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10/15/197368 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCILOFTHE CITY OF DES PLAINES, HELD IN THE COUNCIL CHAMBERS, CITY HALL, MONDAY, October 15, 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 Rev. Philip Gronbach, pastor of Trinity Lutheran Church, followed by the Pledge of Allegiance to the flag. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield Erbach, Swanson, Sarlo, Meyer, Ward, Absent were Aldermen Szabo, Seitz, and Abrams. Also present were: City Treasurer Mahon, City Comptroller Blie.tz, Police Chief Hintz, Deputy 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, Forestor Komos, City Attorney Bouril and Corporation Counsel DiLeonardi. MINUTES: RESOLUTION Frank Teruggi UNITED' NATIONS DAY YOUTH ACTIVITY CITY TREAS. Alderman Seitz REPORTS OF CITY OFFICIALS Police Chief Moved by Kehe, seconded by Swanson, to approve the Minutes of the regular meeting held October 1, 1973, as published. Motion declared carried. Moved by Koplos, seconded by Sarlo, to adopt the following resolution: WHEREAS, Frank Teruggi, twenty-three years of age, was studying economics at the University of Chile when the military overthrew Chilean President Salvador Allende, and, WHEREAS, Frank Teruggi was killed following imprison- ment on September 20, 1973. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council, on behalf of the citizems:of the City of Des Plaines, does hereby extend to the parents and family of Mr. Frank Terrugi sincere sympathy upon the passing of their loved one. Motion to adopt declared carried. Alderman Chase introduced Mr. Bernie Wilson, Past President of Des Plaines Toastmaster Club and United Airlines To'st- masters Club who discussed the aims and achievements of the United Nations in connection with United Nations Day. Alderman. Sarlo introduced Mr. E. Geisler, Youth Coordinator, who summarized the summer program for youth, ages 13 to 18, and recommended an earlier start on next year's program in order to provide a much larger base. City Treasurer Mahon submitted reports of Des Plaines Police Pension Fund and Des Plaines Fireman's Pension Fund, urging larger investment of funds in Des Plaines Police Pension Fund. and Alderman Szabo arrived during discussion of Youth Activity. The following reports were ordered placed on file: City Comptroller's Statement of Cash Receipts to September 30, 1973; Appropriation of Expenditures to September 30, 1973; Department of Police Third Quarter Report. Police Chief Hintz reported that he attended the 80th International Conference of Police Chief's Association in San Antonio, Texas and attended good workshops on Police Labor Relations, new ideas in personnel areas, and others. He reviewed the increase in crimes as found in the 3rd quarter report of 20%. 1 House Morse &. Greco WATER WELL #5 CORPORATION COUNSEL FIREMEN'S PENSION FUND R. Schaefer R. Peterson Forest Hospital CITY ATTY: Protest Petition Zoning COMMITTEE REPORTS Michael Reid Subdivision 10/15/73 69 Page two Alderman Sarlo questioned Building Commissioner Pr;t;ckett regarding pre -fab house under construction at Morse & Greco to which Mr. Prickett replied that a building permit was issued following a three month review of plans by the Building Department and ARchitectural Commission, and further stated that the building in its present state does not meet code; however if plans as submitted before permit was issued are followed, the building will comply with City's Building Code. Mayor Behrel announced for the record that "the first he knew of this house being built was today when a resident phoned his office. I knew nothing about it and have been unhappy about the scuttlebut I am hearing that Mr. Prickett is being asked whether the Mayor put pressure. For the record, I know nothing about the house." City Engineer Bowen reported that when the cable removed from Well #6 was checked, it was found to be lacking the necessary megger reading, and he contacted Layne -Western Company, Inc. requesting a quotation for cable assembly_ and 900 feet of submersible cable, copies of said quotation submitted to all Council members. Moved by Koplos, seconded by Szabo, to authorize the purchase of 1 Byron Jackson flat cable assembly and 900 feet of submersible cable in accordance with proposal from Layne -Western Company, Inc.., waiving usual bid advertising procedures. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek,.Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 1 - [ ;brdms Motion declared carried. Corporation Counsel DiLeonardi submitted decision of Appellate Court reversing decision of Circuit Court in Gerald S. Grobman VS City of Des Plaines re undersized lot. Attorney DiLeonardi reported that Circuit Court reversed decision of Firemen's Pension Fund Board of Trustees in the Robert Schaefer case. Also, the Court has passed its decision in the Richard Peterson case, upholding City's position. Attorney DiLeonardi reported that Forest Hospital has filed part of its answer in the Zoning Violation case, and the trial date has not been set for argument. City Attorney Bouril reported that Davey Tree. Expert Co.. was back today and removed four trees. He further reported that B & A Heating has filed to secure permits prior to installation of air conditioning units. Also he reported that he has submitted a proposal for Law Library. Alderman Koplos's request for Text Amendmentto the Zoning Ordinance defining 20% frontage adjoining contained. in Protest Petitions filed in certain zoning cases was referred to Building Control and Inspection and City Code and Judiciary Committees. Moved by Swanson, seconded by Hinde, to adopt the recommenda- tion of Municipal Development Committee to approve Plat of Michael Reid Subdivision, Forest and Wolf Rd., and to authorize Mayor and City Clerk to.execute same. Following discussion regarding square footage of corner lot on Plat, it was moved by Chase, seconded by Birchfield, to defer action. Plat was referred back to Plan Commission for letter of recommendation containing reasons for corner lot square footage requirement varied. 10/15/73 Page three 70 ZONING CASE Moved by Swanson, seconded by Hinde, to adopt the recommenda- 73-55-R tion of Municipal Development Committee to concur with 780 W. Oakton Zoning Board of Appeals in Case 73-55-R, property located at 780 W. Oakton Street, and to authorize City Attorney to prepare necessary ordinance for further consideration by the City Council. Motion declared carried. PARKING Moved by Szabo, seconded by Hinde, to adopt the recommenda- DOWNTOWN tion of Building Grounds and Parking Lots Committee to METERS change meters on the following parking lots to one hour meters: MinerStreet, Pearson to Graceland; Lee St., Prairie Ave. to Park Place, Park Place Plaza, alley side; Ellinwood Lot, south side. Motion declared carried. PRAIRIE AVE. Referred to Building Grounds and Parking Lots were certain Widening & drawings showing square footageof right of way required Sewer Install. on north side of Prairie Avenue from Lee to Pearson for installation of sewer and widening of Prairie Ave. PARKING LOT Referred to Building Grounds and Parking Lots first draft Center St. of proposed layout of the parking lot from alley south to Prairie Avenue and from Center to Pearson. LIQUOR Moved by Bolek, seconded by Olen, to adopt the recommendation LICENSE of License and Inspection Committee to deny request for Wursthouse Class A Liquor License submitted by the Wursthouse on Mannheim Road. Motion declared carried. LIQUOR LIC. Moved by Bolek, seconded by.,Szabo, to adopt the recommendation Closing of License and Inspection Committee to authorize City Attorney Hours to draft necessary amendment to the ordinance to establish a special class license at a fee of $1,000 additional to allow Class A liquor license holders to remain open until 4 a.m., each application to be approved by City Council, effective January 1, 1974 - further if any annexation is pending the Mayor is authorized to issue said license on a pro -rated basis for the remainder of this year. Motion declared carried. Alderman Swanson voted No. LIQUOR The letter from. Howard Johnson's Law Department requesting LICENSE a Class A Liquor license for Ground_ Round Division of Howard Johnson Howard Johnson Company, Lee Street Address, was referred to License and Inspection Committee. LOAD LIMIT Alderman Kehe's request for 6,000 lb. load limit signs for Alley -south alley between Cora and White, 1/2 block south of Oakton of Oakton St. Street, was referred to Streets, Traffic and Forestry Committee. LOAD LIMIT Lee St. Alderman Erbach's request for load limit signs on Lee Street, between Touhy Avenue and Oakton Street, to control truck traffic by-passing Mannheim Road was referred to Traffic Commission and Streets, Traffic and Forestry Committee. WATERMAIN Moved by Kopios, seconded by Hinde, to adopt the recommenda- IMPROVEMENTS- tion .of Water and Sewer Committee to authorize advertising CONTRACT I for bids for the 1973 Watermain Improvements Contract I, returnable November 8, 1973, at 3 p.m. Motion declared carried. 9 OAKTON.ST. Moved by Koplos, seconded by Erbach, to adopt .the recommenda- RETENTION tion of Water and Sewer Committee to authorize the advertising BASIN IMP. for bids returnable November 21, 1973, for Oakton.Street Retention Basin Improvement 1973. Motion declared carried. PENNA. AVE. Moved by Kopios, seconded by Ward, to adopt the recommendation SANITARY SEWER of. Water and Sewer Committee to authorize the George Kennedy Co. to replace an additional 57 feet of the Pennsylvania Avenue Sanitary Sewer in the amount not of exceed $2,4.45.00. In addition if it is determined after excavation at the three locatcions that it is necessary replacing 53 additional feet, the George Kennedy Co. be awarded the contract in an amount not to exceed $2,274.00, waking usual bid procedures. hew 1 1 10/15/73 Page four 71 PENNA. AVE. Upon roll call, the vote was: SANITARY AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, SEWER _ Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 1 - Abrams Motion declared carried. BUILDING Alderman Sarlo's request to study and report the issuance PERMIT - of building permit for house on Greco Avenue at Morse, Greco Ave. above mentioned, was referred to Building Control. and Inspection Committee prior to occupancy permit being issued. BICENTENNIAL Moved by Chase, seconded by Erbach, to authorize Mayor and COMMISSION City Clerk to execute Bicentennial Community Application Form as recommended by Des Plaines Bicentennial Commission, to be forwarded to American Revolution Bicentennial Commission. Motion declared carried. TREES Moved by Meyer, seconded by Sarlo, to adopt the. recommenda- tion -of Civil Defense and Beautification Committee to award the contract:for trees to Simonsen`s Nursery, Mt. Prospect, for a total amount of $2,490.00. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 1 - Abrams Motion declared carried. Buildings Referred to City Attorney was the matter of use of property Oakton & Lee located at the northeast corner. of Oakton & Lee Street, for which temporary permit expired October 12, 1973. BILLS Moved by Hinde, seconded by Kehe, to adopt.. the_ following PAYABLE resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING.BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK. BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. J2Total, $185,357.20. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 1 - Abrams Motion declared carried. WATER RATES Moved by Hinde, seconded by Koplos,. to adopt the recommenda- tion of Finance and Insurance Committee to authorize firm . of Benjamin & Lang to conduct study of City's rates for water and review contract with City of Chicago, at a sums not to exceed $1,000. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 1 - Abrams Motion declared carried. COLLECTIVE Moved by Hinde, seconded by Swanson, to adopt the recommenda- BARGAINING tion of Finance and Insurance Committee to retain .Corporation SESSIONS Counsel DiLeonardi to represent the City in forthcoming Collective Bargaining Sessions for 1974. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 1 - Abrams 91g) Motion declared carried. 10/15/73 Page five 72 ORDINANCE Moved by Swanson, seconded by Seitz, to adopt. Ordinance. Z-23-73 Z-23-73, rezoning City owned real estate located on the Municipal North side of Miner Street, beginning at 1428 Miner St. Building and extending west to Graceland Avenue to C-4 Central Business District. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 1 - Abrams Motion declared carried. ORDINANCE Moved by Szabo, seconded by Swanson, to adopt_Ordinance . Z-24-73 Z-24-73, AMENDING THE TEXT OF THE ZONING ORDIN.AN.CE OF THE CITY Text Amend. OF DES PLAINES, ILLINOIS, relating to Municipal Buildings. Municipal Upon roll call, the vote was: Bldg. AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 1 - Abrams Motion declared carried. ORDINANCE Moved by Koplos, seconded by Szabo, to adopt Ordinance Z-25-73 Z-25-73, AMENDING THE ZONING ORDINANCE OF THE CITY OF DES 1297 Harding PLAINES, ILLINOIS, rezoning pro-erty located at 1297 Harding Avenue to R-5 Central Core Multiple Family District. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 1 - Abrams Motion declared carried. ORDINANCE Moved by Szabo, seconded by Koplos, to adopt Ordinance Z-26-73 Z-26-73, AMENDING THE ZONING ORDINANCE OF THE CITY OF DES 1289 Harding PLAINES, ILLINOIS, rezoning property located at 1289 Harding Avenue to R-5 Central Core Multiple Family District. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 1 - Abrams Motion declared carried. ORDINANCE Moved by Ward, seconded by Seitz, to adopt Ordinance T-2.0-73 T-20-73 AN ORDINANCE AMENDING SECTION 10-8-16 OF THE CITY CODE HAVING Lod Limits TO DO WITH MAXIMUM WEIGHT OF VEHICLES ON_ CERTAIN STREETS, Ridge, BY PROHIBING VEHICLES IN'EXCESS OF-6,000.POUNDS GROSS WEIGHT Lincoln FROM BEING DRIVEN ON THE ENTIRE -LENGTH -OF -RIDGE .LANE, Short Ter. LINCOLN AVENUE EAST OF ELMHURST, AND-SHORT"TERRACE BETWEEN OAKTON STREET -AND LINCOLN AVENUE. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward,. Mayor NAYS: 0 - None ABSENT: 1 - Abrams Motion declared carried. ORDINANCE Moved ray Bolek, seconded by Olen, to waive First Reading M-42-73 and Place on Passage Ordinance_ M!-42-73, AN ORDINANCE CREATING Liquor Lic. A NEW CLASSIFICATION OF LIQUOR LICENSE FOR RELIGIOUS SOCIETIES Religious AND SIMILAR INSTITUTIONS AND GENERALLY REORGANNIZIN.G TITLE Societies V, CHAPTER 34.- Motion, declared carried. Moved by Meyer, seconded by Bolek, to adopt Ordinance M-42-73. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Sietz, Ward, Mayor 706 NAYS: 1 - Kisslinger ABSENT: - 1 - Abrams Motion declared carried. 1 1 ORDINANCE M-43-73 Hotel - Motel Tax ORDINANCE Z-22-73 1523-1551 Ashla nd ORDINANCE B-6-73 Certificates of Compliance RESOLUTION R-18-73 Fence - St.Mary's ( RESOLUTION R-19-73 ZONING FILING FEES Appeal RESOLUTION R-20-73 IMRF CITIZENS ACTION COMMITTEE 10/15/73 Page Six 73 Moved by Bolek, seconded by Olen, to waive First Reading and Place on Passage Ordinance M-43-73, AN ORDINANCE ESTABLISHING A TAX UPON THE USE AND PRIVILEGE OF RENTING A HOTEL OR MOTEL ROOM WITHIN THE CITY OF DES PLAINES.. Motion declared carried. Moved by Bolek, seconded by Erbach, to amend Ordinance M-43-73, Page 4, line one, inserting November 1, 1973, and deleting "and cease on". Motion declared carried. Moved by Olen, seconded by Seitz, to adopt Ordinance M-43-73, as amended. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor None NAYS: 0 - ABSDNT: 1 - Abrams Motion declared carried. Placed on First Reading was Ordinance Z-22-73, AN ORDINANCE GRANTING A VARIATION UNDER THE .ZONING ORDINANCE OF THE CITY OF. DES PLAINES, ILLINOIS, CASE NO. 73-45-V - property located at 1523 to 1551 Ashland Avenue. Placed on First Reading was Ordinance B-6-73 - AN ORDINANCE AMENDING THE ARTICLE FIVE OF THE CITY OF DES PLAINES, ILLINOIS .BUILDING CODE AND ORDINANCE BY REPOSING THE RESPONSIBILITY FOR THE PROPER ISSUANCE OF CERTIFICATES OF COMPLIANCE WITH THE BUILDING COMMISSIONER AND DELETING THAT RESPDNSIBILITY FROM THOSE OF THE ZONING ADMINISTRATOR. Moved by Koplos, seconded by Hinde, to adopt Resolution. R-18-73, A RESOLUTION AUTHORIZING THE BUILDING. COMMISSIONER TO ISSUE A BUILDING PERMIT TO ST. MARY'S CHURCH, 794 PEARSON, DES PLAINES, ILLINOIS, ALLOWING THE CHURCH TO ERECT A TEN (10) FOOT HIGH FENCE SIX INCHES (6") FROM THE BACK PROPERTY LINE OF A NEW CHURCH PARKING LOT NEXT TO THE CHURCH. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 1 - Abrams Motion declared carried. Moved by Erbach, seconded by Hinde, to adopt Resolution R-19-73, A RESOLUTION AMENDING A':RESOLUTION ESTABLISHING FILING FEES FOR PROCEEDINGS BEFORE THE ZONING BOARD OF APPEALS OF THE CITY OF DES PLAINES, PURSUANT TO SECTION 9H.1 OF THE ZONING ORDINANCE OF THE CITY OF DES PLAINES AS AMENDED BY ESTABLISHING A FEE TO APPEAL FROM A RULING OF THE ZONING ADMINISTRATOR AND A COURT REPORTER'S FEE ARISING. OUT OF SUCH APPEALS. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 1 - Abrams Motion declared carried. Moved by Bolek, seconded by Szabo, to adopt Resolution R-20-73 A RESOLUTION RELATING TO PARTICIPATION BY PART TIME ELECTED OFFICIALS IN THE ILLINOIS MUNICIPAL RETIREMENT FUND. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Ward, Mayor NAYS: 0 - None ABSENT: 1 - Abrams Motion declared carried. Letter from Citizens Action Committee re Sewer Tie in at 1650 Mill Street, was referred to Water and Sewer Committee. 10/15/73 Page seven ZONING CASE The letter from property owners, Edward P. Schleiter, 73-54-R Marion T. Kinnison, and Ida L. Kinnison requesting City 959-987 Council to reconsider decision in Zoning Case 73-54-R, Oakton property located at 959 to 987 Oakton Street, was read and placed on file. LEE ST. Howard to Touhy 74 The letter from Des Plaines Park District requesting certain improvements on Lee Street between Howard Avenue and Touhy Avenue was referred to Streets, Traffic and Forestry Committee and City Engineer. GREENVIEW Alderman Hinde's request to eliminate speeding traffic AVE. Traffic on Greenview Avenue eastbound, especially during 4 to 6 p.m. was referred to Streets, Traffic and Forestry Committee. ZONING Moved by Ward, seconded by Seitz, to authorize City Attorney Dover Dr. to prepare and present necessary petition to Zoning Board to rezone certain parcels of land on Dover Drive to multiple family district in accordance with present usage, City Planner to furnish necessary legal description. Motion declared carried. RIVER -RAND Moved by Szabo, seconded by Koplos, to authorize City Attorney area to prepare and present necessary petition to Zoning Board ZONING of Appeals to rezone certain properties presently R-2 upon annexation to C-2 Commercial District, reflecting present usage of subject properties, City Planner to furnish necessary legal description. Motion declared carried. ADJOURNMENT: Moved by Szabo, seconded by Seitz, that the regular eeting of the City Council adjo Motion declared c-rr -d. APPROVED BY ME THIS 73-C,6 DAY 0 7 HERBERT H. BEH 1 I . 1 L, MA OR A D., 1973 Bertha Eleanor Rohrbach, ITY CLERK