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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.
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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.
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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.
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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
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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.
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/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.
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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.
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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:
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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
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