Loading...
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