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03/03/1975277 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CITY HALL MONDAY, March 3, 1975 CALL TO ORDER: The regular meeting of the City Council of the City of Bes Plaines was called to order by City Clerk Rohrbach at 8 P.M. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Olen, Chase, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams. Absent were Aldermen Szabo, Kehe, Bolek, Kisslinger, Ward. Also present were: City Treasurer Mahon, City Comptroller Blietz, Assistant Comptroller Raycraft, Police Chief Hintz, Fire Chief Corey, Deputy Fire Chief Wolf, Building Commissioner Baldaccini, City Engineer Bowen, Assistant Commissioner of Public Works Schaeffer, Planner Richardson, Environmental Officer Lindahl, Museum Director Welch, Police Captain Blume, and City Attorney . A/&iy CHAIRMAN PRO -TEM PRAYER & PLEDGE MINUTES: Moved by Abrams, seconded by Swanson to nominate Alderman Koplos. Moved by Meyer, seconded by Olen, to nominate Alderman Seitz. Moved by Meyer, seconded by Sarlo to close nominations. Motion declared carried. Upon secret ballot, Alderman Seitz was declared Chairman Pro Tem during Mayor Herbert Behrel's absence. The meeting opened with prayer by Rev. James Murphy followed by the Pledge of Allegiance to the flag. Moved by Abrams, seconded by Birchfield, to approve the Minutes of the regular meeting held February 18, 1975, as published. Correction - Page Four, paragraph two. Changing Ayes to 16 and adding Alderman Kisslinger to those voting Aye and changing Absent to 1, deleting Alderman Kisslinger. Following correction, Minutes declared approved. Alderman Kisslinger arrived at the meeting at this time BILLS Moved by Hinde, seconded by Sarlo, 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. Total, $109,894.26. Upon roll call, the vote was: AYES: - 12 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion declared carried. MAILING Moved by Hinde, seconded by Swanson, to adopt the recom- SYSTEM mendation of Finance and Insurance Committee to purchase a Pitney Bowes Mailing Machine, scale, and Check signing kit from Pitney Bowes at a total cost of $2,226.00, waiving the normal bid procedure. Upon roll call, the vote was: AYES: - 12 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams. NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion declared carried. HOLY FAMILY Moved by Hinde, seconded by Meyer, to adopt the recom- HOSPITAL mendation of Finance and Insurance Committee to authorize CONTRACT execution of Agreement for routine Physical examination and Tests with Holy Family Hospital, Inc. for the year, 1975. Upon roll call, the vote was: AYES: - 12 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams. NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward i6V( Motion declared carried. APPEAL Tomasek Case 1 LEGAL DOOLEY CASE Miner St. BEAUTIFICATION Phase I SIGN McKay Nealis 1600 Oakton Mayor Herbert Pro -Tem Seitz SIGN 1050 Oakton Seven Eagles Restaurant 3/3/75 278 Page two Moved by Abrams, seconded by Koplos, to adopt the recom- mendation of City Code and Judiciary Committee to authorize Corporation Counsel DiLeonardi to ask the Appellate Court for reconsideration of the appeal in the Tomasek Case, (Zoning, Busse Highway) and that failing, seek leave to appeal to the Illinois Supreme Court. Upon roll call, the vote was: AYES: - 12 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams. NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion declared carried. Moved by Abrams, seconded by Chase, to adopt the recommenda- tion of City Code and Judiciary Committee to authorize Corporation Counsel to appeal the decision by Circuit Court in the Dooley Case pertaining use of property located on Miner Street at River Road. Upon roll call the vote was: AYES: - 12 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams. NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion declared carried. Moved by Meyer, seconded by Sarlo, to adopt the recommenda- tion of Beautification and Forestry Committee to authorize the Public Works Department to purchase plantings and materials, subject to approval where necessary by the State Highway Department, for Phase I of the Beautifica- tion program - 3 planter boxes on Lee Street, east side north of Algonquin, Plantings on the southwest corner of Miner and Lee Street, Lee and Walnut median, Lee and Mannheim median, southwest corner of Miner and River Road, Pratt Avenue and Soo Line tracks and completion of Cumberland Circle, at a cost of $3,648.29, waiving the normal bid procedures. Upon roll call, the vote was: AYES: - 12 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams. NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion declared carried. Moved by Erbach, seconded by Olen, to adopt the recommenda- tion of Building Control and Inspection Committee to grant request for sign permit at 1600 Oakton Street to McKay Nealis Century 21, upon passage of ordinance granting a variation of five foot setbackrequirements to be drafted by City Attorney. Following discussion, Motion was withdrawn. Moved by Swanson, seconded by Olen that the Building Commissioner be authorized to issue sign permit in accordance with request allowing overhang on sidewalk by 16" and not meeting setback requirements. Upon roll call, the vote was: AYES: - 4 - Olen, Kisslinger, Hinde, Swanson NAYS: 8 - Koplos, Chase, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion declared carried. H. Behrel arrived at the meeting at this time and Chairman declared a Council recess of five minutes. Moved by Erbach, seconded by Kisslinger, to adopt the recommendation of Building Control and Inspection Committee to grant request of Seven Eagles Restaurant for modifi- cation of existing sign 225 sq. ft. per side plus roof located at 1050 Oakton Street and authorize Building Commissioner to issue necessary permit. Motion declared carried. ZONING CASE 75 -4 -SU 1261 Algonquin ZONING CASE 75 -5 -SU 620-640 Potter ZONING CASE 75 -8 -SU 860 Elmhurst ZONING CASE 75-7-V 1700 S. Mt. Prospect ANNEXATION Oakton Community College DEMOLITION Parking Lot Pearson St. NORTRAN WATER REVENUE BONDS 3/3/75279 Page Three Moved by Swanson, seconded by Hinde, to adopt the recom- mendation of Municipal Development Committee to concur with Zoning Board of Appeals and Plan Commission in Case 75 -4 -SU, Special Use of property located at 1261 Algonquin Road for Class B Restaurant, and to authorize City Attorney to draft necessary ordinance for further consideration by Council. Motion declared carried. Moved by Swanson, seconded by Koplos, to adopt the recom- mendation of Municipal Development Committee to deny petition for Special Use of property located at approxi- mately 620-640 Potter Road, Case 75 -5 -SU. Motion declared carried. Moved by Swanson, seconded by Birchfield, to adopt the recommendation of Municipal Development Committee to concur with Zoning Board of Appeals and Plan Commission in Case 75 -8 -SU, Special Use of property located at 860 Elmhurst Road for Restaurant and to authorize City Attorney to draft necessary ordinance for further consideration by Council. Motion declared carried. Moved by Swanson, seconded by Birchfield, to adopt the recommendation of Municipal Development Committee to concur with Zoning Board of Appeals in Case 75-7-V, Variation for parking at 1700 S. Mt. Prospect Road and to authorize City Attorney to draft necessary ordinance. MOTION declared carried. Moved by Swanson, seconded by Meyer, to adopt the recom- mendation of Municipal Development to authorize City Attorney to draft necessary annexation ordinance to annex property owned by Oakton Community College. Motion declared carried. Moved by Koplos, seconded by Hinde, to adopt the recom- mendation of Building Grounds and Parking Lots Committee to award the contract for the Pearson Street Buildings Demolition to the W & W Wrecking Co. of Des Plaines in the amount of $5,225.00 - checks and or bid bonds of the unsuccessful bidders to be returned and further to adopt a resolution authorizing paymentof said sum from the Parking Meter Fund. Upon roll call, the vote was: AYES: - 13 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Mayor NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion declared carried. Moved by Olen, seconded by Seitz, to adopt the recom- mendation of Special Transportation Committee to authorize City Engineer to prepare the necessary resolution for the approval of Illinois Department of Transportation for the use of $17,417.00 Motor Fuel Tax Funds for the City's participation in Nortran.(North Suburban Mass Transit District). Upon roll call, the vote was: AYES: - 13 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Mayor NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion declared carried. Moved by Hinde, seconded by Swanson, to adopt the recom- mendation of Finance and Insurance Committee to direct the City Comptroller to issue the checks in the amount of $525,000 plus accrued interest to the date of payment and further to authorize the City Treasurer to sign said check, to pay and cancel the $525,000 Water Revenue Bonds issued last /f/all. Motion declared carried. P Ide Nod,<,/,/o 5 Ahm;I ,,ve � / 3/3/75 Page Four 280 VEHICLE Moved by Chase, seconded by Erbach, to adopt the recom- STICKER mendation of Library and Historical Society Committee CONTEST to concur with Bicentennial Commission's recommendation that the 1976 Vehicle Sticker Contest be divided into four divisions: 1. School children residing in the City through Grade 6 2. School children residing in the City iri Grades 7 and 8 3. School children residing in the City iri Grades 9 thru 12 4. Residents of the City who are high school graduates or older and that the winner of each division be awarded a $25 savings bond and that the overall winner of all four divisions be awarded an additional $100 Savings Bond. Upon roll call, the vote was: AYES: - 13 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Mayor NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion declared carried. ORDINANCE Moved by Koplo$,seconded by Seitz, to adopt Ordinance T-4-75 T-4-75, AN ORDINANCE AMENDING SCHEDULE I OF SECTION 10-5-4 Woodland Ave. OF THE CITY CODE HAVING TO DO WITH THE PROHIBITION OF PARKING BY DELETING THEREFROM PARKING ALONG EITHER SIDE OF WOODLAND AVENUE FROM RIVER ROAD TO GROVE AVENUE. Upon roll call, the vote was: AYES: - 13 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Mayor NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion declared carried. ORDINANCE Moved by Koplos, seconded by Hinde, to adopt Ordinance T-5-75 T-5-75, AN ORDINANCE AMENDING SECTION 10-5-5 OF THE Parking CITY CODE HAVING TO DO WITH PARKING BY PROVIDING FOR Permits in PARKING PERMITS FOR FAMILIES RESIDING ON PROPERTY WHICH R-5 IS ZONED R-5 TO AUTHORIZE PARKING IN VIOLATION OF CERTAIN PARKING LIMITATIONS. Moved by Olen, seconded by Hinde, to amend Section 1 (I), paragraph one by excepting Center Street from Thacker to Ashland; Thacker Street from Lee Street to River Road and Pearson Street from Prairie to Thacker. Motorradeclaf:edoc.arhed. L-cAl.dermen Sar.lo;.tMeyeri and Seitz voted No. Moved by Swanson, Seconded -by B:irchf ield.7;to tabhe.: mgtion -to'adopt' Ordinance T-5-75, for two..,weeks;_Hotion declared lost. Upon roll ,call en =mo.t Qn ',£ocado.p.tr:lOrdinance T-5-75, • the vote was: AYES::;2- 7 Erbach, Swanson, to aroAbxanis..y:1Kop10 s ., N 'S hv4 E;:;aohas.e, sBinchf:T2.e d, .'Sa'rlo _ M yer, -S.eitz ABSENM: tet ud4abO;.dKeh.e eBdlek75W.fr,d . MotionGdecliated carried. ORDINANCE Moved by Swanson, seconded by Hinde, to adopt Ordinance Z-4-75 Z-4-75, AN ORDINANCE AMENDING ORDINANCE Z-14-73 CREATING PUD A PLANNED UNIT DEVELOPMENT IN THE CENTRAL BUSINESS Downtown DISTRICT, AS AMENDED, BY ALTERING THE TIME PERIODS SET OUT IN SECTION 2 THEREOF. Moved by Meyer, seconded by Sarlo, to amend Ordinance Z-4-75, to allow for the City to renegotiate the lease agreement for parking facilities. Upon roll call, the vote on motion to amend was: AYES: - 5 - Olen, Chase, Erbach, Sarlo, Meyer NAYS: 7 - Koplos, Kisslinger, Hinde, Birchfield, Swanson, Seitz, Abrams ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion to amend declared lost Upon roll call, the motion to adopt Ordinance Z-4-75 was: AYES: - 9 - Koplos, Olen, Kisslinger, Hinde, Birchfield, Swanson, Seitz, Abrams, Mayor NAYS: 4 - Chase, Erbach, Sarlo, Meyer ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion to adopt Ordinance Z-4-75 declared carried. �%) d ORDINANCE M-9-75 Appropriations ORDINANCE M-10-75 Daylight Savings Time STOP SIGNS Warrington Bradley 3/3/75 281 Page Five Placed on First Reading was Ordinance M-9-75, AN ORDINANCE MARKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR ENDING DECEMBER 31, 1975. Moved by Seitz, seconded by Meyer, to waive First Reading and place on passage Ordinance M-10-75, AN ORDINANCE AMENDING SECTION 1-7-18 OF THE CITY CODE HAVING TO DO WITH DAYLIGHT SAVING TIME BY ESTABLISHING THE SAME AS OF THE LAST SUNDAY OF FEBRUARY INSTEAD OF APRIL. Motion declared carried. Moved by Seitz, seconded by Sarlo to adopt Ordinance M-10-75. Upon roll call, the vote was: AYES: - 13 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Mayor NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion declared carried. Citizen's request for stop signs at the intersection & of Warrington Road and Bradley Street was referred to Streets and Traffic Committee. MFT - 80CS Moved by Hinde, seconded by Swanson, to adopt a resolution S.A. N. 190 appropriating $89,507.48 MFT Funds for the Sixth Install- ment of Special Assessment No. 190. Upon roll call, the vote was: AYES: - 13 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Mayor NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion declared carried. MFT - 108CS Moved by Hinde, seconded by Swanson, to adopt a resolution White, Linden, appropriating $10,000 for pavement reconstruction, curb Prospect Av. and gutter, and drainage appurtenances for storm water on White Street, Linden Street and Prospect Avenue, Section 108CS. Upon roll call, the vote was: AYES: - 13 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Mayor NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward • Motion declared carried. CLEAN STREAMS Moved by Chase, seconded by Sarlo, to adopt a resolution WEEK - May proclaiming the month of May as Clean Streams month in the City of Des Plaines. Motion declared carried. OAKTON COMMUNITY COLLEGE DAY PETITION River -Mill Moved by Seitz, seconded by Erbach, to adopt a resolution proclaiming Sunday, March 16, 1975, as Oakton Community College Day. Motion declared carried. Petition submitted by additional petitioning residents Sts. protesting any plan to construct a street connecting River Street and Mill Street at any point whatever was referred to Streets and Traffic Committee. RESIGNATION Bd. of Police & Fire Com. Moved by Koplos, seconded by Chase, to accept the resig- nation of Mr. Robert F. Bruhn from the Board of Police and Fire Commissioners and authorize Mayor Behrel to write letter of thanks and commendation. Motion declared carried. APPOINTMENT Moved by Seitz, seconded by Hinde, to concur with Mayor Bd. Police & Behrel's appointment of Mr. Herman Herzog, 222 Stratford Fire Com. Road, Des Plaines, to the Board of Police and Fire Commission term to expire April 30, 1978. Motion declared carried. A//) r 3/3/75 RESIGNATION Des Plaines Mass Transit COOK CO. ZONING S. Side of Ballard west of Robin ORDINANCE Z-5-75 860 Elmhurst CROSSING GUARD Rand & Elk ADJOURNMENT: 282 Page Six Moved by Koplos, seconded by Olen, to accept the resignation of Mr. G. Rex Wilson from the Des Plaines Mass Transit District and authorize Mayor Behrel to write letter of thanks and commendation. Motion declared carried. Moved by Koplos, seconded by Meyer, to authorize City Attorney to intervene in the Cook County Zoning case, opposed by the City in November, property located on the south side of Ballard Road, approx. 123 feet west of Robin Drive. Upon roll call, the vote was: AYES: - 13 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Mayor NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion declared carried. Moved by Swanson, seconded by Hinde, to waive First Reading of Ordinance Z-5-75 and place on passage, AN ORDINANCE AUTHORIZING A SPECIAL USE FOR AN ADDITION TO AND OPERATION OF A CLASS B RESTAURANT AT 860 ELMHURST ROAD. CASE NO. 75 -8 -SU. Motion declared carried. Moved by Swanson, seconded by Hinde, to adopt Ordinance Z-5-75. Upon roll call, the vote was: AYES: - 13 - Koplos, Olen, Chase, Kisslinger, Hinde, Birchfield, Erbach, Swanson, Sarlo, Meyer, Seitz, Abrams, Mayor NAYS: 0 - None ABSENT: 4 - Szabo, Kehe, Bolek, Ward Motion declared carried. Alderman Koplos's request received from North School for the placement of an additional crossing guard at Rand Road and Elk Boulevard was referred to Streets and Traffic Committee and City Engineer and Captain Blume. Moved by Hinde, seconded by Seitz, that the regular meeting of the City Council adjourn. Motion declared carried. APPROVED BY ME THIS DAY 0 ., 1975 HERBERT H. BEH L, MAYOR Yl ---/Wet) Bertha Eleanor Rohrbac