11/17/19801
17.
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 17, 1980
CALL TO ORDER: The regular meeting of the City Council of the City of Des
Plaines was called to order by Jr. Mayor Richard Schwartz
for Mayor Herbert H. Volberding, Sr., in the Council
Chambers, Civic Center at 8:00 P.M. on Monday, November
17, 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. Absent was Egan who arrived later.
Also present were: City Treasurer Swanson, City Comptroller Blietz,
Supt. of Streets Kozlinka, City Engineer Bowen, Police Chief Alfano, Traffic
Engineer Crowley, Director of Zoning and Planning Richardson, Building
Inspector McKoveck, Fire Chief Gedroic, Sr. Citizen Coordinator Tapson,
and City Attorney Smith
PRAYER AND The opening prayer was given by Rev. William Grice of the
PLEDGE First Congregational Church, followed by the Pledge of
Allegiance to the flag.
MINUTES:
Moved by Kehe, seconded by Sarlo, to approve the Minutes
of the regular meeting held November 3, 1980, as published.
Motion declared carried.
JR. CITY Mayor Volberding introduced all Jr. City Officials present
OFFICIALS at the meeting, and read the following proclamation:
WHEREAS, The schools represent the best efforts of the
community, the state, and the nation to improve
the quality of life; and
WHEREAS, Defining the schools' goal8 and evaluating their
results are the responsibilities of an informed and
involved citizenry; and
WHEREAS, There is a widespread need for better communication
and more cooperative relationships between
professional educators and the community.
NOW, THEREFORE, I, Herbert H. Volberding, Sr., Mayor of the
City of Des Plaines, do hereby designate November
16 through November 22, 1980, to be AMERICAN
EDUCATION WEEK and do urge all citizens to
reaffirm their commitment to improving education
on all levels, and translate that commitment into
action by visiting local schools.
BILLS Moved by Ward, seconded by Seitz, to adopt the following
PAYABLE resolution proposed by Jr. Alderman Mark Holzer:
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, $700,255.16. Upon roll call,
the vote was:
AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone,
Prellberg, Kisslinger, Birchfield, Erbach,
Tomaszewski, Sarlo, Meyer, Seitz, Ward
NAYS: 0 - None
ABSENT: 1 - Egan
Motion declared carried.
ORDINANCE Moved by Ward, seconded by Seitz, to adopt the recommendation
M-49-80 of Finance and Insurance Committee to place Ordinance
R & A M-49-80 on second reading at this meeting providing for the
Distributing issuance of $1,600,000.00 Industrial Revenue Bonds by
IND. REV. BONDS R & A Distributing Corporation. Motion declared carried.
FIRE DEPT.
EQUIPMENT
Pumper
INDUSTRIAL
DEVELOPMENT
REVENUE BONDS
Thomas J.
Lipton, Inc.
M-59-80
ZONING
VARIATION
FEES
ZONING CASE
80-46-V
1509 Des
Plaines Ave.
O'HARE NOISE
POLLUTION SUIT
LEGAL SUIT
1630-1700
Higgins Rd.
(Gottlieb)
CONSUMER
PROTECTION
COMMISSION
Subpoena
Powers
SALARY OF
CITY TREASURER
11/17/80
Page Two
18.
Moved by Ward, seconded by Seitz, to adopt the recommendation
of Finance and Insurance Committee to ratify the purchase
order for the painting and rehabilitation of the 1973
Seagrave Pumper in the Fire Department, at a cost of $4,000.
Upon roll call, the vote was:
AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone,
Prellberg, Kisslinger, Birchfield, Erbach,
Tomaszewski, Sarlo, Meyer, Seitz, Ward
NAYS: 0 - None
ABSENT: 1 - Egan
Motion declared carried.
Moved by Ward, seconded by Seitz, to adopt the recommendation
of Finance and Insurance Committee to place on First Reading
at this meeting Ordinance M-59-80, authorizing the
issuance and sale of $2,000,000 Industrial Development
Revenue Bonds (Thomas J. Lipton, Inc. Project).
Motion declared carried.
Alderman Egan arrived at the meeting at this time
Moved by Meyer, seconded by Koplos, to adopt the recommenda-
tion of Municipal Development Committee to deny request
of Alderman Dwiel to waive Zoning Variation fees in certain
cases where reconstruction of non -conforming uses takes
place or in connection with improvement of existing
property in a non -conforming use. Upon roll call, the vote was
AYES: - 11 - Koplos, Kolinski, Ensign, Kisslinger, Erbach,
Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan
NAYS: 5 - Dwiel, Kehe, Whetstone, Prellberg, Birchfield
ABSENT: 0 - None
Motion declared carried.
Moved by Meyer, seconded by Koplos, to adopt the recommenda-
tion of Municipal Development Committee to grant variation
as recited in Zoning Case 80-46-V, 1509 Des Plaines Avenue,
pending agreement that no parking will be permitted in front
of the front building and that one condo association will
be formed for both buildings. Motion declared carried.
Moved by Seitz, seconded by Meyer, to adopt the recommenda-
tion of City Code and Judiciary Committee given by Jr.
Ald. Cathy McCabe to concur with the recommendation of
Klein, Thorpe and Jenkins that if the Attorney General not
take a more active role in the O'Hare Noise Pollution Suit,
the City consider filing its separate suit. Motion declared
carried.
Moved by Seitz, seconded by Erbach, to adopt the recommenda-
tion of City Code and Judiciary Committee that the City
maintain its position of not granting a height limitation
beyond 55 feet in the matter of complaint filed against
the City by J. R. Gottlieb, having to do with property
located at 1630-1700 Higgins Road and to authorize the
City Attorney to take all necessary action to maintain the
City's present position. Motion declared carried.
Moved by Seitz, seconded by Meyer, to adopt the recommenda-
tion of City Code and Judiciary Committee that Section
2-21-9 of the City Code be amended to give the Consumer
Protection Commission subpoena powers. Motion declared
carried.
Moved by Seitz, seconded by Birchfield, to adopt the
recommendation of City Code and Judiciary and Finance and
Insurance Committees to set the salary of City Treasurer
for the next term of office beginning May, 1981 at $1800
per year. Upon roll call, the vote was:
AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone,
Kisslinger, Birchfield, Erbach, Tomaszewski,
Sarlo, Meyer, Seitz, Ward, Egan
NAYS: 1 - Prellberg
ABSENT: 0 - None
Motion declared carried.
,04
SALARY OF
OFFICE OF
CITY CLERK
SALARY OF
OFFICE OF
MAYOR
CITY CLERK
Referendum
11/17/80
Page Three
19.
Moved by Ward, seconded by Peyer, to adopt the Majority
report of Jt. Committees, Finance and Insurance and City
Code and Judiciary Committee to set the Salary for Office
of City Clerk at $19,500 per year, beginning May 1, 1981
thru April 30, 1985, and further that the position of
City Clerk be changed to an appointed position by referendum
in 1983 to take effect in May, 1985. Moved by Seitz,
seconded by Ensign, to substitute the Minority Report of
Joint Committees to set the salary for the Office of City
Clerk at $24,000 per year from May 1, 1981 to April 30, 1985.
Upon roll call on the motion to substitute the Minority
Report for the Majority Report, the vote was:
AYES: - 10 - Dwiel, Kehe, Ensign, Whetstone, Prellberg,
Kisslinger, Erbach, Tomaszewski, Seitz, Egan
NAYS: 6 - Koplos, Kolinski, Birchfield, Sarlo, Meyer,
Ward
ABSENT: 0 - None
Motion declared carried.
Upon roll call on the Minority Report, the vote was:
AYES: - 9 - Dwiel, Kehe, Ensign, Whetstone, Prellberg,
Kisslinger, Erbach, Seitz, Egan
NAYS: 7 - Koplos, Kolinski, Birchfield, Tomaszewski, Sarlo,
Meyer, Ward
ABSENT: 0 - None
Motion declared carried.
Moved by Ward, seconded by Birchfield, to adopt the Majority
report of Jt. Committees, Finance and Insurance and City
Code and Judiciary Committee to set the Salary for the
Office of Mayor at $32,500 per year, beginning May 1, 1981
thru April 30, 1985. Moved by Seitz, seconded by Ensign,
to substitute the Minority Report of Joint Committees to
set the salary for the Office of Mayor at $40,000 per
year from May 1, 1981 to April 30, 1985. Upon roll call
on the motion to substitute the Minority report for the
majority report, the vote was:
AYES: - 9 - Dwiel, Kehe, Ensign, Whetstone, Prellberg,
Kisslinger, Erbach, Seitz, Egan
NAYS: 7 - Koplos, Kolinski, Birchfield, Tomaszewski, Sarlo,
Meyer, Ward
ABSENT: 0 - None
Motion declared carried.
Upon roll call on the Minority Report, the vote was:
AYES: - 9 - Dwiel, Kehe, Ensign, Whetstone, Prellberg,
Kisslinger, Erbach, Seitz, Egan
NAYS: 7 = Koplos, Kolinski, Birchfield, Tomaszewski, Sarlo,
Meyer, Ward
ABSENT: 0 - None
Motion declared carried.
Moved by Ward, seconded by Meyer, to adopt a resolution
to hold a referendum at the April 1, 1983 election to
change the Office of City Clerk from an elected position
to an appointed position. Motion declared carried.
Alderman Kisslinger voted No.
CIVIC CENTER Moved by Erbach, seconded by Ensign, to adopt the recommenda-
Second Floor tion of Building and Grounds Committee, made by Jr. Ald.
Construction Laura Meisterheim, to award the contract for Second Floor
Completion of the Civic Center to the low bidder, George
Knight Construction Co., in the amount of $30,430.00 and
authorize Mayor and City Clerk to sign necessary contract.
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.
11/17/80
Page Four
20.
MAINTENANCE Moved by Erbach, seconded by Tomaszewski, to adopt the
HEATING & recommendation of Building and Grounds Committee to award
AIR the contract for the Maintenance of Heating and Air
CONDITIONING Conditioning to the low bidder, Tapper's Central Heating
Co., Inc., in the amount of $10,440.00 and authorize Mayor
and City Clerk to sign the necessary contract.
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
LICENSE FEES
Moved by Kisslinger, seconded by Dwiel, to adopt the
recommendation of License and Inspection Committee to
increase miscellaneous license fees by approximately 15%
rounded to the closest dollar, effective January 1, 1981,
City Attorney to draft necessary ordinance for further
consideration by City Council. Motion declared carried.
ORDINANCE Moved by Koplos, seconded by Kehe, to pass Ordinance M-51-80
M-51-80 AN ORDINANCE AMENDING SECTION 1-15-5 (D) 3 "AUTOMOBILE
Car ALLOWANCE" OF THE DES PLAINES CITY CODE, THEREBY ADDING
Allowances THOSE EMPLOYEES WHO RECEIVE MONTHLY CAR ALLOWANCES.
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.
ORDINANCE Moved by Koplos, seconded by Erbach to pass Ordinance M-49-80
M-49-80 AN ORDINANCE AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT
INDUSTRIAL REVENUE BONDS (R & A Distributing Corporation). Upon roll
DEVELOPMENT call, the vote was:
REVENUE AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone,
BONDS Prellberg, Kisslinger, Birchfield, Erbach,
R & A Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan
Distributing NAYS: - 0 - None
Co. ABSENT: 0 - None
Motion declared carried.
RESOLUTION Moved by Ensign, seconded by Meyer, to adopt the recommenda-
Windy Point tion of Building Control and Inspection Committee to
Subdivision adopt the following resolution: BE IT RESOLVED BY THE CITY
Hearings COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, THAT THE
DES PLAINES POLICE DEPARTMENT SHALL BE AUTHORIZED TO SEEK,
FIND AND SERVE ANY AND ALL SUBPOENAS ON ANY PERSON, PERSONS
OR COMPANYS THAT THE BUILDING CONTROL AND INSPECTION
COMMITTEE OF THE CITY COUNCIL DEEMS NECESSARY IN CONNECTION
WITH THE WINDY POINT SUBDIVISION INVESTIGATION.
Motion declared carried.
JR. MAYOR
Jr. Mayor Richard Schwartz at this time thanked the City
of Des Plaines and the Optimist Club of Des Plaines on
behalf of all Jr. City Officials for the opportunity to
serve and further expressed thanks for the activities
of the past week.
CERTIFICATES Jr. Alderman Peter Weiss on behalf of the Fire and Civil
OF APPRECIATION Defense Committee presented Fire Chief Gedroic 6 Certificates
Paramedics of Appreciation to be presented to six paramedics of the
Fire Department for their outstanding services rendered
in connection with saving lives at Axhead Lake recently.
The six paramedics so honored are as follows:
David Dionne, Joseph Dumovich, Patrick Mahoney, Harold
Frish, Michael Copeland and James Heavey
LEAF PICKUP Alderman Kehe's request for investigation into feasibility
PROGRAM of eliminating the City's leaf pick-up program and supplying
bags to homeowners to be picked up with refuse pickup was
referred to Sanitation Committee.
1
CATV
ORDINANCE
Z-26-80
Accessory
Buildings
ORDINANCE
M-54-80
Liquor Lic.
Centaur Rest.
ORDINANCE
M-55-80
Cats
ORDINANCE
M-56-80
Dog
Regulations
ORDINANCE
M-57-80
Alderman
Compensation
ORDINANCE
M-59-80
Ind. Dev. Bonds
Thomas J.
Lipton, Inc.
ZONING CASE
80-49-R
750 E.
Northwest Hwy.
COAGULANT AID
,TELEPHONES
1
JAYCETTES
11/17/80 21.
Page Five
Ald. Kisslinger, Chairman of License and Inspection
Committee reported that the municipalities in the Northwest
Municipal Conference have voted to select a CATV
company jointly to serve all municipalities and that
a committee within the conference has been established
to determine the needs and desires of each community
and determine further the future needs and desires. Each
community will be providing the conference their two or
three final selection ofcompanies for further consideration
by the conference. A meeting of attorneys for the
municipalities will be held December 4th to develop a
franchise ordinance.
Placed on First Reading was Ordinance Z-26-80, AN ORDINANCE
AMENDING THE TEXT OF ARTICLE 3 RESIDENT DISTRICT REGULATIONS
THEREBY ADDING CHANGES IN WORDAGE TO SECTION 3.1.2.11,
HAVING TO DO WITH ACCESSORY BUILDINGS. CASE NO. 80-41-A.
Placed on First Reading was Ordinance M-54-80, AN ORDINANCE
INCREASING CLASS A TAVERN LIQUOR DEALER'S LICENSES EY OII (1)
THEREBY AMENDING SECTION 5-34-16 OF THE DES PLAINES CITY CODE.
Placed on First Reading was Ordinance M-55-80, AN ORDINANCE
AMENDING SECTION 6-3-17 (C) OF THE DES PLAINES CITY CODE
HAVING TO DO WITH THE IMPOUNDMENT OF CATS, THEREBY
INCREASING THE REDEMPTION FEE TO $10.00
Placed on First Reading was Ordinance M-56-80, AN ORDINANCE
AMENDING CHAPTER 4, TITLE VI, OF THE DES PLAINES CITY CODE
HAVING TO DO WITH IMPOUNDING ANIMALS.
Placed on First Reading was Ordinance M-57-80, AN ORDINANCE
AMENDING SECTIONS 1-6-23 AND 1-15-4 (B) 1. OF THE DES PLAINES
CITY CODE, PERTAINING TO COMPENSATION.
Placed on First Reading was Ordinance M-59-80, AN ORDINANCE
AUTHORIZING THE ISSUANCE AND SALE OF $2,000,000 INDUSTRIAL
DEVELOPMENT REVENUE BONDS (THOMAS J. LIPTON, INC. PROJECT)
SERIES A, OF THE CITY OFjDES PLAINES, COOK COUNTY, ILLINOIS,
TO FINANCE CERTAIN BUILDINGS, STRUCTURES AND OTHER FACILITIES
FOR USE BY LAWRY'S FOODS; INC., A WHOLLY-OWNED SUBSIDIARY
OF THOMAS J. LIPTON, INC!, THE EXECUTION AND DELIVERY OF AN
INDENTURE OF TRUST TO SECURE SAID BONDS: THE EXECUTION
AND DELIVERY OF A LOAN AGREEMENT BETWEEN THOMAS J. LIPTON,
INC. AND SAID CITY PROVIDING FOR THE REPAYMENT OF THE LOAN
OF THE PROCEEDS OF SAID BONDS: AND RELATED MATTERS.
The letter from Des Plaines Zoning Board of Appeals re
Case 80-49-R, 750 E. Northwest Highway was referred to
Municipal Development Committee.
Clerk notified City Council that bids for Coagulant Aid
would be received December 3, 1980 at 3 p.m.
City Clerk's letter re purchase of telephone system for
City's Administrative functions was referred to Building
and Grounds Committee.
Letter from Des Plaines 3aycettes requesting use of Herbert
H. Behrel Parking Plaza on August 14th was referred to
Building and Grounds Committee.
OFFER TO Offer to purchase small tract of land at Park and Jefferson
PURCHASE was referred to Building and Grounds Committee.
Park & Pearson
ATTORNEY
Request of City Attorney Smith to consider hiring an attorney
to prosecute two Wednesday's per month was referred to
City Code and Judiciary Committee.
APPOINTMENT:
LEWD
ENTERTAINMENT
1 ADJOURNMENT:
1
1
11/17/80
Page Six
22.
Moved by Erbach, seconded by Kehe, to concur with Mayor's
reappointment of Mr. Robert Birchfield to the Public
Employee's Labor Relations Board, term to expire Nov. 15,
1983. Motion declared carried. Alderman Egan voted No.
Alderman Birchfield abstained from voting due to conflict
of interest.
Mayor's letter requesting Ordinance amendment having to do
with Lewd Entertainment was referred to City Code and
Judiciary Committee.
Moved by Kehe, seconded by Sarlo, that the regar meeting
of the City Council ad' 'rn. Motioj declared a ried.
APPROVED BY ME THIS
DAY
1980
/ci4
Bertha Eleanor Rohrbac
HERBERT H. VOLB
RDING, SR., MAYOR
City Clerk