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042092184. 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, APRIL 20, 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 8:02 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, April 20, 1992. ROLL CALL: Roll call indicated the following aldermen present: Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt. Alderman Chiropolos was absent. 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, City Engineer Oakley, Human Resources and Services Department Director Panouses, and City Attorney Kolman. PRAYER AND PLEDGE: PRESENTATIONS MINUTES: BILLS PAYABLE: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Executive Coordinator Ann E. Tennes, Keep Des Plaines Beautiful, Inc., presented a certificate of commendation to the president and several board members of the Pine Park Homeowners Association for their initiative to keep their area of Des Plaines clean and beautiful. Secretary of the Des Plaines Youth Commission Marlene Pasdo presented certificates of appreciation and $50 savings bonds, in accordance with the National Youth Services Day Program, to the following Ds Plaines students: Brian Berg, Maine West High School; Aubrey Chang, Friendship Junior High School; Neil DeLeon, Algonquin Junior High School; Noriko Shibuya, Maine East High School; Philip Venticinque, St. Mary's Catholic School; and Erica Wilk, Immanuel Lutheran School. Moved by Sarlo, seconded by Childers, to approve minutes of regular meeting of the city Council held April 6, 1992, as published. Motion declared carried. Moved by Sarlo, seconded by Haupt, to approve minutes of executive session of the City Council held April 6, 1992. Motion declared carried. Moved by Sarlo, seconded by Haupt, to approve minutes of special meeting of the City Council held April 15, 1992, as published. Addition: Page One, Paragraph Nine, Line Three, after the words " ... to begin the ... " add "advertising/." Following addition, 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: $1,108,879.03. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. IDRB/ LeFEBVRE INTERGRAPHICS FLOOD-REBATE PROGRAM/ MULTI-FAMILY: FREEDOM OF INFORMATION: AMENDMENT/ CITY MANAGER'S ORDINANCE: PERFORMANCE OF CITY ATTORNEY: SERVICES OF CORPORATION COUNSEL: 185. 4/20/92 PAGE TWO Moved by Schneck, seconded by Sarlo, to adopt recommendation of Finance Committee to grant request from LeFebvre Intergraphics, Inc., 1701 s. Winthrop Drive, that the City issue a $5,500,000 Tax-Exempt Industrial Revenue Bond Issue; Mayor and City Clerk be authorized to execute Inducement Resolution and Memorandum of Agreement; and Resolution R-19-92 be adopted at appropriate time this evening. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Moved by Schneck, seconded by Sarlo, to adopt recommendation of Finance Committee that the Flood-Rebate Program that was approved by the City Council on June 18, 1990 for single family homes now include owner-occupied multi-family dwellings at an aggregate limit of $5,000, and be extended back to 1986. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Moved by Haupt, seconded by Childers, to adopt the recommendation of the Committee of the Whole to repeal Resolution R-18-89, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AMENDING RESOLUTION R-23-84, PERTAINING TO THE ILLINOIS FREEDOM OF INFORMATION ACT, and City Attorney be authorized to draft resolution incorporating provisions of Chapter 116, Section 201 through Section 211, of the Illinois Revised State Statutes, and also include Section 7 of Resolution R-18-89 pertaining to fees for copies. Motion declared carried. Moved by Haupt, seconded by Childers, to adopt the recommendation of the Committee of the Whole that the City Manager's ordinance be amended to change the word "may" to "shall" wherever it appears, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Haupt, seconded by Childers, to adopt the recommendation of the Committee of the Whole that there be a vote of no confidence regarding the performance of the City Attorney. Upon roll call, the vote was: AYES: 3-Childers, Sarlo, Haupt NAYS: 4-Christiansen, Healy, Schneck, Hardiman ABSENT: 1-Chiropolos Motion declared failed. Moved by Haupt, seconded by Childers, to adopt the recommendation of the Committee of the Whole that the City not forward any future legal work to Corporation Counsel Odelson & Sterk, Ltd. because of Burton S. Odelson' s political activity in the City. Upon roll call, the vote was: AYES: 3-Childers, Sarlo, Haupt NAYS: 4-Christiansen, Healy, Schneck, Hardiman ABSENT: 1-Chiropolos Motion declared failed. ZONING CASE 92-5-R 1200 S. WOLF: (POSTPONED MATTER) T. BEAR SUBDIVISION 2208 ELMIRA: PURCHASE OF CARGO VAN: PURCHASE OF MOWERS: CUSTODIAL SERVICES GUIDELINES: 186. 4/20/92 PAGE THREE Postponed motion from Council meeting of February 18, 1992 was brought to the floor: Moved by Sarlo, seconded by Childers, to adopt majority recommendation of Municipal Development Committee to deny request for map amendment to change present zoning district from M-3 Scientific Research and Manufacturing to M-2 General Manufacturing for property located at 1200 s. Wolf Road {Borg Warner/Juno Lighting, Inc.). Moved by Healy, seconded by Schneck, to postpone this matter until August 17, 1992, and the Mayor form a group comprised of department heads, Executive Director- Economic Development Commission, Chairman-Municipal Development Committee and neighbors to the property to discuss possible solutions to the problem, i.e. text amendment to the zoning ordinance. Moved by Childers, seconded by Sarlo, to suspend the rules to allow public comment regarding this matter, one person for and one person against, for a period of five minutes. Motion declared carried. Speaking against the rezoning was Wayne Elstner, 583 Forest Avenue. Speaking for the rezoning was Gerald J. Sherman, Attorney at Law, Sonnenschein Nath & Rosenthal, who is the attorney for Juno Lighting, Inc. Upon roll call on the motion to postpone this matter until August 17, 1992, the vote was: AYES: 4-Christiansen, Healy, Schneck, Haupt NAYS: 3-Childers, Hardiman, Sarlo ABSENT: 1-Chiropolos Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt the recommendation of Municipal Development Committee to concur with recommendation of Des Plaines Plan Commission to approve plat of T. Bear Subdivision, 2 2 08 Elmira Avenue, and Mayor and City Clerk be authorized to execute same. Motion declared carried. Moved by Childers, seconded by Haupt, to adopt the recommendation of Public Works Committee to award bid for one 1992 Cargo Van to the lowest bidder, Hoskins Chevrolet, 175 N. Arlington Heights Road, Elk Grove Village, IL 60007, in the amount of $12,897 with trade in of 1981 Oldsmobile. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Moved by Childers, seconded by Haupt, to adopt the recommendation of Public Works Committee to award bid for one each Rider Mower ($9,397), Trailer ($840) and Heavy Duty Mower ($3,095) for a total of $13,332, to the lowest bidder, Grower Equipment, 294 E. Belvidere Road, Hainesville, IL 60030, and deny request for a second Heavy Duty Mower. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: a-None ABSENT: 1-Chiropolos Motion declared carried. Moved by Childers, seconded by Haupt, to adopt the recommendation of Public Works Committee that Commissioner of Public Works obtain guidelines for performing custodial services published by the International Sanitary Supply Association, and implement these guidelines for custodial services in the Civic Center and Police Department. Motion declared carried. IDOT AGREEMENT/ STREET MAINTENANCE: WAYCINDEN PARK WATER SUPPLY AGREEMENT: WESTFIELD GARDENS STORM SEWER: 1992 STREET RESURFACING IMPROVEMENTS: FUNDING OF ARTS COUNCIL: 187. 4/20/92 PAGE FOUR Moved by Christiansen, seconded by Healy, to adopt the recommendation of Engineering Committee that the Mayor and City Clerk be authorized to execute Municipal Agreement of Understanding-Maintenance and Construction from the Illinois Department of Transportation {!DOT) to permit administration of Motor Fuel Tax {MFT) maintenance and construction programs without approval and supervision by !DOT, and Resolution R-17-92 be adopted at appropriate time this evening. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Moved by Christiansen, seconded by Healy, to adopt the recommendation of Engineering Committee that the Mayor and City Clerk be authorized to execute agreement with Citizens Utilities Company of Illinois for sale of water to Citizens' Waycinden Park service area contingent upon concurrence by the City of Chicago, and Resolution R-18- 92 be adopted at appropriate time this evening. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Moved by Christiansen, seconded by Hardiman, to adopt the recommendation of Engineering Committee that bid for Westfield Gardens Storm Sewer Improvements be awarded to the lowest bidder, Mola Construction Company, Inc., 1303 Joseph Lane, Addison, IL 60101, in the corrected amount of $916,469, and bid bonds/checks be returned to unsuccessful bidders. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Moved by Christiansen, seconded by Hardiman, to adopt the recommendation of Engineering Committee that bid for 1992 Street Resurfacing Improvements, MFT Section 92-00000-01 GM, be awarded to the lowest bidder, J. A. Johnson Paving Company, 1025 E. Addison Court, Arlington Heights, IL 60005, in the amount of $2,025,295.30, and bid bonds/checks be returned to unsuccessful bidders. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Moved by Healy, seconded by Schneck, to adopt the recommendation of Community Services Committee that funding in the amount of $1,000 for the Des Plaines Arts Council be taken from the Taxicab Transportation Program funds for this year only, and added to membership funds in the future {previously under Social Service Agency funding). Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. FUNDING FOR SOCIAL SERVICE AGENCIES: PACE/SENIOR CITIZEN BUS PASS PROGRAM: USE OF CIVIC CENTER MEET- ING ROOMS: OFF-STREET PARKING PAD/ 2257 WOLF: OFF-STREET PARKING PAD/ 611 BERKSHIRE: CIRCULAR DRIVE/630 KENMARE CT • : INDEXING OF BOCA CODE MODIFICATION: 188. 4/20/92 PAGE FIVE Moved by Healy, seconded by Schneck, to adopt the recommendation of Community Services Committee that funding of social service agencies be funded as follows: Rainbow Hospice, Inc. $ 3,500 Shelter, Inc. $ 4,200 Des Plaines Youth Club $ 6,500 Des Plaines Senior Center $ 5,000 Self-Help Food Closet $ 4,500 The Salvation Army $ 6,000 Fighting Back/School Dist. #214 $ 1,200 Maine Center/Mental Health $ 4,800 Fish of Des Plaines $ 500 Sub. Primary Health Care Council $ 1,000 The Harbour, Inc. $ 1,000 N.W. Suburban Day Care $17,000 Special People, Inc. $ 3,000 The Volunteer Center $ 800 N.W. Action Against Rape $ 1,000 Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Moved by Healy, seconded by Schneck, to adopt the recommendation of Community Services Committee that the City discontinue its Senior Citizen Bus Pass Program which provides senior citizens over 65 with a ten-ride ticket for PACE/Nortran buses at no cost to the resident, because of the increased cost by PACE and because the City has a Senior Citizen Cab Program; and the Senior Citizen Bus Pass Program end on July 1, 1992 and all remaining funds be transferred to the Senior Citizen Cab Program. Motion declared carried. Moved by Healy, seconded by Schneck, to adopt the recommendation of Community Services Committee that the City not permit outside community organizations to use meeting rooms in the Ci vie Center for reasons, i.e. security and liability. Motion declared carried. Moved by Christiansen, seconded by Schneck, to adopt the recommendation of Building Code Committee to deny request for off-street parking pad on property located at 2257 Wolf Road until petitioner obtains an IDOT permit which is required and then returns to the committee for approval. Motion declared carried. Moved by Christiansen, seconded by Schneck, to adopt the recommendation of Building Code Committee to grant request for off-street parking pad for property located at 611 Berkshire Lane contingent upon approval of Engineering Department. Motion declared carried. Moved by Christiansen, seconded by Schneck, to adopt the recommendation of Building Code Committee to deny request for a circular driveway on property located at 630 Kenmare Court. Motion declared carried. Moved by Christiansen, seconded by Schneck, to adopt the recommendation of Building Code Committee to concur with recommendation of Department of Community Development that City enter into a contract with B & F Technical Code Services, Inc., 247 Peppertree Lane, Aurora, Il 60504, to index BOCA Code adoption into City's Building Code at a cost of $800. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. INTERLOCAL AGREEMENT PURCHASE OF VEHICLE LIFT: PURCHASE OF MOTORCYCLE: ORDINANCE T-7-92 PARK. RESTR./ FIFTH AVE.: ORDINANCE Z-2-92 TEXT AMEND./ DAY-CHILD CARE: ORDINANCE M-12-92 WITHDRAWAL FROM SWANCC: 189. 4/20/92 PAGE SIX Moved by Hardiman, seconded by Haupt, to adopt the recommendation of Public Safety Committee that Mayor and City Clerk be authorized to execute Interlocal Agreement with Maine Township High School District #207 and Maine West High School for use of the Radio Station WMTH 88.5 FM at Maine West High School during times of local emergency, and Resolution R-20-92 be adopted at appropriate time this evening. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Healy, Schneck, Moved by Hardiman, seconded by Haupt, to adopt the recommendation of Public Safety Committee to award bid for one Mohawk Model P-6 Vehicle Lift to low bidder, All Tool, 1320 Chase Street, #8, Algonquin, IL 60102, in the amount of $6,500. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Moved by Hardiman, seconded by Haupt, to adopt the recommendation of Public Safety Committee to award bid for one 1992 Harley Davidson FLHTP Motorcycle to L & M Motors, Inc., d/b/a Lake Shore Harley Davidson, 1424 Belvidere Road, Waukegan, IL 60085, in the amount of $3,539, including trade-in of one 1985 Harley Davidson FLHTP Motorcycle with no guarantee, warrantee or statement of condition given or implied. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt Ordinance T-7-92, AN ORDINANCE AMENDING SECTION 10-5-17, SCHEDULE I, OF THE CITY CODE OF DES PLAINES TO DELETE "FIFTH AVENUE, FROM FOREST AVENUE TO ALGONQUIN ROAD, EAST SIDE OF STREET," AND TO ADD "FIFTH AVENUE, FROM FOREST AVENUE TO ALGONQUIN ROAD, WEST SIDE OF STREET." Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Moved by Sarlo, seconded by Healy, to adopt Ordinance z- 2-92, AN ORDINANCE AMENDING ARTICLE 7, SECTION 7.1.2.10, ("INSTITUTIONAL DISTRICT REGULATIONS") OF THE CITY OF DES PLAINES ZONING ORDINANCE (CASE NO. 92-6-A). Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Placed on First Reading was Ordinance M-12-92, AN ORDINANCE AUTHORIZING THE WITHDRAWAL OF THE CITY OF DES PLAINES FROM THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY. RESOLUTION R-17-92 IDOT AGREE.: RESOLUTION R-18-92 AGREEMENT/ CITIZENS UTILITIES: RESOLUTION R-19-92 IDRB/ LeFEBVRE: RESOLUTION R-20-92 INTERLOCAL AGREEMENT: MUNICIPAL DIRECTORY: APPOINTMENTS/ REAPPOINTS • : EXECUTIVE SESSION: ORDINANCE M-12-92 WITHDRAWAL FROM SWANCC: 190. 4/20/92 PAGE SEVEN Moved by Healy, seconded by Sarlo, to adopt Resolution R-17-92, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO AN AGREEMENT OF UNDERSTANDING MAINTENANCE AND CONSTRUCTION WITH THE STATE OF ILLINOIS. Motion declared carried. Moved by Healy, seconded by Sarlo, to adopt Resolution R-18-92, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO AN AGREEMENT WITH CITIZENS UTILITIES COMPANY OF ILLINOIS FOR THE PURPOSE OF SELLING LAKE MICHIGAN WATER TO CITIZENS. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt Resolution R-19-92, A RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT (LeFEBVRE INTERGRAPHICS, INC. PROJECT). Motion declared carried. Moved by Christiansen, seconded by Sarlo, to adopt Resolution R-20-92, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF DES PLAINES, THE BOARD OF EDUCATION OF MAINE TOWNSHIP HIGH SCHOOL DISTRICT 207 AND MAINE WEST HIGH SCHOOL. Motion declared carried Moved by Schneck, seconded by Healy, that the 1992 A Guide to Des Plaines booklet be redistributed to locations in the City. Motion declared carried. Aldermen Childers and Sarlo voted no. Letters from Mayor Albrecht re the following appointments/reappointments will come before the Council on May 4, 1992: Economic Development Commission Appointment/Dave McNulty (complete Bob Cornelisen's term) Electrical Commission Reappointments Thomas J. Schiro, term to expire April 1, 1993 Richard W. Hassman, term to expire April 1, 1993 Michael Hardiman, term to expire April 1, 1993 David Braun, term to expire April 1, 1993 Jerry Zygowicz, term to expire April 1, 1993 Clean Community/Beautification Commission Appointment/Julie Weltzin (complete Vanessa Swakow's term) Moved by Schneck, seconded by Healy, to go into Executive Session to discuss collective bargaining, litigation and personnel. Upon roll call, the vote was: AYES: 4-Childers, Healy, Schneck, Sarlo NAYS: 3-Christiansen, Hardiman, Haupt ABSENT: 1-Chiropolos Motion declared carried. Council recessed at 9:58 p.m. Council reconvened at 10:40 p.m. Roll call indicated the following aldermen present: Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt. Moved by Schneck, seconded by Sarlo, to waive Reading and place on passage Ordinance M-12-92. roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 1-Haupt ABSENT: 1-Chiropolos Motion declared carried. First Upon Q). i ORDINANCE M-12-92 (Cont'd.) PAYMENT TO SWANCC: ADJOURNMENT: 191. 4/20/92 PAGE EIGHT Moved by Schneck, seconded by Christiansen, to adopt Ordinance M-12-92 I AN ORDINANCE AUTHORIZING THE WITHDRAWAL OF THE CITY OF DES PLAINES FROM THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY. Upon roll call, the vote was: AYES: 5-Childers, Christiansen, Schneck, Hardiman, Sarlo NAYS: 2-Healy, Haupt ABSENT: 1-Chiropolos Motion declared carried. Moved by Schneck, seconded by Childers, that the City pay, under protest, the May 1992 Financing Member Share of the Solid Waste Agency of Northern Cook County, Series 1990 Contract Revenue Notes in the amount of $39,518.90, and all future payments made under Section 4.2 and 4.4 of the Interim Project Use Agreement will be made under protest; and Mayor and City Attorney be authorized to send a letter to this affect to the appropriate authority. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Moved by Schneck, seconded by Childers, that the City pay, under protest, the monthly equity fee contribution to the Solid Waste Agency of Northern Cook County operating budget, and all future payments made to the Agency will be made under protest; and Mayor and City Attorney be authorized to send a letter to this affect to the appropriate authority. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Haupt NAYS: 0-None ABSENT: 1-Chiropolos Motion declared carried. Moved by Childers, seconded by Sarlo, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:56 p.m. Q~12 Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS l l DAY OF 1992