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09/19/1983MINUTES 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, SEPTEMBER 19, 1983 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.T., in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center. ROLL CALL: Roll Call indicated the following aldermen present: Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca Also present were: City Treasurer Swanson, City Comptroller Blietz, Commissioner of Public Works Matula, Police Chief Alfano, Fire Chief Gedroic, Municipal Development Department Director Richardson, Human Resources & Services Department Acting Director Schaer, Administrative Assistant Taylor and City Attorney Smith. PRAYER AND PLEDGE: The opening prayer was given by Reverend Thomas Johnson, Trinity Lutheran Church, followed by Pledge of Allegiance to the Flag. PRESENTATIONS: Clean Community System Coordinator Robert Fabian presented certificates of appreciation to Harry Olinski and Ricardo Loja, Public Works employees, for their volunteer time and effort in the restoration of Apache Park on August 6, 1983. MINUTES: Alderman Robert Martin, Chairman of the Des Plaines Officials' Golf Outing, together with City Comptroller Blietz, presented Mr. O.D. Swanson and. Police Chief Alfano with a check in the amount of $2,000 to the Des Plaines Police Boys Club, the proceeds of the City Officials' Golf Outing in August. Moved by Kehe, seconded by Volberding, to approve Minutes of the regular meeting of the City Council held September 6, 1983, as Published. Motion declared carried. BILLS PAYABLE: Moved by Ward, seconded by Muehlenbeck, 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 PAMBLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $288,597.38. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAS: 0 -None ABSENT: 0 -None Motion declared carried. REFUND OF Moved by Ward, seconded by Muehlenbeck, to adopt the OCCUPANCY recommendation of the Finance Committee that Occupancy BOND: Bond in the amount of $575 be refunded to Jack Coad for property located at 20 Inner Circle Drive. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. REVIEW OF EDC EXPENDITURES: ZONING CASE 83-30-R 309A -591B FOURTH AVE. L. 790 WAIKIKI: ZONING CASE 83-27-V 1958 ILLINOIS: ADDITIONAL REPAIRS, 8" WATER MAIN EXTENSION, RAND & RIVER: LEE STREET IMPROVEMENT CHANGE ORDERS: TWO-WAY STOP SIGN, PROSPECT AND ORCHARD: 44. -9/19/83 PAGE TWO . Moved by Ward, seconded by Muehlenbeck, to adopt the recommendation of the Finance Committee that Laurie Marston, Community Development Coordinator, be authorized to review all expenditures of the Economic Development Commission under $1,000, and the Municipal Development Committee be authorized to review all expenditures of the Economic Development Commission over $1,000. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Kisslinger, seconded by Zanca, to adopt the recommendation of the Municipal Development Committee to concur with the Des Plaines Zoning Board of Appeals re Zoning Case 83-30-R that properties at 309A -591B Fourth. Avenue and 790 Waikiki Drive be rezoned from R-4 Multiple Family Residence to R-3 Two Family Residence, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Kisslinger requested that City Attorney Smith and Corporate Attorney Lucansky review Zoning Case 83-27-V, 1958 Illinois, re legal ramification of this requested variation, and report back to committee within two weeks. Moved by Martin, seconded by Chiropolos, to adopt the recommendation of the Engineering Committee to approve additional repair work on 8" water main extension for Rand and River Roads in the amount of $2,644.31 to Milburn Brothers, 704 W. Central Road, Mt. Prospect, 60056. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca • NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Chiropolos, seconded by Martin, to adopt the recommendation of the Engineering Committee to approve Change Order #1 and #2 to Lee Street Improvement Program in the total amount of $100,379.28, MFT Section No. 82-00132-00 FP, for necessary changes in the field. Upon Upon roll call, the vote was: AYES: 12-Volberding, Kehe, Martin, Wetter, Kisslinger, Adams, Hardiman, Gebert, Chiropolos, Addante, Ward, Zanca NAYS: 4-Muehlenbeck, Kolinski, Schneck, Dini ABSENT: 0 -None Motion declared carried. Moved by Chiropolos, seconded by Martin, to adopt the recommendation of the Engineering Committee that a two-way stop sign be placed on Prospect Avenue at CYcharcEtreet, and authorize City Attorney to draft necessary ordinance. Motion declared carried. EXECUTIVE SESSION: ORDINANCE M-47-83 SEWER USER RATE: ORDINANCE M-48-83 TAXI LICENSES AMERICAN TAXI COMPANY: ORDINANCE M-49-83 HOLD HARMLESS AGREEMENT: ORDINANCE M-50-83 LIQ. LICENSES 850 OAKTON: ORDINANCE M-51-83 45. 9/19/83 PAGE THREE Moved by Dini, seconded by Chiropolos, to go into Executive Session to discuss status of negotiations. Motion declared carried. Meeting recessed at 8:47 P.M. Council reconvened at 9:56 P.M. Moved by Martin, seconded by Volberding, to hold on Second Reading Ordinance M-47-83, AN ORDINANCE AMENDING CHAPTER 20 OF TITLE IX OF THE DES PLAINES CITY CODE, BY ADDING THERETO ADDITIONAL WORDAGE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND RAINS, PRIVATE WASTE- WATER DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATER AND WASTES INTO THE PUBLIC SEWER SYSTEM AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. Moved by Kehe, seconded by Muehlenbeck, to adopt Ordinance M-48-83, AN ORDINANCE AUTHORIZING THE ISSUE OF EIGHT (8) TAXI LICENSES TO AMERICAN TAXI, THEREBY AMENDING SECTION 5-5-25-24 OF THE DES PLAINES CITY CODE AND INCREASING THE TOTAL NUMBER OF PUBLIC CONVEYANCE VEHICLE LICENSES TO 29. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Muehlenbeck, seconded by Volberding, to adopt Ordinance M-49-83, AN ORDINANCE IMPLEMENTING AN INDEMNIFICATION AGREEMENT WITH THE COUNTY OF COOK IN LIEU OF INSURANCE AND SURETY BOND REQUIREMENTS. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Kehe, seconded by Kisslinger, to adopt Ordinance M-50-83, AN ORDINANCE INCREASING CLASS A-1 TAVERN LIQUOR DEALER'S LICENSES AND CLASS J SPECIAL" FOUR A.M. LIQUOR LICENSES BY ONE (1) EACH, THEREBY AMENDING SECTION 5-34-16 OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolose Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Martin, seconded by Chiropolos, to adopt Ordinance M-51-83, AN ORDINANCE AMENDING SECTIONS 3-4-9 (I) AND 3-4-9 (L) OF THE DES PLAINES CITY CODE, HAVING TO DO WITH THE PLACEMENT AND PRICE OF VALVES. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ORDINANCE T-6-83 ONE SIDE OF STREET PARKING: ORDINANCE T-7-83 30 MINUTE PARKING: ORDINANCE Z-16-83 259 CENTRAL: ORDINANCE M-53-83 "QUESTIONING OF DEPARTMENT HEADS" ORDINANCE M-54-83 ABATEMENT OF 1983 TAX LEVY, GEN.OBLIGATION CORP. PURPOSE BONDS: ORDINANCE M-55-83 ABATEMENT OF 1983 TAX LEVY, CORP. PURPOSE REFUNDING BOND: ORDINANCE M-56-83 BRANCH/BRUSH PICK-UP FEES: 9/19/83 PAGE FOUR 46. Moved by Chiropolos, seconded by Kehe, to adopt Ordinance T-6-83, AN ORDINANCE DELETING AND REPLACING SECTION 10-5-17 OF TITLE X, CHAPTER 5, OF THE DES PLAINES CITY CODE, PERTAINING TO PARKING RESTRICTIONS. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Martin, seconded by Kehe, to adopt Ordinance T-7-83, AN ORDINANCE AMENDING SECTION 10-5-5 OF THE DES PLAINES CITY CODE, ADDING THERETO A NEW SUBSECTION 10-5-5 (J) HAVING TO DO WITH 30 MINUTE PARKING. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Kisslinger, seconded by Chiropolos, to adopt Ordinance Z-16-83, AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW A NURSERY SCHOOL IN R-2 SINGLE FAMILY RESIDENCE DISTRICT. CASE NO. 83 -17 -SU (259 Central Road - Poko Loko Nursery). Upon roll call, the vote* was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Placed on First Reading was Ordinance M-53-83, AN ORDINANCE FURTHER AMENDING SECTION 1-6-9 OF THE CITY CODE TO REVISE THE ORDER OF BUSINESS AT CITY COUNCIL MEETINGS (removing "Questioning of Department Heads" from Agenda). Placed on First Reading was Ordinance M-54-83, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, PROVIDING FOR THE ABATEMENT OF THE 1983 TAX LEVY PREVIOUSLY MADE BY THE CITY OF DES PLAINES, FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1975. Placed on First Reading was Ordinance M-55-83, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, PROVIDING FOR THE ABATEMENT OF THE 1983 TAX LEVY PREVIOUSLY MADE BY THE CITY OF DES PLAINES, FOR THE CORPORATE PURPOSE REFUNDING BOND. Placed on First Reading was Ordinance M-56-83, AN ORDINANCE AMENDING CHAPTER 4, TITLE VIII OF THE CITY CODE BY ADDING THERETO A NEW SECTION 8-4-12 HAVING TO DO WITH BRANCH/BRUSH PICK-UPS AND RELATED FEES. ORDINANCE B-2-83 RESTRICTIONS PERTAINING TO ANTENNA TOWERS: ORDINANCE Z-19-83 TEXT AMENDMENT, ANTENNA TOWERS IN ZONING DISTRICTS: ORDINANCE Z-20-83 10 W. GOLF: RESOLUTION R-19-83 WAIVER OF ENCROACHMENT: RESOLUTION R-20-83 TRANSFER OF FUNDS FROM PARKING METER FUND TO DEBT SERVICE FUND: 9/19/83 PAGE FIVE 47. Placed on First Reading was Ordinance B-2-83, AN ORDINANCE AMENDING SECTION 17.13 OF ARTICLE XVII OF THE DES PLAINES BUILDING CODE AND ORDINANCE, HAVING TO DO WITH UNCLASSIFIED STRUCTURES, AND ADDING THERETO ADDITIONAL RESTRICTIONS PERTAINING TO ANTENNA TOWERS. Placed on First Reading was Ordinance Z-19-83, AN ORDINANCE AMENDING ARTICLE 10 OF THE DES PLAINES ZONING ORDINANCE BY ADDING THERETO A NEW SECTION 10.9 PERTAINING TO ANTENNA TOWERS IN ALL DISTRICTS. Moved by Kisslinger, seconded by Schneck, to waive First Reading and place on passage Ordinance Z-20-83. Motion declared carried. Moved by Kisslinger, seconded by Schneck, to adopt Ordinance Z-20-83, AN ORDINANCE GRANTING A SPECIAL USE TO PERMIT THE REPLACEMENT OF EXISTING PUMP ISLANDS AND FUEL DISPENSING EQUIPMENT AND TO CONSTRUCT AND INSTALL TWO CANOPIES OVER THE PUMP ISLANDS IN THE "C-2 COMMERCIAL DISTRICT." CASE NO. 83 -29 -SU (10 W. Golf Rd.) Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Withdrawn. Moved by Kisslinger, seconded by Dini, to adopt Resolution R-20-83, 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: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. RESOLUTION Moved by Kisslinger, seconded by Wetter, to adopt R-21-83 Resolution R-21-83, A RESOLUTION OF THE CITY COUNCIL OF APPRECIATION THE CITY OF DES PLAINES, ILLINOIS re the Association of TO REG. NURSES: Registered Nurses of Des Plaines' 25th Anniversary. Motion declared carried. REDUCTION OF VEH. STICKER FEE/NEW CARS: ZONING CASE 83 -32 -SU 1505 ELMHURST: At the request of Alderman Kisslinger, Mayor Seitz referred the matter of reduction of vehicle sticker fee for new cars to License & Judicial Committee Letters from Des Plaines Plan Commission and Zoning Board of Appeals re Case 83 -32 -SU, 1505 Elmhurst Road was referred to Municipal Development Committee. 1 48. 9/19/83 PAGE SIX ADVERTISING City Clerk's office will be advertising for bidsfor FOR BIDS: 1983 Sidewalk 50/50 Reconstruction Program, returnable 3 P.M., Tuesday, October 4, 1983. APPOINTMENT: Moved by Wetter, seconded by Muehlenbeck, to concur with Mayor Seitz's appointment of Richard C. Ornberg to the Cable TV Commission to replace Jean Provenzano, who resigned, term to expire April 30, 1985. Motion declared carried. INFORMATION Mayor Seitz referred the matter of placing information SIGNS: sign(s) on thoroughfare(s) in the City, i.e. "Home of Oakton Community College" to the Engineering Committee. CABLENET: Moved by Muehlenbeck, seconded by Dini, to authorize City Attorney to take necessary action to begin assessing Cablenet, Inc., City's Franchisee, $200 per day fine beginning August 1, 1983 until terms of con- tract are fulfilled (meaning 100% completion) for failure to meet the activation deadline date of August 1, 1983. Upon roll call, the vote was: AYES: 10-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Adams, Hardiman, Gebert, Dini, Addante NAYS: 6 -Wetter, Schneck, Kisslinger, Chiropolos, Ward, Zanca ABSENT: 0 -None Motion declared carried. ADJOURNMENT: Moved by Chiropolos, seconded by Kehe, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:45 P.M. APPROVED BY ME THIS DAY OF Donna McAllister, CITY CLERK