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051694.l58. 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, MAY 16, 1994 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, May 16, 1994. ROLL CALL: Roll call indicated the Beauvais, Christiansen, Sarlo, Chiropolos, Haupt. following aldermen Elstner, Kisslinger, present: Curley, Also present were: City Treasurer Fredricks, City Manager Douthwaite, City Comptroller Peters, Police Captain Williams, Fire Chief Farinella, Director of Public Works Shirley, Community Development Director D'Onofrio, City Engineer Oakley, Human Resources and Services Department Director Merriman, and City Attorney Wiltse. PRAYER AND PLEDGE: CONSENT AGENDA: MINUTES: consent Agenda ZONING CASE 94-5-A AND 94-6-SU/ 1507 s. RIVER RD.: ZONING CASE 94-16-V 1184 JEANNETTE: Consent Agenda Ordinance Z-6-94 The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Alderman Chiropolos requested that Item 2 be removed from the Consent Agenda, and Alderman Curley requested that Items 9 and 9a be removed. Moved by Sarlo, seconded by Beauvais, to establish a Consent Agenda except for Items 2, 9 and 9a. Motion declared carried. Moved by Curley, seconded by Sarlo, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. The minutes are approved. The Staff recommendations and requests are approved; Ordinances M-40-94, T-4-94 and z- 5-94 are adopted; Ordinances Z-6-94 and Z-7-94 are placed on First Reading; and Resolution R-28-94 is adopted. Moved by Curley, seconded by Sarlo, to approve minutes of regular meeting of the City Council held May 2, 1994, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole on May 2, 1994 re Zoning Case 94-5-A and 94-6-SU, 1507 S. Des Plaines/River Road, and deny request for Map Amendment to change present zoning from R-2 Single Family Residential to C-2 General Commercial, and further deny request for Special Use to allow expansion of automotive sales facility onto the property. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Kisslinger Curley, Sarlo, Haupt NAYS: 1-Chiropolos ABSENT: 0-None Motion declared carried. Moved by Curley, seconded by Sarlo, to concur with recommendation of Des Plaines Zoning Board of Appeals re Case 94-16-V to grant request for Variation to permit 3 .13' side yard instead of required 5'; legalize existing 0.34' side yard, eave included, instead of required 5 1 side yard; permit lot area coverage of 33% instead of maximum allowable lot area coverage of 30% on property located at 1184 Jeannette Avenue, and further recommend to place on First Reading Ordinance Z-6-94, AN ORDINANCE ORDINANCE Z-6-94 (Cont'd.) ZONING CASE 94-17-V 710 s. KENILWORTH: Consent Agenda Ordinance Z-7-94 PARKING PAD 255 CAMBRIDGE: Consent Agenda PARKING PAD 497 ALLES: Consent Agenda CDBG FUNDED CONTRACTS/ TRANSITIONAL HOUSING: Consent Agenda AUCTION OF CITY PROPERTY: Ordinance M-41-94 1 59. 5/16/94 PAGE TWO GRANTING A VARIATION TO SECTIONS 3.2.4.2 AND 3.2.4.4 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF A ROOM ADDITION WHICH WILL RESULT IN 3. 13 FT. SIDE YARD, INSTEAD OF REQUIRED 5 FEET, AND LOT AREA COVERAGE OF 33% INSTEAD OF THE MAXIMUM 30%, ALSO TO LEGALIZE EXISTING 0. 34 FOOT SIDE YARD WITH EAVE INCLUDED, INSTEAD OF THE REQUIRED 5 FOOT SIDE YARD, FOR 1184 JEANNETTE AVENUE {CASE NO. 94-16-V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Curley, seconded by Sarlo, to concur with recommendation of Des Plaines Zoning Board of Appeals re Case 94-17-V to grant request for Variation to permit lot area coverage of 33% instead of maximum allowable lot area coverage of 30% on property located at 710 s. Kenilworth Court, and further recommend to place on First Reading Ordinance Z-7-94, AN ORDINANCE GRANTING A VARIATION TO SECTION 3.2.4.4 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF A ROOM ADDITION WHICH WILL RESULT IN A LOT AREA COVERAGE OF 33% INSTEAD OF THE MAXIMUM 30%, FOR 710 SOUTH KENILWORTH COURT {CASE NO. 94-17-V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Curley, seconded by Sarlo, to concur with Staff recommendation and grant request for construction of a 10' wide x 48 1 long tapered parking pad adjacent to an 11 1 wide driveway on property located at 255 Cambridge Road. Motion declared carried as approved unanimously under Consent Agenda. Moved by Curley, seconded by Sarlo, to concur with Staff recommendation and grant request for construction of a 9.67 1 wide x 32' long parking pad adjacent to existing 8.3' x 32 1 parking pad, and also the widening of existing driveway approach from current 8. 33' width to 18' in City-owned right-of-way on property located at 497 Alles Street. Motion declared carried as approved unanimously under Consent Agenda. Moved by Curley, seconded by Sarlo, to concur with Staff recommendation to award Community Development Block Grant (CDBG) funded public service contract for Transitional Housing Program in the amount of $7,500 to CEDA Northwest, 120 W. Eastman, Arlington Heights, IL 60004. Motion declared carried as approved unanimously under Consent Agenda. Moved by Curley, seconded by Sarlo, to concur with Staff recommendation to award Community Development Block Grant {CDBG) funded public service contract for Transitional Housing Program in the amount of $7,500 to Women In Need Growing Stronger (W.I.N.G.S.), 9300 N. Greenwood Avenue, Des Plaines, IL 60016. Motion declared carried as approved unanimously under Consent Agenda. Moved by Curley, seconded by Christiansen, to concur with Staff recommendation that City be authorized to sell by public auction at the Des Plaines Annual Police Department Auction, Saturday, May 21, 1994, 9:00 a.m., at the Public Works Facility, certain personal property no longer necessary or useful to, or for the best interests of the City, and further recommend to advance to Second Reading and adopt Ordinance M-41-94, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. APPOINTMENTS/ REAPPOINT.: Consent Agenda ORDINANCE M-40-94 LIQ. LIC. 40 NW HWY.: consent Agenda ORDINANCE T-4-94 TRAF. RESTRI. LINDEN ST.: Consent Agenda ORDINANCE Z-5-94 SPEC. USE 795 GOLF: Consent Agenda RESOLUTION R-28-94 SOUND BARRIERS: Consent Agenda 160. 5/16/94 PAGE THREE Moved by Curley, seconded by Sarlo, to concur with Mayor Sherwood's appointments/reappointments as follows: KEEP DES PLAINES BEAUTIFUL COMMISSION -Appointments Nancy Wilson, term to expire June 1, 1996 Joan Chiropolos, term to expire June 1, 1996 Robert Olsen, term to expire June 1, 1997 Candice Messerschmidt, term to expire June 1, 1995 Larry Golberg, term to expire June 1, 1995 Kathy Shanahan, term to expire June 1, 1996 Phyllis Allen, term to expire June 1, 1997 Richard Wilson, term to expire June 1, 1997 DES PLAINES ECONOMIC DEVELOPMENT COMMISSION John P. Schuster, term to expire April 30, 1998/Appoint. Jim Ulett, term to expire April 30, 1998/Reappointment Mary L. Howard, term to expire April 30, 1998/Reappoint. DES PLAINES CABLE COMMISSION Jim Brink, term to expire April 30, 1997/Appointment Julie Koelig, term to expire Apirl 3 O, 1997 /Reappointment Lynn Brayton, term to expire April 30, 1997 /Reappointment DES PLAINES ELECTRICAL COMMISSION Michael Hardiman, term to expire April 1, 1995/Reappoint. Richard Rassman, term to expire April 1, 1995/Reappoint. DES PLAINES PLAN COMMISSION David Hene, term to expire April 30, 2000/Appointment DES PLAINES CIVIL SERVICE COMMISSION Donald Essig, term to expire April 30, 1997 /Reappointment DES PLAINES CONSUMER PROTECTION COMMISSION John Reddington, term to expire April 30, 1998/Appoint. Motion declared carried as approved unanimously under Consent Agenda. Moved by Curley, seconded by Sarlo, that the City Council consider the Mayoral appointment of Corrine Zobott to the DES PLAINES PLAN COMMISSION with final action being taken under Consent Agenda on June 6, 1994. Motion declared carried as approved unanimously under Consent Agenda. Moved by Curley, seconded by Sarlo, to adopt Ordinance M-40-94, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO DECREASE THE NUMBER OF LICENSES ISSUED (Class B License Decrease - Cardinal Liquors, 40 Northwest Highway) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Curley, seconded by Sarlo, to adopt Ordinance T-4-94, AN ORDINANCE AMENDING SECTION 10-7-4 "YIELD RIGHT OF WAY" OF THE CITY CODE OF DES PLAINES, TO ADD "LINDEN STREET AS A YIELD STREET FOR RIVERVIEW AVENUE." Motion declared carried as approved unanimously under Consent Agenda. Moved by Curley, seconded by Sarlo, to adopt Ordinance Z-5-94, AN ORDINANCE GRANTING AN AMENDMENT TO SPECIAL USE PERMIT #77-57-SU, PURSUANT TO ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE CONVERSION OF AN EXISTING GASOLINE STATION WITH MINI-MART TO A COMBINATION SUBWAY SANDWICH CARRYOUT FACILITY AND GASOLINE STATION, IN THE C-3 REGIONAL SHOPPING DISTRICT ON THE PROPERTY COMMONLY KNOWN AS 795 GOLF ROAD (CASE NO. 94-10-SU). Motion declared carried as approved unanimously under Consent Agenda. Moved by Curley, seconded by Sarlo, to adopt Resolution R-28-94, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES URGING THE STATE OF ILLINOIS AND THE STATE TOLL HIGHWAY AUTHORITY OF THE STATE OF ILLINOIS TO CONSTRUCT SOUND BARRIERS ALONG THOSE PORTIONS OF THE TRI STATE TOLLWAY (I-294) AND NORTHWEST TOLLWAY (I-90) THAT ARE ADJACENT TO RESIDENTIAL AREAS OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. WARRANT REGISTER: DRIVEWAY VARIATION/ 1666 WALNUT: PARKING PAD VARIATION/ 1663 LINCOLN: PARKING PAD VARIATION/ 676 w. OAKTON: APPEAL OF DECISION/ STORM SEWER 1546 PARK PLACE: ZONING CASE 94-13-SU 1490 OAKTON: 1 6 1 • 5/16/94 PAGE FOUR Mayor Sherwood declared that the City council was now resolved into a committee of the Whole. FINANCE & ADMINISTRATION Alderman Haupt, Chair Moved by Haupt, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council apJ::>roval of May 16, 1994 Warrant Register in the amount of $2,211,462.91, and Resolution R-29-94 be adopted at appropriate time this evening. Motion declared carried. BUILDING CODE Alderman Christiansen, Chair Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation and recommend to the City Council that request for construction of a circular driveway on property located at 1666 Walnut Avenue be denied. Motion declared carried. General contractor for the petitioner and homeowners from 1655, 1668 and 1670 Lincoln Avenue addressed the City Council regarding this matter. Moved by Sarlo, seconded by Elstner, to recommend to the City Council to legalize 9' wide x 20' long concrete parking pad in rear yard of property located at 1663 Lincoln Avenue, which was constructed without a permit, contingent upon payment of fine of $500 and repair of surrounding properties, specifically 1655, 1668 and 1670 Lincoln Avenue, to homeowners' satisfaction. Motion declared carried. Petitioner Hector Alvarado addressed the City Council regarding this matter. Moved by Haupt, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council that request for construction of 15' wide x 70' long asphalt parking pad in rear and side yard of property located at 676 W. Oakton Street be denied. Motion declared carried. Petitioner John Smolinski and his consulting engineer addressed the City Council regarding this matter. Mr. Wayne Serb in, 8 3 5 Pearson Street, addressed the City Council and spoke in support of this appeal. Moved by Chiropolos, seconded by Elstner, to recommend to the City Council to deny appeal of decision to require the construction of a 12" storm sewer and installation of a 4' diameter catch basin as part of the construction of the residential half-way house and meeting facility at 1546 Park Place, but further recommend that petitioner be given a credit of not-to-exceed $12,000 for exploratory excavation work previously done in the Jefferson Street right-of-way for this required construction inasmuch as this is what petitioner expended in his attempt to tie into combined sewer in Jefferson Street right-of-way which could not be located. Motion declared carried. COMMUNITY DEVELOPMENT Alderman Sarlo, Chair Petitioner Nicholas Gianaris addressed the City Council on this matter. Moved by Christiansen, seconded by Chiropolos, to concur with recommendation of Des Plaines Plan Commission and 1490 OAKTON (Cont'd.) TAB'S FIRST ADD. SUBDIV. AND ZIMNY SUBDIVISION: CASINO GAMING: 1 62. 5/16/94 PAGE FIVE Zoning Board of Appeals, and recommend to the City Council to grant request for Special Use Permit Amendment to allow modification of underground piping and storefront, and installation of new dispensers and a canopy on property located at 1490 E. Oakton Street in C-2 General Commercial District, subject to parking areas being clearly designated and parking spaces being striped. Motion declared carried (final approval by the City Council will come under Consent Agenda on June 6, 1994) . Moved by Chiropolos, seconded by Curley, to concur with recommendation of Des Plaines Plan Commission and recommend to the City Council approval of plat of Tab's First Addition Subdivision, 1144 Prospect Lane, and Mayor and City Clerk be authorized to execute same; approval of Zimny Subdivision, 1128 Prospect Lane, and Mayor and City Clerk be authorized to execute same; and further recommend the City reimburse property owners in the amount not-to-exceed $29,942/1993 Bond Funds, for the Master Plan-required 30 11 diameter storm sewer for this area, from the previously permitted 12 11 diameter storm sewer. Motion declared carried. Mayor Sherwood assumed the chair, and declared the City council back in session. Moved by Beauvais, seconded by Sarlo, to approve proposed Resolution R-30-94 with the deletion of Item 4 -"That the City Manager and City Attorney are directed to proceed to prepare the necesary documentation to place this matter on the ballot for public referendum." Moved by Kisslinger, seconded by Curley, to suspend the rules to permit public comment on this matter. Motion declared carried. Seven residents spoke against casino gaming and urged the placement of a referendum on the General Election Ballot in November, 1994. One resident spoke in favor of casino gaming. Upon roll call on the motion to adopt the proposed amended Resolution R-30-94, A RESOLUTION ENDORSING THE CITY OF DES PLAINES TO PROCEED WITH THE NECESSARY STEPS TO OBTAIN A GAMING LICENSE FOR A SITE TO BE ESTABLISHED IN THE CITY OF DES PLAINES, the vote was: AYES: 6-Beauvais, Christiansen, Elstner, Kisslinger, Sarlo, Chiropolos NAYS: 2-Curley, Haupt ABSENT: 0-None Motion declared carried. Moved by Kisslinger, seconded by Curley, that if State officials notify the City that they will receive a gaming license, the City Manager and City Attorney are directed to proceed to prepare the necessary documentation to place the matter of casino gaming in Des Plaines on the ballot for public referendum at the 1994 General Election in November. Upon roll call, the vote was: AYES: 3-Kisslinger, Curley, Haupt NAYS: 5-Beauvais, Christiansen, Elstner, Sarlo, Chiropolos ABSENT: 0-None Motion declared failed. RESOLUTION R-29-94 WARRANT REGISTER: DRIVEWAY VARIATION/ 1666 WALNUT: PARKING PAD VARIATION/ 1663 LINCOLN: PARKING PAD VARIATION/ 676 w. OAKTON: APPEAL OF DECISION/ STORM SEWER 1546 PARK PLACE: TAB'S FIRST ADD. SUBDIVI. AND ZIMNY SUBDIVISION: 1 6 3 • 5/16/94 PAGE SIX Moved by Haupt, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-29-94, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,211,462.91. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole that request for construction of a circular driveway on property located at 1666 Walnut Avenue be denied. Motion declared carried. Moved by Christiansen, seconded by Chiropolos, to concur with recommendation of Committee of the Whole to legalize 9 1 wide x 20' long concrete parking pad in rear yard of property located at 1663 Lincoln Avenue, which was constructed without a permit, contingent upon payment of fine of $500 and repair of surrounding properties, specifically 1655, 1668 and 1670 Lincoln Avenue, to homeowners' satisfaction. Motion declared carried. Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole that request for construction of 15' wide x 70 1 long asphalt parking pad in rear and side yard of property located at 676 W. Oakton Street be denied. Motion declared carried. Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole to deny appeal of decision to require the construction of a 12" storm sewer and installation of a 4 1 diameter catch basin as part of the construction of the residential half-way house and meeting facility at 1546 Park Place, but further recommend that petitioner be given a credit of not-to-exceed $12,000 for exploratory excavation of work previously done in the Jefferson Street right-of-way for this required construction inasmuch as this is what petitioner expended in his attempt to tie into combined sewer in Jefferson street right-of-way which could not be located. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Elstner, to suspend the rules to permit public comment on this matter. Motion declared carried. Ms. Nikkie Skarbeck, 948 Greenview Avenue, addressed the City Council questioning why this work could not be done with City equipment and employees which would only cost approximately $3,000. Moved by Sarlo, seconded by Chiropolos, to concur with recommendation of Committee of the Whole to approve plat of Tab's First Addition Subdivision, 1144 Prospect Lane, and Mayor and City Clerk be authorized to execute same; approval of Zimny Subdivision, 1128 Prospect Lane, and Mayor and City Clerk be authorized to execute same; and further recommend the City reimburse property owners in the amount of not-to-exceed $29,942/1993 Bond Funds, for the Master Plan-required 3011 diameter storm sewer for this area, from the previously permitted 12" diameter storm sewer. SUBDIVISIONS (Cont'd.) ADVERTISING FOR BIDS: FIREWORKS: EXECUTIVE SESSION: PENDING LITIGATION: 164. 5/16/94 PAGE SEVEN Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. The City Clerk's Office will be advertising for bids for four ( 4) Automated Parking Collection Stations, returnable by 3:00 p.m., Monday, June 6, 1994. The City Clerk's Office will be advertising for bids for Engineering Department CAD (Computer Aided Design) System, returnable by 3:00 p.m., Friday, May 27, 1994. Moved by Haupt, seconded by Christiansen, to suspend the rules to permit public commend on this matter. Des Plaines Area Jaycees representative Thomas Kime, who is co-chairman of the 4th of July Annual Parade and Fireworks Committee, addressed the City Council regarding funding for the fireworks at Maryville Academy. Moved by Haupt, seconded by Sarlo, to lower minimum funding of $15, 000 for 1994 Fireworks Display as mandated by Resolution R-48-93 (adopted by the City Council on August 16, 1993) to $8,000 which would be the combined donations from check-off box on City's water bills and fundraising efforts by Des Plaines Area Jaycees. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to go into Executive Session to discuss pending litigation and hiring of personnel. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Council recessed at 10:20 p.m. Council reconvened at 11:20 p.m. Roll call indicated the Beauvais, Christiansen, Sarlo, Chiropolos, Haupt. following aldermen Elstner, Kisslinger, present: Curley, Moved by Kisslinger, seconded by Haupt, that City continue to retain the law firm of Kline, Thorpe & Jenkins, 180 N. LaSalle Street, Chicago, IL 60601, at $130 per hour for approximately 10 to 15 additional hours re Provenzano v. City law suit. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Kisslinger, seconded by Haupt, that legal counsel proceed with settlement of Provenzano v. City law suit as directed in Executive Session. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Kisslinger, Curley, Sarlo, Chiropolos, Haupt NAYS: 0-None ABSENT: 0-None Motion declared carried. 1 65. 5/16/94 PAGE EIGHT ADJOURNMENT: Moved by Christiansen, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:21 p.m. C{--~Q& - Donna McAllister, CMC/AAE -CITY CLERK APPROVED BY ME THIS 7 DAY OF ~ , 1994 ~;;Le..--- Ted Sherwood, MAYOR