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081792r - 243. 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 17, 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 8:08 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 17, 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, Public Works Commissioner Matula, Fire Chief Clark, Police Chief Storm, Community Development Director Pagones, City Engineer Oakley, Human Resources and Services Department Director Panouses, Public Safety Communications Coordinator Ornberg, and Interim City Attorney Delort. PRAYER AND PLEDGE: MINUTES: BILLS PAYABLE: OMITTED SERVICE RESOLUTION (IMRF): COPY COST/ REFERENDUM PETITIONS: WELLER CREEK SUB- DIVISION: 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 August 3, 1992, as published. Motion declared carried. Moved by Sarlo, seconded by Schneck, to approve minutes of Executive Session of the City Council held August 3, 1992. 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: $2,224,903.92. 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 Finance Committee that omitted service credit be issued to Charles Busser for participation in the Illinois Municipal Retirement Fund (IMRF), at no cost to the City, however, he must pay his portion of the pension contribution for the one month of omitted service, and Resolution R-41-92 be adopted at appropriate time this evening. Motion declared carried. Moved by Sarlo, seconded by Childers that copies of referendum petitions regarding staggered terms for aldermen (filed with the City Clerk on August 4, 1992 for the November 3, 1992 ballot) be provided to the aldermen at no charge. 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 Sar lo, seconded by Childers, to adopt the recommendation of Municipal Development Committee to grant request for Flood Plain Variation to permit construction of a single family home with a basement in the flood plain for property located on Lot 13, Weller Creek Subdivision, 66 Josephine Court, suL~cct to petitione~ securing a map amendment, and InteLim City Attorney be authorized to draft necessary ordinance. Motion declared carried. ~I =-_J ZONING CASE 92-22-A TEXT AMEND. RE DAY SCHOOLS: SURETY/ KENNEDY'S RESUBDIV.: CARPET CLEANING: PRIVATE SEC. INFLOW-INFIL. ELIMINATION: PARKING PAD VARIATION/ 1323 PROSPECT: FENCE VARIATION/ 2777 s. MANNHEIM: PATIO VARIATION/ 691 WATERFORD: 244. PAGE TWO Moved by Sarlo, seconded by Childers, to adopt the recommendation of Municipal Development Cammi ttee to grant request for Text Amendment to permit day schools for intellectually gifted and artistically talented children between the ages of four (4) through fifteen ( 15) in C-2 General Commercial Districts as a Special Use only, and Interim City Attorney be autorized to draft necessary ordinance. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt the recommendation of Municipal Development Committee to accept public improvements of lot regrading for Kennedy's Resubdivision, Wolf and Central Roads, and Surety Bond be reduced by the amount of $8,125. 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 Haupt, to adopt the recommendation of Public Works Committee to award bid for semi-annual cleaning of carpets in the civic Center to the low bidder, Executive Cleaning, Inc., 333 W. Irving Park Road, Roselle, IL 60172, in the total amount of $2,595.88 with no additional requested services; and to award bid for purchase of one (1) new Carpet Extractor (Paragon model) to the low bidder, Diamond Paint Company, Inc., 1795 Oakton Street, Des Plaines, in the amount of $1.051 (extractor to be used by regular straight time personnel with no overtime). Upon roll call, the vote was: AYES: NAYS: 8-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt 0-None ABSENT: 0-None Motion declared carried. Moved by Chiropolos, seconded by Hardiman, to adopt the recommendation of Committee of the Whole that since the City is mandated by the Illinois Environmental Protection Agency and the Metropolitan Water Reclamation District of Greater Chicago to eliminate cost effective sources of stormwater inflow and infiltration from private properties located within separate sewered areas of the City, the City prepare notices to be send to property owners where illegal infiltration sources have been identified; staff prepare financial aid program to provide rebates to property owners; and provide for required additional part-time inspectors. Motion declared carried. Moved by Christiansen, seconded by Schneck, to adopt the recommendation of Building Code Committee to grant request for a 16' x 24 '5" parking pad on property located at 1323 Prospect Avenue. Motion declared carried. Moved by Christiansen, seconded by Schneck, to adopt the recommendation of Building Code Committee to grant request to install bushes along the east property line of property located at 2777 s. Mannheim Road with a minimum height of 3', instead of an 8' solid wood fence. Motion declared carried. Moved by Christiansen, seconded by Schneck, to adopt the recommendation of Building Code Committee to grant request for an oversized patio, 30' x 19'5" or 508 sq. ft., on property located at 691 Waterford Drive. Motion declared carried. ~1r ====="'=========--=--========,,__--------------------------------------------~~~~~~~~~~ LIQ. LIC./ 1065 OAKTON: LIQ. LIC./ 1992 RIVER: ASSIGNMENTS/ FORMER CITY ATTORNEY: LEGAL DEPT. QUARTERLY REPORT: HEEREY VS. CITY: SETTLEMENT AUTHORITY: FILING OF LEGAL MONTHLY REPORTS: TRAFFIC/ FOREST & ORCHARD: 245. 8/17/92 PAGE THREE Moved by Haupt, seconded by Healy, to adopt the recommendation of License & Judicial Committee to grant request for a change from Class E to Class H (beer and wine only) Liquor License for property located at 1065 E. Oakton Street, d/b/a Perry's Cafe and Pizzeria, and Interim City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Haupt, seconded by Healy, to adopt the recommendation of License & Judicial Committee to grant request for Class E Liquor License for property located at 1992 River Road, d/b/a/ Ching Hua's Restaurant, contingent upon verification of fingerprints, and Interim City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Haupt, seconded by Childers, to adopt the recommendation of License & Judicial Committee that all legal assignments currently referred to Rosenthal, Murphey, Coblentz & Janega, 30 N. LaSalle Street, Chicago, IL 60602, where former City Attorney Judy Kolman is an associate, be immediately reassigned to City's corporate law firm, Odelson & Sterk, Ltd. Moved by Healy, seconded by Schneck, to adopt substitute motion to continue to retain former City Attorney Judy Kolman to handle 9-1-1 and CCPA negotiations until completed, and all other legal assignments be referred to Odelson & Sterk, Ltd. Upon roll call, the vote was: AYES: 5-Christiansen, Healy, Schneck, Hardiman, Chiropolos NAYS: 3-Childers, Sarlo, Haupt ABSENT: 0-None Motion declared carried. Moved by Haupt, seconded by Healy, to adopt the recommendation of License & Judicial Committee to accept Legal Department's Quarterly Report as presented. Motion declared carried. Moved by Haupt, seconded by Healy, to adopt the recommendation of License & Judicial Committee that no settlement authority be granted and case proceed on its merits. Motion declared carried. Moved by Haupt, seconded by Healy, to adopt the recommendation of License & Judicial Committee that legal counsel be authorized to settle workmen's compensation case up to $16,500, as discussed in executive session of committee meeting. 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 Healy, that corporate counsel, Odelson & Sterk, Ltd., be excused from filing monthly reports with City Attorney as required by City ordinance as long as Interim City Attorney Delort serves in that position. Motion declared carried. Moved by Hardiman, seconded by Chiropolos, to adopt the recommendation of Public Safety Committee to deny request for stop signs at the intersection of Forest Avenue and Orchard Street, but that "Children At Play" signs be installed. FOREST & ORCHARD (Cont'd.) PURCHASE/ RESCUE EQP. : PURCHASE BREATHING EQUIPMENT: 180 THACKER/ SITE IMPROV. : 180 THACKER/ CONSTRUCTION ENGINEERING: ADA COMPL. & GRIEVANCE FORM: 246. 8/17/92 PAGE FOUR Moved by Christiansen, seconded by Sarlo, to adopt substitute motion that 25 MPH speed limit be approved on Forest Avenue between White Street and River Road; "Children At Play" signs be installed in this area; and Interim City Attorney be authorized to draft necessary ordinance. Motion declared carried. Aldermen Hardiman and Chiropolos voted no. Moved by Hardiman, seconded by Chiropolos, to adopt the recommendation of Public Safety Cammi ttee to accept proposal for purchase of one (1) Hydraulic Rescue Ram #2005, one (1) Hydraulic Rescue Ram #2006, one (1) Manual Foot Pump, and one (1) Chain Pulling Package from D & R Rescue Equipment, Inc., P.O. Box 1144, Lake Zurich, IL 60047, in the amount of $5,375; Purchase Order #75236 be ratified; and usual bid procedures be waived. 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 Chiropolos, to adopt the recommendation of Public Safety Committee to accept proposal for purchase of four ( 4) Draeger PA-80 SCBA Units, twelve (12) Draeger 30-Minute Cylinders, three (3) Draeger SCBA Face Pieces and ten (10) Draeger Cylinder Straps from National Draeger, Inc., P.O. Box 120, Pittsburgh, PA 15230, in the amount of $12,805.30; Purchase Order #75237 be ratified; and usual bid procedures be waived. 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 Hardiman, to adopt the recommendation of Engineering Committee to award bid for 180 E. Thacker Street Site Grading Improvements to lowest bidder, Plate, Inc., 1100 Brandt Drive, Elgin, IL 60120, in the amount of $498,000/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 Hardiman, to adopt the recommendation of Engineering Committee to accept proposal from Patrick Engineering, Inc., 346 Taft Avenue, Glen Ellyn, IL 60137, to perform construction engineering services on the 180 E. Thacker Street Site Grading Improvements in the amount not-to-exceed $38,000/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 Healy, seconded by Chiropolos, to adopt the recommendation of Community Services Committee that the City comply with the Americans With Disabilities Act in the delivery of its services, programs, and activities; that the City adopt a Noncompliance Grievance Procedure; and Resolution R-42-92 be adopted at appropriate time this evening. Motion declared carried. MAYOR PRO TEM: CONSENT AGENDA: ORDINANCE M-31-92 GRAFFITI NUISANCES: Consent Agenda ORDINANCE M-32-92 DUTIES OF FIRE CHIEF: Consent Agenda ORDINANCE M-33-92 NON-CONTRACT EMPLOYEES COMP. PLAN: Consent Agenda CONSENT AGENDA: ORDINANCE M-34-92 APPROVING AMEND. TIF: Consent Agenda PAGE FIVE 247. 8/17/92 Moved by Healy, seconded by Schneck, that Alderman Chiropolos be elected Mayor Pro Tern for the remainder of the meeting in the absence of Mayor Albrecht. Motion declared carried. Mayor Albrecht left the meeting at 9: 15 p. m. and Alderman Chiropolos assumed the Chair. Moved by Healy, seconded by Schneck, that the ordinances under UNFINISHED BUSINESS, Items 1 through 3, on the City Council Agenda this evening, be adopted 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 Healy, seconded by Schneck, to adopt Ordinance M-31-92, AN ORDINANCE AMENDING SECTION 6-1-41 OF THE CITY CODE OF DES PLAINES, REGARDING GRAFFITI NUISANCES. 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 Schneck, to adopt Ordinance M-32-92, AN ORDINANCE AMENDING SECTION 3-2-4 "DUTIES OF THE FIRE CHIEF," OF CHAPTER 2 "FIRE DEPARTMENT," OF TITLE III OF THE CITY CODE OF DES PLAINES, BY ADDING THERETO A NEW SUBSECTION (Q). 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 Schneck, to adopt Ordinance M-33-92, AN ORDINANCE AMENDING SCHEDULES I-A, II-A, III, IV, V, AND VI-A OF SECTION 1-15-4(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, 1992 TO APRIL 30, 1993. 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 Childers, that Items 1 through 8 and Items 10 through 12 under NEW BUSINESS on the City Council Agenda this evening be approved by one consent vote; the ordinances will be placed on First Reading and the resolutions will be adopted. 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-34-92, AN ORDINANCE APPROVING THE CITY OF DES PLAINES, ILLINOIS, SECOND AMENDED TAX INCREMENT REDEVELOPMENT PROJECT AREA REDEVELOPMENT PLAN AND PROJECT. ORDINANCE M-35-92 DESIGNATING TIF AREA: Consent Agenda ORDINANCE M-36-92 ADOPTING TIF FINANCING: Consent Agenda ORDINANCE M-37-92 REVISION/ FIRE & POL. BOARD: consent Agenda ORDINANCE M-38-92 AGREEMENT/ COOK CTY: consent Agenda ORDINANCE M-39-92 LIQ. LIC./ 625 SEEGERS: Consent Agenda ORDINANCE M-40-92 ENFORCE. ON PRIV. PROP. : Consent Agenda ORDINANCE T-15-92 PARKING/ WAYNE DR.: Consent Agenda ORDINANCE Z-9-92 SPEC. USE/ 1169 LEE: RESOLUTION R-39-92/ PERMIT/ TOLL HWY.: Consent Agenda 248. 8/17/92 PAGE SIX Placed on First Reading was Ordinance M-35-92, AN ORDINANCE DESIGNATING THE CITY OF DES PLAINES SECOND AMENDED TAX INCREMENT REDEVELOPMENT PROJECT AREA. Placed on First Reading was Ordinance M-36-92, AN ORDINANCE ADOPTING SECOND AMENDED TAX INCREMENT FINANCING FOR THE CITY OF DES PLAINES, ILLINOIS. Placed on First Reading was Ordinance M-37-92, AN ORDINANCE AMENDING CHAPTER 9 ("BOARD OF FIRE AND POLICE COMMISSIONERS"), TITLE II ("COMMISSIONS AND BOARDS") OF THE CITY CODE OF DES PLAINES IN ITS ENTIRETY. Placed on First Reading was Ordinance M-38-92, AN ORDINANCE IMPLEMENTING AN INDEMNIFICATION AGREEMENT WITH THE COUNTY OF COOK IN LIEU OF INSURANCE AND SURETY BOND REQUIREMENTS. Placed on First Reading was Ordinance M-39-92, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO UPDATE THE NUMBER OF LICENSES ISSUED. Placed on First Reading was Ordinance M-40-92, AN ORDINANCE AMENDING CHAPTER 13, TITLE X OF THE CITY CODE OF DES PLAINES, BY ADDING THERETO A NEW SECTION 10-13-6 "AGREEMENTS FOR ENFORCEMENT OF STATE LAWS ON PRIVATE PROPERTY." Placed on First Reading was Ordinance T-15-92, AN ORDINANCE AMENDING SECTION 10-5-5(G) OF THE CITY CODE OF DES PLAINES TO DELETE "WAYNE DRIVE, 1216 WAYNE DRIVE TO 1248 WAYNE, NORTH SIDE OF STREET." Moved by Christiansen, seconded by Healy, to waive First Reading and place on passage Ordinance Z-9-92. Motion declared carried. Moved by Christiansen, seconded by Healy, to adopt Ordinance Z-9-92, AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE OPERATION OF A CLASS B RESTAURANT (DOMINO 1 S PIZZA) TO BE LOCATED IN A C-2 COMMERCIAL DISTRICT ON PROPERTY COMMONLY KNOWN AS 1169 SOUTH LEE STREET (92-24-SU). Upon roll call, the vote was: AYES: NAYS: 8-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt 0-None ABSENT: 0-None Motion declared carried. Moved by Healy, seconded by Childers, to adopt Resolution R-39-92, A RESOLUTION AUTHORIZING THE EXECUTION OF THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY APPLICATION FOR PERMIT TO USE TOLL HIGHWAY RIGHT OF WAY. Motion declared carried. RESOLUTION R-40-92 AGREEMENT/ JONES CHGO. : Consent Agenda RESOLUTION R-41-92 OMITTED IMRF SERVICE: Consent Agenda RESOLUTION R-42-92 ADA COMPL. & GRIEV. FORM: Consent Agenda ZONING CASE 92-23-SU 1825 MINER: ZONING CASE 92-31-SU 1560 Lee: REDISTRICT. OF CITY: REVIEW RESUMES/ CITY MGR.: EXECUTIVE SESSION: EXECUTIVE SESSION MINUTES & ACTION: 249. 8/17/92 PAGE SEVEN Moved by Healy, seconded by Childers, to adopt Resolution R-40-92, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO A LICENSE AGREEMENT WITH JONES CHICAGO LIGHTWAVE COMPANY. Motion declared carried. Moved by Healy, seconded by Childers, to adopt Resolution R-41-92, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING PAYMENT OF OMITTED IMRF SERVICE EMPLOYER CONTRIBUTIONS FOR CHARLES BUSSER. Motion declared carried. Moved by Healy, seconded by Childers, to adopt Resolution R-42-92, A RESOLUTION REGARDING COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. Motion declared carried. Letters from Des Plaines Plan Commission and Zoning Board of Appeals re Case 92-23-SU, 1825 Miner Street (Helene Bartz), was referred to the Municipal Development Committee. Letters from Des Plaines Plan Commission and Zoning Board of Appeals re Case 92-31-SU, 1560 Lee Street (R.B. Skokie Corp.) was referred to the Municipal Development Committee. Moved by Healy, seconded by Schneck, that the City Clerk be authorized to prepare a preliminary redistricting map of the City and its eight Wards based on current Federal guidelines and report back to the Council for consideration and review by the second or third week in September, 1992. Motion declared carried. Moved by Childers, seconded by Healy, that a Committee of Whole meeting be held on Wednesday, September 2, 1992 immediately following the Building Code Committee meeting to review the resumes for the position of City Manager. Motion declared carried. Moved by Healy, seconded by Sarlo, to go into Executive Session to discuss collective bargaining, pending litigation and potential litigation. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos NAYS: 1-Haupt ABSENT: 0-None Motion declared carried. Council recessed at 9:50 p.m. Council reconvened at 10:10 p.m. Roll call indicated the following aldermen present: Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. Moved by Healy, seconded by Schneck, that Paragraph One of the Executive Session Minutes of June 15, 1992 be released for public review, and that Interim City Attorney be authorized to proceed with pending litigation as directed in the Executive Session. Alderman Haupt stated for the record that he was opposed to going into this Executive Session and was not in agreement with the consensus of the aldermen on the various matters discussed. Motion declared carried. Alderman Haupt voted no. ADJOURNMENT: 250. 8/17/92 PAGE EIGHT Moved by Healy, seconded by Sarlo, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:12 p.m. ~~ Donna McAllister, CMC/AAE ~TY CLERK 10 1992 ~u~ i5~ei AlbreCht, MAYO