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05/20/1957490 5-6-57 ORDINANCE COMMITTEE ON YOUTH ACTIVITIES. The Clerk read for first reading the above ordinance. The motion was made by Alderman Nelsen and seconded by Tures to suspend the rules and adopt the ordinance. At request of Alderman Wexler, the motion and second were withdrawn. ADJOURNMENT. The motion w as made by Alderman Tures and seconded The motion was voted upon by acclamation. by Tistle to adjourn. l Otto W. Henrich City erk REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN COUNCIL ROTI, CITY HALL, MAY 20, 1957, AT 8:00 P.M. CALL TO ORDER. The meeting was called to order by Mayor Herbert H. Behrel with 'Alder- man Tures, Wright, Neff, Wexler, Martin, Figard, Prickett, Tistle, Bell, McKay and Callaghan responding to roll call. APPROVAL OF MINUTES. The motion was made by Alderman Prickett and seconded by Tistle o approve the minutes of May 6, 1957. Alderman McKay called attention that the Youth Activity and Board of Local Improvement Committees had not been appointed, having been deferred. The Council then voted by acclamation to approve the minutes with correction made. TOLL ROAD. :A Mr. Julius Trefy was allowed to speak regarding the closing of streets for the Toll Road. The Mayor referred the item to the Municipal Development and Street Committees and City Attorney. POLICE AND FIRE COMMISSION TO CERTIFY THREE POLICEMEN. On motion by Alderman Tures and second by Figard the Council approved to have the Fire and Police Commission certify three patrolman. FOREST TRAILER PARK FIRE CONTRACT. On motion by Alderman Tistle and second by Bell the Council concurred in the report that the above fire contract remain at $1,000.00. 1550.00 FOR FIRE TRUCK MOTOR. After report of an emergency for repair of fire truck. by Alderman Tistle and Chief Kolze, the motion was made by Alderman Tistle and seconded by Figard to allow expenditure up to $550.00 for motor for fire truck. The Mayor put the question and the Clerk called the roll. Ayes: Alderman Tures, Wright, Neff, Wexler, Martin, Figard, Prickett, Tistle, Bell, McKay and Callaghan. Nays: None. The Mayor declared the motion carried. GRANT DRIVEWAYS FOR CONTOUR SAWS. Alderman McKay made the following report: Your Committee on Streets returns herewith Contopr Sawst letter of April 22 with 3 copies of plat showing parking lot on Graceland southwest of Thacker. The parking area is now served by three driveways E-1 14 ft.5fr in; E-2 12 ft. 12 in; E-3 16 ft. 10 in.; a total of over 43 feet. Contour Saws wish to retain driveway E- 1 14ft. 5- in., and request authority to replace driveways E-2 and E-3 with drive- way N-1 20 feet as shown in plat. This would result in a reduction of 8 ft.11f in. in total driveway footage on Graceland Avenue for this parking area. Your Committee recommends that the request of Contour Saws as above described lbe granted, with the understanding Contour will install sidewalk where driveways E-2 and E-3 are now located. /s/ S. E. McKay, Chmn. S. B. Wexler L. E. Martin On motion by Alderman McKay and second by Wexler the Council concurred in the report. 1 L Zf MARION STREET. Alderman McKay made the following report; Your Committee on Streets feels that the complaint of the Board of Directors of the First Church of Christ, Scientist, Laurel Avenue and Marion Street, dated April 19th is justified. The center portion of Marion Street near the Church property should be repaired, and your Committee recommends that the Superintendent of Public Works, schedule this repair project for preferred attention at the earliest possible time, subject, of course, to the availability of funds. It is further recommended that the City Clerk answer the letter from the Board of Directors of the Church accordingly. /8/ S. E. McKay, Chmn. S. B. Weller L. E. Martin On motion by Alderman McKay and second by Bell the Council concurred in the report. CHANGE OF STREET NAMES IN ORCHARD PLACE. Alderman McKay reported on change of street names in Orchard Place Area as follows: that the Street Committee recommends that Rose Avenue be changed in Orchard Place to Sunset Drive; that Scott Street be changed (near Mannheim Road),which is a continuation of Sycamore, to Sycamore Street, and Attorney to prepare proper ordinance. The Council, on motion by Alderman McKay and second by Martin, concurred in the report. On motion by 'Alderman Neff and second by Tistle the change of Curtis Street be referred back to Street Committee so that people residing on street may voice their objection. e REPAIR OF ARTERIAL AND NON -ARTERIAL STREETS. On motion by Alderman McKay and second by Tistle the Council approved to repair the above streets. et 1 1 RESOLUTION ON ARTERIAL STREETS. On motion by Alderman McKay and second by Bell the Council adopted the resolution to repair White and Orchatd Streets from Oakton to Howard Streets - amount of $5,000.00. On motion by Alderman McKay and second by Prickett the Council adopted the resolution to repair 12 non -arterial Streets - amount of $15,000.00. LINDEN STREET' EXTENSION AT PROSPECT AVENUE. Alderman Bell reported that the Street Committee recommends that the east 60 feet of above property be subdivided for building. Balance to remain as is until property can be subdivided at a future date to include dedicating street. On motion by Alderman Bell and second by Tistle the Council concurred in the report. LOWERING WELL BID AWARDED. The motion was made by Alderman Tures and seconded by Prickett to award the lowering well bid to M. P. Schneller and Associates of Aurora for $2,184.00 and return check of other bidder. The Mayor put the question and the Clerk called the roll. Ayes: Alderman Tures, Wright, Neff, Weiler, Martin, Figard, Prickett, Tistle, Bell, McKay and Callaghan. Nays: None. The Mayor declared the motion carried. GRANT REQUESTS FOR WATER. The motion was made by Alderman Tures and seconded by Prickett to furnish water to Kiwanis Club Sun Oil and Bowlin Alle on River -Rand Area. The Mayor put the question and the Clerk called he ro . Ayes: !Alderman Tures, ldright, Wexler, Figard, Prickett and McKay. Nays: Alderman Neff, Martin, Tistle, Bell and Callaghan. The Mayor declared the motion carried. OPEN BIDS TO WIDEN CENTER AT OAKTON AND SECOND second by Prickett the Clerk was instructed to bids were received: E. Russell and Son, Des Plaines Milburn Bros., Mt. Prospect AT PRAIRIE. On motion by Tures and open the above bids. The following $ 2,806.10 3,448.00 On motion by Alderman Prickett and second by Bell the bids were referred to the Street Committee. OPEN BIDS REPAIRING NON -ARTERIAL STREETS. On motion by Alderman Tures and second by Bell the Clerk was instructed to open the above bids. The following bids were received: Skokie Valley Asphalt Company, Des Plaines $ 6,398.55 Flood Paving Company,Chicago 7,015.80 Black Top Roads Company, Melrose Park 7,204.80 On motion by Alderman Prickett and second by Tures the bids were referred to Street Committee and Engineer. 491 492 5-20 -57 MRS. AVERILL $250.00. Alderman Wexler reported of accident of Mrs. Averill. Your Committee on Judiciary has investigated the claim of Mrs. Sylvia Averill who incurred certain injuries as a result of an accident occurring on the City of Des Plaines sidewalks and has reviewed her affidavits. The committee received a legal opinion from the City Attorney recommending settlement of that case: After review- ing all of the pertinent facts involved and after considering the opinion of the City Attorney, we therefore recommend that the City Council authorize payment in the amount of Two Hundred Fifty ($250.00) Dollars to Mrs. Averill for a;release of any and all claims that she may have against the City of Des Plaines. /s/ S. B. Wexler S. E. McKay R. Dunlp (per S. B. W.) The Mayor put the question and the Clerk called the roll. Ayes: Alderman Tures, Wright, Neff, Wexler, Martin, Figard, Prickett, Tistle, Bell, McKay' and Callaghan. Nays: None. The Mayor declared the motion carried. MARSHALL HOWARD REPORT. The Clerk read a report that Marshall Howard would be at Springfield for hearing before Illinois Supreme Court, Tuesday, May 21, 1957, on the Bauske -Premier case. APPROVAL OF BILLS. Alderman Prickett presented the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLSjARE DUE AND PAYABLE AND THAT THE MA OR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total $15,422.17. (A copy of resolution placed before each Alderman and on file with City Clerk.) The motion was made by Alderman Prickett and seconded by McKay to adopt the resolution. Alderman Prickett reported several Fire Department bills had been held off the 4a1. 6, 1957 resolution and now were approved and replaced on resolution. Alderman 'Weiler requested the Bishop bill for $1,673.00 be held out for Alderman Dunlap's approval. The Mayor put the question and the',Clerk called the roll. Ayes: Alderman Tures, Wright, Neff, *Wexler, Martin, Figard, Prickett, Tistle, Bell, McKay and Callaghan. Nays: None. The Mayor declared'the motion carried with changes made. ADOPT POLICE UNIFORM AND BADGE ORDINANCE. The Clerk read for second reading the ordinance entitled: ORDINANCE AMENDING SECTION 4.23. UNIFORM AND BADGES, OF THE CITY CODE OF DES PLAINES OF 1955 The motion was made by Alderman McKay and seconded by Tures to adopt the ordinance. The Mayor put the question and the Clerk called the roll. Ayes: Alderman Tures, Wright, Neff, Wexler, Martin, Figard, Prickett, Tistle, Bell, McKaTand Callaghan. Nays: None. The Mayor declared the motion carried. ADOPT ORDINANCE CITY CODE AND YOUTH ACTIVITIES ORDINANCE. The Clerk read for second reading the ordinance entitled: ORDINANCE AMENDING SECTION 2.4 OF CHAPTER 2 OF THE CITY CODE OF THE CITY OF DES PLAINES OF 1955 The motion was made by Alderman Prickett and seconded by McKay to adopt the ordinance. The motion was made by Alderman Neff and seconded py Martin to amend the ordinance to include No. 15 City Code Committee. The Mayor put the question and the Clerk called the roll. Ayes: Alderman Neff, Wexler, Martin, Figard, Tistle, Bell, McKay and Callaghan. Nays: Alderman Tures, Wright and Prickett. The Mayor put the question on the motion as amended and the Clerk called the roll. Ayes: Alderman Wright, Neff, Wexler, Martin, Figard, Prickett, Tistle, Bell, McKay and Callaghan. Nays: Alderman Tures. The Mayor declared the motion carried. 1 1 1 1 1:%D 5-20-57 ADOPT ZONING ORDINANCE 1928-96 CHESTNUT STREET. The Clerk read for second reading the above zoning ordinance. The motion was made by Alderman McKay and seconded by Tures to adopt the ordinance. The Mayor put the question and the Clerk called the roll. Ayes: Alderman Tures, Wright, Neff, Wexler, Martin, Figard, Prickett, Tistle, Bell, McKay and Callaghan. Nays: None. The Mayor declared the motion carried. J. L. JACOBS AND COMPANY LETTER. The Clerk read a letter from Sfacobs and Company regarding payment of $337.57. The Mayor referred letter to Finance Committee and it was agreed to have a meeting with Jacobs, Monday, May 27, 1957, at 8:30 P.M. ZONING VARIATION G. W. PRASSAS. The Clerk informed the Coij cil he had an application for zoning variation for Kroger Parking lot. On motion by Alderman Martin and second by Bell, the Council referred same to the Zoning Board of Appeals sitting as a Commission to call a hearing. The Clerk informed the Council he had received a phone call from Mr. McMahon of the County Highway Department regarding the no parking ordinance on River Road and on Dempster Street. The matter was referred to Engineer Fletcher to contact the Countyi. LETTERS FROM H. L. KINSER, PRESIDENT OF SAFETY COUNCIL. The Clerk read a letter from the above on four-way stop at Second and Thacker. The motion was made by Alderman McKay and seconded by Martin with which the Council refetred to City Attorney to draft an ordinance. The Clerk read a letter from Above regarding a professional traffic survey in downtown area. The Safety Council recommended the City Council obtain a professional traffic engineering survey. The Mayor referred the item to the Street Committee. !Another letter from Mr. Kinser about sidewalk on Wolf Road at West Park and Hannifin Corporation. The Mayor referred same to Street Committee to contact both parties, but on motion by Alderman Martin and second by Callaghan, the Mayor is to contact them. IIIThe Clerk read a letter from the Chicago and Northwestern Railway, that the Des Plaines Avenue and Ellinwood crossings were repaired April 9, 1957. 1 The Clerk read a letter which was received by Alderman Rateike about condition of City property at Warehouse. The Mayor said the Superintendent is cleaning up yard. DR. T. T. WRIGHT LETTER ON FEES AT ANIMAL HOSPITAL. The Clerk read a letter from Dr. Wright asking for an increase of fees for impounding dogs. The Mayor referred the letter to Finance and Police Committees. MC KAY-NEALIS AND COMPANY LETTER ABOUT REZONING. The Clerk read a letter from the above Company regarding rezoning sereral lots. The City Attorney said they could file an application with payment of fee-. FIRST READING ORDINANCE REZONING 688-750 GRACELAND. The Clerk read for first reading the above ordinance. FIRST READING ORDINANCE AMENDING BUILDING CODE REGARDING FEES FOR MOVING BUILDINGS. The Clerk read for first reading the above ordinance FIRST READING ZONING ORDINANCE NORTH SIDE DEVON AVENUE. The Clerk read for first reading the above ordinance. On motion by Alderman Bell and second by Wexler the Council approved to amend the ordinance to rezone tb eastern boundary of Toll Road. FEE FOR N0.2 PARKING LOT ORDINANCE. The Clerk read for first reading the above ordi- nance. The motion was made by Alderman Prickett and seconded by Neff to place the ordinance on passage. The Mayor put the question and the Clerk called the roll. Ayes: Alderman Neff, Martin, Figard, Prickett, Tistle, Bell and Callaghan. Nays: Alderman Tures, Wright, Wexler and McKay. The Mayor declared the motion lost. 493 494 5-20-57 CITY SERVICE OIL COMPANY 3170 DES PLAINES AVENUE DRIVEWAYS. The Clerk informed the Council he had an application for driveways at Devon and River Road. The Mayor referred same to Street Committee. E. N. Fletcher appointed City Engineer. On motion by Alderman Tures, and second by Prickett the Council approved the appointment of City Engineer. Fletcher to December 31, 1957. ELECTRICAL COMMISSION. On motion by Alderman Tures and second by Prickett the Council approved to appoint of the following to the Electrical Commission to December 31, 1957: Arthur Rieck, Building Commissioner Henry E. Kaufman, Electrical Contractor Vern Jacks, Electrical Journeyman Ray Kolze, Fire Marshall Cecil Payne, Representative Public Service Company The Mayor reported that George Eichner had requested his resignation from the Zoning Board and the Mayor asked to have the appointment of ilfalter J. Brandon, 1724 Howgrd Street, to fill vacancy. On motion by Alderman Bell and second by Prickett, the Council approved the appointment. ATTORNEY APPOINTMENT REFERRED TO JUDICIARY COMMITTEE. The Mayor requested approval of the•appointment of James Dowd as City Attorney. The motion was made by Alderman Tures and seconded by Prickett to approve the appointment. The motion was made by Alderman Neff and seconded by Martin to refer the appointment to to Judiciary Committee. The Mayor put the question and the Clerk called the roll. Ayes: Alder- man Neff, Wexler, Martin, Figard, Tistle, Bell, McKay and Callaghan. Nays: Alder- man Tures, Wright and Prickett. The Mayor declared the motion carried. On motion by Alderman Neff and second by Wexler the Clerk is to write a letter to 'Attorney Locomen Eley commenting on his work as City Attorney. BOARD OF LOCAL IMPROVEMENT AND YOUTH ACTIVITIES. The Council approved the Mayor's appointment of the following two Committees,on motion by Alderman McKay and second by Prickett. Board of Local Improvement: Mayor Behrel, Alderman Bell, Tures, Figard, Prickett, Callaghan, Dunlap and Neff Youth Activities: Alderman Figard, Rateike and Martin CITY HALL PARKING LOT. The Mayor referred the improvement of parking lot in rear of City Hall to the Public Building Committee, Superintendent and Engineer. LAKE TO BE CREATED BY TOLL ROAD IN ORCHARD PLACE AREA. A gentleman presented a map showing location of intended lake at Toll Road and gave other information about the lake. The Mayor referred the matter to the Municipal Development Committee, Plan Commission, City Engineer and Attorney. TO ADVERTISE BIDS TO PAVE PROSPECT AVENUE FROM LEE TO MANNHEIM. On motion by Alder- man Tistle and second by Bell the Council approved to advertise bids to be returned June 17, 1957, for the above paving at request of Engineer Fletcher TO ADVERTISE BIDS FOR LIME HANDLING E(UIPMENT. On motion by Alderman Tures and second by Prickett the Council approved to advertise bids for Lime Handling Equipment to be returned June 17, 1957, at request of Engineer Fletcher. On motion by Alderman Martin and second by Wexler the Clerk is'to write a letter to George Eichner regarding his service as member of Zoning Board. At request of Alderman Martin the Mayorneferred the item of sidewalk repair to the Street Committee, there being a $5,000.00 appropriation. On motion by Alderman Martin and second by Neff, a copy of all bids be furnished each Alderman. 5- 20-57 a 05 The motion was made by Alderman Neff that the City Clerk furnish a copy of the agenda of next meeting before the meeting. The motion was lost for want of a second. ADJOURNMENT. The motion was made by Alderman Prickett and seconded by Tures to adjourn. The motion was voted upon by acclamation. Otto W.J. Henrich ' City Clerk REGULAR MEETING OF THE CITY COUNCIL OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL ROOM, CITY HALL, NNE 3, 1957, AT 8:00 P.M. CALL TO ORDER. The meeting was called to order by Mayor Herbert H. Behrel who presided ?1,d. with Alderman Dunlap, Rateike, Tures, Wright, Neff, Wexler, Martin, Figard, Prickett, Nelsen, Bell, McKay and Callaghan responding to roll call. I C•.O APPROVAL OF MINUTES. The motion was made by Alderman Prickett and seconded by Figard to approve the minutes of May 20, 1957. The motion was voted upon by acclamation. OFFICIAL REPORTS. The Clerk submitted the reports of Treasurer, Clerk and Building Commissioner. MARSHALL S. HOWARD REPORTS. The Clerk read the following two reports: I received a report today from Master in Chancery Albert Sheppard, who heard the case of Oak Park Trust and Savings Bank vs. City of Des Plaines, involving property on the southeasterly side of Graceland where it adjoins the Soo Line tracks. As might be expected, Master Sheppard found the issues against the City of Des Plaines in favor of the plaintiff and recommended a judgment order be entered, finding the commercial zoning of this tract invalid and void and finding the property to be proper and suit- able for industrial use. I have spent some time today outlining our objections to this report and same will be filed sometime next week. I do expect that the Master will overrule the objections and the matter will then go to Judge Fisher for his -decision. In most of these cases, of course, it has been our experience that Judge Fisher sustains the Master and finds in favor of industrial use. In view of the fact that this property actually adjoins the railroad and the material yard of the Des Plaines Fuel and Material Company, there might be some reason for him to sustain the Master and find against us. However, you will recall that approximately a year ago Judge Fisher overruled Master Sheppard in this respect on the property across the street and some- what to the north in the suit of Rams -Head Company, a Doall Subsidiary, against the City of Des Plaines. This case was appealed by the plaintiff and the Supreme Court upheld Judge Fisher and our ordinance in this matter. I am hopeful that being able to rely on this Supreme Court citation on property within the very same block will induce Judge Fisher again to decide in our favor. I will report again at a later date on this matter. /s/ Marshall S. Howard • I should like to report that I left for Springfield Monday evening, May 20, and spent Tuedday, May 21, at Springfield for the purpose of oral argument in the case of Bauske and Premier Rose Gardens, Consolidated vs. City of Des Plaines. It is diffi- cult, of course, to appraise your own argument and I can only say about it that I did the best of which I was capable on behalf of the City of Des Plaines. It is even more difficult to gauge the reactions of the Supreme Court on oral argument, or to guess at any feelings they might have in the matter from comments made on the oral argument. I can truthfully report that -our case held the complete attention of the seven justices, both throughout my own presentation and that of my opponent. Arguing on behalf of