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03/02/19531 21 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS, CITY HALL, MONDAY, MARCH 2, 1953 at 8:00 P.M. Call to Order. The meeting was called to order by Mayor Kenneth G. Meyer who presided with Alderman Hansen, Wolf, Tures, Schallawitz, McKay, Morava, and Auck responding to roll call. Alderman Davis and Behrel were absent. Approval of Minutes. The motion was made by Alderman Wolf and seconded•by Morava to approve the minutes of February 16, 1953. The motion was voted upon by Acclamation whereupon the Mayor declared the motion carried. Official reports. The Clerk submitted the monthly report of Building Commissioner RieCk. Alderman Auck reported that rules and regulations of the Police Reserves unit which were refered to the Public Protection Committee were found satisfactory) The Committee recommended they be accepted and 1.0 approved by the City Council and a copy placed on file with the City Clerk, C� and the Police Marshal. On motion by Alderman Auck and seconded by .) Hansen the report was concurred in. Fire and Police Commission to appoint Fire Department Lieutenant. On motion by Alderman Auck and seconded by Hansen the. Fire and police commission is to be instructed to certify a lieutenant for the Fire Dept. On motion by Alderman Auck and second by Morava City Engineer Fletcher was instructed to recommend and draft a contract for an engineering company for a survey of the sewer system. Rezone Lot 31 and 2 Town of Rand 1503 Park Place. The Clerk read the following recommendation: February 25, 1953 Mayor and City Council City of Des Plaines, Illinois Gentlemen: Your Zoning Board of Appeals sitting as a Commission had referred to it the application of Cyril J. Lauer and John J. Alonge for the rezoning of the following described real estate from Multi -family to Commercial, to wit: Lots 31 and 32 in town of Rand, being a subdivision of parts of Sections 16, 17, 20,. and 21, Township 41 North, Range 12 East of the 3rd Principal meridian, in Cook County, Illinois, 1503 and 1507 Park Place, 609 Lee Street. advises as follows: 1. That due notice to the parties and to the public of this proceeding and of the public hearing herein was given as required b y law and that the Board has jurisdiction of the subject matter and of the parties. 2. That a portion of the property is now utilized for Commercial purposes and that the property to the North and to the South is Commercial and the property to the East is Multi -family. 3. That there were no objectors to the proposed amendment at the public hearing. That the'property is adjacent to the commercial area of central Des Plaines and is not suitable for residential use. 5. That the evidence presented was convincing as tothe desirability of reclassifying the petitioner's property and the adjoining property to"Commercial... The Zoning Board of Appeals, sitting as a Commission, having heard and considered the evidence and being fully informed in the premises on a vote of four for a change and none against'a change, hereby recommends 3/2/53 Rezone lot 31 and 32 Town of Rand, 1503 Park Place Continued. to the Mayor and the City Council that the proposed amendment to the Zoning ordinance hereinbefore described, be adopted. Respectfully submitted, ZONING BOARD OF APPEALS OF THE CITY OF DES PLAINES, BITTING AS A COMMISSION By -James J. Carroll Fred K. Howe Alvah H. James W. H. McConnell signed) Albert L. Gundelach Secretary On motion by Alderman Hansen and seconded by Morava the recommendation was concurred in. Division of Highway Letter five year plan. the following letter: February 16, 1953 Mr. Otto W. J. Henrich City Clerk Des Plaines, Illinois Dear Sir: The Clerk read The resolutions adopted by the City Council on December 15, 1952 providing for a Long -Range Plan for the years 1953 to 1957 inclusive and a One -Year Construction Program for the year 1953 in accordance with House Bill 820 of the 66th General Assembly were approved today on condition that theHDepartment's latest design policies be used when plans are submitted. One approved copy of each resolution is returned herewith. Traffic control signals are approved on condition that the signals shall be warranted by, and the type of signals to be used shall be determined under the provisions of'the "Manual of Univorm Traffic Control Devices for Streets and Highways" adopted by the Division of Highways January, 1951 .' You are advised that approval of these programs does not constitute approval of the use of motor fuel tax funds for the cost of the installation of the school crossing lights listed in the programs. Very truly yours, F. N. Barker Chief Highway Engineer CC - J. P. Tuthill E. N. Fletcher, City Engr. The Mayor informed the Council he would write Department regarding school crossing lights. a letter to the Highway Second reading of ordinance on Street Lights. On motion by Alderman Tures and seconded by Morava the ordinance was defered to some later date. 3/2/53 Adopt traffic Ordinance Webford, Prairie and Graceland. The Clerk read for second reading the following proposed ordinance entitled: AN ORDINANCE TO RESTRICT PARKING ON WEBFORD, PRAIRIE AND GRACELAND AVENUES The motion was made by Alderman Wolf and seconded by Hansen to adopt the ordinance. ,The Mayor put the question and the Clerk called the ' roll with the followingrresult: Ayes: Alderman Hansen, Wolf, Tures, Schallawitz, McKay, Morava, and Auck. Nays: None. The Mayor thereupon declared the motion carried. Adopt alley vacation ordinanceBBlock 12, Cumberland. The Clerk read for first reading the following proposed ordinance entitled: AN ORDINANCE VACATING PUBLIC ALLEY The motion was made by 'Alderman McKay and seconded by Morava to suspend the rules and adopt the ordinance. The Mayor put the question and the Clerk Called the roll withthe follwoing resit: Ayes: Alderman Hansen, 10: Wolf, Tures, Schallawitz, McKay, Morava, and Auck. Nays: None. The Mayor thereupon declared the motion carried. The motion was made by r7 Alderman McKay and seconded by Morava to adopt the ordinance. The e Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Hansen, Wolf, Tures, Schallawitz, McKay, Morava.,' and Auck. Nays: None. The Mayor thereupon declared the motion carried. Open bids on Police car rental. On motion by Alderman Hansen, and seconded by Auck the Clerk was instructed to open the bids on Police Car Rental. Bids were received from Brown -Orth Motors, Inc. and Maine Leasing Corp. The Mayor refered the bids to the Finance and Public Protection Committee. 1 The Clerk read a letter from Lora A. Paul, 1130 Sixth Ave. regarding the bus services which had been sent to United Motor Coac} Co. The Mayor received a copy of a letter replying to aame. City Attorney letter on lawsuits The Clerk read the following letter: March 2, 1953 Honorable Mayor and City Council of the City of Des Plaines City Hall Des Plaines, Illinois Gentlemen: I would lie to report that the City of Des Plaines has been sued by one B.J. McDonald in the sum of approximately $2,000.00 for damages to his automobile, by reason of a collision with one of our fire trucks last summer. I have filled a defense disclaiming liability and am preparing a counter -claim for damages to our fire truck. I will report to you further if any developments occur. I also wish to report that the lawsuit of Violet Clark against the City of Des Plaines for personal injuries sustained by her in allegedly tripping on a hole in Miner Street waa called up in court last week for what is known as a "pre-trial conference", or in other words, an attempt to settle the matter out of court. Plaintiff's attorney stated he would not accept any less than $5,000.00. I reported pron}ptly to Judge Courtney that this was far out of line with our ideas. The matter was therefore referred to the trial call and some time in the coming months it will be called for trial. MSH:rj Respectfully submitted, Marshall S. Howard (signedl City Attorney The Mayor ordered the letter placed on file. - 23 3/2/53 City Attorne;r letter on forealoet.e. The Clerk read the following letter: March 2, 1953 Honorable Mayor and City Council OF THE CITY OF DES PLAINES City Hall Des Plaines, Illinois Gentlemen: I have received an application from an attorney who seeks to foreclose special assessments on a vacant tract in the City of Des Plaines, described as being located on the south side of Walnut Street, 114 feet East of Lee Street. The full details as to legal and describing the special assessments, etc. are contained in this letter, which is attached;hereto. Like a recent previous offer, the foreclosure of the special assessments is secondary to making a good title to the property or clearing :1p up some title defect. The applicant is willing to bid the full amount of the unpaid assessments, costs, penalties and interest, which amounts to only approximately $50.00. It will, however, assist in clearing up the title and make another tract of property useable and marketable. 1 MSH:rj Encl. Yours very truly, Marshall S. Howard City Attorney (signed) The Mayor refered the letter to the finance Committee and the City Attorney. Des Plaines Post No. 36 letter Memorial Day parade. The Clerk read a letter regarding the Memorial Day parade. On motion by Alderman Wolf and second by Morava the request was granted provided by the State Highway Department will allow them to parade on the State highways. The Clerk informed the Council he had received a notice of rezoning north of;Central Rd. near Rand Rd. The Clerk was instructed to inform the Mount Prospect Clerk that Des Plaines was not interested. Petition regarding dilapidated building 1759 Illinois St. The Clerk read a petition requesting the Council to have an old building removed which is a fire hazard at 1759 Illinois St. The owner R. W. Bartsch of Brookfield had been given notice last year to repair building but had failed to make any repairs. Alderman Auck informed the Council he had reported the building a year ago. Marshal Kolze was instructed to contact Attorney Howard regarding taking action on same. Carebuilt Corporation letter on Birchwood vacation. The Clerk read the following letter: Februarys 10, 1953 Mr. E. N. Fletcher City Engineer , City of Des Plain's Des Plaines, Illinois Dear Mr. Fletcher:, We are owners of more tha i 75% of the frontage on the North side of Birchwood Street, and we protest any movement to vacate Birchwood Street. We own five building sites on the north side of Birchwood Street, on which the Veteran's Administration has placed the :ghest mortgage valuation of any building sites in the area. In fact they valued them at $2200.00 each. 1 1 C 3/2/53 Carebuilt Corp. letter continued Everything which has been done in the past to resubdivide lots on Welwyn Street to the south, has been a Violation of the natural property rights of owners of property on Birchwood St. Such unequal, and thus unlawful treatment of owner's rights on Birchwood Street must stop now or we will secure an injunction to stop it. above. OCScr Attached is a copy of layout of building sites referred to Sincerely yours, CAREBUILT CORPORATION The Mayor refered the letter to the Plan Commission to meet with Carebuilt CorporatiOn. Adopt Zoning Ordinance Lot 31 and 32 Town of Rand. The Clerk read for first reading the following proposed ordinance entitled: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITYCOFfDES PLAINES, ILLINOIS The motion was made by Alderman Hansen and seconded by Morava to suspend the rules and adopt the ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Hansen, Wolf, Tures, Schallawitz, McKay, Morava, and Auck. Nays: None. The Mayor thereupon declared the motion carried. The motion was made by Alderman Hansen and seconded by Morava to adopt the ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Hsnsen, Wolf, Tures, Schallawitz, McKay, Morava, and Auck. Nays: None. The Mayor thereupon declared the motion carried. Adopt resolution approving W. Kunkel Bond. Ahe Clerk read the following resolution: RESOLUTION APPROVING INDEMNITY BOND On motion by Alderman McKay and seconded by Morava the resolution was adopted. Approval of Bills. Alderman McKay, Chairman of the Finance Committee presented the following proposed resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES MINES 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. (Schedule of bills placed before each Alderman and affixed to resolution and on file with City Clerk.) The motion as made by Alderman McKay ail seconded 14r Morava to adopt the resolution. The Mayor put the question and the Clerk called the roll with the following result; Ayes: Alderman Hansen, Wolf, Schallawitz, McKay, Morava, and Auck. Nays: None. The Mayor thereupon declared the motion carried. Alderman report on Herzog-Kunze rezoning. Alderman McKay read the following report: Petition for re -zoning SE corner Algonquin and Wolf and east thereof from Redidential to Commercial - Mayor and City Council: Des Plaines, March 2, 1953 26 3/2/53 Aldermen's report continued. The City Council Committee of tB Whole net Friday night February 27 in the Mayor's office to give further consideration to this matter of proposed re -zoning. Aldermen Messips Hansen Davis Tures Morava Wolf Behrel Schallawitz McKay Mr. Kunze. Present: Plan Commission Messrs. Knocke Reeves Plew Napier Zoning Board Messrs. Carroll McConnell Gundelach Howe Citizens' Committee, Messrs. Mott, Huber, Payne. School Board Messrs Corby Wayman Wiberg Zenner Representing the petitioner, Herzog Construction Company, - Mr. Kunze explained the present plan of his Company for a proposed shopping center, blue print plat herewith, Hestated he and his associateg would agree if necessary to confine all structures to the west half of the land area and to fence in the property particularly the east boundary:to discourage trespass by pupils of the school to be erected immediately to the east. That his company woudl be willing to agree to a covenant to run with the land, to guarantee performance. The School board continued to express opposition to the project. Their spolesman stated the Board would be opposed to the re- zoning to Commercial of this large area regardless of how the land might be used. We, the undersigned aldermen, have heard no evidence to convince us there is any real need for such an extensive additional Commercial district, the neighborhood involved. In fact, the frontage at the NW corner of;Algonquin and Wolf and west thereof which was re -zoned to Commercial more than a year ago has not yet been utilized, except for the gasoline station at the corner. We also direct attention to the commercially', zoned land in the vicinity of Algonquin and Lee, not too far distant. We do not agree with those who argue that a growing residen- tial community should necessarily be provided with a "corresponding increase in Commercial property" - not when vacant areas already zoned Commercial lie nearby. We would also point out that the SW corner of Algonquin and Wolf is potential Commercial area. We agree ,that the SE CORNER of Algonquin and Wolf Might reasonabley be considered most suitable for Commercial use, and believe that neither the School Board nor the Citizens' Committee nor anyone else could logically object if a reasonable amount of that particular corner werer re -zoned for such use. By a reasonable amount, we mean the corner lot the two lots immediately to the eat t thereof. Mr. Kunze stated in reply to a question, that his Company would not consider amending their petition, to lessen theLarea re- quested re -zoned to Commercial to just the area comprised in these three lots. He also; stated that if the City did"not grant the re -zoning as desired, that he thought eventually stores would go into the area anywoy. The inference seemed unmistakaile 1 that the petitioners would attempt to gain their point by court action. It is our recommendation that the City Council accept the recommendation of the Zoning Board of Appeals ONLY for the area included in the lot at the SE corner of Algonquin and Wolf and the two lots immediately east thereof, these three lots only, with a total frontage on Algonquin of 165 feet. We recommend that the *rea of the east thereof remain Residential to conform to the land usage directly opposite and to serve as a buffer between the proposed Conercial area at the corner and the school property. We feel that with the JOURNAL #16 PAGE 27 Insert after "Mayor thereupon declared the motion carried." before "Approve Herzoz Second addition to Des Plaines." and refer to City Attorney to draft an ordinance amending zonsing ordinance. 1 1 3/2/53 Aldermants report continued. addition of this Commercial area tote Commercial area at the NW corner of Algonquin and Wolf and west thereof - mostly vacant - plus the Commercial at and near Algonquin and Lee, plus the Commercial potential of the SW corner of Algonquin and Wold, that the neighborhood will have an ample and reasonable amount of land available for Commercial use. S. E. McKay E. G. Hansen Walter' Morava R. G. Wolf Ray Tures . Earl Schallawitz The motion was niade by Alderman McKay and seconded by Hansen to concur in the recommendation4 The Mayor put the question and the Clerk called the roll with fhe following result: Ayes: Alderman Hansen, Wolf, Tures -Schallawitz, McKay, - Morava, and Auck. Nays: None. ,. The , ^, Mayor thereupon declared the motion carried, v Approve ,Herzog Second,addition to Des .Plaines.-- The Clerk_, informed the Council he,had a plat approved by the Plan Con iOsion1� The Mayor called a recess for the Council to study plat. After reconvening the motion was made by Alderman McKay and seconded by Hansen to approve the plat. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Hansen, Wolf, Tures, Schallawitz, McKay, Morava, and Auck. Nays: None. The Mayor thereupon declared the motion carried. 27 Pass Zoning Ordinance all annexation residential. The Clerk read for first reading the following proposed ordanince entitled: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DES PLAINES BY CLASSIFYING CERTAIN AREAS AS "RESIDENCE, AREA DISTRICT "A". The motion was made by Alderman Morava and seconded by Wolf, to suspend the rules and adopt the ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Hansen, Wolf, Tures, Schallawitz, McKay, Morava, and Auck. Nays: None. The Mayor thereupon declared the motion carried. The motion was made by Alderman Morava and seconded by Hansen to adopt the ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Hansen, Wolf, Tures, Schallawitz, McKay, Morava, and Suck. Nays: Nonr. The Mayor thereupon declared the motion carried. Alderman Hansen reported that the Building Control Committee inbestigated about the driveways for the Johnson Restaurant and recommended that they be granted permission to install 35 foot driveways. On motion by Alderman Hansen and seconded by Schallwitz the report was concurred in. Alderman Schallawitz reported that he thought that there sbnuld be traffic lights.installed at Algonquin and Wolf Rds. Th: mayor refered the item to the•Traffic Commission for traffic court. Adjournment. The motion was made by Alderman Morava and' seconded by Schallawitz to adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion -arried and the Council regularly adjourned. Otto W. J..Hjnrich City Clerk