10189358.
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,
OCTOBER 181 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 7:00 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, October 18, 1993.
ROLL CALL: Roll call indicated the following aldermen
Beauvais, Christiansen, Elstner, Kisslinger,
Sarlo, Chiropolos. Alderman Haupt was absent.
Haupt arrived at 7:25 p.m.
present:
Curley,
Alderman
Also present were: City Manager Douthwaite, City Comptroller Peters,
Police Chief Storm, Fire Chief Farinella, Community Development Director
D'Onofrio, City Engineer Oakley, Public Safety Communications Coordinator
Ornberg, Human Resources and Services Director Panouses, and Interim City
Attorney Delort.
PRAYER AND
PLEDGE:
PRESENTATION:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
PATIO
VARIATION/
1435 SECOND:
consent
Agenda
PUBLIC
IMPROVEMENTS/
MERLIN'S
RESUBDIV.:
Consent
Agenda
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Mayor Sherwood presented plaques of appreciation to
Herman Divito, retiring member of the Des Plaines Plan
Commission, and Eugene Zuccarini, retiring member of the
Des Plaines Youth Commission, for their many years of
faithful and loyal service to the City; a plaque of
appreciation was also presented to Judy Zanca, wife of
Jerome Zanca, who is retiring from the Des Plaines Zoning
Board of Appeals, for his many years of faithful and
loyal service to the City.
Moved by Beauvais, seconded by Chiropolos, to establish
a Consent Agenda. Motion declared carried.
Moved by Curley, seconded by Sarlo, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger,
Sarlo, Chiropolos
NAYS: 0-None
ABSENT: 1-Haupt
Motion declared carried.
The minutes are approved. The staff recommendations and
requests are approved. Ordinances M-51-93 and M-52-93
are adopted; and Resolution R-61-93 is adopted.
Moved by Curley, seconded by Sarlo, to approve minutes
of Regular Meeting of the City Council held October 4,
1993, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Curley, seconded by Sarlo, to approve minutes
of Special Meeting of the city Council held October 12,
1993, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Curley, seconded by Sarlo, to concur with Staff
recommendation and grant request for Patio Variation to
permit oversize patio and deck on property located at
1435 Second Avenue. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Curley, seconded by Sarlo, to concur with Staff
recommendation and accept public improvements including
culvert installation, ditch regrading and driveway
approaches for Merlin's Resubdivision, 2133-2139
Sprucewood Avenue; refund surety and cash guarantee in
the amount of $14,909.38 (cash warranty of $1,168.75 will
be held for 18 months). Motion declared carried as
approved unanimously under Consent Agenda.
RESOLUTION
R-61-93
PUB. IMPRVS./
MERLIN'S
RESUBDIV.:
Consent
Agenda
PURCHASE OF
LIQ. CALCIUM
CHLORIDE:
Consent
Agenda
PURCHASE OF
ROCK SALT:
consent
Agenda
BID AWARD/
CARPET
CLEANING:
Consent
Agenda
BID AWARD/
DES PLAINES
DIGEST:
Consent
Agenda
APPOINTMENTS/
REAPPOINT. :
Consent
Agenda
59.
10/18/93
PAGE TWO
Moved by Curley, seconded by Sarlo, to concur with Staff
recommendation and adopt Resolution R-61-93, A RESOLUTION
APPROVING THE PUBLIC IMPROVEMENTS IN THE MERLIN
SUBDIVISION (2133-2139 Sprucewood Avenue). Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Curley, seconded by Sarlo, to concur with Staff
recommendation and accept low bid for joint purchase
through Northwest Municipal Conference of Liquid Calcium
Chloride from W & W Sales & Leasing Company, 119 s. Main
Street, Edwardsville, IL 62025, for City's requested
quantity of 8,800 gallons, for a total cost of $2,464;
and City Clerk be authorized to execute !DOT Form BLR
6103 to authorize expenditure from MFT Section 93-00000-
02 GM. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Curley, seconded by Sarlo, to concur with Staff
recommendation and accept low bid for joint purchase
through Illinois Department of Central Management
Services of bulk rock salt from North American Salt
Company, 8300 College Boulevard, Overland Park, KS 66210,
for City's requested quantity of 3,300 tons for a total
cost of $78,540; and City Clerk be authorized to execute
!DOT Form BLR 6103 to authorize expenditure from MFT
Section 93-00000-02 GM. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Curley, seconded by Sarlo, to concur with Staff
recommendation to award bid for Carpet Cleaning at the
Ci vie Center and Police Building to the low bidder,
Dave's Carpet Cleaning, 75 N. Westgate Road, Des Plaines,
for a one year contract for two cleanings a year, in the
amount of $2,366 per cleaning. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Curley, seconded by Sarlo, to concur with Staff
recommendation to award bid for printing of six editions
of the eight page City-wide newsletter, the Des Plaines
Digest, to the low bidder, Des Plaines Journal, Inc., 622
Graceland Avenue, Des Plaines, at a cost of $1,625.93 per
edition with an additional charge of $5 per photograph
(halftone) and a $50 charge per hour for alterations,
contingent on funding by the City in the 1994 budget.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Curley, seconded by Sarlo, to concur with Mayor
Sherwood's reappointments as follows:
DES PLAINES ELECTRICAL COMMISSION
Jerry Zygowicz, term to expire April 1, 1994
DES PLAINES ZONING BOARD OF APPEALS
Dan Fletcher, term to expire April 30, 1998
Jack Messerschmidt, term to expire April 30, 1998
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Curley, seconded by Sarlo, that the City Council
consider the following Mayoral appointment/reappointments
with final action being taken under Consent Agenda on
November 1, 1993:
DES PLAINES YOUTH COMMISSION Appointment
Rhonda Popko
DES PLAINES POLICE PENSION BOARD Reappointment
Gaston Freeman
DES PLAINES ZONING BOARD OF APPEALS Reappointment
Earle P. Stover
Motion declared carried as approved unanimously under
Consent Agenda.
ORDINANCE
M-51-93
UNDERAGE
DRINKING:
consent
Agenda
ORDINANCE
M-52-93
PROCEEDS
HOME RULE
SALES TAX:
Consent
Agenda
WARRANT
REGISTER:
FENCE
SCREENING:
PARKING PAD
VARIATION/
1995 HOWARD:
CDBG FUNDED
CONTRACTS/
PUBLIC SVS.
PROVIDERS:
60.
10/18/93
PAGE THREE
Moved by Curley, seconded by Sarlo, to adopt Ordinance
M-51-93, AN ORDINANCE AMENDING TITLE VI, "POLICE
REGULATIONS" OF THE CITY CODE OF DES PLAINES, TO ADD A
NEW CHAPTER 15 "USE OF ALCOHOLIC BEVERAGES BY UNDERAGE
PERSONS. " Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Curley, seconded by Sarlo, to adopt Ordinance
M-52-93, AN ORDINANCE PROVIDING FOR THE USE OF THE HOME
RULE RETAILERS' AND SERVICE OCCUPATION TAX. 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 Sarlo, Chair
Moved by Sarlo, seconded by Christiansen, to recommend
to the City Council approval of the October 18, 1993
Warrant Register in the amount of $1, 465, 768. 50, and
Resolution R-62-93 be adopted at appropriate time this
evening. Motion declared carried.
LEGAL & LICENSING Alderman Kisslinger, Chair
Moved by Christiansen, seconded by Sarlo, to concur with
Staff recommendation and recommend to the City Council
that liquor establishment properties be screened from
adjacent residential properties by a solid wood, brick
or concrete view-screening opaque fence or other material
such as a brick wall, eight ( 8) feet in height, and
Ordinance M-54-93 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 Sarlo, seconded by Elstner, to deny request for
Parking Pad Variation to permit 24' wide parking pad
adjacent to existing driveway on property located at 1995
Howard Avenue. Motion declared carried.
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation and award Community Development
Block Grant (CDBG) funded public service contracts as
follows:
DAY CARE ASSISTANCE $12,000
CEDA Northwest
120 West Eastman
Arlington Heights, IL 60004
FAIR HOUSING COUNSELING $4,000
CEDA Northwest
120 West Eastman
Arlington Heights, IL 60004
FOOD PANTRY $5,115
The Self-Help Closet and Pantry
1040 Thacker Street
Des Plaines, IL 60016
SHARED SENIOR HOUSING
Resource Center for the Elderly
306 W. Park Street
Arlington Heights, IL 60005
The Center of Concern $7,000
1580 N. Northwest Highway, #223
Park Ridge, IL 60068
$2,000
CDBG FUNDING
(Cont'd.)
ORDINANCE
M-53-93
UTILITY
TAX:
ORDINANCE
M-54-93
FENCING/
LIQ. ESTAB. :
RESOLUTION
R-62-93
WARRANT
REGISTER:
PAGE FOUR
TRANSITIONAL HOUSING $15,000
Northwest Community Services, Inc.
1001 Oakton Street
Elk Grove Village, IL 60007
Upon roll call, the vote was:
6 1 •
10/18/93
AYES: 7-Beauvais, Elstner, Kisslinger, Curley,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSTAIN:l-Christiansen (conflict of interest)
ABSENT: 0-None
Motion declared carried.
Moved by Sarlo, seconded by Elstner, to waive First
Reading and place on passage Ordinance M-53-93. Upon
roll call, the vote was:
AYES: ?-Christiansen, Elstner, Kisslinger, Curley,
Sarlo, Haupt, Sherwood
NAYS: 2-Beauvais, Chiropolos
ABSENT: 0-None
Motion declared carried.
Moved by Sarlo, seconded by Elstner, to adopt Ordinance
M-53-93, AN ORDINANCE AMENDING TITLE V, "BUSINESS
REGULATIONS" OF THE CITY CODE OF DES PLAINES, TO ADD A
NEW CHAPTER 40, "MUNICIPAL UTILITY TAX. II Upon roll call,
the vote was:
AYES: 6-Elstner, Kisslinger, Curley, Chiropolos,
Haupt, Sherwood
NAYS: 3-Beauvais, Christiansen, Sarlo
ABSENT: 0-None
Motion declared carried.
Later in the meeting, Mayor Sherwood changed his vote to
NAY. This, however, did not change the outcome of the
vote.
Moved by Kisslinger, seconded by Curley, to concur with
recommendation of Committee of the Whole and waive First
Reading and place on passage Ordinance M-54-93. 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 Kisslinger, seconded by Christiansen, to concur
with recommendation of Committee of the Whole and adopt
Ordinance M-54-93 I AN ORDINANCE AMENDING TITLE v I CHAPTER
3 4 11 INTOXICATING LIQUORS, 11 OF THE CITY CODE OF DES
PLAINES, TO ADD THERETO A NEW SECTION 5-34-40, PERTAINING
TO ENCLOSURE OF LICENSED ESTABLISHMENTS FROM RESIDENTIAL
AREAS. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chriopolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Sarlo, seconded by Curley, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-62-93, 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:
$1,465,768.50. 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.
ORDINANCE
M-53-93
UTLITY TAX:
MWRD V. CITY
INFLOW-INFIL.
PROGRAM:
REVIEW OF
ORDINANCE
M-13-93:
APPOINTMENT
OF CITY
ATTORNEY:
62.
10/18/93
PAGE FIVE
Moved by Chiropolos, seconded by Curley, that the
proceeds from the Utility Tax approved under Ordinance
M-53-93 earlier in the evening, be used for capital
improvements and infrastructure. Upon roll call, the
vote was:
AYES: 4-Kisslinger, Curley, Chiropolos, Haupt
NAYS: 5-Beauvais, Christiansen, Elstner, Sarlo,
Sherwood
ABSENT: 0-None
Motion declared failed.
Moved by Elstner, seconded by Sarlo, to reconsider
Ordinance M-53-93, adopted earlier in the evening. Upon
roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Elstner, Kisslinger,
Sarlo, Sherwood
NAYS: 3-Curley, Chiropolos, Haupt
ABSENT: 0-None
Motion declared carried.
Upon roll call on the reconsidered motion to adopt
Ordinance M-53-93, AN ORDINANCE AMENDING TITLE V,
"BUSINESS REGULATIONS" OF THE CITY CODE OF DES PLAINES,
TO ADD A NEW CHAPTER 40 "MUNICIPAL UTILITY TAX, II the vote
was:
AYES:
NAYS:
4-Kissslinger, Curley, Chiropolos, Haupt
5-Beauvais, Christiansen, Elstner, Sarlo,
Sherwood
ABSENT: 0-None
Motion declared failed.
Moved by Christiansen, seconded by Chiropolos, to
reconsider portion of motion approved on October 4, 1993
regarding MWRD v. City of Des Plaines Inflow-Infiltration
Program, as follows: 11 ••• and firm of Hervas, Sotos and
Condon, 105 E. Irving Park Road, Itasca, IL 60143, be
directed to represent the City on this matter at a rate
of $110/hour for principal of firm, $95/hour for
associate." Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo,
NAYS: 1-Chiropolos
ABSTAIN:l-Haupt
ABSENT: 0-None
Motion declared carried.
Moved by Haupt, seconded by Chiropolos, that the Staff
be authorized to advertise for a law firm to represent
the City in the enforcement of the Inflow-Infiltration
Program at the lowest possible rate. 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 Elstner, that Ordinance M-
13-93, as it pertains to the sprinklering requirements
for churches, be referred to the Building Code Committee
for study and report. Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, to concur with
Mayor Sherwood's appointment of David R. Wiltse as City
Attorney. Upon roll call, the vote was:
AYES: 7-Beauvais, Elstner, Kisslinger, Curley,
Sarlo, Chiropolos, Haupt
NAYS: !-Christiansen
ABSENT: 0-None
Motion declared carried.
ORDINANCE
M-55-93
SALE OF CITY
PERSONAL
PROPERTY:
ADJOURNMENT:
63.
10/18/93
PAGE SIX
Moved by Curley, seconded by Sarlo, to waive First
Reading and place on passage Ordinance M-55-93. Motion
declared carried.
Moved by Curley, seconded by Sarlo, to adopt Ordinance
M-55-93, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC
AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES
PLAINES. 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 Beauvais, seconded by Christiansen, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 9:00 p.m.
~~Jt :
Donna McAllister, CMC/AAE CITY CLERK
APPROVED BY ME THIS
DAY OF <--~ ' 1993
Ted Sherwood, MAYOR