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01/03/1961• REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS HELD 1N THE COUNCIL ROOM, CITY HAIL, JANUARY 3, 1961 AT 8:00 P.M. CALL TO ORDER: The meeting was called to order by Mayor Herbert H. Behrel who presided with Alderman Moehling, Flauter, Figard,- Prickett, Massman, Bell, Callaghan, Blume and Wright. responding to roll call. APPROVAL OF MINUTES: The motion was made by Alderman Massman and seconded by Figard to approve the minutes of December 19, 1960. Alderman Bell re- . quested two corrections in the minutes. His time of arrival and the County Commissioner had already denied the rezoning on Rand Road before the Council protest was received. The motion was then approved by acclamation. OFFICIAL REPORTS: Building Commis.sionerts report for December was submitted. Attorney Dowd reported a suit regarding permit for gasoline station which was referred to the Judiciary Committee. Attorney Dowd reported of receiving a complaint at Law regarding injury of construction worker at West Maine High School. He said he would have this suit dismissed because the City does not own the. property or the High School. Attorney Dowd made a progress report about deeds for Park District at Estes and Railroad Avenue Attorney Dowd gave copies to theAldermenof legal opinion about Boy Scouts selling first aid kits. Alderman Bell made the following report: "Zoning Board report on property South Side of Touhy and contiguous to the new Motel under construction at Touhy and River Road. Your Committee on Municipal Development has in- vestigated the above and has found Zoning Board has approved rezoning to C-2. Property is on Touhy Avenue which is in the process of being widened to four lanes. Property is surrounded by commercial zoning on two sides. We, your Committee on Municipal Development, therefore recommends property be rezoned to C-2 as suggested by the Zoning Board." On motion by Alderman Bell and seconded by Blume, the Council approved the report. Alderman Bell called a meeting of the Municipal Development Committee for January -12th, 1961. AGREEMENT STORM SEWER BETWEEN THE CITY AND MILES TERRACE INC.: Alderman Moehling made the following report: "Your Committee on Sewer has investigated the above and has found Niles Terrace Inc. has agreed to install a storm sewer to serve a subdivision of approximately 80 acres in size recently annexed to the City of Des Plaines and located at the northeast corner of Rand and Wolf Roads, known as the Des Plaines Terrace Subdivision. The City Engineer of Des Plaines has requested this developer to install a storm sewer of a size far greater than will be required merely to serve the Des Plates Terrace Subdivision, the requested sewet being sufficient in size to serve in addition an area as yet undeveloped and not as yet annexed to the City of Des Plaines consisting of 80 acres bounded on the North by Central Road and on the South by Golf Road, on the West by Mt. Prospect Road and on the East by the Soo Line Railroad. The total cost of the project, including $94,000 for the sewer is $102,647.67. Niles Terrace Inc. agrees to contribute for its proportionate share of the total cost $51,323.82 and wishes to recover by way of tie-in fees from owners of land outside the limits of Des Plaines Terrace Subdivision, the balance of the cost, that is $51,323.82 at the rate of $645.00 per acre until the additional cost, that is x$51,323.82 has been recovered. Thereafter, and in any event after 20 years from the date of the execution of the contract, title to the sewer will reside with the city, the Niles Terrace, Inc. agreeing in the meantime 1 -2- ,1/3/61 to maintain books and records showing connection receipts collected and credited against the $51,323.82.. We, your Committee1.on S ewer, finds that the agreement constitutes an equitable arrangement for both the builder and the city to provide for the future development of this area on the North- west side of Des Plaines without placing an undue burden upon the builder, particularly since the builder is willing to exceed his obligation with respect to his own plot of ground and provide for future development beyond the limits of his own acreage. This committee therefore recommends that the city enter into the proposed agreement with Niles Terrace Inc. and passage of the ordinance authorizing execution of the agreement." Oh motion by Alder- man Moehling and seconded by Massman the Council approved the report but the agreement to be referred to Attorney Dowd for study. Alderman Rateike appeared at this time. AWARD BID FOR CIEANING CATCH BASINS: The motion was made by Alderman Moehling to award the bid to City Sanitary Service for $4.65 per basin. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Rateike, Blume, Wright, Moehling, Flauter, Figard, :Prickett, Massman, Bell, Callaghan. Nays: None. The Mayor declared the motion carried. REQUEST FOR TEMPORARY SANITARY SEWER: Alderman Moehling made the following reports: "Your Committee on Sewer has investigated the above and has found this request for temporary septic system has been presented by the YAR Company for atract of land approximately 7.5 acrea at the Southeast corner of the intersection of Touhy Avenue and Mt. Prospect Road to service a cement dispensing station proposed for construction which will employ a maximum of eight persons. Granting of this permit will provide the company the assurance of having available a septic system for their operation prior to beginning construction of their plant which is scheduled to be,commenced about January 15th and to be completed prior to April 1, 1961. The septic system if ever used at all will be a temporary measure, in viewof the efforts of John Green and Company, developers of industrial properties formerly owned by Merkle Korff Gear Company between Wolf Road and. Mt.. Prospect Road along Touhy Avenue, who have made diligent e ffo?ts tm;initiate the construction of an extension of the Orchard Place Sanitary Sewer along Touhy Avenue arra have obtained commitments from a number of.companies having frontages along Touhy Avenue•to contribute their proportionate shares at $700.00 per acre to the construction costs of such a sewer extending westward to Mt. Prospect Road. Interstate Steel Company who have 10 acres along Touhy Avenue, Enjay Construction Company who have 24 acres along Touhy Avenue, Weatherproofing Company who have 8 acres, Esper A. Petersen who has 10 acres and Symons Clamp Manufacturing Company who have approximately 20 acres, and the subject YAR Company have agreed to contribute their tie-in fees for their individual tracts at the rate of $700.00 per acre into an escrow fund for construction of the Touhy Avenue Sewer. The YAR Company is willing and able'to deposit $4900.00 with an escrowee, as the tie-in fee for their share to the Touhy Avenue project, for the Orchard Place Sanitary District and Letters of Agreement from other companies who have made commitments to similarly deposit their shares in escrow are in the hands or will shortly be in the hands of our City Engineer. It would appear as a virtual certainty that more than the required $90,000 will have been' placed in escrow toward installa- tion and construction of the Touhy Avenue sewer even prior to completion of the YAR Company cement dispensing station. Thus, by April 1, 1961, it is expected that annexation of these properties to the Orchard Place sanitary district will have been completed. The YAR Company -may, in fact, be in a position to connect directly to the Touhy Avenue sewer, instead of putting into operation their temporary septic system. "As indicated, the present permit will be for a septic system to serve an area of approximately 7.5 acres and not more than 8 individuals. A soil percolation test with results attached hereto indicates that county test requirements have been met. 129 130 —3— 1/3/61 "We your Committee'on Sewer, therefore recommend that the present request for a temporary, 'Private sanitary sewer for the•YAR Company be granted, provided, however, and not until YAR Company deposit in a scrow $4900.00 toward the construction of the Touhy Avenue sewer and provided further that the plans for the YAR construction be approved by the Municipal Development Committee prior to issuance of the permitfor sewer." The motion was made by Alderman Moehling and seconded by Wright to approve_the report. After dis- cussion and on motion by Alderman Bell and seconded by Prickett it was decided to table the report so the Municipal Development Committee can investigate the company. APPROVAL OF BILLS: Alderman Prickett presented the following resolution: BE IT RESORTED BY 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 The motion was made by Alderman Prickett and seconded by Bell to adopt the resolution. The Mayor put the question and the Clerk called the roll wits the following results: Ayes: Alderman Rateike, Blume, Wright, Moehling, 'Flauter, Figard, Prickett, Massman, Bell, Callaghan. Nays:. None. The Mayor declared the motion carried. REZONING BOARD RECOMMENDATION RAND AND GRACELAND: The Clerk read the above recommendation. The motion was made by by Moehling to approve the recommendation and On motion by Alderman Rateike and seconded by the Municipal Development Committee. Alderman Massman .and seconded attorney to draft an ordinance. Callaghan, it was referred to a ADOPT ANNEXATION ORDINANCE: The Clerk read for the fist reading to annex the west half of Mt. Prospect Road between Thacker and Algonquin Road. The motion was made by A1d:-Callaghann and seconded by Massman to adopt the ordinance.+ The Mayor iut the question and the Clerk called the roll with the following results: Ayes: Alderman Rateike, Blume, Wright, Moehling, Flauter, Figard, Prickett, Massman, Bell, Callaghan. Nays: None. The Mayor voted "aye" and declared the motion carried. ADOPT LOAD LIMN ORDINANCE ESTES AVENUE: The Clerk read for the second reading the above ordinance. The motion was made by Alderman Bell and seconded by Massman to adopt the ordinance. The Mayor put the question and the Clerk called -the roll with the following results: Ayes: Alderman Rateike, Blume, Wright, Moehling, Flauter, Figard,,Prickett, Massman, Bell and Callaghan. Nays: None. The Mayor declared the motion carried. DES PLAINES COMMUNI'T'Y CHEST LETTER: The Clerk read the above letter request- ing office space for their secretary. The Mayor referred the letter to the Public Buildings Committee. COOK COUNTY PUBLIC SERVICE COMMITTEE LETTER: A letter received from the above regarding public hearing to be held January 16th at 10:30 A.M. in County Commissioner's Boardroom, 5th floor, County Building on Cook County Subdivision Manual. The Mayor referred the letter to the Building Commission- er and Plan Commissioner, John Geiger. FIRST READING ANNEXATION ORDINANCE S.W. CORNER ALGONQUIN ROAD AND MT. PROSPECT ROAD: The Clerk read for the first reading the above ordinance. ADOPT RESOLUTION FOR SEWER AND WATER MAINS GOLF & EIMHURST: The Clerk read for the first'reading the above r6solution, for Dept. of Publlc Works and Buildings of Illinois. On motion by Alderman Blume and seconded by Massman the Council adopted the resolution. AGREEMENT FOR SANITARY SEWER FOR DES PLAINES TERR: The Clerk submitted the above agreement and the Mayor referred same to the Sewer Committee for study. -4- 1/3/61 ADOPT ORDINANCE REZONING TOUHY AND RIVER ROAD: The Clerk read the above ordinance for the second reading, to rezone Lots 1 and 2 in Block 4 in Town Improvement, Des Plaines Countryside Unit No. 2 Sub. The motion was made by Alderman Bell and seconded by Massman to adopt the ordinance. The Mayor put the question and the clerk called the roll with the following results: Ayes: Alderman Rateike, Blume, Wright, Moehling, Flauter, Figard, Prickett, Massman,Bell and Callaghan. Nays: None. The Mayor declared the motion carried. Alderman Moehling called a Sewer Committee meeting for January 12th, at 8:00 P.M. ADJOURNMENT: The motion was made by,Alderman Bell and seconded by Prickett to adjourn. The motion was voted upon by acclamation. ( Otto W. J. enrich, City Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, apo P.M. DES PLAINES,ILLINOIS, HELD IN THE COUNCIL ROOM, CITY HALL, JANUARY 16, 1961 CALL TO ORDER:NaThe meeting was called to order by Mayor Herbert H. Behrel i with Alderman Moehling, Flauter, Figard; Prickett, Tistle, Glassman, Bell, Jackson, Callaghan, Rateike, Blume, Tures and Wright responding to roll call. APPROVAL OF MINUTES: The motion was made by Alderman Massman ana seconded by Bell to approve the minutes of January 3, 1961. The motion was,f� approved by' acclamation. OFFICIAL REPORTS: The Clerk submitted the reports of the City Treasurer Eichner, and Health Officer Hartman. Also the annual report of the Fire Department and Health Department. At the request of the Building Commissioner, the Council referred to the Municipal Development Committee the matter of the building permits on Chicago Avenue, a 16 foot alley. Attorney Dowd made several verbal reports. Alderman Tistle requested the item of alarm boxes in the Fire Department report referred to the Fire and Police Committee. PROTEST COUNTY ZONING ON TOUHY WEST OF IEE STREET: On motion by Alderman Bell the. City Clerk was instructedto write a letter of protest to the County Zoning Board on rezoning to manufacturing on Touhy, 1/2 mile west of Lee Street; letter to be presented at Zoning meeting January 18th. APPROVE REZONING RAND AND GRACELAND AVE.: Alderman Bell made the following report: "Your Committee on Municipal Development has investigated the above and has found request is for zoning from Residential to Commercial to expand building now used by "Photo -Service". Petitioner proposed to erect a 300 foot radio tower which was objectional to aldermen from the ward. Zoning was approved by the Zoning Board but variation for tower was held under consideration. Petitioner has now withdrawn request for the radio tower. We, your Committee on Municipal Development, therefore recommend approval of the rezoning from residential to Commercial as suggested by the Zoning Board. City Attorney be authorized to draw the proper ordinance.. A copy of the petitioner's letter showing withdrawal of request for the variation for the tower be sent to the Zoning Board."