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08-15-2005143 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, AUGUST 15, 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 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 15, 2005. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Becker, Smith, Argus. Aldermen Beauvais, Sayad and Brookman were absent. Alderman Sayad arrived in Exe cu ti ve Session at 6: 04 p. m. Alderman Brookman arrived in Executive Session at 6:14 p.m. Also present were: City Manager Niemeyer, Assistant City Manager /Director of Human Resources Baj or, Director of Finance Egeberg, Police Chief Prandini, Fire Chief Heavey, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Bleuher, Deputy Director of Community & Economic Development Angell, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: CITIZEN PARTICIPA.: Moved by Christiansen, seconded by Smith, to go into Executive Session to discuss setting price for sale-lease of property. Upon roll call, the vote was: AYES: 5-Christiansen, Murphy, Becker, Smith, Argus NAYS: 0-None ABSENT: 3-Beauvais, Sayad, Brookman Motion declared carried. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated Christiansen, Murphy, Argus. the following aldermen present: Sayad, Brookman, Becker, Smith, The opening prayer was given by Ghulam M. Farrooqie, Islamic Community Center of Des Plaines, followed by the Pledge of Allegiance. Mayor Arredia presented an honorary proclamation to Des Plaines resident Michael J. Vacilek, who is retiring from the postal service after serving the 4th Ward for 35 years; Alderman Say ad also expressed his appreciation for Mr. Vacilek's long and faithful service to residents of his Ward. Police Chief Prandini presented Police dog -Bravo, who was wearing a new bulletproof vest; 22 individuals who donated to this cause were presented and thanked for their generosity. Des Plaines Human Services Department Coordinator Kathy Puetz and Community Grant Coordinator Margaret Polovchak, made a PowerPoint presentation on the services and programs provided by the City and the Healthy Community Partnership. Mr. Steve Davis, 1265 Dennis Place, addressed the City Council stating he is a 50-year resident of Des Plaines and a member of the Des Plaines Fire Prevention Bureau; there is a new service that can be added to cell phones called ICE (In Case of Emergency) which would enable emergency services to contact you immediately if a loved one was in an accident or sick; it would be a way to protect your loved one; it is completely free. SET. PRICE SALE-LEASE PROPERTY/ 2655-2695 MANNHEIM - TIF #6: SET. PRICE SALE-LEASE PROPERTY/ CHICAGO O'HARE AIRPORT EXPANSION AREA: COMMITTEE ON COMMITTEES: CONSENT AGENDA: MINUTES: Consent Agenda LICENSE AGREEMENT/ 2283 EASTVIEW: Consent Agenda Ordinance M-52-05 LICENSE AGREEMENT/ 1863 ILLINOIS: Consent Agenda Ordinance M-53-05 PAGE TWO f 144 8/15/05 ' Moved by Becker, seconded by Brookman, to concur with majority agreement in Executive Session that City reject all RFPs received for the development of 2655-2695 Mannheim Road -TIF #6; and this matter be referred back to Staff for further review and report. Motion declared carried. Alderman Smith voted no. Moved by Sayad, seconded by Christiansen, to concur with majority agreement in Executive Session that Staff be authorized to settle the issues with the City of Chicago on the expansion of O'Hare Airport within the parameters set forth in Executive Session; final action on the settlement will be made in open session with specified details under Unfinished Business on September 6, 2005. Motion declared carried. Aldermen Brookman and Argus voted no. Moved by Christiansen, seconded by Sayad, to POSTPONE until September 6, 2005, the matter of setting a meeting date for the Committee on Committees scheduled to be discussed under Unfinished Business later in the meeting. Motion declared carried. Alderman Murphy requested that Items 6 and 6a be removed from the Consent Agenda and Alderman Sayad requested that Item 9 be removed. Moved by Murphy, seconded by Sayad, to establish a Consent Agenda except for Items 6, 6a and 9. Motion declared carried. Moved by Becker, seconded by Sayad, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-48-05 and M-49-05 were adopted; Ordinances M-52-05, M- 53-05 and Z-21-05 were placed on First Reading; and Resolutions R-128-05 and R-129-05 were adopted. Moved by Becker, seconded by Sayad, to adopt minutes of the regular meeting of the City Council held August 1, 2005, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to adopt minutes of the Executive Session of the City Council held August 1, 2005. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to grant request to permit installation of a brick paver driveway approach in the City-owned right-of-way adjacent to property located at 2283 Eastview Drive; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-52-05, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE PUBLIC RIGHT-OF-WAY WITH OWNERS, ROLANDO AND STACEY DELGADO, 2283 EASTVIEW DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to grant request to permit installation of a brick paver driveway approach in the City-owned right-of-way adjacent to property located at 1863 Illinois Street; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-53-05, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROA~ M-53-05 (Cont'd.) ZONING CASE 05-53-A TEXT AMEND./ PAYDAY LOAN STORES: Consent Agenda Ordinance Z-21-05 ZONING CASE 05-58-A MAP AMEND./ JEANNETTE & FOREST: Ordinance Z-22-05 VEH. ENFORCE. AGREEMENT/ 916-938 NORTH AVE.: Consent Agenda Resolution R-128-05 REDUCTION/ PUB. IMPRV. SURETY, 2057 DOUGLAS: Consent Agenda Resolution R-129-05 BID AWARD/ 2005 REAR YARD PROG. - CONTRACT C: PAGE THREE 145 8/15/05 IN THE PUBLIC RIGHT-OF-WAY WITH OWNER KRISTEN SVATOS, 18 63 ILLINOIS STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with recommendation of Des Plaines Plan Commission, re Zoning Case 05-53-A, to approve a Text Amendment to the 1998 Zoning Ordinance to add a new Section 13.3 -"Payday Loan Stores" and make Payday Loan Stores a Conditional Use in C-3 General Commercial District; and further recommend to place on First Reading Ordinance Z-21-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Murphy, to advance to Second Reading and adopt Ordinance Z-21-05, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO TABLE 7.3-1, "COMMERCIAL DISTRICT USE MATRIX," TO ADD "PAYDAY LOAN STORES" AS A CONDITIONAL USE AND ADD THE DEFINITION OF "PAYDAY LOAN STORES" TO ARTICLE 13.3 OF THE CITY OF DES PLAINES ZONING CODE. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Murphy, seconded by Brookman, to POSTPONE until September 19, 2005 the recommendation of the Des Plaines Plan Commission, re Zoning Case 05-58-A, to grant request for Map Amendment to rezone property located at southeast corner of Jeannette Street and Forest Avenue from R-1 Single Family Residential District to R-3 Townhouse Residential District and First Reading of Ordinance Z-22- 05. Motion declared carried. Moved by Becker, seconded by Sayad, 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 property located between 916 and 938 North Avenue, ERA Tool & Manufacturing Company; and further recommend to adopt Resolution R-128-05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES UNDER TITLES 5 "PUBLIC HEALTH AND SAFETY," 6 "POLICE REGULATIONS," AND 7 "MOTOR VEHICLES AND TRAFFIC" OF THE CITY CODE ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND ERA TOOL & MANUFACTURING CO. FOR PROPERTY LOCATED BETWEEN 916 AND 938 NORTH AVENUE, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to grant request for Reduction of Public Improvement Surety for Petersen's Resubdivision, 2057 Douglas Avenue, from $45,412 to $7,000, for a refund of cash surety in the amount of $38,412; and further recommend to adopt Resolution R-129-05, A RESOLUTION APPROVING REDUCTION OF PUBLIC IMPROVEMENT SURETY FOR PETERSEN'S RESUBDIVISION LOCATED AT 2057 DOUGLAS AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Murphy, to POSTPONE until September 6, 2005 the bid award for 2005 Rear Yard Drainage Improvements Program -Contract C, to the lowest bidder, Comstock Earthmoving, 15W700 N. Frontage Road, Burr Ridge, IL 60527, in the total bid amount of $1,194,753.20/General Improvement Funds. Motion declared carried. BID AWARD/ 2005 CIP - CONTRACT F FIRE STA.: Consent Agenda BID AWARD/ SEWER CLEAN. & TELEVISING: Consent Agenda REAPPOINT . : Consent Agenda ORDINANCE M-48-05 LIC. AGREE./ 1514 KINGSTON: Consent Agenda ORDINANCE M-49-05 REVISION/ FLOOD CONTROL: Consent Agenda WARRANT REGISTER: METROPOLITAN SQUARE PROJECT UPDATE: PAGE FOUR 146 8/15/05 Moved by Becker, seconded by Sayad, to concur with Staff recommendation to award bid for 2005 CIP -Contract F, Reconstruction of Fire Stations #1 and #3 Parking Lots, to the lowest bidder, Martam Construction, 1200 Gasket Drive, Elgin, IL 60120, in the total bid amount of $212, 419/Building Replacement Fund -$120, 000, Water Fund -$20,000, General Improvement Fund -$72,419. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to award bid for Sewer Cleaning and Televising to the lowest bidder, National Power Rodding, 2500 W. Arthington Street, Chicago, IL 60612, for the following bid amounts of $1.85 per foot -6" pipe, $1.85 per foot -8" pipe, $1.85 per foot -10" pipe and $1.85 per foot -12" pipe/all funded from Capital Improvement Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to approve Mayoral reappointments as follows: SPECIAL EVENTS COMMISSION Linda Forman, term to expire August 31, 2009 Richard Prochenski, term to expire August 31, 2009 Julie Ann Fahrenbach, term to expire August 31, 2009. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to adopt Ordinance M-4 8-05, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR THE INSTALLATION OF AN UNDERGROUND SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF- WAY WITH PROPERTY OWNER, ANGELA ZICCARDI, 1514 KINGSTON COURT, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to adopt Ordinance M-4 9-05, AN ORDINANCE AMENDING TITLE 14, "FLOOD CONTROL," CHAPTER 1, "FLOOD CONTROL REGULATIONS," SECTION 9, "PERMITTING REQUIREMENTS APPLICABLE TO ALL FLOODPLAIN AREAS AND PROTECTION OF BUILDINGS," OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Murohv, seconded by Christiansen, to recommend to the City Council approval of the August 15, 2005 - Warrant Register, in the total amount of $3,328,554.81; and further recommend that Resolution R-130-05 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair City Manager Niemeyer introduced Mr. J. Michael Tracy, Principal, and Mr. Andrew J. Bohnert, Project Manager, with Project Management Advisors, Inc., 117 N. Jefferson Street, Suite 303, Chicago, IL 60661, the City's representative for the Metropolitan Square Project. Mr. Tracy and Mr. Bohnert made a PowerPoint presentation outlining a time line of the City's funding and commitment approvals; City's redevelopment budget, garage and City infrastructure contract change orders; value- added City enhancements, and the project success summar~ METRO. SQ. (Cont'd.) ZONING CASE 05-51-A TEXT AMEND./ TRANSITIONAL TREATMENT FACILITIES: PERMIT, INSPECTION AND REPAIR/ UTILITIES & STREET CUTS: PAGE FIVE 147 8/15/05 total project commitment was $20,809,155; the project will come in under budget at $19,904.287. Mr. Bonner thanked the Staff for their cooperation and support over the past two (2) years. Director of Community and Economic Development Bleuher stated that Staff is recommending that transitional treatment facilities, currently allowed only in the downtown, be removed from the list of Conditional uses in the C-5 Central Business District and placed in the City's C-3 General Commercial District as a Conditional Use; this would provide more location opportunities for these types of services and be more consistent with other municipal zoning ordinances. Director Blueher stated that the Des Plaines Plan Commission voted unanimously to recommend disapproval of this Text Amendment; the Commission did propose an amendment that would make transitional treatment centers a Conditional Use in the I-1 Institutional District. Alderman Brookman stated that she does think this Text Amendment would be a good idea; this should be Institutional; it could conflict with our local business and residential areas. Moved by Murohv, seconded by Sayad, to recommend to the City Council to POSTPONE until September 6, 2005, further discussion on Zoning Case 05-51-A, to remove Transitional Treatment Facilities from the C-5 Central Business Zoning District and place in the C-3 General Commercial Zoning District as a Conditional Use. Motion declared carried. PUBLIC WORKS -Alderman Murphy, Chair Director of Public Works Dusckett made a PowerPoint presentation regarding the Utility Permit process and the Excavation or Street Cut Permits; Staff has researched this matter and recommends the following permitting, inspection and repair procedures: --develop a set of standard requirements for City right- of-way excavations, i.e. traffic safety, backfill procedures, pavement replacement, sidewalk/curb replacement and landscaping requirements; --develop an excavation permit process to ensure compliance through inspection with City standards and procedures; --Public Works Department will be responsible for all street paving of the excavation after the contractor has backfilled; contractor will pay the City $55 per linear foot for this work at the time of permit application; and --allow for exceptions to the permit process for contractors performing work on City Engineering or Public Works projects, and utility companies who are covered under the Utility Permits process. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole regarding the way curbs and parkways are restored; they must use more than dirt so it won't get "packed" down; the contractors must replace the curbs. Moved by Christiansen, seconded by Becker, to concur with Staff recommendation and recommend to the City Council to establish permitting, inspection and repair procedures for excavating in the City right-of-way; and Ordinance M-54-05 be placed on First Reading at appropriate time this evening. Motion declared carried. PARKING PAD VARIATION/ 652 E. ALGONQUIN: MINUTES/ 7/18/05 AS AMENDED: ORDINANCE Z-20-05 VARIATION/ 1371 CENTER: PAGE SIX 148 8 /1 5 /05 BUILDING CODE -Alderman Christiansen, Chair Director of Community and Economic Development Bleuher reviewed this request to enlarge an existing driveway to create a parking pad, 7' wide x 28' long, adjacent to existing 9' wide driveway in the front yard serving no garage on property located at 652 E. Algonquin Road; Staff is recommending against granting this request; this is an overly large parking pad considering that there is already room to park two (2) cars in the garage and one (1) car on the driveway. Mr. Richard Cybulski, 153 Lance Drive, representing the petitioner, Leslaw Kaminski, addressed the Committee of the Whole and answered questions from the aldermen. Alderman Murphy questioned why a single parking pad couldn't be constructed at the rear of the house next to the existing garage and accessed from the alley. Moved by Sayad, seconded by Murphy, to recommend to the City Council that the request to enlarge an existing driveway to create a parking pad, 7' wide x 28' long, adjacent to existing 9' wide driveway in the front yard serving no garage on property located at 652 E. Algonquin Road, be REFERRED BACK to Staff for further review and report. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Argus, seconded by Murphy, to amend minutes of the regular meeting of the City Council held July 18, 2005, as follows: Page Two, after "CITIZEN PARTICIPATION" ADD: "FIRE STATION STUDY/ FOCUS GROUP: Alderman Argus stated that the focus group for the Fire Department Study was holding their first meeting on July 19, 2005. Alderman Argus asked if aldermen would be able to attend, if silent observers could attend, and if the meeting would be recorded and minutes kept. City Manager Niemeyer said probably not. Alderman Argus asked for the meeting to be recorded and minutes kept. Mayor Arredia, Aldermen Murphy, Brookman, Sayad and Argus said the meeting should be recorded and minutes kept. Aldermen Beauvais, Christiansen and Becker said the meeting should not be recorded and minutes kept. Alderman Smith did not vote." Motion declared carried. Moved by Argus, seconded by Murphy, to approve minutes of the regular meeting of the City Council held July 18, 2005 -AS AMENDED. Motion declared carried. Moved by Christiansen, seconded by Murphy, to adopt Ordinance Z-20-05, AN ORDINANCE AUTHORIZING AN AFTER-THE- FACT VARIATION TO SECTION 8. 1-3E. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE (SHED) AT 1371 CENTER STREET, DES PLAINES, ILLINOIS (Case 05-34-V). Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Brookman, Smith, Argus NAYS: 1-Becker ABSENT: 1-Beauvais .('f(Yl Motion declared carried. ~· WARRANT REGISTER: Resolution R-130-05 ZONING CASE 05-51-A TEXT AMEND./ TRANSITIONAL TREATMENT FACILITIES: PERMIT, INSPECTION AND REPAIR PROCEDURES/ UTILITIES & STREET CUTS: Ordinance M-54-05 PARKING PAD VARIATION/ 652 E. ALGONQUIN: SINGLE BID/ WINDOW REPLACEMENT CIVIC CENTER: ADJOURNMENT: DAY OF An tho PAGE SEVEN 149 8/15 /05 Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-130-05, 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 : $3,328,554.81. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole to POSTPONE until September 6, 2005, further discussion on Zoning Case 05-51-A, to remove Transitional Treatment Facilities from the C-5 Central Business Zoning District and place in the C-3 General Commercial Zoning District as a Conditional Use. Motion declared carried. Moved by Murphy, seconded by Smith, to concur with recommendation of Committee of the Whole to establ ish permitting, inspection and repair procedures for excavating in the City right-of-way; and place on First Reading Ordinance M-54-05, AN ORDINANCE AMENDING TITLE 8, "PUBLIC WAYS AND PROPERTY," CHAPTER 1, "STREETS AND SIDEWALKS," SECTION 5, "EXCAVATIONS TO BE BARRICADED ," OF THE DES PLAINES CITY CODE. Motion declared carri ed. Moved by Christiansen, seconded by Murphy, to concur with recommendation of Committee of the Whole that the request to enlarge an existing driveway to create a parking pad, 7' wide x 28' long, adjacent to existing 9' wide driveway in the front yard serving no garage on property locat e d at 652 E. Algonquin Road, be REFERRED BACK to Staff f o r further review and report. Motion declared carri ed. Moved by Brookman, seconded by Becker, to open single bid received on August 2, 2005, for Window Replacement a t Civic Center. Motion declared carried. The single bid was received from Des Plaines Glass Company, 962 Lee Street, Des Plaines, for the following bid amounts: Cost Per Cost Per Cost Per Cost Per 2005-Year 1/Installed 2006-Year 2/Installed 2007-Year 3/Installed 2008-Year 4/Installed 2009-Year 5/Installed Cost Per * -subject to review Window Window Window Window Window -$1,882 -$1,976 -$2,075 -$2,178* -$2,288* Moved by Christiansen, seconded by Brookman, to refer the single bid to Staff for review and report. Motion declared carried. Moved by Sayad, seconded by Becker, that the regular meeting of the City Council adjourn. Motion declared carried. Meet~:l6 p.m. ~ ~cvmJ2.: Donna McAllister, MMC -CITY CLERK 2005