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10/15/1990CALL TO ORDER: ROLL CALL: 342 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 15, 1990 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor D. Michael Albrecht at 8:25 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, October 20, 1990. Roll Call indicated the following Aldermen present: Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. Also present were: City Treasurer Fredricks, City Manager Asaro, City Comptroller Peters, Commissioner of Public Works Matula, Fire Chief Clark, Police Chief Storm, Municipal Development Director Pagones, City Engineering Oakley, Human Resources and Services Department Liaison Boho, and Corporate Attorney Delort. PRAYER AND PLEDGE: WELCOME: The opening prayer was given by Pastor James Bouman, Immanuel Lutheran Church, followed by the Pledge of Allegiance to the Flag. Mayor Albrecht welcomed Boy Scout Troop #22, from St. Mary's Church, who were in the audience earning credit for their citizenship/community merit badges; they will be celebrating their 50th anniversary in February, 1991. PRESENTATION: Dr. Stanley Zydlo, Project Medical Director -Paramedic System, Northwest Community Hospital, gave an over- view, with slides, of the Emergency Medical Service Program, and the benefits to our community. MINUTES: Moved by Sarlo, seconded by Chiropolos, to approve minutes of regular meeting of the City Council held October 1, 1990, as published. Motion declared carried. Moved by Sarlo, seconded by Childers, to approve minutes of executive session held October 1, 1990. Motion declared carried. BILLS PAYABLE: Moved by Schneck, seconded by Sarlo, to adopt the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOW- ING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $525,978.03. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. TCI CABLE Moved by Schneck, seconded by Sarlo, to adopt the FRANCHISE recommendation of Finance Committee to accept AGREEMENT: proposed amendments to the TCI of Illinois (formerly Cablenet, Inc.) Franchise Agreement, which includes dropping 60 channels from the 120 channel system and having only one cable of 60 channels, and Ordinance M-38-90 be adopted at appropriate time this evening. Motion declared carried. 10/15/90 PAGE TWO 343. NWMC/PUBLIC Moved by Schneck, seconded by Sarlo, to adopt the UTILITY recommendation of Finance Committee that the City FRANCHISE participate in the Northwest Municipal Conference's PROJECT: Franchise Research Project in the amount of $6,370.41/1991 Budget; said project to provide a model franchise agreement/ordinance for negotiations with Commonwealth Edison (information could be developed to provide options to communites when various public utility franchise agreements come up for renewal in the future). Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ZONING CASE 90-55-V 1300 OAKTON: ZONING CASE 90-58-V 1921 ASH: Moved by Sarlo, seconded by Childers, to adopt the recommendation of Municipal Development Committee to concur with recommendation of Des Plaines Zoning Board of Appeals re Case 90-55-V to grant request for variation to permit the erection of a third wall sign on property located at 1300 Oakton Street, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt the recommendation of Municipal Development Committee to concur with recommendation of Des Plaines Zoning Board of Appeals re Case 90-58-V to grant request for variation to permit an undersize corner lot (7,086 sq. ft.) from the required 8,125 sq. ft. on property located at 1921 Ash Street, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. BOND REFUND/ Moved by Sarlo, seconded by Childers, to adopt the McKAY-NEALIS recommendation of Municipal Development Committee SUBDIVISION: to accept the public improvements for the 12th Addition to the McKay-Nealis Subdivision, and that the Surety Bond in the amount of $21,666.25 and the Cash Guarantee in the amount of $450, be refunded. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. LOT GRADING: Moved by Christiansen, seconded by Hardiman, to adopt the joint recommendation of the Building Code and Engineering Committees that City Attorney be authorized to draft necessary ordinance to amend the Building Code re lot grading as follows: 1. Require final (as -built) surveys of the lot grading which should show substantial compliance with approved permit survey. Surveys shall be prepared by registered land surveyor or professional engineer. Occupancy should not be granted if the property is not in compliance with the subdivision grading plan and permit survey. 2. Require developer to sell a final product to purchaser. Landscaping, including sod, should be in place prior to occupancy. During inclement weather, a cash performance bond reflecting actual construc- tion costs, approximately $2,500 should be posted. LOT GRADING (Cont'd.) 10/15/90 PAGE THREE 344. 3. Require developer to provide the City, at closing, a signed statement by purchaser indicating grades of the property cannot be altered without a permit. Also, the statement should inform purchaser of other building code permit requirements, such as fences, patios, decks, sheds and pools. Perhaps a welcome wagon -type package including City directory and list of services can accompany the statement. 4. Final inspections should occur con urrently by the Building Department (building code enforcement), Engineering Department (subdivision code enforcement) and Public Works Department (water ordinance enforce- ment - check B -Box and water meter operation). Motion declared carried. DOWNSPOUT Moved by Christiansen, seconded by Chiropolos, to DISCONNECTIONS: adopt joint recommendation of Building Code and Engineering Committees that City Attorney be authorized to draft necessary ordinance re retro- active enforcement of downspout disconnections to allow until August 31, 1991 for compliance and then 90 days to correct any violation. Motion declared carried. WAIVING OF Moved by Christiansen, seconded by Hardiman, to PERMIT FEES/ adopt recommendation of Building Code Committee GOVERNMENTAL that City Attorney be authorized to draft necessary AGENCIES: ordinance re permit fees for local taxing bodies within city limits as follows: 1. Anything under $100,000 a sliding scale is to be used which will be determined by the department head or permit coordinator. 2. Anything over $100,000 to be at normal fee. 3. Exception: those governmental agencies where no city inspections are required, in which case fee is waived. 4. In all cases a permit is required. Motion declared carried. FENCE ORDINANCE Moved by Christiansen, seconded by Schneck, to REWORDING: adopt recommendation of Building Code Committee that City Attorney be authorized to draft necessary ordinance re opacity of screen fences to read: "....solid opague and view -screening fence of .n -at-.. 1--- -- ' _ - - eight feet (8')..." Motion declared carried. SIOUX PARK Moved by Chiropolos, seconded by Christiansen, to DETENTION adopt recommendation of Engineering Committee that BASIN: the City and Des Plaines Park District coordinate a meeting with residents of the Sioux Park area to determine if the park could be closed and replaced with a three foot (3') detention basin. Motion declared carried. LIQUOR LIC./ 727 W. GOLF: Moved by Haupt, seconded by Wetter, to adopt the recommendation of License & Judicial Committee to grant request for Class B Liquor License for property located at 727 W. Golf Road, d/b/a Butera Finer Foods, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. frg 10/15/90 PAGE FOUR 345. FINAL PAYOUT/ Moved by Wetter, seconded by Christiansen, to adopt N.W. HIGHWAY recommendation of Public Works Committee to BEAUTIFICATION: authorize final payout to Bernard Rosauer & Associates, 378 Park Avenue, Glencoe, IL 60022, for design of landscaping improvements along Northwest Highway by the railroad right of way, in the amount of $1,650 (balance due on not -to -exceed amount of $3,000 authorized by the Council on January 15, 1990, plus $300 for additional meetings, and $96.60 for expenses, for a total of $2,046.60. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. COMPOSTING Moved by Wetter, seconded by Christiansen, to adopt OF LEAVES: recommendation of Public Works Committee to accept proposal from Waste Options, Inc., 479 N. Addison Road, Suite B1, Elmhurst, IL 60126, to operate a pilot compost program for leaves beginning now through July 1, 1991 on Public Works property at 1111 Joseph J. Schab Road, at a cost of $5.50 per cubic yard tipping fee and rental of City's 3 1/2 cubic yard front end loader for $2,500, and bid procedures be waived; this action contingent upon Des Plaines Zoning Board of Appeals granting zoning variation to allow this type of operation at this location, and Mayor be authorized to execute agree- ment. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. LIFT STATION PUMP/SPARE: FLY DUMPING PENALTIES: Moved by Wetter, seconded by Christiansen, to adopt recommendation of Public Works Committee to accept proposal from Flow -Technics, 1700 167th Street, Suite 36, Calumet City, IL 60409, for one (1) spare pump for Fargo/River lift station, in the amount of $5,223 plus shipping, and warranty to be determined. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Wetter, seconded by Christiansen, to adopt recommendation of Public Works Committee that City Attorney be authorized to draft necessary ordinance to increase the minimum fine for "fly dumping" to $500, and add an additional minimum fine of $25 for placing garbage in another person's cans. Motion declared carried. OUTSIDE Moved by Wetter, seconded by Christiansen, to adopt HOLIDAY recommendation of Public Works Committee to accept DECORATIONS/ proposal from Folger's Flag & Decorating, Inc., CIVIC CENTER: 13030 S. Western Avenue, Blue Island, IL 60406, for purchase and installation of a 15' diameter wall mounted holiday wreath on Miner Street side of Civic Center, in the amount of $2,962. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. 10/15/90 PAGE FIVE 346. GARBAGE- Moved by Wetter, seconded by Christiansen, to adopt RECYCLING recommendation of Public Works Committee that City CONTRACTS: Manager, City Attorney and Commissioner of Public Works begin negotiations with Laidlaw Waste Systems re their proposed options for our garbage, recycling and yard waste contracts, and that usual bid procedures be waived. Motion declared carried. ORDINANCE Moved by Sarlo, seconded by Christiansen, to adopt M-37-90 Ordinance M-37-90, AN ORDINANCE AMENDING CHAPTER 14 REG. FOR DEV. "REGULATIONS FOR DEVELOPMENT IN SPECIAL FLOOD IN SPECIAL HAZARD AREAS" OF TITLE IX OF THE DES PLAINES CITY FLOOD HAZARD CODE, IN ITS ENTIRETY. Upon roll call, the vote was: AREAS: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ORDINANCE Moved by Schneck, seconded by Sarlo, to waive First M-38-90 Reading and place on passage Ordinance M-38-90. TCI FRANCHISE Motion declared carried. AGREEMENT: Moved by Schneck, seconded by Sarlo, to adopt Ordinance M-38-90, AN ORDINANCE AMENDING CITY OF DES PLAINES ORDINANCE M-29-81, REGARDING A CABLE TELEVISION SYSTEM FRANCHISE AND REGULATIONS THEREFOR, IN ITS ENTIRETY. Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ORDINANCE Placed on First Reading was Ordinance M-39-90, AN M-39-90 ORDINANCE AMENDING CHAPTER 15 - "HAZARDOUS MATERIAL HAZARDOUS RESPONSES" OF TITLE VII, OF THE CITY OF DES PLAINES MATERIALS CITY CODE, IN ITS ENTIRETY. REGULATIONS: ORDINANCE Moved by Haupt, seconded by Sarlo, to waive First Z -15A-90 Reading and place on passage Ordinance Z -15A-90. SPECIAL USE/ Motion declared carried. 2481 BALLARD: Moved by Haupt, seconded by Sarlo, to adopt Ordinanc( Z -15A-90, AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO SECTION 3.1.2.19 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF A PARKING LOT ON A VACANT LOT ZONED R-2 SINGLE FAMILY RESIDENCE DISTRICT, TO PROVIDE ADDITIONAL CUSTOMER PARKING FOR ADJACENT TAVERN/RESTAURANT ON PROPERTY COMMONLY KNOWN AS 2481 EAST BALLARD ROAD (90 -38 -SU). Upon roll call, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ORDINANCE Placed on First Reading was Ordinance Z-16-90, AN Z-16-90 ORDINANCE AMENDING ARTICLE 4, SECTION 4.2.2, "USE TEXT AMEND./ REGULATIONS" OF THE CITY OF DES PLAINES ZONING QUICK OIL ORDINANCE (90-45-A). CHANGE FAC.: 1 1 10/15/90 PAGE SIX 347. ZONING CASE Letter from Des Plaines Zoning Board of Appeals re 90-62-V. Case 90-62-V, 1400 Oxford Road, was referred to the 1400 OXFORD RD.: Municipal Development Committee. ZONING CASE 90 -63 -SU WIS. CENTRAL RR R -0-W: Letter from Des Plaines Plan Commission and Zoning Board of Appeals re Case 90 -63 -SU, Wisconsin Central Railroad Right -of -Way, was referred to the Municipal Development Committee. ZONING CASE Letter from Des Plaines Plan Commission and Zoning 90 -64 -SU Board of Appeals re Case 90 -64 -SU, 1990 Mannheim 1990 MANNHEIM: Road, was referred to the Municipal Development Committee. ADJOURNMENT: Moved by Childers, seconded by Sarlo, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:47 p.m. APPROVED BY ME THIS —7 Donna McAllister, CMC/AAE - CITY CLERK DAY OF , 1990 D. Michael Albrech , MAYOR