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03/16/198162. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CIVIC CENTER, MONDAY, March 16, 1981 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines was called to order by Mayor Herbert H. Volberding, Sr. in the Council Chambers, Civic Center, at 8:07 P.M. on Monday, March 16, 1981. 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 Comptroller Blietz, Commissioner of Public Works Matula, Health Director Branding, Fire Chief Gedroic, Police Chief Alfano, Building Commissioner Trost, Director of Zoning and Planning Richardson, City Engineer Bowen, Traffic Engineer Crowley, Senior Citizen Coordinator Tapson, License Officer Hinde, Police Lt. Scheskie, Environmental Officer Lindahl, and City Attorney Smith. PRAYER AND The meeting opened with prayer by Rev. James Bauman of PLEDGE Immanuel Lutheran Church, followed by the Pledge of Allegiance to the flag. MINUTES: Moved by Sarlo, seconded by Tomaszewski, to approve the Minutes of the regular meeting held March 2, 1981, as published. Motion declared carried. BILLS Moved by Ward, seconded by Seitz, to adopt the following PAYABLE 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, $243,011.38. 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. CHECKS FOR Moved by Ward, seconded by Seitz, to adopt the recommendation OIL of Finance and Insurance Committee to authorize the Administration to issue checks to Amoco Oil Company as bills are received to save certain fees. 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. EMPLOYEE Moved by Ward, seconded by Seitz, to adopt the recommendation BENEFIT of Finance and Insurance Committee to authorize the issuance CLAIMS of a check in the amount of $5,000 payable to Employee Benefit Claims to be deposited in First National Bank of Chicago, due to closing of Des Plaines Bank in which an account of $17,000 will be re-imbursed at a later date. Upon roll call, the vote was: AYES: - 15 - Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None ABSTAIN: 1 - Ald. Koplos, as he is a stockholder of the First National Bank of Chicago Motion declared carried. DES PLAINES BANK Moved by Ward, seconded by Koplos, to remove the name of Des Plaines Bank as an authorized depository for the City of Des Plaines. Motion declared carried. ibo 3/16/81 Page Two 63. ADVERTISING Moved by Ward, seconded by Seitz, to adopt the recommendation Des Plaines of Finance and Insurance Committee to re -affirm the City's Journal long-standing policy not to purchase advertising in news publications or supplements. Motion declared carried. LIME Moved by Koplos, seconded by Kisslinger, to adopt the recommendation of Water and Sewer Committee to award the contract for purchase of lime to the only bidder, Marblehead Lime Co., at the rate of $59.56 per ton delivered. 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. REPAIRS Moved by Koplos, seconded by Sarlo, to adopt the recommenda- Maple St. tion of Water and Sewer Committee to ratify previous action Pumping authorized by the Mayor to make all necessary emergency Station repairs to Booster Pump No. 3 at the Maple Street Pumping Pump Station, and to authorize payment of $4,391.04 to Layne -Western Co., 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. WATER Moved by Koplos, seconded by Sarlo, to adopt the recommenda- ALLOCATION tion of Water and Sewer Committee to authorize the Mayor I.D.O.T. and City Clerk to sign the necessary documents submitted by I.D.O.T., Division of Water Resources and referred to as Lake Michigan Allocation Permit No. 044. 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. WIEBOLDT Moved by Ensign, seconded by Tomaszewski, to adopt the STORES, INC. recommendation of Building Control and Inspection Committee Warehouse to grant permission to Wieboldt Stores, Inc. to park a Sale trailer with a banner at the intersection of Wolf Road and Weiboldt Drive for Annual Warehouse sale on May 15, 16, 17, and 18, 1981, providing the exact location receives the approval of the Des Plaines Police Department and that a permit for a temporary sign is obtained. Motion declared carried. SCAVELLI Moved by Ensign, seconded by Tomaszewski, to adopt the SUBDIVISION recommendation of Building Control and Inspection Committee 1875 Howard to adopt the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE CITY ATTORNEY BE AND IS HEREBY AUTHORIZED TO TAKE THE NECESSARY LEGAL ACTION TO CONFISCATE LETTER OF CREDIT FOR SCAVELLI SUBDIVISION LOCATED AT 1875 HOWARD STREET, CITY OF DES PLAINES FINDING OWNER/DEVELOPER TO BE IN DEFAULT. Motion declared carried. RESOLUTION Moved by Ensign, seconded by Seitz, to adopt the recommenda- R-`-7-81 tion of Building Control and Inspection Committee to Wolf Pt. adopt Resolution R-7-81, A RESOLUTION OF THE CITY COUNCIL Subdivision OF THE CITY OF DES PLAINES FINDING THE WOLF POINT SUBDIVISION OWNER/DEVELOPER TO BE IN DEFAULT. Motion declared carried. RESOLUTION R-8-81 Evergreen Ct. Subdivision Moved by Ensign, seconded by Seitz, to adopt the recommenda- of Building Control and Inspection Committee to adopt Resolution R-8-81, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES FINDING THE EVERGREEN COURT SUBDIVISION OWNER/DEVELOPER TO -BE IN DEFAULT. Motion declared carried. ZONING CASE 81-6-R 5117573 Des Plaines ZONING CASE 81-7-R 1300 Miner RIVER'S EDGE PUD ZONING FEES POLICE DEPT. EQUIPMENT 3 Radios SALE OF CITY PROPERTY Pearson & River MFT RESOLUTION North Suburban Mass Transit Dist. SOO LINE RR CROSSINGS 3/16/81 64. Page Three Moved by Meyer, seconded by Koplos, to adopt the recommenda- tion of Municipal Development Committee to concur with Zoning Board of Appeals to grant rezoning of property located at 511, 557, 563, and 573 Des Plaines Avenue to R-5 Central Core Multiple Family District, Case 81-6-R. Motion declared carried. Moved by Meyer, seconded by Koplos, to adopt the recommenda- tion of Municipal Development Committee to concur with Zoning Board of Appeals in Case 81-7-R, property located at 1300 Miner St., to rezone to C-2 Commercial District. Motion declared carried. Moved by Meyer, seconded by Koplos, to adopt the recommenda- tion of Municipal Development Committee to authorize Mayor and City Clerk to sign the second copy of Plat of Subdivision for River's Edge PUD for presentation to the Torren's Office indicating that all "common" areas in the PUD are labeled as "out Lot A", in order that they be identified in the same manner as the common area in the condominium agreement. Motion declared carried. Moved by Meyer, seconded by Koplos, to adopt the recommenda- tion of Municipal Development Committee to authorize City Attorney to draft necessary resolution waiving zoning fees for properties involuntarily annexed and effective April 1, 1981, any properties involuntarily annexed subsequent to that date must apply for rezoning within a 12 month period from date of annexation in order to receive a waiver of fees. Motion declared carried. Moved by Kehe, seconded by Whetstone, to adopt the recommenda- tion of Police Committee to purchase three radios for squad cars from Motorola Communications and Electronics Inc. for a total amount of $4,788.00, waiving the usual bid procedures. 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. Moved by Erbach, seconded by Tomaszewski, to adopt the recommendation of Building and Grounds Committee that the City take the necessary legal steps to offer for sale property located at the southwest quadrant of Pearson and River Roads. Upon roll call, the vote was: AYES: - 14 - Koplos, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward NAYS: 2 - Kolinski, Egan ABSENT: 0 - None Motion declared carried. Moved by Sarlo, seconded by Kehe, to adopt the recommendation of Streets and Traffic Committee to adopt a Supplemental Resolution 71-00093 TD appropriating $10,850.00 MFT funds for the North Suburban Mass Transit District. 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 Sarlo, seconded by Egan, to adopt the recommendation of Streets and Traffic Committee to authorize Mayor and City Clerk to sign necessary agreement to share in the cost of improving three Soo Line railroad crossings in the City, in the amount of $2.432.80, to be paid from Revenue Sharing Funds. 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 3/16/81 Page Four 65. IDOT Moved by Sarlo, seconded by Egan, to adopt the recommendation AGREEMENT of Streets and Traffic Committee to authorize Mayor and Maintenance City Clerk to sign Agreement with IDOT extending maintenance of Streets of Municipal Streets from July 1, 1981, to June 30, 1982, City to be reimbursed in the amount of $7,060.80. Motion declared carried. NORTH AVE. Moved by Sarlo, seconded by Kehe, to adopt the recommendation PARKING of Streets and Traffic Committee to prohibit parking on the RESTRICTIONS south side of North Avenue, allow all day parking on the north side of North Avenue, remove all alternate parking and signs prohibiting parking from 10 a.m. to 4 p.m., City Attorney to draft necessary ordinance. Moved by Koplos, seconded by Kolinski, to defer action. GARBAGE REFUSE Motion to adopt recommendation of Sanitation Committee to COLLECTION FEE grant request of Standard Disposal Service of Illinois, Inc. INCREASE a surcharge of fifty cents per home, over and above the City's current contract, effective March 1, 1981, was brought to the floor. Upon roll call, the vote was: AYES: - 9 - Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Birchfield, Erbach, Egan NAYS: 7 - Koplos, Kisslinger, Tomaszewski, Sarlo, Meyer, Seitz, Ward ABSENT: 0 - None There being the requirement of a 2/3 vote to amend a contract, motion declared lost. SICK LEAVE Moved by Dwiel, seconded by Prellberg, to reconsider motion PAYMENT regarding request of Fire Inspector William O'Shaughnessy's REQUEST request for payment of unused sick leave days, denied at last meeting. Motion to reconsider declared carried. Moved by Dwiel, seconded by Erbach, to refer the matter jointly to Fire and Finance Committees. Motion declared carried. ORDINANCE Moved by Erbach, seconded by Ward, to pass Ordinance M-9-81, M-9-81 AN ORDINANCE PROVIDING FOR THE FINANCING BY THE CITY OF DES Economic Dev. PLAINES, ILLINOIS, OF A PROJECT CONSISTING OF. REAL PROPERTY Revenue Bond IN ORDER THAT FACILITIES MAY BE PROVIDED TO RELIEVE CONDITIONS Tash, Inc. OF UNEMPLOYMENT AND ENCOURAGE THE INCREASE OF INDUSTRY: AUTHORIZING AND PROVIDING FOR THE ISSUANCE BY SAID CITY OF DES PLAINES, ILLINOIS OF ITS ECONOMIC DEVELOPMENT REVENUE BOND (TASH PROJECT) WHICH WILL BE PAYABLE SOLELY FROM THE RECEIPTS FROM A LOAN .AGREEMENT AND LEASE AGREEMENT: AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY OF DES PLAINES, ILLINOIS AND EXCHANGE NATIONAL BANK OF CHICAGO TRUST NO. 37834, PROVIDING FOR THE ACQUISITION AND FINANCING OF SAID PROJECT: AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND AGREEMENT AS SECURITY FOR THE PAYMENT OF SAID BOND: CONFIRMING SALE OF SAID BOND TO THE PURCHASER THEREOF: 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: 1 - Egan ABSENT: 0 - None Motion declared carried. ORDINANCE Moved by Koplos, seconded by Ward, to pass Ordinance M-10-81, M-10-81 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE III OF THE DES Water Rates PLAINES CITY CODE HAVING TO DO WITH WATER RATES. 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. 1 ORDINANCE Z-4-81 1308 Rand ORDINANCE Z-5-81 1249 Elmhurst ORDINANCE M-11-81 Position Classification ORDINANCE M-12-81 Construction Contracts Change Orders 3/16/81 66. Page Five Moved by Meyer, seconded by Koplos, to pass Ordinance Z-4-81 AN ORDINANCE GRANTING A REZONING FROM R-2 SINGLE FAMILY RESIDENTIAL DISTRICT TO C-@ COMMERCIAL DISTRICT, AT 1308 RAND ROAD, DES PLAINES, ILLINOIS (CASE NO. 81-2-R). 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 Meyer, seconded by Seitz, to pass Ordinance Z-5-81 AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW AN ADDITION TO AN EXISTING RESTAURANT IN C-2 COMMERCIAL DISTRICT. CASE NO. 81 -4 -SU (1249 ELMHURST ROAD). 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 M-11-81, AN ORDINANCE AMENDING SCHEDULE V OF SECTION 1-15-4 (A) OF THE DES PLAINES CITY CODE HAVING TO DO WITH THE POSITION CLASSIFICATION PLAN BY ADDING/DELETING CERTAIN CLASSIFICATIONS AND AMENDING SECTIONS 1-15-3 (B), 1-15-3 (D) AND 1-15-8 (B) OF THE CITY CODE. Placed on First Reading was Ordinance M-12-81, AN ORDINANCE AMENDING SECTION 1-16-4 OF TITLE I, CHAPTER 16, OF THE DES PLAINES CITY CODE, THEREBY ADDING A PARAGRAPH DEALING WITH CHANGE ORDERS TO CONSTRUCTION CONTRACTS ORIGINALLY AWARDED BY CITY COUNCIL. ORDINANCE Placed on First Reading was Ordinance M-13-81, AN ORDINANCE Til-/S%g( HAVING TO DO WITH THE LICENSING OF ELECTRONIC GAMES AND/OR Electronic AUTOMATIC AMUSEMENT DEVICES. Game Machines RESOLUTION Moved by Erbach, seconded by Tomaszewski, to adopt a R-6=81 -Suburban Resolution R-6-81 authorizing that Des Plaines become a O'Hare member of Suburban O'Hare Commission. Motion declared Commission carried. ORDINANCE Penalty WIN AND RAYS RESUBDIVISION 849 Walter ZONING CASE 81 -5 -SU 1285 Elmhurst DEPOSIT LAW HOUSE BILL 257 - Current States Mandates Act ADV. BIDS Draft of Ordinance having to do with penalties was referred to City Code and Judiciary Committee. Plat of Win and Rays Resubdivision located at 849 Walter Avenue approved by the Plan Commission was referred to Municipal Development Committee. Letter from Plan Commission re Zoning Case 81 -5 -SU, located at 1285 S. Elmhurst Road was referred to Municipal Develop- ment Committee. Letter from Butera Finer Foods re deposit law was referred to City Code and Judiciary Committee. Letter from Mayor Volberding addressed to State Representative and Senators of the 3rd, 4th, and 5th Districts re House Bill 257 - The States Mandates Act was referred to City Code and Judiciary Committee. City Clerk notified City Council that bids for Body and Fender Maintenance and one 1981 Station Wagon would be received April 3, 1981 at 3 P.M.; for Leaf Loader, two 3/4 ton pick-up trucks and two dump trucks on April 10, 1981 at 3 p.m. 3/16/81 Page Six ADJOURNMENT: Moved by Koplos,.seconded by Ensign, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting aSdjourned at 1,0:15 P.M. APPROVED BY ME THIS , 1981 HERBERT H. VOLB RDING, S'. 1 1