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09/04/1979227. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CIVIC CENTER, TUESDAY, September 4, 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 8:15 P.M. in the Council Chambers, Des Plaines Civic Center, on September 4, 1979 ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan. Also present were: Assistant Comptroller Placko, Superintendent of Water and Sewer Tiernan, City Treasurer Swanson, Traffic Engineer Crowley, Assistant Engineer Perl, Director of Planning and Zoning Richardson, Building Commissioner Trost, Police Chief Alfano, Fire Chief Gedroic, Health Director Branding, Environmental Officer Lindahl, and City Attorney Smith. PRAYER AND The meeting opened with prayer by Rev. Jackson of Christ PLEDGE Church, followed by the Pledge of Allegiance to the flag. MINUTES: BILLS PAYABLE Moved by Ensign, seconded by Dwiel, to approve the Minutes of the regular meeting held August 20, 1979, as published. Correction, Page 4, paragraph 1, line 4, change December 31 to December 1. Following correction, motion to approve declared carried. Moved by Ward, seconded by Sarlo, 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, $149,715.92. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. PUBLIC WORKS Moved by Ward, seconded by Seitz, to adopt the recommendation EQUIPMENT of Finance and Insurance Committee to concur with the Trucks recommendation of Commissioner of Public Works Schwab to accept the increase of 32%, amounting to $300 per truck, for two 1980 trucks from Arnie Yusim Chevrolet as they are unable to furnish two 1979 trucks per bid specifications. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. ORDINANCE Moved by Seitz, seconded by Meyer, to adopt the recommendation I M-23-79 of City Code and Judiciary Committee that the Mayor's Veto veto of Ordinance M-23-79 (Real Estate Transfer Tax) be overriden. Motion declared carried. (See minutes later in meeting for action taken) BUS SHELTERS Moved by Erbach, seconded by Ensign, to adopt the recommendatioi of Public Buildings, Grounds and Parking Lots Committee to authorize Mayor and City Clerk to sign amended agreement between RTA AND the City for the installation of eight bus shelters by the City of Des Plaines to be paid by RTA. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan j NAYS: 0 - None ABSENT: - 0 - None Motion declared carried. 1 1 9/4/79 Page Two 228 TRANSIT Moved by Erbach, seconded by Seitz, to adopt the recommenda- SHELTERS tion of Public Buildings, Grounds and Parking Lots Committee BUS Shelters that no action be taken on the letter from Transit Shelters of America re bus shelters. Motion declared carried. H.H.BEHREL Moved by Erbach, seconded by Tomaszewski, to adopt the recom- PARKING PLAZA mendation of Public Buildings, Grounds and Parking Lots deck coating Committee that the City advertise for bids returnable September 12, 1979, at 3 P.M. for the Waterproof coating of two decks of the Herbert H. Behrel Parking Plaza. Motion declared carried. C & NW RR Moved by Erbach, seconded by Tomaszewski, to adopt the recom- Parking Lot mendation of Public Buildings, Grounds and Parking Lots Lease Committee to authorize Mayor and City Clerk to sign lease agreement with Chicago and North Western Transporation Company at a cost of $1 per year, for 12,450 square feet of property for parking on the north side of Miner Street parking lot (25 spaces). Upon roll call, the vote was: AYES: 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT:0 - None Motion declared carried. PARKING Moved by Erbach, seconded by Tomaszewski, to adopt the recom- LEASE mendation of Public Buildings, Grounds and Parking Lots Mall Corp. Committee to enter into a 60 day lease agreement with Des Plaines Mall Corporation for 20 parking spaces in Lot #2 at a cost of $20 per month per vehicle to accomodate Mall employees, City Attorney to draft necessary lease agreement for review by the Committee. Motion declared carried. SO0 LINE Moved by Birchfield, seconded by Ward, to adopt the recommenda- BEAUTIFICATION tion of Beautification and Forestry Committee to award the Phase I contract for the Soo Line Beautification, Phase I to the low bidder, Berthold Nursery, in the amount of $18,012.15. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward NAYS: 1 - Egan ABSENT: 0 - None Motion declared carried. GRACELAND & Moved by Birchfield, seconded by Ward, to adopt the recommenda- LEE ST. tion of Beautification and Forestry Committee to award the BEAUTIFICATION contract for Graceland and Lee Beautification, 1979 to 1979 the low bidder, Berthold Nursery in the amount of $5,462.50. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward NAYS: 1 - Egan ABSENT: 0 - None Motion declared carried. TREES Moved by Birchfield, seconded by Dwiel, to adopt the recommenda Fall Planting tion of Beautification and Forestry Committee that the City advertise for bids for 28 trees for fall planting, returnable on the date set by the Forester. Motion declared carried. ZONING CASE 79-49-V 441 Oak ZONING CASE 79 -48 -SU 1530 Rand Rd. Moved by Meyer, seconded by Koplos, to adopt the recommendation of Municipal Development Committee to concur with Zoning Board in Case 79-49-V, 441 Oak Street, and authorize City Attorney to draft necessary ordinance. Motion declared carried. Moved by Meyer, seconded by Seitz, to adopt the recommendation of Municipal Development Committee to concur with Zoning Board of Appeals in Case 79 -48 -SU, 1530 Rand Rd. and authorize City Attorney to draft necessary ordinance. AviLMotion declared carried. 9/4/79 229 Page Three ROGERS Moved by Meyer, seconded by Seitz, to adopt the recommendation O'HARE of Municipal Development Committee to approve Plat of SUBDIVISION Rogers O'Hare Subdivision located at Old Higgins Road and Mt. Prospect Road, contingent upon approval of the State of Illinois Water Resource Commission whereupon City Engineer will affix his signature. Motion declared carried. ZONING CASE Moved by Meyer, seconded by Sarlo, to adopt the recommendation 79-5-A of Municipal Development Committee to concur with Zoning 2200 to Board of Appeals in Case 79-5-A, 2200-2400 E. Devon Avenue 2400 E. Devon to grant request for an Amendment to the Restrictive Covenant to reduce the size of the lake area from the required 15 acres to 14 acres in "C-1 Commercial" district, amending paragraph C. of Recitals from a period of fifty (50) years to perpetuity. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. WATER USAGE Deferred motion to adopt the recommendation of Water and Peter J. Sewer Committee that the City require the payment of $1,918.35 Konopka for water used during the five month period December 1, Miner St. 1978 to April 30, 1979 from Mr. Peter J. Konopka, building at Miner and Pearson Street was brought to the floor. Motion declared carried. Chairman Koplos requested that matters pertaining to payment of water bills be handled administratively in the future and not referred to Water and Sewer Committee. REFUSE PICKUP Moved by Prellberg, seconded by Erbach, to adopt the recom- School Dist. mendation of Sanitation Committee that the City discontinue #62 as of October 1, 1979, the paying of statement for District #62 refuse pick up. Motion declared carried. WASTEWATER Moved by Tomaszewski, seconded by Egan, to adopt the recom- AEROSOLS & mendation of Environmental Control Committee to authorize DISEASE the expenses of Environmental Officer Lindahl to attend SYMPOSIUM the EPA symposium on Wastewater Aerosols and Disease, at a cost of approximately $180. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. ORDINANCE M-24-79 Tax Levy City Council recessed from 9:30 P.M. to 9:48 P.M. into Executive Session for purposes of discussing pending litigation Moved by Seitz, seconded by Kisslinger, to pass Ordinance M-24-79, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1979, AND ENDING DECEMBER 31, 1979. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. WINDY POINT At the request of Alderman Koplos, his remarks as follows SUBDIVISION will become part of the record. "One of the propertyownerw talked with Mr. LaSasso of the Recorder of Deeds Office and he has indicated to one of the property owners that any document not approved by the City Council and signed by the Mayor would not be recognized when it was challenged in a court of law. Lot 26, 421 Simone Drive, on the original for the property there was a five foot easement granted. It appears on a survey dated April 15, 1977, long before the new amendments were recorded. It was 4.e I(/ III EASEMENTS PETITION Des Plaines Valley Horseman's Association PETITION Graceland Ave. Parking ORDINANCE T-18-79 1595 Ashland ORDINANCE T-19-79 Parking Pine St. ORDINANCE T-20-79 4 -way stop Rusty & Estes IORDINANCE M-27-79 Fees ORDINANCE M-28-79 Fees ORDINANCE M-30-79 No Fee Parking 9/4/79 Page Four 230 changed to five feet on the west side of that particular lot. There is a problem because the storm sewer runs along the west side of the lot and there could be an objection as it appears that a fireplace chimney encroaches on this easement. I request the Mayor, Attorney, Engineer and Planning Department investigate this matter and report to me how this was allowed to happen as it appears the property owner put the sewer into the wrong side of the lot. The address is 421 Simone Drive, lot 26." Alderman Seitz's request for revision of the City's ordinances relating to easements and setting of limitations for easements was referred to Building Control and Inspection Committee. Alderman Koplos submitted a petition signed by residents living near the area of the reqest of the Des Plaines Valley Horseman's Association to establish a stable expressing opposition. Petition was referred to Health and Welfare Committee. Alderman Dwiel submitted a petition signed by residents of Graceland Avenue, between Thacker Ave and Soo Line tracks requesting restricted parking on the east side of the street. Petition referred to Streets and Traffic Committee. Placed on First Reading was Ordinance T-18-79, AN ORDINANCE AMENDING SECTION 10-5-4 SCHEDULE I, OF THE CITY CODE HAVING TO DO WITH PROHIBITED PARKING BY ADDING THERETO NO PARKING ON ASHLAND AVENUE BETWEEN THE EAST AND WEST DRIVEWAYS, IN FRONT OF 1595 ASHLAND AVENUE. Moved by Birchfield, seconded by Erbach, to waive First Reading and place on passage Ordinance T-19-79, AN ORDINANCE AMENDING SECTION 10-5-4 SCHEDULE I OF THE CITY CODE HAVING TO DO WITH PROHIBITED PARKING BY ADDING THERETO PARKING ON WEST SIDE OF PINE STREET FROM PROSPECT AVENUE TO HOWARD AVENUE. Motion declared carried. Moved by Birchfield, seconded by Erbach, to pass Ordinance T-19-79. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Tomaszewski, seconded by Sarlo, to waive First Reading and place on passage Ordinance T-20-79, AN ORDINANCE AMENDING SECTION 10-7-3 OF THE CITY CODE HAVING TO DO WITH STOP STREETS BY ADDING THERETO AN ADDITIONAL FOUR WAY STOP AT RUSTY DRIVE AND ESTES AVENUE. Motion declared carried. Moved by Tomaszewski, seconded by Sarlo, to pass Ordinance T-20-79. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Placed on First Reading was Ordinance M-27-79, AN ORDINANCE AMENDING SECTION 5-48-6 OF TITLE V. CHAPTER 48 OF THE DES PLAINES CITY COEE HAVING TO DO WITH FEES FOR REGULATORY CERTIFICATES. Placed on First Reading was Ordinance M-28-79, AN ORDINANCE AMENDING SECTION 5-1-3.1, TITLE V, CHAPTER 1, OF THE DES PLAINES CITY CODE HAVING TO DO WITH THE SCHEDULE OF BUSINESS LICENSE FEES. Moved by Ward, seconded by Koplos, to waive First Reading and place on passage Ordinance M-30-79, AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE M-28-78 HAVING TO DO WITH NO FEE PARKING BY EXTENDING THE TERMINATION DATE TO JANUARY 1, 1980. 1 ORDINANCE M-30-79 Continued ORDINANCE M-31-79 Vehicle Transfer Fees ORDINANCE M-32-79 Vehicle Stickers ORDINANCE M-33-79 Soil & Water Conservation District ORDINANCE M-34-79 Windy Point Subdivision RESOLUTION R-13-79 Block Party RESOLUTION R-14-79 Alles St. Block Party Block Parties MAINE TWP. IBAND to Rose Bowl ORDINANCE M-23-79 Real Estate Transfer Tax 9/4/79 231 Page Five Motion declared carried. Moved by Ward, seconded by Koplos to pass Ordinance M-30-79. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Placed on First Reading was Ordinance M-31-79, AN ORDINANCE AMENDING SECTION 10-9-3 OF THE CITY CODE HAVING TO DO WITH VEHICLE LICENSE TRANSFER FEES FOR PERSONS OVER THE AGE OF SIXTY-FIVE (65) YEARS. Placed on First Reading was Ordinance M-32-79, AN ORDINANCE AMENDING SECTION 10-9-6 OF THE CITY CODE DEALING WITH THE PLACEMENT AND DISPLAY OF THE CITY VEHICLE LICENSE STICKER OR VEHICLE LICENSE PLATE. Placed on First Reading was Ordinance M-33-79, AN ORDINANCE RESOLVING THAT THE CITY OF DES PLAINES EXERCISE POWER TO OPTOUT OF THE SOIL AND WATER CONSERVATION DISTRICT AS PER CHAPTER 5 s 138.7 OF THE ILLINOIS REVISED STATUTES, EFFECTIVE JANUARY 1, 1978. Moved by Ensign, seconded by Seitz, to waive First Reading and place on passage Ordinance M-34-79, AN ORDINANCE AUTHORIZING AND DELEGATING TO THE BUILDING, CONTROL AND INSPECTION COMMITTEE THE POWER TO RECEIVE AND INVESTIGATE COMPLAINTS REGARDING WINDY POINT SUBDIVISION PLATS. Motion declared carried. Moved by Ensign, seconded by Seitz to pass Ordinance M-34-79. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Ensign, seconded by Henkes, to adopt Resolution R-13-79, WAIVING THE BLOCK PARTY CERTIFICATE OF INSURANCE REQUIREMENT AND GRANTING A BLOCK PARTY FOR WEST GRANT DRIVE, BETWEEN SOUTHEAST PLACE AND SOUTHWEST PLACE, FOR AUGUST 25, 1979. Motion declared carried. p,4ss Moved by Kolinski, seconded by Koplos, teLTret Reecdirig ,and,place on passage Resolution R-14-79, A RESOLUTION WAIVING THE BLOCK PARTY CERTIFICATE OF INSURANCE REQUIREMENT AND GRANTING A BLOCK PARTY FOR ALLES STREET BETWEEN HARDING AND BROWN, FOR SEPTEMBER 15, 1979 - RAIN DATE, September 16, 1979. Motion declared carried. Referred to Finance and Insurance for investigation that the City's to cover the waiving of the block insurance requirement. Committee was the request insurance is adequate party certificate of Referred to Youth Activity Committee and Youth Commission was Alderman Sarlo's request to investigate the possibility of assisting the Maine West High School Ban to travel to the Rose Bowl in January. Moved by Seitz, seconded by Meyer, to reconsider the vote taken on the passage of Ordinance M-23-79, AN ORDINANCE AMENDING TITLE V OF THE CITY CODE HAVING TO DO WITH BUSINESS REGULATIONS BY ADDING THERETO A NEW CHAPTER 51 ESTABLISHING AND IMPOSING A REAL ESTATE TRANSFER TAX. Upon roll call, the vote to reconsider was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Egan ORDINANCE M-23-79 Continued OLYMPIC CONTENDER Debbie Carlstrom MT. PROSPECT REQUEST FOR WATER PETITION FOR ANNEXATION Emhurst Rd. RESOLUTION R-15-79 Police & Fire Supervisors ORDINANCE M-35-79 Police & Fire Supervisors MORATORIUM Parking Lots in Residen- tial ADJOURNMENT: 9/4/79 Page Six 232 Moved by Seitz, seconded by Meyer, to override the veto of the Mayor in the matter of Ordinance M-23-79. Upon roll call, the vote was: AYES: - 11 - Koplos, Dwiel, Ensign, Henkes, Kisslinger, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward NAYS: 5 - Kolinski, Kehe, Prellberg, Birchfield, Egan ABSENT: 0 - None Motion declared carried. Letter from Des Plaines Park District re fund raising activities for a 1980 Winter Olympics hop eful, Debbie Carlstroi was referred to Youth Activity Committee and Youth Commission. REquest of Mt. Prospect officials for an initial discussion as to whether or not Mt. Prospect could or should purchase Lake Michigan water through Des Plaines was referred to Water and Sewer Committee. Petition for Annexation received from W. E. O'Neil Construction Company to annex property located at Elmhurst and Northwest Tollway was referred to Municipal Development Committee. Moved by Seitz, seconded by Meyer, to adopt an amendment to the City Code to provide for Resolution R-15-79, as proposed by Mayor Volberding, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HAVING TO DO WITH THE SALARIES OF SUPERVISORS OF THE FIRE AND POLICE GROUPS, by amending Section 1-15-7 (C) of the City Code to allow for Schedules IA and IIA salary increases to be effective as of May 1st of each year. Moved by Kolinski, seconded by Egan to table the motion. Upon roll call to table, the vote was: AYES: - 5 - Kolinski, Dwiel, Prellberg, Ward, Egan NAYS: 11 - Koplos, Kehe, Ensign, Henkes, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz ABSENT: 0 - None Motion to table declared lost Following discussion, motion declared carried. Moved by Seitz, seconded by Erbach, to adopt Resolution R-15-79, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HAVING TO DO WITH THE SALARIES OF SUPERVISORS OF THE FIRE AND POLICE GROUPS (Supervisors). Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Kehe, Ensign, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Ward NAYS: 2 - Dwiel, Egan ABSENT: 0 - None Motion declared carried. Henkes, Prellberg, Tomaszewski, Moved by Seitz, seconded by Erbach, to waive First Reading and place on passage Ordinance M-35-79, AN ORDINANCE AMENDING SECTION 1-15-7 (C) OF THE CITY CODE HAVING TO DO WITH SALARY ADVANCEMENT BY DEFINING ANNIVERSARY DATE FOR CERTAIN EMPLOYEES. Motion declared carried. Moved by Seitz, seconded by Meyer, to pass Ordinance M-35-79. Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward NAYS: 2 - Dwiel, Egan ABSENT: 0 - None Motion declared carried. Moved by Meyer, seconded by Seitz, to declare a moratorium on the issuance of building permits or accepting petitions for parking lots in a residential area until following action by City Council on proposed text amendment to the Zoning Ordinance. Motion declared carried. Moved by Meyer, seconded by Seitz, that the regular meeting of the City Council adjourn. Motion declared carrie Meeting adjourned at 11:11 P.M aZe-i Bertha ElPannr Rnhrhanh APPROVED BY ME THIS HERBERT H. VOLBERDING, MAYOR 1 1