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06-16-2008185 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 16, 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 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, June 16, 2008. ROLL CALL: Roll call indicated the following aldermen present: Moylan, Higgason, Brookman, Smith, Argus. Aldermen Beauvais, Murphy and Walsten were absent. Alderman Walsten arrived at 6:31 p.m. Alderman Beauvais arrived in Executive Session at 6:45 p.m. Also present were: City Manager Bajor, Assistant Director of Finance Raymond, Police Chief Prandini, Fire Chief Jaeger, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Conlan and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER: WELCOME: INTRODUCTION: RECOGNITION: seconded by Walsten, to go into to discuss Emergency Security provisions of Section 2 (C) (8) of Open Meetings Act. Upon roll call, Moved by Moylan, Executive Session Procedures under the the exceptions to the the vote was: AYES: 6-Moylan, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0-None ABSENT: 2-Beauvais, Murphy Motion declared carried. The City Council recessed at 6:32 p.m. The City Council reconvened at 7:10 p.m. Roll call indicated the following aldermen present: Beauvais, Moylan, Higgason, Brookman, Walsten, Smith, Argus. The opening prayer was given by Pastor Valentine Popovici, Romanian Baptist Church, followed by the Pledge of Allegiance to the Flag. Mayor Arredia welcomed the students from Maine West High School who are participating in the City's Clinical Government Program, which is now in its 33rd year. Fire Chief Jaeger introduced Fire Lieutenant Jeffery Schuck who has been promoted to Division Chief of the Fire Prevention Bureau. Mayor Arredia introduced Willard Strassburger of the Des Plaines Art Guild who recognized the following 2008 scholarship recipients: Thomas J. Dittmeier, Elk Grove High School David A. Soto, Maine West High School Theresa R. Stoodley, Maine West High School Mayor Arredia introduced Christy Piszkiewicz of the Des Plaines Arts Council who, along with Council members Saran Larson and Don Gloor, recognized the following 200 8 scholarship recipients: Kathryn Moro, Iroquois Community School Arthur Stashak, Chippewa Middle School Christina Moore, Maine West High School Victoria Carot, Maine West High School Samantha Cunanan, Maine West High School Jonathan William Tompary, Elk Grove High School CITIZEN PARTICIPA.: CONSENT AGENDA: MINUTES: Consent Agenda AGREEMENT ( CONFIDEN. ) CornED RE POWER OUTAGE LOCATIONS: Consent Agenda Resolution R-80-08 ENVIR. SVS./ STAGE 3, SITE INVEST. 1111 J. SCHWAB RD.: Consent Agenda Resolution R-81-08 VEHICLE ENFORCEMENT AGREEMENT/ 1026 s. RIVER ROAD: Consent Agenda Resolution R-82-08 PAGE TWO 186 6/1 6/0 8 Mr. Eldon Burk, 661 Walnut Court, addressed the City Council regarding the passing of Gaston Freeman, former athletic coach and teacher at Maine West High School; he was an outstanding community leader and a real gentleman. Alderman Beauvais requested that Items 6 and 6a be removed from the Consent Agenda. Moved by Beauvais, seconded by Higgason, to establish a Consent Agenda except for Items 6 and 6a. Motion declared carried. Moved by Brookman, seconded by Beauvais, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Murphy Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-21-08, M-22-08 and Z-16-08 were adopted; and Resolutions R-80-08, R-81-08 and R-82-08 were adopted. Moved by Brookman, seconded by Beauvais, to approve minutes of the regular meeting of the City Council held June 2, 2008, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to approve minutes of the Executive Session of the City Council held June 2, 2008. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation that City Manager and City Clerk be authorized to execute "Confidentiality and Non-Disclosure Agreement" with Commonwealth Edison Company for access to their eOutage Program to help ascertain what areas within Des Plaines have been affected when there are power outages; Commonwealth Edison Company is requiring confidentiality to protect the privacy of their customers; and further recommend to adopt Resolution R- 80-08, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT WITH COMMONWEALTH EDISON, TO FACILITATE DATA SHARING BETWEEN THE COMPANY AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to accept proposal from Marlin Environmental, Inc., 3935 Commerce Drive, St. Charles, IL 60174, to provide Environmental Consulting Services for Stage 3 Site Investigation at the Public Works Facility, 1111 Joseph J. Schwab Road, at a cost of $23, 290 .16/Budgeted Funds; and further recommend to adopt Resolution R-81-08, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MARLIN ENVIRONMENTAL, INC., FOR ENVIRONMENTAL CONSULTING SERVICES FOR A STAGE 3 SITE INVESTIGATION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation that City Manager 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 at 1026 S. River Road (Martin Merel); and further recommend to adopt Resolution R-82-08, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND MARTIN MEREL, PROPERTY OWNER FOR PROPERTY LOCATED AT 1004-1026 S. RIVER ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ 2008 CRACK SEALING: Resolution R-83-08 LIQ. LIC./ 590 E. CENTRAL: Consent Agenda LIQ. LIC./ 919 OAKTON: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M-21-08 PREVAILING WAGE RATES: Consent Agenda ORDINANCE M-22-08 ADMINISTRAT. HEARINGS PROGRAM: Consent Agenda PAGE THREE 187 6/16/08 Alderman Beauvais stated that she is totally against this program; this was not in the budget. Director of Public Works Dusckett stated that this is being paid from budgeted Motor Fuel Tax Funds. Moved by Brookman, seconded by Walsten, to concur with Staff recommendation to award bid for 2008 Crack Sealing through the Northwest Municipal Conference Suburban Purchasing Cooperative to the lowest bidder, Complete Asphalt Service Company, 601 Kamar, Pittsfield, IL 62621, at a cost of $0.987 per pound for up to 200,000 linear feet/Budgeted MFT Funds of $25, 000; and further recommend to adopt Resolution R-83-08. A RESOLUTION APPROVING THE EXECUTION OF A PROPOSAL FOR CRACK SEALING BETWEEN COMPLETE ASPHALT SERVICE COMPANY AND THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 6-Moylan, Higgason, Brookman, Walsten, Smith, Argus NAYS: 1-Beauvais ABSENT: 1-Murphy Motion declared carried. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation to approve Change of Ownership for Class B -Bulk Sales Dealers Liquor License for property located at 590 E. Central Road, d/b/a Payless Liquors; contingent upon verification of fingerprints. Mo tion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with • Staff recommendation to approve Change of Ownership for Class B -Bulk Sales Dealers Liquor License for property located at 919 Oakton Street, d/b/ a Oakton Liquors; contingent upon verification of fingerprints. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation that the City Clerk be authorized to advertise for bids for Downtown Landscape Maintenance, returnable by 3:00 p.m., Tuesday, July 1, 2008. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation that the City Clerk be authorized to advertise for bids for Rider Sidewalk Sweeper, returnable by 3:00 p.m., Tuesday, July 1, 2008. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to concur with Staff recommendation that the City Clerk be authorized to advertise for bids for New Sidewalks on Golf Road, Mt. Prospect Road and Wolf Road, returnable by 3:00 p.m., Thursday, July 3, 2008. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Beauvais, to adopt 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 Beauvais, to adopt Ordinance M-22-08, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE, 11 TO TRANSFER ARTICLE 3A., "ADMINISTRATIVE HEARINGS PROGRAM, 11 FROM TITLE 3, TO ESTABLISH A NEW CHAPTER 16, "ADMINISTRATIVE HEARINGS PROGRAM, 11 IN TITLE 1 OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Z-16-08 RESCIND. Z-30-07/ 820 ELMHURST: Consent Agenda APPOINTMENT/ REAPPOINT.: WARRANT REGISTER: BID AWARD/ BRICK PAVER RESETTING & SEALING DOWNTOWN BUSINESS AREA: PAGE FOUR 188~ 6/16/08 Moved by Brookman, seconded by Beauvais, to adopt Ordinance Z-16-08, AN ORDINANCE RESCINDING ORDINANCE Z- 30-07, WHICH ALLOWED A CONDITIONAL USE PERMIT TO PERMIT A CLASS B RESTAURANT WITH CUSTOMER SEATING FOR 20 PERSONS AT 820 ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Presented for consideration (no action required) were the following Mayoral appointment/reappointments: Appointment: LIBRARY BOARD Jeffery A. Rozovics (replacing Bill Grice) Reappointments: LIBRARY BOARD -Elaine Tejcek BOARD OF FIRE & POLICE COMMISSIONERS -Arthur Lukowicz (final action on these matters under Consent Agenda on July 7, 2008) 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 16, 2008 -Warrant Register, in the total amount of $3, 263, 940 .14, and further recommend that Resolution R-84-08 be adopted at appropriate time this evening. Motion declared carried. PUBLIC WORKS -Alderman Argus, Chair Director of Public Works Dusckett reviewed his memo of June 4, 2008 regarding the bid award to reset, clean and seal the brick paver sidewalks in the downtown business district; on May 19, 2008, the City Council had referred this matter back to Staff for further review. Director Dusckett presented pros and cons of the various options, i.e. plain concrete, stamped concrete, concrete pavers -common, concrete pavers -architectural and clay brick; because some of the proposed areas for improvement also have potential for redevelopment, it may not be in the best interest to install stamped concrete prior to redevelopment; as an intermediate measure, Staff recommends the City award the bid for brick paver resetting and sealing to improve the appearance of the existing pavers and prevent trip hazards. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council to award bid for Brick Paver Resetting and Sealing in the downtown business district to the lowest bidder, Copenhaver Construction, Inc., 121 Center Drive, Gilberts, IL 60136, at a unit cost of: Clean & Seal - $8/sq. yd.; Resetting -$8/sq. ft.; Install New -$12/sq. ft.; Aggregate Repair -$50/cu. yd.; Base Preparation - $1.40/sq. yd., for a total of $100,000/TIF District #1 Funds. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION WARRANT REGISTER: Resolution R-84-08 BID AWARD/ BRICK PAVER RESETTING & SEALING DOWNTOWN BUSINESS AREA: ADJOURNMENT: PAGE FIVE 189 6/16/08 Moved by Smith, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-84-08, 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: $3,263,940.14. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Murphy Motion declared carried. Moved by Argus, seconded by Brookman, to concur with recommendation of Committee of the Whole to award bid for Brick Paver Resetting and Sealing in the downtown business district to the lowest bidder, Copenhaver Construction, Inc., 121 Center Drive, Gilberts, IL 60136, at a unit cost of: Clean & Seal -$8/sq. yd.; Resetting - $8/sq. ft.; Install New -$12/sq. ft.; Aggregate Repair - $50/cu. yd.; Base Preparation -$1.40/sq. yd., for a total of $100,000/TIF District #1 Funds. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Murphy Motion declared carried. Moved by Beauvais, seconded by Higgason, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:14 p.m. Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS DAY OF Anthony W. Arredia, MAYOR