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07/21/1980MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CIVIC CENTER, MONDAY, July 21, 1980 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Herbert H. Volberding, Sr. at 8:05 P.M. in the Council Chambers, Des Plaines Civic Center, on Monday, July 21, 1980. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Kolinski, Dwiel, Kehe, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan. Absent were Aldermen Ensign and Whetstone Also present were: City Treasurer Swanson, City Comptroller Blietz, Police Chief Alfano, Fire Chief Gedroic, Building Commissioner Trost, City Engineer Bowen, Traffic Engineer Crowley, Acting Commissioner of Public Works Matula, Environmental Officer Lindahl, and Attorney Lucansky. PRAYER AND The meeting opened with prayer by Rev. Keith Davis, pastor PLEDGE of United Church of Christ, Church of the Master, followed by the Pledge of Allegiance to the flag. MINUTES: Moved by Kehe, seconded by Sarlo, to approve the Minutes of the regular meeting held July 7, 1980, as published. Correction, page seven, first paragraph, last line, change "carried" to "lost". Following correction, 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, $419,451.98. Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 2 - Ensign, Whetstone Motion declared carried. TRAFFIC Moved by Ward, seconded by Seitz, to adopt the recommenda- ENGINEER tion of Finance and Insurance Committee to increase the SALARY Salary of Traffic Engineer 71/2%, effective May 1, 1980. INCREASE Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 2 - Ensign, Whetstone Motion declared carried. CITY HALL Moved by Ward, seconded by Seitz, to adopt the recommenda- CAPITAL tion of Finance and Insurance Committee that the unexpended PROJECT FUND $5,056.99 in the Capital Project Fund - City Hall Building, be used for improvement of the second floor. Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 2 - Ensign, Whetstone Motion declared carried. VEHICLE & Moved by Ward, seconded by Seitz, to adopt the recommenda- DOG LICENSES tion of Finance and Insurance Committee to increase Vehicle License fees from $12 to $13 per year, effective July 1, 1981 and to increase dog license fees from $2 to $3, effective July 1, 1981, City Attorney to draft necessary ordinance. Motion declared carried. CITY AUDIT LEGAL FEES STAPP, VS CITY MFT RESOLUTION Westgate Rd. Improvement PARKING REDEKER RD. PARKING 515 Jarvis ALLEY Illinois, Oakton, Cora Riverview COMBINED SEWER ATLAS OAKTON ST. RETENTION BASIN PUMP REPAIRS 7/21/80 3631 Page Two Moved by Ward, seconded by Birchfield, to adopt the recommendation of Finance and Insurance Committee to engage the services of Coopers & Lybrand to conduct the annual audit of financial records of the various funds for the year ended December 31, 1980, at a cost of $20,350.00. Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 2 - Ensign, Whetstone Motion declared carried. Moved by Ward, seconded by Seitz, to adopt the recommenda- tion of Finance and Insurance Committee to authorize R. L. Kautz & Co. to pursue recovery of legal fees and expenses incurred by employees due to loss of time in the legal matter of A. Stapp VS City of Des Plaines and certain personnel. Motion declared carried. Moved by Sarlo, seconded by Kehe, to adopt the recommenda- tion of Streets and Traffic Committee to adopt a resolution appropriating $60,000 MFT funds for reconstruc- tion of existing pavement on Westgate Rd. from Evergreen Avenue to Fremont and installation of storm sewer and appurtenances, Section 80 -00124 -00 -FP. Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 2 - Ensign, Whetstone Motion declared carried. Moved by Sarlo, seconded by Koplos, to adopt the recommenda- tion of Streets and Traffic Committee to authorize City Attorney to draft ordinance to prohibit parking at any time on the north side of Redeker Road for approximately 300 feet beginning at point 805 feet west of the center line of River Road and continuing westwardly for a distance of 165 feet. Motion declared carried. Moved by Sarlo, seconded by Kehe, to adopt the recommenda- tion of Streets and Traffic Committee to prohibit parking at any time in front of 515 Jarvis Street for a distance of 300 feet, City Attorney to draft necessary ordinance. Motion declared carried. Moved by Sarlo, seconded by Kehe, to adopt the recommenda- tion of Streets and Traffic Committee that the City Clerk be authorized to advertise for bids returnable at 3 P.M. August 13, 1980, for the proposed concrete alley at Illinois, Oakton, Cora, and Riverview. Motion declared carried. Moved by Koplos, seconded by Sarlo, to adopt the recommenda- of Water and Sewer Committee that City Council pass the following resolution: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE COMBINED SEWER ATLAS MAP, SIGNED AND SEALED BY THE CITY ENGINEER July 16, 1980, REPRESENTS THE CITY OF DES PLAINES' OFFICIAL DESIGNATION OF COMBINED SEWERS WITHIN ITS JURISDICTION. Motion declared carried. Moved by Koplos, seconded by Sarlo, to adopt the recommenda- tion of Water and Sewer Committee that City authorize B. and T. Pump Distributors to make all necessary repairs to the vertical pump located at the Oakton Street Retention Basin site in the amount of $1,850.00, as stipulated in estimate dated July 8, 1980, and that the bid advertising procedure be waived in this instance. Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Prellberg, 7/21/80 Page Three 364 OAKTON ST. AYES: Kisslinger, Birchfield, Erbach, Tomaszewski, RETENTION Sarlo, Meyer, Seitz, Ward, Egan BASIN NAYS: - 0 - None (Coned) ABSENT: 2 - Ensign, Whetstone Motion declared carried. 1980 WATERMAIN Moved by Koplos, seconded by Sarlo, to adopt the recommenda- IMPROVEMENT tion of Water and Sewer Committee that the City extend the CONTRACT contract awarded to Northwest Sewer on June 16, 1980, EXTENSION for the project identified as the Water Main Improvements Project, Contract No. 1, to include additional water main construction as specified in Change Order No. 1 of the aforementioned project dated July 15, 1980, in the amount of $92,198.50, to allow for extension of additional water main projects. Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 2 - Ensign, Whetstone Motion declared carried. ZONING CASE Moved by Meyer, seconded by Koplos, to adopt the recommenda- 80-23-SU tion of Municipal Development Committee, to concur with 1495 Elmhurst Zoning Board of Appeals in Case 80 -23 -SU, 1495 Elmhurst Road, with the following provisions: (1) Pending agreement for 10 foot mixed planting buffer along east side of property and north side of property of pine trees (2) No driveway opening to Lincoln Avenue. All plantings to be approved by Architectural Commission. Motion declared carried. ZONING CASE Moved by Meyer, seconded by Kisslinger, to adopt the 80 -23 -SU recommendation of Municipal Development Committee to 2655 Mannheim concur with Zoning Board of Appeals in Case 80 -32 -SU, 2655 Mannheim Road, with the following provisions: (1) No liquor will be sold on the premises as a condition to special use and will not petition city for same. (2) No parking of cars for any monatary renumeration. Motion declared carried. ZONING CASE Deferred action motion to adopt the recommendation of 80-25-V Municipal Development Committee to deny petition recited 1600-1730 in Zoning Case 80-25-V, property located at 1600-1730 Higgins Higgins Road was brought to the floor. Upon roll call, the vote was: AYES: - 10 - Koplos, Prellberg, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 4 - Kolinski, Dwiel, Kehe, Kisslinger ABSENT: 2 - Ensign, Whetstone Motion to deny declared carried. TRANSPORTATION Moved by Meyer, seconded by Koplos, to adopt the recommenda- CENTER tion of Municipal Development Committee to retain Mr. Richard Beebe in connection with the Transportation Center at the rate of $50 per hour not to exceed a maximum of $5,000. Moved by Kolinski, seconded by Egan to defer action. OFF STREET Moved by Kehe, seconded by Prellberg, to adopt the recom- PARKING mendation of Police Committee to enter into Off Street ENFORCEMENT Parking Enforcement agreement with owners of property located at 1312-18 Jefferson Street. Motion declared carried. VACANT LOTS Moved by Seitz, seconded by Kisslinger, to adopt the NUISANCE recommendation of City Code and Judiciary Committee PROBLEMS to authorize City Attorney to draft ordinance dealing with nuisance problems on vacant lots. Motion declared carried. 7/21/80 365 Page Four WASTE Moved by Tomaszewski, seconded by Egan, to adopt the DISPOSAL recommendation of Environmental Controls Committee to authorize the Federal E.P.A. to conduct a Waste Disposal study in the City of Des Plaines, at no cost to the City. Moved by Koplos, seconded by Kolinski, to defer action. ORDINANCE Moved by Sarlo, seconded by Meyer, to pass Ordinance M-29-80 M-29-80, AN ORDINANCE AMENDING TITLE I, CHAPTER 11 OF THE Public Benefit DES PLAINES CITY CODE, THEREBY ADDING A NEW SECTION 1-11-8 Fund PUBLIC BENEFIT TAX AND FUND AND SUBSECTION 1-11-8(A) PUBLIC BENEFIT OVERAGE TRANSFER TO GENERAL CORPORATE FUND, TO THE CITY CODE. Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 2 - Ensign, Whetstone Motion declared carried. ORDINANCE Moved by Sarlo, seconded by Erbach, to pass Ordinance M-30-80 M-30-80, AN ORDINANCE PROVIDING FOR THE CONSTRUCTION OF Sidewalks SIDEWALKS ALONG PARTS OF THE WEST SIDE OF WOLF ROAD Wolf Rd. BETWEEN TOUHY AVENUE AND SATA ROSA DRIVE. Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 2 - Ensign, Whetstone Motion declared carried. ORDINANCE Moved by Sarlo, seconded by Egan, to pass Ordinance M-31-80 M-31-80, AN ORDINANCE PROVIDING FOR THE CONSTRUCTION OF Sidewalks SIDEWALKS ALONG PARTS OF THE SOUTH SIDE OF ALGONQUIN Algonquin ROAD BETWEEN ELMHURST ROAD AND PENNSYLVANIA AVENUE, AND Elmhurst 955 ELMHURST ROAD (Parcel #1). Upon roll call, the vote was AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 2 - Ensign, Whetstone Motion declared carried. ORDINANCE Moved by Erbach, seconded by Birchfield, to pass Ordinance T-10-80 T-10-80, AN ORDINANCE AMENDING SUBSECTIONS 10-5-26 (B) Parking 10-5-26 (D), AND 10-5-26 (E) OF THE DES PLAINES CITY Areas CODE, THEREBY ADDING PHASE III AREAS AND PART OF PHASE IV AREAS; AND CREATING A NEW SUBSECTION 10-5-26 (H) PERTAINING TO RESTRICTED PARKING 9:00 P.M. to 6:00 A.M., WHERE POSTED. Moved by Erbach, seconded by Birchfield, to Section 2 of Ordinance T-10-80, as follows: 10-5-26 (D), top three sentences on page two - "Chestnut Street, from Fargo north to the north property line of Apache Park, on the east side"; "Chestnut Street, from the north property line to Howard Avenue on the west side."; "Chestnut Street, from Fargo north to the south property line of Apache Park on the west side." 10-5-26 (E), amending Section 3 by striking last two sentences and rewriting sentence 8 to read: "Highland Drive from Lee Street east to Pine, on the south side of the Street." Motion to amend declared carried. Upon roll call, on the motion to adopt T-10-80, as amended the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 2 - Ensign, Whetstone Motion declared carried. SIDEWALKS BIDS RESOLUTION R-26-80 Spec. Ass. #193 RESOLUTION R-27-80 S.A. #194 RESOLUTION R-28-80 Bldg. Permit Fees ORDINANCE T-11-80 Parking Beau Ct. ORDINANCE Z-15-80 1605 Des Plaines ORDINANCE Z-17-80 843 Walter ORDINANCE Z-18-80 1070 Oakton ORDINANCE M-32-80 Driveway inspections 7/21/80 Page Five 367 Moved by Sarlo, seconded by Meyer, to authorize City Clerk to advertise for bids for installation of sidewalks, (Ordinances M-30-80 and M-31-80), returnable at 3 P.M. August 13, 1980. Motion declared carried. Moved by Kehe, seconded by Prellberg, to adopt Resolution R-26-80, authorizing Comptroller to transfer $2,191.12 from the Public Benefit Fund to Special Assessment #193. Motion declared carried. Moved by Erbach, seconded by Sarlo, to adopt Resolution R-27-80, authorizing Comptroller to transfer $748.08 from the Public Benefit Fund to Special Assessment #194. Motion declared carried. Moved by Tomaszewski, seconded by Erbach, to adopt Resolution R-28-80, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AMENDING THE BUILDING PERMIT FEES - VALUATION DETERMINATION, PURSUANT TO SECTION 5.6 OF THE BUILDING CODE AND ORDINANCE. Motion declared carried. Moved by Egan, seconded by Sarlo, to waive First Reading and place on passage Ordinance T-11-80. Motion declared carried. Moved by Egan, seconded by Sarlo, to pass Ordinance T-11-80, AN ORDINANCE AMENDING SECTION 10-5-4 SCHEDULE I OF THE DES PLAINES CITY CODE HAVING TO DO WITH' PROHIBITED PARKING THEREBY ADDING NO PARKING NORTH SIDE OF BEAU COURT. Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 2 - Ensign, Whetstone Motion declared carried. Moved by Meyer, seconded by Sarlo, to waive First Reading and place on passage Ordinance Z-15-80. Motion declared carried. Moved by Meyer, seconded by Sarlo, to pass Ordinance Z-15-80, AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW TWO (2) CANOPIES OVER EXISTING PUMP ISLANDS AT AN EXISTING GAS STATION IN C-2 COMMERCIAL DISTRICT. CASE NO. 80 -20 -SU (1605 DES PLAINES AVENUE). Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 2 - Ensign, Whetstone Motion declared carried. Moved by Koplos, seconded by Sarlo, to waive First Reading and place on passage Ordinance Z-17-80. Motion declared carried. Moved by Koplos, seconded by Sarlo, to pass Ordinance Z-17-80, AN ORDINANCE GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE NO. 79-10-V (843 WALTER AVENUE). Upon roll call, the vote was: AYES: - 14 - Koplos, Kolinski, Dwiel, Kehe, Prellberg, Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan NAYS: 0 - None ABSENT: 2 - Ensign, Whetstone Motion declared carried. Placed on First Reading was Ordinance Z-18-80, AN ORDINANCE GRANTING A SPECIAL USE TO PERMIT A DENNY'S RESTAURANT IN C-2 COMMERCIAL DISTRICT. CASE No. 79 -75 -SU (1070 OAKTON STREET). Placed on First Reading was Ordinance M-32-80, AN ORDINANCE AMENDING SECTION 9-3-6 OF THE DES PLAINES CITY CODE PERTAINING TO DRIVEWAY INSPECTIONS AND REPAIRS. ORDINANCE B- 1-80 Energy Conservation ORDINANCE M-34-80 Liquor Lic. (Osco) ORDINANCE M-35-80 Ind. Rev. Bonds LIEBICH'S RESUBD. 2121 Elmira APPOINTMENT Youth Commission AMERICAN ACADEMY OF GYMNASTICS AXE HEAD LAKE JURISDICTION SEPTIC SYSTEM Northwest Highway STREET LIGHTING APACHE PARK NO PARKING SIGN CIVIC CENTER ADJOURNMENT: 7/21/80 Page Six 368. Placed on First Reading was Ordinance B-1-80, AN ORDINANCE AMENDING ARTICLE VIII OF THE DES PLAINES BUILDING CODE (PAGE 2B) THEREBY CREATING A NEW SUBSECTION 8.10 HAVING TO DO WITH ENERGY CONSERVATION REQUIREMENTS FOR RESIDENTIAL CONSTRUCTION. Moved by Kisslinger, seconded by Prellberg, to waive First Reading and place on passage Ordinance M-34-80, AN ORDINANCE INCREASING CLASS B BULK SALES DEALER'S LICENSES BY ONE (1), THEREBY AMENDING SECTION 5-34-16 OF THE DES PLAINES CITY CODE. (Osco). Upon roll call to waive First Reading, the vote was: AYES: 8 - Kolinski, Dwiel, Prellberg, Kisslinger, Birchfield, Erbach, Seitz, Ward NAYS: 6 - Koplos, Kehe, Tomaszewski, Sarlo, Meyer, Egan ABSENT: 2 - Ensign, Whetstone Motion to waive First Reading declared lost Ordinance M-34-80 placed on First Reading Placed on First Reading was Ordinance M-35-80, AN ORDINANCE AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (THOMAS J. LIPTON, INC. PROJECT). Plat of Liebich's Resubdivision, located at 2121 Elmira Avenue and letter from Plan Commission was referred to Municipal Development Committee. Moved by Egan, seconded by Seitz, to concur with Mayor's appointment of Mr. Eugene Zuccarini to serve on the Youth Commission in the vacancy of Stan Shydlowski, term to expire April 30, 1983. Motion declared carried. Letter from American Academy of Gymnastics, Inc. requesting use of the Herbert H. Behrel Parking Plaza and closing of Ellinwood between Pearson and Lee on September 21, 1980 was referred to Building and Grounds and Streets and Traffic Committees. Letter from Cook County Forest Preserve District requesting the City of Des Plaines to assume responsibility for answering emergency calls at A e Head Lake (unincor- porated) was referred to Fire Committee. Request of W. E. Erickson Construction, Inc. to install a septic field on their property near the S-curve on Northwest Highway was referred to Water and Sewer Committee. Request of residents near Apache Park for increased street lighting was referred to Streets and Traffic Committee. Request of . Svoboda to place No Parking Signs on the east wall of the Civic Center was referred to Building and Grounds Committee. Moved by Koplos, seconded by Sarlo, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting ac3,j -turned at 9:56 P.M. APPROVED BY ME THIS Bertha Eleanor Rohrb ch, City Clerk