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02/21/1995CALL 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 Tuesday, February 21, 1995. ROLL CALL: Also present were: City Manager Douthwaite, City Comptroller Peters, Police Chief Sturlini, Fire Chief Farinella, Public Works Director Shirley, City Engineer Oakley, Community Development Director D'Onofrio, Emergency Communications Director Ornberg, Human Resources and Services Department Director Merriman, and City Attorney Wiltse. PRAYER AND PLEDGE: PRESENTATION: Police Chief Sturlini and Fire Chief Farinella presented a Plaque of Appreciation to resident Peter Paulsen for his heroic efforts on December 21, 1994 at approximately 6:25 p.m., when he observed a young boy in the backyard of 1648 S. Webster Lane whose pants legs were on fire from a gasoline explosion. Mr. Paulsen jumped the backyard fence and using his jacket extinguished the flames. Mr. Paulsen's quick response resulted in the youth receiving only minor burns on his legs. CONSENT Alderman Christiansen requested that Items 1 and 13 be AGENDA: removed from the Consent Agenda. Alderman Elstner requested that Item 15 be removed. MINUTES: 22. 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, TUESDAY, FEBRUARY 21, 1995 Roll call indicated the following aldermen present: Beauvais, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt. Alderman Christiansen arrived at 7:02 p.m. The opening prayer was given by Rev. Mark Wiberg, Trinity Lutheran Church, followed by the Pledge of Allegiance to the Flag. Moved by Sarlo, seconded by Chiropolos, to establish a Consent Agenda except for Items 1, 13 and 15. Motion declared carried. Moved by Sarlo, seconded by Beauvais, 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. Alderman Christiansen abstained on the funding for Center of Concern under Item 4 (conflict of interest). The Executive Session minutes are approved. The Staff recommendations and requests are approved; Ordinances M- 5-95 and T -4 -95 are adopted; Ordinance M -7 -95 is placed on First Reading; and Resolution R -8 -95 is adopted. Moved by Christiansen, seconded by Sarlo, to approve minutes of regular meeting of the City Council held February 6, 1995. Correction: Page Two, Paragraph One, Line One, should read "increased by $20 for a total of $25; and further..." Following correction, motion declared carried. MINUTES/ Moved by Sarlo, seconded by Beauvais, to approve minutes EXEC. SESS: of Executive Session held February 6, 1995. Motion Consent declared carried as approved under Consent Agenda. Agenda SPONSORSHIP AGREEMENT/ FARMERS - PRAIRIE CREEKS: Consent Agenda FUNDING/ SOC. SVS. AGENCIES: Consent Agenda YOUTH COMMISSION MEMBERSHIP: Consent Agenda Ordinance M -7 -95 PUB. IMPROV./ LOCKE LOGAN RESUBDIV.: Consent Agenda Resolution R -8 -95 REDUC. TO SURETY/ DELGADO RESUBDIV.: Consent Agenda PAGE TWO 23. 2/21/95 Moved by Sarlo, seconded by Beauvais, to concur with recommendation of Committee of the Whole on February 6, 1995, that Mayor and City Clerk be authorized to execute Sponsorship Agreement between the City, City of Park Ridge and the Illinois Department of Transportation, for the Farmers - Prairie Creeks Flood Control Project, which will include the construction of a floodwall, a berm, pumping station and flap gate to prevent the Des Plaines River from backing -up into the Farmers and Prairie Creeks' watershed; cost to be shared as follows: IDOT - $4,894,000; City of Park Ridge - $261,122; and the City's share of $491,578 (Community Development Block Grant funds for years 1996, 1997 and 1998, which is part of the 5 -Year Capital Improvement Program - 1995 through 1999). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to concur with recommendation of Committee of the Whole on February 13, 1995, re funding of social service agencies /organizations for 1995 as follows: Rainbow Hospice - $ 2,900 Shelter, Inc. - $ 4,000 Des Plaines Youth Club - $ 7,000 Self -Help Food Closet - $ 1,600 The Salvation Army - $ 7,500 Fighting Back /District #214 - $ 1,500 Maine Center Mental Health - $ 5,000 The Harbour, Inc. - $ 3,000 N.W. Suburban Day Care - $17,000 Special People, Inc. - $ 3,000 The Volunteer Center - $ 1,000 The Center of Concern - $ 2,500 N.W. Action Against Rape - $ 2,000 Sub. Primary Health Care Council - $ 1,000 Children's Adv. Ctr. of N.W. Cook - $ 1,000 Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to concur with Staff recommendation and amend Section 2 -6 -2 of the City Code to increase the number of members of the Des Plaines Youth Commission from nine (9) to eleven (11); and further recommend to place on First Reading Ordinance M- 7-95, AN ORDINANCE AMENDING CHAPTER 6 "YOUTH GUIDANCE COMMISSION," TITLE II, OF THE CITY CODE OF DES PLAINES, IN ITS ENTIRETY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to concur with Staff recommendation to accept public improvements including construction of storm sewer, providing water and sanitary sewer services, lot grading and driveway approach on Lot 2, for Locke Logan Resubdivision, southeast corner of Bellaire Avenue and Church Street; and refund surety in the amount of $33,201.25 and cash guarantee in the amount of $900 (cash warranty of $3,320.12 will be held for 18 months); and further recommend to adopt Resolution R -8 -95, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS IN THE LOCKE LOGAN RESUBDIVISION (SOUTHEAST CORNER OF BELLAIRE AND CHURCH). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to concur with Staff recommendation to grant request for reduction to public improvement surety, for construction of sanitary and storm sewers and water services, in the amount of $46,681.25 (Letter of Credit), leaving a balance of $5,000, for Delgado Resubdivision, 2207 Sprucewood and 671 Jarvis Avenue. Motion declared carried as approved unanimously under Consent Agenda. PURCHASE OF TRUCK /FIRE DEPARTMENT: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda APPOINTMENTS/ REAPPOINTS.: Consent Agenda ORDINANCE M -4 -95 VEHICLE STICKER FEES: ORDINANCE M -5 -95 LICENSES FOR TAXICABS: Consent Agenda ORDINANCE M -6 -95 SALE OF WEST SCHOOL: PAGE THREE 24. 2/21/95 Moved by Sarlo, seconded by Beauvais, to concur with Staff recommendation to approve purchase of one (1) 1995 Pick -Up Truck, for Fire Department Maintenance Division, through State Net Bid Program from lowest bidder, Miles Chevrolet, Inc., Box 3160, Decatur, IL 62524, at a cost of $22,000 /Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for floor covering and tile for Fire and Police Departments, returnable by 3:00 p.m., Friday, March 10, 1995. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 1995 Capital Improvement Program, returnable by 10:00 a.m., Thursday, March 9, 1995. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to approve Mayoral appointments as follows: DES PLAINES ARCHITECTURAL COMMISSION Edward W. Harvey, term to expire August 5, 1995 DES PLAINES ELECTRICAL COMMISSION Robert Brutovsky, term to expire April 1, 1995 Steve Snelson, term to expire April 1, 1995 Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to consider Mayoral appointments /reappointments as follows: DES PLAINES YOUTH COMMISSION Appointments - Karina Danner - Koptik, R. Razz Jenkins Reappointments -Ann Elias, Gerald Fisher, Robert Neil, Darlene Heidlauf Motion declared carried as approved unanimously under Consent Agenda (final action on this matter will be taken under Consent Agenda on March 6, 1995). Moved by Christiansen, seconded by Sarlo, to amend Ordinance M -4 -95 that the Senior /Disabled Discount fee be increased by $20 for a total of $25. Discussion followed on the fee for Class B Plate fees. Staff will do a financial analyses by vehicle weight for the City Council review. Moved by Sarlo, seconded by Christiansen, that this matter be deferred until the next meeting of the City Council on March 6, 1995. (no vote taken) Moved by Sarlo, seconded by Beauvais, to adopt Ordinance M -5 -95, AN ORDINANCE AMENDING SECTION 5 -5 -25.24 OF CHAPTER 5 "OTHER BUSINESSES," OF TITLE V OF THE CITY CODE OF DES PLAINES, TO INCREASE THE NUMBER OF VEHICLE LICENSES TO FORTY -NINE (49). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sarlo, to adopt Ordinance M -6 -95, AN ORDINANCE AUTHORIZING THE SALE OF CITY OF DES PLAINES OWNED REAL PROPERTY (WEST SCHOOL). Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolo, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. �'M ORDINANCE T -4 -95 PARK. RESTR./ STRATFORD AND ARDMORE: Consent Agenda YARDWASTE PROGRAM: WARRANT REGISTER: AMBULANCE FEE COLL. SERVICES: ZONING CASE 94 -63 -V 620 LEE: PAGE FOUR Moved by Sarlo, seconded by Beauvais, to adopt Ordinance T -4 -95, AN ORDINANCE AMENDING SCHEDULE II, SECTION 10 -5- 5(F)(3), "3 -HOUR PARKING LIMIT," OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "ARDMORE ROAD, FROM DRAKE LANE TO STATE STREET, EAST SIDE OF STREET" AND "STRATFORD ROAD, FROM DRAKE LANE TO STATE STREET, WEST SIDE OF STREET." 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. PUBLIC WORKS - Alderman Curley, Chair 25. Moved by Curley, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council that the City accept proposal from Waste Management - Northwest, 360 Sumac Road, Wheeling, IL 60090, to reduce price for yardwaste stickers to $1.10 for the first year of their 5 -year contract with the City (3/1/95 to 2/28/2000), escalating by five cents in each of the subsequent years ($1.10 to $1.30), contingent upon the City closing the yardwaste dropoff facility at the Public Works Garage. Motion declared carried (final action under Consent Agenda on March 6, 1995). FINANCE & ADMINISTRATION - Alderman Haupt, Chair Moved by Chiropolos, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council approval of February 21, 1995 Warrant Register in the amount of $1,089,639.29; and Resolution R -9 -95 be adopted at appropiate time this evening. Motion declared carried. PUBLIC SAFETY - Alderman Elstner, Chair Moved by Sarlo, seconded by Chiropolos, to concur with Staff recommendation and recommend to the City Council to accept proposal option from Medical Reimbursement Services, Inc., P.O. Box 438495, Chicago, IL 60643, to provide Non - Resident Ambulance Fee Billing /Collection Services based on a 10% collection fee for a six -month trial period ending August 31, 1995, after which the Staff will evaluate the effectiveness of this option; decide whether to stay with the 10% of collections or go to a flat fee per billable event; and then enter into an agreement which would terminate on February 28, 1998. Motion declared carried. COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair 2/21/95 Attorney Daniel Dowd representing the petitioner, Kum Hee Kim, addressed the City Council regarding this matter. Moved by Beauvais, seconded by Elstner, to concur with recommendation of Des Plaines Zoning Board of Appeals, and recommend to the City Council re Zoning Case 94 -63 -V, to grant request for a Variation to permit a dance hall as an indoor commercial recreational use in C -4 Central Business Zoning District for property located at 620 Lee Street, #15, contingent upon: 620 LEE (Cont'd.) PAGE FIVE 26: 2/21/95 1. That all requirements of the Division of Building and Code Enforcement for the issuance of the occupancy permit be provided in accordance with approved plans and specifications; to include Fire Prevention requirements regarding but not limited to the capacity of the space and spacing of tables; 2. That no "live" entertainment be provided; 3. That food is not prepared or served on the premises; 4. That this variation be valid only for the use presented by the petitioner; a ballroom dancing club for adults. Motion declared carried. ZONING CASE Attorney William Vedral, representing petitioner Charcoal 95 - - SU Delights on Oakton, Inc., addressed the City Council 1090 OAKTON: regarding this matter. Mr. Don Meseth, Coordinator of the Des Plaines Emergency Management Agency, addressed the City Council expressing his concern about the traffic congestion and life safety which would result from this proposed restaurant. Moved by Beauvais, seconded by Chiropolos, to concur with the recommendation of the Des Plaines Zoning Board of Appeals and recommend to the City Council, re Zoning Case 95 -6 -SU, to grant request for Special Use to permit a fast food facility with a drive -thru station in C -2 General Commercial District, for property located at 1090 E. Oakton Street, and Ordinance Z -4 -95 be adopted at appropriate time this evening. Motion declared carried. Alderman Sarlo voted no. ZONING CASE Petitioner Cornell S. Bar addressed the City Council 95 - - regarding this matter. 755 FIRST: Ms. Roxanne Baird, 1087 Rose Avenue, addressed the City Council and expressed her concern about the added traffic that would result from this project and how it would affect the safety of children in the area; this land should be developed for single family homes or small businesses. Mr. Barry Petersen, 1056 Thacker Street, addressed the City Council and expressed opposition to the proposed use for this land. Moved by Elstner, seconded by Kisslinger, to concur with Staff recommendation and recommendation of the Des Plaines Zoning Board of Appeals, and recommend to the City Council, re Zoning Case 95 -7 -A, to deny request for Map Amendment to change present zoning district from C -2 General Commercial to R -4 Multiple Family Residential for property located at 755 First Avenue (northeast corner of Thacker /Dempster Street and First Avenue). Motion declared carried. Aldermen Beauvais, Chiropolos and Haupt voted no. ZONING CASE Vice President Bob Lewandowski, R. Franczak & Associates, 95 - 10 - representing petitioner River Development, Inc., 517 LAUREL: addressed the City Council regarding this matter. Moved by Chiropolos, seconded by Haupt, to concur with Staff recommendation and recommendation of Des Plaines Zoning Board of Appeals, and recommend to the City Council, re Zoning Case 95 -10 -A, to grant request for Map Amendment to change present zoning district from C -2 General Commercial to R -5 Central Core Multi- Family on property located at 517 Laurel Avenue, and Ordinance Z -6- 95 be adopted at appropriate time this evening. Motion declared carried. PAGE SIX 27. 2/21/95 Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. ZONING CASE Moved by Sarlo, seconded by Chiropolos, to concur with 95 -2 -A recommendation of Committee of the Whole on February 13, 1865 MINER: 1995, re Zoning Case 95 -2 -A, to deny request for Map Amendment to change present zoning district from M -2 General Manufacturing to R -2 Single Family Residential for property located at 1865 Miner Street. Motion declared carried. WARRANT Moved by Haupt, seconded by Chiropolos, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R -9 -95, BE IT RESOLVED BY THE CITY COUNCIL OF Resolution THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE R -9 -95 AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $1,089,639.29. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. AMBULANCE Moved by Elstner, seconded by Christiansen, to concur FEE COLL. with recommendation of Committee of the Whole to accept SERVICES: proposal option from Medical Reimbursement Services, Inc., P.O. Box 438495, Chicago, IL 60643, to provide Non - Resident Ambulance Fee Billing /Collection Services based on a 10% collection fee for a six -month trial period ending August 31, 1995, after which the Staff will evaluate the effectiveness of this option; decide whether to stay with the 10% of collections or go to a flat fee per billable event; and then enter into an agreement which would terminate on February 28, 1998. 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. ZONING CASE Moved by Sarlo, seconded by Chiropolos, to concur with 94 -63 -V recommendation of Committee of the Whole re Zoning Case 620 LEE: 94 -63 -V, to grant request for a Variation to permit a dance hall as an indoor commercial recreational use in C -4 Central Business Zoning District for property located at 620 Lee Street, #15, contingent upon: 1. That all requirements of the Division of Building and Code Enforcement for the issuance of the occupancy permit be provided in accordance with approved plans and specifications; to include Fire Prevention requirements regarding but not limited to the capacity of the space and spacing of tables; 2. That no "live" entertainment be provided; 3. That food is not prepared or served on the premises; 4. That this variation be valid only for the use presented by the petitioner; a ballroom dancing club for adults. Motion declared carried (further action on this matter will come under Consent Agenda on March 6, 1995). ZONING CASE Moved by Sarlo, seconded by Chiropolos, to concur with 95 -6 -SU recommendation of Committee of the Whole re Zoning Case 1090 OAKTON: 95 -6 -SU, to grant request for Special Use to permit a fast food facility with a drive -thru station in C -2 Ordinance General Commercial Zoning District, for property located Z -4 -95 at 1090 E. Oakton Street, and place on First Reading Ordinance Z -4 -95. Motion declared carried. PAGE SEVEN 2/21/95 Z - - 95 Moved by Sarlo, seconded by Chiropolos, to adopt (Cont'd.) Ordinance Z -4 -95, AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE USE OF AN EXISTING BUILDING FOR THE OPERATION OF A CLASS B RESTAURANT WITH DRIVE -THRU STATION AND GRANTING A VARIATION TO SECTION 9.1.7.2.2.11.2 OF THE ZONING ORDINANCE TO PERMIT 24 PARKING SPACES, WITH TWO HANDICAPPED SPACES, IN C -2 GENERAL COMMERCIAL DISTRICT ON THE PROPERTY COMMONLY KNOWN AS 1090 EAST OAKTON STREET (95- 6 -SU). Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Kisslinger, Curley, Chiropolos, Haupt NAYS: 1 -Sarlo ABSENT: 0 -None Motion declared carried. ZONING CASE Moved by Sarlo, seconded by Elstner, to concur with 95 - - recommendation of Committee of the Whole, re Zoning Case 755 FIRST: 95 -7 -A, to deny request for Map Amendment to change present zoning district from C -2 General Commercial to R -4 Multiple Family Residential for property located at 755 First Avenue (northeast corner of Thacker /Dempster Street and First Avenue). Motion declared carried. Aldermen Beauvais, Chiropolos, and Haupt voted no. ZONING CASE Moved by Sarlo, seconded by Chiropolos, to concur with 95 - 10 - recommendation of Committee of the Whole re Zoning Case 517 LAUREL: 95 -10 -A, to grant request for Map Amendment to change present zoning district from C -2 General Commercial to Ordinance R -5 Central Core Multi- Family for property located at 517 Z - - 95 Laurel Avenue, and place on First Reading Ordinance Z -6- 95. Motion declared carried. Alderman Beauvais voted no (conflict of interest). Moved by Sarlo, seconded by Chiropolos, to adopt Ordinance Z -6 -95, AN ORDINANCE AMENDING ARTICLE 3, SECTION 3.5 "R -5 CENTRAL CORE MULTIPLE FAMILY DISTRICT," OF THE CITY OF DES PLAINES ZONING ORDINANCE, BY ADDING THERETO A LEGAL DESCRIPTION FOR 517 LAUREL AVENUE AND AMENDING THE ZONING MAP ACCORDINGLY (CASE NO. 95- 10 -A). Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None ABSTAIN:1- Beauvais (conflict of interest) Motion declared carried. REG. SALE/ Moved by Kisslinger, seconded by Curley, that the City POSSESSION send a letter to all local State legislators expressing OF FIREARMS: strong opposition to House Bill 568 (the Local Government Firearm Regulation Preemption Act) that has been introduced in the General Assembly, which removes home rule powers to regulate the possession or sale of firearms. Motion declared carried. SOUND Moved by Sarlo, seconded by Chiropolos, that the City BARRIERS: send a letter to all local State legislators and appropriate State agencies expressing a strong urgency that sound barriers be construction along those portions of the Tri -State Tollway (I -294) and Northwest Tollway (I -90) that are adjacent to residential areas of Des Plaines. Motion declared carried. EXECUTIVE Moved by Beauvais, seconded by Sarlo, to go into SESSION: Executive Session to discuss acquisition of real property and pending 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. 1 1 1 EXEC. SESS. (Cont'd.) ACO. OF Moved by Kisslinger, seconded by Sarlo, that Staff be REAL authorized to proceed with acquisition of real property PROPERTY: as directed in Executive Session. 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. ADJOURNMENT: Moved by Sarlo, seconded by Elstner, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:13 p.m. APPROVED BY ME THIS r Ted Sherwood, MAYOR PAGE EIGHT Council recessed at 9:50 p.m. Council reconvened at 10:12 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt. 29. 2/21/95 Donna McAllister, CMC /AAE - CITY CLERK