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021693317. 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, FEBRUARY 16, 1993 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor D. Michael Albrecht at 8:07 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, February 16, 1993. ROLL CALL: Roll call indicated the Childers, Christiansen, Sarlo, Chiropolos, Haupt. following aldermen present: Iwanski, Schneck, Hardiman, Also present were: City Treasurer Fredricks, Acting City Manager/Comptroller Peters, Police Chief Storm, Fire Chief Clark, Public Works Commissioner Matula, Development Specialist D'Onofrio, City Engineer Oakley, Human Resources and Services Department Director Panouses, Public Safety Communications Coordinator Ornberg, and Interim City Attorney Delort. PRAYER AND PLEDGE: MINUTES: BILLS PAYABLE: ZONING CASE 92-53-V 708 ALBANY: ICAP FLOW MONITORING: CONSTRUCTION ENGINEERING/ ALGONQUIN RD. PROJECT: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Moved by Sarlo, seconded by Chiropolos, to approve minutes of regular meeting of the City Council held February 1, 1993, as published. Motion declared carried. Moved by Sarlo, seconded by Childers, to approve minutes of Executive Session of the City Council held February 1, 1993. Motion declared carried. Moved by Schneck, seconded by Sarlo, to adopt the following resolution: 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: $1,870,652.14. Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt the recommendation of Municipal Development Committee to concur with recommendation of Des Plaines Zoning Board of Appeals re Case 92-53-V to permit construction of single family residence with a 3' side yard on the south side, including a 2' overhang, instead of the required 5' ; permit lot area coverage of 3 o. 1% instead of the maximum 30%; and Interim City Attorney be authorized to draft necessary ordinance. Motion declared carried. Following discussion, this matter was referred back to the Engineering Committee for further review and report. Moved by Chiropolos, seconded by Hardiman, to adopt recommendation of Engineering Committee to accept proposal from Peter F. Olesen & Associates, 500 W. Central Road, Mt. Prospect, IL 60056, to perform construction engineering services for the Algonquin Road Reconstruction Project at a not-to-exceed cost of $161,290.84 which is divided between Federal Highway Administration (35%), Illinois Department of Transportation (40%), and the City's share (25%) in the amount of $40,322.71/funding covered under Joint Agency Agreement and funding Resolution R-1-93 approved and adopted by the City Council on January 4, 1993. fr l i ALGONQUIN RD. (Cont'd.) MWRD SEWER EXTENSION ORDINANCE: 1993 MFT STREET MAINT. PROGRAM: 1993 STREET RECONSTRUC.: ALTERNATIVE WASTE DISP. CONCEPT: 318. 2/16/93 PAGE TWO Moved by Childers, seconded by Christiansen, to suspend the rules to permit residents to address the Council on this matter. Upon roll call, the vote was: AYES: 3-Childers, Christiansen, Sarlo NAYS: 5-Iwanski, Schneck, Hardiman, Chiropolos, Haupt ABSENT: 0-None Motion declared failed. Moved by Christiansen, seconded by Childers, to adopt a substitute motion to reject the proposal from Peter F. Olesen & Associates, 500 w. Central Road, Mt. Prospect, IL 60056, to perform construction engineering services for the Algonquin Road Reconstruction Project. Upon roll call, the vote was: AYES: 2-Childers, Christiansen NAYS: 6-Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Haupt ABSENT: 0-None Motion declared failed. Upon roll call on the original motion, the vote was: AYES: 6-Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 2-Childers, Christiansen ABSENT: 0-None Motion declared carried. Moved by Chiropolos, seconded by Hardiman, to adopt recommendation of Engineering Committee to approve proposed ordinance which permits the Metropolitan Water Reclamation District (MWRD) to construct, operate and maintain a sanitary sewer extension from the northwest corner of Elmhurst Road and Oakton Street to the Kirie (formerly O'Hare) Water Reclamation Plant, and Ordinance M-10-93 be placed on First Reading at appropriate time this evening. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee that City Clerk be authorized to sign Supplemental Resolution/Section #93-00000-00 GM in the amount of $1, 925, 000 for 1993 Street Maintenance Project as follows: Snow & Ice Control $ 100,000 Traffic Signal Maintenance $ 60,000 Electrical Energy $ 25,000 Street Resurfacing $1,700,000 Maintenance Engineering $ 40,000 Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee to accept proposal from Professional Service Industries, Inc. , 4421 W. Harrison Street, Hillside, IL 60162, to perform soil borings and subgrade analysis for the design of the 1993 Street Reconstruction Improvements, in the amount of $6,900/funding 1990 Bonds. Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Alderman Chiropolos advised the Council that it was the consensus of the Engineering and Public Works Committees, who met jointly on the Entech Thermal Oxidation Process (alternative waste disposal concept), that this matter be held for future consideration with no further action at this time. SOLICITATION ORDINANCE: LEGAL FEES/ OUTSIDE ATTORNEYS: STANDING COMMITTEES: EXEC. SESS. MINUTES/ LIC. & JUD. COMMITTEE: LEGAL DEPT. QUARTERLY REPORT: PURCHASE OF FIRE DEPT. AUTOS: CONSENT AGENDA: 319. 2/16/93 PAGE THREE Alderman Haupt advised the Council that another draft of the proposed solicitation ordinance is being prepared to prohibit solicitation after 8:00 p.m. and to clarify the intent of the ordinance which is not to interfer with local civic and charitable activities, after which this item will be placed on the agenda for a future meeting of the License & Judicial Committee for public review. Alderman Haupt advised the Council that the License & Judical Committee has reviewed requests for hourly rate increases from several outside law firms handling City litigation; the committee has requested that the Administration prepare a cost report of what is currently being paid for what service, date of last increase, etc., and report back to committee for further review and report. Moved by Haupt, seconded by Childers, to adopt the recommendation of License & Judicial Cammi ttee that Section 1-6-4 of the City Code be amended to indicate that the Committee on Committees shall meet and prepare a recommendation of appointments and designation of chairmen to the standing committees of the City Council by the first City Council meeting in May every other year following the City elections, and Interim City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Haupt, seconded by Childers, to adopt the recommendation of License & Judicial Committee to concur with the recommendation of the Interim City Attorney that certain Executive Session minutes of the License & Judicial Committee, from May 15, 1989 to October 29, 1992, be released as outlined in Interim City Attorney's proposed committee report to the License & Judicial Committee of February 5, 1993. Motion declared carried. Moved by Haupt, seconded by Childers, to adopt recommendation of License & Judicial Committee that Legal Department's Quarterly Report be approved enhanced as directed in Executive Session of committee. Motion declared carried. the the and the Moved by Hardiman, seconded by Chiropolos, to adopt the recommendation of Public Safety Committee to approve purchase, through the State of Illinois Net Bid Contract, of one (1) 1993 Chevrolet Caprice from Miles Chevrolet, Inc., 150 W. Pershing Road, Decatur, IL 62523, for a total of $14,972.09; and one (1) 1993 Dodge Caravan from Schaumburg Dodge, 208 w. Golf Road, Schaumburg, IL 60193, in the amount of $12,921.35; funds from 1993 Fire Department Budget. Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Childers, seconded by Sarlo, that Items 1 and 2 under UNFINISHED BUSINESS and Items 2, 3, and 4 under NEW BUSINESS on the City Council Agenda this evening be approved by one consent vote; the ordinances under UNFINISHED BUSINESS will be adopted and under NEW BUSINESS ordinances will be placed on First Reading and the resolution adopted. Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. ORDINANCE M-5-93 POLICE SUPV. COMP. PLAN: consent Agenda ORDINANCE M-6-93 POLICE SUPV. LEAVE OF AB.- VAC. PAY: consent Agenda ORDINANCE M-8-93 UNSAFE SIDEWALKS: ORDINANCE M-9-93 REPEAL OF M-41-92/66 JOSEPHINE: consent Agenda ORDINANCE M-10-93 MWRD SEWER EXT. AUTH.: Consent Agenda RESOLUTION R-9-93 INCOME TAX SURCHARGE: Consent Agenda ZONING CASE 93-3-A 1401 LEE ST.: CHANGE WARD BOUNDARY LINES: EXECUTIVE SESSION: 320. 2/16/93 PAGE FOUR Moved by Childers, seconded by Sarlo, to adopt Ordinance M-5-93, AN ORDINANCE AMENDING SUBSECTION 1-15-5 (D) ( 1) "PLUS RATES FOR HIGHER SKILL," OF SECTION 1-15-5 "COMPENSATION PLAN" OF THE CITY CODE OF DES PLAINES. Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt Ordinance M-6-93, AN ORDINANCE AMENDING SUBSECTION 1-15-lO(B) (1) "VACATION LEAVE" OF SECTION 1-15-10 "LEAVES OF ABSENCE AND VACATION PAY" OF THE CITY CODE OF DES PLAINES, TO ADD SCHEDULE II-A EMPLOYEES. Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Placed on First Reading was Ordinance M-8-93, AN ORDINANCE AMENDING SECTION 9-1-12 "REPAIR OF UNSAFE SIDEWALKS," OF CHAPTER 1, TITLE IX, OF THE CITY CODE OF DES PLAINES. Placed on First Reading was Ordinance M-9-93, AN ORDINANCE REPEALING M-41-92 "AN ORDINANCE GRANTING A FLOOD PLAIN VARIATION TO SECTION 9-14-9(C) (1) (a) OF THE CITY CODE OF DES PLAINES, TO PERMIT THE CONSTRUCTION OF A SINGLE FAMILY HOME WITH A BASEMENT IN THE FLOOD PLAIN, FOR THE PROPERTY COMMONLY KNOWN AS 66 JOSEPHINE COURT, IN R-2 SINGLE FAMILY RESIDENCE ZONING DISTRICT." Placed on First Reading was Ordinance M-10-93, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING PERPETUAL RIGHTS FOR THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO FOR THE CONSTRUCTION, REPAIR, AND MAINTENANCE OF THE UPPER DES PLAINES 20C EXTENSION, PUMPING STATION AND FORCE MAIN, IN THE CORPORATE LIMITS OF DES PLAINES. Moved by Childers, seconded by Sarlo, to adopt Resolution R-9-93, A RESOLUTION OF THE CITY OF DES PLAINES ASKING GOVERNOR EDGAR TO SUPPORT INCOME TAX SURCHARGE FOR MUNICIPALITIES. Motion declared carried. Letter from Des Plaines Zoning Board of Appeals re Case 93-3-A, 1401 Lee Street (PlainesBank of Illinois) was referred to the Municipal Development Committee. Moved by Schneck, seconded by Iwanski, that the Interim City Attorney be authorized to draft necessary ordinance to redistrict certain Ward boundaries as directed. Motion declared carried. Moved by Chiropolos, seconded by Schneck, to go into Executive Session to discuss pending litigation. Upon roll call, the vote was: AYES: 6-Childers, Iwanski, Schneck, Hardiman, Sarlo, Chiropolos NAYS: 2-Christiansen, Haupt ABSENT: 0-None Motion declared carried. Council recessed at 9:20 p.m Council reconvened at 9:50 p.m. EXEC. SESS. (Cont'd.) PENDING LITIGATION: ADJOURNMENT: 321. 2/16/93 PAGE FIVE Roll call indicated the Childers, Christiansen, Sarlo, Chiropolos, Haupt. following aldermen present: Iwanski, Schneck, Hardiman, Moved by Schneck, seconded by Haupt, that the Interim City Attorney be authorized to settle law suit as directed in Executive Session. Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Iwanski, Schneck, Hardiman, Haupt NAYS: 2-Sarlo, Chiropolos ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Chiropolos, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:52 p.m. (~.-~~ Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS DAY OF.'l--rvtvM. ' 1993 ~O/k/ D. Michael Albrecht, MAYOR