10/20/1997254.
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 20, 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 7:02 P.M. in the Eleanor Rohrbach Memorial Council
Chambers, Des Plaines Civic Center on Monday, October 20,
1997.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Higgason, Brookman,
Sarlo, Smith, Arredia.
Also present were: City Manager Douthwaite, Assistant to the City
Manager Carter, 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 The opening prayer was given by City Clerk McAllister,
PLEDGE: followed by the Pledge of Allegiance to the Flag.
CITIZEN Mr. Vince Powers, 862 Webster Lane, addressed the City
COMMENTS: Council questioning the procedure used by the City
Council to review the bi- monthly Register of Bills; he
recommended a new procedure that each alderman would be
responsible for reviewing the expenditures for his
committee, i.e. Alderman Elstner would review all
engineering expenditures, Alderman Higgason would review
all public works expenditures.
Mr. Powers cited two concerns:
1) The purchase of litter containers without going out
for bid, without department or City Council approval, and
the resulting cost of returning the containers when the
error was realized (restocking- shipping charges); and
2) The $40 annual fee for the Mayor's Master Credit Card.
Mr. Powers requested that the Mayor respond to his
following concerns:
....would you consider implementing a procedure to have
each alderman be responsible for reviewing items on the
Register of Bills relating to his or her committee
assignment;
....would you please reinstruct your department heads to
follow the bid procedures as outlined in Chapter 19 of
the City Code;
....would you please emphasize the necessity of
department heads approving all vouchers and invoices of
their subordinates; and
....would you please get a credit card with no annual
fee.
Mr. John Higgins introduced himself to the City Council
as the new Regional Director for Customer Satisfaction
for TCI; he is committed to completing the franchise
agreement negotiations with the City; every item in the
agreement is negotiable; he stated that TCI is
repositioning the Disney Channel from premium service to
expanded basic by the end of the year, or sooner.
Mr. John Yaccino, 1779 Cora Street, addressed the City
Council expressing his concern about the health
conditions at the Dominicks Food Store, Lee and Oakton
Streets; who is the City's health officer; who can he
contact regarding his concerns.
PAGE TWO
255.
10/20/97
CONSENT Alderman Sarlo requested that Item 3 be removed from the
AGENDA: Consent Agenda, and Mayor Jung requested that Items 10
and l0a be removed.
Moved by Higgason, seconded by Beauvais, to establish a
Consent Agenda except for Items 3, 10 and 10a. Motion
declared carried.
Moved by Elstner, seconded by Brookman, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8- Beauvais, Christiansen, Elstner, Higgason,
Brookman, Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
The minutes were approved; Staff recommendations and
requests were approved; Ordinances M- 59 -97, M- 67 -97, M-
68-97, M- 69 -97, M- 70 -97, and Z -13 -97 were adopted;
Ordinances M- 73 -97, T -9 -97, T- 10 -97, T- 11 -97, T- 12 -97,
and T -13 -97 were placed on First Reading.
MINUTES: Moved by Elstner, seconded by Brookman, to approve
Consent minutes of regular meeting of the City Council held
Agenda October 6, 1997, as published. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Elstner, seconded by Brookman, to approve
minutes of Executive Session of the City Council held
October 6, 1997. Motion declared carried as approved
unanimously under Consent Agenda.
PROPOSED A lengthy discussion was held on the Des Plaines Cable
FRANCHISE Commission's action regarding retaining a consultant to
AGREEMENT/ review the proposed franchise agreement with Ameritech
AMERITECH: and other materials the Cable Commission has gathered.
Alderman Beauvais stated that she would not support any
funding for a consultant.
Alderman Brookman stated that the City needs to get the
very best contract with Ameritech; she would like to see
the city negotiate, not capitulate; we are losing
advertising revenues, we are losing peg channels.
Moved by Brookman, seconded by Arredia, to suspend the
rules to permit the representative of the Des Plaines
Cable Commission and the public to give input on this
matter. Upon roll call, the vote was
AYES: 6- Christiansen, Higgason, Brookman,
Sarlo, Smith, Arredia
NAYS: 2- Beauvais, Elstner
ABSENT: 0 -None
Motion declared carried.
Mr. Richard Luckritz, Chairman of the Des Plaines Cable
Commission, addressed the City Council stating that the
Commission has agreed that it would be in the best
interest of the City to seek the help of a consultant;
they have contacted a consultant and asked him to look
at the whole franchise; probably 80 % -90% of the franchise
is absolutely fine, but the consultant would give the
Commission the best input to enable them to make a
recommendation to the City Council.
Mr. Luckritz stated that his major concerns are gross
revenues, exempting Ameritech from any local ordinance
or local laws, and the peg channels.
Mayor Jung asked Mr. Luckritz if he could meet the
November 3, 1997 deadline to return to the City Council
with the Commission's findings. Mr. Luckritz said he is
not sure. City Manager Douthwaite stated that it will
not be possible to meet this deadline.
PAGE THREE
256.
10/20/97
AMERITECH Alderman Brookman stated that the Des Plaines Cable
(Cont'd.) Commission has expressed serious concerns about this
franchise agreement; we should give them more time; we
should not block their action.
Mr. Gene Fregetto, 800 Laurel Avenue, addressed the City
Council and reviewed his letter to the City Council which
he submitted for distribution; City should not get into
a box like Naperville did; City should go out for other
proposals to see if other cable providers are interested;
City should negotiate first with TCI and then offer the
agreement to Ameritech.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council stating that he was under the impression that the
City Council had given the Des Plaines Cable Commission
until November 3, 1997 to report their findings; do not
delay this matter any further; the City Council is
probably receiving calls from people who want Ameritech.
Moved by Elstner, seconded by Arredia, to concur with
recommendation of Committee of the Whole held October 6,
1997, 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 regarding the proposed Ameritech New Media
Franchise Agreement, and report back to the Committee of
the Whole.
Motion by Brookman that the City authorize the Des
Plaines Cable Commission to spend up to $3,000 to hire
Consultant Barry Orton to review the proposed franchise
agreement with Ameritech and other materials, died for
lack of a second.
Upon roll call on the original motion, the vote was:
AYES: 7- Beauvais, Christiansen, Elstner, Higgason,
Sarlo, Smith, Arredia
NAYS: 1- Brookman
ABSENT: 0 -None
Motion declared carried.
SALE OF Moved by Elstner, seconded by Brookman, to concur with
CITY Staff recommendation to authorize sale by auction through
PROPERTY the Northwest Municipal Conference on Saturday, October
BY AUCTION: 25, 1997, eight (8) police vehicles (one (1) is a seized
Consent Customs vehicle and proceeds will be deposited in that
Agenda account); and further recommend to place on First Reading
Ordinance M- 73 -97. Motion declared carried as approved
Ordinance unanimously under Consent Agenda.
M -73 -97
Moved by Higgason, seconded by Elstner, to advance to
Second Reading and adopt Ordinance M- 73 -97, AN ORDINANCE
AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL
PROPERTY OWNED BY THE CITY OF DES PLAINES. Upon roll
call, the vote was:
AYES: 8- Beauvais, Christiansen, Elstner, Higgason,
Brookman, Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
PARKING Moved by Elstner, seconded by Brookman, to concur with
RESTRIC./ Staff recommendation to amend Title X, Chapter 5, Section
LINDEN ST. 10 -5 -17 - "Parking Prohibited in Designated Places" as
& ORCHARD: follows:
Consent a. Delete "no parking" on west side of Linden Street
Agenda from Oakton Street to Prospect Avenue and add "no
parking" on west side of Linden Street from Alley, 125'
Ordinance south of Oakton Street, to Prospect Avenue; and
T - - 97 b. Legalize present "no parking" on east side of Orchard
Street from Prospect Avenue to the Alley, 125' south of
Oakton Street;
f;41t
T -9 -97
(Cont'd.)
PAGE FOUR
257.
10/20/97
and further recommend to place on First Reading Ordinance
T -9 -97, AN ORDINANCE AMENDING SCHEDULE I OF SECTION 10 -5-
17, OF CHAPTER 5, TITLE X, OF THE CITY CODE OF DES
PLAINES, TO DELETE THEREFROM "LINDEN STREET, FROM OAKTON
STREET TO PROSPECT AVENUE, WEST SIDE OF STREET," AND TO
ADD THERETO "LINDEN STREET, FROM ALLEY (125 FT.) SOUTH
OF OAKTON STREET, EAST SIDE OF STREET" AND "ORCHARD
STREET, FROM PROSPECT AVENUE TO ALLEY (125 FT.) SOUTH OF
OAKTON STREET, EAST SIDE OF STREET." Motion declared
carried as approved unanimously under Consent Agenda.
PARKING Moved by Elstner, seconded by Brookman, to concur with
RESTRIC./ Staff recommendation to amend Title X, Chapter 5, Section
ELIZABETH 10- 5 -5(G) - "Parking Limited in Designated Places" as
& KOLPIN: follows:
Consent a. Add "no parking" on Elizabeth Lane, from Joyce Drive
Agenda to Kolpin Drive, south side of street, 7:45 a.m. to 8:45
a.m. and 2:45 p.m. to 3:45 p.m., on school days only; and
Ordinance b. Add "no parking" on Kolpin Drive, from Elizabeth Lane
T -10 -97 to 400' north of Elizabeth Lane, both sides of the
street, 7:45 a.m. to 8:45 a.m. and 2:45 p.m. to 3:45
p.m., on school days only;
and further recommend to place on First Reading Ordinance
T- 10 -97, AN ORDINANCE AMENDING SECTION 10- 5 -5(G)
"RESTRICTED PARKING - VARIOUS HOURS," OF CHAPTER 5, TITLE
X, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO
"ELIZABETH LANE, FROM JOYCE DRIVE TO KOLPIN DRIVE, SOUTH
SIDE OF STREET, 7:45 A.M. TO 8:45 A.M. AND 2:45 P.M. TO
3:45 P.M., ON SCHOOL DAYS ONLY;" AND "KOLPIN DRIVE, FROM
ELIZABETH LANE TO 400 FEET NORTH OF ELIZABETH LANE, BOTH
SIDES OF THE STREET, 7:45 A.M. TO 8:45 A.M. AND 2:45 P.M.
TO 3:45 P.M., ON SCHOOL DAYS ONLY." Motion declared
carried as approved unanimously under Consent Agenda.
PARKING Moved by Elstner, seconded by Brookman, to concur with
RESTRIC./ Staff recommendation to amend Title X, Chapter 5,
CENTER ST.: Schedule I of Section 10 -5 -17 - "Parking Prohibited in
Consent Designated Places," to add "no parking" on east side of
Agenda Center Street from Ashland Avenue to Thacker Street; and
further recommend to place on First Reading Ordinance T-
Ordinance 11 -97, AN ORDINANCE AMENDING SCHEDULE I OF SECTION 10-5 -
T-11-97 17, OF CHAPTER 5, TITLE X, OF THE CITY CODE OF DES
PLAINES, TO ADD THERETO "CENTER STREET, FROM ASHLAND
AVENUE TO THACKER STREET, EAST SIDE OF THE STREET."
Motion declared carried as approved unanimously under
Consent Agenda.
PARKING Moved by Elstner, seconded by Brookman, to concur with
RESTRIC./ Staff recommendation to amend Title X, Chapter 5,
BROWN ST.: Schedule I of Section 10 -5 -17 - "Parking Prohibited in
Consent Designated Places," to delete "no parking" on north side
Agenda of Brown Street from Alles Street to Lee Street except
for 100' in front of 485 Brown Street, and add "no
Ordinance parking" on the north side of Brown Street from Alles
T -12 -97 Street to Alley east of Alles Street; and further
recommend to place on First Reading Ordinance T- 12 -97,
AN ORDINANCE AMENDING SCHEDULE I OF SECTION 10 -5 -17, OF
CHAPTER 5, TITLE X, OF THE CITY CODE OF DES PLAINES, TO
DELETE THEREFROM "BROWN STREET, ALLES STREET TO LEE
STREET, EXCEPT FOR 100 FEET IN FRONT OF 485 BROWN STREET,
NORTH SIDE OF THE STREET," AND ADD THERETO "BROWN STREET,
ALLES STREET TO ALLEY EAST OF ALLEY STREET, NORTH SIDE
OF STREET." Motion declared carried as approved
unanimously under Consent Agenda.
PARKING Moved by Elstner, seconded by Brookman, to concur with
RESTRIC./ Staff recommendation to amend Title X, Chapter 5,
CORA ST.: Schedule III of Section 10- 5- 5(F)(3) - "3 -Hour Parking
Consent Limit, Monday through Friday, 10:00 a.m. through 6:00
Agenda p.m., excluding Saturdays, Sundays and holidays," to
delete east side of Cora Street from Algonquin Road to
Ordinance Ashland Avenue and add east side of Cora Street from the
T -13 -97 Alley north of Algonquin Road to Ashland Avenue; and
T -13 -97
(Cont'd.)
AMERITECH
TELEPHONE
SERVICE
AREA:
Resolution
R -56 -97
REDUCTION/
PUBLIC
IMPROVE.
SURETY
DiMARIA'S
RESUBDIV.:
Consent
Agenda
REDUCTION/
PUBLIC
IMPROVE.
SURETY
NOVAK'5
RESUBDIV.:
Consent
Agenda
BID AWARD/
WOODLAND
TOWNHOMES
STORM SEWER
IMPROVE.:
Consent
Agenda
ORDINANCE
M -59 -97
LIQ. LIC./
353 N. RIVER:
Consent
Agenda
ORDINANCE
M -67 -97
PARKING
RESTRIC./
"TAXI ONLY"
AREAS:
Consent
Agenda
ORDINANCE
M -68 -97
RECAPTURE
AGREEMENT/
MEADOWLAKE
II RESUBDIV.:
Consent
Agenda
PAGE FIVE
258.
10/20/97
further recommendation to place on First Reading
Ordinance T- 13 -97, AN ORDINANCE AMENDING SCHEDULE II,
SECTION 10 -5 -5 (F) (3) , "3 -HOUR PARKING LIMIT," OF THE CITY
CODE OF DES PLAINES, TO DELETE THEREFROM "CORA STREET,
FROM ALGONQUIN ROAD TO ASHLAND AVENUE, EAST SIDE OF
STREET" AND TO ADD THERETO "CORA STREET, FROM THE ALLEY
NORTH OF ALGONQUIN ROAD TO ASHLAND AVENUE, EAST SIDE OF
STREET." Motion declared carried as approved unanimously
under Consent Agenda.
Mayor Jung stated that the matter of Ameritech's
telephone service area within Des Plaines is being held
until the next City Council meeting on November 3, 1997.
Moved by Elstner, seconded by Brookman, to concur with
Staff recommendation to grant request that public
improvement surety be reduced by 84 %, or $49,989.24, for
DiMaria's Resubdivision, 2226 and 2237 Sprucewood Avenue,
which includes storm and sanitary sewers, grading, public
sidewalks and sod; and existing Letter of Credit be
amended to $11,902.20, which includes the yearly 25%
increase. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Elstner, seconded by Brookman, to concur with
Staff recommendation to grant request that public
improvement surety be reduced by 95 %, or $22,572, for
Novak's Resubdivision, 1440 -1446 Wedgewood Avenue, which
includes a storm sewer, catch basins, driveway aprons,
parkway restoration with grading. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Elstner, seconded by Brookman, to concur with
Staff recommendation to award bid for Woodland Townhomes
Storm Sewer Improvements, 1560 -1578 Woodland Avenue, to
the lowest bidder, Mola Construction Company, Inc., 1303
Joseph Lane, Addison IL 60101, in the amount of $55,378/
General Improvement Fund with $26,000 reimbursed from
Special Service Area #4. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Elstner, seconded by Brookman, to adopt
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 as approved unanimously under
Consent Agenda.
Moved by Elstner, seconded by Brookman, to adopt
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 Elstner, seconded by Brookman, to adopt
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.
PAGE SIX
259.
10/20/97
ORDINANCE Moved by Elstner, seconded by Brookman, to adopt
M -69 -97 Ordinance M- 69 -97, AN ORDINANCE IN REGARD TO THE
RECAPTURE CONSTRUCTION OF THE DELGADO SUBDIVISION EXTENSION OF THE
AGREEMENT / MUNICIPAL STORM WATER SEWER SYSTEM OF THE CITY OF DES
DELGADO PLAINES, ILLINOIS. Motion declared carried as approved
SUBDIVIS.: unanimously under Consent Agenda.
Consent
Agenda
ORDINANCE Moved by Elstner, seconded by Brookman, to adopt
M -70 -97 Ordinance M- 70 -97, AN ORDINANCE AUTHORIZING THE SALE BY
SALE OF PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF
CITY PROP. DES PLAINES. Motion declared carried as approved
BY AUCTION: unanimously under Consent Agenda.
Consent
Agenda
ORDINANCE Moved by Elstner, seconded by Brookman, to adopt
Z -13 -97 Ordinance Z- 13 -97, AN ORDINANCE GRANTING A VARIATION TO
VARIATION/ SECTION 3.1.2.11 OF THE CITY OF DES PLAINES ZONING
1649 ESTES: ORDINANCE, TO PERMIT THE EXPANSION OF AN EXISTING GARAGE
Consent TO 32.37 FEET BY 24.33 FEET INSTEAD OF THE PERMITTED 24.0
Agenda 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 WORKS - Alderman Higgason, Chair
WATER SYS. Moved by Smith, seconded by Elstner, to concur with Staff
FACILITY recommendation and recommend to the City Council, that
IMPROVE./ it would be in the best interest of the City to waive the
ENGR. SVS.: usual proposal procedures and permit Staff to request one
proposal from Harza Engineering, 233 S. Wacker Drive,
Chicago, IL 60606, to perform design services for the
Water Facility Improvements at the Maple Street and
Central Road Pump Stations; Staff to negotiate proposal
received and present final proposal and costs to the City
Council for approval. Motion declared carried. Alderman
Brookman voted no.
LIQ. LIC./
623 N.
WOLF ROAD:
Mayor Paul W. Jung 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 October 20, 1997 Warrant Register, in the amount of
$1,800,463.54; and further recommend that Resolution R-
57-97 be adopted at appropriate time this evening.
Motion declared carried.
LEGAL & LICENSING - Alderman Beauvais, Chair
Petitioner David Maish was sworn in by the City Clerk and
gave testimony before the City Council.
Moved by Christiansen, seconded by Sarlo, to recommend
to the City Council to grant request for Class A Liquor
License for property located at 623 N. Wolf Road, d /b /a
David's Bistro (formerly White Star Cafe); contingent
upon verification of fingerprints; and Ordinance M -74 -97
be placed on First Reading at appropriate time this
evening. Motion declared carried.
PAGE SEVEN
260.
10/20/97
CHRONIC Moved by Sarlo, seconded by Brookman, to concur with
NUISANCE Staff recommendation and recommend to the City Council
PROPERTY approval of proposed ordinance to abate the chronic
ABATEMENT nuisance behavior or conduct, of a criminal nature, on
ORDINANCE: any property within the City; and Ordinance M -75 -97 be
placed on First Reading at appropriate time this evening.
Motion declared carried.
PUBLIC SAFETY - Alderman Smith, Chair
PURCHASE/ Moved by Arredia, seconded by Elstner, to concur with
FIRE FIGHT. Staff recommendation and recommend to the City Council,
PROTECTIVE that it is in the best interest of the City that usual
CLOTHING: bid procedures be waived and approve purchase of ten (10)
sets of Morning Pride Fire Fighting Protective Gear from
W. S. Darley & Company, Equipment Division, 2000 Anson
Drive, Melrose Park, IL 60160, in the amount of $1,200
per set for a total expenditure of $12,000 /Budgeted
Funds. Motion declared carried.
Mayor Paul W. Jung assumed the chair, and declared the
City Council back in session.
ORDINANCE Moved by Christiansen, seconded by Beauvais, to adopt
M -66 -97 Ordinance M- 66 -97, AN ORDINANCE AMENDING SECTION 10 -9 -4
ANTIQUE "VEHICLE LICENSE FEES," CHAPTER 9 "LICENSES," TITLE X,
VEHICLE OF THE CITY CODE OF DES PLAINES TO ADD THERETO LICENSE
LICENSE PLATE CLASS "PASSENGER MOTOR VEHICLE (ANTIQUE VEHICLE)"
FEE: 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.
ORDINANCE Moved by Christiansen, seconded by Elstner, to adopt
M -71 -97 Ordinance M- 71 -97, AN ORDINANCE AMENDING CHAPTER 2 "FIRE
EXEMPT RANK/ DEPARTMENT," OF TITLE III "DEPARTMENTS," OF THE CITY CODE
DEPUTY FIRE OF DES PLAINES, TO ADD THERETO A NEW SECTION 3 -2 -14
CHIEF(S): "DEPUTY FIRE CHIEF" AS AN EXEMPT RANK POSITION. Upon
roll call, the vote was:
AYES: 6- Beauvais, Christiansen, Elstner, Higgason,
Smith, Arredia
NAYS: 1 -Sarlo
ABSENT: 0 -None
ABSTAIN:1- Brookman (conflict of interest)
Motion declared carried.
ORDINANCE Moved by Higgason, seconded by Sarlo, to adopt Ordinance
M -72 -97 M- 72 -97, AN ORDINANCE AMENDING TITLE V - "BUSINESS
SEWER USER REGULATIONS" OF THE CITY CODE OF DES PLAINES, TO ADD A
FEE: NEW CHAPTER 53 "STORM SEWER FEE." Upon roll call, the
vote was:
AYES: 5- Beauvais, Higgason, Sarlo, Smith, Arredia
NAYS: 3- Christiansen, Elstner, Brookman
ABSENT: 0 -None
Motion declared carried.
ZONING CASE Moved by Christiansen, seconded by Sarlo, to concur with
97 -25 -SU recommendation of Committee of the Whole held October 6,
855 RAND: 1997, re Zoning Case 97- 25 -SU, to grant request for
Special Use to permit auto . sales in C -2 General
Ordinance Commercial District on property located at 855 Rand Road,
Z -14 -97 contingent upon the nine (9) Staff recommended conditions
except that the City will pay cost to remove or relocate
any catch basins or light standards from dedicated area,
and petitioner be permitted to repair the wood stockade
855 RAND
(Cont'd.)
PAGE EIGHT
261.
10/20/97
fence at the rear of the lot rather than replace it; and
place on First Reading Ordinance Z- 14 -97.
Moved by Smith, seconded by Sarlo, to amend the motion
to require that the petitioner replace the wood stockade
fence at the rear of the lot rather than repair it.
Mayor Jung expressed concurrence with this motion to
require that the fence be replaced in its entirety.
Upon roll call on the motion to amend, the vote was:
AYES: 5- Beauvais, Higgason, Sarlo, Smith, Arredia
NAYS: 3- Christiansen, Elstner, Brookman
ABSENT: 0 -None
Motion declared carried.
Moved by Sarlo, seconded by Beauvais, to amend the
amended motion to add at the end of Section 4.1 the
sentence: "The City agrees to maintain the catch basin
as long as it remains in the dedicated area." Motion
declared carried.
Moved by Sarlo, seconded by Smith, to advance to Second
Reading and adopt Ordinance Z -14 -97 - AS AMENDED, AN
ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO
ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE,
TO ALLOW THE PREMISES TO BE USED FOR AUTO SALES, SERVICE
AND REPAIRS, IN C -2 GENERAL COMMERCIAL DISTRICT ON THE
PROPERTY COMMONLY KNOWN AS 855 RAND ROAD (97- 25 -SU).
Alderman Elstner stated his opposition to the petitioner
being required to replace the fence rather than repair
it; this is going to be a very expensive fence that this
new business will have to replace, he thinks this is
wrong.
Moved by Brookman, seconded by Beauvais, to suspend the
rules to permit public input on this matter. Motion
declared carried.
Attorney Dan Dowd, representing the petitioner, addressed
the City Council stating that this is an 8' fence more
than 300' long; it would cost more than $25,000 to
replace it; much of the existing wood can be
rehabilitated saving the petitioner $7,500; the City has
a maintenance code which the petitioner would be made to
follow if necessary.
Alderman Beauvais stated that she originally voted in
favor of the petitioner repairing the fence, but she has
gone out to the property and now feels the fence must be
replaced.
Upon the motion to adopt, the vote was:
AYES: 5- Beauvais, Higgason, Sarlo, Smith, Arredia
NAYS: 3- Christiansen, Elstner, Brookman
ABSENT: 0 -None
Motion declared failed (a vote of two - thirds (2/3) is
required). This matter will appear under Unfinished
Business on November 3, 1997.
WATER SYS. Moved by Higgason, seconded by Christiansen, to concur
FACILITY with recommendation of Committee of the Whole that it
IMPROVE./ would be in the best interest of the City to waive the
ENGR. SVS.: usual proposal procedures and permit Staff to request one
(1) proposal from Harza Engineering, 233 S. Wacker Drive,
Chicago, IL 60606, to perform design services for the
Water Facility Improvements at the Maple Street and
Central Road Pump Stations; Staff to negotiate proposal
received and present final proposal and costs to the City
Council for approval. Motion declared carried.
PAGE NINE
262.
10/20/97
WARRANT Moved by Christiansen, seconded by Elstner, to concur
REGISTER: with recommendation of Committee of the Whole to adopt
Resolution R- 57 -97, BE IT RESOLVED BY THE CITY COUNCIL
Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
R -57 -97 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$1,800,463.54. 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
623 N. with recommendation of Committee of the Whole to grant
WOLF ROAD: request for Class A Liquor License for property located
at 623 N. Wolf Road, d /b /a David's Bistro (formerly White
Ordinance Star Cafe); contingent upon verification of fingerprints;
M -74 -97 and place on First Reading Ordinance M- 74 -97. Motion
declared carried.
Moved by Beauvais, seconded by Christiansen, to advance
to Second Reading and adopt Ordinance M- 74 -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. 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.
CHRONIC Moved by Beauvais, seconded by Christiansen, to concur
NUISANCE with recommendation of Committee of the Whole to approve
PROPERTY proposed ordinance to abate the chronic nuisance behavior
ABATEMENT: or conduct, of a criminal nature, on any property within
the City; and place on First Reading Ordinance M- 75 -97.
Ordinance Motion declared carried.
M -75 -97
Moved by Beauvais, seconded by Christiansen, to advance
to Second Reading and adopt Ordinance M- 75 -97, AN
ORDINANCE AMENDING TITLE VI, POLICE REGULATIONS, TO ADD
THERETO CHAPTER 22, CHRONIC NUISANCE PROPERTY ABATEMENT.
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.
PURCHASE/ Moved by Smith, seconded by Arredia, to concur with
FIRE FIGHT. recommendation of Committee of the Whole that it is in
PROTECTIVE the best interest of the City that usual bid procedures
CLOTHING: be waived and approve purchase of ten (10) sets of
Morning Pride Fire Fighting Protective Gear from W. S.
Darley & Company, Equipment Division, 2000 Anson Drive,
Melrose Park, IL 60160, in the amount of $1,200 per set
for a total expenditure of $12,000 /Budgeted Funds. 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.
CIGARETTES At the request of Alderman Smith, Mayor Jung authorized
& SMOKELESS the City Attorney to draft an ordinance prohibiting the
TOBACCO: use and /or possession of cigarettes and smokeless tobacco
by persons under 18, for review by the City Council at
a future meeting.
1
1
1
APPROVED BY ME THIS
lie
DAY 0 j /V o• , 1997
Paul W. J 4 ., MAYOR
PAGE TEN
263.
10/20/97
ADJOURNMENT: Moved by Arredia, seconded by Brookman, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:25 p.m.
Donna McAllister, CMC /AAE - CITY CLERK