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06/07/1971105 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CITY HALL, MONDAY, JUNE 7, 1971 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 P.M. The meeting opened with prayer by Rev. Keith Davis, pastor of the Church of the Master, followed by the Pledge of Allegiance to the flag. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Kehe, Sherwood, Bolek, Chase, O'Brien, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams. Absent were Szabo, and Michaels. Also present were: City Comptroller Blietz, Police Chief Hintz, Fire Chief Haag, Building Commissioner Prickett, City Engineer Bowen, Commissioner of Public Works Schwab, Assistant Commissioner of Public Works Schaefer, City Treasurer Rateike, and City Attorney DiLeonardi. There being a quorum present the meeting was in order. MINUTES: Moved by Kehe, seconded by Bonaguidi, that the Minutes of the regular meeting held May 17, 1971, be approved as Published. Alderman Erbach corrected Page four, paragraph 2, line 3 to read "traffic on Dale Street to stop for traffic on Estes" and Alderman Koplos corrected Page one, last paragraph, line 3 to read "held March 15, 1971, had expired" and scratched the word "meeting" in line 4. After correction, Motion to approve declared Carried. Alderman Szabo arrived at this time. REPORTS OF ICITY OFFICIALS: CITY COMPTROLLER: Police Chief BUILDING COMMISSIONER City Engineer City Attorney The following reports were ordered placed on file: Health Department, May; Building Department, May; Engineering Department, May; Department of Public Works, May. City Comptroller Blietz submitted Tax Rate and Assessed Valuation information for Maine Township and Elk Grove Township. Police Chief Hintz reported that the case relating to the murder at DeSoto Chemical Co/ is scheduled for June 18th, and further that no injuries were reported during the Memorial Day weekend. Building Commissioner Prickett reported that plans for a building in the R-5 District located at Brown Street had been reviewed by the Architectural Commission and upon refusal to issue a building permit, were referred to the Building Control and Inspection Committee, at the owner's request. Building Commissioner reported that he has refused to tissue a building permit in accordance with present plans submitted as they do not conform to the Parking Regulations set forth in the Zoning Ordinance. Considerable discussion followed this report. City Engineer reported that the 1971 Street Maintenance program is in progress as well as the back filling of Old Weller Creek. Further, he submitted a report of the Status of City Wells to Council. City Attorney DiLeonardi reported that Judge Egan ruled in favor of the Firemen's Pension Board of Trustees in the Hanson case filed by the City of Des Plaines. No action to appeal was taken. He further reported that the Illinois Appellate Court has affirmed the Circuit Court decision in favor of the City of Des Plaines in the Beam Zoning Variation Case. 6/7/71 106 Page two LEGAL SUIT City Attorney DiLeonardi reported that Judge Egan ruled Zoning in favor of Cities Service Co., in the Zoning Case wherein Ballard & City of Des Plaines denied Special Use of property located Potter at Ballard and Potter for Gasoline Service Station. The matter was referred to the City Code and Judiciary Committee for recommendation as to appeal. LEGAL SUIT City Attorney DiLeonardi reported that the Superior Court Lunar Oil Co. has denied the Petition of Lunar Oil Company and final order against Lunar Oil Company in favor of the City of Des Plaines is forthcoming. S.A. 192, 193, & 194 City Attorney DiLeonardi reported that the Supplemental Assessments for 192, 193, and 194 were confirmed by the Court on May 25, 1971. SUIT City Attorney reported that the suit, filed by builder R-5 District and property owners relating to the R-5 District moratorium having to do with lot frontages filed against Building Commissioner Prickett has been dismissed. DUTIES OF COMMITTEES: Alderman Bolek requested a legal opinion regarding the Duties of Committees as set forth in Section 1-6-5 of the City Code as it relates to the Building and Zoning Ordinance administration. COMMISSIONER Commissioner of Public Works reported that the City experienced OF PUBLIC verylittle storm damage, with the exception of a partially WORKS demolished building located at Pearson and Jefferson Streets. He further reported that the Stump Removal program is nearing completion for this year. COMMITTEE Moved any Swanson, seconded by Hinde, to concur with Municipal REPORTS: Deelopment Committee's recommendation to approve the Plat Meyer's of Meyer's Subdivision located at 2157 Sprucewood and Subdivision authorize execution of same. Motion declared Carried. THORNQUIST'S Moved by Swanson, seconded by Sherwood, to concur with SUBDIVISION Municipal Development Committee's recommendation to approve Plat of Thornquist's Subdivision located at the Southeast corner of Jarvis and Douglas and authorize execution of same. Motion declared Carried. LICENSE Moved by Bolek, seconded by Hinde, to concur with License REGISTRATION Committee's recommendation to purchase State of Illinois RECORDS Vehicle License registration records from the R. H. Donnelly & Co., in the amount of approximately $900. Upon roll call, the vote was: AYES: - 16 - Kopios, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Mayor. NAYS: 0 - None ABSENT: 1 - Michaels There being sixteen affirmative votes, Motion declared Carried. N. 0. I. S. E. Alderman Bolek made a report on the conference held in Washington, D. C. by N.O.I.S.E. He further reported on the meeting heMd with Postal Department officials relating to a new postal facility for the City of Des Plaines. LIQUOR LICENSES Mayor Behrel's request for elimination of the provision Class E that a restaurant applying for a Class E Liquor License be in business for a period of at least one year was referred to the -License Committee for review and report. EQUIPMENT Moved by Erbach, seconded by Swanson, to concur with Public Works Sanitation Committee's recommendation to award the bid for Packer Truck the 1971 Heavy Duty Truck with Leach Packmaster to the low bidder, Oakton International, Inc., in the amount of $23,645.71, less trade in, $2,385.00 for a net amount of 4/ $21,260.71. Upon roll call, the vote was: TRUCK (Cont'd) NO PARKING Lee Street RIVER STREET IMPROVEMENT MFT Funds MFT Resolution Section 91CS CENTER ST. Widening PARKING F:•: rs t Ave. PARKING Lee Street WATERMAIN RECAPTURE AGREEMENT STORM SEWER CLEANING & REPAIR OAKTON ST. 6/7/71 107 Page three AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Mayor. 0 - None 1 - Michaels There being sixteen affirmative votes, Motion declared Carried. NAYS: ABSENT: Moved by O'Brien, seconded by Hinde, to concur with Streets and Traffic Committee's recommendation for "No Parking At Any Time" on the west side of Lee Street from Howard Street to Touhy Avenue and authorize City Attorney to draft necessary ordinance. Motion declared Carried. Moved by O'Brien, seconded by Hinde, to concur with Streets and Traffic Committee's recommendation to improve River Street and widen to 28' with MFT Funds. Council recessed from 9:30 to 9:40 to study plans. Moved by Szabo, seconded by Koplos, to amend the plans to limit widening of River Street to 26' back to back curb. Motion declared Carried. Motion as amended declared Carried. Moved by Szabo, seconded by O'Brien, to adopt Resolution appropriating $15,000 additional MFT Funds for Section 91CS for the improvement of River Street. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Mayor. NAYS: 0 - None ABSENT: 1 - Michaels There being sixteen affirmative votes, Motion declared Carried. Moved by O'Brien, seconded by Kehe, to concur with Streets and Traffic Committee's recommendation to widen Center Street to 30 feet from Thacker Street to Lincoln Avenue. Motion declared Carried. The request for No Parking on First Avenue from North Avenue -to Woodlawn Avenue was referred to the Streets and Traffic Committee. Alderman Czubakowski's request for a review of present parking in front of Dodge, Inc. on Lee Street, north of Oakton Street was referred to the Police Department for study and report. Moved by Koplos, seconded by Thomas, to concur with Water and Sewer Committee's recommendation to enter into a recapture agreement with Pock Road Construction Company and Al martin Curtis as Trustee under Trust No. 161 and to authorize Mayor and City Clerk to execute agreement. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Mayor. NAYS: 0 - None ABSENT: 1 - Michaels There being sixteen affirmative votes, Motion declared Carried. Moved by Koplos, seconded by Sherwood, to concur with Water and Sewer Committee's recommendation to award the bid for the repair and cleaning of Oakton Street Storm Sewer to the low bidder, Southern Line Cleaning, Inc., in the amount of $4,995.00 and return checks or bid bonds of the unsuccessful bidders. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Mayor. NAYS: 0 - None ABSENT: 1 - Michaels There being sixteen affirmative votes, Motion declared Carried.. i 1 1 STORM SEWER Public Works Building SIGN Royal Court Inn BILLS PAYABLE ORDINANCE A-2-71 1229 Golf AGREEMENT STREET MAINTENANCE ZONING CASES 71-16-R 71-17-R 71-19-R ZONING CASE 71-20-R Mt. Prospect Rd - Golf SUBDIVISION 2158 Elm ira IIRESOLUTION City Clerk NATIONAL LEAGUE OF CITIES CONFERENCE 6/7/71 108 Page four Moved by Koplos, seconded by Thomas, to concur with Water and Sewer Committee's recommendation to advertise for bids to construct a storm sewer from the Public Works Building, Campground Road to a designated point to tap on to the Park Ridge storm sewer project - bids returnable June 28, 1971 at 3 p.m. Motion declared Carried. Moved by Bonaguidi, seconded by Erbach, to concur with Building Control and Inspection Committee's recommendation to approve sign request of Royal Court Inn to erect sign 25 feet in height at Elmhurst and Oakton Streets. Motion declared Carried. Alderman Szabo voted No. Moved by Hinde, seconded by Bonaguidi, 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 $188,882.64. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Mayor. NAYS: 0 - None ABSENT: 1 - Michaels There being sixteen affirmative votes, Motion declared Carried. Placed on First Reading was Ordinance A-2-71 annexing involuntarily property located at 1229 Golf Road. Moved by Hinde, seconded by Czubakowski, to authorize execution of Agreement for Maintenance of City Streets with State of Illinois for the period July 1, 1971, to June 30, 1972. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Mayor. NAYS: 0 - None ABSENT: 1 - Michaels There being sixteen affirmative votes, Motion declared Carried. The letters from Des Plaines Zoning Board of Appeals re the following cases were referredAo the Municipal Development Committee for study and report: 71-16-R - 1001 Northwest Highway 71-17-R - 170 South River Road 71-19-R - 165 N. River Road Moved by Seitz, seconded by Abrams, to concur with Des Plaines Zoning Board of Appeals recommendation to deny petition to rezone as set forth in Case 71-20-R - property located at Mt. Prospect and Golf Roads. Motion declared Carried. Plat of Subdivision located at 2158 Elmira Avenue requested by J. Hertenstein was referred to the Plan Commission for study and report. Moved by Sherwood, seconded by Czubakowski, to adopt a Resolution recognizing City Clerk B. E. Rohrbach for receiving the IIMC Professional Excellence Award at its Twenty -Fifth Annual Conference. Motion declared Carried. Moved by Seitz, seconded Mayor and Mrs. Behrel to Conference to be held in December /02, 1971. Upon by Abrams, to approve the expenses attend the National League of Cities Honolulu November 28th thru roll call, the vote was: 6/7/71 109 Page five CONFERENCE AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, (Cont'd) O'Brien, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Mayor. NAYS: 0 - None ABSENT: 1 - Michaels There being sixteen affirmative votes, Motion declared Carried. ORDINANCE Moved by Sherwood, seconded by Kehe, to remove from the T-7-71 table Ordinance T-7-71 prohibiting Parking on the West Side GRACELAND/ of Graceland/First Avenue from the corner of Oakwood to FIRST Walnut Street between the hours of 6:30 A.M. and 5:30 P.M. PARKING except Saturdays and Sundays. Motion declared Carried. Moved by Sherwood, seconded by Kehe to adopt Ordinance T-7-71. Moved by Chase, seconded by Czubakowski, to amend the ordinance to "No Parking At Anytime". Motion declared lost upon roll call vote as follows: AYES: - 4 - Szabo, Chase, Czubakowski, Erbach NAYS: 11 - Koplos, Kehe, Sherwood, Bolek, O'Brien, Hinde, Swanson, Thomas, Bonaguidi, Seitz, Abrams. ABSENT: 1 - Michaels Motion declared lost. Upon roll call of Motion to adopt Ordinance T-7-71, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Sherwood, Bolek, O'Brien, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Mayor NAYS: 1 - Chase ABSENT: 1 - Michaels There being fifteen affirmative votes, Motion declared Carried. VEHICLE Moved by Seitz, seconded by Bonaguidi, to amend the City LICENSES Code to reduce the fee for vehicle licenses issued to Disabled Disabled veterans to $1 effective January 1, 1972 and Veterans authorize City Attorney to draft the necessary amendment. Motion declared Carried. PENNA. AVE. Referred to the Police Department for count of speeding Speed limit vehicles on Pennsylvania Avenue and to Streets and Traffic Committee for study and report was the rectuest of Alderman Abrams for solution of speed and traffic problem on Pennsylvania Avenue. ADJOURNMENT: Moved by Sherwood, seconded by Seitz, that the regular meeting of the City Council adjourn. Motion declare Carried. APPROVED BY THIS Bertha Eleanor Rohrbach, City Clerk DAY 0 . '�{�/ A;: D., 1971 .. . 7/4 Pe/HE.�.E T H. BEHROR