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12/18/19721 1 459; MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, HELD IN THE COUNCIL CHAMBERS, CITY HALL, MONDAY, DECEMBER 18, 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 8:00 P.M. The meeting opened with prayer by Rev. Garry Scheuer, pastor of First Congregational Church, followed by the Pledge of Allegiance to the flag. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels hisa present were: City Comptroller Blietz, Police Chief Hintz, Fire Chief Haag, Building Inspector Trost, City Engineer Bowen, Assistant City Engineer Perl, Commissioner of Public Works Schwab, Assistant Commissioner of Public Works Schaffer, City Planner Richardson, Sanitarian Martin, City Treasurer Rateike, Environmental Officer Lindahl, Police Captain Blume, and City Attorney DiLeonardi. YOUTH ESSAY Alderman Kehe presented awards as follows for the Youth AWARD Essay Contest: Chris Erbach, First Place; Pete Farmer, Second Place; Rick Glitz, Third Place, and Roberta Meltzer, Fourth Place. MINUTES: REPORTS OF EITY OFFICIALS: POLICE CHIEF Moved by Sherwood, seconded by Swanson, to approve the Minutes of the regular meeting held December 4, 1972, as published. Motion declared carried. Placed on file was City Comptroller's report of Cash Receipts from January 1 to November 30. City Clerk Rohrbach reported that redistricting has been completed and maps showing precinct boundaries were submitted to members of City Council. Police Chief Hintz reported that during November there were 13 arrests involving drugs and narcotics. Further that the Department issued a number of tickets for autos being parked during 2" snowfall. FIRE Fire Chief Haag reported on a fire Friday, December 8th CHIEF at 776 Thacker Street - estimated damage $15,000 and probable cause was malfunction of heating unit. Two firemen were injured. Also reported on at fire at 182 Wisconsin Drive - estimated damage $300. COMMISSIONER Commissioner of Public Works reported that total Snow OF PUBLIC Storm Costs December 8 to 10 were $7,548.00 and during WORKS December 12 to 13 were $8,716. Further that the Water Department handled six watermain breaks from December 1 to 16. In reply to Alderman Chase, Commissioner of Public Works Schwab reported that he received two quotations for fencing of the recycling center - the lowest being approx. $1800. CITY City Attorney DiLeonardi reported that the court granted ATTORNEY the City's motion in the North Maine Fire Protection suit holding the statute valid having to do with automatic disconnection of territory from said district when annexed to City or Village. He also reported that the Appellate Court has ruled and filed an opinion in the Kiwanis suit, stating that the City has no obligation to furnish said property with water. The Rand -Central Zoning Case has been put over until Feb. 5 and the court will rule December 19th in the Scientific Machinery Movers case. TAX INJUNCTIO N Mayor Behrel reported that following many years of research and filing of necessary papers, the City has received the Decree and Injunction Order on 52 parcels of land owned t by the City of Des Plaines 12/18/72 460 Page Two RAND -WOLF Moved by Swanson, seconded by Hinde, to adopt the Rezoning recommendation of Municipal Development Committee that the City Planner with with Property Owners of property located at Rand and Wolf Roads and Seventh Ward Aldermen re proposed develepment of said property. Motion declared carried. PARK RIDGE Council recessed from 8:38 to 8:43 to review the Park Ridge MANOR,. FIRE Manor Fire Protection District contract. Moved by Seitz, PROTE.CTION seconded by Sherwood to adopt the recommendation of the DISTRICT Fire Committee to enter into agreement with Park Ridge Contract Manor Fire Protection District effective January 1, 1973 and terminating Dec-mber 31, 1973, at a cost of $6,000 for fire protection, and further that contract will not be renewed or extended after December 31, 1973. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None Motion declared carried. LIQUOR The request of Mr. Steak Restaurant owners for change of LICENSE liquor license from Class F to Class A was referred to Mr. Steak License and Inspection Committee. Restaurant LETTERS The letters received by Alderman Bonaguidi from. residents Refuse Sack of Seventh Ward re use of Refuse Sack Program were referred Program to Sanitation Committee. THREE-WAY Moved by Hinde, seconded by Bolek, to adopt the recommendation STO2 of Streets, Traffic and Forestry Committee to install Sherman & three-way stop signs at the intersection of Sherman and Grove Grove and authorize City Attorney to draft necessary ordinance. Motion declared carried. YIELD Moved by Hinde, seconded by Swanson, to adopt the recommenda- Eis hne ower tion of Streets, Traffic and Forestry Committee to provide Morse for traffic on Eisenhower to yield to traffic on. Morse Avenue, City Attorney to draft the necessary ordinance. Motion declared carried. BUMPER - Lee & Miner Moved by Hinde, seconded by Bolek, to adopt the recommenda- tion of Streets, Traffic and Forestry Committee that no expenditure of public funds be made at this time to provide for bumpers at the northwest corner of Lee & Miner. Motion declared. BICYCLE Moved by Hinde, seconded by Czubakowski, to adopt the ROUTES recommendation to establish bicycle routes in accordance with map submitted by Police Department and authorize City Attorney to draft necessary ordinance. Motion declared carried. SIGN Moved by Erbach, seconded by Thomas, to adopt the ORDINANCE recommendation of Building Control and Inspection Committee to amend Section 4-5-28 (C) 2 by adding - "The Open Space Required by this section shall not be required for ground signs located within an area completely fenced or enclosed", City Attorney to draft the necessary amendment to the ordinance. Motion declared carried. SIGN Moved by Erbach, seconded by Thomas, to approve the sign DeVille Tire request of DeVille Tire Co., 1396 Miner Street and authorize Building Commissioner to issue necessary permit, a recommendation of Building Control and Inspection Committee. Motion declared carried. n 12/18/72 461 Page three STRUCTURAL Moved by Erbach, seconded by Sherwood, to adopt the recommenda- ENGINEE R tion of Building Control and Inspection Committee to retain Laurel & the firm of Rittweger & Tokay, Inc. as structural engineers Washington to examine building material used in new building located at Laurel & Washington. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Abrams, Michaels, Mayor NAYS: 0 - None ABSTAIN: 1 - Seitz ABSENT: 0 - None Motion declared carried. OFFICE OF MAYOR Alderman Abrams, Chairman of City Code and Judiciary Committee, requested a roll call vote on whether or not to convert the office of Mayor to part-time position with the appointment of a full-time administrator, shall be studied by the City Code and Judiciary Committee. Following considerable discussion, it was moved by Abrams, seconded by Szabo, that the City Council by roll call vote appoint the City Code and Judiciary Committee to conduct a study of the duties of the Office of Mayor and the conversion of the Mayor's office to a part-time position with appointment of administrative assistant to carry out certain duties of the Office of Mayor. Moved by Kisslinger, seconded by Hinde, to amend the motion toinclude the study of City Manager Form of. Government. Upon roll call, the vote on the amendment was: AYES: - 13 - Koplos; Szabo, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Bonaguidi, Seitz, Abrams, Michaels NAYS: 4 - Kehe, Swanson, Thomas, Mayor ABSENT: 0 - None Motion to amend declared carried. Upon roll call, the vote on motion as amended was: AYES: - 14 - Koplos, Szabo, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 3 - Kehe, Swanson, Thomas ABSENT: 0 - None Motion as amended declared carried - ENVIRONMENTAL Moved by Michaels, seconded by Abrams, to adopt the CONTROL recommendation of Environmental Controls Committee as COMMISSION follows: (1) That the Air Pollution Appeal Board be abolished and that the Environmental Control Commission bevested with the powers of the Air Pollution Control Board, and adding those powers to Section 2-17-2; (2) That Ordinance M-7-72 establishing the Environmental Control Commission be amended. as follows: Section 2-17-1 - that two of the members shall have college degrees in engineering or other physical science; Section 2-17-2 Paragraph_C be amended to read - "To advise the City Council from time to time with respect to Environmental Considerations; and the following paragraphs be added to Section 2-17-2: (A) The Commission shall meet at least once per month; (B) To Coordinate Environmental Improvement Projects; (C) To assist Environmental violators in preparing abatement plans, subject to the approval of the Environmental Control Officer; (D) Copies of environmental complaints shall be provided to the Environmental Control Commission for their information. Motion declared carried. BILLS Moved by Bonaguidi, seconded by Hinde, to adopt the following PAYABLE 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, $553,233.08. Moved by Koplos, seconded by Bolek that the City hire an. engineer to do core borings to determine thickness of new Ellinwood Street Parking Lot and withhold payment of Voucher #5302 and Voucher 114 and remit only $29,482.00 to Rock Road Construction Co. Moved by Chase, seconded by 12/18/72 462 Page four BILLS Czubakowski to divide the question. Upon roll call vote DAYABLE on the motion to hire engineer for core borings, the vote Continued was: AYES: - 12 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Hinde, Czubakowski, Bonaguidi, Seitz, Abrams, Michaels NAYS: 5 - Kisslinger, Erbach, Swanson, Thomas, Mayor ABSENT: 0 - None Motion declared carried. Upon roll call vote on the question of withholdingpayment and issuing new check to Rock Road Construction Co., in the amount of $29,482.00, the vote was: AYES: - 4 - Koplos, Szabo, Bolek, Bonaguidi NAYS: 12 - Kehe, Sherwood, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Swanson, Thomas, Seitz, Abrams, Michaels ABSENT: 0 - None Motion declared lost. Upon roll call, the vote on resolution was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 0 - None Motion declared carried. ORDINANCE Moved by Bolek, seconded by Hinde, to pass Ordinance T-38-72 T-38-72 Amending Schedule I of Section 10-5-4 of the City Code by E.Rawls Rd. Prohibiting Parking Along the South Side of Rawls Road, 66 Feet East of 111 East Rawls Road West Driveway. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 0 - None Motion declared carried. ORDINANCE Moved by Hinde, seconded by Sherwood, to pass Ordinance T-39-72 T-39-72 Amending Section 10-5-5 (G) Having to Do With Parking OAK ST. During Certain Hours on Oak Street from Brown Street to Parking Harding Avenue. Moved by Szabo, seconded by Koplos to amend Ordinance T-39-72 to provide for "No Parking from 7 a.m. to 9 a.m." Motion declared carried. Ordinance referred to City Attorney for redrafting. ORDINANCE Moved by Bolek, seconded by Kehe, to pass Ordinance M-57-72 M-57-72 Increasing Class A Liquor Licenses by Two. Upon roll call, Class A the vote was: Liquor AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Licenses Kisslinger, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 0 - None Motion declared carried. ORDINANCE Placed on First Reading was.Ordinance M-58-72 Amending M-58-72 Sections 1-17-2 Through 1-17-9, Inclusive of the City Code Wards & Having to do with Wards and Election Precincts. Pr—eecTts ORDINANCE Placed on First Reading was Ordinance M-59-72 Providing for M-59-72 the Transfer of Sums of Money Within Departments Transfer of Sums Moved by Bonaguidi, seconded by Szabo, to adopt Resolution R-18-72 transferring $905,000.00 from the Corporate Fund to RESOLUTION the Street Fund, Garbage Fund and Fire Fund. Upon roil call, R-18-72 the vote was: Transfer of AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Funds Kisslinger, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT - 0 - None Motion declared carried. ORDINANCE T-40-72 Cedar St. ORDINANCE T-41-72 Estes -Rusty ORDINANCE T-42-72 Ellinwood- Center ZONING CASE 72-59-R 981 Oakton NIPC Project No. 72-334 fl S DGC AMBULAN CE REFUSE PICK UP - Terrsal Park Units NOTIFICATION of new Wards & Precincts APPOINTMENT of Fire Engineer Fire Inspector Detective VACATION Woodland Ave.. MFT Resolution Mass Transit LIQUOR LICENSE Fees 12/18/72 463 Page five Placed on First Reading was Ordinance T-40-72 Amending Section 10-5-17 of the City Code by Alternating Yearly. The No Parking Signs on Cedar Street Between Jarvis Avenue and Touhy Avenue. Placed on First Reading was Ordinance T-41-72 Amending Section 10-7-4 of the City Code Requiring Estes Avenue Traffic to Yield to Traffic on Rusty Drive. Placed on First Reading was Ordinance T-42-72 Amending Section 10-7-3 of the City Code Having to Do With One -Way Stop Streets, by Adding Thereto Traffic on Ellinwood Street to Stop for Traffic on Center Street. The letter from Des Plaines Zoning Board of Appeals re Case 72-59-R - property located at 981 Oakton Street was referred to Municipal Development Committee. Moved by Abrams, seconded by Bolek, to authorize City Attorney to make formal appearance objecting to location of MSD Sewage Treatment Plant, and endorse NIPC Project No. 72-334 MSDGC - Construction of tunnels and reservoirs to eliminate storm overflows to Lake Michigan Phase I & II, urging investigation of the environmental impact, as well as social and economic. Motion declared carried. The letter from Oehler Funeral. Home offering for sale a 1971 ambulance at a cost of $10,500.00 was referred to the Finance Committee, and Fire Committee. The for and request of owners of separate units within Terrsal Park Refuse Pick-up was referred to the Sanitation Committee Commissioner of Public Works. The letter from City Clerk re notification to all registered voters of new ward, precinct, State Senatorial. District and County Precinct was referred to the Finance Committee. Referred to the Fire and Police Committees, City Attorney, and Board of Police and Fire Commission was Mayor Behrel's request for a study of the method of appointment for Fire Engineer, Fire Inspector, and Police Detective. Moved by Szabo, seconded by Bonaguidi, that the City hire an appraiser to appraise that portion of Woodland Avenue immediately adjacent to Pesche's Inc. requested to be vacated. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Czubakowski, seconded by Hinde, to adopt a Resolution appropriating $12,071.50 for the Maintenance of the Des Plaines Mass Transit District thruout.the City, upon review of the Pension Plan of United Motor Coach Co. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 0 - None Motion declared carried. The letter from Mayor Behrel re hearing costs for. liquor license violators was referred to the License and Inspection Committee. ‘4 ACCESSIBILITY of Buildings to Physically Handicapped. WOLF ROAD GRAVEL WALK PETITION to Zoning Board - Car Wash ADJOURNMENT: APPROVED BY 12/18/72 464 Page six The letter from Rehabilitation Institute of Chicago addressed to Alderman Koplos, re accessibility of buildings to the Physically. Handicapped was referred to Public Buildings, Grounds and Parking Lots Committee. Moved by Hinde, seconded by Seitz, to ratify action of Streets, Traffic and Forestry Committee in authorizing Capitol Cement Co. to lay gravel walk along Wolf. Road, from Central to Rand Road, at a cost of $900.00. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Sherwood, Bolek, Chase, Kisslinger, Hinde, Czubakowski, Erbach, Swanson, Thomas, Bonaguidi, Seitz, Abrams, Michaels, Mayor NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Swanson, seconded by Szabo, to authorize City Attorney to prepare petition to be heard. before Zoning_. Board. of Appeals allowingcar wash operations as a.Speci.al Use in the C-2 District, anddeclaring a moratorium on all car wash applications for permit during the consideration of said ordinance. .Motion declared carried. Moved by Sherwood, seconded by Bonaguidi, that the regular meeting of the City Council adjourn. Motion decla ed carried. THIS DAY OF A. D. YOR Bertha Eleanor Rohrba• , City Clerk