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01/22/2019MINUTES 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, TUESDAY, JANUARY 22, 2019 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was called ORDER: to order by Mayor Bogusz at 6:01 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, January 22, 2019. ROLL CALL: Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz. Absent: Lysakowski. A quorum was present. CLOSED Moved by Brookman, seconded by Sayad to enter into Closed Session to discuss SESSION: Purchase or Sale of Property, Lease of Property, Imminent or Probable Litigation. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared unanimously carried. The City Council recessed at 6:02 p.m. The City Council re -convened at 7:14 pm. Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz. Absent: Lysakowski. A quorum was present. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Public Works and Engineering Oakley, Director of Community and Economic Development McMahon, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman. PRAYER AND PLEDGE: The prayer was given by Mayor Bogusz, followed by the Pledge of Allegiance to the Flag of the United States of America. RECOGNITION: Police Chief Kushner and Mayor Bogusz presented Life -Saving awards to Officer Armstrong, Officer Skotnicki and Officer Zerbe for their decisive actions and coordinated efforts which saved a life. CONSENT AGENDA: Fire Chief Wax presented a certificate to Fourth Ward Resident Mark Pytlewicz for assisting residents out of a structure fire in December 2018. Moved by Sayad, seconded by Brookman, to establish the Consent Agenda. Motion declared carried unanimously. Moved by Rodd, seconded by Sayad, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz (Cont.) APPROVE TASK ORDER NO.6/ SPACECO/ ENGINEERING SERVICES: Consent Agenda Resolution R-25-19 APPROVE MASTER CONTRACT/ M.E. SIMPSON/ PROFESSIONAL SVCS: Consent Agenda Resolution R-26-19 AUTHORIZE EXPENDITURE/ KONICA MINOLTA/LEASE & SERVICE AGMT: Consent Agenda Resolution R-27-19 APPROVE AGREEMENT/ COUNTY OF COOK/ SHERIFF WORK ALTERNATIVE PROGRAM: Consent Agenda Resolution R-30-19 Page 2 of 7 1/22/19 NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. Minutes were approved; Requests were approved; Resolutions R-25-19, R-26-19, R-27-19, R-30-19 were adopted. Moved by Rodd, seconded by Sayad, to approve Resolution R-25-19, A RESOLUTION APPROVING TASK ORDER NO. 6 WITH SPACECO, INC FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to Adopt Resolution R-26-19, A RESOLUTION APPROVING A MASTER CONTRACT WITH M.E. SIMPSON CO., INC FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to Adopt Resolution R-27-18, A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS UNDER A LEASE WITH KONICA MINOLTA PREMIER FINANCE AND A SERVICES AGREEEMENT WITH KONICA MINOLTA BUSINESS SOLUTIONS USA, INC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to Adopt Resolution R-30-19, A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF COOK ON BEHALF OF THE COOK COUNTY SHERIFF DEPARTMENT FOR THE SHERIFF'S WORK ALTERNATIVE PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. AUTHORIZE BID/ STREET LIGHT REPAIR: Consent Agenda AUTHORIZE BID/DES PLAINES THEATRE INTERIOR REHABILITATION: Consent Agenda AUTHORIZE BID/TIF #1 DOWNTOWN STREETSCAPE: Consent Agenda APPROVE CITY COUNCIL MINUTES: Consent Agenda WARRANT REGISTER: CONSIDER BUSINESS ASSISTANCE/ CHARCOAL DELIGHTS/ 1090 E OAKTON: Page 3 of 7 1/22/19 Moved by Rodd, seconded by Sayad, to Authorize the City Clerk to Advertise Bid for the Streetlight Repair and Utility Location of Underground Wiring Contract. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to Authorize the City Clerk to Advertise Bid for Construction Contracts and Services for the Des Plaines Theatre Interior Rehabilitation. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to Authorize the City Clerk to Advertise Bid for the TIF #1 Downtown Streetscape, Phase V Project. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to Approve the Minutes of the City Council of January 7, 2019, as published. 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 FINANCE & ADMINISTRATION — Alderman Charewicz, Chair Alderman Charewicz presented the Warrant Register for consideration. Moved by Rodd, seconded by Chester, to recommend to the City Council approval of the January 22, 2019 — Warrant Register in the Amount of $3,050,849.86 and further recommend that Resolution R-28-19 be adopted at appropriate time this evening. Upon voice vote, motion declared carried. COMMUNITY DEVELOPMENT — Alderman Sayad, Chair Community and Economic Development Director Mike McMahon reviewed a memorandum dated January 2, 2019. Gus and Nicholas Katsis from Charcoal Delights have filed a business assistance application requesting $28,989.33 under the Facade, Awning and Outside Seating programs to renovate their existing restaurant. The applicants are also requesting a waiver to the Facade program in order to start on the exterior portions of the building due to pending inclement weather. The applicants have been operating their restaurant at 1090 E. Oakton Street since 1995 and they are in the middle of a multi-year building enhancement. The current scope of work includes: adding new awnings, constructing a new permanent outdoor Page 4 of 7 1/22/19 (Cont.) seating area, modernizing all building elevations with new materials, adding new windows, installing a new metal roof and updating the signage. CONSIDER APPROVAL AND ADOPTION/ 2018 COMPREHENSIVE PLAN: The applicants are requesting a waiver as they started working on the exterior of the building since the weather has been mild and their contractor can only conduct the exterior work during a specific timeframe. Additionally, the building has been stripped of its former exterior on materials so it is imperative to start on the renovations of the building to protect it from any weather-related damage. The applicants have already obtained a permit to conduct the work and they applied for the Business Assistance Program prior to starting the work related to requesting reimbursement. Staff recommended that Resolution R-29-19 be adopted to approve the Business Assistance Program application. Moved by Brookman, seconded by Robinson, to recommend to the City Council approval of Business Assistance Program for Facade, Awning, and Seating for Charcoal Delights, 1090 East Oakton Street, Des Plaines, IL in the Amount of $28,989.33; and further recommend that Resolution R-29-19, be adopted at appropriate time this evening. Upon voice vote, motion declared carried. Director of Community and Economic Development McMahon reviewed a memorandum dated January 10, 2019. Over the past two years, the City of Des Plaines has been working with the Chicago Metropolitan Agency for Planning (CMAP) to prepare a new Comprehensive Plan. The Comprehensive Plan is the City's official policy guide for future land use, development, and conservation over the next five to ten years. The City originally adopted its first official Comprehensive Land Use Plan in 1958, and has updated the plan throughout the years to address the annexation of properties, new and emerging development trends, and changing land use conditions. The first phase of preparing a new Comprehensive Plan involved research and community outreach that helped form an Existing Conditions Report. This report is comprised of two elements: a Community Profile and Issues and Opportunities Report. From the Existing Conditions Report, draft recommendations emerged which formed the basis for the content of the new Comprehensive Plan. Over the past several months, the draft Comprehensive Plan was reviewed by City staff, elected officials, the Comprehensive Plan Steering Committee, and the public at an open house held on October, 11 2018. The draft plan has been amended to reflect comments provided during those reviews. The Planning and Zoning Board recommended (7-0) that the City Council approve the new Comprehensive Plan as presented. Staff recommended that the City Council approve Ordinance M-3-19 adopting the 2019 City of Des Plaines Comprehensive Plan. Director of Community and Economic Development McMahon answered questions from City Council members and stated that particular items can be changed. (Cont.) UNFINISHED BUSINESS: Page 5 of 7 1/22/19 Moved by Rodd, seconded by Charewicz, to recommend to the City Council Approval and Adoption of the 2018 Comprehensive Plan for the City of Des Plaines; and further recommend that Ordinance M-3-19 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. PUBLIC SAFETY — Alderman Rodd, Chair Police Chief Kushner explained numerous commercial properties do not comply with the current language in City Code Section 8-1-11 regarding the removal of snow and ice from public rights of way. Many commercial properties do not currently remove snow and ice from the public rights of way after a snow storm. Currently the only enforcement action the City can take is to fine the business for not complying with the ordinance. Amending City Code Chapter 8-1-11 to include language with detailed responsibilities that commercial properties must comply with regarding snow and ice on public rights of way, and the penalties for non-compliance will help improve compliance. This amendment also gives the City more options to make sure the rights of way are clear for pedestrians, even if the commercial property does not remove the snow and ice. The City Council provided recommendations for the ordinance at the January 7, 2019 council meeting; those recommendations have been incorporated into the ordinance. Moved by Brookman, seconded by Sayad, to recommend to the City Council approval of an Amendment to the City Code Regarding the Removal of Snow and Ice from the Public Rights -of -Way; and further recommend that Ordinance M-2-19, As Amended, be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. SECOND Moved by Robinson, seconded by Sayad, to adopt Ordinance M-1-19, As Amended, READING/ AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 4 OF THE CITY OF ORD. M-1-19: DES PLAINES CITY CODE REGARDING THE SALE AND PURCHASE OF TOBACCO AND ALTERNATIVE NICOTINE PRODUCTS. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION NEW BUSINESS: WARRANT Moved by Charewicz, seconded by Chester, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R-28-19, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING (Cont.) Resolution R-28-19 APPROVE BUSINESS ASSISTANCE/ FACADE, OUTDOOR DINING/ CHARCOAL DELIGHTS: Resolution R-29-19 ADOPT 2018 COMPREHENSIVE PLAN: Ordinance M-3-19 AMEND CITY CODE/SNOW REMOVAL/ PUBLIC RIGHT-OF-WAY: Ordinance M-2-19 ADJOURNMENT: Page 6 of 7 1/22/19 BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,050,849.86. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-29-19, A RESOLUTON APPROVING BUSINESS ASSISTANCE PROGRAM GRANTS FOR FACADE REHABILITATION AWNING REPLACEMENT AND OUTDOOR DINING. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. Moved by Sayad, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Ordinance M-3-19, AN ORDINANCE ADOPTING A COMPREHENSIVE PLAN FOR THE CITY OF DES PLAINES. Upon voice, motion declared carried. Moved by Rodd, seconded by Robinson, to concur with recommendation of Committee of the Whole to adopt Ordinance M-2-19, As Amended, AN ORDINANCE AMENDING SECTION 8-1-11 OF THE CITY OF DES PLAINES CITY CODE REGARDING THE REMOVAL OF SNOW AND ICE FROM PUBLIC RIGHTS OF WAY. Upon voice vote, motion declared carried. Moved by Robinson, seconded by Brookman to Advance to Second Reading and Adopt Ordinance M-2-19, As Amended, AN ORDINANCE AMENDING SECTION 8-1-11 OF THE CITY OF DES PLAINES CITY CODE REGARDING THE REMOVAL OF SNOW AND ICE FROM PUBLIC RIGHTS OF WAY. Upon roll call, the vote was: AYES: 6 -Robinson, Rodd, Sayad, Brookman Chester, Smith NAYS: 1-Charewicz ABSENT: 1-Lysakowski Motion declared carried. Moved by Sayad, seconded by Rodd, to adjourn the meeting. Motion declared carried. The meeting adjourned at 8:25 p.m. APPROVED BY ME THIS 4/0 - DAY OF h , , 2019 Matthew B 4 _ z MAYOR Page 7 of 7 1/22/19 fitz Lauf"a Fast — ACTING CITY CLERK