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04/15/1996270. 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, APRIL 15, 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 7:04 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, April 15, 1996. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. Also present were: City Treasurer Fredricks, Acting City Manager and Director of Finance & Administration Peters, Police Chief Sturlini, Fire Chief Farinella, Public Works Director Shirley, Building Official Duchesne, Emergency Communications Director Ornberg, City Engineer Oakley, Human Resources and Services Director Merriman, and City Attorney Wiltse. PRAYER AND PLEDGE: CONSENT AGENDA: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Moved by Sarlo, seconded by Elstner, to establish a Consent Agenda. 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 T -6 -96 is adopted; and Ordinances M- 13 -96, M- 14 -96, M- 15 -96, Z -5 -96 and Z -6 -96 are placed on First Reading. MINUTES: Moved by Sarlo, seconded by Chiropolos, to approve Consent minutes of regular meeting of the City Council held April Agenda 1, 1996, as published. Motion declared carried as approved unanimously under Consent Agenda. SPEC. USE & Moved by Sarlo, seconded by Chiropolos, to concur with MAP AMEND./ recommendation of Committee of the Whole held April 1, 1185 - 1229 1996, re Zoning Case 96- 05 -SU -A, to grant request for GOLF ROAD: Special Use to permit the construction of a nursing home Consent facility on a 2.2 acre parcel at the west end of Redeker Agenda Road, south of Golf Road, on property located at 1185- 1229 Golf Road, and approve a Map Amendment to rezone the Ordinance property from M - Restricted Manufacturing to C -2 General Z - - 96 Commercial, contingent upon approval of Wolfgang's Resubdivision where nursing home will be located on one of the three lots; and place on First Reading Ordinance Z -5 -96, AN ORDINANCE GRANTING A SPECIAL USE PERMIT, PURSUANT TO ARTICLE 8 AND SECTION 4.2.2.12 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO ALLOW A NURSING HOME AT 1185 -1229 GOLF ROAD, AND GRANTING A MAP AMENDMENT TO CHANGE THE ZONING FROM M -1 RESTRICTED MANUFACTURING TO C -2 GENERAL COMMERCIAL, AT 1185 -1229 GOLF ROAD (CASE NO. 96- 05- SU -A). Motion declared carried as approved unanimously under Consent Agenda. AMEND. TO Moved by Sarlo, seconded by Chiropolos, to concur with SPEC. USE/ recommendation of Des Plaines Plan Commission and Zoning 800 W. Board of Appeals, re Zoning Case 96- 08 -SU, to grant OAKTON: request for amendment to Special Use granted under Consent Ordinance Z- 11 -76, adopted July 6, 1976, to permit Agenda reconstruction of convenience store and relocation to east side of property located at 800 W. Oakton Street in 800 W. OAKTON (Cont'd.) Ordinance Z -6 -96 DECREASE CLASS A LIO. LIC.: Consent Agenda Ordinance M -13 -96 SALE OF CITY PROP. BY AUCTION/ N.W.M.C.: Consent Agenda Ordinance M -14 -96 SALE OF CITY PROP. AT POLICE AUCTION: Consent Agenda Ordinance M -15 -96 ADVERTISE FOR BIDS: Consent Agenda ORDINANCE T -6 -96 TRAF. RESTR. WESTMERE AT DARA JAMES: Consent Agenda ORDINANCE M -14 -96 SALE OF CITY PROP./ N.W.M.C.: PAGE TWO 271. 4/15/96 C -2 General Commercial District; and place on First Reading Ordinance Z -6 -96, AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO ALLOW THE RECONSTRUCTION OF PORTIONS OF AN EXISTING GASOLINE SERVICE STATION, IN C -2 GENERAL COMMERCIAL DISTRICT ON THE PROPERTY COMMONLY KNOWN AS 800 WEST OAKTON STRET (96- 08 -SU). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to amend Section 5 -34 -18 of the City Code to reduce number of Class A Liquor Licenses by one due to closing of Booeymongers, 1504 Miner Street; and place on First Reading Ordinance M- 13 -96, AN ORDINANCE AMENDING SECTION 5 -34 -18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO DECREASE THE TOTAL NUMBER OF CLASS A LICENSES BY ONE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to sell by auction through the Northwest Municipal Conference on Saturday, May 11, 1996, seven (7) Fire Department vehicles; two (2) Engineering Department vehicles; and eight (8) Public Works Department vehicles and pieces of equipment; and place on First Reading Ordinance M- 14 -96, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to sell surplus equipment from Public Works Department, Police Department and Library, at the Police Auction to be held Saturday, May 4, 1996; and place on First Reading Ordinance M- 15 -96, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. 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 1996 Leak Detection Program, returnable by 3:00 p.m., Friday, May 10, 1996. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance T -6 -96, AN ORDINANCE AMENDING SECTION 10 -7 -4 "YIELD RIGHT OF WAY," OF CHAPTER 7, TITLE X OF THE CITY CODE OF DES PLAINES TO DELETE THEREFROM "WESTMERE ROAD SHALL YIELD FOR DARA JAMES ROAD," AND AMENDING SECTION 10- 7 -3(B) "TWO WAY STOP STREETS," TO ADD "WESTMERE ROAD TO STOP FOR DARA JAMES ROAD." Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to advance to Second Reading and adopt Ordinance M- 14 -96, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE 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. PAGE THREE 272. 4/15/96 ORDINANCE Moved by Sarlo, seconded by Chiropolos, to advance to M -15 -96 Second Reading and adopt Ordinance M- 15 -96, AN ORDINANCE SALE OF AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL CITY PROP./ PROPERTY OWNED BY THE CITY OF DES PLAINES. Upon roll POLICE call, the vote was: AUCTION: 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 FINANCE & ADMINISTRATION - Alderman Christiansen, Chair 1995 Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City SUPPLEMENTAL Council stating that he has examined the final revenues APPROPRIA.: and expenditures for 1995 and while the figures appear to look very good, the City has over -spent many line items and has raised taxes and fees to build up the reserve; he found proof of waste and line item manipulation in every department; he asked why the City bothers to even make a budget; department heads should have to come to the City Council to ask for more money when they go over their budget. Mr. Richard Ahlman, 314 Columbia Avenue, addressed the City Council and asked whether the various pension funds were fully funded. Mr. Peters stated that our funds were 80% funded and this situation is reviewed every year. Moved by Beauvais, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council to approve 1995 Supplemental Appropriations in the amount of $5,888,343; and further recommend that Ordinance M -16- 96 be placed on First Reading at appropriate time this evening. Motion declared carried. WARRANT Mr. Vince Powers, 862 Webster Lane, addressed the City REGISTER: Council regarding the documentation for expenses of elected officials. Alderman Christiansen stated that this matter did not pertain to the Warrant Register and it would be heard at another meeting. Mr. Powers asked when it would be heard. Alderman Christiansen stated that City Manager Douthwaite would handle that when he returned from vacation. Moved by Beauvais, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council approval of April 15, 1996 Warrant Register in the amount of $2,222,726.02; and Resolution R -29 -96 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair ZONING CASE Moved by Sarlo, seconded by Elstner, to concur with 96 -09 -V recommendation of Des Plaines Zoning Board of Appeals and 710 S. Staff, and recommend to the City Council, re Zoning Case KENILWORTH: 96 -09 -V, to permit construction of a 40.64' x 15.5' room addition which will result in a 33% lot coverage instead of maximum allowed 30% on property located at 710 S. Kenilworth Court in R -2 Single - Family Residential District; and further recommend that Ordinance Z -7 -96 be placed on First Reading at appropriate time this evening. Motion declared carried. PAGE FOUR PUBLIC SAFETY - Alderman Higgason, Chair 273. 4/15/96 REVIEW BIDS/ Moved by Elstner, seconded by Sarlo, to concur with Staff MAINT. OF recommendation and recommend to the City Council to award MICRO- bid for Maintenance of Micro - Computer and Computer COMPUTER: Network Components to the only bidder (two no -bids were also received), Computers for Business, Inc., 652 N. Milwaukee Avenue, Prospect Heights, IL 60070, in the total bid amount of $28,464 for one year of maintenance /Budgeted Funds from Police Department, Fire Department and Emergency Communications. Motion declared carried. Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. 1995 Moved by Christiansen, seconded by Elstner, to concur SUPPLEMENTAL with recommendation of Committee of the Whole to approve APPROPRIA.: 1995 Supplemental Appropriations in the amount of $5,888,343; and place on First Reading Ordinance M- 16 -96, Ordinance AN ORDINANCE PROVIDING FOR THE SUPPLEMENTAL APPROPRIATION M -16 -96 OF FUNDS FOR THE CORPORATE PURPOSES OF THE CITY OF DES PLAINES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1995 AND ENDING DECEMBER 31, 1995. 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 (final action on this matter under Consent Agenda on May 6, 1996). WARRANT Moved by Christiansen, seconded by Elstner, to concur REGISTER: with recommendation of Committee of the Whole to adopt Resolution R- 29 -96, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R -29 -96 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,222,726.02. 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 96 -09 -V recommendation of Committee of the Whole re Zoning Case 710 8. 96 -09 -V, to permit construction of a 40.64' x 15.5' room KENILWORTH: addition which will result in a 33% lot coverage instead of maximum allowed 30% on property located at 710 S. Ordinance Kenilworth Court in R -2 Single - Family Residential Z -7 -96 District; and place on First Reading Ordinance Z -7 -96, AN ORDINANCE GRANTING A VARIATION TO SECTION 3.2.4.4 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF A 40.64 FOOT BY 15.5 FOOT ROOM ADDITION, WHICH WILL RESULT IN A 33% LOT COVERAGE INSTEAD OF THE MAXIMUM 30% ALLOWED FOR 710 SOUTH KENILWORTH COURT (CASE NO. 96- 09 -V). Motion declared carried (final action on this matter under Consent Agenda on May 6, 1996). BID AWARD/ Moved by Higgason, seconded by Sarlo, to concur with MAINT. OF recommendation of Committee of the Whole to award bid for MICRO- Maintenance of Micro - Computers and Computer Network COMPUTER: Components to the only bidder (two no -bids were also received), Computers for Business, Inc., 652 N. Milwaukee Avenue, Prospect Heights, IL 60070, in the total bid amount of $28,464, for one year of maintenance /Budgeted Funds from Police Department, Fire Department and Emergency Communications. Upon roll call, the vote was: 1 1 PAGE FIVE 274. 4/15/96 COMPUTERS AYES: 8- Beauvais, Christiansen, Elstner, Higgason, (Cont'd.) Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. DEMOLITION/ Acting City Manager and Finance & Administration Director 1596 MINER: Peters advised the City Council that the City Clerk will not be advertising for bids for the 1596 Miner Street Building Demolition as approved by the City Council on April 1, 1996; the developer has requested full control of all demolition on the property; they will obtain three proposals and the City will be responsible for the lowest cost proposal; the developer will, at his option, pay any amount over the lowest proposal received. EXECUTIVE Moved by Beauvais, seconded by Sarlo, to go into SESSION: Executive Session to discuss pending litigation. 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. PENDING Moved by Beauvais, seconded by Sarlo, that City Attorney LITIGATION: be authorized to negotiate a pending litigation matter as directed in Executive Session. 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. ADJOURNMENT: Moved by Beauvais, seconded by Sarlo, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:42 p.m. APPROVED BY ME THIS I Ted Sherwood, MAYOR Council recessed at 8:25 p.m. Council reconvened at 8:41 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. Donna McAllister, CMC /AAE - CITY CLERK