Loading...
08/07/1995122. 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, AUGUST 7, 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, August 7, 1995. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Elstner, Curley, Sarlo, Chiropolos, Arredia. Aldermen Christiansen and Higgason were absent. Also present were: City Manager Douthwaite, Economic Development Director Klaus, Assistant Director of Finance & Administration Placko, Police Chief Sturlini, Fire Chief Farinella, Sr. Civil Engineer Kaszuba, Community Development Director D'Onofrio, Emergency Communications Director Ornberg, Human Resources and Services Department Director Merriman, and City Attorney Wiltse. PRAYER AND PLEDGE: CONSENT AGENDA: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Moved by Sarlo, seconded by Chiropolos, to establish a Consent Agenda. Motion declared carried. Moved by Sarlo, seconded by Curley, to approve the Consent Agenda. Upon roll call, the vote was: AYES:. 6- Beauvais, Elstner, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Christiansen, Higgason Motion declared carried. The minutes are approved. The Staff recommendations and requests are approved; Ordinances M- 40 -95, M- 41 -95, M -43- 95 and Z -18 -95 are adopted; Ordinances M- 42 -95, M -45 -95 and T -8 -95 are placed on First Reading; and Resolutions R -43 -95 and R -44 -95 are adopted. MINUTES: Moved by Sarlo, seconded by Curley, to approve minutes Consent of regular meeting of the City Council held July 17, Agenda 1995, as published. Motion declared carried as approved unanimously under Consent Agenda. DONATION OF Moved by Sarlo, seconded by Curley, to concur with Staff SURPLUS FIRE recommendation to grant request from the Phoenix, EOUIPMENT: Illinois Fire Department for donation of any and all Consent types of surplus and no longer needed fire fighting Agenda equipment; and further recommend to place on First Reading Ordinance M- 45 -95, AN ORDINANCE AUTHORIZING THE Ordinance SALE AND CONVEYANCE OF PERSONAL PROPERTY OWNED BY THE M -45 -95 CITY OF DES PLAINES. Motion declared carried as approved unanimiously under Consent Agenda. AMEND. TO Moved by Sarlo, seconded. by Curley, to concur with Staff FACE BRICK recommendation to amend Subsection R- 503.1.1 "Face Brick REOUIRE.: Coverage Requirements" of Section 4 -7 -6 of the City Code Consent fo clarify the following: face brick is required only on Agenda single family detached residences; definition of face brick; Building Code Committee to approve any variation Ordinance following recommendation from Architectural Commission; M -42 -95 $220 application /processing fee be required; and further recommend to place on First Reading Ordinance M- 42 -95, AN ORDINANCE AMENDING SUBSECTION R- 503.1.1 "FACE BRICK COVERAGE REQUIREMENTS" OF SECTION 4 -7 -6 "ADOPTION OF CABO ONE AND TWO FAMILY DWELLING CODE - 1992" OF THE CITY CODE OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. PAGE TWO 123. 8/7/95 AMENDMENTS/ Moved by Sarlo, seconded by Curley, to concur with Staff LOAD LIMIT. recommendation to amend City Code fo delete present ORDINANCE: Chapter 16 - "Load Limitations on Certain Streets" and Consent replace with new, reformated Chapter 16 - "Load Agenda Limitations on Certain Streets," which will eliminate five (5) ton restriction; increase types of special Ordinance permits from two (2) to four (4); and create a T -8 -95 prohibition against the presence of vehicles over a "B" plate or 8,000 lbs. on City streets; and further recommend to place on First Reading Ordinance T -8 -95, AN ORDINANCE DELETING CHAPTER 16 "LOAD LIMITATIONS ON CERTAIN STREETS," OF TITLE X, OF THE CITY CODE OF DES PLAINES, IN ITS ENTIRETY, AND ADDING IN ITS STEAD A NEW CHAPTER 16 "LOAD LIMITATIONS ON CERTAIN STREETS." Motion declared carried as approved unanimously under Consent Agenda. CDBG Moved by Sarlo, seconded by Curley, to concur with Staff BUDGET: recommendation to approve Program Year (PY) 1995 Consent Community Development Block Grant Budget (October 1, 1995 Agenda - September 30, 1996) in the amount of $340,000, as presented at a Public Hearing held on July 25, 1995. Motion declared carried as approved unanimiously under Consent Agenda. CDBG/ Moved by Sarlo, seconded by Curley, to concur with Staff HOUSING & recommendation that Mayor be authorized to sign the COMM. DEV. Housing and Community Development Plan for Community PLAN: Development Block Grant (CDBG) program years 1995 -1999; Consent submit same to U.S. Department of Housing and Urban Agenda Development (HUD); and further recommend to adopt Resolution R- 43 -95, A RESOLUTION APPROVING THE CITY OF Resolution DES PLAINES' 1995 -1999 HOUSING AND COMMUNITY DEVELOPMENT R -43 -95 PLAN. Motion declared carried as approved unanimously under Consent Agenda. CDBG FUNDS/ Moved by Sarlo, seconded by Curley, to concur with Staff GRANT recommendation that Mayor be authorized to sign 1995 -1996 APPLICATION: Community Development Block Grant (CDBG) application and Consent its attached certifications and submit same to U.S. Agenda Department of Housing and Urban Development (HUD) no later than August 16, 1995; and further recommend to Resolution adopt Resolution R- 44 -95, A RESOLUTION APPROVING THE CITY R -44 -95 OF DES PLAINES' 1995 -1996 COMMUNITY DEVELOPMENT BLOCK GRANT USE OF FUNDS. Motion declared carried as approved unanimously under Consent Agenda. FENCE Moved by Sarlo, seconded.by Curley, to concur with Staff VARIATION/ recommendation to grant request for Fence Variation to 120 permit construction of 6' high board -on -board fence along STRATFORD: the property line adjacent to the alley from the front Consent of the house to the concrete drive in the rear Agenda (approximately 90'); either end of the fence would be 4' in height then tapered up to 6' in height; contingent upon that portion of the fence near the driveway being installed at a 45 degree angle, on property located at 120 Stratford Road. Motion declared carried as approved unanimously under Consent Agenda. SIDEWALK Moved by Sarlo, seconded by Curley, to concur with Staff SALE DAYS: recommendation to grant request from Des Plaines Chamber Consent of Commerce and Industry to hold their 39th Annual City - Agenda Wide Sidewalk Sale Days from Wednesday, August 16 through Sunday, August 20, 1995, and parking restrictions be waived during these special days for the convenience of shoppers. Motion declared carried as approved unanimously under Consent Agenda. PAGE THREE 124! 8/7/95 BID AWARD/ Moved by Sarlo, seconded by Curley, to concur with Staff BODY ARMOR recommendation to award bid for purchase of a minimum of VESTS: seventy -five (75) Body Armor Vests to the lowest bidder Consent to meet specifications, Ray O'Herron Company, Inc., 3549 Agenda N. Vermilion Street, Danville, IL 61834, in the amount of $399.95 per vest, for a total bid amount of $29,996.25. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISE Moved by Sarlo, seconded by Curley, to concur with Staff FOR BIDS: recommendation that City Clerk be authorized to advertise Consent for bids for one (1) New 1995 -1996 Truck Mounted Agenda Combination Sewer Vacuum and Flushing Machine, returnable by 3:00 p.m., Friday, September 1, 1995. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Curley, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 1995 50 -50 Sidewalk, Sidewalk Ramp and Curb Improvements, returnable by 3:00 p.m., Thursday, August 24, 1995. Motion declared carried as approved unanimously under Consent Agenda. REAPPOINT Moved by Sarlo, seconded by Curley, to consider Mayoral MENTS: appointment /reappointment as follows: Consent DES PLAINES LIBRARY BOARD Agenda Eldon Burk (replacing William Vedral) DES PLAINES ARCHITECTURAL COMMISSION Edward Harvey (reappointment) (final action under Consent Agenda on August 21, 1995). Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Sarlo, seconded by Curley, to adopt Ordinance M - 40 - 95 M- 40 -95, AN ORDINANCE ADOPTING THE COMPREHENSIVE PLAN ADOPTING PREPARED BY CAMIROS, LTD., AS THE OFFICIAL COMPREHENSIVE COMP. PLAN: PLAN FOR THE CITY OF DES PLAINES. Motion declared Consent carried as approved unanimously under Consent Agenda. Agenda ORDINANCE Moved by Sarlo, seconded by Curley, to adopt Ordinance M - 41 - 95 M- 41 -95, AN ORDINANCE AMENDING CHAPTER 11 "CITY PLAN," CHANGING TITLE IX, OF THE CITY CODE OF DES PLAINES, IN ITS NAME OF ENTIRETY. Motion declared carried as approved "CITY PLAN ": unanimously under Consent Agenda. Consent Agenda ORDINANCE Moved by Sarlo, seconded by Curley, to adopt Ordinance M - 43 - 95 M- 43 -95, AN ORDINANCE AMENDING SECTION 1 -6 -23 MAYOR'S "COMPENSATION AND EXPENSES" OF TITLE I, CHAPTER 6, OF THE EXP. ACCT.: CITY CODE OF DES PLAINES. Motion declared carried as Consent approved unanimously under Consent Agenda. Agenda ORDINANCE Moved by Sarlo, seconded by Curley, to adopt Ordinance Z - 18 - 95 Z- 18 -95, AN ORDINANCE GRANTING A VARIATION TO SECTION VARIATION/ 3.2.2 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO 630 DURSEY: PERMIT THE OPERATION OF AN OFFICE FOR A TWO (2) YEAR Consent PERIOD IN A SINGLE FAMILY HOME, IN THE LONGFORD GLEN Agenda SUBDIVISION, IN R -2 SINGLE FAMILY DISTRICT, ON THE PROPERTY COMMONLY KNOWN AS 630 NORTH DURSEY LANE, (CASE NO. 95- 39 -V). Motion declared carried as approved unanimiously under Consent Agenda. ORDINANCE Moved by Elstner, seconded by Beauvais, to advance to M - 45 - 95 Second Reading and adopt Ordinance M- 45 -95, AN ORDINANCE DONATION OF AUTHORIZING THE SALE AND CONVEYANCE OF PERSONAL PROPERTY SURPLUS FIRE OWNED BY THE CITY OF DES PLAINES. Upon roll call, the EOUIPMENT: vote was: PAGE FOUR M -45 -95 AYES: 6- Beauvais, Elstner, Curley, Sarlo, (Cont'd.) Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Christiansen, Higgason Motion declared carried. 125. 8/7/95 APPOINTMENT: Moved by Curley, seconded by Elstner, to waive the two week waiting period and appoint Eldon Burk to the DES PLAINES LIBRARY BOARD (replacing William Vedral), effective immediately, term to expire June 30, 1998. Motion declared carried. Mayor Ted Sherwood declared that the City Council was now resolved into a Committee of the Whole. COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair VOLUNTARY Moved by Beauvais, seconded by Curley, to concur with ANNEXATION/ Staff recommendation and recommend to the City Council 25 N. EAST to grant request for voluntary annexation of property RIVER RD.: located at 25 N. East River Road; Mayor and City Clerk be authorized to execute Annexation Agreement; and further recommend to place on First Reading Ordinance A- 1-95 at appropriate time this evening. Motion declared carried. VOLUNTARY Moved by Beauvais, seconded by Elstner, to concur with ANNEXATION/ Staff recommendation and recommend to the City Council 51 N. EAST to grant request for voluntary annexation of property RIVER RD.: located at 51 N. East River Road; Mayor and City Clerk be authorized to execute Annexation Agreement; and further recommend to place on First Reading Ordinance A- 2-95 at appropriate time this evening. Motion declared carried. 6b CLASS./ Moved by Chiropolos, seconded by Curley, to concur with 1665 Staff recommendation and recommend to the City Council BIRCHWOOD: that the City support and consent to the granting of a Cook County Real Estate Classification 6b exemption to Candyland Candies, Inc., for construction of a 10,000 sq. ft. addition to its present building on property located at 1665 Birchwood Avenue; and further recommend that Resolution R -45 -95 be adopted at appropriate time this evening. Motion declared carried. MEMO OF Moved by Chiropolos, seconded by Curley, to concur with AGREEMENT RE Staff recommendation and recommend to the City Council IDRBs /1665 that City enter into Memorandum of Agreement with BIRCHWOOD: Candyland Candies, Inc., authorizing the issuance of not to exceed $8,500,000 Industrial Revenue Bonds to finance the expansion and improvement of its existing facility located at 1665 Birchwood Avenue, with the City allowing Candyland Candies, Inc. to use $500,000 of its 1996 volume cap of $2.6 million, provided Candyland can get other municipalities or state agencies to cede their "volume caps" to Des Plaines for the remaining $8 million; and further recommend to adopt Resolution R -46- 95 at appropriate time this evening. Motion declared carried. DOWNTOWN Economic Development Klaus and EDC member James Ogg REDEVELOP. addressed the City Council explaining that on April 20, CONSULTANT: 1995, the City Council had authorized the staff to retain a "Downtown Redevelopment Specialist" to assist the City in undertaking redevelopment of what used to be known as the "Superblock." A Request for Qualifications (RFQ) was sent to nine (9) companies determined to be capable of providing the necessary services. Mr. Klaus and Mr. Ogg stated that each proposal was thoroughly investigated PAGE FIVE 126. 8/7/95 CONSULTANT and it was the unanimous decision of the review (Cont'd.) committee, City Manager Douthwaite, Mr. Klaus and Mr. Ogg to retain S. B. Friedman & Company. Moved by Chiropolos, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council that City Manager Douthwaite be authorized to execute Letter of Engagement formalizing agreement with S. B. Friedman & Company, 221.N. LaSalle Street, Suite 1007, Chicago, IL 60601, to act as Downtown Redevelopment Consultant at a contract fee not to exceed $75,000. Motion declared carried. FINANCE & ADMINISTRATION - Alderman Sarlo, Vice Chair WARRANT Moved by Beauvais, seconded by Chiropolos, to concur with REGISTER: Staff recommendation and recommend to the City Council approval of August 7, 1995 Warrant Register in the amount of $1,884,020.39; and Resolution R -47 -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. 1995 LEAF Moved by Elstner, seconded by Sarlo, to concur with PICKUP recommendation of Committee of the Whole Meeting held PROGRAM: July 31, 1995, that Staff be authorized to implement 1995 City -Wide Leaf Pickup Program (same as last year) according to an established schedule. Motion declared carried. VOLUNTARY Moved by Sarlo, seconded by Chiropolos, to concur with ANNEXATION/ recommendation of Committee of the Whole to grant request 25 N. EAST for voluntary annexation of property located at 25 N. RIVER RD.: East River Road; Mayor and City Clerk be authorized to execute Annexation Agreement; and place on First Reading Ordinance Ordinance A -1 -95. Motion declared carried. A -1 -95 Moved by Beauvais, seconded by Sarlo, to advance to Second Reading and adopt Ordinance A -1 -95, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 25 NORTH EAST RIVER ROAD, DES PLAINES, IL,) AND AUTHORIZING AN ANNEXATION AGREEMENT. Upon roll call, the vote was: AYES: 6- Beauvais, Elstner, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Christiansen, Higgason Motion declared carried. VOLUNTARY Moved by Sarlo, seconded by Curley, to concur with ANNEXATION/ recommendation of Committee of the Whole to grant request 51 N. EAST for voluntary annexation of property located at 51 N. RIVER RD.: East River Road; Mayor and City Clerk be authorized to execute Annexation Agreement; and place on First Reading Ordinance Ordinance A -2 -95. Motion declared carried. A -2 -95 Moved by Beauvais, seconded by Sarlo, to advance to Second Reading and adopt Ordinance A -2 -95, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 51 NORTH EAST RIVER ROAD, DES PLAINES, IL,) AND AUTHORIZING AN ANNEXATION AGREEMENT. Upon roll call, the vote was: AYES: 6- Beauvais, Elstner, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Christiansen, Higgason Motion declared carried. PAGE SIX 127. 8/7/95 6b CLASS./ Moved by Sarlo, seconded by Curley, to concur with 1665 recommendation of Committee of the Whole that the City BIRCHWOOD: support and consent to the granting of a Cook County Real Estate Classification 6b exemption to Candyland Candies, Resolution Inc., for construction of a 10,000 sq. ft. addition to R - 45 - 95 its present building on property located at 1665 Birchwood Avenue; and adopt Resolution R- 45 -95, A RESOLUTION INDICATING MUNICIPAL CONSENT TO A COOK COUNTY REAL ESTATE CLASS 6b PROPERTY TAX EXEMPTION TO CANDYLAND CANDIES, INC. Upon roll call, the vote was: AYES: 6- Beauvais, Elstner, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Christiansen, Higgason Motion declared carried. MEMO OF Moved by Sarlo, seconded by Elstner, to concur with AGREEMENT RE recommendation of Committee of the Whole that City enter IDRRs /1665 into Memorandum of Agreement with Candyland Candies, BIRCHWOOD: Inc., authorizing the issuance of not to exceed $8,500,000 Industrial Revenue Bonds to finance the Resolution expansion and improvement of its existing facility R - 46 - 95 located at 1665 Birchwood Avenue, with the City allowing Candyland Candies, Inc. to use $500,000 of its 1996 volume cap of $2.6 million, provided Candyland can get other municipalities or state agencies to cede their "volume caps" to Des Plaines for the remaining $8 million; and adopt Resolution R- 46 -95, A RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT (CANDYLAND CANDY, INC. PROJECT). Upon roll call, the vote was: AYES: 6- Beauvais, Elstner, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Christiansen, Higgason Motion declared carried. DOWNTOWN Moved by Sarlo, seconded by Chiropolos, to concur with REDEVELOP. recommendation of Committee of the Whole that City CONSULTANT: Manager Douthwaite be authorized to execute Letter of Engagement formalizing agreement with S. B. Friedman & Company, 221 N. LaSalle Street, Suite 1007, Chicago, IL 60601, to act as Downtown Redevelopment Consultant at a contract fee not to exceed $75,000. Moved by Curley, seconded by Arredia, to adopt a substitute motion that this matter be tabled until the next meeting of the City Council on August 21, 1995. Upon roll call, the vote was: AYES: 2- Curley, Arredia NAYS: 4- Beauvais, Elstner, Sarlo, Chiropolos ABSENT: 2- Christiansen, Higgason Motion declared failed. Upon roll call on the original motion, the vote was: AYES: 4- Beauvais, Elstner, Sarlo, Chiropolos NAYS: 2- Curley, Arredia ABSENT: 2- Christiansen, Higgason Motion declared carried. WARRANT Moved by Sarlo, seconded by Chiropolos, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R- 47 -95, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R - 47 - 95 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $1,884,020.39 Upon roll call, the vote was: AYES: 6- Beauvais, Elstner, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Christiansen, Higgason Motion declared carried. o PAGE SEVEN 128. 8/7/95 EXECUTIVE Moved by Sarlo, seconded by Chiropolos, to go into SESSION: Executive Session to discuss the following three matters as allowed by the provisions of the Open Meetings Act: 1. Section 2.(c)(1) - the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body," 2. Section 2.(c)(11) - pending litigation, and 3. Section 2.(c)(21) - semi - annual review of Executive Session minutes as required by statute. Upon roll call, the vote was: AYES: 6- Beauvais, Elstner, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Christiansen, Higgason Motion declared carried. Council recessed at 8:25 p.m. Council reconvened at 9:36 p.m. Roll call indicated the following aldermen present: Beauvais, Elstner, Curley, Sarlo, Chiropolos, Arredia. PENDING Moved by Beauvais, seconded by Elstner, to concur with LITIGATION: recommendation of legal counsel and authorize settlement of pending litigation as directed in Executive Session. Upon roll call, the vote was: AYES: 6- Beauvais, Elstner, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Christiansen, Higgason Motion declared carried. DISCIPLINE Moved by Beauvais, seconded by Sarlo, to authorize legal OF counsel to continue to work toward possible legal action EMPLOYEE: as directed in Executive Session. Upon roll call, the vote was: AYES: 6- Beauvais, Elstner, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Christiansen, Higgason Motion declared carried. RELEASE OF Moved by Beauvais, seconded by Elstner, that following EXECUTIVE semi - annual required review of Executive Session minutes, SESSION the following minutes be released in part or all for MINUTES: public inspection: April 1, 1991 - Executive Sessions (all parts now released) August 5, 1991 - Foreign Fire Ins. (all parts now released) December 16, 1991 - Foreign Fire Ins. (all parts now released) January 6, 1992 - Foreign Fire Insurance February 3, 1992 - Foreign Fire Ins. (all parts now released) June 1, 1992 - Personnel - Discrimination, and Litigation - Cohen v. City (all parts now released) June 7, 1993 - Pending Litigation - SWANCC, and Labor Negotiations - AFSCME (all parts now released) July 6, 1993 - Litigation - Vosburgh v. City August 2, 1993 - Litigation - Vosburgh v. City, Legal Dept. Quarterly Report, and Abandoned Gas Stations (all parts now released) 1 EXEC. MIN. September 7, 1993 - Litigation - Fire Asso. v. City (Cont'd.) and Employment of Employee (all parts now released) Upon roll call, the vote was: AYES: 6- Beauvais, Elstner, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Christiansen, Higgason Motion declared carried. ADJOURNMENT: Moved by Curley, seconded by Sarlo, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:38 p.m. APPROVED BY ME THIS DAY OF d S erwood, MAYOR 1995 PAGE EIGHT 129. 8/7/95 Donna McAllister, CMC /AAE - CITY CLERK