01/05/1970247
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 5, 1970
PRE -ANNEXATION HEARING - 7:30 P.M.
Mayor Herbert H. Behrel announced the Pre -Annexation hearing at 7:40 P.M.
and the Clerk read the Legal Notice on a proposed written pre -annexation
agreement between the City of Des Plaines and the Exchange National Bank
of Chicago, as Trustee under Trust No. 16702, on property legally
described as follows:
"Lot 2 in Redeker Estate Subdivision of part of Sections 8, 9, 16
and 17, Township 41 North, Range 12, East of the Third Principal
Meridian, in Cook County, Illinois, also Lots 6 and 7 in Block
17 (Slocum Block) in Park Addition to Des Plaines, being part of
the North 1/2 of Section 16 and 17, Township 41 North, Range 12
east of the Third Principal Meridian, Cook County, Illinois"
commonly known as the Kiwanis property located at Woodland and Grove
Avenues, as published in Des Plaines Suburban Times, December 22, 1969.
The hearing opened with Mayor Behrel asking if there was anyone who
wished to speak in favor of this agreement, to which Attorney Marvin J.
Glink, from the firm of Ancel, Stonesifer, & Glink, 111 Washington
Street, Chicago, answered stating that he represented the petitioner.
Attorney John F. Flight, 12 North State Street, Arlington Heights,
answered that he represented the objectors.
At this time Alderman Bolek addressed the Chair questioning the action
of the City Council in holding the afore -mentioned pre -annexation hearing,
inasmuch as the Council took negative action at a previous meting.
Mayor Behrel read a letter addressed to Attorney Glink, explaining
the action taken by the City Council at its regular meeting of
December 1, 1969. Attorney DiLeonardi explained to the Council the
legal steps in considering a pre -annexation agreement. Alderman Szabo
further questioned the need for this hearing, at which time Mayor
Behrel stated that in his opinion this pre -annexation hearing tonite
is completely irregular and should be held prior to the Zoning Hearing.
It was moved by Alderman Szabo, seconded by Alderman Bolek, that the
Council not consider the pre -annexation hearing for reasons previously
discussed. Motion declared Carried. Attorney Glink then stated that
he saw no legal remedy here as he believed the members of the City
Council had voted to reconsider its No vote, and if that be so, this
particular hearing is in order and is proper and asked if the hearing
could be rescheduled to which Mayor Behrel replied that it is possible.
Hearing closed at 7:55 P.M.
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 8:05 P.M. The meeting opened with a prayer
read by City Clerk B. E. Rohrbach, followed by the Pledge of Allegiance
to the flag.
ROLL CALL:
Roll Call indicated the following aldermen present:
Szabo, Prickett, Sherwood, Bolek, Figard, Hinde,
Czubakowski, Wagner, Swanson, Thomas, Bonaguidi, Seitz,
Shillington, Michaels. Absent were Alderman Koplos
and Leer
Also present were: City Police Chief Hintz, Fire Chief Haag, Assistant
Commissioner of Public Works Warnicke Building Commissioner Schuepfer,
City Engineer Fletcher, and City Attorney •i w
There being a quorum present, the meeting was in order.
MINUTES:
It was moved by Alderman Hinde, seconded by Alderman
Prickett, to approve the Minutes of the regular meeting
of December 15, 1969, as published. Motion declared
Carried.
1/5/70 248
Page two
REPORTS OF Placed on file were the following reports: Building
CITY OFFICIALS: Department, December; Building Department, Year 1969;
Health Department, Year 1969.
Police Chief Hintz reported on the two robberies Friday, January 2nda;+"
and attbtzted the adoption of the Police Department's traffic survey
with recommendations to the fact there was only one fatality in 1969.
Fire Chief Haag reported that fire calls were up about 45 in 1969,
City City Attorney DiLeonardi reported that the building
Attorney at 265 Hawthorne Lane has been torn down by the owner.
Further reported that the Rand -Wolf Zoning case is
scheduled for hearing this Thursday morning before Judge Egan.
An answer has been filed in the Cities Service case for use of property
at Ballard and Potter as gasoline service station. The lease with
Des Plaines Tomorrow Corporation for parking lot has been prepared.
He submitted a copy of legal opinion given in 1967 regarding conflict
of interest to Council members. He was successful in obtaining an
extension of time in the Metropolitan Sanitary District case until
January 31st. The trial brief in the Spindler Tree Case has been
filed. Argument begins January 6th in the Mt. Prospect Annexation case.
Further that a pre trial conference has been scheduled in Circuit Court,
on the subject of Federal Civil Rights suit against two police officers.
The Rio -Rand Motel case was continued to February 6th, and a suit has
been filed in circuit court. Hearings have been scheduled for mid-
January on several complaints filed by Metropolitan Sanitary District
regarding sewer permits granted in favor of the City. It was moved
by Alderman Shillington, seconded by Alderman Michaels, that the City
urge City Attorney DiLeonardi to continue the City's position in the
Metropolitan Sanitary District Complaint cases. Motion declared
Carried.
COMMITTEE
REPORTS:
ZONING CASE
69--70-A
Text Amend.
C-4
ZONING CASE
69-71-A '
Text Amend
Drive In
Restaurants
ZONING CASE
69-72-R
2712 Des
Plaines Ave.
It was moved by Alderman Swanson, seconded by Alderman
Figard, to concur with Municipal Development Committee's
recommendation to authorize the City Attorney to prepare
the text amendment to the Zoning Ordinance for further
consideration by the Council, concurring with Zoning Board
in Case 69-70-A - regarding sideyards in C4 District.
Alderman Prickett voted No.
It was moved by Alderman Swanson, seconded by Alderman
Hinde, to concur with Municipal Development Committee's
recommendation to concur with the Zoning Board in Case
69-71-A regarding a text amendment to the Zoning Ordinance
requiring that Drive In Restaurants be Special Uses in
the C-2 and C-3 Districts only, and authorize the City
Attorney to draft the necessary ordinance for further
consideration by the Council. Motion declared Carried.
It was moved by Alderman Swanson, seconded by Alderman
Wagner, to concur with the Municipal Development Committee's
recommendation to concur with the Zoning Board in Case
69-72-R to rezone property located at 2712 Des Plaines Avenue
to C-2 Commercial and authorize the City Attorney to draft
the necessary ordinance for further consideration by the
Council. Motion declared Carried.
Council recessed from 8:30 P.M. to 8:45 p.m. at which time a plague
was presented by Police Chief Hintz and Fire Chief Haag to Mr. Harold
Ahbe and Mr. Jack Tures commending them for their sixteen years of
service to the City serving on the Board of Police and Fire Commission.
Dedicated at this time was the portrait of Judge Albert Sengstock purchased
by the City, which shall be placed on the wall of the Council Chambers -
Court Room for all time.
Presented by Mayor Behrel to Mr. Dave Wolf, President of the Des Plaines
Historical Society, was the framed letter signed by the three astronauts
of Appolo 11 - the first to reach the moon.
efr
1/5/70 249
Page three
DESKS It was moved by Alderman Szabo, seconded by Alderman Wagner,
POLICE to concur with Building and Grounds Committee to purchase
DEPARTMENT seven desks and seven chairs from the Henrickson & Co.
in the amount of $2,349.58, to be used by the Police
Department. Upon roll call, the vote was:
AYES: - 15 - Alderman Szabo,Prickett, Sherwood, Bolek,
Figard, Hinde, Czubakowski, Wagner, Swanson,
Thomas, Bonaguidi, Seitz, Shillington, Michaels
Mayor.
NAYS: - 0 - None
ABSENT: 2 - Alderman Koplos, Leer
There being fifteen affirmative votes, Motion declared
Carried.
PARKING
METERS
It was moved by Alderman Wagner, seconded by Alderman
Shillington, to concur with Parking Lots Committee's
recommendation to purchase Duncan meters for the Des
Plaines Tomorrow Parking Lot on Ellinwood Street, at
a total cost of $1,374.23 to be charged to the Parking
Meter Replacemant and Renewal program. Upon roll call,
the vote was:
AYES: - 15 - Alderman Szabo, Prickett, Sherwood, Bolek,
Figard, Hinde, Czubakowski, Wagner, Swanson,
Thomas, Bonaguidi, Seitz, Shillington, Michaels
Mayor.
NAYS: 0 - None
ABSENT: 2 - Alderman Koplos, Leer
There being fifteen affirmative votes, Motion declared
Carried.
EMPLOYERS It was moved by Alderman Bonaguidi, seconded by Alderman
INSURANCE Seitz, to concur with Insurance Committee's recommendation
Wausau to take no action at this time on the letter from Employers
Insurance of Wausau. Motion declared Carried.
Workmen's Alderman Bonaguidi reported that the Insurance and Finance
Compensation Committees met with representatives of the Insurance
Brokers Association and they recommend that the City
enroll with Midland Casualty Company in the Self -
Insurance of Workmen's Compensation, whereby a premium
of $11,200 is paid to the Insurance Company and a special
account of $27,142 is established by the City from which
Workmen's Compensation funds are disbursed at the direction
of the Insurance Company.
BILLS It was moved by Alderman Prickett, seconded by Alderman
PAYABLE 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: Item #10,063 withheld from payment, in the
amount of $97.27. Total $76,034.68. Upon roll call, the
vote was:
AYES: - 15 - Alderman Szabo, Prickett, Sherwood, Bolek
Figard, Hinde, Czubakowski, Wagner, Swanson,
Thomas, Bonaguid.,Seitz, Shillington, Mdcrhaels,
Mayor
NAYS: 0 - None
ABSENT: 2 - Koplos, Leer
There being fifteen affirmative votes, Motion declared
Carried.
ORDINANCE Following second reading, it was moved by Alderman Prickett,
M-55-69 seconded by Alderman Hinde, to adopt Ordinance M-55-69
Transfers providing for the transfer of sums of money within depart-
ments. Upon roll call, the vote was:
AYES: - 15 - Alderman Szabo, Prickett, Sherwood, Bolek,
Figard, Hinde, Czubakowski, Wagner, Swanson,
Thomas, Bonaguidi, Seitz, Shillington, Michaels,
Mayor
NAYS: 0 - None ABSENT: - 2 - Koplos, Leer /).
There being fifteen affirmative votes, Motion declared �(i
Carried.
ORDINANCE
M-47-69
Salary
Ordinance
ORDINANCE
B-7-69
Emergency
Lights
ORDINANCE
T-35-69
Yield Right
of Way
ORDINANCE
T-36-69
One -Way
Stop Sts.
ORDINANCE
T-37-69
Two Way
Stop Sts.
1/5/70 250
Page four
Following second reading, it was moved by Alderman Bonaguidi,
seconded by Alderman Thomas, to adopt Ordinance M-47-69
having to do with Position and Classification Plan (Salary).
It was moved by Alderman Wagner, seconded by Alderman
Shillington, to amend the Ordinance increasing salaries
of all employees below Grade 16 by 17.2%. Upon roll call,
the vote was:
AYES: 5 - Alderman Czubakowski, Wagner, Thomas,
Shillington, Michaels.
NAYS: 9 - Alderman Szabo, Prickett, Sherwood, Bolek,
Figard, Hinde, Swanson, Bonaguidi, Seitz,
ABSENT: 2 - Alderman Koplos, Leer
There being nine negative votes, Motion to amend declared
lost.
Attorney Jacobs, granted permission by the Council to
speak, addressed the Council, pleading for increased
salaries for the Department of Public Works employees.
Upon roll call, the vote on Ordinance M-47-69 was:
AYES: - 9 - Alderman Szabo, Sherwood, Figard, Hinde,
Czubakowski, Wagner, Thomas, Thomas, Shillington,
Mayor
NAYS: 6 - Alderman Prickett, Bolek, Swanson, Bonaguidi,
Seitz, Michaels.
ABSENT: 2 - Alderman Koplos, Leer
There being nine affirmative votes, Motion declared
Carried. (See minutes of this meeting on Page
Following second reading, it was moved by Alderman Wagner,
seconded by Alderman Sherwood, to adopt Ordinance B-7-69
amending the Building Code re Emergency Lights. It was
moved by Alderman Bolek, seconded by Alderman Bonaguidi,
to table Ordinance B-7-69. Motion declared Carried.
Ordinance referred to the Building Control and Inspection
and Fire Committees for study and report.
lbllowing second reading, it was moved by Alderman Figard,
seconded by Alderman Sherwood, to adopt Ordinance T-35-69
having to do with Yield Right of Way Intersections.
Upon roll call, the vote was:
AYES: - 15 - Alderman Szabo, Prickett, Sherwood, Bolek,
Figard, Hinde, Czubakowski, Wagner, Swanson,
Thomas, Bonaguidi, Seitz, Shillington, Michaels,
Mayor
NAYS: 0 - None
ABSENT: 2 - Koplos, Leer
There being fifteen affirmative votes, Motion declared
Carried.
Following second reading, it was moved by Alderman
Shillington, seconded by Alderman Hinde, to adopt Ordinance
T-36-69, having to do with One -Way Stop Streets.
Upon roll call, the vote was:
AYES: - 15 - Alderman Szabo, Prickett, Sherwood, Bolek,
Figard, Hinde, Czubakowski, Wagner, Swanson,
Thomas, Bonaguidi, Seitz, Shillington, Michaels,
Mayor
NAYS: 0 - None
ABSENT: 2 - Alderman Koplos, Leer
There being fifteen affirmative votes, Motion declared
Carried.
Following second reading, it was moved by Alderman Figard,
seconded by Alderman Swanson, to adopt Ordinance T-37-69
having to do with Two Way Stop Streets. Upon roll call,
the vote was:
AYES: - 15 -
0 -
Alderman Szabo, Prickett, Sherwood, Bolek,
Figard, Hinde, Czubakowski, Wagner, Swanson,
Thomas, Bonaguidi, Seitz, Shillington, Michaels,
Mayor
NAYS: None
ABSENT: 2 - Alderman Koplos, Leer
There being fifteen affirmative votes, Motion declared
Carried.
1/5/70
Page five
251
ORDINANCE Following second reading, it was moved by Alderman Prickett,
M-57-69 seconded by Alderman Figard, to adopt Ordinance M-57-69,
Bid Opening having to do with Bid Opening Procedures. Upon roll
call, the vote was:
AYES: - 15 - Alderman Szabo, Prickett, Sherwood, Bolek,
Figard, Hinde, Czubakowski, Wagner, Swanson,
Thomas, Bonaguidi, Seitz, Shillington, Michaels,
Mayor
NAYS: 0 - None
ABSENT: 2 - Alderman Koplos, Leer
There being fifteen affirmative votes, Motion declared
Carried.
ORDINANCE Following second reading, it was moved by Alderman Figard,
M-58-69 seconded by Alderman Czubakowski, to amend the Ordinance
SA Bills M-58-69, striking the words "other than the owner of the
property involved". Motion declared Carried. It was
moved by Alderman Figard, seconded by Alderman Sherwood,
to adopt Ordinance M-58-69, as amended. Upon roll call,
the vote was:
AYES: - 15 - Alderman Szabo, Prickett, Sherwood, BoleJ,
Figard, Hinde, Czubakowski, Wagner, Swanson,
Thomas, Bonaguidi, Seitz, Shillington, Michaels,
Mayor.
NAYS: 0 - None
ABSENT: 2 - Alderman Koplos, Leer
There being fifteen affirmative votes, Motion declared
Carried.
ORDINANCE Upon a ruling by City Attorney DiLeonardi, Alderman
M-47-69 Shillington was advised that he could change his vote
Salary on Ordinance M-47-69, provided that the Council consents
Ordinance to the change unanimously. He further ruled that if there
exists an objection, it is necessary that a motion carry
to that effect. Alderman Czubakowski objected and it
was moved by Alderman Shillington, seconded by Alderman
Michaels, that he be permitted to change his vote on
Ordinance M-47-69. Upon roll call, the vote was:
AYES: - 8 - Alderman Szabo, Prickett, Figard, Swanson,
Bonaguidi, Seitz, Shillington, Michaels
NAYS: - 7 - Alderman Sherwood, Bolek, Hinde, Czubakowski,
Wagner, Thomas, Mayor.
ABSENT: 2 - Alderman Koplos, Leer
There being eight affirmative votes, Motion to change
Alderman Shillington's vote of AYE to NAY on Ordinance
M-47-69 Carried, thus creating a tie vote, upon which
Mayor Behrel voted AYE, and Ordinance M-47-69 remained
adopted. It was then moved by Alderman Szabo, seconded
by Alderman Shillington, that Alderman Szabo be permitted
to change his vote on Ordinance M-47-69. Upon roll call,
the vote was:
AYES: - 8 - Alderman Szabo, Prickett, Bolek, Swanson,
Bonaguidi, Seitz, Shillington, Michaels
NAYS: 7 - Alderman Sherwood, Figard, Hinde, Czubakowski,
Wagner, Thomas, Mayor
ABSENT: 2 - Alderman Koplos, Leer
There being eight affirmative votes, Motion declared
Carried, thus defeating Ordinance M-47-69.
ORDINANCE Placed on First Reading was Ordinance M-1-70, the
M-1-70 Appropriation Ordinance for 1970.
Appropriation
ORDINANCE Placed on First Reading was Ordinance A-1-70, providing for
A-1-70 the annexation of property located on the southwest corner
Redeker & of Redeker and River Roads.
River
ORDINANCE Placed on First Reading was Ordinance M-2-70 increasing
M-2-70 Class A liquor licenses by one and decreasing Class E
Liq. Lic. liquor licenses by one to provide license for Nick's
LaCantina Restaurant.
ORDINANCE
T-1-70
Arnold Ct.
.One -Way
ORDINANCE
T-2-70
Load Limit
Maple
Pratt
ORDINANCE
Z-1-70
CC&NW RR
RESOLUTION
MFT
Section
80 CS
LEASE
AGREEMENT
Des Plaines
Tomorrow
Parking
Lo t
WATER
Joseph
Lumber Co.
PARKING
Des Plaines
Redevelop-
ment
1/5/70 252
Page six
It wasmoved by Alderman Shillington, seconded by Alderman
Michaels to waive First Reading of Ordinance T-1-70,
providing for Arnold Court as a one way street northbound
from Dorothy Drive to Florian Drive. Motion declared
Carried. It was moved by Alderman Shillington, seconded
by Alderman Michaels to adopt Ordinance T-1-70.
Upon roll call, the vote.,: was:
AYES: - 15 - Alderman Szabo, Prickett, Sherwood, Bolek,
Figard, Hinde, Czubakowski, Wagner, Swanson,
Thomas, Bonaguidi, Seitz, Shillington, Michaels,
Mayor
NAYS: 0 - None
ABSENT: 2 - Alderman Koplos, Leer
There being fifteen affirmative votes, Motion declared
Carried.
It was moved by Alderman Wagner, seconded by Alderman
Thomas, to waive First Reading of Ordinance T-2-70 providing
for Load Limit on Pratt and Maple Streets. Motion declared
Carried. It was moved by Alderman Wagner, seconded by
Alderman Swanson, to adopt Ordinance T-2-70. Upon roll
call, the vote was:
AYES: - 15 - Alderman Szabo, Prickett, Sherwood, Bolek,
Figard, Hinde, Czubakowski, Wagner, Swanson,
Thomas, Bonaguidi, Seitz, Shillington, Michaels,
Mayor.
NAYS: 0 - None
ABSENT: 2 - Alderman Koplos, Leer
There being fifteen affirmative votes, Motion declared
Carried.
Placed on First Reading was Ordinance Z-1-70 rezoning
The Chicago and Northwestern Railway Coach Yard Property
to M-2 General Manufacturing District.
It was moved by Alderman Wagner, seconded by Alderman
Czubakowski, to adopt a resolution appropriating $100,915.34
Motor Fuel Tax Funds for Section 80 CS - Special Assessment
#190 - the improvement of Orchard Place Area. Motion
declared Carried.
It was moved by Alderman Wagner, seconded by Alderman
Czubakowski, that City enter into Parking Lot Lease
Agreement with Des Plaines Tomorrow Corporation, and
authorize Mayor and City Clerk to execute Parking Lot
Lease. Upon roll call, the vote was:
AYES: - 15 - Alderman Szabo, Prickett, Sherwood, Bolek,
Figard, Hinde, Czubakowski, Wagner, Swanson,
Thomas, Bonaguidi, Seitz, Shillington, Michaels,
Mayor.
NAYS: 0 - None
ABSENT: 2 - Alderman Koplos, Leer
There being fifteen affirmative votes, Motion declared
Carried.
The letter from Joseph Lumber Co. regarding their request
that the City serve property on Rand Road with water
service was referred to the Water Committee for study and
report.
The letter from Des Plaines Redevelopment Association, Inc.
regarding a public off-street parking system to complement
the new commercial and office expansion was referred to
the Parking Lots Committee for study and report.
RESIGNATION Following the reading of the letter of resignation of
Earl R. Warnicke as Commissioner of Public Works, it was
moved by Alderman Szabo, seconded by Alderman Sherwood,
/e)
to accept Mr. Warnicke's resignation. Motion declared
Carried.
Earl R.
Warnicke
Public
Works
1/5/70 253
Page seven
APPOINTMENT It was moved by Alderman Wagner, seconded by Alderman
Public Swanson, to concur with Mayor Behrel's appointment of
Works Mr. Joseph Schwqb as acting Commissioner of Public Works
until further notice. Motion declared Carried.
KIWANIS It was moved by Alderman Szabo, seconded by Alderman Figard,
PROPERTY that the City Council deny the request of owners of property
commonly known as the Kiwanis Campground Property located
on Woodland Avenue and Grove Avenue, for annexation
and rezoning as proposed. Upon roll call, the vote was:
AYES: - 15 - Alderman Szabo, Prickett, Sherwood, Bolek,
Figard, Hinde, Czubakowski, Wagner, Swanson,
Thomas, Bonaguidi, Seitz, Shillington,
Michaels, Mayor.
NAYS: 0 - None
ABSENT: 2 - Alderman Koplos, Leer
There being fifteen affirmative votes, Motion declared
Carried.
STOP SIGNS
8th Ward
The request of Alderman Shillington for the following
stop signs was referred to the Traffic Commission and
Streets and Traffic Committee for study and report:
4 -way stop at Beau Drive and Millers Road
Stop Signs at Elmhurst and Kathleen Drive
Elmhurst and Millers Road
Devonshire Drive & Elmhurst Road
ADJOURNMENT: It was moved by Alderman Shillington, seconded
Sherwood, that the regular melting of the City
adjourn. Motion declared Tried.
4.4x,J
Bertha Eleanor Rohrbach
IIAPPROVED BY . THIS c;1707 "-e,
DAY OF
r
ER: BEHREL, MAYOR
1
ERT
by Alderman
Council
City Cle k