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07/21/19697/21/69 167 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CITY HALL, MONDAY, JULY 21, 1969 CALL TO ORDER: The regular meeting 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 City Clerk Rohrbach, followed by the pledge of allegiance to the flag. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Wagner, Swanson, Thomas, Bonaguidi, Shillington. Alderman Szabo, Seitz and Michaels arrived a few minutes later. Absent was Alderman Czubakowski. Also present were: City Comptroller Blietz, Police Chief Chief Haag, Building Commissioner Schuepfer, Commissioner Works Warnicke, City Engineer Fletcher, and City Attorney There being a quorum present, the meeting was in order. MINUTES: Hintz, Fire of Public DiLeonardi. It was moved by Alderman Prickett, seconded by Alderman Bonaguidi, to approve the minutes of the regular meeting of July 7, 1969, as published. Motion declared Carried. Alderman Michaels and Alderman Szabo arrived at this time. REPORTS OF CITY OFFICIALS: Rockets Letter of Commendation Alderman Seitz Traffic Signals Third & Rand MFT -81CS Kiwanis" Propertyu Lunar Oil Placed on file were the following reports: Police Department 2nd quarter report; Fire Department Midyear report; City Comptroller's report of Appropriation Expenditures to June 30, 1969. Fire Chief Haag reported that he observed the Maine West Rocket Club demonstration at Olympia Park, Chicago, and from his observation this type of activity requires adult supervision and a large open area which is unoccupied. Following the report of Chief Haag regarding the July llth incident involving a fallen wire hitting an automobile, killing the occupant, it was movedLby Alderman Bonaguidi, seconded by Alderman Thomas, to authorize the Mayor to write a letter of commendation to the Fire Department commending them for the excellent performance in this incident and others for the City of Des Plaines. Motion declared Carried. arrived at this time. It was moved by Alderman Seitz, seconded by Alderman Sherwood, to advertise for bids for the traffic signals at Third Avenue and Rand Road - MFT Section 81CS, and authorize the City Engineer to draft the necessary specifications. Motion declared Carried. City Attorney DiLeonardi reported that the owners of the "Kiwanis" property have filed Notice of Appeal in the Court's decision - Case 66 L 2777. It was moved by Alderman Szabo, seconded by Alderman Prickett, to authorize City Attorney DiLeonardi to defend said appeal Upon roll call, the vote was: AYES: - 16 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor NAYS: - 0 - None ABSENT: 1 - Alderman Czubakowski There being sixteen affirmative votes, Motion declared Carried. City Attorney DiLeonardi reported that a cross-appeal has been filed in the Lunar Oil Case, the motion asking for a waiver of the time limit set for answer. to which an answer has been filed opposing. TEXT (Zoning) AMENDMENT Parking of Trailers Kiwanis" Property 7/21/69 168 Page two City Attorney reported the status of the proposed Zoning Text Amendment re parking of trailers and trucks in residential areas, stating that a public hearing has been held on the ordinance and that last April he wrote the Zoning Board enclosing the ordinance with minor changes requested by the Zoning Board following the hearing,and to date no response has been received. Brought to the Attorney's attention was the letter dated May 1, 1969, from the Zoning Board requesting a public hearing on the ordinance as amended....City Attorney to investigate further. Alderman Bolek questioned City Attorney DiLeonardi about the status of the "Kiwanis Property", which was related at this time. The Clerk read the letter received from the attorney for the owners, requesting a public hearing before the City Council, Zoning Board, and Plan Commission to consider a proposed Annexation Agreement. It was moved by Alderman Bolek, seconded by Alderman Koplos, that the City involuntarily annex subject property and authorize the City Attorney to draft the necessary ordinance. It was moved by Alderman Szabo, seconded by Alderman Prickett, to defer action on this motion and refer above letter and matter of annexation to the Judiciary Committee and City Attorney for study and report. Motion declared Carried. RESOLUTION Domestic Utility Services Case Following the report of City Attorney DiLeonardi on the status of the application of Domestic Utility Services Company before the Illinois Commerce Commission Co. to extend Certificate of Convenience and Necessity to serve the area in which High School District 207 proposes to build Maine North Highschool, it was moved In' Alderman Prickett, seconded by Alderman Koplos, to adopt Resolution R-12-69, directing the Mayor and City Attorney to communicate the City's position to the Illinois Commerce Commission that the aforesaid pending application be denied, or if approved, the effective date be extended for six months to allow the City time to decide whether it wishes to incorporate said territory into the corporate limits Upon roll call, the vote was: AYES: - 16 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Alderman Czubakowski There being sixteen affirmative votes, Motion declared Carried. WITHHOLD PAYMENT - Neri Const. Council City Attorney DiLeonardi suggested that Warrant #8148, appearing on the Bill Register be withheld from payment as Notice of Lien filed by Sub -contractor had been received from Mel Lange Landscaping Co. in connection with Pleasant Manor Water and Sewer connection contract with Neri Construction Company. recessed from 9 P.M. to 9:18 P.M. COMMITTEE REPORTS: ZONING 69-23-R 1400 E.Touhy PLANNED UNIT DEVELOPMENT SZYWALA SUBDIVISION It was moved by Alderman Swanson, seconded by Alderman Wagner, to concur with Municipal Development Committee's recommendation to deny the petition to rezone property located at 1400 E. Touhy Avenue, presently owned by The Academy of St. Patrick. Motion declared Carried. It was moved by Alderman Swanson, seconded by Alderman Prickett, to concur with Municipal Development Committee's recommendation to authorize the City Attorney to petition the Zoning Board to hold a public hearing on the Planned Unit Development Text Amendment to the Zoning Ordinance per revised ordinance. Motion declared Carried. It was moved by Alderman Swanson, seconded by Alderman Sherwood, to concur with Munici.pal•Development Committee's recommendation to approve the Plat of Szywala Subdivision of former Chicago and Northwestern property located on the notth side of Thacker Street, and authorize the v%--, /` _ - l k to execute :;as h •�.2ot� crDm,I etio SZYWALA SUBDIVISION DEDICATION SCOTT ST. RAUSCHENBERG BIASIELLO SUBDIVISION DEDICATION WESTFIELD LANE COMMITTEE MEETINGS HOT WATER WASHER PUBLIC WORKS NO PARKING WILLE RD. LOAD LIMIT HOWARD TRAFFIC SAFETY STUDY PROGRAM - Stop Signs COMMITTEE MEETING 7/21/69 169 Page three Mayor and City Clerk to execute same upon completion of the necessary arrangements for public improvements. It was moved by Alderman Swanson, seconded by Alderman Prickett, to concur with Municipal Development Committee's recommendation to accept Plat of Dedication of Scott Street from Des Plaines Park District and authorize Mayor and City Clerk to execute same. Motion declared Carried. & It was moved by Alderman Swanson, seconded by Alderman Hinde, to approve Plat of Rauschenberg & Biasiello - Pleasant Acres Subdivision, located west of Mt. Prospect Road, on the south side of Miller Road, and authorize Mayor and City Clerk to execute same upon completion of satisfactory financial arrangements for public improvements. Motion declared Carried. It was moved by Alderman Swanson, seconded by Alderman Hinde, to concur with Municipal Development Committee's recommendation to accept Plat of Dedication of 100 feet on Westfield Lane and authorize Mayor and City Clerk to execute same. Motion declared Carried. Municipal Development Fire License, Health and Inspection - July 28th at 7:30 P.M. - July 29th at 7:30 P.M. - July 31st at 8 a.m. It was moved by Alderman Swanson, seconded by Alderman Figard, to concur with Sanitation and Finance Committees' recommendation to award the bid for the High Pressure Hot Water Washer to Zep Manufacturing Company Co. at a cost of $1,995:.00. Upon roll call, the vote was: AYES: - 16 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor. 0 - None NAYS: ABSENT: 1 - Alderman Czubakowski There being sixteen affirmative votes, Motion declared Carried. It was moved by Alderman Leer, seconded by Alderman Shillington, to concur with Streets and Traffic Committee's recommendation to install "No Parking" signs along both sides of Wille Road from Mt. Prospect Road to York Road and authorize City Attorney to prepare necessary ordinance. Motion declared Carried. It was moved by Alderman Leer, seconded by Alderman Swanson, to concur with Streets and Traffic Committee's recommendation to install three ton load limit signs on Howard Street from River Road to White Street and authorize the City Attorney to prepare the necessary ordinance. Motion declared Carried. It was moved by Alderman Leer, seconded by Alderman Sherwood, to concur with Streets and Traffic Committee's to concur with the Police Department's recommendations for certain stop signs in accordance with recent Traffic Study Survey, and authorize the City Attorney to draft the necessary ordinance, with the following exceptions to be reviewed: Delete, Carol & Forest; Add, Fifth and Greenview; Delete Third and Waikiki; Delete Fifth and Waikiki; Delete Amherst and Harvard. Motion declared Carried. Alderman Leer, Chairman, set a meeting of the Streets and Traffic Committee for July 29th at 8:15 P.M., requesting the attendance of William Alfini, Fourth Ward Aldermen, ACity Engineer, and Commissioner of Public Works. f SIGN KENTUCKY FRIED CHICKEN 7/21/69 170 Page four It was moved by Alderman Wagner, seconded by Alderman Swanson, to approve the sign request of Kentucky Fried Chicken for signs to be located at 1263 S. Elmhurst Rd. and 1340 Lee Street, - sign to be 17 feet high with round basket 7 x 7. Motion declared Carried. SIGN It was moved by Alderman Wagner, seconded by Alderman STANDARD OIL Hinde, to concur with Building Control and Inspection Committee's recommendation to approve the sign request of Standard Oil Co. - 1585 River Road - sign to be 23'6" high - two signs. Motion declared Carried. PONDAROSA STEAK HOUSE MECHANICAL EQUIPMENT ON ROOF TEXT AMEND- MENT - DRIVE- IN RESTAURANTS It was moved by Alderman Wagner, seconded by Alderman Swanson, to concur with Building Control and Inspection Committee's recommendation to approve the sign request of Pondarosa Steak House for 20 foot high sign at 1360 Lee Street. It was moved by Alderman Bolek, seconded by Alderman Michaels, to defer action until further negotiations are made to comply with signs in the area. After discussion, it was moved by Alderman Szabo, seconded by Alderman Bonaguidi, to request the Building Control and Inspection Committee along with City Attorney and Building Commissioner to study the possibility of legislation governing the screening of mechanical equipment on roof -tops of buildings and its inclusion in the City Codes. Motion declared Carried. It was moved by Alderman Bolek, seconded by Alderman Swanson, to authorize the City Attorney and City Planner to research the possibility of a text amendment to the Zoning Ordinance requiring all drive-in restaurants to become Special Uses only, and declare a moratorium on any building permits for drive-in restaurants during pending legislative period, effectiveimmediately. Motion declared Carried. PUBLIC WORKS It was moved by Alderman Koplos, seconded by Alderman 1/2 ton Truck Hinde, to concur with Parking Lots Committee to award the bid for the 1/2 ton truck to the second low bidder, Gilmore International, in the amount of $3,049.00 with snow plow. Upon roll call, the vote was: AYES: - 16 - Alderman Koplos, Szabo, Prickett, Sherwood, Swanson, Bolek, Leer, Figard, Hinde, Wagner, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Alderman Czubakowski There being sixteen affirmative votes, Motion declared Carried. BILLS PAYABLE TAX RATE LIMITS SALES TAX It was moved by Alderman Prickett, seconded by Alderman Swanson, 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 THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME: (Withholding Warrant #8148) Total $76,468.34. Upon roll call, the vote was: AYES: -'16- Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Alderman Czubakowski There being sixteen affirmative votes, Motion declared Carried. It was moved by Alderman Prickett, seconded by Alderman Swanson, to concur with Finance Committee's recommendation to authorize the City Attorney to draft the necessary ordinance to increase and add certain Tax Rate limits 0" to the Code for Police Protection, School Crossing TAX RATE LIMITS SALES TAX SALARY STUDIES TELEPHONE SERVICE - EMPLOYEES DUES WITHHOLDING 7/21/69 Page five 117.1 Guards, and Working Cash'Fund, in addition to the 1/4 of 1% sales tax to be received from the State of Illinois, at the time legislation becomes effective. Motion declared Carried. It was moved by Alderman Prickett, seconded by Alderman Hinde, to concur with Finance Committee's recommendation to authorize the Mayor and City Comptroller to institute Salary Studies in preparation of the 1970 Appropriation. Motion declared Carried. It was moved by Alderman Prickett, seconded by Alderman Swanson, to concur with Finance Committee's recommendation to discontinue the payment of telephone bills of those employees of the City residing outside the corporate limits.' After discussion, it was moved by Alderman Szabo, seconded by Alderman Sherwood, to defer action requesting that further studies be conducted with department heads regarding above matter. Alderman Prickett reported that the Finance Committee is recommending that the City Council does not encourage the withholding of dues to any employee organization without consent of the Mayor and City Council. No formal action taken. LEASE It was moved by Alderman Szabo, seconded by Alderman AGREEMENT Wagner, to concur with Building and Grounds and Finance 1454 Miner Committees' recommendation to enter into a Lease Agreement for the rental of office recently vacated by Northern Illinois Gas Company at 1454 Miner Street, to allow expansion of Police Department into Finance Office of present Municipal Building, for a period of two years at a cost of $350 per month and authorize Mayor and City Clerk to execute same. Upon roll call, the vote was: AYES: - 15 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Michaels, Mayor. NAYS: 1 - Alderman Shillington ABSENT: 1 - Alderman Czubakowski There being fifteen affirmative votes, Motion declared Carried. TEMPORARY BUILDING ORDINANCE A-4-69 River -Rand southeast of R.R. tracks It was moved by Alderman Szabo, seconded by Alderman Figard, to concur with Building and Grounds and Finance Committee's recommendation to authorize the Mayor, City Comptroller, and Alderman Szabo, to investigate the feasibility of purchasing a temporary building to be located at the rear of the Municipal Building, and to place order for temporary building if found feasible, at an approximate cost of $20,000. Upon roll call, the vote was: AYES: - 13 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Wagner, Swanson, Thomas, Seitz, Mayor. NAYS: 3 - Alderman Bonaguidi, Shillington, Michaels ABSENT: 1 - Alderman Czubakowski There being thirteen affirmative votes, Motion declared Carried. Following second reading, it was moved by Alderman Prickett, seconded by Alderman Hinde, to adopt Ordinance A-4-69, annexing involuntarily land located between River and p Rand Roads, southeast of the Chicago and Northwestern Railroad tracks. Upon roll call, the vote was: CYC ORDINANCE A-4-69 7/21/69 14i Page six AYES: - 16 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor NAYS: 0 - None ABSENT: 1 - Alderman Czubakowski There being sixteen affirmative votes, Motion declared Carried. ORDINANCE Following second reading, it was moved by Alderman Hinde, A-5-69 seconded by Alderman Swanson, to adopt Ordinance A-5-69 Northwest annexing involuntarily land located on the south side Highway of Northwest Highway presently occupied by Kerr Chemical Company and Chicago and Northwestern Railway Company. Upon roll call, the vote was: AYES: - 16 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 1 - Alderman Czubakowski, There being sixteen affirmative votes, Motion declared Carried. ORDINANCE Z-12-69 1869 Busse It was moved by Alderman Sherwood, seconded by Alderman Bonaguidi, to remove ,;Ordinance Z-12-69 rezoning property located at 1869 Busse Highway to M-1 Manufacturing District, from the table. Motion declared Carried. Alderman Prickett voted No. Following considerable discussion, the roll call vote on the motion to adopt Ordinance Z-12-69 was as follows: AYES: - 9 - Alderman Sherwood, Figard, Hinde, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Michaels. NAYS: 6 - Alderman Koplos, Szabo, Prickett, Bolek, Leer, Shillington ABSENT: 1 - Alderman Czubakowski Requiring a 2/3 vote for passage, Motion to adopt was declared lost. RESOLUTION It was moved by Alderman Figard, seconded by Alderman R-11-69 Hinde, to adopt Resolution R-11-69, adopting the "Civil CIVIL Defense Emergency Operations Plan" as part of the City's DEFENSE Civil Defense Program. Motion declared Carried. ZONING CASE The letter from Des Plaines Zoning Board of Appeals 69 -37 -RA regarding Case 69 -37 -RA on property located at 1541 and 1551 S. Elmhurst Road was referred to the Municipal Development Company. ZONING CASE The letter from Des Plaines Zoning Board of Appeals 69-42-R regarding Case 69-42-R - 1181 Van Buren Street - was referred to the Municipal Development Committee for study and report. DUMP SITE The copy of the letter sent to Mr. Edward DeBoer GOLF & regarding the disposal site operated at Golf and River RIVER Roads from the Department of Public Health, State of Illinois, was placed on file. REIMANN The Plat of Reimann Subdivision, located outside the SUBDIVISION City LIMITS, APPROVED by the Plan Commission was referred to the Municipal Development Committee for study and report. LIQUOR The request of Mike Cino for a liquor license for LICENSE facilities to be located on Rand Road northwest of Golf Road, was referred to the License, Health and Inspection Committee for study and report. HARTMANN Mayor Behrel reported that the purchase of the Hartmann PROPERTY property to enable the improvement of Weiboldt Avenue Weiboldt Ave. has been negotiated for the amount of $4,258.95. It was moved by Alderman Prickett, seconded by Alderman A, 1 1 7/21/69 173 Page seven HARTMANN Hinde to authorize the Mayor and City Clerk to execute PROPERTY the necessary legal documents to close the sale to (Cont'd) the City. Upon roll call, the vote was: AYES: - 16 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor NAYS: 0 - None ABSENT: 1 - Alderman Czubakowski There being sixteen affirmative votes, Motion declared Carried. SUBDIVISION It was requested by Alderman Szabo that the City Code, OF LOTS - Judiciary Committees, along with City Attorney research UNDERSIZED the procedure of subdividing lots, particularly in cases of the creation of zoning lots not meeting the require- ments of the Code and report to Council remedies for present procedure. Mayor so ordered. MOON It was moved by Alderman Leer, seconded by Alderman LANDING Bolek, to authorize the Mayor to write letters of commendation to the three astronauts involved in the successful landing on the moon, July 20, 1969. Motion declared Carried. ADJOURNMENT) It was moved by Alderman Shillington, seconded by Alderman Bonaguidi, that the regular meeting of the City Council adjourn. Motion declared .rried. APPROVED B ME THIS EBBE' H. BEHREL, MAYOR Y OF Bertha Eleanor Rohfbach, City Clerk