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11/20/1989203. 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 20, 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 8:10 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, November 20, 1989. ROLL CALL: Roll Call indicated the following Aldermen present: Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. Also present were: 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 Donahue, and Corporate Attorney Odelson. PRAYER AND PLEDGE: MINUTES: The opening prayer was given by Rev. David Muir, Alliance Bible 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 November 6, 1989, as published. Motion declared carried. BILLS PAYABLE: Moved by Schneck, seconded by Sarlo, 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: $765,707.65. 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. HOLIDAY DECORATIONS: ISSUANCE OF GO BONDS: 1989 TAX LEVY: Moved by Schneck, seconded by Sarlo, to adopt the recommendation of Finance Committee that the City give up to $3,500 in matching funds to the Chamber of Commerce's contribution for holiday decorations. 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 Sarlo, to adopt the recommendation of Finance Committee that City authorize the issuance of $4,700,000 General Obliga- tion Corporate Purpose Bonds, Series 1989, and that Ordinance M-57-89 be placed on First Reading at appropriate time this evening. Motion declared carried. Moved by Schneck, seconded by Sarlo, to adopt the recommendation of Finance Committee to approve the 1989 Tax Levy in the amount of $9,221.118 and that Ordinance M-59-89 be placed on First Reading at appropriate time this evening. Motion declared carried. HEIGHT OF BUILDINGS: 204. 11/20/89 PAGE TWO Moved by Schneck, seconded by Childers, to adopt recommendation of the Committee of the Whole to concur with recommendation of Special Zoning Commission to maintain the existing height limitations that exist in the R-5 and C-4 Districts, namely 80' and 100' respectively, but to allow the Plan Commission, Zoning Board of Appeals and City Council to consider increasing the building height up to 175' only by way of a planned unit development or other special use, thus giving the City Council, Plan Commission and Zoning Board of Appeals control over any proposed development, and Ordinance Z-15-89 be placed on First Reading at appropriate time this evening. Upon roll call, the vote was: AYES: 5 -Childers, Christiansen, Schneck, Hardiman, Haupt NAYS: 3 -Wetter, Sarlo, Chiropolos ABSENT:0-None Motion declared carried. EXECUTIVE Moved by Schneck, seconded by Chiropolos, to go into SESSION: Executive Session to discuss land acquisition. 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 89-34-A TEXT AMEND.: Council recessedrat.830'.p,M. Council reconvened at 8:50 P.M. Roll Call indicated the following Aldermen present: Childers, Christiansen, Wetter, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. 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 89-34-A that the Zoning Ordinance be amended as follows: 1. Section 4.2.2.16 - Delete in its entirety 2. Section 4.1.2.12 - Change to "Messenger and tele- graph service office" 3. Section 4.4.1.22 - Change to "Messenger and tele- graph service offices" 4. Section 4.4.1.5 - Delete the word "massage" 5. Section 5.2.4.1 - Leave as it now reads"abattoirs 6. Section 5.2.4.26 - Change to "Gas manufacture" and City Attorney be authorized to draft necessary ordinance. Motion declared carried. STREETSCAPE Moved by Sarlo, seconded by Haupt, to adopt the IMPROVEMENTS/ recommendation of the Municipal Development Committee CASA ROYALE: to deny request for public improvements on the Center Street side of the Casa Royale Banquets, 783 Lee Street. Upon roll call, the vote was: AYES: 5-Schneck, Hardiman, Sarlo, Chiropolos, Haupt NAYS: 3 -Childers, Christiansen, Wetter ABSENT: 0 -None Motion declared carried. 205. 11/20/89 PAGE THREE REDUCTION OF Moved by Sarlo, seconded by Childers, to adopt the ESCROW/ recommendation of Municipal Development Committee to MURTISHI'S grant request for reduction of construction Escrow SUBDIVISION: (Public Improvement Bond) in the amount of $47,795.14 for storm sewer improvements and portion of street improvements for Murtishi's Subdivision, Rand Road and Albany Lane, contingent upon receipt of waiver of liens from petitioner. 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. PROPOSED CITY- Moved by Childers, seconded by Christiansen, to adopt PARK -SCHOOL recommendation of Public Works Committee that City PARTNERSHIP: move forward in discussions with the Des Plaines Park District and School District #207 re land and building trades. Motion declared carried. ILLINOIS ST. Moved by Chiropolos, seconded by Christiansen, to CUL-DE-SAC adopt recommendation of Engineering Committee to PLAN MODIFICA.: approve Option A re alignment of curb and gutter and location of parking stalls on Illinois Street Cul -de - Sac, constructed as part of MFT Section 88-00153-00 FP at a cost not to exceed $5,000, per Engineering Department print; and Ordinance T-15-89 (on Second Reading) be amended to add that no parking be allowed on the east side of Illinois Street from the Cul -de - Sac south to Riverview Avenue, and two hour parking restriction on both sides of Illinois Street north of the Cul -de -Sac to Oakton Street in the commercial area. 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. N.W. HIGHWAY TRANS. WATER MAIN CROSS. CONNECTION: Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee to award contract for Northwest Highway Transmission Water Main Improvements to -the low kidder, Szabo Contracting Company, 442 W. Lake Street, Elmhurst, IL 60126, in the amount of $98,500, Water Funds, and bid bonds/ checks be returned to unsuccessful bidders. 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. GOVERNMENTAL Moved by Haupt, seconded by Schneck, to adopt the LIQUOR LIC.: recommendation of the License & Judicial Committee that Ordinance M-44-89, reconsidered by the Council on October 2, 1989, be amended to read that the fee for Class K Governmental Facilities License shall be $500, and ordinance be placed on First Reading on December 4, 1989. Motion declared carried. EXECUTIVE Moved by Haupt, seconded by Schneck, to adopt the SESSIONS: recommendation of the License & Judicial Committee that Council adopt the procedures for keeping written minutes of committee meetings as outlined in memo from Mathias W. Delort, Odelson & Sterk, Ltd. (corporate counsel), dated October 16, 1989. Motion declared carried. LAW DEPART. REVISIONS: 206 11/20/89 PAGE FOUR Moved by Haupt, seconded by Schneck, to adopt the recommendation of the License & Judicial Committee to approve proposed ordinance re Law Department and Ordinance M-56-89 be placed on First Reading at appropriate time this evening; and that the following Standard Operating Procedures be implemented as of January 1, 1990, to improve the efficiency of law case processing: 1. Allow Claims Service a limit of up to $5,000 to settle pending claims against the City with suggested approval by the City Attorney. 2. For claims from $5,000 to $10,000, the Claims Service would recommend to the City Attorney and the City Attorney would approve amounts or settlement in that range. 3. For claims between $10,000 and $15,000 in settle- ment, the City Attorney and the Claims Service would recommend to the Mayor and City Manage and, if all are in agreement, these claims would be settled. 4. All settlements above $15,000 would require review by the License & Judicial Committee and authorization from the City Council. 5. A monthly report by the Claims Service would be made to the City Attorney of all claims settled and paid. 6. The City Attorney would convene a quarterly meet- ing including the City Manager, Comptroller, Human Resources & Services Director and a representative of the claims handling service to discuss current claims and future processing, and the Chairman of the License & Judicial Committee would be invited. Motion declared carried. E911 Moved by Hardiman, seconded by Chiropolos, to adopt EMERGENCY recommendation of the Public Safety Committee that a TELE. SYS.: referendum be placed on the March 20, 1990 General Election Ballot as follows: "Shall the city of Des Plaines impose a sur- charge of up to one dollar ($1.00) per month per network connection, which surcharge will be added to the monthly bill you receive for telephone or telecommunications charges, for the purpose of installing (or improving) a 9-1-1 Emergency Telephone System?" and that Resolution R-25-89 be adopted at appropriate time this evening. Motion declared carried. PURCHASE OF Moved by Hardiman, seconded by Chiropolos, to adopt POLICE recommendation of Public Safety Committee that the VEHICLES: Chief of Police be authorized to purchase four (4) 1990 Chevrolet Caprice 4 -door Sedans from the winner of the 1990 State Net Bid, Miles Chevrolet, 150 W. Pershing Road, Decatur, IL, for a total amount of $53,601.04/1990 Budget Funds. 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. 11/20/89 PAGE FIVE ORDINANCE Moved by Schneck, seconded by Sarlo, to adopt M-52-89 Ordinance M-52-89, AN ORDINANCE AMENDING TITLE IV, BUS BARS: CHAPTER 4, OF THE DES PLAINES CITY CODE, TO ADD THERETO A NEW SECTION 4-4-12 PERTAINING TO BUS BARS. 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 Christiansen, to T-13-89 adopt Ordinance T-13-89, AN ORDINANCE AMENDING TITLE MAX. WEIGHT X, CHAPTER 16, OF THE DES PLAINES CITY CODE, TO ADD LIMITS FOR THERETO A NEW SECTION 10-16-7, PERTAINING TO 80,000 CERTAIN LBS. MAXIMUM WEIGHT LIMITATION FOR CERTAIN STREETS OR STREETS: PARTS THEREOF. 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 Christiansen, to T-14-89 adopt Ordinance T-14-89, AN ORDINANCE AMENDING FORMER RESIDENTIAL ORDINANCE T-12-89, FURTHER AMENDING SECTION 10-4-24(B) PARKING/ OF THE DES PLAI.NES CITY CODE, TO ADD THERETO JEANNETTE & RESTRICTED "RESIDENTIAL PARKING ONLY" FOR THE EAST FOREST: SIDE OF JEANNETTE STREET FROM VAN BUREN TO WICKE STREETS, AND FOR THE SOUTH SIDE OF FOREST AVENUE, FROM MARGRET STREET EAST TO A POINT 150 FEEPEAST OF JEANNETTE 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. ORDINANCE Moved by Chiropolos, seconded by Christiansen, to T-15-89 adopt Ordinance T-15-89, as amended earlier in PARKING meeting, AN ORDINANCE AMENDING SCHEDULE II, SECTION RESTRICTIONS/ 10-5-5(G) OF THE DES PLAINES CITY CODE, TO DELETE ILLINOIS ST.: THEREFROM THE LOCATION OF ILLINOIS STREET, FROM OAKTON STREET TO RIVERVIEW AVENUE, BOTH SIDESOF THE STREET, (Amended) AND TO ADD THERETO IN ITS STEAD, ILLINOIS STREET, FROM 200 FEET SOUTH OF OAKTON STREET TO RIVERVIEW AVENUE, WEST SIDE OF THE STREET, AND ILLINOIS STREET, FROM THE CUL DE SAC SOUTH TO RIVERVIEW AVENUE, EAST SIDE OF THE STREET, AS RESTRICTED PARKING BETWEEN THE HOURS OF 8 AM to 5 PM DAILY; ALSO AMENDING SECTION 10-5-5(E)(1) 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-53-89, AN M-53-89 ORDINANCE AMENDING SECTION 5-34-18 OF THE DES PLAINES LIQUOR LIC./ CITY CODE, TO INCREASE THE CLASS "E" LIQUOR LICENSES 1591 LEE: BY ONE (1) FOR CHUNG'S CANTONESE & MANDARIN RESTAURANT 1591 LEE STREET, DES PLAINES, IL. ORDINANCE Placed on First Reading was Ordinance M-54-89 AN M-54-89 ORDINANCE AMENDING SECTION 5-34-18 OF THE DES PLAINES LIQUOR LIC./ CITY CODE, TO INCREASE THE CLASS "H" LIQUOR LICENSES 833 LEE: BY ONE (1) FOR OLD TIME RIBS, 833 LEE STREET, DES PLAINES, IL. o$, ORDINANCE M-55-89 COUNCIL MEMBERSHIP: ORDINANCE M-56-89 LAW DEPART.: ORDINANCE M-57-89 ISSUANCE OF GO BONDS: ORDINANCE M-59-89 1989 TAX LEVY: ORDINANCE Z-15-89 TEXT AMEND./ HEIGHT OF BUILDINGS: ORDINANCE T-16-89 PARKING RESTRICTIONS/ ALGONQUIN RD.: ORDINANCE Z-13-89 REZONING/ 300 WESTERN: ORDINANCE Z-14-89 REZONING/ 302 WESTERN: 208. 11/20/89 PAGE SIX Placed on First Reading was Ordinance M-55-89, AN ORDINANCE AMENDING SECTION 1-6-1 OF THE DES PLAINES CITY CODE, UPDATING THE WORDAGE IN SAID SECTION TO REFLECT THE CHANGE IN COUNCIL MEMBERSHIP OF EIGHT (8) ALDERMEN. Placed on First Reading was Ordinance M-56-89, AN ORDINANCE AMENDING SECTIONS 1-8-2, 1-8-3 AND 1-8-5 OF THE DES PLAINES CITY CODE, TO ADD THERETO ADDITIONAL WORDAGE PERTAINING TO OUTSIDE LAW PRACTICE OF CITY ATTORNEY, DUTY ASSIGNMENTS OF CORPORATION COUNSEL, AND QUARTERLY REPORTS BY CITY ATTORNEY AND CORPORATION COUNSEL TO CITY COUNCIL. Placed on First Reading was Ordinance M-57-89, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $4,700,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1989, OF THE CITY OF DES PLAINES, ILLINOIS. Placed on First Reading was Ordinance M-59-89, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1989 AND ENDING DECEMBER 31, 1989. Placed on First Reading was Ordinance Z-15-89, AN ORDINANCE AMENDING THE ZONING ORDINANCE OF 1960 OF THE CITY OF DES PLAINES, ILLINOIS, RE HEIGHT OF BUILDINGS. Placed on First Reading was Ordinance T-16-89, AN ORDINANCE AMENDING SECTION 10-5-2 OF THE DES PLAINES CITY CODE, TO DELETE THEREFROM SUBSECTION 10-5-2(M) IN ITS ENTIRETY, AND TO AMEND SUBSECTION 10-5-2(L) TO PROVIDE FOR THE POSTING OF "BUSES ONLY" AND "STUDENT PICK UP AND DROP OFF" RESTRICTED PARKING SIGNS ACROSS FROM ALGONQUIN JUNIOR HIGH SCHOOL. Moved by Sarlo, seconded by Childers, to waive First Reading and place on passage Ordinance Z-13-89. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt Ordinance Z-13-89, AN ORDINANCE GRANTING A REZONING FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO M-2 MANUFACTURING DISTRICT AND GRANTING A VARIATION TO SECTION 5.2.6.2 OF THE DES PLAINES ZONING ORDINANCE AT 300 SOUTH WESTERN AVENUE (CASE NO. 89 -30 -RV). 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 waive First Reading and place on passage Ordiannce Z-14-89. Motion declared carried. Moved by Sarlo, seconded by Childers, to adopt Ordinance Z-14-89, AN ORDINANCE GRANT A REZONING FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO M-2 MANUFACTURING DISTRICT FOR 302 WESTERN AVENUE (CASE NO. 89-32-R). 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. 0'� 1 209. 11/20/89 PAGE SEVEN RESOLUTION Moved by Schneck, seconded by Wetter, to adopt R-25-89 Resolution R-25-89, A RESOLUTION AUTHORIZING A REFERENDUM REFERENDUM ON THE PROPOSITON OF WHETHER THE CITY OF FOR 911: DES PLAINES SHALL IMPOSE A SURCHARGE ON ALL TELE- COMMUNICATION CARRIERS TO INSTALL A 9-1-1 EMERGENCY TELEPHONE SYSTEM. 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. ADVERTISING The City Clerk's Office will be advertising for bids FOR BIDS: for 100' Aerial Ladder Platform Fire Truck, returnable by 3 P.M. on Monday, December 18, 1989. TEMPORARY Moved by Sarlo, seconded by Hardiman, to extend FIRE SERVICE/ agreement with Abbott Contractors, Inc., 1890 Techny 111 TOUHY AVE.: Court, Northbrook, IL 60062, to May 1, 1990 for temporary service from our Fire Department with 100% of actual cost to be paid for each run for property located at 111 E. Touhy Avenue (originally approved by the Council on May 15, 1989 and extended on August 21, 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. BANNING SALE OF SPRAY PAINT: Moved by Schneck, seconded by Chiropolos, to reconsider failed motion made at Council meeting held on November 6, 1989, to ban the sale of spray paint to youths 18 years of age and younger for a period of one year; enforcement to be handled administratively. Upon roll call, the vote was: AYES: 3-Schneck, Hardiman, Chiropolos NAYS: 5 -Childers, Christiansen, Wetter, Sarlo, Haupt ABSENT: 0 -None Motion declared failed. ADJOURNMENT: Moved by Hardiman, seconded by Haupt, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:40 P.M. APPROVED BY ME THIS DAY OF Donna McAllister, A4a2,0 D. Michael Albrecht, MAYOR MC/AAE - CITY CLERK