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12/17/1984240. 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 17, 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 8:15 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, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Zanca. Alderman Ward was absent. Aldermen Ward arrived at 8:45 P.M. Also present were: 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, City Engineer Shrake, City Treasurer Swanson, Administrative Assistant Taylor, and City Attorney Smith. PRAYER AND PLEDGE: The opening prayer was given by Father Thomas Sullivan, St. Emily's Church, followed by the Pledge of Allegiance to the Flag. PRESENTATION: City Clerk McAllister and Ed Keane, Des Plaines Park Board Commissioner, who are co-chairmen of the Des Plaines Sesquicentennial Commission, and Nancy Baggott, Chairman of the Miss Des Plaines Pageant, presented Donna Marie Boscapomi", the 1985 Miss Des Plaines,to the City Council. Jim Williams, Director of the Des Plaines Historical Society presented Miss Boscapomi with a copy of "Des Plaines - Born of the Tallgrass Prairie." PUBLIC A public hearing was held re the Industrial Development HEARINGS: Revenue Bond application for Bit O'Gold Foods Corporation (see attached) . MINUTES: A public hearing was held re the Industrial Development Revenue Bond application for Interstate Steel Company (see attached). A public hearing was held re the Industrial Development Revenue Bond application for Hart Schaffner & Marx Company (see attached). Moved by Zanca, seconded by Bonk, to approve Minutes of the regular meeting of the City Council held December 3, 1984, as published. Motion declared carried. EXECUTIVE Moved by Martin, seconded by Zanca, to go into Executive SESSION: Session to discuss status of negotiations. Motion declared carried. Meeting recessed at 8:29 P.M. Council reconvened at 8:57 P.M. BILLS PAYABLE: Moved by Muehlenbeck, seconded by Volberding, 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: $1,798,533.65. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. �91 REALLOCATION OF JOBS BILL FUNDS: RATIFICATION OF PUBLIC WORKS UNION CONTRACT: ORDINANCE M-24-81 CIVIL DEFENSE WARNING EQUIPMENT MAINTENANCE CONTRACT: 241. 12/17/84 PAGE TWO Moved by Muehlenbeck, seconded by Ward, to adopt the recommendation of the Finance Committee to reallocate $4,981 in Jobs Bill funds from summer employment to the Senior Employment Service. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Muehlenbeck, seconded by Ward, to adopt the recommendation of the Finance Committee to ratify 1984 contract between City and MECCA of Des Plaines, Inc. for Public Works employees and authorize Mayor and City Clerk to execute same with the following provisions: 1. 3 year contract 2. 4% increase for the year 1984 5% increase for the year 1985 5% increase for the year 1986 3. Step adjustment of 175 and 225 accordingly for the years 1985 and 1986 4. 1 personal day after 10 years 1 additional personal day after 13 years: 1 additional personal day after 16 years 5. Minor language adjustment Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Schneck, seconded by Volberding, to suspend the rules to discuss Ordinance M-24-81. Motion declared carried. Moved by Schneck, seconded by Volberding, to rescind Ordinance M-24-81. Upon roll call, the vote was: AYES: 7-Volberding, Schneck, Adams, Hardiman, Gebert, Dini, Muehlenbeck NAYS: 9-Kolinski, Bonk, Martin-, Wetter, Kisslinger, Chiropolos, Addante, Ward, Zanca ABSENT: 0 -None Motion declared lost. At the request of Alderman Martin, Mayor Seitz referred this ordinace to the License & Judicial Committee for review and report. Moved by Dini, seconded by Bonk, that an opinion regarding this ordinance be requested from the State's Attorney and/ or Illinois Attorney General. Motion declared carried. Moved by Dini, seconded by Volberding, to adopt the recommendation of the Public Safety Committee to award the contract for the 1985 Civil Defense Warning Equipment Maintenance to the second lowest bidder Adlite Electric Company, 1224 Rand Road, Des Plaines, in the amount of $24.00 per hour. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. 12/17/84 PAGE THREE 242. CENTRAL & Moved by Adams, seconded by Bonk, to adopt the WOLF ROADS recommendation of the License & Judicial Committee that ZONING the City's Corporation Counsel be authorized to petition LITIGATION: the Illinois Supreme Court for a hearing re litigation re zoning of property at Central and Wolf Roads. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. LIQUOR LICENSE Moved by Adams, seconded by Wetter, to adopt the 945 S. recommendation of the License & Judicial Committee to ELMHURST ROAD: grant Class F Liquor License to Uncle Bob's, Inc., 945 S. Elmhurst Road, upon final approval of Police Department and authorize City Attorney to draft necessary ordinance. Motion declared carried. ART GUILD Moved by Martin, seconded by Chiropolos, to adopt the FAIR: recommendation of the Engineering Committee to grant request from the Des Plaines Art Guild to hold their 32nd Annual Art Fair on Saturday and Sunday, June 29 and 30, 1985 on the north side of Miner Street from the Civic Center to Pearson Street. Motion declared carried. Aldermen Muehlenbeck, Kolinski, Volberding and Bonk voted no. FENCE Moved by Hardiman, seconded by Volberding, to adopt the VARIATION, recommendation of the Building Code Committee to grant 1700 S. WOLF: request for variation to allow a 4' fence around property located at 1700 S. Wolf Road, Household Merchandising, subject to approval by Municipal Development Department Director of landscaping. Motion declared carried. PACE AUCTIONS, Moved by Kisslinger, seconded by Adams, to adopt the 1615 ELLINWOOD: recommendation of the Municipal Development Committee to grant extension of temporary zoning variance to allow auctions to be held at property located at 1615 Ellinwood Street (Pace Auctions), for a period of six (6) months. Motion declared carried. Alderman Kolinski voted no. ZONING CASE Moved by Kisslinger, seconded by Zanca, to adopt the 84-65-R, recommendation of the Municipal Development Committee to 1240 RAND RD.: concur with the Des Plaines Zoning Board of Appeals re Zoning Case 84-65-R to grant request to rezone property located at 1240 Rand Road (First National Bank of Cicero) from M-2 General Manufacturing to M-1 Restricted Manu- facturing, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. ORDINANCE Moved by Muehlenbeck, seconded by Ward, to adopt Ordinance M-56-84, M-56-84, AN ORDINANCE TO ISSUE ECONOMIC DEVELOPMENT IDRB REVENUE BONDS (INTERSTATE STEEL CO. PROJECT). Upon roll INTERSTATE call, the vote was: STEEL: AYES: 15-Muehlenbeck, Kolinski,Volberding, Bonk, Martin, Wetter, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 1-Schneck ABSENT: 0 -None Motion declared carried. ORDINANCE M-57-84 IDRB BIT O'GOLD FOODS CORP.: (Issue Agreement) ORDINANCE M-59-84 IDRB HART SCHAFFNER & MARX: Refunding Bond) ORDINANCE Z-31-84 LEE & OAKTON: (Wendy's) ORDINANCE Z-32-84 769 HOLIDAY LANE: (Frankies II) 243. 12/17/84 PAGE FOUR Moved by Muehlenbeck, seconded by Ward, to adopt Ordinance M-57-84, AN ORDINANCE PROVIDING FOR THE FINANCING BY THE CITY OF DES PLAINES OF A PROJECT; AUTHORIZING THE ISSUANCE OF A $2,500,000 INDUSTRIAL DEVELOPMENT REVENUE BOND, SERIES 1984 (BIT o'GOLD FOODS CORPORATION PROJECT) AND CONFIRMING THE SALE THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, A MORTGAGE AND SECURITY AGREEMENT, AN ASSIGNMENT AND AGREEMENT, A DEPOSITARY AGREEMENT, A BOND PURCHASE AGREEMENT AND RELATED DOCUMENTS, AND RELATED MATTERS. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Bonk, 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 Bonk, to adopt Ordinance M-59-84, AN ORDINANCE PROVIDING FOR THE REFUNDING OF THE $8,000,000 INDUSTRIAL DEVELOPMENT REVENUE BOND (HART SCHAFFNER & MARX PROJECT: 1981) OF THE CITY OF DES PLAINES ILLINOIS ISSUED ON JULY 14, 1981, THE PROCEEDS OF WHICH WERE USED BY SAID CITY TO PROVIDE FOR THE FINANCING OF A PROJECT CONSISTING OF CERTAIN MANUFACTURING FACILITIES IN ORDER THAT HART SCHAFFNER & MARX MIGHT BE PROVIDED WITH FACILITIES TO PROMOTE THE ECONOMIC DEVELOPMENT OF SAID CITY; AUTHORIZING AND PROVIDING FOR THE ISSUANCE BY SAID CITY OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS (HART SCHAFFNER & MARX PROJECT) SERIES 1984 WHICH WILL BE PAYABLE SOLELY FROM THE REVENUES AND RECEIPTS FROM A LOAN AGREE- MENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN SAID CITY AND HART SCHAFFNER & MARX PROVIDING FOR THE REPAYMENT OF SUCH BONDS; AUTHORIZING THE EXECUTION. AND DELIVERY OF AN INDENTURE OF TRUST BETWEEN SAID CITY AND THE TRUSTEE NAMED THEREIN PROVIDING FOR THE PAYMENT OF SAID BONDS; CONFIRMING SALE OF SAID BONDS TO THE PURCHASER THEREOF; AND RELATED MATTERS. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Bonk, 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 Zanca, to adopt Ordinance Z-31-84, AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW A CLASS B RESTAURANT IN C-3 COMMERCIAL DISTRICT AND A VARIATION TO SECTION 4.3.5 OF THE ZONING ORDINANCE, TO PERMIT MINIMUM AND MAXIMUM YARD REQUIREMENTS TO BE NO LESS OR GREATER THAN 25 'FEET IN C-3 COMMERCIAL DISTRICT, AT THE NORTHEAST CORNER OF LEE AND OAKTON STREETS. CASE NO. 84 -61 -SU -V. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Bonk, Martin, Wetter, Schneck, Kislsinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Kisslinger, seconded by Zanca, to adopt Ordinance Z-32-84, AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW THE CONSTRUCTION OF AN ADDITION TO AN EXISTING RESTAURANT IN C-2 COMMERCIAL DISTRICT AND A VARIATION TO SECTIONS 4.1.5.2 AND 4.2.2.18.2 OF THE ZONING ORDINANCE, TO DISREGARD THE REQUIRED 5 FOOT SIDE YARD SETBACK AND WAIVE THE TRAFFICE STUDY REQUIREMENT IN C-2 COMMERCIAL DISTRICT, AT 769 HOLIDAY LANE. (CASE NO. 84 -50 -SU -V). Upon roll call, the vote was: AYES: 12-Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Hardiman, Dini, Chiropolos, Addante, Ward, Zanca Vt ORDINANCE Z-32-84 (coned.) ORDINANCE M-58-84 IDRB INTERSTATE STEEL: (Issue Agreement) ORDINANCE M-60-84 INAUGURATION DATE OF NEWLY ELECTED OFFICIALS: ORDINANCE M-61-84 HOLY FAMILY HOSPITAL SUPPLEMENTAL ORDINANCE: RESOLUTION R-36-84 PRAIRIE AVENUE A FAU ROUTE: 244. 12/17/84 PAGE FIVE NAYS: 4-Muehlenbeck, Kolinski, Adams, Gebert ABSENT: 0 -None Motion declared carried. Moved by Volberding, seconded by Wetter, to waive First Reading and place on passage Ordinance M-58-84. Motion declared carried. Alderman Schneck voted no. Moved by Volberding, seconded by Bonk, to adopt Ordinance M-58-84, AN ORDINANCE PROVIDING FOR THE FINANCING BY THE CITY OF DES PLAINES, ILLINOIS, OF A PROJECT CONSISTING OF CONSTRUCTION OF AN ADDITION TO AN EXISTING INDUSTRIAL FACILITY AND THE ACQUISITION AND INSTALLATION OF EQUIPMENT THEREIN IN ORDER THAT INTERSTATE STEEL COMPANY MAY BE PROVIDED WITH FACILITIES TO RELIEVE CONDITIONS OF UNEMPLOY- MENT AND ENCOURAGE THE INCREASE OF COMMERCE: AUTHORIZING AND PROVIDING FOR THE ISSUANCE BY SAID CITY OF DES PLAINES, ILLINOIS OF ITS ECONOMIC DEVELOPMENT REVENUE BOND (INTER- STATE STEEL COMPANY PROJECT) WHICH WILL BE PAYABLE SOLELY FROM THE RECEIPTS FROM A LOAN AGREEMENT: AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY OF DES PLAINES, ILLINOIS AND INTERSTATE STEEL COMPANY, PROVIDING FOR THE FINANCING OF SAID PROJECT: AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND AGREEMENT AS SECURITY FOR THE PAYMENT OF SAID BOND CONFIRMING SALE OF SAID BOND TO THE PURCHASER THEREOF; AND RELATED MATTERS. Upon roll call, the vote was: AYES: 15-Muehlenbeck, Kolinski, Volberding, Bonk, Martin, Wetter, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 1-Schneck ABSENT: 0 -None Motion declared carried. Placed on First Reading was Ordinance M-60-84, AN ORDINANCE DELETING SECTION 1-7-1(B) OF THE DES PLAINES CITY CODE, PERTAINIGN TO THE INAUGURATION DATE OF NEWLY ELECTED OFFICIALS, IN ITS ENTIRETY AND AMENDING SECTION 1-7-1 ACCORDINGLY. Moved by Kolinski, seconded by Wetter to waive First Reading and place on passage Ordinance M-61-84. Motion declared carried. Moved by Kolinski, seconded by Addante, to adopt Ordinance M-61-84, AN ORDINANCE APPROVING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL TRUST INDENTURE, DATED AS OF NOVEMBER 1, 1984, BETWEEN THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, AND THE LaSALLE NATIONAL BANK, CHICAGO, ILLINOIS, AS TRUSTEE. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Volberding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Martin, seconded by Muehlenbeck, to adopt Resolution R-36-84, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, PETITIONING THE NORTHWEST MUNICIPAL CONFERENCE AND THE STATE OF ILLINOIS DEPARTMENT OF TRANS- PORTATION TO MAKE PRAIRIE AVENUE FROM GRACELAND TO RIVER ROAD PART OF THE FEDERAL AID URBAN (FAU) SYSTEM. Upon roll call, the vote was: AYES: 16-Muehlenbeck, Kolinski, Voblerding, Bonk, Martin, Wetter, Schneck, Kisslinger, Adams, Hardiman, Gebert, Dini, Chiropolos, Addante, Ward, Zanca NAYS: 0 -None ABSENT: 0 -None Motion declared carried. 1 245. 12/17/84 PAGE SIX ZONING CASE Letters from Des Plaines Plan Commission and Zoning Board 84 -67 -SU -R, of Appeels re Case 84 -67 -SU -R, 957-959-967-989 Oakton 957-959-967- Street (Kentucky Fried Chicken) was referred to the 989 OAKTON: Municipal Development Committee. ZONING CASE Letter from Des Plaines Zoning Board of Appeals re Case 84-66-V, 84-66-V, 805 Tures Lane (Bill O'Toole) was referred to 805 TURES the Municipal Development Committee. LANE: ALTERNATE At the request of Alderman Dini, Mayor Seitz referred the STREET matter of alternate street parking to the Engineering PARKING: Committee for review and report. ADJOURNMENT: Moved by Volberding, seconded by Bonk, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:20 P.M. APPROVED BY ME THIS sR Donna McA lister, CITY CLERK