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01/03/19951. 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, TUESDAY, JANUARY 3, 1995 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Ted Sherwood at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, January 3, 1995. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Haupt. Alderman Chiropolos arrived at 7:03 p.m. Also present were: City Treasurer Fredricks, City Manager Douthwaite, City Comptroller Peters, Police Chief Sturlini, Fire Chief Farinella, Public Works Director Shirley, City Engineer Oakley, Emergency Communications Director Ornberg, Human Resources and Services Department Director Merriman, and City Attorney Wiltse. PRAYER AND The opening prayer was given by Pastor Steve Hjelle, PLEDGE: Evangelical Free Church, followed by the Pledge of Allegiance to the Flag. CONSENT City Clerk McAllister requested that Item 1 be removed AGENDA: from the Consent Agenda; Alderman Curley requested that Items 2 and 2a be removed; and Alderman Elstner requested that Items 3 and 3a be removed. MINUTES: Moved by Sarlo, seconded by Chiropolos, to establish a Consent Agenda except for Items 1, 2, 2a, 3, and 3a. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. The minutes are approved. The Staff recommendations and requests are approved; Ordinances M -89 -94 and M -92 -94 are adopted; and Ordinances T -1 -95, Z -1 -95 and Z -2 -95 were placed on First Reading. Moved by Sarlo, seconded by Chiropolos, to approve minutes of regular meeting of the City Council held December 19, 1994. Corrections: Page Three, Paragraph Five, Line Seven, add "City Comptroller Peters stated that there was no corroborating evidence that the Consumer Protection Commission had an annual savings of $350,000;" Page Four, Paragraph Five, Line Sixteen, following the word carried, add "Aldermen Beauvais and Christiansen voted no;" and Page Eleven, Paragraph Two, Line Five, add "Motion declared carried." Following corrections, motion declared carried. RESTRUCTUR. Moved by Curley, seconded by Sarlo, to concur with OF EDC: recommendation of Committee of the Whole on December 19, 1994, that the position of Executive Director of the Ordinance Economic Development Commission be brought under the M -93 -94 employ of the City, and the Commission's budget be consolidated into the City's and further recommend to place on First Reading Ordinance M -93 -94 - AS AMENDED /AN ORDINANCE AMENDING SECTIONS 2 -24 -5 "EXECUTIVE COMMITTEE OF COMMISSION," 2 -24 -6 "EXECUTIVE DIRECTOR OF COMMISSION," 2 -24 -7 "POWERS OF THE ECONOMIC DEVELOPMENT COMMISSION OF THE CITY," OF CHAPTER 24 "ECONOMIC DEVELOPMENT COMMISSION," TITLE II, OF THE CITY CODE OF PAGE TWO 2. 1/3/95 ORDINANCE DES PLAINES, AND FURTHER DELETING SECTIONS 2 -24 -8 M -93 -94 "INVESTMENT OF FUNDS" AND 2- 24 -11(D) IN THEIR ENTIRETY. (Cont'd.) Motion declared carried. Alderman Beauvais and Christiansen voted no. SALE OF The recommendation of Committee of the Whole on December CITY PROP.: 19, 1994, that vacant City property located east of Fire Station No. 3, 180 E. Thacker Street, be declared Resolution surplus; Staff be authorized to take necessary action to R -1 -95 offer it for sale; and adopt Resolution R- 1 -95/A RESOLUTION AUTHORIZING THE SALE OF SURPLUS REAL ESTATE COMMONLY KNOWN AS 180 E. THACKER STREET came before the City Council for consideration. Moved by Elstner, seconded by Curley, to suspend the rules to permit public input on this matter. Motion declared carried. Mr. David Markworth, Director, Parks & Recreation - Des Plaines Park District, addressed the City Council and requested that this land remain in the public domain as open space and the Des Plaines Park District be allowed to develop this property as a public park; there is a great need for girls' softball fields. Mr. Joseph Ciampi, 568 Rose Avenue, Chairman of the Des Plaines Girls' Softball League, addressed the City Council and urged that this property be used for girls' athletics. Mr. Robert Bade, 1260 River Drive, addressed the City Council and requested that this property remain on the tax rolls. Mayor Sherwood suggested that this matter be discussed at another meeting when this would be the only item on the agenda. It was agreed that a Committee of the Whole meeting would be held Wednesday, February 1, 1995, to further discuss this matter. VARIATION/ Moved by Sarlo, seconded by Chiropolos, to concur with 926 recommendation of Committee of the Whole on December 19, GRACELAND: 1994, re Zoning Case 94 -61 -V, to grant request for Consent Variation to permit reduction to parking standards to Agenda allow 29 parking spaces for new retail use instead of required 63 spaces, on property located at 926 S. Ordinance Graceland Avenue, in M -1 Restricted Manufacturing Z -1 -95 District, contingent upon: 1. Installation of 8' solid opaque and view screening fence along west property line, 220' south from where building jogs 14.83' towards the property line, and mutually acceptable screening must be provided along south end of west property line between subject property and adjacent single family residence; 2. Enclosure be installed to contain on -site dumpsters; 3. All parking spaces as well as ingress /egress patterns be clearly marked; 4. No materials be stored outside of main building; 5. That variance be valid for proposed use only (parking variation will become void if present commercial use is expanded or modified); and further recommend to place on First Reading Ordinance Z -1 -95, AN ORDINANCE GRANTING A VARIATION TO SECTION 5.1.5 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT A REDUCTION TO PARKING STANDARDS TO ALLOW 29 PARKING SPACES FOR A NEW RETAIL USE INSTEAD OF THE REQUIRED 63, FOR 926 SOUTH GRACELAND AVENUE (CASE NO. 94- 61-V). Motion declared carried as approved unanimously under Consent Agenda. PAGE THREE • 1/3/95 SPEED LIMIT/ Moved by Sarlo, seconded by Chiropolos, to concur with KENILWORTH Staff recommendation to grant request for installation COURT: of 25 mph speed limit signs on entire length of Consent Kenilworth Court (east /west and north /south sections); Agenda and further recommend to place on First Reading Ordinance T -1 -95, AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE Ordinance OF DES PLAINES, ENTITLED "MISCELLANEOUS DRIVING RULES" T - - 95 TO PROVIDE FOR A 25 MILE AN HOUR SPEED LIMIT ON KENILWORTH COURT. Motion declared carried as approved unanimously under Consent Agenda. TEXT AMEND./ Moved by Sarlo, seconded by Chiropolos, to concur with ANTENNAS: recommendation of Des Plaines Zoning Board of Appeals and Consent Staff recommendation re Zoning Case 94 -59 -A to approve Agenda Text Amendment to remove all current language pertaining to antenna towers from Section 10.9 of the Zoning Ordinance Ordinance and cite Title 4, Chapter 6 of the City Code Z - - 95 as that section regulating antenna installations, thus there would be one controlling code for all antennas and satellite dish installations; and further recommend to place on First Reading Ordinance Z -2 -95, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO ARTICLE 10 "GENERAL PROVISIONS" OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO DELETE SECTION 10.9 "ANTENNA TOWERS" IN ITS ENTIRETY AND ADD IN ITS. STEAD A NEW SECTION 10.9 "ANTENNA INSTALLATIONS." Motion declared carried as approved unanimously under Consent Agenda. ELEVATOR Moved by Sarlo, seconded by Chiropolos, to concur with CODE Staff recommendation to grant request for Variation to VARIATION/ Rule 2000.7 of the ANSI 17.1 Elevator Code regulations 1500 LEE: to permit the installation of a handicapped lift between Consent the first floor and the basement on property located at Agenda 1500 Lee Street. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISING Moved by Sarlo, seconded by Chiropolos, to concur with FOR BIDS: Staff recommendation that City Clerk be authorized to Consent advertise for bids for Copying Equipment for the City Agenda Clerk's Office, returnable by 3:00 p.m., Wednesday, January 25, 1995. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to approve change of bid return date for one (1) New 1995 Police Motorcycle from February 1, 1995 to 3:00. p.m., Friday, January 6, 1995, to take advantage of production date from manufacturer. Motion declared carried as approved unanimously under Consent Agenda. APPOINTMENT: Moved by Sarlo, seconded by Chiropolos, that the City Consent Council consider the Mayoral appointment of Gregory Agenda Johnson to the ECONOMIC DEVELOPMENT COMMISSION (final action under Consent Agenda on January 16, 1995). Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt M - 89 - 94 Ordinance M -89 -94 - AS AMENDED, AN ORDINANCE AMENDING ANTENNA TITLE IV "BUILDING REGULATIONS" OF THE CITY CODE OF DES INSTALLA.: PLAINES BY DELETING CURRENT CHAPTER 6 "SATELLITE ANTENNA Consent INSTALLATION" IN ITS ENTIRETY AND SUBSTITUTING THEREFORE Agenda A NEW CHAPTER 6, PERTAINING TO "ANTENNA INSTALLATIONS." Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt M - 92 - 94 Ordinance M- 92 -94, AN ORDINANCE AMENDING CHAPTER 21 CONDOMINIUM "CONDOMINIUMS AND CONDOMINIUM CONVERSIONS," OF TITLE IX, CONVERSION OF THE CITY CODE OF DES PLAINES, IN ITS ENTIRETY. Motion AMENDMENT: declared carried as approved unanimously under Consent Consent Agenda. Agenda ORDINANCE Z -1 -95 926 S. GRACELAND: PARKING COLLECTION STATIONS: 6(b) CLASS./ O'HARE SPRING 265 OLD HIGGINS RD.: PAGE FOUR PUBLIC WORKS - Alderman Curley, Chair 4. 1/3/95 Moved by Christiansen, seconded by Elstner, to adopt Ordinance Z -1 -95, AN ORDINANCE GRANTING A VARIATION TO SECTION 5.1.5 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT A REDUCTION TO PARKING STANDARDS TO ALLOW 29 PARKING SPACES FOR A NEW RETAIL USE INSTEAD OF THE REQUIRED 63, FOR 926 SOUTH GRACELAND AVENUE (CASE NO. 94- 61 -V). Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Mayor Ted Sherwood declared that the City Council was now resolved into a Committee of the Whole. Motion by Chiropolos to concur with Staff recommendation and recommend to the City Council to approve purchase of two additional Automated Parking Collection Stations at a cost of $18,960, one Bus Stop Shelter to protect the equipment from the elements at a cost of $4,000, plus electrical hookup for installation at a cost of $1,500, for a total of $24,460 /Parking Fund Reserve, for the Cumberland Commuter Parking Lot, from Schlumberger Technologies, 825 -B Greenbriar Circle, Chesapeake, VA 23320 (who was the lowest bidder when contract was awarded on June 20, 1994), and usual bid procedures be waived, died for lack of a second. Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the City Council and spoke against this expenditure. Moved by Chiropolos, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council to approve purchase of two additional Automated Parking Collection Stations at a cost of $18,960, one Bus Stop Shelter to protect the equipment from the elements at a cost of $4,000, plus electrical hookup for installation at a cost of $1,500, for a total of $24,460 /Parking Fund Reserve, for the Cumberland Commuter Parking Lot, from Schlumberger Technologies, 825 -B Greenbriar Circle, Chesapeake, VA 23320 (who was the lowest bidder when contract was awarded on June 20, 1994), and usual bid procedures be waived. Moved by Curley, seconded by Kisslinger, that this matter be tabled for 30 days for further review. Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Elstner, Kisslinger, Curley, Haupt NAYS: 2- Sarlo, Chiropolos ABSENT: 0 -None Motion declared carried (matter to come before the City Council again on February 6, 1995). FINANCE & ADMINISTRATION - Alderman Haupt, Chair Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation and recommend to the City Council that the City support and consent to the granting of a Cook County Real Estate Classification 6(b) exemption to O'Hare Spring. Company, Inc., to finance construction of 20,000 sq. ft. addition to its building on property located at 265 Old Higgins Road; and Resolution R -2 -95 be adopted at appropriate time this evening. 265 OLD HIGGINS RD. (Cont'd.) PAGE FIVE 5. 1/3/95 Mr. Jack Klaus, City's Economic Development Director, addressed the City Council and gave a brief overview of this request. Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City Council and spoke in opposition of this request; questioning who will pay for the water and sewer. Mr. John Schneider, Coordinator, O'Hare Spring Company, Inc., addressed the City Council and responded to Mr. Flynn's concerns regarding this request. Motion declared carried. EXCESS Moved by Haupt, seconded by Sarlo, to concur with Staff WORKER'S recommendation and recommend to the City Council to COMPENSATION accept proposal from James M. Golden Association, Ltd., INSURANCE: 3201 Old Glenview Road, Wilmette, IL 60091, for 1995 and 1996 Excess Worker's Compensation Insurance at a first year annual premium of $.217 or $38,183. Motion declared carried. WARRANT Moved by Chiropolos, seconded by Sarlo, to concur with REGISTER: Staff recommendation and recommend to the City Council approval of January 3, 1995 Warrant Register in the amount of $1,794,355.69; and Resolution R -3 -95 be adopted at appropriate time this evening. Motion declared carried. PUBLIC SAFETY - Alderman Elstner, Chair FIREFIGHTERS Moved by Chiropolos, seconded by Curley, to concur with PREFERENCE Staff recommendation and recommend to the City Council POINTS: that the City, pursuant to its home rule powers, not concur with amendment to the Board of Fire and Police Commissioners Act of August 20, 1993, pertaining to awarding of preference points to individuals on an initial firefighter eligibility list who have prior successful service, because the Rules and Regulations for the Des Plaines Board of Fire and Police Commissioners already allow for certain preference points for military service and education; authorize and direct the Board of Fire and Police Commissioners to adopt Rules and Regulations consistent with the City's direction; and Ordinance M -2 -95 be adopted at appropriate time this evening. Motion declared carried. Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. PARKING Moved by Curley, seconded by Kisslinger, to concur with COLLECTION recommendation of Committee of the Whole to table for 30 STATIONS: days for further review the matter of purchasing two additional Automated Parking Collection Stations at a cost of $18,960, one Bus Stop Shelter to protect the equipment from the elements at a cost of $4,000, plus electrical hookup for installation at a cost of $1,500, for a total of $24,460 /Parking Fund Reserve, for the Cumberland Commuter Parking Lot, from Schlumberger Technologies, 825 -B Greenbriar Circle, Chesapeake, VA 23320 (who was the lowest bidder when contract was awarded on June 20, 1994), and usual bid procedures be waived. Motion declared carried. Aldermen Sarlo and Chiropolos voted no. 6(b) CLASS./ O'HARE SPRING 265 OLD HIGGINS RD.: Resolution R -2 -95 EXCESS WORKER'S COMPENSATION INSURANCE: WARRANT REGISTER: Resolution R -3 -95 FIREFIGHTERS PREFERENCE POINTS: Ordinance M -2 -95 PAGE SIX 6. 1/3/95 Moved by Haupt, seconded by Curley, to concur with recommendation of Committee of the Whole that the City support and consent to the granting of a Cook County Real Estate Classification 6(b) exemption to O'Hare Spring Company, Inc., to finance construction of 20,000 sq. ft. addition to its building on property located at 265 Old Higgins Road; and adopt Resolution R -2 -95, A RESOLUTION INDICATING MUNICIPAL APPROVAL OF A COOK COUNTY REAL ESTATE CLASS 6(b) PROPERTY TAX EXEMPTION TO THE O'HARE SPRING COMPANY, INC. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Haupt, seconded by Sarlo, to concur with recommendation of Committee of the Whole to accept proposal from James M. Golden Association, Ltd., 3201 Old Glenview Road, Wilmette, IL 60091, for 1995 and 1996 Excess Worker's Compensation Insurance at a first year annual premium of $.217 or $38,183. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Haupt, seconded by Sarlo, to concur with recommendation of Committee of the Whole to adopt Resolution R -3 -95, 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: $1,794,355.69. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Elstner, seconded by Kisslinger, to concur with recommendation of Committee of the Whole that the City, pursuant to its home rule powers, not concur with amendment to the Board of Fire and Police Commissioners Act of August 20, 1993, pertaining to awarding of preference points to individuals on an initial firefighter eligibility list who have prior successful service because the Rules and Regulations for the Des Plaines Board of Fire and Police Commissioners already allow for certain preference points for military service and education; authorize and direct the Board of Fire and Police Commissioners to adopt Rules and Regulations consistent with the City's direction; and further recommend to place on First Reading Ordinance M -2 -95. Motion declared carried. Moved by Elstner, seconded by Kisslinger, to adopt Ordinance M -2 -95, AN ORDINANCE AUTHORIZING THE BOARD OF FIRE AND POLICE COMMISSIONERS TO AMEND ITS RULES AND REGULATIONS DEALING WITH FIREFIGHTERS PREFERENCE POINTS. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. 1 1 D.P. RIVER WATER FLOW: APPROVED BY ME THIS IF Ted Sherwood, MAYOR PAGE SEVEN 7. 1/3/95 Moved by Curley, seconded by Christiansen, that the Staff prepare a resolution to be considered by the City Council on January 16, 1995, and then sent to various State officials, that the City officially oppose anything that would obstruct the flow of water down the Des Plaines River. Upon roll call, the vote was: AYES: 5- Beauvais, Christiansen, Elstner, Curley, Sarlo NAYS: 3- Kisslinger, Chiropolos, Haupt ABSENT: 0 -None Motion declared carried. ADJOURNMENT: Moved by Beauvais, seconded by Chiropolos, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:55 p.m. Donna McAllister, CMC /AAE - CITY CLERK