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11/02/197025 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES.PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CITY HALL, MONDAY, NOVEMBER 2, 1970 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines was called to order by Mayor Herbert H. Behrel at 8:05 P.M. The meeting opened with prayer by Rev. Keith A. Davis, Pastor of the Church of the Master, followed by Pledge of Allegiance to the Flag. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Prickett, Sherwood, Leer, O'Brien, Hinde, Czubakowski, Wagner, Swanson, Thomas, Seitz, Shillington Absent were Aldermen Szabo, Bolek, Bonaguidi, Michaels Present also were: Police Chief Hintz, Fire Chief Haag, City Comptroller Blietz, Commissioner of Public Works Schwab, Suilding Commissioner Schuepfer, City Engineer Bowen, and City Attorney DiLeonardi. There being a quorum present, the meeting was in order. MINUTES: Moved by Prickett, seconded by Swanson, that the Minutes of the regular meeting of October 19, 1970, be approved as published. City Clerk offered correction on Page one to indicate that City Treasurer arrived at meeting at 9 p.m. and added to reports of City Officials the report of City Treasurer on Special Assessments. After correction, Motion to approve declared Carried. REPORTS OF Placed on file were the following reports: Report of CITY OFFICIALS°Examination - Water Fund for nine months ended September 30, 1970; Statement of Cash Receipts, January 1 to October 30, 1970; Public Works Department, October; Health Department, October; Building Department, October. City Comptroller reported further that Statement of Cash Receipts reflects projections on target. Police Chief Police Chief Hintz reported that 45 complaints were received on Halloween, six to ten pertained to egg throwing, several tire punctures. A bomb threat occurred at Des Plaines theatre, and upon investigation nothing was found. LEGAL SUIT City Attorney DiLeonardi reported that Mr. Edward Szeliga SZELIGA - has filed appeal of Court's decision in favor of City Zoning in Zoning Variation Case. Moved by Sherwood, seconded by Swanson, to retain City Attorney Robert J. DiLeonardi to defend City in said appeal. Upon roll call, the vote was: AYES: - 13 - Koplos, Prickett, Sherwood, Leer, O'Brien, Hinde, Czubakowski, Wagner, Swanson, Thomas, Seitz, Shillington, Mayor. NAYS: 0 - None ABSENT: 4 - Alderman Szabo, Bolek, Bonaguidi, Michaels' There being thirteen affirmative votes, Motion declared Carried. LEGAL SUIT Tomasek, Rogers Wm. L. Kunkel & Co Pioneer Trust 1799 thru 2001 Busse City Attorney DiLeonardi reported that the City has been served with complaint and summons regarding zoning decision of Council on property at commonly known addresses - 1799 and 2001 Busse.Highway - Virginia Tomasek, John Rogers, William L. Kunkel & Co., and Pioneer Trust and Savings Bank, &/T No. 16065. Moved by Koplos, seconded by Prickett to retain City Attorney DiLeonardLto defend City in said Summons and Complaint. Upon roll call, the vote was: AYES: - 11 - Koplos, Prickett, Leer, O'Brien, Hinde, Czubakowski, Wagner, Swanson, Seitz, Shillington, Mayor. NAYS: 2 - Sherwood, Thomas ABSENT: 4 - Szabo, Bolek, Bonaguidi, Michaels There being eleven affirmative votes, Motion declared Carried. 11/2/70 26 Page two COOK CO. City Attorney DiLeonardi discussed with Council the ZONING petition pending before Cook County Zoning Board - as DOCKETS contained in Dockets 1855 and 1856 amending the text of 1855-56 Cook County Zoning Ordinance decreasing the acreage Text Amend. requirements for Planned Development from 40 to 5. He further stated that he recommends said amendmdnt.'andtit was moved by Prickett, seconded by Leer, to concur with City Attorney's recommendations to communicate Council's vote in favor of said amendment. Motion declared Carried. Alderman Shillington voted No. City City Attorney DiLeonardi reported to Council that the Attorney Metropolitan. Sanitary District Case scheduled for argument November llth and decision would be forthcoming some weeks later. Further reported that he attended hearing on Cook Co. Zoning Dockets 1875 and 1876 and memorandum would be prepared before next Council meeting re same. He reported also that he would request continuance of Egan Condemnation Suit scheduled for November 5th as expert witness unable to attend that date. REPORTS OF Moved by Swanson, seconded by Prickett, to concur with COMMITTEES: Municipal Development Committee's,recommendation to Annexation authorize Mayor and City Attorney to communicate with Elmhurst & Atlantic Richfield Co. re annexation of the northeast Oakton corner of Elmhurst and Oakton informing them of zoning and annexation requirements. Motion declared Carried. REZONING Moved by Swanson, seconded by Hinde, to concur with Miner & Municipal Development Committee's recommendation that River Rds. Council go on record as favoring request of property owners to rezone property located at Miner and River Road to C-2 Commercial District with Special Use for gasoline Service Station, in exchange for real estate rights located at the northeast corner of Prairie and Lee Streets involved in redevelopment. Motion declared Carried. DEMOLITION Moved by Wagner, seconded by Shillington, to concur with Well Site Building and Grounds Committee's recommendation to authorize Abandoned the W & W Wrecking, Exc. & Trucking Co. to demolish and Maple St. remove building located at the abandoned well site on Maple Street for a sum of $950, as per proposal. Upon roll call, the vote was: AYES: - 13 - Koplos, Prickett, Sherwood, Leer, O'Brien, Hinde, Czubakowski, Wagner, Swanson, Thomas, Seitz, Shillington, Mayor. NAYS: 0 - None ABSENT: 4 - Szabo, Bolek, Bonaguidi, Michaels There being thirteen affirmative votes, Motion declared Carried PUBLIC WORKS Moved by Wagner, seconded by Shillington, to concur with BUILDING Building and Gr6unds Committee's recommendation to authorize Addition Holmes and Fox Architects to draw plans and specifications for addition to Public Works Building for equipment storage and upon completion to authorize the advertising for bids. Upon roll call, the vote was: AYES: - 13 - Koplos, Prickett, Sherwood, Leer, O'Brien, Hinde, Czubakowski, Wagner, Swanson, Thomas, Seitz, Shillington, Mayor. NAYS: 0 - None ABSENT: 4 - Szabo, Bolek, Bonaguidi, Michaels There being thirteen affirmative votes, Motion declared Carried. NO PARKING Moved by Leer, seconded by Koplos, to concur with Streets and Harding Ave. Traffic Committee's recommendation for "No Parking At Any Time" on the north side of Harding Avenue from Willow to Lee Streets. Motion declared Carried. LOAD LIMIT SECOND AVE. Moved by Leer, seconded by O'Brien, to concur with Streets and Traffic Committee's recommendation to post 6,000 lb. load limit signs on Second Avenue between North Avenue and Thacker Street. Motion declared Carried. /!� STOP SIGNS WALNUT & WARRINGTON NO PARKING EVERETT ST. RENAME FIRST AVE. GRACELAND ORDINANCE T-42-70 Parking Library TRAFFIC PATTERNS WEST SCHOOL NO PARKING LEE STREET Howard St. South ZONING CASE 70 -32 -PUD Kiwanis Alderman 11/2/70 27 Page three Moved by Leer, seconded by Wagner, to concur with Streets and Traffic Committee's recommendation for traffic on Walnut to stop for traffic on Warrington and traffic on Warrington stop for traffic on Walnut - City Attorney to draft necessary ordinance. Motion declared Carried. Moved by Leer, seconded by Wagner, to concur with Streets and Traffic Committee's recommendation to post " No Parking" signs on the south side of Everett Street between Ash and Mannheim - City Attorney to draft necessary ordinance. Motion declared Carried. Moved by Leer, seconded by Wagner, to concur with Streets and Traffic Committee's recommendation to change the name of First Avenue from the Soo Line tracks to Walnut Street to Graceland Avenue - City Attorney to draft the necessary ordinance, and further that the street have double sign listing Graceland Avenue/Frist Avenue until April 1, 1973. Motion declared Carried. Moved by Leer, seconded by Wagner, to concur with Streets and Traffic and Parking Lots Committees' recommendation to adopt ordinance T-42-70, eliminating the portion having to do with no parking "and 1 P.M. and 5 P.M. on Sundays and Holidays". Motion declared Carried. Upon recommendation of Streets and Traffic Committee, the study of Traffic Pattern surrounding West School during_ school hours was referred to the Traffic Commission for study and report. The request of Park District for No Parking on the west side of Lee Street from Howard Street south was referred to the Traffic Commission for study and report. Alderman Swanson reported that Municipal Development Committee is deferring action on Zoning Case 70 -32 -PUD per request ofsurrounding property owners to hold a meeting regarding same. Alderman Koplos presented a Petition protesting rezoning and annexation of property described in Zoning Case 70 -32 -PUD which was referred to City Attorney for legal opinion. Michaels arrived at the meeting at this time. WATERMAIN IMPROVEMENTS Contract #2 SIGN One -Hour Cleaning Cumberland SIGN RIDGE MOTORS DES PLAINES AVENUE Moved by Thomas, seconded by O'Brien, to concur with Water and Finance Committee's recommendation to authorize the advertising for bids for Watermain Improvements - Contract #2, per specifications drawn by City Engineer - bids returnable November 23 at 3 P.M. - at an estimated cost of $80,919.00. Motion declared Carried. Moved by Wagner, seconded by Czubakowski, to concur with Building Control and Inspection Committee's recommendation to approve request for sign "One Hour Cleaning" to be mounted on the Cumberland Shopping Center Sign at Northwest Highway and Mt. Prospect Road. Motion declared Carried. Moved by Wagner, seconded by Sherwood, to concur with Building Control and Inspection Committee's recommendation to approve the request of Ridge Motors for two signs - one 30' high 15 x 15 and one 30' high 11 x 11 on property located on Des Plaines Avenue. Motion declared Carried. NORTH WEST The letter from North West Builders Association requesting BUILDERS ASSOC.a meeting with the Building Control and Inspection Committee regarding certain Building and Zoning Code regulations was referred to the Building Control and Inspection Committee for study and report. SEWER AGREEMENT H. L. Sargent STORM SEWER Oakton St. Relief PARKING GARAGE - Railroad Right of Way RESOLUTION Youth Appreciation Week 1970 R.H.Figard ORDINANCE M-20-70 Solicitors ORDINANCE M-19-70 Mass Transit District INSURANCE N.O.I.S.E. HISTORICAL SOCIETY Transfer of Funds. 11/2/70 28 Page four Moved by Prickett, seconded by Hinde, to concur with Sewer Committee's recommendation to deny the request of Dr. H. L. Sargent for a Sewer Recapture Agreement in connection with costs incurred for sewer to serve property located at 1645 Rand Road. Motion declared Carried. Moved by Prickett, seconded by Shillington, to concur with Sewer Committee's recommendation to advertise for bids returnable November 23, 1970 at 3 P.M. for Oakton Street ReliEf Storm Sewer, per specifications prepared by City Engineer Bowen, at an estima&ed cost of $13,800. Motion declared Carried. Moved by Koplos, seconded by Shillington, to concur with Parking Lots Committee's recommendation that the Parking Lots Committee continue to review the recommendations of Benjamin and Lang, Inc. as stated in letter dated August 17, 1970, along with Des Plaines Redevelopment Association to work out a sound financing program for Parking Garage on Chicago and North Western Railway Co. air rights and right of way. Motion declared Carried. Following report of Youth Activity Committee regarding activities planned for Youth Appreciation Week, it was moved by Sherwood, seconded by Prickett, to adopt a resolution dedicating Youth Appreciation Week 1970 to the late alderman, Reuel H. Figard. Motion declared Carried. Judiciary Committee recommended passage:_of Ordinance M-20-70 re solicitors providing Section 5-46-6- be amended to add "No Peddlers" and 5-46-9 be changed to 4 A.M. to 5 P.M. Moved by Michaels., seconded by Prickett, to concur with Judiciary and Finance Committee's recommendation to adopt ordinance M-19-70 creating a Des Plaines Mass Transit District and limit assistance to a six month period for a sum not to exceed $1,385 per month. Upon roll call, the vote was: AYES: - 14 - Koplos, Prickett, Sherwood, Leer, O'Brien, Hinde, Czubakowski4 Wagner, Swanson, Thomas, Seitz, Shillington, Michaels, Mayor 0 - None 3 - Szabo, Bolek, Bonaguidi, There being fourteen affirmative votes, Motion declared Carried. NAYS: ABSENT: The letters from Allstate and Employers Insurance of Wausau regarding 1971 Insurance program for City of Des Plaines were referred to the Insurance Committee for study and report. Moved by Prickett, seconded by Shillington, to authorize the approval of expenses for Alderman Swanson, Chairman of Special Aeronautics Committee, to attend N.O.I.S.E. symposium in Los Angeles, California on January 20, 21, 22, 1971. Upon roll call, the vote was: AYES: - 14 - Koplos, Prickett, Sherwood, Leer, O'Brien, Hinde, Czubakowski, Wagner, Swanson, Thomas, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 3 - Szabo, Bolek, Bonaguidi There being fourteen affirmative votes, Motion declared Carried. Moved by Czubakowski, seconded by Prickett, to concur with Special Historical Society'Committee's recommendation that the $1500 appropriated in the 1970 budget for the Museum Building Fund be transferred to the Des Plaines Historical Society for deposit in their special building (/ fund. Upon roll call, the vote was: HISTORICAL SOCIETY (Cont' d) BILLS PAYABLE EIGHTH AVENUE ORDINANCE T-42-70 Library Parking ORDINANCE T-43-70 Parking Graceland ORDINANCE M-19-70 Mass Transit District ORDINANCE M-20-70 Solicitors 11/2/70 Page five AYES: - 14 - Koplos, Prickett, Sherwood, Leer, O'Brien Hinde, Czubakowski, Wagner, Swanson, Thomas, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 3 - Szabo, Bolek., Bonaguidi There being fourteen affirmative votes, Motion declared Carried. 29 Moved by Prickett, seconded by Swanson, to adopt the following resolution: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME: Total $348,767.95. Upon roll call, the vote was: AYES: - 14 - Koplos, Prickett, Sherwood, Leer, O'Brien, Hinde, Czubakowski, Wagner, Swanson, Thomas, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 3 - Szabo, Bolek, Bonaguidi There being fourteen affirmative votes, Motion declared Carried. The letter regarding certain signs on Eighth Avenue relating to Parking from Mrs. John Clark was referred to the Streets and Traffic Committee for study and report. Moved by Prickett, seconded by Wagner, to adopt Ordinance T-42-70 restricting Parking during Certain Hours on Library Grounds. Upon roll call, the vote was: AYES: - 14 - Koplos, Prickett, Sherwood, Leer, O'Brien, Hinde, Czubakowski, Wagner, Swanson, Thomas, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 3 - Szabo, Bolek, Bonaguidi There being fourteen affirmative votes, Motion declared Carried. Moved by Hinde, seconded by Wagner, to adopt Ordinance T-43-70 prohibiting Parking along the East Side of Graceland Avenue from a point 300 feet from the north line of Thacker Street. Upon roll call, the vote was: AYES: - 14 - Koplos, Prickett, Sherwood, Leer, O'Brien, Hinde, Czubakowski, Wagner, Swanson, Thomas, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 3 - Szabo, Bolek, Bonaguidi There being fourteen affirmative votes, Motion declared Carried. Moved by Sherwood, seconded by Prickett, to adopt Ordinance M-19-70 creating a Des Plaines Mass Transit District. Upon roll call, the vote was: AYES: - 14 - Koplos, Prickett, Sherwood, Leer, O'Brien, Hinde, Czubakowski, Wagner, Swanson, Thomas, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 3 - Szabo, Bolek, Bonaguidi There being fourteen affirmative votes, Motion declared Carried. Moved by Koplos, seconded by Shillington, to adopt Ordinance M-20-70, as amended by Judiciary and Finance Committee. Moved by Swanson, seconded by Thomas, to table Ordinance M-20-70. Upon roll call, the vote was: AYES: - 9 - Sherwood, Leer, O'Brien, Hinde, Wagner, Swanson, Thomas, Seitz, Mayor. NAYS: 5 - Koplos, Prickett, Czubakowski, Shillington, Michaels ABSENTF 3 - Szabo, Bolek, Bonaguidi There being fourteen affirmative votes, Motion declared Carried. ORDINANCE T-44-70 Harding Ave. ORDINANCE M-21-70 Water Meter 11/2/70 Page six 30 Placed on First Reading was Ordinance T-44-70 prohibiting Parking along the North side of Harding Avenue from Willow Street to Lee Street Placed on First Reading was Ordinance M-21-70, increasing Water Meter Prices withiti_City Code. ORDINANCE Placed on First Reading was Ordinance M-22-70 increasing M-22-70 Tax Rate Limit for the Public Library Fund. Referred to Public Library Library and Finance Committee for study and report. Fund ORDINANCE Z-20-70 1200 Golf ORDINANCE Z-21-70 815 W.Oakton Placed on First Reading was Ordinance Z-20-70 rezoning property located at 1200 Golf Road to M-1 District. Placed on First Reading was Ordinance Z-21-70 rezoning property located at 815 W. Oakton Street to C-2 Commercial District. ORDINANCE Placed on First Reading was Ordinance M-23-70 creating M-23-70 Banquet Hall Liquor License category and establishing Liquor License one license in that category. Banquet Hall ALLEY IMPROVEMENT between Miner & Jefferson PUBLIC NOTICE E.G.Sexton APPOINTMENT Supt. of Sewers RAUSCHENBERG & BIASIELLO PLEASANT ACRES SUB ADJOURNMENT: Moved by Prickett, seconded by Shillington, to open only bid received for Alley Improvement between Miner and Jefferson Streets. Motion declared Carried. Bid received from J. A. Johnson Paving Company in the amount of $3,501.00 . Moved by Prickett, seconded Wagner, to award the bid to J. A. Johnson Paving Company in the amount of $3,501,00 with provision that work be completed this year. Upon roll call, the vote was: AYES: - 14 - Koplos, Prickett, Sherwood, Leer, O'Brien, Hinde, Czubakowski, Wagner, Swanson, Thomas, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 3 - Szabo, Bolek, Bonaguidi There being fourteen affirmative votes, Motion declared Carried. Public Notice from State of Illinois Department of Public Works and Buildings Div±ion of Waterways re Proposed Temporary Crossing across the Des Plaines River approx. two miles north of Des Plaines by E. G. Sexton was presented to City Council by City Clerk Rohrbach. No action Moved by Thomas, seconded by Prickett, to concur with Mayor Behrel's appointment of Mr. Kenneth Tiernan as Superintendent of Sewers to the Board of Local Improvements. Motion declared Carried. Plat of Pleasant Acres Subdivision submitted by Rauschenberg and Biasiello of property located at Millers Road and Mt. Prospect Road was referred to the Plan Commission for study and report. Moved by Shillington, seconded by Sherwood, that the regular meeting of the City Council adjourn. Mot�pn declared Carried. APPROVED BY ME THIS /6r`Z 9-61177-6/ Bertha Eleanor Rohrbach CITY CLERK