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06/07/19541 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, MONDAY, JUNE 7, 1954, 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, Wolf, Tures, Schallawitz, Jacobs, Behrel, Harm, Auck, Prickett, Dahl, Blume, Davis and McKay responding.to roll call. APPROVAL OF MINUTES. The motion was made by Alderman Auck and seconded by Schallawitz to approve the minutes of May 17, 1954. Alderman Wolf requested a correction in garbage collection item from "want of a motion" to "want of a second." Also requested his no vote to be recorded in same item on collection of garbage. The motion was then voted upon by acclamation whereupon the Mayor declared the motion carried with correct- ions made. OFFICIAL REPORTS. The Clerk submitted the reports of City Clerk and Building Com: missioner for May. The Clerk read a report from Fire Marshal Kolze that he found no violation of City Ordinance of a rooming house at 1468 Oakwood Avenue. C7 The Mayor read a report from Attorney Howard on Garland property that they did not include a small part and he recommended that the item be referred to the Zoning Board of Appeals for rezoning the entire property. On motion by Alderman Dahl and seconded by Harm the recommendation was concurred in. 1 1 The Mayor read the following report: Gentlemen: I submit the following brief report on various of the City's legal activ- ities in which you might be interested. 1. As you have probably all seen by the papers, the City won the Supreme Court appeal in the Herzog case involving the property at Algonquin And Wolf Roads. The Court found that our ordinance covering this property and automatically classify- ing it as residential upon annexation was valid. The Court said that the evidence clearly showed that although the property was on a thru highway, it nevertheless also showed the area to be predominantly residentail in character. This being so and the question of zoning being, under these circumstances, debatable, judgment of the City Council making part of it commercial and the balance of it residential was conclusive and valid. The Herzog Company, of course, has the right to petition for rehearing. Notice of a petition for rehearing must be filed by tomorrow, June 8, and a printed petition for re -hearing filed with the Court by June 23. It is unsafe, of course, to predict that the Court will not grant a re -hearing. It might say, however, it only does so in an extremely small percentage of the cases it hears. 2. I appeared before the County Court of Cook County on Tuesday, June 1, and had a judgment of confirmation entered in the matter of Special Assessment No. 164, which is the construction of water mains in Oakton Gardens and Dexter Acres. I have advised the. City Engineer of this and assume in due course bids will be taken and work will proceed. 3. The City has finally concluded presentation of all its evidence before the Master in Chancery in the case of Des Plaines vs. Meyer Coal and Material Company. The defendent, through its attorneys, has indicated it will now move for and argue a motion for a finding for the defendant on the grounds that we have not proved a case at law. No date has yet been set for argument on this motion and I will report at a later date on this matter. 4. Some time ago there was turned over to me for suit the only three business licenses which had not been paid up for the year 1953. Upon the filing of suit, one paid up in full- another, the Sterling Oil Company, contested suit, but after several hearings before Justice of the Peace Tone, judgment has been entered in this case in favor of the City. The third unpaid license is that of the Parts Service Company at 1058 Lee Street in the sum of $25.00. The constable in this lawsuit was never able to find anyone to serve with a summons. Further investigation showed these people are in such deep financial trouble that even if a judgment were obtained against them, it would be uncollectable. In the absence, therefore, of any further instruction to the contrary, I will abandon any further efforts on this license. 154 6-7-54 Report from Marshall S. Howard (Cont'd.) For the year 1954, Mr. Henrich reported to me onl three unpaid business licenses, two of which were again the Sterling Oil Company and Parts Service Company. As a result of letters sent out some time ago, one of1the three, namely the Zephyr Cafe, paid up the license. This leaves only two unpaid usiness license fees for 1954. If I am unable to collect from the Sterling Oil Comp y as a result of the suit on our 1953 license, I will sue this Company once agai 5. I still have on my agenda the question of preparing new regulations for the Police and Fire Commission and the preparation of an ordinance for alternate sides of the street parking, both of which have been pending for some time. In the first case, I have been trying to get together on a date for conference with the Police and Fire Commission, but have been unable to do so. The fault in this respect I frankly admit is mostly mine for lack of time. On the alternate sides parking ordinance I have pr1epared several drafts. This ordinance, however, involves some complicated questions regarding no -parking zones, through streets, wide streets, vacant areas, etc., whic require some rather complicated provisions and require information which is coming to me from other City Officials. I hope to report on both of these matters again so Marshall S. Ho The Mayor ordered the report placed on file. The Mayor read the following report: Gentlemen: no and (Signed) Pursuant to directions given to me at the last Counci meeting, I wrote a letter to the Weller Creek Drainage District regarding the obstruction to the flow of water in Weller Creek, and particularly the situation at th Chicago and North- western tracks which assisted so materially in creating the disastrous flood condi- tions of several weeks ago. In answer to this letter, I had a long telephone conference with Attorney Wild, representing the Drainage District. Mr. Wild admitted on the telephone that the situation at the railroad tracks was a serious one and one to which they would give Serious and immediate attention. He offered to meet with the Mayor and myself and a representative of the Drainage District at as early a date as possible. The date has tentatively been set for a meeting this coming Wednesday, dune 9. I shall be glad to report to you again after such a meeting. Marshall S. Howard (Signed) The Mayor suggested Alderman Blume and McKay get in touch with time of meeting. Attorney Howard for Superintendent Wernicke informed the Council he had a meeting with Mr. H. P. Ramey, Acting Chief Engineer and he suggested that the City write a letter to the Sanitary District to put in a by-pass for interceptor to the river at Rand Road. On motion by Alderman Jacobs and seconded by Schallawitz the Clerk was instructed to write the letter. Alderman Dahl reported of receiving calls about two new annexations but thought that the Council should not take any action on them at present time. The Mayor referred to the Public Building Committee t for old library books in City Hall basement. item of shelving Alderman Davis read a letter from Attorney Howard regarding the referendum on fire station and other items. The Finance and Fire Committee are to meet regard- ing same. The Mayor informed the Finance Committee to check with Clerk on bond maturities. 6-7-54 155 On motion by Alderman Tures and seconded by Wolf the Council instructed Superintendent Warnicke and the City Engineer Fletcher to select sites for the south side water tower and for a new well, approximately one acre for each at about 53,000.00. Alderman McKay reported about a garbage collection ordinance and the Mayor informed him the Attorney was drafting an ordinance. Alderman Schubert reported that the City had received a check for $1,000.00 from the Jewel Tea Company , 1411 Ellinwood Street, for the use of Parking Meter Fund. The Mayor will write a letter of thanks. APPROVAL OF BILLS. Alderman Behrel presented the following resolution: BE IT RESOLVED BY TEE 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 HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. (A 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 seconded by Jacobs 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, Davis and McKay. Nays: None. The Mayor thereupon declared the motion carried. Alderman Behrel reported a bill from Wally's Mobil Service Station 5241.50 had been held up by Alderman Wolf for investigation and said that Alderman Wolf approved payment. Alderman Behrel then made the motion which was seconded by Jacobs to pay the bill. 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, Davis and McKay. Nays: None. The Mayor declared the motion carried. The Clerk informed the Council that the contract of Mr. Chamales had been on file seven days. The motion was made by Alderman Davis and seconded by Schubert to approve the contract. Alderman Blume informed the Council he had further information which he would like to discuss with Council and therefore made the motion which was seconded by Wolf to table the contract. 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 and Blume. Nays: Alderman Auck, Prickett, Davis and McKay. The Mayor declared the motion carried. ADOPT ORDINANCE PARKING METERS ON PARK PLACE AT PEARSON. The Clerk read for second reading the following ordinance entitled: AN ORDINANCE TO RESTRICT PARKING ON THE SOUTH SIDE OF PARK PLACE AND PROVIDE FOR PARKING METERS THEREON The motion was made by Alderman Schubert and seconded by Tures 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, Davis and McKay. Nays: None. The Mayor declared the motion carried. ADOPT ORDINANCE PROHIBIT PARKING SOUTH SIDE BENNETT PLACE. The Clerk Read for second reading the following ordinance entitled: AN ORDINANCE TO PROHIBIT PARKING ON THE SOUTH SIDE OF BENNETT PLACE The motion was made by Alderman Jacobs and seconded by Behrel 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, Schallaqitz, Jacobs, Behrel, Harm, Auck, Prickett, Dahl, Blume, Davis and McKay. Nays: None. The Mayor declared the motion carried. 156 6-7-54 OPEN BIDS ON AUDIT. On motion by Alderman Behrel and seconded b instructed to open the bids on audit. Bids were received from E Associates and A. Weiner and Company. The Mayor referred the t Committee and after reconvening the motion was made by Alderman by Auck to award the bid to E. F. Laurin and Associates. On mot Behrel and seconded by Jacobs the Clerk was instructed to place seven days for inspection. y Auck the Clerk was . F. Laurin and ids to the Finance Behrel and seconded ion by Alderman the bids on file for The Clerk read a letter from Alderman Prickett regarding his attending a meeting called by the Middle States Telephone Company regarding national dialing. The Clerk read a letter from the Library Board regarding the holding of a meeting of their Board and the City Council on taking steps to provide additional library space. The Mayor requested Alderman Wolf to contact the Library Board about a date for a meeting. SCHOOL RESOLUTION IN FAVOR OF REROUTING ALGONQUIN ROAD. The Clerk read a copy of a resolution from School District No. 62 approving the rerouting 6f Algonquin Road. The Mayor ordered the resolution placed on file. On request of Alderman Davis the Mayor referred the im rovement of a park on South Golf Cul de Sac to the Street Committee. Alderman Mc1ay suggested that on a complaint he had received, that Alderman Jacobs and Schallawitz check on the property at the northeast corner of Algonquin and Wolf Road regarding bus, taxicab and animal. PETITION FOR SIDEWALKS OAKTON STREET. Alderman Dahl presented a petition from South School Parent Teacher Association regarding sidewalks should be installed on the south side of Oakton Street. The motion was made by Alderman Wolf and seconded by Hansen to put cinders where sidewalks are needed. After discussion, Supelintendent Warnicke and Engineer Fletbher are to report nn the property without sidewalks. The Clerk was instructed to write to the State Highway traffic count at Wolf and Golf Roads, also Wolf and Thacker. On motion by Alderman Behrel and seconded by Prickett draft an ordinance that a sidewalk is required where there is a issued. Department for a he Attorney is to building permit The following appointments by the Mayor were approved upon motion by Alderman Dahl and seconded by Hansen. Architectural Commission, Rudolph Schaefer; Civil Defense Commission, E. F. Murphy; Fire & Police Commission, H. J. Ahbe; Library Board, Mr. Wm. Kunkel, 2 year term; G. Rudiger, E. Schalk and .Phillip 'aulson, 5 year term; Trustee Police Pension Fund, W. Oehler; School Patrol Commission, Mrs. Naomi Eastland; Traffic Comm., A. S. Ammerman; Zoning Board, G. Eichner. Alderman Blume reported a bad sewer condition in the 1800 block Des Plaines Avenue. Mm% Willer, Health Officer, is to notify the owner to connect with sewer. On motion by Alderman Tures and seconded by Prickett on recommendation of City Clerk, the City Attorney is to amend the ordinance increasing Water Deposit of residential renters from $5.00 to $10.00. ADJOURNMENT. The motion was made by Alderman Schubert and seconded by Blume to adjourn to 8:00 P.M., Monday, June 14, 1954. The motion was voted upon by acclamation where- upon the Mayor declared the motion carried. 1 1