08/17/19538/17/53
MINUTES OF THE REGULAR MEETING OF
THE CITY COUNCIL, CITY OF DES PLAINES,
ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
MONDAY. AUGUST 17, 1953 at 8:00 P.M.
CALL TO ODER. The Mayor and City Clerk being absent the Deputy Clerk
called the roll with Alderman Hansen, Schubert, Wolf Tures, Schallawitz, Jacobs,
Behrel, Harm, Auck, Prickett, Dahl, Davis, and McKay. Alderman Blume was absent.
On a motion by Alderman Wolf and seconded by Behrel, Senior Alderman McKay was
appointed Mayor pro tem.
APPROVAL OF MINUTES. The motion was made by Alderman Wolf with the
request it be inserted that he had made a progress report on street sweepers with
a definate decision to be given at this meeting, Alderman Auck seconded to approve
the minutes of August 3, 1953. The motion was voted upon by acclamation whereupon
the Mayor Pro tem declared the motion carried.
OFFICIAL REPORTS. The Deputy Clerk submitted the report of the City
Treasurer for the month of July.
REPORT OF THE CITY ATTORNEY. The City Attorney read
August 17, 1953
Honorable Mayor and City Council
City of Des Plaines, City Hall
Des Plaines, Illinois
Gentlemen:
a report:
I regret to report to you that last Thursday, August 13th, Judge Harry
Fisher, of the Circuit Court, decided against the City in the case brought by
Herzog concerning the zoning on Algonquin and Wolf Roads. Judge Fisher held all
the way down the line against us.
He ruled, first, that our ordinance, automatically zoning for residence
purposes, newly annexed property, or automatically zoning for single family
residences all property not otherwise zoned, was completely void and invalid.
He said any attempt to enact a similar ordinance would be void and no property
could be zoned in such a manner, that in zoning matters each property or area
had to be specifically considered and zoned.
Secondly, he found that our specific ordinance, wherein we considered
this particfllar property after receiving the Zoning Board's report, was likewise
invalid and void.
Thirdly, he found further that any attempt whatsoever to zone property
along an arterial highway for residence purpose only would be void.
Fourthly, he found that as a matter of sound zoning each particular
residential area must be served with adequate areas for commercial or business
property within walking distance of all residential areas and that any attempt
to sidestep this principle would likewise be invalid and void.
Fifthly, he ruled that the existence of a school site adjoining the
property in question and the existence of single family residence solidly built
across the street on Algonquin Road did not constitute such factors of safety
and welfare as is required to sustain a zoning ordinance. He said in his
opinion residents who build on an arterial highway, and a School Board who
places a school site along one highway close to an intersection, are taking
the risk of a commercial development and should not complain.
In other words, he found that everything we did and everything we could
possible do to stop commercial development in the block in question was or would
be void.
Your very truly,
Marshall S. Howard
Marshall S. Howard
MSH: sa
(signed)
after a lengthy discussion Alderman Wolf made a motion and Jacobs seconded to
make an appeal on the -Herzog, Algonquin and Wolf Road zoning. The Mayor pro tem
put the question and the Deputy Clerk called the roll with the following results:
Ayes: Alderman Hansen, Schubert, Wolf, Schallawitz, Jacobs, Behrel, Auck, PPiickett,
8/17/53
Dahl, Davis and McKay. Nays: Tures and Harm. The Mayor pro tem thereupon declared
the motion carried.
APPROVAL OF BILLS. Alderman Behrel, 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 AND CITY CLERK BE AND'ARE HEREBY
AUTHORIZED TO MAKE PAYMENT FOR SAME.
(Schedule of bills placed before each Alderman and affixed the resolution, and file
with the City Clerk.) The motion was made by Alderman Behrel and seconded by
Schubert to adopt the proposed resolution. The Mayor pro tem put the question and
the Deputy Clerk called the roll with the following result: Ayes: Alderman Hansen,
Schubert, Wolf, Tures, Schallawttz, Jacobs, Behrel, Harm,Auck, Prickett, Dahl,
Davis and McKay. Nays: None. The Mayor pro tem thereupon declared the motion
carried.
Alderman Behrel reported on insurance for pumps the cost would be
$3,162.98 for three years, with the stipulation that each pump must be pulled every
three years the cost paid by the city of $1,000.00 per pump. Alderman Behrel made
'i the motion and Tures seconded to table it until November appropriation. Alderman
Dahl made a motion to amend and Schallawitz seconded it to include any and all
insurance companies. The motion was voted upon by acclamation whereupon the Mayor
pro tem declared the motion carried.
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Alderman Dahl reported on the Telephone Franchise that the delays in
installation was due to the company making the equipment not the telephone company
themselves but by January 1st there would be sufficient equipment for immediate
installations. He also requested that it be left in the Committees hands for six
months to keep a constant check on things.
The Deputy Clerk read -the following report:
Honorable Mayor & Fellow Council Members --
Your Building and Mobile Equipment Committee respectfully submits their
considered recommendation on the purchase of a Street Sweeper for the City of
Des Plaines.
After considerable investigation and comparison we definately feel that
the Wayne Sweeper is the better piece of equipment and will cost our City
approximately $200.00 less, than any comparable sweePer.
We base this recommendation, not entirely on our knowledge and findings;
but on the basis of information gained from operators that own and maintain both
comparable Sweepers and who state that the Wayne Sweeper is superior, not alone
"ECONOMY WISE", but just as important "OPERATOR WISE".
Building and Mobile Equipment Committee
R. G. Wolf, Chairman (signed)
Henry C. Hari, Member (signed)
Alderman Wolf made the motion to refer the Street Sweeper discussion to the Committee
to be held with him present, Alderman Harm seconded. The motion was voted upon by
acclamation whereupon the Mayor pro tem declared the motion carried.
Alderman Hansen reported that the United Motor Coach Company had changed
the routing as per request.
Alderman Prickett reported that the Minnich property on Miner Street would
be vacated and torn down. Pallet Devices wishes to build a one story structure but
property will have to be rezoned to industrial.
Alderman Prickett read a letter regarding a sign on River and Rand Roads for
the Howard Johnson Restaurant describing sign and location. A five minute recess was
called for an inspection of plans for sign by Council. After reconvening Alderman
Jacobs made a motion to refer application back to Committee for final discussion at
next meeting, Alderman Hansen seconded the motion. The motion was voted upon kiy
acclamation whereupon the.Mayor pro tem declared the motion carried.
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8/17/53
Alderman Prickett made a motion to permit to build dry cleaning
establishment at request of Commissioner Rieck which Alderman Sphallawitz
seconded. The motion was voted upon by acclamation whereupon the Mayor pro
tem declared the motion carried.
Alderman McKay reported on the doubling of Commercial Garbage rates
a lenghthay discussion followed, after which Alderman McKay stated there would
be a meeting for thebusiness men on or about September 14. Alderman Wolf wants
the Council concurance on garbage raises.
The Deputy Clerk read a letter to the State Highway Department from
Mayor Meyer regarding the underpass on U.S. Highway #14 at."S" Curve. Alderman
Jacobs suggested the Mayor write a second letter submitting pictures and news
paper clippings of accidents and a request for a "Dangerous Underpass" sign be
placed just before the "S" Curve.
Second Reading of Ordinance Restricting Parking on Lee Street From Prairie
Avenue to Thacker Street. The Deputy Clerk read the second reading of the following
ptopowiod ordinance, entitled:
AN ORDINANCE TO RESTRICT PARKING ON
LRE STREET FROM PRAIRIE AVENUE TO
TRACKER STREET.
After discussion the motion was made by Alderman Tures and seconded ty Behrel to pass
the proposed ordinance. The Mayor pro tem put the question and the Deputy Clerk called
the roll with the following results: Ayes: Alderman Hansen, Schubert, Wolf, Tures,
Schallawitz, Jacobs, Behrel, Harm, Auck, Prickett, Dahl, Davis and McKay. Nays: None.
The Mayor pro tem thereupon declared the motion carried.
On a notion by Alderman Schubert and seconded by Hansen the Council
instructed the City Clerk to purchase 48 Parking Meters for the above ordinance.
The Mayor pro tem put the question and the Deputy Clerk called the roll with
'the following results: Ayes: Alderman Hansen, Schubert, Wolf, Tures, Schallawitz,
Jacobs, Behrel, Harm, Auck, Prickett, Dahl, Davis and McKay. Nays: None. The
Mayor pro tem thereupon declared the motion carried.
The Deputy Clerk read the notice of a Zoning meeting for Elk Grove
Township on property on Oakton Street and Mount Prospect Road which was referred
to Alderman Dahl, Chairman of the Municipal Development Committee.
Alderman Jacobs reported of a dump of Manilow Construction Company on
Hoffman Parkway which is City Property, Superintendent of Public Works stated he
has spoken to Manilow and it is to be removed in the very near future.
Alderman Hansen presented a petition signed by ten residents in the
1300 block of Perry Street complaining of a Foster home being operated, one of
the petitioneers spoke giving details and description, this was referred to the
Building Commissioner and the Building Control and Inspection Committee for
investigation.
letter:
Vacating Easement on Howard Avenue. The Deputy Clerk read the following
August 14, 1953
PLAN COMMISSION
City Council
City of Des Plaines
Des Plaines, Illinois
Gentlemen:
RE: Property at Howard Avenue
Des Plaines, I11.
Owners: George H. Mahoney
Bertha Mahoney
Your Plan Commission had presented to them the attached petition of
George H. and Bertha Mahoney regarding Lots 52 and 53 located in Oakton Gardens
facing Howard Avenue. The second sheet of this petition lists the working of the
easement affecting Lot 53; this easement being 33 -feet and shows on the plat
running through all lots - from Howard Avenue starting at Lot 53 through Lot 88
and Lot 94, this easement being on the east end of the aforementioned lots.
The subdivision known as Dexter Acres adjoins from Lot 61 through
Lot 78 and has no dedication for any easement. It would, therefore, mean that
if the City would avail themselves of the 33 -foot easement at some future date
for street purposes, it would be "dead-end" at Dexter Acres.
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8/17/53
PLAN'COMMISSIONS LETTER continued.
The petitioners have sold Lots 52 and 53 and, due to the working of
the easement affecting these lots, the Chicago Title and Trust Company will not
grant the Guarantee Title unless information is given them of the desire of the City
of Des Plaines to vacate this easement. We, the Plan Commission, feel that this
is a legal matter and may affect all the above-mentioned lots and that our only
position can be that of recommending as to our opinion of the desirability of the
use of this street.
We, therefore, recommend that the petition be -granted and that the necessary
action be taken by the City Council in the vacating of the easement of Lot 53 so that the
petitioners can consummate the sale. Our reason for the recommendation.being that
the street could not be run through to Oakton without "condemnation" proceedings
of the property adjoining Dexter Acres.,
Respectfully Submitted,
W. T. Anderson.(signed)
W. T. Anderson, Secrets*.
DES PLAINES PLAN COMMISSION
After a lengthy discussion,' Alderman Auck made a motion to vacate easement and
Alderman Tures seconded. The motion was voted upon by acclamation whereupon the
Mayor pro tem declared the motion carried.
On a motion by Alderman Wolf and seconded by Hansen the City Attorney
was asked to draft an ordinance vacating the 33 -foot easement.
Alderman Wolf asked that there be signs put on the entrance to the Exit
directing cars the route around.Parking Lot #2.
Alderman Dahl summerized a letter from the Middle States Telephone Company
regarding a raise in rates effective August 1, 1953.
FIRST READING OF ONE-WAY STREETS. Thd Deputy Clerk read for the first
reading the following proposed ordinance entitled:
AN ORDINANCE TO DECLARE PARK PLACE AND
JaVERSON STREET ONE-WAY STREETS BETWEEN
LEE AND PEARSON STREETS AND TO PROHIBIT
PARKING ON.A PORTION OF THE NORTH SIDE
OF 1 PERSON STREET.
The,Mayor pro tem ordered the proposed ordinance placed on file for second reading.
E. N. Fletcher presented the Cedar Street Sewer Permit for the City of
Chicago for action by the Council. The motion was made by Alderman Tures and
Seconded by Wolf to turn it over to the Mayor and City Clerk for disposition.
ADJOURNMENT. The motion was made by Alderman Tures and seconded by
Schubert to adjourn. The motion was voted upon by acclamation whereupon the
Mayor pro tem declared the motion carried and the meeting regularly adjourned.
Gladys By hholz - Deputy fs erk
SPECIAL MEETING OF THE CITY COUNCIL,
DES PLAINES, ILLINOIS, HELD IN THE
COUNCIL CHAMBERS, MONDAY., AUGUST 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, Schubert, Tures, Schallawitz, Jacobs, Behrel,
Harm, Aivek, Prickett, Blume, Davis and McKay responding to roll call. Alderman Wolf
and Dahl were absent.
NOTICE OF CALL. The Clerk read the following notice:
NOTICE OF SPECIAL COUNCIL MEETING
Notice is hereby given that a special meeting of the City Council of the
City of Des Plaines will be held, Monday, August 24, 1953, in the Council 'Chambers
to consider the adoption of the ordinance providing for the street lighting system