060793359.
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, JUNE
7, 1993
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 8:01 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, June 7, 1993.
ROLL CALL: Roll call indicated the
Beauvais, Christiansen,
Sarlo, Chiropolos, Haupt.
following aldermen present:
Elstner, Kisslinger, Curley,
Also present were: City Treasurer Fredricks, City Manager Douthwaite,
City Comptroller Peters, Police Chief Storm, Fire Chief Clark, Public
Works Administrative Assistant Tozzo, Development Specialist D'Onofrio,
City Engineer Oakley, Human Resources and Services Department Director
Panouses, Public Safety Communications Coordinator Ornberg, and Interim
City Attorney Delort.
PRAYER AND
PLEDGE:
PRESENTATION:
CONSENT
AGENDA:
MINUTES:
consent
Agenda
CDBG FUNDING/
MERC:
consent
Agenda
The opening prayer was given by Father Paul Rosemeyer,
St. Mary's Church, followed by the Pledge of Allegiance
to the Flag.
Secretary of the Des Plaines Youth Commission Marlene
Pasdo presented certificates of appreciation and a U.S.
savings Bond, in accordance with the National Youth
Services Day Program, to the following Des Plaines
students: Beverly Krier, Maine West High School; Suja
Varghese, Maine East High School; Robyn Rabicke, Elk
Grove High School; Jennifer Capsuto, Friendship Junior
High School; Laura Clarey, Chippewa Junior High School;
Dana Piovosi, St. Zachary School; and John Boyer, St.
Mary's School ..
Alderman Christiansen requested that Items 6 and 8 be
removed from the Consent Agenda. Alderman Sarlo
requested that Item 9 be removed from the Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to establish a
Consent Agenda except for Items 6, 8 and 9. Motion
declared carried.
Moved by Sarlo seconded by Beauvais, 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 minutes are approved. The staff recommendations and
requests are approved. Ordinances T-1-93 and T-2-93 are
adopted; Ordinance M-25-93, M-26-93, M-27-93, M-29-93 and
Z-5-93 are placed on First Reading; and Resolution R-31-
93 is adopted.
Moved by Sarlo, seconded by Beauvais, to approve minutes
of regular meeting of the City Council held May 17, 1993,
as published. Motion declared carried.
Moved by Sarlo, seconded by Beauvais, to approve minutes
of Executive Session of the City Council held May 17,
1993. Motion declared carried.
Moved by Sar lo, seconded by Beauvais, to concur with
Staff recommendation that City enter into a contract with
Minority Economic Resource Corporation (MERC), 1565
Ellinwood Street, Des Plaines, to provide Housing
Counseling Services for the period of April 1, 1993 to
September 29, 1993, in the amount of $6,000, and Mayor
be authorized to execute necessary documents.
MERC
(Cont'd.)
TEMPORARY
PARKING
RESTRICTION/
LYMAN &
PRAIRIE:
Consent
Agenda
POLICE
AUCTION
PROCEEDS:
Consent
Agenda
ELEVATOR
VARIATION/
800 s.
RIVER RD.:
PARKING PAD
VARIATION/
1653 HOWARD:
consent
Agenda
SWIMMING
POOL
VARIATION/
379 DOVER:
PARKING PAD
VARIATION/
2068 s.
BIRCH ST.:
ZONING CASE
93-8-SU
600 E.
N. W. HWY.:
Consent
Agenda
ORDINANCE
T-1-93
SPEED
RESTRICTIONS/
WAY. PARK:
Consent
Agenda
360.
6/7/93
PAGE TWO
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 Beauvais, to grant request
from st. John the Baptist Greek orthodox Church for
temporary parking restriction on Lyman Avenue from
Dempster Street to Prairie Avenue and 250' east of Lyman
Avenue on Prairie Avenue for three-day festival, June 25-
27, 1993, and necessary signs and traffic control devices
be posted by Public Works Department. Motion declared
carried.
Moved by Sarlo, seconded by Beauvais, to concur with
Staff recommendation to grant request that proceeds from
the Police Department's 1993 Annual Auction, held on May
22, 1993, be donated to the Des Plaines Crime Stoppers,
Inc. Motion declared carried.
Moved by Christiansen, seconded by Elstner, to concur
with Staff recommendation to grant request for Elevator
Variation to permit change to ANSI A17-l-1984 re Section
204.2d Side Emergency Exits for property located at 800
s. River Road. 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 Beauvais, to concur with
Staff recommendation to grant request for Parking Pad
Variation for property located at 1653 Howard Avenue.
Motion declared carried.
Moved by Christiansen, seconded by Elstner, to concur
with Staff recommendation to grant request for Swimming
Pool Variation for property located at 379 Dover Drive.
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, to grant request for
Parking Pad Variation except for 10' x 22' pad on the
left side of the garage, for property located at 2068 s.
Birch Street. 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 Beauvais, to concur with
recommendation of Des Plaines Plan Commission and Zoning
Board of Appeals re Case 93-8-SU to permit Special Use
to allow operation of auto sales lot on property located
at 600 E. Northwest Highway, and Ordinance Z-5-93 be
placed on First Reading at appropriate item this evening.
Motion declared carried.
Moved by Sarlo, seconded by Beauvais, to adopt Ordinance
T-1-93, AN ORDINANCE AMENDING SECTION 10-6-16(D) OF THE
CITY CODE OF DES PLAINES, TO PROVIDE FOR SPEED
RESTRICTIONS ON STREETS LOCATED IN THE WAYCINDEN PARK
AREA. Upon roll call, the vote was:
-
ORDINANCE
T-1-93
(Cont'd.)
ORDINANCE
T-2-93
PROSPECT
AVENUE:
consent
Agenda
ORDINANCE
M-25-93
FIRE DEPT.
RULES & REG.
consent
Agenda
ORDINANCE
M-26-93
SUBDIV. OR
CONDO VIOLA.:
consent
Agenda
ORDINANCE
M-27-93
SUBDIV. APP.
PROCEDURE:
consent
Agenda
ORDINANCE
M-29-93
BASE FLOOD
ELEVATION:
consent
Agenda
ORDINANCE
Z-5-93
600 E. N.W.
HIGHWAY:
Consent
Agenda
RESOLUTION
R-31-93
IDOT AGREE. :
Consent
Agenda
ORDINANCE
Z-5-93
600 E. N.W.
HIGHWAY:
361.
6/7/93
PAGE THREE
AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Sarlo, seconded by Beauvais, to adopt Ordinance
T-2-93, AN ORDINANCE AMENDING SECTION 10-5-17, SCHEDULE
I, OF THE CITY CODE OF DES PLAINES TO ADD "PROSPECT
AVENUE, FROM WHITE STREET WEST TO PARK PROPERTY, SOUTH
SIDE OF STREET." 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 Beauvais, to place on First
Reading Ordinance M-25-93, AN ORDINANCE ADOPTING FIRE
DEPARTMENT RULES AND REGULATIONS FOR THE FIRE DEPARTMENT
EMPLOYEES OF THE CITY OF DES PLAINES. Motion declared
carried.
Moved by Sarlo, seconded by Beauvais, to place on First
Reading Ordinance M-26-93, AN ORDINANCE AMENDING SECTION
5-51-6 "SUBDIVISION OR CONDOMINIUM VIOLATIONS" OF THE
CITY CODE OF DES PLAINES. Motion declared carried.
Moved by Sarlo, seconded by Beauvais, to place on First
Reading Ordinance M-27-93, AN ORDINANCE AMENDING AND
RENUMBERING SECTION 9-12-2 "SUBDIVISION APPLICATION
PROCEDURE" AND SUBSECTION 9-12-2(B), OF THE CITY CODE OF
DES PLAINES, AND FURTHER RENUMBERING THE REMAINING
SECTIONS OF CHAPTER 12 "SUBDIVISION REGULATIONS, 11 OF
TITLE IX, ACCORDINGLY. Motion declared carried.
Moved by Sarlo, seconded by Beauvais, to place on First
Reading Ordinance M-29-93, AN ORDINANCE AMENDING SECTION
9-14-5 "BASE FLOOD ELEVATION" OF CHAPTER 14, TITLE IX,
OF THE CITY CODE OF DES PLAINES, TO ADD A NEW SUBSECTION
9-14-5(E). Motion declared carried.
Moved by Sarlo, seconded by Beauvais, to place on First
Reading Ordinance Z-5-93 I AN ORDINANCE GRANTING A SPECIAL
USE PERMIT PURSUANT TO ARTICLE 8 OF THE CITY OF DES
PLAINES ZONING ORDINANCE, TO PERMIT THE OPERATION OF AN
AUTO SALES LOT ON A 23,111 SQUARE FOOT LOT, TO BE LOCATED
IN C-2 GENERAL COMMERCIAL DISTRICT ON THE PROPERTY
COMMONLY KNOWN AS 600 EAST NORTHWEST HIGHWAY (CASE NO.
93-8-SU). Motion declared carried.
Moved by Sarlo, seconded by Beauvais, to adopt Resolution
R-31-93, A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE STATE OF ILLINOIS FOR MAINTENANCE OF
STATE HIGHWAYS WITHIN THE CITY OF DES PLAINES, FOR THE
PERIOD OF JULY 1, 1993 TO JUNE 30, 1994. 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 adopt
Ordinance Z-5-93, AN ORDINANCE GRANTING A SPECIAL USE
PERMIT PURSUANT TO ARTICLE 8 OF THE CITY OF DES PLAINES
ZONING ORDINANCE, TO PERMIT THE OPERATION OF AN AUTO
SALES LOT ON A 23,111 SQUARE FOOT LOT, TO BE LOCATED IN
C-2 GENERAL COMMERCIAL DISTRICT ON THE PROPERTY COMMONLY
ORDINANCE
Z-5-93
(Cont'd.)
ORDINANCE
M-8-93
REPAIR OF
UNSAFE
SIDEWALKS:
ORDINANCE
M-20-93
SEWER MAINT.:
ORDINANCE
M-24-93
NEW PROC. OF
CITY COUNCIL/
REVISED:
ORDINANCE
M-28-93
ASSISTANT
CITY
ATTORNEY/
REVISED
ORDINANCE
M-30-93
SALARY OF
ASSISTANT
CITY
ATTORNEY:
362.
6/7/93
PAGE FOUR
KNOWN AS 600 EAST NORTHWEST HIGHWAY (CASE NO. 93-8-SU).
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 refer
Ordinance M-8-93, AN ORDINANCE AMENDING SECTION 9-1-12
"REPAIR OF UNSAFE SIDEWALKS," OF CHAPTER 1, TITLE IX, OF
THE CITY CODE OF DES PLAINES AND DELETING SECTION 9-1-10
"SIDEWALK REPAIR; CITY ENGINEER NOTIFICATION" IN ITS
ENTIRETY, back to the Engineering Committee for further
review and report. Motion declared carried.
Moved by Chiropolos, seconded by Sarlo, to place
Ordinance M-20-93, AN ORDINANCE AMENDING SECTION 9-20-2
"HOMEOWNER SEWER MAINTENANCE RESPONSIBILITY" OF THE CITY
CODE OF DES PLAINES, on the Engineering Committee agenda
at the Committee of the Whole meeting on June 21, 1993.
Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, to concur with
recommendation of Committee of the Whole and waive First
Reading and place on passage Ordinance M-24-93. Motion
declared carried.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance M-24-93, AN ORDINANCE COMPREHENSIVELY REVISING
THE PROCEDURES OF THE DES PLAINES CITY COUNCIL BY
AMENDING SECTIONS 1-6-2, 1-6-4, 1-6-5, 1-6-9, 1-6-11, OF
CHAPTER 6 "COUNCIL," AND SUBSECTION 1-24-6(J) OF CHAPTER
24 "CITY MANAGER," OF TITLE I, OF THE CITY CODE OF DES
PLAINES, AND FURTHER AMENDING SECTION 5-34-24 OF CHAPTER
34 "INTOXICATING LIQUORS," TITLE V, TO CHANGE "LICENSE
AND JUDICIAL COMMITTEE" TO "LEGAL AND LICENSING
COMMITTEE." 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 Committee of the Whole and waive First
Reading and place on passage Ordinance M-28-93, as
revised. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos
NAYS: 1-Haupt
ABSENT: 0-None
Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance M-28-93, as revised, AN ORDINANCE AMENDING
CHAPTER 8 "COMPOSITION AND OBLIGATIONS OF LEGAL
DEPARTMENT, " OF TITLE I, OF THE CITY CODE OF DES PLAINES,
IN ITS ENTIRETY . Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos
NAYS: 1-Haupt
ABSENT: 0-None
Motion declared carried.
Moved by Kisslinger, seconded by Sarlo, to concur with
recommendation of Committee of the Whole and waive First
Reading and place on passage Ordinance M-30-93. Motion
declared carried.
Moved by Kisslinger, seconded by Sarlo, to adopt
Ordinance M-30-93, AN ORDINANCE AMENDING SECTION 1-15-
4 (A) , SCHEDULE IV "SUPERVISORY AND ADMINISTRATIVE GROUP" ~
ORDINANCE
M-30-93
(Cont'd.)
SANITARY
SEWER EXT./
FAIRMONT
GROUP:
BID/RIDER
FLOOR
SCRUBBER:
RESOLUTION
R-32-93
BILLS
PAYABLE:
EXECUTIVE
SESSION:
SWANCC:
363.
6/7/93
PAGE FIVE
OF CHAPTER 15, TITLE I, OF THE CITY CODE OF DES PLAINES,
ADDING THERETO THE POSITION OF "ASSISTANT CITY ATTORNEY."
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 Committee of the Whole to deny request
from Fairmont Group, Inc. , developer of a proposed
Planned Unit Development on property located at 800 E.
Oakton Street, for City to share in the cost of a
sanitary sewer extension (approximately $30,500) under
Oakton Street to serve the property. 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, to concur with
recommendation of Committee of the Whole that the bid for
one (1) new Self-Propelled Rider Floor Scrubber be
awarded to the lowest bidder, Am-Lin Products, Inc., 1199
N. Ellsworth Avenue, Villa Park, IL 60181, in the amount
of $20,870 including trade-in. 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 adopt the following
resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DES PLAINES THAT THE FOLLOWING BILLS AE DUE AND
PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE
HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$2,575,523.73. 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 go into
Executive Session to discuss pending litigation and labor
negotiations. 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 9:06 p.m.
Council reconvened at 9:37 p.m.
Roll call indicated the
Beauvais, Christiansen,
Sarlo, Chiropolos.
following aldermen
Elstner, Kisslinger,
present:
Curley,
Moved by Kisslinger, seconded by Curley, that the City
not appeal the SWANCC decision rendered by the Illinois
Pollution Control Board. 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.
VOSBURGH
VS. CITY:
LABOR
NEGOTIATOR/
AFSCME:
PARKING PAD/
1653 HOWARD:
RECONSIDER-
ATION
ADJOURNMENT:
PAGE SIX
Moved by Kiss linger, seconded by Haupt,
counsel be authorized to proceed with the
City law suit as directed by consensus
Session. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Elstner,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
364.
6/7/93
that defense
Vosburgh vs.
in Executive
Kisslinger,
Moved by Kisslinger, seconded by Chiropolos, that the
City retain the law firm of Vedder, Pr ice, Kaufman &
Kammholz, 222 N. LaSalle Street, Chicago, IL 60601, for
labor negotiation services with the AFSCME Union as
directed in their written proposal. 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 reconsider
vote taken earlier in the evening granting request for
Parking Pad Variation for property located at 1653 Howard
Avenue. Motion declared carried.
Ms. Bernadette Richardson, 1649 Howard Avenue, addressed
the Council and expressed her strong opposition, and that
of several neighbors, to the granting of this Parking Pad
Variation.
Moved by Sarlo, seconded by Christiansen, that this
matter be placed on the Building Code Committee agenda
at the Committee of the Whole meeting on June 21, 1993.
Motion declared carried.
Moved by Christiansen, seconded by Beauvais, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 9:45 p.m.
Donna McAllister, CMC/AAE CITY CLERK
APPROVED BY ME THIS
Ted Sherwood, MAYOR