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12/06/19711 185 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CITY HALL, MONDAY, DECEMBER 6, 1971 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines was called to order by City Clerk Rohrbach, in the absence of Mayor Herbert H. Behrel, at 8:03 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, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinge] Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Also present were: City Comptroller Blietz, Police Chief Hintz, Fire Chief Haag, Building Commissioner Prickett, Commissioner of Public Works Schwab, Assistant Commissioner of Public Works Schaefer, City Treasurer Rateike, Deputy Clerk Trost, City Attorney DiLeonardi and his assistant C. Hug. There being a quorum present, the meeting was in order. MAYOR PRO -TEM: Alderman Thomas nominated Alderman Swanson, and Alderman Seitz nominated Alderman Bonaguidi for the office of Mayor Pro -Tem for this evening's meeting. Moved by Michaels, seconded by Sherwood, that nominations be closed. By secret ballot, Alderman Swanson was elected to serve as Mayor -Pro -Tem for this evening's meeting. POLICE CHIEF Police Chief Hintz reported on fourteen narcotic and drug related cases handled by the Police Department during November. FIRE CHIEF Fire Chief Haag reported that the Fire Department is dipping Christmas trees in fire retardant at Station #3 from 2 to 5 P.M. and 7 to 9 P.M. daily. REPORTS OF The following reports were placed on file: Statement of Cash CITY OFFICIALS:Receipts from January to November 30th; Health Department, November; Commissioner of Public Works, November; Building Commissioner's report, November; Engineering Department, November. CITY ATTY. City Attorney DiLeonardi reported that the court has issued decree in favor of the City in the Billy Jo Barr case, copies of which will be distributed to members of City Council when received. He further submitted a memorandum re Home Rule recommending that a special committee be appointed for the implementation of Home Rule powers. ZONING BOARD Following the report of City Attorney DiLeonardi regarding ADMINISTRATIVE a matter called to his attention following the executive REVIEW ACTION session of the City Council held November 23rd, wherein the variation granted by the Zoning Board of Appeals in Case 71-4-V (Variation to permit apartment building in C-2 Commercial District) has expired on August 25, 1971, it was moved by Abrams, seconded by Michaels, to ratify the action taken at said Executive Session authorizing the City Attorney to file "Complaint for Administrative Review" in Zoning Case 71-47-V (Variation to reduce number of parking spaces required in Case 71-4-V) and to further now authorize the City Attorney to dismiss said complaint and express to the Zoning Board of Appeals legal opinion regarding permissable variations. Motion declared Carried. YOUTH The following Jr. City Officials were presented with awards APPRECIATION for essays written entitled "What's Right With Our Nation." AWARDS ESSAY Runners-up - Kim James, Pam Moscinski, and Cheryl Kueker. First Price, Kathy Tyler. MINUTES: Moved by O'Brien, seconded by Czubakowski, to approve the Minutes of the regular meeting held November 15, 1971, as published. Motion declared Carried. COLLECTIVE BARGAINING ORDINANCE 12/6/71 Page two 186 Referred to the City Code and Judiciary Committee was City Attorney's recommendation in memorandum re Home Rule to re-enact ordinance which created the Labor Relations Board and provides for collective bargaining. CMCC LOW & Moved by Sherwood, MODERATE Health and Welfare INCOME HOUSING as follows: PROPOSAL "Your Committee on September 7, 1971, Metropolitan Citizens Committee. seconded by Czubakowski, to concur with Committee's recommendation and reports Health and Welfare had referred to it on a Five Point Proposal made by the Concerned The five points summarized as follows: 1. Establish a new Zoning Classification applicable only to multifamily developments which include low and moderate income units. The zoning divided into two categories, - one category would provide for small developments containing only low and moderate units and the second category would apply to larger mixed income developments which include some market value units. 2. The City should select a number of sites for such developments suitable for low and moderate income families and the sites should be scattered -through-, out the City. 3. The aggregate land area of the sites would constitute a percentage of vacant land in the City. 4. The City should make maximum use of assistance and funding available under Federal and State programs. 5. Participation by citizens throughout the metropolitan area should be actively sought by City officials in implementing the new housing policy. Your Committee on Health and Welfare conducted a Public Hearing on November 11, 1971, at Cumberland school at which time no substantiating facts were presented in support of the proposals in the opinion of your Committee. At the hearing a petition signed by approximately 2,370 Des Plaines residents was presented ,opposing the Five Point Proposal. Your Committee on Health and Welfare therefore recommend that the Five Point Prosal as presented by the CMCC be denied and no further action be token regarding this proposal by the City Council." Motion declared Carried. SPECIAL DES PLAINES HOUSING COMMISSION Moved by Sherwood, seconded by Erbach, to concur with Health and Welfare Committee's recommendation that the Mayor be authorized to appoint a Special Des Plaines Housing Commission comprised of local experts within the fields of building, law, banking, and lay citizens, who are residents of the City of Des Plaines, with the concurance of City Council to study (1) substandard housing in the City of Des Plaines,(2) possible additional sites for Senior Citizens Housing, and (3) an in depth study of possibly establishing a local housing authority - resolution to be drafted by the City Attorney establishing said commission for consideration at the next City Council meeting. Motion declared Carried. Council recessed from 8:40 P.M. to 8:48 P.M. ZONING CASE 71-48-A Historical Landmarks ZONING CASE 71-49-R 2750 Des Plaines Ave. TIMMON's SUBDIVISION Bellaire Ave. Moved by Szabo, seconded by Koplos, to concur with Municipal Development Committee's recommendation to place ordinances relating to the text amendments to Zoning Ordinance of 1960, Case 71-48-A, Historical Landmarks, on First Reading at the next Council meeting. Motion declared Carried. Moved by Szabo, seconded by Sherwood, to concur with Municipal Development Committee's recommendation to concur with Zoning Board of Appeals in Case 71-49-R, 2750 Des Plaines Avenue, and to authorize City Attorney to draft necessary ordinance for further consideration by Council. Motion declared Carried. Moved by Szabo, seconded by Koplos, to concur with Municipal Development Committee's recommendation to approve Plat of Timmon's Subdivision located on Bellaire Avenue and authorize execution thereof. Motion declared Carried. MOEHLING"S CONSOLIDATION PLAT - Lee St. POLICE DEPT. EQUIPMENT RADAR EQUIP. FIRE DEPT. EQUIPMENT Pumping Eng. FIRE DEPT. EQUIPMENT RADIO NEW MUNICIPAL BLDG. - Des Plaines Park Dist. FIRE STATION #1 LIQUOR LICENSE JO'S JO'S RESTAURANT Page Motion to approve Plat located on Lee Street, Committee, deferred at brought to the floor. to table until meeting Carried. 12/6/71 187 three of Moehling's Consolidation Plat, as recommended by Municipal Development last City Council meeting, was Moved by Szabo, seconded by Kehe, of December 20, 1971. Motion declared Moved by Thomas, seconded by Chase, to concur with Police Committee's recommendation to purchase new radar equipment for the Police Department from Kustom Signals, Inc. for a total cost of $1,875.00. Upon roll call, the vote was: AYES: - 16 - :'oplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, NAYS: - 0 - None ABSENT: 1 - Mayor Behrel Motion declared Carried. Moved by Seitz, seconded by Kehe, to concur with Fire Committee's recommendation to award the bid for the 1,250 GPM Triple Combination, Cab Forward, Pumping Engine for the Fire Department to Illinois FWD Truck & Equipment Co., in the amount of $53,822.00. Motion withdrawn to allow time to check with North Maine Fire Protection District re equipment. Moved by Seitz, seconded by Kehe, to concur with Fire Committee's recommendation to purchase a mobile radio for installation in new automobile for the Fire Department from Motorola Communications and Electronics Copporation in the amount of $960.00. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. 0 - None NAYS: ABSENT: 1 - Mayor Behrel Motion declared Carried. Alderman Szabo, Chairman of the Public Buildings, Grounds and Parking Lots Committee read the following letter from Robert E. Kunkel, Director of Parks and Recreation for Des Plaines Park District, dated November 17, 1971: "The Des Plaines Park District Board of Commissioners discussed the feasibility of the park district buying a floor of the city condominium to be constructed in the near future. It was the board's feeling that we are not interested at this time because: (1) the high cost and (2) the fact that we have not been able to get a commitment from the Des Plaines Redevelopment Association on the value of our 748 Pearson building or a time schedule as to their need for our location. The board felt that they would rather pass at this time since your committee would like to move ahead on the project, and our board felt that they needed more time to weigh;:the facts. Good luck on the project, and thank you for your time and information given to the Des Plaines Park District." Alderman Szabo reported on the progress of new Fire Station #1 on River Road, expecting occupancy January 1st. Moved by Bolek, seconded by Koplos, to concur with License and Inspection Committee's recommendation to grant owners of Jo' Jo's Restaurant, Elmhurst Road, a Class F - Beer only - liquor license upon passage of Ordinance to be drafted by City Attorney increasing number of Class F licenses by one. Motion declared Carried. LIQUOR LICENSE Moved by Bolek, seconded by Abrams, to concur with License and Mr. Steak Inspection Committee's recommendation to grant owners of Restaurant Mr. Steak Restaurant, 1145 S. Elm hurst Road, a Class F - Beer Only - liquor license, upon passage of Ordinance to be drafted by City Attorney increasing number of Class licenses by one. Motion declared Carried. 12/6/71 188 Page four PARKING Moved by O'Brien, seconded by Michaels, to concur with Streets CHESTNUT ST. and Traffic Committee's recommendation to post "No Parking between 9 a.m. to 4 p.m., except Saturdays, Sundays, and Holidays," in front of 1984 and 1972 Chestnut Street - City Attorney to draft necessary ordinance. Motion declared Carried. STOP SIGNS FLORIAN & SEYMOUR Moved by O'Brien, seconded by Abrams, to concur with Streets and Traffic Committee's recommendation to authorize three way stop signs at the intersection of Florian and Seymour, City Attorney to draft necessary ordinance. Motion declared Carried. PARKING Moved by O'Brien, seconded by Bolek, to concur with Streets PRAIRIE AVE. and Traffic Committee's recommendation to authorize "No Parking At Any Time" - Alternated Yearly on Prairie Avenue between Second Avenue and Wolf Road - City Attorney to draft necessary ordinance. Motion declared Carried. SPEED LIMIT HOWARD ST. Moved by O'Brien, seconded by Bolek, to concur with Streets and Traffic Committee's recommendation to increase the speed limit on Howard Street from Wolf Road to. Mt. Prospect Road to 35 m.p.h. - City Attorney to draft necessary ordinance. Motion declared Carried. FLASHING Referred to Traffic Commission and Streets and Traffic LIGHTS CORA Committee was Alderman Kehe's request for flashing lights & THACKER or improved marking of stop signs at the intersection of Cora and Thacker Street, particularly after dark. PARKING Referred to the Traffic Commission and Streets and Traffic MASON LANE Committee was Alderman Koplos's request for No Parking on Mason Lane, 100 feet north of Minet Street. 111 GRADE Moved by Erbach, seconded by Czubakowski, to concur with ELEVATIONS Building Control and Inspection Committee's recommendation that no amendment be made to existing ordinances relating to grade elevations and to instruct Building Commissioner to follow Section 38.1 and 38.2 of the Building Code when issuing permit for new buildings. Ig MOBILE SIGNS Moved by Abrams, seconded by Michaels, to concur with City Code and Judiciary Committee's recommendation to authorize the City Attorney to draft an appropriate ordinance to expressly prohibit mobile or free-standing signs. Motion declared Carried. ELECTRICAL Moved by Erbach, seconded by Thomas, to concur with Building CODE Control and Inspection Committee's recommendation that the City of Des Plaines continue to follow Electrical Code requirements as contained in Building Code as well as those relating to Chicago Electrical Code. Motion declared Carried. FENCE Moved by Erbach, seconded by Thomas, to concur with Building 1806 Fargo Control and Inspection Committee's recommendation to authorize Building Commissioner to issue a fence permit to erect a fence at 1806 Fargo Avenue, such fence to enclose the front yard facing Maple Street, but not extending beyound the south building line. Motion declared Carried. Alderman Szabo voted No. LIBRARY & Alderman Chase, Chairman of the Library and Historical Society HISTORICAL Committee reported that the 1972 Library appropriation and SOCIETY tax levy is $383,425.00, the same as 1971, but containing a 5.5 increase for employees salaries. BARBED WIRE FENCE Moved by Abrams, seconded by Koplos, to concur with City Code and Judiciary Committee's recommendation to authorize City Attorney to draft an ordinance with the advice of the Building Commissioner permitting use of barbed wire fences in all commercial and manufacturing zoning districts and prohibited in residential districts, for purposes of security of property, but only pursuant to a Permit of Necessity approved and issued by Building Commissioner, to be referred to Committee prior to being placed on First Reading. Motion declared Carried. 1 1 Page five 12/6/71 189 ORDINANCE Moved by Abrams, seconded by Michaels, to concur with City M-29-71 Code and Judiciary Committee's recommendation to amend Ordi.nancE Amendment M-29-71, Section 2 adding the words "twenty-one years of age or over" following the word citizens. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. NAYS: 0 - None ABSENT: 1 - Mayor Behrel Motion declared Carried. ORDINANCE Moved by Abrams, seconded by Michaels, to concur with City M-30-71 Code and Judiciary Committee's recommendation to amend .OrdinancE Amendment M-30-71, Section 1, by adding "able bodied male" following the first word Any and adding the words "twenty-one years of age or over" following the word Illinois. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erb;ach, Swanson Thomas, Bonaguidi, Seitz, Abrams, Michaels. NAYS: 0 - None ABSENT: 1 - Mayor Behrel Motion declared Carried. BILLS Moved by Bonaguidi, seconded by Sherwood, to adopt the follow - PAYABLE: 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: $119,736.38. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. NAYS: 0 - None ABSENT: 1 - Mayor Behrel Motion declared Carried. ORDINANCE Moved by Abrams, seconded by Michaels to remove from the table M-28-71 the motion to Adopt Ordinance M-28-71 having to do with Sub - Subdivision division regulations. Motion declared Carried. Upon roll Regulations call, the motion to adopt was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. NAYS: 0 - None ABSENT: 1 - Mayor Behrel Motion to adopt declared Carried. RESOLUTION Moved by Thomas, seconded by Abrams, to adopt Resolution R-11-7. R-11-71 Establishing Subdivision Fees. Upon roll call, the vote was: Subdivision AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Fees O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. NAYS: 0 - None ABSENT: 1 - Mayor Behrel Motion to adopt declared Carried. ORDINANCE Moved by Thomas, seconded by Seitz, to adopt Ordinance M-29-71, M-29-71 as amended, having to do with Fire Department Personnel. IFire Dept. Upon roll call, the vote was: Personnel AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. NAYS: 0 - None ABSENT: 1 - Mayor Behrel Motion to adopt declared Carried. ORDINANCE Moved by Seitz, seconded by Thomas, to adopt Ordinance M-30-71 M-30-71 as amended, Amending Section 3-1-1 of the City.Code by Police Dept. Specifically Permitting Persons Residing Outside the City To Personnel Be Eligible to Take Examination for Appointment to Police Department. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. / r rr �. 1 1 ORDINANCE M-30-71 (Cont' d) Page six NAYS: - 0 - None ABSENT: 1 - Mayor Behrel Motion to adopt declared Carried. 12/6/71 190 ORDINANCE Moved by Koplos, seconded by Szabo, to adopt Ordinance M-31-71 M-31-71 Appropriating $154,244.59 of Water Construction Fund Account Water Construc-Surplus. Upon roll call, the vote was: tion Fund AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Surplus O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. NAYS: 0 - None ABSENT: 1 - Mayor Behrel Nbtion declared Carried. ORDINANCE T-23-71 PARKING - LEE STREET ORDINANCE T-24-71 PARKING - BRIAR COURT ORDINANCE T-25-71 PARKING - HAZEL COURT ORDINANCE Z-29-71 1229 Golf RESOLUTION R-13-71 "Perna" Property ORDINANCE M-32-71 DISPOSITION OF BICYCLES Moved by Szabo, seconded by Koplos, to adopt Ordinance T-23-71 Restricting Parking along the East Side of Lee Street between Park Place and Miner Street alley between 7 a.m. and 9 a.m. and 4:30 p.m. and 6 p.m. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. NAYS: ; 0 - None ABSENT: 1 - Mayor Behrel Motion declared Carried. Moved by Sherwood, seconded by Erbach, to adopt Ordinance T-24-71 providing for Alternating Yearly the No Parking Signs on Briar Court Between Ash and Bittersweet. Upon roll call the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. NAYS: 0 - None ABSENT: 1 - Mayor Behrel Motion declared Carried. Moved by Czubakowski, seconded by Erbach, to adopt Ordinance T-25-71 providing for Alternating Yearly the No Parking Signs on Hazel Court Between Ash and Bittersweet. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. NAYS: 0 - None ABSENT: 1 - Mayor Behrel Motion declared Carried. Moved by Erbach, seconded by Koplos, to adopt Ordinance Z-29-71 rezoning property located at 1229 Golf Road to C-2 Commercial District. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. NAYS: 0 - None ABSENT: 1 - Mayor Behrel Motion declared Carried. Resolution R-13-71 and the letter from Attorney Tuttle regarding the acq' tisition of the "Perna" Center Street was referred to the City Code and Committee for report at next meeting. Alderman No. Milton H. property on Judiciary Szabo voted Nbved by Sherwood, seconded by Erbach, to waive First Reading of Ordinance M-32-71 having to do with the Disposition of Bicycles. Moved by Thomas, seconded by Chase, to adopt Ordinance M-32-71. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kele, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. NAYS: 0 - None /� Ve/ ABSENT: 1 Mayor Behrel Motion declared Carried.