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05/16/1988331. 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 16, 1988 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 8:07,'P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 16, 1988. ROLL CALL: Roll Call indicated the following Aldermen present: Muehlenbeck, Childers, Christiansen, Bonk, Healy, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Sarlo, Chiropolos, Addante, Hervas, Haupt. Also present were: City Treasurer Fredricks, City Comptroller Peters, Commissioner of Public Works Matula, Fire Chief Clark, Police Chief Kozenczak, Municipal Development Director Pagones, Acting City Engineer Kaszuba, Human Resources and Services Director Donahue, and City Attorney Smith. PRAYER AND PLEDGE: MINUTES: The opening prayer was given by Mayor Seitz, followed by the Pledge of Allegiance to the Flag. Moved by Bonk, seconded by Childers, to approve Minutes of the regular meeting of the City Council held May 2, 1988, as published. Motion declared carried. BILLS PAYABLE: Moved by Schneck, seconded by Muehlenbeck, 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: $472,676.55. Upon roll call, the vote was: AYES: 16- Muehlenbeck, Childers, Christiansen, Bonk, Healy, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Sarlo, Chiropolos, Addante, Hervas, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. BANNER PROGRAM Moved by Schneck, seconded by Muehlenbeck, to adopt the FOR DOWNTOWN recommendation of the Finance Committee to concur with TIF AREA: recommendation from Economic Development Commission that City, in cooperation with Oakton Community College, place banners throughout the downtown TIF area; banners to be 31 "x 94" at a cost to the City of $5,140.50 with Oakton Community College paying $2,715.00 for a total cost of $7,855.50, and City Attorney be authorized to draft appropriate legislation. Upon roll call, the vote was: AYES: 16- Muehlenbeck, Childers, Christiansen, Bonk, Healy, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Sarlo, Chiropolos, Addante, Hervas, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. AMENDING Moved by Gebert, seconded by Kisslinger, to adopt the RESOLUTION recommendation of the Municipal Development that R -9 -88: Resolution R -9 -88 supporting application to U.S. Depart- ment of Housing and Urban Development (HUD) for a 60- unit elderly apartment building at the southwest corner of River Road and Perry Street be amended to delete all references to Lifelink and substitute the name Bensenville Home Society in place of all such references. Motion declared carried. MELLON STUART SUBDIVISION/ 625 SEEGERS: ZONING CASE 88 -5 -SU 2096 MINER: REFERRALS: ZONING CASE 88 -17 -R 1635 E. TOUHY: ZONING CASE 88 -19 -RV 959, 967, 975, 989 E. OAKTON: PAGE TWO 5/16/88 At the request of Alderman Muehlenbeck, Mayor Seitz referred the matter of establishing a minimum square footage of space requirement for restaurants to the Municipal Development Committee. 332. Moved by Gebert, seconded by Addante, to adopt the recommendation of the Municipal Development Committee to concur with the recommendation of the Des Plaines Plan Commission to approve plat of Mellon Stuart Subdivision, 625 Seegers Road, and Mayor and City Clerk be authorized to execute same. Motion declared carried. BOND REFUND/ Moved by Gebert, seconded by Addante, to adopt the PINSKE RESUB., recommendation of the Municipal Development Committee 1000 -14 PRAIRIE: that cash surety covering construction of required public improvements of Pinske Resubdivision, 1000 -14 Prairie Avenue, be refunded in the amount of $1,405.75 with $125.50 (10%) being retained until 18 months from this date. Upon roll call, the vote was: AYES: 16- Muehlenbeck, Childers, Christiansen, Bonk, Healy, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Sarlo, Chiropolos, Addante, Hervas, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Gebert, seconded by Kisslinger, to adopt the recommendation of the Municipal Development Committee to concur with recommendation of Des Plaines Plan Commission and Zoning Board of Appeals re Case 88 -5 -SU to grant request for Special Use to permit partial use of commercial property at northwest corner of Rand Road and Miner Street as a Class "B" restaurant on property commonly known as 2096 Miner Street (Anthony Majcher), and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Childers voted no. At the request of Alderman Bonk, Mayor Seitz referred the matter of parking space allocation on commercial property to the Municipal Development Committee. At the request of Alderman Childers, Mayor Seitz referred the matter of establishing the opening and closing hours for businesses to the Municipal Development Committee. At the request of Alderman Wetter, Mayor Seitz agreed to investigate the possibility of having sidewalks put in in front of the two private homes on Rand Road just west of the new shopping area at Rand Road and Miner Street. Moved by Gebert, seconded by Kisslinger, to adopt the recommendation of the Municipal Development Committee to grant request to rezone from - -2 Single Family District to C -1 Commercial District for property located at 1635 E. Touhy Avenue (James Mandas /Nick Pepper), Case 88 -17 -R, with height limitation of 25', right in and right out only, and no restaurants, lounges, etc. be allowed; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Gebert, seconded by Kisslinger, to adopt the recommendation of the Municipal Development Committee to concur with the recommendation of the Des Plaines Zoning Board of Appeals re Case 88 -19 -RV to grant request to rezone from R -2 Residential District to C -2 Commercial District for property located at 959, 967, 975, 989 E. Oakton Street (J. /P. Uehlien); deny,request parking stalls and aisle size; petitioners to submit corrected sketch of building and lot layout for approval; ZONING CASE 88 -19 -RV (Cont'd.) ZONING CASE 88 -16 -R 1974 MINER: Deferred Item COMM. EDISON AGREEMENT /PRATT AVE. SEWER PROJECT: GOLF ROAD WATER TANK: ORDINANCE M -17 -88 MAINTENANCE OF CULVERTS: PAGE THREE 5/16/88 333. no restaurants, lounges, etc. be allowed and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Muehlenbeck voted no. The motion that was deferred at the City Council meeting of May 2, 1988, to concur with the Des Plaines Zoning Board of Appeals re Case 88 -16 -R to grant request to rezone from C -2 Commercial District to R -4 Multi- Family District for property located at 1974 Miner Street, and City Attorney be authorized to draft necessary ordinance came before the Council. Aldermen Gebert asked that the motion be amended to include "contingent upon approval of the subdivision of this property by the Engineering Department." Alderman Addante, who seconded the original motion, agreed to the amendment. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of the Engineering Committee that Mayor be authorized to execute agreement with Commonwealth Edison re Pratt Avenue Relief Sewer Project. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of the Engineering Committee to award bid for Contract A and Contract B, Golf Road Water Tank, to low bidder, Pitt Des Moines, Inc., 3400 Grand Avenue, Neville Island, Pittsburg, PA 15225, in the amount of $1,758,000 for Contract A and $180,947 for Contract B subject to the following conditions for Contract A only: 1. Confirmation of the "Build Illinois" grant and payment schedule. 2. Completion of the Lease Agreement with the Market Place Shopping Center. Upon roll call, the vote was: AYES: 16- Muehlenbeck, Childers, Christiansen, Bonk, Healy, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Sarlo, Chiropolos, Addante, Hervas, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Alderman Chiropolos requested that Ordinance M -17 -88 be removed from First Reading and returned to Engineering Committee for further review. FOURTH OF Moved by Haupt, seconded by Wetter, to adopt the JULY FIREWORKS: recommendation of the Community Services Committee that a fireworks display be held at Maryville Academy, River and Central Roads, at a cost not to exceed $15,000, contingent upon City providing grading in the parking lot adequate police and fire protection, lighting in the lot, portable toilets, insurance indemnities and clean -up; and accept proposal from Bartolotta's Fireworks Company, Genesee, Wisconsin ($11,000). Upon roll call, the vote was: AYES: 15- Muehlenbeck, Childers, Christiansen, Bonk, Healy, Wetter, Schneck, Adams, Hardiman, Gebert, Sarlo, Chiropolos, Addante, Hervas, Haupt. NAYS: 1- Kisslinger ABSENT: 0 -None Motion declared carried. PURCHASE OF TRUCK LIFT: BANNER ON BEHREL DECK: PAGE FOUR 5/16/88 334. Moved by Bonk, seconded by Childers, to adopt the recommendation of the Public Works Committee to award bid for the purchase and installation of one (1) new light duty truck lift for the Public Works Department to the low bidder, Illinois F.W.D. Truck and Equipment Co., 7128 Barry Avenue, Rosemont, IL 60018, in the amount of $17,500. Upon roll call, the vote was: AYES: 16- Muehlenbeck, Childers, Christiansen, Bonk, Healy, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Sarlo, Chiropolos, Addante, Hervas, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. PURCHASE OF Moved by Bonk, seconded by Childers, to adopt the AIR COMPRESSOR: recommendation of the Public Works Committee to award bid for purchase of a screw -type air compressor with hoses and hammers for Public Works Department to O'Leary's Contractors Equipment & Supply, Inc., 4554 W. North Avenue, Chicago, IL 60639, in the amount of $11,146. Upon roll call, the vote was: AYES: 16- Muehlenbeck, Childers, Christiansen, Bonk, Healy, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Sarlo, Chiropolos, Addante, Hervas, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. 1988 CURB Moved by bonk, seconded by Childers, to adopt the REPLACEMENT recommendation of the Public Works Committee to award bid PROGRAM: for 1988 Curb Replacement Program to low bidder, T.S. Concrete Company, 7601 Norridge Avenue, Harwood Heights, IL 60656, in the amount of $15.00 per lineal foot, for a total not to exceed $25,000, and bid bonds /checks be returned to unsuccessful bidders. Upon roll call, the vote was: AYES: 16- Muehlenbeck, Childers, Christiansen, Bonk, Healy, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Sarlo, Chiropolos, Addante, Hervas, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Bonk, seconded by Childers, to adopt the recommendation of the Public Works Committee to grant request from Cavalier Promotions, Inc., 623 Grace Lane, Schaumburg, IL 60193, to hang banner on Herbert H. Behrel Parking Plaza from August 1, 1988 to August 12, 1988, to promote the Cavalcade of Brass Drum & Bugle Corps completition to be held at Maine West High School Stadium Motion declared carried. ARCHITECTUAL Moved by Bonk, seconded by Childers, to adopt the CONTRACT ON recommendation of the Public Works Committee that Mayor WEST SCHOOL: be authorized to execute Architectural Services Contract with Orville I. Kurtz & Associates, LTD., 2350 Devon Avenue, Suite 111, Des Plaines, IL 60018, including the following amendment: "That the Schematic Design Phase and Design Development Phase shall be 15% of 9% of the total construction cost, not to exceed $25,000.00 or, if less than $25,000.00 based upon 15% of 9% of the total construction cost, then said City receives credit as to the Construction Docu- ments Phase (55% of 9 %), Bidding or Negotiation Phase (5% of 9 %) and Construction Phase (25% of 9%)." 1 ARCHITECTUAL CONTRACT (Cont'd.) ORDINANCE B -3 -88 TRENCH FOOTINGS FOR FAMILY ROOM ADDITIONS: ORDINANCE Z -3 -88 VARIATIONS, 1505 OAKTON: ATTENDANCE: / MINUTES FOR EXECUTIVE SESSIONS: PAGE FIVE Upon roll call, the vote was: AYES: 16- Muehlenbeck, Childers, Christiansen, Bonk, Healy, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Sarlo, Chiropolos, Addante, Hervas, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. AMERICAN LEGION Moved by Adams, seconded by Hardiman, to grant request & VFW PARADE: from American Legion Post #36 and VFW Post 2992 of Des Plaines to hold Memorial Day parade on Monday, May 30, 1988 upon the necessary insurance to hold the City harmless for any liability claim, and permits be expedited and fee waived. Motion declared carried. Moved by Sarlo, seconded by Hervas, to adopt Ordinance B -3 -88, AN ORDINANCE AMENDING SECTION 25.4 -1 OF ARTICLE XXV OF THE CITY OF DES PLAINES BUILDING CODE, ADDING THERETO A NEW SUBSECTION 25.4 -1(f), PERTAINING TO 31/2 FT. TRENCH FOOTINGS FOR ONE STORY SINGLE FAMILY HOME ROOM ADDITIONS. Upon roll call, the vote was: AYES: 16- Muehlenbeck, Childers, Christiansen, Bonk, Healy, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Sarlo, Chiropolos, Addante, Hervas, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Schneck, seconded by Christiansen, to adopt Ordinance Z -3 -88, AN ORDINANCE GRANTING VARIATIONS UNDER THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS FOR 1505 OAKTON STREET (Case No. 87- 30- SU -V). Upon roll call, the vote was: AYES: 16- Muehlenbeck, Childers, Christiansen, Bonk, Healy, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Sarlo, Chiropolos, Addante, Hervas, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Hervas, seconded by Childers, that City Clerk be allowed to attend all Executive Sessions of the City Council and that a committee be formed to investigate the City's compliance with the provisions of the Open Meetings Act with regard to the minutes of Executive Sessions of the City Council. Moved by Bonk, seconded by Sarlo, that the Council recess. Motion declared carried. Alderman Childers voted no. Council recessed at 10:00 P.M. Council reconveyed at 10:06 P.M. Moved by Kisslinger, seconded by Wetter, to divide the motion. Motion declared carried. Upon roll call on the first part of the motion that the City Clerk be allowed to attend all Executive Sessions of the City Council, the vote was: AYES: 6- Childers, Christiansen, Wetter, Kisslinger, Gebert, Hervas NAYS: 9- Muehlenbeck, Bonk, Schneck, Adams, Hardiman, Sarlo, Chiropolos, Addante, Haupt PRESENT:1 -Healy ABSENT: 0 -None Motion declared lost. 1 PAGE SIX EXECUTIVE It was determined that the second part of the motion SESSIONS that an investigation be held re the City's compliance (Cont'd.) with the provisions of the Open Meetings Act with regard to the minutes of Executive Sessions of the City Council, be referred to the License & Judicial Committee. ORDINANCE Placed on First Reading was Ordinance T -7 -88, AN T -7 -88 ORDINANCE AMENDING SCHEDULE I OF SECTION 10 -5 -17, PARKING CHAPTER 5, TITLE X, OF THE DES PLAINES CITY CODE TO ADD RESTRICTIONS/ THERETO: NELSON LANE, FROM BERKSHIRE LANE TO CENTRAL NELSON LANE: ROAD, WEST SIDE OF THE STREET, AS "NO PARKING AT ANY TIME." ORDINANCE Placed on First Reading was Ordinance Z -4 -88, AN Z -4 -88 ORDINANCE GRANTING A REZONING FROM R -2 SINGLE FAMILY REZONING/ RESIDENCE TO M -2 MANUFACTURING DISTRICT FOR 501 S. WOLF 501 S. WOLF: ROAD (CASE NO. 88- 15 -R). ZONING CASE Letteisfrom Des Plaines Plan Commission and Zoning Board 88 -24 -PUD -R of Appeals re Case 88- 24- PUD -R, 395 W. Touhy Avenue 395 W. TOUHY: (T.P.C. Dev. Svs.) was referred to the Municipal Development Committee. APPOINTMENTS: Letter from Mayor Seitz re appointment of Marilyn O'Brien to the Consumer Protection Commission and Sue Kostohrys to the Clean Community /Beautification Commission will come before the City Council on Monday, June 6, 1988. ADJOURNMENT: Moved by Sarlo, seconded by Chiropolos, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:19 P.M. APPROVED BY ME THIS 1 onna McAllister, CMC /AAE - CITY CLERK