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10/02/1995150. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DEB PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, OCTOBER 2, 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, October 2, 1995. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. Also present were: City Manager Douthwaite, Director of Finance & Administration Peters, Economic Development Director Klaus, Police Chief Sturlini, Fire Chief Farinella, Public Works Director Shirley, Community Development Director D'Onofrio, City Engineer Oakley, Emergency Communications Director Ornberg, Human Resources and Services Department Director Merriman, and Assistant City Attorney Gruber. PRAYER AND The opening prayer was given by Father Jack Plotkowski, PLEDGE: Our Lady of Hope Catholic Church, followed by the Pledge of Allegiance to the Flag. CONSENT Alderman Higgason requested that Item 2 be removed from AGENDA: the Consent Agenda, Alderman Curley requested that Item 3 be removed, and Alderman Christiansen requested that Item 4 be removed. Moved by Sarlo, seconded by Chiropolos, to establish a Consent Agenda except for Items 2, 3 and 4. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, 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; Ordinance M -53 -95 is adopted; Ordinances M- 54 -95, M -55 -95 and T -9 -95 are placed on First Reading; and Resolutions R- 55 -95, R -56 -95 and R -57- 95 are adopted. MINUTES: Moved by Sarlo, seconded by Chiropolos, to approve Consent minutes of regular meeting of the City Council held Agenda September 18, 1995, as published. Motion declared carried as approved unanimously under Consent Agenda. EXECUTIVE Alderman Higgason requested that Executive Session SESSION minutes of September 18, 1995, be held for review in the MINUTES: Executive Session to be held later in the evening. TEMPORARY Alderman Curley asked where the permanent parking lot PARK. LOT/ would be located once the Behrel Deck is demolished. DEMOLITION City Manager Douthwaite stated that site would be OF BEHREL determined by the developer, not the City. DECK: Alderman Curley moved that the construction of a temporary parking lot and the approval of demolition of the Behrel Parking Deck be held until it can be determined what the cost would be to rehab the Behrel Parking Deck to keep it operational for perhaps one (1) or two (2) years, until the Mall is condemned and development of the entire site begins. Motion died for lack of a second. PARK. LOT (Cont'd.) PAGE TWO 151. 10/2/95 Moved by Elstner, seconded by Beauvais, to concur with recommendation of Committee of the Whole on September 26, 1995, that Staff be authorized to prepare specifications and advertise for bids for construction of temporary parking lot on City property south side of Ellinwood Street between Lee Street and Pearson Street, and the demolition of the Behrel Parking Deck - (bids for construction of temporary parking lot on Ellinwood Street are returnable by 3:00 p.m., Thursday, October 19, 1995) . Motion declared carried. Alderman Curley voted no. OAKTON ST. Moved by Christansen, seconded by Sarlo, to concur with RESURFACING: recommendation of Committee of the Whole on September 26, 1995, to approve Change Order #1, in the amount of $35,960, to contract with Lake County Grading Company, Inc., P.O. Box L, Libertyville, IL 60048, for 1995 Street Reconstruction Contract, for grinding and resurfacing of parking lanes on Oakton Street between Lee /Mannheim Road and Des Plaines /River Road; therefore, the adjusted total contract amount would be $3,440,509 /General Improvement 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. FINANCIAL Moved by Sarlo, seconded by Chiropolos, to concur with INCENTIVES/ recommendation of Committee of the Whole on September 27, DES PLAINES 1995, that Staff be authorized to meet with CHRYSLER: representatives of Des Plaines Chrysler - Plymouth, Jeep - Consent Eagle, to review alternative proposal for financial Agenda incentives and present this report at a Committee of the Whole meeting to be held Tuesday, October 3, 1995. Motion declared carried as approved unanimously under Consent Agenda. SALE OF CITY Moved by Sarlo, seconded by Chiropolos, to concur with PROPERTY BY Staff recommendation to authorize to sell by auction AUCTION: through the Northwest Municipal Conference on Saturday, Consent October 21, 1995, five (5) Public Works vehicles, two (2) Agenda Fire Department vehicles, and one truck (seized by Police Department); and further recommend to place on First Ordinance Reading Ordinance M- 54 -95, AN ORDINANCE AUTHORIZING THE M - 54 - 95 SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. SALE OF CITY Moved by Sarlo, seconded by Chiropolos, to concur with PROPERTY: Staff recommendation to authorize Police Department to Consent sell to the highest bidder (with minimum acceptable Agenda offer) seventeen (17) used Police Department vehicles on Tuesday, October 3, 1995 at 3:00 p.m., according to the Ordinance Terms of Sale, and further recommend to place on First M - 55 - 95 Reading Ordinance M- 55 -95, AN ORDINANCE AUTHORIZING THE SALE OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. SPEED RESTR. Moved by Sarlo, seconded by Chiropolos, to concur with PRAIRIE AND Staff recommendation to amend Section 10- 6 -16(D) of the NORMAN CT.: City Code that Prairie Avenue from Wisconsin Central Consent Railroad tracks to Second Avenue be posted at 25 MPH Agenda speed limit; that Norman Court from Bennett Lane to Wilkins Drive be posted at 25 MPH speed limit; and Ordinance further recommend to place on First Reading Ordinance T- T-9-95 9 -95, AN ORDINANCE AMENDING SECTION 10- 6 -16(D) "25 M.P.H. SPEED RESTRICTION," OF CHAPTER 6, TITLE X, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "NORMAN COURT FROM BENNETT LANE TO WILKINS DRIVE" AND "PRAIRIE AVENUE FROM WISCONSIN CENTRAL RAILROAD TRACKS TO SECOND AVENUE." Motion declared carried as approved unanimously under Consent Agenda. col PURCHASE OF ROCK SALT: Consent Agenda Resolution R -55 -95 WIRE TRANSFER AUTHORIZA.: Consent Agenda Resolution R -56 -95 PUBLIC IMPROVEMENTS/ O'TOOLE- TEKLICS SUBDIVISION: Consent Agenda Resolution R -57 -95 REJECTION OF BIDS LEAF LOADERS: Consent Agenda BID AWARD/ LEAF HAULING & DISPOSAL: Consent Agenda PAGE THREE 152. 10/2/95 Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to accept low bid for joint purchase through Illinois Department of Central Management Services for bulk rock salt from AKZO Salt, Inc., P.O. Box 352, Morgan Highway, Clark Summit, PA 18411, for City's requested quantity of 4,000 tons for a total cost of $107,200 and City Clerk be authorized to execute IDOT Form BLR 6103 to authorize expenditure from MFT Section 95- 00000 -00 GM; that Supplemental Resolution to MFT Section 95- 00000 -00 GM be adopted in the amount of $20,000 to partially fund the expenditure with the balance coming from the 1995 General Maintenance Fund; and further recommend to adopt Resolution R- 55 -95, A RESOLUTION AUTHORIZING THE EXECUTION OF A "SUPPLEMENTAL RESOLUTION WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION" FOR THE PURCHASE Of LIQUID CALCIUM CHLORIDE AND ROCK SALT FOR THE MAINTENANCE OF CITY STREETS AND HIGHWAYS, AND FOR FUNDING THE EXPENDITURES OF SAME. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to authorize City to execute a revised wire transfer authorization agreement with First Bank Des Plaines, that authorizes various City officials to execute wire transfers on behalf of the City; this action required due to restructuring at the depository; and further recommend to adopt Resolution R- 56 -95, A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS AGREEMENT WITH FIRST BANK NATIONAL ASSOCIATION (FIRST BANK DES PLAINES). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to accept sewer and water services, driveway approaches and parkway restoration public improvements for O'Toole - Teklics Subdivision, 2292 and 2294 Eastview Drive, and release public improvement surety in the amount of $4,150 and $300 cash guarantee ($331.50 cash warranty to be held for 18 months); and further recommend to adopt Resolution R- 57 -95, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS IN THE O'TOOLE- TEKLICS SUBDIVISION, 2292 -2294 EASTVIEW DRIVE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to reject all bids received on August 11, 1995, for purchase of two (2) Large Trailer Mounted Leaf Loaders, due to the rather large disparity in bid prices and the City's inability to field test all the proposed units; and authorize Staff to rewrite specifications and re -bid for these two units in the Spring of 1996, along with two additional units originally scheduled for 1996 replacement. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to award bid for 1995 Hauling and Disposal of Leaves (estimated quantity of 12,000 cubic yards) to the lowest bidder, Land and Lakes Company, 123 N. Northwest Highway, Park Ridge, IL 60068, at a unit price of $6.00 per cubic yard for a total bid price extended of $72,000, with disposal at Land and Lakes compost facility, 1220 E. 138th Street, Chicago, IL. Motion declared carried as approved unanimously under Consent Agenda. QA PAGE FOUR 153. 10/2/95 ADVERTISE Moved by Sarlo, seconded by Chiropolos, to concur with FOR BID: Staff recommendation that City Clerk be authorized to Consent advertise for bids for Remodeling of Men's and Women's Agenda Washrooms, First Floor, Civic Center, returnable by 3:00 p.m., Friday, October 27, 1995. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt M - 53 - 95 Ordinance M- 53 -95, AN ORDINANCE AMENDING SECTION 5 -34 -18 LIO. LIC. "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, UPDATE: TO ADJUST THE TOTAL NUMBER OF CLASS A AND CLASS H Consent LICENSES ISSUED (decrease for Wanabeez and Sirloin Agenda Stockade). Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Higgason, seconded by Elstner, to advance to M - 54 - 95 Second Reading and adopt Ordinance M- 54 -95, AN ORDINANCE SALE OF CITY AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY BY PROPERTY OWNED BY THE CITY OF DES PLAINES. Upon roll AUCTION: call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ORDINANCE Moved by Higgason, seconded by Elstner, to advance to M - 55 - 95 Second Reading and adopt Ordinance M- 55 -95, AN ORDINANCE SALE OF CITY AUTHORIZING THE SALE OF PERSONAL PROPERTY OWNED BY THE PROPERTY: CITY OF DES PLAINES. 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. Mayor Ted Sherwood declared that the City Council was now resolved into a Committee of the Whole. LEGAL & LICENSING - Alderman Beauvais, Chair APPT. OF Moved by Curley, seconded by Elstner, to recommend to the PERSONNEL/ City Council that proposed ordinance defining the CITY MGR.: appointment and discharge powers of the City Manager be amended to read: "The City Manager shall have the power to appoint and discharge any Assistant City Manager, Assistant to the City Manager, Administrative Assistant to the City Manager or any Intermediate Clerk within the City Manager's department." Motion declared carried (further action on this matter will come under Consent Agenda on October 16, 1995). PENALTY Moved by Sarlo, seconded by Chiropolos, to recommend to PROVISION/ the City Council that proposed ordinance to enable the NUISANCES: City to write local ordinance violations for any conduct in violation of Title VIII, Chapter 7, be amended to add after the words "provisions of" on Line Four of the proposed ordinance, "Sections 8 -7 -1, 8 -7 -2, 8 -7 -3, and 8 -7 -4 of this Chapter," and delete the words "this Code." Motion declared carried (further action on this matter will come under Consent Agenda on October 16, 1996). REVISION/ Moved by Chiropolos, seconded by Sarlo, to concur with COUNCIL Staff recommendation and recommend to the City Council PROCEDURES: approval of proposed ordinance to add the following new rules to Title I, Chapter 6, Section 1 -6 -9 of the City Code: PAGE FIVE 154. 10/2/95 PROCEDURES Rule XXXIV. A Motion to Reconsider can be made only on (Cont'd.) the day the vote to be considered was taken, and Rule XXXV. Upon the request of any two aldermen present, any report of a committee of the Council shall be deferred for final action to the next regular meeting of the Council after the report is made. Mrs. Elisabeth Trembath, 283 Good Court, addressed the City Council expressing her appreciation to the Council and Staff for explaining how items proceed through the agenda to final dispostion; it helps to understand how the system works. LIO. LIC./ 783 LEE ST.: Moved by Curley, seconded by Elstner, to adopt a substitute motion to recommend to the City Council that proposed Rule XXXIV be amended to add "or at the next regular meeting of the City Council," and Rule XXXV be approved as presented. Motion declared carried (further action on this matter will come under UNFINISHED BUSINESS on October 16, 1995). Aldermen Sarlo and Chiropolos voted no. Petitioners Larry Reimers and Pasquale Egastolo were sworn in by the City Clerk and gave testimony before the City Council. Moved by Beauvais, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council to grant request for change of ownership of Class G Liquor License for property located at 783 Lee Street, d /b /a Casa Royale Banquets, contingent upon verification of fingerprints. Motion declared carried. FINANCE & ADMINISTRATION - Alderman Christiansen, Chair WARRANT Moved by Sarlo, seconded by Chiropolos, to concur with REGISTER: Staff recommendation and recommend to the City Council approval of October 2, 1995 Warrant Register in the amount of $2,184,429.15; and Resolution R -58 -95 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair ZONING CASE Petitioner Ronald Szech and a friend who resides at 9350 95 - 50 - Bay Colony, addressed the City Council regarding the 1055 PRAIRIE: petitioner's request for an oversized detached garage measuring 24' x 35' and 17' in height. Petitioner has a couple of pick -up trucks and a boat and needs somewhere to store them; he needs the additional height because his work truck is taller than a standard garage. Moved by Elstner, seconded by Curley, to recommend to the City Council to deny request to permit construction of a detached garage measuring 24' x 35', but permit a height of 16' instead of the requested 17' on permitted 24' x 30' detached garage, in R -2 Single Family Residence District on property located at 1055 Prairie Avenue. Upon roll call, the vote was: AYES: 4- Beauvais, Elstner, Higgason, Curley NAYS: 5- Christiansen, Sarlo, Chiropolos, Arredia, Sherwood ABSENT: 0 -None Motion declared failed. Mayor Sherwood requested that the record indicate his strong objection to this request for variation. LIO. LIC./ 783 LEE ST.: PAGE SIX 155. 10/2/95 Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. PARKING PAD Mayor Sherwood stated that the motion regarding the VARIATION/ Parking Pad Variation for 49 E. Thacker Street, which was 49 E. adopted by the City Council on September 5, 1995, THACKER: reconsidered on September 18, 1995 and postponed to this date, was now before the City Council for a vote. Postponed Matter Mrs. Gloria Keane, 2048 Webster Lane, addressed the City Council stating that she gets annoyed that when the rest of us want to do some major project, we come to the City first for a permit; there are too many people that are new in Des Plaines that don't know the rules of the City, and some people pretend that they don't know that they have to come to the City first; she feels sorry for the petitioner, but rules should be enforced. Reconsidered motion of September 5, 1995: Moved by Arredia, seconded by Chiropolos, to concur with recommendation of Committee of the Whole to grant request for variation to permit 20' x 18' parking pad adjacent to a 10' wide driveway constructed earlier this summer without a permit on property located at 49 E. Thacker Street. Upon roll call, the vote was: AYES: 4- Beauvais, Sarlo, Chiropolos, Arredia NAYS: 5- Christiansen, Elstner, Higgason, Curley, Sherwood ABSENT: 0 -None Motion declared failed. Mayor Sherwood stated that he would be consulting with the City Attorney regarding the final disposition of this matter. Moved by Beauvais, seconded by Curley, to concur with recommendation of Committee of the Whole to grant request for change of ownership of Class G Liquor License for property located at 783 Lee Street, d /b /a Casa Royale Banquets, contingent upon verification of fingerprints. Motion declared carried. WARRANT Moved by Christiansen, seconded by Sarlo, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R- 58 -95, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R - 58 - 95 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,184,429.15. 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 - 50 - vote of the Committee of the Whole to DENY request to 1055 PRAIRIE: permit construction of a detached garage measuring 24' x 35', but permit a height of 16' instead of the requested 17' on permitted 24' x 30' detached garage, in R -2 Single Family Residence District on property located at 1055 Prairie Avenue. 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. 1 1 EXECUTIVE Moved by Beauvais, seconded by Sarlo, to go into SESSION: Executive Session to review minutes of Executive Session held September 18, 1995, and to discuss 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. APPROVED BY ME THIS R Off Ted Sherwood, MAYOR PAGE SEVEN Council recessed at 9:50 p.m. Council reconvened at 10:08 p.m. 156. 10/2/95 Roll call indicated the following aldermen present: Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. EXECUTIVE Moved by Higgason, seconded by Elstner, to approve SESSION minutes of Executive Session held September 18, 1995, as MINUTES: amended in Executive Session. Motion declared carried. ACQUISITION Moved by Curley, seconded by Sarlo, that Staff be OF REAL authorized to proceed with acquisition of Riverwood Auto PROPERTY/ Center property located at 1596 Miner Street, as directed 1596 MINER: 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 (further action on this matter under Consent Agenda on October 16, 1995). ADJOURNMENT: Moved by Sarlo, seconded by Higgason, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:11 p.m. 1995 Donna McAllister, CMC /AAE - CITY CLERK