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060192206. 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, JUNE 1 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 8:05 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, June 1, 1992. ROLL CALL: Roll call indicated the following aldermen present: Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. Also present were: City Treasurer Fredricks, Acting City Manager/ Comptroller Peters, Commissioner of Public Works Matula, Fire Chief Clark, Deputy Police Chief Randolph, Community Development Director Pagones, City Engineer Oakley, Human Resources and Services Department Director Panouses, and City Attorney Kolman. PRAYER AND PLEDGE: PRESENTATION: MINUTES: BILLS PAYABLE: RISK MANAGEMENT SERVICES: The opening prayer was given by Pastor David Jones, First Presbyterian Church, followed by the Pledge of Allegiance to the Flag. Six Keep America Beautiful Month Awards were presented by Ann Tennes, Coordinator -Keep Des Plaines Beautiful, Inc. and Mike Albers, Member -Clean Community/ Beautification Commission to: Diana Mazula, Terry Brand, Bill Rizzo and Boy Scout Troop 63, Joan Heuning and family, Kiwanis Club of Des Plaines, and Ace Hardware/Oakton Street, for their outstanding efforts during the April "Keep America Beautiful Month" activities and, specifically, the Glad Bag-A-Thon and Adopt-A-Spot Programs. Moved by Sarlo, seconded by Childers, to approve minutes of regular meeting of the City Council held May 18, 1992, as published. Motion declared carried. Moved by Sarlo, seconded by Hardiman, to appr...ove minutes of executive session of the City Council :ti.E?..).d May 18, 1992. Addition: Page One, Paragraph Two, L~e Six, add after the word over, "CPI as of 12/31/93." / Following addition, 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: $1,355,565.20, which includes Warrant #98564 in the amount of $72.91. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Chiropolos, Sarlo, Haupt NAYS: 1-Christiansen 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 provide Risk Management Services in two phases: Phase I a comprehensive analysis and review of City's Property /Liability coverages; Phase II -develop detailed property insurance specifications, in the amount of $9,800 for Phase I and $6,750 for Phase II, for a total of $16,550. Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Sarlo, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. ZONING CASE 92-16-SU 580 S. WOLF: ZONING CASE 92-17-SU 2550 DEMPSTER: TRAFFIC RESTRICTION/ PERRY ST.: TRAFFIC CODE CHANGES: USE OF BEHREL DECK: CARPET CLEANING EQUIPMENT: 207. 6/1/92 PAGE TWO Moved by Sarlo, seconded by Hardiman, to adopt joint recommendation of the Municipal Development and Public Safety Committees to concur with recommendation of Des Plaines Plan Commission and Zoning Board of Appeals re Case 92-16-SU, to grant request for Special Use to permit installation of two 2500 gallon above-ground diesel fuel storage tanks and grant request for Special Use to permit the storage of more than 30 gallons of fuel above ground, on property located at 580 s. Wolf Road in M-2 General Manufacturing District, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Sarlo, seconded by Hardiman, to adopt joint recommendation of the Municipal Development and Public Safety Committees to concur with recommendation of Des Plaines Plan Commission and Zoning Board of Appeals re Case 92-17-SU, to grant request for Special Use to permit installation of a 300 gallon ground-level flammable fuel storage tank and grant request for Special Use to permit the storage of more than 30 gallons of fuel above ground, on property located at 2550 Dempster Street in C-2 General Commercial District, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Hardiman, seconded by Haupt, to adopt the recommendation of Public Safety Committee to concur with recommendation of Staff Traffic Advisory Committee that Perry Street become two-way from Ida to Lee Streets, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Hardiman, seconded by Chiropolos, to adopt the recommendation of Public Safety Committee to concur with recommendation of Staff Traffic Advisory Committee that Title X Traffic, of the City Code, be updated, specifically deleting references to street cars and trolley cars and putting various codes in an order in which they can be more easily located, and City Attorney be authorized to draft necessary ordinances. Motion declared carried. Moved by Childers, seconded by Haupt, to adopt the recommendation of Public Works Committee to grant use of Behrel Parking Deck as follows: Cavalier Promotions, Inc., 623 Grace Lane, Schaumburg, IL 60193, to hang a banner from July 20 through August 8, 1992 to promote the Cavalcade of Brass Drum & Bugle Corps competition to be held at Maine West High School Stadium on August 7, 1992, and Public Works Department to hang the banner provided by Cavalier Promotions. Des Plaines Historical Society for their 21st Annual Antique Fair & Flea Market on Sunday, September 13, 1992, from 9 a.m. to 4 p.m.; to hang banner; that Parking Deck and Satellite Lot be closed to parking at 12:01 a.m. on September 13, 1992; that Ellinwood Street be closed to vehicular traffic from 6 a.m. to 5 p.m. on September 13, 1992; allow placement of dumpster and temporary toilet facilites in Satellite Lot (not on grass); and normal fee for food and raffle be waived. Motion declared carried. Moved by Childers, seconded by Haupt, to adopt the recommendation of the Public Works Committee that Commissioner of Public Works be authorized to prepare bid specifications for cleaning services and carpet cleaning equipment for Civic Center, date to be determined. Motion declared carried. CIVIC CENTER PARKING DECK: REVISIONS/ FENCE AND PARKWAY ORDINANCE: CONSENT AGENDA/ ENGINEER. COMMITTEE REPORTS: DESIGN ENG. SERVICES & TRAFFIC SIG./ ALGONQUIN RD.: PARKING LOT RECONSTRUC./ 140-150 N.W. HIGHWAY: 208. 6/1/92 PAGE THREE Moved by Childers, seconded by Haupt, to adopt the recommendation of Public Works Committee that the matter of repairs to the Behrel Parking Deck and Civic Center Parking Deck be held until further notice. Motion declared carried. Alderman Healy voted no. Moved by Christiansen, seconded by Hardiman, to adopt recommendation of Building Code Committee to concur with staff recommendation that the Fence and Parkway Ordinances be updated, and City Attorney be authorized to draft necessary ordinances. Motion declared carried. Moved by Haupt, seconded by Healy, that all Engineering Committee reports on City Council Agenda this evening be approved by one consent vote. 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 remove the following items from the consent vote: Design Engineering Services/Algonquin Road Northwest Highway Townhouses' Parking Lot Private Sector Inflow/Infiltration Elimination (HELD) Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee to accept proposal from Graef, Anhol t, Schloemer & Associates, Inc., 6650 N. Northwest Highway, Suite 302, Chicago, IL 60631, to perform Phase II Design Engineering for proposed improvement of Algonquin Road, Lee-Mannheim Road to Des Plaines-River Road, in the amount not-to-exceed $80,757/1990 Street Bond account; City Attorney be authorized to prepared necessary resolution, and Mayor and City Clerk be authorized to execute agreement. 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 City Attorney be authorized to draft necessary ordinance to amend Title X, Section 10-3-1 to add new subsection (N) which shall read: "It shall be unlawful for eastbound traffic on Algonquin Road to make a left hand turn north onto Des Plaines-River Road during the hours of 7: 00 a.m. to 8:00 a.m. and 4:00 p.m. to 6:00 p.m., seven days a week; and Commissioner of Public Works be authorized to post these signs by Police Order on June 2, 1992. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee that the City enter into an arrangement with Cumberland Townhouse Civic Association to split the cost of parking lot reconstruction on property located at 140-150 Northwest Highway; estimated cost, based on proportionate share of land area to be improved would be $44,300 for the City and $74,920 for the Cumberland Townhouse Civic; City to prepare design plans and specifications, bid the project and provide construction supervision in return for vacation of the right-of-way to the Association; City will be responsible for maintenance of new 10" sewer; all contingent upon: 140-lSO N.W. HIGHWAY (Cont'd.) SIDEWALK VARIATION/ 1800 LEE ST.: Consent Agenda AUTH. TO BID/ 1992 STREET RECONSTRUC.: consent Agenda AUTH. TO BID/ SO-SO SIDE- WALK PROG.: consent Agenda DESIGN ENG. AGREEMENT/ OAKTON ST. SEWER: consent Agenda AMEND. TO AGREEMENT/ PERRY ST. STORM SEWER: consent Agenda GRANT OF PERMANENT EASEMENT/133S CAROL LANE: Consent Agenda 209. 6/1/92 PAGE FOUR 1. Incorporation of Cumberland Townhouse Civic Association with ability to accept real and personal property in order for right-of-way vacation to occur. 2. Securing of Construction Easement from each property owner (parking stalls) to allow construction within that area. 3. Creation of a Special Service Area for the repayment of the private parking area construction. When all is in compliance, City Attorney be authorized to draft necessary ordinance. Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee to grant request from Holy Virgin Protection Church to waive requirement for construction of a public sidewalk along the frontage of property located at 1800 Lee Street as required under Section 9-1-14 of the City Code. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee that the City Clerk be authorized to advertise for bids for 1992 Street Reconstruction returnable by 10: 00 a. m. on Wednesday, June 17, 1992. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee that the City Clerk be authorized to advertise for bid for 50-50 Sidewalk Replacement Program, returnable by 10:00 a.m. on Wednesday, June 17, 1992. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee to accept proposal from Harza Environmental Services, Inc., 233 s. Wacker Drive, Chicago, IL 60606, to design Phase I of Oakton Street Sewer Separation Project in the amount not- to-exceed $232,374/Sewer Bond account; City Attorney be authorized to draft necessary resolution and Mayor and City Clerk be authorized to execute agreement. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee to approve amendment to Design Engineering Agreement with Harza Environmental Engineering, Inc., 233 Wacker Drive, Chicago, IL 60606 (approved December 21, 1987) for Perry Street Storm Sewer Project for refinement and additional work effort by consultant which includes preparation of detour plans, water main reconstruction, Weller Creek flood profiles update and Weller Creek easement documentation, in an amount not-to-exceed $15,600. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee that City enter into Grant of Permanent Easement for property located at 1335 Carol Lane which will permit City to construct, operate and maintain a storm sewer to drain rear yards at Carol Lane and adjacent properties; City Attorney be authorized to draft necessary resolution and Mayor and City Clerk be authorized to execute agreement; and further that City Attorney be authorized to draft necessary ordinance to amend Section 1-14-2 -Duties of City Engineer to add new subsection (H) giving the City Engineer the authority to execute Grants of Easement (Temporary and Permanent). Motion declared carried. ~=-----~-w -- LEGAL DEPT. QUARTERLY REPORT: LIQ. LIC. 1118 LEE ST.: FREEDOM OF INFORMATION ACT: ORDINANCE M-17-92 AMENDMENT CITY MGR. ORDINANCE: VETO MESSAGE: ORDINANCE M-20-92 PURCHASING POLICY: ORDINANCE M-21-92 9-1-1 POS. CLASS.: ORDINANCE Z-3-92 VARIATION/ 1227 BROWN: 210. 6/1/92 PAGE FIVE Moved by Haupt, seconded by Childers, to adopt the recommendation of License & Judicial Committee that the Legal Department's Quarterly Report be accepted as presented. Motion declared carried. Alderman Haupt advised the Council that the application for a Class E Liquor License for property located at 1118 Lee Street, d/b/a Las Torres Restaurant, has been withdrawn pending reorganization of corporation and resubmittal of application. Moved by Haupt, seconded by Childers, to adopt the recommendation of License & Judicial Committee that city Attorney be authorized to further revise draft resolution to incorporate the relevant provisions of Chapter 116, Section 201 through 211 of the Freedom of Information Act by reference, and include a revised fee schedule more in line with actual costs, and report back to committee. Motion declared carried. Moved by Sarlo, seconded by Healy, to adopt Ordinance M- 17-92, AN ORDINANCE AMENDING SECTIONS 1-24-3 AND 1-24- 6(A) AND (L) OF CHAPTER 24 ("CITY MANAGER"), TITLE I OF THE CITY CODE OF DES PLAINES BY SUBSTITUTING THE WORD "SHALL" FOR "MAY" WHEREVER IT APPEARS AFTER THE TERM "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. Mayor Albrecht read a Veto Message (copy attached) vetoing Ordinance M-15-92, AN ORDINANCE PROVIDING FOR THE IMPOSITION OF A HOME RULE MUNICIPAL RETAILERS' AND SERVICE OCCUPATION TAX, adopted by the City Council on Monday, May 18, 1992, and Ordinance M-16-92, AN ORDINANCE PROVIDING FOR THE USE OF THE HOME RULE MUNICIPAL RETAILERS' AND SERVICE OCCUPATION TAX, adopted by the City Council on Monday, May 18, 1992. Placed on First Reading was Ordinance M-20-92, AN ORDINANCE AMENDING CHAPTER 16 ("FINANCE") OF TITLE I OF THE CITY CODE OF DES PLAINES, BY ADDING NEW SECTION 1-16- 21 ("PURCHASING POLICIES AND GUIDELINES") Moved by Healy, seconded by Chiropolos, to waive First Reading and place on passage Ordinance M-21-92. Motion declared carried. Moved by Christiansen, seconded by Healy, to adopt Ordinance M-21-92, AN ORDINANCE AMENDING SECTION 1-15- 4 (A), SCHEDULES V AND VII OF CHAPTER 15, TITLE I ("POSITION CLASSIFICATION AND COMPENSATION PLAN") OF THE CITY CODE OF DES PLAINES. 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 Z-3-92, AN ORDINANCE GRANTING A VARIATION TO SECTION 9.1.8.3 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THREE ENCLOSED (TANDEM) PARKING SPACES FOR THE PROPERTY COMMONLY KNOWN AS 1227 BROWN STREET IN A R-5 RESIDENTIAL CENTRAL CORE MULTIPLE-FAMILY ZONING DISTRICT (CASE NO. 92-9-V) . - ORDINANCE Z-4-92 SPEC. USE./ 1750 ELMHURST: ZONING CASE 92-14-SU 2711 MANNHEIM: ADVERTISING FOR BIDS: REAPPOINT- MENTS: CHAMBER SIDEWALK SALE DAYS: ZONING TEXT AMENDMENTS: 211. 6/1/92 PAGE SIX Placed on First Reading was Ordinance Z-4-92, AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO SECTIONS 8. 1 AND 4. 2. 2. 12 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION AND OPERATION OF A CONGREGATE LIVING CENTER IN A C-2 COMMERCIAL DISTRICT ON PROPERTY COMMONLY KNOWN AS 1750 SOUTH ELMHURST ROAD (CASE NO. 91-38-SU) . Letters from Des Plaines Plan Commission and Zoning Board of Appeals re Case 92-14-SU, 2711 Mannehim Road (John Sellas) were referred to the Municipal Development Committee. The City Clerk's Office will be advertising for bids for one Class A Engine Pumper, returnable by 3:00 p.m. on Friday, July 10, 1992. The bid date for repair of the the North Elevator has been changed from 3:00 p.m. on Tuesday, June 2, 1992 to 3:00 p.m. on Tuesday, June 9, 1992. Moved by Healy, seconded by Childers, to concur with Mayor Albrecht's reappointment of William J. Connolly, Jr. to the Board of Police and Fire Commission, term to expire April 30, 1995. Motion declared carried. Letters from Mayor Albrecht regarding the reappointments of Beverly Becker, Louis Weber, and Richard Luckritz to the Des Plaines Cable Commission will come before the Council on Monday, June 15, 1992. Mayor Albrecht ref erred letter from Des Plaines Chamber of Commerce and Industry regarding the Chamber's 36th annual citywide Sidewalk Sale Days to the Public Works Committee. Moved by Healy, seconded by Christiansen, that the Mayor be authorized to petition, on behalf of the City, for all text amendments to the zoning ordinance, in particular Zoning Case 92-21-A re M-3 Scientific Research and Development District, and then continue on to review the remaining Manufacturing Districts, all the Commercial Districts and Residence Districts. Moved by Childers, seconded by Chiropolos, to adopt a substitute motion that this matter be held until a written opinion is received from the City Attorney as to who is authorized to petition the City for a text amendment to the zoning ordinance. Upon roll call, the vote was: AYES: 5-Childers, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 3-Christiansen, Healy, Schneck ABSENT: 0-None Motion declared carried. Moved by Healy, seconded by Christiansen, that the City Attorney prepare a written report to the City Council indicating who has petitioned the City for text amendments, case by case, over the past several years (to the point of statute of limitation), i.e. mayor, city manager, staff. Upon roll call, the vote was: AYES: 2-Christiansen, Healy NAYS: 6-Childers, Schneck, Hardiman, Sarlo, Chiropolos, Haupt ABSENT: 0-None Motion declared failed. ,.-- EXECUTIVE SESSION: RATIFICATION OF FIRE UNION CONTRACT: COHEN VS. CITY: SWANCC: RECONSIDER- ATION OF VOTE: 212. 6/1/92 PAGE SEVEN Moved by Haupt, seconded by Childers, to go into Executive Session to discuss collective bargaining, 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 10:00 p.m. Council reconvened at 10:55 p.m. Roll call indicated the following aldermen present: Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. Moved by Christiansen, seconded by Sarlo, to ratify contract between City and Des Plaines Professional Firefighter's Association and authorize Mayor and City Clerk to execute same, contract to expire April 30, 1995. Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Hardiman, Sarlo, Chiropolos NAYS: 2-Schneck, Haupt ABSENT: 0-None Motion declared carried. Moved by Haupt, seconded by Childers, that the City enter into settlement negotiations as agreed to in Executive Session regarding lawsuit -Cohen vs. City. Motion declared carried. Moved by Haupt, seconded by Childers, that City retain attorney regarding possible litigation against SWANCC at the hourly fee agreed to in Executive Session for a maximum of 35 hours. 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 Haupt, seconded by Schneck, to reconsider vote taken earlier in the evening approving the following motion: Moved by Childers, seconded by Chiropolos, to adopt a substitute motion that this matter be held until a written opinion is received from the City Attorney as to who is authorized to petition the City for a text amendment to the zoning ordinance. Upon roll call to reconsider the motion, the vote was: AYES: 5-Christiansen, Healy, Schneck, Haupt, Albrecht NAYS: 4-Childers, Hardiman, Sarlo, Chiropolos ABSENT: 0-None Motion declared carried. Upon vote on the reconsidered substitute motion, the vote was: AYES: 4-Childers, Hardiman, Sarlo, Chiropolos NAYS: 5-Christiansen, Healy, Schneck, Haupt, Albrecht ABSENT: 0-None Motion declared failed . Upon roll call on the original motion: Moved by Healy, seconded by Christiansen, that the Mayor be authorized to petition, on behalf of the City, for all text amendments to the Zoning Ordinance, in particular Zoning Case 92-21-A re M-3 Scientific Research and Development District, and then continue on to review the remaining Manufacturing Districts, all the Commercial Districts and Residence Districts, the vote was: - RECONSIDER- ATION (Cont'd.) ADJOURNMENT: 213. 6/1/92 PAGE EIGHT AYES: 5-Christiansen, Healy, Schneck, Haupt, Albrecht NAYS: 4-Childers, Hardiman, Sarlo, Chiropolos ABSENT: 0-None Motion declared carried. Moved by Schneck, seconded by Christiansen, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:50 p.m. APPROVED BY ME THIS DAY OF~ , 1992 D~((/V