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12/15/1969_MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, CITY HALL, MONDAY, DECEMBER 15, 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 prayer by Rev. George Lockwood followed by the Pledge of Allegiance to the flag. ROLL CALL: Roll Call indicated the following aldermen present: Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Czubakowski, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels. Also present were: City Comptroller Blietz, Police Chief Hintz, Fire Chief Haag, Commissioner of Public Works Warnicke, Building Commissioner Schuepfer, City Engineer Fletcher, and City Attorney DiLeonardi. YOUTH APPRECIATION ESSAY AWARD MINUTES: At this time, Mayor Behrel presented the Youth Appreciation Awards for the Essay contest as follows: First Place, Douglas Lauffenburger, 2nd, 3rd, and 4th Place, Joh Baldo, Mark Dombrowski, and Donna Permoda. It was moved by Alderman Prickett, seconded by Alderman Sherwood, to approve the Minutes of the regular meeting of December 1, 1969. Motion declared Carried. REPORTS OF Fire Chief Haag reported that North Maine Fire Protection CITY OFFICIALS:District will commence fire service in the District as of 8:00 A.M., Tuesday, December 16, 1969, Myer Behrel North Maine submitted for the records a letter to the effect that Fire District any contractual obligation to the District shall terminate Tuesday, December 16, 1969. Devon Ave. WATERMAIN Miller Rd. Metropolitan Sanitary District COMMITTEE REPORTS: Zoning Case 69-66-R ANNEXATION PETITION City Engineer Fletcher reported that a conference has been set with Mr. March of the State Highway Department to discuss the widening and improvement of Devon Avenue from River Road to Higgins, in light of recent publicity that the State Highway Department has plans for improving same. City Engineer Fletcher reported that a letter regarding the watermain improvement on Miller Road has been submitted to the Water Committee, and that upon improve- ment of vacant land on the south side of Miller Road, just west of Mt. Prospect Road, the owner will be charged what would be the normal cost of a 6" main rather than a 12" main which was recently installed. City Attorney DiLeonardi reported that the Metropolitan Sanitary District has filed their brief and that the City's brief will be filed shortly. He further reported that the waiting period for oral argument in the Superior court may be as long as one and one-half years. It was moved by Alderman Swanson, seconded by Alderman Hinde, to concur with Municipal Development Committees recommendation to concur with the report of the Zoning Board in Case 69-66-R - to rezone C & NW Coach Yard Property to M-2, and authorize the City Attorney to prepare the Zoning Amendment for further consideration by the Council.. Motion declared Carried. It was moved by Alderman Swanson, seconded by Alderman Wagner, to concur with Municipal Development Committee's recommendation to authorize the City Attorney to prepare the necessary Annexation Ordinance to annex property located on the southwest corner of Redeker & River Road upon which annexation petition has been received. Motion declared Carried. 12/15/69 241 Page two VACATION It was moved by Alderman Swanson, seconded by Alderman Public Alleys Prickett, to concur with Municipal Development Committee's Jarlath Ave. recommendation that the City employ the services of an appraiser at a cost not to exceed $150 to guide the !'COUNCIL in setting a value on the property consisting of 43,400 square feet upon which a request for vacation has been received located in the area of Jarlath Avenue, including public alleys. It was moved by Alderman Figard seconded by Alderman Bolek to amend the motion, increasing the cost not to exceed $500. Motion declared Carried. Upon roll call on amended motion, the vote was: AYES: - 17 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Czubakowski, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None There being seventeen affirmative votes, Motion declared Carried. ZONING CASE It was moved by Alderman Swanson, seconded by Alderman 69-58-R Hinde, to concur with Municipal Development Committee's Touhy & River recommendation to concur with Zoning Board of Appeals in Case 69-58-R - property located at River Road and Touhy Avenue, and to authorize City Attorney to prepare the amendment to the Zoning Ordinance for further consideration by the Council upon receipt of Covenant restricting the use for office buildings only. Motion declared Carried. FIRE ALARM School Dist. 207 It was moved by Alderman Hinde, seconded by Alderman Swanson, to concur with Fire Committee's recommendation to deny the request of School District 207 to waive the annual charge of $110 for connecting the Maine West High School fire alarm system. Motion declared Carried. FIRE ENGINE It was moved by Alderman Hinde, seconded by Alderman #7 Figard, to ratify the action of Mayor Behrel and Fire Repairs Committee in authorizing the repair to Fire Engine #7, in the amount of $1,350.00 by FWD Fire Equipment Company. Upon roll call, the vote was: AYES: - 17 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Czubakowski, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels NAYS: 0 - None ABSENT: 0 - None There being seventeen affirmative votes, Motion declared Carried. FIRE STATION It was moved by Alderman Szabo, seconded by Alderman #3 - Heating Hinde, to concur with Building and Grounds Committee's recommendation to award a contract to Central Heating Company, in the amount of $1,406.00 for corrections to the heating system at Fire Station #3. Upon roll call, the vote was: AYES: - 17 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Czubakowski, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels NAYS: 0 - None ABSENT: 0 - None There being seventeen affirmative votes, Motion declared Carried. LIQUOR LICENSE NICK's LACATINA It was moved by Alderman Bolek, seconded by Alderman Bonaguidi, to concur with License Health and Inspection Committee's recommendation to grant request of owners of Nick's LaCantina Restaurant to change the Class E Liquor license to a Class A liquor license and authorize the City Attorney to draft the necessary amendment to the ordinance reducing Class E by one and increasing Class A by one. Motion declared Carried./� GU ORDINANCE T-16-69 Devon Ave. YIELD WHITCOMB & CORA BALLARD & PLOTTER RDS. RESOLUTION MFT FUNDS H. W. Lochner Proposal ARNOLD COURT ONE-WAY LOAD LIMIT PRATT & MAPLE TRAFFIC SIGNAL Birchwood & Mannheim NO PARKING White St. s. of Oakton WATERMAIN Bussu=& Campground Rd s . FLOODING PROBLEMS - west of Mt. Prospect Rd. 12/15/69 Page three 242 It was moved by Alderman Leer, seconded by Alderman Wagner, to concur with Streets and Traffic Committee's recommendation to amend Ordinance T-16-67 to read as follows: "Along the Notth side of Devon Avenue from River Road on the East to the entry ramp of the Northwest Illinois Tollway on the West." Motion declared Carried. It was moved by Alderman Leer, seconded by Alderman Sherwood, to concur with Streets and Traffic Committee's recommendation to amend the ordinance to include the intersection of Whitcomb & Cora in the Yield schedule, Whitcomb to yield to Cora. Motion declared Carried. It was moved by Alderman Leer, seconded by Alderman Koplos, to concur with Streets and Traffic Committee's and Traffic Commission's recommendation to request that the State Highway Department install a traffic signal at the intersection of Ballard Road and Potter Road. Motion declared Carried. It was moved by Alderman Leer, seconded by Alderman Hinde, to concur with Streets and Traffic Committee's recommenda- tion to authorize H. W. Lochner, Inc. to prepare the necessary resolution for transmittal to the Illinois Division of Highways to use Motor Fuel Tax Funds for the separation of grades at River Road and Dempster Street. Motion declared Carried. It was moved by Alderman Leer, seconded by Alderman Koplos, to concur with Streets and Traffic Committee's recommendation to grant petition for Arnold Caurt to become a one-way street northbound between Dorothy Drive and Florian Drive. Motion declared Carried. It was moved by Alderman Leer, seconded by Alderman Wagner, to authorize the City Attorney to draft the necessary amendment to require a three -ton load limit on Pratt from Mannheim to Maple and on Maple from Pratt to Touhy Avenue. Motion declared Carried. The letter from the Traffic Commission regarding the request of C -Line Products to install a traffic signal at the intersection of Birchwood and Mannheim was referred to the Mayor for negotiateJ with J. Emil Anderson and Sons, Inc. to implement the recommendation. Alderman Thomas's request for No Parking on the east side of White Street from Oakton Street south to the alley was referred to the Streets and Traffic Committee and Traffic Commission for study and report. It was moved by Alderman Figard, seconded by Alderman Bonaguidi, to concur with Water & Finance Committee's recommendation to award the bid for the watermain on Busse and Campground Roads to the low bidder, Mola Sewerage in the amount of $17,245.00, and return checks and or bonds of the unsuccessful bidders. Upon roll call, the vote was: AYES: - 17 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Czubakowski, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None There being seventeen affirmative votes, Motion declared Carried. Alderman Bonaguidi, Chairman of the Sewer Committee, read the letter submitted by E. N. Fletcher regarding possible solutions to the flooding problems of Des Plaines lying west of Mt. Prospect Road - copies submitted to all Council members. G�/ 12/15/69 243 Page four GARAGE - It was moved by Alderman Wagner, seconded by Alderman Frame Koplos, to concur with Building Control and Inspection 1424 Willow Committee's recommendation to grant relief from ordinance and grant permission to Mrs. Burdette to build a one - car frame garage at 1424 Willow Street. Motion declared Carried. SIGN STANDARD OIL River & Rand It was moved by Alderman Wagner, seconded by Alderman Swanson, to concur with Building Control and Inspection Committee's recommendation to approve sign request of Standard Oil Co., at River and Rand Roads to replace sign pole approximately 25' in height. Motion declared Carried. SIGN It was moved by Alderman Wagner, seconded by Alderman ROY ROGERS Shillington, to concur with Building and Grounds Committee's RESTAURANT recommendation to approve the sign request for Roy Rogers Restaurant pole sign approximately 25' in height, located on Elmhurst Road. Motion declared Carried. Roof Building Control and Inspection Committee Chairman, Structures Alderman Wagner reported that the matter of exposed roof -top structures has been referred to the Archtectural Commission for remedy prior to approval of building plans by the Building Commissioner. PARKING LOTS C & NWiots It was moved by Alderman Koplos, seconded by Alderman Wagner, to concur with Parking Lots Committee's recommenda- tion that the City reject the proposal of the Chicago and Northwestern Railway Co. to set the parking rate for the railway owned commuter lots at thirty-five cents for the years 1970 and 1971. Motion declared Carried. APPOINTMENT It was moved by Alderman Sherwood, seconded by Alderman YOUTH Hinde, to concur with Mayor Behrel's appointment of COMMISSION Mr. Gaston Freeman to fill the vacancy on the Youth Commission - term to expre April 30, 1970. Motion declared Carried. BILLS PAYABLE It was moved by Alderman Prickett, seconded by Alderman Swanson, to adopt the following resolution: BE IT RESOLVED BY THE MAYOR AND 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: $430,634.21. Upon roll call, the vote was: AYES: - 17 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Czubakowski, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None There being seventeen affirmative votes, Motion declared Carried. CASH It was moved by Alderman Prickett, seconded by Alderman TRANSFERS: Szabo, to concur with Finance Committee's recommendation to authorize the following cash transfers: I.M.R.F. $20,000 Street 155,000 Garbage 80,000 Fire 170,000 Audit 3,000 Liability Insurance 30,000 Civil Defense 20,000 $478,000 Motion declared Carried. /A ORDINANCE T-31-69 Alternate Parking ORDINANCE M-54-69 ORDINANCE Z-24-69 SU - 1560 S. Mt .Prospect ORDINANCE T-16-69 Devon Ave. RESOLUTION R-21-69 1970 Expenditures MFT RESOLUTION Section 90 CS 12/15/69 244 Page five It was moved by Alderman Leer, seconded by Alderman Thomas, to table Ordinance T-31-69, having to do with alternate Parking. Motion declared Carried. It was moved by Alderman Sherwood, seconded by Alderman Michaels, to adopt Ordinance M-54-69, changing Title of Chapter 6, Title X to read "Miscellaneous Driving Rules". Upon roll call, the vote was: AYES: - 17 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Czubakowski, Wagner, Swanson, Thomas, Bonaguidi, Seitz, NAYS: - 0 - None ABSENT: 0 - None There being seventeen affirmative votes, Motion declared Carried. It was moved by Alderman Swanson, seconded by Alderman Hinde, to remove Ordinance Z-24-69 from the table. Upon roll call, the vote was: AYES: - 12 - Alderman Koplos, Prickett, Sherwood, Figard, Hinde, Czubakowski, Swanson, Thomas, Bonaguidi, Seitz, Michaels, Mayor NAYS: 5 - Alderman Szabo, Bolek, Leer, Wagner, Shillington ABSENT: 0 - None There being twelve affirmative votes, Motion declared Carried. It was moved by Alderman Prickett, seconded by Alderman Sherwood, to adopt Ordinance Z-24-69 providing for special use of property at 1560 S. Mt. Prospect Road as gasoline service station. Upon roll call, the vote was: AYES: - 12 - Alderman Koplos, Prickett, Sherwood, Figard, Hinde, Czubakowski, Swanson, Thomas, Bonaguidi, Seitz, Michaels, Mayor. NAYS: 5 - Alderman Szabo, Bolek, Leer, Wagner, Shillington ABSENT: 0 - None There being twelve affirmative votes, Motion declared Carried. It was moved by Alderman Leer, seconded by Alderman Wagner, to adopt Ordinance T-16-69 providing for No Parking on the north side of Devon Avenue, as amended. Upon roll call, the vote was: AYES: _ 17 _ Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Czubakowski, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor NAYS: 0 - None ABSENT: 0 - None There being seventeen affirmative votes, Motion declared Carried. It was moved by Alderman Figard, seconded by Alderman Hinde, to adopt Resolution R-21-69 authorizing expenditures until 1970 appropriation ordinance is adopted. Upon roll call, the vote was: AYES: - 17 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Czubakowski, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None There being seventeen affirmative votes, Motion declared Carried. It was moved by Alderman Figard, seconded by Alderman Hinde, to adopt Resolution appropriating $90,000 MFT funds for improvement of Prairie Ave., Ida Street, Graceland Avenue and First Avenue. It was moved by Alderman Leer, seconded by Alderman Koplos, to exclude Graceland Avenue and First Avenue from Section 90CS 16/1 MFT RESOLUTION (Cont' d) MFT RESOLUTION STREET MAINTENANCE ZONING CASES: 69-70-A 69-71-A 69-72-R WATER REQUEST Joseph Lumber ORDINANCE M-56-69 ORDINANCE M-57-69 ORDINANCE M-58-69 ORDINANCE T-35-69= - Yield Signs ORDINANCE T-36-69 One -Way Stop ORDINANCE T-37-69' Two Way Stop ORDINANCE B-7-69 ORDINANCE M-55-69 Transfers 12/15/69 Page six 245 and appropriate only the funds necessary for improvement of Prairie Avenue and Ida Street, requesting State Highway participation for Graceland Avenue and First Avenue. Motion declared Carried. Upon roll call, the vote on the amended Resolution was: AYES: .17 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Czibakowski, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None There being seventeen affirmative votes, Motion declared Carried. It was moved by Alderman Leer, seconded by Alderman Swanson, to adopt Resolution appropriating $28,500 Motor Fuel Tax Funds for Street Maintenance. Upon roll call, the vote was: AYES: - 17 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Czubakowski, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor. NAYS: 0 - None ABSENT: 0 - None There being seventeen affirmative votes, Motion declared Carried. The letters from Des Plaines Zoning Board of Appeals regarding the following cases were referred to the Municipal Development Committee for study and report: 69-70-A - Text Amendment - Side Yards in C-4 69-71-A - Text Amendment - Drive In Restaurants 69-72-R - 2712 Des Plaines Avenue The request of Joseph Lumber Company that the City serve property on the south side of Rand Road with water service was referred to the Water Committee for study and report. Placed on First Reading was Ordinance M-56-69 having to do with adoption of The National Fire Codes. Ordinance referred to the Fire Committee for study and report. Placed on First Reading was Ordinance M-57-69 having to do with Bid Opening Procedures. Placed on First Reading was Ordinance M-58-69 having to do with Preparation Fees for Past Due Special Assessment Bills Placed on First Reading was Ordinance T-35-69 having to do with Yield Right.of Way Intersections Placed on First Reading was Ordinance T-36-69 having to do with One Way Stop Streets Placed on First Reading was Ordinance T-37-69 having to do with Two Way Stop Streets Placed on First Reading was Ordinance B-7-69 amending the Building Code by requiring auxiliary battery operated emergency lights in certain buildings. Placed on First Reading was Ordinance M-55-69 providing for the transfer of sums of money within departments. 12/15/69 Page seven 246 Woodlawn Ave. It was moved by Alderman Leer, seconded by Alderman RR Crossing Hinde, to authorize the City Attorney to petition the Illinois Commerce Commission to install gates at the Woodlawn Avenue Railroad crossing. Upon roll call, the vote was: AYES: - 17 - Alderman Koplos, Szabo, Prickett, Sherwood, Bolek, Leer, Figard, Hinde, Czubakowski, Wagner, Swanson, Thomas, Bonaguidi, Seitz, Shillington, Michaels, Mayor NAYS: 0 - None ABSENT: 0 - None There being seventeen affirmative votes, Motion declared Carried. Conflict of Alderman Szabo requested that City Attorney submit Interest a legal opinion as to what constitutes a conflict of interest. ADJOURNMENT: It was moved by Alderman Shillington, seconded by Alderman Swanson, that the regular meeting of the City Council adjourn. APPROVED BY E THIS DAY 0 1 l.K,w /3Z' /970 , A.D. MAYOR Bertha Eleanor Rohrbach CITY CLERK