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111692285 . 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 161 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 8:05 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, November 16, 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, Commissioner of Public Works Matula, Fire Chief Clark, Deputy Police Chief Randolph, Community Development Director Pagones, City Engineer Oakley, Human Resources & Services Director Panouses, Public Safety Communications Coordinator Ornberg, and Interim City Attorney Delort. PRAYER AND PLEDGE: MINUTES: BILLS PAYABLE: PRINTING OF DES PLAINES DIGEST/1993: 1992 TAX LEVY PUBLIC HEARING: The opening prayer was given by Pastor James Hines, Brentwood Baptist Church, followed by the Pledge of Allegiance to the Flag. Moved by Sarlo, seconded by Childers, to approve minutes of regular meeting of City Council held November 2, 1992, as published. Motion declared carried. Moved by Sarlo, seconded by Healy, to approve minutes of Special Meeting of the City Council held November 5, 1992, as published. Motion declared carried. Moved by Sarlo, seconded by Schneck, to approve minutes of Executive Session of the City Council held November 5, 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: $3,831,780.38. 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 the Finance Committee that the contract for printing of the 1993 DES PLAINES DIGEST be awarded to THE JOURNAL AND TOPICS NEWSPAPERS, 622 Graceland Avenue, Des Plaines, Illinois 60016, at the same rate as 1992: $1,626.93 per edition/6 times per year; $5.00 per half-tone; $40. 00 per hour for alterations and $50. 00 for trim alternative. 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 as gross tax levy for 1992 is in excess of 105 percent of final 1991 levy, a Truth-In-Taxation Public Hearing is necessary and appropriate legal notices shall be published for Public Hearing for 1992 Tax Levy, to be held December 7, 1992. 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. LIQUOR LICENSE 1504 MINER: HOUSING COURT PROCEDURES: ZONING CASE 92-41-A TEXT AMEND. RE TRUCK DRIVING SCHOOLS: SURETY/ KUHLMANN- FRASE RESUB: PATIO VARIATION/ 900 CARLOW DR.: PATIO VARIATION/ 415 DEBRA DR.: AUTH.TO BID/ WEST SIDE WATER TRANS.MAIN: CONSENT AGENDA: 286. 11/16/92 PAGE TWO Moved by Haupt, seconded by Childers, to adopt the recommendation of License and Judicial Committee to grant request for Class A Liquor License for property located at 1504 Miner Street, d/b/a Booeymongers, contingent upon verification of finger prints. Motion declared carried. Moved by Haupt, seconded by Childers, to adopt the recommendation of License and Judicial Committee that all future Housing Court Citations shall be directed to the Legal Department before assignment to outside counsel. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt the recommendation of Municipal Development Committee to concur with recommendation of Zoning Board of Appeals re Case 92-41-A to grant request for Text Amendment to permit truck driving schools in an M-2 General Manufacturing District as a Special Use Only, 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 accept public improvements including storm sewer, sidewalk, driveway approaches and parkway restoration for Kuhlmann-Frase Resubdivision, 1555 Orchard Street, and Surety Bond be released in the amount of $13,912.50 and Cash Guarantee be released in the amount of $150.00 for a total of $14,062.50. Upon roll call, the vote was: AYES: a-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Hardiman, to adopt the recommendation of Building Code Committee to grant the request for an oversized patio on property located at 900 Carlow Drive, and as this patio had been installed without a permit, a double permit fee be imposed. Motion declared carried. Moved by Christiansen, seconded by Hardiman, to adopt the recommendation of Building Code Committee to deny the request for an oversized patio on property located at 415 Debra Drive and further, patio must be cut down to 375 Sq. Ft. and all concrete and debris hauled away by property owner. Existing patio had been extended without a permit, however, no fine will be imposed at this time. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee that City Clerk be authorized to bid for West Side Water Transmission Main, returnable by 10:00 a.m. on Thursday, December 10, 1992. Motion declared carried. Moved by Sarlo, seconded by Healy, that Items 1 through 4 under UNFINISHED BUSINESS and Items 1 through 5 under NEW BUSINESS on the 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 resolution will be adopted. Upon roll call, the vote was: AYES: a-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. --~-I ORDINANCE M-47-92 AMENDED TIF PLAN & PROJ: consent Aqenda ORDINANCE M-49-92 COMP. PLAN/ CONTRACT CCPA: consent Aqenda ORDINANCE Z-13-92 REZONING/ 800 OAKTON: consent Aqenda ORDINANCE Z-14-92 VARIATION/ 207 DRAKE: Consent Aqenda ORDINANCE M-51-92 PROHIB. CAR CARRIERS IN C-4 & R-5: consent Aqenda ORDINANCE T-16-92 TRAFFIC RESTRICTION/ SECOND AV.: consent Aqenda ORDINANCE T-17-92 SPEED LIMIT/ SECOND AV.: Consent Aqenda 287. 11/16/92 PAGE THREE Moved by Sarlo, seconded by Healy, to adopt Ordinance M- 47-92, AN ORDINANCE CORRECTING A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE SECOND AMENDED TAX INCREMENT REDEVELOPMENT PLAN AND REDEVELOPMENT PROJECT FOR THE DES PLAINES DOWNTOWN REDEVELOPMENT PROJECT AREA. Upon roll call, the vote was: AYES: a-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sarlo, seconded by Healy, to adopt Ordinance M- 49-92, AN ORDINANCE AMENDING SCHEDULES II AND VII, OR 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, MAY 1, 1993 TO APRIL 30, 1994, AND MAY 1 1994 TO APRIL 30, 1995. Upon roll call, the vote was: AYES: a-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sarlo, seconded by Healy, to adopt Ordinance z- 13-92, AN ORDINANCE GRANTING A REZONING FROM C-1 COMMERCIAL NEIGHBORHOOD SHOPPING DISTRICT TO R-4 MULTIPLE-FAMILY RESIDENCE DISTRICT, FOR aoo EAST OAKTON STREET (CASE NO. 92-37-A). Upon roll call, the vote was: AYES: a-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sarlo, seconded by Healy, to adopt Ordinance z- 14-92, AN ORDINANCE GRANTING A VARIATION TO SECTIONS 3.1.2.11 AND 3.2.4.2 OF THE CITY OF DES PLAINES ZONING ORDINANCE FOR THE PROPERTY COMMONLY KNOWN AS 207 EAST DRAKE LANE IN AN R-2 SINGLE FAMILY RESIDENCE DISTRICT (CASE NO. 92-32-V). Upon roll call, the vote was: AYES: a-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Placed on First Reading was Ordinance M-51-92, AN ORDINANCE AMENDING SECTION 10-5-6 "STANDING FOR LOADING ONLY" OF CHAPTER 5 "STOPPING, STANDING AND PARKING", OF TITLE X OF THE CITY CODE OF DES PLAINES, BY ADDING THERETO A NEW SUBSECTION (C}, AND AMENDING SECTION 10-5- 2a "CODE VIOLATION FINES" TO INCREASE THE FINE FOR SECTION 10-5-6. Placed on First Reading was Ordinance T-16-92, AN ORDINANCE AMENDING SECTION 10-7-3(B) OF THE CITY CODE OF DES PLAINES, TO ADD "SECOND AVENUE (NORTH AND SOUTHBOUND) AT OAKWOOD AVENUE" AS A TWO-WAY STOP STREET. Placed on First Reading was Ordinance T-17-92, AN ORDINANCE AMENDING SECTION 10-6-16(D) OF THE CITY CODE OF DES PLAINES, TO ADD "SECOND AVENUE FROM ALGONQUIN ROAD TO THACKER STREET". ORDINANCE Z-16-92 PUD 800 OAKTON: Consent Aqenda RESOLUTION R-51-92 DR. S. ZYDLO/ CONSULT PHYS: consent Aqenda ADVERTISING FOR BIDS: ZONING CASE 92-47-V 595 CONCORD: ZONING CASE 92-48-V 591 CONCORD: ZONING CASE 92-49-SU 255 OAKTON: APPOINTMENTS/ REAPPOINT.: EXECUTIVE SESSION: POTENTIAL LITIGATION: 288. 11/16/92 PAGE FOUR Placed on First Reading was Ordinance Z-16-92, AN ORDINANCE GRANTING PRELIMINARY APPROVAL FOR A PLANNED UNIT DEVELOPMENT TO PERMIT THE CONSTRUCTION OF 40 TOWNHOMES AT 800 EAST OAKTON STREET (CASE NO. 92-38-PUD). Moved by Sarlo, seconded by Healy, to adopt Resolution R-51-92, A RESOLUTION DESIGNATING DR. STANLEY M. ZYDLO, JR., AS CONSULTING PHYSICIAN FOR THE DES PLAINES POLICE AND FIRE DEPARTMENTS. Motion declared carried. The City Clerk's Office will be advertising for bids for: 1. Sale of surplus Fire Department vehicle, 1982 Ford E-350 Box Van, returnable by 3:00 p.m., Friday, December 4' 1992. 2. Replacement of Overhead Doors for Fire Stations #1 and #3, returnable by 3:00 p.m., Thursday, December 3, 1992. Letter from Des Plaines Zoning Board of Appeals re Case 92-47-V, 595 Concord Lane (Salad Rodriguez-Rogue) was referred to the Municipal Development Committee. Letter from Des Plaines Zoning Board of Appeals re Case 92-48-V, 591 Concord Lane (John and Ellen Gross) was referred to the Municipal Development Committee. Letters from Des Plaines Plan Commission and Zoning Board of Appeals re Case 92-49-SU, 255 W. Oakton Street (Stellar Transportation Service, Inc., d/b/a Star Truck Driving School) was referred to the Municipal Development Committee. Moved by Healy, seconded by Christiansen, to concur with Mayor Albrecht's reappointment of James Szabo to the Des Plaines Zoning Board of Appeals, term to expire April 30, 1997. Motion declared carried. Moved by Schneck, seconded by Healy, to concur with Mayor Albrecht's appointment of Lorene Dini to the Des Plaines Cable Commission, term to expire April 30, 1993. Motion declared carried. Alderman Childers voted no. Moved by Healy, seconded by Chiropolos, to go into Executive Session to discuss potential litigation, hiring of an employee and pending litigation. 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. Council recessed at 8:40 p.m. Council reconvened at 9:50 p.m. Roll call indicated the following aldermen present: Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. Moved by Childers, seconded by Chiropolos, to authorize a contract with an outside attorney to represent the City's interest regarding potential litigation in an amount not-to-exceed $5,000 and authorize City staff to expend an additional amount of $17,750 for professional services, if recommended by legal counsel. Upon roll call, the vote was: POTENTIAL LITIGATION: {Cont'd) AUTHOR. TO SETTLE WORK. COMP. CLAIMS: PENDING LITIG. CITY VS.UNIVERSAL OUTDOOR: APPOINTMENT CITY MANAGER: ADJOURNMENT: 289. 11/16/92 PAGE FIVE AYES: a-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Haupt, seconded by Childers, that legal counsel be authorized to negotiate settlements for two (2) Workmen's Compensation Claims as directed in Executive Session. Motion declared carried. Moved by Haupt, seconded by Childers, to grant Corporation Counsel certain limits of authority to attempt to bring City vs Universal outdoor to conclusion. Motion declared carried. Moved by Schneck, seconded by Healy, to concur with Mayor Albrecht's appointment of F. Wallace Douthwaite as City Manager commencing January 18, 1993 along with approval of City Manager Contract as discussed in Executive Session. Moved by question. Schneck, seconded by Healy, Motion declared carried. to divide the Upon roll call on the motion to approve the appointment of F. Wallace Douthwaite as City Manager commencing January 18, 1993, 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 Healy, to approve City Manager Contract between City of Des Plaines and F. Wallace Douthwaite as discussed in Executive Session. Upon roll call, the vote was: AYES: 6-Childers, Healy, Schneck, Sarlo, Chiropolos, Haupt NAYS: 2-Christiansen, Hardiman ABSENT: 0-None Motion declared carried. Moved by Schneck, seconded by Healy, to authorize Interim City Attorney to prepare ordinance to amend pay schedule for position of City Manager. Motion declared carried. Aldermen Christiansen and Hardiman voted no. Moved by Healy, seconded by Sarlo, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:55 p.m. J6anne M. Linke, DEPUTY CITY CLERK 1i