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11061950‘/ 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 Verson 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. /4 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 6t 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. E. A. NESTER LETTER ON SMALL BUILDING. Alderman Clement reported that an explanatory letter should be sent to Mr. Nester indicating that the Council has taken temporary action which the courts have not supported, but that we are drafting a more carefully drawn ordinance which the City intends to appeal if heldutalid. The Building Permit Committee recommended that the City Clerk draft such a letter and forward it to Mr. Nester. The Mayor in- structed the Clerk to draft the letter. CITY ATTORNEY HOWARD'S LETTER. The Clerk read the following letter: November 6, 1950 Honorable Mayor and City Council City of Des Plaines City Hall Des Plaines, Illinois Gentlemen: I hand you herewith tonight twelve copies of the Revised City Code covering Chapters 3 to 8 inclusive, with the exception of Chapter 4, on which there are yet a few missing pages. Chapter 4 will be ready next meet- ing, together with either additional chapters of the main code or with a revision of the Zoning Code, which I hope to start on this coming week. There is one copy for each of the aldermen, one for the Mayor and one for the City Clerk. Additional copies are available if desired. Respectfully submitted, M. S. Howard MSH:RJ City Attorney CITY ATTORNEY HOWARD'S LETTER IN REGARD TO FROZEN LOCKER DELINQUENT WATER BILL. The City Clerk read the following letter: November 2, 1950 City Council City of Des Plaines City Hall Des Plaines, Illinois Attention: Water Committee Gentlemen: At one of the recent Council Meetings there was turned over to me for attention an unpaid water bill in the amount of $495.95, payable from the Des Plaines Frozen Foods, operated by Charles Watts at 1517 Ellinwood Street, Des Plaines. Mr. Watts dropped out of sight some time last summer and since that time the place has been operated by Mr. Paul Petersen under the name of Paul Petersen's Locker and Freezer Service. I got after Mr. Petersen immediately and after some delay he referred the matter to his attorney, with whom I have had a very lengthy and detailed discussion of the matter. Mr. Petersen and his attorney both contend that Petersen did not buy the business from Watts, but that Watts dropped out of sight having numerous creditors in addition to the City of Des Plaines. Upon his disappearance, the former owner of the locker plant, who held a chattel mortgage on the physical assets for a substantial sum, foreclosed the mortgage and took over all of the physical equipment in the plant. This was then sold at a bona fide sale to Mr. Petersen. If this story is correct, there is no liability on Mr. Petersen for the old water bill and he can be charged only for water furnished the plant since he took over. I am now checking the genuiness of this story and if I find it correct, I will report same to you and forget any action against Petersen. Mr. Petersen and his attorney report they may have an address for Mr. Watts, and if we can find him and he has any assets, we can sue him for the amount of the bill. This is a doubtful solution. Suit on past due water bills, particularly on persons who have moved away or doubtful financial solvency, is a very difficult and unsatis- factory method of collecting unpaid accounts. During the past year, numerous past due water bills, most of them for persons who have moved, have been turned over to me for collection. Very, very few of them have been collected. I understand that the City Clerk has now instituted a vigorous current collection program and I urge very strongly that the Council Members back him up on this matter, and, especially in the case of business accounts, CITY ATTORNEY HOWARD'S LETTER, CONT'D. that shut-off action be instituted promptly when an account first falls de- linquent. This is the only thoroughly effective manner in which to collect unpaid water bills. �' Respectfully submitted, MSH:rj M. S. Howard City Attorney CC Mr. Otto Henrich, City Clerk City of Des Plaines Des Plaines, Illinois The Mayor ordered the letter placed on file. The City Clerk reported that the water deposits for business should be increased. The Mayor referred the matter to the Finance Committee and Water Committee. CITY ATTORNEY HOWARD'S LETTER ON MEYER COAL AND MATERIAL COMPANY. The Clerk read the following letter: November 2, 1950 To the Honorable Mayor and City Council of the City of Des Plaines City Hall Des Plaines, Illinois Gentlemen: At the last meeting, the City Council through its Building Committee, requested the undersigned to file suit against Meyer Coal & Material Company, Inc. to enjoin the operation and maintenance of the so called "ready -mix" concrete hopper and of the car -shaker maintained in the yards of the Meyer Coal & Material Company, Inc. I wish to report that I have taken definite steps to comply with this request and a draft of the law suit has been prepared and is ready. I wish to advise further, however, that in a lawsuit of the type and with the formidable opposition that is sure to come, I wish to move carefully and not hastily. I wish further to consult with Mr. Walter Senne, who has been retained by the residents in the immediate vicinity, and have promised both the residents and Attorney Senne that I would review the matter with him before filing the suit. Attorney Senne has gone out of town for a short time, but has written to me and advised me of another attorney who is a member of his firm and who would handle the matter in his absence. I will proceed this week to consult with these cooperating attorneys and re -draft the Complaint in whatever manner may be necessary or advisable after such consultations and file the same as quickly as possible under the complicated factual conditions which prevail. Respectfully, MSH:rj Marshall S. Howard City Attorney The Mayor ordered the letter placed on file. ADOPT RESOLUTION IN REGARD TO DANGEROUS BUILDING, 1569 ELLINWOOD STREET. The City Attorney presented the following resolution which the Clerk read: RESOLUTION IN RE DANGEROUS BUILDING AT 1569 ELLINWOOD STREET. WHEREAS, it has heretofore come to the attention of the Building Inspector of the City of Des Plaines, that the building located at 1569 Ellinwood Street, Des Plaines, Illinois, isa dangerous building in that the same is sagging and rotting and is structurally unsound, unsafe and constitutes a fire hazard to the persons occupying the same and to the surrounding neighbors and buildings. AND WHEREAS, the Building Inspector has heretofore reported this fact to the Council and the Council has referred the matterto its Building Committee for investigation, and whereas, after due investigation the Building Committee has recommended to this Council that said building is, in fact, dangerous, structurally unsound and unsafe, and constitutes a fire hazard. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Des Plaines, that this Council does find after due investigation that the building located at 1569 Ellinwood Street, Des Plaines, Illinois, is a dangerous building, is structurally unsound and unsafe and constitutes a fire hazard. 442/ RESOLUTION IN RE DANGEROUS BUILDING, CONT'D. BE IT FURTHER RESOLVED that unless the owner or owners of said building shall rebuild and repair the same in a structurally sound and safe condition and eliminate all fire hazards within 60 days of the date hereof, that said building shall be condemned, torn down and destroyed for the purpose of eliminating the dangerous condition and fire hazard hereinbefore set forth. BE IT FURTHER RESOLVED that a copy of this resolution shall be served by the Building Inspector or his deputy upon the owner or owners, occuplant or occupants of said building and that such service shall con- stitute notice as set forth in and required by Section 231 of the Revised Building Code of the City of Des Plaines, with reference to dangerous buildings. BE IT FURTHER RESOLVED that at the expiration of the time herein- before set forth, the Building Inspector shall make an inspection of said building and report its condition to this Council. Adopted by the City of Des Plaines this 6th day of November, 1950. Otto W. J. Henrich City Clerk APPROVED: Kenneth G. Meyer Mayor The motion was made by Alderman Clement and seconded by Davis to adopt the proposed resolution. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Davis, Vavrinek, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: Alderman Wolf. The Mayor thereupon declared the motion carried and the resolution adopted. LETTER FROM TRAFFIC COMMISSION IN REGARD TO PARKWAY ON PRAIRIE AND FIRST. The Clerk read the following letter: Mr. Otto Henrich City Clerk Des Plaines, Illinois November 6, 1950 Dear Sir: In reply to your Committee Report Form dated October 2, attached herewith, we wish to recommend to the City Councilihat they eliminate parking on the south side of Prairie Avenue from the intersection of Second Avenue east to a point where the curbing is removed widening the street just before the approach to First Avenue. We have consulted the merchants on Prairie Avenue at First Avenue where the street is already widened, and at their suggestion we recommend a one-hour parking restriction between the hours of 9:00 A.M. and 6100 P.M. Respectfully yours, DES PLAINES TRAFFIC COMMISSION VLS:sj By: V. L. Spiegler, Secretary On motion by Alderman Hansen and second by Clement the recommenda- tion was concurred in and referred to the City Attorney to draft an ordinance. PASS ORDINANCE REGARDING DIVISION OF LOTS. The Clerk read for first reading the following proposed ordinance entitled: AN ORDIN/N CE AMENDING ARTICLE II ENTITLED "PERMITS" OF THE REVISED BUILDING CODE OF THE CITY OF DES PLAINES OF 1939 The motion was made by Alderman Baines and seconded by Hansen to suspend the rules and pass the proposed ordinance. The Mayor put the ORDINANCE REGARDING DIVISION OF LOTS, CONT'D. question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Davis, Vavrinek, Wolf, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: None. The Mayor thereupon declared the motion carried, the rules suspended and the proposed ordinance before the Council for passage. The motion was made by Alderman Baines and seconded by Clement to pass the proposed ordinance. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Davis, Vavrinek, Wolf, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: None. The Mayor thereupon declared the motion carried and the proposed ordi- nance passed. ZONING BOARD REPORT * PARIS PUCCINELLI'S APPLICATION. The Clerk read the following letter: October 25, 1950 Building Inspector Des Plaines, Illinois Dear Sir: The Zoning Board of Appeals sitting as a commission had referred to it the application of Mr. Paris Puccinelli for a variation of the set- back lines on the lot located at the Northwest corner of Prairie Avenue and Fourth Avenue, to wit: The East 50 feet of the East 150 feet of Lot 5 in Des Plaines Manor Tract #3 in the South East Quarter of Section 18, Town- ship 41 North, Range 12, East of the Third Principal Meridian in Cook County, Illinois advises as follows: 1. That due notice to the parties and to the public of this proceeding and of the public hearing therein was given as required by law and that the Board has juris- diction of the subject matter and of the parties. 2. That the adjacent property owners objected to the granting of a variation. 3. That the hardship now existing was partly self- imposed because of the placement of the first two buildings by the petitioner on the portion of Lot 5 immediately West of the lot herein considered. 4. That the application for a variation is hereby denied. The Zoning Board of Appeals sitting as a commission, having heard and considered the evidence and being fully informed in the premises, did vote five for the denial of the application and none against the denial of the application. CC: City Clerk Kenneth G. Meyer Paul W. Pretzel 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 ordered the letter placed on file. The Zoning Board recommended that the City Attorney redraft the "Side Yard Ordinance." The Mayor referred the matter to the City Attorney. APPROVAL OF BILLS. 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 Behrel to adopt the proposed resolution. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Davis, Vavrinek, Wolf, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: None. The Mayor thereupon declared the motion carried and the proposed ordinance adopted. PASS ORDINANCE FOR ANNEXATION, WEST SIDE OF WOLF ROAD BETWEEN THACKER STREET AND ALGONQUIN ROAD. The Clerk read the following letter: November 3, 1950. Mayor and City Council, Des Plaines, Illinois. Gentlemen: Enclosed for your consideration is certified copy of an order for annexation covering the following described real estate, to wit: The East 506 feet (measured at right angles to the East line) of the West half of the Northeast Quarter of Section 19, Township 41 North, Range 12, East of the Third Principal Meridian, except the North 170 feet thereof. The said premises are owned by Mr. and Mrs. Alfini, with a small portion owned by Mr. and Mrs. John Boeckenhauer. I also enclose an ordinance covering said annexation and will forward to you the proper copies for certification at the expiration of the time set forth in said ordinance. Trusting that this may have your early attention, I am Very truly yours, FMO*AGH Frank M. Opeka The Clerk then read for first reading the following proposed ordinance entitled: AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF DES PLAINES The motion was made by Alderman Halverson and seconded by Morava to suspend the rules and place the ordinance on passage. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Davis, Vavrinek, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: Alderman Wolf. The Mayor thereupon declared the motion carried, the rules suspended and the proposed ordinance before the Council for passage. The motion was made by Alderman Halverson and seconded by Hansen to pass the proposed ordinance. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Davis, Vavrinek, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: Alderman Wolf. The Mayor thereupon declared the motion carried and the ordinance adopted. RE: PURCHASE OF SNOW PLOW. Alderman Hansen informed the Council that the City could purchase a snow plow for $631.80, but the Council would have to vote to approve the purchase, due to the fact the item is over $500.00. After discussion, the motion was made by Alderman Hansen and seconded by Davis to purchase a snow plow from R. C. Larkin Company at the price of $631.80. The Mayor put the question, and the Clerk called the roll with the follow- ing result: Ayes: Aldermen Hansen, Davis, Vavrinek, Wolf, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: None. The Mayor thereupon declared the motion carried. CLERK TO ADVERTISE FOR ALTERNATE BIDS ON SIX AND TEN INCH WATER MAIN. On motion by Alderman Halverson and second by Clement, the Clerk was instructed to advertise for alternate bids for a six and ten inch cast iron water main on the west side of Wolf Road from Thacker Street to Algonquin Road. CLERK TO ADVERTISE FOR BIDS TO DEMOLISH OLD PUMP HOUSE ON DES PLAINES AND ASHLAND AVENUES. On motion by Alderman Halverson and second by Morava, the Clerk was instructed to advertise for bids to demolish the old pump house on Des Plaines Avenue. APPROVE PLAT OF DES PLAINES COUNTRYSIDE NO. . The Clerk pre- sented a plat of Des Plaines Countryside No. 5 which had been approved by the Plan Commission. After a short recess, the motion was made by Alderman McKay and seconded by Halverson to approve the plat of Des Plaines Country- side No. 5. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Davis, Vavrinek, Wolf, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: None. The Mayor there- upon declared the motion carried and the plat approved. Mr. Ralph, who is from the Middle States Telephone Company, ex- plained to the Council about the new telephone system which was installed in the Fire Department. APPROVAL OF MINUTES. The motion was made by Alderman McKay end seconded by Davis to approve the minutes of October 16, 1950. Alderman McKay said he desired a correction in the minutes regarding the proposed ordinance on alleys in commercial areas. He requested the wording "and seemed to have been lost in some committee" be changed to "to the Plan Commission." The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried and the minutes approved with correction made. ADJOURNMENT. The motion was made by Alderman Baines and seconded by Behrel to adjourn. The motion was voted by acclamation, whereupon the Mayor declared the motion carried and the meeting regularly adjourned. c(„.4,4 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 20, 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 City Clrrk submitted the City Treasurer's report for October 1950. Because the contractors were now present, the Mayor informed the Council that a motion was in order to open the bids regarding the water main located on the west side of Wolf Road, from Thacker Street to Algonquin Road. On motion by Alderman Halverson and second by Behrel, the Clerk was instructed to open the bids. The following bids were received: 10 inch 6 inch Louis Scully & Sons, Chicago, Ill. $15,464.20 * $ 9,332.50 Pietra Scalzitti 14,918.08 * 9,539.50 D. L. Amici Co., Melrose Park 14,763.60 * 8,802.00 Cassidy Construction Co., Chicago, I11. . . . • 14,245.60 * 8,479.90 Buddy -McKnight Co., Downers Grove, I11. . . . • 13,618.20 * 9,722.50 Joe Divito, Des Plaines, I11. 13,743.10 * 8,196.30 On motion by Alderman Behrel and second by Morava the bids were re- ferred to City Engineer Fletcher for tabulation. COMMITTEE REPORTS. Alderman McKay made the Following report: Des Plaines, Illinois November 20, 1950 Subject: The alley between Center and Lee Streets from the alley back of Spiegler's to Thacker Street. Mayor and City Council: The Municipal Development Committee has conferred with City Engineer Fletcher since our last Council Meeting on the above subject, and it is our recommendation that the engineer be authorized to proceed with necessary preliminary survey so he may be able to present a definite and comprehensive alley plan, including facilities for parking of automobiles. At our meeting we also considered the advisability of proceeding with the matter of alley and parking lot in the Graceland Avenue block be- tween Prairie and Ellinwood involving the Frisbie property. It is also the recommendation of this committee that the engineer be authorized to proceed with the preliminary work of survey for this improvement and to submit a definite and comprehensive plan for same. It is recommended that this report be concurred in. Signed: S. E. McKay, Chairman * R. G. Wolf * W. N. Davis