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07/19/1982MINUTES 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, JULY 19, 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 8:05 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, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Dini, Chiropolos, Ward, Egan. Absent were Aldermen Tomaszewski and Bonaguidi. Alderman Bonaguidi arrived at 8:15 P.M. Also present were: City Comptroller Blietz, City Treasurer Swanson, Commissioner of Public Works Matula, Fire Chief Gedroic, Police Chief Alfano, Acting City Engineer Crowley, Acting Director Richardson of Municipal Development Department, Acting Health Director McIntosh, Administrative Assistant Taylor and City Attorney Smith. PRAYER AND PLEDGE: PRESENTATION, ENSIGN MEMORIAL RESOLUTION: MINUTES: ZONING CASE 82-28-R, 1201 FOREST AVENUE: ZONING CASE 82 -30 -A -SU, TEXT AMEND. 1012 THACKER STREET: BILLS PAYABLE: The meeting opened with prayer by Father Rosemeyer, St.Mary's Church, following by the Pledge of Allegiance to the Flag. Mayor Seitz presented Mrs. Ralph Ensign a framed copy of the resolution passed by City Council expressing sympathy upon the passing of Alderman Ralph Ensign, former Third Ward alderman. Moved by Kehe, seconded by Erbach, to approve the Minutes of the regular meeting of the City Council held on July 6, 1982, as published. Motion declared carried. Moved by Erbach, seconded by Kisslinger, to adopt the recommendation of the Municipal Development Committee to deny request for rezoning 1201 Forest Avenue (Allen Newman and Walter Hasselmann) from R-2 Single Family Residential to. C-1. Neighborhood Shopping District. Motion declared carried. Moved by Erbach, seconded by Kisslinger, to adopt the recommendation of Municipal Development Committee to concur with Des Plaines Zoning Board of Appeals in Case 82 -30 -A -SU, 1012 Thacker Street (West School), and authorize City Attorney to prepare necessary ordinances for text amendment and Special Use of said property. Motion declared carried. Moved by Ward, seconded by Prellberg, 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 $371,448.50. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin Wetter, Prellberg, Kisslinger, Adams, Erbach, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Tomaszewski Motion declared carried. 275 7/19/82 PAGE TWO 1982 TAX LEVY Moved by Ward, seconded by Prellberg, to adopt the PUBLIC HEARING: recommendation of the Finance & Insurance Committee that inasmuch as the Corporate Authorities of the City of Des Plaines at the Finance & Insurance Committee Meeting of July 19, 1982, have determined that the amount of the 1982 Tax Levy is more than 105% of the 1981 tax extension exclusive of election costs and bond principal and interest; and it is estimated that the amount of property taxes, exclusive of election costs and bond principal and interest levies, to be extended on behalf of the City for the year 1981 is $4,431,685.00; and that the amount of the proposed levy for 1982, exclusive of election costs and bond principal and interest levies is $4,865,763.00; and therefore that the Tax Levy for the 1982 year has been increased 9.8% (9.36% when election costs and bond principal and interest levies are included) over the amount extended for the year 1981, the City Attorney be authorized to prepare the 1982 Tax Levy ordinance for First Reading at the next Council meeting on August 2, 1982, and that a public hearing be held as required under the Truth In Taxation Act. Said public hearing concerning the 1982 Tax Levy to be held on Monday, August 2, 1982, at 7:00 P.M. in Room 103 of Des Plaines City Hall. Upon roll call, the vote was: AYES: 10-Muehlenbeck, Kehe, Martin, Wetter, Prellberg, Adams, Erbach, Chiropolos, Bonaguidi, Ward NAYS: 5-Kolinski, Dwiel, Kisslinger, Dini, Egan ABSENT: 1-Tomaszewski Motion declared carried. CHICAGO WATER SUIT, ADDITIONAL FUNDS: DRUG PARAPHERNALIA ORDINANCE: BEAUTIFICATION RESTRICTIONS, FOOD SERVICE OPERATIONS: Moved by Ward, seconded by Prellberg, to adopt the recommendation of the Finance & Insurance Committee that an additional contribution of $10,713.60 be made to the collective community fund for the Chicago Water Suit. Upon roll call, the vote was: AYES: 12-Muehlenbeck, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Dini, Chiropolos, Bonaguidi, Ward NAYS: 3-Kolinski, Dwiel, Egan ABSENT: 1-Tomaszewski Motion declared carried. Moved by Bonaguidi, seconded by Erbach, to adopt the recommendation of the City Code & Judiciary Committee that the City adopt a drug ordinance parallel to the Hoffman Estates ordinance. The ordinance will license the sale and distribution of drug paraphernalia at a fee of $700.00 for the first year and $500.00 for each year thereafter, and that the City Attorney be authorized to draft the necessary ordinance. Motion declared carried. Moved by Chiropolos, seconded by Muehlenbeck, to adopt the recommendation of the Beautification & Forestry Committee to concur with request of Health Department to restrict placement of ornamental, earth and shrubbery formations to locations which are not in close proximity to the restaurant, dumpster or garbage collection area, and that the Health Department be included in the approval of landscaping plans prior to issuance of building permits for restaurants, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. 7/19/82 PAGE THREE 276. WALKING Alderman Chiropolos requested that the Mayor, Aldermen TOUR OF and Administrative Assistant join him on a walking tour BEHREL DECK: of the Behrel Deck on Tuesday, August 10, 1982, at 7:00 P.M. to examine the condition of the Behrel Deck with regard to beautification. SIDEWALK SALE, Moved by Kehe, seconded by Kisslinger, to adopt the CHAMBER OF recommendation of Streets & Traffic Committee to grant COMMERCE: the request of Des Plaines Chamber of Commerce and Industry to hold their annual Sidewalk Sale on August 19, 20, 21 and 22, 1982. Motion declared carried. LEAF LOADER: Moved by Kehe, seconded by Kisslinger, to adopt the recommendation of Streets & Traffic Committee to award the bid for one new Leaf Loader to R. H. Lyons Equipment Company, 11 S. 165 Madison Street, Hinsdale, 60521, in the amount of $15,498.00, and return bid bonds/checks to unsuccessful bidders. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Tomaszewski Motion declared carried. RAND ROAD Moved by Kehe, seconded by Muehlenbeck, to adopt the PHASE THREE recommendation of Streets & Traffic Committee that the RECONSTRUCION: Mayor and City Clerk be authorized to sign agreement between IDOT and the City for widening and resurfacing of Rand Road (F.A.U. Route 3523), State Section 120Y-RS(80), City Section 81 -00126 -00 -PW, from U.S. Route 12-45 to west of Dempster Street, and further to adopt a resolution appropriating MFT Funds in the amount of $60,268.50, as the City's share of the improvement. City Attorney to draft necessary ordinance to regulate encroachment on public right of way in the area of this improvement. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Tomaszewski Motion declared carried. BRUSH REMOVAL Moved by Adams, seconded by Chiropolos, to adopt the BEHIND CITY recommendation of Sanitation Committee to award bid GARAGE: removal of brush behind City Garage to Albrecht Enterprises, Inc., 1213 Golf Road, Des Plaines, in the total amount of $18,887.00. Upon roll call, the vote was: AYES: 14-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Dini, Chiropolos, Bonaguidi, Ward NAYS: 1 -Egan ABSENT: 1-Tomaszewski Motion declared carried. CLOSING OF Moved by Martin, seconded by Erbach, to adopt the EAST STAIRWELL recommendation of the Building Control & Inspection OF BEHREL DECK: Committee to concur with request from Building & Grounds Committee that a variation be granted allowing the east stairwell of Behrel Parking Deck be closed and signs be installed throughout the garage directing patrons to usable stair and indicating the one that is closed. Motion declared carried. FENCE VARIATION, 344 LYMAN AVENUE: FENCE VARIATION, 284 WOLF ROAD: VARIANCE TO ELECTRICAL CODE - METPATH: * SEE OVER LIQUOR LICENSE, FOX & HOUNDS TAVERN: FEE RETENTION FOR LICENSE APPLICATIONS: ** SEE OVER 1982 STORM SEWER IMPROVEMENT: ORDINANCE M-44-82 POSITION RE -CLASSIFI- CATIONS: 7/19/82 PAGE FOUR 277 Moved by Martin, seconded by Kolinski, to adopt the recommendation of the Building Control & Inspection Committee to grant request for fence variation for 5' fence on north side of lot with 33% see-through capability, one foot from property line. Motion declared carried. Moved by Martin, seconded by Erbach, to adopt the recommendation of the Building Control & Inspection Committee to grant request for fence variation for a solid 6' fence beginning at building line adjacent to house and angling to within 1' of property line on southwest corner of lot. Motion declared carried. Moved by Martin, seconded by Erbach, to adopt the recommendation of the Building Control & Inspection Committee that per NFPA No. 75 "Electronic Computer Equipment," adopted by the City under adoption of National Fire Codes, that appeal be granted permitting Metpath, 1300 E. Touhy Avenue, to use sealtight flex conduit (Anaconda) for power supply cables and Russell Stowell watertight connectors. Motion declared carried. Alderman Egan voted no. Moved by Kisslinger, seconded by Dwiel, to adopt the recommendation of the License & Inspection Committee to grant a Class A Liquor License to the new owners of Fox & Hounds Tavern, Ltd., 1584 Rand Road. Motion declared carried. Moved by Kisslinger, seconded by Dwiel, to adopt the recommendation of the License & Inspection Committee that the City Attorney be authorize to draft a revision to existing ordinance on coin-operated amusement devices adding a paragraph, "Notwithstanding the foregoing, the City shall retain $250.00 of each $500.00 first year application fee, for application processing purposes regardless of whether or not a license is granted to applicant." Since no costs are incurred in processing liquor licenses at this time, no fee retention is recommended. Motion declared carried. Moved by Ward, seconded by Martin, to adopt the recommendation of the Water & Sewer Committee to award the bid for 1982 Storm Sewer Improvement, MFT Section No. 82-00129-00 SS, to the low bidder, Swallow Construction Company, 1 S 744 Meadow Lane, Lombard, 60148, in the amount of $77,236.50, and return bid bonds/checks to unsuccessful bidders. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Tomaszewski Motion declared carried. Moved by Erbach, seconded by Ward, to adopt Ordinance M-44-82. Moved by Dwiel, seconded by Egan, to table the motion. Upon roll call (Aye vote to table), the vote was: AYES: 7-Muehlenbeck, Kolinski, Dwiel, Prellberg, Adams, Dini, Egan NAYS: 8-Kehe, Martin, Wetter, Kisslinger, Erbach, Chiropolos, Bonaguidi, Ward ABSENT: I-Tomaszewski Motion to table failed. * CORRECTION: Third Paragraph, 8th Line, add sentence, "For communication supply cables, in the Computer Room only, manufacturer's supplied cable will be used." ** CORRECTION: Fifth Paragraph, 9th Line, remove word "no" and add word "lesser" and on llth Line after "recommended" add "at this time." 1 1 -7/19/82 .PAGE FIVE 278. ORDINANCE Upon roll call, the vote to adopt Ordinance M-44-82, M-44-82 AN ORDINANCE AMENDING SCHEDULE IV, SECTION 1-15-4(A), Cont'd. OF THE POSITION CLASSIFICATION & COMPENSATION PLAN OF THE DES PLAINES CITY CODE, ADDING THERETO THE POSITIONS OF DIRECTOR AND DEPUTY DIRECTOR OF MUNICIPAL DEVELOPMENT, was: AYES: 6-Kehe, Martin, Wetter, Erbach, Bonaguidi, Ward NAYS: 9-Muehlenbeck, Kolinski, Dwiel, Prellberg, Kisslinger, Adams, Dini, Chiropolos, Egan ABSENT:1-Tomaszewski Motion declared lost. ORDINANCE Moved Kehe, seconded by Prellberg, to adopt Ordinance M-45-82 M-45-82, AN ORDINANCE AGREEING TO ISSUE INDUSTRIAL IND. DEV. REV. DEVELOPMENT REVENUE BONDS (HAUSMAN BUS PROJECT). Upon BONDS, roll call, the vote was: HAUSMAN BUS AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, PROJECT: Wetter, Prellberg, Kisslinger, Adams, Erbach, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Tomaszewski Motion declared carried. ORDINANCE Moved by Erbach, seconded by Dini, to adopt Ordinance Z-9-82 Z-9-82, AN ORDINANCE GRANTING A VARIATION UNDER THE 2800 RIVER ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, ROAD: CASE NO. 82-16-V (2800 River Road). Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Tomaszewski Motion declared carried. ORDINANCE Placed on First Reading was Ordinance M-47-82, AN M-47-82 ORDINANCE AMENDING ORDINANCE M-100-81 AGREEING TO IND. DEV. REV. ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE BONDS, O'HARE ATRIUM OFFICE CENTRE PROJECT, ADDING THERETO GABRIELE A FIRST SUPPLEMENTAL MEMORANDUM OF AGREEMENT, ISSUE PROJECT #2: AMOUNT NOT TO EXCEED $9,500,000. ORDINANCE Placed on First Reading was Ordinance Z-10-82, AN Z-10-82 ORDINANCE GRANTING A VARIATION UNDER THE ZONING 1365 LEE ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS. CASE STREET: NO. 82-23-V (1365 Lee Street). ORDINANCE Placed on First Reading was Ordinance Z-11-82, AN Z-11-82 ORDINANCE AMENDING THE TEXT OF SECTIONS 4.4.2.3.2, TEXT 4.4.2.1.7, 4.4.2.3, 9.1.1.2, 9.1.7.1.1.4, 9.1.7.1.1.7, AMENDMENTS 9.1.7.2.2.11 AND 9.1.7.2.2.13 OF THE DES PLAINES RE PARKING: ZONING ORDINANCE, PERTAINING TO PARKING FOR RESTAURANTS, BUSINESSES, TRADE OR COMMERCIAL SCHOOLS AND PRIVATE SCHOOLS (INCLUDING ELEMENTARY AND SECONDARY). CASE NO. 82-24-A. ORDINANCE Moved by Erbach, seconded by Muehlenbeck, to waive Z-12-82 First Reading and place on passage Ordinance Z-12-82. TEXT Motion declared carried. AMENDMENT RE BUS AND Moved by Erbach, seconded by Muehlenbeck, to adopt PARTS SALES: Ordinance Z-12-82, AN ORDINANCE AMENDING ARTICLE 4 OF THE DES PLAINES ZONING ORDINANCE, THEREBY ADDING A NEW SECTION 4.2.2.47 TO PERMIT THE OPERATION OF A BUS SALES AND PARTS COMPANY IN C-2 COMMERCIAL DISTRICT. CASE NO. 82-25-A. Upon roll call, the vote was: AYES: 14-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Dini, Bonaguidi, Ward, Egan NAYS: 1-Chiropolos ABSENT: 1-Tomaszewski Motion declared carried. 1 1 279. 7/19/82 PAGE SIX APPOINTMENT: Moved by Wetter, seconded by Martin, to concur with Mayor's appointment of William Vedral to the Library Board to fill the vacancy created by the resignation of Patricia Dahl, term to expire July 30, 1983. Motion declared carried. ADJOURNMENT: Moved by Kolinski, seconded by Erbach, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:15 P.M. APPROVED BY ME THIS 3 DAY OF i UGUST , 1982 Donna McAllister, City Clerk