03/15/1982MINUTES 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 15,
1982
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 8:06 P.M., in the: Eleanor Rohrbach Memorial Council
Chambers, Des Plaines Civic Center.
ROLL CALL:
Roll Call indicated the following aldermen present:
Muehlenbeck, Dwiel, Kehe, Wetter, Prellberg, Kisslinger,
Adams, Tomaszewski, Dini, Chiropolos, Ward, Bonaguidi,
Kolinski, and Erbach. Absent were Alderman Ensign and
Egan. Alderman Egan arrived at 8:10 P.M.
Also present were: City Comptroller Blietz, Commissioner of Public Works
Matula, Fire Chief Gedroic, Police Chief Alfano, Building Commissioner
Trost, Planning & Zoning Director Richardson, Acting City Engineer Crowley,
Environmental Officer Lindahl, City Treasurer Swanson, City Attorney
Smith, and Administrative Assistant Taylor.
PRAYER AND
PLEDGE:
MINUTES:
The meeting opened with prayer by Pastor Thomas Christian,
of the First Congregational Church, followed by the Pledge
of Allegiance to the Flag.
Moved by Tomaszewski, seconded by Ward, to approve the
Minutes of the regular meeting of the City Council held
on March 1, 1982, as published. Motion declared carried.
BILLS Moved by Ward, seconded by Prellberg, to adopt the follow -
PAYABLE: ing 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
$402,225.12. Upon roll call, the vote was:
AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Wetter,
Prellberg, Kisslinger, Adams, Erbach,
Tomaszewski, Dini, Chiropolos, Bonaguidi,Ward,
Egan
NAYS: 0 -None
ABSENT: 1 -Ensign
Motion declared carried.
FINANCIAL
HEALTH
PROGRAM:
INDUSTRIAL
REVENUE BONDS
NU -WAY MFG.:
ZONING CASE
82 -8 -SU
945 S.
ELMHURST ROAD:
Moved by Ward, seconded by Prellberg, to adopt the
recommendation of the Finance and Insurance Committee
that the City participate, at no cost, in the "Local
Government Financial Health Program" offered by the
Illinois Department of Commerce and Community Affairs,
and authorize City Attorney to draft necessary resolution.
Motion declared carried.
Alderman Ward requested that Ordinance M-27-82, AN
ORDINANCE TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS,
Nu -Way Manufacturing Co., Inc. (Agreement Authorization)
be held on Second Reading until the next Council Meeting
on April 5, 1982.
Moved by Erbach, seconded by Tomaszewski, to adopt .the
recommendation of the Municipal Development Committee,
to concur with Zoning Board of Appeals and Plan Commission
in Zoning Case 82 -8 -SU, property located at 945 S.
Elmhurst Road, and authorize City Attorney to draft
necessary ordinance to include requirement that owner will
install 6 foot to 8 foot privacy fence adjacent to
residential use property. Motion declared carried.
STREET NAME
CHANGE:
3/15/82
PAGE TWO
222.
Moved by Erbach, seconded by Ward, to adopt the
recommendation of the Municipal Development Committee
to concur with Plan Commission that the street name
for Lincoln Avenue be changed to Lincoln Lane, and that
the appropriate plat be filed with Cook County, post
office be notified, and City Attorney be authorized to
draft necessary ordinance. Motion declared carried.
CONSTRUCTION Moved by Erbach, seconded by Kehe, to adopt the
OF TRAIN recommendation of the Municipal Development Committee
DEPOT AND to approve the preparation of a resolution requesting a
BUS BAYS: grant to construct a new 2,800 sq. ft. transportation
depot, and also recommend that Council not concur with
the proposed bus bay construction on the north side of
Miner Street. After some discussion, the motion was
*see withdrawn.
Moved by Erbach, seconded by Kehe, to adopt the
reverse recommendation of the Municipal Development Committee
side to approve the preparation of a resolution requesting a
grant from IDOT to construct a new 2,800 sq. ft. trans-
portation depot. Motion declared carried.
Moved by Erbach, seconded Kolinski, to adopt the
recommendation of the Municipal Development Committee not
to concur with the proposed RTA bus bay construction on
the north side of Miner Street. Motion declared carried.
PARKING Moved by Erbach, seconded by Tomaszewski, to adopt the
REQUIREMENTS recommendation of the Municipal Development Committee
FOR RETAIL not to acbpt the area exclusions used in Cook County
AND OFFICE zoning ordinance in calculating parking requirements for
USE: retail and office use. Motion declared carried.
ROSE AVENUE Alderman Tomaszewski requested that a bid date of
CUL-DE-SAC April 1, 1982 be set for the Rose Avenue Cu1De-Sac
WATER MAIN Water Main Project and that the bids be received by
BID DATE: 3:00 P.M., in the City Clerk's office.
LIME:
FLEA MARKET:
Moved by Tomaszewski, seconded by Ward, to adopt the
recommendation of the Water and Sewer Committee to award
the bid for 350 tons of lime to Marblehead Lime
Company, 300 W. Washington, Chicago, Illinois 60606,
in the amount of $61.96 per ton, and return bid bonds/
checks to unsuccessful bidders. Upon roll call, the
vote was:
AYES: 15-Muehlenbeck, Kolinski, Kehe, Wetter, Prellberg,
Dwiel, Kisslinger, Adams, Dini, Tomaszewski,
Erbach, Chiropolos, Bonaguidi, Ward, Egan
NAYS: 0 -None
ABSENT: 1 -Ensign
Motion declared carried.
Moved by Dwiel, seconded by Kolinski, to adopt the
recommendation of the Building and Grounds Committee to
deny the request from Swap Shop, Inc., 5630 Elston Ave.,
Chicago, Illinois, to rent the Herbert H. Behrel Parking
Deck for a flea market on Sunday from May 1st to
November 1, 1982. Motion declared carried.
ROOF TOP Moved by Dwiel, seconded by Ward, to adopt the
FURNACE, recommendation of the Building and Grounds Committee that
PUBLIC WORKS the City Clerk be authorized to advertise for bids for
BUILDING: a roof top furnace at the Public Work Building, returnable
to the City Clerk's office by 3:00 P.M., April 15, 1982.
Motion declared carried.
CORRECTION:
Second paragraph, first line, add "joint" after the word "the."
Second line, add "and Streets and Traffic Committee" after Municipal
Development Committee. Fourteenth line, add "joint" after the word
"the." Fifteenth line, add "and Streets and Traffic Committee" after
Municipal Development Committee.
Seventh line, add "between Pearson and Lee Streets" after Miner
Street. Seventeenth line, add "between Pearson and Lee Streets"
after Miner Street.
1
1
1
TRANSFER OF
FUNDS TO
HISTORICAL
SOCIETY BUDGET:
LAW SUIT:
REPLACEMENT
OF BUILDING
DEPARTMENT
AUTO, #237:
SIGN
REGULATIONS,
AMENDMENT:
SHERWIN AVE.
SIDEWALK:
NORTHWEST
HIGHWAY
SIDEWALK:
3/15/82
PAGE THREE
223.
Moved by Wetter, seconded by Bonaguidi, to adopt the
recommendation of the Library and Historical Society,
that the sum of $5,200 be transferred from the Social
Service Budget to the Historical Society Budget to pay
for the part time temporary services of a Museum
Director. Upon roll call, the vote was:
AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Wetter,
Prellberg, Kisslinger, Adams, Erbach,
Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward,
Egan
NAYS: 0 -None
ABSENT: 1 -Ensign
Motion declared carried.
Moved by Bonaguidi, seconded by Chiropolos, to adopt the
recommendation of the City Code and Judiciary Committee
that the City Attorney be authorized to take the
necessary legal action to defend the City's position in
the Federal Civil Rights Suit filed by Mendoza, et al.,
against the City of Des Plaines. Motion declared
carried.
Moved by Erbach, seconded by Tomaszewski, to adopt the
recommendation of the Building Control and Inspection
Committee to purchase a 1981 Pontiac from Avis Used Car
Sales, 1441 Rand Road, Des Plaines, Illinois, in the
amount of $6,200.00, for the Building Department, waiving
usual bid procedures. Upon roll call, the vote was:
AYES: 14-Muehlenbeck, Kolinski, Dwiel, Kehe, Wetter,
Prellberg, Kisslinger, Adams, Erbach,
Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward
NAYS: 1 -Egan
ABSENT: 1 -Ensign
Motion declared carried.
Moved by Erbach, seconded by Tomaszewski, to adopt the
recommendation of the Building Control and Inspection
Committee that Chapter 5, Section 4-5-37, NONCONFORMING
EXISTING SIGNS, be amended to read: "Every sign or other
advertising structure lawfully in existence on the
adoption of this Chapter shall not be structurally altered
or moved unless it is made to comply with the provisions
of this Chapter. The provisions of this Section shall not
exempt the owner of any nonconforming signs from the
requirements of Section 4-5-19 pertaining to bond or
liability insurance." (Ordinance M-30-82 passed this
meeting.) Motion declared carried.
Moved by Erbach, seconded by Tomaszewski, to adopt the
recommendation of the Building Control and Inspection
Committee that a new sidewalk be installed by Hart
Schaffner & Marx on Sherwin Avenue at their new expanded
facility as required by plans approved by City Building
Department. All work to be done with approval of the
Engineering Department. Motion declared carried.
Moved by Erbach, seconded by Tomaszewski, to adopt the
recommendation of the Building Control and Inspection
Committee that a new sidewalk be installed by Littelfuse,
Inc., 800 E. Northwest Highway, as required by plans
approved by City Building Department. All work to be
done with approval of the Engineering Department.
Moved by Chiropolos, seconded by Bonaguidi, to defer
this matter until the next Council meeting on April 5,
1982.
PAINTING OF
APPARATUS
ROOM, FIRE
STATION #3:
LETTER OF
APPRECIATION:
CABLE
TELEVISION
INTER-
GOVERNMENTAL
COUNCIL:
ORDINANCE
M-20-82
DEFINING
OBSCENITY:
ORDINANCE
M-21-82
SIGNS -
OBSCENE MATTER:
ORDINANCE
M-22-82
UPDATING OF
ENVIRONMENTAL
HANDBOOK:
3/15/82
PAGE FOUR
224.
Moved by Kolinski, seconded by Dini, to adopt the
recommendation of the Fire and Civil Defense Committee
to award the bid for painting and repair of Apparatus
Room at Fire Station #3, 130 E. Thacker Avenue, to
E. Hauck & Son, 949 S. Golf Cul -De -Sac in the amount of
$2,453.00, and return bid bonds/checks to unsuccessful
bidders. Upon roll call, the vote was:
AYES: 15-Muehlenbeck, Kolinski, Kehe, Wetter, Prellberg,
Dwiel, Kisslinger, Adams, Dini, Tomaszewski,
Erbach, Chiropolos, Bonaguidi, Ward, Egan
NAYS: 0 -None
ABSENT: 1 -Ensign
Motion declared carried.
Alderman Kolinski advised that a letter of appreciation
was sent by the City's Fire Department Administration to
all those who assistedduring the fire at the Des Plaines
Theater on March 7, 1982. Mayor Seitz also sent letters
of appreciation to the various department heads involved
expressing the City's appreciation for a job well done.
Moved by Kisslinger, seconded by Dwiel, to adopt the
recommendation of the License and Inspection Committee
that the Mayor and City Clerk be authorized to sign the
Intergovernmental Agreement to participate with the
Northwest Municipal Conference in the Cablenet Inter-
governmental Cable Council, Level I and Level II, at a
cost of up to $7,000.00 per year. City Attorney to draft
necessary ordinance. Upon roll call, the vote was:
AYES: 15-Muehlenbeck, Kolinski, Kehe, Wetter, Prellberg,
Dwiel, Kisslinger, Adams, Dini, Tomaszewski,
Erbach, Chiropolos, Bonaguidi, Ward, Egan
NAYS: 0 -None
ABSENT: 1 -Ensign
Motion declared carried.
Moved by Erbach, seconded by Tomaszewski, to adopt
Ordinance M-20-82, AN ORDINANCE AMENDING SECTION 6-1-33
OF THE DES PLAINES CITY CODE, HAVING TO DO WITH OBSCENITY/
DISTRIBUTION OF OBSCENE LITERATURE, THEREBY DEFINING
OBSCENITY. Upon roll call, the vote was:
AYES: 15-Muehlenbeck, Kolinski, Kehe, Wetter, Prellberg,
Dwiel, Kisslinger, Adams, Dini, Tomaszewski,
Erbach, Chiropolos, Bonaguidi, Ward, Egan
NAYS: 0 -None
ABSENT: 1 -Ensign
Motion declared carried.
Moved by Erbach, seconded by Tomaszewski, to adopt
Ordinance M-21-82, AN ORDINANCE DELETING SECTION 4-5-25
OF THE DES PLAINES CITY CODE IN ITS ENTIRETY AND REPLACING
IT WITH A NEW SECTION 4-5-25 HAVING TO DO WITH OBSCENE
MATTER PROHIBITED, IN RELATION TO SIGNS. Upon roll call,
the vote was:
AYES: 15-Muehlenbeck, Kolinski, Kehe, Wetter, Prellberg,
Dwiel, Kisslinger, Adams, Dini, Tomaszewski,
Erbach, Chiropolos, Bonaguidi, Ward, Egan
NAYS: 0 -None
ABSENT: 1 -Ensign
Motion declared carried.
Moved by Kehe, seconded by Prellberg, to adopt Ordinance
M-22-82, AN ORDINANCE AMENDING SECTION 8-16-14 OF THE
DES PLAINES CITY CODE, THEREBY UPDATING THE REFERENCE
HANDBOOK OF SAID SECTION. Upon roll call, the vote was:
AYES: 15-Muehlenbeck, Kolinski, Kehe, Wetter, Prellberg,
Dwiel, Kisslinger, Adams, Dini, Tomaszewski,
Erbach, Chiropolos, Bonaguidi, Ward, Egan
NAYS: 0 -None
ABSENT: 1 -Ensign
Motion declared carried.
ORDINANCE
M-23-82
LIBRARY
AUTOMATIC
CIRCULATION
SYSTEM:
ORDINANCE
M-24-82
IND. DEV. REV.
BONDS
2500 DEVON
LEASING
ASSOCIATION:
ORDINANCE
M-25-82
HANDICAPPED/
DISABLED
RESTRICTED
PARKING:
ORDINANCE
Z-4-82
424 E. HOWARD:
3/15/8
PAGE FIVE
Moved by Wetter, seconded Kisslinger, to ado
M-23-82, AN ORDINANCE PROVIDING FOR BORROWIN
ISSUING A NOTE OF THE CITY OF DES PLAINES, C
ILLINOIS, TO THE AMOUNT OF $250,000 FOR THE
PAYING THE COST OF PURCHASING AND INSTALLING
CIRCULATION SYSTEM FOR THE DES PLAINES PUBLI
Moved by Wetter, seconded by Dini, to amend
to delete the word "Acting" preceding City C
5, 8 and 11. Motion to amend declared carri
Upon roll call for passage of Ordinance as a
vote was:
AYES: 15-Muehlenbeck, Kolinski, Kehe, Wette
Dwiel, Kisslinger, Adams, Dini, To
Erbach, Chiropolos, Bonaguidi, War
NAYS: 0 -None
ABSENT: 1 -Ensign
Motion declared carried.
Moved by Ward, seconded by Prellberg, to ado
M-24-82, AN ORDINANCE TO ISSUE INDUSTRIAL DE
REVENUE BONDS (2500 DEVON LEASING ASSOCIATIO
Upon roll call the vote was:
AYES: 14-Muehlenbeck, Kolinski, Kehe, Wette
Dwiel, Kisslinger, Adams, Dini, To
Erbach, Chiropolos, Bonaguidi, War
NAYS: 1 -Egan
ABSENT: 1 -Ensign
Motion declared carried.
Moved by Kehe, seconded by Erbach, to adopt
M-25-82, AN ORDINANCE AMENDING TITLE X OF TH
CITY CODE, ADDING THERETO A NEW CHAPTER 15 D
HANDICAPPED AND DISABLED RESTRICTED PARKING
OWNED/OPERATED PROPERTIES AND RESIDENTIAL ST
roll call, the vote was:
AYES: 15-Muehlenbeck, Kolinski, Kehe, Wette
Dwiel, Kisslinger, Adams, Dini, To
Erbach, Chiropolos, Bonaguidi, War
NAYS: 0 -None
ABSENT: 1 -Ensign
Motion declared carried.
Moved by Kehe, seconded by Prellberg, to ado
Z-4-82, AN ORDINANCE GRANTING A VARIATION U
ORDINANCE OF THE CITY OF DES PLAINES, ILLIN
•
1
e
225.
t Ordinance
MONEY AND
OK COUNTY,
URPOSE OF
AN AUTOMATIC
LIBRARY.
he Ordinance
erk on Pages
d.
ended, the
, Prellberg,
aszewski,
, Egan
t Ordinance
ELOPMENT
PROJECT).
, Prellberg,
aszewski,
rdinance
DES PLAINES
ALING WITH
N MUNICIPALLY
EETS. Upon
, Prellberg,
aszewski,
, Egan
.t Ordinance
IN • THE ZONING
IS. (Case
82-7-V, 424 E. Howard Street). Upon roll call, the vote
was:
AYES: 15-Muehlenbeck, Kolinski, Kehe, Wette , Prellberg,
Dwiel, Kisslinger, Adams, Dini, To aszewski,
Erbach, Chiropolos, Bonaguidi, War , Egan
NAYS: 0 -None
ABSENT: 1 -Ensign
Motion declared carried.
•
APPLICATION Alderman Kisslinger's request that consider tion be given
FILING FEES: to retaining part of filing fee for any app ication
withdrawn or denied, to compensate for time .nd effort
in processing application was referred by t e Mayor to the
City Attorney.
ORDINANCE
M-28-82
IND. DEV. REV.
BONDS,
NU -WAY MFG./
ISSUE
AUTHORIZATION:
ORDINANCE
M-29-82
SUBDIVISION
REGULATIONS:
ORDINANCE
M-30-82
WORDAGE OF
NONCONFORMING
EXISTING
SIGNS:
RESOLUTION
R-7-82
OMITTED
SERVICE
CREDIT,
ANTHONY
CALABRESE:
APPOINTMENTS:
REAPPOINT-
MENTS:
3/15/82
PAGE SIX
226.
Placed on First Reading was Ordinance M-28-82, INITIAL
BOND ORDINANCE RELATING TO INDUSTRIAL DEVELOPMENT REVENUE
BOND FINANCING ON BEHALF OF NU -WAY MANUFACTURING CO., INC.
Placed on First Reading was Ordinance M-29-92, AN ORDINANCE
AMENDING SECTIONS 9-12-15, 9-12-16, AND 9-12-17 OF THE
DES PLAINES CITY CODE AND ADDING THERETO A NEW SECTION
9-12-18, ALL PERTAINING TO SUBDIVISION REGULATIONS.
Moved by Erbach, seconded by Tomaszewski, to waive First
Reading and place on passage Ordinance M-30-82. Motion
declared carried.
Moved by Erbach, seconded by Tomaszewski, to adopt
Ordinance M-30-82, AN ORDINANCE AMENDING SECTION 4-5-37
OF THE DES PLAINES CITY CODE, THEREBY ALTERING THE WORDAGE
OF SAID SECTION. Upon roll call, the vote was:
AYES: 15-Muehlenbeck, Kolinski, Kehe, Wetter, Prellberg,
Dwiel, Kisslinger, Adams, Dini, Tomaszewski,
Erbach, Chiropolos, Bonaguidi, Ward, Egan
NAYS: 0 -None
ABSENT: 1 -Ensign
Motion declared carried.
Moved by Prellberg, seconded by Erbach, to adopt
Resolution R-7-82, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DES PLAINES ISSUING OMITTED SERVICE CREDIT TO
ANTHONY CALABRESE. Upon roll call, the vote was:
AYES: 15-Muehlenbeck, Kolinski, Kehe, Wetter, Prellberg,
Dwiel, Kisslinger, Adams, Dini, Tomaszewski,
Erbach, Chiropolos, Bonaguidi, Ward, Egan
NAYS: 0 -None
ABSENT: 1 -Ensign
Motion declared carried.
Moved by Dwiel, seconded by Erbach, to concur with the
Mayor's appointment of Jerome E. Matula as Commissioner
of Public Works, Mr. Arthur T. Kozlinka as Superintendent
of Streets and Mr. Kenneth Tiernan as Superintendent of
Sewers. Motion declared carried.
Moved by Erbach, seconded by Kehe, to concur with the
Mayor's reappointments as follows:
ARCHITECTURAL COMMISSION
Wm. Muehlenbeck
HISTORICAL LANDMARK COMMISSION
John Rasmussen
David Flaskamp
Human Relations Commission
Barbara Schmidt
HOUSING COMMISSION
Ralph Martin
SENIOR ADVISORY COUNCIL
Robert Placko
Madeline Southwell
Motion declared carried.
One Year Term
Three Year Term
Three Year Term
One Year Term
Term Expires 3/4/86
Four Year Term
Four Year Term
1
1
3/15/82
PAGE SEVEN
227.
REAPPOINT- Letter from Mayor Seitz regarding the reappointment of
MENTS (cont'd.) James Williams as Chairman of the Consumer Protection Comm.
for a term of 4 years, and A. C. Wilson to the Board
of Fire and Police Commissioners for a term of 3 years,
will be before the City Council at the next Council
meeting on Monday, April 5, 1982.
LIQUOR Application for liquor license for Brown's Chicken,
LICENSE 1495 Elmhurst Road, was referred to the License and
BROWN'S Inspection Committee, for a Class H license.
CHICKEN
ZONING CASE Letter from Des Plaines Plan Commission re Zoning Case
82 -5 -SU -A 82 -5 -SU -A, Crisis Homes and Randy and Joanine Larson,
CRISIS HOMES: 1365 Prospect Avenue, was referred to the Municipal
Development Committee.
USE OF BEHREL Letter from Des Plaines National Bank requesting use of
PARKING DECK: the Herbert H. Behrel Parking Deck on Sunday, May 16,
1982 from 9 A.M. to 9 P.M. to.hold 25th Anniversary
celebration was referrred to Building and Grounds Committee.
ADVERTISING City Clerk's Office will be advertising for bids as
FOR BIDS: follows:
1. 1982 Trees Spring Plant and Tree Trimming Service,
returnable 3:00 P.M., March 31, 1982.
2. Special Operations Equipment (body armor),
returnable 3:00 P.M., April 1, 1982.
3. One New 1982 Municipal Street Sweeper,
returnable 3:00 P.M., April 1, 1982.
4. Two 1982 Portable Diesel Powered, Screw Type Air
Compressors; Two Pneumatic Concrete Breakers with
Mufflers; Two Lengths of 50 Inch Hose,
returnable 3:00 P.M., April 1, 1982.
5. Body & Fender Maintenance and Car Washing Service,
returnable April 15, 1982.
6. One 1982 3/4 Ton, 4 -Wheel Drive Pick -Up Truck for
Des Plaines Fire Department,
returnable 3:00 P.M., April 19, 1982
PUBLIC Mayor Seitz advised that there would be a public hearing
HEARING, on March 18, 1982, beginning at 3:00 P.M. on PhasehI of -
PHASE I, the O'Hare Expansion at the O'Hare Hilton. Bus service
O'HARE will be available and the schedule can be obtained from
EXPANSION: the Environmental Control Officer, Philip Lindahl.
ADJOURNMENT:
Moved by Kehe, seconded by Dwiel, that the regular meeting
of the City Council adjourn. Motion declared carried.
Meeting adjourned at 9:50 P.M.
APPROVED BY ME THIS
DAY OF
, 1982
John E. Sei'z, Mayor
Donna McAllister, City Clerk