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11201950Mr. 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 aid 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. T 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 Clerk 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: Louis Scully & Sons, Chicago, I11. Pietra Scalzitti D. L. Amici Co., Melrose Park Cassidy Construction Co., Chicago, I11. . . Buddy -McKnight Co., Downers Grove, Ill. . . . Joe Divito, Des Plaines, Ili. e7 10 inch 6 inch $15,464.20 * $ 9,332.50 14,918.08 * 9,539.50 14,763.60 * 8,802.00 14,245.60 * 8,479.90 13,618.20 * 9,722.50 13,743.10 * 8,196.30 On motion by Alderman Behrel and second by Morava ferred to City Engineer Fletcher for tabulation. the bids were re - 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 On motion by Alderman McKay and second by Wolf, the report was concurred in. Alderman McKay reported that the Municipal Development Committee had studied and discussed the petition to vacate the alley in the 1600 block of Algonquin Road and Campbell Avenue, and they desired to have it referred to the Street Committee for study. The Mayor so referred the petition. The Mayor referred the cleaning of walls in the ladies public wash- room to the Building Committee and Marshal Wigham. The Mayor also requested that they check to see whether something could be done to keep the walls clean. CITY ATTORNEY -HOWARD'S REPORT * RAILROAD GATES. "A petition to require the Soo Line railway to furnish automatic crossing gates at Lee Street and Prairie Ave- nue crossings was filed with the Illinois Commerce Commission on November 17, 1950. I will advise you of further developments as they occur." CITY ATTORNEY HOWARD'S REPORT * STEINFELD CASE. Honorable Mayor and City Council of the City of Des Plaines City Hall Des Plaines, Illinois M. S. Howard City Attorney November 18, 1950 Gentlemen: At long last I have a report in the matter of Steinfeld vs. Des Plaines. The issues have become somewhat confused and the Master in Chancery has had a change of mind. After hearing the first evidence in the case, the Master in Chancery found that our ordinance was valid and recommended Steinfeld's suit be dismissed. On re -hearing, however, Dr. Steinfeld and his attorney argued that validity of the ordinance was only one of the issues in the case and even though the ordinance was valid, the operation of a convalescent home was still proper under it. In other words, even considering the ordinance to be valid, he should be allowed to operate because a convalescent home was a valid use under the rooming house ordinance applicable to Dr. Steinfeld's area. After extensive argument and submission of proofs, the Master sus- tained this contention and issued a supplemental report ordering that although the ordinance was valid, the use of a convalescent home was also valid under the ordinance. I then requested that the Master re -set the case for hearing under the original agreement that we should have another opportunity to prove that the home is being used not as a convalescent home but as an institution to house psychopathic patients. The Master has granted my request and will permit the City to prove, if it can, that Dr. Steinfeld's institution is being so used. From time to time some of you have complained to me of conditions which might prove the existence of psychopathic patients at this institution. It is now absolutely essential that any evidence to support this contention be furnished me and any witnesses brought in to make the necessary proofs. The case has been set for hearing on November 27th. I urge that anyone of you who has any such evidence, or any lead on such evidence, report the same to me. If we are unable to make this proof, I will have an opportunity to appeal from the Master's ruling to the Circuit Court and argue again in the Circuit Court that the use of a convalescent home is in violation of the rooming house ordinance, and I intend to do so. I might also add that the Master in Chancery cautioned both Dr. Steinfeld and his attorney that the injunction would issue only upon the following two conditions: 1. Dr. Steinfeld cease any psychopathic consultations on the premises or any use of the institution as a doctor's office. 2. The injunction would issue only to permit the operation of a convalescent home which did not house any psychopathic cases, and if the presence of psychopathic patients on the premises could be proved, that the injunction would be inoperative as to such patients. Respectfully submitted, Marshall S. Howard City Attorney -�9 HOWARD'S REPORT, CONT'D. On motion by Alderman Davis and sedond by Hansen, the Secretary of Board of Health is to make weekly inspections of the Steinfeld, so called, convalescent home. RE: ORDINANCE PERTAINING TO THE SALE OF SLING SHOTS AND AIR RIFLES. Honorable Mayor and City Council of the City of Des Plaines City Hall Des Plaines, Illinois November 13, 1950 Gentlemen: Some time ago I was requested by you to prepare an ordinance cover- ing the sale, possession and use of guns, sling shots and projectiles, and ammunition thereof, by minors in the City of Des Plaines. The ordinance, in effect, was a simple all-inclusive ordinance prohibiting sale to, pos- session of or use of any such weapon by any minor person within the City. At a subsequent date, Alderman Davis suggested that the ordinance be reviewed in the light of the criticisms of the National Rifle Association and of the proposed Air -gun Ordinance of this association. The matter was again referred to me for consideration and amendment. I find, however, that the view and the proposed form of the National Rifle Association is so completely different from the instructions heretofore given me, that I recommend the entire matter be referred to a committee for recommen- dation. For instance, they state "A simple prohibitory ordinance is not being fair to the person, nor is it being fair to the community nor the country." They also criticized our ordinance as a thoughtless and very poorly drawn ordinance and that they hope it will be possible to persuade the City Council to reconsider the ordinance. They further state that this ordinance, if passed, would "put an end to all junior shooting and junior training programs in the City of Des Plaines" and that "over the past twenty-five years the National Rifle Association Junior Rifle Shooting Program has reached an average of 150,000 persons a year, all in an age bracket well under the twenty-one (21) year limit set by this proposed ordinance. In all these years of training, using proper respect for and skill in the use of fire arms, there has not been one fatal accident." In view of the widely divergent views, I would prefer to have a committee review the ordinance in the light of the criticisms and make recom- mendations for redraft of the ordinance. Respectfully submitted, M. S. Howard MSH:rj City Attorney The Mayor referred the proposed ordinance to the Public Protection Committee. Engineer Fletcher reported that he had tabulated the bids on the water mains and suggested they be referred to the Finance and Water Committees. They were so referred and a recess declared for the committees to check the bids. After reconvening, the motion was made by Alderman Baines and seconded by Halverson to award the bid to Joe Divito on the 10 -inch water main bid of $13,743.10. 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. On motion by Alderman Halverson and second by Morava, the Clerk was instructed to return the checks to the unsuccessful bidders. The motion was made by Alderman Hansen and seconded by Morava, that the City of Des Plaines pay $5,100.00 for its share of the construction of the 10 -inch water main. 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. PASS ORDINANCE ON FIRE CONTRACT RATES. The Clerk read for first reading the following proposed ordinance entitled: 17/70 ORDINANCE ON FIRE CONTRACT RATES, CONT'D. AN ORDINANCE AMENDING SECTION 3 OF AN ORDINANCE ENTITLED "AN ORDINANCE PROVIDING FOR FIRE PROTECTION OUTSIDE THE CORPORATE LIMITS" AS AMENDED. The motion was made by Alderman Behrel and seconded by Vavrinek to suspend the rules and place the proposed ordinance on passage. 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 before the Council for final passage. The motion *as made by Alderman Behrel and seconded by Morava to pass the pro- posed 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 ordinance adopted. SIDE YARD ORDINANCE. The Clerk read for second reading the follow- ing proposed ordinance entitled: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, AS HERETOFORE AMENDED, AS TO SIDE YARD REQUIREMENTS IN AREA DISTRICT "A" 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 ordinance adopted. PARK RIDGE COMMUNITY ASSOCIATION LETTER. The Clerk read the following letter: November 17, 1950 The Honorable Kenneth G. Meyer City Hall Des Plaines, Illinois Dear Mr. Mayor: Around midnight on November 15, 1950 a fire broke out in the McCoy residence in Park Ridge Manor. A call was put through to the Des Plaines Fire Depart- ment and in a relatively short period of time the fire was put out. The purpose of my letter is to commend the City of Des Plaines on the fine work of its Fire Department in that action. I was personally present in the McCoy residence to observe the work of the Department and I can attest that they were very thorough, efficient, speedy, and that at the same time not unnecessarily destructive. The people of our area wish to thank you and your Fire Department for a very efficient job and I sincerely hope our gratitude will be passed on to the men of the Des Plaines Fire Department. Yours very truly, A. J. GALLAGHER, Jr., President AJG,Jr:GMC. Park Ridge Manor Community Association The Clerk was instructed to give a copy of the letter to the Fire Department. COOK COUNTY INSPECTION BUREAU'S FIRE PROTECTION REPORT. The Mayor informed the Council the report would be on file in the City Clerk's office. gUIT CLAIM DEED FOR PART OF SYCAMORE STREET. The Clerk read the following letter and resolution: 4'7/ QUIT CLAIM DEED, CONT'D. November 18, 1950 Honorable Mayor and City Council of the City of Des Plaines City Hall Des Plaines, Illinois Gentlemen: There has been turned over to me a deed for 33 feet of land to be used for street purposes by Henry Gartner Jr. and wife. This 33 foot strip makes a full width street for a stretch of approximately one-half block along Sycamore Street and is being donated by the owners thereof for such use. If this offer of land to the City meets with your approval, I should like to have a resolution accepting the deed and directing me to record the deed. I enclose such a resolution herewith. Respectfully submitted, M. S. Howard MSH:rj City Attorney RESOLUTION ACCEPTING QUIT CLAIM DEED WHEREAS, HENRY GARTNER, JR. and MERCEDES J. GARTNER, his wife, have heretofore offered to give to the City of Des Plaines, Illinois, for street and road uses, the real estate hereinafter described, and pursuant to such offer, have herewith executed and delivered to the City officials a quit claim deed. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, that the deed from said grantors for street and road uses of the following described real estate shall be and the same is hereby accepted: The West 33 feet of Lot 1 in Block 1 in Arthur T. McIntosh and Company's Second Addition to Riverview, a Subdivision of the North of the Southwest - of the Northwest - of Section 28, Township 41 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois BE IT FURTHER RESOLVED that the City Attorney shall be and he is hereby authorized and directed to record said deed forthwith. Adopted this 20th day of November , 1950. Otto W. J. Henrich APPROVED: City Clerk Kenneth G. Meyer Mayor The motion was made by Alderman McKay and seconded by Halverson 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 resolution adopted. PASS ORDINANCE FOR PAYMENT OF SPECIAL ASSESSMENT BILLS. The Clerk read the following letter: November 18, 1950 Honorable Mayor and City Council of the City of Des Plaines City Hall Des Plaines, Illinois Gentlemen: Some time ago the City Treasurer complained to me that a substantial amount of his time had been taken up for requests of delinquent special as- sessment bills. He stated that such requisitions consumed such a substantial portion of his time that it interfered with his regular work. Almost invariably, furnishing of the bills was purely accomodation and of no benefit whatsoever to /172 RE: SPECIAL ASSESSMENT BILLS, COMM. the City. The bills were used by the delinquents to put the lots through foreclosure or to otherwise settle the special assessments on the lots and almost never to pay them in full. He suggested that a moderate charge for furnishing the bills might serve a two -fold purpose of discouraging some of the applicants and of reim- bursing the City Treasury for the large proportion of time spent on such work. The statutes do not give us any authority to make a charge, but neither do they prohibit it. I am of the opinion that a charge on current special assessment bills would be purely illegal, because we are bound under the law to furnish these. I am not even sure as to our authority to charge for delinquent bills, but if we make the fee sufficiently moderate, I am sure there will be no serious objection. I am herewith enclosing a proposed ordinance. I have left blank in the ordinance the amount to be charged. The City Treasurer has sug- gested 25¢. Respectfully submitted, MSH:rj M. S. Howard Encl. City Attorney The Clerk then read for first reading the following proposed ordi- nance entitled: AN ORDINANCE PROVIDING FOR COMPENSATION TO THE CITY TREASURY FOR PREPARATION OF SPECIAL ASSESSMENT BILLS. The motion was made by Alderman Baines and seconded by Hansen to suspend the rules and place the proposed ordinance on passage. 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 before the Council for final passage. The motion was made by Alderman Baines and seconded by Morava.to pass the pro- posed 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 ordinance adopted. RESOLUTION ESTABLISHING PROCEOURE FOR THE VACATION OF STREETS AND ALLEYS. The Clerk read the following proposed resolution: RESOLUTION ESTABLISHING PROCEDURE FOR VACATION OF STREETS AND ALLEYS WHEREAS, there have been numerous applications made to the city officials of the City of Des Plaines for vacation of alleys heretofore dedicated on subdivision plats and whereas, it is to the benefit of the city, as a general rule, as well as a benefit to the individual property owner, to approve such vacations, but inasmuch as the same are of little value unless title to said vacated alleys can be properly and legally vested in the adjoining property owners, and whereas, to accomplish such complete and certain legal vesting of title certain formalities are essential, particularly the exact identification, by legal description or similar means, of the alley being vacated and its relationship to surrounding land and the recording of the vacation and easement ordinances, and whereas there are incidental costs involved in such proper vesting of good legal title. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines that no streets or alleys shall be vacated by order of this Council unless the following requirements have been complied with. 1. A standard form of application shall be provided for by the City Clerk, which shall contain a petition to the City Council, signedtp owners of all property involved, requesting the vacation of the street or alley and creation of easement of same width as the street or alley, the exact location of the property, describing the same by adjoining legal description as well as by street location. The petition shall state reasons for the request to vacate. 2. A map or plat of the block in which the street or alley is located shall be furnished along with a signed petition in the form furnished by the City Clerk as aforesaid, which plat or map shall be not;1b6ss than -4/7,3 RESOLUTION, CONT')). x 11 inches in size and shall outline the block in which the property is lo- cated, giving the legal description, or descriptions, of any subdivisions adjoining the same, and shall have marked thereon the lots into which the block is subdivided, the number or numbers of the block and the number or numbers of the lots within the block; the property to be vacated shall be clearly marked in red color. Not less than two copies of such plat or map shall be furnished so that one may be attached to the ordinance returned certified by the Clerk and recorded in the Recorder's office of Cook County. 3. Such petition, together with such map or plat in duplicate, shall then be submitted by the City Clerk to the Streets and Alleys, or other appropriate committee of the City Council. If such vacation be subsequently approved by recommendation of such committee and then by ordinance of the Council, which ordinance shall be in the form and manner prescribed by the City Attorney, the City Clerk shall subsequently prepare a certified copy of such ordinance, together with the map or plat thereto attached. 4. Such certified appy and accompanying map or plat shall then be turned over to the City Attorney and by him recorded in the Recorder's office of Cook County, Illinois. Additional certifiedcopies may be furnishedby the City Clerk to any person requesting the same, upon such person furnishing the City Clerk with additional copies of the map or plat above described, and upon the payment by such person to the City Clerk of the sum of $1.00 for each additional certified copy. 5. No streets or alleys shall be vacated by the city upon the application or petition of any owner or owners, without the payment to the city of the sum of Ten Dollars 010.00) per lot for the additional land so acquired, and for the costs incurred by the city for the preparation and recording of the necessary vacation and easement papers, provided, however, that this resolution shall not in any way prevent the City of Des Plaines at any time, where the Council deems it appropriate, from requiring the payment of any additional sum, or from waiving such payment in part, or in its entirety. 6. The foregoing resolution shall not in any way prevent the City Council at any time, upon its own motion and without regard to any of the foregoing requirements, from vacating any alley or street that it might feel it necessary to do in the public interest. APPROVED: Adopted this 20th day of November , 1950. Kenneth G. Meyer Mayor Otto W. J. Henrich City Clerk The motion was made by Alderman McKay 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 resolution adopted. BIDS ON DEMOLITION OF PUMP HOUSE. The Clerk was instructed to open the bids for demolishing the pump station on Des Plaines Avenue. The following bids were received: W. P. Ruppert Wrecking Co., Chicago, Illinois . . . $1,500.00 James Hanlon & Sons, Skokie, Illinois 2,750.00 The motion was made by Alderman Halverson and seconded by Morava to reject all bids. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried and the bids rejected. APPROVAL OF BILLS. Alderman Baines, Chairman of the Finance Com- mittee, presented the following proposed resolution: 74" APPROVAL OF BILLS, CONT'D. 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 Behrelto 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 resolution adopted. BOY SCOUT DAY AS CITY OFFICIALS. On motion by Alderman Wolf and second by Morava, the City Council approved of having a Boy Scout Day when the boys will fill the positions of the City Officials. This was requested by Alderman Davis. APPROVAL OF MINUTES. The motion was made by Alderman Halverson and seconded by Morava to approve the minutes of November 6, 1950. Alderman McKay requested that a correction be made regarding the E. A. Nester letter; change the word "valid" to "invalid." The motion was voted upon by acclama- tion, whereupon the Mayor declared the motion carried and the minutes approved with correction made. ADJOURNMENT. The motion was made by Alderman Wolf 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. . J. HENRICH TY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, DECEMBER 4, 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, 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 November,1950. CITY ATTORNEY HOWARD'S REPORTS. The Clerk read the following reports which were ordered placed on file: December 4, 1950 Honorable Mayor and City Council of the City of Des Plaines City Hall Des Plaines, Illinois Gentlemen: This is to inform you that George Brautigan, who had filed a pe- tition for re -instatement before the Civil Service Commission of the City, and whose petition had been denied by it, has filed an appeal to the Circuit Court of Cook County. This past week I filed an answer to his petition consisting of a transcript of the record of the Civil Service Commission, as required by law. The appeal is decided by the Circuit Court on the transcript of the record without further evidence. I will advise you of further developments. Respectfully, MSH:rj M. S. Howard City Attorney