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05/15/19781 51. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CIVIC CENTER, MONDAY, May 15, 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 8:10 P.M. ROLL CALL: Roll Call indicated thefollowing aldermen present: Koplos, Szabo, Kehe, Ensign, Leer, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward. Absent were Aldermen Sullivan, Brannigan and Kisslinger Also present were: Assistant Comptroller Placko, Commissioner of Public Works Schwab, City Engineer Bowen, Acting Building Commissioner Trost, Fire Chief Gedroic, Police Captain Mensching, Health Director Branding, Director of Zoning and Planning Richardson, and City Attorney Hug. PRAYER AND The meeting opened with Prayer by Rabbi Jay Karzen followed PLEDGE by the Pledge of Allegiance to the flag. MINUTES: Moved by Kehe, seconded by Seitz, to approve the Minutes of the regular meeting as published. Ald. Koplos proposed the following corrections: Page Six, Paragraph Ordinance Z-8-78, strike Ayes: 14 and insert Ayes: 13; Page Seven, Paragraph three, subparagraph two, add "Koehler" after "Franz" in line two. After correction, motion declared carried. BILLS PAYABLE 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, $231,362.86. Upon roll call, the vote was: AYES: - 14 - Koplos, Szabo, Kehe, Ensign, Leer, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 3 - Sullivan, Brannigan, Kisslinger Motion declared carried. YOUTH ACTIVITY PROGRAM COUNT -IN COUNT -OUT SYSTEM Herbert H. Behrel Parking Plaza -, MFT STREET MAINTENANCE At the request of Alderman Birchfield, Mr. Sam Tapson submitted the Project Design and Program Content of activities to be held during the summer months in accordance with the formal agreement with the Des Plaines Park District. Moved by Erbach, seconded by Seitz, to adopt the recommenda- tion of Public Buildings, Grounds and Parking Lots Committee to allow the Des Plaines Mall Corporation to install a Count -In -Count -Out system in the Herbert H. Behrel Parking Plaza, at no cost to the city - City to maintain the system after installation and the City Engineer to review the plans previous to installation. Upon roll call, the vote was: AYES: - 14 - Szabo, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 2 - Sullivan, Kisslinger ABSTAIN 1 - Alderman Koplos Motion declared carried. (Alderman Brannigan arrived during the report above). Moved by Sarlo, seconded by Brannigan, to adopt the recom- mendation of Streets and Traffic Committee to adopt a resolution appropriating $280,000 MFT Funds for the 1978 Street Maintenance Program, and to transfer MFT funds from the Pearson-Ellinwood Traffic Lights to the Street Maintenance Program. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 2 - Sullivan, Kisslinger Motion declared carried. Alderman Kisslinger arrived at this time. STREET EVALUATION PROGRAM MFT #77- 00113 -01 -ES Phase 2 STREET LIGHTING S -Curve Mannheim Rd. U.S.RT 14 and Rand Rd. Intersection PUBLIC WORKS EQUIPMENT Brush Chipper TREE TRIMMING ARCHITECTURAL SERVICE Herbert H. Behrel Parking Plaza 5/15/78 Page Two 52. Moved by Sarlo, seconded by Meyer, to adopt the recommendation of Streets and Traffic Committee to authorize Mayor and City Clerk to sign the agreement with Novak and Dempsey and Associates inthe amount of $25,000 for the Street Evaluation Program, Phase II and further to adopt a resolution appropriating $25,000 MFT Funds for the Street Evaluation Program, Phase II. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Kisslinger,Mayor Volberding NAYS: 0 - None ABSENT: 1 Sullivan, Motion declared carried. Moved by Sarlo, seconded by Erbach, to adopt the recommenda- tion of Streets and Traffic Committee to waive the usual bid procedure and authorize H & H Electric Company to install street lighting on the S -Curve, Mannheim Road, at a cost of $15,800.00, Funds to be used from Federal Revenue Sharing. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Ensign, Leer, Brannigan, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Kisslinger, Maygr Volberding 0 - None NAYS: ABSENT: 1 - Sullivan Motion declared carried. Moved by Sarlo, seconded by Brannigan, to adopt the recommenda- tion of Streets and Traffic Committee to authorize Mayor and City Clerk to sign Letter of Understanding with State of Illinois regarding the improvement of Rand Road and U. S. Route 14, by the State of Illinois, at no cost to the City. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Sullivan Motion declared carried. Moved by Sarlo, seconded by Meyer, to adopt the recommendation of Streets and Traffic Committee to award the bid for the Brush Chipper to Lehigh Equipment Sales in the amount of $6,850.00, bid bonds or checks to be returned to unsuccessful bidders. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Sullivan Motion declared carried. Moved by Birchfield, seconded by Erbach, to adopt the recom- mendation of Beautification and Forestry Committee to award the contract for tree trimming to the lowest bidder, Superior Landscaping, at a cost of $12 up to and including 12"; $29.00 for 13" to 24"; $31.00 for 25" to 36"; $35.00 for 37" to 48" and $40 for 49" and over. Upon roll call the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Sullivan Motion declared carried. Moved by Birchfield, seconded by Ensign, to adopt the recom- mendation of Beautification and Forestry Committee to authorize the issuance of a check in the amount of $362.50 in payment of Landscape Architectural Services for the Herbert H. Behrel Parking Plaza, to Planning Horizons - which represents 14.5 hours at $25 per hour. Upon roll call the vote was: LANDSCAPE ARCHITECT Continued ZONING CASE 78 -3 -PUD 850 E. Oakton ZONING CASE 78 -17 -SU 34 N. River ZONING CASE 78-20-R 1101 S. Elmhurst Rd. ZONING CASE b 78-24-V Rand/Wolf SANDRA'S RESUBDIVISION 970 North Ave. ARLINGTON - PRAIRIE RESUBDIVISION ZONING CASE 78 -25 -SU 1685 Oakton REFUSE PICK UP SECOND FLOOR ADDITION Des Plaines Civic Center APPOINTMENTS DEPARTMENT HEADS 5/15/78 53. Page Three AYES: - 16 - Koplos, Szabo, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Sullivan Motion declared carried. Moved by Szabo, seconded by Leer, to adopt the recommendation of Municipal Development Committee to deny petition for' PUD, Zoning Case 78 -3 -PUD, property located at 850 E. Oakton Street. Motion declared carried. Moved by Szabo, seconded by Koplos, to adopt the recommenda- tion of Municipal Development to concur with Zoning Board of Appeals in Case 78 -17 -SU, to grant petition, property located at 34 N. River Rd., City Attorney to draft necessary ordinance. Alderman Meyer requested that the record show that the owner indicated that he would not return to the City Council for a liquor license in connection with restaurant use at a future date. Motion declared carried. Moved by Szabo, seconded by Meyer, to adopt the recommendation of Municipal Development Committee to concur with Zoning Board of Appeals in Case 78-20-R, property located at 1101 S. Elmhurst Road, to grant petition to rezone to C-2 Commercial City Attorney to draft necessary ordinance. Motion declared carried. Moved by Szabo, seconded by Seitz, to adopt the recommendation of Municipal Development Committee to concur with Zoning. Board of Appeals in Case 78-24-V, to grant petition for variation from the required 55' frontage in proposed Wolf Point Subdivision. Motion declared carried. Moved by Szabo, seconded by Brannigan, to adopt the recom- mendation to deny Plat of Sandra's Resubdivision, located at 970 North Avenue. Motion declared carried. Moved by Szabo, seconded by Koplos, to adopt the recommenda- tion of Municipal Development Committee to approve the Plat of Arlington -Prairie Resubdivision located at 904 Arlington Avenue, Mayor and City Clerk to sign plat. Motion declared carried. Moved by Szabo, seconded by Kehe, to adopt the recommendation of Municipal Development Committee to concur with Zoning Board of Appeals in Case 78 -25 -SU, property located at 1685 Oakton Street. Motion declared carried. Moved by Brannigan, seconded by Ensign, to adopt the recom- mendation of Sanitation Committee to authorize Commissioner of Public Works to draw specifications to be reviewed by the Sanitation Committee, City Attorney, Commissioner of Public Works and City Comptroller for the letting of bids for Private Scavenger Pick up of refuse, bids to be returned July 7, 1978. Motion declared carried. Moved by Erbach, seconded by Koplos, to extend the bid opening date for the Second Floor Addition to Des Plaines Civic Center to May 31, 1978, at 3 P.M., as specifications and plans have not been received from Holmes and Fox Architects. Motion declared carried. Moved by Kraves, seconded by Seitz, to concur with Mayor Volberding's appointment of Charles Hug as City Attorney, term to expire with Mayor's term of office. Motion declared carried. Moved by Kraves, seconded by Kehe, to concur with Mayor Volberding's appointment of Robert Bowen as City Engineer, term to expire with Mayor's term of office. Motion declared carried. �g� APPOINTMENTS Continued ORDINANCE T-4-78 Parking Semi -trailers ORDINANCE M-14-78 Citation Violation Fees PETITION Class A Tavern Liquor Dealer's Licenses BETHSCHEIDER -MUNAO RESUB. BID NOTIFICATION IIIORDINANCE M-15-78 Flammable Liquid Fees ORDINANCE M-16-78 Offensive Lights ORDINANCE M-17-78 Vacation Alley Prairie Des Plaines Avenue 5/15/78 Page Four 54. Moved by Birchfield, seconded by Ensign, to concur with Mayor Volberding's appointment of Michael Richardson as Director of Planning and Zoning, term to expire with Mayor's term of office. Motion declared carried. Moved by Koplos, seconded by Leer, to concur with Mayor Volberding's appointment of Leonard Trost as Building Commissioner, term to expire with Mayor's term of office. Motion declared carried. Moved by Sarlo, seconded by Kraves, to waive First Reading and place on passage Ordinance T-4-78, AN ORDINANCE AMENDING SECTION 10-5-2 OF THE CITY CODE HAVING TO DO WITH PROHIBITED PARKING BY ADDING THERETO A NEW SUBSECTION (G) WHICH PROHIBITS THE PARKING OF DETACHED SEMITRAILERS EXCEPT IN EMERGENCY SITUATIONS. Motion declared carried. Moved by Sarlo, seconded by Erbach, to adopt Ordinance T-4-78. Upon roll call the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Sullivan Motion declared carried. Moved by Erbach, seconded by Sarlo, to waive First Reading and place on passage Ordinance M-14-78, AN ORDINANCE AMENDING SECTION 6-10-5 OF THE CITY CODE HAVING TO DO WITH SCHEDULE OF PAYMENTS OF CITATIONS BY ADDING THERETO AN AMOUNT OF $25.00 FOR VIOLATIONS OF SECTION 10-5-2 (G). Motion declared carried. Moved by Erbach, seconded by Sarlo, to adopt Ordinance M-14-78. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Sullivan Motion declared carried. Clerk submitted Petition signed by seven owners of Bulk Sales Liquor stores. Mayor Volberding left the chair to debate the question. Alderman Koplos assumed the chair. Moved by Seitz, seconded by Brannigan, to concur with Mayor Volberding's request to place a moratorium on the issuance of any building permits for the expansion of facilities for the sale of alcholic liquor not for consumption on the premises where sold to any holder of a Class A Tavern Liquor Dealer's license. Motion declared carried. Mayor Volberding assumed the chair. Plat of Bethscheider-Munae Resubdivision, located at 2153 and 2145 S. Wolf Road was referred to the Municipal Development Committee. City Clerk notified the City Council that bids for a dumptruck with spreader and plow would be received May 24, 1978 for a Police Squadrol on June 9, 1978, at 3 P.M. and for an Asphalt Roller on June 1, 1978, at 3 P.M. Placed on First Reading was Ordinance M-15-78, AN ORDINANCE AMENDING SECTION 7-2-45 OF THE CITY CODE HAVING TO DO WITH FLAMMABLE AND COMBUSTIBLE LIQUIDS TEST EQUIPMENT OPERATORS BY REQUIRING A LICENSE THEREFOR AND AMENDING SECTION 5-1-3.1 BY ESTABLISHING A FEE OF $20 THEREFOR. Placed on First Reading was Ordinance M-16-78, AN ORDINANCE AMENDING SECTION 8-7-1 OF THE CITY CODE HAVING TO DO WITH NUISANCES BY ADDING THERETO A NEW (T) PROHIBITING OFFENSIVE LIGHTS. Placed on First Reading was Ordinance M-17-78, AN ORDINANCE VACATING A PORTION OF THE PUBLIC ALLEY SOUTH OF PRAIRIE AVENUE AND WEST OF DES PLAINES AVENUE AND ACCEPTION DEDICATION OF A PORTION OF PRAIRIE AVENUE. 4v/ ORDINANCE M-18-78 Liquor Lic. ORDINANCE T-5-78 City Parking Lot Rates ORDINANCE Z-10-78 1350 Miner ORDINANCE Z-11-78 1685 Oakton ORDINANCE Z-12-78 N.E. Corner Rand and Wolf RESOLUTION R-7-78 240 Diamond Head Dr. Encroachment APPOINTMENTS ADJOURNMENT APPROVED BY DA 5/15/78 55. Page Five Placed on First Reading was Ordinance M-18-78, AN ORDINANCE INCREASING CLASS H BEER AND WINE ONLY LICENSES BY ONE (1) AND DECREASING CLASS F BEER ONLY LICENSES BY ONE (1)- (Barnaby's Restaurant). Placed on First Reading was Ordinance T-5-78, AN ORDINANCE AMENDING SECTION 10-11-12 OF THE CITY CODE HAVING TO DO WITH CITY PARKING LOTS BY ESTABLISHING A RATE OF 25 PER HOUR FOR LOT 14 AND BY ELIMINATING OUTDATED PROVISIONS. Placed on First Reading was Ordinance Z-10-78, AN ORDINANCE AUTHORIZING A SPECIAL USE TO ERECT A METAL CANOPY OVER GASOLINE DISPENSERS AND REZONING FROM R-5 CENTRAL CORE MULTIPLE FAMILY TO C-2 COMMERCIAL, AT 1350 MINER STREET, CASE NUMBER 78 -15 -SU. Moved by Kehe, seconded by Sarlo, to waive First Reading and place on passage Ordinance Z-11-78, AN ORDINANCE AUTHORIZING A SPECIAL USE TO OPERATE A GAS STATION IN C-2 COMMERCIAL DISTRICT AT 1685 OAKTON STREET CASE NO. 78 -25 -SU. Motion declared carried. Moved by Kehe, seconded by Sarlo to adopt Ordinance Z-11-78. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Sullivan Motion declared carried. Moved by Meyer, seconded by Seitz, to waive First Reading and place on passage Ordinance Z-12-78, AN ORDINANCE GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE No. 78-24-V. Motion declared carried. Moved by Meyer, seconded by Seitz, to adopt Ordinance Z-12-78. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Sullivan Motion declared carried. Moved by Meyer, seconded by Ward, to adopt Resolution R-7-78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES having to do with garage encroaching into and over twenty- five foot rear building line at 240 Diamond Head Drive. Motion declared carried. Moved by Seitz, seconded by Meyer, to concur with Mayor Volberding's reappointment of James Carroll as a member of the Zoning Board of Appeals, term to expire April 30, 1983. Motion declared carried. Moved by Meyer, seconded by Sarlo, to concur with Mayor Volberding's reappointment of Dr. John McMahon to the Des Plaines Board of Health, term to expire April 30, 1979. Motion declared carried. Moved by Leer, seconded by Sarlo, to concur with Mayor Volberding's reappointment of Dewey Imig to the Police Pension Fund, term to expire April 30, 1980. Motion declared carried. Moved by Seitz, seconded by Erbach, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:10 P.M. ,4=70.e--4ag-r„,„ ,04-ia;14 THIS , 1978 HE BERT H. VOLBERDING, MAYOR Bertha Eleanor Rohr.ach, City Clerk