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09/07/1971142 MINUTES OF THE PRE -ANNEXATION HEARING BEFORE THE CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, TUESDAY, SEPTEMBER 7, 1971 ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Szabo, Kehe, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams. Alderman Bolek and Michaels arrived at 7:55 P.M. Absent were Aldermen Sherwood and Czubakowski. ANNEXATION City Clerk Rohrbach read the legal notice of Public Hearing AGREEMENT on the proposed written pre -annexation agreement between the Enter Parts,City of Des Plaines and Enter -Parts, Inc. Attorney Burton Inc. Reif described the business conducted by Enter Parts, Inc. and explained the terms of said annexation agreement. Alderman Abrams questioned paragraph 3 (a) regarding the metal building of pole -barn construction and requested an amendment to said paragraph to require that the building be removed within five years from the date of agreement. Alderman Bolek questioned the sewer and water charges set forth in paragraph 4. Alderman Swanson questioned paragraphs 3 (a) and 2 (b). There being no persons wishing to be heard, the hearing was declared closed at 8:10 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CITY HALL, TUESDAY, SEPTEMBER 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 8:16 p.m. The meeting open -ed with prayer by Father Hughes of St. Stephen's Church followed by the Pledge of Allegiance to the flag. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. Absent were: Sherwood, Czubakowski. Also present. were: City Comptroller Blietz, Chief of Police Hintz, Fire Chief Haag, Building Commissioner Prickett, City Engineer Bowen, Commissioner of Public Works Schwab, Assistant Commissioner of Public Works Schaefer, City Treasurer Rateike, Deputy Fire Chief Cory, City Attorney DiLeonardi, and his assistant, Charles Hug. There being a quorum present, the meeting was in order. MINUTES: Moved by Swanson, seconded by Hinde, to approve the Minutes of the regular meeting held August 16, 1971, as published. Motion declared Carried. REPORTS OF Placed on file were the following reports: Building Depart - CITY OFFICIALS:ment, August; Health Department, August; Engineering Department, August; Department of Public Works, August; City Treasurer's report of Tax Receipts. POLICE CHIEF Police Chief Hintz reported there were 36 vehicle accidents during the Labor Day Holiday, resulting in 7 personal injuries. He further reported there were 24 narcotics related cases during the month of August. He submitted to members of City Council the Proposed Method of Conducting Individual Management Studies to be conducted in Des Plaines. Fire Chief Fire Chief Haag reported on the fire September 4th at 1877 Busse Highway. CITY City Attorney DiLeonardi that the transcripts of the ATTORNEY hearing to investigate Summer City Employees involvement in Neighborhood Youth Corps Program has been received. He further reported that the City's brief has been filed in the Rand -Wolf Zoning Case, and the Plaintiff has filed theirs....The City will file a reply -within a week. The Billy Joe Barr case is scheduled for trial September 9th. ,of/6 HISTORICAL PRESERVATION ORDINANCE Commissioner Public Works REPORTS OF COMMITTEES: Subdivision Smith's EQUIPMENT Fire Dept. Ambulance NEW MUNICIPAL BUILDING LOAD LIMIT Seventh Ward PARKING Bennett Place TREES SIDEWALKS Central Rd. 9/7/71 143 Page two The draft of a Historical Preservation Ordinance prepared by City Attorney was referred to the Library and Historical Society Committee for study and report. Commissioner of Public Works reported that the street survey of streets to be included in the 1972 Maintenance Program will be started the end of September. Moved by Swanson, seconded by Erbach, to concur with Municipal Development Committee's recommendation to approve the Plat of Smith's Resubdivision located at 2122 Sprucewood Avenue and to authorize execution thereof. Motion declared Carried. Motion to award the bid for the Fire Department Ambulance to Midwest Professional Car Sales and Service, Inc. in the amount of $17,785.00 deferred at last regular meeting was brought to the floor. Upon roll call, the vote was: AYES: - 13 - Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 2 - Koplos, Szabo ABSENT 2 - Czubakowski, Sherwood There being thirteen affirmative votes, Motion declared Carried. Moved by Szabo, seconded by Koplos, to concur with Public Building, Grounds and Parking Lots Committee's progress report that the Committee continue to study the condominium concept, securing further estimates of cost, for the construction of a new Municipal Building. Motion declared. carried. Moved by O'Brien, seconded by Swanson, to concur with Streets and Traffic Committee's recommendation to post 3 ton load limit signs on Fourth, Fifth, Sixth, and Seventh Avenues between Golf Road and Seegers Road, 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 remove "No Parking" signs from the south side of Bennett Place and move to the north side of Bennett Place, alternated yearly. Moved by Swanson, seconded by Bolek, to defer action until next meeting. Moved by O'Brien, seconded by Bolek, to concur with Streets and Traffic and Forestry Committee's recommendation to purchase 400 Marshall Ash treeis @ $7.75 per tree and 400 Norway Maple trees @ $8.75 per tree from Simonsen Nursery. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fifteen affirmative votes, Motion declared Carried. Moved by O'Brien, seconded by Bolek, to concur with Streets and Traffic and Forestry Committee's recommendation to award the contract for the installation of sidewalks on the north side of Central Road to Russell Cement Company - 8600 square feet at 90 per square foot and authorize execution of contract by Mayor and City Clerk. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fifteen affirmative votes, Motion declared Carried 9/7/71 Page three 144 MFT Moved by Szabo, seconded by Koplos, to return bid checks SECTION 91CS of all bidders, except low bidder, for Section 91CS, and accept bid bond in lieu of certified check for low bidder. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fifteen affirmative votes, Motion declared Carried. N.W.TOLLWAY Moved by Bolek, se conded by Hinde, to adopt a resolution Ingress & urging the Illinois Tollway Commission to construct ingress Egress and egress from the Northwest Tollway into the City of Des Plaines, either at Elmhurst Road or Mt. Prospect Road. Motion declared Carried. PARKING - Lee St. Referred to the Traffic Commission for study and report was Alderman Szabo's request restricting parking from 7 a.m. to 9 a.m. and from 4:30 p.m. to 6 p.m. on the east side of Lee Street from Miner Street to Park Place. PARKING Referred to the Traffic Commission was Alderman Szabo's Perry Street request for restrictive parking on Perry Street from Lee Street westerwardly to Laurel Avenue limiting parking for three hours from 8 a.m. to 11 a.m. WATERMAIN Moved by Koplos, seconded by Abrams, to concur with Water IMPROVEMENTS and Sewer Committee's recommendation to authorize the advertising for bids for watermain improvements - Items, 3,5,6,7,10,11,and 12 of City Engineer's recommendations - bids returnable September 27th, at 3 p.m. Upon roll call, the vote was: AYES: - 10 - Koplos, O'Brien, Hinde, Erbach, Swanson, 114otvias Bax 1-i, Seitz, Abrams, Michaels, Mayor NAYS: 5 - Szabo, Kehe, Bolek, Chase, Bonaguidi ABSENT: 2 - Sherwood, Czubakowski There being ten affirmative votes, Motion declared Carried. SIGN Moved by Bonaguidi, seconded by Thomas, to concur with Jo-Jo's Building Control and Inspection Committee's recommendation Elmhurst Rd. to approve request for over -sized sign for Jo7Jo's Restaurant located on Elmhurst Road near Thacker Street. Motion declared Carried. SIGN Moved by Bonaguidi, seconded by Hinde, to concur with DENNY's Building Control and Inspection Committee's recommendation RESTAURANT to approve revised sign request of Denny's Restaurant, 851 Oakton Street for over -sized sign 25 feet in height. Motion declared Carried. ORDINANCE Moved by Kehe, seconded by Bonaguidi, to renumber Ordinance M-14-71 M-14-71 having to do with fence regulations, and place on Fence First Reading this meeting. Motion declared Lost. Regulations Moved by Abrams, seconded by Kehe, to concur with City Code LEGAL and Judiciary Committee's recommendation that the City dismiss Cities e Service its appeal of the Cities Service case at Ballard and Potter Ballard & in consideration of Cities Service agreeing to the following: Potter 1. Cities Service agrees that the Special Use and C-2 Ordinance are valid and constitional for the property in issue. 2. That if a gas station is built, such station will be built according to certain plans (b) operate only between the hours of 6:30 a.m. and 11 p.m. and 12 P.M. on Fridays and Saturdays (c) there will be no automatic autowashing (d) a deaccelation lane will be dedicated on Potter Road (e) a fence will be constructed on the west property line to protect adjacent residences (f) a building of a certain type will be constructed (g) certain shrubbery will be_plantedd and (h) the site will be developed- accor ing to certain plans. ,4e/e LEGAL Cities Service (Cont'd) SWIMMING POOL LICENSING ORDINANCE SIREN RELOCATION CIVIL DEFENSE BILLS PAYABLE'' ORDINANCE M-17-71 Tax Levy ANNEXATION AGREEMENT Enter Parts, Inc. 901 W. Oakton ORDINANCE A-4-71 901 W. Oakton. 9/7/71 Page four 145 3. That the proposed settlement is a reasonable disposition of the matter. Moved further that the City Attorney be authorized to effect settlement of the aforementioned matter and dismiss the appeal in accordance with the above proposal settlement. Upon roll call, the vote was: AYES - 15 - Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fifteen affirmative votes, Motion declared Carried. Referred to the Building Control and Inspection and License Health and Inspection Committee was Alderman's request for an ordinance requiring the owners of swimming pools to be licensed. Moved by Szabo, seconded by Bolek, to concur with Civil Defense and Beautification Committee's recommendation to relocate the siren near Sengstock Pumping Station to the Sengstock Station Site and authorize the advertising for bids returnable September 27th at 3 P.M. Motion declared Carried. Moved by Hinde, seconded by Erbach, 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 `F:EREBY AUTHORIZED TO MAKE PAYMENT FOR SAME: Total $156,467.61. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fifteen affirmative votes, Motion declared Carried. Moved by Swanson, seconded by Bonaguidi, to adopt Ordinance M-17-71, the Tax Levy Ordinance. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fifteen affirmative votes,. Motion declared Carried. Moved by Hinde, seconded by Bolek, to authorize the execution of Annexation Agreement between the City of Des Plaines and Enter -Parts, Inc. for property located at 901 W. Oakton Street with the following amendment thereto: Page 3, paragraph 3 (a) adding the words "Said Building shall be removed within five years from date hereof." Upon roll call the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. - None - Sherwood, Czubakowski being fifteen affirmative votes, Motion declared Carried. NAYS: 0 ABSENT: 2 There Moved by Erbach, seconded by Thomas, to waive First Reading of Ordinance A-4-71 annexing property located at 901 W. Oakton Street, contained in aforementioned annexation agreement. Motion declared Carried. Moved by Swanson, seconded by Thomas, to adopt Ordinance A-4-71. Upon roll call, the vote was: 1 1 9/7/71 146 Page five ORDINANCE AYES: - 15 - Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, A-4-71 Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, (Coned) Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fifteen affirmative votes, Motion declared Carried. ORDINANCE Z-17-71 901 W. Oakton Moved by Thomas, seconded by Seitz, to waive First Reading of Ordinance Z-17-71 rezoning property located at 901 W. Oakton Street to M-2 General Manufacturing District. Motion declared Carried. Moved by Seitz, seconded by Abrams, to adopt Ordinance Z-17-71. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fifteen affirmative votes, Motion declared Carried ORDINANCE Placed on First Reading was Ordinance Z-16-71, rezoning Z-16-71 property located at 715-745 Des Plaines Avenue to R-5 715-745 Zoning District. Des Plaines Ave. ORDINANCE M-18-71 Subdivision Ru. ORDINANCE M-19-71 Bid Opening ORDINANCE Z-18-71 1377 Jefferson ORDINANCE Z-19-71 1313 Rand Rd. ORDINANCE M-20-71 Fence Reg. ZONING CASES: 71-29-A 71-31-R 71 -32 -RA 71-33-R Referred to City Code and Judiciary and Building Control and Inspection Committee was Ordinance M-18-71 and Resolution .R-11-71 having to do with subdivision regulations and subdivision fees. Placed on First Reading was Ordinance M-19-71 Having to do with Bid Opening Procedures. Placed on First Reading was Ordinance Z-18-71, rezoning property located at 1377 Jefferson Street to C-4 Central Business District and deleting parcel from R-5 Central Core Multiple Family District. Placed on First Reading was Ordinance Z-19-71 rezoning property located at 1313 Rand Road to M-1 Restricted Manufac- turing District. r� Placed on First Reading was Ordinance M-20-71 having to do with Fence Regulations. Referred to the Municipal Development Committee for study and report were the following Zoning Cases: Case 71-29-A - Text Amendment - Elevators Case 71-31-R - 16 South River Road Case 71 -32 -RA - 1320 Rand Road Case 71-33-R - 1323 Harding Street SUBDIVISION Referred to the Plan Commission was the Proposed Plat of 1600 Estes Subdivision of land located at 1600 Estes Avenue by H. Kuehne COOK CO. ZONING Moved by Koplos, seconded by Hinde, to authorize City Attorney DOCKETS 1975, to attend Cook Co. Zoning Hearing on Dockets 1976, 1975, 1976, 1977, & 1977, and 1978 - property located at Ballard & Potter and 1978 Patter and Dempster. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fifteen affirmative'votes, Motion declared Carried. NW MOSQUITO ABATEMENT DISTRICT TAXI -CAB LICENSE The letter from Northwest Mosquito Abatement District re ordinances adopted by Palatine & Schaumburg was referred to the Environmental Controls Committee for study and report. The request of Mr. Harry Picchiotti for a Taxi -Cab license was referred to the License And Inspection Committee for study and report. 1 1 1 CONCERNED METROPOLITAN CITIZENS COMMITTEE LEAHY CIRCLE IMPROVEMENT LIQUOR LICENSE T. Granato River Rd. SCHOOL "BUS DROPS" LEASE - Rental - City RESIGNATION James Fouse Plan Commission SIGNS - Bonds for JOHN GEIGER American Legion Honor GARAGE SALES ADJOURNMENT: 9/7/71 147 Page six The letter from Des Plaines Human Relations Commission endorsing the five point proposal of the Concerned Metropolitan Citizens Committee was referred to the Health and Welfare Committee for study and report. Moved by O'Brien, seconded by Hinde, to ratify action of Mayor Behrel in authorizing Hardin Paving Company to improve a portion of Leahy Circle from the street improvement fund. at a cost of $2,710.00. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fifteen affirmative votes, Motion declared Carried. The letter from Mr. Tom Granato requesting a liquor license to operate a restaurant to be located on River Road was referred to the License and Inspection Committee for study and report. The request to construct "Bus Drops' on easements for Devonshire Elementary School, High Ridge Knolls Elementary School and School District 59 Community Consolidated School was referred to Streets and Traffic and Forestry Committee. Moved by Kehe, seconded by Michaels, to authorize the execution of Office Lease for Office #11 and Office #10, 1585 Ellinwood Street. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fifteen affirmative votes, Motion declared Carried. Moved by Koplos, seconded by Szabo, to accept the resignation of Mr. James Fouse from the Plan Commission and authorize Mayor Behrel to write letter of commendation. Motion declared carried. The letter from Building Commissioner Prickett regarding certain amendments regarding bonds for signs was referred to the City Code and Judiciary Committee for study and report. Moved by Bonaguidi, seconded by Erbach, to adopt a resolution honoring Mr. John Geiger upon his recent election as National Chairman of the American Legion. Motion declared Carried. Alderman Bolek's request that persons conducting garage sales be licensed was referred to the License and Inspection Committee for study wnd report. Moved by Bonaguidi and seconded by Swanson that the meeting of the City Council jeSurn. Motion declar APPROVED BY ME THIS d7 DAY OF A.D.,11971 HE ER ' . BEHREL, MAYOR -4 e:dea regular Carried. Bertha Eleanor Rohrbac City Clerk