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Council Minutes 12056612/5/66 276 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL ROOM, CITY HALL, MONDAY, DECEMBER 5, 1966 CALL TO ORDER: The regular ,meeting of the City Council of the City of Des Plaines was called to order by City Clerk B. E. Rohrbach at 8:10 P.M. The Meeting opened with a prayer by.Father David McCarthy of st. Zachary's Catholic Church followed by the pledge of allegiance to the flag. t ROLL CALL: Roll Call indicated the following aldermen present: Wright, Bolek, Leer, Figard, Czubakowski, Wagner, Swanson, Martin, Bonaguidi, Rateike, Szabo. Absent were Alder~en Prickett, Shillington, French. Present also were City Comptroller Blietz,. Marshall of Police Kennicott, Police Captain Hintz, Fire Marshall Arndt, Building Commissioner Schuepfer, Commissioner of Public Works Warnicke, City Engineer Fletcher, and City Attorney DiLeonardi. · There being a quaru~ present, the meeting was in order. APPOINTMENT OF'MAYOB.-BRO-TEM: It was moved by Alderman Czubakowski and seconded by Alderman Rateike that Alderman Figard act as Mayor Pro-Tem for the regular meeting of the City Council held December 5, 1966. Motiop Carried. APPROVAL OF MINUTES: OPEN BIDS: Fuel 6il -1967-68 Season Pure Fuel Oil Company Marland Oil -Company Sinclair Refining Co. Suburban Oil Lake Cook Farm Supply It was moved by Alderman Swans on and seconded by Alderman Martin that the M~nutes of the regular meeting of November 21, 1966, be approved as published. Motion Carried. It was moved by Alderman Martin and seconded by Alderman Wagner that the City Clerk open bids receiyed for fuel oil for the 1967-68 season. Motion Carried. The following bids were received: Delivered Price $.1050 per gal. Firm Price • 1015 per gal • Delivered Price .1190 per gal. Delivered Price .1010 per gal. co. Delivered Price .1100 per gal. It was moved by Alderman Rateike and seconded by Alderman Czubakowski to refer said bids to the Fire, Building and Grounds, ~~~/Library Committee, and ·Finance Committee for study and report. Motion Carried. STORM SEWER -Section #5 . It was moved by Alderman Leer and seconded by Aldennan Bonaguidi that the City Clerk open all bids received for Section Five of the Storm Sewer program. Motion Carried. The following bids were received: Blaine Saxton, Mokena, Ill. $642,511.30 559,713.00 725,971.75 577 ,-189. 55 727,174.45 648,005.95 573,878.70 571,362.53 575,686.10 Cassidy, Inc., Oak Brook, Ill. Sam Cerniglia Co. Peter Ciccone, Inc. Joseph w. O'Brien Co. Rock Road Construction Co. Rossetti Contracting Co. Scully, Hunter & Scully M & M Sewer ~ Grading It was moved by Alderman Wagner and seconded by Alderman Rateike "to refer said bids to the City Engineer, and Sewer and Finance Com mittees. Motion Carried. REPORTS a~ CITY OFFICIALS: The Clerk submitted the following reports to be placed on file: Statement of Appro- priation Exp·enditures January 1st to October 31st; Statement of Cash Receipts, January lst'to October 31st; Health Department for November; Building Commissioner's report for November; Minutes and Ag enda of Des P laines Human Relations Com mission. 277 12/5/66 Page two Report of City Enginee~ City Engineer reported that last '11lrnrsday he and Mayor Behrel attended a meeting with the newly elected Trustees of the Sanitary Dtstrict concerning the p roblems in this ar~a with regard to storm water and sanitary sewage disposal. Ile further reported that the pumping station is nearing completion that he, Alderman Bolek and nlderru an :Szabo had made inspection today to discuss the i&ems remaining to be completed. He also reported that Section #.2 qf the '3torm Sewer l?1rn g r a m has been completed and. ,the Algo~quin Sewer work began today. Report of City Attorney: City Attorney DiLeonardi reported that he prepared Ordinance M-28-66 adopting Volumes 1 thru 10 of the National :Fire Code, for the aldermen's consi d er- ation. Said <Ordinanc~ w~s re~erred to the Fire Committee for study and l:eport. c Golf-Mill Ar{ea Incorporation City. Attorney IJiLeonarrli revie¥ed with Co n ncil members the history of the incor- poration of the Golf-Mill Area.c He stated that a petition has been filed t<o include substantially that s ~ame area as the former petition voted by the electors in May, 1966, excepting that area where a strong opposition vote existed, to become a City. Wednesday night an e.ffort will be made with the proponents of the petition to enlarge their petition to include the two mile area ~urrounoerl by Greenwood one the east, Dempster on the south, Golf Rd. to the north and Potter Rd. to the east. It was moved by Alderman Rateike and seconded by Alderman Swanson that should the petitioners refuse to enlarge said petition, the City Attorney he hereby authorized to file objections on the same basis of the former petition voted in May, 1966. On aoll Call, the vote was: Peterson -Firemen's Pen_sion Fund Trustees Suit 'Acquisition of Graceland Avenue Parking Area Referred to th~ Parking Lots was the acquisition of lands AYES: -11 -Alctermen Wright, Bolek, Leer, Figard, Czubakowski, Wagner, Swanson, Martin, Bonaguidi, tt·a_t,eike, Szabo. NAYS: -0 -None . ABSENT: -3 -Aldermen P ricka;tx, Shillington French. There being eleven affirmative votes, Motion Carried. Attorney DiLeonardi reported that the Firemen's Pension Board of Trustees has hired an attorney to represent them in .the case of Richard Peterson VS Board of Trustees -Firemen's Pension Fund. City Attorney DiLeonardi discussed with Council the draft of the proposed downtown zoning ordjnance and accompanying maps. and Finance Committee for study and report for the Graceland Avenue Parking area. Memo -DAMP Commission City Attorney DiLeonardi submitted to Memo -Valiquet property Council a memorandum regarding the City's . possible withdrawal from DAMP Commission arid also f.indings on Zoning Case 66-27-R on property located at 194~ Lee Street, commonly known as the Valiquet property• Review of -Ordinance re Parking of Auto and House Trailers ~Residential zones COMMITTEE nEPORTS: Zoning Case 66-34-R 555 Wilson Lane ~ 1801 Rand Rd. Refer~ed to the City A~torney and Building Control and Inspec~tion Committee was a review of the Or.dinance with regards to , the parking and housing' of. auto and house I trailers •n residentially zoned properties. Alderman Wagner, member of Municipal Development Committee, made the following report: "Your Committee on Municipal Development has investigated Zoning Case 66-34-R on p~operty located at 555 Wilson Lane and 1801 Rand Road owned by Foo-est Hospital and has found (1) the Zoning Board approved the ~e~ition f~ve. to none· (2) One individual objector and Hawthorne Lane V1v1c Assoo;1at1on letter ~as received objecting to rezontng; (3) z ·oning previously ·:::ttelq~jn County before annexatio.n was R-2 Restricted Business District. }~e, .y~ur Committee on Municipal Development therefore recommend the City A,tto~ney be authorized to draw the necessary zoning ordinance, :tp approve the . said petition and grant c-2 Commercial .zoning o" It was ... moved by Alderman Zoning Case 66-34-R (Continued) Page three 12/5/66 278 Wagner and seconded by Alderman Martin that Council concur in said -report. After considerable discussion, it was moved by - Alderman Szabo and s·econded by Alderman Rateike to amend the motion to recommend C-2 Commercial Zoning on only the parcel located at 555 Wilson Lane and strike the parcel located at 1801 Rand Road. Motion to amend Carried. Motion as amended Carried. Zoning Case 66-33A Hospitals in C-2 It was moved by Alderman Wagner and seconded by Alderman Martin t hat Counci 1 concur in Municipal Develppment Committee's recommenda- tion to concur with the Zoning Board of Appeals to amend Paragraph 13 of Section 4B2 of the Zoning Ordinance of 1960 to read as follows: "Convalescent or rest homes; hospitals and clinics for human care including psychiatric and gener,.1 hospitals", and the City Attorney be authorized to draw the necessary ordinance amendment. Motion Carried. Zoning Case 66-36-R l639 E. Elk Blvd. It was moved by Alderman Wagner and seconded by Alderman Swanson that Council concur in Municipal Development Committee's recommenda- tj_on to concur with Des Plaines Zoning Board of Appeals in Case 66-36-R on prope rty located at 1639 East Elk Boulevard to rezone from R-2 to C-2 and authorize the City Attorney to draw the necessarv re-zonina: ardinance.i.. Mldcrman ""8zabtQ ,'anrl Alderman nateike 6 reouested actiondon renort n-e aererreo un-"f~-1 next mee -1ng -ana School noara ff ~ ne aov se 1n wr~~1ng. Fire Committee :Meeting Alderman Rateike, Chairman of the Fire ~-Committee, announced a meeting of said Committee for Thursday, December s, 1966, in the Fire Chief's office at 7:30 P.M. Amendment to Ordinance It was moved by Alderman Rateike and seconded -M-21-66 ~ Fire Extinguishers by Alderman Leer to concur in Fire Committee's recommendation to amend Ordinance M-21-66 re the servicing and repairing and refilling fire extinquishers per letter of Lt. Arthur and to authorize the City Attorney to draw the necessary amendment. Motion Carried. Amendment to Ord. M-28-65 Fresh Cut Christmas Trees It was moved by Alderman Rateike and seen nded by Alderman Czuoakowski to concur in Fire Committee's recommendation to refer the amendment to Ordinance M-28-65 regarding the sale of fresh Christmas trees within the interior of any.building or within fifty feet of any flammable liquid dispenser or storage of flam- . mable liquid,,, for study and report. Motion Carried. lo ~ ~ +-'1 If ·ft o v ,.., ~ '-I ~ ( It· Amendment to Ordinance It was moved by Alderman Rateike and seconded B-2-66 re Mo bi le Home Type by Alderman Martin t o concur in Fire Comrni t- structures and semi-trailers tee's recommendation to refer to the Building used as temporary warehouse Control and Inspection Committee and the Zoning Administrator the amendment to Ordin- ance B-2-66 regarding the parking of mobile home type structures and 1 the length of time a semi-trailer can be parked in Commercial and Industrial Districts as a temporary warehouse. Motion Carried. Parkjng on Maple St. at Federal Pacific Elec. Co. It was moved by Alderman Rateike and seconded by Alderman Swanson to concur in Fire Commit- tee's recommendation to refer to the Streets and Traffic Committee and Traffic Commission the parking of automobiles on both .sides of Maple Street at the Federal Pacific Electric Co., 2077 Maple Street, which impedes the movement of fire apparatus. Motion Carried. In discussion, it was suggested that the Traffic Commission study all industrial and commercial areas regarding parking which would impede the movement of fire apparatus. License, Healih & Inspection Committee Meeting Alderman Bolek, Chairl!lan of the License Health and Inspection Committee, sat a meeting of said Committee for 7 P.M., December 19th, to meet with representatives of Illinois Automatic Vending Merchandising Council re license fees. r Stop signs -Howard st. It was moved by Alderman ~artin and. seconded by Alderman Bonaguidi to concur in Streets and Traffic Committee's recommendation to refer sto..n s]J2:ns .on .Howard street in area of Plainfield School Crossings to the Traf~c ~mm1ss1on. 1"1o ·t.iou Carried. 279 12/5/66 30 Minute Parking - East Side of Lee .street Page four It was moved by Alderman Martin and seconded by Alderman Wright to concur in Streets and Traffic Committee's recommendation that --30 minute parking st al s be tnstalled from Prairie to Thacker Street on the east side of Lee Street in front of the business establishments in this area-~ these signs to be .bagged during peak traffic and shopping lot use if founcl necessary to improve traffic flow, and the City Attorney be authorized to draw the necessary ordinance with signs erected by Police Order in the tnterium. Motion Carried. Traffic Commission Reports Dulles f'i{ Beau Drive Prairie & Fourth Aveo --- Award Bid -Section 4 Storm Sewer Project Rossetti Contracting Co. Committee Meeting -Building Control and Inspection Approve Sign Request Fastex Div. Ill. Tool Works The Traffic Commission reports on the yield signs or stop signs at Dulles and Beau Drive and the stop signs at Fourth ~~venue and Prairie Aveo were referred to the Streets and Traffic Committee for study and reporto It was moved by Alderman Bonaguidi and seconded by Alderman Sz~bo to con9ur in Sewer Committee's recommendation to award the bid for Section 4 of the Storm Sewer project to the second lowest bidder, Rossetti Contracting Company, in the amount of $138,639p65, as the low bidder does not meet all ·-the specifica~ions. On Roll Call, the vote was: AYES: -11 -Aldermen Wright, Bolek, Leer _, Figard, Czubakowski, Wagner, Swanson, Martin, Bonaguidi, Rateike, Szabo. NAYS: 0 -None ABSENT: -3 Aldermen Pric~ett, Shilling- ton, French There being eleven affirmative votes, Motion Carried. Alderman Szabo, Chairman of Bui1ding Control and Inspection Committee set a meeting of said comrnitte~ for December 16th at 7 P.M. It was moved by Alderman saabo and seconded by Alderman Rateike to concur in Building Control and Inspection Committee's request . to approve the sign request pf Fastex Div. of Illinois Tool Works, 195 Algonquin Road, Des Plaines, Illinois, with the set back to be determined by the Building Commissioner and the Build- ing Commissioner be authorized to issue the necessary permit. Motion Carried. Parking Lot Committee Progress Report Alderman Wright, Chairrnan of the Parking Lots Committee, gave a progress report on the Committee's investigation of out- of town parkers consuming space in the Prairie Avenue Parking Loto After discussion, the possibility of in- creasing out of town license fees to use City Parking Lots was referred to the License Health and Inspection Committee for study and report. Pending Suit -Arthur Rogers Alderman Bonaguidi, Chairman of the Judiciary Committee, made the following report: "The Judiciary Committee has investigated the pending suit against Arthur Rogers, the willingness of Rogers~to settle the matter for an agreed fine and has found (1) The total number of days for which there was no certifieate of occupancy was 12; (2) There were three tenants in all who moved into the building without s u ch a certificate, and all occUJpies small offices; (3) All of the said tenants moved into Des Plaines from out-of-tolm and were forced to vacate their existing space prior to October l; (4) A heavy-duty operator's strike in the spring of this year delayed completion of the Roger's building by five weeks or more; (5) Rogers cured all of the major defects which prohibited the issuance of the certificate of occupancy w•t•in forty-eight hours after the tenants had moved in. His workman worked around the clock in making the corrections; (6) The specific items which the·Bnilding Commissioner advised Rogers were holding up the certificate were temporary wiring Suit -Arthur Rogers t (Continued) Page five 12/5/66 280 used in construction (this was corrected in 24 hours), there were no lights in the exit signs (this was corrected in 24 hours), there were temporary partitions separating the stairway and the lobby (this was corrected in 24 hours), and there were no~fire_extinguishers as required (this was t corrected in 48 hours); (7) The tenants occupied the premises only during <business hours; (8) The amount of rent received by Rogers from all three t ( ~ tenants for 'he twelve day period was much less than ~100 per day; ( 9) R<»gers contended that there were no open elevator shafts or open balconies~ Based upon the foregoi~g factors, it is the recommendation of this Cornmitt~e that the City Attorney be authorized to proceed with a settlement of the Rogers case for the sum of $1,200, which represents a fi~e of $100 per day for.the 12 day period involved." It was moved by A~derman Bonaguidi and seconded by Alderman Martin that Council concur in said report. Motion Carried. Attorney Burke's Statement -C.C & NW Zoning Case I After considerable discussion, Mayor Pro- Tem Figard set a meeting of the Committee as a whole for Monday, December 12th at 8 P.M. to meet with Attorney John Burke to discuss the progress of the Chicago and Northwestern Railway { ti.. ( k < zoning suit .as well as his statement received 1ns wee • ~ { APPROVAL OF <BILLS PAYABLE: Alderman Swanson, member of the Finance Committee, presented the following resolu- tLon! BE IT RESOLVED BY THE CITY OF DES PLAINES THAT 'l'HE FOL.LOWING BILLS ARE DUE AND PAYABLE AND THE MAY<R AND CITY CLERK RE .AN<D HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME: Total, $247;059.os. It was moved _by Alderman Swanson and seconded by Alderman Czubakowski that the aforesaid resolution be adopted. On Roll Call, the vote was: AYES: -11 -Alderman Wrig-htr Bolek, Leer, Survey of Rates -Illinois Bell Telephone Company aAd Middle States Telephone Co. .. ORDINANCE T-14-66 t Yield -Leahy Ci.role and Kathleen ORDINANCE T-15-66 4-way stops at Miller and Westgate Figard, Czubakowski, Wagner, Swanson, Martin, Bonaguidi, Rateike, Szabo. NAYS! 0 -None ABSENT: -3 -Aldermen Prc-ickett, Shilling- ton, French There being eleven affi.rmative votes, MOT IO~ CARRI ED. Referred to the City Comptroller and Finance Committee was the investigation of rates of Illinois Bell Telephone Company and Middle States Telep hone Company in relation to services rendered • After (second reading, it was moved by Alderman Rateike and seconded by Alderman Swanson to adopt Ordinance T-14-66 having to ?do with vehicles on Leahy Circle yield- ing the right of way to vehicles on Kath- leen Drive. On Roll Call, th~vote was: AYES: -11 ~Aldermen Wright, Bolek, Leer, Figard, Czubakowski, 1ragner, Swanson, Martin, Bonaguidi, . NAYS; ABSENT: Rateike, Szabo • O -None 3 -Aldermen Prickett, Shilling- ton, French There being eleven affirmative votes, MOTION CARRI: ED and Ordinance adopted After second reading, it was moved by Alderman Swanson and seconded by Alderman Martin to adopt Ordinance T-15-66 having to do with four-way stops at Miller and Westgate Roads. On Roll Call, the vote was: AY ES: -11 -Aldermen Wright, Bolek, Leer, Figard, Czubakowski, Wagner, Swanson, Martin, Bonaguidi, Rateike, Szabo. NAYS: 0 -None ABSE NT: 3 -Aldermen Prickett, Shilling-ton, French There being_ eleven affinnati ve votes, MOTION CARRI ED. 281 12/5/66 OHDINANCE B-8-66 Moving of Buildings ORDINANCE Z-13-66 Special Use -Coin Operated -Car Wash "House of Clean" south of Dempster & 83 t ORDINANCE T""l6-66 ~ No Par~ing and Two nour Yarking -Commerci&l areas Retention Basin -Oak Leaf Commons property APPOINTMENT: Electriaal £o~mission :Mr. George Wade RESOLUTION -MF~ -Designate t Maple, S!reetr from Howard Ave.- ,to Pratt. Avenue as Arsterial Sstreet #37 Request t~ Purchase remainder -Chicago ~-venu~ ( OAK LF.AF COMMONS -(Office) Subdivision -- \ c Evanston Youth Commis~ion Resolution ~ re Decentral- ization of ~uvenile( Court- Page six After second reading, itwas moved by Alderman Swanson and seconded b~ Alderman Wagner to adopt Ordinance B-8-66 requiring a permit and bond for the moving of any building within the City of Des Plaines. On Roll Call, the vote was~ AYES: -11 -Alderaen Wright, Bolek, Leer, Figatd, Ozubakowski, WagnerJ Swanson, Martin, Bonaguidi, Rateike, Szabo. NAYS: O None ABSENT: 3 -Alderman Prickett 1 Shillington, French There being eleven affirmative votes, MOT I ON CAnPJIED o After seeond reading, it was moved by Alderman Martin and seconded by Alderman Swanson to adopt Ordinance 'z-13-66 allowing a special use for a coin operated car wash to exist within the "House of Clean" to be located just south of Dempster and Rto 83. On Roll Call, the vote was: AYES: -11 -Aldermen Wright, Bolek, Leer, Figard, Czubakowski, Wagner, Swanson, Martin, Bonaguidi, Rateike, Szabo NAYS: 0 -None ABSENT: - 3 -Alderman Prickett, Shillington, French There being eleven affirmative votes, MOTION CARJU ED. Placed on First Reading was Ordinance T-16-66 having to do with two hour parking and no parking on various streets in the tndustrial and col!lrnercial areas. The letter from Mayor Dehrel, the letter from Attorney Meyer to City Engineer Fletcher, and the letter dated May 31, 1963, regarding retention basin on the Oak Leaf Commons property was referred to the Special Flood Control Committee for study and report. It was moved by Alderman Leer and seconded by Alderman Bolek that Council concur in Mayor Behrel's appointment of Mro Geor~e Wade, contractor, to the El-ectrical Commission to replace Mr. Henry Kaufman, term to expire April 30, 1967. Motion Carried. .It was moved by Alderman Martin and seconded by -Alderman Swanson to adopt the MFT Resolution designating Marle Street from Howard Avenue to Pratt Avenue as Arterial Street #37. Motion Carried. The letter from Mr. Ben Miner expressing a desire to purchase the remainder of Ch,cago Avenue was referred to the Munici-1 pal Development Committee for study and 1 report. The letter from the Plan Commission and- Plat of Oak Leaf Commons Subdivision was referred to the Municipal Development Commi.ttee for study and report. The letter from Evanston Youth Commission and Resolutj_on regarding decent_ralization of the Juvenile Court was referred to the Des Plaines Youth Commission for -study and report o Watermain Installation Central between Sycamore and Curtis stS. Lot Division -#32 in Westfield Gardens nn; Jdjpg Site -North Sidv of 0akton St. -Approx. 400 Ft. w. of Mt. Prospect Rd. Cook County Zoni~ Dockets 7fll23 and 1124 Lot Division -s. w. Corner Lee and Oakton Sts. Reguest for Class E Liquor License P~ul L. Kange ADJOURNMENT: 12/5/66 282 Page seven The letter from Attorney Levander repre- senting clients James L. Ray and Joe w. Waltmire pertaining to the installation of a watermain in Central Avenue between S;ycamore and Curtis Streets without re- quiring receipt ner contract dated Nov. · 19, 1962, before issuance of permit was referred to the Water Committee for study and report. The letter from Dowd, Dowd, and Dowd, and plats of survey requesting a division of Lot 32 in West field Gardens was referre to the Pan Commission for st udy and report. The letter from Wm. L. Kunkel & Co. re building site on the North Side of Oakton Street approximately 400 feet west of Mt. P rospect Road was referred to the Plan Commission for study and report. ( It was moved by Alderman Swanson and seconded by Alderman Wright to authorize the City Attorney to ·attend the Cook County Zoning hearings December 12th at 3:00 P.M. on Dockets #1123 and 1124. On Roll Call, the vote was: AYES: 11 -Aldermen Wright, Bolek,Leer, Figard, Czubakowski, Wagner, Swanson, Martin, Bonaguidi, -nateike, Szabo NAYS:· -0 '-None AnSENT: -3 -Aldermen Prickett, Shillington, French There ·being eleven affirmative votes, Motion Carried. The request for lot division of the 25 acres located at the southwest corner of Lee and Oakton streets and plat of Street Dedication was referred to the t Plan Commission for study and report. The letter from Attorney Kenneth G. Heyer for client Mt. Paul L. Kang of 5916 Main Street, Morton Grove, for Class E. Liquor license at property located at 2424 Dempster Street was referred to the license, health : and Inspection Committee for study and , report. It was moved by Alderman Rateike and seconded by Alderman Szabo that the regular meeting of the City Council adjourn. MOTION CARRIED. APPROVED BY ME THIS : / tJ ~ DAY OF ~d , 1966. A. D, . /) ~d~, ~YOR ~~/;$~ ~~~---......... ~ ........ --~----~.....-~~