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090892253. 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, TUESDAY, SEPTEMBER 8, 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 9:10 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, September 8, 1992. ROLL CALL: Roll call indicated the following aldermen present: Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo. Aldermen Chiropolos and Haupt were absent. Also present were: City Treasurer Fredricks, Acting City Manager/Police Chief Storm, Assistant Comptroller Placko, Deputy Fire Chief Albrecht, Public Works Administrative Assistant Tozzo, 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: RATIFYING HOME CONSOR. AGREEMENT: HEALTH INSURANCE MEETING: BID AWARD/ UNDERGROUND TANK: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Moved by Sarlo, seconded by Healy, to approve minutes of regular meeting of the City Council held August 17, 1992, as published. Motion declared carried. Moved by Healy, seconded by Sarlo, to approve minutes of Executive Session of the City Council held August 17, 1992. Motion declared carried. Moved by Schneck, seconded by Healy, to approve minutes of Special meeting of the City Council held August 24, 1992, as published. 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: $1,786,281.15. Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo • NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. Moved by Schneck, seconded by Sarlo, to adopt the recommendation of Finance Cammi ttee that City ratify prior execution of the amended HOME Consortium Agreement with Cook County (R-9-92 and R-10-92 adopted on February 18, 1992 and amended signature sheet signed on May 8, 1992), and Resolution R-46-92 be adopted at appropriate time this evening. Motion declared carried. Moved by Schneck, seconded by Sar lo, to adopt recommendation of Finance Committee that the Administration meet with representatives of the Public Works and Fire unions regarding proposed new health insurance program, and a Committee of the Whole meeting be held Monday, September 14, 1992 at 7:00 p.m. to discuss Employee-Retiree Health Insurance with Interim City Attorney Delort and City's health insurance consultant in attendance. Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt the recommendation of Public Works Committee that contract for removal of the underground waste oil tank at 1274 Rand Road be awarded to the low bidder, Peter J. Hartmann Company, 2440 S. Wolf Road, Des Plaines, in the amount of $1, 300, and bid bonds/checks be returned to I unsuccessful bidders. Upon roll call, the vote was: ~' - J TANK (Cont'd.) ZONING CASE 92-23-SU 1825 MINER: ZONING CASE 92-31-SU-V 1560 LEE: PRIVATE SEC. INFLOW-INFIL. ELIMINATION: COMM. EDISON FRANCHISE AGREEMENT: 254. 9/8/92 PAGE TWO AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt the recommendation of Municipal Development Cammi ttee to concur with recommendation of Des Plaines Plan Commission and Zoning Board of Appeals re Case 92-23-SU to grant request for Special Use to permit a day school for intellectually gifted and artistically talented children between the ages of 4 and 15 on property located at 1825 Miner Street in M-2 General Manufacturing Zoning District, and Interim City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt the recommendation of Municipal Development Committee to concur with recommendation of Des Plaines Plan Commission and Zoning Board of Appeals re Case 92-31-SU-V to grant request for Special Use to permit construction of a restaurant drive-thru facility, and grant request for variation to permit 38 parking spaces instead of the required 44 spaces on property located at 1560 Lee Street in C-2 General Commercial Zoning District, and Interim City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Christiansen, seconded by Hardiman, to adopt the recommendation of Engineering Committee that the City take the following action as 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: 1. Authorize staff to mail violation notices (3,331). 2. Provide 20% rebate on all rework over $500; funds to come from re-authorizing a portion of bond proceeds from 1990 and 1991 General Obligation Bond issues and Resolution R-45-92 be adopted at appropriate time this evening. 3. Authorize staff to hire two temporary plumbing inspectors to assist in inspections for an approximate cost of $38,000. Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. Moved by Christiansen, seconded by Hardiman, to adopt the recommendation of Engineering Committee that City enter into new standard 50-year agreement with Commonwealth Edison Company which includes the provision that Commonwealth Edison will pay all traffic signal electrical energy costs within the City in addition to the $318,000 Commonwealth Edison is currently providing free for all City public buildings' electrical energy, and Ordinance M-43-92 be placed on First Reading at appropriate time this evening. Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. -==============,_,,:=-------------------------------------------=-=-------------------~~~- ~' PUBLIC SAFETY AGENDA ITEMS: BIDS/FIRE PUMPER: PURCHASE/ SURVEILLANCE EQUIPMENT: REFERRAL PHYSICIAN/ BD. OF FIRE & POLICE: CONSENT AGENDA: ORDINANCE M-34-92 APPROVING AMEND. TIF: 255. 9/8/92 PAGE THREE Moved by Hardiman, seconded by Healy, to discharge the following items as listed on agenda for Public Safety Committee meeting which was to have been held September 8' 1992 1. Bids/Fire Pumper 2. Purchase of Surveillance Equipment 3. Medical Consultant/Bd. of Fire & Police Commissioners Motion declared carried. Moved by Hardiman, seconded by Healy, to accept report from Public Safety Committee to award bid for one (1) Custom Built Heavy Duty 1500 GPM Fire Engine/Pumper to lowest bidder, W. s. Darley & Company, 2000 Anson Drive, Melrose Park, IL 60i60, in the amount of $186,795 ($98,473 for the chassis to be paid in 1992 and $88,322 to be paid upon delivery in 1993), and bid bonds/checks be returned to unsuccessful bidders. Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. Moved by Hardiman, seconded by Healy, to accept report from Public Safety Committee to accept proposal from PacTel Teletrac System, Inc., 1725 Winnetka Circle, Rolling Meadows, IL 60008, for purchase of a PacTel Teletrac Vehicle Location System in the amount of $10, 700/budgeted funds, and usual bid procedures be waived. Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. Moved by Hardiman, seconded by Healy, to accept report from Public Safety Committee that Interim City Attorney be authorized to research whether it would be in the best interest of the City to use a contract, resolution or ordinance to retain Dr. Stanley Zydlo as a referral physician for the Board of Fire and Police Commissioners when it needs a second opinion, and prepare a draft for approval at the next City Council meeting. Motion declared carried. Moved by Schneck, seconded by Healy, that Items 5 through 8 under UNFINISHED BUSINESS, and Items 1 through 8 under NEW BUSINESS, on City Council Agenda this evening be approved by one consent vote; the ordinances under UNFINISHED BUSINESS will be adopted, the ordinances under NEW BUSINESS will be placed on First Reading and the resolutions will be adopted. Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. (Since this ordinance has been substantially changed from the one placed on First Reading on August 17, 1992, it is now considered on First Reading.) Moved by Childers, seconded by Healy, to waive First Reading and place on passage Ordinance M-34-92. Motion declared carried. Moved by Healy, seconded by Schneck, to adopt Ordinance M-34-92, AN ORDINANCE APPROVING AND ADOPTING THE CITY OF DES PLAINES, ILLINOIS SECOND AMENDED TAX INCREMENT REDEVELOPMENT PROJECT AREA REDEVELOPMENT PLAN AND PROJECT. Upon roll call, the vote was: ~I M-34-92 (Cont'd.) ORDINANCE M-35-92 DESIGNATING TIF AREA: ORDINANCE M-36-92 ADOPTING TIF FINANCING: DATE INSERT/ TIF ORDINANCES: ORDINANCE M-37-92 REVISION/ FIRE & POL. BOARD: ORDINANCE M-38-92 AGREEMENT/ COOK CTY.: consent Agenda 256. 9/8/92 PAGE FOUR AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. (Since this ordinance has been substantially changed from the one placed on First Reading on August 17, 1992, it is now considered on First Reading.) Moved by Healy, seconded by Schneck, to waive First Reading and place on passage Ordinance M-35-92. Motion declared carried. Moved by Healy, seconded by Schneck, to adopt Ordinance M-35-92, AN ORDINANCE DESIGNATING THE CITY OF DES PLAINES, ILLINOIS, SECOND AMENDED TAX INCREMENT REDEVELOPMENT PROJECT AREA. Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. (Since this ordinance has been substantially changed from the one placed on First Reading on August 17, 1992, it is now considered on First Reading.) Moved by Healy, seconded by Schneck, to waive First Reading and place on passage Ordinance M-36-92. Motion declared carried. Moved by Healy, seconded by Schneck, to adopt Ordinance M-36-92, AN ORDINANCE ADOPTING TAX INCREMENT FINANCING FOR THE CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. Moved by Schneck, seconded by Healy, that City Clerk be authorized to insert the date of September 8, 1992, or appropriate date, in the blank spaces within Ordinance M-34-92, M-35-92 and M-36-92. Motion declared carried. Moved by Healy, seconded by Sarlo to adopt Ordinance M- 37-92, AN ORDINANCE AMENDING CHAPTER 9, ("BOARD OF POLICE AND FIRE COMMISSIONERS") , TITLE II ("COMMISSIONS AND BOARDS") OF THE CITY CODE OF DES PLAINES IN ITS ENTIRETY. Upon roll call, the vote was: AYES: 5-Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 1-Childers ABSENT: 2-Chiropolos, Haupt Motion declared carried. Moved by Schneck, seconded by Healy, to adopt Ordinance M-38-92, AN ORDINANCE IMPLEMENTING AN INDEMNIFICATION AGREEMENT WITH THE COUNTY OF COOK IN LIEU OF INSURANCE AND SURETY BOND REQUIRMENTS. Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. 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 M-41-92 FLOOD PLAIN VAR./66 JOSEPHINE: consent Agenda ORDINANCE M-42-92 LIQ. LIC.: Consent Agenda ORDINANCE M-43-92 FRANCHISE AGREEMENT/ COMM. ED.: Consent Agenda ORDINANCE T-14-92 RESTRICTION/ FOREST AVE.: Consent Agenda ORDINANCE Z-10-92 TEXT AMEND. RE DAY SCHOOLS: Consent Agenda 257. 9/8/92 PAGE FIVE Moved by Schneck, seconded by Healy, to adopt 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. Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. Moved by Schneck, seconded by Healy, to adopt 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." Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. Moved by Schneck, seconded by Healy, to adopt 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." Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. Placed on First Reading was Ordinance M-41-92, AN ORDINANCE GRANTING A FLOOD PLAIN VARIATION TO SECTION 9- 14-9 ( C) (1) (a) OF THE CITY CODE OF DES PLAINES, TO PERMIT THE CONSTRUCTION OF A SINGLE FAMILY HOME WITH A BASEMENT IN THE FLOOD PLAIN, FOR THE PROPERTY COMMONLY KNOWN AS 66 JOSEPHINE COURT, IN R-2 SINGLE FAMILY RESIDENCE ZONING DISTRICT. Placed on First Reading was Ordinance M-42-92, 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-43-92, AN ORDINANCE AUTHORIZING COMMONWEALTH EDISON COMPANY TO USE THE PUBLIC WAYS AND OTHER PUBLIC PROPERTY IN CONJUNCTION WITH ITS CONSTRUCTION, OPERATION AND MAINTENANCE OF AN ELECTRIC SYSTEM IN AND THROUGH THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. Placed on First Reading was Ordinance T-14-92, AN ORDINANCE AMENDING SECTION 10-6-16(D) OF THE CITY CODE OF DES PLAINES, TO ADD "FOREST AVENUE, FROM WHITE STREET TO RIVER ROAD." Placed on First Reading was Ordinance Z-10-92, AN ORDINANCE AMENDING ARTICLE 4, SECTION 4.2.2. "USE REGULATIONS" OF THE CITY OF DES PLAINES ZONING ORDINANCE BY ADDING THERETO SUBPARAGRAPH 4.2.2.13.1 PROVIDING FOR DAY SCHOOLS, AS A SPECIAL USE ONLY (CASE NO. 92-22-A). RESOLUTION R-44-92 STATE MANDATES consent Agenda RESOLUTION R-45-92 1990 ' 1991 GO BONDS: Consent Agenda RESOLUTION R-46-92 HOME CONSOR. AGREEMENT: consent Agenda ZONING CASE 92-32-V 206 DRAKE: ADVERTISING FOR BIDS: APPOINTMENTS/ REAPPOINT.: EXECUTIVE SESSION: RETAIN PROFESSIONAL SERVICES: 258. 9/8/92 PAGE SIX Moved by Schneck, seconded by Healy, to adopt Resolution R-44-92, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, REGARDING THE STATE MANDATES REFERENDUM ACT. Motion declared carried. Moved by Schneck, seconded by Healy, to adopt Resolution R-45-92, A RESOLUTION RE-AUTHORIZING A PORTION OF BOND PROCEEDS FROM THE 1990 AND 1991 GENERAL OBLIGATION BOND ISSUES. Motion declared carried. Moved by Schneck, seconded by Healy, to adopt Resolution R-46-92, A RESOLUTION RATIFYING THE PRIOR EXECUTION OF THE AMENDED HOME CONSORTIUM AGREEMENT WITH COOK COUNTY. Motion d~clared carried. Letter from Des Plaines Zoning Board of Appeals re Case 92-32-V, 206 Drake Lane (Bruce & Diane Johnsen) was referred to the Municipal Development Committee. The City Clerk's office will be advertising for bids for Preventive Maintenance of Heating & Air Conditioning, returnable by 3:00 p.m. on Thursday, September 17, 1992. Letters from Mayor Albrecht regarding the following appointments/reappointments will come before the Council on September 21, 1992. Architectural Commission Reappointments Bill Muehlenbeck Lee Farren Economic Development Commission Reappointment Ralph Martin Civil Service Commission Appointment Charles W. Van Hyning Moved by Healy, seconded by Schneck, to go into Executive Session to discuss employment of an employee, potential litigation and collective bargaining. Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. Council recessed at 9:50 p.m. Council reconvened at 10:43 p.m. Roll call indicated the following aldemen present: Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo. Moved by Healy, seconded by Sarlo, that the Administration be authorized to secure professional scientific expert consulting services in an amount not- to-exceed $20,000 to protect the City's interest with respect to potential serious litigation. Upon roll call, the vote was: AYES: 6-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo NAYS: 0-None ABSENT: 2-Chiropolos, Haupt Motion declared carried. ADJOURNMENT: 259. 9/8/92 PAGE SEVEN Moved by Childers, seconded by Sarlo, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:44 p.m. ~ . <-~ oonnaMCAliiter, CMC / AAE -CITY CLERK APPROVED BY ME THIS