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Council Minutes 101766255 MINUTES OF THE REGULAR MEETING OF 1 . THE CITY COUNCIL OF THE CITY OF , DES PLAINES, ILLINOIS, HELD IN THE COUNCIL ROOM, CITY HALL, MONDAY, OCTOBER 17, 1966. CALL TO ORDER: The regular me eting of the City Council of the City of Des Plaines was called to order by Mayor Herbert H. Behrel at 8:05 P.M. The meeting opened with a prayer by Rabbi Mark Shapiro followed by the pledge of allegiance to the flag. ROLL CALL: Roll Call indicated the following aldermen Present.:· Shillington, Figard, Czubakowski .~ Wagner, Swanson, French, Martin, Bonaguidi, Rateike, Szabo, Wright, Bolek, Leer. Absent was Alderman Pri•kett. Present also were City Comptroller Blietz, Police Ch~ef Kennicott, Fire Marshall Arndt, Building Commissioner ·schuepfer, Commissioner of Public Wor~ Warnicke, City Engineer Fletcher, Civil Defense Director Arthur, and City Attorney Robert J. DiLeonardi. APPROVAL OF MINUTES: It was moved by Alderman Rateike· and seconded by Alderman Shillington· that the Minutes of the regular meeting of October 3, 1966, be approved as pub- lished. A correction was made on Page one, paragraph 4, changing the name Warnicke to Schwab. Motion Carried. OPEN BIDS: Cleaning of ~ludge Pit & Removal It · was moved by Alderman Wright and seconded by Alderman Swanson to open the bid reca ved for cleaning the lime sludge pit and removal and disposal of semi-dry lime sludge. Motion Carried. One bid was received from Trumbull Excavating in the amount of $2.25 per yd for approximately 4,000 yards semi-dry lime sludge removal and disposal and $25.00 per hr. for sludge removal from both lagoons using a Dragline Machine .with 70' boom and 1 cu. yd. bucket, estimated to require approximately 48 hrs. for a total bid of $10,200. Said bid was referred to the Water and Finance Committee upon motion by Alderm1p Swanson and seconded by Alderman Figard. Motion Carried, Rock Salt . Morton Salt Company Hardy Salt Company International Salt Co. The Carey Salt Co. Diamond Crystal Salt co. Cargill, Inc. It was moved by Alderman Figard and seconded by Alderman Rateike to open bids received for Rook Salt. Motion Carried. The following bids were received: $12.80 per ton 12.80 per ton 12.80 per ton 14.30 per ton 12;so per ton 12.80 per ton with Inhibitor -$23.20 No bid N·o bid No bid No bid with Inhibitor -$16.80 It was moved by Alderman Swanson and seconded by Alderman Wright to refer above bids to Parking Lots Committee, Streets and Traffic Committee, and Finance Committee for study and report. Motion Carried. Installation .of Emergency Generator System It was moved by Alderman Leer and seconded b~ Alderman Martin to open bids received for the installation of the Emergency Generator System. Motion Carried, The following bids were received: Mid-America Electric, Co., Inc. Charles Johnson's Electric Co., Inc. Benge Electric, Inc. Total $4, 898 .oo 4,810.00 4,467.00 3,877.49 G & I Electric, Inc. It was moved . by Alderman Shillington and seconded by Alderman Wright to refer above bids to the Civil Defense Committee, Dir.ector of Civil - Defense, and Finance Committee, for study and report. Motion Carried. , r REPORTS OF CITY OFFICIALS: The Clerk submitted Comptroller's statement . . of Cash Receipts from January to September; Comptroller's report of Appropriation Expenditures from January to September; and nine month report of Fire Department which :were ordered to be placed on file. 256 10/17/66 Report of Comptroller Blietz Page two Comptroller Blietz reported the following: "The City Council of the City of Des Plaines passed an ordinance in November, 1965, , establishing a Municipal Leasing Occu- pation Tax. All monies collected have been held by the State of Illinois, Department of Revenue, pending a court ruling. The De1Rrtment of Revenue has now advised us that the Circuit Court of Cook County has ordered the rele~s~ of these funds aqd the State Treasurer will issue a warrant in the amount of $27,119.22 to the City of Des Plaines." He further reported that the City has received the second installment of the 1965 Tax Levy. The total collections of taxes for 1~66 amou~t to $890,027.84. Collections of current year taxes ~xpressed as a perceptage o~ the tax (levy are 87~ as compared to 8~ last year. Report of Hearing _ Middle States Tel. Co. Comptroller Blietz reported on the hearing he attended in Springfield October 10, 1966, before .the Illinois Comm .erce Commission by Middle State.s Telephone Company of I ,llinois, re- garding their application for authority to estaplish a special de·preciation reserve and make special depreciation charges to offset extraordinary retirements. He reported that Middle States Telephone Company, represented by Martin M. Wandrey, Vice-President, stated that the amount of $700,000 per _year for the years 1~66 thru 1978 would be an operating expense of the company and tha;t the Company has no intentions of filing for an. in- crease in telephone rates at this tim~. Dates for Budget Hearings Comptroller Blietz set dates for budget hearings with the Finance Committee as follows: Wednesday, November 9th - Public Works Department; Wednesday, November 16th, Police and Fire; and Wednesday, November 23rd, Buil~ing and cmunds 7:30, License and Health, 8:00, B~ilding Control and Inspection, 8:15, Legal, 8:30, Civil Defense 8:45, Clerk 9:00, All other 9:00; Wednesday, December 7th, Committee of the Whole. Report of Building Commissioner Schuepfer . ' Building Commissioner Schuepfer reported on the r~cent publicity of the Building Department stating that he believes the situation is in the process of beiµg corrected. He renewed his request that a Cash Bond be required at -the time the Building Permit is issued to be returned at the time a Certificate of Occupancy is issued. It was moved by Alderman Szabo and seconded by Alderman Leer to authorize the City Attorney. to draft the ned~ssary amendment to the ordinance requiring a cash deposit ~or certificate of occupancy and penalties for violation thereof. Motion Carried • .. Library Expansion City ,Attorney DiLeonardi repdrted that the ~ibrary Board has passed a Resolution which is the First .step necessary for the expansion of library facilities to ~he nor~h. After explaining the secQnd step of obtaining preliminary pLans and estimate ot cost, it was moved by Alderman Wagner and seconded by Alderman Shillington to author- ize the Library Board to engage an architect for the purposes of preparing preliminary plans and estimate of co~t. After considerable discussion, Motion was withdr~wn and Alderman W.agner was requested to meet with the Library Board requesting them to obtain estimates of cost for architectural services in preparing preliminary plans and estimate of cost. Alderman Wa.gner, Chairman of the Library Committee, set a meeting of said Committee with the Library Board for Tuesday, October 18, 1966, with City Attorney Di Leonardi ... Agreement -Walter J. Shall and Enzo J. Frediani & City of Des Plaines -Sewers City Attorney DiLeonardi reported that he has. ap pro.ved the agreement as to ~orm between the City of Des Plaines and Walter J. Sh•ll and Enzo J. Frediani, , Contractors for t)le purpose of charging a tap-on fee to the storm and sanitary sewers being laid by said con- tractors to Big Bend Subdivision until the principal amount ot $6,180.25 has been recovered. It was moved by Alderman Figard and se c onded by Alde.rman Czubakowski .to authorize and direct the Mayor and City Clerk to execute the aforementioned agreement. On Roll Call, the vote was: AYES: -14 '-Aldermen Shi 11 ington, Figard, Czubakowski, Wagner, Swanson, French, Martin, Bonaguidi! Rateike, Szabo, Wright, Bolet, Le e r, Mayor. NAYS: -None; ABSENT: - A derman Prickett o There being fourte'en affirma- tive votes, MOTION CAHRIED. Easement -Birch St. Improvement Page three 10/17/66 257 City Attorney DiLeonardi explained that in order to complete the Birch Street Improvement by Special Rssessment it would be necessary to purchase an · · easement right from one of the property owners. It was moved by Alder- man Swanxon and seconded by Alderman French to authorize and direct the City Attor~ey to purchase the aforesaid easement right for a cost of $300. On Roll Cal. I', the vote was: . Adopt Resolution - Metropolitan Sanitary District AYES: -14 -Aldermen Shillington,-Figard, Czubakowski, Wagner, Swanson, French, Martin, Bonaguidi, Rateike, Szabo, Wright, Bolek, Leer, Mayor. NAYS: 0 -None · ABSENT: -1 -Alderman Prickett There being fourteen affirmative votes, Motion Carried. · It was moved by Alderman Martin and sec- onded by Alderman Bonaguidi to adopt a resolution authorizing and directing the City Attorney to take whatever affirmative steps necessary to prohfbit the Metropolitan Sanitary Dis.trict of Greater 'Chicago from acquiring and using the real es- tate commonly known as the Southeast corner of Oakton Street and Elmhurst Road as a sewage disposal plant, including the filing of suit or suits. Acquire Real Estate - 1471 Park Place ORDINANCE Z-11-66 - Zoning -Rand & Wolf On Roll Call, the vote was:' AYES: -14 -Aldermen Shillington, Figard, Czubakowski, Wagner, Swanson, French, Martin, Bonaguidi, Rateike, Szabo, Wright, Bolek, Leer, Mayor. NAYS: 0 -"None . ABSENT: -1 -Alderman Prickett There being fourteen affirmative votes, MOTION CARRIED. It was moved by Alderman Szabo and seconded by Alderman Rateike to adopt a resolution authorizing the City Attorney to take whatever steps necessary to complete the purchase on behalf of the City, the pro- perty located at 1471 Park Place (Jefferson) for the price of $21,soo.oo On Roll Call, the vote was: AYES: -14 -Aldermen Shillington, Figard, Czubakowski, Wagner, Swanson, French, Martin, Bonaguidi, Rateike, Szabo, Wright, Bolek, Leer, Mayor. --NAYS i 0 None ABSENT: -1 -Alderman Prickett There being fourteen affirmative votes, MOTION CARRIED. City Attorney DiLeonardi expressed his legal opinion with respect to the protest and covenant that was produced, stating that the protest filed would require a 2/3 vote of all alderman or (10) ten votes to pass. Also that he still has great doubt that there is a real covenant running with the land when a Municipality seeks to enforce the restrictions in connection with a zoning ordinance. The City Attorney suggested that Council recess and go into a closed session before· a vote is taken on. Ordinance Z-11-66. Council recessed from 9:20 P.M. to 9:35 P.M. Fbllowing the recess, it was moved by Alderman Szabo and seconded by Alderman Swanson to adopt Ordinance Z-11-66 after second reading. On Roll Call, the vote was: AYES: -0 -None NAYS: -12 -Aldermen Shillington, Figard, Czubakowski, Wagner, Swanson, Frenoh, 8onaguidi, Rateike, Szabo, Wright, Bolek, Leer. ABSENT: 1 -Alderman Prickett Mayor Behrel excused Alderman Martin from voting because of direct interest. There being twelve negative votes, MOTION LOST• 258 10/17/66 COMMITTEE REPORTS: ZONING CASE 66-23-SU N.w. Corner Lee & VanBuren Page four Alderman French, Chairman of the Municipal Development Committee, made the following report: "Your Committee on MUIIbipal Devel• opment has investigated Zoning Case 66-23-SU and has found (1) the Flan Commission approved "Special Use" with the stipu- lation on hours .7 A.M. to 11 P .M., no sale of :flammable liquids, no traffic hazards; (2) the Zoning Board approved on a vote of 7-o with further stipu- 'lations f ( 3) A special meeting of the Municipal Development Committee was held to consider statements of objectors and petitioner; (4) Evidence that the r requirement of a "left turn only" on VanBuren street was adequate solution for the traffic hazard developed on Lee Street by such a devel- opment was· lacking. Friday evening and Saturday all day traffic is probably sufficient at present to cause serious traffic tie-ups if the additional traffic burder of the car wash weiepermitted; (5) Required stan~ards listed in 11-9-7 not adequately met. These are (a) is deemed necessary for the public convenience at that location (b) is so designed located and proposed to be o~erated that the public health, safety and welfare will be protected (cJ will not cause substantial injury to the value of other property in the neighborhood in which it is located. We your Committee on Municipal Development therefore recommend that the petition be denied." It was moved by Alderman French and seconded by Alder- man Bolek that Council concur in said report. Motion Carried• Delivery Vehicle Noise Nat"ional Tea Co. It was moved by Alderman Martin and seconded by Alderman Bonaguidi that Council concur with Streets and Traffic Committee and Traffic Commission's (recommendation that the City Clerk write a letter to the home office of National Tea Company regarding the complaint of noise of delivery vehicles in the very early hours of the morning at their location of Algonquin and Lee Streets. Motion Carried. Intersection; Stillwell and Sunset Approve MFT .Resolution Repair and replacement of Sidewalks -Miner ·street from Graceland to Des Plaines ' ~Avenues · Streets and traffic Committee Meeting Traffic Lights -Maple & Touhy It was moved by Alderman Martin and seconded by Alderman Rateike that Council concur with Traffic Commission and Streets and Traffic Committee's recommendation that no change be made in the present control system at the intersection of Stillwell and Sunset. Motion Carried. It was moved by Alderman Martin and seconded by Alderman Bonaguidi to concur in Streets and i~aft~~tcommittee's recommendation/tne°Mrf resolution requesting $1500 in MFT funds to repair and replace sidewalks along Miner Street from Graceland Avenue to Des Plaines Avenue. On Roll Call, the vote was: AYES:: -14 -Aldermen Shillington, Figard, Czubakowski, Wagner, Swanson, French, Martin, Bonaguidi, Rateike, Szabo, Wright, Bolek, Leer, Mayor NAYS: 0 -None ABSENI': 1 -Alderman Prickett There being fourteen affirmative votes, M<Yr I ON CARRIED. Alderman Martin, Chairman of the Streets and Traffic Committee, set a meeting of said Committee for Mond~y,. October 24, 1966, at 8 P.M. with the Commissioner of Public Work~. It was moved by Alderman Wagner and seconded by Alderman Szabo to authorize and direct the City Engineer to draw the preliminary plans and specifications for traffic lights at the intersection of Maple & Touhy Avenues. Motion Carried. r Award Bid -Bleaning & Removal of Sludge Watermain -Iroquois Jr •. High School Request -Nielsen's Restaurant re tap for sewer and water Committee Meeting Amendment to Bldg. Code Basement & Sub-basement Ceilings Youth Appreciation Week Nov. 14 thru 21 Committee Meeting Civil Defense - 259 Page five 10/17/66 .It was moved by Alderman Figard and seconded by Alderman Swanson to concur in Water and Finance Committee• s recom- mendation to award the bid for the .cleaning of the sludge bed and removal of sludge to Trumbull Excavating Co. for a total sum of $10,200. On Roll Call, the vote was: AYES: -14 -Aldermen Shillington; Figard, Czubakowski, Wagner, Swanson, French, Martin, Bonaguidi, Rateike, Szabo, Wright, Bolek, Leer, Mayor NAYS: 0 -None ABSENT: -1 -Alderman Prickett There being fourteen affirmative votes, MOT.ION CARRIED. It was moved by Alderman Figard and seconded by Alderman Czubakowski that Council concur in Water Committee's recommendation to extend the Watermain to be installed on Touhy Avenue to ser- vice the Iroquois Jr. High School, the City's share of the cost to be approxi- mately $3,000. On Roll Call, the vote was: AYES: -14 -Alde~men Shillington, Figard, Czubakowski, Wagner, Swm son, French, Martin; Bonaguidi, Rateike, Szabo, Wright, Bolek, Leer, Mayor NAYS:: 0 -None ABSENT: - 1 -Alderman Prickett There being fourteen affirmative votes, MOTION CARRIED. Mayor Behrel reported that he and the City Engineer met with Mr. John P. Jensen of Nielsen's Restaurant and a satisfactory solution has been accomplished for Nielsen's Restaurant to tap onto the City's sewer and water mains for their proposed building at Wolf and Central. Alderman Szabo, Chairman of the Building Control and Inspection Committee, set a meeting of said Committee for Thursday, October 20th at 7:30 P.M. It was moved by Alderman Szabo and seconded by Alderman Wright that Council concur in Building Control and Inspection Committee's .r~commendation to authorize and direct the City. Attorney to draft the necessary amend- ment to the Building Code re basement or sub-basement ceilings -to be constructed from fire rated material in commercial or multiple family buildings per letter from Fire Chief Arndt. Motion Carried. It was moved by Alderman Leer and seconded by Alderman Wright that Council concur in Youth Activity Committee's recommendation that the week of November 14 thru 21 be declared Youth Appreciation Week in Des Plaines, Illinois, and that the Mayor be authorized to sign a Proclamation to this effect. Motion Carried. Alder.man Leer, Chairman of the Civil Defense Committee, set a meeting of said Committee for Wednesday, October 26th, at 7:30 P.M. with the Civil Defense Director. 260 10/17/66 Insurance Committee Meeting Page six . Alderman Swanson .t. Chairman of the Insurance Committee, set a meeting of said Committee for Monday, October 24th at 7:15 P.M. APPROVAL OF BILLS PAYABLE: Alderman Swanson, member of the Finance Committee, present~d the following resolu- tion: BE IT RESOLVED BY THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THE MAYOR AND CITY CLERK BE AND HEREBY Al/THORIZED TO MAKE PAYMENT FOR SAME: Total $165,428.58. It was moved by Alderman Swanson and seconded by Alderman Bonaguidi that Council adopt the aforesaid resolution. On Roll Call, the vote was: ( AYES: -14 -Aldermen Shillington, Figard, Czubakowski, Wagner, Swanson, French, Martin, Bonaguidi, Rateike, Szabo, Wright, Bolek, Leer, Mayor NAYS:: 0 -None ABSENT: -1 -Alderman Prickett There being fourteen affirmative votes, MOTION CARRIED ... UNITED NATIONS DAY Alderman Czubakowslci, Chairman of the United Nations Committee, reported that 120 letters have been sent to various civic organizations., regarding United Nations Day, October 24th, and from the replies received it is ind'icated that recognition of the day with literature, programs,. pos.ters, books will be accomplished in the schools, library, etc. ORDINANCE M-26~66 Increase Vehicle Ljcense Fees ORDINANCE T-11-66 Restrictive Parking - I Perry street ZONING CASES 66-29-R and 66-30-R -Algonquin Road E. of C & NW between Thacker and Algonquin I Municilal Development Commit ee Meeting ZONING CASE 66-27-R 19421 Lee Street After Second Reading, it was moved by Alderman Rateike and seconded by Aldennan Bonaguidi to adopt Ordinance M-26-66, increasing Vehicle License Fees. It was moved by Alderman Wagner and seconded by Alderman Figard to amend Ordinance M-26-66 Section 10-9-4 under all other motor vehicles -Gross Weight 3001 to a,ooo, Class B $15.00. Motion Carried. On Roll Call, the vote on amended Ordinance 1 M-26-66 was: AYES: -13 -Aldermen Shillington, Figard, Czubakowski, Wagner, Swanson, Martin, Bonaguidi, Rateike, Szabo, Wright, Bolek, Leer, Mayor. NAYS: -1 -Alderman French ABSENT: -1 -Alderman Prickett There being thirteen affirmative votes, MOTION CARRIED. Placed on First Reading was Ordinance T-11-66 having to do with restrictive parking on either side of Perry Street from 8 a.m. to 5 P .M., Monday through t Friday. It was moved by Alderman Leer and seconded by Alderman Bolek that Council concur with the Des Plaines Zoning Board of Appeals in denying petition to Julius Cohen on Cases 66-29-R and 66-30-R on property located on Algonquin Road east of the C&NW between Thacker and Algonquin. Moti~n Lost. Letters regarding the aforementioned cases were referred to the Municipal Development Committee for study and report. Alderman French, Chairman of the Munhipal Deve\opment Committee, set a meeting of said committee for Wednesday, October 26th at 8 P .• M. The Letter from the Des Plaines Zoning Board 9f.Appeals regarding Case 66-27-R on property loc~ted at 1942 Lee Street was referred to the Municipal Development Co mmittee. ZONING CASE 66-26-A Area Regulations ZONING CASE 66-28-SU Route 83 South of Dempster Letter -Des Plaines Zoning Board of Appeals re employ- ment of Full-Time Zoning Administrator & Planning Consultant Building, C,ontrol and Inspection Compiittee. Meeting Zoning prpinanpe Amendment \ Amendment to Zoning 1 Code Section 4C.5 Cook County Dockets 982, 983, 1107, 1108, and 1109 KOLTON'S RESUBDIVISION Request for Sewer Agreement Hawthorne Lane Area Sidewalks -South Side Howard Street Advertise for Bids Tractor -st. Dept. Page seven 261 The letter from the Des Plaines Zoning Board of Appeals regarding Case 66-26-A regarding Area Regulations was referred to .the Municipal Development Committee. The letter from the Des Plaines Zoning Board of Appeals regarding Case 66-28-SU on property located along Route 83 south of Dempster for special use to install a coin-operated car wash was ref erred to the Municipal Development Committee for study and report. The letter from the Des Plaines Zoning Board of Appeals regarding tpeanployment of a full-time zoning administrator and planning consultant was referred to the Building Control and Inspection and Finance Committees and the Mayor for study and report. Alderman Szabo, Chairman of the Building Coptrol and Inspection Committee set a meeting of said Committee for Thursday, October 20th, at 7: 30 P .M .: .; The letter from Building Commissioner Schuepfer regarding an amendment to the Zoning Ordinance pertaining to parking and area regulations under Section 6G.2B and 6E was referred to the City Attorney for necessary petition to the Zoning Board. ~ .It was m<oved by Alderman Szabo and seconded by Alderman Rateike to authorize and direct the City Attorney to draft the necessary amendment to the Zoning Ordinance of 1960 amending Section 4C.5 in C-3 Regional Shop·ping District peer Building. Commissioner's recommendations. Motion Carried. It was requested that the City Attorney attend the hearing October 21, at 3 P.M. 'in Des Plaines City Hall on Cook County Zoning Dockets #982, 983, 1107, 1108, and 1109. Plat of Kolton•s Resubdivision of two lots was referred to the Municipal Development Committee for study and report. The request for a sewer agreement between the City of Des Plaines and the residents of the Hawthorne Lane Area for' future tap on fees to be recovered was ref erred to the Sewer Committee, City Engineer and c.ity Attorney for study and report. It was moved by Alderman Wagner and seconded .bY Alderman Szab.o that Council request the Des Plaines Park District and the Good Shepherd Lutheran Church to install side- walks on .the South Side of Howard Street kotion Carrie~. · 'It was moved by Alderman Mart in and ~econded by Alderman Figard that Council 'concu·r in' 'streets and Taaffic Committee's recommendation to advertise for bids, 'returnable Nov~ember 7, 1966, for ftem 27 on the Prio'r 'i ty Schedule, a small tractor for the Street Department, the Commdlssioner 'of Public Works to draw the n ·ecess:ary specificat1ons: Motion Carried. /' ,' / It~~ved.~~Aldermcyi Shil~ngton and ~~~ d by ~~erman~ateik ~~at the eg- ula meeting of the Cit Council ad ourn. ________________ _,_, ______ __, ____________ ~~~~~~ 262 10/17/66 ADJOURNMENT: Page eight It _was moved by Alderman Shillington and seconded by Alderman Rateike that the regular meeting of the City Council adjourn. Motion Carried. _ APPROVED BY ME THIS -7 -cfi_, DAY OF Ac J J/~ti~/;~~ £ ~EJ~Jf:::d)k l, Bertha Eleanor Rohrbach City Clerk