10/03/198349.
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, OCTOBER 3,
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 8:10 P.M., 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, Deputy Fire
Chief Buckley, Municipal Development Department Director Richardson,
Human Resources & Services Department Acting Director Schaer, City
Civil Engineer Garry Alden, Administrative Assistant Taylor and City
Attorney Smith.
PRAYER AND
PLEDGE:
MINUTES:
The opening prayer was given by City Clerk McAllister
followed by Pledge of Allegiance to the Flag.
Moved by Kehe, seconded by Dini, to approve Minutes of
the regular meeting of the City Council held September
19, 1983, as published. Motion declared carried.
Moved by Martin, seconded by Chiropolos, to approve
Minutes of the Special Meeting of the City Council
held September 27, 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 PAYABLE AND THAT THE MAYOR AND CITY
CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR
SAME. Total: $581,438.13. 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.
IDRB Moved by Ward, seconded by Muehlenbeck, to adopt the
APPLICATION, recommendation of the Finance Committee to authorize
UNITED City administration and Ed Benjamin of Benjamin & Lang,
STATIONERS: City's financial consultants, to review the request
from United Stationers for Industrial Development
Revenue Bonds in the amount of $9,000,000 for property
located at Golf and East River Roads, and prepare the
necessary recommendation for Committee's review.
Motion declared carried.
SANITARY Moved by Martin, seconded by Chiropolos, to adopt. the
SEWER recommendation of the Engineering Committee that
SEPARATION, Engineering Department be authorized to develop plans
FOREST AVE.: and specifications for the construction of 300' of
sanitary sewer. on:Forest Ave. and advertise for bids as
soon as possible. Motion declared carried.
50.
10/3/83
PAGE TWO
CIRCUS Moved by Chiropolos, seconded by Martin, to adopt the
ANIMAL WALK, recommendation of the Engineering Committee to grant
RINGLING BROS.: request for parade permit to Ringling Brothers Circus
for their annual animal walk to and from Horizon
Stadium along railroad right-of-way near intersection
Howard and Wolf Streets, east on Touhy Avenue to Lee
Street and south on Lee Street to the Horizon on
Thursday, October 13, 1983 at 10:00 A.M., and back to
Circus train on Sunday, October 30, 1983 at approximately
8:00 P.M.; and Mayor and City Clerk be authorized to
sign necessary IDOT resolution. Motion declared
carried.
USE OF MFT
FUNDS FOR
PURCHASE OF
ROCK SALT:
Moved by Chiropolos, seconded by Martin, to adopt the
recommendation of the Engineering Committee to authorize
City Clerk to sign Supplemental Resolution for purchase
of 2500 tons of rock salt in the amount of $41,325 as
previously approved by City Council at their meeting
on September 6, 1983, from MFT funds, Section No.
83-00000-00 GM. 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.
ENGINE Moved by Chiropolos, seconded by Martin, to adopt the
REPAIR FOR recommendation of the Engineering Committee that
STREET Bruce Municipal Equipment, Inc., 1701 Lake Street,
SWEEPER: Glenview, 60025, repair engine for street sweeper in
the amount of $3,640.35. 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.
SUPPLEMENTAL Moved by Chiropolos, seconded by Martin, to adopt the
RESOLUTION, recommendation of the Engineering Committee that City
1982 STREET Clerk be authorized to sign Supplemental Resolution
MAINTENANCE for the maintenance engineering portion of the 1982
PROJECT: Street Maintenance Program in the amount of $2,584.00
MFT Section No. 82-0000-00 GM, which was inadvertently
omitted from previous Supplemental Resolution and will
balance out account. Motion declared carried.
SALE OF ARTS/ Moved by Kehe, seconded by Volberding, to adopt the
CRAFTS IN recommendation of the License & Judicial Committee to
PARK AREAS: grant request from Downtown Des Plaines Merchants
Association to hold art and craft displays and sales
in City -owned park areas; City's License Officer to
coordinate dates and areas; and City Attorney be
authorized to prepare agreement with Association to
protect City against any liability. Motion declared
carried.
CAB SERVICE
ORDINANCE:
Moved by Kehe, seconded by Kisslinger, to adopt the
recommendation of the License & Judicial Committee that
no change be made at this time in the cab service
ordinance. Motion declared carried.
VEHICLE Moved by Kehe, seconded by Adams, to adopt the
STICKER recommendation of the License & Judicial Committee that
ORDINANCE: no late charges be assessed for vehicle stickers for
additional vehicles added to household or businesses
after July 1st, and that there be one-half year fee
after January 1st, and City Attorney to draft necessary
ordinance. Motion declared carried.
PROCEDURE FOR
REPORTING
COMMITTEE'
REPORTS. TO
COUNCIL:
LAW SUIT:
PLACEMENT
OF STRAY
AN IMAL S :
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:
51.
10/3/83
PAGE THREE
Moved by Kehe, seconded by Wetter, to adopt the
recommendation of the License & Judicial Committee
that the chairman of a committee will present the
majority report if there is a tie vote on a .committee
report, and City Attorney to draft necessary ordinance.
Motion declared carried.
Moved by Kehe, seconded by Kisslinger, to adopt the
recommendation of the License & Judicial Committee
to settle law suit, Giovannoni v. City of Des Plaines,
and Des Plaines v. Joanne Scelsa, in a total amount of
$20,000, plus waiver of lien and subrogation. Upon
roll call, the vote was:
AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe,
Martin, Wetter, Schneck, Kisslinger,
Hardiman, Gebert, Dini, Chiropolos, Addante,
Ward, Zanca
NAYS: 0 -None
ABSENT: 0 -None
ABSTAIN:1-Adams (conflict of interest)
Motion declared carried.
Moved by Dini, seconded by Zanca, to adopt the
recommendation of the Public Safety Committee that Mayor
and City Clerk sign resolution authorizing the placement
of stray animals at the Northwest Animal Hospital,
9439 W. Higgins Road, Rosement, 60018, seven days a week,
24 hours a day, and that a $10.00 redemption fee be
assessed by the City. 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 Martin, to adopt 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. Upon roll call, the vote was:
AYES: 9-Volberding, Kehe, Martin, Wetter, Kisslinger,
Adams, Chiropolos, Ward, Zanca
NAYS: 7-Muehlenbeck, Kolinski, Schneck, Hardiman,
Gebert, Dini, Addante
ABSENT: 0 -None
Motion declared carried.
Moved by Kisslinger, seconded by Martin, to adopt
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. 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 Kisslinger, to adopt
Ordinance M-55-83, AN ORDINANCE OF THE CITY COUNCIL 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. Upon roll
call, • the vote was:
AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe,
Martin, Wetter, Schneck, Kisslinger, Adams,
Hardiman, Gebert, Dini, Chiropolos, Addante,
ORDINANCE
M-55-83
(Coned)
ORDINANCE
M-56-83
BRANCH/BRUSH
PICK-UP FEES:
ORDINANCE
B-2-83
RESTRICTIONS
PERTAINING
TO ANTENNA
TOWERS:
ORDINANCE
Z-19-83
TEXT
AMENDMENT,
ANTENNA TOWERS
IN ZONING
DISTRICTS:
ORDINANCE
M-57-83
REMOVAL OF
OBSTRUCTIONS:
ORDINANCE
M-58-83
IDRB, HOLY
FAMILY.
HOSPITAL:
52.
10/3/83
PAGE FOUR
Ward, Zanca
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Dini, seconded by Kisslinger, to adopt
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. 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 Volberding, to adopt
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.
Moved by Volberding, seconded by Martin, to amend
Section 17.13-8(1) to read "After final inspection
and compliance by owner...."_ Motion declared: carried.
Moved by Volberding, seconded by Wetter, to amend
Section 17.13-6(1.a.) to read "Exceed sixty feet (60')
above the grade level or exceed thirty-five feet (35')
above the height of the house on which it is installed,
but not to exceed a total height of sixty feet (60');."
Motion declared carried.
Upon vote on the amended motion, 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 Hardiman, to adopt
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 ANENNA TOWERS IN ALL
DISTRICTS. 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-57-83, AN
ORDINANCE AMENDING CHAPTER 1, TITLE NINE OF THE CITY
CODE BY CHANGING THERETO SECTION 9-1-11 HAVING TO DO
WITH REMOVAL OF OBSTRUCTIONS.
Placed on First Reading was Ordinance M-58-83, AN
ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$ HOSPITAL FACILITY REVENUE BONDS, SERIES .1983
(HOLY FAMILY HOSPITAL PROJECT) BY THE CITY OF DES
PLAINES, COOK COUNTY, ILLINOIS, AND APPROVING THE
EXECUTION AND DELIVERY OF A SECOND SUPPLEMENTAL TRUST
INDENTURE, DATED AS OF OCTOBER 1, 1983, A SECOND
cl‘\
ORDINANCE
M-58-83
IDRB, HOLY
FAMILY
HOSPITAL
(Cont'd.)
ORDINANCE
T-8-83
TWO-WAY STOP
SIGNS ON
PROSPECT AVE.
AT ORCHARD
STREET:
ORDINANCE
Z-21-83
309A -591B
FOURTH & 790
WAIKIKI:
RESOLUTION
R-19-83
WAIVER OF
ENCROACHMENT:
ZONING CASE
83 -34 -SU
10 W. OAKTON:
ADVERTISING
FOR BIDS:
CABLENET:
(Recon-
sideration)
53.
10/3/83
PAGE FIVE
SUPPLEMENTAL MORTGAGE AND SECURITY AGREEMENT, DATED AS
OF OCTOBER 1, 1983, AN OFFICIAL STATEMENT TO BE DATED
ON OR BEFORE , 1983, AND A BOND PURCHASE
AGREEMENT TO BE DATED ON OR BEFORE
1983, PERTAINING TO SAID ISSUE AND RELATED MATTERS.
Moved by Dini, seconded by Gebert, to waive First
Reading and place on passage Ordinance T-8-83.
Motion declared carried.
Moved by Dini, seconded by Gebert, to adopt Ordinance
T-8-83, AN ORDINANCE AMENDING SECTION 10-7-3 OF THE
DES PLAINES CITY CODE, THEREBY ADDING THE INTERSECTIONS
OF PROSPECT AVENUE AND ORCHARD STREET. 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 Z-21-83, AN
ORDINANCE GRANTING A REZONING FROM R-4 RESIDENTIAL
DISTRICT TO R-3 RESIDENTIAL DISTRICT, FOR 309A -591B
FOURTH AVENUE & 790 WAIKIKI DRIVE.
Moved by Volberding, seconded by Kolinski, to adopt
Resolution R-19-83, authorizing a waiver of encroachment
for title insurance purposes for property located at
611 N. Mt. Prospect Road (Serif Talovic). Motion
declared carried.
Letters from Des Plaines Plan Commission and Zoning
Board of Appeals re Case 83 -34 -SU, 10 W. Oakton Street
(U -Haul Co. of Chicago), was referred to the
Municipal Development Committee.
City Clerk's office will be advertising for bids for
first floor janitorial service for Police Department
returnable 3 P.M. on Thursday, October 20, 1983.
City Clerk's office will be advertising for bids for
painting of two walls in Miner Square, returnable
3 P.M. on Tuesday, October 25, 1983.
City Clerk's office will be advertising for bids for
plugging Well #2, returnable 3 P.M. on Friday,
October 28, 1983.
Moved by Kehe, seconded by Wetter, to reconsider action
taken at Council .meeting held Monday, September 19,
1983, re fining of City's Franchisee, Cablenet, Inc.
Upon roll call, the vote was:
AYES: 9-Kolinski, Kehe, Martin, Wetter, Schneck,
Kisslinger, Gebert, Chiropolos, Ward
NAYS: 7-Muehlenbeck, Volberding, Adams, Hardiman,
Dini, Addante, Zanca
ABSENT: 0 -None
Motion declared carried.
CABLENET:
(Cont'd.)
54.
10/3/83
PAGE SIX
Moved by Kehe, seconded by Wetter, to authorize City
Attorney to assess Cablenet, Inc., City's Franchisee,
$200 per day fine beginning August 1, 1983 to
September 1, 1983, and grant 60 -working days extension
as an activation deadline (extension to begin
September 19, 1983).
Moved by Kisslinger, seconded by Ward, to allow the
chairman of the City's Cable TV Commission, Charles
Hervas, to address the City Council. Upon roll call,
the vote was:
AYES: 6-Kehe, Martin, Wetter, Kisslinger, Ward, Zanca
NAYS: 10-Muehlenbeck, Kolinski, Volberding, Schneck,
Adams, Hardiman, Gebert, Dini, Chiropolos,
Addante
ABSENT: 0 -None
Motion declared lost.
Upon roll call on the motion, tiie vote was:
AYES: 6-Kehe, Martin, Wetter, Schneck, Kisslinger,
Ward
NAYS: 10-Muehlenbeck, Kolinski, Volberding, Adams,
Hardiman, Gebert, Dini, Chiropolos, Addante,
Zanca
ABSENT: 0 -None
Motion declared lost.
NO PARKING Mayor Seitz referred the matter of establishing a
ON SECOND AVE.: no -parking zone,on Second Avenue from Prairie Avenue
north to Walter Avenue:to the Engineering Committee.
SESQUI Mayor Seitz referred the matter of the City's
CENTENNIAL Sesquicentennial celebration to the Community Services
CELEBRATION: and Finance Committees.
ADJOURNMENT:
Moved by Kehe, seconded by Dini, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:25 P.M.
Donna McAllister, CITY CLERK
APPROVED BY ME THIS g0
DAY OF
1983