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05/01/1978CALL TO ORDER: 0 ROLL CALL: O 44. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CIVIC CENTER, MONDAY, May 1, 1978 The regular meeting of the City Council of the City of Des Plaines was called to order by Mayor Herbert H. Volberding at 8:00 P.M. Roll Call indicated the following aldermen present: Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward. Alderman Brannigan arrived following Approval of Minutes. Absent was Aldermn Kraves Also present were:City Treasurer Swanson, City Comptroller Blietz, Commissione of Public Works Schwab, City Engineer Bowen, Acting Building Commissioner Trost, Fire Captain Gedroic, Police Captain Mensching, Health Director Branding, and City Attorney Hug. PRAYER AND PLEDGE MINUTES: "') AUDIT ° 0 BILLS PAYABLE HERBERT BEHREL PARKING PLAZA OKTOBERFEST Ellinwood St. CIVIC CENTER PARKING LOT IMPROVEMENT The meeting opened with prayer by Father Edmund Moroney of St. Stephen's Church, followed by the Pledge of Allegiance to the flag. Moved by Kehe, seconded by Sarlo, to approve the Minutes of the regular meeting held April 17, 1978, as published. Motion declared carried. Moved by Ward, seconded by Seitz, to adopt the recommenda- tion of Finance and Insurance Committee to retain the firm of Coopers and Lybrand to conduct the 1978 audit and the quarterly water fund audits, for a fee of $16,000 and write a letter of commendation to Donald Bark and Associates thanking them for their professional services in past years. Upon roll call, the vote was: AYES: - 16 — Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kraves Motion declared carried. Moved by Ward, seconded by Sarlo, to adopt the following 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, $111,488.35. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 0 - None ABSENT: 1 - Kraves Motion declared carried. Moved by Erbach, seconded by Kisslinger, to adopt the recom- mendation of Public Buildings, Grounds and Parking Lots Committee to approve the use of the Herbert H. Behrel Parking Plaza by the Des Plaines Area Jaycees for their annual Oktoberfest during the week. of August 14, and further to close Ellinwood Street between Pearson and River Road during the week of August 14 for a carnival to be held in conjunction with Oktoberfest - Jaycees to furnish necessary certificates of insurance. Motion declared carried. Moved by Erbach, seconded by Seitz, to adopt the recommenda- tion of Public Buildings, Grounds and Parking Lots Committee to authorize City Clerk to advertise for bids, returnable May 25 at 3 P.M. for the Civic Center Parking Lot, City Engineer to change specifications showing the lowering of grade elevation by two feet. Motion declared carried. 0 ��G PARKING FUND DEFICIENCY PUBLIC WORKS 1 EQUIPMENT TRUCKS HIGH INTENSITY LIGHTS Residential Areas SPECIAL EMPLOYEE RELATIONS LITIGATION Royal Court Inn LITIGATION "Silveri" N. River Rd. ATTORNEY 5/1/78 Page Two 45. Moved by Erbach, seconded by Kisslinger, to adopt the recommendation of Public Buildings Grounds and Parking Lots Committee to increase the rate for all day parking in city - owned lots to .75 per day as soon as possible and to authorize License Officer and Comptroller to negotiate with Chicago and Northwestern Railway Co. to request increase of all day rate on railroad property to $1.00 per day and to renegotiate the percent of gross revenue paid to the railroad. Motion declared carried. Moved by Koplos, seconded by Sarlo, to adopt the recommenda- tion of Water and Sewer Committee to award the contract for the purchase of five trucks with one mounted plow to the low bidder, Karzen GMC Trucks in the amount of $27,140.26 net. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kraves Motion declared carried. Moved by Abrams, seconded by Meyer, to adopt the recommenda- tion of City Code and Judiciary Committee to authorize City Attorney to draft necessary ordinance requiring owners of high intensity lights in residential areas to shield the lights in such a way that the light does not extend across the lot line so as to interfere with neighbors. Motion declared carried. Moved by Abrams, seconded by Meyer, to adopt the recommenda- tion of City Code and Judiciary Committee that the Health and Welfare Committee assume the responsibilities of the previous Special Employee Relations Committee limiting the scope to a liason with the Mayor as to the issues. Motion declared carried. Alderman Sullivan and Birchfield voted No. Moved by Abrams, seconded by Koplos, to adopt the recommenda- tion of City Code and Judiciary Committee that the City Attorney be authorized to enter into a settlement of the Royal Court Inn litigation (recapture agreement) by acquiring the sewer system for the amount of $12,000, abating the hotel tax equal to that amount. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kraves Motion declared carried. Moved by Abrams, seconded by Koplos, to adopt the recommenda- tion of City Code and Judiciary Committee to authorize City Attorney to enter into a final settlement of the Silveri litigation, allowing for the gasoline service station to re -open in the form it existed prior to abandonment with no enlargement of islands. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kraves Motion declared carried. Moved by Abrams, seconded by Kisslinger, to adopt the recom- mendation of City Code and Judiciary Committee to retain Mr. Patrick A. Lucansky of Klein, Thorpe, Kasson and Jenkins to defend the City in existing litigation as follows: Angeltown; 850 E. Oakton St.; Weber Antenna Litigation; Commonwealth Builders at 791 Graceland and the counterclaim on the Dooley Case, at the rate of $60 per hour. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kraves. Motion carried.A 5/1/78 Page Three 46. POLICE DEPT. Moved by Abrams, seconded by Kehe, to concur with the INVESTIGATION findings of the Police and City Code and Judiciary Committees Investigating Charges against the Police Department and Certain Members Thereof as follows: Based upon the one public hearing and written statements submitted to the Joint Committee, the following represents the interim findings of the Joint Committee in respect to the basic questions developed relative to the scope of the inquiry. a. Was there any basis for allegations made by the Chapter Officers of the Des Plaines CCPA that the Police Department is deteriorating or improperly functioning to any degree? It appears that there was no real substance to the allegations, and the testimony of Officer Luety seems to support the preliminary conclusion that such charges were primarily based upon individual personal conflicts rather than any general deterioration of the Police Department. b. Are there any facts which reasonably justify said Officers in stating that they were going to bring charges against Police Chief Hintz and/or Captain Mensching? The record reasonably shows that there was no real intention to bring any charges against Chief Hintz or Captain Mensching before the Board of Police and Fire Commissioners. While given ample opportunity to bring such charges, the complaintants never did and apparently never intended to do so. One of the complaintants, in effect, testified that he was unaware of any charges at the time of his signing the complaining letter and now that he is familiar with the alleged charges would not have signed the letter. c. Did the Police Chief and Department act properly under the circumstances in investigating and dealing with said allegations? It appears that Chief Hintz and Captain Mensching acted properly and thoroughly in conducting a departmental investigation in reference to all allegations made by Officer Luety on behalf of the CCPA. d. Was there a conspiracy to cause the termination of either Police Chief Hintz or Captain Mensching without reason or justification? While the record is not complete relating to this question, the record does present a conflict between the Mayor and Officer Luety as to whether there were parties other than Officer Luety involved in preparing the letter of complaint. The above findings represent an interim report. Continuation of the investigation in any matter relative to its basic objectives is now barred by an injunction obtained by the CCPA in a suit filed against the City. The Joint Committee therefore recommends that this interim report be accepted and that the City attorney be authorized by answer and defend against the above mentioned suit. If such suit is decided favorable for the City within a reasonable period, then the investigation will be continued. If the suit is decided against the City then an appeal should be taken inasmuch as the injunction limitations placed on the right of the Council to conduct this type of investigation should be legally clarified for the future. Signed by Kenneth A. Kehe, Carmen J. Sarlo, Gerald J. Meyer, DDS, Daniel Kisslinger, and Alan M. Abrams. Motion to concur with the findings declared carried. WORKMEN'S Moved by Abrams, seconded by Meyer, to adopt the recommenda- COMPENSATION tion of City Code and Judiciary Committee to settle the SETTLEMENTS Workmen's Compensation Claim of Mr. Donald Angel in the amount of $9,750.00. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kraves ^ Motion declared carried. 5/1/78 Page Four 47. WORKMEN'S Moved by Abrams, seconded by Meyer, to adopt the recommenda- COMPENSATION tion of City Code and Judiciary Committee to settle the SETTLEMENTS Workmen's Compensation Claim of ex -patrol officer Allen Bending in the amount of $814.00. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kraves Motion declared carried. Moved by Abrams, seconded by Seitz, to adopt the recommenda- tion of City Code and Judiciary Committee to settle the Workmen's Compensation Claim of Erik Helgeson in the amount of $2,809.55. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kraves Motion declared carried. SIDEWALK Moved by Sarlo, seconded by Brannigan, to adopt the recom- 50/50 mendation of Streets and Traffic Committee to award the RECONSTRUCTION contract for the Sidewalk 50/50 Reconstruction Program 1978 to the low bidder, North Shore Cement, in the amount of $42,996.00. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding. NAYS: 0 - None ABSENT: 1 - Kraves Motion declared carried. MISC. Moved by Sarlo, seconded by Meyer, to adopt the recommenda- SIDEWALK tion of Streets and Traffic Committee to award the contract CONSTRUCTION for Proposed Miscelleanous Sidewalk Construction 1978 1978 (Maple and Elmhurst Road) to the low bidder, North Shore Cement, in the amount of $46,313.40. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kraves Motion declared carried. AMENDMENT Moved by Seitz, seconded by Leer, to adopt the recommendation Flammable of Fire and Civil Defense Committee to amend Section 7-2-45 Liquid Code of the City Code to include the following: "that all contractors conducting said tests be licensed in the City of Des Plaines and said license be issued by the licensing officer with approval of the Fire Chief or his agent and that the applicant produce proof of liability insurance in the amount of $300,000 upon review of the City Comptroller and that said license be renewed each year - fee to be as determined by the licensing officer." (having to do with the Flammable Liquid Code). Motion declared carried. (City Attorney to draft necessary ordinance). TEMPORARY Moved by Seitz, seconded by Erbach, to adopt the recommenda- PERSONNEL tion of Fire and Civil Defense Committee that the Mayor Paramedics and Fire Chief be authorized to hire paramedic personnel as required on a temporary basis. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding. NAYS: 0 - None ABSENT: 1 - Kraves Motion declared carried. RESOLUTION R-5-78 Fire Chief Donald Corey RESOLUTION R-6-78 Deputy Chief Larry Crosby TREES HERBERT H. BEHREL PARKING PLAZA LANDSCAPING 5/1/78 Page Five 48. Moved by Seitz, seconded by Birchfield, to adopt Resolution R-5-78, expressing gratitude to Fire Chief Donald H. Corey for his twenty eight years of public service and conveying the City's best wishes for a long and happy retirement in Estes Park, Colorado. Motion declared carried. Moved by Seitz, seconded by Meyer, to adopt Resolution R-6-78 expressing gratitude to Deputy Fire Chief Lawrence Crosby for his twenty one years of public service and conveying the City's best wishes to him and his wife for a long and happy retirement in Ocala, Florida. Moved by Birchfield, seconded by Ensign, to adopt the recommendation of Beautification and Forestry Committee that since 13 Scotch Pine trees are not available from Klehm's, that the 13 Scotch Pine trees be purchased from Simonsen's Nursery at the same price. Motion declared carried. Moved by Birchfield, seconded by Ward, to adopt the recom- mendation of Beautification and Forestry Committee that the soil on the north side of Herbert H. Behrel Parking Plaza be removed and replaced due to high residue level of insecticide, at a cost of approximately $1,200.00, in connection with the landscaping program. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kraves Motion declared carried. rf ALLEY Referred to Traffic Commission and Streets and Traffic Oakton &.Lee Committee was Alderman Birchfield's request for study to determine possibility of one-way alley behind the Des Plaines Bank at Oakton and Lee due to traffic congestion for blocks, particularly on Friday nites and Saturdays. FENCE 1314 Fargo Moved by Leer, seconded by Erbach, to adopt the recommenda- tion of Building Control and Inspection Committee to approve the fence variation, front yard, providing height meets existing adjoining fence, at 1314 Fargo Ave. Motion declared carried. FENCE Moved by Leer, seconded by Kisslinger, to adopt the recom- 10 E. Terrace mendation of Building Control and Inspection Committee to approve the front yard fence at 10 E. Terrace, providing a set back of 10 feet is maintained from the front property line. Motion declared carried. LIQUOR LIC. CAFE LACAVE Mannheim Rd. LIQUOR LIC. Barnaby's 636 E. Touhy INSURANCE CO. BUSINESS REGISTRATION FEES Moved by Kisslinger, seconded by Koplos, to adopt the recom- mendation of License and Inspection Committee to approve the request for Class A Liquor License to be issued to Cafe LaCave, Mannheim Road, reorganized under a general partnership, upon payment of $2,500. Motion declared carried. Moved by Kisslinger, seconded by Erbach, to adopt the recommendation of License and Inspection Committee to grant a Class H (Beer and Wine) Liquor License to owners of Barnaby's Restaurant, located at 636 E. Touhy Avenue. Motion declared carried. Moved by Kisslinger, seconded by Birchfield, to adopt the recommendation of License and Inspection Committee to refund Business Registration fees to Insurance agents, but not insurance brokers, due to State of Illinois regulations. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kraves Motion declared carried. Ag& 1 1 ZONING CASE 78-1-V 1293 Oakwood BEILFUSS SUBDIVISION 2283 Eastview ZONING CASE 78-16-V 1648-50 River St. ZONING CASE 1436 Thacker 78-12-R ZONING CASE 78 -15 -SU 1350 Miner ORDINANCE Z-8-78 2655 Mannheim 1 ORDINANCE Z-9-78 885 E. Touhy Parking Mill Street APPOINTMENT FIRE CHIEF ORDINANCE M-13-78 Liquor Lic. 5/1/78 49. Page Six Moved by Szabo, seconded by Meyer, to adopt the recommenda- tion of Municipal Development Committee to deny petition for variation, Zoning Case 78-1-V, property located at 1293 Oakwood Ave. Motion declared carried. Moved by Szabo, seconded by Erbach, to adopt the recommenda- tion of Municipal Development Committee to approve Plat of Beilfuss Subdivision, located at 2283 Eastview Avenue, and authorize Mayor and City Clerk to sign the plat. Motion declared carried. Moved by Szabo, seconded by Meyer, to adopt the recommendation of Municipal Development Committee to deny petition for variation, Zoning Case 78-16-V, property located at 1648-50 River Street. Motion declared carried. Moved by Szabo, seconded by Meyer, to adopt the recommendation of the majority of Municipal Development Committee to deny petition to rezone from C-4 to R-5 property located at 1436 Thacker Street, Case 78-12-R. Alderman Erbach submitted a minority report stating that the subject property was located near a church and school and should not be used for commercial use but residential. Following discussing, upon roll call, the vote was: AYES: - 13 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Sarlo, Meyer, Seitz, Abrams, Ward NAYS: 3 - Birchfield, Erbach, Mayor Volberding ABSENT: 1 - Kraves Motion declared carried. Moved by Szabo, seconded by Koplos, to adopt the recommenda- tion of Municipal Development Committee to grant rezoning and special use of property located at 1350 Miner Street, Case 78 -15 -SU. Motion declared carried. MOVed by Koplos, seconded by Szabo, to adopt Ordinance Z-8-78, AN ORDINANCE AUTHORIZING A SPECIAL USE TO CONVERT AN EXISTING GAS STATION TO A RESTAURANT AT 2655 MANNHEIM ROAD, CASE NO. 78 -4 -SU. Upon roll call, the vote was: AYES: 4 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Sarlo, Meyer, Seitz, Abrams, Ward 3 - Birchfield, Erbach, Mayor Volberding NAYS: ABSENT: 1 - Kraves Motion declared carried. Moved by Szabo, seconded by Erbach, to adopt Ordinance Z-9-78, AN ORDINANCE AUTHORIZING A SPECIAL USE TO REMODEL PUMP ISLANDS AT A SELF-SERVICE GAS STATION AT 885 EAST TOUHY AVENUE, CASE NO. 78 -10 -SU. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kraves Motion declared carried. Alderman Szabo's request for No Parking on Mill Street at the east end of the cul-de-sac from the fire hydrant on the south side of the street around the cul-de-sac was referred to Traffic Commission and Streets and Traffic Committee. Moved by Kehe, seconded by Seitz, to concur with Mayor Volberding's appointment of Captain Charles Gedroic as Fire Chief. Motion declared carried. Moved by Kisslinger, seconded by Erbach, to waive First Reading and place on passage Ordinance M-13-78, AN ORDINANCE DECREASING CLASS A TAVERN LIQUOR DEALER'S LICENSES BY ONE (1). Motion declared carried. Moved by Kisslinger, seconded by Birchfield to adopt Ordinance M-13-78. Upon roll call, the vote was: /V6 1 1 ORDINANCE M-13-78 Continued ZONING CASES 78 -3 -PUD 78 -17 -SU 78-20-R 78-24-V APPOINTMENTS SANDRA'S RESUBDIVISION 970 North Ave. ARLINGTON - PRAIRIE SUBDIVISION PETITION SANITATION DEPT. RAND-EARLE PROPERTY STOP -SIGNS Anita & Evergreen ALLEY Civic Center ADJOURNMENT: 5/1/78 Page Seven 50. AYES: - 16 - Koplos, Szabo, Sullivan, Kehe, Ensign, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Sarlo, Meyer, Seitz, Abrams, Ward, Mayor Volberding NAYS: 0 - None ABSENT: 1 - Kraves Motion declared carried. Letters from Zoning Board of Appeals and Plan Commission in PUD and SU cases for the following cases were referred to the Municipal Development Committee: 78 -3 -PUD - 850 E. Oakton 78 -17 -SU - 34 N. River Rd. 78-20-R - 1101 S. Elmhurst 78-24-V - Northwest corner of Rand and Wolf Moved by Sarlo, seconded by Sullivan, to concur with Mayor Volberding's reappointment of Rev. James Jackson to the Youth Commission, term to expire April 30, 1981. Motion declared carried. Moved by Koplos, seconded by Leer, to co cur with Mayor Volberding's reappointment of Mr. Franz to the Traffic Commission, term to expire April 30, 1583. Motion declared carried. Moved by Sarlo, seconded by Seitz, to concur with Mayor Volberding's appointment of the following to the Electrical Commission, terms to expire April 30, 1979: Michael Danzi, Chairman; Vernell Jacks; Charles Gedroic; Robert Bowen; George Wade and James Cuny. Motion declared carried. Plat of Sandra's Resubdivision, located at 970 North Avenue was referred to the Municipal Development Committee. Plat of Arlington -Prairie Subdivision located at 704 Arlington Avenue was referred to the Municipal Development Committee. Petition from employees of the Sanitation Department re operation of the Sanitation Department was referred to the Sanitation Committee. Moved by Meyer, seconded by Birchfield, to request the Historical Landmark Commission to delay holding a public hearing on the Rand -Earle property proposed reclassification in zoning for a period of sixty days. Motion declared carried. Alderman Kisslinger's request for three way stop signs at the intersection of Anita and Evergreen was referred to the Traffic Commission and Streets and Traffic Committee, signs to be installed by Police Order awaiting council action. Alderman Erbach's request for alley behind Civic Center to be one way going west was referred to Traffic Commission and Streets and Traffic Committee. Moved by Kehe, seconded by Leer, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:1,1 P.M. APPROVED BY . THIS DA of _� , 1978 , HERBERT . VOLBERDING, MAYOR Bertha Elean Rohrbach,"City Clerk