10/19/1998196
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 19, 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, October 19,
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 Economic Development Klaus, Director of
Finance Egeberg, Fire Chief Farinella, Police Captain Ryan, 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:
RECOGNITION:
Crimestoppers
Police Award
CITIZEN
PARTICIPA.:
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Police Captain Jim Ryan expressed the gratitude and
appreciation of the Des Plaines Police Department for the
outstanding efforts of the Des Plaines Crimestoppers
organization for the past 15 years. Captain Ryan
introduced James R. Scheskie, Chairman of Des Plaines
Crimestoppers, Inc., who gave a brief history of the
organization and how they have assisted the Des Plaines
Police Department in clearing 342 cases and the recovery
of over $1,300,000 worth of property during these 15
years. Mayor Jung also expressed his appreciation and
presented Mr. Scheskie with the proclamation he signed
declaring the week of October 19, 1998 as Crimestopper
Week.
Captain Jim Ryan introduced Detective Sergeant James
Prandini, who recently received the Award of Merit for
Outstanding Service and Professionalism from Cook County
Sheriff Michael F. Sheahan. Detective Sergeant Prandini
received the award in recognition of his outstanding
leadership while serving as the Tactical Unit Supervisor.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council and also congratulated Detective Sergeant
Prandini. Mr. Serbin also stated that he has new respect
for our Library after visiting libraries in New York,
Washington and even Chicago, who have limited hours; we
are very fortunate to have a Library with such convenient
hours.
Mr. Dick Sayad, 290 Shannon Court, addressed the City
Council stating his concern that Alderman Brookman voted
on Fire Department matters; he is also concerned that the
City Attorney did not say anything when Alderman Brookman
was voting; the City Attorney should tell the aldermen
when they should or should not vote; Alderman Higgason
should have spoken up sooner if she had a problem with
Alderman Brookman voting. Mr. Sayad also stated that the
City is liable for the $50,000 fee under the contract
with Sheldon Good & Company; how could an attorney advise
the Library administration to sign this contract.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council stating his extreme disappointment in how the
City Council conducted itself at the last meeting
regarding a fence and driveway variation; these issues
197
10/19/98
PAGE TWO
CITIZEN COMM. could have been resolved if the alderman of the Ward, the
(Cont'd.) department head and the resident would have met; an
honest mistake was made; Alderman Christiansen
embarrassed this individual and no one said anything; how
could he do that to a citizen; the City Council should
make amends. Mr. Powers also stated that when items are
taken off the final agenda, the public should be
notified.
CONSENT
AGENDA:
Mr. John Yaccino, 1779 Cora Street, addressed the C:Lty
Council stating that the "Great Escape" recently
conducted by the Fire Department was a great success in
his neighborhood; he thanked the Fire Department for
putting something like this on; having an exit plan from
your home is very important. Mr. Yaccino also stated
that the City should ask stores that sell building
materials to put up a sign for Des Plaines residents
reminding them to get permits for the work they want to
do.
Alderman Brookman requested that Item 2 be removed from
the Consent Agenda.
Moved by Beauvais, seconded by Brookman, to establish a
Consent Agenda except for Item 2. Motion declared
carried.
Moved by Higgason, seconded by Elstner, 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-73-98 and M-74-98 were
adopted; and Ordinances M-75-98 and Z-11-98 were placed
on First Reading.
MINUTES/ Moved by Higgason, seconded by Elstner, to approve
SPECIAL minutes of the Special meeting of the City Council held
9/29/98 September 29, 1998, as published. Motion declared
Consent carried as approved unanimously under Consent agenda.
Agenda
MINUTES/ Alderman Brookman requested that the following amendments
REG. MEET. be made to the minutes of the regular meeting of the City
10/5/98: Council held October 5, 1998:
Page Five - Resolution R-60-98, first paragraph, Line 10,
add, "Alderman Brookman asked that the record show that
the actual starting salary of a firefighter is $34,490;"
Page Five - Resolution R-60-98, third paragraph, Line
Five (5), add, "Alderman Brookman also stated that when
she voted on the contract it was on the advice of the
City Attorney; she took her lead from City Attorney Dave
Wiltse;"
Page Eight - 555 Trailside, third paragraph, Line Seven
(7), add, "and resident be allowed to reasonably maintain
the existing circular drive;"
Page Eleven - 555 Trailside, Line Eight (8), add, "and
resident be allowed to reasonably maintain the existing
circular drive."
Moved by Beauvais, seconded by Smith, to approve the
minutes of the regular meeting of the City Council held
October 5, 1998 - AS AMENDED. Motion declared carried.
MINUTES/ Moved by Higgason, seconded by Elstner, to approve the
EXEC. SESS. minutes of the Executive Session of the City Council held
10/5/98: October 5, 1998. Motion declared carried as approved
Consent unanimously under Consent Agenda.
Agenda
90,
CITIZEN/
EMPLOYEE
NOTIFICATION
PROGRAM:
Consent
Agenda
LICENSE
AGREEMENT/
169 E.
HARVEY AVE.:
Consent
Agenda
Ordinance
M-75-98
ZONING CASE
98 -23 -SU
1221 GOLF:
Consent
Agenda
Ordinance
Z-11-98
PATIO
VARIATION/
366
MT. PROSPECT:
Consent
Agenda
CIRCULAR
DRIVEWAY
VARIATION/
257
BENNETT:
Consent
Agenda
REJECT BIDS/
STREET LIGHT
REPAIRS:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
198
10/19/98
PAGE THREE
Moved by Higgason, seconded by Elstner, to concur with
recommendation of Committee of the Whole held October 5,
1998, to approve the implementation of a Citizen/Employee
Notification Program and award the contract to the sole
source, Dialogic Communications Corporation, 381
Riverside Drive, Third Floor, Franklin, TN 37064, in the
total amount of $43,250 to be shared 50-50 with the City
of Park Ridge; City's total cost to be $21,625/
Contingency Fund. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Higgason, seconded by Elstner, to concur with
Staff recommendation to grant request to permit
installation of an underground sprinkler system in City -
owned parkway and brick pavers on the driveway adjacent
to property located at 169 E. Harvey Avenue; Mayor and
City Clerk be authorized to execute necessary license
agreement; and further recommend to place on First
Reading Ordinance M-75-98, AN ORDINANCE AUTHORIZING THE
EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH
MAGDALENE MISIOROWSKI FOR THE INSTALLATION OF AN
UNDERGROUND SPRINKLER SYSTEM AND A DRIVEWAY APRON
CONSTRUCTED OF BRICK PAVERS IN THE PUBLIC RIGHT-OF-WAY
IN FRONT OF 169 EAST HARVEY AVENUE, DES PLAINES,
ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Higgason, seconded by Elstner, to concur with
recommendation of Des Plaines Plan Commission, Zoning
Board of Appeals and Staff, re Case 98 -23 -SU, to approve
an amended Special Use Permit (initially approved under
Ordinance Z-5-96 on April 1, 1996), to permit the
construction of an addition to the planned nursing home
for a 40 -bed assisted living facility on property located
at 1221 Golf Road; and further recommend to place on
First Reading Ordinance Z-11-98, AN ORDINANCE GRANTING
AN AMENDMENT TO SPECIAL USE PERMIT #96 -05 -SU -A, PURSUANT
TO ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE,
TO PERMIT A 40 BED ASSISTED LIVING FACILITY IN C-2
GENERAL COMMERCIAL DISTRICT ON THE PROPERTY COMMONLY
KNOWN AS 1221 EAST GOLF ROAD (CASE NO. 98 -23 -SU).. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Higgason, seconded by Elstner, to concur with
Staff recommendation to grant request for Variation to
Section 515.0 of the Building Code, for property located
at 366 Mt. Prospect Road, to permit reconstruction of
existing patio that would contain approximately 460 sq.
ft. (Code permits patios to have a maximum total area of
344 sq. ft.). Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Higgason, seconded by Elstner, to concur with
Staff recommendation to grant request for Variation to
Section 111.7.1 of the Building Code to permit
reconstruction of existing circular driveway on property
located at 257 Bennett Lane (Code requires City Council
approval of all circular driveways). Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Elstner, to concur with
Staff recommendation to reject all bids received on
September 25, 1998, for 1998-1999 Street Light Repairs
because of problems -inconsistencies in the bid
specifications; Staff to modify the specifications and
re -bid this contract. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Elstner, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Maintenance of Heating and Air
Conditioning, returnable by 3:00 p.m., Friday, November
ADVER. BIDS
(Cont'd.)
199
10/19/98
PAGE FOUR
6, 1998. Motion declared carried as approved unanimously
under Consent Agenda.
ORDINANCE Moved by Higgason, seconded by Elstner, to adopt
M-73-98 Ordinance M-73-98, AN ORDINANCE PROVIDING FOR THE
TRANSFER OF ADDITION OF THE IMPROVEMENT OF OAKTON STREET, FROM EAST
JURISDIC./ EDGE OF PAVEMENT OF LEE STREET/U.S. ROUTE 12/45 TO WEST
OAKTON ST.: EDGE OF PAVEMENT OF DES PLAINES/RIVER ROAD, TO THE CITY
Consent OF DES PLAINES MUNICIPAL STREET SYSTEM. Motion declared
Agenda carried as approved unanimously under Consent Agenda.
ORDINANCE Moved by Higgason, seconded by Elstner, to adopt
M-74-98 Ordinance M-74-98, AN ORDINANCE AUTHORIZING THE SALE BY
SALE BY NWMC PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF
AUCTION/ DES PLAINES. Motion declared carried as approved
CITY EQP.: unanimously under Consent Agenda.
Consent
Agenda
APPOINTMENT:
The appointment of Joseph Botte to the DES PLAINES CABLE
TV COMMISSION is being presented for consideration (final
action on this matter under Consent Agenda on November
2, 1998).
MAYOR JUNG DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION - Alderman Christiansen, Chair
WARRANT Moved by Beauvais, seconded by Sarlo, to recommend to the
REGISTER: City Council approval of October 19, 1998 - Warrant
Register in the amount of $1,937,570.24; and further
recommend that Resolution R-62-98 be adopted at
appropriate time this evening. Motion declared carried
(Alderman Christiansen abstained on approving Voucher
#09202 in the amount of $24.05 - conflict of interest).
COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair
FIRST READ./ Director of Community Development D'Onofrio briefly
ORDINANCE reviewed this Special Use request to allow a gasoline
Z-10-98 filling station as part of a 7-11 convenience store at
1552 RAND: 1552 Rand Road and also a request for a fence variation.
The City Council approved this Special Use on September
21, 1998, contingent upon no right hand turn onto Hills
Avenue. Mr. D'Onofrio stated that the petitioner, The
Southland Corporation, 1251 N. Plum Grove Road, Suite
170, Schaumburg, IL 60173, would like the City Council
to reconsider the contingency regarding no right hand
turn onto Hills Avenue.
Mr. Don Ciszewski, Real Estate Manager for The Southland
Corporation addressed the Committee of the Whole stating
that this property is an unique site; IDOT has limited
them to one curb cut on Rand Road; they need to have full
access from Hills Avenue; they would like to have full
access for 6 months or a year and then the City could
evaluate the situation.
Moved by Beauvais, seconded by Brookman, to recommend to
the City Council that Ordinance Z-10-98, granting a
Special Use for property located at 1552 Rand Road, be
amended to permit right in and right out onto Hills
Avenue for a one (1) year period and then traffic
conditions be evaluated; and further recommend that
Ordinance Z-10-98 - AS AMENDED, be placed on First
Reading at appropriate time this evening. Motion
declared carried.
1522 RAND
Cont'd.)
ORDINANCE
M-76-98
COMPEN. PLAN
FIRE UNION
EMPLOYEES:
WARRANT
REGISTER:
Resolution
R-62-98
ORDINANCE
Z-10-98
1552 RAND:
FENCE
VARIATION/
804 PRAIRIE
(FOURTH AVE.
FENCE) :
Reconsider-
ation
200
10/19/98
PAGE FIVE
Alderman Beauvais requested that a traffic study be done
before the project begins for a comparison to a later
study that will be done.
MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
Moved by Sarlo, seconded by Christiansen, to adopt
Ordinance M-76-98, AN ORDINANCE AMENDING SECTION 1-15-4
"CLASSIFICATION PLAN TO THE CITY SERVICE," OF CHAPTER 15,
TITLE I, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO
"FIRE GROUP - SALARY SCHEDULE I, EFFECTIVE MAY 1, 1998
TO APRIL 30, 1999;" "FIRE GROUP - SALARY SCHEDULE I,
EFFECTIVE MAY 1, 1999 TO APRIL 30, 2000" AND "FIRE GROUP
- SALARY SCHEDULE I, EFFECTIVE MAY 1, 2000 TO APRIL 30,
2001." 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.
Moved by Christiansen, seconded by Elstner, to concur
with recommendation of Committee of the Whole to adopt
Resolution R-62-98, 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:
$1,937,570.24. 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 Christiansen abstained
on approving Voucher #09202 in the amount of $24.05 -
conflict of interest).
Moved by Sarlo, seconded by Christiansen, to concur with
recommendation of Committee of the Whole that Ordinance
Z-10-98, granting a Special Use for property located at
1552 Rand Road, be amended to permit right in and right
out onto Hills Avenue for a one (1) year period and then
traffic conditions be evaluated; and further recommend
to place on First Reading Ordinance Z-10-98 - AS AMENDED,
AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO
ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE,
TO PERMIT THE CONSTRUCTION OF A GASOLINE FILLING STATION
AND A 7-11 FOOD STORE IN C-2 COMMERCIAL DISTRICT ON THE
PROPERTY COMMONLY KNOWN AS 1552 RAND ROAD. Motion
declared carried. Mayor Jung voted yes. (final action
on this matter under Consent Agenda on November 2, 1998)
Moved by Brookman, seconded by Beauvais, to reconsider
motion approved on October 5, 1998, to deny request for
an after -the -fact Variation to Section 6-7-1 of the City
Code to make legal an existing 6' high privacy fence in
the secondary front yard along Fourth Avenue (Code
permits front yard fences to not exceed 3.5' in height
and be at least 50% open) , on property located at 804
Prairie Avenue. Motion declared failed. Alderman
Brookman voted yes.
Alderman Elstner, the Staff and the homeowner are
attempting to reach a compromise on this situation, and
will report back to the City Council.
201
10/19/98
PAGE SIX
EXECUTIVE Moved by Arredia, seconded by Brookman, to go into
SESSION: Executive Session to discuss pending litigation and
personnel. 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.
PENDING
LITIGATION:
The City Council recessed at 8:25 p.m.
The City Council reconvened at 9:35 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Higgason, Brookman,
Sarlo, Smith, Arredia.
Moved by Beauvais, seconded by Brookman, to concur with
a majority of the aldermen in Executive Session that
Staff be authorized to proceed as directed. Motion
declared carried.
PERSONNEL: Moved by Beauvais, seconded by Brookman, to concur with
consensus in Executive Session that Staff be authorized
to proceed as directed. Motion declared carried.
ADJOURNMENT: Moved by Elstner, seconded by Arredia, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:36 p.m.
1
APPROVEDBYME THIS
DAY F /JCL)
/001
, 1998
Paul W. Ju g, MAYOR
1
Donna McAllister, CMC/AAE - CITY CLERK