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06/19/1972MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CITY HALL, MONDAY, JUNE 19, 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 8:10 P.M. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. Also present were: City Comptroller Blietz, Police Chief Hintz, Fire Chief Haag, City Engineer Bowen, Commissioner of Public Works Schwab, Assistant Commissioner of Public Works Schaeffer, Building Commissioner Prickett, City Treasurer Rateike, Deputy Clerk Trost, Environmental Officer Lindahl, and City Attorney DiLeonardi 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. MINUTES: Lt. R. M. Clark FBI National Academy Moved by Kehe, seconded by Sherwood, to approve the Minutes of the regular meeting held June 5, 1972, as published. Alderman Koplos offered the following correction: Page two - paragraph Zoning Case 72-19-R, 1717 Rand Road, adding the following: "Alderman Koplos submitted a petition protesting the rezoning of property located at 1717 Rand Road signed by 20% of the frontage property owners." Following correction, motion declared carried. Following the reading of the letter from United States Department of Justice, Federal Bureau of Investigation re Lieutenant R. M. Clark having been awarded a diploma for successfully completing twelve weeks of study with the 89th Session of the FBI National Academy, it was moved by Bonaguidi, seconded by Erbach, to accept the letter and authorize Mayor Behrel to write letter of commendation. Motion declared carried. REPORTS OF The following reports were ordered placed on file: Civil CITY OFFICIALS: Defense Director; Statement of Cash Receipts thru May 31; Statement of Tax Collections thru May 31, 1972. POLICE CHIEF Fire Chief CITY ENGINEER COOK COUNTY DOCKETS 2125-2126 COMMISSIONER OF PUBLIeWORKS Police Chief Hintz reported that he and Mrs. Hintz attended the graduation session - 89th session of Ahe FBI National Academy. He reported that two subjects/NO5 ERhEinto Des Plaines Auto Parts on June 15th, fired on one of the officers and due to flooding conditions, with the assistance of State, County and Park Ridge Police Departments were unable to apprehend the subjects. Also reported on the traffic fatality connected with accident June 18th on River Road, south of Ellinwood. Fire Chief Haag reported that scuba divers were searching Beck Lake for reported drowned boy and as of 7:30 P.M. he had not been found. City Engineer Bowen reported that the Gas Co. has been moving gas mains in preparation of the widening of Center Street, and further that the sewer work is progressing. City Attorney submitted written memo re Cook County Zoning Dockets 2125 and 2126. Moved by Koplos, seconded by Szabo, to adopt a Resolution protesting rezoning set forth in said dockets, and authorizing and directing City Attorney to prepare the Resolution of Protest. Alderman Koplos submitted Petition, signed by group of surrounding residents, requesting it be included with City's protest. Motion declared carried. Commissioner of Public Works Schwab reported on the general flooding following 4" rainfall last week' and further that the Water Department repaired a 10" watermain break on V" Wolf Road. CITY CLERK COMMITTEE REPO RTS ZoningCase 72-19-R 1717 Rand Rd. ZONING CASE 72-16-V 855 Mt. Prospect Rd. ZONING CASE 72 -13 -RV Walter & First ZONING CASE 72-27-R 1279 Harding ZONING CASE 72 -20 -SU 513 River Rd. ZONING CASE 72-24-R 860 Rand Rd. DRIVEWAYS Fire Station #2 NEW MUNICIPAL BUILDING 6/19/72 372 Page two City Clerk Rohrbach reported that Bids for One Carryall Type Truck and Plastic bags with Stands will be received July 10, 1972, at 3 P.M. She further reported that she appeared before the House of Representatives Elections Committee expressing opposition to Senate Bill 1569, the New Election Code of 1972. Also reported on the communication from Illinois Municipal League re HB 4680, the Tax Freeze Bill, urging City Council members to contact their Senator re their acceptance of League Amendments. Brought to the floor was the motion to adopt Municipal Development Committee's recommendation to deny petition to rezone property located at 1717 Rand Road, Case 72-19-R. Mayor Behrel read the letter from School District 62 Board of Education, after which Alderman Thomas signed the Committee report. Following discussion, motion declared carried. Aldermen Kisslinger, O'Brien, Sherwood, and Michaels uoted No. Moved by Swanson, seconded by Thomas, to adopt the recommenda- tion of Municipal Development Committee to grant variation recited in Zoning Case 72-16-V, property located at 855 Mt. Prospect Road and to authorize City Attorney to prepare ordinance for further consideration. Motion declared carried. Moved by Swanson, seconded by O'Brien, to adopt the recommenda- tion of Municipal Development Committee and Zoning Board of Appeals to deny petition to rezone property located at the southwest corner of Walter and First, Zoning Case 72 -13 -RV. Motion declared carried. Moved by Swanson, seconded by Thomas, to adopt the recommenda- tion of Municipal Development Committee and Zoning Board to rezone property located at 1279 Harding Avenue to R-5 District, and to authorize City Attorney to prepare map amendment for further consideration by the City Council. Motion declared carried. Moved by Swanson, seconded by Kisslinger, to adopt the recom- mendation of Municipal Development Committee and Zoning Board of Appeals to grant Special Use of property located at 513 River Road as a car wash - Case 72 -20 -SU, and to authorize City Attorney to prepare ordinance for further consideration by the City Council. Motion declared carried. Moved by Swanson, seconded by Koplos, to adopt the recommenda- tion of Municipal Development Committee and Zoning Board of Appeals to rezone property located at 860 Rand Road to C-2 District, and to authorize City Attorney to prepare ordinance for further consideration by City Council - Case 72-24-R. Motion declared carried. Moved by Szabo, seconded by O'Brien, to adopt the recommenda- tion of Public Buildings Grounds and Parking Lots to award the contra ct for replacement of certain driveway areas at Fire Station #2, 1313 Oakton Street, to "K" Konkrete, in the amount of $995.00. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Er}ach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 1 - Czubakowski Motion declared carried. Moved by Szabo, seconded by Swanson, to adopt the recommenda- tion of Public Buildings, Grounds and Parking Lots Committee to authorize Holmes & Fox to continue with plans and specifications for the New Municipal Building with the advice of Mayor and said Committee along the lines outlined at the Committee meeting. Motion declared carried. SHERWIN & BIRCHWOOD PARKING Cedar St. BRENTWOOD DULLES DARA JAMES BICYCLE SAFETY SIGN Deerview Dev. 1925 E. Oakton St. SIGN Mc Donald's Restaurant 725 Golf Rd. LIBRARY TAX RATE ORDINANCE Cats r 6/19/72 373 Page three Moved by O'Brien, seconded by Sherwood, to adopt the recommendation of Streets, Traffic and Forestry Committee to post No Parking Signs on the south side of Sherwin and Birchwood from Maple to Frontage Road; stop signs on Sherwin at Maple and on Sherwin at Frontage Rd; stop signs on Birchwood at Maple and on Birchwood at Frontage Road, City Attorney to draft necessary ordinance. Motion declared carried. Moved by O'Brien, seconded by Thomas, to adopt the recommenda- tion of Streets, Traffic and Forestry Committee to post No Parking At Any Time signs on the west side of Cedar Street, from Touhy Avenue to 100 feet north of the commercial property and to post 6,000 lb. load limit signs on Cedar Street, in the first block north of Touhy Avenue, City Attorney to draft necessary ordinance. Motion declared carried. Moved by O'Brien, seconded by Abrams, to adopt the recommenda- tion of Streets, Traffic and Forestry Committee for a three-way stop intersection at Brentwood Drive, Dulles Drive and Dara James Road., City Attorney to draft necessary ordinance. Motion declared carried. Moved by O'Brien, seconded by Bolek, to adopt the recommenda- tion of Streets, Traffic and Forestry Committee to authorize the purchase of instructional aids to begin a bicycle safety program as outlined by Police Department, at a cost of $500. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Czubakowski Motion declared carried. Moved by Erbach, seconded by Sherwood, to adopt the recommenda- tion of Building Control ,and Inspection Committee to deny request of Deerview Development Co. for temporary sign to be located at 1925 E. Oakton Street and to authorize Building Commissioner to notify property owner in writing to immediately remove the illegal sign installed without permit. Motion declared carried. Moved by Erbach, seconded by Thomas, to adopt the recommenda- tion of Building Control and Inspection Committee to approve sign, 271/2' high, 100 sq. feet on each sign, requested by McDonald's Restaurant at 725 Golf Road. Motion declared lost. Moved by Chase, seconded by ERbach, to adopt the recommenda- tion of Library and Historical Society and Finance Committee to authorize an amendment to Section 1-16-13 of the City Code having to do with the library tax rate so as to establish the maximum rate at .20 per cent of the assessed value of all taxable property within the City. Following discussion and statements from Library Board Chairman Paul Batdorf, moved by Bolek, seconded by O'Brien to defer action. Moved by Abrams, seconded by Kehe, to adopt the recommenda- tion of City Code and Judiciary Committee to authorize the City Attorney to draft ordinance for further consideration by the Committee, declaring cats running at large so as to disturb other persons or property owned by others to be a nuisance. Moved by Thomas, seconded by Kisslinger, to amend recommendation to include a requirement that cats be required to have rabies shots. Moved by Szabo, seconded by Bonaguidi, to table the matter for further study. Motion declared carried. Aldermen Kehe, Abrams, Michaels, and Thomas voted No. HORSES, GOATS, PIGS,ETC. ADV. FOR BIDS Automobile Mayor BILLS PAYABLE ORDINANCE A-3-72 Commonwealth Edison Rand Rd., north of ORDINANCE T-16-72 Eisenhower Pratt ORDINANCE T-18-72 Parking Prairie Ave. ORDINANCE M-26-72 Police Uni form Allowance 6/19/72 374 Page four Alderman Koplos's request that animals such as horses, goats, pigs, etc. be prohibited in the City was referred to City Code and Judiciary Committee. Moved by Bonaguidi, seconded by O'Brien, to adopt the recommendation of Finance Committee to authorize City Clerk to advertise for bids for new automobile for Mayor Behrel, and if automobile is available for trade-in to include in specifications. Motion declared carried. 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: Total, $324,547.89. Alderman Szabo requested that #3398 be held until Building Department determines that storm drainage problem at building site has been rectified. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Czubakowski Motion declared carried. Moved by Michaels, seconded by A-3-72 annexing lands owned by lying north of Rand Road along Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, ERbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Czubakowski Motion declared carried. Koplos, to adopt Ordinance Commonwealth Edison Co., Soo Line RR right of way. Moved by Swanson, seconded by ERbach, to adopt Ordinance T-16-72 providing for traffic on Eisenhower to yield to Traffic on Pratt Avenue. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, ERbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Czubakowski Motion declared carried. Moved by O'Brien, seconded by Bolek to adopt Ordinance T-18-72 providing for Alternate Parking on Prairie Avenue from Second Avenue to Wolf Road. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Czubakowski Motion declared carried. Moved by Koplos, seconded by Seitz, to adopt Ordinance M-26-72 providing for the Uniform Allowance to Police Depart- ment Personnel to be $200 excepting First Year Personnel. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Czubakowski Motion declared carried. heA 1 ORDINANCE M-27-72 Setback Requirements Subdivisions ORDINANCE M-28-72 Bid Opening Procedures ORDINANCE M-29-72 Class E Liquor Licenses IORDINANCE M-30-72 Barbed Wire ORDINANCE M-31-72 Fences ORDINANCE M-31-72 Fences ORDINANCES M-32-72 M-33-72 6/19/72 375 Page five Moved by ERbach, seconded by Kehe to adopt Ordinance M-27-72 having to do with setbach requirements within Subdivision Regulations. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Czubakowski Motion declared carried. Moved by Koplos, seconded by Abrams, to adopt Ordinance M-28-72 having to do with Bid Opening Procedures. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Czubakowski Motion declared carried. Moved by Bolek, seconded by Sherwood, to adopt Ordinance M-29-72 Amending Section 5-24-8 of the City Code having to do with Restaurant and Dining Room (Class E) Liquor Licenses by Reducing the Minimum Number of Seats from Seventy -Five (75) to Fifty (50) and Deleting the One Year Requirement. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Czubakowski Motion declared carried. Moved by Erbach, seconded by Sherwood, to adopt Ordinance M-30-72 Amending Ordinance M-4-72 Which Ordinance Amends Section 6-7-1 of the City Code Having to Do With Partition Fences and Barbed Wire. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Ke!ie, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Czubakowski Motion declared carried. Moved by Erbach, seconded by Thomas, to adopt Ordinance M-31-72, Amending Section 6-7-1 of the City Code Having to Do with Partition Fences on Corner Lots. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Czubakowski Motion declared carried Moved by Koplos, seconded by Szabo, to reconsider Ordinance M-31-72. Motion declared carried. Moved by Szabo, seconded by Erbach to amend Ordinance M-31-72, deleting the words "double frontage" in paragraph two Section 1. Motion declared carried. Moved by Szabo, seconded by Erbach to adopt Ordinance M-31-72 as amended. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Czhba:'aowski Motion declared carried. Ordinances M-32-72 and M-33-72 held on First Reading awaiting contracts with Fire Group and Labor and Trades Group ORDINANCES M-25-72 B-1-72 LIQUOR LIC. Brat Haus Ltd LIQUOR LIC. Terranova GAMB INA Carry -out business MFT RESOLUTION Sec. 99 TL -CS Traffic Signals Algonquin Adv. for Bids Sec. 99 TL -CS UTECHT's Subdivision Westview Dr. STENLUND's Subdivision ZONING CASE 72-29-V 13 S.Mt.Pros. ZONING CASE 72-31-R 1221-1311 Rand Rd. MORRISON's Subdivision Unit #1 NOISE ORD. Amendment ETHICS BILL JULY 4th Parade 6/19/72 Page six 376 Ordinances M-25-72 and B-1-72 held on First Reading awaiting recommendation of Committees. The letter from attorney for Brat Haus Int. Ltd. renewing request for Class A liquor license was referred to License Committee. The letter from Thomas Terranova requesting a change from Class E to Class A liquor license was referred to License and Inspection gommittee. The letter from Anthony Gambina requesting license to operate a hot dog carry -out business on the Enco Gas Station premises was referred to Mayor Behrel and City Attorney for reply. Moved by Abrams, seconded by Michaels to adopt MFT Resolution appropriating $35,000 MFT Funds for the construction of traffic signals at the intersection of Algonquin Road, Janice Ave. and Seymour Avenue. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, O'Brien, Kisslinger, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor None Czubakowski declared carried. NAYS: 0 - ABSENT: 1 - Motion Moved by Abrams, seconded by Kehe, to waive requirements of Ordinance M-28-72, and to authorize City Clerk to adver- tise for bids for installation of traffic signals - Section 99 TL CS, at the intersection of Algonquin Road, Janice Avenue and Seymour Avenue as soon as plans are completed and State of Illinois approval is received. Motion declared carried. The Plat of Utecht's Subdivision, Westview Drive, was referred to the Plan Commission to be held until Zoning Hearing has been held and recommendations received. Plat of Stenlund's Subdivision, Plainfield Drive, not approved by Plan Commission was referred to Municipal Development Committee. The letter from Zoning Board of Appeals re Case 72-29-V property located at 13 S. Mt. Prospect Road was referred to the Municipal Development Committee. The letter from Zoning Board of Appeals re Case 72-31-R, property located at 1221-1311 Rand Road was referred to Municipal Development Committee and City Attorney for preparation of legal notice of hearing on Annexation Agreement. Plat of Morrison's Subdivision Unit #1, located on Plainfield Drive was referred to the Plan Commission. Alderman Kehe's letter requesting an amendment to Noise Ordinance relating to Use of Equipment on Sundays and Holidays was referred to City Code and Judiciary Committee. Mayor Behrel submitted copy of recent release from the Illinois Municipal League concerning the Ethics Bill, announcing forms for filing are available in office of City Clerk Mayor Behrel announced that kick-off time for the annual July 4th Parade will be 12 noon and requested participation of City Council members - Theme, Americanism. efr 1 1 1 6/19/72 Page seven APPOINTMENTS Moved by Bonaguidi, seconded by Koplos, to concur with Library Bd. Mayor Behrel's reappointment of Mrs. Savena Gorsline, Mr. Daniel Morova, and Mr. Austin Rohrman to the Library Board, terms to expire June 30, 1975. Motion declared carried. Des Plaines Moved by Szabo, seconded by Sherwood, to include Mr. Housing James Botte-:on the list of candidates considered for Commission appointment to the Des Plaines Housing Commission. Motion declared carried. WHITE & Referred to the Traffic Commission was Alderman Sherwood's ASHLAND request for stop signs - traffic on White Street to stop for traffic on Ashland Ave. 377 BICYCLE Ciuief Hintz reported that $811 was received from the auction AUCTION of abandoned bicycles and two small boats. ADJOURNMENT: Moved by Sherwood, seconded by O'Brien, that the regular meeting of the City Council adjourn. Motion dlared carried. APPROVED B'Y\ ME THIS DAY OF A. 4 A. , 19 72 v - :arERT H . BE OR Bertha Eleanor Rohrba'ch, City Cl rk