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10-06-2008224 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, OCTOBER 6, 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, October 6, 2008. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Moylan, Murphy, Brookman, Walsten, Smith and Argus. Alderman Higgason was absent. Also present were: City Manager Bajor, Assistant City Manager Slowinski, Acting Director of Finance Wisniewski, Police Chief Prandini, Deputy Fire Chief Eilken, Director of Engineering Oakley, Assistant Director of Public Works Laux, Deputy Director of Community & Economic Development Angell, Director of Information Technology Duebner and City Attorney Wiltse. PRAYER: 2007 TIF ANALYSIS REPORT: CONSENT AGENDA: MINUTES: Consent Agenda The opening prayer was given by Farooqui, Islamic Community Center, Pledge of Allegiance to the Flag. President followed Ghulam by the Moved by Smith, seconded by Brookman, to POSTPONE until November 3, 2008 the matter of 2007 TIF Analysis Report scheduled to be discussed this evening under Committee of the Whole. Motion declared carried. Alderman Brookman requested that Items 3 and 3a be removed from the Consent Agenda, and Alderman Murphy requested that Items 10 and lOa be removed. Moved by Beauvais, seconded by Murphy, to establish a Consent Agenda except for Items 3, 3a, 10 and lOa. Motion declared carried. Moved by Murphy, seconded by Brookman, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Brookman, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Higgason Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-33-08 and Z-26-08 were adopted; Ordinance M-35-08, M-36-08, M-37-08 and M-38-08 were placed on First Reading; and Resolutions R-119-08, R-121-08, R-123-08, R-124-08, R-125-08, R-126-08, R-127-08, R-128-08, R-129- 08, R-130-08 were adopted. Moved by Murphy, seconded by Brookman, to approve minutes of the regular meeting of the City Council held September 15, 2008, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to approve minutes of the Executive Session of the regular meeting of the City Council held September 15, 2008. Motion declared carried as approved unanimously under Consent Agenda. AMENDMENTS/ FLOOD CONTROL REGULATIONS: Ordinance M-34-08 LIQ. LIC./ 1572 RAND: Consent Agenda Ordinance M-35-08 LIQ. LIC./ 1285 ELMHURST; Consent Agenda Ordinance M-36-08 LIQ. LIC./ 1261 E. ALGONQUIN: Consent Agenda Ordinance M-37-08 DISPOSAL OF OBSOLETE COMPUTER EQUIPMENT: Consent Agenda Ordinance M-38-08 PAGE TWO 225 10 /6/08 Alderman Brookman stated that she will be voting no because it is not clear in the ordinance how the City will be protected. Moved by Beauvais, seconded by Moylan, to concur with Staff recommendation to approve amendments to the City's Flood Control Regulations (approved in 1992) as required by the Federal Emergency Management Agency ( FEMA) in order to comply with the minimum requirements of the National Flood Insurance Program (NFIP) ; amendments include clarification of definitions, i.e. "substantial improvement," permit new houses that receive a Letter of Map Revision to have a finished floor below the 100-year flood plain; and further recommend to place on First Reading Ordinance M-34-08, AN ORDINANCE AMENDING TITLE 14, "FLOOD CONTROL," OF THE DES PLAINES CITY CODE . Motion declared carried. Alderman Brookman voted no. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to amend Title 4, Chapter 4 "Intoxicating Liquors," Section 4-4-5:A of the City Code to add a new Class B -Bulk Sales Dealers Liquor License for property located at 1572 Rand Road, d/b/a Salute Wine, Spirits and Specialties; contingent upon verification of background check; and further recommend to place on First Reading Ordinance M-35-08, AN ORDINANCE AMENDING TITLE 4' "BUSINESS REGULATIONS I II CHAPTER 4' "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS B LIQUOR LICENSE FOR RAND RIVER LIQUORS, LLC D/B/A SALUTE WINE, SPIRITS AND SPECIALTIES LOCATED AT 1572 RAND ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to amend title 4, Chapter 4 " Into xi cat in g Liquors , " Section 4 - 4 - 5 : A. of the City Co de to add a new Class E -Restaurant and Dining Room Liquor License for property located at 1285 Elmhurst Road, d/b/a Makidon Restaurant; contingent upon verification of background check; and further recommend to place on First Reading Ordinance M-36-08, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS E LIQUOR LICENSE FOR MAKIDON, INC. D/B/A MAKIDON JAPANESE RESTAURANT LOCATED AT 1285 ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to amend Title 4, Chapter 4 " Into xi cat in g Liquors , " Section 4 - 4 - 5 : A. of the City Code to add a new Class A -Tavern Liquors Dealers License for property located at 1261 E. Algonquin Road, d/b/a Cancun City Mexican Restaurant; contingent upon verification of background check; and further recommend to place on First Reading Ordinance M-37-08, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER" OF THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR CANCUN CITY II, INC. D/B/A CANCUN CITY MEXICAN RESTAURANT LOCATED AT 1261 E. ALGONQUIN ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize to sell obsolete telephones, computers, printers, cameras and various other computer components no longer necessary or useful to the City through the eBay auction website for local pickup to the highest qualified bidder; and further recommend to place on First Reading Ordinance M-38-08, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC t.:r38-08 (Cont'd.) BID AWARD/ STORM WATER PUMPING STATION - 195 OAKTON: Consent Agenda Resolution R-119-08 REDUCTION OF PUBLIC IMPRV. SURETY/ 2110 SPRUCEWOOD: Consent Agenda Resolution R-121-08 REDUCTION OF PUBLIC IMPRV. SURETY/ 2321-2327 WESTVIEW: Resolution R-122-08 STATE GRANT/ PURCHASE OF OF POLICE PORTABLE RADIOS: Consent Agenda Resolution R-123-08 STATE GRANT/ PURCHASE OF POLICE PORTABLE RADIOS Consent Agenda Resolution R-124-08 BUREAU OF JUSTICE GRANT PURCHASE OF POLICE PORTABLE RADIOS: Consent Agenda Resolution R-125-08 PAGE THREE 226 10/6/08 PERSONAL PROPERTY IN ACCORDANCE WITH CITY CODE SECTION 1-12-4. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to accept the second lowest responsible bid from Marc Kresmery Construction, 1 725 Weld Road, Elgin, IL 60123, for the completion of the Storm Water Pumping Station Rehabilitation Project, 195 Oakton Street (contract awarded on November 5, 2007 but terminated on August 7, 2008 due to contract non- performance), in an amount not-to-exceed $517, 333. 06 minus credits/Capital Projects Funds; and further recommend to adopt Resolution R-119-08, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE SECOND LOWEST RESPONSIBLE BID OFFER FROM MARC KRESMERY CONSTRUCTION FOR THE COMPLETION OF THE OAKTON STREET STORM WATER PUMPING STATION REHABILITATION AT A COST OF $517,333.06. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to grant request for Reduction of Public Improvement Surety for Delgado's Eleventh Subdivision, 2110 Sprucewood Avenue, from $18, 466 to $4,986; and further recommend to adopt Resolution R-121- 08, A RESOLUTION APPROVING REDUCTION OF PUBLIC IMPROVEMENT SURETY FOR DELGADO'S ELEVENTH SUBDIVISION LOCATED AT 2110 SPRUCEWOOD AVENUE, DES PLAINES, ILLINOIS . Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Argus, to POSTPONE until October 20, 2008 discussion on the request for Reduction of Public Improvement Surety for Westview Place Subdivision, 2321 and 2327 Westview Drive and Resolution R-122-08. Motion declared carried. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to accept Grant #08203910 from the State of Illinois -Department of Commerce and Economic Opportunity in the amount of $25,000 for purchase of replacement portable radios for patrol officers; and further recommend to adopt Resolution R-123-08, A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT BETWEEN THE STATE OF ILLINOIS DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY AND THE CITY OF DES PLAINES FOR A GRANT IN THE AMOUNT OF $25,000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to accept Grant #08203217 from the State of Illinois -Department of Commerce and Economic Opportunity in the amount of $15,000 for purchase of replacement portable radios for patrol officers; and further recommend to adopt Resolution R-124-08, A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT BETWEEN THE STATE OF ILLINOIS DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY AND THE CITY OF DES PLAINES FOR A GRANT IN THE AMOUNT OF $15,000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to accept Grant #2007-DJ-BX-1059 from the U.S. Department of Justice -Bureau of Justice Assistance in the amount of $10, 040 for purchase of replacement portable radios for patrol officers; and further recommend to adopt Resolution R-125-08, A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT BETWEEN THE BUREAU OF JUSTICE ASSISTANCE AND THE CITY OF DES PLAINES FOR A PORTION OF A GRANT IN THE AMOUNT OF $10, 040. Motion declared carried as approved unanimously under Consent Agenda. ~ 2008 FALL TREE PURCHASE: Consent Agenda Resolution R-126-08 WAIVER OF FLOOD- RELATED BUILDING PERMIT FEES: Consent Agenda Resolution R-127-08 VEHICLE ENFORCEMENT AGREEMENT/ 495 LEE: Consent Agenda Resolution R-128-08 CONTACT ADDENDUM #2/ OAKTON ST. RETENTION BASIN PUMPS: Consent Agenda Resolution R-129-08 DES PLAINES CROP WALK 2008/ VARIOUS STREETS: Consent Agenda Resolution R-130-08 PAGE FOUR 227 10/6/08 Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize purchase through the West Central Municipal Conference Suburban Tree Consortium, 2000 Fifth Avenue, Bldg. J, River Grove, IL 60171, for the Fall 2008 Purchasing and Planting of approximately 500 trees in the amount not-to-exceed $125,000/Budgeted Funds; and further recommend to adopt Resolution R-126-08, A RESOLUTION AUTHORIZING THE PURCHASE OF TREES THROUGH THE WEST CENTRAL MUNICIPAL CONFERENCE -SUBURBAN TREE CONSORTIUM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with consensus of aldermen on September 15, 2008, to waive the building permit fees for property rehabilitation resulting from the storm/flood damage of September 12-14, 2008; and further recommend to adopt Resolution R-127-08, A RESOLUTION AUTHORIZING THE WAIVER OF FLOOD-RELATED BUILDING PERMIT FEES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize City Manager and City Clerk to execute "Agreement for Enforcement of Municipal Ordinances on Private Property" for police, traffic and parking enforcement for property located at 495 Lee Street (Des Plaines Elks Club) ; and further recommend to adopt Resolution R-128-08, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND THE DES PLAINES ELKS CLUB, INC. FOR PROPERTY LOCATED AT 495 LEE STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to approve Contract Addendum #2 with Trotter and Associates, Inc., 16 N. First Avenue, St. Charles, IL 60174 (contract approved by the City Council on March 5, 2007 and Addendum #1 approved by the City Council on May 5, 2008 -Resolution R-63-08) to perform structural, electrical, mechanical and design services for replacement of storm water pumps at Oakton Street retention basin at an additional cost of $11,000, to be added to the original contract amount of $69,032.75 and Addendum #1 amount of $26,849.47 for a new total contract amount of $106, 882.22/Capital Projects Funds; and further recommend to adopt Resolution R-129-08, A RESOLUTION APPROVING CONTRACT ADDENDUM NUMBER 2 FROM TROTTER AND ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR THE OAKTON STREET RETENTION BASIN PUMP REPLACEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to grant request from Des Plaines CROP Walk 2008 to use various City Streets and sidewalks on Sunday, October 26, 2008, to conduct their annual CROP Hunger Walk, from 1:30 p.m. to approximately 3:30 p.m., to benefit the Des Plaines Self-Help Pantry, WINGS and Northwest Suburban Day Care Center; and further recommend to adopt Resolution R-130-08, A RESOLUTION AUTHORIZING THE USE OF VARIOUS STREETS AND SIDEWALKS IN THE CITY OF DES PLAINES FOR THE DES PLAINES CROP HUNGER WALK ON SUNDAY, OCTOBER 26, 2008. Motion declared carried as approved unanimously under Consent Agenda. LIQ. LIC./ 864 RAND: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M-33-08 PARKING PAD DEFINITIONS, ZONING CODE: Consent Agenda ORDINANCE Z-26-08 CONDIT. USE/ 650 W. ALGONQUIN: Consent Agenda ORDINANCE M-35-08 LIQ. LIC./ 1572 RAND: WARRANT REGISTER: PRESENTATION/ 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT - (CAFR) : PAGE FIVE 228 10/6/08 Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to approve Change of Ownership for Class A -Tavern Liquors Dealers License and Class J - Special 4 a.m. Liquor License, for property located at 864 Rand Road, d/b/a Rand Road House; contingent upon verification of background check. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize City Clerk to advertise for bids for 2008 Holiday Decorations, returnable by 3: 00 p.m., Tuesday, October 21, 2008. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize City Clerk to advertise for bids for 2008 CIP Traffic Signal Emergency Vehicle Preemption Project, returnable by 3:00 p.m., Thursday, October 23, 2008. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to adopt Ordinance M-33-08, AN ORDINANCE AMENDING TITLE 10, "BUILDING CODE," CHAPTER 1, "ENACTMENT," SECTION 11, "DRIVEWAY AND HARD SURFACE LIMITATIONS," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to adopt Ordinance Z-26-08, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-5 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW A COMMERCIAL HEALTHCARE SCHOOL AND PLACEMENT SERVICE, LLC TO OPERATE AT 650 W. ALGONQUIN ROAD, DES PLAINES, ILLINOIS (Case 08-35-CU) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-35-08, AN ORDINANCE AMENDING TITLE 4 I "BUSINESS REGULATIONS I II CHAPTER 4 I "INTOXICATING LIQUORS, II SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS B LIQUOR LICENSE FOR RAND RIVER LIQUORS, LLC D/B/A SALUTE WINE, SPIRITS AND SPECIALITIES LOCATED AT 1572 RAND ROAD, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Brookman, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Higgason Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION Alderman Smith, Chair Moved by Brookman, seconded by Beauvais, to recommend to the City Council approval of the October 6, 2008 Warrant Register, in the total amount of $4,863,978.76, and further recommend that Resolution R-131-08 be adopted at appropriate time this evening. Motion declared carried. Acting Director of Finance Wisniewski stated that this is the 27th year that the City has received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) ; this award is nationally recognized and represents a significant accomplishment for the City and its management. CAFR REPORT (Cont'd.) ORDINANCE M-30-08 AS AMENDED GARBAGE ORDINANCE REVISIONS: ORDINANCE Z-25-08 TIME EXTENSION/ 2811-2845 MANNHEIM: ORDINANCE M-32-08 DISPOSITION/ CITY-OWNED PAINTINGS: PAGE SIX 229 10/6/08 Acting Director Wisnieswski introduced Kay Nees, CPA Manager, Virchow, Kraus & Company, LLP, 1301 W. 22 nct Street, Suite 400, Oak Brook, IL 60523, City's audit firm, who gave an overview of the Report on Internal Control as of December 31, 2007; the report lists potential controls that should be in place in order to achieve a higher level of reliability from errors or irregularities in the City's current processes; these identified controls will be addressed within the near future and are not considered critical to the City's current operations. Ms. Nees then provided an overview of the 2007 CAFR; a general overview of the financial position of the City; and answered questions from the aldermen. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Brookman, seconded by Argus, to adopt Ordinance M-30-08, AN ORDINANCE AMENDING TITLE 5, "PUBLIC HEALTH AND SAFETY," CHAPTER 2, "GARBAGE, YARD WASTE AND COMPOSTING," OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Brookman, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Higgason Motion declared carried. Moved by Murphy, seconded by Argus, to adopt Ordinance Z-25-08, AN ORDINANCE GRANTING A 12 MONTH EXTENSION FOR THE CONDITIONAL USE AND FINAL PLANNED UNIT DEVELOPMENT WITH PERMITTED PUD BULK EXCEPTIONS GRANTED BY ORDINANCE Z-24-07 FOR THE PROPERTY COMMONLY KNOWN AS 2811-2845 MANNHEIM ROAD, DES PLAINES, (Case 06-16-PUD-A) . Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Brookman, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Higgason Motion declared carried. Alderman Brookman stated that the City should not give up ownership of these paintings; they were paid for by taxpayers; we could loan them out to various organizations. Alderman Argus stated that she would like to keep these paintings here at City Hall; especially the Des Plaines paintings; they could be hung in various offices; these were bought by the City. Moved by Brookman, seconded by by Murphy, to amend Ordinance M-32-08 that the City would retain ownership of the paintings but they would be available to various organizations, i.e. Des Plaines Library, Des Plaines Art Guild. Motion declared carried. Alderman Argus voted no. Moved by Brookman, seconded by Murphy, that the City retain ownership of seven (7) paintings (Camden, Maine; Winter Morning; East Morning; Des Plaines, IL 2000; Essence of Des Plaines; the First McDonalds and Capitol Dome) and they be made available on loan to various organizations; and further recommend to place on First Reading Ordinance M-32-08 -AS AMENDED. Motion declared carried. Alderman Argus voted no. WARRANT REGISTER: Resolution R-131-08 ADJOURNMENT: PAGE SEVEN 230 10/6/08 Moved by Smith, seconded by Murphy, to concur with recommendation of Committee of the Whole to adopt Resolution R-131-08, 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: $4,863,978.76. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Brookman, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Higgason Motion declared carried. Moved by Beauvais, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:12 p.m. Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS DAY OF --1._(~r~)~st_~==.µ~~-' 2008 Anthony