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05/18/19535/.4/53 50 Appointments made to December 31, 1953. City Engineer Edgar N. Fletcher Superintendent Public Works Earl R. Warnicke Acting Police Marshal' John Wigham Fire Marshall.... Raymond Kolze City Attorney Marshall S. Howard Building Commissioner Arthur Rieck On motion by Alderman Behrel and second by Tures the appointments. Council approved the The following appointments were approved on motion by Alderman McKay and second by Hansen: CIVIL SERVICE COMMISSION - Peter J. Manz reappointed for year term to April 30, 1956. LIBRARY BOARD: - Mrs June Morehart and Keats Longley for year term to April 30, 1956. 30, 1958. three three TRAFFIC COMMISSION - Albert Pieper for five year tern: to April ZONING BOARD OF APPEALS - Albert L. Gundelach for term to April 30, 1958. five year SCHOOL PATROL COMMISSION - Leslie Hedberg for a three year term to April 30, 1956. ARCHITECTURAL COMMISSION - E. Swedberg for two year.term to April 30, 1955. Clifford Carlson for three year term to April 30, 1956. ADJOURNMENT. The motion was made by Alderman McKay and seconded by Hansen to adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the Council regularly adjourned. Otto W. J. % enrich - CitY Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, held in the COUNCIL CHAMBERS, MONDAY, MAY 18, 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, Schallawitz, Wolf, Tures, Schubert, Jacobs, Behrel, Harm, Audis, Prickett, Dahl, Blume, and McKay responding to roll call. APPROVAL OF MINUTES The motion was made by Alderman Hansen and seconded by Schallawitz to approve the minutes of May 4, 1953. The motion was voted,upon by acclamation whereupon the Mayor declared the motion carried. OFFICIAL REPORTS The Clerk submitted the reports of Treasurer and Welfare Nurse for April. City Attorney M. S. Howard report..•The Clerk following report: May18, 1953 Honorable Mayor and City Council City of Des Plaines Des Plaines, Illinois: Gentlemen: ead the City Attorneys report continued. 5/18/53 As you have probably already seen from the newspapers, I regret to report to you that Judge Fisher decided against us in the lawsuit entitled,"Garland vs. City of Des Plaines". This lawsuit sought to have our residential zoning on Miner Street held to be illegal and void. The case was tried before Judge Fisher last December, but because of his illness, decision w as postponed until last week. Judge Fisher called us in last week and rendered his decision against the City finding single family residence zoning on Miner Street, at it applied to the Garland property, was unreasonable and void. With the court decision to this effect, this leaves us without zoning restrictions of any kind as to this property. Under the circumstances, I suggest that some consideration be given to re -zoning this property consistent with Judge Fisher's decision. On the other hand, I am pleased to report a definite achiev- ment in our campaign against violation of zoning laws. Last week Judge Roberts of the Circuit Court entered a decree perpetually preventing Mr. Jacob Heinrich from using his property on Prairie Avenue for any purpose other than single family residence purposes. You may recall we have had considerable trouble with Mr. Heinrich over his LCD deliberate violations of our zoning laws in converting the single family residence to a duplex apartment use. Some time.ago we filed an injunction ifr suit against the zoning violation and to require him to reconvert to a e^' single family residence. This suit was successfully terminated last week when Judge Roberts entered an injunction decree in our favor. ct It is reported to me that Mr. Heinrich has already commenced reconverting and that the property will hereafter be used for single family residence purposes. We have thus scored an outstanding victory in our continuous campaign against will ful and harmful zoning violations. 1 I also wish to report that the first phase of the battle of our condemnation of our parking lot No. 2 will be fought out tomorrow before .udge Normoyle in the Circuit Court. Almost all of the parcels except one have filed what is known as a traverse, challenging our legal right to proceed with the condemnation suit. If we are successful in tomorrow's legal battle, the case will then be set for hearing before a jury to set the value of the parcels we seek to take. I wish to report the lawsuit filed by Herzog against the City of Des Plaines, challenging the Council's decision on commercial zoning on his property at Algonquin and Wolf Roads, is set for trial before Judge Fisher on Wednesday. I have notified the property owners group who objected so strenously to the Herzog project in the zoning hearing and Attorney Joseph Payne, leading this group, has volunteered to assist me to whatever extent he can in this trial. In the Mayer Coal & Material Company case, hearings have been suspended for some time because of the inability of myself, the attorney for the Meyer Company and the Master in Chancery to get together on a date when we would all be free to proceed. After considerable effort on my part to resume hearings, the case is now set before Master in Chancery Sullivan again for Thursday, June 4th for another hearing. I sincerely hope to be able to finish our sid of the case before summer vacation sets in. Special Assessment No. 158 for paving parts of Van Buren and Jeannette Streets has been set by the county judge for hearing on objections on June 2nd. At the request of the property owners, I have prepared a waiver of notice and objections, which, if unanimously signed, will enable us to proceed with this improvement prior to. that date. Special Assessment No. 162 for water mains on Birch Street has been filed in the County court but no date yet set by the court for hearing or objections. MSH:sn Respectfully submitted, Marshall S. Howard The Mayor ordered the report placed on file. r. . 51 5/1$/53 Alderman Harm reported of a meeting of the License Committee regarding the collection of delinquent license and that the committee would make provision to see that the license would be paid earlier in the year. Alderman Auck informed the Aldermen if they had arthing regarding police matters to see him and that in the future to contact the Police Marshal instead of the other officers. To advertise bids forttwo chlorinators. On motion by Alderman Tures and second by Auck the Council instructed City Engineer to advertise bids for two chlorinators for Well No. 2 andNo. 3. and bids to be in at the June 1, 1953, meeting. State Highway Letter. The Clerk read the follwing letter: May 12, 1953 Howard & Hasterock 77 West Washington Street Chicago 2, Illinois Attention: Mr. Marshall S. Howard Gentlemen: This will acknowledge receipt of your letter of April 20 in which you inquired as to the status of Wolf Road in Des Plaines. I shall attempt to answer the three questions raised in your letter. (1) An Act in Relation to State Highways defines the roads which comprise State highways among which are State aid roads. These are defined in an Act to Revise the Law .in Relation to Roads and Bridges as all highways designated by the County board and approved by this Department. Wolf Road is such a highway. Section 32 of this Act states that the State shall maintain such roads. You are correct in assuming that Des Plaines has _no control over speed postings along Wolf Road as Section 49 9f the Unbforip Act Regulating Traffic, reserves for this Department the right to control speed limits on State highways. (2) Our records indicate the following postings on Wolf Road Between Algonquin & Thacker - - - 35 M.P.H. Between Thacker & W. Golf Road - - - 30 M.P.H. Between W. Golf Road & Rand Rd.- - - 35 M.P.H,. We will be glad to conduct speed surveys and inform you of the results at any location you desire. (3) If Des Plaines wishes to take over the maintenance of Wolf Road in the City, the Council should pass a resolution similar to the resolution passed at the time parking meters were installed in the business district on State highways. Upon receipt of such a resolution due consideration w ill be given to the proposal. In the event that Wolf Road was turned over to Des Plaines you still could not actually set your own speed limits as Section 49A of the Uniform Act Regulating Traffic states that the prima facis li�its are 20 M.P.H. in business district, 25 M.P.H. in residence district and 35 M.P.H. in a suburban district and the only local authority which can change these limits is the City of Chicago. Des Plaines could, however, erect signs calling attention to the prima facie limit applicable if the highway was turned over to them. I trust that the above answers all of your questions. Very truly yours, J. P. Tuthill WCP/pr DISTRICT ENGINEER On motion by Alderman Tures and second by Schallawitz the Council decided not to abandon. State maintenance of Wolf Road. On motion by Alderman Jacobs and second by Dahl the Clerk was itructed to ask the Highway Dept. to, make a traffic survey on Wolf Road. 5/18/53 On motion by Alderman Jacobs and second by Prickett the Clerk was indtructed to white the Highway Dept. to change to 25 M.P.H. limit to west of Wolf Road on Algonquin Road. Alderman Dahl suggested the Clerk write the Highway Department to change to 35 mile limit on Des Plaines Avenue from Howard to Touhy. Adopt Garbage Can time limit Ordinance The Clerk read for second reading the following proposed ordingice entitled: AN ORDINANCE PROHIBITING GARBAGE CANS AND RECEPTACLES ON CITY PARKWAYS The motion was made by Alderman McKay and seconded by Wolf to adopt the ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Hansen, Schubert, Wolf, Tures, Schallawitz, Jacobs, Behrel, Harm, Auck, Prickett, Dahl, Blume, and McKay. Nays: None. The Mayor thereupon declared the motion carried. Approval of Bills. Alderman Behrel, Chairman of the Finance Committee presented the following proposed resolution: CD 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 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 was made by Alderman Behrel and sedonded by Wolf to adopt the resolution. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Hansen, Schubert, Wolf, Tures, Schallawitz, Jacobs, Behrel, Harm, Auck, Prickett, Dahl, Blume, and McKay, Nays: None. The Mayor thereupon declared the motion carried. Council approves taking special census. The Mayor informed the new Councilmembers regarding the desire for taking a'special census. The motion was then made by Alderman McKay and seconded by Schallawitz that the Clerk advise the Dept. of Commerce that the City of Des Plaines desires to have a special census and .that a check for 9$1,300.00 made to the Treasurer of the United States for certain expenses be remitted4. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Hansen, Schubert, Wolf, Tures, Schallawitz, Jacobs, Behrel, Harm, Auck, Prickett, Dahl, Blume, and McKay. Nays: None. .The Mayor thereupon declared the motion carried. (Clerk to contact Smagge) Fire Station The Mayor refered to the Fire Committee, Fire Marshal and City Attorney the selection of a fire station. Commissioners to appoint a patrolman. On motion by Alderman Auck and second by Behrel the Fire and Police Commiccioners are t be instructed to appoint a patrolman. The Mayor on suggestion of Alderman Auck refered to the Street Committee the item of traffic,; signal at Ash and Mannheim. Adopt Resolution dangerous Building 1759 Illinois St. The Clerk read a resolution on dangerous building 1759 Illinois Street. On motion by Alderman Hansen and second by Auck the council adopted the resolution. . State Department of Public Health Letter. The Clerk informed the Council a letter was received approving water main extensions in several streets. Mrs. D. B. Hauer, 386 Stratford Road Letter The Clerk read a letter from Mrs. Hauer stating need of traffic lights at Dempster and Potter, also U. S. 12 and Wolf Road. The Mayor instructed the Clerk to write to the State Department about the Wolf Road crossing and inform Mrs. Hauer to write to the Maine Township High School about the Patter and Dempster Crossing. 53 54 5/1$/53 Reappoint Des Plaines Police Reserves. On motion by Alderman Auck and second by Jacobs the Council approved the reappointment of the Police Reserves. The Clerk has list of members on file. Miner - Mason Lane Traffic hazard. On motion by Alderman Hansen and second by Schubert the City Attorney is to draft an ordinance prhibiting parking on the south side of Miner Street 150 feet West of Mason Lane. The Mayor refered the parking in this area to the Street and Traffic Commission. Junior Chamber of Commerce request. On motion by Alderman Auck and second by Tures the Council granted permission to the Junior Chamber of Commerce to point signs on cross walks in business district. Resolution on State Mental hospitals. Alderman Dahl read a resolution on State mental hospitals. On motion by Alderman Dahl and second by Schubert the Council adopted the resolution. Garland property zoning. On motion by Alderman Schubert and second by Auck the Council refered to the Zoning Boardl of Appeals the item of considering the proper zoning of the Garland property on Miner St. On request of Alderman Harm the Mayor refered the parking at Prairie and First Ave. to the Street Committee and Traffic Commission. On motion by Alderman McKay and second by Blume the Council refered to the Street Committee with power to act the request of Cumberland Terrace Civic Club the use of Columbia Avenue West of Wolf Rd. On motion by Alderman Schallawitz and second by Auck the Council approved the appointments of Rudolph Schaefer .to Architecture Commissione and Elsie Willer Health Inspector. Adjournment. The motion was made by Alderman Hansen and seconded by Jacobs to adjourn to Monday May 25, at 8:00 P.M. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. Q Otto J. =-nrich - City Clerk ADJOURNED MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, MONDAY MAY 25. 1953 at 8:00 P.M. Call to Order The meeting was called to order by Mayor Kenneth G. Meyer who presided with Alderman Schubert, Wolf, Schallawitz, Jacobs, Harm, Prickett, Dahl, Blume, and McKay responding to roll call. John Tures and Harold Ahbe appointed members of Fire and Police commission. On motion by Alderman McKay and second by Sch allawita the Council approved the appointment of John Tures, 246 N. Eighth Ave. to 1956 and Harold J. Ahbe, 1600 Ashland Ave. to 1954 as members of Fire and Police Camtission. Walter Merriam appointed Trustee Police Pension Fund. On motion by Alderman Schubert and second by Blume the Council approved the appointment of Walter Merriam, 953 Jeannette Ave. as members of Board of Trustees of Police Pension Fund. The Council discussed the City code until adjournment. ADJOURNMENT The motion was made by Alderman Schallawitz and seconded by Jacobs to adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the Council regularly a4journed. fienrich - City Clerk