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05/07/1956g) QJ, THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN COUNCIL ROOM, MAY 7, 1956, AT 8:00 P.M. CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer with Alderman Bell, McKay, Schubert, Dunlap, Tures, Wolf, Neff, Wexler, Martin, Behrel, Prickett and Tistle responding to roll call. Alderman Davis and Nelson were absent. APPROVAL OF MINUTES. The motion was made by Alderman Tistle and seconded by Prickett to approve the minutes of the adjourned meeting, April $, 1956, of the regular meetingy - April 16. Alderman Dunlap requested the following addition to the April 16th minutes: Letter received from Forest Preserve District requiting completion of 1951 agreement to fill old Burrow Dump. Necessary steps to comply, including purchase of black dirt, will be taken. Orchard Place garbage pickup.- no additional equipment believed necessary to handle. One additional man, plus re -scheduling of some routes expected to do the job at this time. Caterpiller tractor and dump truck requires repairs. Elm Tree Committee: Tree trimming program making good progress on largest, tra oldest and most susceptible trees. Signs are in use where crew is at work, placed at each end of the block stating "Tree sanitation work being done by your City." Tree • spraying program also making good progress. Notices are mailed to residents several • days ahead of the date their street will be sprayed, to allow them to move cars on • date of spraying. Alderman McKay requested change from "recc nendation" to "plans and specifications" regarding prisoner's cell. Alderman McKay requested change on Library report. Alderman Tistle seconded the motion instead of Alderman Martin, and that the motion was to concur in the recom- mendation. The motion was then voted upon by acclamation. The Mayor informed the Council that Girl Scout Troop No. 2552 were in attendance with their leaders. OFFICIAL REPORTS. The City Clerk submitted the reports of City Treasurer, City Clerk and Building Commissioner for April. CITY ATTORNEY EIEY LETTER. The Clerk read the following letter: On April 23rd Arthur Rieck as Building Commissioner of the City of Des Plaines was served with summons in the matter of Crawford vs. Lewerenz, 55 S 4479. Mr. Rieck was added as an additional defendant to a suit already pending in the Superior Court of Cook County. Knowing that the City of Des Plaines was already defending its Building Commission- er in another suit brought against Mr. Rieck in his capacity as Building Commissioner which is being defended by Marshall Howard, I took the liberty of sending the complaint and summons to Mr. Howard to see if it was in any way similar in the legal problems involved. Mr. Howard has sent me a letter dated April 25 to the effect that the problems are substantially the same. I believe that the City in fairness to Mr. Rieck should handle the defense of this matter for him. I further believe inasmuch as Mr. Howard has already examined the law and is handling a similar case, namely Schloss vs. Ruck, 55 S 9847, it is to the advantage of the City to employ him to represent Mr. Rieck in this action. (Signed) /omen D. Eley The Mayor asked approval of Marshall Howard to be retained for this case. On motion by Alderman Martin and second by Schubert the Council approved the appointment. 358 5-7-56 Alderman Schubert reported the following on sign. ordinance: The Municipal Development Committee has investigated and has found that the present City Ordinance limiting the maximum area of a sign to 70 sq. ft. has been very effective in preent- ing the cluttering up of the City by large signs or billboards but that the City Council has granted permits for numerous signs above the maximum permitted area though there is no provision in the ordinance to allow this;: and that there is no limitation on the number of signs which can be erected on a single tract or lot. We, your Committee on Municipal Development, therefore recommend: That to best serve the best interests of the entire City; and to prevent the City Council from being requested to grant permits for oversize signs that the ordinance be amended to increase the size of permitted signs to a maximum area of 110 sqL ft. and that the total area of all signs on a single tract or lot shall not exceed an area of 110 sq. ft. (Signed) Dana T. Schubert (Signed) H. H., Behrel (Signed) Robert M. Dunlap Alderman 8ahubert then said the ordinance will be up for first business. reading under new Alderman Schubert reported of two County Zonings. Alderman Behrel is to be present May 10, 1956, at the meeting on rezoning at Howard and Lee Streets. JORDAN MANUFACTURING COMPANY DELINQUENT ON RENT PAYMENT. Alderman Tistle reported about Jordan Manufacturing Company being in arrears $1,300.00 on rent. On motion by Alderman Wolf and second by Bell the matter was referred to City'Attorney to take proper action. RESOLUTION MOTOR FUEL TAX FUNDS FOR MAINTENANCE OF STREETS. Alderman Bell presented a resolution for funds for maintenance of streets for the sum of $9,000.00. The motion was made by Alderman Bell and seconded by Martin to adopt the resolution. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Bell, McKay, Schubert, Dunlap, Tures, Wolf, Wexler, Martin, Behrel, Prickett and Tistle.. Nays: Alderman Neff. The Mayor declared the motion carried. Alderman Bell reported that the Street Committee recommended to remove the signs of "No Parking This Side" on Ashland Avenue on 125 feet east of alley west of Center Street. On motion by Alderman Bell and second by Wolf the Council concurred in the recommendation. VACATION OF OLD MANNHEIM ROAD APPROVED. Alderman Bell reported the Street Committee recommended to vacate the short strip of old Mannheim Road. On motion by Alderman Bell and second by Martin the Council concurred in the report. CITY CENSUS SIGNS TO BE MOVED. On request of Alderman Bell the Clerk was instructed to write State Highway Department to move the City Census signs to Devon Avenue on River Road and to Higgins Road on Mannheim. Clerk was instructed to write State Highway Department to install 35 M.P.H. signs on Touhy Avenue from River Road to Mannheim Roadl To install 45 N'P.H. signs on River Road from Touhy to Devon Avenue. TO CERTIFY TWO LIEUTENANTS POLICE DEPARTMENT. On motion by Alderman McKay and second by Tistle the Council approved that the Fire and Police Commissioners certify two lieutenants, promotion from sergeants (one as replacement and one to,fill vacancy for which appropriation is made in our 1956 budget); two sergeants, promotion from patrol- man, as replacements effective May 16, if possible. TO PURCHASE 1,000 CUBIC YARDS OF TOP SOIL $1.800.00. The motion was made by Alderman Dunlap and seconded by Tures to purchase 1,000 cubic yards of top soil, delivered to City dump on Algonquin Road in Forest Preserve for the sum of $+1,800.00 from E. W. Kuntze and Sons. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Bell, McKay, Schubert, Dunlap, Tures, Behrel and Prickett. 'Nays: Alderman Wolf, Neff, Wexler, Martin and Tistle. The Mayor voted "aye" and declared the motion carried. 1 5-7-56 The Mayor informed the Council there would be a Committee of the Whole, Monday, May 14th with Chamber of Commerce regarding parking lots and sales tax. BUILDING PERMITS & SEPTIC TANKS IN ORCHARD PLACE AREA. City Attorney Eley reported on building permits and septic tanks in Orchard Place Area. On motion by Alderman Neff and second by Dunlap the Council referred the septic tank items to Municipal Develop- ment Committee. The motion was made by Alderman Schubert and seconded by Bell the Committee to have power to act with advice of City Attorney. The motion and second was withdrawn. The motion was then made by Alderman Wolf and seconded by Prickett that City Attorney Eley handle the case. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Bell, McKay, Schubert, Dunlap, Tures, Wolf, Neff, Wexler, Martin, Behrel, Prickett and Tistle. Nays: None. The Mayor declared the motion carried. LIBRARY RESOLUTION. City Attorney Eley presented resolution for Public Funds to aid in financing the cost of engineering and architectural surveys, ddsigns, plans, working drawings, specifications or other action preliminary to and in preparation for the construction of public works. On motion by Alderman Prickett and second by McKay the Council adopted the resolution. G iThe motion was made by Alderman Neff and seconded by Behrel that all the attorneys who worked on the revising of City Code should receive a copy of the code. The Mayor put the question and the Cletk called the roll: Ayes: Alderman Bell, McKay, Schubert, '1 Dunlap, Tures, Wolf, Neff, Wexler, Martin, Behrel, Prickett and Tistle. Nays: None. The Mayor declared the motion carried. 1 1 359 REPORT OF CITY CODE COMMITTEE By resolution passed April 2, 1956 the City Council referred to the City Code Committee for public hearing certain amendments to Sec. 14 of the zoning ordinance which were introduced by Aldermen Nelsen and Tistle on that date. The public hearing was called for April 30, 1956, and notice of hearing was published in the Des Plaines Journal on'April 12, 1956. In addition, each member of the Zoning Board and Plan Commission received 'a personal invitation to attend the hearing. On April 30 the hearing was held, those attending included all of the five members of the Plan Commission, four of the seven members of the Zoning Board, all of the four members of the City Code Committee, the Mayor and City Attorney, eleven Aldermen, and various citizend. A11 of those present were given the opportunity to be heard. Subse- quent to the hearing Chairman Howe polled the membership of the.Zoning Board and reported that after considering the amendments from the standpoint of administering the zoning ordinance, six of the seven members are in favor since the changes will grant relief to the majority of the borderline cases which have been coming before the Zoning Board and receiving variations. The seventh member could not be reached. Subsequent to the hearing the Plan Commission met on May 3 and discussed the amend- ments from the standpoint of the city plan. After this meeting Chairman Reeves of the Plan Commission reported that the Commission will further consider the amendment at its May 17th meeting and that at present the Commission leans toward the position that from the planning standpoint the minimum lot width stated in the amendment should be reduced from 55 feet to 50 feet. On May 4, 1956 the City Code Committee met and unanimously adopted the following recommendations: 1. The ordinance should be placed on first reading at the May 7 Council meeting, to give the aldermen a chance to further consider the amend- ment, and to give the Plan Commission timed to submit its recommenda- tions. 2. The ordinance should be passed at the May 21 meeting, with two provisos: (a) The minimum lot width should be changed from 55 feet to 50 feet. (b) Alderman Wexler had some question about the wording of certain parts of the amending ordinance. The Committee requests that he meet with the City Attorney between now and the next meeting to prepare a final draft. (Signed) Mary V. Neff (signed) Sydney B. Wexler (Signed) Dana Schubert (Signed) H. H. Behrel 360 5-7-56 FIRST READING OF INTENSITY USE OF LOT. After long discussion on amendments, the motion was made by Alderman Martin and seconded by Neff to refer the ordinance with amendments to the Code Committee sitting as a Commission to call a hearing. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Bell, Dunlap, Neff, Wexler, Martin and Tistle. Nays: Alderman McKay, Schubert, Tures, Wolf, Behrel and Prickett. The Mayor voted "no" and declared the motion lost. Alderman Martin was excused at this time. The motion was then made by Alderman Wolf and seconded by Prickett to refer the ordinance to the Zoning Board of Appeals sitting as a Commission to call a hearing. The Mayor put the question and the Clerk called.the roll: Ayes: AldermanBell, McKay, Schubert, Dunlap, Tures, Wolf, Neff, Wexler, Martin, Behrel, Prickett, and Tistle. Nays: None. The Mayor declared the motion carried. APPROVAL OF BILLS. 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 MAYCiR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME.1 (A schedule of bills placed before each Alderman and on file with City Clerk.) Total $22,603.09. The motion was made by Alderman Behrel and seconded by Prickett to adopt the resolution. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Bell, McKay, Schubert, Dunlap, Tures, Wolf, Neff, Wexler, Behrel, Prickett and Tistle. Nays: None. The Mayor declared the motion carried. TO HAVE SPECIAL CENSUS MADE. Alderman Behrel reported the Finance Committee recommended the City Clerk be authorized to proceed with necessary steps to request a special census to be made and a check in the amount of $1,600.00 made payable to Census, Department of Commerce be issued to accompany the request. The motion was made by Alderman Behrel and seconded by Tures to concur in the report. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Bell, McKay, Schubert, Dunlap, Tures, Wolf, Neff, Wexler, Behrel, Prickett and Tistle. Nays: None. The Mayor declared the motion carried. OPEN BIDS ON CULVERT UNDER CHICAGO AND NORTHWESTERN RAILWAY. The Clerk, on motion by Alderman Prickett and second by Behrel, was instructed to open bids on culvert. The following bids were received: Cassidy Construction Company, Chicago $ 32,925.00 Louis Scully and Sons, Lincolnwood 33,750.00 States Improvement Company, Chicago 35,335.00 Thumm Construction Company, Chicago 39,355.00 Milburn Brothers, Mt. Prospect 39,425.00 On motion by Alderman Tures and second by Prickett the bids were Engineer and Sewer Committee. referred to City SECOND READING DOG ORDINANCE (INOCULATION). The motion was made by Alderman Behrel and seconded by Tistle to adopt the ordinance. The motion was made by Alderman McKay and seconded by Dunlap to amend the ordinance to add a line for inoculation of all dogs. The motion was made by Alderman Neff and seconded by Prickett to table the ordinance, due to absence of Alderman Martin. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Bell, Schubert, Wolf, Neff, Wexler, Behrel, .Prickett and Tistle. Nays: Alderman McKay, Dunlap and Tures. The Mayor declared the motion carried. 1 FIRST READING OF SIGN ORDINANCE. The Clerk read for first reading ordinance on maximum square feet of signs. The motion was made by Alderman Wolf and seconded by Prickett to change from 110 feet to 200 feet. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Wolf, Prickett and Tistle. Nays: Alderman Bell., McKay, Schubert, Dunlap, Tures, Neff, Wexler and Behrel. The Mayor declared the motion lost. The motion was made by Alderman Wolf and seconded by Prickett to amend the ordinance to allow Council to approve signs over 110 square feet. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Bell; Tures, Wolf, Wexler, Prickett, and Tistle. Nays: Alderman McKay, Schubert, Dunlap, Neff and Behrel. The Mayor declared the motion carried. The Attorney will redraft the ordinance. 1 361 5-7-56 SEPTIC TANK APPLICATION 1060 PROSPECT LANE. The Clerk informed the Council he had a septic tank application for 1060 Prospect lane. The Mayor referred same to Building Control Committee. LETTER OF RESIGNATION RAYMOND HAMMERL. The Clerk read the following letter: This is to notify you that as of April 30, 1956, I am retiring from active service as Lieutenant of the Des Plaines Police Department due to the provisions of the newly amended by-laws of the Police and Fire Commissioners Regulations. After 27 years of service, it is with deep'.regret I leave the service of the City of Des Plaines. (Signed) Raymond Hammerl On motion by Alderman Prickett and second by Behrel the Clerk was instructed to write a letter commending Mr. Hammerl on his service. LETTER FROM ACTING DISTRICT INTERNAL REVENUE DIRECTOR. The Clerk read the following lettet: I wish to express to you, your Police Department and especially to Police Chief a Jack Wigham, the sincere appreciation of me and my staff for the whole -hearted coop- < eration extended upon the occasion of the recent raid of the premises located at 6895 Mannheim Road. Without the cooperation of Police Chief Wigham, it would have "t been impossible to time this raid in coordination with the nation-wide project. (Signed) D. J. Luippold SOUTH SCHOOL PARENTIS TEACHERS ASSOCIATION LETTER. The Clerk read a letter from the above association commending the Council for installing the stop signs on streets near the South School and recommended they be made permanent. Alderman Bell was instructed to check on the signs. TWO ANNEXATION REQUESTS. The Clerk informed the Council he had two annexation petitions on property west of Mt. Prospect Road between Thacker and Algonquin Road. The Mayor referred same to Municipal Development Committee. CAREBUILT CORPORATION PLAT APPROVED BY PIAN COMMISSION. The Clerk informed he had a plat approved by Plan Commission. The Mayor referred same to Municipal Development Committee. 1 1 PETERSON PLAT APPROVED BY PLAN COMMISSION. The Clerk informed the Council he had a plat approved by the Plan Commission. The Mayor referred same to Municipal Develop- ment Committee. VACATION OF PART OF STREET ON Y. M. C. A. PROPERTY. The Clerk informed the Council he had a request for vacating Kentor Road in Cumberland Village. The Mayor referred same to Municipal Development Committee. Alderman Tures was excused at this time. APPOINT AVIATION SUB -COMMITTEE OF MUNICIPAL DEVELOPMENT COMMITTEE. Alderman Dunlap read the following: Increasing air traffic and expansion of O'Hare Field has begun to, or will soon bring to Des Plaines some of the problems of having an air terminal for a neighbor. Low flying aircraft, noise, TV interference; commercial development directly related to airport activity such as hotels, motels, car rental, restaurants, residential facilities for airport personnel -- all and more are to be expected. I move the Mayor be instructed to appoint a committee of three and that the committee be assigned the immediate job of determining means of enforcing airline use of safest possible practices having the best interests of Des Plaines in mind. Cooperation with other cities affected such as Park Ridge, Norwood Park, etc. may lead to the need for joining forces to assure consideration by O'Hare airlines of the comfort and safety of surrounding communities. As some of the developments to be expected relate to land use and development, I believe the committee should be a sub -committee of the Municipal Development committee. Aldermen with aviation experience or interest and legal background would, I believe, be most useful for this committee. (Signed) Robert Dunlap On motion by Alderman Dunlap and second by Neff the Council approved the Mayor's appointment of the following to the Committee; Chairman Alderman Dunlap, Martin and Neff. 36 5-7-56 NORTHWEST HIGHWAY UNDERPASS CUMBERLAND STATION. Alderman McKay reported the following: Flooding of pedestrian underpass beneath North est Highway a Cumberland Station. This underpass is supposed to be used by children on their way to and from school, in order to keep them from crossing the railroad tracks and Northwest Highway. Because of no provision to carry away rainfall and seepage this underpass has been flooded for more than a week and always is, after heavy rainfall. The underpass side- walk is improperly pitched, is dished inward as a matter of fact, and the water runs into the underpass and lays there. It is also suggested that this underpass be cleaned and kept clean. The Clerk was instructed to write the State Highway Department. FIRST READING OF VACATING PART OF OLD MANNHEIM ROAD. The Clerk read for first reading an ordinance vacating a plat of dedication of highway. The Mayor ordered the ordinance placed on file for second reading. CIVIL DEFENSE REgUEST TO PURCHASE PROJECTOR. Alderman Behrel read a letter from Mr. Ralph, Director of Civil Defense, requesting the purchase of a Bell and:Howell Filmo- sound 16 mm sound projector and a screen at a cost of $428.46. The Federal Civil Defense Administration has authorized their request for fifty per cent in accordance with its matched funds program. The motion was made by Alderman Behrel!�and seconded by Prickett to allow them to purchase the above. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Bell, McKay, Schubert, Dunlap, Wolf, Neff, Wexler, Behrel, Prickett and Tistle. Nays: None. The Mayor declared the motion carried. The Mayor referred to the Finance Committee, City Attorney and City Treasurer regarding the proration of $68,000.00 in special assessment foreclosures. APPOINTMENTS OF MAYOR APPROVED. The following appointments of the Mayor were approved by the Council: Clifford Carlson, Architectural Commission John Tures, Fire and Police Commission Mrs. June Morehart, Library Board Keats Longley, Library Board Mrs. Marion Kunkel, Library Board Walter Oehler, Board Trustees Police Pension Fund Leslie Hedberg, School Patrol Commission Charles Forberg, Traffic Commission ADVERTISE BIDS WATER CONSTRUCTION. At request of Engineer Fletcher the Council, on motion by Alderman Prickett and second by Tistle, approved to advertise for bids to be returned at the May 21st meeting for the following items: constriction of a granulated fill, concrete slab, meter house, meter vault and other incidental work at the site of Well No. 4. SUPERINTTTNDENT WARNICKE WAS INSTRUCTED to check on trailers parking partly on street at the Mannheim Road trailer park. ADJOURNMENT. The motion was made by Alderman Tistle and seconded by Prickett to adjourn the meeting to Monday, May 14, 1956, at 8:00 P.M. The motion was voted upon by acclama- tion. 11114/14./ Otto . Henrich Ci Clerk 1 1 1