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07/16/19791 208 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CIVIC CENTER, MONDAY, July 16, 1979 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 8:0o P.M. in the Council Chambers, Des Plaines Civic Center. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Kolinski, Kehe, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan. Absent were Aldermen Dwiel and Ensign. Also present were: Health Director Branding, Fire Chief Gedroic, Police Captain Clark, Building Commissioner Trost, Director of Zoning and Planning Richardson, City Engineer Bowen, Traffic Engineer Crowley, Superintendent of Streets Matula, Police Captain Kozencak, City Attorney Hug, City Treasurer Swanson, City Comptroller Blietz, and Commissioner of Public Works Schwab. PRAYER AND PLEDGE MINUTES: The meeting opened with prayer by Mr. Greg Kenney, Youth Minister of First Congregational Church,' followed by the Pledge of Allegiance to the flag. Moved by Tomaszewski, seconded by Kehe, to approve the Minutes of the regular meeting held July 2, 1979. Motion declared carried. SEWERREPAIRS Moved by Koplos, seconded by Sarlo, to adopt the recommenda- Lee at Harding tion of Water and Sewer Committee that City Council ratify previous emergency action authorized by the Mayor to make all necessary repairs to the sanitary sewer on Lee Street at Harding Avenue caused by collapse on May 9, 1979, at a cost of $10,382.67, payable to Rosetti Construction Company, waiving the usual bid advertising procedure. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Kehe, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan, Mayor Volberding NAYS: 0 - None ABSENT: 2 - Dwiel, Ensign 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 $228,904.78. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Kehe, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan, Mayor Volberding NAYS: 0 - None ABSENT: 2 - Dwiel, Ensign Motion declared carried. DEMOLITION Moved by Ward, seconded by Koplos, to adopt the recommenda- 639 Pearson St. tion of Finance and Insurance Committee to cancel authoriza- tion to issue check to C. W. RHD Wrecking Co. for final payment of contract for demolition at 639 Pearson Street as requirements of Paragraph 5 of the contract have not been met. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Kehe, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan, Mayor Volberding NAYS: 0 - None ABSENT: 2 - Dwiel, Ensign Motion declared carried. Final payment referred to Building, Grounds and Parking Lots Committee 1 1 EMPLOYEE BENEFIT CLAIMS, INC. SAW MILL PRODUCTS ZONING CASE 78-57-V 579 Forest Ave. Honing Case 79-37-V 314 Alles St. METPATH SUBDIVISION Touhy & Lee Sts. WELLER CREEK SUBDIVISION Mt. Prospect Rd. north of Golf DES PLAINES POLICE BOYS CLUB Youth Activity OFF STREET TRAFFIC ENFORCEMENT 900 Des Plaines Avenue 7/16/79 209 Page Two Moved by Ward, seconded by Birchfield, to adopt the recom- mendation of Finance and Insurance Committee to issue check to Employee Benefit Claims, Inc. in the amount of $37,085.86 for services provided July 22nd thru August 31st. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Kehe, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan, Mayor Volberding NAYS: 0 - None ABSENT: 2 - Dwiel, Ensign Motion declared carried. Moved by Ward, seconded by Seitz, to adopt the recommenda- tion of Finance and Insurance Committee to issue check to Saw Mill Products in the amount of $780 in payment of various bills. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Kehe, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan, Mayor Volberding NAYS: 0 - None ABSENT: 2 - Dwiel, Ensign Motion declared carried. Moved by Meyer, seconded by Seitz, to concur with Zoning Board of Appeals in Case 78-57-V, to grant variation, property located at 579 Forest Avenue, adopting the recommendation of Municipal Development Committee, City Attorney to draft necessary ordinance. Motion declared carried. Moved by Meyer, seconded by Koplos, to adopt the recommenda- tion of Municipal Development Committee to concur with Zoning Board of Appeals in Case 79-37-V, property located at 314 Alles Street, to grant variation for sideyard and parking, City Attorney to draft necessary ordinance. Motion declared carried. Moved by Meyer, seconded by Erbach, to adopt the recommenda- tion of Municipal Development Committee to approve Plat of Metpath Subdivision located at the northeast corner of Touhy and Lee Streets, and authorize Mayor and City Clerk to sign same. Motion declared carried. Moved by Meyer, seconded by Seitz, to adopt the recommenda- tion of Municipal Development Committee to approve Plat of Weller Creek Subdivision, located on Mt. Prospect Road, north of Golf Road and authorize Mayor and City Clerk to execute same. Motion declared carried. Defer action motion to adopt the recommendation of Youth Activity Committee to grant $6,500 to Des Plaines Police Boys Club for trip to Eagle River, Widconsin, was brought to the floor. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Kehe, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan, Mayor Volberding NAYS: 0 - None ABSENT: 2 - Dwiel, Ensign Motion declared carried. Moved by Kehe, seconded by Prellberg, to adopt the recommenda tion of Police Committee to enter into an agreement for Off Street Traffic Enforcement with owners of Thacker House Condo, at 900 Des Plaines Avenue. Motion declared carried. POLICE DEPT. Rules POLICE DEPT. Equipment Forini-tec night Vision Unit PARKING DECK Civic Center Stairwell canopy CITY PROPERTY Acquisition LEGAL COUNSEL ORDINANCE IZ-15-79 711 River Rd. 7/16/79 210. Page Three Moved by Kehe, seconded by Henkes, to adopt the recommenda- tion of Police Committee to add to Police Department Rules and Regulations the following: "FICTICIOUS ILLNESS OR INJURY REPORTS - Employees and Members of the Department shall not feign illness or injury, falsely report themselves ill or injured, or otherwise deceive or attempt to deceive any official of the department as to the condition of their health." Motion declared carried. Above rule referred to Fire Committee for inclusion in Fire Department Rules and Regulations. Moved by Kehe, seconded by Prellberg, to adopt the recom- mendation of Police Committee to purchase a Forini-Tec Night -vision unit, from Standard Equipment Co., in the amount of $3,750.00, waiving the usual bid procedure. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Kehe, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan,Mayor Volberding NAYS: 0 - None ABSENT: 2 - Dwiel, Ensign Motion declared carried. Moved by Erbach, seconded by Tomaszewski, to adopt the recommendation of Public Buildings, Grounds and Parking Lots Committee not to improve the stairwells of the Civic Center Parking Deck with canopy covering as suggested by Lt. Schwiesow. Motion declared carried. Moved by Erbach, seconded by Tomaszewski, to adopt the recommendation of Public Buildings, Grounds and Parking Lots Committee that City Council authorize obtaining an appraisal on a parcel of property unnamed, at a cost not to exceed $2,200. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Kehe, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan, Mayor Volberding NAYS: 0 - None ABSENT: 2 - Dwiel, Ensign Motion declared carried. Moved by Seitz, seconded by Kisslinger, to adopt the recommendation of City Code and Judiciary Committee to assign seven pending law suits to Attorney Patrick Lucansky, and two additional cases in the event City Attorney Hug has not completed the cases previous to leaving the City. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Kehe, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan, Mayor Volberding NAYS: 0 - None ABSENT: 2 - Dwiel, Ensign Motion declared carried. Moved by Koplos, seconded by Sarlo, to pass Ordinance Z-15-79, AN ORDINANCE GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE NO. 79-29-V, property located at 711 River Road. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Kehe, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan, Mayor Volberding NAYS: 0 - None ABSENT: 2 - Dwiel, Ensign Motion declared carried. 7A16/79 211 Page Four ORDINANCE Placed on First Reading was Ordinance M-22-79, AN ORDINANCE M-22-79 AMENDING SECTIONS 5-34-15, 5-34-19, 5-34-22, 5-34-26, Liquor 5-34-31 OF THE CITY CODE HAVING TO DO WITH LIQUOR LICENSES License BY PROVIDING THAT CERTAIN BUSINESS CHANGES TERMINATE A Regulations LICENSE, BY DEFINING THE AUTHORITY OF THE COMMISSIONER AND LICENSE AND INSPECTION COMMITTEE AND BY DELETING OUTDATED REFERENCES. ORDINANCE Placed on First reading was Ordinance M-23-79, AN ORDINANCE M-23-79 AMENDING TITLE V OF THE CITY CODE HAVING TO DO WITH IReal Estate BUSINESS REGULATIDNS BY ADDING THERETO A NEW CHAPTER 51 Transfer Tax ESTABLISHING AND IMPOSING A REAL ESTATE TRANSFER TAX. 1 Petitions Petitions containing approximately 1,000 signatures Real Estate were submitted to City Council, objecting to the Real Transfer Tax Estate Transfer Tax. Mr. Donald Freels, Executive Vice President of Northwest Suburban Board of Realtors, upon motion by Alderman Egan, seconded by Kolinski, and passed, addressed the City Council stating objections of the Board of Realtors to the Real Estate Transfer Tax. Moved by Birchfield, seconded by Egan, to refer the matter of a Real Estate Transfer Tax back to City Code and Judiciary Committee for restudy. Upon roll call, the vote was: AYES: - 8 - Kolinski, Kehe, Henkes, Prellberg, Birchfield, Erbach, Egan, Mayor Volberding NAYS: 7 - Koplos, Kisslinger, Tomaszewski, Sarlo, Meyer, Ward ABSENT: 2 - Dwiel, Ensign Motion to refer to committee declared carried. Ordinance M-23-79 referred to Committee. CASE I-79 Letter from Plan Commission re Case I-79, a Flood Plain Flood Plain Variation at 1625 Rand Road was referred to Municipal Variation Development Committee. 1625 Rand Rd. ZONING CASE Letters from Plan Commission and Zoning Board re Case 78 -71- 78 -71 -PUD PUD, property located at the northwest corner of Woodland Woodland & Grove Avenue and Grove Streets, was referred to Municipal Development Committee. ZONING CASE 79-40-R 740 N. Wolf Letter from Zoning Board of Appeals re Case 79-40-R, property located at 740 N. Wolf Road was referred to Municipal Development Committee. PETITION The petition submitted by residents of Henrich House Henrich House requesting that the City retain Mrs. Sue Strand, CETA residents employee, as a City employee to coordinate programs Sr. Citizen at Henrich House was referred to Health and Welfare program Committee. RESOLUTION Moved by Erbach, seconded by Tomaszewski, to adopt R-9-79 Resolution R-9-79, RESOLUTION OF THE CITY COUNCIL OF THE 339 Radcliffe CITY OF DES PLAINES, consenting to encroachment on the front building line of property located at 339 Radcliffe Avenue. Motion declared carried. IPOLICE DEPT. MOTORCYCLE Moved by Kehe, seconded by Erbach, to open only bid received for motorcycle. Motion declared carried. Bid received from Illinois Kawasaki, in the amount of $4,177.81. Council recessed from 9:30 P.M. to 9:42 P.M. to consider above bid. Moved by Kehe, seconded by Kolinski, to award the bid for one motorcycle for the Police Department to Illinois Kawasaki in the amount of $4,177,81, to be paid from the proceeds of Auction. Upon roll call, the vote was: 7/16/79 212 Page Five POLICE DEPT. AYES: - 15 - Koplos, Kolinski, Kehe, Henkes, Prellberg, MOTORCYCLE Kisslinger, Birchfield, Erbach, Tomaszewski, Continued Sarlo, Meyer, Seitz, Ward, Egan, Mayor Volberding NAYS: 0 - None ABSENT: 2 - Dwiel, Ensign Motion declared carried. FARMERS 1 MARKET 1 Letter from Mayor Volberding regarding the possibility of setting up a Farmers Market on Saturdays in the City at North School Parking Lot was referred to Public Buildings, Grounds and Parking Lots Committee. PINBALL MACHINES Letter from Mr. Andrew Stitak requesting that the City Council reconsider the matter of allowing pinball machines in the City was referred to License and Inspection Committee. PARKING LOTS Moved by Meyer, seconded by Egan, that the City Council RESIDENCE file a petition with Zoning Board of Appeals for text DISTRICT amendment to Zoning Ordinance, Section 12.4.4.6, repealing same from duties and responsibilities of the Zoning Board of Appeals and placing within the jurisdiction of the City Council. Motion declared carried. ADJOURNMENT: Moved by Koplos, seconded by Kehe, that the regular meeting of the City Council adjourn. Motion decl ed carried. Meeting adjourned at 9:51 P. APPROVED BY ME THIS DAY//F , 1979 HERBERT H. VOLBERDING; SR. Bertha Eleanor Rohrbach,/ City Clerk