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04/18/1983368. 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, APRIL 18, 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, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, Egan Also present were: City Comptroller Blietz, Commissioner of Public Works Matula, Fire Chief Gedroic, Police Captain Clark, Acting City Engineer Crowley, Acting Health Director McIntosh, Municipal Development Department Director Richardson, and City Attorney Smith. PRAYER AND PLEDGE: MINUTES: The opening prayer was given by Father Paul Rosemeyer, St.Mary's Church, followed by Pledge of Allegiance to the Flag. Moved by Erbach, seconded by Dini, to approve Minutes of the regular meeting of the City Council held April 4, 1983, as published. Motion declared carried. BILLS PAYABLE: Moved by Ward, seconded by Prellberg, 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: $305,665.22. Upon roll call, the vote was: AYES: 14-Muehlenbeck, Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, Egan NAYS: 0 -None ABSENT: 0 -None ABSTAIN:1-Dwiel (conflict of interest -check to him on register of bills) Motion declared carried. ZONING CASE Moved by Erbach, seconded by Kisslinger, to adopt the 83 -7 -SU, recommendation of the Municipal Development Committee 444 RIVER RD.: to concur with Des Plaines Plan Commission and Zoning Board of Appeals in Zoning Case 83 -7 -SU, to permit construction of McDonald's Restaurant with drive-thru facility and McDonaldland Park in C-2 Commercial District at 444 River Road, and City Attorney to draft necessary ordinance. Motion declared carried. LIQUOR Moved by Kehe, seconded by Dwiel, to adopt the Majority LICENSE, Report of the License & Inspection Committee to deny a OAKTON & LEE Class B liquor license to Dominick's Finer Foods, Oakton STREETS: and Lee Streets. Moved by Kisslinger, seconded by Egan to substitute the Minority Report of the License & Inspection Committee to grant a Class B liquor license to Dominick's Finer Foods, Oakton and Lee Streets. Upon roll call on motion to substitute Minority Report for the Majority Report, the vote was: AYES: 13-Muehlenbeck, Kolinski, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, Egan NAYS: 2-Dwiel, Kehe ABSENT: 0 -None Motion declared carried. Moved by Kisslinger, seconded by Tomaszewski, to adopt Minority Report. Moved by Prellberg, seconded by Dwiel, to defer action on this matter. BANNER ON BEHREL DECK, MAINE WEST MUSIC BOOSTERS: FENCE VARIATION, 1564 C WOODLAND AVE.: FENCE VARIATION, 1634 STOCKTON AVENUE: ORDINANCE B-1-83 HARD SURFACING OF PARKING LOTS: ORDINANCE M-15-83 TIME LIMIT FOR SOLICITING: "NO SOLICITORS INVITED" STICKERS: ORDINANCE M-16-83 MEMBERSHIP OF YOUTH GUIDANCE COMMISSION: 369. 4/18/83 PAGE TWO Moved by Martin, seconded by Tomaszewski, to adopt the recommendation of the Building Control & Inspection Committee to grant permission to Maine West Music Boosters Club to install a temporary banner on the Behrel Parking Deck beginning immediately until May 8, 1983, and no Public Works employees to be involved with its erection or removal. Motion declared carried. Moved by Martin, seconded by Erbach, to adopt the recommendation of the Building Control & Inspection Committee to grant variation to allow a 7'4" high fence be installed at 1564 C Woodland Avenue (C.A. Ledicker) under the condition that no part of the guard rail protrude beyond the.property'line. Motion declared carried. Moved by Martin, seconded by Tomaszewski, to adopt the recommendation of the Building Control & Inspection Committee to grant variation to allow an eight foot high chain link fence at 1634 Stockton Avenue (Doris Birkland). Motion declared carried. Moved by Martin, seconded by Erbach, to adopt Ordinance B-1-83, AN ORDINANCE AMENDING SECTION 36.13-1(a) OF THE BUILDING CODE AND ORDINANCE OF THE CITY OF DES PLAINES, BY ADDING THERETO ADDITIONAL WORDAGE PERTAINING TO HARD SURFACING AND DRAINING OF PARKING LOTS. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, Egan NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Adams, seconded by Erbach, to adopt Ordinance M-15-83, AN ORDINANCE AMENDING SECTION 5-46-9 OF THE DES PLAINES CITY CODE HAVING TO DO WITH THE TIME LIMIT FOR SOLICITING. Upon roll call, the vote was: AYES: 14-Muehlenbeck, Kolinski, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos,:Ward,-Egan NAYS: 1-Dwiel ABSENT: 0 -None Motion declared carried. At the request of Alderman Egan,'Mayor Seitz referred the matter of sending "No Solicitors Invited" stickers to residents along with their vehicle sticker application to the City Code & Judiciary Committee. Moved by Muehlenbeck, seconded by. Egan, to adopt Ordinance M-16-83, AN ORDINANCE AMENDING SECTION 2-6-2 OF THE DES PLAINES CITY CODE, THEREBY INCREASING THE MEMBERSHIP OF THE YOUTH GUIDANCE COMMISSION TO 9 MEMBERS. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, Egan NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ORDINANCE M-17-83 PUBLIC AUCTION OF CITY PROPERTY: ORDINANCE T-4-83 PARKING ON FARGO AVENUE: ORDINANCE Z-5-83 LANDSCAPING VARIATION, 379 N. RIVER: ORDINANCE Z-6-83 R-2 TO M-2, 2000 NUCLEAR: ORDINANCE M-18-83 COST-SHARING TREE REPLACEMENT: ORDINANCE M-19-83 COMMITTEE ON COMMITTEES, REMOVING WORD "SECRET:" CONFIRMATION OF VOTE ON COMMITTEE ON COMMITTEES: 370. .4/18/83 PAGE THREE Moved by Tomaszewski, seconded by Erbach, to adopt Ordinance M-17-83, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES, ILLINOIS. After some discussion, moved by Erbach, seconded by Kolinski, to table this matter for two weeks. Motion declared carried. Moved by Erbach, seconded by Tomaszewski, to adopt Ordinance T-4-83, AN ORDINANCE AMENDING SECTION 10-5-17(P) OF THE DES PLAINES CITY CODE, PERTAINING TO REGULATED PARKING, THEREBY DELETING "NORTH SIDE OF FARGO FROM CHESTNUT STREET TO LEE STREET" FROM SAID SECTION. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, Egan NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Tomaszewski, seconded by Muehlenbeck, to adopt Ordinance Z-5-83, AN ORDINANCE GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS. CASE NO. 83-4-V (379 N. River Road) Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, Egan NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Erbach, seconded by Tomaszewski, to adopt Ordinance Z-6-83, AN ORDINANCE GRANTING A REZONING FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO M-2 GENERAL MANUFACTURING DISTRICT COMMONLY KNOWN AS 2000 NUCLEAR DRIVE. (Case No. 83-3-R) Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, --Egan NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Placed on First Reading was Ordinance M-18-83, AN ORDINANCE AMENDING CHAPTER 7 OF TITLE IX OF THE DES PLAINES CITY CODE BY ADDING THERETO A NEW SUB -SECTION 9-7-7 HAVING TO DO WITH THE 50/50 COST-SHARING PARKWAY TREE REPLACEMENT PROGRAM. Moved by Martin, seconded by Dini, to waive First Reading and place on passage Ordinance M-19-83. Motion declared carried'. Moved by Dini, seconded by Muehlenbeck, to adopt Ordinance M-19-83, AN ORDINANCE AMENDING SECTION 1-6-4 OF THE DES PLAINES CITY CODE, PERTAINING TO THE CITY COUNCIL COMMITTEES. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, Egan NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Erbach, seconded by Ward, to confirm the vote taken at the April 4, 1983 Council meeting establishing the Committee on Committees. Upon roll call, the vote was: CONFIRMATION OF VOTE (Cont'd.) ORDINANCE M-20-83 IND. DEV. REV. BONDS, BRADLEY PRINTING CO.: ORDINANCE M-21-83 TRANSFER OF FUNDS, MUNICIPAL DEVELOPMENT DEPARTMENT:. RESOLUTION R-8-83 EMPLOYER PAID "PICK-UP" PROGRAM: RESOLUTION R-9-83 "BUSINESS DISTRICT" SIGNS: ZONING CASE 83-9-R, 2150 S. MT. PROSPECT RD.: APPOINTMENTS: 371. 4/18/83 PAGE FOUR AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, Egan NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Placed on First Reading was Ordinance M-20-83, 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 $2,000,000 INDUSTRIAL DEVELOPMENT REVENUE BOND (BRADLEY PRINTING COMPANY PROJECT) AND CONFIRMING THE SALE THEREOF, AND AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT, AN ASSIGNMENT AND SECURITY AGREEMENT AND RELATED DOCUMENTS. Placed on First Reading was Ordinance M-21-83, AN ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS WITHIN THE ANNUAL BUDGET, FROM FUND 0100, DEPARTMENT 183011 "OTHER SERVICES," TO FUND 0100, DEPARTMENT 183011 "SALARY ADJUSTMENT ACCOUNT," TO PROVIDE SUFFICIENT FUNDS TO COVER THE SALARY ADJUSTMENT FOR THE POSITION RECLASSIFICA- TION OF DIRECTOR OF MUNICIPAL DEVELOPMENT. Moved by Tomaszewski,,seconded by Ward, to adopt Resolution R-8-83, A RESOLUTION FOR EMPLOYER PAID EMPLOYEE CONTRIBUTIONS. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, Egan NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Kehe, seconded by Dwiel, to adopt Resolution R-9-83, A RESOLUTION AUTHORIZING THE INSTALLATION OF SEVEN "BUSINESS DISTRICT" SIGNS AT VARIOUS LOCATIONS WITHIN THE DES PLAINES DOWNTOWN AREA. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Daviel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, Egan NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Letter from Des Plaines Zoning'Board of. Appeals re Case • 83-9-R, property located at 2150 S. Mt.Prospect Road, was referred to Municipal Development Committee. Moved by Erbach, seconded by Kisslinger, to concur with Mayor's appointment of Thelma Spain and Violet Zehr to the Cable TV Commission to fill positions vacated, both terms to expire April 30, 1984. Motion declared carried. Moved by Erbach, seconded by Kisslinger, to concur with Mayor's appointment of Pierre M. Mainguene to the Environmental Control Commission to fill vacany created by resignation of Robert Clark, term to expire March 31, 1987. And appointment of Rose Mary Borgardt to the Consumer Protection Committee to complete Elisabeth Hathaway's term of office until April 18, 1985. Motion declared carried. APPOINTMENTS: (Cont'd.) ORDINANCE M-14-83 CONSOLIDATION OF COUNCIL COMMITTEES (Reconsider- ation): 372. 4/18/83 PAGE FIVE Letter from Mayor Seitz regarding the following appointments: BOARD OF FIRE AND POLICE COMMISSIONERS William J. Connolly, Jr. CIVIL SERVICE COMMISSION Walton Newton CONSUMER PROTECTION COMMISSION Frank Svoboda, Jr. Richard Arthur HISTORICAL LANDMARK COMMISSION Ms. R. Anderson HOUSING COMMISSION Tascho Saems LIBRARY BOARD William D. Vedral Robert Jacks POLICE PENSION FUND Donald Cameron TRAFFIC COMMISSION Franz A. Koehler YOUTH COMMISSION Carole Bending Eugene Zuccarini These appointments to come before the City Council at thenext Council meeting on Monday, May 2, 1983. Moved by Erbach, seconded by Tomaszewski, to reconsider Ordinance M-14-83, defeated at April 4, 1983 Council meeting. Upon roll call, the vote was: AYES: 10-Muehlenbeck, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Chiropolos, Ward NAYS: 5-Kolinski, Dwiel, Kehe, Dini, Egan ABSENT: 0 -None Motion declared carried. Moved by Prellberg, seconded by Tomaszewski, to amend Ordinance M-14-83 to delete the word "secret." Upon roll.call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, Egan NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Wetter, seconded by Chiropolos, to further' amend Ordinance M-14-83 to include the wording that each committee will be comprised of a chairman and vice- chairman and that no alderman will serve as chairman or vice-chairman of more than one committee. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Dwiel, Kehe, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Dini, Chiropolos, Ward, Egan NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Erbach, seconded by Chiropolos, to adopt Ordinance M-14-83, AN ORDINANCE AMENDING SECTION 1-6-4 OF THE DES PLAINES CITY CODE, CONSOLIDATING THE CITY COUNCIL COMMITTEES, as amended. ORDINANCE • M-14-83 (Cont'd.) FINE FOR SOLICITATION VIOLATION: LICENSE FOR AMUSEMENT DEVICE, SUPPLIER: CATTLE COMPANY BLACK ANGUS RESTAURANT 850 OAKTON: LIQUOR LICENSE, 1360 LEE ST.: LIQUOR LICENSE, 875 OAKTON: LIQUOR LICENSE, 783 LEE ST.: ADJOURNMENT: 373. 4/18/83 PAGE SIX After some discussion, moved by Chiropolos, seconded by Kisslinger, to call for the question. Motion declared carried. Alderman Egan voted no. Upon roll call on Ordinance M-14-83, as amended, the vote was: AYES: 10-Muehlenbeck, Martin, Wetter, Prellberg, Kisslinger, Adams, Erbach, Tomaszewski, Chiropolos, Ward NAYS: 5-Kolinski, Dwiel, Kehe, Dini, Egan ABSENT: 0 -None Motion declared carried. The Council committees will now be: Finance Municipal Development Building Code Public Safety Engineering Public Works Community Services License & Judicial At the request of Alderman Dwiel, Mayor Seitz referred the matter of changing the fine for soliciation violation to "not less than $500 for the first offense and not less than $1,000 for the second offense" to the City Code & Judiciary Committee. Application from Lacantina Vending Co., 1015 Casa Dr., Schaumburg, 60194, to act as supplier of amusement devices was referred to License & Inspection Committee. Request from Cattle Company/Black Angus Restaurants to remove the office building convenant restriction at 850 Oakton Street was referred to the Municipal Development Committee. Request from Ponderosa, Inc. for a Class H liquor license 1360 Lee Street, was referred to the License & Inspection Committee. Request from the .875 Corporation (Royal Court Inn) for a Class G Banquet Hall license for Stafford Banquet Room was referred to License & Inspection Committee. Request for Class G Banquet Hall liquor license from Casa Royale, 783 Lee Street, was referred to License & Inspection Committee. Moved by Kehe, seconded by Dwiel, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:30 P.M. APPROVED BY ME THIS DAY OF .1,J ./Ag John E. Sei 1983 MAYOR Donna McAllister, CITY CLERK