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03/05/1984115. 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, MARCH 5, 1984 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 8:11 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 Captain Kozenczak, Fire Chief Gedroic, Municipal Development Department Director Richardson, City Engineer Shrake, Human Resources & Services Department Acting Director Schaer, Administrative Assistant Taylor, City Attorney Smith. PRAYER AND PLEDGE: RESOLUTION R-12-84 INVITING CREMONA, ITALY TO BECOME. SISTER CITY: MINUTES: BILLS PAYABLE: ORDINANCE M-10-84 UNITED STATIONERS: PUBLIC OFFICIALS LIABILITY INSURANCE: The opening prayer was given by Dr. Keith Davis, Church of The Master, followed by the Pledge of Allegiance to the Flag. Moved by Volberding, seconded by Martin, to adopt Resolution R-12-84, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, INVITING THE CITY OF CREMONA, ITALY, TO BECOME A SISTER CITY AND FURTHER INVITING THE PEOPLE OF CREMONA, ITALY, TO PARTICIPATE IN SAID PROGRAM. Motion declared carried. Moved by Volberding, seconded by Dini, to approve Minutes of the regular meeting of the City Council held February 21, 1984, as published. Motion declared carried. 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: $500,080.99. 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 Ward, seconded by Muehlenbeck, to place Ordinance M-10-84, AN ORDINANCE PROVIDING FOR THE INSTALLATION OF WATER AND SEWER IMPROVEMENTS AND MAKING A SUPPLEMENTAL APPROPRIATION (UNITED STATIONERS), on First Reading this evening at appropriate time. Motion declared carried. Moved by Ward, seconded by Muehlenbeck, to adopt the recommendation of the Finance Committee that a check be issued to C. J. Lauer, 605 Lee Street, to extend Public Officials Liability insurance for 30 days. 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. INSURANCE CONSULTANT: FOREST AVENUE STORM SEWER EXTEN- SION: PARKING RESTRICTIONS 722 GRACE - LAND AVENUE: PARKING RESTRICTIONS AT STATE INTERSECTIONS: TRAFFIC SIGNAL IMPROVEMENTS, WOLF ROAD & HOWARD AVENUE: 1983 STREET MAINTENANCE PROGRAM SUPPLEMENTAL RESOLUTION: 3/5/84 PAGE TWO 116. Moved by Ward, seconded by Muehlenbeck, that Corporate Policyholders Counsel, 20 N. Wacker Drive, Chicago, be retained at $75.00 per hour, not to exceed $1,900, to review and evaluate the five (5) proposals received re liability and property insurance. Upon roll call, the vote was: AYES: 11-Muehlenbeck, Volberding, Kehe, Martin, Wetter, Kisslinger, Hardiman, Chiropolos, Addante, Ward, Zanca NAYS: 5-Kolinski, Schneck, Adams, Gebert, Dini ABSENT: 0 -None Motion declared carried. Moved by Martin, seconded by Chiropolos, to adopt the recommendation of the Engineering Committee that City Clerk be authorized to advertise for bids for con- struction of Forest Avenue storm sewer extension, returnable on Wednesday, April 11, 1984 at 3 P.M. Motion declared carried. Moved by Chiropolos, seconded by Martin, to adopt the recommendation of the Engineering Committee that Public Works Department paint curb yellow on west side of Graceland Avenue, 20' to the north and 10' to the south of driveway at 722 Graceland Avenue, situation to be reevaluated three months after painting before signs are installed. Motion declared carried. Moved by Chiropolos, seconded by Martin, to adopt the recommendation of the Engineering Committee that "No Parking At Any Time" signs be installed within 300' of the following State intersections: Illinois Route 62 (Algonquin Road) & Illinois Route 83 (Elmhurst Road) Dempster Road & Illinois Route 83 (Elmhurst Road), Howard Avenue & Wolf Road, Illinois Route 58 (Golf Road) & Wolf Road, Oakton Street & Wolf Road, and Illinois Route 62 (Algonquin Road)'& Wolf Road, 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 approve resolution appropriating $6,900, MFT Funds, for City's share of construction and engineering costs for traffic signal improvements at Wolf Road and Howard Avenue. 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 authorizing City Clerk to sign supplemental resolution appropriating $101,446, MFT Funds, for spot curb and sidewalk replace- ments re 1983 StreetMaintenance 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. RECESS: SALE OF CITY PROPERTY, SUNSET AND STILLWELL: UNIT SHELF PRICING: TRANSIT CENTER DESIGN: HOUSING FACILITY FOR AGED: ORDINANCE M-8-84 APPROPRIATION OF FUNDS: 117. 3/5/84 PAGE THREE Mayor Seitz called for a recess at 8:40 P.M. so that License & Judicial Committee could confer with City Attorney. Council reconvened at 8:45 P.M. Moved by Kehe, seconded by Kisslinger, to adopt the recommendation of the License & Judicial Committee to accept the high bid for the sale of City property located at Sunset Drive and Stillwell Drive from Our Lady of Hope Church, 9711 W. Devon Avenue, Rosemont, IL, in the amount of $40,103, and Mayor and City Clerk be authorized to sign necessary sales contract, and bid check be returned to unsuccessful bidder. Upon roll call, the vote was: AYES: 17-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca, Mayor Seitz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Kehe, seconded by Kisslinger, to adopt the recommendation of the License & Judicial Committee that Section 5-3-9.3 of Title V, Chapter 3, re Unit Shelf Pricing be removed from the City Code. Moved by Volberding, seconded by Martin, to call for the question. Motion declared carried. Upon roll call on the motion, the vote was: AYES: 14-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Addante, Ward, Zanca NAYS: 1-Chiropolos ABSENT: 0 -None ABSTAIN:1-Dini (conflict of interest) Motion declared carried. Moved by Kisslinger, seconded by Zanca, to adopt the recommendation of the Municipal Development Committee to concur with the Architectural Commission that approval be given to A. M. Kinney Associates, Inc. to proceed with the next phase of the design program. Motion declared carried. Alderman Kolinski voted no. The two motions on this subject that were deferred at the Council meeting held February 21, 1984, were withdrawn with the recommendation that the City post- pone this matter for current application period and it be re-examined before the next application period. Moved by Kehe, seconded by Kisslinger, to adopt Ordinance M-8-84, AN ORDINANCE MARKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR ENDING DECEMBER 31, 1984. Moved by Muehlenbeck, seconded by Schneck, to table this matter until the next Council meeting. Upon roll call, the vote was: AYES: 14-Muehlenbeck, Kolinski, Volberding, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 2-Kehe, Ward ABSENT: 0 -None Motion declared carried. ORDINANCE M-9-84 TRANSFER OF FUNDS: ORDINANCE Z-4-84 SPECIAL USE, 1602 RIVER: ORDINANCE Z-5-84 SPECIAL USE & VARIATION, 769 HOLIDAY LANE: ORDINANCE M-10-84 UNITED STATIONERS SUPPLEMENTAL APPROPRIATION: ORDINANCE M-11-84 AUTHORIZING NOTES & PUR- CHASE CONTRACT (HOLY FAMILY HOSPITAL) EXECUTIVE SESSION: 118. 3/5/84 PAGE FOUR Moved by Kehe, seconded by Kisslinger, to adopt Ordinance M-9-84, AN ORDINANCE PROVIDING FOR THE TRANSFER OF APPROPRIATION WITHIN FUNDS FOR THE YEAR 1983. 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 Schneck, to adopt Ordinance Z-4-84, AN ORDINANCE GRANTING A SPECIAL USE TO PERMIT INSTALLATION OF TWO UNDERGROUND TANKS AT AN EXISTING GAS STATION IN C-2 COMMERCIAL DISTRICT. (CASE NO. 84 -5 -SU 1602 River Road). 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 Zanca, seconded by Kisslinger, to adopt Ordinance Z-5-84, AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW A BEER GARDEN IN C-2 COMMERCIAL DISTRICT AND A VARIATION TO SECTION 9.1.7.2.2.11.2 OF THE ZONING ORDINANCE, TO WAIVE REQUIREMENT FOR EIGHT ADDITIONAL PARKING SPACES, ALSO A VARIATION TO SECTION 4.1.5.2 FROM THE REQUIRED FIVE FEET SIDE YARD SETBACK TO ONE FOOT, AT 769 HOLIDAY LANE. CASE NO. 83 -47 -SU -V. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 1 -Ward ABSENT: 0 -None Motion declared carried. Placed on First Reading was Ordinance M-10-84, AN ORDINANCE PROVIDING FOR THE INSTALLATION OF WATER AND SEWER IMPROVEMENTS AND MAKING A SUPPLEMENTAL APPROPRIA- TION (UNITED STATIONERS). Placed on First Reading was Ordinance M-11-84, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $13,400,000 VARIABLE RATE REVENUE BONDS, SERIES 1984 (HOLY FAMILY HOSPITAL PROJECT) BY THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, AND APPROVING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE, DATED AS OF MARCH 1, 1984 A LOAN AGREEMENT DATED AS OF MARCH 1, 1984, A REMAR- KETING AGREEMENT DATED AS OF MARCH 1, 1984, A PRIVATE PLACEMENT MEMORANDUM AND A PURCHASE CONTRACT PERTAINING TO SAID ISSUE AND RELATED MATTERS. Moved by Wetter, seconded by Dini, to go into an Executive Session to discuss pending litigation. Motion declared carried. Meeting recessed at 10:25 P.M. Council reconvened at 10:49 P.M. 1 RESOLUTION R-9-84 CABLENET'S NONCOMPLIANCE OF CONTRACT: RESOLUTION R-10-84 COSTS AND DAMAGES DUE CITY FROM CABLENET: RESOLUTION R-13-84 SALE OF PARKING METERS TO CITY OF JOLIET: ZONING CASE 84-12-R 2777 MANNHEIM: APPOINTMENTS: STOP SIGN AT CORA & OAKWOOD: 3 /5/84 PAGE FIVE 119. Moved by Dini, seconded by Schneck, to adopt Resolution R-9-84, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, CERTIFYING PURSUANT TO ARTICLE IV, SECTION 12 (D) OF ORDINANCE M-29-81, IN SUCH MANNER CABLENET, INC. SUBSTANTIALLY FAILED TO WELL AND TRULY OBSERVE, FULFILL AND PERFORM THE CONDITIONS OF ORDINANCE M-29-81 OR ITS ENSUING FRANCHISE. Upon r oll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Volberding, Martin, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca NAYS: 3-Kehe, Wetter, Ward ABSENT: 0 -None Motion declared carried. Moved by Dini, seconded by Gebert, to adopt Resolution R-10-84, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, CERTIFYING AND SPECIFYING THE DAMAGES AND COSTS DUE THE CITY OF DES PLAINES AS A RESULT OF SUCH SUBSTANTIAL FAILURE BY CABLENET, INC. TO WELL AND TRULY OBSERVE, FULFILL AND PERFORM THE CONDITIONS OF ORDINANCE M-29-81 OR ITS ENSURING FRANCHISE. 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 Muehlenbeck, to adopt Resolution R-13-84 pertaining to the sale of City's parking meters to City of Joliet. Upon roll call, the vote was: AYES: 17-Muehlenbeck, Kolinski, Volberding, Kehe, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca, Mayor Seitz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Letter from Des Plaines Zoning Board of Appeals re Case 84-12-R, 2777 Mannheim Road (Garcia's of Scotts- dale), was referred to the Municipal Development Committee. Letter from Mayor Seitz re appointment of Laurence E. Cripe and Jay Barreiro to the Economic Development Commission to fill vacancies created by resignations of Edward J. Bock and Robert Grasseschi, will be before the City Council at the next Council meeting on Monday, March 19, 1984. At the request of Alderman Volberding, Mayor Seitz referred the matter of a stop sign at the corner of Cora Street and Oakwood Avenue to the Engineering Committee. 120. 3/5/84 PAGE SIX ADJOURNMENT: Moved by Kehe, seconded by Addante, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:59 P.M. 1 APPRO D 'BY ME T IS DAY OF , 1984 1 Donna McAllister, CITY CLERK