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06/16/1997MINUTES 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 16, 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 7:04 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, June 16, 1997. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. Also present were: City Manager Douthwaite, Director of Finance & Administrative Services Egeberg, Police Chief Sturlini, Fire Chief Farinella, Public Works Director Shirley, Senior Civil Engineer Kaszuba, Community Development Director D'Onofrio, Director of Human Resources and Services Merriman and City Attorney Wiltse. PRAYER AND The opening prayer was given by City Clerk McAllister, PLEDGE: followed by the Pledge of Allegiance to the Flag. WELCOME: Mayor Jung welcomed the students from Maine West High School who are participating in the City's Clinical Government Program which is now in its 22nd year. CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the City COMMENTS: Council stating his opposition to the proposed elimination of vehicle stickers and imposition of a Telecommunications Tax; this would be another burden on businesses; would chase them away, especially big businesses. CONSENT AGENDA: Mr. Rick Perry, Route 1340, Lancaster, PA., addressed the City Council regarding his federal court litigation against the City's towing ordinance. Mr. Kevin Konnis, 1589 Oakwood Avenue, addressed the City Council in opposition to pawn brokers requiring him to be 21 years old before he can sell or buy items; would like the City to change that requirement; he is 18 years old. Alderman Brookman requested that Items 4, 4a and 6 be removed from the Consent Agenda. Moved by Higgason, seconded by Beauvais, to establish a Consent Agenda except for Items 4, 4a and 6. Motion declared carried. Moved by Elstner, seconded by Sarlo, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Brockman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinances M- 33 -97, M- 36 -97, M- 37-97, M- 38 -97, T -6 -97 and T -7 -97 were adopted; and Ordinances M -41 -97 and Z -9 -97 were placed on First Reading. MINUTES: Moved by Elstner, seconded by Sarlo, to approve the Consent minutes of regular meeting of the City Council held June Agenda 2, 1997 (concluded on June 9, 1997), as published. Motion declared carried as approved unanimously under Consent Agenda. MINUTES (Cont'd.) REGULATION OF PAWN BROKERS & SECONDHAND DEALERS: Consent Agenda BRANCH -BRUSH PICKUP PROGRAM: Ordinance M -42 -97 - AMENDED PENDING LITIGATION/ D.P. MALL DEMOLITION: Consent Agenda FLOOD CONTROL REBATE PROGRAM: Consent Agenda PAGE TWO 189. 6/16/97 Moved by Elstner, seconded by Sarlo, to approve minutes of Executive Session of the City Council meeting of June 2, 1997 (held June 9, 1997). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sarlo, to concur with recommendation of Committee of the Whole held June 2, 1997, 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 as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Arredia, to amend Ordinance M -42 -97 to restore Section 8 -4 -97 having to do with special branch pickups for a service fee which had been deleted as recommended by the Committee of the Whole on June 2, 1997. Upon roll call, the vote was: AYES: 5- Christiansen, Brookman, Sarlo, Smith, Arredia NAYS: 3- Beauvais, Elstner, Higgason, ABSENT: 0 -None Motion declared carried. Moved by Arredia, seconded by Brookman, to concur with recommendation of the Committee of the Whole held June 2, 1997, 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 no sooner than seven (7) days prior to the scheduled collection date and before 7:00 a.m. on the day of collection; Section 8 -4 -9 regarding special branch -brush pickup for a service fee be restored; and further recommend to place on First Reading Ordinance M -42 -97 - AS AMENDED /AN ORDINANCE AMENDING SECTION 8 -4 -9 "BRANCH /BRUSH PICKUPS" OF CHAPTER 4 "GARBAGE, YARD WASTE AND COMPOSTING," OF TITLE VIII, OF THE CITY CODE OF DES PLAINES, IN ITS ENTIRETY. Motion declared carried. Alderman Beauvais voted no. Moved by Elstner, seconded by Sarlo, to concur with recommendation of City Council in Executive Session on June 9, 1997, (reconvened City Council meeting of June 2, 1997), that City Attorney be authorized to negotiate a settlement with consultant who performed Structural Engineering Services - Phase I, for the Des Plaines Mall Demolition Project. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Higgason, that the proposed Flood Control Rebate Program A and Program B be amended to include townhomes. Motion declared carried. Moved by Arredia, seconded by Beauvais, to concur with recommendation of Committee of the Whole held June 9, 1997, that the Flood Control Rebate Program A (project previously contracted for and paid for by homeowner) and Program B (project anticipated and homeowner will pay for) be reinstated at 20% of project cost to a maximum of $1,000 and include: - -the programs will be retroactive back to January, 1994; - -the programs will be ongoing but reviewed annually; - -the programs will be offered to owner and non -owner occupied residential single - family homes; - -there will be a $75 non - refundable permit fee; - -the programs will be included in the 1998 Budget and begin January 1, 1998; and Programs A and B be amended to include townhomes. Motion declared carried. WATER SYS. AMENDMENTS: Consent Agenda Ordinance M -41 -97 ZONING CASE 97- 17 -SU -V/ 1529 RAND: Consent Agenda Ordinance Z -9 -97 FENCE VARIATION/ 1784 EVERETT: Consent Agenda 1997 LEAK DETECTION SERVICES: Consent Agenda ADVERTISING FOR BIDS: PAGE THREE 190. 6/16/97 Moved by Elstner, seconded by Sarlo, to concur with Staff recommendation to amend Title III, Chapter 4 - "Water Department" for various changes to the Water System, i.e. shutoff valve maintenance - repair of Buffalo Boxes, water service line maintenance, City's access to premises, authority to verify City water system, maintenance of meter boxes - vaults; and further recommend to place on First Reading Ordinance M- 41 -97 /AN ORDINANCE AMENDING SECTIONS 3- 4 -7(J), (L), (M), (N), (0), (P), (Q), (R), (S), AND (T); 3 -4 -16, 3 -4 -18, 3- 4- 20(C), OF CHAPTER 4 "WATER DEPARTMENT," TITLE III, OF THE CITY CODE OF DES PLAINES, AND ADDING THERETO A NEW SECTION 3 -4 -25 "MAINTENANCE OF METER BOXES /VAULTS." Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sarlo, to concur with recommendation of Des Plaines Plan Commission and Zoning Board of Appeals, re Case 97- 17 -SU -V, to grant request for Special Use to permit expansion of an automobile sales facility in C -2 General Commercial District; grant request for Variation to permit the construction of a building addition 14.50' from the rear property line instead of the required 21.58', for property located at 1529 Rand Road; contingent upon the following conditions: 1. Petitioner shall comply with the recommendation in the traffic study for the installation of the stop signs; 2. Petitioner shall comply with all floodplain development regulations when constructing the addition in that it is located in the floodplain; 3. A five (5) foot landscape buffer between the parking spaces along Harding Avenue should be installed by the petitioner; 4. The owner shall not display vehicles in the required front yard setback (5 feet), as required by the Zoning Ordinance; and further recommend to place on First Reading Ordinance Z- 9-97/AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO ALLOW FOR THE EXPANSION OF A VEHICLE SALES FACILITY IN A C -2 COMMERCIAL ZONING DISTRICT AND A VARIATION TO SECTION 4.2.5.1 OF THE ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION 14.50 FEET FROM THE REAR PROPERTY LINE INSTEAD OF THE REQUIRED 21.58 FEET ON THE PROPERTY COMMONLY KNOWN AS 1529 RAND ROAD (CASE NO. 97- 17- SU -V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sarlo, to concur with Staff recommendation to grant request for Variation to Section 6 -7 -1 of the City Code for property located at 1784 Everett Avenue, to permit the construction of a 6' high, 100% solid, privacy fence which will enclose part of the 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. Moved by Elstner, seconded by Sarlo, to concur with Staff recommendation to award bid for 1997 Leak Detection Services to the lowest bidder, Rush Environmental & Infrastructure, Inc., 1020 N. Broadway, Suite 400, Milwaukee, WI 53202, in the amount of $0.0154 per foot of water main, for a total contract cost of $8,781.70 based on 108 miles of water main /Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sarlo, to concur with Staff recommendation that City-Clerk be authorized to advertise for bids for New Roof for Des Plaines Historical Society, 789 Pearson Street, returnable by 3:00 p.m., Friday, July 11, 1997. Motion declared carried as approved unanimously under Consent Agenda. PAGE FOUR 191. 6/16/97 BIDS Moved by Elstner, seconded by Sarlo, to concur with Staff (Cont'd.) recommendation that City Clerk be authorized to advertise for bids for Furnishing and Installing Three (3) New Transom Windows for Finance Department, returnable by 3:00 p.m., Friday, July 11, 1997. Motion declared carried as approved unanimously under Consent Agenda. APPOINTMENTS: Moved by Elstner, seconded by Sarlo, to consider Mayoral Consent reappointments to the DES PLAINES LIBRARY BOARD as Agenda follows: Susan Burrows, Sarah McConnell and John Scarsi. Motion declared carried as approved unanimously under Consent Agenda (final action on this matter under Consent Agenda on July 7, 1997). ORDINANCE Moved by Elstner, seconded by Sarlo, to adopt Ordinance M -33 -97 M- 33 -97, AN ORDINANCE ENACTING 820 ILCS 130/1. ET SEQ. PREVAILING (1996) PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC WAGE RATES: WORKS CONSTRUCTION AND PREVAILING WAGE RATES. Motion Consent declared carried as approved unanimously under Consent Agenda Agenda. ORDINANCE Moved by Elstner, seconded by Sarlo, to adopt Ordinance M -36 -97 M- 36 -97, AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL ISSUANCE OF OBLIGATION TIF BONDS, SERIES 1997A, GENERAL OBLIGATION TIF AND CORPORATE PURPOSE BONDS, SERIES 1997B, AND TAXABLE CORPORATE GENERAL OBLIGATION TIF BONDS, SERIES 1997C, OF THE CITY BONDS: OF DES PLAINES, ILLINOIS. Motion declared carried as Consent approved unanimously under Consent Agenda. Agenda ORDINANCE Moved by Elstner, seconded by Sarlo, to adopt Ordinance M -37 -97 M- 37 -97, AN ORDINANCE AMENDING SECTION 5- 34 -17(C) PRORATION OF "LICENSES," AND SECTION 5 - 34 - 20 "FEES TO BE PAID WITH LIQ. LIC. APPLICATION," OF CHAPTER 34 "INTOXICATING LIQUORS," TITLE FEES: V, OF THE CITY CODE OF DES PLAINES, TO PROVIDE FOR Consent PRORATION OF FEES. Motion declared carried as approved Agenda unanimously under Consent Agenda. ORDINANCE Moved by Elstner, seconded by Sarlo, to adopt Ordinance M -38 -97 M- 38 -97, AN ORDINANCE AUTHORIZING THE EXECUTION OF A LICENSE RIGHT -OF -WAY LICENSE AGREEMENT WITH KEVIN COONEY, FOR THE AGREEMENT/ INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN 640 THE PUBLIC RIGHT -OF -WAY IN FRONT OF 640 REGENCY, DES REGENCY: PLAINES, ILLINOIS. Motion declared carried as approved Consent unanimously under Consent Agenda. Agenda ORDINANCE Moved by Elstner, seconded by Sarlo, to adopt Ordinance T -6 -97 T -6 -97, AN ORDINANCE AMENDING SECTION 10- 5 -5(G) PARKING "RESTRICTED PARKING - VARIOUS HOURS," OF CHAPTER 5 RESTRICTION/ "STOPPING, STANDING AND PARKING," TITLE X, OF THE CITY CORA ST.: CODE OF DES PLAINES TO ADD THERETO "CORA STREET, FROM Consent ALGONQUIN ROAD NORTH TO THE ALLEY, EAST SIDE OF STREET, Agenda 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 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. ORDINANCE Moved by Elstner, seconded by Sarlo, to adopt Ordinance T -7 -97 T -7 -97, AN ORDINANCE AMENDING SCHEDULE I, SECTION 10-5 - PARKING 17, "PARKING PROHIBITED IN DESIGNATED PLACES," OF THE RESTRICTION/ CITY CODE OF DES PLAINES, TO ADD THERETO "CURTIS STREET, CURTIS ST.: FROM 135 FT. SOUTH OF NIMITZ DRIVE TO SOUTH END OF Consent STREET, WEST SIDE OF STREET," "CURTIS STREET, FROM THE Agenda 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. LIQ. LIC. 1141 LEE: PAGE FIVE 192. 6/16/97 Mayor Paul W. Junq declared that the City Council was now resolved into a Committee of the Whole FINANCE & ADMINISTRATION - Alderman Christiansen, Chair WARRANT Moved by Arredia, seconded by Sarlo, to concur with Staff REGISTER: recommendation and recommend to the City Council approval of June 16, 1997 Warrant Register, in the amount of $3,190,403.93; and further recommend that Resolution R- 28-97 be adopted at appropriate time this evening. Motion declared carried. 1996 Moved by Sarlo, seconded by Beauvais, to concur with SUPPLEMENTAL Staff recommendation and recommend to the City Council APPROPRIA.: to approve 1996 Supplemental Appropriations in the amount of $5,812,693; and further recommend that Ordinance M -43- 97 be placed on First Reading at appropriate time this evening. Motion declared carried. PUBLIC WORKS - Alderman Higgason, Chair PROPOSED Director of Public Works Shirley reviewed his memo of STREET June 10, 1997, which outlined the proposed program that CLEANING is designed to provide scheduled sweeping of twenty -three PROGRAM: (23) streets where on- street parking is heavy enough to prohibit proper debris removal from street gutters. Permanent signs would be posted on both sides of each street stating the date and times that parking would be prohibited, April through November and, if approved, the program would begin in August. This program will not reduce the street sweeping in other areas of town; the current schedule provides for the entire City to be swept once every two to three weeks, depending on the weather. Ms. Audrey Ward, 1346 Everett Avenue, addressed the City Council stating that the snow routes are not being enforced; will this program be enforced? Moved by Elstner, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council to approve the proposed Street Cleaning Program with the amendment that the program be extended until December 15th of each year; and further recommend that the City Attorney be authorized to prepare final ordinance. Motion declared carried (further action on this matter under Consent Agenda on July 7, 1997). LEGAL & LICENSING - Alderman Beauvais, Chair LIQ. LIC. Petitioner John J. Wallner was sworn in by the City Clerk 1261 and gave testimony before the City Council ALGONQUIN: Moved by Christiansen, seconded by Elstner, to recommend to the City Council approval of change of ownership of Class H Liquor License for property located at 1261 Algonquin Road, d /b /a Jake's Pizza; contingent upon verification of fingerprints. Motion declared carried. Petitioners Dharmesh Bhagwakar and Harsha Bhagwakar were sworn in by the City Clerk and gave testimony before the City Council. Also in attendance was William J. Connelly, attorney for the petitioners. Moved by Christiansen, seconded by Higgason, to recommend to the City Council approval of change of ownership of Class B Liquor License for property located at 1141 S. Lee Street, d /b /a Foremost Liquors; contingent upon verification of fingerprints. Motion declared carried PAGE SIX 193. 6/16/97 Mayor 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- 28 -97, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R -28 -97 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,190,403.93. 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. 1996 Moved by Christiansen, seconded by Higgason, to concur SUPPLEMENTAL with recommendation of Committee of the Whole to approve APPROPRIA.: 1996 Supplemental Appropriations in the amount of $5,812,693; and place on First Reading Ordinance M- 43 -97. Ordinance Motion declared carried. M -43 -97 Moved by Christiansen, seconded by Elstner, to advance to Second Reading and adopt Ordinance M- 43 -97, AN ORDINANCE PROVIDING FOR THE SUPPLEMENTAL APPROPRIATION OF FUNDS FOR THE CORPORATE PURPOSES OF THE CITY OF DES PLAINES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1996 AND ENDING DECEMBER 31, 1996. 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. LIQ. LIC. Moved by Beauvais, seconded by Christiansen, to concur 1261 with recommendation of Committee of the Whole to approve ALGONQUIN: change of ownership of Class H Liquor License for property located at 1261 Algonquin Road, d /b /a Jake's Pizza, effective July 1, 1997; contingent upon verification of fingerprints. Motion declared carried. LIQ. LIC. Moved by Beauvais, seconded by Christiansen, to concur 1141 LEE: with•recommendation of Committee of the Whole to approve change of ownership of Class B Liquor License for property located at 1141 S. Lee Street, d /b /a Foremost Liquors, effective July 1, 1997; contingent upon verification of fingerprints. Motion declared carried. PETITIONS/ Mayor Jung referred petitions received by the City 1123 Clerk's Office on Wednesday, June 11, 1997, protesting LEAHY CIR.: the change of use at 1123 Leahy Circle from R -2 to a Nursing Home Scatter Site, to Staff for review and report. Alderman Elstner announced that there would be a meeting regarding this matter on Thursday, June 19, 1997 at 6:30 p.m. in Room 102 of City Hall. MONITORING/ At the request of Alderman Brookman, Mayor Jung referred STORE the matter of monitoring store scanners and gas pumps to SCANNERS & the Legal & Licensing Committee, which will hear this on GAS PUMPS: Monday, July 14, 1997. EXECUTIVE Moved by Beauvais, seconded by Higgason, to go into SESSION: Executive Session to discuss workmen's compensation claims and employees' compensation. Upon roll call, the vote was: 1 1 1 EXEC. SESS. (Cont'd.) APPROVED BY ME THIS r 0 PAGE SEVEN AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. City Council recessed at 8:58 p.m. City Council reconvened at 9:37 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. WORKMEN'S Moved by Beauvais, seconded by Christiansen, that City's COMPENSATION legal counsel be authorized to negotiate settlement in CLAIMS: workmen's compensation claims as directed in Executive Session. 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. NON - UNION Moved by Beauvais, seconded by Christiansen, to concur EMPLOYEES' with consensus in Executive Session that the civilian COMPENSATION: non -union employees be given a 3.5% general wage increase effective May 1, 1997 to April 30, 1998, and City Attorney be authorized to prepare necessary ordinance. 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. ADJOURNMENT: Moved by Christiansen, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:39 p.m. 194. 6/16/97 Donna McAllister, CMC /AAE - CITY CLERK