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01/03/1972199 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CITY HALL, MONDAY, JANUARY 3, 1972 • 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 8:07 P.M. The meeting opened with prayer by Rev. Bruehl, pastor of the First Methodist Church, followed by the Pledge of Allegiance to the flag. 11 ROLL CALL: 1 1 Roll Call indicated the following aldermen present: Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels. Also present were: City Comptroller Blietz, Police Chief Hintz, Fire Chief Haag, Building Inspector Li. Trost,'., Commissioner of Public Works Schwab, Assistant Commissioner of Public Works Shaffer, City Engineer Bowen, City Treasurer Rateike, and Attorney Charles Hug. There being a quorum present, the meeting was in order. MINUTES: Moved by Swanson, seconded by Kehe, to approve the Minutes of the regular meeting of December 20, 1971, as published. Motion declared Carried. REPORTS OF The following reports were ordered placed on file: Building CITY OFFICIALS:Department, December, 1971; Building Department Annual Report, 1971; Health Department, 1971; Department of Public Works, December; Engineering Department, December; Annual Report, 1971 - Commissioner of Public Works and City Engineer. POLICE CHIEF: Police Chief Hintz reported there were 34 accidents during holiday weekend - seven personal injury cases. He also reported there were 9 narcotic cases during December - eight cases of overdose. FIRE CHIEF: CITY ENG. COMMISSIONER OF PUBLIC WORKS: COMMITTEE REPORTS: Zoning Case 71 -52 -RA ZONING CASE 71-51-R 2449 Railroad NEW MUNICIPAL BUILDING Fire Chief Haag reported that Station #1 will be moving to new quarters on River Road Wednesday, January 5th from 8 a.m. to noon. C±ty Engineer reported that Hecker & Co. is awaiting equipment to install fire pre-empter at new Fire Station #1. He further reported that the contractor plans to install street lights at Lee & Touhy shortly. Commissioner of Public Works Schwab reported on progress of repair of watermain at Thacker and Wolf Road, which broke Saturday, stating that to date the break has not been located. Moved by Swanson, seconded by Erbach, to concur with,Municipal Development Committee's recommendation to concur with Zoning Board of Appeals in Case 71 -52 -RA - property located at south west corner of Lee and Touhy, and authorize City Attorney to prepare the annexation and rezoning ordinances for further consideration by the City Council. Motion declared Carried. Moved by Swanson, seconded by Thomas, to concur with Municipal Development Committee's recommendation to concur with Zoning Board of Appeals recommendation to deny petition to rezone property located at 2449 Railroad Avenue to R-3 District, Case No. 71-51-R. Motion declared Carried. Moved by Szabo, seconded by Koplos, to concur with Public Buildings Grounds and Parking Lots Committee's recommendation to authorize City Attorney to draft "Letter of Intent" to be submitted to Smith & Pipenhagen and Holmes & Fox stating City's intent to participate in the condominium concept for the new municipal building, following approval of City Council at a subsequent meeting. Motion declared/ Carried. /_ 1 NEW MUNICIPAL BUILDING NEW MUNICIPAL BUILDING - Acquisition of Property 1426-28 Miner St. STOP SIGNS Craig & David RECAPTURE AGREEMENT McKay Nealis Chestnut St. 1 WATER METERS Code Amendment RESOLUTION Utility Easement 1/3/72 200 Page two Moved by Michaels, seconded by Czubakowski, to authorize Mayor Behrel to enter into an agreement to determine whether or not it would be profitable for the City to own the proposed condominium building in which will be housed the new municipal building. Upon roll call, the vote was: AYES: - 13 - Koplos, Szabo, Kehe, Sherwood, O'Brien, Kisslinger, Czubakowski, Erbach, Thomas, Seitz, Abrams, Michaels, Mayor. NAYS: 4 - Bolek, Chase, Swanson, Bonaguidi ABSENT: 0 - None There being thirteen affirmative votes, motion declared carried. Moved by Szabo, seconded by Koplos, to authorize the purchase of property located at the commonly known address of 1426-28 Miner Street, from the William L. Kunkle & Co. in the amount of $75,000.00 - City Attorney to complete the necessary legal steps. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None Motion declared Carried. Moved by O'Brien, seconded by Swanson, to concur, with Streets Traffic and Forestry Committee's recommendation to install stop signs - traffic on Craig to stop for traffic on David, City Attorney to draft necessary ordinance. Motion declared Carried. notion to deny request of McKay Nealis for recapture agreement deferred at meeting of December 20, 1971, brought to floor. Alderman Thomas granted permission by Mayor Behrel, withdrew the second of the motion to deny and further his signature from the Committee report. Alderman Abrams then seconded the motion. Following considerable discussion, it was moved by Szabo, seconded by Sherwood to table the motion. Upon roll call, the vote was: AYES: - 6 - Szabo, Kehe, Sherwood, Chase, Swanson, Seitz NAYS: -10 - Koplos, Bolek, O'Brien, Kisslinger, Czubakowski, Erbach, Thomas, Bonaguidi, Abrams, Michaels ABSENT: 0 - None Motion to table declared lost. Upon roll call on motion to deny, the vote was: AYES: - 7 - Koplos, Kisslinger, Czubakowski, Erbach, Seitz, Abrams, Michaels NAYS: 9 - Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Swanson, Thomas, Bonaguidi ABSENT: 0 - None Motion to deny declared lost. Moved by Szabo, seconded by Swanson, to grant request to McKay-Nealis for a recapture agreement in the amount of $1,531.58 to recover costs for installation of water and sewer in the 1700 block of Chestnut Street, and to authorize City Attorney to prepare necessary agreement. Motion declared Carried. Alderman Koplos reported that the Water and Sewer Committee discussed the code amendment relating to water meters, as requested by Building Commissioner and stated that the Committee believes no action should be taken on "Watermain size be carried to first floor, rather than to first opening as now stipulated", and further recommends that the Code Amendment relating to cash bond be referred to the Building Control and Inspection Committee for further study. Moved by Swanson, seconded by Michaels, to adopt Resolution authorizing execution of release of easeml t for utilities and storm sewers in Lot 1 in Lee -Forest Subdivision recorded as Document #21594923. Motion declared Carried. 5/1' 1 BILLS PAYABLE: SIGNS Touhy Ct. Shopping Center 1/3/72 201 Page three Moved by Bonaguidi, 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: $28,478.23. Upon roll call, the vote was AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None Motion to adopt declared Carried. Moved by Erbach, seconded by Thomas, to concur with Building Control and Inspection Committee's recommendation to approve six signs for Touhy Court shopping center, 1934 to 1950 Touhy Avenue, each sign 27.5 sq. ft. in area. Motion declared Carried. SIGN Moved by Erbach, seconded by Thomas, to concur with Building Sun Oil Co. Control and Inspection Committee's recommendation to deny sign 249 N. River permit request of Sun Oil Co. station, 249 N. River Road. Motion declared Carried. SIGN = Des Plaines Trust & Savings ELEVATORS IN BLDGS. TEXT AMENDMENT Variations LIBRARIAN Klitzke Retirement Resolution ORDINANCE M-34-71 Garage, Rummage Sales IGROBMAN VS CITY - Zoning Moved by Erbach, seconded by Thomas, to concur with Building Control and Inspection Committee's recommendation to authorize Building Commission to approve the new sign location of sign for Des Plaines Trust and Savings, Oakton and Lee Streets. Motion declared Carried. Moved by Erbach, seconded by Sherwood, to concur with Building Control and Inspection Committee's recommendation that no action be taken regarding a change in Des Plaines Zoning Ordinance as it pertains to elevator requirements in buildings. Motion declared Carried. Moved by Erbach, seconded by Thomas, to concur with Building Control and Inspection and Municipal Development Committees' recommendation to authorize City Attorney to file petition for text amendment to Des Plaines Zoning Ordinance wherein variations to said ordinance for which petitions have been filed and exceed the jurisdiction of the Zoning Board of Appeals, said variations be heard with recommendations to City Council for final action. Moved by Koplos, seconded by Abrams, to defer action to allow City Attorney to review proposed amendment and submit legal opinion. Moved by Chase, seconded by Czubakowski, to adopt a resolution honoring Mr. Lewis W. Klitzke for his years of service as Librarian, and authorize the preparation of a plaque for presenta- tion at the next regular meeting. Motion declared Carried. Moved by Abrams, seconded by Michaels, to concur with City Code and Judiciary Committee's recommendation to amend Ordinance M-34-71 relating to Garage, Rummage and Similar Sales, by deleting therefrom Section 6-12-2 under Section 1 having to do with Registration and Licensing of Occasional Sales, and renumbering 6-12-3 to 6-12-2 and renumbering 6-12-4 to 6-12-3. Motion declared Carried. Szabo voted No. Moved by Abrams, seconded by Thomas, to concur with City Code and Judiciary Committee's recommendation to authorize the City Attorney to appeal court's decision in the Grobman VS City of Des Plaines case, relating to Zoning Variation. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None Motion declared Carried 591 ORDINANCE Z-20-71 Historical Landmark ORDINANCE Z-21-71 Historical Land lark ORDINANCE Z-22-71 Historical Landmark ORDINANCE Z-2.3-71 Historical Landmark ORDINANCE M-38-71 Transfer of Sums of Money ORDINANCE M-34-71 ORDINANCE M-1-72 ';ORDINANCE M-2-72 Liquor Licenses 1/3/72 Page four 202 Moved by Chase, seconded by Swanson, to adopt Ordinance Z-20-71, a text amendment to Zoning Ordinance of 1960 Amending Section 9E.1 Thereof, That No Variations Shall Be Granted in Any H-1 Historical Landmark District. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None Motion to adopt declared Carried. Moved by Chase, seconded by Erbach, to adopt Ordinance Z-21-71. Amending Section 2A of the Zoning Ordinance of 1960, As Amended, By Including Therein the H-1 Historical Landmark District Classification. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None Motion to adopt declared Carried. Moved by Chase, seconded by Seitz, to adopt Ordinance Z-22-71 Amending the Zoning Ordinan ce of 1960, As Amended, By Adding Thereto a New Section To Be Known as Section 9M, Entitled "Historical Landmarks." Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None Motion to adopt declared Carried. Moved by Chase, seconded by Erbach, to adopt Ordinance Z-23-71 Amending the Zoning Ordinance of 1960, As Amended, By Amending Section 9G.2 Thereof Regarding the Initiation of Amendments By The Des Plaines Historical Landmark Commission. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. 0 - None 0 - None NAYS: ABSENT: Motion to adopt declared Carried. Moved by Kehe, seconded by Sherwood, to adopt Ordinance M-38-71 Providing for the Transfer of Sums of Money Within Departments. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None Motion to adopt declared Carried. Moved by Koplos, seconded by Erbach, to remove .from the table Ordinance M-34-71. Motion declared carried. Moved by Koplos seconded by Abrams, to adopt Ordinance M-34-71, as amended previously at this meeting. Upon roll call, the vote was: AYES: - 16 - Koplos, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 1 - Szabo ABSENT: 0 - None Motion to adopt declared Carried. Placed on First Reading was Ordinance M-1-72 amending Ordinance M-32-71 - Disposition of Unclaimed Bicycles. Placed on First Reading was Ordinance M-2-72 Amending Section Liquor Licenses by Two. 5-34-10 of the City Code By Increasing the Number of Class F ORDINANCE T-1-72 Florian Seymour MFT RESOLUTION Mainten- ance of Streets ORDINANCE T-2-72 Chestnut ORDINANCE T-3-72 Howard ORDINANCE IZ-1-72 2750 Des Plaines 1 1/3/72 203 Page five Moved by Abrams, seconded by Michaels, to waive First Reading of Ordinance T-1-72 Amending Section 10-7-3 of the City Code Having to Do with Stop Streets By Adding Thereto The Intersection of Florian Drive and Seymour Avenue as a Three -Way Stop Intersectio Motion declared Carried. Moved by Abrams, seconded by Michaels, to adopt Ordinance T-1-72. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None Motion to adopt declared C arried. Moved by Sherwood, seconded by Bonaguidi, to adopt Resolution appropriating $200,000.00 MFT Funds for the Maintenance of Streets - 1972 Program. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Ahrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None Motion to adopt declared Carried. Placed on First Reading was Ordinance T-2-72 Amending Section 10-5-5(E) of the City Code Restricting Parking in front of 1984 and 1972 Chestnut Street from 9:00 a.m. to 4:00 p.m., except Saturdays, Sundays and Holidays. Placed on First Reading was Ordinance T-3-72 Amending Section 10-6-16 of the City Code Restricting speed on Howard Street from Wolf Road to Mt. Prospect Road to 35 m.p.h. Placed on First Reading was Ordinance Z-1-72 rezoning property located at 2750 Des Plaines Avenue to C-2 Commercial District. SUBDIVISION The Plat of Raithel's Subdivision located at 2271 and 2275 Raithel's Westview Drive and letter of recommendation from Plan Commission was referred to the Municipal Development Committee for study and report. ORDINANCE Cats LIQUOR LICENSE Seven Continent PARKING Seventh Avenue PARKING Yale Ct. The letter from Mr. Donald C. Worra regarding an ordinance licensing cats was referred to the City Attorney for legal opinion as to whether or not the City may adopt said ordinance,. The letter from Seven Continent Imports Ltd. for wine and beer liquor license to be located at 2520 Dempster Avenue was referred to the License and Inspection Committee for study and report. The letter signed by three residents on Seventh Avenue requesting No Parking on Seventh Avenue, submitted by Alderman Bonaguidi was referred to the Streets, Traffic and Forestry Committee. Alderman Seitz's request for change in parking restrictions on Yale Court to "No Parking from 10 a.m. to 4 p.m., except Saturdays, Sundays and Holidays" was referred to the Streets, Traffic and Forestry Committee. ADJOURNMENT: Moved by Bonaguidi, meeting of the City Council a bourn. Motion declared-:rried ge-0-e•-to-41 Bertha Eleanor Rohrbach, City Clerk APPROVED DAY OF seconded by Sherwood, that the regular ME THIS /O Z1 197 E ERT . BEH L, MAYOR