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09/06/19771 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, HELD IN THE COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, Tuesday, September 6, 1977 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines was called to order by Mayor Herbert H. Volberding at 8:06 P.M. in the Council Chambers, Des Plaines Civic Center. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward. Absent was Alderman Kisslinger. Also present were: City Comptroller Blietz, Commissioner of Public Works Schwal City Engineer Bowen, Director of Zoning and Planning Richardson, Building Inspector McKoveck, Fire Chief Corey, Police Chief Hintz, Health Director Branding, Environmental Officer Lindahl, and City Attorney Hug. PRAYER AND The meeting opened with The Lord's Prayer, followed by the PLEDGE Pledge of Allegiance to the flag. MINUTES: Moved by Kehe, seconded by Kraves, to approve the Minutes of the regular meeting held August 15, 1977. Motion declared carried. BILLS Moved by Ward, seconded by Seitz, to adopt the following PAYABLE 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, $418,474.63. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kisslinger Motion declared carried. IMRF Moved by Ward, seconded by Seitz, to adopt the recommendation Resolution of Finance and Insurance Committee to adopt a resolution M. Eugenis permitting Mrs. Maria Eugenis to remit to the Illinois Municipal Retirement Fund funds for previous years of employment and providing for the City's contribution of $558.48. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kisslinger Motion declared carried. ORDINANCE Moved by Abrams, seconded by Ward, to adopt the recommendation M-30-77 of Finance and Insurance Committee, to waive City Council Tax Levy agenda rules placing Ordinance M-30-77, AN. ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1977, AND ENDING DECEMBER 31, 1977, before the City Council and further moving to adopt Ordinance M-30-77. Moved by Abrams, seconded by Sarlo, to amend Ordinance M-30-77 reducing the tax levy to $5,052,624.00 (which represents 7% of last year's levy increase). Motion to amend declared carried. Upon roll call on the motion to adopt Ordinance M-30-77, as amended, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kisslinger . Motion declared carried. 1 LIABILITY CLAIM Murray UNION CONTRACT NEGOTIATIONS QUESTIONING OF DEPT. HEADS AGENDA PRESSURE SENSITIVE LICENSE DECALS METALLIC PLATES AND TAGS IZONING TEXT AMENDMENT Dancing Schools ZONING CASE 77-36-A Text Amend Posting sign Page Two 9/6/77 202 Moved by Abrams, seconded by Sarlo, to adopt the recommendation of City Code and Judiciary Committee to approve the settlement of a Liability Claim of Mr. Martin T. Murray in the amount of $742.86, and authorize City Comptroller to issue check immediately. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kisslinger Motion declared carried. Moved by Abrams, seconded by Meyer, to adopt the recommendation of City Code and Judiciary Committee that Corporation Counsel Robert J. DiLeonardi be retained and Hugh Holmes and Associates be hired at $50 per hour, not to exceed a $400 per day maximum to represent the City in collective bargaining the contract between the Clerical/Technical Union and the City of Des Plaines. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kisslinger Motion declared carried. Moved by Abrams, seconded by Meyer, to adopt the recommendation of City Code and Judiciary Committee that the City Council agenda procedure not be altered to eliminate the item of Questioning of Department Heads. Upon roll call, the vote was: AYES: - 8 - Koplos, Szabo, Leer, Sarlo, Meyer, Seitz, Abrams, Ward. NAYS: 8 - Sullivan, Kehe, Ensign, Brannigan, Birchfield, Erbach, Kraves, Mayor Volberding ABSENT: 1 - Kisslinger Motion declared lost as tho no action taken. Moved by Koplos, seconded by Leer, to adopt the recommendation of License and Inspection Committee to award the bid for Pressure Sensitive License Decals to the low bidder, Rydin Sign Company, in the amount of $1,977.00. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kisslinger Motion declared carried. Moved by Koplos, seconded by Leer, to adopt the recommendation of License and Inspection Committee to award the bid for Metallic Plates and Tags to the low bidder, Rydin Sign Company, in the amount of $455.00. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT:; 1 - Kisslinger Motion declared carried. Moved by Szabo, seconded by Erbach, to adopt the recommendation of Municipal Development Committee to petition Zoning Board of Appeals to include as permitted use in the C-1 Commercial District, dancing schools for children. Motion declared carried Moved by Szabo, seconded by Erbach, to adopt the recommendation of Municipal Development Committee to concur in Zoning Case 77-36-A., Text Amendment requiring posting sign on property previous to public hearing. Moved by Koplos, seconded by Sarlo, to amend the motion that signs be posted not less than 15 days previous to Public Hearing nore more than 30 days, and making it mandatory that the date of the Zoning Hearing be posted on said signs. Motion to amend declared carried. Motion as amended declared carried. ZONING CASE 77-32-R 1199 S. Elmhurst RODGER'S SUBDIVISION 2209 Elmira ZONING CASE 77-35-V 1530 S.Wolf ZONING CASE 77-33-R 2860 Des Plaines NAT'L ENDOWMENT FOR THE ARTS APPLICATION GOALS AND POLICIES LAND USE PLANNING ICASE 1-77 Flood Plain SUGGESTION AWARD PROGRAM PARKING LOT IMPROVEMENTS 1977 Contract #2 Terrsal Park 9/6/77 203 Page Three Moved by Szabo, seconded by Ensign, to adopt the recommendation of Municipal Development Committee to concur with Zoning Board of Appeals in Case 77-32-R, 1199 S. Elmhurst Road, and authorize City Attorney to draft necessary ordinance. Motion declared carried. Moved by Szabo, seconded by Birchfield, to adopt the recommenda- tion of Municipal Development Committee to concur with Plan Commission to approve Plat of Rodger's Subdivision, 2209 Elmira Avenue, and authorize execution thereof. Motion declared carried. Moved by Szabo, seconded by Meyer, to adopt the recommendation of Municipal Development Committee to deny petition for variation, Zoning Case 77-35-V, located at 1530 S. Wolf Road. Motion declared carried. Moved by Szabo, seconded by Erbach, to adopt the recommendation of Municipal Development Committee to concur with Zoning Board of Appeals in Case 77-33-R, 2860 Des Plaines Avenue, and authorize City Attorney to draft necessary ordinance. Motion declared carried. Moved by Szabo, seconded by Meyer, to adopt the recommendation of Municipal Development Committee to authorize that application be made to the National Endowment for the Arts, in the amount of $10,000 for design work for one phase of the Des Plaines proposed parking district - Miner Street -Park Place lot improvement. Motion declared carried. Moved by Szabo, seconded by Meyer, to adopt the Goals and Policies to accompany the Proposed Land Use Plan, as prepared by Department of Planning and Zoning. Motion declared carried. Moved by Szabo, seconded by Meyer, to adopt the recommendation of the Municipal Development Committee to concur with Plan Commission in Case 1-77, Variation to the Flood Plain Ordinance, properties located at 1825 Algonquin Rd., and 1884 River Road, and 1881 and 1864 Cedar Court. Motion declared carried. Moved by Erbach, seconded by Brannigan, to adopt the recommenda- tion of the Special Employee Relations Committee that the City Council adopt a Suggestion Award Program for employees along the guidelines as submitted by Personnel Officer and revised by Committee. Upon roll call, the vote was: AYES: - 13 - Koplos, Sullivan, Kehe, Ensign, Leer, Brannigan Erbach, Kraves, Seitz, Abrams, Ward, Mayor Volberding NAYS: 3 - Szabo, Sarlo, Meyer ABSENT: 1 - Kisslinger Motion declared carried. Moved by Erbach, seconded by Birchfield, to adopt the recom- mendation of Building, Grounds and Parking Lots Committee to award the contract for Parking Lot Improvements 1977 - Contract #2, Terrsal Park, to the low bidder, Johnson Paving Co., in the amount of $34,151.25, and return all checks or bonds of unsuccessful bidders. Moved by Abrams, seconded by Koplos, to amend the motion that no funds be paid to the contractor and that the project not commence until 80% of the property owners affected execute a promisory note in favor of the City in the amount of the indebtedness plus 6% interest on the unpaid balance. Upon roll call on the amendment, the vote was: AYES: - 9 - Koplos, Szabo, Leer, Brannigan, Sarlo, Meyer, Seitz, Abrams, Ward. NAYS: 7 - Sullivan, Kehe, Ensign, Birchfield, Erbach, Kraves, Mayor Volberding ABSENT 1 - Kisslinger Motion declared carried. Moved by Koplos, seconded by Szabo, to defer action. TERRSAL PARK IMP. Continued JT. AGREEMENT Rand Rd., Central Mt. Prospect PARKING Cumberland Pkwy. PARKING Lyman St. CLEARBROOK CENTER TREES BUDGET SQUAD CARS PARKING LOT #2 Conflict of interest 9/6/77 204. .3 Page Four Moved by Koplos, seconded by Abrams, that Section 9-17-7 of the City Code be amended to read 9% annually, and the matter be referred to the City Code and Judiciary Committee. Upon roll call, the vote was: AYES: - Koplos, Szabo, Leer, Sarlo, Seitz, Abrams, Ward NAYS: - 8 - Sullivan, Kehe, Ensign, Brannigan, Birchfield, Erbach, Kraves, Meyer ABSENT: 1 - Kisslinger Motion to refer to committee declared lost. Moved by Koplos, seconded by Szabo, to amend Section 9-17-7 of the City Code to substitute the figure of 9% for 6%. Upon roll call, the vote was: AYES: - 5 - Koplos, Szabo, Leer, Abrams, Ward NAYS: 10 - Sullivan, Kehe, Ensign, Brannigan, Birchfield, Erbact Kraves, Sarlo, Meyer, Seitz ABSENT: 1 - Kisslinger Motion declared lost. Moved by Sarlo, seconded by Meyer, to authorize Mayor and City Clerk to sign the Joint Agreement with Village of Mt. Prospect State of Illinois, and City of Des Plaines for the FAUS Project at Rand Road, Central Road and Mt. Prospect Road. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding. NAYS: 0 - None ABSENT: 1 - Kisslinger Motion declared carried. Moved by Sarlo, seconded by Meyer, to adopt the recommendation of Streets and Traffic Committee to provide for alternate parking on Cumberland Parkway between Golf and Warrington Roads, City Attorney to draft necessary ordinance. Motion declared carried. Moved by Sarlo, seconded by Meyer, to adopt the recommendation of Streets and Traffic Committee to provide for No Parking on the West Side of Lyman Street from Dempster Street to immediately before Prairie Avenue. Motion declared carried. Alderman Meyer, Chairman of Health and Welfare Committee reported that said Committee met with Clearbrook Center pertaining to their request for funds, and since it has been a general city policy not to grant funds to other agencies, the Committee recommends the matter be a subject for review at budget hearings and further that the Personnel Director be directed to advise Clearbrook Center of job openings which would provide for opportunities for the handicapped, most particularly under the CETA programs. Moved by Birchfield, seconded by Meyer, to adopt the recommenda- tion of the Beautification and Forestry Committee to authorize advertising for bids for trees returnable September 30, 1977. Motion declared carried. Alderman Ward, Chairman of the Finance and Insurance Committee requested that the Mayor and Administration should begin developing a proposed budget for review by the Finance Committee and the City Council as soon as possible, as the levy reduction of $273,000 this evening will require this early review so that the City may continue to maintain a balanced budget. Moved by Kehe, seconded by Sarlo, to adopt the of Police Committee to advertise for bids for returnable September 22, 1977, to be paid from Funds. Motion declared carried. recommendation 8 squad cars, Revenue Sharing Alderman Sarlo's request for a study of the possible conflict of interest of Mayor Volberding in Parking Lot #2, as appearing in the newspapers was referred to City Code and Judiciary Committee. _ /J RIVER OAKS Condominiums BUDGET 1 ORDINANCE T-14-77 Plainfield & Everett. 1 ORDINANCE T-15-77 Parking Fifth Ave. ORDINANCE T-16-77 Wicke & White RESOLUTION R-19-77 Easement Storm Sewer RESOLUTION R-20-77 Sister M Amata RESOLUTION R-21-77 Flood Plain Variances 1 ZONING CASES DAVID F. CAHILL's ADDITION 2245 Elmira 9/6/77 205 Page Five Alderman Sullivan's request for a complete investigation of Building Code violations complaints by owners of the River Oaks Condominiums was referred to Building Control and Inspection Committee. Alderman Leer requested that the following items be included in next year's budget: Land Acquisition for extension of Prairie Avenue, land acquisition of Park District Building for downtown parking lot, and land acquisition for the improvement of "S" Curve on Northwest Highway. Placed on First Reading was Ordinance T-14-77, AN ORDINANCE AMENDING SECTION 10-7-3 OF THE CITY CODE HAVING TO DO WITH STOP STREETS BY ADDING THERETO THE INTERSECTION OF EVERETT AVENUE AND PLAINFIELD DRIVE AS STOP STREETS. Moved by Meyer, seconded by, Seitz, to waive First Reading and place on passage Ordinance T-15-77, AN ORDINANCE AMENDING SECTION 10-5-4 OF THE CITY CODE BY PROHIBITING PARKING ALONG BOTH SIDES OF FIFTH AVENUE FROM RAND ROAD TO WAIKIKI DRIVE. Motion declared carried. Moved by Meyer, seconded by Seitz, to adopt Ordinance T-15-77. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding. NAYS: 0 - None ABSENT: 1 - Kisslinger Motion declared carried. Moved by Sullivan, seconded by Sarlo, to waive First Reading and place on passage Ordinance T-16-77, AN ORDINANC3 PFENDING SECTION 10-7-3 OF THE CITY CODE CONCERNING TWO-WAY STOP STREETS BY ADDING THERETO THE INTERSECTION OF WICKE AVENUE AND WHITE STREET AND AMENDING SECTION 10-7-4 HAVING TO. DO WITH YIELDING RIGHT-OF-WAY BY DELETING THE SAME INTERSECTION. Motion declared carried. Moved by Sullivan, seconded by Sarlo to adopt Ordinance T-16-77. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding. NAYS: 0 - None ABSENT: 1 - Kisslinger Motion declared carried. Moved by Koplos, seconded by Sarlo, to adopt Resolution R-19-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING SIGNATURE OF INDENTURE WITH COMMONWEALTH EDISON COMPANY CONCERNING STORM SEWER EASEMENT. Motion declared carried. Moved by Koplos, seconded by Szabo, to adopt Resolution R-20-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, Honoring Sister M. Amata, Rree4dent of—Ido-lam Fpm -icy -Hospital who is r-Qung Motion declare carried. /e4ViNy , �Z/ /:-/49/721)/'psp,7"/9-Z -70 /%ssvmE ,a Moved by Szabo, seconded by Branni d$i', €o adoptVesol'utio 4"1-::_ R-21-77, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES __.. PLAINES HAVING TO DO WITH FLOOD PLAIN VARIANCES, located at 1825 Algonquin Rd., 1884 River Road, and 1881 and 1864 Cedar Court. Motion declared carried. Letters from Des Plaines Zoning Board of Appeals re the follow- ing cases were referred to Municipal Development Committee: 77 -31 -SU - 2579 Ballard Rd. 77-41-R - 1413 Redeker Rd. 77-37-R - 791 Graceland Plat of David F. Cahill's Addition, located at 2245 Elmira Avenue, approved by the Plan Commission was referred to the Municipal Development Committee. 0)/ 1 1 9/6/77 206 Page Six LEE -FOREST Letter from Robert Bade regarding Subdivision Bond for SUBDIVISION Lee -Forest Subdivision was referred to City Engineer for reply. COOK CO. ZONING DOCKETS 3017-3018 BIDS PETITIONS Height of Antennae DEDICATION Westfield Ln. LIQUOR LIC. 40 E. NW Hwy. ORDINANCE AMENDMENT Water Tap SCHOOL CHILDREN CARE Moved by Koplos, seconded by Szabo, that the City object to Cook Co. Zoning Dockets 3017 and 3018. Motion declared carried. Clerk notified City Council that bids for the Fire Rescue Truck would be received on September 21, at 3 P.M. The petitions received requesting ordinance amendment to allow F.C.C. maximum class C & D radio antenna height limits to 60 feet were referred to Building Control and Inspection Committee. Plat of Dedication of 33' x 100' strip of West field Lane was referred to the Plan Commission. Liquor License application of new owners of Howard -Stevens Liquors at 40 East Northwest Highway was referred to License and Inspection Committee. Commissioner of Public Works request for ordinance amendment regarding water tap was referred to Water and Sewer Committee. Letter from Alderman Kehe pertaining to a request to provide a place for younger school children from school dismissal time to 5 or 5:30 P.M. was referred to Health and Welfare Committee. SEPTIC TANK Letter from M. Richardson re approval of installation of & FIELD septic tank and septic field on Crabtree Lane was referred Crabtree Ln. Water_and Sewer Committee. HOUSING REHABILITATION STUDY CETA Title VI The Housing Rehabilitation Study with recommendations as prepared by Department of Zoning and Planning was referred to Health and Welfare and Building Control and Inspection Committee. to Moved by Szabo, seconded by Erbach, that the City participate in the Comprehensive Employment and Training Act, Title VI. Motion declared carried. APPOINTMENTS: Moved by Meyer, seconded by Seitz, to concur with Mayor Volberding's appointment of Mr. Herman Kerst, 310 Woodbridge Avenue, to the Environmental Control Commission, term to expire March 31, 1981. Motion declared carried. QUESTIONING OF DEPT. HEADS Moved by Seitz, seconded by Meyer, to concur with Mayor Volberding's appointment of Mr. Robert G. Ayres, Jr., 230 Amherst Road to the Senior Advisory Council, term to expire January 3, 1979, to fill vacancy created by resignation of Rev. Ernest Grant. Motion declared carried. Moved by Sullivan, seconded by Kehe, that the item of Questioning of Department Heads be deleted from the City Council agenda. Moved by Sullivan, seconded by Kehe, to table the motion. Upon roll call on the motion to table, the vote was: AYES: - 7 - Sullivan, Kehe, Ensign, Brannigan, Birchfield, Erbach, Kraves NAYS: 8 - Koplos, Szabo, Leer, Sarlo, Meyer, Seitz, Ward ABSENT: 1 - Kisslinger Motion to table declared lost. Upon roll call on original motion, the vote was: AYES: - 7 - Sullivan, Kehe, Ensign, Brannigan, Birchfield, Erbach, Kraves NAYS: 8 - Koplos, Szabo, Leer, Sarlo, Meyer, Seitz, Ward Abrams, ABSENT: 1 - Kisslinger Motion declared lost. Abrams, sv� 9/6/77 207 Page Seven SPECIAL Moved by Ensign, seconded by Brannigan, that the Special EMPLOYEE Employee Relations Committee be extended for a three month RELATIONS period. Motion declared carried. Alderman Szabo voted No. COMMITTEE ANTENNA Moved by Ensign, seconded by Brannigan, to declare a moratorium Moratorium on the erection of any new antennas, or any alterations on any existing antennas, or enforcement of any complaints received following August 21, 1977, in the R-1, R-2, and R-3 areas. Upon roll call, the vote was: AYES: - 4 - Ensign, Brannigan, Birchfield, Ward NAYS: 11 - Koplos, Szabo, Sullivan, Kehe, Leer, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams ABSENT: 1 - Kisslinger Motion declared lost. PARKING Ardmore Alderman Meyer's request for No Parking in the 200 block of Ardmore between the hours of 8 a.m. to 10 a.m., except Saturday, Sundays and holidays was referred to Streets and Traffic Committee. SIDEWALK %ASSESSMENTS Request for review of interest rates charged for installation Review of sidewalks by Special Tax method was referred to the Finance and Insurance Committee and City Code and Judiciary Committee. ADJOURNMENT: Moved by Kehe, seconded by Sarlo, that the City Council meeting adjourn. Motion declared carried. Adjourn ,f t at 11:28 P.M. - APPROVED BY ME THIS c-.v7/,,1� HERBERT H. VOLBERDING, MAYOR Bertha Eleanor Rohrbac , City Clerk