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11/07/198361 • 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, NOVEMBER 7, 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 8:57 P.M., in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center. ROLL CALL: Roll Call indicated the f lowing aldermen present: Muehlenbeck, Volberding, Martin, Wetter, Adams, Hardiman, Dini, Chiropolos, Addante, Ward, Zanca. Aldermen Kolinski, Schneck and Gebert were absent. Alderman Kolinski, Schneck and Gebert arrived at 8:59P.M 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, Acting City Engineer Kaszuba, Administrative Assistant Taylor and City Attorney Smith. PRAYER AND PLEDGE: MINUTES: The opening prayer was given by Associate Pastor David P. Laaser, First Congregational Church, followed by the Pledge of Allegiance to the Flag. Moved by Volberding, seconded by Dini, to approve Minutes of the regular meeting of the City Council held October 17, 1983, as published. Correction: Page Four, Paragraph Three, Line Two, should read " M-53-83." Following correction, motion to approve 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: $574,164.74. Upon roll call, the v to was: /tum AYES: 15-Muehlenbeck, Kolinski, Volberding,/ Martin, Wetter, Schneck, Adams, Hardiman, Gebert, Dini, Chiropolos, Ward, Zanca NAYS: 0 -None ABSENT: 1-Addante Motion declared carried. 1983 AUDIT: Moved by Ward, seconded by Muehlenbeck, to adopt the recommendation of the Finance Committee to accept the proposal from Coopers & Lybrand, 222 S. Riverside Plaze, Chicago, Illinois, to do the 1983 Audit:for the City --and Fire and Police Pension Funds in the amount of $25,400. 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. GARBAGE Moved by Addante, seconded by Chiropolos, to adopt the CONTRACT: recommendation of the Public Works Committee that proposed refuse collection and disposal specifications be approved and City Clerk be authorized to advertise for bids before present contract terminates on February 28, 1984. Motion declared carried. WATER METERS: CATHODIC PROTECTION WATER TOWERS: LEE STREET IMPROVEMENT SUPPLEMENTAL RESOLUTION Final Payment: NO PARKING ON SECOND AVE. (Thacker to North): INFORMATIONAL SIGNS: PARKING RESTRICTIONS PROSPECT AVE.: 11/7/83 PAGE TWO 62. Moved by Martin, seconded by Chiropolos, to adopt the recommendation of the Engineering Committee to purchase sixty-eight (68) 5/8", forty-five (45) 3/4", ten .(.10) 1", and five (.5) 2" Rockwell water meters with connections from Water Products Company, P.O. Box 50, Aurora, 60507, in the amount of $8,565.55 and'usual bid procedures be waived. 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 Chiropolos, to adopt the recommendation of the Engineering Committee to accept proposal for Cathodic Protection Service from Wallace & Tiernan Division, Penwalt Corporation, 25 Main Street, Belleville, New Jersey, 07109, for City's four water towers in the amount of $3,725; waiving usual bid procedures. 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 Supplemental Resolution, MFT Section No. 82-00132-00 FP, in the amount of $15,708.11, which includes final Change Order -#3 in -amount -of $5,252.86. Upon roll call, the vote was: AYES: 12-Muehlenbeck, Volberding, Kehe, Martin, Wetter, Kisslinger, Adams, Hardiman, Chiropolos, Addante, Ward, Zanca NAYS: 4-Kolinski, Schneck, Gebert, Dini ABSENT: 0 -None Motion declared carried. Moved by Chiropolos, seconded by Martin, to adopt the recommendation of the Engineering Committee that there be no parking on the west side of Second Avenue between Thacker Street and North Avenue, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Chiropolos, seconded by Martin, to adopt the recommendation of the Engineering Committee to deny request that informational sites signs be placed on thoroughfares throughout City. Motion declared carried. Moved by Chiropolos, seconded by Martin, to adopt the recommendation of the Engineering Committee that there be no parking along the south side of Prospect Avenue from east property line of 1365 Prospect Avenue east to Mannheim Road, and there be two-hour parking on the south side of Prospect Avenue from east property line of 1365 Prospect Avenue west to Pine Street; and City Attorney to draft necessary ordinance. Motion declared carried. LEAF PICKUP PROGRAM SUPPLEMENTAL RESOLUTION: VACATION OF EASEMENT, 200 E. HOWARD: AERIAL TOPOGRAPHIC SURVEYS: PARKING ENFORCEMENT AGREEMENTS: HOUSING INSPECTION ORDINANCE: FENCE VARIATION 1663 WEBSTER LANE: FENCE VARIATION 1939 BERRY LANE: FENCE VARIATION 1846 MINER ST.: TIME EXTENSION, METPATH: 63. 11/7/83 PAGE THREE Moved by Chiropolos, seconded by Martin, to adopt the recommendation of the Engineering Committee to approve Supplemental Resolution, MFT Section No. 83-00000-00 GM, in the amount of $64,176.30 for maintenance costs for City -owned equipment used for Leaf Pickup Program. 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 vacation of easement at 200 E. Howard Street and Mayor and City Clerk be authorized to sign plat of vacation. Motion declared carried. Moved by Martin, seconded by Chiropolos, to adopt the recommendation of the Engineering Committee that consideration be given to have City-wide aerial topographic surveys (estimated cost of $60,000) included in 1984 Budget. Motion declared carried. Moved by Dini, seconded by Volberding, to adopt the recommendation of the Public Safety Committee that the Mayor and City Clerk be authorized to sign Parking Enforcement Agreement at 725 W. Dempster Street (Thacker). Motion declared carried. Moved by Dini, seconded by Zanca, to adopt the recommendation of the Public Safety Committee that the Mayor and City Clerk be authorized to sign Parking Enforcement Agreement at 575 Lee Street. Motion declared carried. Moved by Hardiman, seconded by Addante, to adopt the recommendation of the Building Code Committee that proposed Housing Inspection Ordinance repealing Chapter 9, Title VIII, "Dwelling Maintenance and Occupancy" and establishing a new Chapter 9, Title VIII, "Housing Maintenance and Occupancy" beplacedon First Reading this evening at appropriate time. Motion declared carried. Moved by Hardiman, seconded by Addante, to adopt the recommendation of the Building Code Committee to grant variation to allow existing fence to remain as is at 1663 Webster Lane. Motion declared carried. Moved by Hardiman, seconded by Addante, to adopt the recommendation of the Building Code Committee to grant variation to allow existing fence to remain as it at 1939 Berry land. Motion declared carried. Moved by Hardiman, seconded by Addante, to adopt the recommendation of the Building Code Committee to grant variation not requiring a fence along east edge of property located at 1846-50 E. Miner Street. Motion declared carried. Moved by Hardiman, seconded by Addante, to adopt the recommendation of the Building Code Committee that Metpath, Touhy and Lee Street, be given time extension until June 1, 1984 to replace blacktop (asphalt)over underground gas tanks with 6" concrete as required by City Code. Motion declared carried. Alderman Martin abstained (conflict of interest). WATER SERVICE CONNECTION, 2811 MANNHEIM ROAD: ZONING CASE 83 -34 -SU 10 W. OAKTON: ZONING CASE 83-36-V 1548 CAMPBELL: ZONING CASE 83-38-V 1895 HOWARD: ZONING CASE 79-9-A TEXT AMENDMENT RE CORNER LOTS: 11/7/83 PAGE FOUR 64. Moved by Hardiman, seconded by Kolinski, to adopt the recommendation of the Building Code Committee to deny request for water service connection to temporary trailer at 2811 Mannheim Road, Johnny's Mobile Homes, Inc., until permanent structure is erected and all electrical and building code requirements are met. Moved by Volberding, seconded by Martin, to adopt a substitute motion to grant request for water service connection to temporary trailer at 2811 Mannheim Road, Johnny's Mobile Homes, Inc., for a period not to exceed June 30, 1984 while permanent structure is being erected including electrical and building code requirements. Upon roll call, the vote was: AYES: 4-Volberding, Kehe, Martin, Ward NAYS: 12-Muehlenbeck, Kolinski, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca ABSENT: 0 -None Motion declared lost. Upon roll call on the original 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 Zanca, seconded by Kisslinger, to adopt the recommendation of the Municipal Development Committee to concur with Des Plaines Plan Commission and Zoning Board of Appeals re Case 83 -34 -SU to grant Special Use to operate a gasoline station in C-2 Commercial District at property located at 10 W. Oakton Street, U -Haul Company of Chicago Metroplex, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Kisslinger, seconded by Adams, to adopt the recommendation of the Municipal Development Committee to concur with Des Plaines Zoning Board of Appeals re Case 83-36-V to grant variation to allow construction of a new garage exceeding the 30% maximum requirment by 559 square feet, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Adams, seconded by Kisslinger, to adopt the recommendation of the Municipal Development Committee to concur with Des Plaines Zoning Board of Appeals re Case 83-38-V to grant variation to allow construction of new bi-level residence with attached garage exceeding 30% maximum requirment to 2,148 square feet, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Kisslinger, seconded by Zanca, to adopt the recommendation of the Municipal Development Committee to concur with Des Plaines Zoning Board of Appeals re Case 79-9-A approving text amendments requiring corner lots in R-1, R-2, R-3 and R-4 Residential District be a minimum of 8,250 square feet, 20% greater than interior lots, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. 65. 11/7/83 PAGE FIVE ZONING CASE Moved by Kisslinger, seconded by Adams, to adopt the 83 -32 -SU recommendation of the Municipal Development Committee 1505 ELMHURST: to concur with the Des Plaines Plan Commission and Zoning Board of Appeals re Case 83 -32 -SU to grant Special Use to allow Class "B" restaurant at 1505 Elmhurst Road, d/b/a Naugels, under the following conditions: 1. Install privacy fence 10' west of eastern property line and 10' south of northern property line to end in line with existing Brown's Chicken fence. 2. Preserve existing trees and shrubbery and supplement with additional evergreens to provide a visual screen in the 10' eastern area and 10' northern area betwen existing garage driveway and eastern property line. 3. Prohibit parking whenever inside seating is not available. 4. Prohibit any driveway opening onto Lincoln Lane. 5. Minimize light spillover into residential area. City Attorney to draft necessary ordinance. Motion declared carried. OVERHEAD Moved by Kolinski, seconded by Kisslinger, to adopt the PEDESTRIAN recommendation of the Municipal Development Committee WALKWAY that request to expend $5,000 or more of the $25,000 FEASIBILITY MFT line item for the CNW ongrade crossing to have A. M. Kinney & Associates, Inc., Evanston, IL, conduct under separate contract an Overhead Pedestrian Walkway Feasibility Study be denied, and that within the next three (3) weeks a public hearing be held to discuss the overall train station design concept. Moved by Kisslinger, seconded by Zanca, to divide the question. Motion declared carried. Aldermen Kolinski, Adams and Dini voted no. Moved by Kolinski, seconded by Kisslinger, to adopt the recommendation of the Municipal Development Committee that request to expend $5,000 or more of the $25,000 MFT line item for the CNW ongrade crossing to have A. M. Kinney & Associates, Inc., Evanston, IL conduct under separate contract an Overhead Pedestrian Walkway Feasibility Study be denied. Motion declared carried. Moved by Kolinski, seconded by Kisslinger, to adopt the recommendation of the Municipal Development Committee that a joint meeting of the Engineering Committee and the Municipal Development Committee be held to discuss the overall train station design concept Upon roll call, the vote was: gap On/CAW Cgoffin,C AYES: 11-Muehlenbeck, Kolinski, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 4-Volberding, Kehe, Martin, Wetter, Ward ABSENT: 0 -None Motion declared carried. Moved by Kolinski, seconded by Chiropolos, to adopt the recommendation of the Municipal Development Committee not to indicate to A. M. Kinney & Associates, Inc. that the answers to their questions as provided in Municipal Development Department Director Richardson's letter of November 4, 1983 represented the position of the City Council until further public hearings are held on this matter. Motion declared carried. LIQUOR LICENSE 638 WEST ALGONQUIN ROAD: BUSINESS REGISTRATION FORM: WAYCINDEN PARK ANNEXATION, APPEALING COURT RULING: UPDATING CITY CODE: ORDINANCE M-53-83 "QUESTIONING OF DEPARTMENT HEADS": ORDINANCE M-59-83 PROCEDURE FOR REPORTING COMMITTEE REPORTS TO COUNCIL: ORDINANCE Z-22-83 GOLF & RIVER: 66. 11/7/83 PAGE SIX Moved by Kehe, seconded by Kisslinger, to adopt the recommendation of the License & Judicial Committee to grant Class H liquor license to East Palace View Chinese Restaurant (formerly Colonial Coffee Shop), 638 W. Algonquin Road, and City Attorney to draft necessary ordinances. Motion declared carried. Moved by Kehe, seconded by Wetter, to adopt the recommendation of the License & Judicial Committee that License & Inspection Department along with the City's Environmental Officer be authorized to revise business registration form with regard to hazardous waste materials and report back to committee. Motion declared carried. Moved by Kehe, seconded by Wetter, to adopt the recommendation of the License & Judicial Committee that the City appeal the court ruling pertaining to Elk Grove :Rural Fire Protection Disconnection v. City of Des Plaines (Waycinden Park). Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 1-Chiropolos Motion declared carried. Moved by Kehe, seconded by Kisslinger, to adopt the recommendation of the License & Judicial Committee that Title IX, Chapter 12, Section 9-12-5 to 9-12-8 be updated by the City's Engineering Department and City Attorney for review by City Council. 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 TO BUSINESS AT CITY COUNCIL MEETINGS. Upon roll call, the vote was: AYES: 4-Volberding, Kehe, Martin, Kisslinger NAYS: 12-Muehlenbeck, Kolinski, Wetter, Schneck, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca ABSENT: 0 -None Motion declared lost. Moved by Kisslinger, seconded by Zanca, to adopt Ordinance M-59-83, AN ORDINANCE AMENDING CHAPTER 6 OF TITLE I OF THE DES PLAINES CITY CODE, BY ADDING THERETO A NEW RULE XXXII TO SUBSECTION 1-6-9 OF SAID CODE. 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 Kolinski, seconded by Kisslinger, to adopt Ordinance Z-22-83, an ordinance granting a rezoning from R-2 SINGLE FAMILY RESIDENCE DISTRICT TO C-2 COMMERCIAL DISTRICT UPON ANNEXATION, FOR 100 N. EAST RIVER ROAD AND NORTHEAST CORNER OF EAST RIVER AND GOLF ROADS. (Case No. 83-39-R). Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos,iAdda.nte, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ORDINANCE A-2-83 ANNEXATION 10 N. EAST RIVER RD., 100 N. EAST RIVER RD. AND NORTHEAST CORNER OF RIVER & GOLF RDS.: ORDINANCE M-61-83 ESTABLISHMENT OF SESQUI- CENTENNIAL COMMISSION: ORDINANCE M-62-83 HOUSING MAINTENANCE & OCCUPANCY: RESOLUTION R-23-83 OPPOSING SUPERSONIC OVERFLIGHT: 11/7/83 PAGE SEVEN 67. Moved by K:Lsslinger, seconded by Schneck, to waive First Reading and place on passage Ordinance A-2-83. Motion declared carried. Moved by Kolinski, seconded by Kisslinger,.to adopt recommendation of the Committee of the Whole that City Attorney be authorized to clarify in conjunction with United Stationers' attorney minor wordage changes agreed to in principal by the City Council at the pre -annexation hearing held earlier -this evening. Motion declared carried. Moved by K:Lsslinger, seconded by Kolinski, to adopt Ordinance A-2-83, AN ORDINANCE ANNEXING CERTAIN LAND TO THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. (10 N. EAST RIVER ROAD, 100 N. EAST RIVER RD., AND NORTHEAST CORNER OF RIVER AND GOLF ROADS) Case No. 83-39-R. 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 Kolinski, seconded by Kisslinger, authorizing Board of Local Improvements to meet after proper notification. 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 Wetter, seconded by Martin, to waive First Reading and place on passage Ordinance M-61-83. Motion declared carried. Moved by Wetter, seconded by Martin, to adopt Ordinance M-61-83, AN ORDINANCE PROVIDING FOR THE OBSERVATION AND COMMEMORATION OF DES PLAINES SESQUICENTENNIAL AND FURTHER ESTABLISHING THE DES PLAINES SESQUICENTENNIAL COMMISSION. 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-62-83, AN ORDINANCE REPEALING CHAPTER 9 "DWELLING MAINTENANCE AND OCCUPANCY" OF TITLE VIII OF THE DES PLAINES CITY CODE, IN ITS ENTIRETY, AND ESTABLISHING A NEW CHPATER 9 ENTITLED "HOUSING MAINTENANCE AND OCCUPANCY" IN ITS STEAD. Moved by Wetter, seconded by Martin, to adopt Resolution R-23-83, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES TO OPPOSE EXEMPTION OF SUPERSONIC EXPRESS CORPORATION FROM FEDERAL AVIATION REGULATION §91.55 (14 CFR 91.55). Motion declared carried. 1 68. 11/7/83 PAGE EIGHT ZONING CASE Letter from Des Plaines Zoning Board of Appeals re 83-40-R Case 83-40-R, 2093 Rand Road (John Chialiva & S. Zebos) 2093 RAND RD.: was referred to the Municipal Development Committee. ADVERTISING City Clerk's office will be advertising for bids for FOR BIDS: Fire Pump & Standpipe System Modifications, returnable 3 P.M. on Friday, November 18, 1983. APPOINTMENTS: Moved by Addante, seconded by Chiropolos, to concur with Mayor Seitz's appointment of Dr. Gerald Meyer to the Plan Commission to fill vacancy created by resignation of Rodolpho Maglio, term to expire April 30, 1985. Motion declared carried. Moved by Dini, seconded by Wetter, to concur with Mayor Seitz's appointment of Alderman William Schneck as the Mayor's alternate representative to the Northwest Municipal Conference to replace former Alderman John Prellberg. Motion declared carried. ADJOURNMENT: Moved by Kolinski, seconded by Kehe, that the regular meeting of the City Council adjourn. Motion declared .carried. Meeting adjourned at 11:50 P.M. APPROVED BY ME THIS DAY OF 47tg-e-L- , 1983 ohn E. Seitz, £YOR Donna McAllister, CITY CLERK