09/18/1989178
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, SEPTEMBER 18,
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 8:20 P.M. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic
Center on Monday, September 18, 1989.
ROLL CALL:
Roll Call indicated the following Aldermen present:
Childers, Christiansen, Wetter, Schneck, Hardiman,
Sarlo, Chiropolos, Haupt.
Also present were: City Treasurer Fredricks, City Manager Asaro,
Commissioner of Public Works Matula, Fire Chief Clark, Deputy Police
Chief Storm, Municipal Development Director Pagones, City Engineer
Oakley, Human Resources and Services Department Staff Liaison Boho,
and Corporate Attorney Odelson.
PRAYER AND
PLEDGE:
MINUTES:
The opening prayer was given by Father Edward S.
Maraczewski, Holy Family Hospital, followed by the
Pledge of Allegiance to the Flag.
Moved by Haupt, seconded by Wetter, to approve Minutes
of the regular meeting of the City Council held on
September 5, 1989, as published. Motion declared
carried.
EXECUTIVE Moved by Hardiman, seconded by Chiropolos, to go into
SESSION: Executive Session to discuss litigation and personnel
matters. Motion declared carried.
Council recessed at 8:22 P.M.
Council reconvened at 8:57 P.M.
Roll Call indicated the following Aldermen present:
Childers, Christiansen, Wetter, Schneck, Hardiman,
Sarlo, Chiropolos, Haupt.
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: $1,021,910.35. 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.
CREATION OF
CBD & REDEV.
PLAN:
(Deferred
Item)
Alderman Schneck brought to the floor motion deferred
at the Council meeting held on September 5, 1989,
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
Street and Rand Road; Philip I. Mappa to pay for all
study costs and Resolution R-16-89 be adopted at
appropriate time this evening.
Moved by Childers, seconded by Christiansen, to allow
five minutes for citizen input on this matter. Motion
declared carried.
179
9/18/89
PAGE TWO
CBD & REDEV. Mr. Cal Elliott, Des Plaines Civic Association,
PLAN advised the Council that his questions have been
(Cont'd.) answered. John Nitz, Lyman Avenue, questioned
whether this resolution was necessary. It was
explained that this is a procedure necessary for
future flood funding for that area.
Motion declared carried on the deferred motion.
EXTENION OF Moved by Schneck, seconded by Sarlo, that due to the
TIME/PRIME possible expiration of the commitment from the
FUNDING: Illinois Development Finance Authority in October,
1989, and that the City Council has not taken action
on The Prime Group Project as the Council is awaiting
the advise of the new Zoning Commission who is to
review hd ght restrictions in the downtown (C-4
District) area and that a redevelopment agreement has
not been reached, therefore, we recommend that the
IDFA consider giving this project an extension of
time to allow these decisions to be made, and the
Mayor be authorized to send the appropriate letter
to the Illinois Development Finance Authority.
Motion declared carried.
1989-90 Moved by Schneck, seconded by Childers, to adopt
COMMUNITY recommendation of the Committee of the Whole to
DEVELOPMENT approve the 1989-90 Community Development Block Grant
BLOCK GRANT Budget in the amount of $300,549, and authorize the
BUDGET: Mayor to submit the grant application to HUD. 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
89-24-V
2733-49 S.
MANNHEIM:
ZONING CASE
89-26-R
1200 S. WOLF:
Moved by Sarlo, seconded by Childers, to adopt the
recommendation of the Municipal Development Committee
to concur with recommendation of the Des Plaines
Zoning Board of Appeals re Case 89-24-V to grant
request for temporary variation to allow construction
of a new restaurant and banquet facility of approxi-
mately 24,069 sq. ft. with 88 fewer parking spaces
for a six month period commencing on May 1, 1991;
for property located at 2733-49 S. Mannheim Road
(Cafe LaCave - Rose Sutter) ; and owner has submitted
Letter of Intent that in six months to one year,
commencing with this date of September 18, 1989, all
trailers will be eliminated at the Glen Acres Trailer
Park. Motion declared carried.
Moved by Sarlo, seconded by Haupt, to adopt the
recommendation of the Municipal Development Committee
to concur with the recommendation of the Des Plaines
Zoning Board of Appeals re Case 89-26-R to grant
request for rezoning from M-3 Research to M-2
Manufacturing on property located at 1200 S. Wolf Road,
contingent upon the petitioner closing off the
entrance/exit at Forest Avenue; the petitioner pro-
viding a curb cut and entrance to the property off of
Algonquin Road; and if the property is sold and/or
subdivided to another owner that the zoning reverts
back to M-3 Research.
Moved by Hardiman, seconded Wetter, to defer this
matter until the next Council meeting on October 2,
1989.
9/18/89
PAGE THREE
180
WELLER CREEK Moved by Sarlo, seconded by Childers, to adopt the
SUBDIVISION/ recommendation of the Municipal Development Committee
100 S. MT. PROS.:to concur with recommendation of Des Plaines Plan
Commission to approve plat of Weller Creek Subdivision,
100 S. Mt. Prospect Road, contingent upon their meetinc
the requirements of IDOT's Division of Water Resources,
and Mayor and City Clerk be authorized to execute
plat of subdivision. Motion declared carried.
SETTLEMENT Moved by Haupt, seconded by Wetter, that Corporate
OF LITIGATION: Attorney be authorized to settle litigation.as
directed in Executive Session..: -Motion declared carriai
STAGGERED Moved by Haupt, seconded by Wetter, to adopt the
ALDERMANIC recommendation of the License & Judicial Committee
ELECTIONS: that there be no change to the present terms for
aldermen until after the 1990 census results are
received. Motion declared carried.
FLOODPLAIN Moved by Chiropolos, seconded by Christiansen, to
DEVELOPMENT adopt recommendation of Engineering Committee that any
SURCHARGE building or structure construction or alteration in
FEE: the 500 -year flood plain, excluding mitigation
measures, shall require a fee of 30 per sq. ft.
for industrial, commercial or residential alteration,
whether the lot is partially or fully in the flood
plain, and when calculated fee is less than $500, the
fee shall be no less than $500, and City Attorney be
authorized to draft necessary ordinance. 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.
CONTRACT Moved by Chiropolos, seconded by Christiansen, to
AWARD/ adopt recommendation of Engineering Committee to award
ILLINOIS ST. contract for Illinois StreetCul-de-Sac Project to low
CUL-DE-SAC: bidder, Johnson Paving Co., 1025 Addison Court,
Arlinton Heights, IL 60005, in the amount of $72,980,
and City Clerk be authorized to execute Supplemental
Resolution in the amount of $8,000, MFT Section
88-00153-00 FP (balance of $65,000 was approved on
July 17, 1989). 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.
STREET Moved by Chiropolos, seconded by Christiansen, to
BANNERS: adopt recommendation of Engineering Committee to allow
holiday banners on street light poles in the downtown
area and along Oakton Street between Lee Street and
River Road; banners to be 5' x 30", hung on one side
of street poles usings slots, flexible brackets, etc.
to reduce wind load; there will be no deviation from
size or shape; City reserves the right to discontinue
the banners if there is another pole breakage; and
Des Plaines Chamber of Commerce to install, remove
and store banners and replace poles if damaged.
Motion declared carried.
9/18/89
PAGE FOUR
181
POW/MIA Moved by Childers, seconded by Christiansen, to adopt
VIGIL: recommendation of Public Works Committee to grant
request from Veterans of the Vietnam War, Inc., Post
IL-2, P.O. Box 584, Glenview, IL 60025, to hold a
POW/MIA (Prisoner of War/Missing In Action) Vigil on
May 26-27, 1990; City to provide flag pole, lights,
parking, electrical outlet and $500 for expenses
relating to this event which will be held on Ellinwood
Street between Lee and Pearson Streets. 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.
BEHREL DECK Moved by Childers, seconded by Christiansen, to adopt
PARKING recommendation of Public Works Committee to enter into
LEASE: rental lease with Shaker Advertising Agency, Inc.,
6821 W. North Avenue, Oak Park, IL 60302, for use of
three hundred eighty (380) parking spaces in the Behrel
Parking Deck on selected Sundays for one (1) year
beginning September 18, 1989, and Corporate Attorney
to prepare necessary lease agreement. 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.
LIFE SPAN Moved by Childers, seconded by Wetter, to adopt
LEASE AT recommendation of the Public Works Committee that
TRANSIT CENTER: Mayor and City Clerk be authorized to execute agreement
with Life Span, Inc., P.O. Box 445, Des Plaines, to
lease 125 sq. ft. portion of Transit Center with the
understanding that Life Span will not be responsible
(Morning Coffee for monitoring washrooms by maintaining the keys;
Concession utilities will be paid based on the square footage
Stand) Life Span occupies and hours of operation except for
water charges which will be based on the difference
between current water usage and that of the previous
year; City to provide sink; and lease to be for one
year beginning November 1, 1989. 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.
(Similar motion made and deferred at the Council
meeting held on July 17, 1989. No action taken so it
is assumed dead.)
DRIVEWAY Moved by Christiansen, seconded by Schneck, to adopt
VARIATION/ recommendation of Building Code Committee to grant
1651 MORSE: request for installation of "U" -shaped driveway on
property located at 1651 Morse Avenue. Motion
declared carried.
FENCE Moved by Christiansen, seconded by Hardiman, to adopt
VARIATION/ recommendation of Building Code Committee to grant
1580 WEBSTER: request for installation of a 5' high board on board
fence on west side of property located at 1580 Webster
Lane. Motion declared carried.
9/18/89
PAGE FIVE
182
•FENCE •Moved by Christiansen, seconded by Hardiman, to adopt
VARIATION/ recommendation of Building Code Committee to grant
1755 MORSE: request for installation of 4' high picketfence
along driveway on property located at 1755 Morse
Avenue. Motion declared carried.
FENCE Moved by Christiansen, seconded by Hardiman, to adopt
VARIATION/ recommendation of Building Code Committee to grant
893 HOLLYWOOD: request for installation of 6' high gothic -style fence
along side yard on property located at 893 Hollywood
Avenue. Motion declared carried.
I -SEARCH Moved by Hardiman, seconded by Haupt, to adopt the
CALENDARS: recommendation of Public Safety Committee to award
contract for printing of the 1990 Crime Prevention/
I -SEARCH Calendars to the low bidder, R. W. Wilson
Company, 220 N. Fourth Street, St. Charles, IL 60174,
in the amount of $10,290 for 7,000 copies. 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.
E-911 Moved by Hardiman, seconded by Haupt, to adopt the
EMERGENCY recommendation of Public Safety Committee to approve
TELEPHONE SYS.: Phase I fee in the amount of $20,000 to Bernie Ebstein
Associates, P.O. Box 1878, Highland Park, IL 60035,
to provide consulting services to assist in implemen-
tation of the E-911 Emergency Telephone System, and
authorize funding not to exceed $10,000 to be used for
public education of the E-911 referendum. 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 Childers, to adopt
M-39-89 Ordinance M-39-89, AN ORDINANCE AMENDING SECTIONS
REVISIONS TO 1-15-1 (D) AND (E); 1-15-2 (A) AND (B); 1-15-3 (A),
POSITION (B) AND (D); 1-15-5 (A); 1-15-5 (C), (D)1. AND (D)2.;
CLASS. & COMP. 1-15-6 (B); 1-15-7 (A) AND 1-15-7(C); 1-15-8. (A) AND
PLAN: (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. 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 Christiansen, to adopt
M-41-89 Ordinance M-41-89, AN ORDINANCE AMENDING TITLE VII OF
AUTOMATIC THE DES PLAINES CITY CODE AND ADDING THERETO A NEW
SPRINKLER CHAPTER 16, PERTAINING TO AUTOMATIC SPRINKLER SYSTEMS.
SYSTEMS: 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.
9/18/89
PAGE SIX
183
ORDINANCE Moved by Haupt, seconded by Wetter, to adopt
M-42-89 Ordinance M-42-89, AN ORDINANCE AMENDING SECTIONS
AMUSEMENT 5-2-1.3(G) AND 5-2-1.3(J) OF THE DES PLAINES CITY CODE,
GAMES: PERTAINING TO ELECTRONIC 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. 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 Haupt, seconded by Childers, to adopt
M-44-89 Ordinance M-44-89, AN ORDINANCE AMENDING SECTIONS
LIQ. LIC./ 5-34-3 AND 5-34-17 OF THE DES PLAINES CITY CODE TO ADD
GOVERNMENTAL THERETO PROVISIONS FOR A NEW CLASS K GOVERNMENTAL
FACILITIES: FACILITIES LIQUOR LICENSE, AND TO RENUMBER SECTIONS
5-34-15 THRU 5-34-38 OF CHAPTER 34, TITLE V OF THE
CITY CODE, ACCORDINGLY.
Moved by Schneck, seconded by Wetter, that this motion
be tabled. Upon roll call, the vote was:
AYES: 3 -Childers, Wetter, Schneck
NAYS: 5 -Christiansen, Hardiman, Sarlo, Chiropolos,
Haupt
ABSENT: 0 -None
Motion declared failed.
Upon roll call on the original motion, the vote was
AYES: 6 -Christiansen, Schneck, Hardiman, Sarlo,
Chiropolos, Haupt
NAYS: 2 -Childers, Wetter
ABSENT: 0 -None
Motion declared carried.
ORDINANCE Placed on First Reading was Ordinance M-45-89, AN
M-45-89 ORDINANCE AMENDING SECTION 5-34-18 OF THE DES PLAINES
INCREASING CITY CODE, TO INCREASE THE CLASS E LIQUOR LICENSES BY
CLASS E ONE (1), FOR AMICI RESTAURANT, 1992 RIVER ROAD,
LIQ. LIC.: DES PLAINES, IL.
ORDINANCE Placed on First Reading was Ordinance M-46-89, AN
M-46-89 ORDINANCE AMEDNING SECTION 5-34-18 OF THE DES PLAINES
INCREASING CITY CODE, TO INCREASE THE CLASS E LIQUOR LICENSES BY
CLASS E & ONE (1), AND TO DECREASE CLASS H LIQUOR LICENSES BY
DECREASING ONE (1), FOR NEW SEOUL RESTAURANT, 636-638 ALGONQUIN
CLASS H ROAD, DES PLAINES, IL.
LIQ. LIC.:
ORDINANCE Placed on First Reading was Ordinance M-47-89, AN
M-47-8.9 ORDINANCE' DELETING CHAPTER 14, TITLE IX, OF THE DES
FLOOD PLAIN PLAINES CITY CODE, IN ITS ENTIRETY, AND ADDING THERETO
MANAGEMENT: IN ITS STEAD A NEW CHAPTER 14 REGULATING DEVELOPMENT
IN SPECIAL FLOOD HAZARD AREAS.
ORDINANCE Placed on First Reading was Ordinance Z-10-89, AN
Z-10-89 ORDINANCE GRANTING A SPECIAL USE OF SECTION 8.1 OF THE
SPECIAL USE, ZONING ORDINANCE, TO PERMIT CONSTRUCTION OF A NEW
1195 OAKTON: KENTUCKY FRIED CHICKEN RESTAURANT WITH DRIVE-THRU
WINDOW ON K -MART PROPERTY, 1195 EAST OAKTON STREET,
CASE NO. 89 -13 -SU.
ORDINANCE Placed on First Reading was Ordiannce Z-11-89, AN.
Z-11-89 ORDINANCE GRANTING A SPECIAL USE OF SECTION 8.1 OF THE
SPECIAL USE, ZONING ORDINANCE, TO PERMIT CONSTRUCTION OF A NEW TACO
1175 OAKTON: BELL RESTAURANT WITH DRIVE-THRU WINDOW ON K -MART
PROPERTY, 1175 EAST OAKTON STREET, CASE NO. 89 -14 -SU.
RESOLUTION
R-16-89
STUDY TO
CREATE CBD &
REDEV. PLAN:
RESOLUTION
R-17-89
GRANT FUNDING
FOR KEEP DP
BEAUTIFUL:
ZONING CASE
89-28-SU1
2410 D. P.
AVENUE:
ZONING CASE
89 -5 -PUD,
800 S. RIVER:
PROPOSED
ABANDONED AUTO
ORDINANCE:
REVIEW CROSS -
CONNECTION
CONTROL ORD.:
PURCHASE OF
SALT:
TRUCK LOAD
LIMITS:
9/18/89
PAGE SEVEN
184
Moved by Schneck, seconded by Wetter, to adopt
Resolution R-16-89, A RESOLUTION AUTHORIZING A STUDY
WITH REGARD TO THE CREATION OF A COMMERCIAL BUSINESS
DISTRICT AND REDEVELOPMENT PLAN WITHIN THE CITY OF
DES PLAINES. 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 Childers, seconded by Sarlo, to adopt
Resolution R-17-89, A RESOLUTION AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO THE ILLINOIS DEPARTMENT
OF COMMERCE AND COMMUNITY AFFAIRS(DCCA) FOR GRANT
FUNDING AVAILABLE THROUGH THE ILLINOIS CLEAN AND
BEAUTIFUL PROGRAM. 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.
Letter from Des Plaines Zoning Board of Appeals re
Case 89 -28 -SU, 2410 Des Plaines Avenue (Scadron
Enterprises), was referred to the Municipal Develop-
ment Committee.
Letters from Des Plaines Plan Commission and Zoning
Board of Appeals re Case 89 -5 -PUD, 800 S. River Road
(Prime Group), was referred to the Municipal Develop-
ment Committee.
Mayor Albrecht referred a proposed Abandoned Auto
Ordinance to the Public Safety Committee.
Mayor Albrecht referred the matter of a review of the
Cross -Connection Control Ordinance to add an appeal
process by property owners and also provisions for
supervision, control or reporting requirements to the
Building Code Committee.
Mayor Albrecht referred memo from Commissioner Matula
requesting the City purchase road salt for the upco,ning
winter to the Engineering Committee.
Mayor Albrecht referred the matter of City conforming
with State( of Illinois truck load limits on major
roads to the Engineering Committee.
CITIZENS Mayor Albrecht referred matter of reviewing Citizens
UTILITY PRELIM. Utility Preliminary Agreement to the Public Works
AGREEMENT: Committee.
ADJOURNMENT:
Moved by Childers, seconded by Christiansen, that the
regular meeting of the city council adjourn. Motion
declared ca ied. Meting adj. rned at 10:25 P.M.
ill
`� ,
-....1:14A 4_ -,• Ili. IVAl
APPROVED BY ME THIS
DAY OF /106. -LL 1989
Donna McAllister, CMC/AAE - CITY CLERK
. Michae
lbr.echt, MAYOR