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10/21/199664. 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, OCTOBER 21, 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, October 21, 1996. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia. Alderman Chiropolos was absent. Also present were: City Treasurer Fredricks, City Manager Douthwaite, Director of Finance & Administration Peters, Assistant to the City Manager Carter, 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: CONSENT AGENDA: The opening prayer was given by Reverend David Jones, First Presbyterian Church, followed by the Pledge of Allegiance to the Flag. Alderman Christiansen requested that Item 9 be removed from the Consent Agenda. Moved by Sarlo, seconded by Arredia, to establish a Consent Agenda except for Item 9. Motion declared carried. Moved by Sarlo, seconded by Arredia, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. The minutes are approved. The Staff recommendations and requests are approved; Ordinances M- 65 -96, M- 66 -96, M -67- 96, Z- 16 -96, Z -17 -96 and Z -18 -96 are adopted. MINUTES: Moved by Sarlo, seconded by Arredia, to approve minutes Consent of regular meeting of the City Council held October 7, Agenda 1996, as published. Motion declared carried as approved unanimously under Consent Agenda. FENCE Moved by Sarlo, seconded by Arredia, to concur with staff VARIATION recommendation to grant request for Variation to Section 644 YALE CT: 6 -7 -1 of the City Code to permit construction of a 6' Consent high, solid fence in the secondary front yard along Agenda Seventh Avenue (Code requires front yard fences to not exceed 3 -1/2' in height and be at least 50% open), on property located at 644 Yale Court. Motion declared carried as approved unanimously under Consent Agenda. FINAL PLAT Moved by Sarlo, seconded by Arredia, to concur with WOLFGANG'S recommendation of Des Plaines Plan Commission and Staff RESUBD to approve final Plat for Wolfgang's Resubdivision, which GOLF -RAND frontages three (3) streets: Golf, Rand and Redeker REDEKER RDS: Roads; and Mayor and City Clerk be authorized to execute Consent same, contingent upon petitioner securing necessary Agenda permits from the Illinois Environmental Protection Agency and the Metropolitan Water Reclamation District. Motion declared carried as approved unanimously under Consent Agenda. PAGE TWO 65. 10/21/96 DRIVEWAY / Moved by Sarlo, seconded by Arredia, to concur with Staff PATIO recommendation to grant request for Variation to Section VARIATION 111.7.1 of the Building Code to permit reconstruction of 510 DOROTHY: an existing circular driveway with a total area of 1,339 Consent sq. ft.; and grant request for Variation to Section 515.0 Agenda of the Building Code to legalize a newly reconstructed patio that extends to within 2' of north (side) lot line with a total area of 800 feet (Code permits a total lot area of up to 344 sq. ft. and be not less than 5' from any lot line), on property located at 510 Dorothy Drive, contingent upon petitioner obtaining a building permit and paying a double permit fee (total fee will be $56 instead of $28). Motion declared carried as approved unanimously under Consent Agenda ADVERISE Moved by Sarlo, seconded by Arredia, to concur with Staff FOR BIDS: recommendation that City Clerk be authorized to advertise Consent for bids for Park Place Lighting, returnable by 3:00 Agenda p.m., Friday, November 15, 1996. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Arredia, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Purchase of Hydraulic Hammer, returnable by 3:00 p.m., Friday, November 15, 1996. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Arredia, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Lubrication Reel Bank, returnable by 3:00 p.m., Friday, November 15, 1996. Motion declared carried as approved unanimously under Consent Agenda. APPOINTMENTS: Moved by Sarlo, seconded by Arredia, to consider Mayoral Consent appointments as follows: Agenda DES PLAINES ECONOMIC DEVELOPMENT COMMISSION - Appointment Graham A. Hills DES PLAINES YOUTH COMMISSION - Appointment Richard H. Quast Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Sarlo, seconded by Arredia, to adopt Ordinance M -65 -96 M- 65 -96, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC SALE OF CITY AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PROPERTY BY PLAINES. Motion declared carried as approved unanimously AUCTION: under Consent Agenda. Consent Agenda ORDINANCE Moved by Sarlo, seconded by Arredia, to adopt Ordinance M -66 -96 M- 66 -96, AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN SALE OF WALK PROPERTY OF THE CITY OF DES PLAINES (WALK NEXT TO 570 570 CLAYTON: CLAYTON LANE). Motion declared carried as approved Consent unanimously under Consent Agenda. Agenda ORDINANCE Moved by Sarlo, seconded by Arredia, to adopt Ordinance M -67 -96 M- 67 -96, AN ORDINANCE AMENDING SECTION 5 -5 -25.24 OF TAXICAB CHAPTER 5 "OTHER BUSINESSES," OF TITLE V OF THE CITY CODE LICENSES: OF DES PLAINES, TO INCREASE THE NUMBER OF VEHICLE Consent LICENSES TO SEVENTY -FOUR (74). Motion declared carried Agenda as approved unanimously under Consent Agenda. ORDINANCE Moved by Sarlo, seconded by Arredia, to adopt Ordinance 2 -16 -96 Z- 16 -96, AN ORDINANCE GRANTING A SPECIAL USE PERMIT 825 W. PURSUANT TO ARTICLE 8 OF THE CITY OF DES PLAINES ZONING OAKTON ST.: ORDINANCE, TO ALLOW THE RECONSTRUCTION OF A GASOLINE Consent SERVICE STATION /CONVENIENCE STORE IN C -2 GENERAL Agenda COMMERCIAL DISTRICT ON THE PROPERTY COMMONLY KNOWN AS 825 WEST OAKTON STREET (96- 32 -SU). Motion declared carried as approved unanimously under Consent Agenda. PAGE THREE 66.; 10/21/96 ORDINANCE Moved by Sarlo, seconded by Arredia, to adopt Ordinance Z -17 -96 Z- 17 -96, AN ORDINANCE GRANTING A VARIATION TO SECTIONS 1156 ALFINI: 3.2.4.4 AND 3.2.4.2 OF THE CITY OF DES PLAINES ZONING Consent ORDINANCE, TO PERMIT THE CONSTRUCTION OF AN ADDITION THAT Agenda WILL INCREASE THE LOT COVERAGE TO 33 PERCENT INSTEAD OF THE PERMITTED 30 PERCENT, AND TO LEGALIZE THE EXISTING 4.84 FOOT SIDE YARD SETBACK INSTEAD OF THE REQUIRED 5 FEET AT 1156 ALFINI DRIVE (CASE NO. 96- 33 -V). Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Sarlo, seconded by Arredia, to adopt Ordinance Z -18 -96 Z- 18 -96, AN ORDINANCE GRANTING A VARIATION TO SECTION 414 E. GOLF: 5.1.2 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO Consent PERMIT THE CONSTRUCTION OF A MONOPOLE ANTENNA STRUCTURE Agenda AT A HEIGHT OF 65 FEET AS PART OF A PCS WIRELESS TELEPHONE COMMUNICATIONS FACILITY, WHICH EXCEEDS THE MAXIMUM HEIGHT OF 45' AT 414 EAST GOLF ROAD (CASE NO. 96- 34-V). Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Christiansen, seconded by Sarlo, to adopt M -64 -96 Ordinance M -64 -96 - AS AMENDED, AN ORDINANCE AUTHORIZING AS AMENDED/ THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, REFUNDING SERIES 1996A, AND GENERAL OBLIGATION TIF REFUNDING BONDS, OF G.O. SERIES 1996B, OF THE CITY OF DES PLAINES, ILLINOIS. Upon BONDS: roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. Mayor Ted Sherwood declared that the City Council was now resolved into a Committee of the Whole Finance & Administration - Alderman Christiansen, Chair WARRANT Moved by Christiansen, seconded by Curley, to concur with REGISTER: Staff recommendation and recommend to the City Council approval of October 21, 1996 Warrant Register in the amount of $2,920,632.54; and Resolution R -63 -96 be adopted at appropriate time this evening. Motion declared carried. Community Development - Alderman Sarlo, Chair ZONING CASE Mr. Vern Wons, representing the petitioner Good News 96 -35 -SU Church, addressed the City Council requesting approval 807 -815 of this variation so this Church can continue its LEE STREET: ministry in the City of Des Plaines, due to the fact they are forced to vacate their present location in the Des Plaines Mall. Moved by Elstner, seconded by Curley, to concur with recommendation of Des Plaines Plan Commission, Des Plaines Zoning Board of Appeals and Staff, and recommend to the City Council re Zoning Case 96- 35 -SU, to grant request to permit the Good News Church to operate a church in a C -4 Commercial, Central Business District, on the property commonly known as 807, 809, 811, 815 Lee Street contingent upon: 1) the Church entering into a long -term lease agreement with adjacent property owner(s) for off -site parking, for a term not less than 25 years and 2) that the Church will remove all non - conforming wall signs within 60 days and Ordinance Z -19 -96 be placed on First Reading at appropriate time this evening. Motion declared carried. 'rd\ PAGE FOUR BUILDING CODE - Alderman Arredia 67. 10/21/96 FINAL PLAT/ Petitioner Dan DiMaria, 5700 W. Dempster Street, Morton DI MARIA'S Grove addressed the City Council on this matter. RESUBD. 2233 Moved by Curley, seconded by Higgason, to concur with SPRUCEWOOD: recommendation of Des Plaines Plan Commission and Staff and recommend to the City Council to approve final Plat of Subdivision for Di Maria's Resubdivision located at 2233 Sprucewood Avenue between Jarvis and Jarlath Avenues; and Mayor and City Clerk be authorized to execute same. Motion declared carried (final action on this matter under Consent Agenda on November 4, 1996). FENCE Mr. Rafal Zelek, 5230 W. Winona, Chicago, representing VARIATION the petitioner Marek Zelek and Mr. Louis Gavelli, 5230 694 ALBANY W. Wolfram, Chicago, the purchaser of this property, LN: addressed the City Council on this matter. Moved by Elstner, seconded by Christiansen, to recommend to the City Council to grant request to construct a solid, 7' high fence in the front yard along Rand Road with a set -back of 25 feet (no fence to be built in front of the building line parallel to Albany Lane), on property located at 694 Albany Lane. Moved by Beauvais, seconded by Sarlo, to adopt a substitute motion, to recommend to the City Council to grant request to construct a solid, 6' high fence in the front yard along Rand Road with a set -back of 25 feet (no fence to be built in front of the building line parallel to Albany Lane) on property located at 694 Albany Lane. Upon roll call, the vote was: AYES: 2- Beauvais, Sarlo NAYS: 5- Christiansen, Elstner, Higgason, Curley, Arredia ABSENT: 1- Chiropolos Motion declared failed. Upon roll call on the original motion, the vote was: AYES: 5- Christiansen, Elstner, Higgason, Curley, Arredia NAYS: 2- Beauvais, Sarlo ABSENT: 1- Chiropolos Motion declared carried (this matter will come under unfinished business on November 4, 1996). Mayor 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- 63 -96, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R -63 -96 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,920,632.54. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. ZONING CASE Moved by Sarlo, seconded by Arredia, to concur with 96 -35 -SU recommendation of Committee of Whole re Zoning Case 96- 807 -815 35 -SU, to grant request to permit the Good News Church LEE STREET: to operate a church in a C - 4 Commercial, Central Business District, on the property commonly known as 807, 809, 811, 815 Lee Street contingent upon: 1) the Church ORDINANCE entering into a long -term lease agreement with adjacent Z -19 -96 property owner(s) for off -site parking, for a term not 1 1 1 PAGE FIVE 68. 10/21/96 ORDINANCE less than 25 years and 2) that the church will remove all Z -19 -96 non - conforming wall signs within 60 days and place on (Con't) First Reading Ordinance Z- 19 -96, AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO ALLOW A CHURCH IN A C -4 COMMERCIAL, CENTRAL BUSINESS DISTRICT ON THE PROPERTY COMMONLY KNOWN AS 807, 8 811, 815 LEE STREET (CASE NO. 96- 35 -SU). Motion declared carried. (Final action on this matter under Consent Agenda on November 4, 1996). EXECUTIVE Moved by Beauvais, seconded by Arredia, to go into SESSION: Executive Session to discuss Workers' Compensation Claims and Pending Litigation. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. Council recessed at 8:05 p.m. Council reconvened at 9:20 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Higgason, Curley, Sarlo, Arredia. WORKERS Moved by Beauvais, seconded by Christiansen, that the COMPENSATION City's legal counsel for Workers' Compensation Claims be CLAIMS: authorized to proceed with settlements as directed in Executive Session. Motion declared carried. PROBABLE/ Moved by Beauvais, seconded by Christiansen, that the IMMINENT City Manager and Staff be authorized to proceed as LITIGATION: directed in Executive Session regarding probable and imminent litigation. Motion declared carried. ADJOURNMENT: Moved by Curly, seconded by Christiansen, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:21 p.m. APPROVED BY ME THIS 2 OF 1996 Ted Sherwood, MAYOR ne M. Linke, DEPUTY CITY CLERK