020794107.
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,
FEBRUARY 7 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, February 7, 1994.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Kisslinger, Curley,
Sarlo, Chiropolos, Haupt.
Also present were: 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:
CONSENT
AGENDA:
MINUTES:
consent
Agenda
MECCA LABOR
NEGOTIATOR:
consent
Agenda
DELGADO
SUBDIVISION:
Consent
Agenda
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Alderman Elstner requested that Item 25 be removed from
the Consent Agenda, and Alderman Beauvais requested that
Item 17 be removed.
Moved by Sarlo, seconded by Chiropolos, to establish a
Consent Agenda except for Items 17 and 2 5. Motion
declared carried.
Moved by Beauvais, seconded by Elstner, 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-8-94, M-9-94, M-10-94, M-11-94, M-12-94, and
Z-2-94 are adopted; Ordinances M-13-94, M-14-94, M-15-94,
M-16-94, M-17-94, M-18-94, M-19-94, M-20-94, M-22-94, and
M-23-94 are placed on First Reading; and Resolutions R-4-
94 and R-5-94 are adopted.
Moved by Beauvais, seconded by Elstner, to approve
minutes of regular meeting of the City Council held
January 17, 1994, as published. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Elstner, to approve
minutes of Executive Session of the City Council held
January 17, 1994. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Beauvais, seconded by Elstner to concur with
Staff recommendation and waive Request for Proposal
procedure and appoint Wesley A. Wildman as City's labor
negotiator for upcoming MECCA Union negotiations. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Beauvais, seconded by Elstner, to concur with
Staff recommendation and concur with recommendation of
Des Plaines Plan Commission to approve plat of Delgado
Subdivision, 2209 Sprucewood Avenue, and Mayor and City
Clerk be authorized to execute same. Motion declared
carried as approved unanimously under Consent Agenda.
SALE OF CITY
PROPERTY:
consent
Agenda
Ordinance
M-23-94
APPROPRIA. OF
MFT FUNDS/
1990 GO
BONDS:
consent
Agenda
Resolution
R-4-94
1994 STREET
MAINTENANCE:
consent
Agenda
Resolution
R-5-94
APPOINTMENTS:
consent
Agenda
ORDINANCE
M-13-94
DOUBLE
LICENSING FEE
INCREASE:
consent
Agenda
10 8 .
2/7/94
PAGE TWO
Moved by Beauvais, seconded by Elstner, to concur with
Staff recommendation that City declare the following
listed personal property to be surplus and City Manager
be authorized to sell such property to the highest bidder
pursuant to public notice: obsolete NCR computer and
obsolete Northern Telecom SL-1 telephone switch; and
further declare surplus City Council audio system and
City Manager be authorizd to convey such property to
School District #207 for educational purposes; and
further recommend to place on First Reading Ordinance M-
23-94, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC
AUCTION AND CONVEYANCE OF PERSONAL PROPERTY OWNED BY THE
CITY OF DES PLAINES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Beauvais, seconded by Elstner, to concur with
Staff recommendation and approve appropriation of
$201,000 of Motor Fuel Tax funds to fund street
improvement portion of the debt service incurred on the
1990 General Obligation Bonds and City Clerk be
authorized to sign Illinois Department of Transportation
Obligation Retirement Resolution (this action is
necessary so that IDOT is aware of the City expending MFT
funds for this purpose); and further recommend approval
of Resolution R-4-94, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DES PLAINES, ILLINOIS, PROVIDING FOR THE
RETIREMENT OF CERTAIN MUNICIPAL INDEBTEDNESS BY THE USE
OF MOTOR FUEL TAX FUNDS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Elstner, to concur with
Staff recommendation and City Clerk be authorized to sign
Supplemental Resolution/Section #94-00000-00 GM in the
amount of $999,000 for 1994 Street Maintenance Project
as follows:
Street Resurfacing $709,000
Snow & Ice Control $100,000
Electrical Energy $ 25,000
Traffic Signal Maintenance - $ 10,000
50/50 Sidewalk Program $ 50,000
Maintenance Engineering $ 45,000;
and further recommend approval of Resolution R-5-94, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES
APPROPRIATING $999, 000 OF MOTOR FUEL TAX FUNDS FOR
MAINTENANCE OF STREETS AND HIGHWAYS FROM JANUARY 1, 1994
TO DECEMBER 31, 1994. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Beauvais, seconded by Elstner, that the City
Council consider the following Mayoral appointments with
final action being taken under Consent Agenda on February
23, 1994:
DES PLAINES ARCHITECTURAL COMMISSION Paul Lippold
DES PLAINES COMMUNITY HEALTH ADVISORY COMMISSION
Dr. Frank Ferraiolo
DES PLAINES HUMAN SERVICES ADVISORY COMMISSION
Elizabeth Trembath, Lawrence Swanson, Jerry Warchol,
Terry Just, Sharon Smith, David McConnell, Lisa Golden,
Patricia Morris.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Beauvais, seconded by Elstner, to place on First
Reading Ordinance M-13-94, AN ORDINANCE AMENDING SECTION
5-1-2.2 "EXEMPTION FROM DOUBLE LICENSING" OF CHAPTER 1,
TITLE V, OF THE CITY CODE OF DES PLAINES, TO REFLECT A
10% INCREASE IN DOUBLE LICENSING FEES. Motion declared
carried as approved unanimously under Consent Agenda.
ORDINANCE
M-14-94
SUPPLIER'S
LICENSE FEE
INCREASE:
Consent
Aqenda
ORDINANCE
M-15-94
AUCTION
LICENSE FEE
INCREASE:
Consent
Aqenda
ORDINANCE
M-16-94
LICENSE FEES
& SERVICE
CHARGES
INCREASE:
consent
Aqenda
ORDINANCE
M-17-94
REGISTRA. OF
SOLICITORS
FEE INCREASE:
Consent
Aqenda
ORDINANCE
M-18-94
GARAGE SALES
PERMIT FEE
INCREASE:
consent
Aqenda
ORDINANCE
M-19-94
ANIMAL
LICENSE FEE
INCREASE:
consent
Aqenda
ORDINANCE
M-20-94
NONPAY. OF
WATER BILL
FEE INCREASE:
Consent
Aqenda
ORDINANCE
M-21-94
REAL ESTATE
TRANS. TAX
EXEMPTION &
PROCESS. FEE:
ORDINANCE
M-22-94
FENCE VARIA.
& BLDG.
PERMIT FEE:
consent
Aqenda
1 09.
2/7/94
PAGE THREE
Moved by Beauvais, seconded by Elstner, to place on First
Reading Ordinance M-14-94, AN ORDINANCE AMENDING SECTIONS
5-2-1.3(H), 5-2-2.3, 5-2-3.2(F), 5-2-4.6 OF CHAPTER 2,
TITLE V, OF THE CITY CODE OF DES PLAINES, TO REFLECT A
10% INCREASE IN SUPPLIER'S LICENSE FEES. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Elstner, to place on First
Reading Ordinance M-15-94, AN ORDINANCE AMENDING SECTIONS
5-4-1.5 AND 5-4-1.12 OF CHAPTER 4, TITLE V, OF THE CITY
CODE OF DES PLAINES, TO REFLECT A 10% INCREASE IN AUCTION
LICENSE FEES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Beauvais, seconded by Elstner, to place on First
Reading Ordinance M-16-94, AN ORDINANCE AMENDING SECTIONS
5-5-10.2, 5-5-15(A) AND 5-5-31(D) OF CHAPTER 5, TITLE V,
OF THE CITY CODE OF DES PLAINES, TO REFLECT A 10%
INCREASE IN APPLICATION FOR LICENSE FEE, PRECIOUS METALS
DEALERS LICENSE FEE, AND SERVICE CHARGES FOR NON-BONA
FIDE FIRE ALARMS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Beauvais, seconded by Elstner, to place on First
Reading Ordinance M-17-94, AN ORDINANCE AMENDING SECTION
5-46-5 OF CHAPTER 46 "REGISTRATION OF SOLICITORS," TITLE
V, OF THE CITY CODE OF DES PLAINES, TO REFLECT A 10%
INCREASE IN FEES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Beauvais, seconded by Elstner, to place on First
Reading Ordinance M-18-94, AN ORDINANCE AMENDING SECTION
6-13-2 OF CHAPTER 13 "GARAGE, RUMMAGE AND SIMILAR SALES,"
TITLE VI, OF THE CITY CODE OF DES PLAINES, TO REFLECT A
10% INCREASE IN FEES. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Elstner, to place on First
Reading Ordinance M-19-94' AN ORDINANCE AMENDING SECTIONS
6-4-4, 6-4-5, 6-4-6(A), 6-4-7(A) AND 6-4-ll(A) OF CHAPTER
4 "DOG AND CAT CONTROL," TITLE VI, OF THE CITY CODE OF
DES PLAINES, TO REFLECT A 10% INCREASE IN LICENSE FEES.
Motion declared as approved unanimously under Consent
Agenda.
Moved by Beauvais, seconded by Elstner, to place on First
Reading Ordinance M-20-94, AN ORDINANCE AMENDING SECTION
3-4-21 "NON-PAYMENT OF WATER BILLS; SERVICE SHUT OFF,"
OF CHAPTER 4, TITLE III, OF THE CITY CODE OF DES PLAINES,
TO REFLECT A 10% INCREASE IN SERVICE FEES. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Beauvais, seconded by Sarlo, to place on First
Reading Ordinance M-21-94, AN ORDINANCE AMENDING CHAPTER
51 "REAL ESTATE TRANSFER TAX" OF TITLE V, OF THE CITY
CODE OF DES PLAINES, TO ADD THERETO SECTION 5-51-16 "REAL
ESTATE TRANSFER TAX REFUNDS" AND SECTION 5-51-17
"EXEMPTION PROCESSING FEE." Motion declared carried ..
Moved by Beauvais, seconded by Elstner, to place on First
Reading Ordinance M-22-94, AN ORDINANCE AMENDING SECTIONS
6-7-l(E) (3) AND 6-7-2, OF CHAPTER 7 "PARTITION FENCES,"
TITLE VI, OF THE CITY CODE OF DES PLAINES, TO REFLECT A
10% INCREASE IN FEES. Motion declared carried as
approved unanimously under Consent Agenda.
ORDINANCE
M-8-94
LIQ. LIC.
850 OAKTON:
consent
Agenda
ORDINANCE
M-9-94
BLDG. PERMIT
FEE INCREASE:
consent
Agenda
ORDINANCE
M-10-94
FINE INCREASE
VEH. STICKER:
consent
Agenda
ORDINANCE
M-11-94
LIQ. LIC.
FEE INCREASE:
consent
Agenda
ORDINANCE
M-12-94
SUBDIVISION
FILING FEES
INCREASE:
Consent
Agenda
ORDINANCE
Z-2-94
VARIATION/
1318-1338
PERRY ST.:
consent
Agenda
RESOLUTION
R-6-94
GUN CONTROL:
1 1 0 •
2/7/94
PAGE FOUR
Moved by Beauvais, seconded by Elstner, to adopt
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 {Sirloin
Stockade, 850 Oakton Street). Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Elstner, to adopt
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 Beauvais, seconded by Elstner, to adopt
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 Beauvais, seconded by Elstner, to adopt
Ordinance M-11-94, 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.
Moved by Beauvais, seconded by Elstner, to adopt
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 Beauvais, seconded by Elstner, to adopt
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.
Moved by Chiropolos, seconded by Kisslinger, to adopt
Resolution R-6-94, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DES PLAINES, URGING STATE AND FEDERAL
AUTHORITIES TO BAN THE SALE AND POSSESSION OF ASSAULT
GUNS, STRENGTHEN LICENSING REQUIREMENTS, AND IMPOSE
STRICTER CRIMINAL PENALTIES FOR CRIMES COMMITTED BY
INDIVIDUALS WHEN IN POSSESSION OF FIREARMS.
Mr. Vince Powers, 862 Webster Lane, addressed the Council
and stated that while the resolution was good, it did not
go far enought, it should be stronger.
Mr. Ed Frank, 1106 s. Sixth Avenue, addressed the Council
and spoke in opposition of the resolution.
Mr. John Rothermel, 700 Berkshire Court, addressed the
Council and questioned the definition of assault guns.
RESOLUTION
R-6-94
{Cont'd.)
ZONING CASE
94-2-V
700 PEARSON:
ZONING CASE
94-4-V
2068 BIRCH:
APPRAISER/
DES PLAINES
MALL:
1 1 1 •
2/7/94
PAGE FIVE
Moved by Elstner, seconded by Christiansen, that this
matter be tabled until the next City Council meeting on
February 23, 1994. Upon roll call, the vote was:
AYES: 3-Beauvais, Christiansen, Elstner
NAYS: 5-Kisslinger Curley, Sarlo, Chiropolos, Haupt
ABSENT: 0-None
Motion declared failed.
Upon roll call on the original motion, the vote was:
AYES: 6-Christiansen, Kisslinger, Curley, Sarlo,
Chiropolos, Haupt
NAYS: 2-Beauvais, Elstner
ABSENT: 0-None
Motion declared carried.
Mayor Sherwood declared that the City council was now
resolved into a Committee of the Whole.
COMMUNITY DEVELOPMENT Alderman Sarlo, Chair
Moved by Haupt, seconded by Kisslinger, to concur with
recommendation of Des Plaines Zoning Board of Appeals {no
Staff recommendation), and recommend to the City Council,
re Zoning Case 94-2-V, to grant request for Variation to
permit installation of forty { 40) electronic games and/or
amusement devices in indoor commercial recreation
facility in C-4 Zoning District on property located a 700
Pearson Street.
Representatives from petitioner Hype, Inc. : Attorney
Jeffrey Braiman, Jeff Fisher, Les Goldstein, and Des
Plaines Mall Manager Nikki Wilson, addressed the Council
and answered questions regarding this matter.
Mr. Bob Rubin, 9571 Park Lane, addressed the Council and
spoke in support of this variation.
Motion declared carried on the motion to grant. Aldermen
Curley and Sarlo, and Mayor Sherwood voted no.
Moved by Beauvais, seconded by Chiropolos, to concur with
Staff recommendation {no recommendation from Des Plaines
Zoning Board of Appeals because four votes were not cast
either for or against granting the variation), and
recommend to the City Council, re Zoning Case 94-4-V, to
deny request for a Variation to permit construction of
an oversized garage, 32' x 22', on property located at
2068 Birch Street.
Petitioner Irena Kozak addressed the Council and answered
questions regarding this matter.
Motion declared carried on the motion to deny. Alderman
Elstner abstained.
Moved by Haupt, seconded by Beauvais, to concur with
Staff recommendation and recommend to the City Council
to accept proposal from MaRous & Company, 116 s. Prospect
Avenue, Suite 200, Park Ridge, IL 60068, for appraisal
of commercial property known as Des Plaines Mall, in the
amount of $6,000. Motion declared carried.
LIQ. LIC.
680 N. WOLF:
WARRANT
REGISTER:
ADVERTISING
FOR BIDS:
RESOLUTION
R-7-94
WARRANT
REGISTER:
EXECUTIVE
SESSION:
ANNUAL
EVALUATION/
CITY MGR.:
1 1 2 •
2/7/94
PAGE SIX
LEGAL & LICENSING Alderman Kisslinger, Chair
Alderman Kisslinger advised the Council that application
for Class H Liquor License for property located at 680
N. Wolf Road, d/b/a Phillips 66, has been withdrawn and
application fee will be refunded to applicant (applicant
does not qualify for a liquor license under City
ordinances).
FINANCE & ADMINISTRATION Alderman Haupt, Chair
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation and recommend to the City Council
approval of the February 7, 1994 Warrant Register, in the
amount of $2, 057, 674 .13, and Resolution R-7-94 be adopted
at appropriate time this evening. Motion declared
carried.
Mayor Sherwood assumed the chair, and declared the City
council back in session.
The City Clerk's Office will be advertising for bids for
Tree Trimming, Tree and Stump Removal and Purchase of
Trees -Spring Plant, returnable by 3:00 p.m., Friday,
March 11, 1994.
Moved by Haupt, seconded by Sarlo, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-7-94, 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:
$2,057,674.13. 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 Chiropolos, seconded by Sarlo, to go into
Executive Session to discuss personnel. 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 9:30 p.m.
Council reconvened at 10:16 p.m.
Roll call indicated the
Beauvais, Christiansen,
Sarlo, Chiropolos, Haupt.
following aldermen present:
Elstner, Kisslinger, Curley,
Moved by Haupt, seconded by Chiropolos, that inasmuch as
the City Manager Douthwaite' s performance during this
past year has been exemplary, that he be given a 6%
salary increase to be placed in deferred compensation and
not added to the base salary (this will save the City
almost 8% in taxes); his total 1994 salary will be
$90, 820 which will place him about the middle of the
salary survey for city managers in this area, and further
to concur with City Manager Douthwaite's recommendation
that the following deletions be made in his employment
agreement:
Section 5. c -The City will increase Employee's base
salary by any annual general wage increase granted other
management employees.
\JM --===-===----===------==============,,_..------------------------------------------------------___:.....
CITY MGR.
(Cont'd.)
ADJOURNMENT:
1 1 3 •
2/7/94
PAGE SEVEN
Section 14 -The City will pay directly for the
reasonable and direct expenses of packing and moving
ordinary and customary household items of the Employee
and his family from Moline, Illinois to Des Plaines,
Illinois, which shall include unpacking, any storage
costs necessary and insurance charges. Expenses to be
reimbursed shall also include reasonable and direct costs
for Employee and his spouse for the purpose of traveling
to Des Plaines to find appropriate housing.
Section 17. e -The employee acknowledges that he is aware
that Ill.Rev.stat.(1991) Ch.24, Par.3-7-2 provides that
the term of an employee may not exceed the term of the
Mayor.
Upon roll call, the vote was:
AYES: 7-Beauvais, Elstner, Kisslinger, Sarlo,
Chiropolos, Haupt, Mayor Sherwood
NAYS: 2-Christiansen, Curley
ABSENT: 0-None
Motion declared carried.
Moved by Chiropolos, seconded by Sarlo, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:22 p.m.
~~~Cl
Donna McAllister, CMC/AAE CITY CLERK