091994218.
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,
SEPTEMBER 19, 1994
CALL TO ORDER: The regular meeting of the City Council of the City of
Des Plaines, Illinois, was called to order by City Clerk
McAllister at 7:00 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, September 19, 1994.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Kisslinger, Curley,
Sarlo, Haupt. Alderman Chiropolos was absent.
Also present were: Acting City Manager/City Comptroller Peters, Police
Chief Sturlini, Fire Chief Farinella, Director of Public Works Shirley,
Community Development Director D'Onofrio, City Engineer Oakley, Public
Safety Communications Coordinator ornberg, Human Resources and Services
Department Director Merriman, and City Attorney Wiltse.
ELECTION OF
MAYOR PRO
TEM:
PRAYER AND
PLEDGE:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
ELIMINATING
LONGEVITY
PAY/NEW EMP.:
Ordinance
M-51-94
(amended)
TABLED ITEM
Moved by Sarlo, seconded by Haupt, to elect Alderman
Kisslinger as Mayor Pro Tern during the absence of Mayor
Sherwood. Motion declared carried.
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Resident Jim Brookman, 1867 Ash Street, requested that
Items 2 and 2a be removed from the Consent Agenda.
Moved by Sarlo, seconded by Curley, to
Consent Agenda except for Items 2 and
declared carried.
establish a
2a. Motion
Moved by Beauvais, seconded by Sarlo, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Haupt
NAYS: 0-None
ABSENT: 1-Chiropolos
Motion declared carried.
The minutes are approved. The Staff recommendations and
requests are approved; Ordinance M-60-94 was adopted;
Ordinances M-61-94, T-8-94 and Z-11-94 are placed on
First Reading and Resolution R-59-94 is adopted.
Moved by Beauvais, seconded by Sarlo, to approve minutes
of regular meeting of the City Council held September 6,
1994, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Resident and Fireman Jim Brookman, 1867 Ash Street,
addressed the City Council stating his objection to this
amendment to Ordinance M-51-94 and to the original M-51-
94 (adopted on July 18, 1994), because no discussion was
held with employees regarding this matter.
President Scott Williams, Des Plaines Fire Command
Officers Association, addressed the City Council
requesting that this matter be held until the City could
meet with the Association regarding this matter.
Moved by Christiansen, seconded by Elstner, to again
table the matter of amending Ordinance M-51-94, adopted
on July 18, 1994, re eliminating longevity pay for
certain new employees, to include omitted Articles III
and V from final description in Section 2 of the
ordinance, and the placing on First Reading of Ordinance
M-51-94 (as amended), 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
LONGEVITY PAY
(Cont'd.)
INTERMEDIATE
CLERK POSIT./
CITY CLERK'S
OFFICE:
consent
Agenda
MISC. WORD &
NUMBER CHGS./
BLDG. CODE
SECTION OF
CITY CODE:
consent
Agenda
Ordinance
M-61-94
ZONING CASE
94-34-SU
1684 OAKTON:
Consent
Agenda
Ordinance
Z-11-94
PUBLIC IMPR./
KOZIOL &
WEDGEWOOD/
850 E.
OAKTON:
Consent
Agenda
Resolution
R-59-94
USE OF CITY
PROPERTY/
OPTIMIST
CLUB:
consent
Agenda
219.
9/19/94
PAGE TWO
PLAINES TO ELIMINATE LONGEVITY PAY FOR CERTAIN NEW CITY
EMPLOYEES until the City Manager is available to meet
with all interested parties regarding this matter.
Motion declared carried (this matter is tentatively
scheduled to come before the City Council again on
October 17, 1994).
Moved by Beauvais, seconded by Sarlo, to concur with
recommendation of Committee of the Whole on September 6,
1994, to establish an Intermediate Clerk position to
assume the duties and responsibilities of the full-time
temporary clerical floater assigned to the City Clerk's
Office. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation to approve title change of Chapter
4 of City Code from "Building Code" to "Building Permits"
and other miscellaneous word and renumbering changes as
a result of the adoption of the 1990 BOCA Building Code
on July 18, 1994; and further recommend placing on First
Reading Ordinance M-61-94, AN ORDINANCE AMENDING CHAPTER
4, TITLE IV, OF THE CITY CODE OF DES PLAINES, TO CHANGE
THE TITLE OF SAID CHAPTER FROM "BUILDING CODE" TO
"BUILDING PERMITS," TO DELETE SECTIONS 4-4-1 "ADOPTION"
AND 4-4-2 "POWER LIMITED," AND TO UPDATE CERTAIN WORDAGE
AND RENUMBER SECTIONS OF SAID CHAPTER ACCORDINGLY.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to concur with
recommendation of Des Plaines Plan Commission, Zoning
Board of Appeals and Staff re Zoning Case 94-34-SU to
grant request for Special Use to permit installation of
a 1000 gallon above ground fuel storage tank on property
located at 1684 E. Oakton Street; and further recommend
to place on First Reading Ordinance Z-11-94, AN ORDINANCE
GRANTING A SPECIAL USE PERMIT PURSUANT TO ARTICLE 8 OF
THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE
INSTALLATION OF A 1000 GALLON, DOUBLE WALL, ABOVE-GROUND
DIESEL FUEL STORAGE TANK TO BE LOCATED IN C-2 GENERAL
COMMERCIAL DISTRICT ON THE PROPERTY COMMONLY KNOWN AS
1684 EAST OAKTON STREET (CASE NO. 94-34-SU). Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation to accept public improvements
including sanitary and storm sewers, storm detention
facilities, water mains, public streets, curbs, gutters,
and sidewalks for Koziol & Wedgewood Resubdivision
(a.k.a. Kensington Estates Subdivision), 850 E. Oakton
Street; refund cash guarantee in the amount of $1,650
(cash warranty of $10,320.34 will be held for 18 months);
and further recommend to adopt Resolution R-59-94, A
RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS IN THE
KOZIOL & WEDGEWOOD RESUBDIVISION ( 850 EAST OAKTON) .
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Beauvaise seconded by Sarlo, to concur with
Staff recommendation to grant request from Optimist Club
of Des Plaines to place a trailer on City's Parking Lot
#5 at River Road and Perry Street (old North School) for
their annual Christmas Tree Sales Project, November 19
to December 31, 1994; insurance and clean-up to be
provided by Optimist Club of Des Plaines; and all City
fees be waived (annual request). Motion declared carried
as approved unanimously under Consent Agenda.
ORDINANCE
T-8-94
PARKING DUR.
LEAF PICKUP
PROGRAM:
consent
Agenda
ORDINANCE
M-60-94
SALE OF
POLICE VEH:
Consent
Agenda
ZONING CASE
94-32-A
TEXT AMEND./
RECREATIONAL
FACILITIES
353 N. RIVER:
ZONING CASE
94-36-SU
1401 LEE ST.:
WATER & SEWER
SERVICE/
11601 w.
TOUHY AVE.:
PAGE THREE
220.
9/19/94
Moved by Beauvais, seconded by Sarlo, to place on First
Reading Ordinance T-8-94, AN ORDINANCE AMENDING CHAPTER
5 "STOPPING, STANDING, AND PARKING." TITLE X OF THE CITY
CODE OF DES PLAINES, TO ADD A NEW SECTION 10-5-3 "PARKING
DURING LEAF PICK-UP PROHIBITED" THERETO. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to adopt Ordinance
M-60-94, 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.
Mayor Pro Tem Kisslinqer declared that the City council
was now resolved into a committee of the Whole.
COMMUNITY DEVELOPMENT Alderman Sarlo, Chair
Attorney for the petitioner (Sisters of Holy Family of
Nazareth), Dan Dowd, and architect for the project,
Michael Doyle, addressed the City Council regarding this
matter.
Moved by Haupt, seconded by Sarlo, to concur with Des
Plaines Zoning Board of Appeals and Staff recommendation
and recommend to the City Council re Zoning Case 94-32-A
to approve Text Amendment to Section 7 . 1. 2 . 4 of the
Zoning Ordinance to add: Recreational facilities used for
recreation or recreational instruction whether publicly
or privately owned; and further approve site plan in
order to construct a golf learning center on property
located at 353 N. River Road. Motion declared carried.
Representatives Peter F. Olesen and Donald Roberts from
PlainsBank of Illinois, addressed the City Council
regarding this matter.
Moved by Haupt, seconded by Beauvais, to concur with Des
Plaines Plan Commission and Zoning Board of Appeals to
recommend to the City Council re Zoning Case 94-36-SU to
approve amendment to existing Special Use for a drive-in
bank facility in the C-2 General Commercial Zoning
District on property located at 1401 Lee Street, to add
a 600 sq. ft. addition along the south side of existing
building conditional upon the Lee Street driveway being
used as an entrance only for northbound Lee Street
traffic. Motion declared carried.
ENGINEERING Alderman Christiansen, Acting Chair
Mr. Larry D. Justice, representing petitioner, cc
Industries, Inc., addressed the City Council regarding
this matter.
Moved by Beauvais, seconded by Curley, to concur with
Staff recommendation and recommend to the City Council
that City provide for the extension of water and sewer
to property located at 11601 W. Touhy Avenue (in the
corporate limits of Chicago) , inasmuch as Annexation
Agreement for 415 W. Touhy Avenue (Ordinance A-2-93,
adopted on August 16, 1993), stipulated this action;
approve Declaration of Covenants submitted by LaSalle
National Trust, as Trustee for Trust No. 33000, for 11601
W. Touhy Avenue; and Resolution R-62-94 be adopted at
appropriate time this evening. Motion declared carried.
ICAP
PROGRAM:
FALSE ALARM
ORDINANCE
AMENDMENT:
BANQUET HALL
LIQ. LIC.:
PARENTAL
RESPONSIBI.
ORDINANCES:
INTERLOCAL
AGREEMENT/
CITY-PARK-
HIST. SOC.:
WARRANT
REGISTER:
AGREEMENT/
DISPOSAL OF
LEAVES:
221.
9/19/94
PAGE FOUR
Moved by Curley, seconded by Elstner, to concur with
Staff recommendation and recommend to the City Council
that inasmuch as agreement with RJN Environmental
Associates, Inc., 202 W. Front Street, Wheaton, IL 60187
(approved on March 1, 1993), to conduct post-
rehabilitation flow monitoring throughout City's separate
sewered areas as part of the Inflow-Infiltration
Corrective Action Program (ICAP) required by the
Metropolitation Water Reclamation District, was delayed
because a significant number of private sector violations
remained uncorrected until now and this fact was beyond
the consultant's control, that agreement be amended to
reflect current rates of pay in the amount of $1,158/1993
Bonds. Motion declared carried (final action on this
matter will come under Consent Agenda on October 3,
1994) .
PUBLIC SAFETY Alderman Elstner, Chair
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation and recommend to the City Council
approval of proposed amendments to Title V, Chapter 5,
of the City Code regarding Alarm System Licensing and
False Alarm Provisions to prohibit automatic dialers; not
exempt nonprofit organizations from false alarm
provisions; and increase number of police false-alarm
violations allowed before penalty is imposed. Motion
declared carried (final action on this matter will come
under Consent Agenda on October 3, 1994).
LEGAL & LICENSING Alderman Kisslinger, Chair
Moved by Sarlo, seconded by Beauvais, to recommend to the
City Council that Banquet Hall liquor license holders be
permitted to sponsor up to twelve (12) events a year by
themselves; allow apportionment of liquor license fees;
and Ordinance M-64-94 be adopted at appropriate time this
evening. Motion declared carried.
At the request of Alderman Haupt, the proposed Parental
Responsibility ordinances were held until the next
meeting of the City Council on October 3, 1994.
Moved by Sarlo, seconded by Christiansen, to concur with
Staff recommendation and recommend to the City Council
approval of proposed revised Interlocal Agreement between
the City, the Des Plaines Park District and the
Historical Society which updates the previous agreement
and clarifies the roles of the parties; such Interlocal
Agreement to be for three years, terminating on July 1,
1997. Motion declared carried (final action on this
matter will come under Consent Agenda on October 3,
1994) .
FINANCE & ADMINISTRATION Alderman Haupt, Chair
Moved by Sarlo, seconded by Curley, to concur with Staff
recommendation and recommend to the City Council approval
of September 19, 1994 Warrant Register in the amount of
$1,657,298.73, and Resolution R-60-94 be adopted at
appropriate time this evening. Motion declared carried.
PUBLIC WORKS Alderman Curley, Chair
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation and recommend to the City Council
that City enter into agreement with West Cook County
Solid Waste Agency for the 1994 Fall Leaf Disposal
Program (in conjunction with R. Smits & Sons) for a cost
DISPOSAL OF
LEAVES
(Cont'd.)
ZONING CASE
94-32-A
TEXT AMEND./
RECREATIONAL
FACILITIES
353 N. RIVER:
ZONING CASE
94-36-SU
1401 LEE ST.:
WATER & SEWER
SERVICE/
11601 w.
TOUHY AVE.:
Resolution
R-62-94
BANQUET HALL
LIQ. LIC.:
ordinance
M-64-94
PAGE FIVE
222 .
9/19/94
per cubic yard for disposal of $4. 2 3, contingent upon the
results of bid opening on September 23, 1994 for leaf
hauling and disposal (bidders who submit proposal for
hauling only will utilize the WCCSWA for disposal, but
if the lowest cost proposal provides for hauling and
disposal at another site, the agreement with WCCSWA will
not be activated); and Resolution R-61-94 be adopted at
appropriate time this evening. Motion declared carried.
Mayor Pro Tem Kisslinger assumed the chair, and declared
the city council back in session.
Moved by Sarlo, seconded by Beauvais, to concur with
recommendation of Committee of the Whole re Zoning Case
94-32-A to approve Text Amendment to Section 7.1.2.4 of
the Zoning Ordinance to add: Recreational facilities used
for recreation or recreational instruction whether
publicly or privately owned; and further approve site
plan in order to construct a golf learning center on
property located at 353 N. River Road. Motion declared
carried (ordinance will come under Consent Agenda on
October 3, 1994).
Moved by Sarlo, seconded by Beauvais, to concur with
recommendation of Committee of the Whole re Zoning Case
94-36-SU to approve amendment to existing Special Use for
a drive-in bank facility in the C-2 General Commercial
Zoning District on property located at 1401 Lee Street,
to add a 600 sq. ft. addition along the south side of
existing building conditional upon the Lee Street
driveway being used as an entrance only for northbound
Lee Street traffic. Motion declared carried (ordinance
will come under Consent Agenda on October 3, 1994).
Moved by Christiansen, seconded by Sarlo, to concur with
recommendation of Committee of the Whole that City
provide for the extension of water and sewer to property
located at 11601 W. Touhy Avenue (in the corporate limits
of Chicago), inasmuch as Annexation Agreement for 415 W.
Touhy Avenue (Ordinance A-2-93, adopted on August 16,
1993), stipulated this action; approve Declaration of
Covenants submitted by LaSalle National Trust, as Trustee
for Trust No. 33000, for 11601 W. Touhy Avenue; and
further recommend to adopt Resolution R-62-94, A
RESOLUTION AUTHORIZING AND APPROVING THE DECLARATION OF
COVENANTS WITH LASALLE NATIONAL TRUST, AS TRUSTEE FOR
TRUST NO. 33000, FOR 11601 WEST TOUHY AVENUE, THE
"BENEFITTED PROPERTY" NEXT TO 415 WEST TOUHY AVENUE.
Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Haupt
NAYS: 0-None
ABSENT: 1-Chiropolos
Motion declared carried.
Moved by Haupt, seconded by Sarlo, to concur with
recommendation of Committee of the Whole that Banquet
Hall liquor license holders be permitted to sponsor up
to twelve (12) events a year by themselves; allow
apportionment of liquor license fees; and further
recommend to advance to Second Reading and adopt
Ordinance M-64-94, AN ORDINANCE AMENDING SECTION 5-34-11
"CLASS G BANQUET HALL LIQUOR LICENSE" OF CHAPTER 34
"INTOXICATING LIQUORS" OF TITLE V, OF THE CITY CODE OF
DES PLAINES, TO ALLOW CLASS G LICENSEE TO SPONSOR ITS OWN
EVENTS; AND FURTHER AMENDING SECTIONS 5-34-17 "LICENSES"
AND 5-34-34 "LIQUOR LICENSE FEES WHEN LICENSE
CLASSIFICATION INCREASED" TO ALLOW APPORTIONMENT OF FEE
IN CERTAIN CASES. Upon roll call, the vote was:
ORDINANCE
M-64-94
(Cont'd.)
RESOLUTION
R-60-94
WARRANT
REGISTER:
AGREEMENT/
DISPOSAL OF
LEAVES:
Resolution
R-61-94
ADVERTISING
FOR BIDS:
EXECUTIVE
SESSION:
223 .
9/19/94
PAGE SIX
AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Haupt
NAYS: 0-None
ABSENT: 1-Chiropolos
Motion declared carried.
Moved by Haupt, seconded by Sarlo, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-60-94, 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:
$1,657,298.73. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Haupt
NAYS: 0-None
ABSENT: 1-Chiropolos
Motion declared carried.
Moved by Curley, seconded by Sarlo, to concur with
recommendation of Committee of the Whole that City enter
into agreement with West Cook County Solid Waste Agency
for the 1994 Fall Leaf Disposal Program (in conjunction
with R. Smits & Sons) for a cost per cubic yard for
disposal of $4.23, contingent upon the results of bid
opening on September 23, 1994 for leaf hauling and
disposal (bidders who submit proposal for hauling only
will utilize the WCCSWA for disposal, but if the lowest
cost proposal provides for hauling and disposal at
another site, the agreement with WCCSWA will not be
activated); and further recommend to adopt Resolution R-
61-94, A RESOLUTION AUTHORIZING PARTICIPATION IN A JOINT
FALL LEAF PROGRAM WITH THE WEST COOK COUNTY SOLID WASTE
AGENCY. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Haupt
NAYS: 0-None
ABSENT: 1-Chiropolos
Motion declared carried.
The City Clerk's Office will be advertising for bids for:
a. Carpet Cleaning in Civic Center and Police
Department, returnable by 3:00 p.m., Friday, October
7 I 1994 •
b. Preventive Maintenance of Heating and Air
Conditioning Systems, returnable by 3:00 p.m.,
Friday, October 7, 1994.
c. One (1) 1995 Ford E-350 Commercial cutaway Chassis
with an American Cargo or equivalent 12' Aluminum
Body, returnable by 3:00 p.m., Thursday, October 6,
1994.
Moved by Beauvais, seconded by Sarlo, to go into
Executive Session to discuss pending litigation and
collective bargaining. Upon roll call the vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Haupt
NAYS: 0-None
ABSENT: 1-Chiropolos
Motion declared carried.
Council recessed at 9:04 p.m.
Council reconvened at 10:21 p.m.
Roll call indicated the
Beauvais, Christiansen,
Sarlo, Haupt.
following aldermen
Elstner, Kisslinger,
present:
Curley,
PENDING
LITIGATION
AND
COLLECTIVE
BARGAINING:
ADJOURNMENT:
DAY OF
224.
9/19/94
PAGE SEVEN
Moved by Haupt, seconded by Sarlo, that:
a. City Attorney be authorized to proceed with
settlement of Herrey v. City law suit as directed in
Executive Session;
b. City Attorney be authorized to proceed with
settlement of Provenzano v. City law suit as directed
in Executive Session; and
c. Staff be authorized to proceed as directed in
Executive Session regarding MECCA -Public Works
Union Contract.
Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Haupt
NAYS: 0-None
ABSENT: 1-Chiropolos
Motion declared carried.
Moved by Sarlo, seconded by Beauvais, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:22 p.m.
Donna McAllister, CMC/AAE CITY CLERK