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05/17/1982251. 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, MAY 17, 1982 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 8:09 P.M., in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center. ROLL CALL: Roll Call indicated the following aldermen present; Kolinski, Kehe, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan. Absent were Alderman Muehlenbeck, Dwiel and Ward. Also present were: City Comptroller Blietz, City Treasurer Swanson, Commissioner of Public Works Matula, Fire Chief Gedroic, Police Chief Alfano, Building Commissioner Trost, Acting City Engineer Crowley, Environmental Officer Lindahl, Acting Health Director McIntosh, Administrative Assistant Taylor and City Attorney Smith. PRAYER AND PLEDGE: APPOINTMENT, THIRD WARD ALDERMAN AND RESOLUTION R-15-82 TRIBUTE TO ALDERMAN RALPH ENSIGN: deceased; and The meeting opened with prayer by Father Paul Rosemeyer of St.Mary's Church, followed by the Pledge of Allegiance to the Flag. Moved by Wetter, seconded by Kolinski, to suspend rules so that matter of appointment of Third Ward Alderman and Resolution R-15-82 could come before the Council. Motion declared carried. Moved by Wetter, seconded by Kolinski, to concur with Mayor Seitz's appointment of Mr. Robert L. Martin to fill vacancy as Alderman of Third Ward. Upon roll call, the vote was: AYES: 11-Kolinski, Kehe, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, NAYS: 1 -Egan ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. Oath of Office was administered by City Clerk McAllister and Alderman Martin was seated on the City Council. Moved by Wetter, seconded by Kolinski, to adopt Resolution R-15-82, a tribute to Alderman Ralph Ensign, who died on April 6, 1982, which reads: WHEREAS, the Honorable Alderman Ralph Ensign is now WHEREAS, his passing deeply grieves the residents of the City of Des Plaines, members of the City Council, and the City Officials of the City of Des Plaines, and recalls to mind his sincere and dignified presence which gave strong moral leadership to this City; and WHEREAS, he served in the capacity of Alderman for a period of five years, being recently named Member of the Finance & Insurance and Water & Sewer Committees, and Chairman of the Building Control & Inspection Committee, and was involved in significant community events including the preservation of the Kinder Home as the Des Plaines Historical Museum and the reform of the City's performance bond review practices; and WHEREAS, past, present, and future generations of the City of Des Plaines owe him a debt of gratitude for his contribution to the VFW Post 2992, the American Legion Post 36, and the Des Plaines Elks. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Illinois, as follows: SECTION 1: That the City of Des Plaines shall be indebted to Alderman Ralph Ensign for the unselfish and open -mined manner in which he served so well. 5/17/82 PAGE TWO 252. SECTION 2: That the corporate authorities of the City of Des Plaines have lost one of their greatest men and do hereby express their deep sorrow at the passing of Alderman Ralph Ensign, and extend their sympathy to the Ensign family. SECTION 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. MINUTES: Motion declared carried. Moved by Tomaszewski, seconded by Erbach, to approve the Minutes of the regular meeting of the City Council held on May 3, 1982, as published. Correction: Page Three, Paragraph 4, Line 5, change "in the amount of $868.00" to read, " in the amount of $1,742.40 per acre." Following correction, motion to approve declared carried. BILLS Moved by Prellberg, seconded by Kehe, to adopt the PAYABLE: 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 $429,922.72. Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 0 -None ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. (This action taken as Committee of the Whole because quorum was not present at Finance & Insurance Committee meeting.) INDUSTRIAL Moved by Prellberg, seconded by Kisslinger, to authorize DEVELOPMENT the City administration and Ed Benjamin of Benjamin & REVENUE BOND Lang, the City's financial consultants, to review the APPLICATION, application from Speedfam Corporation, 509 N. Third SPEEDFAM Avenue, for Industrial Development Revenue Bond in the CORPORATION: amount of $1,500,000, and prepare the necessary recommendation for the Committee's review. Motion declared carried. Alderman Egan voted no. (This action taken as Committee of the Whole because quorum was not present at Finance & Insurance Committee meeting.) RESTAURANT Moved by Erbach, seconded by Kisslinger, to adopt the CLASSIFI- recommendation of the Municipal Development Committee CATIONS: authorizing City Attorney to prepare and present petition to Zoning Board of Appeals for text amendment to Zoning Ordinance having to do with changing classifications for restaurants as recommended by Mike Richardson in his letter to the City Council of March 2, 1982, with modification of Paragraph 3 of Section 1. Motion declared carried. FEE Moved by Erbach, seconded by Kisslinger, to adopt the RETENTION, recommendation of the Municipal Development Committee ZONING that no action be taken on request to study cost incurred HEARINGS: by City when petitioner withdraws from zoning hearing and whether petitioner should bear cost, since City presently retains all fees if petitioner withdraws after notice has been published and costs incurred. Motion declared carried. 253. 5/17/82 PAGE THREE WAYCINDEN PARK Moved by Erbach, seconded by Kisslinger, to suspend ANNEXATION: rules so that Resolution R-13-82 can be considered by the Council. Motion declared carried. ORDINANCE M-35-82 CONSOLIDATION OF BLDG. DEPT. AND PLANNING & ZONING DEPT.: PICK-UP TRUCK, FIRE DEPT.: TRANSMITTING SYSTEM FOR POLICE AND FIRE DEPART- MENTS: Moved by Erbach, seconded by Tomasewski, to adopt Resolution R-13-82 which states the City's position if the residents of Waycinden Park requests annexation, as follows: 1. If Waycinden Park annexes, and if through possible action by the Elk Grove Rural Fire Protection District to attempt to prevent disconnection a double taxation should result, the City of Des Plaines would allow the residents to disconnect, if a majority of the homeowners and electors of Waycinden Park so petition the City. 2. If Waycinden Park should annex, the City of Des Plaines will actively pursue any and all objections to annexation or disconnection from the Elk Grove Rural Fire Protection District. 3. If Waycinden Park should annex, the City of Des Plaines agrees that there shall be no special assessments for the area (with the exception of Item #4 below), unless a majority of the Waycinden Park homeowners and electors agree. 4. The City of Des Plaines will allow a 25% public benefit towards purchasing or acquir- ing the Waycinden Park water system and will represent the Waycinden Park homeowners in any rate increase proposed by Citizen's Utilities. Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 0 -None ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. At the request of Alderman Erbach, Mayor Seitz held Ordinance M-35-82 on First Reading so that Municipal Development Committee could continue its review of this ordinance. Moved by Kolinski, seconded by Dini, to adopt the recommendation of the Fire & Civil Defense Committee to award the bid for one pick-up truck for the Fire Depart- ment to Lattof Motor Sales Co., 800 E. Northwest Highway, Arlington Heights, IL, in the amount of $10,217.00, and return bid bonds/checks to unsuccessful bidders. Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 0 -None ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. Moved by Prellberg, seconded by Kolinski, to adopt the joint recommendation of the Police and Fire & Civil Defense Committees that Motorola, 1301 E. Algonquin Road, Schaumburg, 60196, through their contractor, Metrocom, install Spectratac Receiver System consisting of two antennas and three receivers at a cost to the Police 254. .5/17/82 PAGE FOUR TRANSMITTING Department of $12,383.00 and to the Fire Department of SYSTEM Cont'd $27,577.00, waiving the usual bid procedure. Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 0 -None ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. CAR WASH: Moved by Prellberg, seconded by Kehe, to adopt the recommendation of the Police Committee to award the bid for car wash to All Star Car Wash, 771 W. Algonquin Road, in the amount of $78.00 per vehicle per year. Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 0 -None ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. ROOF TOP Moved by Wetter, seconded by Prellberg, to adopt the FURNACE, joint: recommendation of the Building & Grounds and PUBLIC WORKS Finance & Insurance Committees to award the bid for roof BUILDING: top heating unit to B & A Heating & Air Conditioning Co. 427 Golf Road, Des Plaines, as the lowest bidder, in the amount of $8,950.00, and return bid bonds/checks to unsuccessful bidders. Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 0 -None ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. LOBBY Moved by Wetter, seconded by Prellberg, to award the bid RECEPTION to construct partitioned area in lobby where the main AREA FOR console for new telephone system will be located and where NEW operator will also serve as receptionist, to the low TELEPHONE bidder, George Knight Construction Co., 576 Northwest SYSTEM: Highway, Des Plaines, in the amount of $4,754.00, and return bid bonds /checks to unsuccessful bidders. Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi NAYS: 1 -Egan ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. _(Zhisaction taken as Committee of the Whole because quorum was not present at Building & Grounds and Finance & Insurance Committees meeting.) 50/50 SIDEWALK Moved by Kehe, seconded by Kisslinger, to adopt the REPLACEMENT recommendation of the Streets & Traffic Committee to PROGRAM: authorize City Clerk to advertise for bids for the 1982 50/50 Sidewalk Replacement Program, returnable June 23, 1982 at 3 P.M. Motion declared carried. LAW SUITS: Moved by Bonaguidi, seconded by Erbach, to adopt the recommendation of the City Code & Judiciary Committee that the City Attorney be authorized to take the necessary legal action to defend the City's position in the law suit Lynn Glaubitz vs. Kurt Bjornson and the City of Des Plaines. Motion declared carried. LAW SUITS Cont'd EASEMENT AT 1268 EARL AVENUE: MOBILE OFFICE 1439 LEE ST. OLYMPIA DODGE: ORDINANCE M-37-82 APPROVAL OF LANDSCAPING PLANS FOR CITY -OWNED PROJECTS: ORDINANCE M-38-82 IND. DEV. REV. BONDS, BAKE -LINE PRODUCTS,INC.: ORDINANCE Z-6-82 820 ELMHURST ROAD: 255. 5/17/82 PAGE FIVE Moved by Bonaguidi, seconded by Chiropolos, to adopt the recommendation of the City Code & Judiciary Committee that the City Attorney be authorized to take the necessary legal action to defend the City's position in the law suit Carol Ross Barney vs. several defendants including the City of Des Plaines. Motion declared carried. Moved by Erbach, seconded by Tomaszewski, to adopt the recommendation of the Building Control & Inspection Committee to grant request for permission to build garage on rear easement at 1268 Earl Avenue and authorize Building Commissioner to issue building permit. Motion declared carried. Moved by Erbach, seconded by Tomaszewski, to adopt the recommendation of the Building Control & Inspection Committee to grant extension to Olympia Dodge, Inc. for permission to use office trailer at 1439 Lee Street until June 1, 1983. Motion declared carried. Moved by Erbach, seconded by Kisslinger, to adopt Ordinance M-37-82, AN ORDINANCE AMENDING CHAPTER 4, TITLE IV, OF THE DES PLAINES CITY CODE, ADDING THERETO A NEW SECTION 4-4-8 HAVING TO DO WITH LANDSCAPING PLANS FOR CITY -OWNED PROJECTS. Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 0 -None ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. Moved be Prellberg, seconded by Erbach, to adopt Ordinance M-38-82, AN ORDINANCE AUTHORIZING THE FINANCING OF LAND, BUILDINGS AND RELATED PROPERTY CONSTITUTING AN INDUSTRIAL DEVELOPMENT PROJECT IN THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, AUTHORIZING THE ISSUANCE OF THE CITY'S $5,000,000 INDUSTRIAL DEVELOPMENT REVENUE BOND (BAKE -LINE PRODUCTS, INC. PROJECT), SERIES 1982 IN CONNECTION THEREWITH: AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT AMONG THE CITY, BAKE -LINE PRODUCTS, INC., FIRST NATIONAL BANK IN DALLAS AND AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, PROVIDING FOR THE MAKING OF A LOAN TO BAKE -LINE PRODUCTS, INC. FROM THE PROCEEDS OF SAID BOND, THE SECURITY FOR SAID BOND, THE SALE OF SAID BOND TO FIRST NATIONAL BANK IN DALLAS; AND RELATED MATTERS. Upon roll call, the vote was: AYES: ,lam Kolinski, Kehe, Martin, Wetter, Prellberg, /a Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi NAYS: 1 -Egan ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. Moved by Erbach, seconded by Tomaszewski, to adopt Ordinance Z-6-82, AN ORDINANCE GRANTING A SPECIAL USE TO OPERATE A CARRY -OUT SEAFOOD BUSINESS IN C-2 COMMERCIAL DISTRICT. CASE NO. 82 -11 -SU (820 ELMHURST ROAD). Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 0 -None ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. ORDINANCE Z-7-82 1695 RIVER ROAD: REVIEW OF DRUG ORDINANCE: ORDINANCE M-39-82 CITY EMPLOY- EES COMPENSA- TION PLAN: ORDINANCE T-3-82 PARKING ON RIVER RD.: ORDINANCE T-4-82 DISCHARGE OF WASTE WATER INTO STORM SEWERS: (River/Rand Improvement) ORDINANCE T-5-82 ENCROACHMENT ON PUBLIC RIGHT-OF- WAY: (River/Rand Improvement) 256. 5/17/82 PAGE SIX Moved by Tomaszewski, seconded by Erbach, to adopt Ordinance Z-7-82, AN ORDINANCE GRANTING A REZONING FROM M-1 MANUFACTURING (RESTRICTED) DISTRICT AND C-2 COMMERCIAL DISTRICT, TO M-2 MANUFACTURING (GENERAL) DISTRICT FOR 1695 RIVERROAD, DES PLAINES, IL (CASE NO. 82-10-R). Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 0 -None ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. Alderman Kisslinger's request that a review and up -date of City's Drug Ordinance be done was referred by the Mayor to the City Code & Judiciary Committee. Placed on First Reading was Ordinance M-39-82, AN ORDINANCE AMENDING SECTIONS 1-15-5(A), 1-15-5(B), 1-15-5(D)1., 1-15-5(D)4., 1-15-7(A)1., 1-15-7(A)2.(a), 1-15-7(A)2.(b), 1-15-7(A)3.(a), 1-15-7(A)3.(b), 1-15-7(C), 1-15-8(B), 1-15-10(A)4., AND 1-15-10(A)8. OF THE DES PLAINES CITY CODE, HAVING TO DO WITH THE POSITION CLASSIFICATION AND COMPENSATION PLAN. Moved by Kehe, seconded by Kolinski, to waive First Reading and place on passage Ordinance T-3-82. Motion declared carried. Moved by Kehe, seconded by Kolinski, to adopt Ordinance T-3-82, AN ORDINANCE REGULATING PARKING ON DES PLAINES RIVER ROAD, WITHIN THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 0 -None ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. Moved by Kolinski, seconded by Kehe, to waive First Reading and place on passage Ordinance T-4-82. Motion declared carried. Moved by Erbach, seconded Kisslinger, to adopt Ordinance T-4-82, AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE WATER INTO DES PLAINES RIVER ROAD STORM SEWERS AND/OR INTO ANY STORM SEWERS WITHIN THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 0 -None ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. Moved by Kehe, seconded by Kolinski, to waive First Reading and place on passage Ordinance T-5-82. Motion declared carried. Moved by Kehe, seconded by Kolinski, to adopt Ordinance T-5-82, AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT-OF-WAY IN THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 0 -None ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. RESOLUTION R-16-82 COOK COUNTY TAX LEVY: RESOLUTION R-14-82 PROTESTING VARIATION FOR OUTDOOR ADV. SIGN: ZONING CASE 82-18-V 1011 TOUHY AVENUE: COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: REQUEST FOR RECOMMENDA- TION: APPOINTMENTS, CLEAN COMMUNITY COMMISSION: 257. 5/17/82 PAGE SEVEN Moved by Prellberg, seconded by Tomaszewski, to adopt Resolution R-16-82, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES PERTAINING TO LOSS IN COLLECTION RELATIVE TO ANNUAL TAX LEVY. Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 0 -None ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. Moved by Tomaszewski, seconded by Erbach, to adopt Resolution R-14-82, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES PROTESTING VARIATION OF COOK COUNTY ZONING ORDINANCE, which is in response to Cook County Zoning Docket #3760 re request for free standing outdoor advertising structure in 1-1 Restricted Industrial District. Upon roll call, the vote was: AYES: 13-Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Bonaguidi, Egan NAYS: 0 -None ABSENT: 3-Muehlenbeck, Dwiel and Ward Motion declared carried. Letter from Des Plaines Zoning Board of Appeals re Zoning Case 82-18-V, for property located at 1011 Touhy Avenue.was referred to Municipal Development Committee. Letter from Mayor Seitz regarding Community Development Block Grant Funds was referred to Finance & Insurance Committee. Mayor Seitz again requested recommendations from the Council for a professional engineer to serve on the Electrical Commission. Moved by Tomaszewski, seconded by Chiropolos, to concur with Mayor's appointments to Clean Community Commission with the exception of the temporary withdrawal of one name for a two year term, as follows: ONE YEAR TERM COMMENCING 5/17/82 AND EXPIRING 5/17/83: Alberto Heller Dr. T. T. Wright Dave Soifer Al Tahieri Joe Cogley Jack Heddens, Jr. John Carli Cal Bonniver Kristen Dalstrom TWO YEAR TERM COMMENCING 5/17/82 AND EXPIRING 5/17/84: Ed Bock Cornelia Grunst Bud Semrow Robert Fabian Peggy Eiden James Colburn Lorraine Aslan Robert Dierks Motion declared carried. 1 1 1 258. 5/17/82 PAGE EIGHT CONSOLIDATION Alderman Chiropolos requested that a task force be formed OF COUNCIL from Council members, approximately five, to review the COMMITTEES: possibility of consolidating some Council committees. BOULDER Alderman Kisslinger requested that the City Attorney DECISION RE prepare a review of the Boulder decision and submit to CABLE TV: Council. STORAGE OF Alderman Kehe's request that a study be done of cars CARS ON being stored on streets and private property was STREETS & referred to the Streets & Traffic Committee. PRIVATE PROPERTY: PERRY ST.: Alderman Kolinski's request that a study be done on returning Perry Street to two-way traffic was referred to the Engineering Department who will then submit their findings to the Streets & Traffic Committee for their review. ADJOURNMENT: Moved by Erbach, seconded by Tomaszewski, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:40 P.M. APPROVED BY ME THIS DAY OF , 1982 John E. Seitz„ Mayor