12209388.
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 20, 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, December 20, 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 7:05 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 Merriman, and City
Attorney Wiltse.
PRAYER AND
PLEDGE:
PUBLIC
HEARING:
CALL TO
ORDER:
DISCUSSION:
CONSENT
AGENDA:
MINUTES:
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, DECEMBER 20, 1993
Mayor Sherwood called the Public Hearing to order at 7:02
p.m. The Public Hearing was held pursuant to legal
notice to give citizens the opportunity to comment on the
City's Grantee Performance Report (GPR) for Federal
Fiscal Year 1993, which is the City's annual report to
the U.S. Department of Housing and Urban Development
(HUD) concerning activities using Community Development
Block Grant (CDBG) funds, and said report to be submitted
to HUD before December 31, 1993 (final action on this
matter to be taken under Consent Agenda this evening).
Mayor Sherwood asked for public comment. There was none.
Public Hearing adjourned at 7:03 p.m.
The City Council reconvened at 7:04 p.m.
Moved by Haupt, seconded by Sarlo, to establish a Consent
Agenda. 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-64-93, M-66-93, M-68-93 and T-13-93 are
adopted; Ordinances M-73-93, and M-74-93 are placed on
First Reading; and Resolution R-70-93 is adopted.
Moved by Beauvais, seconded by Sarlo, to approve minutes
of regular meeting of the City Council held December 6,
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 December
6, 1993. Motion declared carried as approved unanimously
under Consent Agenda.
MINUTES
(Cont'd.)
GRANTEE
PERFORMANCE
REPORT:
consent
Agenda
COMPREHENSIVE
HOUSING
AFFORDABILITY
STRATEGY:
Consent
Agenda
Resolution
R-70-93
JURISDICT.
TRANSFER/
THACKER ST. :
Consent
Agenda
Ordinance
M-74-93
BID AWARD/
SHORING EQP.:
consent
Agenda
REAPPOINT.:
Consent
Agenda
ORDINANCE
M-73-93
DEP. POLICE
CHIEF:
consent
Agenda
89.
12/20/93
PAGE TWO
Moved by Beauvais, seconded by Sarlo, to approve minutes
of special meeting of the City Council held December 13,
1993, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation and approve City's Annual Grantee
Performance Report to U. s. Department of Housing and
Urban Development (HUD) concerning activities using
Community Development Block Grant funds for the period
September 30, 1992 through September 29, 1993, and Mayor
be authorized to execute necessary documents and submit
this report to HUD by December 31, 1993. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation and approve final draft of the
Comprehensive Housing Affordability Strategy (CHAS);
Mayor be authorized to execute necessary documents and
submit this report to HUD by December 31, 1993; and
further recommend to adopt Resolution R-70-93, A
RESOLUTION APPROVING THE CITY OF DES PLAINES'
COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS).
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation and approve Local Agency Agreement
with County of Cook and Illinois Department of
Transportation to transfer the jurisdiction of Thacker
Street right-of-way from Lee Street to Des Plaines-River
Road upon reconstruction of the roadway by Cook County;
Mayor and City Clerk be authorized to execute necessary
documents; and further recommend to place on First
Reading Ordinance M-74-93, AN ORDINANCE PERTAINING TO THE
ADDITION OF THACKER STREET, BETWEEN THE LIMITS OF LEE
STREET AND DES PLAINES-RIVER ROAD, TO THE MUNICIPAL
STREET SYSTEM, AT A FUTURE DATE. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to concur with
Staff recommendation and award bid for Public Works
Shoring Equipment to the lowest bidder, Casey Equipment
Company, Inc., 1603 E. Algonquin Road, Arlington Heights,
IL 60005, in the amount of $11,567.20, using budgeted
funds for air compressor. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to concur with
Mayor Sherwood's reappointments to the DES PLAINES CLEAN
COMMUNITY/BEAUTIFICATION COMMISSION as follows:
Robert E. Olsen, term to expire January 1, 1995
Richard Wilson, term to expire January 1, 1996
Kathy Shanahan, term to expire January 1, 1996
Candice Messerschmidt, term to expire January 1, 1995
Joan Chiropolos, term to expire January 1, 1995
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to place on First
Reading Ordinance M-73-93, AN ORDINANCE AMENDING SCHEDULE
II-A "POLICE GROUP" OF SECTION 11-15-4 "CLASSIFICATION
PLAN TO THE CITY SERVICE, 11 OF CHAPTER 15, TITLE I, OF THE
CITY CODE OF DES PLAINES, TO DELETE THE POSITION OF
"DEPUTY POLICE CHIEF, 11 AND FURTHER DELETING SECTION 3-1-4
"DEPUTY CHIEF OF POLICE," OF CHAPTER 1, TITLE III, IN ITS
ENTIRETY. Motion declared carried as approved
unanimously under Consent Agenda.
ORDINANCE
M-64-93
LIQ. LIC.
740 N. WOLF:
consent
Agenda
ORDINANCE
M-66-93
TRUANCY:
Consent
Agenda
ORDINANCE
M-68-93
1994
APPROPRIA.:
Consent
Agenda
ORDINANCE
T-13-93
LOAD LIMIT/
WEBSTER LN. :
consent
Agenda
90.
12/20/93
PAGE THREE
Moved by Beauvais, seconded by Sarlo, to adopt 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 (DiNunzio' s Restaurant, 740
N. Wolf Road) . Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to adopt 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 adopt Ordinance
M-68-93 (as amended), 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.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Beauvais, seconded by Sarlo, to adopt 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 as approved unanimously
under Consent Agenda.
Mayor Sherwood declared that the City council was now
resolved into a Committee of the Whole.
PUBLIC WORKS Alderman Curley, Chair
LEAF /Moved by Chiropolos, seconded by Kisslinger, to recommend
DISPOSAL: to the City Council that contract with West Central
Municipal Conference, 740 Hillgrove Avenue, Western
(OVER) Springs, IL 60058 (approved on November 1, 1993) for 1993
Fall Leaf Composting Program be revised to allow the
pickup, hauling and disposal of leaves to the disposal
site by West Central Municipal Conference's approved
contractor, R. Smits & Sons, 8848 Stark Drive, Hinsdale,
IL 60521, at a fee of $4.15 per cubic yard for a maximum
fee of $68,000, as provided for in the contract with West
Central Municipal Conference; R. Smits & Sons to provide
Certificate of Insurance; and it is the City Council's
specific direction that it is in the best interest of the
City to waive the competitive bidding requirements of
Section 1-16-21.5(A) of the City Code as they apply to
R. Smits & Sons.
Moved by Christiansen, seconded by Beauvais, to adopt
substitute motion that proposals received for pick up,
hauling and disposal of leaves be rejected and the City
go out for sealed bids for this project.
Mr. Jim Brookman, 1847 Ash Street, stated that there was
a referendum in March, 1992, requiring sealed bids for
services or purchases over $5,000, which passed
overwhelmingly. Mr. Brookman stated he believes the
intent was clear, but that the aldermen are not doing
what was mandated, which gives an appearance of
impropriety. '
Mr. Jack Flynn, 1271 Fargo Avenue, stated that trucks are
already hauling the leaves and this action is after the
fact; he questions the entire procedure.
1/3/94 Addition
"Attorney Gary E. Cooke, 360 N. Michigan Avenue, Chicago,
IL 60601, representing Albrecht Enterprises, stated that
the bidding process followed by the City in this matter was
fundamentally flawed in that sealed bids were not received
as required by City ordinance, and that his client was
frozen out of the process because only certain contractors
were contacted for proposals."Om,
LEAF
DISPOSAL
(Cont'd.)
LIQ. LIC.
5 2 N. W. HWY. :
Tabled Item
ZONING CASE
93-42-A
450 WESTERN:
EXCESS WORK.
COMPENSATION
INSURANCE:
TPA
SERVICES:
9 1 .
12/20/93
PAGE FOUR
City Attorney Wiltse responded that the City ordinance
allows the waiver of competitive bidding at the Council's
specific direction and finding that it is in the best
interest of the City to do so.
Upon roll call on the substitute motion, the vote was:
AYES: !-Christiansen
NAYS: 7-Beauvais, Elstner, Kisslinger, Curley, Sarlo,
Chiropolos, Haupt
ABSENT: 0-None
Motion declared failed.
Upon roll call on the original motion, the vote was
AYES: 7-Beauvais, Elstner, Kisslinger, Curley, Sarlo,
Chiropolos, Haupt
NAYS: 1-Christiansen
ABSENT: 0-None
Motion declared carried.
LEGAL & LICENSING Alderman Kisslinger, Chair
Moved by Kisslinger, seconded by Chiropolos, to take from
the table the matter of a requested Class B Liquor
License for property located at 52 Northwest Highway,
d/b/ a Osco Drug, tabled at City Council meeting held
December 6, 1993, in order for all parties involved to
meet and work out an amicable solution to the problem
involving the status of Cardinal Liquors-Des Plaines
store located next door to the proposed new Osco Drug
Store facility. Motion declared carried.
Representatives from American Drug Stores, Don Lohr -
District Manager and Larry Anderson -Assistant General
Counsel and Secretary; and Cardinal Liquors-Des Plaines
owner, Ernie Olfe, were in attendance and addressed the
City Council. It was stated by all parties that a mutual
agreement has been reached on this matter.
Moved by Kisslinger, seconded by Beauvais, to recommend
to the City Council approval of Class B Liquor License
for property located at 52 Northwest Highway, d/b/a Osco
Drug. Motion declared carried. Alderman Haupt
abstained.
COMMUNITY DEVELOPMENT Alderman Sarlo, Chair
Moved by Sarlo, seconded by Chiropolos, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
recommend to the City Council approval of request for
Text Amendment, Zoning Case 93-42-A, to change present
Zoning District from R-2 Single Family Residential to R-5
Multi-Family Residential on property located at 450
Western Avenue. Motion declared carried.
FINANCE & ADMINISTRATION Alderman Haupt, Chair
Moved by Haupt, seconded by Sarlo, to recommend to the
City Council that City accept proposal from James M.
Golden Association, Ltd., 3201 Old Glenview Road,
Wilmette, IL 60091, for 1994 Excess Worker's Compensation
Insurance at an estimated annual premium of $38, 242,
effective January 1, 1994. Motion declared carried.
Moved by Haupt, seconded by Beauvais, to recommend to the
City Council that City extend contract for two (2) months
with Custard Claims Management Services, Inc., 2340 s.
Des Plaines-River Road, Des Plaines, to administer claims
handling and subrogation services at the current monthly
cost of $4,372.50, for a total of $8,745, and Staff be
authorized to prepare and solicit Requests for Proposals~
TPA SVS.
(Cont'd.)
WARRANT
REGISTER:
REVENUE
ALTERNATIVES:
Ambulance Fee
Hotel-Motel
Tax
Real Estate
Transfer
Tax
Vehicle
Sticker Fee
92.
12/20/93
PAGE FIVE
for these services for City Council consideration in
February of 1994. Motion declared carried.
Moved by Haupt, seconded by Sarlo, to recommend to the
City Council that Payment #7 to Palumbo Bros., Inc., in
the amount of $77,053.23, be removed from the December
20, 1993 Warrant Register. Motion declared carried.
Moved by Beauvais, seconded by Chiropolos, to recommend
to the City Council approval of the December 20, 1993
Warrant Register, as amended, in the amount of
$2,430,185.26, and Resolution R-71-93 be adopted at
appropriate time this evening. Motion declared carried.
Moved by Beauvais, seconded by Christiansen, to recommend
to the City Council that the proposal that the City
collect a net $250,000 in ambulance fees for Fiscal Year
1994 be lowered to $150,000 and this fee apply to non-
residents only.
Moved by Curley, seconded by Chiropolos, to recommend to
the City Council a substitute motion that City collect
a net $250,000 in ambulance fees for Fiscal Year 1994,
and Staff be authorized to prepare options for ambulance
fee structure and report back to City Council.
Mr. Jim Brookman, 1847 Ash Street, stated that he is
concerned that people will hesitate to call an ambulance
because of the fee involved.
Upon roll call on the substitute motion, the vote was:
AYES: 5-Elstner, Kisslinger, Curley, Chiropolos, Haupt
NAYS: 3-Beauvais, Christiansen, Sarlo
ABSENT: 0-None
Motion declared carried.
Moved by Chiropolos, seconded by Curley, to recommend to
the City Council that the City approve an increase of one
percent (1%) in the City's Hotel-Motel Tax, for a total
tax of 4%. Upon roll call, the vote was:
AYES: 6-Elstner, Kisslinger, Curley, Sarlo,
Chiropolos, Haupt
NAYS: 2-Beauvais, Christiansen
ABSENT: 0-None
Motion declared carried.
Moved by Chiropolos, seconded by Curley, to recommend to
the City Council that City approve increase in the Real
Estate Transfer Tax of one dollar per thousand dollars
of selling price (paid by the seller), and exempt sales
for homeowners moving within the corporate City limits.
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 Chiropolos, seconded by Curley, to recommend to
the City Council that City approve increase in Vehicle
Sticker Fee from $15 to $20 per automobile; proportionate
increase in sticker fee for trucks; and senior citizen
fee be increased from $3 to $5.
Moved by Sarlo, seconded by Beauvais, to recommend to the
City Council a substitute motion that City approve
increase in Vehicle Sticker Fee from $15 to $25 per
automobile; proportionate increase in sticker fee for
trucks; and senior citizen fee be increased from $3 to
$5. Upon roll call, the vote was:
AYES: 5-Beauvais, Elstner, Kisslinger, Sarlo, Sherwood
NAYS: 4-Christiansen, Curley, Chiropolos, Haupt
ABSENT: 0-None
Motion declared carried.
REVENUES
(Cont'd.)
Permit &
License Fee
Property
Tax Levy
CONTRACT
AFSCME UNION:
ORDINANCE
M-67-93
1993 TAX
LEVY:
LEAF
DISPOSAL:
RESOLUTION
R-71-93
WARRANT
REGISTER:
93.
12/20/93
PAGE SIX
Moved by Chiropolos, seconded by Beauvais, to recommend
to the City Council that City approve across-the-board
ten percent (10%) increase in all permit and license fees
(except for vehicle stickers). 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 Chiropolos, seconded by Elstner, to recommend
to the City Council that City modify the tax levy
increase from twelve percent (12%), tentatively approved
on December 6, 1993, to five percent (5%), and Ordinance
M-67-93 be amended accordingly and adopted at appropriate
time this evening. 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.
Mayor Sherwood assumed the chair. and declared the City
council back in session.
Moved by Curley, seconded by Elstner, to table
consideration of the contract with the AFSCME Union and
the related Ordinance M-65-93 until the meeting of the
City Council on January 17, 1993. Motion declared
carried.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance M-67-93, as amended, 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. 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, to concur with
recommendation of Committee of the Whole that contract
with West Central Municipal Conference, 740 Hillgrove
Avenue, Western Springs, IL 60058 (approved on November
1, 1993) for 1993 Fall Leaf Composting Program be revised
to allow the pickup, hauling and disposal of leaves to
the disposal site by West Central Municipal Conference's
approved contractor, R. Smits & Sons, 8848 Stark Drive,
Hinsdale, IL 60521, at a fee of $4.15 per cubic yard for
a maximum fee of $68,000, as provided for in the contract
with West Central Municipal Conference; R. Smits & Sons
to provide Certificate of Insurance; and it is the City
Council's specific direction that it is in the best
interest of the City to waive the competitive bidding
requirements of Section 1-16-21.5(A) of the City Code as
they apply to R. Smits & Sons. 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 Haupt, seconded by Sarlo, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-71-93, 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
RESOLUTON
R-71-93
(Cont'd.)
CONTRACT
AFSCME UNION:
EXECUTIVE
SESSION:
SETTLEMENT
AUTHORITY:
ADJOURNMENT:
PAGE SEVEN
94.
12/20/93
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$2,430,185.26. 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 City Council agreed to take up the matter of the
AFSCME Union contract and Ordinance M-65-93, tabled
earlier in the evening to January 17, 1993, in Executive
Session at the next City Council meeting on January 3,
1994.
Moved by Beauvais, seconded by Kisslinger, to go into
Executive Session to discuss pending litigation. Upon
roll call, the vote was:
AYES: 7 !-Beauvais, Gba<';stjas•an, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: L tf-Neffe' CH-~&S'\"'i-AN~~
ABSENT: 0-None
Motion declared carried.
Council recessed at 9:39 p.m.
Council reconvened at 9:47 p.m.
Roll call indicated the
Beauvais, Christiansen,
Sarlo, Chiropolos, Haupt.
following aldermen present:
Elstner, Kisslinger, Curley,
Moved by Kisslinger, seconded by Haupt, to authorize City
Attorney to negotiate settlement of law suit as directed
in Executive Session. Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:51 p.m.
~ma:
Donna McAllister, CMC/AAE CITY CLERK
APPROVED BY ME THIS Jo
DAY o~ ««AAA , 1994 ~~
Ted Sherwood, MAYOR --------------