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10161950ys� City Attorney Howard spoke concerning redrafting of the City ordinances. He was informed to have copies of all the ordinances made at the City expense. The Mayor appointed the following committee to aid in this redrafting: Alder- men Clement, Baines and Behrel. The Mayor said he would also serve. APPROVAL OF MINUTES. On motion r Alderman Hansen and second by Halverson, the minutes of September 18, 1950, were approved. ADJOURNMENT. The motion was made by Alderman Behrel and seconded by Vavrinek to adjourn. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried and the meeting regularly adjourned. OT /W. J. HENRICH CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, OCTOTOBER 16. 1950, AT 8:00 P. M. CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer, who presided with Alderman Hansen, Baines, Behrel, McKay, Clement, Halverson and Morava responding to roll call. Aldermen Davis, Vavrinek and Wolf were absent. OFFICIAL REPORTS. The City Clerk submitted the reports of the City Treasurer, L. C. Barrett and the Clerk's report for September. The City Clerk's report of receipts and disbursements for the first nine months of 1950 was also submitted. COMMITTEE REPORTS. Alderman McKay reported the following: Des Plaines, Illinois October 16, 1950. SEM Petition for amendment to the Zoning Ordinance of Cook County, Illinois, rezoning approximately 3/4 acre located north side of Touhy Avenue about 1/2 mile east of La Grange Road in Maine Township. Mayor and City Council: The Municipal Development Committee was authorized in City Council meeting of October 2nd to take what it decided was suitable action on the question whether or not to file formal objection with the Cook County Clerk in connection with the above-mentioned petition to rezone property close to the City Limits of Des Plaines. Committee meeting was held October 5th, and while the chairman was inclined to favor filing formal objection, because the only effect such objection has is to require a 3/4 vote of the County Commissioners to change the zoning, Alderman Davis demurred, feeling the change might work out satis- factorily. Alderman Wolf, the other member of the committee, was absent from the City. Compromise action was then agreed upon as indicated in the follow- ing letter, written and mailed by the chairman on October 6th. Zoning Board of Appelas of Cook County 130 North Wells Street Chicago, Illinois ATTENTION: Mr. Robert Kingery, Chairman Gentlemen: Reference public hearing in Des Plaines on September 29, on petition to rezone from R-4 to B-1, about 3/4 acre on north side Touhy, about 1/2 mile east of La Grange Road, close to the City of Des Plaines. City of Des Plaines was granted 10 days in which to file objection to the change in classification, if it was decided to take such action. On behalf of the City, I wish to advise that while we are not filing formal objection, because it is quite possible a Rood -looking gas station and attractive store buildings might be good usage of the area in- volved, nevertheless, there is some doubt as to the genuine sincerity and ability of the petitioner to consummate such a rather elaborate project. X57 ALDERMAN MCKAY'S REPORT, CONT'D. You will recall it was mentioned that a well-known oil company was interested in the location, and would likely furnish capital to finance the filling station. However, there was nothing offered to support this, such as a letter or agreement. We would dislike having a project started in the area which might drag on indefinitely through poor handling or lack of real need, nor would we favor having the area rezoned by reason of representations made at the hearing, if, perhaps the real reason is merely to effect a change to make the area:available a"little later on to someone else for other purposes permissible under B -I. Therefore, instead of filing formal objection, we merely outline our views, leaving the matter subject to your good judgment when you give consideration to it prior to your recommendation to the Commissioners. cd Copy: Mr. W. T. Popjoy Secretary, Zoning Board of Appeals of Cook County 130 North Wells Street Chicago, Illinois Mr. Irwin J. Jacobson Attorney-at-law 110 S. Dearborn Street Chicago, Illinois Yours very truly, S. E. McKay, Chairman Municipal Development Comm. City of Des Plaines, I11. No further action being required of the Council at this time, com- mittee having been given power to act, it is requested that this report be referred to the City Clerk and duly entered in the minutes of this Council meeting. S. E. McKay, Chairman W. N. Davis Alderman Morava reported that the Bouton Foster agreed to furnish heat to the City '¶rehouse at 1/4 the cost of the fuel. The motion was made by Alderman Morava and seconded by Halverson to concur in the report. Alder- man Clement asked to include in the motion that the City Attorney draft an agreement with the Bouton Foster Company. With consent to this addition, the Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: None. The Mayor thereupon declared the motion carried. Alderman Behrel reported the following concerning the business license of the Frozen Food Locker: "No action on license at this time due to delinquent state of the Frozen Food Locker in their water bill account with the City of Des Plaines." Alderman Halverson reported that the Water Committee recommended that the City Attorney be instructed to take action against the Frozen Food Locker on their delinquent water bill. On motion by Alderman Halverson and second by Morava the report was concurred in. Alderman Clement reported the following on the letter from Kimball Hill, Park River Development Corporation concerning the error on the construc- tion of the building foundation: "Your Committee on Building Permits has investigated the above and has found: The error on the part of the builder appears to have been an honest mistake, and the building in question is structurally safe in the opinion of the Building Inspector's Department. We, your Committee on Building Permits, therefore recommend: That construction be permitted to proceed; that the interview 'had by the committee with the builder in question, and the emphasis placed on the need for full compliance with the Building Code during that interview is a sufficient disposition of this matter." Signed, Committee, H. W. Clement H. H. Behrel 475/ ALDERMAN CLEMENT'S REPORT, CONT'D. On motion by Alderman Clement and second by Behrel, the report was concurred in. Alderman Clement also reported that the Building Permit Committee recommended the adoption of the proposed House Moving Ordinance in its present amended form. On motion by Clement and second by Behrel, the report was con- curred in. Alderman Clement reported the following on the three foot side - yard ordinance: "The Building Permit Committee has investigated and found that the proposed ordinance should be redrafted to fix the minimum sideyard as 10% of the frontage for parcels of ground having a frontage of less than 50 feet; and a minimum of 5 feet for parcels having a frontage of 50 feet and over; also all the wording after the last semicolon should be stricken. Therefore advise this recommendation be referred to the Zoning Board, and, if they concur, the City Attorney be directed to draft a new ordinance incorporating those pro- visions." On motion by Alderman Clement and second by Behrel, the report was referred to the Zoning Board of Appeals sitting as a commission. Alderman Clement reported the following concerning the Meyer Coal Company: "The City Attorney has not yet reached a decision on this matter, therefore recommend that this question be taken up for a decision at this meeting of the Council. After considerable discussion, the motion was made by Alderman Clement and seconded by McKay that the City Attorney file necessary action against the Meyer Coal Company." The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: None. The Mayor thereupon declared the motion carried. PASS THE "MOVING OF BUILDINGS" ORDINANCE. The Clerk read for second reading the following prpposed ordinance entitled: AN ORDINANCE TO AMEND SECTION 208 OF ARTICLE XXI RELATING TO THE MOVING OF BUILDINGS OF THE REVISED BUILDING CODE OF THE CITY OF DES PLAINES OF 1939. AS AMENDED. The motion was made by Alderman Baines and seconded by Hansen to peas -the proposed ordinance. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: None. The Mayor thereupon de- clared the motion carried and the proposed ordinance passed. APPROVAL OF BILIS. Alderman Baines, Chairman of the Finance Com- mittee, presented the following proposed resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOL- LOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. (Schedule of bills placed before each alderman and affixed to reso- lution and on file with the City Clerk.) The motion was made by Alderman Baines and seconded by Hansen to adopt the proposed resolution. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: None. The Mayor there- upon declared the motion carried and the proposed reso]tion adopted. CITY ATTORNEY HOWARD'S REPORTS. The Clerk read the following reports which the Mayor ordered placed on file: October 13, 1950 Honorable Mayor and City Council City Hall Des Plaines, Illinois Gentlemen: Some time ago there was referred to me for investigation the CITY ATTORNEY HOWARD'S REPORT, GONT'D. matter of the fire protection portion of our tax levy and why receipts from this levy were inadequate. A checkup with the County Clerk's office, which extends the tax rates, reveals the following informations The maximum rate allowed under the law was .0663. The actual amount of our levy was .0863. In other words, we have levied 25% in excess of the maximum legal levy for this particular purpose. This is in contra- diction to most of the other levies in which for the most part we levied less than the allowable maximum rate. Respectfully submitted, Marshall S. Howard MSH:AR City Attorney October 13, 1950 Honorable Mayor and City Council City Hall Des Plaines, Illinois Gentlemen: I regret to report to you that today, October 13, 1950, Judge Fisher ruled invalid the provisions of our ordinance requiring minimum square foot areas for buildings constructed in certain subdivisions. Judge Fisher ruled flatly that this was un-American and in violation of the provisions of the Constitution and beyond the powers of a municipality and that it was equiva- lent to depriving at poor man of the right to build a small house, and some- time next week an order will be entered directing our Building Commissioner to issue permits to our three applicants who were successful in this case, and also hold for the benefit of all others concerned that the provisions of this ordinance is invalid. As heretofore stated to you, because of the irregularity in passing this ordinance without a reference to the Zoning Board, I do not feel as though there should be any appeal from this decision. It is m' recommenda- tion that the ordinance be allowed to die, that the Zoning Board be urged to consider a new ordinance along the same lines after careful investigation of the circumstances, and that the minimum areas required be the most reasonable under the circumstances. Even such an ordinance, in view of Judge Fisher's unconditional pronouncement, I am sure will be held to be invalid, but where the ordinance has been passed properly and validly, we might then wish to consider the question of an appeal to the Supreme Court. Respectfully submitted, Marshall S. Howard MSH:AR City Attorney ZONING BOARD VARIATION AT 1710 CAMPBELL AVENUE. The Clerk read the following letter: Building Inspector City of Des Plaines Des Plaines, Illinois Dear Sir: After a public hearing on seconded and passed unanimously that setback of property located at 1710 The variation amounts to four feet, stead of the 25 feet now required. October 10, 1950 October 10, 1950, it was duly moved, the application for a variation in the Campbell Avenue, Des Plaines, be granted. thus permitting a setback of 21 feet in - Albert L. Gundelach Secretary ZONING BOARD RECOMMENDATION OF AN ORDINANCE. The Clerk read the following letter: October 14, 1950 Mayor and City Council City of Des Plaines, Illinois Gentlemen: The Zoning Board of Appeals does hereby recommend to the City of Des Plaines the adoption of an ordinance substantially as follows: A Building Permit shall not be issued for struc- tures on a portion of a lot uhless the division of the lot has been approved by the Planning Commission. Council ZONING BOARD'S RECOMMENDATION, CONT'D. The purpose of the proposed ordinance is to eliminate the problem in connection with the matter of the application for a variation of the set- back line for the property located at the Northwest corner of Prairie Avenue and Fourth Avenue, Des Plaines. Respectfully submitted, ZONING BOARD OF APPEALS OF THE CITY OF DES PLAINES, James J. Carroll Fred K. Howe Alvah James W. H. McConnell By Albert L. Gundelach. Secretary The Mayor referred the letter to the City Attorney, Municipal Development and Building Permit Committees. Alderman McKay reported that a proposed ordinance requiring allele in Commercial Zone Areas had been presented last February -and -seemed- to 4izater r-bgalaarliglgme-cemmIttee-. The Mayor referred the proposed ordinance to the Plan Commission. REQUEST FOR ZONING VARIATION. The Clerk read the following letters City Council of Des Plaines City Hall Des Plaines, Illinois 6140 S. Kenwood Avenue Chicago 37, Illinois October 6, 1950 Dear Sirs: I am requesting a variation of your ordinance restricting houses in Des Plaines Gardens to a minimum of 1200 square foot area to permit building of a house of 1058 square foot area on the property owned by me located at 1030 Second Avenue legally described as: The South 50 feet of lot 13 in block 4 in Des Plaines Gardens, a subdivision of the North - of Section 20, Township 41 North, Range 12, East of the Third Princi- pal Meridian in Cook County, Illinois. On June 10, 1950 I made a purchase offer for the property and on July 5, 1950 1 completed the purchase, and I signed a sales contract with the Park River Development Corporation of the City of Des Plaines to build on- the aforesaid parcel of real estate a house in accordance with the plans and specifications prepared by A. S. Del Bianco, Architect of Chicago, Illinois. The plans being identified as number 5027, elevation number B. I then obtained a Veterans Administration guaranteed loan. The arrangements for which because of current credit restrictions took until October 2, 1950 to complete. On September 11, 1950 I filed an application for a permit to build this house. On. October 2, 1950 I notified Park River Development Corporation that financing arrangements had been completed and I was then notified that because of the recent zoning ordinance regarding Des Plaines Gardens my application for a permit to build a 1058 square foot house had been rejected. I have spent a great deal of time, effort and money in securing the land, Veterans Administration approval for the house and the financing. I did not know that there was any impending change in the zoning regulations that would interfere. I ask you to consider my request. Enclosed check for forty dollars for fees. The Mayor referred the letter to the Alderman Clement stated he knew of this letter thought an exception should be made and permit Sincerely, Charles J. Hippchen filing appeal and publication Building Permit Committee. and considering the dates, he issued. On motion by Alderman ZONING VARIATION, CONT'D. Clement and second by Behrel, the Building Inspector is to be ordered to issue the permit. NOTICE OF ANNEXATION FOR THE WEST SIDE OF WOLF'ROAD FROM ALGONQUIN ROAD TO THACKER STREET. The Clerk read the notice of intended annexation of A. Alfini, et al. The Mayor ordered the notice placed on file. COUNTY HIGHWAY PERMIT ON THACKER STREET AT NEW WELL. The Clerk read the Highway Permit requested by the City to install pump control cable. On motion by Alderman H6erson and second by Morava, the Mayor and City Clerk were authorized to sign execute the County Highway Permit. SANITARY DISTRICT OF CHICAGO, SEWER PERMIT 1950-72. The Clerk read a letter from the Sanitary District which was attached to Sewer Permit #1950-72. On motion by Alderman Baines and second by Halverson, the Mayor and City Clerk were instructed to sign and execute the permit. APPROVE PLAT OF KNOLLWOOD ESTATES. The City Clerk presented a plat of Knollwood Estates, which had been approved by the Plan Commission. After a short recess, the motion was made by Alderman McKay and seconded by Hansen to approve the plat. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: None. APPROVAL OF MINUTES. On motion by Alderman Hansen and second by Morava, the minutes of October 2, 1950, were approved. ADJOURNMENT. The motion was made by Alderman Baines and seconded by Behrel to adjourn. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried and the meeting regularly adjourned. 14 OT • W. J. HENRICH CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, NOVEMBER 6, 1950, AT 8:00 P. M. CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer, who presided with Aldermen Hansen, Davis, Vavrinek, Wolf, Baines, Behrel, McKay, Clement, Halverson and Morava responding to roll call. OFFICIAL REPORTS. The Clerk submitted the reports of Building In- spector, Arthur Rieck and the City Clerk's report for the month of October, 1950. COMMITTEE REPORTS. Alderman Davis reported that a paper collection will be held the last Saturday in November. The money is to be placed in the Civilian Defense organization's account. Alderman Clement, Chairman of the Building Permit Committee, made the following report: MOTEL AND TOURIST CAMP ORDINANCE. The committee investigated and found the proposed ordinance to be satisfactory except that Section 2 might better be included in a different ordinance. Your committee on Building Permits, therefore, recommends the adoption of the proposed ordinance with the exception of Section 2. The Mayor referred the proposed ordinance to the City Attorney to redraft as recommended. REGARDING SPACE UNDER COMMERCIAL SIDEWALKS. The Building Permit Committee investigated and found the present ordinance seems adequate if en- forced. The problem is more closely related to streets and sidewalks than the Building Inspection Department. It is, therefore, recommended that the Superintendent of Public Works be directed to start enforcing our present ordinance after January 1, 1951 and that suitable notice be given to all affected property owners prior to that date. The Mayor so directed.