04/20/19534/20/53
MINUTES OF THE REGULAR MEETING OF
THE CITY COUNCIL, DES PLAINES, ILLINOIS,
HELD IN THE COUNCIL CHAMBERS MONDAY,
APRIL .20, 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, Davis, Wolf, Tures, Behrel,
Schallawitz, McKay, Morava, and Auck responding to roll call.
Approval of minutes. The motion was made by Alderman Morava and
seconded by Behrel to approve the minutes of April 6, 1953. The motion was
voted upon by acclamation whereupon the Mayor declared the motion carried.
n bidsron 12 inch main from Well No. 3. On motion by Alderman
Tures and second by Auck the Clerk was instructed to open the bids on water
main. There werernine bids received. The Mayor refered the bids to Water
Committee and City Engineer for study and recommendation.
Attorney Howard's letter on Bennett excavations. The Clerk read
the following letter:
April 20, 1953
Honorable Mayor and City Council
et of the City ,of Des Plaines:.
act
I have been requested to give additional consideration the the
question of the nuisance of the so-called Bennett excavation. Under the
authority of Section 23-61 of the Cities and Villages Act, we have the
authority to "define, prevent and abate nuisances". It seems to me that the
Bennett excavations are, in fact, nuisances and that we have the right to
fill them in without further ado if we wish.
It must be borne in mind, however, that we might be put to the
burden of proving to the satisfaction of same court that they were dangerous
to the safety and therefore a constituted nuisances. Mere unsightliness
or the unfounded irritation of neighbors would not be sufficient. Mrs.
Bennett, or whoever she conveyed the lots to, might sue us
for damages if we proceeded to fill in the excavation. In such case the
burden would be upon us to establish in a specific and duhstantial manner
that they were dangerous.
In the event we were unable to do so, we might be required to pay
monetary damages to the extent that our filling in caused any loss either
to Mrs. Bennett or any successor in title by reason of our actions. It is
inconceivable to me, however, that even in such case the assessment of
damages could amount to very much.
It is my personal opinion, therefore, that the quickest and most effective
way of remedying the situation is to simply fill in the remaining holes
without further court action or other procedure. I wish to make it clear,
however, that such a procedure is not entirely without risk as above stated.
I could not possibly guarantee that we would be completely free from
Financial responsibility by doing so.
MSH:sn
Respectfully submitted,
Marshall -S. Howard (signed)
T. R. Napier Plan Commission Letter. The Clerk read the
following, letter:
April 20, 1953
To the Honorable Mayor and City Council:
For a number of months your Plan Commission has been taking steps
toward the development of a comprehensive city plan keeping in mind that
the cost of such a project ordinarily runs into many thousands of dollars.
We Ore convenced that a very creditable job can be done at a
cost to the city which represents only a very small fraction of a normal
expenditure for such work.
37
38
4/20/53
Plan Commission letter continued.
Ip this connection the Plan Commission has been negotiating with
the Chicago2Aerial Survey Company for developing a set of photo maps of the
entire city and surrounding area.
The total cost of such maps and index books would be $1025? but with
the cooperation of a local firm which has constanding photographic equipment
we believe we can produce a fine photographic record of the city as it
exists today, by ordering only the basic flight and photos at a cost of $450.00
Such aerial photographs would be a great value, not only to the
Plan Commission, but also to the Council and other departments.
The actual photographic flight should be made within the next
10 days, - and we ask authorization to expend $450.00 from our appropriation.
Yours very truly,
(signed
T. R. Napier
Chairman.
The motion was made by Alderman Wolf and seconded by Davis to approve the
expenditure of $450.00. The Mayor put the question and the Clerk called
the roll with the following result: Ayes: Alderman Hansen, Davis, Wolf,
Tures, Behrel, Schallawitz, McKay, Morava, and Tures, Naysa: None.
Alderman Behrel reported on the County Zoning Hearing on property
at Dempster and Vernon Avenue. On Motion by Alderman Behrel and second by
McKay the Clerk was instructed to write the County Zoning Board that the Cid
objected to rezoning the tract of land which was dedicated for church
property. because as church property it need not be rezoned.
Hannifin Corporatlion Zoning variation application
the following application:
APPLICATION FOR REZONING OR ZONING VARIATION
We hereby request that a variance be granted
of an office building on the following described real
Residence District, Area District A:
. The Clerk read
to permit the construction
estate now zoned as
The South 3001feet of the North 415 feet of
the East 65 feet of the parcel of land
described as: Beginning at the point of
intersection of the east line of Wolf Road
with the North line of the SE* of Section
18, Township 41 North, Range 12, East of
the Third Principal Meridian, thence
southerly along the easterly line of Wolf
road 1139.18 feet, more or less, to a
point of intersection with the northwesterly
line of the right of way of the Chicago and
;.•. North;.W :steep Railroadr, thence_nbptheasterly
along the Northwesterly line of said right of
way 145.675 feet to a point) thence northerly
in a straight line to a point on the north
line of said SE* 200 feet east of the point
of beginning,, thence west along said line to
the point of beginning.
The Variance requested is to permit an office building 65 feet
X 300 feet to be erected on land, now zoned as residential and adjacent
to other land owned by us and zoned "Light Manufacturing District "A".
The proposed office building will be attached to our present
industrial building and ext®rid westerly 65 feet from our present
building located on Wolf Road just north of the Chicago and North
Western Railroad Company Outer Belt Line. The North line of the
proposed office building will be 115 feet south of our north property line.
It is an express convenant on our part that if said variance is
granted, the said parcel of land 65 ft. X 300 ft. and the building proposed
to be built thereon, shall never, so long as said land is zoned "Residential",
be used for any other purpose than for office purposes.
HANNIFIN CORPORATION.'
BY: R. 0.. Mc Carville. (signed)
4/20/53
On motion by Alderman Auck and second by Behrel the application was refered
to the Zoning Board of Appeals sitting as a commission to call a hearing.
The Clerk informed the Council he received a letter from the State
Director of Agriculture regarding spread of rabies in Maine and Leyden
Townships and that all dogs be on a lease, chain, or kept within an enclosure,4
The City ordinance provides for the above so no action is necessary.
Adopt resolution maintenance of streets by Motor Fuel Tax. The
Clerk read the following resolution:
RESOLUTION FOR MAINTENANCE OF ARTERIAL STREETS OR STATE HIGHWAYS
BY MUNICIPALITY UNDER THE MOTOR FUEL TAX LAW.
QJ�
BE TT RESOLVED, by the Council of the sum of $5,000.00 of Motor
Fuel Tax funds for the purpose of maintaining under the Motor Fuel Tax law,
the following described non -arterial streets or state Highways, from January 1, 1953
to December 31, 1953.
Non -Arterial
n
►►
n
n
It
11
n
n
n
n
n
It
Portion to be Maintained
Street From To
Mill Des Plaines East to End
River Des Plaines East to End
Oxford Columbia Washington
Cora Oakton Everett
Prospect White Maple
Laurel Harding Evergreen
Sycamore Everett Prospect
Maple Prospect Howard
Howard Maple Birch
Hoffman Wolf East for 1501
Pine Prospect Howard
Linden Oakton Prospect
Harvey Wolf Seegers
11 Seegers Wolf Harvey
Harvey Wolf W. to Railroad
Columbia Wolf W. to Railroad
Harding Wolf W. to Railroad
Washington Wolf W. to Railroad
Spruce Prospect Howard
Chestnut Prospect Hoard
Deane Everett Howard
Everett Illinois Deane
Riverview White Illinois
Harvey Warrington Cumberland
Columbia Warrington Cumberland
Harding Warrington Cumberland
Westgate Washington Golf
BE IT FURTHER RESOLVED, that the Clerk shall, as soon as practibable
after the close of the period as given above, submit to the Department of
Public Works and Buildings, Division of Highways, on forms furnished by
said Department, a certified statement showing expenditures from and balances
remaining in this appropriation; and,
BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit
two certified copies of this resolution to the Department of Public Works
and Buildings, Division of Highways, through its district office, at Chicago, Illinois
I, Mr. Otto W. J. Henrich, City Clerk in and for the City of
Des Plaines, County of Cook, hereby certify the foregoing to be a true,
perfect and complete copy of a resolution adopted by the Council at a
meeting on April 20, 1953.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and seal this
20th day of April, A.D. 1953.
Otto W. J. Henrich
City Clerk
The motion was made by Alderman Auck and seconded by McKay to adopt the
resolution. The Mayor put the question and the Clerk called the roll with
the following result: Ayes: Alderman Hansen, Davis, Wolf, Tures, Behrel,
Schallawitz, McKay, Morava, and Auck. Nays: None. The Mayor thereupon declared
the motion carried.
4/20/53
Adott Resolution maintenance of Arterial Streets.
the following resolution:
The Clerk read
RESOLUTION FOR MAINTENANCE OF ARTERIAL STREETS OR STATE
HIGHWAYS BY MUNICIPALITY UNDER THE MOTOR FUEL TAX LAW.
BE IT RESOLVED, by the Council of the City of Des Plaines, Illinois,
that there is hereby appropriated the sum of $5,000.00 of Motor Fuel Tax
funds for the purpose of maintaining under the Motor Fuel Tax Law, the
following described arterial streets or State Highways, from January 1, 1953
to December 31, 1953.
Arterial Street
or Route
Street
Portion to be maintained
From To
14 Columbia Wolf Woodbridge
11 Illinois Oakton , Prospect
17 Washington Warrington Ciunberland
18 Warrington Washington ' Golf
16 Cumberland Washington Golf
5 Pearson Des Plaines Thacker
BE IT FURTHER RESOLVED, that the Clerk shall, as soon as practicable
after the close of the period as given abov9 submit to the Department of
Public Works and Buildings, Division of Highways, to forms furnished by
said Department, a certified statement showing expenditures from and balances
remaining in this appropriation; and,
BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit
two certified copies of this resolution to the Department of Public Works
and Buildings, Division of Highways, through its district office at Chicago.
I, Mr. Otto W. J. Henrich, City Clerk, in and for the City of
Des Plaines, County of Cook, hereby certify the foregoing to be a true,
perfect and complete copy of a resolution adopted by the Council at a
meeting on April 20, 1953.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this
20th day of April, A.D. 1953.
Otto W. J. Henrich
City Clerk
The motion was made by Alderman Auck and seconded by McKay to
adopt the resolution. The Mayor put the question and the Clerk called the
roll with the following result: Ayes: Alderman Hansen, Davis, Wolf, Tures,
Behrel, Schallawitz, McKay, Morava, and Auck. Nays: None. The Mayor there-
upon declared the motion carried.
First reading of Garbage receptacle ordinance. The
for first reading the following proposed ordinance entitled:
AN ORDINANCE PROHIBITING GARBAGE CANS AND
RECEPTACLES ON CITY PARKWAYS.
lerk read
The Mayor ordered the ordinance placed on file for second reading.
On motion by Alderman Behrel and second by Schallawitz the Clerk
was instructed the Clerk was instructed to write to Soo dine to remove the
cars on track near Soo Line depot in which laborer are living. Also to
request the Soo Line to repair their crossings.
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 PLAINES THAT THE
FOLLOWING BILLS ARE DUE AND PAYABLE
AND THAT THE MAYOR AN) CITY CLERK
BE AND ARE HEREBY AUTHORIZED TO MAKE
PAYMENT FOR SAME.
4/20/53
(Schedule of bills placed before each Alderman and affixed to resolution
and on file with City Clerk.) The motion was made by Alderman McKay and
seddhded by Morava to adopt the resolution. The Mayor put the question and
the Clerk called the roll with the following result: Ayes: Alderman
Hansen, Davis, Wolf, Tures, Behrel, Schallawitz, McKay, Morava and Auck. Nays:
None. The Mayor thereupon dedlared the motion carried.
Alderman McKay presented an agreement regarding street repair bond
ordinance with Allen Blair & Co. The motion was made by Alderman McKay,
and seconded by Behrel that the Mayor and Clerk be authorized to execute the
agreement. The Mayor put the question and the Clerk Called the roll with
the following result: Ayes: Alderman Hansen, Davis, Wolf, Tures, Behrel,
Schallawitz, McKay, Morava, and Auck. Nays: None. The Mayor thereupon
declared the motion carried.
Adjournment: The motion was made by Alderman Schallawitz, and
seconded by Behrel to adjourn to monday April 27, 1953. The motion was
voted upon .y acclamation whereupon the Mayor declared the motion carried.
Otto W. J. Henrich
City Clerk ,/
MINUTES OF THE ADJOURNED MEETING OF
THE CITY COUNCIL OF DES PLAINES,
ILLINOIS, HELD IN THE COUNCIL CHAMBERS
MONDAY, APRIL 271 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, Davis, Wolf, Tures, Behrel,
Schallawitz, McKay, responding to roll call.
Official reports., The Clerk submitted the report of Treasured
L. C. Barrett for April.
The Clerk reported that he had a letter and resolution which
the Mayor had received from Mr. H. Anderson, Supt. of Maine Township
High School, On motion by Alderman Tures and second by Hansen the Clerk
was instructed to write a letter to Mr. Anderson of Action taken by City
Council at its meeting April 20, 1953.
The Mayor informed the Council regarding foreclosures on special
assessments due to a letter from John M. Treveiler requesting a foreclosure.
On motion by Alderman McKay and second by Hansen the Council approved
permission to allow Mr. Treveiler to foreclose on special assessments
five lots in Cumberland.
Canvass ballots of April 21, l953. City Election and Annexation
Referendum. On motion by Alderman Hansen and second by Wolf it was
approved that the Mayor appoint a committee to canvass the ballots.
The Mayor appointed Alderman Hansen, McKay and Schallawitz, and dedlared
a recess. After reconvening the committee presented two resolutions:
Resolution declaring the results of the City Election held on
April 21. 1953 The Clerk read the following resolution:
RESOLUTION DECLARING THE RESULTS OF THE
CITY ELECTION HELD ON APRIL 21, 1953
WHEREAS a regular election was held in the City of Des Plaines
on Tuesday, April 21, 1953, for the purpose of electing a Mayor, A City
Clerk, a City Treasurer, a Police Magistrate, one Alderman for each of
Wards 1, 2, 3, 5, and 7, and two Aldermen for each of the Wards 4 and 6;
WHEREAS the Mayor and City Council have canvassed the votes
cast at said election and find as follows:
For election of City Officers:
TOTAL Ballots cast 1849
Spoiled Ballots
Defective Ballots
41