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02/20/1996PRAYER AND PLEDGE: PRESENTATION: CONSENT AGENDA: MINUTES: Consent Agenda CHANGE ORDER #1 AND FINAL/ ELLINWOOD PARK. LOT: Consent Agenda 234. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DEB PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DEB PLAINES CIVIC CENTER, TUESDAY, FEBRUARY 20, 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, February 20, 1996. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sarlo, Chiropolos, Arredia. Aldermen Higgason and Curley were absent. 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 Administrative Assistant Tozzo, Community Development Director D °Onofrio, City Engineer Oakley, Human Resources and Services Director Merriman, and City Attorney Wiltse. The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Police Chief Sturlini introduced Larry Gillie, President of the Des Plaines Chamber of Commerce, Pat Ornberg, Executive Director of the Des Plaines Chamber of Commerce, and Police DARE Officer Terrazzino, who presented trophies to the winners of the 5th Annual Safety Calendar Contest and those who received honorable mentions; 12 students, Grades K -6, received first place awards, and seven students, Grades 1 -6, received honorable mentions. This annual contest is held in conjunction with the Des Plaines Chamber of Commerce and the Des Plaines Police Department. Resident Jack Flynn, 1271 Fargo Avenue, requested that Item 3 and 3a be removed from the Consent Agenda. Alderman Christiansen requested that Item 5 be removed. Moved by Sarlo, seconded by Chiropolos, to establish a Consent Agenda except for Items 3, 3a, and 5. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 5- Christiansen, Elstner, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 3- Beauvais, Higgason, Curley Motion declared carried. The minutes are approved. The Staff recommendations and requests are approved; and Resolution R -18 -96 is adopted. Moved by Sarlo, seconded by Chiropolos, to approve minutes of regular meeting of the City Council held February 5, 1996, as published. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole held February 5, 1996, to approve Change Order #1 and Final to contract with J. A. Johnson Paving Company, 1025 E. Addison Court, Arlington Heights, IL 60005, for construction of Ellinwood Street Temporary Parking Lot (approved on October 26, 1995); in the amount of $2,852.70/1993 General Obligation Bonds, to replace unstable sub -grade soils and provide proper drainage (final contract amount $178,108.70). Motion declared carried as approved unanimously under Consent Agenda. PAGE TWO 235. 2/20/96 SALE OF Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City CITY - OWNED Council questioning who determines that a piece of PROPERTY/ property is no longer necessary, appropriate, useful to, 6J9 6&t N. profitable to, or for the best interests of the City; and PEARSON: isn't this the property the City just paid $450,000 for? After further discussion, it was determined that Mr. Ordinance Flynn was referring to the wrong property. The property M - - 96 in question, §5ri N. Pearson Street, was originally purchased for 26,100 and that is what the City is selling it for. 63q 439 Moved by Beauvais, seconded by Sarlo to concur with Staff recommendation and authorize t e sale of City -owned property commonly known as N. Pearson Street (southwest quadrant of Pearson and River Roads), to River Development, LLC, for the amount of $26,100, less any back taxes existing; said property is part of the River Pointe Development and its sale already subject to the terms and conditions of previously approved agreement with River Development, LLC (Resolution R- 27 -95, adopted May 1, 1995); and further recommend to place on First Reading Ordinance M -4 -96. Motion declared carried. Moved by Beauvais, seconded by Chiropolos, to advance to Second Reading and adopt Ordinance M -4 -96, AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PROPERTY OF THE CITY OF DES PLAINES (SOUTHWEST QUADRANT OF PEARSON STREET & RIVER ROAD). Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Elstner, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Higgason, Curley Motion declared carried. PUB. IMPRV./ Moved by Sarlo, seconded by Chiropolos, to concur with DELGADO Staff recommendation to accept public improvements that SUBDIVISION: include sanitary and storm sewers, water service Consent installation, driveway .approaches and restoration of Agenda street pavement and parkways for Delgado Subdivision, 2207 Sprucewood and 671 Jarvis Avenues, and release Resolution public improvement surety in the amount of $5,000 and R - 18 - 96 $600 cash guarantee ($5,168.13 cash warranty will be held for 18 months) ; and further recommend to adopt Resolution R- 18 -96, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS IN THE DELGADO SUBDIVISION, SPRUCEWOOD AND JARVIS AVENUES. Motion declared carried as approved unanimously under Consent Agenda. CONCESSION Alderman Christiansen questioned why this sub -lease was STAND LEASE/ not offered to one of the non - profit organizations in the TRANSIT City, and why the City Council was not given more CENTER: information about the sub - lessee. Director of Finance & Administration Peters responded that inasmuch as this was a person recommended by the current lease holder, Community Cab Company, and the lease would only be until January 31, 1997, the Staff felt this was a suitable arrangement. Moved by Chiropolos, seconded by Elstner, to suspend the rules to permit public input on this matter. Motion declared carried. Ms. Linda Harty, 44 Park Lane, Park Ridge, addressed the City Council stating that she and her sister would be operating the concession stand, selling the same items and during the same hours as Community Cab Company did. Following further discussion, Mayor Sherwood, at the request of Alderman Christiansen, announced that this matter would be held until March 4, 1996, to give Ms. Harty an opportunity to provide the City Council with a letter outlining her experience and operational plans for the concession stand. (This matter will come under Unfinished Business on March 4, 1996.) Pr" PAGE THREE 236. 2/20/96 BID AWARD/ Moved by Sarlo, seconded by Chiropolos, to concur with ENGR. DEPT. Staff recommendation to award bid for Engineering COMPUTERS: Department Personal Computers to the lowest bidder, Consent Liberty Computer Center, 1350 Oakwood Avenue, Des Agenda Plaines, in the alternate bid amount of $9,787 /Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ Moved by Sarlo, seconded by Chiropolos, to concur with STREET Staff recommendation to award bid for 1996 Street RECONSTRUC.: Reconstruction Improvements to the lowest bidder, R. W. Consent Dunteman Company, P.O. Box 1129, Addison, IL 60101, in Agenda the amount of $2,919,598.90 /General Improvement Funds. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ Moved by Sarlo, seconded by Chiropolos, to concur with DEVON -RIVER Staff recommendation to award bid for Devon -River Road WATER MAIN: Water Main Improvements, Phase I, to the lowest bidder, Consent Patnick Construction, Inc., 9565 Franklin Avenue, Suite Agenda 210, Franklin Park, IL 60131, in the amount of $558,510.50 /Water Fund. Motion declared carried as approved unanimously 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 One (1) 1996 1/2 -Ton Heavy Duty Agenda Four Wheel Drive Pickup Truck with Mounted Plow, returnable by 3:00 p.m., Friday, February 23, 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) 1996 3/4 -Ton Heavy Duty Four Wheel Drive Pickup Trucks with Mounted Plows, returnable by 3:00 p.m., Friday, February 23, 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 Five (5) 1996 1 -Ton Heavy Duty Four Wheel Drive Dump Trucks with Mounted Plows, one unit only to be equipped with a Tailgate Salt Spreader, returnable by 3:00 p.m., Friday, February 23, 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 New Elevator Controllers, returnable by 3:00 p.m., Friday, March 8, 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 Trees - Spring Plant 1996, returnable by 3:00 p.m., Friday, March 8, 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 Parkway Tree and Stump Removal Contract 1996, returnable by 3:00 p.m., Friday, March 8, 1996. Motion declared carried as approved unanimously under Consent Agenda. PAGE FOUR 237. 2/20/96 BIDS Moved by Sarlo, seconded by Chiropolos, to concur with (Cont'd.) Staff recommendation that City Clerk be authorized to advertise for bids for Tree Trimming Services Contract 1996, returnable by 3:00 p.m., Friday, March 8, 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 Turf Mowing Contract 1996, returnable by 3:00 p.m., Friday, March 15, 1996. 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 PUBLIC WORKS - Alderman Elstner, Chair ASSIGNMENT City Manager Douthwaite reviewed the purchase of West OF SALE/ School, 1012 Thacker Street, by Chicagoland Achievement WEST SCHOOL: Academy, 308 N. Evergreen Avenue, Arlington Heights, IL 60004, on February 21, 1995, for the purchase price of $520,000. The sale has been delayed several times by the Academy's inability to procure financing for the transaction. The Willows Academy, 8200 Greendale Avenue, Niles, IL 60714, has requested the City to approve and consent to the assignment of the purchase to them, with both their school and the Chicagoland Achievement Academy occupying the building. Alderman Chiropolos stated that he is not in favor of this action; West School should be given back to School District #62. Alderman Christiansen expressed his support for this action. Alderman Arredia stated that this school would bring credit and honor to our City. Aldermen Chiropolos and Sarlo both stated that they have nothing against this school, but no action should be taken until School District #62 tells the people they can't use the school. City Manager Douthwaite distributed a letter from Dan Fletcher, President of School District #62 Board, stating that they have no interested in West School whatsoever. The president of the The Willows Academy Board of Trustees addressed the City Council stating that the Academy will soon be celebrating its 20th Anniversary, 16 years at its present location in Niles. They are looking for a permanent larger location and are very excited and interested in Des Plaines. The Academy is a college preparatory day school for girls at the sixth through the twelfth grade levels; almost 100% of their graduates go on to college. The Director of the Willows Academy, Barbara Sunko, addressed the City Council stating that they have approximately 160 students; the Academy is rated 5th in the Chicagoland area, for both public and private schools; there is strong parent involvement; the girls are involved in service projects, one of them could be the Self -Help Food Closet presently at West School. PAGE FIVE 238. 2/20/96 WEST SCHOOL Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the (Cont'd.) City Council and begin to describe the school district's operation of West School going back to 1976. Since those comments were not relevant to the issue, Mayor Sherwood asked Mr. Gulley to get to the issue. Mr. Gulley stated that this is just another example of poor planning by the school district. Mrs. Jan Kucera, board member of School District #62, addressed the City Council stating that they cannot afford West School; it would mean more staff, more teachers, more salaries. Mr. Donn Marier, representative from Chicagoland Achievement Academy, addressed the City Council stating that this joint ownership would be a much better arrangement; it would be a wonderful thing to have this kind of affiliation. Moved by Elstner, seconded by Christiansen, to concur with Staff recommendation and recommend to the City Council that the City approve and consent to the assignment of Sales Contract between Chicagoland Achievement Academy, 308 N. Evergreen Avenue, Arlington Heights, IL 60004, and The Willows Academy, 8200 Greendale Avenue, Niles, IL 60714, for the purchase of the property commonly known as West School located at 1012 Thacker Street, and Ordinance M -5 -96 be adopted at appropriate time this evening. Upon roll call, the vote was: AYES: 5- Beauvais, Christiansen, Elstner, Arredia, Sherwood NAYS: 2- Sarlo, Chiropolos ABSENT: 2- Higgason, Curley Motion declared carried. Alderman Chiropolos asked that the record indicate that he was the only alderman to vote against the original purchase of the school in 1986; he is concerned that parents and children are not being presented with a viable option. COMMUNITY SERVICES - Alderman Arredia, Vice Chair SOCIAL SVS. Alderman Christiansen questioned representatives present AGENCIES from the Northwest Suburban Day Care Center about their FUNDING: various programs; how many Des Plaines families are served; and what ages are served. Moved by Beauvais, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council funding of social, service agencies- organizations for 1996, for a total of $60,000, as follows: Rainbow Hospice - $ 2,900 Shelter, Inca - $ 4,000 Des Plaines Youth Club - $ 7,000 Self -Help Food Closet - $ 1,600 The Salvation Army - $ 7,500 Fighting Back /District #214 - $ 1,500 Maine Center Mental Health - $ 5,000 The Harbour, Inc. - $ 3,000 N.W. Suburban Day Care - $17,000 Special People, Inc. - $ 3,000 The Volunteer Center - $ 1,000 The Center for Concern - $ 2,500 N.W. Action Against Rape - $ 2,000 Suburban Primary Health Care Council - $ 1,000 Children's Advocacy Center of N.W. Cook Cty. - $ 1,000 Motion declared carried (final action on this matter under Consent Agenda on March 4, 1996). �w. BID REVIEW/ 1996 STREET RESURFACING: BID REVIEW/ 1996 STREET - SCAPE IMPROVEMENTS: FOREIGN FIRE INSURANCE TAX BOARD: PAGE SIX ENGINEERING - Alderman Chiropolos, Chair PUBLIC SAFETY - Alderman Beauvais, Vice Chair 239. 2/20/96 Moved by Christiansen, seconded by Arredia, to concur with Staff recommendation and recommend to the City Council that bid for 1996 Street Resurfacing be awarded to the lowest bidder, Orange Crush Recycling, L.P., 323 S. Center Street, Hillside, IL 60102, in the amount of $1,400,000 /General Improvement Fund ($612,500) and Motor Fuel Tax Fund ($787,500). Motion delcared carried. Moved by Elstner, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council that bid for 1996 Streetscape Improvements be awarded to the lowest bidder, J. A. Johnson Paving, 1025 E. Addison Court, Arlington Heights, IL 60005, in the amount of $410,828.85/TIF Funds. Motion delcared carried. City Attorney Wiltse explained that a tax is assessed against insurance companies doing business in Illinois but headquartered in another State. Approximately $45,000 is received by the City each year. Following appellate court decisions that the City lost last year and as allowed by State Statutes, the City must establish a Foreign Fire Insurance Tax Board to administer these funds. At the request of members of the Des Plaines Firefighter's Association, it is also being proposed that the bid requirement of the City for $5,000 be increased, as it applies to the Foreign Fire Insurance Board, to $10,000. Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City Council questioning where the money is that had been collected over the past four or five years. Mr. Douthwaite stated that this is being held in escrow and it amounts to approximately $250,000. Mr. Flynn asked what has been spent so far and what is the Board going to use the money for in the future. Fire Chief Farinella stated that no money has been spent so far and there is no list of suggested purchases at this time. Mr. Richard Ahlman, 314 Columbia Avenue, addressed the City Council stating that there should be a limit on how much this Board can spend. Fire Chief Farinella stated that any request for purchases must be submitted in writing to him for approval and once approved and purchased, the item becomes the property of the City; the funds will be audited every year. Mr. Brian Schroeder, attorney for the Des Plaines Firefighter's Association, stated that none of the money has been spent because the Association was waiting for this proposed ordinance to be adopted and also that the Association is in the process of filing for a not -for profit status to become a charitable organization. Mr. Schroeder stated that this is "free" money to be used for things that the City would otherwise have to appropriate money for. Mayor Sherwood stated that he feels it would be naive to think that this would save the City money. Moved by Sarlo, seconded by Christiansen, to concur with Staff recommendation and recommend to the City Council approval of the proposed ordinance establishing the Foreign Fire Insurance Tax Board and increasing the bid requirement from $5,000 to $10,000 for their purchases; and Ordinance M -6 -96 be adopted at appropriate time this evening. Motion declared carried. PAGE SEVEN LEGAL & LICENSING - Alderman Beauvais, Chair 240. 2/20/96 BID BOND Moved by Sarlo, seconded by Chiropolos, to concur with REOUIREMENT: Staff recommendation and recommend to the City Council approval of proposed ordinance that the City Manager may, at his or her discretion, waive the requirement of posting a bond or other security, for purchases in excess of $5,000, with prior notification of the City Council; approve exception for the Foreign Fire Insurance Board to increase bid requirement from $5,000 to $10,000 for all of their purchases; and further recommend that Ordinance M -7 -96 be adopted at appropriate time this evening. Motion declared carried. AMENDMENTS/ Moved by Elstner, seconded by Arredia, to concur with LIO. LIC. Staff recommendation and recommend to the City Council ORDINANCE: approval of proposed ordinance to clarify that larger stores may use multiple registers for liquor sales as long as liquor is still maintained in a separate area and someone over the age of 21 rings up the sale; bring City Code into conformance with State Statutes to clarify that when a licensed establishment changes hands by reason of sale or death of the owners, the liquor establishment shall be basically grandfathered in from the standpoint of a church having opened up within 100' of it after the time it was initially licensed; and Ordinance M -8 -96 be placed on First Reading at appropriate time. Motion declared carried (further action on this matter under Consent Agenda on March 4, 1996). COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair ZONING CASE Petitioner John Graham, 33978 N. Hwy. 45, Grayslake, IL 96 - 01 - SU 60030, addressed the City Council regarding his request 800 E. to allow the construction of a gasoline service station ELMHURST: and car wash on property located at 800 S. Elmhurst Road. Moved by Arredia, seconded by Elstner, to concur with recommendation of Des Plaines Plan Commission, Des Plaines Zoning Board of Appeals and Staff, and recommend to the City Council, re Zoning Case 96- 01 -SU, to grant request for Special Use to permit the construction of a gasoline service station and car wash in C -2 General Commercial District on property located at 800 E. Elmhurst Road; approve variations to permit a 1' setback along the west property line, permit a 16.5' aisle adjacent to the three parking spaces along the south side of the building, permit a fence to be erected approximately 1' off the property line and run from the southwest corner of the parcel to the southwest corner of the building (approximately 50'); and further recommend that City Attorney be authorized to draft necessary ordinance. Motion declared carried (further action on this matter under Consent Agenda on March 4, 1996). FINANCE & ADMINISTRATION - Alderman Christiansen, Chair WARRANT Moved by Elstner, seconded by Sarlo, to concur with Staff REGISTER: recommendation and recommend to the City Council approval of February 20, 1996 Warrant Register in the amount of $1,385,949.61; and Resolution R -19 -96 be adopted at appropriate time this evening. Motion declared carried. PAGE EIGHT 241. 2/20/96 Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. ZONING CASE The following motion, which had been approved by the City 95 -52 -SU Council on December 4, 1995, was reconsidered on December 1637 18, 1995, and then by motion was postponed to this date: WEBSTER: Moved by Curley, seconded by Higgason, to concur with recommendation of Committee of the Whole held November Postponed 29, 1995, re Zoning Case 95- 52 -SU, to NOT concur with Matter recommendations of the 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. Moved by Elstner, seconded by Christiansen, that this reconsidered motion again be postponed until the City Council meeting on March 18, 1996. Alderman Chiropolos expressed his opposition to this postponement; we've already had a 60 -day postponement; this is not fair to the petitioner; there is no reason why this should be delayed any further. Alderman Beauvais asked why the postponement has to be 30 days and not to the next City Council meeting on March 4, 1996. Alderman Elstner stated that he would like to make sure that Alderman Higgason has returned from her leave of absence from the City Council. Alderman Sarlo expressed his opposition to this postponement; it is not fair to the residents or the petitioner; this matter should be voted on and be done with; this procrastination should not continue; this could establish a dangerous precedent. Motion by Beauvais to postpone this reconsidered motion until the City Council meeting on March 4, 1996, died for lack of a second. Alderman Chiropolos again expressed his opposition to this postponement, stating that now everytime there is an alderman absent we can postpone any item on the agenda; what is going to happen 30 days from now; this could go on and on; we are setting a very, very dangerous precedent; the government must continue and now is the time to make our decision; there is no reason to postpone this matter. Alderman Arredia stated that normally he would not be for a postponement, but there have been several meetings held on this matter, there may be some changes, and since the full Council voted on the original motion to deny, the whole Council should vote on the reconsidered motion; he does not feel that this is setting a precedent. Alderman Beauvais stated that because the alderman of the Ward is not present and she does not want it to appear as if the Council is ramrodding this through, she will go along with this postponement, but she asked that the record show that after that date, she will not go for any more delays; this matter must be resolved one way or the other on March 18, 1996. Alderman Elstner stated that he agrees with his colleagues that a final decision must be made on March 18, 1996. Upon roll call on the original motion to postpone this reconsidered motion until the City Council meeting on March 18, 1996, the vote was: PAGE NINE 242. 2/20/96 WEBSTER LANE AYES: 4- Beauvais, Christiansen, Elstner, Arredia (Cont'd.) NAYS: 2- Sarlo, Chiropolos ABSENT: 2- Higgason, Curley Motion declared carried (this matter will come under Unfinished Business on March 18, 1996). Alderman Sarlo stated that if he is ever absent, he might ask for this same consideration. FEE FOR Moved by Sarlo, seconded by Chiropolos, to postpone until POI the City Council meeting on March 18, 1996, the matter REOUESTS: deferred on February 5, 1996 regarding fees for Freedom of Information requests. Upon roll call, the vote was: Resolution AYES: 1- Chiropolos R - 17 - 96 NAYS: 5- Beauvais, Christiansen, Elstner, Sarlo, Arredia ABSENT: 2- Higgason, Curley Motion declared failed. Deferred Matter Moved by Christiansen, seconded by Chiropolos, to concur with recommendation of Committee of the Whole held January 15, 1996, that copy fees for records, building permit applications, Fire Department fire and emergency medical reports, police case reports and defendant traffic tickets be increased from $.05 per page to $.25 per page; copy fee for microfilm be increased from $.75 per frame to $3.00 per sheet; copy fee for police photographs be increased from $6.00 per copy to $8.00 per copy; and further recommend to adopt Resolution R- 17 -96, A RESOLUTION AMENDING THE RULES AND REGULATIONS ESTABLISHED BY THE CITY OF DES PLAINES PURSUANT TO THE ILLINOIS FREEDOM OF INFORMATION ACT. Upon roll call, the vote was: AYES: 2- Christiansen, Chiropolos NAYS: 4- Beauvais, Elstner, Sarlo, Arredia ABSENT: 2- Higgason, Curley Motion declared failed. ORDINANCE Moved by Arredia, seconded by Sarlo, to adopt Ordinance Z - - 96 Z -3 -96, AN ORDINANCE GRANTING A VARIATION TO SECTION VARIATION/ 503.1.1 OF THE DES PLAINES BUILDING CODE, TO PERMIT VINYL 387 GOOD SIDING INSTEAD OF FACE BRICK FOR THE BUILDING AT 387 GOOD OABRoP: C Upon roll call, the vote was: AYES: 5- Christiansen, Elstner, Sarlo, 40weo✓Ve- pele Chiropolos, Arredia nAD P6-,,► , g. NAYS: 1- Beauvais G 06- ABSENT: 2- Higgason, Curley Motion declared carried. WARRANT Moved by Christiansen, seconded by Beauvais, to concur REGISTER: with recommendation of Committee of the Whole to adopt Resolution R- 19 -96, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R - 19 - 96 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $1,385,949.61. Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Elstner, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Higgason, Curley Motion declared carried. ASSIGNMENT Moved by Elstner, seconded by Christiansen to concur with OF SALE / recommendation of Committee of the Whole that the City WEST SCHOOL: approve and consent to the assignment of Sales Contract between Chicagoland Achievement Academy, 308 N. Evergreen Ordinance Avenue, Arlington Heights, IL 60004, and The Willows M - - 96 Academy, 8200 Greendale Avenue, Niles, IL 60714, for the purchase of the property commonly known as West School located at 1012 Thacker Street, and place on First Reading Ordinance M -5 -96. WEST SCHOOL (Cont'd.) PAGE TEN 243. 2/20/96 Upon roll call, the vote was: AYES: 4- Beauvais, Christiansen, Elstner, Arredia NAYs: 2- Sarlo, Chiropolos ABSENT: 2- Higgason, Curley Motion declared carried. Moved by Elstner, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M -5 -96, AN ORDINANCE AUTHORIZING THE ACCEPTANCE AND APPROVAL OF "THE AGREEMENT FOR THE ASSIGNMENT OF SALES CONTRACT" FOR THE WEST SCHOOL PROPERTY AND AUTHORIZING THE SALE AND CONVEYANCE OF THE WEST SCHOOL PROPERTY TO WILLOWS ACADEMY FACILITIES GROUP, INC. Upon roll call, the vote was: AYES: 5- Beauvais, Christiansen, Elstner, Arredia, Sherwood NAYS: 2- Sarlo, Chiropolos ABSENT: 2- Higgason, Curley Motion declared carried. FOREIGN FIRE Moved by Beauvais, seconded by Christiansen, to concur INSURANCE with recommendation of Committee of the Whole to approve TAX BOARD: proposed ordinance establishing' the Foreign Fire Insurance Tax Board and increasing the bid requirement Ordinance from $5,000 to $10,000 for their purchases, and place on M - - 96 First Reading Ordinance M -6 -96. Motion declared carried. Moved by Beauvais, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M -6 -96, AN ORDINANCE AMENDING TITLE II "COMMISSIONS AND BOARDS" OF THE CITY CODE OF DES PLAINES, TO ADD THERETO A NEW CHAPTER 12 "DES PLAINES FOREIGN FIRE INSURANCE TAX BOARD." Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Elstner, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Higgason, Curley Motion declared carried. BID BOND Moved by Beauvais, seconded by Elstner, to concur with REOUIREMENT: recommendation of Committee of the Whole to approve proposed ordinance that the City Manager may, at his or Ordinance her discretion, waive the requirement of posting a bond M - - 96 or other security, for purchases in excess of $5,000, with prior notification of the City Council; approve exception for the Foreign Fire Insurance Board to increase bid requirement from $5,000 to $10,000 for all their purchases; and place on First Reading Ordinance M- 7-96. Motion declared carried. Moved by Beauvais, seconded by Christiansen, to adopt Ordinance M -7 -96, AN ORDINANCE AMENDING SECTIONS 1 -19 -6, 1 -19 -9 AND 1- 19 -17, OF CHAPTER 19 "PURCHASING POLICIES AND GUIDELINES" OF TITLE I, OF THE CITY CODE OF DES PLAINES, TO ADD ADDITIONAL WORDAGE PERTAINING TO THE DES PLAINES FOREIGN FIRE INSURANCE TAX BOARD. Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Elstner, Sarlo Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Higgason, Curley Motion declared carried. BID AWARD Moved by Christiansen, seconded by Arredia, to concur 1996 STREET with recommendation of Committee of the Whole that bid RESURFACING: for 1996 Street Resurfacing be awarded to the lowest bidder, Orange Crush Recycling, L.P., 323 S. Center Street, Hillside, IL 60102, in the amount of $1,400,000 /General Improvement Fund ($612,500) and Motor Fuel Tax Fund ($787,500). Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Elstner, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Higgason, Curley, Motion declared carried. 1 1 BID AWARD 1996 STREET - SCAPE IMPROVEMENTS: ADJOURNMENT: APPROVED BY ME T Ted Sherwood, MAYOR Moved by Christiansen, seconded by Arredia, to concur with recommendation of Committee of the Whole that bid for 1996 Streetscape Improvements be awarded to the lowest bidder, J. A. Johnson Paving, 1025 E. Addison Court, Arlington Heights, IL 60005, in the amount of $410,828.85/TIF Funds. Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Elstner, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 2- Higgason, Curley, Motion declared carried. Moved by Christiansen, seconded by Elstner, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:59 p.m. DAY OF 1 •✓ : , 1996 PAGE ELEVEN 244. 2/20/96 Donna McAllister, CMC /AAE - CITY CLERK