10-04-1999102
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 4, 1999
CALL TO ORDER: The regular meeting of the City Council of the City of Des
Plaines, Illinois, was called to order by City Clerk Donna
McAllister at 7:00 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Ci vie Center on Monday,
October 4, 1999.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker,
Smith, Arredia.
Also present were: City Manager Douthwaite, Assistant to the City
Manager Johnson, Director of Economic Development Klaus, Accountant
Jackie Drabant, Fire Chief Farinella, Police Chief Sturlini, Director of
Public Works Killian, City Engineer Oakley, Director of Community
Development D'Onofrio, Director of Human Resources & Services Merriman,
Assistant City Attorney Bartel, and City Attorney Wiltse.
ELECTION
OF MAYOR
PRO TEM:
PRAYER AND
PLEDGE:
CITIZEN
PARTICIPA.:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
Moved by Elstner, seconded by Brookman, that Alderman
Christiansen be elected Mayor Pro Tern for this evening's
meeting during Mayor Jung's absence. Motion declared
carried.
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Mrs. Sandra Norlin, Des Plaines Library Administrator,
addressed the City Council stating that the Friends of
the Library has nearly reached their goal in selling
bricks through their "Buy a Brick" program for the
Library Plaza; proceeds will be used to furnish the
Children's Department in the new Library. Mrs. Norlin
stated that the deadline for purchasing bricks has been
extended to October 10, 1999.
Alderman Sayad requested the Item 3 be removed from the
Consent Agenda; Alderman Brookman requested that Items
7, 7a, 8 and 8a be removed; and Alderman Arredia
requested that Item 11 be removed.
Moved by Brookman, seconded by Sayad, to establish a
Consent Agenda except for Items 3, 7, 7a, 8, Ba and 11.
Motion declared carried.
Moved by Elstner, seconded by Beauvais, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Elstner, Sayad,
Brookman, Becker, Smith, Arredia
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Minutes were approved; Staff recommendations and requests
were approved; Ordinance M-46-99 was adopted; Ordinances
Z-26-99 and Z-27-99 were placed on First Reading; and
Resolutions R-62-99 and R-65-99 were adopted.
Moved by Elstner, seconded by Beauvais, to approve
minutes of Special meeting of the City Council held
September 8, 1999, as published. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Elstner, seconded by Beauvais, to approve
Executive Session minutes of the City Council meeting
held September 8, 1999. Motion declared carried as
approved unanimously under Consent Agenda.
MINUTES/
9/20/99
ZONING CASE
99-61-V
VARIATION/
981 OAKTON:
Consent
Agenda
Ordinance
Z-26-99
ZONING CASE
99-62-V
VARIATION/
401 W. GOLF:
Consent
Agenda
Ordinance
Z-27-99
UPDATED
MAB AS
AGREEMENT:
Consent
Agenda
Resolution
R-62-99
ANTENNA LEASE
AGREEMENT/
DULLES ROAD
WATER TOWER:
Resolution
R-63-99
103
10/4/99
PAGE TWO
Alderman Sayad requested that the minutes of the regular
meeting of the City Council held September 20, 1999, be
amended as follows: Page Four, regarding Ordinance M-44-
99, add "Alderman Sayad said he is concerned about the
incorrect information our City Manager gave us that there
wasn't any city within 10 miles of Calumet City against
them receiving a gambling license."
Moved by Sayad, seconded by Brookman, to approve the
minutes of the regular meeting of the City Council held
September 20, 1999 AS AMENDED. Motion declared
carried.
Moved by Elstner, seconded by Beauvais, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Case 99-61-V, to grant request to permit construction
of a 6' high fence instead of the required 8', in C-3
General Commercial District, on property located at 981
Oakton Street; and further recommend to place on First
Reading Ordinance Z-26-99, AN ORDINANCE AUTHORIZING A
VARIATION TO SECTION 8.2-1 OF THE CITY OF DES PLAINES
ZONING ORDINANCE TO PERMIT A SIX FOOT HIGH FENCE INSTEAD
OF THE REQUIRED EIGHT FEET AT 981 OAKTON STREET, DES
PLAINES, ILLINOIS (MIDAS MUFFLER) (CASE 99-61-V). Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Elstner, seconded by Beauvais, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Case 99-62-V, to grant request to permit construction
of a 6' high fence instead of the permitted 4' on
property located at 401 W. Golf Road in R-1 Single Family
Residential District; and further recommend to place on
First Reading Ordinance Z-27-99, AN ORDINANCE AUTHORIZING
A VARIATION TO SECTION 8.2-1 OF THE CITY OF DES PLAINES
ZONING ORDINANCE TO PERMIT A SIX FOOT HIGH FENCE INSTEAD
OF THE PERMITTED FOUR FOOT AT 401 W. GOLF ROAD, DES
PLAINES, ILLINOIS (CASE 99-62-V), Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Elstner, seconded by Beauvais, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute an updated Agreement with MABAS
(Mutual Aid Box Alarm System) Division 1 Specialized
Response Team Association (last updated in 1989) to add
amendments regarding hazardous materials response and
special rescue operations, to best serve the interest of
the Fire Departments within MABAS in preserving life,
property, health, safety and welfare of the public; and
further recommend to adopt Resolution R-62-99, A
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN "MUTUAL AID BOX ALARM SYSTEM" (MABAS) DIVISION
I AND THE CITY OF DES PLAINES FIRE DEPARTMENT FOR AN
UPDATED AGREEMENT TO BENEFIT THE RESIDENTS OF THE CITY
OF DES PLAINES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Sayad, to TABLE until
October 18, 1999, the matter of authorizing the Mayor and
City Clerk to execute a Lease Agreement with Nextel West
Corporation, 300 Park Boulevard, Suite 515, Itasca, IL
60143, to permit installation of antennas on the City's
water tower located at 720 Dulles Road (Route 83 and
Dulles Road); City to receive $12,000 in rent payments
the first year, an additional 5% for every year
thereafter; City to receive a one-time credit of $8,000
to purchase Nextel equipment and receive an annual credit
of $5, 000 to purchase Nextel equipment or services;
Nextel to be solely responsible for maintenance
requirements; and the adoption of Resolution R-63-99, A
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN
A LEASE AGREEMENT BETWEEN THE CITY OF DES PLAINES AND
NEXTEL WEST CORP. Motion declared carried.
ANTENNA LEASE
AGREEMENT/
CITY HALL:
Resolution
R-64-99
POLLUTION
CONTROL FOR
COAL-FIRED
POWER PLANTS:
Consent
Agenda
Resolution
R-65-99
PURCHASE OF
ENGINEERING
PLOTTER:
Consent
Agenda
1999
HOLIDAY
DECORATION:
ORDINANCE
M-46-99
SALE BY
NWMC AUCTION/
CITY VEH.:
Consent
Agenda
LIQ. LIC./
769 HOLIDAY
LANE:
104
10/4/99
PAGE THREE
Moved by Brookman, seconded by Sayad, to TABLE until
October 18, 1999, the matter of authorizing the Mayor and
City Clerk to execute Lease Agreement with Nextel West
Corporation, 300 Park Boulevard, Suite 515, Itasca, IL
60143, to permit installation of antennas on top of City
Hall, 1420 Miner Street; City to receive $12,000 in rent
payments the first year, an additional 5% for every year
thereafter; City to receive a one-time credit of $8,000
to purchase Nextel equipment and receive an annual credit
of $5, 000 to purchase Nextel equipment or services;
Nextel to be solely responsible for maintenance
requirements; and the adoption of Resolution R-64-99, A
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN
A LEASE AGREEMENT BETWEEN THE CITY OF DES PLAINES AND
NEXTEL WEST CORP. Motion declared carried.
Moved by Elstner, seconded by Beauvais, to concur with
Staff recommendation that the City be authorized to
support the end of the exemption of old coal-fired power
plants in Illinois from meeting the same air quality
standards that modern plants must meet under the Clean
Air Act; call for the installation of pollution control
equipment or conversion to natural gas for these plants;
and further recommend to adopt Resolution R-65-99, A
RESOLUTION PERTAINING TO THE SALE OF ANY AND ALL COAL-
FIRED PLANTS IN ILLINOIS CALLING FOR THE INSTALLATION OF
POLLUTION CONTROL EQUIPMENT OR CONVERSION TO NATURAL GAS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Elstner, seconded by Beauvais, to concur with
Staff recommendation to accept proposal from FDC
Corporation, 3 60 Bonnie Lane, Elk Grove Village, IL
60009, for the purchase of One (1) HP DesignJet 1050C
Plotter for the Engineering Department, in the amount of
$6, 191/General Fund. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to concur with
Staff recommendation to accept Second Year Contract with
Temple Display, Ltd., 114 E. Kirkland Centre, Oswego, IL
60453, to provide downtown holiday decorations for 1999,
for a total of $29,309.50/TIF Funds. Upon roll call, the
vote was:
AYES: 8-Beauvais, Christiansen, Elstner, Sayad,
Brookman, Becker, Smith, Arredia
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Elstner, seconded by Beauvais, to adopt
Ordinance M-46-99, AN ORDINANCE AUTHORIZING THE SALE BY
PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF
DES PLAINES. Motion declared carried as approved
unanimously under Consent Agenda.
MAYOR PRO TEM CHRISTIANSEN DECLARED THAT THE CITY COUNCIL
WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
LEGAL & LICENSING -Alderman Beauvais, Chair
The petitioners Bryan Jordahl and Joseph A. Kalism, were
sworn in by the City Clerk and gave testimony before the
Committee of the Whole.
Moved by Arredia, seconded by Smith, to recommend to the
City Council to approve Change of Ownership for Class A
Liquor License for property located at 769 Holiday Lane,
d/b/a Frankie's Two, contingent upon verification of
~ngerprints. Motion declared carried. ~
10/18/99 -AMENDMENT
ADD: "Alderman Sayad asked about the TIPS Program and when
would the petitioners take the next class. Chief
Sturlini said about 3 to 6 months or when there are
enough to fill a class which 10 to 15 are required.
Alderman Sayad said that we need to look at this program
and find ways to get petitioners through this class
much faster. We can't just give a liquor license today
and have them take this class months later. It just
doesn't make sense.~
WARRANT
REGISTER:
ORDINANCE
M-44-99
AUTHORIZING
ACCEPTANCE/
CALUMET CITY
GAMING
REVENUE:
LIQ. LIC./
769 HOLIDAY
LANE:
WARRANT
REGISTER:
Resolution
R-66-99
PETITIONS/
NORTHSHIRE
SUBDIVIS.:
(Eve.~)
105
10/4/99
PAGE FOUR
FINANCE & ADMINISTRATION -Alderman Brookman, Vice Chair
Moved by Smith, seconded by Sayad, to concur with Staff
recommendation and recommend to the City Council approval
of October 4, 1999 -Warrant Register in the amount of
$ 2,469,546.38 which includes $560.32 in expenditures to
Home Depot; and further recommend that Resolution R-66-99
be adopted at appropriate time this evening. Motion
declared carried (Alderman Elstner abstained on approving
$560. 32 in expenditures to Home Depot -conflict of
interest) .
MAYOR PRO TEM CHRISTIANSEN ASSUMED THE CHAIR AND DECLARED
THE CITY COUNCIL BACK IN SESSION.
Moved by Becker, seconded by Sayad, to TABLE until
October 18, 1999 (previously tabled on September 20,
1999), Second Reading of Ordinance M-44-99, AN ORDINANCE
AUTHORIZING THE ACCEPTANCE OF REVENUE PURSUANT TO THE
CALUMET CITY SOUTH SUBURBAN MAYORS AND MANAGERS
ASSOCIATION AGREEMENT. Motion declared carried (final
action on this matter under Unfinished Business on
October 18, 1999).
Moved by Beauvais, seconded by Brookman, to concur with
recommendation of Committee of the Whole to approve
Change of Ownership for Class A Liquor License for
property located at 769 Holiday Lane, d/b/a Frankie's
Two, contingent upon verification of fingerprints.
Motion declared carried.
Moved by Brookman, seconded by Sayad, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-66-99, 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:
$2,469,546.38, which includes $560.32 in expenditures to
Home Depot. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Elstner, Sayad,
Brookman, Becker, Smith, Arredia
NAYS: 0-None
ABSENT: 0-None
Motion declared carried (Alderman Elstner abstained on
approving $560.32 in expenditures to Home Depot
conflict of interest) .
Mayor Pro Tern Christiansen referred the petitions filed
with the City Clerk on Thursday, September 23, 1999, from
residents of the Northshire Subdivision, requesting
restoration of the roadways in their area and addressing
the problem of speed drivers and increased traffic during
rush hours, to Staff for review and report.
AMENDMENT/
ADULT USE
REGULATIONS:
* Moved by Sayad, seconded by Brookman, to place on First
Reading Ordinance M-47-99, amending Title V, Chapter 8,
"Adult Uses" to add provisions regarding restricting
consumption of food or beverages on site, pleas of
guilty, and similar provisions. Motion declared carried. Ordinance
M-47-99
Moved by Sayad, seconded by Brookman, to advance to
Second Reading and adopt Ordinance M-47-99, AN ORDINANCE
AMENDING THE DES PLAINES CITY CODE TITLE V, "BUSINESS
REGULATIONS I II CHAPTER 8 I II ADULT USES I II SECTIONS 5 -8 - 4 I
"LIQUOR LICENSING," AND 5-8-9, "APPLICATION" TO ADD
PROVISIONS REGARDING RESTRICTING CONSUMPTION OF FOOD OR
BEVERAGES ON s ITE I ADDING DIRECTORS I PLEAS OF GUILTY I AND
SIMILAR PROVISIONS.
10/18/99 -AMENDMENT
ADD: "City Attorney Wiltse said that Alderman Sayad
brought to his attention about 9 changes, which
I talked with our City Manager about and we
both agree to make them~
ADULT USE
(Cont'd.)
BUILDING
CODE AMEND./
PATIO
REPLACEMENT
and
PATIO
REPLACEMENT/
1440
HEATHER LN.:
SEAT BELTS
& SALE OF
GUNS:
EXECUTIVE
SESSION:
PENDING
LITIGATION:
WORKER'S
COMPENSATION
CLAIM:
ACQUISITION
OF REAL
PROPERTY:
106
10/4/99
PAGE FIVE
Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Elstner, Sayad,
Brookman, Becker, Smith, Arredia
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Brookman, seconded by Arredia, that Title IV,
Chapter 7 "Driveways and Hard Surface Limitations" of the
City Code be amended to permit one for one replacement
of an existing patio, and City Attorney be authorized to
draft necessary ordinance; and further recommend to
permit one for one replacement of an existing patio on
property located at 1440 Heather Lane. Motion declared
carried (further action on this matter under Consent
Agenda on October 18, 1999).
At the request of Alderman Smith, Mayor Pro Tern
Christiansen referred the matters of violation of seat
belt use and the ban of sale of handguns and assault
weapons to the Public Safety Committee.
Moved by Sayad, seconded by Beauvais, to go into
Executive Session to discuss pending litigation, worker's
compensation claims and acquisition of real property.
Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Elstner, Sayad,
Brookman, Becker, Smith, Arredia
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
The City Council recessed at 8:40 p.m.
The City Council reconvened at 10:11 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker,
Smith, Arredia.
Moved by Brookman, seconded by Christiansen, to concur
with majority of the aldermen in Executive Session that
City Attorney be authorized to proceed as directed
regarding pending litigation. Upon roll call, the vote
was:
AYES: 5-Christiansen, Elstner, Sayad, Becker, Smith
NAYS: 3-Beauvais, Brookman, Arredia
ABSENT: 0-None
Motion declared carried.
Moved by Beauvais, seconded by Brookman, to concur with
majority of the aldermen in Executive Session that City
Attorney be authorized to proceed as directed regarding
a worker's compensation claim. Upon roll call, the vote
was:
AYES: 5-Beauvais, Christiansen, Sayad,
Brookman, Arredia
NAYS: 3-Elstner, Becker, Smith
ABSENT: 0-None
Motion declared carried.
Moved by Beauvais, seconded by Brookman, to concur with
consensus in Executive Session that City Attorney be
authorized to proceed as directed regarding acquisition
of real property. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Elstner, Sayad,
Brookman, Becker, Smith, Arredia
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
ADJOURNMENT:
107
10/4/99
PAGE SIX
Moved by Sayad, seconded by Brookman, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:15 p.m.
Donna McAllister, CMC/AAE CITY CLERK
APPROVED BY ME THIS lo -----