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09/05/1972405. 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 5, 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, Kisslinger, Hinde, Czubakbwski, Erbach, Thomas, Bonaguidi, Seitz, Abrams, Michaels. Absent was Alderman Swanson Also present were: City Comptroller Blietz, City Engineer Bowen, Police Chief Hintz, Fire Chief Haag,s- , it mmissioner Prickett, Ass:bstant Commissioner of Public Works y Planner Richardson, Environmental Control Officer Lindahl, itar, an Martin, and City Attorney DiLeonardi The meeting opened with prayer by Rev. Mark Bergman, pastor of Trinity Lutheran Church, followed by the Pledge of Allegiance to the flag. MINUTES: Moved by Kehe, seconded by Erbach, to approve the Minutes of the regular meeting held August 21, 1972, as published. Motion declared carried. REPORTS OF The following reports were ordered placed on file: CITY OFFICIALS:Engineering Department, August; Health Department, August; Public Works Department, August; Building Department, August. EMPLOYEE PHYSICAL EXAMINATIONS MAINTENANCE Public Works Building MUNICIPAL BUILDING Maintenance Police Chief Fire Chief City Engineer LEGAL Building Violation 1285 Washington The proposal from Holy Family Hospital for physical examin- ations for pre-employment and annual physicals of employees of the City of Des Plaines was referred to the Finance Committee The proposal from Tapper's Central Heating Co. for Maintenance of Heating and Air -Conditioning at the Public Works Building was referred to Public Buildings, Grounds and Parking Lots Committee The proposal for a Protection Maintenance Agreement for Municipal Building was referred to Public Buildings, Grounds and Parking Lots Committee. Police Chief Hintz reported that the Police Department handled six cases drug related during August, five overdose, persons ranging in age from 17 years to 31 years old. Further that the Department apprehended several persons clearing up a number of burglary cases. Fire Chief Haag reported that the Department responded to fire call at 950 Beau Drive, Sept. 4th - damage estimated at $15,000 to the building and $3,000 to the contents. He also reported that the Fire Department will begin next week to flush fire hydrants, and during August the Fire Department answered the largest number of calls in history, 154 of which were ambulance calls. City Engineer Bowen reported that he has been in contact with the contractor re Dempster Thacker Street improvement, urging completion of the project as soon as possible. Further reported that the specificati4ms for Woodland Avenue watermain will be completed in the next several: weeks. Following /eport of City Attorney DiLeonardi relating to violation of building and zoning codes at 1285 Washington Street, it was moved by Szabo, seconded by Koplos, to authorize and direct City Attorney to prepare the necessary proceedings and file suit against owner of property afore- mentioned. Upon roll call, the vote was: AYES: 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT:• - 1 Swanson //z;ci{ Motion declared carried. METROPOLITAN SANITARY DIST. VS DEPT. OF TRANS STATE OF ILL., et. al ZONING CODE VIOLATION N. E. Corner Miner & River BD. TRUSTEES FIREMEN'S PENSION FUND Hearing Robt. Schaffer Commissioner Public Works Flooding Problems REPORTS OF COMMITTEES Zoning Case 72-45-R Miner St. ZONING CASE 382 Potter ZONING CASE 72-41-R S.W. Cor. Suffield & Potter 9/5/72 Page two 406 Moved by Koplos, seconded by Hinde, to authorize and direct City Attorney to file an appearance in behalf of the City in legal suit filed and served upon the City August 28, 1972, .re Lake Michigan water - Metropolitan Sanitary District VS Department of Transportation of the State of Illinois, et. al. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor 0 - None 1 - Swanson NAYS: ABSENT: Motion declared carried. Moved by Sherwood, seconded by Kisslinger, to retain City Attorney DiLeonardi to file necessary suit against property owner Dooley and occupants of building located at the Northeast corner of Miner Street and River Road, to enforce Zoning Ordinance of 1960, as amended. Upon roll call, the vote was: AYES: - 15 NAYS: 1 ABSENT: 1 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Thomas, Bonaguidi, Seitz, Abrams, Michaels. - Mayor Behrel - Swanson Motion declared carried. City Attorney DiLeonardi reported that he attended the hearing in behalf of the City before the Board of Trustees of the Firemen's Pension Fund for the Application for Disability Pension submitted by Fireman Robert Schaffer, and that a decision will be reached by the Board at meeting to be held September 13th at Fire Station #1. Assistant Commissioner of Public Works Schaeffer reported that the Department of Public Works answered calls re flooding problems beginning at 10:30 P.M. August 25th, from heavy rainfall and further that a conference was held with City Engineer Bowen August 28th re installation of additional storm drainage sewers and lift stations in the City. Stated that the costs from August 28 thru 31st were $9,079.41. Considerable discussion followed and referred to Water and Sewer Committee was the consideration of the following: 1. Study of area west of Mt. Prospect Road re flooding 2. Finalize report on retention of storm waters at Algonquin and Oakton 3. Authorize City Engineer to make complete survey of the City to pinpoint the serious flooding areas. Alderman Abrams submitted petition signed by 8th ward residents Moved by Szabo, seconded by Bolek, to adopt the recommendation of Municipal Development Committee to grant request for rezoning of property located at 1386-96 Miner St. from R-5 to C-4 and authorize City Attorney to prepare necessary ordinance for further consideration by City Council. Motion declared carried. Moved by Szabo, seconded by Koplos, to adopt the recommendation of Municipal Development Committee to deny petition to rezone property - Zoning Case 72-40-R - 382 Potter Road. Motion declared carried. Moved by Szabo, seconded by Koplos, to adopt the recommendation of Municipal Development to deny petition to rezone property located at S. W. Corner of Suffield and Potter, Case No. 72-41-R. Motion declared carried. 1 1 COAGULANT AID 9/5/72 Page three 407 Moved by Koplos, seconded by Thomas, to adopt the recommenda- tion of Water, Sewer and Finance Committees to reject the bid from Allstate Chemical Co. for Coagulant Aid and readvertise for bids returnable September 20, 1972. Motion declared carried. WATERMAIN Moved by Koplos, seconded by Thomas, to adopt the recommenda- CONTRACT #@ tion of Water and Sewer Committee to advertise for bids returnable September 20, for Watermain Improvements 1972 Contract II. Motion declared carried. MFT Section Moved by Hinde, seconded by Seitz, to adopt the recommendation 98 -TL -CS of Streets, Traffic and Forestry Committee to award the Traffic contract for the installation of traffic signals at the Signals intersection of Touhy and Wolf Roads, Section 98 -TL -CS MFT. Touhy & to Hecker & Co., 125 Armstrong Road, for the amount of Wolf $15,833.60. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 1 - Swanson Motion declared carried. GRACELAND- Moved by Hinde, seconded by Koplos, to adopt the recommenda- JEFFERSON tion of Streets, Traffic and Forestry Committee to Intersection authorize City Engineer to draw preliminary plans and estimate of cost to redesign the island size and angle as well as the moving of electrical equipment to City property at the intersection of Graceland Avenue and Jefferson Street. Motion declared carried. TREE Moved by Hinde,seconded by Koplos, to adopt the recommendation REMOVAL of Streets, Traffic and Forestry Committee to authorize Contract City Attorney to exercise the provisions of Performance Bond in connection with request of Central Landscaping Co. to increase amount of contract due to costs increased at burning site for Tree Removal. Motion declared carried. Aldermen Bolek, Thomas, and Szabo voted NO. SIGN Burger -King Moved by Erbach, seconded by Kisslinger, to adopt the 1242 Lee ST. recommendation of Building Control and Inspection Committee to grant sign request of Burger -King, 1242 Lee Street, to replace existing sign, filling in area between the two vertical poles. Moved by Bolek, seconded by Chase, to defer action. SIGN Moved by Erbacht,seconded by Kisslinger, to adopt the Burger -King recommendation of Building Control and Inspection Committee 860 Elmhurst to grant sign request of Burger -King, 860 Elmhurst Road, to replace existing sign, filling in area between two pillars. Moved by Abrams, seconded by Michaels, to defer action. PARKING Dover Drive Alderman Michaels request for No Parking on the North Side of Street on Drover Drive between Pennsylvania Avenue and Miami Lane was referred to Streets and Traffic, Forestry Committee and Traffic Commission. 11 GRADING Referred to Water and Sewer Committee and City Engineer Elevations was Alderman Czubakowski's request for study of.Flood Plain Ordinance and present requirements to eliminate the problem wherein new buildings are graded higher than existing propertie thus causing flooding of lower graded properties. BILLS Moved by Bonaguidi, seconded by Erbach, to adopt the following SAYABLE 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: $76,319.61. Upon roll call, the vote was: BILLS PAYABLE Continued Alderman ORDINANCE 9/5/72 408 Page four AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 1 - Swanson Motion declared carried. Bonaguidi left the meeting at this time B-1-72 Swimming Pools ORDINANCE M-38-72 Temporary Signs ORDINANCE M-39-72 Noise ORDINANCE T-27-72 Seegers & Sixth - Stop Signs ORDINANCE M-40-72 Screening of Junk Yards, Etc. Moved by Abrams, seconded by Michaels, to adopt Ordinance B-1-72 re Swimming Pools. Moved by Abrams, seconded by Michaels, to amend as follows: Page six, last paragraph first line, add the word "reasonable" following "a"; Page Six, last paragraph, second to last line, after word "shall" insert word I Preferably". Motion declared carried. Moved by Erbach, seconded by Abrams, to amend Ordinance B-1-72, first paragraph of Section 1, changing the figure "2,000 gallons" to "2,500 gallons". Motion declared carried. Upon roll call, the vote on Ordinance B-1-72, as amended: Ayes; - 15 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Thomas, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 2 - Bonaguidi, Swanson Motion declared carried. Moved by Erbach, seconded by Szabo, to adopt Ordinance M-38-72 Amending Section 4-5-32 (E) of the City Code Increasing the Duration of Temporary Sign Permits to 180 Days. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Thomas, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 2 - Bonaguidi, Swanson Motion declared carried. Moved by Kehe, seconded by Erbach, to adopt Ordinance M-39--72 Amending Section 8-21-6 of the City Code Having to Do With Noises, and Regulating the Use of Building or Construction Equipment at Various Hours. Moved by Kehe, seconded by Sherwood, to amend by changing the hours from "9:30 p.m." to "between the hours of seven (7 P.M) o'clock to seven o'clock (7 A.M.)". Motion declared carried. Alderman Koplos voted No. Upon roll call, the vote was: AYES: - 13 - Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Thomas, Seitz, Abrams, Michaels, Mayor NAYS: 2 - Koplos, Szabo ABSENT: 2 - Bonaguidi, Swanson Motion declared c :cried. Moved by Seitz, seconded by Hinde, to adopt Ordinance T-27-72 Amending Section 10-7-3 of the City Code Having to Do With Stop Streets by Adding Thereto the Intersection of Seegers Road and Sixth Avenue as a Three -Way stop Intersection. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Thomas, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 2 - Bonaguidi, Swanson Motion declared carried. Moved by Erbach, seconded by Czubakowski, to adopt Ordinance M-40-72 Amending Section 5-4-12 of the City Code Having to do with Junk Dealers and Junk'..Peddlers, by Re -Entitling said Section "Salvage Yards and Junk Dealers" and Adding a New Section Thereto, being Section 5-4-12.13 Requiring Screening of Salvage Yards From Streets and Residences. Mpved,:•by1 Szabo, seconded by Bolek, to table Ordinance M-40-72. Motion declared lost. Moved by Kehe, seconded by Seitz, to amend by adding words "nor shall any such material be kept higher than the allowable height of the fence", following the words material purposes; Motion declared carred. �ti ORDINANCE M-40-72 Continued 0 RDINANCE M-41-72 Bldg. Dept. Fees ORDINANCE M-33-72 Salaries Labor & Trades Group AGREEMENT MECCA ORDINANCE M-36-72 Dogs ZONING CASES 72-47-V 72-50-R UTECHT's Subdivision POLICE Squad Car Bids PARKING Graceland Post Office ZONING TEXT AMENDMENT 9/5/72 409 Page five Upon roll call, the vote on Ordinance M-40-72 as amended: AYES: - 10 - Kehe, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Thomas, Seitz, Abrams, Michaels NAYS: 5 - Koplos, Szabo, Sherwood, Bolek, Mayor ABSENT: 2 - Bonaguidi, Swanson Motion declared carried. Moved by Thomas, seconded by Erbach, to adopt Ordinance M-41-72 amending the City Code having to do with Establishing Fees for Certain Permits and Inspections. Moved by Bolek seconded by Koplos, to amend Ordinance M-41-72, changing the word "Clerk" to "Comptroller" wherever it appears in the ordinance. Motion declared carried. Upon roll call, the vote on Ordinance M-41-72, as amended was: AYES: - 15 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Thomas, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 2 - Bonaguidi, Swanson Motion declared carried. Moved by Erbach, seconded by Thomas, to adopt Ordinance M-33-72 amending Position and Salary Classification Ordinance relating to Labor and Trades Group, Public Works. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Thomas, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 2 - Bonaguidi, Swanson Motion declared carried. Moved by Sherwood, seconded by Thomas, to enter into agreement between City of Des Plaines and MECCA of Des Plaines, I11. relating to Labor and Trades Group, Public Works Employees. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Thomas, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 2 - Bonaguidi, Swanson Motion declared carried. Moved by Szabo, seconded by Kehe, to remove from the table Ordinance M-36-72 re Dogs. Upon roll call, the vote was: AYES: - 5 - Koplos, Szabo, Kehe, Chase, Kisslinger NAYS: 9 - Sherwood, Bolek, Hinde, Czubakowski, Erbach, Thomas, Seitz, Abrams, Michaels ABSENT: 2 - Bonaguidi, Swanson Motion declared lost. Letters from Zoning Board of Appeals re Case 72-47-V, approximately 451 Prairie Avenue, Variation; and Case 72-50-R, 1125 Walter A,enue was referred to Municipal Development Committee. Plat of Utecht's Subdivision and letter from Plan Commission was referred to Municipal Development Committee. Letters from Golf Mill Chrysler Plymouth, Inc. and Officer Cascino re explanation of bid submitted for 7 Squad Cars were referred to Police and Finance Committee. The letter from Mayor Behrel re removal of parking meters in front of post office on Graceland Avenue was referred to Streets, Traffic and Forestry Committee. The letter from Mayor Behrel re Zoning Text Amendment, adding "Dance Studio" to C-1 Classification was referred to City Code Committee 1PL' 1 1 1 9/5/72 4100 Page six Flooding Mayor Behrel announced meeting called by Senator John A. Problems Graham, Sept. 9, City Hall, Rolling Meadows to discuss Meeting Public Act 77-1544, known as Flood Plains Act of 1971 to develop plans to reduce reoccurrence of flooding in the northwest area. POLLUTION Moved by Szabo, seconded by Abrams, to authorize City Attorney ORDINANCE to seek intervention in suit filed by Max Factor against Suit County of Cook re enforcement of its pollution ordinance within the City of Des Plaines. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Thomas, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 2 - Bonaguidi,-Swanson Motion declared carried. RESOLUTION Moved by Bolek, seconded by Sherwood, to,. adopt a Resolution Pollution to be placed on file with Cook County Board of Commissioners Ordinance reciting City's Pollution Ordinance and expressing the City's wishes to enforce Pollution Control within the City Limits. Motion declared carried. FOOD VENDING Referred to Streets, Traffic and Forestry Committee was TRUCKS Alderman Erbach's request to amend our ordinance for more Ice Cream effective control of Food Vending Trucks, particularly ice cream trucks, so as to eliminate the safety hazard insofar as traffic is concerned. ADJOURNMENT: Moved by Sherwood, seconded by Erbach, that the regular meeting of the City Co4ncil .djoura. Motion declar`s carried. Bertha Eleanor Roh ach, City Clerk APPROVED BY ME THIS DAY HE'4:E'T . BEHREL, MAYOR 197