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12/05/198378. 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, DECEMBER 5, 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 8:1C 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, Cebert, Dini, Chiropolos, Addante, Zanca. Alderman Ward was absent. C Also present were: City Treasurer Swanson, City Comptroller Blietz, Superintendent of Streets Kozlinka, Police 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: The opening prayer was given by Rabbi Jay Karzen, Maine Township Jewish Congregation, followed by the Pledge of Allegiance to the Flag. PRESENTATIONS: Co -Chairman of the Cook County Clean Streams Committee, Ralph Freese, and Cubmaster Brian Mulcrone of Pack 222 presented environmental patches from the Des Plaines Environmental Control Commission and Metropolitan Sanitary District to Cub•Scout Pack 222 (St.Mary's Catholic Church) and Boy Scout Troop 6 (Trinity Lutheran Church) for their efforts in the Des Plaines River clean-up during 1983. MINUTES: A 10 -minute slide presentation was given by Brian Oliver, science teacher at Maine West High School, on the Audubon Ecology Camp, Hunt Hill Sanctuary near Spooner Lake, Wisconsin. Mr. Oliver was the recipient of Environmental Scholarship sponsored by the Des Plaines Environmental Control Commission, and attended the 1983 summer session. Moved by Zanca, seconded by Kehe, to approve Minutes of the regular meeting of the City Council held November 21, 1983, as published. Correction: Page One, noted attendance of Junior City Officials at Council meeting. Following correction, motion to approve declared carried. Moved by Dini, seconded by Chiropolos, to approve Minutes of the Special meeting of the City Council held November 23, 1983, as published. Motion declared carried. BILLS PAYABLE: Moved by Muehlenbeck, seconded by Schneck, 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: $197,014.53. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 0 -None ABSENT: 1 -Ward Motion declared carried. 79. 12/5/83 PAGE TWO ALLOCATION OF Moved by Muehlenbeck, seconded by Schneck, to adopt the JOBS BILL FUNDS recommendation of the Finance *Committee that $14,861.00 FOR SIDEWALK from Jobs Bill funds be used to hire a City Sidewalk INSPECTOR: Inspector. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 0 -None ABSENT: 1 -Ward Motion declared carried. ZONING CASE Moved by Kisslinger, seconded by Zanca, to adopt the 83-40-R recommendation of the Municipal Development Committee 2093 RAND RD.: to concur with the Des Plaines Zoning Board of Appeals re Zoning Case 83-40-R that property located at 2093 Rand Road be rezoned from R-4 Multiple Family Residence to C-2 Commercial, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. LIQUOR LICENSE Moved by Kehe, seconded by Volberding, to adopt the 1051 S. recommendation of the License & Judicial Committee ELMHURST RD.: that Class A liquor license be granted to new owners of property at 1051 S. Elmhurst Road, Jimmy's Restaurant & Lounge,Inc. (formerly Centaur Restaurant). Motion declared carried. MOBILE OFFICE Moved by Volberding, seconded by Hardiman, to adopt 1439 LEE ST. the recommendation of the Building Code Committee to OLYMPIA DODGE: grant one year extension to Olympia Dodge, Inc. for permission to use office trailer at 1439 Lee Street, extension to expire on December 31, 1984. Motion declared carried. BACKFLOW Moved by Hardiman, seconded by Martin, that a 30 -day PREVENTERS: extension be granted to the 90 -day moritorium granted on September 6, 1983 for the additional study of the backflow preventer ordinance. Motion declared carried. REPAIR OF END LOADER: Moved by Chiropolos, seconded by Martin, to adopt the recommendation of the Engineering Committee that purchase order in the amount of $3,335.98 be ratified for Howell Tractor & Equipment Co., 1901 E. Pratt Blvd., Elk Grove Village, 60007, for cost of parts and labor to repair end loader. Upon roll call, the vote was: . AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 0 -None ABSENT: 1 -Ward Motion declared carried. PARKING Moved by Chiropolos, seconded by Martin, to adopt the RESTRICTIONS recommendation of the Engineering Committee that ON BIRCH ST.: request to change no parking ban from west -side of Birch Street to the east side of Birch Street from Riverview to Everett Avenues be denied. Motion declared carried. REIMBURSEMENT TO ILLINOIS TOLL HIGHWAY AUTHORITY: FIRE PUMP SYSTEM MODIFICATIONS: ORDINANCE M-63-83 SUBDIVISION REGULATIONS: ORDINANCE M-65-83 IDRB, ISSUE AGREEMENT 2140 WOLF: ORDINANCE T-9-83 RESTRICTED PARKING ON PROSPECT'AVE.: 12/5/83 PAGE THREE 80. Moved by Addante, seconded by Schneck, to adopt the recommendation of the Public.Works. Committee to reimburse the Illinois Toll Highway Authority in the amount of $5,676.90 for costs incurred re protection of City utilities. Upon roll call, the vote was: AYES: 9-Volberding, Kehe, Martin, Wetter, Schneck, Hardiman, Chiropolos, Addante, Zanca NAYS: 6-Muehlenbeck, Kolinski, Kisslinger, Adams, Gebert, Dini ABSENT: 1 -Ward Motion declared carried. Moved by Schneck, seconded by Addante, to adopt the recommendation of the Public Works Committee to award bid for Fire Pump and Standpipe System modifications to low bidder Automatic Sprinkler Corp. of America, 2480 Estes Avenue, Elk Grove Village, 60007, in the amount of $3,957.00. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 0 -None ABSENT: 1 -Ward Motion declared carried. Moved by Kisslinger, seconded by Volberding, to adopt Ordinance M-63-83, AN ORDINANCE AMENDING AND UPDATING SECTIONS 9-12-5(A) AND 9-12-8(B) OF CHAPTER 12, TITLE IX OF THE DES PLAINES CITY CODE, FURTHER DELETING THEREFROM SECTIONS 9-12-7(A) 2. AND 9-12-7(B) 2. IN THEIR ENTIRETY AND ADDING THERETO A NEW SECTION 9-12-7(C), ALL PERTAINING TO SUBDIVISION REGULATIONS. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 0 -None ABSENT: 1 -Ward Motion declared carried. Moved by Volberding, seconded by Kisslinger, to adopt Ordinance M-65-83, AN ORDINANCE PROVIDING FOR THE FINANCING BY THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, OF AN INDUSTRIAL DEVELOPMENT PROJECT, AUTHORIZING THE ISSUANCE OF A $2,350,000 INDUSTRIAL DEVELOPMENT REVENUE BOND (CHICAGO AERIAL SURVEY, INC. PROJECT), SERIES OF 1983 AND CONFIRMING THE SALE THEREOF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, A MORTGAGE AND SECURITY AGREEMENT, AN ASSIGNMENT, A DEPOSITARY AGREEMENT, A BOND PURCHASE AGREEMENT AND RELATED DOCUMENTS. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 0 -None ABSENT: 1 -Ward Motion declared carried. Moved by Martin, seconded by Chiropolos, to adopt Ordinance T-9-83, AN ORDINANCE AMENDING SCHEDULE I OF SECTION 10-5-4 OF THE DES PLAINES CITY CODE, ADDING THERETO THE SOUTH SIDE OF PROSPECT AVENUE FROM THE EAST PROPERTY LINE OF 1365 PROSPECT AVENUE EAST TO MANNHEIM ROAD; AND FURTHER AMENDING SECTION 10-5-5, SCHEDULE II (B) OF THE CITY CODE, ADDING THERETO THE SOUTH SIDE OF PROSPECT AVENUE FROM THE EAST PROPERTY LINE OF 1365 PROSPECT AVENUE WEST TO PINE STREET. Upon roll call, ORDINANCE T-9-83 (Cont'd.) ORDINANCE T-10-83 RESTRICTED PARKING ON SECOND AVE.: ORDINANCE Z-24-83 TEXT AMENDMENTS RE CORNER LOTS: ORDINANCE Z-25-83 VARIATION 1895 HOWARD: FINING OF CABLENET: ORDINANCE M-64-83 HFRB, BOND PURCHASE AGREEMENT, HOLY FAMILY HOSPITAL: 81. 12/5/83 PAGE FOUR the vote was: AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 0 -None ABSENT: 1 -Ward Motion declared carried. Moved by Martin, seconded Wetter, to adopt Ordinance T-10-83, AN ORDINANCE AMENDING SCHEDULE IIIOF SECTION 10-5-17 (E) OF THE DES PLAINES CITY CODE, BY DELETING THEREFROM NO PARKING EAST SIDE OF SECOND AVENUE, FROM ALGONQUIN ROAD TO NORTH AVENUE,"AND ADDING THERETO NO PARKING EAST SIDE OF SECOND PAVENUE FROM ALGONQUIN ROAD TO THACKER STREET AND NO PARKING WEST SIDE OF SECOND AVENUE FROM THACKER STREET TO NORTH AVENUE. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 0 -None ABSENT: 1 -Ward Motion declared carried. Moved by Kisslinger, seconded by Zanca, to adopt Ordinance Z-24-83, AN ORDINANCE AMENDING SECTIONS 3.1.44, 3.2.4.4, 3.3.4.3 AND 3.4.4.4.2 OF THE DES PLAINES ZONING ORDINANCE BY ADDING THERETO PROVISIONS CONCERNING THE REQUIRED AREA FOR CORNER LOTS IN THE R-1, R-2, R-3 AND R-4 ZONING DISTRICTS (79-9-A). Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 0 -None ABSENT: 1 -Ward Motion declared carried. Held on Second Reading was Ordinance Z-25-83, AN ORDINANCE GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS. CASE NO. 83-38-V (1895 Howard Avenue). Moved by Gebert, seconded by Dini, to use part of or all of Cablenet's $10,000 bond to pay daily fine due from September 1, 1983 as assessed by Council at their meeting on October 3, 1983, and authorize City Attorney to take whatever action necessary to insure Cablenet's prompt payment of fine until terms of contract are fulfilled. Upon roll call, the vote was: AYES: 9-Muehlenbeck, Kolinski, Kisslinger, Adams, Hardiman, Gebert, Dini, Addante NAYS: 6-Volberding, Kehe, Martin, Schneck, Chiroplos, Zanca ABSENT: 1 -Ward Motion declared carried. Moved by Muehlenbeck, seconded by Schneck, to waive First Reading and place on passage Ordinance M-64-83. Motion declared carried. Moved by Muehlenbeck, seconded by Schneck, to adopt Ordinance M-64-83, AN ORDINANCE RATIFYING AND APPROVING THE EXECUTION OF A BOND PURCHASE AGREEMENT AMONG THE CITY OF DES PLAINES HOSPITAL AND JOHN NUVEEN & CO. INCORPORATED, DATED AS OF NOVEMBER 30, 1983, WITH RESPECT TO THE $19,450,000 HOSPITAL FACILITY REVENUE 12/5/83 PAGE FIVE 82. ORDINANCE BONDS, SERIES 1983 (HOLY FAMILY HOSPITAL PROJECT), M-64-83 TO BE ISSUED BY THE CITY. Upon roll call, the vote was: (Cont'd.) AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 0 -None ABSENT: 1 -Ward Motion declared carried. ORDINANCE Moved by Muehlenbeck, seconded by Schneck, to waive M-66-83 First Reading and place on passage Ordinance M-66-83. IDRB, UNITED Motion declared carried. STATIONERS PROJECT: Moved by Muehlenbeck, seconded by Schneck, to adopt Ordinance M-66-83, AN ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE ISSUANCE AND SALE OF ITS NOT TO EXCEED $8,000,000 ECONOMIC DEVELOPMENT REVENUE BONDS (UNITED STATIONERS SUPPLY CO. PROJECT), SERIES 1983, AND AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, MORTGAGE AND LOAN AGREEMENT AND BOND PURCHASE AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 0 -None ABSENT: 1 -Ward Motion declared carried. ORDINANCE Placed on First Reading was Ordinance M-67-83, AN M-67-83 ORDINANCE AMENDING SECTION 5-5-31.3 OF THE DES PLAINES FALSE FIRE CITY CODE, PERTAINING TO CENTRAL STATION ALARMS, ADDING ALARMS THERETO ADDITIONAL WORDAGE REFERRING TO LICENSE FEES: (SERVICE ALSO ADDING A NEW SECTION 5-5-31.6 PERTAINING TO NON - CHARGE): BONA FIDE ALARMS (FALSE ALARMS). ORDINANCE Placed on First Reading was Ordinance M-68-83, AN M-68-83 ORDINANCE AMENDING THE SCHEDULE OF FEES, SECTION 5-1-3 FALSE FIRE OF TITLE V, CHAPTER 3 OF THE DES PLAINES CITY CODE, ALARM FEES: BY ADDING THERETO, UNDER THE CATEGORY OF "OTHER BUSINESSES" SUB -SECTION 5-5-31.3 AND INDICATING THE FEE FOR CENTRAL STATION ALARMS LICENSES. ORDINANCE Moved by Muehlenbeck, seconded by Schneck, to waive M-69-83 First Reading and place on passage Ordinance M-69-83. IDRB, PETER Motion declared carried. PEZZATI JR. PROJECT: Moved by Muehlenbeck, seconded by Schneck, to adopt Ordinance M-69-83, AN ORDINANCE PROVIDING FOR THE FINANCING BY THE CITY OF DES PLAINES, ILLINOIS, OF AN ECONOMIC DEVELOPMENT PROJECT CONSISTING OF BUILDINGS, IMPROVEMENTS, EQUIPMENT AND RELATED PROPERTY IN ORDER THAT PETER PEZZATI, JR. MAY BE PROVIDED WITH FACILITIES TO RELIVE CONDITIONS OF UNEMPLOYMENT WITHIN THE CITY THEREBY REDUCING THE EVILS ATTENDANT UPON UNEMPLOYMENT: AUTHORIZING THE ISSUANCE OF ITS $500,000 ECONOMIC DEVELOPMENT REVENUE BOND (PETER PEZZATI, JR. PROJECT) IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY OF DES PLAINES, ILLINOIS AND PETER PEZZATI, JR.; AUTHORIZING THE EXECUTION AND DELIVERY OF A INDENTURE OF TRUST SECURING SAID BOND; AND AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF SAID BOND TO THE PURCHASER THEREOF AND RELATED MATTERS. Upon roll call, the vote was: ORDINANCE M-69-83 (Cont'd.) RESOLUTION R-22-83 PLACEMENT OF STRAY ANIMALS: ZONING CASE 83-44-V 1580 OAKTON: ZONING CASE 83-45-V 314 OXFORD: STROMECKYJ RESUBDIVISION: APPOINTMENTS: TRANSIT CENTER SITE: TAXPAYER RELIEF ACT ADVISORY REFERENDUM: ADJOURNMENT: 12/5/83 PAGE SIX 83. AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 0 -None ABSENT: 1 -Ward Motion declared carried. Moved by Dini, seconded by Zanca, to adopt Resolution R-22-83, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HAVING TO DO WITH THE IMPOUNDING OF ANIMALS AND THE FEES FOR SAME. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 0 -None ABSENT: 1 -Ward Motion declared carried. Letter from Des Plaines Zoning Board of Appeals re Case 83-44-V for property located at 1580 Oakton Street (Accurate Auto Clinic) was referred to the Municipal Development Committee. Letter from Des Plaines Zoning Board of Appeals re Case 83-45-V for property located at 314 Oxford Road (Gary Hawkins) was referred to the Municipal Development Committee. Letter from Des Plaines Plan Commission re Stromeckyj Resubdivision, 331 and 335 Berkshire Lane was referred to the Municipal Development Committee. Moved by Martin, seconded by Kehe, to concur with Mayor Seitz's appointment of A. Daniel Mesenbrink and Marcia Matuk to the Clean Community Commission, terms to expire on May 3, 1984. Motion declared carried. Moved by Kisslinger, seconded by Wetter, to accept the revised drawing for the transit center site as prepared by Collins Engineering and contractor be advised to begin work as soon as possible. Motion declared carried. At the request of Alderman Volberding, the matter of a Taxpayer Relief Act Advisory Referendum was referred to the License & Judicial Committee. Moved by Volberding, seconded by Dini, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:40 P.M. APPROVED BY ME THIS a DAY OF , 1983 AGA Donna McAllister, CITY CLERK