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120792290 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, DECEMBER 7, 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 8:03 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 7, 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, Police Chief Storm, Fire Chief Clark, Public Works Commissioner Matula, Development Specialist D'Onofrio, 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: PROPERTY TAX ABATEMENTS & 1992 TAX LEVY: PARKING PAD/ 1369 E. ALGONQUIN: The opening prayer was given by Pastor Steve Hjelle, Evangelical Free Church, 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 November 16, 1992, as published. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to approve minutes of Executive Session of the City Council held November 16, 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: $3,196,555.13. Upon roll call, the vote was: AYES: 8-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Alderman Hardiman abstained on Warrant #02777 and Warrant #79582 for Refundable Bonds (conflict of interest). Motion declared carried. Moved by Schneck, seconded by Sarlo, to adopt the recommendation of Finance Committee that City abate 1991 General Obligation Corporate Bonds and abate General Obligation Bonds, Series 1990, which will result in a 1992 Tax Levy of 0% for a total dollar request of $10,875,240 (public hearings were held December 7, 1992 pursuant to law), and Ordinances M-52-92, M-53-92 and M- 54-92 be placed on First Reading at appropriate time this evening. Upon roll call, the vote was: AYES: 5-Christiansen, Healy, Schneck, Hardiman, Albrecht NAYS: 4-Childers, Sarlo, Chiropolos, Haupt ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Hardiman, to adopt recommendation of Building Code Committee to grant request for a parking pad on the side and rear of house parallel to alley on property located at 1369 E. Algonquin Road. Motion declared carried. ---------- ZONING CASE 92-47-V 595 CONCORD: ZONING CASE 92-48-V 591 CONCORD: ZONING CASE 92-49-SU 255 OAKTON: LIQ. LIC./ 1116 PRAIRIE: PENDING LITIGATION/ SWANCC: PENDING LITIGATION/ WORKMEN'S COMPENSATION: COMMUNITY RATING SYSTEM: 291. 12/7/92 PAGE TWO Moved by Sarlo, seconded by Healy, to adopt the recommendation of Municipal Development Committee re Zoning Case 92-47-V to grant request for variation to permit a lot area coverage of 41. o percent instead of the required 40.0 percent on property located at 595 Concord Lane, and Interim City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Sarlo, seconded by Healy, to adopt the recommendation of Municipal Development Cammi ttee to concur with recommendation of Des Plaines Zoning Board of Appeals re Case 92-48-V to grant request for variation to permit a lot area coverage of 40.75 percent instead of the required 40.0 percent on property located at 591 Concord Lane, and Interim City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Sarlo, seconded by Healy, 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 92-49-SU to grant request to permit a truck driving school in M-2 General Manufacturing District on property located at 255 W. Oakton Street, and Interim City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Haupt stated for the record that while he supports this request, he is concerned about where these truck drivers will be training and at what times of the day. Both Alderman Sarlo and Alderman Healy stressed that the petitioners understand that if they are caught in the residential areas more than three times in one year, their Special Use would automatically be revoked and that they agree to limit their training to mostly toll roads, expressway and possibly some State routes. Alderman Chiropolos stated that at the committee meeting the petitioners assured him that they would not use the Cumberland Circle as part of their training route. Moved by Haupt, seconded by Healy, to adopt the recommendation of License & Judicial Committee to grant request for Class A Liquor License for property located at 1116 Prairie Avenue, d/b/a Jimmy's & Jean's Watering Hole, Inc. Motion declared carried. Aldermen Childers and Sarlo voted no. Moved by Haupt, seconded by Healy, to adopt the recommendation of License & Judicial Committee that legal counsel be authorized to proceed with the strategy as outlined in the Executive Session of this committee regarding the pending litigation with SWANCC. Motion declared carried. Moved by Haupt, seconded by Healy, to adopt the recommendation of License & Judicial Committee that legal counsel be authorized to proceed with the strategy as outlined in the Executive Session of this committee regarding pending litigation pertaining to a Workmen's Compensation claim. Moved by Chiropolos, seconded by Hardiman, to adopt the recommendation of Engineering Committee that Mayor and City Clerk be authorized to sign application for classification under the Federal Emergency Management Agency Community Rating System so that flood insurance costs to citizens of Des Plaines can be reduced, and Resolution R-52-92 be adopted at appropriate time this evening. Motion declared carried. {Pl I I LIC. AGREE. C&NW RAILROAD: WEST SCHOOL PROPERTY: PURCHASE OF RADIO SYS.: REPLACEMENT/ OVERHEAD DOORS: SALE OF SURPLUS FIRE APPARATUS: CONSENT AGENDA: PAGE THREE 292. 12/7/92 Moved by Chiropolos, seconded by Hardiman, to adopt the recommendation of Engineering Committee that the Mayor and City Clerk be authorized to execute License Agreement with Chicago & Northwestern Railroad to permit City to cross the railroad at two locations on Howard Avenue for construction of the West Side Transmission Water Main; City to pay a $250 application fee and $2,700 one-time rental charge (source of funding/1991 Water Bond). 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 maintain the old West School property as a potential library site for at least the next six months at which time the Library Board will advise the Council of its position and options. Motion declared carried. Aldermen Schneck and Sarlo voted no. Moved by Healy, seconded by Schneck, to adopt the recommendation of Community Services Committee that the Self-Help Closet be allowed to continue using the old West School during this six month period and the City join the community effort to find them a new location. Motion declared carried. Moved by Hardiman, seconded by Chiropolos, to adopt the recommendation of Public Safety Committee to award bid for a Fire Apparatus Intercom/Radio System for the two Fire Department trucks to the low bidder, COM/RAD, Inc., 1781 Oakton Street, Des Plaines, in the amount of $4,999 and to waive the bid irregularities. 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 award bid for replacement of overhead doors at Fire Stations #1 and #3 in the amount of $20, 388 and to waive the bid irregularities. 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 that since no bids were received for sale of surplus Fire Apparatus (Haz Mat truck) on December 4, 1992, that the City Clerk be authorized to place an ad in the Chicago Tribune for sealed proposals, returnable by 3:00 p.m. on Thursday, January 28, 1993. Motion declared carried. Moved by Healy, seconded by Christiansen, that Items 1 through 4 under UNFINISHED BUSINESS and Items 1, 5, 6, and 7 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: CONSENT AGENDA (Cont'd.) ORDINANCE M-51-92 PROHIBIT CAR CARRIERS: consent Agenda ORDINANCE T-16-92 TRAFFIC RESTRICTION/ SECOND AVE.: Consent Agenda ORDINANCE T-17-92 25 MPH/ SECOND AVE: Consent Agenda ORDINANCE Z-16-92 PUD/800 E. OAKTON ST.: Consent Agenda ORDINANCE A-1-92 ANNEX./3113 OLD HIGGINS: Consent Agenda ORDINANCE M-52-92 1992 TAX LEVY: ORDINANCE M-53-92 ABATE./1991 GO BONDS: ORDINANCE M-54-92 ABATE./1990 GO BONDS: PAGE FOUR 293. 12/7/92 AYES: 8-Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Healy, seconded by Christiansen, to adopt 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 10-5-28 "CODE VIOLATION FINES" TO INCREASE THE FINE FOR SECTION 10-5-6. 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 Christiansen, to adopt 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. 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 Christiansen, to adopt 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." 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 Christiansen, to adopt 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). 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 A-1-92, AN ORDINANCE ANNEXING CERTAIN LAND TO THE CITY OF DES PLAINES, ILLINOIS. (Property commonly known as Allied Services Division Severance Fund, a Trust, 3113 West Old Higgins Road, Elk Grove Village, Illinois) . Placed on First Reading was Ordinance M-52-92, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1992 AND ENDING DECEMBER 31, 1992. Placed on First Reading was Ordinance M-53-92, AN ORDINANCE RE ABATEMENT OF 1992 TAX LEVY FOR 1991 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Placed on First Reading was Ordinance M-54-92, AN ORDINANCE RE ABATEMENT OF 1992 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1990. pµt ---- ORDINANCE M-55-92 SALARY OF CITY MGR.: Consent Agenda ORDINANCE Z-15-92 TEXT AMEND./ TRUCK DRIVING SCHOOL: CONS. AGENDA RESOLUTION R-52-92 APPLICATION/ COMM. RATING SYSTEM: consent Agenda PETITIONS/ ANNEX. OF 3113 OLD HIGGINS RD.: SEVERENCE BENEFITS/ COMM. DEV. DIRECTOR: CANDIDATE PETITIONS: APPOINTMENTS: EXECUTIVE SESSION: 294. 12/7/92 PAGE FIVE Placed on First Reading was Ordinance M-55-92, AN ORDINANCE DELETING SECTION 1-24-5 "COMPENSATION," OF THE CITY CODE OF DES PLAINES, IN ITS ENTIRETY, AND AMENDING SECTION 1-15-4(B) "UNCLASSIFIED SERVICE" OF CHAPTER 15 ("POSITION CLASSIFICATION AND COMPENSATION PLAN") , TITLE I, TO ADD A NEW SUBSECTION 1-15-4 (B) ( 2) PERTAINING TO THE CITY MANAGER'S SALARY. Placed -on First Reading was Ordinance Z-15-92, AN ORDINANCE AMENDING ARTICLE 5, SECTION 5. 2. 3 "SPECIFIC USES PERMITTED" OF THE CITY OF DES PLAINES ZONING ORDINANCE BY ADDING THERETO SUBPARAGRAPH 5.2.3.10 PROVIDING FOR TRUCK DRIVING SCHOOLS AS A SPECIAL USE ONLY (CASE NO. 92-41-A) . Moved by Healy, seconded by Christiansen, to adopt Resolution R-52-92, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE MAYOR TO SIGN APPLICATION FOR CLASSIFICATION UNDER THE FEDERAL EMERGENCY MANAGEMENT AGENCY COMMUNITY RATING SYSTEM. Motion declared carried. The petitions received by the City Clerk's Office for annexation of 3113 Old Higgins Road were referred to the Municipal Development Committee. Moved by Chiropolos, seconded by Sarlo, to give Community Development Director Lou Pagones six (6) months of severence pay and one ( 1) year of heal th insurance effective the date of his resignation, January 1, 1993. Moved by Healy, seconded by Schneck, to make a substitute motion that once Community Development Director Lou Pagones obtains another position of employment the benefits of six (6) months of severence pay and one (1) year of heal th insurance, effective the date of his resignation, January 1, 1993, would cease. Upon roll call, the vote was: AYES: 3-Childers, Healy, Haupt NAYS: 5-Christiansen, Schneck, Hardiman, Sarlo, Chiropolos ABSENT: 0-None Motion declared failed. Upon roll call on the original motion, the vote was: AYES: 5-Childers, Healy, Sarlo, Chiropolos, Haupt NAYS: 3-Christiansen, Schneck, Hardiman ABSENT: 0-None Motion declared carried. The matter of whether the City should provide petitions to potential candidates for the April 20, 1993 election was referred to the License & Judicial Committee. Letters from Mayor Albrecht regarding the following appointments will come before the Council on December 21, 1992: CABLE COMMISSION Betty J. Ritter to fill vacancy created by the passing of Walter Nicely ZONING BOARD OF APPEALS Dan Fletcher to fill vacancy created by resignation of Dr. Jerry Meyer Moved by Healy, seconded by Schneck, to go into Executive Session to discuss pending 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. EXECUTIVE SESSION (Cont'd.) PENDING LITIGATION/ UNIVERSAL OUTDOOR: ADJOURNMENT: 295. 12/7/92 PAGE SIX Council recessed at 9:19 p.m. Council reconvened at 9:41 p.m. Roll call indicated the following aldermen present: Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. Moved by Haupt, seconded by Healy, that the Interim City Attorney be authorized to proceed as directed in Executive Session regarding the pending litigation with Universal Outdoor, Inc. Motion declared carried. Moved by Sarlo, seconded by Schneck, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:42 p.m. Donna McAllister, CMC/AAE c_ CITY CLERK APPROVED~ t2_ ;).._ DAY OF ' I 1992 if~