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0307941 22. 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, MARCH 7, 1994 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Ted Sherwood at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 7, 1994. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Curley, Sarlo, Chiropolos, Haupt. Alderman Kisslinger was absent. Also present were: City Treasurer Fredricks, City Manager Douthwaite, City Comptroller Peters, Police Chief Storm, Fire Chief Farinella, Director of Public Works Shirley, Building Official Duchesne, City Engineer Oakley, Public Safety Communications Coordinator Ornberg, Human Resources and Services Director Merriman, and City Attorney Wiltse. PRAYER AND PLEDGE: CONSENT AGENDA: MINUTES: ELEVATOR VARIATION/ 1680 TOUHY: consent Agenda FUNDING/ SOCIAL SVS. AGENCIES: Consent Agenda The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Alderman Christiansen requested that Item 1 be removed from the Consent Agenda. Moved by Sarlo, seconded by Beauvais, to establish a Consent Agenda except for Item 1. Motion declared carried. Moved by Sarlo seconded by Chiropolos, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Kisslinger Motion declared carried (Alderman Christiansen abstained from voting for funding of The Center for Concern under Item 3 on the Consent Agenda) . The Staff recommendations and requests are approved; Ordinances M-24-94, T-2-94, and T-3-94 are adopted; Ordinance M-25-94 is placed on First Reading; and Resolution R-12-94 is adopted. Moved by Christiansen, seconded by Beauvais, to approve minutes of regular meeting of the City Council held February 23, 1994, as published. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on February 23, 1994, to deny request for Elevator Variation to permit an undersized elevator in a non-residential structure on property located at 1680 Touhy Avenue; but further recommends that City equally split the cost to meet elevator specifications in an amount not to exceed $25, 000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on February 28, 1994, re funding of Social Service Agencies for 1994 as follows: Rainbow Hospice $3,500 Shelter, Inc. $4,400 Des Plaines Youth Club $8,000 Self Help Food Closet $1,600 The Salvation Army $7,000 The Harbour, Inc. $3,000 Maine Center for Mental Health Northwest Action Against Rape Fighting Back/District #214 Special People, Inc. $5,000 $2,000 $2,000 $3,000 FUNDING (Cont'd.) LIC. AGMT./ 1600 THACKER: consent Agenda Ordinance M-25-94 RESOLUTION R-12-94 REPAIR OF RIVER ROAD: consent Agenda ORDINANCE M-24-94 AMENDMENT TO SPRINKLER ORDINANCE consent Agenda ORDINANCE T-2-94 PARKING RESTRICTION/ CHESTNUT ST.: consent Agenda ORDINANCE T-3-94 PARKING RESTRICTION/ BRENTWOOD DR. consent Agenda CHANGES TO FOI PROCEDURES: 123. 3/7/94 PAGE TWO The Center for Concern $1,000 The Volunteer Center $1,000 Northwest Suburban Day Care $17,000 Suburban Primary Health Care Council $1,500 Motion declared carried as approved under Consent Agenda (Alderman Christiansen abstained from voting for funding of The Center for Concern). Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to approve License Agreement with Norwood Builders to permit installation and maintenance of paver block service walks within the right-of-way of Thacker Street adjacent to their building at 1600 Thacker Street; and further recommend to place on First Reading Ordinance M-25-94 I AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH NORWOOD BUILDERS, INC., FOR THE INSTALLATION OF BRICK PAVERS SIDEWALK IN THE PUBLIC RIGHT-OF-WAY ADJACENT TO AND IN FRONT OF 1600 THACKER STREET, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to adopt Resolution R-12-94, A RESOLUTION OF THE CORPORATE AUTHORITIES OF THE CITY OF DES PLAINES URGING THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION TO RECONSTRUCT DES PLAINES/RIVER ROAD, BETWEEN GOLF ROAD AND DEVON AVENUE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance M-24-94, AN ORDINANCE AMENDING SECTION 7-16- 5(A) (3) OF CHAPTER 16 "AUTOMATIC SPRINKLER SYSTEMS," TITLE VII, OF THE CITY CODE OF DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance T-2-94, AN ORDINANCE AMENDING SCHEDULE I, OF SECTION 10-5-17 "PARKING PROHIBITED IN DESIGNATED PLACES, " OF THE CITY CODE OF DES PLAINES, TO DELETE THEREFROM "CHESTNUT STREET, FROM HOWARD AVENUE TO THE NORTH LINE OF APACHE PARK, EAST SIDE OF THE STREET," AND TO ADD THERETO "CHESTNUT STREET, FROM THE NORTH LINE OF APACHE PARK TO FARGO AVENUE, WEST SIDE OF STREET," AND FURTHER AMENDING SECTION 10-5-5 (G), SCHEDULE II, TO DELETE THEREFROM "CHESTNUT STREET, FROM FARGO AVENUE TO 200 FT. NORTH OF FARGO AVENUE, WEST SIDE OF STREET, 2:00 A.M. TO 10:00 A.M." Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance T-3-94, AN ORDINANCE AMENDING SCHEDULE II, SECTION 10-5-5(A) (1) 11 15 MINUTE PARKING LIMIT," OF THE CITY CODE OF DES PLAINES, TO DELETE THEREFROM "BRENTWOOD DRIVE, FROM THE CORNER OF DULLES ROAD TO THE END OF BRENTWOOD SCHOOL PROPERTY, SOUTH SIDE OF STREET." Motion declared carried as approved unanimously under Consent Agenda. Mayor Sherwood declared that the city council was now resolved into a committee of the Whole. LEGAL & LICENSING Alderman Haupt, Chair A general discussion was held on City Attorney Wiltse's memo of March 2, 1994 regarding his recommended changes to City's procedures for handling requests under the Freedom of Information Act, i.e. charging a flat $100 fee to any individual or company who, in the determination FOI PROCEDURE (Cont'd.) ENVIRONMENTAL ENGR. SVS./ 1274 RAND: LIQ. LIC. 101 w. OAKTON: 6(b) TAX CLASSIFICA./ 2000 S. WOLF: 1 24. 3/7/94 PAGE THREE of the City Attorney, is making the request in furtherance of a commercial purpose, and that the City move to a $. 25 per page copy charge instead of the present $.05 per page copy charge. Mr. Wayne Serb in, 8 3 5 Pearson Street, addressed the Council and stated that he is irritated that City money is being used for commercial purposes and supports the $100 fee, however, he is opposed to the $.25 per page copy charge. Mr. Jack Flynn, 1271 Fargo Avenue, addressed the Council and stated his opposition to the $. 2 5 per page copy charge. Acting Chairman of the Legal & Licensing Committee, Alderman Haupt, continued this matter to the next meeting of the City Council on March 21, 1994, and requested that the City Attorney prepare a draft ordinance for the Council's review at that time. Moved by Chiropolos, seconded by Beauvais, to concur with Staff recommendation and recommend to the City Council that City accept proposal from Graef, Anholt, Schloemer & Associates, Inc., 8501 W. Higgins Road, Suite 280, Chicago, IL 60631, to prepare the IEPA required corrective action plan pertaining to the used oil release from the Keep Des Plaines Beautiful underground storage tank at 1274 Rand Road (Maine Scrap Metal, Inc.) in the amount of $3,300 (this in preparation for the removal of the contaminated soils which will come before the Council at a later date) , and Mayor be authorized to execute necessary document. Motion declared carried. Store Manager Sandra Hixon was sworn in by the City Clerk and gave testimony before the City Council. Moved by Chiropolos, seconded by Beauvais, to recommend to the City Council approval of request for Class B Liquor License for property located at 101 W. Oakton Street, d/b/a Sam's Club #6464, contingent upon verification of fingerprints. Mr. Jack Flynn, 1271 Fargo Avenue, addressed the Council and questioned what the tax break would be for Sam's Club locating in Des Plaines. Alderman Haupt reviewed the guidelines for having a liquor license and the applicant gave assurance that they would be followed. Motion declared carried (approval of this matter and ordinance by the City Council will come under Consent Agenda on March 21, 1994). FINANCE & ADMINISTRATION Alderman Haupt, Chair Moved by Chiropolos, seconded by Christiansen, to concur with Staff recommendation and recommend to the City Council that the City support and consent to the granting of a Cook County Real Estate Classification 6(b) exemption to Nu-Way Industries, Inc., 2000 s. Wolf Road, and Resolution R-13-94 be adopted at appropriate time this evening. Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City Council and spoke in opposition of granting this 6 (b) tax classification for Nu-Way Industries, Inc. Ms. Mary Howard, Corporate Counsel for Nu-Way Industries, Inc., addressed the City Council and gave evidence to support their request. 2000 S. WOLF (Cont'd.) WARRANT REGISTER: POSITION CLASSIFICA./ 9-1-1: FENCE VARIATION/ 1309 OAKWOOD: NEW BRANCH PICKUP PROGRAM: ICAP COMPLIANCE INCENTIVE/ WOODLAND TOWNHOMES: 1 2 s. 3/7/94 PAGE FOUR Moved by Curley, seconded by Elstner, that this item be tabled until the next regular meeting of the City Council on March 21, 1994. Upon roll call, the vote was: AYES: 2-Elstner, Curley NAYS: 5-Beauvais, Christiansen, Sarlo, Chiropolos, Haupt ABSENT: 1-Kisslinger Motion declared failed. Motion declared carried on the original motion to grant. Alderman Curley voted no. Moved by Sarlo, seconded by Chiropolos, to recommend to the City Council approval of the March 7, 1994 Warrant Register in the amount of $1,473,899.54, and Resolution R-14-94 be adopted at appropriate time this evening. Motion declared carried. Moved by Chiropolos, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council creation of a new position classification of Emergency Communication Specialist/Computer System Analyst (9-1-1) with a salary range of $27,838 -$36,568, and Ordinance M-26-94 be placed on First Reading at appropriate time this evening. Motion declared carried. Alderman Curley voted no. BUILDING CODE Alderman Christiansen, Chair Moved by Elstner, seconded by Curley, to concur with Staff recommendation and recommend to the City Council to grant request from Des Plaines Park District for Fence Variation on property located at 1309 Oakwood Avenue as follows: 1) Allow a partial eight (8) foot fence along the east property line, however, fence must extend ten {10) feet from the public sidewalk, as is required, to a line at the northwest corner of the adjacent garage; 2) Allow no fence to be constructed (as required) along the south property line, and 3) To require, as a condition of this variation, that a minimum four ( 4) foot high landscaping screen be planted and maintained along the property lines where fencing will not be constructed. Motion declared carried. Mayor Sherwood assumed the chair, and declared the city council back in session. Moved by Haupt, seconded by Curley, to concur with recommendation of the Committee of the Whole on February 28, 1994, that City implement a new annual Branch Pickup Program that would provide for two (2) pickups in the spring and one (1) pickup in the fall by zone according to weekday of regular garbage pickup. Motion declared carried. Moved by Beauvais, seconded by Christiansen, to suspend the rules to permit public comment on the proposal that in lieu of sump pumps, offered free of charge to homeowners as an incentive and part of the ICAP compliance program, that the City offer the value of the sump pump to each resident of the Woodland Townhomes, 1560A through 1578F Woodland Avenue, to partially defray the cost of running a storm sewer line to the subdivision, inasmuch as the Woodland Townhomes do not need sump pumps. Motion declared carried. Ms. Ivy Kroman, 1572A Woodland Avenue, representing the residents of the Woodland Townhomes, addressed the City Council and outlined the diligent effort the residents Ott ICAP (Cont'd.) ENVIRONMENTAL ENGR. SVS./ 1274 RAND: 6(b) TAX CLASSIFICA./ 2000 S. WOLF: Resolution R-13-94 RESOLUTION R-14-94 WARRANT REGISTER: POSITION CLASSIFICA./ 9-1-1: Ordinance M-26-94 1 26. 3/7/94 PAGE FIVE are making in order to comply with ICAP Program and the difficulties they are encountering. Ms. M. Roman, 1564 Woodland Avenue, addressed the City Council expressing great concern for their children's health and safety because of what is being required for compliance. Mr. Jim Dobson, 1572 Woodland Avenue, addressed the City Council regarding the difficulty of complying with the ICAP Program because the ordinances are so vague. Moved by Beauvais, seconded by Elstner, that this matter be tabled until the Special Meeting of the City Council on March 15, 1994. Motion declared carried. City Attorney Wiltse stated that the Court date for these residents will be changed to March 24, 1994 and they will be notified. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of the Committee of the Whole that City accept proposal from Graef, Anhalt, Schloemer & Associats, Inc., 8501 W. Higgins Road, Suite 280, Chicago, IL 60631, to prepare the IEPA required corrective action plan pertaining to the used oil release from the Keep Des Plaines Beautiful underground storage tank at 1274 Rand Road (Maine Scrap Metal, Inc.) in the amount of $3,300 (this in preparation for the removal of the contaminated soils which will come before the Council at a later date), and Mayor be authorized to execute necessary document. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Kisslinger Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of the Committee of the Whole that the City support and consent to the granting of a Cook County Real Estate Classification 6 (b) exemption to Nu-Way Industries, Inc., 2000 s. Wolf Road, and further recommend the adoption of Resolution R-13-94, A RESOLUTION INDICATING MUNICIPAL APPROVAL OF A COOK COUNTY REAL ESTATE CLASS 6(b) PROPERTY TAX EXEMPTION TO THE NU- WAY INDUSTRIES, INC. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Kisslinger Motion declared carried. Moved by Chiropolos, seconded by Sarlo, to concur with recommendation of Committee of the Whole to adopt Resolution R-14-94, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $1,473,899.54. Upon roll call the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Kisslinger Motion declared carried. Moved by Chiropolos, seconded by Sarlo, to concur with recommendation of Committee of the Whole to create a new position classificaton of Emergency Communication Specialist/Computer System Analyst (9-1-1) with a salary range of $27, 838 -$36, 568, and further recommend to place on First Reading Ordinance M-26-94, AN ORDINANCE AMENDING SCHEDULE VII "TELE-COMMUNICATION OPERATORS GROUP" OF _SECTION 1-15-4 "CLASSIFICATION PLAN TO THE CITY =================================--------------------------------~---~ 9-1-1 (Cont'd.) FENCE VARIATION/ 1309 OAKWOOD: EXECUTIVE SESSION: COLLECTIVE BARGAINING/ MECCA: ADJOURNMENT: 1 27. 3/7/94 PAGE SIX SERVICE, " OF CHAPTER 15, TITLE I, OF THE CITY CODE OF DES PLAINES, TO ADD THE POSITION OF "EMERGENCY COMMUNICATIONS SPECIALIST/COMPUTER SYSTEM ANALYST." Motion declared carried. Moved by Christiansen, seconded by Curley, to concur with recommendaton of Committee of the Whole to grant request from Des Plaines Park District for Fence Variation on property located at 1309 Oakwood Avenue as follows: 1) allow a partial eight (8) foot fence along the east property line, however, fence must extend ten (10) feet from the public sidewalk, as is required, to a line at the northwest corner of the adjacent garage; 2) Allow no fence to be constructed (as required) along the south property line, and 3) To require, as a condition of this variation, that a minimum four ( 4) f oat high landscaping screen be planted and maintained along the property lines where fencing will not be constructed. Motion declared carried. Moved by Sarlo, seconded by Beauvais, to go Executive Session to discuss collective bargaining. roll call the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Kisslinger Motion declared carried. Council recessed at 9:19 p.m. Council reconvened at 10:04 p.m. into Upon Roll call Beauvais, Haupt. indicated the following aldermen present: Christiansen, Elstner, Curley, Chiropolos, Moved by Haupt, seconded by Elstner, that City's negotiating team be authorized to negotiate contract with MECCA Union (Public Works) as directed in Executive Session. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Elstner, Curley, Chiropolos, Haupt NAYS: 0-None ABSENT: 2-Kisslinger, Sarlo Motion declared carried. Moved by Curley, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:07 p.m. CITY CLERK