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01/20/1997PRAYER AND PLEDGE: CONSENT AGENDA: 106. 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, JANUARY 20, 1997 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by City Clerk McAllister at 7:00 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, January 20, 1997. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. Also present were: City Treasurer Fredricks, City Manager Douthwaite, Assistant to the City Manager Carter, Director of Economic Development Klaus, Director of Finance & Administration Egeberg, Police Chief Sturlini, Fire Chief Farinella, Public Works Director Shirley, Community Development Director D'Onofrio, City Engineer Oakley, Human Resources and Services Director Merriman, Assistant City Attorney Gruber and City Attorney Wiltse. ELECTION OF Moved by Sarlo, seconded by Curley, to elect Alderman MAYOR Chiropolos as Mayor Pro Tem in the temporary absent of PRO TEM: Mayor Sherwood. Motion declared carried. The opening prayer was given by Captain Andy Miller, The Salvation Army, followed by the Pledge of Allegiance to the Flag. Moved by Sarlo, seconded by Arredia, to establish a Consent Agenda. Motion declared carried. Moved by Sarlo, seconded by Curley, 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 -1 -97 was adopted, and Ordinance Z -1 -97 was placed on First Reading. MINUTES: Moved by Sarlo, seconded by Curley, to approve minutes Consent of regular meeting of the City Council held January 6, Agenda 1997, as published. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE Moved by Sarlo, seconded by Curley, to concur with 96 -41 -V recommendation of Committee of the Whole held January 6, 1646 LINDEN: 1997, re Zoning Case 96 -41 -V, to grant request for Consent variation to permit reduction of required lot frontage Agenda from 45' to 30' and the total lot area from required 5,625 sq. ft. to 3,810 sq. ft. for Lot #1, contingent Ordinance upon: Z -1 -97 1. That all future property improvements comply with requirements of the zoning ordinance and building code; and 2. That the variations granted by the Des Plaines Zoning Board of Appeals on December 10, 1996, that the 0.01° north side yard setback and the 16.35' front yard setback only apply to the existing structure and any new structure is required to comply with all setback requirements; all for property located at 1646 Linden Street in R -3 Two Family Residence District; and further recommend to place on First Reading Ordinance Z -1 -97, AN ORDINANCE GRANTING VARIATIONS TO SECTIONS 3.3.4.1, 3.3.4.2, AND 3.3.4.3 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT A REDUCTION OF THE REQUIRED FRONTAGE FROM 45' TO 30', A PAGE TWO 107. 1/20/97 1646 LINDEN REDUCTION OF THE TOTAL LOT AREA FROM THE REQUIRED 5,625 (Cont'd.) SQ. FT. TO 3,810 SQ. FT., AND TO PERMIT A FRONT YARD OF 16.35 FT. AND SIDE YARD (NORTH) OF 0.01 FT. ON LOT 1 OF THE PROPOSED LINDEN STREET RESUBDIVISION, IN R -3 TWO FAMILY RESIDENCE DISTRICT, FOR THE PROPERTY AT 1646 LINDEN STREET (CASE NO. 96- 41 -V). Motion declared carried as approved unanimously under Consent Agenda. PUBLIC OFF. Moved by Sarlo, seconded by Curley, to concur with Staff & POLICE recommendation to accept proposals from Service Insurance PROFESSIONAL Agency, 1655 N. Arlington Heights Road, Arlington INSURANCE: Heights, IL 60004, for the following insurance policies Consent with National Casualty Company, beginning February 1, Agenda 1997 through January 31, 1998: Public Officials Liability - $27,740 and Police Professional Liability - $43,477, for a total of $71,217/1997 Risk Management Fund. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ Moved by Sarlo, seconded by Curley, to concur with Staff RADIOS FOR recommendation to award bid for purchase of Ten (10) FIRE DEPT.: Motorola HT 1000 Portable Radios with Various Accessories Consent for the Fire Department to the lowest bidder, Agenda Communications Direct, 735 Hunter Drive, Unit F, Batavia, IL 60510, in the total bid amount of $10,490.50/1997 Budget. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ Moved by Sarlo, seconded by Curley, to concur with Staff BOAT AND recommendation to award bid for purchase of One (1) TRAILER FOR Zodiak MK III "Grand Raid III" Inflatable Boat and FIRE DEPT.: Trailer for the Fire Department to the lowest bidder to Consent meet specifications, Offshore, 2333 W. North Avenue, Agenda Chicago, IL 60647, in the total bid amount of $8,180/1997 CERF Funds. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ Moved by Sarlo, seconded by Curley, to concur with Staff POLICE recommendation to award bid for Two (2) 1997 Police MOTORCYCLES: Pursuit Motorcycles, to the lowest bidder, Chicago Consent Harley- Davidson, Inc., 6868 N. Western Avenue, Chicago, Agenda IL 60645, in the total bid amount of $24,348.78/1997 Budget. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISING Moved by Sarlo, seconded by Curley, to concur with Staff FOR BIDS: recommendation that City Clerk be authorized to advertise Consent for bids for 1997 Street Improvements, returnable by 3:00 Agenda p.m., Wednesday, February 19, 1997. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Curley, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Four (4) Copying Machines (for the Mayor's Office, Library, Community Development and Finance Department), returnable by 3:00 p.m., Monday, February 10, 1997. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Curley, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) Portable Air Compressor, returnable by 3:00 p.m., Friday, February 14, 1997. Motion declared carried as approved unanimously under Consent Agenda. REAPPOINT- Moved by Sarlo, seconded by Curley, to approve Mayoral MENTS: reappointments to the DES PLAINES YOUTH COMMISSION of Consent Marlene Pasdo, Rhonda Popko and Karen Briskey, all terms Agenda to expire December 31, 1999. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE T -1 -97 PARKING REBTRIC./ PEARSON ST.: Consent Agenda DECK VARIATION/ 1893 ILLINOIS: PUMP REPLAC./ OAKTON ST. DETENTION BASIN: PAGE THREE Moved by Sarlo, seconded by Curley, to adopt Ordinance T -1 -97, AN ORDINANCE AMENDING SECTION 10- 5- 5(E)2. OF SCHEDULE II, CHAPTER 5, TITLE X, OF THE CITY CODE OF DES PLAINES, TO DELETE THEREFROM "PEARSON STREET, ELLINWOOD STREET SOUTH TO THE ALLEY, WEST SIDE OF THE STREET," AND "PEARSON STREET, PRAIRIE AVENUE TO A POINT 125 FT. SOUTH OF ELLINWOOD STREET, EAST SIDE OF THE STREET;" AND FURTHER AMENDING SECTION 10- 5- 5(F)2. OF SAID SCHEDULE II TO ADD THERETO "PEARSON STREET, ELLINWOOD STREET SOUTH TO THE ALLEY, WEST SIDE OF THE STREET," AND "PEARSON STREET, PRAIRIE AVENUE TO A POINT 125 FT. SOUTH OF ELLINWOOD STREET, EAST SIDE OF THE STREET." Motion declared carried as approved unanimously under Consent Agenda. Mayor Pro Tem Chiropolos declared that the City Council was now resolved into a Committee of the Whole BUILDING CODE - Alderman Arredia, Chair Petitioner Isolian Blihovde addressed the City Council regarding her request for an after - the -fact variation to Section 516.0 of the Building Code to permit reconstruction of existing deck, 9.75' wide and 19.60' in length, which extends 5' into the side yard; and is further requesting to legalize the existence of a deck, 27.9' by 15.15', in the rear yard which extends almost side lot line to side lot line (code requires decks to maintain a 5' setback from a property line), all on property located at 1893 Illinois Street. Ms. Blihovde stated that she was not aware that a permit was needed for this work; she had a handyman do it, not a professional contractor. Ms. Blihovde also stated that her neighbors have no problem with these decks; they are very nice; beautify the area. Moved by Sarlo, seconded by Curley, to recommend to the City Council to grant request for an after - the -fact variation to Section 516.0 of the Building Code to permit a reconstructed existing deck, 9.75' wide x 19.60' long, which extends 5' into the side yard, to remain; and further grant request to legalize the existence of a deck, 27.9' x 15.15', in the rear yard which extends almost side lot line to side lot line (code requires decks to maintain a 5' setback from a property line); contingent upon petitioner obtaining a building permit and paying a double permit fee (fee will be based on the value of the deck plus $22.00); all for property located at 1893 Illinois Street. Motion declared carried (final action on this matter under Unfinished Business on February 3, 1997). Alderman Christiansen voted no. PUBLIC WORKS - Alderman Elstner, Chair 108. 1/20/97 Moved by Arredia, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council to accept proposal from Peerless - Midwest, Inc., 51255 Bittersweet Road, P.O. Box 26, Granger, IN 46530, for purchase of One (1) Crissifulli Dewater Pump for the Oakton Street Detention Basin, located south of City's water tower, just west of Mt. Prospect Road on Oakton Street, to replace 20+ year old vertical manhole -style pump, in the amount of $16,820/1997 Sewer Division Funds; and usual bid procedures be waived. Motion declared carried (final action on this matter under Consent Agenda on February 3, 1997). csk PAGE FOUR 109. 1/20/97 CIVIC CENTER Moved by Christiansen, seconded by Beauvais, to concur AIR CONDIT. with Staff recommendation and recommend to the City SYSTEM: Council to accept proposal, in the amount of $7,000, from WCW Engineers, Inc., 1105 Tower Lane, Bensenville, IL 60106, for specification preparation, bid review and award recommendation for replacement of existing Air Cooled Condensing Units of Civic Center Air Conditioning System (this project is Option No. 1 of WCW Engineers' study authorized by the City Council on July 1, 1996). Motion declared carried (final action on this matter under Consent Agenda on February 3, 1997). PUBLIC WKS. Moved by Arredia, seconded by Sarlo, to concur with Staff STANDBY recommendation and recommend to the City Council that GENERATOR: funds in the amount of $49,261 be allocated from the 1997 General Fund Contingency Account to pay for the balance due on the new Standby Generator and Transfer Switch awarded to R. Lederleitner, Ltd., 700 E. Northwest Highway, Arlington Heights, IL 60004, on September 16, 1996, because the generator installation will not be completed until late January or early February of 1997 due to ordering and delivery delays, and these monies were returned to the General Fund Reserve when they were not expended in 1996. Motion declared carried (final action on this matter under Consent Agenda on February 3, 1997) . FINANCE & ADMINISTRATION - Alderman Christiansen, Chair WARRANT Moved by Sarlo, seconded by Elstner, to concur with Staff REGISTER: recommendation and recommend to the City Council approval of January 20, 1997 Warrant Register, in the amount of $1,930,307.18, and further recommend that Resolution R -5- 97 be adopted at appropriate time this evening. Motion declared carried. LEGAL & LICENSING - Alderman Beauvais, Chair LIO. LIC./ Petitioner Irene Perry was sworn in by the City Clerk and 346 POTTER: gave testimony before the City Council. Ms. Halina Babinski, vice president of the corporation, was also present. Alderman Beauvais stated that she would abstain from any part of this matter because of a conflict of interest. Moved by Arredia, seconded by Curley, to recommend to the City Council approval of Class A Liquor License for property located at 346 Potter Road, d /b /a Irene's Restaurant & Lounge (change of ownership); contingent upon verification of fingerprints. Motion declared carried. Alderman Beauvais abstained. EXTENSION/ Moved by Beauvais, seconded by Higgason, to concur with CABLE TV Staff recommendation and recommend to the City Council FRANCHISE to authorize extension of Cable Television Franchise AGREEMENT: Agreement between the City and Telenois, Inc., for a six (6) month period, beginning January 28, 1997 and ending July 28, 1997, while franchise renewal negotiations are in process; and further recommend to adopt Resolution R- 6-97. Motion declared carried (final action on this matter under Unfinished Business on February 3, 1997). Alderman Arredia voted no. PUBLIC SAFETY - Alderman Higgason, Chair PAGE FIVE 110. 1/20/97 PURCHASE Moved by Elstner, seconded by Sarlo, to concur with Staff OF NEW recommendation and recommend to the City Council to AMBULANCE: authorize purchase, through the Ambulance Specification Committee assisted by the Northwest Municipal Conference, of One (1) 1997 Road Rescue E- Series Super Duty Ambulance to the lowest bidder to meet specifications, Midwest Emergency Vehicle Sales, 1541 N. Route 50, Bourbonnaise, IL 60914, in the amount of $90,287/1997 CERF, and City take advantage of the pre - payment incentive program which provides for an 8% interest rate on the monies held through the delivery date. Motion declared carried. SENIOR CIT.- Moved by Sarlo, seconded by Higgason, to concur with DISABLED recommendation of Committee of the Whole held January 6, SUBSIDIZED 1997, that the present Senior - Disabled Subsidized Taxicab TAXICAB Program be extended until January 31, 1997, at which time PROGRAM: the subsidy would become one half of the metered fare up to a maximum of $2.50 per one way trip within corporate Ordinance Des Plaines; and new rider cards be issued with a change M -3 -97 in color and with an expiration date of four (4) years from the date of issue; and further recommend to place Ordinance on First Reading: M -4 -97 Ordinance M -3 -97, AN ORDINANCE AMENDING SECTION 5 -5 -25.28 "RATE," OF CHAPTER 5 "OTHER BUSINESSES, OF TITLE V, OF Ordinance THE CITY CODE OF DES PLAINES, HAVING TO DO WITH THE M -5 -97 CITY'S SENIOR CITIZEN OR DISABLED CITIZEN SUBSIDIZED TAXICAB RATE PROGRAM; and Ordinance M -4 -97, AN ORDINANCE AMENDING SECTION 5 -5 -25.1 "LICENSE REQUIRED," OF CHAPTER 5 "OTHER BUSINESSES," TITLE V, OF THE CITY CODE OF DES PLAINES; and Ordinance M -5 -97, AN ORDINANCE AMENDING SECTION 5 -5 -25.2 "DEFINITIONS," AND SECTION 5 -5 -25.27 "CREATION," OF CHAPTER 5 "OTHER BUSINESSES," OF TITLE V "BUSINESS REGULATIONS," OF THE CITY CODE OF DES PLAINES. Motion declared carried (final action on this matter under Consent Agenda on February 3, 1997). WARRANT Moved by Christiansen, seconded by Elstner, to concur REGISTER: with recommendation of Committee of the Whole to adopt Resolution R -5 -97, BE IT RESOLVED BY THE CITY COUNCIL OF Resolution THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE R -5 -97 AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $1,930,307.18. 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. LIO. LIC./ 346 POTTER: Mayor Pro Tem Chiropolos assumed the chair, and declared the City Council back in session. Moved by Curley, seconded by Sarlo, to concur with recommendation of Committee of the Whole to approve Class A Liquor License for property located at 346 Potter Road, d /b /a Irene's Restaurant & Lounge (change of ownership); contingent upon verification of fingerprints. Motion declared carried. Alderman Beauvais abstained (conflict of interest). PURCHASE Moved by seconded by Elstner, to concur with OF NEW recommendation of Committee of the Whole to authorize AMBULANCE: purchase, through the Ambulance Specification Committee assisted by the Northwest Municipal Conference, of One (1) 1997 Road Rescue E- Series Super Duty Ambulance to the lowest bidder to meet specifications, Midwest Emergency Vehicle Sales, 1541 N. Route 50, Bourbonnaise, IL 60914, in the amount of $90,287/1997 CERF, and the City take RELEASE OF EXEC. 8ES8. MINUTES: PAGE SIX The City Council recessed at 9:12 p.m. The City Council reconvened at 10:06 p.m. 1/20/97 AMBULANCE advantage of the pre - payment incentive program which (Cont'd.) provides for an 8% interest rate on the monies held through the delivery date. 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. AMENDMENT/ Moved by Chiropolos, seconded by Higgason, to amend Title MASSAGE V, Chapter 6 "Massage Parlors," Section 5- 6- 12(A)11. to PARLORS delete "All rooms within which a massage shall be ORDINANCE: conducted shall have the doors permanently removed from the hinges and frames. No drapes, curtains., or other device shall prohibit a clear view of the interior of a massage room from the outside of the room;" and City Attorney be authorized to prepare necessary ordinance. Motion declared carried (further action on this matter under Consent Agenda on February 3, 1997). EXECUTIVE Moved by Beauvais, seconded by Higgason, to go into SESSION: Executive Session to discuss Review of Executive Session Minutes, Pending Litigation and Collective Bargaining. 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. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. Moved by Beauvais, seconded by Sarlo, to concur with consensus of the City Council in Executive Session to approve release of minutes of Executive Session of Committee of Whole of February 13, 1995, regarding the sale of 180 East Thacker Street. Motion declared carried. PENDING Moved by Beauvais, seconded by Higgason, to concur with LITIGATION: consensus of the City Council that Assistant City Attorney Gruber be authorized to proceed as directed in Executive Session regarding Melchert v. City law suit. 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 Christiansen, to concur with consensus of the City Council that the City Attorney be authorized to proceed as directed in Executive Session regarding 454 Lyman Avenue. 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. 1 1 1 APPROVED BY ME THIS 27 Ted Sherwood, MAYOR PAGE SEVEN 112. 1/20/97 ALDERMANIC Moved by Beauvais, seconded by Curley, to concur with COMMITTEE/ consensus of the City Council in Executive Session that COLLECTIVE Mayor Sherwood be asked to appoint three (3) aldermen to BARGAINING: a committee to meet with representatives of all five (5) City unions, without Staff, union attorneys or the public, to talk about some of the stumbling blocks that have stood in the way of past negotiating efforts, and try to work out common ground that would benefit all. Motion declared carried. ADJOURNMENT: Moved by Arredia, seconded by Curley, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:10 p.m. Donna McAllister, CMC /AAE - CITY CLERK