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091691CALL TO ORDER: ROLL CALL: 108. 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, SEPTEMBER 16, 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 8:01 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, September 16, 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, Building & Code Enforcement Acting Director Moylan, City Engineer Oakley, Human Resources & Services Director Panouses, and City Attorney Kolman. PRAYER AND PLEDGE: MINUTES: BILLS PAYABLE: Def erred Item EXECUTIVE SESSION: The opening prayer was given by Pastor Gregory Ross, Immanuel Community Baptist Church, 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 September 3, 1991, as published. Motion declared carried. Moved by Schneck, seconded by Chiropolos, to approve minutes of special meeting of the City Council held September 6, 1991, as published. Correction: Third Paragraph, Line Two, should read: Tuesday, September 3, 1991. The minutes were held for further review. Moved by Sarlo, seconded by Haupt, to approve minutes of executive session of the City Council held September 3, 1991. Motion declared carried. Alderman Schneck called for a vote on the motion deferred at the City Council meeting of September 3, 1991, 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: $1,732,763.79. Moved by Sarlo, seconded by Chiropolos, to divide the question. Motion declared carried. Moved by Schneck, seconded by Chiropolos, to remove Warrant #930449 -Albrecht Enterprises, in the amount of $18,200 from the Register of Bills, and approve balance of $1,714,563.79. 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 Schneck, to approve payment of Warrant #930440 -Albrecht Enterprises, in the amount of $18,200. Moved by Sarlo, seconded by Hardiman, to go into Executive Session to discuss personnel. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. EXECUTIVE SESSION (Cont'd.) SPECIAL COMMITTEE: BILLS PAYABLE: 1991-92 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET: TIF BONDS/ PRIME PROJECT: 109. 9/16/91 PAGE TWO Council recessed at 8:21 p.m. Council reconvened at 9:31 p.m. Roll call indicated the following aldermen present: Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. Upon roll call on the motion to approve payment of Warrant #930440 -Albrecht Enterprises, in the amount of $18,200, the vote was: AYES: 5-Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: I-Childers ABSTAIN:l-Sarlo (no reason given) ABSENT: I-Christiansen Motion declared carried. As a result of what was discussed in the Executive Session, Mayor Albrecht announced the formation of a special committee as provided for under Section 1-6-4 of the City Code to review, investigate and prepare a written report regarding the Waste Options contract and the hauling of compost by Albrecht Enterprises for $18,200. The committee will be in effect for minimum of three months; committee to select their own chair- man; and operate with an initial budget of $2,000. Alderman Sarlo requested that the City Attorney provide the committee with a guideline of their responsibilities under the Illinois Open Meetings Act. 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: $1,572,516.39. 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 to approve the 1991-92 Community Development Block Grant Budget in the amount of $314,469, and authorize the Mayor to submit the grant application to HUD. 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 Schneck, seconded by Sarlo, to adopt the recommendation of Finance Committee to approve the issuance of Tax Increment Developer Revenue Bonds for the Prime Project (The Heritage of Des Plaines), 800 S. Des Plaines/River Road, in the maximum aggregate amount of $1,061,889, plus interest, and Ordinance M-40-91, as amended, be adopted at appropriate time this evening. Motion declared carried. WOLF ROAD- TOUHY AVE. INTERSEC. IMPROVEMENTS: DRIVEWAY VARIATION/ 175 INNER CIRCLE DR.: DRIVEWAY VARIATION/ 701 KYLEMORE: TRAILER PARKS: BUILDING CODE VARIATIONS/ PRIME PROJECT: USE OF BEHREL DECK: 110. 9/16/91 PAGE THREE Moved by Chiropolos, seconded by Hardiman, to adopt recommendation of Engineering Committee to accept revised alternate bid costs (Alternate A) from the Illinois Departmentof Transportation for oversized storm sewer, utility relocations and sidewalks within Wolf Road-Touhy Avenue intersection improvement as follows: $649,869.54 for storm sewer and $103,887.12 for utility and sidewalk work/Sewer Bond Account, and Mayor and City Clerk be authorized to execute necessary agreement, and Resolution R-25-91 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 for oversized driveway to measure 25' at the sidewalk and a curb flare of 31' on property located at 175 Inner Circle Drive. Motion declared carried. Moved by Schneck, seconded by Hardiman, to adopt the recommendation of Building Code Committee to grant request for circular drive for property located at 701 Kylemore Drive. Motion declared carried. Moved by Schneck, seconded by Hardiman, to adopt the recommendation of the Building Code Committee that before a trailer can be moved into a trailer park, the Fire Department and Building Code & Enforcement Department must meet with the owner of the park to make sure the trailer is placed on the appropriate sized lot. Motion declared carried. Moved by Schneck, seconded by Hardiman, to adopt the recommendation of Building Code Committee to grant request for variations to the Building Code for the Prime Project (The Heritage of Des Plaines), 800 S. Des Plaines/River Road, as follows: 1. Exception to Section 20,7-l(b) to allow unrated corridors at interior offices, 2. Exception to Section 20.7-l(b-5) to allow unrated safety glass separation between the rear corridor 142 and rear vestibule 147, 3. Exception to Section 3.5-3(b & c) to allow units as designed under the approved P.U.D. requirements, 4. Exception to Section 20.5-2(a) to eliminate requirement for exterior vertical floor to floor separations at areas of floor to ceiling glass, 5. General exception to requirements of A-2 Construc- tion requiring 3-hour vertical separation between mixed uses--no rating between varied uses of 1st floor and second floor public areas except as required for vertical shafts, corridors and exit ways, because building is fully sprinklered, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Childers, seconded by Sarlo, to allow a citizens' group to use the Behrel Parking Deck on Friday, September 27, 1991 from 6:00 -9:00 p.m for the purpose of a referendum rally; insurance will be provided; contact person is Jackie Sommerville, and necessary barricades be provided. Motion declared carried. CONDITION OF ALLEY/ GRACELAND AVE.: PURCHASING POLICIES: N.W. HIGHWAY BEAUTIFICATION/ PHASE II: CARPETING/ POLICE DEPT.: TRAFFIC SIGNALS/ WOLF & THACKER: COLOR PHOTO EQUIPMENT/ POLICE DEPT: 111. 9/16/91 PAGE FOUR Moved by Childers, seconded by Haupt, to adopt the recommendation of Public Works Committee to repair alley behind the north side of Graceland Avenue between Evergreen Avenue and Harding Avenue; work to be done by the Public Works Department within four weeks. Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt the recommendation of Public Works Committee that Administration review and update purchasing policies to include proper bid procedures, and report back to committee. Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt the recommendation of Public Works Committee not to expend approximately $36,000 to complete Phase II of the Northwest Highway Beautification Project at this time. Motion declared carried. Moved by Childers, seconded by Haupt, to adopt the recommendation of Public Works Committee to award contract for carpeting of entire Second Floor of Police Department to the lowest bidder, Scharm Carpets & Interiors, 1843 Oakton Street, Des Plaines, IL 60018, in the amount of $21,423.25. Upon roll call, the vote was: AYES: NAYS: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt the recommendation of Public Works Committee to award contract for traffic signal modernization project at Wolf Road and Thacker Street to low bidder, H & H Electric, 2830 Commerce Street, Franklin Park, IL 60131, in the amount of $94,384.05 plus $20,000 for sidewalk, median removal and replacement, including resurfacing (work to be done by State contractor, Allied Asphalt Company)/funding to be divided as follows: 25% Cook County Highway Department, 50% Illinois Department of Transportation, and 25% City, for a total cost to the City of $28,600, and bid bond~ checks be returned to unsuccessful bidders. Upon roll call, AYES: NAYS: the vote was: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Hardiman, seconded by Haupt, to adopt the recommendation of Public Safety Committee to approve purchase of one (1) Model QSS-1501 Mini-Lab System, Color Photo Processor-Printer, for the Police Depart- ment, in the amount of $48,950 from Noritsu America Corporation, 6900 Noritsu Avenue, Buena Park, CA 90622, and usual bid procedures be waived. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. PORTABLE RADIOS/ POLICE DEPT.: REVIEW OF OUTSIDE LEGAL BILLS: REVIEW OF ORDINANCES M-41-91, M-42-91 AND M-43-91: ORDINANCE B-6-91 ELEVATOR REQUIREMENTS: (amended) ORDINANCE M-36-91 ELEVATOR FIRE SAFETY REQUIREMENTS: (amended) 112. 9/16/91 PAGE FIVE Moved by Hardiman, seconded by Chiropolos, to adopt recommendation of Public Safety Committee to approve purchase of seven (7) Motorola MTlOOO Portable Radios for the Police Department for a total cost of $6,559 (State Net Bid), from Motorola, Inc., 50 East Commerce, Schaumburg, IL 60173/budgeted funds. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: !-Christiansen Motion declared carried. Moved by Haupt, seconded by Childers, to adopt the recommendation of License & Judicial Committee that City Council receive copies of all legal bills one week before the Council meeting at which these bills would appear on the Register of Bills to give the City Council sufficient time to review, make any appropriate telephone calls and/or Chairman of the License & Judicial Committee to call for a meeting to discuss same. Motion declared carried. Moved by Haupt, seconded by Schneck, to adopt the recommendation of License & Judicial Committee that City retain Patrick A. Lucansky, Klein Thorpe & Jenkins, Attorneys at Law, 180 N. LaSalle Street, Suite 1600, Chicago, IL 60601, to review the legality of Ordinances M-41-91, M-42-91 and M-43-91 (adopted by the City Council on September 3, 1991) and submit a written opinion. Moved by Childers, seconded by Chiropolos, to amend the motion that the City retain an independent counsel, not Patrick A. Lucansky, to review this matter. Motion declared carried. Alderman Schneck voted no. Moved by Childers, seconded by Sarlo, to adopt Ordinance B-6-91, as amended, AN ORDINANCE AMENDING SECTION 33.1 OF ARTICLE XXXIII ("ELEVATORS AND SIMILAR MECHANICAL DEVICES") OF THE CITY OF DES PLAINES BUILDING CODE AND ORDINANCE. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: !-Christiansen Motion declared carried. Moved by Childers, seconded by Sarlo, to adopt Ordinance M-36-91, as amended, AN ORDINANCE AMENDING Chapter 7 ("FIRE PREVENTION CODE") OF TITLE VII ("FIRE REGULATIONS") OF THE CITY CODE OF DES PLAINES BY ADDING CERTAIN EXCEPTIONS TO THE NATIONAL FIRE CODES. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. ORDINANCE M-37-91 GARBAGE PICKUP: ORDINANCE T-12-91 PARKING RESTRICTIONS/ ALGONQUIN RD.: ORDINANCE T-13-91 PARKING RESTRICTIONS/ LEE STREET: TRAFFIC FLOW/ PERRY STREET: ZONING CASE 91-30-R 1669-1785 TOUHY AVE.: ORDINANCE M-40-91 TIF BONDS/ PRIME PROJECT: (amended) ORDINANCE M-44-91 "OPEN HOUSE" SIGNS: 113. 9/16/91 PAGE SIX Moved by Schneck, seconded by Childers, to adopt Ordinance M-37-91, AN ORDINANCE AMENDING SECTION 8-14-10 OF CHAPTER 4, TITLE VIII ("GARBAGE, YARD WASTE AND COMPOSTING") OF THE CITY CODE 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 Hardiman, seconded by Schneck, to adopt Ordinance T-12-91, AN ORDINANCE AMENDING SECTION 10-5-17, SCHEDULE I, OF THE CITY CODE OF DES PLAINES TO AMEND THE PARKING RESTRICTIONS FOR ALGONQUIN ROAD. 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 Hardiman, seconded by Healy, to adopt Ordinance T-13-91, AN ORDINANCE AMENDING SECTION 10-5-5(G) OF SCHEDULE II OF THE CITY CODE OF DES PLAINES, CHANGING THE HOURS OF PARKING ON THE WEST SIDE OF LEE STREET, FROM 225 FEET NORTH OF TOUHY AVENUE TO HOWARD STREET. Upon roll call, the vote was: AYES: 7-Childers, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Mayor Albrecht referred Ordinance T-11-91 (adopted September 3, 1991) making Perry Street, between Lee Street and Graceland Avenue, a two-way street, back to the Public Safety Committee for further review. Alderman Sarlo advised the Council that the Municipal Development Committee has heard this matter and at the request of the petitioner has granted an extension until May 31, 1992 but if the petitioner intends to request a rezoning to C-1, he will have to go back to the Des Plaines Zoning Board of Appeals. Moved by Schneck, seconded by Childers, to waive First Reading and place on passage Ordinance M-40-91. Motion declared carried. Moved by Schneck, seconded by Childers, to adopt Ordinance M-40-91, as amended, AN ORDINANCE AUTHORIZ- ING THE ISSUANCE OF TAX INCREMENT DEVELOPER REVENUE BONDS OF THE CITY OF DES PLAINES, ILLINOIS. 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-44-91, AN ORDINANCE AMENDING CHAPTER 5, SECTION 4-5-16 ("SIGNS IN RESIDENTIAL DISTRICTS") OF TITLE IV ("BUILDING REGULATIONS") OF THE CITY CODE OF DES PLAINES. ORDINANCE M-45-91 "OPEN HOUSE" SIGNS: ORDINANCE M-46-91 REAL ESTATE SIGNS: ORDINANCE Z-13-91 DAY CARE- CHILD CARE FACILITIES: RESOLUTION R-25 -91 WOLF ROAD- TOUHY AVE. IMPROVEMENTS: BRADY'S RESUBDIVISION/ 1021-1031 PRAIRIE AVE.: PETITIONS/ MILL STREET: ADVERTISING FOR BIDS: ADJOURNMENT: 114. 9/16/91 PAGE SEVEN Placed on First Reading was Ordinance M-45-91, AN ORDINANCE AMENDING CHAPTER 1, SECTION 6-1-40 ("POSTING BILLS") OF TITLE VI ("POLICE REGULATIONS") OF THE CITY CODE OF DES PLAINES. Placed on First Reading was Ordinance M-46-91, AN ORDINANCE AMENDING CHAPTER 10, SECTION 9-10-4 ("REAL ESTATE 'FOR SALE' AND 'FOR RENT' SIGNS") OF TITLE IX ("PUBLIC WAYS AND PROPERTY REGULATIONS; DEALING WITH SUBDIVISIONS; DEDICATIONS AND FLOOD PLAINES") OF THE CITY CODE OF DES PLAINES. Placed on First Reading was Ordinance Z-13-91, AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY OF DES PLAINES ZONING ORDINANCE WHICH ALLOW THE OPERATION OF DAY CARE-CHILD CARE FACILITIES IN R-1 AND R-2 SINGLE-FAMILY RESIDENCE DISTRICTS AS SPECIAL USES ONLY AND WHICH OTHERWISE ALLOW THE OPERATION OF SUCH FACILITIES IN COMMERCIAL AND MANUFACTURING DISTRICTS (CASE NO. 91-31-A). Moved by Schneck, seconded by Healy, to adopt Resolution R-25-91, 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. Motion declared carried. Letter from Des Plaines Plan Commission re Brady's Resubdivision, 1021-1031 Prairie Avenue, was referred to the Municipal Development Committee. Petitions received in the City Clerk's office object- ing to residential-only parking on Mill Street were referred to the Public Safety Committee. The City Clerk's office will be advertising for bids for Facility Security System for Emergency Communica- tions Center, returnable by 3:00 p.m., Friday, October 18, 1991. Moved by Childers, seconded by Chiropolos, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:00 p.m. APPROVED BY ME THIS J DAY OF ~e1 I 1991