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08/17/1998153 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, AUGUST 17, 1998 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, August 17, 1998. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Arredia. Alderman Smith was absent. Also present were: Acting City Manager/Director of Public Works Shirley, Assistant to the City Manager Johnson, Director of Economic Development Klaus, Director of Finance & Administrative Services Egeberg, Deputy Fire Chief Pratt, Police Chief Sturlini, City Engineer Oakley, Director of Community Development D'Onofrio, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel and City Attorney Wiltse. PRAYER AND PLEDGE: The opening prayer was given by Father Andrei Sommer, Holy Virgin Protection Cathedral, followed by the Pledge of Allegiance to the Flag. CITIZEN Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the PARTICIPA.: City Council stating that the Director of Finance & Administrative Services recently was presented with an award from the Government Finance Officers Association of the United States and Canada (GFOA); taypayers should not have to pay for an application fee and plaque to the GFOA to receive an award. CONSENT AGENDA: Mr. Dick Sayad, 290 Shannon Court, addressed the City Council stating that variation signs are not seen by the neighbor in the rear of the house; a letter should be sent to that neighbor by the City; thanks to Ameritech for the quick refund; complaints about Ameritech should be directed to the City Manager's office. Alderman Elstner requested that Item 2 be removed from the Consent Agenda. Moved by Sarlo, seconded by Brookman, to establish a Consent Agenda except for Item 2. Motion declared carried. Moved by Higgason, seconded by Beauvais, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7 -Beauvais, Christiansen, Elstner, Higgason Brookman, Sarlo, Arredia NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinances M-58-98, T-11-98, T-12-98 and T-13-98 were adopted. MINUTES: Consent Agenda PUBLIC IMPROV.SURETY/ 504-508 LINCOLN: PATIO VARIATION/ 1131 WEXFORD: Consent Agenda PATIO VARIATION/ 2172 WEBSTER: Consent Agenda PARKING PAD VARIATION/ 1649 S. CHESTNUT: Consent Agenda PARKING PAD VARIATION/ 350 S. MT. PROSPECT RD: Consent Agenda 154 8/17/98 PAGE TWO Moved by Higgason, seconded by Beauvais, to approve minutes of the regular meeting of the City Council held August 3, 1998, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Arredia, to hold the request for reduction to the public improvement surety (Letter of Credit) of 56% or from $48,770 to $21,458.80, for the Delgado's Third Resubdivision, 504-508 Lincoln Avenue, until the next City Council meeting on September 8, 1998. Motion declared carried. Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 515.0 of the Building Code, for property located at 1131 Wexford Court, to permit construction of an oversized patio with a total area of approximately 702 square feet (Code permits patios to have a maximum total area of 344 sq. ft.); and petitioner to pay a double permit fee of $56 for constructing without a building permit. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 515.0 of the Building Code, for property located at 2172 Webster Lane, to permit reconstruction of patio that would extend 24' from building foundation with a total area of approximately 702 sq. ft. and be located 2.5' from the side property line (Code permits patios to extend 15' from the building foundation; have a total area of 344 sq. ft.; and be located at least 5' from any lot line). Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 111.7.1 of the Building Code for property located at 1649 S. Chestnut Street, to permit reconstruction of a parking pad adjacent to existing driveway that would cover more than 50% of the front yard with pavement (this is a one-to-one replacement of the existing parking pad/driveway). Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 111.7.1 of the Building Code, for property located at 350 S. Mt. Prospect Road, to permit reconstruction of an existing parking pad adjacent to the driveway that would cover more than 50% of the required front yard (this is a one-to-one replacement of the existing parking pad/driveway). Motion declared carried as approved unanimously under Consent Agenda. 155 8/17/98 PAGE THREE BID AWARD/ Moved by Higgason, seconded by Beauvais, to concur LEAK with Staff recommendation to award bid for Leak DETECTION: Detection, Spill/Overfill Prevention, and Cathodic Consent Protection for Two (2) Underground Storage Tanks and Agenda Piping at 1420 Miner Street (upgrades) for the lowest bid to meet specifications, to bidder Accurate Tank Technologies, Inc., 27W271 Galusha, Warrenville, IL 60555, in the total amount of $33,406/1998 General Fund. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ Moved by Higgason, seconded by Beauvais, to concur DUMP TRUCKS: with Staff recommendation to award bid for Four (4) Consent 1999 Heavy Duty Dump Trucks with Central Hydraulic Agenda Systems, Front Mounted Snow Plows and Salt Spreaders, to the lowest bidder, Chicago Truck Center, 1015 W. Pershing Road, Chicago, IL 60609, in the bid amount of $284,200, plus the option of Four (4) On -Board Liquid Calcium Chloride (LCC) Tanks at $1,495 each, for a total amount of $290,180/C.E.R.F. Funds. Motion declared carried as approved unanimously under Consent Agenda. CHANGE ORDER/ Moved by Higgason, seconded by Beauvais, to concur HOWARD AVE. with Staff recommendation to approved Change Order No. RECONSTRUC. One to contract with Arrow Road Construction Company, PROJECT: 3401 Busse Road, Mt. Prospect, IL 60056, for Howard Consent Avenue MFT Reconstruction Project (approved by City Agenda Council on March 16, 1998), to replace and relocate traffic signal electrical conduit in the amount of $4,237.20/MFT Funds, Section 98-00174-00 FP; and City Clerk be authorized to execute necessary documents. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Higgason, seconded by Beauvais, to adopt M-58-98 Ordinance M-58-98, AN ORDINANCE IN REGARD TO THE RECAPTURE CONSTRUCTION OF THE ZIGGY ZLOTORZYCKI HILLS AVENUE AGREEMENT/ MUNICIPAL STORM WATER SEWER EXTENSION. Motion 1576-1636 declared carried as approved unanimously under Consent HILLS AVE: Agenda. Consent Agenda ORDINANCE Moved by Higgason, seconded by Beauvais, to adopt T-11-98 Ordinance T-11-98, AN ORDINANCE AMENDING SECTION 10 -5 - PARKING 17 "PARKING PROHIBITED IN DESIGNATED PLACES,." RESTRICTION/ "SCHEDULE I," OF CHAPTER 5 "STOPPING, STANDING AND FIFTH AVE.: PARKING," TITLE X, OF THE CITY CODE OF DES PLAINES, TO Consent ADD THERETO "FIFTH AVENUE FROM GOLF ROAD TO THE NORTH Agenda END OF FIFTH AVENUE, WEST SIDE." Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Higgason, seconded by Beauvais, to adopt T-12-98 Ordinance T-12-98, AN ORDINANCE AMENDING SECTION 10 -5 - PARKING 5(G) "RESTRICTED PARKING - VARIOUS HOURS," OF CHAPTER RESTRICTION/ 5, TITLE X, OF THE CITY CODE OF DES PLAINES, TO ADD FIFTH AVE.: THERETO "EAST SIDE OF FIFTH AVENUE FROM GOLF ROAD TO Consent THE NORTH END, 8:00 A.M. TO 9:00 A.M. AND 3:00 P.M. TO Agenda 4:00 P.M. ON SCHOOL DAYS." Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE T-13-98 PARKING RESTRICTION/ CORNELL & DRAKE: Consent Agenda ADVERTISING FOR BIDS: TEMP. CONTROL UNIT APPOINTMENTS/ REAPPOINT.: CITY WATER DISCONNECT/ 495 Bell: 156 8/17/98 PAGE FOUR Moved by Higgason, seconded by Beauvais, to adopt Ordinance T-13-98, AN ORDINANCE AMENDING SECTION 10-5- 5(G) "RESTRICTED PARKING - VARIOUS HOURS," OF CHAPTER 5, TITLE X, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "CORNELL AVENUE, FROM DRAKE LANE TO STONE STREET (200 BLOCK), WEST SIDE OF STREET, FROM 8:00 A.M. TO 10:00 A.M., WEEKDAYS" AND "DRAKE LANE, FROM CAMBRIDGE AVENUE TO WOLF ROAD, NORTH SIDE OF STREET, FROM 8:00 A.M. TO 10:00 A.M., WEEKDAYS." Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Arredia, to cancel authorization to advertise for bids for Data -Aire Computer Room Temperature Control Unit for Fire Station #1, with a bid return date of August 21, 1998. Motion declared carried. The following appointments/reappointments are being presented for consideration: KEEP DES PLAINES BEAUTIFUL Reappointments - Candace Messerschmidt, Larry Golberg, Noreen Lake Appointments - Kevin Collins, Jamie Oros, Donna Holtz CONSUMER PROTECTION COMMISSION Reappointments - Marilyn O'Brien, Bill Grice CABLE TELEVISION COMMISSION Appointment - Julie Tobin (final action on this matter under Consent Agenda on September 8, 1998) MAYOR JUNG DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE PUBLIC WORKS - Alderman Higgason, Chair Director of Public Works Shirley reviewed City Manager Douthwaite's memo of August 12, 1998, regarding the request for disconnection from the City Water System. Mrs. Alice Judge, 495 Bell Drive, is requesting a disconnection so that she may dig and connect to a private well because Mr. Judge experiences allergic reactions when coming into contact with City tap water. Moved by Arredia, seconded by Elstner, to grant request for disconnection from the City Water System for property located at 495 Bell Drive; and further recommend that City Attorney be authorized to draft necessary ordinance to allow for similar variations to Section 3-4-2 of the City Code. Motion declared carried. 157 8/17/98 PAGE FIVE AD HOC TREE TRIMMING COMMITTEE - Ald. Elstner, Chair MORATORIUM/ Director of Public Works Shirley reviewed his memo of COMM. EDISON August 12, 1998, regarding the moratorium on TREE MAINT. Commonwealth Edison Tree Trimming. The Ad Hoc Tree PROGRAM: Trimming Committee concurs that the ban on tree trimming should be lifted by the City Council at this time. Recommendations include: increasing public awareness, Commonwealth Edison to keep up with a 4 - year tree trimming cycle, Commonwealth Edison to communicate to tree crews the sensitivity of Des Plaines residents and direct contact by the City Forester and Commonwealth Edison with residents to resolve specific issues. Moved by Elstner, seconded by Sarlo, to recommend to the City Council to rescind Resolution R-44-98, A RESOLUTION IMPOSING A MORATORIUM ON THE COMMONWEALTH EDISON TREE TRIMMING MAINTENANCE PROGRAM. Motion declared carried. FINANCE & ADMINISTRATION - Ald. Christiansen, Chair 1998-1999 Director of Finance & Administrative Services Egeberg HEALTH reviewed his memo of August 12, 1998, regarding the INSURANCE 1998-99 Health Insurance Rates. He presented to the RATES: Committee of the Whole the possible addition of a PPO type dental program, a PPO Physicians Network and a new drug card program. Linda Laffey, 1888 Fargo, addressed the Committee of the Whole, stating that she does not understand the percentage increases; the Medicare Supplement (HMO) has an increase of 67.1% and the Single Rate (PPO) only a 2.0% increase. Director of Finance and Administrative Services Egeberg explained that insurance rates are not viewed collectively, each category is viewed separately for increases. Moved by Beauvais, seconded by Brookman, to recommend to the City Council to accept proposed changes to 1998-1999 health insurance rates as listed :in Resolution R-50-98; and further recommend that Resolution R-50-98 be adopted at appropriate time this evening. Motion declared carried. WARRANT Moved Arredia, seconded by Sarlo, to concur with Staff REGISTER: recommendation and recommend to the City Council approval of August 17, 1998 - Warrant Register, in the amount of $3,111,936.19, which includes $3,593.69 in expenditures to Home Depot; and further recommend that Resolution R-51-98 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving the $3,593.69 in expenditures to Home Depot - conflict of interest). PROPOSED ZONING TEXT - MAP: 4eCc;:VCS-- ZONING CASE 98 -15 -PUD/ PRELIMINARY PUD: DEVELOPER/ DOWNTOWN REDEVELOPMENT PROJECT: ORDINANCE M-59-98 HOME RULE SALES TAX INCREASE: 158 8/17/98 PAGE SIX COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair Director of Community Development D'Onofrio reviewed his memo of August 11, 1998, regarding the adoption of the proposed zoning ordinance, which includes changes based on direction from the City Council. Moved by Beauvais, seconded by Christiansen, to concur with Staff recommendation and recommend to the City Council approval of the proposed zoning ordinance with Parcels #38 and #39 zoned at the current C-3; change Section 2.3.1 to reflect that the Plan Commission will elect their own Chairperson; delete "limited retail sales" from the definition of M-3 Special Manufacturing District;f5 Motion declared carried. Director of Community Development D'Onofrio reviewed his memo of August 10, 1998, regarding the request for the Planned Unit Development, Zoning Case 98 -15 -PUD, for property bounded by Lee Street, Ellinwood Street, Pearson Street and Prairie Avenue. The Zoning Board of Appeals and the Plan Commission recommended approval subject to the following conditions: 1) that the recommendation and concerns outlined in the Staff Report be addressed; 2) the developer reconsider the density of the project; and, 3) the width of Library Court be increased to 24 feet. Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation and recommend to the City Council approval of the preliminary Planned Unit Development (Plaines Town Center); for property bounded by Lee Street, Ellinwood Street, Pearson Street and Prairie Avenue, Zoning Case 98 -15 -PUD. Motion declared carried. Aldermen Brookman and Arredia voted no. Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation and recommend to the City Council approval of the developer, Norwood Builders, 7458 N. Harlem Ave., Chicago, IL 60648, for the Residential Parcel of the Downtown Redevelopment Project (Plaines Town Center); and further recommend that Resolution R-52-98 be adopted at appropriate time this evening. Motion declared carried. Aldermen Brookman and Arredia voted no. MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Sarlo, seconded by Higgason, to place on First Reading Ordinance M-59-98, AN ORDINANCE AMENDING SUBSECTION 5-42-1(A) AND 5-42-1(B) OF CHAPTER 42 "HOME RULE RETAILERS" AND SERVICE OCCUPATION TAX," OF TITLE V "BUSINESS REGULATIONS" OF THE CITY CODE OF DES PLAINES, TO REFLECT A 1/4% TAX INCREASE. Upon roll call, the vote was: AYES: 4 -Beauvais, Elstner, Higgason, Sarlo NAYS: 3 -Christiansen, Brookman, Arredia ABSENT: 1 -Smith Motion declared carried. * add "and ordinance be placed on First Reading and hold on Second Reading until the next City Council meeting." 1 1 1 159 . 8/17/98 PAGE SEVEN CITY WATER Moved by Higgason, seconded by Beauvais, to grant DISCONNECT/ request for disconnection from the City Water System 495 BELL: for property located;at 495 Bell Drive; and further recommend that City Attorney be authorized to draft necessary ordinance to allow for similar variations to Section 3-4-2 of the City Code. Motion declared carried. MORATORIUM/ Moved by Elstner, seconded by Arredia, to concur with COMM. EDISON recommendation of Committee of the Whole to rescind TREE MAINT. Resolution R-44-98, A RESOLUTION IMPOSING A MORATORIUM PROGRAM: ON THE COMMONWEALTH EDISON TREE TRIMMING MAINTENANCE PROGRAM. Motion declared carried. HEALTH Moved by Christiansen, seconded by Brookman, to concur INSURANCE with recommendation of Committee of the Whole to RATES: accept proposed changes to 1998-1999 health insurance rates as listed in Resolution R-50-98 and to adopt Resolution Resolution R-50-98, A RESOLUTION ADOPTING PREMIUM R-50-98 RATES AND CONTRIBUTIONS TO THE HEALTH AND LIFE INSURANCE BENEFIT PLANS FOR THE CITY OF DES PLAINES FOR THE PLAN YEAR COMMENCING OCTOBER 1, 1998. Alderman Higgason stated for the record that she does not agree with the dental program due to lack of information and time. Alderman Beauvais stated for the record that she does not agree with the dental program due to lack of information and time. Upon roll call, the vote was: AYES: 7 -Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Arredia NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. WARRANT Moved by Christiansen, seconded by Arredia, to concur REGISTER: with recommendation of Committee of the Whole to adopt Resolution R-51-98, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS R-51-98 ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,111,936.19, which includes $3,593.69 in expenditures to Home Depot. Upon roll call, the vote was: AYES: 7 -Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Arredia NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried (Alderman Elstner abstained on approving the $3,593.69 in expenditures to Home Depot) . PROPOSED Moved by Sarlo, seconded by Christiansen, to concur ZONING TEXT- with recommendation of Committee of the Whole to MAP: approve the proposed zoning ordinance with Parcels #38 and #39 zoned at the current C-3; change Section 2.3.1 to reflect that the Plan Commission will elect their own Chairperson; delete "limited retail sales" from the definition of M-3 Special Manufacturing District;l- CO�L�� a ar. eye. Motion declared carried. phi * add "and ordinance be placed on First Reading and hold on Second Reading until the next City Council meeting. 1 1 ZONING CASE 98 -15 -PUD/ PRELIMINARY PUD: DEVELOPER/ DOWNTOWN REDEVELOPMENT PROJECT: Resolution R-52-98 ADJOURNMENT: 1 160 8/17/98 PAGE EIGHT Moved by Sarlo, seconded by Christiansen, to concur with recommendation of Committee of the Whole to approve preliminary Planned Unit Development (Plaines Town Center); for property bounded by Lee Street, Ellinwood Street, Pearson Street and Prairie Avenue, Zoning Case 98 -15 -PUD. Motion declared carried. Aldermen Brookman and Arredia voted no. Moved by Sarlo, seconded by Christiansen, to concur with recommendation of Committee of the Whole to approve the developer, Norwood Builders, 7458 N. Harlem Ave., Chicago, IL 60648, for the Residental Parcel of the Downtown Redevelopment Project (Plaines Town Center); and to adopt Resolution R-52-98, A RESOLUTION APPROVING NORWOOD BUILDERS FOR A PROJECT ON THE RESIDENTIAL PARCEL IN THE DOWNTOWN REDEVELOPMENT/LIBRARY PROJECT. Upon roll call, the vote was: AYES: 5 -Beauvais, Christiansen, Elstner, Higgason, Sarlo NAYS: 2 -Brookman, Arredia ABSENT: 1 -Smith Motion declared carried. Moved by Christiansen, seconded by Elstner, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:51 p.m. APPROVED BY ME THIS 207 1 erson - DEPUTY CITY CLERK