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05/21/2012MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHREACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, MAY 21, 2012 CALL TO ORDER: ROLL CALL: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Moylan at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 21, 2012. 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 Ridder, Director of Information Technology Duebner, Director of Human Resources Earl, Senior Planner Mangum, Building & Property Inspections Supervisor Ehrke and City Attorney Wiltse. EXECUTIVE Moved by Robinson, seconded by Sayad, to go into SESSION: Executive Session to discuss Collective Bargaining. Upon roll call, the vote was: AYES: 7- Haugeberg, Robinson, Bogusz, Sayad, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 1- Brookman Motion declared carried. The City Council recessed at 6:32 p.m. The City Council reconvened at 7:05 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz. PRAYER AND The opening prayer was given by Rev. Dr. Daryl PLEDGE: Merrill, Jr. of Christian Life Church, followed by the Pledge of Allegiance to the Flag. PROCLAMATION: Mayor Moylan presented a Mayoral proclamation to Director of Public Works and Engineering Oakley and Assistant Director of Public Works & Engineering Ridder proclaiming the week of May 20 -26, 2012 as National Public Works Week. 5/21/12 PAGE TWO COLLECTIVE BARGAINING: Resolution R -80 -12 Moved by Robinson, seconded by Sayad, to concur with consensus reached in Executive Session that City ratify contract with American Federation of State, County and Municipal Employees (AFSCME) - Council 31, AFL -CIO Local #3891, effective January 21, 2012 through December 31, 2015; and adopt Resolution R -80- 12, A RESOLUTION RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT WITH THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) , COUNCIL 31. 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. CONSENT Moved by Haugeberg, seconded AGENDA: establish a Consent Agenda except 7 and 7a. Motion declared carried. by Robinson, to for Items 1, 3, 3a, Moved by Sayad, seconded by Haugeberg, 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; Resolutions R- 74 -12, R- 75 -12, R -76 -12 and R -78 -12 were adopted. MINUTES: Moved by Sayad, seconded by Brookman, to approve Consent minutes of the regular meeting of the City Council Agenda held May 7, 2012, AS AMENDED Motion declared carried. Moved by Bogusz, seconded by Robinson, to approve minutes of the Executive Session of the City Council held May 7, 2012. Motion declared carried. SALE OF Moved by Walsten, seconded by Robinson, to concur SURPLUS with Staff recommendation to authorize disposition of PROPERTY: various pieces of electronic equipment by recycling through Midwest Copier Exchange, which are deemed no Ordinance longer necessary, useful to, or for the best interest M -18 -12 of the City; and place on First Reading Ordinance M- 18-12. Motion declared carried. 5/21/12 PAGE THREE M -18 -12 Moved by Walsten, seconded by Robinson, to advance to (Cont'd.) Second Reading and adopt M- 18 -12, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE WITH CITY CODE SECTION 1 -12 -4. 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. AWARD BID/ 2012 CIP STREET & UTILITY IMP. CONTRACT A• Consent Agenda Resolution R -74 -12 AWARD BID/ 2012 CIP STREET & UTILITY IMPROVEMENTS: Consent Agenda Resolution R -75 -12 AWARD PROPOSAL /2012 CIP GEOTECHNICAL TESTING- Consent Agenda Resolution R -76 -12 Moved by Sayad, seconded by Haugeberg, to concur with Staff recommendation to award bid for 2012 Capital Improvement Project, Street and Utility Improvements - Contract A to the lowest bidder, Orange Crush, 321 South Center, Hillside, IL 60162, in the not to exceed amount of $2,487,470.25/Capital Project Fund; and further recommend to adopt Resolution R- 74 -12, A RESOLUTION ACCEPTING THE BID FROM ORANGE CRUSH, LLC FOR THE 2012 CAPITAL IMPROVEMENT PROGRAM - STREET AND UTILITY IMPROVEMENTS, CONTRACT A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Haugeberg, to concur with Staff recommendation to award bid for 2012 Capital Improvement Project (CIP), Street and Utility Improvements (MFT 12- 00217- 00 -PV), to the lowest bidder, Schroeder Asphalt Services, Inc., P.O. Box 831, Huntley, IL 60142, in the not to exceed amount of $1,152,777.35 /(Motor Fuel Tax Fund $781,296.25, Water Fund $257,706.00, General Fund - Streets and Grounds $24,062.50 and Community Development Block Grant Fund $89,712.60); and further recommend to adopt Resolution R- 75 -12, A RESOLUTION ACCEPTING THE BID FROM SCHROEDER ASPHALT SERVICES, INC. FOR THE 2012 CAPITAL IMPROVEMENT PROGRAM - STREET AND UTILITY IMPROVEMENTS, MFT 12- 00217- 00 -PV. Motion declared carried as approved unanimously under Consent Agenda. Moved by Bogusz, seconded by Robinson, to concur with Staff recommendation to award proposal for 2012 Capital Imp. Program, Geotechnical Testing (MFT 12- 00217-00-PV), to the lowest bidder, KALGEn, 716 N. Wisconsin, Villa Park, IL 60181 in the amount of $26,325.00 /Motor Fuel Tax Fund; and further recommend to adopt Resolution R- 76 -12; A RESOLUTION ACCEPTING THE PROPOSAL FROM KALGEn CONSULTANTS, INC. FOR QUALITY CONTROL & QUALITY ASSURANCE TESTING ON THE CAPITAL IMPROVEMENT PROGRAM- SIDEWALK & CURB PROGRAM, MFT 12- 00217 -00 -PV & CONTRACT A. Motion declared carried as approved unanimously under Consent Agenda i 5/21/12 PAGE FOUR AWARD Moved by Walsten, seconded by Brookman, to concur PROPOSAL /WATER with Staff recommendation to award proposal for METER CARGO purchase of one (1) one -ton cargo van from Currie VAN: Motors Fleet, 9423 West Lincoln Highway, Frankfort, IL 60423, in the total amount of $20,087.00 /Water Resolution Equipment Replacement Fund; and further recommend to R -77 -12 adopt Resolution R- 77 -12, A RESOLUTION AUTHORIZING THE CITY TO ACCEPT THE QUOTE FROM CURRIE MOTORS FRANKFORT, INC. FOR THE PURCHASE OF ONE 2012 FORD E- 350 SUPER DUTY COMMERCIAL CARGO VAN AT A TOTAL COST OF $20,087.00. Motion declared carried as approved unanimously under Consent Agenda. ITEP GRANT SUPPORT: Consent Agenda Resolution R -78 -12 RE-APPOINT- MENTS: Consent Agenda Moved by Sayad, seconded by Haugeberg, to concur with Staff recommendation to adopt a Resolution supporting the 2012 Illinois Department of Transportation (IDOT) Illinois Transportation Enhancement Program (ITEP) grant; and further recommend to adopt Resolution R- 78-12, A RESOLUTION SUPPORTING THE THREE APPLICATIONS OF THE CITY OF DES PLAINES FOR GRANTS FOR DECORATIVE STREET LIGHTING, STREETSCAPE CONSTRUCTION, LANDSCAPING AND BICYCLE AND PEDESTRIAN FACILITY CONSTRUCTION UNDER THE ILLINOIS TRANSPORTATION ENHANCEMENT PROGRAM. 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 Sayad, seconded by Haugeberg, to approve Mayoral reappointments as follows: BOARD OF FIRE AND POLICE COMMISSION Arthur Lukowicz, term to expire April 30, 2014 D. Michael Albrecht, term to expire April 30, 2015 ECONOMIC DEVELOPMENT COMMISSION Courtney Wascher, term to expire April 30, 2016 Mohammad Khokar, term to expire April 30, 2016 Randall Rap, term to expire April 30, 2016 ZON ING BOARD OF APPEALS Richard Hofherr, term to expire April 30, 2017 James Szabo, term to expire April 30, 2017 PLAN COMMISSION Mary Lane, term to expire April 30, 2018 Cornell Bar, term to expire April 30, 2018 Motion declared carried as approved unanimously under Consent Agenda. MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS Ni RESOLVED INTO A COMMITTEE OF THE WHOLE 5/21/12 PAGE FIVE FINANCE & ADMINISTRATION - Alderman Bogusz, Chair WARRANT Moved by Sayad, seconded by REGISTER: the City Council approval Warrant Register, in the $4,891,317.70; and further R -79 -12 be adopted at appr( Motion declared carried. VARIATION/ POLE SIGN/ 170 S. RIVE ROAD : Brookman to recommend to of the May 21, 2012 - total AMENDED amount of recommend that Resolution )priate time this evening. Moved by Wilson, seconded by Walsten, to recommend to the City Council approval of Everbridge, Inc., Invoice #M20550 -A Mass Notification System, in the amount of $21,995.00. Motion declared carried. Alderman Sayad and Brookman voted no. COMMUNITY DEVELOPMENT - Alderman Haugeberg, Chair sign should be approved. Senior Planner Mangum reviewed his memo of May 1, 2012, regarding a variation to Section 11.6.B of the Zoning Ordinance to allow an 81 square foot pole sign with a 35 square foot Electronic Message Board, at 170 S. River Road ( Pesche's); Staff is recommending denial of the requested sign variation and an amendment to the Zoning Ordinance for all properties within the City if the City Council believes that the Alderman Wilson stated that he dislikes these signs; they keep getting larger; people flock to Pesche's regardless of the sign; he will be voting no. Mr. John Milstead, 2515 Church Street, addressed the Committee of the Whole stating that the new sign is the same height as the current sign. Mr. Chris Pesche, 170 S. River Road, addressed the Committee of the Whole stating that Pesche's has been in business since 1924; the new sign is modern and will let them promote their business; the new sign is smaller than the existing one. Moved by Sayad, seconded by Robinson to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff and recommend to the City Council, re Zoning Case 12- 015 -V, to approve request for a Text Amendment amending Section 11.6.B regarding Electronic Message Board signage regulations and amending Section 11.7 regarding Sign Variations; and further recommend that Ordinance Z -15 -12 be placed on First Reading. Motion declared carried. Alderm Wilson voted no. 5/21/12 PAGE SIX TEXT Senior Planner Mangum reviewed his memo of May 15, AMENDMENT/ 2012, regarding a Text Amendment to allow Planned LOCALIZED Unit Developments to establish a Localized ALTERNATIVE Alternative Sign Regulation Plan; Staff is SIGN recommending approval of the Text Amendment as a REGULATION Conditional Use. PLAN: Moved by Sayad, seconded by Robinson to concur with recommendation of Plan Commission and Staff and recommend to the City Council, re Text Amendment Case 12- 023 -TA, to approve request for a Text Amendment amending Article 11.8, Localized Alternative Sign Regulations of the Zoning Code; and further recommend that Ordinance Z -16 -12 be placed on First Reading. Motion declared carried. PLANNED UNIT Senior Planner Mangum reviewed his memo of May 15, DEVELOPMENT/ 2012, regarding a Conditional Use for a Planned Unit 3003 MANNHEIM Development (PUD) for construction of a seven (7) ROAD: level commercial parking garage, a 4,000 square foot restaurant, and a nine (9) story, 180 room hotel at 3003 Mannheim Road; Staff is recommending approval, subject to conditions. Mr. Kevin Shrier, Chief Operating Office for the Parking Spot, 625 Washington Avenue, Glencoe, addressed the Committee of the Whole, introduced his company, gave an overview of the project and answered questions from the Aldermen. Moved by Sayad, seconded by Robinson to concur with recommendation of Des Plaines Plan Commission and Staff and recommend to the City Council, Case 12-018 - PUD -SUB, to approve request for a Conditional Use for a Planned Unit Development (PUD) with permitted exceptions for 3003 Mannheim Road; and further recommend that Ordinance Z -17 -12 be placed on First Reading. Motion declared carried. Alderman Brookman voted no. VARIATION/ Senior Planner Mangum reviewed his memo of May 9, 197 N. EIGHTH 2012, regarding a Variation to authorize construction AVENUE of a public swimming pool mechanical building in R -1 (CHIPPEWA Single- Family Residential District at 197 North PARK): Eighth Avenue (Chippewa Pool) ; Staff is recommending approval. 5/21/12 PAGE SEVEN 197 N. EIGHTH ( Copt' d . ) Moved by Wilson, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff and recommend to the City Council, Case 12- 019-V, to approve request for variations to Section 8.1 -3 of the Zoning Ordinance to authorize construction of a Public Swimming Pool Mechanical Building at 197 North Eighth Avenue; and further recommend that Ordinance Z -18 -12 be placed on First Reading. Motion declared carried. WARRANT Moved by Bogusz, seconded by Robinson, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R- 79 -12, AS AMENDED BE IT RESOLVED BY THE Resolution CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE R -79 -12 FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $4,891,317.70. 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. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. ORDINANCE Moved by Walsten, seconded by Robinson, to adopt Z- 12 -12/ Ordinance Z- 12 -12, AN ORDINANCE AUTHORIZING A TEXT TEXT AMENDMENT TO ARTICLE 8.11 -3 H., "CARNIVALS AND AMENDMENT/ CIRCUSES," OF THE CITY OF DES PLAINES ZONING CODE. CARNIVALS & Upon roll call, the vote was: CIRCUSES: AYES: 7- Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Charewicz NAYS: 1- Wilson ABSENT: 0 -None Motion declared carried. RESOLUTION Moved by Walsten, seconded by Robinson, to TABLE R- 73 -12/ Resolution R- 73 -12, A RESOLUTION AUTHORIZING THE BID EXECUTION OF A CONTRACT BETWEEN THOMPSON ELEVATOR AWARD /ELEVATOR INSPECTION SERVICES INC. AND THE CITY OF DES PLAINES INSPECTION FOR MECHANICAL AND ELECTRICAL INSPECTION SERVICES OF SERVICES: ALL ELEVATORS THROUGHOUT THE CITY OF DES PLAINES. Motion declared carried. WARRANT Moved by Bogusz, seconded by Robinson, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R- 79 -12, AS AMENDED BE IT RESOLVED BY THE Resolution CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE R -79 -12 FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $4,891,317.70. 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. 5/21/12 PAGE EIGHT ELEVATOR INSPECTIONS: (Copt' d. ) VARIATION/ POLE SIGN/ 170 S. RIVER ROAD: Ordinance Z -15 -12 TEXT AMENDMENT/ LOCALIZEn ALTERNATIVE SIGN REGULATION PLAN: Ordinance Z -16 -12 Walsten, Wilson, Charewicz NAYS: 2- Sayad, Brookman ABSENT: 0 -None Motion declared carried. Moved by Bogusz, seconded by Robinson, to concur with recommendation of Committee of the Whole approval of Everbridge, Inc., Invoice #M20550 -A Mass Notification System, in the amount of $21,995.00. Upon roll call, the vote was: AYES: 6- Haugeberg, Robinson, Bogusz, Moved by Haugeberg, seconded by Bogusz, to concur with recommendation of Committee of the Whole, re Zoning Case 12- 015 -V, to approve request for a Text Amendment amending Section 11.6.B regarding Electronic Message Board signage regulations and amending Section 11.7 regarding Sign Variations; and further recommend to place on First Reading Ordinance Z- 15 -11. Motion declared carried. Alderman Wilson voted no. Moved by Robinson, seconded by Haugeberg, to advance to Second Reading and adopt Ordinance Z- 15 -12, AN ORDINANCE APPROVING A MAJOR VARIATION UNDER SECTION 1.6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW AN 81 SQUARE FOOT POLE SIGN WITH A 35 SQUARE FOOT ELECTRONIC MESSAGE BOARD AT 170 SOUTH RIVER ROAD, DES PLAINES, ILLINOIS. (CASE #12- 015 -V). Upon roll call, the vote was: AYES: 7- Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Charewicz NAYS: 1- Wilson ABSENT: 0 -None Motion declared carried. Moved by Haugeberg, seconded by Robinson, to concur with recommendation of Committee of the Whole, re Zoning Case 12- 023 -TA, to approve request for a Text Amendment amending Article 11.8, Localized Alternative Sign Regulations of the Zoning Code; and further recommend to place on First Reading Ordinance Z- 16 -12, AN ORDINANCE AMENDING ARTICLE 11.8 "LOCALIZED ALTERNATIVE SIGN REGULATIONS," OF THE CITY OF DES PLAINES ZONING CODE. Motion declared carried. Ej, 5/21/12 PAGE NINE PLANNED UNIT DEVELOPMENT/ 3003 MANNHEIM ROAD: Ordinance Z -17 -12 VARIATION/ 197 N. EIGHTH AVENUE (CHIPPEWA PARK) : Ordinance Z -18 -12 Moved by Haugeberg, seconded by Sayad, to concur with recommendation of Committee of the Whole, re Zoning Case 12 -18 -PUD, to approve request for a Conditional Use for a Planned Unit Development (PUD) with permitted exception for 3003 Mannheim Road; and further recommend to place on First Reading Ordinance Z- 17 -12. Motion declared carried. Alderman Brookman voted no. Moved by Bogusz, seconded by Haugeberg, to advance to Second Reading and adopt Ordinance Z- 17 -12, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) WITH PERMITTED PLANNED UNIT DEVELOPMENT BULK EXCEPTIONS FOR 3003 MANNHEIM ROAD, DES PLAINES, ILLINOIS. (CASE #12 -18 -PUD). Upon roll call, the vote was: AYES: 7- Haugeberg, Robinson, Bogusz, Sayad, Walsten, Wilson, Charewicz NAYS: 1- Brookman ABSENT: 0 -None Motion declared carried. Moved by Haugeberg, seconded by Wilson, to concur with recommendation of Committee of the Whole, Case 12- 019 -V, to approve request for variations to Section 8.1 -3 of the Zoning Ordinance to authorize construction of a Public Swimming Pool Mechanical Building at 197 North Eighth Avenue; and place on First Reading Ordinance Z- 18 -12. Motion declared carried. Moved by Wilson, seconded by Charewicz, to advance to Second Reading and adopt Ordinance Z- 18 -12, AN ORDINANCE AUTHORIZING VARIATIONS TO SECTION 8.1 -3 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO AUTHORIZE THE CONSTRUCTION OF AN APPROXIMATELY 16.5 -FOOT HIGH, 1,909 SQUARE FOOT ACCESSORY STRUCTURE (PUBLIC SWIMMING POOL MECHANICAN BUILDING) AT 197 N. EIGHTH AVENUE, DES PLAINES, ILLINOIS. (CASE #12- 019 -V). 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. 5/21/12 PAGE TEN RESIDENCY Moved by Charewicz, seconded by Wilson, to refer a REQUIREMENT: discussion on the Residency Requirement for Department Heads to the Legal & Licensing Committee for further review and report back to the City Council. Motion declared FAILED Aldermen Haugeberg, Wilson and Charewicz voted yes. Aldermen Robinson, Bogusz, Sayad, Brookman and Walsten voted no. ADJOURNMENT: Moved by Robinson, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:05 p.m. Nancy Prson - DEPUTY CITY CLERK APPROVED BY ME THIS — DAY 0 FA/ , 2012 MartiWJ. MoyNn, MAYOR