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10/05/1998184 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, OCTOBER 5, 1998 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Paul W. Jung at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, October 5, 1998. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. Alderman Beauvais left the meeting at 10:05 p.m. Also present were: City Manager Douthwaite, Assistant to the City Manager Johnson, Director of Finance Egeberg, Fire Chief Farinella, Police Chief Sturlini, Director of Public Works Shirley, City Engineer Oakley, Director of Community Development D'Onofrio, Director of Emergency Communications Ornberg, Assistant City Attorney Bartel, and City Attorney Wiltse. PRAYER AND PLEDGE: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, IDRBs FOR DES PLAINES CIVIC CENTER, MONDAY, OCTOBER 5, 25 EAST 1998 HOWARD: Mayor Jung called the Public Hearing to order at 7:03 p.m. The Public Hearing was being held pursuant to legal notice regarding the proposed issuance of the City's 1998 Industrial Revenue Bond allocation of $1,671,000, which together with an allocation of $2,164,000 from the City of Elmhurst, Illinois, will comprise the total issue of $3,835,000, to finance the acquisition and rehabilitation of facility and acquisition of machinery and equipment for said facility, located at 25 E. Howard Avenue. Discussion: Director of Finance Egeberg reviewed this request from Montana Metal Products, which is a follow up to the action taken by the City Council on April 20, 1998, when they adopted Resolution R-28-98 expressing the City's intent to assist in financing this project. Alderman Brookman asked if the 1% fee to the City was typical by law. Mr. Egeberg stated that the fee is established by City Code. Alderman Brookman asked if the City was under any obligation to the City of Elmhurst; any risk. Mr. Egeberg said no. Alderman Brookman asked when the project would be up and running. Mr. Egeberg said February 1, 1999. Alderman Arredia asked when the 1% fee ($16,710) would be paid. Mr. Egeberg said it would be paid at the closing. Alderman Sarlo asked if any of the City's supported industrial revenue bonds have ever failed. Mr. Egeberg said no. There was no public comment and no written comment had been received by the City Clerk prior to the Public Hearing. This matter will come before the City Council again later in the evening under the Consent Agenda. 185 10/5/98 PAGE TWO IDRBs The Public Hearing was adjourned at 7:06 p.m. (Cont'd.) The City Council reconvened at 7:07 p.m. EXECUTIVE Moved by Arredia, seconded by Smith, to go into Executive SESSION: Session to discuss pending litigation. Upon roll call, the vote was: AYES: 8 -Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. The City Council recessed at 7:08 p.m. The City Council reconvened at 7:41 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. PENDING Moved by Beauvais, seconded by Christiansen, to concur LITIGATION: with consensus in Executive Session that City Manager and Staff be authorized to negotiate consistent with the authority discussed. Motion declared carried. PRESENTATION: Fire Chief Farinella stated that the Des Plaines Fire Department has been working in conjunction with the National Fire Protection Association (NFPA) and fire departments throughout the United States and Canada to implement the first-ever North American fire drill. Fire Chief Farinella encourages all residents to develop a home escape plan and practice this plan with the entire family this Wednesday, October 7th, at 6:00 p.m., during the "The Great Escape." CITIZEN Mr. Bill Walter, 820 Graceland Avenue, addressed the City PARTICIPA.: Council stating that the purchase of the old Library building by the City would be a win-win situation for everyone. Mr. Joe Botte, 560 Webford Avenue, addressed the City Council strongly urging the City Council to buy the old Library building and use it as a senior center. Mr. Dick Sayad, 290 Shannon Court, addressed the City Council regarding the skid marks on his street caused by the Waste Management trucks; even though Waste Management admits it is their fault, they have done nothing except power wash the street, which didn't work; Waste Management has to do something about this; they did it again on Friday; the City has a serious problem here. Mr. Vince Powers, 862 Webster Lane, addressed the City Council stating that the City has a golden opportunity to establish a Des Plaines Community Center at the old Library; the present Senior Center does not receive any tax money; they need your help. CONSENT Alderman Smith requested that Item 1 be removed from the AGENDA: Consent Agenda; City Clerk McAllister requested that Items 7 and 7a be removed; Alderman Sarlo requested that Item 8 be removed; Alderman Arredia requested that Item 9 be removed; and a resident requested that Items 15 and 16 be removed. Moved by Higgason, seconded by Brookman, to establish a Consent Agenda except for Items 1, 7, 7a, 8, 9, 15 and 16. Motion declared carried. pot CON. AGEN. (Cont'd.) MINUTES/ REG. MTG. 9/21/98 MINUTES/ EXE. SESS. 9/21/98 Consent Agenda WASTE MANGE. CONTRACT EXTENSION: Consent Agenda IDRBs/ MONTANA METAL PRODUCTS 25 HOWARD: Consent Agenda Ordinance M-72-98 186 10/5/98 PAGE THREE Moved by Elstner, seconded by Beauvais, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8 -Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-66-98, M-67-98 and Z-9-•98 were adopted; and Ordinances M-72-98, M-73-98 and M-74-98 were placed on First Reading. Alderman Smith requested minutes of the regular meeting of the City Council held September 21, 1998 be amended as follows: Page Seven, "Rent Control/Mobile Home Parks," Paragraph Three, should read, "Alderman Smith stated that the City should not be in the business of regulating the rent that a private business charges." Alderman Smith also requested that Page Ten be amended as follows: "Ordinance Z-8-98/1998 Zoning Ord,," Paragraph Four, Line Five, add "said ordinance still being on Second Reading;." Moved by Smith, seconded by Arredia, to approve minutes of the regular meeting of the City Council held September 21, 1998, AS AMENDED. Motion declared carried. Moved by Elstner, seconded by Beauvais, to approve minutes of the Executive Session of the City Council held September 21, 1998. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with recommendation of Committee of the Whole held September 28, 1998, to extend contract with Waste Management, 350 Sumac Road, P.O. Box 396, Wheeling, IL 60090, for optional fifth year to provide refuse hauling, disposal and recycling services, commencing April 1, 1999, at a total cost of $7.39 (no increase) per month/per household with unlimited pickup. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to authorize issuance of not -to - exceed $3,835,000 Industrial Development Revenue Bonds, Series 1998 (City's allocation of $1,671,000 and allocation of $2,164,000 from the City of Elmhurst) to Montana Metal Products, to finance the acquisition and rehabilitation of facility and acquisition of machinery and equipment for said facility, located at 25 E. Howard Avenue; and further recommend to place on First Reading Ordinance M-72-98, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $3,835,000 AGGREGATE PRINCIPAL AMOUNT VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS (MMP PROPERTIES, L.L.C. PROJECT) SERIES 1998, BY THE CITY OF DES PLAINES, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS; AUTHORIZING THE LENDING OF THE PROCEEDS OF SAID BONDS TO MMP PROPERTIES, L.L.C. FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF A PROJECT CONSISTING OF THE ACQUISITION OF A MANUFACTURING FACILITY WITHIN THE CITY OF DES PLAINES, ILLINOIS, THE REHABILITATION OF SAID MANUFACTURING FACILITY AND THE ACQUISITION OF MACHINERY AND EQUIPMENT FOR USE IN SAID MANUFACTURING FACILITY; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE, A LOAN AGREEMENT, A PLACEMENT AND REMARKETING AGREEMENT, AND A TAX REGULATORY AGREEMENT; APPROVING RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS; AND PRESCRIBING OTHER MATTERS RELATED THERETO. Motion declared carried as approved unanimously under Consent Agenda. TRANSFER OF JURISDICTION OAKTON ST.: Consent Agenda Ordinance M-73-98 SALE BY NWMC AUCTION/ CITY EQUIP.: Consent Agenda Ordinance M-74-98 LICENSE AGREEMENT/ 169 HARVEY: Ordinance M-75-98 ROOF REPAIR SURVEY/CITY HALL PARKING DECK: FENCE VARIATION/ 804 PRAIRIE: PATIO VARIATION/ 169 HARVEY: Consent Agenda PATIO VARIATION/ 179 HARVEY: Consent Agenda BID AWARD/ CENTRAL ROAD PUMP HOUSE ROOF REPAIR: Consent Agenda 187 10/5/98 PAGE FOUR Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to ratify agreement with Illinois Department of Transportation (IDOT) entered into on September 21, 1998, for the transfer of jurisdiction of Oakton Street, from Des Plaines/River Road to Lee Street/Route 12-45, to the City's municipal street system upon completion and acceptance of street reconstruction; and further recommend to place on First Reading Ordinance M-73-98, AN ORDINANCE PROVIDING FOR THE ADDITION OF THE IMPROVEMENT OF OAKTON STREET, FROM EAST EDGE OF PAVEMENT OF LEE STREET/U.S. ROUTE 12/45 TO WEST EDGE OF PAVEMENT OF DES PLAINES/RIVER ROAD, TO THE CITY OF DES PLAINES MUNICIPAL STREET SYSTEM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to authorize to sell by auction through Northwest Municipal Conference on Saturday, October 24, 1998, eight (8) surplus City -owned vehicles (one -Public Works, three -Building Department, two - Engineering, one-EMA, one -Police); and further recommend to place on First Reading Ordinance M-74-98, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. City Clerk McAllister announced that the request for a license agreement to permit installation of a new driveway apron constructed of brick pavers in the public right-of-way on property located at 169 E. Harvey Avenue, will be heard at the next meeting of the City Council on October 19, 1998. Moved by Sarlo, seconded by Brookman, that the request for a delamination survey for the top level of the parking structure located behind City Hall, be held for discussion under Committee of the Whole later in the evening. Motion declared carried. Moved by Arredia, seconded by Brookman, that the request for a Fence Variation for property located at 804 Prairie Avenue, be held for discussion under Committee of the Whole later in the evening. Motion declared carried. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 515.0 of the Building Code to permit reconstruction of existing 13' x 44' patio on property located at 169 E. Harvey Avenue, that would contain a total area of approximately 483.4 sq. ft. (Code permits patios to have a total area of up to 344 sq. ft.). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 515.0 of the Building Code to permit reconstruction of existing 20.58' x 27.17' patio, on property located at 179 E. Harvey Avenue, that would contain a total area of approximately 550 sq. ft. and extend 20.58' from the building foundation (Code permits patios to have a total area of up to 344 sq. ft. and extend 15' from the building foundation). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to award bid for Central Road Pump House Roof Replacement to the lowest bidder, Mader Roofing Company, 210 Chicago, Oak Park, IL 60302, for the base bid amount of $6,450, plus fascia and gutter replacement costs of $3.50 and $18.00 per foot, as DYA ROOF (cont'd.) BID AWARD/ CERAMIC TILE FIRE STA. #1: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda RESOLUTION R-60-98 RATIFY FIRE UNION CONTRACT: '40 CQ_Va r4 - P44/( 188 10/5/98 PAGE FIVE necessary/1998 Water Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to award bid for Ceramic Tile for Fire Station #1 to the lowest bidder, L&M Builders, 881 E. Grant Drive, Des Plaines, in the total bid amount of $8,919/1998 Budget. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Janitorial Contract for the I)es Plaines Transit Center, returnable by 3:00 p.m., Friday, October 23, 1998. Motion declared carried as approved unanimously under Consent Agenda. Mr. Ted Sherwood, 675 Pearson Street, addressed the City Council asking what the starting salary is for a fireman as of May 1, 1998. City Manager Douthwaite stated $48,500. Mr. Sherwood asked how many departments have longevity. City Manager Douthwaite stated that it has been eliminated in all departments except for Fire and Police. Mr. Sherwood asked what the purpose is for longevity. City Manager Douthwaite stated that it is like a bonus for serving a certain length of time with the City Mr. Sherwood stated that he was dismayed to learn that Alderman Brookman would vote on an issue that would indirectly or directly affect her husband; is concerned that this might be a conflict of interest; did this not come up at all. Alderman Brookman stated that yes her husband is a fireman who has served the community for 24 years and she is very proud of that; he is not part of any bargaining group nor is he covered by any Union contract, so she can vote; there is no conflict of interest. Mr. Sherwood asked City Attorney Wiltse if he had a legal opinion regarding that matter. City Attorney Wiltse stated to Alderman Brookman that since whatever the bargaining unit gets the non-union officers get, in that case she should abstain. Alderman Brookman stated that before each vote she asked for City Attorney Wiltse's legal counsel. City Attorney Wiltse stated that he did not recall that, but in this case, there should have been an abstention. Alderman Higgason stated that she questioned this matter, so it was looked at; she received the answer from Alderman Brookman as she just stated, but she wasn't happy with the answer. Mr. Sherwood stated that he thinks it is disingenuous of Alderman Brookman to imply that the raises that are given to the union will not have a direct bearing upon the raises that will be given to the officers; the City is not being well served when, in his opinion, there is such an obvious conflict of interest. Moved by Higgason, seconded by Elstner, to adopt Resolution R-60-98, A RESOLUTION RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE DES PLAINES PROFESSIONAL FIREFIGHTERS ASSOCIATION (EFFECTIVE MAY 1, 1998 THROUGH APRIL 30, 2001) . Alderman Brookman asked City Attorney Wiltse if she should abstain from voting on this matter. City Attorney Wiltse said yes. AMENDED ON OCTOBER 19, 1998 TO ADD: * - "Alderman Brookman asked that the record show that th0( e actual starting salary of a firefighter is $34,490." ** - "Alderman Brookman also stated that when she voted on the contract it was on the advice of the City Attorney; she took her lead from City Attorney Dave Wiltse." 1 1 R-60-98 (Cont'd.) ORDINANCE M-76-98 COMPENSATION PLAN, FIRE UNION EMPL.: ORDINANCE M-66-98 FIRE TRAINING OFFICERS: Consent Agenda ORDINANCE M-67-98 LICENSE AGREEMENT/ 394 CORNELL: Consent Agenda ORDINANCE Z-9-98 VARIATION/ 3055 STILLWELL: Consent Agenda ORDINANCE M-72-98 IDRBs/ MONTANA METAL PROD.: 189 10/5/98 PAGE SIX Upon roll call, the vote was: AYES: 7 -Beauvais, Christiansen, Elstner, Higgason, Sarlo, Smith, Arredia NAYS: 0 -None ABSTAIN:1-Brookman ABSENT: 0 -None Motion declared carried. Moved by Christiansen, seconded by Elstner, to place on First Reading Ordinance M-76-98, AN ORDINANCE AMENDING SECTION 1-15-4 "CLASSIFICATION PLAN TO THE CITY SERVICE," OF CHAPTER 15, TITLE I, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "FIRE GROUP - SALARY SCHEDULE I, EFFECTIVE MAY 1, 1998 TO APRIL 30, 1999;" "FIRE GROUP - SALARY SCHEDULE I, EFFECTIVE MAY 1, 1999 TO APRIL 30, 2000" AND "FIRE GROUP - SALARY SCHEDULE I, EFFECTIVE MAY 1, 2000 TO APRIL 30, 2001." Motion declared carried. Alderman Brookman abstained. (final action on this matter under Unfinished Business on October 19, 1998) Moved by Elstner, seconded by Beauvais, to adopt Ordinance M-66-98, AN ORDINANCE AMENDING SCHEDULE I -A "FIRE GROUP," EFFECTIVE FROM MAY 1, 1998 TO APRIL 30, 1999, OF SECTION 1-15-4 "CLASSIFICATION PLAN TO THE CITY SERVICE," CHAPTER 15, TITLE I, OF THE CITY CODE OF :DES PLAINES, TO ADD THERETO THE POSITIONS OF "FIRE LIEUTENANT ASSIGNED ASSISTANT TRAINING OFFICER" AND "FIRE CAPTAIN ASSIGNED TRAINING OFFICER." Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance M-67-98, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH JOHN AND JOLYNN METZGER FOR THE INSTALLATION OF A FENCE IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 394 CORNELL, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance Z-9-98, AN ORDINANCE GRANTING A VARIATION TO SECTIONS 3.2.4.2 AND 3.1.2.11 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE RECONSTRUCTION OF A DETACHED GARAGE MEASURING 19.38 FEET BY 33.76 FEET WITH 2.9 FEET FROM THE SIDE PROPERTY LINE INSTEAD OF THE REQUIRED 5 FEET IN R-2 SINGLE FAMILY RESIDENTIAL DISTRICT FOR THE PROPERTY COMMONLY KNOWN AS 3055 STILLWELL DRIVE (CASE NO. 98-20-V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to advance to Second Reading and adopt Ordinance M-72-98, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $3,835,000 AGGREGATE PRINCIPAL AMOUNT VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS (MMP PROPERTIES, L.L.C. PROJECT) SERIES 1998, BY THE CITY OF DES PLAINES, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS; AUTHORIZING THE LENDING OF THE PROCEEDS OF SAID BONDS TO MMP PROPERTIES, L.L.C. FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF A PROJECT CONSISTING OF THE ACQUISITION OF A MANUFACTURING FACILITY WITHIN THE CITY OF DES PLAINES, ILLINOIS, THE REHABILITATION OF SAID MANUFACTURING FACILITY AND THE ACQUISITION OF MACHINERY AND EQUIPMENT FOR USE IN SAID MANUFACTURING FACILITY; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE, A LOAN AGREEMENT, A PLACEMENT AND REMARKETING AGREEMENT, AND A TAX REGULATORY AGREEMENT; APPROVING RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS; AND PRESCRIBING OTHER MATTERS RELATED THERETO. Upon roll call, the vote was: AYES: 8 -Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. IDOT AGREE./ ROUTE 83 (ELMHURST ROAD) IMPRV.: FENCE & PARKING PAD VARIATION/ 893 WALNUT: 190 10/5/98 PAGE SEVEN MAYOR JUNG DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE ENGINEERING - Alderman Elstner, Chair City Engineer Oakley reviewed the matter that was discussed and approved by the Committee of the Whole on September 21, 1998, regarding the proposed resurfacing and intersection improvements along Illinois Route 83 (Elmhurst Road) from I-90 (northwest Tollway) to Illinois Route 58 (Golf Road), at a cost to the City of $12,151, MFT Funds. This matter was held to give IDOT more time to notify the businesses along Route 83 of how this project will impact their business; Ordinances M-68-98, M-69-98 and M-70-98 were placed on First Reading and Resolution R-57-98 was held. A discussion followed on the changes proposed for Fuller's Car Wash, 771 Algonquin Road; Citgo Station, 795 Golf Road; and Firestone, 783 Golf Road. Alderman Higgason questioned the proposed change at the intersection of Kathleen Drive and Route 83, at the entrance to the former Venture Store. It was agreed that Staff and IDOT representatives would meet with these business owners to clarify and work out any changes that might be possible to the proposed improvements that would impact their business. Moved by Beauvais, seconded by Arredia, to recommend to the City Council that Ordinances M-68-98, M-69-98, M-70- 98 and Resolution R-57-98 be adopted at appropriate time this evening pending any changes to the proposed resurfacing and intersection improvements along Illinois Route 83 (Elmhurst Road) from I-90 (Northwest Tollway) to Illinois Route 58 (Golf Road), at a cost to the City of $12,171/MFT Section 98 -00176 -00 -PV. Motion declared carried. BUILDING CODE - Alderman Arredia, Chair Director of Community Development D'Onofrio reviewed his memo of September 14, 1998, regarding a request for a Fence Variation, for property located at 893 Walnut Court, to permit construction of a 6' high, privacy fence on the property line along the secondary front yard on Third Avenue. Director D'Onofrio stated that the petitioner has modified his request to a 5' high fence, 50% open, 7' back to the building line. Director D'Onofrio stated that the petitioner is also requesting a Parking Pad Variation to permit construction of a 12' x 27' asphalt parking pad with a total area of 324 sq. ft. at the rear of the property. Moved by Elstner, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council approval of request for Variation to Section 6-7-1 of the City Code to permit construction of a 5' high fence, 50% open, with a 45 degree angle at the southeast corner, 7' from the property line, in the secondary front yard along Third Avenue; and further recommend approval of request for a Variation to Section 111.7.1 of the Building Code to permit construction of a 12' x 27' asphalt parking pad with a total area of 324 sq. ft. on the west side of the garage at the rear of the lot; all on property located at 893 Walnut Court. Motion declared carried. vmk 191 10/5/98 PAGE EIGHT CIRCULAR Director of Community Development D'Onofrio reviewed his DRIVEWAY memo of September 29, 1998, regarding an after -the -fact VARIATION/ request for one-for-one replacement of circular driveway 555 on property located at 555 Trailside Lane. Director TRAILSIDE: D'Onofrio stated that the petitioner continued to resurface the driveway with gravel even though a stop work order was in effect; the petitioner claims he was only doing maintenance on the driveway; the petitioner is also requesting relief from the requirement that the driveway be paved since it always has been gravel. Director D'Onofrio stated that the Staff is recommending that the petitioner pay a fine of $500, pave the entire driveway, and an engineering site plan be provided. FENCE VARIATION/ 804 PRAIRIE: Petitioner Richard Redella addressed the Committee of the Whole and presented pictures of the driveway that has been in place since 1907. Moved by Brookman, seconded by Beauvais, to recommend to the City Council to grant request for an after -the -fact Variation to Section 111.7.1 of the Building Code to permit that the improvements made are considered to be maintenance and not a one-for-one replacement of the circular driveway; and no engineering site plan be required Motion declared carried. Director of Community Development D'Onofrio reviewed his memo of September 14, 1998, regarding a request for an after -the -fact Variation to make legal two (2) existing 6' high, privacy fences; one is located in the front yard along Prairie Avenue and the other is in the secondary front yard along Fourth Avenue. Director D'Onofrio stated that Staff is not opposed to the fence along Prairie Avenue, but is opposed to the fence along Fourth Avenue, which can be removed entirely or the height reduced down to 4' and remove a number of boards to make it 50% open. Petitioner Nick Bottis addressed the Committee of the Whole stating that he would happy to cut the fence along Fourth Avenue down to 4' and angle it 45 degrees by the garage. Mr. Len Dempster, 833 Prairie Avenue, addressed the Committee of the Whole stating his support of this request; Mr. Bottis is trying to improve his property; the residents in the area feel he is trying to improve his property. Alderman Brookman stated that maybe the aldermen should look at the fence requirement for corner lots. Alderman Christiansen stated that the aldermen should also look at the fines. Moved by Christiansen, seconded by Smith, to recommend to the City Council to deny request for an after -the -fact Variation to Section 6-7-1 of the City Code to make legal an existing 6' high privacy fence in the secondary front yard along Fourth Avenue (Code permits front yard fences to not exceed 3.5' in height and be at least 50% open), on property located at 804 Prairie Avenue. Motion declared carried. Aldermen Elstner and Arredia voted no. Moved by Smith, seconded by Christiansen, to recommend to the City Council to deny request for an after -the -fact Variation to Section 6-7-1 of the City Code to make legal an existing 6' high privacy fence in the front yard on property located at 804 Prairie Avenue (Code permits front yard fences to not exceed 3.5' in height and be at least 50% open). Motion declared failed. Aldermen Christiansen, Sarlo, and Smith voted yes. AMENDED ON OCTOBER 19, 1998 TO ADD: "and resident be allowed to reasonable maintain the existing circular drive." 1 11 192 10/5/98 PAGE NINE 804 PRAIRIE Moved by Higgason, seconded by Brookman, to recommend to (Cont'd.) the City Council to Grant request for an after -the -fact Variation to Section 6-7-1 of the City Code to make legal an existing 6' high privacy fence in the front yard on property located at 804 Prairie Avenue (Code permits front yard fences to not exceed 3.5' in height and be at least 50% open). Motion declared carried. Aldermen Christiansen, Sarlo and Smith voted no. PUBLIC SAFETY - Alderman Smith, Chair CITIZEN- Director of Emergency Communications Ornberg reviewed her EMPLOYEE memo of September 28, 1998, regarding the implementation NOTIFICATION of a Citizen/Employee Notification Program that is being PROGRAM: recommended by both the Staff of the City of Park Ridge and City of Des Plaines, and which would be used for emergency or informational announcements and to allow the recall of selected employees for special circumstances. MAYOR'S RIGHT TO VOTE: Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation and recommend to the City Council to approve the implementation of a Citizen/Employee Notification Program and award the contract to the sole source, Dialogic Communications Corporation, 381 Riverside Drive, Third Floor, Franklin, TN 37064, in the total amount of $43,250 to be shared 50-50 with the City of Park Ridge; City's total cost to be $21,625/ Contingency Fund. Motion declared carried. LEGAL & LICENSING - Alderman Beauvais, Chair Moved by Beauvais, seconded by Brookman, that the matter of the Mayor's right to vote be held for discussion in the Committee of the Whole on October 19, 1998. Motion declared carried. FINANCE & ADMINISTRATION - Alderman Christiansen, Chair WARRANT Moved by Higgason, seconded by Smith, to recommend to the REGISTER: City Council approval of October 5, 1998 - Warrant Register in the amount of $1,919,913.26, which includes $161.55 in expenditures to Home Depot; and further recommend that Resolution R-61-98 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving the $161.55 in expenditures to Home Depot - conflict of interest). PUBLIC WORKS - Alderman Higgason, Chair ROOF REPAIR Director of Public Works Shirley reviewed his memo of SURVEY/CITY September 29, 1998, regarding the need for a delamination HALL PARKING survey on the top level of the parking structure located DECK: behind City Hall. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation and recommend to the City Council that it would be in the best interest of the City to waive usual bid procedures and accept proposal from Walker Parking Consultants, 505 Davis Road, Elgin, IL 60123, for engineering services to perform a delamination survey on the top level of the parking structure located behind City Hall; said survey to include recommended maintenance -repair work and determine the cost of the maintenance -repair; all at a cost not -to -exceed $5,700/Building and Grounds Fund. Motion declared carried. ORDINANCE Z-10-98 SPECIAL USE/ 1552 RAND: 1999-2003 CAPITAL IMPROVE. PROGRAM: RESOLUTION R-57-98 AUTH. MFT FUNDS FOR ROUTE 83 IMPROV.: ORDINANCE M-68-98 PARKING RESTRICTION/ ROUTE 83 IMPROV. ORDINANCE M-69-98 PROHIB. WASTE DISCHARGE/ ROUTE 83 IMPROV.: ORDINANCE M-70-98 PROHIB. ENCROACH./ ROUTE 83 IMPROV.: 193 10/5/98 PAGE TEN MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Beauvais, seconded by Sarlo, that First Reading on Ordinance Z-10-98, AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF A GASOLINE FILLING STATION AND A 7-11 FOOD STORE IN C-2 COMMERCIAL DISTRICT ON THE PROPERTY COMMONLY KNOWN AS 1552 RAND ROAD (CASE NO. 98 -11 -SU), be discussed by the Committee of the Whole on October 19, 1998 (this matter was approved by the City Council on September 21, 1998). Motion declared carried. Moved by Elstner, seconded by Sarlo, to concur with recommendation of Committee of the Whole held September 28, 1998, to approve proposed 1999-2003 Capital Improvement Program. Upon roll call, the vote was: AYES: 8 -Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Elstner, seconded by Sarlo, to adopt Resolution R-57-98, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE APPROPRIATION OF SUFFICIENT FUNDS FOR THE CITY'S SHARE OF MFT SECTION 98 -00176 -00• -PV IMPROVEMENT. Upon roll call, the vote was: AYES: 8 -Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Elstner, seconded by Smith, to adopt Ordinance M-68-98, AN ORDINANCE RESTRICTING PARKING ALONG ELMHURST ROAD, BETWEEN I-90 AND GOLF ROAD, WITHIN THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 8 -Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Elstner, seconded by Sarlo, to adopt Ordinance M-69-98, AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSTRUCTED AS A PART OF THE ILLINOIS ROUTE 83 (ELMHURST ROAD) IMPROVEMENT. Upon roll call, the vote was: AYES: 7 -Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1 -Beauvais Motion declared carried. Moved by Elstner, seconded by Sarlo, to adopt Ordinance M-70-98, AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT OF WAY ALONG ILLINOIS ROUTE 83 (ELMHURST ROAD). Upon roll call, the vote was: AYES: 7 -Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1 -Beauvais Motion declared carried. pAtA 194 10/5/98 PAGE ELEVEN FENCE & Moved by Arredia, seconded by Elstner, to concur with PARKING PAD recommendation of Committee of the Whole to grant request VARIATION' for Variation to Section 6-7-1 of the City Code to permit 893 WALNUT: construction of a 5' high fence, 50% open, with a 45 degree angle at the southeast corner, 7' from the property line, in the secondary front yard along Third Avenue; and further grant request for a Variation to Section 111.7.1 of the Building Code to permit construction of a 12' x 27' asphalt parking pad witha total area of 324 sq. ft. on the west side of the garage at the rear of the lot; all on property located at 893 Walnut Court. Motion declared carried. CIRCULAR Moved by Arredia, seconded by Brookman, to concur with DRIVEWAY recommendation of Committee of the Whole to grant request VARIATION/ for an after -the -fact Variation to Section 111.7.1 of the 555 Building Code, for property located at 555 Trailside, to TRAILSIDE: permit that the improvements made are considered to be maintenance and not a one-for-one replacement of the CQV/.04 circular driveway; and no engineering site plan be 0°07 required Motion declared carried. FENCE Moved by Higgason, seconded by Christiansen, to concur VARIATION/ with recommendation of Committee of the Whole to deny 804 PRAIRIE: request for an after -the -fact Variation to Section 6-7-1 of the City Code to make legal an existing 6' high Fourth Ave. privacy fence in the secondary front yard along Fourth Fence Avenue (Code permits front yard fences to not exceed 3.5' in height and be at least 50% open), on property located at 804 Prairie Avenue. Upon roll call, the vote was: AYES: 5 -Christiansen, Higgason, Brookman, Sarlo, Smith NAYS: 2-Elstner, Arredia ABSENT: 1 -Beauvais Motion declared carried. Prairie Ave. Moved by Higgason, seconded by Brookman, to concur with Fence recommendation of Committee of the Whole to grant request for an after -the -fact Variation to Section 6-7-1 of the City Code to make legal an existing 6' high privacy fence in the front yard on property located at 804 Prairie Avenue (Code permits front yard fences to not exceed 3.5' in height and be at least 50% open) . Upon roll call, the vote was: AYES: 5-Elstner, Higgason, Brookman, Sarlo, Arredia NAYS: 2 -Christiansen, Smith ABSENT: 1 -Beauvais Motion declared carried. WARRANT Moved by Christiansen, seconded by Arredia, to concur REGISTER: with recommendation of Committee of the Whole to adopt Resolution R-61-98, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R-61-98 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $1,919,913.26, which includes $161.55 in expenditures to Home Depot. Upon roll call, the vote was: AYES: 7 -Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1 -Beauvais Motion declared carried (Alderman Elstner abstained on approving the $161.55 in expenditures to Home Depot). ROOF REPAIR Moved by Higgason, seconded by Christiansen, to concur SURVEY/CITY with recommendation of Committee of the Whole that it HALL PARKING would be in the best interest of the City to waive usual DECK: bid procedures and accept proposal from Walker Parking Consultants, 505 Davis Road, Elgin, IL 60123, for engineering services to perform a delamination survey on the top level of the parking structure located behind City Hall; said survey to include recommended maintenance -repair work and determine the cost of the AMENDED ON OCTOBER 19, 1998 TO ADD: "and resident be allowed to reasonably maintain the existing circular drive." 1 1 1 1 1 1 ROOF REPAIR (Cont'd.) QUESTIONNAIRE RE MODIFIED VOLUME SVS. FOR GARBAGE PICKUP: ADJOURNMENT: 195 10/5/98 PAGE TWELVE maintenance -repair; all at a cost not -to -exceed $5,700/ Building & Grounds Fund. Upon roll call, the vote was: AYES: 7 -Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1 -Beauvais Motion declared carried. Moved by Higgason, seconded by Smith, that Staff be authorized to send a questionnaire to all residents regarding interest in a modified volume service (less cost, less service) for garbage pickup; said questionnaire to be paid for through Keep Illinois Beautiful 1995 Grant funds. Upon roll call, the vote was: AYES: 6 -Christiansen, Sarlo, Smith, Arredia NAYS: 1 -Brookman ABSENT: 1 -Beauvais Motion declared carried. Elstner, Higgason, Moved by Christiansen, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:27 p.m. APPROVED BY ME THIS 24 -Th , 1998 Donna McAllister, CMC/AAE - CITY CLERK