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03/19/1962167 REGULAR MEETING OF THE CITY.COUNCIL, DES PLAINES, ILLINOIS, HELD IN COUNCIL ROOM, CITY HALL, MARCH 19, 1962 AT 8s00 P.M. CALL TO ORDER: The meeting was called to order by Mayor Herbert H. Behrel with Alderman Rateike, Blume, Wright, Luellen, Moehling, Figard, Prickett, Tistle, Travis, Bell, Jackson and Bonaguidi responding to roll call.. APPROVAL OF MINUTES: The motion was made by Alderman F igard and seconded by Rateike to approve the minutes of March 5, 1962, Correction to have bids on several size valves and refer to Committee purchase.of'two radio transmittors • instead of motorcycle. The motion was voted upon by acclamation. OPEN BID ON HEATING EINT: On motion by Alderman Bonaguidi and seconded by Rateike the Clerk was instructed to open the heating element bid. One bid was received. Johnson Electric Company — $925.00. On motion by Alderman Rateike and seconded by B1Lnne the bid was referred to the Building and Grounds and'Finance Committee. 1 OPEN BIDS ON VALVES FOR WATER DEPARTMENT: On motion by Alderman Figard and seconded by Bonaguidi the_Clerk was instructed to open bids on valves. The following bids were received: Advance Construction Co., Hinsdale $6,990.00 Boddy McKnight Co., Downers Grove 7,700.00_ Burlington Const. Co., Brookfield." 7,950.00_ _ B. C. Young & Sons, Bellwood 8,360.00 On motion by Alderman Bell and seo)nded by Tistle, the bids were referred to the Water and Finance Committees and Superintendent of Public Works and City Engineer. OPEN BIDS ON CATCH BASIN CLEANING: On motion by Alderman Bell and seconded by onaguidi the Clerk was instructed to open bids on the above. The following bids were received: City Sanitary Service, Wilmette 4.85 • George Bonadore, Gurnee 5.60 '.:Park Ridge Sanitary Service, Park Ridge 6.00 J. Giannini and Son, Chicago 16.00 On motion by Alderman Moehling and seconded by Bonaguidi the bids were referred to the Sewer and Finance Committees and Supdrintendent of Public Works. OPEN BIDS ON THACIER STREET WATER MAIN: On motion by Alderman Tistle and seconded Sy Blume the Clerk was instructed to -open the above bids. The following bide were received: Rossetti Contracting co., Chicago 15,849.00 - Joe B. Divito and Co.,Des Plaines 16,477.20 Scully, Hunter and Scully, Norridge 19,122.83 Pietro Scalzitti Co., Chicago 22,998.10 On motion by Alderman Jackson and seconded by Luellen the bids,were referred to the Water and Finance Committees, Superintendent of Public Works and,Engineer. • OPEN GARBAGE DISPOSAL BIDS: On motion by Alderman Figard and seconded by Wright the above bids were opened by the Clerk. The following bids were received: • Per month per home Van Der Molan Disposal Co.,Melrose Park 1.11 Barrington Trucking C o.,Barrington 1.19 Leyden Disposal Co.,Schiller Park 1.23 Arc Disposal Co.,Des Plaines 1.25 Glen Golf Disposal, Berwyn 1.34 Madsen and Stepek, Cryetal Lake 1.50 -2- 3/19/62 On motion by Alderman Luellen and seconded by Figard the bids were referred to the Sanitation and Finance Committees and Superintendent of Public Works. OFFICIAL REPORTS; The Clerk submitted the reports of the City Treasurer for January and February, Comptroller's report of receipts for February and the annual report of the Safety Council. Chief Kennicott reported that Sergeant Strempel was retiring March 30, 1962. WOLF ROAD BRIDGE: Superintendent'Warnicke reported they would start to work this week on the Wolf Road bridge and open Columbia Avenue. Attorney Dowd reported that the City of Chicago intended to appeal to the Supreme -Court on the Tropic of Cancer book case and the other cities were conferring regarding same. He said he would report back next meeting. REZONING S.E. CORNER ELMHURST AND D'STER: - Alderman Bell made the following report: "Your Committee on Municipal Development has investigated the above and has found property fronting on Route 83 is surrounded. by Petitioner's other lands and C-2 Zoning as requested would not detract from the value of other properties. Land proposed for multi -family zoning abutts residential property and the general character of the land would be altered by a large multi -family installation in this area. Zoning this entire parcel R-4 would place an undue burden on schools at the present time as reported by the School District. We, your Committee on Municipal Development, therefore rec anmend denial of the R-4 zoning as outlined in Cases 62-2-R and 62-3-R. Property fronting on Route 83 as petitioned in Case 62-1-R be zoned C-2 for 2.3 acres and C-1 for 9 acres. City Attorney be authorized to draw the proper.ordinance." On motion by Alderman Bell and. seconded by Prickett the Council approved the report. .Alderman Bell called a meeting of the Municipal Development Committee for Monday, March 26th at 8:00 P.M. AEARD BIDS ON P'OLZDE.CARS: Alderman Figard made the following report:, "Your Committees on Police, Finance and the Police Chief has investigated the above and has found that the bid of Maine Leasing Corporation is the low bid'and meets the specifications. We recommend that their bid of $234.00 which excludes gasoline and .03 per mile for all excess mileage over 30 M miles be accepted and it is estimated' our saving by buying gasoline under contract will save the city $1,494.00" The motion was made by Alderman Figard and seconded by . Bonaguidi to approve the report. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Rateike, Blume, Wright, Luellen, MOehling, Figard, Prickett, Tistle, Travis, Bell, Jackson and Bonaguidi. Nays: None. The Mayor declared the motion carried. Bonaguidi made a progress report on taxicabs. LIQUOR LICENSE J. R. THOMPSON CO. Alderman Bonaguidi made the following report: "In reviewing the reapplication for a liquor license to be issued to the J.R. Thompson Company for their proposed Red Balloon operation located at approximate- ly the corner of Rand and Mt. Prospect Roads, the City of Des Plaines, your Committee has available at this time certain facts that were heretofore hearsay and not factual. .1. The J. R. Thompson Company has informed us,that they are not considering a proposed motel to be located at this site. 2. That should this City Council see fit to deny their request, they will take definite steps to be located in the immediate area, possibly right across the street. 3. That without a liquor license they would give no'consideration to establish a restaurant at this location. 4. Geographically there:ar$ no restaurant establishments of this type serving liquor in this immediate area. 5. That this operation represents, with land values, an approximate invest- ment of $450,000.00. 169 -3- 3/19/62 6. That since the inception discussion of an establishment of this type at this location, this committee has been confronted with no objections from the immediate residents of this area. As a matter of fact, we have had quite a number of recommendations from business and civic leaders within the City of Des Plaines who wholeheartedly endorse this operation. "In our previous report it was mentioned that to issue ,a license to the J. R. Thompson chain, and to deny a request for a dmilar type of license from already existing restaurant owners, would be to discriminate against them. It has been pointed out however, to this committee that the,previous requests have come from restaurant operators that were already operating, and were doing so with•the full knowledge that the success of their business was not contingent upon a liquor license.' "We, your Committee, therefore recommend that the necessary ordinance be drawn to increase the Class A license by one, and that prior consideration be given to the J. R.'Thompson Company request." On motion by Alderman Bonaguidi and seconded by Blume the Council concurred in the report. Alderman Prickett voted "no." AWARD BID ON GARBAGE TRUCK TO INTERNATIONAL HARVESTER CO.: The motion was made by Alderman Figard and seconded by-Tistle to award the bid for garbage truck to the International Harvester Company for $5,881.00. The Mayor,putt,the question and the Clerk called the rolI with the following results; Ayes: Alderman Rateike, Blume, Wright, Luellen, Moehling, Figard, Prickett, Tistle, Travis, Bell, Jackson and Bonaguidi. Nays: None. The Mayor declared the motion carried. AWARD BID GARBAGE TRUCK BODY TO BRUCE MUNICIPAL EQUIPMENT CO.: The motion was made by Alderman Figard to award the garbage truck body to Bruce Municipal Euipnent Company for $5,980.00, which'was seconded by Tistle. The Mayor put the question and the Clerk dalled the roll with the following results: Ayes: Alderman Rateike, Blume, Wright, Luellen, Moehling, Figard, Prickett, Tistle, Travis, Bell, Jackson and Bonaguidi. Nays: None. The Mayor declared the motiof carried. LETTER FROM GARDEN CITY DISPOSAL CO.: The above letter was referred to the Sanitation Committee. Alderman Jackson called a meeting of the Street Committee for March 27th. POUR -WAY STOP HOWARD AND IEE STREETS: The above stop sign was for a 90 day trial. The time having elapsed, it was referred to the Street Committee; NAZARENE CHURCH REQUEST FOR SEWER: Alderman Moehling made the following -report: "Your Committee on %wer has investigated the'above and has found.the city of Des Plaines has no specific authority'to issue a permit for the use of sewers. West of Elmhurst Road. This sewer is part of the Elk Grove School District sewer which is connected to the'Citizen's Waycinden Utility sewer along Thacker Street and joins to Kuntze sewer at Elmhurst Road and Thacker Street. The letter from the Church of the Nazarene was referred.to Citizen's Utility which has replied to the letter. According to this.reply, Citizen's Utility will use its good offices to arrange a meeting between Citizen's Utility, Kuntze Bldg. Corp. and the church. for the purpose of arriving at a suitable arrangement. We, your Committee on Sewer, therefore recommend that the matter be left in the hands of Citizen's Utility and Kuntze Bldg. Corp." On motion by Alderman Moehling and seconded by Rateike, the Council concurred in the report. Alderman Moehling reported on protecting city recordd, in'case'of attack but on motion by Alderman Tistle and seconded by Blume it was referred back to the Civil Defense Committee for further investigation.• Alderman Moehling reported on purchase of radio -two transistors. He withdrew his motion to purchase in order to first get the price of them. Alderman Prickett called a, Finance meeting for March 26th at 7:30 P.M. 170 3/19/62 APPROVAL OF BILLS: Alderman Prickett presented the following resolution: BE if RESOLVED'BY 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. The motion was made by Alderman Prickett and seconded by Bell to adopt the resolution. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Rateike, Blume, Wright, Luellen, Moehling, Figard, Prickett, Tistle, Travis, Bell, Jackson and Bonaguidi. Nays: None. The Mayor declared the motion carried. QU1T CLAIM DEED: The motion was made by Alderman Prickett and seconded by Bell to authorize the Mayor and Clerk to execute a Quit Claim Deed, Rudolph W. B:artach on a lot 34, Block 3 in Diefendorf's Addition to Riverview. The motion was voted upon by acclamation. Ordinance No. Z - 3 -.62 was up for second reading but due to a. letter from an attorney of subdivider, the ordinance was referred back to the Municipal Develop- ment Committee. The Mayor also desired to get more information in order to decide on the vote on the ordinance. ADOPT Z-2.62 ZON]NG ORDINANCE ON "SPECIAL USES." The City Attorney had amended the above ordinance after first reading so on motion by Alderman Blume and second by Rateike the Council approved the amended ordinance. The Clerk then read for the second reading the amended ordinance. The motion was made by Alderman Prickett and seconded by Jackson to adopt the ordinance. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alder- man Rateike, Blume, Wright,_Luelien, Moehling, Figard, Prickett, Tistle, Travis, Bell, Jackson and Bonaguidi. Nays: None. The Mayor declared the motion carried. ADOPT Z-3-62 ORDNANCE DELETING 300 FT. IN GASOLINE SERVICE STATION ORDINANCE: The Clerk read for the second reading the above ordinance. The motion was made by Alderman Wright and seconded by Rateike to adopt the ordinance. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Rateike, Blume, Wright, Luellen, Moehling, Figard, Prickett, Tistle, Travis, Bell, Jackson and Bonaguidi. Nays: None. The Mayor declared the motion carried, ADOPT 0-1-62 ORDINANCE DELETING 300 FT. FROM ORDINANCE: The Clerk read for the second reading the above ordinance. The motion was made by Alderman Bonaguidi and seconded by Figard to adopt the ordinance. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Rateike, Blume, Wright, Luellen, Moehling, Figard, Prickett, Tistle, Travis, Bell, Jackson and Bonaguidi. Nays: None. The Mayor declared the motion carried. T • 110 __A" •i LA! i:JAIL 154 _ 1 • '_! ;i' .' NEAR MILLERS ROAD: The Clerk read for the sepond reading the above ordinance. The motion was made by Alderman Bell and seconded by Rateike to adopt the ordinance. The Mayor put the'question and the Clerk called the roll with the following results: Ayes: Alderman Rateike, Wright, Luellen, Moehling, Figard, Prickett, Tistle, Travis, Bell, Jackson and Bonaguidi. Nays: None. Alderman Blume abstained from: voting due. to interests. The Mayor voted "aye" and de- clared the motion carried. ADOPT ANNEXATION ORDINANCE ON A SMALL PIECE OF = 0 NORTH OF TOUHY AT RAILROAD PROPERTY: The Clerk read for the second reading the above ordinance. The motion was made by Alderman Figard and seconded by Bell to adopt the ordinance, The Maybr put the question and the Clerk called the roll with the following results: Ayes': Alderman Rateike, Blume, W right: Luellen, Moehling, Figard, Prickett, Tistle, Travis, Bell, Jackson and Bonaguidi. Nays: None. The Mayor declared the motion carried, after voting "aye." 171 -5- 3/19/62 THREE AGREEMENTS FOR STATE TRAFFIC LIGHTS: The Clerk informed_the Council he had agreements for traffic lights at # 1 Lee and Mannheim, # 2 Elmhurst Road and Dempster, # 3 Northwest Highway, State and Cornell Ave. On motion by Alderman Prickett and seconded by Bonaguidi the Council authorized the Mayor and City Clerk to execute same. NONE OF INJURY CASE ELAINE STACKNICK: The Mayor referred the above to the Judiciary Committee and City Attorney. • CONTRACT EASEMENT FOR SOCONY MOBIL OIL CO.: The Mayor presented the above contract. On motion by Alderman Wright and seconded by Blume the Mayor and Clerk were authorized to execute same. LETTER FROM LAND FILLING AND IMPROVEMENT CO.: The Mayor referred the above letter to the Sanitation Committee. - . LETTER FRQ1 HITLER SUPPLY CO. FOR WATER: The Mayor referred the letter to the Water Committee. lICINERATOR PROPERTY EASEMENT: A letter from K. G. Meyer regarding the above was referred to the Judiciary Committee. ATTORNEY OP/NION ON NO E.'LECTION FIFTH WARD:, The Mayor read the following opinion: "I wish to adgise that I have reviewed again the sections of the Cities and Villages Act which relate to redistricting of a city, division into wards, and the matter of when aldermen become aldermen -at -large. "Section 3-4-9 of Chapter 24, entitled "Division into Wards", reads F. . .every, city shall have one-half as many wards As the total number of aldermen to which thecity is entitled. The city council, from time to time shall divide the city into that number of wards. In the formation of wards the population of each shall be as nearly equal, and the wards shall be of as compact and contiguous territory, as practicable.*. "This new division into wards was effected by. the City Council of the City of Des Plaines several months past because it developed that one or two wards had a population far in excess of any other of the wards. This division and re- districting caused the territory in,which Alderman Prickett's residence is situated to be changed from the Fifth Ward to the Second Ward. "Section 3-4-7 of Chapter 24, entitled 'Number - Redistricting', sets forth that the redistricting in effect does not change the status of the aldermen until the next election following the redistricting. This section further states: 'At this election the aldermen whose terms of office are not expiring shall be considered aldermen for the new wards respectively in which their residences are situated. If there are 2 or more aldermen with terms of office not expiring and residing in the same ward under the new redistrict- ing, the alderman who holds over for that'ward shall•be determined by lot in the presence of the city council, in whatever manner the council shall direct, and all other such aldermen shall fill their unexpired terms as aldermen -at -large.' "It is therefore not lega11$ properfor the City Council of the City of Des Plaines to call a special election to elect an alderman from the FifthWuNi and/or from the Second Ward, since it is quite clearly set forth that Alder- man Prickett remains the alderman from the Fifth Ward until the next general election. At the time of the next election he shall be considered the alder- man from the Second Ward, into which ward he has been removed by the redistrict- ing of the wards of the City of Des Plaines, until his term expires. "I shall be pleased to discuss this matter with you at your convenience, and I am happy to be of service to you." /s/ James J. Dowd, City Attorney 172 -6- 3/19/62 The Mayor informed the Council he received a petition from James McGovern re- questing an election for alderman in the Fifth Ward but according to the City Attorney's opinion there will not be an election until 196t/ On motion by Alderman Figard and seconded by Prickett, the Mayor is to send a letter to Sergeant Strempel commending him for his service on the Police Department, ADJOURNKE T: The motion was made by Alderman Bonaguidi and seconded by Rateike to adjourn. The motion was voted upon by acclamation. Otto W. J. Henilch, City Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES STAINES', HELD IN THE COUNCIL ROOM, CITY HALL, APRIL 2, 1962. CALL TO ORDER: The meeting was called to order -by Mayor Herbert H.-Behrel, with Alderman Rateike, Blume, Luellen, Moehling, Flauter, Figard, Tistle, Travis, Bell, and.Bonaguidi responding to roll call. APPROVAL OF MINUTES: The motion vas,made by Alderman Blume and seconded by Travis to approve the minutes of March 19, 1962. ,The motion was voted upon by acclama- tion. • OPEN BIDS FOR TRAFFIC LIGHTS: On motion by Alderman'.Figarrd and seconded by Travis, the Clerk was instructed to open the above bids. The following bids were received. L. & S. Construction, Chicago 44,900.19 Knott & Mielly Co., Chicago 42,306.13 H. -H. Electric Co.,River Grove 42,105.18 On motion by Alderman Travis and seconded by Figard the bids were referred to the Street and Finance Committees and City Engineer. The motion was voted upon by acclamation. Mr. Harley presented to the Mayor a certificate to acknowledge and to give recog- nition for the active support to the Courtesy Car Club. The Mayor accepted the certificate for the city with thanks.' OPEN BID FOR MOTORCYCLE: On motion by Alderman Tistle and seconded by Moehling' the Clerk was instructed to open above bid. The following bid was received: Illinois Harley-Davidson Sales, River Forest 1,528.80 On motion by. Alderman Blume and seconded by Flauter, the bid was referred to the Police and Parking Meter and Finance Committees. t OFFICIAL REPORTS: The Clerk submitted the report of, Comptroller Bach and the Building Commissioner for March. Engineer Fletcher reported Well No. 7 was down 340 feet. TO ADVERTISE BIDS FOR REPAIRING ALGONQUIN ROAD AND PORTION OF WHITE ST.:At request of Engineer Fletcher and on motion by Alderman Tistle and seconded by Moehling, the Council approved to advertise bids repairing Algonquin Road and portion of White Street with bids to be returned May 7th. TO ADVERTISE BIDS FOR STORM SEWER BIRCH ST. AND IS NNICOTT CT.: On motion by Alderman Travis and seconded by Moepling, the Council approved to advertise bids for the above storm sewer with bids to be returned May 7th.