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08029318. 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, AUGUST 2, 1993 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Ted Sherwood at 7:01 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 2, 1993. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt. Alderman Christiansen was absent. Also present were: City Manager Douthwaite, city Accountant Jett, Police Chief Storm, Fire Chief Clark, Superintendent of Water & Sewer Zeimet, Development Specialist D 'Onofrio, Sr. Civil Engineer Kaszuba, Human Resources and Services Department Director Panouses, Public Safety Communications Coordinator Ornberg, and Interim City Attorney Delort. PRAYER AND PLEDGE: CONSENT AGENDA: MINUTES: Consent Agenda PARKING PAD/ 1653 HOWARD: consent Agenda STREET RESURFACING: Consent Agenda The opening prayer was given by Father Robert Setmeyer, St. Martin Episcopal Church, followed by the Pledge of Allegiance to the Flag. Alderman Sarlo requested that Items 6 and 16 be removed from the Consent Agenda; Alderman Curley requested that Item 7 be removed; Alderman Haupt requested that Items S and Sa be removed; and Alderman Beauvais requested that Item 17 be removed. Moved by Sarlo, seconded by Kisslinger, to establish a Consent Agenda except for Items 6, 7, S, Sa, 16 and 17. Motion declared carried. Moved by Sarlo seconded by Chiropolos, to approve the consent agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: !-Christiansen Motion declared carried. The minutes are approved. The staff recommendations and requests are approved. Ordinances M-36-93, M-37-93, M- 3S-93 are adopted; and Ordinances T-9-93 and T-10-93 are placed on First Reading. Moved by Sarlo, seconded by Chiropolos, to approve minutes of regular meeting of the City Council held August 2, 1993, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on July 19, 1993, and deny request for Parking Pad Variation to permit 10 1 x 17' Pad in front yard on the east side of property located at 1653 Howard Avenue. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on July 19, 1993, to approve resurfacing of Webster Lane from Oakton Street to Forest Avenue as an alternative to scheduled resurfacing of Spruce Avenue from Howard Avenue to the south cul-de-sac (part of 1993 Street Resurfacing Program approved on April 5, 1993). Motion declared carried as approved unanimously under Consent Agenda. ~ ~ --orr==-,.,.._--~=---.-.~----=====----r=·------=====---====-==-------===-------====--==-=------=----=-- CHANGE ORDERS/ ALGONQUIN RD. IMPROVEMENTS: Consent Agenda COST-OF- LIVING /NON- UNION EMP.: Consent Agenda ORDINANCE M-40-93 COST-OF- LIVING /NON- UNION EMP.: consent Agenda DRIVEWAY AND PARKING PAD VARIATION/ 975 SECOND: FENCE VARIATION/ 1765 VAN BUREN: IDFA BONDS/ 1700 s. MT. PROSPECT: 19. 8/2/93 PAGE TWO Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on July 19, 1993, to approve Change Orders 1 through 5 for Algonquin Road Reconstruction Project for various items at additional net cost to the City of $10,416.62/1990 and 1991 GO Bond Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on July 19, 1993, and approve 4% cost-of-living increase for all non- union employees, except the City Manager, retroactive to May 1, 1993. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on July 19, 1993, and place on First Reading Ordinance M-40-93, AN ORDINANCE AMENDING SCHEDULES I-A, II-A, III, IV, V, AND VI-A OF THE CITY CODE OF DES PLAINES, PERTAINING TO THE CITY'S POSITION CLASSIFICATION AND COMPENSATION PLAN, TO REFLECT SALARY RANGE INCREASES EFFECTIVE MAY 1, 1993 TO APRIL 30, 1994. Motion declared carried as approved unanimously under Consent Agenda (adoption of this ordinance will be considered by the Finance & Administration Committee under the Committee of the Whole on August 16, 1993). Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to grant request for second 9 'O" driveway and a parking pad, 20 1 -011 x 40 1 -011 at rear of house on property located at 975 Second Avenue. Mr. Robert Platz, petitioner, and Vern Chase, City's Permit Coordinator, addressed the Council and answered questions regarding this matter. Following discussion, motion declared carried. Moved by Curley, seconded by Sarlo, to concur with Staff recommendation to grant request for Fence Variation to permit 6' high solid wood fence in the required front yard along the south lot line to a point 10' west of the east property line, then on a 45 degree angle to a point 5 1 north of the south property line, and then parallel to the east property line, 5 1 west of the east property line to a line from the corner of the house perpendicular to the east property line and then west back to the corner of the house on property located at 1765 Van Buren Street (this was further clarified by Alderman Sarlo later in the meeting) . Mr. Ken Kuby addressed the Council and stated that there were no complaints from the neighbors regarding this request. Mr. Vern Chase, City's Permit Coordinator, addressed the Council and further clarified this request. Following discussion, motion declared carried. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation to concur with the action of the Illinois Development Finance Authority which approved an application to issue 501(c) (3) Revenue Bonds on behalf of Institute of Gas Technology in an amount not to exceed $4,900,000, to finance the acquisition and purchase of land, renovation, and equipping of existing facility located at 1700 s. Mt. Prospect Road. Alderman Haupt expressed his strong opposition to this matter because there had not been adequate public input and urged the Council to vote against approval. Mr. Jack Klaus, Executive Director Des Plaines Economic Development Commission, addressed the Council to clarify ~ IDFA BONDS (Cont'd.) RESOLUTION R-47-93 APPROVING IDFA BONDS: TRAFFIC RESTRICTION/ LAUREL AVE.: Consent Agenda ORDINANCE T-9-93 TRAFFIC RESTRICTION/ LAUREL AVE.: Consent Agenda PARKING RESTRICTION/ WHITE ST.: Consent Agenda ORDINANCE T-10-93 PARKING RESTRICTION/ WHITE ST.: consent Agenda ADVERTISING FOR BIDS: Consent Agenda 20. 8/2/93 PAGE THREE and answer Alderman Haupt's concerns, and gave reasons why this matter should be approved. Upon roll call on the motion, the vote was: AYES: 6-Beauvais, Elstner, Kisslinger, Curley, Sarlo, Chiropolos NAYS: 1-Haupt ABSENT: 1-Christiansen Motion declared carried. Moved by Chiropolos, seconded by Sarlo, to concur with Staff recommendation to adopt Resolution R-4 7-93, A RESOLUTION OF THE CORPORATE AUTHORITIES OF THE CITY OF DES PLAINES APPROVING THE INSTITUTE OF GAS TECHNOLOGY INDUSTRIAL DEVELOPMENT PROJECT AT 1700 S. MOUNT PROSPECT ROAD, DES PLAINES, IL. Upon roll call, the vote was: AYES: 6-Beauvais, Elstner, Kisslinger, Curley, Sarlo, Chiropolos NAYS: 1-Haupt ABSENT: 1-Christiansen Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation and amend City Code to state that Laurel Avenue traffic yield to Webford Avenue traffic at Webford Avenue. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with staff recommendation to place on First Reading Ordinance T-9-93, AN ORDINANCE AMENDING SECTION 10-7-4 "YIELD RIGHT OF WAY" OF THE CITY CODE OF DES PLAINES, TO ADD LAUREL AVENUE AS A YIELD STREET FOR WEBFORD AVENUE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to grant request to limit parking along west side of White Street from Oakton Street south to alley (approximately 125') to "2 Hours, Monday - Friday 9:00 A.M. -9:00 P.M., Saturday 9:00 A.M. -6:00 P.M., excluding Sundays and Holidays;" and further amend City Code to conform with current posting of the east side of White Street between Oakton Street south to alley as "No Parking Any time" and yellow-paint curb on the street. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation to place on First Reading Ordinance T-10-93, AN ORDINANCE AMENDING SCHEDULE I, OF SECTION 10- 5-17 "PARKING PROHIBITED IN DESIGNATED PLACES," OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "WHITE STREET, FROM OAKTON STREET SOUTH TO ALLEY, EAST SIDE OF STREET," AND TO FURTHER AMEND SCHEDULE II OF SECTION 10-5-5 ( C) ( 1.) TO DELETE "WHITE STREET, FROM OAKTON STREET SOUTH TO ALLEY, EAST SIDE OF STREET" AND SCHEDULE I OF SECTION 10- 5-5 ( E) ( 2. ) TO ADD "WHITE STREET, FROM OAKTON STREET SOUTH TO ALLEY, (APPROXIMATELY 125 FEET), WEST SIDE OF STREET." Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for construction of Ira Brown Water System Improvements, Phase II, returnable by 10:00 a.m., Tuesday, August 10, 1993. Motion declared carried as approved unanimously under Consent Agenda. ~! APPOINTMENTS/ REAPPOINT.: Consent Agenda ORDINANCE M-36-93 PRIV. SCAV. RECYCLING PROGRAM: consent Agenda ORDINANCE M-37-93 ABOLISHING VARIOUS COMMISSIONS: Consent Agenda ORDINANCE M-38-93 LIQ. LIC./ 767 GOLF: Consent Agenda ORDINANCE A-2-93 ANNEXATION/ 415 W. TOUHY: RESOLUTION R-48-93 FUNDING FOR FIREWORKS: WARRANT REGISTER: CIVIL SERVICE EMPLOYEES: 21.. 8/2/93 PAGE FOUR Moved by Sarlo, seconded by Chiropolos, to concur with Mayor Sherwood's recommendation to consider restructuring of Economic Development Commission appointment/reappoint- ments as mandated by Ordinance M-19-93 with final action being taken under Consent Agenda on August 16, 1993. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance M-36-93, AN ORDINANCE AMENDING SUBSECTION 8-4- 12 (B) ( 1) OF SECTION 8-4-12 "RECYCLING PROGRAM" OF THE CITY CODE OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance M-37-93, AN ORDINANCE REPEALING CHAPTER 12 "TRAFFIC COMMISSION," CHAPTER 16 "PUBLIC EMPLOYEE LABOR RELATIONS BOARD," AND CHAPTER 19 "HOUSING COMMISSION," OF TITLE II "COMMISSIONS AND BOARDS," OF THE CITY CODE OF DES PLAINES, IN THEIR ENTIRETY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance M-38-93, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO UPDATE THE NUMBER OF LICENSES ISSUED (Gold Standard Liquors, Inc., 767 W. Golf Road). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to amend Annexation Agreement between City and Suburban National Bank of Palatine as Trustee under Trust No. 6199 ("Owner") , to delete last sentence on Page Six -"The City waives any tap-on or connection fees;" and place on First Reading Ordinance A-2-93, AN ORDINANCE ANNEXING CERTAIN LAND TO THE CITY OF DES PLAINES, ILLINOIS (PROPERTY COMMONLY KNOWN AS 415 WEST TOUHY AVENUE, DES PLAINES, ILLINOIS) AND AUTHORIZING AN ANNEXATION AGREEMENT." Motion declared carried. Moved by Beauvais, seconded by Elstner, to defer Resolution R-48-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING A VOLUNTARY CITIZEN DONATION PROGRAM FOR THE PURCHASE OF 1994 FOURTH OF JULY FIREWORKS, until August 16, 1993. Motion declared carried. Mayor Sherwood declared that the City council was now resolved into a Committee of the Whole. FINANCE & ADMINISTRATION Alderman Haupt, Chair Moved by Haupt, seconded by Sarlo, to recommend to the City Council approval of the August 2, 1993 Warrant Register in the amount of $1,544,389.98, and Resolution R-49-93 be adopted at appropriate time this evening. Both Jack Flynn, 1271 Fargo Avenue, and Gene Fregetto, 800 Laurel Avenue, addressed the Council; expressing their concern about City spending and urged cost-cutting. Following discussion, motion declared carried. Moved by Haupt, seconded by Sarlo, to recommend to the City Council deleting the provision of the City Code which provides that a Civil Service employee who is appointed by the Mayor will retain his position in the Civil Service, and Ordinance M-41-93 be placed on First Reading at appropriate time this evening. Motion declared carried. POSITION RECLASSIFI- CATIONS: REIMBURSE. FOR SERVICES/ MERC: ORDINANCE M-41-93 CIVIL SVS. EMPLOYEES: RESOLUTION R-49-93 WARRANT REGISTER: ADVERTISING FOR BIDS: APPOINTMENT/ EMA COORD.: COMMITTEE REFERRALS: ORDINANCE M-40-93 COST-OF- LIVING /NON- UNION EMPLOYEES: 22. 8/2/93 PAGE FIVE Moved by Haupt, seconded by Sarlo, to concur with the recommendation of the Job Evaluation Committee and Civil Service Commission, and recommend to the City Council approval of various position reclassifications. Motion declared carried. COMMUNITY SERVICES Alderman Beauvais, Chair Moved by Beauvais, seconded by Kisslinger, to recommend to the City Council that request from Minority Economic Resources Corporation (MERC), 2570 E. Devon Avenue, Des Plaines, for fair housing counseling services performed between October, 1992 and January, 1993, in the amount of $3,750, be denied. Ms. Cindy Mccammack, City's Community Development Block Grant Coordinator, addressed the Council and gave a brief overview of this matter. Following discussion, motion declared carried. Mayor Sherwood assumed the chair, and declared the City council back in session. Placed on First Reading was Ordinance M-41-93, AN ORDINANCE AMENDING SECTION 1-15-7(D) OF THE CITY CODE OF DES PLAINES. Moved by Haupt, seconded by Sarlo, to concur with recommendation of Committee of the Whole to adopt Resolution R-49-93, 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: $1,544,389.98. Upon roll call, the vote was: AYES: 7-Beauvais, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. The City Clerk's Office will be advertising for bids for one (1) 1993, or newer, Ford E350 Ambulance Chassis and Remount, returnable by 3 : o o p. m. , Friday, August 2 7, 1993. Moved by Sarlo, seconded by Chiropolos, to waive the two week waiting period and concur with Mayor Sherwood's appointment of Earl Boesenberg as Coordinator of the Des Plaines Emergency Management Agency. Motion declared carried (City Clerk McAllister administered the oath of office). At the request of Alderman Chiropolos, Mayor Sherwood ref erred the following matters to the Legal & Licensing Committee: remapping of part of the 4th and 7th Wards, and the problem of underage drinking in homes. At the request of Alderman Curley, Mayor Sherwood placed consideration of adoption of Ordinance M-40-93, AN ORDINANCE AMENDING SCHEDULES I-A, II-A, III, IV, V, AND VI-A OF THE CITY CODE OF DES PLAINES, PERTAINING TO THE CITY'S POSITION CLASSIFICATION AND COMPENSATION PLAN, TO REFLECT SALARY RANGE INCREASES EFFECTIVE MAY 1, 1993 TO APRIL 30, 1994, on the agenda for the Finance & Administration Committee meeting under the Committee of the Whole on August 16, 1993. EXECUTIVE SESSION: VOSBURGH VS. CITY: LAW DEPT. QUARTERLY REPORT: CITY COUNCIL: ADJOURNMENT: 23. 8/2/93 PAGE SIX Moved by Sarlo, seconded by Haupt, to go into Executive Session to discuss pending litigation. Upon roll call, the vote was: AYES: 7-Beauvais, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: !-Christiansen Motion declared carried. Council recess at 9:14 p.m. Council reconvened at 10:44 p.m. Roll call indicated the following aldermen present: Beauvais, Elstner, Kiss linger, Curley, Sarlo, Chiropolos, Haupt. Moved by Kisslinger, seconded by Haupt, to proceed with Vosburgh vs. City law suit as recommended by defense counsel in Executive Session. Upon roll call, the vote was: AYES: 7-Beauvais, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: !-Christiansen Motion declared carried. Moved by Kisslinger, seconded by Curley, that the Law Department Quarterly Report be approved as reviewed in Executive Session. Motion declared carried. Motion by Alderman Sarlo that City Council meetings adjourn at 9:00 p.m. whether the business on hand has been concluded or not, died for lack of a second. Moved by Sarlo, seconded by Chiropolos, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:55 p.m. Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS L] DAY OF ------~-JI _'.?L_&'.:_~_77/_·_<-_ Ted Sherwood, MAYOR