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030292163. 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 2 1 1992 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 a:35 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 2, 1992. ROLL CALL: Roll call indicated the following aldermen present: Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. Also present were: City Treasurer Fredricks, City Manager Asaro, City Comptroller Peters, Commissioner of Public Works Matula, Fire Chief Clark, Police Chief Storm, Community Development Director Pagones, Human Resources and Services Department Director Panouses, City Engineer Oakley, and City Attorney Kolman. PRAYER AND PLEDGE: MINUTES: BILLS PAYABLE: BOND REDUCTION/ LECHNER LN. : The opening prayer was given by Pastor Louis Barbieri, Des Plaines Bible Church, followed by the Pledge of Allegiance to the Flag. Moved by Sarlo, seconded by Childers, to approve minutes of regular meeting of the City Council held February 18, 1992, as published. Corrections: Page Four, Paragraph Five, Line One, should read "Moved by Sarlo ... ;" Page Five, Paragraph One, Line Six, should read "(Borg-Warner Corp. /Juno Lighting, Inc. ) ; " Page Seven, Paragraph Three, Line Five, should read "AYES: 6-Childers, Healy, Hardiman, Sarlo, Chiropolos, Haupt" and Line Six should read "NAYS: 2-Christiansen, Schneck." Following corrections, motion declared carried. Moved by Sarlo, seconded by Chiropolos, to approve minutes of executive session of the City Council held February 1a, 1992. Correction: Paragraph Two, Line One, should read "supposed ... " Alderman Childers requested that these minutes be held for further review in executive session. Motion to approve withdrawn. 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: $1,2ao,02a.26. Upon roll call, the vote was: AYES: a-Childers, Christiansen, Healy, 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 the Municipal Development Committee to accept public improvements of watermain, sanitary and storm sewer for Lechner Lane Subdivision, Lechner Lane, and that Surety Bond be reduced by the amount of $61,059.65 (Cash Warranty of $10,21a.a5 will remain). Upon roll call, the vote was: AYES: a-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. ZONING CASE 92-6-A TEXT AMEND. DAY CARE: LAW SUITS: UNDERGROUND TANK REMOVAL/MAINE SCRAP METAL: BIDS/EQUIP. RENTAL & HAULING: 164. 3/2/92 PAGE TWO Moved by Sarlo, seconded by Childers, to adopt recommendation of Municipal Development Committee to grant request for Text Amendment to permit Day Care/Child are ac1 1 ies in Inst1 ut1onal Zoning Districts which are operated by the facilities permitted in Institutional Zoning Districts for the benefit of their employees only and/or sanctioned by the administrators of said facilities, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Haupt, seconded by Childers, to adopt recommendation of License & Judicial Committee that City Attorney be authorized to obtain a default judgment re Des Plaines v. Pollair. Motion declared carried. Moved by Haupt, seconded by Childers, to adopt recommendation of License & Judicial Committee that City Attorney be authorized to proceed with six law suits as discussed in committee's executive session. Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt the recommendation of Public Works Committee that the matter of removal of underground tank at Maine Scrap Metal, Inc., 1274 Rand Road, be put on hold until the City Attorney has a legal agreement regarding responsibility for clean up of possible ground contamination, to present to the committee for their review. Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt the recommendation of Public Works Committee that the removal of underground tank and possible removal of contaminated soil at Maine Scrap Metal, Inc., 1274 Rand Road, go out for sealed bids once agreement is reached, since anticipated costs will exceed $5,000. Motion declared carried. Moved by Childers, seconded by Haupt, to adopt the recommendation of Public Works Committee that Public Works Department continue to haul debris and material using existing City equipment; bids for Equipment Rental & Hauling be rejected because there were only two bidders and clarity of bid specifications; bid bonds/checks be returned to bidders; and any emergency rental of equipment and hauling be done on a case by case basis by Lindahl Bros. Inc., 622 E. Green Street, Bensonville, IL 60106, if emergency committee meeting cannot be called soon enough based on notification from Public Works Commissioner. Moved by Healy, seconded by Hardiman, to make a substitute motion that bids for Equipment Rental & Hauling be rejected because there were only two bidders and clarity of bid specifications; bid bonds/checks be returned to bidders; and in emergency situations the Public Works Commissioner obtain the lowest price for the needed piece of equipment from the two bidders who submitted bids and, if possible, advise the City Manager and Public Works Committee before taking action. Upon roll call, the vote was: AYES: 2-Healy, Hardiman NAYS: 6-Childers, Christiansen, Schneck, Sarlo, Chiropolos, Haupt ABSENT: 0-None Motion declared failed. Alderman Childers withdrew her original motion. The second to the motion, Alderman Haupt, concurred. CORRECTION: Add "Petitioner: City of Des Plaines/ D. Michael Albrecht, Mayor" r x,_,J!k BIDS/EQUIP. RENTAL & HAULING: (Cont'd.) SALE OF LIGHT POLES/PARK DISTRICT: PURCHASE OF WATER METERS: EASEMENT AGREEMENT/ XEROX CORP: 165. 3/2/92 PAGE THREE Moved by ~Childers, seconded by Haupt, to adopt recommendation of Public Works Committee, that Public Works Department continue to haul debris and material using existing City Equipment and bids for Equipment Rental & Hauling be rejected because there were only two bidders and clarity of bid specifications, and bid bonds/checks be returned to bidders. Upon roll call, the vote was: AYES: 5-Childers, Healy, Sarlo, Chiropolos, Haupt NAYS: 3-Christiansen, Schneck, Hardiman ABSENT: 0-None Motion declared carried. Moved by Childers, seconded by Haupt, to adopt recommendation of Public Works Committee that when an emergency need exists for equipment rental and hauling, the Public Works Commissioner notify the Public Works Committee and provide, in writing, quotations from at least four (4) businesses certified for hauling debris and other materials. Moved by Healy, seconded by Schneck, to make a substitute motion that in emergency situations the Public Works Commissioner obtain the lowest price for the needed piece of equipment from the two bidders who submitted bids and, if possible, advise the City Manager and Public Works Cammi ttee before taking action. Upon roll call, the vote was: AYES: 4-Christiansen, Healy, Schneck, Hardiman NAYS: 4-Childers, Sarlo, Chiropolos, Haupt ABSTAIN:l-Albrecht ABSENT: 0-None Motion declared failed. Upon roll call on the original motion, the vote was: AYES: 5-Childers, Healy, Sarlo, Chiropolos, Haupt NAYS: 3-Christiansen, Schneck, Hardiman ABSENT: 0-None Motion declared carried. Moved by Childers, seconded by Haupt, to adopt recommendation of Public Works Committee to permit the sale of five (5) aluminum .street light poles from the Miner Street pole replacement program to the Des Plaines Park District for the amount of $250 each. Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Childers, seconded by Haupt, to adopt recommendation of Public Works Committee to accept proposal from Badger Meter, Inc. 4545 w. Brown Deer Road, Milwaukee, WI 53223, for purchase of water meters on an "as needed" basis throughout the year at a cost not to exceed $80,000/budgeted funds, and usual bid procedures be wai Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 1-Healy Absent: 0-None Motion declared carried. Moved by Chiropolos, seconded by Hardiman, to adopt recommendation of Engineering Committee to approve Permanent Easement Grant Agreement with Xerox Corporation, 3000 Des Plaines/River Road, to operate, CORRECTION: Add "because Badger Meter, Inc. has provided meters to the City since 1977 and approximately 70% of City meters are Badgers." f A111 ' EASEMENT AGREEMENT (Cont'd.) CHANGE ORD. #2/PRATT AVE. STORM SEWER: MEMBERSHIP DUES/SERVICE ORGANIZA.: PARKING RESTRICTION/ BENNETT PLACE: PARKING RESTRICTION/ INDUSTRIAL MAPLE ST.: ORDINANCE M-2-92 LEE-GRACELAND ENCROACHMENTS ORDINANCE T-2-92 LEE-GRACELAND PARKING: 166. 3/2/92 PAGE FOUR maintain, repair and replace new 42" dia. storm sewer in connection with Pratt Avenue Storm Sewer Improvements, and Resolution R-11-92 be adopted at appropriate time this evening. Motion declared carried Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee to approve Change Order #2 to contract with DiPaolo Company, 4350 DiPaolo Center, Glenview, IL 60025, for Pratt Avenue Storm Sewer Project (awarded May 6, 1991), to complete water system work items in the amount of $50,520.65, leaving a net credit to the contract of $22,363.65. Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Healy, seconded by Schneck, to adopt recommendation of Community Services Committee that any department head who wishes to be reimbursed for membership dues in a community service organization would need the approval of the City Manager; any elected official wishing to be reimbursed for membership dues in a community service organization (debited from their budgeted expenses) would need approval from the Community Services Committee; and City Clerk's membership dues in the Des Plaines Kiwanis Club in the amount of $72 is found to be justified and is hereby authorized. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck Hardiman, Chiropolos, Haupt NAYS: 1-Sarlo ABSENT: 0-None Motion declared carried. Moved by Hardiman, seconded by Chiropolos, to adopt recommendation of Public Safety Cammi ttee to approve two- hour parking on the north side of the 1800 block of Bennett Place from the alley west of River Road to Locust Street, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Hardiman, seconded by Sarlo, to adopt recommendation of Public Safety Committee to approve no parking on the west side of Maple Street, Touhy Avenue north to dead end of industrial park, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Schneck, seconded by Christiansen, to adopt Ordinance M-2-92, AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT OF WAY ALONG U.S. 45 (LEE STREET AND GRACELAND AVENUE). Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt Ordinance T-2-92, AN ORDINANCE RESTRICTING PARKING ALONG THE WEST SIDE OF GRACELAND AVENUE AND ALONG THE EAST SIDE OF LEE-MANNHEIM ROAD FROM JEFFERSON STREET TO WALNUT AVENUE. Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. ORDINANCE T-3-92 LEE-GRACELAND PARKING: ORDINANCE T-4-92 LEE-GRACELAND PARKING: CONSUMER FRAUD INVESTIGATOR: RESOLUTION R-11-92 XEROX EASE. AGREEMENT: RESOLUTION R-12-92 DISCIPLINE OF CITY EMPLOYEES: 167. 3/2/92 PAGE FIVE Moved by Chiropolos, seconded by Christiansen, to adopt Ordinance T-3-92, AN ORDINANCE AMENDING SECTION 10-5- 5(C) (1.), SCHEDULE II, OF THE CITY CODE OF DES PLAINES TO DELETE "LEE STREET, FROM PRAIRIE AVENUE TO THACKER STREET, EAST SIDE OF STREET, 11 SECTION 10-5-5 (E) (2.), SCHEDULE II, TO DELETE "GRACELAND AVENUE, FROM WEBFORD AVENUE TO PRAIRIE AVENUE, WEST SIDE OF STREET" AND "LEE STREET, FROM ASHLAND AVENUE TO SOO LINE RAILROAD, EAST SIDE OF STREET," AND SECTION 10-5-5(G), SCHEDULE II, TO DELETE "GRACELAND AVENUE FROM OAKWOOD AVENUE TO WALNUT AVENUE, WEST SIDE OF STREET" AND "LEE STREET, BETWEEN 950 LEE STREET AT ASHLAND AVENUE AND 997 LEE STREET AT OAKWOOD AVENUE, EAST SIDE OF STREET." Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Schneck, seconded by Christiansen, to adopt Ordinance T-4-92, AN ORDINANCE AMENDING SECTION 10-5-17, SCHEDULE I, OF THE CITY CODE OF DES PLAINES TO DELETE "GRACELAND AVENUE, FROM THACKER STREET TO OAKWOOD AVENUE, WEST SIDE OF STREET," "GRACELAND AVENUE, FROM JEFFERSON STREET TO HARDING AVENUE, WEST SIDE OF STREET," "GRACELAND AVENUE, FROM HARDING AVENUE TO WEBFORD AVENUE, WEST SIDE OF STREET," "GRACELAND AVENUE, FROM PRAIRIE AVENUE, SOUTH 215 FEET, WEST SIDE OF STREET, 11 "LEE STREET, FROM RIVER ROAD SOUTH TO PRAIRIE AVENUE, EAST SIDE OF STREET," "LEE STREET, FROM ASHLAND AVENUE TO THACKER STREET, EAST SIDE OF STREET," AND TO ADD "GRACELAND AVENUE, FROM HARDING AVENUE TO WALNUT AVENUE, WEST SIDE OF STREET" AND "LEE STREET FROM RIVER ROAD SOUTH TO WALNUT AVENUE' EAST SIDE OF STREET. II Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sarlo, seconded by Chiropolos, that the Consumer Fraud Investigator be returned to the Police Department to perform Police Department duties. Upon roll call, the vote was: AYES: 4-Childers, Sarlo, Chiropolos, Haupt NAYS: 5-Christiansen, Healy, Schneck, Hardiman, Albrecht ABSENT: 0-None Motion declared failed. Moved by Chiropolos, seconded by Christiansen, to adopt Resolution R-11-92, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO AN EASEMENT GRANT WITH XEROX CORPORATION FOR THE PURPOSE OF OPERATING AND MAINTAINING AN UNDERGROUND STORM SEWER. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to adopt Resolution R-12-92, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE COMPOST COMMITTEES' RECOMMENDATION CONCERNING DISCIPLINE OF CERTAIN CITY EMPLOYEES. Upon roll call, the vote was: AYES: 4-Childers, Sarlo, Chiropolos, Haupt NAYS: 5-Christiansen, Healy, Schneck, Hardiman Albrecht ABSENT: 0-None Motion declared failed. ADVERTISING FOR BIDS: APPOINTMENTS: ADJOURNMENT: 168. 3/2/92 PAGE SIX The City Clerk's office will be advertising for bids for two (2) Air Conditioning Projects, returnable by 3:00 p.m. on Friday, March 20, 1992. Letter from Mayor Albrecht re appointment of Nancy Wilson to the Clean Community/Beautification Commission, replacing Pamela Rosinia, will come before the Council on March 16, 1992. Moved by Childers, seconded by Christiansen, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:45 p.m. Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS dk DAY OF~1,,J ,, 1992 ~~ 'D:Mih:el Albrecht, MAYOR