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10/01/19731 r 62 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, HELD IN THE COUNCIL CHAMBERS, CITY HALL, MONDAY, October 1, 1973 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines was called to order at 8 P.M. by Mayor Herbert H. Behrel. The meeting opened with prayer by Father H. Pecken- paugh, pastor of St. Martin's Episcopal Church, 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, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams. Absent was Alderman Ward Also present were: City Treasurer Mahon, City Comptroller Blietz, Police Captain Mensching, Fire Chief Haag, Building Commissioner Prickett, City Engineer Bowen, Asst. Engineer Perl, Commissioner. of Public Works Schwab, Assistant Commissioner of Public Works Schaeffer, Director of Planning and Zoning Richardson, Environmental Officer Lindahl, Deputy Fire Chief Cory, and City Attorney Bouril. MINUTES: Moved by Meyer, seconded by Kehe, to approve the Minutes of the regular meeting held September 17, 1973, as published. Motion declared carried. Moved by Meyer, seconded by Swanson, to approve the Minutes of the adjourned meeting held September 24, 1973, as published. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. REPORTS OF %he following reports. were ordered.placed on file for the. CITY OFFICIALS: month of Septemb.er::...Department. o.f Planning and Zoning; Engineering Department; Environmental;_Public Works Department; Building Department; Health Department. CITY TREAS. COMMISSIONER OF PUBLIC WORKS Penna. Ave. Sewer CITY ENGINEER CITY ATTORNEY City Treasurer Mahon submitted report of Treasury. Commissioner of Public Works Schwab reported that last week the Department handled a cave-in of Sanitary Sewer on Pennsylvania and made emergency repairs, City Engineer Bowen reported that he contacted the George Kennedy Company, low bidder for Sewer Back -Up Valve Improvements 1973, Contract #I for unit prices for the replacement of the Sanitary Sewer on a time and material basis, Moved by Koplos, seconded by Kisslinger to authorize George Kennedy Company to proceed with the necessary installation of sanitary sewer at a cost not to exceed $4,290.00, and waiving the usual bid procedures. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. City Engineer Bowen reported that he_and Commiss,ioner.of Public Works Schwab attended. the American "public Works Conference in Denver and a short report is forthcoming. He further reported that the Janice Avenue. sidewalks are. completed, except for back filling, as are the Dempster - Thacker Street sidewalks. Also that Wolf Road sidewalks are completed except for back filling. Well No. 6 is back in service and Well #5 is still out of service. the Street Maintenance work will be completed this week. City Attorney Bouril reported that legal opinion regarding Protest Petition filed in Zoning Case was prepared and sub- mitted to Municipal Development Committee. Also reported on various cases before the courts. of) 1 1 NIMLO CON FE REN CE COMMITTEE REPORTS: ZONING CASE 73-54-R 959-987 Oakton St. ZONING CASE 73-48-R 10/1/73 63 Page two Moved by Koplos, seconded by Hinde, that City Council approve the expenses of City Attorney Bouril to attend the Nimlo Conference in Dallas, Texas, October 21 thru October 23. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. Moved by Swanson, seconded by Szabo, to adopt the recommenda- tion of Municlpal Development Committee to concur with recommendation of Zoning Board of Appeals to grant petition to rezone property located at 959 to 987 Oakton Street, Case 73-54-R and to authorize City Attorney to prepare the necessary ordinance for further consideration by the Council. The Protest Petition filed in said case was discussed and legal opinion submitted to Committee stated that said petition would not require a 2/3 vote of the City Council. Upon roll call, the vote was: AYES: - 7 - Koplos, Szabo, Kehe, Kisslinger, Hinde, Birchfield, Swanson. NA YS: 8 - Olen, Bolek, Chase, Erbach, Sarlo, Meyer, Seitz, Abrams ABSENT: 1 - Ward Motion declared lost. Moved by Swanson, seconded by Hinde, to adopt the recommenda- tion of Municipal.Development.Committee to concur_with 791 Graceland recommendation of Zoning Board of Appeals in Case 73-48-R, to deny petition to rezone property located at 791 Graceland Avenue . Motion declared carried. MARIE ANDERSON'S RESUBDIVISION Greenleaf Moved by Swanson, seconded.by Hinde, to adopt the recommenda- tion of Municipal Development. Committee. to approve. the Plat of Marie Anderson's Resubdivision, and -to authorize execution thereof. Motion declared carried. TEXT AMENDMENT Moved by Sarlo, seconded by Meyer, to authorize City Attorney ZONING ORD. to prepare text amendment to Zoning Ordinance and petition - Zoning Board of Appeals to require that residential lots be 125 feet in depth. Motion declared carried. ZONING CASE 73-42-V 1296 Whitcomb HOTEL- MOTEL TAX 111, TREES Motion to concur with the recommendation of the Municipal Development Committee to concur with recommendation of Zoning Board of Appeals.. in Case 73-42-V, 1296 Whitcomb Avenue, to grant variation, and to authorize City Attorney to draft necessary ordinance for further consideration by City Council, deferred at regular meeting. held September 17, 1973, was brought to the floor. Following discussion, the roll call vote was: AYES: - 6 - Koplos, Szabo, Kehe, Bolek, Kisslinger, Hinde NAYS: 8 - Olen, Chase, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams ABSTAIN 1 - Swanson ABSENT: 1 - Ward Motion declared lost. Moved by Bolek, seconded by Olen, to concur with recommendation of License and Inspection Committee to authorize City Attorney to draft necessary ordinance to tax hotels and motels. at 2% of total revenue received from room rental, up to thirty consecutive days, excluding meeting rooms, payablebefore the 1.25th day of each month following month of collection. Motion declared carried. Moved by Kehe, seconded by Hinde, to adopt the recommendation of Streets, Traffic and Forestry Committee, to award the contract for 350 trees to Simonsen's Nursery, Mt. Prospe c t, at a total cost of $3,675.00, per bid recek ved. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Mayor NAYS: 0 - None ABSENT: - 1 - Ward Motion declared carried. hfk SEWER BACK-UP VALVE IMPROVEME 1973 - CONTRACT No. 1. 10/1/73 Page three 64 Moved by Koplos, seconded by Abrams, to adopt the recom- NTS mendation of Water and Sewer Committee to award the contract for Sewer Back -Up Valve Improvements 1973 - Contract #I to George Kennedy of Antioch, Illinois, in the amount of $141,500.00, checks and or bid bonds of unsuccessful bidders to be returned. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. SEWAGE PUMP HOWARD STREET STORM SEWER CREEK DREDGING Farmer's & Prairie SIDEYARD Jewel Osco Thacker- Elmhurst hacker- Elmhurst Rd. Moved by Koplos, seconded by Abrams, to adopt the recommenda- tion of Water and Sewer Committee to award the contract for one eight inch permanent sewage pump and four six inch portable sewage pumps and accessories to B & T Pump Distributors of Hinsdale, 111. in the amount of $16,672.00. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. Moved by Koplos, seconded by Sarlo, to adoptthe recommenda- tion of Water and Sewer Committee.. to authorize City Clerk to advertise for bids for Howard Street Storm Sewer Improvement project, returnable October 25, 1973, at 3 P.M. Motion declared carried. Moved by Koplos, seconded by Szabo, to adopt the recommenda- tion of Water and Sewer Committee to award a contract to Land and Lakes Co., at a cost not to exceed $10,000, waiving the usual bid procedure,... for the Dredging of Farmer's and Prairie Creek, work to be completed by December 31, 1973. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. Deferred motion re recommendation of Building Control and Inspection Committee to allow construction of Jewel Osco Building at southeast corner of Thacker -Dempster with less than five foot sideyard was withdrawn. Moved by Erbach, seconded by Abrams, to adopt the.recommenda- tion of Building Control and Inspection Committee to accept solution to construction of Jewel Osco Building outlined at meeting held in Mayor's office on September 21, 1973, which consists of moving the existing driveway to a point 121 feet west of building and providing a low planter to prevent traffic cutting across. Motion declared carried. OCCUPANCY Moved by Erbach, seconded by Meyer, to adopt the recommenda- CERTIFICATES_ _.tion of Building Control and Inspection Committee to authorize City Attorney to prepare an amendment to Building Code, inserting all of Section 9.D of Zoning Ordinance, except that all references to Zoning Administrator be revised to read "Building Commissioner". Motion declared carried. ZONING FEES Appeal Moved by Erbach, seconded by_Szabo, to adopt the recommenda- tion of Building Control and Inspection Committee to authorize City Attorney to draft amendment to Resolution R-2-70, defining the following fees for appeal from the Zoning. Administrator's rulings: Filing fee, $25.00 - Court Reporter Fee, $25.00. Motion declared carried. FENCE St. Mary's Church ORDINANCE B-5-73 HISTORICAL MUSEUM FUND CITY CODE BOOKS TREES ENVIRONMENTAL CONTROLS COMMISSION Badges BILLS PAYABLE: AUDIT 10/1/73 Page four 65 Moved by Erbach, seconded by Szabo, to adopt_the recommendation of Building Control and Inspection. Committee to authorize Building Commissioner to issue permit allowing a ten foot fence along the rear property lines of the St. Mary's Church parking lot - playground erected 6 inches inside. rear property line, City Attorney to draft the necessary ordinance. Motion declared carried. Moved by Erbach, seconded by Szabo.,. ta adopt the _recommendation of Building Control and Inspection .Committee_.that Ordinance B-5-73, Section 3, be amended to delete the word "existing". Motion declared carried. Moved by Chase, seconded.by Erbach,.to adopt the recommendation of Library and .Historical Society Committee to_ transfer $2,750.00 from. the General. Corporate Fund to. the .Hi.stor.i.cal Museum Building Fund account. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo,.Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbaeh, Swanson, Sarlo, Meyer, Seitz, Abrams NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. Moved by Abrams, seconded by Seitz, to adopt the recommenda- tion of City Code and Judiciary Committee.that the City purchase 100 copies o.f the City Code from Sterling Codifier, Inc. at a cost of $2,431.00, waiving bids procedures, subject to sufficient funding -in the present budget. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. Moved by Meyer, seconded..by . Sarlo.,. _ to adopt the recommenda- tion of Civil Defense and..,Beautif.i.ca.tion_.Committee to advertise for bids. for.. trees per Forester's specifications, to be planted on west side of Greco Avenue from Touhy Ave. to Pratt Avenue and north side of Oakton Street from Mt. Prospect Road west to Elmhurst Rd., returnable October 12, at 3 P.M. Motion declared carried. Moved by Birchfield,.seconded.by Erbach, to adopt the recommendation of Environmental Control Committee to concur with Environmental Controls Commission. to give.badges.in recognition of efforts to improve the environment projects at the discretion of the commission. and to hold a contest to design said badges. Motion declared carried. Moved by Hinde, seconded by Kehe, to adopt the following resolution: BE IT RESOLVED_BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS. ARE' DUE.AN.D PAYABLE. AND THE MAYOR AND CITY ' CLERK. BE AND ARE .HEREBY_AUTHORIZED. TO MAKE PAYMENT FOR SAME: Total $230,419.82. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo,. Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. Moved by Hinde, seconded by Bolek, to adopt_ the re.commendati,on of Finance and Insurance Committee.,_ .to_ authori.z.e_ Donald E. Bark, Certified Public Accountant, to. perform the audit of City funds for the year ended December 31, 1973, at a cost of between $9,000 and $10,000.00. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams h�� AUDIT Continued ORDINANCE T-19-73 Dover Dr. ORDINANCE B-5-73 Sanitation and Plumbing Requirements RESOLUTION R-17-73 Blood Donor Contract ORDINANCE Z-23-73 Munni p l Bldg ORDINANCE Z-24-73 Te :t Amendment ORDINANCE Z-25-73 1297 Harding ORDINANCE Z-26-73 1289 Harding ORDINANCE T-20-73 Load Limits ZONING CASE 73-55-R 780 W.Oakton 10/1/73 Page five NAYS _ 0 - None ABSENT: 1 - Ward Motion declared carried. 66 Moved by Abrams, seconded by Seitz, to adopt Ordinance T-19-73 AMENDING SCHEDULE I of SECTION 10-5-4 OF THE.CITY CODE BY PROHIBITING PARKING ALONG THE NORTH SIDE OF. DOVER DRIVE BETWEEN PENNSYLVANIA AVENUE AND MIAMI LANE. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. Moved by Erbach, seconded by Meyer, to adopt. Ordinance B-5-73 as amended, AN ORDINANCE. AMENDING ARTICLE 86 OF THE DES PLAINES BUILDING CODE AND ORDINANCE HAVING TO DO WITH SANITATION AND PLUMBING REQUIREMENTS. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams None NAYS: 0 - ABSENT: 1 - Ward Motion declared carried. Moved by Erbach, seconded by Birchfield., to adopt Resolution R-17-73 A RESOLUTION OF THE. CITY COUNCIL OF. THE CITY OF DES PLAINES, ILLINOIS, APPROVING FORM OF GROUP BLOOD DONOR CONTRACT, AND AUTHORIZING SIGNATURE BY HEALTH OFFICER ON BEHALF OF CITY. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams NAYS: 0 - None ABSENT: 1 - Ward Motion declared carried. Placed on First was Ordinance Z-23-73 - rezoning City owned real estate located on the Notth side of Miner Street, .beginning at 1428 Miner Street and extending west to Graceland Avenue to C-4 Central Business District. Placed on First Reading was Ordinance Z-24-73, AMENDING THE TEXT OF THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, relating to Municipal Buildings. Placed on First Reading was Ordinance Z-25-73, AMENDING THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, rezoning property located at 1297 Harding Avenue to R-5 Central Core Multiple Family District. Placed on First Reading was Ordinance Z-26-73, AMENDING THE ZONING ORDINANCE OF THE CITY OF DES.PLAINES.,_ILLINOIS, rezoning property located at 1289 Harding Avenue to R-5 Central Core Multiple Family District. Placed on First Reading was Ordinance T-20-73 AN ORDINANCE AMENDING SECTION 10-8-16 OF THE CITY CODE. HAVING. TO DO WITH MAXIMUM WEIGHT OF VEHICLES ON CERTAIN STREETS, BY PROHIBITING. VEHICLES IN EXCESS OF 6,000 POUNDS.GROSS.WEIGHT FROM BEING DRIVEN ON THE ENTIRE LENGTH OF RIDGE. LANE, LINCOLN AVENUE EAST OF ELMHURST, AND SHORT TERRACE BETWEEN OAKTON STREET AND LINCOLN AVENUE. Letter from Zoning Board of Appeals. re Case 73-55-R - property located at 780 W. Oakton Street was referred to Municipal Development Committee. SIDEWALKS Birch St. LIEDBERG RESUBDIVISION River Drive MICHAEL REID SUBDIVISION Forest &Wolf ORDINANCE M-41-73 Liquor Lic. PARKING Downtown PUBLIC ACCESS LAW HANDICAPPED PARK. DISTRICT Parking. RESIGNATION Fire Chief Haag APPOINTMENT Fire Chief DEPUTY FIRE CHIEF COMPREHENSIVE PLAN RESOLUTION MSD Plant location ADJOURNMENT: 10/1/73 Page Six Request for sidewalks to be installed on Birch Street, immediately north of Touhy Avenue was referred to Streets, Traffic and Forestry Committee. Plat of Liedberg Resubdivision on River Drive was referred to Plan Commission. 67 Plat of Michael Reid Subdivision located.at Forest Avenue and Wolf Road and letter of recommendation from. Plan. Commission was referred to Municipal Development Committee. Ordinance M-41-73 - AN ORDINANCE AMENDING CHAPTER 34 of TITLE V OF THE CITY. CODE BY PERMITTING -LIQUOR LICENSE_ RENEWALS WHEN A CHURCH, SCHOOL, HOSPITAL, ETCETERA, HAS BEEN ESTABLISHED WITHIN 200 FEET OF THE -PREMISES -OF .THE LIQUOR ESTABLISHMENT SINCE THE'ISSUANCE-OF THE -ORIGINAL LICENSE was placed on First Reading and referred to City Code and Judiciary Committee. The letter from recommendations Des Plaines was Lots Committee. Chamber of Commerce and.Industr_y..re. for the_overall._meter plan in downtown referred to Building, Grounds and Parking The letter from Soroptimist Club of Des Plaines re Public Access Bill and Facilities for the Handicapped. Act was referred to Building Control and Inspection Committee. Moved by Szabo, seconded by Bolek, to grant permission to Des Plaines Park District to use the Hank's Auto Body parking area off Center Street and the alley. Motion declared carried. Moved by Seitz, seconded by Koplos, to accept the resignation of Fire Chief Frank Haag, effective November 3, 1973, and to authorize Mayor Behrel to write letter of commendation. Motion declared carried. Moved by Szabo, seconded by_Seitz,.to concur Kith Mayor Behrel's recommendation to appoint Deputy Fire Chief Donald Corey As Fire Chief, effective November 3, 1973. Motion declared carried. Moved by Szabo, seconded by Seitz, to authorize_Board of Fire and Police Commissioners to hold examination for office of Deputy Fire Chief to fill vacancy. Motion declared carried. Moved by Swanson, seconded by Erbach,.to submit the proposed Comprehensive Plan_as prepared by Rolf. Campbell & Associates to NIPC for review and report to the City Council. Motion declared, carried. Moved by Bolek, seconded by Erbach, to. adopt ,a resolution encouraging the. Metropolitan Sanit.ary.District_to approach the City of Chicago for use of O'Hare Airport grounds for the location of underground sewage treatment plant. Motion declared carried. Alderman Hinde voted No. Moved by Kehe, seconded by Seitz, that the regular meeting of the City Council adjou n. Motion declared 2,rried. APPROVED BY ME THIS DAY OF H 27 ER . 'BEH1�L '°MAYO r� re 4 Bertha Eleanor Ro rbach, CITY' CLERK