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09/03/1996PRAYER AND PLEDGE: PRESENTATION: CONSENT AGENDA: MINUTES: Consent Agenda VEHICLE IMMOBILIZA. & IMPOUND.: Consent Agenda Ordinance M -46 -96 40. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, TUESDAY, SEPTEMBER 3, 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 Tuesday, September 3, 1996. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. Also present were: City Treasurer Fredricks, City Manager Douthwaite, Assistant to the City Manager Carter, Director of Economic Development Klaus, Assistant Director of Finance & Administration Placko, Police Chief Sturlini, Fire Chief Farinella, Public Works Director Shirley, Community Development Director D'Onofrio, City Engineer Oakley, Emergency Communications Director Ornberg, Human Resources and Services Director Merriman, and City Attorney Wiltse. The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Police Chief Sturlini presented the Police Department's Citizen's Award of Appreciation plaques to Lisa M. Pauly and Gary L. Raines for their willingness to take the appropriate action to prevent the attempted abduction of Lisa's sister by a man in Friendship Park during the evening hours of June 22, 1996. Their actions earned the gratitude of the Police Department as well as the citizens of Des Plaines. Moved by Sarlo, seconded by Chiropolos, to establish a Consent Agenda. Motion declared carried. Moved by Elstner, 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; Ordinances M- 38 -96, M- 40 -96, M -41- 96, M- 42 -96, M- 43 -96, M- 44 -96, T -8 -96 and Z -14 -96 are adopted; and Ordinances M- 46 -96, M- 49 -96, M- 51 -96, M -52- 96, M- 53 -96, M- 54 -96, and M -55 -96 are placed on First Reading. Moved by Elstner, seconded by Beauvais, to approve minutes of regular meeting of the City Council held August 19, 1996, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with recommendation of Committee of the Whole held August 19, 1996, that the City institute a new Program of Vehicle Immobilization and Impoundment; the Police Department be authorized to purchase two (2) immobilizing units (Denver Boots) at a cost of $450 each, for a total of $900/ Budgeted Funds; and further recommend to place on First Reading Ordinance M- 46 -96, AN ORDINANCE AMENDING TITLE X "TRAFFIC" OF THE CITY CODE OF DES PLAINES TO ADD THERETO A NEW CHAPTER 17 "VEHICLE IMMOBILIZATION AND IMPOUNDMENT FOR VIOLATIONS." Motion declared carried as approved unanimously under Consent Agenda. PAGE TWO 41. 9/3/96 FLOOD PLAIN Moved by Elstner, seconded Beauvais, to concur with REVISIONS: recommendation of Committee of the Whole held August 19, Consent 1996, to accept the new 100 -year flood plain elevations Agenda resulting from the Des Plaines River Feasibility Study as recommended by the Illinois Department of Natural Ordinance Resources, Office of Water Resources; make several minor M -49 -96 text changes to reflect new State Statute numbering system, as well as revisions to agency names and job titles; and further recommend to place on First Reading Ordinance M- 49 -96, AN ORDINANCE AMENDING AND UPDATING THE WORDAGE CONTAINED IN SECTIONS 9-14 -1 "PURPOSE," 9 -14 -2 "DEFINITIONS," 9 -14 -3 "HOW TO USE THIS ORDINANCE," 9 -14 -4 "DUTIES OF THE ENFORCEMENT OFFICIALS(S)," 9 -14 -5 "BASE FLOOD ELEVATION," 9 -14 -6 "OCCUPATION AND USE OF FLOOD FRINGE AREAS," 9 -14 -7 "OCCUPATION AND USE OF IDENTIFIED FLOODWAYS," 9 -14 -8 "OCCUPATION AND USE OF SPECIAL FLOOD HAZARD AREA WHERE FLOODWAYS ARE NOT IDENTIFIED," AND 9- 14-10 "OTHER DEVELOPMENT REQUIREMENTS," OF CHAPTER 14 "REGULATIONS FOR DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS," OF TITLE IX OF THE CITY CODE OF DES PLAINES; AND FURTHER AMENDING SECTION 9 -14 -15 TO READ "SEVERABILITY" INSTEAD OF "SEPARABILITY." Motion declared carried as approved unanimously under Consent Agenda. LIO. LIC./ Moved by Elstner, seconded by Beauvais, to concur with 1290 E. recommendation of Committee of the Whole held August 19, NORTHWEST 1996, to approve Class H Liquor License for property HIGHWAY: located at 1290 E. Northwest Highway, d /b /a Porretta's Consent Pizza & Pasta; and further recommend to place on First Agenda Reading Ordinance M- 51 -96, AN ORDINANCE AMENDING SECTION 5 -34 -18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES Ordinance PLAINES, TO INCREASE THE CLASS H LIQUOR LICENSES BY ONE. M -51 -96 Motion declared carried as approved unanimously under Consent Agenda. DECREASE Moved by Elstner, seconded by Beauvais, to concur with CLASS E Staff recommendation to amend Section 5 -34 -18 of the City LIOUOR Code to decrease Class E Liquor Licenses by one as a LICENSES: result of Edoya Restaurant, 1285 S. Elmhurst Road, not Consent renewing their liquor license for 1996 -97; and further Agenda recommend to place on First Reading Ordinance M- 52 -96, AN ORDINANCE AMENDING SECTION 5 -34 -18 "LICENSE Ordinance LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO DECREASE M -52 -96 THE TOTAL NUMBER OF CLASS E LICENSES BY ONE. Motion declared carried as approved unanimously under Consent Agenda. LICENSE Moved by Elstner, seconded by Beauvais, to concur with AGREEMENT/ Staff recommendaton to grant request to permit 1325 installation of an underground sprinkler system in City - PERRY ST.: owned parkway adjacent to property located at 1325 Perry Consent Street; Mayor and City Clerk be authorized to execute Agenda necessary license agreement; and further recommend to place on First Reading Ordinance M- 53 -96, AN ORDINANCE Ordinance AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE M -53 -96 AGREEMENT WITH R. FRANCZAK & ASSOCIATES, C/O RIVER DEVELOPMENT, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 1325 PERRY STREET, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. LICENSE Moved by Elstner, seconded by Beauvais, to concur with AGREEMENT/ Staff recommendation to grant request to permit 1300 installation of an underground sprinkler system in City - CALLEN: owned parkway adjacent to property located at 1300 Callen Consent Lane; Mayor and City Clerk be authorized to execute Agenda necessary license agreement; and further recommend to place on First Reading Ordinance M- 54 -96, AN ORDINANCE Ordinance AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE M -54 -96 AGREEMENT WITH DINO AND LETTE OBILLO FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 1300 CALLEN LANE, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. LICENSE AGREEMENT/ 720 CASTLEREA: Consent Agenda Ordinance M -55 -96 FINAL PLAT/ BERIAN'S RESUBDIV. 356 -358 N. WOLF ROAD: Consent Agenda ORDINANCE M -38 -96 INSPECTION OF TAXICABS: Consent Agenda ORDINANCE M -40 -96 INSPECTION FEE FOR TAXICABS: Consent Agenda ORDINANCE M -41 -96 LIST. AGREE./ SALE OF CITY PROPERTY: Consent Agenda ORDINANCE M -42 -96 LIC. AGREE./ 690 MIDDLETON: Consent Agenda ORDINANCE M -43 -96 LIC. AGREE./ 1311 CALLEN: Consent Agenda ORDINANCE M -44 -96 LIC. AGREE./ 661 LONGFORD: Consent Agenda PAGE THREE 9/3/96 Moved by Elstner, seconded by Beauvais, 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 720 Castlerea Lane; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M- 55 -96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH NESTOR'CARLOS FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PARKWAY PORTION OF THE PUBLIC RIGHT -OF -WAY IN FRONT OF 720 CASTLEREA LANE, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with recommendation of Des Plaines Plan Commission and Staff, to approve final Plat of Resubdivision for Berian's Resubdivision located at 356 and 358 N. Wolf Road; and Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance M- 38 -96, AN ORDINANCE AMENDING SUBSECTIONS 5 -5- 25.3 "FEES," 5 -5 -25.5 "CONDITIONS OF VEHICLE," 5 -5 -25.6 "PERIODIC INSPECTIONS," AND 5 -5 -25.25 "TAXIMETERS," OF CHAPTER 5 "OTHER BUSINESSES," TITLE V, OF THE CITY CODE OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance M- 40 -96, AN ORDINANCE AMENDING SUBSECTION 5 -5- 25 IN THE "SCHEDULE OF FEES," OF SECTION 5 -1 -3 OF THE CITY CODE OF DES PLAINES, TO CHANGE THE CAB INSPECTION FEE TO $30.00. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance M- 41 -96, AN ORDINANCE AUTHORIZING THE SALE AND DISPOSITION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance M- 42 -96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH MATHEW SAMUEL AND VALSA MATHEWS, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 690 MIDDLETON LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance M- 43 -96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH FRANK OCONSKI FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 1311 CALLEN LANE, DES PLAINES, IL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance M- 44 -96, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH MICHAEL D. AND MARY T. FELISH FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 661 LONGFORD DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE T -8 -96 PARKING RESTRICTION/ DEMPSTER - THACKER: Consent Agenda ORDINANCE Z -14 -96 FACE BRICK VARIATION/ 473 HARVEY: Consent Agenda PROPOSED 1996 LEAF PICKUP PROGRAM: WARRANT REGISTER: EMPLOYEE - RETIREE HEALTH & LIFE ' INSUR. PREMIUMS: STREET IMPROVEMENTS: Apple Creek & Crabtree PAGE FOUR PUBLIC WORKS - Alderman Elstner, Chair ENGINEERING - Alderman Chiropolos, Chair 43. 9/3/96 Moved by Elstner, seconded by Beauvais, to adopt Ordinance T -8 -96, AN ORDINANCE AMENDING SCHEDULE I, SECTION 10 -5 -17, "PARKING PROHIBITED IN DESIGNATED PLACES," OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "THACKER /DEMPSTER STREET, A DISTANCE OF 100 FEET EAST AND WEST OF WOLF ROAD, NORTH SIDE OF THE STREET," AND "THACKER /DEMPSTER STREET, A DISTANCE OF 100 FEET EAST AND WEST OF WOLF ROAD, SOUTH SIDE OF THE STREET;" AND FURTHER AMENDING SECTION 10- 5 -5(G) "RESTRICTED PARKING - VARIOUS HOURS," TO READ "THACKER /DEMPSTER STREET, 100 FT. WEST OF WOLF ROAD TO MT. PROSPECT ROAD, NORTH SIDE OF STREET BETWEEN THE HOURS OF 7:00 A.M. TO 6:00 P.M. DAILY EXCEPT SATURDAYS, SUNDAYS AND HOLIDAYS" AND "THACKER /DEMPSTER STREET, 100 FT. WEST OF WOLF ROAD TO MT. PROSPECT ROAD, SOUTH SIDE OF STREET BETWEEN THE HOURS OF 7:00 A.M. TO 6:00 P.M. DAILY EXCEPT SATURDAYS, SUNDAYS AND HOLIDAYS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance Z- 14 -96, AN ORDINANCE GRANTING A VARIATION TO SECTION 503.1.1 OF THE DES PLAINES BUILDING CODE, TO PERMIT VINYL SIDING INSTEAD OF FACE BRICK FOR THE BUILDING AT 473 HARVEY AVENUE. Motion declared carried as approved unanimously under Consent Agenda. Mayor Ted Sherwood declared that the City Council was now resolved into a Committee of the Whole Moved by Beauvais, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council that the 1996 Leaf Pickup Program begin on October 28th, one week later than last year, with one pickup for each zone in December, ending December 9th; and offer free drop off service Monday through Friday during the pickup period and on Saturday, December 7th and 14th to accommodate working residents. Motion declared carried (final action on this matter under Consent Agenda on September 16, 1996). FINANCE & ADMINISTRATION - Alderman Christiansen, Chair Moved by Arredia, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council approval of September 3, 1996 Warrant Register in the amount of $1,704,794.21, and further recommend that Resolution R- 57-96 be adopted at appropriate time this evening. Motion declared carried. Moved by Sarlo, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council to approve 1997 Employee- Retiree Health and Life Insurance Benefits, effective October 1, 1996, at no increase in rates currently in effect; and further recommend to adopt Resolution R- 58 -96. Motion declared carried (final action on this matter under Consent Agenda on September 16, 1996). Apple Creek Lane City Engineer Oakley stated the residents of Apple Creek Lane have petitioned the City for improvements to this private road. The STAC (Staff Traffic Advisory Committee) recommends: PAGE FIVE 44. 9/3/96 STREET - The residents obtain ownership of the single lot which IMPROVEMENTS contains the road; and (Cont'd.) - The residents pay the first cost of improving Apple Creek Lane by pavement patching and resurfacing with an estimated cost ranging from $70,000 to $131,000 depending on the extent of drainage improvements necessary; a Special Service Area could be created to fund the construction of the street improvements; and - Then the residents could dedicate the property to the City as right -of -way. Mr. Cal Elliott, 1003 Apple Creek Lane, addressed the City Council stating that the residents are asking the City for help in finding out who owns Apple Creek Lane; they have gone downtown to various Cook County departments but would like the City to help them verify the ownership. City Attorney Wiltse will follow up on this matter for the residents. CRABTREE LANE City Engineer Oakley stated that residents of Crabtree Lane are also asking the City to share half the cost of resurfacing of their street; Crabtree Lane is an unimproved street with a total length of approximately 910'; the north 250' of Crabtree Lane is City dedicated right -of -way while the south 450' is private; the middle 210' runs east -west and the jurisdiction is split: the north half is City right -of -way while the south half is private; the residents are not interested in dedicating the private portion of the street to the City as right - of -way as they want to retain control of the street. Ms. Elaine Pastnack, 1053 Crabtree Lane, addressed the City Council stating that 20 years ago the City paid half the cost of repairing Crabtree Lane with the residents; nothing has been done since; she has obtained a patching and resurfacing proposal for the entire 910' of roadway in the amount of $22,984; they don't want the more extensive repairs that the City is proposing; they just want a simple little road. Mrs. Susan Grish, 980 Crabtree Lane, addressed the City Council and read a letter from Emily Grudzien, 981 Crabtree Lane, who states that the City should pay the bulk of the the repair costs because their trucks are causing the problems. Ms. Irene Serwa, 1011 Crabtree Lane, addressed the City Council asking why the City can't cooperate with the residents; they pay very high taxes with no benefits; the area still floods; they have no lights, no sewers, no street. Mr. Julius Rothchild, 1053 Crabtree Lane, addressed the City Council asking why the City needs to do the work; they would like to use their contractor and the City pay half the cost. Ms. Sumrell Eiland, 1010 Crabtree Lane, addressed the City Council stating that she has children with special needs; one is in a wheelchair; urges the City to help repair the road. Moved by Beauvais, seconded by Sarlo, to recommend to the City Council that City share the cost of resurfacing of Crabtree Lane (half owned by the City) with the residents using proposal solicited by the residents from Dean and Sons, Inc., 100 S. Dee Road, Park Ridge, IL 60068, in the total amount of $22,984 with the City's share being $11,492; and it would be in the best interest of the City that usual bid procedures be waived. PAGE SIX 45. 9/3/96 CRABTREE LANE Upon roll call, the vote was: (Cont'd.) AYES: 4- Beauvais, Christiansen, Sarlo, Chiropolo NAYS: 4- Elstner, Higgason, Curley, Arredia ABSENT: 0 -None Motion declared failed (final action on this matter under Unfinished Business on September 16, 1996). SUSPEND THE RULES FOR PUBL C COMMENT: ZONING CASE Moved by Chiropolos, seconded by Arredia, to concur with 96 -28 -SU recommendation of Des Plaines Plan Commission, Des 877 8. Plaines Zoning Board of Appeals and Staff, and recommend ELMHURST: to the City Council to grant request re Zoning Case 96- 28-SU, to permit the reconstruction of a Class B Restaurant in a C -2 General Commercial Zoning District and waive requirement of construction of a screening fence when a new Class B restaurant is built, on property located at 877 S. Elmhurst Road; and City Attorney be authorized to draft necessary ordinance. Motion declared carried (further action on this matter under Consent Agenda on September 16, 1996). COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. Moved by Sarlo, seconded by Chiropolos, to suspend the rules to permit a resident to address the City Council. Motion declared carried. Mr. John Yaccino, 1779 Cora Street, addressed the City Council stating his complaints about the Community Development Department's personnel coming on his property and citing him for peeling paint, rotten wood on the garage and parking an antique car in his driveway; he feels he is being harassed; the City is pitting one neighbor against another. City Manager Douthwaite suggested Mr. Yaccino contact his office and set up an appointment to meet with him and Director of Community Development D'Onofrio. Mr. Yaccino stated that he would do so. EXEMPT RANKS Moved by Curley, seconded by Chiropolos, to concur with FOR POLICE: recommendation of Committee of the Whole held August 19, 1996, that Police Captains hired shall be a position Ordinance exempt from the Board of Fire and Police Commissioner's M -47 -96 jurisdiction, the Police Captains be hired from the rank AS AMENDED of Sergeant or Lieutenant from within the Des Plaines Police Department and may be removed from the position by the Police Chief without cause; amend Section 3 -1- 4(D), Line 2, of proposed ordinance, to read after the words Police Chief, "with the concurrence of the City Manager;" and further recommend to place on First Reading Ordinance M -47 -96 - AS AMENDED, AN ORDINANCE AMENDING CHAPTER 1 "POLICE DEPARTMENT," OF TITLE III "DEPARTMENTS," OF THE CITY CODE OF DES PLAINES, TO ADD THERETO A NEW SECTION 3 -1 -4 "POLICE CAPTAIN" AS AN EXEMPT RANK POSITION. Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Higgason, Curley, Chiropolos, Arredia NAYS: 2- Elstner, Sarlo ABSENT: 0 -None Motion declared carried (final action on this matter under Unfinished Business on September 16, 1996). PAGE SEVEN 46,% 9/3/96 AMENDMENT/ Moved by Sarlo, seconded by Christiansen, to concur with SMOKING IN recommendation of Committee of the Whole held August 19, PUBLIC 1996, to NOT amend Section 8 -17 -1: "Definitions," of PLACES: Chapter 17 "Smoking in Public Places," of Title VIII of the City Code to delete "(exclusive of door or passage ways);" and void related proposed Ordinance M- 48 -96. Upon roll call, the vote was: AYES: 5- Christiansen, Elstner, Curley, Sarlo, Arredia NAYS: 3- Beauvais, Higgason, Chiropolos ABSENT: 0 -None Motion declared carried. ORDINANCE Moved by Chiropolos, seconded by Arredia, that his matter Z -11 -96 be postponed to September 16, 1996 (previously postponed VARIATION/ on August 19, 1996 to this date), inasmuch as the owner 623 -627 N. of the White Star Restaurant is unable to be at the WOLF ROAD: meeting this evening. POSTPONED Moved by Christiansen, seconded by Higgason, to adopt a MATTER substitute motion to suspend the rules to permit the attorney for Norwood Builders, owners of the property, to address the City Council. Upon roll call, the vote was: AYES: 8- Beauvias, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Attorney Barry Collins, Tuttle, Vedral, Collins & Erickson, 733 Lee Street, Suite 210, Des Plaines, representing petitioner, Norwood Builders, Inc., owners of property located at 615 -699 N. Wolf Road, addressed the City Council and reviewed the two requests by his client for parking variations beginning in 1993 in order to maximize the amount of rent he could charge the restaurant owner; there seems to be a great deal of confusion about the seating capacity in the restaurant. Both Alderman Chiropolos and Alderman Arredia withdrew their motion that this matter be postponed until September 16, 1996. Moved by Christiansen, seconded by Beauvais, that Section 3 of Ordinance Z -11 -96 be amended to remove the $2,000 fine to be paid by the restaurant owner; and further recommend to adopt Ordinance Z -11 -96 - AS AMENDED. Moved by Elstner, seconded by Higgason, to adopt a substitute motion that this matter be postponed until September 16, 1996. Upon roll call, the vote was: AYES: 3- Elstner, Higgason, Sarlo NAYS: 5- Beauvais, Christiansen, Curley, Chiropolos, Arredia ABSENT: 0 -None Motion declared failed. Upon roll call on the original motion, the vote was: AYES: 4- Beauvais, Christiansen, Chiropolos, Arredia NAYES: 5- Elstner, Higgason, Curley, Sarlo, Sherwood ABSENT: 0 -None Motion declared failed. Moved by Higgason, seconded by Curley, to adopt 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). 1 1 1 WOLF ROAD (Cont'd.) SINGLE BID/ WATERPROOF. OF FIRE STA. #2 BASEMENT: APPROVED BY ME THIS ' Ted Sherwood, MAYOR PAGE EIGHT 9/3/96 Upon roll call, the vote was: AYES: 5- Elstner, Higgason, Curley, Sarlo, Chiropolos NAYS: 3- Beauvais, Christiansen, Arredia ABSENT: 0 -None Motion declared carried. DOWNTOWN Moved by Christiansen, seconded by Higgason, to concur REDEVELOP.: with recommendation of the Committee of the Whole held August 28, 1996, that Staff be authorized to negotiate a redevelopment agreement with LR Development Company, 350 W. Hubbard, Suite 301, Chicago, IL 60610, for the area bounded by Lee Street, Ellinwood Street, Pearson Street and Prairie Avenue. Motion declared carried. WARRANT Moved by Christiansen, seconded by Elstner, to concur REGISTER: with recommendation of Committee of the Whole to adopt Resolution R- 57 -96, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R - 57 - 96 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $1,704,794.21. 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 Chiropolos, that City Clerk be authorized to open single bid received on August 21, 1996, for Waterproofing of Basement at Fire Station #2. Motion declared carried. The City Clerk announced that the single bid was received from United Sealants and Waterproofing, Inc., 5909 W. Lincoln Avenue, Morton Grove, IL 60053, in the bid amounts as follows: - All work with one (1) Sump Pump and Crock - $7,450 - All work with two (2) Sump Pumps and Crocks - $8,125 - All work with three (3) Sump Pumps and Crocks- $8,650 Mayor Sherwood referred the bid to Staff for review and report. WATER & Moved by Beauvais, seconded by Arredia, that Staff be SEWER authorized to prepare two (2) separate ordinances; one ORDINANCES: for proposed Water Improvements Project and one for proposed Sewer Improvements Project, to be presented for discussion on September 16, 1996. Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Higgason, Sarlo, Chiropolos, Arredia NAYS: 2- Elstner, Curley ABSENT: 0 -None Motion declared carried. ADJOURNMENT: Moved by Beauvais, seconded by Christiansen, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:30 p.m. Donna McAllister, CMC /AAE - CITY CLERK