0321941 30.
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, MARCH
21, 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, March 21, 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, 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
LIO. LIC.
101 w.
OAKTON:
Consent
Agenda
Ordinance
M-27-94
SALE OF
MUNICIPAL
VEHICLES:
consent
Agenda
Ordinance
M-28-94
The opening prayer was given by city Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Alderman Chiropolos requested that Item 7 and 7a be
removed from the Consent Agenda, and Alderman Haupt
requested that Item 9 and Item 10 be removed.
Moved by Sarlo, seconded by Beauvais, to establish a
Consent Agenda except for Items 7, 7a, 9 and 10. Motion
declared carried.
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-25-94 and M-26-94 are adopted; Ordinances
M-27-94, M-28-94, M-29-94, M-30-94, M-31-94, M-32-94, and
M-33-94 are placed on First Reading; and Resolutions R-
15-94 and R-16-94 are adopted.
Moved by Sarlo seconded by Chiropolos, to approve minutes
of regular meeting of the City Council held March 7,
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
March 7, 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 March 7,
1994, and grant request for Class B Liquor License for
property located at 101 W. Oakton Street, d/b/a Sam's
Club #6464, contingent upon verification of fingerprints;
and further recommend to place on First Reading Ordinance
M-27-94, 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 authorize Police Department to
sell seven ( 7) used municipal vehicles to automobile
dealer making best off er but not below minimum acceptable
offer as follows: 1993 vehicle no minimum; 1992
vehicles -$5, 500 each; and 1987 vehicle -$500; and
vehicles to be sold in a lot; and further recommend to
~ ,v
M-28-94
(Cont'd.)
AGREEMENT/
IDOT RE
TRAFFIC
SIGNALS:
consent
Agenda
Resolution
R-15-94
ES TOPP EL
CERTIFICATE/
BEHREL DECK
PARK. LEASE:
Consent
Agenda
Resolution
R-16-94
FARMER'S
MARKET:
Resolution
R-17-94
JULY 4TH
PARADE:
consent
Agenda
1994 PARKWAY
TREE & STUMP
REMOVAL
CONTRACT:
1 3 1 •
3/21/94
PAGE TWO
place on First Reading Ordinance M-28-94, AN ORDINANCE
AUTHORIZING THE SALE OF PERSONAL PROPERTY BY THE CITY OF
DES PLAINES POLICE DEPARTMENT. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation to authorize Mayor and City Clerk
to execute Master Agreement with Illinois Department of
Transportation (!DOT) regarding maintenance and energy
costs for certain traffic signals; and further recommend
adoption of Resolution R-15-94, A RESOLUTION AUTHORIZING
THE CITY TO ENTER INTO A MASTER AGREEMENT WITH THE STATE
OF ILLINOIS DEPARTMENT OF TRANSPORTATION, TO ASSUME THE
COSTS FOR THE MAINTENANCE OF, AND THE ELECTRICAL ENERGY
CHARGES FOR, CERTAIN TRAFFIC SIGNALS LOCATED ON STATE
HIGHWAYS WITHIN THE CITY. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation to authorize Mayor and City Clerk
to execute Estoppel Certificate and consent to assignment
of Behrel Deck Parking Lease in conjunction with
acquisition of the First National Bank of Des Plaines by
First Bank Systems, Inc.; and further recommend adoption
of Resolution R-16-94, A RESOLUTION AUTHORIZING THE
EXECUTION OF THE ESTOPPEL CERTIFICATE, SUBMITTED BY FIRST
BANK SYSTEM, INC., PERTAINING TO THE BEHREL DECK PARKING
LEASE AND AGREEMENT DATED OCTOBER 10, 19 7 5, AND AS
AMENDED DECEMBER 22, 1982. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Elstner, to suspend the rules
to permit public comment on the operation of the Farmer's
Market.
City's License Officer Hinde and Spencer Chase, member
of the Des Plaines Senior Center Board, addressed the
Council and answered questions regarding this matter.
Moved by Chiropolos, seconded by Kisslinger, to concur
with Staff recommendation that Des Plaines Community
Senior Center be authorized to operate a Farmer's Market
on Lot #5 -River Road and Jefferson Street, for the
period effective the first Saturday after July 4th
through the third Saturday of October, each year, from
8 : o o a. m. through 1 : O O p. m. ; and further recommend
adoption of Resolution R-17-94, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, CREATING AND
AUTHORIZING A FARMER'S MARKET, as amended to set stall
charge at up to $20.00 per day. 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 concur with
recommendation of Mayor Sherwood and grant request from
Des Plaines Area Jaycees to hold the annual Independence
Day Parade (formerly sponsored by the Des Plaines Chamber
of Commerce) on Monday, July 4, 1994, beginning at 10:30
a.m., proceeding down Center Street from Oakton street
to Prairie Avenue; Des Plaines Area Jaycees to provide
necessary Certificate of Insurance. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Haupt, seconded by Chiropolos, to concur with
Staff recommendation and award bid for 1994 Parkway Tree
and stump Removal Contract to the lowest bidder in two
of the three categories, R. W. Hendricksen Company, 1370
S. Pennsylvania Avenue, Des Plaines, in an amount not to
exceed $25,000. Upon roll call, the vote was:
TREE & STUMP
(Cont'd.)
1994 PARKWAY
TREE TRIM.
CONTRACT:
TREES -1994
SPRING PLANT
CONTRACT:
consent
Agenda
ADVERTISING
FOR BIDS:
consent
Agenda
ORDINANCE
M-29-94
LIQ. PETROL.
GASES LIC.
FEE INCREASE:
Consent
Agenda
ORDINANCE
M-30-94
UNDERGROUND
STORAGE TANK
FEE INCREASE:
Consent
Agenda
ORDINANCE
M-31-94
FIRE & AMBUL.
SERVICE
FEE INCREASE:
consent
Agenda
ORDINANCE
M-32-94
INSPEC. OF
PLANS & SELF-
SVS. STATION
FEE INCREASE:
Consent
Agenda
ORDINANCE
M-33-94
HYDRANT TEST
FEE INCREASE:
Consent
Agenda
1 32 -
3/21/94
PAGE THREE
AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Beauvais, seconded by Chiropolos, to concur with
Staff recommendation and award bid for 1994 Parkway Tree
Trimming Contract to the lowest bidder for the first
three size classes (which the majority of the trees to
be trimmed fall into), in an amount not to exceed
$70,000. 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 concur with
Staff recommendation and award bid for purchase of Trees
-1994 Spring Plant to the second lowest bidder, Davey
Tree Farm, 5509 Congress Road, Wooster, OH 44691, in the
amount of $4,222, delivered. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation and authorize City Clerk to
advertise for bids for one (1) New Exhaust Filtration
System for Police Shooting Range located in Public Works
Facility, returnable by 3:00 p.m., Friday, April 8, 1994.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to place on First
Reading Ordinance M-29-94, AN ORDINANCE AMENDING SECTION
7-5-1 "LICENSE REQUIRED" OF CHAPTER 5, TITLE VII, OF THE
CITY CODE OF DES PLAINES, TO REFLECT A 10% INCREASE IN
LICENSE FEES FOR ENGAGING IN THE BUSINESS OF DEALING IN
AND INSTALLING LIQUEFIED PETROLEUM GASES. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sarlo, seconded by Chiropolos, to place on First
Reading Ordinance M-30-94, AN ORDINANCE AMENDING SECTION
7-2-3 "FEE, BOND; BEFORE PERMIT IS ISSUED" OF CHAPTER 2,
TITLE VII, OF THE CITY CODE OF DES PLAINES, TO REFLECT
A 10% INCREASE IN PERMIT FEES FOR TANK INSTALLATIONS AND
TO DELETE THE BOND REQUIREMENT. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to place on First
Reading Ordinance M-31-94, AN ORDINANCE AMENDING SECTION
7-17-2 "FEE STRUCTURE," OF CHAPTER 17, TITLE VII, OF THE
CITY CODE OF DES PLAINES TO REFLECT A 10% INCREASE IN
FEES (Fire and Ambulance Service Outside Corporate
Limits). Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to place on First
Reading Ordinance M-32-94, AN ORDINANCE AMENDING SECTION
7-4-4 11 FEES, INSPECTION OF PLANS 11 AND SECTION 7-4-9 (A) ( 3)
"REGULATION OF SELF-SERVICE STATIONS" OF CHAPTER 4, TITLE
VII, OF THE CITY CODE OF DES PLAINES TO REFLECT A 10%
INCREASE IN PERMIT FEES. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to place on First
Reading Ordinance M-33-94, AN ORDINANCE AMENDING SECTION
3-2-8(H) OF CHAPTER 2 "FIRE DEPARTMENT," TITLE III, OF
THE CITY CODE OF DES PLAINES, TO REFLECT A 10% INCREASE
IN FIRE FLOW-HYDRANT TEST FEES. Motion declared carried
as approved unanimously under Consent Agenda.
======~c-~= -------------------------------- - -
ORDINANCE
M-25-94
LIC. AGREE.
1600 THACKER:
Consent
Agenda
ORDINANCE
M-26-94
POSITION
CLASSIFICA./
9-1-1:
consent
Agenda
KEEP D.P.
BEAUTIFUL/
CLEAN COMM
COMMISSION:
WARRANT
REGISTER:
PROPOSAL/
LEAD AND
COPPER
STUDY:
COMPLIANCE
CITATIONS:
1 3 3.
3/21/94
PAGE FOUR
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance M-25-94 I AN ORDINANCE AUTHORIZING THE EXECUTION
OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH NORWOOD
BUILDERS, INC., FOR THE INSTALLATION OF BRICK PAVERS
SIDEWALK IN THE PUBLIC RIGHT-OF-WAY ADJACENT TO AND IN
FRONT OF 1600 THACKER STREET, DES PLAINES, IL. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance M-26-94, AN ORDINANCE AMENDING SCHEDULE VII
"TELE-COMMUNICATION OPERATORS 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 ADD THE
POSITION OF "EMERGENCY COMMUNICATIONS SPECIALIST-COMPUTER
SYSTEM ANALYST." 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 SERVICE Alderman Beauvais, Chair
Moved by Chiropolos, seconded by Haupt, to concur with
Staff recommendation and recommend to the City Council
the consolidation of Keep Des Plaines Beautiful, Inc. and
the City's Clean Community/Beautification Commission,
which would bring the two organizations under the
official arm of the City and the merge of their budgets
into the City's budget. Motion declared carried.
FINANCE & ADMINISTRATION Alderman Haupt, Chair
Moved by Kisslinger, seconded by Curley, that City
Attorney officially notify all legal firms doing business
with the City that all contacts with newspapers would be
on their time and not billed to the City. Motion
declared carried.
Moved by Sarlo, seconded by Haupt, to concur with Staff
recommendation and recommend to the City Council approval
of the March 21, 1994 Warrant Register in the amount of
$1, 349, 780. 59, and Resolution R-18-94 be adopted at
appropriate time this evening. Motion declared carried.
PUBLIC WORKS Alderman Curley, Chair
Moved by Curley, seconded by Sarlo, to concur with Staff
recommendation and recommend to the City Council to
accept proposal from RUST Environment & Infrastructure,
1501 Woodfield Road, Suite 200 East, Schaumburg, IL
60173, to conduct Lead and Copper Corrosion Control Study
for a not-to-exceed cost of $7, 500. Motion declared
carried.
LEGAL & LICENSING Alderman Kisslinger, Chair
Moved by Kisslinger, seconded by Curley, to concur with
Staff recommendation and recommend to the City Council
that Police Department be authorized to issue tickets for
non-moving violations on "C" tickets (City ordinance),
resulting in total fines being paid directly to the City
and not have to go through the Cook County Clerk's
Off ice; anq Ordinance M-34-94 be adopted at appropriate
time this evening. Motion declared carried.
CHANGES TO
FOI
PROCEDURES:
LIQ. LIC.
1000 PRAIRIE:
PROPOSAL/
LEAD AND
COPPER
STUDY:
1 34.
3/21/94
PAGE FIVE
Moved by Kisslinger, seconded by Chiropolos, to table the
matter of the proposed changes to the City's Freedom of
Information (FOI) procedures. Upon roll call, the vote
was:
AYES: 6-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Chiropolos
NAYS: 2-Sarlo, Haupt
ABSENT: 0-None
Motion declared carried.
Moved by Christiansen, seconded by Elstner, to take from
the table the proposed changes to City's Freedom of
Information (FOI) procedures to permit public comment on
this matter.
Five residents addressed the City Council and spoke
against any increase in the present $.05 per page copy
charge.
Moved by Beauvais, seconded by Sarlo, to recommend to the
City Council that the City's procedures for handling
requests under the Freedom of Information Act (FOI) be
change to reflect a flat fee of $100 to any individual
or company who, in the determination of the City
Attorney, is making the request in furtherance of a
commercial purpose, but further recommend that the
present $. 05 per page copy charge remain the same.
Motion declared carried. Aldermen Curley and Chiropolos
voted no.
Petitioner Michael J. Baumhart and petitioner's attorney,
Dan Dowd, were sworn in by the City Clerk and gave
testimony before the City Council.
Twenty-three persons addressed the City Council.
Fourteen persons spoke in support of the liquor license
application for 1000 Prairie Avenue and nine persons
spoke against the application.
Moved by Elstner, seconded by Beauvais, that the
application for a Class A Liquor License for property
located at 1000 Prairie Avenue, d/b/a Boomer's Tap, be
tabled until the next meeting of the City Council on
Monday, April 4, 1994, in order for the petitioner to
meet with the neighbors to work out a solution to the
objections raised against this application (meeting to
be held Wednesday, March 30, 1994 in Room 102 of City
Hall). Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Elstner, Curley,
Sarlo, Chiropolos
NAYS: 2-Kisslinger, Haupt
ABSENT: 0-None
Motion declared carried.
Mayor Sherwood assumed the chair, and declared the City
Council back in session.
Moved by Curley, seconded by Sarlo, to concur with
recommendation of the Committee of the Whole to accept
proposal from RUST Environment & Infrastructure, 1501
Woodfield Road, Suite 200 East, Schaumburg, IL 60173, to
conduct Lead and Copper Corrosion Control Study for a
not-to-exceed cost of $7,500. 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.
COMPLIANCE
CITATIONS:
Ordinance
M-34-94
RESOLUTION
R-18-94
WARRANT
REGISTER:
ADVERTISING
FOR BIDS:
CENT EL
RATE
INCREASE:
MANDATE RE
CLEAN AIR
ACT:
EXECUTIVE
SESSION:
1 35.
3/21/94
PAGE SIX
Moved by Kisslinger, seconded by Christiansen, to concur
with recommendation of Committee of the Whole that Police
Department be authorized to issue tickets for non-moving
violations on "C" tickets (City ordinance) , resulting in
total fines being paid directly to the City and not have
to go through the Cook County Clerk's Office; and further
recommend to advance to Second Reading and adopt
Ordinance M-34-94 I AN ORDINANCE AMENDING TITLE VI "POLICE
REGULATIONS" OF THE CITY CODE OF DES PLAINES, TO ADD A
NEW CHAPTER 17 "COMPLIANCE CITATIONS." 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 Haupt, seconded by Chiropolos, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-18-94, 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:
$1,349,780.59. 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 City Clerk's Office will be advertising for bids for
1994 Street Resurfacing Program, returnable by 10: 00
a.m., Wednesday, April 13, 1994.
The City Clerk's Office will be advertising for bids for
1994 Sidewalk Ramp Program, returnable by 10:15 a.m.,
Wednesday, April 13, 1994.
Moved by Sarlo, seconded by Curley, to suspend the rules
to permit public comment on Sprint/Centel' s proposed rate
increase. Motion declared carried.
Vernon and Sharon Lamp, 735 Prospect Avenue, addressed
the City Council and spoke in strong opposition of the
proposed rate increase and how it will affect their
business.
Bill Hart, Public Relations Manager for Sprint/Centel
addressed the City Council to clarify the reasons for the
proposed rate increase and how it will affect residents
and businesses.
Following discussion, it was the feeling of the City
Council that the Illinois Commerce Commission is the
appropriate agency to hear Mr. and Mrs. Lamp's
compliants.
At the request of Alderman Haupt, a resolution will be
prepared for consideration at the next City Council
meeting urging repeal of Employee Communi te Options
Mandate within the 1990 Federal Clean Air Act.
Moved by Kisslinger, seconded by Chiropolos, to go into
Executive Session to discuss pending litigation. 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.
Council recessed at 10:54 p.m.
Council reconvened at 11:20 p.m.
EXECUTIVE
SESSION
(Cont'd.)
LEGAL
COUNSEL/
PENDING
LITIGATION:
ADJOURNMENT:
1 36.
PAGE SEVEN
Roll call indicated the
Beauvais, Christiansen,
Sarlo, Chiropolos, Haupt.
following aldermen
Elstner, Kisslinger,
3/21/94
present:
Curley,
Moved by Kisslinger, seconded by Haupt, that City be
authorized to retain legal counsel regarding pending
litigation 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 Sarlo, seconded by Curley, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 11:22 p.m.
( ') '\ ~ ' ) 'k --~~
Donna McAllister, CMC/AAE CITY CLERK
APPROVED BY ME THIS s:=
_ DAY OF Ciirf'~ Q , , 1994
?~
Ted Sherwood, MAYOR --------------._,