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03-21-2005050 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, MARCH 21, 2005 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 21, 2005. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Murphy, Sayad, Becker, Smith and Argus. Aldermen Christiansen and Brookman were absent. Alderman Christiansen arrived at 7:04 p.m. Also present were: City Manager Niemeyer, Director of Finance Egeberg, Police Chief Prandini, Fire Chief Heavey, Director of Engineering Oakley, Director of Public Works Dusckett, Deputy Director of Community & Economic Development Angell, Assistant to the City Manager Palm, Assistant City Attorney Bartel and City Attorney Wiltse. PRAYER AND PLEDGE: PRESENTATION: CITIZEN PARTICIPA. : The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance. Mayor Arredia and Alderman Argus introduced Linda Forman, Special Events Commission Chairman, and commended her for recently receiving the Des Plaines Elks Lodge's "Citizen of the Year" Award. Mayor Arredia introduced Jim Wozny, New Year's Eve Celebration Chairman, who presented Plaques of Appreciation to R. Franczak & Associates, Norwood Builders and Joseph Freed & Associates/Tucker Development Corporation for their generous donations which made the "New Year's Eve on the Plaza" such a success. Mayor Arredia and Alderman Becker introduced Rodney Yourist and presented him with a plaque acknowledging his years of service on the Des Plaines Zoning Board of Appeals from July 19, 1993 to February 22 , 2 005. Mayor Arredia introduced Steve Friedman, President of S. B. Friedman & Company, the developer of the Des Plaines Library Plaza, and the Vice President of the Illinois Chapter of the American Planning Association, who presented to the City their 2002 Honorable Mention Award for its Des Plaines Library Plaza Project in recognition of a bold vision that succeeded as a result of its evolution and the persistence of those implementing it. Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council stating that the City recently purchased a software program and maintenance service for City vehicle stickers; he agrees that everyone should buy a sticker and the City should collect them all, but you would need 183 new sticker purchases to pay for the software and maintenance cost; also letters were sent out which also cost a lot of money; how do you figure that this was a good venture? Director of Finance Egeberg said the City uses a list provided by the Secretary of State which has proved financially very beneficial to the City. Mr. Jim Ryan, 4 68 Ambleside Road, addressed the City Council stating that he has lived here 20 years and has 25 years of experience in the insurance business; he doesn't believe the recent action by the City Council regarding the City's health insurance was handled properly; why wasn't there a public bid on this?; the pool was ill advised and now the taxpayers will have to foot the bill; you would never see this happening in the private sector. rP CITIZEN (Cont'd. ) COST OF FACADE/ SR. CENTER 52 N. W. HWY . ; ICMA NATIONAL CITIZEN SURVEY: CONSENT AGENDA: MINUTES: Consent Agenda WAIVE OR REDUCE PERF. BOND REQUIRE.: Consent Agenda Ordinance M-12-05 PAGE TWO 051 3/21/05 Mrs. Noreen Lake, President of the Des Plaines Public Library Board of Trustees, addressed the City Council stating that the Third Annual "Do the Dewey" will be held at the Library from 7:00 p.m. to 10:00 p.m. on Saturday, April 16, 2005; the evening will include food and drinks, live music, entertainment, interactive programs, and a raffle; the cost is $35, dress is business casual, and everyone is invited to attend. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that he is also concerned about the recent changes to the City's health insurance program; the report from Price Waterhouse should be reevaluated; the residents are owed an explanation. Alderman Becker requested that the facade cost for the new Charles Frisbie Senior Center, 52 E. Northwest Highway, be placed on a future Committee of the Whole meeting for discussion by the City Council. Moved by Smith, seconded by Murphy, to POSTPONE until April 18, 2005, the matter of ICMA National Citizen Survey scheduled to be discussed under Committee of the Whole later in the meeting. Motion declared carried. City Clerk McAllister requested that Items 5 and 5a be removed from the Consent Agenda. Moved by Sayad, seconded by Beauvais, to establish a Consent Agenda except for Items 5 and Sa. Motion declared carried. Moved by Becker, seconded by Murphy, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinance M- 11-05 was adopted; Ordinances M-12-05, M-13-05 and Z-4-05 were placed on First Reading; and Resolutions R-39-05, R-40-05, R-41-05 and R-43-05 were adopted. Moved by Becker, seconded by Murphy, to approve minutes of the regular meeting of the City Council held March 7, 2005, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Murphy, to approve minutes of the Executive Session of the City Council meeting held March 7, 2005. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Murphy, to concur with Staff recommendation to amend Title 1, Chapter 10 -"Purchasing Policies and Guidelines," Section 1-10-12 -"Performance and Payment Bonds" of the City Code that the City Manager or his/her designee may, in the best interest of the City, be authorized to waive or reduce the performance bond requirement on all service contract bids (no construction contracts); and further recommend to place on First Reading Ordinance M-12-05, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 10, "PURCHASING POLICIES AND GUIDELINES," SECTION 12, "PERFORMANCE AND PAYMENT BONDS," OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. ESTABLISH POSITION OF COMMUNITY PLANNER: Consent Agenda Ordinance M-13-05 VACATION OF PUBLIC STREETS & ALLEYS: Ordinance M-14-05 ZONING CASE 05-07-A MAP AMEND./ 20 S. D.P. RIVER RD.: Consent Agenda Ordinance Z-4-05 WIRELESS PAGER SVS. AGREEMENT/ ARCH WIRELESS: Consent Agenda Resolution R-39-05 PUBLIC IMPROVEMENTS/ 643 & 649 JARVIS: Consent Agenda Resolution R-40-05 PAGE THREE 052 3/21/05 Moved by Becker, seconded by Murphy, to concur with recommendation of Des Plaines Job Evaluation Committee and the Civil Service Commission to amend Title 1, Chapter 8, Section 4 -"Classification Plan to the City Service" of the City Code to establish a new position of Community Planner in the Community and Economic Development Department with a salary range of $49,193 - Minimum, $57,872 -Midpoint, and $66,553 -Maximum; and further recommend to place on First Reading Ordinance M- 13-05, AN ORDINANCE AMENDING TITLE 1 "ADMINISTRATIVE," OF CHAPTER 8 "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE V-A, "TECHNICAL, ENGINEERING AND INSPECTION PERSONNEL-UNIONIZED," TO ADD THE NEW POSITION OF COMMUNITY PLANNER IN THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Christiansen, to refer back to Staff for further review the matter of the City complying with the Illinois Legislature's amendment to the section of the Illinois Municipal Code controlling the vacation of public streets and alleys within municipalities, i.e. the legal description or permanent index number of the particular parcel or parcels of property acquiring title to the vacated property shall be provided; and the placing on First Reading of Ordinance M-14-05. Motion declared carried. Moved by Becker, seconded by Murphy, to concur with recommendation of Des Plaines Plan Commission, re Zoning Case 05-07-A, to grant request to approve rezoning from M-1 Limited Manufacturing District to C-3 General Commercial District for property located at 20 S. Des Plaines River Road; contingent upon petitioner obtaining a building permit and commencing construction of the proposed commercial building within one (1) year of final approval by the City Council, or the zoning classification will revert back to M-1 Limited Manufacturing District; and further recommend to place on First Reading Ordinance Z-4-05, AN ORDINANCE GRANTING A REQUEST FOR A MAP AMENDMENT FROM M-1 LIMITED MANUFACTURING TO C-3 GENERAL COMMERCIAL AT 20 SOUTH RIVER ROAD, DES PLAINES, ILLINOIS (Case 05-07-A). Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Murphy, to concur with Staff recommendation that Fire Chief be authorized to execute "Sales and Service Agreement" with Arch Wireless, Wireless Department Services, 350 Automation Way, Birmingham, AL 35210, to provide 2005 Wireless Pager Services for the Fire Department in the amount of $10,078.08 (same pricing structure since 2001); it would be in the best interest of the City that usual bid procedures be waived; and further recommend to adopt Resolution R-39-05, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DES PLAINES AND ARCH WIRELESS FOR WIRELESS PAGER SERVICES FOR THE FIRE DEPARTMENT /EMA. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Murphy, to concur with Staff recommendation to accept Public Improvements for Delgado's Eighth Resubdivision, 643 and 649 Jarvis Avenue, which include storm sewer, sidewalks, driveway aprons and parkway trees; authorize release of surety in the amount of $4,585.50 (cash warranty of $509.50 will be held for 18 months); and further recommend to adopt Resolution R-40-05, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR THE DELGADO'S EIGHTH RESUBDIVISION AT 643 AND 649 JARVIS AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. GRANT/ 2005 TOBACCO ENFORCEMENT OPERATIONS: Consent Agenda Resolution R-41-05 EXT. OF TIME/ FINAL PLAN, WATER'S EDGE CONDO PROJ. : Consent Agenda Resolution R-43-05 TAXICAB LIC./ BETTER RIDE: Consent Agenda ENGINEERING CONSUL. SVS./ SALT DOME: Consent Agenda PURCHASE OF TRUCKS/ PUB. WORKS: Consent Agenda PATIO VARIATION/ 435 BERKSHIRE: Consent Agenda PATIO VARIATION/ 2304 CEDAR: Consent Agenda PAGE FOUR 053 3/2 1/05 Moved by Becker, seconded by Murphy, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute 2005 Illinois Department of Revenue Grant Agreement -#36-6005849, in the amount of $10,230, to be used by the Police Department to conduct enforcement operations to reduce the illegal sales of tobacco to minors; and further recommend to adopt Resolution R-41-05, A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FROM THE ILLINOIS DEPARTMENT 0 F REVENUE IN THE AMOUNT 0 F $10, 2 3 0 FOR TOBACCO ENFORCEMENT PROGRAMS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Murphy, to concur wi t h Staff recommendation to grant request for extension of time for submission of a final plan for development of the Water's Edge Condominium Project (Fisherman's Dude Ranch), 2323 E. Golf Road (formerly 9665 Golf Road), up to and including March 12, 2006; and further recommend to adopt Resolution R-43-05, A RESOLUTION AUTHORIZING THE EXTENSION OF TIME FOR THE SUBMISSION OF THE FINAL PLAN OF DEVELOPMENT FOR THE WATER'S EDGE CONDOMINIUM PROJECT TO AND INCLUDING MARCH 12, 2006. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Murphy, to concur with Staff recommendation to grant request from Better Ride, 500 Zenith Drive, #507, Glenview, IL 60025, to approve application for a taxicab license (City currently has seven (7) taxicab companies with 124 taxicabs licensed to operate) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Murphy, to concur with Staff recommendation to accept proposal from Strand Associates, Inc., 910 W. Wingra Drive, Madison, WI 53715, to perform engineering consulting services for the replacement of the salt dome at the Public Works Facility, in the amount of $19, 000/MFT Funds; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Murphy, to concur with Staff recommendation to authorize purchase through the Illinois State Bid Program of Three (3) 1-Ton Ford Dump Trucks and One (1) 3/4-Ton Ford Stake-Body Truck, from Dennison Corporation, 1508 Morrissey, Bloomington, IL 61701, in the total amount of $158,880.40/CERF Funds - $119, 212. 05 and CERF Water Fund -$39, 668. 35. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Murphy, to concur with Staff recommendation to grant request for an after-the- fact Variation to Section 10-1-11 of the Building Code Amendments to permit replacement and enlargement of existing patio to add a round raised wall, 3' in height, enclosing an 18' high, round raised patio adding an additional 15.3' in diameter to the patio, on property located at 435 Berkshire Lane. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Murphy, to concur with Staff recommendation to grant request for Variation to Section 10-1-11 of the Building Code Amendments to permit construction of a 24' x 16' patio in the rear yard of property located at 2304 Cedar Street (Code prohibits patios from extending more than 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M-11-05 SWEARING IN DATE/ELECTED OFFICIALS: Consent Agenda ORDINANCE M-12-05 WAIVE OR REDUCE PERF. BOND REQUIR. : ORDINANCE M-13-05 ESTABLISH POSITION OF COMMUNITY PLANNER: WARRANT REGISTER: PETITIONS/ DESIGNATION OF VISITOR PARKING SIGNS IN DEVELOPMENTS: PAGE FIVE 054 3/21/05 Moved by Becker, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Building Demolition and Pavement Removal on property located at 2655, 2675-2661, 2687 and 2695 Mannheim Road, returnable by 3:00 p.m., Wednesday, April 6, 2005. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Murphy, to adopt Ordinance M-11-05, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 6, "CITY COUNCIL," SECTION 1, "MEMBERS AND TERMS," OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to adopt Ordinance M-12-05, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 10, "PURCHASING POLICIES AND GUIDELINES," SECTION 12, "PERFORMANCE AND PAYMENT BONDS," OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Becker, seconded by Smith, to adopt Ordinance M-13-05, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," OF CHAPTER 8 "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4, "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE V-A, "TECHNICAL, ENGINEERING AND INSPECTION PERSONNEL-UNIONIZED," TO ADD THE NEW POSITION OF COMMUNITY PLANNER IN THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman 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 Christiansen, seconded by Murphy, to recommend to the City Council approval of the March 21, 2005 - Warrant Register, in the total amount of $7,284,140.31; and further recommend that Resolution R-42-05 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Alderman Becker briefly reviewed this matter stating that Staff has determined that the City's current requirement for multi-family developments of 1.5 spaces per dwelling unit is consistent with other municipalities with similar development patterns and characteristics of Des Plaines; the Staff also found from discussions with other planning professionals that there seems to be a consensus that a supportable ratio for designated visitor parking, in addition to the current 1. 5 parking ratio, would be one ( 1) parking space per ten (10) dwelling units. Alderman Becker suggested that this matter be referred back to Staff for consideration when the Comprehensive Plan is reviewed. "' PARK. SPACES (Cont'd.) ORDINANCE M-15-05 SEWER LATERAL REBATE PROGRAM: UJJ 3/21/05 PAGE SIX Alderman Beauvais is concerned that we have no idea when the review of the Comprehensive Plan will be done; we haven't even approved money for it; she does not want to wait; the parking problem will only get worse; if we encourage developers to come here, we have to make sure there is proper parking. Alderman Murphy stated that she agrees with Alderman Beauvais; this problem is too specific to be included in the Comprehensive Plan; additional information is needed, i.e. parking studies, where are the problem areas? Alderman Sayad stated that we have to have designated parking areas for visitors; we have to do studies; it is a problem that has been here for a long time; we have to address it. Alderman Christiansen stated that he also agrees with Alderman Beauvais; leaves and garbage are not being picked up because of the parking problem; handicapped spaces also have to be provided. Alderman Argus stated that she agrees with Alderman Beauvais; this should be referred back to Staff for more information before it goes to the Comprehensive Plan review. Mr. Richard Grosse, 750 Pearson Street, addressed the Committee of the Whole stating we should move quickly on this before any more developments are built; some people have two (2) and three (3) cars; it is a serious problem; we need additional parking spaces; don't wait two (2) years. Ms. Pat Reddy, 501 Alles Street, addressed the Committee of the Whole stating that they have barely enough parking now; people have more than one (1) car; it is a hazard to pull out with all the cars on the streets; please look at this now; there is development going up around her. Mr. Ronald Moore, 1480 Jefferson Street, addressed the Committee of the Whole stating that he hopes any change would not be retroactive to buildings already there; please choose wisely. Moved by Becker, seconded by Christiansen, to recommend to the City Council that the matter of visitor and handicapped parking spaces in multi-family residential developments be referred back to Staff for additional information and review, and as soon as this information is available that a Committee of the Whole meeting be called with multi-family housing residents and developers. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Murphy, seconded by Sayad, to place on First Reading Ordinance 15, 2005, AN ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES," CHAPTER 2, "SEWER SYSTEMS REGULATIONS," SECTION 2, "HOMEOWNER SEWER MAINTENANCE RESPONSIBILITY" OF THE DES PLAINES CITY CODE. Motion declared carried. Alderman Beauvais voted no. WARRANT REGISTER: Resolution R-42-05 DESIGNATION OF VISITOR PARK. SPACES IN DEVEL.: USE OF BUILDING PERMITS: ADJOURNMENT: Anth PAGE SEVEN 056 3 /21/05 Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-42-05, BE IT RESOLVED BY THE CITY COVNCIL 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: $7,284,140.31. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole that the matter of visitor and handicapped parking spaces in multi- family residential developments be referred back to Staff for additional information and review, and as soon as this information is available that a Committee of the Whole meeting be held with multi-family housing residents and developers. Motion declared carried. At the request of Alderman Christiansen, Mayor Arredia ref erred the matter of residents doing work outside the scope of their building permit to the Building Code Committee. Moved by Christiansen, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carri~a 8~40 p.m. Donna McAllister, MMC CITY CLERK J 2005 MAYOR