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08/19/199627. 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, AUGUST 19, 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 7:03 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 19, 1996. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. Alderman Beauvais left the meeting at 10:12 p.m. Also present were: City Manager Douthwaite, Assistant to the City Manager Carter, Director of Economic Development Klaus, Director of Finance & Administration Peters, Police Chief Sturlini, Deputy Fire Chief Pratt, Public Works Director Shirley, Community Development Director D'Onofrio, City Engineer Oakley, Emergency Communications Director Ornberg, Human Resources and Services Director Merriman, Assistant City Attorney Gruber and City Attorney Wiltse. PRAYER AND PLEDGE: The opening prayer was given by Reverend James R. Hines, Brentwood Baptist Church, followed by the Pledge of Allegiance to the Flag. PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL IDRB FOR CHAMBERS, DES PLAINES CIVIC CENTER, 129 RAWLS MONDAY, AUGUST 19, 1996 ROAD: Mayor Sherwood called the Public Hearing to order at 7:04 p.m. The Public Hearing was held pursuant to legal notice regarding the proposed issuance of the City's Variable Rate Demand Industrial Development Revenue Bonds (Finzer Roller, Inc. Project), Series 1996, in a principal amount not to exceed $2,000,000 to be loaned to FRC Real Estate Partnership to be used to acquire, construct, rehabilitate and equip an industrial project consisting of an approximately 27,800 sq. ft. roller manufacturing facility located at 129 Rawls Road. DISCUSSION: Director of Economic Development Klaus reviewed this request from Finzer Roller, Inc., which is a follow up to the action taken by the City Council on April 1, 1996, when they adopted Resolution R -26 -96 expressing the City's intent to assist in financing this project. The issuance is comprised of a $500,000 allocation from the City and $1.5 million of reallocated private activity Industrial Revenue Bonds from the City of Park Ridge, Illinois, as authorized under Resolution R- 25 -96, adopted on April 1, 1996. Mr. Tom Ryan, Finzer Roller, Inc., also addressed the City Council regarding this matter. There was no public comment and no written comment had been received by the City Clerk prior to the Public Hearing. This matter will come before the City Council again later in the evening under Committee of the Whole. The Public Hearing was adjourned at 7:08 p.m. The City council reconvened at 7:09 p.m. CONSENT AGENDA: MINUTES: Consent Agenda COMMUNITY EVENTS SIGN: Consent Agenda IDOT AGREE./ WOLF AND DEMPSTER- THACKER INTERSECTION: Consent Agenda Ordinance T -8 -96 Resolution R -52 -96 PAGE TWO 28. 8/19/96 Alderman Curley requested that Items 10 and l0a be removed from the Consent Agenda. Moved by Arredia, seconded by Beauvais, to establish a Consent Agenda except for Items 10 and 10a. Motion declared carried. Moved by Chiropolos, seconded by Higgason, 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; Ordinances M- 29 -96, M- 30 -96, M -31- 96, M- 32 -96, M- 33 -96, M- 34 -96, M- 35 -96, M- 36 -96, and M- 37-96 are adopted; Ordinances M- 38 -96, M- 40 -96, M- 41 -96, M- 42 -96, M- 43 -96, M- 44 -96, T -8 -96 and Z -14 -96 are placed on First Reading; and Resolution R -52 -96 is adopted. Moved by Chiropolos, seconded by Higgason, to approve minutes of regular meeting of the City Council held August 5, 1996, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Higgason, to concur with recommendation of Committee of the Whole held August 5, 1996, that City reject single bid received from White Way Sign Company, 1317 Clybourn Avenue, Chicago, IL 60610, for installation of new Community Events Sign to replace existing sign across from City Hall in Parking Lot #9, in the amount of $51,238; Staff be authorized to review the bid specifications and adjust them for a less costly sign; and readvertise for bids at a later date. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Higgason, to concur with recommendation of Committee of the Whole held August 5, 1996, that City enter into agreement with the Illinois Department of Transportation (IDOT) for their share, in the amount of $57,587.86 (50 %), of traffic signal and geometric improvements to the Wolf Road at Dempster - Thacker Street intersection, which were constructed in 1992 by the City without a joint agency agreement; approve proposed ordinance prohibiting parking along Dempster- Thacker Street within 100' of Wolf Road as required by IDOT; approve proposed resolution authorizing Mayor and City Clerk to execute agreement; and further recommend to place on First Reading Ordinance T -8 -96, AN ORDINANCE AMENDING SCHEDULE I, SECTION 10 -5 -17, "PARKING PROHIBITED IN DESIGNATED PLACES," OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "THACKER /DEMPSTER STREET, A DISTANCE OF 100 FEET EAST AND WEST OF WOLF ROAD, NORTH SIDE OF THE STREET," AND "THACKER /DEMPSTER STREET, A DISTANCE OF 100 FEET EAST AND WEST OF WOLF ROAD, SOUTH SIDE OF THE STREET;" AND FURTHER AMENDING SECTION 10-5 - 5(G) "RESTRICTED PARKING - VARIOUS HOURS," TO READ "THACKER /DEMPSTER STREET, 100 FT. WEST OF WOLF ROAD TO MT. PROSPECT ROAD, NORTH SIDE OF STREET BETWEEN THE HOURS OF 7:00 A.M. TO 6:00 P.M. DAILY EXCEPT SATURDAYS, SUNDAYS AND HOLIDAYS" AND "THACKER /DEMPSTER STREET, 100 FT. WEST OF WOLF ROAD TO MT. PROSPECT ROAD, SOUTH SIDE OF STREET BETWEEN THE HOURS OF 7:00 A.M. TO 6:00 P.M. DAILY EXCEPT SATURDAYS, SUNDAYS AND HOLIDAYS;" and adopt Resolution R- 52 -96, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENT AND MODERNIZATION OF THE TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF WOLF ROAD AT DEMPSTER /THACKER STREET (STATE SECTION 3134TS -2, CITY SECTION 96 - 00171 00 - TL, STATE JOB NUMBER C -91- 040 -96 AND CONTRACT NO. 60025). Motion declared carried as approved unanimously under Consent Agenda. TAXICAB INSPECTION PROGRAM: Consent Agenda Ordinance M -38 -96 Ordinance M -40 -96 LISTING AGREEMENT / SALE OF FIRE EOUIPMENT: Consent Agenda Ordinance M -41 -96 LICENSE AGREEMENT/ 690 MIDDLETON: Consent Agenda Ordinance M -42 -96 LICENSE AGREEMENT/ 1311 CALLEN: Consent Agenda Ordinance M -43 -96 LICENSE AGREEMENT/ 661 LONGFORD: Consent Agenda Ordinance M -44 -96 PAGE THREE OF FEES," OF SECTION 5 -1 -3 PLAINES, TO CHANGE THE CAB Motion declared carried as Consent Agenda. 29. 8/19/96 Moved by Chiropolos, seconded by Higgason, to concur with recommendation of Committee of the Whole held August 5, 1996, to amend various subsections of Section 5 -5 -25 - "Public Passenger Vehicles" of the City Code regarding the administration of the taxicab inspection program by the Director of Finance and Administrative Services and the Police Chief (or their designee) , payment of all fees in advance, two -step vehicle inspection process, updating of the taximeter provision, elimination of the vehicles age restriction; and further recommend to place on First Reading Ordinance M- 38 -96, AN ORDINANCE AMENDING SUBSECTIONS 5 -5 -25.3 "FEES," 5 -5 -25.5 "CONDITIONS OF VEHICLE," 5 -5 -25.6 "PERIODIC INSPECTIONS," AND 5 -5 -25.25 "TAXIMETERS," OF CHAPTER 5 "OTHER BUSINESSES," TITLE V, OF THE CITY CODE OF DES PLAINES, and Ordinance M- 40 -96, AN ORDINANCE AMENDING SUBSECTION 5 -5 -25 IN THE "SCHEDULE OF THE CITY CODE OF DES INSPECTION FEE TO $30.00. approved unanimously under Moved by Chiropolos, seconded by Higgason, to concur with Staff recommendation to authorize City to enter into a Fire Apparatus Exclusive Listing Agreement with B & P Apparatus, Inc., 1552 Bryan Court, Aurora, IL 60504, to act as sales agent for the disposition of One (1) 1988 Ford Excellence Ambulance and One (1) Seagrave Fire Engine /Pumper, for a 10% commission of the selling price; Mayor and City Clerk be authorized to execute necessary document; and further recommend to place on First Reading Ordinance M- 41 -96, AN ORDINANCE AUTHORIZING THE SALE AND DISPOSITION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Higgason, to concur with Staff recommendaton to grant request to permit installation of an underground sprinkler system in City - owned parkway adjacent to property located at 690 Middleton Lane; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M- 42 -96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH MATHEW SAMUEL AND VALSA MATHEWS, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PARKWAY PORTION OF THE PUBLIC RIGHT -OF -WAY IN FRONT OF 690 MIDDLETON LANE, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Higgason, to concur with Staff recommendation to grant request to permit installation of an underground sprinkler system in City - owned parkway adjacent to property located at 1311 Callen Lane; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M- 43 -96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH FRANK OCONSKI FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF- WAY IN FRONT OF 1311 CALLEN LANE, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Higgason, to concur with Staff recommendation to grant request to permit installation of an underground sprinkler system in City - owned parkway adjacent to property located at 661 Longford Drive; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M- 44 -96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH MICHAEL D. AND MARY T. FELISH, FOR PAGE FOUR 8/19/96 M -44 -96 THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM (Cont'd.) IN THE PARKWAY PORTION OF THE PUBLIC RIGHT -OF -WAY IN FRONT OF 661 LONGFORD DRIVE, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. FACE BRICK Moved by Chiropolos, seconded by Higgason, to concur with VARIATION/ recommendation of Des Plaines Architectural Commission 473 and Staff, to grant request for Variation to Section HARVEY: 503.1.1 of the Building Code to permit a new single Consent family residence to be constructed using vinyl siding Agenda instead of the required face brick on property located at 473 Harvey Avenue; and further recommend to place on Ordinance First Reading Ordinance Z- 14 -96, AN ORDINANCE GRANTING Z -14 -96 A VARIATION TO SECTION 503.1.1 OF THE DES PLAINES BUILDING CODE, TO PERMIT VINYL SIDING INSTEAD OF FACE BRICK FOR THE BUILDING AT 473 HARVEY AVENUE. Motion declared carried as approved unanimously under Consent Agenda. LEASE Moved by Curley, seconded by Sarlo, to concur with Staff AGREEMENT/ recommendation that Mayor and City Clerk be authorized USE OF to execute lease agreement with AT &T WIRELESS PCS, Inc., WATER 227 W. Monroe Street, Suite 5050, Chicago, IL 60606, for TOWERS: a three -year period, with three additional three -year renewal periods at AT &T WIRELESS PCS's option, for a Resolution total of twelve years, for the installation of cellular R -53 -96 panel antennas on water tower at Garland Place & Miner Street for the lease cost of: Years 1 -3 - $8,500 per year, Years 4 -6 - $9,350 per year, Years 7 -9 - $10,285 per year, and Years 10 -12 - $11,313.50 per year; with options for up to four (4) additional water tower sites, with prior City approval, at Dulles Road & Beau Drive, Howard Avenue & Mannheim Road, 100 N. River Road, and 195 Oakton Street, for the following lease cost per site: Years 1 -3 - $10,500 per year, Years 4 -6 - $11,550 per year, Years 7 -9 - $12,705 per year, and Years 10 -12 - $13,975.50 per year; and further recommend to adopt Resolution R- 53 -96, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH AT &T WIRELESS PCS, INC. 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. PATIO Moved by Chiropolos, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for Variation to 2134 Section 515.0 of the Building Code to permit construction ELMIRA: of a patio 655 sq. ft. in size instead of the allowed 344 Consent sq. ft., and permit patio to extend 22' from the Agenda foundation instead of the maximum allowed 15' from the foundation, on property located at 2134 Elmira Street. Motion declared carried as approved unanimously under Consent Agenda. PATIO Moved by Chiropolos, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for Variation to 1390 S. Section 515.0 of the Building Code to permit construction D.P.- RIVER: of a patio 776 sq. ft. in size instead of the allowed 344 Consent sq. ft., and permit patio to extend 24' from the Agenda foundation instead of the maximum allowed 15' from the foundation, to be located in the (secondary) front yard adjacent to Forest Avenue on property located at 1390 S. Des Plaines -River Road. Motion declared carried as approved unanimously under Consent Agenda. PAGE FIVE 31. 8/19/96 PATIO Moved by Chiropolos, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for Variation to 1040 8. Section 515.0 of the Building Code to legalize newly WOLF ROAD: constructed patio addition (built without a permit) which Consent would now have a total area of 740 sq. ft. instead of the Agenda allowed 344 sq. ft.; and permit enlarged patio to extend 28.5' from the foundation instead of the maximum allowed 15' from the foundation; contingent upon petitioner obtaining a building permit and paying a double permit fee for a total of $56, on property located at 1040 S. Wolf Road. Motion declared carried as approved unanimously under Consent Agenda. PATIO Moved by Chiropolos, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for Variation to 980 Section 515.0 of the Building Code to permit construction CRABTREE: of extension to existing patio which would now have a Consent total area of 787 sq. ft. instead of the allowed 344 sq. Agenda ft., and permit enlarged patio to extend 34' from the foundation instead of the maximum allowed 15' from the foundation, on property located at 980 Crabtree Lane. Motion declared carried as approved unanimously under Consent Agenda. PATIO Moved by Chiropolos, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for Variation to 691 Section 515.0 of the Building Code to permit AMBLESIDE: reconstruction of existing patio 432 sq. ft. in size Consent instead of the allowed 344 sq. ft., and permit Agenda reconstructed patio to extend 24' on one side and 18' on the other side from the foundation instead of the maximum allowed 15' from the foundation, on property located at 691 Ambleside Road. Motion declared carried as approved unanimously under Consent Agenda. FENCE Moved by Chiropolos, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for Variation to 481 Section 6 -7 -1 of the City Code to permit construction of HARVEY: a solid, 6' high, wooden fence in front yard to extend Consent 78' along Harvey Avenue and 160' along Wolf Road frontage Agenda (Code requires front yard fences to be at least 50% open and not exceed 3 -1/2' in height), on property located at 481 Harvey Avenue. Motion declared carried as approved unanimously under Consent Agenda. FENCE Moved by Chiropolos, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for Variation to 1010 Section 6 -7 -1 of the City Code to permit rebuilding of CRABTREE: existing 6' high, cedar, solid fence in front yard (Code Consent requires front yard fences to be at least.50% open and Agenda not exceed 3 -1/2' in height) , on property located at 1010 Crabtree Lane. Motion declared carried as approved unanimously under Consent Agenda. DRIVEWAY Moved by Chiropolos, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for Variation to 201 Section 9 -3 -2 of the City Code to legalize newly WESTMERE: reconstructed 20' wide driveway at the sidewalk and 25' Consent wide at the curb (Code requires driveways to be no more Agenda than 18' in width at the sidewalk with a 3' flare to the curb), on property located at 201 Westmere Road. Motion declared carried as approved unanimously under Consent Agenda. PARKING PAD Moved by Chiropolos, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for Variation to 475 Section 111.7.1 of the Building Code to permit CAMBRIDGE: construction of a parking pad, 9' wide x 39' long and Consent 0.5' from the side property line, adjacent to existing Agenda driveway, for a total driveway /parking pad area of 20' wide (Code's maximum permitted width is 18'), on property located at 475 Cambridge Road. Motion declared carried as approved unanimously under Consent Agenda. AMENDMENT/ BID AWARD VEHICLE REPAIR LIFT: Consent Agenda JAYCEES FAIR/ ELLINWOOD PARKING LOT: Consent Agenda ORDINANCE M -29 -96 LIC. AGREE./ 50 E. ALGONQUIN: Consent Agenda ORDINANCE M -30 -96 LIC. AGREE./ 645 CASTLEREA: Consent Agenda ORDINANCE M -31 -96 LIC. AGREE./ 333 DAVIS: Consent Agenda ORDINANCE M -32 -96 LIC. AGREE./ 1110 LISMORE: Consent Agenda ORDINANCE M -33 -96 LIC. AGREE./ 127 MARINA: Consent Agenda ORDINANCE M -34 -96 LIC. AGREE./ 686 MIDDLETON: Consent Agenda PAGE SIX 32. 8/19/96 Moved by Chiropolos, seconded by Higgason, to concur with Staff recommendation to approve amendment to bid awarded on August 5, 1996, to Standard Industrial & Automotive Equipment, Inc., 820 Sivert Drive, Wood Dale, IL 60191, to Furnish and Install Vehicle Repair Lift in the bid amount of $34,875, to add an option for a Hydraulic Front Piston at a cost of $875, for a new total bid amount of $35,750 /Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Higgason, to concur with Staff recommendation to grant request from Des Plaines Area Jaycees for the use of the east end of the Bank - leased parking lot along Ellinwood Street between Lee and Pearson Streets on Saturday, September 14, 1996, from 8:00 a.m. to 4:00 p.m. for their "Party Plan Fair" fundraiser; Jaycees to provide clean -up and necessary insurance certificate. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Higgason, to adopt Ordinance 14- 29 -96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH UOP, INCORPORATED FOR THE INSTALLATION OF AN UNDERGROUND TELE /DATA CONDUIT SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 50 EAST ALGONQUIN ROAD, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Higgason, to adopt Ordinance 14- 30 -96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH DOUGLAS BAXA FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 645 CASTLEREA LANE, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Higgason, to adopt Ordinance M- 31 -96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH ARLENE MC NAB FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 333 DAVIS COURT, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Higgason, to adopt Ordinance M- 32 -96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH PATRICK O'MALLY FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 1110 LISMORE DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Higgason, to adopt Ordinance 14- 33 -96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH LOUIS LUSURDO FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC -OF -WAY IN FRONT OF 127 MARINA STREET, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Higgason, to adopt Ordinance/4-34-96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH LEONARD J. HADRA FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 686 MIDDLETON LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. PAGE SEVEN 33. 8/19/96 ORDINANCE Moved by Chiropolos, seconded by Higgason, to adopt M -35 -96 Ordinance M- 35 -96, AN ORDINANCE AUTHORIZING THE EXECUTION LIC. AGREE./ OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH KEVIN MULLARKEY 711 FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER WATERFORD: SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 711 Consent WATERFORD DRIVE, DES PLAINES, IL. Motion declared Agenda carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Chiropolos, seconded by Higgason, to adopt M -36 -96 Ordinance M- 36 -96, AN ORDINANCE AUTHORIZING THE EXECUTION LIC. AGREE./ OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH KENNETH CLARK 528 N. FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER RADCLIFFE: SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 528 N. Consent RADCLIFFE AVENUE, DES PLAINES, ILLINOIS. Motion declared Agenda carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Chiropolos, seconded by Higgason, to adopt M -37 -96 Ordinance M- 37 -96, AN ORDINANCE AMENDING SECTION 9-12 - LETTERS OF 15(D) OF CHAPTER 12 "SUBDIVISION REGULATIONS," TITLE IX, CREDIT: OF THE CITY CODE OF DES PLAINES, PERTAINING TO LETTERS Consent OF CREDIT. Motion declared carried as approved Agenda unanimously under Consent Agenda. Mayor Ted Sherwood declared that the City Council was now resolved into a Committee of the Whole PUBLIC SAFETY - Alderman Higgason, Chair VEHICLE Moved by Higgason, seconded by Elstner, to concur with IMMOBILIZA. Staff recommendation and recommend to the City Council (DENVER that the City institute a new Program of Vehicle BOOT : Immobilization and Impoundment; the Police Department be authorized to purchase two (2) immobilizing units (Denver Boot) at a cost of $450 each, for a total of $900/ Budgeted Funds; and Ordinance M -46 -96 be placed on First Reading at appropriate time. Motion declared carried (further action on this matter under Consent Agenda on September 3, 1996). EXEMPT RANK/ Mr. Ron Robinson, President of the Des Plaines Police POLICE Command Officers Assocation, addressed the City Council DEPARTMENT: stating that he does not feel this action is in the best interest of the City; someone could be removed without cause; the City could lose some of its good people to other police departments. Mr. Wayne Serbin, 835 Pearson, Street, addressed the City Council stating his concern that if someone is removed from this position and has to go back to their previous rank, there could be psychological problems -- feelings of stress, lack of self- worth. City Manager Douthwaite stated that the City has no choice in this matter; State law requires the City to put the employee back to their former position. Mr. Randy Aiken, Vice President of the local chapter of the Combined Counties Police Association, addressed the City Council stating that this action will create unknown problems; do not open this Pandora's Box. Moved by Beauvais, seconded by Curley, to concur with Staff recommendation and recommend to the City Council that the position of Police Captain hired shall be a position exempt from the Board of Fire and Police Commissioner's jurisdiction, the Police Captains be hired from the rank of Sergeant or Lieutenant from within the Des Plaines Police Department and they may be removed from the position by the Police Chief without cause; EXEMPT RANK (Cont'd.) PAGE EIGHT LEGAL & LICENSING - Alderman Beauvais, Chair PUBLIC WORKS - Alderman Elstner, Chair 34. 8/19/96 amend Section 3- 1 -4(D), Line 2, after the words Police Chief, "with the concurrence of the City Manager;" and Ordinance M -47 -96 -AS AMENDED be placed on First Reading at appropriate time. Upon roll call, the vote was: AYES: 5- Beauvais, Christiansen, Higgason, Curley, Chiropolos NAYS: 3- Elstner, Sarlo, Arredia ABSENT: 0 -None Motion declared carried (further action on this matter under Unfinished Business on September 3, 1996). LIO. LIC./ Petitioner Antonio Porretta was sworn in by the City 1290 N. Clerk and gave testimony before the City Council. NORTHWEST HIGHWAY: Moved by Curley, seconded by Chiropolos, to recommend to the City Council approval of Class H Liquor License for property located at 1290 N. Northwest Highway, d /b /a Porretta's Pizza & Pasta; and City Attorney be authorized to draft necessary ordinance. Motion declared carried (further action on this matter under Consent Agenda on September 3, 1996). REFERENDUM/ Mr. Wayne Serbin, 835 Pearson Street, addressed the City NEW RUNWAYS Council stating that nothing will come about because of AT O'HARE this action; there have been referendums before; Chicago AIRPORT: is not going to pay attention to us; we are beating our heads against a wall; waste of time. Moved by Sarlo, seconded by Arredia, to grant request of Suburban O'Hare Commission, concur with Staff recommendation and recommend to the City Council that a referendum be placed on the November 5, 1996 General Election Ballot asking the question: "Shall the Governor and the General Assembly allow Chicago to build new runways at O'Hare Airport ?:" and Resolution R -54 -96 be adopted at appropriate time this evening. Motion declared carried. AMENDMENT/ A resident at 1312 Prairie Avenue addressed the City SMOKING IN Council in support of this amendment; secondary smoke is PUBLIC not a minor problem; many elderly people have respiratory PLACES: problems; there are no safe levels of secondary smoke. Moved by Chiropolo, seconded by Higgason, to recommend to the City Council that Section 8 -17 -1: "Definitions," of Chapter 17 "Smoking in Public Places," of Title VIII of the City Code be amended to delete "(exclusive of door or passage ways);" and Ordinance M -48 -96 be placed on First Reading at appropriate time. Upon roll call, the vote was: AYES: 3- Beauvais, Higgason, Chiropolos NAYS: 5- Christiansen, Elstner, Curley, Sarlo, Arredia ABSENT: 0 -None Motion declared failed (final action on this matter under Unfinished Business on September 3, 1996). GRANT Moved by Arredia, seconded by Elstner, to concur with APPLICATION/ Staff recommendation and recommend to the City Council KEEP D.P. to authorize submission of an application to Illinois BEAUTIFUL: Lieutenant Governor's Office for matching grant funding through the "Keep Illinois Beautiful Program" in the amount of $5,000 with City matching funds in the amount of $5,000/1997 Budget; funds to provide information to all Des Plaines households about curbside collections by Waste Management- Northwest and branch, leaf and Christmas Tree recycling collections by the City's Public Works Department; Mayor and City Clerk be authorized to execute PAGE NINE GRANT APPLIC. necessary documents; and Resolution R -55 -97 be adopted (Cont'd.) at appropriate time this evening. Motion declared carried. FINANCE & ADMINISTRATION - Alderman Christiansen, Chair WARRANT Moved by Sarlo, seconded by Higgason, to concur with REGISTER: Staff recommendation and recommend to the City Council approval of August 19, 1996 Warrant Register in the amount of $1,606,943; and further recommend that Resolution R -56 -96 be adopted at appropriate time this evening. Motion declared carried. IDRB ISSUE/ Moved by Sarlo, seconded by Chiropolos, to concur with 129 RAWLS Staff recommendation and recommend to the City Council ROAD: to authorize the issuance of up to $2,000,000 Industrial Development Revenue Bonds (Finzer Roller, Inc.), Series 1996, to be loaned to FRC Real Estate Partnership to be used to acquire, construct, rehabilitate and equip an industrial project consisting of an approximately 27,800 sq. ft. roller manufacturing facility located at 129 Rawls Road; and further recommend that Ordinance M -45 -96 be adopted at appropriate time this evening. Motion declared carried. ENGINEERING - Alderman Chiropolos, Chair 35. 8/19/96 REVISED City Engineer Oakley reviewed the proposed revisions to FLOOD PLAIN Chapter 14 "Regulations for Development in Special Flood ORDINANCE: Hazard Areas," of Title IX of the City Code. Attorney Louis Capozzoli, representing the owners of Trailside Subdivision, addressed the City Council stating that these revisions will cause his client undue hardship in his efforts to develop his subdivision; the City changed the rules in the middle of the game; the City should take time with this flood plain ordinance; what about patios, garages, etc.? Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council suggesting that a grandfather clause be in the revisions; what about those people who have already started projects. Ms. Barbara McAllister, 475 Trailside Lane, addressed the City Council in support of these revisions; floods have gotten worse. Ms. Virginia Willis, 340 Bellaire Avenue, addressed the City Council stating that the petitioner for Trailside Subdivision has lived up to everything the City has asked; where is the problem; she stated that she is being held hostage by these new requirements. Mr. Richard Ahlman, 314 Columbia Avenue, addressed the City Council questioning whether the triangle project at River, Pearson, and Miner Streets will be affected by these revisions. City Engineer Oakley stated no. Moved by Beauvais, seconded by Christiansen to concur with Staff recommendation and recommend to the City Council to accept the new 100 -year flood plain elevations resulting from the Des Plaines River Feasibility Study as recommended by the Illinois Department of Natural Resources, Office of Water Resources; make several minor text changes to reflect new State Statute numbering system, as well as revisions to agency names and job titles; and further recommend to place Ordinance M -49 -96 FLOOD PLAIN (Cont'd.) WATER & SEWER CAPITAL IMPROVEMENTS: Ordinance M -50 -96 ZONING CASE 96- 21 -SU -V 1707 E. OAKTON ST.: ORDINANCE M -24 -96 - AS AMENDED PARKING/ 1723 BUSSE: ORDINANCE M -25 -96 STORING & PARKING OF VEHICLES: PAGE TEN 36. 8/19/96 on First Reading at appropriate time. Motion declared carried (further action on this matter under Consent Agenda on September 3, 1996). Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. Moved by Chiropolos, seconded by Sarlo, to concur with recommendation of Committee of the Whole held July 22, 1996, to approve the proposed Water and Storm Sewer Capital Improvements; Water Improvements to be completed over twenty -five (25) years and Sewer Improvements to be completed over thirty (30) years, at a $.53 per 100 C.F. increase to homeowners, with contribution of approximately $1.6 million from retained earnings of the Water Fund; and further recommend to place on First Reading Ordinance M- 50 -96, AN ORDINANCE AMENDING SECTION 3- 4 -20(A) AND (B) OF CHAPTER 4 ( "WATER DEPARTMENT "), TITLE III OF THE CITY CODE OF DES PLAINES BY ADJUSTING THE WATER RATES. Moved by Curley, seconded by Higgason, to adopt a substitute motion that the Water and Sewer Improvements be separated and treated as two projects and this matter be postponed for discussion during the up- coming budget hearings. Upon roll call, the vote was: AYES: 4- Christiansen, Elstner, Higgason, Curley, NAYS: 3- Sarlo, Chiropolos, Arredia ABSENT: 1- Beauvais Motion declared carried (motion ultimately declared failed under action taken later in meeting; see Page Twelve). Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole held August 5, 1996, re Zoning Case 96- 21 -SU -V, to DENY request for a Special Use to permit a Class B restaurant on property located at 1707 E. Oakton Street, and a Variation to permit two (2) parking spaces instead of the required eight (8) parking spaces. Motion declared carried. Moved by Chiropolos, seconded by Sarlo, to adopt Ordinance M -24 -96 - AS AMENDED, AN ORDINANCE AMENDING SECTION 9 -10 -2 "PARKWAYS; PARKING OF VEHICLES," OF CHAPTER 10 "PARKWAYS," TITLE IX, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO EXCEPTION DUE TO UNIQUE CIRCUMSTANCES. Moved by Sarlo, seconded by Chiropolos, to adopt a substitute motion that this matter be postponed until September 3, 1996. Upon roll call, the vote was: AYES: 2- Sarlo, Chiropolos NAYS: . 5- Christiansen, Elstner, Higgason, Curley, Arredia ABSENT: 1- Beauvais Motion. declared failed. Upon roll call on the original motion, the vote was: AYES: 2- Sarlo, Chiropolos NAYS: 5- Christiansen, Elstner, Higgason, Curley, Arredia ABSENT: 1- Beauvais Motion declared failed. Moved by Chiropolos, seconded by Sarlo, to adopt Ordinance M- 25 -96, AN ORDINANCE AMENDING SECTION 8 -9- 19(K) "MOTOR VEHICLES /BOATS," OF CHAPTER 9, TITLE VIII, OF THE CITY CODE OF DES PLAINES, FOR THE PURPOSE OF UPDATING THE WORDAGE CONTAINED IN SAID SECTION. P�' PAGE ELEVEN M - 25 - 96 Upon roll call, the vote was: (Cont'd.) AYES: 2- Sarlo, Chiropolos NAYS: 5- Christiansen, Elstner, Higgason, Curley, Arredia ABSENT: 1- Beauvais Motion declared failed. 37. 8/19/96 ORDINANCE Moved by Arredia, seconded by Elstner, to amend Ordinance Z - 11 - 96 Z- 11 -96, Section 3, to indicate that the $2,000 fine will 623 - 627 N. be paid by Norwood Builders, owners of the property. WOLF RD.: Moved by Chiropolos, seconded by Arredia, to suspend the rules to permit public input on this matter. Motion declared carried. The owner of the White Star Restaurant addressed the City Council stating that he has never added any additional seating; his restaurant seats 48; the owner of the property requested the parking variation; there seems to be some confusion. Moved by Christiansen, seconded by Sarlo, that this matter be postponed to September 3, 1996. Motion declared carried (this matter will come under Unfinished Business on September 3, 1996). REFERENDUM/ Moved by Curley, seconded by Sarlo, to concur with NEW RUNWAYS recommendation of Committee of the Whole that a AT O'HARE referendum be placed on the November 5, 1996 General AIRPORT: Election Ballot asking the question: "Shall the Governor and the General Assembly allow Chicago to build new Resolution runways at O'Hare Airport ? :" and adopt Resolution R -54- R 96, A RESOLUTION PROVIDING FOR AND REQUIRING THE SUBMISSION OF AN ADVISORY QUESTION OF PUBLIC POLICY TO THE ELECTORS OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, AT THE GENERAL ELECTION SCHEDULED TO BE HELD ON TUESDAY, NOVEMBER 5, 1996. Motion declared carried. RECESS: At the request of Alderman Sarlo, Mayor Sherwood called for a five (5) minute recess. Council recessed at 11:05 p.m. Council reconvened at 11:10 p.m. GRANT Moved by Elstner, seconded by Sarlo, to concur with APPLICATION/ recommendation of Committee of the Whole to authorize KEEP D.P. submission of an application to Illinois Lieutenant BEAUTIFUL: Governor's Office for matching grant funding through the "Keep Illinois Beautiful Program" in the amount of $5,000 Resolution with City matching funds in the amount of $5,000/1997 R - 55 - 96 Budget; funds to provide information to all Des Plaines households about curbside collections by Waste Management- Northwest and branch, leaf and Christmas Tree recycling collections by the City's Public Works Department; Mayor and City Clerk be authorized to execute necessary documents; and adopt Resolution R- 55 -96, A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF ILLINOIS LIEUTENANT GOVERNOR'S OFFICE FOR GRANT FUNDING AVAILABLE THROUGH THE "KEEP ILLINOIS BEAUTIFUL PROGRAM," AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENTS AS ARE NECESSARY TO CAUSE SAID APPLICATION TO BE CONSIDERED. Motion declared carried. WARRANT Moved by Christiansen, seconded by Sarlo, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R- 56 -96, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R - 56 - 96 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $1,606,943. R -56 -96 (Cont'd.) IDRB ISSUE/ 129 RAWLS ROAD: Ordinance M -45 -96 WATER & SEWER CAPITAL IMPROVEMENTS: Ordinance M -50 -96 AMENDED ACTION PAGE TWELVE 38. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. 8/19/96 Moved by Christiansen, seconded by Sarlo, to concur with recommendation of Committee of the Whole to authorize the issuance of up to $2,000,000 Industrial Development Revenue Bonds (Finzer Roller, Inc.), Series 1996, to be loaned to FRC Real Estate Partnership to be used to acquire, construct, rehabilitate and equip an industrial project consisting of an approximately 27,800 sq. ft. roller manufacturing facility located at 129 Rawls Road, and place on First Reading Ordinance M- 45 -96. Motion declared carried. Moved by Christiansen, seconded by Sarlo, to advance to Second Reading and adopt Ordinance M- 45 -96, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $2,000,000 PRINCIPAL AMOUNT VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS (FINZER ROLLER, INC. PROJECT), SERIES 1996, BY THE CITY OF DES PLAINES, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS UNDER SECTION 6(a) OF ARTICLE VII OF THE CONSTITUTION OF THE STATE OF ILLINOIS AND IN CONFORMANCE WITH ORDINANCE NO. M- 32 -81, ADOPTED JUNE 15, 1981; AUTHORIZING THE LENDING OF THE PROCEEDS OF SAID BONDS TO FRC REAL ESTATE PARTNERSHIP (THE "BORROWER "), AN ILLINOIS GENERAL PARTNERSHIP, FOR THE PURPOSE OF FINANCING A PROJECT THAT CONSISTS OF THE CONSTRUCTION, RENOVATION, EXPANSION AND EQUIPPING OF LAND AND EXISTING MANUFACTURING BUILDING LOCATED WITHIN THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS (THE "PROJECT "), WHICH PROJECT WILL BE USED IN THE BUSINESS OF FINZER ROLLER, INC., AN ILLINOIS CORPORATION (THE "COMPANY "), AS A MANUFACTURER OF ROLLER COVERINGS; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING SAID BOND; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE BORROWER AND THE COMPANY; CONFIRMING THE SALE OF SAID BOND TO THE PURCHASER THEREOF PURSUANT TO A PLACEMENT AGREEMENT; APPROVING RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS; AND PRESCRIBING OTHER MATTERS RELATED THERETO. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. Mayor Sherwood stated that according to Chapter 5, Section 1- 5 -2(B) of the City Code, his name should have been called for a vote on the motion presented earlier in the evening: "Moved by Curley, seconded by Higgason, to adopt a substitute motion that the Water and Sewer Improvements be separated and treated as two projects and this matter be postponed for discussion during the up- coming budget hearings." Upon a vote of 4 ayes and 3 nays, this motion was declared carried. Mayor Sherwood asked City Attorney Wiltse for a legal opinion as to whether he could now vote on this matter. City Attorney Wiltse stated that it was his legal opinion that Mayor Sherwood was entitled to vote, thus the roll call was incomplete and his name should now be called for a vote. City Clerk McAllister called Mayor Sherwood's name and Mayor Sherwood voted no. This no vote created a tie vote, which resulted in the motion being declared failed (all tie votes are considered failed motions). G�" WATER & SEWER (Cont'd.) COUNCIL PACKETS: EXECUTIVE SESSION MINUTES: APPRO DAY 0 Ted Sherwood, MAYOR PAGE THIRTEEN 8/19/96 This action brought the original motion, made earlier in the evening, back to the floor. Moved by Chiropolos, seconded by Sarlo, to concur with recommendation of Committee of the Whole held July 22, 1996, to approve the proposed Water and Storm Sewer Capital Improvements; Water Improvements to be completed over twenty -five (25) years and Sewer Improvements to be completed over thirty (30) years, at a $.53 per 100 C.F. increase to homeowners, with contribution of approximately $1.6 million from retained earnings of the Water Fund; and further recommend to place on First Reading Ordinance M- 50 -96, AN ORDINANCE AMENDING SECTION 3- 4 -20(A) AND (B) OF CHAPTER 4 ( "WATER DEPARTMENT "), TITLE III OF THE CITY CODE OF DES PLAINES BY ADJUSTING THE WATER RATES. Upon roll call, the vote was: AYES: 4- Sarlo, Chiropolos, Arredia, Sherwood NAYS: 4- Christiansen, Elstner, Higgason, Curley ABSENT: 1- Beauvais Motion declared failed. WAIVER OF Moved by Sarlo, seconded by Christiansen, that the Real REAL ESTATE Estate Transfer Tax Fees be waived for properties located TRANSFER in the unincorporated area of Des Plaines on that portion TAX FEE: of Robin Drive, that portion of Dee Road and that portion of Sumac Alley, deeded to Maine Township for roadway improvements. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. Moved by Curley, seconded by Higgason, that the Council packet delivered to the aldermen the Thursday before every Council meeting, be changed to a Tuesday delivery date. Motion declared failed. Moved by Curley, seconded by Sarlo, to concur with the recommendation of the City Attorney and authorize the release of part or all of the following minutes of Executive Sessions for public inspection: January 20, 1992 - Law Suit (all parts now released) July 6, 1993 - Collective Bargaining - Des Plaines Firefighters' Association March 21, 1994 - Acquisition of Property - Des Plaines Mall (all parts released) April 11, 1994 - Acquisition of Des Plaines Mali (all parts released) January 16, 1995 - Executive Session Minutes, Law Department Seybert v. Krystof v. released) - Employment Quarterly Report, Spielman and City, and City (all parts of Assistant City Attorney (all parts released) December 18, 1995 - Pending Litigation -Hype, Inc. (all parts released) Motion declared carried. March 6, 1995 ADJOURNMENT: Moved by Chiropolos, seconded by Sarlo, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:40 p.m. BY ME THIS 1996 Donna McAllister, CMC /AAE - CITY CLERK