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12/19/198384. 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 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 8:10 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, Fire Chief Gedroic, Municipal Development Department Director Richardson, Human Resources & Services Department Acting Director Schaer, Acting City Engineer,Kaszuba, and City Attorney Smith. PRAYER AND PLEDGE: MINUTES: The opening prayer was given by Pastor James Jackson, Christ Church, followed by Pledge of Allegiance to the Flag. Moved by Chiropolos', seconded by Kehe, to approve Minutes of the regular meeting of the City Council held December 5, 1983, as published. Correction: Page One, under those present should read "Police Chief Alfano." Following correction notion to approve declared carried. BILLS PAYABLE: Moved.by Ward, seconded by Muehlenbeck, to adopt the POSITION RE- EVALUATIONS: 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: $1,262,648.99. Moved by Schneck, seconded by Dini, to delete Warrant 00681 to R. W. Dunteman Company in the amount of $68,739.94 and hold for two weeks (until the next Council meeting). Upon roll call, the vote was: AYES: 9-Muehlenbeck, Kolinski, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Addante NAYS: 7-Volberding, Kehe, Martin, Wetter, Chiropolos, Ward, Zanca ABSENT: 0 -None Motion declared carried. Upon roll call 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 Ward, seconded by Muehlenbeck, adopt the recommendation of the Finance Committee to concur with Civ1.1 Service Commission and Job Evaluation Committee re re-evaluations as follows: Building Inspector/295 Points to 307 Points Plumbing Inspector/295 Points to 307 Points Electrical Inspector/295 Points to 307 Points 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. HOUSING ASSISTANCE PLAN: IDRB APPLICATION, FRITZ AIR FREIGHT: ZONING CASE 83-45-V 314 OXFORD: ZONING CASE 83-44-V 1580 OAKTON: EXTENSION OF CERTIFICATE OF ZONING 1665 OAKTON: ZONING CASE 83 -41 -RV 1958 ILLINOIS: (formerly 83-27-V) ELIMINATION OF EASEMENT, 850 OAKTON: 85. 12/19/83 PAGE TWO Moved by Ward, seconded by Muehlenbeck, to adopt the recommendation of the Finance Committee to approve Housing Assistance Plan Annual Goals as outlined in memo from Laurie Marston, Community Development Coordinator, dated December 16, 1983, which are to be submitted to HUD. Motion declared carried. Moved by Ward, seconded by Muehlenbeck, to adopt the recommendation of the Finance Committee to authorize, City administration and Ed Benjamin of Benjamin & Lang, City's financial consultants, to review the request from Fritz Air Freight Company for Industrial Development Revenue Bonds in the amount of $8,000,000 for property located at 2301 S. Mt. Prospect Road, and prepare the necessary recommendation for Committee's review. 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 Zoning Case 83-45-V to grant variation to allow construction of addition 18' long x 22' wide or 396 sq. ft. to existing garage, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Kisslinger, seconded by Kolinski, to adopt the recommendation of the Municipal Development Committee to concur with Des Plaines Zoning Board of Appeals re Zoning Case 83-44-V to grant variation to eliminate required 5' landscaped area adjacent to sidewalk and install approximately 20' x 32' of landscaping along southeast side of existing building, 1580 Oakton, 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 approve extension of Certificate of Zoning #554, dated March 1, 1982, which grants a special use for a Congregate Living Center, 1665 Oakton Place (Oakton Terrace Nursing Home). Special Use to be extended from December 31, 1983 to September 1, 1984. Motion declared carried. Moved by Kisslinger, seconded by Zanca, to adopt the Majority Report of the Municipal Development Committee re Zoning Case 83 -41 -RV to rezone property located at 1958 Illinois Street from R-3 Two Family Residence to R-4 Multiple Family Residence and grant variation from required 2800 sq. ft. to 2083.3 sq. ft. for lot area per dwelling unit and, if permissible, and a covenent to run with the land as determined by City Attorney, and City Attorney to draft necessary ordinance. Upon roll call, the vote was: AYES: 5-Muehlenbeck, Volberding, Kisslinger, Dini, Zanca NAYS: 11-Kolinski, Kehe, Martin, Wetter, Schneck, Adams, Hardiman, Gebert, Chiropolos, Addante Ward ABSENT: 0 -None Motion declared lost. Moved by Kisslinger, seconded by Kolinski, to adopt recommendation of the Municipal Development Committee to approve elimination of easement at 850 Oakton Street, installation of left hand turning bay for east bound traffic on Oakton Street entering into subject property, compliance of all IDOT regulations concerning pavement construction and traffic matters on Oakton Street, and ELIMINATION OF EASEMENT (Cont'd.) PARKING RESTRICTIONS, FIFTH AVENUE CEDAR STREET: TRAFFIC SIGNAL AGREEMENT WITH IDOT: LIQUOR LICENSE, 769 HOLIDAY LANE: SALE OF CITY PROPERTY: AMENDMENT OF ORDINANCE M-40-74: ADVISORY REFERENDUM: LEAVE OF ABSENCE FOR REQUIRED MILITARY SERVICE: 12/19/83 • PAGE THREE 86. westerly driveway center line must line up exactly with Maine West High School driveway, ani? £itl t b4 a4tlactrdzed—ba--cira-ne•ecis-s-a-r-y—err-4441.ance. Mot ion declared carried. aQm Moved by Chiropolos, seconded by Martin, to adopt recommendation of the Engineering Committee that there be no parking on the -west side of Fifth Avenue from Thacker Street to Greenview Avenue and on the east side of Fifth Avenue from Greenview Avenue to Fifth Court. Also no parking on the east side of Cedar Street from Touhy Avenue to Welwyn Avenue to Howard Street and on the west side of Cedar Street from Welwyn Avenue to Howard Street, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Chiropolos, seconded by Martin, to adopt recommendation of Engineering Committee that Mayor sign letter of understanding and plan approval with IDOT for traffic signals at intersections of Illinois Route 83 (Elmhurst Road) and Illinois Route 62 (Algonquin Road), Section 116TS-2(83), and Illinois Route 83 (Elmhurst Road) and Dempster Street, Section 3025TS-83 and plan approval subject to revision to include left hand turn signal for southbound Illinois Route 83 (Elmhurst Road) at Illinois Route 62 (Algonquin Road). Motion declared carried. Moved by Kehe,.seconded by Kisslinger, to adopt the recommendation of the License ,& Judicial Committee to grant request to change Class to ClassAX liquor license for Frankies Two, Inc., 769 Holiday Lane, and City Attorney to draft necessary ordinance. Motion declared carried. Moved by Kehe, seconded by Wetter, td adopt_the recommendation of the License & Judicial Committee that City Attorney be authorized to draft ordinance authorizing the sale of City property located at southwest corner of Stillwell and Sunset Drives, Lots 10 and 11. Motion declared carried. Moved by Kehe, seconded by Wetter, to adopt the recommendation of the License & Judicial Committee that Ordinance M-40-74 having to do with Industrial Development Revenue Bonds be amended to delete section re publishing ordinance in local newspaper of general circulation. Motion declared carried. Moved by Kehe, seconded by Kisslinger, to adopt the recommendation of the License & Judicial Committee to take no action on the request to place an advisory referendum on Taxpayer Relief Act on the local ballot for March 20, 1984 primary. Motion declared carried. Moved by Volberding, seconded by Zanca, to adopt the recommendation of the Public Safety Committee that request for required military service by police officer be granted per City ordinance. Mayor Seitz called for a recess at 9:27 P.M. Council reconvened at 9:40 P.M. Following discussion, motion was amended by originators that request for required military service by police officerbe granted per City ordinance, and that each and every request for any period longer than two weeks must be approved by City Council. Upon roll call, the vote was: 87. 12/19/83 PAGE FOUR LEAVE OF AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, ABSENCE Martin, Wetter, Schneck, Kisslinger, Adams, (Cont'd.) Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ORDINANCE Moved by Dini, seconded by Kisslinger, to adopt M-67-83 Ordinance M-67-83, AN ORDINANCE AMENDING SECTION 5 -5 - FALSE FIRE 31.3 OF THE DES PLAINES CITY CODE, PERTAINING TO CENTRAL ALARMS STATION ALARMS, ADDING THERETO ADDITIONAL WORDAGE (SERVICE REFERRING TO LICENSE FEES; ALSO ADDING A NEW SECTION CHARGE): 5-5-31.6 PERTAINING TO NON -BONA FIDE ALARMS (FALSE ALARMS). 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 Held on Second 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, BY ALARMS ADDING THERETO, UNDER THE CATEGORY OF "OTHER BUSINESSES" (LICENSE SUB -SECTION 5-5-31.3 AND INDICATING THE FEE FOR CENTRAL FEES): STATION ALARMS LICENSES. ORDINANCE Held on Second Reading was Ordinance Z-25-83, AN Z-25-83 ORDINANCE GRANTING A VARIATION UNDER THE ZONING VARIATION ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS. CASE 1895 HOWARD: NO. 83-38-V (1895 Howard Avenue). FINING OF CABLENET: Moved by Gebert, seconded by Dini, that because Cablenet has not responsed to letter from City Attorney, dated December 6, 1983, that they are in default in the amount of $18,200 which was amount deemed to be paid within 10 days of the date of this letter. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, 'Zhnca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Gebert, seconded by Dini, that necessary resolutions and sight draft be prepared by City Attorney and sent to Canadian Imperial Bank of Commerce, 30 N. LaSalle Street, Suite 4100, Chicago, IL 60602, certifying that pursuant to Article IV, section 12 E of Ordinance M-29-81 that Cablenet, Inc. has failed to well and truly observe, fulfill and perform the conditions of said ordinance and its ensuing franchise, and certifying and specifying that $18,200 is due to the City of Des Plaines as a result of such substantial failure by Cablenet, Inc. 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 Dini, seconded by Muehlenbeck, that Cablenet, Inc. continue to be fined $200 a day until every home FINING OF 12/19/83 PAGE FIVE 88. in City requesting service is Wired for Des Plaines access. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Volberding, Kehe, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 3 -Martin, Wetter, Schneck ABSENT: 0 -None Motion declared carried. PLAT OF The matter of the possible erasures on the plat of SUBDIVISION, subdivision for property located at 850 Oakton Street 850 OAKTON: (Koziol and Wedgewood) was referred to the Engineering and License & Judicial Committees. TEMPORARY The matter of temporary occupancy permits was referred OCCUPANCY to the Building Code Committee. PERMITS: ORDINANCE Moved by Kehe, seconded by Martin, to waive First M-70-83 Reading and place on passage M-70-83. Motion declared AMENDING carried. M-40-74 RE PUBLICATION Moved by Kehe, seconded by Martin, to adopt Ordinance OF IDRB M-70-83, AN ORDINANCE AMENDING PROCEDURES FOR THE ORDINANCES: ISSUANCE OF REVENUE BONDS BY THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS BY REMOVING THE REQUIREMENT OF PUBLICATION OF BOND ORDINANCES FOR TEN DAYS AFTER THEIR PASSAGE. 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. A ORDINANCE Placed on First Reading was Ordinance M-71-83, AN M-71-83 ORDINANCE AMENDING SCHEDULE III OF SECTION 1-15-4(A), POSITION OF THE POSITION CLASSIFICATION & COMPENSATION PLAN OF RECLASSIFI- THE DES PLAINES CITY CODE, ADDING THERETO THE POSITION CATION: OF UTILITIES/PAYROLL CLERK. ORDINANCE Moved by Kehe, seconded by Martin, to waive First M-72-83 Reading and place on passage M-72-83. Motion declared INCREASING carried. CLASS A AND DECREASING Moved by Kehe, seconded by Martin, to adopt Ordinance CLASS H M-72-83, AN ORDINANCE INCREASING CLASS A AND DECREASING LIQ. LIC.: CLASS H LIQUOR LICENSES, THEREBY AMENDING SECTION (Frankies II) 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, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ORDINANCE. Placed on First Reading was Ordinance T-11-83, AN T-11-83 ORDINANCE AMENDING SECTION 10-5-5(D) OF THE DES PLAINES PARKING CITY CODE, PERTAINING TO RESTRICTED PARKING, ADDING RESTRICTIONS THERETO THE NORTH SIDE OF THACKER STREET, BETWEEN WOLF ON THACKER: ROAD AND FIFTH AVENUE AND THE SOUTH SIDE OF THACKER STREET BETWEEN WOLF ROAD AND NORTHWEST PLACE. ORDINANCE Placed on First Reading was Ordinance T-12-83., AN T-12-83 ORDINANCE AMENDING SECTION 10-6-16 OF THE DES PLAINES SPEED LIMIT CITY CODE, ADDING THERETO A NEW SUBSECTION 10-6-16(0) ON SEYMOUR: RESTRICTING THE SPEED ON SEYMOUR AVENUE (FROM ALGONQ ROAD TO FLORIAN DRIVE) TO 25 MILES PER HOUR. 1 1 ZONING CASE 83 -47 -SU -V 769 HOLIDAY LANE: APPOINTMENT OF TEMPORARY SUPERINTENDENT OF SPECIAL ASSESSMENTS: APPOINTMENT: EXECUTIVE SESSION: RATIFICATION OF FIREMEN'S CONTRACT: ADJOURNMENT: APPROVED BY ME DAY 0 89. 12/19/83 PAGE SIX Letters from Des Plaines Plan Commission and Zoning Board of Appeals re Case 83 -47 -SU -V for property located at 769 Holiday Lane was referred to Municipal Development Committee. Moved by Martin, seconded by Dini, to waive normal two week waiting period and appoint Patrick Lucansky temporary Superintendent of Special Assessments for Special Assessment #198. 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. Letter from Mayor Seitz re appointment of Bruce Schrake as City Engineer to fill vacancy created by resignation of James Crowley. This matter to come before the Council at their next meeting on Tuesday, January 3, 1984. Moved by Martin, seconded by Kolinski, to go into an Executive Session to discuss status of negotiations. Motion declared carried. Meeting recessed at 11:25 P.M. Council reconvened at 11:45 P.M. Moved by Dini, seconded by Kolinski, to ratify 1983 contract between City and Des Plaines Professional Firemen's Association and authorize Mayor and City Clerk to execute same upon ratification by Des Plaines Professional Firemen's Association. 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 Volberding, seconded by Chiropolos, that the regular meeting of the CityCouncil adjourn. Motion declared carried. Meeting adjourned at 11:48 P.M. THIS 1984 DANIEL KISSLINGER MAYOR PRO TEM .4044,,...; Donna Mcaster, CITY CL