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08/06/19731 28 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, HELD IN THE COUNCIL CHAMBERS, CITY HALL, August 6, 1973 CALL TO ORDER:The regular meeting of the City Council of the City of Des Plaines was Balled to order by Mayor Herbert H. Behrel at 8:07 P.M. The meeting opened with prayer by Rev. Keith Davis followed by the Pledge of Allegiance to the Flag. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Birchfield, Erbach, Swanson, Sarlo, Meyer, Ward. Absent were Hinde, Seitz, Abrams. Also present were: City Comptroller Blietz, City Treasurer Mahon, Police Chief Hintz, Fire Chief Haag, City Engineer Bowen, Assistant Engineer Perl, Commissioner of Public Works Schwab, City Planner Richardson, Building Commissioner Prickett, Environmental Officer Lindahl, Deputy Clerk Trost, and Corporation Counsel DiLeonardi. MINUTES: Moved by Kehe, seconded by Swanson, to approve the Minutes of the regular meeting held July 16, 1973, as published. Correction: Paragraph three, Page one, add "and Building Commissioner Prickett". Following correction, motion declared carried. REPORTS OF The following reports were ordered placed on file: CITY OFFICIALS: Monthly reports for July of Engineering Department, Environmental Report, Health Department, Building Department. City Comptroller's report of Appropriation of Expenditures January 1 to June 30, 1973. BIDS City Clerk Rohrbach announced that bids will be received August 15th for Heavy Duty Pavement Striper and Metallic Plates and Tags. CITY City Treasurer Mahon submitted report of funds within various TREASURER accounts. POLICE CHIEF FIRE CHIEF COMMISSIONER OF PUBLIC WQRKS CORPORATION COUNSEL Citizens For Better Environment Suit Police Chief Hintz reported that during the month of July the Police Department made 15 arrests for narcotics involving persons 14 years to 20 years of age. Further reported that on August 1st an 18 year old youth was apprehended clearing certain robberies in Des Plaines. As part of the Metro Enforcement Group, drugs have been removed from sellers valued at $15,000. There 59 arrests during July for mis- demeanors and felonies. The auction sale held August 1st for bicycles and miscellaneous items netted the City $1,609.00. Fire Chief Haag reported that the Fire Department responded to a house fire at 365 N. Fifth Avenue, resulting in damages estimated at $20,000 and also August 4th at Royal Court Motel resulting in estimated damage of $2,500. Commissioner of Public Works Schwab reported he received a letter from Department of Highways stating that a 4 -way stop sign could not be installed at the intersection of Church Stree and Potter Road. He further reported that Grand Spaulding Dodge, Inc. could not fulfill their obligation to deliver 4 pick up trucks per specifications and at price submitted. Moved by Bolek, seconded by Kisslinger, to authorize City Corporation Counsel to take necessary legal action against Grand Spaulding Dodge, Inc. in aforementioned matter. Motion declared carried. Corporation Counsel DiLeonardi reported that following last Council meeting and preceding this meeting a Suit had been filed against the City and corresponding officials as wellas other municipalities by Citizens For Better Environment pertaining to their request for permit to solicit funds having been denied. Attorney DiLeonardi reported that their motion for temporary injunction was not allowed by the court and hearing in case is scheduled for September 10th. Moved by V I� Citizen's For Better Environment (Continued) SUIT WESTBANK CORP. CHICAGO & NORTHWESTERN Noise Suit SUIT MSD COMMITTEE REPORTS ZONING CASE 73-45-V Ashland Ave. 8/6/73 Page two 29 Kehe, seconded by Meyer to engage Corporation Counsel DiLeonardi to defend the City in said suit. Upon roll call the vote was: AYES: - 14 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Birchfield, Erbach, Swanson, Sarlo, Meyer, Ward, Mayor NAYS: 0 - None ABSENT: 3 - Hinde, Seitz, Abrams Motion declared carried. Attorney DiLeonardi reported that the Judge in Circuit. Court ordered the Westbank Corporation variation case back to the Zoning Board of Appeals for further hearing, scheduled within the near future. Moved by Koplos, seconded by Meyer to authorize City Planner Richardson and Corporation Counsel DiLeonardi to appear at said Zoning hearing in behalf of the City of Des Plaines. Motion declared carried. Corporation Counsel DiLeonardi reported that the Chicago and Northwestern Railway Co. has filed a motion stating that the Federal Government has entire control on the question of noise and the City has until August 20th to respond to that motion. Alderman Bolek's request for legal opinion re City's right of condemnation of property owned by Metropolitan Sanitary District at Oakton and Elmhurst for use as a golf course was referred to Corporation Counsel DiLeonardi for written opinion. Moved by Swanson, seconded by Kehe, to adopt the recommendation of Municipal Development Committee to concur with Zoning Board of Appeals recommendation to grant variation in Case 73-45-V, Property at 1523 to 1551 Ashland Avenue, and to authorize Corporation Counsel to prepare necessary ordinance for further consideration by the Council. Motion declared carried. MCKAY-NEALIS Moved by Swanson, seconded by Szabo, to adopt the recommendation RESUBDIVISION of Municipal Development Committee to approve the Plat of Stewart\Ave. McKay-Nealis Resubidivision located on Stewart Avenue. Motion declared carried. ZONING CASE Moved by Swanson, seconded by Szabo, to adopt the recommenda- 73-42-V tion of Municipal Development Committee to concur with Zoning 1296 Whitcomb Board of Appeals recommendation to grant variation in Case 73-42-V - property located at 1296 Whitcomb Avenue. Upon roll call, the vote was: AYES: - 6 - Koplos, Szabo, Kehe, Bolek, Kisslinger, Swanson NAYS: 7 - Olen, Chase, Birchfield, Erbach, Sarlo, Meyer, Ward ABSENT: 3 - Hinde, Seitz, Abrams Motion declared Gankal,imed-. OST. COMPREHENSIVE Aldermen Meyer, Ward, and Erbach requested that all Department PLAN Heads, including Library<an at Alderman Chase's suggestion, review the proposed Comprehensive Plan making their recom- mendations to the Mayor within the next two weeks to be then submitted to the Council for further review. EQUIPMENT POLICE DEPT. Slide Projector Moved by Kehe, seconded by Erbach, to adopt the recommendation of Police Committee to purchase one Sound on Slide Projector Recorder Model 625 from the 3 M Business Products Sales Inc. of 1219 Greenbay Road, Wilmette, Ill. for the amount of $885.63 waiving the usual bid procedures. Upon roll call, the vote was: AYES: - 14 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Birchfield, Erbach, Swanson, Sarlo, Meyer, Ward NAYS: 0 - None ABSENT: 3 - Hinde, Seitz, Abrams Motion declared carried. 8/6/73 30 Page three Alderman Seitz arrived at this time REFUSE SACKS Moved by Kisslinger, seconded by Swanson, to adopt the STANDS & recommendationof the Sanitation Committee to award the HOLDERS bid for Plastic Refuse sacks, stands and holders to Tobin- Stahr Company, Inc. at a cost of $6.43 per unit for Holder, $2.46 per unit for stand, and $77.00 per M for refuse sacks. Upon roll call, the vote was: AYES: - 12 - Koplos, Szabo, Kehe, Olen, Bolek, Kisslinger, Birchfield, Erbach, Swanson, Seitz, Ward, Mayor NAYS: 3 - Chase, Sarlo, Meyer ABSENT: 2 - Hinde, Abrams Motion declared carried. FIRE REGU- Moved by Seitz, seconded by Olen, to adopt the recommendation LATIONS of the Fire Committee to authorize City Attorney to review Ammonia and draft necessary ordinance for adoption of rules and regulations governing the storage and handling of Anhydrous Ammonia, as recommended by Lt. Arthur. Motion declared carried. CORNELL & Moved by Ward, seconded by Kehe, to adopt the recommendation HARVARD of Streets, Traffic and Forestry Committee that "slow turn" signs be erected to warn eastbound and northbound traffic at the intersection of Cornell and Harvard, and further to instruct the Public Works Commissioner to check that the eastbound traffic is visible by southbound traffic leaving the Cul-de-sac at said intersection. Motion declared carried. SIDEWALKS Moved by Ward, seconded by Kehe, to adopt the recommendation JANICE AVE. of Streets, Traffic and Forestry Committee to agree to pay one-third of the estimated total cost for installation of sidewalks on the east side of Janice Avenue between Algonquin Road and Elizabeth Lane, in the amount of $6,221.25, the Mount Prospect Park District to pay one third and School District 59 to pay one-third. Motion declared carried. OAKTON & Moved by Ward, seconded by Bolek, to adopt the recommendation LEE\ST. of Streets, Traffic and Forestry Committee that the Mayor LEFTTTtJRN contact Cook County requesting a re-examination of the intersection of Oakton Street and Lee Street for left -turn signals for eastbound and westbound traffic. Motion declared carried. ELIZABETH & Moved by Ward, seconded by Meyer, to adopt the recommendation DEVONSHIRE of Streets, Traffic and Forestry Committee that traffic on YIELD - Elizabeth yield to traffic on Devonshire, City Attorney to draft necessary ordinance. Motion declared carried. TREE Moved by Ward, seconded by Kehe, to adopt the recommendation REMOVAL of Streets, Traffic and Forestry Committee to award the contract for tree removal to Davey Tree Expert at a total cost of $5,723.00, and to return all checks or bonds of unsuccessful bidders. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 2 - Hinde, Abrams Motion declared carried. CLEANING OF Moved by Koplos, seconded by Kisslinger, to adopt the recom- LIME SLUDGE mendation of Water and Sewer Committee to award the contract & REMOVAL for the Cleaning of Lime Sludge and Removal to W & W Excavating and Turcking of Des Plaines, at the rate of $4.40 per cubic yard for removal of approx. 4,000 cubic yards and at the rate of $40 per hour for the dragline for approxi- mately forty-eight hours, checks or bid bonds to be returned to the unsuccessful bidders. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Birchfield, Erbach, Swanson, Sarlo,, Meyer, Seitz, Ward, Mayor 8/6/73 31 Page four LIME SLUDGE NAYS: - 0 - None (Cont'd) ABSENT: 2 - Hinde, Abrams Motion declared carried. Council recessed from 9:45 to 9:55 P.M. AUTOMOBILES Moved by Erbach, seconded by Szabo, to adopt the recommenda- tion of Fire, Building Control and Finance Committees to award the bid for five automobiles to the lowest responsible bidder, Des Plaines Chrysler -Plymouth Sales, Inc. for a net price of $17,753.70, checks and or bid bonds to be returned to the unsuccessful bidders. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 2 - Hinde, Abrams Motion declared carried. SIGN Moved by Erbach, seconded by Koplos, to adopt the recommenda- 444 Des tion of Building Control and Inspection Committee to Plaines Ave. deny request for Sign Permit at 444 Des Plaines Avenue. Motion declared carried. SIGN Moved by Erbach, seconded by Szabo, to adopt the recommendation 615 W. Golf of Building Control and Inspection Committee to deny request of sign permit at 615 W. Golf Road for oversized sign. Motion declared carried. CONFLAGRATION Alderman Szabo's request for code interpretation of require - DISTRICT ments of fire rated materials in the C-4 and R-5 Conflagration C -4--R5 districts, as to whether requirements in the C-4 District should also be in the R-5 District was referred to the Building Control and Inspection Committee. MOBILE Moved by Meyer, seconded by Sarlo, to adopt the recommendation TRAILERS of Civil Defense and Beautification Committee to amend the City Code re requirements for mobile home tiedown and to authorize the City Attorney to draft the necessary amendment to the ordinance as suggested by U. S. Department of Defense. Motion declared carried. BILLS Moved by Swanson, seconded by Sarlo, 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, $404,709.42. Moved by Koplos, seconded by Szabo to withhold from payment Voucher #8572 in the amount of $1,142.50. Motion declared carried. Moved by Chase, seconded by Bolek to withhold from payment Voucher #8559, in the amount of $1,951.00. Motion declared carried. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 2 - Hinde, Abrams Motion declared carried. ORDINANCE Moved by Meyer, seconded by Sarlo, to adopt Ordinance M-33-73 M-33-73 Amending Title II of the City Code by Adding Thereto a New Beautification Chapter to be Known as Chapter 18 Entitled "Beautification Commission Commission." Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS? 0 - None ABSENT: 2 - Hinde, Abrams Motion declared carried. (�//V 8/6/73 Page five 32 ORDINANCE Moved by Swanson, seconded by Kehe, to adopt Ordinance Z-15-73 Z-15-73 Granting a Variation Under the Zoning Ordinance of the City 790 Lee St. of Des Plaines, Case No. 73-32-V, property located at 790 Lee Street. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 2 - Hinde, Abrams Motion declared carried. ORDINANCE Moved by Szabo, seconded by Kehe, to adopt Ordinance Z-16-73 Z-16-73 Rezoning Certain Land from R-2 Single Family Residence 905 W. District to the R-4 Multiple Family Residence District and Dempster Authorizing a Special Use in the Nature of a Planned Unit Development Under the Zoning Ordinance of the City of Des Plaines., Case 73-19-R (PUD), property located at approx. 905 W. Dempster. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 2 - Hinde, Abrams Motion declared carried. ORDINANCE Placed on First Reading was Ordinance M-34-73, Levying Taxes M-34-73 for Corporate Purposes of the City of Des Plaines, Cook Tax Levy County Illinois for the Fiscal Year Commencing January 1, 1973 And Ending December 31, 1973. ORDINANCE Placed on First Reading was Ordinance Z-17-73 Amending the Z-17-73 Text of the Zoning Ordinance regarding the Office of Zoning Zoning Administrator. Admr. ORDINANCE Placed on First Reading was Ordinance M-35-73 Amending Title M-35-73 1, Chapter 19 of the City Code Having to do with the Office Planning & of the Director of Planning and Zoning. Zoning ORDINANCE Placed on First Reading was Ordinance Z-18-73 Amending Z-18-73 Ordinance Z-14-73 Creating a Planned Unit Development In Downtown The Central Business District, by Altering the Time Periods Redevelopment Set Out in Section 2 Thereof. MFT Resolution Moved by Kehe, seconded by Koplos, to adopt a Supplemental Mass Resolution Appropriation $17,000 MFT Funds for the Maintenance Transit of the Des Plaines Mass Transit District, Section 93 TD. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 2 - Hinde, Abrams Motion declared carried. KOVALIK'S Plat of Kovalik's Resubdivision was referred to the Plan RESUBDIVISION Commission, located at 1434 Wedgewood. VACATION Letter of recommendation from the Plan Commission re ALLEY Vacation of Alley at 1633 River Street was referred to the 1633 River Municipal Development Committee. MICHAEL REID Plat of Michael Reid Resubdivision located at Wolf and Forest RESUBDIVISION was referred to the Plan Commission. ZONING TEXT Letter from City Planner Richardson regarding certain AMENDMENTS recommendations for Text Amendments was referred to the Municipal Development Committee. FOREST HOSPITAL Letter from Jordan A. Minerva re use of property by owners Forest Hospital was referred to City Attorney. PETITIONS Mill & River Area SIDEWALK SALE ILLINOIS MUNICIPAL LEAGUE NORTHWEST MUNICIPAL LEAGUE APPOINTMENT Human Relations APPOINTMENT YOUTH COMMISSION ORDINANCE M-36-73 Liquor Lic. ORDINANCE Z-19-73 1372 Redeker ORDINANCE Z-20-73 1419 Redeker CLASS Wf' LIQUOR LIC. CLASS A LIQUOR LIC. HISTORICAL SITE ACQUISITION DEVON & RIVER 8/6/73 33 Page six The petition from property owners in the Mill Street, River St., River Rd. area going on record that their properties remain under the R-5 Zoning District and the petition requesting the City Council to rezone properties in the Mill St. River St. area to R-2 Single -Family District were referred to the Municipal Development Committee. Moved by Koplos, seconded by Bolek, to grant permission to the Retail Division of the Des Plaines Chamber of Commerce and Industry to hold a Sidewalk Sale on August 24th and 25th. Motion declared carried. Moved by Koplos, seconded by Seitz to appoint Mayor Behrel as delegate and Alderman Bolek as alternate for the Annual Conference of the Illinois Municipal League. Moved by Koplos, seconded by Meyer, to appoint Alderman Hinde as alternate delegate to the Northwest Municipal Conference. Motion declared carried. Moved by Birchfield, seconded by Erbach, to concur with Mayor Behrel's appointment of Mrs. George Mallett, 2269 Birch Street, to the Des Plaines Human Relations Commission, term expiring December 31, 1975. Motion declared carried. Moved by Sarlo, seconded by Seitz, to concur with Mayor Behrel's appointment of Mrs. June Celichowski as chairman of the Des Plaines Youth Commission for term of office. Motion declared carried. Placed on First Reading was Ordinance M-36-73 amending Section 4-34-10 of the City Code by Increasing the Number of Class H Liquor Licenses by One (1). Placed on First Reading was Ordinance Z-19-73, rezoning property located at 1372 Redeker Road to M-1 Restricted Manufacturing District. Placed on First Reading was Ordinance Z-20-73 rezoning property located at 1419 Redeker Road to M-2 General Manufacturing District. The request of Plush Pup. for Class A Liquor License was referred to License and Inspection Committee. The request Of-_•Wursthouse, 2695 Mannheim Road for Class A liquor license was referred to License and Inspection Committee. Alderman owned by site was Landmark Olen's letter re acquisition of certain property the Franzen family on River Street for a historical referred to the Finance Committee and Historical Commission. Alderman Sarlo's request for left -turn signals at Devon Avenue and River Road was referred to Mayor Behrel to correspond with State of Illinois. RESOLUTION Moved by Koplos, seconded by Birchfield to adopt Resolution R-11-73 R-11-73 urging legislators to act immediately on the Regional Mass Transit Transportation Authority legislation. REDISTRICTING Alderman Bolek requested that the City Clerk prepare a pro- posed map to redistrict the City prior to the 1975 election rounding out certain ward boundaries. ADJOURNMENT: Moved by Kehe, seconded by Kisslinger, that the regular meeting of the City Council adjourn. Motion declared carr. d. APPROVED BY ME THIS (Zit -ex -a -41/-7-e4 Bertha Eleanor Rohrbach, CI Y CLERK