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06/04/19731 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, HELD IN THE COUNCIL CHAMBERS, CITY HALL June 4, 1973 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 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, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward. Absent were Kehe and Bolek Also present were: 'Assistant Comptroller Raydraft, City Treasurer Mahon, Police Chief Hintz, Deputy Fire Chief Cory, City Engineer Bowen, Assistant Engineer Perl, Commissioner of Public Works Schwab, City Planner Richardson, Building Commissioner Prickett, Environmental Control Officer Lindahl, Assistant Commissioner of Public Works Schaefer, and City Attorney DiLeonardi. There being a quorum present, the meeting was in order. MINUTES: Moved by Chase, seconded by Meyer, to approve the Minutes of the regular meeting held May 21, 1973, as published. Correction, Page 3, paragraph 3, line 8, following word "basis" the following: "and to authorize City Attorney to draft amendment to the ordinance allowing occasional sale of liquor on church property by church organizations". Correction, Page 5, paragraph 2 adding the following: "Officer Lindahl already' contacted the Chicago and Northwestern Railroad and it was taken care of." Motion to approve as corrected declared carried. REPORTS OF The following reports were ordered placed on file: CITY OFFICIALS: Health Department, May; Environmental, May; Engineering, May; City Comptroller's report of 1972 Parking Revenue Bond Construction Account, October 19 to June 4. BIDS MOTORCYCLE POLICE CHIEF DEMOLITION Sr. Citizen's Housing project City Clerk Rohrbach reported that bids for the following will be received June 12, 1973: Cleaning Lime Sludge Pit, Asphalt Spreader, Tar and Asphalt Kettle, Concrete and Asphalt Saw. Moved by Koplos, seconded by Hinde, to open only bid received June 1 for Motorcycle. Bid received from North Shore Harley-Davidson for $2,217.55 less trade-in of $500 was referred to Police and Finance Committees. Police Chief Hintz reported there were 32 accidents during Memorial Day Holiday weekend resulting in 6 injuries with 12 persons, none seriously. He further reported the Department has made several good arrests for theft, burglarly, and possession. A meeting is scheduled next week to finalize plans for the VFW convention and parade, June 22. Following Building Commissioner's report on request received from Mr. Walchirk, Executive Director of Cook Co. Housing Authority that City solicit bids for the demolition of remaining buildings on property to be used for Sr. Citizen's Housing, it was moved by Swanson, seconded by Erbach, to authorize Building Commissioner to solicit bids and receive acceptance of same in writing from Cook Co. Housing Authority before issuing Demolition Permit. Motion declared carried. 1738 Rand Rd. Alderman Koplos questioned Building Commissioner re use of property located at 1738 Rand Road and requested that a full investigation of use of property be made and forwarded to City Attorney's office for review. kg/ Rand Rd. near Hawthorne Ln. properties 2 6/4/73 Page two Alderman Szabo questioned Building Commissioner re use of certain properties on the north side of Rand Road between Des Plaines River and Hawthorne Lane. Building Commissioner was requested to conduct an investigation of said properties and report to City Council at the next regular meeting. SUIT - Following report of City Attorney DiLeonardi re his efforts Taxing Bodies to coordinate joint representation on a permanent basis in the suit filed against several taxing bodies relating to ruling requiring that Cook County be divided into four assessment districts, it was moved by Erbach, seconded by Swanson, that the City Attorney be retained to represent the City of Des Plaines in said case. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 2 - Kehe, Bolek Motion declared carried. SUIT - Richard Peterson Firemen's Pension Bd. CITY TREASURER Gasoline Key System REPORTS OF COMMITTEES: Subdivisions ZONING CASE 73-30-V 'S.W. Corner Lee & Touhy City Attorney DiLeonardi reported that the Illinois Supreme Court ruled in favor of the City in the Richard Peterson -Firemen's Pension Board case and a letter will be sent to Richard Peterson restating the City's position re placement in the Fire Prevention Bureau. City Treasurer Mahon submitted report to City Council re cash report for the month of April. Referred to the Police and Finance Committee and Commissioner of Public Works was the suggested system of using keys to gasoline pumps at the City Garage for gasoline for City vehicles. Moved by Swanson, seconded by Erbach, to adopt the recommendation of Municipal Development Committee to amend the resolution adopted November 20, 1972, relating to public improvements in subdivisions, to include City Planner's recommendations as follows: "no bond or deposit requirement for public improvements for subdivisions of five lots or less when in the judgaent of the Plane Commission with advice of City Engineer, no imminent general improvements are expected in the area of subdivision." Motion declared. Moved by Swanson, seconded by Birchfield, to adopt the recommendation of Municipal Development Committee to concur with recommendation of Zoning Board of Appeals in Case 73-30-V to grant Variation from the required 45 -foot height to 75 feet and to authorize City Attorney to prepare necessary ordinance for further consideration by the Council. Moved by Erbach, seconded by Olen, to amend motion to restrict height to 65 feet. Olen withdrew second and Sarlo seconded the motion. Motion declared lost. Moved by Erbach, seconded by Olen, to amend motion to restrict height of proposed building so as not to exceed height of present building located at 999 Touhy Avenue. Upon roll call, the vote was: AYES: - 11 - NAYS: 4 - ABSENT: 2 - Koplos, Szabo, Olen, Chase, Birchfield, Swanson, Seitz, Abrams, Ward, Mayor Kisslinger, Hinde, Sarlo, Meyer Kehe, Bolek Motion to amend declared carried. vote on the motion as amended was: AYES: - 12 - Koplos, Szabo, Olen, Chase, Birchfield, Swanson, Seitz, NAYS: 3 - Erbach, Sarlo, Meyer ABSENT: 2 - Kehe, Bolek Motion as amended declared carried. Erbach, Upon roll call, the Kisslinger, Hinde, Abrams, Ward, Mayor 6/4/73 Page three LAURIE ANN Moved by Swanson, seconded by Meyer, to adopt the recommendation O'TOOLE of Municipal Development Committee to approve Plat of Laurie SUBDIVISION Ann O'Toole Subdivision located at approximately 2252 Eastview Avenue, and to authorize execution thereof. Motion declared carried. ZONING CASE Moved by Swanson, seconded by Olen to adopt the recommendation 73 -33 -RV of Municipal Development Committee to concur with Zoning Board 1297 Harding of Appeals in Case 73 -33 -RV - property located at 1297 Harding, and to authorize City Attorney to prepare ordinance for further consideration by the City Council. Motio ndeclared carried. ZONING CASE 73-39-R 1289 Harding ALCOHOLIC. BEVERAGES Churches Private Schools BEER ONLY Churches Private Schools WATER WELL No. 6 Pump & Cable WATER TANK PAINTING Oakton & Penna. WATER METERS Moved by Swanson, seconded by Szabo to adopt the recommendation of Municipal Development Committee to concur with Zoning Board of Appeals in case 73-39-R - property located at 1289 Harding Avenue, and to authorize City Attorney to prepare necessary ordinance for further consideration by the Council. Motion declared carried. Moved by Koplos, seconded by Szabo, to adopt the recommendation of License and Inspection Committee that the Mayor be authorized to issue a Special Occasion liquor license to churches and private schools in connection with their social fund raising events. The churches and private schools shall have the right to apply for said license for not more than eight social events, not to exceed a total of ten days in any one calendar year - city attorney to draft the necessary ordinance under the home rule provisions. Motion declared carried. Moved by Koplos, seconded by Olen, to adopt the recommendation of License and Inspection Committee that a resolution be passed under the home rule provisions, authorizing the Mayor to permit the sale of "beer only" on premises in connection with bingo on a once per week basis for a period of ninety days by churches and private schools. Motion declared carried. Alderman Kisslinger voted No. Moved by Koplos, seconded by Kisslinger, to adopt the recom- mendation of Water and Sewer Committee to award the contract to pull the pump and cable from Water Well No. 6 to Layne - Western of Aurora, Illinois, in the amount of $2,270.00, checks and or bid bonds to be returned to the unsuccessful bidders. Upon roll call, the vote was AYES: - 15 - Koplos, Szabo, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 2 - Kehe, Bolek Motion declared carried. Moved by Koplos, seconded by Abrams, to adopt the recommendation of Water and Sewer Committee to award the contract to paint the elevated water reservoir tank located at Oakton Street and Pennsylvania Avenue to Craftsmen of Oak Forest, Illinois, in the amount of $17,990.00, checks and or bid bonds to be returned to the unsuccessful bidders. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Olen, Chase, Kisslinger, Hinde, Birchfield, ERbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 2 - Kehe, Bolek Motion declared carried. Moved by Koplos, seconded by Sarlo, to adopt the recommendation of Water and Sewer Committee that the City purchase 100 #03326 Modernization kits and 100 5/8" x 1/2" M.W.D.-F/P meters as specified in Commissioner of Public Works Schwab's letter dated May 15, 1973, from Gamon Industrist in the amount of $7,144.00, waiving the usual bid procedures. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 2 - Kehe, Bolek MOtion declared carried. ORDINANCES B-2, B-3, B-4 REMODELING 1522 Miner ZONING ADMR. CITIZENS ACTION PROGRAM DANCE STUDIO C-1 District DAY CARE FACILITIES Text Amendment ENVIRON- MENTAL CONTROLS NORTHWEST OPPORTUNITY CEN TE R BILLS PAYABLE ORDINANCE M-24-73 Bonds Civic Center 6/4/73 Page four 4 Moved by Erbach, seconded by Birchfield, to adopt the recommenda- tion of Building Control and Inspection Committee that Ordinances B-2, B-3, and B-4 be withdrawn from consideration by the City Council and further reviewed and revised by the City Attorney, City Engineer and Building Control and Inspection Committee. Motion declared carried. Moved by Erbach, seconded by Szabo, to adopt the recommendation of Building Control and Inspection Committee that the request of Mandas Brothers to remodel back portion of building located at 1522 Miner Street be denied. Motion declared carried. Moved by Abrams, seconded by Szabo, to adopt the recommendation of City Code and Judiciary Committee to authorize City Attorney to prepare necessary ordinances and zoning text amendments to allow the City Planner to become Zoning Administrator also. Motion declared carried. Moved by Abrams, seconded by Chase, to adopt the recommendation of City Code and Judiciary Committee to allow Citizens Action Program to conduct a fund drive in the City of Des Plaines subject to meeting all requirements of the Code. Motion declared carried. Moved by Abrams, seconded by Chase, to adopt the recommendation of City Code and Judiciary to authorize the City Attorney to prepare a text amendment for presentation before the Zoning Board to include dance studios as a permitted use in the C-1 Commercial District. Motion declared carried. Moved by Abrams, seconded by Chase, to adopt the recommendation of City Code and Judiciary Committee to authorize City Attorney to prepare text amendment to Zoning Ordinance for further review of City Code and Judiciary Committee and City Council in accordance with proposed requirements as prepared by City Planner. Upon roll call, the vote was: AYES: - 11 - Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Seitz, Abrams, Ward, Mayor NAYS: 4 - Koplos, Szabo, Sarlo, Meyer ABSENT: 2 - Kehe, Bolek Motion declared carried. Alderman Birchfield, Chairman of Environmental Controls Committee reported that Chicago and Northwestern Railroad has communicated with Environmental Officer Lindahl and he is awaiting further action with regard to buffer zone. Moved by Koplos, seconded by Sarlo, to table motion to allocate $3,487.98 to Northwest Opportunity Center. Motion declared carried. Alderman Birchfield voted No. Moved by Hinde, 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, $215,974.15. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 2 - Kehe, Bolek Motion declared carried. Moved by Hinde, seconded by Swanson, to adopt the recommendation of Finance and Insurance Committee to place Ordinance M-24-73 on second reading. Moved by Hinde, seconded by Szabo, to pass Ordinance M-24-73, Establishing the Procedures to be Followed in Incurring Indebtedness for Evidence such Indebtedness and Authorizing and Directing the Levying of a Tax for the Purpose of Paying Principal of Such Bonds and Interest Thereon as the Same Become Due. Upon roll call, the vote was: �L� ORDINANCE M-24-73 Coned) RESOLUTION R-9-73 Elections Code Bill ORDINANCE A-5-73 Oakton & Elmhurst ORDINANCE A-6-73 Oakton & Elmhurst ORDINANCE M-25-73 Alcoholic Liquors, Church, School ORDINANCE M-26-73 Farm Animals ORDINANCE M-27-73 Horses 'ORDINANCE M-28-73 Liquor License Violations ORDINANCE M-29-73 DOG LICENSES 6/4/73 5 Page five AYES: - 15 - Koplos, Szabo, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 2 - Kehe, Bolek Motion declared carried. Moved by Swanson, seconded by Meyer, to pass Resolution R-9-73 opposing Senate Bill 1161, the Election Code Bill, in its present form and urging an amendment to provide a separate Election Code for Municipalities in Chapter 24 of the Illinois Revised Statutes. Motion declared carried. Moved by Abrams, seconded by Ward, to waive First Reading of Ordinance A-5-73, annexing certain lands lying northeast of the intersection of Oakton Street and Elmhurst Road. Motion declared carried. Moved by Abrams, seconded by Ward, to pass Ordinance A-5-73. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 2 - Kehe, Bolek Motion declared carried. Moved by Ward, seconded by Abrams, to waive First Reading of Ordinance A-6-73 annexing certain lands lying on the southwest corner of Oakton Street and Elmhurst Road. Motion declared carried. Moved by Abrams, seconded by Ward to pass Ordinance A-6-73. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 2 - Kehe, Bolek Motion declared carried. Moved by Erbach, seconded by Birchfield, to waive First Readiing3 of Ordinance M-25-73 Amending Section 5-34-14 of the City Code, Having to Do With Location Restrictions for the Sale of Alcoholic Liquors, and Permitting Same Upon. Church and Certain School Premises Under Special Occasion Licenses. Motion declared carried. Moved by Erbach, seconded by Birchfield to pass Ordinance M-25-73. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS 0 - None ABSENT: 2 - Kehe, Bolek Motion declared carried. Placed on First Reading was Ordinance M-26-73 Amending Chapter 3 of Title VI of the City Code Having to do with Animals, By Prohibiting the Keeping of Farm Animals. Placed on First Reading was Ordinance M-27-73 Amending Chapter 3 of Title VI of the City Code Having to Do With Animals, By Prohibiting the Keeping of Horses Except Under Certain Circumstances Placed on First Reading was Ordinance M-28-73 Amending Chapter 34 of Title V of the City Code by Adding Thereto a New SEction 28 Providing for the Right to Recover Fees and Costs in Cases of Violation Found by The Liquor Commissioner. Placed on First Reading was Ordinance M-29-73 Amending Section 6-4-4 of the City Code Having to Do With Dog Licenses, By Exempting Persons Over the Age of 65 Years from License Requirements. ORDINANCE M-30-73 LIQUOR LICENSES ORDINANCE Z-12-73 1297 Redeker ORDINANCE Z-13-73 Sr. Citizen Housing ZONING CASE 73 -26 -PUD -V Downtown ZONING CASE 73-35-R 73-36-R 581 River ZONING CASE 73-37-R 1656 Rand LIQUOR LICENSE Swiss Bay. MAYOR PARKING PERRY ST. U.N.DAY CHAIRMAN VEHICLES BONDS APPOINTMENT PLAN COMMISSION ILLINOIS ST. PARKING DEVON AVE. Parking 6/4/73 6 Page six Placed on First Reading was Ordinance M-30-73 Creating a New Class H Liquor License for Beer and Wine Only; Decreasing The Number of Class F Licenses by One (1) and Setting Forth One (1) Class H Liquor License. Placed on First Reading was Ordinance Z-12-73 rezoning property located at 1297 Redeker Road to M-2 General Manufacturing District. Placed on First Reading was Ordinance Z-13-73 Authorizing a Special Use on Certain Premises for the Construction and Operation of Senior Citizen Housing. Referred to Plan Commission. The letter from Des Plaines Zoning Board of Appeals and Plan Commission re Case 73 -26 -PUD -V - Downtown Redevelopment was referred to Municipal Development Committee. The letters from Des Plaines Zoning Board of Appeals re Cases 73-35-R and 73-36-R - property located at 581 River Road and adjacent were referred to Municipal Development Committee along with Petition signed by property owners voicing no objectiba to rezoning of subject property. The letter from Des Plaines Zoning Board of Appeals re Case 73-37-R - property located at approximately 1656 Rand Road was referred to Municipal Development Committee. The request of Swiss Bavarian Imports, Inc. for Beer and Wine only liquor license at 1930 Touhy Avenue was referred to License and Inspection Committee. The letter from Alderman Seitz re study of Mayor's position as part-time wss referred to City Code and Judiciary Committee. Alderman Szabo's request for repeal of parking restrictions in front of 1374-1380 Perry Street and return to previous prohibitive parking restrictions was referred to Streets, Traffic and Forestry Committee. Mayor Behrel appointed Alderman Spencer Chase as United Nations Day Chairman. Alderman Koplos's request that City require deposit of bonds for vehicles over six tons using city streets within the City of Des Plaines to defray cost of maintenance and repair was referred to Streets, Traffic and Forestry Committee. Moved by Chase, seconded by Meyer, to appoint Mr. David Danniel, 551 Lincoln Street, to fill vacancy on Plan Commission, term to expire April 30, 1979. Motion declared carried. Alderman Erbach's request for removal of "No Parking" restriction at the south end of Illinois Street was referred to Streets, Traffic and Forestry Committee. Alderman Sarlo's request for No Parking signs on the north side of Devon Avenue was referred to Streets, Traffic and Forestry and Mayor Behrel to request State Highway to install same. ADJOURNMENT: Moved by Erbach, seconded by Meyer, that the regular meeting of the City Council adjou n. Motion declared ca5 ed. APPROVED BY ME THIS d/j 1 / /G6 -a, Bertha Eleanor Rohrba¢%, -CITY-CLERK HERBERT H. BEHREL, MAYOR