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10/06/1958(38.19/15/58 and after reconvening the motion was made by Alderman Prickett'and seconded by Bell to award the bid to Skokie Valley Asphalt Company for $4,382.50 and return other bidder's checks. The Mayor put the question and the Clerk calledthe roll with the following results: Ayes: Alderman Bell, McKay, Callaghan, Rateike, Dunlap Wright, Tures, Neff, Prickett and Tistle and Massman. Nays: None. The Mayor declared the motion carried. SAFETY COUNCIL BY-LAWS. The Mayor reported he had received proposed by-laws for Safety Council and referred them to the Judiciary Committee and City Attorney. Alderman Bell reported on weeds on private property. The Mayor requested Superintendent Warnicke to have a patrolman accompany him to check on same. At Alderman Neff's request Superintendent Warnicke is to check on black dirt removal and fill of ground on Algonquin Road at Margret Street in parkway. GRANT SEPTIC TANK AT 1246 EVERETT LANE. On motion by Alderman Prickett and second by Tistle the request for septic tank at 1046 Everett Lane was granted. KLIPPERT HEATING BILL. The Klippert Heating bill for $21.60 having been found a motion was made by Alderman Prickett and seconded by Dunlap the $21.60 bill be approved for payment whiech is included in resolution. The Mayor putthe question and the Clerk called the roll with the following results: Ayes: Alderman Bell, McKay, Oallaghan, Rateike, Dunlap, Wright, Tures, Neff, Prickett, Tistle and Massman. Nays: None. The Mayor declared the motion carried. ADJOURNMENT. The motion was made by Alderman Bell and seconded by Massman to adjourn. The motion was voted upon by acclamation. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS HELD IN COUNCIL ROOM, CITY HALL, OCTOBER 6, 1958 AT 8:00 P.M. CALL TO (ORDER. The meeting was called to order by Mayor Hebert H. Behrel with Alderman Bell, McKay, Rateike, Dunlap, Tures, Wright, Neff, Wexler, Martin, Figard, Prickett, Tistle and Massman responding to roll call. APPROVAL OF MINUTES. The motion was made by Alderman Dunlap and seconded b y Prickett to approve the minutes of September 15, 1958. OFFICIAL REPORTS. The Clerk submitted the reports:of Building Commissioner and City Clerk. Chief Kolze told the Council about a meeting regarding fire protection on Toll Road. The City will receive an agreement regarding the service. OPEN BIDS ON GARBAGE TRUCK AND BODY. On motion by Alderman Dunlap and second by Figard the Clerk was instructed to open bids on garbage truck. The following bids were received: Packer Body Garwood - Chicago Truck Equipment 16 cubic yards Garwood - Chicago Truck Equipment 20 " " C.C. Fuller Company 16 " " Eighmy Equipment Company 16 " " Leach Company 16 " " Leach Company 17 " " Truck Garwood - Chicago Truck Equipment Des Plaines Motor Sales Hi Way Chevrolet Sales. Holmes Motor Company • Beer Motors Diamond T Motor Car Company International Harvester Company.- 175" wheel base International Harvester Company - 167" wheel base $ '4,650.00 5,230.00 5,592.00 '3,183.00 4,985.00 '5,165.00 $ 9,400.00 '4,809.39 ;4,829.39 4,587.63 4,617.22 4,852.00 4,560.00 4,179.16 On motion by Alderman Dunlap and second by Rateike the bids were referred to Sanitation and Finance Committees and Superintendent Warnicke. 1 to/ TERRACE MANOR (DREYER'S SUBDIVISION)APPROVED.. Alderman Bell reported the following: Your Committee on Municipal Development has investigated the above and has found: plat has been approved bSr Plan Commission Developer agrees to install storm sewers, outlets and mains necessary to connect with Peterson's Lake. No sidewalks are included since none exist in the surrounding area. We, your Committee on Municipal Development, therefore recommend: Cost of, Sewers and M .ns considerably exceeds that of sidewalks $6,975.00 as opposed to $13,202.25. Recommend subdivision be approved as submitted Mayor and City Clerk be' authorized to sign plat. /s/ R.A. Bell, Chairman /s/ S.B. Wexler /s/ R. M. Dunlap On motion by Alderman Bell and second by Dunlap the Council concurred in the recommendation and the Mayor and Clerk sign the plat after the bond for $78,739.00 is received. HOTTAT'S JR'S. SUBDIVISION APPROVED. Alderman Bell reported the Municipal Development Committee recommended to approve the above plat. On motion by Alderman Bell and seconded by Massman the'Council approved the recommendation and Mayor and Clerk to sign plat after bond for $24,883.30 is received. HOWARD HIGHLAND SUBDIVISION PLAT APPROVED. Alderman Bell reported the Municipal tS`J Development Committee recommended to approve the above plat. On motion by Alderman Bell and second by Dunlap the Council approved the plat with Mayor and Clerk to sign plat after bond for $154,594.55 is received. 1 1 ENJAY'S TOLL ROAD INDUSTRIAL SUBDIVISION APPROVED. Alderman Bell reported the Municipal Development Committee recommended to approve the above plat. On motion by Alderman Bell the Council approved the plat with Mayor and Clerk to sign plat after bond for $39,364.20 is received. APPROVE NUCLEAR -CHICAGO CORPORATION. Alderman Bell reported the Nuclear -Chicago Corporation industry is clean,quiet and has no danger from radio activity for City residents. The Committee recommends approval of this industry on property indicated. Building Department be authorized to issue building permit for this project. On motion by Alderman Bell and second by Dunlap the Council approved the report. DEDICATE SOUTH HALF HOWARD STREET EAST OF MOUNT PROSPECT ROAD. Alderman Bell reported request to dedicate the south half of Howard Street from Rount Prospect Road to Enjay Subdivision Road is to be 80 feet wide. North half has been previously dedicated.. Heavy duty road is to be constructed. The Committee recomends the dedication. On motion by Alderman Bell and second by Dunlap the Council approved the dedicatioh. FIRE DISTRICT CONTRACTS. Alderman Tistle reported the following: Your Committee on Fire has investigated the above and has found: After checking with the County Clerks Office on the assessed valuation, the Fire Committee met with the representatives of the following districts. Park Ridge Manor, North Maine, South Maine, Hawthorne Rand, to discuss fire contracts for 1959. We, Y'ou'r Committee on Fire, therefore recommend: That the following contracts be approved by the city council. Park Ridge Nenor $ 2,000.00 Hawthorne Rand North Maine 6,500.00 South Maine $ 1,500.00 3,000.00 On motion by Alderman Tistle and second by Rateike the Council concurred in the recommendation. TRAFFIC LIGHTS NORTHWEST HIGHWAY AND MOUNT PROSPECT ROADS. AldermanMcKay read the following letter: Please refer to our letter of June 5 in which we promised you a report on traffic conditions at the intersection of Northwest Highway and Mt. Prospect Road. I am pleased to inform you that based on the results of our study we find that traffic signals can be warranted and we are recommending to our Springfield office that they be installed during the 1959 construction season. We found in our study that the percentage of cross traffic on Mt. Prospect Road did not warrant the installation of four-way stop control. /s/ J.P.Tuthill, District Engineer 6 8 0/6/58 • PARKING RESTRICTION AT FAHEY MEDICAL CENTER. Alderman McKay report: .. With reference to recommendation of Safety Council at Fahey Medical Center, Golf Road at Cumberland Circle. Committee recommends "No -Parking" and 4 PM on school days only, for Circle on which the Fahey Medical Ordinance. made the following for parking restrictions between the hours of 8 AM and 9 AM and 3 PM that portion of Golf Road and Cumberland Clinic fronts. City Attorney to prepare /s/ S. E. McKay /s/ S. B. Wexler ' On motion by Alderman'McKay and second by Tistle the concurred in the report. PARKING ON RIVER ROAD AT RESTAURANT NEAR RAND ROAD. Alderman McKay made the following report: With reference to customer parking in connection with' restaurant operated by Mrs. Dietrich on River Road near Rand. The City Council enacted an ordinance on August llth prohibiting parking on River Road from Devon to Rand (within the City limits). The Streets and Traffic Committee is unwilling at this time to recommend making exception by amendment. Committee recognized Mrs. Dietrich is presently suffering some hardship because of the parking restrictions. However, when the County proceeds with its improve- ment program for 5 -corners the ensuing traffic pattern will involve radical changes which quite likely will extend to and include this little restaurant, just north of which the City Limit is located. In an effort to provide some relief, Committee requested SPW to confer with the County to see if some temporary arrangement could be worked out, and it was agreed there would be no objection to the removal of signs for the time being from a point south of the restaurant, to Rand Road.' /s/ S. E. McKay /s/ S.B.°Wexler On motion by Alderman McKay and second by Dunlap the Council report. concurred in the PARKWAY SOUTH SIDE OF ALGONQUIN NEAR JEANNETTE AVENUE. Aldefman McKay made the following report: With reference to complaint about stone placed in parkway on south side of Algonquin near Jeannette fronting two houses constructed by the Kuntze Company: Supt. Warnicke contacted Mr. Kuntze and reported to the Streets Committee that contractor is willing to db whatever the City desires in connection with the stone surfacing. 'Supt: was requested to tell Mr. Kuntze to have the stone scraped off and to 'replace with earth and grass seed. /s/ S. B. Wexler /s/ S. E. McKay Traffic at Scott Street and Touhy Avenue. Alderman Mc kay made the following report: With reference to letter from Mr. J. P. Tuthill, District Engineer, Division of Highways, dated August 29, - to this committeeePpn September.2. In his letter Mr. Tuthill reported on the intersection of Tlouhy Avenue and Scott, Street - that the traffic from Scott does not warrant a 4 -way stop control. ll Mr. Tuthistated however that if Des Plaines desired to undertake a signal project at, the intersection, his office would approve expenditure of MFT funds for a full traffic actuated installation to minimize 'unnecessary delay to traffic on Touhy. On our request Supt. of Public WorksWarnicke has made a traffic count at the intersection covering the traffic from Scott Street into Touhy. During a 24-hour period the count showed 443 from southbound from Scott into Touhy, and 1841 northbound from scott into Touhy. i Assuming that all of this traffic was concentrated into a 12 -hour period from 6:00 a.m. to 6:00 p.m., there would have been only 37 vehicles per hour southbound or an average of one only, about every 97 seconds; and there would have been 154 vehicles per hour northbound, or an average of one about every 23 seconds. In the opinion of the Streets and Traffic Committee the volume of traffic at this time, based on this traffic count, does not warrant the expenditure of $12000 to $15000 for a full traffic actuated installation at this intersection. /s/ S. E. McKay /s/ S. B. Wexler On motion by Alderman McKay and second by Dunlap the Council approved the report,; 1 10/6/987 PARKING RESTRICTIONS JEFFEHSON STREET AT GRACELAND AVENUE. Alderman McKay made the following report: With reference to Ald. Rateike's request that Street Committee give consideration to increasing parking restrictions in the 1300 block Jefferson Street between Northwest Highway and Graceland, and to recommending that load limit be put into effect. Committee recommends that the "No parking this side" restriction now in effect for the south side of this block be made a permanent restriction, and that 2 -hour parking be made effective for the north side between the hours of 8a.m. and 6 p.m. daily except Sunday. Also that the street be posted restricting load limit to 6000 lbs. /s/ S. E. McKay /s/ S. B. Wexler On motion by Alderman McKay and second by Rateike the Council approved the report and Attorney to draft ordinance. Alderman McKay made a progress report on driveway for Wolf -Golf shopping center. Alderman McKay made a report on signs installed on Northwest Highway south of Benjamin Electric. Superintendent Warnicke is checking with°'State and County u`D Highway Departments regarding these signs. CD WATER REQUEST BY CHURCH ON DEMPSTER STREET WEST:. OF POTTER ROAD. Alderman Tures reported the Water Committee recommended the request by denied and that he had another request near the Church. The motion was made by Alderman Tures and seconded by Massman to refuse the the request. After discussion on motion by Alderman Wexler and second by Rateike the request was referred back to the Water Committee, Superintendent Warnicke to check how many more homes may need water after he suggested water be furnished where there is a water main in front of"the property. 1 1 GRAND OPENING PARK PLACE PARKING LOT. Alderman' Wexler reported the opening of Park Place Parking Lot would be November 1, 1958. OPENING OF LIBRARY NOVEMBER 2, 1958. Alderman Wright reported the opening of new Library on November 2, 1958. The Boy Scouts to help moving of books. INDUSTRIAL ORDINANCE. On motion by Alderman Neff and seconded by Dunlap the Industrial Ordinance was referred to the Zoning Board to call a hearing sitting as a Commission. RESIDENTIAL ORDINANCE. On motion by Alderman Neff and seconded by Dunlap the Council approved to amend the Residential Ordinance at 3A6 - from R1 to R2. RESIDENTIAL ORDINANCE ADOPTED. The motion was made by Alderman Neff and seconded by Massman to adopt the Residential Ordinance. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Bell, McKay, Rateike, Dunlap, Wright, Tures, Neff, Wexler, Figard, Prickett, Tistle and Massman. Nays: None. The Mayor declared the motion carried. On motion by Alderman'Neff and seconded by Wright the original ordinance was withdrawn. On motion by Alderman Neff'and seconded by Dunlap the Council referred to the Zoning Board to restrict the Residential rezoning. SAFETY COUNCIL BY-LAWS. Alderman Wexler reported: That the By -Laws of the Safety Council are acceptable and recommend a Council resolution for approving them. On motion by Alderman Wexler and second by Figard the Council concurred in the recommendation. VAN SELOW TRAILER ZONING CASE. Alderman Wexler made the following report: Your Committee on Judiciary had referred to it the legal opinion as to the procedure the City take in reference to a law suit filed by the owners of Buckhorn Trailer to rezone 7=i acres of land from residential to zoning permitting the expansion of an existing trailer park. We your Committee recommend that in accordance with the legal opinion of John Burke the City should continue to defend this lawsuit. /s/ S. B. Wexler /s/ Robert M. Dunlap /s/ S. E. McKay The Clerk has a copy of the legal opinion of Mr. Burke if anyone desires to review same. 68$0/6/58 On motion by Alderman Neff and second by Massman the Council approved to defend the suit. OBSCENE ORDINANCE. Alderman Wexler read th$ following repart The Judiciary Committee had referred to it the proposed ordinance known as the Obscene Literature ordinance which seeks to amend Sec. 1213 of the City Code. The Committee has carefully considered A. The arguments of the public elicited at the Council meetings of August 4, and August 18, 1958 B. Literature sugmitted for and against the amending ordinance. C. The need for the proposed amendment. Investigation discloses that there are Federal and State statutes dealing with this subject aside from Sec. 1213 of our own City Code, which is very similar to the State statute. It appears that numerous prosecutions and convictions have taken place under the Federal and State Obscenity laws. The fact that no prosecutions have occurred in Des Plaines in the last twenty years appears to be based on the fact that no citizen has ever filed a complaint; nor have the police made any arrests based on their own observation in recent years. The proponents of the ordinance object to 'certain so-called "objectionable" magazines that are said to be availavle and they suggest that, in conjunction with the amendment to the ordinance, a pre -censorship board, Presumably appointed by the Mayor, determine what should or should not be exihibited or sold in the community. It further appears that for some months private groups of citizens have been visiting local druggists and book dealers and edvising them that certain pocket books and magazines should not be exhibited. This has apparently caused certain retail merchants to have either eliminated the "objectionable" books and magazines from view or to have discontinued their sale. The Committee has carefully considered the iiroposed amending ordinance and prospective pre -censorship board and finds as 'to the proposed ordinance A. That it is superfluous and unnecessary to already existing legislation B. That it is directed against literature for 18 year olds and younger only, and fails to acknowledge that obscene literature is obscene for all. C. That it fails to specify that it is directed against merchants who wilfully exhibit or sell obscene literature - rather it is directed against merchants who have no knowledge of the'contents of books on the rack or shelf. D. The Committee does not recommend additional legislation in this field. However, if the Council is of the'opinion that the existing penalty under Sec. 1213 of the City Code is insufficient, it might consider an amendment that would increase the present penalty ($10.00 to $50.00 for each offense) to $50.00 to $200.00 for each offense. Should this change be enacted, the ordinance should also provide that the person so fined must have committed a willful violation thereof. With reference to the suggested pre -censorship board, the'Committee finds That the City Council or the Mayor should not take any official Governmental action to establish a pre -censorship board. Objectionable' as some books may appear to be to some individuals, it is suggested that it is More important to safeguard freedom of speech and press. Therefore, it is vital that the standards for judging be determined in a Court of Law where the accused has the protection guaranteed under the Illinois and Federal Constitutions, Which procedure is implicit in Sec. 1213 of the City Code. Respectfully submitted, /s/ Sydney B. Wexler /s/ Robert M. Dunlap /8/ S. E. McKay On motion by Alderman Dunlap and seconded by Neff the City Council -request the City Attorney to amend the Obscene Ordinance regarding the penalties. 1 to/1t) Your Zoning Board of Appeals, acting as a Commission, advises as follows: 1. That due notice to the parties and to the public hearing held August 19, 1958 was given as required by law and that the Board has jurisdiction of the subject matter and of the parties. 2. That the surrounding properties consist of commercial usage, city parking lots or older residences undergoing transition to "Multi -Family" or "Commercial". 3. That the trend of land usage of the property in question is toward "Commerical". 4. That there were no objectors. 5. That the evidence was convincing as to desirability of granting this request to rezone from "multi -Family" to "Commercial" on the subject property. Your Zoning Board of Appeals, acting as a Commission, having heard and considered the evidence and being fully informed in the premises, on a vote of five for and none against this proposed amendment, recommends to the Mayor and City Counal that the proposed amendment to the Zoning Ordinance thereinbefore described, be GRANTED. On motion by Alderman Tures and seconded by Wright the Council concurred in the report and Attorney to draft ordinance. REZONING RECOMMENDATION SOUTHEAST CORNER SEEGERS AND WOLF ROADS. The Clerk read the following report: Your Zoning Board of Appeals, acting as a Commission, has had referred to it the matter of considering rezoning of the following described property, from "Residential A" to "Commercial"; or, a "Variation" in order to permit commercial use: Lot 3 in Block One in Branigar's Cumberland Terrace Sub'n. of Sec. 18, T -41-N, R-12, East of`the 3rd P.M., Cook County, Illinois Your Zoning Board of Appeals, acting as a Commission, advises as follows: 1. That due notice to the parties and to the public of this proceeding and of 111 the public hearing held 9/30/58 was given as required by law and that the Board has jurisdiction of the subject matter and of the parties. 2. That the properties adjacent and to the east and south are zoned "Single Family Residential". 3. That the properties to the north and west across Wolf and Golf Roads are zoned "Commercial". 4. That the petitioner did not prove practical difficulties nor partici1ar hardship in utilizing the property in question as "Single Family Residential". 5. That traffic congestion would be increased at the location if commercial usage were granted. 6. .That there were seven objectors. 7. That the evidence presented was not convincing as to the desirability of granting this rezoning from "Residential" to "Commercial"; nor, a "Variation" to permit commerical use. Your Zoning Board of Appeals, acting as a Commission, having heard and considered the evidence and being fully informed in the premises, on a vote of four against and one for this proposed amendment, recommends to'the Mayor and City Council that the proposed amendment to the Zoning Ordinance hereinbefore described, be DENIED; also, hereby denies the request for a "Variation". On motion by Aldermah Dunlap and second by McKay the Council concurred in the report. REZONING RECOMMENDATION 1695 DES PLAINES AVENUE (SAFETY ELECTRIC). The Clerk read the following report: 1 69 Qo/6/58 1 1 1 CIVIL DEFENSE TRAILER. Alderman Figard requested the parking of the Civilian Defense -Trailer. He is to contact Alderman Rateike. 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 BILLS ARE DUE AND PAYABLE AND THATiTHE MAYOR AND CITY, CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total $34,872.43. (A copy of resolution placed before each Alderman and on file with City Clerk) The motion was made by Alderman Prickett and seconded by Tures to adopt the resolution. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Bell, McKay, Rateike, Dunlap, Wright, Tures, Neff, Wexler, Figard, Prickett, Tistle and Massman. Nays: None. The Mayor declared the motion carried. PREMIER ROSE-BAUSKE REZONING. The Clerk read the recommendation of the Zoning Board on the above. The Council allowed the following to speak: Mr.K.Meyer, Attorney of School Board; Mr. F; Opeka, Attorney for Park District; Mr. Lawton for Bauske;AIr. Mellman for Premier -Rose; Mr. Wyman, President School Board; Mr. Brandel, purchaser of property. Mr. K. Meyer presented an ordinance based on Plan Commission recommendation and the Council placed some on first reading. The Park District requesting the property they intend to purchase should be Residential not Industrial. The Zoning Board recommendation was confusing and was referred to City Attorney for classification. ADJOURNMENT. In order to rush the rezoning for the School Board the motion was made by Alderman Prickett and seconded by Bell to adjourn to Monday, October 13, 1958 at 8:00 P.M. The motion was voted upon by'adclamation. o W. J. Henrich City Clerk ADJOURNED MEETING OF THE CITY COUNCIL DES PLAINES, ILLINOIS HELD IN COUNCIL ROOM, CITY HALL OCTOBER 11L1958 at 8:00 P.M. CALL TO ORDER. The meeting was called to order by the City Clerk with Alderman Bell, McKay, Dunlap, Tures, Wright, Neff, Wexler, Prickett and Massman responding to roll call. The Clerk informed the Council the Mayor was out of the City on business and a Mayor pro tem was to be appointed.. On motion by Alderman Tures and second by Dunlap the Council approved the appointment of Alderman Prickett as Mayor pro tem. BAUSKE-PREMIER ROSE ZONING ORDINANCE. There being only nine Alderman, Mr. K. Meyer asked to have the ordinance be deferred to next Monday s meeting. It ' was then suggested to discuss the ordinance and to find out about any other agreements. Alderman Tistle and Rateike appeared at this time. Commissioner' Feulner of the Park District presented a letter which the Clerk read regarding the agreement made with Mr. Brandell regarding the lana which the Park District desires. After considerable discussion the ordinance was referred to the Attorney to make some changes and copies are to be given to the Aldermen before next Monday's meeting. REZONING RECOMMENDATION 10 to 1564 Park Place. The Clerk read the following recommendation: Your Zoning Board of Appeals; acting as a Commission, has had referred to it the matter of considering rezoning of the following described property, from "Multi -Family" to "Commerical": Town of Rand,. Thomas resubdivision of Lots 11 to 30, Sub.Lots 26 to 36 inclusive, Section 16, 17, 20 and 21, Town 41, Range 12, in Cook County Illinois: Commonly known as : 1530, 1538, 1546, 1556, 1560 and 1564 Park Place, Des Plaines, Illinois.