05/01/1995ROLL CALL:
74.
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, MAY
1, 1995
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, May 1, 1995.
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 Sturlini, Fire Chief Farinella,
Public Works Director Shirley, City Engineer Oakley, Building Official
Duchesne, Emergency Communications Director Ornberg, Human Resources and
Services Department Director Merriman, and City Attorney Wiltse.
PRAYER AND
PLEDGE:
CONSENT
AGENDA:
The opening prayer was given by Reverend E. M. Lionikis,
St. John Baptist Greek Church, followed by the Pledge of
Allegiance to the Flag.
Moved by Sarlo, seconded by Elstner, to establish a
Consent Agenda. Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, 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 minutes are approved. The Staff recommendations and
requests are approved; Ordinances M- 22 -95, T -2 -95, 2-10 -
95 and Z -11 -95 are adopted; Ordinances M -25 -95 and Z -12-
95 are placed on First Reading; and Resolutions R -26 -95
and R -27 -95 are adopted.
MINUTES: Moved by Sarlo, seconded by Chiropolos, to approve
Consent minutes of regular meeting of the City Council held April
Agenda 17, 1995, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to approve
minutes of Executive Session held April 17, 1995. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sarlo, seconded by Chiropolos, to approve
minutes of Special meeting of the City Council held April
20, 1995, as published. Motion declared carried as
approved unanimously under Consent Agenda.
BID AWARD/ Moved by Sarlo, seconded by Chiropolos, to concur with
ADA DOOR recommendation of Committee of the Whole on April 17,
LOCKS AND 1995, that bid for furnishing and installation of A.D.A
LEVERS: Locks and Levers for Police Department and Library be
Consent awarded to the lowest bidder, Anderson Lock Company, P.O.
Agenda Box 2294, Des Plaines, in the total amount of
$21,307.51/1993 G.O. Capital Projects Fund. Motion
declared carried as approved unanimously under Consent
Agenda.
SALE BY Moved by Sarlo, seconded by Chiropolos, to concur with
AUCTION/ Staff recommendation to authorize sale by auction through
CITY - OWNED the Northwest Municipal Conference on Saturday, May 13,
PROPERTY: 1995, two (2) Fire Department vehicles; two (2) Police
Consent Department vehicles; two (2) motorcycles; and one truck
Agenda (seized by Police Department); and further recommend to
place on First Reading Ordinance M- 25 -95, AN ORDINANCE
ORDINANCE
M -25 -95
(Cont'd.)
ZONING CASE
95 -29 -A
TEXT AMEND./
STORAGE
TANKS:
Consent
Agenda
Ordinance
2 -12 -95
USE OF MFT
FUNDS /1995
STREET
RECONSTRUC.:
Consent
Agenda
Resolution
R -26 -95
REDEV. AGMT./
"TRIANGLE"
PROJECT:
Consent
Agenda
Resolution
R -27 -95
BID AWARD/
STORAGE TANK/
1274 RAND:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
PAGE TWO
75.
5/1/95
AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL
PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
recommendation of Des Plaines Zoning Board of Appeals and
Staff recommendation re Zoning Case 95 -29 -A, to approve
Text Amendment to delete ground level fuel storage tanks
in any commercial and manufacturing zoning district as
a Special Use only; and further recommend to place on
First Reading Ordinance Z- 12 -95, AN ORDINANCE AUTHORIZING
A TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING
ORDINANCE, TO DELETE SECTIONS 4.1.2.33, 4.2.2.53,
4.3.2.10, 4.4.1.53, OF ARTICLE 4 "COMMERCIAL DISTRICT
REGULATIONS," AND SECTIONS 5.1.2.3, 5.2.2.7, AND 5.3.2.7
OF ARTICLE 5 "MANUFACTURING DISTRICT," WHICH PERMIT
GROUND LEVEL FUEL STORAGE TANKS ONLY AS A SPECIAL USE
(CASE NO. 95- 29 -A). Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation that City Clerk be authorized to
execute and certify IDOT resolution appropriating the sum
of $800,000 of Motor Fuel Tax Funds for 1995 Street
Reconstruction; MFT Section 95 -00168 FP, Plans and
Specifications 1995 Capital Improvements; and further
recommend to adopt Resolution R- 26 -95, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DES PLAINES, AUTHORIZING
THE CITY CLERK TO CERTIFY A "RESOLUTION FOR IMPROVEMENT
BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE," FOR MFT
SECTION 95 -00168 FP STREET RECONSTRUCTION. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation and formalize action taken at a
Special Meeting of the City Council on April 20, 1995,
authorizing the execution of a Redevelopment Agreement
between the City and River Development, LLC, for the
"Triangle" Project (River Road, Miner Street, Pearson
Street); and further recommend to adopt Resolution R -27-
95, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO
ENTER INTO A REDEVELOPMENT AGREEMENT WITH RIVER
DEVELOPMENT, LLC. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation and award bid for Underground
Storage Tank Corrective Action for 1274 E. Rand Road to
the lowest bidder, American Waste Haulers, Inc., 2010 W.
Madison Street, Maywood, IL 60153, in the amount of
$39,820 /Risk Management Funds. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Emergency Vehicle Light
Bars /Sirens /Public Address /Switching Systems, returnable
by 3:00 p.m., Friday, May 19, 1995. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Remodeling of Men's Facilities at
Public Works Department, returnable by 3:00 p.m., Friday,
May 26, 1995. Motion declared carried as approved
unanimously under Consent Agenda.
APPOINTMENTS/
REAPPOINT.:
Consent
Agenda
ORDINANCE
M -22 -95
MEMBERSHIP/
COMM. HEALTH
ADV. COMM.:
Consent
Agenda
ORDINANCE
T -2 -95
LOAD LIMIT./
REBID. AREA:
Consent
Agenda
ORDINANCE
Z -10 -95
TEXT AMEND.
DANCE HALLS:
Consent
Agenda
ORDINANCE
Z -11 -95
VARIATION/
1040 THACKER:
Consent
Agenda
WARRANT
REGISTER:
76.
5/1/95
PAGE THREE
Moved by Sarlo, seconded by Chiropolos, to concur with
Mayor Sherwood's appointments /reappointments as follows:
DES PLAINES ELECTRICAL COMMISSION - Reappointment
Richard Hassman, term to expire April 30, 1996
DES PLAINES HUMAN SVS. ADV. COMMISSION - Reappointments
Terry Just, term to expire January 31, 1998
Lawrence Swanson, term to expire January 31, 1998
Jerry Warchol, term to expire January 31, 1998
DES PLAINES ECONOMIC DEVEL. COMMISSION - Reappointments
Robert Bowman, term to expire April 30, 1999
Jim Carroll, term to expire April 30, 1999
Greg Johnson, term to expire April 30, 1999
Louis Capozzoli, term to expire April 30, 1999
Ralph Martin, term to expire April 30, 1999
DES PLAINES ZONING BOARD OF APPEALS - Reappointment
A. W. Seegers, term to expire April 30, 2000
DES PLAINES BD. OF FIRE & POLICE COMM. - Reappointment
William Connolly, term to expire April 30, 1998
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance M- 22 -95, AN ORDINANCE AMENDING CHAPTER 1
"COMMUNITY HEALTH ADVISORY COMMISSION" OF TITLE II, OF
THE CITY CODE OF DES PLAINES, TO INCREASE THE COMMISSION
MEMBERSHIP TO SEVEN (7) MEMBERS. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance T -2 -95, AN ORDINANCE AMENDING SECTION 10 -16 -3
"THREE TONS MAXIMUM WEIGHT" OF CHAPTER 16 "LOAD
LIMITATIONS ON CERTAIN STREETS," TITLE X OF THE CITY CODE
OF DES PLAINES, TO PROHIBIT VEHICLES EXCEEDING FOUR TONS
GROSS WEIGHT ON RESIDENTIAL STREETS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance Z- 10 -95, AN ORDINANCE AUTHORIZING A TEXT
AMENDMENT TO SECTIONS 4.2.2.13 AND 4.4.1.56 OF ARTICLE
4 "COMMERCIAL DISTRICT REGULATIONS" OF THE CITY OF DES
PLAINES ZONING ORDINANCE, TO PROVIDE FOR DANCE HALLS AS
A "SPECIAL USE ONLY" (CASE NO. 95- 21 -A). Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance Z- 11 -95, AN ORDINANCE GRANTING A VARIATION TO
SECTION 3.1.2 OF THE CITY OF DES PLAINES ZONING
ORDINANCE, TO PERMIT THE OPERATION OF A FOOD /CLOTHING
FAMILY ASSISTANCE CENTER FOR LOW AND MODERATE INCOME
RESIDENTS, ON THE PROPERTY COMMONLY KNOWN AS WEST SCHOOL,
1040 THACKER STREET, IN R -2 SINGLE FAMILY DISTRICT (CASE
NO. 95- 23 -V). Motion declared carried as approved
unanimously under Consent Agenda.
Mayor Ted Sherwood declared that the City Council was now
resolved into a Committee of the Whole.
FINANCE & ADMINISTRATION - Alderman Haupt, Chair
Moved by Sarlo, seconded by Christiansen, to concur with
Staff recommendation and recommend to the City Council
approval of May 1, 1995 Warrant Register in the amount
of $1,448,875.22; and Resolution R -28 -95 be adopted at
appropriate time this evening. Motion declared carried.
LIO. LIC./
2300 8.
MANNHEIM:
LIO. LIC./
2179 E.
TOUHY AVE.:
ZONING CASE
95 -28 -V
ONE BAKE -
LINE PLAZA:
SALE OF
180 E.
THACKER:
PAGE FOUR
77.
LEGAL & LICENSING - Alderman Kisslinger, Chair
5/1/95
Petitioner James Verros was sworn in by the City Clerk
and gave testimony before the City Council. Partners
Peter Diamond, Thomas Diamond and John Kalyviaris were
also in attendance.
Moved by Haupt, seconded by Chiropolos, to recommend to
the City Council approval of change of ownership of Class
A -2 Liquor License for property located at 2300 S.
Mannheim Road, d /b /a Fountain Blue Restaurant, contingent
upon verification of fingerprints. Motion declared
carried.
Petitioner Nick Borovilos was sworn in by the City Clerk
and gave testimony before the City Council. Chairman
Kisslinger reminded the peitioner that drinks cannot be
served in the waiting area where there are eight (8)
stools, with a Class E Liquor License.
Moved by Sarlo, seconded by Curley, to recommend to the
City Council approval of change of ownership of Class E
Liquor License for property located at 2179 E. Touhy
Avenue, d /b /a Tiffany's Restaurant. Motion declared
carried.
COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair
Moved by Curley, seconded by Chiropolos, to concur with
the recommendation of the Des Plaines Zoning Board of
Appeals and Staff recommendation, and recommend to the
City Council to grant request for variation to permit a
building height of 66' instead of the required maximum
of 60' on property located at One Bake -Line Plaza; and
further recommend to place Ordinance Z -13 -95 on First
Reading at appropriate time this evening. Motion
declared carried.
Mayor Ted Sherwood assumed the chair, and declared the
City Council back in session.
Moved by Sarlo, seconded by Chiropolos, to concur with
recommendation of Committee of the Whole on April 10,
1995, that City accept highest offer, if sufficient, from
bids received on April 25, 1995, for sale of 180 E.
Thacker Street.
Moved by Curley, seconded by Elstner, to suspend the
rules to permit public input on this matter. Upon roll
call, the vote was:
AYES: 2- Elstner, Curley
NAYS: 6- Beauvais, Christiansen, Kisslinger, Sarlo,
Chiropolos, Haupt
ABSENT: 0 -None
Motion declared failed.
Upon roll call on the original motion, the vote was:
AYES: 6- Beauvais, Christiansen, Kisslinger, Sarlo,
Chiropolos, Haupt
NAYS: 2- Elstner, Curley
ABSENT: 0 -None
Motion declared carried.
Moved by Sarlo, seconded by Chiropolos,
Staff recommendation and award bid for
Thacker Street to the highest bidder,
Inc., 9450 W. Bryn Mawr, Rosemont, IL
amount of $731,000.
to concur with
sale of 180 E.
Citadel Homes,
60018, in the
180 E.
THACKER ST.
(Cont'd.)
PAGE FIVE
78.
5/1/95
Moved by Curley, seconded by Elstner, to suspend the
rules to permit public input on this matter. Upon roll
call, the vote was:
AYES: 2- Elstner, Curley
NAYS: 6- Beauvais, Christiansen, Kisslinger, Sarlo,
Chiropolos, Haupt
ABSENT: 0 -None
Motion declared failed.
Upon roll call on the second original motion, the vote
was:
AYES: 6- Beauvais, Christiansen, Kisslinger, Sarlo,
Chiropolos, Haupt
NAYS: 2- Elstner, Curley
ABSENT: 0 -None
Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, to place on First
Reading Ordinance M- 26 -95, AN ORDINANCE AUTHORIZING THE
SALE OF CERTAIN PROPERTY OF THE CITY OF DES PLAINES (180
EAST THACKER).
Moved by Curley, seconded by Elstner, to suspend the
rules to permit public input on this matter. Upon roll
call, the vote was:
AYES: 2- Elstner, Curley
NAYS: 6- Beauvais, Christiansen, Kisslinger, Sarlo,
Chiropolos, Haupt
ABSENT: 0 -None
Motion declared failed.
Upon roll call on the third original motion, the vote
was:
AYES: 6- Beauvais, Christiansen, Kisslinger, Sarlo,
Chiropolos, Haupt
NAYS: 2- Elstner, Curley
ABSENT: 0 -None
Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, to advance to
Second Reading and adopt Ordinance M- 26 -95. Upon roll
call, the vote was:
AYES: 5- Kisslinger, Sarlo, Chiropolos, Haupt, Sherwood
NAYS: 4- Beauvais, Christiansen, Elstner, Curley
ABSENT: 0 -None
Motion declared failed (required a 2/3's vote).
(final action on this matter under Unfinished Business
on May 15, 1995)
WARRANT Moved by Haupt, seconded by Chiropolos, to concur with
REGISTER: recommendation of Committee of the Whole to adopt
Resolution R- 28 -95, BE IT RESOLVED BY THE CITY COUNCIL
Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
R - 28 - 95 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$1,448,875.22. 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.
LIO. LIC./ Moved by Kisslinger, seconded by Curley, to concur with
2300 S. recommendation of Committee of the Whole to approve
MANNHEIM: change of ownership of Class A -2 Liquor License for
property located at 2300 S. Mannheim Road, d /b /a Fountain
Blue Restaurant, contingent upon verification of
fingerprints. Motion declared carried.
LIQ. LIC./ Moved by Kisslinger, seconded by Curley, to concur with
2179 E. recommendation of Committee of the Whole to approve
TOUHY AVE.: change of ownership of Class E Liquor License for
property located at 2179 E. Touhy Avenue, d /b /a Tiffany's
Restaurant. Motion declared carried.
1
PAGE SIX
79.
5/1/95
ZONING CASE Moved by Sarlo, seconded by Chiropolos, to concur with
95 - 28 - recommendation of Committee of the Whole to grant request
ONE BAKE for variation to permit a building height of 66' instead
LINE PLAZA: of the required maximum of 60' on property located at One
Bake -Line Plaza; and plate on First Reading Ordinance Z-
Ordinance 13 -95. Motion declared carried.
Z - 13 - 95
Moved by Sarlo, seconded by Chiropolos, to advance to
Second Reading and adopt Ordinance Z- 13 -95, AN ORDINANCE
GRANTING A VARIATION TO SECTION 5.2.5 OF THE CITY OF DES
PLAINES ZONING ORDINANCE, TO PERMIT A BUILDING HEIGHT OF
66 FEET, INSTEAD OF THE REQUIRED MAXIMUM 60 FEET, AND A
VARIATION TO SECTION 5.2.6.2 TO PERMIT A SIDEYARD SETBACK
OF 5 FEET INSTEAD OF THE REQUIRED 25 FEET, IN M -2 GENERAL
MANUFACTURING DISTRICT, FOR ONE BAKE -LINE PLAZA (CASE NO.
95- 28 -V). 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.
PETITIONS/ Petitions received by the City Clerk's Office on April
PARKING ON 24, 1995, were referred to STAC (Staff Traffic Advisory
MARGRET ST.: Committee) for review and report.
ORDINANCE Moved by Elstner, seconded by Curley, to advance to
M - 25 - 95 Second Reading adopt Ordinance M- 25 -95, AN ORDINANCE
SALE BY AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL
AUCTION OF PROPERTY OWNED BY THE CITY OF DES PLAINES. Upon roll
CITY VEH.: call, the vote was:
AYES: 8- Beauvais, Christiansen, Elstner, Kisslinger,
Curley, Sarlo, Chiropolos, Haupt
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
PRESENTATIONS Mayor Sherwood presented plaques of appreciation to
outgoing Alderman Dan Kisslinger and Alderman Carl Haupt.
SWEARING Judge James. F. Smith administered the Oath of Office to
CEREMONY: the following newly - elected officials:
Thomas J. Christiansen - Alderman /Second Ward
Jean Higgason - Alderman /Fourth Ward
Carmen J. Sarlo - Alderman /Sixth Ward
Anthony (Tony) Arredia - Alderman /Eighth Ward
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, glstner, Higgason, Curley, Sarlo,
Chiropolos, Arredia.
COMMITTEE Moved by Elstner, seconded by Chiropolos, to elect
ON Alderman Sarlo as Chairman of the Committee on
COMMITTEES: Committees. Motion declared carried.
APPROVED BY ME THIS 17
Ted Sherwood, MAYOR
Alderman Sarlo announced that there would be a meeting
of the Committee on Committees on Monday, May 8, 1995,
at 7:00 p.m. in Room 101.
ADJOURNMENT: Moved by Beauvais, seconded by Sarlo, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 8:51 p.m.
Donna McAllister, CMC /AAE - CITY CLERK