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03/06/197821. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CIVIC CENTER, MONDAY, March 6, 1978. 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 8:00 P.M. ROLL CALL: Roll Call indicated the following aldermen present,: Koplos, Szabo, Sullivan, Ensign, Leer, Kisslinger, Birchfield, Erbach, Seitz, Abrams. Absent were Aldermen Kehe, Brannigan, Kraves, Sarlo, Meyer, Ward. Also present were: City Treasurer Swanson, City Comptroller Blietz, Commissioner of Public Works Schwab, City Engineer Bowen, Director of Planning and Zoning Richardson, Acting Building Commissioner Trost, Fire Chief Corey, Police Chief Hintz, Health Director Branding, Senior Citizen Coordinator Tapson, Museum Director Fraser, and City Attorney Hug. NORTHWEST Mr. Willaim Muhlenfeld, Executive Director of the Northwest MUNICIPAL Municipal Conference submitted an annual report of the CONFERENCE conference and its activities. MINUTES: Alderman Sarlo arrived at this time. Moved by Sarlo, seconded by Seitz, to approve the Minutes of the regular meeting held February 20, 1978, as published. Motion declared carried. BILLS PAYABLE Moved by Seitz, seconded by Sarlo, to adopt the recommendation of the Finance and Insurance Committee, 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, $352.405.20. Upon roll call, the vote was: AYES: - 12 - Koplos, Szabo, Sullivan, Ensign, Leer, Kisslinger, Birchfield, Erbach, Sarlo, Seitz, Abrams, Mayor NAYS: - 0 - None ABSENT: 5 - Kehe, Brannigan, Kraves, Meyer, Ward. Motion declared carried. YOUTH ACTIVITY Moved by Sullivan, seconded by Birchfield, to adopt PROGRAM the recommendation of the Youth Activity Committee, that the City of Des Plaines enter into a joint agreement with the Des Plaines Park District for the 1978 Youth Activity Program, and authorize the City Attorney to draw up the necessary contract. Motion declared carried. Aldermen Koplos, Szabo, Sarlo voted no. CHANGE ORDERS, Moved by Koplos, seconded by Sarlo, to adopt the WATER & SEWER recommendation of the Water and Sewer Committee, that CONTRACTS change orders for various water and sewer contracts, as stipulated in the City Engineer's letter dated September 17, 1978, Reference No. 78094 be authorized in the amount of $4,120.00 to LoVerde Construction Company of Niles, Illinois. Upon roll call, the vote was: AYES: - 12 - Koplos, Szabo, Sullivan, Ensign, Leer, Kisslinger, Birchfield, Erbach, Sarlo, Seitz, Abrams, Mayor NAYS: - 0 - None ABSENT: 5 - Kehe, Brannigan, Kraves, Meyer, Ward. Motion declared carried. BIDS, CATCH Moved by Koplos, seconded by Sarlo, to adopt the recommenda- BASIN CLEANING tion of the Water and Sewer Committee, that all bids for the Catch Basin Cleaning service be rejected. Motion declared carried. nr) 3/6/78 Page Two 22. RENTAL OF Moved by Koplos, seconded by Leer, to adopt the EQUIPMENT recommendation of the Water and Sewer Committee, that CATCH BASIN City accept the proposal of February 27, 1978 as submitted CLEANING by the Sewer Equipment Company of America, Glenview, Illinois, for the rental of the necessary catch basin cleaning equipment in the amount of $2,640.00 for the month of August, 1978. Upon roll call, the vote was: AYES: - 12 - Koplos, Szabo, Sullivan, Ensing, Leer, Kisslinger, Birchfield, Erbach, Sarlo, Seitz, Abrams, Mayor NAYS: - 0 - None ABSENT: 5 - Kehe, Brannigan, Kraves, Meyer, Ward. Motion declared carried. HISTORICAL Moved by Ensign, seconded by Birchfield, to adopt MUSEUM the recommendation of the Library and Historical Society Committee, to move the Kinder House from its present location on Lee Street to 787 Pearson Street, awarding contracts to Advance Moving Company in the amount of $71,000., earth work to Meyer Material Company in the amount of $2,7.00., waiving the required bid bonds/checks, and to Lundsberg Corporation for concrete work in the amount of $14,900.; all work to be contingent upon negotiations for the carpentry, masonry and plumbing work, cost not to exceed $17,000. The City Clerk be authorized to return all bid bonds/checks to the unsuccessful bidders. All negotiations are to be made by the City Engineer subject to approval of the Library and Historical Society Committee. Upon roll call, the vote was: AYES: - 13 - Koplos, Szabo, Sullivan, Ensign, Leer, Kisslinger, Birchfield, Erbach, Sarlo, Seitz, Meyer, Abrams, Mayor NAYS: - 0 - None ABSENT: 4 - Kehe, Brannigan, Kraves, Ward. Motion declared carried. Alderman Meyer arrived during this time. BICYCLE Moved by Sarlo, seconded by Meyer, to adopt the recommenda- WARDEN tion of the Police Committee to include funds for the PROGRAM Bicycle Warden Program in the 1978 budget. Motion declared 1978 carried. CUL-DE-SACS Moved by Sarlo, seconded by Seitz, to adopt the recommenda- tion of the Streets and Traffic Committee, to authorize the City Engineer in conjunction with the Police and Fire Departments to make a survey of.. all cul-de-sacs within the City of Des Plaines and report findings to Streets and Traffic Committee for study and report. Motion declared carried. WOLF ROAD SNOW ROUTE Moved by Sarlo, seconded by Meyer, to adopt the recommenda- tion of the Streets and Traffic Committee, to include Wolf Road from Touhy Avenue to Central Road in the snow route ordinance and authorize the City Attorney to draft the necessary amendment to the ordinance for further consideration. Motion declared carried. WARNING SIREN Motion deferred February 6, 1978, as follows, was brought MAINTENANCE to the floor: Moved by Seitz, seconded by Leer to Adopt the recommendation of the Fire and Civil Defense Committee, to award the contract for Warning Siren Mainten7. ance to G & I Electric Company in the amount of $19.25 per hour. Moved by Koplos, seconded by Meyer to Defer action to allow time to further review all contracts. Moved by Seitz, seconded by Leer to Withdraw the deferred motion of February 6, 1978. 3/6/78 23. Page three WARNING SIREN Moved by Seitz, seconded by Meyer, to adopt the MAINTENANCE recommendation of the Fire and Civil Defense Committee, CONT. to award the contract for Warning Siren Maintenance to Anderson Brothers Electric, Mt. Prospect, Illinois in the amount of $18.00 per hour. Upon roll call, the vote was: AYES: - 13 - Koplos, Szabo, Sullivan, Ensign, Leer, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Mayor NAYS: - 0 - None ABSENT: 4 - Kehe, Brannigan, Kraves, Ward. Motion declared carried. POLICE DEPT. Motion deferred February 20, 1978, as follows was SUPERVISORS brought to the floor. Moved by Erbach, seconded by PAY PLAN Birchfield, to adopt the recommendation of the Special Employees Relations Committee to approve the pay plan for Police Department Supervisors as submitted in their letter of October 1977, to remain within the Pass/Fail System, pay commensurate with the pay step be retained upon promotion, evaluations be conducted during April and October and pay raises be effective May 1st of each year. Moved by Szabc, seconded by Sullivan, to defer action awaiting input from the City's consultants. Moved by Erbach, seconded by Birchfield to Withdraw the original motion. COMPENSATORY Motion deferred February 20, 1978, as follows was brought TIME to the floor. Moved by Erbach, seconded by Birchfield, to adopt the recommendation of the Special Employee Relations Committee to allow employees who receive compensatory time to use said time for any illnesses of one or two days duration; for three days or more, the employee must use sick days and when sick days accumulated are used, compensatory time may be used. Moved by Szabo, seconded by Leer to defer action. Moved by Erbach, seconded by Birchfield to Withdraw the orginal motion. Alderman Ward arrived at this time. ZONING CASE 78-7-V, Moved by Szabo, seconded by Koplos, to adopt the 1372 Redeker Rd. recommendation of the Municipal Development Committee to concur with the Zoning Board of Appeals in Case 78-7-V 'to grant the variation at 1372 Redeker Road, City Attorney to draft the necessary ordinance. Motion declared carried. ZONING CASE 78-9-V Bellaire & Ballard Rds. Moved by Szabo, seconded by Meyer, to adopt the recommendation of the Municipal Development Committee to concur with the Zoning Board of Appeals in Case 78-9-V, to grant variation at the northeast corner of Bellaire and Ballard Roads, City Attorney to draft the necessary ordinance. Motion declared carried. Alderman Koplos abstained due to ownership involved. Alderman Abrams abstained as representing attorney. HERBERT H. Moved by Erbach, seconded by Koplos, to adopt the BEHREL PARK- recommendation of the Public Buildings, Grounds and ING LOT RENTAL Parking Lots Committee, to deny the request of the Swap Shop, Inc., Niles, Illinois for the rental of the Herbert H. Behrel Parking Plaza on Sundays to conduct a flea market. Motion declared carried. LEASE Moved by Erbach, seconded by Kisslinger, to adopt AGREEMENT the recommendation of the Public Buildings, Grounds and Parking Lots Committee, to terminate the lease agreement for fourth floor office space in Civic Center as requested by Congressman Abner J. Mikva, effective March 31, 1978. Motion declared carried. n10 ORDINANCE M-6-78 TRANSFER OF FUNDS SPEED LIMIT, WOLF RD. ORDINANCE Z-4-78 ORDINANCE M-7-78 LEGAL SUIT LIQUOR LICENSE, CLASS H PARKING, BIRCHWOOD AVE. COOK COUNTY ZONING DOCKET #3083 ZONING CASE 78-12-R, THACKER ST. ZONING CASE 78-13-R, 517 LAUREL AV. BIDS SEWER RECAPTURE 3/6/78 Page Four 24. Moved by Seitz, seconded by Kisslinger, to adopt Ordinance M-6-78, AN ORDINANCE PROVIDING FOR THE TRANSFER OF APPROPRIATION WITHIN FUNDS. Upon roll call,, the vote was: AYES: - 14 - Koplos, Szabo, Sullivan, Ensign, Leer, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: - 0 - None ABSENT: 3 - Kehe, Brannigan, Kraves Motion declared carried. Request from Cumberland School PTA to reduce speed limit on Wolf Road, south and north of Drake Lane, submitted by Alderman Meyer, was referred to the City Engineer to contact the Illinois Department of Transportation. Placed on First Reading was Ordinance Z-4-78, AN ORDINANCE CREATING A PLANNED UNIT DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT BY ALTERING THE TIME PERIODS SET OUT IN SECTION 3 THEREOF. Placed on First Reading was Ordinance M-7-78, AN ORDINANCE MARKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR ENDING DECMENBER 31, 1978. Referred to City Code and Judiciary Committee, was a legal Suit, Royal Court Inn, Ltd., vs. City of Des Plaines and Mr. Arthur Janos, Arthur's Restaurant and Lounge, 1571 Elmhurst Road. The application from owner of Barnaby's Restaurant, 636 E. Touhy Avenue requesting a Class H liquor license, was referred to the License and Inspection Committee for study and report. Letter from C -Line Products, Inc., 1530 Birchwood Avenue having to do with parking of trailers and trucks;on Birchwood Avenue, was referred to the Streets and Traffic Committee for study and report. Mayor Volberding requested Director of Planning and Zoning Richardson to attend the hearing on March 10, 1978 regarding Cook County Zoning Docket No. 3083. Letter from Des Plaines Zoning Board of Appeals regarding Zoning Case 78-12-R, 1436 Thacker Street, was referred to the Municipal Development Committee for study and report. Letter from Des Plaines Zoning Board of Zoning Case 78-13-R, 517 Laurel Avenue, the Municipal Development Committee for Appeals regarding was referred to study and report. The Clerk announced that bids would not be received on March 8, 1978 for the second floor in the Civic Center. Also, bids for automobile maintenance service, body and fender maintenance, and car wash service would be received on March 10, 1978, 3 P.M., and bids for trees for Spring Planting, 1978 would be received on March 23, 197E at 3 P.M. The request of Mrs. Elizabeth St. Germain, 1741 Central Avenue as to payment of sewer recapture fee, was referred to the Water and Sewer Committee and City Code and Judiciary Committee. 3/6/78 Page Five APPOINTMENTS, Moved by Erbach, seconded by Sarlo, to concur with DEPARTMENT Mayor Volberding's appointment of Mr. Arthur Hintz HEADS as Chief of Police effective immediately, term to expire April 30, 1981. Motion declared carried. Moved by Seitz, seconded by Sarlo, to concur with Mayor Volberding's appointment of Mr. Donald H. Corey as Fire Chief, effective immediately, term to expire April 30, 1981. Motion declared carried. 25. Moved by Ensign, seconded by Birchfield, to concur with Mayor Volberding's appointment of Mrs. Jean Branding as Health Director, effective immediately, term to expire April 30, 1981. Motion declared carried. Moved by Sarlo, seconded by Sullivan, to concur with Mayor Volberding's appointment of Mr. Duane Blietz as City Comptroller, effective immediately, term to expire April 30, 1981. Motion declared carried. Referred to City Attorney Hug was Alderman Ensign's request for a Legal Opinion as to validity of Mayor's appointment re City Comptroller. CORPORATION Moved by Erbach, seconded by Birchfield, to concur with COUNSEL Mayor Volberding's appointment of Mr. Burton S. Odelson to position of Corporation Counsel for the City of Des Plaines, effective immediately, at an hourly rate of $50.00; $60.00 per hour trial time, term to expire April 30, 1981. After considerable discussion, it was moved by Sullivan, seconded by Ward, that this motion be Tabled. Upon roll call, the vote was: AYES: - 5 - Sullivan, Kisslinger, Birchfield, Erbach, Ward NAYS: - 9 - Koplos, Szabo, Ensign, Leer, Sarlo., Meyer, Seitz, Abrams , ABSENT: 3 - Kehe, Brannigan, Kraves Motion declared Lost Moved by Erbach, seconded by Birchfield, to Withdraw the original motion to concur with Mayor Volberding's appointment of Mr. Burton S. Odelson to position of Corporation Counsel for the City of Des Plaines, effective immediately, at an hourly rate of $50.00; $60.00 per hour trial time, term to expire April 30, 1981., and requested it be referred to City Code and Judiciary for executive session. Moved by Abrams, seconded by Szabo, to adopt a Resolution declaring that Mr. Burton S. Odelson not serve in any legal capacity for renumeration. At this time Mayor Volberding relinquished the Chair to Alderman Koplos and addressed the Council in support of Mr. Odelson. Members of Council also questioned Mr. Odelson. Mayor Volberding resumed the Chair, and on the original motion to adopt a Resolution declaring that Mr. Burton S. Odelson not serve in any legal capacity for renumeration, the motion was declared carried. Alderman Ensign voted no. Moved by Meyer, seconded by Abrams that the position of Corporation Counsel be deleted. Mayor Volberding then withdrew the temporary appointment of acting Corporation Counsel Mr. Burton S. Odelson and referred the matter to the City Code and Judiciary Committee for further consideration and requested council make effort to come to a conclusion by the May 1st council meeting. 3/6/78 26. Page Six SPECIAL Moved by Ensign, seconded by Seitz, to extend the EMPLOYEE Special Employee Relations Committee for a 90 -day RELATIONS period. Upon roll call, the vote was: COMMITTEE AYES: - 3 - Sullivan, Ensign, Birchfield NAYS: - 10 - Koplos, Szabo, Leer, Kisslinger, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward ABSENT: 3 - Kehe, Brannigan, Kraves Motion declared Lost. Alderman Erbach requested that all matters in the Special Employee Relations Committee be referred to the Health and Welfare and. Finance and Insurance Committees. ADJOURNMENT: Moved by Leer, seconded by Ensign, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:42 P.M. APPROVED BY ME THIS / DAY OF , 1978 HERBERT H. VOLBERDING, MAYOR 1 . T ost,'Deputy City Clerk