Loading...
06/03/19575- 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 496 6-3-57 MARSHALL S. HOWARD REPORTS. (Cont'd.) plaintiffs was Mr. Wetrner, W. Schroeder, a veteran lawyer of considerable standing. He is presently President of the Chicago Bar Association. I must admit that he made a very excellent and vigorous presentation of the plaintiffs' case and that he, too, seemed to have the undivided attention of the seven justices. The only questions asked might perhaps show an unfavorable trend for us -- al- though this is almost impossible to accurately appraise. Justice Daily, for instance, inquired whether or not the existence of the present greenhouses, power plants and smokestacks would not be a strong deterrent to the construction of residences on plaintiffs' 100 acres of vacant. All of the justices seemed to be interested in the location of O'Hare Airport and there were a number of inquiries from them regarding the distance between the edge of O'Hare and the edge of plaintiffs': property, the effect of the airport traffic on adjoining areas, etc. I suppose it is possible, although not probable, that we may have a decision in this matter in this term of court which ends May 31. I think it is.quite unlikely. It is also unlikely that there will be an opinion rendered in this case between terms. Unless, therefore, the Court holds a special June Term, as it did last year, there is not likely to be a decision in this case until the second or third Week in September when the Court reconvenes for the September Term. Inasmuch as this represents the practical conclusion of all services in this case, even though a decision may not be forthcoming for some time, I should like to express my gratitude to the aldermen and the. mayor for the cooperation which I have received in this case and for the wholehearted support which I havehad from the Council, all of the officials of the city, the civic associations and the citizens, of Des Plaines. I have done my very best to merit this confidence and•this support and I sincerely do hope that our efforts of the last two years may be crowned with ultimate success in this Supreme Court case. Thank you again for all that you have done to help me in this matter. /s/ Marshall S. Howard The Mayor ordered them placed on file. Alderman Bell reported about County rezoning hearing for ice skating building on Dempster Street across from High School. On motion by Alderman Martin and second by Figard the Clerk was instructed to write to the County Zoning Board objecting to the rezoning. If the High School does not file an. objection, the City Council can recall the objection. DIMUCCI SUBDIVISION. Alderman Bell reported on the above subdivision regarding street opening on Rand Road. A Mr. Vanderpoel was allowed to speak voicing the objection for the people of that area regarding their objection to street opening on Rand Road (Cambridge). Alderman Bell made the motion which was seconded by Dunlap.to concur in the Municipal Development Committee report. After discussion, on motion by Alderman Neff and seconded by Dunlap, the matter was referred back to the Committee. Alderman Bell called for a meeting of Council as a Committee of the IrJhol.e for Thursday, June 6, 1957, at 7:30 P.M. The Clerk was instructed to notify the School Board and Park Commissioner to attend. Alderman Nelsen reported on improvements in Police operations and personnel. Alderman Rateike reported about improving parking lot rear of City Hall, with work to be done by City employees. On motion by Alderman Rateike and second by Bell the Council concurred in the report. TO ADVERTISE TO REROOF CITY HALL.. On motion by Alderman Rateike and :second by Dunlap the Council approved to advertise bids to reroof the City Hall and to have inspection made to see what repairs are needed. Bids to be returned July 1, 1957. On motion by Alderman Dunlap and second by Bell, the Building Committee is to check on Rosneau Rooming Company contract for the repairs of Library roof. TO ADVERTISE BIDS FOR MOSQUITO SPRAYING. On motion by Alderman Neff, the Council approved to advertise for mosquito spraying. Dunlap and second by 04.0 497 6-3- 57 ALDERMAN MC KAY REPORTED THE FOLLOWING: Your Committee on Streets and Traffic recommends that the Supt. of Public 'Works undertake a city-wide survey of all sidewalks, the work to start at the earliest possible date. Committee realizes this won't be an•:easy or speedy chore, but if the work is started this month and pushed with reasonable diligence, sufficient data should be available by appropriation time so we may budget enough money for 1958 to at least make all major repairs. /s/ S. E. McKay Sydney B. Wexler L. E. Martin On motion by Alderman McKay and second by Martin the Council concurred in the report. BID AWARDED SKOKIE VALLEY ASPHALT COMPANY. The motion was made by.1derman McKay and seconded by Bell to award the bid for maintenance of some non -arterial Streets to Skokie Valley Asphalt Company for $6,398.55. The Mayor put the question and the Clerk called the roll. Ayes: Alderman Dunlap, Rateike, Tures, Wright, Neff, Wexler, Martin, Figard, Prickett, Nelsen, B011, McKay and Callaghan. Nays: None. The Mayor declared the motion carried. APPLICATION GRANTED FOR DRIVEWAYS AT 110 BERRY LANE. On motion by Alderman McKay and second by Martin the Council approved two driveways not to exceed 18 feet in width at 1910 Berry Lane. BIDS REJECTED FOR PAVING AT OAKTON AND CENTER AND PRAIRIE AND SECOND AVENUES. Alder- man McKay reported that the Committee on Streets and Traffic feels that the cost of these two projects , $2,806.10, is high, and recommends that they be deferred until we have had benefit of proposed traffic survey which may possibly involve change in bus routes. Bidder's checks to be returned. On motion by Alderman McKay and second by Martin the Council concurred in the report. APPROVE DRIVEWAY APPLICATION AT 1220 MINER STREET. Alderman McKay reported the follow- ing: Application is for one 21 foot and one 22 foot driveway. We understand Wesley wi 11 black -top the complete area fronting their station and agree to mark out these driveways with concrete car stops, and also to place car stops across the back of the black -topped area between the two driveways. With the understanding that the improvement at Wesley's Station will include the black -topping and the car stops, your Committee recommends the application for the two driveways be granted. /s/ S. E. McKay L. E. Martin S. B. Wexler On motion by Alderman McKay and second by Martin the Council concurred in the report. At Alderman Bell's request, Superintendent Warnicke is to check regarding black - topping driveways at Howard and River Road service station. On motion by Alderman Tures and second by Neffy-.theiCouncil again turned down the request for City water for subdivision at Grove Avenue and Rand Road. TO ADVERTISE BIDS FOR TRACTOR. On motion by Alderman Tures and second by McKay the Council approved to advertise bids for a tractor, with bids to be returned June 17th. On motion by Alderman Martin and second by Neff the Council approved to amend Alderman Martin's motion of previous Council meeting that copies of bids on outside work which are in book form are not bo be included in the copies t� Aldermen. SEPTIC TANK APPLICATION REFERRED TO SEWER COMMITTj. Alderman Martin reported he had an application for septic tank installation on Oakton Street west of Wolf Road. The motion was made by Alderman Martin and seconded by Dunlap to grant the request. After discussion, the Mayor referred same to Sewer Committee. ORDINANCE TO BE PREPARED FOR 42001000 Parking Revenue Bonds. On motion by Alderman Nelsen and second by Prickett, Attorney Eley is to prepare proper ordinance for $2Q 0,000 Parking Revenue Bonds. 498 6-3-57 NORTH SCHOOL PROPERTY. On motion by Alderman Dunlap and second by Rateike, Attorney Eley is to negotiate with the School Board on North School property and to inquire on long term payment. ATTORNEY EIEY TO PROCEED ON SALE OF $ 450,000 LIBRARY BONDS. On motion by Alderman. Wright and second by Tures, Attorney Eley is to proceed on sale of $450,000 Library Bonds. The following is architect's estimate: Total area 16,560 sq. ft. 15,560 @$20.00 - $311,200 15,560 @ $22.00 - 342,320 Take average for cost- $326,760 Estimate equipment 30,000 Parking Lot 4,000 Public walks 1,370 (Possibly by City) Blue Stone Walk 675 Total $362,805 Architects fee @ 7% 25,300 $388,105 Land & Buildings plus wrecking 53,000 2% contingencies $441,105 9,000 Total $450,000 JAMES DOWD APPOINTED CITY ATTORNEY. Alderman Wexler reported the Judiciary Committee has investigated the proposed appointment and has found Mr. Dowd qualified. We, your Committee, recommend that James Dowd be confirmed as City Attorney for Des Plaines. On motion by 'Alderman Wexler and second by Prickett the Council approved the appointment of James Dowd to December 31, 1957. APPROVAL OF BILLS. Alderman Prickett presented the followinglesolution: 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. Total $1,242.68. (A copy of resolution placed before each Alderman and on file with City Clerk.) The motion was made by Alderman Prickett and seconded by Figard to adopt the resolution. The Mayor put the question and the Clerk called the roll. Ayes: Alderman Dunlap, Rateike, Tures, Wright, Neff, Wexler, Martin, Figard, Prickett, Nelsen, Bell, McKay and Callaghan. Nays: None. The Mayor declared the motion carried. APPROVE $337.50 JACOBS COMPANY BILL. The motion was made by Alderman Prickett and second by Martin to approve payment of $337.50, the final bill of J. L. Jacobs and Company. The Mayor put the question and the Clerk called the roll., Ayes: Alderman Dunlap, Rateike, Tutes, Wright, Neff, Wexler, Martin, Figard, Prickett, Nelsen, Bell, McKay and Callaghan. Nays: None. The Mayor declared the motion carried. TRANSFER $2,530.59 FROM SALES TAX TO FIRE CONSTRUCTION. On motion by Alderman Prickett and second by Tures, the Council approved to transfer $2,510.59 from Sales Tax fund to Fire Construction Fund. TWO LETTERS REGARDING QUIT CLAIM DEEDS. Alderman Prickett reported that there was a question which letter was first received regarding quit claim deeds.; Letters were from Peter H. Johnson and E. R. Carlton. On motion by Alderman Prickett and second by McKay, the Council approved to issue quit claim deeds at $100.00 per lot on presentation of report of ownership. 1 499 6-3-57 ATTORNEY LOMMEN D. ELEY REPORT. Attorney Eley read the following report: In connection with the matters being handled by me as City Attorney, I wish to report that I am still working on several matters in which I was appointed by the Mayor with the approval of the Council which matters being not yet completed I believe it advisable to remain with me until completion. These matters are as follows: The application of the Higgins Water Company to the Commerce Commission for a certificate of convenience and necessity. While this matter is presently dormant I anticipate its revival in the immediate future. The Higgins Water Company has re- quested the Council, through me, for a granting of a franchise and my opinion on the franchise problem was submitted just prior to the April election to the Water Committee. The library bonds and title acquisition. I understand the Library Committee and Finance Committee are now ready to direct the sale of bonds which can be done reasonably promptly. The title to the land has been acquired and the title papers have been delivered to the Library Board. tra The Parking Committee and Park Place land acquisition. As I informed the Council CD recemmtly, the property owners are still occasionally asking for reports as to their I status. I would be happy to continue with this project if the Council considers it desireable, although it is possible that due to the recent inactivity it may be desired to have the matter transferred to my successor. There has been no substantial time spent by me on the study of law and, therefore, little if any of my time would be waited. 1 1 Des Plaines ads. Park Trailer Park. This is an injunction suit brought to enjoin interference with the extension of the operations of the plaintiff at the site of River Road South of Touhy Avenue. A temporary injunction was issued by Judge Lupe last Fall. The plaintiff has not undertaken the actual trial of the matter. Des Plaines against Tipton. This matter was tried in Police Magistrate Court last September with the defendent being fined. An appeal was taken by the late Frank Zaleski, who, while quite ill, expressed to me his desire to personally handle the case on the appeal. The matter will necessarily be heard on the appeal and with Mr. Zaleski's recent death, the reason for delay no longer exists. The City of Des Plaines complaint against the Chicago and North Western Railway in the Commerce Commission regarding the station crossing. This matter has now been set for hearing on June 26. I am willing to continue the handling of this matter if the City desires, although the matter might easily be transferred to my successor. In the matter of the opening of Forest Avenue by agreement of the City and of the subdivider. I am still holding a deposit of money to guarantee the making of improvements as required by the City. Although I was not specifically employed by the City as a separate action, I feel that this matter cannot be turned over to my successor without the consent of the subdivider as it is his money I have agreed to hold. I believe, therefore, that the matter should remain with me. /s/ Dolmen D. Eley EVELYN THORSEN CASE. The Evelyn Thorsen case was referred to City Attorney Dowd on motion by Alderman Tures and second by Martin. ADOPT ORDINANCE AMENDING ORDINANCE ON MOVING BUILDINGS. The Clerk read for second reading the ordinance amending section 208B of Building Code. The motion was made by (Alderman Martin and seconded by Tures to adopt the ordinance. The Mayor put the question and the'Clerk called the roll. Ayes: Alderman Dunlap, Rkteike, Tures, Wright, Neff, Wexler, Martin, Figard, Prickett, Nelsen, Bell, McKay and Callaghan. Nays: None. The Mayor declared the motion carried. 500 6-3-57 ADOPT ORDINANCE REGULATING USE OF NON -METERED PORTION PARKING LOT NO. ?. The Clerk read for second reading the above ordinance. The motion was made by Alderman Prickett and seconded by Wexler to adopt the ordinance. The motion was made by Alderman Wright and seconded by Nelsen to add "except on legal holidays" to Section 1. The motion was voted upon by acclamation. The motion was made by Alderman Wright and seconded by Wexler to change the time in ection 1 from 8:00 A.M. and 6:00 P.M. to 8:00 A.M. to 11:30 A.M. The motion was voted upon by acclama- tion. The Mayor put the question on the motion to adopt as amended' and the Clerk called the roll. Ayes: Alderman Dunlap, Rateike, Tures, Wright, Neff, Wexler, Martin, Figard, Prickett, Nelsen, Bell and Callaghan. Nays: Alderman McKay. The Mayor declared the motion carried. REZONING ORDINANCE DEVON AVENUE. The Clerk read for second reading the above ordinance. The motion was made by Alderman Bell and seconded by Callaghan to place the ordinance on passage. The Mayor put the question and the Clerk called the roll. Ayes: Alderman Dunlap, Rateike, Tures, Wright, Neff,Mexler, Figard, Prickett, Nelsen, Bell, McKay and Callaghan. Nays: None. The Mayor declared the motion carried. The motion was made by Alderman Bell and seconded by Nelsen to alopt the ordinance. The Mayor put the question and the Clerk called the roll. Ayes: Alderman Dunlap, Rateike, Tures, Wexler, Martin, Figard, Prickett, Nelsen, Bell, McKay and Callaghan. Nays: None. The Mayor declared the motion carried. REZONING ORDINANCE WEST OF GRACELAND FROM PRAIRIE TO MARION. The Clerk read the above ordinance. The motion was made by Alderman Martin and Seconded by Figard to adopt the ordinance. The Mayor put the question and the Clerk called the roll. Ayes: Alderman Dunlap, Rateike, Tures, Wright, Neff, Wexler, Martin, Figard,Prickett, Nelsen, Bell, McKay and Callaghan. Nays: None. The Mayor declared' the motion carried. The City Clerk was instructed to write the Chicago and Northwestern Railway to repair crossings at Western Avenue and the Soo Line crossing on NorthwestHlghway to Benjamin. The Mayor referred Section 1 of Jacobs survey to the Finance Committee and Section 2 to a special committee (Alderman McKay,Chairman, Wexler and Prickett.) CUMBERLAND MAINTENANCE CORPORATION LETTER ON PARKING. The Clerk read a letter from the above to Alderman Callaghan on parking in Cumberland. The Mayor referred same to Street Committee. ILLINOIS COMMERCE COMMISSION ON BUS FARE INCREASES. The Clerk informed the Council he had a letter from the above on fare increases. The Mayor instructed the Clerk contact the officials of United Motor Coach. The Clerk informed the Council he had a letter from a person on Maple Street complaining of odors from the Glen Acres Trailer Park. Also a letter the State Department of Health regarding the Trailer Camp proposed alteration to include the addition of one independent space, the increase of water storage and making connection to municipal sewer. The Mayor requested that Superintendent Warnicke and Chief Kolze make inspection. STATE AGREEMENT OF MAINTENANCE OF STREETS. The Clerk informed the Council he had received the State Agreement for City streets No. 14 and 45 for the period July 1, 1957 to June 30, 1958, which will automatically extend to June 30, 1959 unless a notice of change is requested. On motion by Alderman Rateike and second by Wright the Council authorized the Mayor and Clerk to execute same. KENNETH MEYER LETTER REQUEST TO RECONSIDER THE MATTER OF A. & P. DRIVEWAY. The Clerk read the above letter and the Mayor referred the letter to Street Committee, and Safety Council. APPLICATION DRIVEWAY FOR FIRST NATIONAL BANK PARKING LOT. The Clerk read a letter regarding driveway for the above. The Mayor referred same toStreet Committee. SRODUISKIIS RESUBDIVISION PLAT. The Clerk submitted the above plat. The Mayor referred same to Plan Commission. c 1 i 6-3-57 501 ORDINANCE CHANGING STREET NAME. The Clerk read the above ordinance changing Rose Drive to Sunset drive for first reading. ORDINANCE CHANGING STREET NAME. The Clerk read the ordinance changing Scott Street, one block west of Curtis, to Sycamore Street, for first reading. ORDINANCE FOUR WAY STOP AT THACKER AND SECOND. The Clerk read for first reading the above ordinance.. VINCENT RALPH REAPPOINTED DIRECTOR OF CIVIL DEFENSE. On motion by Alderman Wexler and second by Prickett, the Mayor reappointed Vincent Ralph, Director of Civil Defense. ADJOURNMENT. The motion was made by Alderman Tures and seconded by Nelsen to adjourn. 1.1-tAA.AZ)4 Otto W. ¶'. Henrich City lerk .MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN COUNCIL ROOM, CITY HALL, JUNE 17':1957 &T 8:00 P.M. CALL TO ORDER. The meeting was called to order by Mayor Herbert H. Behrel who presided with .Alderman Rateike, Dunlap, Wright, Neff, Wexler, Martin, Figard, Tistle, Nelson, Bell, McKay and Callaghan responding to roll call. Alderman Tures and Prickett were absent. APPROVAL OF MINUTES. The motion was made by Alderman Dunlap and seconded by Callaghan to approve the minutes of June 3, 1957. The motion was voted upon by acclamation. OFFICIAL REPORTS. The Clerk submitted the report of City Treasurer Eichner for May. Chief Kolze reported of hazard at dam in river south of railroad bridge. The Clerk was instructed to write a letter to the Forest Preserve District to have them contact Chief Kolze about placing a sign of danger. OPEN BIDS ON MOSQUITO SPRAYING. There was only one bid, which was from the Clarke Outdoor Spraying Company for $715.00, and was opened on motion by Alderman Dunlap and second by Bell. The Mayor referred same to Sanitation Committee. OPEN BIDS ON LIME HANDLING EQUIPMENT. On motion by Alderman Figard and second by Tistle the Clerk was instructed to open the bids on Lime Handling Equipment. The following bids were received: Lowe Machinery Co.,612 N. Michigan Ave.,Chicago 11,I11. $11,350'.00 Dracco Corp., 4063 E. 116th Street,Cleveland 5, I11. $21,288.00 On motion by Alderman Dunlap and second by Tistle the bids were referred to City Engineer, Water and Finance Committees. OPEN BIDS ON PROSPECT AVENUE PAVING. On motion by Alderman Tistle and second by Figard the bids for paving Prospect Avenue were opened by City Clerk. The following bids were received: Allied Asphalt Paving Co.,13912 S.Halsted St.,Chicago 27,I11. $26,460.00 Arcole Midwest Corp.,3225 Main St., Evanston, Illinois $28,231.50 Rock Road Construction,5915 N. Rogers,Chicago 30,Illinois $28,397.00 On motion by Alderman Tistle and second by Nelsen the bids were referred to City Engineer, Superintendent of Public Works and Street Committee.