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05/18/1981CALL TO ORDER: ROLL CALL: 92. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, May 18, 1981. The regular meeting of the City Council was called to order by Mayor John E. Seitz at 8:03 P.M. Roll Call indicated the following aldermen present: Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, Egan. Absent were aldermen Muehlenbeck and Dwiel. Also present were: City Treasurer Swanson, City Comptroller Blietz, Commissioner of Public Works Matula, Fire Chief Gedroic, Police Chief Alfano, Building Commissioner Trost, Director of Planning and Zoning Richardson, Traffic Engineer Crowley, Environmental Officer Lindahl, Senior Citizen Coordinator Tapson, Police Lt. Scheskie and City Attorney Smith. PRAYER AND PLEDGE: The meeting opened with prayer by Father John A. McLoraine of St. Emily's Catholic Church, followed by the Pledge of Allegiance to the Flag. APPOINTMENT, Moved by Erbach, seconded by Ward, to suspend rules Seventh Ward and concur with Mayor Seitz's appointment of Mr. Alderman Steven C. Bonaguidi to fill vacancy as Alderman of Seventh Ward. Upon roll call, the vote was: AYES: - 12 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward NAYS: - 1 - Egan ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. Oath of Office was administered by Deputy Clerk Trost and Alderman Bonaguidi was seated on the City Council. MINUTES: Moved by Tomaszewski, seconded by Dini, to approve the Minutes of the regular meeting held May 4, 1981, as published. Correction: Page One, Third Paragraph, add City Engineer Bowen. Following correction, motion declared carried. Moved by Kehe, seconded by Erbach, to approve the Minutes of the Adjourned Meeting held May 4, 1981, as published. Motion declared carried. INDUSTRIAL Moved by Ward, seconded by Ensign, to adopt the REVENUE BOND recommendation of the Finance and Insurance Committee, PROCEDURES: to concur with Financial Consultant, Mr. Edward Benjamin, that procedures for Industrial Revenue Bonds be changed, authorizing the City Attorney to draft amendment to resolution in ordinance form. Application fee to be increased from $500. to not less than $2000. non-refundable; at time memorandum of agreement is approved applicant to pay, in addition to non- refundable fee, not less than one-half of the fee to the City and one-half of the fee to the financial consultant. Motion declared carried. Alderman Egan voted No. BILLS PAYABLE: Moved by Ward, seconded by Ensign, 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: $330,163.84. Upon roll call, the vote was: AYES: - 14 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewsi, Dini, Bonaguidi, Chiropolos, Ward, Egan. NAYS: - 0 - None ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. ISSUANCE OF CHECKS: 5/18/81 93. Page Two Moved by Ward, seconded by Ensign, to adopt the recommendation of the Finance and Insurance Committee, to authorize issuance of checks to the Des Plaines Police Boys Club in the amount of $6,500., Mr. Jack Hugh, Environmental Scholarship winner in the amount of $265., and Workmen's Compensation Claim to Mr.. Herman Gualano in the amount of $1,077.04. Upon roll call, the vote was: AYES: - 14 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward, Egan. NAYS: - 0 - None ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. LEGAL SUIT Moved by Ward, seconded by Kisslinger, to adopt the recommendation of the Finance and Insurance Committee, that the City Attorney be authorized to defend City Officials, Mayor John E. Seitz, and Bertha E. Rohrbach and Election Canvassing Board in Election Contest Suit; City to attempt to recover cost of defenses from petitioners. Upon roll call, the vote was: AYES: - 13 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward NAYS: - 0 - None ABSENT: 2 - Muehlenbeck, Dwiel ABSTAIN:_r- Egan as he is involved in Suit Motion declared carried. AGREEMENT - Moved by Ensign, seconded by Erbach, to adopt the DEPENDABLE X-RAY recommendation of Building Control and Inspection EQUIPMENT: Committee, that the Mayor and City Clerk be authorized to execute agreement with Dependable X -Ray Services, Inc., to install non-U.L. equipment at Holy Family Hospital, providing Holy Family Hospital is signatory to agreement. Motion declared carried. EVERGREEN COURT SUBDIVISION: Moved by Ensign, seconded by Erbach, to adopt the recommendation of the Building Control and Inspection Committee, to reduce Letter of Credit to $42,847.93 for Evergreen Court Subdivision. Upon roll call, the vote was: AYES: - 14 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward, Egan NAYS: - 0 - None ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. JO -NOR SUBDIVISION Moved by Ensign, seconded by Erbach, to adopt the recommendation of the Building Control and Inspection Committee, that occupancy bonds in the amount of $1500. be returned and that City accept public improvements for Jo -Nor Subdivision. Upon roll call, the vote was: AYES: - 14 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward, Egan NAYS: - 0 - None ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. ZONING CASE Moved by Erbach, seconded by Kisslinger, to adopt the 81 -14 -SU, recommendation of the Municipal Development Committee, 2655 Mannheim Rd. to concur with Zoning Board of Appeals and Plan Commission in Zoning Case 81 -14 -SU, property located at 2655 Mannheim Road and authorize City Attorney prepare necessary ordinance. Motion declared carried. ZONING CASE Moved by Erbach, seconded by Kisslinger, to adopt the 81-17-V, recommendation of the Municipal Development Committee, 1442 Henry Ave. to concur with Zoning Board of Appeals in Zoning Case 81-17-V, property located at 1442 Henry Avenue, and authorize City Attorney to prepare necessary ordinance. Motion declared carried. 5/18/81 Page Three 94. ZONING VARIATION Moved by Erbach, seconded by Tomaszewski, to adopt the FILING FEES: recommendation of the Municipal Development Committee, that City Attorney be authorized to draft an amendment to ordinance, establishing a third category for Zoning Variation filing fees in the amount of $100. This category is for cases which can be approved by the Zoning Board of Appeals in which variation is required due to construction in R-1 and R-2 residential districts in non -conforming uses. Moved by Kehe, seconded by Prellberg, to amend variation filing fee to $50. Upon roll call, the vote to amend was: AYES: - 6 - Kehe, Prellberg, Erbach, Dini, Chiropolos, Egan NAYS: - 8 - Kolinski, Ensign, Wetter, Kisslinger, Adams, Tomaszewski, Bonaguidi, Ward ABSENT: 2 - Muehlenbeck, Dwiel Motion to amend, declared Lost. Moved by Wetter, seconded by Kehe, to amend variation filing fee to $75. Upon roll call, the vote to amend was: AYES: - 13 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward, Egan NAYS: - 1 - Kisslinger ABSENT: 2 - Muehlenbeck, Dwiel Motion as amended declared carried. CREEK SPRAYING:1 Moved by Dini, seconded by Chiropolos, to adopt the recommendation of the Environmental Control Committee, to award contract for Creek Spraying of Noxious Weed Control to Liqui-Green Glenview, Park Ridge, Illinois in the amount of $2550. Upon roll call, the vote was: AYES: - 12 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward NAYS: - 2 - Kisslinger, Egan ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. TREES - SPRING Moved by Chiropolos, seconded by Kisslinger, to adopt the PLANT, 1981 recommendation of the Beautification and Forestry Committee, to award contract for Trees for Spring Plant, 1981 to low bidder, Charles Klehm and Son Nursery, Arlington Heights, Illinois, in the amount of $10,421.55 delivered. Upon roll call, the vote was: AYES: - 14 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward, Egan NAYS: - 0 - None ABSENT: 2 - Muehlenbeck, Dwiel Moti9n declared carried. ORDINANCE Z-7-81, Moved by Erbach, seconded by Tomaszewski, to pass 551, 557, 563, Ordinance Z-7-81, AN ORDINANCE GRANTING A REZONING FROM 573 Des Plaines Av.R-2 SINGLE FAMILY RESIDENCE DISTRICT AND R-4 MULTIPLE FAMILY RESIDENCE TO R-5 CENTRAL CORE MULTIPLE FAMILY DISTRICT, AT 551, 557, 563, 573 DES PLAINES AVENUE, DES PLAINES, ILLINOIS (Case No. 81-6-R). Upon roll call, the vote was: AYES: - 14 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward, Egan NAYS: - 0 - None ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. ORDINANCE Z-8-81, Moved by Erbach, seconded by Kisslinger, to pass 1300 Miner St. Ordinance Z-8-81, AN ORDINANCE GRANTING A REZONING FROM R-5 CENTRAL CORE MULTIPLE FAMILY DISTRICT TO C-2 COMMERCIAL DISTRICT, AT 1300 MINER STREET. (Case No. 81-7-R). Upon roll call, the vote was: AYES: - 14 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward, Egan. ORDINANCE Z-8-81 Cont. ORDINANCE Z-9-81 1231 Harding Av. ORDINANCE Z-10-81 1365, 1375, 1385, 1395 Ashland Ave. ORDINANCE M-27-81 Pearson Sale of 5/18/81 Page Four NAYS: - 0 - None ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. 95. Moved by Erbach, seconded by Tomaszewski, to pass Ordinance:Z-9-81, AN ORDINANCE GRANTING A REZONING FROM C-2 COMMERCIAL DISTRICT TO R-5 CENTRAL CORE MULTIPLE FAMILY DISTRICT, AT 1231 HARDING AVENUE, DES PLAINES, ILLINOIS. (Case No. 81-11-R). Upon roll call, the vote was: AYES: - 14 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward, Egan. NAYS: 0 - None ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. Moved by Erbach, seconded by Kehe, to pass Ordinance Z-10-81, AN ORDINANCE GRANTING A REZONING FROM C-2 COMMERCIAL DISTR'TCT TO R-5 CENTRAL CORE MULTIPLE FAMILY DISTRICT, AT 1365, 1375, 1385, AND 1395 ASHLAND AVENUE, DES PLAINES, ILLINOIS (Case No. 81-10-R). Upon roll call, the vote was: AYES: - 14 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward, Egan NAYS: - 0 - None ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. Moved by Ensign, seconded by Tomaszewski, to pass Ordinance M-27-81, AN ORDINANCE AUTHORIZING THE SALE & River Rd.OF CERTAIN PROPERTY OF THE CITY OF DES PLAINES. Property (SOUTHWEST QUADRANT OF PEARSON & RIVER ROADS). Upon roll call, the vote was: AYES: - 13 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward. NAYS: - 1 - Egan ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. ORDINANCE M-28-81 Linden and Prospect Ave. ORDINANCE M-24-81 Salary of Mayor Moved by Dini, seconded by Kehe, to pass Ordinance M-28-81, AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PROPERTY OF THE CITY OF DES PLAINES. (NORTHEAST CORNER OF LINDEN AND PROSPECT AVE.). Upon roll call, the vote was: AYES: - 14 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward, Egan NAYS: - 0. - None. ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. Moved by Erbach, seconded by Tomaszewski, to reconsider the vote taken on passage of Ordinance M-24-81, AN ORDINANCE AMENDING SECTION 1-15-4 (B) OF THE DES PLAINES CITY CODE HAVING TO DO WITH THE UNCLASSIFIED SERVICE (vetoed by former Mayor May 4, 1981). Upon roll call, the vote was: AYES: - 13 - Kehe, Ensign, Wetter, Prellberg, Kisslinger Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward, Egan NAYS: - 1 - Kolinski ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. Moved by Erbach, seconded by Tomaszewski, that veto of Ordinance M-24-81 be overriden. Upon roll call, the vote was: ORDINANCE M-24-81 - Cont. ORDINANCE M-25-81 Duties of Mayor ORDINANCE M-26-81 Office of Administrative Assistant ORDINANCE M-29-81 CABLE TV LIQUOR LICENSE 1285 S. Elmhurst 5/18/81 Page Five 96. AYES: - 11 - Kehe, Ensign, Wetter, Prellberg, Kisslinger, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward NAYS: - 3 - Kolinski, Adams, Egan ABSENT: 2 - Muehlenbeck, Dwiel' Motion declared carried. Mayor Seitz called a Recess from 9:25 P.M. to 9:40 P.M. previous to roll call vote on Ordinance M-24-81. Mayor Seitz relinquishedthe chair to Alderman Ward to address Council recommending passage of vetoed ordinances, previous to roll call vote on Ordinance M-24-81. Moved by Erbach, seconded by Tomaszewski, to re- consider the vote take n.on passage of Ordinance M-25-81, AN ORDINANCE AMENDING SECTION 1-5-2 OF THE DES PLAINES CITY CODE HAVING TO DO WITH DUTIES OF MAYOR (vetoed by former Mayor May 4, 1981). Upon roll call, the vote was: AYES: - 13 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward NAYS: - 1 - Egan ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. Moved by Erbach, seconded by Tomaszewski, that veto of Ordinance M-25-81 be overriden. Upon roll call, the vote was: AYES: - 10 - Kehe, Ensign, Wetter, Kisslinger, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward NAYS: - 4 — Kolinski, Prellberg, Adams, Egan ABSENT: 2 - Muehlenbeck, Dwiel Motion declared Lost.. Moved by Erbach, seconded by Tomaszewski, to re- consider the vote taken on passage of Ordinance M-26-81, AN ORDINANCE CREATING A NEW CHAPTER 22 TO TITLE I OF THE DES PLAINES CITY CODE HAVING TO DO WITH OFFICE OF ADMINISTRATIVE ASSISTANT TO THE MAYOR (vetoed by former Mayor May 4, 1981). Upon roll call, the vote was: AYES: - 13 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward NAYS: - 1 - Egan ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. Moved by Erbach, seconded by Dini, that veto of Ordinance M-26-81 be overriden. Upon roll call, the vote was: AYES: - 13 - Kolinski, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Bonaguidi, Chiropolos, Ward NAYS: - 1 - Egan ABSENT: 2 - Muehlenbeck, Dwiel Motion declared carried. Placed on First Reading was Ordinance M-29-81, AN ORDINANCE FOR THE CREATION OF A CABLE TELEVISION SYSTEM FRANCHISE AND REGULATIONS THEREFOR. Liquor Application from Edoya Restaurant, Inc., 1285 S. Elmhurst Road for a Class E liquor license was referred to the License and Inspection Committee. ZONING CASE 81-8-A Text Amend- ment: ZONING CASE 81 -15 -SU -V-A, 2355 Ballard Rd. FLOOD PLAIN ORDINANCE COOK COUNTY ZONING DOCKET #3677 PUBLIC PARKING TAX RESIDENTAL MORTGAGE REVENUE BONDS SIDEWALK SALE ADJOURNMENT: 5/18/81 Page Six 97. Letter from Zoning Board of Appeals re Case 81-8-A Text Amendment amending various sections of the Zoning Ordinance was referred to the Municipal Development Committee. Letters from Plan Commission and Zoning Board of Appeals re Case 81 -15 -SU -V-A, 2355 Ballard Road, was referred to the Municipal Development Committee. Proposed amendments to Flood Plain Ordinance submitted by Zoning and Planning Director Richardson was referred to the Municipal Development Committee. Public Hearing on Cook County Zoning Docket No. 3677, located on west side of East River Road in un- incorporated Maine Township, was placed on file. Request of Alderman Dini for taxing of public parking facilities, was referred to the License and Inspection and Finance and Insurance Committees. Materials relating to residential mortgage revenue bonds, was referred to the Finance and Insurance Committee. Letter from Chamber of Commerce re annual sidewalk sale on August 13 thru 16, 1981, was referred to the Streets and Traffic Committee. Moved by Ensign, seconded by Kehe, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:25 P.M. THIS o7 *>4 Marilyn . Trott Deputy Clerk P Y