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031891CALL TO ORDER: ROLL CALL: 25. 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, MARCH 18, 1991 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, March 18, 1991. Roll call indicated the following aldermen present: Childers, Christiansen, Schneck, Hardiman, Chiropolos, Haupt. Aldermen Healy and Sarlo were absent. Alderman Healy arrived at 8:12 p.m. Also present were: City Treasurer Fredricks, City Manager Asaro, City Comptroller Peters, Commissioner of Public Works Matula, Fire Chief Clark, Police Chief Storm, Municipal Development Director Pagones, City Engineer Oakley, Human Resources and Services Director Panouses, and City Attorney Kolman. PRAYER AND PLEDGE: MINUTES: BILLS PAYABLE: 1991 APPROPRIATIONS: TRANSFER OF FUNDS: The opening prayer was given by Pastor Paul Haberstock, Immanuel Lutheran Church, followed by the Pledge of Allegiance to the Flag. Moved by Chiropolos, seconded by Schneck, to approve minutes of regular meeting of the City Council held March 4, 1991, as published. Motion declared carried. Moved by Schneck, seconded by Chiropolos, to approve minutes of executive session of the City Council held March 4, 1991. Motion declared carried. Moved by Schneck, seconded ~y 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: $1,477,898.95. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Sarlo Motion declared carried. Moved by Schneck, seconded by Christiansen, to adopt recommendation of Committee of the Whole to approve the proposed 1991 Appropriations in the amount of $39,798,603, and Ordinance M-4-91 be adopted at appropriate time this evening. Upon roll call, the vote was: AYES: 6-Christiansen, Healy, Schneck, Hardiman, Chiropolos, Albrecht NAYS: 2-Childers, Haupt ABSENT: 1-Sarlo Motion declared carried. Moved by Schneck, seconded by Christiansen, to adopt recommendation of Committee of the Whole that Ordinance M-5-91 regarding the Transfer of Funds be adopted at appropriate time this evening. Upon roll call, the vote was: AYES: 6-Christiansen, Healy, Schneck, Hardiman Chiropolos, Haupt NAYS: 1-Childers ABSENT: 1-Sarlo Motion declared carried. PORCH VARIATION/ 589 THIRD: SEEGERS- BROADWAY /RAND- THIRD WATER MAIN IMPROVE.: AUTHORIZATION TO BID/ PRAIRIE LAKES PARK OUTFALL STORM SEWERS: BIDS/CELLULAR TELEMETRY TELEPHONES: (Fire Dept.) SALE OF SURPLUS FIRE EQUIPMENT: AMENDMENTS/ PARKING ORD.: PAGE TWO 26. 3/18/91 Moved by Christiansen, seconded by Schneck, to adopt recommendation of Building Code Committee that property owner at 589 N. Third Avenue be fined $500 and double permit fee for construction of a covered enclosed rear porch and outside staircase entrance into the basement without permit, property owner to submit to the City a letter from his architect stating that the staircase was built as per the drawing submitted to the Building 1 Department, and have a trench foundation, 12" wide x 42" deep installed on the three sides of the porch. Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee to award con- tract for Seegers-Broadway/Rand-Third Water Main Improvements to low bidder, Northwest Sewer & Water, 369 Wood Dale Road, Wood Dale, IL 60919, in the amount of $145,248.75/Water Fund, and bid bonds/checks be returned to unsuccessful bidders. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Sarlo Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt recommendation of Engineering Committee that City Clerk be authorized to advertise for bids for Prairie Lakes Park Outfall Storm Sewers, returnable by 3:00 p.m. on Tuesday, April 9, 1991. Motion declared carried. Moved by Hardiman, seconded by Chiropolos, to adopt recommendation of Public Safety Committee to reject two bids received for four (4) cellular telemetry telephones (November 28, 1990 bid date), and go out again for bids at a later date. Motion declared carried. Moved by Hardiman, seconded by Chiropolso, to adopt recommendation of Public Safety Committee to accept bid for 1981 Chevrolet Van from Business Equipment House, 5647 W. Diversey Avenue, Chicago, IL 60639, in the amount of $511 (no bids were received for 1962 and 1963 fire engines). Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Sarlo Motion declared carried. Moved by Hardiman, seconded by Chiropolos, to adopt recommendation of Public Safety Committee that various sections of Chapter X of the City Code be amended to reflect name change of Nuclear Drive to Clearwater Drive (M-3-91), and various sections of Chapter X of the City Code be amended to delete restrictions on Everett Avenue and Ash Street resulting from adoption of Ordinance T-2-92, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. JULY 4TH PARADE: EMERGENCY REPAIR/POLICE DEPARTMENT GENERATOR: BID/LIGHT DUTY TRUCKS: ZONING CASE 91-4-SU-SU-V/ 680 WOLF RD.: REAL ESTATE SIGNS ON CITY PROPERTY: LIQUOR LICENSE/ 727 W. GOLF: LIQ. LIC./ 1881 OAKTON: PAGE THREE 27. 3/18/91 Moved by Childers, seconded by Healy, to adopt the recommendation of Public Works Committee to grant request from Des Plaines Chamber of Commerce to hold their Annual Independence Day Parade on July 4, 1991 on Lee-Mannheim Road between Oakton Street and Prairie Avenue beginning at 10:30 a.m. (Engineering Committee to meet re resolution to close this state route), and the Chamber to provide insurance to hold the City harmless from accidents and/or ·injuries as a result of the parade. Motion declared carried. Moved by Childers, seconded by Healy, to adopt the recommendation of Public Works Committee to ratify Purchase Order #67375 to Patten Power Systems, 615 W. Lake Street, Elmhurst, IL 60126, in the amount of $6,488.61 for emergency repair of Police Department generator and rental of auxiliary generator. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Sarlo Motion declared carried. Moved by Childers, seconded by Healy, to adopt the recommendation of Public Works Committee to award bid for purchase of four (4) light duty trucks to lowest bidder to meet required specifications, Z-Frank Chevrolet, Inc., 6060 N. Western Avenue, Chicago, IL 60659, in the amount of $64,737.08 (which includes two additional items -an auxiliary battery for $134 and an emergency light self-leveling bracket for $43). Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Sarlo Motion declared carried. Moved by Childers, seconded by Haupt, to adopt the recommendation of Municipal Development Committee to concur with recommendation of Des Plaines Plan Commission and Zoning Board of Appeals re Case 91-4-SU-SU-V to allow gas station and car wash on pro- perty located at 680 N. Wolf Road (Phillips 66 Company), and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Childers, seconded by Haupt, to adopt the recommendation of Municipal Development Committee that City Attorney be authorized to review the City Code and draft recommended ordinance re placement of real estate signs on City property, and report back to committee. Motion declared carried. Moved by Haupt, seconded by Schneck, to adopt the recommendation of License & Judicial Committee to accept revised floor plan from Butera Finer Foods, 727 W. Golf Road, showing a designated checkout register in their liquor department as now required under Ordinance M-44-90, and Butera be given until May 7, 1991 to comply. Motion declared carried Moved by Haupt, seconded by Schneck, to adopt the recommendation of License & Judicial Committee to grant request for Class E Liquor License for property located at 1881 Oakton Street, d/b/a Ceaser's Restaurant, contingent upon verification of fingerprints. Motion declared carried. EXECUTIVE SESSION: ORDINANCE B-1-91 VENTILATION REQ.-SINGLE FAM. RES ID.: ORDINANCE B-2-91 VENTING- CHIMNEYS, FLUES AND VENTS: ORDINANCE B-3-91 FIRE-RESISTIVE CONST. REQ. : ORDINANCE B-4-91 GRADE REQUIRE. PRIOR TO OCCUP. PERMIT: PAGE FOUR 28. 3/18/91 Moved by Healy, seconded by Chiropolos, to go into Executive Session to discuss litigation, land acqu_ sition and personnel. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Sarlo Motion declared carried. Council recessed at 8:55 p.m. Council reconvened at 9:50 p.m. Roll call indicated the following aldermen present: Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt. Moved by Schneck, seconded by Chiropolos, to adopt Ordinance B-1-91, AN ORDINANCE AMENDING SECTION 35.19 ("MECHANICAL EXHAUST") OF TITLE XXXV ("HEATING, MECHANICAL VENTILATION, AND REFRIGERATION REQUIREMENTS') OF THE CITY OF DES PLAINES BUILDING CODE AND ORDINANCE BY ADDING NEW SUBSECTIONS 35.19-3 ("EXCEPTION") AND 35.19-4 ("SINGLE FAMILY RESIDENTIAL DRYER VENTILATION REQUIREMENTS."). Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Sarlo Motion declared carried. Moved by Christiansen, seconded by Chiropolos, to adopt Ordinance B-2-91, AN ORDINANCE AMENDING SECTION 34.12-1 ("VENTING REQUIRED") OF ARTICLE XXXIV ("CHIMNEYS, FLUES AND VENTS") OF THE CITY OF DES PLAINE~ BUILDING CODE AND ORDINANCE. Upon roll call, the vote was: AYES: NAYS: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt 0-None ABSENT: 1-Sarlo Motion declared carried. Moved by Christiansen, seconded by Schneck, to adopt Ordinance B-3-91, AND ORDINANCE AMENDING SECTIONS 20.7-1-b. (2) AND 20.7-2 OF ARTICLE XX ("FIRE-RESISTIVE CONSTRUCTION REQUIREMENTS") OF THE CITY OF DES PLAINES BUILDING CODE & ORDINANCE. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Sarlo Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt Ordinance B-4-91, AN ORDINANCE AMENDING SECTION 38.5 OF ARTICLE XXXVIII ("GRADE REQUIREMENTS") OF THE CITY OF DES PLAINES BUILDING CODE AND ORDINANCE BY ADDING SUBSECTIONS 38. 5 (a) I (b) AND (c) . Upon roll cal 1, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Sarlo Motion declared carried. f)A \ ORDINANCE B-5-91 STORM DRAINS: ORDINANCE M-1-91 RADLEIN BASIN: ORDINANCE M-2-91 FIRE & AMBUL. SVS. OUTSIDE CITY LIMITS: ORDINANCE M-4-91 1991 APPROPRIATIONS: ORDINANCE M-5-91 TRANSFER OF FUNDS: ORDINANCE M-6-91 TRANSFER OF ESDA EQP. : PAGE FIVE 29. 3/18/91 Moved by Chiropolos, seconded by Christiansen, to adopt Ordinance B-5-91, AN ORDINANCE AMENDING SECTION 36.13 ("STORM DRAINS") OF ARTICLE XXXVI ("SANITATION AND PLUMBING REQUIREMENTS") OF THE CITY OF DES PLAINES BUILDING CODE AND ORDINANCE IN ITS ENTIRETY. Upon roll call, AYES: NAYS: the vote was: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt 0-None ABSENT: 1-Sarlo Motion declared carried. Moved by Chiropolos, seconded by Christiansen, to adopt Ordinance M-1-91, AN ORDINANCE NAMING THE DETENTION BASIN, LOCATED ON ESSER COURT, THE "RADLEIN DETENTION BASIN" (name may be slightly changed in the future). Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Sarlo Motion declared carried. Moved by Schneck, seconded by Chiropolos, to adopt Ordinance M-2-91, AN ORDINANCE AMENDING TITLE VII OF THE CITY CODE OF DES PLAINES BY ADDING THERETO A NEW CHAPTER 17 PERTAINING TO FIRE AND AMBULANCE SERVICE OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Sarlo Motion declared carried. Moved by Schneck, seconded by Christiansen, to waive First Reading and place on passage Ordinance M-4-91. Motion declared carried. Alderman Childers voted no. Moved by Schneck, seconded by Christiansen, to adopt Ordinance M-4-91, AN ORDINANCE MARKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR ENDING DECEMBER 31, 1991. Upon roll call, the vote was: AYES: 6-Christiansen, Healy, Schneck, Hardiman, Chiropolos, Albrecht NAYS: 2-Childers Haupt ABSENT: 1-Sarlo Motion declared carried. Moved by Schneck, seconded by Christiansen, to waive First Reading and place on passage Ordinance M-5-91. Motion declared carried. Alderman Childers voted no. Moved by Schneck, seconded by Christiansen, to adopt Ordinance M-5-91, AN ORDINANCE PROVIDING FOR THE TRANSFER OF APPROPRIATION WITHIN FUNDS. Upon roll call, the vote was: AYES: 6-Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 1-Childers ABSENT: 1-Sarlo Motion declared carried. Placed on First Reading was Ordinance M-6-91, AN ORDINANCE AUTHORIZING THE TRANSFER OF PERSONAL PROPERTY TO THE DUPAGE COUNTY EMERGENCY SERVICES AND DISASTER AGENCY ("DUPAGE COUNTY ESDA") ORDINANCE M-8-91 GARBAGE-YARD WASTE-RECYCL. UPDATE: ORDINANCE Z-2-91 SPECIAL USE & VARIATION/ 623 WOLF RD.: ORDINANCE Z-3-91 SPECIAL USE & VARIATION/ 1242 LEE ST.: ORDINANCE Z-4-91 CHANGE IN PUD/PRIME: ADVERTISING FOR BIDS: MARYVILLE PERMITS: LATE CHARGES/ NON-WATER UTILITIES: PAGE SIX 30. 3/18/91 Placed on First Reading was Ordinance M-8-91, AN ORDINANCE AMENDING CHAPTER 4, TITLE VIII ("GARBAGE, YARD WASTE AND COMPOSTING") OF THE CITY CODE OF DES PLAINES BY AMENDING SECTIONS 8-4-2, 8-4-3(E) (1), 8-4-3(F), 8-4-10 AND 8-4-12. Moved by Haupt, seconded by Schneck, to waive First Reading and place on passage Ordinance Z-2-91. Motion declared carried. Alderman Chiropolos voted no. Moved by Haupt, seconded by Schneck, to adopt Ordinance Z-2-91, AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO SECTION 8.1 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE ESTABLISHMENT OF A CLASS B RESTAURANT AND A VARIATION TO SECTION 9.1.7.2.2.11.2 TO PERMIT A REDUCTION IN THE REQUIRED AMOUNT OF PARKING SPACES IN A C-2 COMMERCIAL DISTRICT ON PROPERTY COMMONLY KNOWN AS 623 NORTH WOLF ROAD (CHIK N RIBS EXPRESS) ( 91-2-SU-V) . Upon roll cal 1, the vote was: AYES: 5-Chirstiansen, Healy, Schneck, Hardiman, Haupt NAYS: 1-Chiropolos ABSTAIN:l-Childers (conflict of interest) ABSENT: 1-Sarlo Motion declared carried. Moved by Christiansen, seconded by Schneck, to waive First Reading and place on passage Ordinance Z-3-91. Motion declared carried. Moved by Christiansen, seconded by Schneck, to adopt Ordinance Z-3-91, AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO SECTION 4.1.2.19.9 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE DEMOLITION OF THE EXISTING BURGER KING AND CONSTRUCTION OF A NEW BURGER KING AND A VARIATION TO SECTION 9.1.7.2.2.11.2 TO PERMIT A REDUCTION IN THE REQUIRED AMOUNT OF PARKING SPACES IN A C-2 COMMERCIAL DISTRICT ON PROPERTY COMI-ONLY KNOWN AS 1242 LEE STREET (91-3-SU-V). Upon roll call, the vote was: AYES: 7-Childers, Christiansen, Healy, Schneck, Hardiman, Chiropolos, Haupt NAYS: 0-None ABSENT: 1-Sarlo Motion declared carried. Placed on First Reading was Ordinance Z-4-91, AN ORDINANCE AMENDING ORDINANCE NO. Z-18-89, WHICH GOVERNS THE DEVELOPMENT AND USE OF THE PROPERTY COMMONLY KNOWN AS 800 SOUTH RIVER ROAD TO ALLOW FOR CHANGES IN THE PLANNED UNIT DEVELOPMENT AND CERTAIN VARIATIONS TO THE CITY OF DES PLAINES ZONING ORDINANCE ("RIVER OAKS") (91-1-PUD). The City Clerk's office will be advertising for bids for Lot Mowing, Curb Replacement, Water Tower Painting, and purchase of two (2) Leaf Loaders, returnable by 3:00 p.m. on Thursday, April 4, 1991. Mayor Albrecht referred letter from Maryville City of Youth re waiver of building permit for their building project to the Building Code Committee. Mayor Albrecht referred the matter of late charges for non-water utilities to the Public Works Committee. APPOINTMENTS/ REAPPOINTMENTS: ADJOURNMENT: PAGE SEVEN 31. 3/18/91 Letters from Mayor Albrecht re appointments to the Electrical Commission as follows: David Braun Michael Hardiman Richard W. Hassman Thomas L. Schiro Jerry Zygowicz will come before the Council on April 1, 1991. Letters from Mayor Albrecht re reappointments to the Human Services Commission as follows: Janet Evans Shirley Eilken Vince Powers and appointment of Earl W. Charneske, Jr. to replace Bud Bonk, who has resigned, will come before the Council on April 1, 1991. Moved by Childers, seonded by Chiropolos, to concur with Mayor Albrecht's appointment of Terry Langan to the Economic Development Commission, term to expire December 5, 1994. Moved by Healy, seconded by Christiansen, to concur with Mayor Albrecht's reappointment of Ted Sherwood to the Economic Development Commission, term to expire December 5, 1994. Moved by Christiansen, seconded by Healy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:10 p.m. ~~~~:~CITY CLERK APPROVED BY ME THIS 'D' DAY OF (ili~ ) I 1991 . l/$L~// M;eiAlbre~