11019364.
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,
NOVEMBER 1, 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
Monday, November 1, 1993.
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,
Community Development Director D'Onofrio, City Engineer Oakley, Public
Works Administrative Assistant Tozzo, and Interim City Attorney Delort.
PRAYER AND
PLEDGE:
PUBLIC
HEARING/
CDBG
PROGRAM:
CALL TO
ORDER:
DISCUSSION:
CONSENT
AGENDA:
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR
ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES
CIVIC CENTER, MONDAY, NOVEMBER 1, 1993
Mayor Sherwood called the Public Hearing to order at 7: 03
p.m. The Public Hearing was held pursuant to legal
notice to give citizens the opportunity to comment on the
City's proposed amendment to its 1993 Community
Development Block Grant ( CDBG) final statement. The
requested amendment is to delete the "Support for
Affordable Housing" program.
Community Development Block Grant Coordinator Cindy
Mccammack advised the Council that no proposals were
received for the "Support for Affordable Housing"
program, so it is her recommendation that this program
be deleted from the City's 1993 Community Development
Block Grant (CDBG) final statement and that the $3,000
provided for this program be re-programmed to fund the
senior employment service contract which will be before
the Council for approval later in the evening.
Mayor Sherwood asked for public comment. There was none.
Moved by Beauvais, seconded by Sarlo, to concur with the
Staff recommendation and approve the deletion of the
"Support for Affordable Housing" program from the City's
1993 Community Development Block Grant (CDBG) final
statement and the $3, 000 provided for this program be re-
programmed to fund the senior employment service
contract. Motion declared carried.
Public Hearing adjourned at 7:15 p.m.
The City Council reconvened at 7:16 p.m.
Alderman Christiansen requested that Item 1 be removed
from the Consent Agenda; Alderman Chiropolos requested
that Items 2 and 2a be removed; Alderman Sarlo requested
that Items 4 and 4a be removed; and Alderman Elstner
requested Item 6 be removed.
Moved by Sarlo, seconded by Chiropolos, to establish a
Consent Agenda except for Items 1, 2, 2a, 4, 4a, and 6.
Motion declared carried.
CONSENT
AGENDA
(Cont'd.)
MINUTES:
WINDOW
DRESSINGS:
ORDINANCE
M-56-93
WINDOW
DRESSINGS:
CDBG/SENIOR
EMPLOYMENT
PROGRAM:
Consent
Agenda
COMPOSTING
OF LEAVES:
RESOLUTION
R-63-93
65.
11/1/93
PAGE TWO
Moved by Beauvais, seconded by Christiansen, 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 staff recommendations and requests are approved, and
Resolution R-64-93 is adopted.
Moved by Christiansen, seconded by Elstner, to approve
minutes of regular meeting of the City Council held
October 18, 1993, as published. Motion declared carried.
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation that existing Property Maintenance
Code be amended to require suitable window curtains,
drapes, blinds or privacy shades be installed on all
windows of premises, but amend recommendation to add:
except that this shall not apply to bay windows or other
decorative windows which are not normally covered, such
as stained glass, skylights, glass block or octagon
windows, to the extent that such windows may be
completely uncovered. Motion declared carried.
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation and place on First Reading Ordinance
M-56-93 (as amended), AN ORDINANCE AMENDING SECTION 8-9-
11 (E) "NUISANCES DECLARED," OF THE CITY CODE OF DES
PLAINES, TO ADD A NEW SUBSECTION 8-9-ll(E) (10),
PERTAINING TO WINDOW DRESSINGS (adoption of this
ordinance by the City Council will come under Consent
Agenda on November 15, 1993). Motion declared carried.
Moved by Beauvais, seconded by Christiansen, to concur
with Staff recommendation and award Community Development
Block Grant (CDBG) funded public service contract for
Senior Employment Services in the amount of $7,000 to
CEDA Northwest, 120 Eastman, Arlington Heights, IL 60004.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Curley, seconded by Kisslinger, to suspend the
rules to permit the public to address the City Council
on proposed composting of leaves program. Motion
declared carried.
Mr. Jack Flynn, 1271 Fargo Avenue, stated that while he
is not opposed to this proposed program, he would like,
as a taxpayer, to have more information, i.e. who is
going to haul the leaves, how much is going to be hauled,
where they are going to get the equipment.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation that City enter into contract with
West Central Municipal Conference, 740 Hillgrove Avenue,
Western Springs, IL 60558, for composting of leaves
delivered to their site in the amount of $4.23 per cubic
yard, and Resolution R-63-93, A RESOLUTION AUTHORIZING
PARTICIPATION IN A JOINT LEAF COMPOSTING PROGRAM WITH THE
WEST CENTRAL MUNICIPAL CONFERENCE, be adopted. Upon roll
call, the vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos
NAYS: 1-Haupt
ABSENT: 0-None
Motion declared carried.
PUBLIC
IMPROVEMENTS/
LECHNER LANE
SUBDIVISION:
Consent
Agenda
RESOLUTION
R-64-93
PUB. IMPRVS./
LECHNER LANE
SUBDIVISION:
Consent
Agenda
BID AWARD/
HEATING &
AIR CONDIT.:
ADVERTISING
FOR BIDS:
Consent
Agenda
APPOINTMENTS/
REAPPOINT.:
consent
Agenda
66.
11/1/93
PAGE THREE
Moved by Beauvais, seconded by Christiansen, to concur
with Staff recommendation and accept public improvements
including a new street, curb and gutter, sidewalk, water
main, storm and sanitary sewer for Lechner Lane
Subdivision, 2311-2371 Lechner Lane, and refund surety
in the amount of $12,773.56 (cash warranty of $10,153.08
will be held for 18 months) . Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Christiansen, to concur
with Staff recommendation to adopt Resolution R-64-93,
A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS IN THE
LECHNER LANE SUBDIVISION (2311-2371 Lechner Lane).
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Elstner, seconded by Curley, that the bid award
for Preventive Maintenance of Heating and Air
Conditioning Systems for Civic Center, Police Building,
Public Works Facility and Transit Center be postponed
until the next meeting of the Council on November 15,
1993, for additional information. Upon roll call, the
vote was:
AYES: 4-Beauvais, Christiansen, Elstner, Curley
NAYS: 5-Kisslinger, Sarlo, Chiropolos, Haupt,
Sherwood
ABSENT: 0-None
Motion declared failed.
Moved by Chiropolos, seconded by Sarlo, to concur with
Staff recommendation to award bid for Preventive
Maintenance of Heating and Air Conditioning Systems for
Civic Center, Police Building, Public Works Facility and
Transit Center to the lowest qualified bidder, Raeco
Engineering, 1240 Rand Road, Des Plaines in the amount
of $9,180 for one year. 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, to concur
with Staff recommendation that City Clerk be authorized
to advertise for bids for one (1) New 1993 or 1994 Ford
E-350 Commercial Cutaway Chassis with American Cargo 12'
Aluminum Body or equivalent, returnable by 3: 00 p.m.,
Friday, November 19, 1993. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Christiansen, to concur
with Mayor Sherwood's appointment/reappointments as
follows:
DES PLAINES YOUTH COMMISSION Appointment
Rhonda Popko, term to expire December 31, 1996
DES PLAINES POLICE PENSION BOARD Reappointment
Gaston Freeman, term to expire April 1, 1995
DES PLAINES ZONING BOARD OF APPEALS Reappointment
Earle P. Stover, term to expire April 1, 1998
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Beauvais, seconded by Christiansen, that the
City Council consider the following Mayoral
appointment/reappointments with final action being taken
under Consent Agenda on November 15, 1993:
DES PLAINES CLEAN COMMUNITY/BEAUTIFICATION COMMISSION
Joan Chiropolos Appointment
DES PLAINES COMMUNITY HEALTH ADVISORY COMMISSION
Dr. Lowell R. Sherman Reappointment
Joanne Ward Reappointment
APPOINT./
REAPPOINT.
(Cont'd. )
LIQ. LIC.
1177-79 s.
ELMHURST:
ZONING CASE
93-40-SU
1165-1167
LEE ST.:
CHANGE
ORDERS/
ALGONQUIN
RD. IMPRV.:
ENGR. SVS.
AMENDMENT/
ALGONQUIN
RD. IMPRV.:
TRAFFIC
RESTRICTIONS/
ALGONQUIN
ROAD:
67.
11/1/93
PAGE FOUR
DES PLAINES YOUTH COMMISSION
Marlene Pasdo Reappointment
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
Applicant Pagronkij R. Gumtrontip was sworn in by the
City Clerk and gave testimony before the City Council.
Moved by Beauvais, seconded by Haupt, to recommend to the
City Council approval of request for Class H Liquor
License for property located at 1177-79 Elmhurst Road,
d/b/a Krung Tep Tai Restaurant, contingent upon
verification of fingerprints. Motion declared carried
(approval of this matter by the City Council will come
under Consent Agenda on November 15, 1993).
COMMUNITY DEVELOPMENT Alderman Sarlo, Chair
Moved by Curley, seconded by Beauvais, to concur with Des
Plaines Plan Commission and Zoning Board of Appeals re
Zoning Case 93-40-SU and recommend to the City Council
approval of request for Special Use to permit operation
of Class B Restaurant in a C-2 Commercial Zoning District
on property located at 1165-1167 Lee Street. Motion
declared carried (approval of this matter by the City
Council will come under Consent Agenda on November 15,
1993) .
ENGINEERING Alderman Chiropolos, Chair
Moved by Chiropolos, seconded by Kisslinger, to recommend
to the City Council approval of Change Order #1 through
#12 to contract under Local Agency Agreement for Federal
Participation with Illinois Department of Transportation
(IDOT) for improvements to intersection of Des Plaines-
River Road at Algonquin Road and improvement of Algonquin
Road between the Wisconsin Central Railroad and Des
Plaines-River Road (approved on December 21, 1992), for
various items at additional cost to the City of
$12,091.10/1991 Bond Funds. Motion declared carried.
Alderman Christiansen voted no.
Moved by Chiropolos, seconded by Curley, to recommend to
the City Council approval of amendment to contract with
Peter F. Olesen and Associates, Inc. , 500 W. Central
Road, Suite 205, Mt. Prospect, IL 60056, for additional
engineering work for improvements to intersection of Des
Plaines-River Road at Algonquin Road and improvement of
Algonquin Road between the Wisconsin Central Railroad and
Des Plaines-River Road for a total amount of $62,187.49
with the City's cost being $15,546.87/1991 Bond Funds.
Motion declared carried. Alderman Christiansen voted no.
Moved by Chiropolos, seconded by Curley, to recommend to
the City Council approval of Section 1 of Ordinance T-11-
93, to prohibit parking on the north side of Algonquin
Road from Joseph Schwab Road to Lee-Mannheim Road.
Motion declared carried. Alderman Christiansen voted no.
ALGONQUIN
ROAD
(Cont'd.)
CHANGE ORDER/
WEST SIDE
TRANSMISSION
WATER MAIN:
WARRANT
REGISTER:
ORDINANCE
T-11-93
TRAFFIC
RESTRICTIONS/
ALGONQUIN
ROAD:
CHANGE
ORDERS/
ALGONQUIN
RD. IMPRV.:
68.
11/1/93
PAGE FIVE
Moved by Chiropolos, seconded by Curley, to recommend to
the City Council approval of Section 2 of Ordinance T-11-
93, that Section 10-6-16(D) of the City Code be amended
to add 25 miles per hour speed limit on Algonquin Road
from Lee-Mannheim Road to Des Plaines-River Road. Motion
declared carried.
Moved by Chiropolos, seconded by Curley, to recommend to
the City Council approval of Section 3 of Ordinance T-11-
93, that Section 10-16-3 of the City Code be amended to
add three tons maximum weight on Algonquin Road from Lee-
Mannheim Road to Des Plaines-River Road. Motion declared
carried.
Moved by Chiropolos, seconded by Curley, to recommend to
the city Council to concur with recommendation of City's
environmental engineering consultants, Alvord, Burdick
& Howson, 20 N. Wacker Drive, Suite 1401, Chicago, IL
60606, approval of Change Order #2 to contract with
Swallow Construction Company, 312 E. 18th Street,
Lombard, IL 60148, (for West Side Transmission Water Main
Project), for additional costs involved to remediate the
contaminated soils within Howard Avenue concurrent with
pipeline installation, in the amount of $185,500/1991
Bond Funds. Motion declared carried.
FINANCE & ADMINISTRATION Alderman Haupt, Chair
Moved by Haupt, seconded by Sarlo, to recommend to the
City Council approval of the November 1, 1993 Warrant
Register in the amount of $1,947,123.93, and Resolution
R-65-93 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 Chiropolos, seconded by Curley, to concur with
recommendation of Committee of the Whole to prohibit
parking on the north side of Algonquin Road from Joseph
Schwab Road to Lee-Mannheim Road; that 25 miles per hour
speed limit be posted on Algonquin Road from Lee-Mannheim
Road to Des Plaines-River Road; three tons maximum weight
be posted on Algonquin Road from Lee-Mannheim Road to Des
Plaines-River Road; and to advance to Second Reading and
adopt Ordinance T-11-93, AN ORDINANCE AMENDING SCHEDULE
I, SECTION 10-5-17 "PARKING PROHIBITED IN DESIGNATED
PLACES," OF CHAPTER 5, TITLE X, OF THE CITY CODE OF DES
PLAINES I TO ADD THERETO II ALGONQUIN ROAD I FROM JOSEPH
SCHWAB ROAD TO LEE-MANNHEIM ROAD, NO PARKING NORTH SIDE
OF STREET;" AND AMENDING SECTION 10-6-16(D) "SPEED
RESTRICTIONS," OF CHAPTER 6, TITLE X, TO DELETE
"ALGONQUIN ROAD, FROM WOLF ROAD TO LEE-MANNHEIM ROAD" TO
DES PLAINES-RIVER ROAD; 11 AND FURTHER AMENDING SECTION 10-
16-3 "THREE TONS MAXIMUM" OF CHAPTER 16, TITLE X, TO ADD
"ALGONQUIN ROAD, FROM LEE-MANNHEIM ROAD TO DES PLAINES-
RIVER ROAD. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 1-Alderman Christiansen voted no on Section 1
ABSENT: 0-None
Motion declared carried.
Moved by Chiropolos, seconded by Beauvais, to concur with
recommendation of Committee of the Whole and approve
Change Order #1 through #12 to contract under Local
Agency Agreement for Federal Participation with Illinois
Department of Transportation (!DOT) for improvements to
intersection of Des Plaines-River Road at Algonquin Road
between the Wisconsin Central Railroad and Des Plaines-
iftn
ALGONQUIN RD.
(Cont'd.)
ENGR. SVS.
AMENDMENT/
ALGONQUIN
RD. IMPRV.:
CHANGE ORDER/
WEST SIDE
TRANSMISSION
WATER MAIN:
RESOLUTION
R-65-93
WARRANT
REGISTER:
ASSIGNMENT
OF LEASE/
1700 HIGGINS
CENTRE
(WEBSTER
LANE):
69.
11/1/93
PAGE SIX
River Road (approved on December 21, 1992), for various
items at additional cost to the City of $12,091.10/1991
Bond Funds. Upon roll call, the vote was:
AYES: 7-Beauvais, Elstner, Kisslinger, Curley, Sarlo,
Chiropolos, Haupt
NAYS: !-Christiansen
ABSENT: 0-None
Motion declared carried.
Moved by Chiropolos, seconded by Beauvais, to concur with
recommendation of Committee of the Whole to approve
amendment to contract with Peter F. Olesen and
Associates, Inc., 500 w. Central Road, Suite 205, Mt.
Prospect, IL 60056, for additional engineering work for
improvements to intersection of Des Plaines-River Road
at Algonquin Road and improvement of Algonquin Road
between the Wisconsin Central Railroad and Des Plaines-
Ri ver Road for a total amount of $62, 187. 49 with the
City's cost being $15,546.87/1991 Bond Funds. Upon roll
call, the vote was:
AYES: 7-Beauvais, Elstner, Kisslinger, Curley, Sarlo,
Chiropolos, Haupt
NAYS: !-Christiansen
ABSENT: 0-None
Motion declared carried.
Moved by Chiropolos, seconded by Beauvais, to concur with
recommendation of Committee of the Whole to approve
Change order #2 to contract with Swallow Construction
Company, 312 E. 18th Street, Lombard, IL 60148 (for West
Side Transmission Water Main Project), for additional
costs involved to remediate the contaminated soils within
Howard Avenue concurrent with pipeline installation, in
the amount of $185,500/1991 Bond Funds. 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 Haupt, seconded by Sarlo, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-65-93, 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:
$1,947,123.93. 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 Curley, seconded by Kisslinger, to suspend the
rules to permit Attorney Mark Gershon, representing
Travelers Life and Annuity Company, to address the
Council. Upon roll call, the vote was:
AYES: 5-Beauvais, Kisslinger, Curley, Chiropolos,
Sherwood
NAYS: 4-Christiansen, Elstner, Sarlo, Haupt
ABSENT: 0-None
Motion declared carried.
Mr. Mark Gershon stated that in 1984 the City leased a
portion of Webster Lane to Philip I. Mappa and Higgins
Centre Venture for 99 years for sole use as a Flood
Control Retention Facility. Higgins Venture has since
been taken over by Travelers Life and Annuity Company.
Travelers is requesting that the City consent to its sale
of the property to ZML-1700 Higgins Centre Limited
Partnership.
LEASE AGREE.
(Cont'd.)
MORATORIUM ON
GUN SHOPS:
EXECUTIVE
SESSION:
ADJOURNMENT:
70.
11/1/93
PAGE SEVEN
Moved by Curley, seconded by Kisslinger, that City
consent to mortgage of the September 14, 1984 lease by
ZML-1700 Higgins Centre Limited Partnership, the
purchaser, to Travelers Life and Annuity Company, and
that Mayor and City Clerk be authorized to execute letter
indicating consent, providing notices to Travelers Life
and Annuity Company, accepting the assignment and
assumption of the lease and confirming that it remains
in full force and effect and that the property and the
purchaser will remain bound by the lease. Upon roll
call, the vote was:
AYES: 3-Kisslinger, Curley, Chiropolos
NAYS: 5-Beauvais, Christiansen, Elstner, Sarlo, Haupt
ABSENT: 0-None
Motion declared failed (this matter will come before the
City Council again under Committee of the Whole on
November 15, 1993).
Moved by Sarlo, seconded by Chiropolos, that a moratorium
be placed on gun shops for a three (3) month period
ending February 1, 1994, and Staff be authorized to
analyze pending legislation in Springfield, the Cook
County gun ordinance and City's codes, and report back
to the City Council, and City Attorney be authorized to
draft necessary ordinance. Motion declared carried.
Moved by Curley, seconded by Kiss linger, to go into
Executive Session to discussion pending litigation and
review Law Department's Quarterly Report. Upon roll
call, the vote was:
AYES: 3-Elstner, Kisslinger, Curley
NAYS: 5-Beauvais, Christiansen, Sarlo, Chiropolos,
Haupt
ABSENT: 0-None
Motion declared failed (these matters will come before
the City Council again under Executive Session on
November 15, 1993).
Moved by Curley, seconded by Beauvais, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:04 p.m.
Donna McAllister, CMC/AAE CITY CLERK
CJ
Ted Sherwood, MAYOR