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12/01/1980MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CIVIC CENTER, MONDAY, December 1, 1980 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines was called to order by City Clerk Rohrbach at 8:07 P.M. in the Council Chambers, Civic Center, on Monday, December 1, 1980 ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan Also present were: City Treasurer Swanson, City Comptroller Blietz, Commissioner of Public Works Matula, Fire Chief Gedroic, Police Captain Clark, Director of Zoning and Planning Richardson, Traffic Engineer Crowley, Environmental Officer Lindahl, License Officer Hinde, and City Attorney Smith PRAYER AND PLEDGE ELECTION CHAIRMAN PRO -TEM MINUTES: 1 PRESENTATION IPotter & Dempster Annual Financial Report ENVIRONMENTAL PATCHES BILLS PAYABLE INDUSTRIAL DEV. BONDS INDUSTRIAL DEV. BONDS Tash, Inc. 450 E. Jarvis The meeting opened with prayer by Rev. C. Edwin Boone, pastor of Immanuel Community Baptist Church, following a momentof silence in memory of Mr. Raymond Miller who passed away the previous week, followed by the Pledge of Allegiance to the flag. Moved by Dwiel, seconded by Koplos, to nominate Alderman Seitz to serve as Chairman Pro -Tem. Moved by Koplos, seconded by Kehe, to close nominations and elect Alderman Seitz Chairman Pro -Tem for this meeting. Motion declared carried. Alderman Seitz assumed the chair. Moved by Sarlo, seconded by Tomaszewski, to approve the Minutes of the regular meeting held November 17, 1980 as published. Motion declared carried. Alderman Ward presented to City Comptroller Blietz a framed Certificate Award from the Municipal Finance Officer's Association for the City's Annual Financial Report for 1979. Environmental Officer Lindahl presented Environmental Patches to his son representing Boy Scout Troop #6 for their contribution in the Des Plaines River Clean Up program. Moved by Ward, 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, $628,814.87. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Ward, seconded by Koplos, to adopt the recommendation of Finance and insurance Committee to refer to the adminis- tration and Benjamin and Lang Bond Consultants the application of O'Hare Office Park, Potter and Dempster, for a $5 million Industrial Development Bond Issue. Motion declared carried. Alderman Egan voted No Moved by Ward, seconded by Birchfield, to adopt the recommenda- tion of Finance and Insurance Committee to authorize the administration and Benjamin & Lang Bond Consultants to investigate the application of Tash, Inc., 450 E. Jarvis for a $1,750,000 Industrial Development Bond Issue, and further to place on First Reading this evening Ordinance M-64-80 Agreeing to issue Industrial Development Revenue Bonds (Tash, Inc.) with the provision that there is no d% INDUSTRIAL DEV. BONDS Tash, Inc. Continued ZONING CASE 80-49-R 750 E. Northwest Hwy. 12/1/80 Page Two 24 committment of the City Council to approve the bond issue implied or no legal responsibility to approve in the placement of the ordinance on First Reading this evening. Division of the question was requested. Motion declared carried on the question to authorize investigation of the application. Motion declared carried to place Ordinance M-64-80 on first reading with the provision as stated above. Alderman Egan voted No on both questions. Ald. Dwiel voted No on the question to place Ord. M-64-80 on First Reading at this meeting. Moved by Meyer, seconded by Kolinski, to adopt the recom- mendation of Municipal Development Committee to concur with Zoning Board of Appeals in Case 80-49-R, to rezone property located at 750 E. Northwest Highway to M-1 Restricted Manufacturing District, and further to notify City Council that the Committee recommends passage of the ordinance at the next meeting. Motion declared carried. Ald. Koplos assumed the Chair at this time to allow Ald. Seitz to move the recommendation of City Code and Judiciary Committee. LEWD Moved by Seitz, seconded by Kisslinger, to adopt the recom- ENTERTAINMENT mendation of City Code and Judiciary Committee that Ordinance M-58-80 pertaining to Lewd Entertainment be adopted by the City Council and placed on First Reading at this meeting for passage. Motion declared carried. SUIT Gherardini VS Police Officers O'Connell & Ryan LIME SLUDGE REMOVAL Moved by Seitz, seconded by Sarlo, to adopt the recommendation of City Code and Judiciary Committee to authorize retaining Attorney Erwin Jentsch to defend Police Officers O'Connell and Ryan in suit filed against them by Gherardini. Motion declared carried. Matter of hiring two attorneys in connection with suits filed against City officers wherein insurance coverage may be involved was referred to City Code and Judiciary Committee. Alderman Seitz resumed the Chair Moved by Koplos, seconded by Sarlo, to adopt the recommenda- tion of Water and Sewer Committee that the City pay Albrecht Enterprises, Inc. on the basis of 1918 cubic yards sludge removed from the Thacker Street Water Plant site at the rate of $6.90 per cubic yard as stipulated in the Lime Sludge Removal Contract awarded by the City Council on February 4, 1980. Upon roll call, the vote was: AYES: - 13 - Koplos, Kolinski, Kehe, Ensign, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 3 - Dwiel, Whetstone, Prellberg ABSENT: 0 - None Motion declared carried OFF STREET Moved by Kehe, seconded by Erbach, to adopt the recommenda- TRAFFIC tion of Police Committee to enter into Off Street Traffic ENFORCEMENT and Parking Enforcement agreements with owners of property located at the following: 929 Oakton St. 9331/2 Oakton St. 933 Oakton Street 935 Oakton Street - S. W. Corner of Oakton & Webster Lane. Motion declared carried. RADIO MAINTENANCE Police Dept. Moved by Kehe, seconded by Prellberg, to adopt the recommenda- tion of Police Committee to advertise for bids returnable January 16, 1981 for Radio Maintenance for the Police Dept. Motion declared carried. Referred to Police Committee was the combining of all /f Departments into one Radio Maintenance contract. //(/ %0 12/1/80 Page Three 25 FIRE DEPT Moved by Dwiel, seconded by Koplos, to adopt the recommenda- Physical tion of Fire and Civil Defense Committee that the City Fitness enter into a contract with Northeastern University for Program a Comprehensive Physical Fitness Program, for the Fire Department and 20 additional employees at a cost of $5,520, costs to be charged to Medical Insurance Premium account, which will include as well a Physical Fitness examination and medical examinations to be reviewed by Ellinwood Medical Association who are hereby authorized to conduct any further physical examinations as necessary, with the provision that the results of the examinations will not be used for disciplinary measures. Upon roll call, the vote was: AYES: 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT:0 - None Motion declared carried. PUBLIC WORKS Moved by Erbach, seconded by Tomaszewski, to adopt the recom- BUILDING mendation of Building and Grounds Committee to authorize Rooftop Heater the purchase and installation of a rooftop make-up air heater for the Public Works Building, awarding the contract to Aleyden Automatic Air, in the amount of $4,996.00, waiving the usual bid procedure. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward NAYS: 1 - Egan ABSENT: 0 - None Motion declared carried. YOUTH Moved by Egan, seconded by Sarlo, to adopt the recommendation IACTIVITY of Youth Activity Committee that the City enter into a PROGRAM an agreement with Des Plaines Park District to coordinate and supervise the youth activities for the year, 1981, and authorize Mayor and City Clerk to sign said agreement. Motion declared carried. ORDINANCE Z-26-80 Accessory Bldgs. Moved by Ensign, seconded by Erbach, to adopt Ordinance Z-26-80, AN ORDINANCE AMENDING THE TEXT OF ARTICLE 3 _ RESIDENT DISTRICT REGULATIONS, THEREBY ADDING CHANGES IN WORDAGE TO SECTION 3.1.2.11, HAVING TO DO WITH ACCESSORY BUILDINGS., CASE NO. 80-41-A. Moved by Kolinski, seconded by Prellberg, to amend Section 3.1.2.11 to include that "where said accessory buildings are abutting or attached thereto, accessory buildings must have a five foot set back." Motion to amend declared lost. Upon roll call on the motion to pass Ordinance Z-26-80, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tpmaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. IORDINANCE Moved by Dwiel, seconded by Kehe, to pass Ordinance M-54-80, M-54-80 AN ORDINANCE INCREASING CLASS A TAVERN LIQUOR DEALER'S Liquor Lic. LICENSES BY ONE (1) THEREBY AMENDING SECTION 5-34-16 OF Centaur THE DES PLAINES CITY CODE (Centaur Restaurant). Upon roll Restaurant call, the vote was: AYES: - 14 - Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Seitz, Ward, Egan NAYS: 2 - Koplos, Meyer ABSENT: 0 - None Motion declared carried. 1/ ORDINANCE M-55-80 Cats ORDINANCE M-56-80 Dog Regulations ORDINANCE M-57-80 Alderman Compensation IORDINANCE M-59-80 Industrial Dev. Rev. Bonds Thomas J. Lipton, Inc. 4th July Activities payment LICENSING OF CATS RESOLUTION R-35-80 Animals Board Cremation ORDINANCE M-60-80 Consumer Protection Commission 12/1/80 26. Page Four Moved by Ensign, seconded by Meyer, to pass Ordinance M-55-80 AN ORDINANCE AMENDING SECTION 6-3-17 (C) OF THE DES PLAINES CITY CODE HAVING TO DO WITH THE IMPOUNDMENT OF CATS, THEREBY INCREASING THE REDEMPTION FEE TO $10.00. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Kehe, seconded by Dwiel, to pass Ordinance M-56-80 AN ORDINANCE AMENDING CHAPTER 4, TITLE VI, OF THE DES PLAINES CITY CODE HAVING TO DO WITH IMPOUNDING ANIMALS. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Kehe, seconded by Dwiel, to pass Ordinance M-57-80, AN ORDINANCE AMENDING SECTIONS 1-6-23 AND 1-15-4 (B) 1. OF THE DES PLAINES CITY CODE, PERTAINING TO COMPENSATION. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Ward, seconded by Erbach, to pass Ordinance M-59-80 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $2,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (THOMAS J. LIPTON, INC. PROJECT) SERIES A. OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, TO FINANCE CERTAIN BUILDINGS, STRUCTURES AND OTHER FACILITIES FOR USE BY LAWRY'S FOODS, INC. A WHOLLY-OWNED SUBSIDIARY OF THOMAS J. LIPTON, INC.: THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS: THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THOMAS J. LIPTON, INC. AND SAID CITY PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS: AND RELATED MATTERS. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward NAYS: - Egan ABSENT: 0 - None Motion declared carried. Letter from Board of Directors, Des Plaines Chamber of Commerce and Industry re 1981 Fourth of July activities and suggestions for payment thereof was referred to Finance and Insurance and Water and Sewer Committee. The matter of licensing cats was referred to City Code and Judiciary Committee. Moved by Kehe, seconded by Prellberg, to adopt Resolution R-35-80, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HAVING TO DO WITH FEES FOR REDEEMING IMPOUNDED ANIMALS. Motion declared carried. Placed on First Reading was Ordinance M-60-80, AN ORDINANCE AMENDING SECTION 2-21-9 OF THE DES PLAINES CITY CODE, PERTAINING TO THE POWERS OF THE CONSUMER PROTECTION COMMISSION THEREBY ADDING SUBSECTION 2-21-9 (I) HAVING TO DO WITH SUBPOENA POWERS. 1 ORDINANCE M-61-80 License Fees ORDINANCE M-62-80 Elected Officials Salaries ORDINANCE M-63-80 Office of City Clerk ORDINANCE M-64-80 Ind. Rev.Bonds Tash, Inc. ORDINANCE M-65-80 Merkle - Korff Industries ORDINANCE M-58-80 Lewd Entertainment ORDINANCE Z-27-80 1509 Des Plaines Ave. 12/1/80 Page Five 27 Placed on First Reading was Ordinance M-61-80, AN ORDINANCE AMENDING SECTION 5-1-3.1 OF CHAPTER 1, TITLE V, OF THE DES PLAINES CITY CODE, THEREBY INCREASING CERTAIN FEES WITHIN THE SCHEDULE OF FEES. Moved by Koplos, seconded by Dwiel, to waive First Reading and place on passage Ordinance M-62-80, AN ORDINANCE AMENDING SECTION 1-15-4 (B) 1. OF THE DES PLAINES CITY CODE HAVING TO DO WITH SALARIES OF ELECTED OFFICIALS. d P Moved by Kisslinger, seconded by Koplos, to amend Section 1 of Ordinance M-62-80, changing the salary of Mayor from $40,000 per year to $6,000 per year. Upon roll call on the motion to amend, the vote was: AYES: - 7 - Koplos, Kisslinger, Birchfield, Tomaszewski, Sarlo, Meyer, Ward NAYS: 9 - Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg Erbach, Seitz, Egan ABSENT: 0 - None Motion declared lost Moved by Meyer, seconded by Birchfield, to amend the salaries of Mayor and Clerk to be increased at the rate 6% per year for the next four years, from the present rate for the Office the vote to amend was: Birchfield, Tomaszewski, of of $32,500 for office of Mayor and $19,500 of City Clerk. Upon roll call, AYES: - 7 - Koplos, Kisslinger, Sarlo, Meyer, Ward 9 - Kolinski, Dwiel, Kehe, Erbach, Seitz, Egan ABSENT: 0 - None • Motion to amend declared lost Upon roll call on motion by Ensign, seconded by Kehe, to pass Ordinance M-62-80, the vote was: AYES: - 8 - Dwiel, Kehe, Ensign, Whetstone, Prellberg, Erbach, Seitz, Egan NAYS: 8 - Koplos, Kolinski, Kisslinger, Birchfield, Tomaszewski, Sarlo, Meyer, Ward ABSENT: 0 - None Motion declared lost - No Action. NAYS: Ensign, Whetstone, Prellberg Placed on First Reading was Ordinance M-63-80, AN ORDINANCE CALLING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF DES PLAINES, AT THE NEXT REGULAR ELECTION, THE QUESTION OF MAKING THE ELECTED OFFICE OF CITY CLERK AN APPOINTED OFFICE. Placed on First Reading was Ordinance M-64-80, AN ORDINANCE AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Tash, Inc.) Placed on First Reading was Ordinance M-65-80, AN ORDINANCE AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (MERKLE-KORFF INDUSTRIES, INC.). Moved by Meyer, seconded by Ensign, to waive First Reading and place on passage Ordinance M-58-80, AN ORDINANCE CREATING A NEW SUB -SECTION 5-34-37 TO CHAPTER 34, TITLE V, OF THE DES PLAINES CITY CODE, PERTAINING TO LEWD ENTERTAINMENT. Motion declared carried. Moved by Meyer, seconded by Sarlo, to pass Ordinance M-58-80. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Placed on First Reading was Ordinance Z-27-80, AN ORDINANCE GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE NO. 80-46-V (1509 Des Plaines Avenue.) 12/1/80 28. Page Six LIQUOR Liquor License application from Silver Dragon, Inc., LICENSE 668 N. Wolf Rd. for a Class E liquor license was referred Silver to License and Inspection Committee. Dragon, Inc. CATV Inst. Task Force Institutional Use of Cable Television„_ 'asitcFozcerepOrtawas referred to License and Inspection Committee. MAILGRAM Mailgram from Cablenet, Inc. was referred to License and CABLENET, INC. Inspection Committee. LEAF PICK UP Commissioner of Public Works Matula's report on cost of 1980 leaf pick-up program was referred to Sanitation Committee. RAFFLES/ City Attorney's request for re -study of the Lottery/Raffles LOTTERY Ordinance was referred to License and Inspection Committee. ORDINANCE RESOLUTION Moved by Whetstone, seconded by Kolinski, to adopt a District #62 Resolution requesting that School District #62 not close School any schools in the district for a period of two years. Closings Following much discussion, motion declared lost. EMPLOYEE CHRISTMAS PARTY Ald. Kolinski's request that a Christmas "get-together" for those employees who are unable to attend the Employee Christmas Party due to work responsibilities was referred to Finance and Insurance Committee. ADJOURNMENT: Moved by Koplos, seconded by Ensign, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:1P.M. 02 APPROVED B ME THIS DAA 1980 HERBERT H. VOLBERDING, SR., MAYOR