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06/05/1995CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by City Clerk McAllister at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, June 5, 1995. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. Also present were: City Treasurer Fredricks, City Manager Douthwaite, Finance & Administration Director Peters, Economic Development Director Klaus, 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. ELECTION OF MAYOR PRO TEM: PRAYER AND PLEDGE: RECOGNITION: Mayor Pro Tem Chiropolos presented State Senator Martin J. Butler and State Representative Carolyn H. Krause, a proclamation from the City of Des Plaines, signed by Mayor Sherwood, recognizing these two local legislators for their being named Champions of Local Government by the Suburban Mayors Action Coalition of Cook County for their leadership and dedication to local governments. CONSENT AGENDA: MINUTES: Consent Agenda 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 5, 1995 Moved by Sarlo, seconded by Christiansen, to elect Alderman Chiropolos as Mayor Pro Tem during the absence of Mayor Sherwood. Motion declared carried. The opening prayer was given by Father Joseph McGinnity, St. Zachary Church, followed by the Pledge of Allegiance to the Flag. Alderman Elstner requested that Items 5 and from the Consent Agenda. Moved by Sarlo, seconded by Christiansen, a Consent Agenda except for Items 5 and declared carried. 91. 5a be removed to establish 5a. Motion Moved by Sarlo, seconded by Elstner, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried.. The minutes are approved. The Staff recommendations and requests are approved; Ordinances M -27 -95 and M -28 -95 are adopted; Ordinance M -29 -95 is placed on First Reading; and Resolution R -29 -95 is adopted. Moved by Sarlo, seconded by Elstner, to approve minutes of Special Meeting of the City Council held May 10, 1995, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to approve minutes of regular meeting of the City Council held May 15, 1995, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to approve minutes of Executive Session of the City Council held May 15, 1995. Motion declared carried as approved unanimously under Consent Agenda. INTERGOVERN. AGREEMENT/ HOFFMAN ESTATES: Consent Agenda Resolution R -29 -95 JULY 4TH Moved by Elstner, seconded by Sarlo, to approve temporary ROAD CLOSING/ closing of Central Road from Des Plaines River Road to CENTRAL RD.: East River (Bender) Road on Tuesday, July 4, 1995, from 8:00 p.m. to 11:00 p.m., during July 4th fireworks display near Oakton Community College; and further recommend to adopt Resolution R- 32 -95, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, REQUESTING HIGHWAY PERMIT FROM IDOT FOR CLOSING OF CENTRAL ROAD ON JULY 4, 1995. Motion declared carried. Resolution R -32 -95 GLORIA RESUBDIVISION JARLATH AVE.: Consent Agenda PATIO VARIA./ 293 CAMBRIDGE: Consent Agenda PATIO VARIA./ 557 N. THIRD AVE.: Consent Agenda BID AWARD/ POLICE EQP.: Consent Agenda BID AWARD/ ARMOR VESTS: Consent Agenda PAGE TWO 92. 6/5/95 Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Emergency Communication Specialist Recruitment and Selection Process Agreement (9 -1 -1 Testing) with the Village of Hoffman Estates; Hoffman Estates to share administrative cost and provide necessary additional staff to conduct the examination process; and further recommend to adopt Resolution R- 29 -95, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT ALLOWING AN EMERGENCY COMMUNICATION SPECIALIST RECRUITMENT AND SELECTION PROCESS BETWEEN THE CITY OF DES PLAINES AND THE VILLAGE OF HOFFMAN ESTATES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with recommendation of Des Plaines Plan Commission and Staff recommendation, to approve Plat of Resubdivision for Gloria Resubdivision, south side of Jarlath Avenue, 126' west of Douglas Avenue, and Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation to grant request for Variation to permit construction of a 10' x 22' patio located at the southeast corner of the house in a 12' rear yard, set back 1.9 feet from the property line (Code requires 5' set back), on property located at 293 Cambridge Road. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation to grant request for Variation to permit construction of an oversized patio (446 sq. ft.) that would extend an average of 20' from building foundation at rear of house (Code requires maximum patio size of 344' and maximum 15' from building foundation), on property located at 557 N. Third Avenue. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation to award bid for purchase of twelve (12) Emergency Vehicle Lightbars /Sirens /Public Address and Switching Systems to the lowest bidder, Lund Industries, Inc., 303 Messner Drive, Wheeling, Illinois 60690, for the net price of $19,152, less trade -in allowance of $1,200, for a total price of $17,952 /Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation to award bid for a minimum of seventy -five (75) Body Armor Vests to the lowest bidder, Uniform Den, Inc., 1309 5th Avenue, Moline, IL 61265, in the amount of $399.50 per vest, for a total bid amount of $29,962.50. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ 1995 CRACK SEALING: Consent Agenda ADVERTISE FOR BIDS: Consent Agenda APPOINTMENTS/ REAPPOINT.: Consent Agenda ORDINANCE M -27 -95 MAYOR'S DESIGNEE: Consent Agenda ORDINANCE M -28 -95 SALE OF CITY PROPERTY: Consent Agenda ORDINANCE M -29 -95 PREVAILING WAGE RATES: Consent Agenda PARKING RESTRICTION/ MARGRET 8T.: PAGE THREE 93. 6/5/95 Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation to award bid for 1995 Crack Sealing Contract to lowest bidder through Northwest Municipal Conference, Behn Pavement Maintenance, Inc., 3010 Rte. 176, Crystal Lake, iL 60014, for bid price of $1.098/lb. of sealant for a not -to- exceed total of $25,000 /MFT Section 95- 00000 -01 GM, and Mayor and City Clerk be authorized to execute IDOT contract and IDOT forms BLR 4123 and BLR 8202. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded'by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for new bids for Remodeling of Men's Facilities at Public Works Department, returnable by 3:00 p.m., Friday, June 23, 1995 (revised specifications were necessary because of ADA requirements). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to consider Mayoral appointments /reappointments as follows: DES PLAINES COMMUNITY HEALTH ADVISORY COMMISSION Appointments: Wendy A. Trocchio, R.N.; Marge Kostick, BS, R.M., MICN, T.N.S.; Joanne Ward, R.N.; Paula Canham, BSN, R.N., CNA; Dr. Bruce M. Hertz; Dr. James J. Nuzzo; Dr. Lowell Sherman. KEEP DES PLAINES BEAUTIFUL COMMISSION Reappointments: Candice Messerschmidt, Larry Golberg, Noreen Lake (final action under Consent Agenda on June 19, 1995) Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to adopt Ordinance M- 27 -95, AN ORDINANCE AMENDING SECTION 5- 46 -9(B) OF THE CITY CODE OF DES PLAINES, PERTAINING TO MAYOR'S AUTHORIZATION TO PERMIT SOLICITATION ACTIVITIES ON PUBLIC PROPERTY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to adopt Ordinance M- 28 -95, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation and place on First Reading Ordinance M -29- 95, AN ORDINANCE ENACTING 820 ILCS 130/1, ET SEQ. (1992) PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND PREVAILING WAGE RATES. Motion declared carried as approved unanimously under Consent Agenda. Mayor Pro Tem Chiropolos declared that the City Council was now resolved into a Committee of the Whole. ENGINEERING - Alderman Christiansen, Vice Chair Moved by Elstner, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council to deny residents' request that parking prohibition be moved to the east side of Margret Street between Thacker Street and Oakwood Avenue (current parking is prohibited on the west side of street) and subsequently modified to the opposite side of street on a biannual basis; and further recommend to deny request to ban parking on the street MARGRET ST. (Cont'd.) PAGE FOUR 94. 6/5/95 after 11:00 p.m. for people with driveways and provide special tags to permit parking of cars on the street for those without driveways or have too many vehicles for their driveways to accommodate. Motion declared carried. Alderman Beauvais voted no. FINANCE & ADMINISTRATION - Alderman Christiansen, Chair WARRANT Moved by Christiansen, seconded by Beauvais, to concur REGISTER: with Staff recommendation and recommend to the City Council approval of June 5, 1995 Warrant Register in the amount of $3,297,950.96; and Resolution R -33 -95 be adopted at appropriate time this evening. Motion declared carried. USE OF SALE Moved by Sarlo, seconded by Curley, to concur with Staff PROCEEDS/ recommendation and recommend to the City Council that 180 E. $692,000 of the $731,000 received for the sale of 180 E. THACKER ST.: Thacker Street, be transferred from the Water Fund to the General Corporate Fund, leaving the balance of $39,000 in the Water Fund to avoid showing a loss to Fixed Assets in the Water Fund (property originally purchased in 1951 for $39,000 with funds from the Water Fund) ; and further recommend that Resolution R -34 -95 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair ZONING CASE Petitioner James Leahy addressed the City Council 95 - 33 - regarding this matter. 1345 EAST GOLF ROAD: Moved by Elstner, seconded by Higgason, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff recommendation and recommend to the City Council re Zoning Case 95 -33 -V, to grant request to permit construction of an unmanned cellular telephone facility consisting of a 105' self- supporting monopole where the height limitation is 60', subject to any monopole, antenna, or other related structures which become abandoned being removed by the petitioner within six (6) months, on property located at 1345 E. Golf Road in M -2 General Manufacturing District; and Ordinance Z -16 -95 be placed on First Reading at appropriate time this evening. Motion declared carried. Mayor Pro Tem Chiropolos assumed the chair, and declared the City Council back in session. ORDINANCE Moved by Arredia, seconded by Curley, to adopt Ordinance Z - 14 - 95 Z- 14 -95, AN ORDINANCE GRANTING A VARIATION TO SECTION 2838 SCOTT: 3.1.2.11 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF A 22 FOOT BY 12 FOOT ADDITION TO AN EXISTING 24 FOOT BY 30 FOOT DETACHED GARAGE, WHICH WILL RESULT IN AN ACCESSORY STRUCTURE WHICH EXCEEDS THE MAXIMUM PERMITTED DIMENSIONS OF 24 FEET BY 30 FEET, IN R -2 SINGLE FAMILY RESIDENCE DISTRICT, AT 2838 SCOTT STREET (CASE NO. 95 -30 -V) . Upon roll call, the vote was: AYES: 4- Beauvais, Higgason, Curley, Arredia NAYS: 4- Christiansen, Elstner, Sarlo, Chiropolos ABSENT: 0 -None Motion declared failed. 2838 SCOTT (Cont'd.) PAGE FIVE 95. 6/5/95 Mayor Pro Tem Chiropolos called for a recess to give the City Attorney an opportunity to review Robert's Rules of Order regarding who is considered on the prevailing side in a tie vote and when can a vote be reconsidered. City Council recessed at 8:01 p.m. City Council reconvened at 8:15 p.m. Moved by Beauvais, seconded by Arredia, to suspend the rules to permit Petitioner Kenneth King to address the City Council regarding this matter. Mr. King stated that he had sold some securities to buy lumber for this project because it was his understanding that the matter had been decided in his favor at the last City Council meeting. Alderman Beauvais stated that she thinks it is terrible what the City did to this gentleman; he left the meeting on May 15, 1995, thinking this matter had passed. Moved by Elstner, seconded by Curley, to reconsider the vote on the adoption of Ordinance Z- 14 -95. Upon roll call, the vote was: AYES: 5- Beauvais, Elstner, Higgason, Curley, Arredia NAYS: 3- Christiansen, Sarlo, Chiropolos ABSENT: 0 -None Motion declared carried. The motion is now back on the floor. Moved by Christiansen, seconded by Sarlo, that this motion be tabled until June 19, 1995. Upon roll call, the vote was: AYES: 3- Christiansen, Sarlo, Chiropolos NAYS: 5- Beauvais, Elstner, Higgason, Curley, Arredia ABSENT: 0 -None Motion declared failed Upon roll call on the original motion to adopt Ordinance Z- 14 -95, the vote was: AYES: 5- Beauvais, Elstner, Higgason, Curley, Arredia NAYS: 3- Christiansen, Sarlo, Chiropolos ABSENT: 0 -None Motion declared carried. PARKING Moved by Christiansen, seconded by Elstner, to concur RESTRICTION/ with recommendation of Committee of the Whole to deny MARGRET ST.: residents' request that parking prohibition be moved to the east side of Margret Street between Thacker Street and Oakwood Avenue (current parking is prohibited on the west side of street); subsequently modified to the opposite side of street on a biannual basis; and deny request to ban parking on the street after 11:00 p.m. for people with driveways and provide special tags to permit parking of vehicles on the street for those without driveways or have too many vehicles for their driveways to accommodate. Motion declared carried. WARRANT Moved by Christiansen, seconded by Sarlo, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R- 33 -95, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R -33 -95 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,297,950.96 Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. PAGE SIX 96. 6/5/95 USE OF SALE Moved by Christiansen, seconded by Sarlo, to concur with PROCEEDS/ recommendation of Committee of the Whole that $692,000 180 E. of the $731,000 received for the sale of 180 E. Thacker THACKER ST.: Street, be transferred from the Water Fund to the General Corporate Fund, leaving the balance of $39,000 in the Resolution Water Fund to avoid showing a loss to Fixed Assets in the R - 34 - 95 Water Fund (property originally purchased in 1951 for $39,000 with funds from the Water Fund); and adopt Resolution R- 34 -95, A RESOLUTION AUTHORIZING THE TRANSFER OF $692,000 FROM THE WATER FUND TO THE GENERAL CORPORATE FUND. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo,. Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ZONING CASE Moved by Sarlo, seconded by Chiropolos, to concur with 95 - 33 - recommendation of Committee of the Whole re Zoning Case 1345 EAST 95 -33 -V, to grant request to permit construction of an GOLF ROAD: unmanned cellular telephone facility consisting of a 105' self - supporting monopole where the height limitation is Ordinance 60', subject to any monopole, antenna, or other related Z - 16 - 95 structures which become abandoned being removed by the petitioner within six (6) months, on property located at 1345 E. Golf Road in M -2 General Manufacturing District; and place on First Reading Ordinance Z- 16 -95. Motion declared carried. Moved by Sarlo, seconded by Beauvais, to adopt Ordinance Z- 16 -95, AN ORDINANCE GRANTING A VARIATION TO SECTION 5.2.5 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF AN UNMANNED CELLULAR TELEPHONE FACILITY CONSISTING OF A 105 FOOT SELF - SUPPORTING MONOPOLE, WHERE THE HEIGHT LIMITATION IS 60 FEET, ON THE PROPERTY COMMONLY KNOWN'AS 1345 EAST GOLF ROAD, IN M -2 GENERAL MANUFACTURING DISTRICT (CASE NO. 95- 33 -V). Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. PERMIT FEE/ Moved by Sarlo, seconded by Curley, to concur with Staff JAYCEES recommendation and deny request from Des Plaines Area CARNIVAL: Jaycees that permit fee for their recent carnival held at Oakton Street and Mt. Prospect Road be waived. Motion declared carried. EXECUTIVE Moved by Sarlo, seconded by Beauvais, to go into SESSION: Executive Session to discuss pending litigation and acquisition of real property. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Council recessed at 9:05 p.m. Council reconvened at 9:55 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. PENDING Moved by Beauvais, seconded by Christiansen, that the LITIGATION: City's legal counsel for four (4) Worker's Compensation Claims be authorized to proceed with settlements as directed in Executive Session. Motion declared carried. 1 1 APPROVED BY ME THIS eZ/ DAY OF " , 1995 Ted Sherwood, MAYOR PAGE SEVEN 97. 6/5/95 ACOUISITION Moved by Beauvais, seconded by Christiansen, that City OF REAL Attorney be authorized to begin condemnation proceedings PROPERTY: for property located at 1596 Miner Street. Motion declared carried. ADJOURNMENT: Moved by Sarlo, seconded by Curley, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:56 p.m. c;„L,,A,„ Donna McAllister, CMC /AAE - CITY CLERK