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11/03/19801 13. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CIVIC CENTER, MONDAY, November 3, 1980 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, Sr., in the Council Chambers, Civic Center, at 8:00 P.M. on Monday, November 3, 1980 ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan. Also present were: City Treasurer Swanson, City Comptroller Blietz, Commissioner of Public Works Matula, Health Director Branding, Fire Chief Gedroic, Police Chief Alfano, Building Commissioner Trost, Director of Zoning and Planning Richardson, City Engineer Bowen, Traffic Engineer Crowley, Environmental Officer Lindahl, Deputy Clerk Trost, License Officer Hinde, and City Attorney Smith. PRAYER AND PLEDGE MINUTES: BILLS PAYABLE INDUSTRIAL REVENUE BONDS MERKLE INDUSTRIES,INC ORDINANCE M-49-80 R & A Distributing POLICE COMMAND OFFICERS The meeting opened with prayer by Pastor James Bouman from Immanuel Lutheran Churchfollowed by the Pledge of Allegiance to the flag. Moved by Seitz, seconded by Kehe, to approve the Minutes of the regular meeting held November 3, 1980, as published. Correction: Paragraph 3, page one, change "Assistant Engineer Crowley" to "Assistant Engineer Perl and Traffic Engineer Crowley"; Also, correct date at top of each page to read "10/20/80". Following correction, motion declared carried. Moved by Ward, seconded by Seitz, 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, $324,184.94. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Ward, seconded by Seitz, to adopt the recommendation of Finance and Insurance Committee that the City retain Benjamin & Lang and request the administrators of the City to review the application of Merkle Industries, Inc. for Industrial Revenue Bonds and make recommendations to the Finance and Insurance Committee. Motion declared carried. Alderman Egan voted No. Moved by Ward, seconded by Seitz, to adopt the recommendation of Finance and Insurance Committee to hold Ordinance M-49-80 on Second Reading, an Ordinance providing for Industrial Revenue Bonds for R & A Distributing Corporation due to incomplete application. Motion declared carried. Moved by Ward, seconded by Seitz, to adopt the recommendation of Finance and Insurance Committee to reaffirm committee's recommendation to deny request of Des Plaines Police Command Officers Association for personal days for Police Supervisors. Upon roll,call, the vote was: AYES: - 9 - Koplos, Ensign, Kisslinger, Birchfield, Tomaszewski, Sarlo, Meyer, Seitz, Ward NAYS: 7 - Kolinski, Dwiel, Kehe, Whetstone, Prellberg, Erbach, Egan ABSENT: 0 - None Motion declared carried. iot° ALDERMAN SALARIES MANDAS RESUBDIVISION ZONING CASE 80-41-A Text Amend Accessory Bldg. SEEGERS ROAD IMPROVEMENT Northwest Highway to Rand Rd. RESOLUTION R-34-80 Lechner Subdivision ALDERMEN SALARIES Amendment C & NW Railroad Station Painting RAFFLE Registration & Licensing 11/3/80 Page Two 14. Moved by Seitz, seconded by Meyer, to adopt the recommenda- tion of City Code and Judiciary Committee to amend Section 1-6-23 of the City Code to correspond to Section 1-16-4, to provide for salaries of Alderman on a per month basis, and further to make no change in the salary of $150 per month, but increase the expenses of Aldermen from $25 per month to $40 per month effective January 1, 1981. Moved by Erbach, seconded by Dwiel, to amend the motion to read effective May 1, 1981. Motion to amend declared carried. Upon roll call on motion as amended, the vote was: AYES: - 6 - Kehe, Whetstone, Kisslinger, Erbach, Meyer, Seitz NAYS: 10 - Koplos, Kolinski, Dwiel, Ensign, Prellberg, Birchfield, Tomaszewski, Sarlo, Ward, Egan ABSENT: 0 - None Motion declared lost. Moved by Meyer, seconded by Koplos, to adopt the recommenda- tion of Municipal Development Committee to approve Plat of Mandas Resubdivision located at 1419 Lincoln and 1414 Oakton Street. Motion declared carried. Moved by Meyer, seconded by Ensign, to adopt the recommenda- tion of Municipal Development Committee to concur with Zoning Board of Appeals in Case 80-41-A, Text Amendment re Accessory buildings; with certain changes to be reflected in subsequent ordinance for further consideration by City Council. Motion declared carried. Moved by Sarlo, seconded by Meyer, to adopt the recommendation of Streets and Traffic Committee to authorize Engineering Department to hire a consulting form to do field work on the Seegers Road Improvement from Northwest Highway to Rand Road, following receipt of proposals, at a cost not to exceed $2,000 to $2,500. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Ensign, seconded by Kolinski, to adopt the recommenda- tion of Building Control and Inspection Committee to adopt Resolution R-34-80, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES REGARDING THE LETTER OF CREDIT FOR THE LECHNER SUBDIVISION. Motion declared carried. Moved by Seitz, seconded by Erbach, to adopt the recommenda- tion of City Code and Judiciary Committee, to authorize City Attorney to draft code amendment amending Section 1-6-23 to reflect aldermen salaries to be $150 per month. Motion declared carried. Moved by Birchfield, seconded by Kisslinger, to adopt the recommendation of Beautification and Forestry Committee to authorize the painting and repairing of the interior and exterior of Chicago and Northwestern Railroad Station, downtown, awarding the contract to the Dirt Raiders, at a cost of $1,102.20, waiving the usual bid procedures. Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Ward, Egan NAYS: 2 - Ensign, Seitz ABSENT: 0 - None Motion declared carried. Moved by Kisslinger, seconded by Koplos, to adopt the recom- mendation of License and Inspection Committee that the City not enact any raffle ordinance at this time and permit raffles to exist in the unregulated manner as in the past. Motion declared carried. ,b0 1 1 LIQUOR LICENSE FEE SCHEDULE 11/3/80 15. Page Three Moved by Kisslinger, seconded by Dwiel, to adopt the recommendation of License and Inspection Committee not to change the Liquor License Fee Schedule for the calendar year, 1981, but the matter be reviewed again during 1981 with a possible decision to increase the fee schedule for the year 1982. Motion declared carried. LIQUOR LICENSE Moved by Kisslinger, seconded by Dwiel, to adopt the recom- Centaur mendation of License and Inspection Committee to grant Restaurant, Inc.a Class A liquor license to owners of Centaur Restaurant, Inc. 1051 Elmhurst located at 1051 Elmhurst Road, subject to the following conditions set forth in agreement signed by owners: 1. Owners shall remove existing breakfast counter within a period of 6 months from the date of issuance of Liquor License 2. Owners shall not serve or permit the service of any alcoholic beverages to any of its customers, while said customers are seated at the breakfast counter, after the time the liquor license is issued, up until the time that the breakfast counter is removed 3. Owners shall not install a sit-down bar, prior to the expansion contemplated as represented in the architectural sketch without first obtaining approval of the City of Des Plaines. City Attorney to draft necessary amendment. Upon roll call, the vote was: AYES: - 12 - Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Seitz, Ward, Egan NAYS: 4 - Koplos, Tomaszewski, Sarlo, Meyer ABSENT: 0 - None Motion declared carried. ORDINANCE M-47-80 Liquor License Frankies II ORDINANCE M-50-80 City Manager REFERENDUM City Manager ZONING ORDINANCE Z-25-80 609 Forest Edge Lane Moved by Kisslinger, seconded by Egan, to pass Ordinance M-47-80, AN ORDINANCE INCREASING CLASS H BEER AND WINE ONLY LICENSES BY ONE (1) , THEREBY AMENDING SECTION 5-34-16 OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: - 12 - Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Seitz, Ward, Egan 4 - Koplos, Tomaszewski, Sarlo, Meyer NAYS: ABSENT: 0 - None Motion declared carried. Moved by Koplos, seconded by Meyer, to pass Ordinance M-50-80 AN ORDINANCE CREATING THE OFFICE OF CITY MANAGER AND PROVIDING POWERS AND DUTIES THEREOF. Moved by Egan, seconded by Meyer, to amend Section 2, paragraph one, last three lines to read: "No elected official shall receive such appointment during the term for which he shall have been elected, nor within two years after the expiration of his term." Motion to amend declared carried. During discussion, the Mayor relinquished the chair to Alderman Koplos to debate the question and resumed the chair previous to roll call vote. Upon roll call to pass Ordinance M-50-80, as amended, the vote was: AYES: - 8 - Koplos, Kisslinger, Birchfield, Tomaszewski, Sarlo, Meyer, Seitz, Ward NAYS: 8 - Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Erbach, Egan ABSENT: 0 - None Motion declared lost. City Attorney requested to research possibility of submitting to voters the issue of City Manager on a referendum at the next election. Moved by Koplos, seconded by Kehe, to pass Ordinance Z-25-80, AN ORDINANCE GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE NO. 79-71-V (609 FOREST EDGE LANE). Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: - 0 - None Motion declared carried. 1 1 LEGAL ACTION Rio Rand 173 N. River ADMINISTRATIVE ASSISTANT TO MAYOR ORDINANCE M-51-80 Automobile Allowance ZONING CASE 80-46-.V 1509 Des Plaines ZONING CASE 80-48-V 1312,1318 Jefferson BIDS CONSUMER PROTECTION COMMISSION PARKING Illinois,Cora, Elm,White, Linden LEGAL ACTION Zoning Suit Higgins & Mannheim O'HARE NOISE POLLUTION SUIT CATV RESOLUTION ADJOURNMENT: 11/3/80 Page Four Moved by Koplos, seconded by Seitz, to authorize Attorney Lucansky to return to Court to ask for compliance with agreed order in the 173 North River Road - Rio Rand case. Motion declared carried. Question of providing Mayor and creation of Finance and Insurance 16. an Adminstrative Assistant to the said position was referred to and City Code and Judiciary Committee Placed on First Reading was Ordinance M-51-80, AN ORDINANCE AMENDING SECTION 1-15-5 (D) 3 "AUTOMOBILE ALLOWANCE" OF THE DES PLAINES CITY CODE, THEREBY ADDING THOSE EMPLOYEES WHO RECEIVE MONTHLY CAR ALLOWANCES. Referred to Municipal Development Committee was the letter from Des Plaines Zoning Board of Appeals re Case 80-46-V, 1509 Des Plaines Avenue. Letter from Des Plaines Zoning Board of Appeals re Case 80-48-V, property located at 1312, 1318 Jefferson Street was referred to Municipal Development Committee. City Clerk notified Council that bids for construction of second floor, Civic Center and Maintenance of Heating and Air Conditioning would be received November 14, 1980 at 3 P.M. Request of Consumer Protection Commission for amendment to City Code to have effective subpoena powers for the Commission was referred to City Code and Judiciary Committee. Letter from Mrs. Yaccino re parking problems in the areas of Illinois, Cora, Elm, White, and Linden was referred to Streets and Traffic Committee. M. Richardson's recommendation re J. R. Gottlieb Lawsuit filed relative to Council decision in Zoning Petition for property located at Higgins & Mannheim was referred to Municipal Development and City Code and Judiciary Committee. Atty. Lucansky's letter re O'Hare Noise Pollution Suit was referred to City Code and Judiciary Committee. Moved by Meyer, seconded by Koplos, to adopt a Resolution indicating that the City of Des Plaines will not grant a franchise to any CATV company that shows X-rated movies or soft pornography, and further to call upon the religious leaders of the City to participate in setting the moral tone for CATV franchises, and convey this position to the Northwest Municipal Conference. Motion declared carried. Moved by Kehe, seconded by Dwiel, that the regular meeting of the City Council adjourn. Motion declared ,.rried. Meeting adjourned at 10;20 P.M. APPROVED BY ME THIS , 1980 Bertha Eleanor Rohrb.ch, City Clerk HERBERT H. VOLBERDING, SR., MAYOR