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04/02/2012Approved April 16, 2012 — Corrected for Scrivener's Errors: Page 3- Consent Agenda: Add R -50 -12 to the list of Resolutions Adopted; Delete Ordinance M -11 -12 at end of that paragraph; Page 5 - Warrant Register - Committee of the Whole: Add Alderman Brookman as a No vote for the New World ERP expenditures; Page 8 - Warrant Register ( Regular Session): Add Mayor Moylan's name as an Aye Vote for the New World ERP expenditures. 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, APRIL 2, 2012 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by Mayor Martin J. Moylan at 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, April 2, 2012. ROLL CALL: Roll call indicated the following Aldermen present: Robinson, Bogusz, Sayad, Brookman, Walsten and Charewicz. Aldermen Haugeberg and Wilson were absent. Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Deputy Police Chief Burton, Fire Chief Wax, Director of Public Works & Engineering Oakley, Director of Human Resources Earl, Director of Information Technology Duebner, Director of Community & Economic Development Bartholomew, and City Attorney Wiltse. EXECUTIVE Moved by Bogusz, seconded by Robinson, to go into Executive Session to SESSION: discuss Collective Bargaining, Land Acquisition and Personnel. Motion passed unanimously. There were no objections. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following Aldermen present: Robinson, Bogusz, Sayad, Brookman, Walsten and Charewicz. Aldermen Haugeberg and Wilson were absent. PRAYER AND The opening prayer was given by The Reverend Valentin Popovich of the PLEDGE: Romanian Baptist Church, followed by the Pledge of Allegiance. CITIZEN Maggie McCabe, 537 Rose Avenue, Julie Cullotta, 109 Cranbrook Drive, and PART.: Matt Holubecki, 1555 Woodland Avenue, members of the Des Plaines Youth Commission Advisory Board addressed the City Council and presented a plaque of Appreciation to Alderman Sayad for his contributions in support of the Youth Commission. Mr. John Milstead, 2515 Church Street, addressed the City Council stating that there are problems with parking in his area with the Muslim Center; at least 20 cars parked the wrong way on Good Avenue; difficult for cars to travel through the street; buses or emergency fire equipment cannot get through; there was a prompt response by the police department when called about the parking Page 2 of 8 4/2/12 problem; everybody needs to adhere to the laws and rules. EXEC. SESSION COLLECTIVE BARGAINING: ACTION: Moved by Robinson, seconded by Sayad, that the City Council concur with the consensus reached in Executive Session and approve the collective bargaining agreement with MAP Chapter #241 for the period of January 1, 2011 through December 31, 2014 and adopt Resolution R- 55 -12. Upon roll call, the vote was: AYES: 6- Robinson, Bogusz, Sayad, Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 2- Haugeberg, Wilson Motion declared carried. PERSONNEL: Moved by Robinson, seconded by Sayad, to concur with the consensus reached in Executive Session to appoint Michael Bartholomew as City Manager, effective April 21, 2012 in accordance with Title 1, Chapter 7 of the City Code, with pay at the mid -point of the salary schedule. Motion by Brookman to adopt a substitute motion to appoint Michael Bartholomew as Acting City Manager. Motion declared FAILED due to lack of a second. Upon roll call on the original motion to appoint Michael Bartholomew as City Manager, effective April 21, 2012, the vote was: AYES: 5- Robinson, Bogusz, Sayad, Walsten, Charewicz NAYS: 1- Brookman ABSENT: 2- Haugeberg, Wilson Motion declared carried. LAND ACOUISITION: Moved by Walsten, seconded by Sayad, that the City Council authorize Staff to proceed consistent with the directions given in Executive Session with final action, if any, to be taken in open session at a later City Council meeting. Motion declared carried. CONSENT Motion by Sayad, seconded by Charewicz, to establish the Consent Agenda, AGENDA except for Items 5 and 5a. Motion declared carried. Motion by Sayad, seconded by Robinson, to approve Consent Agenda, except for Items 5 and 5a. Upon roll call, the vote was: AYES: 6- Robinson, Bogusz, Sayad, Brookman, Walsten, Charewicz NAYS: 0 -None Page 3 of 8 4/2/12 CONSENT ABSENT: 2- Haugeberg, Wilson AGENDA Motion declared carried. (Cont'd) The Minutes were approved; Staff recommendations and requests were approved; Ordinance M -13 -12 was placed on First Reading; Resolutions R- 38 -12, R- 49 -12, R- 50 -12, R -52 -12 and R -53 -12 were adopted. MINUTES: Moved by Sayad, seconded by Robinson, to approve minutes of the Regular Consent Meeting of the City Council held March 19, 2012, as published. Motion Agenda declared carried as approved unanimously under Consent Agenda. PARKING ENF. Moved by Sayad, seconded by Robinson, to concur with Staff recommendation AGR./ 1804 -1884 to authorize the Acting City Manager to execute, and the City Clerk to attest, MANNHEIM RD.: the Parking Enforcement Agreement with Pine Park Homeowners Association, Consent which authorizes the Des Plaines Police Department to enforce parking, traffic Agenda regulations, and ordinances in Titles 4, 5, 6, and 7 of the City Code on all private streets, parking areas, and other areas under its control; and further Ordinance recommend to place on First Reading Ordinance M- 13 -12, AN ORDINANCE M -13 -12 AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF THE ILLINOIS VEHICLE CODE AND MUNICIPAL ORDINANCES ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND PINE PARK HOMEOWNERS ASSOCIATION IN DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. TEMP. CONSTR. Moved by Sayad, seconded by Robinson, to concur with Staff recommendation EASEMENT to authorize the Acting City Manager to execute a Temporary Construction AGR./IDOT/ Easement, a Receipt and Disbursement Statement, and an Affidavit of Title 2967 -3003 from the Illinois Department of Transportation (IDOT) for a temporary MANNHEIM RD.: construction easement for the purpose of roadway construction and other Consent highway purposes along the east edge of 2967 -3003 Mannheim Road and Agenda compensating the City of Des Plaines in the amount of $22,000.00 for the 5- year term of the easements; and further recommend to adopt Resolution R -38- Resolution 12, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO R -38 -12 EXECUTE A TEMPORARY CONSTRUCTION EASEMENT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF ROADWAY CONSTRUCTION AT 2967 -3003 MANNHEIM ROAD IN DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ Moved by Sayad, seconded by Robinson, to concur with Staff recommendation NUISANCE to award the Nuisance Abatement Service contract to Clauss Brothers, Inc., ABATEMENT Landscape Architects & Contractors, 360 West Schaumburg Road, SVCS. CONTR: Streamwood, Illinois 60107 in an amount not to exceed $20,000.00 per year for Consent 2012 and 2013; and further recommend to adopt Resolution R- 49 -12, A Agenda RESOLUTION ACCEPTING THE PROPOSAL FOR NUISANCE ABATEMENT SERVICES FROM CLAUSS BROTHERS, INC. Motion Resolution declared carried as approved unanimously under Consent Agenda. j T Page 4 of 8 R -49 -12 4/2/12 ACCEPT Alderman Walsten requested that this item be removed from Consent Agenda. PROPOSAL/ TIF#1 CIVIC Director of Public Works and Engineering Oakley answered questions from the CENTER Aldermen. PARKING STRUCTURE: Moved by Walsten, seconded by Sayad, to approve a Proposal with Walker Parking Consultants, 505 Davis Road, Elgin, Illinois 60123 for Design Resolution Engineering of the TIF #1 Civic Center Parking Structure in a not -to- exceed R -50 -12 amount of $50,000.00; and adopt Resolution R- 50 -12, A RESOLUTION ACCEPTING THE PROPOSAL FROM WALKER PARKING CONSULTANTS FOR DESIGN AND CONSTRUCTION SERVICES FOR THE REPLACEMENT OF THE CIVIC CENTER PARKING DECK. Upon roll call, the vote was: AYES: 6- Robinson, Bogusz, Sayad, Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 2- Haugeberg, Wilson Motion declared carried. GRANT Moved by Sayad, seconded by Robinson, to concur with Staff recommendation RECIPIENTS/ that the Director of Finance is hereby authorized to pay and City staff is hereby 2012 SOCIAL authorized to distribute the following budgeted funds to the following agencies: SVCS. FUNDING: Consent Agenda Avenues to Independence $ 1,000.00 Bessie's Table 2,500.00 Catholic Charities of the Archdiocese of Chicago — North/Northwest 1,000.00 Resolution Suburban Services R -52 -12 Children's Advocacy Center of Northwest Cook County 2,000.00 HandsOn Suburban Chicago 500.00 Journey from P.A.D.S. to HOPE 5,000.00 Kenneth Young Center 2,000.00 Life Span 1,250.00 Maine Center, Inc. 5,150.00 Maine Niles Association of Special Recreation 1,000.00 Maryville Academy: The Jen School 700.00 Maine Community Youth Assistance Foundation 650.00 North Shore Senior Center 7,700.00 Northwest Center Against Sexual Assault 2,500.00 Northwest Suburban Day Care Center 9,000.00 Rainbow Hospice and Palliative Care 2,000.00 Self -Help Food Closet & Pantry of Des Plaines 10,000.00 Shelter, Inc. 2,000.00 Suburban Primary Health Care Council: Access To Care 2,500.00 The Center of Concern 8,950.00 The Des Plaines Community Foundation 1,100.00 The Harbour, Inc. 2,000.00 The Salvation Army: Community Counseling Center 3,500.00 The Salvation Army: The Des Plaines Corps Jobs Program I 0000.00 Tota $75,000.00 and further to adopt Resolution R- 52 -12, A RESOLUTION AUTHORIZING A � Page 5 of 8 4/2/12 R -52 -12 THE DISBURSEMENT OF $75,000.00 IN BUDGETED FUNDS TO (Cont'd) TWENTY -FOUR SOCIAL SERVICE AGENCIES. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ Moved by Sayad, seconded by Robinson, to concur with Staff recommendation 2012 CIP to award the 2012 CIP Concrete Improvements — MFT -12- 00000 -01 -GM CONCRETE Project to DiNatale Construction, Inc., 1441 West Bernard Drive, Addison, IMPROV'S: Illinois 60101 in the amount of $898,583.75 (Motor Fuel Tax - $150,000.00; Consent Capital Projects Fund - $250,000.00; TIF #1 Fund - $18,583.75; and TIF #4 Agenda Fund - $480,000.00). Motion declared carried as approved unanimously under Consent Agenda. Resolution R -53 -12 ADVERTISE Moved by Sayad, seconded by Robinson, to concur with Staff recommendation BIDS /CRACK to authorize City Clerk to issue Notice to Bid for Street Crack Filling with a bid SEALING: opening date of Friday, April 20, 2012 at 3:00 p.m. Funding for this project Consent would be from the Motor Fuel Tax Fund in the amount of $30,000.00. Motion Agenda 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 bySSayad, seconded by Walsten to amend the Warrant Register R -51 -12 REGISTER: in the amount of $2,437,022.23 by deleting the expenditures payable to New World ERP in the total amount of $86,339.69 as listed on Pages 1, 2, and 9 of the Warrant Register. Motion declared carried. Moved by Walsten, seconded by Robinson to approve the expenditures payable to New World ERP in the total amount of $86,339.69 as listed on Pages 1, 2, and 9 of Warrant Register R- 51 -12. Motion declared carried. Aldermen Sayad and Brookman voted no. Director of Information Technology Duebner answered questions from the Aldermen. Mayor Moylan suggested that the Engineering Committee meet to discuss the issue of expenditures charged by New World ERP. COMMUNITY DEVELOPMENT — Alderman Walsten, Vice Chair ZONING TEXT Senior Planner Mangum reviewed his Memorandum of March 13, 2012 AMENDMENT: regarding a Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.3.1, Commercial Districts Use Matrix, to allow for a Commercial Parking Garage as a Conditional Use in the C -3, General Commercial District and answered questions from the Aldermen. Moved by Bogusz, seconded by Robinson, to recommend to the City Council to Page 6 of 8 4/2/12 place on First Reading Ordinance Z -10 -12 at appropriate time this evening. Motion declared carried. COND. USE/ Senior Planner Mangum reviewed his Memorandum of March 13, 2012 216 GRACELAND regarding a request by Petitioner Marcy Brooks for a Conditional Use Permit AVENUE: under Section 7.3 -6 -C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Dog Training and Dog Day Care Facility (Domestic Pet Service) in the C -3 District and answered questions from the Aldermen. Moved by Sayad, seconded by Charewicz, to recommend to the City Council to place on First Reading Ordinance Z -11 -12 at appropriate time this evening. Motion declared carried. COND. USE/ CBO Inspection Supervisor Ehrke reviewed his Memorandum of March 14, 894 SOUTH WOLF 2012 regarding a request by Petitioner Joanna Poniatowicz for a Conditional ROAD: Use as required by Section 10 -1 -11, 4(b) of the adopted City Code to authorize a parking pad located in the front yard of 894 South Wolf Road and answered questions from the Aldermen. Moved by Sayad, seconded by Charewicz, to recommend to the City Council to place on First Reading Ordinance M -12 -12 at appropriate time this evening. Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. UNFINISHED BUSINESS PURCHASE/ Director of Public Works and Engineering Oakley answered Alderman REPLACEMENT Walsten's question from the March 19, 2012 Council meeting regarding the FIRE HYDRANTS: place of manufacture of the fire hydrants confirming they are cast and assembled in Albertville, Alabama. Resolution R -45 -12 Moved by Walsten, seconded by Robinson, to concur with Staff recommendation that in the best interest of the City, the City Council waive the normal bidding procedures and accept the lowest quote for replacement fire hydrants from HD Supply - Waterworks, 220 South Westgate Drive, Carol Stream, Illinois 60188 in the total amount of $36,040.00; and further recommend to adopt Resolution R- 45 -12, A RESOLUTION AUTHORIZING THE PURCHASE OF MUELLER FIRE HYDRANTS FROM HD SUPPLY WATERWORKS, LTD. IN AN AMOUNT NOT TO EXCEED $36,040.00. Upon roll call, the vote was: AYES: 6- Robinson, Bogusz, Sayad, Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 2- Haugeberg, Wilson Motion declared carried. Page 7 of 8 4/2/12 MAP AMEND./ Moved by Bogusz, seconded by Brookman, to remove from the Table 1157 ALGONQUIN Ordinance Z -8 -12, AN ORDINANCE GRANTING A MAP AMENDMENT RD.: FROM R -1, SINGLE - FAMILY RESIDENTIAL TO C -3, GENERAL COMMERCIAL FOR THE PROPERTY LOCATED AT 1157 ALGONQUIN Ordinance ROAD, DES PLAINES, ILLINOIS. (Case #12- 001 -MAP). Motion declared Z-8 -12 carried. Mr. Jeff Pryor, SA REO Fund 900, LLC, 555 West Jackson Boulevard, Suite 500, Chicago, Illinois, Agent for the Owner of the property, addressed the City Council stating that changing the classification from C -3, General Commercial to C -1, Neighborhood Shopping District for 1157 Algonquin Road would satisfy their request for reclassification and answered questions from the Aldermen. Moved by Bogusz, seconded by Robinson, to Amend Ordinance Z -8 -12, AN ORDINANCE GRANTING A MAP AMENDMENT FROM R -1, SINGLE - FAMILY RESIDENTIAL TO C -3, GENERAL COMMERCIAL FOR THE PROPERTY LOCATED AT 1157 ALGONQUIN ROAD, DES PLAINES, ILLINOIS (Case #12- 001 -MAP) by reclassifying from C -3, General Commercial to C -1, Neighborhood Shopping District for 1157 Algonquin Road. Motion declared carried. ORDINANCE Moved by Bogusz, seconded by Robinson, to place on Second Reading and Z-8 -12 adopt Ordinance Z -8 -12, AN ORDINANCE GRANTING A MAP MAP AMEND. / AMENDMENT FROM R -1, SINGLE - FAMILY RESIDENTIAL TO C -1, 1157 ALGONQUIN NEIGHBORHOOD SHOPPING DISTRICT FOR THE PROPERTY RD.: LOCATED AT 1157 ALGONQUIN ROAD, DES PLAINES, ILLINOIS. (Case #12- 001 -MAP), AS AMENDED. Upon roll call, the vote was: AYES: 6- Robinson, Bogusz, Sayad, Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 2- Haugeberg, Wilson Motion declared carried. NEW BUSINESS WARRANT Moved by Bogusz, seconded by Robinson, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R- 51 -12, 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 -51 -12 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME, AS AMENDED. Total: $2,437,022.23. Upon roll call, the vote was: AYES: 6- Robinson, Bogusz, Sayad, Brookman, Walsten, Charewicz NAYS: 0 -None ABSENT: 2- Haugeberg, Wilson Motion declared carried. Page 8 of 8 4/2/12 R -51 -12 Moved by Bogusz, seconded by Charewicz, to approve the expenditures (Cont'd) payable to New World ERP in the total amount of $86,339.69 as listed on Pages 1, 2, and 9 of Warrant Register R- 51 -12. Upon roll call, the vote was: AYES: 5- Robinson, Bogusz, Walsten, Charewicz, Moylan NAYS: 2- Sayad, Brookman ABSENT: 2- Haugeberg, Wilson Motion declared carried. ZONING TEXT Moved by Walsten, seconded by Robinson, to concur with recommendation of AMENDMENT: Committee of the Whole to place on First Reading Ordinance Z- 10 -12, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO TABLE 7.3.1, Ordinance "COMMERCIAL DISTRICT USE MATRIX," OF THE CITY OF DES Z -10 -12 PLAINES ZONING CODE. Upon roll call, the votes were all Ayes and no Nays. Motion declared carried. COND. USE/ Moved by Walsten, seconded by Charewicz, to concur with recommendation of 216 GRACELAND Committee of the Whole to place on First Reading Ordinance Z- 11 -12, AN AVENUE: ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3 -6 C. OF THE DES PLAINES ZONING Ordinance ORDINANCE TO ALLOW A DOMESTIC PET SERVICE AT 216 Z -11 -12 GRACELAND AVENUE, DES PLAINES, ILLINOIS (CASE #12- 004 -CU). Upon roll call, the votes were all Ayes and no Nays. Motion declared carried. COND. USE/ Moved by Walsten, seconded by Sayad, to concur with recommendation of 894 SOUTH WOLF Committee of the Whole to place on First Reading Ordinance M- 12 -12, AN ROAD: ORDINANCE GRANTING A CONDITIONAL USE TO AUTHORIZE A PARKING PAD LOCATED IN THE FRONT YARD OF THE PROPERTY Ordinance LOCATED AT 894 S. WOLF ROAD, DES PLAINES, ILLINOIS. (CASE M -12 -12 #12- 007 -PP). Motion declared carried. ADJOURNMENT: Moved by Sayad, seconded by Charewicz, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:05 p.m. 4 �, - Q -, X, " � " � � Gloria J.Ludwig — CITV CLERK APPROVED BY ME THIS a 3 DAY OF , 2012 Mart t�an AYOR