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10/15/1979247 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THF COUNCIL CHAMBERS, CIVIC CENTER, Monday, October 15, 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 8:05 P.M. in the Council Chambers, Des Plaines Civic Center, on October 15, 1979 111 ROLL CALL: 1 1 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: City Comptroller Blietz, City Treasurer Swanson, Acting Commissioner of Public Works Tiernan, Health Director Branding, Fire Chief Gedroic, Police Chief Alfano, Building Commissioner Trost, Director of Zoning and Planning Richardson, City Engineer Bowen, Supt. of Streets Matula, License Officer Hinde, Environmental Officer Lindahl, Traffic Engineer Crowley, and City Attorney Smith PRAYER AND PLEDGE MINUTES: The meeting opened with prayer by Rev. Lloyd Wolters, pastor of the First Christian Reformed Church, followed by the Pledge of Allegiance to the flag. Moved by Erbach, seconded by Sarlo, to approve the Minutes of the regular meeting held October 1, 1979, as Published. Motion declared carried. DES PLAINES Alderman Koplos, chairman of the Des Plaines City Officials POLICE BOYS Golf Outing presented to Mr. 0. D. Swanson a check in CLUB the amount of $550 for the Des Plaines Police Boys Club, representing proceeds from the City Officials golf outing. SEEGERS RD. Moved by Meyer, seconded by Seitz, to suspend the rules SIDEWALKS to allow consideration of the Veto Message of the Mayor relative to Seegers Road Sidewalks installation. Upon roll call, the vote was: AYES: - 10 - Koplos, Kehe, Ensign, Henkes, Kisslinger, Erbach, Tomaszewski, Sarlo, Meyer, Seitz NAYS: 6 - Kolinski, Dwiel, Prellberg, Birchfield, Ward, Egan ABSENT: 0 - None Motion declared carried. Moved by Meyer, seconded by Egan, to allow a resident of the Seegers Road area to speak on behalf of the Seegers Road residents. Motion declared carried. Mrs. Zita Badgley, 612 Seegers Road addressed the City Council urging that the City Council install Seegers Road sidewalks as proposed at the last meeting. Moved by Meyer, seconded by Seitz, to reconsider the motion that the City proceed with the contract price of $24,561.40 which includes sodding and top soil for the installation of the Seegers Road sidewalk, following recommendation of City Engineer in letter Ref. #79737. Upon roll call, the vote was: AYES:- 11 - Koplos, Kehe, Ensign, Henkes, Kisslinger, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan NAYS: 5 - Kolinski, Dwiel, Prellberg, Birchfield, Ward ABSENT: 0 - None Motion declared carried. Moved by Meyer, seconded by Seitz, to override the Mayor's veto of the motion under reconsideration to install Seegers Road Sidewalks. Upon roll call, the vote was: AYES: - 10 - Koplos, Dwiel, Kehe, Ensign, Henkes, Erbach, Tomaszewski, Sarlo, Meyer, Seitz NAYS: 6 - Kolinski, Prellberg, Kisslinger, Birchfield, Ward, Egan ABSENT: 0 - None Due to lack of 2/3 vote, motion declared lost. /gi BILLS PAYABLE NWMC Legal Challenge Fund Bonding for Pension LIABILITY CLAIMS GARBAGE PICKUP RATES GARBAGE DISPOSAL CONTRACT Addendum 10/15/79 248 Page Two 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, $844,592.06. Moved by Koplos, seconded by Sarlo, to delete Voucher No. 05833, payable to DiPaolo Co., in the amount of $7,,295.85. Motion declared carried. (New Total, $837,296.21.) Upon roll call on resolution as amended, 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 Ward, seconded by Seitz, to adopt the recommenda- tion of Finance and Insurance Committee that the City participate in the Northwest Municipal Conference legal challenge fund, limit $1,000, in the Municipal Bonding for Pension Purposes issue. 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. City Council adjourned into executive session to discuss collective bargaining from 9 p.m. to 10:05 P.M. Moved by Ward, seconded by Seitz, to adopt the recommendation of Finance and Insurance Committee to accept the recommenda- tion of R. L. Kautz & Co. to settle liability claims as follows: Eugene & D. Mayer; $5,568.90 and Victor and Janel Boecianski, $4,814.42. Upon roll call, the vote was: AYES: - 16 NAYS: 0 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan - None ABSENT: 0 - None Motion declared carried. Moved by Prellberg, seconded by Erbach, to adopt the recom- mendation of Sanitation:Committee.to: uthorize.._City._ Attorney draft ordinance amendment having to do with Garbage disposal charges to charge the home owner the fee which the private scavenger company charges the city. Motion declared carried. Alderman Meyer voted No. Moved by Prellberg, seconded by Erbach, to adopt the recom- mendation of Sanitation Committee to authorize Mayor to sign a letter of understanding which amends the current agreement between the City and Standard Disposal of Illinois, changing the dates for the fees for collection rate from January 1st to March 1st of each year. 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. Discussion was held relative to supervision of the contractor by the Public Works Department. TEXT AMENDMENT Zoning Ordinance Parking Areas PARKING LOTS DIRT REMOVAL Sondag Chevrolet MFT RESOLUTION Jt. Agreement Lee Street MFT RESOLUTION Lee -Mannheim Walnut to Touhy ORDINANCE M-43-79 Flood Plain Ordinance Flood Hazard Boundary Maps 10/15/79 249 Page Three Moved by Ensign, seconded by Tomaszewski, to adopt the recommendation of Building Control and Inspection Committee to authorize Director of Zoning and Planning to file petition with Zoning Board of Appeals for a text amendment to Paragraph 9.1.8.4.2.1 to be amended to read as follows: "All off street parking areas and access driveways shall be fully improved with hard surface pave ment as required by the Building Code of the City of Des Plaines." Motion declared carried. Moved by Ensign, seconded by Kolinski, to adopt the recom- mendation of Building Control and Inspection Committee to authorize City Attorney to draft necessary housekeeping amendments to the City Code having to do with Parking lots, as recited in letter from Director of Zoning and Planning Richardson, dated October 9, 1979. Motion declared carried. Moved by Ensign, seconded by Sarlo, to adopt the recommenda- tion of Building Control and Inspection Committee to deny request of Sondag Chevrolet to move 10,000 to 21,000 cubic feet of dirt from Sondag Chevrolet, Golf Road to Longacres Subdivision between Thacker and Algonquin along the outer belt tracks. Motion declared carried. Moved by Sarlo, seconded by Erbach, to adopt the recommenda- tion of Streets and Traffic Committee to enter into a Joint Agreement between the City of Des Plaines and the F.H.W.A. for the improvement of Lee Street from Howard to Touhy Avenue, and adopt a resolution appropriating $126,582 MFT Funds as the City's participating construction costs. 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 Sarlo, seconded by Kehe, to adopt the recommendation of Streets and Traffic Committee to authorize Mayor and City Clerk to sign the agreement between IDOT and the City for the Improvement of Lee -Mannheim Road from Walnut to Touhy Avenue, State Section 1977 -200 -RS & N and further to adopt a resolution appropriating MFT Funds in the amount of $12,075.00 as the city's share of the improvement. 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 Koplos, seconded by Ward, to adopt the recommenda- tion of Water and Sewer Committee to pass Ordinance M-43-79 dealing with Flood Hazard Boundary Maps. Motion declared carried. Moved by Koplos, seconded by Sarlo, to waive First Reading and place on passage Ordinance M-43-79, AN ORDINANCE AMENDING SECTION 9-14-3 OF THE DES PLAINES CITY CODE DEALING WITH FLOOD HAZARD BOUNDARY MAPS. Motion declared carried. Moved by Koplos, seconded by Sarlo to pass Ordinance M-43-79. 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. WINTER OLYMPIC CONTENDER BIDS FIRE STATION #2 LEASE AGREEMENT First National Bank property 1467-81 Ellinwood ORDINANCE M-39-79 Building Contractors license fee LEGAL ACTION 1145 S. Elmhurst (Gramma Sally's) LEGAL ACTION D & G Subdivision Bellaire & University WINDY POINT SUBDIVISION EXECUTIVE SESSIONS WINDY POINT SUBDIVISION DES PLAINES VALLEY HORSEMEN'S ASSOCIATION 10/15/79 250 Page Four Moved by Egan, seconded by Sarlo, to adopt the recommenda- tion of Youth Activity Committee that no taxpayer dollars be allocated to the endeavor of Miss Debbie Carlstrom in the Winter Olympics, and that the City of Des Plaines endorse wholeheartedly her efforts and wish her the best. Motion declared carried. Moved by Erbach, seconded by Tomaszewski, to adopt the recommendation of Building and Grounds Committee that the City re -advertise for bids for Fire Station #2 Structural Reinforcement returnable November 8, 1979, at 3 p.m. Motion declared carried. Moved by Erbach, seconded by Dwiel, to adopt the recommenda- tion of Buildings and Grounds Committee that City Council approve the lease agreement between the First National Bank of Des Plaines and the City of Des Plaines for property commonly known as 1467-81 Ellinwood Street for use as a shopper parking lot. Upon roll call, the vote was: AYES: - 10 NAYS: 5 ABSENT: 0 ABSTAIN: 1 - Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Ward - Kolinski, Sarlo, Meyer, Seitz, Egan - None - Koplos (as he is a stockholder of the First National Bank of Des Plaines) Motion declared carried. Moved by Erbach, seconded by Ensign, to pass Ordinance M-39-79, AN ORDINANCE AMENDING SECTION 5-1-3.1, TITLE V, CHAPTER 1, SUB -SECTION 5-5-5, OF THE DES PLAINES CITY CODE, HAVING TO DO WITH THE SCHEDULE OF BUSINESS LICENSE FEES, INCREASING THE BUILDING CONTRACTORS ANNUAL FEE TO $40.00. 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 Erbach, that the City Council authorize necessary legal action against owners of restaurant located at 1145 S. Elmhurst, for failure to comply with City ordinances - legal action to be handled by Corporation Counsel Lucansky. Motion declared carried. Moved by Koplos, seconded by Ensign, that legal action be taken against the owners of D & G Subdivision, located at Bellaire and University to obtain compliance with City ordinances relative to construction within the subdivision, at once. Motion declared carried. Moved by Ensign, seconded by Seitz, to authorize City Attorney to call in the letter of credit and place building bonds in escrow relative to completion of Windy Point Subdivision. Motion declared carried. Matter of calling executive sessions on Council Meeting nights was referred to City Code and Judiciary Committee Alderman Ensign reported that Inspection Committee would be Attorney Robert DiLeonardi in before the committee on Windy the Building Control and using the services of connection with hearings Point Subdivision. Alderman Kolinski submitted petitions signed by residents attending the Octoberfest requesting the Forest Preserve District to allow land for livery and privately owned horses. 10/15/79 251 Page Five ORDINANCE Moved by Koplos, seconded by Erbach, to waive First Reading T-22-79 and place on passage Ordinance T-22-79, AN ORDINANCE Parking AMENDING SECTION 10-5-24 (A) RESIDENTIAL PARKING, CHAPTER 5, Garland Pl. TITLE X, OF THE DES PLAINES CITY CODE, THEREBY ADDING GARLAND PLACE (FROM DEMPSTER STREET NORTH TO RAND ROAD) AS A 'RESIDENTIAL PARKING ONLY" AREA. Motion declared carried. Moved by Koplos, seconded by Tomaszewski to pass Ordinance T-22-79. 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. ORDINANCE Moved by Koplos, seconded by Egan, to waive First Reading T-23-79 and place on passage Ordinance T-23-79, AN ORDINANCE Hawthorne AMENDING SECTION 10-6-16 (I) OF THE DES PLAINES CITY CODE Garland PERTAINING TO 25 M.P.H. SPEED LIMOT ON CERTAIN STREETS, 25 m.p.h. THEREBY ADDING HAWTHORNE LANE (FROM BIG BEND DRIVE SOUTH TO RAND ROAD) AND GARLAND PLACE (FROM DEMPSTER STREET NORTH TO RAND ROAD). Motion declared carried. Moved by Koplos, seconded by Kolinski, to pass Ordinance T-23-79. 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. ORDINANCE Moved by Koplos, seconded by Kolinski, to waive First Reading T-24-79 and place on passage Ordinance T-24-79, AN ORDINANCE Parking AMENDING SECTION 10-5-4 SCHEDULE I, OF THE DES PLAINES Brown St. CITY CODE PERTAINING TO PROHIBITED PARKING, ADDING THERETO NO PARKING ON BROWN STREET, 60 FEET EAST OF WESTERN AVENUE IN FRONT OF 429 WESTERN AVENUE AND POSTING OF "NO PARKING HERE TO CORNER" SIGNS ACCORDINGLY. Motion declared carried. Moved by Koplos, seconded by Kolinski, to pass Ordinance T-24-79. 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. ORDINANCE Moved by Tomaszewski, seconded by Sarlo, to waive First M-40-79 Reading and place on passage Ordinance M-40-79, AN ORDINANCE Building & AMENDING SECTION 1-6-4 OF THE DES PLAINES CITY CODE Grounds PERTAINING TO COMMITTEES OF THE CITY COUNCIL, CHANGING Committee THE NAME OF THE PUBLIC BUILDINGS, GROUNDS AND PARKING LOTS COMMITTEE TO BUILDING AND GROUNDS COMMITTEE. Motion declared carried. Moved by Tomaszewski, seconded by Sarlo to pass Ordinance M-40-79. 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. ORDINANCE Moved by Dwiel, seconded by Egan, to waive First Reading M-41-79 and place on passage Ordinance M-41-79, AN ORDINANCE Parking AMENDING SECTION 10-5-5 (C) OF THE DES PLAINES CITY CODE Gracoland PERTAINING TO THREE HOUR PARKING, BY ADDING THERETO RESTRICTED PARKING ON THE EAST SIDE OF GRACELAND AVENUE (BETWEEN THACKER STREET AND SOO LINE TRACKS) FROM 10:00 A.M. TO 6:30 P.M. EXCEPT ON SATURDAYS, SUNDAYS AND HOLIDAYS. Motion declared carried. Moved by Dwiel, seconded by Kehe, to pass Ordinance M-41-79. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, NAYS: ) Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan — None ABSENT: - 0 - None /' Motion declared carried. ORDINANCE Z-20-79 Variation 2211 Westview ORDINANCE Z-21-79 1360 Lee ORDINANCE Z-22-79 Text Amend. Post Secondary Institutions ZONING CASE 79 -61 -SU 885 E.Touhy SPECIAL USE PETITIONS RV Vehicles LEGAL SUIT Woodland Ave. ADV. BIDS 10/15/79 Page Six 252 Moved by Erbach, seconded by Birchfield, to waive First Reading and place on passage Ordinance Z-20-79, AN ORDINANCE GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE NO. 79-50-V (2211 Westview Drive). Motion declared carried. Moved by Erbach, seconded by Dwiel to pass Ordinance Z-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. Moved by Koplos, seconded by Ensign, to waive First Reading and place on passage Ordinance Z-21-79, AN ORDINANCE GRANTING A SPECIAL USE TO CONSTRUCT AN 8 FOOT ADDITION TO AN EXISTING BUILDING IN C-2 COMMERCIAL DISTRICT. CASE 79 -57 -SU (1360 Lee Street). Motion declared carried. Moved by Koplos, seconded by Ensign, to pass Ordinance Z-21-79. 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 Z-22-79, AN ORDINANCE AMENDING THE TEXT OF ARTICLE 4- COMMERCIAL DISTRICT REGULATIONS, OF THE DES PLAINES ZONING ORDINANCE, BY ADDING THERETO A NEW SECTION 4.1.2.29 POST SECONDARY EDUCATIONAL INSTITUTIONS - AS A SPECIAL USE ONLY. Case 79-54-A. Letter from Plan Commission an Zoning Board of Appeals re Case 79 -61 -SU, property located at 885 E. Touhy Avenue was referred to Municipal Development Committee. Recommendation of Plan Commission re Special Use Petition hearing was referred to Municipal Development Committee. Recommendation of Engineering Dept for Ordinance relative to Boats, Campers, and Recreational Vehicles was referred to Streets and Traffic Committee Letter from Attorney Lucansky re Woodland Avenue Apartments Case 76CH 6767 was referred jointly to City Code and Judiciary and Building and Control and Inspection Committees. City Clerk notified City Council that bids will be received October 29, 1979, for Civil Defense Equipment Maintenance program CROSSWALK Letter from FAA, 2300 East Devon Avenue, requesting 2300 E. Devon permission for crosswalk for employees only was referred to Streets and Traffic Committee. APPOINTMENT SEEGERS ROAD SIDEWALKS Moved by Koplos, seconded by Seitz, to concur with Mayor's appointment of Mr. Michael Stoltz to remain on the Beautification Commission, term to expire August 7, 1983. Motion declared carried. Moved by Meyer, seconded by Seitz, to authorize the Engineering Department to secure contractors to correct damaged areas pre-existing in asphalt and any other areas of particular problems in connection with Seegers Road sidewalks, the normal bidding procedure to be waived. 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 ABSEMotion'de0clarectcarried. 10/15/79 Page Seven 253 MFT Moved by Erbach, seconded by Tomaszewski, to adopt a RESOLUTION resolution appropriating $12,500 for Phase III of the Street Street Evaluation Program from Motor Fuel Tax Funds. Evaluation 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. ADJOURNMENT: Moved by Kehe, seconded by Seitz, that the regular meeting of the City Council adjourn. Motion declared p cried. Meeting adjourned at 1 40 P.M. APPROVED BY ME THIS HERBERT H. VQLBERDING, MAYOR 1 Bertha Eleanor Rohrba¢h, City Clerk