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01/02/1996204. 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, TUESDAY, JANUARY 2, 1996 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 Tuesday, January 2, 1996. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia. Alderman Chiropolos was absent. Alderman Beauvais left the meeting at 8:25 p.m. 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 City Attorney Wiltse. PRAYER AND The opening prayer was given by City Clerk McAllister, PLEDGE: followed by the Pledge of Allegiance to the Flag. HOLIDAY HOME Alderman Elstner explained that the Holiday Home Contest CONTEST was sponsored by the Des Plaines Area Jaycees, Keep Des AWARDS: Plaines Beautiful, and The Journal & Topics Newspapers, in association with the City Council; the contest was for the best overall decorated home in each Ward. Alderman Elstner introduced Thom Kime - Des Plaines Area Jaycees and Pamela Rosinia - Keep Des Plaines Beautiful, who presented the following awards: WARD 1 - Rick and Cindy Villareal, 597 S. D.P. /River Road. WARD 2 - John Kramer and Karen Harvey, 1396 Wicke Avenue WARD 3 - Mr. and Mrs. Ritz, 1122 Alfini Drive WARD 4 - Pat and Art Lukowicz, 445 W. Millers Road WARD 5 - Marianne Thvedt, 2240 Sprucewood Avenue WARD 6 - Leo Popiel, 1881 Northshore Avenue WARD 7 - Bob and Karen Blain, 318 S. Westgate Road WARD 8 - Wells C. Newhall, 923 Clark Lane BEST OVERALL - Pat and Art Lukowicz, 445 W. Millers Rd. CONSENT Alderman Christiansen requested that Items 6 and 6a be AGENDA: removed from the Consent Agenda, and Alderman Curley requested that Item 15 be removed. Moved by Sarlo, seconded by Arredia, to establish a Consent Agenda except for Items 6, 6a and 15. Motion declared carried. Moved by Sarlo, seconded by Beauvais, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. The minutes are approved. The Staff recommendations and requests are approved; Ordinances M -10 -95 - AS AMENDED, T -12 -95 and Z -1 -96 are adopted; Ordinances M -63 -95 and Z -2 -96 are placed on First Reading; and Resolution R -1 -96 is adopted. MINUTES: Moved by Sarlo, seconded by Beauvais, to approve minutes Consent of regular meeting of the City Council held December 18, Agenda 1995, as published. Motion declared carried as approved unanimously under Consent Agenda. MINUTES (Cont'd.) PURCHASE OF DES PLAINES MALL: Consent Agenda CLAIM SETTLEMENT AUTHORITY: Consent Agenda Ordinance M -63 -95 PROCEEDS FROM SALE OF WEST SCHOOL: Consent Agenda ASSISTANT TO THE CITY MANAGER: Ordinance M -1 -96 ZONING CASE 95 -65 -V 2300 DEVON: Consent Agenda Ordinance Z -2 -96 PAGE TWO 205. 1/2/96 Moved by Sarlo, seconded by Beauvais, to approve minutes of Executive Session of the City Council held December 18, 1995. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to concur with Staff recommendation to accept for the record the Agreed Judgment Order entered by Circuit Court Judge John Ward which sets forth the terms and conditions of the City's acquisition of the Des Plaines Mall on December 8, 1995 for the purchase amount of $2.7 million (City to take ownership on January 4, 1996), which was authorized by Ordinance M- 76 -94, calling for the condemnation of the Des Plaines Mall. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to concur with recommendation of the Committee of the Whole held December 18, 1995, 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 City's current practice which is not reflected anywhere in the City Code); and further recommend to place on First Reading Ordinance M- 63 -95, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," CHAPTER 8 "COMPOSITION AND OBLIGATIONS OF LEGAL DEPARTMENT," OF THE CITY CODE OF DES PLAINES TO ADD THERETO A NEW SECTION 1 -8 -6 "CLAIM SETTLEMENT AUTHORITY." Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to concur with recommendation of Committee of the Whole held December 18, 1995, that the proceeds from the sale of West School (after 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 as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Higgason, to concur with Staff recommendation and approve position classification and job description for Assistant to the City Manager with a salary range , of $33,225 to $44,951; and further recommend to place on First Reading Ordinance M -1 -96, AN ORDINANCE AMENDING SCHEDULE IV OF SECTION 1- 15 -4(A) OF THE CITY CODE OF DES PLAINES, PERTAINING TO THE CITY'S POSITION CLASSIFICATION AND COMPENSATION PLAN, TO INCLUDE A SALARY RANGE FOR THE POSITION OF "ASSISTANT TO THE CITY MANAGER." Upon roll call, the vote was: AYES: 6- Beauvais, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 1- Christiansen ABSENT: 1- Chiropolos Motion declared carried (final action on this matter under Unfinished Business on January 15, 1996). Moved by Sarlo, seconded by Beauvais, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff re Case 95 -65 -V, to permit installation of a 40' high non - commercial broadcast antenna tower on top of an existing 56' high building resulting in an overall height of 96' (maximum permitted height is 35') in C -1 Commercial District on property located at 2300 E. Devon Avenue; and further recommend to place on First Reading Ordinance Z -2 -96, AN ORDINANCE GRANTING A VARIATION TO SECTIONS 10.9.1 AND 4.1.4 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A 40 FOOT vk. PAGE THREE 206. 1/2/96 2300 DEVON HIGH NON - COMMERCIAL BROADCAST ANTENNA TOWER ON THE (Cont'd.) PROPERTY COMMONLY KNOWN AS 2300 EAST DEVON AVENUE (CASE NO. 95- 65 -V). Motion declared carried as approved unanimously under Consent Agenda. PUB. IMPRV./ Moved by Sarlo, seconded by Beauvais, to concur with KOMPERDA Staff recommendation to accept installation of driveways, SUBDIVISION: water services, culverts, drainage swale grading and Consent parkway restoration public improvements for Komperda Agenda Subdivision, 2255 and 2259 Elmira Avenue, and release public improvement surety in the amount of $19,345.70 and Resolution $600 cash guarantee ($990.50 cash warranty to be held for R - - 96 18 months); and further recommend to adopt Resolution R- 1-96, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS IN THE KOMPERDA'S SUBDIVISION, 2255 -2259 ELMIRA AVENUE. Motion declared carried as approved unanimously under Consent Agenda. PURCHASE OF Moved by Sarlo, seconded by Beauvais, to concur with VEHICLES/ Staff recommendation to authorize purchase through State FIRE DEPT.: of Illinois Net Bid Program of three (3) 1996 Oldsmobile Consent Ciera SL Sedans, at $13, each and one (1) Service Agenda Manual at a cost of $150, from Crown Oldsmobile, Box 3370, Decatur, IL 62524, for the total amount of $40,041.06; and one (1) 1996 Jeep Cherokee at a cost of $18,251 and one (1) Service Manual at a cost of $100, from Liberty Buick, 1000 E. Park Avenue, Libertyville, IL 60048, for the total amount of $18,351; all from 1996 City Capital Equipment Funds (CERF). Motion declared carried as approved unanimously under Consent Agenda. ADVERTISE Moved by Sarlo, seconded by Beauvais, to concur with FOR BIDS: Staff recommendation that City Clerk be authorized to Consent advertise for bids for Rehabilitation of Weller Creek Agenda Retaining Wall, returnable by 3 :00 p.m., Friday, January 26, 1996. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) Sidewalk Maintenance Tractor with Attachments, returnable by 3:00 p.m., Friday, January 26, 1996. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) New 1996 Trailer Mounted Stump Cutter, returnable by 3:00 p.m., Friday, February 2, 1996. Motion declared carried as approved unanimously under Consent Agenda. APPOINTMENT: Moved by Sarlo, seconded by Beauvais, to approve Mayoral Consent appointment of John M. Ciborowski to the DES PLAINES Agenda LIBRARY BOARD, term to expire. June 30, 1998. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Sarlo, seconded by Beauvais, to adopt Ordinance M - 10 - 95 - M -10 -95 - AS AMENDED, AN ORDINANCE PROVIDING FOR STREET AMENDED/ NAME CHANGES: "MAPLE ROAD" CHANGED TO "HENKE PLACE," "ELM STREET NAME ROAD" CHANGED TO "LORISS PLACE." Motion declared carried CHANGES: as approved unanimously under Consent Agenda. Consent Agenda ORDINANCE Moved by Curley, seconded by Sarlo, to adopt Ordinance M - 59 - 95 M- 59 -95, AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ACOUISITION AGREEMENT TO PURCHASE REAL ESTATE LOCATED AT 1596 MINER OF 1596 STREET FOR THE CITY OF DES PLAINES, ILLINOIS, MINER: REDEVELOPMENT PLAN AND AMENDED TAX INCREMENT REDEVELOPMENT PROJECT AREA. Upon roll call, the vote was: qtA M -59 -95 (Cont'd.) ORDINANCE T -12 -95 INTERIM PARK. LOT FINE/ ELLINWOOD: Consent Agenda ORDINANCE Z -1 -96 PUD VARIA. & PLAT /RIVER POINTE: Consent Agenda VARIATION/ TRAILSIDE SUBDIVISION: TABLED MATTER PAGE FOUR COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair 207. 1/2/96 AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. Moved by Sarlo, seconded by Beauvais, to adopt 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. Moved by Sarlo, seconded by Beauvais, to adopt Ordinance Z -1 -96, AN ORDINANCE GRANTING FINAL APPROVAL FOR A PLANNED UNIT DEVELOPMENT TO PERMIT THE CONSTRUCTION OF TWO (2) EIGHT -STORY MULTI- FAMILY RESIDENTIAL BUILDINGS, (78 UNITS EACH) AT THE TRIANGLE OF LAND BOUNDED BY PEARSON STREET, RIVER ROAD AND MINER STREET (CASE NO. 95- 61 -PUD). 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 Moved by Sarlo, seconded by Curley, to take from the table the matter of request for Variations from the Subdivision Regulations for Trailside Subdivision, located 990° north of Ballard Road at the northern end of Trailside Lane, tabled to this date on December 18, 1995. Motion declared carried. City Attorney Wiltse reviewed his memo of December 29, 1995, which detailed his research as to whether Trailside Lane could be considered a public street. While he cautioned that this issue is not clear cut, it is his opinion that the dedication of the northern part of Trailside Lane, together with the side street known as Woods Road, on May 4, 1959, and its continual use by other citizens as well as the maintenance by the City of said road without objection by the residents, does make this a public roadway. It is his recommendation that Trailside Lane be used for emergency vehicles only and so posted. Alderman Beauvais questioned if this indeed would be enforced since the road leading into Bay Colony complex was suppose to be for emergency vehicles only and that restriction has not been adhered to. Alderman Sarlo stated that restricted use of Trailside Lane would be in the ordinance. He also stated that the use of Trailside Lane is not before the City Council this evening, but only the following two (2) variations: 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 have to go back to the Des Plaines Plan Commission for final Plat approval and then back to the City Council for their approval. PAGE FIVE 208. 1/2/96 TRAILSIDE Attorney Charles Braun, who represents Barbara McAllister (Cont'd.) and Richard Redella, 475 Trailside Lane, addressed the City Council questioning what the impact of these 18 new homes would have on this area, especially Trailside Lane; needs impact study; who is going to control /monitor the traffic on Trailside Lane; do not destroy this rural environment. Ms. Virginia Willis, 340 Bellaire Avenue, addressed the City Council in suppport of these variations. Mr. Gil Kusibab, 504 Bellaire Avenue, addressed the City Council asking where the traffic is going to go; can the area handle additional water and traffic. Alderman Arredia questioned whether the City can legally use Trailside Lane by right of prescription. Attorney Braun stated that he feels the City does not have that right and what should be considered is the character of the area, that only five owners use the street. Mr. Rick Redella, 475 Trailside Lane, addressed the City Council stating that he does not appreciate the way he has been treated by the petitioner at the various meetings that have been held regarding this matter; very condesending; very belligerent; the road was never an issue in the past, now it appears to be an issue. Ms. Martha Nelson, 404 Bellaire Avenue, addressed the City Council questioning why a 33' right -of -way is acceptable now when before a 66' right -of -way was required; this is nothing but a subtle condemnation of their property. Mrs. Barbara McAllister, 475 Trailside Lane, addressed the City Council stating that this matter has been going on for a long time; she has gone to many meetings; this project is too dense for this area; concerned about where the water will go; flooding; she has been put off by the petitioner; this project is not right. Ms. Pam Warford, 2530 Church Street, addressed the City Council in opposition to these variations, especially the right -of -way variation; Church Street is not wide enough now. Alderman Arredia read a statement from Alderman Beauvais (alderman of the First Ward), who had to leave the meeting due to illness, indicating her opposition to these variations. Ms. Barbara Osvath, 465 Bellaire Avenue, addressed the City Council stating that no one obeys the stop signs or speed limits in that area now; we are in a flood zone now; should not build these homes. Attorney Louis Capozzoli, representing the petitioner, addressed the City Council stating that Trailside Lane would be for emergency use only; his client has to go back to the Plan Commission and submit engineering plans; lets move ahead to see if this development can work. Ms. Diane Miner, 403 Woods Road, addressed the City Council stating that the City does not maintain Trailside Lane; they have done their own maintenance; Police do not come down to help them; this developer is not even a Des Plaines resident; they want more homes for more money. Moved by Arredia, seconded by Curley, to recommend to the City Council that request for Variation from Subdivision Regulations, Section 9- 12 -7(L) (Right -of -Way Widths), v \k BID REVIEW/ FIRE PUMPER: PAGE SIX 209. 1/2/96 TRAILSIDE to permit a street with a 33' right -of -way instead of the (Cont'd.) required minimum of 66' for Trailside Subdivision, located 990' north of Ballard Road at the northern end of Trailside Lane, be denied. Upon roll call, the vote was: AYES: 2- Curley, Arredia NAYS: 4- Christiansen, Elstner, Higgason, Sarlo ABSENT: 2- Beauvais, Chiropolos Motion declared failed. Moved by Arredia, seconded by Curley, to recommend to the City Council that request for Variation from Subdivision Regulations, Section 9- 12 -7(R) (Lot Depth), to permit lot depths of as little as 96.24' instead of the required minimum of 125' for Trailside Subdivision, located 990' north of Ballard road at the northern end of Trailside Lane, be DENIED. Upon roll call, the vote was: AYES: 4- Christiansen, Curley, Arredia, Sherwood NAYS: 3- Elstner, Higgason, Sarlo, ABSENT: 2- Beauvais, Chiropolos Motion declared carried (final action on this matter under Unfinished Business on January 15, 1996). Moved by Higgason, seconded by Elstner, to recommend to the City Council that request for Variation from Subdivision Regulations, 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' for Trailside Subdivision, located 990' north of Ballard Road at the northern end of Trailside Lane, be GRANTED. Upon roll call, the vote was: AYES: 4- Christiansen, Elstner, Higgason, Sarlo NAYS: 2- Curley, Arredia ABSENT: 2- Beauvais, Chiropolos Motion declared carried (final action on this matter under Unfinished Business on January 15, 1996). FINANCE & ADMINISTRATION - Alderman Christiansen, Chair WARRANT Moved by Sarlo, seconded by Elstner, to concur with Staff REGISTER: recommendation and recommend to the City Council approval of January 2, 1996 . Warrant Register in the amount of $2,280,984.19; and Resolution R -2 -96 be adopted at appropriate time this evening. Motion declared carried. MANAGEMENT/ Moved by Sarlo, seconded by Arredia, to concur with Staff DES PLAINES recommendation and recommend to the City Council to MALL: accept proposal from REO Consulting Group, 605 Dempster Street, Evanston, IL 60201, to manage and operate the Des Plaines Mall, 700 Pearson Street, effective January 4, 1996, for the annual fee of $96,000 (includes salaries for manager and other employees), which would be reduced as tenant load decreased. Motion declared carried. Alderman Christiansen abstained (conflict of interest). PUBLIC SAFETY - Alderman Higgason, Chair Moved by Elstner, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council to award bid for purchase of One (1) 1500 GPM Triple Combination Fire Engine /Pumper to the lowest bidder to meet specific requirements, Mid America Truck & Equipment Co., Inc., 7128 Barry Street, Rosemont, IL 60018, in the total amount of $258,524 (which includes discount of $7,200 for $100,000 deposit incentive). Motion declared carried. Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. 1 1 1 BID AWARD/ FIRE PUMPER: APPROVED BY ME THIS I' Ted Sherwood, MAYOR PAGE SEVEN 210. 1/2/96 PETITION FOR Moved by Sarlo, seconded by Higgason, to concur with ANNEXATION/ recommendation of Committee of the Whole held December 101 GREGORY: 18, 1995, that petition for annexation of property located at 101 E. Gregory Street be denied. Motion declared carried. WARRANT Moved by Christiansen, seconded by Sarlo, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R -2 -96, BE IT RESOLVED BY THE CITY COUNCIL OF Resolution THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE R -2 -96 AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,280,984.19. Upon roll call, the vote was: AYES: 6- Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 2- Beauvais, Chiropolos Motion declared carried. MANAGEMENT/ Moved by Sarlo, seconded by Elstner, to concur with DES PLAINES recommendation of Committee of the Whole to accept MALL: proposal from REO Consulting Group, 605 Dempster Street, Evanston, IL 60201, to manage and operate the Des Plaines Mall, 700 Pearson Street, effective January 4, 1996, for the annual fee of $96,000 (includes salaries for manager and other employees), which would be reduced as tenant load decreased. Upon roll call, the vote was: AYES: 5- Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 2- Beauvais, Chiropolos ABSTAIN:1- Christiansen (conflict of interest) Motion declared carried. Moved by Higgason, seconded by Elstner, to concur with recommendation of Committee of the Whole to award bid for purchase of One (1) 1500 GPM Triple Combination Fire Engine /Pumper to the lowest bidder to meet specific requirements, Mid America Truck & Equipment Co., Inc., 7128 Barry Street, Rosemont, IL 60018, in the total amount of $258,524 (which includes discount of $7,200 for $100,000 deposit incentive). Upon roll call, the vote was: AYES: 6- Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 2- Beauvais, Chiropolos 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 9:53 p.m. Donna McAllister, CMC /AAE - CITY CLERK