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06/16/20147/7/14 Amended — Page 8 re Motion to Table Referendum Question — Correct names for motion and second (in italics) 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, JUNE 16, 2014 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by Mayor Bogusz at 6:04 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, June 16, 2014. ROIL CALL: Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad, Walsten, Sojka and Charewicz. Aldermen Haugeberg and Brookman were absent. Also present were: City Manager Bartholomew, Director of Community & Economic Development Sakas, Senior Planner Mangum, Director of Finance Wisniewski, Fire Chief Wax, Police Chief Kushner, Director of Public Works and Engineering Oakley, Civil Engineer Peebles, Superintendent — Utility Services Watkins and General Counsel Friedman. EXECUTIVE Moved by Robinson, seconded by Sayad, to go into Executive Session to SESSION: discuss Pending Litigation and Personnel. Upon roll call, the vote was: AYES: 6 -Robinson, Rodd, Sayad, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 2-Haugeberg, Brookman Motion declared carried. 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: Robinson, Rodd, Sayad, Walsten, Sojka and Charewicz. Aldermen Haugeberg and Brookman were absent. PRAYER AND The opening prayer was given by Arman Rachman of the Baha'i' Temple of PLEDGE: Des Plaines, followed by the Pledge of Allegiance. PRESENTATIONS: Des Plaines Arts Council President Linda Traina and Board Member Christy Piszkiewicz addressed the City Council expressing their appreciation for the support and contributions made by the City of Des Plaines and its residents. A scholarship was presented to 11 winners of 2014 Arts Council Scholarships. Police Chief Kushner presented a Life Saving Award to Officer Curtis Miller for saving the life of a resident who was unresponsive. Officer Miller began using CPR until the Des Plaines Fire Department arrived and took over life saving measures. Mayor Bogusz swore in Robert Dvorak who was promoted from Police Officer 4 Page 2 of 9 6/16/14 to Sergeant. CITIZEN PART.: Mr. David Grunin of World CNG Chicago, addressed the City Council stating that his business is new and appreciates locating it in Des Plaines. Mayor Bogusz read the line-up of entertainment for the Summer Fling family event scheduled for June 27 and 28 in downtown Des Plaines. CONSENT Alderman Rodd requested that Item 9 be removed from Consent Agenda. AGENDA: Motion by Walsten, seconded by Robinson, to establish the Consent Agenda except for Item 9. Motion declared carried. Motion by Robinson, seconded by Charewicz, to approve Consent Agenda. Upon roll call, the vote was: AYES: 6 -Robinson, Rodd, Sayad, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 2-Haugeberg, Brookman Motion declared carried. Staff recommendations and requests were approved; Ordinances M-21-14, M-22- 14, M-23-14 and M-24-14 were placed on First Reading; Resolutions R-122-14 and R-124-14 were adopted; Ordinances M-18-14 and M-19-14 were adopted. APPROVE NEW Moved by Robinson, seconded by Charewicz, to concur with Staff CLASS H-1 LIO. recommendation to approve an application for a Class H-1 Restaurant (Beer and LIC./ 1225 EAST Wine Only) Dealers License for Louie's Crab House LLC, 1225 East Forest FOREST AVE.: Avenue; and further recommend to place on First Reading Ordinance M-21-14, Consent AN ORDINANCE AMENDING SECTION 1, "FEE SCHEDULE," OF Agenda CHAPTER 18, "SCHEDULE OF FEES," OF TITLE 4, "BUSINESS REGULATIONS," OF THE CITY CODE TO ADD ONE CLASS H-1 Ordinance LIQUOR LICENSE. Motion declared carried as approved unanimously under M-21-14 Consent Agenda. APPROVE NEW Moved by Robinson, seconded by Charewicz, to concur with Staff CLASS A LIO. recommendation to approve an application for a Class A Tavern (under 250 LIC./ 2179 EAST people) Liquor License for Karies Enterprises, Inc., d/b/a Tiffany's Restaurant, TOUHY AVE.: 2179 East Touhy Avenue; and further recommend to place on First Reading Consent Ordinance M-22-14, AN ORDINANCE AMENDING SECTION 1, "FEE Agenda SCHEDULE," OF CHAPTER 18, "SCHEDULE OF FEES," OF TITLE 4, "BUSINESS REGULATIONS," OF THE CITY CODE TO ADD ONE CLASS Ordinance A LIQUOR LICENSE. Motion declared carried as approved unanimously M-22-14 under Consent Agenda. APPROVE NEW Moved by Robinson, seconded by Charewicz, to concur with Staff CLASS B-1 LIO. recommendation to approve an application for a Class B-1 Liquor License for LIC./ 1128 LEE Supermercado Soto Inc., 1128 Lee Street; and further recommend to place on ST.: First Reading Ordinance M-23-14, AN ORDINANCE AMENDING SECTION Page 3 of 9 6/16/14 Consent 1, "FEE SCHEDULE," OF CHAPTER 18, "SCHEDULE OF FEES," OF Agenda TITLE 4, `BUSINESS REGULATIONS," OF THE CITY CODE TO ADD ONE CLASS B-1 LIQUOR LICENSE. Motion declared carried as approved Ordinance unanimously under Consent Agenda. M-23-14 PREVAILING Moved by Robinson, seconded by Charewicz, to concur with Staff WAGE: recommendation to approve an ordinance establishing the Prevailing Wage for Consent laborers, mechanics, and other workers who are employed in the performance Agenda of public works projects within the City; and further recommend to place on First Reading Ordinance M-24-14, AN ORDINANCE ASCERTAINING THE Ordinance PREVAILING RATE OF WAGES IN COOK COUNTY FOR CITY PUBLIC M-24-14 WORKS PROJECTS. Motion declared carried as approved unanimously under Consent Agenda. APPROVE 2013 Moved by Robinson, seconded by Charewicz, to concur with Staff CIP PROGRAM, recommendation to approve a proposal from Gewalt Hamilton Associates, Inc., CONTRACT B, 850 Forest Edge Drive, Vernon Hills, Illinois 60061, for the additional amount UTILITY not -to -exceed $44,100.00 (Capital Projects Fund); and further recommend to IMPROV'S: adopt Resolution R-126-14, Resolution R-126-14, A RESOLUTION Consent APPROVING A TASK CHANGE ORDER TO TASK ORDER NO. 1 BY Agenda AND BETWEEN THE CITY AND GEWALT HAMILTON ASSOCIATES, INC. Motion declared carried as approved unanimously under Consent Resolution Agenda. R-126-14 APPROVE 2014 Moved by Robinson, seconded by Charewicz, to concur with Staff CIP CONSTR. recommendation to accept a proposal from SPACECO, Inc., 9575 West Higgins ENG. SVCS./ Road, Suite 700, Rosemont, Illinois 60018 for an amount not -to -exceed TASK ORDER $42,000.00 (Capital Projects Fund); and further recommend to adopt Resolution NO. 2: R-122-14, A RESOLUTION APPROVING TASK CHANGE ORDER NO. 2 Consent WITH SPACECO, INC. FOR ENGINEERING SERVICES. Motion declared Agenda carried as approved unanimously under Consent Agenda. Resolution R-122-14 APPROVE Moved by Robinson, seconded by Charewicz, to concur with Staff AMENDMENT recommendation to approve Amendment No. 1 with RJN Group, 200 West NO. 1/ DESIGN Front Street, Wheaton, Illinois 60187 in the amount of $18,693.00 (Capital ENG. SVCS. Projects Funds, Professional Services); and further recommend to adopt ALGONOUIN RD.: Resolution R-124-14, A RESOLUTION APPROVING A FIRST Consent AMENDMENT TO THE CONTRACT BY AND BETWEEN THE CITY Agenda AND RJN GROUP, INC., FOR ENGINEERING DESIGN SERVICES FOR THE ALGONQUIN ROAD DIVERSION SANITARY SEWER PROJECT. Resolution Motion declared carried as approved unanimously under Consent Agenda. R-124-14 ADVERTISE BID/ Moved by Robinson, seconded by Charewicz, to concur with Staff 4f— Page 4 of 9 6/16/14 TIF #1 recommendation to authorize the City Clerk to advertise for bid the TIF #1 DOWNTOWN Downtown Streetscape — Phase II Project on July 2, 2014 at 10:00 a.m. STREETSCAPE — (Budgeted Funds - TIF #1 Downtown). Motion declared carried as approved PHASE II: unanimously under Consent Agenda. Consent Agenda ADVERTISE BID/ Alderman Rodd requested that this Item be removed from Consent Agenda. 2014 CIP STREET IMPROV'S, Director of Public Works and Engineering Oakley answered questions from the CONTRACT E, Aldermen. STREET RESURFACING: Moved by Rodd, seconded by Robinson, to authorize the City Clerk to advertise Consent for bid the 2014 CIP Street Improvements — Contract E Project — Street Agenda Resurfacing (General Fund) on a date to be determined. Upon roll call, the vote was: AYES: 6 -Robinson, Rodd, Sayad, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 2-Haugeberg, Brookman Motion declared carried. ORDINANCE Moved by Robinson, seconded by Charewicz, to adopt ORDINANCE M-18-14, M-18-14 AN ORDINANCE AMENDING SECTION 1, "FEE SCHEDULE," OF NEW CLASS B CHAPTER 18, "SCHEDULE OF FEES," OF TITLE 4, "BUSINESS BULK SALES REGULATIONS," OF THE CITY CODE TO ADD ONE CLASS B LIQUOR LIO. LIC./ LICENSE. Motion declared carried as approved unanimously under Consent 1471 LEE ST.: Agenda. Consent Agenda ORDINANCE Moved by Robinson, seconded by Charewicz, to adopt Ordinance M-19-14, AN M-19-14 ORDINANCE AMENDING SECTION 1, "FEE SCHEDULE," OF CHAPTER APPROVE NEW 18 "SCHEDULE OF FEES," OF TITLE 4, "BUSINESS REGULATIONS," CLASS B-1 BULK OF THE CITY CODE TO ADD ONE CLASS B-1 LIQUOR LICENSE. SALES LIO. LIC./ Motion declared carried as approved unanimously under Consent Agenda. 727 WEST GOLF RD. Consent Agenda MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE Alderman Charewicz requested consensus to advance Item 4a. under Public Safety for discussion. There were no objections. (See Page 7 for discussion) FINANCE & ADMINISTRATION — Alderman Sayad, Chair WARRANT Alderman Sayad provided a list of invoices submitted by Holland & Kni t in Page 5 of 9 6/16/14 REGISTER: the total amount of $26,948.50 from the Warrant Register of June 16, 2014 and did not agree with paying these invoices. Alderman Sayad asked that the payment to Verizon Wireless be held until Thursday, June 19, 2014 in the amount of $21,714.21 pending his review of the charges. Moved by Rodd, seconded by Sojka, to recommend to the City Council approval of the June 16, 2014 — Warrant Register, in the total amount of $3,793,778.56; and further recommend that Resolution R-123-14 be adopted at appropriate time this evening. Motion declared carried. Alderman Sayad agreed with payment of the items on the Warrant Register of June 16, 2014, with the exception of the invoices from Holland & Knight listed below in the total amount of $26,948.50: Line 64 $ 4,584.00 Line 67 393.50 Line 68 928.00 Line 69 1,120.00 Line 70 18,500.00 Line 368 1,216.00 Line 538 207.00 Total $26,948.50 REFERENDUM — This item was deferred from the April 7, 2014 City Council Meeting. MUNICIPAL ELECTRIC Director of Public Works and Engineering Oakley reviewed his Memorandum AGGREGATION: of May 29, 2014 and answered questions from the Aldermen. Staff recommends that the City pursue a referendum to provide the authority to arrange for the supply of electricity for its residential and small commercial retail customers. General Counsel Friedman answered questions from the Aldermen and gave information regarding the process of placing the referendum question of Municipal Electric Aggregation on the ballot for November 4, 2014. Alderman Charewicz expressed his concern about residents voting on the question with little information. Alderman Sojka stated that she had many questions regarding Municipal Electric Aggregation. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole advised the Council to do their research regarding the choices between Com Ed and other providers. Following discussion, moved by Sayad to recommend to the City Council approval of Resolution R-125-14, A RESOLUTION INITIATING THE SUBMISSION OF A PUBLIC QUESTION TO AUTHORIZE THE CITY TO �0- Page 6 of 9 6/16/14 REFERENDUM — ADOPT AN "OPT -OUT" PROGRAM FOR THE SUPPLY OF MUNICIPAL ELECTRICITY TO RESIDENTIAL AND SMALL COMMERCIAL RETAIL ELECTRIC CUSTOMERS. Motion declared FAILED due to lack of a second. AGGREGATION: (Cont'd) Moved by Charewicz, seconded by Rodd, to TABLE this matter to the Council Meeting on July 21, 2014. Motion declared carried. Alderman Sayad did not agree. COMMUNITY DEVELOPMENT — Alderman Walsten, Chair COND. USE/ Senior Planner Mangum reviewed his Memorandum dated May 29, 2014 1451 RAND RD.: regarding a conditional use permit request by Petitioner Anna Jakubiec for a Driving School at 1451 Rand Road (Case #14 -018 -CU). At its May 27, 2014 meeting, the Zoning Board of Appeals recommended (7-0) that the City Council approve the Conditional Use Permit for the operation of a Commercial School in the C-3 zoning district, subject to a condition of approval, as recommended by staff. Senior Planner Mangum answered questions from the Aldermen. Moved by Charewicz, seconded by Sojka, to recommend to the City Council approval of Ordinance Z-15-14 at appropriate time this evening. Motion declared carried. PUBLIC WORKS — Alderman Sojka, Chair ALTERNATIVE At the March 17, 2014 City Council Meeting, the City Council directed staff to FUEL issue a Request for Proposal (RFP) for an Alternative Fuel Study. PROPOSALS: Director of Public Works and Engineering Oakley reviewed his Memorandum of May 30, 2014 which outlined the information provided by five responses to the RFP. Staff recommended authorization from the City Council to proceed to negotiate a contract with top ranked firm, Energetics, Inc. Alderman Sojka did not want to spend $1 Million or $2 Million if the City would not commit to converting vehicles to compressed natural gas, especially since this item was not in the 2014 Budget. Director of Public Works and Engineering Oakley answered questions from the Aldermen. Civil Engineer Peebles answered questions from the Aldermen. Mr. David Grunin of World CNG Chicago addressed the Committee of the Whole answering questions from the Aldermen. Mr. Tim Milburn, 506 Broadway, Park Ridge, of Greenway Energy addressed the Committee of the Whole talking about Illinois grants available, federal funding projects and conversion of vehicles; he recommended having a plan in place to apply for grants as soon as they become available. Moved by Rodd, seconded by Sayad, to explore options for alternative fuel within parameters of the RFP and direct Staff to keep this on the back burner Page 7 of 9 6/16/14 ALTERNATIVE until the Budget discussion and submit a proposal for an Alternative Fuel Study FUEL in the amount of $25,000.00 for the 2015 Budget. PROPOSALS: (Cont'd) Alderman Sayad requested that this matter be tabled to the next meeting when the two aldermen who are absent tonight would be in attendance. Moved by Walsten, seconded by Robinson, for a substitute motion not to waste time and money by being inactive and to go ahead with the proposal for alternative fuel to be prepared for further action down the road and approve the study by Energetics tonight. Aldermen Robinson, Walsten and Charewicz agreed. Aldermen Rodd, Sayad and Sojka did not agree. Motion declared FAILED. On the original motion to direct Staff to submit a proposal for an Alternative Fuel Study in the amount of $25,000.00 for the 2015 Budget, Aldermen Rodd, Sayad and Sojka agreed. Aldermen Robinson, Walsten and Charewicz did not agree. Motion declared FAILED. Moved by Charewicz, seconded by Robinson, to DEFER this matter to the City Council Meeting of July 7, 2014. Aldermen Robinson, Rodd, Walsten, Sojka and Charewicz agreed. Alderman Sayad did not agree. STREET Director of Public Works and Engineering Oakley reviewed his Memorandum SWEEPING of May 28, 2014 regarding the street sweeping program and the after effects of PROCEDURES: the weather conditions during the Winter of 2014 and answered questions from the Aldermen. Following discussion, it was the consensus of the Aldermen to work with Public Works and Engineering staff to resolve problems with pavement and street cleaning. PUBLIC SAFETY — Alderman Walsten, Vice Chair POLICE Police Chief Kushner reviewed his Memorandum of June 6, 2014 regarding DISPATCH SVCS. 911 /Dispatching Services for the City of Des Plaines and gave a Power Point RELOCATION: presentation. Mayor Bogusz, City Manager Bartholomew and Police Chief Kushner answered questions from the Aldermen. City Manager Bartholomew responded to comments made by Alderman Sayad and his concerns about moving the 911 call center to Wheeling. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole asking about upgrading our call center and if someone went out to solicit another community to join Des Plaines; is there language in the contract to monitor and ensure friendly lines of communication in the future. Moved by Charewicz, seconded by Robinson, to recommend to the City Council approval of an Intergovernmental Agreement with the Village of Wheeling for emergency dispatch services and adopt Resolution R-117-14. Page 8 of 9 6/16/14 Aldermen Robinson, Rodd, Walsten, Sojka and Charewicz. Alderman Sayad did not agree. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. NEW BUSINESS: WARRANT Moved by Savad_ seconded by Walsten, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R-123-14, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE Resolution FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE R-123-14 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,793,778.56. Upon roll call, the vote was: AYES: 6 -Robinson, Rodd, Sayad, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 2-Haugeberg, Brookman Motion declared carried. Alderman Sayad agreed with payment of the items on the Warrant Register of June 16, 2014, with the exception of the invoices from Holland & Knight listed below in the total amount of $26,948.50: Line 64 $ 4,584.00 Line 67 393.50 Line 68 928.00 Line 69 1,120.00 Line 70 18,500.00 Line 368 1,216.00 Line 538 207.00 Total $26,948.50 REFERENDUM — Moved by Sayad, seconded by Rodd, to concur with recommendation of MUNICIPAL Committee of the Whole to TABLE to July 21, 2014. Motion declared carried. ELECTRIC AGGREGATION• COND. USE/ Moved by Walsten, seconded by Sayad, to advance to Second Reading and 1451 RAND RD.: adopt Ordinance Z-15-14, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A DRIVING SCHOOL (COMMERCIAL SCHOOL) IN Ordinance THE C-3 ZONING DISTRICT AT 1451 RAND ROAD, DES PLAINES, Z-15-14 ILLINOIS (CASE #14 -018 -CU). Motion declared carried. ORDINANCE Moved by Walsten, seconded by Charewicz, to advance to Second Reading and Z-15-14 adopt Ordinance Z-15-14, AN ORDINANCE GRANTING A CONDITIONAL Page 9 of 9 6/16/14 COND. USE/ USE PERMIT FOR A DRIVING SCHOOL (COMMERCIAL SCHOOL) IN 1451 RAND RD.: THE C-3 ZONING DISTRICT AT 1451 RAND ROAD, DES PLAINES, ILLINOIS (CASE #14 -018 -CU). Upon roll call, the vote was: AYES: 6 -Robinson, Rodd, Sayad, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 2-Haugeberg, Brookman Motion declared carried. ALTERNATIVE Moved by Sojka, seconded by Rodd, to DEFER this matter to the City Council FUEL Meeting of July 7, 2014. Motion declared carried. PROPOSALS: POLICE Moved by Walsten, seconded by Charewicz, to adopt Resolution R-117-14, A DISPATCH SVCS. RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT RELOCATION: WITH THE VILLAGE OF WHEELING FOR EMERGENCY DISPATCH SERVICES. Upon roll call, the vote was: Resolution AYES: 5 -Robinson, Rodd, R-117-14 Walsten, Sojka, Charewicz NAYS: 1-Sayad ABSENT: 2-Haugeberg, Brookman Motion declared carried. ADJOURNMENT: Moved by Walsten, seconded by Charewicz, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:02 p.m. _,_,..1,4, " Gloria J. Ludwig —CITY CL RK APPROVED BY ME THIS 1 — DAY OF if k-1 .2014 Matthew J