09/08/1998161
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, TUESDAY,
SEPTEMBER 8, 1998
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 7:03 p.m. in the Eleanor Rohrbach Memorial Council
Chambers, Des Plaines Civic Center on Tuesday, September
8, 1998.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Higgason, Sarlo, Smith,
Arredia. Aldermen Brookman was absent. Alderman Beauvais
left the meeting at 10:00 p.m.
Also present were: City Manager Douthwaite, Assistant to the City
Manager Johnson, Director of Finance Egeberg, Fire Chief Farinella,
Police Chief Sturlini, Assistant to the Director of Public Works
Reynolds, City Engineer Oakley, Director of Community Development
D'Onofrio, Director of Human Resources & Services Merriman, Assistant
City Attorney Bartel, and City Attorney Wiltse.
PRAYER AND
PLEDGE:
The opening prayer was given by Pastor James Hargelroad,
First Presbyterian Church, followed by the Pledge of
Allegiance to the Flag.
SALE OF Mayor Jung announced that because of the recent newspaper
LIBRARY articles about the possible sale of the Des Plaines
PROPERTY: Public Library property at 841 Graceland Lane, he has
asked Library Board member John Burke to address the City
Council regarding the Library Board's action.
Mr. Burke stated his apology for not informing the City
Council before the ad regarding the auction of the
Library property appeared in the newspaper. The reason
the Library Board took this action now was because they
needed to know how much money they will have for FF&E
(Furniture, Fixtures & Equipment) when they move into
their new building. This does not bar the City or the
Des Plaines Senior Center from buying the building. They
needed to know what the highest possible value would be
for the sale of this property. They do not have to
accept any of the bids received; they should have let the
City Council know what they were doing.
Alderman Arredia stated that there needs to be a
partnership with the Library; he was embarrassed when he
received calls regarding this ad and knew nothing about
it; he asked that if there are any decisions made as a
Board, the Library Board should keep the City Council
aware of what is going on.
Alderman Sarlo stated that it is very depressing that the
Library Board went ahead and did something like this; why
wasn't City Manager Douthwaite consulted; why did they
have to go with this company. Mr. Burke stated that the
Sheldon Good Company can market this property to the
widest possible market. He takes full responsibility for
not informing the City Council; he apologies for this
oversight.
Alderman Beauvais asked how the auction process works.
Mr. Burke stated that nothing is set in concrete; he will
keep the City Council advised; their only purpose for
taking this action was to establish the highest possible
value for this property.
Alderman Smith asked if a commission has to be paid to
Sheldon Good Company if bids are rejected. Mr. Burke
said no.
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9/8/98
PAGE TWO
LIBRARY Mr. Dick Sayad, 290 Shannon Court, addressed the City
(Cont'd.) Council stating that he was the one who brought this
matter to the aldermen's attention; how could the Library
Board take this action without getting an appraisal; the
Library Board already gave Sheldon Good Company $1,500,
so they must have known that this is what they wanted to
do.
Mr. Harry Eisfeldt, 641 6th Avenue, addressed the City
Council stating that he has lived here 48 years; he
fought to save West School when the City said it was
unfit, now there is a good facility in that building;
there were a lot of lies then and there are now; this
building should be a benefit to the community.
Mrs. Charles Frisbie, 1641 Thacker Street, addressed the
City Council stating that her mission here this evening
was to beg and plead not to let anything happen to the
beautiful Library building.
Mr. Joe Botte, 560 Webford Avenue, addressed the C:Lty
Council stating that he has been a supporter of expanding
the Library for years, but he is very dismayed by the
underhanded action of the Library Board to hire an
auction house to take away this building and build
condominiums; this was a wrong move and a poor move.
Mr. Burke stated that everyone's comments were valid; he
apologized again; the Board's only purpose was to obtain
the highest possible value for the building.
Alderman Beauvais asked if the Library Board could ask
for only bids that would keep the Library building. Mr.
Burke said absolutely, but that could lower the overall
value of the property.
CITIZEN Mr. Dick Reddington, 546 S. Fifth Avenue, addressed the
PARTICIPA.: City Council stating that he has called his alderman
about how the garbage trucks are destroying City streets;
it did stop for awhile, but now they are doing it again;
the City has to keep after them.
Ms. Jewel Mounts, 1326 Rand Road, addressed the City
Council stating that she lives in a mobile home park and
has been paying exorbitant rent for empty land; the owner
of the park does not do any improvements; if we improve
things and leave, they keep the improvements; now they
are putting in water meters which was suppose to come out
of the rent; we are trying to get the rent control bill
repealed in Springfield and need the City's help.
Mr. Dick Sayad, 290 Shannon Court, addressed the City
Council stating that the garbage trucks are damaging his
new street; the garbage company said yes, it was their
trucks, but the street will have to be resurfaced; what
is the City going to do about that.
Mr. Mitch Bloomfield, 435 Oak Street, addressed the City
Council stating that he has two (2) issues: parking
congestion and street cleaning; residents are getting
frivolous parking tickets; this is not the way to address
a parking problem, there should be a clear, consistent
parking policy. Mr. Bloomfield stated that there is no-
where to park the cars during the street cleaning
program; eight (8) hours is too long to keep residents
inconvenienced; the City needs a clear, coherent set of
rules regarding street sweeping.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council stating that it would be inexcusable to tear down
the Library building. Mr. Powers also stated that
Alderman Sarlo should have paid for the copies he
received of the petitions he filed in the City Clerk's
office regarding term limits, which will be on the
COMMENTS
Cont'd.)
CONSENT
AGENDA:
MINUTES:
DELGADO'S
RESUBDIV./
504-508
LINCOLN AVE.:
163
9/8/98
PAGE THREE
November 3, 1998 Election Ballot. Alderman Sarlo stated
that he did not request copies, and City Attorney Wiltse
confirmed that there was a miscommunication between his
office and the City Clerk's office; no copies were
requested.
Mr. Vince Naccarato, 486 Cordial Drive, addressed the
City Council asking the aldermen whether their recent
vote on moving the Library downtown was a reflection of
their Ward or of their personal feeling; how many of the
aldermen met with their residents; how and why did they
vote the way they did on this matter.
Ms. Sandy Kangas, 815 E. Oakton Street, addressed the
City Council stating that she is a resident of the Town
& Country Mobile Home Park; could the City pass a rent
control bill as a home rule community; water meters have
been installed and they have to pay for it; there is not
one fire hydrant in the mobile park.
The president of the Mobile Home Association of Illinois
addressed the City Council asking for the City's help to
repeal Senate Bill 513 regarding mobile home parks.
At the request of Alderman Arredia, the matter of rent
control for mobile home parks will be discussed on
September 21, 1998 under Committee of the Whole.
Alderman Sarlo requested that Item 1 be removed from the
Consent Agenda and Alderman Elstner requested that Item
2 be removed.
Moved by Higgason, seconded by Arredia, to establish a
Consent Agenda except for. Items 1 and 2. Motion declared
carried.
Moved by Elstner, seconded by Higgason, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 7 -Beauvais, Christiansen, Elstner, Higgason,
Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
Staff recommendations and requests were approved;
Ordinances M-60-98, M-61-98, M-62-98, M-63-98, T-14-98
and Z-8-98 were placed on First Reading.
Alderman Sarlo requested that minutes of the regular
meeting of the City Council held August 17, 1998 be
amended as follows: Page Six, under Proposed Zoning Text -
Map, Paragraph Two, Line Eight, delete "and City Attorney
be authorized to draft necessary ordinance" and insert
"and ordinance be placed on First Reading and hold on
Second Reading until the next City Council meeting;" and
Page Seven, under Proposed Zoning Text -Map, Line Eight,
delete "and City Attorney be authorized to draft
ordinance" and insert "and ordinance be placed on First
Reading and hold on Second Reading until the next City
Council meeting."
Moved by Sarlo, seconded by Higgason, to approve minutes
of the regular meeting of the City Council held August
17, 1998, AS AMENDED. Motion declared carried.
Moved by Elstner, seconded by Arredia, that the request
for reduction to the public improvement surety (Letter
of Credit) for Delgado's Third Resubdivision, 504-508
Lincoln Avenue be held for discussion in Committee of the
Whole later in the evening. Motion declared carried.
164
9/8/98
PAGE FOUR
KEEP D.P. Moved by Elstner, seconded by Higgason, to concur with
BEAUTIFUL Staff recommendation to amend Title II, Chapter 7 - "Keep
ORDINANCE: Des Plaines Beautiful Commission," Section 2-7-7 to
Consent provide for additional objectives for the Commission;
Agenda amend Section 2-7-1 to reduce the number of Commission
members from eleven (11) to nine (9); and further
Ordinance recommend to place on First Reading:
M-60-98 Ordinance M-60-98, AN ORDINANCE AMENDING SECTION 2-7-7
"DUTIES; RESPONSIBILITIES" OF CHAPTER 7 "KEEP DES PLAINES
Ordinance BEAUTIFUL COMMISSION," TITLE II, OF THE CITY CODE OF DES
M-61-98 PLAINES, TO ADD THERETO ADDITIONAL OBJECTIVES FOR THE
COMMISSION, and
Ordinance M-61-98, AN ORDINANCE AMENDING SECTION 2-7-1
"KEEP DES PLAINES BEAUTIFUL COMMISSION ESTABLISHED," OF
CHAPTER 7, TITLE II, OF THE CITY CODE OF DES PLAINES TO
REDUCE THE NUMBER OF COMMISSION MEMBERS TO 9.
Motion declared carried as approved unanimously under
Consent Agenda.
TRAFFIC Moved by Elstner, seconded by Higgason, to concur with
RESTRICTION/ Staff recommendation to amend Title X, Chapter 7, Section
ELM ST. AT 10-7-4 - "Yield Right of Way" to add Elm Street (north
RIVERVIEW: and southbound) to yield to Riverview Avenue traffic ;
Consent and further recommend to place on First Reading Ordinance
Agenda T-14-98, AN ORDINANCE AMENDING SECTION 10-7-4 "YIELD
RIGHT OF WAY," OF CHAPTER 7, TITLE X, OF THE CITY CODE
Ordinance OF DES PLAINES, TO ADD THERETO "ELM STREET (NORTHBOUND
T-14-98 AND SOUTHBOUND) TO YIELD TO RIVERVIEW AVENUE TRAFFIC."
Motion declared carried as approved unanimously under
Consent Agenda.
PARKING PAD Moved by Elstner, seconded by Higgason, to concur with
VARIATION/ Staff recommendation to grant request for Variation to
2075 S. Section 111.7.1 of the Building Code to permit
PINE ST.: construction of a 9' x 40' parking pad adjacent to
Consent building located at 2075 S. Pine Street. Motion declared
Agenda carried as approved unanimously under Consent Agenda.
PATIO Moved by Elstner, seconded by Higgason, to concur with
VARIATION/ Staff recommendation to grant request for Variation to
966 LEAHY Section 515.0 of the Building Code, for property located
CIRCLE EAST: at 966 Leahy Circle East, to permit construction of a 18'
Consent x 18' patio that would extend 30.5' from the building
Agenda foundation with a gap of 12' between the inside edge of
the patio and the foundation (Code permits patios to
extend 15.5' from the building foundation). Motion
declared carried as approved unanimously under Consent
Agenda.
ADVERTISING City Clerk be authorized to advertise for bids for
FOR BIDS: Ceramic Tile for Fire Station #1, returnable by 3:00
Consent p.m., Friday, September 25, 1998. Motion declared
Agenda carried as approved unanimously under Consent Agenda.
City Clerk be authorized to advertise for bids for 1998-
1999 Street Light Repairs, returnable by 3:00 p.m.,
Friday, September 25, 1998. Motion declared carried as
approved unanimously under Consent Agenda.
City Clerk be authorized to advertise for bids for
Central Road Pump House Roof Replacement, returnable by
3:00 p.m., Friday, September 25, 1998. Motion declared
carried as approved unanimously under Consent Agenda.
STREET Moved by Elstner, seconded by Higgason, to concur with
MAINT. PARK. Staff recommendation to amend Title X, Chapter 5, Section
RESTRICTION 10-5-30 - "Street Maintenance Activities" to give the
AUTHORIZA.: Director of Public Works the authority to post exceptions
Consent to parking restrictions to facilitate street maintenance
Agenda activities; and further recommend to place on First
Reading Ordinance M-62-98, AN ORDINANCE AMENDING SECTION
Ordinance 10-5-30 "STREET MAINTENANCE ACTIVITIES," OF CHAPTER 5
M-62-98
M-62-98
(Cont'd.)
APPOINTMENTS/
REAPPOINT.:
(Cont'd.)
ORDINANCE
M-63-98
CITY WATER
DISCONNECT
EXEMPTION:
Consent
Agenda
ORDINANCE
Z-8-98
1998
ZONING
ORDINANCE:
Consent
Agenda
APPOINTMENT:
LIQ. LIC./
1916 S.
MANNHEIM RD.:
TOBACCO
REGULATIONS:
165
9/8/98
PAGE FIVE
"STOPPING, STANDING AND PARKING," TITLE X, OF THE CITY
CODE OF DES PLAINES." Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Elstner, seconded by Higgason, to approve
Mayoral appointments/reappointments as follows:
KEEP DES PLAINES BEAUTIFUL COMMISSION:
Reappointments - Candice Messerschmidt, Larry Golberg,
Noreen Lake,
terms to expire June 1, 2001
Appointments - Kevin Collins, Jamie Oros, Donna Holtz,
terms to expire June 1, 2000
CONSUMER PROTECTION COMMISSION:
Reappointments - Marilyn O'Brien, Bill Grice,
terms to expire August 30, 2002
CABLE TELEVISION COMMISSION:
Appointment - Julie Tobin,
term to expire April 30, 2001
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Elstner, seconded by Higgason, to place on First
Reading Ordinance M-63-98, AN ORDINANCE AMENDING SECTION
3-4-2 "PERMIT TO USE WATER," OF CHAPTER 4 "WATER
DEPARTMENT," OF TITLE III OF THE CITY CODE OF DES
PLAINES. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Elstner, seconded by Higgason, to place on First
Reading Ordinance Z-8-98, AN ORDINANCE ADOPTING THE
PROPOSED 1998 ZONING ORDINANCE FOR THE CITY OF DES
PLAINES. Motion declared carried as approved unanimously
under Consent Agenda.
The following appointment is being presented for
consideration: DES PLAINES LIBRARY BOARD - John Walker.
(final action on this matter under Consent Agenda on
September 21, 1998)
MAYOR JUNG DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
LEGAL & LICENSING - Alderman Beauvais, Chair
Petitioners Juan and Rosa Rodriguez was sworn in by the
City Clerk and gave testimony before the Committee of the
Whole.
Moved by Higgason, seconded by Arredia, to recommend to
the City Council approval of Class F Liquor License for
property located at 1916 S. Mannheim Road, d/b/a Taque:ria
Tepa, contingent upon verification of fingerprints; and
further recommend that Ordinance M-65-98 be placed on
First Reading at appropriate time this evening. Motion
declared carried.
City Attorney Wiltse reviewed his memo of September 1,
1998 regarding the various language revisions to the
tobacco regulations that are being proposed and the
addition of the prohibition on possession by minors.
Alderman Arredia stated his concern as to how the
prohibition on possession by minors would be enforced.
Moved by Smith, seconded by Christiansen, to concur with
Staff recommendation and recommend to the City Council
approval of the proposed changes to the tobacco
166
9/8/98
PAGE SIX
TOBACCO regulations; and further recommend that Ordinances M-12-
(Cont'd.) 98, M-13-98, M-14-98 and M-15-98 be placed on First
Reading at appropriate time this evening. Motion
declared carried. Alderman Arredia voted no.
Alderman Beauvais requested that the Police Chief monitor
these changes and report back to the City Council within
six (6) to nine (9) months.
Alderman Higgason requested that all the schools be
notified of these changes.
FINANCE & ADMINISTRATION - Alderman Christiansen, Chair
EXEMPT POS./ Moved by Beauvais, seconded by Arredia, that the request
ASSIST. TO to make the Assistant to the Finance Director an exempt
FIN. DIR.: position be held until the next meeting of the City
Council on September 21, 1998. Motion declared carried.
WARRANT Alderman Christiansen requested that Invoices #229975,
REGISTER: 23038, 230872, 229445, 231209, 229355 and 231420 in the
total amount of $478.63 to the Black Ram Restaurant be
removed from the Warrant Register; Alderman Arredia
requested that Invoice #4387 in the amount of $3,900 to
CCS Owner Services be removed; and Alderman Elstner
requested that invoice dated August 13, 1998 in the
amount of $6,353 to Meier Roofing Company be removed.
All invoices to be held for discussion with Library
representatives at the next City Council meeting.
Moved by Arredia, seconded by Higgason, to recommend to
the City Council approval of September 8, 1998 - Warrant
Register, in the amended amount $3,632,396.11, which
includes $400.60 in expenditures to Home Depot; and
further recommend that Resolution R-53-98 be adopted at
appropriate time this evening. Motion declared carried
(Alderman Elstner abstained on approving the $400.60 in
expenditures to Home Depot - conflict of interest).
COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair
ZONING CASE Director of Community Development D'Onofrio reviewed his
98 -11 -SU memo of August 28, 1998, regarding the request for a
1552 Special Use Permit to allow a gasoline filling station
RAND ROAD: as part of a 7-11 convenience store at 1552 Rand Road and
also a request for a fence variation. While the Des
Plaines Plan Commission and Zoning Board of Appeals both
recommended that the Special Use be granted, the Staff
is recommending approval subject to certain conditions
as outline in the memo.
Petitioner Donald Truschke, Project Manager for Citgo and
7-11, and the traffic engineer for Marcus Engineering
Limited, reviewed the proposed site plan.
Alderman Beauvais stated her concern about the traffic
flow onto Hill Avenue.
Moved by Beauvais, seconded by Higgason, to recommend to
the City Council that Zoning Case 98 -11 -SU, 1552 Rand
Road, be held until the next City Council meeting on
September 21, 1998, and in the meantime Alderman Beauvais
will meet with the residents along Hills Avenue regarding
this proposed Special Use. Motion declared carried.
FINAL PLAT/ Director of Community Development D'Onofrio reviewed his
WESTFIELD memo of August 31, 1998, regarding the request for Final
LANE RESUB.: Plat approval for Westfield Lane Resubdivision which
would include three (3) single-family lots, an outlot for
storm water detention basin and public sidewalks; plus
4�
WESTFIELD
(Cont'd.)
REDUCTION OF
PUBLIC
IMPROVEMENT
SURETY/
DELGADO'S
THIRD RESUB.:
DEMOLITION OF
HAZARDOUS
STRUCTURE/
175 W.
TOUHY AVE.:
167
9/8/98
PAGE SEVEN
a Subdivision Regulations Variation to permit a lot depth
of less than 125' on Lot #3 (Section 9-12-7R). The Plan
Commission recommended to grant approval of the Final
Plat and Variation.
Mr. Jim Reilly, Remax Northwest, 1460 Miner Street, Des
Plaines, agent for the petitioner, addressed the
Committee of the Whole asking that sidewalks not be
required; sidewalks in that location would serve no
purpose; no one else has sidewalks.
Mr. Dan Detloff, 31 Westfield Lane, addressed the
Committee of the Whole requesting that sidewalks not be
required for this property.
Mr. Michael Bobowski, 23 Westfield Lane, addressed the
Committee of the Whole stating that a consistent setting
is what the neighbors want; it serves no purpose to have
a sidewalk that doesn't go anywhere; do not put in
sidewalks.
Resident at 7 Westfield Lane addressed the Committee of
the Whole stating that he is strongly against having
sidewalks.
Mrs. Marlene Pasdo, 32 Westfield Lane, addressed the
Committee of the Whole stating that the neighbors do not
want sidewalks; there is also a safety factor; this is
not a good idea.
Moved by Beauvais, seconded by Arredia, to concur with
the recommendation of the Des Plaines Plan Commission and
Staff, and recommend to the City Council approval of
Final Plat for Westfield Lane Resubdivision, 1320 S. Mt.
Prospect Road; approval of Subdivision Regulations
Variation to permit a lot depth of less than 125' on Lot
#3 (Section 9-12-7R); and further recommend that no
sidewalks be required. Motion declared carried.
Director of Community Development D'Onofrio reviewed his
memo of August 10, 1998, regarding request for reduction
of public surety for Delgado's Third Resubdivision.
Mr. Rolando Delgado, 2207 Sprucewood Avenue, addressed
the Committee of the Whole stating his opposition to
having to install sidewalks; it looks bad for the
neighborhood if sidewalks are put in where there isn't
any now; there should be a consistent plan; residents
don't want sidewalks.
Moved by Beauvais, seconded by Arredia, to recommend to
the City Council to grant request for reduction to the
public improvement surety (Letter of Credit) of 56%, or
from $48,770 to $21,458.80, for Delgado's Third
Resubdivision, 504-508 Lincoln Avenue; and further
recommend that no sidewalks be required. Motion declared
carried.
PUBLIC SAFETY - Alderman Smith, Chair
Moved by Beauvais, seconded by Higgason, to concur with
Staff recommendation and recommend to the City Council
to accept proposal from Speedway Wrecking Company, 2808
S. Eleanor Street, Chicago, IL 60608, for demolition of
cement load station on property located at 175 W. Touhy
Avenue, in the total amount of $55,000/Contingency Fund.
Motion declared carried. Aldermen Elstner and Arredia
voted no.
c)0
168
9/8/98
PAGE EIGHT
BUILDING CODE - Alderman Arredia, Chair
DECK Director of Community Development D'Onofrio reviewed his
VARIATION/ memo of August 31, 1998, regarding request for an after -
965 WILLSON: the -fact variation to make legal a deck that is located
0.41' (5") from the side property line which was built
without the proper permit or the required variation, on
property located at 965 N. Willson Drive.
A resident on Kinkaid Court addressed the Committee of
the Whole in opposition to this request; deck should be
modified to meet existing code.
A resident on Willson Drive addressed the Committee of
the Whole stating that a business is being run out of
this house which has been vacant for a long time; could
be a potential hazard.
Mr. Bob Dillon, 958 N. Willson Drive, addressed the
Committee of the Whole stating that he has complained
about this house for a long time; this deck is a real
determent to the neighborhood.
Moved by Smith, seconded by Higgason, to recommend to the
City Council that request for after -the -fact variation
to Section 516.0 of the Building Code, for property
located at 965 N. Willson Drive, to make legal a deck
which is located only 0.41' (5") from the side property
line and which was built without the proper permit or
required variation, be denied (Code requires a deck to
have a 5' setback from any property line) ; and petitioner
be required to pay a double permit fee. Motion declared
carried.
MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
ORDINANCE Moved by Higgason, seconded by Elstner, to adopt
M-59-98 Ordinance M-59-98, AN ORDINANCE AMENDING SUBSECTION 5 -42 -
HOME RULE 1(A) AND 5-42-1(B) OF CHAPTER 42 "HOME RULE RETAILERS'
SALES TAX AND SERVICE OCCUPATION TAX," OF TITLE V "BUSINESS
INCREASE: REGULATIONS" OF THE CITY CODE OF DES PLAINES, TO REFLECT
A 1/4% TAX INCREASE. Upon roll call, the vote was:
AYES: 5-Elstner, Higgason, Sarlo, Smith, Jung
NAYS: 2 -Christiansen, Arredia
ABSENT: 2 -Beauvais, Brookman
Motion declared carried.
ORDINANCE Moved by Higgason, seconded by Christiansen, to concur
M-12-98 with recommendation of Committee of the Whole to place
TOBACCO on First Reading Ordinance M-12-98, AN ORDINANCE AMENDING
REGULATIONS: TITLE V "BUSINESS REGULATIONS," OF THE CITY CODE OF DES
PLAINES, TO ADD THERETO A NEW CHAPTER 7 "TOBACCO."
Motion declared carried. Alderman Arredia voted no.
ORDINANCE Moved by Higgason, seconded by Christiansen, to concur
M-13-98 with recommendation of Committee of the Whole to place
DELETING on First Reading Ordinance M-13-98, AN ORDINANCE AMENDING
"TOBACCO CHAPTER 4 "MERCHANTS," TITLE V "BUSINESS REGULATIONS,"
DEALERS" OF THE CITY CODE OF DES PLAINES TO DELETE THEREFROM
SECTION: SECTION 5-4-20 "TOBACCO DEALERS," IN ITS ENTIRETY.
Motion declared carried. Alderman Arredia voted no.
ORDINANCE
M-14-98
DELETING
"SALE TO
MINORS"
SECTION:
ORDINANCE
M-15-98
DELETING
"SMOKING
PROHIBITED"
SECTION:
LIQ. LIC./
1916 S.
MANNHEIM RD.:
Ordinance
M-65-98
EXEMPT POS./
ASSIST. TO
FIN. DIR.:
WARRANT
REGISTER:
Resolution
R-53-98
ZONING CASE
98 -11 -SU
1552
RAND ROAD:
FINAL PLAT/
WESTFIELD
LANE RESUB.:
169
9/8/98
PAGE NINE
Moved by Higgason, seconded by Christiansen, to concur
with recommendation of Committee of the Whole to place
on First Reading Ordinance M-14-98, AN ORDINANCE DELETING
SECTION 6-1-8 "CIGARETTES OR TOBACCO, SALE OF TO MINORS,"
OF CHAPTER 1, TITLE VI, OF THE CITY CODE OF DES PLAINES,
IN ITS ENTIRETY. Motion declared carried. Alderman
Arredia voted no.
Moved by Higgason, seconded by Christiansen, to concur
with recommendation of Committee of the Whole to place
on First Reading Ordinance M-15-98, AN ORDINANCE DELETING
SECTION 6-1-54 "SMOKING PROHIBITED" OF CHAPTER 1,
"GENERAL OFFENSES," OF TITLE VI "POLICE REGULATIONS" OF
THE CITY CODE OF DES PLAINES, IN ITS ENTIRETY. Motion
declared carried. Alderman Arredia voted no.
Moved by Higgason, seconded by Christiansen, to concur
with recommendation of Committee of the Whole to approve
Class F Liquor License for property located at 1916 S.
Mannheim Road, d/b/a Taqueria Tepa, contingent upon
verification of fingerprints; and place on First Reading
Ordinance M-65-98. Motion declared carried.
Moved by Christiansen, seconded by Elstner, to advance
to Second Reading and adopt Ordinance M-65-98, AN
ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS"
OF THE CITY CODE OF DES PLAINES, TO INCREASE THE TOTAL
NUMBER OF CLASS F LICENSES BY ONE. Upon roll call, the
vote was:
AYES: 6 -Christiansen, Elstner, Higgason,
Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 2 -Beauvais, Brookman
Motion declared carried.
Moved by Christiansen, seconded by Elstner, to concur
with recommendation of Committee of the Whole that the
request to make the Assistant to the Finance director an
exempt position be held until the next meeting of the
City Council on September 21, 1998. Motion declared
carried.
Moved by Christiansen, seconded by Elstner, to concur
with recommendation of Committee of the Whole to adopt
Resolution R-53-98, 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:
$3,632,396.11, which includes $400.60 in expenditures to
Home Depot. Upon roll call, the vote was:
AYES: 6 -Christiansen, Elstner, Higgason,
Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 2 -Beauvais, Brookman
Motion declared carried (Alderman Elstner abstained on
approving the $400.60 in expenditures to Home Depot).
Moved by Sarlo, seconded by Elstner, to concur with
recommendation of Committee of the Whole that Zoning Case
98 -11 -SU, 1552 Rand Road, be held until the next meeting
of the City Council on September 21, 1998. Motion
declared carried.
Moved by Sarlo, seconded by Elstner, to concur with
recommendation of Committee of the Whole to approve Final
Plat for Westfield Lane Resubdivision, 1320 S. Mt.
Prospect Road; approve Subdivision Regulations Variation
to permit a lot depth of less than 125' on Lot #3
(Section 9-12-7R); and no sidewalks be required. Motion
declared carried.
REDUCTION OF
PUBLIC
IMPROVEMENT
SURETY/
DELGADO'S
THIRD RESUB.:
DEMOLITION OF
HAZARDOUS
STRUCTURE/
175 W.
TOUHY AVE.:
DECK
VARIATION/
965 WILLSON:
PETITIONS/
FLOODING ON
THIRD AVE.:
ORDINANCE
Z-8-98
1998
ZONING ORD.:
EXECUTIVE
SESSION:
170
9/8/98
PAGE TEN
Moved by Sarlo, seconded by Elstner, to concur with
recommendation of Committee of the Whole to grant request
for reduction to the public improvement surety (Letter
of Credit) of 56%, or from $48,770 to $21,458.80, for
Delgado's Third Resubdivision, 504-508 Lincoln Avenue;
and no sidewalks be required. Upon roll call, the vote
was:
AYES:
6 -Christiansen.
Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 2 -Beauvais, Brookman
Motion declared carried.
Elstner, Higgason,
Moved by Smith, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to accept
proposal from Speedway Wrecking Company, 2808 S. Eleanor
Street, Chicago, IL 60608, for demolition of cement load
station on property located at 175 W. Touhy Avenue, in
the total amount of $55,000/Contingency Fund. Upon roll
call, the vote was:
AYES: 4 -Christiansen, Higgason, Sarlo, Smith
NAYS: 2-Elstner, Arredia
ABSENT: 2 -Beauvais, Brookman
Motion declared carried.
Moved by Arredia, seconded by Higgason, to concur with
recommendation of Committee of the Whole that request for
after -the -fact variation to Section 516.0 of the Building
Code, for property located at 965 N. Willson Drive, to
make legal a deck which is located only 0.41' (5") from
the side property line and which was built without the
proper permit or required variation, be denied (Code
requires a deck to have a 5' setback from any property
line); and petitioner be required to pay a double permit
fee. Motion declared carried.
The City Clerk announced that Alderman Elstner presented
petitions to her this evening from residents requesting
help with the flooding in the 800 block of Third Avenue.
Mayor Jung referred the petitions to Staff for review and
report.
Moved by Christiansen, seconded by Elstner, to advance
to Second Reading and adopt Ordinance Z-8-98, AN
ORDINANCE ADOPTING THE PROPOSED 1998 ZONING ORDINANCE FOR
THE CITY OF DES PLAINES. Upon roll call, the vote was:
AYES: 5 -Christiansen, Elstner, Higgason,
Smith, Arredia
NAYS: 1-Sarlo
ABSENT: 2 -Beauvais, Brookman
Motion declared carried.
Moved by Higgason, seconded by Smith, to go into
Executive Session to discuss worker's compensation
claims, pending litigation and acquisition of real
property. Upon roll call, the vote was
AYES: 6 -Christiansen, Elstner, Higgason,
Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 2 -Beauvais, Brookman
Motion declared carried.
The City Council recessed at 10:45 p.m.
The City Council reconvened at 11:15 p.m.
Roll call indicated the following aldermen present:
Christiansen, Elstner, Higgason, Sarlo, Smith, Arredia.
1
1
1
171
9/8/98
PAGE ELEVEN
WORKER'S Moved by Higgason, seconded by Sarlo, to concur with
COMPENSATION consensus in Executive Session that Staff be authorized
CLAIMS: to proceed as directed regarding worker's compensation
claims. Upon roll call, the vote was:
AYES: 6 -Christiansen, Elstner, Higgason,
Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 2 -Beauvais, Brookman
Motion declared carried.
ADJOURNMENT: Moved by Christiansen, seconded by Arredia, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 11:16 p.m.
APPROVED BY ME THIS
DAY OFn -i.et-. , 1998
NAM W .U/
Paul W. J g, MAYOR
Donna McAllister, CMC/AAE - CITY CLERK