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030193322. 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 1, 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 8:03 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 1, 1993. ROLL CALL: Roll call indicated the Childers, Christiansen, Sarlo, Chiropolos, Haupt. following aldermen present: Iwanski, Schneck, Hardiman, Also present were: City Treasurer Fredricks, City Manager Douthwaite, City Comptroller Peters, Deputy Police Chief Randolph, 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: SALE OF SURPLUS REAL ESTATE: BOND REIMBURSE./ 9-1-1 FUND: The opening prayer was given by Reverend Peter Balkas, St. John Baptist Greek Orthodox Church, followed by the Pledge of Allegiance to the Flag. Moved by Iwanski, seconded by Chiropolos, to approve minutes of special meeting of the City Council held February 11, 1993, as published. Motion declared carried. Moved by Sarlo, seconded by Childers, to approve minutes of regular meeting of the City Council held February 16, 1993, as published. Motion declared carried. Moved by Schneck, seconded by Iwanski, to approve minutes of Executive Session of the City Council held February 16, 1993. Addition: Paragraph Two, Line 22, after the word "Lanes" add "from the settlement offer." Following addition, motion declared carried. Moved by Schneck, seconded by Sarlo, to adopt the recommendation of Finance Committee that the City advertise for bids for sale of City-owned vacant property located at 1600 Dempster/Thacker Street, returnable by 3:00 p.m. on Thursday, March 11, 1993, with a minimum acceptable bid not less than $200,000; and Ordinance M- 17-93 be adopted at appropriate time this evening. 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 Schneck, seconded by Sarlo, to adopt the recommendation of Finance Committee that the City declare its official intent to reimburse the 9-1-1 Fund for items ordered but not yet paid for from the proceeds of future debt issues; the maximum principal amount of debt expected to be issued for the reimbursement of such Project expenditures is $1,020,000; and Resolution R-13- 93 be adopted at approximate time this evening. 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. PURCHASE OF CAR/ CITY MGR.: PHASE III/ N.W. HWY. BEAUTIFICA. : 1993 APPROPRIA- TIONS: BILLS PAYABLE: ZONING CASE 93-3-A 1401 LEE: PROPOSALS/ REPAIR OF PARKING DECKS: PAGE TWO 323. 3/1/93 Moved by Schneck, seconded by Sarlo, to adopt the recommendation of Finance Committee to authorize purchase of one ( 1) 1993 Ford Taurus from Jack Stoldt Ford- Mercury, Inc., 325 s. 6th, Petersburg, IL 62675, through State Net Bid Program, at a not-to-exceed price of $11,aa5, for use by the City Manager. Upon roll call, the vote was: AYES: a-Childers, Christiansen, Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Schneck, seconded by Sarlo, to adopt the recommendation of Finance Committee to accept proposal from Bernard Rosauer Associates, 900 Skokie Blvd., Suite 110, Northbrook, IL 60062, to perform landscape architectual services for Phase III -Northwest Highway Beautification Project (Mr. Rosauer was the landscape architect for Phase I and Phase II), in the not-to-exceed amount of $3,000. Upon roll call, the vote was: AYES: a-Childers, Christiansen, Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Schneck, seconded by Sarlo, to adopt the recommendation of Finance Committee to approve the proposed 1993 Appropriations in the amount of $45,9al,602, and Ordinance M-14-93 be placed on First Reading at appropriate time this evening. Upon roll call, the vote was: AYES: a-Childers, Christiansen, Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None 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: $1,744,640.29. Upon roll call, the vote was: AYES: a-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 93-3-A to grant request for Text Amendment to permit banks, savings and loan associations and currency exchanges, including drive-in facilities as a Special Use only in C-2 Commercial District; to permit reconstruction of drive-in banking facility on property located at 1401 Lee Street; and Interim City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Childers, seconded by Haupt, to adopt the recommendation of Public Works Cammi ttee that Public Works Commissioner be authorized to contact the four companies who submitted proposals last year for engineering services on repairs to the Civic Center and Behrel Parking Decks to see if their proposal fee is still firm and ask them to respond in writing. Motion declared carried. PURCHASE OF WATER METERS: BIDS/CONFINED SPACE ENTRY SAF. EQP.: DRIVEWAY VARIATION/ 770 KENMARE: GRAFFITI REMOVAL: EASEMENT AGREEMENT/ COMM. EDISON: ICAP PROGRAM: 324. 3/1/93 PAGE THREE Moved by Childers, seconded by Sarlo, to adopt the recommendation of Public Works Committee that City purchase water meters from Badger Meters, Inc., 4545 W. Brown Deer Road, Milwaukee, WI 53223-0099, on an "as needed" basis throughout the year at a cost not to exceed $70,000/1993 Budget funds, and usual bid procedures be waived because Badger Meter, Inc. has provided meters to the City since 1977 and approximately 75% of City meters are Badgers. 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 the recommendation of Public Works Committee that City reject all bids received for Confined Space Entry Safety Equipment (bid date was November 4, 1992), and City Clerk be authorized to readvertise for bids, returnable by 3: 00 p.m. on Wednesday, March 10, 1993. Motion declared carried. Moved by Christiansen, seconded by Hardiman, to adopt the recommendation of Building Code Committee to grant request for circular driveway on property located at 770 Kenmare Drive. Motion declared carried. Moved by Christiansen, seconded by Schneck, to adopt the recommendation of Building Code Committee to concur with recommendation of the Administration that the City adopt the following Graffiti Removal Program, in tandem with City's present Graffiti Ordinance, to help alleviate the burden put on property owners, as follows: 1. On any masonary structure, the Public Works Department would remove graffiti, free of charge upon a completed "Release of Liability" form. 2. On any painted surfaces, the City would work with Nipper School, in their Community Service Learning Project, to provide assistance with painting, upon a completed "Release of Liability" form. 3. The City would not require home or business owners to take advantage of these services, however, if they choose not to, then they would have to comply with existing Graffiti Ordinance, which requires graffiti removal within 30 days. The City will provide informational assistance to those who choose to clean the area themselves. The Interim City Attorney be authorized to research and prepare the necessary legal documents. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee that the Mayor and City Clerk be authorized to execute Easement Agreement with Commonwealth Edison Company to permit the installation, operation, maintenance and replacement of proposed 30" West Side Transmission Water Main within Commonwealth Edison right-of-way from Howard Avenue to Touhy Avenue, and Resolution R-14-93 be adopted at appropriate time this evening. Motion declared carried. Moved by Chiropolos, seconded by Hardiman, to adopt the recommendation of Engineering Committee to accept proposal from RJN Environmental Associates, Inc., 202 W. Front Street, Wheaton, IL 60187, to conduct post- rehabilitation flow monitoring throughout City's separate sewered areas as part of the Inflow-Infiltration Corrective Action Program (ICAP) required by the Metropolitan Water Reclamation District, at an hourly cost-plus basis with a not-to-exceed cost of $76,724; MWRD requires that a minimum of one inch rainfall be recorded in a 24-hour period to evaluate the wet weather £1#1 ' ICAP (Cont'd.) CIVIC CENTER EXHAUST STACK: DISPOSITION OF RADIO CONSOLE & RADIO EQUIP: CONSENT AGENDA: ORDINANCE M-8-93 UNSAFE SIDEWALKS: ORDINANCE M-9-93 REPEAL OF M-41-92/66 JOSEPHINE: consent Agenda 325. 3/1/93 PAGE FOUR flows. In the event adequate rainfall is not available during the monitoring period additional metering would be required at a cost of $12,887 per week. All funds to come from 1990 Bonds. Upon roll call, the vote was: AYES: 7-Christiansen, Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 1-Childers ABSENT: 0-None Motion declared carried. Moved by Hardiman, seconded by Chiropolos, to adopt the recommendation of Public Safety Committee to accept proposal from Building Resources Company, 1815 E. Oakton Street, Des Plaines, to provide and install needed exhaust pipe stack on top of emergency stand-by generator on top of the Civic Center in the amount of $10, 300. 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 Hardiman, seconded by Iwanski, to adopt the recommendation of Public Safety Committee to accept offer from the Village of Kenilworth's Public Safety Department to remove and take away the old alarm off ice equipment in the vacated fire alarm office at Fire Station #1, and replace and reconnect the equipment that remains, in exchange for the equipment that is removed, at no cost to either community. 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 Chiropolos, that Items 2 and 3 under UNFINISHED BUSINESS and Items 1, 3, 4, 6, 8, 10, 11, 12, and 13 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 resolutions 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. Held on Second 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. Moved by Childers, seconded by Chiropolos, to adopt 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." 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-10-93 MWRD SEWER EXT. AUTH.: consent Agenda ORDINANCE M-11-93 ORGAN. OF CITY COUNC.: Consent Agenda ORDINANCE M-12-93 WARD BOUNDARY CHANGES: ORDINANCE M-13-93 AUTOMATIC SPRINKLER SYSTEMS: Consent Agenda ORDINANCE M-14-93 1993 APPROPRIA. : Consent Agenda ORDINANCE M-16-93 SETTLEMENT AGREEMENT/ UNIV. OUT.: Consent Agenda ORDINANCE M-17-93 SALE OF CITY PROP.: 326. 3/1/93 PAGE FIVE Moved by Childers, seconded by Chiropolos, to adopt 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. Upon roll call, the vote 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-11-93, AN ORDINANCE AMENDING SECTION 1-6-4 "COMMITTEES" OF CHAPTER 6, TITLE I, OF THE CITY CODE OF DES PLAINES. Moved by Schneck, seconded by Sarlo, to waive First Reading and place on passage Ordinance M-12-93. Motion declared carried. Alderman Childers voted no. Moved by Schneck, seconded by Sarlo, to adopt Ordinance M-12-93, AN ORDINANCE AMENDING SECTIONS 1-17-5 "FOURTH WARD" AND 1-17-8 "SEVENTH WARD," OF CHAPTER 17 "ELECTION WARDS," OF TITLE I OF THE CITY CODE OF DES PLAINES, TO AMEND THE WARD BOUNDARIES OF THE FOURTH WARD AND SEVENTH WARD. Upon roll call, the vote was: AYES: ?-Christiansen, Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Albrecht NAYS: 2-Childers, Haupt ABSENT: 0-None Motion declared carried. Placed on First Reading was Ordinance M-13-93, AN ORDINANCE AMENDING CHAPTER 16 "AUTOMATIC SPRINKLER SYSTEMS," OF TITLE VII "FIRE REGULATIONS," OF THE CITY CODE OF DES PLAINES, IN ITS ENTIRETY. Placed on First Reading was Ordinance M-14-93, AN ORDINANCE MARKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR ENDING DECEMBER 31, 1993. Placed on First Reading was Ordinance M-16-93, AN ORDINANCE AUTHORIZING A SETTLEMENT AGREEMENT IN CASE NUMBER 86 CH 7012 (Universal Outdoor, Inc.). Moved by Childers, seconded by Christiansen, to waive First Reading and place on passage Ordinance M-17-93. Motion declared carried. Moved by Childers, seconded by Christiansen, to adopt Ordinance M-17-93, AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PROPERTY BY THE CITY OF DES PLAINES (1600 Dempster/Thacker Street). 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 Z-2-93 VARIATION/ 708 ALBANY: RESOLUTION R-10-93 AGREEMENT/ 1993 STREET RECONSTRUC.: consent Agenda RESOLUTION R-11-93 AGREEMENT/ ALGON. RD.: RESOLUTION R-12-93 MFT FUNDS/ STR. MAINT.: Consent Agenda RESOLUTION R-13-93 FUNDING RE 9-1-1: Consent Agenda RESOLUTION R-14-93 AGREEMENT/ COMM. ED.: Consent Agenda RESOLUTION R-15-93 SUPPORT MIL. AT O'HARE: consent Agenda ADVERTISING FOR BIDS: 327. 3/1/93 PAGE SIX Moved by Chiropolos, seconded by Iwanski, to waive First Reading and place on passage Ordinance Z-2-93. Motion declared carried. Moved by Chiropolos, seconded by Childers, to adopt Ordinance Z-2-93, AN ORDINANCE GRANTING A VARIATION TO SECTIONS 3.2.4.2 AND 3.2.4.4 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE WITH A 3-FOOT SIDE YARD ON THE SOUTH SIDE, INCLUDING A 2-FOOT OVERHANG, INSTEAD OF THE REQUIRED 5 FEET AND TO PERMIT LOT AREA COVERAGE OF 30.1 PERCENT, FOR 708 ALBANY LANE (CASE NO. 92-53-V). 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 Chiropolos, to adopt Resolution R-10-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING EXECUTION OF AGREEMENT WITH PROFESSIONAL SERVICE INDUSTRIES, INC. FOR GEOTECHNICAL ENGINEERING CONSULTING SERVICES IN CONNECTION WITH DESIGN OF 1993 STREET RECONSTRUCTION. Motion declared carried. Moved by Schneck, seconded by Sarlo, to adopt Resolution R-11-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING EXECUTION OF AGREEMENT WITH F. OLESEN & ASSOCIATES, FOR CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH RECONSTRUCTION OF ALGONQUIN ROAD FROM WISCONSIN CENTRAL RAILROAD TO DES PLAINES/RIVER ROAD AND INTERSECTION IMPROVEMENTS TO DES PLAINES/RIVER ROAD AT ALGONQUIN ROAD. Upon roll call, the vote was: AYES: 6-Iwanski, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 2-Childers, Christiansen ABSENT: 0-None Motion declared carried. Moved by Childers, seconded by Chiropolos, to adopt Resolution R-12-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES REGARDING USE OF MOTOR FUEL TAX FUND FOR PURPOSE OF MAINTAINING STREETS AND HIGHWAYS. Motion declared carried. Moved by Childers, seconded by Chiropolos, to adopt Resolution R-13-93, A RESOLUTION OF THE CITY OF DES PLAINES, ILLINOIS, DECLARING ITS OFFICIAL INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES FROM THE PROCEEDS OF FUTURE DEBT ISSUES. Motion declared carried. Moved by Childers, seconded by Chiropolos, to adopt Resolution R-14-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING EXECUTION OF AGREEMENT WITH COMMONWEALTH EDISON CO. FOR PERPETURAL CENTERLINE EASEMENT FOR INSTALLATION OF 3011 WATER MAIN IN CONNECTION WITH CONSTRUCTION OF WEST SIDE WATER TRANSMISSION MAIN. Motion declared carried. Moved by Childers, seconded by Chiropolos, to adopt Resolution R-15-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, SUPPORTING MILITARY UNITS REMAINING AT O'HARE AIRPORT FACILITIES. Motion declared carried. The City Clerk's Office will be advertising for bids as follows: Tree Trimming Contract, returnable by 3 p.m., Wednesday, March 24, 1993 BIDS (Cont'd.) RETURN OF SINGLE BID: COUNCIL CHAMBERS AUDIO SYS.: LABOR NEGOTIATOR: EXECUTIVE SESSION: PENDING LITIGATION: ADJOURNMENT: 328. 3/1/93 PAGE SEVEN -Tree Removal Contract, returnable by 3 p. m. , Wednesday, March 24, 1993 -Tree Purchase, returnable by 3 p.m., Wednesday, March 24 I 1993 -Lot Mowing Contract, returnable by 3 p.m., Thursday, March 25, 1993 Leak Detection Contract, returnable by 3 p.m., Thursday, March 25, 1993 Northwest Highway Beautification Phase III, returnable by 3 p.m., Friday, March 26, 1993 Moved by Childers, seconded by Christiansen, to concur with recommendation of Joint Emergency Telephone System Board that single bid received for 9-1-1 PSAP Fire Station Alerting System (bid date was February 18, 1993) be rejected and the System be readvertised for bid in the near future. Motion declared carried. Mayor Albrecht ref erred the matter of repair or replacement of the audio system in the City Council Chambers to Community Services Committee. Moved by Haupt, seconded by Childers, that the matter of assigning a legal firm to assume the role of chief spokesperson for the City during the upcoming negotiations with the newly-organized employee bargaining unit represented by AFSCME, be referred to the License & Judicial Committee for review and report, and this item be placed on the agenda of the License & Judicial Committee meeting to be held March 10, 1993. Motion declared carried. Moved by Childers, seconded by Chiropolos, 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 9:07 p.m Council reconvened at 9:42 p .m. Roll call indicated the Childers, Christiansen, Sarlo, Chiropolos, Haupt. following aldermen present: Iwanski, Schneck, Hardiman, Moved by Haupt, seconded by Childers, that Corporation Counsel be authorized to settle law suit as directed in Executive Session contingent upon condition specified by City Council in Executive Session. Motion declared carried. Moved by Christiansen, seconded by Iwanski, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:43 p.m. Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS DAY OF~~~Q ..... I 1993