12069378 .
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,
DECEMBER 6 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 7:04 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, December 6, 1993.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Elstner, Kiss linger, Curley, Sarlo, Chiropolos,
Haupt. Alderman Christiansen was absent. Alderman
Christiansen arrived at 7:07 p.m.
Also present were: City Treasurer Fredricks, City Manager Douthwaite,
City Comptroller Peters, Police Chief Storm, 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 Director Panouses, and City
Attorney Wiltse.
PRAYER AND
PLEDGE:
PUBLIC
HEARING:
CALL TO
ORDER:
DISCUSSION:
CONSENT
AGENDA:
The opening prayer was given by Reverend Mark Wiberg,
Trinity Lutheran Church, 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, DECEMBER 6, 1993
Mayor Sherwood called the Public Hearing to order at 7: 10
p.m. The Public Hearing was held pursuant to legal
notice to give citizens the opportunity to comment on:
1. Proposed property tax abatement up to $835,313 of
1993 Real Estate Taxes from alternative revenues;
these abatements will result in a revised extended
total property tax levy of $12,571,154, which
represents a 11.96% increase over the previous year;
and
2. Approval of proposed 1993 property taxes to be levied
at $13,406,467, which represents a 12.39% increase
over 1992.
Comptroller Peters gave a brief overview. Mayor Sherwood
asked for public comment. There was none.
Public Hearing adjourned at 7:25 p.m.
The City Council reconvened at 7:26 p.m.
Mayor Sherwood requested that Items 4 and 4a be removed
fom the Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to establish a
Consent Agenda except for Items 4 and 4a. Motion
declared carried.
Moved by Beauvais, seconded by Sarlo, 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;
Ordinances M-58-93, M-59-93, M-60-93 and M-61-93 are
adopted, and Ordinances M-64-93, M-66-93 and T-13-93 are
placed on First Reading.
MINUTES:
Consent
Agenda
LIQ. LIC.
740 N. WOLF:
consent
Agenda
ordinance
M-64-93
WEIGHT LIMIT
WEBSTER LANE:
Ordinance
T-13-93
TRUANCY:
CONSENT
AGENDA
Ordinance
M-66-93
BID AWARD/
SCUBA
VEHICLE:
consent
Agenda
BID AWARD/
POLICE
MOTORCYCLE:
Consent
Agenda
BID AWARD/
POLICE CARS:
Consent
Agenda
7 9 .
12/6/93
PAGE TWO
Moved by Beauvais, seconded by Sarlo, to approve minutes
of regular meeting of the City Council held November 15,
1993, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to approve minutes
of Executive Session of the City Council held November
15, 1993. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to concur with
recommendation of Committee of the Whole on November 15,
1993, and approve Class E Liquor License for property
located at 740 N. Wolf Road, d/b/a DiNunzio' s Restaurant,
contingent upon verification of fingerprints, and further
recommend to place on First Reading Ordinance M-64-93,
AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE
LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO UPDATE
THE NUMBER OF LICENSES ISSUED. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Curley, seconded by Sarlo, to concur with Staff
recommendation that City Code be amended to require Three
Ton Maximum Weight Limit on Webster Lane from 163. 5'
south of the south line of Oakton Street to Howard
Avenue, and further recommend to place on First Reading
Ordinance T-13-93, AN ORDINANCE AMENDING SECTION 10-16-3
"THREE TON MAXIMUM WEIGHT," OF CHAPTER 16, TITLE X, OF
THE CITY CODE OF DES PLAINES, TO ADD "WEBSTER LANE, FROM
163.5 FT. SOUTH OF THE SOUTH LINE OF OAKTON STREET TO
HOWARD AVENUE." Motion declared carried.
Moved by Beauvais, seconded by Sarlo, to concur with
recommendation of Alderman Beauvais that City adopt a
Truancy ordinance making it unlawful for any person under
the age of 18 enrolled in a public, private or parochial
school within the corporate limits of the City to absent
himself or herself from attendance at school, during such
period when school is in session, without the permission
of his or her parent or legal guardian for absences for
valid cause, and further recommend to place on First
Reading Ordinance M-66-93, AN ORDINANCE AMENDING TITLE
VI "POLICE REGULATIONS" OF THE CITY CODE OF DES PLAINES,
TO ADD A NEW CHAPTER 16 "TRUANCY. 11 Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation and award bid for one (1) new 1994
Ford E-350 Commercial Cutaway Chassis with American Cargo
12' Aluminum Body or equivalent for the adjusted total
price (including specified rear axle and tilt wheel) of
$21,206 to the low bidder, Northwest Ford Truck Center,
4000 N. Mannheim Road, Franklin Park, IL 60131. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation and award bid for one (1) Harley
Davidson FLHTP Electra Glide Police Motorcycle to the
lowest bidder, Suburban Harley-Davidson, Inc., 2200 N.
Rand Road, Palatine, IL 60074, in the amount of $9,995.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation and authorize purchase of six (6)
1994 Police Cars through State Net Bid Contract #05429AA
from Miles Chevrolet, Inc., 150 W. Pershing Road,
Decatur, IL 62524, in the amount of $14,191.80 each for
a total of $85,150.80/budgeted funds. Motion declared
carried as approved unanimously under Consent Agenda.
APPOINTMENT/
REAPPOINT.:
consent
Agenda
ORDINANCE
M-58-93
ALLEY
VACATION/
GROVE AVE.:
consent
Agenda
ORDINANCE
M-59-93
RESTRUC. OF
PUB. WKS.:
Consent
Agenda
ORDINANCE
M-60-93
RESTRUC. OF
PUB. WKS.:
consent
Agenda
ORDINANCE
M-61-93
RESTRUC. OF
PUB. WKS.:
consent
Agenda
1993 TAX
LEVY:
80.
12/6/93
PAGE THREE
Moved by Beauvais, seconded by Sarlo, to concur with
Mayor Sherwood's appointment of Robert E. Olsen to the
DES PLAINES CLEAN COMMUNITY/BEAUTIFICATION COMMISSION,
term to expire January 1, 1994. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Sarlo, that the City
Council consider the following Mayoral reappointments
with final action being taken under Consent Agenda on
December 20, 1993:
DES PLAINES CLEAN COMMUNITY/BEAUTIFICATION COMMISSION
Robert E. Olsen
Richard Wilson
Kathy Shanahan
Candice Messerschmidt
Joan Chiropolos Motion declared carried.
Moved by Beauvais, seconded by Sarlo, to adopt 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 Beauvais, seconded by Sarlo, to adopt 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 Beauvais, seconded by Sarlo, to adopt 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 Beauvais, seconded by Sarlo, to adopt 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 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 Chiropolos, to recommend to
the City Council approval of 1993 Tax Levy at 12%
contingent upon the results of further discussion on this
matter at a Committee of the Whole meeting on December
15, 1993, and Ordinance M-67-93 be placed on First
Reading at appropriate time this evening. Motion
declared carried.
1994
APPROPRIA-
TIONS:
ABATEMENT/
1990 GO
BONDS:
ABATEMENT/
1991 GO
BONDS:
ABATEMENT/
1993 GO
BONDS:
REFUNDING/
HARTMARX
CORP. EDRB
BONDS:
WARRANT
REGISTER:
LIQ. LIC.
52 NORTHWEST
HIGHWAY:
8 1 •
12/6/93
PAGE FOUR
Moved by Sarlo, seconded by Chiropolos, to recommend to
the City Council approval of the 1994 Appropriations in
the amount of $53, 234, 046, and Ordinance M-68-93 be
placed on First Reading at the appropriate time this
evening. Motion declared carried.
Moved by Chiropolos, seconded by Sarlo, to recommend to
the City Council abatement of the 1990 General Obligation
Bonds in the amount of $220,000, and Ordinance M-69-93
be adopted at appropriate time this evening. Motion
declared carried.
Moved by Chiropolos, seconded by Sarlo, to recommend to
the City Council abatement of the 1991 General Obligation
Bonds in the amount of $477,740, and Ordinance M-70-93
be adopted at appropriate time this evening. Motion
declared carried.
Moved by Chiropolos, seconded by Sarlo, to recommend to
the City Council abatement of the 1993 General Obligation
Bonds in the amount of $137,573, and Ordinance M-71-93
be adopted at appropriate time this evening. Motion
declared carried.
Moved by Chiropolos, seconded by Sarlo, to recommend to
the City Council that the City refund (cancel) the
previous issuance of $8,000,000 of Economic Development
Revenue Bonds, Series 1985 (Hart, Schaffner & Marx);
Bonds be reissued with the parent corporation Hartmarx
as the Obligor (City to receive a refinancing fee in the
amount of $5,000 for this reissuance); and Ordinance M-
72-93 be adopted at appropriate time this evening.
Motion declared carried.
Moved by Haupt, seconded by Sarlo, to recommend to the
City Council approval of the December 6, 1993 Warrant
Register in the amount of $3,254,514.20, and Resolution
R-69-93 be adopted at appropriate time this evening.
Motion declared carried.
LEGAL & LICENSING Alderman Kisslinger, Chair
Representatives from American Drug Stores, Don Lohr -
District Manager, and Larry Anderson -Assisant General
Counsel and Secretary, were sworn in by the City Clerk
and gave testimony before the City Council.
Questions were asked of the two representatives regarding
the status of Cardinal Liquors-Des Plaines store located
next door to the proposed new Osco Drug Store facility.
Mr. Lohr stated that Cardinal Liquors-Des Plaines owner
has agreed to leave in June of 1994, three months before
the opening of the new Osco Drug Store.
Mr. Ernie Olfe, owner of Cardinal Liquors-Des Plaines,
addressed the Council and stated that he has not agreed
to leave in June of 1994 and communication with Jewel
Foods has been very difficult. Mr. Olfe stated that he
would leave in June of 1994, however his lease is not up
until October of 1994 and Jewel Foods will not release
him from that lease.
Moved by Kisslinger, seconded by Chiropolos, that this
matter be tabled until the next City Council meeting on
December 20, 1993 and, in the meantime, all parties
involved meet and work out an amicable solution to this
problem. Upon roll call, the vote was:
AYES: 5-Beauvais, Elstner, Kisslinger, Curley,
Chiropolos
NAYS: 2-Christiansen, Sarlo
ABSTAIN:l-Haupt (conflict of interest)
ABSENT: 0-None
Motion declared carried.
BID AWARD/
SOUND
SYSTEM:
REFUNDING/
HARTMARX
CORP. EDRB
BONDS:
Ordinance
M-72-93
BID AWARD/
SOUND
SYSTEM:
82.
12/6/93
PAGE FIVE
PUBLIC WORKS Alderman Curley, Chair
Moved by Chiropolos, seconded by Sarlo, to recommend to
the City Council that bid for Council Chamber's Sound
Reinforcement System be awarded to the lowest responsible
bidder to meet specifications, Wizdom Audio, Inc., 3353
N. Ridge Avenue, Arlington Heights, IL 60004, for a total
cost of $32,169.91/Bond Funds. Motion declared carried.
Mayor Sherwood assumed the chair, and declared the City
council back in session.
Moved by Haupt, seconded by Sarlo, to concur with
recommendation of Committee of the Whole that the City
refund (cancel) the previous issuance of $8,000,000 of
Economic Development Revenue Bonds, Series 1985 (Hart,
Schaffner & Marx); bonds be reissued with the parent
corporation Hartmarx as the Obliger (City to receive a
refinancing fee in the amount of $5,000 for this
re issuance; that paragraph before Section 1 of Ordinance
M-72-93 be amended to add after the word Illinois, "Cook
County, in the exercise of its Home Rule Powers;" and
further recommend to advance to Second Reading and adopt
Ordinance M-72-93, AN ORDINANCE PROVIDING FOR THE
REFUNDING OF $8, 000, 000 ECONOMIC DEVELOPMENT REVENUE
BONDS (HART, SCHAFFNER & MARX PROJECT) SERIES 1985 OF THE
CITY OF DES PLAINES, ILLINOIS ISSUED ON AUGUST 29, 1985,
THE PROCEEDS OF WHICH WERE USED BY SAID CITY FOR THE
REFUNDING OF $8,000,000 INDUSTRIAL DEVELOPMENT REVENUE
BONDS (HART, SCHAFFNER & MARX PROJECT: 1981) OF SAID CITY
ISSUED ON JULY 14, 1981, THE PROCEEDS OF WHICH WERE USED
BY SAID CITY TO PROVIDE FOR THE FINANCING OF A PROJECT
CONSISTING OF CERTAIN MANUFACTURING FACILITIES IN ORDER
THAT HART, SCHAFFNER & MARX (A SUBSIDIARY OF HARTMARX
CORPORATION) MIGHT BE PROVIDED WITH FACILITIES TO PROMOTE
THE ECONOMIC DEVELOPMENT OF SAID CITY; AUTHORIZING AND
PROVIDING FOR THE ISSUANCE BY SAID CITY OF ITS ECONOMIC
DEVELOPMENT REFUNDING REVENUE BONDS (HARTMARX CORPORATION
PROJECT) SERIES 1993 WHICH WILL BE PAYABLE SOLELY FROM
THE REVENUES AND RECEIPTS FROM A LOAN AGREEMENT;
AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN
AGREEMENT BETWEEN SAID CITY AND HARTMARX CORPORATION
PROVIDING FOR THE REPAYMENT OF SUCH BONDS; AUTHORIZING
THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST
BETWEEN SAID CITY AND THE TRUSTEE NAMED THEREIN PROVIDING
FOR THE PAYMENT OF SAID BONDS; AUTHORIZING THE EXECUTION
AND DELIVERY OF A PURCHASE CONTRACT AMONG THE CITY,
HARTMARX CORPORATION AND THE UNDERWRITER NAMED THEREIN;
AUTHORIZING THE EXECUTION AND DELIVERY OF A TAX EXEMPTION
CERTIFICATE AND AGREEMENT AMONG SAID CITY, HARTMARX
CORPORATION AND THE TRUSTEE NAMED THEREIN; AND RELATED
MATTERS. 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 Chiropolos, to concur with
recommendation of Committee of the Whole that bid for
Council Chamber's Sound Reinforcment System be awarded
to lowest responsible bidder to meet specifications,
Wizdom Audio, Inc., 3353 N. Ridge Avenue, Arlington
Heights, IL 60004, for a total cost of $32,169.91/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.
1993 TAX
LEVY:
Ordinance
M-67-93
1994
APPROPRIA-
TIONS:
Ordinance
M-68-93
ABATEMENT/
1990 GO
BONDS:
Ordinance
M-69-93
ABATEMENT/
1991 GO
BONDS:
Ordinance
M-70-93
ABATEMENT
1993 GO
BONDS:
Ordinance
M-71-93
RESOLUTION
R-69-93
WARRANT
REGISTER:
83.
12/6/93
PAGE SIX
The Committee of the Whole recommended earlier in the
meeting approval of 1993 Tax Levy at 12% contingent upon
the results of further discussion on this matter at a
Committee of the Whole meeting on December 15, 1993, and
further recommended to place on First Reading Ordinance
M-67-93, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES
PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 1993 AND ENDING DECEMBER 31, 1993.
The Committee of the Whole recommended earlier in the
meeting approval of the 1994 Appropriations in the amount
of $53,234,046, and further recommended to place on First
Reading Ordinance M-6a-93, AN ORDINANCE MARKING
APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES
PLAINES FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL
APPROPRIATION BILL" FOR THE FISCAL YEAR ENDING DECEMBER
31, 1994.
Moved by Haupt, seconded by Sarlo, to concur with
recommendation of Committee of the Whole and abate the
1990 General Obligation Bonds in the amount of $220,000,
and further recommend to advance to Second Reading and
adopt Ordinance M-69-93, ABATEMENT OF 1993 TAX LEVY FOR
GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1990.
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 Haupt, seconded by Sarlo, to concur with
recommendation of Committee of the Whole and abate the
1991 General Obligation Bonds in the amount of $477,740,
and further recommend to advance to Second Reading and
adopt Ordinance M-70-93, ABATEMENT OF 1993 TAX LEVY FOR
1991 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. 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 Haupt, seconded by Sarlo, to concur with
recommendation of Committee of the Whole and abate the
1993 General Obligation Bonds in the amount of $137,573,
and further recommend to advance to Second Reading and
adopt Ordinance M-71-93, ABATEMENT OF 1993 TAX LEVY FOR
GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 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 Haupt, seconded by Sarlo, to concur with
recommendation of Committee of the Whole to adopt
Resoluion R-69-93, 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:
$3,254,514.20. 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.
EXECUTIVE
SESSION:
POSITION OF
DEPUTY POLICE
CHIEF:
ADJOURNMENT:
84.
12/6/93
PAGE SEVEN
Moved by Chiropolos seconded by Sarlo, to go into
Executive Session to discuss hiring of employees and
potential litigation. 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.
Council recessed at 9:35 p.m.
Council reconvened at 10:33 p.m.
Roll call indicated the
Beauvais, Christiansen,
Sarlo, Chiropolos, Haupt.
following aldermen
Elstner, Kisslinger,
present:
Curley,
Moved by Elstner, seconded by Chiropolos, to eliminate
the position of Deputy Police Chief, and City Attorney
be authorized to draft necessary ordinance. 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, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:35 p.m.
~~Q~o(
Donna McAllister, CMC/AAE -CITY CLERK
APPROV~~~~-=S u
DAY OF ~ , 1993 ~~
Ted Sherwood, MAYOR