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01039495. 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, JANUARY 3 1 1994 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Ted Sherwood at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, January 3, 1994. ROLL CALL: Roll call indicated the Beauvais, Christiansen, Sarlo, Chiropolos, Haupt. following aldermen present: Elstner, Kisslinger, Curley, Also present were: City Treasurer Fredricks, City Manager Douthwaite, City Comptroller Peters, Police Chief Storm, Fire Chief Farinella, Director of Public Works Shirley, Community Development Director D'Onofrio, City Engineer Oakley, Public Safety Communications Coordinator Ornberg, Human Resources and Services Director Merriman, and City Attorney Wiltse. PRAYER AND PLEDGE: PRESENTATION: CONSENT AGENDA: MINUTES: The opening prayer was given by Father Alex Wolf, St. Emily's Church, followed by the Pledge of Allegiance to the Flag. Mayor Sherwood presented Police Captain Robert Sturlini, on behalf of the City of Des Plaines, a Resolution of Appreciation for his exemplary and unparalleled record of dedicated service upon his retirement on January 7, 1994, and further expressed his personal best wishes for Captain Sturlini' s future good health and happiness during his retirement. City Clerk McAllister requested that Items 1 and 13 be removed from the Consent Agenda; Alderman Chiropolos requested that Items 3, 3a and 7 be removed; and Alderman Elstner requested that Items 9a and lla be removed. Moved by Sarlo, seconded by Curley, to establish a Consent Agenda except for Items 1, 3, 3a, 7, 9a, lla, and 13. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. The Staff recommendations and requests are approved; Ordinance M-74-93 is adopted; and Ordinances M-1-94, M-2- 94, M-4-94, M-6-94, M-7-94, T-1-94 and Z-1-94 are placed on First Reading. Moved by Haupt, seconded by Sarlo, to approve minutes of regular meeting of the City Council held December 20, 1993, as published. Addition: Page Three, Paragraph Five, Line One, add: "Attorney Gary E. Cooke, 360 N. Michigan Avenue, Chicago, IL 60601, representing Albrecht Enterprises, stated that the bidding process followed by the City in this matter was fundamentally flawed in that sealed bids were not received as required by City ordinance, and that his client was frozen out of the process because only certain contractors were contacted for proposals." Following addition, motion declared carried. Moved by Christiansen, seconded by Sarlo, to approve minutes of regular meeting of the City Council held December 20, 1993, as published, as amended. Correction: Page Seven, Paragraph Three, Line Four, delete "Christiansen;" and Line Six should read: "NAYS: 1- Christiansen." Following correction, motion declared carried. EXECUTIVE SESSION MINUTES: Consent Agenda LIQ. LIC. 52 N. W. HWY.: Ordinance M-1-94 ZONING CASE 93-42-A 450 WESTERN: Consent Agenda Ordinance Z-1-94 EXCESS WORK. COMPENSATION INSURANCE: Consent Agenda TPA SERVICES: Consent Agenda REVENUE ALTERNATIVES: Ambulance Fee Hotel-Motel Tax consent Agenda Ordinance M-2-94 96 .. 1/3/94 PAGE TWO Moved by Sarlo, seconded by Chiropolos, to approve minutes of Executive Session of the City Council held December 20, 1993. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chiropolos, seconded by Beauvais, to concur with recommendation of Committee of the Whole on December 20, 1993, and approve Class B Liquor License for property located at 52 Northwest Highway, d/b/a Osco Drug; and further recommend to place on First Reading Ordinance M- 1-94, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO UPDATE THE NUMBER OF LICENSES ISSUED. Motion declared carried. Alderman Haupt abstained (conflict of interest). Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on December 20, 1993, re Zoning Case 93-42-A, and grant request for Text Amendment to change present Zoning District from R-2 Single Family Residential to R-5 Multi-Family Residential on property located at 450 Western Avenue; and further recommend to place on First Reading Ordinance Z-1-94, AN ORDINANCE AMENDING ARTICLE 3, SECTION 3.5 "R-5 CENTRAL CORE MULTIPLE FAMILY DISTRICT, " OF THE CITY OF DES PLAINES ZONING ORDINANCE, BY ADDING THERETO A LEGAL DESCRIPTION FOR 450 WESTERN AVENUE AND AMENDING THE ZONING MAP ACCORDINGLY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of the Committee of the Whole on December 20, 1993, to accept proposal from James M. Golden Association, Ltd., 3201 Old Glenview Road, Wilmette, IL 60091, for 1994 Excess Worker's Compensation Insurance at an estimated annual premium of $38, 242, effective January 1, 1994. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on December 20, 1993, to extend contract for two (2) months with Custard Claims Management Services, Inc., 2340 s. Des Plaines- River Road, Des Plaines, to administer claims handling and subrogation services at the current monthly cost of $4,372.50, for a total of $8,745, and Staff be authorized to prepare and solicit Requests for Proposals for these services for City Council consideration in February of 1994. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haupt, seconded by Sarlo, to NOT concur with recommendation of Committee of the Whole on December 20, 1993, and disapprove collection of a net $250, 000 in ambulance fees for Fiscal Year 1994. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Elstner, Kisslinger, Saro, Haupt NAYS: 2-Curley, Chiropolos ABSENT: 0-None Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on December 20, 1993, to approve increase of one percent (1%) in the City's Hotel-Motel Tax, for a total tax of 4%; and further recommend to place on First Reading Ordinance M- 2-94, AN ORDINANCE AMENDING SECTION 5-4 7-3 (A) "RATE; EXEMPTION" OF CHAPTER 47, TITLE V "BUSINESS REGULATIONS" OF THE CITY CODE OF DES PLAINES, TO INCREASE THE HOTEL- MOTEL OPERATOR Is OCCUPATION TAX RATE TO 4%. Motion declared carried as approved unanimously under Consent Agenda. ~ ---=~~------------------------------------------------........ -----------===== Real Estate Transfer Tax Consent Aqenda Ordinance M-3-94 Real Estate Transfer Tax: Vehicle Sticker Fee: consent Aqenda Ordinance M-4-94 Bus. License & Permit Fee: consent Aqenda Ordinance M-5-94 Bus. License & Permit Fee: Ordinance M-6-94 Bus. Regula. Certif. Fee: consent Aqenda Ordinance M-7-94 Cert. of Occu. Permit Fee: consent Aqenda PARKING RESTRICTION/ 8TH AVENUE: consent Aqenda Ordinance T-1-94 97. 1/3/94 PAGE THREE Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on December 20, 1993, to approve increase in the Real Estate Transfer Tax of one dollar per thousand dollars of selling price (paid by the seller), and exempt sales for homeowners moving within the corporate City limits. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sarlo, to concur with recommendation of Committee of the Whole on December 20, 1993, and place on First Reading Ordinance M-3-94, AN ORDINANCE AMENDING SECTION 5-51-2 "TAX IMPOSED" OF TITLE V "BUSINESS REGULATIONS" OF THE CITY CODE OF DES PLAINES TO INCREASE THE RATE OF THE REAL ESTATE TRANSFER TAX TO $2. 00 PER ONE THOUSAND DOLLAR VALUE OF THE PROPERTY. Motion declared carried (ordinance pertaining to exempt sales for homeowners moving within the corporate City limits will come under Consent Agenda on January 17, 1994) . Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on December 20, 1993, to approve increase in Vehicle Sticker fee of ten dollars ($10) from $15 to $25 per automobile; proportionate increase in sticker fee for trucks; and Senior Citizen fee be increased from $3 to $5; and further recommend to place on First Reading Ordinance M- 4-94, AN ORDINANCE AMENDING SECTIONS 10-9-3 AND 10-9-4 OF CHAPTER 9, TITLE X, OF THE CITY CODE OF DES PLAINES, TO REFLECT VARIOUS INCREASES IN VEHICLE LICENSE FEES, EFFECTIVE JANUARY 1, 1994. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on December 20, 1993, to approve across-the-board ten percent ( 10%) increase in all business license and permit fees (except for vehicle stickers). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sarlo, to concur with recommendation of Committee of the Whole on December 20, 1993, to place on First Reading Ordinance M-5-94, AN ORDINANCE AMENDING THE SCHEDULE OF FEES OF SECTION 5-1- 3 . 1, OF CHAPTER 1, TITLE V, OF THE CITY CODE OF DES PLAINES, TO REFLECT A 10% INCREASE IN FEES, EFFECTIVE JANUARY 1, 1994. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on December 20, 1993, to place on First Reading Ordinance M-6-94, AN ORDINANCE AMENDING SECTION 5-48-6 OF CHAPTER 48, TITLE V, OF THE CITY CODE OF DES PLAINES, TO REFLECT A 10% INCREASE IN FEES, EFFECTIVE JANUARY 1, 19 9 4 . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole on December 20, 1993, to place on First Reading Ordinance M-7-94, AN ORDINANCE AMENDING SECTIONS 8-9-14(F) AND 8-9-18(F) OF CHAPTER 9, TITLE VIII, OF THE CITY CODE OF DES PLAINES, TO REFLECT A 10% FEE INCREASE EFFECTIVE JANUARY 1, 1994. Motion declared carried as approved unanimously under Consent Agenda Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation and grant request from School District #62 that City Code be amended to add "No Parking along the east side of Chippewa Jr. High School on Eighth Avenue adjacent to the bus loading/unloading zone on School Days Only during the hours of 8:30 AM to 9:30 AM and 2:30 PM to 3:30 PM;" and further recommend to place ORDINANCE T-1-94 (Cont'd.) ORDINANCE M-73-93 DEP. POLICE CHIEF: ORDINANCE M-74-93 JURISDICT. TRANSFER/ THACKER ST.: consent Agenda ZONING CASE 93-51-V 1318-1338 PERRY ST.: WARRANT REGISTER: LIQ. LIC. 850 OAKTON: 98. 1/3/94 PAGE FOUR on First Reading Ordinance T-1-94, AN ORDINANCE AMENDING SECTION 10-5-3 "PARKING PROHIBITED IN CERTAIN PLACES," OF CHAPTER 5, TITLE X, OF THE CITY CODE OF DES PLAINES, TO ADD A NEW SUBSECTION 10-5-3(M) PERTAINING TO PROHIBITED "SCHOOL BUS ZONE" PARKING ALONG THE EAST SIDE OF EIGHTH AVENUE IN FRONT OF CHIPPEWA JR. HIGH SCHOOL, ON SCHOOL DAYS ONLY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to adopt Ordinance M-73-93, as amended, AN ORDINANCE AMENDING SCHEDULE II-A "POLICE GROUP" OF SECTION 1-15-4 "CLASSIFICATION PLAN TO THE CITY SERVICE," OF CHAPTER 15, TITLE I, OF THE CITY CODE OF DES PLAINES, TO DELETE THE POSITION OF "DEPUTY POLICE CHIEF," AND FURTHER DELETING SECTION 3-1-4 "DEPUTY CHIEF OF POLICE," OF CHAPTER 1, TITLE III, IN ITS ENTIRETY, EFFECTIVE APRIL 1, 1994. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance M-74-93, AN ORDINANCE PERTAINING TO THE ADDITION OF THACKER STREET, BETWEEN THE LIMITS OF LEE STREET AND DES PLAINES-RIVER ROAD, TO THE MUNICIPAL STREET SYSTEM, AT A FUTURE DATE. Motion declared carried as approved unanimously under Consent Agenda. Mayor Sherwood declared that the City Council was now resolved into a Committee of the Whole. COMMUNITY DEVELOPMENT Alderman Sarlo, Chair Moved by Chiropolos, seconded by Beauvais, to concur with recommendation of Des Plaines Zoning Board of Appeals and recommend to the City Council approval of request for Variation, Zoning Case 93-51-V, to permit a minimum lot area of 21,875 sq. ft. instead of the required 24,100 sq. ft. on property located at 1318-1338 Perry Street. Motion declared carried. FINANCE & ADMINISTRATION Alderman Haupt, Chair Moved by Beauvais, seconded by Chiropolos, to recommend to the City Council approval of the January 3, 1994 Warrant Register, in the amount of $1,241,212.49, and Resolution R-2-94 be adopted at appropriate time this evening. Alderman Christiansen abstained on Vendor #64393, in the amount of $100 (conflict of interest); and Alderman Sarlo abstained on Vendor #00892, in the amount of $15, 565 (conflict of interest) . Motion declared carried. LEGAL & LICENSING Alderman Kisslinger, Chair Mr. Dan L. Moore, District Manager-Northern Region, Sirloin Stockade, was sworn in by the City Clerk and gave testimony before the City Council. Moved by Kisslinger, seconded by Curley, to recommend to the City Council approval of Class H Liquor License for property located at 850 Oakton Street, d/b/a Sirloin Stockade. Motion declared carried. ORDINANCE M-57-93 LIQ. LIC. 1177-1179 ELMHURST: RESOLUTION R-2-94 WARRANT REGISTER: NEXT MTG. OF CITY COUNCIL: EXECUTIVE SESSION: CONTRACT AFSCME UNION AND ORDINANCE M-65-93: Tabled Item 99. 1/3/94 PAGE FIVE Mayor Sherwood assumed the chair, and declared the city council back in session. City Clerk McAllister advised the City Council that applicant for Class H Liquor License for property located at 1177-1179 Elmhurst Road, has withdrawn his request, which makes Ordinance M-57-93 null and void. Moved by Haupt, seconded by Sarlo, to concur with recommendation of Committee of the Whole to adopt Resolution R-2-94, 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: $1,241,212.49. Upon roll call the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Alderman Christiansen abstained on Vendor #64393, in the amount of $100 (conflict of interest) ; and Alderman Sarlo abstained on Vendor #00892, in the amount of $15, 565 (conflict of interest). Motion declared carried. Moved by Sarlo, seconded by Christiansen, that the City Council meeting scheduled to be held on Tuesday, February 22, 1994 (because of the holiday on Monday, February 21, 1994), be held on Wednesday, February 23, 1994. Motion declared carried. Moved by Beauvais, seconded by Sarlo, to go into Executive Session to discuss collective bargaining. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos NAYS: 1-Haupt ABSENT: 0-None Motion declared carried. Council recessed at 8:43 p.m. Council reconvened at 10:10 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt. Moved by Kisslinger, seconded by Christiansen, to take from the table the matter of the contract with the AFSCME Union and the related Ordinance M-65-93. Motion declared carried. Moved by Kisslinger, seconded by Christiansen, to ratify contract between the City and Local 8045 of the American Federation of State, County and Municipal Employees (AFSCME), effective January 3, 1994 unti April 30, 1996; and advance to Second Reading and adopt related compensation Ordinance M-65-93, AN ORDINANCE AMENDING SECTION 1-15-4 "CLASSIFICATION PLAN TO THE CITY SERVICE," OF THE CITY CODE OF DES PLAINES, TO ADD SEPARATE NEW SCHEDULES III-A AND V-1 FOR CLERICAL AND TECHNICAL "NON- UNIONIZED PERSONNEL;" AND FURTHER AMENDING SCHEDULES III AND V, TO REFLECT SALARY RANGE INCREASES EFFECTIVE MAY 1, 1993 TO APRIL 30, 1994, MAY 1, 1994 TO APRIL 30, 1995, AND MAY 1, 1995 TO APRIL 30, 1996, FOR CLERICAL AND TECHNICAL "UNIONIZED PERSONNEL. 11 Upon roll call, the vote was: 100. 1/3/94 PAGE SIX ORDINANCE M-65-93 (Cont'd.) AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. ADJOURNMENT: Moved by Christiansen, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:13 p.m. Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS /? ~AY O~~ , 1994 ~2'2 .~· ;;~ Ted Sherwood, MAYOR