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06/17/1996297. 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, JUNE 17, 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, June 17, 1996. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Sarlo, Chiropolos, Arredia. Alderman Curley was absent. Also present were: City Manager Douthwaite, Assistant City Manager Carter, 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 PLEDGE: WELCOME: CONSENT AGENDA: The opening prayer was given by Deacon Peter Lagges, St. Zachary's Church, followed by the Pledge of Allegiance to the Flag. Mayor Sherwood welcomed the students from Maine West High School who are participating in the City's Clinical Government Program which is now in its 21st year. Mayor Sherwood and the representative of a petitioner requested that Item 5 be removed from the Consent Agenda. Moved by Sarlo, seconded by Elstner, to establish a Consent Agenda except for Item 5. Motion declared carried. Moved by Higgason, seconded by Elstner, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 1- Curley Motion declared carried. The minutes are approved. The Staff recommendations and requests are approved; Ordinances M- 20 -96, M- 21 -96, Z -9- 96, Z -10 -96 and Z -13 -96 - AS AMENDED are adopted; Ordinance M -22 -96 is placed on First Reading; and Resolutions R -40 -96 and R -41 -96 are adopted. EXEC. SESS. (Minutes of Executive Session of May 20, 1996, are being MINUTES/ held for review and report) MAY 20, 1996: MINUTES: Moved by Higgason, seconded by Elstner, to approve Consent minutes of regular meeting of the City Council held June Agenda 3, 1996, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to approve minutes of Executive Session of the City Council held June 3, 1996. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE Moved by Higgason, seconded by Elstner, to concur with 95 -62 -SU recommendation of Committee of the Whole held May 29, 440 POTTER: 1996, re Zoning Case 95- 62 -SU, to DENY request for a Consent Special Use to permit construction of a church on a Agenda 25,314 sq. ft. (0.58 acre) parcel of land on property located at 440 Potter Road, on the west side of Potter Road, approximately 200' south of Church Street, in R -2 D�" 440 POTTER (Cont'd.) PAGE TWO 298. 6/17/96 Single Family Residential District (a Special Use is required if a new church is constructed on a parcel less than one acre in size). Motion declared carried as approved unanimously under Consent Agenda. FINAL PLAT/ Mayor Sherwood stated that as a result of the decision BALLARD RD. by the Committee of the Whole on May 29, 1996 to deny RESUBDIV. request for approval of Final Plat for Ballard Road 2420 & 2430 Resubdivision, 2420 and 2430 Ballard Road, the City had BALLARD RD.: received two letters from John W. Mauck from the law firm of Mauck, Bellande, Cheely, 19 S. LaSalle Street, Suite 1203, Chicago, IL 60603. Mayor Sherwood stated that Mr. Mauck, who is representing the petitioner, International Pentecostal Church of God, implied in his letters that the City Council's decision was based, in part at least, on racial discrimination and, as a result, the City Council "could be held personally liable for damages." Mayor Sherwood stated his strong objection to this "threat." Alderman Sarlo stated that the City Council is not preventing the church from being built; they can do that without subdividing the property; the petitioner even stated that at the meeting on May 29, 1996. Architect Mark Ridolphi, representing the petitioner, addressed the City Council requesting that the City Council reconsider their action; that the real issue of preserving the house and keeping it on the tax rolls was never addressed by the City Council; flooding would not be a problem because of the preventive action the petitioner has proposed and which has been approved by the City's Engineering Department. Moved by Sarlo, seconded by Chiropolos, to suspend the rules to permit two church representatives to address the City Council. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 1- Curley Motion declared carried. Mr. Mathew Thomas, secretary of the church, who lives in Lockport, Illinois, addressed the City Council requesting the City Council to reconsider their decision; the discussion at the Committee of the Whole meeting on May 29, 1996 never focused on the real issue which was the subdivision; the City should not decide how many churches a community should have; the City should encourage people to come into the community not send them away; the subdivision issue was never addressed, only the flooding issue. Pastor of the International Pentecostal Church of God addressed the City Council requesting that the City Council reconsider their decision; they need a permanent church building. The pastor submitted 23 letters from Des Plaines residents, who are members of his church, requesting that the subdivision be approved. Moved by Beauvais, seconded by Chiropolos, to suspend the rules to permit two more people to address the City Council. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 1- Curley Motion declared carried. BALLARD RD. (Cont'd.) PAGE THREE 299. 6/17/96 Ms. Diane Lavine, 495 Ironwood Drive, addressed the City Council stating that she is not against this church; the issue has been and always will be flooding and traffic; residents in the area face hundreds and hundreds of dollars in damages every year because of flooding; there is no part of the City that is more ethnically diverse than this area; the problem is any building that takes away green land. Ms. Pam Warford, 2530 Church Street, addressed the City Council stating that keeping this house on the tax rolls would not save that much money; most of the land has been taken off the tax rolls; personally not against the church; concerned about the flooding. Mayor Sherwood stated that the City Attorney would like time to review the two letters from Mr. Mauck and the City's liability, if any, in this matter. Moved by Beauvais, seconded by Christiansen, to postpone until July 1, 1996, action on the recommendation of the Committee of the Whole on May 29, 1996, to DENY request for approval of Final Plat of Resubdivision for Ballard Road Resubdivision, 2420 and 2430 Ballard Road, which would divide the 232' x 360' parcel into two lots of record (Lot 1 at 115' x 360' with a total lot area of 65,509 sq. ft. (1.5 acres), and Lot 2 at 100' x 175' with a total lot area of 17,158 sq. ft.). Motion declared carried. Alderman Sarlo voted no. REVISED Moved by Higgason, seconded by Elstner, to concur with POLICE Staff recommendation to amend Title I, Chapter 15, COMPENSATION Section 1 - 15 - 4 "Classification Plan to the City Service," PLAN: to add thereto "Police Group - Salary Schedule II," to Consent revise compensation plan effective May 1, 1996 to April Agenda 30, 1997, as required under the Police Union contract; and further recommend to place on First Reading Ordinance Ordinance M 22 - 96; AN ORDINANCE AMENDING SECTION 1 - 15 - 4 M - 22 - 96 "CLASSIFICATION PLAN TO THE CITY SERVICE," OF CHAPTER 15, TITLE I, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "POLICE GROUP - SALARY SCHEDULE II," EFFECTIVE MAY 1, 1996 TO APRIL 30, 1997. Motion declared carried as approved unanimously under Consent Agenda. REVISE FOI Moved by Higgason, seconded by Elstner, to concur with RULES & Staff recommendation to revise City's rules and REGULATIONS: regulations pertaining to Illinois Freedom of Information Consent Act to exempt Emergency Medical Service (EMS) Reports Agenda from disclosure under the FOI Act; and further recommend to adopt Resolution R- 40 -96, A RESOLUTION AMENDING THE Resolution RULES AND REGULATIONS ESTABLISHED BY THE CITY OF DES R - 40 - 96 PLAINES PURSUANT TO THE ILLINOIS FREEDOM OF INFORMATION ACT AND OTHER DOCUMENT REQUESTS. Motion declared carried as approved unanimously under Consent Agenda. EXTENSION/ Moved by Higgason, seconded by Elstner, to concur with CABLE TV Staff recommendation to authorize extension of Cable FRANCHISE Television Franchise Agreement between the City and AGREEMENT: Telenois, Inc., for a six (6) month period, beginning Consent July 28, 1996 and ending January 28, 1997, while Agenda franchise renewal negotiations are in process; and further recommend to adopt Resolution R- 41 -96, A Resolution RESOLUTION AUTHORIZING AN EXTENSION TO THE CABLE R - 41 - 96 TELEVISION FRANCHISE AGREEMENT WITH TELENOIS, INC. Motion declared carried as approved unanimously under Consent Agenda. FINAL PLAT Moved by Higgason, seconded by Elstner, to concur with APPROVAL/ recommendation of Des Plaines Plan Commission and Staff ROYAL COURT to approve Final Plat of Resubdivision for Royal Court INN RESUB.: Inn Resubdivision, located at 1750 S. Elmhurst Road, Consent contingent upon parking lot adjacent to Oakton Street Agenda being repaired before Plat of Resubdivision is recorded; ROYAL COURT (Cont'd.) PAGE FOUR 300. 6/17/96 and Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. PATIO Moved by Higgason, seconded by Elstner, to concur with VARIATION/ Staff recommendation to grant request for Variation to 1000 CARLOW: Section 515 of the Building Code to add 434 sq. ft. to Consent existing patio of 379 sq. ft., for a total area of 813 Agenda sq. ft. (code permits patios to have a total area of 344 sq. ft.), on property located at 1000 Carlow Drive. Motion declared carried as approved unanimously under Consent Agenda. PATIO Moved by Higgason, seconded by Elstner, to concur with VARIATION/ Staff recommendation to grant request for Variation to 1541 MIAMI: add 66 sq. ft. to existing patio of 366 sq. ft., for a Consent total area of 432 sq. ft. (code permits patios to have Agenda a total area of 344 sq. ft.) , on property located at 1541 Miami Lane. Motion declared carried as approved unanimously under Consent Agenda. FENCE Moved by Higgason, seconded by Elstner, to concur with VARIATION/ Staff recommendation to grant request for Variation to 792 & 795 Section 6 -7 -1 of the City Code to permit construction of CITADEL CT.: a 6' high, cedar, 100% solid fence to enclose rear and Consent front yards of both lots abutting Dempster /Thacker Street Agenda at 792 and 795 Citadel Court (code permits front yard fences to not exceed 3 -1/2' in height and be at least 50% open). Motion declared carried as approved unanimously under Consent Agenda. REPEAL OF Moved by Higgason, seconded by Elstner, to concur with BID AWARD/ Staff recommendation to repeal action taken by the City DUMP TRUCKS: Council on April 1, 1996, awarding bid for Five (5) One - Consent Ton Heavy Duty Four -Wheel Drive Dump Trucks with Mounted Agenda Plows, one unit only with Salt Spreader, to Bob Fish GMC, 5566 Hwy P, West Bend, WI 53095, for their total bid amount of $142,483, because they cannot provide the special orange paint package the City requires; these vehicles will be re -bid in July or August once the 1997 model year trucks are available. Motion declared carried as approved unanimously under Consent Agenda. REJECT BID/ Moved by Higgason, seconded by Elstner, to concur with WATERPROOF. Staff recommendation to reject single bid received on May OF FIRE STA. 22, 1996, from U.S. Waterproofing, 3212 S. Nordic, #2 BASEMENT: Arlington Heights, IL 60005, in the bid amount of Consent $13,040, for waterproofing the basement at Fire Station Agenda #2, because the amount is over budget; and Fire Department be authorized to readvertise for bids later in 1996. Motion declared carried as approved unanimously under Consent Agenda. REAPPOINT.: Moved by Higgason, seconded by Elstner, to consider Consent Mayoral reappointment of Richard Hassman to the DES Agenda PLAINES ELECTRICAL COMMISSION. Motion declared carried as approved unanimously under Consent Agenda (final action on this matter under Consent Agenda on July 1, 1996) . ORDINANCE Moved by Higgason, seconded by Elstner, to adopt M -20 -96 Ordinance M- 20 -96, AN ORDINANCE ENACTING 820 ILCS 130/1, PREVAILING ET SEQ. (1994) PERTAINING TO WAGES OF EMPLOYEES WAGE RATES: PERFORMING PUBLIC WORKS CONSTRUCTION AND PREVAILING WAGE Consent RATES. Motion declared carried as approved unanimously Agenda under Consent Agenda. ORDINANCE Moved by Higgason, seconded by Elstner, to adopt M -21 -96 Ordinance M- 21 -96, AN ORDINANCE AMENDING SECTION 3 -4 -2 RESTRIC. USE "PERMIT TO USE WATER," OF CHAPTER 4 "WATER DEPARTMENT," PRIV. WATER TITLE III, OF THE CITY CODE OF DES PLAINES TO ADD THERETO SYSTEMS: A REQUIREMENT THAT PROPERTY OWNERS MUST DISCONNECT FROM Consent Agenda PAGE FIVE 301. 6/17/96 M - 21 - 96 PRIVATE WATER SYSTEMS WHEN CITY PUBLIC WATER IS AVAILABLE (Cont'd.) AND A VIOLATION PENALTY THEREFOR. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Higgason, seconded by Elstner, to adopt Z - - 96 Ordinance Z -9 -96, AN ORDINANCE GRANTING A VARIATION TO VARIATION/ SECTION 10.4.1 OF THE CITY OF DES PLAINES ZONING 675 DURSEY: ORDINANCE, TO PERMIT THE CONSTRUCTION OF AN ADDITIONAL Consent PRINCIPAL BUILDING ON A ZONING LOT (A CONVENT FOR THE ST. Agenda PAUL HA SANG ROMAN CATHOLIC CHURCH) AT 675 DURSEY LANE (CASE NO. 96- 18 -V). Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Higgason, seconded by Elstner, to adopt Z - 10 - 96 Ordinance Z- 10 -96, AN ORDINANCE GRANTING A VARIATION TO VARIATION/ SECTIONS 3.2.4.1.2 AND 3.2.4.4 OF THE CITY OF DES PLAINES 473 HARVEY: ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF A SINGLE Consent FAMILY RESIDENCE ON A CORNER LOT WITH A WIDTH OF 52.20 Agenda FEET INSTEAD OF THE REQUIRED 65 FEET; A FRONT YARD SETBACK (ALONG WOLF ROAD) OF 21 FEET INSTEAD OF THE REQUIRED 25 FEET; AND A LOT AREA OF 7,616 SQUARE FEET INSTEAD OF THE REQUIRED 8,125 SQUARE FEET, IN R -2 SINGLE FAMILY DISTRICT, ON THE PROPERTY COMMONLY KNOWN AS 473 HARVEY AVENUE (CASE NO. 96- 19 -V). Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Higgason, seconded by Elstner, to adopt Z - 13 - 96 Ordinance Z -13 -96 - AS AMENDED, AN ORDINANCE GRANTING A AS AMENDED SPECIAL USE PERMIT PURSUANT TO ARTICLE 8 OF THE CITY OF SPEC. USE DES PLAINES ZONING ORDINANCE, TO ALLOW THE ADDITION OF 1441 RAND: A DRIVE THROUGH RESTAURANT TO AN EXISTING CLASS B Consent RESTAURANT, IN C -2 GENERAL COMMERCIAL DISTRICT ON THE Agenda PROPERTY COMMONLY KNOWN AS 1441 RAND ROAD (96- 17 -SU). Motion declared carried as approved unanimously under Consent Agenda. RECONSIDER./ Moved by Chiropolos, seconded by Sarlo, to reconsider ORDINANCE motion to adopt Ordinance Z -13 -96 - AS AMENDED, AN Z - 13 - 96 ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO AS AMENDED ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE, SPEC. USE TO ALLOW THE ADDITION OF A DRIVE THROUGH RESTAURANT TO 1441 RAND: AN EXISTING CLASS B RESTAURANT, IN C -2 GENERAL COMMERCIAL DISTRICT ON THE PROPERTY COMMONLY KNOWN AS 1441 RAND ROAD (96- 17 -SU). Upon roll call, the vote was: AYES: 2- Sarlo, Chiropolos NAYS: 5- Beauvais, Christiansen, Elstner, Higgason, Arredia ABSENT: 1- Curley Motion declared failed. Mayor Ted Sherwood declared that the City Council was now resolved into a Committee of the Whole COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair ZONING CASE Petitioner Michael Conrad, 1731 Webster Lane, of the law 96 - 16 - firm of Conrad and Graf, 1561 E. Oakton Street, addressed 1561 E. the City Council regarding their request to replace the OAKTON: existing gravel and dirt parking lot with a paved hard - surface lot but without the required concrete curb and gutter around the perimeter of the lot. The proposed parking lot would have 20 parking spaces including one handicapped space, and be approximately 74' wide and 120' deep, with a five foot wide landscape strip abutting each street. Mr. Conrad stated that they have altered their proposal to provide for ingress and egress off of Cora Street instead of the alley and, in addition, will sod all Pr't PAGE SIX 302. 6/17/96 1561 E. setbacks, plant an evergreen hedge along the Oakton OARTON Street frontage, and plant maple saplings along the Cora (Cont'd.) Street frontage. Mayor Sherwood spoke in opposition to this request; project should be done according to code. Mr. Charles Billing, 1627 Cora Street, addressed the City Council stating that his house is directly south of this property and he is in support of this request; he would like to have the parking lot put in to get some of the parking off the street. Mr. Conrad stated that anyone would be allowed to park in this lot. Alderman Chiropolos stated that the issue is does the City want a parking lot with or without curb and gutter. Alderman Chiropolos asked Mr. Conrad what he would do if the request is denied. Mr. Conrad stated that he did not know. Alderman Christiansen stated that we allow people to park on grass; this request should be granted. Alderman Elstner stated his support for this request. Moved by Elstner, seconded by Christiansen, to not concur with recommendation of Des Plaines Zoning Board of Appeals and Staff, and recommend to the City Council, re Zoning Case 96 -16 -V, to grant request to replace existing gravel and dirt parking lot with a paved hard - surfaced lot but without the required concrete curb and gutter around the perimeter of the lot; lot to be approximately 74' wide and 120' deep with twenty parking spaces including one handicapped space; barrier to be placed along alley; ingress and egress to be off of Cora Street; landscaping to include sodding of all setbacks, planting of evergreen hedge along the Oakton Street frontage and planting of maple saplings along the Cora Street frontage; on property located at 1561 E. Oakton Street; and further recommend that proposed Ordinance Z -12 -96 be amended to include changes. Motion declared carried. Alderman Sarlo and Chiropolos voted no. PRESENTATION: At this point in the meeting, Mayor Sherwood introduced Dr. James Coburn, retiring principal of Maine West High School, and presented him with a Plaque of Appreciation for his 23 years of service to the community and commitment to local youth. FINANCE & ADMINISTRATION - Alderman Christiansen, Chair WARRANT Moved by Beauvais, seconded by Arredia, to concur with REGISTER: Staff recommendation and recommend to the City Council approval of June 17, 1996 Warrant Register in the amount of $3,188,247.06; and Resolution R -42 -96 be adopted at appropriate time this evening. Motion declared carried. LEGAL & LICENSING - Alderman Beauvais, Chair LIO. LIC./ Petitioners Tzi- Chiany Lam and Hip Chin Lam were swore 1225 S. in by the City Clerk and gave testimony before the City ELMHURST: Council. Moved by Christiansen, seconded by Arredia, to recommend to the City Council approval of request for change of ownership of Class E Liquor License for property located pm. 1 1 1 LIQ. LIC. (Cont'd.) LIQ. LIC./ 1225 8. ELMHURST: APPROVED BY ME THIS -J PAGE SEVEN C2i2s2..SL 303. 6/17/96 at 1225 S. Elmhurst Road, d /b /a Tasty Cuisine Chinese Restaurant, contingent upon verification of fingerprints. Motion declared carried. Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. WARRANT Moved by Christiansen, seconded by Elstner, to concur REGISTER: with recommendation of Committee of the Whole to adopt Resolution R- 42 -96, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R -42 -96 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,188,247.06. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 1- Curley Motion declared carried. Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole to grant request for change of ownership of Class E Liquor License for property located at 1225 S. Elmhurst Road, d /b /a Tasty Cuisine Chinese Restaurant, contingent upon verification of fingerprints. Motion declared carried. CITIZEN Mayor Sherwood referred citizen petitions received in the PETITIONS: City Clerk's Office on May 30, 1996, requesting that the City share half the cost of repaving Crabtree Lane and Applecreek Lane, to Staff for review and report. ZONING CASE Moved by Christiansen, seconded by Elstner, to concur 96 -16 -V with recommendation of Committee of the Whole re Zoning 1561 E. Case 96 -16 -V, to grant request to replace existing gravel OAKTON ST.: and dirt parking lot with a paved hard - surfaced lot but without the required concrete curb and gutter around the ORDINANCE perimeter of the lot; lot to be approximately 74' wide 2 - 12 - 96 and 120' deep with twenty parking spaces including one AS AMENDED handicapped space; barrier to be placed along alley; ingress and egress to be off of Cora Street; landscaping to include sodding of all setbacks, planting of evergreen hedge along the Oakton Street frontage and planting of maple saplings along the Cora Street frontage; on property located at 1561 E. Oakton Street; and place on First Reading Ordinance Z -12 -96 - AS AMENDED, AN ORDINANCE GRANTING A VARIATION TO SECTION 9.1.8.4.3 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT A PARKING LOT WITHOUT CONTINUOUS CURB AND GUTTER AROUND THE PERIMETER AT 1561 OAKTON STREET (CASE NO. 96- 16 -V). Motion declared carried (final action on this matter under Unfinished Business on July 1, 1996). Aldermen Sarlo and Chiropolos voted no. Mayor Sherwood requested that the record show that he also voted no. ADJOURNMENT: Moved by Sarlo, seconded by Chiropolos, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:05 p.m. Donna McAllister, CMC /AAE - CITY CLERK