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10/02/19781 103 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CIVIC CENTER, MONDAY, October 2, 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 8:02 P.M. in the Council Chambers, Des Plaines Civic Center. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Szabo, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward. Absent was Alderman Sullivan Also present were: City Treasurer Swanson, Commissioner of Public Works Schwab, City Comptroller Blietz, City Attorney Hug, City Engineer Bowen, Director of Zoning and Planning Richardson, Building Commissioner Trost, Fire Chief Gedroic, Health Director Branding, Police Chief Alfano, and Environmental Officer Lindahl. PRAYER AND The meeting opened with prayer by Rev. James D. Bauman PLEDGE of Immanuel Lutheran Church followed by the Pledge of Allegiance to the flag. MINUTES: Moved by Kehe, seconded by Seitz, to approve the Minutes of the regular meeting held September 18, 1978, as published. 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, $301,140.61. 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. DRIVEWAY Moved by Sarlo, seconded by Meyer, to adopt the recommenda- 790 Thacker ST. tion of Streets and Traffic Committee to grant permit for expansion of the driveway approach to twenty (20) feet, upon payment of permit fees, at 790 Thacker Street. Motion declared carried. SETBACK Moved by Leer, seconded by Koplos, to adopt the recommenda- SWIMMING POOL tion of Building Control and Inspection Committee to 1780 Elm St. grant a variation from the required 8 foot set -back from the property line to six feet for an "in ground" swimming pool at 1780 Elm Street. Motion declared carried. SIGN 200 Jarvis ZONING CASE. 78-60-V 1641 Linden Moved by Leer, seconded by Meyer, to adopt the recommenda- tion of Building Control and Inspection Committee to approve the request of Neidert Motor Freight, 200 Jarvis to install a time and temperature device on an existing sign. Motion declared carried. Alderman Sullivan arrived at this time. Moved by Szabo, seconded by Ensign, to adopt the recommenda- tion of Municipal Development Committee to concur with Zoning Board of Appeals in Case 78-60-V, 1641 Linden St. and authorize City Attorney to draft ordinance. Motion declared carried. ZONING CASE Moved by Szabo, seconded by Koplos, to adopt the recommenda- 78-61-R tion of Municipal Development Committee to concur with 100 N. River Zoning Board of Appeals in Case 78-61-R, 100 N. River Rd. and authorize City Attorney to draft ordinance. Motion declared carried. WORKMEN'S COMPENSATION Jerome Cascino WORKMEN'S COMPENSATION Philip Calderone RESOLUTION R-19-78 Soil & Water Conservation ZONING HEARING ATTENDANCE BY CITY OFFICIALS (Elected) EMPLOYEE RELATIONS COMMITTEE ORDINANCE M-34-78 Veto Message 10/2/78 Page Two 104 Moved by Abrams, seconded by Meyer, to adopt the recommenda- tion of City Code and Judiciary Committee to settle the Workmen's Compensation Claim of Jerome Cascino in the amount of $1,157.10. 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 Abrams, seconded by Kisslinger, to adopt the recommendation of City Code and Judiciary Committee to settle the Workmen's Compensation Claim of Philip Calderone in the amount of $2,500.00. 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 Kraves, seconded by Brannigan, to adopt the recommendation of Environmental Controls Committee to adopt Resolution R-18-78, to annex that part of the City of Des Plaines, incorporated before August 30, 1950 to the North Cook County Soil and Water Conservation District. Motion declared carried. Following questioning by aldermen regarding the Mayor's testifying before the Zoning Board of Appeals on the City's petition for a text amendment having to do with parking requirements in the R-5 District, Alderman Koplos requested this record to show the City Council's position with respect to elected officials testifying at Zoning Board hearings as follows: 1. City Attorney Hug stated that although it would probably not be illegal for an elected official to attend Zoning Board Hearings and testify, he would not recommend that it be done, as the individual could be called as an adverse witness. 2. Ald. Seitz expressed that elected officials could influence the decision of the Zoning Board. 3. Alderman Ensign, Leer, Sarlo, Koplos, and Meyer expressed that the Mayor's appearance at the Zoning Hearing on the Text Amendment was in their opinion not proper and should be discontinued. 4.. Alderman Birchfield and Sullivan stated that they have appeared at Zoning Hearings in the past for the purpose of becoming informed and offering the Zoning Board information they may otherwise not obtain. 5. Alderman Abrams requested that the record show that he did not ratify nor sanction the Mayor's appearance to speak against the city's peittion at the Zoning Hearing held on Case 78-62-A. Mayor Volberding stated that he appeared at the Zoning Board Hearing to testify as a private citizen explaining that he was a property owner in the R-5 area, and that having been made aware of the position of the City Council, he, would refrain from such actions in the future. Moved by Brannigan, seconded by Birchfield, that a Special Employee Relations Committee be appointed by the Mayor consisting of three members. Motion declared lost. The Clerk introduced the veto message of Mayor Volberding vetoing Ordinance M-34-78. No action was taken. /g/ ORDINANCE M-35-78 Managerial Form of Gov't ORDINANCE M-36-78 Aldermen ORDINANCE Z-20-78 1700 Rand Rd. ORDINANCE Z-22-78 100 N. River IORDINANCE Z-23-78 1641 Linden ORDINANCE T-20-78 Vehicle License Fees MFT RESOLUTION Section 80CS ZONING CASES 78-62-A 78-64-R 78-56-R 78-65-R 10/2/78 105 Page Three Placed on First Reading was Ordinance M-35-78, AN ORDINANCE CALLING FOR THE SUBMISSION TO THE VOTERS OF THE CITY OF DES PLAINES AT THE NEXT REGULAR ELECTION, THE QUESTION OF ADOPTING THE MANAGERIAL FORM OF MUNICIPAL GOVERNMENT. Referred to City Code and Judiciary Committee for report on or before November 6th meeting. Placed on First Reading was Ordinance M-36-78, AN ORDINANCE CALLING FOR THE SUBMISSION TO THE VOTERS OF THE CITY OF DES PLAINES AT THE NEXT REGULAR ELECTION, THE QUESTION OF RESTRICTING THE NUMBER OF ALDERMEN TO ONE FOR EACH WARD. Referred to City Code and Judiciary Committee for report on or before November 6th meeting. Placed on First Reading was Ordinance Z-20-78, AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE NO. 78-55-R, property located at 1700 Rand Rd. Moved by Szabo, seconded by Koplos, to waive First Reading and place on passage Ordinance Z-22-78, AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE NO. 78-61-R, rezoning property located at 100 N. River Rd. to I -Institutional District. Motion declared carried. Moved by Szabo, seconded by Koplos, to pass Ordinance Z-22-78. 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. Moved by Szabo, seconded by Kraves, to waive First Reading and place on passage Ordinance Z-23-78, AN ORDINANCE GRANTING A VARIATION TO SECTION 3.2.4 OF THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE NO. 78-60-V, property located at 1641 Linden Street. Motion declared carried. Moved by Szabo, seconded by Kraves, to pass Ordinance Z-23-78. 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. Placed on First Reading was Ordinance T-20-78, AN ORDINANCE AMENDING SECTION 10-9-4 OF THE CITY CODE HAVING TO DO WITH VEHICLE LICENSE FEES BY ESTABLISHING NEW EXPIRATION DATES FOR CERTAIN VEHICLES AND REPEALING SECTION 10-9-5. Moved by Leer, seconded by Erbach, to adopt a resolution appropriating $55,606.68 MFT Funds - the tenth installment of Special Assessment No. 190 (ORchard Place Improvements). 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. Letters from the Zoning Board of Appeals re the following cases were referred to the Municipal Development Committee: Case 78-62-A - Text Amendments - Off Street Parking and Cul-de-sacs Case 78-64-R - 533 Des Plaines Ave. Case 78-56-R - 581 River Rd. Case 78-65-R - 1630 and 715-45 Des Plaines Avenue 10/2/78 106 Page Four PETITION The petition submitted requesting reduction of speed Prairie Ave. limit on Prairie Avenue between Graceland Ave. and the Speed Limit Soo -Line tracks was referred to the Traffic Commission and Streets and Traffic Committee. BIDS I RESOLUTION Moved by Koplos, seconded by Szabo, to adopt a resolution H. Kennicott honoring Mr. Harrison Kennicott upon reaching his 100th birthday today. Motion declared carried. Clerk notified the Council that bids for the following would be received at 3 P.M. on October 16th: Fire Hose, Siren Maintenance, Trees, and Carpeting for the Second Floor ADJOURNMENT: Moved by Kehe, seconded by Ensign, that the regular meeting of the City Council a journ. Motion declare carried. /' c Bertha Eleanor Rohrbacj(, City Clerk APPROVED BY ME THIS OF , 1978 HERBERT H. VOLBERDING, TIAYOR