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03/20/197827. 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 20, 1978 CALL TO ORDER: The regular meeting of the City Council of the City of 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, Kehe, Ensign, Leer, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Seitz, Abrams, Ward. Alderman Meyer arrived following Prayer and Pledge. Also present were: City Treasurer Swanson, City Comptroller Blietz, Commissioner of Public Works Schwab, City Engineer Bowen, Director of Zoning and Planning Richardson, Acting Building Commissioner Trost, Fire Chief Corey, Police Chief Hintz, Health Director Branding, Environmental Officer Lindahl and City Attorney Hug. PRAYER & PLEDGE MINUTES: The meeting opened with Prayer by Rev. Keith Davis, pastor of the Church of the Master, followed by the Pledge of Allegiance to the flag. Moved by Erbach, seconded by Seitz, to approve the Minutes as corrected as follows: Page 4, Paragraph 3, change Z-4-68 to Z-4-78. Motion declared carried. NORTHWEST Moved by Ward, seconded by Seitz, to adopt the recommenda- MUNICIPAL tion of Finance and Insurance Committee that the City CONFERENCE defray the costs for City Officials to attend the annual meeting of the Northwest Municipal Conference on April 28. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Brannigan 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, $289,784.83. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Brannigan Motion declared carried. SIDEWALKS Maple St. Moved by Sarlo, seconded by Meyer, to adopt the recommenda- tion of Streets and Traffic Committee to install sidewalks on the west side of Maple Street from Touhy Avenue to Pratt Avenue, all property owners involved in Special Assessment 190 to receive 100% public benefit and remaining property owners to be assessed according to City's previously adopted formula. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Brannigan Motion declared carried. 50/50 Moved by Sarlo, seconded by Kraves, to adopt the recommenda- Sidewalk tion of Streets and Traffic Committee to authorize City Reconstruction Clerk to advertise for bids for the sidewalk 50/50 reconstruction program, Elmhurst Road sidewalk (east side) and Maple Street sidewalk, returnable April 14, 1978. Motion declared carried. 3/20/78 Page Two 28. Alderman Brannigan arrived at this time CITY PROPERTY Moved by Erbach, seconded by Kisslinger, to authorize REPAIRS Commissioner of Public Works to repair the building at 1608 Thacker 1608 Thacker Street at a cost not to exceed $2,000.00 with city crews. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding 0 - None 0 - None COUNCIL CHAMBERS CUSHIONING LANDSCAPE DEVELOPMENT HHB PARKING PLAZA BEAUTIFICATION PROGRAM 1978 RECAPTURE FEE Ms. Germain RESOLUTION R-3-78 Youth Activity Program SIGN 795 W. Golf MAYER'5 RESUBDIVISION 2268 Elmira NAYS: ABSENT: Motion declared carried. Moved by Erbach, seconded by Leer, to adopt the recommenda- tion of Public Buildings, Grounds and Parking Lots Committee that no cushions be purchased for the City Council Chambers seats at this time. Motion declared carried. Moved by Birchfield, seconded by Meyer, to adopt the recommendation of Beautification and Forestry Committee to reject all bids, returning all bid bonds or checks, received for the Landscape Development of the Herbert H. Behrel Parking Plaza and readvertise for bids for landscaping materials only, returnable April 12, 1978, at 3 P.M. Motion declared carried. Moved by Birchfield, seconded by Meyer, to adopt the recommendation of Beautification and Forestry Committee to approve the proposed beautification projects and apply for necessary State of Illinois permits: Tree planting on the east side of Elmhurst Road from Millers Road north to Dulles Road; beautification of Elk and Lee Streets, approx. $423 and River Road and Lee Streets at approximately $2,928.00. Upon roll call the vote was: AYES: - 17 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Koplos, seconded by Kisslinger, to adopt the recommendation of Water and Sewer and City Code and Judiciary Committees that the City hold in escrow the amount of $329.28 until the expiration of the Ray & Waltmire recapture agreement, and if unclaimed at that time by the rightful parties, the amount of $329.28 revert back to Mrs. Elizabeth St. Germain, 1741 Central Avenue. Motion declared carried. Moved by Sullivan, seconded by Erbach, to suspend the rules and place before the City Council Resolution R-3-78. Motion declared carried. Moved by Sullivan, seconded by Kehe, to adopt Resolution R-3-78, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOS, AUTHORIZING SIGNATURE OF CONTRACT WITH DES PLAINES PARK DISTRICT CONCERNING YOUTH PROGRAM FOR 1978. Following discussion, moved by Sullivan, seconded by Kehe, to table the motion. Motion declared carried. Moved by Leer, seconded by Koplos, to adopt the recommenda- tion of Building Control and Inspection Committee to grant a sign variation for a new 20 ft. high sign with 150 sq. ft. area to owner at 795 W. Golf Road. Motion declared carried. Moved by Szabo, seconded by Meyer, to adopt the recommenda- tion of Municipal Development Committee to approve Plat of Mayer's Resubdivision, 2268 Elmira Avenue, and authorize Mayor and City Clerk to execute same. Motion declared carried. YF AMBULANCE (Sale of) FIRE DEPT. RADIO EQUIPMENT NOISE Ordinance LEGAL SUIT Royal Ct. Inn SUIT Warren Pratt CORPORATION COUNSEL PRAIRIE AVE. PARKING LOT Easements ORDINANCE M-7-78 'ppropriation :Ordinance 2�• 3/20/78 Page Three • Moved by Seitz, seconded by Brannigan, to adopt the recommendation of Fire and Civil Defense Committee to authorize the City Clerk to advertise for bids offering the 1968 Ambulance for sale. Bid date to be announced. Motion declared carried. Moved by Seitz, seconded by Szabo, to adopt the recommendation of Fire and Civil Defense Committee to purchase a telemetry radio and Life -Pak 5 from Motorola Communications, for a total cost of $10,455, waiving the usual bid procedure. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Kraves, seconded by Sullivan, to adopt the recommenda- tion of Environmental Controls Committee to amend the City's Ordinance re Control of Unwarranted Noises, as recommended by Environmental Officer Lindahl, City Attorney to draft the necessary ordinance. Motion declared carried. Moved by Abrams, seconded by Koplos, to adopt the recommenda- tion of City Code and Judiciary Committee to authorize City Attorney to defend the City in Suit, Royal Court Inn VS City of Des Plaines and Arthur's Restaurant. Motion declared carried. Moved by Abrams, seconded by Meyer, to adopt the recommendation of City Code and Judiciary Committee to authorize and direct City Attorney to defend the City in the suit, Warren Pratt VS City of Des Plaines and Civil Service Commission. Motion declared carried. Moved by Abrams, seconded by Kisslinger, to adopt the recom- mendation of City Code and Judiciary Committee not to fill the position of Corporation Counsel at this time, but to assign extra matters on a case to case basis to individual law firms retained by the City when necessary. Motion declared carried. Moved by Abrams, seconded by Meyer, to adopt the recommendation of City Code and Judiciary Committee that the City engage the services of Attorney Arthur Scheller of Park Ridge to review and resolve the matter of certain easements in the Prairie Avenue Parking Lot, at the rate of $50 per hour, not to exceed twenty hours, Mayor Volberding sharing 50% of the cost not to exceed $500. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Ward, seconded by Seitz, to adopt 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 DECEMBER 31, 1978. Moved by Ward, seconded by Seitz, to amend Ordinance M-7-78, changing Corporation Counsel fees to $100 and increasing Legal Fees to $29,900. Motion to amend declared carried. Moved by Ward, seconded by Seitz, to further amend Ordinance M-7-78, Youth Activity 303000 by changing Salaries of Adult Supervisors to $100 and Youth Activity Program Expense to $100. Considerable discussion followed and with the permission of City Council Rev. Jackson of the Youth Commission addressed the City Council urging that the Youth Activity budget not be amended. tWi/ 3%20/78 Page Four 30. ORDINANCE Upon roll call on the motion to amend, the vote was: M-7-78 AYES: - 3 - Seitz, Abrams, Ward Continued NAYS: 13 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer ABSENT: 0 - None Motion to amend declared lost. Moved by Abrams, seconded by Meyer, to further amend Ordinance M-7-78, Engineering 181000 deleting the item of Salary of Traffic Engineer, $23,020, and transfer the amount to Salary of Temporary Personnel. Following discussion, the letter from Mayor's Downtown Advisory Committee was read urging that City Council retain a traffic engineer. Upon roll call, the vote was: AYES: - 9 KCzg1QSSzabb,i EBSigfl; epr: _KiAgl n er Sado - Meyer..Seitz., Abrams NAYS: 8 - Sullivan, Kehe, Brannigan, Birchfield, Erbach, Kraves, Ward, Mayor Volberding. ABSENT: 0 - None Motion to amend declared carried. Moved by Abrams, seconded by Meyer, to further amend Ordinance M-7-78, Engineering 181000 deleting the item of Salary of Inspector, $9,274.00 and transfer to Salary of Temporary Personnel. Motion to amend declared carried. Aldermen Erbach, Ward, and Mayor Volberding voted No. Moved by Kehe, seconded by Abrams, to further amend Ordinance M-7-78, Police Department - Supporting Services 121040, increasing the item of Disposition of Animals to $6,900. Motion to amend declared carried. Upon roll call on motion to adopt Ordinance M-7-78 as amended, the vote was: AYES: 16 - Koplos, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 1 - Szabo ABSENT: 0 - None Motion declared carried. ORDINANCE Moved by Kehe, seconded by Meyer, to adopt Ordinance Z-4-78, Z-4-78 AN ORDINANCE CREATING A PLANNED UNIT DEVELOPMENT IN THE CENTRAL Downtown BUSINESS DISTRICT BY ALTERING THE TIME PERIODS SET OUT IN PUD SECTION 3 THEREOF. Upon roll call, the vote was: AYES: - 15 - Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kisslinger (stepped out of room at time of vote) ABSTAIN: 1 - Koplos, as he is a stockholder in the First National Bank of Des Plaines Motion declared carried. ORDINANCE Placed on First Reading was Ordinance T-2-78, AN ORDINANCE T-2-78 AMENDING SECTION 10-5-18 OF THE CITY CODE HAVING TO DO WITH Wolf Rd. SNOW ROUTES BY ADDING THERETO WOLF ROAD FROM TOUHY AVENUE Snow Route TO CENTRAL ROAD. ORDINANCE Placed on First Reading was Ordinance M-8-78, AN ORDINANCE M-8-78 AMENDING TITLE V OF THE CITY CODE HAVING TO DO WITH AUTOMATIC Automatic DIALING DEVICES BY AUTHORIZING THE SAME, ESTABLISHING CERTAIN Dialing STANDARDS AND REGULATIONS THEREOF, AMENDING THE FEES THEREFOR Devices AND REPEALING OUTDATED REFERENCES AND PROVISIONS. ORDINANCE Placed on First Reading was Ordinance Z-5-78, AN ORDINANCE Z-5-78 GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY Bellaire & OF DES PLAINES, ILLINOIS, CASE NO. 78-9-V., property located Ballard at the northeast corner of Bellaire and Ballard 1 1 ORDINANCE Z-6-78 1372 Redeker LECHNER'S SUBDIVISION ZONING CASES LIQUOR LIC. Cafe La6ave 3/20/78 31." Page Five Placed on First Reading was Ordinance Z-6-78, AN ORDINANCE GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE NO. 78-7-V, property located at 1372 Redeker Road. Plat of Lechner's Subdivision, Bellaire & Lyman approved by the Plan Commission was referred to the Municipal Development Committee. Letters from the Des Plaines Zoning Board of Appeals re the following cases were referred to the Municipal Development Committee: Case 78-16-V - 1648-50 River Street Case 78 -10 -SU - 855 E. Touhy Ave. Case 78-11-V - 1958 Illinois Street Case 78 -4 -SU - 2655 Mannheim Road The application of new owners of Cafe LaCave Restaurant for a liquor license at 2733 Mannheim Road was referred to the License and Inspection Committee. COOK CO. Moved by Koplos, seconded by Sarlo, to direct City Attorney ZONING DOCKETS to appear at the hearings to object to the re -zoning request 3090, 3091, recited in Cook Co. Zoning Dockets 3090, 3091 and 3094, 3094 property located at Central Road and Dearlove Road. Motion declared carried. PROTEST PETITION 850 Oakton PUD APPOINTMENTS Environmental Commission TRAFFIC LEE & THACKER ADJOURNMENT: Protest Petition and Petitions objecting to Zoning Case 78 -3 -PUD, 850 Oakton Street were referred to City Attorney and Municipal Development Committee. /f/rgues Moved by Sarlo, seconded by -Clark, to concur with Mayor Volberding's appointment of the following to the Environmental Control Commission Mr. Richard Herout - term to expire March 31, 1979 Mr. Robert Clark - term to expire March 31, 1979. Motion declared carried. Alderman Leer's request to review and make recommendations for improvement of the intersection of Lee and Thacker Streets particularly during time of construction at the northeast corner was referred to the Traffic Commission and Streets and Traffic Committee and City Engineer. Moved by Leer, seconded by Sarlo, that the regular me ting of the City Council adjourn. Motion declarecarried. /' /Areet_ e_e_r,,„- - Bertha Eleanor Rohrbach,, ity Clerk APPROVED BY ME THIS IC DA/7 nF / / • S. 41Irmildittitadel---- E!'BERT H. VOLBERDING, MAYOR , 1978