09/05/1989171
•
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 5, 1989
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 8:14 P.M. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic
Center on Tuesday, September 5, 1989.
ROLL CALL:
Roll Call indicated the following Aldermen present:
Childers, Christiansen, Wetter, Schneck, Hardiman,
Sarlo, Chiropolos, Haupt.
Also present were: City Manager Asaro, Assistant Comptroller Placko,
Commissioner of Public Works Matula, Fire Chief Clark, Deputy Police
Chief Storm, Municipal Development Department Staff Liaison Chase,
City Engineer Oakley, Human Resources and Services Director Donahue,
and Corporate Attorney Delort.
PRAYER AND
PLEDGE:
MINUTES:
The opening prayer was given by Pastor Donald Childs,
Des Plaines Free Church, followed by the Pledge of
Allegiance to the Flag.
Moved by Sarlo, seconded by Wetter, to approve Minutes
of the regular meeting of the City Council held on
August 21, 1989, as published. Motion declared
carried.
BILLS PAYABLE: Moved by Schneck, seconded by Childers, to adopt the
following resolution: 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: $507,714.90. Upon roll call, the vote
was:
AYES: 5 -Childers, Christiansen, Wetter, Schneck,
Mayor Albrecht
NAYS: 4-Hardiman, Sarlo, Chiropolos, Haupt
ABSENT: 0 -None
Motion declared carried.
OMITTED Moved by Schneck, seconded by Childers, to adopt
SERVICE recommendation of Finance Committee that omitted
RESOLUTION service credit be issued to Barbara A. Canna for
(IMRF): participation in the Illinois Municipal Retirement
Fund (IMRF), at no cost to the City, however, she must
pay her portion of the pension contribution (with
interest) for the 19 months of omitted service before
she can receive credit; and City Attorney be author-
ized to prepared necessary resolution (R-15-89 to
come before the Council later this evening). Motion
declared carried.
CREATION OF
CBD & REDEV.
PLAN:
Moved by Schneck, seconded by Childers, to adopt
recommendation of Finance Committee that a study be
conducted with regard to the creation of a Commercial
Business District and Redevelopment Plan for the
Mappa Project at the intersection of Dempster and
Rand Roads; Philip I. Mappa to pay_for all study costs
and Resolution R-16-89 be adopted at appropriate time
this evening.
Moved by Sarlo, seconded by Haupt, that this matter
be deferred.
Mayor Albrecht called for a recess so that the
legality of this motion could be researched. Past
CBD & REDEV.
PLAN
(Cont'd.)
OTIS PROJECT/
DOWNTOWN
REDEVELOPMENT:
REPLACEMENT OF
CHAIRS IN ROOMS
102 and 103:
EMERGENCY
REPAIR OF
STREETLIGHT:
BIRCHWOOD/
MAPLE/HOWARD
STORM SEWER
RECONSTRUCTION:
172.
9/5/89
PAGE TWO
practice by the Council on deferred matters has been
no debate and no roll call.
Council recessed at 8:35 P.M.
Council reconvened at 8:44 P.M.
Roll.:Call indicated the following Aldermen present:
Childers,_Christiansen, Wetter, Schneck, Hardiman,
Sarlo, Chiropolos, Haupt.
Mayor Albrecht ruled that there would be a roll call
on the motion to defer. Upon roll call, the vote was:
AYES: 6 -Christiansen, Wetter, Hardiman, Sarlo,
Chiropolos, Haupt
NAYS: 2 -Childers, Schneck
ABSENT: 0 -None
Motion declared carried.
Moved by Schneck, seconded by Childers, to adopt the
recommendation of the Finance Committee that the
Des Plaines Zoning Board of Appeals be directed to
proceed immediately with their review of the Otis
Project excluding the height request which will be
considered by the newly -formed Zoning Commission, and
to report their findings to the Council as soon as
possible. Motion declared carried. Aldermen Sarlo
and Chiropolos voted no.
Moved by Childers, seconded by Christiansen, to adopt
recommendation of Public Works Committee that Staff
be authorized to obtain proposals for replacement of
chairs in Rooms 102 and 103, returnable by 3 P.M. on
Tuesday, October 10, 1989. Motion declared carried.
Moved by Childers, seconded by Christiansen, to adopt
recommendation of Public Works Committee to ratify
Purchase Order #57418 in the amount of $5,861.38 to
H & H Electric Company, 2330 Commerce Street, Franklin
Park, IL 60131, for emergency repair of street light
at Graceland Avenue and Ellinwood Street. 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 Chiropolos, seconded by Christiansen, to
adopt recommendation of Engineering Committee that
contract for Birchwood Avenue/Maple Street/Howard
Street Storm Sewer Reconstruction Project be awarded
to low bidder, Vincent B. DiVito, Inc., 23W050 Poss
Street, Glen Ellyn, IL 60137, in the amount of
$490,750 with Federal Pacific Electric Company paying
75% and City paying 25% for a cost of $125,087.50,
Sewer Bond Account. 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.
11(
173.
9/5/89
PAGE THREE
FLOOD PLAIN Moved by Chiropolos, seconded by Christiansen, to
MANAGEMENT adopt recommendation of Engineering Committee to
ORDINANCE: accept model flood plan management ordinance
developed by the Northeastern Illinois Plan Commission
(NIPC) in conjunction with IDOT's Water Resources
Division and the Federal Emergency Management Agency
(FEMA); that ordinance be placed on First Reading
at the next Council meeting to be held on September 18
1989; and that present ordinance under Title IX,
Chapter 14, be voided. Motion declared carried.
EMILY ANNE Moved by Sarlo, seconded by Childers, to adopt
O'TOOLE SUBDIV./ recommendation of Municipal Development Committee to
481 MT. PROS.: concur with recommendation of Des Plaines Plan
Commission to approve plat of. -Emily Anne O'Toole
Subdivision, 481 S. Mt.Prospect Road, and Mayor and
City Clerk be authorized to execute same. Motion
declared carried.
7y0NING CASE
89 -19 -SU -V
2461 BALLARD:
ZONING CASE
89 -13 -SU
1195 OAKTON:
ZONING CASE
89 -14 -SU
1175 OAKTON:
LIQUOR LIC./
1992 RIVER:
Alderman Sarlo advised the Council that owners of the
Countryside Saloon, 2461 Ballard Road, have withdrawn
their petition for a special use and variation under
Zoning Case 89 -19 -SU -V.
Moved by Haupt, seconded by Schneck, to concur with
recommendation of Des Plaines Plan Commission and
Zoning Board of Appeals re Case 89 -13 -SU to grant
request for Special Use to construct a new restaurant
(Kentucky Fried Chicken) at the corner of Lee and
Oakton Streets, contingent upon developer dedicating
realignment of driveways, two ingress and egress
easements, a 12' right-of-way on Oakton and Lee
Streets, as well as dedicate a right turn lane onto
Lee Street, dedicate and construct a right turn lane
from Lee Street into the K -Mart lot; and City Attorney
be authorized to draft necessary ordinance. Motion
declared carried. Aldermen Sarlo and Hardiman voted
no. Alderman Childers abstained (conflict of interest
Moved by Childers, seconded by Haupt, to concur with
recommendation of the Des Plaines Plan Commission and
Zoning Board of Appeals re Case 89 -14 -SU to grant
request for Special Use to construct a new restaurant
(Taco Bell) at the corner of Lee and Oakton Streets,
contingent upon developer dedicating realignment of
driveways, two ingress and egress easements, a 12'
right-of-way on Oakton and Lee Streets, as well as
dedicate a right turn lane onto Lee Street, dedicate
and construct a right turn lane from Lee Street into
the K -Mart lot; and City Attorney be authorized to
draft necessary ordinance.
Alderman Sarlo spoke in opposition of this project
and urged the Council to deny this request.
Motion was declared carried. Aldermen Sarlo and
Hardiman voted no.
Moved by Haupt,: seconded by Wetter, to adopt recommen-
dation of License & Judicial Committee to grant
request for Class E Liquor License for property
located at 1992 River Road, Amici Restaurant, and City
Attorney be authorized to draft necessary ordinance.
Motion declared carried.
174.
9/5/89
PAGE FOUR
LIQUOR LIC./ Moved by Haupt, seconded by Wetter, to adopt recommen-
636-638 dation of License & Judicial Committee to grant
ALGONQUIN RD.: request for Class E Liquor License for property
located at 636-638 W. Algonquin Road, d/b/a New
Seoul Restaurant (change of ownership and change from
Class H to Class E), andiCity Attorney. be authorized
to draft necessary ordinance. Motion declared
carried.
LIQUOR SERVICE/ Moved by Haupt, seconded by Wetter, to adopt recommen-
395 ALGONQUIN: dation of License & Judicial Committee to grant
request from Mt. Prospect Park District to permit
liquor service at Friendship Park Conservatory, 395 W.
Algonquin Road, and that Ordinance M-44-89 be placed
on First Reading at appropriate time this evening,
which creates a new section of the City Code that
permits liquor service by a local governmental body
with appropriate fees. Motion declarelcarried.
AMUSEMENT
MACHINES:
(M-42-89)
Moved by Haupt, seconded by Schneck, to adopt
recommendation of License & Judicial Committee that
City Attorney be authorized to draft necessary
ordinance to update present ordinance on Electronic
Games/Amusement Devices to set a limit on the number
of games/machines on any premise at any one time and
to increase the number of licenses to 175; and upon
passage of new ordinance, applications for an
Amusement Machine License from JTB Promotions, Inc.,
1705 Cordova Road, Suite 1, Germantown, TN 38138, and
Able Vending, 920 Belle Plaine, Chicago, IL 60613,
be approved. Motion declared carried.
AMENDMENT TO Moved by Haupt, seconded by Chiropolos, to adopt
SMOKING recommendation of License & Judicial Committee that
ORDINANCE: present smoking ordinance be amended to add that
restaurants be required to post a sign at or near
the entrance to the restaurant stating that a non-
smoking seating area is available upon request, or
verbally inquire of all patrons who are to be seated
whether they wish to be seated in the smoking or
non-smoking section; and Ordinance M-43-89 be placed
on First Reading at appropriate time this evening.
Motion declared carried.
NOISE POLLUTION/ Moved by Haupt, seconded by Wetter, to adopt recommen-
BEER GARDENS: dation of License & Judicial Committee regarding
noise pollution near beer gardens as follows:
1. That the Mayor and Ward aldermen meet with the
businesses involved and stress the need for voluntary
cooperation in solving the problems expressed by the
residents living near the Beacon Tap, 1374 Lee Street,
and Countryside Saloon, 2461 Ballard Road.
2. If necessary, ordinance will be prepared.
3. The Engineering Department investigate "Residen-
tial Parking Only" for these areas.
Motion declared carried.
EXECUTIVE Moved by Schneck, seconded by Wetter, to go into
SESSION: Executive Session to discuss pending litigation and
contractual obligations. Motion declared carried.
Council recessed at 8:35 P.M.
Council reconvened at 10:06 P.M.
Roll Call indicated the following Aldermen present:
Childers, Christiansen, Wetter, Schneck, Hardiman,
Sarlo, Chiropolos, Haupt.
175.
9/5/89
PAGE FIVE
PENDING & Moved by Haupt, seconded by Schneck, that Corporate
EMINENT Attorney proceed with pending and eminent litigation
LITIGATION: as directed in Executive Session. Motion declared
carried.
ORDINANCE Moved by Childers, seconded by Schneck, to adopt
M-38-89 Ordinance M-38-89, AN ORDINANCE AMENDING SECTIONS
WATER DEPT. 3-4-1, 3-4-2, 3-4-3, 3-4-4, 3-4-5, 3-4-6, 3-4-7,
REVISIONS: 3-4-8(N), 3-4-8(P), 3-4-8(Q), 3-4-8(T), 3-4-9, 3-4-10,
3-4-17, AND 3-4-21 OF CHAPTER 4, TITLE III, OF THE
DES PLAINES CITY CODE TO UPDATE THE WORDAGE CONTAINED
IN SAID SECTIONS, AND TO FURTHER ADD THERETO TWO NEW
SECTIONS, 3-4-23 AND 3-4-24, PERTAINING TO WATER
ACCOUNT DELINQUENCY AND WATER USE RESTRICTIONS. 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-39-89, AN
M-39-89 ORDINANCE AMENDING SECTIONS 1-15-1(D) AND (E); 1-15-2
POSITION CLASS. (A) AND (B) ; 1-15-3(A), (B) AND (D) ; 1-15-5(A);
& COMP. PLAN: 1-15-5(C), (D) 1 . AND (D) 2. ; 1-15-6 (B) ; 1-15-7(A) AND
1-15-7 (C) ; 1-15-8 (A) AND (B) , (C) , (D) , AND (E) ;
1-15-9 (B) , (C) , (D) , (E) , (F) AND (G) ; 1-15-10(A)2.,
(A) 8. (b) , (B)1., (B)5., (C)2. AND (C)3. OF TITLE I,
CHAPTER 15, OF THE DES PLAINES CITY CODE, TO UPDATE
THE WORDAGE CONTAINED IN SAID SECTIONS AND TO FURTHER
DELETE THEREFROM SECTIONS 1-15-4(B)2. AND 1-15-11 IN
THEIR ENTIRETY.
ORDINANCE Moved by Sarlo, seconded by Chiropolos,, to waive First
M-40-89 Reading and place on passage Ordinance M-40-89.
ZONING Motion declared carried.
COMMISSION
AMENDMENT: Moved by Sarlo, secoided by Chiropolos, to adopt
Ordinance M-40-89, AN ORDINANCE AMENDING ORDINANCE
M-30-89, TO REVISE THE ZONING COMMISSION MEMBERSHIP TO
INCLUDE ONE EX -OFFICIO MEMBER FROM THE PLAN COMMISSION
AND ONE EX -OFFICIO MEMBER FROM THE ZONING BOARD OF
APPEALS. 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 Christiansen, seconded by Childers, that
M-41-89 Ordinance M-41-89 be amended to include an effective
AUTOMATIC date of January 1, 1990. Motion declared carried.
SPRINKLER
SYSTEMS: Place on First Reading was Ordinance M-41-89, as
amended, AN ORDINANCE AMENDING TITLE VII OF THE DES
PLAINES CITY CODE AND ADDING THERETO A NEW CHPATER 16,
PERTAINING TO AUTOMATIC SPRINKLER SYSTEMS.
ORDINANCE Place on First Reading was Ordinance M-42-89, AN
M-42-89 ORDINANCE AMENDING SECTIONS 5-2-1.3(G) AND 5-2-1.3(J)
AMUSEMENT OF THE DES PLAINES CITY CODE, PERTAINING TO ELECTRONIC
GAMES: GAMES/AUTOMATIC AMUSEMENT DEVICES, TO INCREASE THE
TOTAL NUMBER OF LICENSES ISSUED TO 175, AND TO LIMIT
THE NUMBER OF GAMES/MACHINES ON ANY PREMISES AT ONE
TIME TO SIX (6) GAMES/MACHINES.
176.
9/5/89
PAGE SIX
ORDINANCE Moved by Chiropolos, seconded by Haupt, to waive First
M-43-89 Reading and place on passage Ordinance M-43-89.
AMENDMENT TO Motion declared carried.
SMOKING ORD.:
Moved by Chiropolos, seconded by Haupt, to adopt
Ordinance M-43-89, AN ORDINANCE AMENDING SECTION
8-17-2(A) OF THE DES PLAINES CITY CODE, PERTAINING TO
SMOKING IN PUBLIC PLACES, ADDING THERETO ADDITIONAL
WORDAGE TO EITHER POST ENTRANCE SIGN STATING NON-
SMOKING SEATING AVAILABLE OR VERBALLY INQUIRE OF
PATRONS WHETHER THEY WISH TO BE SEATED IN SMOKING OR
NON-SMOKING SECTION. 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-44-89, AN
M-44-89 ORDINANCE AMENDING SECTIONS 5-34-3 AND 5-34-17 OF THE
LIQ. LIC./ DES PLAINES CITY CODE TO ADD THERETO PROVISIONS FOR A
GOVERN. AGY.: NEW CLASS K GOVERNMENTAL FACILITIES LIQUOR LICENSE,
AND TO RENUMBER SECTIONS 5-34-15 thru 5-34-38 OF
CHAPTER 34, TITLE V OF THE CITY CODE, ACCORDINGLY.
RESOLUTION Moved by Childers, seconded by Schneck, to adopt
R-15-89 Resolution R-15-89, having to do with Omitted Service
OMITTED Credit for Barbara A. Canna. Upon roll call, the vote
SERVICE was:
CREDIT: AYES: 8 -Childers, Christiansen, Wetter, Schneck,
Hardiman, Sarlo, Chiropolos, Haupt
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
ZONING CASE
89-26-R
1200 S. WOLF:
Letter from Des Plaines Zoning Board of Appeals re
Case 89-26-R, 1200 S. Wolf Road, was referred to the
Municipal Development Committee.
WELLER CREEK Letter from Des Plaines Plan Commission re Weller
SUBDIVISION/ Creek Subdivision, 100 S. Mt. Prospect Road, was
100 S. Mt.Pros.: referred to the Municipal Development Committee.
APPOINTMENTS/ Moved by Sarlo, seconded by Chiropolos, to concur with
REAPPOINTMENTS: Mayor Albrecht's reappointment of William Muehlenbeck,
Jr. to the Architectural Commission, term to expire
on August 5, 1990. Motion declared carried.
Moved by Chiropolos, seconded by Sarlo, to concur with
Mayor Albrecht's reappointment of Michael E. Nichols
to the Architectural Commission, term to expire on
August 5, 1993. Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, to concur with
Mayor Albrecht's reappointment of Donald J. Stolpa
to the Architectural Commission, term to expire on
August 5, 1993. Motion declared carried.
Moved by Wetter, seconded by Schneck, to concur with
Mayor Albrecht's appointment of Eugene F. Fregetto
to the Civil Service Commission (replacing Walton
Newton), term to expire on April 30, 1992. Motion
declared carried.
COIN OPERATED Letter from Communidyne, 636 Anthony Trail, Northbrook
MACHINE/ IL 60062, requesting permission to use coin operated
BREATH ALCHOL macfi.nefor breath alcohol analyzer, was referred to
ANALYZER: the License & Judicial Committee.
1
1
177.
9/5/89
PAGE SEVEN
POW/MIA Letter from Veterans of the Vietnam War, Inc.,
VIGIL, P.O. Box 584, Glenview, IL 60025, requesting
ELLINWOOD'ST.: permission to hold a POW/MIA vigil from Noon on
September 23 to Noon on September 24, 1989 on
Ellinwood Street at the Behrel Parking Deck, was
referred to the Public Works Committee.
NEWSPAPER At the request of Alderman Christiansen, Mayor
VENDING Albrecht referred the matter of a newspaper vending
MACHINE ORD.: machine ordinance to the License & Judicial Committee.
ADJOURNMENT: Moved by Childers, seconded by Sarlo, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 10:50 P.M.
APPROV BY ME THIS
DAY OF�� . I�III, ! , 1989
k\wLJ
D. Mi hael klbrec t, MAYOR
onna McAllister, CMC/AAE - CITY CLERK