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10/02/1989185. -MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINE: ILLINOIS, HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, OCTOBER 2, 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 8:00 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, October 2, 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, City Comptroller Peters, Commissioner of Public Works Matula, Deputy Fire Chief Farinella, Deputy Police Chief Storm. Municipal Development Director Pagones, City Engineer Oakley, Human Resources and Services Director Panouses,and Corporate Attorney Delort. PRAYER AND PLEDGE: MINUTES: The opening prayer was given by City Clerk McAllister, 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 on September 18, 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: $842,140.50. Alderman Haupt asked that the record show that he questioned the legal billing for the firm of Odelson & Sterk, Ltd.; in particular the work supposedly done on Saturdays and Sundays in August, the discrepancy in the total billable hours and the fact that 6% of the bills presented for payment this evening were for legal fees. Corporate Attorney Delort responded to Alderman Haupt's questions by saying there were obviously some clerical errors in the billing days. He said he would recalculate the billable hours for verification. Upon roll call on the motion, the vote was: AYES: 8 -Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None Motion declared carried. COMPUTER Moved by Schneck, seconded by Sarlo, to adopt the ACQUISITIONS: recommendation of the Finance Committee to retain Bricker & Associates, Inc., 625 N. Michigan Avenue, Chicago, IL 60611, at a cost not to exceed $16,225 for consulting fees to negotiate contract with successful vendor for purchase of data processing equipment and software. 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. COPIER FOR SIXTH FLOOR: 186. 10/2/89 PAGE TWO Moved by Schneck, seconded by Childers, to adopt recommendation of Finance Committee to purchase a Toshiba BD -8510 copier from Distinctive Business Products, 1600 Golf Road, Suite 140, Rolling Meadows, IL 60008, in the amount of $8,372 for use by the offices of the Mayor/Manager, City Clerk and City Attorney on the sixth floor. 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 Moved by Sarlo, seconded by Childers, to adopt the 89 -23 -SU -R recommendation of the Municipal Development Committee 800 E. OAKTON: to concur with the recommendation of the Des Plaines Zoning Board of Appeals that request for Special Use and rezoning from C-1 Commercial District to C-2 Commercial District to construct a self-service gasoline station, mini mart facility and auto -care center on property located at 800 E. Oakton Street, Case 89 -23 -SU -R, be denied. 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 -28 -SV 2410 DES PLAINES AVE.: ZONING CASE 89-26-R 1200 S. WOLF: (Deferred item) Moved by Sarlo, seconded by Childers, to adopt the recommendation of the Municipal Development Committee to concur with the recommendation of the Des Plaines Zoning Board of Appeals that request for sign varia- tion to allow erection of''V" type sign, 1,200 sq. ft. on each side and over all height of 35' on property located at 2410 Des Plaines Avenue, Case 89 -28 -SV, be denied. 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. Alderman Sarlo brought to the floor motion deferred at the Council meeting held on September 18, 1989, to adopt 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 Sarlo, seconded by Wetter, to adopt sub- stitute motion to grant request to rezone from M-3 Research Manufacturing to M-2 Manufacturing property located at 1200 S. Wolf Road, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. \o(t DRIVEWAY VARIATION/ 63 KING LANE: SPECIAL PERMIT FOR OVERLOAD TRUCKS: RESIDENTIAL PARKING/ JEANNETTE & FOREST: POTTER ROAD WATER MAIN IMPROVEMENTS: PURCHASE OF SALT: RECONSIDERATION OF M-44-89/ LIQ. LIC. GOVERNMENTAL FACILITIES: 187. 10/2/89 PAGE THREE Moved by Christiansen, seconded by Hardiman, to adopt recommendation of Building Code Committee to allow a 18' driveway at the sidewalk with a flare to 24' at the curb on property located at 63 King Lane. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee that City Code be amended to include a new section pertaining to special permits for overload trucks, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee that residential parking only be permitted on the east side of Jeannette Street from Van Buren Avenue to Wicke Avenue, and on both sides of Forest Avenue from Margret Street west to a point 150' east of Jeannette Street, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee to accept proposal from Graef Anhalt Schloemer Associates Inc., 6650 N. Northwest Highway, Suite 302, Chicago, IL 60631, to perform design engineering services for 12" water main construction from Ballard Road to Emerson Street for Cook County's Potter Road Highway Improvements project in the amount of $6,000, Water Funds, and Mayor and City Clerk be authorized to execute necessary documents. 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 City Clerk be authorized to sign Acceptance of Proposal to Furnish Materials and Approval of Award document in the amount of $89,392, MFT Section 89-00000-00 GM, for purchase of 3,700 tons of salt from low bidder Domtar Industries, 4825 N. Scott Street, Suite 400, Schiller Park, IL 60176. 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 Wetter, to reconsider Ordinance M-44-89, AN ORDINANCE AMENDING SECTIONS 5-34-3 AND 5-34-17 OF THE DES PLAINES CITY CODE TO ADD THERETO PROVISIONS FOR A 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, which was adopted by the Council on September 18, 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. 188. 10/2/89 PAGE FOUR M-44-89 Moved by Schneck, seconded by Wetter, that this (Cont'd.) ordinance be referred back to the License & Judicial Committee for further study. Motion declared carried. ORDINANCE Moved by Sarlo, seconded by Wetter, to adopt Ordinance M-45-89 M-45-89, AN ORDINANCE AMENDING SECTION 5-34-18 OF THE LIQ. LIC.: DES PLAINES CITY CODE, TO INCREASE THE CLASS E LIQUOR (Amici) LICENSES BY ONE (1), FOR AMICI RESTAURANT, 1992 RIVER ROAD, DES PLAINES, IL. 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 Wetter, seconded by Sarlo, to adopt Ordinance M-46-89 M-46-89, AN ORDINANCE AMENDING SECTION 5-34-18 OF THE LIQ. LIC.: DES PLAINES CITY CODE, TO INCREASE THE CLASS E LIQUOR (New Seoul) LICENSES BY ONE (1), AND TO DECREASE CLASS H LIQUOR LICENSES BY ONE (1), FOR NEW SEOUL RESTAURANT, 636- 638 ALGONQUIN ROAD, DES PLAINES, IL. 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 Chiropolos, seconded by Sarlo, to adopt M-47-89 Ordinance M-47-89, AN ORDINANCE DELETING CHAPTER 14, FLOOD PLAIN TITLE IX, OF THE DES PLAINES CITY CODE, IN ITS MANAGEMENT: ENTIRETY, AND ADDING THERETO IN ITS STEAD A NEW CHAPTER 14 REGULATING DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS. 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 Ordinance Z-10-89 Z-10-89, AN ORDINANCE GRANTING A SPECIAL USE OF SPECIAL USE, SECTION 8.1 OF THE ZONING ORDINANCE, TO PERMIT CON - 1195 OAKTON: STRUCTION OF A NEW KENTUCKY FRIED CHICKEN RESTAURANT WITH DRIVE-THRU WINDOW ON K -MART PROPERTY, 1196 EAST OAKTON STREET, CASE NO. 89 -13 -SU. Upon roll call, the vote was: AYES: 7 -Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 0 -None ABSENT: 0 -None ABSTAIN:1-Childers (conflict of interest) Motion declared carried. ORDINANCE Moved by Sarlo, seconded by Wetter, to adopt Ordinance Z-11-89 Z-11-89, AN ORDINANCE GRANTING A SPECIAL. USE OF SECTIOI SPECIAL USE, 8.1 OF THE ZONING ORDINANCE, TO PERMIT CONSTRUCTION OF 1175 OAKTON: A NEW TACO BELL RESTAURANT WITH DRIVE-THRU WINDOW ON K -MART PROPERTY, 1175 EAST OAKTON STREET, CASE NO. 89 -14 -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. �1 ORDINANCE M-48-89 FLOOD PLAIN DEV. SURCHARGE FEE: RESOLUTION R-18-89 FREEDOM OF INFORMATION UPDATE: RESOLUTION R-19-89 SUPPORT OF BALEFILL: RESOLUTION R-20-89 SUPPORT OF THIRD AIRPORT: RESOLUTION R-21-89 PUBLIC HEARING FOR CBD: ZONING CASE 89 -21 -PUD ELLINWOOD ST.: 189. 10/2/89 PAGE FIVE Moved by Chiropolos, seconded by Sarlo, to waive First Reading and place on passage Ordinance M-48-89. Motion declared carried. Moved by Chiropolos, seconded by Sarlo, to adopt Ordinance M-48-89, AN ORDINANCE AMENDING SECTION 4-4-11 OF THE DES PLAINES CITY CODE, TO UPDATE THE SURCHARGE FEE FOR VIOLATIONS. 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 Sarlo, seconded by Childers, to adopt Resolution R-18-89, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES ILLINOIS, AMENDING RESOLUTION R-18-84, PERTAINING TO THE ILLINOIS FREEDOM OF INFORMATION ACT. 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. (Resolution was amended to include a fee of $5 per copy for Fire Department Fire and Emergency Medical Service (EMS) Reports) Moved by Childers, seconded by Sarlo, to adopt Resolution R-19-89 urging approval of the Balefill Development Permit by the Illinois Environmental Protection Agency. Motion declared carried. Moved by Sarlo, seconded by Chiropolos, to adopt Resolution R-20-89, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES SUPPORTING A THIRD REGIONAL COMMERCIAL AIRPORT. Motion declared carried. (Resolution was amended to replace the word "Manhattan' with "fast track" in Section 5) Moved by Sarlo, seconded by Christiansen, to adopt Resolution R-21-89, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING A PUBLIC HEARING FOR THE ESTABLISHMENT OF A COMMERCIAL BUSINESS DISTRICT. Motion declared carried. Letter from Des Plaines Zoning Board of Appeals re Case 89 -21 -PUD, approximately 1485 Ellinwood Street (Otis Company), was referred to the Municipal Development Committee. WATER SERVICE/ Mayor Albrecht referred the matter of providing water UNITED AIRLINES: to the new United Airlines Reservation Center to be located on Wolf Road south of Touhy Avenue to the Engineering and Finance Committees. COMFORT INN STORM WATER EXTENSION: Mayor Albrecht removed the matter of Comfort Inn Storm Water Extension from the Public Works Committee and referred to the Engineering Committee. 1 1 1 190. 10/2/89 PAGE SIX APPOINTMENT: Letter from Mayor Albrecht recommending the appointment of Lloyd R. Elkins to the Consumer Protection Commis- sion filling vacany left by Frank Svoboda will come before the Council on October 16, 1989. ADJOURNMENT: Moved by Sarlo, seconded by Chiropolos, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:00 P.M. APPROVED BY ME THIS W DAY OF , 1989 ichael Alb"ech , MAYOR nna McAllister, CMC/AAE - CITY CLERK