10/06/1997244.
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 6, 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, October 6,
1997.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Higgason, Brookman,
Sarlo, Smith, Arredia. Alderman Beauvais left the meeting
at 9:40 p.m.
Also present were: City Manager Douthwaite, Assistant to the City
Manager Carter, Director of Economic Development Klaus, Director of
Finance & Administrative Services Egeberg, Fire Chief Farinella, Police
Chief Sturlini, City Engineer Oakley, Director of Community Development
D'Onofrio, Director of Public Works Shirley, Emergency Communications
Director Ornberg, Director of Human Resources and Services Merriman, and
City Attorney Wiltse.
PRAYER AND
PLEDGE:
CITIZEN
COMMENTS:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the
City Council stating that there should be public
accounting for public funds; currently the mayor and
aldermen do not provide documentation for their expenses;
this procedure is in violation of the State Statute and
IRS Code; who in the administration will correct this
mismanagement; how can the City Attorney permit this to
happen.
Mr. Bob Suriano, 1258 Wayne Drive, addressed the City
Council stating that the City is watching the pennies too
closely; we need to upgrade the computers; they are
outdated; we must "bite the bullet" and do what is right
for the community; perhaps the aldermen should be full
time so they would have time to do the work and address
some of the important issues.
Moved by Higgason, seconded by Beauvais, to establish a
Consent Agenda. Motion declared carried.
Alderman Smith requested that Items 3 and 3a be removed
from the Consent Agenda.
Moved by Higgason seconded by Sarlo, to
Consent Agenda except for Items 3 and 3a
call, the vote was:
AYES: 8- Beauvais, Christiansen, Elstner,
Brookman, Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 0 - None
Motion declared carried.
The minutes were approved; Staff recommendations and
requests were approved; Ordinance M -64 -97 was adopted;
Ordinances M- 67 -98, M- 68 -97, M- 69 -97, M -70 -97 and Z -13 -97
are placed on First Reading; and Resolutions R- 52 -97, R-
53-97 and R -54 -97 were adopted.
approve the
. Upon roll
Higgason,
Moved by Higgason, seconded by Sarlo, to approve minutes
of regular meeting of the City Council held September 15,
1997, as published. Motion declared carried as approved
unanimously under Consent Agenda.
MINUTES
(Cont'd.)
ANTIQUE
VEHICLE
LICENSE
FEE:
Ordinance
M -66 -97
PARKING
RESTRIC./
"TAXI ONLY
AREAS:
Consent
Agenda
Ordinance
M -67 -97
RECAPTURE
AGREEMENT/
MEADOWLAKE
II RESUBDIV.:
Consent
Agenda
Ordinance
M -68 -97
RECAPTURE
AGREEMENT/
DELGADO
SUBDIVIS.:
Consent
Agenda
Ordinance
M -69 -97
PAGE TWO
245.
10/6/97
Moved by Higgason, seconded by Sarlo, to approve minutes
of Executive Session of the City Council held September
15, 1997. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Beauvais, seconded by Christiansen, to concur
with Staff recommendation to amend Title X, Chapter 9,
Section 10 -9 -4 - "Vehicle License Fees" to reduce the
cost of a City vehicle sticker for antique vehicles from
$25.00 to $5.00, contingent upon proof that vehicle is
currently registered with the State of Illinois as an
antique vehicle; and further recommend to place on First
Reading Ordinance M- 66 -97, AN ORDINANCE AMENDING SECTION
10 -9 -4 "VEHICLE LICENSE FEES," CHAPTER 9 "LICENSES,"
TITLE X, OF THE CITY CODE OF DES PLAINES TO ADD THERETO
LICENSE PLATE CLASS "PASSENGER MOTOR VEHICLE (ANTIQUE
VEHICLE)" LICENSE FEES. Upon roll call, the vote was:
AYES: 7- Beauvais, Christiansen, Elstner, Higgason,
Brookman, Sarlo, Arredia
NAYS: 1 -Smith
ABSENT: 0 -None
Motion declared carried.
Moved by Higgason, seconded by Sarlo, to concur with
Staff recommendation to amend Title X, Chapter 5, Section
10 -5 -7 - "Bus and Taxicab Stands" to add a new Subsection
10- 5 -7(C) to prohibit vehicles with "livery" plates from
parking in an area marked as "Taxi Only, No Livery Plates
Permitted;" and further recommend to place on First
Reading Ordinance M- 67 -97, AN ORDINANCE AMENDING SECTION
10 -5 -7 "BUS AND TAXICAB STANDS," OF CHAPTER 5 "STOPPING,
STANDING, PARKING," TITLE X OF THE CITY CODE OF DES
PLAINES TO ADD THERETO A NEW SUBSECTION 10- 5 -7(C).
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Higgason, seconded by Sarlo, to concur with
Staff recommendation to authorize Mayor and City Clerk
to execute Recapture Agreement with Levin Associates
Architects for their recovery of 100% of the total cost
of $50,551 for installation of storm water sewer and
sanitary sewer system for Meadowlake II Resubdivision on
property located at Church Street, between Lyman Avenue
and Potter Road; to be paid by owners of any properties
which connect to the main; city to become absolute owner
of said storm water sewer and sanitary sewer system at
the end of ten (10) years after ordinance is adopted
(October 20, 2007); and further recommend to place on
First Reading Ordinance M- 68 -97, AN ORDINANCE IN REGARD
TO THE CONSTRUCTION OF THE MEADOWLAKE II RESUBDIVISION
EXTENSION OF THE MUNICIPAL STORM WATER SEWER SYSTEM OF
THE CITY OF DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Sarlo, to concur with
Staff recommendation to authorize Mayor and City Clerk
to execute Recapture Agreement with Roland and Stacey
Delgado for the recovery of 100% of the total cost of
$15,622 for installation of storm water sewer and
sanitary sewer system for Delgado Subdivision, on
property located at southeast corner of Jarvis Avenue and
Sprucewood Avenue; to be paid by owners of any properties
which connect to the main; City to become absolute owner
of said storm water sewer and sanitary sewer system at
the end of ten (10) years after ordinance is adopted
(October 20, 2007); and further recommend to place on
First Reading Ordinance M- 69 -97, AN ORDINANCE IN REGARD
TO THE CONSTRUCTION OF THE DELGADO SUBDIVISION EXTENSION
OF THE MUNICIPAL STORM WATER SEWER SYSTEM OF THE CITY OF
DES PLAINES, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
PAGE THREE
246.
10/6/97
SALE OF Moved by Higgason, seconded by Sarlo, to concur with
CITY Staff recommendation to authorize sale by auction through
PROPERTY the Northwest Municipal Conference on Saturday, October
BY AUCTION: 25, 1997, one (1) Fire Department vehicle, one (1)
Consent Community Development Department vehicle, and four (4)
Agenda Public Works vehicles; and further recommend to place on
First Reading Ordinance M- 70 -97, AN ORDINANCE AUTHORIZING
Ordinance THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY
M -70 -97 THE CITY OF DES PLAINES. Motion declared carried as
approved unanimously under Consent Agenda.
ZONING CASE Moved by Higgason, seconded by Sarlo, to concur with
97 -24 -V recommendation of the Des Plaines Zoning Board of Appeals
1649 ESTES: and Staff re Zoning Case 97 -24 -V, to grant request to
Consent permit expansion of an existing garage to 32.37' x 24.33'
Agenda or 787.56 sq. ft. of total area (Code permits garages to
be 24.0' x 30.0' with 720 sq. ft. of total area);
Ordinance contingent upon the additional garage door being no
Z -13 -97 larger than 6' x 7' and not be the overhead type; on
property located at 1649 Estes Avenue; and further
recommend to place on First Reading Ordinance Z- 13 -97,
AN ORDINANCE GRANTING A VARIATION TO SECTION 3.1.2.11 OF
THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE
EXPANSION OF AN EXISTING GARAGE TO 32.37 FEET BY 24.33
FEET INSTEAD OF THE PERMITTED 24.0 FEET BY 30.0 FEET, IN
R -2 SINGLE FAMILY DISTRICT, ON THE PROPERTY COMMONLY
KNOWN AS 1649 ESTES AVENUE (CASE NO. 97- 24 -V). Motion
declared carried as approved unanimously under Consent
Agenda.
PUBLIC Moved by Higgason, seconded by Sarlo, to concur with
WORKS UNION Staff recommendation to ratify 1997 four -year contract
(MECCA) between the City and MECCA Union for Public Works
CONTRACT: employees, May 1, 1997 to April 30, 2001; Mayor and City
Consent Clerk be authorized to execute necessary documents; and
Agenda further recommend to adopt Resolution R- 52 -97, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES
Resolution PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN
R -52 -97 AGREEMENT BETWEEN MECCA OF DES PLAINES, INC. AND THE CITY
OF DES PLAINES, EFFECTIVE MAY 1, 1997 THROUGH APRIL 30,
1998; MAY 1, 1998 THROUGH APRIL 30, 1999; MAY 1, 1999
THROUGH APRIL 30, 2000; AND MAY 1, 2000 THROUGH APRIL 30,
2001. Motion declared carried as approved unanimously
under Consent Agenda.
MONEY Moved by Higgason, seconded by Sarlo, to concur with
PURCHASE Staff recommendation that Mayor, City Clerk and City
AND /OR Treasurer be authorized to execute necessary documents
PROFIT- to establish a Money Purchase and /or Profit - Sharing
SHARING Retirement Plan (401a) to allow employees to have
PLAN: additional amounts saved in an optional retirement plan
Consent beyond the limits established for 457 plans; said Plan
Agenda would be at no cost to the City and be administered by
the ICMA Retirement Corporation; and further recommend
Resolution to adopt Resolution R- 53 -97, A RESOLUTION AUTHORIZING A
R -53 -97 MONEY PURCHASE AND /OR PROFIT - SHARING RETIREMENT PLAN TO
BE ADMINISTERED BY THE ICMA RETIREMENT CORPORATION FOR
THE CITY OF DES PLAINES. Motion declared carried as
approved unanimously under Consent Agenda.
INTERLOCAL Moved by Higgason, seconded by Sarlo, to concur with
AGREEMENT/ Staff recommendation to approve proposed revised
CITY -PARK Interlocal Agreement between the City, the Des Plaines
DISTRICT- Park District and the Des Plaines Historical Society ,
HISTORICAL to add in Section Three: "The Park District
SOCIETY: agrees that it will continue to include the park and
Consent museum building in its liability and property insurance
Agenda through the Park District Risk Management Agency (PDRMA),
and that it will continue to provide off -site storage for
Resolution use by the Museum at the District's Administrative &
R -54 -97 Leisure Center, 2222 Birch Street;" such Interlocal
Agreement to be for four (4) years, terminating on July
1, 2001; and further recommend to adopt Resolution R -54-
9�'
PAGE FOUR
247.
10/6/97
R -54 -97 97, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES
(Cont'd.) PLAINES, ILLINOIS, AUTHORIZING THE RENEWAL AND EXECUTION
OF THE INTERLOCAL AGREEMENT BETWEEN THE HISTORICAL
SOCIETY, THE CITY OF DES PLAINES, AND THE DES PLAINES
PARK DISTRICT. Motion declared carried as approved
unanimously under Consent Agenda.
CDBG FUNDED Moved by Higgason, seconded by Sarlo, to concur with
PUBLIC Staff recommendation to award Community Development Block
SERVICE Grant (CDBG) funded public service contracts for 1997 -98
CONTRACTS: as follows:
Consent Child Care Subsidy Program -CEDA Northwest - $13,000
Agenda Emergency Shelter Assistance - Provided by City - $350
Shared Housing - Center of Concern - $8,750
Employment Service -CEDA Northwest - $10,750
Transitional Hous. /Counsel. -1) CEDA Northwest - $7,700
and 2) Women In Need Grow.
Stronger (W.I.N.G.S.) -
$7,300
Fair Housing Counseling -CEDA Northwest - $6,500
Motion declared carried as approved unanimously under
Consent Agenda.
PATIO Moved by Higgason, seconded by Sarlo, to concur with
VARIATION/ Staff recommendation to grant request for Variation to
293 DOVER: Section 515.0 of the Building Code for property located
Consent at 293 Dover Lane, to legalize an existing patio with a
Agenda zero (0) setback from the side property line (Code
requires patios to have a 5' setback from all property
lines); petitioner obtain a building permit and pay a
double permit fee of $56 for starting work without a
permit. Motion declared carried as approved unanimously
under Consent Agenda.
USE OF CITY Moved by Higgason, seconded by Sarlo, to concur with
PROPERTY/ Staff recommendation to grant request from Optimist Club
OPTIMIST of Des Plaines to place a trailer on City's Parking Lot
CLUB OF #5, at River Road and Perry Street, for their annual
DES PLAINES: Christmas Tree Sales Project, November 21 to December 31,
Consent 1997; insurance and clean -up to be provided by Optimist
Agenda Club of Des Plaines; and all City fees be waived. Motion
declared carried as approved unanimously under Consent
Agenda.
REAPPOINT- Moved by Higgason, seconded by Sarlo, to approve Mayoral
MENTS: reappointments as follows:
Consent DES PLAINES PLAN COMMISSION
Agenda Jim Wilhelm, term to expire April 30, 2003
DES PLAINES ZONING BOARD OF APPEALS
James Szabo, term to expire April 30, 2002
CONSUMER PROTECTION COMMISSION
Maxine Hubbard, term to expire August 30, 2001
Motion declared carried as approved unanimously under
Consent Agenda.
ORDINANCE Moved by Higgason, seconded by Sarlo, to adopt Ordinance
M -64 -97 M- 64 -97, AN ORDINANCE AMENDING CHAPTER 1 "POLICE
POLICE DEPARTMENT," OF TITLE III "DEPARTMENTS," OF THE CITY CODE
DOG: OF DES PLAINES, TO ADD THERETO TWO NEW SECTIONS 3 -1 -5
Consent "TEASING, STRIKING OR TAMPERING WITH A POLICE DOG
Agenda PROHIBITED" AND 3 -1 -6 "INJURING OR KILLING A POLICE DOG
PROHIBITED." Motion declared carried as approved
unanimously under Consent Agenda.
Mayor Paul W. Jung declared that the City Council was now
resolved into a Committee of the Whole
LEGAL & LICENSING - Alderman Beauvais, Chair
PAGE FIVE
248.
10/6/97
LIQ. LIC./ Petitioner Michael Kautz was sworn in by the City Clerk
353 N. RIVER: and gave testimony before the City Council.
Moved by Beauvais, seconded by Higgason, to recommend to
the City Council to grant request for Class A Liquor
License for property located at 353 N. River Road, d /b /a
The Golf Center; contingent upon verification of
fingerprints; and further recommend to place Ordinance
M -59 -97 on First Reading at appropriate time this
evening. Motion declared carried.
PROPOSED City Manager Douthwaite reviewed the status of
FRANCHISE negotiations with Ameritech New Media (ANM) for an
AGREEMENT/ agreement in which competitive cable service might be
AMERITECH: provided to the residents of Des Plaines. Mr. Douthwaite
stated that several meetings have been held with the
Cable Television Commission, Ameritech and Staff since
Deferred this matter was deferred on July 21, 1997. As a result
7/21/97 of these meetings, Ameritech agreed to some additional
language and modifications to the franchise agreement.
City Manager Douthwaite stated that the Staff firmly
believes that improvements in programming, customer
service, and technology will most likely not be addressed
without the market forces of competition and recommends
the City Council approve the proposed franchise in order
achieve competition in the near future.
Mr. Richard Luckritz, Chairman of the Des Plaines Cable
Commission, addressed the City Council asking for an
extension of time to evaluate important new information
and materials that have become available, i.e. court
opinions, copies of franchises, transcripts of testimony
given by local government leaders before Congressman
Henry Hyde's Judicial Committee relative to the CATV and
other telecommunications issues.
A general discussion followed on the exclusion of
"advertising revenues" from the "Gross Revenues"
definition; it is uncertain as to whether advertising
revenue produced by cable providers will bring the City
significant additional revenue in the future; currently
advertising revenues from TCI amount to approximately 10%
of franchise fees paid to the City annually.
Moved by Brookman, seconded by Christiansen, to recommend
to the City Council that the Des Plaines Cable Commission
be given no more than 30 days to evaluate the new
information and materials they have received, and report
back to the Committee.
Ameritech's Manager - Public Affairs Jim Szczepaniak
addressed the City Council stating that if the City puts
off a decision for another month or six (6) weeks,
Ameritech would have to reevaluate their commitment to
begin operation within 42 months; they may not be able
to do anything for several years if there is a delay.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council encouraging them to put a limited time table on
this matter; we need cable competition; his friends in
Arlington Heights are very happy with Ameritech.
A resident at 603 S. River Road addressed the City
Council stating that the marketplace is a better
regulator than anything; vote yes on Ameritech; vote yes
on competition.
A resident at 1116 Seymour Avenue addressed the City
Council urging them to move as quickly as possible on
this matter.
A resident at 315 Cumberland Parkway addressed the City
Council stating that the City should move on this issue.
DISCUSSION
(Cont'd.)
RECESS:
ZONING CASE
97- 25 -SU/
855 RAND:
PAGE SIX
249.
10/6/97
A resident at 840 Webster Lane addressed the City Council
stating that the City should be open to competition;
supports Ameritech.
A resident at 565 Concord Lane addressed the City Council
stating that it is important that competition comes into
the City; don't take too long.
Mr. Joe Botte, 560 Webford Avenue, addressed the City
Council stating that Ameritech should not have such a
hard -nosed approached; they should soften their stand a
little bit; we have a Cable Commission; be patient.
Mr. Mike Heavey, 774 Mark Avenue, addressed the City
Council stating that TCI's service is terrible; we could
not do any worse with Ameritech; competition could do
nothing be make it better.
Mr. Gene Fregetto, 800 Laurel Avenue, addressed the City
Council stating his support for the Cable Commission and
commended them for their efforts; give the Cable
Commission the extension they are requesting.
Moved by Smith, seconded by Beauvais, to adopt a
substitute motion and recommend to the City Council that
the Des Plaines Cable Commission be granted an extension
until November 3, 1997, or sooner, to evaluate the new
information and materials they have received, and report
back to the Committee. Motion declared carried (final
action on this matter under Consent Agenda on October 20,
1997) .
Moved by Higgason, seconded by Brookman, that there be
a five (5) minute recess. Motion declared carried.
Aldermen Christiansen and Arredia voted no.
The Committee of the Whole recessed at 8:58 p.m.
The Committee of the Whole reconvened at 9:01 p.m.
COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair
Attorney Dan Dowd, 701 Lee Street, Des Plaines,
representing the petitioner addressed the Committee of
the Whole stating that the petitioner has agreed to all
nine (9) conditions in the Staff report except for two
(2) caveats.
The petitioner, Robert L. Gritzek, stated that while he
is willing to dedicate the right -of -way at the northwest
corner of the site which is the intersection of Rand Road
and Third and Fourth Avenue (20' on Rand Road and 35'
along Fourth Avenue), he is requesting that the City pay
the cost of moving any utilities as a result of the
proper alignment of the intersection and the
straightening of the sidewalk.
Mr. Gritzek is also requesting that he be permitted to
repair the fence at the rear of the lot rather than
replace it.
Mr. Nick Chiropolos, 156 N. Third Avenue, addressed the
Committee of the Whole stating that this property abuts
his house; the present owners do not maintain their
property; they should be required to replace the fence
along the back of the lot, not just repair it.
Moved by Smith, seconded' by Arredia, to recommend to the
City Council, re Zoning Case 97- 25 -SU, to grant request
for Special Use to permit auto sales in C -2 General
Commercial District on property located at 855 Rand Road,
contingent upon the following conditions:
855 RAND
(Cont'd.)
PAGE SEVEN
250.
10/6/97
1. Petitioner dedicate right -of -way at the northwest
corner of the site which is the intersection of Rand Road
and Third and Fourth Avenues (20' on Rand road and 35'
along Fourth Avenue); City to pay cost to move any
utilities as a result of the property alignment of the
intersection and straightening of the sidewalk that will
be constructed as part of the Moehling Subdivision to the
west;
2. Petitioner will not store any automobiles within the
25' rear yard setback, unless this area is paved;
3. Petitioner submit a landscape plan for approval by
the City;
4. Petitioner remove all debris and cut all weeds before
opening for business;
5. Petitioner replace the wood stockade fence at the
rear of the lot;
6. Petitioner to store all automobiles on a hard
surface, no vehicle or equipment storage shall be
permitted on the grass, or the gravel surface;
7. Petitioner will erect a new 8' high solid opaque view
screen fence from the front yard building setback line
back to the end of the sidewalk on the west side of the
property, to comply with the City Code;
8. Petitioner shall repair all hard surface asphalt
areas so as to control the growth of weeds;
9. Petitioner shall landscape and subsequently maintain
the rear portion of the lot.
Motion declared failed.
Moved by Higgason, seconded by Brookman, to recommend to
the City Council, re Zoning Case 97- 25 -SU, to grant
request for Special Use to permit auto sales in C -2
General Commercial District on property located at 855
Rand Road, contingent upon the following conditions:
1. Petitioner will dedicate right -of -way at the
northwest corner of the site which is the intersection
of Rand Road and Third and Fourth Avenues (20' on Rand
Road and 35' along Fourth Avenue); City to pay cost to
move any utilities as a result of the property alignment
of the intersection and straightening of the sidewalk
that will be constructed as part of the Moehling
Subdivision to the west;
2. Petitioner will not store any automobiles within the
25' rear yard setback, unless this area is paved;
3. Petitioner will submit a landscape plan for approval
by the City;
4. Petitioner will remove all debris and cut all weeds
before opening for business;
5. Petitioner be permitted to repair the wood stockade
fence at the rear of the lot rather than replace it;
6. Petitioner will store all automobiles on a hard
surface, no vehicle or equipment storage shall be
permitted on the grass, or the gravel surface;
7. Petitioner will erect a new 8' high solid opaque
view screen fence from the front yard building setback
line back to the end of the sidewalk on the west side of
the property, to comply with the City Code;
8. Petitioner will repair all hard surface asphalt
areas so as to control the growth of weeds;
9. Petitioner will landscape and subsequently maintain
the rear portion of the lot;
and City Attorney be authorized to draft necessary
ordinance. Motion declared carried (further action on
this matter under Unfinished Business on October 20,
1997). Alderman Smith voted no.
FINANCE & ADMINISTRATION - Alderman Christiansen, Chair
WARRANT Moved by Arredia, seconded by Higgason, to concur with
REGISTER: Staff recommendation and recommend to the City Council
approval of October 6, 1997 Warrant Register, in the
WARRANT
(Cont'd.)
C.O. #1/
1997
CONTRACT
"B" -
STREET
RESURFAC. &
C.O. #1/
1997 CONTRACT
PAVEMENT
REPLACEMENT
PROGRAM:
EXEMPT RANK/
DEPUTY FIRE
CHIEF(S):
Ordinance
M -71 -97
SEWER USER
FEE:
Ordinance
M -72 -97
PAGE EIGHT
amount of $2,843,254.28 plus $2,108.19 in expenditures
to Home Depot; and further recommend that Resolution R-
55-97 be adopted at appropriate time this evening.
Motion declared carried. Alderman Elstner abstained on
approving the $2,108.19 in expenditures to Home Depot
(conflict of interest).
ENGINEERING - Alderman Elstner, Chair
251.
10/6/97
Moved by Christiansen, seconded by Arredia, to concur
with Staff recommendation and recommend to the City
Council approval of Change Order #1 to contract with
Johnson Paving Company, 1025 E. Addison Court, Arlington
Heights, IL 60005, City's 1997 Contract B - Street
Resurfacing contractor (approved on March 3, 1997), to
perform reconstruction of entire length of Bellaire Court
(approximately 250') in the amount of $122,200 (total
contract cost to date $1,518,659.40); and further
approval Change Order #1 to contract with Kabayama
Construction Company, 1250 N. Central Park, Chicago, IL
60651, City's 1997 Concrete Sidewalk, Curb and Pavement
Replacement Program contractor (approved on April 7,
1997) to DELETE Bellaire Court patching work in the
amount of $17,790 because contractor is not equipped or
experienced to reconstruct streets (total contract cost
to date is $140,509.75). Motion declared carried.
Mayor Paul W. Jung assumed the chair, and declared the
City Council back in session.
Moved by Christiansen, seconded by Elstner, to concur
with recommendation of Committee of the Whole held
September 15, 1997, that Deputy Fire Chief(s) hired shall
be a position exempt from the Board of Fire and Police
Commissioner's jurisdiction; the Deputy Fire Chief(s) be
hired from the rank of Captain or Lieutenant from within
the Des Plaines Fire Department with the concurrence of
the City Manager; and may be removed from the position
by the Fire Chief without cause; and further recommend
to place on First Reading Ordinance M- 71 -97, AN ORDINANCE
AMENDING CHAPTER 2 "FIRE DEPARTMENT," OF TITLE III
"DEPARTMENTS," OF THE CITY CODE OF DES PLAINES, TO ADD
THERETO A NEW SECTION 3 -2 -14 "DEPUTY FIRE CHIEF" AS AN
EXEMPT RANK POSITION. Upon roll call, the vote was:
AYES: 5- Christiansen, Elstner, Higgason,
Smith, Arredia
NAYS: 1 -Sarlo
ABSENT: 1- Beauvais
ABSTAIN:1- Brookman (conflict of interest)
Motion declared carried (final action on this matter
under Unfinished Business on October 20, 1997).
Moved by Higgason, seconded by Elstner, to place on First
Reading Ordinance M- 72 -97, AN ORDINANCE AMENDING TITLE
V - "BUSINESS REGULATIONS" OF THE CITY CODE OF DES
PLAINES, TO ADD A NEW CHAPTER 53 "STORM SEWER FEE," which
was approved by the City Council on September 15, 1997
that the City implement a 20 -Year Sewer User fee of $0.38
per 100 cubic feet to fund Sewer Improvements (Level 3).
Upon roll call, the vote was:
AYES: 4- Higgason, Sarlo, Smith, Arredia
NAYS: 3- Christiansen, Elstner, Brookman
ABSENT: 1- Beauvais
Motion declared carried (final action on this matter
under Unfinished Business on October 20, 1997).
LIQ. LIC./
353 N. RIVER:
Ordinance
M -59 -97
WARRANT
REGISTER:
Resolution
R -55 -97
C.O. #1/
1997 CONTRACT
ngn -
STREET
RESURFAC. &
C.O. #1/
1997 CONTRACT
PAVEMENT
REPLACEMENT
PROGRAM:
CAPITAL
IMPROVEMENT
PROGRAM:
PAGE NINE
252.
10/6/97
Moved by Higgason, seconded by Christiansen, to concur
with recommendation of Committee of the Whole to grant
request for Class A Liquor License for property located
at 353 N. River Road, d /b /a The Golf Center; contingent
upon verification of fingerprints; and place on First
Reading Ordinance M- 59 -97, AN ORDINANCE AMENDING SECTION
5 -34 -18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES
PLAINES, TO INCREASE THE TOTAL NUMBER OF CLASS A LICENSES
BY ONE. Motion declared carried (final action on this
matter under Consent Agenda on October 20, 1997).
Moved by Christiansen, seconded by Sarlo, to concur with
recommendation of Committee of the Whole to adopt
Resolution R- 55 -97, 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:
$2,843,254.28 plus $2,108.19 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
ABSTAIN:1- Elstner (abstained on approving the $2,108.19
in expenditures to Home Depot due to conflict of
interest).
Motion declared carried.
Moved by Elstner, seconded by Higgason, to concur with
recommendation of Committee of the Whole to approve
Change Order #1 to contract with Johnson Paving Company,
1025 E. Addison Court, Arlington Heights, IL 60005,
City's 1997 Contract "B" - Street Resurfacing contractor
(approved on May 3, 1997), to perform reconstruction of
entire length of Bellaire Court (approximately 250') in
the amount of $122,200 (total contract cost to date
$1,518,659.40); and further approve Change Order #1 to
contract with Kabayama Construction Company, 1250 N.
Central Park, Chicago, IL 60651, City's 1997 Concrete
Sidewalk, Curb and Pavement Replacement Program
contractor (approved on April 7, 1997) to DELETE Bellaire
Court patching work in the amount of $17,790 because
contractor is not equipped or experienced to reconstruct
streets (total contract cost to date is $140,509.75).
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 retain the use
of paver bricks as part of the downtown streetscape
program (the Committee of the Whole on September 29, 1997
had agreed that paver bricks associated with the
streetscape project be replaced by concrete) and be
included in the 5 -Year Capital Improvement Program.
Motion declared carried. Alderman Arredia voted no.
Moved by Elstner, seconded by Arredia, to concur with
Staff recommendation and approve the proposed 5 -Year
Capital Improvement Program - 1998 -2002. Upon roll call,
the vote was:
AYES: 4- Elstner, Sarlo, Smith, Arredia
NAYS: 3- Christiansen, Higgason, Brookman
ABSENT: 1- Beauvais
Motion declared carried.
1
1
PAGE TEN
253.
10/6/97
EXECUTIVE Moved by Arredia, seconded by Sarlo, to go into Executive
SESSION: Session to discuss pending litigation. Upon roll call,
the vote was:
AYES: 7- Christiansen, Elstner, Higgason,
Brookman, Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 1- Beauvais
Motion declared carried.
City Council recessed at 10:30 p.m.
City Council reconvened at 10:55 p.m.
Roll call indicated the following aldermen present:
Christiansen, Elstner, Higgason, Brookman, Smith,
Arredia.
PENDING Moved by Higgason, seconded by Smith, that City Attorney
LITIGATION: be authorized to proceed with the matters of Robert Neil
vs. City, William Cremer vs. City, and Gus Ladas vs.
City, as directed in Executive Session. Upon roll call,
the vote was:
AYES: 6- Christiansen, Elstner, Higgason,
Brookman, Smith, Arredia
NAYS: 0 -None
ABSENT: 2- Beauvais, Sarlo
Motion declared carried.
ADJOURNMENT: Moved by Smith, seconded by Elstner, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:57 p.m.
APPROVED BY ME THIS 23
ra
DAY OF G�O\9-"� , 1997
Paul W. J OR
Donna McAllister, CMC /AAE - CITY CLERK