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04/07/1986ROLL CALL: PRAYER AND PLEDGE: MINUTES: PURCHASE OF CHECKSIGNER: 36. 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, APRIL 7, 1986 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor John E. Seitz at 8:25 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, April 7, 1986. Roll Call indicated the following Aldermen present: Koplos, Volberding, Bonk, Martin, Wetter, Adams, Sarlo, Chiropolos, Zanca. Aldermen Muehlenbeck, Schneck, Kisslinger, Gebert, and Hervas arrived at 8:27 P.M. Aldermen Hardiman and Addante were absent. Also present were: City Treasure Fredricks, City Comptroller Blietz, Commissioner of Public Works Matula, Deputy Fire Chief Albrecht, Deputy Police Chief Kuta, Human Resources and Services Department Acting Director Donahue, Municipal Department Acting Director Shrake, and City Attorney Smith. The opening prayer was given by Reverend Merlin Mather, First United Methodist Church, followed by the Pledge of Allegiance to the Flag. Moved by Bonk, seconded by Sarlo, to approve Minutes of the regular meeting of the City Council held March 17, 1986, as published. Correction: Page Two, Paragraph Four, Line Five, after 1986 add "and City Clerk be authorized to sign Supplemental Resolution 86- 00000 -02 GM in the amount of $19,000 MFT Funds." Following __ correction, motion declared carried. BILLS PAYABLE: Moved by Muehlenbeck, seconded by Schneck, to adopt the following resolution: 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: $565,760.12. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. RATIFICATION Moved by Muehlenbeck, seconded by Schneck, to adopt the OF PURCHASE recommendation of the Finance Committee to ratify purchasE ORDER: order #41320 to Berryman Equipment Co., 720 N. Eastland Street, Elmhurst, IL 60126, in the amount of $3,180.60 for repair of pumps at Maple Street Pump House. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. Moved by Muehlenbeck, seconded by Schneck, to adopt the recommendation of the Finance Committee that a rebuilt Model 274 Checksigner be purchased from Cummins- Allison Corp., 950 Pine Street, Glenview, IL 60025, in the amount of $4,295. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. �11 POSITION ALLOCATIONS: PAGE TWO 4/7/86 37. Moved by Muehlenbeck, seconded by Schneck, to adopt the recommendation of the Finance Committee to concur with Civil Service Commission and Job Evaluation Committee re position allocation as follows and City Attorney be authorized to draft necessary ordinance: Public Relations Technician - 203 Points to 256 Points Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. Moved by Muehlenbeck, seconded by Schneck, to adopt the recommendation of the Finance Committe to concur with Job Evaluation Committee that the Job Content Evaluation Points for the Administrative Services Officer be established at 240 and the salary range (85/86) be $20,968 (minimum), $24,668 (mid - point) and $28,368 (maximum), and City Attorney be authorized to draft necessary ordinance. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. SALARY Moved by Muehlenbeck, seconded by Schneck, to adopt the ORDINANCE recommendation of the Finance Committee that the City FOR NON- Attorney be authorized to draft necessary ordinance for CONTRACT 5% pay increase for non - contract employees effective EMPLOYEES: May 1, 1986. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. PURCHASE OF Moved by Zanca, seconded by Martin, to adopt the CARS FOR recommendation of the Public Safety Committee to accept POLICE DEPT.: lowest proposal from Z -Frank Chevrolet, 6200 N. Western Avenue, Chicago, I1 60640, for two 1986 Chevrolet Celebrity 4 -Door Sedans for the total amount of $19,074.80, for Police Department. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. PURCHASE OF Moved by Zanca, seconded by Volberding, to adopt the RADIOS FOR recommendation of the Public Safety Committee to purchase POLICE DEPT.: seven (7) Syntor FM 2 -Way Radios for Police Department under State of Illinois Contract #541589NL14 from Motorola Communications & Electronics, Inc., 1309 E. Algonquin Road, Schaumburg, IL 60196, at a cost of $11,643.31 ($1,663.33 each). Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. PAGE THREE 4/ 38. 1986 NATIONAL Moved by Zanca, seconded by Volberding, to adopt the FIRE CODE: recommendation of the Public Safety Committee that Title VII, Chapter 7, Section 7 -7 -1, be amended to adopt the 1986 edition of the National Fire Codes, Volumes 1 through 10, except the National Electrical Code, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. FLAMMABLE & Moved by Zanca, seconded by Bonk, to adopt the COMBUSTIBLE recommendation of the Public Safety Committee that Title CODES: Vii, Chapter 2, Sections 7 -2 -8, 7 -2 -16 and 7 -2 -36, be amended to clarify: >>ho is _ respoh ible to`_noti_f _ thesFire Prevention Bureau and when during various phases of underground tank and system installation and removal, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. AUTHORIZATION Moved by Zanca, seconded by Bonk, to adopt the TO BID: recommendation of the Public Safety Committee that the City Clerk be authorized to advertise for bids for firefighter protective clothing according to Fire Depart- ment specifications, returnable by 3 P.M. on Wednesday, April 30, 1986. Motion declared carried. Moved by Zanca, seconded by Bonk, to adopt the recommendation of the Public Safety Committee that the City Clerk be authorized to advertise for bids for a High Pressure Air Filling Station according to Fire Department specifications, returnable by 3:00 P.M. on Wednesday, April 30, 1986. Motion declared carried. Moved by Zanca, seconded by Bonk, to adopt the recommendation of the Public Safety Committee that the City Clerk be authorized to advertise for bids for Self- Contained Breathing Apparatue according to Fire Department specifications, returnable by 3:00 P.M. on Wednesday, April 30, 1986. Motion declared carried. APPROVAL OF Moved by Zanca, seconded by Bonk, to adopt the PURCHASE recommendation of the Public Safety Committee to approve ORDERS: Purchase Order #44240'to BuCom, Inc., Route 1, Box 37, Libertyville, IL 60048, in the amount of $3,600 for three (3) mobile radios (1 to be installed in M.I.C.U.) and usual bid procedures be waived because price is less than State net bid. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. Moved by Zanca, seconded by Bonk, to adopt the recommendation of the Public Safety Committee to approve Purchase Order #44217 to Cherry's Automotive, 133 Beeline Drive, Bensenville, IL 60106, in the amount of $4,285 for repairs, modifications and retrofitting of power steering system for Fire Department Engine #61. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chirpolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. PAGE FOUR 4/7/86 39. ZONING CASE Moved by Kisslinger, seconded by Koplos, to adopt the 86 -8 -SU recommendation of the Municipal Development Committee 1581 ELMHURST: to concur with Des Plaines Plan Commission and Zoning Board of Appeals re Case 86 -8 -SU to grant request for Special Use to allow the operation of a gas station and coin - operated automobile washing device in C -2 Commercial District at 1581 Elmhurst Road (Mobile Oil Corporation), and City Attorney be authorized to draft necessary ordinance. Motion declared carried. ZONING CASE 86- 7 -SU -V 1602 DES PLAINES /RIVER ROAD: Moved by Kisslinger, seconded by Koplos, to adopt the recommendation of the Municipal Development Committee to concur with Des Plaines Plan Commission and Zoning Board of Appeals re Case 86- 7 -SU -V to grant request for Special Use to allow the operation of a gas station and grant variation to reduce required frontage on Oakton Street from 150' to 122.2', subject to City's continuous monitoring of any possible traffic problems relating to this gas station and the solution of any problem by the petitioner to keep the Special Use and Variation in effect, and City Attorney be authorized to draft necessary ordinance. Moved by Bonk, seconded by Martin, to amend the motion to require a right in /right out only be allowed at drive- way on Oakton Street. Upon roll call, the vote was: AYES: 8- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Adams, Sarlo, Chiropolos NAYS: 6- Wetter, Schneck, Kisslinger, Gebert, Hervas, Zanca ABSENT: 2- Hardiman, Addante Motion declared carried. Moved by Volberding, seconded by Bonk, to defer this matter until the next City Council meeting on Monday, April 21, 1986. RELATIONSHIP Moved by Kisslinger, seconded by Koplos, to adopt the BETWEEN EDC/ recommendation of the Municipal Development Committee CITY OFFICIALS/ to approve the concept described on the flow chart CITY COUNCIL: prepared by the Mayor's office (see attached) indicating responsibility of various parties involved in future major developments in the City. Motion declared carried. SALE OF CITY PROPERTY: PURCHASE OF TRUCKS FOR PUBLIC WORKS: Moved by Bonk, seconded by Chiropolos, to adopt the recommendation of the Public Works Committee that M -23 -86 re sale of City property by auction on May 10, 1986 through the Northwest Municipal Conference, be adopted at appropriate time this evening. Motion declared carried. Moved by Bonk, seconded by Chiropolos, to adopt the recommendation of the Public Works Committee to award contract for five (5) light duty trucks for Public Works Department to the lowest bidder Z -Frank Chevrolet,, 6116 N. Western Avenue, Chicago, IL 60659, in the amount of $62,525.05; and to award the contract for two (2) heavy duty dump trucks for Public Works Department to the lowest bidder Northwest Ford Turck Center, Inc., 4000 N. Mannheim Road, Franklin Park, IL 60131, in the amount of $95,805.86. Moved by Koplos to defer this matter until the next City Council meeting on Monday, April 21, 1986. Motion failed for lack of a second. Upon roll call, the vote was: AYES: 13- Muehlenbeck, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 1- Koplos ABSENT: 2- Hardiman, Addante Motion declared carried. yfN FLOOR RESTORATION AT PUBLIC WORKS: DRIVEWAY VARIATION 1420 CORA: DRIVEWAY VARIATION. 2971 SCOTT: TEMPORARY BUILDING 2550 DEMPSTER: PURCHASE OF COMPUTER: ORDINANCE B -1 -86 1986 ANSI ELEVATOR CODE: ORDINANCE B -2 -86 DIRECTION OF WATERFLOW FROM DOWNSPOUTS: PAGE FIVE 4/7/86 40. Moved by Bonk, seconded by Chiropolos, to adopt the recommendation of the Public Works Committee to accept proposal for restoration of floor at Public Work Garage from Rock Tread, 7440 N. St. Louis, Skokie, IL 60076, who meets all requirements, in the amount of $81,868.95. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. Moved by Volberding, seconded by Bonk, to adopt the recommendation of the Building Cbde'Committee grant request for variation to allow 20'5" wide driveway at 1420 Cora Street. Motion declared carried. Moved by Volberding, seconded by Hervas, to adopt the recommendation of the Building - CbdeCommittee tocgrant request for variation to allow a second driveway from Halsey Drive at property located at 2971 Scott Street. Motion declared carried. Moved by Volberding, seconded by Martin, to adopt the recommendation of the Building Code Committee to grant request to allow temporary building on property located at 2550 Dempster Street for a one year period. Motion declared carried. Moved by Wetter, seconded by Sarlo, to adopt the recommendation of the Community Services Committee authorizing purchase of NCR Work Saver System from NCR Corporation, 150 N. Michigan Avenue, Chicago, IL 60601, for a total cost of $11,938.40, for Human Resources & Services Department. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. Moved by Martin, seconded by Sarlo, to adopt Ordinance B -1 -86, AN ORDINANCE AMENDING AND UPDATING THE WORDAGE OF SECTION 33.1 -1, ARTICLE XXXIII, OF THE DES PLAINES BUILDING CODE AND ORDINANCE PERTAINING TO ELEVATORS AND SIMILAR MECHANICAL DEVICES, THEREBY ADOPTING THE.1985 ANSI ELEVATOR CODE. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. Moved by Volberding, seconded by Bonk, to adopt Ordinance B -2 -86, AN ORDINANCE AMENDING SECTION 36.13 -4 ARTICLE XXXVI OF THE DES PLAINES BUILDING CODE AND ORDINANCE, ADDING THERETO A NEW SUBSECTION 36.13 -4(f.) PERTAINING TO THE DIRECTION OF WATERFLOW FROM DOWNSPOUTS. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. kok ORDIANNCE M -17 -86 FOOD SERVICES SANITATION RULES & REGS: ORDINANCE T -8 -86 PARKING RESTRICTIONS/ SANDY LANE & WESTMERE: RECESS: FOREST HOSPITAL: PAGE SIX Mayor Seitz called for a recess at 9:40 P.M. Council reconvened at 9:47 P.M. 41. 4/7/86 Moved by Volberding, seconded by Bonk, to adopt Ordinance M- 17 -86, AN ORDINANCE AMENDING SECTION 2 -1 -11 OF CHAPTER 1, TITLE II OF THE DES PLAINES CITY CODE, TO UPDATE REFERENCE MADE AS TO THE EDITION OF THE STATE OF ILLINOIS DEPARTMENT OF PUBLIC HEALTH FOOD SERVICE SANITATION RULES AND REGULATIONS. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. Moved by Martin, seconded by Sarlo, to adopt Ordinance T -8 -86, AN ORDINANCE AMENDING SCHEDULE I OF SECTION 10 -5 -17 OF THE DES PLAINES CITY CODE, ADDING THERETO THE NORTH SIDE OF SANDY LANE FROM LILLIAN LANE TO MARSHALL DRIVE, AND THE NORTH SIDE OF WESTMERE ROAD, FROM LILLIAN LANE TO BELL DRIVE. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. Moved by Schneck, seconded by Hervas, to appeal the ruling of the Chair at the City Council meeting held on Monday, March 17, 1986, that zoning matters cannot be . reconsidered relative to Forest Hospital's request that one year waiting period be waive to allow Forest Hospital to again petition the Des Plaines Zoning Board of Appeals re Special Use. Upon roll call, the vote was: AYES: 6- Muehlenbeck, Koplos, Kisslinger, Adams, Sarlo, Chiropolos NAYS: 8- Volberding, Bonk, Martin, Wetter, Schneck, Gebert, Hervas, Zanca ABSENT: 2- Hardiman, Addante Motion declared carried (the Nays overruled the Chair) Moved by Schneck, seconded by Zanca, to waive one year waiting period to allow Forest Hospital, 555 Wilson Lane, to again petition the Des Plaines Zoning Board of Appeals to grant request for Special Use to construct two additional floors (5 and 6) at a height not to exceed 72' in C -2 Commercial District. At this point, Alderman Koplos read a letter from William F. Burrows, President of the Hawthorne Lane Civic Association and asked that it be made part of the minutes (see attached). After considerable discussion, moved by Zanca, seconded by Chiropolos, to call for the question. Motion declared carried. Upon roll call on the motion, the vote was: AYES: 8- Volberding, Bonk, Martin, Wetter, Schneck, Gebert, Hervas, Zanca NAYS: 6- Muehlenbeck, Koplos, Kisslinger, Adams, Sarlo, Chiropolos ABSENT: 2- Hardiman, Addante Motion declared carried. 1 ORDINANCE M -23 -86 AUCTION OF CITY -OWNED PROPERTY: ORDINANCE M -24 -86 CHANGING KERRY COURT TO GOOD CT.: ORDINANCE T -10 -86 PARKING RESTRICTIONS, LAUREL AVE.: ZONING CASE 86 -9 -A TEXT AMEND. RE CHURCHES, SCHOOLS, ETC.: ZONING CASE 86 -11 -V KINGSTON CT. & HEATHER LN.: REQUEST FOR FOR VARIATION 175 W. TOUHY: ADJOURNMENT: APPROVE BY ME THIS PAGE SEVEN 42. 4/7/86 Moved by Bonk, seconded by Gebert, to waive First Reading and place on passage Ordinance M- 23 -86. Motion declared carried. Moved by Bonk, seconded by Gebert, to adopt Ordinance M- 23 -86, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 14- Muehlenbeck, Koplos, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Sarlo, Chiropolos, Hervas, Zanca NAYS: 0 -None ABSENT: 2- Hardiman, Addante Motion declared carried. Moved by Koplos, seconded by Muehlenbeck, that Ordinance M- 24 -86, AN ORDINANCE PROVIDING FOR A STREET NAME CHANGE OF KERRY COURT TO GOOD COURT AND PROVIDING FOR STREET SIGNS TO BE ERECTED ACCORDINGLY, removed from the agenda be placed back on First Reading. Motion declared carried. Placed on First Reading was Ordinance T- 10 -86, AN ORDINANCE AMENDING SCHEDULE II (A) 1. OF SECTION 10 -5 -5 AND SCHEDULE I OF SECTION 10 -5 -17 OF THE DES PLAINES CITY CO ,E, TO ADD THERETO CERTAIN PARKING RESTRICTIONS FOR LAUREL AVENUE. Letter from Des Plaines Zoning Board of Appeals re Case 86 -9 -A re text amendment Sec. 9.1.7.1.1.4 and Sec. 9.1.7.1.1.5 re churches, schools, public buildings as Special Use for parking facilities and expansions was referred to the Municipal Development Committee. Letter from Des Plaines Zoning Board of Appeals re Case 86 -11 -V re Kingston Court and Heather Lane (Kingston Estates) (Kozial & Wedgewood) was referred to the Municipal Development Committee. Letter from Floyd Steel Erectors, Inc., 175 W. Touhy Avenue, requesting variation re above ground storage of diesel fuel was referred to the Building Code Committee. Moved by Chiropolos, seconded by Bonk, that the regular meeting of the City Council adjourn. Motion declared carried. Donna McAllister, CMC - CITY CLERK The officers of the Hawthorne Lane Civic Association would like to draw your attention to some matters we feel are pertinent to your decision concerning the request for zoning change by Forest Hospital. In one respect we feel that further rehashing the facts of this case is redundant since we have already made our position clear to the Des Plaines Planning Commission, the Des Plaines Zoning Board of Appeals, and several times to the Municipal Development Committee of the City Council. But so long as the case continues to reverberate within the chambers of the Council, we shall maintain our right to be heard by our elected representatives. We, and the 109 residents of our area whose names appear on the petition previously presented before the Municipal Development Committee, request that you keep in mind the following facts as you consider this case: 1) Our primary contention is, has been, and always will be that the property occupied by Forest Hospital on. Wilson Lane has been developed to the fullest extent. Considered in its present context, i.e., immediately adjacent to an elementary school, and situated within a residentially zoned area, there is no reason to further expand the commercial potential of this property. 2) The drafters of the 1960. Zoning Ordinance saw fit to declare the maximum height of a building in a C -2 area to be 45 feet. A dangerous precedent will be set by allowing a six story building to be constructed on this C -2 property. Such a precedent will have an impact on all wards of the city and will ultimately affect all residents and residential property in Des Plaines. 43. 3) Since Forest Hospital is zoned C -2, Special Use, it cannot proceed with an addition by merely receiving a variation ruling. To grant them such a privelege - a privelege denied to any other owner of Special Use zoned property - would be a blatant example of special interest legislation. 4) The opinions of the various "expert" witnesses supplied by Forest Hospital, to the contrary, not withstanding, we residents of the area feel that the value of our properties would indeed decrease if there were a six story building located within our neighborhood. Common sense dictates that the more C -2 property is developed close by to a residential area, the more detrimental will be the impact on the residential property values. 5) It has been mentioned that Forest Hospital has not had a "fair" hearing. We respectfully beg to differ with this slightly biased view. Forest Hospital has in fact been given every ;opportunity to be heard. Their position has been presented with the aid of architects, traffic planners, local businessmen, real estate appraisers, administrators, hospital board members, and even loyal employees. The views and opinions of these witnesses have been heard before the Planning Commission, the Zoning Board of Appeals, and the Municipal Development Committee of the City Council. The hearing before the Zoning Board was conducted in the absence of two members. At the following meeting of the Board, when the vote. was taken, one of those members chose to abstain from voting while one did not. Presumably, the minutes of the previous meeting were available to both absent members so that a case for lack of fairness cannot be made on that basis. 1 -2- With the Zoning Board's failure to recommend, and the lack of a 2/3 vote in the Council to over -turn the Zoning Board's ruling, the matter should have been put to rest and the required one year wait for rehearing been in affect. The Council, however, was given another chance to vote on the issue when it was moved that the one year waiting period be waived. The Council turned this motion down also. We ask, in good conscience, how long this process will continue; how many opportunities will a commercial enterprise be afforded to expand its business facilities and ultimately its business activities against the wishes of the immediate neighbors and in defiance of the City's own Zoning Board of Appeals, Municipal Development Committee, and full City Council. Be assured that no matter how long it takes and whatever legal or judicial means are necessary, our Association stands ready to defend the economic interests in our homes and the residential integrity of our neighborhood. Sincerely, William F. Burrows, President Edward Wooten, Vice -Pr esident c Zk ) .,,} Sharon Harms, Secretary rw).3ic, es Blue, Treasurer Arthur Erickson, Executive Director 44. • • • -' tr 0 0 0 1 Q,, 0 k. 0 1.1 b h c b r a c k .b- ✓ N. 0 0 �h ti 5'b A a, fD rr �. 0 0 • • • • —' 0 N h k a 0 b 0 r C n k, n, c x a C (D C a rt N C h r C N• 0 N. a N. u 0 0 h N• 0 ::7 O 11 0D k. C 0) k. 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