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05/15/1989114. 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, MAY 15, 1989 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 8:04 P.M.in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 15, 1989. ROLL CALL: Roll Call indicated the following Aldermen present: Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. Also present were: City Treasurer Fredricks, City Manager Asaro, City Comptroller Peters, Commissioner of Public Works Matula, Fire Chief Clark, Deputy Police Chief Storm, Municipal Development Director Pagones, City Engineer Oakley, Human Resources and Services Director Donahue, and City Attorney Smith. PRAYER AND PLEDGE: The opening prayer was given by Pastor James Jackson, Christ Church, followed by the Pledge of Allegiance to the Flag. PRESENTATION: Mayor Albrecht presented a check to Deputy Police Chief Storm and O.D. Swanson in the amount of $5,330 (the balance of 18% for a total of $6,500 to follow) for the Des Plaines Police Boys Club. Also assisting with the presentation was Police Sargent Larry Zumbrock Youth Bureau, and City Treasurer Ken Fredricks, a founder of the Des Plaines Police Boys Club. MINUTES: Moved by Sarlo, seconded by Schneck, that since 0. D. Swanson will be retiring from his involvement with the D. P. Police -'Boys Club that an appropriate plaque be presented to Mr. Swanson in grateful appreciation for his many years of service to the Des Plaines Police Boys Club. Motion declared carried. Moved by Sarlo, seconded by Wetter, to approve Minutes of the regular meeting of the City Council held on May 1, 1989, as published. Motion declared carried. BILLS PAYABLE: 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: $502,414.91. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. INSURANCE: Moved by Schneck, seconded by Sarlo, to adopt the recommendation of the Finance Committee that the Mayor and City Clerk be authorized to execute appropriate documents to retain American HMO, 19740 Governors Highway, Flossmoor, IL 60422, as a health benefit option for City employees at $109.22/single and $298.57/family coverage per month. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. SPECIAL SERVICE DISTRICT #1: ZONING CASE 88-49-V 1800 LEE ST: ZONING CASE 89-11-V 2300 E. DEVON: KUHLMAN-FRASE RESUBDIVISION 1703-15 LINCOLN AVENUE: C. W. PROPER- TIES -CHICAGO SUBDIVISION 1600 SHERWIN: ALLEY VACATION LEE & PERRY: ZONING CASE 88 -40 -SU 720 CENTRAL: 115. 5/15/89 PAGE TWO Moved by Schneck, seconded by Childers, to adopt the recommendation of the Finance Committee that the City establish Special Service District #1, bounded by Lee Street, Prairie Avenue, Graceland Avenue and Ellinwood Street with certain territory excluded, to provide special municipal services to include replacing overhead utility service facilities with underground service facilities, and landscaping and site improvement work in conjunction with replacement of overhead utility service facilities, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt the recommendation of the Municipal Development Committee to concur with the Des Plaines Zoning Board of Appeals re Case 88-49-V to grant request for variation to allow erection of a church building to exceed the 35' height limitation by 14' to a height of 49' on propertl, commonly known as 1800 Lee Street (Holy Virgin Protection Cathedral), and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt the recommendation of the Municipal Development Committee to concur with the Des Plaines Zoning Board of Appeals re Case 89-11-V to grant request for variation to allow installation of a roof antenna tower 36' tall in C-2 Commercial District on property commonly known as 2300 E. Devon Avenue (Federal Aviation Administration), and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt the recommendation of the Municipal Development Committee to concur with the Des Plaines Plan Commission to approve plat of Kuhlman-Frase Resubdivision, 1703- 1715 Lincoln Avenue, and Mayor and City Clerk be authorized to execute same. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt the recommendation of the Municipal Development Committee to concur with the Des Plaines Plan Commission to approve plat of C. W. Properties - Chicago Subdivision, 1600 Sherwin Avenue, and Mayor and City Clerk be authorized to execute same. Motion declared carried. Moved by Sarlo, seconded by Childers to adopt the recommendation of the Municipal Development Committee that the City vacate the alley bordered by 540, 548, 552 and 560 Lee Street and 1489 Perry Street excluding the westerly one half portion of the 16' of the alley closest to Lee Street and Perry Street; sell this alley to Louis Capozzoli, 1516 Miner Street, Des Plaines, IL, for the appraised amount of $9,000; and Ordinance M-13-89 be adopted at appropriate time this evening. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt the recommendation of the Municipal Development Committee to concur with the Des Plaines Plan Commission and Zoning Board of Appeals re Case 88 -40 -SU to grant request for Special Use to allow an erection of a canopy over gas station island pumps on property commonly known as 720 E. Central Road contingent upon payment of required permit fees, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. CHAMBER OF COMMERCE FARMER'S MARKET: CHAMBER OF COMMERCE PARADE: WATER MAIN RELOCATION/ E. RIVER RD.: TRAFFIC STUDY/ OAKTON-LEE MANNHEIM AREA: SANITARY SEWER SYSTEM IMPROV./ CHANGE ORDER #1: 116. 5/15/89 PAGE THREE Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of the Engineering Committee to grant request from Chamber of Commerce to use City Parking Lot #5 (Perry Street at River Road) on Saturdays from 7:00 A.M. to 1:00 P.M. beginning July 8, 1989 and continuing through Saturday, October 28, 1989 for their annual Farmer's Market event. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of the Engineering Committee to authorize Mayor and City Clerk to execute resolution for the annual Des Plaines Chamber of Commerce and Industry Independence Day Parade on July 4, 1989 from 10:00 A.M. to 1:00 P.M., authorizing the closing of Lee/Mannheim Road between Forest Avenue and Prairie Avenue and to forward resolution to IDOT for approval, and the Chamber to provide insurance to hold the City harmless for accidents and/or injuries as result of parade. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of the Engineering Committee that the Engineering Department obtain a proposal from Cook County Highway Department's low responsible bidder to relocate approximately 300' of City's 8" water main at Rand Road and E. River Road (Bender Road) as part of the County's E. River Road (Bender Road) improvements project; Engineering Department to then evaluate the cost and make a recommendation to the Engineering Committee for approval of the cost and agreement with County to do the work. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of the Engineering Committee that City Clerk be authorized to sign Supplemental Resolu- tion in the amount of $4,000/MFT Section No. 89-00155- 00 EG and accept proposal from Metro Transportation Group, Inc., 113 Fairfield Way, Bloomingdale, IL 60108, ,to perform Oakton Street/Lee-Mannheim Road Area Compre- hensive Traffic Study for a total not -to -exceed amount of $19,000 ($16,000 was previously approved by Council on February 21, 1989. by MFT Resolution) and Mayor and City Clerk to execute agreement. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee to accept proposal from City's sewer rehabilitation contractor, Visu-Sewer Clean & Seal, Inc., N59 W14397 Bobolink Avenue, Menomonee Falls, WI 53051, to determine the condition of City's 27' storm sewer along the east side of Wolf Road (by televising) at a cost of 75 per foot for the length of 2600' for a total amount of $1,950/ Sewer Bond Account, as Change Order #1 to Sanitary Sewer System Improvements Project on Wolf Road between Euclid and Rand Roads, and Mayor and City Clerk be authorized to execute agreement. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. MINER STREET LIGHTING/ GRACELAND TO RIVER: PARKING LOT #1/UTILITY RELOCATION: PARKING LOT #1/RECON- STRUCTION: ADDENDUM TO IDOT LETTER OF UNDERSTANDING/ RIVER ROAD IMPROVEMENT: 117. 5/15/89 PAGE FOUR Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee that City Clerk be authorized to sign Supplementatl Resolu- tion in the amount of $15,000/MFT Section No. 89-00157- 00 LT, and accept proposal from Neil W. Eash & Associates, Inc., 390 E. Higgins Road, Elk Grove Village, IL 60007, to perform Design and Construction Engineering for improvement to street lighting along Miner Street from Graceland Avenue to River Road, in the amount not -to -exceed $14,000, and Mayor be auth- orized to execute agreement. Upon roll call, the vote was: AYES: 8 -Childers, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Christiansen, Wetter, Schneck, Moved by Christiansen, seconded -by Chiropolos, to adopt recommendation of Engineering Committee to accept proposal from Neil W. Eash & Associates, Inc., 390 E. Higgins Road, Elk Grove Village, IL 60007, to perform Design and Construction Engineering for relo- cation of all overhead facilities to underground facilities in the block bounded by Graceland Avenue, Prairie Avenue, Lee Street and Ellinwood Street, City Parking Lot #1, in the amount not -to -exceed $25,000 (public portion to come from TIF Account and private portion from Special Service District #1 approved earlier this evening), and Mayor be authorized to execute agreement. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee that City Clerk be authorized to sign Supplemental Resolu- tion in the amount of $20,000/MFT Section No. 89-00156- 00 PK, and accept proposal from Neil W. Eash"& Associates, Inc., 390 E. Higgins Road, Elk Grove Village, IL 60007, to perform Design and Construction Engineering Services for reconstruction of City Park- ing Lot #1 on the east side of Graceland Avenue betweer Ellinwood Street and Prairie Avenue, in the amount not -to -exceed $19,000, and Mayor be authorized to execute agreement. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee to approve Addendum to Letter of Understanding between IDOT and the City of March 3, 1986 for improvement of Route 45 from Golf Road north to Willow Road, to extend expiration date to July 1, 1992, and Mayor be authorized to execute Addendum. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. LOAD LIMIT & PARKING RESTRICTIONS/ OAKWOOD AVE.: LIFT STATION MODIFICATIONS/ CHANGE ORDER #1: EXECUTIVE SESSION: SETTLEMENT AGREEMENT/ MT. PROSPECT ROAD: SALARY ADJUSTMENTS: PARKING ENFORCEMENT/ PARK DISTRICT: 118. 5/15/89 PAGE FIVE Moved by Christiansen, seconded by Chiropolos, to adopt recommendation of Engineering Committee to approve 3 -Ton Load Limit on Oakwood Avenue from Lee/ Mannheim Road to Center Street, and "No Parking Between Signs" be posted in front of 1380 Oakwood Avenue from 50' west of the centerline of Center Street to 183' west of the centerline of Center Street, north side only, and City Attorney be authorized to draft necessary ordinances. Motion declared carried. Moved by Christiansen, seconded by Chiropolos, to adopt recommendation of Engineering Committee to grant request for extension to contract with Mosele & Associates, Inc., 551 Edens Lane, Northfield, IL 60093, for Lift Station modifications at Algonquin Road and River Road at Harding Avenue pumping station, from April 15, 1989 to June 15, 1989 (61 calendar days), and Mayor and City Clerk be authorized to execute Change Order #1. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Haupt, seconded by Sarlo, to go into Executive Session to discuss pending litigation, potential land acquisition and personnel matters. Moved by Sarlo, seconded by Wetter, that the City Clerk be allowed to attend all Executive Sessions for the purpose of taking the minutes. Motion declared carried. Motion declared carried on the original motion. Council recessed at 8:40 P.M. Council reconveyed at 9:35 P.M. Moved by Haupt, seconded by Schneck, that the Mayor and City Clerk be authorized to execute Settlement Agreement re Dembo, et al. v. Des Plaines. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Schneck, seconded by Sarlo, to concur with Administration's recommendation for salary adjustments for employees covered under Schedule 1-A, 11-A, III, IV, V, and VI -A; certain amendments be made to Title I, Chapter 15, Section 1-15-1 through 1-15-11; and City Attorney be authorized to draft necessary ordi- nance. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Haupt, seconded by Schneck, to adopt the recommendation of the License & Judicial Committee to grant request from Des Plaines Park District to allow their Security Officers to issue tickets for parking violations on Park District property during the summer season (May 27 - September 4) and revenue to go to the City. Motion declared carried. 119. 5/15/89 PAGE SIX OPEN MEETINGS Moved by Haupt, seconded by Wetter, to adopt the ACT: recommendation of the License & Judicial Committee that the City Attorney be authorized to draft necessary ordinance to require the Mayor and City Council to meet twice a year, January and July, to review the minutes of all closed sessions to determine if the need for confidentiality still exists or that the minutes no longer require confidential treatment and may be released for public inspection, which brings the City into compliance with the Illinois Open Meet- ings Act. Motion declared carried. PUBLIC Moved by Haupt, seconded by Wetter, to adopt the COMMENT AGENDA recommendation of the License & Judicial Committee ITEM: that City Attorney be authorized to draft necessary ordinance to amend Rule XXVII of Section 1-6-9 of the City Code that any member of the public may address the City Council on a specific topic for not more than five (5) minutes after receiving permission from their Alderman or the Mayor and by the affirmative motion of the City Council. After considerable discussion, moved by Chiropolos, seconded by Childers, that this motion be tabled. Upor roll call, the vote was: AYES: 3 -Childers, Christiansen, Chiropolos NAYS: 5 -Wetter, Schneck, Hardiman, Sarlo, Haupt ABSENT: 0 -None Motion declared lost. After further discussion, moved by Sarlo, seconded by Haupt, to call for the question. Motion declared carried. Upon roll call on the original motion, the vote was: AYES: 5 -Wetter, schneck, Hardiman, Sarlo, Haupt NAYS: 3-childers, Christiansen, Chiropolos ABSENT: 0 -None Motion declared carried. PROHIBITED Moved by Haupt, seconded by Schneck, to adopt the VENDING recommendation of the License & Judicial Committee MACHINES: that no action be taken on the request to amend the City Code to allow the placement of vending machines for condoms and novelties in various establishments. Motion declared carried. COLLECTION Moved by Haupt, seconded by Schneck, to adopt the BOXES IN recommendation of the License & Judicial Committee SHOPPING that no action be taken on the request for regulations CENTERS: on placement and maintenance of collection boxes in shopping center parking lots since controls are alread3 in place. Motion declared carried. EVALUATION Moved by Haupt, seconded by Wetter, to adopt the OF MEMBERSHIP recommendation of the License & Judicial Committee ON COMMISSIONS: that no action be taken on the request to evaluate memberships on commissions where they have served terms of significant lengths since there is control in the reappointment process. Motion declared carried 120. 5/15/89 PAGE SEVEN SANITARY SEWER Moved by Childers, seconded by Wetter, to adopt the IMPROVEMENTS: recommendation of the Public Works Committee to concur with recommendation of Commissioner of Public Works to award bid for Sanitary Sewer Improvements at 1111 Joseph Schwab Road to the lowest bidder to meet specifications, Suburban General Construction, Inc., 3435 Vernon Avenue, Brookfield, IL 60513, in the amount of $26,448.50, and bid bonds/checks be returned to unsuccessful bidders. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. BOILER REPAIR/ Moved by Childers, seconded by Wetter, to adopt the WEST SCHOOL: recommendation of the Public Works Committee to ratify Purchase Order #57407 to Cruise Boiler & Repair Company, Inc., 824 N. Addison Avenue, Elmhurst, IL, 60126, for the emergency repair of a boiler at 1040 Thacker Street (West School) in the amount of $5,174 and that a manual check be issued to avoid late charges. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. STREET LIGHT REPAIR/ GRACELAND AVE.: ratify Purchase Order #53778 to Commerce Street, Franklin Park, repair of a pedestrain light on Avenue and Ellinwood Street, in Upon roll call, the AYES: 8 -Childers, Hardiman, NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Childers, seconded by Wetter, to adopt the recommendation of the Public Works Committee to H & H Electric, 2830 IL 60131, for the the corner of Graceland the amount of $5,672.50 BANNER ON BEHREL DECK: COMMITTEE REPORTS: BIKE RODEO AT BEHREL DECK: vote was: Christiansen, Wetter, Schneck, Sarlo, Chiropolos, Haupt Moved by Childers, seconded by Wetter, to adopt the recommendation of the Public Works Committee to grant request from Cavalier Promotions, Inc., 623 Grace Lane, Schaumburg, IL 60193, to hang a banner on Herbert H. Behrel Parking Plaza from July 31, 1989 to August 11, 1989, to promote the Cavalcade of Brass Drum & Bugle Corps competition to be held at Maine West High School Stadium on August 11, 1989, and Public Works Department to hang the banner provided by Cavalier Promotions. Motion declared carried. Mayor Albrecht referred the matter of whether the Administration should prepare the committee reports for committee chairmen to the License & Judicial Committee. Moved by Childers, seconded by Christiansen, to grant request for use of the Herbert H. Behrel Parking Plaza for a Bike Rodeo to be sponsored by Boy Scout Troop #25 on Sunday, June 4, 1989 from 12 Noon to 3 P.M. and coordinated with the Police Department. Motion declared carried. 121. 5/15/89 PAGE EIGHT ORDINANCE Moved by Sarlo, seconded by Childers, to waive First M-13-89 Reading and place on passage Ordinance M-13-89. VACATION OF Motion declared carried. ALLEY/PERRY & LEE: Moved by Sarlo, seconded by Childers, to adopt Ordinance M-13-89, AN ORDINANCE VACATING A PORTION OF THE PUBLIC ALLEY LOCATED BEHIND 540, 552, 554, 556, IND 560 LEE STREET (CORNER OF PERRY STREET AND LEE STREET) Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ORDINANCE Placed on First Reading was Ordinance Z-4-89, AN Z-4-89 ORDINANCE GRANTING A SPECIAL USE TO PERMIT THE EXPAN- 710 N. WOLF: SION OF AN EXISTING SNACK SALES AREA IN AN EXISTING GAS STATION, IN C-2 COMMERCIAL DISTRICT, AT 710 NORTH WOLF ROAD, CASE NO. 89 -10 -SU. APPOINTMENTS/ Moved by Sarlo, seconded by Christiansen, to concur REAPPOINTMENTS: with Mayor Albrecht's appointment of Carol Langan to the Youth Commission to replace Jim Nero, term to expire on April 30, 1991. Motion declared carried. Moved by Chiropolos, seconded by Sarlo, to concur with Mayor Albrecht's appointment of David P. Clark as Fire Chief. Motion declared carried. Alderman Childers voted no. Alderman Childers stated for the record that she feels an evaluation should be made by the City Manager on all appointments made by the Mayor and the City Manager should not be left out of the process. Mayor Albrecht acknowledged her comments. Moved by Sarlo, seconded by Chiropolos to concur with Mayor Albrecht's appointment of Arthur Kozlinka as Superintendent of Streets. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to concur with Mayor Albrecht's appointment of Kenneth Tiernan as Superintendent of Sewers. Motion declared carried. Letter from Mayor Albrecht re reappointment of Veronica Marin to the Police Pension Fund will come before the Council on Monday, June 5, 1989. TEMPORARY Moved by Schneck, seconded by Sarlo, to grant request FIRE SERVICE/ from Abbott Contractors, Inc., 1890 Techny Court, 111 TOUHY AVE.: Northbrook, IL 60062, for temporary service from our Fire Department with 100% of actual cost to be paid for each run until August 15, 1989 while annexation docu- ments are prepared and reviewed. Motion declared carried. ZONING CASE Letter from Des Plaines Zoning Board of Appeals re 89-4-R Case 89-4-R, 365 Graceland Avenue (R. Franczyk) was 365 GRACELAND: referred to the Municipal Development Committee. 122. 5/15/89 PAGE NINE ADJOURNMENT: Moved by Chiropolos, seconded by Sarlo, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:20 P.M. APPROVED BY ME THIS DAY OF 1 1 , 1989 . M'chael Albrec MAYOR Donna McAllister, CMC/AAE - CITY CLERK