER ROAD: Ordinance Z-21-13 ORDINANCE Z-21-13 VARIANCE/ WALL SIGN/ 2600 SOUTH RIVER ROAD: VARIANCE/ ELECTRONIC MESSAGE BD./ 877 ELMHURST RD.: Ordinance Z-22-13 VARIANCE/ ELECTRONIC MESSAGE BD./ 2501 BALLARD RD.: Ordinance Z-23-13 FIRE DEPT./ Page 7 of 8 8/19/13 SECTION 11.6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A 150 SQUARE FOOT WALL SIGN ON THE WEST ELEVATION AT 2600 S. DES PLAINES RIVER ROAD, DES PLAINES, ILLINOIS (CASE #13-024-V). Upon roll call, the vote was: A YES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Charewicz NAYS: 0-None ABSENT: I-Sojka Motion declared carried. Moved by W alsten, seconded by Charewicz, to advance to Second Reading and adopt Ordinance Z-21-13, AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 11.6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A 150 SQUARE FOOT WALL SIGN ON THE WEST ELEVATION AT 2600 S. DES PLAINES RIVER ROAD, DES PLAINES, ILLINOIS (CASE #13-024-V). Upon roll call, the vote was: A YES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten, Charewicz NAYS: 0-None ABSENT: I-Sojka Motion declared carried. Moved by W alsten, seconded by Charewicz, to place on First Reading Ordinance Z-22-13, AN ORDINANCE APPROVING MAJOR VARIATIONS FROM SECTION 11.6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A 64 SQUARE FOOT POLE SIGN WITH A 28 SQUARE FOOT ELECTRONIC MESSAGE BOARD AT 877 ELMHURST ROAD, DES PLAINES, ILLINOIS (CASE #13-036-V). Upon roll call, the vote was: A YES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten, Charewicz NAYS: 0-None ABSENT: 1-Sojka Motion declared carried. Moved by W alsten, seconded by Brookman, to place on First Reading Ordinance Z-22-13, AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 11.6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT AN ELECTRONIC MESSAGE BOARD AT 2501 BALLARD ROAD, DES PLAINES, ILLINOIS. (CASE #13-037-V). Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, W alsten, Charewicz NAYS: 0-None ABSENT: I-Sojka Motion declared carried. This matter has been TABLED to the next City Council meeting of September J~ MEMBERSHIP/ 3, 2013. DISPATCH SVCS.: Resolution R-141-13 Page 8 of 8 8/19/13 ADJOURNMENT: Moved by Walsten, seconded by Charewicz, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:34 p.m. ~~,~· Gloria J. 7dwig -CITY'&RK APPROVED BY ME THIS I~ t&