09/21/1998172
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,
SEPTEMBER 21, 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council
Chambers, Des Plaines Civic Center on Monday, September
21, 1998.
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 Johnson, Director of Finance Egeberg, Fire Chief Farinella,
Police Chief Sturlini, Director of Public Works Shirley, 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:
PRESENTATION:
PRESENTATION:
RECOGNITION:
CITIZEN
PARTICIPA.:
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Police Chief Sturlini and Fire Chief Farinella presented
Citizen Awards of Appreciation to Mr. Vic Jin Young Chong
and Mr. Parekh Devang Ramesh for their unselfish act of
courage and bravery in coming to the aid of a fellow
citizen when, on August 8, 1998, they pulled Mr. Mark
Christman from his vehicle after it crashed into a tree
and became engulfed in flames. Mayor Jung also expressed
his gratitude for their heroism.
Mayor Jung presented a plaque of appreciation to Herb
Braden, retiring member of the Des Plaines Cable
Television Commission, for his many years of dedicated
service.
Mayor Jung introduced Cathy Niemet, instructor in the
Alliance for Lifelong Learning Program at Oakton
Community College. Ms. Niemet introduced and recognized
the following tutors and students:
Janet Evans - who received a "Tutor of the Year" award
from the Literacy Volunteers of America (LVA) -Illinois
and the Rotary One Club of Chicago for her work in the
Learn to Read to Learn program;
Natalia Vaynshteyn - an English as a Second Language
student who received the Spotlight on Achievement Award
as one of the 10 (ten) outstanding adult literacy
students in Illinois;
Mary Brusca - who was honored by Oakton Community College
for donating more than 2,000 hours as a volunteer;
Ted Colburn, Anne DeFranco, Janet Evans, Elaine Johnson
Joan Maney, Mary Mott, Shirley Peters, Gloria Schreck and
Diane Strassburger - who were honored for serving ten
(10) years and/or contributing 1,000+ hours to the
program; and
Georgeanne Lucas - who learned to read and write as an
adult after enrolling in the literacy program at the Des
Plaines Public Library.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council stating that he had occasion to call 9-1-1 for
the Police on Saturday night; the officer arrived
promptly and was very polite; he appreciated what he did.
Mr. Serbin also expressed his concern that not all City
Council and Commission members are familiar with the Open
Meetings Act; when new people come on board, they should
be trained; there should be a seminar given to prevent
„pm
CITIZEN
(Cont'd.)
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
FIRE TRAINING
OFFICERS:
Consent
Agenda
Ordinance
M-66-98
LIC. AGREE./
394
CORNELL:
Consent
Agenda
173
9/21/98
PAGE TWO
any legal problems; these people should be made aware of
what they are getting into; there should be education.
A resident at 1914 Nimitz Drive addressed the City
Council stating that bushes hang over the street from the
trailer park; people from the trailer park use the street
as an alley for their dogs; he would like a fence put up
to prevent the people from using that street.
Mr. Mike O'Malley, 320 N. Wolf Road, addressed the City
Council regarding his concern that elected officials are
receiving health insurance benefits illegally; he has
gone to the Attorney General's Office, State Senator
Marty Butler's office and the newspapers, but have not
been able to get a response; there has been a coverup;
he intends to right this wrong.
Mrs. Linda Gall, 1277 S. Second Avenue, addressed the
City Council stating that she had applied for the $10,000
retirement incentive which was part of the City's recent
early Retirement Program; her request was denied; she
feels she is entitled to this benefit since she met the
requirements.
Moved by Smith, seconded by Christiansen, to establish
a Consent Agenda. Motion declared carried.
Moved by Sarlo, 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.
Minutes were approved; Staff recommendations and requests
were approved; Ordinances M-60-98, M-61-98, M-62-98, M-
63-98 and T-14-98 were adopted; Ordinances M-66-98, M-67-
98 and Z-9-98 were placed on First Reading; and
Resolutions R-54-98 and R-55-98 were adopted.
Moved by Sarlo, seconded by Brookman, to approve minutes
of the regular meeting of the City Council held September
8, 1998, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Brookman, to approve minutes
of the Executive Session of the City Council held
September 8, 1998. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sarlo, seconded by Brookman, to concur with
Staff recommendation to amend Title I, Chapter 15,
Section 1-15-4 - "Classification Plan to the City
Service" to add the positions of Fire Lieutenant Assigned
Assistant Training Officer and Fire Captain Assigned
Training Officer (housekeeping action); and further
recommend to place on First Reading Ordinance M-66-98,
AN ORDINANCE AMENDING SCHEDULE I -A "FIRE GROUP,"
EFFECTIVE FROM MAY 1, 1998 TO APRIL 30, 1999," OF SECTION
1-15-4 "CLASSIFICATION PLAN TO THE CITY SERVICE," CHAPTER
15, TITLE I, OF THE CITY CODE OF DES PLAINES, TO ADD
THERETO THE POSITIONS OF "FIRE LIEUTENANT ASSIGNED
ASSISTANT TRAINING OFFICER" AND "FIRE CAPTAIN ASSIGNED
TRAINING OFFICER." Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sarlo, seconded by Brookman, to concur with
Staff recommendation to grant request to permit
installation of a private fence, on property located at
394 Cornell Avenue, that would extend 8' into the
publicly -owned right-of-way along Princeton Street
(secondary front yard); Mayor and City Clerk be
M-67-98
(Cont'd.)
ZONING CASE
98-20-V
3055
STILLWELL:
Consent
Agenda
Ordinance
Z-9-98
RENEWAL/
INTER. GOV.
AGREE. WITH
MAINE TOWN.:
Consent
Agenda
Resolution
R-54-98
PUBLIC
IMPROVEMENTS/
DIMARIA'S
RESUBDIV.:
Consent
Agenda
Resolution
R-55-98
REDUCTION/
PUB. IMPROV.
SURETY
DONOVAN'S
RESUBDIV.:
Consent
Agenda
APPOINTMENT:
Consent
Agenda
174
9/21/98
PAGE THREE
authorized to execute necessary license agreement; and
further recommend to place on First Reading Ordinance M-
67-98, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-
OF-WAY LICENSE AGREEMENT WITH JOHN AND JOLYNN METZGER FOR
THE INSTALLATION OF A FENCE IN THE PUBLIC RIGHT-OF-WAY
IN FRONT OF 394 CORNELL, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sarlo, seconded by Brookman, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
Staff, re Zoning Case 98-20-V, to permit reconstruction
of a detached garage with an average length of 33.76'
instead of the allowed 30' on property located at 3055
Stillwell Drive; and further recommend to place on First
Reading Ordinance Z-9-98, AN ORDINANCE GRANTING A
VARIATION TO SECTIONS 3.2.4.2 AND 3.1.2.11 OF THE CITY
OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE
RECONSTRUCTION OF A DETACHED GARAGE MEASURING 19.38 FEET
BY 33.76 FEET WITH 2.9 FEET FROM THE SIDE PROPERTY LINE
INSTEAD OF THE REQUIRED 5 FEET IN R-2 SINGLE FAMILY
RESIDENTIAL DISTRICT FOR THE PROPERTY COMMONLY KNOWN AS
3055 STILLWELL DRIVE (CASE NO. 98-20-V). Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Brookman, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute renewal of Intergovernmental
Agreement with Maine Township for the establishment and
maintenance of a Youth Drop -In Program at various sites
at an annual program cost of $3,000, for the period
beginning September 1, 1998 and ending August 31, 1999;
and further recommend to adopt Resolution R-54-98, A
RESOLUTION OF THE CITY COUNCIL OF DES PLAINES, ILLINOIS,
AUTHORIZING THE RENEWAL OF AN AGREEMENT FOR
INTERGOVERNMENTAL COOPERATION BY AND BETWEEN THE CITY OF
DES PLAINES AND THE TOWNSHIP OF MAINE FOR ESTABLISHMENT
AND MAINTENANCE OF A YOUTH DROP-IN CENTER. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sarlo, seconded by Brookman, to concur with
Staff recommendation to accept Public Improvements that
include public sidewalks, concrete driveways, sanitary
and storm sewers, a catch -basin, a manhole and parkway
restoration for DiMaria's Resubdivision, 2233-2237
Sprucewood Avenue; authorize release of public
improvement surety of $11,920.20, and the cash guarantee
(tree bond) of $600 contingent upon the approval by the
City Forester of the planting of the required two (2)
trees (cash warranty of $5,951.10 to be held for 18
months); and further recommend to adopt Resolution R-55-
98, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS IN
DIMARIA'S RESUBDIVISION, 2233-2237 SPRUCEWOOD AVENUE.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sarlo, seconded by Brookman, to concur with
Staff recommendation to grant request for reduction of
public improvement surety of 22.8%, or from $8,322.60 to
$2,000, for Donovan's Resubdivision, 2274-2280 Douglas
Avenue. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sarlo, seconded by Brookman, to approve Mayoral
appointment of John Walker to the DES PLAINES LIBRARY
BOARD, term to expire June 30, 2000. Motion declared
carried as approved unanimously under Consent Agenda.
175
9/21/98
PAGE FOUR
ORDINANCE Moved by Sarlo, seconded by Brookman, to adopt Ordinance
M-60-98 M-60-98, AN ORDINANCE AMENDING SECTION 2-7-7 "DUTIES;
ADD. OBJEC./ RESPONSIBILITIES" OF CHAPTER 7 "KEEP DES PLAINES
KEEP D.P. BEAUTIFUL COMMISSION," TITLE II, OF THE CITY CODE OF DES
BEAUTIFUL: PLAINES, TO ADD THERETO ADDITIONAL OBJECTIVES FOR THE
Consent COMMISSION. Motion declared carried as approved
Agenda unanimously under Consent Agenda.
ORDINANCE Moved by Sarlo, seconded by Brookman, to adopt Ordinance
M-61-98 M-61-98, AN ORDINANCE AMENDING SECTION 2-7-1 "KEEP DES
REDUCE NUM. PLAINES BEAUTIFUL COMMISSION ESTABLISHED," OF CHAPTER 7,
COMM. MEMB./ TITLE II, OF THE CITY CODE OF DES PLAINES TO REDUCE THE
KEEP D.P. NUMBER OF COMMISSION MEMBERS TO 9. Motion declared
BEAUTIFUL: carried as approved unanimously under Consent Agenda.
Consent
Agenda
ORDINANCE Moved by Sarlo, seconded by Brookman, to adopt Ordinance
M-62-98 M-62-98, AN ORDINANCE AMENDING SECTION 10-5-30 "STREET
STREET MAINT. MAINTENANCE ACTIVITIES," OF CHAPTER 5, "STOPPING,
PARKING STANDING AND PARKING," TITLE X, OF THE CITY CODE OF DES
RESTRICTION PLAINES. Motion declared carried as approved unanimously
AUTHORITY: under Consent Agenda.
Consent
Agenda
ORDINANCE Moved by Sarlo, seconded by Brookman, to adopt Ordinance
M-63-98 M-63-98, AN ORDINANCE AMENDING SECTION 3-4-2 "PERMIT TO
CITY WATER USE WATER," OF CHAPTER 4 "WATER DEPARTMENT," OF TITLE III
DISCONNECT OF THE CITY CODE OF DES PLAINES. Motion declared carried
EXEMPTION: as approved unanimously under Consent Agenda.
Consent
Agenda
ORDINANCE Moved by Sarlo, seconded by Brookman, to adopt Ordinance
T-14-98 T-14-98, AN ORDINANCE AMENDING SECTION 10-7-4 "YIELD
YIELD SIGNS/ RIGHT OF WAY," OF CHAPTER 7, TITLE X, OF THE CITY CODE
ELM ST. AT OF DES PLAINES, TO ADD THERETO "ELM STREET (NORTHBOUND
RIVERVIEW: AND SOUTHBOUND) TO YIELD TO RIVERVIEW AVENUE TRAFFIC."
Consent Motion declared carried as approved unanimously under
Agenda Consent Agenda.
MAYOR JUNG DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION - Alderman Christiansen, Chair
EXEMPT POS./ Director of Finance Egeberg reviewed his memo of
ASSIST. TO September 1, 1998, regarding his request to make the
FIN. DIR.: Assistant Director of Finance & Administration an exempt
position from Civil Service to conform with other
department assistants, i.e. Deputy Fire Chief, Assistant
City Attorney, Police Captains, Building Official,
Assistant Public Works Director.
Assistant Director of Finance Placko, who is retiring at
the end of the year, addressed the Committee of the Whole
stating that this position should remain Civil Service;
making the position exempt would not improve the
candidates or the candidates' qualifications; he feels
he can answer questions honestly since he answers first
to the residents, then to the aldermen and then to the
administration.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole in support of this request; as
someone goes up the ladder in an organization they take
on more responsibility; why should they have a permanent
job.
EXEMPT POS.
(Cont'd.)
176
9/21/98
PAGE FIVE
Moved by Brookman, seconded by Sarlo, to recommend to the
City Council that the request to make the Assistant
Director of Finance & Administration an exempt position
from Civil Service be denied. Motion declared carried.
Alderman Smith voted no.
WARRANT Alderman Arredia asked about the Library invoices that
REGISTER: were removed from the Warrant Register on September 8,
1998, i.e. $478.63 to the Black Ram Restaurant; $3,900
to CCS Owner Services; and $6,353 to Meier Roofing
Company.
Mr. John Burke, Library Board member, addressed the
Committee of the Whole regarding the Black Ram Restaurant
invoices; these lunches were part of the interview
process for hiring the head of the Children's Department.
Alderman Christiansen stated that he didn't think it was
a very good idea to go to the Black Ram Restaurant, one
of the finest restaurants in town.
Alderman Arredia stated that these expenditures were out
of line.
Library Administrator Sandra Norlin addressed the
Committee of the Whole stating that the $3,900 to CCS
Owner Services was not a duplication of services; they
have represented the Library at various meetings; this
expenditure was agreed to by the Library last December
before the City committed to moving the Library downtown.
Library Board President Eldon Burk addressed the
Committee of the Whole stating that CCS Owner Services
did a lot of work to prepare the Library for its
presentation to the City Council; they are experts in
library development
Mayor Jung stated that both Lohan & Associates and LR
Development told him that if CCS Owner Services had not
done this work, they would have had to hire someone else;
they are the experts.
Library Administrator Norlin stated that the Library
followed the proper bidding procedure in 1997 for the
roof repair work; they received three bids.
Alderman Christiansen requested that a meeting be
arranged between the Library and the City Council.
Moved by Arredia, seconded by Sarlo, to recommend to the
City Council approval of September 21, 1998 - Warrant
Register in the amount of $2,268,685.32, which includes
$260.46 in expenditures to Home Depot; and further
recommend that Resolution R-56-98 be adopted at
appropriate time this evening. Motion declared carried
(Alderman Elstner abstained on approving the $260.46 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 outlined in the memo.
RAND ROAD
(Cont'd.)
IDOT AGREE./
ROUTE 83
(ELMHURST
ROAD) IMPRV.:
IDOT AGREE./
OAKTON ST.
RECONSTRUC.:
177
9/21/98
PAGE SIX
Mr. Ken Johnson, 1602 Hills Avenue, addressed the
Committee of the Whole stating that he is concerned about
the traffic onto Hills Avenue that this project will
cause; he is not against the project itself.
Resident at 296 Grove Avenue addressed the Committee of
the Whole stating that it was her understanding that
these lots were zoned residential; they were never
informed that they were changed to commercial.
Mr. Ellis Lipp, 782 Mark Avenue, addressed the Committee
of the Whole stating that the use of this property has
been in Court before; he is confused with the survey of
this area; the map he received from the Engineering
Department shows that the entire project would be in the
flood plain.
Moved by Beauvais, seconded by Brookman, to concur with
Staff recommendation and recommend to the City Council,
re Zoning Case 98 -11 -SU, to grant request for a Special
Use Permit to allow a gasoline filling station as part
of a 7-11 convenience store at 1552 Rand Road and also
a request for a fence variation, contingent upon certain
conditions as outlined in the Staff Report of June 30,
1998; and further contingent upon no right hand turn onto
Hills Avenue; and City Attorney be authorized to draft
necessary ordinance. Motion declared carried.
ENGINEERING - Alderman Elstner, Chair
City Engineer Oakley reviewed his memo of September 10,
1998, regarding the proposed resurfacing and intersection
improvements along Illinois Route 83 (Elmhurst Road) from
I-90 (northwest Tollway) to Illinois Route 58 (Golf
Road), at a cost to the City of $12,151, MFT Funds.
Alderman Higgason expressed her concern that all the
businesses along Route 83 have been notified of how this
project will impact their business. The IDOT
representative stated that they had been notified but
that he would do it again.
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation and recommend to the City Council
that City enter into an agreement with Illinois
Department of Transportation (IDOT) for the resurfacing
and intersection improvements along Illinois Route 83
(Elmhurst Road) from I-90 (Northwest Tollway) to Illinois
Route 58 (Golf Road), at a cost to the City of $12,171,
MFT Section 98 -00176 -00 -PV; and further recommend that
Ordinances M-68-98, M-69-98 and M-70-98 be placed on
First Reading at appropriate time this evening but held
on Second Reading until October 5, 1998, and Resolution
R-57-98 be held for adoption on October 5, 1998. Motion
declared carried.
Moved by Christiansen, seconded by Sarlo, to concur with
Staff recommendation and recommend to the City Council
that City enter into Local Agency Agreement for Federal
Participation with Illinois Department of Transportation
(IDOT) to secure regional funding for the reconstruction
of Oakton Street, from Lee Street to Des Plaines/River
Road, at a cost to the City of $541,777/MFT Section 97-
00173 -00 -PV; City enter into Construction Engineering
Services Agreement for Federal Participation STU Section
97 -00173 -00 -PV with McDonough Associates, Inc., 180 N.
Stetson Avenue, Chicago, IL 60601, for construction
engineering consultant services, at a cost of $214,300
with reimbursement to the City in the amount of $181,083;
and further recommend that Resolution R-59-98 be adopted
at appropriate time this evening. Motion declared
carried.
178
9/21/98
PAGE SEVEN
BUILDING CODE - Alderman Arredia, Chair
FENCE & Moved by Arredia, seconded by Sarlo, to recommend to the
PARKING PAD City Council that the request for Fence & Parking Pad
VARIATION/ Variation for 893 Walnut Court be held until the next
893 WALNUT: City Council meeting on October 5, 1998. Motion declared
carried.
PARKING PAD Director of Community Development D'Onofrio reviewed his
VARIATION/ memo of September 14, 1998, regarding a request to permit
1484 construction of a parking pad adjacent to a detached
ALGONQUIN: garage. The Staff is recommending denial of this
request.
Petitioner James Ragusin addressed the Committee of the
Whole stating that there is an existing parking pad where
the new garage will be constructed; there are a number
of non -conforming parking pads in the area; and the City
Council previously approved a similar parking pad at 1518
Algonquin Road.
Moved by Christiansen, seconded by Brookman, to recommend
to the City Council to grant request for Variation to
Section 111.7.1 of the Building Code to permit
construction of a 18.08' x 18.17' parking pad adjacent
to a detached garage on property located at 1484
Algonquin Road. Motion declared carried.
LEGAL & LICENSING - Alderman Beauvais, Chair
RENT CONTROL/ The president of the Mobile Home Association of Illinois
MOBILE HOME addressed the Committee of the Whole in support of the
PARKS: proposed resolution asking the General Assembly to repeal
the Rent Control Preemption Act and adopt the
Manufactured Homeowner's Bill of Rights.
Ms. Terri Nelson, 1330 Rand Road, addressed the Committee
of the Whole stating that there will be a meeting on
Friday, September 25, 1998 at 7:00 p.m. at Arndt Park,
Howard Avenue and White Street, with all mobile home
owners regarding Senate Bill #531; everyone should come
and hear from the people who are affected by this Bill.
A resident who stated he has lived on Touhy Avenue for
28 years addressed the Committee of the Whole urging them
to send a message to the State Legislature; because of
these rents increases, many people are going without food
and electricity.
a -gar -}••=to htlaillee
Moved by Arredia, seconded by Brookman, to recommend to
the City Council that the City call for the Illinois
General Assembly to repeal the Rent Control Preemption
Act and adopt the Manufactured Homeowner's Bill of
Rights; and further recommend that Resolution R-58-98 be
adopted at appropriate time this evening. Motion
declared carried. Alderman Smith voted no.
MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
ORDINANCE Moved by Sarlo, seconded by Arredia, to adopt Ordinance
M-12-98 M-12-98, AN ORDINANCE AMENDING TITLE V "BUSINESS
TOBACCO REGULATIONS," OF THE CITY CODE OF DES PLAINES, TO ADD
REGULATIONS: THERETO A NEW CHAPTER 7 "TOBACCO." Upon roll call, the
10/5/98
"Alderman Smith stated that the City should not be in the
business of regulating the rent that a private business
charges."
1
1
1
M-12-98
(Cont'd.)
ORDINANCE
M-13-98
DELETING
"TOBACCO
DEALERS"
SECTION:
ORDINANCE
M-14-98
DELETING
"SALE TO
MINORS"
SECTION:
ORDINANCE
M-15-98
DELETING
"SMOKING
PROHIBITED"
SECTION:
EXEMPT POS./
ASSIST. TO
FIN. DIR.:
179
9/21/98
PAGE EIGHT
vote was:
AYES: 8 -Beauvais, Christiansen, Elstner, Higgason,
Brookman, Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Sarlo, seconded by Arredia, to adopt Ordinance
M-13-98, AN ORDINANCE AMENDING CHAPTER 4 "MERCHANTS,"
TITLE V "BUSINESS REGULATIONS," OF THE CITY CODE OF DES
PLAINES TO DELETE THEREFROM SECTION 5-4-20 "TOBACCO
DEALERS,
AYES:
NAYS:
" IN ITS ENTIRETY. Upon roll call, the vote was:
8 -Beauvais, Christiansen, Elstner, Higgason,
Brookman, Sarlo, Smith, Arredia
0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Sarlo, seconded by Arredia, to adopt 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. 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.
Moved by Sarlo, seconded by Arredia, to adopt 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. 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.
Moved by Christiansen, seconded by Brookman, to concur
with recommendation of Committee of the Whole that the
request to make the Assistant Director of Finance &
Administration an exempt position from Civil Service be
denied. Motion declared carried. Alderman Smith and
Mayor Jung voted no.
WARRANT Moved by Christiansen, seconded by Brookman, to concur
REGISTER: with recommendation of Committee of the Whole to adopt
Resolution R-56-98, BE IT RESOLVED BY THE CITY COUNCIL
Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
R-56-98 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$2,268,685.32, which includes $260.46 in expenditures to
Home Depot. 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 (Alderman Elstner abstained on
approving the $260.46 in expenditures to Home Depot)„
ZONING CASE Moved by Sarlo, seconded by Arredia, to concur with
98 -11 -SU recommendation of Committee of the Whole, Zoning Case 98-
1552 11 -SU, to grant request for a Special Use Permit to allow
RAND ROAD: a gasoline filling station as part of a 7-11 convenience
store at 1552 Rand Road and also a request for a fence
variation, contingent upon certain conditions as outlined
in the Staff Report of June 30, 1998, and further
contingent upon no right hand turn onto Hills Avenue; and
City Attorney be authorized to draft necessary ordinance.
Motion declared carried (further action on this matter
under Consent Agenda on October 5, 1998).
IDOT AGREE./
ROUTE 83
(ELMHURST
ROAD) IMPRV.:
Ordinance
M-68-98
Ordinance
M-69-98
Ordinance
M-70-98
Resolution
R-57-98
IDOT AGREE./
OAKTON ST.
RECONSTRUC.:
Resolution
R-59-98
FENCE &
PARKING PAD
VARIATION/
893 WALNUT:
PARKING PAD
VARIATION/
1484
ALGONQUIN:
RENT CONTROL/
MOBILE HOME
PARKS:
R-58-98
180
9/21/98
PAGE NINE
Moved by Elstner, seconded by Sarlo, to concur with
recommendation of Committee of the Whole that City enter
into an agreement with Illinois Department of
Transportation (IDOT) for the resurfacing and
intersection improvements along Illinois Route 83
(Elmhurst Road) from I-90 (Northwest Tollway) to Illinois
Route 58 (Golf Road), at a cost to the City of
$12,171/MFT Section 98 -00176 -00 -PV; and place on First
Reading:
Ordinance M-68-98, AN ORDINANCE RESTRICTING PARKING ALONG
ELMHURST ROAD, BETWEEN I-90 AND GOLF ROAD, WITHIN THE
CITY OF DES PLAINES;
Ordinance M-69-98, AN ORDINANCE PROHIBITING THE DISCHARGE
OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR
DRAINAGE FACILITY CONSTRUCTED AS A PART OF THE ILLINOIS
ROUTE 83 (ELMHURST ROAD) IMPROVEMENT;
Ordinance M-70-98, AN ORDINANCE PROHIBITING ENCROACHMENTS
WITHIN THE STATE OF ILLINOIS RIGHT OF WAY ALONG ILLINOIS
ROUTE 83 (ELMHURST ROAD);
and further recommend that Resolution R-57-98, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES
AUTHORIZING THE APPROPRIATION OF SUFFICIENT FUNDS FOR THE
CITY'S SHARE OF MFT SECTION 98 -00176 -00 -PV IMPROVEMENT,
be adopted at the next City Council meeting on October
5, 1998. Motion declared carried (final action on this
matter under Consent Agenda on October 5, 1998).
Moved by Elstner, seconded by Christiansen, to concur
with recommendation of Committee of the Whole that City
enter into Local Agency Agreement for Federal
Participation with Illinois Department of Transportation
(IDOT) to secure regional funding for the reconstruction
of Oakton Street, from Lee Street to Des Plaines/River
Road, at a cost to the City of $541,777/MFT Section 97-
00173 -00 -PV; City enter into Construction Engineering
Services Agreement for Federal Participation STU Section
97 -00173 -00 -PV, with McDonough Associates, Inc., 180 N.
Stetson Avenue, Chicago, IL 60601, for construction
engineering consultant services, at a cost of $214,300
with reimbursement to the City in the amount of $181,083;
and further to adopt Resolution R-59-98, A RESOLUTION
AUTHORIZING THE EXECUTION OF A JOINT AGENCY AGREEMENT
BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE
CITY OF DES PLAINES TO SECURE REGIONAL FUNDING FOR THE
RECONSTRUCTION OF OAKTON STREET, FROM LEE STREET TO DES
PLAINES/RIVER ROAD, AND THE EXECUTION OF A CONSTRUCTION
ENGINEERING SERVICES AGREEMENT BETWEEN McDONOUGH
ASSOCIATES, INC. AND THE CITY OF DES PLAINES FOR THE
IMPROVEMENT. 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.
Moved by Arredia, seconded by Elstner, to concur with
recommendation of Committee of the Whole that request for
Fence & Parking Pad Variation for 893 Walnut Court be
held until the next City Council meeting on October 5,
1998. Motion declared carried.
Moved by Arredia, seconded by Christiansen, to concur
with recommendation of Committee of the Whole to grant
request for Variation to Section 111.7.1 of the Building
Code of permit construction of a 18.08' x 18.17' parking
pad adjacent to a detached garage on property located at
1484 Algonquin Road. Motion declared carried.
Moved by Beauvais, seconded by Christiansen, to concur
with recommendation of Committee of the Whole that the
City call for the Illinois General Assembly to repeal the
Rent Control Preemption Act and adopt the Manufactured
Homeowner's Bill of Rights; and further to adopt
R-58-98
(Cont'd.)
181
9/21/98
PAGE TEN
Resolution R-58-98, A RESOLUTION REQUESTING THE STATE OF
ILLINOIS GENERAL ASSEMBLY TO REPEAL THE RENT CONTROL
PREEMPTION ACT AND ADOPT THE MANUFACTURED HOMEOWNERS'S
BILL OF RIGHTS. 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 Elstner, seconded by Higgason, to reconsider
Z-8-98 vote taken on September 8, 1998, to adopt Ordinance Z-8-
1998 98, AN ORDINANCE ADOPTING THE PROPOSED 1998 ZONING
ZONING ORD.: ORDINANCE FOR THE CITY OF DES PLAINES.
RECESS:
Moved by Sarlo, seconded by Christiansen, that there be
a five (5) minute recess. Motion declared carried.
Aldermen Elstner, Brookman, Smith and Arredia voted no.
Mayor Jung voted aye (breaking the tie).
The City Council recessed at 10:47 p.m.
The City Council reconvened at 10:55 p.m.
Upon roll call on the motion to reconsider, the vote was:
AYES: 6 -Beauvais, Christiansen, Elstner, Higgason,
Sarlo, Arredia
NAYS: 2 -Brookman, Smith
ABSENT: 0 -None
Motion declared carried.
Moved by Smith, seconded by Brookman, to readopt
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: 2 -Brookman, Smith
NAYS: 6 -Beauvais, Christiansen, Elstner, Higgason,
Sarlo, Arredia
ABSENT: 0 -None
Motion declared failed.
Moved by Arredia, seconded by Beauvais, to readopt
Ordinance Z-8-98, AN ORDINANCE ADOPTING THE PROPOSED 1998
ZONING ORDINANCE FOR THE CITY OF DES PLAINES, EXCEPT for
c�� Section 5.4-1 - "Single Nonconforming Lots of Record,"
(pV * and City Attorney be authorized to prepare amended
Ordinance Z-8-98. Upon roll call, the vote was:
AYES: 7 -Beauvais, Christiansen, Elstner, Higgason,
Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
EXECUTIVE Moved by Higgason, seconded by Smith, to go into
SESSION: Executive Session to discuss labor negotiations, pending
litigation, personnel and acquisition of real property.
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 City Council recessed at 11:11 p.m.
The City Council reconvened at 11:54 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Higgason, Brookman,
Sarlo, Smith, Arredia.
10/5/98
ADD: "said ordinance still being on Second Reading;"
1
1
1
FIRE UNION
CONTRACT:
182
9/21/98
PAGE ELEVEN
Moved by Beauvais, seconded by Smith, to concur with
consensus in Executive Session to ratify the collective
bargaining agreement between the City and the Des Plaines
Professional Firefighters Association and Mayor and City
Clerk be authorized to execute same; agreement to begin
May 1, 1998 and expire April 30, 2001; and City Attorney
be authorized to draft necessary resolution and
ordinance. Upon roll call, the vote was:
AYES: 9 -Beauvais, Christiansen, Elstner, Higgason,
Brookman, Sarlo, Smith, Arredia, Jung
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried (further action on this matter
under Consent Agenda on October 5, 1998).
ADJOURNMENT: Moved by Christiansen, seconded by Elstner, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 11:55 p.m.
APPROV
D BY ME THIS
/3r4
1
Donna McAllister, CMC/AAE - CITY CLERK