1115937 1 .
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 15, 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 7:02 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, November 15, 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, Deputy Police Chief Randolph, Fire Chief
Farinella, Community Development Director D'Onofrio, City Engineer
Oakley, and City Attorney Wiltse.
PRAYER AND
PLEDGE:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
LIQ. LIC.
1177-79 s.
ELMHURST:
Consent
Agenda
Ordinance
M-57-93
ZONING CASE
93-40-SU
1165-67 LEE:
Ordinance
Z-14-93
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Alderman Christiansen requested that Item 3, 3a, 5, and
5a be removed from the Consent Agenda, and Alderman
Curley requested that Item 14 be removed.
Moved by Sarlo, seconded by Chiropolos, to establish a
Consent Agenda except for Items 3, 3a, 5, 5a, and 14.
Motion declared carried.
Moved by Sarlo, seconded by Beauvais, 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;
Ordinance M-56-93 is adopted; and Ordinance M-57-93, M-
58-93, M-59-93, and M-60-93 are placed on First Reading.
Moved by Sarlo, seconded by Beauvais, to approve minutes
of regular meeting of the City Council held November 1,
1993, as published. Motion declared carried.
Moved by Sarlo, seconded by Beauvais, to concur with
recommendation of Committee of the Whole on November 1,
1993, and approve Class H Liquor License for property
located at 1177-79 s. Elmhurst Road, d/b/a Krung Tep Tai
Restaurant, contingent upon verification of fingerprints,
and further recommend to place on First Reading Ordinance
M-57-93, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE
LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO UPDATE
THE NUMBER OF LICENSES ISSUED (Krung Tep Tai Restaurant,
1177-79 s. Elmhurst Road). Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Christiansen, seconded by Elstner, to concur
with recommendation of Committee of the Whole on November
1, 1993, re Zoning Case 93-40-SU, and grant request for
Special Use to permit Class B Restaurant in C-2 General
Commercial Zoning District on property located at 1165-
1167 Lee Street, and further recommend to advance to
Second Reading and adopt Ordinance Z-14-93, AN ORDINANCE
GRANTING A SPECIAL USE PERMIT PURSUANT TO ARTICLE 8 OF
THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE
OPERATION OF A CLASS B RESTAURANT (EL FAMOUS BURRITO),
IN A C-2 GENERAL COMMERCIAL DISTRICT ON THE PROPERTY
COMMONLY KNOWN AS 1165-67 LEE STREET (CASE NO. 93-40-SU).
ORDINANCE
Z-14-93
(Cont'd.)
PARKING PAD
1537
KINGSTON:
consent
Agenda
TRAFFIC
RESTRICTION
OAKWOOD AVE:
Ordinance
T-12-93
ALLEY
VACATION/
GROVE AVE.:
consent
Agenda
Ordinance
M-58-93
BID AWARD/
ENDLOADER:
Consent
Agenda
ADVERTISING
FOR BID:
Consent
Agenda
APPOINTMENTS/
REAPPOINT.:
Consent
Agenda
72.
11/15/93
PAGE TWO
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 Sarlo, seconded by Beauvais, to concur with
staff recommendation and deny request for Driveway
Variation to permit a 9 1 x 18' Parking Pad adjacent to
existing 16' wide driveway on property located at 1537
Kingston Court. Motion declared carried as approved
unamimously under Consent Agenda.
Moved by Christiansen, seconded by Elstner, to concur
with Staff recommendation and approve installation of a
stop sign on the west approach on Oakwood Avenue at Cora
Street, to replace the present yield sign; a stop bar be
painted in advance of the intersection; enforcement of
plant and fence restrictions at this intersection; and
further recommend to advance to Second Reading and adopt
Ordinance T-12-93, AN ORDINANCE AMENDING SECTION 10-7-4
"YIELD RIGHT OF WAY" OF THE CITY CODE OF DES PLAINES, TO
DELETE OAKWOOD AVENUE AS A YIELD STREET FOR CORA STREET,
AND FURTHER AMENDING SECTION 10-7-2 (A) "ONE WAY STOP
STREETS, 11 TO ADD OAKWOOD AVENUE AS A STOP STREET FOR CORA
STREET, and appropriate signs be posted immediately and
enforced by Police Order. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Sarlo
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Sarlo, seconded by Beauvais, to concur with
Staff recommendation to concur with recommendation of Des
Plaines Plan Commission to grant request for an alley
vacation behind four (4) interior lots on property
located at 307, 313, 323 and 331 Grove Avenue, and
further recommend to place on First Reading Ordinance M-
58-93, AN ORDINANCE VACATING A PORTION OF THE PUBLIC
ALLEY LOCATED BEHIND 307, 313, 323 AND 331 GROVE AVENUE.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sarlo, seconded by Beauvais, to concur with
Staff recommendation and award bid for one ( 1) New
Rubber-Tired Endloader to the lowest bidder, West Side
Tractor Sales, 1560 N. Old Rand Road, Wauconda, IL 60084,
in the amount of $59,227.25. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Beauvais, to concur with
Staff recommendation and authorize City Clerk to
advertise for bids for Shoring Equipment (budgeted item),
returnable by 3:00 p.m., Friday, December 10, 1993.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sarlo, seconded by Beauvais, to concur with
Mayor Sherwood's appointment/reappointments as follows:
DES PLAINES CLEAN COMMUNITY/BEAUTIFICATION COMMISSION
Appointment
Joan Chiropolos, term to expire January 1, 1994
DES PLAINES COMMUNITY HEALTH ADVISORY COMMISSION
Reappointment
Dr. Lowell R. Sherman, term to expire December 31, 1996
Joanne Ward, term to expire December 31, 1996
Motion declared carried as approved unanimously under
Consent Agenda.
APPOINTMENTS
(Cont'd.)
ORDINANCE
M-56-93
WINDOW
DRESSINGS:
Consent
Agenda
ORDINANCE
M-59-93
RESTRUCTURING
OF PUB. WKS.:
Consent
Agenda
ORDINANCE
M-60-93
RESTRUCTURING
OF PUB. WKS.:
Consent
Agenda
ORDINANCE
M-61-93
RESTRUCTURING
OF PUB. WKS.:
COUNCIL
PROCEDURES:
73.
11/15/93
PAGE THREE
Moved by Sarlo, seconded by Beauvais, that the City
Council consider the Mayoral appointment of Robert E.
Olsen to the DES PLAINES CLEAN COMMUNITY/BEAUTIFICATION
COMMISSION with final action being taken under Consent
Agenda on December 6, 1993. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Beauvais, to adopt Ordinance
M-56-93, AN ORDINANCE AMENDING SECTION 8-9-ll(E)
"NUISANCES DECLARED," OF THE CITY CODE OF DES PLAINES,
TO ADD A NEW SUBSECTION 8-9-11 (E) ( 10) , PERTAINING TO
WINDOW DRESSINGS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sarlo, seconded by Beauvais, to place on First
Reading Ordinance M-59-93, AN ORDINANCE AMENDING CHAPTER
12 "COMMISSIONER OF PUBLIC WORKS," OF TITLE I
"ADMINISTRATIVE, " OF THE CITY CODE OF DES PLAINES, IN ITS
ENTIRETY, TO DELETE THE OFFICES AND DUTIES OF
"SUPERINTENDENT OF STREETS" AND "SUPERINTENDENT OF
SEWERS," AND TO REFLECT A NAME CHANGE FROM "COMMISSIONER
OF PUBLIC WORKS" TO "DIRECTOR OF PUBLIC WORKS." Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sarlo, seconded by Beauvais, to place on First
Reading Ordinance M-60-93' AN ORDINANCE AMENDING SCHEDULE
VI-A OF SECTION 1-15-4(A) "CLASSIFICATION PLAN TO CITY
SERVICE," CHAPTER 15, TITLE I, OF THE CITY CODE OF DES
PLAINES, TO DELETE THEREFROM THE POSITIONS OF
"SUPERINTENDENT OF STREETS" AND "SUPERINTENDENT OF
SEWERS" AND TO CHANGE THE TITLE OF "PUBLIC WORKS
COMMISSIONER" TO "DIRECTOR OF PUBLIC WORKS." Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Curley, seconded by Kisslinger, that Section 1-
15-7(E)5 of Ordinance M-61-93 be amended to delete "City
Manager." Upon roll call, the vote was:
AYES: 2-Kisslinger, Curley
NAYS: 6-Beauvais, Christiansen, Elstner, Sarlo,
Chiropolos, Haupt
ABSENT: 0-None
Motion declared failed.
Moved by Sarlo, seconded by Beauvais, to place on First
Reading Ordinance M-61-93, AN ORDINANCE AMENDING SECTION
1-15-7 "APPLICATION AND INTERPRETATION OF COMPENSATION
PLAN" OF CHAPTER 15, TITLE I, OF THE CITY CODE OF DES
PLAINES, TO ADD A NEW SUBSECTION 1-15-7(E) "SPECIAL
PROCEDURES APPLICABLE WHEN POSITION ABOLISHED." Motion
declared carried.
Mayor Sherwood declared that the city council was now
resolved into a Committee of the Whole.
COMMITTEE OF THE WHOLE Mayor Sherwood, Chair
Moved by Kisslinger, seconded by Beauvais, to concur with
Staff recommendation and recommend to the City Council
that Section 9 -Sunset Clause of Ordinance M-24-93 be
deleted, thus officially establishing the new Council
Procedures as outlined in the ordinance, and Ordinance
M-62-93 be adopted at appropriate time this evening.
Moved by Chiropolos, seconded by Christiansen, to
recommend to the City Council a substitute motion to
extend the Sunset Clause from December 12, 1993, three
months to March 12, 1993.
Pf11 =====================--====·======----="-='============-==========-=~~====-----=--=--===---~--~
COUNCIL
PROCEDURES
(Cont'd.)
WARRANT
REGISTER:
1993 TAX
LEVY:
ASSIGNMENT
OF LEASE TO
ZML-1700
HIGGINS CTR. :
LIQ. LIC.
740 N. WOLF:
74.
11/15/93
PAGE FOUR
Ms. Cathy Juell, 292 N. Wolf Road, addressed the Council
and spoke against the new Council Procedures.
Mr. Waldo Junge, 962 Greenview Avenue, addressed the
Council and spoke against the new Council Procedures.
Upon roll call on the substitute motion, the vote was:
AYES: 3-Christiansen, Chiropolos, Haupt
NAYS: 5-Beauvais, Elstner, Kisslinger, Curley, Sarlo
ABSENT: 0-None
Motion declared failed.
Upon roll call on the original motion, the vote was:
AYES: 5-Beauvais, Elstner, Kisslinger, Curley, Sarlo
NAYS: 3-Christiansen, Chiropolos, Haupt
ABSENT: 0-None
Motion declared carried.
FINANCE & ADMINISTRATION Alderman Haupt, Chair
Moved by Haupt, seconded by Sarlo, to recommend to the
City Council approval of the November 15, 1993 Warrant
Register in the amount of $2,269,103.42, and Resolution
R-66-93 be adopted at appropriate time this evening.
Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, to recommend to
the City Council that the City determine a 12% Tax Levy
for 1993 (which could be decreased at some later date if
other sources of revenue are agreed to), and Resolution
R-68-93, indicating this amount, be adopted at
appropriate time this evening.
Mr. Wayne Serb in, 8 3 5 Pearson Street, addressed the
Council asking if they had contacted Park Ridge and other
communities regarding how they reduce their taxes.
Ms. Nikkie Skarbeck, 948 Greenview Avenue, addressed the
Council asking if the Council, when reviewing the budget,
had looked at all the line items, not just the ones that
were affected by the reduction.
Motion declared carried on the motion. Aldermen
Kisslinger, Curley and Mayor Sherwood voted no.
LEGAL & LICENSING Alderman Kisslinger, Chair
Moved by Kisslinger, seconded by Curley, to concur with
Staff recommendation and recommend to the City Council
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, and Resolution
R-67-93 be adopted at appropriate time this evening.
Motion declared carried.
Applicant Rosilda DiNunzio was sworn in by the City Clerk
and gave testimony before the City Council.
Moved by Kisslinger, seconded by Curley, to recommend to
the City Council approval of request for Class E Liquor
License for property located at 740 N. Wolf Road, d/b/a
DiNunzio's Restaurant, contingent upon verification of
fingerprints. Motion declared carried (approval of this
matter by the City Council will come under Consent Agenda
on December 6, 1993).
GUN SHOPS/
SPECIAL USE:
AMENDMENT TO
SPRINKLERING
REQUIREMENTS:
COUNCIL
PROCEDURES:
Ordinance
M-62-93
RESOLUTION
R-66-93
WARRANT
REGISTER:
ASSIGNMENT
OF LEASE/
1700 HIGGINS
CENTRE
(WEBSTER
LANE):
Resolution
R-67-93
75.
11/15/93
PAGE FIVE
COMMUNITY DEVELOPMENT Alderman Sarlo, Chair
Moved by Sarlo, seconded by Chiropolos, to defer the
matter of establishing the Retail and Wholesale Sales of
Firearms or Ammunition by Special Permit only for a
three-month period to the next meeting of the City
Council on December 6, 1993 under Committee of the Whole
-Community Development Committee, for further review and
report. Motion declared carried.
PUBLIC SAFETY Alderman Elstner, Chair
Moved by Chiropolos, seconded by Curley, that the matter
of amending Ordinance M-13-93 regarding the sprinklering
requirement for churches be sent to the Building Code
Committee for further study and review; meeting to be
held Monday, January 10, 1994, at 7:00 p.m. in Room 101.
Mr. Luther Wichmann, 576 Dara James Road, addressed the
City Council and suggested a smoke detection system for
churches rather than a sprinklering system.
Motion declared carried.
Mayor Sherwood assumed the chair, and declared the city
council back in session.
Moved by Kisslinger, seconded by Elstner, to concur with
recommendation of Cammi ttee of the Whole that Section 9 -
Sunset Clause of Ordinance M-24-93 be deleted, thus
officially establishing the new Council Procedures as
outlined in the ordinance, and further recommend to
advance to Second Reading and adopt Ordinance M-62-93,
AN ORDINANCE REPEALING THE SUNSET CLAUSE REGARDING THE
NEW COUNCIL PROCEDURES AND AGENDA. Upon roll call, the
vote was:
AYES: 5-Beauvais, Elstner, Kisslinger, Curley, Sarlo
NAYS: 3-Christiansen, Chiropolos, Haupt
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-66-93, 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:
$2,269,103.42. 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 Sarlo, seconded by Chiropolos, to concur with
recommendation of Committee of the Whole 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 Annunity 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, and further
recommend adoption of Resolution R-67-93, A RESOLUTION
AUTHORIZING THE EXECUTION OF A CONSENT FOR ASSIGNMENT
AGREEMENT WITH ZML-1700 HIGGINS CENTRE LIMITED
PARTNERSHIP AND TRAVELERS LIFE AND ANNUITY COMPANY.
RESOLUTION
R-67-93
(Cont'd.)
1993 TAX
LEVY:
Resolution
R-68-93
EXECUTIVE
SESSION:
CONTRACT/
AFSCME UNION:
HIRING OF
ATTORNEY
FOR MWRD
LAW SUITS:
HIRING OF
PUBLIC WORKS
DIRECTOR:
7 6 .
11/15/93
PAGE SIX
Upon roll call the vote was:
AYES: a-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, to concur with
recommendation of Committee of the Whole that the City
determine a 12% Tax Levy for 1993 (which could be
decreased at some later date if other sources of revenue
are agreed to), and further recommend adoption of
Resolution R-6a-93, A RESOLUTION OF THE CITY COUNCIL TO
DETERMINE THE AMOUNT OF THE AGGREGATE TAX LEVY FOR THE
1993 TAX YEAR. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger,
Sarlo, Chiropolos Haupt
NAYS: 2-Curley, Sherwood
ABSENT: 0-None
Motion declared carried.
Moved by Chiropolos seconded by Sarlo, to go into
Executive Session to discuss labor negotiations and
hiring of employees. Upon roll call, the vote was:
AYES: a-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Council recessed at 9:50 p.m.
Council reconvened at 10:56 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Kisslinger, Curley,
Sarlo, Chiropolos, Haupt.
Moved by Kisslinger seconded by Haupt, that as directed
in Executive Session, the City's union negotiator be
authorized to finalize contract with the AFSCME Union and
prepare necessary documents for review and approval at
the next City Council meeting on December 6, 1993. Upon
roll call, the vote was:
AYES: a-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Kisslinger, seconded by Chiropolos, that as
directed in Executive Session, the City Manager be
authorized to investigate the qualifications of the
attorney who submitted the lowest bid to represent the
City regarding the MWRD Inflow-Infiltration prosecutions
and if the qualifications are substantiated, the City
Manager be authorized to hire this individual. Upon roll
call, the vote was:
AYES: a-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Curley, seconded by Sarlo, to concur with Mayor
Sherwood's appointment of Scott T. Shirley as Director
of Public Works. Upon roll call, the vote was:
AYES: a-Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
ADJOURNMENT:
DAY OF
77.
11/15/93
PAGE SEVEN
Moved by Curley, seconded by Haupt, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 11:01 p.m.
~~Q:
Donna McAllister, CMC/AAE ~~ITY CLERK
7
Ted Sherwood, MAYOR