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1107942 4 2 .' 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, NOVEMBER 7, 1994 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, November 7, 1994. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Kisslinger, Sarlo, Chiropolos, Haupt. Alderman Curley was absent. Alderman Curley arrived at 7:05 p.m. Also present were: City Treasurer Fredricks, City Manager Douthwaite, City Comptroller Peters, Police Chief Sturlini, Fire Chief Farinella, Director of Public Works Shirley, Community Development Director D'Onofrio, City Engineer Oakley, and City Attorney Wiltse. PRAYER AND PLEDGE: PRESENTATION: CONSENT AGENDA: MINUTES: Consent Agenda PARKWAY MAINTENANCE: consent Agenda Ordinance M-73-94 The opening prayer was given by Pastor David Jones, First Presbyterian Church, followed by the Pledge of Allegiance to the Flag. Police Chief sturlini presented a Department Commendation to Officer Efren Salas for his outstanding efforts in pursuing and apprehending two armed off enders attemping an armed robbery on September 5, 1994. Moved by Sarlo, seconded by Chiropolos, to establish a Consent Agenda. Motion declared carried. Moved by Beauvais, seconded by Sarlo, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. The minutes are approved. The Staff recommendations and requests are approved; Ordinances M-71-94, M-72-94, and Z-15-94 are adopted; Ordinances M-73-94, M-74-94, and z- 16-94 are placed on First Reading; and Resolution R-69-94 is adopted. Moved by Beauvais, seconded by Sarlo, to approve minutes of regular meeting of the City Council held October 17, 1994, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sarlo, to approve minutes of Executive Session held October 17, 1994. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sarlo, to approve minutes of Executive Session of Committee of the Whole held October 25, 1994. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sarlo, to concur with recommendation of Committee of the Whole on October 25, 1994, that the City Code be amended to require property owners to cut the grass in the parkway immediately adjacent to their front or side yard, as necessary, so that the grass does not exceed six (6) inches in height; and further recommend to place on First Reading Ordinance M-73-94, AN ORDINANCE AMENDING CHAPTER 10 "PARKWAYS" OF TITLE IX OF THE CITY CODE OF DES PLAINES, TO ADD A NEW SECTION 9-10-5 CONCERNING THE DUTY TO MAINTAIN PARKWAYS. Motion declared carried as approved unanimously under Consent Agenda. AMEND. TO SUBDIVISION REGULATIONS: consent Agenda Ordinance M-74-94 ZONING CASE 94-48-V 1681 CAMPBELL: Consent Agenda Ordinance Z-16-94 FENCE VARIATION/ 25 HARVARD: consent Agenda KLINGENBERG RESUBDIVISION 945 WESTGATE: Consent Agenda LIQ. CALCIUM CHLORIDE & ROCK SALT: consent Agenda Resolution R-69-94 243. 11/7/94 PAGE TWO Moved by Beauvais, seconded by Sarlo, to concur with Staff recommendation to amend Chapter 12 "Subdivision Regulations," Title IX, of the City Code to require that construction of all subdivision public improvements be completed within two years or public improvement surety would be confiscated; and require that the developer post the first $50,000 of the warranty in cash prior to the subdivision being recorded, with the balance then being posted in a letter of credit or surety following acceptance of the improvements (both to be held for 18 months) ; and further recommend to place on First Reading Ordinance M-74-94, AN ORDINANCE AMENDING SECTIONS 9-12- 6(D) I 9-12-9, 9-12-15(B) I 9-12-15(C) I 9-12-15(D) I AND 9- 12-15 (F) (3), OF CHAPTER 12 "SUBDIVISION REGULATIONS," TITLE IX, OF THE CITY CODE OF DES PLAINES, TO ESTABLISH CASH WARRANTY REQUIREMENTS AND A 2-YEAR REQUIREMENT FOR COMPLETION OF SUBDIVISION PUBLIC IMPROVEMENTS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sarlo, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff recommendation re Case 94-48-V, to permit construction of two room additions which would result in a lot coverage of 30. 6% instead of maximum allowable coverage of 30%, on property located at 1681 Campbell Avenue; and further recommend to place on First Reading Ordinance Z-16-94, AN ORDINANCE GRANTING A VARIATION TO SECTIONS 3.2.4.2 AND 3.2.4.4 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF A ROOM ADDITION WHICH WILL RESULT IN A SIDE YARD OF 3.8 FEET (INCLUDING EAVE) INSTEAD OF THE REQUIRED 5 FOOT SIDE YARD, ALSO TO PERMIT LOT COVERAGE OF 32.2% INSTEAD OF THE MAXIMUM ALLOWABLE 30%, IN R-2 SINGLE FAMILY RESIDENCE DISTRICT, AT 1681 CAMPBELL AVENUE (CASE NO. 94-48-V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sarlo, to concur with Staff recommendation to grant request to permit 4 1 high chain link fence in front yard east of driveway set back 1 1 from sidewalk and run along the entire length of east property line on property located at 25 Harvard Street, contingent upon the bushes currently adjacent to the sidewalk being either removed or brought into compliance with Section 9-10-3 of the City Code. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sarlo, to concur with Staff recommendation to approve Final Plat for Klingenberg' s Resubdivision, 945 Westgate Road, and Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sarlo, to concur with Staff recommendation and accept low bid for joint purchase through Northwest Municipal Conference of Liquid Calcium Chloride from W & W Sales & Leasing Company, 119 s. Main Street, Edwardsville, IL 62025, for City's requested quantity of 13,200 gallons, for a total cost of $4,224 and City Clerk be authorized to execute IDOT Form BLR 6103 to authorize expenditure from MFT Section 94-00000-00 GM; accept low bid for joint purchase through Illinois Department of Central Management Services of bulk rock salt from AKZO Salt, Inc., P.O. Box 352, Morgan Highway, Clark Summit, PA 18411, for City's requested quantity of 3,745 tons for a total cost of $95,684.75 and City Clerk be authorized to execute IDOT Form BLR 6103 to authorize expenditure from MFT Section 94-00000-00 GM; and further recommend that Supplemental Resolution to MFT Section 94-00000-00 GM be adopted in the amount of $80,000 to partially fund the expenditures with the balance CHLORIDE & ROCK SALT (Cont'd.) BID AWARD/ HEAT. & AIR CONDITION. : consent Agenda BID AWARD/ CARPET CLEANING: consent Agenda REAPPOINT./ APPOINTMENT: Consent Agenda ORDINANCE M-71-94 AGREEMENT/ PINE PLAINES TOWNHOUSE: consent Agenda ORDINANCE M-72-94 AMENDMENT/ TIF REDEV. PLAN: Consent Agenda ORDINANCE Z-15-94 VARIATION/ 1767 WHITE: Consent Agenda PAGE THREE 244. 11/7/94 coming from the 1994 General Maintenance Fund; and further recommend to adopt Resolution R-69-94, A RESOLUTION AUTHORIZING THE EXECUTION OF A "SUPPLEMENTAL RESOLUTION WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION" FOR THE PURCHASE OF LIQUID CALCIUM CHLORIDE AND ROCK SALT FOR THE MAINTENANCE OF CITY STREETS AND HIGHWAYS, AND FOR FUNDING THE EXPENDITURES OF SAME. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sarlo, to concur with Staff recommendation to award bid for Preventive Maintenance of Heating and Air Conditioning Systems in the civic Center, Police Building, Public Works Facility and Transit Center, to the lowest bidder, Bedco, Inc., 1140 Kylemore Court, Des Plaines, in the amount of $7, 600, which includes six ( 6) inspection and maintenance visits for one year. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sarlo, to concur with Staff recommendation to award bid for Semi-Annual Carpet Cleaning Services in the Civic Center and Police Building to the lowest bidder, Asahi Enterprise, Inc., 121 Fairfield Way, Suite 323, Bloomingdale, IL 60108, in the amount of $1, 950 per cleaning for a total of $3, 900. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sarlo, to concur with Mayor Sherwood's reappointment/appointment as follows: DES PLAINES BOARD OF FIRE & POLICE COMMISSIONERS Reappointment Dr. Paul Jung, term to expire April 30, 1997 DES PLAINES YOUTH COMMISSION Appointment Valerie J. Hoffman, term to expire December 31, 1995. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sarlo, to adopt Ordinance M-71-94, AN ORDINANCE AMENDING SECTION 10-13-6(B) "AGREEMENTS FOR ENFORCEMENT OF STATE LAWS ON PRIVATE PROPERTY," OF CHAPTER 13, TITLE X, OF THE CITY CODE OF DES PLAINES TO ADD "PINE PLAINES TOWNHOUSE ASSOCIATION." Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sarlo, to adopt Ordinance M-72-94, AN ORDINANCE APPROVING THE AMENDED TAX INCREMENT REDEVELOPMENT AREA PLAN AND REDEVELOPMENT PROJECT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Sarlo, to adopt Ordinance Z-15-94, AN ORDINANCE GRANTING A VARIATION TO SECTIONS 3. 3. 4. 2 AND 10. 5. 2 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF A 20 X 22 FOOT DETACHED GARAGE WHICH WILL RESULT IN A 2. 5 FOOT NORTH AND SOUTH SIDE YARD (INCLUDES A 1 FT. EAVE), INSTEAD OF THE REQUIRED 5 FOOT SIDE YARD, AND TO PERMIT A DETACHED ACCESSORY BUILDING TO OCCUPY MORE THAN 50% OF THE REQUIRED REAR YARD, IN R-2 SINGLE FAMILY RESIDENCE DISTRICT, AT 1767 WHITE STREET (CASE NO. 94-42-V). Mayor Ted Sherwood declared that the city council was now resolved into a Committee of the Whole. LONGFORD GLEN SUBDIVISION/ N. WOLF RD.: PROPOSED ETHICS ORDINANCE: REDEMPTION OF 1975 PARKING SYS. REV. BONDS: RETAIN/PROF. FINANCIAL ADV. SVS.: WARRANT REGISTER: EXECUTIVE SESSION: 245. 11/7/94 PAGE FOUR COMMUNITY DEVELOPMENT Alderman Sarlo, Chair Moved by Chiropolos, seconded by Curley to recommend to the City Council approval of final Plat for Longford Glen Subdivision, located north of Central Road, east of Wolf Road and immediately north of Kylemore Greens Subdivision, and Mayor and City Clerk be authorized to execute same. Motion declared carried. LEGAL & LICENSING Alderman Kisslinger, Chair Mr. Jim Brookman, 1867 Ash Street, addressed the City Council regarding this matter in which he reviewed several sections of the proposed ordinance, i.e. he questioned how the ordinance would be enforced, what is the definition of "employee;" and how would disclosure of conflict be made. After further discussion, City Attorney Wiltse was directed to amend the proposed ordinance to reflect suggested changes and consider those of Mr. Brookman. Alderman Haupt requested that the audio and visual tape for this evening meeting be kept indefinitely. No meeting date was set to review the amended proposed ordinance. FINANCE & ADMINISTRATION Alderman Haupt, Chair Moved by Haupt, seconded by Sarlo, to recommend to the City Council that Staff proceed in the planned issuance of approximately $7,000,000 in General Obligation Bonds for downtown redevelopment which includes the planned refunding and redemption of the City's 1975 Parking Bonds (as recommended by the Committee of the Whole on October 25, 1994); and Resolution R-70-94 be adopted at appropriate time this evening. Motion declared carried. Moved by Chiropolos, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council that the City retain Speer Financial, Inc., 55 E. Monroe Street, Suite , 3435, Chicago, IL 60603, to provide necessary financial advisory services for the City's 1994 General Obligation Bond Issue, at a fee not-to-exceed $15,500 plus a maximum of $500 for expenses other than travel outside of Illinois. Motion declared carried. Moved by Chiropolos, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council approval of November 7, 1994 Warrant Register in the amount of $2,926,896.09, and Resolution R-71-94 be adopted at appropriate time this evening. Motion declared carried. Moved by Haupt, seconded by Sarlo, to go into Executive Session to discuss acquisition of property. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Council recessed at 8:52 p.m. Council reconvened at 9:02 p.m. Roll call indicated the following aldermen Beauvais, Christiansen, Elstner, Kisslinger, Sarlo, Chiropolos, Haupt. present: Curley, ACQUISITION/ D.P. MALL: CIVILIAN POLICE POSITIONS: RESIDENTIAL PROPERTY INSPECTION: ordinance M-75-94 246. 11/7/94 PAGE FIVE Moved by Haupt, seconded by Chiropolos, to concur with the consensus of the aldermen in Executive Session on October 25, 1994 and Executive Session held during this meeting, and recommend to the City Council that City Attorney be authorized to begin the acquisition of the Des Plaines Mall as directed in Executive Session, and further recommend that Ordinance M-76-94 be adopted at appropriate time this evening. Motion declared carried. PUBLIC SAFETY Alderman Elstner, Chair Police Officer Bill Prim, Secretary-Treasurer, Combined Counties Police Association (CCPA), addressed the City Council regarding this matter and spoke against these proposed civilian police positions. Police Officer Rich Rozkuszka, Vice President, CCPA, addressed the City Council regarding this matter and stated that at a recent Union meeting with 90% of the members in attendance, it was the unanimously agreement that these proposed civilian police positions not be approved. Mr. Rozkuszka presented 64 petition pages with over 1,000 signatures opposing these proposed civilian police positions. Detective Terry McAllister, Vice President, CCPA,· addressed the City Council regarding this matter urging the City Council not to approve these changes. Detective Juan Raphael Tovar addressed the City Council regarding this matter and spoke against these proposed civilian police positions. Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation and recommend to the City Council to make the positions of Court Liaison, Crime Analysis Technician, and Police Records Supervisor, police civilian positions, and further recommend that Ordinance M-77-94 be adopted at appropriate time this evening. Motion declared carried. Mayor Ted Sherwood assumed the chair, and declared the city Council back in session. Moved by Beauvais, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on October 17, 1994, to approve amendments to the inspection of residential property ordinance to: 1) eliminate the requirement that owner-occupied, single-family residences be inspected prior to sale; 2) provide for annual inspections of common areas, mechanical rooms, and so on (but not individual units) for multiple-family dwellings of four or more units only; 3) increase the fee for a certificate of occupancy from $17.00 to $25.00; 4) to require that all residential structures in the City be in conformance with all applicable Code provisions; and further recommend to place on First Reading Ordinance M- 75-94, AN ORDINANCE AMENDING SUBSECTION 8-9-4(C) "INSPECTIONS" OF SECTION 8-9-4 "ENFORCEMENT," SECTION 8- 9-17 "INSPECTION OF DWELLING UNITS AND RENTAL UNITS AND ALL PROPERTIES PRIOR TO RESALE/TRANSFER OF OWNERSHIP AND/OR CHANGE OF TENANCY," AND SECTION 8-9-18 "OCCUPANCY PERMIT WHEN PROPERTY TRANSFERRED, 11 OF CHAPTER 9 "PROPERTY MAINTENANCE AND OCCUPANCY, 11 TITLE VIII, OF THE CITY CODE OF DES PLAINES, TO ELIMINATE INSPECTIONS OF OWNER- OCCUPIED RESIDENTIAL PROPERTIES PRIOR TO RESALE OR TRANSFER OF PROPERTY. Upon roll call, the vote was: - PROPERTY INSPECTION (Cont'd.) LONGFORD GLEN SUBDIVISION/ N. WOLF RD.: REDEMPTION OF 1975 PARKING SVS. REV. BONDS: Resolution R-70-94 RETAIN/PROF. FINANCIAL ADV. SVS.: ACQUISITION/ D.P.MALL: Ordinance M-76-94 RESOLUTION R-71-94 WARRANT REGISTER: 247. PAGE SIX AYES: 6-Beauvais, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 2-Christiansen, Elstner ABSENT: 0-None Motion declared carried. 11/7/94 Moved by Beauvais, seconded by Chiropolos, to concur with recommendation of Committee of the Whole to approve final Plat for Longford Glen Subdivision, located north of Central Road, east of Wolf Road and immediately north of Kylemore Greens Subdivision, and Mayor and City Clerk be authorized to execute same. Motion declared carried. Moved by Haupt, seconded by Chiropolos, to concur with recommendation of Committee of the Whole that Staff proceed in the planned issuance of approximately $7, 000, 000 in General Obligation Bonds for downtown redevelopment which includes the planned refunding and redemption of the City's 1975 Parking Bonds (as recommended by the Committee of the Whole on October 25, 1994); and further recommend to adopt Resolution R-70-94, A RESOLUTION ELECTING TO REDEEM THE MOTOR VEHICLE PARKING SYSTEM REVENUE BONDS, SERIES OF 1975, OF THE CITY OF DES PLAINES. Upon roll ·call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Haupt, seconded by Chiropolos, to concur with recommendation of Committee of the Whole that the City retain Speer Financial, Inc., 55 E. Monroe Street, Suite 3435, Chicago, IL 60603, to provide necessary financial advisory services for the City's 1994 General Obligation Bond Issue, at a fee not-to-exceed $15, 500 plus a maximum of $500 for expenses other than travel outside of Illinois. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Haupt, seconded by Sarlo, to concur with recommendation of Committee of the Whole that City Attorney be authorized to begin the acquisition of the Des Plaines Mall as directed in Executive Session; and further recommend to place on First Reading Ordinance M- 76-94. Motion declared carried. Moved by Haupt, seconded by Sarlo, to adopt Ordinance M- 76-94, AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY THROUGH CONDEMNATION OR OTHERWISE FOR THE CITY OF DES PLAINES, ILLINOIS REDEVELOPMENT PLAN AND AMENDED TAX INCREMENT REDEVELOPMENT PROJECT AREA. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Haupt, seconded by Chiropolos, to concur with recommendation of Committee of the Whole to adopt Resolution R-71-94, 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: $2,926,896.09. Upon roll call, the vote was: R-71-94 (Cont'd.) CIVILIAN POLICE POSITIONS: Ordinance M-77-94 ADJOURNMENT: 248. 11/7/94 PAGE SEVEN AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Elstner, seconded by Christiansen, to concur with recommendation of Committee of the Whole to make the positions of Court Liaison, Crime Analysis Technician, and Police Records Supervisor, police civilian positions; and further recommend to place on First Reading Ordinance M-77-94. Motion declared carried. Moved by Chiropolos, seconded by Sarlo, to adopt Ordinance M-77-94, AN ORDINANCE AMENDING SCHEDULES III, V AND V-A OF SECTION 1-15-4, CHAPTER 15, TITLE I, OF THE CITY CODE OF DES PLAINES, PERTAINING TO THE CITY 1 S POSITION CLASSIFICATION AND COMPENSATION PLAN, TO ADD NEW JOB CLASSIFICATIONS OF COURT LIAISON, CRIME ANALYSIS TECHNICIAN, AND POLICE RECORDS SUPERVISOR. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Curley, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:10 p.m. ~&Q:- Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS ~2._ -..nAYQ F 94 ~-L __ _ Ted Sherwood, MAYOR