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07/15/199610. 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, JULY 15, 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 7:00 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, July 15, 1996. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Chistiansen, Elstner, Higgason, Curley, Chiropolos, Arredia. Alderman Sarlo was absent. Alderman Sarlo arrived at 7:04 p.m. Also present were: City Treasurer Fredricks, City Manager Douthwaite, Assistant to the City Manager Carter, Director of Economic Development Klaus, Director of Finance & Administration Peters, Police Captain Meese, 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: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL WILLE ROAD CHAMBERS, DES PLAINES, CIVIC CENTER, ANNEXATION: MONDAY, JULY 15, 1996 Mayor Sherwood called the Public Hearing to order at 7:03 p.m. The Public Hearing was held pursuant to legal notice to give citizens the opportunity to comment on the proposed annexation of several contiguous tracts of real estate in the Harry Wille Subdivision, comprised of approximately 46.58 acres, on the south side of Wille Road between Mt. Prospect Road and Elmhurst Road in Elk Grove Township. DISCUSSION: An attorney for several property owners addressed the City Council stating his clients' appreciation for the cooperation they have received from the City; they are eager to proceed with this annexation and are prepared to sign the necessary agreement. An attorney for another property owner addressed the City Council stating his concurrence with the remarks of this attorney and his client, too, wishes to proceed with this annexation. Public Hearing adjourned at 7:06 p.m. The City Council reconvened at 7:07 p.m. CONSENT Alderman Christiansen requested that Items 6 and 6a be AGENDA: removed from the Consent Agenda; Alderman Curley requested that Item 9 be removed; resident Jack Flynn, 1271 Fargo Avenue, requested that Items 11, 11a and 14 be removed; and Alderman Chiropolos requested that Item 12 be removed. Moved by Sarlo, seconded by Chiropolos, to establish a Consent Agenda except for Items 6, 6a, 9, 11, lla, 12, and 14. Motion declared carried. CONS. AGEN. (Cont'd.) PAGE TWO 7/15/96 Moved by Sarlo, seconded by Beauvais, 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; and Ordinance M -27 -96 is placed on First Reading. MINUTES: Moved by Sarlo, seconded by Beauvais, to approve minutes Consent of Executive Session of the City Council held May 20, Agenda 1996. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to approve minutes of regular meeting of the City Council held July 1, 1996, as published. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE Moved by Sarlo, seconded by Beauvais, to concur with 96 - 13 - recommendation of Committee of the Whole held July 1, 1701 RAND: 1996, re Zoning Case 96 -13 -A, that request for a Map Consent Amendment to change the present zoning from R -2 Single Agenda Family Residential to R -4 Multi- Family Residential for property located at 1701 Rand Road, be DENIED. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE Moved by Sarlo, seconded by Beauvais, to concur with 96 20 - SU - recommendation of Committee of the Whole held July 1, 249 S. D.P. 1996, re Zoning Case 96 - 20 - - that request for Special RIVER RD.: Use and Variation to permit a Class B restaurant and Consent permit two (2) parking spaces instead of required seven Agenda (7) spaces, on property lcoated at 249 S. Des Plaines - River Road, be DENIED. Motion declared carried as approved unanimously under Consent Agenda. COLLECTIVE Moved by Sarlo, seconded by Beauvais, to concur with BARGAINING: consensus of Committee of the Whole in Executive Session Consent on July 8, 1996, that City's labor negotiator be Agenda authorized to proceed as directed regarding collective bargaining. Motion declared carried as approved unanimously under Consent Agenda. PLACEMENT OF Alderman Christiansen questioned who is going to enforce GARBAGE this ordinance. Mayor Sherwood stated that because of RECEPTACLES: lack of manpower, this ordinance will be enforced upon complaints. Ordinance M -26 -96 A general discussion followed regarding when receptacles should be placed out for collection. Moved by Elstner, seconded by Higgason, that proposed ordinance be amended that receptacles may not be placed on the streets before 4:00 p.m. instead of 6:00 p.m. on the day preceding collection. Moved by Beauvais, seconded by Sarlo, to adopt a substitute motion to amend the proposed ordinance that the time for placement of receptacles on the street coincide with daylight savings time: 4:00 p.m. when daylight savings time ends and 6:00 p.m. when daylight savings time begins. Upon roll call, the vote was: AYES: 5- Beauvais, Higgason, Sarlo, Chiropolos, Arredia NAYS: 3- Christiansen, Elstner, Curley ABSENT: 0 -None Motion declared carried. GARBAGE RECEPTACLES (Cont'd.) ENFORCEMENT AGREEMENT/ DOVER DRIVE: Consent Agenda Ordinance M -27 -96 DRIVEWAY VARIATION/ 333 DEMPSTER- THACKER: Consent Agenda SURVEY. SVS./ BENCHMARK ELEVATIONS: SIDEWALK SALE DAYS: Consent Agenda ANNEXATION AGREEMENT/ WILLE ROAD: Resolution R -47 -96 PAGE THREE 12. 7/15/96 Moved by Beauvais, seconded by Sarlo, to concur with Staff recommendation to amend Title VIII, Chapter 4, Section 8 -4 -8 "Placement of Receptacles for Collection," to prohibit placement of receptacles, containers or bags for garbage, refuse, waste, recyclables, and yard waste within the front yard area of any lot on days other than collection days; and further recommend to place on First Reading Ordinance M -26 -96 - AS AMENDED, AN ORDINANCE AMENDING SECTION 8 -4 -8 "PLACEMENT OF RECEPTACLES FOR COLLECTION," OF CHAPTER 4 "GARBAGE, YARD WASTE AND COMPOSTING," TITLE VIII, OF THE CITY CODE OF DES PLAINES. Upon roll call, the vote was: AYES: 5- Beauvais, Higgason, Sarlo, Chiropolos, Arredia NAYS: 3- Christiansen, Elstner, Curley ABSENT: 0 -None Motion declared carried (final action on this matter under Unfinished Business on August 5, 1996). Moved by Sarlo, seconded by Beauvais, to concur with Staff recommendation to grant request that City enter into agreement with Oakton Parks Apartments to enforce posted traffic, parking, prohibition of drinking and possession of open liquor violations on property located at 101, 105, 115, 135, 145 and 165 Dover Drive; and further recommend to place on First Reading Ordinance M- 27-96, AN ORDINANCE ENABLING THE CITY OF DES PLAINES POLICE DEPARTMENT TO ENFORCE THE ILLINOIS VEHICLE CODE AND TO ENFORCE THE CITY CODE ON PRIVATE PROPERTY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 111.7.1 of the Building Code to permit construction of a new circular driveway to connect with existing straight driveway and further permit the required front yard (25' x 80') to be covered by more than 50% of hard surface, on property located at 333 Dempster- Thacker Street. Motion declared carried as approved unanimously under Consent Agenda. Moved by Curley, seconded by Chiropolos, to concur with Staff recommendation to accept proposal from Hampton, Lenzini and Renwick, Inc., 380 Shepard Drive, Elgin, IL 60123, to perform professional surveying services to establish benchmark elevations at approximately 104 locations throughout the City, in the total amount of $7,370 /General Improvement Fund. 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. Moved by Sarlo, seconded by Beauvais, to concur with Staff recommendation to grant request from Des Plaines Chamber of Commerce and Industry to hold their 40th Annual City -Wide Sidewalk Sale Days from Thursday, August 15 through Sunday, August 18, 1996, and parking restrictions be waived during these special days for the convenience of shoppers except for parking lot leased to First Bank along Ellinwood Street (between Lee and Pearson Streets), and PlainsBank employees' parking lot at Graceland and Prairie Avenues. Motion declared carried as approved unanimously under Consent Agenda. Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City Council in oppostion to this annexation; this is not a good deal for taxpayers; concerned about the big tax incentives these property owners will be given in the future. W PAGE FOUR WILLE ROAD Moved by Sarlo, seconded by Chiropolos, that Mayor and (Cont'd.) City Clerk be authorized to execute an Annexation Agreement for the annexation of several contiguous tracts of real estate in the Harry Wille Subdivision, comprised of approximately 46.58 acres, on the south side of Wille Road between Mt. Prospect Road and Elmhurst Road in Elk Grove Township; and further recommend to adopt Resolution R- 47 -96, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN "ANNEXATION AGREEMENT" FOR THE' ANNEXATION OF SEVERAL CONTIGUOUS TRACTS OF REAL ESTATE IN THE HARRY WILLE SUBDIVISION. 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. APPOINTMENTS/ Moved by Sarlo, seconded by Higgason to approve Mayoral REAPPOINT.: reappointment as follows: DES PLAINES CABLE COMMISSION - Appointment Robert Suriano, term to expire April 30, 1997 DES PLAINES ZONING BOARD OF APPEALS - Appointment Gregory Johnson, term to expire April 30, 2001 KEEP DES PLAINES BEAUTIFUL COMMISSION - Reappointments Joan Chiropolos, Kathy Shanahan,INancy Wilson, all terms to expire June 1, 1999. Motion declared carried. Alderman Chiropolos abstained on the vote to approve Joan Chiropolos to the KEEP DES PLAINES BEAUTIFUL COMMISSION (conflict of interest). Moved by Sarlo, seconded by Beauvais, to consider Mayoral reappointments of John Burke, William Prentice and Betty Ritter to the DES PLAINES LIBRARY BOARD (final action on this matter under Consent Agenda on August 5, 1996). ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt A - - 96 Ordinance A -1 -96, AN ORDINANCE ANNEXING CERTAIN LANDS TO WILLE ROAD THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. Upon ANNEXATION: roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ORDINANCE Moved by Arredia, seconded by Elstner, to adopt Ordinance M - 27 - 96 M- 27 -96, AN ORDINANCE ENABLING THE CITY OF DES PLAINES ENFORCEMENT POLICE DEPARTMENT TO ENFORCE THE ILLINOIS VEHICLE CODE AGREEMENT / AND TO ENFORCE THE CITY CODE ON PRIVATE PROPERTY. Upon DOVER DRIVE: roll call, the vote was: AYES: 8- Beauvais, Christiansen; Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Mayor Ted Sherwood declared that the City Council was now resolved into a Committee of the Whole 13. 7/15/96 COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair ZONING CASE Attorney Barry Collins, Tuttle, Vedral, Collins & 96 - 22 - V Erickson, 733 Lee Street, Suite 210, Des Plaines, 615 - 699 N. representing petitioner, Norwood Builders, Inc., owners WOLF ROAD: of property located at 615 -699 N. Wolf Road, addressed the City Council regarding his client's request for a WOLF ROAD (Cont'd.) PAGE FIVE 14. 7/15/96 Variation to permit an increase of 50 seats in an existing 32 -seat restaurant that in turn, would require 25 parking spaces instead of the ten (10) which are provided. 1 Moved by Sarlo, seconded by Christiansen, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff, and recommend to the City (Council, re Zoning Case 96 -22 -V, to grant request to permit an increase of 50 seats in an existing 32 -seat restaurant that, in turn, would require 25 parking spaces instead of the ten (10) which are provided, on property located at 615 -699 N. Wolf Road, and further recommend penalty of $2,000 be assessed to the restaurant owner for installing the additional 50 seats without a Variation, which violates Section 6 of Ordinance Z -1 -93, that allowed a maximum of 32 seats, not the current 82 seats. Moved by Chiropolos, seconded by Curley, to adopt a substitute motion to amend the original motion that the penalty be $1,500. Upon roll call, the vote was: AYES: 4- Christiansen, Curley, Chiropolos, Arredia NAYS: 4- Beauvais, Elstner, Higgason, Sarlo ABSENT: 0 -None Motion declared failed. Upon roll call on the original motion, the vote was: AYES: 5- Beauvais, Christiansen, Elstner, Higgason, Sarlo NAYS: 3- Curley, Chiropolos, Ariedia ABSENT: 0 -None Motion declared carried (further action on this matter under Unfinished Business on August 5, 1996). CONTRACT Mr. Jack Flynn, 1271 Fargo Avenue, addressed the City AMENDMENT/ Council in opposition to this contract amendment; the DOWNTOWN invoices he reviewed were not specific as to exactly what REDEV. kind of work was done; the consultant was given a time CONSULTANT: frame and a scope of work to be completed for a set fee; consultant should be made to complete the work as contracted. Mr. John Tierney, 10 Dover Drive, addressed the City Council in opposition to this contract amendment; consultant should be held to original agreement and not be given any more money. Downtown Redevelopment Consul S. B. Friedman addressed the City Council stating that he was called upon to perform tasks outside the (scope of the engagement letter and to expand the scope of one of the assigned tasks. He went on to describe in detail the expanded scope of work not originally planned but which was deemed by the City to be the best way to assure quality developers and quality proposals: Moved by Arredia, seconded by Chiropolos, to concur with Staff recommendation and recommend to the City Council that Letter of Engagement formalizing agreement with S. B. Friedman & Company, 221 N. LaSalle Street, Suite 1007, Chicago, IL 60601, to act as Downtown Redevelopment Consultant at a contract fee not -to- exceed $75,000 (approved by the City Council on August 7, 1995), be amended to reflect new estimate o'f 95 hours for a fee of $35,000 to complete the developer selection /redevelopment agreement process, for a total contract amount not -to- exceed of $110,000 /TIF Funds. Motion declared carried (final action on this matter under Consent Agenda on August 5, 1996). RURCAB'8 RESUBDIVISION 626 BIRCHWOOD: LIO. LIC. 1141 LEE ST.: STATE INVOICE BROADWAY & STATE ST. RESURFAC.: WARRANT REGISTER: PARKING ON BERM/ 1723 BUSSE: Ordinance M -24 -96 Ordinance M -25 -96 PAGE SIX Moved by Curley, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council approval of Final Plat for Kurcab's Resubdivision, 626 Birchwood Avenue, subject to no further zoning variations being sought by future owners for development of Lot #1 and Lot #2; and Mayor and City Clerk be authorized to execute said Plat. Motion declared carried (final action on this matter under Consent Agenda on August 5, 1996). LEGAL & LICENSING - Alderman Beauvais, Chair Moved by Beauvais, seconded by Arredia, to concur with Staff recommendation and recommend to the City Council to grant request for change of address for Class B Liquor License from 1128 Lee Street to11141 Lee Street, d /b /a Foremost Liquor Store, Motion declared carried (final action on this matter under Cons Agenda on August 5, 1996). ENGINEERING - Alderman Chiropolos, Chair Moved by Sarlo, seconded by Higgason, to concur with Staff recommendation and recommend to the City Council approval of invoice from the State of Illinois for parking lane costs, such as pavement patching and curb and gutter removal and replacement, along Broadway and State Street in connection with the through -lane resurfacing of those streets by;IDOT, in the amount of $143,129.66 /General Improvement Fund, which is the City's agreed -to responsibility in the agreement entered into with the State of Illinois on January 15, 1996 for this project. Motion declared carried (final action on this matter under Consent Agenda on August 5, 1996). FINANCE & ADMINISTRATION - Alderman Christiansen, Chair Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council approval of July 15, 1996 Warrant Register in the amount of $1,836,063.21; and Resolution R -48 -96 be adopted at appropriate time this evening. Motion declared carried. Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. Moved by Elstner, seconded the rules to permit public was postponed to this date 15. 7/15/96 by Christiansen, to suspend input on this matter, which on July 1, 1996. Mr. Vince Powers, 862 Webster Lane, addressed the City Council stating his confusion about the double standard; we do one thing for the residents and another for business owners; concerned about safety of pedestrians going to the new park facility, Mystic Waters; this area could be used as a memorial park for those who served in the armed forces from Des Plaines - -he would contribute the first $100. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council qustioning why this was a matter for Executive Session on May 20, 1996. Mayor Sherwood stated that this was considered probable litigation since the present owner indicated he would take this action if request was not granted. PARK. BERM (Cont'd.) FINAL PLAT/ BALLARD ROAD RESUBDIV. 2420 -2430 BALLARD: Matter Postponed on 7/1/96 WARRANT REGISTER: Resolution R -48 -96 PAGE SEVEN 16. 7/15/96 Moved by Sarlo, seconded by Curley, to place on First Reading Ordinance M -24 -96 - AS AMENDED, AN ORDINANCE AMENDING SECTION 9 -10 -2 "PARKWAYS; PARKING OF VEHICLES." OF CHAPTER 10 "PARKWAYS," TITLE IX, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO EXCEPTION DUE TO UNIQUE CIRCUMSTANCES, and Ordinance M- 25 -96, AN ORDINANCE AMENDING SECTION 8 -9 -19 (K) "MOTOR VEHICLES /BOATS," OF CHAPTER 9, TITLE VIII, OF THE CITY CODE OF DES PLAINES, FOR THE PURPOSE OF UPDATING THE WORDAGE CONTAINED IN SAID SECTION. Upon roll AYES: 5- Higgason, Sherwood NAYS: 4- Beauvais, ABSENT: 0 -None Motion declared carried (final action on this matter under Unfinished Business on August 5, 1996). call, the vote was: Sarlo, Chiropolos, Arredia, Christiansen, Elstner, Curley Moved by Beauvais, seconded by Arredia, to concur with recommendation of Committee of the Whole on May 29, 1996, and consensus in Executive Session held July 8, 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 (2) 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.). Moved by Curley, seconded by Higgason, to suspend the rules to permit public input on this matter. Motion declared carried. Mr. Mathew Thomas, secretary of the church, who lives in Lockport, Illinois, addressed the City Council stating that the attitute of the City Council at the two previous meeting held on this matter were clearly offensive. Mr. Thomas stated that at no time was a legal reason given for denial of this request; they have met all the requirements of the City; they have never received a real legitimate reason. Ms. Pam Warford, 2530 Church Street, addressed the City Council stating that she feels threatened that they will take this matter to some other authority; she has rights too; the proposed land use is not beneficial. Motion by Curley to NOT concur with recommendation of Committee of the Whole on May 29, 1996, and consensus in Executive Session held July 8, 1996, and GRANT 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 (2) 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.), failed for lack of a second. Upon roll call on the original motion, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Sarlo, Chiropolos, Arredia NAYS: 1- Curley ABSENT: 0 - None Motion declared carried. Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole to adopt Resolution R- 48 -96, 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: $1,836,063.21. Upon roll call, the vote was: 1 1 1 APPROVED BY ME TH; . DAY OF . , ✓I Amulpv 46 , Ted Sherwood, MAYOR PAGE EIGHT i_o4L 17. 7/15/96 R -48 -96 AYES: 8- Beauvais, Christiansen, Elstner, Higgason, (Cont'd.) Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. SINGLE BID/ Moved by Beauvais, seconded by Elstner, that City Clerk COMMUNITY be authorized to open single bid received on July 9, 1996 EVENTS for new Community Events Sign to replace existing sign SIGNS: across from City Hall in Parking Lot #9. Motion declared carried. The City Clerk announced that the single bid was received from White Way Sign and Maintenance Company, 1317 N. Clybourn Avenue, Chicago, IL 60610, in the bid amount of $51,238. Mayor Sherwood referred the bid to Staff for review and report. ADJOURNMENT: Moved by Chiropolos, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:11 p.m. Donna McAllister, CMC /AAE - CITY CLERK