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06-02-2008179 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, JUNE 2, 2008 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 6:15 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, June 2, 2008. ROLL CALL: Roll call indicated the Beauvais, Moylan, Murphy, Smith, Argus. following Higgason, aldermen present: Brookman, Walsten, Also present were: City Manager Bajor, Acting Director of Finance Wisniewski, Police Chief Prandini, Fire Chief Jaeger, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Conlan and Assistant City Attorney Bartel. EXECUTIVE SESSION: PRAYER: CITIZEN PARTICIPA. : Moved by Brookman, seconded by Smith, to go into Executive Session to discuss acquisition of real property and review of Emergency Security Procedures. Upon roll call, the vote was: AYES: 8-Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. The City Council recessed at 6:16 p.m. The City Council reconvened at 7:10 p.m. Roll call indicated the following aldermen present: Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus. The opening prayer was given by Reverend Tim Roames, Good News Christian Center, followed by the Pledge of Allegiance to the Flag. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that the Maine West High School graduation ceremony was this evening; some of these graduates may someday be mayor or an alderman here in Des Plaines; many present and former aldermen went to local schools. Mr. Phil Hengels, 2510 Seminary Avenue, addressed the City Council stating that when he asked that Seminary Avenue be repaved he was told that they have to put in storm sewers first; he has yet to see any storm sewers; if the City is not going to put in storm sewers, can we get our street repaved? Alderman Beauvais said she will investigate this matter and get back to Mr. Hengels. Mr. Hengels also said that the summer water ban favors odd number addresses. Alderman Brookman asked Dr. Sarah Ghorbanian and Jamie Curletti, Chiro One Wellness Centers, 653 Metropolitan Way address the City Council regarding their part in the new "Des Plaines Pounds Down" program being initiated by the City; Dr. Ghorbanian described how her business will be part of this community outreach program focusing on improving people's overall health, as well as that of the entire City; they will soon be introducing a Walking Club. Qf1 Z-16-08 (Cont'd.) BID AWARD/ WELLER CREEK RETAINING WALL IMPROVEMENTS: Consent Agenda Resolution R-77-08 DES PLAINES CITIZEN CORPS: Consent Agenda Resolution R-78-08 ADVERTISING FOR BIDS: Consent Agenda WARRANT REGISTER: COST SHARING AGREEMENT/ LIBRARY AC MAINTENANCE 1501 ELLINWOOD: PAGE THREE ALLOWED A CONDITIONAL USE PERMIT TO PERMIT A CLASS B RESTAURANT WITH CUSTOMER SEATING FOR 20 AT 820 ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to award bid for Weller Creek Retaining Wall Improvements to the lowest bidder, Martam Construction, 1200 Gasket Drive, Elgin, IL 60120, in the total bid amount of $108,600/Capital Projects Funds; and further recommend to adopt Resolution R-77-08, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A BID FROM MARTAM CONSTRUCTION FOR THE REPLACEMENT OF A PORTION OF THE WELLER CREEK RETAINING WALL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation that City officially recognize the Des Plaines Citizen Corps, a trained volunteer group which assists in emergencies and disasters under the Des Plaines Homeland Security, in order to be in compliance with State and Federal guidelines and be eligible to receive both State and Federal grants; and further recommend to adopt Resolution R-7 8-08, A RESOLUTION RECOGNIZING THE DES PLAINES CITIZEN CORPS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation that the City Clerk be authorized to advertise for bids for Uninterruptible Power Source, returnable by 3:00 p.m., Thursday, June 26, 2008. 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 Smith, Chair Moved by Beauvais, seconded by Brookman, to recommend to the City Council approval of the June 2, 2008 -Warrant Register, in the total amount of $4, 670, 107. 52, and further recommend that Resolution R-76-08 be adopted at appropriate time this evening. Motion declared carried. Director of Public Works Dusckett reviewed his memo of May 22, 2008, stating that the current five (5) -year maintenance agreement for the Library air conditioning chiller unit will expire on June 30, 2008; City and Library Staff requested a new five (5)-year agreement from McQuay Service (current service provider); after review the Library Board of Trustee approved this agreement with McQuay Service and City Staff is also recommending approval. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation .and recommend to the City Council to equally share with the Des Plaines Library the costs for their air conditioning chiller unit maintenance under the Assured Maintenance Agreement with McQuay Service, 175 Hansen Court, Suite 103, Wood Dale, IL 0191, for the Year One cost of $14,082 (City share -$7,041), Year Two cost of $14,504 (City share -$7,252), Year Three cost of $14, 940 (City share -$7, 470), Year Four cost of $15, 388 (City share -$7, 694) and Year Five cost of $15,849 (City share -$7,924.50; City share from Building & Ground Funds; and Resolution R-79-08 be adopted at appropriate time this evening. Motion declared carried. ACQUISITION OF REAL PROPERTY/ TIF #4: CONSENT AGENDA: MINUTES: Consent Agenda PREVAILING WAGE RATES: Consent Agenda Ordinance M-21-08 ADMINISTRA. HEARINGS PROGRAM: Consent Agenda Ordinance M-22-08 RESCINDING ORD. Z-30-07/ 820 ELMHURST: Consent Agenda Ordinance Z-16-08 PAGE TWO 180 6/2/08 Moved by Murphy, seconded by Argus, to concur with majority agreement in Executive Session that the City enter into an agreement with Integra Realty Resources - Chicago, 566 W. Lake Street, Suite 320, Chicago, IL 60661, to provide appraisal services for various parcels of property in TIF District #4, at a cost not-to-exceed $25,000/TIF District #4 Funds. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Higgason, Brookman, Smith, Argus NAYS: 1-Walsten ABSENT: 0-None Motion declared carried. Moved by Murphy, Consent Agenda. seconded by Brookman, to establish a Motion declared carried. Moved by Brookman, seconded by Murphy, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-21-08, M-22-08 and Z-16-08 were placed on First Reading; and Resolutions R-77-08 and R-78-08 were adopted. Moved by Brookman, seconded by Murphy, to approve minutes of the regular meeting of the City Council held May 19, 2008, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to approve minutes of the Executive Session of the City Council held May 19, 2008. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation that pursuant to Section 820 ILCS 130/1 of the State Statutes (2006), City establish prevailing rate of wages for laborers, mechanics and other workers employed in performing construction of public works projects for the City -ANNUAL REQUIREMENT; and further recommend to place on First Reading Ordinance M-21-08, AN ORDINANCE PURSUANT TO 820 ILCS 130/1, ET SEQ., AS AMENDED, PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND PREVAILING WAGE RATES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to amend Title 1 of the City Code to add a new Chapter 16 "Administrative Hearings Program" and delete from Title 3 of the City Code, Article 3A "Administrative Hearings Program" HOUSEKEEPING ACTION; and further recommend to place on First Reading Ordinance M-22-08, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," TO TRANSFER ARTICLE 3A., "ADMINISTRATIVE HEARINGS PROGRAM" FROM TITLE 3, TO ESTABLISH A NEW CHAPTER 16, "ADMINISTRATIVE HEARINGS PROGRAM," IN TITLE 1 OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to rescind Ordinance Z-30-07, AN ORDINANCE ALLOWING FOR CONDITIONAL USE PERMIT TO PERMIT A CLASS B RESTAURANT WITH CUSTOMER SEATING FOR 20 PERSONS AT 820 ELMHURST ROAD, DES PLAINES, ILLINOIS (Case 07-75- CU), approved by the City Council on December 17, 2007, because the petitioner has closed his business; and further recommend to place on First Reading Ordinance Z- 16-08, AN ORDINANCE RESCINDING ORDINANCE Z-30-07, WHIWU PURCHASE OF STATUARY/ METROPOLITAN SQ. & OTHER CITY AREAS: ORDINANCE M-20-08 2008 BUILDING PERMIT FEE SCHEDULE: WARRANT REGISTER: Resolution R-76-08 PAGE FOUR COMMUNITY DEVELOPMENT -Alderman Murphy, Chair 182 6/2/08 Alderman Murphy stated that when she and Mayor Arredia were at the ICSC Conference in Las Vegas recently, they spoke with The Rose Garden of Dania Beach, Dania Beach, Florida, who operate a company that make Cast Bronze Sculptures for home, park and garden; they offered a special distributor I show price which is 50% off the regular wholesale price for five (5) sculptures for the purchase price of approximately $28,485, for a limited time, for Metropolitan Square and other areas around the City. Alderman Walsten asked if there weren't Illinois artisans who could provide sculptures for the City. Alderman Brookman stated that this would be a wonderful use of TIF funds. Alderman Murphy stated that she is not asking for a vote tonight; just to investigate this further, i.e. contact local artisans. Moved by Murphy, seconded by Brookman to recommend to the City Council that the purchase of statuary for Metropolitan Square and other City areas be REFERRED BACK TO STAFF for further review. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND D'ECLARED THE CITY COUNCIL BACK IN SESSION Moved by Higgason, seconded by Beauvais, to adopt Ordinance M-20-08, AN ORDINANCE AMENDING TITLE 10, "BUILDING REGULATIONS," CHAPTER 3, "BUILDING PERMITS AND FEES," OF THE CITY OF DES PLAINES CITY CODE. Moved by Murphy, seconded by Brookman, to adopt a SUBSTITUTE MOTION that the adoption of Ordinance M-20-08 be postponed until July 21, 2008 for more information. Upon roll call, the vote was: AYES: 4-Murphy, Brookman, Smith, Argus NAYS: 5-Beauvais, Moylan, Higgason, Walsten, Arredia ABSENT: 0-None MOTION DECLARED FAILED. Upon roll call on the original motion, the vote was: AYES: 5-Beauvais, Moylan, Higgason, Walsten, Smith NAYS: 3-Murphy, Brookman, Argus ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Higgason, to concur with recommendation of Committee of the Whole to adopt Resolution R-76-08, 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: $4,670,107.52. Upon roll call, the vote was: AYES: 8-Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. COST SHARING AGREEMENT/ LIBRARY AC MAINTENANCE 1501 ELLINWOOD: Resolution R-79-08 PURCHASE OF STATUARY/ VARIOUS LOCATIONS: ADJOURNMENT : PAGE FIVE 183 6/2/08 Moved by Smith, seconded by Brookman, to concur with recommendation of Committee of the Whole to equally share with the Des Plaines Library the costs for their air conditioning chiller unit maintenance under the Assured Maintenance Agreement with McQuay Service, 175 Hansen Court, Suite 103 Wood Dale, IL 60191, for the Year One cost of $14,082 (City share -$7,041), Year Two cost of $14,504 (City share -$7,252), Year Three cost of $14,940 (City share -$7,470), Year Four cost of $15,388 (City share -$7,694) and Year Five cost of $15,849 (City share -$7,924.50; City share from Building & Ground Funds; and further recommend to adopt Resolution R-79-08, A RESOLUTION AGREEING TO SHARE THE COSTS OF A MAINTENANCE AGREEMENT FROM MCQUAY SERVICE FOR AIR CONDITIONING CHILLER UNIT MAINTENANCE AT THE DES PLAINES PUBLIC LIBRARY, 1501 ELLINWOOD STREET. Upon roll call, the vote was: AYES: 8-Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Murphy, seconded by Brookman, to concur with recommendation of Committee of the Whole that purchase of statuary for Metropolitan Square and other City areas be REFERRED BACK TO STAFF for further review. Motion declared carried. Moved by Brookman, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:05 p.m. Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS