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07/05/1995CALL 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 Wednesday, July 5, 1995. ROLL CALL: 107. 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, WEDNESDAY, JULY 5, 1995 Roll call indicated the following aldermen present: Beauvais, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. Aldermen Christiansen was absent. Alderman Christiansen arrived at 7:02 p.m. Alderman Beauvais left at 9:25 p.m. Also present were: City Treasurer Fredricks, City Manager Douthwaite, Assistant Director of Finance & Administration Placko, Police Chief Sturlini, Fire Chief Farinella, Public Works Administrative Assistant Tozzo, City Engineer Oakley, Community Development Director D'Onofrio, Human Resources and Services Department Director Merriman, Assistant City Attorney Gruber, and City Attorney Wiltse. PRAYER AND PLEDGE: CONSENT AGENDA: The opening prayer was given by Captain Andy Miller, The Salvation Army, followed by the Pledge of Allegiance to the Flag. Alderman Chiropolos requested that Items 6, 6a and 19 be removed from the Consent Agenda. Moved by Sarlo, seconded by Higgason, to establish a Consent Agenda except for Items 6, 6a and 19. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8- Christiansen, Beauvais, 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- 30 -95, M- 31 -95, M -32- 95, M- 33 -95, M- 36 -95, T -6 -95 and T -7 -95 are adopted; and Resolution R -37 -95 is adopted. MINUTES: Moved by Sarlo, seconded by Chiropolos, to approve Consent minutes of regular meeting of the City Council held June Agenda 19, 1995, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to approve minutes of Executive Session of the City Council held June 19, 1995. Motion declared carried as approved unanimously under Consent Agenda. TWO -WAY Moved by Sarlo, seconded by Chiropolos, to concur with TRAFFIC/ recommendation of Committee of the Whole Meeting held PERRY ST.: June 19, 1995, to DENY .request to convert the traffic Consent flow from one -way eastbound to two -way between Graceland Agenda Avenue and Ida Street, contingent upon requirement that westbound traffic stop at Graceland Avenue and the removal of landscape material at the southeast corner of Perry Street and Graceland Avenue to eliminate the sight distance conflict. Motion declared carried as approved unanimously under Consent Agenda. FENCE AND Moved by Sarlo, seconded by Chiropolos, to concur with PARKING PAD recommendation of Committee of the Whole Meeting held VARIATIONS/ June 19, 1995, to grant request to permit construction 2931 SCOTT: of a 6' high board -on -board fence along the east property Consent line, setback 15' from Nimitz Drive property line and run Agenda 2931 SCOTT (Cont'd.) SUPPORT IDRB FINANCING/ 400 W. TOUHY: Consent Agenda Resolution R -37 -95 LICENSE AGREEMENT/ 252 CORNELL: Ordinance M -39 -95 FENCE VARIATION/ 1010 SIXTH: Consent Agenda HISTORICAL SOCIETY ANNUAL FAIR: Consent Agenda PAGE TWO 108. 7/5/95 approximately 30' in length from east property line, then run at a 45 degree angle to the northeast corner of the residence (Code requires any fence located in required 25' front yard not to exceed 3.5' in height and be at least 50% open), on property located at 2931 Scott Street. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole Meeting held June 19, 1995, to grant request to permit expansion of existing driveway by 4', which would result in a parking pad along the south side of the driveway for a total driveway width of 20.5', on property located at 2931 Scott Street. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole Meeting held June 19, 1995, to approve the proposed issuance of up to $4,200,000 in Industrial Development Revenue Bonds for A. J. Gerrard & Company, 400 E. Touhy Avenue, by the Illinois Development Finance Authority; proceeds to be used to purchase machinery and equipment, construction of building addition, renovation of existing facility and the payment of certain costs related to the issuance of the bonds; and further recommend to adopt Resolution R- 37-95, A RESOLUTION SUPPORTING FINANCING BY THE ILLINOIS DEVELOPMENT FINANCE AUTHORITY FOR A. J. GERRARD AND COMPANY, 400 EAST TOUHY AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Sarlo, to concur with Staff recommendation to grant request to permit the installation of 2' wide ribbon of brick pavers adjacent to an existing concrete driveway approach in the public right -of -way on property located at 252 Cornell Avenue; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M- 39 -95, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH EDWARD AND VIRGINIA McCASKEY FOR THE INSTALLATION OF BRICK PAVER DRIVEWAY RIBBONS IN THE PUBLIC RIGHT -OF -WAY ADJACENT TO THE DRIVEWAY APPROACH IN FRONT OF 252 CORNELL AVENUE, DES PLAINES, ILLINOIS. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to grant request for Fence Variation to permit construction of 4' high chain link fence in front of building line along the Hoffman Parkway side of property (Code requires any fence constructed in front of a building line to not exceed 3.5' in height), on property located at 1010 Sixth Avenue. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to grant request from Des Plaines Historical Society for use of the Behrel Parking Deck for their 24th Annual Antique Fair & Flea Market on Sunday, September 10, 1995, from 9 a.m. to 4 p.m.; that Parking Deck and Satellite Lot be closed to parking at 12:01 a.m. on September 10, 1995; that Ellinwood Street be closed to vehicular traffic from 6 a.m. to 5 p.m. on September 10, 1995; allow placement of dumpster and temporary toilet facilities in Satellite Lot (not on grass); that promotional banners be placed on the Behrel Parking Deck from August 28 through September 10, 1995; and that normal fee for food and raffle be waived. Motion declared carried as approved unanimously under Consent Agenda. PAGE THREE 109. 7/5/95 RESCIND BID/ Moved by Sarlo, seconded by Chiropolos, to concur with BODY ARMOR & Staff recommendation to rescind bid awarded on June 5, READVERTISE: 1995, to Uniform Den, Inc., 1309 5th Avenue, Moline, IL Consent 61265, to provide a minimum of seventy -five (75) Body Agenda Armor Vests in the amount of $399.50 per vest, for a total bid amount of $29,962.50, because manufacturer of the vests has discontinued business due to bankruptcy; and City Clerk be authorized to readvertise for bids, returnable by 3:00 p.m., Thursday, July 27, 1995. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD Moved by Sarlo, seconded by Chiropolos, to concur with NEW BOILER/ Staff recommendation to award bid for Removal and PUBLIC WORKS Replacement of New Boiler for the Public Works Department DEPARTMENT: to the lowest bidder, Dial One Aleyden, 1580 Cora Street, Consent Des Plaines, in the total bid amount of $16,260. Motion Agenda declared carried as approved unanimously under Consent Agenda. ADVERTISE Moved by Sarlo, seconded by Chiropolos, to concur with FOR BIDS: Staff recommendation that City Clerk be authorized to Consent advertise for bids for one (1) New 1995 -1996 Skid -Steer Agenda Loader and Trailer with Attachments, returnable by 3:00 p.m., Tuesday, July 11, 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 one (1) New 1995 -1996 Mobile Intensive Care Unit (MICU), returnable by 3:00 p.m., Thursday, July 27, 1995. Motion declared carried as approved unanimously under Consent Agenda. REAPPOINT Moved by Sarlo, seconded by Chiropolos, to approve MENTS: Mayoral reappointment of Charles Van Hyning to the DES Consent PLAINES CIVIL SERVICE COMMISSION, term to expire April Agenda 30, 1998. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to consider Mayoral reappointments of Michael Schnell and Inara Brubaker to the Des Plaines Library Board (final action under Consent Agenda on July 17, 1995). Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt M - 30 - 95 Ordinance M- 30 -95, AN ORDINANCE AMENDING TITLE II DELETE HUMAN "COMMISSIONS AND BOARDS," OF THE CITY CODE OF DES RELA. COMM.: PLAINES, TO DELETE CHAPTER 13 "HUMAN RELATIONS Consent COMMISSION," IN ITS ENTIRETY. Motion declared carried Agenda as approved unanimously under Consent Agenda. ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt M - 31 - 95 Ordinance M- 31 -95, AN ORDINANCE AMENDING TITLE II DELETE HIST. "COMMISSIONS AND BOARDS," OF THE CITY CODE OF DES LANDMARK PLAINES, TO DELETE CHAPTER 15 "DES PLAINES HISTORICAL COMMISSION: LANDMARK COMMISSION," IN ITS ENTIRETY. Motion declared Consent carried as approved unanimously under Consent Agenda. Agenda ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt M - 32 - 95 Ordinance M- 32 -95, AN ORDINANCE AMENDING TITLE II DELETE "COMMISSIONS AND BOARDS," OF THE CITY CODE OF DES ENVIRON. PLAINES, TO DELETE CHAPTER 17 "ENVIRONMENTAL CONTROL CON. COMM.: COMMISSION," IN ITS ENTIRETY. Motion declared carried Consent as approved unanimously under Consent Agenda. Agenda vok ORDINANCE M -33 -95 DELETE SEN. CITIZENS ADV. COMM.: Consent Agenda ORDINANCE M -34 -95 DELETE CLEAN COMMUNITY BEAUTIF. COMMISSION: ORDINANCE M -36 -95 EXEMPT PAY. ALARM SYS. FEES: Consent Agenda ORDINANCE T -6 -95 PARK. RESTR./ MARGRET ST.: Consent Agenda ORDINANCE T -7 -95 TRAF. RESTR./ CARLOW DR.: Consent Agenda COMPREHEN- SIVE PLAN ORDINANCES: COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair 110. 7/5/95 PAGE FOUR Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance M- 33 -95, AN ORDINANCE AMENDING TITLE II "COMMISSIONS AND BOARDS," OF THE CITY CODE OF DES PLAINES, TO DELETE CHAPTER 20 "SENIOR CITIZENS ADVISORY COMMISSION," IN ITS ENTIRETY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Sarlo, to adopt Ordinance M- 34 -95, AN ORDINANCE AMENDING TITLE II "COMMISSIONS AND BOARDS," OF THE CITY CODE OF DES PLAINES, TO DELETE CHAPTER 22 "CLEAN COMMUNITY BEAUTIFICATION COMMISSION," IN ITS ENTIRETY. 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. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance M- 36 -95, AN ORDINANCE AMENDING SECTION 5 -5 -31.3 "RECEIVING STATION ALARMS" OF CHAPTER 5 "OTHER BUSINESSES," TITLE V OF THE CITY CODE OF DES PLAINES TO ADD THERETO "ALL UNITS OF LOCAL GOVERNMENT AND ALL NOT - FOR- PROFIT SCHOOLS AND NOT -FOR- PROFIT DAYCARE FACILITIES ARE EXEMPT FROM PAYMENT OF ALARM SYSTEM FEES AS SET FORTH IN SECTION 5 -1 -3.1 OF THE CITY CODE." Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance T -6 -95, AN ORDINANCE AMENDING SCHEDULE I, SECTION 10 -5 -17, "PARKING PROHIBITED IN DESIGNATED PLACES," TO ADD THERETO "MARGRET STREET, FOREST AVENUE TO WICKE AVENUE, EAST SIDE." Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance T -7 -95, AN ORDINANCE AMENDING SECTION 10 -7 -4 "YIELD RIGHT OF WAY," OF CHAPTER 7 "THROUGH AND STOP STREETS," TITLE X, OF THE CITY CODE OF DES PLAINES, TO ADD "CARLOW DRIVE TO YIELD RIGHT OF WAY FOR WATERFORD DRIVE." 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. Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City Council questioning the cost of the two -phase Comprehensive Plan presented by Camiros, Ltd. City Manager Douthwaite stated that the approximate cost was $100,000. Mr. Flynn asked if the City was going to relocate the businesses in the "triangle" area; he was told no. Mr. Flynn asked why the City is not including a grocery story in the downtown redevelopment plan. City Manager Douthwaite stated that the City has tried to do this on several occasions, but various food stores want the City to bear all the costs. Mr. Flynn asked if the City was going to have a downtown coordinator and downtown committee as suggested in the Camiros Plan. City Manager Douthwaite stated that the Economic Development Commission has set up a sub- committee to handle these responsibilities. COMP. PLAN (Cont'd.) PAGE FIVE 7/5/95 Mr. Flynn asked if the Economic Development Commission was actively working with the City to include their recommendations for what they would like to see developed. He was assured that they are. Moved by Chiropolos, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council approval of the proposed ordinance officially adopting the Comprehensive Plan as prepared by Camiros, Ltd., 411 S. Wells Street, Chicago, IL 60607, as amended at Committee of the Whole Meeting on June 15, 1995, to change the designation for the Moehling Farm, south side of Rand Road, east of Wolf Road, from Townhouse Residential to Single Family Residential; and Ordinance M- 40 -95, AN ORDINANCE ADOPTING THE COMPREHENSIVE PLAN PREPARED BY CAMIROS, LTD., AS THE OFFICIAL COMPREHENSIVE PLAN FOR THE CITY OF DES PLAINES, be placed on First Reading at appropriate time (further action on this matter under Consent Agenda on July 17, 1995). Motion declared carried. Moved by Chiropolos, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council that Chapter 11, Title IX, of the City Code be amended to reflect the adoption of the entire comprehensive plan, not just the land use portion; and Ordinance M- 41 -95, AN ORDINANCE AMENDING CHAPTER 11 "CITY PLAN," TITLE IX, OF THE CITY CODE OF DES PLAINES, IN ITS ENTIRETY, be placed on First Reading at appropriate time (further action on this matter under Consent Agenda on July 17, 1995). Motion declared carried. LEGAL & LICENSING - Alderman Beauvais, Chair LIQ. LIC./ Petitioner Sherry L. Melze was sworn in by the City Clerk 1300 MINER: and gave testimony before the City Council. Mr. Mark Palmeri, 595 Webford Avenue, addressed the City Council in opposition to this request for a Class A Liquor License for 1300 Miner Street. Mr. Palmeri read a statement citing his many objections; noise being a primary objection. Mr. Tom Shanahan, 611 Webford Avenue, addressed the City Council in opposition to this request; had a bad experience with customers of the previous owner; would encourage Ms. Melze to find another location for her business; doesn't want his children to feel unsafe. Mr. Jim Sorensen, 594 Webford Avenue, addressed the City Council in opposition to this request; objected to the noise this business would cause. Mr. Keith Hohn, 1330 Perry Street, addressed the City Council in opposition to this request; if Des Plaines wants to keep their position as a desirable community, we must be careful; we do not need another tavern. Mr. Joseph Palmeri identified himself as a resident and addressed the City Council in opposition to this request. Mr. Harold Heinz, 1330 Perry Street, addressed the City Council in opposition to this request; this business does not have enough parking; Ms. Melze should find another location. City Clerk McAllister advised the City Council that Mr. Mark Palmeri had filed petitions with her this evening numbering 31 signatures of residents in the area opposed to this request. LIO. LIC. (Cont'd.) PAGE SIX 112. 7/5/95 Moved by Sarlo, seconded by Elstner, to recommend to the City Council to DENY request to approve change of ownership of Class A Liquor License for property located at 1300 Miner Street, d /b /a Melz Place. Motion declared carried (final action on this matter under Consent Agenda on July 17, 1995). FINANCE & ADMINISTRATION - Alderman Christiansen, Chair WARRANT Moved by Christiansen, seconded by Sarlo, to concur with REGISTER: Staff recommendation and recommend to the City Council approval of July 5, 1995 Warrant Register in the amount of $1,864,783.56; and Resolution R -39 -95 be adopted at appropriate time this evening. Motion declared carried. EXPENSE Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City ACCOUNT FOR Council questioning where the proposed expense account MAYOR: of $200 per month would go; we want accountability. Moved by Curley, seconded by Elstner, to concur with Alderman Christiansen's request and recommend to the City Council _ 0- - . • ti BUILDING CODE - Alderman Arredia, Chair hginning in-- -duly – a € —' 4., and City Attorney be authorized to draft necessary ordinance to provide a $200 per month expense account not subject to anuual appropriation similar to the aldermanic expense accounts, ee inning in-- 1944.. Motion declared carried (further action on this matter under Consent Agenda on July 17, 1995). PARKING PAD Petitioner Peter Donde and his attorney addressed the VARIATION/ City Council regarding his request to permit parking pad 426 AMHERST: constructed without a permit to remain and fines relating to this violation be waived. Moved by Sarlo, seconded by Elstner, to recommend to the City Council that 7' x 20' parking pad, located adjacent to an 11' wide driveway, which was constructed without a permit, be allowed to remain on property located at 426 Amherst Avenue; that a total fine of $500 be assessed for this violation; and Staff be directed to investigate whether a permit was obtained for construction of existing e h-a i n lint fence on this property. Motion declared carried. \ So1,,AD (4)eo Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. GAMBLING Moved by Chiropolos, seconded by Higgason, to concur with ORDINANCE recommendation of Committee of the Whole Meeting held AMENDMENTS: June 19, 1995, that City Code be amended under Chapter 2 "Gambling," of Title VI, "Police Regulations" to add Ordinance two new sections which would permit non - profit M - 37 - 95 organizations to conduct Pull Tabs, Jar Games and Charitable Games; and include recommended changes as outlined in Assistant City Attorney Gruber's memo of June 27, 1995, i.e. increasing investigation fee from $50 to $100, responsibility of businesses to advise non - profit organizations of this ordinance and where applications can be obtained and investigation fee paid; and further recommend that Ordinance M- 37 -95, AN ORDINANCE AMENDING PAGE SEVEN Council recessed at 9:45 p.m. Council reconvened at 10:51 p.m. 113. 7/5/95 GAMBLING CHAPTER 2, "GAMBLING" OF TITLE VI, "POLICE REGULATIONS," (Cont'd.) OF THE DES PLAINES CITY CODE, TO ADD THERETO SECTIONS 6- 2-11 "PULL TABS AND JAR GAMES," AND 6 -2 -12 "CHARITABLE GAMES" be placed on First Reading. Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Elstner, Higgason, Chiropolos, Arredia NAYS: 2- Curley, Sarlo ABSENT: 0 -None Motion declared carried (final action on this matter under Unfinished Business on July 17, 1995). WARRANT Moved by Christiansen, seconded by Sarlo, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R- 39 -95, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS -ARE R - 39 - 95 DUE AND PAYABLE AND THAT. THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $1,864,783.56 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. PARKING PAD Moved by Arredia, seconded by Elstner, to concur with VARIATION/ recommendation of Committee of the Whole that 7' x 20' 426 AMHERST: parking pad, located adjacent to an 11' wide driveway, which was constructed without a permit, be allowed to remain on property located at 426 Amherst Avenue; that a total fine of $500 be assessed for this violation; and Staff be directed to investigate whether a permit was obtained for construction of existing chain link fence on this property. Motion declared carried. PUBLIC HEAR./ Moved by Sarlo, seconded by Curley, that Administration FUTURE GOALS be directed to arrange for a public hearing to be held FOR CITY: with the City Council and Staff for citizens to give input as to what direction they would like to see the City take over the next five (5) years. Motion declared carried. EXECUTIVE Moved by Sarlo, seconded by Curley, to go into Executive SESSION: Session to discuss collective bargaining and pending litigation. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. Roll call indicated the following aldermen present: Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. COLLECTIVE Moved by Curley, seconded by Chiropolos, that the City's BARGAINING: labor negotiator be authorized to proceed with negotiations as directed in Executive Session. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. pm 1 1 APPROVED BY ME THIS cp DAY OF 1995 I Ted Sherwood, MAYOR PAGE EIGHT 114. 7/5/95 PENDING Moved by Curley, seconded by Sarlo, that City Attorney LITIGATION: be authorized to negotiate settlement of law suit as directed in Executive Session. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. ADJOURNMENT: Moved by Curley, seconded by Christiansen, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:55 p.m. Donna McAllister, CMC /AAE - CITY CLERK