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10/20/1958(39a0/20/58 MINUTES OF THE REGULAR M4TING OF THE CITY COUNCIL, DES PLAINES, ILLiINOIS, HELD IN COUNCIL ROOM, CITY HALL, OCTOBER 20, 1958 , AT 8:00 P.M. ,CALL TO ORDER. The meeting was called to order by Mayor Herbert H. Behrel with Alderman Bell, McKay, Rateike, Dunlap, Tures, Wright, Neff, Wexler, Figard, Prickett, Tistle and Massman responding to roll call. APPROVAL.OF MINUTES. The motion was made by Alderman Massman and seconded by tistle to approve the minutes of October 6, 1958. Alderman R teike requested a correction that the report of Alderman Wexler on "Obscene Ordinance" had been concurred in.' Alderman Neff asked correction that the Plan Commission was to red.iStrict the Residential zoning. With corrections made the Council approved the minutes by acclamation vote. OFFICIAL REPORTS. The Clerk submitted the report of City Treasurer For September also, the Fire Chief and City Clerk's nine month report. Attorney Dowd reported the Illinois Commerce Commission had granted permission to the Commonwealth Edison Company to install their electrical transmission system overhead. Alderman Bell reported that the Municipal Development Committee had investigated the rezoning of the Safety Electric Company property and found: Entire area is predominently residential with some commercial on River Road. City Planner has recommended this area remain commercial. Industrial zoning in 'this area would constitate spot zoning with possibility of spreading north. We, your Committee on Municipal Development, therefore recommend: Safety Electric property remain zoned commercial with present industry remaining non -conforming. The motion was made by Alderman Bell and second by Dunlap to concur in the report. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman Bell, Dunlap and Neff. Nays: Alderman McKay, Rateike, -Wright, Tures, Wexler, Martin, Figard, Prickett, Tistle and Massman. The Mayor declared the motion lost.. Alderman Rateike reported that the City could purchase new air -conditioners for $45.00 more with 5 year guarantee than what the Library ask for the old conditioners so would not purchase them. AWARD GARBAGE TRUCK AND BODY BIDS. Alderman Dunlap reported the following: Your Committee on Sanitation and Finance has investigated the above and has found: 1. That six companies bid on chassis for garbage trucks and four companies bid on packer bodies; 2. That the joint committees reviewed all bids considering the specifications and needs of the Sanitation Department and the recommendations of Supt. Wernicke that the use of a 17 9. yard packer body would make maximum use of,the chassis specified and offer other ecomonies including fewer trips to dump site, part standardization with other packer trucks now owned. We, your joint Committee therefore recommend acceptance of bid forts: 1 - Int'l Harvester Co., chassis,model R 192 for $4,560.00 2 - Leach Co., packer body, 17 cu. yard for $5,165.00 /s/ A. J. Prickett /s/ S. B. Wexler /d/ Robert M. Dunlap /s/ G.Massma The motion was made by Alderman Dunlap and second by Prickett to concur in the report and other bidders checks returned. The Mayor put the qeustion and the Clerk called the roll wit 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. At request of Alderman McKay the Superintendent Warnicke is to contact Mr. Kuntze to remove stones from parkway by October 31, 1958. TO ADVERTISE BIDS FOR. CLEANING 600 CATCH BASINS. Alderman McKay read the following letter: 1O-20-4399 I have been wanting to submit to submit to your committee's consideration the possibility of taking bids on the cleaning of 600 catch -basins, returnable the second meeting in November. The reasons for my wanting to take bids at this time are': 1. Very often during the winter months warm days occur that would be ideally suited for this type of work. 2. Basins cleaned during the winter months would assure us that the dirt accumulated would not be washed into the sewers. 3. I believe that a contractor bidding at this time would be inclined to submit a better bid than if we were to wait until spring, which is usually their busy season. I also wish to point out that having work would be billed during the year '5i. /s/ E.R.Warnicke On motibn by Alderman McKay and second by Tistle the Council approved to advertise bids for cleaning 600 catch basins the bids to be returned November/7, 1958. SQUARE DEAL SHOE STORE SIGN. The motion was made by Alderman Prickett and seconded by Wright to grant a permit for the above sign. The motion and second were withdrawn and the Mayor referred the sign to the Architectural Commission. At request of Alderman Wright the Mayor referred to the City Engineer for estimate for some light on North School Parking Lot. CITY WATER GRANTED TO PROPERTY OWNERS ON DEMPSTER STREET. Alderman Tures made the following:report: At the last regular meeting the Water Committee denied a request for Water from the Northwest Assembly of God church located on Miner St outside the city limits. After considerable debate Mr. Warniclfe suggested that the City consider the possibility of supplying water to those homes located outside the city limits which have water mains in the street in front of their homes. This matter was referred to the water committee for study and report. The water committee has investigated this matter and found that there are 27 residences involved. The Committee is of the opinion that only about 10 or 12 of these homes will ask for water within the near future and we under- stand that some of the area involved is contmeplating annexation at the present time. Mr. Warnicke advises that the amount of water required to szpply these homes is very small and can easily be handled by our present supply. We therefore recommend that these people, upon reuqest, be supplied with water by the City at the outside the city rate which is 66¢ per 1,000 gallons. /s/ Ray Tures /s/ A. J. Prickett /s/ L. A. Wright On motion by Alderman Prickett and 'second by Tures the Council approved the redommendation. ELM TREE SPRAYING. On motion by Aldeman Dunlap and second by Neff the Council approved the fall spraying of Elm Trees. Alderman Wright reported the Boy Scouts moved the books to new Library. BUCKHORN TRAILER CASE. Attorney John Burke informed the Council he desired to have the Mayor sign an affidavit of prejudice against Judge Harry Fisher and Master in Chancery:Sheppard regarding above case. The motion was made by Alderman Bell and seconded by Massman for the Mayor to sign same. 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. 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 THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED T 0 MAKE PAYMENT FOR SAME. Total $14,510.40 (A copy of resolution placed before each Alderman and on file with City Clerk.) The motion was made by Alderman Prickett and seconded by 7000/2o/58 Bell 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, Tistleland Massman. Nays: None.. The Mayor declared the motion carried. SAFETY ELECTRIC COMPANY REZONING. The Clerk read the above recommendation of Zoning Board (included in October 13th minutes). The motion 'was 'made by Alderman McKay and seconded by Rateike to concur in the recommendation. The motion was made by Alderman Massman and seconded by Tistle to amend the recommendation to have the west 75 feet which is on River Road to remain Commercial and the balance to be zoned Light Industrial. Thi Mayor put the 00stion and the Clerk called the roll with the following results: Ayea: Alderman Bell, McKay, Rateike, Wright, Tures, Neff, Wexler, Tigard, Prickett, Tistle and Massman. Nays: Alderman Dunlap. The Mayor declared the motion carried. The Mayor put the Option on the original motion 4s amended and the Clerk called the roll with the following results: Ates: Alderman McKay, Rateike, Wright, Tures, Wexler, Figard, Prickett, Tistle and Massman. Nays:. Alderman Bell, Neff, and Dunlap. The Mayor declared the motion carried and attorney to draft ordinance. ADOPT PREMIER-BAUSKE ZONING ORDINANCE. The motion was made by Alderman Prickett and seconded by Tistle to adopt the allove ordinance. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Alderman McKay, Rateike, Dunlap, Wright, Tures, Wexler, Figard, Prickett, Tistle and Massman. Nays: Alderman Bell and Neff. The Mays' declared the motion carried. ADOPT SPECIAL ASSESSMENT NUMBER 169 ORDINANCE. The motion was made by Alderman Tistle and seconded by Prickett to adopt the above ordinance. for sewers in Oakton Gardens. The Mayor put the question and the Clerk called the Poll 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. CITY OF PARK RIDGE LETTER. The Clerk read the following letter: In reference.to your letter of September 16, 1958, the City of Fark Ridge at the regular meeting of their City Council held October 7, 1958, re -affirmed their previous decision. It is our understanding that your Resolution to the Department of Highways, State of Illinois, suggested alternate routes which would leave State Route 62 on the same street in the City of Park Ridge. Therefore, while not actively joining you in requesting consideration as per your Resolution, the City of Park Ridge will accept without objection the decision of the State. The Mayor. OPEN BIDS C /s/ Paul S. Badger • ordered the letter placed on file. ON GASOLINE. On motion by Alderman Tures and second by Prickett the Jerk was instruated to open the gasoline bids: The following bids were received: Marland Oil Company Gene Patrick Rambler Wally's Mobil Service Regular 4/10 cent 2-5/10 " .25-5/10 " Ethel . 4/10 cent 2-5/10 .28:5/10 n The top two bids are amount over tank wagon price. On motion by'Alderman Prickett and second by Figard the bids were referred to Finance Committee and Superintendent Warnicke. ZONING BOARD LETTER. The Clerk read the following letter: Your zoning Board of A ppeals held a zoning hearing on March to the revised ordinance providing for "Off -Street Parking" City of Des Plaines. 18, 1958 in regard hroughout the 10/20/58. Zoning Board letter on "Off -Street Parking" - Continued At that time, it was pointed out that traffic congestion was increasing and that it appears that congestion will continue to increase as, for example, there are presently more two -car families than ever before. At the hearing, in regard to the proposed ordinance, it was stated that the ordinance closely followed the existing similar ordinance for Skokie and for Chicago. No objections.to the proposed requirements of the ordinance were rained by any property owners at that time. The Zoning Law of our State provides that when there are "' practical difficulties or particular hardship'", - relief 'may be granted to a property owner under a "Variation". Recently, two requests for "Variations" for "Off -Street Parking" were received by your Zoning Board of Appeals and both dere denied on the grounds that neither the practical difficulty nor the particular hardship had been proven. In both cases, the applicants had property on Oakton Street and did not wish to provide the required off-street parking for their proposed commercial buildings. As residents of Des plaines, we had observed that on much higher priced land; namely, the east side of Lee Street between Prairie Avenue and Thacker Street, other commercial enterprises had provided large parking areas even before the ordinance was enacted. Parking has also been provided by a number od commercial establishments on Oakton Street; namely, the food store at the southeast corner of Oakton and Lee Streets, a restaurant at Center Street, the cleaning establishment east of the Soo Line tracks a body shop and a garage between White Street and Orchard Street and others. At the two public hearings, where "Variations" were requested, it wabnot shown that a reduction in the amount of parking space was good business. No evidence was instructed to indicate that the proposed stores needed less parking by comparisonc;with other existing stores. The parking ordinance was attacked as being unfair when it appears to us' that the ordinance is only requiring what is being done by all progressive modern commerical establishments. Your Zoning Board of Appeals believes that traffic congestion will be lessened and,that property values will be conserved if off-street parking is provided throughout the City of Des Plaines. Zoning Board of Appeals The letter was referred to City Code Committee.. MAYOR APPOINTS SPECIAL COMMITTEE FOR LOADING ZONE ORDINANCE. The Mayor appointed Alderman Wexler, Chairman, with Alderman Neff, McKay and Prickett as a special Committee for eoniidering amending the Loading Zone Ordinance to invite anyone interested in the ordinance. _ The Clerk read for FIRST READING the following ordinances: AN ORDINANCE AMENDING THE HOWARD STREET SEWER AGREEMENT REGARDING SCHOOL DISTRICT 207. ZONING ORDINANCE- 1523 to 1565 PARK PLACE ZONING ORDINANCE- 1530 to 1564 PARK PLACE ZONING ORDINANCE- SOUTHWEST CORNER WOLF AND CENTRAL B?OADS - COMMERCIAL ZONING ORDINANCE- SOUTHWEST CORNER WOLF AND CENTRAL ROADS - MULTIPLE FAMILY ZONING ORDINANCE- HOWARD HIGHLANDS. AGREEMENT FROM STATE FOR ELECTRICAL ENERGY FOR TRAFFIC LIGHTS AT WOLF AND OAKTON. The motion was made by Alderman Prickett and seconded by Figard to authorize the Mayor and Clerk to sign the agreement. 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. '20/58 MR. TUTHILL LETTER TRAFFIC ON TOUHY AVENUE. The Mayor read the following: This refers to your letter of September 16th with further reference to the posted speed limit on Touhy Avenue between Mannheim and River Roads. As you probably know the 'speed limit law specifically requires that before this Department or any local authority alter a basic speed limit the need for such alter— ation must be justified on the basis of an engineering and traffic investigation. There is no legal authority for the establishment of speeds on the basis of opinion, and no public official or other person is qualified to establish• arbitrarily a speed limit without the aid of an engineering study. It is suggested that your police increase their enforcement efforts along Touhy Avenue to lower the percentage of violators of the 40 MPH limit so that when a new survey is made a reduction to 35 M.P.H. could be warranted. /s/ J. P. Tuthill, District Engineer The 7.etter was referred to Chief of Police. dHAMBER OF COMMERCE LETTER: The Mayor read the following letter: Our Board of Directors net Tuesday night, and we had a report from Otto Damgaard, one of our directors who is an internationally known landscaper, regarding the parking lot landscaping. He presented some very excellent ideas on how to landscape this property, but he summed it all'up as follows: "It is my opinion that unless the city is willing to allocate funds for the employment of two men on a full time basis to maintain the downtown railraod parking area, that it is a waste of money to landscape it. I made a personal investigation of this property the other day and found debris, newspapers, rags, etc., accumulated at the edge of::the parking lot. The grass has not been cut, and it has been allowed to grow up in weeds at the eastern end of the lot. The bed of flowers planted by the Garden Club, has been permitted to grow up in weeds. It is my sincere belief that unless proper maintenance is guaranteed, that it is better not to landscape these parking lots at all". /s/ Murray S. Smith, Secretary Des Plaints Chamber of Commerce The letter was referred back to the Mayor. At request of Alderman Tistle the' Mayor referred to the Street Committee, the matter of speed and load limit on Spruce Street, Ash Street and Bittersweet. kLAlderman Massman's request the Mayor referred to the Chief of Police about traffic at Devon Avenue and Higgins Road at New Church. Alderman Dunlap requested the City attorney to draft a repealing ordinance on cemeteries. TO ADVERTISE BIDS CIVIL DEFENSE WARNING,SYSTEM. Alderman Figard reported that the Council approved in August to advertise bids for the above. Bids to be returned November 3, 1958. ADJOURNMENT. The motion was made by Alderman Tures and seconded by Massman to adjourn. The motion was voted upon by acclamation. . J. Heinrich City Clerk