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07/06/1981MINUTES 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, July 6, 1981 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines was called to order by Mayor John E. Seitz at 8:09 P.M. in the City Council Chambers, Des Plaines Civic Center. IIROLL CALL: Roll Call indicated the following aldermen present: Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan. Also present were: City Treasurer Swanson, City Comptroller Blietz, Supt. of Water Tiernan, Fire Chief Gedroic, Police Captain Clark, Building Commissioner Trost, Director of Zoning and Planning Richardson, Acting Engineer Crowley, Environmental Officer Lindahl, and City Attorney Smith PRAYER AND The meeting opened with prayer by Father Paul Brouillette PLEDGE of St. Martin's Episcopal Church, followed by the Pledge of Allegiance to the flag. MINUTES: Moved by Kehe, seconded by Tomaszewski, to approve the Minutes of the regular meeting held June 15, 1981, as published. Correction, page five, paragraph six, change "844 Lee Street" to "841 Lee Street". Following correction, motion declared carried. BILLS Moved by Ward, seconded by Bonaguidi, 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, $836,524.18. Upon roll call, the vote was: AYES: - 16 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. 50 Surcharge Moved by Ward, seconded by Prellberg, to adopt the recommenda- Garbage tion of Sanitation and Finance and Insurance Committee Collection to amend the contract with Standard Disposal Service of Illinois, Inc. to add a 50 surcharge per month per customer to the garbage collection rate, effective July 1, 1981. Upon roll call, the vote was: AYES: - 16 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. illHEALTH Moved by Ward, seconded by Ensign, to adopt the recommenda- INSURANCE tion of Finance and Insurance Committee relative to RENEWAL Health Insurance Renewal as follows: 1. Increase billing rates by 31% 2. Approve Employee Benefit Claims, Inc. as the claims administrator at a fee of $3,000 plus 4% of the claims 3. Approve the excess premium (i. e. stop loss) in the amount of $2,500 to SAFECO Insurance Company 4. Approve payment of the consulting fee to the Des Plaines Insurance Brokers Association in the amount of $2,500. Upon roll call, the vote was: AYES: - 14 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward NAYS: 1 - Egan ABSENT: P. - None dj_ ABSTAIN. 1 - Bonaguidi. Motion declared carried. i V U NORTRAN LOAN SUBURBAN O'HARE COMMISSION Law Suit ZONING TEXT AMENDMENT VARIATIONS SALE OF PROPERTY Pearson & River Rd. HISTORICAL SOCIETY FLEA MARKET LIQUOR LICENSE FOREMOST LIQUORS 1468-70 Lee LIQUOR LICENSE EDOYA RESTAURANT 1285 Elmhurst 7/6/81 112. Page Two Moved by Ward, seconded by Prellberg, to adopt the recommenda- tion of Finance and Insurance Committee to approve a loan to North Suburban Mass Transit District in the amount of $50,000 at 16% interest to be repaid in full in six months. (majority recommendation of committee) Alderman Ensign made a minority report recommendating that the City do not make the above loan as there is no insurance that the City will be repaid; that the ridership does not justify the need; and further that it is a short-term solution to the lack of funding problem. Following discussion the roll call vote was: AYES: - 7 - Muehlenbeck, Kolinski, Prellberg, Kisslinger, Chiropolos, Ward, Egan NAYS: 9 - Dwiel, Kehe, Ensign, Wetter, Adams, Erbach, Tomaszewski, Dini, Bonaguidi ABSENT: 0 - None Motion declared lost Moved by Ward, seconded by Ensign, to adopt the recommenda- tion of Finance and Insurance Committee to authorize funds as the City's share of legal expenses in connection with the Suburban O'Hare Commission litigation, in the amount of $8,035.20. Upon roll call, the vote was: AYES: - 16 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan. NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Erbach, seconded by Kisslinger, to adopt the recommendation of Municipal Development Committee to authorize City Attorney to prepare amendment to the Zoning Ordinance and petition Zoning Board of Appeals, changing time limit on variations to twelve months. Motion declared carried. Moved by Dwiel, seconded by Ward, to adopt the recommendation of Building and Grounds Committee to award the bid for sale of property located at the the southwest quadrant of Pearson and River Road to the high bidder, Harold A. Petterson, in the amount of $26,100 and return checks of unsucessful bidders. Upon roll call, the vote was: AYES: - 15 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward NAYS: 1 - Egan ABSENT: 0 - None Motion declared carried. Moved by Dwiel, seconded by Ensign, to adopt the recommenda- tion of Building and Grounds Committee to grant request of Des Plaines Historical Society to use the Herbert H. Behrel Parking Plaza for annual antique and flea market on Sunday, September 13, 1981 and grant request for sign to be installed no sooner than one week prior to the event and removed no later than September 15th, conforming to sign ordinance requirements, city to waive temporary sign permit fee. Motion declared carried. Moved by Kisslinger, seconded by Kehe, to adopt the recom- mendation of License and Inspection Committee to grant liquor license, Class B, to new owners of Foremost Liquors, located at 1468-70 Lee Street. Motion declared carried. Moved by Kisslinger, seconded by Dwiel, to adopt the recom- mendation of License and Inspection Committee to grant a Class E liquor license to owners of Edoya Restaurant located at 1285 Elmhurst Road, subject to approval by the Building Department relative to construction of remodeled area and granting of occupancy permit for the entire restaurant, City attorney to draft necessary ordinance increasing Class liquor licenses by one. Motion declared carried.t= /PP 7/6/81 Page Three 113. RESOLUTION Moved by Kisslinger, seconded by Kehe, to adopt the R-15-81 recommendation of License and Inspection Committee to Cable TV adopt Resolution R-15-81, A RESOLUTION OF THE CITY COUNCIL Franchise OF THE CITY OF DES PLAINES AUTHORIZING MAYOR AND CITY Agreement CLERK TO SIGN CABLE TELEVISION FRANCHISE AGREEMENT WITH CABLENET, INC. Upon roll call, the vote was: AYES: - 16 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. DAWN COURT Moved by Ensign, seconded by Tomaszewski, to adopt the SUBDIVISION recommendation of Building Control and Inspection Committee Bellaire & as follows: Ballard BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES that the City Attorney be authorized to seek a one year extension of letter of Credit at an increased amount to cover inflation filed by owners and developers of Dawn Court Subdivision and failing in either of the above to authorize City Attorney to take appropriate action to confiscate the letter of credit. Motion declared carried. LEHMBECK Moved by Ensign, seconded by Tomaszewski, to adopt the SUBDIVISION recommendation of Building Control and Inspection Committee Greco & as follows: Morse BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES that the City Attorney be authorized to seek a one year extension of letter of credit at an increased amount to update the bond for inflation filed by owners and/ or developers of Lehmbeck Subdivision and failing in either of the above, the City Attorney be authorized to take appropriate action to confiscate said letter of credit. Motion declared carried. WELL #6 Moved by Tomaszewski, seconded by Kisslinger, to adopt the recommendation of Water and Sewer Committee to authorize Layne -Western Co. to repair the pump removed from Well #6 at a cost of $4,962.16, waiving the usual bid procedures. Upon roll call, the vote was: AYES: - 15 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward. NAYS: 1 - Egan ABSENT: 0 - None Motion declared carried. OFF-STREET Moved by Prellberg, seconded by Kehe, to adopt the recom- PARKING mendation of Police Committee to enter into Off -Street ENFORCEMENT Parking Enforcement agreements with owners of property AGREEMENTS at the following: Des Plaines National Bank parking lot - Ellinwood St. Des Plaines National Bank drive-in - 518 Lee St. Des Plaines National Bank property, 678 Lee St. Siemens Gammasonics, 2000 Nuclear Drive Kunkel Office Building, 490 Lee Street Motion declared carried. ORDINANCE Moved by Prellberg, seconded by Kehe, to pass Ordinance T-6-81 T-6-81, AN ORDINANCE AMENDING SCHEDULE III OF SECTION North Ave. 10-5-17 OF THE DES PLAINES CITY CODE, THEREBY DELETING Parking NORTH AVENUE FROM FIRST AVENUE WEST TO FOURTH AVENUE, AND AMENDING SCHEDULE I OF SECTION 10-5-4 OF THE DES PLAINES CITY CODE, ADDING THERETO PROHIBITED PARKING ON THE SOUTH SIDE OF NORTH AVENUE BETWEEN FIRST AVENUE AND FOURTH AVENUE. Upon roll call, the vote was: AYES: - 16 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. ORDINANCE T-7-81 Ambleside & Beau ORDINANCE M-35-81 IDRB Tash, Inc. ORDINANCE M-36-81 IDRB Hart Shaffner & Marx Project PUBLIC WORKS EQUIPMENT Repair 7/6/81 114. Page Four Moved by Kehe, seconded by Ward, to pass Ordinance T-7-81 AN ORDINANCE AMENDING SECTION 10-7-4 OF THE DES PLAINES CITY CODE, CONCERNING YIELDING THE RIGHT-OF-WAY TO TRAFFIC AND ADDING THERETO THE INTERSECTION OF AMBLESIDE ROAD AND BEAU DRIVE. Upon roll call, the vote was: AYES: - 16 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Erbach, seconded by Prellberg, to pass Ordinance M-35-81, AN ORDINANCE PROVIDING FOR THE FINANCING BY THE CITY OF DES PLAINES, ILLINOIS, OF PROJECT EQUIPMENT, WHICH CONSTITUTES AN ECONOMIC DEVELOPMENT PROJECT IN ORDER THAT TASH, INC. MAY BE PROVIDED WITH FACILITIES TO RELIEVE CONDITIONS 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, INC. PROJECT) WHICH WILL BE PAYABLE SOLELY FROM THE REVENUES AND 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 DATED MARCH 1, 1981, PROVIDING FOR THE FINANCING OF SAID PROJECT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND AGREEMENT AS SECURITY FOR THE PAYMENT OF SAID BOND; CONFIRMING THE SALE OF SAID BOND TO THE PURCHASER THERE; AND RELATED MATTERS. Upon roll call, the vote was: AYES: - 14 - Muehlenbeck, Kolinski, Dwiel, Kehe, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward NAYS: 2 - Ensign, Egan ABSENT: 0 - None Motion declared carried. Moved by Kehe, seconded by Ward, to pass Ordinance M-36-81 AN ORDINANCE PROVIDING FOR THE FINANCING BY THE CITY OF DES PLAINES, ILLINOIS, OF A PROJECT CONSISTING OF CERTAIN MANUFACTURING FACILITIES IN ORDER THAT HART SCHAFFNER & MARX MAY BE PROVIDED WITH FACILITIES TO PROMOTE THE ECONOMIC DEVELOPMENT OF THE CITY OF DES PLAINES; AUTHORIZING AND PROVIDING FOR THE ISSUANCE BY THE CITY OF DES PLAINES, ILLINOIS OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS (HART SHCAFFNER & MARX PROJECT: 1981) WHICH WILL BE PAYABLE SOLELY FROM THE REVENUES AND RECEIPTS FROM A LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY OF DES PLAINES, ILLINOIS AND HART SCHAFFNER & MARX PROVIDING FOR THE ACQUISITION AND FINANCING OF SAID PROJECT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND SECURITY 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 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward. NAYS: 1 - Egan ABSENT: 0 - None Motion declared carried. Moved by Kehe, seconded by Tomaszewski, to adopt the recom- mendation of Streets and Traffic Committee to ratify action of Mayor in authorizing emergency repair of Public Works equipment (fork -lifter), by Patten Industries, Inc., in the amount of $3,619.78. Upon roll call, the vote was: AYES: - 15 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward. NAYS: 1 - Egan ABSENT: 0 - None Motion declared carried. ftv 1 1 Page Five WOODLAWN The matter of parking on the parkway on Woodland Avenue AVE. near River Road was referred to Streets and Traffic PARKING Committee. ORDINANCE Placed on First Reading was Ordinance M-39-81, AN ORDINANCE M-39-81 INCREASING CLASS A TAVERN LIQUOR DEALER'S LICENSES BY Liquor Lic. ONE (1), THEREBY AMENDING SECTION 5-34-16 OF THE DES PLAINES (People's) CITY CODE. ORDINANCE Moved by Kolinski, seconded by Prellberg, to waive First M-40-81 Reading and place on passage Ordinance M-40-81, AN ORDINANCE Tash, Inc. RESCINDING ORDINANCE M-9-81, HAVING TO DO WITH THE ISSUE OF AN ECONOMIC DEVELOPMENT REVENUE BOND TO TASH, INC. Motion declared carried. Moved by Kolinski, seconded by Prellberg, to pass Ordinance M-40-81. Upon roll call, the vote was: AYES: 15 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward NAYS: 1 - Egan ABSENT: 0 - None Motion declared carried. ORDINANCE Placed on First Reading was Ordinance Z-13-81, AN ORDINANCE Z-13-81 GRANTING A SPECIAL USE TO CONSTRUCT A "DRIVE-THRU" FACILITY 725 W. Golf IN C-3 COMMERCIAL DISTRICT AT 725 WEST GOLF ROAD, (CASE NO. 81 -16 -SU) ORDINANCE Z-14-81 1331 Golf Placed on First Reading was Ordinance Z-14-81, AN ORDINANCE GRANTING A REZONING FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO M-1 RESTRICTED MANUFACTURING DISTRICT, AT 1331 GOLF ROAD, DES PLAINES, ILLINOIS. ORDINANCE Moved by Erbach, seconded by Tomaszewski, to waive First Z-16-81 Reading and place on passage Ordinance Z-16-81, AN ORDINANCE Text Amend. AMENDING THE TEXT OF SECTION 3.1.2 OF THE ZONING ORDINANCE, ADDING THERETO SUB -SECTION 3.1.2.17 TO PERMIT BROADCASTING RADIO TRANSMITTING TOWERS AS A SPECIAL USE IN THE R-2 SINGLE FAMILY RESIDENCE DISTRICT UNDER CERTAIN CONDITIONS. CASE NO. 81 -15 -SU -V-A. Motion declared carried..Moved by Erbach, seconded by Kisslinger to pass Ordinance Z-16-81. Upon roll call, the vote was: AYES: - 16 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. ORDINANCE Moved by Erbach, seconded by Tomaszewski, to waive First Z-15-81 Reading and place on passage Ordinance Z-15-81, AN ORDINANCE 2355 Ballard AUTHORIZING A SPECIAL USE FOR TWO (2) PUBLIC BROADCASTING RADIO TRANSMITTING TOWERS AND APPURTENANCES AND VARIATION TO SECTION 3.1.2 OF THE ZONING ORDINANCE. Case No. 81 -15 -SU -V-A (2355 Ballard Road). Motion declared carried. Moved by Erbach, seconded by Tomaszewski to pass Ordinance Z-15-81. Upon roll call, the vote was: AYES: - 16 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. ZONING CASES The following Zoning Cases and letters from Plan Commission and Zoning Board of Appeals pertaining to same were referred to Municipal Development Committee: a. 81 -23 -SU - 1530 Rand Rd. b. 81 -19 -RV, - 1355 Golf Rd. c. 81-20-V - 1522 Center St. ARCHITECTURAL STANDARDS AGREEMENT Midwest Consulting Engineers,Inc. (Algonquin Rd. Bridge) Community Service Honor Roll CHICAGO WATER SUIT VARIATION FEE Wolf Rd. POLICE AND FIRE APPLICANTS CROSSING GUARDS GOVERNMENT MANAGEMENT CLASSES OAKTON COMMUNITY COLLEGE ADJOURNMENT: 7/6/81 Page Six 116. Architectural Standards as prepared by the Architectural Commission were referred to Building Control and Inspection and Beautification and Forestry Committees. Moved by Kehe, seconded by Kisslinger, to authorize Mayor and City Clerk to sign agreement with Midwest Consulting Engineers, Inc. to provide engineering services in connection with the Algonquin Road bridge, at a cost to the City of $10,500 (city's share). Upon roll call, the vote was: AYES: - 16 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Ald. Kehe accepted the appointment to the Des Plaines Community Service Honor Roll selection committee representing the City Council Ald. Adams accepted the appointment to represent the City Council to serve on the Water Rate review committee in connection with the Chicago Water Suit Moved by Kisslinger, seconded by Prellberg, to ;refund variation fee paid by Mr. Skozak, Wolf Road of $75 for re-application of zoning variation as previous variation expired previous to construction. Upon roll call, the vote was: AYES: - 16 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Letter from Chief Alfano requesting ordinance change to allow that any citizen twenty years of age or over shall be eligible to take any examination for appointment to the Police or Fire Departments, but must be twenty one years of age at the time of appointment was referred jointly to the Police and Fire Committees. Letter from Chief Alfano regarding crossing guards was referred to Police Committee. Moved by Adams, seconded by Erbach, that City pay the fees for any elected or appointed official to attend the government management classes at Oakton Community College to be held Saturday mornings at a cost of $35 for both days or $20 for one day. Upon roll call, the vote was: AYES: - 16 - Muehlenbeck, Kolinski, Dwiel, Kehe, Ensign, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Kehe, seconded by Ensign, that the regular meeting of the City Council adjourn. Motion declar carried. Meeting adjourned at 10:30 P.M. 9 Bertha Eleanor Ro rbach, City Clerk APPROVED BY ME THIS DAY OF JOHNEIT