11/05/1990348.
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, NOVEMBER 5, 1990
CALL TO ORDER: The regular meeting of the City Council of the City
Of Des Plaines, Illinois, was called to order by
Mayor D. Michael Albrecht at 8:03 P.M. in the
Eleanor Rohrbach Memorial Council Chambers,
Des Plaines Civic Center on Monday, November 5, 1990.
ROLL CALL:
Roll Call indicated the following Aldermen present:
Childers, Christiansen, Wetter, Schneck, Hardiman,
Sarlo, Chiropolos, Haupt.
Also present were: City Treasures Fredricks, City Manager Asaro, City
Comptroller Peters, Commissioner of Public Works Matula, Fire Chief
Clark, Deputy Police Chief Randolph, Municipal Development Director
Pagones, City Engineer Oakley, Human Resources and Services Director
Panouses, and City Attorney Kolman.
PRAYER AND
PLEDGE:
MINUTES:
The opening prayer was given by Reverend Paul
Brouillette, St. Martin's Episcopal Church, followed
by the Pledge of Allegiance to the Flag.
Moved by Sarlo, seconded by Chiropolos, to approve
minutes of regular meeting of the City Council held
October 15, 1990, as published. Correction: Page
Three, Paragraph Four, Lines Five and Six, delete
the words "not less than six feet (6') nor more
than...." Following correction, motion declared
carried.
BILLS PAYABLE: Movedlby 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: $1,075,477.57. 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.
CHICAGO WATER
RATE CASE
LEGAL BILLS:
Movedcby Schneck, seconded by Sarlo, to adopt the
recommendation of Finance Committee to authorize
payment of $18,748.80 to Ancel, Glink, Diamond,
Murphy & Cope, P.C., 180 N. LaSalle Street,
Chicago, IL 60601, for legal services rendered to
the City as a member of the Suburban Water Suit
Committee re Niles, et al. v. Chicago Water Rate
Suit, and City Attorney continue to monitor this
legal action. 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.
OUT-OF-STATE- Moved by Schneck, seconded by Sarlo, to adopt the
CREDIT AUTH. recommendation of Finance Committee to grant request
(IMRF): from City Manager Lawrence Asaro for transfer of
previously earned out-of-state credits earned in
Texas and Iowa Municipal Employee Pension Systems
to the Illinois Municipal Retirement System, and
Resolution R-24-90 be adopted at appropriate time
this evening. Motion declared carried.
11/5/90
PAGE TWO
349.
TAX LEVY Moved by Schneck, seconded by Sarlo, to adopt the
PUBLIC HEARING: recommendation of Finance Committee that due to the
fact that the recommended 1990 tax levy is 5%
greater than the 1989 levy, it will be necessary
for the City to hold a public hearing, and that
Resolution R-23-90 calling for said public hearing
on November 19, 1990, 7:00 p.m., at the Finance
Committee meeting, be adopted at appropriate time
this evening. Motion declared carried.
DRIVEWAY Moved by Christiansen, seconded by Schneck, to adopt
VARIATION/ recommendation of Building Code Committee to grant
598 CONCORD: request for a circular driveway on property located
at 598 Concord Lane. Motion declared carried.
PATIO Moved by Christiansen, seconded by Schneck, to adopt
VARIATION/ recommendation of Building Code Committee to deny
712 BERKSHIRE: request for oversized patio of 644 sq. ft. on
property located at 712 Berkshire Court, but to
allow a 10% over the Codes of 344 sq. ft. size;
no set backs will be encroached; a 4" reveal must be
maintained; and building line must be followed on
the northwest portion of the property. Motion
declared carried.
FENCE Moved by Christiansen, seconded by Schneck, to adopt
VARIATION/ recommendation of Building Code Committee to grant
209 WASHINGTON: request for split rail fence for property located
at 209 Washington Street. Motion declared carried.
ESSER COURT Moved by Chiropolos, seconded by Christiansen, to o
DETENTION adopt recommendation of Engineering Committee to
BASIN: award bid for Esser Court Detention Basin to low
bidder, Bell Land Improvement, 1350 Gasket Drive,
Elgin, IL 60120, in the amount of $111,686.20.
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.
OAKWOOD AVENUE Moved by Chiropolos, seconded by Christiansen, to
SEWER adopt recommendation of Engineering Committee that
SEPARATION: the City Clerk be authorized to advertise for bids
for the Oakwood Avenue Sewer Separation returnable
by 3:00 p.m., Thursday, December 6, 1990. Motion
declared carried.
SIOUX PARK Moved by Chiropolos, seconded by Christiansen, to
DETENTION adopt recommendation of Engineering Committee to
POND: deny proposal to build a detention pond on Sioux
Park. Motion declared carried.
ZONING CASE
90-62-V/
1400 OXFORD:
Moved by Sarlo, seconded by Haupt, to adopt the
recommendation of Municipal Development Committee
to concur with recommendation of Des Plaines Zoning
Board of Appeals re Case 90-62-V to grant request
for variation to permit construction of a garage
24' x 36' with maximum height of 18'5", and City
Attorney be authorized to draft necessary ordinance.
Motion declared carried.
ZONING CASE
90 -63 -SU/
WISCONSIN CEN.
R.R. R -0-W:
ZONING CASE
90 -64 -SU/
1990 MANNHEIM:
WELLER CREEK
SUBDIVISION:
1.1/5/90
PAGE THREE
350.
Moved by Sarlo, seconded by Haupt, to adopt the
recommendation of Municipal Development Committee
to concur with Des Plaines Plan Commission and Zoning
Board of Appeals re Case 90 -63 -SU to grant request
for Special Use to allow construction of a cellular
telephone transmission tower consisting of a 70'
high monopole with a 17' high antenna, for a total
height of 87', together with an unmanned telephone
equipment shelter, 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 Des Plaines Plan Commission and Zoning
Board of Appeals re Case 90 -64 -SU to grant request
for Special Use to allow remodeling of sales area,
installation of canopy and new pump islands at
existing gas station located at 1990 Mannheim Road,
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
that public improvement surety for Weller Creek
Subdivision (Brandess Home Builders) be reduced as
follows: 90% reduction for watermain and curb and
gutter, a 70% reduction for storm sewer and drainage
improvements, for a total reduction of $88,080.22.
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.
GRANTS TO Moved by Hardiman, seconded by Haupt, to adopt the
FIRE -POLICE recommendation of Public Safety Committee that Mayor
DEPARTMENTS: and City Clerk be authorized to execute agreement
between The Blowitz-Ridgeway Foundation and the City,
and Resolution R-25-90 be adopted at appropriate time
this evening, in order to receive two grants totaling
$70,000 for purchase and equipping of two mobile
education units for public education and public
service to be used by the Police Deparment and Fire
Department (gift is being made in memory of A. C.
"Doc" Wilson). Motion declared carried.
ORDINANCE Moved by Sarlo, seconded by Chiropolos, to adopt
M-39-90 Ordinance M-39-90, AN ORDINANCE AMENDING CHAPTER 15
HAZARDOUS "HAZARDOUS MATERIAL RESPONSES" OF TITLE VII, OF THE
MATERIALS CITY OF DES PLAINES CITY CODE, IN ITS ENTIRETY.
REGULATIONS: 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 Moved by Sarlo, seconded by Wetter, to adopt
Z-16-90 Ordinance Z-16-90, AN ORDINANCE AMENDING ARTICLE 4,
TEXT AMEND : SECTION 4.2.2, "USE REGULATIONS" OF THE CITY OF
DES PLAINES ZONING ORDINANCE. Upon roll call, the
(Quick Oil vote was:
Change) AYES: 8 -Childers, Christiansen, Wetter, Schneck,
Hardiman, Sarlo, Chiropolos, Haupt
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
11/5/90
PAGE FOUR
351.
EXECUTIVE Moved by Childers, seconded by Wetter, to go into
SESSION: executive session to discuss pending litigation.
Upon roll call, the vote was:
AYES: 6 -Childers, Christiansen, Wetter, Hardiman,
Sarlo, Chiropolos
NAYS: 2-Schneck, Haupt
ABSENT: 0 -None
Motion declared carried.
Council recessed at 8:43 p.m.
Council reconvened at 8:58 p.m.
Roll call indicated the following aldermen present:
Childers„ Christiansen, Wetter, Schneck, Hardiman,
Sarlo, Chiropolos, Haupt.
ORDINANCE Moved by Haupt, seconded by Wetter, to waive First
M-40-90 Reading and place on passage Ordinance M-40-90.
LIQ. LIC.: Motion declared carried.
(Butera)
Moved by Haupt, seconded by Wetter, to adopt
Ordinance M-40-90, AN ORDINANCE AMENDING SECTION
5-34-18 OF THE DES PLAINES CITY CODE, TO INCREASE
THE CLASS "B" LIQUOR LICENSES BY ONE (1) FOR BUTERA
FINER FOODS, 727 WEST GOLF ROAD, DES PLAINES, IL AND
TO DECREASE THE CLASS "E" LIQUOR LICENSES BY TWO (2)
FOR AMICI'S RESTAURANT AND HONG KONG CHEF. 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 Moved by Childers, seconded by Christiansen, to
M-41-90 waive First Reading and place on passage Ordinance
FINES RE M-41-90. Motion declared carried.
GARBAGE:
Moved by Childers, seconded by Christiansen, to
adopt Ordinance M-41-90, AN ORDINANCE AMENDING
CHAPTER 4, TITLE VIII, BY ADDING SECTION 8-4-11(D)
("DEPOSIT OF REFUSE/NUISANCE DECLARED"), AND AMENDING
SECTION 8-4-14 ("PENALTY"). 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 Moved by Childers, seconded by Christiansen, to
T-9-90 waive First Reading and place on passage Ordinance
PARKING T-9-90. Motion declared carried.
RESTRICTIONS/
BALLARD AND Moved by Childers, seconded by Christiansen, to
GOOD: adopt Ordinance T-9-90, AN ORDINANCE AMENDING
SCHEDULE I, SECTION 10-5-17 OF THE DES PLAINES CITY
CODE, ADDING THERETO: THE SOUTH SIDE OF BALLARD ROAD
BETWEEN LYMAN AVENUE AND POTTER ROAD, AND THE WEST
SIDE OF GOOD AVENUE, BETWEEN BALLARD ROAD AND
SUFFIELD STREET, AS "NO PARKING AT ANY TIME." 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.
ok
ORDINANCE
Z-17-90
VARIATIONS/
1921 ASH:
ORDINANCE
Z-18-90
VARIATION/
1300 OAKTON:
RESOLUTION
R-22-90
CABLE WEATHER
CHANNEL:
RESOLUTION
R-23-90
PUBLIC HEARING
RE TAX LEVY:
RESOLUTION
R-24-90
IMRF CREDIT/
L. ASARO:
RESOLUTION
R-25-90
GRANTS FOR
POLICE -FIRE:
ZONING CASE
90 -61 -SU -V/
687 N. WOLF:
ADVERTISING
FOR BIDS:
11/5/90
PAGE FIVE
352.
Placed on First Reading was Ordinance Z-17-90, AN
ORDINANCE GRANTING VARIATIONS TO SECTIONS 3.2.4.1.1,
3.2.4.2, 3.2.4.3 AND 3.2.4.4 OF THE CITY OF DES
PLAINES ZONING ORDINANCE, TO PERMIT THE SUBDIVISION
OF AN EXISTING 13,792 SQ. FT. PARCEL INTO TWO PARCELS
MEASURING APPROXIMATELY 65' X 110' AND 60' X 110'
AND FOR A CONTINUATION OF A NON -CONFORMING USE ON
LOT 2 FOR THE PROPERTY COMMONLY KNOWN AS 1921 ASH
STREET IN A R-2 SINGLE FAMILY DISTRICT (90-58-V).
Placed on First Reading was Ordinance Z-18-90, AN
ORDINANCE GRANTING A VARIATION TO SECTION 4-5-29(C)
(1) OF THE CITY OF DES PLAINES SIGN ORDINANCE TO
PERMIT THE ERECTION OF A THIRD WALL SIGN ON THE
PROPERTY COMMONLY KNOWN AS 1300 OAKTON STREET IN A
C-2 COMMERCIAL DISTRICT ("SAVINGS OF AMERICA")
(90-55-V).
Moved by Sarlo, seconded by Childers, to adopt
Resolution R-22-90, pledging the use of one of the
City's governmental channels as a weather channel
and urges all other Northwest Cable Council cities
to adopt similar resolutions. 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 Schneck, seconded by Childers, to adopt
Resolution R-23-90, calling for a public hearing
on November 19, 1990 to determine the amount of the
tax levy for the 1990 tax year. Motion declared
carried.
Moved by Schneck, seconded by Sarlo, to adopt
Resolution R-24-90, A RESOLUTION OF THE CITY COUNCIL
TO APPROVE THE GRANTING OF SERVICE CREDITS FOR OUT -
OF -STATE -SERVICE TO LAWRENCE A. ASARO. Motion
declared carried.
Moved by Hardiman, seconded by Sarlo, to adopt
Resolution R-25-90, to accept the grant monies for
purchase and equipping of two mobile education units
to be used by the Police Department and the Fire
Department, from The Blowitz-Ridgeway Foundation
in memory of A. C. "Doc" Wilson. Motion declared
carried.
Letters from Des Plaines Plan Commission and Zoning
Board of Appeals re Case 90 -61 -SU -V, 687 N. Wolf
Road (Chick'n Ribs Express) were referred to the
Municipal Development Committee.
The City Clerk's office will be advertising for bids
for printing and production of I -Search Calendars,
returnable by 3:00 p.m. on Friday, November 16, 1990.
The City Clerk's office will be advertising for bids
for roof replacement at Fire Station #1, return
date to be determined.
11/5/90
PAGE SIX
353.
ADJOURNMENT: Moved by Christiansen, seconded by Childers, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 9:20 p.m.
1
APPROV
DAY OF
x -PQ
. 062.)„.....E-:,
Donna McAllister, CMC/AAE - CITY CLERK
1
1
. Michael Albrech , MAYOR