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12/02/19575b (3 11/18/57 Locomen Eley had reported to the Mayor that some: of the Parking.Lots property was not marked exempt from taxes on Assessors rolls. The Mayor referred to the Judiciary Committee regarding the filing of suits, to get injunctions against taxes on all City property. ADJOURNMENT. The motion was made by Alderman Tures and, seconded by Martin to adjourn. The motion was voted upon trAcclamation. Otto W. !. Henrich - City Clerk . MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAI14ES, ILLINOIS, HELD IN THE COUNCIL ROOM, CITY HALL, CALL TO ORDER. The meeting was called to order by Mayor rbert A. Behrel with Alderman Martin, Figard, Prickett, Tistle,.Be11, McKay, Callaghan, Rateike, Dunlap Tures, Wright, Neff and Wexler responding to roll call. The Mayor informed the Council that Mr. Matousek from recorders office was present regarding the Herzog Plat case and asked Mr. Opeka to report. Mr. Opeka said the Clerk had his report and requested the report be read. The following is the report: I ' The above entitled cause was filed in the Circuit Court of Cook County under Document No. 57 C 16330. The Complaint as directed; was prepared on the basis that the plat of Waycinden Park did not carry the approval of the City Council and therefor should not have been registered. The prayer of the Complaint was for a temporary injunction to restrain the developer from selling lots from said plan and to restrain the Registrar from accepting any documents of conveyance as reflected by said plat of subdivision pending the disposition of the ultimate relief which is for a mandatory injunction to expunge the plat of subdivision from the Registrar's records because it did not comply withlthe statute and ordinance requiring approval by the corporate authorities of the City of Des Plaines. No temporary injunction request was made for the reason that the 'Registrar has cooperated to the extent that he would not accept any documents affecting said subdivision and for the further reason that the developer was unable to open any loans for the construction of buildings. The defendant Herzog then answered the Complaint and filed a Counter -claim for a mandamus to compel the City Council to approve the plat and to have it executed by the Mayor and City Clerk on behalf on the Council. My answer to the Mandamus petition consisted of a statement that there is no plat before the City Councii because of its physical removal by its defendant Herzog and therefore mandamus could not lie, said plat having previously been registered. The Court agreed that the Petition was not sufficient, however, the Court indicated that the Petition could be amended after a refusal of the City Council to approve said plat which presumably complies with all ordinance requirements of the City of Des Plaines (a transcript of the last proceedinga in Court is!submitted here- with), The Court further indicated that the defendant should submit the present plat to the City Council for its approval at its next meeting to!be.held on December 2, 1957 and that if the Council refused to approve aaidl.plat then a writ of mandamus might issue on Tuesday, December 3, 1957. The object for which my services were engaged was adoompliahed to the effect that the Registrar and Recorder will accept no plats unless they. meet the statutory requirements. The only question then remaining is whether or not the plat meets the requirements of the Des Plaines ordinance pertaining to subdivisions. It appears that the plat does meet all such requirements and in the absence of the requirement for a dual sewer system in the one and one-half mile:area, the Petition for Mandamus may be well founded and the City has no defense to offer thereto. Accordingly it is suggested that the plat be approved in accordance with the . resolution which is submitted herewith to maintain a victory gained and to legalize the registration of said plat. By that is meant that if the plat is approved by your body, the Registrar will -have to reregister said plat and give it a new number after which the suit can be dismissed the object having been accomplished. Respectfully submitted, /s/ Frank1M. Opeka 12/2/57 567 After considerable discussiofi in which Mr. Matousek appealed to have theplat signed the motion was made by Alderman Tures and seconded. by Rateike to approve the report. The Mayor put thequestion and the Clerk called the roll with the following results: Ayes: Alderman Prickett, Tistle, Bell, Rateike, Wright and Tures, Nays: Alderman Martin, Figard, J1oKay, Callaghan, Dunlap, Neff, Wexler.:_ The Mayor declared the motion lost. The motion was made by Alderman Tistle and seconded by Prickett to authorize the Mayor and Clerk to sign the plat. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Prickett, Tistle, Bell, Rateike, Wright and Tures. Nays: Alderman Martin, Figard, McKay, Callaghan, Dunlap, Neff, and Wexler. The Mayor declared the motion lost. APPROVAL OF MINUTES. The motion was made by Alderman Prickett and seconded by Tistle to approve the minutes of November 18,.1957. The motion was voted upon by acclamation. OFFICIAL REPORTS. The Clerk submitted the reports of,the Building Commissioner and City Clerk for november. Attorney Dowd reported that the Chicago and Northwestern Railway would not approve the leasing of the parks between Lee Street and Graceland Avenue. He said on phoning the Land Commissioner for their reason of not leasing the parks was that the City refused to,rezone the Chicago and Northwestern land at Cumberland station for lumber yard. PROSPECT AVENUE GATES. Engineer Fletcher reported he had specifications for the Railroad gates at Prospect Avenue. The Mayor referred same to the Street a nd,Finance Committees.. Attorney Dowd reported he had summons on the McKay-Nealis Builders case regarding the five lots on Rose Avenue. The Mayor referred the summons to the Judiciary Committee. •The Mayor informed the Council there were two types of bids and that bidders being present thought the bids should be opened. On a motion by Prickett and ,second by Rateike the Clerk was instructed to open the bids for demolishing the old North School. The,follQwing are the alternate bids: Atlas Wrecking Company, Chicago $ 4,250.00 Midwest Wrecking Company, Chicago 3,700.00 Cleveland Wrecking Company, Chicago 4,700.00 Ashland Iron 8t Steel Company, Chicago 2,385.00 Progress Lumber Company Northlake City 1,850.00 The Mayor referred the bids 10 the Public Buildings and Finance Committees and Superintendent Warnicke. On a motion by Alderman Prickett and second by Callaghan the Clerk wag instructed to open the bids on replacing water mains near Rand Road and Miner Streets. The following bids were received: Preston Woodall Company, Glenview, Illinois $ 9,477.50 Rossetti Contracting, Chicago 8,395.00 Joe B. Divito Company, Des Plaines 7,780.00 The Mayor referred the bids to the Water Committee.and__Engineer Fletcher. The Mayor declared a recess so the committees could check the bids. After reconvening the motion was made by Alderman Rateike and seconded by Tistle to award the bid to the Progress Lumber Company for $1,850.00 and to return the checks of the unsuccessful bidders. The Mayor put the question and the clerk called the roll with the following results: Ayes: Alderman Martin, Figard, Prickett, Tistle, Bell, McKay, Callaghan, Rateike, Dunlap, Wright, Tures and Wexler. Nays: None. The Mayor declared the motion carriid. The motion was made by Alderman Tures and seconded by Bell to award the bid for the water main to the Joe B. Divito Company for $7,780.00 and return the checks of the other bidders. The Mayor put the question and the clerk called the roll with the following results: Ayes: Alderman Martin, Figard, Prickett, Tistle, Bell, McKay, Callaghan, Rateike, Dunlap,Wright.and Tures. Nays: None. The Mayor declared the motion carried. PARK DEEDS. Alderman Rateike reported he had contacted Loewenberg and Loewenberg Company regarding the lot for park and they will deed the lot to the park District, 'He, also ' said the' _: - r 1 Public Building Committee recommended the City deed .the DlMucci lot to the Park District. The motion was made by Alderman Reteike and seconded by Bell to approve the recommendations. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Martin,, Figard, Prickett, Tistle, Bell, McKay, Callaghan, Rateike, Dunlap, Wright, Tures and4exler. Nays: None. The Mayor declared the motion carried. Alderman Callaghan reported the following: Your Committee on License and Inspection has investigated the above and has found: That the drawing and enforcing of a city ordinance governing nursing homes should not be undertaken at this time. The number of these homes in Des Plaines does not now warrant this action. It should be pointed out that if we adopt such an ordinance, we will still have to report to the State Department of Public Heslth,'for the Department's approval, which would seem to lead to a•duplication of effort. Further, through meetings with the interested parties, and a representative of the State, a better climate of understanding has been•reached.j This does not mean that the door should be closed for the future to consideration of a nursing home ordinance. We, your Committee on License and Inspection, therefore recommend That no action be taken on an ordinance requiring the licensing and inspection of nursing homes in the City of Des Plaines at this present time. 12/2/57 568 /s/ John D. Callaghan /s/ L. E. Martin /s/ Mary V. Neff On a motion by Alderman Callaghan and second by Martin the Council concurred in the report. DISPOSITION OF ANIMALS. Alderman Dunlap made the following report on Dr. Wright's fees for.disposition of animals: Your Committee on Sanitation has investigated the above and has found that: 1. the current charges in effect are, for special reasons in effect when they were established, substantially underrates charged by vetinarians for the same services to other cities and individuals; 2. present charges to the city are $1.25 per day for pet animals of all breeds and sizes for a limit of six days, and $3.00 for euthenasia if not claimed by the owner during that time; 3. Dr. Wright has performed these serfices satisfactorily and that his availability on a 24 hour basis is important to the Police Dept. in promptly placing strays under proper care; 4. Dr. Wright haskagreed to a revision of the rates that he requested in his original proposal. We, your Committee on Sanitation therefore recommend: that the following charges be approved for the Wright Animal Hospital: Cats $1.25 Euthenasia $4.00 Dogs 1.50 Euthenasia 6.00 /a/ Robert M. -Dunlap, Chairman /s/ S. E. Wexier The motion was made by Alderman Dunlap and seconded by Wexler to approve the report. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Martin, Figard, Prickett, Tistle, Bell, McKay, Callaghan, Rateike, Dunlap, Fight and Tures. Nays: None llderman Neff not voting due to interests. The Mayor declared the motion carried. Alderman Dunlap reported that delinquent garbage bills were being referred to the City Attorney for collection that if not paid within ten days!of receipt of his letter he would file suit for collection. Alderman Dunlap reported that Park Ridge and Des Plaines City Officials aro discussing the construction of incineration for both cities. The Mayor commended Alderman for his efforts of collection of garbage bills but did not approve of the publication of,names in the papers because there may be,action for liability suits. CITY ADMINISTRATOR ORDINANCE. Alderman McKay requested that there be a meeting of the council as a Committee of the Whole Monday December 9, 1957 regarding the City Administrator ordinance. Alderman Martin presented an amendment for the above ordinance and made the motion to accept the amendment which was seconded by Callaghan. Alderman McKay said the motion was out of order that it should be presented at_the December 9th meeting. After discussion the motion sed second weee.withdrawn. 1 1 Alderman Martin reported on the plat received from Mr. Tuthill, State Highway Engineer, regarding the traffic hazzard at Rand and River Roads. He said there • would be a meeting at Tuthill's office in Chicago, Tuesday_,December 10th at 1 1S'J CD On a motion by Alderman Wright and second by Tures the Council concurred in the report. ‹t APPROVAL OF BILLS. Alderman Prickett presented theme following resolution: 12/2/57 5 6 9 3:00 P.M. if any of the Aldermen wish to attends Alderman McKay was excused at this time and retired from the meeting. • LOUIS REDEKER GRANTED USE OF WATER. On a motion by Alderman Tures and second by Rateike the Council approved to allow Redeker to connect to City Water mains. . CHARLES COLLET GRANTED USE OF WATER. On a motion by Alderman Tures and second by Prickett the Council approved to allow Collet to connect the City Water main. LIBRARY TAX RATE. Alderman Wright made the following report: Des Plaines Public Library Board in its regular meeting of November 26, 1957 by motion duly seconded and passed, requests that the City Attorney be instructed to form a resolution asking for a revision of the ordinance dated December 17, 1951, "An Ordinance Establishing Maximum Tax Rate Limit for the Public Library Fund of the City of Des Plaines", 'from 0.0690 per cent of the assessed value', 'to 0.10 per cent of the assessed value' of all taxable property within the said City of Des Plaines. 1 mill rate. .10% = .00100 .0690% = .00069 /s/ L. A. Wright, Chairman 1 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT'THE FOLLOWING BILIS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total $78,458.86. (A copy of the resolution placed before each Alderman and on file with the City Clerk.) The motion was made by Alderman Prickett and seconded by Bell to adopt the resolution. The Mayor put the question and the clerk called the roll with the following results: Alderman Martin, Figard, Prickett, Tistle; Bell, Callaghan, Rateike, Dunlap, Wright and Tures. Nays: None. The Mayor declared the motion carried. PREMIER*BAUSKE CASE. Mayor Behrel reported that with Alderman Wexler's approval he advised Marshall Howard to petition for a rehearing. The following is Mr. Howard's report: By the time this comes to the Council floor you will all have heard, I think, that the city has lost the zoning case involving the Bauske and Premier Rose Garden tracts at Mannheim and Touhy in Des Plaines. I am very aorry to have to inform you officially that the Supreme:Court of Illinois affirmed Judge Fisher's decision on November 20rp 1957. For•the record, I am enclosing herewith a copy of the Supreme Court's. opinion in.the matter. There is very little comfort to be obtained from the opinion and very little indication that this case was defended as vigorously and diligently as humanly possible, with the possible exception of the judge's comment that "the.record is voluminous" and that "the master's report insisted of 91 pages", and except for the further fact that the court took an:extra two months to come out with this decision over that normally required. This case was argued in the May term in the court and we would normally have had a decision at the September term. The court simply adopted.almost entirely the theories of the plaintiffs and the findings of Master In Chancery Sheppard. If the eight long pages of the opinion could be summed up, it could be said that the court's decision is based on the following factors: 1. The existence and proximity of O'Hare Airport. 2. The heavy traffic on Mannheim Road. and the fact that the Soo Line Railroad runs through the property. 3. The semi -industrial use which the property now has with chimneys, switch tracks for coal and other materials, boiler plants, trucking etc. 57.Q 12/2/57 Marshall Howard letter continued: 4. The semi -vacant nature of the surrounding area and what the court alleges to be the modest nature of the residential development. 5. .The so-called attrativeness, with screened planting, alleged traffic control, etc. of plaintiffs' plan for industrial development. This is a somewhat inadequate summary of the court's position and tor anyone who is interested, I should recommend a reading of the complete opinion. Pursuant to the instructions of Mayor Behrel and of Judiciary Committee Chairman Wexler, I am working on a petition for rehearing, which will probably have been filed by the time this report reaches the Council. May I suggest that inasmuch as part of the court's decision is based on plaintiff's so-called plan of development, that we try to see to it that any industrial development of this property does conform strictly to the proposed plan. Perhaps, in the alternative,. we could contact the owners of this property and work out an even better plan. To some extent any plan for industrial development needs the cooperation of the city authorities, especially with reference to sewer and water supply conformity with buildingiregulations, etc. If we must have an industrial development of this property, let us try to make sure it is the best possible in terms of appearance and tax value and,the least obnoxious as far as surrounding neighborhoods are concerned. Yours very truly, /s/ Marshall S. Howard W. J. BERTRAM. 275 THACKER STREET VARIATION. The Clerk read'the report of Zoning Board granting a variation for use of retailing of food and merchandise but for no expansion of building thereof. The Mayor orderedithe report placed on file. REZONING TO LIGHT INDUSTRIAL - WOLF. ITCHY. HOWARD. The clerk read the recommendation of the Zoning Board on the above property to rezone to Light Industrial. On a motion by Alderman Dunlap and second by Prickett the Council approved the recommendation but the City Attorney to contact Mr. Anderson for letter that he will allow the Council to approve the companies they will admit on property, also attorney to draft a zoning and annexation ordinancies. TheXlerk read a report from Plan Commission that the Ella Hackers Subdivision had been abandoned. The Clerk read the report of Zoning Board that they had granted a'variation for two family at 1776 White Street. The Mayor ordered it placed on file. HARRY L..KINSER. SAFETY COUNCIL LETTER. The Clerk read the above'letter regarding hazzard at Thacker Street and Second Avenue. The,Mayor;referred the letter to the Street Committee and Traffic,Commission. HARRY L. KINSER LETTER - CUMBERLAND SCHOOL. The Clerk read the above letter and a letter from Safety Chairman, Cumberland P.T.A. regarding several items of street markings and speed limits. The Mayor referred the letters to the Street Committee and Traffic Commission. K. G. MEYER LETTER ABOUT EVERETT STREET AT SCHOOL. The Clerk read the above letter about black topping loading area at South School. The Mayor referred the letter to the City Engineer and Superintendent Warnicke. ,500 LINE HORN BLOWING. The Clerk read a letter from Secretary Cumberland East Civic Association about the above. The Mayor instructed the Clerk to write the Soo Line. ADOPT ALLEY VACATION ORDINANCE. The Clerk read for first reading, the alley vacation ordinance for Contour Saws alley. The motion was made by Alderman Rateike and seconded by Tures to suspend the rules and. place the ordinance on passage. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Martin, Figard, Prickett, Tistle, Bell, Callaghan, Rateike, Dunlap, Wright and Tures and Neff. Nays: None. The Mayor declared the motion carried. 1 12/2/57 5 71 The motion was made by Alderman Bell and seconded by Rateike to adopt the ordinance. The Mayor put the question and the Clerk called the roll with the .following results: Ayes: Alderman Martin, Figard, Prickett, Tistle, Bell, Callaghan, Rateike, Dunlap, Wright and Dunlap, Wright, Tures, Neff and Wexler. Nays: None. The Mayor declared the motion carried. FIRST READING OF AN ORDINANCE:TO DISCONTINUE GARBAGE COLLECTION CHARGE. The Clerk read for first reading the above ordinance. �DQPT ORDINANCE CALLING A SPECIAL ELECTION FEBRUARY 4, 1958. 'The Clerk read for 'first reading the above ordinance the motion was made by -:Merman Rateike and seconded by Tures to suspend the rules and adopt the ordinance. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Martin, Figard, Prickett, Tistle, Bell, Callaghan, Rateike, Dunlap, Wright, Tures, Neff and Wexier. Nays: None, The Mayor declared the motion carried. The motion was made by Alderman Prickett and seconded by Bell to adopt the ordinance. The Mayor put the question and the cler called the roll with the following results: Martin, Figard, Prickett, Tistle, Bell, Callaghan, Rateike, Dunlap, Wright, Tures, Neff, Wexler. Nays: None. The Mayor declared the motion carried. Lr1 ADOPT ORDINANCE REPEALING RULE 24 SECTION 2.9. The Clerk read for second reading .< the above ordinance. The motion was made Alderman Prickett and seconded by Tures to asopt the ordinance. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Martin, Figard, Prickett, Tistle, Bell, Callaghan, Rateike, Dunlap, Wright, Tures, Neff and Wexler. Nays: None. The Mayor declared the motion carried. FIRST READING FOR POSITION CLASSIFICATION. The Clerk read for first reading the above mrdinance. 1 1 FIRST READING ORDINANCE ON PERSONNEL OF FIRE DEPARTMENT. The Clerk read for first reading the above ordinance. 'FIRST READING ORDINANCE MAXIMUM LIQUOR LICENSE. The Clerk read for first reading the above ordinance. FIRST READING ORDINANCE ON WATER BILL PENALTY. The Clerk read for first reading the above ordinance. MALEBRANCH PLAT. The Mayor referred the above plat to the municipal Development Committee which was approved by Plan Commission. ADOPT ORDINANCE PUBLIC IMPROVEMENTS IN NEW SUTBDIVISION WITHIN 1 MILES OF CITY LIMITS. The Clerk read for first reading the above ordinance. The motion was made by Alderman Wexler and seconded by Martin to suspend the rules and adopt the ordinance. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Martin, Figard, Prickett, Tistle, Bell, Callaghan, Rateike, Dunlap, Wright, Tures, Neff and Wexler. Nays: None. The Mayor declared the motion carried. The motion was made by Alderman Dunlap and seconded by Prickett to adopt the ordinance. The Mayor put the question and the Cler1 called the roll with the following results: Ayes: Alderman Martin, Figard, Prickett, Tistle, Bell, Callaghan, Rateike, Dunlap, Wright, Tures, Neff, and Wexler. Nays: None. The Mayor declared the motion carried. The Mayor reported he had received a reply to his letter to the Chicago and Northwestern Railway regarding noise in warming engines. They will investigate and eliminate the noise. The Clerk was instructed to write the Soo Line about Oakton Street and Lee Street crossings being in need of repair. ADJOURNMENT. The motion was made by Alderman Tures and seconded by Bell to adjourn. The motion was vote4 upon by acclamation.