03/18/1996255.
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,
MARCH 18, 1996
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 7:05 P.M. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday,
March 18, 1996.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo,
Chiropolos, Arredia.
Also present were: City Manager Douthwaite, Director of Finance &
Administration Peters, Police Chief Sturlini, Fire Chief Farinella,
Public Works Director Shirley, Community Development Director D'Onofrio,
City Engineer Oakley, Human Resources and Services Director Merriman, and
City Attorney Wiltse.
PRAYER AND The opening prayer was given by Father Edward Barrett,
PLEDGE: St. Mary Catholic Church, followed by the Pledge of
Allegiance to the Flag.
PRESENTATION: Mayor Sherwood presented a proclamation to C.W.M. ( "Bud ")
Brown proclaiming March 18 -23, 1996 as BUD BROWN DAYS for
his many years of outstanding service as a downtown
merchant and resident of Des Plaines, and asked that all
officials, residents and merchants salute him for his
contributions to the business community and the City at
large.
CONSENT Alderman Christiansen requested that Item 2 be removed
AGENDA: from the Consent Agenda; Alderman Curley requested that
Items 5 and 5a be removed; and Mayor Sherwood requested
that Item 11 be removed.
Moved by Sarlo, seconded by Chiropolos, to establish a
Consent Agenda except for Items 2, 5, 5a and 11. 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, Higgason,
Curley, Sarlo, Chiropolos, Arredia
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
The minutes are approved. The Staff recommendations and
requests are approved; Ordinances M-2-96, M -8 -96, M -9 -96
and Z -4 -96 are adopted; and Ordinances M -11 -96 and M -12-
96 are placed on First Reading.
MINUTES: Moved by Sarlo, seconded by Chiropolos, to approve
Consent minutes of regular meeting of the City Council held March
Agenda 4, 1996, as published. Motion declared carried as
approved unanimously under Consent Agenda.
ROSEMONT Alderman Christiansen read part of Cook County
REVENUE Commissioner Carl Hansen's newsletter in which he
SHARING highlighted his successful efforts to stop any
PROGRAM: acquisition of Forest Preserve land by another entity,
and asked, as a reminder to Commissioner Hansen, that his
newsletter be sent along with the letter or resolution
that will be sent to the Cook County Board of
Commissioners expressing the City's strong opposition to
their selling Forest Preserve land to Rosemont for a
casino site.
Moved by Christiansen, seconded by Chiropolos, to concur
with recommendation of Committee of the Whole held March
4, 1996, to not participate in the Rosemont Revenue
pfi4(
PAGE TWO
256.
3/18/96
ROSEMONT Sharing Program and letters or resolutions be sent as
(Cont'd.) follows:
West Central Municipal Conference stating the City's
opposition to the Rosemont Revenue Sharing Program;
Governor Edgar stating the City's opposition to issuance
of a casino license to Rosemont and urging that there be
a State -wide referendum on expansion of casino gaming in
Illinois;
All members of the Northwest Municipal Conference stating
the City's decision to not participate in this revenue
sharing program and the reasons;
Northwest Municipal Conference stating the City's strong
objection to their lobbying for a community not in their
service area; and
Cook County Board of Commissioners expressing the City's
strong opposition to their selling Forest Preserve land
to Rosemont for a casino site.
Motion declared carried.
AMEND Moved by Sarlo, seconded by Chiropolos, to concur with
TATTOOING Staff recommendation that Ordinance M- 11 -96, AN ORDINANCE
ORDINANCE: AMENDING TITLE VI "POLICE REGULATIONS" OF THE CITY CODE
Consent OF DES PLAINES, TO ADD THERETO A NEW CHAPTER 21
Agenda "TATTOOING," adopted on March 4, 1996, be amended to add
a new Section 6- 21 -2(C) grandfathering in existing
Ordinance licensed tattoo establishments; and further recommend to
M -11 -96 place on First Reading Ordinance M- •11 -96 - AS AMENDED,
AN ORDINANCE AMENDING TITLE VI "POLICE REGULATIONS" OF
THE CITY CODE OF DES PLAINES, TO ADD THERETO A NEW
CHAPTER 21 "TATTOOING." Motion declared carried as
approved unanimously under Consent Agenda.
PARTIAL Moved by Sarlo, seconded by Chiropolos, to concur with
EASEMENT Staff recommendation to grant request that City vacate
RELEASE/ a portion of a public easement on property located at 45
45 FLETCHER: Fletcher Drive, to permit the existing encroachment by
Consent a portion of the house of 4'7" x 27.71' and an additional
Agenda encroachment of 4'7" x 18' because of'a proposed addition
onto this house; and further recommend to place on First
Ordinance Reading Ordinance M- 12 -96, AN ORDINANCE AUTHORIZING THE
M -12 -96 PARTIAL RELEASE OF TEN FOOT PUBLIC EASEMENT OWNED BY THE
CITY OF DES PLAINES ON THE PROPERTY COMMONLY KNOWN AS 45
FLETCHER DRIVE. Motion declared carried as approved
unanimously under Consent Agenda.
AGREEMENT/ Alderman Curley requested clarification as to who would
DIST. #214 be paying the officer's salary and exactly how his work
POLICE time would be divided between District #214 and the City.
LIAISON
OFFICER: Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation that Mayor and City Clerk be
Resolution authorized to execute agreement with Township High School
R -23 -96 District #214 to employ a Des Plaines police liaison
officer for Maryville Education Center- Nipper School
during the normal school year, September through June;
funds approved in the 1996 Police Department budget;
termination by either party upon 60 days written notice;
and further recommend to adopt Resolution R- 23 -96, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES
PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH TOWNSHIP HIGH SCHOOL DISTRICT 214 FOR THE
PAYMENT OF A POLICE OFFICER'S SALARY BY DISTRICT 214, TO
PROVIDE A POLICE LIAISON OFFICER FOR MARYVILLE EDUCATION
CENTER /NIPPER SCHOOL 1101 E. GREGORY. Motion declared
carried.
NOVAK'S Moved by Sarlo, seconded by Chiropolos, to concur with
RESUBDIV./ recommendation of Des Plaines Plan Commission and Staff
1440 -1446 to approve final Plat of Subdivision for Novak's
WEDGEWOOD: Resubdivision located at 1440 -1446 Wedgewood Avenue; and
Consent Mayor and City Clerk be authorized to execute same.
Agenda Motion declared carried as approved unanimously under
Consent Agenda.
PAGE THREE
257.
3/18/96
JULY 4TH Moved by Sarlo, seconded by Chiropolos, to concur with
PARADE Mayor's recommendation to grant request from Des Plaines
JAYCEES: Area Jaycees to hold the annual Independence Day parade
Consent on Thursday, July 4, 1996, beginning at 10:30 a.m.,
Agenda proceeding down Center Street from Oakton Street to
Prairie Avenue; Des Plaines Area Jaycees to provide
necessary Certificate of Insurance. Motion declared
carried as approved unanimously under Consent Agenda.
FENCE Moved by Sarlo, seconded by Chiropolos, to concur with
VARIATION/ Staff recommendation to grant request from Kennedy
630, 631 Community Development, developers of Longford Glen
AND 641 Subdivision, for variation to Section 6 -7 -1 of the City
CASTLEREA & Code to permit construction of a 6' high, board on board
631 fence (code requires that fences not exceed 3 -1/2' in
LONGFORD: height and be at least '50% open), one foot off the
Consent property line and run approximately 433' along North Wolf
Agenda Road at the rear of 630, 631 and 641 Castlerea Lane and
along side yard of 631 Longford Drive. Motion declared
carried as approved unanimously under Consent Agenda.
FENCE Moved by Sarlo, seconded by Chiropolos, to concur with
VARIATION/ Staff recommendation to grant request for variation to
10 WEST Section 6 -7 -1 of the City Code to permit construction of
DOVER: a 6' high, solid, cedar board fence (code requires that
Consent fences not exceed 3 -1/2' in height and be at least 50%
Agenda open), one foot off the property line and run
approximately 53' along Mt. Prospect Road and run
approximately 49' along Dover Drive, on property located
at 10 West Dover Drive. Motion declared carried as
approved unanimously under Consent Agenda.
BID AWARD/ Moved by Sarlo, seconded by Chiropolos, to concur with
PAVER BOX Staff recommendation to award bid for One (1) Self
& TRAILER: Propelled Asphalt Paver Box and Trailer to Casey
Consent Equipment Company, Inc., 1603 E. Algonquin Road,
Agenda Arlington Heights, IL 60005, who offers the preferred Lee
Boy Model 1000B Paver, for the full bid amount of
$39.,675, plus three (3) upgrade options for the paver
(hydraulically operated hopper wings - $1,375; seamless
screed - $1,565; and electric control for depth
adjustment screws - $785), for a total bid amount with
options of $43,400 /Budgeted Funds. Motion declared
carried as approved unanimously under Consent Agenda.
BID AWARD/ Moved by Sarlo, seconded by Beauvais, to concur with
TURF MOWING Staff recommendation to waive bid irregularity of
& LANDSCAPE incomplete contract documents and an invalid bid
MAINTENANCE: security, which have now been corrected, and that it
would be in the best interest of the City to award bid
for Turf Mowing and Landscape Maintenance - Various
Locations, to the lowest bidder, D & J Landscaping, Inc.,
2159 Rand Road, Palatine, IL 60074, in the total bid
amount of $17,887.22 /Budgeted Funds. Motion declared
carried.
BID AWARD/ Moved by Sarlo, seconded by Chiropolos, to concur with
1996 TREES Staff recommendation to award bid for Trees, Spring Plant
PURCHASE: - 1996, to the lowest bidder, Davey Tree Farm, 5509
Consent Congress Road, Wooster, Ohio, 44240, in the total bid
Agenda amount of $6,413 /Budgeted Funds, for the purchase of 83
trees. Motion declared carried as approved unanimously
under Consent Agenda.
BID AWARD/ Moved by Sarlo, seconded by Chiropolos, to concur with
1996 TREE Staff recommendation to award bid for Parkway Tree and
AND STUMP Stump Removal Contract - 1996, to R. W. Hendricksen
REMOVAL: Company, 1370 S. Pennsylvania, Des Plaines, in an amount
Consent not -to- exceed $25,000 /Budgeted Funds. Motion declared
Agenda carried as approved unanimously under Consent Agenda.
BID AWARD/
1996 TREE
TRIMMING:
Consent
Agenda
BID AWARD/
RECOATING
FLOORING
FIRE DEPT.:
Consent
Agenda
ADVERTISE
FOR BIDS:
Consent
Agenda
REAPPOINT.:
Consent
Agenda
ORDINANCE
M -2 -96
SANITARIAN
TECHNICIAN
POSITION:
Consent
Agenda
ORDINANCE
M -8 -96
AMENDMENT/
LIO. LIC.
REOUIREMENTS:
Consent
Agenda
ORDINANCE
M -9 -96
SR. CIVIL
ENGINEER
POSITION:
Consent
Agenda
PAGE FOUR
258.
3/18/96
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation to award bid for Tree Trimming
Service - 1996, to the lowest bidder, R. W. Hendricksen
Company, 1370 S. Pennsylvania, Des Plaines, in an amount
not -to- exceed $70,000 /Budgeted Funds. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to concur with
Staff recommendation to award bid for Recoating of
Concrete Flooring, Fire Stations #1, #2 and #3, to the
lowest bidder, Concare, Inc., 2839 Birch Street, Franklin
Park, IL 60131, for the total bid amount of
$24,539 /Budgeted 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 Public Safety Computer System
Maintenance, returnable by 3:00 p.m., Thursday, April 4,
1996. 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 Office Furniture and Computer -
Office Accessories for Police Records Department,
returnable by 3:00 p.m., Friday, April 12, 1996. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sarlo, seconded by Chiropolos, to approve
Mayoral appointments of Lisa Golden, James Schroeder and
Cornelio C. Morales to the Des Plaines Human Services
Advisory Commission, all terms to expire January 1, 1999.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance M -2 -96, AN ORDINANCE AMENDING SCHEDULE V
"TECHNICAL, ENGINEERING AND INSPECTION GROUP," EFFECTIVE
MAY 1, 1995 TO APRIL 30, 1996, OF SECTION 1- 15 -4(A) OF
THE CITY CODE OF DES PLAINES, PERTAINING TO THE CITY'S
POSITION CLASSIFICATION AND CONPENSATION PLAN, TO ADD
THERETO THE POSITION CLASSIFICATION OF "SANITARIAN
TECHNICIAN." Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance M -8 -96, AN ORDINANCE AMENDING SECTIONS 5-34 -
6(C) AND 5- 34 -21(A) OF CHAPTER 34 "INTOXICATING LIQUORS,"
TITLE V, OF THE CITY CODE OF DES PLAINES. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance M -9 -96, AN ORDINANCE AMENDING SCHEDULE IV
"SUPERVISORY AND ADMINISTRATIVE GROUP," EFFECTIVE FROM
MAY 1, 1995 TO APRIL 30, 1996 OF SECTION 1-15-4(A) OF THE
CITY CODE OF DES PLAINES, PERTAINING TO THE CITY'S
POSITION CLASSIFICATION AND COMPENSATION PLAN, TO ADD
THERETO THE POSITION OF "SENIOR CIVIL ENGINEER" AND
AMENDING SCHEDULE V -A "NON - UNIONIZED PERSONNEL,"
EFFECTIVE FROM MAY 1, 1995 TO APRIL 30, 1996 OF SECTION
1- 15 -4(A) OF THE CITY CODE OF DES PLAINES, PERTAINING TO
THE CITY'S POSITION CLASSIFICATION AND COMPENSATION PLAN,
TO DELETE THEREFROM THE POSITION OF "SENIOR CIVIL
ENGINEER." Motion declared carried as approved
unanimously under Consent Agenda.
PAGE FIVE
3/18/96
ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt
Z -4 -96 Ordinance Z -4 -96, AN ORDINANCE GRANTING A SPECIAL USE
SPEC. USE & PERMIT AND VARIATIONS PURSUANT TO ARTICLES 4, 8, 9 AND
VARIATION/ 10 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT
800 8. THE CONSTRUCTION OF A GASOLINE SERVICE STATION AND CAR
ELMHURST: WASH IN C -2 GENERAL COMMERCIAL DISTRICT ON THE PROPERTY
Consent COMMONLY KNOWN AS 800 SOUTH ELMHURST ROAD (96- 01 -SU).
Agenda Motion declared carried as approved unanimously under
Consent Agenda.
ORDINANCE Moved by Chiropolos, seconded by Arredia, to advance to
M -11 -95 Second Reading and adopt Ordinance M -11 -96 - AS AMENDED,
AS AMENDED/ AN ORDINANCE AMENDING TITLE VI "POLICE REGULATIONS" OF
TATTOOING: THE CITY CODE OF DES PLAINES, TO ADD THERETO A NEW
CHAPTER 21 "TATTOOING." Upon roll call, the vote was:
AYES: 7- Christiansen, Elstner, Higgason, Curley,
Sarlo, Chiropolos, Arredia
NAYS: 0 -None
ABSENT: 1- Beauvais
Motion declared carried.
ORDINANCE Moved by Christiansen, seconded by Elstner, to advance
M -12 -96 to Second Reading and adopt Ordinance M- 12 -96, AN
EASEMENT ORDINANCE AUTHORIZING THE PARTIAL RELEASE OF TEN FOOT
RELEASE/ PUBLIC EASEMENT OWNED BY THE CITY OF DES PLAINES ON THE
45 FLETCHER: PROPERTY COMMONLY KNOWN AS 45 FLETCHER DRIVE. Upon roll
call, the vote was:
AYES: 7- Christiansen, Elstner, Higgason, Curley,
Sarlo, Chiropolos, Arredia
NAYS: 0 -None
ABSENT:°1- Beauvais
Motion declared carried.
Mayor Ted Sherwood declared that the City Council was now
resolved into a Committee of the Whole
FINANCE & ADMINISTRATION - Alderman Christiansen, Chair
WARRANT Moved by Sarlo, seconded by Arredia, to concur with Staff
REGISTER: recommendation and recommend to the City Council approval
of March 18, 1996 Warrant Register in the amount of
$1,928,081.46; and Resolution R -24 -96 be adopted at
appropriate time this evening. Motion declared carried
(Alderman Christiansen abstained from voting on funding
for The Center of Concern, Voucher #03248, Page 10 -
conflict of interest).
PUBLIC WORKS - Alderman Elstner, Chair
REVIEW BIDS/ Moved by Chiropolos, seconded by Higgason, to concur with
WELLER CREEK Staff recommendation and recommend to the City Council
RETAINING that bid for Rehabilitation - Weller Creek Retaining Wall
WALL REHAB.: be awarded to the lowest bidder, Gale Construction
Company, 14832 Kotlin Road, Lemont, IL 60439, in the
total bid amount of $28,500. Motion declared carried.
BUILDING CODE - Alderman Arredia, Chair
FENCE Petitioner Eugene Fregetto addressed the City Council and
VARIATION/ explained that he was unaware of the need for a building
800 LAUREL: permit to replace an existing fence that was repeatly
damaged by high winds.
Moved by Elstner, seconded by Chiropolos, to concur with
Staff recommendation and recommend to the City Council
to grant request to make legal an existing fence that is
less than 50% open and 5' high (code requires that fences
VP1 not exceed 3 -1/2' in height and be at least 50% open),
800 LAUREL
(Cont'd.)
PAGE SIX
260.
3/18/96
along Thacker Street side of property located at 800
Laurel Avenue; conditional upon petitioner obtaining a
building permit and pay a double permit fee; and further
recommend that the petitioner pay a fine of $25.00; for
a total amount of $81.00. Motion declared carried (final
action on this matter under Consent Agenda on April 1,
1996) .
Mayor Ted Sherwood assumed the chair, and declared the
City Council back in session.
ZONING CASE The following motion was approved by the City Council on
95 -52 -SU December 4, 1995; reconsidered on December 18, 1995;
1637 postponed to February 20, 1996 on December 18, 1995; and
VNAAMRIR1 postponed to this date on February 20, 1996:
Wet95rer GI✓-
Postponed t Moved by Curley, seconded by Higgason, to concur with
Matter recommendation of Committee of the Whole held November
29, 1995, re Zoning Case 95- 52 -SU, to NOT concur with
recommendation of the Des Plaines Plan Commission, Des
Plaines Zoning Board of Appeals and Staff, and DENY
request for a Special Use Permit to construct a 43 -space
paved parking lot on property located at 1637 Webster
Lane in R -2 Single Family Resident District.
Upon roll call on this reconsidered motion, the vote was:
AYES: 2- Higgason, Curley
NAYS: 6- Beauvais, Christiansen, Elstner, Sarlo,
Chiropolos, Arredia
ABSENT: 0 - None
Motion declared failed.
Moved by Sarlo, seconded by Christiansen, to suspend the
rules to permit public input on this matter. Motion
declared carried.
Petitioner Nat Caputo, 671 Bending Court, Des Plaines,
and his attorney, Louis Capozzoli, 1484 Miner Street, Des
Plaines, addressed the City Council and reviewed the 18
conditions as requested by Alderman Curley and as
presented in City Attorney Wiltse's memo of March 14,
1996 (see attached).
Mr. Caputo and Mr. Capozzoli stated that most of the
conditions were acceptable with the following exceptions:
a. Second sentence in Item 2;
b. Last sentence in Item 7 requiring that lights would
be turned off by 9:00 p.m.; this would impact Item 9
which requires that security camera be installed and
viewing of proposed lot be maintained. Mr. Capozzoli
stated that a security camera would be ineffective in a
dark parking lot;
c. Item 10;
d. Required diameter of trees in Item 14; would agree
to 2 -1/2" diameter instead of required 4" diameter;
e. First sentence in Item 16;
f. Item 17; and
g. Item 18.
Mrs. Diane Shay, 1645 Webster Lane, addressed the City
Council stating that deliveries to Caputo's Fruit Market
have been at 4:00 a.m. for the last four Saturday
mornings; they have over 20 deliveries a day; this
business does not need 40 extra parking spaces; this
parking lot will cause more congestion, more traffic.
Mrs. Carol Tierney, 10 W. Dover Drive, addressed the City
Council stating that she is neutral in this matter; her
only concern is the traffic at Oakton Street and Webster
Lane; should have some kind of traffic control, i.e.
PAGE SEVEN
261.
3/18/96
WEBSTER LANE right turn only onto Oakton Street; concerned about
(Cont'd.) traffic congestion.
Mayor Sherwood called for a five (5) minute recess.
The City Council recessed at 9:00 p.m.
The City Council reconvened at 9:06 p.m.
Moved by Curley, seconded by Higgason, to DENY request
re Zoning Case 95- 52 -SU, for a Special Use Permit to
construct a 43 -space paved parking lot on property
located at 1637 Webster Lane in R -2 Single Family
Resident District. Upon roll call, the vote was:
AYES: 3- Christiansen, Higgason, Curley,
NAYS: 5- Beauvais, Elstner, Sarlo, Chiropolos, Arredia
ABSENT: 0 -None
Motion declared failed. Mayor Sherwood requested that
the record show his support of those aldermen who voted
in favor of the denial.
Moved by Chiropolos, seconded by Sarlo, to GRANT request
re Zoning Case 95- 52 -SU, for a Special Use Permit to
construct a 43 -space paved parking lot on property
located at 1637 Webster Lane in R -2 Single Family
Resident District, contingent upon the following
conditions:
a. The petitioner will not sell, store or display any
merchandise of any kind in the proposed new parking lot;
b. No delivery trucks will be allowed to stand, park,
or unload in the new parking lot;
c. There will be no storage or garbage pick -up made from
or in the new parking lot;
d. There will be no parking of any vehicle overnight in
the new parking lot;
e. The fence on the north side of residential lot (1637
Webster Lane) will be 8' high and opaque with no gates
as per Section 6- 7 -1(B) of the City Code; fence to be
built from ground up with no space (or little space
underneath);
f. There will be no new entrance made from Webster Lane
into new parking lot; proposed lot will be curbed to
prevent runoff;
g. Petitioner will provide evidence in the form of a
written verification from the third party, that the
lighting on the proposed lot will be maintained in
accordance with Section 9.1.8.4.4 of the Zoning
Ordinance; the first light pole off of Webster in
proposed parking lot will be moved further in from
Webster Lane; lights on lot will go off by 9:00 p.m.;
h. All handicap parking spaces will be put in front of
the store and not used to display product;
i. A security camera will be installed and viewing of
the proposed parking lot maintained;
I. No left turn allowed from proposed parking lot south
on Webster Lane;
k. No further expansion of the existing building will
be permitted;
1. No further expansion of parking lot beyond the
proposed parking lot;
m. That ten (10) trees will be installed on south side
of proposed parking lot - the trunks at least 2 -1/2" in
diameter;
n. That proposed parking lot and landscaping be
maintained; and
o. Space between Webster Lane and fence along south side
of proposed parking lot (setback) be lined with
evergreens.
Moved by Curley, seconded by Higgason, to amend the
motion to add that should the petitioner sell or relocate
his business, the Special Use Permit would be revoked.
Upon roll call, the vote was:
vrk
1
1
1
PAGE EIGHT
262.
3/18/96
WEBSTER LANE AYES: 6- Beauvais, Christiansen, Elstner, Higgason,
(Cont'd.) Curley, Arredia
NAYS: 2- Sarlo, Chiropolos
ABSENT: 0 -None
Motion declared carried.
Upon roll call on the motion to GRANT, as amended, the
vote was:
AYES: 4- Beauvais, Elstner, Sarlo, Chiropolos
NAYS: 5- Christiansen, Higgason, Curley, Arredia,
Sherwood
ABSENT: 0 -None
Motion declared failed.
FINANCIAL Moved by Christiansen, seconded by Chiropolos, to concur
INCENTIVES/ with recommendation of Committee of the Whole held March
DES PLAINES 11, 1996, that Mayor and City Clerk be authorized to
CHRYSLER execute Business Development Agreement with The Haeger
PLYMOUTH: Automotive Group, Inc., 622 Northwest Highway, to provide
financial incentives as approved by the City Council on
October 16, 1995 and February 5, 1996; and further
recommend to adopt Resolution R- 22 -96, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS,
AUTHORIZING THE EXECUTION OF A "BUSINESS DEVELOPMENT
AGREEMENT" WITH THE HAEGER AUTOMOTIVE GROUP, INC. Upon
roll call, the vote was:
AYES: 8- Beauvais, Christiansen, Elstner, Higgason,
Curley, Sarlo, Chiropolos, Arredia
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
WARRANT Moved by Christiansen, seconded by Sarlo, to concur with
REGISTER: recommendation of Committee of the Whole to adopt
Resolution R- 24 -96, BE IT RESOLVED BY THE CITY COUNCIL
Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
R - 24 - 96 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$1,928,081.46. Upon roll call, the vote was:
AYES: 8- Beauvais, Christiansen, Elstner, Higgason,
Curley, Sarlo, Chiropolos, Arredia
NAYS: 0 -None
ABSENT: 1- Arredia
Motion declared carried.
BID AWARD/ Moved by Elstner, seconded by Beauvais, to concur with
WELLER CREEK recommendation of Committee of the Whole that bid for
RETAINING Rehabilitation - Weller Creek Retaining Wall be awarded
WALL REHAB.: to the lowest bidder, Gale Construction Company, 14832
Kotlin Road, Lemont, IL 60439, in the total bid amount
of $28,500. Upon roll call, the vote was:
AYES: 8- Beauvais, Christiansen, Elstner, Higgason,
Curley, Sarlo, Chiropolos, Arredia
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
ADJOURNMENT: Moved by Curley, seconded by Chiropolos, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:00 p.m.
APPROVED BY ME THIS 3
DAY OF
. 11
wed Sherwood, MAYOR
1996
Donna McAllister, CMC /AAE - CITY CLERK
Gam^ , CITY OF DES PLAINES
1420 MINER /NORTHWEST HIGHWAY 11111 DES PLAINES, ILLINOIS 60016 -4498 11111 (847)391 -5300
MEMORANDUM
TO: Mayor Ted Sherwood
Members of the City Council
Donna McAllister, City Clerk
F. Wallace Douthwaite, City Manager
!ROM: , David R. Wiltse, City Attorney
DATE: March 14, 1996
RE: Caputo - Special Use Conditions
Alderman Curley has requested my review of 18 conditions for the
proposed special use parking lot for Caputos. Accordingly, I have
reviewed and revised some of the language. I wish to make clear
that review and revision of the language in some of the paragraphs
does not indicate approval or disapproval by me of the various
concepts expressed therein.
Paragraph 17 has been restructured. The 6 month language, the more
than 3 occurrences language, and the three day closure language are
based only on what I feel is reasonable, if such a provision is
accepted by Caputo and approved by the Council. The second
paragraph under number 18 is more in the nature of a notation for
further consideration.
I would also recommend that these provisions be sent the Caputo's
attorney to see which items would be acceptable. This would narrow
the issues for consideration on March 18.
DRW:bg
Attachment
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1. The petitioner is not to sell, store or display any
merchandise of any kind in the proposed new parking lot.
2. No delivery trucks would be allowed to stand, park, or unload
in the new parking lot. Deliveries would be between 7:00 A.M.
and 4:00 P.M. only in the existing lot.
3. There will be no storage or garbage pick -up made from or in
the new parking lot.
4. There would be no parking of any vehicle overnight in new lot.
5. The fence on the north side of residential lot (1637 Webster
Lane) will be 8 feet high and board on board with no gates as
per City Code Section 6- 7 -1(B). Fence should be built from
ground up with no space (or little space underneath).
6. There will be no new entrance made from Webster Lane into new
parking lot. The proposed lot would be curbed to prevent
runoff.
7. Petitioner will provide evidence in the form of a written
verification from the third party, that the lighting on the
proposed lot will be maintained in accordance with section
9.1.8.4.4 of the City of Des Plaines Zoning Ordinance. The
first light pole off of Webster in proposed lot would be moved
further in from Webster. Lights on lot would go off by 9:00
P.M.
8. All handicap parking spaces would be put in front of the
store, and not used to display product.
9. That a security camera be installed and maintained viewing
proposed lot.
10. That a sidewalk matching the existing lot and proposed lot be
installed and landscaped accordingly.
11. No left turn allowed from parking lot south on Webster Lane.
12. No further expansion of the existing building be permitted.
13. No further expansion of parking lot beyond the proposed lot.
14. That 10 trees be installed on south side of proposed lot - the
trunks at least 4" in diameter.
15. That parking lot and landscaping be maintained.
a
16. Landscaping proposed lot and Webster; a berm between sidewalk
and proposed lot would be topped with evergreen - side by side
to act as a screen - evergreens to be at least 6' high.
Space between Webster and fence along south side of proposed
lot (setback) be lined with evergreens.
17. It is expressly understood that the granting of this special
use and its continued effect /duration are expressly
conditioned on the owner's compliance with the foregoing
conditions as well as the provisions of the City Code, state
statues and all applicable laws. The notice of violation by
letter from the City of any of the above conditions, more than
3 times in a 6 month period, will result in the voluntary
closure of the lot for a 3 -day period, as determined by the
City. The owner agrees that subsequent violations of these
conditions will require the closure of the lot for increasing
periods of time as determined by Mayor. The owner agrees
that any such closures are not appealable to any higher
authority and hereby expressly waives-any such-right-.
18. In the event that Caputo should sell or relocate his produce .
business, at any time in the future, the special use permit
would_ be 4 voided . and .the . parking lot be ..removed ,and . property
restored . its - original condition..
Flooding and sewage backup will have to be addressed when the
engineering plans°: are' done:: - - This is -a combined ' sewer. area' sand ,
Caputo has had previous problems with flooding. With the
proposed 18,000 sq. ft. lot being paved, the additional run
off could create additional problems. Residences are
concerned as to where the run off water will go so as not to
affect the residence.