11/16/1998208
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,
NOVEMBER 16, 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 7:01 p.m. in the Eleanor Rohrbach Memorial Council
Chambers, Des Plaines Civic Center on Monday, November 16,
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 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 The opening prayer was given by Major Andy Miller, The
PLEDGE: Salvation Army, followed by the Pledge of Allegiance to
the Flag.
CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the City
PARTICIPA.: Council stating that we have a lot to be thankful for;
a few years ago he attended a community Thanksgiving
service at a local church; he wishes everyone would
attend this annual service.
Mr. Bob Suriano, 1258 Wayne Drive, addressed the City
Council stating that he is very upset with the leadership
of this City and himself for not strongly opposing the
recent term limit referendum; he commended Vince Powers
for what he believes in, but he and his group trampled
over his civil rights; only 7,000 people came out and
voted and took away the right of other citizens; this was
a bad referendum; there was no formal organization
working against this; he asked Mayor Jung to let him know
what is going to be done about this matter.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council stating that he was not going to respond to the
recent election, but now he is; this was a binding
referendum; 10,000 out of 30,000 registered voters voted;
the people will control this government; a referendum is
the only tool people have when their government does not
listen to them; he commended the 7,000 people who came
out and voted yes; the majority rules.
Mr. Dick Sayad, 290 Shannon Court, addressed the City
Council stating that he would like to commend the City,
Mayor Jung and Karen Henrikson for televising the budget
hearings; it is very interesting to see how things are
passed and how some are not; he hopes they continue on;
the City did a fine job.
CONSENT Alderman Sarlo requested that Items 3 and 3a be removed
AGENDA: from the Consent Agenda and Alderman Christiansen
requested that Item 4 be removed.
Moved by Beauvais, seconded by Christiansen, to establish
a Consent Agenda except for Items 3, 3a and 4. Motion
declared carried.
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PAGE TWO
CONSENT AGA. Moved by Brookman, seconded by Elstner, to approve the
(Cont'd.) 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; and Ordinances M-77-98 and T-15-98 were
adopted.
MINUTES: Moved by Brookman, seconded by Elstner, to approve the
Consent minutes of the regular meeting of the City Council held
Agenda November 2, 1998, as published. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Elstner, to approve the
minutes of the Executive Session of the City Council held
November 2, 1998. Motion declared carried as approved
unanimously under Consent Agenda.
AUTHORITY OF Moved by Elstner, seconded by Higgason, to concur with
DIRECTOR OF Staff recommendation to amend Title I, Chapter 12 -
PUBLIC "Director of Public Works," Section 1-12-3, to permit
WORKS: Director of Public Works to delegate some of his/her
regulations enforcement responsibility in situations
where appropriate; and further recommend to place on
Ordinance First Reading Ordinance M-78-98, AN ORDINANCE AMENDING
M-78-98 SECTION 1-12-3 "ENFORCING REGULATIONS," OF CHAPTER 12
"DIRECTOR OF PUBLIC WORKS," TITLE I "ADMINISTRATIVE," OF
THE CITY CODE OF DES PLAINES. Motion declared carried.
Alderman Sarlo voted no.
CDBG FUNDED Moved by Christiansen, seconded by Brookman, to concur
PUBLIC with Staff recommendation to award Community Development
SERVICE Block Grant (CDBG) funded public service contracts for
CONTRACTS: 1998-99, as follows (budget for these funds was approved
by the City Council on April 6, 1998):
Child Care Subsidy Program - CEDA Northwest- $13,000
Emergency Shelter Assistance - Provided by City- $350
Shared Housing - Cen. of Concern- $8,750
Employment Service - CEDA Northwest- $10,750
Transitional Housing/Counsel. - 1) Women In Need Growing
Stronger (W.I.N.G.S.)-
$7,600
2) To Be Determined -
$6,200
Home Repair Program Inspector Denice Earnest- $15,000
Fair Housing Counseling - CEDA Northwest- $6,000
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.
PATIO Moved by Brookman, seconded by Elstner, to concur with
VARIATION/ Staff recommendation to grant request for an after -the -
652 MEADOW fact Variation to Section 515.0 of the Building Code, for
DRIVE: property located at 652 Meadow Drive, to permit
Consent construction of an oversized patio that would contain
Agenda approximately 1,260 sq. ft. (Code permits patios to have
a maximum total area of 344 sq. ft.); contingent upon
petitioner paying a double permit fee of $56 for building
without a permit. Motion declared carried as approved
unanimously under Consent Agenda.
PURCHASE OF Moved by Brookman, seconded by Elstner, to concur with
LIQ. CALCIUM Staff recommendation to accept low bid for joint purchase
CHLORIDE & through Northwest Municipal Conference of Liquid Calcium
ROCK SALT: Chloride from Van Waters and Rogers, P.O. Box 446,
Consent Summit, IL 60501, for City's requested quantity of 13,200
Agenda gallons, delivered and premixed, for a total cost of
$2,741.64, and City Clerk be authorized to execute IDOT
CHLORIDE &
ROCK SALT
(Cont'd.)
210
11/16/98
PAGE THREE
Form BLR 6103 to authorize expenditure of this amount
from MFT Section 98-0000-00 GM; and further accept low
bid for joint purchase through Illinois Department of
Central Management Services of Rock Salt from IMC Salt,
Inc., 8300 College Blvd., Overland Park, KS 66210, for
City's requested 4,000 tons, delivered, for a total cost
of $111,240, and City Clerk be authorized to execute IDOT
Form BLR 6103 to authorize expenditure of this amount
from MFT Sections 98-0000-00 GM ($50,000) and 99-0000-00
GM ($61,240). Motion declared carried as approved
unanimously under Consent Agenda.
USE OF CITY Moved by Brookman, seconded by Elstner, to concur with
PROPERTY/ Staff recommendation to grant request from Optimist Club
OPTIMIST of Des Plaines to place a trailer on City's Parking Lot
CLUB OF #5, at River Road and Perry Street, for their annual
DES PLAINES: Christmas Tree Sales Project, November 16 to December 31,
Consent 1998; insurance and clean-up to be provided by Optimist
Agenda Club of Des Plaines; and all City fees be waived - ANNUAL
REQUEST. Motion declared carried as approved unanimously
under Consent Agenda.
BID AWARD/ Moved by Brookman, seconded by Elstner, to concur with
MAINT. OF Staff recommendation to award bid for three-year contract
HEAT. & for Maintenance of Heating and Air Conditioning at the
AIR CONDIT.: Civic Center, Police Department, Transit Center and
Consent Public Works Facility, to the lowest bidder, Bedco
Agenda Mechanical, 322 N. Wolf Road, Mt. Prospect, IL 60056, for
the total bid amount of $5,660 for the first year, $6,382
for the second year, and $6,610 the third year/R&M
Building and Grounds Fund; beginning December 1, 1998 and
ending November 30, 2001. Motion declared carried as
approved unanimously under Consent Agenda.
ADVERTISING Moved by Brookman, seconded by Elstner, to concur with
FOR BIDS: Staff recommendation that City Clerk be authorized to
Consent advertise for bids for Street Light Repair and Utility
Agenda Location, returnable by 3:00 p.m., Friday, December 4,
1998. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Brookman, seconded by Elstner, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Traffic Signal Modifications -
Emergency Vehicle Priority System, returnable by 3:00
p.m., Wednesday, December 9, 1998. Motion declared
carried as approved unanimously under Consent Agenda.
ORDINANCE Moved by Brookman, seconded by Elstner, to adopt
M-77-98 Ordinance M-77-98, AN ORDINANCE AUTHORIZING THE MAYOR,
AMEND. TO AND CITY MANAGER OF THE CITY OF DES PLAINES TO ENTER INTO
REDEVEL. CONTRACTS FOR THE CONSTRUCTION OF STREET IMPROVEMENTS AND
AGREEMENT: LIBRARY IMPROVEMENTS, WITH CONTRACTORS, SUBCONTRACTORS
Consent AND MATERIALMEN BY THE PROCESS OF SOLICITING PROPOSALS
Agenda AND NEGOTIATING CONTRACTS SELECTIVELY RATHER THAN
ENGAGING IN A COMPETITIVE BIDDING PROCESS FOR THE PLAINES
TOWN CENTER LLC REDEVELOPMENT PROJECT AND AUTHORIZING THE
SIGNING OF THE AMENDMENT TO 4.5.1.2 OF THE REDEVELOPMENT
AGREEMENT. Motion declared carried as approved
unanimously under Consent Agenda.
ORDINANCE Moved by Brookman, seconded by Elstner, to adopt
T-15-98 Ordinance T-15-98, AN ORDINANCE AMENDING SECTION 10 -5 -
PARKING 5(E) "PARKING LIMITED IN DESIGNATED PLACES," "SCHEDULE
RESTRICTION/ II," OF CHAPTER 5 "STOPPING, STANDING AND PARKING," TITLE
HOWARD AVE.: X, OF THE CITY CODE OF DES PLAINES, TO ADD A NEW
Consent SUBSECTION "6. MONDAY THROUGH FRIDAY - 8:00 A.M. TO 5:00
Agenda P.M., EXCLUDING SATURDAYS, SUNDAYS AND HOLIDAYS" AND
FURTHER ADD THERETO "HOWARD AVENUE FROM DES PLAINES RIVER
ROAD TO THE WEST LINE OF THE COMMERCIAL ZONED PROPERTY,
BOTH SIDES OF THE STREET." Motion declared carried as
approved unanimously under Consent Agenda.
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PAGE FOUR
MAYOR JUNG DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
LEGAL & LICENSING - Alderman Beauvais, Chair
LIQ. LIC./ Petitioners Anastoisios and Konstantina Evangelou were
1924 E. sworn in by the City Clerk and gave testimony before the
TOUHY: Committee of the Whole.
LIQ. LIC./
740 N.
WOLF RD.:
Moved by Beauvais, seconded by Christiansen, to recommend
to the City Council approval of change of ownership for
Class B Liquor License for property located at 1924 E.
Touhy Avenue, d/b/a Des Plaines Wine, Beer & Liquor
(currently Wall's Liquor Store); contingent upon
verification of fingerprints; and further contingent upon
petitioners meeting with the Police Department regarding
the operation of a liquor store and the requirements of
the City's liquor ordinance. Motion declared carried.
Petitioners Giacomo and Anna Maria Zito were 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 change of ownership (G.A.A.,
Inc.) for Class E Liquor License for property located at
740 N. Wolf Road, d/b/a DiNunzio's Ristorante; contingent
upon verification of fingerprints. Motion declared
carried.
FINANCE & ADMINISTRATION - Alderman Christiansen, Chair
WARRANT Mr. Vince Powers, 862 Webster Lane, addressed the
REGISTER: Committee of the Whole questioning the expenditure of $35
by Mayor Jung for the Northwest Municipal Conference
Legislative Dinner paid by the City; this should have
been paid for by Mayor Jung; he receives a monthly
expense check; the aldermen and mayor should account for
all their expenses by the use of a voucher; they get a
monthly expense check and the citizens have no idea what
they spend it on; this should be straightened out; they
have the best of all worlds.
Moved by Arredia, seconded by Elstner, to concur with
Staff recommendation and recommend to the City Council
approval of November 16, 1998 - Warrant Register in the
amount of $1,887,521.46; and further recommend that
Resolution R-67-98 be adopted at appropriate time this
evening. Motion declared carried (Alderman Christiansen
abstained on approving Voucher #09202 in the amount of
$11.89 - conflict of interest).
COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair
ZONING CASE Director of Community Development D'Onofrio reviewed his
98-25-A memo of October 30, 1998, regarding the request from Baum
1632 SPRUCE Des Plaines, L.L.C. for a map amendment to change the
& 1633 LEE: current zoning district from R-1, Single -Family
Residential to C-3, General Commercial for properties
located at 1632 Spruce Avenue and 1633 Lee Street.
Mr. Daniel Goldberg of Baum Des Plaines, L.L.C., his
attorney Bryan Fornek, and his traffic consultant, Jerry
Lindgren of Kloa, Inc., were present and gave testimony
before the Committee of the Whole.
CASE 98-25-A
(Cont'd.)
212
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PAGE FIVE
Alderman Beauvais asked if a traffic study had been done.
Mr. Fornek said yes and with the no left turn and no
right turn at specific locations, the traffic will have
a minimal impact on the area; they are also doing a
reconfiguration of the parking lot to make it safer.
Alderman Beauvais also stated her concern about the
alley. Mr. Lindgren stated that they are recommending
that the alley width be increased to 24' and will be
restricted to right turn in and right turn out; they are
also recommending additional signage.
Alderman Christiansen said that he hopes the employees
will not park in the residential neighborhood. Mr.
Fornek said that their employees will be instructed not
to park on the street; they will provide more than enough
parking spaces on the lot.
Alderman Brookman stated that the residents in the area
at first opposed the zoning change and petitions were
signed; since then they have met with the petitioner and
now support the revised site plan, which includes
adjustment to the setbacks.
Mr. Goldberg stated that the lot will never be used for
anything else but a parking lot; they have left the
maximum amount of ground for landscaping; the garbage
receptacle will be enclosed and blend in with the
landscaping.
Alderman Smith asked why there is a need for a map
amendment. Mr. D'Onofrio stated that it was recommended
to do that because the use is commercial.
Alderman Sarlo asked if the whole lot would be zoned C-3.
Mr. D'Onofrio said yes.
Alderman Higgason stated that she likes the plan; it
looks good.
Mr. John Yaccino, 1779 Cora Street, addressed the
Committee of the Whole. asking how would someone exit the
property to go west on Oakton Street. Mr. Fornek showed
Mr. Yaccino the route options on the site map. Mr.
Yaccino stated that he is very concerned about the
increase in traffic in this area.
Mr. Wayne Serbin, 835 Pearson Street, addressed the
Committee of the Whole stating that he is very familiar
with this firm; they have a very fine operation; this is
the type of people we need in Des Plaines; this will be
a benefit to the City.
Ms. Susan Wright, 1703 Mannheim Road, addressed the
Committee of the Whole stating that her main concern is
the change of the zoning from residential to commercial;
she would like everything in writing.
A resident at 1687 Spruce Avenue addressed the Committee
of the Whole stating that he is concerned about the
traffic that this project will create; there will be 700
additional people a day moving into this parking lot;
Spruce Avenue will become a major thoroughfare; employees
parking on the streets is another of his concerns.
Mr. Lindgren stated that there will be four (4) to six
(6) employee parking spaces in the lot; employees will
not be parking on the street.
Mr. Andy Satur, 1639 Spruce Street, addressed the
Committee of the Whole stating that he would like to see
this property developed; we need the business; it will
be a good thing for the City.
fre
98-25-A
(Cont'd.)
213
11/16/98
PAGE SIX
Moved by Higgason, seconded by Brookman, to concur with
recommendation of Des Plaines Plan Commission and Staff,
and recommend to the City Council, re Zoning Case 98-25-
A, approval of Map Amendment for properties located at
1632 Spruce Avenue and 1633 Lee Street, to change current
zoning from R-1 Single Family Residential to C-3
Commercial to provide additional parking for U.S. Bank
and St. Louis Bread Company Restaurant, contingent upon
Staff recommended conditions and revised site plan; and
City Attorney be authorized to draft necessary ordinance.
Motion declared carried (further action on this matter
under Consent Agenda on December 7, 1998).
COST OPTIONS/ Director of Economic Development Klaus reviewed his memo
NEW PARKING of November 4, 1998, which outlined the cost options to
GARAGE: the new parking garage being reconstructed by Plaines
Town Center, LLC as part of the Downtown Redevelopment
Project; these cost options are being presented for
consideration and, if approved, would be added to the
Design -Build Agreement by Change Order and the cost added
to the Guaranteed Maximum Price. Mr. Klaus stated that
none of these items are required by code and without any
of them the structure can be operated as a "fully
functional parking garage."
Alderman Beauvais stated that she cannot support these
cost options.
Alderman Brookman stated that she is in favor of all the
cost items, but she will be forced to vote no because
there were no bids on this project; she is concerned
about the first and second floors not being sprinklered.
Alderman Smith asked Fire Chief Farinella if it is common
for a garage to be sprinklered. Fire Chief Farinella
said he didn't know, but it is his recommendation that
sprinklers be installed.
Alderman Arredia stated that he will be voting no on
these cost options; they should be part of the $5 million
cost for the Library; he is in favor of the cost options
but the cost should not come out of TIF.
Alderman Brookman stated that the City should have
negotiated these options into the $5 million contract.
Mayor Jung stated that there is nothing in the Code that
requires these options; the developer had no obligation
to do these things; if the vote comes to him, he will
vote in favor of these options.
Mr. Vince Powers, 836 Webster Lane, addressed the
Committee of the Whole stating that he is concerned about
the $5 million and all the extras; a former employee
offered his services free to assist in answering some of
these concerns; now it is after -the -fact; all of these
questions could have been answered.
Mr. John Yaccino, 1779 Cora Street, addressed the
Committee of the Whole urging approval to sprinkler this
building; do not build this parking garage without
sprinklers and without security.
Library Administrator Sandra Norlin addressed the
Committee of the Whole stating that employees will be
leaving the Library late at night and taking a rebuilt
elevator; security and a reliable elevator are important.
COST OPTIONS
(Cont'd.)
214
11/16/98
PAGE SEVEN
Moved by Arredia, seconded by Brookman, to recommend to
the City Council that the four (4) proposed cost options
for the reconstructed parking garage in the downtown
redevelopment area be the responsibility of Plaines Town
Center, LLC. Motion declared failed. Aldermen
Christiansen, Brookman, and Arredia voted yes.
Moved by Beauvais, seconded by Elstner, to recommend to
the City Council to NOT approve any of the proposed cost
options for the reconstructed parking garage in the
downtown redevelopment area. Motion declared failed.
Aldermen Christiansen, Brookman and Arredia voted yes.
Moved by Smith, seconded by Beauvais, to consider each
of the proposed cost options for the reconstructed
parking garage separately. Motion declared' carried.
Aldermen Brookman and Arredia voted no.
Moved by Beauvais, seconded by Elstner, to recommend to
the City Council to NOT approve the cost option to
sprinkler the first and second floors of the
reconstructed parking garage in the downtown
redevelopment area at a cost of $132,000 Upon roll
call, the vote was:
AYES: 5 -Beauvais, Christiansen, Elstner,
Higgason, Sarlo
NAYS: 3 -Brookman, Smith, Arredia
ABSENT: 0 -None
Motion declared carried (final action on this matter
under Unfinished Business on December 7, 1998).
Moved by Beauvais, seconded by Elstner, to recommend to
the City Council to NOT approve the cost option for a
security office (with washroom) in the reconstructed
parking garage in the downtown redevelopment area at a
cost of $46,000. Upon roll call, the vote was:
AYES: 5 -Beauvais, Christiansen, Elstner,
Higgason, Sarlo
NAYS: 2 -Smith, Arredia
ABSENT: 1 -Brookman
Motion declared carried (final action on this matter
under Unfinished Business on December 7, 1998).
Moved by Beauvais, seconded by Elstner, to recommend to
the City Council to NOT approve the cost option to build
a new elevator in the northwest corner of the
reconstructed parking garage in the downtown
redevelopment area at a cost of $24,000. Upon roll call,
the vote was:
AYES: 6 -Beauvais, Christiansen, Elstner,
Higgason, Smith, Arredia
NAYS: 1-Sarlo
ABSENT: 1 -Brookman
Motion declared carried (final action on this matter
under Unfinished Business on December 7, 1998).
Moved by Elstner, seconded by Arredia, to recommend to
the City Council to NOT approve new windows in the
stairwells of the reconstructed parking garage in the
downtown redevelopment area at a cost of $23,192. Upon
roll call, the vote was:
AYES: 5 -Christiansen, Elstner, Higgason,
Sarlo, Arredia
NAYS: 2 -Beauvais, Smith
ABSENT: 1 -Brookman
Motion declared carried (final action on this matter
under Unfinished Business on December 7, 1998).
MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION.
1
1
215
11/16/98
PAGE EIGHT
WARRANT Moved by Christiansen, seconded by Elstner, to concur
REGISTER: with recommendation of Committee of the Whole to adopt
Resolution R-67-98, BE IT RESOLVED BY THE CITY COUNCIL
Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
R-67-98 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
1,887,521.46. Upon roll call, the vote was:
AYES: 7 -Beauvais, Christiansen, Elstner, Higgason,
Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried (Alderman Christiansen abstained
on approving Voucher #09202 in the amount of $11.89 -
conflict of interest).
LIQ. LIC./
1924 E.
TOUHY:
LIQ. LIC./
740 N.
WOLF RD.:
Moved by Beauvais, seconded by Higgason, to concur with
recommendation of Committee of the Whole to approve
change of ownership for Class B Liquor License for
property located at 1924 E. Touhy Avenue, d/b/a Des
Plaines Wine, Beer & Liquor (currently Wall's Liquor
Store); contingent upon verification of fingerprints; and
further contingent upon petitioners meeting with the
Police Department regarding the operation of a liquor
store and the requirements of the City's liquor
ordinance. Motion declared carried.
Moved by Beauvais, seconded by Higgason, to concur with
recommendation of Committee of the Whole to approve
change of ownership (G.A.A., Inc.) for Class E Liquor
License for property located at 740 N. Wolf Road, d/b/a/
DiNunzio's Ristorante; contingent upon verification of
fingerprints. Motion declared carried.
ADJOURNMENT: Moved by Elstner, seconded by Brookman, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:50 p.m.
APPROVED BY ME THIS
DAY OF D'(.Q ,176
1
AW
Paul W. girMAYOR
5th
, 1998
C.,,L)92z2zt--
Donna McAllister, CMC/AAE - CITY CLERK