041894144.
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
18, 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 18, 1994.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Curley, Sarlo,
Chiropolos, Haupt. Alderman Kisslinger arrived at 7:14
p.m.
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, Sr. Civil Engineer
Kaszuba, Human Resources and Services Department Director Merriman, and
City Attorney Wiltse.
PRAYER AND
PLEDGE:
CONSENT
AGENDA:
MINUTES:
consent
Aqenda
KEEP D.P.
BEAUTIFUL/
CLEAN COMM.
COMMISSION:
consent
Aqenda
ordinance
M-36-94
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Moved by Sarlo, seconded by Chiropolos, to establish a
Consent Agenda. Motion declared carried.
Moved by Curley, seconded by Chiropolos, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Elstner,
Curley, Sarlo, Chiropolos , Haupt
NAYS: 0-None
ABSENT: 1-Kisslinger
Motion declared carried.
The minutes are approved. The Staff recommendations and
requests are approved; Ordinances M-35-94 and M-37-94 are
adopted; and Ordinances M-36-94, M-38-94, M-39-94 and z-
4-94 are placed on First Reading.
Moved by Curley, seconded by Chiropolos, to approve
minutes of regular meeting of the City Council held April
4, 1994, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Curley, seconded by Chiropolos, to approve
minutes of Executive Session of the City Council held
April 4, 1994. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Curley, seconded by Chiropolos, to approve
minutes of regular meeting of the City Council held April
11, 1994, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Curley, seconded by Chiropolos, to approve
minutes of Executive Session of the City Council held
April 11, 1994. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Curley, seconded by Chiropolos, to concur with
recommendation of Committee of the Whole on March 21,
1994 re consolidation of Keep Des Plaines Beautiful, Inc.
and Clean Community/Beautification Commission, bringing
the two organizations under the official arm of the City,
with their budgets merged with the City's budget; and
further recommend to place on First Reading Ordinance M-
36-94, AN ORDINANCE AMENDING TITLE II OF THE CITY CODE
OF DES PLAINES TO ADD THERETO A NEW CHAPTER 7 ENTITLED
"KEEP DES PLAINES BEAUTIFUL COMMISSION." Motion declared
carried as approved unanimously under Consent Agenda.
LIQ. LIC.
1000 PRAIRIE:
Consent
Agent
LIQ. LIC.
727 W. GOLF:
consent
Agenda
ZONING CASE
94-8-A
GUN SHOPS AS
SPEC. USE.:
consent
Agenda
Ordinance
Z-4-94
SALE OF CITY
PROPERTY:
consent
Agenda
Ordinance
M-38-94
PUBLIC IMPRV.
800 S. D.P.-
RIVER RD.:
Consent
Agenda
PUBLIC IMPRV.
800 E.
OAKTON:
Consent
Agenda
APPOINTMENTS:
Consent
Agenda
1 45.
4/18/94
PAGE TWO
Moved by Curley, seconded by Chiropolos, to concur with
recommendation of Committee of the Whole on April 4,
1994, and grant request for Class A Liquor License for
property located at 1000 Prairie Avenue, d/b/a Boomer's
Tap, contingent upon verification of fingerprints (change
of ownership). Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Curley, seconded by Chiropolos, to concur with
recommendation of Committee of the Whole on April 4, 1994
and grant request for Class B Liquor License for property
located at 727 W. Golf Road, d/b/a Butera Finer Foods,
contingent upon verification of fingerprints (change of
ownership). Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Curley, seconded by Chiropolos, to concur with
recommendation of Committee of the Whole on April 4, 1994
re Zoning Case 94-8-A to approve Text Amendment to permit
gun shops as a Special Use only in C-2 General
Commercial, C-3 Regional Shopping, M-1 Restricted
Manufacturing and M-2 General Manufacturing zoning
districts; and further recommend to place on First
Reading Ordinance Z-4-94, AN ORDINANCE AMENDING SECTION
1. 2 OF ARTICLE 1 "RULES AND DEFINITIONS, " SECTIONS
4 .1. 2. 21, 4. 2. 2. 54 AND 4. 4 .1. 36 OF ARTICLE 4 "COMMERCIAL
DISTRICT REGULATIONS, 11 OF THE ZONING ORDINANCE, TO PERMIT
GUN SHOPS AS A 11 SPECIAL USE ONLY. 11 Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Curley, seconded by Chiropolos, to concur with
Staff recommendation that City be authorized to sell by
auction through the Northwest Municipal Conference two
( 2) used vehicles and one ( 1) used dump trailer; and
further recommend to place on First Reading Ordinance M-
38-94, 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.
Moved by Curley, seconded by Chiropolos, to concur with
Staff recommendation to accept approximately 85% of
public improvements for The Heritage of Des Plaines PUD,
800 s. Des Plaines-River Road, which include all
improvements except for street lighting, pavement marking
and other miscellaneous street and parkway improvements;
and surety be reduced by $207,683.61, leaving a balance
of $84,099.12 (cash warranty and guarantee will be held
until all improvements are completed and accepted).
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Curley, seconded by Chiropolos, to concur with
Staff recommendation to accept 81% of public improvements
for Fairmont Place Townhomes, 800 E. Oakton Street, which
include streets, water mains, sanitary sewer, storm sewer
and earth work; and surety be reduced by $426,676.47,
leaving a balance of $98,835.88 (cash warranty and
guarantee will be held until all improvements are
completed and accepted) . Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Curley, seconded by Chiropolos, to concur with
Mayor Sherwood's appointments as follows:
DES PLAINES CLEAN COMMUNITY/BEAUTIFICATION COMMISSION
Phyllis Allen, term to expire January 1, 1995
DES PLAINES ECONOMIC DEVELOPMENT COMMISSION
Dr. James L. O'Carroll, term to expire April 30, 1998
DES PLAINES ELECTRICAL COMMISSION
Tom L. Benge, term to expire April 1, 1995
Motion declared carried as approved unanimously under
Consent Agenda.
ORDINANCE
M-39-94
TITLE CHG./
"BUILDING
OFFICIAL":
Consent
Agenda
ORDINANCE
M-35-94
GRANT EASEMT.
TO MWRD:
consent
Agenda
ORDINANCE
M-37-94
SUPPLEMENTAL
APPROPRIA.
TO FUNDS:
consent
Agenda
1994 STREET
RESURFACING
PROGRAM:
146.
4/18/94
PAGE THREE
Moved by Curley, seconded by Chiropolos, to concur with
Staff recommendation and place on First Reading Ordinance
M-39-94, AN ORDINANCE AMENDING SECTIONS 1-23-l{A) AND 1-
23-3, OF TITLE I, CHAPTER 23 "DEPARTMENT OF COMMUNITY
DEVELOPMENT," OF THE CITY CODE OF DES PLAINES TO DELETE
THEREFROM ANY REFERENCE TO THE POSITION AND DUTIES OF
"DEPUTY DIRECTOR OF THE DIVISION OF BUILDING AND CODE
ENFORCEMENT. " AND TO ADD THERETO REFERENCE TO THE POSTION
AND DUTIES OF "BUILDING OFFICIAL OF THE DIVISION OF
BUILDING AND CODE ENFORCEMENT." Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Curley, seconded by Chiropolos, to adopt
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 Curley, seconded by Chiropolos, to adopt
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 as approved unanimously under
Consent Agenda.
Mayor Sherwood declared that the City council was now
resolved into a Committee of the Whole.
ENGINEERING Alderman Chiropolos, Chair
Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the
City Council and stated that the City needs a street
maintenance program and that he has been asking for this
since 1989.
Mr. Wayne Serbin, 835 Pearson Street, addressed the City
Council and stated that the City should "stick" to the
present street resurfacing program and review it every
year.
Resident at 1415 Phoenix Drive, addressed the
Council and stated that her street has not
resurfaced in 25 years and it is badly needed.
City
been
Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City
Council and questioned the spending practice of the City.
Resident at 1385 Phoenix Drive, addressed the City
Council and stated that her yard is full of tar chips
from the street; street needs to be resurfaced.
Moved by Chirpolos, seconded by Curley, to concur with
Staff recommendation and award contract for 1994 Street
Resurfacing Program to the lowest bidder, J. A. Johnson
Paving Company, 1025 E. Addison Court, Arlington Heights,
IL 60005, in the amount of $2,185,483.50 ($800,000 from
MFT Funds and $1, 385, 483. 50 from General Improvement
Fund/Home Rule Sales Tax). Motion declared carried.
Moved by Haupt to add Phoenix Drive to the list of
streets to be resurfaced in 1994 for an added estimated
cost of $118,000. Motion declared failed for lack of a
second.
STREET
RESURFACING
(Cont'd.)
1994
SIDEWALK
RAMP PROGRAM:
REVISED
STREET SCAPE
PLAN:
GAWRYLCZYK
SUBDIVISION/
2145 DOUGLAS:
1 4 7.
4/18/94
PAGE FOUR
Moved by Haupt, seconded by Christiansen, to offer a
Change Order to contract with J. A. Johnson Paving
Company to replace Kolpin Drive with Phoenix Drive for
street resurfacing in 1994 (Kolpin Drive to be resurfaced
in 1999) for an added estimated cost of $21,000 (funding
source to be determined). Motion declared carried.
Aldermen Kisslinger and Curley voted no.
Chairman Chiropolos announced that this matter is on hold
until the next meeting of the City Council on May 2,
1994.
COMMUNITY DEVELOPMENT Alderman Sarlo, Chair
EDC Commissioner Robert Bowman and EDC Executive Director
Jack Klaus gave a brief overview of the proposed
streetscape projects within the TIF district.
Moved by Chiropolos, seconded by Kisslinger, to concur
with Staff recommendation and accept proposal from Mr.
James c. Gamble (formerly with Teska & Associates who
prepared the schematic streetscape plan for the City in
1985), President of Land Design Collaborative, Inc., 1563
Sherman Avenue, Evanston, IL 60201, to provide
professional design services in preparation of design
documents for certain downtown streetscape and railroad
corridor landscape improvement projects, at a not-to-
exceed cost of $3,500 for Phase I and a not-to-exceed
cost of $9,500 for Phase II (all TIF funds). Motion
declared carried.
Petitioner Jerry Gawrylczyk and his attorney, Barry
Collins, addressed the City Council urging approval of
the Gawrylczyk Subdivision, 2145 Douglas Avenue and the
granting of a variation from the Standards for Subdivison
Engineering Plans pertaining to lot drainage and
construction of storm sewers .
Four residents of the area addressed the City Council and
spoke in support of the subdivision and the variation
request.
Moved by Curley to concur with recommendation of the Des
Plaines Plan Commission to approve plat of Gawrylczyk
Subdivision, 2145 Douglas Avenue, and Mayor and City
Clerk be authorized to execute same; and further
recommend to grant request for variation from the
Standards for Subdivision Engineering Plans pertaining
to lot drainage and construction of storm sewers. Motion
declared failed for lack of a second.
Moved by Chiropolos, seconded by Beauvais, to approve
plat of Gawrylczyk Subdivision, 2145 Douglas Avenue, and
Mayor and City Clerk be authorized to execute same.
Moved by Curley, seconded by Christiansen, to amend the
motion to add that the City fund the construction of the
offsite storm sewer necessitated by the inadequate depth
of existing storm sewer along Douglas Avenue at an
approximate cost of $11,500. Upon roll call, the vote
was:
AYES: 3-Christiansen, Kisslinger, Curley
NAYS: 5-Beauvais, Elstner, Sarlo, Chiropolos, Haupt
ABSENT: 0-None
Motion declared failed.
The motion to approve the Gawrylczyk Subdivision was
declared carried. Alderman Curley voted no.
... -
ZONING CASE
94-10-SU
795 GOLF:
JOINT FUNDING
GROUP HOME
LITIGATION:
WARRANT
REGISTER:
PROPOSED
EARLY
RETIREMENT
PROGRAM:
1994 STREET
RESURFACING
PROGRAM:
1 48.
4/18/94
PAGE FIVE
Subway Development of Chicagoland representative David
Grossman and property owner, George Knox, addressed the
City Council regarding this matter.
Moved by Beauvais, seconded by Chiropolos, to concur with
recommendation of Des Plaines Plan Commission and Zoning
Board of Appeals re Zoning Case 94-10-SU and grant
request for Special Use to allow conversion of existing
gasoline station to a combination Subway restaurant and
gasoline station in C-3 Regional Shopping District on
property located at 795 Golf Road. Motion declared
carried.
LEGAL & LICENSING Alderman Kisslinger, Chair
Moved by Haupt, seconded by Kisslinger, to concur with
Staff recommendation that City participate, in the amount
of $1,000, in the joint funding through the Northwest
Municipal Conference, to assist the Village of Palatine
in their appeal against the United States Department of
Justice's ruling that local zoning control over group
care homes is a violation of the Fair Housing Act.
Motion declared carried.
FINANCE & ADMINISRATION Alderman Haupt, Chair
Moved by Haupt, seconded by Sarlo, to concur with Staff
recommendation and recommend to the City Council approval
of April 18, 1994 Warrant Register in the amount of
$1, 058, 407. 96, and Resolution R-23-94 be adopted at
appropriate time this evening. Motion declared carried .
Moved by Chiropolos, seconded by Beauvais, to finalize
the proposed Early Retirement Program and Resolution R-
22-94 be adopted at appropriate time this eveninge
Motion declared carried.
Mayor Sherwood assumed the chair, and declared the City
Council back in session.
Moved by Chiropolos, seconded by Kisslinger, to concur
with recommendation of Committee of the Whole to award
contract for 1994 Street Resurfacing Program to the
lowest bidder, J. A. Johnson Paving Company, 102 5 E.
Addison Court, Arlington Heights, IL 60005, in the amount
of $2,185,483.50 ($800,000 from MFT Funds and
$1,385,483.50 from General Improvement Fund (Home Rule
Sales Tax). 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 Kisslinger, to offer a
Change Order to contract with J. A. Johnson Paving
Company to replace Kolpin Drive with Phoenix Drive for
street resurfacing in 1994 (Kolpin Drive to be resurfaced
in 1999) for an added estimated cost of $21,000 (funding
source to be determined). Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger,
Sarlo, Chiropolos, Haupt
NAYS: 1-Curley
ABSENT: 0-None
Motion declared carried.
REVISED
STREET SCAPE
PLAN:
GAWRYLCZYK
SUBDIVISION/
2145 DOUGLAS:
JOINT FUNDING
GROUP HOME
LITIGATION:
PROPOSED
EARLY
RETIREMENT
PROGRAM:
Resolution
R-22-94
RESOLUTION
R-23-94
WARRANT
REGISTER:
149.
4/la/94
PAGE SIX
Moved by Sarlo, seconded by Chiropolos, to concur with
recommendation of Committee of the Whole and accept
proposal from Mr. James c. Gamble (formerly with Teska
& Associates who prepared the schematic streetscape plan
for the City in 19a5), President of Land Design
Collaborative, Inc., 1563 Sherman Avenue, Evanston, IL
60201, to provide professional design services in
preparation of design documents for certain downtown
streetscape and railroad corridor landscape improvement
projects, at a not-to-exceed cost of $3,500 for Phase I
and a not-to-exceed cost of $9,500 for Phase II (all TIF
funds). 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 Sarlo, seconded by Chiropolos, to concur with
recommendation of Committee of the Whole to approve plat
of Gawrylczyk Subdivision, 2145 Douglas Avenue, and Mayor
and City Clerk be authorized to execute same. Motion
declared carried. Alderman Curley voted no.
Moved by Sarlo, seconded by Chiropolos, to deny request
for variation from the Standards for Subdivision
Engineering Plans pertaining to lot drainage and
construction of storm sewers for Gawrylczyk Subdivision,
2145 Douglas Avenue. Motion declared carried. Aldermen
Christiansen and Curley voted no.
Moved by Kisslinger, seconded by Haupt, to concur with
recommendation of Committee of the Whole that City
participate, in the amount of $1, O O O, in the joint
funding through the Northwest Municipal Conference to
assist the Village of Palatine in their appeal against
the United States Department of Justice's ruling that
local zoning control over group care homes is a violation
of the Fair Housing Act. 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 Haupt, seconded by Chiropolos, to concur with
recommendation of Committee of the Whole to finalize the
proposed Early Retirement Program and adopt Resolution
R-22-94, A RESOLUTION ADOPTING A PROPOSED EARLY
RETIREMENT INCENTIVE PROGRAM FOR THE CITY OF DES PLAINES
EMPLOYEES. 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 Haupt, seconded by Sarlo, to concur with
recommendation of Committee of the Whole to adopt
Rsolution R-23-94, 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:
$1,05a,407.96. 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.
SINGLE BID/
COMPUTER
EQUIPMENT:
ASSISTANT
CITY
ATTORNEY:
EXECUTIVE
SESSION:
PENDING
LITIGATION:
ADJOURNMENT:
1 so.
4/18/94
PAGE SEVEN
Moved by Sarlo, seconded by Chiropolos, that City Clerk
be authorized to open single bid received on March 31,
1994 for miscellaneous data-processing equipment. Motion
declared carried.
The City Clerk opened single bid received from L.
Petrovich, 5576 Santa Cruz, Hanover Park, IL 60103, in
the amount of $50.99 for six (6) NCR WorkSaver Processors
and Printers.
Moved by Christiansen, seconded by Sarlo, to award the
bid for six (6) NCR WorkSaver Processors and Printers to
L. Petrovich, 5576 Santa Cruz, Hanover Park, IL 60103,
in the amount of $50.99. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried5
All remaining data-processing equipment to be disposed
of by the City Manager in the most cost-effective and
efficient manner as provided for in Ordinance M-23-94.
Moved by Curley, seconded by Elstner, to concur with
Mayor Sherwood's appointment of Linda Connell as
Assistant City Attorney. Upon roll call, the vote was:
AYES: 5-Beauvais, Elstner, Kisslinger, Curley, Sherwood
NAYS: 4-Christiansen, Sarlo, Chiropolos, Haupt
Absent: 0-None
Motion declared carried.
Moved by Sarlo, seconded by Beauvais, to go into
Executive Session to discuss labor negotiations and
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 10:01 p.m.
Council reconvened at 10:53 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 retain
Mr. Patrick Lucansky, Kline, Thorpe & Jenkins, 180 N.
LaSalle Street, Chicago, IL 60601, at $130 per hour for
a total not-to-exceed fee of $650 to review Provenzano
v. City for possible future action by the City. 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 Curley, seconded by Sarlo, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:55 p.m.
1 5 1 •
4/18/94
PAGE EIGHT
Donna McAllister, CMC/AAE CITY CLERK
APPROVED BY ME THIS ~ ----DA~, 1994
~.-L ___
Ted Sherwood, MAYOR