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050691,--- CALL 1rO ORDER: ROLL CALL: 46. 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, MAY 6, 1991 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor D. Michael Albrecht at 8:13 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 6, 1991. 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, Municipal Development Director Pagones, City Engineer Oakley, Human Resources and Services Director Panouses, and City Attorney Kolman. PRAYER AND PLEDGE: INTRODUCTION: PRESENTATION: MINUTES: BILLS PAYABLE: 6B INCENTIVE POLICY: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. City Clerk McAllister introduced Joanne M. Linke to the Council as her new Deputy City Clerk, which she appointed on May 1, 1991 and is empowered to affix her signature to any and all necessary documents including certificates, in the absence of City Clerk McAllister. ~~-off~~ //Joanne M. Linke, Deputy City Clerk Mayor Albrecht presented retiring Police Reserve Officer William Ritchie a plaque of appreciation for his 25 years of dedicated and loyal service to the City of Des Plaines and its citizens. Moved by Sarlo, seconded by Chiropolos, to approve minutes of regular meeting of the City Council held April 15, 1991, as published. Motion declared carried. Moved by Schneck, seconded by Childers, 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: $1,663,869.12. 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 Sarlo, to adopt the recommendation of the Finance Committee to accept Des Plaines Economic Development Commission's guide- lines for the Cook County 6B Tax Incentive Program to be used on a case by case basis by the City Council. Motion declared carried. Alderman Healy voted no. PRATT AVENUE STORM: PRATT AVENUE CONSTRUCTION ENGR. SVS. : PRATT AVENUE STORM SEWER/ LIC. AGREE. WITH FOREST PRESERVE: LEE ST. WATER MAIN CONSTRUC. ENGRG. SVS. : POTTER ROAD WATER MAIN- PHASE II: PAGE TWO 47. 5/6/91 Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee that contract for Pratt Avenue Storm Sewer Project be awardec to the low bidder, DiPaolo Company, 4350 DiPaolo Center, Glenview, IL 60025, in the amount of $3,388,418.25/ Sewer Bond Account, and bid bonds/checks be returned to unsuccessful bidders. 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 recommendation of Engineering Committee to accept proposal from Ciorba Group, 5507 N. Cumberland Avenue, Chicago, IL 60656, to provide construction engineering services for the Pratt Avenue Storm Sewer Project in the amount of $359,000/Sewer Bond Account. 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 recommendation of Engineering Committee that the Mayor and City Clerk be authorized to execute License Agreement with the Forest Preserve District of Cook County to allow construction and maintenance of 42" storm sewer and an outfall structure on District property as part of the Pratt Avenue Storm Sewer Pro- ject. 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 recommendation of Engineering Committee to accept proposal from Peter F. Olesen and Associates, Inc., 500 W. Central Road, Mt. Prospect, IL 60056, to provide construction engineering services for the Lee Street Water Main Improvements (Algonquin Road to Thacker- Dempster Street), in the amount of $45,800.25/Water Fund. 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 recommendation of Engineering Committee that these minutes serve as a resolution requesting permission to cross the Tri-State Toll Road right-of-way at University Street by tunnel method for construction of the Potter Road Water Main Improvements -Phase 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. ------- 1991 STREET RESURFACING: CASH GUARANTEE FOR TREE PLANTING: COMMITTEE ON COMMITTEES: PAGE THREE 4 _8. 5/6/91 Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee to award contract for 1991 Street Resurfacing Program to the low bidder, Palumbo Brothers, 323 S. Center Street, Hillside, IL 60162, in the amount of $1,425,898.20/ MFT Section 91-00000-01-GM, and bid bonds/checks be returned to unsuccessful bidders. Upon roll call, the vote was: AYES: U-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 1-Sarlo ABSENT: 1-None Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt the recommendation of Municipal Development Committee that the Cash Guarantee (deposit) for planting of parkway trees be increased from $150 per lot to $300 per lot and $600 per corner lot, and City Attorney be author- ized to draft necessary ordinance. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to adopt the recommendation of the Committee on Committees that all current Council committeES remain as they are. Moved by Sarlo, seconded by Chiropolos, that this matter be deferred until the next Council meeting. 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 Healy, seconded by Schneck, to amend the motion as follows: FINANCE ENGINEERING Schneck Sarlo -CHAIRMAN -Member Christiansen-Member MUNICIPAL DEVELOPMENT Sarlo -CHAIRMAN Childers -Member Healy -Member BUILDING CODE Christiansen-CHAIRMAN Schneck -Member Hardiman -Member PUBLIC SAFETY Hardiman Chiropolos Haupt -CHAIRMAN -Member -Member Chiropolos -CHAIRMAN Christiansen -Member Hardiman -Member PUBLIC WORKS Childers -CHAIRMAN Sarlo -Member Haupt -Member COMMUNITY SERVICES Healy -CHAIRMAN Chiropolos -Member Schneck -Member LICENSE & JUDICIAL Haupt Childers Healy -CHAIRMAN -Member -Member Alderman Haupt asked that the record show that he questions the legal opinion given by City Attorney Kolman that the "defer" motion used by the Council for many years is not legal, because he intends to appeal this opinion to a higher authority. Motion by Childers that she be placed as a member of the Finance Committee died for lack of a second. Moved by Sarlo, seconded by Chiropolos, that Alderman Healy's motion be amended as follows: Alderman Sarlo to move from the Public Works Committee to the Building Code Committee and Alderman Hardiman to move from the Building Code Committee to the Public Works Committee. Upon roll call, the vote was: AYES: 3-Sarlo, Chiropolos, Haupt NAYS: 5-Childers, Christiansen, Healy, Schneck, Hardiman ABSENT: 0-None Motion declared failed. COMMITTEES (cont'd.) FENCE VARIATION/ 2811 SCOTT: FENCE VARIATION/ 984 WOODLAWN: FENCE VARIATION/ MURTISHI SUBDIVISION: LAW DEPT. QUARTERLY REPORT: CONTRACT AWARD/BRUSH CHIPPER: 1991 LEAK DETECTION PROGRAM: 49 5/6/91 PAGE FOUR Upon roll call on Alderman Healy's amendment to the original motion, the vote was: AYES: 5-Christiansen, Healy, Schneck, Hardiman, Albrecht NAYS: 4-Childers, Sarlo, Chiropolos, Haupt ABSENT: 0-None Motion declared carried. Alderman Childers asked that the record show that she has spoken to other attorneys and has done research, and no matter what City Attorney Kolman says, she does not believe it is appropriate for the Mayor to break a tie vote on committee assignments. Moved by Christiansen, seconded by Schneck, to adopt recommendation of Building Code Committee to grant request for installation of a 4' high picket fence with a 50% see-through on a corner lot on property located at 2811 Scott Street. Motion declared carried. Moved by Christiansen, seconded by Schneck, to adopt recommendation of Building Code Committee to grant request for fence variation for property located at 984 Woodlawn Avenue as follows: fence to be 2' off the sidewalk along Second Avenue, 3' off the driveway, and 5' off the driveway at the sidewalk at a 45° angle. Motion declared carried. Moved by Christiansen, seconded by Schneck, to adopt recommendation of Building Code Committee to grant request for installation of a 8' high solid wood fence with the good side facing in along the north side of Murtishi Subdivision, Albany Lane and Rand Road. Motion declared carried. Moved by Haupt, seconded by Schneck, to adopt the recommendation of License & Judicial Committee that the Law Department's Quarterly Report be accepted as presented. Motion declared carried. Moved by Childers, seconded by Healy, to adopt the recommendation of Public Works Committee to award contract for one (1) Trailer-Mounted Brush Chipper, including optional bid, to the lowest bidder, Vermeer- Il linois, Inc., 1435 E. Lathem Street, Batavia, IL 60510, in the amount of $15,000. 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 Healy, to adopt the recommendation of Public Works Committee to award contract for 1991 Leak Detection and Spill/Overflow Protection to the lowest bidder, Peter J. Hartmann Company, 2440 S. Wolf Road, Des Plaines, IL 60018, in the amount of $12,500. 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. CONTRACT AWARD/ ENDLOADER: BEAUTIFICATION LEASE -N.W. HIGHWAY/ CHICAGO & NW: LATE CHARGE/ NON-WATER UTILITIES: CONTRACT AWARD/LOT MOWING: SALE OF SURPLUS FIRE EQUIPMENT: (M-11-91) PAGE FIVE 50. 5/6/91 Moved by Childers, seconded by Healy, to adopt the recommendation of Public Works Committee to award contract for one (1) Rubber-Tired Endloader to the lowest bidder to meet specifications, Westside Tractor Sales Company, Inc., 1400 W. Ogden Avenue, Naperville, IL 60563, in the amount of $69,984 with trade-in. 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 Healy, to adopt the recommendation of Public Works Committee that Mayor and City Clerk be authorized to execute Beautification Lease with Chicago and NorthWestern Transportation Company to allow City to undertake beautification of railroad right-of-way on Northwest Highway east of Mt. Prospect Road, for a one-time rental cost of $10. 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 Healy, to adopt the recommendation of Public Works Committee that a 10% late fee be assessed for non-water City utilities, i.e. garbage hauling, disposal, recycling, branch-brush pickup, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Childers, seconded by Healy, to adopt the recommendation of Public Works Committee that City Clerk be authorized to open single bid received for 1991 Lot Mowing (bid date of April 26, 1991 Motion declared carried. Moved by Childers, seconded by Healy, to accept the bid from Earl Parks, 2122 Douglas Avenue, Des Plaines, IL 60018, for 1991 Lot Mowing in the amount of $615.38 per cutting at various locations, for a total of $14,769.12 (24 cuttings). 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 Hardiman, seconded by Haupt, to adopt the recommendation of Public Safety Committee that since no bids were received for one (1) 1962 Seagrave Fire Engine and one (1) 1963 Seagrave Fire Engine at bid opening on February 27, 1991, that City accept offer from Cocroft Auto, Route 5, Box 784, Buckby Road, Lake Geneva, WI 53147, in the amount of $1,500 for this equipment. 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. JOINT CITY- PARK RIDGE 9-1-1 AGREEMENT: EXECUTIVE SESSION: ORDINANCE Z-5-91 SPECIAL USE & VARIATION/ 680 N. WOLF: ORDINANCE M-11-91 SALE OF FIRE EQUIPMENT: PAGE SIX 51. 5/6/91 Moved by Hardiman, seconded by Chiropolos, to adopt recommendation of Public Safety Committee that Mayor and City Clerk be authorized to execute contract between City and City of Park Ridge for contracting of emergency communications services (9-1-1), with no new personnel necessary, equipment and facility requirement~ to remain the same, and Park Ridge to p ay in excess of $200,000 per year (payment will automatically esculate each year as employee costs increase). 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 Sarlo, to go into Executive Session to discuss pending litigation and personnel. 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. Council recessed at 9:30 p.m. Council reconvened at 10:40 p.m. Roll call indicated the following aldermen present: Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance Z-5-91, AN ORDINANCE GRANTING SPECIAL USE PERMITS PURSUANT TO SECTIONS 4.2.2.18 AND 4.2.2.45.4 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION AND OPERATION OF A GASOLINE FILLING STATION AND AN AUTOMOBILE LAUNDRY WITH A COIN-OPERATED AUTOMOBILE WASHING DEVICE AND A VARIATION TO SECTION 4.2.2.45.2 TO PERMIT A REDUCTION IN THE DISTANCE REQUIRED BETWEEN THE AUTOMOBILE LAUNDRY AND RESIDEN- TIALLY-ZONED PROPERTY (680 N. WOLF ROAD) (91-4-SU-SU- SV-V). 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 Hardiman, seconded by Sarlo, to waive First Reading and place on passage Ordinance M-11-91. Motion declared carried. Moved by Hardiman, seconded by Sarlo, to adopt OrdinancE M-11-91, AN ORDINANCE AUTHORIZING THE SALE OF PERSONAL PROPERTY BY THE CITY OF DES PLAINES FIRE DEPARTMENT. 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 M-12-92 PREVAILING WAGE: ORDINANCE M-13-91 WAIVER OF PERMIT FEES/ NON-PROFIT & PUBLIC BODIES: ORDINANCE M-14-91 DISSOLVING_ BD. OF HEALTH: ORDINANCE M-15-91 UPDATE/HUMAN SVS. ADV. COM.: ORDINANCE M-16-91 COMMUNITY HEALTH ADV. COMMISSION: RECONSIDERATION/ ORDINANCE M-10-91 NON-CONTRACT SALARIES: PAGE SEVEN 52. 5/6/91 Moved by Sarlo, seconded by Hardiman, to waive First Reading and place on passage Ordinance M-12-91. Motion declared carried. Moved by Sarlo, seconded by Hardiman, to adopt Ordinance M-12-91, AN ORDINANCE ENACTING SECTIONS 39s-l ET SEQ. OF CHAPTER 48, OF THE ILLINOIS REVISED STATUTES, 1989, AND AS AMENDED, PERTAINING TO WAGES OR EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND PREVAILING WAGE RATES. 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 Christiansen, seconded by Chiropolos, to waive First Reading and place on passage Ordinance M-13-91. Motion declared carried. Moved by Christiansen, seconded by Chiropolos, to adopt Ordinance M-13-91, AN ORDINANCE AMENDING SECTION 4-4-5, CHAPTER 4, TITLE IV, OF THE CITY CODE OF DES PLAINES RE WAIVER OF PERMIT FEES FOR NON-PROFIT AND PUBLIC BODIES. 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. Placed on First Reading was Ordinance M-14-91, AN ORDINANCE DISSOLVING THE CITY OF DES PLAINES BOARD OF HEALTH AND CREATING THE COMMUNITY HEALTH ADVISORY COMMISSION. Place on First Reading was Ordinance M-15-91, AN ORDINANCE AMENDING SECTIONS 2-25-1, 2-25-2, 2-25-4, AND 2-25-5 OF CHAPTER 25, TITLE II ("HUMAN SERVICES ADVISORY COMMISSION") OF THE CITY CODE OF THE CITY OF DES PLAINES. Placed on First Reading was Ordinance M-16-91, AN ORDINANCE AMENDING CHAPTER 1, TITLE II ("COMMISSIONS AND BOARDS'') OF THE CITY CODE OF DES PLAINES IN ITS ENTIRETY. Moved by Schneck, seconded by Sarlo, to reconsider Ordinance M-10-91, AN ORDINANCE AMENDING SECTION l-15-4(A), SCHEDULES I-A, II-A, III, IV, V AND VI-A, ADDING NEW SCHEDULE VII THERETO, OF CHAPTER 15, TITLE I ("POSITION CLASSIFICATION AND COMPENSATION PLAN") OF THE CITY CODE OF DES PLAINES, adopted by the City Council on April 15, 1991. Motion declared carried. Moved by Schneck, seconded by Sarlo, to amend Ordinance M-10-91 to delete from Schedule IV all reference to the position of City Manager. 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. RESOLUTION R-7-91 D.P. ARTS COUNCIL: RESOLUTION R-8-91 FIREFIGHTER MEMORIAL DAY: ZONING CASE 91-10-V 395 ELK BLVD.: ADVERTISING FOR BIDS: ADJOURNMENT: APPROVED DAY OF PAGE EIGHT 53. 5/6/91 Moved by Sarlo, seconded by Healy, to adopt Resolution R-7-91, A RESOLUTION DESIGNATING THE DES PLAINES ARTS COUNCIL AS THE OFFIC.IAL ARTS COUNCIL OF THE CITY OF DES PLAINES. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt Resolution R-8-91, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, DESIGNATING MAY 19, 1991 AS FIREFIGHTER MEMORIAL DAY. Motion declared carried. Letter from Des Plaines Zoning Board of Appeals re Case 91-10-V, 395 Elk Boulevard (John Ligas) was referred to the Municipal Development Committee. The City Clerk's office will be advertising for bids for carpeting on Second Floor of Police Building, returnable by 3:00 p.m. on Monday, May 13, 1991. The City Clerk's office will be advertising for bids for one (1) new Mobile Intensive Care Unit (MICU), returnable by 3:00 p.m. on Tuesday, June 18, 1991. Moved by Sarlo, seconded by Chiropolos, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:58 p.m.