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07/15/1957510 REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN COUNCIL ROOM, CITY HALL, JULY 15, 1957. AT 8:00 P.M. CALL TO ORDER. The meeting was called to order by Mayor Herbert H. Behrel who presided with (Aderman Tures, Wright, Neff, Wexler, Figard, Tistle, Nelsen, Bell, McKay and Callaghan responding to roll call. !Alderman Martin arrived several minutes later. Alderman Rateike, Dunlap and Prickett were absent. APPROVAL OF MINUTES. The motion was made by Alderman Callaghan and seconded by McKay to approve the minutes of July 1, 1957. The motion was voted upon by acclamation. Mayor Behrel commented upon the work of the City officials and employees on their services during the storm July 12. OFFICIAL REPORTS. The Clerk submitted the reports of Treasurer Eichner for June and the six months report of Fire Chief Kolze. Also a report of Superintendent Warnicke regarding the July 12th storm. ADVERTISE BIDS ON STREET WORK. On request of Engineer Fletcher the bids on Street Maintenance on Arterial and Non -Arterial Streets and paving and storm sewer for Everett Street are to be advertised to'be returned August 5th. On request of Alderman Neff, the Mayor referred the paving of Jeannette and Walnut Streets to the Streets Committee. RIVER AND RAND ROAD ANNEXATION. Alderman Bell reported an annexation of the Northwest corner River and Rand Roads. The Municipal Development Committee recommended not to annex due to use of water..for car wash. The motion was made by Alderman Bell and seconded by Tistle to concur in the report. After discussion it was referred back to the Committee to reconsider. REZONING AT MANNHEIM AND TOUHY. Alderman Bell reported the following regarding the rezoning, if annexed, the Southwest corner Mannheim and Touhy. Your Committee on Municipal Development has investigated the above and has found: Zoning Board recommends property not be zoned Industrial. Property is surrounded on 3 sides by residential or schools. Property is diagonally opposite Bauski property now being Considered industrial vs. residential by supreme court. We, your Committee on Municipal Development, therefore recommend: Zoning Board of appeals rul4ng be upheld. Property remain zoned farming. On motion by .Alderman Bell and second by Neff the Council concurred in the report. DRIVEWAYS 1490 Oakton Street APPROVED. Alderman McKay reported that the Street and Traffic Committee recommends that the application of Thornton Oil Company for permit for three driveways for proposed gas station at 1490 Oakton Street be approved with the understanding that width of each driveway shall not exceed 25 feet. On motion by Alderman McKay and second by Martin the Council concurred in the recommendation. SIDEWALK AT FOREST AVENUE SCHOOL. Alderman McKay reported Streets and Traffic Com- mittee has investigated and found: There is a sidewalk across the Forest Avenue parkway in front of the school where the children can, and should cross. However, there is no sidewalk along the side -yard of the property on Northwest corner of Forest and Earl, and for the safety and convenience of school children and others coming from east and north of the intersection of Forest and Earl, this property owner should be notified to install sidewalk. Your Committee recommends the property owner be notified accordingly. Suggest the matter of an additional crosswalk over the school parkway at Fourth Avenue be referred to the Safety Council. On motion by Alderman McKay and second by Bell the Council concurred in the report. DRAINAGE RIVER STREET AND MASON LANE. .Alderman McKay made the following report: The Street and Traffic Committee has a report from .Alderman Dunlap concerning drainage problems in River Street and Mason Lane. Rains cause flooding from curb to curb. 1 511 DRAINAGE RIVER STREET AND MASON LANE,(Cont'd.) Committee recommends that until corrections can be made to drain these streets property, that Superintendent of Public Works instruct street crews not to open present drains to permit eicess waters to run off because under existing conditions opening the drains floods certain basements. Committee also recommends that these two streets be scheduled by the Superintendent for earliest possible permanent relief. On motion by :Alderman McKay and second by Martin the Council concurred in the report. PARKING ON ALMS STREET. Alderman McKay made the following report: Subject: Ordinance covering parking ore Bide of certain streets, changing street side each year. With reference to attached petition from residents of 300 block Alles Avenue, also Ald. Dunlap's memo. of June 24th. Your Committee on Street and Traffic recommends that the ordinance covering no parking on one side of certain streets, and changing the side from year to year, be amended so that those blocks which are built up on one side only or where the build- ESZ ings on one side outnumber those on the other side by more than two to one, be 0 excepted from the yearly change and that the parking prohibition apply only to that piJ side of the block where there are no buildings or less than half the number on the other side. The City Attorney to prepare an ordinance. <1 On motion by Alderman McKay and second by Martin the Council concurred in the report. ALDERMAN NELSEN REPORTED ON FINGER -PRINTING EQUIPMENT NEED FOR POLICE DEPARTMENT. On motion by Alderman Nelsen and second by Martin, bids are to be advertised for the equipment for a total of $875.00 to be returned August 5, 1957. Alderman Nelsen reported about a new and lower priced parking meter for the Chicago and Northwestern Parking Lot. The Council will be able to see a demonstration of this meter Saturday morning. On motion by Alderman Nelsen and second by Figard, the Council approved to advertise for bids for 39 double meters, the bids to be in August 5, 1957, meeting. P. & W. FARM MACHINERY COMPANY AWARDED BID ON TRACTOR $4,300.00. Alderman Tures reported that the Ford tractor is the most suitable for type of work done by the City. The Water Committee recommend that the bid of P. & W. Farm Machinery Company for $4,300.00 be accepted and other bidder's checks be returned. The Mayor put the question and the Clerk called the roll. Ayes: Alderman Tures, Wright, Wexler, Figard, Nelsen, Bell, McKay and Callaghan. Nays: Alderman Neff, Martin and Tistle. The Mayor declared the motion carried. 1 1 LIME HANDLING EQUIPMENT BIDS REJECTED. Alderman Tures reported that both bids did not include erection or installation of equipment, therefore recommend the City readvertise for bids on complete job and checks returned. On motion by Alderman Tures and second by Bell the Council concurred in the report and to advertise bids to be returned August 19, 1957, meeting. HIGGINS WATER COMPANY. Alderman Tures reported that the Water Committee recommended any future development in Orchard Place area be studied by both the Municipal Develop- ment land Water Committees and be contingent on possibility of supplying of water. The possible purchase of Higgins Water Company be referred to the Finance Committee for study. On suggestion of Alderman Neff the Parking Meter Committee is to consider the use of Chicago and Northwestern parks between Lee and Graceland for parking lots. Alderman Wright reported he had an amended ordinance for Library Bonds and that it should be placed on passage. The Mayor said it would be presented under new business. TRANSFER $4,000.00 SALES TAX TO LIBRARY CONSTRUCTION. On motion by Alderman Wright and second by McKay the Council approved to transfer $4,000 Sales Tax money to Library Construction Fund. 51? 7-15-57 Alderman Neff reported that she had given each :Alderman a list of people working on code. AWARD GASOLINE BID TO WESTFIELD MOTORS. Alderman McKay reported the Finance Committee had investigated gasoline bids and recommend that the lowest bid submitted by West- field Motor Sales be accepted. Bid submitted 1 cent over Chicaio Dealer Tank Wagon price for regular grade gasoline at least 91 octane. The motion was made by Alderman McKay and seconded by Callaghan to concur in the report. The Mayor put the question and the Clerk called the roll: Ayes: :Alderman Wright, Tures, Neff, Wexler, Martin, Figard, Tistle, Nelsen, Bell, McKay and Callaghan. Nays: None., The Mayor declared the motion carried. APPROVAL OF BILLS. Alderman McKay 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 copy of resolution placed before each Alderman and on file with City Clerk.) Total $231.53. The motion was made by Alderman McKay and seconded by Bell to adopt the resolution. The Mayor put the question and the Clerk called the roll: :Ayes: Alderman 'Wright, Tures, Neff, Wexler, Martin, Figard, Tistle, Nelsen, Bell, McKay and Callaghan. Nays: None. The Mayor declared the motion carried. Superintendent Warnicke reported that there were two confirmed cases of Dutch Elm Tree disease at Prospect and .Ash and 160 N. Wolf Road. HIGGINS WATER COMPANY HEARING: The Clerk read the following letter: Re: Joseph DeLeonardi, et al vs. Higgins Water Company and The City of Des Plaines Case No. 44138 - I11. Commerce Commission In accordance with your instructions and the instructions of the Committee on Water, I appeared at the hearing before the Illinois Commerce Cbmmisaion on the above cited case at 2 P.M. on July 10th, 1957. The case was heard by Examiner Francis Cody and Attorney George Jirgal was present with his client, Julian Tuber, President of Higgins Water Company. A. Jerome Moos Attorney for the Petitioners was present with Mr. Julius Cohen, President of Pleasant Homes, Inc. I had been informed by the Committee on Water that it was not convenient nor feasible for the City of Des Plaines to furnish water to the Subdivision in question at this time. I testified to this fact at the hearing. After all of the evidence was in, a Certificate of Necessity and Convenience was issued to the Higgins Water Company, but they were ordered to pay all costs of connec- tions to their water mains and further ordered not to make any charges against the new residents of Des Plaines. The Higgins Water Company's customary charge had been $250.00 per home owner, $150.00 of which would be refunded whenithe home owner sold his home. I trust that this meets with your approval. The Mayor ordered it placed on file. /s/ James J. Dowd 1 1 1 7-15-57 COMMONWEALTH EDISON HEARING. The Clerk read the following letter: Re: Illinois Commerce Commission Case No. 44235 Commonwealth Edison Petition Gentlemen: In accordance with your instructions I investigated the above matter and learned that there are 300 respondents named in the petition of the Commonwealth Edison Company. These respondents are all of the Cities and Villages surrounding Chicago. There was no possible means of having this case continued on the motion of the City of Des Plaines. As you know, the hearing was set for July llth at 10 A.M. at 160 North La Salle Street. This petition for an increase in rate concerns only an increase in the event Commonwealth Edison erects and maintains street lights in a city or a village. It will in no way effect an increase in any other street lighting. 1,0 We will receive notice of the decision of the Illinois Commerce Commission within C several weeks. I am pleased to be of service to you. 1 1 /s/ James J. Dowd The Mayor ordered it placed on file. The Clerk read the following letter: Gentlemen: I am sorry to inform you that Judge Fisher has entered a judgment order finding the zoning ordinances of the City of Des Plaines invalid and void as they affact the property of Mrs. Alvina Eckardt at the corner of River Street and Des Plaines Avenue, Des Plaines, Illinois. We appeared before Judge Fisher this afternoon and after a lengthy legal argument, in which he once again insisted that the private right of the property owner transcends any public good which he saw in this zoning, and, after pointing out that the commer- cial zoning was encroaching on this territory to the north, south and east, declared it was unreasonable to forbid the use of a nursing home on this property and entered a judgment to that effect. The judgment being entered today, July 11, 1957, we have until September 9th to prepare and serve a notice of appeal in this matter. I shall be glad to discuss with the Council or the Judiciary Committee or any group which you designate any questions which you may have regarding the possibility of an appeal. /s/ Marshall S. Howard The Mayor referred the letter to the Judiciary Committee. The Clerk read a letter from Harry L. Kinser, President of Safety Council, regard- ing traffic hazard on Fifth Avenue near Oakton. The Mayor referred the letter to the Street Committee. The Clerk read a letter from Plan Commission that they signed the De Mucci plat but it did not concorm to their recommendations. The Clerk received a report from Plan Commission that the Trecinski's Subdivision Plat had been returned due to incomplete signatures. 513 514 7-15057 CHICAGO AND NORTHWESTERN LETTER. The Clerk read a letter from the Chicago and North- western Railway that the blocking Golf and Wolf crossings will be handled with all crews in this territory. That the Wolf Road crossing repairs was referred to the Engineering Department. Alderman McKay requested that Superintendent Warnicke should see if they repair same. ADOPT 1957 TAX LEVY ORDINANCE. The Clerk read for second reading the,1957 Tax Levy Ordinance. The motion was made by Alderman Tures and seconded by Callaghan to adopt the Ordinance. The Mayor put the question a nd the Clerk called the roll: Ayes: Alderman Wright, Tures, Neff, Wexler, Martin. Figard, Tistle, Nelsen, Bell, McKay and Callaghan. Nays: None. The Mayor declared the motion carried. ADOPT ORDINANCETTOR ACQUISITION "OLD NORTH SCHOOL SITE." The Clerk read for second reading the above ordinance. The motion was made by Alderman Nlartin,and seconded by Neff to adopt the ordinance. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Wright, Tures, Neff, Wexler, Martin, Figard, Tiptle,'Nelsen, McKay, and Callaghan.. Nays: Alderman Bell. The Mayor declared the motion carried. POSTPONE OPENING BIDS ON ROOFING CITY HALL. The Clerk informed the Council he had received only one bid for reroofing City Hall. On motion by Alderman Martin and second by Tistle the Council postponed opening the one bid and instructed to readvertise for bids to be returned August 5th meeting. REZONING APPLICATION NORTHWEST CORNER RAND AND CORNELL. The Clerk read the zoning application of above, Single Family to Commercial. On motion by Alderman Bell and second by Martin it was referred to Zoning Board of Appeals sitting as a Commission to c all a hearing. REZONING APPLICATION 915 GRACELAND AVENUE. The Clerk read the zoning application of above, Single Family to Multiple Dwelling. On motion by Alderman Martin and second by Bell the Council referred to Zoning Board of Appeals sitting as a Commission to call a hearing. APPLICATION FOR ZONING VARIATION 983 PRAIRIE AVENUE. The Clerk read the zoning variation application above for "Use of Lot". On motion by ,Alderman Martin and second by Neff the Council referred to Zoning Board of Appeals sitting as a Commission to call a hearing. FIRST READING RESTRICT PARKING MILL AND RIVER STREET. The Clerk read. for first reading the ordinance restricting 3 hour parking on Mill and River Streets. ADOPT $450,000 PUBLIC LIBRARY BUILDING BONDS.ORDINANCE. The Clerk read for first reading the following ordinance entitled: AN ORDINANCE Providing for the Issue of $450,000 Public Library Building Bonds of the City of Des Plaines, Cook County, Illinois, Confirming Sale of Said Bonds to the Purchaser thereof, and Providing for the Levy of a Tax to Pay principal and Interest on the same. The motion was made by Alderman Tures and seconded by McKay to place the ordinance on passage. The Mayor put the question and the clerk called the roll: Ayes: Alderman Wright, Tures, Neff, Wexler, Martin, Figard, Tistle, Nelsen, Bell, McKay and Callaghan. Nays: None. The Mayor declared the motion carried. The motion] was made by Alderman McKay and seconded by Tures to adopt the ordinance. The Mayor iut the question and the Clerk called the roll: Ayes: Alderman Wright, Tures, Neff, Wexler, Martin, Figard, Tistle, Nelsen, Bell, McKay, Callaghan. Nays: None. The Mayorldeclared the motion carridd. FIRE PENSION AUDIT. The Clerk informed the Council he had received the audit of Firemen's Pension Fund from the Department Insurance. This is a new procedure so the Mayor referred the audit to the Finance Committee. LI SAFETY COUNCIL LETTER, RAND PARK TRAFFIC. The Clerk read the following letter: Dear Sirs: Re: Miner St. crossing between Rand Park and N. side of Street In response to complaints of parents and neighbors, the Safety Council has investigated and found that an emergency exists at the above crossing for the follow- ing reasons: 1 1 1 7-15-57 SAFETY COUNCIL LETTER, RAND PARK TRAFFIC.(Cont'd.) 1. More children cross each day at this location during the summer months than use any school crossing during the winter. 2. This is a heavily traveled main highway used by a high proportion of interstate traffic. 3. A bus -stop is located at this location but there is no,intersection such as would.put drivers on notice of pedestrian traffic; yet many children impulsively run across the street to catch the bus at this place. 4. While the Park District has stationed an employee to guardthe crossing at times, he has no authority to make arrests and has been unsuccessful in stopping traffic to the extent necessary to maintain safety. The Safety Council therefore recommends as'follows: a. A city polieman should be stationed at this crossing during times it is used by children in the summer OR b. the Park District employee should be deputized by the city police depart- ment, and uniformed. c. White and yellow crossing lines should be painted on the paving. Please note that the above recommendations are made without a�complete or exhaustive study, to meet the existing emergency. The Safety Council will continue to study the problem and will make further or substitute recommendations when a complete investigation has been made. /s/ Harry L. Kinser, President Superintendent Warnicke was instructed to contact State Highway Department regarding signs and it was suggested a crossing policeman be there. SWIMMING ,POOLS ON PRIVATE PROPERTY. Alderman Martin informed the Council the Building Control and Inspection Committee were considering an ordinance to regulate these pools, which the Mayor referred to that Committee. The Mayor appointed Vincent Ralpli as contact person for Fsd Cross for the City of Des Plaines. The Mayor had received call if help was needed regarding the flooding of homes. The Mayor referred an apartment building permit, 541 Wolf Road (Golf Road or about 25 Wolf Road) to the Building Control and Inspection Committee. EMERGENCY HEIS. On motion by Alderman McKay and second by Tures the Council granted Superintendent Warnicke permission to employ extra men and to rent trucks to clean up the debris from storm. ADJOURNMENT. The motion was made by Alderman Tures and seconded by Wright to adjourn. The motion was voted upon by acclamation. o W. J. Henrich City Clerk 515