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07/02/2012MINUTES 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, JULY 2, 2012 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Moylan at 7:04 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, July 2, 2012. ROLL CALL: Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Acting Police Chief Kozak, Fire Chief Wax, Director of Public Works & Engineering Oakley, Assistant Director of Public Works & Engineering Duddles, Civil Engineer Peebles, Director of Information Technology Duebner, Director of Human Resources Earl, Senior Planner Mangum, Building & Property Inspections Supervisor Ehrke, and City Attorney Wiltse. PRAYER AND The opening prayer was given by the Reverend Tim PLEDGE: Roames of the Good News Christian Center, followed by the Pledge of Allegiance to the Flag. CITIZEN PARTICIP Mr. Luis Rivas, Letter Carrier for the U.S. Postal Service, addressed the City Council stating that House Bill 2309 is devastating; it eliminates a day of mail delivery, would affect businesses, checks, medications, etc.; he asked that residents contact their Legislators to oppose the Bill. CONSENT Moved by Sayad, seconded by Haugeberg, to establish a AGENDA: Consent Agenda except for Items 3, 3a and 4. Motion declared carried. Moved by Haugeberg, seconded by Sayad, to approve the Consent Agenda. 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. Staff recommendations and requests were approved; Ordinance M -24 -12 was adopted. 7/02/12 MINUTES: Moved by Haugeberg, seconded by Sayad, to approve Consent minutes of the regular meeting of the City Council Agenda held June 18, 2012. Motion declared carried as approved unanimously under Consent Agenda. LIQ. LIC./ 2179 E. TOUHY• Consent Agenda Ordinance M -18 -12 Moved by Haugeberg, seconded by Sayad, to concur with Staff recommendation to approve Change of Ownership for Class A - Tavern Liquors Dealers License for property located at 2179 East Touhy Avenue, MAC & B Restaurants, Inc. d /b /a Tiffany's Restaurant. Motion declared carried as approved unanimously under Consent Agenda. AGREEMENT/ Moved by Bogusz, seconded by Walsten, to concur with WOW FOR WAN Staff recommendation to authorize City Manager to SERVICES: execute all documents related to the Agreement between WideOpenWest Illinois, LLC for Wide Area Resolution Network (WAN) services in an amount not to exceed R -93 -12 $1,455 per month for a period of sixty months; and further recommend to adopt Resolution R- 93 -12, A RESOLUTION AUTHORIZING THE EXECUTION OF A FIVE YEAR AGREEMENT BETWEEN WIDEOPENWEST ILLINOIS.LLC AND THE CITY OF DES PLAINES FOR WIDE AREA NETWORK SERVICES. Moved by Sayad, seconded by SUBSTITUTE motion to authori execute all documents relat between WideOpenWest Illinois, Network (WAN) services in an $1,455 per month for a period o f Brookman, to adopt a ze City Manager to ed to the Agreement LLC for Wide Area amount not to exceed thirty -six months. After further discussion, Alderman Sayad withdrew his substitute motion and Alderman Brookman withdrew his second to the motion. Moved by Brookman, seconded by Sayad, to refer back to Staff the Agreement with WideOpen West Illinois, LLC for Wide Area Network (WAN) services in an amount not to exceed $1,455 per month for a period of sixty months and Resolution R- 93 -12. Motion declared FAILED. Aldermen Sayad, Brookman and Wilson voted aye. Aldermen Haugeberg, Robinson, Bogusz, Walsten and Charewicz voted no. Upon roll call on the original motion, the vote was: AYES: 5- Haugeberg, Robinson, Bogusz, Walsten, Charewicz NAYS: 3- Sayad, Brookman, Wilson ABSENT: 0 -None Motion declared carried. 7/02/12 PAGE THREE ADVERTISE FOR BID /WATER PIPING REPLACEMENT: APPOINTMENT: Consent Agenda ORDINANCE M- 24 -12/ PREVAILING WAGE ACT - roll call on the original motion, the vote was: AYES: 5- Haugeberg, Bogusz, Brookman, Wilson, Charewicz NAYS: 3- Robinson, Sayad, Walsten ABSENT: 0 -None Motion declared carried. Moved by Charewicz, seconded by Bogusz, to concur with Staff recommendation that City Clerk be authorized to' reject all bids and authorize City Clerk to rebid City Hall Water Piping Replacement, returnable by 3:00 p.m., Friday, July 27, 2012. Upon Moved by Haugeberg, seconded by Sayad, to approve the following Mayoral appointment: LIBRARY BOARD OF TRUSTEES Alma Perez, term to expire June 30, 2015 Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Sayad, to adopt Ordinance M- 24 -12, AN ORDINANCE PURSUANT TO 820 ILCS 130/1, ET SEQ., AS AMENDED, PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND PREVAILING WAGE RATES. 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 WARRANT Moved by Haugeberg, seconded by Robinson to REGISTER: recommend to the City Council approval of the July 2, 2012 - Warrant Register, in the total amount of $3,002,890.17; and further recommend that Resolution R -87 -12 be adopted at appropriate time this evening. Motion declared carried. N' PAGE FOUR 7/02/12 COMMUNITY DEVELOPMENT - Alderman Haugeberg, Chair PARKING PAD/ 436 N . STATE: PARKING PAD/ 1093 SEYMOUR: TEXT AMENDMENT/ TRADE CONTRACTORS AS COND. USE: Inspection Supervisor E. Butch Ehrke reviewed his memo of June 12, 2012, regarding the authorization of a 22' x 22' parking pad located in the rear yard of 436 State Street; this will allow the homeowner the ability to park two cars side by side off the alley; due to limited restrictions of allowed parking on State Street, this will provide continued off street parking of vehicles and will alleviate the probable vehicular obstructions on the street. Moved by Walsten, seconded by Charewicz to concur with Staff recommendation and recommend to the City Council, re Case 12- 029 -PP, to approve Conditional Use to authorize a Parking Pad located in the rear yard of 436 State Street; and further recommend that Ordinance M -21 -12 be placed on First Reading. Motion declared carried. Inspection Supervisor E. Butch Ehrke reviewed his memo of June 11, 2012, regarding the authorization of a 17' x 29' parking pad located in the front yard of 1093 Seymour Street; the petitioner desires to eliminate their below grade attached garage and seal it off from the exterior exposure by installing a continuation of the foundation wall and backfilling the depression for an above grade driveway surface. Moved by Charewicz, seconded by Sayad to concur with Staff recommendation and recommend to the City Council, re Case 12- 035 -PP, to approve Conditional Use to authorize a Parking Pad located in the front yard of 1093 Seymour Street; and further recommend that Ordinance M -25 -12 be placed on First Reading. Motion declared carried. Senior Planner Mangum reviewed his memo of June 12, 2012, regarding a Text Amendment to the Zoning Ordinance, amending Table 7.3.1, Commercial Districts Use Matrix, to allow for Trade Contractors as a Conditional Use in the C -3, General Commercial District; Plan Commission voted (2 -1) to recommend approval; Staff recommends denial. Alderman Brookman stated that he would rather have the petitioner request a Zoning change on the property; PAGE FIVE 7/02/12 TEXT AMENDMENT Mr. Michael Van Slambrouck, 286 Stratford Road, (Cont'd.) addressed the Committee of the Whole, stating that their original request was for a Zoning change to M- 2; the building is 7,500 s.f. and 2,500 s.f. is vacant; this is an industrial area and he has had other trade contractors interested in this space over the years; a Conditional Use gives the City ultimate control over all future uses of the property. Moved by Charewicz, s econded by Walsten, to concur with Staff recommendation and recommend to the City Council, Case 12- 031 -TA, to amend Table 7.3.1, Commercial Districts Use Matrix, to allow for Trade Contractors as a Conditional Use in the C -3, General Commercial District; and further recommend that Ordinance Z -21 -12 be placed on First Reading. Moved by Brookman, seconded by Wilson, to recommend to the City Council that the Text Amendment regarding Trade Contractors as a Conditional Use be referred back to Staff. Motion declared FAILED. Aldermen Brookman and Wilson voted aye. Motion declared carried on the original motion. Alderman Brookman voted no. ENGINEERING - Alderman Sayad , Chair PRESENTATION/ Director of Public Works and Engineering Oakley TIF #1 introduced Daniel Grove of the Lakota Group who DOWNTOWN presented the improvements to the TIF #1 Downtown STREETSCAPE: Streetscape which include streets, sidewalks, lighting, landscaping and related infrastructure. Ms. Marion Vinci, 650 S. River Road, addressed the Committee of the Whole stating that the streets and walkways are pretty, but the businesses along Miner Street are hindering us; the stores are not pretty nor are they the type of businesses we need. Mr. Al Brown, 675 Pearson Street, addressed the Committee of the Whole stating that the City hasn't communicated their plans; this presentation should have been downloaded to the website; he has had no contact from the City regarding this issue. Ms. Sue Klatt, 650 S. River Road, addressed the Committee of the Whole stating that Northwest Highway is a highway; the City's hands are tied because of River Road and Northwest Highway. 1��) 7/02/12 PAGE SIX PRESENTATION Moved by Walsten, seconded by Brookman to recommend (Cont'd.) to the City Council to POSTPONE the Master Plan for TIF #1 Downtown Streetscape until a Director of Community & Economic Development is hired and a Master Plan for the entire downtown area is established. Motion declared FAILED. Aldermen Brookman & Walsten voted aye. Aldermen Haugeberg, Robinson, Bogusz, Sayad, Wilson & Charewicz voted no. Moved by Haugeberg, seconded by Sayad to concur with Staff recommendation and recommend to the City Council approval of the Master Plan for TIF #1 Downtown Streetscape. Moved by Brookman, seconded by Walsten to adopt a SUBSTITUTE motion, to TABLE the decision on the Master Plan for TIF #1 Downtown Streetscape and Staff be directed to provide additional financial information regarding the project. Motion declared FAILED. Aldermen Brookman and Walsten voted aye. Aldermen Haugeberg, Robinson, Bogusz, Sayad, Wilson and Charewicz voted no. Motion declared carried on the original motion Aldermen Haugeberg, Robinson, Bogusz, Sayad, Wilson and Charewicz voted aye. Aldermen Brookman and Walsten voted no. ADVERTISE FOR Director of Public Works and Engineering Oakley BID /TIF #1 reviewed the memo of June 20, 2012, regarding the DOWNTOWN plans and specification for Phase I of the TIF #1 STREETSCAPE Downtown Streetscape project; the limits for Phase I PHASE 1 : are Miner Street from Graceland Avenue to Pearson Street and Lee Street from the north alley to Miner Street; Staff is recommending that the Phase I project be advertised for bid. Mayor Moylan stated that he is against using paver bricks in the downtown area; the City has approximately three lawsuits currently due to paver bricks; there is waviness and settling with them. Moved by Haugeberg, seconded by Robinson to concur with Staff recommendation and recommend to the City Council, that Phase I of the TIF #1 Downtown Streetscape project be advertised for bid and an optional bid be added to reflect the costs for stamped concrete instead of paver bricks. Motion declared carried. Aldermen Haugeberg, Robinson, Bogusz, Sayad, Wilson and Charewicz voted a Aldermen Brookman and Walsten voted no. PAGE SEVEN 7/02/12 PACE BUS Director of Public Works and Engineering Oakley SHELTER reviewed the memo of June 20, 2012, regarding the RELOCATION: relocation of the PACE Bus Shelter from between the entrance to Metropolitan Square and Lee Street along the north side of Miner Street to just east of Pearson Street along the north side of Miner Street. Mr. Mike Nichols, 650 S. River Road, addressed the Committee of the Whole stating that he is a 50 year resident of Des Plaines and Vice President of his condo association; the building he lives in was created as a prime Des Plaines real estate property; please use common sense and deny moving the bus shelter. Ms. Linda Wolf, 675 Pearson Street, addressed the Committee of the Whole stating that the aesthetics are not great where the bus shelter is now located; riders will now have to walk a block to get to their destination. Mr. Al Brown, 675 Pearson Street, addressed the Committee of the Whole stating that his biggest concern is there is no legitimate reason to move the bus shelter; residents will still cut across the street; there have been no notices on the current shelter nor on the busses; this is a waste of his money. Ms. Mary Lou Cacioppo, 675 Pearson Street, addressed the Committee of the Whole stating that this will prevent the residents of the condo from opening their windows; busses run from 6AM -1AM; there is a pollution issue; we can't keep the shelter clean now, how will it be kept clean when it's moved. Rev. Merritt Berg, 650 S. River Road, addressed the Committee of the Whole stating that there are 156 taxpaying units in his building; $576 of his tax dollars go to the City; think long and hard before making a decision on this issue. Mr. Steve Andrews, PACE Bus, addressed the Committee of the Whole and answered questions from the Aldermen. Moved by Sayad, secon by Brookman, to POSTPONE the discussion regarding the relocation of the PACE Bus Shelter until the City Council Meeting of July 16, 2012. Motion declared carried. PAGE EIGHT 7/02/12 MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. RECESS: Moved by Sayad, seconded by Brookman, to call for a five (5) minutes recess. The Committee of the Whole recessed at 10:00 p.m. The Committee of the Whole reconvened at 10:09 p.m. ORDINANCE City Attorney Wiltse reviewed his memo of June 21, Z- 14 -12/ 2012, regarding the request for an Extension of the COND. USE/ Conditional Use Permit for Fountain Blue, 2300 2300 MANNHEIM: Mannheim Road; and the adoption of Ordinance Z- 14 -12. Alderman Brookman stated that the City should enforce a sound standard; adopt an ordinance; retain a sound consultant to advise the Aldermen on this issue; noise levels are subjective. Alderman Bogusz stated that no tickets have been issued; no law has been broken; this is a very difficult decision for the Aldermen; give the petitioner a year with some restrictions. Moved by Walsten, seconded by Hau eber , to direct Staff to provide more information regarding the State Standard and guidelines for noise, quotes for a sound consultant, rental of a sound device; Aldermen to contact petitioner for any further information needed or site visits and petitioner to provide a listing of events. Moved by Wilson, seconded by Brookman to suspend the rules to allow public input. Motion declared carried. Mr. William Dillon, 2251 Pine Street, addressed the City Council stating that the petitioner stated that the noise issue was fixed; the sound is coming from the DJ, the sound system and the crowd; the sound is affecting the residents; an acoustic consultant needs to be hired as a neutral party; self - monitoring has not worked. Mr. E. Angelo Spyratos, Momkus, McCluskey, LLC, Attorney for the Petitioner, addressed the City Council stating that he hopes that the city adopts the State Standard for noise and answered questions from the Aldermen. 14 PAGE NINE 2300 MANNHEIM (Copt' d. ) 7/02/12 Mr. Brian Homans, Shiner & Associates, Inc., Acoustic Engineers, addressed the City Council at the Petitioner's request and explained the State Standard for noise; noise must be measured over an hour without ambient noise. Ms. Nancy Larsen, 885 Hoffman Parkway, addressed the City Council stating that we need to have someone take measurements of the noise; she moved to the suburbs to get away from these noises, week after week, night after night. Mr. Tom Diamond, Fountain Blue, Petitioner, addressed the City Council stating that one individual is driving the discussion; he can bring contracts for all the events that have been in the tent over the last few months; he has corrected the issues. Motion declared carried on the original motion. RESOLUTION Moved by Haugeberg, seconded by Sayad to remove from R- 73 -12/ the TABLE, the Proposal Award regarding Elevator PROPOSAL Inspection Services and Resolution R- 73 -12. Motion AWARD/ declared carried. ELEVATOR INSPECTION Moved by Haugeberg, seconded by Walsten to reject SERVICES: the low proposal, Thompsen Elevator Inspection Service, Inc. for the Proposal Award for Elevator Inspection Services due to complaints of customer service issues. 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. City Attorney Wiltse noted that the corporation with the second low proposal had been dissolved by the Illinois Secretary of State. Moved by Haugeberg, seconded by Walsten to award the contract for Elevator Inspection Services to the company with the third lowest qualified proposal to, Elevator Inspection Services Company, Inc. at unit prices for inspection services at an estimated annual cost of $19,011; and adopt, AS AMENDED Resolution R- 73-12, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN ELEVATOR INSPECTION SERVICES COMPANY, INC. AND THE CITY OF DES PLAINES FOR MECHANICAL AND ELECTRICAL INSPECTION SERVICES OF ALL ELEVATORS THROUGHOUT THE CITY OF DES PLAINES. q� ELEVATOR (Cont' d. ) WARRANT 1QV TQMWU Resolution R -87 -12 PARKING PAD/ 436 N. STATE: Ordinance M -21 -12 PAGE TEN 7/02/12 Moved by Wilson, seconded by Charewicz to suspend the rules to permit public input. Motion declared carried. Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council stating that both Thompson Elevator and Elevator Inspection Services are competent inspection companies. 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 Bogusz, seconded by Hau eber , to concur with recommendation of Committee of the Whole to adopt Resolution R- 87 -12, 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: $3,002,890.17. 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 Hau eber , seconded by Robinson to concur with recommendation of Committee of the Whole, re Case 12- 29 -PP, to approve Conditional Use to authorize a Parking Pad located in the rear yard of 435 State Street; and further recommend to place on First Reading Ordinance M- 21 -12, AN ORDINANCE GRANTING A CONDITIONAL USE TO AUTHORIZE A PARKING PAD LOCATED IN THE REAR YARD OF THE PROPERTY LOCATED AT 436 STATE STREET, DES PLAINES, ILLINOIS. (CASE #12- 029-PP). 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. PAGE ELEVEN PARKING PAD/ 1093 SEYMOUR: Ordinance M -25 -12 TEXT AMENDMENT/ TRADE CONTRACTORS AS COND. USE: Ordinance Z -21 -12 TIF #1 DOWNTOWN STREETSCAPE: 7/02/12 Moved by Haugeberg, seconded by Bogusz to concur with recommendation of Committee of the Whole, re Case 12- 035 -PP, to approve Conditional Use to authorize a Parking Pad located in the front yard of 1093 Seymour Street; and further recommend to place on First Reading Ordinance M- 25 -12, AN ORDINANCE GRANTING A CONDITIONAL USE TO AUTHORIZE A PARKING PAD LOCATED IN THE FRONT YARD OF THE PROPERTY LOCATED AT 1093 SEYMOUR AVENUE, DES PLAINES, ILLINOIS. (CASE #12- 035 -PP). 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 Robinson, to POSTPONE until the City Council meeting of July 21, 2012, re Zoning Case 12- 031 -TA, to amend Table 7.3.1, Commercial Districts Use Matrix, to allow for Trade Contractors as a Conditional Use in the C -3, General Commercial District; and Ordinance Z- 21 -12. Motion declared carried. Moved by Sayad, seconded by Haugeber to recommend to concur with recommendation of Committee of the Whole to approve the Master Plan for TIF #1 Downtown Streetscape. Motion declared carried. Aldermen Haugeberg, Robinson, Bogusz, Sayad, Wilson and Charewicz voted aye. Aldermen Brookman and Walsten voted no. ADVERTISE FOR Moved by Sayad, seconded by Robinson to concur with BID /TIF #1 recommendation of Committee of the Whole, that Phase DOWNTOWN I of the TIF #1 Downtown Streetscape project be STREETSCAPE advertised for bid and an optional bid be added to PHASE 1: reflect the costs for stamped concrete instead of paver bricks. 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. PACE BUS Moved by Sayad, seconded by Brookman to concur with SHELTER recommendation of Committee of the Whole, to POSTPONE RELOCATION: the discussion regarding the relocation of the PACE Bus Shelter until the City Council Meeting of July 16, 2012. Motion declared carried. PAGE TWELVE 7/02/12 ADJOURNMENT: Moved by Haugeberg, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjou ed a 11:31 p.m. Nancy Pete - DEPUTY CITY CLERK APPROVED BY ME THIS DAY OF �[�1L�,,i 2012 MartW Moy�n, MAYOR