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09/04/1984292. 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, TUESDAY, SEPTEMBER 4, 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 8:05 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center. ROLL CALL: Roll Call indicated the following aldermen present: Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante. Absent were Aldermen Volberding, Ward and Zanca. Also present were: City Treasurer Swanson, City Comptroller Blietz, Commissioner of Public Works Matula, Fire Chief Gedroic, Police Captain Kozenczak, Municipal Development Department Director Richardson, Human Resources & Services Department Acting Director Schaer, Administrative Assistant Taylor, and City Attorney Smith. PRAYER AND PLEDGE: MINUTES: The opening prayer was given by Retired Pastor Ken Wobbe of Christ Church, followed by the Pledge of Allegiance to the Flag. Moved by Dini, seconded by Kolinski, to approve Minutes of the regular meeting of the City Council held August 20, 1984, as published. Corrections: Page Three, Paragraph Five, Line Three, remove the word "qualified;" Page Four, Paragraph Five, Line Three, remove the word "Lane" and add the word "Place;" Page Five, Paragraph Four, Line Thirteen, remove the word "qualified." Following corrections, motion to approve 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: $891,822.58. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. ISSURANCE Moved by Muehlenbeck, seconded by Schneck, to adopt the OF CHECKS: recommendation of the Finance Committee that check be issued to Schmitt Truck Repair, 2014 Lehigh Avenue, Glenview, IL in the amount of $2,085.91 for repair of fire truck. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. Moved by Muehlenbeck, seconded by Schneck, to adopt the recommendation of the Finance Committee that check be issued to Perfection Servo Hydraulics, Inc., 1010 Republic Drive, Addison, IL in the amount of $3,011 for repair of Street Sweeper. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. 9/4/84 PAGE TWO 203. IDRB Moved by Muehlenbeck, seconded by Schneck, to adopt the APPLICATION, recommendation of the Finance Committee to authorize City BIT-O'GOLD: administration and Ed Benjamin of Benjamin & Lang, City's financial consultants, to review the request from Bit -0' Gold for Industrial Development Revenue Bonds in the amount of $2,000,000 to lease property located at 300 Wieboldt Drive, and prepare the necessary recommendation for Finance Committee's review. Motion declared carried. PURCHASE OF ROCK SALT: Moved by Addante, seconded by Bonk, to adopt the recommendation of the Public Works Committee that 2,095 tons of rock salt be purchased from Domtar Ind., Inc. 4825 N. Scott Street, Schiller Park, IL, through the Northwest Municipal Conference, in the amount of $44.458 MFT Funds. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. Moved by Addante, seconded by Dini, to adopt the recommendation of the Public Works Committee that City enter into agreement with Domtar Ind., Inc. through the Northwest Municipal Conference, to purchase rock salt as needed at a price after October 1, 1984 of $21.47 per ton, not to exceed $30,000. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. ADDITIONAL Moved by Schneck, seconded by Addante, to adopt the TREE TRIMING: recommendation of the Public Works Committee that the tree trimming contract with R. W. Hendricksen Company, 1370 S. Pennsylvania Avenue, Des Plaines, be extended to perform work in the Seventh Ward area bounded by Rand Road, Polynesian Drive, Third Avenue and Seventh Avenue, in the amount of $5,000 which is to be transferred from the Beautification section of the Forestry budget. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. FENCE Moved by Hardiman, seconded by Martin, to adopt the VARIATIONS: recommendation of the Building Code Committee that request for variation to allow decorative fence around front patio on property located at 1560 B Woodland Avenue be denied. Motion declared carried. Moved by Hardiman, seconded by Martin, to adopt the recommendation of the Building Code Committee that request for variation to allow fence extension 25' beyond front building line on property located at 441 Columbia Avenue be granted. Motion declared carried. DRIVEWAY Moved by Hardiman, seconded by Bonk, to adopt the VARIATION: recommendation of the Building Code Committee that request for variation to increase size of driveway width from 16' as permitted by Code to 24' on property located at 1152 Walnut. Motion declared carried. TEFLON CABLE IN PLENUM CEILING: 204. •9/4/84 PAGE THREE Moved by Hardiman, seconded by Bonk, to adopt the recommendation of the Building Code Committee to allow the use of teflon cable in plenum ceiling provided it is installed in a specified manner to be identified in a text amendment to the Building Code and City Attorney be authorized to draft necessary ordinance. Motion declared carried. WAIVE Moved by Hardiman, seconded by Martin, to adopt the REQUIREMENT FOR recommendation of the Building Code Committee to waive HARD SURFACE requirement for hard surface parking lot and drainage at PARKING LOT: 1100 Northwest Highway to permit Nugent Wenckus, Inc. to store automobiles on gravel lot for period of one year and City Attorney be authorized to draft necessary ordinance. Motion declared carried. ADDITIONAL UNDERGROUND FUEL STORAGE: ZONING CASE 84-45-A TEXT AMENDMENT RE LOT SIZE: ZONING CASE 84-44-V 1900 BERRY LANE: PROGRESS PAYMENT, A.M. KINNEY: (Transit Center) DOWNTOWN REDEVELOPMENT PROGRESS REPORT: Moved by Hardiman, seconded by Bonk, to adopt the recommendation of the Building Code Committee to grant request for variation to increase the underground fuel capacity on property located at 200 W. Jarvis Avenue to a total of 74,000 gallon capacity 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 the Des Plaines Zoning Board of Appeals re Case 84-45-A approving text amendments reducing the 3,000 square feet of minimum lot area for each three bedroom unit to 1,000 square feet 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 the Des Plaines Zoning Board of Appeals re Case 84-44-V to grant variation to allow 24' rear yard setback from required 30' and exceed the 30o maximum lot coverage by 984 square feet in R-1 Single Family Residence District, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Kisslinger, seconded by Bonk, to adopt the recommendation of the Municipal Development Committee that a progress payment of $15,064.76 be made to A. M. Kinney Associates,. Inc., 801 Davis Street, Evanston, IL for work performed on Transit Center from November 28, 1983 through July 29, 1984. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. Alderman Kisslinger advised the Council that the Municipal Development Committee concurs with the EDC that a feasi- bility study be conducted for a hotel/motel in the Central Business District and that Pannell Kerr Forster, C.P.A., 122 S. Michigan Avenue, Chicago, IL, 60603, be hired at a cost of $4,000 of their budget funds. Also EDC has initiated action to begin acquiring property on Ellinwood Street. 9/4/84 PAGE FOUR 205. PROPOSALS FOR Moved by Martin, seconded by Chiropolos, to adopt the PURCHASE OF recommendation of the Engineering Committee that the WATER METERS: administration request proposals to purchase four (4) 12" water meters. Motion declared carried. MAPLE STREET Moved by Chiropolos, seconded by Martin, to adopt the RESURFACING: recommendation of the Engineering Committee that Supplemental City Clerk be authorized to sign supplemental resolution Resolution in the amount of $27,500 MFT Funds to resurface 400' of Maple Street south of Howard Avenue including a 12" drain- age sewer. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. ALLEY Moved by Chiropolos, seconded by Bonk, to adopt the IMPROVEMENT, recommendation of the Engineering Committee that the 1672 HENRY: Engineering Department be authorized to prepare a design concept for alley improvement behind 1672 Henry Avenue, bounded by White Street, Walnut Avenue and Henry Avenue. Motion declared carried. SPEED LIMIT, GRECO AVE.: Moved by Chiropolos, seconded by Martin, to adopt the recommendation of the Engineering Committee that 25 MPH signs be posted on Greco Avenue from Touhy Avenue to Pratt Street, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. ORDINANCE Moved by Muehlenbeck, seconded by Schneck, to adopt M-35-84 Ordinance M-35-84, AN ORDINANCE LEVYING TAXES FOR THE CITY 1984 TAX OF DES PLAINES, COOK COUNTY ILLINOIS FOR THE FISCAL YEAR LEVY: BEGINNING JANUARY 1, 1984 AND ENDING DECEMBER 31, 1984. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. ORDINANCE Moved by Muehlenbeck, seconded by Schneck, to adopt M-37-84 Ordinance M-37-84, AN ORDINANCE AMENDING SECTION 1-15-5 (D) UNIFORM 2. OF THE DES PLAINES CITY CODE, THEREBY INCREASING THE ALLOWANCE: UNIFORM ALLOWANCE FOR POLICE DEPARTMENT PERSONNEL AND CERTAIN FIRE DEPARTMENT PERSONNEL. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. ORDINANCE Moved by Martin, seconded by Bonk, to adopt Ordinance' M-38-84 M-38-84, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PREVAILING DES PLAINES, ENACTING SECTION 39s-1 THROUGH 39s-12 OF WAGE RATES:. CHAPTER 48, OF THE ILLINOIS REVISED STATUTES, 1983, PERTAINING TO WAGES OF EMPLOYEES ON PUBLIC WORKS AND PREVAILING WAGE RATES. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. ORDINANCE Z-20-84 PARKING LOT, 1445 OAKTON: ORDINANCE Z-21-84. SPECIAL USE, DEMPSTER & POTTER: (• ..no motion change required) ORDINANCE B-2-84 RODENT CONTROL DURING DEMOLITION ORDINANCE M-39-84 FENCE VARIATION, 1390 DES PLAINES AVE.: 206. 9/4/84 PAGE FIVE Moved by Dini, seconded by Schneck, to adopt Ordinance Z-20-84, AN ORDINANCE GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS. (CASE NO. 84-35-V) 1445 EAST OAKTON STREET - BLACK RAM RESTAURANT. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. Moved by Kisslinger, seconded by Kolinski, to adopt Ordinance Z-21-84, AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW THE LOCATION AND ESTABLISHMENT OF A WENDY'S RESTAURANT WITH DRIVE-THRU SERVICE LANE IN C-2 COMMERCIAL DISTRICT AT 2570 W. DEMPSTER STREET. CASE NO. 84 -36 -SU. Moved by Kolinski, seconded by Schneck, to allow Wendy's International, Inc. real estate representative, Daniel C. Sweeney, to address the Council for two minutes. Motion declared carried. Upon roll call on the original motion, the vote was: AYES: 9-Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Chiropolos, Addante NAYS: 4-Muehlenbeck, Hardiman, Gebert, Dini ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. (Per Chapter 24, Section 11-13-14, the requirement for passage where a petition has been filed is "...a favorable vote of 2/3 of the aldermen than holding office..." which means that this motion failed) Moved by Kolinski, seconded by Muehlenbeck, to waive First Reading and place on passage Ordinance B-2-84. Motion declared carried. Moved by Kolinski, seconded by Bonk, to adopt Ordinance B-2-84, AN ORDINANCE AMENDING SECTION 4.4-20 OF THE DES PLAINES BUILDING CODE, ADDING THERETO A NEW SUB -SECTION "c" PERTAINING TO RODENT AND VERMIN CONTROL DURING DEMOLITION. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. Moved by Martin, seconded by Bonk, to waive First Reading and place on passage Ordinance M-39-84. Motion declared carried. Moved by Martin, seconded by Bonk, to adopt Ordinance M-39-84, AN ORDINANCE GRANTING A VARIATION TO SECTION 6-7-1 OF THE DES PLAINES CITY CODE, TO PERMIT A FENCE IN FRONT OF THE BUILDING LINE AT 1390 DES PLAINES AVENUE. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. ORDINANCE M-40-84 FENCE VARIATION 405 FLORIAN: FENCE VARIATIONS: ORDINANCE M-41-84 LEASE AGREEMENT, 1700 HIGGINS CENTRE: ORDINANCE Z-22-84 SPECIAL USE, OAKTON & LEE: ORDINANCE Z-23-84 TEXT AMENDMENT RE PARKING LOT: ORDINANCE Z-24-84 SPECIAL USE, 611 E. GOLF: 207. 9/4/84 PAGE SIX Moved by Martin, seconded by Bonk, to waive First Reading and place on passage Ordinance M-40-84. Motion declared carried. Moved by Martin, seconded by Bonk, to adopt Ordinance M-40-84, AN ORDINANCE GRANTING A VARIATION TO SECTION 6-7-1 OF THE DES PLAINES CITY CODE, TO PERMIT A 14 FT. FRONT YARD SETBACK FOR FENCE AT 405 FLORIAN DRIVE. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. At the request of Alderman Addante, Mayor Seitz referred the matter of fence variations being approved by ordinance to the License & Judicial Committee. Moved by Dini, seconded by Kisslinger, to waive First Reading and place on passage Ordinance M-41-84. Motion declared carried. Moved by Dini, seconded by Kisslinger, to adopt Ordinance M-41-84 as amended, AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF DES PLAINES AND PHILLIP I. MAPPA INTERESTS/1700 HIGGINS CENTRE, INC. Upon roll call, the vote was: AYES: 13-Muehlenbeck, Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante NAYS: 0 -None ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. Moved by Kisslinger, seconded by Martin, to waive First Reading and place on passage Ordinance Z-22-84. Motion declared carried. Moved by Kisslinger, seconded by Bonk, to adopt Ordinance Z-22-84, AN ORDINANCE GRANTING A SPECIAL USE TO PERMIT A CLASS B RESTAURANT IN C-3 COMMERCIAL DISTRICT AND A VARIATION TO SECTION 4.3.5 OF THE ZONING ORDINANCE, TO REDUCE THE REQUIRED 150 FT. SETBACK TO 25 FEET IN C-3 COMMERCIAL DISTRICT, AT THE NORTHEAST CORNER OF OAKTON AND LEE STREETS. (Case No. 84 -31 -SU -V). Upon roll call, the vote was: AYES: 11-Kolinski, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Gebert, Dini, Chiropolos, Addante NAYS: 2-Muehlenbeck, Hardiman ABSENT: 3-Volberding, Ward, Zanca Motion declared carried. Placed on First Reading was Ordinance Z-23-84, AN ORDINANCE AMENDING ARTICLE 3 OF THE ZONING ORDINANCE, ADDING THERETO A NEW SECTION 3.1.2.19 TO PERMIT THE BUILDING OF A PARKING LOT IN R-2 SINGLE FAMILY RESIDENCE DISTRICT, AS A SPECIAL USE. (Case No. 84 -41 -SU -A, 611 E. Golf Road) Placed on First Reading was Ordinance Z-24-84, AN ORDINANCE GRANTING A SPECIAL USE TO BUILD A PARKING LOT IN R-2 SINGLE FAMILY RESIDENCE DISTRICT, AT 611 E. GOLF ROAD (CASE NO. 84 -41 -SU) 1 1 9/4/84 PAGE SEVEN 208. REAPPOINTMENT: Moved by Dini, seconded by Chiropolos, to concur with Mayor Seitz's reappointment of Michael Stoltz to the Beautification Commission, term to expire August 7, 1987. Motion declared carried. Mayor Seitz asked for concurrence on his reappointment of William F. Muehlenbeck, to the Architectural Commission; Albert G. Weber to the Consumer Protection Commission, and appointment of Loretta Heermann_-and John Cochrane to the Clean Community Commission. This matter to come before Council at its next meeting on September 17, 1984. EXECUTIVE Moved by Dini, seconded by Martin, to go into Executive SESSION: Session to discuss status of negotiations. Motion declared carried. Meeting recessed at 9:35 P.M. Council reconvened at 10:50 P.M. ADJOURNMENT: Moved by Bonk, seconded by Kolinski, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:51 P.M. APPROVEBY ME THIS p?0 DAY OF •. 1984 r /iiA 4L/' E. S=tz,. YOR Donna McAllister, CITY CLERK