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02/04/19801 1 294 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CIVIC CENTER, Monday, February 4, 1980 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 February 4, 1980 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: Health Director Branding, Fire Chief Gedroic, Police Chief Alfano, Building Commissioner Trost, Director of Zoning and Planning Richardson, City Engineer Bowen, Environmental Officer Lindahl, Police Captain Clark, Police Captain Kozenczak, Police Lt. Scheskie, Supt. of Sewer Tiernan, Supt. of Streets Matula, Personnel Director Schaer, Senior Citizen Director Tapson, License Officer Hinde, City Treasurer Swanson, City Comptroller Blietz, Commissioner of Public Works Schwab, and City Attorney Smith. PRAYER AND The meeting opened with prayer by Rev. Paul Haberstock, PLEDGE pastor of Immanuel Lutheran Church, followed by the Pledge of Allegiance to the flag. MINUTES: Moved by Kehe, seconded by Sarlo, to approve the Minutes of meeting held January 21, 1980, 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, $486,640.34. 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. BUDGET Moved by Seitz, seconded by Sarlo, to amend the recommenda- tion of the Finance Committee relative to the 1980 budget not to delete Item 22 having to do with Subdivision Lighting for $80,000. Moved by Ward, seconded by Birchfield, to adopt the recommendations of the Finance Committee relative to the 1980 budget. Moved by Koplos, seconded by Meyer, to table the motion to adopt the recommendations and set an ajourned meeting of the City Council to consider said recommendations. Upon roll call, the vote was: AYES: - 11 - Koplos, Kolinski, Ensign, Henkes, Prellberg, Kisslinger, Erbach, Tomaszewski, Sarlo, Meyer, Egan NAYS: 5 - Dwiel, Kehe, Birchfield, Seitz, Ward ABSENT: 0 - None Motion declared carried. RECESS: City Council recessed from 8:25 to 8:37 P.M. to consider pending litigation LEGAL SUIT ZONING (Black Ram) Lincoln Ave. Moved by Seitz, seconded by Kehe, to adopt the recommenda- tion of City Code and Judiciary Committee to enter into agreement with property owners of Black Ram Restaurant in settlement of suit having to do with zoning variation, as proposed by Atty. Lucansky, declaring certain covenants, and authorize Mayor and City Clerk to sign said agreement. Upon roll call, the vote was: AYES: 16 Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes 2/4/80 295 Page Two LEGAL SUIT AYES: .Prellberg, Kisslinger; Birchfield, Erbach, Continued .Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried. WORKMEN'S COMPENSATION Brian Bastian WORKMEN's COMPENSATION George Fortier CONSUMER PROTECTION COMMISSION LIQUOR LICENSE Cas -Mar, Inc. 1504-06 Miner St. LEGAL OPINION Liquor License °Regulations CATV LIME SLUDGE REMOVAL & DISPOSAL Moved by Seitz, seconded by Kisslinger, to adopt the recom- mendation of City Code and Judiciary Committee to settle Workmen's Compensation claim of Police Officer Brian Bastian, in the amount of $4,534.73. Upon roll call, the vote was: AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan - Birchfield - None NAYS: 1 ABSENT: 0 Motion declared carried. Moved by Seitz, seconded by Kisslinger, to adopt the recom- mendation of City Code and Judiciary Committee to settle Workmen's Compensation claim of Police Officer George Fortier, in the amount of $3,410.00. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Erbach, Tomaszewski, Birchfield, Sarlo, Meyer, Seitz, Ward, Egan - None - None NAYS: 0 ABSENT: 0 Motion declared carried. Moved by Seitz, seconded by Meyer, to adopt the recom- mendation of City Code and Judiciary Committee to assign Consumer Protection Commission to City Code and Judiciary Committee for matters needing City Council attention. Motion declared carried. Moved by Kisslinger, seconded by Tomaszewski, to adopt the recommendation of License and Inspection Committee to grant a Class A liquor license to Cas -Mar, Inc., 1504-06 Miner Street to replace the one formerly issued to Sawa's Old Warsaw Restaurant. Motion declared carried. Alderman Kisslinger requested City Attorney to write legal opinion and interpretation.of:AttorneytiLucansky's ruling having to do with issuing liquor licenses relative to powers of Liquor Commission, and refer Atty. Lucansky's letter to City Code and Judiciary Committee. Moved by Kisslinger, seconded by Dwiel, to adopt the recommendation of License and Inspection Committee to authorize expenses for two people to visit Arlington, Virginia, at the suggestion of the Northwest Municipal Conference, to obtain information relative to CATV. Upon roll call, the vote was: AYES: - 5 - Koplos, Dwiel, Kisslinger, Ward NAYS: 11 - Kolinski, Kehe, Ensign, Henkes, Prellberg, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Egan ABSENT: 0 - None Motion declared lost Moved by Ward, seconded by Sarlo, to adopt the recommenda- tion of Water and Sewer Co:.mittee to award the contract for Lime Sludge Removal and Disposal, to the low bidder, Albrecht Enterprises at the rate of $70 per hour for the necessary equipment for the sludge removal from the lagoons, and at the rate of $6.90 per cubic yard for disposal of the sludge, for a total amount of $25,180. Upon roll call, the vote was: AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Erbach, Tomaszewski, Birchfield, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 0 - None Motion declared carried, WATER METERS CONVERSION KITS YOUTH ACTIVITY BUDGET RESOLUTION R-11-80 Youth Activities Park Dist. Agreement WOLF POINT SUBDIVISION (Evergreen Court) SCAVELLI'5 SUBDIVISION MCKAY NEALIS FIRST ADDITION SUBDIVISION GARBAGE DISPOSAL CONTRACT Downtown Litter Baskets STREET LIGHTING ORDINANCE Z-5-80 Text Amend. Sheltered Care Centers 2/4/80 Page Three 296 Moved by Koplos, seconded by Sarlo, to adopt the recommenda- tion of Water and Sewer Committee that the City purchase 600 water meters and 150 conversion kits from Badger Meter Company in the amount of $27,948.00, waiving the usual bid procedure. 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. Moved by Egan, seconded by Sarlo, to adopt the recommendation of Youth Activity Committee that participants in the Youth Activities programs bear 65% of the cost of activities in the 1980 program. Moved by Koplos, seconded by Birchfield to defer action. Moved by Egan, seconded by Sarlo, to adopt Resolution R-11-80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING SIGNATURE OF CONTRACT WITH DES PLAINES PARK DISTRICT ©ONCERNING YOUTH PROGRAM FOR 1980. 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 Tomaszewski, to adopt the recom- mendation of Building Control and Inspection Committee to reduce the subdivision bond for Wolf Point Subdivision, (now Evergreen Court) by $78,660.00, leaving a balance of $88,702.70. Motion declared carried. Moved by Ensign, seconded by Tomaszewski, to adopt the recom- mendation of Building Control and Inspection Committee to reduce Letter of Cridit for Scavelli's Subdivision by $7,200, leaving a balance of $12,800. Motion declared carried. Moved by Ensign, seconded by Tomaszewski, to adopt the recom- mendation of Building Control and Inspection Committee that the public improvements in McKay Nealis First Addition Subdivision, surety bond be or subdivision carried. n and River Road, be accepted and the duced to 10% per administrations directive mprovement bond procedure. Motion declared eeddie E00►4j Moved by Prellberg, seconded by Er ach, to ad t the recom- mendation of Sanitation Committe to reques Standard Disposal Service of Illinois, c. to pic up litter baskets in the downtown area with an dditional pick-ups per week at an additional cost of $ per • Upon roll call, the vote w 6)ee , 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. Motion to adopt recommendation of Streets and Traffic Committee relative to Street Lighting in Subdivisions was withdrawn. Matter referred back to said committee. Moved by Kehe, seconded by Dwiel, to pass Ordinance Z-5-80, AN ORDINANCE AMENDING THE TEXT OF ARTICLE 4 - COMMERCIAL DISTRICT REGULATIONS, THEREBY ADDING A NEW SECTION 4.4.1.49 SHELTERED CARE CENTER IN C-4 DISTRICT AS A SPECIAL USE ONLY, AND AMENDING ARTICLE 1 RULES AND DEFINITIONS, THEREBY ADDING A NEW SECTION 1.2.64.1 SHELTERED CARE CENTER, OF THE DES PLAINES ZONING ORDINANCE. Case No. 79-67-A. 2/4/80 297 Page Four ORDINANCE Moved by Kolinski, seconded by Meyer, to amend Ordinance Z-5-80 Z-5-80, Section 2 - 1.2.64.1 to read as follows: Continued "1.2.64.1 - SHELTERED CARE CENTER: An institution providing shelter and supervision to a maximum of six (6) persons sponsored by a religious or not-for-profit organization registered by the State of Illinois. Said Center shall have a live-in Administrator, allow no medical treatment on site, no alcoholic beverages on site, provide evidence of insurability as determined by the City Council." Motion to amend declared carried. Upon roll call on motion to pass Ordinance Z-5-80, 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. ORDINANCE Moved by Meyer, seconded by Seitz, to remove from the table Z-1-80 the motion to pass Ordinance Z-1-80, AN ORDINANCE GRANTING 740 N. Wolf A SPECIAL USE TO REOPEN DRIVE-IN RESTAURANT IN C-1 COMMERCIAL DISTRICT. CASE NO. 79 -74 -SU (740 N. Wolf Rd.). Motion declared carried. Upon roll call on motion to pass Ordinance Z-1-80, 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 Meyer, seconded by Erbach, to remove from the table Z-3-80 the motion to pass Ordinance Z-3-80, AN ORDINANCE GRANTING 606 Potter Rd. A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE NO. 79-76-V, 606 Potter Rd. Moved by Meyer, seconded by Egan, to refer Ordinance Z-3-80 to Municipal Development Committee. Motion declared carried. ORDINANCE Placed on First Reading was Ordinance Z-6-80, AN ORDINANCE Z-6-80 GRANTING A REZONING FROM R-2 SINGLE FAMILY RESIDENCE TO 543 Des R-5 CENTRAL CORE MULTIPLE FAMILY RESIDENCE DISTRICT, Plaines Ave. AT 543 DES PLAINES AVENUE, DES PLAINES, ILLINOIS, CASE NO. 79-78-R. (543 Des Plaines Avenue.) ORDINANCE Moved by Dwiel, seconded by Erbach, to waive First Reading M-9-80 and place on passage Ordinance M-9-80, AN ORDINANCE AMENDING FIRE DEPT. SECTION 1-15-5 (D) 2. UNIFORM ALLOWANCES, OF CHAPTER 15 UNIFORM TITLE I OF THE DES PLAINES CITY CODE, THEREBY INCREASING THE ALLOWANCES UNIFORM ALLOWANCES FOR AML FIRE PERSONNEL. Motion declared carried. Moved by Dwiel, seconded by Erbach, to pass Ordinance M-9-80. 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 Placed on First Reading was Ordinance M-5-80, AN ORDINANCE M-5-80 PROVIDING FOR THE TRANSFER OF APPROPRIATION WITHIN FUNDS. Transfer of Funds RESOLUTION Moved by Koplos, seconded by Meyer, to adopt Resolution R-10-80 R-10-80, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VFW PARADE DES PLAINES, ILLINOIS, requesting permission from State of Illinois to close certain streets for the VFW parade. Motion declared carried. ZONING CASE 80-2-R 1395 Oakwood Letter from Zoning Board of Appeals re Case 80-2-R, 1395 Oakwood, was referred to Municipal Development Committee. oft ZONING CASE 80-3-R 1710 Rand Rd. SIGN BEHREL DECK LIQUOR LICENSE ICITY COUNCIL MEETING APPOINTMENT 2/4/80 Page Five 298 Letter from Zoning Board of Appeals re Case 80-3-R, 1710 Rand Road was referred to Municipal Development Committee. Request of Maine West High School to place a sign temporarily on the Herbert H. Behrel Parking Plaza was referred to Building Control and Inspection Committee and Building and Grounds Committee. Liquor License Application of Frankie's Two, 769 Holiday Lane, was referred to License and Inspection Committee. Moved by Koplos, seconded by Seitz, to hold the next regular meeting of the City Council on a holiday, February 18, 1980. Motion declared carried. Moved by Koplos, seconded by Meyer, to concur with Mayor's reappointment of Mr. Ira Feldman to the Human Relations Commission, term to expire December 31, 1982. Motion declared carried. ADJOURNMENT: Moved by Meyer, seconded by Seitz, to adjourn this meeting until 7:30 P.M., Wednesday, February 13, 1980. Motion declared carried. Meeting adjourned at 10:20 P.M. MINUTES OF THE ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CIVIC CENTER, Wednesday, February 13, 1980 CALL TO ORDER: The adjourned meeting of the City Council of the City of Des Plaines was called to order by Mayor Herbert H. Volberding at 7:30 P.M. in the Council Chambers, Des Plaines Civic Center, on February 13, 1980. 1 ROLL CALL: BUDGET: 1 Roll Call indicated the following aldermen present: Koplos, Kolinski, Dwiel, Kehe, Ensign, Henkes, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward. Alderman Egan arrived later in the meeting Moved by Kehe, seconded by Dwiel, to adopt the Budget for 1980 as presented by the Mayor. Alderman Ward made a Point of Order and was ruled out of order by the Mayor Moved by Ward, seconded by Meyer, to amend the motion to adopt the Budget as presented to delete five (5) patrolmen from the budget, in the amount of $84,128.00 (Alderman Egan arrived during discussion) Alderman Koplos called for Point of Order, and Mayor ruled the preceding two motions "Out of Order" Moved by Koplos, seconded by Ward, to remove from the table the motion to adopt the recommendations of the Finance Committee relative to the 1980 budget. Moved by Dwiel, seconded by Prellberg, not to concur with the recommendation of the Finance Committee, relative to deleting five (5) patrolmen, transfer of two (2) Sergeants, deleting one (1) additional Police Communication Clerk and retaining the additional parking enforcement officer. Upon roll call, the vote was: AYES: - 6 - Kolinski, Dwiel, Kehe, Henkes, Prellberg, Egan NAYS: 10 - Koplos, Ensign, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward ABSENT: 0 - None Motion declared lost. Moved by Erbach, seconded by Kehe, for«division of the question on the recommendation of Finance Committee. Motion declared carried. hc'"