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10/19/1971166 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CITY HALL, TUESDAY, OCTOBER 19, 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. Behrei at 8:03 PM. The meeting opened with prayer by City Clerk Rohrbach, follwed by the Pledge of Allegiance to the flag„ ROLL CALL: Roll Call indicated the following Ald'rmen present: Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams. Absent were Sherwood, Czubakowski, Michaels. Also present were: City Comptroller Blietz, Police Chief Hintz, Deputy Fire Chief Cory, Building Inspector Trost, City Engineer Bowen, Commissioner of Public Works Schwab, Assistant Commissioner of Public Works Schaefer, Deputy Clerk Trost, City Attorney DiLeonardi and his assistant Attorney Hug. There being a quorum present, the meeting was in order. MINUTES: Moved by Kehe, seconded by Swanson, to approve the Minutes of the regular meeting of October 4, 1971, as published. Motion declared carried. REPORTS OF The following reports were ordered placed on file: CITY OFFICIALS: Statement of Cash Receipts January to September 30, 1971; Engineering Department Monthly Report; Department of Police Third Quarter Report; Des Plaines Fire Department Third Quarter Report. City City Comptroller stated that Voucher No.478 on the Register Comptroller of Bills should show $105.30. He further reported that Voucher No.531 payable to the Firemen 's Pension Fund in the amount of $1,169.60 represents .005% from July 1, 1971 to October 1, 1971, which complies with a recent bill passed by the Legislature. Police Police Chief Hintz explained the Third Quarter Report, Chief in that due to new requirements for state reporting, certain disorderly conduct cases fall in the category of miscellaneous. Sale of Moved by Seitz, seconded by Erbach, to authorize the City Abandoned Attorney to draft the necessary ordinance shortening Bicycles the time process for the sale of abandoned bicycles. Motion'declared Carried. City Engineer City Engineer Bowen reported that H & H Electric has placed the street bases for the Oakton Street Lighting, and further that sod will be placed in the parkway at Oakton & Lee Street adjoining the K -Mart property. He further reported that the curb work along Prairie Avenue is being torn out and that the River Street Improvement has been started. Alderman Michaels arrived at this time. City City Attorney DiLeonardi reported on the progress of the Attorney North Maine Fire Protection Suit. He further reported that he is preparing a written memorandum regarding Home Rule provisions of the new Constitution of the State of Illinois. He reported that the Appellate Court held in favor of the City in the Petersen Case with the provision that a position be offered Mr. Petersen within the Fire Department. (continued) REPORTS OF COMMITTEES: Plat of Grant Central Roaad FIRE EQUIPMENT Pumper PARKING REVENUE BOND ISSUE page two 167 Moved by.Swanson, seconded by Hinde, to authorize execution of Plat of Grant from Commonwealth Edison Company for a portion of land lying on the north side of Central Road. Motion declared Carried. Moved by Seitz, seconded by Kehe, to concur in Fire Committee's recommendation to advertise for bids re- turnable November 22nd at 3 PM for a Pumper for the Fire Department. Motion declared Carried. Moved by Szabo, seconded by Koplos, to concur'. with Public Building and Grounds and Parking Lots Committee' recommendation to authorize Benjamin & Lang, Lochner, Inc. and City Attorney to proceed with the necessary steps prior to the proposed new Parking System Revenue Bond issue. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Keye, 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. Council recessed from 8:38 PM to 8:42 PM Alderman Bolek left the Council room at this time. MFT SECTION 94 -TL -CS Traffic Pre-Empter SIGN: Howard Johnsons FENCE PERMIT 2720. Maple Moved by Szabo, seconded by Koplos, to concur with Streets, Traffic and Forestry and Public Building and Grounds and Parking Lots Committees' recommenda- tion to award the bid for MFT Section 94 -TL -CS, the Traffic Pre-Empter to serve the new fire station #1, to Hecker & Company in the amount of $9,580.00. Upon roll call, the vote was: AYES: - 14 - Koplos, Szabo, Keye, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, 'Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: - 0 - None ABSENT: 3 - Sherwood, Bolek, Czubakowski There being fourteen affirmative votes, Motion declared Carried. Moved by Bonaguidi, seconded by Hinde, to concur with Building Control and Inspection Committee's recommendation to deny request of Howard Johnson for an over -sized sign twenty-six feet in height'. Motion declared Carried. Moved by Bonaguid, seconded by Erbach, to concur with Building Control and Inspection Committee's recommendation to issue fence permit at 2720 Maple Street, to allow fence to extend 20 feet beyond the building line. Motion declared Carried. Alderman Bolek returned to the Council room at this time. TEXT AMENDMENT R-5 District Floor Area Moved by Bonaguidi, seconded by Szabo, to concur with Building Control and Inspection Committee's recommendation to engage Rolf Campbell & Associates to assist the City Attorney and Building Commissioner in developing a text amendment to the R-5 Zoning District having to do with floor area ratio bonus for height, at a cost not to exceed $1500.00. 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 (continued) HISTORICAL.. SOCIETY MUSEUM BLDG. FUND YOUTH APPRECIATION WEEK MSD Sewage Treatment Plant LEGAL OPINLON Mobile Signs PERSONNEL Summer Help Hiring Practices 168 page three The notion 'toE'concur with Library and Historical Society Committee's recommendation to transfer $2,000. from the General Fund to the Des Plaines Historical Society Special Museum Building Fund, deferred at the last meeting, was brought to the floor. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Keye, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Micahels, Mayor. NAYS: - 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fifteen affirmative votes, Motion declared Carried. Alderman Kehe, Chairman of the Youth Activity Committee, announced the schedule of activities for Youth Apprecia- tion Week: November.6, - 9 A.M. - Swearing in Ceremonies, tour of Fire Department, Police Department, and Water Plants; November 10th, - tour of Chicago filtration Plant and Fire Academy; November 12th, - trip to Springfield, Illinois; November 15th - City Council meeting. Moved by Abrams, seconded by Michaels, to authorize the City Attorney to seek intervention prior to the issuance of the permit by the Illinois Environmental Protection Agency to Metropolitan Sanitary District of Greater Chicago, dealing with the construction and operation of a sewage treatment plant on the Oakton Street property. Upon roll call, the vote was: AYES: - 13 - Koplos, Szabo, Kehe, Bolek, O'Brien, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor Chase, Hinde Sherwood, Czubakowski thirteen affirmative votes, Motion declared NAYS: 2 - ABSENT: 2 - There being Carried. Alderman Abrams, Chairman of City Code and Judiciary Committee, requested a written legal opinion from the City Attorney having to do with permitting mobile signs under our existing ordinances. Alderman Abrams' request for investigation of the City's hiring practices of summer part-time personnel was referred to Health and Welfare and City Code and Judiciary Committees j-ointly for study and report. Council recessed from 9:23 to 9:28 P.M. LANDSCAPING Jefferson - Pearson Office Bldg. BILLS PAYABLE: Moved by Szabo, seconded by Hinde, to concur with Beautification Committee's recommendation to grant Wm. L. Kunkel & Company permission to landscape the Jefferson -Pearson Office Building per plans submitted for planter boxes and decorative sidewalks, restrict- ing the height to 24"., Moved by Bolek, seconded by Chase, to defer action until next meeting. Moved by Hinde, seconded by Erbach, to adopt the follow- ing 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: $347,225.04. 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 /J declared Carried. 7 //(. (continued) page four 169 GARAGE SALES • Moved by Bolek, seconded by Bonaguidi, to concur with License and Inspection Committee's recommendation to authorize City Attorney to draft necessary ordinance requiring a registration fee of $2 to allow garage sales and limiting same to a 72 -hour period once per year, displaying permit in front window. Motion declared Carried. Alderman Thomas voted "no". TAXICAB LICENSE Moved by Bolek, seconded by Bonaguidi, to concur with License and Inspection Committee's recommendation to deny request of Mr. H. Picchiotti for vacant taxicab license. Motion declared Carried. LIQUOR LICENSE Moved by Bolek, seconded by Szabo, to concur with Brat Haus, Int. License and Inspection Committee's recommendation to deny liquor license request of Brat Haus Inter- national, Inc. for restaurant to be located on River Road. Motion declared Carried. Alderman Thomas volted "no". LIQUOR LICENSES CLASS "A" ORDINANCE T-21-71 Parking Bennett Place ORDINANCE T-22-71 Orchard St. Yield to Forest Ave. ORDINANCE M-26-71 Flood Plains ORDINANCE Z-25-71- 16 S. River Moved by Bolek, seconded by Michaels, to authorize the City Attorney to draft the necessary ordinance reducing the number of Class A liquor licenses by one. Motion declared Carried. Moved by Swanson, seconded by O'Brien, to adopt Ordinance T-21-71 Amending Section 10-5-17 of the City Code by Alternating Yearly The No Parking Signs on Bennett Place. 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 Kehe, to adopt Ordinance T-22-71 Amending Section 10-7-4 of the City Code Re- quiring Orchard Street Traffic to Yield to Traffic on Forest Avenue. 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 Szabo, seconded by Abrams, to adopt Ordinance M-26-71 Entitled "An Ordinance Having to Do with Build- ing and Structures Within Flood Plaines" As Chapter 14 of Title IX of.the City Code. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Hinde, Erbach, Seitz, Abrams, NAYS: - 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fifteen affirmative votes, Motion declared Carried. Kehe, Bolek, Chase, O'Brien, Swanson, Thomas, Bonaguidi, Michaels, Mayor. Moved by Szabo, seconded by Koplos, to adopt Ordinance Z-25-71 rezoning property located at 16 S. River Road to C-2 Commercial District. 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. (continued) ORDINANCE M-27-71 Water Const. Fund Surplus ORDINANCE Z-26-71 988 Des Plaines Ave. ORDINANCE Z-27-71 974 Des Plaines ORDINANCE M-28-71 Subdivision VACATION OF ALLEY - South of State St. McKAY-NEAL1S 7th ADDITION SUBDIVISION KALBERG'S SUBDIVISION ZONING CASE 71-34-R 1229 Golf Rd. LIQUOR LICENSE Skyway Enter- prises, Inc. APPOINTMENT DAMP COMMISSION page five 170 Moved by Hinde, seconded by Koplos, to adopt Ordinance M-27-71 Appropriating $6,550.00 of Water Construction Account Surplus. 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. Placed on First Reading was Ordinance Z-26-71 rezoning property located at 988 Des Plaines Avenue to R-5 Central Core District. Placed on First Reading was Ordinance Z-27-71 rezoning property located at 974 Des Plaines Avenue to R-5 Central Core Multiple Family District. Placed on First Reading was Ordinance M-28-71 Amending Chapter 12 of Title IX of the City Code having to do with Subdivision Regulations. Referred to Building Control and Inspection and City Code and Judiciary Committees. Moved by Bonaguidi, seconded by Seitz, to deny request of American Foundrymen's Society to vacate alley lying south of State Street between Wolf Road and Northwest Highway. Motion declared Carried. The Plat of McKay-Nealis 7th Addition Subdivision and letter from Plan Commission was referred to the Muni- cipal Development Committeefor study and report. The Plat of Kalberg's Resubdivision and letter from Plan Commission was referred to the Municipal Devel- opment Committee for study and report. The recommendations of Des Plaines Zoning Board of Appeals in Case 71-34-R was referred to the Municipal Development Committee for study and report. The request of Skyway Enterprises, Inc. for a liquor license for restaurant cocktail lounge to be located 200 feet south of Oakton Street on the east side of River Road was referred to the License and Inspection Committee for study and report. Mayor Behrel read the following letter of appointment: "I hereby appoint Mr. Arthur Marow to the Des Plaines Arlington Heights, Mt.Prospect, and Palatine Water Commission, as the member representing the City of Des Plaines." Moved by Bonaguidi, seconded by Hinde, to concur with Mayor Behrel's appointment aforementioned. Upon roll call, the vote was: AYES:- 15 - Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Hinde, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. RAYS: - 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fifteen affirmative votes, Motion declared Carried. (continued) page six 171 FIREMEN'S Moved by Hinde, seconded by Kehe, to concur with Finance PENSION FUND Committee's recommendation to reimburse the Firemen's Reimbursement Pension Fund for legal fees in the amount of $567.00 in. connection with a recent suit filed by the City in the Jean Hanson case. 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. WELL'S The Plat of Wells Subdivision was referred to the SUBDIVISION Plan Commission. PETITION FOR The Petition for Annexation of certain lands on the ANNEXATION south side of Higgins Road, submitted by Edmor Leasing Higgins Rd. & Enterprises, Inc. was referred to the Municipal Development Committee. DES PLAINES Moved by Chase, seconded by Michaels, to concur with STEERING Mayor Behrel's appointment of Mr. Wayne Quilico, 1520 COMMITTEE Van Buren Street to the Des Plaines Steering Committee involved with flooding problems on the various creeks in the Des Plaines area. Motion declared Carried. RESIGNATION Moved by Michaels, seconded by Seitz, to regretfully ALDERMAN and reluctantly accept the resignation of Mr. Robert HINDE Hinde, Alderman of the, Fourth Ward, to become effective immediately. Motion declared Carried. HOSPITAL Moved by Bolek, seconded by O'Brien, that the City INSURANCE carry Mr. Robert Hinde and family on the Blue Cross - R. Hinde Blue Shield Hospital Insurance plan for a period of three months. Upon roll call, the vote was: AYES: - 14 - Koplos, Szabo, Kehe, Bolek, Chase, O'Brien, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: - 0 - None ABSENT: 2 - Sherwood, Czubakowski There being fourteen affirmative votes, Motion declared Carried. PETITION Alderman Bolek submitted a petition with 88 signatures U.S.Post opposing the location of the proposed new U. S. Post Office Office on Oakton Street, requesting copies be mailed to certain legislators and Postmaster General. Moved by Bolek, seconded by Chase, that said copies be so forwarded. Motion declared Carried. PARKING Moved by Seitz, seconded by Bonaguidi, to authorize Eighth the City Attorney to draft the necessary ordinance to Avenue repeal the No Parking on Eighth Avenue from Golf and Stone Streets and further referred to the Streets and Traffic Committee. Motion declared Carried. ADJOURNMENT: Moved by Swanson, seconded by Kehe, that the regular meeting of the City. Council adjourn. Motion declared Carried. APPROVED ]3Y ME THIS 0o.? DAY OF -r..V A.D. , 1971 . BEHREL, MAYOR Bertha Eleanor Rohr•.ch,.Cit' lerk