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12/18/1995194. 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, DECEMBER 18, 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, December 18, 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, 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 City Attorney Wiltse. PRAYER AND The opening prayer was given by Pastor James W. Jackson, PLEDGE: Christ Church, followed by the Pledge of Allegiance to the Flag. RECOGNITION: Fire Chief Farinella and Police Chief Sturlini expressed their thanks and deep appreciation to Pastor James W. Jackson, Christ Church, who is retiring as the Fire - Police Chaplain after 23 years of service; they explained the work that is involved in being a chaplain and how well Pastor Jackson has performed those duties with unfailing dedication. Pastor Jackson expressed his appreciation for this recognition and introduced his recommended replacement, Reverend Mrs. Virginia Ericson, Associate Pastor of Christ Church. PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN HEARING: THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 18, 1995 CALL TO Mayor Sherwood called the Public Hearing to order at 7:09 ORDER: p.m. The Public Hearing was held pursuant to legal notice to give citizens the opportunity to comment on the City's Annual Grantee Performance Report (GPR) for Program Year 1994, and the City's Annual Performance Report (APR) for Program Years 1993 and 1994, which are the City's annual reports to the U.S. Department of Housing and Urban Development (HUD) concerning activities using Community Development Block Grant (CDBG) Funds, and said reports to be submitted to HUD before December 28, 1995 (final action on this matter under Consent Agenda this evening). DISCUSSION: Director of Community Development briefly reviewed these reports. Mayor Sherwood asked for public comment. There was none. CONSENT AGENDA: Public Hearing adjourned at 7:11 p.m. The City Council reconvened at 7:12 p.m. Alderman Elstner requested that Item 1 be removed from the Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to establish a Consent Agenda except for Item 1. Motion declared carried. ‘P PAGE TWO 195. 12/18/95 AGENDA Moved by Sarlo, seconded by Chiropolos, to approve the (Cont'd.) 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- 64 -95, M- 65 -95. M -66- 95, M -67 -95 and Z -20 -95 are adopted; Ordinance M -10 -95 - AS AMENDED, and Ordinance T -12 -95 are placed on First Reading; and Resolution R -75 -95 and Resolution R -76 -95 are adopted. MINUTES: Moved by Elstner, seconded by Chiropolos, to amend minutes of the City Council meeting held December 4, 1995, to reconsider vote taken on Zoning Case 95- 52 -SU, 1637 Webster Lane (Page Five, Paragraph Four and Page Six, Paragraph One) to NOT concur with recommendations of Des Plaines Plan Commission, Des Plaines Zoning Board of Appeals and Staff, and DENY request for a Special Use Permit to construct a 43 -space paved parking lot on property located at 1637 Webster Lane in R -2 Single Family Residence District. Upon roll call, the vote was: AYES: 5- Beauvais, Elstner, Sarlo, Chiropolos, Arredia NAYS: 3- Christiansen, Higgason, Curley ABSENT: 0 -None Motion declared carried. Moved by Elstner, seconded by Sarlo, to table this matter until the City Council meeting on February 20, 1996. Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Elstner, Sarlo, Chiropolos, Arredia NAYS: 2- Higgason, Curley ABSENT: 0 -None Motion declared carried (further action on this matter under Unfinished Business on February 20, 1996). Moved by Elstner, seconded by Sarlo, to approve minutes of regular meeting of the City Council held December 4, 1995 - AS AMENDED. Motion declared carried. EXECUTIVE Moved by Sarlo, seconded by Chiropolos, to approve SESSION minutes of Executive Session of the City Council held MINUTES: December 4, 1995. Motion declared carried as approved Consent unanimously under Consent Agenda. Agenda STREET NAME Moved by Sarlo, seconded by Chiropolos, to concur with CHANGES & recommendation of Committee of the Whole held December READDRES./ 4, 1995, to amend proposed Ordinance M -10 -95 - AS HIGGINS RD. AMENDED, to read that Maple Road be renamed to Henke ANNEXED Place, Elm Road to Loriss Place and corresponding street AREA: numbers be changed to be in convention with the City's Consent grid system (these changes would affect seven (7) Agenda buildings on Maple Road and one (1) on Elm Road in the recently annexed Old Higgins Road area); these changes Ordinance to go into effect on January 20, 1996 when the new area M - 10 - 95 code changes are scheduled to go into effect; and further AS AMENDED recommend to place on First Reading Ordinance M -10 -95 - AS AMENDED, AN ORDINANCE PROVIDING FOR STREET NAME CHANGES: "MAPLE ROAD" CHANGED TO "HENKE PLACE," "ELM ROAD" CHANGED TO "LORISS PLACE." Motion declared carried as approved unanimously under Consent Agenda. CONSULTANT/ Moved by Sarlo, seconded by Chiropolos, to concur with UPDATE recommendation of Committee of the Whole held December ZONING 4, 1995, to accept proposal from Camiros, Ltd., 411 S. ORDINANCE: Wells Street, Chicago, IL 60607, to update the City's Consent Zoning Ordinance within 12 months, 930 hours to complete, Agenda at a cost of $58,000/1996 Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. (ot PAGE THREE 196. 12/19/95 INTERIM Moved by Sarlo, seconded by Chiropolos, to concur with PARK. LOT Staff recommendation that Title X, Chapter 11 "Parking FINE/ Lots," of the City Code be amended to add a new Section ELLINWOOD: 10 -11 -8, that inasmuch as the new temporary Ellinwood Consent Street Parking Lot shall be reserved for First Bank of Agenda Des Plaines sublessee parking only, effective January 2, 1996, from 7:00 a.m. to 6:00 p.m., Monday through Friday, Ordinance and from 8:00 a.m. to 12:00 p.m. on Saturday, vehicles T - 12 - 95 parked in violation of this section shall be subject to towing, an impoundment fee plus costs, and a $50 fine; and further recommend to place on First Reading Ordinance T- 12 -95, AN ORDINANCE AMENDING CHAPTER 11 "PARKING LOTS," OF TITLE X "TRAFFIC," OF THE CITY CODE OF DES PLAINES TO ADD THERETO A NEW SECTION 10 -11 -8 "ELLINWOOD STREET PARKING LOT." Motion declared carried as approved unanimously under Consent Agenda. TREE Moved by Sarlo, seconded by Chiropolos, to concur with AGREEMENT/ Staff recommendation that Mayor and City Clerk be 1882 MINER: authorized to execute three (3) year agreement with Consent landowner at 1882 Miner Street; inasmuch as the parkway Agenda is four (4) feet or less, the City will select, plant and maintain specified tree(s), and upon the expiration of Resolution the three (3) year period, the tree(s) shall become the R - 75 - 95 sole property of the landowner and he /she shall become solely responsible for its maintenance; and further recommend to adopt Resolution R- 75 -95, A RESOLUTION AUTHORIZING THE EXECUTION OF A THREE YEAR AGREEMENT WITH ADA V. GROJA, FOR THE INSTALLATION OF A PARKWAY TREE AT 1882 MINER STREET, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. TREE Moved by Sarlo, seconded by Chiropolos, to concur with AGREEMENT/ Staff recommendation that Mayor and City Clerk be 1888 MINER: authorized to execute three (3) year agreement with Consent landowner at 1888 Miner Street; inasmuch as the parkway Agenda is four (4) feet or less, the City will select, plant and maintain specified tree(s), and upon the expiration of Resolution the three (3) year period, the tree(s) shall become the R - 76 - 95 sole property of the landowner and he /she shall become solely responsible for its maintenance; and further recommend to adopt Resolution R- 76 -95, A RESOLUTION AUTHORIZING THE EXECUTION OF A THREE YEAR AGREEMENT WITH RONALD AND DEBORAH LASS, FOR THE INSTALLATION OF A PARKWAY TREE AT 1888 MINER STREET, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. CDBG /GRANTEE Moved by Sarlo, seconded by Chiropolos, to concur with PERFORMANCE Staff recommendation to approve City's Annual Grantee REPORT: Performance Report to U.S. Department of Housing and Consent Urban Development (HUD) for Program Year 1994 concerning Agenda activities using Community Development Block Grant Funds; and Mayor be authorized to execute necessary documents and submit this report to HUD before December 28, 1995. Motion declared carried as approved unanimously under Consent Agenda. CDBG /ANNUAL Moved by Sarlo, seconded by Chiropolos, to concur with PERFORMANCE Staff recommendation to approve City's Annual Performance REPORT: Report to U.S. Department of Housing and Urban Consent Development (HUD) for Program Years 1993 and 1994 Agenda concerning the City's progress in meeting the goals outlined in its Comprehensive Housing Affordability Strategy for Program Years 1991 -1995; and Mayor be authorized to execute necessary documents and submit this report to HUD before December 28, 1995. Motion declared carried as approved unanimously under Consent Agenda. PAGE FOUR 197. 12/19/95 PLAT OF Moved by Sarlo, seconded by Chiropolos, to concur with STAUNTON'S recommendation of Des Plaines Plan Commission and Staff RESUBDIV.: to approve final Plat of Subdivision for Staunton's Consent Resubdivision, located at 2222 Eastview Drive; and Mayor Agenda and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ Moved by Sarlo, seconded by Chiropolos, to concur with BLOOD PRES. Staff recommendation to award bid for Four (4) Oscillo MONITORS: Mate 9000 Blood Pressure Monitors, to the lowest bidder, Consent Medical Products, Inc., 11629 W. Dixon Street, Milwaukee, Agenda WI 53214, in the total bid amount of $7,800/1996 Budgeted Funds. Motion declared carried as approved unanimiously under Consent Agenda. 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 Two (2) New 1996 Heavy Duty Dump Agenda Trucks with Central Hydraulic Systems Front Mounted Snow Plows and Salt Spreaders, returnable by 3:00 p.m., Friday, January 19, 1996. 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 Six (6) New 1996 One -Ton Heavy Duty Four Wheel Drive Dump Trucks with Front Mounted 8.5' Power Reversible Snow Plows, returnable by 3:00 p.m., Friday, January 19, 1996. Motion declared carried as approved unanimously under Consent Agenda. REAPPOINT./ Moved by Sarlo, seconded by Chiropolos, to approve APPOINTMENT: Mayoral reappointment of Karina Danner - Koptik to the DES Consent PLAINES YOUTH COMMISSION, term to expire December 1, Agenda 1998. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to consider Mayoral appointment of Reverend Mrs. Virginia Ericson, Associate Pastor of Christ Church, as Fire - Police Chaplain, replacing retiring Pastor James W. Jackson of Christ Church. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to consider Mayoral appointment of John M. Ciborowski, to the DES PLAINES LIBRARY BOARD, replacing Michael Schnell. Motion declared carried as approved unanimously under Consent Agenda (final action on this matter under Consent Agenda on January 2, 1996). ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt M -64 -95 Ordinance M- 64 -95, ABATEMENT OF 1995 TAX LEVY FOR GENERAL ABATE 1990 OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1990. Motion GO BONDS: declared carried as approved unanimously under Consent Consent Agenda. Agenda ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt M -65 -95 Ordinance M- 65 -95, ABATEMENT OF 1995 TAX LEVY FOR 1991 ABATE 1991 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion GO BONDS: declared carried as approved unanimously under Consent Consent Agenda. Agenda ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt M -66 -95 Ordinance M- 66 -95, ABATEMENT OF 1995 TAX LEVY FOR GENERAL ABATE 1993 OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1993. Motion GO BONDS: declared carried as approved unanimously under Consent Consent Agenda. Agenda PAGE FIVE 198. 12/18/95 ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt M -67 -95 Ordinance M- 66 -95, ABATEMENT OF 1995 TAX LEVY FOR GENERAL ABATE 1994A OBLIGATION PURPOSE BONDS SERIES 1994A - 1994B. Motion & 1994B GO declared carried as approved unanimously under Consent BONDS: Agenda. Consent Agenda ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt Z -20 -95 Ordinance Z- 20 -95, AN ORDINANCE GRANTING A VARIATION TO VARIATION/ SECTION 503.1.1 OF THE DES PLAINES BUILDING CODE, TO 655 JARLATH: PERMIT WOOD SIDING INSTEAD OF FACE BRICK FOR THE BUILDING Consent AT 655 JARLATH. Motion declared carried as approved Agenda unanimously under Consent Agenda. APPOINTMENT/ Moved by Higgason, seconded by Christiansen, to waive two FIRE - POLICE week waiting period and approve Mayoral appointment of CHAPLAIN: Reverend Mrs. Virginia Ericson, Associate Pastor of Christ Church as Fire - Police Chaplain. 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 CLAIMS Moved by Sarlo, seconded by Higgason, to concur with SETTLEMENT Staff recommendation and recommend to the City Council AUTHORITY: that Title I, Chapter 8 - Composition and Obligations of Legal Department, of the City Code, be amended to add a new Section 1 -8 -6 - Claim Settlement Authority, giving the City Attorney settlement authority from $0.00 to $5,000 (this is simply a housekeeping amendment of our current practice which is not reflected anywhere in the City Code); and further recommend that Ordinance M -63 -95 be placed on First Reading at appropriate time. Motion declared carried (further action on this matter under Consent Agenda on January 2, 1996). COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair PETITION FOR Moved by Chiropolos, seconded by Elstner, to concur with ANNEXATION/ Staff recommendation and recommend to the City Council 101 GREGORY: that petition for annexation of property located at 101 E. Gregory Street be denied. Motion declared carried. Alderman Beauvais voted no. (final action on this matter under Unfinished Business on January 2, 1996) ZONING CASE Moved by Chiropolos, seconded by Elstner, to concur with 95 -61 -PUD Staff recommendation and recommend to the City Council RIVER to grant request for a Planned Unit Development (PUD) to POINTE: permit the construction of two (2) eight- story, 78 units each, multi - family residential buildings on triangle property bounded by River Road, Miner Street and Pearson Street with the following required variations: 1. Variation to Section 8.2.7.3 (Space Between Buildings) to permit a distance of 50.25' between buildings instead of required 80'; 2. Variation to Section 8.2.7.4 (Yards) to permit 15' yards along Pearson Street and River Road and an 8' yard between proposed Lot 1 and 2; 3. Variation to Section 4.4.4.1 (Multiple Dwelling Units) to permit dwelling units below the third floor and to permit a structure that has 100% dwelling unit floor area; 4. Variation to Section 4.2.2.44 (Residential Uses) to permit a residential use in a C -2 General Commercial District; PAGE SIX 199. 12/18/95 ZONING CASE 5. Variation to Section 4.4.4.2 (Minimum Lot Area) to 95 61 - PUD permit a lot area of 123,445 sq. ft. instead of the (Cont'd.) required 253,200 sq. ft.; and final Plat of Subdivision be approved but not recorded until petitioner closes on all privately owned parcels located within the development site; and all be contingent upon final sale of Riverwoods Auto Center parcel located at 1597 Miner Street. Motion declared carried. VARIATION/ Director of Community Development D'Onofrio stated that TRAILSIDE what is being considered this evening are the following SUBDIVISION: two (2) variations only: 1. A Variation to Section 9- 12 -7(L) (Right -of -Way Widths) to .permit a street with a 33' right -of -way instead of the required minimum of 66', and 2. A Variation to Section 9- 12 -7(R) (Lot Depth) to permit lot depths of as little as 96.24' instead of the required minimum of 125'. If these variations are approved, this matter would go back to the Des Plaines Plan Commission for final Plat approval and then back to the City Council for their approval. Attorneys for the petitioner, Jeff Randall and Louis Capozzoli, addressed the City Council and stated that they made a good faith offer to the owner for purchase of the adjacent property for additional land in order to have a 66' right -of -way, but the property owner wants more money than the market value warranted. Alderman Beauvais read a list of real estate broker appraisals she obtained for like- properties; Mr. Randall stated that real estate broker appraisals were not as conclusive as those done by a M.A.I. Mrs. Barbara McAllister, 475 Trailside Lane, addressed the City Council in opposition to this request and questioned, }ow the City can use Trailside Lane when 760' on the 172eg end is a private road; is the City going to condemn this street? City Attorney Wiltse requested time to research the City's legal position in this matter. Moved by Elstner, seconded by Christiansen, to table this matter until the next meeting of the City Council on January 2, 1996. Motion declared carried. PUBLIC WORKS - Alderman Elstner, Chair AMENDMENT/ Moved by Arredia, seconded by Chiropolos, to concur with PURCHASE Staff recommendation and recommend to the City Council AGREEMENT that the proceeds from the sale of West School (after WEST SCHOOL: deducting the City's costs in effecting the sale), be remitted to School District 62 immediately upon closure inasmuch as the proceeds will ultimately revert to the District; an earlier amendment (September 19, 1994) specified that the School District would receive one -half the net proceeds of the sale, with the City retaining the remainder in a special account earmarked for participation in the District's "vision projects." Motion declared carried (final action on this matter under Consent Agenda on January 2, 1996). ENGINEERING - Alderman Chiropolos, Chair REVISED 1996 Moved by Beauvais, seconded by Sarlo, to concur with 2000 CIP: Staff recommendation and recommend to the City Council approval of the revised 1996 - 2000 Capital Improvement Program revenue sheets and further recommend approval of revised summary of projects proposed for 1996 which now totals $6,372,250. Motion declared carried. UTILITY TAX INCREASE: 200. 12/18/95 PAGE SEVEN CHANGE ORDER/ City Manager Douthwaite advised the City Council that CITY HALL inasmuch as there are no vacant offices on the 6th Floor REMODELING: of City Hall to accommodate the new Assistant to the City Manager, it is his recommendation that the Legal Department be relocated to the 4th Floor so that the new Assistant would be near the available secretarial/ receptionist support, as well as near the City Manager's office; and the most cost - effective approach is to attach this work to the existing contract for remodeling of City Hall. Alderman Arredia questioned whether there wouldn't be an on -going need to consult with the City Attorney by those on the 6th Floor. Alderman Elstner stated that he is in favor of keeping the City Attorney on the 6th Floor. Alderman Sarlo stated that the City Council should not micromanage; if the Mayor and City Manager are satisfied with having the City Attorney on the 4th Floor, then that is where he should be. Mayor Sherwood stated his support of the City Attorney moving to the 4th Floor. Alderman Christiansen said he would vote against this move. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council in support of this move; large corporations have offices all over the world; it is not too difficult to go up or down two floors; making a big deal out of nothing; wasting time. Alderman Curley stated his support of this move. Alderman Chiropolos stated that he agrees with Alderman Sarlo. City Manager Douthwaite stated that they wouldn't normally come to the City Council regarding this matter because the cost is under $5,000, but because a change order is required to the existing remodeling contract for City Hall, it is necessary to have the City Council's approval. Moved by Sarlo, seconded by Curley, to concur with Staff recommendation and recommend to the City Council to approve Change Order #1 to City Hall Remodeling contract with American Star Construction Co., Inc., 9448 N. LeClaire Avenue, Skokie, IL 60077, to remodel Room 401 on the 4th Floor of City Hall to accommodate the Legal Department, in the total amount of $2,200/1996 City Manager Department Budget. Upon roll call, the vote was: AYES: 4- Higgason, Curley, Sarlo, Chiropolos NAYS: 3- Christiansen, Elstner, Arredia ABSENT: 1- Beauvais Motion declared carried. FINANCE & ADMINISTRATION - Alderman Christiansen, Chair Moved by Curley, seconded by Sarlo, to amend the proposed ordinance that would increase the City's current Utility Tax on electricity and natural gas from 1% to 3 %, effective for billing after January 1, 1996, to add that 66.6% of the revenues received from the electric utilty tax be deposited into the City's General Improvement Fund. Motion declared carried. Alderman Christiansen voted no. Moved by Sarlo, seconded by Beauvais, to recommend to the City Council approval of the amended proposed ordinance UTILITY TAX (Cont'd.) REVISED 1996- 2000 CIP: PAGE EIGHT 201. 12/18/95 that would increase the City's current Utility Tax on electricity and natural gas from 1% to 3 %, effective for billing after January 1, 1996, and 66.6% of the revenues received from the electric utility tax be deposited into the City's General Improvement Fund; and further recommend that Ordinance M -69 -95 be adopted at appropriate time this evening. Motion declared carried. Alderman Christiansen voted no. WARRANT Moved by Curley, seconded by Sarlo, to concur with Staff REGISTER: recommendation and recommend to the City Council approval of December 18, 1995 Warrant Register in the amount of $2,065,606.26; and Resolution R -77 -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. LEGAL Moved by Beauvais, seconded by Elstner, to concur with ASSISTANCE/ recommendation of Committee of the Whole held December HIGGINS RD. 4, 1995, that City offer to assist property owners, ANNEXED subject to their cooperation, in the recently annexed Old AREA: Higgins Road area affected by Ordinance M -10 -95 - AS AMENDED, which changes their street name and addresses, with legal advice re procedure and paperwork necessitated by these changes, i.e. land trusts; and any financial cost incurred, i.e. filing fees, to be borne by the property owner. Motion declared carried. ORDINANCE Moved by Christiansen, seconded by Sarlo, to adopt M - 68 - 95 Ordinance M -68 -95 - AS AMENDED, AN ORDINANCE LEVYING 1995 TAX TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS LEVY: FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1995 AND ENDING DECEMBER 31, 1995. Moved by Chiropolos, seconded by Sarlo, to amend Ordinance M -68 -95 - AS AMENDED, to increase the tax levy total by $95,000 in order to restore the deleted additional Forestry Maintenance Operator and computerized "Tree Manager" inventory and management system in the Public Works Department's Forestry Division. 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. Upon roll call on the original motion, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 1- Chiropolos ABSENT: 0 -None Motion declared carried. Moved by Chiropolos, seconded by Beauvais, to concur with recommendation of Committee of the Whole to approve revised 1996 - 2000 Capital Improvement Program revenue sheets and further recommend approval of revised summary of projects proposed for 1996 which now totals $6,372,250. 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 NINE 202. 12/18/95 CHANGE ORDER/ Moved by Chiropolos, seconded by Sarlo, to concur with CITY HALL recommendation of Committee of the Whole to approve REMODELING: Change Order #1 to City Hall Remodeling contract with American Star Construction Co., Inc., 9448 N. LeClaire Avenue, Skokie, IL 60077, to remodel Room 401 on the 4th Floor of City Hall to accommodate the relocated Legal Department, in the total amount of $2,200/1996 City Manager Department Budget. Upon roll call, the vote was: AYES: 5- Beauvais, Higgason, Curley, Sarlo, Chiropolos NAYS: 3- Christiansen, Elstner, Arredia ABSENT: 0 -None Motion declared carried. WARRANT Moved by Christiansen, seconded by Sarlo, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R- 77 -95, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R - 77 - 95 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,065,606.22. 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. UTILITY TAX Moved by Beauvais, seconded by Sarlo, to concur with INCREASE: recommendation of Committee of the Whole to approve amended proposed ordinance that would increase the City's Ordinance current Utility Tax on electricity and natural gas from M - 69 - 95 1% to 3 %, effective for billing after January 1, 1996; AS AMENDED 66.6% of the revenues received from the electric utility tax be deposited into the City's General Improvement Fund; and place on First Reading Ordinance M -69 -95 - AS AMENDED. Motion declared carried. Alderman Christiansen voted no. Moved by Beauvais, seconded by Elstner, to advance to Second Reading and adopt Ordinance M -69 -95 - AS AMENDED, AN ORDINANCE AMENDING CHAPTER 40 OF TITLE V "BUSINESS REGULATIONS" OF THE CITY CODE OF DES PLAINES. Upon roll call, the vote was: AYES: 6- Beauvais, Elstner, Curley, Sarlo, Chiropolos, Arredia NAYS: 2- Christiansen, Higgason ABSENT: 0 -None Motion declared carried. ZONING CASE Moved by Sarlo, seconded by Beauvais, to concur with 95 - 61 - PUD recommendation of Committee of the Whole to grant request RIVER for a Planned Unit Development (PUD) to permit the POINTE: construction of two (2) eight- story, 78 units each, multi-family residential buildings on triangle property bounded by River Road, Miner Street and Pearson Street with the following required variations: 1. Variation to Section 8.2.7.3 (Space Between Buildings) to permit a distance of 50.25' between buildings instead of required 80'; 2. Variation to Section 8.2.7.4 (Yards) to permit 15' yards along Pearson Street and River Road and an 8' yard between proposed Lot 1 and 2; 3. Variation to Section 4.4.4.1 (Multiple Dwelling Units) to permit dwelling units below the third floor and to permit a structure that has 100% dwelling unit floor area; 4. Variation to Section 4.2.2.44 (Residential Uses) to permit a residential use in a C -2 General Commercial District; 5. Variation to Section 4.4.4.2 (Minimum Lot Area) to permit a lot area of 123,445 sq. ft. instead of the required 253,200 sq. ft.; and vtk 1 1 1 APPROVED BY ME THIS 3 DAY O �. 199 6 ed Sherwood, MAYOR PAGE TEN 203. 12/18/95 RIVER final Plat of Subdivision be approved but not recorded POINTE until petitioner closes on all privately owned parcels (Cont'd.) located within the development site; and all be contingent upon final sale of Riverwoods Auto Center parcel located at 1597 Miner Street; and further recommend to place on First Reading ordinance to be prepared by the City Attorney. Motion declared carried (final action on this matter under Consent Agenda on January 2, 1996). SINGLE BID/ Moved by Sarlo, seconded by Chiropolos, to authorize City POLICE Clerk to open single bid received on December 8, 1995, MOTORCYCLE: for purchase of One (1) 1996 Police Motorcycle. Motion declared carried. City Clerk announced that single bid was received from Chicago Harley- Davidson, 6868 N. Western Avenue, Chicago, IL 60645, to provide One (1) 1996 Harley- Davidson FLHPI Motorcycle, for the total bid price of $11,018.40. Mayor Sherwood referred bid to Staff for review and future report. PETITIONS/ Mayor Sherwood referred petitions received by the City BENNETT Clerk's Office on December 12, 1995, requesting either PLACE: "Residential Parking Only" or "Permit Parking Only" for residents on Bennett Place, to Staff for review and report back to the City Council. EXECUTIVE Moved by Sarlo, seconded by Beauvais, to go into SESSION: Executive Session to discuss acquisition of property - pending litigation. Upon roll call, the vote was: AYES: 7- Beauvais, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 1- Christiansen ABSENT: 0 -None Motion declared carried. Council recessed at 9:34 p.m. Council reconvened at 9:48 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. ACOUISITION Moved by Beauvais, seconded by Christiansen, to concur OF PROP. - with consensus in Executive Session that Mayor be PEND. LIT.: authorized to proceed as directed in Executive Session regarding acquistion of real property - pending litigation. Motion declared carried. ADJOURNMENT: Moved by Elstner, seconded by Sarlo, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:49 p.m. w l ac Donna McAllister, CMC /AAE - CITY CLERK