Loading...
06-06-2005092 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 6, 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 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, June 6, 2005. ROLL CALL: Roll call indicated the following aldermen present: Murphy, Sayad, Becker, Argus. Aldermen Beauvais, Christiansen, Brookman and Smith were absent. Alderman Smith arrived in Executive Session at 6:33 p.m. Alderman Christiansen arrived in Executive Session at 6:37 p.m. Alderman Brookman arrived at 7:00 p.m. Alderman Beauvais arrived at 8:23 p.m. Also present were: City Manager Niemeyer, Director of Finance Egeberg, Police Chief Prandini, Deputy Fire Chief Jaeger, Director of Engi neering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Bleuher, Assistant City Manager/Director of Human Resources Baj or, Assistant to the City Manager Palm, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: Moved by Murphy, seconded by Becker, to go into Executive Session to discuss probable or imminent litigation. Upon roll call, the vote was: AYES: 5-Murphy, Sayad, Becker, Argus, Arredia NAYS: 0-None ABSENT: 4-Beauvais, Christiansen, Brookman, Smith Motion declared carried. The City Council recessed at 6:31 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, Mayor Arredia asked for prayers for former alderman of the Fifth Ward, Lois Czubakowski (1963-1973), who passed away on June 5, 2005. The opening prayer was given by Pastor Steve Hjelle, Evangelical Free Church of Des Plaines, followed by the Pledge of Allegiance. Mayor Arredia introduced Lee Burr III, President of Des Plaines Elks Lodge #1525, who invited citizens to the Flag Day Celebration on Sunday, June 12, 2005, commemorating the birth of the American Flag; the service will be held on Lake Park Memorial Pavilion beginning at 1:00 p.m.; come join the Elks Lodge in remembering our Flag which is recognized the world over as a symbol of freedom. Mayor Arredia introduced Eagle Scout Cuyler Jenkins who presented an overview of his Eagle Scout Project of a Battery Recycling Program; he would like a permanent site at the Des Plaines Library so people could easily dispose of their used batteries which would prevent environmental damages. Police Chief Prandini presented and recognized the Des Plaines Rifle Club volunteers for their many years of dedicated service: Larry Zumbrock 4 0 years, Brian Kenyon -15 years, and Bud Mukahirn -10 years; plaques of appreciation were presented in grateful appreciation. PRESENTATION (Cont'd.) PROBABLE OR IMMINENT LITIGATION/ BID AWARD 2005 CIP - CONTRACT D, STORM WATER MASTER PLAN, AREA #4: CITIZEN PARTICIPA. : PARKING PAD VARIATION/ 711 s. MT. PROSPECT: CONSENT AGENDA: PAGE TWO 093 6/6/05 Mayor Arredia introduced Margaret Polovchak, Director of the Maine Community Youth Assistance Foundation, who gave a brief presentation on their Social Norms Marketing Campaign to reduce tobacco, alcohol and other drug use by youth in Maine Township. Mayor Arredia introduced Special Events Commissioner and Taste of Des Plaines Chairman Linda Forman who gave a brief presentation on the recently held "2005 Taste of Des Plaines;" it was a tremendous success; she thanked the City and the community for their support and participation. Moved by Argus, seconded by Christiansen, to concur with consensus in Executive Session to award bid for the 2005 CIP -Contract D, Storm Water Master Plan, Area #4, to the lowest bidder, DiPaolo Company, 4350 DiPaolo Center, Glenview, IL 60025, for their bid amount of $5,069,537.40. Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Beauvais Motion declared carried. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that he is still concerned about the changes to the City's health insurance program; he was given a copy of the letter he requested but he understands the City may face a law suit; he has many concerns, i.e. no competitive bids were sought, how was the mistake originally made; he gave City Clerk McAllister a news article regarding Arthur J. Gallagher & Company. Assistant City Manager Bajor said he would be happy to meet with Mr. Burkross regarding his concerns. Mr. Gary Danfield, 655 River Road, addressed the City Council asking why Leona's Restaurant and Subway Sandwiches & Salads were not asked to be part of the Taste of Des Plaines; next year we should invite them. Moved by Christiansen, seconded by Becker, to POSTPONE until June 20, 2005, the matter of a Parking Pad Variation for property located at 711 S. Mt. Prospect Road, scheduled to be discussed under Committee of the Whole later in the meeting. Motion declared carried. A resident requested that Item 1 be removed from the Consent Agenda; Alderman Murphy requested that Items 7, 7a and 26 be removed; Alderman Christiansen requested that Items 8 and 8a be removed; and City Clerk McAllister requested that Items 21 and 22 be removed. Moved by Sayad, seconded by Becker, to establish a Consent Agenda except for Items 1, 7, 7a, 8, 8a, 21, 22 and 26. Motion declared carried. Moved by Christiansen, seconded by Murphy, 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. Executive Session minutes were approved; Staff recommendations and requests were approved; Ordinances T-8-05, T-9-05, Z-5-05 and Z-10-05 were adopted; Ordinances M-28-05, M-29-05, M-30-05 and Z-13-05 were placed on First Reading; and Resolutions R- 84-05, R-85-05, R-86-05, R-87-05, R-88-05, R-89-05, R-90- 05, R-91-05, R-92-05, R-93-05, R-94-05 and R-95-05 were adopted. MINUTES/ 5/16/05: EXEC. SESS. MINUTES/ 5/16/05: Consent Agenda PREVAILING WAGE RATES: Consent Agenda Ordinance M-28-05 LICENSE AGREEMENT/ 749 MADELYN: Consent Agenda Ordinance M-29-05 LICENSE AGREEMENT/ 209 CORNELL: Consent Agenda Ordinance M-30-05 ZONING CASE 05-23-A MAP AMEND./ 841 GRACELAND: Con. Agenda PAGE THREE 094 6/6/05 Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that the minutes of the City Council meeting of May 16, 2005 regarding the Fire Station Location/Resource Deployment Study should be amended to indicate that much was said about the roll of the citizen's focus group, the comprehensive plan was going to have input on this matter, and that the property at Lee Street and Prospect Avenue is still and always has been zoned residential. Alderman Smith stated that the minutes should not be changed for comments not specifically stated at the meeting. Moved by Brookman, seconded by Murphy, that the minutes of the City Council meeting held May 16, 2005, be amended to include the changes recommended by Mr. Burkross. MOTION DECLARED FAILED (Aldermen Murphy, Brookman and Argus voted yes; Aldermen Christiansen, Sayad, Becker and Smith voted no). (the minutes of the City Council meeting held May 16, 2005 were approved later in the meeting) Moved by Christiansen, seconded by Murphy, to approve minutes of the Executive Session of the City Council meeting of May 16, 2005. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation that pursuant to Section 820 ILCS 130/1 of the State Statutes (2004), City establish prevailing rate of wages for laborers, mechanics and other workers employed in performing construction of public works projects for the City ANNUAL STATE REQUIREMENT; and further recommend to place on First Reading Ordinance M-28-05, AN ORDINANCE PURSUANT TO 820 ILCS 130/1, ET SEQ. (2004) PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND PREVAILING WAGE RATES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation to grant request to permit installation of a brick paver driveway apron in the City- owned right-of-way adjacent to property located at 749 Madelyn Drive; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-29-05, 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 OWNER BENITA ZARLING, 7 4 9 MADELYN DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation to grant request to permit reconstruction of a front stoop and service walk in the City-owned right-of-way adjacent to property located at 209 Cornell Avenue; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-30-05, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR A FRONT STOOP AND SERVICE WALK IN THE PUBLIC RIGHT-OF-WAY WITH OWNER, JOSEPH PATRICK WALKER, 209 CORNELL AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, to concur with recommendation of Des Plaines Plan Commission, re Zoning Case 05-23-A, to grant request for Map Amendment to rezone from C-5 Central Business District to R-4 Central Core Residential District for property located at 841 Graceland Avenue; contingent upon petitioner obtainin~ Z-13-05 (Cont'd. ) ZONING CASE 05-27-CU CONDIT. USE/ 216 GRACELAND: Ordinance Z-14-05 ZONING CASE 05-30-CU CONDIT. USE/ 875 E. RAND: Ordinance Z-15-05 TRANSFER OF ESCROW FUNDS/ DES PLAINES SCULPTURE PARK: Consent Agenda Resolution R-84-05 INVESTMENT POLICY AMEND. & AGREEMENTS: Consent Agenda PAGE FOUR 095 6/6/05 a building permit and commencing construction of the proposed 118-unit condominium within one (1) year of final approval by the City Council, or the zoning classification will revert back to C-5 Central Business District; and further recommend to place on First Reading Ordinance Z-13-05, AN ORDINANCE GRANTING A MAP AMENDMENT FROM C-5, CENTRAL BUSINESS TO R-4, CENTRAL CORE RESIDENTIAL FOR THE PROPERTY LOCATED AT 841 GRACELAND AVENUE, DES PLAINES, ILLINOIS (Case 05-23-MAP) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Christiansen, to POSTPONE until June 20, 2005, Zoning Case 05-27-CU regarding request for a Conditional Use to permit a Domestic Pet Service in C-3 General Commercial District on property located at 216 Graceland Avenue, and the placing on First Reading of Ordinance Z-14-05. Motion declared carried. Alderman Christiansen stated his concern that the petitioner has been parking cars on the lawn; there have been violations. Petitioner William Baxmann addressed the City Council stating that this did happen but it was brought to the attention of his personnel; a warning has been given; there will be no parking on the grassy area. Alderman Christiansen also stated his concern that more cars than allowed are being squeezed onto the property; stick to the exact number of cars allowed. Alderman Becker questioned how much sales tax is being generated by this business; he would like to know that. Director of Finance Egeberg said it would take several months to find out that information. (Alderman Beauvais entered the meeting at 8:23 p.m.) Moved by Christiansen, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 05-30-CU, to grant request for amendment to existing Conditional Use (approved by the City Council May 20, 2002 -Ordinance Z-11-02), to permit expansion of car sales lot for 17 vehicles in C-3 General Commercial District on property located at 875 Rand Road, contingent upon the landscaping being included; and further recommend to place on First Reading Ordinance Z- 15-05, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING ORDINANCE TO ALLOW THE EXPANSION OF AN AUTO SALES LOT AT 875 RAND ROAD, DES PLAINES , ILL IN 0 I S ( Case 0 5 - 3 0 -CU ) . Motion declared carried. Alderman Becker voted no. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation to authorize transfer of the entire escrow fund ($5,224.81) of the now dissolved Des Plaines Sculpture Park as follows: $2,005.66 to the TIF Fund and $3,219.15 to the General Fund; and further recommend to adopt Resolution R-84-05, A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO TRANSFER THE SCULPTURE PARK ESCROW FUND TO THE TIF AND GENERAL FUND. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation to authorize amendment to the City's "Investment Policy" (approved by the City Council on July 19, 1999 -Resolution R-43-99) to permit the City to hire investment managers to invest City funds; authorize Staff to execute "Client Account Agreement" and "Brokerage Account Agreement" with PMA Financial Network, Inc. and PMA Securities, Inc., 27545 Diehl Road, Suite 100, Warrenville, IL 60555, to manage City's short term ~ INVESTMENTS (Cont'd. ) Resolution R-85-05 Resolution R-86-05 Resolution R-87-05 CONSULTANT AGREEMENT/ WATER SYSTEM STUDY UPDATE: Consent Agenda Resolution R-88-05 AGREEMENT/ UTIL. TAX & FRANCHISE FEE AUDIT SVS.: Consent Agenda Resolution R-89-05 IDOT AGREE./ STREET MAINTENANCE RENEWAL: Consent Agenda Resolution R-90-05 MWRD AGREE./ WATER METER VAULT ACCESS: Consent Agenda Resolution R-91-05 PAGE FIVE 096 6/6/05 investments; and authorize Staff to execute "Investment Advisor Agreement" with Capital Gains, Inc., 8 0 60 W. Oakton Street, Suite 102, Niles, IL 60714, to manage City's long term investments; and further recommend to adopt: Resolution R-85-05, A RESOLUTION ACCEPTING THE AMENDMENTS TO SECTION VI, "INVESTMENT PARAMETERS," OF THE CITY OF DES PLAINES INVESTMENT POLICY; Resolution R-8 6-05, A RESOLUTION AUTHORIZING THE EXECUTION OF A CLIENT ACCOUNT AGREEMENT AND BROKERAGE ACCOUNT AGREEMENT BETWEEN PMA FINANCIAL NETWORK, INC. AND PMA SECURITY, INC. AND THE CITY OF DES PLAINES FOR MANAGING SHORT TERM INVESTMENTS OF THE CITY'S FUNDS; Resolution R-87-05, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INVESTMENT ADVISOR AGREEMENT BETWEEN CAPITAL GAINS, INC. AND THE CITY OF DES PLAINES FOR MANAGING LONG TERM INVESTMENTS OF THE CITY'S FUNDS. Motion declared carried. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation to authorize Mayor and City Clerk to execute "Consulting Services Agreement" with MWH Americas, Inc., 175 W. Jackson Blvd., Suite 1900, Chicago, IL 60604, to provide a water system study update for the total not-to-exceed amount of $49,827/Budgeted Funds; it would be in the best interest of the City that usual bid procedures be waived; and further recommend to adopt Resolution R-88-05, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONSULTING SERVICES AGREEMENT BETWEEN MWH AMERICAS, INC. AND THE CITY OF DES PLAINES FOR A WATER SYSTEM STUDY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation that Staff be authorized to execute "Professional Service Agreement" with Azavar Technologies Corporation, 234 S. Wabash Avenue, Chicago, IL 60604, to provide Utility Tax and Franchise Fee Audit Services at no cost unless an underpayment of taxes and fees is found, in which case the City will be required to pay a collection fee of 40% for all retroactive collections and a collection fee of 25% for all prospective collections; and further recommend to adopt Resolution R-89-05, A RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN AZAVAR TECHNOLOGIES CORPORATION AND THE CITY OF DES PLAINES FOR UTILITY TAX AUDIT SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute ten (10)-year "Intergovernmental Agreement" renewal with Illinois Department of Transportation (IDOT), 201 W. Center Court, Schaumburg, IL 60196, to perform maintenance services, i.e. street sweeping, snow plowing, on sections of State roads, from July 1, 2005 through June 30, 2015, with initial one (1)-year term and then annual renewals thereafter; City's total compensation for 2005 will be $89,712; and further recommend to adopt Resolution R-90-05, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY OF DES PLAINES FOR MAINTENANCE SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Confined Space Entry Permit Agreement" with Metropolitan Water Reclamation District of Greater Chicago (MWRD), to renew City's access to the water meter vaults on MWRD property, located at 701 W. Oakton Street, for a five (5)-year period beginning June 15, 2005 and ending June 14, 2010, at a cost of $10; and further recommend to adopt Resolution R-91-05, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONFINED SPA~ MWRD AGREE. (Cont'd. ) VEH. ENFORCE. AGREEMENT/ 681-791 KATHLEEN: Consent Agenda Resolution R-92-05 STRATEGIC PLANNING SVS. NORTHERN ILL. UNIVERSITY: Consent Agenda Resolution R-93-05 LEASE AGREE./ 1465 ELLINWOOD: Consent Agenda Resolution R-94-05 AGREEMENT/ OAKTON COLL. JULY 4TH FESTIVITIES: Consent Agenda Resolution R-95-05 LIQ. LIC./ 2300 s. MANNHEIM: Consent Agenda PAGE SIX 097 6/6/05 ENTRY PERMIT AGREEMENT FOR THE PURPOSE OF ALLOWING CITY OF DES PLAINES EMPLOYEES ENTRY INTO A VAULT LOCATED AT THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, 701 WEST OAKTON STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, 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 at 681-791 Kathleen Drive (Kathleen Drive Condominiums); and further recommend to adopt Resolution R-92-05, 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 KATHLEEN DRIVE CONDOMINIUMS FOR PROPERTY LOCATED AT 681-791 KATHLEEN DRIVE, DES PLAINES, ILLINOIS FOR PARKING ENFORCEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation to accept proposal from Northern Illinois University Center for Governmental Studies, DeKalb, Illinois, to provide strategic planning, focus group and goal identification workshops at a cost not-to-exceed $18,000/General Fund; and further recommend to adopt Resolution R-93-05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM NIU CENTER FOR GOVERNMENTAL STUDIES FOR STRATEGIC PLANNING, FOCUS GROUP AND GOAL IDENTIFICATION WORKSHOPS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Lease Agreement" with Hana M. and Bushra Y. Shamoun (formerly with Al Bhagwakar), sole proprietors, d/b/a Kaffeccino, 1465 Ellinwood Street, Des Plaines; and further recommend to adopt Resolution R-94-05, A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF DES PLAINES AND HANA M. AND BUSHRA Y. SHAMOUN, SOLE PROPRIETORS, D/B/A KAFFECCINO, LOCATED AT 1465 ELLINWOOD STREET. Motion declared carried as approved unanimously under Consent· Agenda. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute "Contract for Use of Facilities" with Oakton Community College, 1600 E. Golf Road, to use the Des Plaines Campus for the 4th of July 2005 Festival and Fireworks on Monday, July 4, 2005, 1:00 p.m. to 11: 00 p.m., and City to provide Certificate of Insurance; and further recommend to adopt Resolution R- 95-05, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DES PLAINES AND OAKTON COMMUNITY COLLEGE FOR USE OF THE OAKTON COMMUNITY COLLEGE CAMPUS FOR THE 4TH OF JULY EVENT FOR THE YEAR 2005. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation to grant request for Change of Ownership of Class G Banquet Hall, for property located at 2300 S. Mannheim Road, d/b/a Fountain Blue Banquets; contingent upon verification of fingerprints. Motion declared carried as approved unanimously under Consent Agenda. PARKING PAD VARIATION/ 398 LYNN: Consent Agenda PATIO VARIATION/ 2680 RUSTY: c.o. #1 & #2/ SCADA SYS. MAPLE ST. PUMP. STA.: BID AWARD/ STREET CRACK SEALING: Consent Agenda BID AWARD/ STREET LANE MARKING: Consent Agenda BID AWARD/ 2005 CIP - CONCRETE IMPROVEMENTS: Consent Agenda PAGE SEVEN 098 6/6/05 Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation to grant request for Variation to Section 10-1-11 of the Building Code Amendments to permit enlargement of existing driveway to create a parking pad, 8' x 27' long adjacent to existing 10' wide driveway in the front yard of property located at 398 Lynn Court. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Murphy, to concur with Staff recommendation to grant request for Variation to Section 10-1-11 of the Building Code Amendments for property located at 2680 Rusty Drive, to permit construction of 27'-10" x 5' patio in the side yard 5' from the rear building foundation (Code prohibits patios from extending into the 5' side yard of a house ) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Argus, to concur with Staff recommendation to authorize Change Order #1 and Change Order #2 to contract with Argon Electric Company, Inc., 2472 E. Oakton Street, Arlington Heights, IL 60005, for Supervisory Control and Data Acquisition (SCADA) System Upgrade (approved by the City Council on July 6, 2004 in the amount of $527,495), to remove asbestos and install an additional control panel cabinet at the Maple Street Pumping Station, in the amount of $8,112.27/Water Funds, for a new total contract amount of $535, 607. 4 7. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation to accept the lowest bid through the Northwest Municipal Conference from Behm Pavement Maintenance, Inc., 3010 Route 176, Crystal Lake, IL 60014, for Street Crack Sealing in the amount of $0.90 per pound of sealant for a total cost not-to- exceed $10,000./MFT Funds Section 05-00000-01-GM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation to accept the lowest bid through the Northwest Municipal Conference from Superior Road Striping, Inc., 1967 Cornell Court, Melrose Park, IL 60160, for Street Lane Marking in the amount of 4" line -$0.32/linear ft., 6" line -$0.50/lineal ft., 12" line $0.90/linear ft., 24" line $2/linear ft., letters and symbols -$2.05 sq. ft., and marking removal $0.75 sq. ft., for a total cost not-to-exceed $30, 000/MFT Funds Section 05-00000-02-GM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation to award bid for 2005 Capital Improvement Program Concrete Improvements, to the lowest bidder, Schroeder & Schroeder, Inc., 7306 Central Park, Skokie, IL 60076, in the amount of $400, 000/MFT Funds -Section 05-00193-00-RP. Motion declared carried as approved unanimously under Consent Agenda. APPOINTMENT/ ADMINISTRA. HEARING OFFICER: ORDINANCE T-8-05 PARKING RESTRICTION/ CINDY LANE: Consent Agenda ORDINANCE T-9-05 PARKING RESTRICTION/ HARVEY AVE. : Consent Agenda ORDINANCE Z-5-05 CONDIT. USE & VARIATIONS/ 1733 OAKTON: Consent Agenda ORDINANCE Z-10-05 BUSINESS DISTRICT DESIGN GUIDELINES: Consent Agenda RE-APPOINT./ APPOINTMENTS: PAGE EIGHT 099 6/6 /05 Alderman Murphy asked if this appointment shouldn't be done by the City Manager rather than the Mayor . City Manager Niemeyer said yes, the City Code needs to be changed; this will be done. Alderman Beauvais questioned whether we have any control over the Administrative Hearing Officer. Mayor Arre ida said no and there shouldn't be. Moved by Sayad, seconded by Murphy, to concur with Mayoral appointment of Elroy Sandquist to the position of Administrative Hearing Officer for the City. Motion declared carried. Alderman Beauvais voted no. Moved by Christiansen, seconded by Murphy, to adopt Ordinance T-8-05, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, "STOPPING, STAND ING AND PARKING," SECTION 3, "PARKING PROHIBITE D IN DESIGNATED PLACES" OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Murphy, to adopt Ordinance T-9-05, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, "STOPPING, STANDING AND PARKING," SECTION 3, "PARKING PROHIBITED IN DESIGNATED PLACES" OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimous ly under Consent Agenda. Moved by Christiansen, seconded by Murphy, to adopt Ordinance Z-5-05, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING ORDINANCE TO ALLOW FOR A CONVENIENCE MART FUELING STATION WITH A CAR WASH AND VARIATIONS TO THE ZONING CODE TO PERMIT CONSTRUCTION OF THE FACILITY ON A LOT OF 16,692 FEET WITH ONLY 19 PARKING SPACES LOCATED AT 1733 OAKTON STREET IN DES PLAINES, ILLINOIS (Case 04-74-CU- V) . Motion declared carried as approved unanimousl y under Consent Agenda. Moved by Christiansen, seconded by Murphy, to adopt Ordinance Z-10-05, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO ARTICLE 3. 2-4, "STANDARDS FOR SITE PLAN REVIEW," OF THE CITY OF DES PLAINES ZONING CODE. Motion declared carried as approved unanimously under Consent Agenda. Presented for consideration (no action required) were the following re-appointments/appointments: Re-Appointments: BOARD OF FIRE & POLICE COMMISSIONERS Art Lukowicz CIVIL SERVICE COMMISSION Frank Stryczek LIBRARY BOARD Noreen Lake, Jeremiah Mahony, Elaine Tejcek Police Pension Board Gaston Freeman Appointments: CONSUMER PROTECTION COMMISSION Robert Porada (replacing Carlos Rojas) PLAN COMMISSION Robert J. Niemotka (replacing Roy Doerschner) (final action on this matter under Consent Agenda on June 20 , 2005) MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE WARRANT REGISTER: POLICE FACILITY SITE STUDY: PAGE NINE 100 6/6/05 FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Christiansen, seconded by Brookman, to recommend to the City Council approval of the June 6, 2005 Warrant Register, in the total amount of $5,316,520.91; and further recommend that Resolut i on R- 83-05 be adopted at appropriate time this evening. Motion declared carried. PUBLIC SAFETY -Alderman Beauvais, Chair Assistant to the City Manager Palm and Police Chief Prandini reviewed their memo of May 26, 2005 and gave a PowerPoint Presentation regarding the current infrastructure/space issues in the police station; the station was build in 1974-75 and is approximately 20,050 sq. ft; in 2001 Sente, Rubel, Bosman & Lee Architects, performed a needs analysis of the facility which showed that the police department needs approximately 55,000- 60,000 sq. ft. of space. Assistant to the City Manager Palm and Police Chief Prandini reviewed the four (4) options being presented for the aldermen's consideration: 1. Repair/remodel Existing Station; 2. Build New Station & Garage at Current Location; 3. Build New Station & Garage at Other Location; and 4. Proposed Infill Addition The Staff is recommending Options #2 and #3; they will prepare a comprehensive needs study for the aldermen's consideration. Alderman Brookman stated that the police department has definite need issues; we now have to look for land when we had the old Library property; we should not close our options; everything should be on the table; maybe we should look at a joint facility for both the fire department and police department. Alderman Sayad stated that he thought there were preliminary plans somewhere to rebuild on the current site; he favors rebuilding. City Manager Niemeyer stated that the Staff would like authorization to move forward with this; we don't want to get into a lot of discussion on the land on this point. Alderman Becker stated that he agrees we should not get into where the place will be, but we should be looking at a new site; work with the Community Development Department for new land. Alderman Murphy stated that she, too, remembers seeing plans for rebuilding on the present site of the police station; this would be the best location; we want to meet the police needs; she would like to see us stay on this site. Alderman Christiansen stated that we have to do something and we have to do it quickly. Alderman Argus stated that we do need a new station; we should look at Options #2 and #3. Alderman Smith stated that he agrees; Staff should come back to us with full information on Options #2 and #3. Alderman Brookman stated that we should go with Options #2 and #3; we need to tell the residents what it will cost. POLICE STA. (Cont'd.) ZONING CASE 05-15-CU CONDIT. USE/ 510 METROPOLITAN WAY: PAGE TEN 101 6/6/05 Alderman Beauvais stated that we really need to get moving on this; go with Options #2 and #3; residents need to be kept informed. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating that Lee and Oakton Streets seem to be the spot for both; two (2 ) departments can work in one (1) facility. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that a combined facility did not work in two (2) communities that he talked to; it causes conflict; he would like to see us pursue this ; is 55, 000-60, 000 sq. ft. big enough. Police Chief Prandini said yes, they planned for the future; it will be big enough. Moved by Beauvais, seconded by Argus, to concur with Staff recommendation and recommend to the City Council regarding Police Facility Site Study that Staff be authorized to explore Option #2 -Build New Station & Garage at Current Location, and Option #3 -Build New Station & Garage at Other Location; report back to the City Council with information on specific sites and updated construction figures; and, if necessary, an Executive Session be held regarding land acquisition. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Alderman Becker reviewed this request for a Conditional Use to permit construction of a four ( 4) -lane drive- through bank facility on property located at 510 Metropolitan Way. Alderman Becker questioned the need for four (4) lanes. Mr. Randall Morrissey, Real Estate Manager, Fifth Third Bank, 1701 Golf Road, Rolling Meadows, IL, addressed the Committee of the Whole and reviewed the site plans. Alderman Murphy stated that she has significant concerns about this entire project; shouldn't we approve a change to the PUD?; this was not in the plan that was approved; should we be approving a free-standing entity? Moved by Murphy, seconded by Brookman, to recommend to the City Council to POSTPONE Zoning Case 05-15-CU, regarding request for a Conditional Use to permit construction of a four (4)-lane drive-through bank facility on property located at 510 Metropolitan Way for further review. Moved by Becker, seconded by Sayad, to adopt a SUBSTITUTE MOTION to concur with Staff recommendation and recommend to the City Council, re Zoning Case 05-15- CU, to grant request for Conditional Use to permit construction of a three (3) -lane drive-through bank facility on property located at 510 Metropolitan Way; Ordinance Z-12-05 be placed on First Reading at appropriate time this evening and then held until a legal opinion is received from the City Attorney as to whether the PUD needs to be amended to show a 4,000 sq. ft. bank and not 11,000 sq. ft. of retail. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Sayad, Becker, Argus NAYS: 3-Murphy, Brookman, Smith ABSENT: 0-None Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION MINUTES/ 5/16/05: ORDINANCE M-29-05 LICENSE AGREEMENT/ 749 MADELYN DR.: ORDINANCE M-30-05 LICENSE AGREEMENT/ 209 CORNELL: RESOLUTION R-81-05 AS AMENDED FIRE STATION LOCATION RESOURCE DEPLOYMENT STUDY: RESOLUTION R-82-05 AGREEMENT/ MAP COMMAND CHAPTER #241: ORDINANCE M-27-05 COMPENSATION PLAN, MAP COMMAND CHAPTER #241: PAGE ELEVEN 102 6/6/05 Moved by Sayad, seconded by Becker, to approve minutes of the regular meeting of the City Council held May 16, 2005, as published. Motion declared carried. Aldermen Murphy and Brookman voted no. Moved by Smith, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-29-05, 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 OWNER, BENITA ZARLING, 7 4 9 MADELYN DRIVE, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-30-05, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR A FRONT STOOP AND SERVICE WALK IN THE PUBLIC RIGHT-OF-WAY WITH OWNER, JOSEPH PATRICK WALKER, 209 CORNELL AVENUE, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Murphy, to adopt Resolution R-81-05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE EXECUTION OF A PERSONAL SERVICES CONTRACT BETWEEN EMERGENCY SERVICES CONSULTING, INC. AND THE CITY OF DES PLAINES FOR THE FIRE STATION LOCATION/RESOURCE DEPLOYMENT STUDY. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus Nays: 0-None ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Smith, to adopt Resolution R-82-05, A RESOLUTION RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT WITH THE METROPOLITAN ALLIANCE OF POL I CE, DES PLAINES COMMAND CHAPTER # 2 4 1 . Upon ro 11 call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becket, Smith NAYS: 1-Argus ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Murphy, to adopt Ordinance M-27-05, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE," SCHEDULE II-B "PUBLIC SAFETY SUPERVISORY PERSONNEL-UNIONIZED" OF THE CITY CODE. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith NAYS: 1-Argus ABSENT: 0-None Motion declared carried. - WARRANT REGISTER: Resolution R-83-05 POLICE FACILITY SITE STUDY: ZONING CASE 05-15-CU CONDIT. USE/ 510 METROPOLITAN WAY: ADJOURNMENT: PAGE TWELVE 103 6/6/05 Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-83-05, BE IT RESOLVED BY THE CITY COUNCI L 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: $5,316,520.91. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Sayad, to concur with recommendation of Committee of the Whole regarding Police Facility Site Study that Staff be authorized to explore Option #2 Build New Station & Garage at Current Location, and Option #3 -Build New Station & Garage at Other Location; report back to the City Council with information on specific sites and updated construction figures; and, if necessary, an Exe cu ti ve Session be held regarding land acquisition. Motion declared carried. Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole, re Zoning Case 05-15-CU, to grant request for Conditional use to permit construction of a three (3) -lane drive-through bank facility on property located at 510 Metropolitan Way; place on First Reading Ordinance Z-12-05, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING ORDINANCE TO ALLOW FOR A FINANCIAL INSTITUTION AND DRIVE THROUGH FACILITY LOCATED AT 510 METROPOLITAN WAY IN DES PLAINES, ILLINOIS; and then held until a legal opinion is received from the City Attorney as to whether the PUD needs to be amended to show a 4,000 sq. ft. bank and not 11,000 sq. ft. of retail. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Sayad, Becker, Argus NAYS: 3-Murphy, Brookman, Smith ABSENT: 0-None Motion declared carried. Moved by Say ad, seconded by Becker, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:56 p.m. ~~- Donna McAllister, MMC -CITY CLERK APPROVED BY ME THIS DAY OF ~~' Anthon~ 2005