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12/15/19801 29. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CIVIC CENTER, MONDAY, December 15, 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., at 8:05 P.M. in the Council Chambers, Civic Center, on Monday, December 15, 1980 ROLL CALL: Roll call indicated the following aldermen present: Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan. Absent was Alderman Ward Also present were: City Treasurer Swanson, City Comptroller Blietz, Health Director Branding, Fire Chief Gedroic, Police Chief Alfano, Building Commissioner Trost, Director of Zoning and Planning Richardson, City Engineer Bowen, Traffic Engineer Crowley, Commissioner of Public Works Matula, License Officer Hinde, Environmental Officer Lindahl, and City Attorney Smith. PRAYER AND PLEDGE MINUTES: BILLS PAYABLE TRAFFIC SIGNAL REPAIRS Mt. Prospect & Golf N .E. Corner River & Miner The meeting opened with prayer by Rev. Charles Cooper, pastor of Golf Road Baptist Church, followed by the Pledge of Allegiance to the flag. Moved by Kehe, seconded by Sarlo, to approve the Minutes of the regular meeting held December 1, 1980, as published. Moved by Dwiel, seconded by Egan, to postpone voting on the motion to approve until later in the meeting to allow for time to listen to the tape of the meeting. Motion carried. Moved by Seitz, seconded by Birchfield, 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 $1,363,746.50. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz:, Egan NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. Moved by Seitz, seconded by Kisslinger, to adopt the recom- mendation of Finance and Insurance Committee, to authorize payment of statement for repair of traffic signals located at S. W. Corner of Mt. Prospect and Golf Roads, involved with traffic accident, in the amount of $4,315.72, payable to waiving the usual bid procedure. Upon roll call, the vote was AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan. 0 - None 1 - Ward. NAYS: ABSENT: Motion declared carried. Moved by Seitz, seconded by Birchfield, to adopt the recom- mendation of Finance and Insurance Committee, to authorize payment of statement for repair of traffic signals located at the N.E. corner of River and Miner, involved with traffic accident, in the amount of $3,646.75, payable to , waiving the usual bid procedure. Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz. NAYS: 1 - Egan ABSENT: 1 - Ward Motion declared carried. WORKMEN'S COMPENSATION Alan Rateike IMRF RESOLUTION Nancy DeGeorge JULY 4th Activities CLOTHING ALLOWANCE Police & Fire Depts. CLOTHING ALLOWANCE Fire Dept. Supervisers Alarm Operators COAGULANT AID MUNICIPAL BUILDING Lease Cong. Porter 12/15/80 Page Tw Moved by Seitz, seconded by Birchfield, to adopt the recommendation of City Code and Judiciary and Finance and Insurance Committee to authorize Mayor and City Clerk to enter into settlement of Workmen's Compensation Claim of Mr. Alan Rateike, in the amount of $2,080.00. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, ° Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. Moved by Seitz, seconded by Birchfield, to adopt the recom- mendation of Finance and Insurance Committee to adopt a resolution allowing Ms. Nancy DeGeorge to remit to Illinois Municipal Retirement Fund funds for omitted service. Motion declared carried. Moved by Seitz, seconded by Koplos, to adopt the recommenda- tion of Finance and Insurance Committee to grant request of Des Plaines Chamber of Commerce and Industry to include request for voluntary contribution of $1 on the City's next 4 months' water bills, to be paid to the City of Des Plaines and then forwarded to the Chamber, for the July 4th festivities. Motion declared carried. Alderman Dwiel and Egan voted No. Moved by Seitz, seconded by Birchfield, to adopt the recom- mendation of Finance and Insurance Committee to amend City Code to provide for increase of $20 for clothing allowance for Fire Department personnel per contract and to increase Police Department personnel clothing allowance by $25, as per contract. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan 0 - None NAYS: ABSENT: 1 - Ward Motion declared carried. Moved by Seitz, seconded by Kehe, to adopt the recommendation of Finance and Insurance Committee to amend City Code to provide for increase of $20 for clothing allowance for Fire Department supervisors, and increase fire alarm operator: clothing allowance to $185 per year, equal to Communication Clerks in Police Department. Moved by Birchfield, seconded by Egan to defer action. Moved by Koplos, seconded by Sarlo, to adopt the recommenda- tion of Water and Sewer Committee to award the contract for the purchase of necessary Coagulant Aid, to the Nalco Chemical Co., at the rate of .27 per pound. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. Moved by Erbach, seconded by Tomaszewski, to adopt the recom- mendation of Buildings and Grounds Committee to authorize Mayor and City Clerk to sign lease agreement with U. S. Congressman Porter for office space in the Municipal Building, 234 sq. ft. at $156 per month for the period January 15, 1981 to January 15, 1983. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. 12/15/80 Page Three 31. MUNICIPAL Moved by Erbach, seconded by Ensign, to adopt the recommenda- BUILDING tion of Buildings and Grounds Committee to authorize Mayor Lease and City Clerk to sign lease agreement with State of Illinois Rep. Kustra Representative Robert Kustra (4th District) for 426 sq. feet of office space in the Municipal Building at $284 per month for a period of January 15, 1981 to January 15, 1983. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. TELEPHONE Moved by Erbach, seconded by Tomasz,ewski, to adopt the recom- SYSTEM mendation of Buildings and Grounds Committee that City Council agree to proceed with the investigation of telephone systems available for purchase and that tentative proposals be solicited from four or five major tele- communication system manufacturers with a view toward selecting the type of system needed for the future. Motion declared carried. RESOLUTION Moved by Sarlo, seconded by Meyer, to adopt the recommenda- MFT tion of Streets and Traffic Committee to adopt a resolution Seegers Rd. appropriating $2500 MFT Funds for Seegers Road Improvement Improvement Northwest Highway to Rand Road, MFT Section No. 80-00125-00 WR, for the engineering services for the project. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan. NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. DRIVEWAY Moved by Sarlo, seconded by Kehe, to adopt the recommendation 1700 E. Touhy of Streets and Traffic Committee to grant a driveway & Sherwin variation at 1700 E. Touhy Avenue, driveway on Sherwin, to Hart, Schaffner and Marx, 24 foot drive separated by a 6 foot median and a 95+ foot drive, upon payment of additional permit fee. Motion declared carried. AUTOMATIC AID Moved by Dwiel, seconded by Ensign, to adopt the recommenda- AGREEMENT tion of Fire and Civil Defense Committee that the City of FIRE SERVICES Des Plaines enter into an agreement with Park Ridge and Rosemont & Rosemont for. Automatic Aid in connection with fire responses Park Ridge in addition to MABAS agreement, City Attorney to draft necessary agreement. Upon roll call, the,vote was: AYES: - 15J-. Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. FIRE DEPT. Moved by Dwiel, seconded by Ensign, to adopt the recommenda- EQUIPMENT tion of Fire and Civil Defense to authorize the first SeagraveI phase of rebuilding the 1963 Seagraves Mod 1000 Fire Engine Engine #10 #10, by repainting truck with Imron, at a cost of $12,000, contract to be awarded Bertram's Fire Apparatus Repair, waiving the usual bid procedure. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. 4.54 12/15/80 Page Four 32. TRANSPORTATION Moved by Meyer, seconded by Erbach, to adopt the recominenda- CENTER tion of Municipal Development Committee to place the Invoice payment of $825 to Richard S. Beebe for his work on the proposed Transportation Center on the next register of bills. Motion declared carried. CATV Moved by Kisslinger, seconded by Ensign, to adopt the recom- Consultant mendation of License and Inspection Committee to agree to the hiring of a consultant in connection with development of CATV franchises and ordinances for the Northwest Municipal Conference municipalities, the City's share not to_ exceed $2,000, reimburseable from company with whom franchise agreement is accepted by City Council. Upon roll call, the vote was: AYES: - 11 - Dwiel, Kehe, Ensign, Wehtstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Seitz NAYS: 4 - Koplos, Kolinski, Meyer, Egan ABSENT: 1 - Ward Motion declared carried. CATV Moved by Kisslinger, seconded by Koplos, to adopt the recom- CITIZEN mendation of License and Inspection Committee that City ADVISORY Council adopt an ordina nce creating a CATV Citizen COMMISSION Advisory Commission of no less than 5 members and no more than 7 members to advise the City Council on matters relating to service, operation, rates, programs, interface with other communities and others. Motion declared carried. ORDINANCE Moved by Koplos, seconded by Kehe, to pass Ordinance M-61-80, M-61-80 AN ORDINANCE AMENDING SECTION 5-1-3.1 OF CHAPTER 1, TITLE License Fees V, OF THE DES PLAINES CITY CODE, THEREBY INCREASING CERTAIN FEES WITHIN THE SCHEDULE OF FEES. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. ORDINANCE Moved by Seitz, seconded by Dwiel, to pass Ordinance M-60-80 M-60-80 AN ORDINANCE AMENDING SECTION 2-21-9 OF THE DES PLAINES CITY Consumer CODE, PERTAINING TO THE POWERS OF THE CONSUMER PROTECTION Protection COMMISSION, THEREBY ADDING SUBSECTION 2-21-9 (I) HAVING Commission TO DO WITH SUBPOENA POWERS. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. ORDINANCE M-63-80 Office of City Clerk ORDINANCE M-64-80 IDR Bonds Tash, Inc. Moved by Seitz, seconded by Meyer, to refer to City Code and Judiciary Committee Ordinance M-63-80, AN ORDINANCE CALLING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF DES PLAINES, AT THE NEXT REGULAR ELECTION, THE QUESTION OF MAKING THE ELECTED OFFICE OF CITY CLERK AN APPOINTED OFFICE Alderman Kolinski left the meeting at this time Moved by Koplos, seconded by Seitz, to pass Ordinance M-64-80 AN ORDINANCE AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (TASH, INC.). Upon roll call, the vote was: AYES: - 13 - Koplos, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz. NAYS: 1 - Egan n ABSENT: 2 - Ward, Kolinski i4g/G Motion declared carried. ORDINANCE M-65-80 IDR Bonds Merkle -Korff Industries, Inc. ORDINANCE Z-27-80 1509 Des Plaines Ave. MINUTES: IORDINANCE M-62-80 Salaries of Elected Officials SALARIES OF ELECTED OFFICIALS Deadline 12/15/80 Page Five 33. Moved by Erbach, seconded by Seitz, to pass Ordinance M-65-80 AN ORDINANCE AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (MERKLE-KORFF INDUSTRIES, INC.). Upon roll call, the vote was: AYES: - 13 - Koplos, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz. NAYS: 1 - Egan ABSENT: 2 - Ward, Kolinski Motion declared carried. Alderman Kolinski returned to the meeting. Moved by Kehe, seconded by Koplos, to pass Ordinance Z-27-80 AN ORDINANCE GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS. CASE NO. 80-46-V (1509 Des Plaines Avenue). Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. City Council recessed from 10:47 P.M. to 10:59 P.M. to allow time to listen to tape of previous meeting Moved by Dwiel, seconded by Kehe, to correct Minutes of regular meeting held December 1, 1980, Page Five, paragraph two, line 4, adding the following sentence, "Motion declared carried.". Motion to correct Minutes declared carried. Motion to approve Minutes as corrected declared carried. Moved by Dwiel, seconded by Whetstone, to reconsider the motion to pass Ordinance M-62-80, AN ORDINANCE AMENDING SECTION 1-15-4 (B) 1. OF THE DES PLAINES CITY CODE HAVING TO DO WITH SALARIES OF ELECTED OFFICIALS. Ald. Koplos made a parlimentary inquiry expressing concern that a vote to reconsider was necessary from the prevailing side. City Attorney Smith ruled that in an 8 to 8 vote on the motion to pass the Ordinance, a vote to reconsider could be made from either side. Following discussion, Ald. Dwiel withdrew his motion. Then moved by Kisslinger, seconded by Dwiel to reconsider the motion to pass Ordinance M-62-80. Upun .rb l .6a11;...the . vote was :. AYES: -9 -Dwiel, Kehe, Ensign,'. Whetstone, Prellberg, Kisslinger,'Erbach, Seitz, Egan NAYS: 6 - Koplos, Kolinski, Birchfield, Tomaszewski, Sarlo, Meyer ABSENT: 1 - Ward Motion to reconsider declared carried. Moved by Kisslinger, seconded by Meyer, to amend Ordinance M-62-80, changing the salary of Mayor from $40,000 per year to $6,000 per year. Upon roll call, the vote was: AYES: - 5 - Koplos, Kisslinger, Tomaszewski, Sarlo, Meyer NAYS: 10 - Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Birchfield, Erbach, Seitz ABSENT: 1 - Ward Motion declared lost Upon roll call on motion to pass Ordinance M-62-80, the vote was: AYES: - 9 - Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Erbach, Seitz, Egan NAYS: 6 - Koplos, Kolinski, Birchfield, Tomaszewski, Sarlo, Meyer ABSENT: 1 - Ward Motion to pass Ordinance M-62-80 declared carried. The passage of an ordinance requiring City Council to pass an ordinance setting salaries of elected officials by December 1st of the year preceding the election was referred to City Code and Judiciary Committee. 12/15/80 34. Page Six VEHICLE Ald. Egan's request for ordinance to prohibit motorized PARKING vehicles from parking on lawns and a process to be RESIDENTIAL developed to enforce said ordinance was referred to PROPERTY Traffic Engineer and Streets and Traffic Committee. CATV Ald. Egan requested Attorney Smith to prepare opinion addressing the issues of pornography shown on CATV and whether or not the City can restrict the format of CATV companies and restrict what people are able to subscribe. Further, if the City addresses in the contract that certain conditions be adhered, will those conditions be enforceable in Court and have there been many prior cases. NWMC Moved by Koplos, seconded by Ensign to authorize that Delegate Alderman Kisslinger be the alternate delegate for voting CATV purposes to the Northwest Municipal Conference in the event other delegates do not attend, particularly on CATV issues. Motion declared carried. REFERENDUM Ald. Kisslinger's request that the City hold a binding Full Time referendum on the issues of Full Time Mayor VS Part Time Mayor VS Mayor in the 1981 election was referred to City Code Part Time Mayor and Judiciary Committee. ORDINANCE Placed on First Reading was Ordinance Z-28-80, AN ORDINANCE Z-28-80 AMENDING THE TEXT OF ARTICLE 1 RULES AND DEFINITIONS, Zoning Ord. THEREBY ADDING CHANGES IN WORDAGE TO SECTIONS 1.2.1, 1.2.7, Text Amend 1.2.73 and DELETING SECTION 10-5-4 OF ARTICLE 10 _ GENERAL Rules & PROVISIONS, OF THE ZONING ORDINANCE. Definitions Moved by Meyer, seconded by Seitz, to waive First Reading ORDINANCE and place on passage Ordinance Z-29-80, AN ORDINANCE IZ-29-80 GRANTING A REZONING FROM C-2 COMMERCIAL DISTRICT TO M-1 750 E. MANUFACTURING (RESTRICTED) at 750 E. NORTHWEST HIGHWAY, Northwest Hwy. DES PLAINES, ILLINOIS, CASE NO. 80-49-R. Motion declared carried. Moved by Meyer, seconded by Seitz, to pass Ordinance Z-29-80. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan. NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. 1 ORDINANCE Placed on First Reading was Ordinance M-66-80, AN ORDINANCE M-66-80 AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS IDR BONDS (NORTHWEST O'HARE OFFICE PARK). Northwest O'Hare Office Park Moved by Seitz, seconded by Meyer, to waive First Reading ORDINANCE and place on passage Ordinance M-67-80, AN ORDINANCE M-67-80 AMENDING SECTION 1-15-5 (D-2) OF THE DES PLAINES CITY CODE Uniform PERTAINING TO UNIFORM ALLOWANCES FOR POLICE AND FIRE Allowances PERSONNEL. Motion declared carried. Moved by Meyer, seconded by Seitz, to pass Ordinance M-67-80. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. ZONING CASE 80 -52 -SU 1419 Lee St. ZONING CASE bu-51-V 850 E. Oakton Letter from Zoning Board of Appeals and Plan Commission re Case 80 -52 -SU, 1419 Lee Street, was referred to Municipal Development Committee. Letter from Zoning Board of Appeals re Case 80-51-V, 850 E. Oakton Street, was referred to Municipal Development Committee. 1 APPOINTMENT 12/15/80 35.' Page Seven Moved by Egan, seconded by Koplos, to concur with Mayor's appointment of Mrs. Carole Bending, 827 Rose Avenue, Des Plaines, to the Youth Commission, term to expire April 30, 1983, to fill vacancy created by resignation of Mr. Robert Provenzano. Motion declared carried. CHRISTMAS Moved by Kolinski, seconded by Egan, to include as part of PARTY the benefits to employees a post Christmas brunch to be Dec. 29th held December 29th for the employees and guest who are unable to attend the Christmas party on the 28th because of duty. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. ADJOURNMENT: Moved by Ensign, seconded by Kehe, that the regular meeting of the City Council adjourn. Motion declared harried. Meeting adjourned at ],.1:01 P.M. APPROVED BY ME THIS , 1980 ERBERT H. VOLBERDING, SR., MAYOR h, City Clerk