0718941 9 1 •
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, JULY
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 7:05 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, July 18, 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, Human Resources and Services Department
Director Merriman, Public Safety Communications Coordinator Ornberg, and
City Attorney Wiltse.
PRAYER AND
PLEDGE:
LETTER OF
APPRECIATION:
PLAQUE OF
APPRECIATION:
PUBLIC
HEARING/
CDBG BUDGET:
CALL TO
ORDER:
DISCUSSION:
PUBLIC
HEARING/
SPEC. SVS.
AREA #3:
CALL TO
ORDER:
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Mayor Sherwood presented a Letter of Appreciation to the
members of the Des Plaines Area Jaycees and in particular
to Thom and Mara Kime, Co-Chairmen of the 1994 July 4th
Celebration, for their hardwork and dedication in making
this special event such an outstanding success.
Mayor Sherwood presented a Plaque of Appreciation to a
representative of Barnaby's Restaurant to acknowledge the
continued dedication of Barnaby's owner, Dale Kendrick
and his staff, to the community of Des Plaines and their
never-ending willingness to help those in times of need.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL
CHAMBERS, DES PLAINES CIVIC CENTER,
MONDAY, JULY 18, 1994
Mayor Sherwood called the Public Hearing to order at 7:16
p.m. The Public Hearing was held pursuant to legal
notice regarding Proposed Statement of Community
Development Objectives and Use of $355,000 for Program
Year 1994 (September 30, 1994 -September 29, 1995), plus
program income, if any, from Community Development Block
Grant (CDBG) Funds, under Title I of the Housing and
Community Development Act of 1974, as amended.
City's Development Specialist, Cindy Mccammack, gave a
breakdown of these funds and how they will address the
needs within our community.
There was no public comment and no written comment had
been received by the City Clerk prior to the Public
Hearing.
The Public Hearing adjourned at 7:22 p.m.
The City Council reconvened at 7:23 p.m.
MINUTES OF PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL
CHAMBERS, DES PLAINES CIVIC CENTER,
MONDAY, JULY 18, 1994
Mayor Sherwood called the Public Hearing to order at 7:24
p.m. The Public Hearing was held pursuant to legal
notice to consider a proposal to establish Special
Service Area Number Three, being a contiguous area , ~
SPEC. SVS.
AREA #3
(Con't.d)
DISCUSSION:
CONSENT
AGENDA:
MINUTES:
consent
Agenda
SATELLITE
ANTENNA
VARIATION/
279 ANDERSON
TERRACE:
consent
Agenda
ZONING CASE
94-24-V
290
SHANNON CT • :
Consent
Agenda
BID AWARD/
DOOR
CLOSURES,
LOCK &
LEVERS:
Consent
Agenda
1 92.
7/18/94
PAGE TWO
within the City, at 159-177 Village Court and 130-180,
Units A through I, Northwest Highway.
City Engineer Oakley gave an overview of the proposed
reconstruction and improvement of the development's
parking lot, funding of the residents' share of the costs
related thereto, and the City's reconstruction of the
public alley located in the proposed Special Service Area
Number Three.
There was no public comment and no written comment had
been received by the City Clerk prior to the Public
Hearing.
The Public Hearing adjourned at 7:25 p.m.
The City Council reconvened at 7:26 p.m.
Moved by Sar lo,
Consent Agenda.
seconded by Beauvais, to establish a
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 minutes are approved. The Staff recommendations and
requests are approved and Ordinances M-42-94, M-50-94,
M-51-94, M-52-94, and M-53-94 are adopted.
Moved by Sarlo, seconded by Chiropolos, to approve
minutes of regular meeting of the City Council held July
5, 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
July 5, 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 July 5, 1994,
to deny request for variation to permit installation of
Satellite Dish Antenna in side yard approximately one
foot from the house at a height of 22' plus 3 1/2' for
the dish (21' is the maximum permitted), on property
located at 279 Anderson Terrace. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
Staff recommendation re Zoning Case 94-24-V to grant
request for variation to permit construction of room
addition which will result in a lot coverage of 32.6%,
instead of the maximum allowable lot coverage of 30% on
property located at 290 Shannon Court. Motion declared
carried as approved unanimously under Consent Agenda
(ordinance will appear on First Reading under Consent
Agenda on August 1, 1994).
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation and award bid for ADA Compliant Door
Closures, and furnishing and installation of ADA Locks
and Levers, to the only bidder, Anderson Lock Company,
1801 Oakton Street, Des Plaines, IL, in the amount of:
Furnishing of Door Closures -$10,594, Furnishing and
Installation of Door Locks and Levers -$31,065.05, for
a total amount of $41,659.05. Motion declared carried
as approved unanimously under Consent Agenda.
ORDINANCE
M-42-94
SPEC. SVS.
AREA #3/
CUMBERLAND
TOWNHOUSES:
consent
Agenda
ORDINANCE
M-50-94
B.O.C.A.
CODE:
consent
Agenda
ORDINANCE
M-51-94
LONGEVITY
PAY:
Consent
Agenda
ORDINANCE
M-52-94
POSITION OF
POLICE CHIEF:
consent
Agenda
ORDINANCE
M-53-94
CITY MGR.
SECRETARY:
consent
Agenda
DOGS ON
CITY
PROPERTY:
1 9 3 •
7/18/94
PAGE THREE
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance M-42-94, AN ORDINANCE PROPOSING THE
ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER THREE IN THE
CITY OF DES PLAINES, IL (CUMBERLAND TOWNHOUSE AREA).
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance M-50-94, AN ORDINANCE AMENDING TITLE IV
"BUILDING REGULATIONS" OF THE CITY CODE OF DES PLAINES
TO ADD THERETO A NEW CHAPTER 7 "BUILDING CODE." Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sarlo, seconded by Chiropolo, to adopt Ordinance
M-51-94, AN ORDINANCE AMENDING SECTIONS 1-15-4(A), 1-15-
5 (D) OF CHAPTER 15 "POSITION CLASSIFICATION AND
COMPENSATION PLAN" OF TITLE I OF THE CITY CODE OF DES
PLAINES TO ELIMINATE LONGEVITY PAY FOR CERTAIN NEW CITY
EMPLOYEES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance M-52-94, AN ORDINANCE AMENDING SCHEDULES II-A
AND IV OF SECTION 1-15-4 "CLASSIFICATION PLAN TO THE CITY
SERVICE" OF CHAPTER 15 "POSITION CLASSIFICATION AND
COMPENSATION PLAN, 11 TITLE I OF THE CITY CODE OF DES
PLAINES TO RECLASSIFY THE POSITION OF POLICE CHIEF .
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance M-53-94, AN ORDINANCE AMENDING SCHEDULE III-A
OF SECTION 1-15-4 "CLASSIFICATION PLAN TO THE CITY
SERVICE" OF CHAPTER 15 "POSITION CLASSIFICATION AND
COMPENSATION PLAN, 11 TITLE I OF THE CITY CODE OF DES
PLAINES TO ELIMINATE THE POSITION OF EXECUTIVE SECRETARY
TO CITY MANAGER. 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.
LEGAL & LICENSING Alderman Kisslinger, Chair
Resident Carl Gully, 1408 Wedgewood Avenue, addressed the
City Council on the proposed ordinance to prohibit dogs
in all City parks, leashed or unleased, and stated he
feels residents should be able to walk their dogs
wherever they want to.
Resident Dan Chervenak, 731 Kenmare Drive, addressed the
City Council, asking who is going to enforce this
ordinance.
Moved by Haupt, seconded by Chiropolos, to deny request
from Des Plaines Park District that the City prohibit
dogs in all City parks, leased or unleased, and reject
the proposed Ordinance M-54-94.
Moved by Kisslinger, seconded by Curley, that this matter
be tabled until the Administration has an opportunity to
meet with the Des Plaines Park District and discuss a
solution to this problem, and report back to the City
Council no later than August 15, 1994. Upon roll call,
the vote was:
DOGS IN
PARKS
(Cont'd.)
HANDICAPPED
PARKING
VIOLATIONS
FINE:
PATIO
VARIATION/
731 KENMARE:
WARRANT
REGISTER:
WOODLAND
TOWNHOMES
SUMP PUMP
DISCHARGES:
194 .
7/18/94
PAGE FOUR
AYES: 5-Beauvais, Christiansen, Kisslinger, Curley,
Sherwood
NAYS: 4-Elstner, Sarlo, Chiropolos, Haupt
ABSENT: 0-None
Motion declared carried.
Moved by Beauvais, seconded by Christiansen, to concur
with Staff recommendation and recommend to the City
Council that the fine for violations of handicapped
parking regulations be increased from $50 to $100 (the
maximum amount allowed under State law), and Ordinance
M-55-94 be adopted at appropriate time this evening.
Motion declared carried.
BUILDING CODE Alderman Christiansen, Chair
Petitioner Dan Chervenak addressed the City Council
regarding this matter.
Moved by Curley, seconded by Haupt, to concur with Staff
recommendation and recommend to the City Council to grant
variations for existing patio on property located at 731
Kenmare Drive, to permit the patio to extend 19' from
building foundation (code permits a maximum of 15'), and
to permit a 500 sq. ft. patio (code permits a maximum of
344 sq. ft.); all contingent upon payment of $500 fine
(for work done without a permit) within 30 days.
Resident Dick Reddington, 546 S. Fifth Court, addressed
the City Council and stated that inasmuch as the
contractor had agreed to obtain all necessary permits,
he should be prohibited from working in the City until
he pays the fine.
Motion declared carried.
FINANCE & ADMINISTRATION Alderman Haupt, Chair
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation and recommend to the City Council
approval of July 18, 1994 Warrant Register in the amount
of $2,090,109.81, and Resolution R-43-94 be adopted at
appropriate time this evening. Motion declared carried.
Mayor Sherwood assumed the chair, and declared the City
Council back in session.
Moved by Chiropolos, seconded by Sarlo, to concur with
recommendation of Committee of the Whole on July 12,
1994, re drainage problems related to the new locations
of sump pump discharges required by the ICAP mandate at
the Woodland Townhomes, 1560-1578 Woodland Avenue, to not
fund, fully or partially, the construction of a storm
sewer ranging in size from 611 to 8" which would connect
to the existing 1811 storm sewer within Woodland Avenue.
Motion declared carried. Aldermen Beauvais and
Kisslinger voted no.
Moved by Chiropolos, seconded by Curley, to concur with
recommendation of Committee of the Whole on July 12,
1994, that the Staff be authorized to begin the process
to establish a Special Service Area for the Woodland
Townhomes Area. Motion declared carried. Alderman
Sarlo voted no.
FUNDING OF
ICAP:
PRAIRIE-
FARMERS
CREEK PROJ. :
HANDICAPPED
PARKING
VIOLATIONS
FINE:
Ordinance
M-55-94
PATIO
VARIATION/
731 KENMARE:
RESOLUTION
R-43-94
WARRANT
REGISTER:
RESOLUTION
R-44-94
SPRINT-CENTEL
RATE
INCREASE:
195.
7/18/94
PAGE FIVE
Moved by Chiropolos, seconded by Sarlo, to concur with
recommendation of Committee of the Whole on July 12,
1994, to not fund, partially or fully, the corrective
work necessary to bring residents into compliance with
Inflow/Infiltration Corrective Action Program. Motion
declared carried. Aldermen Beauvais, Kisslinger, and
Haupt voted no.
Moved by Beauvais, seconded by Christiansen, to concur
with recommendation of Committee of the Whole on July 12,
1994, with respect to the Prairie-Farmers Creek Project,
that Alternative DPR 100YR-3FT, for the recommended river
backwater protection project, be approved and IDOT be so
notified for its necessary action; City's share of cost
would be approximately $492,000/Capital Improvements
Fund. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYES: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Kisslinger, seconded by Curley, to concur with
recommendation of Committee of the Whole that the fine
for violations of handicapped parking regulations be
increased from $50 to $100 (the maximum amount allowed
under State law), and further recommend to advance to
Second Reading and adopt Ordinance M-55-94, AN ORDINANCE
AMENDING SECTION 10-5-2 0 "VIOLATION FINE" AND SECTION 10-
5-2 8 "CODE VIOLATION FINES" OF CHAPTER 5, "STOPPING,
STANDING AND PARKING," TITLE X, AND SECTION 10-15-5
"PENALTY" OF CHAPTER 15 "HANDICAPPED AND RESTRICTED
PARKING PLACES, " TITLE X, OF THE CITY CODE OF DES PLAINES
TO IMPOSE A UNIFORM FINE FOR VIOLATION OF HANDICAPPED
PARKING PROVISIONS. 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 Christiansen, seconded by Elstner, to concur
with recommendation of Committee of the Whole to grant
variations for existing patio on property located at 731
Kenmare Drive, to permit the patio to extend 19' from
building foundation (code permits a maximum of 15'), and
to permit a 500 sq. ft. patio (code permits a maximum of
344 sq. ft.); all contingent upon payment of $500 fine
(for work done without a permit} within 30 days. Motion
declared carried.
Moved by Haupt, seconded by Beauvais, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-43-94, 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:
$2,090,109.81. 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 adopt Resolution
R-44-94, A RESOLUTION THAT THE CITY OF DES PLAINES
SUPPORT TO THE FULLEST EXTENT OF THE LAW THE EFFORTS OF
THE CITIZENS UTILITY BOARD TO OVERTURN THE DECISION OF
THE ILLINOIS COMMERCE COMMISSION IN THE CENTRAL TELEPHONE
COMPANY ( SPRINT-CENTEL} RATE INCREASE CASE. Motion
declared carried.
RESOLUTION
R-45-94
ALTERNATIVE
TO SPRINT-
CENTEL:
RELEASE OF
EXECUTIVE
SESSION
MINUTES:
ADJOURNMENT:
1 96.
7/18/94
PAGE SIX
Moved by Sarlo, seconded by Beauvais, to adopt Resolution
R-45-94, A RESOLUTION THAT THE CITY OF DES PLAINES TAKE
ANY AND ALL STEPS NECESSARY TO FOSTER THE EMERGENCE OF
A COMPETITIVE ALTERNATIVE TO CENTRAL TELEPHONE COMPANY
(SPRINT-CENTEL) IN THE PROVISION OF PHONE SERVICE TO THE
RESIDENTS AND BUSINESSES OF DES PLAINES.
Moved by Curley, seconded by Elstner, to suspend the
rules to permit public comment on this matter. Motion
declared carried.
Resident Carl Gulley, 1408 Wedgewood Avenue, addressed
the City Council and questioned the money that would be
needed to pursue this matter.
Resident Dick Reddington, 546 s. Fifth Avenue, addressed
the City Council and stated that there is a need for an
alternative telephone service.
Moved by Beauvais, seconded by Haupt, to amend the motion
to delete the words "to the fullest extent of the law"
from SECTION 1; delete the words "any and all" from the
heading of the resolution and from SECTION 1 and replace
with the word "appropriate."
Resident Sharon Lamp, 735 Prospect Avenue, addressed the
City Council and urged the adoption of the original
motion with no changes.
Motion declared carried on the motion to amend. Alderman
Chiropolos voted no.
Moved by Curley, seconded by Elstner, to adopt Resolution
R-45-94, as amended, A RESOLUTION THAT THE CITY OF DES
PLAINES TAKE APPROPRIATE STEPS NECESSARY TO FOSTER THE
EMERGENCE OF A COMPETITIVE ALTERNATIVE TO CENTRAL
TELEPHONE COMPANY (SPRINT-CENTEL) IN THE PROVISION OF
PHONE SERVICE TO THE RESIDENTS AND BUSINESSES OF DES
PLAINES. Motion declared carried. Alderman Chiropolos
voted no.
Moved Haupt, seconded by Sarlo, to concur with
recommendation of City Attorney that following the
mandated semi-annual review, the following executive
session minutes no longer require confidential treatment
and are available for public inspection:
August 20, 1990 release all previously unreleased
portions
April 5, 1993 release all previously unreleased
portions
May 3, 1993 release all previously unreleased
portions
Motion declared carried. The need for confidentiality
still exists as to all or part of remaining executive
session minutes.
Moved by Sarlo, seconded by Beauvais, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:33 p.m.
Cb
Donna McAllister, CMC/AAE -CITY CLERK
APPROVED BY ME THIS
DAY OF
Ted Sherwood, MAYOR