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07/06/1971116 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CITY HALL TUESDAY, JULY 6, 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. Wobbe of the United Church of Christ, followed by the Pledge of Allegiance to the flag. 1 ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Szabo, Sherwood, Bolek, Chase, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams. Absent were Kehe, O'Brien, 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 acting City Attorney Charles Hug. There being a quorum present, the meeting was in order. MINUTES: Moved by Bonaguidi, seconded by Erbach, that the minutes of the regular meeting held June 21, 1971, be approved as published. Corrections were made as follows: Page One, paragraph 3, change Blietz to Carlsen; Page three, paragraph 1, change Hinde to Thomas Page three, paragraph 5, add the words Part I, following Phase II. Motion to approve as corrected declared Carried. Alderman Michaels arrived at this time REPORTS OF The following reports were ordered placed on file: CITY OFFICIALS: Health Department, June; Building Department, June, Engineering Department, June; Public Works Department, June; Capital Expenditures from January to May 31, 1971; Parking Meter Fund Projected Revenues and Expenditures for the year ended December 31, 1971. City City Comptroller Blietz reported that the claim of Comptroller William Walters will be filed with Blue Cross, Blue Shield rather than Workmens Compensation. Further, he introduced Mr. Robert Olson, a student participating in the Summer Internship Program of the Department of Local Government Affairs. Police Chief Police Chief Hintz reported on several armed robberies, further that there were 21 traffic accidents with three injuries and one fatality during the July 4th weekend; City Engineer City Engineer Bowen reported that the Chicago Water Meter. Pit located in Rosemont was vandelized at 7 P.M., July 5th and has been repaired except the fence. Fire Chief Fire Chief Haag reported on. the fire June 29th at Roland's Bakery, and the fire July 4th of the abandoned building on the Trammel Crow property at Touhy aNd Eastview. OAKTON STREET Moved by Bolek, seconded by Chase, to adopt a resolution IMPROVEMENT opposing the manner in which the Oakton Street Improvement Cook Co. from Lee Street to Mt. Prospect Road was handled in so far as failure to include City Department Heads in the pre -construction meeting and lack of cooperation with the City of Des Plaines - copies to be sent to Cook Ciunty Board President and all members of the County Board. Motion declared Carried. COMMITTEE Moved by Swanson, seconded by Hinde, to concur with REPORTS: Municipal Devel6pment Committee's recommendation to Oakel approve Plat of Oakel Subdivision and authorize execution Subdivision upon receipt of agreement to install sidewalks on Oakton Street. Motion declared Carried. STEWART AVENUE VACATION 7/6/71 117 Page two Motion to concur with Municipal Development Committee's recommendation to obtain appraisal of Stewart Avenue from River Drive to the River prior to vacation was brought to the floor. The letter from Attorney Kenneth G. Meyer, as follows was read at this time: "It was with interest that I read about the dispute concerning the existing Stewart Avenue from River Drive to the Des Plaines River. I wish to bring to your attention some past history concerning this parcel of property. When River Drive as it then existed to Algonquin Road was vacated, it was a condition of the trans action that Stewart Avenue from the river to River Drive remain public property for the purpose of maintaining a means of ingress and egress for canoists to the Des Plaines River. This action took place while I was Mayor, and I know that the aldermen who held office at that time were all in accord that a public way to the river should be preserved at this location." NORTH MAINE FIRE PROTEC- TION DISTRICT FRANCHISE AGREEMENT Illinois Bell LUAU Yield to FOURTH AVENUE PENNA. AVE. Blacktopping VACATIO N Stewart Ave. PRAIRIE AVE. IMPROVEMENT Downtown STORM SEWER EXTENSION Campground Rd. Upon roll call, the vote was: AYES: - 3 - Hinde, Czubakowski, Swanson NAYS: 11 - Koplos, Szabo, Sherwood, Bolek, Chase, Erbach, Thomas, Bonaguidi, Seitz, Abrams, Michaels ABSENT: 2 - Kehe, O'Brien There being eleven negative votes, Motion declared lost. Mayor Behrel announced that Attorney LeVander is in the process of preparing a proposed schedule of payments to be made to the City by North Maine Fire Protection District. Alderman Bolek submitted the Analysia of Telephone Utility Franchise Agreement prepared by City Com ptroller Blietz, and requested that City Attorney review the franchise agreement with Illinois Bell Telephone Ce. Moved by Seitz, seconded by Bolek, to concur with Streets and Traffic Committee's recommendation that traffic on Luau yield to traffic on Fourth Avenue - City Attorney to draft ordinance. Motion declared Carried. Moved by Seitz, seconded by Swanson, to concur with Streets and Traffic Committee's recommendation to deny request of petitioners to blacktop Pennsylvania Avenue at this time. Motion declared Carried. Motion to concur with Streets and Traffic Committee's recommendation that Stewart Avenue not be vacated was brought to the floor for roll call vote: The vote was: AYES: - 11 - Koplos, Szabo, Sherwood, Bolek, Chase, Erbach, Thomas, Bonaguidi, Seitz, Abrams, Michaels NAYS: 4 - Hinde, Czubakowski, Swanson, Mayor ABSENT: 2 - Kehe, O'Brien There being eleven affirmative votes, Motion not to vacate Stewart Avenue was declared Carried. Moved by Seitz, seconded by Hinde, to concur with Streets and Traffic Committee's recommendation to approve the concept of the improvement of Prairie Avenue from Graceland to River Road in connection with downtown redevelopment and to authorize City Engineer to proceed with drawing plans and specifications. Motion declared Carried. Moved by Koplos, seconded by Thomas, to concur with Water and Sewer Committee's recommendation to award the bid for the Campground Road Storm Sewer Extension to the low bidder, Rossetti Contracting Co., Inc. in the amount of $4,214.00 and return checks of the unsuccessful bidders. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Sherwood, Bolek, Chase, Hinde, Czubakowski, Erbach, Swanson, Thomas, ,PA STORM SEWER EXTENSION Campground Rd. (Cont' d) COMMISSION Members COMMISSION. Membership REAL ESTATE Tax Bills CIVIL DEFENSE RESOLUTION Death of Elmer Johnson RESOLUTION Death of Marshall Howard COUNSELING SERVICES BILLS PAYABLE CITY TREASURER 7/6/71 118 Page three Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: - 0 - None ABSENT; 2 - Kehe, O'Brien There being fifteen affirmative votes, Motion declared Carried. Moved by Abrams, seconded by Michaels, to concur with City Code and Judiciary Committee's recommendation not to amend the City Code to require that three consecutive absences of a Commission Member without excuse from Commission meetings be considered as an automatic resignation. Motion declared Carried. Moved by Abrams, seconded by Michaels, to concur with City Code and Judiciary Committee's recommendation not to amend the City Code requiring that no elected or appointed official of the City be allowed to serve as a voting member of a Commission unless otherwise provided by State Statute. Motion declared Carried. Moved by Abrams, seconded by Michaels, to concur with City Code and Judiciary Committee's recommendation that City Council not pass a proposed resolution as enacted by the Village of Elmwood Park relating to Real Estate Tax Bills but instead advise Elmwood Park of our general agreement and alternately propose that the Illinois Municipal League take this matter under advisement for possible legislative reform. Motion declared Carried. Alderman Czubakowski submitted written report of Civil Defense Director, which was ordered placed on file. Moved by Michaels, seconded by Erbach, to adopt a resolution extending sympathy to the family of former alderman Mr. Elmer Johnson, who served the City from 1937 to 1949, and recently passed away. Motion declared Carried. Moved by Bonaguidi, seconded by Thomas, to adopt a Resolution extending sympathy to the family of former City Attorney Mr. Marshall Howard who recently passed away. Motion declared Carried. The motion to concur with Health and Welfare Committee's recommendation to increase the maximum from $150 to $250 per individual as the City's share in the purchase of recommended Counseling Services from Maine Township Mental Health Association was brought to the floor. Moved by Koplos, seconded by Thomas, to amend the motion to increase the maximum from $150 to $200 per individual. Motion to amend declared Carried. Motion as amended declared Carried. Moved by Hinde, 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, $176,548.97. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Sherwood, Bolek, Chase, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. 0 - None NAYS: ABSENT: 2 - Kehe, O'Brien There being fifteen affirmative votes, Motion declared Carried. City Treasurer Rateike retorted that the delinquent list of Special Assessments was filed and those persons delinquent were notified in writing of same. ORDINANCE T-9-71 PARKING Lee St. ORDINANCE M-11-71 Committees ORDINANCE M-12-71 Sidewalks DRIVEWAYS Thickness ORDINANCE M-13-71 Water Bills ORDINANCE M-14-71 Fence 7/6/71 119 Page four Moved by Swanson, seconded by Thomas, to adopt Ordinance T-9-71 prohibiting Parking along the West Side of Lee Street between Howard Avenue and Touhy Avenue. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Sherwood, Bolek, Chase, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 2 - Kehe, O'Brien There being fifteen affirmative votes, Motion declared Carried. Placed on First Reading was Ordinance M-11-71 having to do with Duties of Committees Placed on First Reading was Ordinance M-12-71 having to do with increasing the thickness of Sidewalks within Subdivisions from Four Inches to Five Inches. Referred to the Streets and Traffic Committee for study and report Referred to the Streets and Traffic Committee was Building Commissioner's request for requirements for driveways suggesting it be reduced to 5" rather than 6" thickness. Placed on First Reading was Ordinance M-13-71 having to do with Water Rates and Deposit, by Re -Numbering Said Sub -Paragraph (D) and by increasing the grace period prior to 10% Penalty for Late Payment from 10 days to 20 days. Placed on First Reading was Ordinance M-14-71 having to do with Partition Fence Regulations. ORDINANCE Placed on First Reading was Ordinance M-15-71 having to do M-15-71 with The Human Relations Commission. Human Relations ORDINANCE T-10-71 Western Ave. ORDINANCE T-11-71 Norman Ct. Marshall Dr. ORDINANCE T-12-71 First Ave. Moved by Szabo, seconded by Koplos, to waive First Reading of Ordinance T-10-71 Prohibiting Parking on Both Sides of Western Avenue from Northwest Highway to Harding Avenue. Motion declared Carried. Moved by Szabo, seconded by Koplos to adopt Ordinance T-10-71. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Sherwood, Bolek, Chase, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. 0 - None 2 - Kehe, O'Brien There being fifteen affirmative votes, Motion declared Carried. NAYS: ABSENT: Moved by Michaels, seconded by Seitz, to waive First Reading of Ordinance T-11-71 Adding the Intersection of Norman Court and Marshall Drive As An Additional Two -Way Stop Intersection. Motion declared Carried. Moved by Michaels, seconded by Seitz, to adopt Ordinance T-11-71. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Sherwood, Bolek, Chase, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 2 - Kehe, O'Brien There being fifteen affirmative votes, Motion declared Carried. Placed on First Reading was Ordinance T-12-71 Prohibiting Parking on Both Sides of First Avenue from North Avenue to Woodlawn Avenue between the hours of 10:00 A.M. and 4:00 P.M., except Saturdays, Sundays and Holidays. fAi 7/6/71 120 Page five ORDINANCE Moved by Czubakowski, seconded by Erbach, to waive First T-13-71 Reading of Ordinance T-13-71 Prohibiting Parking on the Spruce St. West Side of Spruce Street from Oakton Street South to the Alley. Motion declared Carried. Moved by Czubakowski, seconded by Erbach to adopt Ordinance T-13-71. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Sherwood, Bolek, Chase, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 2 - Kehe, O'Brien There being fifteen affirmative votes, Motion declared Carried. ORDINANCE Placed on First Reading was Ordinance T-14-71 Prohibiting T-14-71 Parking Along Both Sides of Chicago Avenue. Chicago Ave. ORDINANCE T-15-71 Margret Walnut ORDINANCE T-16-71 Vehicle Lic. Moved by Bolek, seconded by Chase, to waive First Reading of Ordinance T-15-71 Requiring Margret Street Traffic to Yield to Traffic on Walnut Street. Motion declared Carried. Moved by Bolek, seconded by Chase, to adopt Ordinance T-15-71. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Sherwood, Bolek, Chase, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 2 - Kehe, O'Brien There being fifteen affirmative votes, Motion declared Carried. Placed on First Reading was Ordinance T-16-71 Providing for Vehicle Licenses for Trucks to Be Issued For a Period of Six Months in 1972 and Thereafter on a Yearly Basis from July 1 to June 30 of Each Year; And By Reducing The Vehicle License Fee for Disabled Veterans to One Dollar ($1.00) Effective January 1, 1972. ORDINANCE Placed on First Reading was Ordinance B-3-71 Amending B-3-71 Section 7.1 of The Building Code By Deleting Property Within the R-5 Zoning District from Conflagration Hazard District Number One. Referred to Building Control & Inspection and Fire Committees for study and report. ORDINANCE Placed on First Reading was Ordinance Z-10-71 providing for Z-10-71 the rezoning of property located at 165 N. River Road to 165 N. River M-2 General Manufacturing District ORDINANCE Placed on First Reading was Ordinance Z-11-71 providing for Z-11-71 the rezoning of property located at 170 S. River Road to 170 S. River C-2 Commercial District ORDINANCE Z-12-71 1001 NW Hwy ORDINANCE M-16-71 BORROWING $160,000 Placed on First Reading was Ordinance Z-12-71 providing for the rezoning of property located at 1001 Northwest Highway to C-2 Commercial District. Moved by Sherwood, seconded by Hinde, to waive First Reading of Ordinance M-16-71 Authorizing and Directing The Borrowing of $160,000 From The Des Plaines National Bank at 4 1/2% Interest Per Annum, Payable On Or Before December 6, 1974, And For The Mayor and City Clerk to Execute And Deliver The Promissory Note of the City Therefor. Motion declared Carried, Moved by Thomas, seconded by Swanson, to adopt Ordinance M-16-71. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Sherwood, Bolek, Chase, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 2 - Kehe, O'Brien There being fifteen affirmative votes, Motion declared Carried. 7/6/71 121 Page Six ZONING CASE The Letter from Des Plaines Zoning Board of Appeals re 71-21-R Case No. 71-21-R - property located at 715 to 745 Des Plaines Avenue was referred to the Municipal Development Committee. ZONING CASE The letter from Des Plaines Zoning Board of Appeals re 71-23-R Case No. 71-23-R - property located at 1405 to 1445 Lee Street was referred to the Municipal Development Committee. ZONING CASE The letter from Des Plaines Zoning Board of Appeals re 71 -18 -SU Case No. 71 -18 -SU - property located at the N. E. Corner of Oakton and Elmhurst Roads was referred to the Municipal Development Committee. RESOLUTION R-9-71 Plumbing Permit Fees Moved by Swanson, seconded by Thomas, to adopt Resolution R-9-71 Establishing Plumbing Permit Fees, Pursuant to Section 5.6 of the Building Code and Ordinance. Upon roll Call, the vote was: AYES: - 15 - Koplos, Szabo, Sherwood, Bolek, Chase, Hinde; Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 2 - Kehe, O'Brien There being fifteen affirmative votes, Motion declared Carried. SUBDIVISION The Plat of Felten's Subdivision and letter of recommendation Felten from Plan Commission was referred to the Municipal Development Committee. DEDICATION Central Rd. RECAPTURE AGREEMENT Royal Court. LEGAL SUIT Minardi 1316 Brown LIQUOR LICENSE Casa Royale TOPICS River Rd. Miner St. Overpass APPOINTMENT Real Estate Review Bd. P"," The Plat of Dedication o:fCatholic Bishop Property on the north side of Central Road and letter from Plan Commission was referred to the Municipal Development Committee The Recapture Agreement between owners of the Royal Court Inn and the City of Des Plaines for Sewer Costs was referred to the Water and Sewer Committee. Moved by Bonaguidi, seconded by Abrams, to authorize and direct City Attorney DiLeonardi to defend City and Building_ Commissioner Alfred Prickett in Mandamus Suit of The First National Bank of Des Plaines as Trustee Under Trust No. 427, and John A. Minardi, Beneficiary ThereUnder. Upon roll call, the vote was: AYES: - 12 - Koplos, Szabo, Sherwood, Hinde, Czubakowski, Erbach, Swanson, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 3 - Bolek, Chase, Thomas ABSENT: 2 - Kehe, O'Brien There being twelve affirmative votes, Motion declared Carried. The request for change of Liquor License Classification from Casa Royale Banquets located at 783 Lee Street was referred to the License and Inspection Committee. Moved by Sherwood, seconded by Hinde, to approve the Application for TOPICS monies for the Overpass at River Road and Miner Street, and to authorize the execution of same. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Sherwood, Bolek, Chase, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 2 - Kehe, O'Brien There being fifteen affirmative votes, Motion declared Carried. Moved by Hinde, seconded by Sherwood, to concur with Mayor Behrel's appointment of Mr. Norman Sam ,.elson to fill the vacancy on the Des Plaines Real Estate Broker Review Board, term to expire June 30, 1973. Motion declared Carried. Page seven LANDSCAPING Referred to the Building Control Buildings was Alderman Bonaguidi's request small stones or large stones for PARKING Dennis Place PROSPECT AVE_ Improvement SWIMMING POOL ORD. 122 7/6/71 and Inspection Committee to prohibit the use of landscaping purposes. Referred to the Traffic Commission was Alderman Thomas's request for removal of No Parking At Any Time on the South Side of Dennis Place to the North Side of said street. .Referred to the Board of Local Improvements was Alderman Thomas's request for the improvement of Prospect Avenue from White to Maple by Special Assessment. Referred to the Building Control and Inspection Committee was Alderman Abrams's request for Swimming Pool Ordinance review with relation to overhead wires and other electrical connections. LOAD LIMIT Alderman Seitz's request for Three Ton Load Limit Signs Fourth,Fifth on Fourth, Fifth, and Sixth Avenues between Golf Road Sixth Aves. and Seegers Road was referred to the Traffic Commission for study and report. CEDAR ST. Improvement BOACO CODE Building Alderman Swanson's request for the improvement of Cedar Street on the West Side from the alley north by Special Assessment was referred to the Board of Local Improvements. Referred to the Building Control and Inspection Committee was possibility of adopting the Boaco Building Code as the City's Building Code. ADJOURNMENT: Moved by Sherwood, seconded by Swanson, that the r meeting of the City Cou ci adjourn. Motion ,d cl 2 Bertha Eleanor Rohrbach,/CITY CLERK 1 APPROVED BY, DAY OF 4, THIS ular ed Carried. A. D./1 19 H RB '•T H. k3EHRE 1 AYi R 1