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01-18-2011CALL 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, TUESDAY, JANUARY 18, 2011 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Martin J. Moylan at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, January 18, 2011. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, and Argus. Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Police Chief Prandini, Fire Chief Wax, Director of Human Resources Earl, Director of Community & Economic Development Bartholomew, Director of Public Works and Engineering Oakley, Director of Information Technology Duebner, and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: CITIZEN PART.: EXECUTIVE SESSION: CONSENT AGENDA: Moved by Robinson, seconded by Higgason, to go into Executive Session to discuss Pending Litigation and Probable and Imminent Litigation. Motion passed unanimously. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:06 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, and Argus. The opening prayer was given by The Reverend Scott Ziegler of The Bridge Community Church, followed by the Pledge of Allegiance to the Flag. Mr. Stan Zimmerman, 408 S. Wolf Road, addressed the City Council stating that he reviewed the health insurance coverage provided for government employees; he suggested that if the City employees paid 25% of the cost of health insurance, it would save the City approximately $1.5 million a year. Moved by Brookman, seconded by Haugeberg, that Staff continue to proceed with the pending litigation matter consistent with direction given in Executive Session. Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Higgason, Brookman, W alsten, Argus NAYS: 2-Bogusz, Wilson ABSENT: 0-None Motion declared carried. Motion by Haugeberg, seconded by Argus, to establish the Consent Agenda, except for Items 4, 4a, 5 and 5a. Voice Vote -All Ayes. Motion declared carried. ~~'t CONSENT AGENDA: (Cont'd) MINUTES: GIS SVC. CONTRACT/2011 SUPPORT SVCS.: Consent Agenda Resolution R-6-11 AGR. WITH AYRES ASSOC./ AERIAL PHOTOGRAPHY: Resolution R-7-11 Page 2of10 1/18/11 Motion by Bogusz, seconded by Argus, to approve Consent Agenda except for Items 4, 4a, 5 and Sa. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, W alsten, Wilson, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinance M-1-11 was adopted; and Resolutions R-6-11, R-9-11, R- 10-11 and R-13-11 were adopted. Moved by Bogusz, seconded by Argus, to approve minutes of the Regular Meeting of the City Council held December 20, 2010. Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Argus, to approve minutes of the Executive Session of the City Council held December 20, 2010. Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Argus, to concur with Staff recommendation to approve contract with Municipal GIS Partners, Inc., 701 Lee Street, Suite 1020, Des Plaines, IL 60016 in the amount of $177,034.00 (GIS Fund) to provide support services for 2011; and further recommend to adopt Resolution R-6-11, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN MUNICIPAL GIS PARTNERS, INC. AND THE CITY OF DES PLAINES FOR GIS DATABASE SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Alderman Wilson requested that this item be removed from the Consent Agenda for discussion. Alderman Wilson asked how this contract helps the Geographical Information System (GIS). Director of Public Works & Engineering Oakley responded that Municipal GIS Partners (MGP) provides support and technical services for the GIS system for the City. Moved by Walsten, seconded by Bogusz, to concur with Staff recommendation that it is in the best interest of the City to waive normal bidding requirements and approve the agreement with Ayres Associates, 1802 Pankratz Street, Madison, WI 53704-3186 in the amount of $47,293.00 (GIS Fund); and further recommend to adopt Resolution R-7-11, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN AYRES ASSOCIATES, INC. AND THE CITY OF DES PLAINES FOR AERIAL PHOTOGRAPHY FOR THE GIS SYSTEM. ~t Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, R-7-11 (Cont'd) NAYS: ABSENT: Page 3of10 Brookman, W alsten, Wilson, Argus 0-None 0-None Motion declared carried. 1/18/11 PURCHASE OF Alderman Wilson requested that this item be removed from the Consent WATER METERS/ Agenda for discussion and that this was a no bid purchase. REPAIR PARTS: Resolution R-8-11 2011 MOTOR FUEL TAX GEN. MAINT. AGR.: Consent Agenda Resolution R-9-11 DCEO/CDBG DISASTER RECOVERY "IKE" PROGRAM: Consent Agenda Resolution R-10-11 ONSITE UTILITY MAINT. AGR./ 3000 DES PLAINES RIVER RD.: Consent Agenda Resolution R-13-11 Director of Public Works & Engineering Oakley answered questions from the Aldermen regarding replacement of older water meters which do not read properly, purchasing replacement parts and adding a fixed-base Automated Meter Reading (AMR) system; it would cost approximately $7 Million over 10 years to replace everything. Moved by Brookman, seconded by W alsten, to send this item back to Committee for further review. Voice Vote -All Ayes. Motion declared carried. Moved by Bogusz, seconded by Argus, to concur with Staff recommendation to approve the Municipal Estimate of Maintenance Costs and adopt Resolution R- 9-11, A RESOLUTION AUTHORIZING THE EXECUTION OF A STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION "RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE," FOR THE PURPOSE OF MAINTAINING STREETS AND HIGHWAYS IN THE CITY (11-00000-00 GM). Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Argus, to concur with Staff recommendation to apply for the Department of Commerce & Economic Opportunity (DCEO) Public Infrastructure Program -Community Development Block Grant (CDBG) Disaster Recovery "IKE" Program grant; and further recommend to adopt Resolution R-10-11, A COUNCIL RESOLUTION OF SUPPORT FOR THE APPLICATION TO THE STATE OF ILLINOIS FOR A CDBG DISASTER RECOVERY GRANT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Argus, to concur with Staff recommendation to approve the Onsite Utility Maintenance Agreement for the Casino; and further recommend to adopt Resolution R-13-11, A RESOLUTION AUTHORIZING THE EXECUTION OF AN ONSITE UTILITY MAINTENANCE AGREEMENT BETWEEN THE CITY OF DES PLAINES AND MIDWEST GAMING & ENTERTAINMENT, LLC. Motion declared carried as approved unanimously under Consent Agenda. ~~{_ AUTHORIZE BID NOTICE/SAFE ROUTES TO SCHOOL: Consent Agenda ORDINANCE M-1-11 TEMP. REORG./ CED DEPT./ REVISED SALARY SCHED.: Consent Agenda REAPP'TS: Page 4of10 1/18/11 Moved by Bogusz, seconded by Argus, to concur with Staff recommendation that the Public Works and Engineering Department be authorized to bid the Safe Routes to School -Central School Pedestrian Improvements Project upon receipt of the Illinois Department of Transportation (IDOT) -Springfield paperwork. The project will be advertised in accordance with all IDOT and State regulations. Anticipated bid date is March 11, 2011 at 3:00 p.m. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Bogusz, to adopt Ordinance M-1-11, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "ADOPTION OF COMPENSATION PLAN," SUBSECTION A, "CLASSIFIED POSITIONS," SCHEDULE VII-A, "MANAGEMENT PERSONNEL NON-UNION," OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. REAPPOINTMENTS: Presented for your consideration -NO ACTION REQUIRED ECONOMIC DEVELOPMENT COMMISSION -Reappointments Richard Grosse -Term to expire 04/30/14 Jin Lee -Term to expire 04/30/14 Jim Ulett -Term to expire 04/30/14 Mary Howard -Term to expire 04/30/14 ARCHITECTURAL REVIEW COMMISSION -Reappointment George Geldis -Term to Expire 8/31/12 ZONING BOARD OF APPEALS -Reappointment Amie Seegers -Term to expire 04/30/15 ADMINISTRATIVE HEARING OFFICER Chris Cohen -Moved by Higgason, seconded by Wilson, to consent to the appointment of Chris Cohen as Administrative Hearing Officer to hear the two case calls for the Police Department. Voice Vote -All Ayes. Motion declared carried. Sandy Sandquist -Moved by Higgason, seconded by Bogusz, to consent to the reappointment of Sandy Sandquist as Administrative Hearing Officer to hear the housing court call and to serve as back up to attorney Chris Cohen if scheduling problems arise. Voice Vote -All Ayes. Motion declared carried. MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE WARRANT REGISTER: COND. USE/ 855 E. RAND RD.: Page 5of10 1/18/11 FINANCE & ADMINISTRATION -Alderman Higgason, Chair Moved by Haugeberg, seconded by Robinson, to recommend to the City Council approval of the January 18, 2010 -Warrant Register, in the total amount of $2,981,299.46; and further recommend that Resolution R-12-11 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Argus, Chair CED Senior Planner Mangum addressed the Committee of the Whole and reviewed his Memorandum of January 10, 2011 regarding the request of Petitioner Tri-Star Properties, LLC for a Conditional Use Permit to authorize the operation of a motor vehicle sales operation with accessory motor vehicle repair in the C-3 District. Attorney Paul Buikema representing the Petitioner Tri-Star Properties, LLC, 3334 Memorial Highway, Mandan, ND 58554, appeared before the Committee of the Whole and answered questions from the aldermen. Moved by W alsten, seconded by Robinson, to recommend to the City Council approval of the conditional use permit request for a Motor Vehicle Sales operation, based on review of the information presented by the applicant and the findings made, as specified in Section 3.4-5 (Standards for Conditional Use) of the City of Des Plaines Zoning Ordinance, subject to the following Conditions of Approval: 1. Prior to issuance of the Conditional Use Permit, the applicant shall complete site improvements as indicated on the Site and Landscape Plans or post a cash bond equal to an estimate of the total cost of the improvements provided by third party contractor. 2. All landscaping materials shall be maintained in good condition so as to present a healthy and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris. 3. Hours of operation are limited to: Monday-Friday: 9:00 a.m. to 9:00 p.m., Saturday 8:00 a.m. to 6:00 p.m. 4. All repairs of vehicles shall occur inside the building. 5. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. 6. Prior to the issuance of the Conditional Use Permit, the applicant shall submit a photometric plan that limits the maximum amount of horizontal foot-candles on residential properties to not more than 0.1 foot-candles at the single-family residential property line. 7. Prior to the issuance of the Conditional Use Permit, signs attached to the light posts shall be removed to be brought into compliance with code requirements. 8. Prior to the issuance of the Conditional Use Permit, the applicant shall provide information that ensures compliance with the requirements of Section 3.4-.3 of the Zoning Ordinance (Parties Entitled to Seek )\\-f- 855 E. RAND RD.: (Cont'd) COND. USE/ 305 S. RIVER RD.: COND. USE/ 2300 MANNHEIM RD.: COND. USE/ 2300 Page 6of10 1/18/11 Conditional Use). 9. No long-term parking or storage of commercial vehicles shall be allowed. 10. Install and/or maintain in good condition uniform fencing as set forth in L-1, Landscape and Site Plan. Voice Vote -All Ayes. Motion declared carried. CED Senior Planner Mangum addressed the Committee of the Whole reviewing his Memorandum of January 10, 2011 regarding the request of Petitioner Luis Contreras for a Conditional Use Permit to authorize the operation of an auto body repair use (auto detailing) in a C-3 District. Petitioner Luis Contreras appeared before the Committee of the Whole to answer questions. Moved by Brookman, seconded by Haugeberg, to amend the conditional use permit to strike "auto body repair" and amend conditional use to read "auto detailing". Voice Vote-All Ayes. Motion declared carried. Moved by Haugeberg, seconded by Higgason, to recommend to the City Council approval of the conditional use permit request for the operation of an auto body repair (auto detailing) in the C-3 District, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following conditions of approval: 1. The applicant shall install a solid 8 feet opaque view screen fence along the east property line between 305 S. River Road and the residential property located at 1568 Hills A venue. 2. The applicant shall provide the parking spaces as shown on the submitted site plan and be surfaced and striped to meet all applicable building code hard surface requirements. 3. The applicant shall only operate the business between 8 a.m. and 6 p.m. Monday through Saturday and 9 a.m. to 2 p.m. on Sundays. Further, all work to vehicles shall occur inside the building. Moved by Brookman, seconded by Haugeberg, that the Conditional Use be amended to read: under the classification of Auto Body Repair; an Auto Detailing Use. Voice Vote -All Ayes. Motion declared carried. Moved by Haugeberg, seconded by Higgason, to recommend to the City Council approval of the conditional use permit at 305 S. River Road, as amended. Voice Vote -All Ayes. Motion declared carried. Director of Community & Economic Development Bartholomew answered Alderman Wilson's questions regarding electrical connections for the tent erected at the Fountain Blue banquet facility. ~ \J_ MANNHEIM RD.: (Cont'd) Page 7of10 1/18/11 Alderman Argus gave a description of the tent which was installed as an accessory to the banquet facility. Fire Chief Wax answered questions from the aldermen regarding use of stemo or candles. Moved by Brookman, seconded by W alsten, to recommend to the City Council approval of the Conditional Use ordinance allowing the use of a 60' x 100' tent at the Fountain Blue banquet facility, 2300 Mannheim Road, subject to the following conditions and compliance with applicable Fire and other Codes: 1. The Conditional Use Permit is not transferable. 2. The Conditional Use Permit shall be valid for a period of two years from the date of passage and approval of this Ordinance, and is subject to consideration of possible renewal by Council action. 3. The tent capacity is set at 400. 4. Occupancy maximums must be posted in the tent. 5. Exit aisles and spacing between tables must be maintained and meet Life Safety Codes. 6. An evacuation plan is required. 7. A firm floor plan must be posted in the alarm room for the night's events. Floor plans for the anticipated various occupancy loads and set-ups shall be provided to the City for approval within 30 days of the date of this Ordinance. Any significant deviation from previously approved layouts shall be submitted to the Fire Department for approval. 8. An annual inspection must be performed by the tent manufacturer, or seller, between April 1-15 with CED staff and Fire Department present. Installer must certify installation, frame, and fabric are still satisfactory. An annual inspection fee is set at $250.00. 9. A semi-annual inspection with CED staff and Fire Department between October 1-15. A semi-annual inspection fee is set at $250.00. 10. Fire and smoke alarms must be installed and kept in proper working condition. Pull stations must be installed and kept in proper working condition. Plans for the alarms and pull stations are to be submitted to, and approved by the Fire Department. 11. The owner must tie into the existing alarm panel or a have a separate tent alarm panel with connection to the City's alarm board. 12. The alarm system for the main building must be directly connected to City's alarm board. 13. Emergency lighting must be installed and maintained per Code. 14. Fire extinguishers must be consistent with all Code requirements. 15. For any event in the tent, two employees must be present who ~~'l COND. USE/ 2300 MANNHEIM RD.: (Cont'd) WARRANT REGISTER: Resolution R-12-11 COND. USE/ 855 E. RAND RD.: Ordinance Page 8of10 1/18/11 have received annual training in the use of fire extinguishers and who can assist in evacuating occupants. 16. One exit of 72" or two exits of 36" each on the west end, closer to north wall, must be added. 17. Owner must provide an exit to grade (landing outside). 18. All exit signs must be installed and properly maintained. 19. All gates and doors must have push out panic bars. 20. All exits shall never be obscured. 21. The shrub must be removed from the northwest comer outside of tent inside of fence. 22. No open flames, Sterno warmers, pyrotechnics, or candles shall be used in the tent at any time. An exception shall be allowed for weddings for the use of a "Unity Candle" on a metal or other fire retardant surface, which candle will be extinguished following the lighting ceremony. 23. No cooking shall take place in the tent. 24. Electric food warmers are permissible. 25. Extension cords and wiring must meet all Codes. 26. All decorations and wall coverings shall comply with the International Fire Code, as adopted by the City of Des Plaines. 27. Plumbing shall meet State Plumbing Code requirements as if at capacity for both the tent and the banquet hall uses. 28. Parking demand may not exceed supply. Voice Vote -Aldermen Haugeberg, Robinson, Higgason, Brookman, W alsten and Argus voted Aye. Aldermen Bogusz and Wilson voted Nay. Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Higgason, seconded by Bogusz, to concur with recommendation of Committee of the Whole to adopt Resolution R-12-11, 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: $2,981,299.46. Upon roll call, the vote was: AYES: NAYS: ABSENT: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus 0-None 0-None Motion declared carried. Moved by Argus, seconded by Higgason, to concur with recommendation of Committee of the Whole to approve the conditional use permit request for a Motor Vehicle Sales operation at 855 E. Rand Road, and place on First Reading Ordinance Z-1-11, AN ORDINANCE GRANTING A CONDITIONAL USE ~'t{ Z-1-11 ORDINANCE Z-1-11 COND. USE/ 855 E. RAND RD.: COND. USE/ 305 S. RIVER RD.: Ordinance Z-2-11 ORDINANCE Z-2-11 COND. USE/ 305 S. RIVER RD.: Page 9of10 1/18/11 PERMIT IN ACCORDANCE WITH SECTION 7.3-6 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW A MOTOR VEHICLE SALES AND MOTOR VEHICLE REPAIR BUSINESS AT 855 EAST RAND ROAD, DES PLAINES, ILLINOIS (CASE #10-063-CU). Voice Vote -All Ayes. Motion declared carried. Moved by Argus, seconded by Haugeberg, to advance to Second Reading and Adopt Ordinance Z-1-11, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-6 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW A MOTOR VEHICLE SALES AND MOTOR VEHICLE REPAIR BUSINESS AT 855 EAST RAND ROAD, DES PLAINES, ILLINOIS (CASE #10-063-CU). Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, W alsten, Wilson, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Argus, seconded by Higgason, to concur with recommendation of Committee of the Whole to approve the conditional use permit at 305 S. River Road, as Amended, and place on First Reading Ordinance Z-2-11, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT UNDER SECTION 7.3-6 C. OF THE ZONING ORDINANCE TO PERMIT AN AUTO BODY REPAIR (AUTO DETAILING) USE AT 305 S. RIVER ROAD, DES PLAINES, ILLINOIS. (CASE #10-058-CU). Voice Vote -All Ayes. Motion declared carried. Moved by Argus, seconded by W alsten, to advance to Second Reading and adopt Ordinance Z-2-11, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT UNDER SECTION 7.3-6 C. OF THE ZONING ORDINANCE TO PERMIT AN AUTO BODY REPAIR (AUTO DETAILING) USE AT 305 S. RIVER ROAD, DES PLAINES, ILLINOIS. (CASE #10-058-CU). Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, W alsten, Argus NAYS: I-Wilson ABSENT: 0-None Motion declared carried. COND. USE/ 2300 Moved by Argus, seconded by Robinson, to concur with recommendation of MANNHEIM RD.: Committee of the Whole to approve the Conditional Use ordinance allowing the use of a 60' x 100' tent at the Fountain Blue Banquet Facility, 2300 Mannheim Ordinance Road, subject to conditions and compliance with applicable Fire and other Z-3-11 Codes, and place on First Reading Ordinance Z-3-11, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO ALLOW THE USE OF A 60' BY 100' TENT AT 2300 MANNHEIM ROAD, DES PLAINES, ILLINOIS. Voice Vote -Aldermen Haugeberg, Robinson, Higgason, Brookman, Walsten and Argus voted Aye. Aldermen Bogusz and Wilson v~;i Z-3-11 (Cont'd) ORDINANCE Z-3-11 COND. USE/ 2300 MANNHEIM RD.: Page 10of10 1/18/11 Nay. Motion declared carried. Moved by Argus, seconded by Haugeberg, to advance to Second Reading and adopt Ordinance Z-3-11, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO ALLOW THE USE OF A 60' BY 100' TENT AT 2300 MANNHEIM ROAD, DES PLAINES, ILLINOIS. Upon roll call, the vote was: A YES: 6-Haugeberg, Robinson, Higgason, Brookman, W alsten, Argus NAYS: 2-Bogusz, Wilson ABSENT: 0-None Motion declared carried. ADJOURNMENT: Moved by Bogusz, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:00 p.m. APPROVED BY ME THIS 7 ~ ~-- DAYOF ;t~ ,2011 M~