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12-19-2011CALL 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, DECEMBER 19, 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, December 19, 2011. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, and Charewicz. Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Deputy Police Chief Kozak, Fire Chief Wax, Director of Public Works and Engineering Oakley, Director of Human Resources Earl, Director of Information Technology Duebner, Director of Community & Economic Development Bartholomew, and City Attorney Wiltse. PRAYER AND PLEDGE: CITIZEN PART.: CONSENT AGENDA: MINUTES: Consent Agenda The opening prayer was given by Deacon Jim Ernst of Our Lady of Hope Church, followed by the Pledge of Allegiance. Mr. Larry Arkus addressed the City Council stating that he was there on behalf of his father, Chester Arkus, who has lived at 2286 Cedar Street since 1956, and requested that the Des Plaines River be dredged; every state of a past President as well as the present President receives benefits during his term; go for the federal money; dredging should help in flood control. Motion by Sayad, seconded by W alsten, to establish the Consent Agenda, except for Items 3, 3a, 4, 4a, 7, 7a, 8, Sa and 10. Motion declared carried. Motion by W alsten, seconded by Robinson, to approve Consent Agenda, except for Items 3, 3a, 4, 4a, 7, 7a, 8, 8a and 10. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Resolutions R-161-11 and R-167-11 were adopted, and Ordinance Z-36-11 was placed on Second Reading and adopted. Moved by W alsten, seconded by Robinson, to approve minutes of the Regular Meeting of the City Council held December 5, 2011, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by W alsten, seconded by Robinson, to approve minutes of the Executive Session of the City Council meeting held December 5, 2011. Motion declared carried as approved unanimously under Consent Agenda. RESPONSIBLE BIDDER: Ordinance M-66-11 RESCIND ORDINANCE M-17-04/ VACATION OF TIMES DRIVE RIGHTOFWAY: Ordinance M-67-11 AMEND CITY CODE/ ADMIN. HRGS. PROGRAM: Consent Agenda Ordinance M-68-11 NSECC/ FIRE DEPT COM.: Consent Agenda Resolution R-161-11 Page 2 of 7 12/19/11 Alderman Brookman requested that this item be removed from the Consent Agenda for discussion. Alderman Brookman is in favor of responsible bidders and has some concerns; there are six additional requirements in the ordinance; may reduce number of bidders; concerned about lawsuits; he will vote no. Moved by Sayad, seconded by Bogusz, to approve an ordinance to define responsible bidders in the case of bidders for construction projects (construction of new facilities, renovation of current facilities or road construction projects) over $25,000.00 should be added to Formal Contract Procedures to guarantee responsible bidders answer City contract solicitations; and further recommend to place on First Reading Ordinance M-66-11, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 10, "PURCHASING POLICES AND GUIDELINES," SECTION 5, "FORMAL CONTRACT PROCEDURES," OF THE CITY CODE BY ADDING RESPONSIBLE BIDDER REQUIREMENT. Motion declared carried. Alderman Brookman voted no. Staff requested that this item be pulled from Consent Agenda. City Attorney Wiltse stated that he received a letter from Mr. Nick Mitchell dated December 15, 2011 which included stamped copies of two Notices of Appeal to the Illinois Appellate Court; Mr. Mitchell believes his (Riviera) project is still viable and he is in the Appellate Court. Based on this information, City Attorney Wiltse recommended that the City Council not vote on this matter. It was the consensus of the Aldermen to remove this Ordinance from Consent Agenda. There were no objections. Moved by W alsten, seconded by Robinson, to concur with Staff recommendation and agree to add a Civil Engineer as one having authority to sign a complaint on behalf of the City to issue Citations for the Administrative Hearings Program; and further recommend to place on First Reading Ordinance M-68-11, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 16, "ADMINISTRATIVE HEARINGS PROGRAM," SECTION 7, "AUTHORIZATION TO ISSUE ADMINISTRATIVE CITATIONS," OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimous I y under Consent Agenda. Moved by W alsten, seconded by Robinson, to concur with Staff recommendation to authorize payment to North Suburban Emergency Communications Center (NSECC), 1420 Miner Street, Des Plaines, Illinois 60016, for mandatory Narrowbanding of the radio communication receiver/transmitter sites for the Fire Department portion in a not-to-exceed amount of $25,000.00; and further recommend to adopt Resolution R-161-11, A RESOLUTION AUTHORIZING PAYMENT TO THE NORTH SUBURBAN EMERGENCY COMMUNICATIONS CENTER FOR NARROWBANDING OF FIRE DEPARTMENT RADIO RECENERS AND TRANSMITTEt\1- MODEL COM. GRANT/ACTIVE TRANS. PLAN: Resolution R-162-11 MODEL COM. GRANT/ COMPLETE STREETS POLICY: Resolution R-163-11 SIX-MONTH EXT.IMAP 282 CBA: Resolution R-167-11 ORDINANCE M-65-11 REFIN. BONDS/ SCIENCE & ARTS ACADEMY: Page 3 of 7 12/19/11 Motion declared carried as approved unanimously under Consent Agenda. Alderman Sayad requested that this item be pulled from Consent Agenda. Moved by Sayad, seconded by Walsten, to send the Model Communities Grant -Active Transportation Plan back to the Engineering Committee for review. Motion declared carried. Alderman Brookman requested that this item be pulled from Consent Agenda. Moved by Brookman, seconded by Sayad, to send the Model Communities Grant -Complete Streets Policy back to the Engineering Committee for review. Motion declared carried. Moved by W alsten, seconded by Robinson, to concur with Staff recommendation to authorize staff to extend the existing Collective Bargaining Agreement (CBA) between the City of Des Plaines and the Metropolitan Alliance of Police (MAP), Des Plaines Civilians Chapter #282, for six months to expire on June 30, 2011; and further recommend to adopt Resolution R-167- 11, A RESOLUTION AUTHORIZING A SIX MONTH EXTENSION TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE METROPOLITAN ALLIANCE OF POLICE, DES PLAINES CIVILIAN CHAPTER #282 AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Director of Finance Wisniewski reviewed her Memorandum of November 22, 2011 stating that the First Amendment to the Bond and Loan Agreement has been amended to include all of the refinancing amounts, and the outstanding amount of bonds of the First Amendment is $7,189,688.07 which includes the costs of issuance. Director of Finance Wisniewski answered questions from the Aldermen. Moved by Bogusz, seconded by Robinson, to adopt Ordinance M-65-11, ORDINANCE AUTHORIZING THE AMENDMENT OF THE BOND AND LOAN AGREEMENT AMONG THE CITY OF DES PLAINES, ILLINOIS, SCIENCE AND ARTS ACADEMY AND FIRST MIDWEST BANK RELATING TO THE ISSUER'S SCHOOL FACILITY REVENUE BONDS (SCIENCE AND ARTS ACADEMY PROJECT), SERIES 2006; AND RELATED MATTERS in the amount of $7,189,688.07. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. ORDINANCE Z-36-11 COND. USE/ 855 RAND RD.: Consent Agenda WARRANT REGISTER: SIGN VARIATION/ 1501-1585 SOUTH RIVER RD.: Page 4 of 7 12/19/11 Moved by W alsten, seconded by Robinson, to concur with Staff recommendation to adopt Ordinance Z-36-11, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-6 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW THE OPERATION OF A MOTOR VEHICLE SALES BUSINESS WITH ACCESSORY MOTOR VEHICLE REPAIR AND AUTO BODY REPAIR AT 855 EAST RAND ROAD, DES PLAINES, ILLINOIS (CASE #11-058-CU), AS AMENDED. Motion declared carried as approved unanimously under Consent Agenda. MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Bogusz, Chair Moved by W alsten, seconded by Sayad, to recommend to the City Council approval of the December 19, 2011 -Warrant Register, in the total amount of $3,133,885.03; and further recommend that Resolution R-164-11 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Haugeberg, Chair Senior Planner Mangum reviewed his Memorandum of November 30, 2011 regarding an Amendment to Localized Alternative Sign Regulation Plan for O'Hare Honda Group, 1501-1585 South Des Plaines River Road, Case #11- 064-LSA and answered questions from the Aldermen. Petitioner must meet the following conditions: 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. Prior to issuance of the sign permit, the existing pole sign along the Oakton Street frontage shall be removed. 6. Prior to issuance of the sign permit, landscaping shall be installed at the base of the two existing pole signs along the Des Plaines River Road frontage. The landscaping shall consist of a square, rectangle, oval or circle, whose area shall be 3 feet in width on each side of the sign's base. ~~~ 1501-1585 SOUTH RIVER RD.: (Cont'd) INTERLOCAL AGR./ MEALS ON WHEELS: INTERLOCAL AGR./ DES PLAINES SENIOR CENTER: HOME GENERATOR PROGRAM/ EXPIRATION DATE: Page 5 of 7 12/19/11 7. Prior to issuance of the sign permit, the Petitioner shall provide all applicable IDOT sign permits or acknowledgement that an IDOT permit is not required. 8. The leading edge of the sign shall be set back a minimum of 5' from the proposed property line, per IDOT Des Plaines River Road plans and/or IDOT Land Acquisition Packet. 9. The Petitioner agrees to distribute the Localized Alternative Sign Regulation Plan as part of the auto sales group's leasing documents and require conformance of all existing and future tenants to the Localized Alternative Sign Regulation Plan. 10. The sign shall conform to all lighting standards as per City Code. Moved by W alsten, seconded by Robinson, to recommend to the City Council approval to place on First Reading Ordinance Z-40-11 at appropriate time this evening. Motion declared carried. COMMUNITY SERVICES -Alderman Wilson, Chair Mr. Steve Samuelson, President and CEO of the Frisbie Senior Center, addressed the Committee of the Whole providing a status report on the Meals on Wheels program and answered questions from the Aldermen. Moved by W alsten, seconded by Bogusz, to recommend to the City Council continued support of the Meals on Wheels program by approval of the Interlocal Agreement and adopting Resolution R-165-11 at appropriate time this evening. Motion declared carried. Mr. Steve Samuelson, President and CEO of the Frisbie Senior Center, addressed the Committee of the Whole providing a status report on the Senior Center activities and answered questions from the Aldermen. Moved by Robinson, seconded by Sayad, to recommend to the City Council continued support of the Des Plaines Community Senior Center by approval of the Interlocal Agreement and adopting Resolution R-166-11 at appropriate time this evening. Motion declared carried. ENGINEERING -Alderman Sayad, Chair Acting City Manager Slowinski reviewed his Memorandum of December 9, 2011 regarding the Home Generator Assistance Program and answered questions from the Aldermen. The consensus of the Aldermen was to allow residents until June 30, 2012 to install a home generator due to a back up in installation appointments by contractors. Moved by Robinson, seconded by Charewicz, to recommend to the City Council to terminate the Home Generator Assistance Program on January 31, 2012 by adopting Resolution R-168-11 at appropriate time this evenmg. Motion declared carried. t ~~ WARRANT REGISTER: Resolution R-157-11 SIGN VARIATION/ 1501-1585 SOUTH RIVER RD.: Ordinance Z-40-11 INTERLOCAL AGR./ MEALS ON WHEELS: Resolution R-165-11 INTERLOCAL AGR./ DES PLAINES Page 6 of 7 12/19/11 MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Bogusz, seconded by Sayad, to concur with recommendation of Committee of the Whole to adopt Resolution R-164-11, 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: $3,133,885.03. 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 Haugeberg, seconded by Sayad, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-40-11, AN ORDINANCE GRANTING AN AMENDMENT TO AN APPROVED LOCALIZED ALTERNATIVE SIGN REGULATION PLAN/CONDITIONAL USE PERMIT TO ALLOW A NEW POLE SIGN WITH AN ELECTRONIC MESSAGE BOARD IN ACCORDANCE WITH SECTION 11.8 OF THE ZONING CODE AT 1501-1585 S. DES PLAINES RIVER ROAD, DES PLAINES, ILLINOIS (CASE #11-064-LSA). Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Wilson, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to adopt Resolution R-165-11, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE DES PLAINES COMMUNITY SENIOR CENTER FOR THE PROVISION OF FUNDING FOR ADMINISTERING THE MEALS ON WHEELS PROGRAM. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Wilson, seconded by Robinson, to concur with recommendation of Committee of the Whole to adopt Resolution R-166-11, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEM~~! Page 7 of 7 12/19/11 SENIOR CENTER: BETWEEN THE CITY OF DES PLAINES, THE DES PLAINES PARK DISTRICT AND THE DES PLAINES COMMUNITY SENIOR CENTER Resolution R-166-11 HOME GENERATOR PROGRAM/ EXPIRATION DATE: Resolution R-168-11 EXECUTIVE SESSION: FOR THE PROVISION OF FUNDING FOR SERVICES. Upon roll call, the vote was: AYES: NAYS: ABSENT: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz 0-None 0-None Motion declared carried. Moved by Sayad, seconded by Charewicz, to concur with recommendation of Committee of the Whole to adopt Resolution R-168-11, A RESOLUTION TERMINATING THE HOME GENERATOR REIMBURSEMENT PROGRAM IN THE CITY OF DES PLAINES. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Haugeberg, seconded by Robinson, to go into Executive Session to discuss Sale, Lease, or Acquisition of Real Property and Personnel. Motion passed unanimously. There were no objections. The City Council recessed at 7:55 p.m. The City Council reconvened at 8:35 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, and Charewicz. Moved by Brookman, seconded by Walsten, that the City allocate $15,000.00 for a parking study to develop and operate a surface parking lot on the 5 acres occupied by Ace Rent a Car. Aldermen Haugeberg, Robinson, Bogusz, Sayad, Wilson and Charewicz voted no. Motion declared FAILED. ADJOURNMENT: Moved by Bogusz, seconded by Haugeberg, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:37 p.m. APPROVED BY ME THIS I/ "ft;_