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08/16/1982285. MINUTES 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, AUGUST 16, 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 8:35 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, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan. Alderman Kolinski was absent. 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 Health Director McIntosh, Acting Director Richardson of Municipal Development Department, Environmental Officer Lindahl, Administrative Assistant Taylor and City Attorney Smith. PRAYER AND PLEDGE: MINUTES: The meeting opened with prayer by Pastor Jim Rider, Des Plaines Bible Church, followed by Pledge of Allegiance to the Flag. Moved by Kehe, seconded by Tomaszewski, to approve Minutes of the regular meeting of the City Council held August 2, 1982, as published. Motion declared carried. BILLS Moved by Ward, seconded by Prellberg, to adopt the PAYABLE: 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, in the amount of $467,259.04 minus $550.00, Fred Downey, Jr., Check No. 22942, for a total of $466,709.04. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Kolinski Motion declared carried. ROSE AVENUE Moved by Tomaszewski, seconded by Martin, to adopt the CUL-DE-SAC recommendation of the Water & Sewer Committee to approve WATER MAIN change order to add $3,452.00 to the contract for the PROJECT Rose Avenue Water Main Construction project for driveway CHANGE construction. Upon roll call, the vote was: ORDER: AYES: 15-Muehlenbeck, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Kolinski Motion declared carried. ORDINANCE Moved by Erbach, seconded by Ward, to adopt the M-26-82 recommendation of the Municipal Development Committee ECONOMIC to approve minor changes as underlined on Page 3, DEVELOPMENT amended August 10, 1982, to Ordinance M-26-82, creating COMMISSION: an Economic Development Commission. (Ordinance on Second Reading this meeting.) Motion declared carried. ZONING CASE 82 -34 -RV 2085-2127 MINER ST.: BEHREL DECK BEAUTIFICATION: FLAGS ON BEHREL DECK FOR JAYCEES OKTOBERFEST: UNITED WAY ANNUAL THERMOMETER SIGN: LIQUOR LICENSE 1920 MANNHEIM RD.: ORDINANCE M-26-82 ECONOMIC DEVELOPMENT COMMISSION: ORDINANCE M-46-82 1982 TAX LEVY: 8/16/82 PAGE TWO 286. Moved by Erbach, seconded by Tomaszewski, to adopt the recommendation of the Municipal Development committee to concur with the Des Plaines Zoning Board of Appeals that property at 2085-2127 be rezoned from R-2 Single Family Residence District to C-1 Commercial Neighborhood Shopping District and grant variations to permit parking in front and side yards within 5' of adjacent residential district and reduce number of required loading spaces from seven to one, and a convenant be placed against the property which states that it be developed substantially as proposed by Dolphin Land Development Corporation in their plan, dated July 24, 1982, incorporating recommen- dations in letter from Acting City Engineer Crowley, dated August 9, 1982, and City Attorney to draft necessary ordinance. Motion declared carried. Aldermen Egan and Kisslinger voted no. Alderman Muehlenbeck abstained. Moved by Chiropolos, seconded by Dini, to adopt the recommendation of the Beautification Committee that wooden chips be used to fill in easement adjacent to north side of Behrel Parking Deck, and that the Mayor write a letter_to the Northwestern Railroad requesting they refrain from depositing debris on easement and restore grounds to original condition after completing their maintenance projects. Motion declared carried. Moved by Martin, seconded by Erbach, to adopt the recommendation of the Building Control & Inspection Committee, that Des Plaines Jaycees be allowed to hang flags on Behrel Parking Deck from August 19 - 23, 1982, for their 1982 Oktoberfest. Motion declared carried. Alderman Egan abstained. Moved by Martin seconded by Tomaszewski, to adopt the recommendation of the Building Control & Inspection Committee, that United Way of Des Plaines be allowed to install their annual thermometer sign and usual fee for permit be waived. Motion declared carried. Moved by Kisslinger, seconded by Erbach, to adopt the recommendation of the License & Inspection Committee, that Convenient Food Mart, 1920 Mannheim Road, be denied a Class B (Bulk Sale Dealer) liquor license. Motion declared carried. Alderman Egan voted no. Moved by Erbach, seconded by Tomaszewski, to adopt Ordinance M-26-82, AN ORDINANCE AMENDING TITLE II OF THE DES PLAINES CITY CODE, ADDING THERETO A NEW CHAPTER 23 PROVIDING FOR THE CREATING OF AN ECONOMIC DEVELOPMENT COMMISSION. Upon roll call, thevote was: AYES: 15-Muehlenbeck, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Kolinski Motion declared carried. Moved by Ward, seconded by Martin, to amend Ordinance M-46-82 to change amount levied against all taxable property from $5,409,500 to $5,184,263. Upon roll call, the vote was: AYES: 7-Muehlenbeck, Dwiel, Martin, Wetter, Prellberg, Adams, Ward NAYS: 8-Kehe, Kisslinger, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan ABSENT: 1-Kolinski Motion declared lost. ORDINANCE M-46-82 (Cont'd.): ORDINANCE M-48-82 1982 TAX LEVY ABATEMENT FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS: ORDINANCE M-49-82 1982 TAX LEVY ABATEMENT FOR CORPORATE PURPOSE REFUNDING BOND: ORDINANCE M-50-82 LANDSCAPING REQUIREMENTS FOR RESTAURANTS: ORDINANCE M-51-82 LANDSCAPING PLANS FOR RESTAURANTS: 8/16/82 PAGE THREE 287. Moved by Kehe, seconded by Erbach, to adopt Ordinance M-46-82, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1982 AND ENDING DECEMBER 31, 1982. Upon roll call, the vote was: AYES: 9-Dwiel, Kehe, Martin, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 6-Muehlenbeck, Wetter, Prellberg, Kisslinger, Adams, Ward ABSENT: 1-Kolinski Motion declared carried. Moved by Erbach, seconded by Tomaszewski, to adopt Ordinance M-48-82, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, PROVIDING FOR THE ABATEMENT OF THE 1982 TAX LEVY PREVIOUSLY MADE BY THE CITY OF DES PLAINES, FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1975. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Kolinski Motion declared carried. Moved by Erbach, seconded by Ward, to adopt Ordinance M-49-82, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, PROVIDING FOR THE ABATEMENT OF THE 1982 TAX LEVY PREVIOUSLY MADE BY THE CITY OF DES PLAINES, FOR THE CORPORATE PURPOSE REFUNDING BOND. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Kolinski Motion declared carried. Moved by Tomaszewski, seconded by Dini, to adopt Ordinance M-50-82, AN ORDINANCE AMENDING SECTION 8-1-5(F) OF THE DES PLAINES CITY CODE, ADDING THERETO WORDAGE PERTAINING TO LANDSCAPING FORMATIONS IN CLOSE PROXIMITY TO RESTAURANT GARBAGE AND RUBBISH DISPOSAL AREAS. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Kolinski Motion declared carried. Moved by Tomaszewski, seconded by Dini, to adopt Ordinance M-51-82, AN ORDINANCE AMENDING CHAPTER 4, TITLE IV, OF THE DES PLAINES CITY CODE, ADDING THERETO A NEW SECTION 4-4-9 HAVING TO DO WITH LANDSCAPING PLANS FOR RESTAURANTS. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Kolinski Motion declared carried. ��a 288. 8/16/82 PAGE FOUR ORDINANCE Moved by Kehe, seconded by Dwiel, to adopt Ordinance M-52-82 M-52-82, AN ORDINANCE AMENDING SECTIONS 5-2-1.3(C) AND FEE FOR 5-2-1.3(H) OF THE DES PLAINES CITY CODE, ADDING THERETO LICENSE FEE FOR PROCESSING LICENSE APPLICATION. Upon roll call, APPLICATION: the vote was: AYES: 15-Muehlenbeck, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Kolinski Motion declared carried. ORDINANCE Moved by Kisslinger, seconded by Tomaszewski, to adopt Z-13-82 Ordinance Z-13-82, AN ORDINANCE GRANTING A SPECIAL USE SPECIAL USE TO PERMIT A CABLE TELEVISION FACILITY IN R-2 SINGLE FOR CABLE FAMILY RESIDENCE DISTRICT. CASE NO. 82 -30 -A -SU TV FACILITY: (1012 THACKER STREET). Upon roll call, the vote was: AYES: 15-Muehlenbeck, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward, Egan NAYS: 0 -None ABSENT: 1-Kolinski Motion declared carried. ORDINANCE Moved by Kisslinger, seconded by Erbach, to adopt Z-14-82 Ordinance Z-14-82, AN. ORDINANCE AMENDING THE TEXT OF TEXT ARTICLE 3 OF THE DES PLAINES ZONING ORDINANCE, ADDING AMENDMENTS THERETO A NEW SUBSECTION 4.1.2.18, THEREBY PERMITTING RE CABLE TV CABLE TELEVISION FACILITY AS A SPECIAL USE IN R-2 FACILITY: DISTRICT, AND FURTHER AMENDING THE TEXT OF ARTICLE 9 OF THE ZONING ORDINANCE, ADDING THERETO A NEW SUBSECTION 9.1.7.1.1.8, THEREBY DESIGNATING THE NUMBER OF PARKING SPACES REQUIRED FOR A CABLE TELEVISION FACILITY IN R-2 DISTRICT. CASE NO. 82 -30 -A -SU. Upon roll call, the vote was: AYES: 14-Muehlenbeck, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward NAYS: 0 -None ABSENT: 2-Kolinski, Egan Motion declared carried. ORDINANCE Moved by Kehe, seconded by Muehlenbeck, to waive First T-6-82 Reading and place on passage Ordinance T-6-82. Motion PARKING ON declared carried. RAND ROAD: Moved by Kehe, seconded by Muehlenbeck, to adopt Ordinance T-6-82, AN ORDINANCE REGULATING PARKING ON RAND ROAD, WITHIN THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 14-Muehlenbeck, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward NAYS: 0 -None ABSENT: 2-Kolinski, Egan Motion declared carried. ORDINANCE Moved by Kehe, seconded by Kisslinger, to waive First T-7-82 Reading and place on passage Ordinance T-7-82. Motion DISCHARGE OF declared carried. WASTE WATER: ORDINANCE T-7-82 (Cont'd.): ORDINANCE T-8-82 ENCROACHMENT ON PUBLIC RIGHT-OF- WAY:. (Rand Road Improvement) ORDINANCE M-56-82 IND. DEV. REV. BONDS, GABRIELE PROJECT #2, ISSUE AGREE- MENT: RESOLUTION R-20-82 TRANSFER OF PARKING METER FUNDS TO DEBT SERVICE FUND: ADVERTISING FOR BIDS: 8/16/82 PAGE FIVE 289 Moved by Kehe, seconded by Kisslinger, to adopt Ordinance T-7-82, AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE WATER INTO RAND ROAD STORM SEWERS AND/OR INTO ANY STORM SEWERS WITHIN THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 14-Muehlenbeck, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward NAYS: 0 -None ABSENT: 2-Kolinski, Egan Motion declared carried. Moved by Kehe, seconded by Muehlenbeck, to waive First Reading and place on passage Ordinance T-8-82. Motion declared carried. Moved by Kehe, seconded by Muehlenbeck, to adopt Ordinance T-8-82, AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT-OF-WAY IN THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. Upon roll call, the vote was: AYES: 14-Muehlenbeck, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward NAYS: 0 -None ABSENT: 2-Kolinski, Egan Motion declared carried. Placed on First Reading was Ordinance M-56-82, AN ORDINANCE AUTHORIZING THE FINANCING OF OFFICE BUILDING FACILITIES IN ACCORDANCE WITH ORDINANCE M-32-81 HAVING AN ESTIMATED COST OF $9,500,000; AUTHORIZING THE ISSUANCE OF $9,500,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (O'HARE ATRIUM OFFICE CENTRE PROJECT) SERIES 1982 TO FINANCE SAID FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS AND O'HARE ATRIUM OFFICE CENTRE, A LIMITED PARTNERSHIP; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST SECURING SAID BONDS; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF SAID BONDS TO WILLIAM BLAIR & COMPANY; AND AUTHORIZING AN OFFICIAL STATEMENT RELATING TO SAID BONDS, AND RELATED MATTERS. Moved by Prellberg, seconded by Kisslinger, to adopt Resolution R-20-82, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, AUTHORIZING THE TRANSFER OF FUNDS FROM THE PARKING METER FUND TO THE DEBT SERVICE FUND. Upon roll call, the vote was: AYES: 14-Muehlenbeck, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Ward NAYS: 0 -None ABSENT: 2-Kolinski, Egan Motion declared carried. City Clerk's office is advertising for bid for Fall Plant - 1982, returnable by 3 P.M. on Friday, August 27, 1982 1 1 1 ZONING CASE 82-32-A TEXT AMENDMENT RE RESTAURANTS AS SPECIAL USE: APPOINTMENT: FLOODING: COUNCIL MEETING: ADJOURNMENT: 290. 8/16/82 PAGE SIX Letter from Des Plaines Zoning Board of Appeals re Zoning Case 82-32-A, text amendments re restaurants as Special Use was referred to Municipal Development Committee. Moved by Wetter, seconded by Martin, to concur with Mayor's appointment of Alexander P. White to the Public Employees Labor Relations Board, termlto expire November 16, 1985. Motion declared carried. Letter from Alderman Adams regarding flooding difficulties experienced by residents in the area of the Metpath Project, Lee Street and Touhy Avenue, was referred to the Building Control & Inspection Committee and the Engineering Department for study and report. Mayor Seitz announced that the next Council meeting would be held on Tuesday, September 7, 1982, because of the legal holiday on Monday, September 6, 1982. Moved by Tomaszewski, seconded by Chiropolos, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:09 P.M. APPROVED BY ME THIS g DAY OF Donna McAllister, ty Clerk