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03/20/199539,j 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 20, 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 Monday, March 20, 1995. ROLL CALL: Roll call indicated the following aldermen Christiansen, Elstner, Kisslinger, Curley, Chiropolos, Haupt. Alderman Beauvais was Alderman Beauvais arrived at 8:14 p.m. Alderman left the meeting at 10:55 p.m. Alderman Haupt meeting at 11:13 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, Community Development Director D'Onofrio, Human Resources and Services Department Director Merriman, and City Attorney Wiltse. PRAYER AND PLEDGE: PRESENTATION: CONSENT AGENDA: MINUTES: Consent Agenda present: Sarlo, absent. Beauvais left the The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Mayor Sherwood presented a plaque to Maine West High School students Michael Heavey, Qayum Kahn, Anton Kleyn, Thomas J. North, and Geoff Raye, along with Maine West High School Principal James Coburn and Science Teacher /Advisor Marshall Ellenstein, in recognition of their "First Place" in the Ninth Annual Argonne High School Science Bowl on February 25, 1995. As winners of the region, these outstanding Maine West students will be competing for the national title on April 28 - May 1, 1995, in Washington D.C. Alderman Kisslinger requested that Item 7 be removed from the Consent Agenda and Alderman Curley_ requested that Item 9 be removed. Moved by Sarlo, seconded by Chiropolos, to establish a Consent Agenda except for Items 7 and 9. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. The minutes are approved. The Staff recommendations and requests are approved; Ordinances Z -5 -95 and Z -7 -95 are adopted; Ordinances M- 16 -95, M- 17 -95, M- 18 -95, and M -19- 95 are placed on First Reading; and Resolution R -12 -95 is adopted. Moved by Sarlo, seconded by Chiropolos, to approve minutes of regular meeting of the City Council held March 6, 1995, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to approve minutes of Executive Session held March 6, 1995. Motion declared carried as approved unanimously under Consent Agenda. CITY MGR. SALARY INCREASE: Consent Agenda COMPTROLLER TITLE CHANGE: Consent Agenda Ordinances M -16 -95 M -17 -95 M -18 -95 M -19 -95 PURCHASE OF FORESTRY TRUCK: Consent Agenda PURCHASE OF BRUSH CHIPPERS: Consent Agenda WAIVER OF FIRE ALARM FEES: PAGE TWO Moved by Curley, seconded by recommendation of Committee 1995, that all units of local profit schools and day care payment of alarm system fees was: 40. 3/20/95 Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on February 28, 1995, that the City Manager receive an annual increase of 2 -1/2 %, $680 of which is to be deferred compensation. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on March 6, 1995, that the title of City Comptroller be changed to Director of Finance and Administrative Services and that Chapter 11 and Chapter 16 of the City Code pertaining to Comptroller and Finance be consolidated into one section of the City Code, and further recommend to place on First Reading: Ordinance M- 16 -95, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF THE CITY CODE OF DES PLAINES, TO ADD THERETO A NEW CHAPTER 13 "DEPARTMENT OF FINANCE AND ADMINISTRATIVE SERVICES;" Ordinance M- 17 -95, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE" OF THE CITY CODE OF DES PLAINES, TO DELETE CHAPTER 11 "COMPTROLLER," IN ITS ENTIRETY;" Ordinance M- 18 -95, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE" OF THE CITY CODE OF DES PLAINES, TO DELETE CHAPTER 16 "FINANCE," IN ITS ENTIRETY;" and Ordinance M- 19 -95, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF THE CITY CODE OF DES PLAINES, TO ADD THERETO A NEW CHAPTER 19 "PURCHASING POLICIES AND GUIDELINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on March 6, 1995, to award bid for one (1) New 1995 Chassis and Forestry Body Truck to the lowest bidder, Schodorf Truck Body and Equipment, 885 Harmon Avenue, Columbus, OH 43223, for the total amount of $39,730 /Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on March 6, 1995, to award bid for two (2) New 1995 Model Brush Chippers, Trailer Mounted, to the only bidder (four no bids were also received), Alexander Equipment Company, 1054 N. DuPage Avenue, Lombard, IL 60148, for the total amount of $47,220 /Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Kisslinger, seconded by Christiansen, to not concur with recommendation of Committee of the Whole on March 14, 1995, that all units of local government and all not - for - profit schools and day care facilities be exempt from payment of alarm system fees, but rather that these entities pay an annual fee of $167. Upon roll call, the vote was: AYES: 2- Christiansen, Kisslinger NAYS: 5- Elstner, Curley, Sarlo, Chiropolos, Haupt ABSENT:1- Beauvais Motion declared failed. Chiropolos, to concur with of the Whole on March 14, government and all not -for- facilities be exempt from . Upon roll call, the vote AYES: 7- Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. PAGE THREE 41. 3/20/95 PUB. IMPROV. Moved by Sarlo, seconded by Chiropolos, to concur with COUNTRYSIDE Staff recommendation to accept public improvements RESUBDIV.: including installation of storm sewer, providing water Consent and sanitary sewer services, lot grading, driveway Agenda culverts and approaches, and sidewalks, for Countryside Resubdivision, 2461 -2501 Ballard Road /Seminary Avenue; Resolution refund cash guarantee in the amount of $750 (cash R - 12 - 95 warranty of $4,077.18 will be held for 18 months); and further recommend to adopt Resolution R- 12 -95, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS IN THE COUNTRYSIDE RESUBDIVISION (BALLARD ROAD AND SEMINARY AVENUE). Motion declared carried as approved unanimously under Consent Agenda. FLOOR Inasmuch as low bidder, Chateau Carpet and Interiors, COVERING/ 1483 Rand Road, Des Plaines, has withdrawn their bid to POLICE DEPT.: provide floor covering for the Police Department, this matter is being held for further review and future recommendation. 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 Leak Detection, returnable by 3:00 Agenda p.m., Friday, April 7, 1995. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for UST Corrective Action, 1274 Rand Road, returnable by 10:00 a.m., Thursday, April 20, 1995. Motion declared carried as approved unanimously under Consent Agenda. APPOINTMENTS: Moved by Sarlo, seconded by Chiropolos, to consider Consent Mayoral appointment of Carrie Minutillo and Karen S. Agenda Briskey to the DES PLAINES YOUTH COMMISSION. Motion declared carried as approved unanimously under Consent Agenda (final action on this matter will be taken under Consent Agenda on April 3, 1995). ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt 2 - - 95 Ordinance Z -5 -95, AN ORDINANCE GRANTING A VARIATION TO VARIATION/ SECTION 3.2.4.4 OF THE CITY OF DES PLAINES ZONING 31 ORDINANCE, TO PERMIT THE CONSTRUCTION OF A ONE STORY ROOM WARRINGTON: ADDITION WHICH WILL RESULT IN A LOT COVERAGE OF 33% Consent INSTEAD OF THE MAXIMUM ALLOWABLE LOT COVERAGE OF 30 %, IN Agenda R -2 SINGLE FAMILY RESIDENCE DISTRICT, AT 31 SOUTH WARRINGTON ROAD (CASE NO. 95- 12 -V). Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt Z - - 95 Ordinance Z -7 -95, AN ORDINANCE GRANTING A VARIATION TO VARIATION/ SECTION 4.4.1.54 OF THE CITY OF DES PLAINES ZONING 620 LEE: ORDINANCE, TO PERMIT A DANCE HALL AS AN INDOOR COMMERCIAL Consent RECREATIONAL USE IN C -4, CENTRAL BUSINESS DISTRICT, FOR Agenda 620 LEE STREET (CASE NO. 94- 63 -V). Motion declared carried as approved unanimously under Consent Agenda. Mayor Ted Sherwood declared that the City Council was now resolved into a Committee of the Whole. LEGAL & LICENSING - Alderman Kisslinger, Chair READDRESS. & Mr. R. W. Olsen, Triple "R" Steel, Inc., 285 Old Higgins STREET NAME Road, addressed the City Council objecting to any address CHANGES/ change for his business, citing a cost of $10,000 to HIGGINS RD. change over on countless documents, stationary, invoices, AREA: etc. p fil 6b CLASS./ 400 E. TOUHY AVE.: PAGE FOUR 42. 3/20/95 HIGGINS RD. Mr. Paul Just, 207 Maple Street, addressed the City AREA Council questioning why the renumbering of addresses was (Cont'd.) necessary when only five addresses are out of order. Occupant at 55 Sell Road, addressed the City Council objecting to the numbering change for his address. Occupant at 113 Sell Road, addressed the City Council questioning why these changes were necessary; it doesn't make sense. A representative for the owner of 51 Sell Road, addressed the City Council asking for consistency in renumbering of these streets; it doesn't appear that is being done. Occupant at 103 Sell Road addressed the City Council, asking if the computer used by 9 -1 -1 couldn't indicate on the screen where an address is located rather than make all these changes. Moved by Kisslinger, seconded by Curley, that this matter be tabled indefinitely for further review. Motion declared carried. PUBLIC SAFETY - Alderman Elstner, Chair REPAIR OF Fire Chief Farinella advised the City Council that the TRAINING low bidder for repair of the Training Tower at Fire TOWER: Station #3 notified the City that they made a mistake in the amount bid, increasing the bid by $10,545, for a new bid price of $32,662, which is still the lowest bid submitted. Moved by Sarlo, seconded by Kisslinger, to recommend to the City Council to reject all bids for repair of the Training Tower at Fire Station #3, 130 E. Thacker Street, and readvertise for bids. Upon roll call, the vote was: AYES: 4- Elstner, Kisslinger, Curley, Sarlo NAYS: 3- Christiansen, Chiropolos, Haupt ABSENT: 1- Beauvais Motion declared carried. PARK. AGREE./ Moved by Curley, seconded by Sarlo, to concur with Staff 1515 - 91 LEE: recommendation and recommend to the City Council that City enter into agreement with Trident Development, Inc., 450 E. Devon Avenue, Suite 250, Itasca, IL 60143, to enforce posted traffic, parking, prohibition of drinking and possession of open liquor violations on property located at Oaks Shopping Center, 1515 -1591 Lee Street. Motion declared carried. COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City Council voicing strong opposition to this request; this will not bring in more jobs; providing this reduction in the assessed valuation for this property is "a gift." Resident at 621 Parsons Avenue addressed the City Council stating that Cook County taxes are high for manufacturing companies and we should assist them whenever we can. Mr. Rodney Yourist, 2181 Estes Avenue, addressed the City Council urging approval of this request. Moved by Haupt, 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 PAGE FIVE 43. 3/20/95 6b CLASS. Cook County Real Estate Classification 6(b) exemption to (Cont'd.) A. J. Gerrard & Company, to finance construction of addition to its building on property located at 400 E. Touhy Avenue; and Resolution R -13 -95 be adopted at appropriate time this evening. Motion declared carried. ZONING CASE Mr. Dan Dowd, attorney for the petitioner, addressed the 95 -7 -A City Council advising that the proposed plan to construct 755 FIRST: six (6) separate 3 -unit buildings on 1.28 acres located at 755 First Avenue, Zoning Case 95 -7 -A, has been amended to include the creation of a covenant that would "run with the land" requiring mandatory maintenance both inside and outside of these buildings; eliminate the common driveway; and provide one (1) additional parking space per unit. Resident at 621 Parsons Avenue, addressed the City Council stating that he would like to see development, but is concerned about how covenant will be enforced; will it hold; will City enforce. Mr. Vince Powers, 862 Webster Lane, addressed the City Council questioning how a neighborhood meeting would be publicized; suggests a flyer be sent. Moved by Chiropolos, seconded by Beauvais, that this matter be tabled until the next meeting of the City Council on April 3, 1995, for further review and to give the alderman of the ward time to hold a neighborhood meeting with the petitioner (meeting scheduled to be held Wednesday, March 29, 1995 at 7:00 p.m. in City Hall). Motion declared carried. ZONING CASE Mr. Richard Reilly, Ameritech representative, addressed 95 -8 -V the City Council and gave an overview of their request 2410 8. to permit the construction of a cellular telephone RIVER RD.: monopole which would be 105' in height instead of the maximum allowed 45' on property located at 2410 S. River Road, Zoning Case 95 -8 -V. Mr. Donald Franks, 2497 Parkwood Lane, addressed the City Council stating his opposition to this request; it is an "Eiffel Tower;" doesn't want it there. Mr. James Phillips, 2471 Parkwood Lane, addressed the City Council stating his opposition to this request; Ameritech should negotiate with the Tollway for another location; questioned whether this monopole would create a health hazard. Ms. Leone, 2184 Estes Avenue, addressed the City Council concerning the dimensions of this structure; too high. Mr. Howard Bannerman, 2190 Estes Avenue, addressed the City Council stating his opposition to this request. Mr. Patrick Bannerman, 2190 Estes Avenue, addressed the City Council stating his concern about low flying aircraft; would this be safe. Mr. Rodney Yourist, 2181 Estes Avenue, addressed the City Council stating his opposition to this request; this area is continually "bombarded" with unsightly signs and fences, garbage, etc.; enough is enough. Mr. Donald Franks, 2497 Parkwood Lane, again addressed the City Council stating that even though the tower may look nice, it is still there; it will be a "monstrosity" even if it is moved back 60' -70'; say no. Alderman Christiansen stated that he would like to grant this request, but not in a residential area; Ameritech should find a location in an industrial park area. 2410 RIVER (Cont'd.) ZONING CASE 95 -13 -A CHURCHES AS A SPEC. USE.: PAGE SIX 44. 3/20/95 Mr. Richard Reilly, Ameritech representative, stated that he agrees the monopole would be better in an industrial area, but it would be out of their search area. Moved by Christiansen, seconded by Elstner, to recommend to the City Council re Zoning Case 95 -8 -V, that request for a variation to permit the construction of a cellular telephone monopole which would be 104' in height instead of maximum allowed 45' on property located at 2410 S. River Road in C -2 Commercial District be denied. Motion declared carried. Mr. Jim Blue, 1771 Sherwood Road, addressed the City Council requesting expanded opportunity for public comment regarding Zoning Case 95 -13 -A proposing a Text Amendment that churches be permitted by right in commercial and residential districts, but as a special use only; and the parking requirement be changed to one parking space for every three seats. Mr. Blue requests that each existing church be provided with a copy of this proposal, permit 60 days for review and for them to submit their comments. Mr. Blue suggests that there may be an ecological impact -- putting additional land under blacktop; City should meet with churches before making a decision. A representative from the King James Bible Church, 1480 E. Oakton Street, addressed the City Council stating that there should be no restrictions on churches; ministries may have to be diminished if this ordinance is passed. Mr. Vince Powers, 862 Webster Lane, addressed the City Council in opposition of this ordinance; why are we considering this change; it would put a strain on churches. Another representative of the King James Bible Church, 1480 E. Oakton Street, addressed the City Council stating that the EPA, through the Clean Air Act, wants to reduce parking and this ordinance would require more; force small churches to look elsewhere; bad ordinance. Mr. Leroy Rimas, 524 Good Avenue, addressed the City Council, stating that instead of looking at trees, he will be looking at blacktop. Mr. Robert Gaulke, 2236 University Avenue, addressed the City Council in opposition of this ordinance. Mr. Alan Nelson, 285 Good Avenue, addressed the City Council stating that churches are allowed to move in with no input from the residents in the area. Moved by Curley, seconded by Haupt, to recommend to the City Council re Zoning Case 95 -13 -A, to approve Text Amendment to permit churches in converted dwellings/ structures or on parcels less than one acre in size as a Special Use only; require one parking space for each six seats (instead of Staff recommended one parking space for each three seats); this Special Use requirement would not apply to additions to places of worship established prior to adoption of this amendment; parking standard would only apply to additions to existing places of worship constructed after adoption of this amendment; and Ordinance Z -9 -95 - AS AMENDED, be placed on First Reading at appropriate time this evening. Upon roll call, the vote was: AYES: 2- Curley, Haupt NAYS: 6- Beauvais, Christiansen, Elstner, Kisslinger, Sarlo, Chiropolos ABSENT: 0 -None Motion declared failed. PAGE SEVEN 45., 3/20/95 CHURCHES Moved by Christiansen, seconded by Curley, to recommend (Cont'd.) to the City Council re Zoning Case 95 -13 -A, to approve Text Amendment to permit churches in converted dwellings/ structures or on parcels less than one acre in size as a Special Use only; require one parking space for each five seats (instead of Staff recommended one parking space for each three seats) ; this Special Use requirement would not apply to additions to places of worship established prior to adoption of this amendment; parking standard would only apply to additions to existing places of worship constructed after adoption of this amendment; and Ordinance Z -9 -95 - AS AMENDED, be placed on First Reading at appropriate time this evening. Upon roll call, the vote was: AYES: 3- Christiansen, Curley, Haupt NAYS: 5- Beauvais, Elstner, Kisslinger, Sarlo, Chiropolos ABSENT: 0 -None Motion declared failed. Moved by Kisslinger, seconded by Curley, to recommend to the City Council re Zoning Case 95 -13 -A, to approve Text Amendment to permit churches in converted dwellings/ structures or on parcels less than one acre in size as a Special Use only; require one parking space for each four seats (instead of Staff recommended one parking space for each three seats) ; this Special Use requirement would not apply to additions to places of worship established prior to adoption of this amendment; parking standard would only apply to additions to existing places of worship constructed after adoption of this amendment; and Ordinance Z -9 -95 - AS AMENDED, be placed on First Reading at appropriate time this evening. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Haupt NAYS: 1- Chiropolos ABSENT: 0 -None Motion declared carried. ENGINEERING - Alderman Chiropolos, Chair SPEC. SVS. Moved by Sarlo, seconded by Christiansen, to concur with AREA FOUR/ Staff recommendation and recommend to the City Council WOODLAND to establish a Special Service Area Number Four for TOWNHOMES: Woodland Townhomes Area, 1560 -1578 Woodland Avenue, for construction of storm sewers for estimated cost of $20,000, to be funded by the residents; a public hearing be held on April 17, 1995; and Ordinance M -11 -95 be adopted at appropriate time this evening. Motion declared carried. BID REVIEW/ Moved by Sarlo, seconded by Christiansen, to concur with 1995 CAPITAL Staff recommendation and recommend to the City Council IMPROVEMENTS: to award bid for the 1995 Capital Improvements to the lowest bidder, Lake County Grading Co., Inc., P.O. Box L, Libertyville, IL 60048, in the amount of $3,404,549 (General Improvement Fund - $1,680,000; Motor Fuel Tax Fund - $800,000; Water Fund - $800,000; Special Service Area #3 - $125,000). Motion declared carried. Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. EXECUTIVE Moved by Curley, seconded by Elstner, to go into SESSION: Executive Session to discuss pending litigation. Upon roll call, the vote was: vvk EXECUTIVE SESSION: PENDING Moved by Kisslinger, seconded by Curley, LITIGATION: Attorney be authorized to negotiate settlement litigation as directed in Executive Session. call, the vote was: AYES: 6- Christiansen, Elstner, Kisslinger, Sarlo, Chiropolos NAYS: 0 -None ABSENT: 2- Beauvais, Haupt Motion declared carried. ADJOURNMENT UNTIL MARCH 27, 1995: CALL TO ORDER: ROLL CALL: PAGE EIGHT AYES: 7- Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. Council recessed at 11:12 p.m. Council reconvened at 11:26 p.m. 46[. 3/20/95 Roll call indicated the following aldermen present: Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos. that City of pending Upon roll Curley, MAYOR SHERWOOD ANNOUNCED THAT THIS REGULAR MEETING OF THE CITY COUNCIL WOULD ADJOURN AND BE RECONVENED IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, ON MONDAY, MARCH 27, 1995, AT 7:00 P.M. Moved by Elstner, seconded by Christiansen, that this regular meeting of the City Council be adjourned and reconvene on Monday, March 27, 1995, at 7:00 p.m. Motion declared carried. Meeting adjourned at 11:27 p.m. MINUTES OF ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD ON MONDAY, MARCH 20, 1995, AND RECONVENED IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, ON MONDAY, MARCH 27, 1995 The reconvened meeting of the City Council of the City of Des Plaines, Illinois was called to order by Mayor Ted Sherwood at 7:01 p.m., in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center, on Monday March 27, 1995. Roll call indicated the following adlermen present: Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt. Alderman Beauvais was absent. Also present were: City Manager Douthwaite, City Comptroller Peters, Police Chief Sturlini, Fire Chief Farinella, Public Works Director Shirley, City Engineer Oakley, Community Development Director D'Onofrio, Emergency Communications Director Ornberg, and City Attorney Wiltse. Mayor Ted Sherwood declared that the City Council was now resolved into a Committee of the Whole. PAGE NINE 47. 3/27/95 FINANCE & ADMINISTRATION - Alderman Haupt, Chair DELINQUENT Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the COMPLIANCE City Council stating that a parking ticket violation had TICKETS: been sent to him in the mail; he would like to face his accuser; a better policy needs to be set. Moved by Sarlo, seconded by Christiansen, to concur with Staff recommendation and recommend to the City Council that the cost for collection services be added to Delinquent Compliance Ticket fines so that the City would receive the net amount owed; and further recommend that Ordinance M -12 -95 be placed on First Reading at appropriate time this evening. Motion declared carried. DELINOUENT Moved by Sarlo, seconded by Christiansen, to concur with PARKING Staff recommendation and recommend to the City Council FINES: that the cost for collection services be added to Delinquent Parking Ticket fines so that the City would receive the net amount owed; and further recommend that Ordinance M -13 -95 be placed on First Reading at appropriate time this evening. Motion declared carried. WARRANT Mr. Vince Powers, 862 Webster Lane, addressed the City REGISTER: Council questioning why there has been no billing for inspection of rental units in 1995; the budget should show this revenue source, it does not. Moved by Chiropolos, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council approval of March 20, 1995 Warrant Register in the amount of $1,302,588.61; and Resolution R -14 -95 be adopted at appropriate time this evening. Motion declared carried. 1994 Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City SUPPLEMENTAL Council stating that he has found 503 line items that are APPROPRIA.: over budget; Council is playing a shell game - where is the pea (money);? he disagrees with the new committee format; aldermen do not get enough information; does what the Staff says; items should come to the Council for approval before a department overspends. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council questioning whether the City has a health /stress preventive maintenance program to keep health costs down. Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the City Council stating that he is alarmed to see budget going up and up; City needs purchasing department; there is no oversight; not seeing anything being done to curtail costs. City auditor, Mr. Dan Berg, C.P.A. - Senior Manager, Crowe Chizek, addressed the City Council stating that his firm looks at all of the City's accounts and procedures, and questions any account that is either over or under budget; City has excellent financial control. Moved by Haupt, seconded by Christiansen, to concur with Staff recommendation and recommend to the City Council to approve 1994 Supplemental Appropriations in the amount of $901,422; and further recommend that Ordinance M -14 -95 be placed on First Reading at appropriate time this evening. Motion declared carried. Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. PAGE TEN 48. 3/27/95 ETHICS Moved by Sarlo, seconded by Chiropolos, to concur with ORDINANCE recommendation of Committee of the Whole on March 6, 1995, to approve and adopt the proposed Ethics Ordinance; Ordinance and place on First Reading Ordinance M- 15 -95. Motion M -15 -95 declared carried. Moved by Kisslinger, seconded by Elstner, to adopt Ordinance M- 15 -95, AN ORDINANCE AMENDING TITLE I "ADMINISTRATION" OF THE CITY CODE OF DES PLAINES, TO ADD THERETO A NEW CHAPTER 25 "CODE OF ETHICS." Upon roll call, the vote was: AYES: 5- Elstner, Kisslinger, Sarlo, Chiropolos, Haupt NAYS: 2- Christiansen, Curley ABSENT: 1- Beauvais Motion declared carried. PARKING FEE Moved by Chiropolos, seconded by Sarlo, to concur with BOXES/ recommendation of Committee of the Whole on March 14, CUMBERLAND 1995, that Director of Public Works be authorized to DEPOT LOT: proceed with application for grant from the Illinois Department of Transportation; if grant is not awarded, Director of Public Works is authorized to proceed with purchase and installation of two (2) New Pay Stations at the Cumberland Commuter Lots, one on the north side of the tracks and the other on the south side of the tracks, including one (1) Bus Stop Shelter plus installation cost, for a total cost of $24,460. Moved by Kisslinger, seconded by Elstner, to suspend the rules to permit public comment on this matter. Motion declared carried. Mr. Richard Sayad, 290 Shannon Court, addressed the City Council questioning the clarity of the motion. Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the City Council stating that he and Bob Hinde counted cars at the Cumberland Depot and found that 25% of the cars had no vehicle sticker of any kind; bulk of the cars are not from Des Plaines. Moved by Elstner, seconded by Christiansen, to adopt substitute motion that Director of Public Works be authorized to proceed with application for grant from the Illinois Department of Transportation to pay for two (2) New Pay Stations at the Cumberland Commuter Lots, one on the north side of the tracks and the other on the south side of the tracks, including one (1) Bus Stop Shelter plus installation cost, for a total cost of $24,460; if grant is not awarded, Director of Public Works to come back to the City Council for further authorization. Upon roll call, the vote was: AYES: 3- Christiansen, Elstner, Curley NAYS: 4- Kisslinger, Sarlo, Chiropolos, Haupt ABSENT: 1- Beauvais Motion declared failed. Upon roll call on the original motion, the vote was: AYES: 5- Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 2- Christiansen, Elstner ABSENT: 1- Beauvais Motion declared carried. REPAIR OF Moved by Kisslinger, seconded by Elstner, to concur with TRAINING recommendation of Committee of the Whole to reject all TOWER: bids for repair of the Training Tower at Fire Staiton #3, 130 E. Thacker Street, and readvertise for bids. Motion declared carried. PARK. AGREE./ Moved by Elstner, seconded by Christiansen, to concur 1515 -91 LEE: with recommendation of Committee of the Whole that City enter into agreement with Trident Development, Inc., 450 1515 -91 LEE (Cont'd.) 6b CLASS./ 400 E. TOUHY AVE.: Resolution R -13 -95 ZONING CASE 95 -8 -V 2410 S. RIVER RD.: ZONING CASE 95 -13 -A CHURCHES AS A SPEC. USE.: Ordinance Z -9 -95 AS AMENDED SPEC. SVS. AREA FOUR/ WOODLAND TOWNHOMES: Ordinance M -11 -95 PAGE ELEVEN 49. 3/27/95 E. Devon Avenue, Suite 250, Itasca, IL 60143, to enforce posted traffic, parking, prohibition of drinking and possession of open liquor violations on property located at Oaks Shopping Center, 1515 -1591 Lee Street. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. Moved by Sarlo, seconded by Elstner, to concur with recommendation of Committee of the Whole that City support and consent to the granting of a Cook County Real Estate Classification 6(b) exemption to A. J. Gerrard & Company, to finance construction of addition to its building on property located at 400 E. Touhy Avenue; and adopt Resolution R- 13 -95, A RESOLUTION INDICATING MUNICIPAL APPROVAL OF A COOK COUNTY REAL ESTATE CLASS 6b PROPERTY TAX EXEMPTION TO A. J. GERRARD & COMPANY, 400 EAST TOUHY AVENUE. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. Moved by Sarlo, seconded by Elstner, to concur with recommendation of Committee of the Whole that request for a variation to permit the construction of a cellular telephone monopole which would be 104' in height instead of maximum allowed 45' on property located at 2410 S. River Road in C - 2 Commercial District, be denied. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole to approve Text Amendment to permit churches in converted dwellings/ structures or on parcels less than one acre in size as a Special Use only; require one (1) parking space for each four (4) seats (instead of Staff recommended one parking space for each three seats); that this Special Use requirement would not apply to additions to places of worship established prior to adoption of this amendment; that parking standard would only apply to additions to existing places of worship constructed after adoption of this amendment; and place on First Reading Ordinance Z -9 -95 - AS AMENDED /AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO SECTIONS 3.1.2.5, 3.1.2.6, 3.1.2.6.1, 3.1.2.6.1.1, 3.1.2.6.1.2, 3.5.1.6, 3.5.1.6.1, 3.5.1.6.1.1, 3.5.1.6.1.2, 3.5.1.13 OF ARTICLE 3 "RESIDENCE DISTRICT REGULATIONS;" SECTIONS 4.1.2.34, 4.1.2.34.1, 4.1.2.34.1.1, 4.1.2.34.1.2, 4.1.2.35, 4.4.1.12, 4.4.1.12.1, 4.4.1.12.1.1, 4.4.1.12.1.2, 4.4.1.56 OF ARTICLE 4 "COMMERCIAL DISTRICT REGULATIONS;" SECTION 5.1.2.1 OF ARTICLE 5 "MANUFACTURING DISTRICT REGULATIONS;" AND SECTION 9.1.7.1.1.4 OF ARTICLE 9 "OF STREET PARKING AND LOADING," OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PROVIDE FOR CHURCHES AS A "SPECIAL USE ONLY" AND FURTHER PROVIDE PARKING STANDARDS FOR CHURCHES (CASE NO. 95- 13 -A). Motion declared carried. Alderman Curley voted no. Moved by Chiropols, seconded by Christiansen, to concur with recommendation of Committee of the Whole to establish Special Service Area Number Four for Woodland Townhomes Area, 1560 -1578 Woodland Avenue, for construction of storm sewers for estimated cost of $20,000, to be funded by the residents; a public hearing be held on April 17, 1995; and place on First Reading Ordinance M- 11 -95. Motion declared carried. PAGE TWELVE 50. 3/27/95 M - 11 - 95 Moved by Chiropolos, seconded by Christiansen, to adopt (Cont'd.) Ordinance M- 11 -95, AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER FOUR IN THE CITY OF DES PLAINES, IL (WOODLAND TOWNHOUSE AREA). Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. BID AWARD/ Moved by Chiropolos, seconded Christiansen, to concur 1995 CAPITAL with recommendation of Committee of the Whole to award IMPROVEMENTS: bid for the 1995 Capital Improvements to the lowest bidder, Lake County Grading Co., Inc., P.O. Box L, Libertyville, IL 60048, in the amount of $3,404,549 (General Improvement Fund - $1,680,000; Motor Fuel Tax Fund - $800,000; Water Fund - $800,000; Special Service Area #3 - $125,000). Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. DELINOUENT Moved by Haupt, seconded by Sarlo, to concur with COMPLIANCE recommendation of Committee of the Whole that the cost TICKETS: for collection services be added to Delinquent Compliance Ticket fines so that the City would receive the net Ordinance amount owed; and place on First Reading Ordinance M -12- M 95, AN ORDINANCE AMENDING SECTION 6 -17 -4 "ALTERNATIVE PENALTIES, COMPLIANCE CITATIONS" OF CHAPTER 17, TITLE VI, OF THE CITY CODE OF DES PLAINES, TO ADD A NEW SUBSECTION 6- 17 -4(C) PERTAINING TO DELINQUENT FINES. Motion declared carried. DELINOUENT Moved by Haupt, seconded by Sarlo, to concur with PARKING recommendation of Committee of the Whole that the cost FINES: for collection services be added to Delinquent Parking Ticket fines so that the City would receive the net Ordinance amount owed, and place on First Reading Ordinance M -13- M 95, AN ORDINANCE AMENDING SECTION 10 -5 -20 "VIOLATION FINE" OF CHAPTER 5, TITLE X OF THE CITY CODE OF DES PLAINES, TO ADD A NEW SUBSECTION 10- 5 -20(C) PERTAINING TO INCLUDING THE COST OF COLLECTION TO DELINQUENT PARKING FINES. Motion declared carried. 1994 Moved by Haupt, seconded by Sarlo, to concur with SUPPLEMENTAL recommendation of Committee of the Whole to approve 1994 APPROPRIA.: Supplemental Appropriations in the amount of $901,422; and place on First Reading Ordinance M- 14 -95, AN ORDINANCE PROVIDING FOR THE SUPPLEMENTAL APPROPRIATION OF FUNDS FOR THE CORPORATE PURPOSES OF THE CITY OF DES PLAINES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1994 AND ENDING DECEMBER 31, 1994. Motion declared carried. WARRANT Moved by Haupt, seconded by Sarlo, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R- 14 -95, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R - 14 - 95 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $1,302,588.61. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. pkt 1 1 1 APPROVED BY ME THIS 7 Ted Sherwood, MAYOR PAGE THIRTEEN 51. 3/27/95 RESOLUTION Moved by Christiansen, seconded by Elstner, that R -30 -94 Resolution R- 30 -94, A RESOLUTION ENDORSING THE CITY OF CASINO DES PLAINES TO PROCEED WITH THE NECESSARY STEPS TO OBTAIN GAMING: A GAMING LICENSE FOR SITE TO BE ESTABLISHED IN THE CITY OF DES PLAINES, adopted by the City Council on May 16, RESCIND 1994, be rescinded. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. COMMISSION Moved by Curley, seconded by Haupt, to concur with MEMBERS Mayor's recommendation that no member of a commission or ADDRESSING board may address the City Council on a matter previously CITY heard by the commission or board upon which which he or COUNCIL: she sits. Motion declared carried. ADJOURNMENT: Moved by Chiropolos, seconded by Curley, that the reconvened meeting of the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:41 p.m. Donna McAllister, CMC /AAE - CITY CLERK