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09-05-19951 3 7. 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, TUESDAY, SEPTEMBER 5, 1995 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 Tuesday, September 5, 1995. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Elstner, Higgason, Sarlo, Chiropolos, Arredia. Aldermen Beauvais and Curley were absent. Alderman Curley arrived at 7:03 p.m. Also present were: City Treasurer Fredricks, City Manager Douthwaite, Economic Development Director Klaus, Director of Finance & Administration Peters, Police Captain Meese, Fire Chief Farinella, Public Works Director Shirley, City Engineer Oakley, Community Development Director D'Onofrio, Emergency Communications Director Ornberg, Human Resources and Services Department Director Merriman, and City Attorney Wiltse. PRAYER AND PLEDGE: CONSENT AGENDA: MINUTES: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Moved by Sarlo, seconded by Chiropolos, that Items 3, 3a, 4 and 4a be removed from the Consent Agenda and ref erred to the Legal & Licensing Committee for review and report. Motion declared carried. Alderman Elstner requested that Item 1 be removed from the Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to establish a Consent Agenda except for Items 1, 3, 3a, 4 and 4a. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. The minutes are approved. The Staff recommendations and requests are approved; Ordinances M-46-95 and M-4 7-95 are adopted; and Ordinances M-50-95, M-51-95 and M-52-95 are placed on First Reading. Moved by Elstner, seconded by Higgason, to approve minutes of regular meeting of the City Council held August 21, 1995. Corrections: Page Three, fourth heading, third paragraph, seventh line -delete the word "are" and insert "will be;" Page Four, first heading, second paragraph, fourth line, change "womanized" to "wolmanized;" Page Six, second heading, first paragraph, seventh line, change "are" to "will be;" third heading, first paragraph, second line, add after word repair "of only those areas that are damaged;" fourth line, change "womanized" to "wolmanized;" sixth line, add after word wall "that Director of Public Works be authorized to hire consultant to develope specifications at a cost not to exceed $5,000 and;" Page Seven, second heading, first 1 ine should read "Moved by Sarlo, seconded by Higgason." Following corrections, motion declared carried. MINUTES/ EXECUTIVE SESSION: consent Agenda CLARIFY POWERS OF CITY MANAGER: Ordinance M-48-95 PENALTY PROVISION/ NUISANCE VIOLATIONS: Ordinance M-49-95 HUMAN SVS. ADVISORY COMMISSION: consent Agenda Ordinance M-50-95 LICENSE AGREEMENT/ 1841 ASH: consent Agenda Ordinance M-51-95 LICENSE AGREEMENT/ 751 WATERFORD: consent Agenda Ordinance M-52-95 SALES TRAILER/ 180 E. THACKER: Consent Agenda 1 38. 9/5/95 PAGE TWO Moved by Sarlo, seconded by Chiropolos, to approve minutes of Executive Session of the City Council held August 21, 1995. Motion declared carried as approved unanimously under Consent Agenda. Referred to the Legal & Licensing Committee Referred to the Legal & Licensing Committee Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to amend Section 2-25-5(A) of Chapter 25 "Human Services Advisory Commission" of the city Code to indicate that all meetings of the Commission be held quarterly instead of monthly; and further recommend to place on First Reading Ordinance M-50-95, AN ORDINANCE AMENDING SECTION 2-25-5(A) OF CHAPTER 25 "HUMAN SERVICES ADVISORY COMMISSION," TITLE II, OF THE CITY CODE OF DES PLAINES, TO PROVIDE FOR ALL COMMISSION MEETINGS TO BE HELD QUARTERLY, AND FURTHER AMENDING SECTION 2-25-5 TO ADD THERETO A NEW SUBSECTION 2-25-5(C) "SPECIAL MEETINGS." Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to grant request to permit installation of a sprinkler system in parkway adjacent to property located at 1841 Ash Street contingent upon submission to the City of as-built drawing showing location of the sprinkler system components; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-51-95, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH MARY CLEMENTE, FOR THE INSTALLATION OF A LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 1841 S. ASH STREET, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to grant request to permit installation of a sprinkler system in parkway adjacent to property located at 751 Waterford Drive contingent upon submission to the City of as-built drawing showing location of the sprinkler system components; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-52-95, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH JEFF HOPMEYER, FOR THE INSTALLATION OF A LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 751 WATERFORD AND ADJACENT CARLOW DRIVE, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to grant request to permit the opening of a sales trailer on property located at 180 Ee Thacker Street prior to approval of the subdivision by the Des Plaines Plan Commission contingent upon Citadel Homes informing potential buyers in writing that the 180 Eo THACKER (Cont'd.) BID AWARD/ 1/2 TON TRUCKS: consent Agenda BID AWARD/ 3/4 TON TRUCKS: Consent Agenda BID AWARD/ ONE TON TRUCK: consent Agenda APPOINTMENT: Consent Agenda ORDINANCE M-46-95 ELIMINATE POSITION OF DETECo DIV. COMMANDER: consent Agenda ORDINANCE M-47-95 DELETE DETEC. DIVo COMM./ SALARY SCH.: Consent Agenda PARKING PAD VARIATION/ 49 E. THACKER: 1 39. 9/5/95 PAGE THREE subdivision has not as yet been approved by the City. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to award bid for two (2) New 1996 1/2 Ton Four-Wheel Drive Pickup Trucks with Optional Mounted Plows to the lowest bidder, Bob Fish GMC, 5566 Hwy. P, West Bend, WI 53095, for the total bid amount of $43,958 ($38,800 Budgeted Funds, $5,158 from C.E.R.F.). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to award bid for two (2) New 1996 3/4 Ton Four-Wheel Drive Pickup Trucks with Mounted Plows to the lowest bidder, Bob Fish GMC, 5566 Hwy. P, West Bend, WI 53095, for the total bid amount of $45, 514 ($44,000 Budgeted Funds, $1,514 from C.E.R.F.). Motion declared carried as approved unanimously under Consent Agendao Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to award bid for one (1) New 1996 One Ton Heavy Duty Four-Wheel Drive Dump Truck with Front Mounted Snowplow and Tailgate Mounted Salt Spreader to the lowest bidder, Chicago Truck Center, 1015 W. Pershing Road, Chicago, IL 60609, for the total bid amount of $31,309 ($28,500 Budgeted Funds, $2,809 from C.E.R.F.). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to consider Mayoral appointment of Amador Velez to the DES PLAINES ELECTRICAL COMMISSION (replacing Steve Snelson) (final action under Consent Agenda on September 18, 1995). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance M-46-95, AN ORDINANCE AMENDING CHAPTER 1 "POLICE DEPARTMENT," OF TITLE III OF THE CITY CODE OF DES PLAINES, TO REPEAL SECTION 3-1-5 "DETECTIVE DIVISION COMMANDER" IN ITS ENTIRETY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance M-47-95, AN ORDINANCE AMENDING SCHEDULE II-A, "POLICE GROUP" EFFECTIVE FROM MAY 1, 1994 TO APRIL 30, 1995, OF SECTION 1-15-4 OF THE CITY CODE OF DES PLAINES, PERTAINING TO THE CITY'S POSITION CLASSIFICATION AND COMPENSATION PLAN, TO DELETE THEREFROM THE JOB CLASSIFICATION OF "DETECTIVE DIVISION COMMANDER." Motion declared carried as approved unanimously under Consent Agenda. Mayor Ted Sherwood declared that the city council was now resolved into a committee of the Whole. BUILDING CODE Alderman Arredia, Chair Petitioner Seyed Rahman addressed the City Council reqesting that the City Council approve a variation to permit a 20' x 18' parking pad adjacent to a 10' wide driveway constructed earlier this summer without a permit. The petitioner claims the contractor was suppose 49 E. THACKER (Cont'd.) FINAL PLAT APPROVAL/ MEADOWLAKE I I RESUBDIV. : JURISDIC- TIONAL TRANSFER/ APPLE CREEK LANE: 1 40. 9/5/95 PAGE FOUR to have obtained a permit; when it was discovered he had not, a stop work order was issued. The contractor at a later date finished reconstruction of the driveway and installation of the parking pad. Mr. Bob Ramcke, 37 E. Thacker Street, addressed the City Council in support of this variation. Moved by Chiropolos, seconded by Sarlo, to recommend to the City Council to grant request for variation to permit 20 1 x 18' parking pad adjacent to a 10' wide driveway constructed earlier this summer without a permit on property located at 49 E. Thacker Street; and further recommend that the contractor be fined $500 for constructing the parking pad without a permit and in violation of the stop work order. Motion declared carried. Aldermen Christiansen and Elstner voted no. COMMUNITY DEVELOPMENT Alderman Sarlo, Chair Mr. Kerry Levin and Project Architect Paul Lachcik of Levin Associates, addressed the City Council and reviewed the proposed 3-lot development and the requested variations to permit 100' lot depths instead of the required 125' lot depths. Ms. Pam Warford, 2530 Church Street, addressed the City Council in opposition to this request; why is it necessary to have three lots, why not just two; homes should be built with attached garages, not detached; there is too much building here and not enough information on where the water will drain. Mrs. Elizabeth Trembath, 283 Good Court, addressed the City Council stating that she lives in a home built by Mr. Levin and is very satisfied; development good for the neighborhood. Ms. Barbara McAllister, 4 7 5 Trailside Lane, addressed the City Council in opposition to this request; is concerned about flooding; there should be some kind of plan before building is done, like a comprehensive plan. Mr. John Hennessy, 950 Apple Creek Lane, addressed the City Council asking who would control the water flow in the retention areas; would there be timely draining of the water. Moved by Chiropolos, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council to grant request for variations from the Subdivision Regulations to permit 100' lot depths for Lots 1, 2, and 3 instead of required 125' lot depths; approve final plat for Meadowlake II Resubdivision located at northeast corner of Church Street and Good Avenue; and Mayor and City Clerk be authorized to execute same o Motion declared carried. ENGINEERING -Alderman Chiropolos, Chair Mr. Cal Elliott, 1003 Apple Creek Lane, addressed the City Council stating that the nine residents on Apple Creek Lane are requesting the City's assistance in repairing their street, it does not have to be a full reconstruction. It was explained to the residents that Apple Creek Lane is a private road not owned by the City. Before the city could accept the jurisdictional transfer, the residents would have to obtain ownership of the road and improve the road to City standards. The improvements could be designed and constructed by the City and paid ~ APPLE CREEK (Cont'd.) FINAL PAY./ WOLF-TOUHY IMPROVEMENTS: 1996 STREET- SCAPE IMPRV./ DESIGN ENGRG. SERVICES: AUTH. TO BID/ CITY HALL REMODELING: FACILITATOR/ GOAL-SETTING: WARRANT REGISTER: PARKING PAD VARIATION/ 49 E. ~. THACKER: 'It ~e~ 1 4 1 • 9/5/95 PAGE FIVE by the residents through a special assessment or special service area. Following discussion, it was agreed that the City Engineer would obtain exactly what costs would be involved for the residents. Committee Chairman Chiropolos stated that this matter would be held in committee for further review and report. Moved by Chiropolos, seconded by Arredia, to concur with Staff recommendation and recommend to the City Council to approve final payment to Illinois Department of Transportation (!DOT) for Wolf Road-Touhy Avenue Improvements Project in the amount of $155,149.45 which includes $24,061.34 in excess of the !DOT estimate and City's appropriation for this project; source of funding is the General Improvement Fund. Motion declared carriede Alderman Christiansen voted no. Moved by Sarlo, seconded by Curley, to concur with Staff recommendation and recommend to the City Council to accept proposal from Peter F. Olesen and Associates, Inc., 500 W. Central Road, Suite 205, Mt. Prospect, IL 60056, to perform design engineering services for 1996 Streetscape Improvements, at a not-to-exceed fee of $16,550/Downtown Tax Increment Finance Funds. Motion declared carried. Moved by Sarlo, seconded by Higgason, to concur with Staff recommendation and recommend to the City Council that City Clerk be authorized to advertise for bids for remodeling of 3rd, 5th and 6th floors of City Hall, returnable by 3:00 p.m., Thursday, October 5 11 19950 Motion declared carried. FINANCE & ADMINISTRATION -Alderman Christiansen, Chair Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation and recommend to the City Council to accept proposal from Denniston Consulting Group, 805 Biltmore Court, Naperville, IL 60563, to facilitate a City Council goal-setting session, at a fixed cost of $1,650. Alderman Curley suggested that other entities be involved in this session, i.e. Oakton Community College, school districts, park districts. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council in opposition to this suggestion; each taxing body has its own definite goals; City has definite goals such as infrastructure and redevelopmento Motion declared carried. A tentative date of October 14, 1995 was set for this goal-setting session. Moved by Arredia, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council approval of September 5, 1995 Warrant Register in the amount of $1,799,538.62; and Resolution R-53-95 be adopted at appropriate time this evening. Motion declared carried. Mayor Ted Sherwood assumed the chair, and declared the city council back in session. Moved by Arredia, seconded by Chiropolos, to concur with recommendation of Committee of the Whole to grant request for variation to permit 20' x 18' parking pad adjacent to a 10' wide driveway constructed earlier this summer *THIS MOTION RECONSIDERED ON SEPTEMBER 18, 1995 49 E. THACKER (Cont'd.) FINAL PLAT APPROVAL/ MEADOWLAKE II RESUBDIV.: FINAL PAY./ WOLF-TOUHY IMPROVEMENTS: 1996 STREET- SCAPE IMPRV./ DESIGN ENGRG. SERVICES: AUTH. TO BID/ CITY HALL REMODELING: FACILITATOR/ GOAL-SETTING: WARRANT REGISTER: Resolution R-53-95 142. 9/5/95 PAGE SIX without a permit on property located at 49 E. Thacker street; and the contractor be fined $500 for constructing the parking pad without a permit and in violation of the stop work order. Upon roll call, the vote was: AYES: 4-Higgason, Sarlo, Chiropolos, Arredia NAYS: 3-Christiansen, Elstner, Curley ABSENT: 1-Beauvais Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole to grant request for variations from the Subdivision Regulations to permit 100 1 lot depths for Lots 1, 2, and 3 instead of required 125 1 lot depths; approve final plat for Meadowlake II Resubdi vision located at northeast corner of Church Street and Good Avenue; and Mayor and City Clerk be authorized to execute same. Motion declared carried. Moved by Chiropolos, seconded by Sarlo, to concur with recommendation of Committee of the Whole to approve final payment to Illinois Department of Transportation (!DOT) for Wolf Road-Touhy Avenue Improvements Project in the amount of $155, 149. 45 which includes $24, 061. 34 in excess of the IDOT estimate and City's appropriation for this project; source of funding is the General Improvement Fund. Upon roll call, the vote was: AYES: 5-Elstner, Higgason, Sarlo, Chiropolos, Arredia NAYS: !-Christiansen ABSENT: 2-Beauvais, Curley Motion declared carried. Moved by Chiropolos, seconded by Sarlo, to concur with recommendation of Committee of the Whole to accept proposal from Peter F. Olesen and Associates, Inc., 500 W. Central Road, Suite 205, Mt. Prospect, IL 60056, to perform design engineering services for 1996 Streetscape Improvements, at a not-to-exceed fee of $16,550/Downtown Tax Increment Finance Funds. Upon roll call, the vote was: AYES: 6-Christiansen, Elstner, Higgason, Sarlo, Chiropolos, Arredia NAYS: 0-None ABSENT: 2-Beauvais, Curley Motion declared carried. Moved by Chiropolos, seconded by Sarlo, to concur with recommendation of Committee of the Whole that City Clerk be authorized to advertise for bids for remodeling of 3rd, 5th and 6th floors of City Hall, returnable by 3:00 p.m., Thursday, October 5, 1995. Motion declared carried. Moved by Christiansen, seconded by Sarlo, to concur with recommendation of Committee of the Whole to accept proposal from Denniston Consulting Group, 805 Biltmore Court, Naperville, IL 60563, to facilitate a City Council goal-setting session, at a fixed cost of $1,650. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Christiansen, seconded by Sarlo, to concur with recommendation of Committee of the Whole to adopt Resolution R-53-95, 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: $1,799,538.62 Upon roll call, the vote was: * THIS MOTION RECONSIDERED ON SEPTEMBER 18, 1995 RESOLUTION R-53-95 (Cont 1 do) PETITIONS/ SHERMAN PL. & RIVER RD.: EXECUTIVE SESSION: ADJOURNMENT: 143. 9/5/95 PAGE SEVEN AYES: 7-Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Mayor Sherwood referred citizen petitions received by the City Clerk's Office requesting that construction work be completed at the northeast corner of Sherman Place and Des Plaines/River Road by Lamp Construction, to the Staff for review and reporto Moved by Christiansen, seconded by Curley, to go into Executive Session to discuss collective bargaining and pending litigation -discipline of employeee Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Higgason, Curley , Sarlo, Chiropolos, Arredia NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Council recessed at 10:20 p.m. Council reconvened at 11:50 p.mo Roll call indicated the Christiansen , Higgason, Arrediao following aldermen present: Curley, Sarlo, Chiropolos, Moved by Sarlo, seconded by Curley, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:53 p.m o ~ 7~)Lcvi(L - Donna McAllister, CMC/AAE CITY CLERK Ted Sherwood, MAYOR