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03-01-2004126 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 1, 2004 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 6:45 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 1, 2004. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Becker, Smith and Argus. Aldermen Brookman was absent. Also present were: City Manager Niemeyer, Assistant City Manager-EDC Director Schneider, Director of Finance Egeberg, Police Chief Prandini, Fire Chief Farinella, Assistant Director of Engineering Duddles, Director of Public Works Dusckett, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: CITIZEN PARTICIPA.: Moved by Murphy, seconded by Beauvais, to go into Executive Session to review Executive Session minutes regarding acquisition of property for new fire station. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. The City Council recessed at 6:46 p.m. The City Council reconvened at 7:00 p.m. Roll call Beauvais, Argus. indicated that following aldermen present; Christiansen, Murphy, Say ad, Becker, Smith, The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance. Mayor Arredia presented a Certificate of Achievement to Tim Paulsen, State Champion Wrestler, for his exemplary representation of Maine West High School and the City of Des Plaines. Mayor Arredia presented a proclamation and honorary street sign to the Kinder Family, who will soon be closing their business at the corner of Ellinwood and Pearson Streets; the family can trace its history in Des Plaines back to 1849; the headquarters of the Des Plaines Historical Society is the original Kinder family home and stands as a memorial to one of the first families of Des Plaines. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that he has done some investigative work on the new fire station regarding distance and response time (he presented a packet for distribution to the aldermen) ; he is not against a new station but is concerned about it being in the area of Lee Street and Prospect Avenue; he did many trial runs; there are many blind spots in this area; a fire and rescue study should be done; you may be risking lives. CITIZEN (Cont'd.) EXECUTIVE SESSION MINUTES/ NEW FIRE STATION: PAGE TWO 127 3/1/04 Mrs. Dolores Vels, Des Plaines Citizens for Responsible Development, P.O. Box 2760, Des Plaines, addressed the City Council asking why Nick Mitchell is being introduced as the owner of The Riviera; is this a done deal?; she is concerned about traffic and the appearance of this hi- rise. Mr. Edward Ekman, 1101 Prospect Lane, addressed the City Council stating that the new fire station at Lee Street and Prospect Avenue is too large for this site; if you put all the response vehicles, etc. there, you will still have eleven spaces left over; why concentrate all the vehicles in one location?; it does not address the north side of the City; we need two (2) more stations and the firemen to serve these stations; paramedics and firemen save lives, not headquarters and stations. Mrs. Mary Rohde, 1718 Webster Lane, addressed the City Council stating that there will be a serious response time with this location, especially on the north end of Des Plaines; when will the north end of the City be addressed?; she hopes you don't build first and think later; we need a study; the City owes it to the residents to have this done. Ms. Cheryl Hurtenbach, 1212 Prospect Avenue, addressed the City Council stating that we have been told that Lee and Prospect is the best location and studies were done; they have never emerged; she wonders if this information ever existed; we need to have another opinion; do what is best for the people of Des Plaines. Fire Chief Farinella addressed the City Council and responded to the questions and comments that were made about the new fire station at Lee Street and Prospect Avenue. Moved by Smith, seconded by Sayad, to concur with consensus in Executive Session that the following Executive Session minutes, or portions thereof, no longer require confidential treatment and are available for public inspection, as recommended by City Attorney Wiltse in his memo of February 19, 2004: August 13, 2001 -Acquisition of Property New Public Safety Building November 5, 2001 -Acquisition of Property Fire Station #2-Prospect & Lee December 17, 2001 -Acquisition of Property New Fire Station-Lee & Prospect February 4, 2002 -Acquisition of Property New Fire Fae. -Prospect & Lee April 15, 2002 -Acquisition of Property Sandoz Prop., 1300 Touhy vs. 841 Graceland & Lee and Prospect May 6, 2002 -Acquisition of Property Sandoz Prop., 1300 Touhy vs. 841 Graceland & Lee and Prospect -Acquisition of Property New Fire Fae. -Prospect & Lee July 15, 2002 -Acquisition of Property Setting Price or Lease/ 1900 Lee -New Fire Fae. September 3, 2003 -Acquisition of Property Setting Price/Sale-Lease 1175 Prospect Lane 1930 Lee Street June 5, 2003 -Acquisition of Property Fire Station #2 -1313 Oakton It was also the consensus of the aldermen that the need for confidentiality still exists as to all or part of the remaining minutes. Motion declared carried. PARKING GAR. BUDGET PLAN/ METROPOLITAN SQUARE: CONSENT AGENDA: MINUTES: Consent Agenda DEPOSIT OF SNOW/PUBLIC RIGHT-OF- WAY: Ordinance M-10-04 ZONING CASE 04-01-PUD PUD & PLAT/ 2200-2400 DEVON AVE.: Ordinance Z-12-04 TIME EXTEN. & FINAL PLAT/ 9661 GOLF: Consent Agenda Resolution R-18-04 PAGE THREE 128 3/1/04 Moved by Becker, seconded by Murphy, to POSTPONE discussion on approval of the alternate budget plan for parking garage in Metropolitan Square to increase parking spaces for the downtown, until March 15, 2004. Motion declared carried. A resident requested that Items 2 and 2a be removed from the Consent Agenda, and Alderman Becker requested that Items 3 and 3a be removed. Moved by Sayad, seconded by Beauvais, to establish a Consent Agenda except for Items 2, 2a, 3 and 3a. Motion declared carried. Moved by Christiansen, seconded by Sayad, 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; and Resolutions R-18-04, R-19-04, R-20-04, R-21-04, R-22-04, R-23-04 and R-24-04 were adopted. Moved by Christiansen, seconded by Sayad, to approve minutes of the regular meeting of the City Council held February 17, 2004, as published. Motion declared carried as approved unanimously under Consent Agenda. Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council stating that this is another matter that was not codified properly; has anyone gone over the City Code to see if anything else has been left out?; no one wants to clean their sidewalks; it is very dangerous. Alderman Beauvais said that there are areas that no one takes ownership of. City Attorney Wiltse said the City can find out who the owners are and send them a letter. Moved by Murphy, seconded by Argus, to concur with Staff recommendation to amend Title 8, Chapter 1 -"Streets and Sidewalks," Section 11 of the City Code to restore and strengthen Section 8-1-11 -"Injurious Material or Snow on Public Right of Way" inadvertently omitted from the Code when it was recently recodified; and further recommend to place on First Reading Ordinance M-10-04, AN ORDINANCE AMENDING TITLE 8, "PUBLIC WAYS AND PROPERTY," CHAPTER 1, "STREETS AND SIDEWALKS," SECTION 11 "INJURIOUS MATERIAL OR SNOW ON PUBLIC RIGHTS OF WAY INCLUDING BUT NOT LIMITED TO SIDEWALKS, APRONS AND OTHER PAVED AREAS" TO THE DES PLAINES CITY CODE. Motion declared carried. Moved by Becker, seconded by Sayad, to POSTONE Zoning Case 04-01-PUD requesting approval of Planned Unit Development and Final Plat for 2200-2400 Devon Avenue, and placing on First Reading Ordinance Z-12-04; until March 15, 2004 under Consent Agenda. Motion declared carried. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation to grant request from new contract purchasers of property located at 9661 Golf Road for time extension for submittal of final development plans for Water's Edge Condominium Project, 9661 Golf Road (formerly Fisherman's Dude Ranch) from March 12, 2004 through and including March 12, 2005 (first time extension from September 12, 2003 to March 12, 2004 was approved on September 2, 2003 under Resolution R-95-03); original annexation agreement was approved by the City Council on February 18, 2003 under Resolution R-26-03; and further recommend to adopt Resolution R-18-04, A RESOLUTION AUTHORIZING AN EXTENSION OF THE SUBMISSION ~ ~---c--~=-c-~~~~---=~-======-~~============ R-18-04 (Cont'd.) CONTRACT EXTENSION/ MAINT. OF ST. LIGHTS & WIRING: Consent Agenda Resolution R-19-04 REIMBURSE. AGREEMENT/ MCI WORLDCOM LEVEE SO: Consent Agenda Resolution R-20-04 AMBULANCE FEE BILL.-COLL. SERVICES AGREEMENT: Consent Agenda Resolution R-21-04 CONTRACT EXTENSION/ MAD BOMBER FIREWORKS: Consent Agenda Resolution R-22-04 PAGE FOUR 129 3/1/04 THE FINAL PLAN OF DEVELOPMENT FOR THE WATER'S EDGE CONDOMINIUM PROJECT TO MARCH 12, 2005. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded Sayad, to concur with Staff recommendation to approve second one (1)-year contract extension (first extension was approved by the City Council on March 17, 2003 -Resolution R-31-03) with Mildred Electric, d/b/a H&H Electric Company, 2830 Commerce Street, Franklin Park, IL 60131 (originally approved by the City Council on January 21, 2002), for Repair and Utility Location of Public Street Lights and Underground Wiring, at the rate of $65 per hour -7:00 a.m. to 3:00 p.m., Monday through Friday, and $97.50 per hour nights and weekends/2004 Street Services Fund; and further recommend to adopt Resolution R-19-04, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT EXTENSION BETWEEN THE CITY OF DES PLAINES AND MILDRED ELECTRIC D/B/A H&H ELECTRIC FOR REPAIR AND UTILITY LOCATION OF PUBLIC STREET LIGHTS AND UNDERGROUND WIRING FOR THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Reimbursement Agreement with MCI WorldCom Network Services, Inc., 2250 Lakeside Boulevard, Richardson, TX 75082, for the engineering, construction and inspection costs to perform the necessary exposure and protection for MCI WorldCom's fiber optic line that runs through the Levee 50 Flood Control Project, at a not-to-exceed cost to the City of $36, 535. 38/2004 General Improvement Funds; and further recommend to adopt Resolution R-20-04, A RESOLUTION AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT BETWEEN MCI WORLDCOM NETWORK SERVICES, INC. AND THE CITY OF DES PLAINES FOR RELOCATION OF FIBER OPTIC LINES WITHIN THE UNION PACIFIC RAILROAD RIGHT-OF-WAY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute contract with Medical Reimbursement Services, Inc., P.O. Box 43895, Chicago, IL 60643, to provide Non-Resident Ambulance Fee Billing-Collection Services based on 8% of collections for a three (3)-year period, effective March 1, 2004 and ending February 28, 2007; and further recommend to adopt Resolution R-21-04, A RESOLUTION AUTHORIZING THE EXECUTION OF A THREE YEAR CONSULTING SERVICES AGREEMENT BETWEEN MEDICAL REIMBURSEMENT SERVICES, INC. AND THE CITY OF DES PLAINES FOR THE COLLECTION OF NON-RESIDENT AMBULANCE FEE BILLING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute contract extension with the Mad Bomber Fireworks Productions, P.O. Box 418, Kingsbury, IN 46345, for the Fourth of July fireworks display for an additional three (3)-year period for the years 2005, 2006 and 2007, at the current annual contract cost of $16,000 per year/Escrowed Funds; original contract approved by the City Council on February 19, 2002; and further recommend to adopt Resolution R-22-04, A RESOLUTION AUTHORIZING A CONTRACT BETWEEN MAD BOMBER FIREWORKS PRODUCTIONS AND THE CITY OF DES PLAINES FOR FIREWORKS DISPLAYS FOR THE CALENDAR YEARS 2005, 2006 AND 2007. Motion declared carried as approved unanimously under Consent Agenda. ERIC ELIAS SK RUN-WALK/ VARIOUS STREETS: Consent Agenda Resolution R-23-04 LEASE AGREE./ DISTINCTIVE BUS. SVS. COPY MACH.: Consent Agenda Resolution R-24-04 FINAL PLAT/ BORONSKI'S SECOND ADD. 2264 EASTVIEW DR. : Consent Agenda JANUARY ELEC. INSPEC. SERVICES: Consent Agenda PURCHASE/ STAGE AND CHAIRS: Consent Agenda BID AWARD/ EMA RESPONSE VEHICLE: Consent Agenda ADVERTISING FOR BIDS: PAGE FIVE 130 3/1/04 Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation to grant request from Eric Elias Foundation to hold a SK Run/Walk on Saturday, October 2 , 2004, from 8:00 a.m. to 11:00 a.m., on various streets near Orchard Place School to raise money to assist families affected by Muscular Dystrophy, contingent upon execution of a Hold Harmless Agreement and insurance certificate (Eric Elias passed away in 1999 from Duchenne Muscular Dystrophy and attended Orchard Place School); and further recommend to adopt Resolution R-23-04, A RESOLUTION ACKNOWLEDGING THE ERIC ELIAS FOUNDATION'S SK RUN TO BE HELD ON OCTOBER 2, 2004 AND AUTHORIZING THE CLOSING OF STREETS FOR THE SK RUN. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute five ( S) -year lease with Distinctive Business Services, Inc., 3701 Algonquin Road, Suite 2SO, Rolling Meadows, IL 60008, for five (S) replacement copy machines located in the Mayor-City Manager's Office, Engineering Department, Human Resources & Services Department, Community Development Department and Finance Department; at an annual amount not-to-exceed $13,716, which includes all maintenance costs /Budget ed Funds, and it would be in the best interest of the City that usual bid procedures be waived; and furthe r recommend to adopt Resolution R-24-04, A RESOLUTION AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE FOR FIVE COPY MACHINES BETWEEN DISTINCTIVE BUSINESS SERVICES, INC . AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Eugene Boronski's Second Addition t o Des Plaines, 2264 Eastview Drive; and Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation to approve payment to B&F Technical Code Services, Inc., 2401 W. Hassel Road, Suite 1S50, Hoffman Estates, IL 6019S, Invoice #1908S, in the amount of $7, 68 0 /Building & Code Funds, for electri cal inspection services provided in January, 2004. Mot i on declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation to accept proposal from Integrity Furniture, P.O. Box 6523, Longview, TX 7S608, for the purchase of a sectional stage, 100 chairs, steps and storage caddy to be used for City events, in the amount not-to-exceed $11,964/Budgeted 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 Christiansen, seconded by Sayad, to concur with Staff recommendation to award bid for One (1) Medium Duty EMA Response Vehicle to the lowest bidder to meet specifications, Northwest Ford & Sterling Truck Center, 4000 N. Mannheim Road, Franklin Park, IL 60131, in the total bid amount of $89,873/Risk Management Fund #701. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for cleaning of all supply-return ducts at Police Department, returnable by 3: 00 p.m., Friday, March 19, 2004. Motion declared carried as approved unanimously under Consent Agenda. ~ APPOINTMENTS: WARRANT REGISTER: ADVERTISE FOR PROPOSALS SALE OF 841 GRACELAND: ORDINANCE M-11-04 STORM SEWER FEE INCREASE: PAGE SIX 131 3/1/04 Moved by Christiansen, seconded by Sayad, to approve Mayoral appointments as follows: YOUTH COMMISSION Andy Samborski, term to expire December 1, 2005 Barbara Lynn Kukla, term to expire December 1, 2006 SPECIAL EVENTS COMMISSION Cynthia Mueller, term to expire August 31, 2006 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 Christiansen, seconded by Murphy, to recommend to the City Council approval of the March 1, 2004 - Warrant Register, in the total amount of $3,016,575.57; and further recommend that Resolution R-25-04 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Alderman Becker reviewed the Request for Proposal (RFP) as prepared and recommended by the Staff, for the sale of the 841 Graceland Avenue (old Library). Alderman Sayad requested that Item 6 of the requirements be amended to add "for the last five years." Moved by Sayad, seconded by Beauvais, to concur with Staff recommendation and recommend to the City Council approval of Request for Proposals -AS AMENDED for the sale of 841 Graceland Avenue (old Library), with a return date of no-later-than 3:00 p.m., Tuesday, June 1, 2004. Moved by Becker, seconded by Argus, to adopt a SUBSTITUTE MOTION and recommend to the City Council approval of Request for Proposals -AS AMENDED for the sale of 841 Graceland Avenue (old Library), with a return date of no- later-than 3:00 p.m., Thursday, April 15, 2004; and a meeting be held regarding this matter within 30 days of this date. Upon roll call, the vote was: AYES: 2-Becker, Argus NAYS: 5-Beauvais, Christiansen, Murphy, Sayad, Smith ABSENT: 1-Brookman MOTION DECLARED FAILED. Upon roll call on the original motion, the vote was: AYES: 4-Beauvais, Murphy, Sayad, Smith NAYS: 3-Christiansen, Becker, Argus ABSENT: 1-Brookman Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Sayad, seconded by Argus, to place on First Reading Ordinance M-11-04. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 1-Smith ABSENT: 1-Brookman Motion declared carried. M-11-04 (Cont'd.) WARRANT REGISTER: Resolution R-25-04 ADVERTISE FOR PROPOSALS SALE OF 841 GRACELAND: DONATION/ LAKE PARK VETERANS MEMORIAL PROJECT: "CITIZEN PARTICIPA." ON AGENDA: ORDINANCE M-10-04 DEPOSIT OF SNOW/PUBLIC R-0-W.: ADJOURNMENT: PAGE SEVEN 132 3/1/04 Moved by Christiansen, seconded by Sayad, advance to Second Reading and adopt Ordinance M-11-04, AN ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES" CHAPTER 3, "STORM WATER CONVEYANCE SYSTEMS" SECTION 5, "STORM SEWER FEE" OF THE CITY CODE TO INCREASE STORM SEWER FEE RATES. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 1-Smith ABSENT: 1-Brookman Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-25-04, 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: $3,016,575.57. 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 Murphy, seconded by Sayad, to concur with recommendation of Committee of the Whole and approve Request for Proposals -AS AMENDED for the sale of 841 Graceland Avenue (old Library), with a return date of no- later-than 3:00 p.m., Tuesday, June 1, 2004. Motion declared carried. Aldermen Christiansen, Becker and Argus voted no. Moved by Beauvais, seconded by Murphy, that the matter of a donation to the Lake Park Veterans Memorial Project be discussed under Committee of the Whole on March 15, 2004. Motion declared carried. Moved by Becker, seconded by Sayad, to TAKE FROM THE TABLE discussion of the placement of "Citizen Participation" on the meeting agenda (tabled on January 5, 2004), and place it under Committee of the Whole on April 19, 2004. Motion declared carried. Aldermen Murphy and Smith voted no. Moved by Smith, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-10-04, AN ORDINANCE AMENDING TITLE 8, "PUBLIC WAYS AND PROPERTY," CHAPTER 1, "STREETS AND SIDEWALKS," SECTION 11 "INJURIOUS MATERIAL OR SNOW ON PUBLIC RIGHTS OF WAY INCLUDING BUT NOT LIMITED TO SIDEWALKS, APRONS AND OTHER PAVED AREAS" TO THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Smith, Argus, Arredia NAYS: 2-Sayad, Becker ABSENT: 1-Brookman Motion declared carried. Moved by Christiansen, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:01 p.m. APPROVED BY ME THIS :<. 3 DAY OF~ , &;/' 2004 Anthony W. Arredia, MAYOR