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02/06/1956324 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PIA INES, ILLINOIS, HELD IN THE COUNCIL ROOM, CITY HAIL, FEBRUARY 6 19564 AT 8:00 P.M. CALL TO ORDER. The meeting was called to order by Mayor Kennet G. Meyer who presided with Alderman Prickett, Tistle, Bell, McKay, Davis, Schubert, Tures, Neff, WeAler, Martin and Behrel responding to roll call. APPROVAL OF MINUTES. The motion was made by Alderman Prickett and seconded by Behrel to approve the minutes of January 16, 1956. The motion was voted upon by acclamation. OFE ICTAL REPORTS. The Clerk submitted the monthly reports of Clerk and Building Commissioner. Also the Clerk's, Superintendent of Public Works and Engineer' Fletcher's Annual Reports. Also the Annual Library Report. Aldermen Nelsen and Wolf appeared at this time. OPEN BIDS ON GARBAGE AND STREET TRUCKS AND MIST SPRAYER. On motion by Alderman Schubert and second by Martin the Clerk opened the bids on trucks and sprayer. After all bids were opened, on motion by Alderman Nelsen and second by Bell the bids on garbage truck was referred to Sanitation and Finance Committees and'bids on truck and sprayer to the Streets and Finance Committee with Superintendaht of Public Works. Alderman Schubert reported the following regarding the rezoning at Rand and Soo Line: That the Zoning Board approved of the change in zoning and that there were no objectors. The Municipal Development Committee recommend that the recommendation of the Zoning Board be approved and that the petition to annex to the City be granted. On motion by Alderman Schubert and second by Prickett the Council concurred in the report. Alderman Schubert made the motion which was seconded by Tistle that the Council file suit against Cook County Board zoning of property on the Northast corner of Lee and Oakton. After discussion on voice vote the motion was lost. On suggestion of Alderman Schubert the Council is to meet as a Committee of the Whole to discuss the land uses regarding City Plan. On motion by Alderman Wexler and second by Bell the Mayor appointed the following Committee to discuss the rezoning of North East corner Lee and Oakton Streets: Alderman Wexler, Schubert, Neff, McKay and Bell. APPROVE SEPTIC TANK AT NORTHEAST CORNER CRESCENT LANE AND MT. (PROSPECT ROAD - OWNER GEORGE BURGESS. On motion by Alderman Martin and second by Tistle the Council approved the installation of prifate sewer at the above address. On motion by Alderman Martin and second by Schubert the Council referred the rezoning application at Wolf and Oakton to the Zoning Board. DRIVEWAY SEEGERS AND WOLF ROAD. Alderman Martin requested the riveway application for service station at Seegers and Wolf Road be referred to ttie Street Committee. Alderman Martin reported in the future driveway permits will be referred to Street Committee. On motion by Alderman Neff and second by McKay the Zoning Code will be sold for one dollar. LEE STREET UNDERPASS. AlderMan Prickett reported that the Safety Council recommended to keep the lee Street underpass open and the Street Committee recommends to keep it open but the City take over the maintenance. On motion by Alderman Prickett and second by Tures the Council concurred in the report. WALGREE N PARKING. On motion by Alderman Prickett and second by Behrel the Council concurred in the report that the Clerk write Walgreen Drug Store that they must handle their deliveries same as other concerns, that the City cannot allow the meter hoods to one store. STREET PARKING ORDINANCE. The Clerk presented the Street Parkiing Ordinance and the motion was made by..Alderman Prickett and seconded by Behrel to adopt same. After discussion the ordinance was referred back to the Street Committee for some change in parking. 1 2-6-56 TO APPOINT TWO POLICEMEN. On motion by Alderman McKay and second by Schubert the Council approved that the Tire and Police Commissioners certify two policemen from the eligibility list. MIA ASSESSMENT BONDS NO. 164. On motion by Alderman Behrel and second by Wexler the Council concurred in the report to approve the passage of ordinance, authorizing payment of bonds in numerical order covering Special Assessment No. 164. APPROVAL OF BILLS. Total $32,999.46. Alderman Behrel presented the following 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. (A schedule of bills placed before each Alderman, affixed to resolution and on file with City Clerk.) The motion was made by Alderman Behrel and seconded by Tures to adopt the resolution. Alderman Behrel requested the Fire Insurance bill on new fire station $469.42 and fuel oil bill $804.27 be held out. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Prickett, Tistle, Nelsen, Bell,McKay, Davis, Schubert, Tures, Wolf, Neff, Wexler, Martin and Behrel. Nays: None. The Mayor declared the motion carried. c2 1 COMMERCIAL REZONING Y.M.C.A. LOT 26 & 27 CUMBERLAND WEST, AND LOEWENBERG & LOEWENBFRG PROPERTY ON NORTHWEST HIGHWAY. The Clerk read the recommendation of the Zoning Board to rezone to Commercial the above property. On motion by Alderman Schubert and second by Martin the Council concurred in the recommendation and the Attorney to draft an ordinance. REJECT REZONING TO COMMERCIAL THE SOUTHEAST CORNER DEAN AND ALGONQUIN ROAD. The Clerk read the recommendation of the Zoning Board rejecting to rezone to Commercial the above property. On motion by Alderman McKay and second by Nelsen the Council concurred in the recommendation. RAMS -HEAD COMPANY CASE -ATTORNEY HOWARD REPORT. The Clerk read the following report: I wish to report to you that I appeared before His Honor, Judge Harry Fisher, this morning, January 24, 1956, and argued my objections to the report of Master in Chancery Sheppard in the case of -Rams -Head Company v. Des Plaines. This is the property on Graceland Avenue, south of Thacker Street, which the company sought to rezone for industrial purposes. Master in Chancery Sheppard found all the issues in favor of the plaintiff, the Rams -Head Company, and against the City of Des Plaines. I prepared lengthy and detailed objections to these findings which were overruled by the Master. I am pleased to report, however, that this morning on a full argument of the case before Judge Fisher he overruled the Master, sustained my objections to the Master's report, found for the City of Des Plaines and dismissed this case for want of equity. In view of the very extensive and vigorous findings of the Master, who ruled all the way through against the City's contentions, I feel that we have scored a notable victory. Plaintiff in this matter was quite taken by surprise and disappointment and, I believe, intends to prosecute an appeal in this case to the Supreme Court. I will keep you advised of any moves to take an appeal. In the meantime we can consider the matter closed and a substantial victory scored for the City of Des Plaines. (Signed) Marshall S. Howard IIIThe letter was ordered placed on file. 326 2-6-56 ADOPT ORDINANCE PAYMENT OF SPECIAL ASSESSMENT 3/ 164 BONDS. The Clerk read for second reading the following ordinance entitled: AN ORDINANCE REGARDING THE PAYMENT OF BONDS ISSUED TO ANTICIPATE THE COLLECTION OF DES PLAINES SPECIAL ASSESS- MENT # 164. The motion was made by Alderman Behrel and seconded by Prickett to adopt the ordinance. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Prickett, Tistle, Nelsen, Bell, McKay, Davis, Schubert, Tures, Wolf, Neff, Wexler, Martin and Behrel. Nays:, No0e. The Mayor declared the motion carried. NOT TO EXTEND HOWARD STREET. The Clerk read a letter from the President of the Iroquois Civic Association and Chairman of the South School P.T.A. objecting to the continuation of Howard Street from White to Mannheim Road. On motion by Alderman Nelsen and second by Bell the Council approved to rescind the motion and instruct the City Engineer not to apply for Motor Fuel Tax Funds for the extension. ANNEXATION ORDINANCE RAND ROAD AND SOO LINE. The Clerk read for ordinance property at Rand and Soo Line. The Mayor ordered the file for second reading. first reading the ordinance placed on ZONING ORDINANCE RAND AND S00 LINE. The Clerk read for first reading the zoning ordinance for property at Rand and Soo Line. The Mayor ordered the ordinance placed on file for second reading. DRIVEWAY RAND AND GRACE LAND. On motion by Alderman Martin and second by Neff the Council approved permit be granted for driveway for service station at Rand and Graceland. CITY ATTORNEY ORDINANCE. The Mayor referred to two ordinances for City Attorney to a special committee with Alderman Wexler, Chairman, Martin, Schubert and Behrel. FIRST READING ANNEXATION ORDINANCE OF A LOT AT DEXTER ACRES. The Clerk read for first reading annexation ordinance of a lot at Dexter Acres which is surrounded by the City. The Mayor ordered the ordinance placed on file for second reading. SAFETY COUNCIL LETTER ON 40 M.P.H. SIGN ON DES PLAINES AVENUE NEAR TOUHY. The Clerk read a letter from Safety Council regarding a 40 M.P.H. sign south of Howard on Des Plaines which they recommend that should be replaced with a 35 M.P.H. sign. The Clerk was instructed to write and inform them the State Highway Department refused to make that change last year. PETITION FOR ANNEXATION OF ORCHARD ESTATES. The Mayor referred the petition to the Municipal Development Committee to annex Orchard Estates. ZONING VARIATION 50 FOOT LOT FRONTAGE 1288 VAN BUREN. The Clerkinformed the Council he had an application for zoning variation at 1288 Van Buren to allow two lots from three lots, total 89 feet. On motion by Alderman Martin and second by Prickett to refer to Zoning Board. ZONING VARIATION5050 FOOT FRONTAGE 665 GREENV IEW. The Clerk read a zoning variation application at 665 Greenview on a 43 foot 7 inch lot. On motion by Alderman Schubert and second by Behrel the Council referred the application to the Zoning Board. REZONING APPLICATION AT TOUHY AND DES PLAINES AVENUE. The Clerk read an application for rezoning to Commercial for shopping district at Touhy and Des Plaines Avenue. On motion by Alderman Martin and second by Prickett the application was referred to the Zoning Board. PLAT OF 0. W. BLUME SUBDIVISION NO. 2. The Clerk informed the Council he had a plat approved by Plan Commission and read a letter from Plan Commission about certain variations. On motion by Alderman Wolf and second by Tures the plat;was referred to the Municipal Development Committee. F. W. VASTERLING LEASE. The Mayor referred the renewal of Vasterling lease to Public Building and Grounds Committee. 1 c I Q 2-6-56 TOWN & COUNTRY TRAILER HOMES SEWER. On motion by Alderman Tistle and second by Neff 7i the Council instructed the Clerk to write to Trailer Homes, if sewer was not connected, the the City would cancel contract on sewer rental in sixty days. SALES TAX. On suggestion of Alderman Wexler the Mayor referred to the Finance Committee the investigation regarding City need of sales tax. Alderman Prickett read a letter from Safety Council about mail truck double parking at Lee and Algonquin. On motion by Alderman Prickett and second by Schubert the letter was referred to Street Committee. MAYOR APPOINTS COMMITTEES FOR BALANCE OF TERM, APRIL 30, 1957. On motion by Alderman Prickett and second by Schubert the Council approved the Mayor's appointment of Committees to end of his term of office. ADJOURNMENT. The motion was made by Alderman Wolf and seconded by Martin to adjourn. The motion was voted upon by acclamation • COUNCIL COMMITTEES Otto W. City Cle`k Henrich Q FINANCE BEHREL, McKay, Bell, Martin MUNICIPAL DEVELOPMENT - SCHUBERT, Behrel, Dunlap POLICE - I�I�c AY, Tistle, Tures FIRE -<. PRICKETT, Bell, Wexler BUILDING AND GROUNDS - DAVIS, Tistle, Nelsen LICENSE AND INSPECTION - MARTIN, Davis, Neff SANITATION - DUNLAP, McKay, Schubert STREETS AND TRAFFIC BELL, Martin, Wolf WATER TURES, Schubert, Tistle SEWERS - WEXLER, Wolf, Nelsen BLDG. CONTROL & INSPECTION - WOLF, Prickett, Wexler PARKING LOTS NELSEN, Tures, Prickett CITY CODE - NEFF, Wexler, Schubert, Behrel ELM TREE DISEASE - DUNLAP, Davis, Neff LIBRARY COMMITTEE - McKAY, Prickett, Martin BD. OF LOCAL IMPROVEMENTS - MEYER, McKay, Bell, Tures, Wolf