09/21/2015CALL TO
ORDER:
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, SEPTEMBER 21, 2015
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Mayor Bogusz at 6:00 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, September 21, 2015.
ROLL CALL: Roll call indicated the following Aldermen physically present: Robinson, Rodd,
Sayad, Brookman, Smith and Charewicz. Alderman Chester was absent. A
quorum was present.
Also present were: City Manager Bartholomew, Assistant Director of Finance Bromber, Director of
Community and Economic Development Sakas, Economic Development Coordinator Pruss, Senior
Planner Mangum, Director of Public Works and Engineering Oakley, Fire Chief Wax, Police Chief
Kushner, and General Counsel Friedman.
ALLOW
ALDERMAN TO
PARTICIPATE BY
TELEPHONE
CONFERENCE:
EXECUTIVE
SESSION:
Mayor Bogusz announced that a quorum is physically present and that Alderman
Haugeberg wanted to attend this meeting by telephone conference due to a family
emergency. Pursuant to the Open Meetings Act, a majority of the City Council
may allow Alderman Haugeberg to attend this meeting by telephone conference.
Moved by Brookman and seconded to allow Alderman Haugeberg to attend this
meeting by telephone conference. Upon roll call, the vote was:
AYES: 6- Robinson, Rodd, Sayad,
Brookman, Smith, Charewicz
NAYS: 0 -None
ABSENT: 2-Haugeberg, Chester
Motion declared carried.
Moved by Brookman and seconded to go into Executive Session to discuss
Collective Bargaining, Personnel, Probable or Imminent Litigation, Pending
Litigation and Sale & Purchase of Property. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1 -Chester
Motion declared carried.
The City Council recessed at 6:02 p.m.
The City Council reconvened at 7:10 p.m.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Rodd, Sayad, Brookman, Smith and Charewicz. Alderman Chester was absent.
A quorum was present.
PRAYER AND
PLEDGE:
UNFINISHED
BUSINESS:
PUBLIC
HEARING:
PROPOSED
ZONING
ORDINANCE AND
SUBDIVISION
REGULATIONS
TO CREATE A
JOINT PLAN
COMMISSION
AND ZONING
BOARD OF
APPEALS
CITIZEN PART.:
Page 2 of 11 9/21/15
The opening prayer was given by Pastor Daryl York of the Brentwood Baptist
Church, followed by the Pledge of Allegiance to the Flag of the United States of
America.
Item 3a — Payment to McGuireWoods for Lobbying Services through July 31,
2015. Without objection, this item was moved forward on the agenda for
discussion.
Mayor Bogusz stated that McGuireWoods Consulting, LLC has withdrawn their
payment request for lobbying services for July, 2015.
Moved by Sayad and seconded to defer this item pending staff review of
representation and payment history and report back to the City Council.
Discussion was held. Moved by Smith and seconded to adopt a substitute motion
to remove Item 3a from Unfinished Business from the agenda and direct Staff to
investigate the representation and payment history of McGuireWoods
Consulting, LLC for lobbying services. Upon roll call, the vote was:
AYES: 5-Haugeberg, Rodd,
Brookman, Smith, Charewicz
NAYS: 2 -Robinson, Sayad
ABSENT: 1 -Chester
Motion declared carried.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER, MONDAY, SEPTEMBER 21, 2015
Mayor Bogusz called the Public Hearing to order at 7:24 p.m. The Public
Hearing was being held pursuant to legal notice regarding consideration of an
Ordinance amending the Des Plaines City Code, Zoning Ordinance and
Subdivision Regulations, to create a Joint Plan Commission and Zoning Board
of Appeals (PCZBA) Citywide.
Director of Community and Economic Development Sakas reviewed his
Memorandum dated September 10, 2015 and answered questions from the
Aldermen.
There were no comments or questions from the public.
The Public Hearing was adjourned at 7:27 p.m.
The City Council reconvened at 7:28 p.m.
Resident Brenda Murphy representing the Kiwanis Club addressed the City
Council announcing their annual "Peanut Day" fundraiser September 25 and 26.
Resident Sue Arndt addressed the City Council commenting on the appearance
of streets and sidewalks which are in need of repair.
Page 3 of 11 9/21/15
CITIZEN PART.: Resident Walter Underwood addressed the City Council commenting on the
(Cont'd) casino appealing its property tax.
Mr. Lance Moten addressed the City Council commenting that the casino is
behind on building hotels.
CITY CLERK City Clerk Ludwig thanked all those who supported the Maine Community Youth
ANNOUNCEMENTS: Assistance Foundation Community Heroes fundraiser as well as all those who
supported Fall Fest at Lake Park.
CONSENT
AGENDA:
Motion by Rodd and seconded to establish the Consent Agenda except for Item
2. Motion declared carried.
Motion by Rodd and seconded to approve the Consent Agenda. Upon roll call,
the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1 -Chester
Motion declared carried.
Minutes were approved; Staff recommendations and requests were approved;
Resolutions R-161-15, R-162-15, R-163-15, R-167-15 and R-168-15 were
adopted.
MINUTES: Moved by Rodd and seconded to approve Minutes of the Executive Session of
Consent the City Council held September 8, 2015. Motion declared carried as approved
Agenda unanimously under Consent Agenda.
MINUTES: Corrections to the Minutes of the Regular City Council Meeting of September 8,
2015 were as follows:
Page 7: Major Variation/1506-1518 Market Street — Change date from
September 21, 2015 to October 5, 2015.
Page 8: Warrant Register Total $5,668,830.05 less $2,100.00 Add: (Invoice from
McGuireWoods Consulting, LLC, Page 4, Line 51, Elected Office of the Warrant
Register)).
Page 9: Major Variation/1506-1518 Market Street Change date from
September 21, 2015 to October 5, 2015.
Moved by Brookman and seconded to approve Minutes of the Regular Meeting
of the City Council held September 8, 2015, as amended. Motion declared
carried.
AWARD BID/
PURCHASE
ROCK SALT:
Consent
Agenda
Resolution
R-161-15
APPROVE
EASEMENT
AGR./ NW
WATER COM.
CONVEYANCE
LINE/ CENTRAL
RD. PUMP STA.:
Consent
Agenda
Resolution
R-162-15
AWARD BID/
CONSTR. NW
WATER COM.
CONVEYANCE
LINE:
Consent
Agenda
Resolution
R-163-15
AWARD BID/
CONSTR. NW
WATER COM.
CONVEYANCE
LINE VALVES:
Consent
Agenda
Resolution
R-167-15
APPROVE
UTILITY
EASEMENT AND
STORMWATER
Page 4 of 11 9/21/15
Moved by Rodd and seconded to concur with Staff recommendation to award bid
for the purchase of Rock Salt through the State of Illinois CMS 2015-2016 Rock
Salt Procurement Contract PSD 4018146 at a Cost of $60.61 per ton payable to
Morton Salt, Inc., 123 N. Wacker Drive, Chicago, IL 60606 (Budgeted Funds —
MFT Funds/Commodities/Ice Control); and further recommend to adopt
Resolution R-161-15, A RESOLUTION AUTHORIZING THE
PROCUREMENT OF ROCK SALT FROM MORTON SALT, INC., OF
CHICAGO, ILLINOIS. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Rodd and seconded to concur with Staff recommendation to approve
Commonwealth Edison Easement Agreement in the amount of $359,000.00 for
purposes of constructing the Northwest Water Commission Water Conveyance
Line to the Central Road Pumping Station (Budgeted Funds — Water
Fund/Improvements); and further recommend to adopt Resolution R-162-15, A
RESOLUTION APPROVING AN EASEMENT AGREEMENT WITH THE
COMMONWEALTH EDISON COMPANY. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Rodd and seconded to concur with Staff recommendation to award bid
for the construction of the Northwest Water Commission Conveyance Line
contract to Berger Excavating Contractors, Inc., 1205 Garland Road, Wauconda,
IL in the amount of $3,046,440.00 (Budgeted Funds — Water
Fund/Improvements); and further recommend to adopt Resolution R-163-15, A
RESOLUTION APPROVING CONTRACT WITH BERGER EXCAVATING
CONTRACTORS, INC. FOR THE INSTALLATION OF A 24 -INCH WATER
MAIN AND RELATED WORK. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Rodd and seconded to concur with Staff recommendation to award bid
for the purchase of Northwest Water Commission Conveyance Line Valves in
the amount of $118,677.00 from HD Supply Waterworks, LLC, 220 South
Westgate Drive, Carol Stream, IL (Budgeted Funds — Water
Fund/Improvements); and further recommend to adopt Resolution R-167-15, A
RESOLUTION AUTHORIZING THE PURCHASE OF WATER MAIN
VALVES FROM HD SUPPLY WATERWORKS, LLC. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Rodd and seconded to concur with Staff recommendation to approve
execution of a Utility Easement and Stormwater Management Agreement for
City Stormwater Improvements at the O'Hare Lakes Office Plaza; and further
recommend to adopt Resolution R-168-15, A RESOLUTION AUTHORIZING
MNGMT. AGR./
O'HARE LAKES:
Consent
Agenda
Resolution
R-168-15
UNFINISHED
BUSINESS:
VARIATIONS/
751 GRACELAND
AVE.:
Page 5 of 11 9/21/15
THE EXECUTION OF A UTILITY EASEMENT AND STORMWATER
MANAGEMENT AGREEMENT FOR CITY STORMWATER
IMPROVEMENTS AT THE O'HARE LAKES OFFICE PLAZA. Motion
declared carried as approved unanimously under Consent Agenda.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
Item 2a. Second Reading — Ordinance M-18-15/Approve Revisions to
Responsible Bidder Ordinance.
Moved by Charewicz and seconded to defer this item to the Regular City Council
Meeting of November 2, 2015. Upon roll call, the vote was:
AYES: 3-Haugeberg, Brookman, Charewicz
NAYS: 4 -Robinson, Rodd, Sayad, Smith
ABSENT: 1 -Chester
Motion declared failed.
Without objection, the matter regarding 751 Graceland was brought forward from
the agenda for discussion.
COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair
Senior Planner Mangum reviewed his Memorandum dated August 26, 2015
regarding consideration of Zoning Variations for 751 Graceland Avenue (Zoning
Case #15-049-V, 2°d Ward) by Petitioner Eric Huffman for Over the Rainbow for
variations to the 1998 City of Des Plaines Zoning Ordinance, as amended to
construct a multi -family residential building in the R-4 Zoning District with the
following variations: (1) to Section 12-9-7 to allow 31 parking spaces, instead
of not less than 66; and (2) to Section 12-7-2-G.4 to allow 33 1 -bedroom dwelling
units on a lot of 22,044 square feet, instead of not less than 23,200 square feet.
At its August 25, 2015 meeting of the Zoning Board of Appeals recommended
(4-0) approval of Major Variations for lot area and number of parking spaces
subject to conditions of approval and Staff concurrence.
Mr. Eric Huffman, Executive Director for Over the Rainbow, addressed the
Committee of the Whole stating this will be a union project.
Resident June Muellner addressed the Committee of the Whole commenting on
property setbacks.
Resident Reyna Mason addressed the Committee of the Whole commenting on
the project, parking and referred to a petition signed by residents at 722 Graceland
Avenue opposing the project.
VARIATIONS/
751 GRACELAND
AVE.:
(Cont'd)
NEW BUSINESS:
VARIATIONS/
751 GRACELAND
AVE.:
Ordinance
Z-28-15
ORDINANCE
Z-28-15
Page 6 of 11 9/21/15
Mr. Brendan Saunders, Director of Organizing and Advocacy of Open
Communities addressed the Committee of the Whole giving an overview of his
organization and commenting on the project.
Resident Rosemary Argus, Executive Director of the Des Plaines Community
Foundation addressed the Committee of the Whole commenting on support
provided to the City of Des Plaines and community needs.
Mr. Rick Colpeck addressed the Committee of the Whole commenting on
providing resources for special needs.
Resident Anita Bortnowski addressed the Committee of the Whole commenting
on the increase in traffic and noise on Graceland Avenue; she suggested
considering other options.
Mr. Hugh Brady, Co -President representing North/Northwest Suburban Task
Force on Supportive Housing for Mental Illness addressed the Committee of the
Whole commenting on supportive housing for all sorts of people and encouraged
the City Council to vote yes.
Mr. Leo Kerwin, Chairman Emeritus of Over the Rainbow, addressed the
Committee of the Whole commenting on traffic at various buildings.
Mr. Huffman answered questions from Alderman Haugeberg regarding funding
and the materials used for the building.
Moved by Sayad and seconded to recommend to the City Council approval of
Ordinance Z-28-15. Motion declared carried. Alderman Brookman did not
agree.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
Moved by Charewicz and seconded to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-28-15, AN
ORDINANCE APPROVING MAJOR VARIATIONS FOR THE
CONSTRUCTION OF A MULTI -FAMILY RESIDENTIAL BUILDING AT
751 GRACELAND AVENUE, DES PLAINES, ILLINOIS (CASE #15-049-V).
Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Rodd, Sayad,
Smith, Charewicz
NAYS: 1 -Brookman
ABSENT: 1 -Chester
Motion declared carried.
Moved by Robinson and seconded to advance to Second Reading and adopt
Ordinance Z-28-15, AN ORDINANCE APPROVING MAJOR VARIATIONS
Page 7 of 11 9/21/15
VARIATIONS/ FOR THE CONSTRUCTION OF A MULTI -FAMILY RESIDENTIAL
751 GRACELAND BUILDING AT 751 GRACELAND AVENUE, DES PLAINES, ILLINOIS
AVE.: (CASE 15-049-V). Upon roll call, the vote was:
AYES: 6 -Robinson, Rodd, Sayad,
Smith, Charewicz, Bogusz
NAYS: 2-Haugeberg, Brookman
ABSENT: 1 -Chester
Motion declared carried.
UNFINISHED
BUSINESS:
Item 2a. Second Reading — Ordinance M-18-15/Approve Revisions to
Responsible Bidder Ordinance.
ORDINANCE There was no motion to adopt Ordinance M-18-15. General Counsel Friedman
M-18-15 advised the Council on how to proceed to approve or deny the ordinance.
REVISIONS TO
RESPONSIBLE Moved by Smith and seconded to deny approval of Ordinance M-18-15, AN
BIDDER ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 10,
ORDINANCE: "PURCHASING POLICIES AND GUIDELINES," SECTION 5, "FORMAL
CONTRACT PROCEDURES," OF THE CITY CODE BY ADDING
RESPONSIBLE BIDDER REQUIREMENT.
Moved by Brookman and seconded to adopt a substitute motion to approve
Ordinance M-18-15, AN ORDINANCE AMENDING TITLE 1,
"ADMINISTRATIVE," CHAPTER 10, "PURCHASING POLICIES AND
GUIDELINES," SECTION 5, "FORMAL CONTRACT PROCEDURES," OF
THE CITY CODE BY ADDING RESPONSIBLE BIDDER REQUIREMENT.
Discussion was held. Director of Public Works and Engineering Oakley
answered questions from Alderman Haugeberg.
Alderman Brookman withdrew his substitute motion.
Mr. Bob Rider, Secretary -Treasurer of Chicago Federation of Labor addressed
the City Council commenting on his early experiences as a union member.
Colton Moylan addressed the City Council commenting on higher education and
quality work.
Mr. Jeff Conroy addressed the City Council referring to a newspaper article
regarding comments made about the apprenticeship requirement.
Mr. Don Finn, Business Manager and Secretary of Local 134 IBEW addressed
the City Council commenting about the Responsible Bidder ordinance.
ORDINANCE Resident Louis Rivas, Jr. addressed the City Council commenting on his service
M-18-15 as a Letter Carrier.
REVISIONS TO
RESPONSIBLE
Page 8 of 11 9/21/15
BIDDER Mr. Mike Lingle of the Illinois Indiana Iowa Foundation for Fair Contracting
ORDINANCE: addressed the City Council commenting on bidders, projects and bringing
projects in under budget.
WARRANT
REGISTER:
Mr. Frank Manzo IV, Policy Director of Illinois Economic Policy Institute
addressed the City Council giving statistics regarding the number of workers in
Illinois and amount of training provided for union workers.
Mr. Irving Deneil addressed the City Council stating that the ordinance should be
left as is.
Mr. Frank Ivanelli addressed the City Council giving comparisons to contractors
on Angie's List.
Mr. Dan Allen, Executive Director of Construction Industry Service Corporation
(CISCO) addressed the City Council commenting about training for union
contractors.
Mr. Jim Canning addressed the City Council commenting on training and gave
examples of the work by untrained people.
Mr. Walter Underwood addressed the City Council stating that the City should
keep the ordinance.
Upon roll call on the substitute motion by Brookman and seconded to approve
Ordinance M-18-15, AN ORDINANCE AMENDING TITLE 1,
"ADMINISTRATIVE," CHAPTER 10, "PURCHASING POLICIES AND
GUIDELINES," SECTION 5, "FORMAL CONTRACT PROCEDURES," OF
THE CITY CODE BY ADDING RESPONSIBLE BIDDER REQUIREMENT,
the vote was:
AYES: 4-Haugeberg, Rodd, Brookman,
Charewicz
NAYS: 4 -Robinson, Sayad, Smith, Bogusz
ABSENT: 1 -Chester
Motion declared failed.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION — Alderman Smith, Chair
Alderman Sayad stated that he objects to paying invoices from Holland & Knight
because we could get them cheaper by an outside or in house service.
Moved by Charewicz and seconded to recommend to the City Council approval
of the September 21, 2015 — Warrant Register, in the total amount of
$3,550,469.09; and further recommend that Resolution R-164-15 be adopted at
appropriate time this evening. Motion declared carried.
DISCUSSION:
PROPOSED
ORDINANCE/
CREATE JOINT
PLAN COM. AND
ZONING BD. OF
APPEALS:
DISCUSSION/
AMEND CH. V/
RULES & REG'S
BD. OF FIRE/
POLICE/ ADD
EXCEPTION FOR
CERTAIN
MILITARY
VETERANS:
DISCUSSION/
ALARM
SYSTEMS:
UNFINISHED
BUSINESS:
Resolution
R-156-15
AWARD BID/
ROOF REHAB./
FIRE STA. #611
405 S. RIVER RD.:
Resolution
R-157-15
Page 9 of 11 9/21/15
COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair
Discussion was held. General Counsel Friedman was directed to make changes
to the ordinance regarding the members choosing the Chair and Vice Chair.
Moved by Sayad and seconded to recommend to the City Council approval of
Ordinance Z-29-15 at the appropriate time this evening. Motion declared carried.
PUBLIC SAFETY — Alderman Sayad, Chair
Fire Chief Wax reviewed his Memorandum of August 31, 2015 regarding
approval of a Board of Fire & Police Commissioners ("BFPC") rules amendment
adding an exception for certain Veterans to the maximum age allowed to apply
to the Fire Department per a new state law.
Moved by Robinson and seconded to recommend to the City Council approval
of Resolution R-165-15 at appropriate time this evening. Motion declared
carried.
Discussion was held.
Moved by Robinson and seconded to send the ordinance back to staff to change
the annual registration fee for alarm systems from $25 to $15. Motion declared
carried. Aldermen Rodd, Smith and Charewicz did not agree.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
Moved by Rodd and seconded to adopt Resolution R-156-15, A RESOLUTION
APPROVING A CONTRACT WITH L. MARSHALL ROOFING AND SHEET
METAL INC. FOR ROOF REHABILITATION WORK AT FIRE STATION
#61. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1 -Chester
Motion declared carried.
Moved by Rodd and seconded to adopt Resolution R-157-15, A RESOLUTION
APPROVING A CONTRACT WITH A-1 ROOFING COMPANY, INC. FOR
AWARD BID/
ROOF REHAB./
FIRE STA. #621
405 S. RIVER RD.:
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-164-15
CREATE JOINT
PLAN COM. AND
ZONING BD. OF
APPEALS:
Ordinance
Z-29-15
AMENDMENT/
CHAPTER V/
RULES AND
REG'S BD. OF
FIRE/POLICE
COMMISSIONERS:
Resolution
R-165-15
Page 10 of 11 9/21/15
ROOF REHABILITATION WORK AT FIRE STATION #62. Upon roll call,
the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1 -Chester
Motion declared carried.
Moved by Smith and seconded to concur with recommendation of Committee of
the Whole to adopt Resolution R-164-15, 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: $3,550,469.09. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1 -Chester
Motion declared carried.
Moved by Charewicz and seconded to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-29-15, AN
ORDINANCE AMENDING THE DES PLAINES CITY CODE, ZONING
ORDINANCE AND SUBDIVISION REGULATIONS TO CREATE A JOINT
PLAN COMMISSION AND ZONING BOARD OF APPEALS. Upon roll call,
the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1 -Chester
Motion declared carried.
Moved by Sayad and seconded to concur with recommendation of Committee of
the Whole to adopt Resolution R-165-15, A RESOLUTION APPROVING
AMENDMENTS TO THE RULES AND REGULATIONS OF THE BOARD
OF FIRE AND POLICE COMMISSIONERS OF THE CITY OF DES
PLAINES, ILLINOIS. Motion declared carried.
ADJOURNMENT: Meeting adjourned at 10:27 p.m.
Page 11 of 11 9/21/15
Gloria J. Ludwig, MMC — CITY CLERK
APPROVED BY ME THIS
DAY OF 2015
Matthew J. Bogusz, MAYOR