04-05-2004152
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 5, 2004
CALL TO ORDER: The regular meeting of the City Council of the City of
Des Plaines, Illinois, was called to order by Mayor
Anthony W. Arredia at 6:30 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, April 5, 2004.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Becker, Smith.
Aldermen Brookman and Argus were absent. Alderman Argus
arrived in Executive Session at 6:45 p.m. Alderman
Brookman arrived in Executive Session at 7:05 p.m.
Also present were: City Manager Niemeyer, Assistant City Manager-EDC
Director Schneider, Director of Finance Egeberg, Deputy Police Chief
Schneider, Fire Chief Farinella, Assistant Director of Engineering
Duddles, Director of Public Works Dusckett, Director of Emergency
Communications Ornberg, Director of Human Resources Baj or and City
Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
RECOGNITION:
PROCLAMATION:
Moved by Murphy, seconded by Sayad, to go into Executive
Session to discuss pending litigation and personnel.
Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith
NAYS: 0-None
ABSENT: 2-Brookman, Argus
Motion declared carried.
The City Council recessed at 6:31 p.m.
The City Council reconvened at 7:16 p.m.
Roll call indicated that following aldermen present;
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith, Argus.
The opening prayer was given by Reverend Jan Niemeyer,
First Presbyterian Church, followed by the Pledge of
Allegiance.
Mayor Arredia recognized Mary Dankowski, Chairman of the
Des Plaines Youth Commission; she is the recipient of a
Certificate of Honorable Recognition from Elizabeth Doody
Gorman, Cook County Commissioner, 17th District, for her
contributions to the well being and betterment of others.
Mayor Arredia and Fire Chief Farinella recognized
Firefighters Dave Macri, Chris Wozny and Sean Schielie,
who were the recent recipients of Meritorious Service
Awards by VFW Park Ridge Post 3579. Mayor Arredia and
Deputy Police Chief Schneider recognized Police Sgt.
Kevin Boyd who also recently received a Meritorious
Service Award from the VFW Park Ridge Post 3579.
Mayor Arredia read his proclamation proclaiming the month
of April as Child Abuse Prevention Month and urged
everyone to increase their participation in preventing
child abuse, thereby strengthening the community in which
we live.
PUBLIC
HEARING/
POLLUTION
PREV. PLAN:
CALL TO
ORDER:
DISCUSSION:
CITIZEN
PARTICIPA. :
PENDING
LITIGATION/
170 N. WOLF:
PAGE TWO
153
4/5 /04
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
DES PLAINES CIVIC CENTER, MONDAY, APRIL 5,
2004
Mayor Arredia called the Public Hearing to order at 7:32
p.m. The Public Hearing was being held pursuant to legal
notice to give citizens the opportunity to comment on the
Operational and Maintenance Plan, the Pollution
Prevention Plan and the Public Notification Plan, which
are requirements of the NPDES CSO Program.
Assistant Director of Engineering Duddles gave a brief
overview.
Mayor Arredia asked for comments from the aldermen and
the public. There were none. Further action on this
matter under Items 7 and 7a on the Consent Agenda this
evening.
The Public Hearing was adjourned at 7:34 p.m.
The City Council reconvened at 7:35 p.m.
Mr. Michael Mickelsen, Des Plaines Citizens for
Responsible Development, addressed the City Council
stating that he is very concerned about flooding; he
provided information to the City about using permeable
pavers for water runoff instead of asphalt; he had heard
nothing from the City; this would not require a retention
pond; we need to look at this as an option with all the
new development in our City. Mayor Arredia asked Mr.
Mickelsen to meet with him on this matter.
Mr. Brian Burkross, 2133 Webster Lane, addressed the City
Council stating that he is very concerned about the
application of the new Klaeren Rules; it is not fair to
the residents when they don't know the evidence that will
be presented; this is just another way that the City is
trying to stop residents from participating in the
procedure.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council stating that he has been a resident for over 35
years; Alderman Argus made a strong appeal for residents
to do business in Des Plaines; they pay taxes, hire
residents and provide services; why don't we use our
local businesses more often; you could give a 10%
discount for local businesses; this should be looked
into.
Ms. Cindy Ciera, 2591 Parkwood Lane, addressed the City
Council stating that she is very proud of our firemen and
police department; there is a slim chance that we could
get the casino; we should think about approving a casino;
think about the crime.
Mr. Gary Danfield, 655 River Road, addressed the City
Council stating that he has waited a long time for a
Walgreen Drug Store to come to the downtown; thank you.
Mr. Andy Samborski, 2108 Sherwin Avenue, addressed the
City Council stating that he was at the meeting downtown
regarding the casino; there were no ministers from
Rosemont or Waukegan speaking against the casino.
Moved by Smith, seconded by Argus, to concur with
consensus in Executive Session that Staff be authorized
to proceed with the clean up of the interior of the
premises located at 170 N. Wolf Road at the estimated
cost of $26,460, after which the City will promptly place
a lien against the property for the costs of clean up;
170 N. WOLF
(Cont'd. )
CONSENT
AGENDA:
MINUTES/
3/10/04:
Consent
Agenda
MINUTES/
3/12/04:
MINUTES/
3/15/04:
Consent
Agenda
PAGE THREE
154 4/5/04
it was also the consensus of the aldermen that if it
becomes necessary to tear down the house, this be done
and the lien be placed against the property for that
total cost. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Alderman Smith and two (2) residents requested that Item
2 be removed from the Consent Agenda; Alderman Smith and
a resident requested that Item 18 be removed.
Moved by Beauvais, seconded by Murphy, to establish a
Consent Agenda except for Items 2 and 18. Motion
declared carried.
Moved by Sayad, seconded by Beauvais, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinances
M-13-04, M-14-04, M-15-04 and Z-12-04 were adopted;
Ordinances M-18-04, M-19-04, M-20-04, M-21-04, T-2-04,
T-3-04, and T-4-04 were placed on First Reading; and
Resolutions R-32-04, R-33-04, R-34-04, R-35-04, R-36-04,
R-37-04, R-38-04, R-39-04, R-40-04, R-41-04, R-42-04, R-
43-04, R-44-04, R-45-04, R-46-04, R-47-04, R-48-04, and
R-50-04 were adopted.
Moved by Sayad, seconded by Beauvais, to approve minutes
of the Special meeting of the City Council held March 10,
2004, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Alderman Smith requested that the minutes of the Special
meeting of the City Council held on March 12, 2004 be
amended to reference the telephone calls that were made
to the aldermen before the meeting was held. Alderman
Smith stated that he would provide City Clerk McAllister
with the wording for the amendment he is requesting and
this matter be held until April 19, 2004.
Alderman Smith stated his concern that the telephone
calls may have been in violation of the Open Meetings
Act; there was no opportunity for the aldermen to get
input from any other alderman.
Moved by Smith, seconded by Brookman, to POSTPONE
approval of the minutes of the Special meeting of the
City Council held March 12, 2004 and the reconvened
meeting held on March 15, 2004, until April 19, 2004.
Motion declared carried.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council stating that he wants to make sure that these
telephone calls are reflected in the minutes; $38 million
was added to the bid after these telephone calls.
Moved by Sayad, seconded by Beauvais, to approve minutes
of the regular meeting of the City Council held March 15,
2004, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to approve minutes
of the Executive Session of the City Council held March
15, 2004. Motion declared carried as approved
unanimously under Consent Agenda.
VEHICLE
IMMOBILIZA.
AMENDMENTS
(BOOT) :
Consent
Agenda
Ordinance
M-18-04
NEW JOB
CLASSIFICA./
9-1-1:
Consent
Agenda
Ordinance
M-19-04
AMENDMENTS/
SEWER USE
ORDINANCES:
Consent
Agenda
Ordinance
M-20-04
LIC. AGREE./
291
STRATFORD:
Consent
Agenda
Ordinance
M-21-04
DESIGNATED
SNOW ROUTES:
Consent
Agenda
Ordinance
T-2-04
PAGE FOUR
155
4/5/04
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to amend Title 7, Chapter 9
"Vehicle Immobilization and Impoundment for Violations"
of the City Code to eliminate the requirement that notice
of impending vehicle immobilization (boot) be sent by
certified mail, return receipt requested; and further
recommend to place on First Reading Ordinance M-18-04,
AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND
TRAFFIC" CHAPTER 9, "VEHICLE IMMOBILIZATION AND
IMPOUNDMENT FOR VIOLATIONS" SECTION 2, "ELIGIBILITY FOR
IMMOBILIZATION AND IMPOUNDMENT" OF THE DES PLAINES CITY
CODE. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Des Plaines Job Evaluation Committee
to amend Title 1, Chapter 8, Section 4, Schedule I -
"Public Safety Personnel-Unionized" of the City Code to
add a new position of Principal Shift Specialist within
the Emergency Communications Center (9-1-1) with a salary
range of Step 1 (Minimum) -$44,135 to Step 7 (Maximum) -
$59,145; and further recommend to place on First Reading
Ordinance M-19-04, AN ORDINANCE AMENDING TITLE 1
"ADMINISTRATIVE," OF CHAPTER 8 "POSITION CLASSIFICATION
AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN
TO THE CITY SERVICE" FOR SCHEDULE I, "PUBLIC SAFETY
PERSONNEL-UNIONIZED," TO ADD THE NEW POSITION OF
PRINCIPAL SHIFT SPECIALIST IN THE DES PLAINES CITY CODE.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to amend Title 10 "Building
Regulations," Chapter 1, Section 9 "Adoption of
Illinois State Plumbing Code" of the City Code to amend
the City's sewer use ordinance as required by the
National Pollutant Discharge Elimination System Combined
Sewer Overflow Program regarding inf low to the combined
and sanitary sewer systems; and further recommend to
place on First Reading Ordinance M-20-04, AN ORDINANCE
AMENDING TITLE 10, "BUILDING REGULATIONS" CHAPTER 1,
"BUILDING CODE" SECTION 9, "ADOPTION OF ILLINOIS STATE
PLUMBING CODE" OF THE DES PLAINES CITY CODE. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Say ad, seconded by Beauvais, to concur with
Staff recommendation to grant request to permit
installation of an underground sprinkler system in the
City-owned right-of-way adjacent to property located at
291 Stratford Lane; Mayor and City Clerk be authorized
to execute necessary license agreement; and further
recommend to place on First Reading Ordinance M-21-04,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY
LICENSE AGREEMENT WITH PROPERTY OWNER FRED LINSTROM FOR
THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM
IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 2 91 STRATFORD
LANE, DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Des Plaines Staff Traffic Advisory
Committee (STAC) to amend Title 7, Chapter 3, Section 3 -
"Parking During Snow Removal Operations" of the City Code
to add the following streets as designated snow routes:
Dursey Lane/Callen Lane/Castlerea Lane/Longford Ori ve
(one continuous loop through Longford Glen Development);
Meadow Ori ve in Moehling Farms Development; Berkshire
Lane east of Wolf Road; and further recommend to place
on First Reading Ordinance T-2-04, AN ORDINANCE AMENDING
TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER 3,
"STOPPING, STANDING AND PARKING" SECTION 3, "PARKING
DURING SNOW REMOVAL OPERATIONS" OF THE CITY OF DES
PLAINES CITY CODE. Motion declared carried as approved
unanimously under Consent Agenda. ~
PARKING
RESTRICTION/
GOOD AVE.:
Consent
Agenda
Ordinance
T-3-04
PARKING
RESTRICTION/
ORCHARD CT . :
Consent
Agenda
Ordinance
T-4-04
PARKING
ENFORCEMENT
AGREEMENTS:
Consent
Agenda
Resolutions
R-32-04
through
R-47-04
ENGRG. SVS./
2004 CAPITAL
IMPV. PROG. :
Consent
Agenda
Resolution
R-48-04
PARKING PAD
VARIATION/
755
YORKSHIRE:
PAGE FIVE
156
4/5/04
Moved by Sayad, seconded by Beauvais, to concur with
recommendation of Des Plaines Staff Traffic Advisory
Committee to amend Title 7, Chapter 3, Section 3
"Parking Prohibited in Designated Places," Schedule I of
the City Code to prohibit parking on either side of Good
Avenue between Emerson Street and Church Street; and
further recommend to place on First Reading Ordinance T-
3-04, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND
TRAFFIC" CHAPTER 3, "STOPPING, STANDING AND PARKING"
SECTION 3, "PARKING PROHIBITED IN DESIGNED PLACES" OF THE
CITY OF DES PLAINES CITY CODE. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur wi t h
recommendation of Des Plaines Staff Traffic Advisory
Committee to amend Title 7, Chapter 3, Section 7-3-3 -
"Parking Prohibited in Designated Places," Schedule I of
the City Code to delete no parking on the east side of
Orchard Court from Greenview Avenue to a point 175 feet
north thereof, and add no parking on the west side of
Orchard Court from Greenview Avenue to a point 265 feet
north thereof; and further recommend to place on First
Reading Ordinance T-4-04, AN ORDINANCE AMENDING TI TL E 7 ,
"MOTOR VEHICLES AND TRAFFIC" CHAPTER 3, "STOPPI NG ,
STANDING AND PARKING" SECTION 3, "PARKING PROHIBITED IN
DESIGNATED PLACES" OF THE CITY OF DES PLAINES CITY CODE.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute Agreement for Enforcement of
Municipal Ordinances on Private Property for police,
traffic and parking enforcement for the followi ng
properties and adopt the necessary resolutions:
RESOLUTION R-32-04 -1354 Washington Street
RESOLUTION R-33-04 -1301 Lee Street
RESOLUTION R-34-04 -254 Laurel Avenue
RESOLUTION R-35-04 -2950 S. River Road
RESOLUTION R-36-04 -480-784 Fifth Court
RESOLUTION R-37-04 -1755 S. Wolf Road
RESOLUTION R-38-04 -1032 Lee Street
RESOLUTION R-39-04 -1033 Graceland Avenue
RESOLUTION R-40-04 -766 Graceland Avenue
RESOLUTION R-41-04 -444 Lee Street
RESOLUTION R-42-04 -3003 Mannheim Road
RESOLUTION R-43-04 -1750 S. Elmhurst Road
RESOLUTION R-44-04 -1551 E. Touhy Avenue
RESOLUTION R-45-04 -959 E. Oakton Street
RESOLUTION R-46-04 -2200-2400 Devon Avenue
RESOLUTION R-47-04 -1701 S. Winthrop Drive
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to accept proposal from American
GeoEngineering, Inc., 1775-C Cortland Court, Addison, IL
60101, to perform Geotechnical Engineering Services for
2004 Capital Improvements Program in the amount of
$31,440/MFT Funds, Section 04-00000-00-GM; and further
recommend to adopt Resolution R-48-04, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS,
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
AMERICAN GEOENGINEERING, INC. AND THE CITY OF DES PLAINES
FOR GEOTECHNICAL ENGINEERING SERVICES TO BE PERFORMED FOR
THE 2004 CAPITAL IMPROVEMENT PROGRAM AT A COST NOT TO
EXCEED $31,440, FUNDED FROM THE MOTOR FUEL TAX FUND (04-
00000-00-GM) . Motion declared carried as approved
unanimously under Consent Agenda.
Alderman Smith stated that several neighbors are in
opposition to the proposed parking pad at 755 Yorkshire
so he would like this matter held for further discussion.
755 YORKSHIRE
(Cont'd.)
PURCHASE/
POLICE
VEHICLE:
Consent
Agenda
PURCHASE/
SOFTWARE-
PRINTERS
POLICE
DEPARTMENT:
Consent
Agenda
BID AWARD/
GAS AND
DIESEL FUEL:
Consent
Agenda
BID AWARD/
PARKWAY TREE
& STUMP
REMOVAL:
Consent
Agenda
BID AWARD/
TREE
TRIMMING:
Consent
Agenda
BID AWARD/
VENT CLEAN.
POLICE DEPT. :
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
PAGE SIX
157
4/5/04
Moved by Christiansen, seconded by Sayad, to POSTPONE
until April 19, 2004, discussion on the request for a
Parking Pad Variation for property located at 755
Yorkshire Lane. Motion declared carried.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to accept proposal from Bob Ridings
Ford, 931 Springfield Road, Taylorville, IL 62568, for
purchase of One (1) 2004 Ford Explorer, which is a
replacement vehicle for the detectives assigned to the
U.S. Customs Narcotics and Money Laundering Task Force,
in the amount of $20,845/State Police Asset Forfeiture
Account (no City money). Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to accept proposal from Advanced
Public Safety, 500 Fairway Drive, Suite 204, Deerfield
Beach, FL 33441, for purchase of software/printers for
Racial Profiling Data Collection Program as mandated by
the State of Illinois, in the amount of $39,271.25/U.S.
Customs Asset Forfeiture Account; and Mayor and City
Clerk be authorized to execute all necessary documents.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation and award bid for Purchase and
Delivery of Gas and Diesel Fuel to the lowest bidder,
Avalon Petroleum, 7601 W. 191st Street, Tinley Park, IL
60477, for the over average price of $0.017 for lead-free
gasoline and $0.023 for diesel fuel/Budgeted Funds.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to award bid for Parkway Tree and
Stump Removal to the lowest bidder, Robert W.
Hendricksen, 2131 S. Foster Avenue, Wheeling, IL 60090,
at a cost of $15 for 15"-24" dia. trees; $17.48 for 25"-
31" dia. trees; $19.24 for 31"-36" dia. trees; $21.24 for
37" and up dia. trees; $85 for labor; $55 for equipment;
$55 for aerial truck; and $55 for loader/all costs are
from Budgeted Funds. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to award bid for Tree Trimming to
the lowest bidder, Robert W. Hendricksen, 2131 S. Foster
Avenue, Wheeling, IL 60090, at a cost of $10 for 3"-12"
dia. trees; $25 for 13"-24" dia. trees; $38 for 25"-36"
dia. trees; $55 for 37"-48" dia. trees; $55 for 49" and
up dia. trees; $85 for labor; $55 for equipment; $55 for
aerial truck; and $55 for loader/all costs are from
Budgeted Funds. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to award bid for Vent Cleaning at
Police Department to the lowest bidder, Indoor Air
Technologies, Inc., 33 W. Main Street, Victor, NY 14564,
in the total bid amount of $16,500/Budgeted Funds.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Prairie Avenue Guardrail
Replacement along Prairie-Farmer Creek, returnable by
3:00 p.m., Wednesday, May 5, 2004. Motion declared
carried as approved unanimously under Consent Agenda.
ADVERTISING
(Cont'd. )
ORDINANCE
M-13-04
JOB RECLASS./
PUBLIC WORKS:
Consent
Agenda
ORDINANCE
M-14-04
PLAN COMM.
RULES AMEND . :
Consent
Agenda
ORDINANCE
M-15-04
CURFEW ORD.
AMENDMENT:
Consent
Agenda
ORDINANCE
Z-12-04
PUD & PLAT/
2200-2400
DEVON:
Consent
Agenda
RESOLUTION
R-50-04
OPERATION
HOME FRONT
CARE:
Consent
Agenda
APPOINTMENTS/
REAPPOINT . :
Consent
Agenda
PAGE SEVEN
158
4/5/04
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Water System Leak Detection
Survey, returnable by 3:00 p.m., Wednesday, May 5, 2004.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for 2004 Street and Utility
Improvements Contract A, returnable by 3: 00 p. m.,
Wednesday, April 21, 2004. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for 2004 Street and Utility
Improvements Contract B, returnable by 3: 00 p .m.,
Wednesday, April 21, 2004. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to adopt Ordinance
M-13-04, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE,"
OF CHAPTER 8 "POSITION CLASSIFICATION AND COMPENSATION
PLAN," SCHEDULE III "UNIONIZED PERSONNEL TECHNICAL,
ENGINEERING AND INSPECTION GROUP," OF THE CITY CODE OF
DES PLAINES, TO RE-NAME AND RE-CLASSIFY "KEEP DES PLAINES
BEAUTIFUL COORDINATOR" AS "ENVIRONMENTAL SERVICES
COORDINATOR." Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to adopt Ordinance
M-14-04, AN ORDINANCE AMENDING TITLE 2, "BOARD AN D
COMMISSIONS" CHAPTER 2, "PLAN COMMISSION" BY ADDING
SECTION 5, "HEARINGS AND RULES" TO THE DES PLAINES CITY
CODE. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to adopt Ordinance
M-15-04, AN ORDINANCE AMENDING TITLE 6, "POLICE
REGULATIONS" CHAPTER 3, "CHILDREN AND MINORS" SECTION 4,
"CURFEW" OF THE DES PLAINES CITY CODE. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to adopt Ordinance
Z-12-04, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A
FINAL PLANNED UNIT DEVELOPMENT (PUD), A PERMITTED
EXCEPTION IN ACCORDANCE WITH SECTION 3.5 OF THE CITY OF
DES PLAINES ZONING ORDINANCE AND APPROVAL OF FINAL PLAT
OF RESUBDIVISION LOCATED AT 2200-2400 DEVON AVENUE, DES
PLAINES, ILLINOIS (CASE 04-01-PUD) . Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to adopt Resolution
R-50-04, A RESOLUTION AUTHORIZING THE INSTITUTION OF THE
DES PLAINES OPERATION HOME FRONT CARE PROGRAM. Motion
declared carried as approved unanimously under Consent
Agenda.
Presented for consideration (no action required) were the
following Mayoral appointments/reappointments:
Appointments:
SPECIAL EVENTS COMMISSION
Gayle Mountcastle, replacing Doug Hubbard
Richard Gravesmill, replacing Dan Tomko
Reappointments:
CIVIL SERVICE COMMISSION -Ellen Yearwood
ECONOMIC DEVELOPMENT COMMISSION
Barry Collins, Tom Green, Ramon Sanchez, Chuck Van Hyning
(final action on these matters under Consent Agenda on
April 19, 2004)
ORDINANCE
M-19-04
NEW JOB
CLASSIFICA./
9-1-1:
ORDINANCE
M-20-04
AMENDMENTS/
SEWER USE
ORDINANCE:
ORDINANCE
M-21-04
LIC. AGREE./
291
STRATFORD:
ORDINANCE
T-3-04
PARKING
RESTRICTION/
GOOD AVE.:
ORDINANCE
T-4-04
PARKING
RESTRICTION/
ORCHARD CT . :
WARRANT
REGISTER:
PAGE EIGHT
159
4/5/04
Moved by Beauvais, seconded by Sayad, to advance to
Second Reading and adopt Ordinance M-19-04, AN ORDINANCE
AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 8 "POSITION
CLASSIFICATION AND COMPENSATION PLAN," SECTION 4
"CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE
I, "PUBLIC SAFETY PERSONNEL-UNIONIZED," TO ADD THE NEW
POSITION OF PRINCIPAL SHIFT SPECIALIST IN THE DES PLAINES
CITY CODE. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Christiansen, seconded by Sayad, to advance to
Second Reading and adopt Ordinance M-20-04, AN ORDINANCE
AMENDING TITLE 10, "BUILDING REGULATIONS" CHAPTER 1 ,
"BUILDING CODE" SECTION 9, "ADOPTION OF ILLINOIS STATE
PLUMBING CODE" OF THE DES PLAINES CITY CODE. Upon roll
call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Smith, seconded by Sayad, to advance to Second
Reading and adopt Ordinance M-21-04, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE
AGREEMENT WITH PROPERTY OWNER FRED LINSTROM FOR THE
INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN
THE PUBLIC RIGHT-OF-WAY IN FRONT OF 291 STRATFORD LANE ,
DES PLAINES, ILLINOIS. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Beauvais, seconded by Sayad, to advance to
Second Reading and adopt Ordinance T-3-04, AN ORDINANCE
AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER
3, "STOPPING, STANDING AND PARKING" SECTION 3, "PARKING
PROHIBITED IN DESIGNATED PLACES" OF THE CITY OF DES
PLAINES CITY CODE. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Murphy, seconded by Sayad, to advance to Second
Reading and adopt Ordinance T-4-04, AN ORDINANCE AMENDING
TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER 3,
"STOPPING, STANDING AND PARKING" SECTION 3, "PARKING
PROHIBITED IN DESIGNATED PLACES" OF THE CITY OF DES
PLAINES CITY CODE. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION Alderman Sayad, Chair
Moved by Murphy, seconded by Christiansen, that Voucher
#101315 -Christopher B. Burke Engineering, in the amount
of $2,840 be removed from the Warrant Register and held
until April 19; and approve April 5, 2004 -Warrant ~
WARRANT
(Cont'd. )
STATUS OF NEW
FIRE STATION/
LEE STREET &
PROSPECT
AVENUE:
PAGE NINE
160
4/5 /04
Register, AS AMENDED, in the total amount of
$5,164,954.61; and further recommend that Resolution R-
49-04 be adopted at appropriate time this evening.
Motion declared carried.
PUBLIC SAFETY -Alderman Beauvais, Chair
Ms. Carol A. Sente, Principal, Sente, Rubel, Bosman, Lee
Architects, Ltd., 1935 Raymond Ori ve, Northbrook, IL
60067, the City's architectural consultants for the
proposed new Fire Department Headquarters at Lee Street
and Prospect Avenue. Ms. Sente reviewed her letter of
March 29, 2004, regarding her firm's participati on in
this project, and answered questions from the aldermen.
Alderman Brookman stated that the City should c onside r
doing a Resource and Facility Deployment Study, which is
out of Sente' s scope of expertise. Alderman Brookman
provided City Clerk McAllister with documents regarding
this Study and asked that it be sent to all the aldermen.
Mrs. Virginia McGrath, 586 N. Seventh Avenue, address e d
the Committee of the Whole stating that there is a need
for a new fire station; more paramedics; more ambulances;
the Library referendum failed twice and now we h a ve a
Library that is the envy of the North Suburban Lib rary
System with a professional board and staff; thi s was done
because of the foresightedness of you -our leaders; thi s
is something that is needed.
Ms. Cindy Ciero, 2591 Parkwood Lane, addressed the
Committee of the Whole stating that the last speaker is
right -we need more ambulances, more equipment; why
can't we have two (2 ) fire houses, one (1 ) north and one
(1) south to take care of the whole Ci ty; where i s the
money coming from?; take some time; l ook at this .
Des Plaines Firefighter Colin Carroll addressed the
Committee of the Whole stating that if the City does the
study and if it shows we need more men, a larger building
or two ( 2) more stations, he hopes Alderman Brookman
supports that with the same zeal that she did for t he
referendum.
Mr. David Hall, 1363 S. Wolf Road, addressed the
Committee of the Whole stating that he is not saying no
to a new station just don't put it there at Lee and
Prospect; maybe if it was a smaller station but not for
a station this size; put it on the Mancari property; on
a major thoroughfare.
Mrs. Cheryl Hurtenbach, 1212 Prospect Avenue, addressed
the Committee of the Whole stating a study would provide
a recommendation for staffing; it could increase our ISO
rating; now is the time for such a study; we want you to
reevaluate this project.
Ms. Mary Rohde, 1718 Webster Lane, addressed the
Committee of the Whole stating this is a defining moment
in Des Plaines politics; 26 out of 31 precincts voted no
on a new station at Lee and Prospect; she hopes the
aldermen listen to the people; how can you ignore the
people?
Mr. Andy Samborski, 2108 Sherwin Avenue, addressed the
Committee of the Whole stating that you should vote with
your heart if you believe in what you are doing.
Mr. Dan Gillespie, 1469 Prospect Avenue, addressed the
Committee of the Whole stating that this station needs
to be built; make your choice.
FIRE STATION
(Cont'd. )
PAGE TEN
161
4/5/04
Ms . Tricia Nelson, 1109 Stockton Avenue , addressed the
Committee of the Whole stating that she wants to thank
all the voters who gave a resounding no; this was a
strong indication that the voters do not want t he station
at this location; take the time to do a study b e f ore you
proceed; look at the possibility of doing two (2) smaller
stations.
Mr. Edward Ekman, 1101 Prospect Lane, addressed t he
Committee of the Whole asking how many 42 ,000 sq. ft.
facilities and at what cost has Sente built in this area .
Ms. Carol Sente said that their fees are ext remely
competitive; they have not built any as l arge a s this
one. Mr. Ekman stated that what they want t o see is what
is right for the firemen.
Mr. Vince Powers, 862 Webster Lane, addressed the
Committee of the Whole stating that the bottom l ine is
that citizens of Des Plaines have made their wishes known
to you; 50 of 63 precincts voted no against the fi r e
station; they have sent a clear message to you t o not
have the station there; they told you how they felt ; it
would be a real injustice to overturn the people's vote ;
an independent study i s needed.
Mr. Bob Leipzig, 2080 Webster Lane , addressed t he
Committee of the Whole stating that this has been planned
for the past two ( 2) years; it would be a waste of
taxpayers' money if this is scraped now; the study is
just another stall tactic by those who oppose the
station; they would still be against it if the study came
back that it should be at Lee and Prospect; the site wa s
chosen for its strategic value.
Mr. Ted Sherwood, 67 5 Pearson Street , addressed the
Committee of the Whole stating that he i s a 40-ye ar
resident; he doesn't know the answers t o a ll the
questions; he assumes the aldermen do know; you don't
have to do what a particular citizen or group of citizens
want you to do; support the fire station where it is
proposed.
Mr. Doug Hubbard, 1435 Second Avenue, addressed the
Committee of the Whole stating that you are morally and
legally bound to provide the best fire service to the
citizens of Des Plaines; let your decision be what i s in
the best interest of the citizens.
Mr. Eldon Burk, 661 Walnut Court, addressed the Committee
of the Whole stating that you have worked over 2-1/2
years on this project; it is ludicrous to think that we
can be informed in just a few weeks of all the knowledge
that you have acquired in 2-1/2 years; you will not do
what is best for the City if you have to go t o a
referendum for every issue.
Mr. Richard Ahlman, 330 Columbia Avenue, addressed the
Committee of the Whole stating that you should make sure
that what you do is best for the City.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole stating that under the U.S .
Cons ti tut ion we have a right to bring up any kind of
referendum that we want; he is a member of a tax
organization and he has reviewed the costs of this
project; many taxes were proposed to pay for thi s
station; 28% of registered voters turned out -seven (7)
out of eight (8) Wards voted no; the City should have
listened to the people years ago so a referendum would
not have been necessary.
Mr. Norman Becker, 1491 Ashland Avenue, addressed the
Committee of the Whole stating that you should build a
building that is practical; not a multi-use bu i lding.~
FIRE STATION
(Cont'd. )
APPROVAL OF
CONSTRUCTION
MANAGER/
LEE ST. AND
PROSPECT:
162
4/5/04
PAGE ELEVEN
Mr. Steve Schaefer, 835 Pearson Street, addressed the
Committee of the Whole stating that he thinks all the
aldermen do a wonderful job for the City; it i s a
thankless job; you have given your time and effort to
this City; it is a shame that it has come to threats of
reelection; you have to think of the future; it is going
to be a nice looking building; it is going to be nicely
landscaped; there is no location that is going to please
everyone.
Mr. Mark Larsen, 1951 Webster Lane, addressed the
Committee of the Whole stating that precincts al l over
the City voted it down; the fire station is too big; we
need more answers.
Mrs. Gloria Keane, 2048 Webster Lane, addressed the
Committee of the Whole stating that you have all these
department heads who are valued people; take their
opinion and value it; we need more position reaction in
our City; let's quit all this negativism and work
together; the aldermen have worked very hard.
Mrs. Linda Caruth, 1868 Bennett Place, addressed the
Committee of the Whole stating that she would like to
thank her committee, Friends of the Fire Department, for
all their hard work; this was an advisory referendum; you
were elected to lead, not follow.
Alderman Argus stated that we should work together and
not throw mud on one another.
Alderman Smith stated that we are elected to make
decisions based on what residents tell us but also other
issues; this is the right location for this fire station
and it is the right size, but he is a little hesitant to
proceed without the City's support and more information ,
i.e. maybe an independent study; it is important that the
public support what we are doing.
Alderman Brookman stated that she wishes the aldermen
would respect the wishes of the voters and do a study;
she trusts that the right thing will be done tonight for
all the people.
Alderman Sayad stated that there were 17 to 18 meetings
on the fire station; everything was done properly; we are
looking to the future; we have to depend on our
professional people.
Assistant City Manager-EDC Director Schneider reviewed
the Staff procedure in finding a construction manager for
the new fire station (outlined in detail in memo from him
and the Fire Department Staff, dated February 5, 2004 );
the Staff unanimously recommends the selection of Pepper
Construction of Barrington, Illinois, as the construction
manager at a fee of 5% of construction costs, estimated
to be $6,936,345.
Motion by Alderman Brookman to recommend to the City
Council that the City NOT select Pepper Construction as
the construction manager for the new fire station died
for lack of a second.
Moved by Beauvais, seconded by Argus, to concur with
Staff recommendation and recommend to the City Council
that the City select Pepper Construction, 411 Lake Zurich
Road, Barrington, IL 60010, to provide Construction
Manager Services for Fire Station #2 Headquarters, Lee
Street and Prospect Avenue, in the amount of 5% of the
construction costs; and the Mayor and City Clerk be
authorized to execute all necessary documents.
Mr. Edward Ekman, 1101 Prospect Lane, addressed
Committee of the Whole questioning the contents of
documents and asked for clarification.
the
the
~
CONST. MGR.
(Cont'd. )
ORDINANCE
M-16-04
DOUBLE
PERMIT FEE
(FINES) :
PAGE TWELVE
163
4/5/04
Alderman Smith stated that he supports the station but
we need the public support; the referendum clearly showed
that the public support was not there; we need to be
convinced that this station is right.
SUBSTITUTE MOTION by Alderman Brookman to recommend to
the City Council to DEFER the selection of a construction
manager for the new fire station until a Resource and
Facility Deployment Study be done died for lack of a
second.
Moved by Argus, seconded by Sayad, to call for the
question. Motion declared carried. Alderman Brookman
voted no.
MOTION DECLARED FAILED ON THE ORIGINAL MOTION, Aldermen
Beauvais, Christiansen, Becker, Argus voted yes; Aldermen
Murphy, Sayad, Brookman, Smith voted no; a tie vote i s
a failed vote.
Moved by Smith, seconded by Sayad, to recommend to the
City Council to DEFER the selection of a construction
manager for the new fire station until the City hires an
outside consultant to do a study.
Alderman Becker asked Alderman Brookman that if the study
comes back with the recommendation that the fire station
be built at Lee Street and Prospect Avenue, will she
support it. Alderman Brookman said yes.
MOTION DECLARED FAILED. Aldermen Sayad, Brookman, Smith
voted yes; Aldermen Beauvais, Christiansen, Murphy,
Becker, Argus voted no.
Moved by Murohv, seconded by Smith, to recommend to the
City Council to refer the matter of the selection of a
construction manager for the new fire station BACK TO
STAFF for four (4) months to develop a process for moving
forward with the fire station, for discussion at a future
meeting.
Moved by Beauvais, seconded by Murphy, to call for the
question. Motion declared carried. Alderman Brookman
voted no.
MOTION DECLARED FAILED. Aldermen Murphy, Sayad,
Brookman, Smith voted yes; Aldermen Beauvais,
Christiansen, Becker, Argus voted no; a tie vote is a
failed vote.
Motion by Alderman Brookman to recommend to the City
Council that the City move ahead with the Resource and
Facility Deployment Study for an appropriate location and
size for the new fire station DIED FOR LACK OF A SECOND.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Smith, seconded by Murphy, to adopt Ordinance
M-16-05, AN ORDINANCE AMENDING TITLE 10, "BUILDING
REGULATIONS" CHAPTER 2, "BUILDING PERMITS AND FEES" OF
THE DES PLAINES CITY CODE. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
ORDINANCE
M-22-04
VEHICLE
STICKER FEES:
ORDINANCE
Z-13-04
PUD & CONDIT.
USE/1050
OAKTON ST.:
ORDINANCE
M-17-04
VACATION OF
TIMES DRIVE:
WARRANT
REGISTER:
Resolution
R-49-04
APPROVAL OF
CONSTRUCTION
MANAGER/
LEE ST. AND
PROSPECT:
PAGE THIRTEEN
164
4/5 /04
Moved by Sayad, seconded by Murphy, to place on First
Reading Ordinance M-22-04. Motion declared carried.
Alderman Smith requested that the record show that he is
voting no on the change in fee for motorcycles and the
change in fee for antique vehicles.
Moved by Sayad, seconded by Becker, to advance to Second
Reading and adopt Ordinance M-22-04, AN ORDINANCE
AMENDING TITLE 7 "MOTOR VEHICLES AND TRAFFIC," OF CHAPTER
1 "VEHICLE LICENSES" OF THE CITY CODE OF DES PLAINES.
Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried. Alderman Smith requested that
the record show that he is voting no on the change in fee
for motorcycles and the change in fee for antique
vehicles.
Moved by Becker, seconded by Sayad, to adopt Ordinance
Z-13-04, AN ORDINANCE GRANTING A REQUEST FOR FINAL
APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) AND
CONDITIONAL USE FOR HEIGHT VARIATION TO DEVELOP A 300-
UNIT CONGREGATE LIVING FACILITY AT THE PROPERTY COMMONLY
KNOWN AS 1050 OAKTON STREET (CASE 00-68-PUD-CU ) . Upon
roll call, the vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 2-Beauvais, Brookman
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Sayad, to adopt Ordinance
M-17-04, AN ORDINANCE FOR THE VACATION OF THE TIMES DRIVE
RIGHT-OF-WAY (INCLUDING AN EASEMENT) IN ACCORDANCE WIT H
THE RIVIERA SENIOR RESIDENTIAL PROJECT. Upon roll call,
the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-49-04, 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:
$ 5, 164, 954. 61 -AS AMENDED. Upon roll call, the vote
was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Beauvais, seconded by Becker, to concur with
Staff recommendation that the City select Pepper
Construction, 411 Lake Zurich Road, Barrington, IL 60010,
to provide Construction Manager Services for Fire Station
#2 Headquarters, Lee Street and Prospect Avenue, in the
amount of 5% of the construction costs; and the Mayor and
City Clerk be authorized to execute all necessary
documents. Upon roll call, the vote was:
AYES: 4-Beauvais, Christiansen, Becker, Argus
NAYS: 5-Murphy, Sayad, Brookman, Smith, Arredia
ABSENT: 0-None
MOTION DECLARED FAILED.
Moved by Beauvais, seconded by Sayad, to TABLE further
discussion on the selection of a construction manager for
the Fire Station #2 Headquarters, Lee Street and Prospect
Avenue. Motion declared carried. Alderman Brookman
voted no. ~
ADJOURNMENT:
APPROVED
DAY OF
PAGE FOURTEEN
165
4/5 /04
Moved by Christiansen, seconded by Murphy, that the
regular meeting of the City Council adjourn . Motion
declared carried. Meeting adjourned at 12:25 a.m .
Donna McAllister, MMC CITY CLERK
2004