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06/02/1997MINUTES 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, JUNE 2, 1997 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Paul W. Jung at 7:00 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, June 2, 1997. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. Alderman Beauvais left the meeting at 11:00 p.m. Also present were: City Manager Douthwaite, Assistant to the City Manager Carter, Assistant Director of Finance & Administrative Services Placko, Police Captain Meese, Fire Chief Farinella, Public Works Director Shirley, City Engineer Oakley, Community Development Director D'Onofrio, Assistant City Attorney Gruber and City Attorney Wiltse. PRAYER AND PLEDGE: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL AMERITECH CHAMBERS, DES PLAINES CIVIC CENTER, NEW MEDIA: MONDAY, JUNE 2, 1997 Mayor Jung called the Public Hearing to order at 7:06 p.m. The Public Hearing was held pursuant to legal notice to consider and determine the public need for an additional cable television franchise. Assistant to the City Manager Carter stated that Ameritech New Media, 300 W. Riverside Plaza, Suite 1800 North, Chicago, IL 60606, has expressed an interest in providing a second, competitive cable franchise to the residents of Des Plaines. The possibility of granting an additional cable franchise for the City is a direct result of the new Federal Telecommunications Act, which encourages competition among cable operators and other telecommunication providers. Assistant to the City Manager Carter further stated that the Illinois State Statute, commonly referred to as the "Level Playing Field Statute," requires that the following factors must be considered at the Public Hearing: 1. The public need for an additional cable television franchise; 2. The capacity of the public rights -of way; 3. The potential disruption to existing users of the public rights -of -way to be used by such additional franchise applicant to complete construction and to provide cable television services; and 4. Long -term economic impact of an additional cable television system within the community. DISCUSSION: Ameritech's Manager - Public Affairs Jim Szczepaniak was introduced and he showed a video on AMERICAST, which is a new dimension in entertainment, an innovative cable television system developed in partnership with Bell South, GTE, SBC Communications and The Walt Disney Company. Mr. Szczepanisk stated that AMERICAST customers receive enhanced quality programming with more choices like: the Golf Channel, The Disney Channel, History Channel, Encore /Starz, Independent Film Channel, Sundance, etc. PAGE TWO 175. 6/2/97 AMERITECH Features will include Interactive Program Guide, Easy VCR (Cont'd.) Recording, Parental Lock -Out and On- Screen Program Descriptions with the touch of a few buttons. Mr. Szczepaniak stated that Ameritech's customer service is setting a new standard with their courteous and knowledgeable Personal Assistants who are available 24 hours a day, 7 days a week, to answer all consumer questions; their on -time guarantees and convenient installation appointments will better serve consumer needs. Ameritech's Build Area Manager- Engineering Rick Krzysko was introduced and he reviewed what the construction impact would be on the City; there would be minimal pole movement and the latest construction techniques will be used to minimize disruptions; an engineer would be on site to work with the City; residents will be notified several days in advance of construction. Ameritech's Senior Director - External Relations Helen Shumate was introduced, who stated that Ameritech is already in Des Plaines serving the telephone needs for those residents living west of Mt. Prospect Road; Ameritech is very community- minded; residents can count on quality programming for all ages and are competitively priced. Ameritech's Attorney George Callard reviewed the four (4) required factors that must be considered tonight and assured the City Council that Ameritech will make every effort to negotiate a fair and mutually beneficial franchise agreement with the City. In regard to the fourth factor (long -term economic impact), Mr. Callard stated that Ameritech New Media is proving in Glen Ellyn, Naperville, and other communities in Ohio and Michigan, that it can provide competitive service, as well as increase the subscriber base by attracting customers who have never subscribed to a cable service before. Alderman Beauvais questioned whether new poles will be needed. Mr. Krzysko said no, they will utilize existing structures or rearrange them. Alderman Beauvais questioned what would happen if wires are down, there is no TV, a major outage. Mr. Szczepaniak stated that Ameritech has a battery backup; a highly sophisticated telemetry system. Alderman Sarlo questioned where complaint calls would go. Mr. Szczepaniak said the customer would call 1- 800 -848- CAST and get a human person, 24 hours a day, seven days a week in Itasca, Illinois. Alderman Christiansen questioned how soon Des Plaines would receive service. Mr. Szczepaniak stated that the franchise agreement with Arlington Heights was signed earlier this year and it is anticipated that it will take 42 months to complete that project. Mr. Eugene O'Connell, 1825 Algonquin Road, addressed the City Council stating that competition is important and good; his telephone costs have gone down but his cable cost has doubled; he wants competition. A resident at 1433 Perry Street addressed the City Council questioning whether he will have to get a new TV set when the new digital system comes on line. Mr. Szczepaniak said no, you will not have to buy a new TV set. PAGE THREE 176. 6/2/97 AMERITECH Mr. Dick Sayad, 290 Shannon Court, addressed the City (Cont'd.) Council asking how long Ameritech has been in the cable business; he is concerned about how young this company is; he hopes they have qualified people. Mr. Szczepaniak stated that Ameritech has been in the cable business for two (2) years, has 38 franchise agreements with 23 communities located in the Chicago, Cleveland, Columbus and Detroit metropolitan areas. Mr. Tom Flannigan, 840 Webster Lane, addressed the City Council, stating the competition will be good; it will allow the residents to make the best choice for them. A resident at 320 Beau Drive addressed the City Council stating that Ameritech is a very good company; competition is good. Mr. Kevin Peterson, 680 Manor Court, addressed the City Council stating that he supports Ameritech and he supports competition; this could even be good for TCI. Mr. Joseph Botte, 560 Webford Avenue, addressed the City Council urging the City to enter into a franchise agreement with Ameritech; TCI has increased their prices with no justification; City should encourage Ameritech and any other companies. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that he would like to see two (2) cable companies in Des Plaines; we will benefit. Mr. Julio Weiss, 603 S. Des Plaines /River Road, addressed the City Council stating that having both companies offering service will be good for the City. Mr. Greg Johnson, 3003 Mannheim Road, addressed the City Council stating that he is unable to receive cable because TCI has not wired the south side where he has his home and business; he had to install a very expensive satellite system; all areas should be wired; the City should get very tough during negotiations. Mr. Vince Powers, 862 Webster Lane, addressed the City Council in support of the franchise agreement with Ameritech. Mr. Joseph Krier, 314 S. Cumberland Parkway, addressed the City Council stating that he wants a response to his complaints; wants service when he needs it. Mr. Tony Leifel, 565 Concord Lane, addressed the City Council in support of the franchise agreement with Ameritech. Moved by Beauvais, seconded by Christiansen, that based upon all of the factors discussed and carefully considered by the City Council at this Public Hearing, it is recommended that there is a public need for, and it is in the best interest of the City to provide for an additional cable television franchise. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. The Public Hearing was adjourned at 8:15 p.m. The City Council reconvened at 8:16 p.m. PAGE FOUR 177. 6/2/97 CITIZEN Mr. Vince Powers, 862 Webster Lane, addressed the City COMMENTS: Council stating that most of the elected officials' expenses do not appear on the Warrant Register; they should be documented; use vouchers. Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City Council questioning the amounts expended on travel by elected officials and department heads. Mr. Jim Palm, 1679 Webster Lane, addressed the City Council regarding the proposed parking lot at 1637 Webster Lane; let this matter go to litigation. CONSENT Mr. Jack Flynn, 1271 Fargo Avenue, requested that Items AGENDA: 4, 4a, 5, 5a, 15 and 16 be removed from the Consent Agenda. Alderman Higgason requested that Item 18 be removed. Moved by Higgason, seconded by Elstner, to establish a Consent Agenda except for Items 4, 4a, 5, 5a, 15, 16 and 18. Motion declared carried. Moved by Elstner, seconded by Higgason, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinances M- 30 -97, M- 31 -97, M- 32-97 and Z -8 -97 were adopted; Ordinances M- 37 -97, M -38- 97, T -6 -97 and T -7 -97 were placed on First Reading; and Resolutions R- 24 -97, R- 25 -97, and R -26 -97 were adopted. MINUTES: Moved by Elstner, seconded by Higgason, to adopt the Consent minutes of regular meeting of the City Council held May Agenda 19, 1997, as published. Motion declared carried as approved unanimously under Consent Agenda. REROOFING/ Moved by Elstner, seconded by Higgason, to concur with LIBRARY recommendation of Committee of the Whole held May 19, BUILDING: 1997, to approve Supplemental Appropriation in the amount Consent of $81,910 from the Library Accumulation Funds to be Agenda designated for the reroofing of the Library building, 841 Graceland Avenue. Motion declared carried as approved unanimously under Consent Agenda. SMOKING Moved by Elstner, seconded by Higgason, to concur with IN PUBLIC recommendation of Committee of the Whole held May 20, PLACES: 1997, to deny request that smoking be banned in Consent restaurants and bars, and no changes be made to the City Agenda ordinance on Smoking in Public Places. Motion declared carried as approved unanimously under Consent Agenda. PREVAILING Moved by Beauvais, seconded by Sarlo, to concur with WAGE RATES: Staff recommendation that pursuant to Section 820 ILCS 130/1 of the State Statutes (1996), the City establish Ordinance prevailing rate of wages for laborers, mechanics and M -33 -97 other workers employed in performing construction of public works for the City - ANNUAL REQUIREMENT; and further recommend to place on First Reading Ordinance M- 33-97, AN ORDINANCE ENACTING 820 ILCS 130/1, ET SEQ. (1996) PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND PREVAILING WAGE RATES. Motion declared carried. ISSUANCE OF Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City TIF AND Council questioning why representatives from Moody's CORPORATE Investors Service came to Des Plaines; he also questioned BONDS: the use for these Bonds and whether the water rates will Consent go up as a result of their issuance. City Manager Agenda Douthwaite stated that M000dy's came to Des Plaines to PAGE FIVE 178. 6/2/97 BONDS save the City from the expense of going to New York; no (Cont'd.) the City water rates will not go up. Ordinance Moved by Beauvais, seconded by Sarlo, to concur with M -36 -97 Staff recommendation to authorize issuance of 1997 General Obligation Bond Series A, B and C as follows: General Obligation TIF Bonds, Series 1997A in the principal amount of $1,210,000 for the purpose of financing the demolition of the Des Plaines Mall, the improvement of Ellinwood Street and the partial refunding of outstanding tax increment developer revenue bonds issued in 1992 and 1993; General Obligation Corporate Purpose Bonds, Series 1997B in the principal amount of $3,000,000 for the purpose of financing water system improvements; and Taxable General Obligation TIF Bonds, Series 1997C in the principal amount of $5,030,000 for the purpose of financing the new Parking Facility in the redevelopment project; and further recommend to place on First Reading Ordinance M- 36 -97, AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION TIF BONDS, SERIES 1997A, GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997B, AND TAXABLE GENERAL OBLIGATION TIF BONDS, SERIES 1997C, OF THE CITY OF DES PLAINES, ILLINOIS. Motion declared carried. PRORATION OF Moved by Elstner, seconded by Higgason, to concur with LIQ. LIC. Staff recommendation to amend Title V, Chapter 34 - FEES: "Intoxicating Liquors," Sections 5- 34 -17(C) and 5- 34 -20, Consent to permit proration of liquor license fees for the first Agenda three (3) quarters of the year; no proration would be allowed after the fourth quarter begins; and further Ordinance recommend to place on First Reading Ordinance M 37 - 97, M -37 -97 AN ORDINANCE AMENDING SECTION 5- 34 -17(C) "LICENSES," AND SECTION 5 -34 -20 "FEES TO BE PAID WITH APPLICATION," OF CHAPTER 34 "INTOXICATING LIQUORS," TITLE V, OF THE CITY CODE OF DES PLAINES, TO PROVIDE FOR PRORATION OF FEES. Motion declared carried as approved unanimously under Consent Agenda. LICENSE Moved by Elstner, seconded by Higgason, to concur with AGREEMENT/ Staff recommendation to grant request to permit 640 installation of an underground sprinkler system in City - REGENCY: owned parkway adjacent to property located at 640 Regency Consent Drive; Mayor and City Clerk be authorized to execute Agenda necessary license agreement; and further recommend to place on First Reading Ordinance M- 38 -97, AN ORDINANCE Ordinance AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE M -38 -97 AGREEMENT WITH KEVIN COONEY, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF- WAY IN FRONT OF 640 REGENCY, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. PARKING Moved by Elstner, seconded by Higgason, to concur with RESTRICTION/ Staff recommendation to amend Title X, Chapter 5 - CORA ST.: "Stopping, Standing and Parking," Section 10- 5 -5(G), to Consent restrict parking along the east side of Cora Street Agenda approximately 125' north and south of Algonquin Road during the peak traffic hours of 7:00 a.m. to 9:00 a.m. Ordinance and 4:00 p.m. to 6:00 p.m., daily, except Saturdays, T -6 -97 Sundays and Holidays; and further recommend to place on First Reading Ordinance T -6 -97, AN ORDINANCE AMENDING SECTION 10- 5 -5(G) "RESTRICTED PARKING - VARIOUS HOURS, OF CHAPTER 5 "STOPPING, STANDING AND PARKING," TITLE X, OF THE CITY CODE OF DES PLAINES TO ADD THERETO "CORA STREET, FROM ALGONQUIN ROAD NORTH TO THE ALLEY, EAST SIDE OF STREET, FROM 7:00 A.M. TO 9:00 A.M., AND 4:00 P.M. TO 6:00 P.M. DAILY, EXCEPT SATURDAYS, SUNDAYS AND HOLIDAYS" AND "CORA STREET, FROM ALGONQUIN ROAD 125 FT. SOUTH OF CORA ST. (Cont'd.) PARKING RESTRICTION/ CURTIS ST.: Consent Agenda Ordinance T -7 -97 1997 STREET MAINT. AGR./ IDOT: Consent Agenda Resolution R -24 -97 ADDITION/ 1997 STREET MAINT. AGR./ IDOT: Consent Agenda Resolution R -25 -97 PUBLIC IMPROVEMENTS/ COFFMAN SUBDIV.: Consent Agenda Resolution R -26 -97 PAGE SIX 179. 6/2/97 ALGONQUIN ROAD, EAST SIDE OF STREET, FROM 7:00 A.M. TO 9:00 A.M., AND 4:00 P.M. TO 6:00 P.M. DAILY, EXCEPT SATURDAYS, SUNDAYS AND HOLIDAYS." Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Higgason, to concur with Staff recommendation to amend Title X, Chapter 5 - "Stopping, Standing and Parking," Section 10 -5 -17 - Schedule I, to ban parking on the west side of Curtis Street from 135' south of Nimitz Drive to the south end of Curtis Street; ban parking on the east side of Curtis Street from the north entrance of the Buckhorn Trailer Park to 20' north of said entrance; ban parking from the south entrance of the Buckhorn Trailer Park to the south end of Curtis Street; and further recommend to place on First Reading Ordinance T -7 -97, AN ORDINANCE AMENDING SCHEDULE I, SECTION 10 -5 -17, "PARKING PROHIBITED IN DESIGNATED PLACES," OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "CURTIS STREET, FROM 135 FT. SOUTH OF NIMITZ DRIVE TO SOUTH END OF STREET, WEST SIDE OF STREET," "CURTIS STREET, FROM THE NORTH ENTRANCE OF TRAILER PARK TO 20 FT. NORTH OF SAID ENTRANCE, EAST SIDE OF STREET," AND "CURTIS STREET, FROM SOUTH ENTRANCE OF TRAILER PARK TO SOUTH END OF CURTIS STREET, EAST SIDE OF STREET." Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Higgason, to concur with Staff recommendation to authorize extension of State of Illinois Department of Transportation's (IDOT) "Agreement for the Maintenance of Municipal Streets." dated July 5, 1995, for the period July 1, 1997 to June 30, 1998; IDOT to reimburse the City in the amount of $47,041; and further recommend to adopt Resolution R- 24 -97, A RESOLUTION AUTHORIZING THE EXTENSION OF A STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION'S "AGREEMENT FOR THE MAINTENANCE OF MUNICIPAL STREETS," EFFECTIVE JULY 1, 1997, FOR THE COMING YEAR AND TO ACCEPT THE INCREASE IN COMPENSATION THERETO TO $47,041. Motion declared carried as approved unanimously under Consent Agenda (also see next motion). Moved by Elstner, seconded by Higgason, to concur with Staff recommendation to authorize addition of Wolf Road from the Cumberland Circle north to Rand Road, 1.56 miles, to the Illinois Department of Transportation's (IDOT) "Agreement for the Maintenance of Municipal Streets," (see previous motion); IDOT to reimburse the City in the amount of $2,749; total reimbursement to the City will now be $49,790; and further recommend to adopt Resolution R- 25 -97, A RESOLUTION AUTHORIZING THE ADDITION OF WOLF ROAD FROM CUMBERLAND CIRCLE NORTH TO RAND ROAD TO THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION'S "AGREEMENT FOR THE MAINTENANCE OF MUNICIPAL STREETS," DATED JULY 5, 1995. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Higgason, to concur with Staff recommendation to accept Public Improvements that include storm and sanitary sewers, culverts, driveway approaches and parkway restoration for Coffman Resubdivision, northwest corner of south Wolf Road and Lincoln Avenue; release public improvement surety of $43,160 and cash guarantee (tree bond) of $1,200 ($4,316 cash warranty to be held for 18 months); and further recommend to adopt Resolution R- 26 -97, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS IN THE COFFMAN SUBDIVISION, NORTHWEST CORNER OF SOUTH WOLF ROAD AND LINCOLN AVENUE. Motion declared carried as approved unanimously under Consent Agenda. PAGE SEVEN 180.^? 6/2/97 VARIATION/ Moved by Elstner, seconded by Higgason, to concur with 1795 Staff recommendation to grant request for Variation to ORCHARD: Section 6 -7 -1 of the City Code for property located at Consent 1795 Orchard Street, to permit construction of a 5' high, Agenda wood, 100% solid, privacy fence to enclose most of the secondary front yard along Everett Avenue (Code requires front yard fences to not exceed 3 -1/2' in height and be at least 50% open). Motion declared carried as approved unanimously under Consent Agenda. FINAL PLAT/ Moved by Elstner, seconded by Higgason, to concur with SCHESICIE'S recommendation of Des Plaines Plan Commission and Staff RESUBDIV.: to grant request for final Plat approval for Scheskie's Consent Resubdivision, and approve Variation to Section 9- 12 -7(R) Agenda of the Subdivision Regulations to permit Lot #2 to have a lot depth of 124.65' instead of the required 125', for property located at 1574 -1584 Henry Avenue; and Mayor and City Clerk be authorized to execute Plat. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ Moved by Higgason, seconded by Sarlo, to concur with HYDROSEED. Staff recommendation to award bid for One (1) Trailer - SYSTEM: Mounted Hydroseeding System to the lowest bidder, Turbo Technologies, Inc., 1108 Third Avenue, New Brighton, PA 15066, in the total bid amount of $7,995/1997 Water Fund. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. BID AWARD/ Moved by Beauvais, seconded by Sarlo, to concur with LOADER Staff recommendation to award bid for One (1) 1997 Heavy BACKHOE: Duty Two -Wheel Drive Loader - Backhoe to the lowest bidder to meet specifications, Westside Tractor Sales, 1400 W. Ogden Avenue, Naperville, IL 60543, in the total bid amount of $46,715/1997 Water Fund C.E.R.F. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ADVERTISING Moved by Elstner, seconded by Higgason, to concur with FOR BIDS: Staff recommendation that City Clerk be authorized to Consent advertise for bids for Tuckpointing and Caulking Work at Agenda the Maple Street Pumping Station, 2555 Maple Street, returnable by 3:00 p.m. on Friday, June 20, 1997. Motion declared carried as approved unanimously under Consent Agenda. APPOINTMENTS: Alderman Higgason advised the City Council that Suzanne Kotomski has requested that her name be removed from consideration for membership on the Keep Des Plaines Beautiful Commission because of personal reasons. Moved by Higgason, seconded by Elstner, to approve Mayoral appointment of Martin J. Hoffman to the DES PLAINES CABLE COMMISSION, term to expire April 30, 1999. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Elstner, seconded by Higgason, to adopt M - 30 - 97 Ordinance M- 30 -97, AN ORDINANCE AUTHORIZING THE EXECUTION LIC. AGR./ OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH DAVID J. AND 407 BARBARA WADDEL FOR THE INSTALLATION OF AN UNDERGROUND ARDMORE: LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT Consent OF 407 ARDMORE ROAD, DES PLAINES, ILLINOIS. Motion Agenda declared carried as approved unanimously under Consent Agenda. a�" ORDINANCE M -31 -97 LIC. AGR./ 1330 MIDDLETON: Consent Agenda ORDINANCE M -32 -97 LIC. AGR./ 660 BENDING: Consent Agenda ORDINANCE Z -8 -97 SPEC. USE/ 1199 ELMHURST: Consent Agenda REGULATION OF PAWN BROKERS: Ordinance M -39 -97 REGULATION OF SECONDHAND DEALERS: Ordinance M -40 -97 PAGE EIGHT 181. 6/2/ Moved by Elstner, seconded by Higgason, to adopt Ordinance M- 31 -97, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH BETTY SARGIS FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 1330 MIDDLETON COURT, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Higgason, to adopt Ordinance M- 32 -97, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH GEORGE AND HOLLY SELETOS FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 660 BENDING COURT, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Higgason, to adopt Ordinance Z -8 -97, AN ORDINANCE GRANTING AN AMENDMENT TO SPECIAL USE PERMIT #97-3-SU, PURSUANT TO ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO ALLOW FOR THE TOTAL RECONSTRUCTION OF AN EXISTING SPEEDWAY GAS STATION WITH A LARGER "STARVIN MARVIN" CONVENIENCE MINIMART STORE, INCREASING THE STORE SIZE FROM 1,717 SQ. FT. TO 2,336 SQ. FT. IN C -2 GENERAL COMMERCIAL DISTRICT ON THE PROPERTY COMMONLY KNOWN AS 1199 ELMHURST ROAD (CASE NO. 97- 12 -SU). Motion declared carried as approved unanimously under Consent Agenda. Mayor Paul W. Jung declared that the City Council was now resolved into a Committee of the Whole LEGAL AND LICENSING - Alderman Beauvais, Chair Assistant City Attorney Gruber and Detective Terry McAllister reviewed proposed Ordinance M -39 -97 dealing with regulation of pawn brokers, and proposed Ordinance M -40 -97 dealing with regulation of secondhand dealers, which includes new license eligibility requirements, stricter and more detailed reporting standards, a higher licensing fee and a holding period of 30 days on all items traded. Mr. John Floyd, owner of Alexander Coin & Pawn, 650 Graceland, addressed the City Council stating that a 30- day waiting period would make it difficult for him to stay in business; he doesn't have the storage space; would like a compromise of 14 days for the holding period. Alderman Beauvais questioned Assistant City Attorney Gruber and Detective McAllister is to whether there could be a compromise on the holding period of perhaps 21 days or 14 days. Both gentlemen stated that there could be consideration of a compromise of 21 or 14 days; a meeting should be held to discuss this matter. A representative of Cash Converters, 1525 Lee Street, addressed the City Council expressing his concern about the 30 -day holding period. Moved by Arredia, seconded by Higgason, that proposed Ordinance M -39 -97 dealing with regulation of pawn brokers and proposed Ordinance M -40 -97 dealing with regulation of secondhand dealers be referred back to Staff for further review, and report back to the City Council in 60 days (August 4, 1997) . Motion declared carried (final action on this motion under Consent Agenda on June 16, 1997) . PAGE NINE 182. 6/2/97 FINANCE & ADMINISTRATION - Alderman Christiansen, Chair WARRANT Moved by Arredia, seconded by Elstner, to concur with REGISTER: Staff recommendation and recommend to the City Council approval of June 2, 1997 Warrant Register, in the amount of $1,860,954.89; and further recommend that Resolution R -27 -97 be adopted at appropriate time this evening. Motion declared carried. PUBLICATION/ Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City TREASURER'S Council stating that the Treasurer's Report should be REPORT: published in its entirety in a newspaper; he doesn't want to go the City Clerk's Office to pick up a copy. Mr. Todd Wessell, editor of the Journal and Topics Newspapers, addressed the City Council in support of the Treasurer's Report being printed in its entirety in a newspaper. Mr. Gene Fregetto, 800 Laurel Avenue, addressed the City Council in support of the Treasurer's Report being printed in its entirety in a newspaper, but would like to see the format changed. Moved by Arredia, seconded by Brookman, to recommend to the City Council that regardless of the cost the annual Treasurer's Report be printed in its entirety in a local newspaper. Motion declared carried (final action on this motion under Consent Agenda on June 16, 1997). PUBLIC WORKS - Alderman Higgason, Chair AMENDMENT/ Alderman Christiansen suggested that the lead time which BRANCH residents are permitted to stack brush in the parkway PICKUP prior to their schedule pickup date be one (1) week. The PROGRAM: City Code presently provides for stacking in the parkway after (12:00 p.m.) Noon the day preceding the collection. Alderman Beauvais stated that proposed ordinance should include all dwellings not just single - family as presently provided. Moved by Sarlo, seconded by Elstner, to recommend to the City Council that the proposed Ordinance M -42 -97 regarding branch -brush pickups be amended to include all dwellings and that the branches -brush should be placed for pickup no sooner than seven (7) days prior to the scheduled collection date and before 7:00 a.m. on the day of collection; and Section 8 -4 -9 regarding special branch -brush pickup for a fee be deleted in its entirety as Staff recommended. Motion declared carried (further action on this motion under Consent Agenda on June 16, 1997) . ADDITIONAL Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City ASPHALT Council stating that this piece of equipment is not a PATCHING budgeted item; other communities hire out to the private EQUIPMENT: sector for this service; this is costing the City too much money. Moved by Elstner, seconded by Christiansen, to recommend to the City Council, to authorize purchase of a Trailer - Mounted Tack Distributor from Thoesen Equipment, Inc., 24 W. 155 Army Trail Road, Bloomingdale, IL 60108, in the amount of $4,300/1997 General Fund C.E.R.F.; and further recommend that the City Clerk be authorized to advertise for bids for One (1) New Skid Steer Loader with Grinder Attachment. Motion declared carried. Ow` PAGE TEN 183. COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair 6/2/97 PUB. IMPRV. Director of Community Development D'Onofrio reviewed his SURETY/ memo of May 28, 1997, in which he recommends the ZIMNY'S & confiscation of $10,000 of the public improvement surety TAB'S (Letter of Credit) to insure completion of the SUBDIVI.: restoration of the parkway for Zimny's Subdivision and Tab's First Addition Subdivision, 1128 -1144 Prospect Lane, and release the remainder of the $111,460.93 balance. The civil engineer for these subdivisions addressed the City Council requesting that his clients be given a week or so to correct the problem. Moved by Beauvais, seconded by Smith, to recommend to the City Council that $10,000 of the public improvement surety (Letter of Credit) for Zimny's Subdivision and Tab's First Addition Subdivision, 1128 -1144 Prospect Lane, be confiscated and property owners be given until June 16, 1997 to complete the parkway grading to City standards, at which time the $10,000 will be refunded; and further recommend that the remaining $101,460 balance of the Letter of Credit be released. Motion declared carried. FINAL PLAT Director of Community Development D'Onofrio reviewed his & SUBDIV. memo of May 28, 1997, in which he recommends the approval VARIATION/ of the Final Plat of Subdivision for the Moehling Farm MOEHLING Subdivision, Rand Road and Eighth Avenue; the approval FARM of variation for lot depths of 93.52' on Lot #22 and SUBDIVISION: 101.25' on Lot #23; and transition improvements be made on Lot #59. Mr. Thomas Gillespie, President of Kennedy Community Development, 630 Dursey Lane, Des Plaines, addressed the City Council stating that Kennedy would be willing to pay the full cost of improvements for Lot #59 if the City would defer the improvements until after the owners are deceased or after the transfer of ownership to a third party. Mr. Barry Collins, attorney for Mr. and Mrs. Iry Moehling, addressed the City Council stating that the Plat could be amended to read that improvements need not be constructed until after the present owners are deceased or after the transfer of ownership. Mr. C. Budny, 322 N. Eighth Avenue, addressed the City Council stating that the Moehling Farm should not be touched; please save it. Mr. Nick Chiropolos, 156 N. Third Avenue, addressed the City Council stating that there were several public hearings on this matter when he was an alderman; let us preserve this beautiful piece of property; this not a violation of the City Code, just an exception. Mr. Mark Wagaman, 587 Princeton Street, addressed the City Council stating that the improvements should be made. Ms. Denice Black, 314 N. Eighth Avenue, addressed the City Council asking that no changes be made to the Farm property. Mr. Jim Conway, 334 N. Eighth Avenue, addressed the City Council stating that things have to be preserved; he wants a full length street in front of his house. PAGE ELEVEN 184. 6/2/97 MOEHLING Moved by Elstner, seconded by Christiansen, to recommend (Cont'd.) to the City Council to approve Final Plat of Subdivision for Moehling Farm Subdivision, Rand Road and Eighth Avenue, subject to the following conditions: 1. Developer secure approval from the Illinois Department of Transportation (IDOT) and show on final Plat; 2. Developer secure an easement or dedication of right - of -way from the Des Plaines Park District for the sidewalk that will connect the proposed subdivision to Eighth Avenue; sidewalk would be half within the subdivision and half within Chippewa Park; 3. Developer to construct an oversized regional detention basin with City being responsible for reimbursement to the developer for the oversizing at a cost not to exceed $82,186.30 /General Improvement Fund and anticipated 1997 fund balance; 4. Approve Variation to Section 9- 12 -7(R) of Subdivision Regulations to permit lot depths of 93.52' on Lot #22 and 101.25' on Lot #23; and 5. Transition improvements between the existing 33' wide right -of -way and the proposed 66' right -of -way on Lot #59 be deferred until the present owners are deceased or after the transfer of ownership to a third party; cost of such transition improvements to be placed in escrow until needed, and final Plat to be so amended. 6. Mayor and City Clerk be authorized to execute Plat as amended. Motion declared carried. Manor Paul W. Jung assumed the chair, and declared the City Council back in session. WARRANT Moved by Christiansen, seconded by Elstner, to concur REGISTER: with recommendation of Committee of the Whole to adopt Resolution R- 27 -97, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R -27 -97 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $1,860,954.89. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. PUBLICATION/ Moved by Christiansen, seconded by Elstner, to concur TREASURER'S with recommendation of Committee of the Whole that REPORT: regardless of the cost, the annual Treasurer's Report be printed in its entirety in a local newspaper. Motion declared carried. ADDITIONAL Moved by Higgason, seconded by Elstner, to concur with ASPHALT recommendation of Committee of the Whole to authorize PATCHING purchase of a Trailer- Mounted Tack Distributor from EQUIPMENT: Thoesen Equipment, Inc., 24 W. 155 Army Trail Road, Bloomingdale, IL 60108, in the amount of $4,300/1997 General Fund C.E.R.F; and City Clerk be authorized to advertise for bids for one (1) New Skid Steer Loader with Grinder Attachment, returnable by 3:00 p.m. on Friday, June 20, 1997. Upon roll call the vote was AYES: 7- Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. 1 1 1 PAGE TWELVE 185. 6/2/97 PUB. IMPRV. Moved by Sarlo, seconded by Smith, to concur with SURETY/ recommendation of Committee of the Whole that $10,000 of ZIMNY'S & the public improvement surety (Letter of Credit) for TAB'S Zimny's Subdivision and Tab's First Addition Subdivision, SUBDIV.: 1128 -1144 Prospect Lane, be confiscated and property owners be given until June 16, 1997 to complete the parkway grading to City standards, at which time the $10,000 will be refunded; and that the remaining $101,460 balance of the Letter of Credit be released. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried FINAL PLAT Moved by Sarlo, seconded by Christiansen, to concur with & SUBDIV. recommendation of Committee of the Whole to approve Final VARIATION/ Plat of Subdivision for Moehling Farm Subdivision, Rand MOEHLING Road and Eighth Avenue, subject to the following FARM conditions: SUBDIVISION: 1. Developer secure approval from the Illinois Department of Transportation (IDOT) and show on final Plat; 2. Developer secure an easement or dedication of right - of -way from the Des Plaines Park District for the sidewalk that will connect the proposed subdivision to Eighth Avenue; sidewalk would be half within the subdivision and half within Chippewa Park; 3. Developer to construct an oversized regional detention basin with City being responsible for reimbursement to the developer for the oversizing at a cost not to exceed $82,186.30 /General Improvement Fund and anticipated 1997 fund balance; 4. Approve Variation to Section 9- 12 -7(R) of Subdivision Regulations to permit lot depths of 93.52' on Lot #22 and 101.25' on Lot #23; and 5. Transition improvements between the existing 33' wide right -of -way and the proposed 66' right -of -way on Lot #59 be deferred until the present owners are deceased or after the transfer of ownership to a third party; cost of such transition improvements to be placed in escrow until needed, and Final Plat to be so amended; 6. Mayor and City Clerk be authorized to execute Plat as amended. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. RECESS: Moved by Christiansen, seconded by Elstner, that the regular meeting of the City Council be recessed until 7:00 p.m. on Monday, June 9, 1997. Motion declared carried. The City Council meeting recessed at 11:44 p.m.