08/06/19791
1
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 6, 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 8:00 P.M. in the Council Chambers, Des Plaines Civic
Center, on August 6, 1979.
ROLL CALL:
Roll Call indicated the following aldermen present:
Koplos, Dwiel, Kehe, Ensign, Henkes, Kisslinger, Birchfield,
Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan.
Absent was Alderman Prellberg. Alderman Kolinski arrived
following approval of Minutes.
Also present were: City Treasurer Swanson, City Comptroller Blietz,
Superintendent of Water Tiernan, Traffic Engineer Crowley, City Engineer
Bowen, Director of Zoning and Planning Richardson, Building Commissioner
Trost, Police Chief Alfano, Fire Chief Gedroic, Health Director Branding,
Environmental Officer Lindahl, and Attorney Lucansky.
PRAYER AND The meeting opened with prayer by Rev. Jones of First
PLEDGE Presbyterian Church, followed by the Pledge of Allegiance
to the flag.
MINUTES:
Moved by Erbach, seconded by Tomaszewski, to approve the
Minutes of the regular meeting held July 16, 1979, as
published. Motion declared carried.
REAL ESTATE Moved by Seitz, seconded by Kisslinger, to adopt the
BROKERS recommendation of City Code and Judiciary Committee
REVIEW BOARD to repeal Sections 5-45-1 thru 5-45-3 of the City Code
having to do with Real Estate Brokers Review Board and
authorize City Attorney to prepare necessary ordinance.
Motion declared carried.
ORDINANCE Moved by Seitz, seconded by Meyer, to adopt the recommenda-
M-23-79 tion of City Code and Judiciary Committee to amend Ordinance
Real Estate M-23-79 having to do with Real Estate Transfer Tax by
Transfer Tax deleting present Section 5-51-6 and inserting new section
as prepared by City Attorney. Motion declared carried.
City Council adjourned into Executive Session at 8:11
P.M. and reconvened at 9:03 P.M. to discuss personnel.
LEGAL SUIT Moved by Seitz, seconded by Koplos, to adopt the recommenda-
ZONING tion of City Code and Judiciary Committee that the City
791 Graceland file an appeal to the Circuit Court decision in the 791
Graceland Avenue zoning case. Upon roll call, the vote
was:
AYES: - 11 - Koplos, Dwiel, Kehe, Ensign, Henkes, Kisslinger,
Tomaszewski, Sarlo, Meyer, Seitz, Ward.
NAYS: 5 - Kolinski, Birchfield, Erbach, Egan, Mayor
Volberding
ABSENT: 1 - Prellberg
Motion declared carried.
FARMERS MARKET Moved by Erbach, seconded by Tomaszewski, to adopt the
recommendation of Public Buildings, Grounds and Parking
Lots Committee to approve the concept of the Farmers
Market to be held at the North School Parking Lot and
authorize the City Attorney to draft the necessary
ordinance for control of same in coming years. During
1979, the retail division of the Chamber of Commerce will
hire the market master to be paid from the proceeds of
the $5 fee charged each farmer participating. Motion
declared carried.
DEMOLITION Moved by Erbach, seconded by Tomaszewski, to adopt the
639 Pearson ST. recommendation of Public Buildings, Grounds and Parking Lots
Committee to revise the total contract cost for the
demolition of property located at 639 Pearson Street
to $6,388.50, which represents a cost differential of
$357.50
Otordo the original or material used
in fill. Moved by Ensign, seconded by Sarlo, to defer action.
8/6/79
214
Page Two
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, $570,870.13.
(Warrant No. 04675 in the amount of $3,750 held).
Upon roll call, the vote was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes,
Kisslinger, Birchfield, Erbach, Tomaszewski,
Sarlo, Meyer, Seitz, Ward, Egan, Mayor
Volberding
NAYS: 0 - None
ABSENT: 1 - Prellberg
Motion declared carried.
AUTOMOBILE Moved by Ward, seconded by Seitz, to adopt the recommendation
CAR WASH of Finance and Insurance Committee to accept the offer
of All-Star Car Wash, 771 Algonquin Road, to wash city
automobiles on a month to month basis at a cost of $200
per month awaiting the outcome of the sale of Des Plaines
Car Wash ,the City's present contractor. Upon roll call,
the vote was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes,
Kisslinger, Birchfield, Erbach, Tomaszewski,
Sarlo, Meyer, Seitz, Ward, Egan, Mayor
Volberding
NAYS: 0 - None
AbSENT: 1 - Prellberg
Motion declared carried.
DEFERRED Moved by Ward, seconded by Seitz, to adopt the recommenda-
COMPENSATION tion of Finance and Insurance Committee to authorize City
Attorney to draft resolution incorporating guidelines
for the administration of deferred compensation by outside
companies, other than the present plan handled by the
International City Managers Association. Motion declared
carried.
BIDS Moved by Ward, seconded by Seitz, to adopt the recommendation
Engineering of Finance and Insurance Committe to advertise for bids
Dept. Truck for a truck for the Engineering Department returnable
September 10, 1979. Motion declared carried.
SIDEWALKS Moved by Ward, seconded by Birchfield, to adopt the
SEEGERS RD. recommendation of the majority of Finance and Insurance
Committee that the question of 100% participation by
the City to replace existing sidewalks along Seegers Road
be referred to the Engineering Department to determine a
system of priorities and that an offer be made to the
residents abutting said sidewalks to participate in the
50/50 sidewalk reconstruction program. Upon roll call
on the divided question, the vote was:
Part one -
AYES: - 2 - Birchfield, Ward
NAYS: 1.3 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes,
Kisslinger, Erbach, Tomaszewski, Sarlo, Meyer,
Seitz, Egan
ABSENT: 1 - Prellberg
Motion declared lost
Part two (participate in 50/50 sidewalk program)
AYES: - 4 - Kolinski, Birchfield, Ward, Egan
NAYS: 11 - Koplos, Dwiel, Kehe, Ensign, Henkes, Kisslinger,
Erbach, Tomaszewski, Sarlo, Meyer, Seitz
ABSENT: 1 - Prellberg
Motion declared lost
Moved by Meyer, seconded by Seitz, that sidewalks on Seegers
Road be installed at 100% cost borne by the City, in the
amount of $13,542.00 (estimate). Upon roll call, the vote
was:
1
SIDEWALKS
SEEGERS RD.
(Continued)
SIDEWALKS
RECONSTRUCTION
PROGRAM
VARIATION
UOP
City Code
Flammable
Materials
STOP SIGNS
FIFTH CT.
FIFTH AVENUE
8/6/79
215
Page Three
AYES: - 12 - Koplos, Dwiel, Kehe, Ensign, Henkes, Kisslinger,
Erbach, Tomaszewski, Sarlo, Meyer, Seitz,
Mayor Volberding
NAYS: 4 - Kolinski, Birchfield, Ward, Egan
ABSENT: 1 - Prellberg
Motion declared carried.
Moved by Ward, seconded by Birchfield, that the 1979
participants in the 50/50 sidewalk reconstruction program
to date who have agreed to pay 50% of the cost, be
included in the 100% Public Benefit program approved
for Seegers Road sidewalks.
Upon roll call, the vote was:
AYES: - 2 - Birchfield, Ward
NAYS: 13 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes,
Kisslinger,,.Erbach, Tomaszewski, Sarlo, Meyer,
Seitz, Egan.
ABSENT: 1 - Prellberg
Motion declared lost.
Moved by°Ensign, seconded by Tomaszewski, to adopt the
recommendation of Building Control and Inspection Committee
that UOP be granted a variation from the requirements of
the City Code to allow them to install a 150 gallon storage
tank with safety features outside the building subject to
final approval of the Building Department and Fire Prevention
Bureau. Motion declared carried.
Moved by Sarlo, seconded by Kisslinger, to adopt the recom-
mendation of Streets and Traffic Committee that stop signs
be installed at the intersection of Fifth Avenue and Fifth
Court and authorize City Attorney to prepare necessary
ordinance. Motion declared carried.
PUBLIC WORKS Moved by Sarlo, seconded by Kehe, to adopt the recommenda-
EQUIPMENT tion of Streets and Traffic Committee to purchase a Royer
Brush Chipper Woodsman Brush Chipper in the amount of $32,000 from
. waiving the usual bid procedures
-since Public Works Department is unable to locate a machine
similar to type recommended for purchase. Upon roll call,
c:#6
the vote was:'
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes,
Kisslinger, Birchfield, Erbach, Tomaszewski,
Sarlo, Meyer, Seitz, Ward, Egan, Mayor
1
ec,
RESIDENT ONLY
PARKING
Evergreen
Willow
MINER/RIVER RD.
AGREEMENT
IDOT
Volberding
NAYS: 0 - None
ABSENT: 1 - Prellberg
Motion declared. carried.
Moved by Sarlo, seconded by Koplos, to adopt the recommenda-
tion of Streets and Traffic Committee that the City adopt
an ordinance "Resident Parking Only" on Evergreen from
Laurel to Graceland and on Willow from Laurel to Graceland
and authorize City attorney to prepare necessary ordinance.
Motion declared carried.
Moved by Sarlo, seconded by Meyer, to adopt the recommenda-
tion of Streets and Traffic Committee to enter into an
agreement with the Illinois Department of Transportation
for the improvement of U. S. 14 Miner Street and Des
Plaines River Road (F.A.U.3512) appropriating the sum of
$40,000 Revenue Sharing Funds and adopting a resolution
prior to the City advertising for the work to be performed.
Upon roll call, the vote was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes,
Kisslinger, Birchfield, Erbach, Tomaszewski,
Sarlo, Meyer, Seitz, Ward, Egan, Mayor
Volberding
NAYS: 0 - None
ABSENT: 1 - Prellberg
Motion declared carried.
0"/
FLOOD PLAIN
VARIATION
I-79
1625 Rand
ZONING CASE
78 -71 -PUD
Woodland &
Grove
ZONING CASE
79-40-R
740 N. Wolf
ENERGY
CONSERVATION
FIRE DEPT.
RULES &
REGULATIONS
RADIO
MAINTENANCE
CHARLES HUG
ATTORNEY
ORDINANCE
M-22-79
Liquor License
Regulations
8/6/79
216
Page Four
Moved by Meyer, seconded by Koplos, to adopt the recommenda-
tion of Municipal Development Committee to grant Flood
Plain Variation at 1625 Rand Road, Case I-79 and authorize
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 grant application
for PUD, upon annexation, Zoning Case 78 -71 -PUD, property
located at Woodland and Grove. Motion declared carried.
Petition in Zoning Case 79-40-R, property located at
740 N. Wolf Road was withdrawn. No action necessary.
Alderman Tomaszewski's request for draft of ordinance
having to do with Energy Conservation for consideration by
the Environmental Control Committee was referred to
Building Department, City Attorney, and Environmental
Control Officer.
Moved by Dwiel, seconded by Sarlo, to adopt the recommenda-
tion of Fire and Civil Defense Committee that the following
be added to the rules and regulations of the Fire Department:
"Employees and Members of the Department shall not feign
illness or injury, falsely report themselves ill or injured
or otherwise deceive or to attempt to deceive any official
of the department as to the condition of their health."
Motion declared carried.
Moved by Dwiel, seconded by Sarlo, to adopt the recommenda-
tion of Fire and Civil Defense Committee to award the
contract for Radio Maintenance to the low bidder,
Metrocom Service, in the amount of $11,398.80 per year.
Upon roll call, the vote was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes,
Kisslinger, Birchfield, Erbach, Tomaszewski,
Sarlo, Meyer, Seitz, Ward, Egan, Mayor
Volberding
NAYS: 0 - None
ABSENT: 1 - Prellberg
Motion declared carried.
Moved by Seitz, seconded by Meyer, to adopt the recommenda-
tion of City Code and Judiciary Committee that the Mayor
be authorized to retain the services of former City
Attorney Charles Hug as a consultant at the rate of
$50 per hour for whatever he deems appropriate.
Upon roll call, the vote was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes,
Kisslinger, Birchfield, Erbach, Tomaszewski,
Sarlo, Meyer, Seitz, Ward, Egan, Mayor
Volberding
NAYS: 0 - None
ABSENT: 1 - Prellberg
Motion declared carried.
Moved by Kisslinger, seconded by Erbach, to pass Ordinance
M-22-79, AN ORDINANCE AMENDING SECTIONS 5-34-15, 5-34-19,
5-34-22, 5-34-26 and 5-34-31 OF THE CITY CODE HAVING TO
DO WITH LIQUOR LICENSES BY PROVIDING THAT CERTAIN BUSINESS
CHANGES TERMINATE A LICENSE, BY DEFINING THE AUTHORITY OF
,THE COMMISSIONER AND LICENSE AND INSPECTION COMMITTEE AND
BY DELETING OUTDATED REFERENCES. Upon roll call, the vote
was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes,
Kisslinger, Birchfield, Erbach, Tomaszewski,
Sarlo, Meyer, Seitz, Ward, Egan, Mayor
Volberding
NAYS: 0 - None
ABSENT: 1 - Prellberg
Motion declared carried.
,011
8/6/79
Page Five
217
ORDINANCE Moved by Seitz, seconded by Meyer, to pass Ordinance
M-23-79 M-23-79, AN ORDINANCE AMENDING TITLE V OF THE CITY CODE
Real Estate HAVING TO DO WITH BUSINESS REGULATIONS BY ADDING THERETO
Transfer A NEW CHAPTER 51 ESTABLISHING AND IMPOSING A REAL ESTATE
Tax TRANSFER TAX. Moved by Seitz, seconded by Meyer, to
amend Ordinance M-23-79, by deleting present 5-51-6 and
inserting the following:
"5-51-6: SUBDIVISION OR CONDOMINIUM VIOLATIONS: The
Declaration to be filed shall first be presented to the
Director of Planning and Zoning or his agent who shall
determine if the real estate to be transferred violates
Section 9-12-2 (A) OF the Des Plaines City Code, except
as to any real estate that was transferred in the same
lot or portion thereof prior to August 1, 1979, or
Cha -ter 12 of Title IX of the Des Plaines City Code as
to any condominium conversions commencing subsequent
to July 31, 1979. The Director of Planning and Zoning shall
have the authority to require the seller or grantor to
provide documentation to substantiate that no such
violations do exist. If a violation is determined to exist,
the Transfer Tax Stamps shall not be issued."
Upon roll call, the vote to amend was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes,
Kisslinger, Birchfield, Erbach, Tomaszewski,
Sarlo, Meyer, Seitz, Ward, Egan, Mayor
Volberding
NAYS: 0 - None
ABSENT: 1 - Prellberg
Motion declared carried.
Mayor Volberding left the chair to debate the question
stating that the Northwest Suburban Board of Realtors has
offered their service to accomplish what the City wishes
to accomplish; that the City does not need to add to the
red tape bureauacy; does not need to add fuel to the fire
in solving the problem of real estate transfers and urges
that Ordinance M-23-79 not be enacted. Following the
Mayor's remarks he returned to the chair.
Moved by Kolinski, seconded by Birchfield to adopt a sunset
law allowing the ordinance to be in effect for one year
and if no violations of the City's ordinances relating
to real estate and subdivision regulations were found,
the City would repeal the ordinance. Upon roll call, the
vote was:
AYES: - 2 - Kolinski, Birchfield
NAYS: 13 - Koplos, Dwiel, Kehe, Ensign, Henkes, Kisslinger,
Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward,
Egan.
ABSENT: 1 - Prellberg
Motion declared lost.
Upon roll call on the vote to pass Ordinance M-23-79, as
amended, the vote was:
AYES: - 11 - Koplos, Dwiel, Ensign, Henkes, Kisslinger,
Erbach, Tomaszewski, Sarlo, Meyer, Seitz,
Ward
NAYS: 5 - Kolinski, Kehe, Birchfield, Egan, Mayor
Volberding
ABSENT: 1 - Prellberg
Motion to pass Ordinance M-23-79 declared carried.
ORDINANCE Placed on First Reading was Ordinance Z-16-79, AN ORDINANCE
Z-16-79 GRANTING A VARIATION TO SECTION 3.2.4 OF THE ZONING ORDINANCE
579 Forest OF THE CITY OF DES PLAINES, ILLINOIS. CASE NO. 78-57-V,
property located at 579 Forest Avenue
ORDINANCE Moved by Koplos, seconded by Meyer, to waive First Reading
Z-17-79 and place on passage Ordinance Z-17-79, AN ORDINANCE GRANTING
314 Alles VARIATIONS TO SECTIONS 3.4.4 and 9.1.7.1 OF THE ZONING
ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE NO.
79-37-V, property located at 314 Alles Street. Motion
declared carried. Moved by Koplos, seconded by Meyer, to
pass Ordinance Z-17-79. Upon roll call, the vote was; /6
ORDINANCE
Z-17-79
Continued
ZONING CASE
79-46- V
900 Lee St.
BIGGS
RESUBDIVISION
BUS SHELTERS
NO PARKING
1595 Ashland
WATER USAGE
Miner St.
APPOINTMENTS
ORDINANCE
Z-18-79
776 W. Oakton
8/6/79
218
Page Six
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes,
Kisslinger, Birchfield, Erbach, Tomaszewski,
Sarlo, Meyer, Seitz, Ward, Egan, Mayor
Volberding
NAYS: 0 - None
ABSENT: 1 - Prellberg
Motion declared carried.
Letter from Zoning Board of Appeals re Case 79-46-V,
property located at 900 Lee Street was referred to
Municipal Development Committee.
Plat of Biggs Resubdivision, located at 2145 Elmira
was referred to Municipal Development Committee.
Letter from RTA re bus shelters was referred to Public
Buildings, Grounds and Parking Lots along with recommended
locations prepared by Commissioner of Public Works
Letter requesting No parking area'in front of 1595 Ashland
Avenue was referred to Streets and Traffic Committee
Letter from Mr. Konopki to meet with Water and Sewer
Committee re charges for water usage was referred to Water
and Sewer Committee.
Moved by Koplos, seconded by Sarlo, to concur with Mayor's
reappointment of Mr. William Muehlenbeck to the Architectural
Commission, term to expire August 5, 1980. Motion declared
carried.
Moved by Meyer, seconded by Seitz, to concur with Mayor's
reappointment of Mr. Kristin Dahlstrom to the Beautification
Commission, term to expire August 7, 1983. Motion declared
carried.
Moved by Sarlo, seconded by Tomaszewski, to concur with
Mayor's reappointment of Mr. Richard Matushek to the
Architectural Commission, term to expire August 5, 1983.
Motion declared carried.
Moved by Ward, seconded by Erbach, to waive First Reading
and place on passage Ordinance Z-18-79, AN ORDINANCE
AMENDING THE PROVISIONS OF ORDINANCE Z-11-79 HAVING TO
DO WITH 776 WEST OAKTON STREET, DES PLAINES ILLINOIS,
BY SPECIFYING CERTAIN DETAILS. Motion declared carried.
Moved by Ward, seconded by Erbach to pass Ordinance
Z-18-79. Moved by Ward seconded by Erbach to amend
Declaration of Restrictive Covenants, Section 3 changing
years from 75 years to twenty five years (25). Upon
roll call on the motion to amend the restrictive covenants,
the vote was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes,
Kisslinger, Birchfield, Erbach, Tomaszewski,
Sarlo, Meyer, Seitz, Ward, Egan, Mayor
Volberding
NAYS: 0 - None
ABSENT: 1 - Prellberg
Motion declared carried.
Upon roll call on the vote to pass, Ordinance Z-18-79, the
vote was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes,
Kisslinger, Birchfield, Erbach, Tomaszewski,
Sarlo, Meyer, Seitz, Ward, Egan, Mayor
Volberding
0 - None
1 - Prellberg
NAYS:
ABSENT:
Motion declared carried.
/OP
8/6/79
Page Seven
219
CITY Moved by Seitz, seconded by Meyer, to concur with Mayor
ATTORNEY Volberding's appointment of Attorney James Smith as
APPOINTMENT City Attorney of Des Plaines. Motion declared carried.
LIQUOR LICENSE REquest of Lums Restaurant, 1225 S. Elmhurst Road for a
LUMS Class E liquor license was referred to License and
1225 S. Elmhurst Inspection Committee.
NO PARKING Alderman Birchfield's request for No Parking signs on Pine
PINE ST. Street was referred to Streets and Traffic Committee.
BLOCK PARTY Moved by Kehe, seconded by Dwiel, to allow residents of
1600 Block the 1600 block of VanBuren Avenue from River Road west
VanBuren to White Street to hold a block party from noon to 8 P.M.
on August 18, following the signing of a hold -harmless
statement in the event of liability by the residents of
the 1600 block of VanBuren. Motion declared carried.
LEGAL SUIT Moved by Kehe, seconded by Dwiel, that the City file
Zoning Board suit against the Zoning Board of Appeals for decision
of Appeals rendered in Case 79-44-V, to allow parking in an R-2
Residence District, property located at 1419 Lincoln Avenue.
Motion declared carried.
ADJOURNMENT: Moved by Seitz, seconded by Sarlo, that the regular meeting
of the City Council adjourn. Motion declared carred.
Meeting adjourned at 11:4 M.
APPROVED BY ME THIS
1
BERT H. 0 BERDING, SR.,
Bertha Eleanor Rohrbac , CITY CLERK