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08/21/1978CALL TO ORDER: The regular Plaines was at 8:05 P.M ROLL CALL: 87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS,' CIVIC CENTER, MONDAY, August 21, 1978 meeting of the City Council of the City of Des called to order by Mayor Herbert H. Volberding . in the Council Chambers, Des Plaines Civic Center Roll Call indicated the following aldermen present: Koplos, Szabo, Sullivan, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward. Absent was Alderman Kehe Also present were: City Engineer Bowen, Director of Zoning and Planning Richardson, Building Commissioner Trost, Police Chief Alfano, City Comptroller Blietz, Commissioner of Public Works Schwab, Fire Chief Gedroic, Health Director Branding, Superintendent of Streets Matula, Environmental Officer Lindahl, and City Attorney Hug. PRAYER AND The meeting opened with prayer by Rev. C. Edwin Boone of PLEDGE I•+-•_ - , followed by the Pledge of Allgiance MINUTES: 1 BILLS PAYABLE LIQUOR LICENSE Martin Oil___ _Service 1987 S. River LIQUOR LICENSE SILVER STALLION 1275 Lee St. AMHERST SUBDIVISION Touhy & Westview SUBDIVISION ORDINANCE Appeal Tzamalis 1845-95 Howard to the flag. Correction: Page three, change all roll call votes to read: - ABSENT: - 1 - Abrams; Page four, Paragraph Z-16-78, change roll call to read - ABSENT - 1 - Abrams; Page Five, change all roll call votes to read - ABSENT: 1 - Abrams; Page six change all roll call votes to read - ABSENT: - 1 - Abrams; Page seven, paragraph 8, strike and insert:"Ald. Seitz's request for Traffic Commission and Streets and Traffic Committee to study the feasibility and possibility of removing the yield signs and replace with 4 -way stop signs at Ardmore and Princeton, was so referred". Following correction, moved by Sarlo, seconded by Kraves, to approve minutes as corrected and as published. Motion declared carried. 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, $190,849.25. Upon roll call, the vote was: AYES: -.16 - Koplos, Szabo, Sullivan, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding 0 - None NAYS: ABSENT: 1 - Kehe Motion declared carried. Moved by Kisslinger, seconded by Koplos, to adopt the recommendation of License and Inspection Committee to deny application for Class B Liquor License made by Martin Oil Service, 1987 S. River Rd. Des Plaines, I11. Motion declared carried. Moved by Kisslinger, seconded by Leer , to adopt the recommendation of License and Inspection Committee to grant application for Class A Liquor License to Silver Stallion Restaurant, Inc. 1275 Lee Street (formerly Dr. Munchie's). Motion declared carried. Moved by Szabo, seconded by Meyer, to adopt the recommendation of Municipal Development Committee to approve Plat of Amherst Subdivision, Touhy and Westview and authorize Mayor and City Clerk to execute same. Motion declared carried. Moved by Szabo, seconded by Sarlo, to adopt the recommenda- tion of Municipal Development to deny request of Attorney %} John Tzamalis Esc his client, for a variation from the City's subdivision requirements having to do with dedication of lands for street and the improvement thereof, at 1845-95 Howard Street. Motion declared carried. 8/21/78 Page Three 88 OFF STREET Moved by Sarlo, seconded by Seitz, to adopt the recommendation TRAFFIC of Police Committee to enter into an agreement with Maine ENFORCEMENT West High School, Wolf and Oakton for Off Street Traffic Enforcement. Motion declared carried. SIGN 1685 Oakton Moved by Leer, seconded by Sarlo, to adopt the recommendation of Building Control and Inspection Committee to deny request for sign variation at 1685 Oakton Street. Motion declared carried. IIISIGN Moved by Leer, seconded by Birchfield, to adopt the recommenda• 933 E. Oakton tion of two members of the Building Control and Inspection Committee to grant the request of Sano's Pizza, 933 E. Oakton Street to move the sign, reduced to comply with the City's 120 sq. ft. requirement. Alderman Koplos stated he would not support the recommendation until the Committee studies and recommends a sign ordinance governing number of ground signs on a zoning lot. Moved by Koplos, seconded by Abrams, to table the mgtio}a, Upon roll call, the vote was: Y' C-�� �r�� . c ...P1). AYES: - 11 - Koplos,. Sullivan, Ensign, Brannigan, Kisslinger, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 5 - Szabo, Leer, Birchfield, Erbach, Kraves ABSENT: 1 - Kehe Motion to table declared carried. Ald. Kehe arrived at this time. METERS Moved by Koplos, seconded by Sarlo, to adopt the recommenda- tion of Water and Sewer Committee that the City purchase necessary meters and conversion kits as requested by the Commissioner of Public Works from the Badger Meter Company in the amount of $34,310.16, waiving the usual bid advertising procedures. 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. 1 1 WORKMEN's Moved by Abrams, seconded by Kisslinger, to adopt the COMPENSATION recommendation of City Code and Judiciary Committee to Thomas settle Workmen's Compensation Claim of Thomas Buttner Buttner in the amount of $16,000 as recommended by consultants. 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. SUITS Moved by Abrams, seconded by Seitz, to adopt the recommenda- 1436 Thacker tion of City Code and Judiciary Committee to retain the St. Zoning services of Attorney Patrick Lucansky to defend the City City Hall in two law suits - First National Bank as Trustee and Building Harmony Builders - re zoning decision at 1436 Thacker St. and Fredrick Quinn Construction Co. re non-payment of funds in connection with construction of the City Hall Building. 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. ORDINANCE M-29-78 Liquor ORDINANCE M-30-78 Liquor ORDINANCE Z-18-78 876 Des Plaines Ave. ORDINANCE M-31-78 Dept. Officials issue Citations CHICAGO & NORTHWESTERN RR Lease Agreement RESOLUTION R-15-78 Bellaire & Ballard Flood Var. 8/21/78 89 Page,Five Moved by Szabo, seconded by Meyer, to adopt Ordinance M-29-78 AN ORDINANCE AMENDING SECTIONS 5-34-23, 5-34-24, 5-34-28, E 5-34-29, and 5-34-31 OF THE CITY CODE HAVING TO DO WITH THE SALE OF ALCOHOLIC LIQUOR TO MINORS BY PROHIBITING THE SALE OF BEER AND WINE NOT FOR CONSUMPTION ON THE PREMISES WHERE SOLD TO PERSONS UNDER THE AGE OF 21 YEARS AND BY CHANGING AGE REQUIREMENTS AND ADDING A NEW SECTION 5-34-36 HAVING TO DO WITH MISREPRESENTATION OF AGE. 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 Sarlo, seconded by Koplos, to adopt Ordinance M-30-78, AN ORDINANCE AMENDING SECTION 6-1-55 OF THE CITY CODE HAVING TO DO WITH LIQUOR PROHIBITIONS BY INCREASING AGE LIMIT TO 21 YEARS EXCEPT FOR CERTAIN SALES FOR CONSUMPTION ON PREMISES WHERE SOLD. 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 Erbach, seconded by Birchfield, to adopt Ordinance Z-18-78, AN ORDINANCE GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE NO. 78-35-V, property located at 876 Des Plaines Avenue. 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 Szabo, to adopt Ordinance M-31-78, AN ORDINANCE AMENDING SECTIONS 6-10-1, 6-10-2, 6-10-3 and 6-10-5 OF THE CITY CODE HAVING TO DO WITH VIOLATION CITATIONS BY AUTHORIZING DEPARTMENT OFFICIALS TO ISSUE CITATIONS AND AUTHORIZING SETTLEMENT AMOUNTS. 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. The matter of the lease agreement with Chicago and Northwestern Railroad having to do with Beautification Lease was referred to Public Buildings, Grounds and Parking Lots Committee. Moved by Kehe, seconded by Seitz, to adopt Resolution R-15-78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HAVING TO DO WITH FLOOD PLAIN VARIANCES. Case 1-78 located at Bellaire & Ballard Roads (Dawn Subdivision). Motion declared carried. Alderman Koplos abstained from voting as his Mother has a part interest in the property. Alderman Abrams abstained from voting as he was legal counsel in the closing transactions representing Mrs. Koplos. itp/4' J 8/21/78 90. Page Two SUBDIVISION Moved by Szabo, seconded by Erbach, to adopt the recommenda- ORDINANCE tion of Municipal Development Committee to authorize City Amendments Attorney to draft necessary amendment to the Subdivision ordinance and petition the zoning board for changes in the zoning ordinance having to do with permitted lot frontages on cul-de-sac lots. Motion declared carried. CBD Moved by Szabo, seconded by Meyer, to adopt the recommendation No Fee Parking of Municipal Development Committee to retain the services of Barton-Aschman Associates, Inc. to explore the possibility of a special service district as part of the ongoing development program for downtown Des Plaines and the establishment of nww public policies with respect to parking, at a cost of $5300 - study to be completed in 45 days. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kehe Motion declared carried. Alderman Szabo made a progress report on the "No fee Parking" meeting held August 14th and requested that the Mayor and City Comptroller submit to the Committee a report of the total revenue expected from meters to be installed in the periphy area, the debt structure of the Parking Revenue Bonds of the Parking System as a Whole, and the facts surrounding the 125% coverage issue. 1 CBD Moved by Sarlo, seconded by Brannigan, to adopt the recommenda- Handicapped tion of Streets and Traffic Committee that the City Council Facilities appropriate approximately $28,000 in the 1979 as Phase I of a continued program to install ramps for the handicapped in the Downtown area. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kehe Motion declared carried. GRACELAND Moved by Sarlo, seconded by Leer, to adopt the recommendation AVENUE of Streets and Traffic Committee that the radii be increased Pavement at the hairpin turn on Graceland Avenue from its present Construction estimated 25 feet to approximately 100 feet, using the two double yellow stripes from the south track to approximatell, 150 feet south of the angle at a total cost of $2,500, work to be done by the City's contractor for curb and gutters. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kehe Motion declared carried. PARKING Moved by Sarlo, seconded by Kraves, to adopt the recommenda- Ashland Ave. tion of Streets and Traffic Committee to authorize City Attorney to draft necessary ordinance for "No Parking At+-. Any Time" signs on Ashland Avenue between the two driveway points on Ashland Avenue, as well as ten feet beyond the easterly drive, in front of Henrich House. Motion declared carried. POLICE DEPT. Moved by Sarlo, seconded by Meyer, to adopt the recommendation Radios of Police Committee to waive the usual bid procedure and purchase 7 Port-o-com radios from Motorola Communications in the amount of $12,243.00 net. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kehe Motion declared carried. /-0°) 8/21/78 Page Four 91. SUIT Moved by Abrams, seconded by Meyer, to adopt the recommenda- Parking Lot tion of City Code and Judiciary Committee that the City Prairie Ave. retain Attorney Arthur M. Scheller, Jr. to file a friendly suit in the matter of resolving title rights to certain land owned by Mayor Volberding and his brother, adjacent. and part of the Prairie Avenue Parking Lot. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward. NAYS: 0 - None ABSENT: 0 - None ABSTAIN: 1 - Mayor Volberding Motion declared carried. HEIGHT OF Moved by Abrams, seconded by Sarlo, to adopt the recommenda- BUSHES tion of City Code and Judiciary Committee to authorize City Attorney to draft ordinance limiting the height and size of bushes on private property, similar to the ordinance for public property. Motion declared carried. DISPLAY OF Moved by Abrams, seconded by Seitz, to adopt the recommenda- ILLEGAL tion of City Code and Judiciary Committee to authorize PARAPHENALIA City Attorney to draft an ordinance prohibiting the display and sale of illegal paraphenalia in the City. Motion declared carried. NATIONAL Moved by Erbach, seconded by Kisslinger, to adopt the TAXPAYERS recommendation of Public Buildings, Grounds and Parking Lots UNITED OF ILL. Committee to deny request of National Taxpayers United of Illinois to use a meeting room in Des Plaines Civic Center. Motion declared carried. There was no representative present at this meeting or the scheduled committee meeting. ORDINANCE Moved by Seitz, seconded by Meyer, to adopt Ordinance T-10-78 T-10-78 AN ORDINANCE AMENDING SECTION 10-7-3 OF THE CITY CODE HAVING Warrington TO DO WITH STOP STREETS BY ADDING THERETO THE INTERSECTION & Cumberland OF WARRINGTON ROAD AND CUMBERLAND PARKWAY AS STOP STREETS. Parkway 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. ORDINANCE Moved by Szabo, seconded by Koplos, to table Ordinance T-11-78 T-11-78 AN ORDINANCE AMENDING SECTIONS 10-5-4 AND 10-5-5 OF THE Parking CITY CODE HAVING TO DO WITH RESTRICTED PARKING BY DELETING Downtown CERTAIN PROVISIONS. Motion declared carried. ORDINANCE M-24-78 Tax Levy Moved by Kehe, seconded by Erbach, to adopt Ordinance M-24-78 AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1978 AND ENDING DECEMBER 31, 1978. 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. ORDINANCE Moved by Koplos, seconded by Szabo, to adopt Ordinance M-26-78 M-26-78 AN ORDINANCE AMENDING SECTION 5-34-4 OF THE CITY CODE Liquor HAVING TO DO WITH CLASS A LIQUOR LICENSES BY RESTRICTING THE SALE OF ALCOHOLIC LIQUOR NOT FOR CONSUMPTION ON THE PREMISES WHERE SOLD. 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 114" Motion declared carried. 1 ORDINANCE T-12-78 City Parking Lots ORDINANCE T-13-78 Millers Rd. ORDINANCE T-14-78 Parking Beau Dr. ORDINANCE T-15-78 Koehler & Howard ORDINANCE T-16-78 Morgan O'Brien & Mt. Prospect ORDINANCE T-17-78 Windy Point Dr. & Wolf ZONING CASE 78 -51 -RV 585 & 597 Des Plaines ZONING CASE 78-52-R 1682 Rand Rd. 8/21/78 92. Page Six Placed on First Reading was Ordinance T-12-78, AN ORDINANCE AMENDING SECTION lo -11-12 (C) OF THE CITY CODE HAVING TO DO WITH THE HOURS OF OPERATION OF CITY PARKING. LOTS BY INCREASING THE SAME. Placed on First Reading was Ordinance T-13-78, AN ORDINANCE AMENDING SECTION lo -5-17 (G) SCHEDULE II, OF THE CITY CODE HAVING TO DO WITH PARKING ON EVEN AND ODD NUMBERED SIDES OF STREETS, BY ADDING THERETO MILLERS ROAD FROM MT. PROSPECT ROAD TO ELMHURST ROAD. Placed on First Reading was Ordinance T-14-78, AN ORDINANCE AMENDING SECTION lo -5-4 SCHEDULE I OF THE CITY CODE BY PROHIBITING PARKING ALONG THE EAST SIDE OF BEAU DRIVE ADJACENT TO THE HIGH RIDGE KNOLLS PARK. Placed on First Reading was Ordinance T-15-78, AN ORDINANCE AMENDING SECTION lo -7-3 OF THE CITY CODE HAVING TO DO WITH STOP STREETS BY ADDING THERETO AN ADDITIONAL THREE WAY STOP AT THE INTERSECTION OF HOEHLER DRIVE AND HOWARD AVENUE. Placed on First Reading was Ordinance T-16-78, AN ORDINANCE AMENDING SECTION lo -7-3 OF THE CITY CODE HAVING TO DO WITH STOP STREETS BY ADDING THERETO THE INTERSECTION OF MORGAN O'BRIEN DRIVE AND MT. PROSPECT ROAD AS A ONE WAY STOP INTERSECTION. Moved by Seitz, seconded by Sarlo, to waive First Reading of Ordinance T-17-78, AN ORDINANCE AMENDING SECTION lo -7-3 OF THE CITY CODE HAVING TO DO WITH STOP STREETS BY ADDING THERETO THE INTERSECTION OF WINDY POINT DRIVE AND WOLF ROAD AS A ONE-WAY STOP INTERSECTION. Motion declared carried. Moved by Seitz, seconded by Meyer, to adopt Ordinance T-17-78. 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. Letter from Zoning Board of Appeals re Case 78 -51 --•RV, property located at 585 and 597 Des Plaines Avenue was referred to Municipal Development Committee. Letter from Zoning Board of Appeals re Case 78-52-R, property located at 1682 Rand Rd. was referred to Municipal Development Committee. ADV. BIDS Clerk notified Council that bids for one 4 -door sedan would be received on September 8 at 3 P.M. RESOLUTION R-16-78 Rand/Central Mt. Prospect Moved by Sarlo, seconded by Meyer, to adopt Resolution R-16-78 A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ASSUME JURISDICTIONAL CONTROL ON MOUNT PROSPECT ROAD IN CONNECTION WITH THE RAND ROAD/CENTRAL ROAD/MOUNT PROSPECT ROAD INTERSECTION IMPROVEMENT. Motion declared carried. III DEPUTY MAYOR Referred to City Code and Judiciary Committee was Alderman Kisslinger's request for ordinance for appointment of Deputy Mayor when the Mayor is out of town to act in the event of an emergency. ADJOURNMENT: Moved by Kehe, seconded by Seitz, that the regular meeting._ of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:0 M. Bertha Eleanor Rohr ach, City Clerk APPROVED BY ME THIS ,i/-tX DA tF ., 1978 ERBERT H. VOL:ERDING, MAYOR