0117941 0 1 •
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 17, 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 17, 1994.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Kisslinger, Curley,
Sarlo, Chiropolos, Haupt.
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, Sr. Civil Engineer Kaszuba, Public Safety Communications
Coordinator Ornberg, Human Resources and Services Director Merriman, and
City Attorney Wiltse.
PRAYER AND
PLEDGE:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
ZONING CASE
93-51-V
1318-1338
PERRY ST.:
Consent
Agenda
Ordinance
Z-2-94
The opening prayer was given by Reverend Henry Yip, Faith
Bible Church, followed by the Pledge of Allegiance to the
Flag.
Alderman Christiansen requested that Item 13 be removed
from the Consent Agenda.
Moved by Sarlo, seconded by Beauvais,
Consent Agenda except for Item 13.
carried.
to establish a
Motion declared
Moved by Sarlo, seconded by Chiropolos, to 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;
Ordinances M-1-94, M-3-94, M-4-94, M-5-94, M-6-94, M-7-
94, T-1-94, and Z-1-94 are adopted; Ordinances M-8-94,
M-9-94, M-10-94, M-11-94, M-12-94 and Z-2-94 are placed
on First Reading; and Resolution R-1-94 is adopted.
Moved by Sarlo, seconded by Chiropolos, to approve
minutes of regular meeting of the City Council held
January 3, 1994, as published. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to approve
minutes of Executive Session of the City Council held
January 3, 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 January 3,
1994, re Zoning Case 93-51-V, and grant request for
variation 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; and further recommend
to place on First Reading Ordinance Z-2-94, AN ORDINANCE
GRANTING A VARIATION TO SECTIONS 3. 5. 2. 8. 6 AND
9.1.7.1.1.2 OF THE CITY OF DES PLAINES ZONING ORDINANCE,
TO PERMIT A MINIMUM LOT AREA OF 21,875 SQ. FT. AND TO
PERMIT 50 OFF-STREET PARKING SPACES, IN R-5 CENTRAL CORE
MULTI-FAMILY DISTRICT, FOR 1318-1338 PERRY STREET (CASE
NO. 93-51-V). Motion declared carried as approved
unanimously under Consent Agenda.
LIQ. LIC.
850 OAKTON:
consent
Agenda
Ordinance
M-8-94
ART GUILD
ART FAIR:
consent
Agenda
PUBLIC
IMPROVEMENTS/
KYLEMORE
GREENS SUB.:
consent
Agenda
Resolution
R-1-94
RELEASE OF
EXECUTIVE
SESSION
MINUTES:
consent
Agenda
ORDINANCE
M-9-94
BLD. PERMIT
FEES
INCREASE:
Consent
Agenda
ORDINANCE
M-10-94
DISPLAY OF
VEHICLE
STICKER FINE:
consent
Agenda
ORDINANCE
M-11-94
LIQ. LIC.
FEES
INCREASE:
consent
Agenda
1 02.
1/17/94
PAGE TWO
Moved by Sarlo, seconded by Chiropolos, to concur with
recommendation of Committee of the Whole on January 3,
1994, and approve Class H Liquor License for property
located at 850 Oakton Street, d/b/a Sirloin Stockade; and
further recommend to place on First Reading Ordinance M-
8-94, 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
as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation and grant request from Des Plaines
Art Guild for permission to use the property on the south
side of Ellinwood Street between Lee and Pearson Streets
for their 41st Annual Art Fair on Saturday, June 11, 1994
and, in case of rain, use of the same area on Sunday,
June 12, 1994, between the hours of 7 a.m. and 5 p.m.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation and accept streets, sidewalks,
watermains, stormwater detention facility, sanitary and
storm sewer public improvements for Kylemore Greens
Subdivision, Wolf and Central Roads, and refund balance
of surety in the amount of $766,643.80 ($27,000 cash
guarantee will be held until spring when City Forester
can inspect all parkway trees, and $366,640.75 cash
warranty will be held for 18 months}; and further
recommend adoption of Resolution R-1-94, A RESOLUTION
APPROVING THE PUBLIC IMPROVEMENTS IN THE KYLEMORE GREENS
SUBDIVISION. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation and release some or all of the
following executive session minutes (mandated semi-annual
review):
August 3, 1992 release all previously unreleased
portions
November 16, 1992 -workers' compensation claims for
March 15, 1993
Brock and Meyer
release all previously unreleased
portions
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to place on First
Reading Ordinance M-9-94, AN ORDINANCE AMENDING SECTIONS
4-4-3, 4-4-4, 4-4-5 (B) AND 4-4-11, OF CHAPTER 4
"BUILDING CODE, " TITLE IV, OF THE CITY CODE OF DES
PLAINES TO REFLECT A 10% INCREASE IN FEES; AND TO FURTHER
ADD THERETO A NEW SECTION 4-4-13: "ZONING BOARD OF
APPEALS APPLICATION FEES." Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to place on First
Reading Ordinance M-10-94, AN ORDINANCE AMENDING SECTION
10-9-8 "PLACEMENT AND DISPLAY OF CITY VEHICLE LICENSE
STICKER OR VEHICLE LICENSE PLATE" OF CHAPTER 9, TITLE X,
OF THE CITY CODE OF DES PLAINES, TO INCREASE THE
VIOLATION FINE TO $75.00. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to place on First
Reading Ordinance M-11-94 I AN ORDINANCE AMENDING SECTIONS
5-34-4, 5-34-5, 5-34-6, 5-34-7, 5-34-8, 5-34-9, 5-34-10,
5-34-11, 5-34-12, 5-34-13, 5-34-14, 5-34-15 AND 5-34-20
OF CHAPTER 34 "INTOXICATING LIQUORS," TITLE V, OF THE
CITY CODE OF DES PLAINES, TO REFLECT A 10% INCREASE IN
LIQUOR LICENSE FEES. Motion declared carried as approved
unanimously under Consent Agenda.
ORDINANCE
M-12-94
SUBDIVISION
FILING FEES
INCREASE:
consent
Agenda
ORDINANCE
M-1-94
LIQ. LIC.
5 2 N. W. HWY. :
consent
Agenda
ORDINANCE
M-2-94
HOTEL-MOTEL
TAX:
ORDINANCE
M-3-94
REAL ESTATE
TRANSFER
TAX:
consent
Agenda
ORDINANCE
M-4-94
VEH. STICKER
FEE INCREASE:
Consent
Agenda
ORDINANCE
M-5-94
BUS. LICENSES
FEE INCREASE:
consent
Agenda
ORDINANCE
M-6-94
BUS. REGULA.
CERTIF. FEE:
consent
Agenda
ORDINANCE
M-7-94
CERT. OF
OCCU. PERMIT
FEE:
Consent
Agenda
ORDINANCE
T-1-94
PARKING
RESTRICTION/
STH AVENUE:
Consent
Agenda
103.
1/17/94
PAGE THREE
Moved by Sarlo, seconded by Chiropolos, to place on First
Reading Ordinance M-12-94, AN ORDINANCE AMENDING SECTION
9-12-18 "FEES" OF CHAPTER 12, TITLE IX, OF THE CITY CODE
OF DES PLAINES TO INCLUDE SUBDIVISION FEES WITH A 10%
INCREASE IN FEES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
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 as approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Sarlo, to adopt
Ordinance M-2-94, AN ORDINANCE AMENDING SECTION 5-4 7-3 (A)
"RATE; EXEMPTION" OF CHAPTER 4 7, TITLE V "BUSINESS
REGULATIONS" OF THE CITY CODE OF DES PLAINES TO INCREASE
THE HOTEL-MOTEL OPERATOR'S OCCUPATION TAX RATE TO 4%.
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-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 as
approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
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 adopt
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 I EFFECTIVE JANUARY 1, 1994. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
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,
1994. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
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 adopt
Ordinance T-1-94, AN ORDINANCE AMENDING SECTION 10-5-3
"PARKING PROHIBITED IN CERTAIN PLACES, 11 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.
ORDINANCE
Z-1-94
450 WESTERN:
Consent
Agenda
WARRANT
REGISTER:
INSURANCE:
CHANGE ORDER
DRIVEWAY/
STATION #1:
REPAIR OF
HEATING UNIT/
GUN RANGE:
RESOLUTION
R-3-94
WARRANT
REGISTER:
104.
1/17/94
PAGE FOUR
Moved by Sarlo, seconded by Chiropolos, to adopt
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.
Mayor Sherwood declared that the City council was now
resolved into a committee of the Whole.
FINANCE & ADMINISTRATION Alderman Haupt, Chair
Moved by Haupt, seconded by Sarlo, to recommend to the
City Council approval of the January 17, 1994 Warrant
Register, in the amount of $1,601,312.81, and Resolution
R-3-94 be adopted at appropriate time this evening.
Motion declared carried.
Moved by Haupt, seconded by Sarlo, to recommend to the
City Council to accept proposals from Service Insurance
Agency, 1655 N. Arlington Heights Road, Arlington
Heights, IL 60004, for the following insurance policies
with Scottsdale Insurance Company, beginning February 1,
1994 through January 31, 1995:
Police Professional Liability -$47,405 Premium
Public Officials Liability -$30.092 Premium
$77,497 TOTAL
Motion declared carried.
PUBLIC SAFETY Alderman Elstner, Chair
Moved by Elstner, seconded by Chiropolos, to recommend
to the City Council approval of Change Order #1 to
contract with Nature's Way Contractors, Inc., 4554 N.
Austin Avenue, Chicago, IL 60630, for Driveway Removal
and Replacement for Fire Station #1 (approved on October
4, 1993), to add additional sidewalk, curb and gutter
work, in the amount of $1,589.50 (total contract now
$16,632). Motion declared carried.
PUBLIC WORKS Alderman Curley, Chair
Moved by Curley, seconded by Sarlo, to recommend to the
City Council to ratify contract with Southern
Refrigeration Heating & Air Conditioning, 22 Washington
Court, Streamwood, IL 60107, for the emergency repair of
the heating unit in the Gun Range at the Public Works
Garage, in the amount of $5,160, and that it is in the
best interest of the City that usual bid procedures be
waived. Motion declared carried.
Mayor Sherwood assumed the chair, and declared the City
Council back in session.
Moved by Haupt, seconded by Sarlo, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-3-94, 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:
$1,601,312.81. Upon roll call the vote was:
RESOLUTION
R-3-94
(Cont'd.)
INSURANCE:
CHANGE ORDER
DRIVEWAY/
STATION #1:
REPAIR OF
HEATING UNIT/
GUN RANGE:
RESOLUTION/
GUN CONTROL:
EXECUTIVE
SESSION:
105.
1/17/94
PAGE FIVE
AYES: a-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Haupt, seconded by Sarlo, to concur with the
recommendation of the Committee of the Whole to accept
proposals from Service Insurance Agency, 1655 N.
Arlington Heights Road, Arlington Heights, IL 60004, for
the following insurance policies with Scottsdale
Insurance Company, beginning February 1, 1994 through
January 31, 1995:
Police Professional Liability
Public Officials Liability
Upon roll call, the vote was:
$47,405 Premium
$30,092 Premium
$77,497 TOTAL
AYES: a-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Elstner, seconded by Chiropolos, to concur with
recommendation of the Committee of the Whole to approve
Change Order #1 to contract with Nature's Way
Contractors, Inc., 4554 N. Austin Avenue, Chicago, IL
60630, for Driveway Removal and Replacement for Fire
Station #1 (approved on October 4, 1993), to add
additional sidewalk, curb and gutter work, in the amount
of $1, 5a9. 50 (total contract now $16, 632) . Upon roll
call, the vote was:
AYES: a-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Curley, seconded by Sarlo, to concur with
recommendation of the Committee of the Whole to ratify
contract with Southern Refrigeration Heating & Air
Conditioning, 22 Washington Court, Streamwood, IL 60107,
for the emergency repair of the heating unit in the Gun
Range at the Public Works Garage, in the amount of
$5,160, and that it is in the best interest of the City
that usual bid procedures be waived. Upon roll call the
vote was:
AYES: a-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Chiropolos, seconded by Kisslinger, that City
Attorney be authorized to draft resolution supporting a
ban on assault weapons, stricter control on gun licensing
procedures at the Federal level and stricter judicial
findings for gun violations. 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 (draft resolution will appear
under the Consent Agenda on February 7, 1994).
Moved by Curley, seconded by Sarlo, to go into Executive
Session to discuss pending litigation. Upon roll call,
the vote was:
AYES: 6-Beauvais, Elstner, Kisslinger, Curley,
Sarlo, Chiropolos
NAYS: 2-Christiansen, Haupt
ABSENT: 0-None
Motion declared carried.
EXECUTIVE
SESSION
(Cont'd.)
PENDING
LITIGATION:
ADJOURNMENT:
1 06.
1/17/94
PAGE SIX
Council recessed at 8:05 p.m.
council reconvened at 8:28 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Kisslinger, Curley,
Sarlo, Chiropolos, Haupt.
Moved by Kisslinger, seconded by Haupt, that City
Attorney be authorized to continue to negotiate
settlement of law suit as directed in Executive Session.
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 Beauvais, seconded by Christiansen, that the
regular meeting of the City Council adjourno Motion
declared carried. Meeting adjourned at 8:29 p.m.
~Q~-a-::.
Donna McAllister, CMC/AAE -CITY CLERK
APPROVED BY ME THIS
Ted Sherwood, MAYOR