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0805918ALL TO ORDER: ROLL CALL: 85. 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 5, 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 8:50 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 5, 1991. Roll call indicated the following aldermen present: Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. Alderman Christiansen 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 Director Panouses, and City Attorney Kolman. PRAYER AND PLEDGE: MINUTES: BILLS PAYABLE: MEMORANDUM OF UNDERSTANDING/ FRANCZAK PROJECT: ZONING CASE 91-22-SU 2510 DEMPSTER: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Moved by Sarlo, seconded by Chiropolos, to approve minutes of regular meeting of the City Council held July 15, 1991. Correction: Page Three, Paragraph Two, Line Six, should read "1990 Street Bond Account which will be abated with Motor Fuel Tax funds under Section #90-00160-01 FP" in lieu of "Street Bond account." Following correction, 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: $2,622,432.39. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: I-Christiansen Motion declared carried Moved by Schneck, seconded by Sarlo, to adopt the recommendation of Finance Committee that the City enter into a Memorandum of Understanding with R. Franczak & Associates to negotiate and enter into a Redevelopment Agreement for development of property located at 1485 Ellinwood Street (approximately); the various terms of this Memorandum are subject to preparation and execution of said agreements and to approvals of such agreements by December 31, 1991; and City Attorney be authorized to draft necessary docu- ments. Motion declared carried. Alderman Childers voted no. Moved by Sarlo, seconded by Childers, to adopt the recommendation of Municipal Development Committee and concur with recommendation of Des Plaines Plan Commission and Zoning Board of Appeals re Case 91-22-SU to grant request for a Special Use to permit rental of vans equipped to carry handicapped persons in a C-2 Commercial District on property located at 2510 E. Dempster Street, and Ordinance Z-10-91 be placed on First Reading and adopted at appropriate time this evening. Motion declared carried. ZONING CASE 91-24-SU 1543 LEE ST.: OAKWOOD AVENUE SEPARATION STORM SEWER/CONTRACT AWARD: OAKWOOD AVENUE SEPARATION STORM SEWER/CONSTRUCTION ENGINEERING: 180 E. THACKER/ DESIGN ENGR.: POOL VARIATION/ 1365 VAN BUREN: PATIO VARIATION/ 650 BENDING CT.: 86. 8/5/91 PAGE TWO Moved by Sarlo, seconded by Healy, to adopt the recommendation of Municipal Development Committee to concur with recommendation of Des Plaines Plan Commission and Zoning Board of Appeals re Case 91-24-SU to grant request for Special Use to permit the operation of a Class B Restaurant in the C-3 Commercial District on property located at 1543 Lee Street, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Childers abstained. Moved by Chiropolos, seconded by Sarlo, to adopt the recommendation of Engineering Committee to award contract for Oakwood Avenue Separation Storm Sewer Improvements to low bidder, Joel Kennedy Corporation, 83 Ambrogo, Unit J, Gurnee, IL 60031, in the amount of $3,373,922/1988 Sewer Bond Account, and Resolution R-16-91 be adopted at appropriate time this evening. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: I-Christiansen Motion declared carried Moved by Chiropolos, seconded by Hardiman, to adopt recommendation of Engineering Committee to accept proposal from CRSS of Illinois, Inc., 8700 W. Bryn Mawr Avenue, Chicago, IL 60631, to provide construction supervision for Oakwood Avenue Separation Storm Sewer Improvements in the not-to-exceed amount of $335,000/ 1988 Sewer Bond Acount; Mayor and City Clerk be authorized to execute agreement, and Resolution R-17-91 be adopted at appropriate time this evening. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: I-Christiansen Motion declared carried Moved by Chiropolos, seconded by Hardiman, to adopt recommendation of Engineering Committee to accept proposal from Patrick Engineering, Inc., 346 Taft Avenue, Glen Ellyn, IL 60137, to perform Phase II engineering work (design, plans and specifications) to close and regrade the spent lime lagoons at 180 E. Thacker Street, in the not-to-exceed amount of $22,000/ 1987 Sewer Bond Account; Mayor and City Clerk be authorized to execute agreement, and Resolution R-18-91 be adopted at appropriate time this evening. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: I-Christiansen Motion declared carried Moved by Schneck, seconded by Hardiman, to adopt the recommendation of Building Code Committee to grant request to allow pool located 3-1/2' from property line which was installed without a permit to remain on property located at 1365 Van Buren Avenue; petitioner to be charged double permit fee and all bond money forfeited. Motion declared carried. Moved by Schneck, seconded by Hardiman, to adopt the recommendation of Building Code Committee to grant request for 500 sq. ft. patio 16' from foundation on property located at 650 Bending Court. Motion declared carried. r PATIO VARIATION/ 1031 LISMORE DR.: VARIATION BUILDING METHODS/ PHILLIPS 66 CENTRAL & WOLF: FENCE VARIATION/ 501 A N. FOURTH: FENCE VARIATION/ 585 JILL COURT: PATIO VARIATION/ 1051 LISMORE DR.: SALE BY AUCTION OF CITY-OWNED PROPERTY: 87. 8/5/91 PAGE THREE Moved by Schneck, seconded by Hardiman, to adopt the recommendation of Building Code Committee to grant request for 15' x 22-3/4' patio to begin 32" from foundation on property located at 1031 Lismore Drive. Motion declared carried. Moved by Schneck, seconded by Hardiman, to adopt the recommendation of Building Code Committee to grant request for a pre-f ab gas station on property located at 680 Wolf Road contingent upon a Illinois licensed plumber and electrician who are also licensed by the City are sent to Oklahoma to do the work on the building. Motion declared carried. Moved by Schneck, seconded by Hardiman, to adopt the recommendation of Building Code Committee to grant request for fence more than 3-1/2' high, less .than 70% open, l' north of sidewalk alonq Luau Drive side or property. at 501 A N. Fourth Avenue. Motion declared carried. Moved by Schneck, seconded by Hardiman, to adopt the recommendation of Building Code Committee to grant request for more than 3-1/2' high, less than 70% open fence, 3' east of sidewalk along Susan Drive and 45° angle off set at driveway on property located at 585 Jill Court. Motion declared carried. Moved by Schneck, seconded by Hardiman, to adopt the recommendation of Building Code Committee to grant request to allow a 700 sq. ft. patio, 17' from foundation on property located at 1051 Lismore Drive. Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt the recommendation of Public Works Committee that City auction off certain Public Works vehicles through the Northwest Municipal Conference and that Ordinance M-34-91 be adopted at appropriate time this evening. Motion declared carried. EMERGENCY REPAIR/ Moved by Childers, seconded by Sarlo, to adopt the ENDLOADER-BACKHOE: recommendation of Public Works Committee to ratify Purchase Order #67769 to P & W Industrial Sales, 1400 Rand Road, Des Plaines, IL in the amount of $6,115.28 for emergency repair to Water Department's endloader- backhoe. Upon roll call, the vote was: EMERGENCY REPAIR/ ENDLOADER: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt the recommendation of Public Works Committee to ratify Purchase Order #69519 to Howell Tractor & Equipment Company, 1901 E. Pratt Boulevard, Elk Grove, Il 60007, in the amount of $5,644.10 for emergency repair to Street Department's endloader. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: I-Christiansen Motion declared carried. INTERLOCAL AGREEMENT, HISTORICAL SOCIETY/PARK DISTRICT/CITY: GRANT FUNDS/ KEEP D.P. BEAUTIFUL: CLOSURE OF RECYCLING CENTER: CONVERT SIREN SYSTEM TO RADIO CONTROLLED: EXECUTIVE SESSION: 88. 8/5/91 PAGE FOUR Moved by Childers, seconded by Sarlo, to adopt the recommendation of Public Works Committee that Mayor and City Clerk be authorized to execute Inter- local Agreement between the Historical Society, Des Plaines Park District and the City for a period of three (3) years effective August 5, 1991. Upon roll cali, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt the recommendation of Public Works Committee that the City apply to the State of Illinois Department of Commerce and Community Affairs for match grant funding through the "Illinois Clean and Beautiful Program" in the amount of $8,490 for recycling education, and City Attorney be authorized to draft necessary resolution. Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt the recommendation of Public Works Committee that the City notify Maine Scrap Metal, Inc., 1274 Rand Road, Des Plaines, IL of its desire to close the Recycling Center at that location, notify residents through newsreleases, etc., and remove signage/containers from site; action to take place as soon as possible. AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Hardiman, seconded by Chiropolos,to adopt recommendation of Public Safety Committee to accept proposal from Braniff Communication, Inc., 14005-07 S. Kostner, Crestwood, IL 60445, to convert present warning siren system and alerting receivers from telephone activation system to radio controlled, in the amount of $53,609.80; cost to be shared 50/50 with the Federal Emergency Management Agency (FEMA) with City's portion not to exceed $27,000. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Haupt, seconded by Healy, to go into Executive Session to discuss pending litigation and land acquisition. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Council recessed at 9:33 p.m. Council reconvened at 10:30 p.m. Roll call indicated the following aldermen present: Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. LEGAL DEPT. QUARTERLY REPORT: EXECUTIVE SESSION MINUTES: ORDINANCE M-28-91 ABOVE-GROUND STORAGE: ORDINANCE M-29-91 AMENDMENTS RE 9-1-1: ORDINANCE M-30-91 PORTION OF DEVON AVENUE: ORDINANCE M-31-91 WOLF ROAD IMPROVEMENTS: ORDINANCE M-32-91 WOLF ROAD IMPROVEMENTS: ORDINANCE M-33-91 COMM. HEALTH ADV. COMM.: 89. 8/5/91 PAGE FIVE Moved by Haupt, seconded by Healy, to adopt the recommendation of License & Judicial Committee to accept Legal Department's Quarterly Report with the recommendation that in the future all outside attorneys include all fees paid to date on their bills for each matter. Motion declared carried. Moved by Healy, seconded by Chiropolos, to approve Executive Session minutes of May 20, 1991. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance M-28-91, AN ORDINANCE GRANTING A VARIATION TO SECTION 7-2-42 OF TITLE VII ("MAXIMUM ALLOWABLE ABOVE-GROUND STORAGE OUTSIDE OF BUILDINGS") OF THE CITY CODE OF DES PLAINES TO PERMIT TWO (2) ABOVE - GROUND FUEL STORAGE TANKS WITH A TOTAL CAPACITY OF 2,000 GALLONS OF GASOLINE AND DIESEL FUEL WHICH EXCEEDS THE MAXIMUM OF THIRTY (30) GALLONS ALLOWED, TO BE LOCATED THIRTY (30) FEET FROM ANY PROPERTY LINE WHICH IS LESS THAN THE MINIMUM REQUIREMENT OF FIFTY (50) FEET FOR PROPERTY COMMONLY KNOWN AS 300 SOUTH WESTERN AVENUE. Alderman Childers' motion that this ordinance be held on Second Reading for further review died for lack of a second. Upon roll call on the original motion, the vote was: AYES: 6-Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 1-Childers ABSENT: 1-Christiansen Motion declared carried. Moved by Hardiman, seconded by Sarlo, to adopt Ordinance M-29-91, AN ORDINANCE AMENDING CHAPTER 1, TITLE XII ("EMERGENCY TELEPHONE ANSWERING SYSTEM-911") OF THE CITY CODE OF DES PLAINES IN ITS ENTIRETY. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Placed on First Reading was Ordinance M-30-91, AN ORDINANCE AUTHORIZING THE JURISDICTIONAL TRANSFER OF DEVON AVENUE FROM HIGGINS ROAD TO DES PLAINES/RIVER ROAD FROM THE STATE OF ILLINOIS TO THE VILLAGE OF ROSEMONT. Placed on First Reading was Ordinance M-31-91, AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSTRUCTED AS A PART OF THE WOLF ROAD AT TOUHY AVENUE IMPROVEMENT. Placed on First Reading was Ordinance M-32-91, AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT-OF-WAY ALONG WOLF ROAD AT TOUHY AVENUE. Placed on First Reading was Ordinance M-33-91, AN ORDINANCE AMENDING SECTION 2-1-1 OF CHAPTER 1, TITLE II ("COMMUNITY HEALTH ADVISORY COMMISSION") OF THE CITY CODE OF DES PLAINES. ORDINANCE M-34-91 SALE OF CITY PROPERTY: ORDINANCE Z-10-91 SPECIAL USE/ 2510 DEMPSTER: RESOLUTION R-14-91 WOLF ROAD IMPROVEMENTS: RESOLUTION R-15-91 WOLF ROAD IMPROVEMENTS: RESOLUTION R-16-91 OAKWOOD AVENUE STORM SEWER: RESOLUTION R-17-91 OAKWOOD AVENUE STORM SEWER: RESOLUTION R-18-91 180 E. THACKER: ZONING CASE 91-28-V 60 E. FLETCHER: 90. 8/5/91 PAGE SIX Moved by Childers, seconded by Sarlo, to waive First Reading and place on passage Ordinance M-34-91. Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt Ordinance M-34-91, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Sarlo, seconded by Childers, to waive First Reading and place on passage Ordinance Z-10-91. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt Ordinance Z-10-91, AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO SECTION 8.1 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE RENTAL OF VANS EQUIPPED TO CARRY HANDICAPPED PERSONS IN A C-2 COMMERCIAL DISTRICT ON PROPERTY COMMONLY KNOWN AS 2510 EAST DEMPSTER STREET (91-22-SU). Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to adopt Resolution R-14-91, A RESOLUTION OF THE CITY OF DES PLAINES APPROPRIATING SUFFICIENT FUNDS TO PAY ITS SHARE OF THE COSTS OF THE PERMANENT IMPROVEMENT OF WOLF ROAD AT TOUHY AVENUE. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to adopt Resolution R-15-91, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO AN AGREEMENT WITH THE STATE OF ILLINOIS FOR THE IMPROVEMENT OF WOLF ROAD AT TOUHY AVENUE KNOWN AS STATE SECTION: 3035 WRS-90, CITY SECTION 91-00163-00-CH. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to adopt Resolution R-16-91, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO AN AGREEMENT WITH JOEL KENNEDY CORP. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to adopt Resolution R-17-91, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO AN AGREEMENT WITH CRSS OF ILLINOIS, INC. FOR PROFESSIONAL SERVICES. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to adopt Resolution R-18-91, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO AN AGREEMENT WITH PATRICK ENGINEERING, INC. Motion declared carried. Letter from Des Plaines Zoning Board of Appeals re Case 91-28 -V, 60 E. Fletcher, was referred to the Municipal Development Committee. ZONING CASE 91-29-A TEXT AMEND. : ADVERTISING FOR BIDS: REAPPOINTMENTS: ADJOURNMENT: DAY OF 8/5/91 PAGE SEVEN Letter from Des Plaines Zoning Board of Appeals re Case 91-29 -A, Text Amendment re Above-Ground Storage Tanks was referred to the Municipal Development Committee. The City Clerk's office will be advertising for bids for one (1) Hazardous Material Emergency Response Truck and Trailer, returnable by 3:00 p.m. on Wednesday, September 11, 1991. Letter from Mayor Albrecht re reappointment of Don Essig and Frank Stryczek to the Civil Service Commission will come before the Council on August 19, 1991. Moved by Sarlo, seconded by Healy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:47 p.m.