06/16/1997MINUTES 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 16, 1997
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 7:04 P.M. in the Eleanor Rohrbach Memorial Council
Chambers, Des Plaines Civic Center on Monday, June 16,
1997.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Higgason, Brookman,
Sarlo, Smith, Arredia.
Also present were: City Manager Douthwaite, Director of Finance &
Administrative Services Egeberg, Police Chief Sturlini, Fire Chief
Farinella, Public Works Director Shirley, Senior Civil Engineer Kaszuba,
Community Development Director D'Onofrio, Director of Human Resources and
Services Merriman and City Attorney Wiltse.
PRAYER AND The opening prayer was given by City Clerk McAllister,
PLEDGE: followed by the Pledge of Allegiance to the Flag.
WELCOME: Mayor Jung welcomed the students from Maine West High
School who are participating in the City's Clinical
Government Program which is now in its 22nd year.
CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the City
COMMENTS: Council stating his opposition to the proposed
elimination of vehicle stickers and imposition of a
Telecommunications Tax; this would be another burden on
businesses; would chase them away, especially big
businesses.
CONSENT
AGENDA:
Mr. Rick Perry, Route 1340, Lancaster, PA., addressed the
City Council regarding his federal court litigation
against the City's towing ordinance.
Mr. Kevin Konnis, 1589 Oakwood Avenue, addressed the City
Council in opposition to pawn brokers requiring him to
be 21 years old before he can sell or buy items; would
like the City to change that requirement; he is 18 years
old.
Alderman Brookman requested that Items 4, 4a and 6 be
removed from the Consent Agenda.
Moved by Higgason, seconded by Beauvais, to establish a
Consent Agenda except for Items 4, 4a and 6. Motion
declared carried.
Moved by Elstner, seconded by Sarlo, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8- Beauvais, Christiansen, Elstner, Higgason,
Brockman, Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
The minutes were approved; Staff recommendations and
requests were approved; Ordinances M- 33 -97, M- 36 -97, M-
37-97, M- 38 -97, T -6 -97 and T -7 -97 were adopted; and
Ordinances M -41 -97 and Z -9 -97 were placed on First
Reading.
MINUTES: Moved by Elstner, seconded by Sarlo, to approve the
Consent minutes of regular meeting of the City Council held June
Agenda 2, 1997 (concluded on June 9, 1997), as published.
Motion declared carried as approved unanimously under
Consent Agenda.
MINUTES
(Cont'd.)
REGULATION
OF PAWN
BROKERS &
SECONDHAND
DEALERS:
Consent
Agenda
BRANCH -BRUSH
PICKUP
PROGRAM:
Ordinance
M -42 -97 -
AMENDED
PENDING
LITIGATION/
D.P. MALL
DEMOLITION:
Consent
Agenda
FLOOD CONTROL
REBATE
PROGRAM:
Consent
Agenda
PAGE TWO
189.
6/16/97
Moved by Elstner, seconded by Sarlo, to approve minutes
of Executive Session of the City Council meeting of June
2, 1997 (held June 9, 1997). Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Elstner, seconded by Sarlo, to concur with
recommendation of Committee of the Whole held June 2,
1997, that proposed Ordinance M -39 -97 dealing with
regulation of pawn brokers and proposed Ordinance M -40 -97
dealing with regulation of secondhand dealers be referred
back to Staff for further review, and report back to the
City Council in 60 days (August 4, 1997). Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Arredia, to amend
Ordinance M -42 -97 to restore Section 8 -4 -97 having to do
with special branch pickups for a service fee which had
been deleted as recommended by the Committee of the Whole
on June 2, 1997. Upon roll call, the vote was:
AYES: 5- Christiansen, Brookman, Sarlo, Smith, Arredia
NAYS: 3- Beauvais, Elstner, Higgason,
ABSENT: 0 -None
Motion declared carried.
Moved by Arredia, seconded by Brookman, to concur with
recommendation of the Committee of the Whole held June
2, 1997, that the proposed Ordinance M -42 -97 regarding
branch -brush pickups be amended to include all dwellings
and that the branches -brush should be placed no sooner
than seven (7) days prior to the scheduled collection
date and before 7:00 a.m. on the day of collection;
Section 8 -4 -9 regarding special branch -brush pickup for
a service fee be restored; and further recommend to place
on First Reading Ordinance M -42 -97 - AS AMENDED /AN
ORDINANCE AMENDING SECTION 8 -4 -9 "BRANCH /BRUSH PICKUPS"
OF CHAPTER 4 "GARBAGE, YARD WASTE AND COMPOSTING," OF
TITLE VIII, OF THE CITY CODE OF DES PLAINES, IN ITS
ENTIRETY. Motion declared carried. Alderman Beauvais
voted no.
Moved by Elstner, seconded by Sarlo, to concur with
recommendation of City Council in Executive Session on
June 9, 1997, (reconvened City Council meeting of June
2, 1997), that City Attorney be authorized to negotiate
a settlement with consultant who performed Structural
Engineering Services - Phase I, for the Des Plaines Mall
Demolition Project. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Higgason, that the
proposed Flood Control Rebate Program A and Program B be
amended to include townhomes. Motion declared carried.
Moved by Arredia, seconded by Beauvais, to concur with
recommendation of Committee of the Whole held June 9,
1997, that the Flood Control Rebate Program A (project
previously contracted for and paid for by homeowner) and
Program B (project anticipated and homeowner will pay
for) be reinstated at 20% of project cost to a maximum
of $1,000 and include:
- -the programs will be retroactive back to January, 1994;
- -the programs will be ongoing but reviewed annually;
- -the programs will be offered to owner and non -owner
occupied residential single - family homes;
- -there will be a $75 non - refundable permit fee;
- -the programs will be included in the 1998 Budget and
begin January 1, 1998; and
Programs A and B be amended to include townhomes. Motion
declared carried.
WATER SYS.
AMENDMENTS:
Consent
Agenda
Ordinance
M -41 -97
ZONING CASE
97- 17 -SU -V/
1529 RAND:
Consent
Agenda
Ordinance
Z -9 -97
FENCE
VARIATION/
1784
EVERETT:
Consent
Agenda
1997 LEAK
DETECTION
SERVICES:
Consent
Agenda
ADVERTISING
FOR BIDS:
PAGE THREE
190.
6/16/97
Moved by Elstner, seconded by Sarlo, to concur with Staff
recommendation to amend Title III, Chapter 4 - "Water
Department" for various changes to the Water System, i.e.
shutoff valve maintenance - repair of Buffalo Boxes, water
service line maintenance, City's access to premises,
authority to verify City water system, maintenance of
meter boxes - vaults; and further recommend to place on
First Reading Ordinance M- 41 -97 /AN ORDINANCE AMENDING
SECTIONS 3- 4 -7(J), (L), (M), (N), (0), (P), (Q), (R),
(S), AND (T); 3 -4 -16, 3 -4 -18, 3- 4- 20(C), OF CHAPTER 4
"WATER DEPARTMENT," TITLE III, OF THE CITY CODE OF DES
PLAINES, AND ADDING THERETO A NEW SECTION 3 -4 -25
"MAINTENANCE OF METER BOXES /VAULTS." Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Elstner, seconded by Sarlo, to concur with
recommendation of Des Plaines Plan Commission and Zoning
Board of Appeals, re Case 97- 17 -SU -V, to grant request
for Special Use to permit expansion of an automobile
sales facility in C -2 General Commercial District; grant
request for Variation to permit the construction of a
building addition 14.50' from the rear property line
instead of the required 21.58', for property located at
1529 Rand Road; contingent upon the following conditions:
1. Petitioner shall comply with the recommendation in
the traffic study for the installation of the stop signs;
2. Petitioner shall comply with all floodplain
development regulations when constructing the addition
in that it is located in the floodplain;
3. A five (5) foot landscape buffer between the parking
spaces along Harding Avenue should be installed by the
petitioner;
4. The owner shall not display vehicles in the required
front yard setback (5 feet), as required by the Zoning
Ordinance; and
further recommend to place on First Reading Ordinance Z-
9-97/AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT
TO ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE,
TO ALLOW FOR THE EXPANSION OF A VEHICLE SALES FACILITY
IN A C -2 COMMERCIAL ZONING DISTRICT AND A VARIATION TO
SECTION 4.2.5.1 OF THE ZONING ORDINANCE TO PERMIT THE
CONSTRUCTION OF A BUILDING ADDITION 14.50 FEET FROM THE
REAR PROPERTY LINE INSTEAD OF THE REQUIRED 21.58 FEET ON
THE PROPERTY COMMONLY KNOWN AS 1529 RAND ROAD (CASE NO.
97- 17- SU -V). Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Elstner, seconded by Sarlo, to concur with Staff
recommendation to grant request for Variation to Section
6 -7 -1 of the City Code for property located at 1784
Everett Avenue, to permit the construction of a 6' high,
100% solid, privacy fence which will enclose part of the
front yard along Everett Avenue (Code requires front yard
fences to not exceed 3 -1/2' in height and be at least 50%
open). Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Elstner, seconded by Sarlo, to concur with Staff
recommendation to award bid for 1997 Leak Detection
Services to the lowest bidder, Rush Environmental &
Infrastructure, Inc., 1020 N. Broadway, Suite 400,
Milwaukee, WI 53202, in the amount of $0.0154 per foot
of water main, for a total contract cost of $8,781.70
based on 108 miles of water main /Budgeted Funds. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Elstner, seconded by Sarlo, to concur with Staff
recommendation that City-Clerk be authorized to advertise
for bids for New Roof for Des Plaines Historical Society,
789 Pearson Street, returnable by 3:00 p.m., Friday, July
11, 1997. Motion declared carried as approved
unanimously under Consent Agenda.
PAGE FOUR
191.
6/16/97
BIDS Moved by Elstner, seconded by Sarlo, to concur with Staff
(Cont'd.) recommendation that City Clerk be authorized to advertise
for bids for Furnishing and Installing Three (3) New
Transom Windows for Finance Department, returnable by
3:00 p.m., Friday, July 11, 1997. Motion declared
carried as approved unanimously under Consent Agenda.
APPOINTMENTS: Moved by Elstner, seconded by Sarlo, to consider Mayoral
Consent reappointments to the DES PLAINES LIBRARY BOARD as
Agenda follows: Susan Burrows, Sarah McConnell and John Scarsi.
Motion declared carried as approved unanimously under
Consent Agenda (final action on this matter under Consent
Agenda on July 7, 1997).
ORDINANCE Moved by Elstner, seconded by Sarlo, to adopt Ordinance
M -33 -97 M- 33 -97, AN ORDINANCE ENACTING 820 ILCS 130/1. ET SEQ.
PREVAILING (1996) PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC
WAGE RATES: WORKS CONSTRUCTION AND PREVAILING WAGE RATES. Motion
Consent declared carried as approved unanimously under Consent
Agenda Agenda.
ORDINANCE Moved by Elstner, seconded by Sarlo, to adopt Ordinance
M -36 -97 M- 36 -97, AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
ISSUANCE OF OBLIGATION TIF BONDS, SERIES 1997A, GENERAL OBLIGATION
TIF AND CORPORATE PURPOSE BONDS, SERIES 1997B, AND TAXABLE
CORPORATE GENERAL OBLIGATION TIF BONDS, SERIES 1997C, OF THE CITY
BONDS: OF DES PLAINES, ILLINOIS. Motion declared carried as
Consent approved unanimously under Consent Agenda.
Agenda
ORDINANCE Moved by Elstner, seconded by Sarlo, to adopt Ordinance
M -37 -97 M- 37 -97, AN ORDINANCE AMENDING SECTION 5- 34 -17(C)
PRORATION OF "LICENSES," AND SECTION 5 - 34 - 20 "FEES TO BE PAID WITH
LIQ. LIC. APPLICATION," OF CHAPTER 34 "INTOXICATING LIQUORS," TITLE
FEES: V, OF THE CITY CODE OF DES PLAINES, TO PROVIDE FOR
Consent PRORATION OF FEES. Motion declared carried as approved
Agenda unanimously under Consent Agenda.
ORDINANCE Moved by Elstner, seconded by Sarlo, to adopt Ordinance
M -38 -97 M- 38 -97, AN ORDINANCE AUTHORIZING THE EXECUTION OF A
LICENSE RIGHT -OF -WAY LICENSE AGREEMENT WITH KEVIN COONEY, FOR THE
AGREEMENT/ INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN
640 THE PUBLIC RIGHT -OF -WAY IN FRONT OF 640 REGENCY, DES
REGENCY: PLAINES, ILLINOIS. Motion declared carried as approved
Consent unanimously under Consent Agenda.
Agenda
ORDINANCE Moved by Elstner, seconded by Sarlo, to adopt Ordinance
T -6 -97 T -6 -97, AN ORDINANCE AMENDING SECTION 10- 5 -5(G)
PARKING "RESTRICTED PARKING - VARIOUS HOURS," OF CHAPTER 5
RESTRICTION/ "STOPPING, STANDING AND PARKING," TITLE X, OF THE CITY
CORA ST.: CODE OF DES PLAINES TO ADD THERETO "CORA STREET, FROM
Consent ALGONQUIN ROAD NORTH TO THE ALLEY, EAST SIDE OF STREET,
Agenda FROM 7:00 A.M. TO 9:00 A.M., AND 4:00 P.M. TO 6:00 P.M.
DAILY, EXCEPT SATURDAYS, SUNDAYS AND HOLIDAYS" AND "CORA
STREET, FROM ALGONQUIN ROAD 125 FT. SOUTH OF ALGONQUIN
ROAD, EAST SIDE OF STREET, FROM 7:00 A.M. TO 9:00 A.M.,
AND 4:00 P.M. TO 6:00 P.M., DAILY, EXCEPT SATURDAYS,
SUNDAYS AND HOLIDAYS." Motion declared carried as
approved unanimously under Consent Agenda.
ORDINANCE Moved by Elstner, seconded by Sarlo, to adopt Ordinance
T -7 -97 T -7 -97, AN ORDINANCE AMENDING SCHEDULE I, SECTION 10-5 -
PARKING 17, "PARKING PROHIBITED IN DESIGNATED PLACES," OF THE
RESTRICTION/ CITY CODE OF DES PLAINES, TO ADD THERETO "CURTIS STREET,
CURTIS ST.: FROM 135 FT. SOUTH OF NIMITZ DRIVE TO SOUTH END OF
Consent STREET, WEST SIDE OF STREET," "CURTIS STREET, FROM THE
Agenda NORTH ENTRANCE OF TRAILER PARK TO 20 FT. NORTH OF SAID
ENTRANCE, EAST SIDE OF STREET," AND "CURTIS STREET, FROM
SOUTH ENTRANCE OF TRAILER PARK TO SOUTH END OF CURTIS
STREET, EAST SIDE OF STREET." Motion declared carried
as approved unanimously under Consent Agenda.
LIQ. LIC.
1141 LEE:
PAGE FIVE
192.
6/16/97
Mayor Paul W. Junq declared that the City Council was now
resolved into a Committee of the Whole
FINANCE & ADMINISTRATION - Alderman Christiansen, Chair
WARRANT Moved by Arredia, seconded by Sarlo, to concur with Staff
REGISTER: recommendation and recommend to the City Council approval
of June 16, 1997 Warrant Register, in the amount of
$3,190,403.93; and further recommend that Resolution R-
28-97 be adopted at appropriate time this evening.
Motion declared carried.
1996 Moved by Sarlo, seconded by Beauvais, to concur with
SUPPLEMENTAL Staff recommendation and recommend to the City Council
APPROPRIA.: to approve 1996 Supplemental Appropriations in the amount
of $5,812,693; and further recommend that Ordinance M -43-
97 be placed on First Reading at appropriate time this
evening. Motion declared carried.
PUBLIC WORKS - Alderman Higgason, Chair
PROPOSED Director of Public Works Shirley reviewed his memo of
STREET June 10, 1997, which outlined the proposed program that
CLEANING is designed to provide scheduled sweeping of twenty -three
PROGRAM: (23) streets where on- street parking is heavy enough to
prohibit proper debris removal from street gutters.
Permanent signs would be posted on both sides of each
street stating the date and times that parking would be
prohibited, April through November and, if approved, the
program would begin in August. This program will not
reduce the street sweeping in other areas of town; the
current schedule provides for the entire City to be swept
once every two to three weeks, depending on the weather.
Ms. Audrey Ward, 1346 Everett Avenue, addressed the City
Council stating that the snow routes are not being
enforced; will this program be enforced?
Moved by Elstner, seconded by Sarlo, to concur with Staff
recommendation and recommend to the City Council to
approve the proposed Street Cleaning Program with the
amendment that the program be extended until December
15th of each year; and further recommend that the City
Attorney be authorized to prepare final ordinance.
Motion declared carried (further action on this matter
under Consent Agenda on July 7, 1997).
LEGAL & LICENSING - Alderman Beauvais, Chair
LIQ. LIC. Petitioner John J. Wallner was sworn in by the City Clerk
1261 and gave testimony before the City Council
ALGONQUIN:
Moved by Christiansen, seconded by Elstner, to recommend
to the City Council approval of change of ownership of
Class H Liquor License for property located at 1261
Algonquin Road, d /b /a Jake's Pizza; contingent upon
verification of fingerprints. Motion declared carried.
Petitioners Dharmesh Bhagwakar and Harsha Bhagwakar were
sworn in by the City Clerk and gave testimony before the
City Council. Also in attendance was William J.
Connelly, attorney for the petitioners.
Moved by Christiansen, seconded by Higgason, to recommend
to the City Council approval of change of ownership of
Class B Liquor License for property located at 1141 S.
Lee Street, d /b /a Foremost Liquors; contingent upon
verification of fingerprints. Motion declared carried
PAGE SIX
193.
6/16/97
Mayor Paul W. Jung assumed the chair, and declared the
City Council back in session.
WARRANT Moved by Christiansen, seconded by Elstner, to concur
REGISTER: with recommendation of Committee of the Whole to adopt
Resolution R- 28 -97, BE IT RESOLVED BY THE CITY COUNCIL
Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
R -28 -97 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$3,190,403.93. 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.
1996 Moved by Christiansen, seconded by Higgason, to concur
SUPPLEMENTAL with recommendation of Committee of the Whole to approve
APPROPRIA.: 1996 Supplemental Appropriations in the amount of
$5,812,693; and place on First Reading Ordinance M- 43 -97.
Ordinance Motion declared carried.
M -43 -97
Moved by Christiansen, seconded by Elstner, to advance
to Second Reading and adopt Ordinance M- 43 -97, AN
ORDINANCE PROVIDING FOR THE SUPPLEMENTAL APPROPRIATION
OF FUNDS FOR THE CORPORATE PURPOSES OF THE CITY OF DES
PLAINES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1996 AND
ENDING DECEMBER 31, 1996. 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.
LIQ. LIC. Moved by Beauvais, seconded by Christiansen, to concur
1261 with recommendation of Committee of the Whole to approve
ALGONQUIN: change of ownership of Class H Liquor License for
property located at 1261 Algonquin Road, d /b /a Jake's
Pizza, effective July 1, 1997; contingent upon
verification of fingerprints. Motion declared carried.
LIQ. LIC. Moved by Beauvais, seconded by Christiansen, to concur
1141 LEE: with•recommendation of Committee of the Whole to approve
change of ownership of Class B Liquor License for
property located at 1141 S. Lee Street, d /b /a Foremost
Liquors, effective July 1, 1997; contingent upon
verification of fingerprints. Motion declared carried.
PETITIONS/ Mayor Jung referred petitions received by the City
1123 Clerk's Office on Wednesday, June 11, 1997, protesting
LEAHY CIR.: the change of use at 1123 Leahy Circle from R -2 to a
Nursing Home Scatter Site, to Staff for review and
report.
Alderman Elstner announced that there would be a meeting
regarding this matter on Thursday, June 19, 1997 at 6:30
p.m. in Room 102 of City Hall.
MONITORING/ At the request of Alderman Brookman, Mayor Jung referred
STORE the matter of monitoring store scanners and gas pumps to
SCANNERS & the Legal & Licensing Committee, which will hear this on
GAS PUMPS: Monday, July 14, 1997.
EXECUTIVE Moved by Beauvais, seconded by Higgason, to go into
SESSION: Executive Session to discuss workmen's compensation
claims and employees' compensation. Upon roll call, the
vote was:
1
1
1
EXEC. SESS.
(Cont'd.)
APPROVED BY ME THIS r 0
PAGE SEVEN
AYES: 8- Beauvais, Christiansen, Elstner, Higgason,
Brookman, Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
City Council recessed at 8:58 p.m.
City Council reconvened at 9:37 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Higgason, Brookman,
Sarlo, Smith, Arredia.
WORKMEN'S Moved by Beauvais, seconded by Christiansen, that City's
COMPENSATION legal counsel be authorized to negotiate settlement in
CLAIMS: workmen's compensation claims as directed in Executive
Session. 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.
NON - UNION Moved by Beauvais, seconded by Christiansen, to concur
EMPLOYEES' with consensus in Executive Session that the civilian
COMPENSATION: non -union employees be given a 3.5% general wage increase
effective May 1, 1997 to April 30, 1998, and City
Attorney be authorized to prepare necessary ordinance.
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.
ADJOURNMENT: Moved by Christiansen, seconded by Brookman, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 9:39 p.m.
194.
6/16/97
Donna McAllister, CMC /AAE - CITY CLERK