08/03/1998147
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,
AUGUST 3, 1998
CALL TO ORDER: The regular meeting of the City Council of the City of Des
Plaines, Illinois, was called to order by City Clerk
McAllister at 7:03 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday,
August 3, 1998.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Elstner, Brookman, Sarlo, Smith, Arredia.
Aldermen Christiansen and Higgason were absent.
Also present were: City Manager Douthwaite, Assistant to the City
Manager Johnson, Director of Finance Egeberg, Fire Chief Farinella,
Police Chief Sturlini, Director of Public Works Shirley, City Engineer
Oakley, Building Official Molinari, Director of Human Resources &
Services Merriman, and Assistant City Attorney Bartel.
ELECTION OF Moved by Arredia, seconded by Brookman, that Alderman
MAYOR PRO Sarlo be elected Mayor Pro Tem in the temporary absence
TEM: of Mayor Jung. Motion declared carried.
PRAYER AND
PLEDGE:
Alderman Sarlo assumed the chair as Mayor Pro Tem
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
PRESENTATION: The 1998 July 4th Parade Chair Jean Marella presented
award certificates to the Parade entry winners on behalf
of the Des Plaines Area Jaycees:
Best Commercial: - Kiddie Junction
Best Non -Commercial: - Cub Scout Pack 25
Best Overall: - Rand Park Dog Training Club
Best Antique Car: - John Tuleweit
Most Creative: - G. L. Hills Funeral Home
Chair Marella expressed her appreciation to the City, the
Parade participants and the residents for their support
of this worthwhile community event.
PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE
HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS,
CDBG ACTION DES PLAINES CIVIC CENTER, MONDAY, AUGUST 3,
PLAN AND 1998
BUDGET:
CALL TO
ORDER:
Mayor Pro Tem Sarlo called the Public Hearing to order
at 7:07 p.m. The Public Hearing was held pursuant to
legal notice to give citizens the opportunity to comment
on the proposed Housing and Community Development Action
Plan for Community Development Block Grant (CDBG) Program
Year 1998 (October 1, 1998 - September 30, 1999), for a
total amount of $311,000.
DISCUSSION: City's Community Development Coordinator, Ruth Broder,
gave a brief overview of the use of these funds and how
they will address the needs within our community.
There was no public comment. No written comment had been
received by the City Clerk prior to the Public Hearing.
The Public Hearing adjourned at 7:13 p.m.
The City Council reconvened at 7:14 p.m.
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CITIZEN Mr. Dick Sayad, 290 Shannon Court, addressed the City
PARTICIPA.: Council stating that he recently switched his cable
service from TCI to Ameritech and then found out he could
not receive the channel that shows the City Council
meetings; when he was called by Ameritech, he was never
told that he would not be able to receive that channel;
this is wrong; they should tell people before they sign
up what they are getting. Mr. Sayad also stated that
citizens addressing the City Council are not always
treated with courtesy; it is getting embarrassing; one
alderman in particular is not very helpful; he hopes this
will change.
CONSENT
AGENDA:
Alderman Brookman expressed her concern that Ameritech
is not living up to their franchise agreement.
Moved by Arredia, seconded by Brookman, that the City
Council meet with Ameritech representatives next week to
discuss their performance. Motion declared carried.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council stating his disappointment that the Whistleblower
Reward and Protection Act was not presented to the City
Council as requested by a resident; this is a good way
to operate the City. Alderman Beauvais stated that this
matter has been referred to Legal & Licensing Committee
for review.
Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the
City Council stating that the tape running on Cable
Channel ##17 is a great thing; the descriptions of the
various departments are worthwhile and it gives the
residents an opportunity to know the aldermen; however,
equal time should be given to candidates when they run
for office.
Moved by Beauvais, seconded by Smith, to establish a
Consent Agenda. Motion declared carried.
Moved by Elstner, seconded by Arredia, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 6 -Beauvais, Elstner, Brookman,
Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 2 -Christiansen, Higgason
Motion declared carried.
The minutes were approved; Staff recommendations and
requests were approved; Ordinances M-53-98, M-54-98 and
M-55-98 were adopted; Ordinances M-57-98, M-58-98, T-11-
98, T-12-98 and T-13-98 were placed on First Reading; and
Resolution R-48-98 was adopted.
MINUTES: Moved by Elstner, seconded by Arredia, to approve minutes
Consent of the special meeting of the City Council held July 16,
Agenda 1998, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Elstner, seconded by Arredia, to approve minutes
of the regular meeting of the City Council held July 20,
1998, as published. Motion declared carried as approved
unanimously under Consent Agenda.
SUSPENSION Moved by Elstner, seconded by Arredia, to concur with
OF DRIVING Staff recommendation to amend Title X of the City Code
PRIVILEGES: to add a new Chapter 18 - "Suspension of Driving
Consent Privileges" authorizing the City Clerk to notify the
Agenda Secretary of State that a person's drivers license is
eligible for suspension because they have failed to
Ordinance satisfy the fines and penalties imposed by final
M-57-98 judgments for ten (10) or more violations of the City's
standing, parking and compliance ordinance within 45 days
of the day of notice and after exhaustion of judicial
review procedures; and further recommend to place on
First Reading Ordinance M-57-98, AN ORDINANCE AMENDING
M-57-98
(Cont'd.)
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PAGE THREE
TITLE X "TRAFFIC" OF THE CITY CODE OF DES PLAINES TO ADD
THERETO A NEW CHAPTER 18 "SUSPENSION OF DRIVING
PRIVILEGES." Motion declared carried as approved
unanimously under Consent Agenda.
RECAPTURE Moved by Elstner seconded by Arredia, to concur with
AGREE./ Staff recommendation to authorize Mayor and City Clerk
1576-1636 to execute Recapture Agreement with Ziggy Zlotorzycki for
HILLS: his recovery of 100% of the total cost of $23,528 for
Consent installation of storm water sewer system extension on
Agenda property located at 1576 to 1636 Hills Avenue; to be paid
by owners of any properties which connect to the line
Ordinance extension; City to become absolute owner of said storm
M-58-98 water sewer system extension at the end of ten (10) years
after ordinance is adopted; and further recommend to
place on First Reading Ordinance M-58-98, AN ORDINANCE
IN REGARD TO THE CONSTRUCTION OF THE ZIGGY ZLOTORZYCKI
HILLS AVENUE MUNICIPAL STORM WATER SEWER EXTENSION.
Motion declared carried as approved unanimously under
Consent Agenda.
PARKING Moved by Elstner, seconded by Arredia, to concur with
RESTRIC./ Staff recommendation to amend Title X, Chapter 5,
5TH AVE.: Section 10-5-17 - "Parking Prohibited in Designated
Consent Places" to ADD Fifth Avenue from Golf Road to the north
Agenda end of Fifth Avenue as "No Parking at Any Time" along the
west side of street; recommend to amend Section 10-5-5(G)
Ordinance - "Restricted Parking Various Hours" to ADD the east side
T-11-98 of Fifth Avenue from Golf Road to the north end of Fifth
Avenue as "No Parking 8:00 A.M. to 9:00 A.M. and 3:00
Ordinance P.M. to 4:00 P.M. on School Days;" and further recommend
T-12-98 to place on First Reading:
Ordinance T-11-98, AN ORDINANCE AMENDING SECTION 10-5-17
"PARKING PROHIBITED IN DESIGNATED PLACES," "SCHEDULE I,"
OF CHAPTER 5 "STOPPING, STANDING AND PARKING," TITLE X,
OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "FIFTH
AVENUE FROM GOLF ROAD TO THE NORTH END OF FIFTH AVENUE,
WEST SIDE;" and
Ordinance T-12-98, 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
"EAST SIDE OF FIFTH AVENUE FROM GOLF ROAD TO THE NORTH
END, 8:00 A.M. TO 9:00 A.M. AND 3:00 P.M. TO 4:00 P.M.
ON SCHOOL DAYS."
Motion declared carried as approved unanimously under
Consent Agenda.
PARKING Moved by Elstner, seconded by Arredia, to concur with
RESTRIC./ Staff recommendation to amend Title X, Chapter 5, Section
CORNELL & 10-5-5(G) - "Restricted Parking Various Hours" to ADD
DRAKE: Cornell Avenue from Drake Lane to Stone Street (200
Consent block), west side of street and Drake Lane from Cambridge
Agenda Avenue to Wolf Road, north side of street, as "No Parking
8:00 A.M. to 10:00 A.M., Weekdays;" and further recommend
Ordinance to place on First Reading Ordinance T-13-98, AN ORDINANCE
T-13-98 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 "CORNELL AVENUE, FROM DRAKE LANE
TO STONE STREET (200 BLOCK), WEST SIDE OF STREET, FROM
8:00 A.M. TO 10:00 A.M., WEEKDAYS" AND "DRAKE LANE, FROM
CAMBRIDGE AVENUE TO WOLF ROAD, NORTH SIDE OF STREET, FROM
8:00 A.M. TO 10:00 A.M., WEEKDAYS." Motion declared
carried as approved unanimously under Consent Agenda.
1999 KEEP Moved by Elstner, seconded by Arredia, to concur with
ILLINOIS Staff recommendation to authorize submission of an
BEAUTIFUL application to Illinois Lieutenant Governor's Office for
GRANT matching grant funding through the "Keep Illinois
APPLICATION: Beautiful Program" in the amount of $2,000 with City
Consent matching funds in the amount of $2,000/1999 Budget; funds
Agenda to provide information to all the Des Plaines households
about curbside collections by Waste Management -Northwest
R-48-98 and branch, leaf and Christmas Tree recycling collections
R-48-98
(Cont'd.)
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PAGE FOUR
by the City's Public Works Department; Mayor and City
Clerk be authorized to execute necessary documents; and
further recommend to adopt Resolution R-48-98, A
RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION
TO THE STATE OF ILLINOIS LIEUTENANT GOVERNOR'S OFFICE FOR
GRANT FUNDING AVAILABLE THROUGH THE "KEEP ILLINOIS
BEAUTIFUL PROGRAM," AND AUTHORIZING THE MAYOR TO EXECUTE
SUCH AGREEMENTS AS ARE NECESSARY TO CAUSE SAID
APPLICATION TO BE CONSIDERED. Motion declared carried
as approved unanimously under Consent Agenda.
1998-1999 Moved by Elstner, seconded by Arredia, to concur with
CDBG ACTION Staff recommendation that Mayor be authorized to sign the
PLAN AND Housing and Community Development Action Plan for
BUDGET: Community Development Block Grant (CDBG) Program Year
Consent 1998 (October 1, 1998 - September 30, 1999) for a total
Agenda amount of $311,000; as presented at a Public Hearing held
August 3, 1998; and submit all to the U.S. Department of
Housing and Urban Development (HUD) no later than August
15, 1998. Motion declared carried as approved
unanimously under Consent Agenda.
DRIVEWAY Moved by Elstner, seconded by Arredia, to concur with
VARIATION/ Staff recommendation to grant request for Variation to
1970 LEE: Section 111.7.1 - "Hard Surface Limitations" of the
Consent Building Code to permit reconstruction of existing
Agenda circular driveway in the front yard of property located
at 1970 Lee Street (Code requires City Council approval
of all circular driveways). Motion declared carried as
approved unanimously under Consent Agenda.
PATIO Moved by Elstner, seconded by Arredia, to concur with
VARIATION/ Staff recommendation to grant request for Variation to
1890 Section 515.0 of the Building Code, for property located
STOCKTON: at 1890 Stockton Avenue, to permit reconstruction of
Consent existing patio with a total area of approximately 404.98
Agenda sq. ft. (Code permits patios to have a total area of 344
sq. ft.). Motion declared carried as approved
unanimously under Consent Agenda.
DECK Moved by Elstner, seconded by Arredia, to concur with
VARIATION/ Staff recommendation to grant request for Variation to
292 Section 516.0 of the Building Code, for property located
GRACELAND: at 292 Graceland Avenue, to permit reconstruction of an
Consent existing deck with a side yard setback of 2' (Code
Agenda requires decks to maintain a 5' setback from property
line). Motion declared carried as approved unanimously
under Consent Agenda.
RE -AWARD Moved by Elstner, seconded by Arredia, to concur with
CONTRACT/ Staff recommendation to rescind contract awarded on May
GUTTERS & 18, 1998 to Hans Rosenow Roofing Company, 2201 Higgins
DOWNSPOUTS Road, Elk Grove Village, IL 60007, for New Gutters and
AT TRANSIT Downspouts at the Miner Street Transit Center in the
CENTER: total bid amount of $21,155, because City failed to
Consent receive their proper bond and insurance certificate for
Agenda this work; and further recommend that this contract be
awarded to the next lowest bidder, Mader Roofing Company,
210 Chicago Avenue, Oak Park, IL 60302, in their total
bid amount of $23,950. Motion declared carried as
approved unanimously under Consent Agenda.
BID AWARD/ Moved by Elstner, seconded by Arredia, to concur with
OIL TANK Staff recommendation to award bid for Removal of
REMOVAL: Underground Waste Oil Tank behind Public Works Building,
Consent 1111 Campground Road, in the amount of $707, plus $62.00
Agenda per cubic yard for removal of contaminated soil/1998
Budgeted Funds, to the lowest bidder, Mankoff Industries,
Inc., 1139 W. Park Avenue, Libertyville, IL 60048.
Motion declared carried as approved unanimously under
Consent Agenda.
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ADVERTISING Moved by Elstner, seconded by Arredia, to concur with
FOR BIDS: Staff recommendation that City Clerk be authorized to
Consent advertise for bids for Data -Aire Computer Room
Agenda Temperature Control Unit for Fire Station #1, returnable
by 3:00 p.m. on Friday, August 21, 1998. Motion declared
carried as approved unanimously under Consent Agenda.
ORDINANCE Moved by Elstner, seconded by Arredia, to adopt Ordinance
M-53-98 M-53-98, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE
DECREASE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO DECREASE
LIQ. LIC. THE TOTAL NUMBER OF CLASS A LICENSES BY ONE (1) AND
CLASSES: DECREASE THE TOTAL NUMBER OF CLASS C LICENSES BY ONE (1).
Consent Motion declared carried as approved unanimously under
Agenda Consent Agenda.
ORDINANCE Moved by Elstner, seconded by Arredia, to adopt Ordinance
M-54-98 M-54-98, AN ORDINANCE AUTHORIZING THE EXECUTION OF A
LIC. AGREE./ RIGHT-OF-WAY LICENSE AGREEMENT WITH HALINA BOROWIEC, FOR
711 THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM
TIMOTHY: IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 711 TIMOTHY LANE,
Consent DES PLAINES, ILLINOIS. Motion declared carried as
Agenda approved unanimously under Consent Agenda.
ORDINANCE Moved by Elstner, seconded by Arredia, to adopt Ordinance
M-55-98 M-55-98, AN ORDINANCE AMENDING CHAPTER 4 "BUILDING
APPLIC. FEE/ PERMITS," OF TITLE IV "BUILDING REGULATIONS," OF THE CITY
BUILDING CODE OF DES PLAINES TO ADD THERETO A NEW SECTION 4-4-:L2:
VARIATIONS: "APPLICATION FEES; VARIATIONS AND LICENSE AGREEMENTS,"
Consent Motion declared carried as approved unanimously under
Agenda Consent Agenda.
MAYOR PRO TEM SARLO DECLARED THAT THE CITY COUNCIL WAS
NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION - Alderman Arredia, Vice Chair
WARRANT Moved by Smith, seconded by Brookman, to concur with
REGISTER: Staff recommendation and recommend to the City Council
approval of August 3, 1998 - Warrant Register, in the
amount $3,445,393.43; and further recommend that
Resolution R-49-98 be adopted at appropriate time this
evening. Motion declared carried.
BUILDING CODE - Alderman Arredia, Chair
PARKING PAD Moved by Arredia, seconded by Brookman, to recommend to
VARIATION/ the City Council that the request for a Parking :Pad
2075 S. Variation for property located at 2075 S. Pine Street be
PINE ST.: tabled for further review and report by Staff. Motion
declared carried.
Mayor Pro Tem Sarlo assumed the chair and declared the
City Council back in session.
ORDINANCE Moved by Brookman, seconded by Arredia, that the City
M-51-98 continue to collect revenue by the municipal electric
ELEC. UTIL. gross receipt utility tax. Upon roll call, the vote was:
TAX: AYES: 1 -Brookman
NAYS: 5 -Beauvais, Elstner, Sarlo, Smith, Arredia
ABSENT: 2 -Christiansen, Higgason
Motion declared failed.
1
1
1
M-51-98
(Cont'd.)
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PAGE SIX
Moved by Beauvais, seconded by Smith, to place on First
Reading Ordinance M-51-98, which authorizes the City to
adopt the Proportional Method to collect electric tax to
replace the gross receipts utility tax. Motion declared
carried. Alderman Brookman voted no.
Moved by Arredia, seconded by Beauvais, to advance to
Second Reading and adopt Ordinance M-51-98, AN ORDINANCE
AMENDING CHAPTER 40 "MUNICIPAL UTILITY TAX," OF TITLE V
"BUSINESS REGULATIONS," OF THE CITY CODE OF DES PLAINES,
IN ITS ENTIRETY. Upon roll call, the vote was:
AYES: 5 -Beauvais, Elstner, Sarlo, Smith, Arredia
NAYS: 1 -Brookman
ABSENT: 2 -Christiansen, Higgason
Motion declared carried.
ORDINANCE Moved by Arredia, seconded by Elstner, to adopt Ordinance
Z-7-98 Z-7-98, AN ORDINANCE GRANTING A VARIATION TO SECTION
VARIATION/ 3.1.2.11 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO
75 W. PERMIT THE CONSTRUCTION OF A 24' X 55' DETACHED ACCESSORY
ALGONQUIN: STRUCTURE, INSTEAD OF THE ALLOWED MAXIMUM OF 24' X 30'
IN R-2 SINGLE FAMILY DISTRICT, ON THE PROPERTY COMMONLY
KNOWN AS 75 WEST ALGONQUIN (CASE NO. 98-07-V) . Upon roll
call, the vote was:
AYES: 5 -Beauvais, Elstner, Brookman, Sarlo, Arredia
NAYS: 1 -Smith
ABSENT: 2 -Christiansen, Higgason
Motion declared carried.
WARRANT Moved by Arredia, seconded by Elstner, to concur with
REGISTER: recommendation of Committee of the Whole to adopt
Resolution R -49-98e BE IT RESOLVED BY THE CITY COUNCIL
Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
R-49-98 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$3,445,393.43. Upon roll call, the vote was:
AYES: 6 -Beauvais, Elstner, Brookman,
Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 2 -Christiansen, Higgason
Motion declared carried.
PARKING PAD Moved by Arredia, seconded by Elstner, to concur with
VARIATION/ recommendation of Committee of the Whole that the request
2075 S. for a Parking Pad Variation for property located at 2075
PINE ST.: S. Pine Street be tabled for further review and report
by Staff. Motion declared carried.
ORDINANCE Moved by Beauvais, seconded by Smith, to advance to
M-57-98 Second Reading and adopt Ordinance M-57-98, AN ORDINANCE
SUSPENSION AMENDING TITLE X "TRAFFIC" OF THE CITY CODE OF DES
OF DRIVING PLAINES TO ADD THERETO A NEW CHAPTER 18 "SUSPENSION OF
PRIVILEGES: DRIVING PRIVILEGES." Upon roll call, the vote was:
AYES: 6 -Beauvais, Elstner, Brookman,
Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 2 -Christiansen, Higgason
Motion declared carried.
ADJOURNMENT: Moved by Smith, seconded by Beauvais, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 8:05 p.m.
APPROVEBY ME THIS 24/4
DAY OF4 Ail ,k , 1998
Paul W. J YOR
PPP A
Donna McAllister, CMC/AAE - CITY CLERK