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031593330. 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 151 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 8:09 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 15, 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, 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: 1993 APPROPRIA- TIONS: CDBG PUBLIC SERVICE CONTRACTS: The opening prayer was given by Reverend George Mathew, Chicago Mar Tohoma Church, followed by the Pledge of Allegiance to the Flag. Moved by Sarlo, seconded by Schneck, to approve minutes of regular meeting of the City Council held March 1, 1993, as published. Motion declared carried. Moved by Schneck, seconded by Iwanski, to approve minutes of Executive Session of the City Council held March 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: $1,429,490.68. 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 Schneck, to adopt the recommendation of Finance Committee to approve the amended proposed 1993 Appropriations in the amount of $46, 025, 602 and Ordinance M-14-93, as amended, 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 the Finance Committee that Mayor and City Clerk be authorized to execute the following Public Service Contracts for the 1992-93 Community Development Block Grant program year: Northwest Housing Partnership $ 3,055 450 E. Higgins Road, Elk Grove Village, IL 60007 Resource Center for the Elderly $ 9,000 306 W. Park Street, Arlington Heights, IL 60005 CEDA Northwest $16,000 120 W. Eastman, Suite 105, Arlington Heights, IL 60004 Northwest Community Services $ 8,000 1001 E. Oakton Street, Elk Grove Village, IL 60007 CDBG (Cont'd.) INSURANCE CONSULTANT: 1992 FINANCIAL YEAR: 1993 GO BONDS: FRANCHISE AGREEMENT/ METRO. FIBER SYSTEMS: AUTH. TO BID/ 1993 STREET RESURFACING: SURETY REDUC. KYLEMORE GREENS SUBDIVISION: SURETY REDUC. CUMBERLAND ESTATES SUBDIVISION: 331. 3/15/93 PAGE TWO 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 to accept proposal from Insurance Management and Planning, 110 Cottage Hill, Suite 250, Elmhurst, IL 60126, to perform Phase I Employee Benefit Consulting Services to determine the feasibility of an HMO alternative, at a fee not-to-exceed $5,000. 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 Schneck, seconded by Sarlo, to adopt the recommendation of Finance Committee to accept the final results of the 1992 Fiscal Year as outlined by the Administration in the Division Revenue Status Report and the Division Expenditure Status Report. Motion declared carried. Moved by Schneck, seconded by Sarlo, to adopt the recommendation of Alderman Childers that the administration contact Speer Financial, Inc. for their opinion on the proposed 1993 General Obligation Bond Insurance and report back to the committee. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt the recommendation of Engineering Committee that Mayor and City Clerk be authorized to execute Franchise Agreement and Re-Route Agreement with Chicago Fiber Optic Corporation, d/b/a Metropolitan Fiber Systems of Chicago, Inc. , to re-route the fiber optic cable route, and Resolution R-19-93 be adopted 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 advertise for bids for 1993 Street Resurfacing Program, returnable by 10:00 a.m., Thursday, April 1, 1993. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt the recommendation of Municipal Development Committee to accept public improvements which include sanitary and storm sewer, watermain, retention pond, streets, sidewalks and streetlights for Kylemore Greens Subdivision, northeast corner of Wolf and Central Roads, and Surety Bond be reduced by the amount of $298,053.49, leaving a balance of $766,643.80. 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 Iwanski, to adopt the recommendation of Municipal Development Committee to accept public improvements which include sanitary and storm sewer, watermain, retention ponds, streets, sidewalks and streetlight for Cumberland Estates Subdivision, southeast corner of Wolf and Central Roads, and Surety Bond be reduced by the amount of $283,170.47, leaving a balance of $65,901.40. CUMBERLAND ESTATES (Cont'd.) SURETY REDUC. T-BEAR SUBDIVISION: SURETY REDUC. DALTON SUBDIVISION: REVISED SOLICITATION ORDINANCE: SUBSTANCE ABUSE-DRUG TESTING POLICY: REVIEW OF CLAIMS MANAGEMENT ACTIVITY: LEGAL SVS./ PROF. LABOR NEGOTIATIONS: 332. 3/15/93 PAGE THREE 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 Iwanski, to adopt the recommendation of Municipal Development Committee to accept public improvements which include ditch and culvert improvements for T-Bear Subdivision, Jarvis and Elmira Avenues, and Surety Bond be reduced by the amount of $9,387.50, leaving a balance of $3,706.25. 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 accept public improvements which include storm sewer, sidewalks, parkway restoration, sanitary sewer and water service connections for Dal ton Subdivision, Prospect Avenue and Ash Street, and Surety Bond be reduced by the amount of $14, 707 .18, leaving a balance of $4, 495. 95. 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 Haupt, seconded by Childers, to adopt the recommendation of License & Judicial Committee to approve proposed solicitation ordinance as revised by the Administration, and Ordinance M-2-93 be placed on First Reading at appropriate time this evening. Motion declared carried. Moved by Haupt, seconded by Childers, to adopt the recommendation of License & Judicial Committee to concur with the recommendation of the Administration and various employee groups that the City adopt the proposed Substance Abuse-Drug Testing Policy, and Ordinance M-18- 93 be adopted at appropriate time this evening. Motion declared carried. Alderman Haupt advised the Council that the License & Judicial Committee had met on the matter of quarterly review of Claims Management Activity and it is their opinion that the City Code be followed and the City Manager, Comptroller, Human Resources and Services Director, Claims Manager, and the Chairman of License & Judicial Committee meet quarterly on this matter. Moved by Haupt, seconded by Childers, to adopt the recommendation of License & Judicial Committee to accept proposal from Odelson & Sterk, Ltd., 3318 w. 95th Street, Evergreen Park, IL 60642, to perform Professional Labor Negotiation Services for the flat fee of $95 per hour. 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. LAW SUITS: BIDS/CONF. SPACE ENTRY SAFETY EQP.: CONSENT AGENDA: ORDINANCE M-8-93 UNSAFE SIDEWALKS: ORDINANCE M-11-93 ORGAN. OF CITY COUNC.: consent Agenda ORDINANCE M-13-93 AUTOMATIC SPRINKLER SYSTEMS: consent Agenda ORDINANCE M-14-93 1993 APPROPRIA. : Consent Agenda 333. 3/15/93 PAGE FOUR Moved by Haupt, seconded by Childers, to adopt the recommendation of License & Judicial Committee to accept the status report on the Heerey vs. City and Provenzano vs. City law suits. Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt the recommendation of Public Works Committee to award bid for Confined Space Safety Equipment to low bidder, Safety Supply Illinois, 695 Sundown Road, South Elgin, IL 60177, in the amount of $14,875.30. 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, 3, 4, and 5 under UNFINISHED BUSINESS and Items 2, 3, 4, 5, 6, 7, and 8 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 the ordinance 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-11-93, AN ORDINANCE AMENDING SECTION 1-6-4 "COMMITTEES" OF CHAPTER 6, TITLE I, 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 Chiropolos, to adopt 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. 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 Ordinance M-14-93 as amended, 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. 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-16-93 SETTLEMENT AGREEMENT: consent Agenda ORDINANCE M-2-93 REGULATING SOLICITA.: ORDINANCE M-18-93 SUB. ABUSE POLICY: ORDINANCE Z-3-93 TEXT AMEND. RE BANKS, ETC.: Consent Agenda RESOLUTION R-16-93 HOME RULE EXEM. PROV. : Consent Agenda RESOLUTION R-17-93 FUNDING/1993 STREET PROG. : Consent Agenda RESOLUTION R-18-93 SALE OF SPRAY PAINT: consent Agenda RESOLUTION R-19-93 AGREEMENT/ CHIC. FIBER: Consent Agenda RESOLUTION R-20-93 MEMO OF UND. MECCA: consent Agenda 334. 3/15/93 PAGE FIVE Moved by Childers, seconded by Chiropolos, to adopt Ordinance M-16-93, AN ORDINANCE AUTHORIZING A SETTLEMENT AGREEMENT IN CASE NUMBER 86 CH 7012 (Universal Outdoor, Inc.). 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-2-93, AN ORDINANCE REGULATING SOLICITATION IN THE CITY OF DES PLAINES (revised) . Moved by Haupt, seconded by Iwanski, to waive First Reading and place on passage Ordinance M-18-93. Motion declared carried. Moved by Haupt, seconded by Iwanski, to adopt Ordinance M-18-93, AN ORDINANCE ADOPTING A SUBSTANCE ABUSE POLICY FOR THE EMPLOYEES OF THE CITY 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. Placed on First Reading was Ordinance Z-3-93, AN ORDINANCE AMENDING ARTICLE 4, SECTION 4.2.2 "USE REGULATIONS" OF THE CITY OF DES PLAINES ZONING ORDINANCE BY ADDING THERETO SUBPARAGRAPH 4.2.2.6.3 PROVIDING FOR BANKS, SAVINGS AND LOAN ASSOCIATIONS AND CURRENCY EXCHANGES, INCLUDING DRIVE-IN FACILITIES, AS A SPECIAL USE ONLY (CASE NO. 93-3-A). Moved by Childers, seconded by Chiropolos, to adopt Resolution R-16-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, REGARDING HOME RULE EXEMPTION LEGISLATION. Motion declared carried. Moved by Childers, seconded by Chiropolos, to adopt Resolution R-17-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, AUTHORIZING THE EXPENDITURE OF $1.9 MILLION FROM 1990 STREET BONDS TO FUND 1993 STREET RESURFACING. Motion declared carried. Moved by Childers, seconded by Chiropolos, to adopt Resolution R-18-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ENCOURAGING RETAIL STORES NOT TO SELL SPRAY PAINT TO INDIVIDUALS UNDER THE AGE OF 18. Motion declared carried. Moved by Childers, seconded by Chiropolos, to adopt Resolution R-19-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, ENTERING INTO AGREEMENT WITH CHICAGO FIBER OPTIC CORPORATION TO RE- ROUTE THE FIBER OPTIC CABLE ROUTE. Motion declared carried. Moved by Childers, seconded by Chiropolos, to adopt Resolution R-20-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, ENTERING INTO MEMORANDUM OF UNDERSTANDING WITH MECCA OF DES PLAINES, INC. TO CLARIFY INTERPRETATION OF CERTAIN OVERTIME PROVISIONS. Motion declared carried. RESOLUTION R-21-93 MEMO OF UNO. VAR. UNIONS: consent Agenda SALE OF CITY PROPERTY/ 1600 DEMPSTER- THACKER: PETITION FOR ANNEXATION/ 415 W. TOUHY: ADVERTISING FOR BIDS: PROCEDURES FOR ANNEX.: APPOINTMENTS: EXECUTIVE SESSION: 335. 3/15/93 PAGE SIX Moved by Childers, seconded by Chiropolos, to adopt Resolution R-21-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, ENTERING INTO MEMORANDUM OF UNDERSTANDING WITH CITY'S VARIOUS UNIONS TO CLARIFY PAID HOLIDAYS PROVISION. Motion declared carried. Moved by Christiansen, seconded by Schneck, that City Clerk be authorized to open single bid received (bid date was March 11, 1993) for sale of City property located at 1600 Dempster-Thacker Street. Motion declared carried. Moved by Childers, seconded by Christiansen, to accept single bid received from Norwood Builders, Inc., 7458 N. Harlem Avenue, Chicago, IL 60631 (which included cashier's check in the amount of $35, 000 as earnest money), for purchase of City property located at 1600 Dempster/Thacker Street, in the amount of $200,000. 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 Childers, seconded by Christiansen, to adopt Resolution R-22-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE SALE OF CITY PROPERTY LOCATED AT 1600 DEMPSTER/THACKER STREET, and City Clerk be authorized to insert the appropriate information in the blanks. Motion declared carried. The City Clerk announced the receipt of petition of annexation for property located at 415 W. Touhy Avenue; upon receipt of reports from the various City departments as to whether there are building violations, etc. on this property, this matter with the reports will be referred to the Municipal Development Committee. The City Clerk's Office will be advertising for bids for the following items all returnable by 3:00 p.m., Thursday, April 1, 1993: 1 each Heavy Duty Dump Truck w/Plow & Salt Spreader 2 each Light Duty Trucks 1 each Municipal Street Sweeper 1 each Brush Chipper Moved by Sarlo, seconded by Schneck, that the Interim City Attorney be authorized to investigate the procedures that other cities use when annexing property and report back to the Council. Motion declared carried. Letters from Mayor Albrecht regarding the following appointments will come before the Council on April 5, 1993: Economic Development Commission Salvatore J. Peri Jim Ogg Human Services Advisory Commission Cornelio c. Morales Library Board John M. Burke Moved by Childers, seconded by Schneck, to go into Executive Session to discuss pending litigation. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Iwanski, Schneck, Hardiman, Sarlo, Chiropolos NAYS: 1-Haupt ABSENT: 0-None Motion declared carried. EXEC. SESS. (Cont'd.) ADJOURNMENT: 336. 3/15/93 PAGE SEVEN Council recessed at 9:11 p.m Council reconvened at 9:35 p.m. Roll call indicated the Childers, Christiansen, Sarlo, Chiropolos, Haupt. following aldermen present: Iwanski, Schneck, Hardiman, Moved by Christiansen, seconded by Childers, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:37 p.m. Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ~HIS DAY OF ~i, . I 1993