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04/01/19741 146 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, HELD IN THE COUNCIL_CHAMBERS, CITY HALL, MONDAY, April 1, 1974 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines was called to order by Herbert H. Behrel at 8 P.M. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Szabo, Kehe, Olen, Bolek, Chase; Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward. Also present were: City Treasurer Mahon, City -Comptroller Blietz, Police Chief Hintz, Fire Chief Corey, Building CommissionerBaldaccini, City Engineer Bowen, Commissioner of Public Works Schwab, Planner Richardson, Environmental Officer Lindahl, Assistant. Commissioner of Public Works Schaeffer, Corporation Counsel DiLeonardi, and City Attorney Bouril. PRAYER & PLEDGE BOY SCOUTS Cub Pack #46 MINUTES: ELK GROVE RURAL FIRE PROTECTION DISTRICT CONTRACT FIRE DEPT. AMBULANCE AMB ULAN CE SERVICE IAUTOMOBILE MAINTENANCE The meeting opened with prayer by Rev. Philip Gronbach, pastor of Trinity Lutheran Church, followed by the Pledge of Allegiance to the flag. Mayor Behrel introduced boys from Cub Pack #46, Webelos, and their cubmaster, Mr. Gene Ligenza and Mr. W. Winteroff. Moved by Swanson, seconded by Erbach, to approve the Minutes of the regular meeting held March 18,-1974, as published. Correction: Page Three, Paragraph 8, Add the statement "Alderman Koplos following roll call, changed his vote to Aye." Following correction, motion declared carried. Moved by Seitz, seconded by Sarlo, to adopt the recommendation of Fire and Civil Defense Committee -to enter into agreement to serve Elk Grove Rural Fire Protection District with fire protection service for the period beginning January 1, 1974 and expiring on Midnight, December 31, 1974, at a cost of $24,000, for the area commonly known as Waycinden Park, map attached to said agreement -defining the area, upon receipt of agreement in writing from said district trustees to review the 1975 contract prior to the time they establish their next tax levy. Upon roll call, the vote.was: AYES: - 16 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 1 - Swanson ABSENT: 0 - None Motion declared carried. Moved by Seitz, seconded by Sarlo, to adopt the recommenda- tion of Fire and Civil Defense Committee to advertise for bids for new ambulance for the Fii.e Department, specifications to be drawn by Fire Chief Corey, returnable April 17, 1974 at 3 P.M. Motion declared carried. Moved by Seitz, seconded by Sarlo, to adopt the recommenda- tion of Fire and Civil Defense Committee, not to change the city policy regarding ambulance service at this time. Motion declared carried. Aldermen Ward and Abrams voted No. Moved by Kehe, seconded by Hinde, to adopt the recommendation of Police and Finance Committee, to award the contract for Maintenance of City's automobiles to Peterson Safety Service, at the hourly rate for labor of $10.00 and a charge 25% for parts.above cost - no charge for towing. Upon roll call, the vote was: AYES: - 15 - Koplos, Kehe, Olen, Chase, Kisslinger, Hinde, Birchfield, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor ABSTAIN: 2 - Szabo, Bolek NAYS: 0 - None ABSENT: 0 - None Motion declared carried. fbo 4/1/74 147 Page two AUTOMOBILES Moved by Kehe, seconded by Swanson, to adopt the recommenda- CAR WASH tion of Police and Finance Committee to award the contract for car washing of municipal automobiles to Colonial Car Wash at a cost of $600.00 per .year. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo; Kehe, Olen, Bolek, Chase, Kisslinger, Hinde; Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor. NAYS: 0'- None ABSENT: 0 - None Motion declared carried. AUTOMOBILES Moved by Kehe, seconded by Erbach, to adopt the recommenda- BODY & tion of Police and Finance Committee to award the contract FENDER for Body and Fender Maintenanceof municipal automobiles MAINTENANCE to Ridge Motors at an hourly rate of $8 for labor and a charge of 15% for parts above bid cost. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 0 - None Motion declared carried. BILLS Moved by Hinde, seconded by Swanson, 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 THE MAYOR AND CITY CLERK BE -AND -ARE -HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total, $173,988.24. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe.,-Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 0 - None Motion declared carried. TREES Moved by Meyer, seconded -by Sarlo, to,adopt the recommenda- tion of Beautification and Forestry Committee:to award the contract for 225 trees to Charles Klehm & Son Nursery in the amount of $7,818.75, trees balled and burlaped. Upon roll call, the vote was: AYES: - 16 - Koplos,. Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 1 - Swanson ABSENT: 0 - None Motion declared carried. LIQUOR LIC. Moved by Bolek, seconded by Olen, to adopt the recommendation Bibs Pasta of License and Inspection Committee to deny liquor license Spread to Mr. Ronald E. Thornton for Bibs Pasta Spread restaurant, 568 E. Algonquin Road. Motion declared carried LIQUOR LIC. Moved by Bolek, seconded by Koplos, to.adopt the recommenda- Jake's Pizza tion of License and Inspection.Committee to deny Class E liquor license for Mr. Stephen J. Solley, President of Flowers & Co., Inc. Jake's Pizza at 1261 Algonquin Road, as property is within 200.feet from a church and large concentration of liquor licenses exist: in the area. Motion declared carried. Alderman Hinde voted No. LIQUOR LIC. Moved by Bolek, seconded -by Olen, to adopt the recommendation Muench of License and Inspection Committee to -deny Class B liquor Liquors license for Mr. Michael J. Rasnak, Muench Liquors, 688 S. Lee Street. Motion declared carried. LIQUOR LIC. Moved by Bolek, seconded by Koplos, to adopt the recommenda- Edward J. tion of License and Inspection Committee to deny Class B Brown liquor license to Mr..Edward J. Brown III, Des Plaines News Agency, 1519 Ellinwood Avenue. Motion declared carried. (0/ LIQUOR LIC. Henry G. Schure Jr. LIQUOR LIC. Amendment C & NW RR Station Depot Toilet ORDINANCE M-8-74 National Fire Code ORDINANCE B-1-74 Landscaping Plans SIGN 1483 Rand Rd. Chateau Carpet SIGN 1424 Rand Rd. Pot & Pan Restaurant ZONING CASE 74-9-R Mine r -Acres ANNEXATION Niedert Terminals,Inc. LIEDBERG RESUBDIVISION 1633 River Dr. 4/1/74 148 Page three Moved by Bolek, seconded by Koplos, to adopt the recommenda- tion of -License and Inspection Committee to grant request for Class J Liquor License to Mr. Henry G. Schure Jr., Isle of Man, at the southeast corner of Rand and River Rds. Motion declared carried. Aldermen Abrams, Meyer, Chase, Seitz, and Sarlo voted No. Alderman.Hinde's request -for amendment -to -City Code having to do with -State -Statute -requirement of liquor license not be issued-within.100 feet of a church was referred to City Code and Judiciary and License -and Inspection Committees. Moved by Erbach, seconded by Sarlo, to adopt the recommenda- tion of Building. Control and Inspection Committee that no action be taken by this council in regard to washroom facilities at the Chicago. and Northwestern Railroad station, as. the Building Code presently requires that suilding with public access must have toilet facilities, and arrangements have been made with United Motor Coach Co to provide joint care of station's washroom facilities, and further that the Health Department indicated that the facilities are now acceptable. Motion declared carried. Alderman Hinde and Mayor Behrel voted No. Moved by Erbach, seconded by Sarlo, to adopt the recommenda- tion of Building Control and Inspection Committee that Ordinance M-8-74 having to do with adoption of the National Fire Code be withdrawn, and that the Building Commissioner and Fire -Prevention Bureau -jointly review the Building Code and recommend to .Council new or updated.standards to be included in Appendix 3 of the Building Code pertaining to. Fire Prevention and further that the Fire Prevention Bureau and Building Commissioner jointly recommend to Council a new Fire Prevention Code if they believe a new code should be adopted to -replace -the -existing code. Motion declared carried. Moved by Erbach, seconded by Sarlo, to adopt the recommenda- tion of Building Control and Inspection Committee that Ordinance B-1-74 requiring Landscaping. Plans be withdrawn for redrafting and revision. Motion -declared carried. Moved by Erbach, seconded by Koplos, to adopt the recommenda- tion of Building Control and Inspection Committee to authorize Building Commissioner to issue necessary permit for oversized sign with height reduced to twenty feet to Chateau Carpet, 1483 Rand Road. Motion declared carried. Moved by Erbach, seconded by Koplos, to adopt the recommenda- tion of Building Control and Inspection. Committee to authorize Building Commissioner to issue permit for oversized sign to remodel existing sign to Pot & Pan Restaurant, 1424 Rand Road. Motion declared carried. Moved by Swanson, seconded by Hinde, to adopt the recommenda- tion of Municipal. Development -Committee and Zoning Board of Appeals to deny rezoning petition - Case 74-9-R, property located on Miner Street and Acres Lane. Motion declared carried. Moved by Swanson, seconded by Sarlo, to adopt the recommenda- tion of' Municipal -Development -Committee to authorize City Attorney_to prepare the annexation ordinance for further consideration by the City Council to annex property owned by Niedert Terminals, Inc. recited in Petition for Annexa- tion, located on Mt. Prospect Road. Motion declared carried. Moved by Swanson, seconded by Sarlo, to adopt the reeommenda- tion of Municipal Development Committee to approve Plat of Liedberg Resubdivision, located at 1633 River Drive, and to authorize execution thereof. Motion declared carried. 4/1/74 149 Page four LEGAL Attorney DiLeonardi reported -that -the -Supreme Court has MSD Suit permitted-the-MetropolitaniSanitary District to bring further appeal in the suit and said. district is going before the Supreme Court t� accelerate the time for filing briefs, which motion.will be argued by Attorney DiLeonardi to try to keep the time for filing briefs per law. CHURCH OF Attorney DiLeonardi reported that the judgegranted motion THREE CROSSES of plaintiff to strike city's defense having to do with Suit restrictive covenant on property located at the northeast corner of Wolf and Oakton - Church of the Three Crosses VS City of Des Plaines - and further reported that he has written Mr. Orville Kurtz, one of the property owners within the subdivision containing restrictive covenants suggesting that the property owners seek separate legal counsel for the purpose of enforcing their private position. Moved by Bolek, seconded by Ward, that the City hire private counsel to represent owners of property within said subdivision. Council recessed from 10:05 to 10:21 to allow executive session. Alderman Bolek then withdrew the motion. LEGAL City Attorney Bouril reported that no reply has been received 1296 Whitcomb to City's motion in the 1296 Whitcomb Avenue zoning case, and following discover the trial will proceed. TEXT AMENDMENT Moved by Swanson; seconded by Sarlo, to adopt the recommenda- ZONING tion of Municipal Development Committee to authorize City Parking Attorney to prepare and present text amendment to Zoning Board of Appeals to require YMCA's, gymnasiums, swimming polis, physical culture facilities and similar uses to provide one parking space for each five potential occupants that can be accomodated at the same time in accordance with such design capacity and fire department regulations plus two parking spaces for each 3 employees. Motion declared carried. ORDINANCE Moved by Erbach, seconded by Birchfield, to.adopt Ordinance B-2-74 B-2-74, AN ORDINANCE AMENDING ARTICLE FIVE (5) OF THE CITY Hand aci pped OF DES PLAINES, ILLINOIS, BUILDING CODE AND ORDINANCE OF 1965 BY MAKING COMPLIANCE WITH STATE "STANDARD.SPECIFICATIONS FOR FACILITIES FOR THE HANDICAPPED" A PREREQUISITE TO THE ISSUANCE OF A CERTIFICATE OF COMPLIANCE.* Upon roll call the vote was; on Ordinance B-2-74, as amended. AYES: - 17 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 0 - None Motion declared carried. *Previous to roll call vote, it was moved by.Erbach, seconded by Birchfield, to amend Ordinance B-2-74, by deleting Para- graph 5 of Section 1 and renumbering Paragraph, Section 1 to Paragraph 5. Motion declared carried. ORDINANCE Moved by Seitz, seconded by Erbach, to adopt Ordinance M-16-74 M-16-74 AN ORDINANCE AMENDING THE CITY CODE BY ADDING A NEW Anhydrous SECTION 7-13=1, ENTITLED -"THE HANDLING OF ANHYDROUS AMMONIA Ammonia AND LOW PRESSURE NITROGEN SOLUTIONS, WHICH SECTION INCORPORATES BY REFERENCE STATE PROMULGATED'RULES AND REGULATIONS GOVERNING THE HANDLING, EQUIPMENT, CONTAINERS, AND STORAGE FACILITIES FOR THESE'SOLUTIONS. Upon roll call, the vote was: .AYES: - 17 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 0 - None Motion declared carried. ORDINANCE M-17-74 Appointed Officers ORDINANCE T-11-74 Parking Lots 6 & 12 ORDINANCE M-18-74 Weights & Measures ORDINANCE M-19-74 Sr. Citizens Reduced Taxi Fares ORDINANCE Z-5-74 Institutional Zoning Dist. ORDINANCE Z-6-74 Day Care ORDINANCE Z-7-74 1407 Redeker ORDINANCE Z-8-74 Dover Dr. Mt. Prospect ZONING CASE 74-13-R 700 N.River ZONING CASE 74-14-A Text Amend. ZONING CASE 74-15-V 249 Walnut 4/1/74 150 Page five Moved by Hinde, seconded by Seitz, to adopt Ordinance M-17-74 AN ORDINANCE AMENDING SECTION 1-7-4 OF THE CITY CODE BY REQUIRING THAT ONLY ELECTED, NOT APPOINTED.; CITY OFFICIALS BE QUALIFIED ELECTORS OF THE CITY AND AT LEAST ONE YEAR RESIDENTS. Upon roll call, the vote was: AYES: 17 - Koplos, Szabo; Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT:0 - None Motion declared carried. Moved by Szabo, seconded by Koplos, to amend Ordinance T-11-74 by deleting from Section 1, Lots 6 & 12 "and 10 minutes". Motion declared carried. Moved by Koplos, seconded by Meyer, to adopt Ordinance T-11-74, as amended, AN ORDINANCE AMENDING THE SCHEDULE SET FORTH IN SECTION 10-11-12 TO PERMIT ONLY ONE HOUR METERED PARKING ON THE SOUTHERLY PORTIONS OF BOTH LOTS SIX (6) AND TWELVE (12). Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Placed on First Reading was Ordinance M-18-74, AN ORDINANCE AMENDING CHAPTER FIVE (5) OF TITLE SIX (6) OF THE CITY CODE BY RENUMBERING CHAPTER FIVE" (5) , ADDING A DEFINITIONAL SECTION, ELIMINATING INSPECTOR REPAIR OF -MALFUNCTIONING WETGHTS & MEASURES, ADDING PLATFORM, COUNTER, GASOLINE, AND ANHYDROUS AMMONIA FEES, AND UPDATING THE -FEE SCHEDULE BY ELIMINATING CERTAIN WEIGHTS AND MEASURES AND ADDING OTHERS. Placed on First Reading was Ordinance M-19-74, AN ORDINANCE FURTHER. AMENDING TITLE FIVE (V) , CHAPTER -FIVE (V) OF THE CITY CODE TO PROVIDE SENIOR CITIZENS WITH A REDUCED FLAT CAB RATE FOR INTRA CITY OF DES PLAINES TRIPS. Placed on First Reading was Ordinance Z-5-74, AN ORDINANCE AMENDING THE TEXT OF THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, having to do with creation of an Institutional Zoning District. Referred to City Code and Z-6-74, amending the text to do with Day Care Homes Judiciary Committee was Ordinance of the -Zoning Ordinance having and Day Care Centers. Placed on First Reading was Ordinance Z-7-74, AN ORDINANCE AMENDING THE ZONING ORDINANCE'OF THE CITY OF DES PLAINES, ILLINOIS CASE NO 74-10-R, rezoning property located at 1407 Redeker Road to M-2 District. Placed on First Reading was Ordinance Z-8-74, AN ORDINANCE AMENDING THE ZONING ORDINANCE -OF 'THE CITY OF DES PLAINES, ILLINOIS, CASE No. 74-4-R, rezoning property located on Dover Drive, MT. Prospect Road to R-4 District. Letter from Zoning Board of. Appeals re Case 74-13-R, property located at 700 N. River Read was referred to the Municipal Development Committee. Also letter from Plan Commission. Letter from Zoning Board_of Appeals re Case 74-14-A, Text Amendment regulating the filing of zoning applications was referred to the Municipal Development Committee Letter from Zoning Board of Appeals re Case 74-15-V, property located at 249 Walnut Street, was referred to Municipal Development Committee. DEDICATION Forest Ave. BIDS APPOINTMENT Traffic Commission ORDINANCES T-5-74, T-6-74 T-7-74 T-8-74 T-9-74 TRAFFIC SIGNALS Thacker - Marshall FLOOD HAZARD EVALUATION N.O.I.S.E Annual Meeting WATERFALL RESTAURANT TRAFFIC SIGNAL MASTER CONTROLLER Moving 4/1/74 151 Pae six Plat of Dedication for Public Street, Forest Avenue and letter from Plan Commission was referred to Municipal Development Committee. City Clerk Rohrbach reported that bids would be received for the following items April 17, 1974, at 3 P.M. 4 Dump Trucks, 3 Pick Up Trucks, 7 Squad Cars, 1 Sanitation Packer Truck, 1 Trailer Mounted Tree Sprayer, 1 Truck Mounted Aerial Tower, 1 Concrete Breaker, 1 Gasoline Asphalt Power Pactor, 1 Gasoline Tractor, 1 Stump Cutter, 1 Endloader Backhoe, 1 Frequency and Deviation Meter. Moved by Szabo, seconded -by Kehe, to concur with Mayor Behrel's appointment of Mr. Franz -A. Koehler, 755 Laurel Avenue, to -the traffic commission; term to expire April 3, 1978, to fill the vacancy due the untimely death of Mr. Thomas Signaigo. Motion declared carried. Moved by Abrams, ;seconded by Ward', to repeal Ordinances T-5-74, T-6-74, T-7-74, T-8-74, and T-9-74, having to do with stop-signs-on'streets•-intersecting with Marshall Drive, north of Dempster Street. -Motion-declared carried. Moved by Koplos, seconded by Ward, to enterinto agreement with County of Cook Department. of Highways whereby the City of Des Plaines will pay 50% of the cost of installation, maintenance and electrical energy for traffic signals at Dempster -Thacker Street and Marshall Drive, C.H.126. Motion declared carried. Letter from Department of Housing and Urban Development informing city- that -the --Federal Insurance. Administration has contracted with U. S. Geological -Survey to conduct a flood hazard evaluation. and ratemaking study for Des Plaines was referred to Director of Zoning and Planning Richardson. Moved by Hinde, seconded by Swanson, to authorize the expenses of Alderman Abrams, and Environmental Officer Lindahl to attend the annual -meeting of N.O.I.S.E. in Washington, D. C. on May 15 and 16, 1974. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Letter from Anthony L. Russo, -Attorney at Law for owners of the Waterfall Restaurant, objecting to any agreement entered into between the Village of Mt. Prospect and City of Des Plaines and further stating that they do not waive any rights to contest the validity thereof, was placed on file. Moved by Szabo, seconded by Hinde, to accept the proposal of Pinner Electric Company to relocate the Master Controller for Traffic. Signals from the existing Police Garage to the Public Works Building, at a cost not exceed $1,500, waiving the usual bid procedures. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 0 - None Motion declared carried. 1 LET'S TALK Booth GRACELAND AVE. South of Soo Line Parking LOAD LIMIT PRAIRIE PARKING OF ABANDONED VEHICLES Private Property ADJOURNMENT: 4/1/74 152 Page Seven Moved by Szabo, seconded by Kehe, to authorize the purchase of key chains -for distribution -from the -City's booth at the Let's Talk Show, at a cost not to -exceed $600. Upon roll call, the vote was: AYES: - 17 - Koplos, Szabo, Kehe, Olen, Bolek, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Mayor Behrel's request -for restrictive parking on Graceland Avenue, south -of Soo Line Railroad, was referred to City Engineer and Streets and Traffic Committee. Police Department's request for Load Limit Signs. on Prairie Avenue, between Lyman -and Potter was referred to Streets and Traffic Committee. Alderman Birchfield's request for revision of Chapters 8, 13, 14 of the City Code pertaining to.parking of abandoned vehicles on private property and police regulations per- taining thereto was referred to the City Attorney for review and report. Moved by Kehe, seconded by Seitz, that the regular meeting of the City Council adjourn. Motion declarecarried. APPROVED BY ME THIS Pr/ Bertha Eleanor Rohr ach, City Clerk 1