040494137.
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, APRIL
4, 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, April 4, 1994.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Elstner, Kisslinger, Curley, Sarlo,
Chiropolos, Haupt. Alderman Beauvais arrived at 7:50
p.m.
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, and City Attorney Wiltse.
PRAYER AND
PLEDGE:
CONSENT
AGENDA:
MINUTES:
consent
Agenda
CHANGES TO
FOI
PROCEDURES:
Resolution
R-19-94
The opening prayer was given by Paster David Jones, First
Presbyterian Church, followed by the Pledge of Allegiance
to the Flag.
Alderman Chiropolos requested that Items 4, 4a and 17 be
removed from the Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to establish a
Consent Agenda except for Items 4, 4a and 17. Motion
declared carried.
Moved by Sarlo seconded by Curley, to approve the Consent
Agenda. Upon roll call, the vote was:
AYES: 7-Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Beauvais
Motion declared carried.
The Staff recommendations and requests are approved;
Ordinances M-27-94, M-28-94, M-29-94, M-30-94, M-31-94,
M-32-94 and M-33-94 are adopted; and Ordinance M-35-94
is placed on First Reading.
Moved by Sarlo seconded by Curley, to approve minutes of
special meeting of the City Council held March 15, 1994,
as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sarlo, seconded by Curley, to approve minutes
of regular meeting of the City Council held March 21,
1994, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sarlo, seconded by Curley, to approve minutes
of Executive Session of the City Council held March 21,
1994. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Chiropolos, seconded by Sarlo, to concur with
recommendation of Committee of the Whole on March 21,
1994 re changes to City's Freedom of Information Act
(FOI) Procedures that a flat $100 fee be charged to any
individual or company who, in the determination of the
City Attorney, is making the request in furtherance of
a commercial purpose; that current $.05 per page copy
charge for documents remain the same; and further
recommend approval of Resolution R-19-94, A RESOLUTION
PROMULGATING AND AMENDING THE RULES AND REGULATIONS
ESTABLISHED BY THE CITY OF DES PLAINES PURSUANT TO THE
ILLINOIS FREEDOM OF INFORMATION ACT AND OTHER DOCUMENT
REQUESTS.
' -.
FOI
PROCEDURES
(Cont'd.)
GRANTING
EASEMENT TO
MWRD:
consent
Agent
Ordinance
M-35-94
LOCKE-LOGAN
RESUBDIV:
consent
Agenda
POLICE
AUCTION
PROCEEDS:
Consent
Agenda
BID/
SCUBA VEH.:
Consent
Agenda
APPOINTMENTS:
consent
Agenda
1 3 8.
4/4/94
PAGE TWO
Moved by Curley, seconded by Elstner, to suspend the
rules to permit public comment on this matter. Motion
declared carried.
Ms. Nikkie Skarbeck, 948 Greenview Avenue, addressed the
Council and asked for a clarification regarding the
denial of a request in furtherance of a commercial
purpose.
Ms. Cathy Juell, 292 N. Wolf Road, addressed the City
Council and asked if the written request requirement
could be eliminated from the procedures. City Attorney
Wiltse stated that it could not because it is a
requirement of the Freedom of Information Act itself.
Upon roll call on the original motion, 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, to concur with Staff
recommendation and grant request from Metropolitan Water
Reclamation District of Greater Chicago (MWRD) for
authorization to construct a "dropshaft" near the Des
Plaines River, in Spiegler's Park--a small grassy area
between Des Plaines-River Road and the river, south of
the Chicago & Northwestern Railroad tracks; grant a
perpetual easement to the MWRD for the improvement at
that location; and further recommend to place on First
Reading Ordinance M-35-94, AN ORDINANCE GRANTING A
PERPETUAL EASEMENT TO THE METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO TO CONSTRUCT, RECONSTRUCT,
REPAIR, MAINTAIN AND OPERATE THE DES PLAINES TUNNEL
SYSTEM, TUNNELS, SHAFTS, AND CONNECTING STRUCTURES,
FULLERTON AVENUE TO PRAIRIE AVENUE, TOGETHER WITH THE
APPURTENANCES THERETO. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Curley, to concur with Staff
recommendation and grant request to approve plat of
Locke-Logan Resubdivision, southwest corner of Bellaire
Avenue and Church Street, and Mayor and City Clerk be
authorized to execute same. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Curley, to concur with Staff
recommendation and grant request that proceeds from the
Police Department's 1994 Annual Auction, to be held May
21, 1994, be donated to Des Plaines Crimestoppers, Inc.
(annual request). Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sarlo, seconded by Curley, to concur with Staff
recommendation to reject all bids for one (1) new 1994
Ford E-350 Commercial Cutaway Chassis with American Cargo
12' Aluminum Body or equivalent (bid date was March 11,
1994), because the lowest responsible bidder cannot
supply the unit as specified for at least five (5)
months; and readvertise for the purchase of this vehicle
at a later date. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sarlo, seconded by Curley, that the City Council
consider the following Mayoral appointments with final
action being taken under Consent Agenda on April 18,
1994:
DES PLAINES CLEAN COMMUNITY/BEAUTIFICATION COMMISSION
Phyllis Allen
DES PLAINES ECONOMIC DEVELOPMENT COMMISSION
Oro James Le O'Carroll
,)'
APPOINTMENTS
(Cont'd.)
ORDINANCE
M-27-94
LIQ. LIC.
101 w.
OAKTON:
Consent
Agenda
ORDINANCE
M-28-94
SALE OF CITY
PROPERTY:
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
RESOLUTION
R-20-94
REPEAL OF
ECO MANDATE:
PAGE THREE
DES PLAINES ELECTRICAL COMMISSION
Tom L. Benge
139.
4/4/94
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sarlo, seconded by Curley, to adopt 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 (Sam's Club, 101 W. Oakton
Street). Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sarlo, seconded by Curley, to adopt 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 Curley, to adopt 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 Curley, to adopt 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 Curley, to adopt 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 Curley, to adopt Ordinance
M-32-94, AN ORDINANCE AMENDING SECTION 7-4-4 "FEES,
INSPECTION OF PLANS" 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 Curley, to adopt 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.
Moved by Chiropolos, seconded by Sarlo, to postpone
indefinitely Resolution R-20-94, A RESOLUTION OF THE CITY
OF DES PLAINES CALLING FOR THE REPEAL OF THE EMPLOYEE
COMMUTE OPTIONS MANDATE WITHIN THE CLEAN AIR ACT until
the City Council has the opportunity to thoroughly review
the Clean Air Act. Motion declared carried.
Mayor Sherwood declared that the City council was now
resolved into a Committee of the Whole.
WARRANT
REGISTER:
1993
SUPPLEMENTAL
APPROP. ORD. :
LIQ. LIC.
1000 PRAIRIE:
Tabled
Item
LIQ. LIC.
727 W. GOLF:
ZONING CASE
94-8-A
GUN SHOPS AS
SPEC. USE.:
140.
4/4/94
PAGE FOUR
FINANCE & ADMINISTRATION Alderman Haupt, Chair
Moved by Haupt, seconded by Chiropolos, to recommend to
the City Council approval of the April 4, 1994 Warrant
Register as amended to include legal bill from Odelson
& Sterk Ltd., 3318 w. 95th Street, Evergreen Park, IL
60642, in the amount of $92.37, for a total of
$1,473,409.46, and Resolution R-21-94 be adopted at
appropriate time this evening. Motion declared carried.
Mr. Jack Flynn, 1271 Fargo Avenue, addressed City Council
and questioned the overspending in many of the funds and
suggested a line item budget for better accountability.
Moved by Haupt, seconded by Sarlo, to concur with Staff
recommendation and recommend to the City Council approval
of supplemental appropriation of funds in the amount of
$1,097,625 for the fiscal year beginning January 1, 1993
and ending December 31, 1993, and Ordinance M-37-94 be
placed on First Reading at appropriate time this evening.
Motion declared carried.
LEGAL & LICENSING Alderman Kisslinger, Chair
Moved by Elstner, seconded by Christiansen, to take from
the table the application for Class A Liquor License for
property located at 1000 Prairie Avenue, d/b/a Boomer's
Tap (change of ownership). Motion declared carried.
Alderman Elstner gave a brief summary of the meeting,
held on March 30, 1994, with the petitioner and the
neighbors to work out a solution to the objections raised
against this application.
Ms. Nikkie Skarbeck, 948 Greenview Avenue, addressed the
City Council and stated that the meeting on March 30,
1994 should not have been a "closed" meeting, and asked
the City Council to go back to the old format for holding
committee meetings. Upon the advice of City Attorney
Wiltse, Mayor Sherwood ruled Ms. Skarbeck out of order.
Moved by Kisslinger, seconded by Elstner, to recommend
to the City Council approval of Class A Liquor License
for property located at 1000 Prairie Avenue, d/b/a
Boomer's Tap (change of ownership} . Motion declared
carried.
Petitioner Joseph Butera was sworn in by the City Clerk
and gave testimony before the City Council.
Moved by Kisslinger, seconded by Haupt, to recommend to
the City Council approval of Class B Liquor License for
property located at 727 W. Golf Road, d/b/a Butera Finer
Foods (change of ownership). Motion declared carried.
COMMUNITY DEVELOPMENT Alderman Sarlo, Chair
Mr. Wayne Bachar, 918 S. Golf Cul De Sac, addressed the
City Council and questioned whether this ordinance would
be in conflict with the State law.
Mr. Jerry DelGiudice, 600 Jill Court, addressed the city
Council and stated his concern that Des Plaines has the
largest liquor store in the world and liquor does more
harm than guns.
GUN SHOPS
{Cont'd.)
RESOLUTION
R-21-94
WARRANT
REGISTER:
1993
SUPPLEMENTAL
APPROP. ORD. :
Ordinance
M-37-94
ADVERTISING
FOR BIDS:
"COME MEET
YOUR
ALDERMAN"
NIGHT:
EAGLE SCOUT
PROJECT:
EXECUTIVE
SESSION:
1 4 1 •
4/4/94
PAGE FIVE
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council and stated that he felt the proposed ordinance
was a good compromise and commended the City Council for
their efforts.
Mr. Bill Klicka, 221 Bradley Court, addressed the City
Council questioning where the permitted zoning districts
for the gun shops are located.
Moved by Sarlo, seconded by Beauvais, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
recommend to the City Council approval of the proposed
text amendment to the Zoning Ordinance to permit gun
shops as a Special Use only in the C-2 General
Commercial, C-3 Regional Shopping, M-1 Restricted
Manufacturing and M-2 General Manufacturing zoning
districts, and as amended to include pneumatic tools.
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-21-94, 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:
$1,473,409.46. 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 Sarlo, to concur with
recommendation of Committee of the Whole to approve
supplemental appropriation of funds in the amount of
$1,097,625 for the fiscal year beginning January 1, 1993
and ending December 31, 1993, and further recommend to
place on First Reading Ordinance M-37-94, AN ORDINANCE
PROVIDING FOR THE SUPPLEMENTAL APPROPRIATION OF FUNDS FOR
THE CORPORATE PURPOSES OF THE CITY OF DES PLAINES FOR THE
FISCAL YEAR BEGINNING JANUARY 1, 1993 AND ENDING DECEMBER
31, 1993. Motion declared carried.
The City Clerk's Office will be advertising for bids for
repair of large capacity 10' x 12' Axle Load Scale,
returnable by 3:00 p.m., Wednesday, April 27, 1994.
At the request of Alderman Chiropolos, the City will host
a "Come Meet Your Alderman" night on the first Wednesday
of every month from 7 - 9 p.m., beginning May 4, 1994 in
Room 101.
Moved by Sarlo, seconded by Curley, to approve the
proposed Eagle Scout Project -"Inform the General Public
about 'Public Safety' --Promote Awareness in the
Community" to be conducted by Scout Kenneth G. Fredricks,
Troop #262 in cooperation with the Des Plaines Police and
Fire Departments. Motion declared carried.
Moved by Sarlo, seconded by Christiansen, 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 9:45 p.m.
EXEC. SESS.
(Cont'd.}
PENDING
LITIGATION:
ADJOURNMENT:
142.
4/4/94
PAGE SIX
Council reconvened at 10:00 p.m.
Roll call indicated the
Beauvais, Christiansen,
Sarlo, Chiropolos, Haupt.
following aldermen present:
Elstner, Kisslinger, Curley,
Moved by Kisslinger, seconded by Haupt, that City
Attorney be authorized to proceed with Worker's
Compensation law suit as directed in Executive Session.
Motion declared carried.
Moved by Sarlo, seconded by Curley, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:01 p.m.
\?1 -~ Donna McAllister, cMc/AAE -CITY CLERK