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08/05/1996ELECTION OF MAYOR PRO TEM: PRAYER AND PLEDGE: CONSENT AGENDA: MINUTES: Consent Agenda CONTRACT AMENDMENT/ DOWNTOWN REDEV. CONSULTANT: Consent Agenda KURCAB'8 RESUBDIVISION 626 BIRCHWOOD: Consent Agenda 18. 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, AUGUST 5, 1996 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by City Clerk McAllister at 7:00 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 5, 1996. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Elstner, Chiropolos, Sarlo, Arredia. Aldermen Christiansen, Higgason and Curley were absent. Also present were: City Treasurer Fredricks, City Manager Douthwaite, Assistant to the City Manager Carter, Assistant Director of Finance & Administration Placko, Police Chief Sturlini, Fire Chief Farinella, Public Works Director Shirley, Community Development Director D'Onofrio, Senior Civil Engineer Kaszuba, Emergency Communications Director Ornberg, Human Resources and Services Director Merriman, and City Attorney Wiltse. Moved by Sarlo, seconded by Arredia, to elect Alderman Chiropolos as Mayor Pro Tem in the temporary absence of Mayor Sherwood. Motion declared carried. Alderman Chiropolos assumed the Chair as Mayor Pro Tem. The opening prayer was given by Reverend William Grice, First Congregational Church, followed by the Pledge of Allegiance to the Flag. Alderman Elstner requested that Item 17 the Consent Agenda. Moved by Sarlo, seconded by Beauvais, Consent Agenda except for Item 17. carried. be removed from to establish a Motion declared Moved by Sarlo, seconded by Elstner, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 5- Beauvais, Elstner, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 3- Christiansen, Higgason, Curley Motion declared carried. The minutes are approved. The Staff recommendations and requests are approved; Ordinances M- 28 -96, M- 29 -96, M -30- 96, M- 31 -96, M- 32 -96, M- 33 -96, M- 34 -96, M- 35 -96, M- 36 -96, M -37 -96 and M -39 -96 are placed on First Reading; and Resolutions R -49 -96 and R -51 -96 are adopted. Moved by Sarlo, seconded by Elstner, to approve minutes of regular meeting of the City Council held July 15, 1996, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with recommendation of Committee of the Whole held July 15, 1996, 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 an additional fee of $35,000 to complete the developer selection /redevelopment agreement process, for a total contract amount not -to- exceed $110,000 /TIF Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with recommendation of Committee of the Whole held July 15, 1996, to approve 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 KURCAB'S (Cont'd.) LIO. LIC. 1141 LEE ST.: Consent Agenda STATE INVOICE BROADWAY & STATE ST. RESURFAC.: Consent Agenda MULTI - FAMILY GARBAGE PICKUP: Consent Agenda Ordinance M -28 -96 LICENSE AGREEMENT/ 50 E. ALGONQUIN: Consent Agenda Ordinance M -29 -96 LICENSE AGREEMENT/ 645 CASTLEREA: Consent Agenda Ordinance M -30 -96 LICENSE AGREEMENT/ 333 DAVIS COURT: Consent Agenda Ordinance M -31 -96 PAGE TWO 19. 8/5/96 authorized to execute said Plat. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with recommendation of Committee of the Whole held July 15, 1996, to grant request for change of address for Class B Liquor License from 1128 Lee Street to 1141 Lee Street, d /b /a Foremost Liquor Store. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with recommendation of Committee of the Whole held July 15, 1996, to approve 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 as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation to. amend Title VIII, Chapter 4, Section 8 -4 -10 "Garbage of Residential Units," of the City Code to permit garbage collection and disposal for multi- family unit buildings in excess of four (4) units when requested by a majority of owners of record of a development complex or association; and further recommend to place on First Reading Ordinance M- 28 -96, AN ORDINANCE AMENDING SECTION 8 -4 -10 "GARBAGE OF RESIDENTIAL UNITS," OF CHAPTER 4 "GARBAGE, YARD WASTE AND COMPOSTING," TITLE VIII, OF THE CITY CODE OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation to grant request to permit Universal Oil Products (UOP), 50 E. Algonquin Road, to install an underground 14" telecommunication conduit between two (2) UOP buildings on the north and south side of Algonquin Road, contingent upon UOP obtaining an IDOT permit for construction on a State route; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M- 29-96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT - OF -WAY LICENSE AGREEMENT WITH UOP, INCORPORATED FOR THE INSTALLATION OF AN UNDERGROUND TELE /DATA CONDUIT SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 50 EAST ALGONQUIN ROAD, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation to grant request to permit installation of an underground sprinkler system in City -owned parkway adjacent to property located at 645 Castlerea Lane; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M- 30 -96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH DOUGLAS BAKA FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 645 CASTLEREA LANE, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation to grant request to permit installation of an underground sprinkler system in City -owned parkway adjacent to property located at 333 Davis Court; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M- 31 -96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT - OF - WAY LICENSE AGREEMENT WITH ARLENE MC NAB FOR THE INSTALLATION OF AN UNDERGROUND LAWN PAGE THREE 20. 8/5/96 ORDINANCE SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF M -31 -96 333 DAVIS COURT, DES PLAINES, ILLINOIS. Motion declared (Cont'd.) carried as approved unanimously under Consent Agenda. LICENSE Moved by Sarlo, seconded by Elstner, to concur with Staff AGREEMENT/ recommendation to grant request to permit installation 1110 of an underground sprinkler system in City -owned parkway LISMORE DR.: adjacent to property located at 1110 Lismore Drive; Mayor Consent and City Clerk be authorized to execute necessary license Agenda agreement; and further recommend to place on First Reading Ordinance M- 32 -96, AN ORDINANCE AUTHORIZING THE Ordinance EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH M -32 -96 PATRICK O'MALLY FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 1110 LISMORE DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. LICENSE Moved by Sarlo, seconded by Elstner, to concur with Staff AGREEMENT/ recommendation to grant request to permit installation 127 MARINA of an underground sprinkler system in City -owned parkway DRIVE: adjacent to property located at 127 Marina Drive; Mayor Consent and City Clerk be authorized to execute necessary license Agenda agreement; and further recommend to place on First Reading Ordinance M- 33 -96, AN ORDINANCE AUTHORIZING THE Ordinance EXECUTION OF A RIGHT - OF-WAY LICENSE AGREEMENT WITH LOUIS M -33 -96 LUSURDO FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 127 MARINA STREET, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. LICENSE Moved by Sarlo, seconded by Elstner, to concur with Staff AGREEMENT/ recommendation to grant request to permit installation 686 of an underground sprinkler system in City -owned parkway MIDDLETON: adjacent to property located at 686 Middleton Lane; Mayor Consent and City Clerk be authorized to execute necessary license Agenda agreement; and further recommend to place on First Reading Ordinance M- 34 -96, AN ORDINANCE AUTHORIZING THE Ordinance EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH M -34 -96 LEONARD J. HADRA FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 686 MIDDLETON LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. LICENSE Moved by Sarlo, seconded by Elstner, to concur with Staff AGREEMENT/ recommendation to grant request to permit installation 711 of an underground sprinkler system in City -owned parkway WATERFORD: adjacent to property located at 711 Waterford Drive; Consent Mayor and City Clerk be authorized to execute necessary Agenda license agreement; and further recommend to place on First Reading Ordinance M- 35 -96, AN ORDINANCE AUTHORIZING Ordinance THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH M -35 -96 KEVIN MULLARKEY FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 711 WATERFORD DRIVE, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. LICENSE Moved by Sarlo, seconded by Elstner, to concur with Staff AGREEMENT/ recommendation to grant request to permit installation 528 of an underground sprinkler system in City -owned parkway RADCLIFFE: adjacent to property located at 528 Radcliffe Avenue; Consent Mayor and City Clerk be authorized to execute necessary Agenda license agreement; and further recommend to place on First Reading Ordinance M- 36 -96, AN ORDINANCE AUTHORIZING Ordinance THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH M -36 -96 KENNETH CLARK FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 528 N. RADCLIFFE AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. PAGE FOUR 21. 8/5/96 TERMS & Moved by Sarlo, seconded by Elstner, to concur with Staff CONDITIONS/ recommendation to amend Title IX, Chapter 12 "Subdivision LETTERS OF Regulations," Section 9- 12- 15(D), to clarify that terms CREDIT: and conditions of letters of credit posted as surety for Consent subdivision public improvements be the same as those Agenda required for public improvement bonds, which would be that on the anniversary date, the amount of the letter Ordinance of credit be increased by 25 %; and further recommend to M -37 -96 place on First Reading Ordinance M- 37 -96, AN ORDINANCE AMENDING SECTION 9- 12 -15(D) OF CHAPTER 12 "SUBDIVISION REGULATIONS," TITLE IX, OF THE CITY CODE OF DES PLAINES, PERTAINING TO LETTERS OF CREDIT. Motion declared carried as approved unanimously under Consent Agenda. ACTION PLAN Moved by Sarlo, seconded by Elstner, to concur with Staff FOR CDBG recommendation that Mayor be authorized to sign the FUNDS: Housing and Community Development Action Plan for Consent Community Development Block Grant (CDBG) Program Year Agenda 1996 (October 1, 1996 - September 30, 1997), which includes the budget for the $327,000 in CDBG funds, the Resolution City's formal application for funding, as presented at R -49 -96 a Public Hearing held on July 31, 1996; submit all to the U.S. Department of Housing and Urban Development (HUD) no later than August 16, 1996; and further recommend to adopt Resolution R- 49 -96, A RESOLUTION APPROVING THE CITY OF DES PLAINES' 1996 -97 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN AND USE OF FUNDS. Motion declared carried as approved unanimously under Consent Agenda. EMERGENCY Alderman Elstner asked City Attorney Wiltse to explain BOARD -UP/ to the City Council why it was necessary that the invoice 1275 LEE: for the emergency board -up of LaCasa Motel on property located at 1275 Lee Street, in the amount of $950.50, be removed from the Consent Agenda. Mr. Wiltse stated that inasmuch as this property is now in bankruptcy court, this invoice will be sent to the Receiver, appointed by the Court, to handle such matters. BID AWARD/ Moved by Sarlo, seconded by Elstner, to concur with Staff THERMOPLAS. recommendation to award bid for 1996 Thermoplastic PAVEMENT Pavement Marking, through the Northwest Municipal MARRING: Conference, to the lowest bidder, Superior Road Striping, Consent Inc., 4 N. 195 Briar Lane, Bensenville, IL 60106, in the Agenda not -to- exceed amount of $5,000 /Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ Moved by Sarlo, seconded by Elstner, to concur with Staff ROOF recommendation to award bid for Roof Repairs for Des REPAIRS: Plaines Civic Center and Police Department to the lowest Consent bidder, Wendell Roofing Company, 2942 S. Cicero Avenue, Agenda Cicero, IL 60804, in the total bid amount of $9,350 /Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISING Moved by Sarlo, seconded by Elstner, to concur with Staff FOR BIDS: recommendation that City Clerk be authorized to advertise Consent for bids for Waterproofing of Basement at Fire Station Agenda #2, returnable by 3:00 p.m., Wednesday, August 21, 1996. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Five (5) One -Ton Dump Trucks with Plows, returnable by 3:00 p.m., Friday, August 23, 1996. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) Heavy Duty Step Van, returnable by 3:00 p.m., Friday, August 30, 1996. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISING FOR BIDS (Cont'd.) APPOINTMENTS / REAPPOINT.: Consent Agenda LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM FUNDS: Consent Agenda Resolution R -51 -96 ORDINANCE M -39 -96 DAYLIGHT SAVINGS TIME: Consent Agenda APPOINTMENTS: ORDINANCE M -28 -96 MULTI - FAMILY GARBAGE PICKUP: PAGE FIVE 22. 8/5/96 Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Standby Generator and Transfer Switch, returnable by 3:00 p.m., Friday, August 30, 1996. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Repairs to Five (5) Story Drill Tower at Fire Station #3, returnable by 3:00 p.m., Thursday, September 5, 1996. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to approve Mayoral reappointments of John Burke, William Prentice and Betty Ritter to the DES PLAINES LIBRARY BOARD, all terms to expire June 30, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to consider Mayoral appointments of Joann Braam, Rev. William Grice, Maxine Hubbard, Ray Krusinski, Marilyn O'Brien, John Reddington and Sharon Smith to the DES PLAINES CONSUMER PROTECTION COMMISSION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation that Police Department be authorized to apply for Local Law Enforcement Block Grants Program funds through the U.S. Department of Justice, Bureau of Justice Assistance, in the amount of $16,749 to underwrite projects to reduce crime and improve public safety, contingent upon City providing $1,861 in matching funds; Mayor and City Clerk be authorized to execute necessary document; and further recommend to adopt Resolution R - 51 - 96, A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE FOR GRANT FUNDING AVAILABLE UNDER THE "LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM," AUTHORIZING THE EXECUTION OF SUCH DOCUMENTS AS ARE NECESSARY TO ACCEPT SUCH GRANT FUNDING AND AUTHORIZING THE CITY TO PROVIDE MATCHING FUNDS FOR SAID GRANT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Elstner, to place on First Reading Ordinance M- 39 -96, AN ORDINANCE AMENDING SECTION 1-7-18 "DAYLIGHT SAVINGS TIME," OF CHAPTER 7 "ADMINISTRATIVE OFFICERS," TITLE I, OF THE CITY CODE OF DES PLAINES. Motion declared carried (this ordinance relates to Ordinance M -26 -96 - AS AMENDED, under Unfinished Business this evening). Moved by Beauvais, seconded by Sarlo, to waive the two week waiting period and approve Mayoral appointments (presented for consideration earlier this evening) to the DES PLAINES CONSUMER PROTECTION COMMISSION as follows: Joann Braam, term to expire August 30, 1999 Rev. William Grice, term to expire August 30, 1998 Maxine Hubbard, term to expire August 30, 1997 Ray Krusinski, term to expire August 30, 1999 Marilyn O'Brien, term to expire August 30, 1998 John Reddington, term to expire August 30, 2000 Sharon Smith, term to expire August 30, 2000 Motion declared carried. Alderman Elstner voted no. Moved by Sarlo, seconded by Beauvais, to advance to Second Reading and adopt Ordinance M- 28 -96, AN ORDINANCE AMENDING SECTION 8 -4 -10 "GARBAGE OF RESIDENTIAL UNITS," OF CHAPTER 4 "GARBAGE, YARD WASTE AND COMPOSTING," TITLE VIII, OF THE CITY CODE OF DES PLAINES. Upon roll call, the vote was: PAGE SIX 23. 8/5/96 M -28 -96 AYES: 5- Beauvais, Elstner, Sarlo, Chiropolos, Arredia (Cont'd.) NAYS: 0 -None ABSENT: 3- Christiansen, Higgason, Curley Motion declared carried. LICENSE Moved by Beauvais, seconded by Sarlo, to advance to AGREEMENTS: Second Reading and adopt Ordinances M- 30 -96, M- 31 -96, M- 32-96, M- 33 -96, M- 34 -96, M -35 -96 and M- 36 -96. Upon roll call, the vote was: AYES: 3- Beauvais, Sarlo, Chiropolos NAYS: 2- Elstner, Arredia ABSENT: 3- Christiansen, Higgason, Curley Motion declared failed (a vote of two - thirds (2/3) of those members of the corporate authorities present is required to advance an ordinance to Second Reading and adopt) . ORDINANCE Moved by Sarlo, seconded by Arredia, to advance to Second M -39 -96 Reading and adopt Ordinance M- 39 -96, AN ORDINANCE DAYLIGHT AMENDING SECTION 1 -7 -18 "DAYLIGHT SAVINGS TIME," OF SAVINGS CHAPTER 7 "ADMINISTRATIVE OFFICERS," TITLE I, OF THE CITY TIME: CODE OF DES PLAINES. Upon roll call, the vote was: AYES: 5- Beauvais, Elstner, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 3- Christiansen, Higgason, Curley Motion declared carried. Mayor Pro Tem Chiropolos declared that the City Council was now resolved into a Committee of the Whole FINANCE & ADMINISTRATION - Alderman Sarlo, Vice Chair WARRANT Moved by Arredia, seconded by Elstner, to concur with REGISTER: Staff recommendation and recommend to the City Council approval of August 5, 1996 Warrant Register in the amount of $2,302,703.91; and Resolution R -50 -96 be adopted at appropriate time this evening. Motion declared carried. ENGINEERING - Alderman Chiropolos, Chair SINGLE BID/ A discussion was held regarding the single bid received COMMUNITY on July 9, 1996 and opened at the City Council meeting EVENTS on July 15, 1996, for installation of new Community SIGN: Events Sign to replace existing sign across from City Hall in Parking Lot #9. The bid was received from White Way Sign Company, 1317 Clybourn Avenue, Chicago, IL 60610, in the amount of $51,238. The engineer's estimate of cost was $50,000. Funds would come from Downtown Tax Increment Finance District (TIF). Mr. Richard Ahlman, 314 Columbia Avenue, addressed the City Council in opposition to acceptance of this bid; there is nothing wrong with the present sign; this money could be put to better use in the downtown area. Moved by Beauvais, seconded by Arredia, to recommend to the City Council that City reject single bid received from White Way Sign Company, 1317 Clybourn Avenue, Chicago, IL 60610, for installation of new Community Events Sign to replace existing sign across from City Hall in Parking Lot #9, in the amount of $51,238; Staff be authorized to review the bid specifications and adjust them for a less costly sign; and readvertise for bids at a later date. Motion declared carried (final action on this matter under Consent Agenda on August 19, 1996). Motion declared carried. IDOT AGREE./ WOLF AND DEMPSTER- THACKER INTERSECTION: TAXICAB INSPECTION PROGRAM: ZONING CASE 96- 21 -SU -V 1707 E. OAKTON ST.: ZONING CASE 96 -22 -V 623 -627 WOLF ROAD: PAGE SEVEN 24. Moved by Sarlo, seconded by Beauvais, to concur with Staff recommendation and recommend to the City Council that City enter into agreement with the Illinois Department of Transportation (IDOT) for their share, in the amount of $57,587.86 (50 %), of traffic signal' and geometric improvements to the Wolf Road at Dempster - Thacker Street intersection, which were constructed in 1992 by the City without a joint agency agreement; approve proposed ordinance prohibiting parking along Dempster- Thacker Street within 100' of Wolf Road as required by IDOT; and approve proposed resolution authorizing Mayor and City Clerk to execute agreement. Motion declared carried (further action on this matter under Consent Agenda on August 19, 1996). LEGAL & LICENSING - Alderman Beauvais, Chair Moved by Beauvais, seconded by Arredia, to concur with Staff recommendation and recommend to the City Council to amend various subsections of Section 5 -5 -25 - "Public Passenger Vehicles" of the City Code regarding the administration of the taxicab inspection program by the Director of Finance and Administrative Services and the Police Chief (or their designee), payment of all fees in advance, two -step vehicle inspection process, updating of the taximeter provision, elimination of the vehicle age restriction; and approve proposed ordinances affecting these changes. Motion declared carried (further action on this matter under Consent Agenda on August 19, 1996). COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair 8/5/96 Petitioner Raphael Gonzales and his attorney, Carlos A. Saavedra, addressed the City Council regarding his request for a Special Use to permit a Class B restaurant on property located at 1707 E. Oakton Street, and a Variation to permit two (2) parking spaces instead of the required eight (8) parking spaces. Petitioner Gonzales stated that this would be a very small restaurant; traffic would not be a problem; would be a benefit to the City. Alderman Beauvais expressed her concern about the traffic flow onto Oakton Street; the center is currently 50% vacant - -what will happen when the center is fully occupied. Moved by Elstner, seconded by Arredia, to concur with recommendation of Des Plaines Zoning Board of Appeals and recommend to the City Council, re Zoning Case 96- 21 -SU -V, to DENY request for a Special Use to permit a Class B restaurant on property located at 1707 E. Oakton Street, and a Variation to permit two (2) parking spaces instead of the required eight (8) parking spaces. Motion declared carried. Alderman Chiropolos voted no. (final action on this matter under Unfinished Business on August 19, 1996) Mayor Pro Tem Chiropolos assumed the chair, and declared the City Council back in session. Moved by Beauvais, seconded by Sarlo, to suspend the rules to permit public input on this matter. Motion declared carried. WOLF ROAD (Cont'd.) PAGE EIGHT 25. 8/5/96 The owner of the White Star Cafe addressed the City Council disputing the Staff report in which it states that this restaurant has a seating capacity of 82; she states it has approximately 48 seats. The owner presented several documents for the City Council's review which she said supports her claim that additional seating capacity was authorized under Ordinance Z -1 -93, as petitioned by the owner of the shopping center, Norwood Builders. Director of Community Development D'Onofrio stated that Ordinance Z -1 -93 granted a variation to permit 10 parking spaces instead of the required 14. The 14 space requirement was based on a seating capacity of 32, and three employees. The owner of the White Star Cafe stated that this was not her understanding of the matter and does not feel the penalty of $2,000 is warranted. Attorney for the owner of the shopping center, Barry Collins, addressed the City Council and reviewed his client's request on behalf of the owner of the White Star Cafe 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. Director of Community Development D'Onofrio stated that the Staff was not opposed to the request, but recommends, as does the Des Plaines Zoning Board of Appeals, that a penalty be assessed in that the owner of the White Star Cafe has already installed the additional seats and now is requesting the variation. Moved by Arredia, seconded by Elstner, to concur with recommendation of Committee of the Whole held July 15, 1996, re Zoning Case 96 -22 -V, to grant request for 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, on property located at 623 -627 N. Wolf Road, a /k /a/ 615 -699 N. Wolf Road, and a 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; and place on First Reading Ordinance Z- 11 -96, AN ORDINANCE GRANTING A VARIATION TO SECTION 9.1.7.2.2.11.1 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE OPERATION OF A CLASS A RESTAURANT WITH TEN (10) PARKING SPACES INSTEAD OF THE REQUIRED 25 SPACES, FOR THE PROPERTY COMMONLY KNOWN AS 623 -627 NORTH WOLF ROAD (CASE NO. 96- 22 -V). Moved by Beauvais, seconded by Chiropolos, to adopt a substitute motion, re Zoning Case, 96 -22 -V, to grant request for 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, on property located at 623 -627 N. Wolf Road, a /k /a/ 615 -699 N. Wolf Road, and a penalty of $500 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; and place on First Reading Ordinance Z -11 -96 - AS AMENDED, AN ORDINANCE GRANTING A VARIATION TO SECTION 9.1.7.2.2.11.1 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE OPERATION OF A CLASS A RESTAURANT WITH TEN (10) PARKING SPACES INSTEAD OF THE REQUIRED 25 SPACES, FOR THE PROPERTY COMMONLY KNOWN AS 623 -627 NORTH WOLF ROAD (CASE NO. 96- 22 -V). Upon roll call, the vote was: 1 1 1 WOLF ROAD (Cont'd.) APPROVED BY ME THIS Ted Sherwood, MAYOR PAGE NINE AYES: 2- Beauvais, Chiropolos NAYS: 3- Elstner, Sarlo, Arredia ABSENT: 3- Christiansen, Higgason, Curley Motion declared failed. 26. 8/5/96 Upon roll call on the original motion, the vote was: AYES: 3- Elstner, Sarlo, Arredia NAYS: 2- Beauvais, Chiropolos ABSENT: 3- Christiansen, Higgason, Curley Motion declared carried (final action on this matter under Unfinished Business on August 19, 1996). ORDINANCE Moved by Beauvais, seconded by Elstner, to adopt M -26 -96 Ordinance M -26 -96 - AS AMENDED, AN ORDINANCE AMENDING AS AMENDED/ SECTION 8 -4 -8 "PLACEMENT OF RECEPTACLES FOR COLLECTION," GARBAGE OF CHAPTER 4 "GARBAGE, YARD WASTE AND COMPOSTING," TITLE RECEPTACLES: VIII, OF THE CITY CODE OF DES PLAINES. Upon roll call, the vote was: AYES: 5- Beauvais, Elstner, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 3- Christiansen, Higgason, Curley Motion declared carried. WARRANT Moved by Sarlo, seconded by Elstner, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R- 50 -96, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R -50 -96 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,302,703.91. Upon roll call, the vote was: AYES: 5- Beauvais, Elstner, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 3- Christiansen, Higgason, Curley Motion declared carried. SINGLE BID/ Moved by Elstner, seconded by Beauvais, that City Clerk VEHICLE be authorized to open single bid received on July 26, REPAIR 1996 to Furnish and Install Vehicle Repair Lift. Motion LIFT: declared carried. The City Clerk announced that the single bid was received from Standard Industrial & Automotive Equipment, Inc., 820 Sivert Drive, Wood Dale, IL 60191. in the total bid amount of $34,875. Moved by Elstner, seconded by Sarlo, to award bid to Furnish and Install Vehicle Repair Lift to the single bidder, Standard Industrial & Automotive Equipment, Inc., 820 Sivert Drive, Wood Dale, IL 60191, in the total bid amount of $34,875. Upon roll call, the vote was: AYES: 5- Beauvais, Elstner, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 3- Christiansen, Higgason, Curley 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 9:45 p.m. (tit. 4 L ) f f r Donna McAllister, CMC /AAE - CITY CLERK