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07/05/19552o6 6-20-55 MAYOR'S APPOINTMENTS CONFIRMED. The Council, on motion by Alde an Schubert and seconded by Prickett, approved the following appointments: Architectural Commission Fire and Police Coirmiission Health Board Library Board Plan Commission Trustee Police Pension Fund School Patrol Commission Traffic Commission Zoning Board - E. Swedberg - Standley Redmer - Mrs. Theo. Schrayer, Mrs. Elsie Willer, Dr. Henry Heller, Dr. Phillip Heller,Dr. R. Es Sorenson Mrs. Eric Church, Mrs. Lucille Scholl, Mrs. 'Lawrence Wick, Wm. Burfisher - Wm. T. Anderson - Walter Merriam - Mrs. Margaret Gustafso - Percy Baines, Eric Hansen - Arthur L. King TREASURER L. C. BARRETT RESIGNS. The Mayor read the letter of resignation of L. C. Barrett as City Treasurer. On motion by Alderman Wolf and seconded by Davis the resignation was accepted. At request of Alderman Martin, the Mayor referred the item regarding having stop signs placed on First Avenue at Woodlawn to the Traffic Commissson. ADJOURNMENT. The motion was made by Alderman Tures and seconded The motion was voted upon by acclamation and the Mayor declared by -Schubert to adjourn. the motion carried. Otto W. J. Henrich City Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN THE COUNCIL ROOM, CITY HALL, JULY 5,1955, AT 8:00 P.M. CALL TO ORDER. The meeting was called to order by Otto W. J. Henrich, City Clerk, due to absence of the Mayor, with Alderman Neff, Wexler, Martin, Behrel, Tistle,'Nelsen, McKay, Davis, Schubert, Dunlap and Tures responding to roll call. Alderman Prickett and Wolf were absent. The motion was made by Alderman McKay and seconded by Schubert to appoint Alderman Tures Chairman pro tem. The motion was voted upon by acclamation and the motion carried. APPROVAL OF MINUTES. The motion was made by Alderman Behrel and seconded by Tistle toa� pprove the minutes of June 20, 1955. Alderman McKay re- quested to change the amount to 02,500 on appropriation for spraying, to record "Nay" vote on First Five Chapter Ordinance which was Alderman Tures, Wolf, Behrel, Tistle, Davis and. Schubert. Alderman Neff,informed the Council a Mr. L. E. Zanzie of Palatine would like to present a plan for a mosquito abatement district. After discussion he was told to inform Alderman Dunlap about a meeting. OFFICIAL REPORTS. The Clerk submitted the reports of City Clerk, Build- ing Commissioner and Officer Blume's on awnings. The Clerk read the following reports (two) of Attotney Howard: Gentlemen: I wish to report that motions were made, by the attorney for the Plaintiff in the three zoning suits involving, respectively, the Eckhardt property on Des Plaines Avenue, the Ram's Head property on Graceland, and the Bauske acreage on the south side, to have all of said cases set for trial. The Bautke and Ram'.s Head cases were referred to Albert Sheppard and I presume hearings on these case sometime Auring the summer. Master in Chancery, will commence 257 7-5-55 ATTORNEY HOWARD'S REPORTS: (Cont'd.) The Eckhardt case was continued in general to be set by agreement of the lawyers on both sides at their mutual convenience. There has been no action on the Treveiler case involving the property on Wolf, Golf and Seeger's Road. Pursuant to the Council's request at the last meeting, I also contacted the criminal division of the State's Attorney's office with reference to -the appeal to the Criminal Court taken from our P©lice Magistrate, Judge Sengstock. This case was not tried on June 30th, because there was no Judge available to hear the case. No date has been set for trial, but I have assured the State's Attorney of our cooperEition and he will keep me advised of developments. Marshall S. Howard (Signed) GENTLEMEN: LC C.) There has been referred to me the question of planning of some kind of ordinance restriction which would limit the number of gasolene ser- vice stations in the town. 1 1 Numerous municipalities require owners of adjoining property which fronts on and around the gasolene station site to consent in writing before a permit may be issued. Frontage consent ordinances, for the most part, have been held illegal by Illinois Supreme Court. It is none the less true that most municipalities have them. Other towns restrict. locations of such projects within a certain number of feet of churches, schools, hospitals and other public buildings. In the City of Des Plaines, for instance, we passed an ordinance in 1938 prohibiting the erection of any service stations or motor fuel storage tanks within 350 yards of a church or school, 750 yards of a railroad station, freight depot or storage warehouse, and 1,000 yards of the location' of any existing service station or existing gasolene storage tank. It is my personal opinion that the imposition of such substantial distances would be considered unreasonable and an ordinance of this kind held by the courts to be void. You will note the ordinance prohibits the location of stations within 1,000 yards of another - 1,000 yards is well over one-half mile, and the passage of an ordinance like this would practically amount to gxiibiting of any more service stations in the City of Des Plaines. In my opinion the City has no right, except where fire hazards are concerned, to limit gasolene service stations. Our sole basis for restricting these lies in the existence of -a potential fire hazard and a valid restriction would have to be keyed to the existence of such fire hazard. Our previous frontage consent ordinance was repealed in 1947. Our previous ordinance of 1938 setting forth the above limitations was amended in 1952, changing the distance to 100 feet. In other words, no service station may be constructed close to 100 feet of a church, school, warehouse or existing service station. In view of the number of different ways in which restrictive ordin- ances could be passed and in view of the court limitations on certain type of restrictive ordinances and in view of the past conflict on our own, I would recommend that the entire problem be first referred to a committee with which I would be glad to meet and confer and when the committee has determined on the type of restriction to be recommended, I would be glad to prepare the ordinance. Marshall S. Howard (Signed) The report on service stations was referred to Building Control and Inspection. 258 7-5-55 The Clerk read the following letter of Plan Commission: Municipal Development Committee THE CITY OF DES PLAINES Des Plaines, Illinois Attention: Mr. Dana Schubert, Chairman Dear Sir: The Plan Commission requests a meeting with your committee relative to the discussion of the proposed boundaries of Des Plaines and Park Ridge. The Des Plaines and Park Ridge Plan Commissions hell a meeting recently and a subsequent meeting was held between the City Planners of both Des Plaines and Park Ridge for further discussions. We now have a proposal submitted to us by the Park Ridge City Planner; therefore, it is the purpose of this meeting to discuss this question. Very truly yours, DES PLAINES PLAN COMMISSION E. C. Knocke (Signed) P. R. Giardini H. M. Reeves C. J. Chamales, City Planner The letter wqs referred to the Municipal Development Committee. The Clerk read the following letter of Plan Comm Parking Lots and Meters Committee THE CITY OF DES PLAINES Des Plaines, Illinois Attention: Mr. S. Wexler, Chairman Dear Sir: ission: As requested, during our regular meeting of June 30th, the Plan Com- mission discussed the question of the elimination of the grass area along the railroad in_the center of town, from Graceland Avenue to Pearson Street, which is under consideration for parking area. The Plan Commission together faith the City Planner was of an unanimous opinion that this area should not be disturbed as its is the "front yard" of the City of Des Plaines and a definite asst to the beautifi- cation of our City. We request, therefore, that your committee give very serious consider- ation to the opinion of the Plan Commission. Very truly yours, THE DES PLAINES PLAN COMMISSION E. C. Knocke (Signed) H. M. Reeves P. R. Giardini C. J. Chamales, City Planner The letter was referred to the Parkirng Meter Committee. OPEN BIDS ON PAVEMENT OF GRACELAND AND FIRST AVENUES. On motion by Alderman Behrel and seconded by Tistle the Clerk wad instructed to open the bids on paving First and Graceland Avenues. The following bids were received: Rock Road Construction Company 60,206.25, Milburn Brothers 55,463.25 259 7-5-55 SPEN BIDS ON PAVEMENT OF GRACELA1D AND FIRST AVENUES (Cont'd.) On motion by Alderman Dunlap and seconded by Schubert the bids were re- ferred to'the`City Engineer, Street and Finance Committees. k recess was declared and after reconvening the motion was made by Alderman McKay and seconded by Behrel to award the bid to Milburn Brothers and bids be placed on file seven days in City Clerk's office. The Chairman pro tem put the question and the Clerk called the roll with the follow- ing result: Ayes: Alderman Neff, Wexler, Martin, Behrel, Tistle, McKay, Davis,` Schubert,. Dunlap and Tures. Nays: Alderman Nelsen. The motion was carried. Alderman Dunlap made a verbal report on mosquito spraying. The motion was made by Alderman Dunlap and seconded by Martin that the Mayor and Clerk be authorized to pay $2,500.00 to Clark Outdoor Spraying Company and agreement be placed on file seven days. The Chairman pro tem put the question and the Clerk called the roll with the following result: Ayes: Alderman Neff, Wexler, Martin, Behrel, Tistle, Nelsen, McKay, Davis, Schubert, Dunlap and Tures. Nays: None. The motion was carried.. .SIDEWALKS IN EDGEBROOK SUBDIVISION. Alderman Schubert read the follow- ing report: .Your Committee on Municipal Development has investigated the above and found: 1. That the Plan Commission has considered the matter and recommend that sidewalks not be required in the subject subdivision; and 2. That the subdivision plat as presented to the Council showed most of the lots to be less than 20,000 sq. ft.,- and that this plat was never signed by the Mayor and City Clerk and therefore never of- ficially approved; that the City Ordinances at present require a minimum area of 20,000 sq. ft. per lot for the installation of a septic tank. We, your Committee on Municipal Development, therefore recommend: 1. That the subdivider should not be required to install sidewalks. 2. Your Committee therefore recommends that the subdivider be re- quired to show sanitary and storm sewers on the Engineer Plans and that he be required to post a performance bond for the in- stallation of the sewers as required by Chap. 7 of the City Ordineinces. Dana T. Schubert Signed)_ H. H. Behrel Signed) Robert M. Dunlap (Signed) The motion was made by Alderman Schubert and seconded by Behrel to concur in the report on sidewalks. After discussion the motion and second were withdrafrn •to take up the septic tank item. The motion was then made by Alderman Schubert and seconded by Dunlap that the sub- divider be required to show sanitary and storm sewers bn Engiheee's�,� plans and that he be required -to post a performance bond for the in- stallation of the sewers as required by Chapter 7 of the City Ordi- nace. Before roll call Alderman Dunlap.was allowed to leave the meeting. The Chairman pro tem put the question and the Clerk called the roll with the following result: Ayes: Alderman Neff, Martin, Behrel, Tistle, Nelsen, Schubert and Tures. Nays: Alderman Wexler, McKay and Davis. The motion was declared carried. AWARD BIDS ON FIRE STATION. The motion was made by Alderman Davis and seconded by Martin to award the bids on the following items and place on file seven days: Nick Pierre Excavation e SP 1,500.00 Person Construction Co. Concrete,Carpentry, and Masonry 39,900.00 Hamilton Glass Co. Glass 2,545.00 Anning Johnson Acoustics . 880.00 Rosman Iron Works Steel & Orn. Iron 1,900.00 Ceco Metal Windows & Doors Aluminum Windows 1,500.00 260 7-5-55 AWARD BIDS ON FIRE STATION. (Conttd.). Better Roofing Rodfing Schwartz and Son Sheet Metal Prybil Plumbing Co. Plumbing Galleher & Speck Heating Johnson Electric Electrical Custom Tile Corp. Floors Bell Better Deco. Co. Painting 1,545.00 876.00 7,014.00 10,740.00 3,900.00 770.00 1,572.00 4 74,642.00 The Chairman pro tem put the question and the Clerk palled the rol]. with the following result: Ayes: Alderman Neff, Wexler, ;'?artin, Behrel, Tistle, Nelsen, McKay, Schubert, Tures and Davis. Nays: None. The motion was declared carried. TO ADVERTISE BIDS FOR ADDITION TO OLD FIRE STATION. by Alderman Davis and seconded by Behrel to advertis addition to old fire station to be in August 1, 1955 voted upon by acclamation. The motion was made contractor bids on The motion was Alderman Nelsen reported that City Employee was pepairing garage building. He also reported the Des Plaines Welfare were ordered to move and would like space in City building. He reported there may be space in the Warehouse or in new fire station. The Chairman pro tem appointed a special Committee with Alderman Nelsen, Chairman, with Martin and Davis, to investigate.. On motion by Alderman Martin and seconded by Schubert the Clerk was instructed to write to the Executone Company to place the speaker system for proper use. Alderman Neff reported she was working on service station ordinance and would have same by next meeting. PARK VACATION CAMBRIDGE ROAD. Alderman McKay reported on park vacation that it recommended by the Council sitting as a W.iole that no action be taken regarding the vacation of the pxoperty showy on plat. On motion by McKay and seconded by Martin the Council concurred in the report. ALDERMAN MCKAY REPORTED THE FOLLOWING ON DRIVEWAY FO NEW SERVICE BA ID 3 0 MINER STREET. That the plan as submitted is not accept- able to the City and it is the recommendation of the Committee that it be suggested that two 35 foot driveways be shown entering on Miner Street. The State approval should be acquired. On motion by Alderman Martin and seconded by McKay the report was concurred in. CONSOER TOWNSEND AND ASSOCIATED LETTER. Alderman McKay inquired about the report and the Clerk read the following letter: We wish to ackowledge receipt of your letter of 3une.8, 1955 in connection with the study and report of Weller Creek through the City of Des Plaines. VJe appreciate the lapse of time which has taken iplace since we were originally retained to perform this service for the City, and wish to advise you that we have also been retained by the Villages of Mt. Prospect and Arlington Heights to make a similar, study and report on what could be done to eliminate the severe flooding conditions in those Villages, as well as the City of Des Plaines. The study undertaken by us has been extrememly difficult because of the complexity brought about by interests of three separate municipal- ities. Surveys on this project were started at Central Road; at the out- fall of the Arlington Heights Sewage Treatment Plant, and conducted through the entire Village of Mt. Prospect and Des Plaines to Weller 1 281 7=5-55 CONSOER TO'NSEND & ASSOCIATES LETTER. (Contld.) Creekls termination at the. Des Plaines River. Correlation of the data obtained in the field and the formulation of recommendations has been made; the latter, of course, being the most difficult single item in this entire study. We have contacted the State Division of Highways in connection with the culvert passing beneath Northwest Highway in order to determine - whether or not aid could be -obtained in the financing of this project. The report, as it stands today, has been prepared in rough draft form and is presently in the hands of one of the Partners for final checking. You can rest assured that as soon as practicable this report will be put in final form and forwarded to not only the City of Des Plaines but to Arlington Heights and Mt. Prospect as well. It is our considered opinion that because this situation is so im- portant to all three municipalities only one report should be prepared, because in order to bring about a solution it will be necessary to main- tain close coordination among municipalities involved. et We suggest that as soon as the report has been made available to all gg P three communities, a joint meeting be held so that the various phases of Q the recommendation may be discussed in detail. You may certainly count on a member of this organization to be present at this or any subsequent meetings to discuss the elimination of this particularly difficult problem. 1 Very truly yours, CONSOER,TOWNSEND & ASSOCIATES William W. Townsend (Signed) The letter to be placed on file. Alderman Martin reported he had contacted the Park Commissioners regarding a place for flying power planes. That Butler Brothers have offered the use of the south 30 acres, northwest corner of Wolf and Howard Streets for model plane flying and archery. Area to be main- tained by City Public Works with cooperation of Park District. Sign to be. erected to show area available after 6 P.M., after 12 noon on Sunday, and all day Saturdays and holidays. Alderman Neff and McKay said they would vote approval with understanding if it interfered with Church service on Sundaysthe time of use be changed. On motion by Alderman Martin and seconded by Tistle the report was concurred in. PARKING METER REPORT. Alderman Wexler read the following teport: Your committee on parking meters has investigated the petition referred to it and has found the following: 1. That there is a city parking meter ordinance that provided for meter operations Monday through Saturday from 9:00 A.M. to 6:00 P.M., and from 6:00 P.M. to 9:00 P.M. on Monday evening. 2. That there is no strict police enforcement of parking meters on Monday night. 3. That Miner Street merchants are concerned over the lack of Municipal parking space made available to their customers as compared to' the park- ing facilities south of Ellinwood. 4. That the City of Des Plaines is in need of additional parking facil- ities to accommodate its residents who shop in the downtown area. 5. That since the passage of the parking meter ordinance a substantial number of downtown merchants have kept their stores open on Friday evenings. 6. That the Chicago and North Western Railway has expressed an interest -in leasing certain land to the city for parking lot purposes. 262 7-5-55 PARKING METER REPORT. (Cont'd..) Your committee, therefore,.advises the following: 1. That the operation of parking meters on Sundays other than Monday and Friday nights would not result to the community. nd on weekday nights in any real benefit 2. That the parking meter ordinance be amended to include meter operation from 5:00 P.M. to 9:00 P.M. on Friday night. 3. That the Chief of Police be instructed to enforcr the ordinance on the nights of operation. g 4. That this committee negotiate with,:: the Chicago and North Western Railway for the leasing of railroad property on both sides of the rail- road track between Lee and Graceland the between Pearson and Des Plaines Avenues. • On motion by Alderman Wexler and seconded by Neff the Council concurred in recommendation No. 1. On motion by Alderman Wexler and seconded by Neff the Council concurred in recommendation No. 2., and Attorney to draft ordinance. The motion was made by Alderman Wexler and seconded by Neff that the Parking Meter Committee negotiate with the Chicago and North Western Railway for the leasing of railroad property on both sides of the railroad track between Pearson and Des Plaines Avenue, but the Attorney first check Parking Revenue Ordinance. The Chairman pro tem put the question and the Clerk called the roll with the following result: Ayes: Alderman Neff, Wexler, Martin, Tistle, Nelsen, McKay and Tures. Nays: Alderman Behrel, Davis and Schubert. The motion was declared carried. TO ADVERTISE FOR THREE AUTOS WATER DEPARTMENT. On mo ion by Alderman Tures and seconded by Behrel the Council approved to advertise bids fbr one pickup truck ' ton, one sedan delivery truck and one 5 passenger sedan for Water Department. APPROVAL OF BILLS. Alderman Behrel presented the following resolution: BE IT RESOLVE BY THE CITY COUNCIL OF THE CITY O DES PLAINES, THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND HEREBY AUTHOR, IZED TO MAKE PAYMENT FOR SAME. (A schedule of bills placed before each Alderman and affixed to resolu- tion and on file with City Clerk.) Total - $4,400.85. The motion was made by Alderman Behrel and seconded by Wexler to adopt the resolution. The Chairman pro tem put the question and the Clerk called the roll with the follwoing result: Ayes: Alderman Neff, Wexler, Martin, Behrel, Tistle, Nelsen, McKay,, Davis and Tures. Nays: None. The motion was declared carried. LAURIN AND ASSOCIATES LETTER, Alderman Behrel read a letter from Mr. Laurin in which it stated the increase in City activities,. That they would audit for the one year at $2,800.00 which had !eenTreviously approved. The motion was made by Alderman Martin and seconded py McKay to adopt the Official Plan Map ordinance. After discussion, the Chairman pro tem put the question and the Clerk called the roll with the following result: Ayes: Alderman Wexler, Martin, Tistle, Nelsen and McKay. Nays: Alderman Neff, Behrel, Davis, Schubert and Tures. The motion was declared lost. FIRST READING ORDINANCE AMENDING CHAPTER 7 CITY CODE REQUIREMENT FOR 'THE IMPROVEMENT OF ROADWAYS. The Clerk read for firs reading the above ordinance. The ordinance to be placed on file for; second reading. ZONING APPLICATION MR. DITJUCCI (RAND ROAD.) The Clerk read an appli- cation for rezoning on Rand Road east of Mt. Prospect Road, Dimrnucci Subdivision. On motion by Alderman Schubert and seconded by Behrel the application was referred to the Zoning Board of Appeals sitting as a Commission to call a hearing. 263 7-5-55 ZONING APPLICATION NORTHWEST HIGHWAY AND CAEBRIDGE ROAD. The Clerk read e, rezoning application of H. M. Cornell Lots 13 thru 22, Block 7, Cumber- land. On motion by Alderman Schubert and seconded by Behrel the applica- tion was referred to the Zoning Board of Appeals sitting as a Commission to call a hearing. PARKING LOT ON CENTER STREET. The Clerk read a letter from the owner, Mr. R. L. Schuler, of part of parking lot on Center Street, that effect- ive July 1, 1955 the license expires. POLICE RESERVE LETTER. The Clerk read the following letter: Chief o•f Police Mayor of Des Plaines City Council The Des Plaines Police Reserve respectfully request your approval of the following amendment to our by-laws: No elected Official of the City of Des Plaines, County of Cook, or State of Illinois shall be eligible for membership in this organization. Very truly yours, DES PLAINES POLICE RESERVE Ernest Spyrison (Signed) Captain The letter was referred to the Police Committee. The City Clerk reported of complaint by R. G. Heinkel, 680 Lee Street, that the Thompson Television Service, 1653 Forest Avenue, was operatinig in residential area. The complaint was referred to Police Chief. Alderman McKay requested that the City Clerk write Chicago and Northwestern Railway about the crossing on Golf Road west of Wolf Road being in need of repair. ADJOURNMENT. The motion was made by Alderman Schubert and seconded by Tistle that the Council adjourn to Monday, July 11, 1955, at 8:00 P.M. 1 o J. Henrich Cit �Cl,erk P.10 t MINUTES OF THE .._�:t • MEETING OF THE CITY COUNCIL, DES PINES, ILLINOIS, HELD IN THE COUNCIL 00M, CITY HALL, JULY 11, 1955, AT 8:00 P.M. CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer who presided with Alderman Neff, Wexler, Martin, Behrel, Tistle, Nelsen, McKay, Schubert, Dunlap, Tures and Wolf. Alderman Davis and Prickett were absent. The Mayor informed the. Council that the meeting was to take up the Official Plan Map ordinance. The motion to adopt had been votedc;down last meeting. After discussion •the motion was made by Alderman Wolf and seconded by Neff that a meeting be held by the Aldermen objecting and Chief Kolze with the Plan Commission to report back August 1, 1955. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Neff, Behrel, Tistle, Nelsen, Dunlap, Tures and Wolf. Nays: Alderman Wexler, Martin, McKay and Schubert. The Mayor declared the motion carried. OFFICIAL PLAN ORDINANCE INPROVEMENT OF ROADWAYS. The Clerk read for second reading the Improvement of Roadways Ordinance. The motion was made by Alderman Wolf and seconded by Tures to adopt the ordinance. The motion and second was withdrawn after Alderman Neff requested information from Engineer Fletcher who was absent. The Mayor referred the ordinance to next meeting. The Clerk informed the Council the Zoning Board of Appeals had granted the variation for Water Tower land.