06/03/1996290.
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,
JUNE 3, 1996
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 7:05 P.M. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, June
3, 1996.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Elstner, Higgason, Sarlo, Chiropolos, Arredia.
Aldermen Christiansen and Curley were absent.
Also present were: City Treasurer Fredricks, City Manager Douthwaite,
Assistant City Manager Carter, Director of Economic Development Klaus,
Director of Finance & Administration Peters, Police Chief Sturlini, Fire
Chief Farinella, Public Works Director Shirley, Community Development
Director D'Onofrio, City Engineer Oakley, Emergency Communications
Director Ornberg, Assistant City Attorney Gruber and City Attorney
Wiltse.
PRAYER AND
PLEDGE:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
EXECUTIVE
SESSION
MINUTES:
PREVAILING
WAGE RATES:
Consent
Agenda
Ordinance
M -20 -96
The opening prayer was given by Father Gerald Meyer,
former Seventh Ward alderman and member of the Des
Plaines Zoning Board of Appeals, followed by the Pledge
of Allegiance to the Flag.
Mayor Sherwood requested that Item 2 be removed from the
Consent Agenda.
Moved by Sarlo, seconded by Elstner, to establish a
Consent Agenda except for Item 2. Motion declared
carried.
Moved by Sarlo, seconded by Chiropolos, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 6- Beauvais, Elstner, Higgason, Sarlo,
Chiropolos, Arredia
NAYS: 0 -None
ABSENT: 2- Christiansen, Curley
Motion declared carried.
The minutes are approved. The Staff recommendations and
requests are approved; Ordinances M -18 -96 and M -19 -96 are
adopted; Ordinances M- 20 -96, M- 21 -96, Z -9 -96 and Z -10 -96
are placed on First Reading; and Resolutions R -37 -96 and
R -38 -96 are. adopted.
Moved by Sarlo, seconded
minutes of regular meeting
20, 1996, as published.
approved unanimously under
Mayor Sherwood requested
Executive Session for May
in the Executive Session to
by Chiropolos, to approve
of the City Council held May
Motion declared carried as
Consent Agenda.
that the minutes of the
20, 1996, be held for review
be held later in the meeting.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation that pursuant to Section 820 ILCS
130/1 of the State Statutes (1994), City must establish
prevailing rate of wages for laborers, mechanics and
other workers employed in performing construction of
public works for the City (annual requirement); and
further recommend to place on First Reading Ordinance M-
20-96, AN ORDINANCE ENACTING 820 ILCS 130/1 ET SEQ.
(1994) PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC
WORKS CONSTRUCTION AND PREVAILING WAGE RATES. Motion
declared carried as approved unanimously under Consent
Agenda.
PAGE TWO
291.
6/3/96
RESTRICTED Moved by Sarlo, seconded by Chiropolos, to concur with
USE /PRIVATE Staff recommendation to amend Title III, Chapter 4,
WATER SYS.: Section 3 -4 -2 - "Permit to Use Water," of the City Code
Consent to add a requirement, with a penalty violation, that
Agenda property owners must disconnect from private water
systems when City public water is available; and further
Ordinance recommend to place on First Reading Ordinance M- 21 -96,
M -21 -96 AN ORDINANCE AMENDING SECTION 3 -4 -2 "PERMIT TO USE
WATER," OF CHAPTER 4 "WATER DEPARTMENT," TITLE III, OF
THE CITY CODE OF DES PLAINES TO ADD THERETO A REQUIREMENT
THAT PROPERTY OWNERS MUST DISCONNECT FROM PRIVATE WATER
SYSTEMS WHEN CITY PUBLIC WATER IS AVAILABLE AND A
VIOLATION PENALTY THEREFOR. Motion declared carried as
approved unanimously under Consent Agenda.
ZONING CASE Moved by Sarlo, seconded by Chiropolos, to concur with
96 -18 -V recommendation of Des Plaines Zoning Board of Appeals and
675 DURSEY: Staff re Zoning Case 96 -18 -V, to permit construction of
Consent an additional principal building (a convent) in a R -2
Agenda Single Family Residential District on property located
at 675 Dursey Lane; the St. Paul Chong Ha Sang Roman
Ordinance Catholic Church is the other principal building on a 10.8
Z -9 -96 acre lot on the southeast corner of Dursey Lane and Wolf
Road; and further recommend to place on First Reading
Ordinance Z -9 -96, AN ORDINANCE GRANTING A VARIATION TO
SECTION 10.4.1 OF THE CITY OF DES PLAINES ZONING
ORDINANCE, TO PERMIT THE CONSTRUCTION OF AN ADDITIONAL
PRINCIPAL BUILDING ON A ZONING LOT (A CONVENT FOR THE ST.
PAUL CHONG HA SANG ROMAN CATHOLIC CHURCH) AT 675 DURSEY
LANE (CASE NO. 96- 18 -V). Motion declared carried as
approved unanimously under Consent Agenda.
ZONING CASE Moved by Sarlo, seconded by Chiropolos, to concur with
96 - 19 - recommendation of Des Plaines Zoning Board of Appeals and
473 HARVEY: Staff re Zoning Case 96 -19 -V, to permit construction of
Consent a single - family residence on a corner lot in a R -2 Single
Agenda Family Residential District with a lot width of 52.20',
a total lot area of 7,616 sq. ft. and a front yard
Ordinance setback of 21' from Wolf Road (code requires lot width
Z - 10 - 96 of 65', a total lot area of 8,125 sq. ft. and a front
yard setback of 25' along Wolf Road), on property located
at 473 Harvey Avenue; and further recommend to place on
First Reading Ordinance Z- 10 -96, AN ORDINANCE GRANTING
A VARIATION TO SECTIONS 3.2.4.1.2 AND 3.2.4.4 OF THE CITY
OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE
CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON A CORNER LOT
WITH A WIDTH OF 52.20 FEET INSTEAD OF THE REQUIRED 65
FEET; A FRONT YARD SETBACK (ALONG WOLF ROAD) OF 21 FEET
INSTEAD OF THE REQUIRED 25 FEET; AND A LOT AREA OF 7,616
SQUARE FEET INSTEAD OF THE REQUIRED 8,125 SQUARE FEET,
IN R -2 SINGLE FAMILY DISTRICT, ON THE PROPERTY COMMONLY
KNOWN AS 473 HARVEY AVENUE (CASE NO. 96- 19 -V). Motion
declared carried as approved unanimously under Consent
Agenda.
CONSTRUCTION Moved by Sarlo, seconded by Chiropolos, to concur with
ON STATE Staff recommendation to authorize City to provide
RIGHT - Illinois Department of Transportation (IDOT) with a
WAYS: resolution to serve as surety bond for emergency repairs
Consent to public utilities located within State right -of -ways
Agenda for the years 1996 and 1997; and further recommend to
adopt Resolution R- 37 -96, A RESOLUTION OF THE CITY OF DES
Resolution PLAINES FOR CONSTRUCTION ON STATE HIGHWAYS. Motion
R - 37 - 96 declared carried as approved unanimously under Consent
Agenda.
TEMPORARY Moved by Sarlo, seconded by Chiropolos, to concur with
CLOSING OF Staff recommendation to approve temporary closing of
CENTRAL RD.: Central Road from Des Plaines -River Road to East River
Consent (Bender) Road on July 4, 1996, from 7:00 p.m. to 11:00
Agenda p.m., during July 4th fireworks display near Oakton
Community College; and further recommend to adopt
CENTRAL RD.
(Cont'd.)
Resolution
R -38 -96
FENCE
VARIATION/
1561 HENRY:
Consent
Agenda
FENCE
VARIATION/
1393 WALNUT:
Consent
Agenda
FENCE
VARIATION/
235 8.
WILKINS:
Consent
Agenda
BID AWARD/
LEAK
DETECTION:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
ENGRG. SVS./
STREET
RECONSTRUC.:
Consent
Agenda
APPOINTMENTS /
REAPPOINT.:
Consent
Agenda
PAGE THREE
292.
6/3/96
Resolution R- 38 -96, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DES PLAINES, ILLINOIS having to do with the
temporary closing of Central Road on July 4, 1996.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation to grant request for Variation to
permit construction of a 6' high, wood, shadow box fence
with a gate along entire rear property line (50'), 1' off
property line and adjacent to alley right -of -way (code
requires fences constructed adjacent to an alley to be
5' from the right -of -way), on property located at 1561
Henry Avenue. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation to grant request for Variation to
permit construction of a 6' high, cedar, 100% solid,
privacy fence to enclose most of rear yard and front yard
abutting Center Street (code requires front yard fences
to not exceed 3 -1/2' in height and be at least 50% open),
on property located at 1393 Walnut Avenue. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation to grant request for Variation to
permit construction of 6' high, solid, opaque, fence on
the secondary front yard along Golf Road (code requires
front yard fences to be at least 50% open and not exceed
3 -1/2' in height), on property located at 235 S. Wilkins
Drive. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation to award bid for 1996 Leak Detection
Services to the lowest bidder, Rust Environment &
Infrastructure, Inc., 1020 N. Broadway, Suite 400,
Milwaukee, WI 53202, in the amount of $0.015 per foot of
water main, for a total contract cost of $7,972 based on
100 miles of water main /Budgeted Funds. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for new Community Events Sign to
replace existing sign across from City Hall in Parking
Lot #9, returnable by 3:00 p.m. on Tuesday, July 9, 1996.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation to accept proposal from Peter F.
Olesen and Associates; 500 W. Central Road, Suite 205,
Mt. Prospect, IL 60056, to perform topographic surveying
and drafting for street reconstruction work proposed in
1997 Capital Improvement Program in the amount of
$13,448 /General Improvement Funds. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to approve
Mayoral appointment and reappointments as follows:
DES PLAINES ECONOMIC DEVELOPMENT COMMISSION
Reappointment:
David McNulty, term to expire April 30, 2000
DES PLAINES ELECTRICAL COMMISSION
Appointment:
Judy Schomer, Commonwealth Edison,
term to expire April 1, 1997
Reappointments:
Thomas Benge, term to expire April 1, 1997
Michael Hardiman, term to expire April 1, 1997
Robert Brutovsky, term to expire April 1, 1997
PAGE FOUR
293.
6/3/96
REAPPOINT. DES PLAINES CIVIL SERVICE COMMISSION
(Cont'd.) Reappointment:
Frank Stryczek, term to expire April 1, 1999
Motion declared carried as approved unanimously under
Consent Agenda.
ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt
M -18 -96 Ordinance M- 18 -96, AN ORDINANCE AMENDING SECTION 1 -6 -4
REVISION/ "COMMITTEES" OF CHAPTER 6 "COUNCIL," TITLE I, OF THE CITY
CITY COUNCIL CODE OF DES PLAINES PERTAINING TO MAYOR'S VOTE. Motion
PROCEDURES: declared carried as approved unanimously under Consent
Consent Agenda.
Agenda
ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt
M -19 -96 Ordinance M- 19 -96, AN ORDINANCE OF THE CITY COUNCIL OF
LICENSE THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE
AGREEMENT/ EXECUTION OF A LICENSE AGREEMENT WITH ELMDALE APARTMENT
BEAU DRIVE HOMES, FOR THE INSTALLATION AND MAINTENANCE OF
MEDIAN: LANDSCAPING IN THE MEDIAN STRIP IN THE CENTER OF BEAU
Consent DRIVE, BETWEEN DEMPSTER STREET AND FLORIAN DRIVE. Motion
Agenda declared carried as approved unanimously under Consent
Agenda.
Mayor Ted Sherwood declared that the City Council was now
resolved into a Committee of the Whole
LEGAL & LICENSING - Alderman Beauvais, Chair
LIO. LIC./ Petitioner Choi Yung Chau was sworn in by the City Clerk
22 E. and gave testimony before the City Council.
NORTHWEST
HIGHWAY: Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council stating that this was a good business; very good
citizens; some other businesses should follow their
example.
Moved by Sarlo, seconded by Elstner, to concur with Staff
recommendation and recommend to the City Council to grant
request for change of ownership of Class E Liquor License
for property located at 22 E. Northwest Highway, d /b /a
The Far East Restaurant, contingent upon verification of
fingerprints. Motion declared carried.
FINANCE & ADMINISTRATION - Alderman Sarlo, Vice Chair
WARRANT Mr. Vince Powers, 862 Webster Lane, addressed the City
REGISTER: Council questioning what the guidelines are for what
appears on the Warrant Register as expenses for elected
officials and what they use their monthly allowance for.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council stating that all the mayor and aldermen have to
do is write a check for each expense, indicate on the
check what the expense is for and then get reimbursed.
Moved by Arredia, seconded by Elstner, to concur with
Staff recommendation and recommend to the City Council
approval of June 3, 1996 Warrant Register in the amount
of $1,717,166.44; and Resolution R -39 -96 be adopted at
appropriate time this evening. Motion declared carried.
FINAL PAYMENT
TO IDOT/
GRACELAND &
LEE JOINT
IMPROVEMNTS:
ZONING CASE
96 -17 -SU
1441 RAND:
LIO. LIC./
22 E.
NORTHWEST
HIGHWAY:
WARRANT
REGISTER:
Resolution
R -39 -96
PAGE FIVE
ENGINEERING - Alderman Chiropolos, Chair
294.
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation and recommend to the City Council
that City Clerk be authorized to execute Supplemental
Resolution to MFT Section 91- 00164 -00 RS in the amount
of $7,959.78 to cover City's share of additional sidewalk
and curb and gutter removal and replacement, and street
light pole relocations, for the joint improvement with
the Illinois Department of Transportation (IDOT) of
Graceland Avenue and Lee - Mannheim Road from Jefferson
Street to Walnut Avenue, which brings the City's total
share of the improvements to $232,959.78. Motion
declared carried.
COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair
6/3/96
The agent, representing the petitioner Jacob Joseph,
addressed the City Council stating that his client has
agreed to all the requested changes by Staff except the
demolition of the detached garage on the property; the
owner of the property, who lives in Florida, does not
want the building demolished.
Moved by Beauvais, seconded by Chiropolos, to recommend
to the City Council re Zoning Case 96 -17 -SU to grant
request for an additional Special Use (first Special Use
was granted on February 6, 1995 - Ordinance Z- 3 -95), to
permit expansion of a Class B restaurant (Jakes Slider
Place) to add a drive - through window to the existing
carry -out only restaurant, subject to the following
conditions:
1. Intercom used to take orders from the cars be kept
to a low volume so as not to disturb neighboring
residents;
2. One (1) parking space at the rear along the west
property line be eliminated because of a conflict with
the drive - through lane;
3. The entire drive - through lane be clearly marked on
the pavement; and
4. That a "clearance bar" and a sign, indicating the
maximum height and width of vehicles which can use the
drive - through, be erected at the approach to the drive -
through lane;
in C -2 General Commercial District on property located
at 1441 Rand Road; and Ordinance M -13 -96 - AS AMENDED be
placed on First Reading at appropriate time this evening.
Motion declared carried. Alderman Sarlo voted no.
Mayor Ted Sherwood assumed the chair, and declared the
City Council back in session.
Moved by Beauvais, seconded by Elstner, to concur with
recommendation of Committee of the Whole to grant request
for change of ownership of Class E Liquor License for
property located at 22 E. Northwst Highway, d /b /a The Far
East Restaurant, contingent upon verification of
fingerprints. Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, to concur with
recommendation of Committee of the Whole to adopt
Resolution R- 39 -96, 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:
$1,717,166.44. Upon roll call, the vote was:
AYES: 6- Beauvais, Elstner, Higgason, Sarlo,
Chiropolos, Arredia
NAYS: 0 -None
ABSENT: 2- Christiansen, Curley
Motion declared carried.
FINAL PAYMENT
TO IDOT/
GRACELAND &
LEE JOINT
IMPROVEMENTS:
ZONING CASE
96 -17 -SU
1441 RAND:
Ordinance
Z -13 -96
AS AMENDED
BUSINESS
LICENSE
REVOCATION/
ZIGMUNT
ZIMNY:
SINGLE BID/
WATERPROOF.
BASEMENT AT
FIRE STATION
2•
EXECUTIVE
SESSION:
PAGE SIX
295.
6/3/96
Moved by Chiropolos, seconded by Arredia, to concur with
recommendation of Committee of the Whole that City Clerk
be authorized to execute Supplemental Resolution to MFT
Section 91- 00164 -00 RS in the amount of $7,959.78 to
cover City's share of additional sidewalk and curb and
gutter removal and replacement, and street light pole
relocations, for the joint improvement with the Illinois
Department of Transportation (IDOT), of Graceland Avenue
and Lee - Mannheim Road from Jefferson Street to Walnut
Avenue, which brings the City's total share of the
improvements to $232,959.78. Upon roll call, the vote
was:
AYES: 6- Beauvais, Elstner, Higgason, Sarlo,
Chiropolos, Arredia
NAYS: 0 -None
ABSENT: 2- Christiansen, Curley
Motion declared carried.
Moved by Sarlo, seconded by Beauvais, to concur with
recommendation of Committee of the Whole re Zoning Case
96 -17 -SU to grant request for an additional Special Use
(first Special Use was granted on February 6, 1995 -
Ordinance Z- 3 -95), to permit expansion of a Class B
restaurant (Jakes Slider Place) to add a drive - through
window to the existing carry -out only restaurant, subject
to the following conditions:
1. Intercom used to take orders from the cars be kept
to a low volume so as not to disturb neighboring
residents;
2. One (1) parking space at the rear along the west
property line be eliminated because of a conflict with
the drive - through lane;
3. The entire drive - through lane be clearly marked on
the pavement; and
4. That a "clearance bar" and a sign, indicating the
maximum height and width of vehicles which can use the
drive - through, be erected at the approach to the drive -
through lane;
in C -2 General Commercial District on property located
at 1441 Rand Road; and place on First Reading Ordinance
Z -13 -96 - AS AMENDED. Motion declared carried. Alderman
Sarlo voted no.
Assistant City Attorney Gruber stated that Mr. Zigmunt
Zimny, d /b /a Install Sewer Company, Inc. has requested
in writing a hearing on the Notice of License Suspension
he received from Mayor Sherwood, dated May 14, 1996.
Since this is a matter that must be heard by the City
Council sitting as a tribunal, a Special Meeting of the
City Council will be held on Tuesday, June 25, 1996, at
6:30 p.m. in Room 102 to hear this matter.
Moved by Beauvais, seconded by Elstner, that City Clerk
be authorized to open single bid received on May 22, 1996
for Waterproofing of Basement, Fire Station #2. Motion
declared carried.
The City Clerk announced that the single bid was received
from U.S. Waterproofing, 3212 S. Nordic, Arlington
Heights, IL 60005, in the bid amount of $13,040. Mayor
Sherwood referred the bid to Staff for review and report.
Moved by Beauvais, seconded by Higgason, to go into
Executive Session to discuss imminent and pending
litigation and review of Executive Session minutes of May
20, 1996. Upon roll call, the vote was:
AYES: 6- Beauvais, Elstner, Higgason, Sarlo,
Chiropolos, Arredia
NAYS: 0 -None
ABSENT: 2- Christiansen, Curley
Motion declared carried.
EXEC. SESS.
(Cont'd.)
IMMINENT
LITIGATION/
GEAC, INC.:
IMMINENT
LITIGATION/
MAINE SCRAP
METAL:
PENDING
LITIGATION/
DISPOSITION
OF CITY
PROPERTY:
EXECUTIVE
SESSION
MINUTES:
PAGE SEVEN
Council recessed at 8:56 p.m.
Council reconvened at 9:26 p.m.
Roll call indicated the following aldermen present:
Beauvais, Elstner, Higgason, Sarlo, Chiropolos, Arredia.
Moved by Beauvais, seconded by Higgason, that Staff be
authorized to proceed as directed in Executive Session
with regard to the imminent litigation with Geac, Inc.
Upon roll call, the vote was:
AYES: 6- Beauvais, Elstner, Higgason, Sarlo,
Chiropolos, Arredia
NAYS: 0 -None
ABSENT: 2- Christiansen, Curley
Motion declared carried.
Moved by Beauvais, seconded
Attorney be authorized to
Executive Session with regard
with Maine Scrap Metal, Inc.,
declared carried.
Moved by Beauvais, seconded by Sarlo, that Staff be
authorized to proceed as directed in Executive Session
with regard to disposition of City property. Upon roll
call, the vote was:
AYES: 6- Beauvais, Elstner, Higgason, Sarlo,
Chiropolos, Arredia
NAYS: 0 -None
ABSENT: 2- Christiansen, Curley
Motion declared carried.
Moved by Beauvais, seconded by Sarlo, that the Executive
Session minutes of May 20, 1996, be referred back to
Staff for further review and report. Motion declared
carried.
ADJOURNMENT: Moved by Sarlo, seconded by Chiropolos, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:29 p.m.
APPROVED BY ME THIS )
296!
6/3/96
by Chiropolos, that City
proceed as directed in
to the imminent litigation
1274 E. Rand Road. Motion
Donna McAllister, CMC /AAE - CITY CLERK