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05-02-2011CALL 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, MONDAY, MAY 2, 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 2, 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. PRAYER AND PLEDGE: CITIZEN PART.: PROCLAMATIONS: CONSENT AGENDA: The opening prayer was given by The Reverend Gary Houdek of the Golf Road Baptist Church, followed by the Pledge of Allegiance to the Flag. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that he has been attending Council meetings for 43 years; it has been a pleasure dealing with Aldermen Higgason and Argus; thanked them for their service and suggested that they keep involved; welcome back Mr. Sayad. Mayor Moylan presented a Proclamation to Director of Human Resources, Michael Earl, proclaiming the week of May 1 -7, 2011 as Public Service Recognition Week. Mayor Moylan presented a Proclamation to Director of Public Works and Engineering, Timothy Oakley, proclaiming the week of May 15 -19, 2011 as National Public Works Week. Mayor Moylan presented a Proclamation to City Clerk Gloria J. Ludwig, proclaiming the week of May 1-7, 2011 as Municipal Clerks Week. Motion by Higgason, seconded by Bogusz, to establish the Consent Agenda, except for Items 3, 3a, 4, 4a, 6, 6a and 12. Voice Vote -All Ayes. Motion declared carried. Motion by Robinson, seconded by Bogusz, to approve Consent Agenda except for Items 3, 3a, 4, 4a, 6, 6a and 12. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. CONSENT AGENDA: (Cont'd) MINUTES: IEMAGRANT/ METHODIST CAMPGROUND: Consent Agenda Resolution R-63-11 Page 2of10 5/02/11 Minutes were approved; Staff recommendations and requests were approved; Resolutions R-64-11, R-66-11, R-67-11, R-68-11, R-70-11, and R-71-11 were adopted. Moved by Robinson, seconded by Bogusz, to approve minutes of the Regular Meeting of the City Council held April 4, 2011. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to approve minutes of the Executive Session of the City Council held April 4, 2011. Motion declared carried as approved unanimously under Consent Agenda. A resident, Mr. John Paquet, 2131 Elmira, requested that this item be removed from Consent Agenda for further discussion. Mr. John Paquet, 2131 Elmira, addressed the City Council requesting that voting on IEMA Grant proposed for the Methodist Campground be deferred. The Methodist Campground has had a history of discrimination against gay and lesbian members who wanted to use the facilities; there has been ongoing litigation with Cook County and the State of Illinois; he requested that the Council defer action until an assurance is made that all residents will have equal access to accommodations at the Methodist Campground. Alderman W alsten asked if the City had any documentation to back up these claims. Acting City Manager Slowinski stated not to his knowledge. Alderman W alsten asked if there was a timeline for the grant. Director of Public Works and Engineering Oakley responded that there is a time line for projects to be under construction until August of this year. Mr. James Lane, 6549 West Higgins Road, Chicago, President of the Methodist Campground addressed the City Council stating that everything Mr. Paquet stated was accurate; he gave his assurance and assurance on behalf of the Board of Trustees of the Methodist Campground that they pledge to inclusion for all; there are no pending lawsuits; human rights statements are in place and will be followed from this time forward. Moved by W alsten, seconded by Higgason, to concur with Staff recommendation to authorize Illinois Emergency Management Agency (IEMA) Grant for Methodist Campground; and further recommend to adopt Resolution R-63-11, A RESOLUTION RESCINDING RESOLUTION R-90-09 AND AUTHORIZING THE EXECUTION OF A REVISED GRANT AGREEMENT BETWEEN THE ILLINOIS EMERGENCY MANAGEMENT AGENCY AND THE CITY OF DES PLAINES FOR A GRANT IN THE AMOUNT OF $402,299.57. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, R-63-11 (Cont'd) AWARD BID/ TREE MAINT. CONTRACT: Resolution R-59-11 AWARD BID/ DOWNTOWN METRA LANDSCAPE CONSTR. SVCS.: Consent Agenda Resolution R-64-11 NAYS: ABSENT: Page 3of10 Brookman, Walsten, Wilson, Argus 0-None 0-None Motion declared carried. 5/02/11 Alderman Higgason requested that it be stated there are no city momes involved; this is a grant. Alderman Brookman requested that this item be removed from Consent Agenda for further discussion. Alderman Brookman stated that the bidding categories should be separated; reject this bid and rebid. Director of Public Works and Engineering Oakley answered questions from the Aldermen regarding the bid process. Moved by Brookman, seconded by Wilson, to reject the bid from Robert W. Hendricksen and rebid the 2011-2013 Tree Maintenance Contract. Upon roll call, the vote was: AYES: 3-Brookman, Walsten, Wilson NAYS: 5-Haugeberg, Robinson, Bogusz, Higgason, Argus ABSENT: 0-None Motion declared FAILED. Moved by Bogusz, seconded by Haugeberg, to concur with Staff recommendation to award bid for the 2011-2013 Tree Maintenance Contract to Robert W. Hendricksen Company, 2131 South Foster Avenue, Wheeling, Illinois 60090 in a not-to-exceed amount of $200,000.00; and further recommend to adopt Resolution R-59-11, A RESOLUTION ACCEPTING THE BID FOR TREE TRIMMING AND REMOVAL OF DAMAGED OR DISEASED TREES AND STUMPS FROM ROBERT W. HENDRICKSEN COMPANY. Upon roll call, the vote was: AYES: 5-Haugeberg, Robinson, Bogusz, Higgason, Argus NAYS: 3-Brookman, Walsten, Wilson ABSENT: 0-None Motion declared carried. Moved by Robinson, seconded by Bogusz, to concur with Staff recommendation to award bid for the Downtown Metra Landscape Construction Services to IL T Vignocchi, Inc., 25865 West Ivanhoe Road, Wauconda, Illinois 60084 in the amount of $26, 125.00 (TIF #1 Improvements Fund); and further recommend to adopt Resolution R-64-11, A RESOLUTION ACCEPTING THE PROPOSAL FROM ILT VIGNOCCHI, INC. FOR LANDSCAPE CONSTRUCTION SERVICES FOR THE CORNER OF MINER AND LEE STREETS. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ 2011 CIP "SAFE ROUTES TO SCHOOL": Consent Agenda Resolution R-65-11 PURCHASE/ SPRING TREE PLANTING: Consent Agenda Resolution R-66-11 AWARD BID/ 2011 C.I.P./ CONCRETE IMPROVMENTS: Consent Agenda Resolution Page 4of10 5/02/11 Alderman Brookman requested that this item be removed from Consent Agenda for further discussion. Director of Public Works and Engineering Oakley answered Alderman Brookman' s question regarding the raised crosswalk; the sidewalk to be added along Prairie Avenue at the north side of the school is to be cut from the project so that the total construction cost will fall within the available grant amount of $304,596.00. Alderman Brookman stated that the school board should be contacted regarding a contribution from them in the amount of $33,914.00 for the sidewalk which is being cut from the project. Moved by Brookman, seconded by Robinson, to concur with Staff recommendation to award bid in conjunction with the 2011 CIP -"Safe Routes to School" Project, with the reduced scope (the sidewalk that was to be added along Prairie A venue at the north side of the school is to be cut from the project), to DiNatale Construction, Inc., 1441 Bernard Drive, Addison, Illinois 60101 in the not-to-exceed amount of $304,596.00 (2007/2008 Safe Routes to School Grants); and further recommend to adopt Resolution R-65-11, A RESOLUTION ACCEPTING THE BID, WITH A REDUCED SCOPE, FROM DINATALE CONSTRUCTION, INC. FOR THE 2011 CAPITAL IMPROVEMENT PROGRAM -SAFE ROUTES TO SCHOOL (MFT 08- 00205-00-SP) PROJECT AT A COST NOT TO EXCEED $304,596.00. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, NAYS: ABSENT: Brookman, Walsten, Wilson, Argus 0-None 0-None Motion declared carried. Moved by Robinson, seconded by Bogusz, to concur with Staff recommendation to authorize the purchase of trees and planting labor through the West Central Municipal Conference -Suburban Tree Consortium, 2000 Fifth Avenue, Bldg J, River Grove, Illinois 60171, in the not-to-exceed amount of $50,000.00 (Street/Grounds Maintenance); and further recommend to adopt Resolution R-66-11, A RESOLUTION AUTHORIZING THE PURCHASE OF TREES THROUGH THE WEST CENTRAL MUNICIPAL CONFERENCE - SUBURBAN TREE CONSORTIUM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to concur with Staff recommendation to award bid for 2011 Concrete Improvements -MFT 11- 00215-00-RP to DiNatale Construction, Inc., 1441 Bernard Drive, Addison, Illinois 60101 in the amount of $693,689.55 (Motor Fuel Tax ($150,000.00 Curb and $244,534.55 Alley), Community Development Block Grant ($45,615.00 Alley) and Capital Projects Fund $250,000.00) Water/Sewer Fund ($3,540.00); and further recommend to adopt Resolution R-67-11, A RESOLUTION ACCEPTING THE BID FROM DINATALE * ~-j_, R-67-11 AWARD BID/ 2011 C.I.P. STORM WATER MASTER PLAN/ AREAS 2 & 7/ CONTRACT A: Consent Agenda Resolution R-68-11 PURCHASE/ POLICE DEPT./ VEHICLES: Consent Agenda Resolution R-70-11 CHANGE ORDER/ POLICE DEPT./ CEILING TILES/ PAINTING GRID SYSTEM: Consent Agenda Resolution R-71-11 ORDINANCE Z-10-11 ZONING TEXT AMENDMENTS/ ART'S 11.5-7 AND 11.6 B.: Page 5of10 5/02/11 CONSTRUCTION, INC. FOR THE 2011 CONCRETE AND ALLEY IMPROVEMENTS AS PART OF THE 2011 CAPITAL IMPROVEMENT PROGRAM AT A COST NOT TO EXCEED $693,689.55, FUNDED FROM THE MOTOR FUEL TAX FUND (11-00215-00-RP). Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to concur with Staff recommendation to award bid for 2011 C.I.P., Storm Water Master Plan Areas 2 & 7 -Contract A to Martam Construction, Incorporated, 1200 Gasket Drive, Elgin, Illinois 60120 in the not-to-exceed amount of $1,512,007.00 (Capital Projects Fund -$1,374,397.00) and (Water/Sewer Fund -$137,610.00); and further recommend to adopt Resolution R-68-11, A RESOLUTION ACCEPTING THE BID FROM MARTAM CONSTRUCTION INCORPORATED FOR THE 2011 CAPITAL IMPROVEMENT PROGRAM -CONTRACT A -STORM WATER MASTER PLAN AREAS 2 AND 7, AT A COST NOT TO EXCEED $1,512,007.00. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to concur with Staff recommendation to authorize the purchase of three (3) 2011 Chevrolet Impala administrative package squad cars from Green Chevrolet, Inc., 1 700 West Morton, Jacksonville, Illinois 62650 in the amount of $66, 186.45 (Asset Forfeiture Funds) (State Bid -PSD#4016788); and further recommend to adopt Resolution R-70-11, A RESOLUTION AUTHORIZING THE CITY TO ACCEPT THE LOWEST RESPONSIBLE STATE BID OFFER FROM GREEN CHEVROLET, INC. FOR THE PURCHASE OF THREE 2011 CHEVROLET IMPALA VEHICLES AT A TOTAL COST OF $66,186.45. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to concur with Staff recommendation to approve a Change Order for Leopardo Companies, Inc., 5200 Prairie Stone Parkway, Hoffman Estates, Illinois 60192 in the amount of $41,400.00 (Asset Forfeiture Funds); and further recommend to adopt Resolution R-71-11 , A RESOLUTION AUTHORIZING A CHANGE ORDER FROM LEOPARDO COMPANIES, INC. FOR THE ADDITION OF REPLACING THE CEILING TILES AT THE POLICE DEPARTMENT IN CONJUNCTION WITH THE WORK APPROVED IN RESOLUTION R-17- 11. Motion declared carried as approved unanimously under Consent Agenda. Alderman Brookman requested that this item be removed from Consent Agenda for further discussion. Alderman Brookman stated that this issue was discussed at the last meeting, and wanted to bring it up again and put it on the record that the issue of City advertising time on the electronic sign which the owner has assured us will be time available, and wanted to hear again that it can be dealt with separately as a conditional use or a side letter. ~ ~ {-- AMENDMENTS/ ART'S 11.5-7 AND 11.6 B.: (Cont'd) WARRANT REGISTER: Page 6of10 5/02/11 City Attorney Wiltse responded that it should be handled separately and not in the context of this text amendment which is City-wide; conditional uses will be reviewed on a case-by-case basis as each applicant comes forward. Alderman Argus asked if the second reading is approved, does that mean that a company can pick up a permit and start with the sign. City Attorney Wiltse stated that a conditional use must be approved first; when the text amendment is approved on second reading, it becomes a part of the City Code. Moved by Walsten, seconded by Argus, to place on Second Reading and adopt Ordinance Z-10-11, AN ORDINANCE AUTHORIZING TEXT AMENDMENTS TO ARTICLE 11.5-7, "ELECTRONIC MESSAGE BOARDS," AND ARTICLE 11.6 B., "COMMERCIAL, MANUFACTURING AND INSTITUTIONAL DISTRICTS," OF DES PLAINES ZONING CODE. 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. MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Higgason, Chair Moved by Haugeberg, seconded by Argus, to recommend to the City Council approval of the May 2, 2011 -Warrant Register, in the total amount of $3,812,420.20; and further recommend that Resolution R-69-11 be adopted at appropriate time this evening. Alderman Higgason stated that she will be abstaining from voting on the Frisbie Senior Center subsidy due to a conflict of interest because she serves on the Frisbie Senior Center Board. Alderman Wilson stated that he will be abstaining from voting on the Frisbie Senior Center and Self-Help Closet and Pantry subsidies due to a conflict of interest because his wife serves on the Boards of the Frisbie Senior Center and Self-Help Closet and Pantry. Alde1men Haugeberg, Robinson, Bogusz, Brookman, Walsten and Argus voted Aye. Aldermen Higgason and Wilson abstained. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Argus, Chair ZONING TEXT AMENDMENT/ 655 SEEGERS RD.: Page 7of10 5/02/11 Alderman Argus introduced Item 2a, Zoning Ordinance Text Amendment, Case #11-007-TA, Contractor's Storage Yard and Commercial Truck Parking Lot Uses by Petitioner Patricia Smith of R. G. Smith, 655 Seegers Road, Des Plaines, IL 60018 which is a Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.4.1, Manufacturing Districts Use Matrix, and Section 13.3, Definitions. Alderman Argus stated for the record that R. G. Smith requested and asked for the advice of the City some 2-112 years ago; they have a piece of property zoned M-2 that they have renters for, and continue to have people who would like to rent; first started with a conditional use; Mike Conlan recommended a text amendment; a text amendment is recommended at this time. Director of Community & Economic Development Bartholomew stated that the Senior Planner did a good job in outlining all of the details; the Plan Commission brought forward the text amendment. Senior Planner Mangum reviewed the application by R. G. Smith. In considering a citywide text amendment regarding changes to the Manufacturing Districts Use Matrix for Commercial Truck Parking Lots and Contractor's Yard Storage, the City Council has the following options: • Approve the recommendation of the Plan Commission to permit the proposed use as a matter of right in the M-2 zoning District; • Make no changes to the Zoning Ordinance; • Make the proposed uses Conditional Uses that would be considered by the Zoning Board of Appeals and the City Council on a case-by-case basis in the M-2 Zoning District. Senior Planner Mangum answered questions from the Aldennen regarding the options presented. City Attorney Wiltse gave an explanation regarding "Commercial Truck Parking Lot" and ''Contractor's Storage Yard" being added as categories amending Table 7-4-1, "Manufacturing Districts Use Matrix" of the City of Des Plaines Zoning Code. Motion by Bogusz, seconded by Haugeberg, to change Commercial Truck Parking Lot and Contractor's Storage Yard from a "Permitted" Use to a "Conditional" Use. Ms. Shirley Smith, 140 Ardmore Road, addressed the Committee of the Whole asking if other property owners who have been allowing parking of vehicles on the property would be grandfathered in as a result of this text amendment. City Attorney Wiltse responded that if any uses were in existence before 1998 when the Zoning Code was adopted, they would be grandfathered. Any other uses after 1998 would have to come in for a conditional use on a case-by-case basis. WARRANT REGISTER: Resolution R-69-11 ZONING TEXT AMENDMENT/ 655 SEEGERS RD.: Ordinance Z-12-11 Page 8of10 5/02/11 Mr. Bob Parada, 555 Concord Lane, addressed the Committee of the Whole thanking Staff for coming up with options and passing along his letter regarding the proposed zoning text amendment. Voting on the motion by Bogusz, seconded by Haugeberg, to amend Ordinance Z-12-11 by changing Commercial Trnck Parking Lot and Contractor's Storage Yard from "Permitted" Use to "Conditional" Use, the vote was: Aldermen Haugeberg, Robinson, Bogusz, Higgason, Walsten, Wilson and Argus voted Aye. Alderman Brookman voted Nay. Motion declared carried. Motion by Bogusz, seconded by Haugeberg, to recommend to City Council that Ordinance Z-12-11, as Amended, be placed on First Reading at appropriate time this evening. Aldermen Haugeberg, Robinson, Bogusz, Higgason, Walsten, Wilson and Argus vote Aye. Alderman Brookman voted Nay. Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Bogusz, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to adopt Resolution R-69-11, 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: $3,812,420.20. Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Bogusz, Brookman, W alsten, Argus NAYS: 0-None ABSTAIN: 2-Higgason, Wilson ABSENT: 0-None Motion declared carried. Prior to voting, Ms. Patricia Smith of R. G. Smith addressed the City Council stating that she did not ask for a text amendment; told it was the only way they could do it; they pay large amounts in taxes, mortgage; bankrnptcy will be next; trying to stay in business; this has been going on for years; stayed with contractor's storage yard; sees restaurants, liquor stores renting their properties; can't sell property; told only option was by text amendment; asked for help; company has been treated unfairly. Moved by Argus, seconded by Wilson, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-12-11, AN ORDINANCE AUTHORIZING TEXT AMENDMENTS TO TABLE 7-4-1, "MANUFACTURING DISTRICTS USE MATRIX," AND ARTICLE 11.3, "DEFINITIONS," OF THE DES PLAINES ZONING CODE, AS AMENDED. Upon roll call, the vote was: ORDINANCE Z-12-11 ZONING TEXT AMENDMENT/ 655 SEEGERS RD.: RECESS: PRESENTATION: SWEARING-IN CEREMONY: COUNCIL RECONVENED: COMMITTEE ON COMMITTEES: AYES: NAYS: ABSENT: Page 9of10 7-Haugeberg, Robinson, Bogusz, Higgason, W alsten, Wilson, Argus I-Brookman 0-None Motion declared carried. 5/02/11 Moved by Robinson, seconded by Bogusz, to advance to Second Reading and adopt Ordinance Z-12-11, AN ORDINANCE AUTHORIZING TEXT AMENDMENTS TO TABLE 7-4-1, "MANUFACTURING DISTRICTS USE MATRIX," AND ARTICLE 11.3, "DEFINITIONS," OF THE DES PLAINES ZONING CODE, AS AMENDED. Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Bogusz, Higgason, W alsten, Argus NAYS: 2-Brookman, Wilson ABSENT: 0-None Motion declared carried. Moved by Robinson, seconded by Higgason, to recess the meeting at 8:35 p.m. for the presentation of plaques to the outgoing elected officials and the swearing-in of the newly elected officials. Motion declared carried. Mayor Moylan presented plaques of appreciation to the outgoing Aldermen: Jean Higgason -Fourth Ward, Rosemary Argus -Eighth Ward. Judge Bruce W. Lester administered the Oath of Office to the following newly- elected officials: John F. Robinson -Alderman -Second Ward Dick Sayad -Alderman -Fourth Ward Mark Walsten -Alderman -Sixth Ward Michael Charewicz -Alderman -Eighth Ward Mayor Moylan called the meeting back to order at 8:55 p.m. Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson and Charewicz. Moved by Wilson, seconded by Haugeberg, to elect Alderman Robinson as Chairman of the Committee on Committees. Moved by Brookman, seconded by Charewicz, to nominate Mark W alsten as Chairman of the Committee on Committees. Upon a show of hands on Alderman Wilson's original motion, the vote was: AYES: 5-Haugeberg, Robinson, Bogusz, Sayad, Wilson NAYS: 3-Brookman, Walsten, Charewicz ABSENT: 0-None Motion declared carried. Page 10of10 5/02/11 Chairman Robinson suggested that the Committee on Committees meet prior to the May 16 Council meeting, and recommended Tuesday, May 10, 2011 at 6:30 p.m. in Room 101 or whichever room is determined available in City Hall. Voice Vote -All Ayes. Motion declared carried. ADJOURNMENT: Moved by Sayad, seconded by Haugeberg, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9: 10 p.m. Gloria J. Ludwig -c{ CLERK APPROVED BY ME THIS h "([;; DAY OF--..,;~~-'---=----' 2011