0907933 3 .
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, TUESDAY,
SEPTEMBER 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 7:01 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Tuesday, September 7, 1993.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Curley, Sarlo,
Chiropolos, Haupt. Alderman Kisslinger was absent.
Also present were: City Treasurer Fredricks, City Manager Douthwaite,
City Comptroller Peters, Police Chief Storm, Fire Chief Farinella, 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:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
ORDINANCE
M-20-93 &
M-39-93/SEWER
MAINTENANCE:
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Alderman Haupt requested that Item 3 be removed from the
Consent Agenda; Alderman Sarlo requested that Item 4 be
removed; and Alderman Christiansen requested that Items
7, 7a, 9, and 10 be removed.
Moved by Sarlo, seconded by Chiropolos, to establish a
Consent Agenda except for Items 3, 4, 7, 7a, 9, and 10.
Motion declared carried.
Moved by Chiropolos, seconded by Sarlo, 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-42-93 and M-43-93
are adopted; Ordinances M-44-93 and M-46-93 are Placed
on First Reading; and Resolutions R-51-93 and R-52-93 are
adopted.
Moved by Chiropolos, seconded by Sarlo, to approve
minutes of regular meeting of the City Council held
August 16, 1993, as published. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Chiropolos, seconded by Sarlo, to approve
minutes of Executive Session of the City Council held
August 16, 1993. 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 August 9,
1993, to not adopt proposed ordinances authorizing City
to assume responsibility for laterals from the
homeowner's property line to the sewer main and
authorizing user fee for the repairs of collapsed sewers
on City property; and Ordinance M-20-93 and Ordinance M-
39-93 be voided.
Moved by Christiansen, seconded by Haupt, that this
matter be tabled until the next Council meeting. Upon
roll call, the vote was:
AYES: 3-Christiansen, Elstner, Haupt
NAYS: 4-Beauvais, Curley, Sarlo, Chiropolos
ABSENT: 1-Kisslinger
Motion declared failed.
SEWER MAINT.
(Cont'd.)
BOCA CODE:
LIQ. LIC.
1575-77
ELLINWOOD:
Consent
Agenda:
ORDINANCE
M-44-93
1575-77
ELLINWOOD:
Consent
Agenda
MEMO. OF
UNDERSTAND./
COOK CTY.:
consent
Agenda
RESOLUTION
R-51-93
MEMO. OF
UNDERSTAND./
COOK CTY.:
Consent
Agenda
EMA
COORDINATOR:
consent
Agenda
34.
9/7/93
PAGE TWO
Moved by Christiansen, seconded by Elstner, to suspend
the rules to permit the public to address the Council on
this matter. Upon roll call, the vote was:
AYES: 4-Beauvais, Christiansen, Elstner, Haupt
NAYS: 3-Curley, Sarlo, Chiropolos
ABSENT: 1-Kisslinger
Motion declared carried.
Mr. Perry Variano, 700 Polynesian Drive, addressed the
Council to speak against the voiding of these ordinances.
Upon roll call on the original motion, the vote was:
AYES: 5-Beauvais, Elstner, Curley, Sarlo, Chiropolos
NAYS: 2-Christiansen, Haupt
ABSENT: 1-Kisslinger
Motion declared carried.
Moved by Christiansen, seconded by Sarlo, to concur with
recommendation of Committee of the Whole on August 9,
1993, that city adopt BOCA-1990 with the following
amendments: BOCA National Mechanical Code (1990), BOCA
Fire Prevention Code (1990), National Electric Code
(1993), CABO One-& Two-Family Dwelling Code (1992), Life
Safety Code (1991) and Illinois State Plumbing Code (1986
edition with 1990 supplement); Interim City Attorney be
authorized to prepare necessary ordinance; and further
recommend that when ordinance is ready for review,
individual meetings be held with all components of the
BOCA Code before final action is taken. Motion declared
carried.
Moved by Chiropolos, seconded by Sarlo, to concur with
recommendation of Committee of the Whole on August 16,
1993, to grant request for Class A Liquor License for
property located at 1575-77 Ellinwood Street, d/b/a
Oliveti's Italian Ristorante. 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 August 16,
1993, and place on First Reading Ordinance M-44-93 AN
ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS"
OF THE CITY CODE OF DES PLAINES, TO UPDATE THE NUMBER OF
LICENSES ISSUED (Oliveti's Italian Ristorante, 1575-77
Ellinwood). 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 August 16,
1993, to concur with recommendation of Northwest
Municipal Conference Board of Mayors that City enter into
Memorandum of Understanding with Cook County Department
of Health in joint investigation of suspected food borne
illness complaints within our jurisdiction. 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 August 16,
1993, and adopt Resolution R-51-93, A RESOLUTION
AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH THE COOK COUNTY DEPARTMENT OF HEALTH,
FOR JOINT INVESTIGATION OF INCIDENTS OF POSSIBLE FOOD
BORNE ILLNESS WITHIN THE CITY'S JURISDICTION. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Chiropolos, seconded by Sarlo, to concur with
Mayor Sherwood's recommendation to revise line-of-
authority and line-of-succession for Coordinator of Des
Plaines Emergency Services and Disaster Agency, and
rename to Emergency Management Agency. Motion declared
carried as approved unanimously under Consent Agenda.
~
ORDINANCE
M-46-93
EMA
COORDINATOR:
consent
Agenda
KIWANIS BIKE
PARADE:
consent
Agenda
RESOLUTION
R-52-93
KIWANIS BIKE
PARADE:
Consent
Agenda
DRIVEWAY &
PARKING PAD
VARIATION/
391 S. WOLF:
Consent
Agenda
FENCE
VARIATION/
2035 FARGO:
consent
Agenda
SIGNS/
KIWANIS
CRAFT FAIR:
consent
Agenda
ADVERTISING
FOR BIDS:
consent
Agenda
35 .
9/7/93
PAGE THREE
Moved by Chiropolos, seconded by Sarlo, to concur with
Mayor Sherwood's recommendation and place on First
Reading Ordinance M-46-93, AN ORDINANCE AMENDING CHAPTER
2 "EMERGENCY SERVICES AND DISASTER AGENCY," OF TITLE II,
OF THE CITY CODE OF DES PLAINES TO UPDATE THE CHAPTER IN
ITS ENTIRETY AND TO RENAME THE CHAPTER "EMERGENCY
MANAGEMENT AGENCY." Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Chiropolos, seconded by Sarlo, to concur with
recommendation of Alderman Beauvais to grant request from
Kiwanis Club of Des Plaines to hold a Public Safety Bike
Parade on Saturday, October 2, 1993, beginning at 10:30
a.m. from Maine West High School, proceeding down Howard
Street to the entrance of Lake Park at Koehler Drive.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Chiropolos, seconded by Sarlo, to concur with
recommendation of Alderman Beauvais to adopt Resolution
R-52-93, A RESOLUTION OF THE CITY OF DES PLAINES
AUTHORIZING A PUBLIC SAFETY BIKE PARADE, sponsored by the
Kiwanis Club of Des Plaines on Saturday, October 2, 1993.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Chiropolos, seconded by Sarlo, to concur with
Staff recommendation and grant request for Driveway
Variation to permit a 22' driveway at the property line
with driveway apron to 28', and approximately 11' 6" x
31 '-O" parking pad adjacent to existing garage, on
property located at 391 s. Wolf Road. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Chiropolos, seconded by Sarlo, to concur with
Staff recommendation and grant request for Fence
Variation to permit 6' high solid wood fence in a
required front yard on property located at 2035 E. Fargo
Avenue. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Chiropolos, seconded by Sarlo, to concur with
Staff recommendation and grant request from Kiwanis Club
of Des Plaines to allow them to place signs on City
property at: southwest corner of Wolf Road and Oakton
Street; parkway on Wolf Road in front of Maine West High
School; northwest corner of Touhy Avenue and Wolf Road;
west side of Oakton Street, across from Maine West High
School and northwest corner of Lee and Oakton Streets;
to promote their annual Arts & Crafts Fair at Maine West
High School; signs to be erected at 6:00 a.m., Saturday,
November 6, 1993 and removed by 6:00 p.m., Sunday,
November 7, 1993. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Chiropolos, seconded by Sarlo, to concur with
Staff recommendation and authorize City Clerk to
advertise for bids for Fire Apparatus Intercom System
with Optional Two-Way Radio Access and Monitoring,
returnable by 3: 00 p.m., Friday, September 24, 1993.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Chiropolos, seconded by Sarlo, to concur with
Staff recommendation and authorize City Clerk to
advertise for bids for Pressure Washer, returnable by
3:00 p.m., Friday, September 24, 1993. Motion declared
carried as approved unanimously under Consent Agenda.
ADVERTISING
FOR BIDS
(Cont'd.)
APPOINTMENTS/
REAPPOINT.:
consent
Agenda
36.
9/7/93
PAGE FOUR
Moved by Chiropolos, seconded by Sarlo, to concur with
Staff recommendation and authorize City Clerk to
advertise for bids for 50/50 Sidewalk Replacement
Program, returnable by 10:00 a.m., Thursday, September
23, 1993. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Chiropolos, seconded by Sarlo, to concur with
Staff recommendation and authorize City Clerk to
advertise for bids for purchase of Sound Reinforcement
System for Council Chambers, returnable by 3:00 p.m.,
Thursday, October 14, 1993. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Chiropolos, seconded by Sarlo, to concur with
Mayor Sherwood's appointments/reappointments as follows:
ARCHITECTURAL COMMISSION -Reappointments
Mike Nichols, term to expire August 5, 1997
Donald Stolpa, term to expire August 5, 1997
William Muehlenbeck, term to expire August 5, 1997
CABLE COMMISSION -Reappointments
William Mitchell, term to expire April 30, 1996
Paul Giardini, term to expire April 30, 1996
CABLE COMMISSION -Appointments
Cathy Juell, term to expire April 30, 1996
Julie Koelig, term to expire April 30, 1994
CIVIL SERVICE COMMISSION -Reappointment
Frank Stryczek, term to expire April 30, 1996
CLEAN COMMUNITY/BEAUTIFICATION COMM. -Reappointments
Robert Phillips, term to expire January 1, 1994
Candice Messerschmidt, term to expire January 1, 1994
Michael Albers, term to expire January 1, 1996
Julie Weltzin, term to expire January 1, 1994
Deborah Doyle, term to expire January 1, 1994
Nancy Wilson, term to expire January 1, 1996
Richard Wilson, term to expire January 1, 1994
Larry Golberg, term to expire January 1, 1995
CONSUMER PROTECTION COMMISSION -Reappointment
Rosemary Borgardt, term to expire April 30, 1997
ECONOMIC DEVELOPMENT COMMISSION -Appointment
James J. Carroll, term to expire April 30, 1995
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Chiropolos, seconded by Sarlo, that the City
Council consider the following Mayoral appointments/
reappointments with final action being taken under
Consent Agenda on September 20, 1993:
BOARD OF FIRE AND POLICE COMMISSIONERS -Reappointment
Herman Herzog
COMMUNITY HEALTH ADVISORY COMMISSION -Appointment
Joanne J. Ward
ECONOMIC DEVELOPMENT COMMISSION -Appointment
Mary L. Howard
ELECTRICAL COMMISSION -Reappointments
David Braun
Michael Hardiman
Richard Rassman
Thomas Schiro
YOUTH COMMISSION -Appointment
Susan L. Pekoe
YOUTH COMMISSION -Reappointments
Carol Langan
Larry Zumbrock
DEPARTMENT HEADS -Reappointments
City Engineer Tim Oakley
City Comptroller Greg Peters
Director of Human Resources & Services Arlene Panouses
Police Chief John Storm
Motion declared carried as approved unanimously under
Consent Agenda.
,--
ORDINANCE
M-42-93
POSITION
RECLASS.:
Consent
Agenda
ORDINANCE
M-43-93
ILL. BELL
AGREEMENT:
consent
Agenda
WARRANT
REGISTER:
ORDINANCE
M-45-93
BALANCED
BUDGET:
LIQ. LIC.
191 S. RIVER:
ZONING CASE
93-32-A
TEXT AMEND./
SHOOT. RANGE
& RETAIL:
3 7.
9/7/93
PAGE FIVE
Moved by Chiropolos, seconded by Sarlo, to adopt
Ordinance M-42-93, AN ORDINANCE AMENDING SCHEDULE III,
SECTION 1-15-4 (A) I OF CHAPTER 15 I TITLE I I "POSITION
CLASSIFICATION AND COMPENSATION PLAN," OF THE CITY CODE
OF DES PLAINES, TO DELETE THE POSITION OF "PRINCIPAL
CLERK, " AND ADD THE NEW POSITIONS OF "BENEFITS
COORDINATOR" (WITH SALARY RANGE), "CONSUMER PROTECTION
CLERK" (WITH SALARY RANGE), "EXECUTIVE SECRETARY/CITY
MANAGER" (WITH SALARY RANGE), AND "EXECUTIVE
SECRETARY/DEPUTY CITY CLERK" (NAME CHANGE ONLY), AND
FURTHER AMENDING SCHEDULE V TO REFLECT A CHANGE IN SALARY
RANGE FOR THE POSITION OF "PUBLIC RELATIONS TECHNICIAN."
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Chiropolos, seconded by Sarlo, to adopt
Ordinance M-43-93, AN ORDINANCE AUTHORIZING AN AGREEMENT
WITH ILLINOIS BELL TELEPHONE COMPANY, FOR USE OF THE
PUBLIC WAY. 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.
FINANCE & ADMINISTRATION Alderman Haupt -Chair
Moved by Haupt, seconded by Sarlo, to recommend to the
City Council approval of the September 7, 1993 Warrant
Register in the amount of $2,389,239.25, and Resolution
R-53-93 be adopted at appropriate time this evening.
Motion declared carried.
Moved by Haupt, seconded by Sarlo, to concur with the
recommendation of Mayor Sherwood and recommend to the
City Council approval of revisions to the City Code which
ensure that the City's General Fund Balance will not drop
below ten percent (10%) of the total budget expenditures
for any fiscal year, and Ordinance M-45-93 be placed on
First Reading at appropriate time this evening.
Alderman Haupt requested, for the record, that the budget
show both revenue and expense revenue, and that in the
event of an unforeseen catastrophe the City will not be
"hampered" by this ordinance; the City will keep going.
Motion declared carried.
LEGAL & LICENSING Alderman Haupt, Chair
Applicant Terrence Taraszka was sworn in by the City
Clerk and gave testimony before the City Council.
Moved by Haupt, seconded by Beauvais, to recommend to the
City Council approval of request for change of ownership
for Class A and Class J Liquor License for property
located at 191 S. River Road, d/b/a River Rand Bowl,
contingent upon verification of fingerprints. Motion
declared carried.
COMMUNITY DEVELOPMENT Alderman Sarlo, Chair
Moved by Christiansen, seconded by Elstner, to recommend
to the City Council approval of request for Text
Amendment to add a new Use Regulation -Archery and
firearms shooting ranges and target areas for sports,
safety and marksmanship including retail use as a Special
ZONING CASE
93-32-A
(Cont'd.)
ZONING CASE
93-33-SU
SHOOT. RANGE
& RETAIL/
1226 RAND:
LIQ. LIC.
191 S. RIVER:
ORDINANCE
M-45-93
BALANCED
BUDGET:
ORDINANCE
Z-12-93
TEXT AMEND./
SHOOT. RANGE
& RETAIL:
ORDINANCE
Z-13-93
SHOOT. RANGE
& RETAIL/
1226 RAND:
RESOLUTION
R-53-93
WARRANT
REGISTER:
38.
9/7/93
PAGE SIX
Use in M-1 Manufacturing District Regulations; and
Ordinance Z-12-93 be placed on First Reading at
appropriate time this evening.
Petitioners Barry and Claudia Levin, and their attorney,
James Valentino, addressed the Council regarding their
request.
Public comment followed with 20 people speaking in favor
of the Text Amendment/Special Use, four people spoke
against and two people asked questions for clarification.
Following discussion, motion declared carried. Alderman
Curley voted no.
Moved by Christiansen, seconded by Elstner, to recommend
to the City Council approval of request for Special Use
under proposed new Use Regulation to permit archery and
firearms shooting range and target area for sports,
safety and marksmanship including retail use on property
located at 1226 Rand Road in M-1 Manufacturing District,
and Ordinance Z-13-93 be placed on First Reading at
appropriate time this evening. Motion declared carried.
Aldermen Curley and Chiropolos voted no.
Mayor Sherwood assumed the chair, and declared the City
council back in session.
Moved by Haupt, seconded by Beauvais, to recommend to the
City Council approval of request for change of ownership
for Class A and Class J Liquor License for property
located at 191 s. River Road, d/b/a River Rand Bowl,
contingent upon verification of fingerprints. Motion
declared carried.
Placed on First Reading was Ordinance M-45-93, AN
ORDINANCE AMENDING SECTION 1-24-6(E) OF THE CITY CODE OF
DES PLAINES, PERTAINING TO THE DUTIES OF THE CITY
MANAGER, AND AMENDING SECTION 1-16-2 "APPROPRIATION
ORDINANCE."
Placed on First Reading was Ordinance Z-12-93, AN
ORDINANCE AMENDING ARTICLE 5, SECTION 5.1.2 "USE
REGULATIONS" OF THE CITY OF DES PLAINES ZONING ORDINANCE
BY ADDING THERETO SUBPARAGRAPH 5. 1. 2. 4 PROVIDING FOR
ARCHERY AND FIREARMS SHOOTING RANGES BY SPECIAL USE ONLY
(CASE NO. 93-32-A).
Placed on First Reading was Ordinance Z-13-93, AN
ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO
ARTICLE 5 OF THE CITY OF DES PLAINES ZONING ORDINANCE,
TO PERMIT THE OPERATION OF ARCHERY AND FIREARMS SHOOTING
RANGES AND TARGET AREAS FOR SPORTS, SAFETY AND
MARKSMANSHIP, INCLUDING RETAIL USE, AS A SPECIAL USE
ONLY, AT 1226 RAND ROAD (CASE NO. 93-33-SU).
Moved by Haupt, seconded by Sarlo, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-53-93, 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:
$2,389,239.25. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Curley,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Kisslinger
Motion declared carried.
ADVERTISING
FOR BIDS:
EXECUTIVE
SESSION:
PENDING
LITIGATION/
FOREIGN FIRE
INSURANCE
PROCEEDS:
ADJOURNMENT:
3 9.
9/7/93
PAGE SEVEN
The City Clerk's office will be advertising for bids for
removal and replacement of concrete driveway at Fire
Station #1, returnable by 3:00 p.m., Friday, September
24' 1993.
Moved by Curley, seconded by Sarlo, to go into Executive
Session to discuss employment of employee and pending
litigation. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Curley,
Sarlo, Chiropolos
NAYS: 0-None
ABSENT: 1-Kisslinger
Motion declared carried.
Council recess at 9:35 p.m.
Council reconvened at 10:05 p.m.
Roll call indicated the
Beauvais, Christiansen,
Chiropolos, Haupt.
following
Elstner,
aldermen
Curley,
present:
Sarlo,
Moved by Haupt, seconded by Chiropolos, that the City
appeal the Court's decision in Des Plaines Firemen's
Association and Donald Trost vs. Des Plaines law suit
having to do with disposition of premium proceeds of
foreign fire insurance companies. Upon roll call, the
vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Curley,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Kisslinger
Motion declared carried.
Moved by Christiansen, seconded by Beauvais, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 10:06 p.m.
Donna McAllister, CMC/AAE CITY CLERK