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12/02/199679. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 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 Monday, December 2, 1996. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. Also present were: City Manager Douthwaite, City Accountant Jett, Police Chief Sturlini, Fire Chief Farinella, Public Works Director Shirley, Community Development Director D'Onofrio, City Engineer Oakley, Human Resources and Services Director Merriman and City Attorney Wiltse. PRAYER AND PLEDGE: PRESENTATION/ SWEARING IN: PUBLIC HEARING/ 1997 APPROPRIA- TIONS: CALL TO ORDER: DISCUSSION: CONSENT AGENDA: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Police Chief Sturlini introduced Police Officer Michael Mellenthin, the handler for the newest addition to the Police Department, a 2 -year old male German Shepherd. Officer Mellenthin introduced "Xenion" to the City Council and explained some of the ways the dog will be used, i.e. narcotics searches, tracking and crowd control. City Clerk McAllister then administered the oath of office to Officer Mellenthin on behalf of " Xenion." MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 2, 1996 Mayor Sherwood called the Public Hearing to order at 7:09 p.m. The Public Hearing was held pursuant to legal notice to give citizens the opportunity to comment on the Proposed 1997 Appropriations Ordinance for fiscal year beginning January 1, 1997. City Manager Douthwaite gave a brief overview. Mayor Sherwood asked for public comment. There was none. The Public Hearing adjourned at 7:12 p.m. The City Council reconvened at 7:13 p.m. Mayor Sherwood requested that Item 6 be Consent Agenda. Moved by Higgason, seconded by Sarlo, Consent Agenda except for Item 6. carried. removed from the to establish a Motion declared Moved by Beauvais, seconded by Elstner, 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; and Ordinance T -9 -96 and Resolution R -67 -96 are adopted. MINUTES: Consent Agenda TAXI SERVICE PROGRAM FOR SENIOR CITIZENS/ COMMUNITY CAB CO.: Consent Agenda PUBLIC IMPROVEMENTS / McKAY SUBDIVISION Consent Agenda Resolution R -67 -96 SURETY REDUCTION/ DELGADO RESUBDIV.: Consent Agenda LETTER OF INTENT/ JURISDICTION. TRANSFER OF OAKTON ST.: BID AWARD/ PARK PLACE PARKING °LOT LIGHTING: Consent Agenda BID AWARD/ LUBRICATION REEL BANK MACHINE: Consent Agenda PAGE TWO 80. 12/2/96 Moved by Beauvais, seconded by Elstner, to approve minutes of regular meeting of the City Council held November 18, 1996, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Elstner, to approve minutes of Executive Session of the City Council held November 18, 1996. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Elstner, to concur with recommendation of Committee of the Whole held November 18, 1996, that the matter of the Taxi Service Program for Senior Citizens be postponed for further review by Staff and then discussed again at a Committee of the Whole meeting to be held Monday, December 9, 1996. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Elstner, to concur with Staff recommendation to accept public improvements that include the construction of a storm sewer for McKay Subdivision, 2234 Westview Drive, and release cash warranty of $736.60 and cash guarantee of $300; and further recommend to adopt Resolution R- 67 -96, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS IN THE McKAY SUBDIVISION, SOUTHWEST CORNER OF JARVIS AVENUE AND WESTVIEW DRIVE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Elstner, to concur with Staff recommendation to grant request that public improvement surety be reduced by 77% or $16,118, for Delgado Second Resubdivision, 2169 S. Wolf Road, which includes storm and sanitary sewers and a water service. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Christiansen, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Letter of Intent with the Illinois Department of Transportation (IDOT) which is necessary for the preparation of the agreement for the jurisdictional transfer of Oakton Street between Lee - Mannheim Road and River Road; said Letter of Intent details the cost responsibilities between the City and State for the various elements of the street reconstruction. 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. Moved by Beauvais, seconded by Elstner, to concur with Staff recommendation to award bid for Lighting Improvement for Park Place Parking Lot to the lowest bidder, H & H Electric Company, 2830 Commerce Street, Franklin Park, IL 60131, for the total bid amount of $14,125/1996 Parking Fund Budget. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Elstner, to concur with Staff reccomendation to award bid for Furnishing and Installing Lubrication Reel Bank Machine to the lowest bidder, Wadhams Sales and Service, 6 S 141 Park Meadow Drive, Naperville, IL 60540, for the bid amount of $7,392, plus a faster pumping hydraulic fluid control valve in the amount of $120, for a total amount of $7,512/1996 Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. PAGE THREE 81. 12/2/96 ORDINANCE Moved by Beauvais, seconded by Elstner, to adopt T -9 -96 Ordinance T -9 -96, AN ORDINANCE AMENDING SECTION 10- 7 -3(A) ADDING "ONE -WAY STOP STREETS," OF CHAPTER 7, TITLE X, OF THE VARIOUS CITY CODE OF DES PLAINES, TO ADD THERETO "LONGFORD DRIVE STOP STS.: (WESTBOUND) AT WOLF ROAD," "KYLEMORE DRIVE (WESTBOUND) Consent AT WOLF ROAD," "CARLOW DRIVE (SOUTHBOUND) AT CENTRAL Agenda ROAD," "ALBANY LANE (SOUTHBOUND) AT RAND ROAD," "BERKSHIRE LANE (WESTBOUND) AT WOLF ROAD," "RADCLIFFE AVENUE (NORTHBOUND) AT GOLF ROAD," "CITADEL COURT (SOUTHBOUND) AT THACKER STREET," "DOREEN DRIVE (NORTHBOUND) AT ALGONQUIN ROAD," "STARK PLACE (SOUTHBOUND) AT ALGONQUIN ROAD," AND "CLARK LANE (NORTHBOUND) AT THACKER STREET." 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 FINANCE & ADMINISTRATION - Alderman Christiansen, Chair 1997 Moved by Sarlo, seconded by Beauvais, to concur with APPROPRIA- Staff recommendation and recommend to the City Council TIONS: to approve proposed 1997 Appropriations Ordinance in the amount of $60,622,556; and Ordinance M -72 -96 be placed on First Reading at appropriate time this evening. Motion declared carried. 1996 TAX Moved by Sarlo, seconded by Elstner, to concur with Staff LEVY: recommendation and recommend to the City Council approval of the 1996 Tax Levy in the sum of $15,246,293; and Ordinance M -73 -96 be placed on First Reading at appropriate time this evening. Motion declared carried. ABATEMENT/ Moved by Sarlo, seconded by Elstner, to concur with Staff 1990 GO recommendation and recommend to the City Council BONDS: abatement of 1990 General Obligation Corporate Purpose Bonds, in the amount of $220,000 of the $470,407.50 levy, as provided in Ordinance M- 45 -90; and Ordinance M -74 -96 be placed on First Reading at appropriate time this evening. Motion declared carried. ABATEMENT/ Moved by Sarlo, seconded by Elstner, to concur with Staff 1991 GO recommendation and recommend to the City Council BONDS: abatement of 1991 General Obligation Corporate Purpose Bonds in the sum of $332,400 of the $471,060 levy, as provided in Ordinance M- 53 -91; and Ordinance M -75 -96 be placed on First Reading at appropriate time this evening. Motion declared carried. ABATEMENT/ Moved by Sarlo, seconded by Elstner, to concur with Staff 1993 GO recommendation and recommend to the City Council BONDS: abatement of 1993 General Obligation Corporate Purpose Bonds in the sum of $84,671 of the $527,150 levy, as provided in Ordinance M- 15 -93; and Ordinance M -76 -96 be placed on First Reading at appropriate time this evening. Motion declared carried. ABATEMENT/ Moved by Sarlo, seconded by Elstner, to concur with Staff 1994 GO recommendation and recommend to the City Council BONDS: abatement of 1994 General Obligation Corporate Purpose Bonds, Series 1994A and Series 1994E in the sum of $101,488 for the Series 1994A and $692,102 for the Series 1994B, as provided in Ordinance M- 88 -96; and Ordinance M -77 -96 be placed on First Reading at appropriate time this evening. Motion declared carried. ook PAGE FOUR 82. LEGAL & LICENSING - Alderman Beauvais, Chair 12/2/96 ABATEMENT/ Moved by Sarlo, seconded by Elstner, to concur with Staff 1996 GO recommendation and recommend to the City Council BONDS: abatement of 1996 General Obligation Corporate Purpose Bonds, Series 1996A and Series 1996B in the sum of $287,937 for the Series 1996A and $72,507 for the Series 1996B, as provided in Ordinance M- 64 -96; and Ordinance M -78 -96 be placed on First Reading at appropriate time this evening. Motion declared carried. WARRANT Moved by Beauvais, seconded by Elstner, to concur with REGISTER: Staff recommendation and recommend to the City Council approval of December 2, 1996 Warrant Register, in the amount of $1,911,793.44, and further recommend that Resolution R -68 -96 be adopted at appropriate time this evening. Motion declared carried LIO. LIC./ Petitioners Gus N. Tingos and George Gavrielides were 769 sworn in by the City Clerk and gave testimony before the HOLIDAY City Council. LANE: Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation and recommend to the City Council approval of Class A Liquor License for property located at 769 Holiday Lane, d /b /a Frankies Two, contingent upon verification of fingerprints. Motion declared carried (final action on this matter under Consent Agenda on December 16, 1996). COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair ZONING CASE Attorney Harry Chickerneo, Chickerneo and Fosco, 350 W. 96 -37 -SU Kensington, #120, Mt. Prospect, IL, representing the 1556 PARK petitioner, Miracle House, Inc., and Peggy Seeley, PLACE: president of Miracle House, Inc., addressed the City Council regarding their request for a Special Use to permit the operation of a sheltered care center in the C -4 Central Business District. Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Des Plaines Plan Commission and Zoning Board of Appeals and recommend to the City Council, re Zoning Case 96- 37 -SU, to grant request for a Special Use to permit the operation of a sheltered care center in the C -4 Central Business District on property located at 1556 Park Place, d /b /a Miracle House, Inc. Motion declared carried (further action on this matter under Unfinished Business on December 16, 1996). Alderman Chiropolos voted no. Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. PROPOSED Moved by Beauvais, seconded by Christiansen, to concur NEWSBOX with recommendation of Committee of the Whole held ORDINANCE: November 18, 1996, that consideration of the proposed newsbox ordinance be postponed for 90 days in order for the Staff to research ordinances other communities are using and how they are enforced, and the cost of modular newsboxes. Moved by Chiropolos, seconded by Higgason, to suspend the rules to permit public input on this matter. Motion declared carried. ok, PAGE FIVE 83. 12/2/96 NEWSBOXES Mr. John Yaccino, 1779 Cora Street, addressed the City Cont'd.) Council stating that he has no problem with the newsboxes around town; he ignores them; he doesn't use them; he goes to the store for his paper; this is a big waste of the City's time. Alderman Chiropolos suggested that the Staff also meet with the local newspapers for their input. Original motion declared carried (further action on this matter under Committee of the Whole on February 18, 1997) . COMMUNITY Moved by Curley, seconded by Higgason, to concur with EVENTS recommendation of Committee of the Whole held November SIGN: 18, 1996, to reject the two (2) bids received for the new Community Events Sign and Staff be authorized to prepare specifications for a Community Events Sign similar to the present sign and determine who would maintain and monitor the sign. Motion declared carried. Alderman Chiropolos voted no. Mayor Sherwood expressed his opposition to this decision. 1997 Moved by Christiansen, seconded by Chiropolos, to concur APPROPRIA- with recommendation of Committee of the Whole to approve TIONS: proposed 1997 Appropriations Ordinance in the amount of $60,622,556; and place on First Reading Ordinance M -72- Ordinance 96, AN ORDINANCE MARKING APPROPRIATIONS TO DEFRAY THE M -72 -96 EXPENSES OF THE CITY OF DES PLAINES FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR ENDING DECEMBER 31, 1997. Motion declared carried (final action on this matter under Consent Agenda on December 16, 1996). 1996 TAX Moved by Christiansen, seconded by Chiropolos, to concur LEVY: with recommendation of Committee of the Whole to approve the 1996 Tax Levy in the sum of $15,246,293; and place Ordinance on First Reading Ordinance M- 73 -96, AN ORDINANCE LEVYING M -73 -96 TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1996 AND ENDING DECEMBER 31, 1996. Motion declared carried (final action on this matter under Consent Agenda on December 16, 1996). ABATEMENT/ Moved by Christiansen, seconded by Chiropolos, to concur 1990 GO with recommendation of Committee of the Whole to abate BONDS: 1990 General Obligation Corporate Purpose Bonds, in the amount of $220,000 of the $470,407.50 levy, as provided Ordinance in Ordinance M- 45 -90; and place on First Reading M -74 -96 Ordinance M- 74 -96, ABATEMENT OF 1996 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1990. Motion declared carried (final action on this matter under Consent Agenda on December 16, 1996). ABATEMENT/ Moved by Christiansen, seconded by Chiropolos, to concur 1991 GO with recommendation of Committee of the Whole to abate BONDS: 1991 General Obligation Corporate Purpose Bonds, in the sum of $332,400 of the $471,060 levy, as provided in Ordinance Ordinance M- 53 -91; and place on First Reading Ordinance M -75 -96 M- 75 -96, ABATEMENT OF 1996 TAX LEVY FOR 1991 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried (final action on this matter under Consent Agenda on December 16, 1996). ABATEMENT/ Moved by Christiansen, seconded by Chiropolos, to concur 1993 GO with recommendation of Committee of the Whole to abate BONDS: 1993 General Obligation Corporate Purpose Bonds, in the sum of $84,671 of the $527,150 levy, as provided in Ordinance Ordinance M- 15 -93; and place on First Reading Ordinance M -76 -96 M- 76 -96, ABATEMENT OF 1996 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1993. Motion declared carried (final action on this matter under Consent Agenda on December 16, 1996). PAGE SIX 12/2/96 ABATEMENT/ Moved by Christiansen, seconded by Chiropolos, to concur 1994 GO with recommendation of Committee of the Whole to abate BONDS: 1994 General Obligation Corporate Purpose Bonds, Series 1994A and Series 1994B, in the sum of $101,488 for the Ordinance Series 1994A and $692,102 for the Series 1994B, as M -77 -96 provided in Ordinance M- 88 -94; and place on First Reading Ordinance M- 77 -96, ABATEMENT OF 1996 TAX LEVY FOR GENERAL OBLIGATION PURPOSE BONDS SERIES 1994A - SERIES 1994B. Motion declared carried (final action on this matter under Consent Agenda on December 16, 1996). ABATEMENT/ Moved by Christiansen, seconded by Chiropolos, to concur 1996 GO with recommendation of Committee of the Whole to abate BONDS: 1996 General Obligation Corporate Purpose Bonds, Series 1996A and Series 1996B, in the sum of $287,937 for the Ordinance Series 1996A and $72,507 for the Series 1996B, as M -78 -96 provided in Ordinance M- 64 -96; and place on First Reading Ordinance M- 78 -96, ABATEMENT OF 1996 TAX LEVY FOR GENERAL OBLIGATION PURPOSE BONDS SERIES 1996A - SERIES 1996B. Motion declared carried (final action on this matter under Consent Agenda on December 16, 1996). WARRANT Moved by Christiansen, seconded by Sarlo, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R- 68 -96, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R -68 -96 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $1,911,793.44. 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. EXECUTIVE Moved by Beauvais, seconded by Chiropolos, to go into SESSION: Executive Session to discuss collective bargaining and 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. Council recessed at 8:42 p.m. Council reconvened at 10:50 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. COLLECTIVE Moved by Beauvais, seconded by Christiansen, that Staff BARGAINING: and City's labor negotiator proceed as directed in Executive Session. Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Elstner, Sarlo, Chiropolos, Arredia NAYS: 3- Higgason, Curley, Sherwood ABSENT: 0 -None Motion declared carried. PENDING Moved by Beauvais, seconded by Curley, to reject proposed LITIGATION/ settlement offer re Caputo v. City as presented in CAPUTO V. Executive Session. Upon roll call, the vote was: CITY: AYES: 6- Beauvais, Christiansen, Higgason, Curley, Arredia, Sherwood NAYS: 3- Elstner, Sarlo, Chiropolos ABSENT: 0 -None Motion declared carried. 10, 1 1 PAGE SEVEN 12/2/96 ADJOURNMENT: Moved by Curley, seconded by Elstner, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:55 p.m. APPROVED BY ME THIS I V Ted Sherwood, MAYOR Donna McAllister, CMC /AAE - CITY CLERK