01151951SANITARY DISTRICT PERMIT ON MINER STREET. The Clerk informed the
Council he had Sanitary District Sewer Permit 1951-1 for sewer on Miner Street
at sight of proposed new factory, one block east of bridge. The motion was
made by Alderman Halverson and seconded by Morava that the permit be accepted
and the Mayor and City Clerk be authorized to sign same. The motion was
voted upon by acclamation, whereupon the Mayor declared the motion carried.
The Mayor referred the item of renting the loft in the warehouse to
the Public Buildings Committee.
ADJOURNMENT. The motion was made by Alderman Halverson and seconded
by McKay to adjourn. The motion was voted upon by acclamation, whereupon the
Mayor declared the motion carried and the meeting regularly adjourned.
OTTO i . 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,
JANUARY 15, 1951. AT 8:00 P. M.
CALL TO ORDER. The meeting was called to order by Mayor Kenneth G.
Meyer, who presided with Aldermen Davis, Vavrinek, Wolf, Baines, Behrel,
McKay, Clement, Halverson and Morava responding to roll call. Alderman
Hansen was absent due to vacation.
OFFICIAL REPORTS. The Clerk submitted his own report and the
City Treasurer's report for the month of December 1950. The annual report
of the Des Plaines Fire Department was also submitted.
CITY ATTORNEY HOWARD'S REPORT ON RAILROAD CROSSING GATES. The
Clerk read the following report:
Honorable Mayor and City Council
of the City of Des Plaines
City Hall
Des Plaines, Illinois
January 15, 1951
Gentlemen:
Last Friday, January 12th, I appeared before the Illinois Commerce
Commission on our petition against the Soo Line Railroad to install automatic
crossing gates with flasher lights at the Lee and Prairie crossings of the
Soo Line in Des Plaines.
We introduced some evidence as to the nature of the neighborhoods
at each crossing and the physical nature of the crossing itself, and in-
troduced our complete evidence as the traffic count taken at the Prairie
crossing by the West Des Plaines Civic Association and of the traffic count
at the Lee Street crossing taken by the Illinois Commerce Commission. The
Lee Street traffic count, taken by the Illinois Highway Department, at our
request, was conceded by the Railroad.
Prior to the order the Railroad had filed a counter -petition in
the same case to close to highway traffic the Soo Line crossings at Grace -
land and Oakwood.
At the suggestion of the Commerce Commission Examiner and of the
Railroad, we then held a very lengthy discussion as to a possible settle-
ment agreement in the matter. The Railroad offered to install automatic
crossing gates with flasher signals at Lee, Prairie and Thacker crossings
if the City would barricade and close to vehicle traffic Graceland, Oakwood
and Walnut Crossings. The offer, however, did not contemplate the Railroad
bearing the entire expense of the crossing gates. They estimate the cost
of protecting three crossings in this manner would be approximately $54,000.00,
and evidence to substantiate this was produced by their engineer.
They suggest that the State of Illinois could be induced to bear
9og of the cost of the Lee Street expense. They offer to assume the burden
of the other 10% and of the entire expense of one of the other two gates.
They suggest that the City of Des Plaines, or in the alternative, the
County or some other public body, bear all or part of the Thacker crossing,
inasmuch as. this could be designated as an arterial thoroughfare. They
44f
CITY ATTORNEY'S REPORT, CONT'D.
suggest that perhaps Gas Tax Funds would be available for such purpose.
Based on statements of representative citizens of Des Plaines who
were present at the hearing as observers and on -lookers, I would recommend
to the Council that the offer of the Railroad to install the three crossing
gates above mentioned, in return for closing the three crossings above
mentioned, be accepted. I would make it a condition of such acceptance, at
least in the first instance, that no expense of any of the gates be borne
by the City of Des Plaines.
If it is your pleasure that such an offer be accepted, with this
condition attached, namely no expense to the City, then I will proceed to
further conference with the Railroad and with the State and County to
determine if between these bodies all of the expense could be paid for.
If it should develop that we can get most of the expense paid
for but will have to bear some portion of the expense ourselves, I will
report to you further. Before proceeding, however, with extensive conferences
with the Railroad and the State, I should like a definite reaction from you as
to the proposed settlement. There would be little use in extensive confer-
ences if the basic offer is not acceptable to you.
Respectfully submitted,
MSH:rj Marshall S. Howard
City Attorney
The Mayor referred the report to the Strhet and Municipal Develop-
ment Committees and the City Engineer.
The Mayor referred the item of heating the warehouse by Bouton
Foster Company to the Building and Lands Committee.
SPECIAL SE'WL'R RELIEF COMMITTEE. Alderman Wolf reported the follow-
ing:
Due to the inability to attract any assistance from other communi-
ties in our plan to test the validity of a Special Section Sewer Relief Bond
Issue, and wishing to spare our taxpayers this expense, We, the members of
the committee, recommend that the offer of Benjamin & Lang to prosecute this
case through the Supreme Court for a decision, be accepted by the council.
R. G. Wolf Chairman
W. N. Davis
Walter L. Morava
The Mayor referred the report to the Special Sewer Relief and
Finance Committees, City Attorney, City Engineer and himself. The Clerk
was directed to write the Benjamin & Lang to submit a proposition and to
have a representative attend the committee meeting, Monday, January 22, 1951,
at 8:00 P.M. in the Mayor's Office.
Alderman Clement reported of a committee meeting with Judge Sengstock
regarding the building permit violations.
RESOLUTION ON INCREASE OF TELEPHONE RATES. Alderman Davis presented
the following proposed resolution:
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DES PLAINES
WHEREAS, the City of Des Plaines has been notified by the Illinois
Commerce Commission that there is pending before said Illinois Commerce
Commission a petition filed by Middle States Telephone Company praying for
an increase in rates to be charged subscribers within the City of Des Plaines
for telephone services, and
WHEREAS, the City Council upon due consideration and investigation,
is of the opinion that the rates so requested to be approved by said Illinois
Commerce Commission and presently suspended, are not justified and are ex-
cessive,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Des Plaines, as follows:
1. That the Mayor and the appropriate Municipal Authorities co-
ordinate their efforts and the efforts of the City of Des Plaines with those
of the appropriate officers of the City of Park Ridge in opposing the petition
of Middle States Telephone Company now pending before the Illinois Commerce
Commission.
1190
RESOLUTION, CONT'D.
2. That the Mayor and the appropriate Municipal Authorities forth-
with make arrangements for the retaining and employing of adequate expert
assistance and attorneys to properly present before the Illinois Commerce
Commission the opposition of the•City of Des Plaines to the rate increases
requested by Middle States Telephone Company, subject to the approval of
the Council.
BE IT FURTHER RESOLVED by the City Council of the City of Des Plaines
that this Resolution shall be in full force and effect from and after its
passage and approval.
Adopted by the City Council of the City of Des Plaines, Illinois,
this 15th day of January , A. D. 1951.
VOTE: 8 AYES
1 NAYS
1 ABSENT
Approved by me this 15th day of
January A. D. 1951.
Kenneth G. Myer
ATTEST: Mayor
Otto W. J. Henrich
City Clerk
On motion by Alderman Davis and second by Baines, the resolution
was adopted. (Alderman McKay voted no.)
RESOLUTION ON INCREASE OF TELEPHONE RATES. Alderman Davis pre-
sented the following proposed resolution:
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DES PLAINES
WHEREAS, the City of Des Plaines has been notified by the Illinois
Commerce Commission that there is pending before said Illinois Commerce
Commission a petition filed by Middle States Telephone Company praying for an
increase in rates to be charged subscribers within the City of Des Plaines
for telephone services, and
WHEREAS, the City Council upon due consideration and investigation,
is of the opinion that the rates so requested to be approved by said Illinois
Commerce Commission and presently suspended, are not justified and are ex-
cessive,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Des Plaines as follows:
1. That the City of Des Plaines by its appropriate officers and
attorneys appear before said Illinois Commerce Commission to oppose the
entry of any order authorizing an increase in the rates in manner and form
as prayed by the petition of the Middle States Telephone Company.
2. That the Illinois Commerce Commission be notified -that the
Municipal Authorities of the City of Des Plaines oppose the entry of any
order granting an increase in rates to the Middle States Telephone Company.
3. That the City Clerk forthwith deliver to the Illinois Commerce
Commission a certified copy of this Resolution.
BE IT FURTHER RESOLVED by the City Council of the City of Des Plaines
that this Resolution shall be in full force and effect from and after its
passage and approval.
Adopted by the City Council of the City of Des Plaines, Illinois,
this 15th day of January A.D. 1951.
VOTE: 9 AYES
0 NAYS
1 ABSENT
Approved by me this 15th day
of January A.D. 1951.
Kenneth G. Meyer
ATTEST: Mayor
Otto W. J. Henrich
City Clerk
/79/
On motion by Alderman Davis and second by McKay, the resolution was
adopted.
Alderman Davis reported on a defense meeting of other cities and
state officials.
PASS SLING SHOT AND AIR GUN ORDINANCE. The Clerk read for second
reading the following proposed ordinance entitled:
AN ORDINANCE REGULATING THE SALE
AND USE OF AIR GUNS AND SLING SHOTS
The motion was made by Alderman Clement and seconded by Vavrinek
to pass the proposed ordinance. The Mayor put the question, and the Clerk
called the roll with the following result: Ayes: Aldermen Davis, Vavrinek,
Wolf, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: None.
The Mayor thereupon declared the motion carried and the proposed ordinance
passed.
H. M. CORNELL'S LETTER ON USED CAR LOT. The Clerk read a letter
from H. M. Cornell regarding an application for a used car lot in Cumberland
voicing his objection. The Mayor ordered the letter placed on file.
OPEN BIDS FOR TWO -TON TRUCK. On motion by Alderman Clement and
second by Vavrinek, the Clerk was instructed to open the following bids for
a two -ton truck:
Kuhlman & Nagel $3,093.50
Brown -Orth Motors, Inc 3,177.33
Purnell & Wilson 3,591.02
Des Plaines Motor Sales, Inc . . . 3,690.86
The Mayor declared a recess so that the Finance and Street Com-
mittees could check the bids.
After reconvening, the motion was made by Alderman Halverson, and
seconded by McKay to award the bid to Kuhlman & Nagel for a Dodge Truck for
$3,093.50. The Mayor put the question, and the Clerk called the roll with
the following result: Ayes: Aldermen Davis, Vavrinek, Wolf, Baines, Behrel,
McKay, Clement, Halverson and Morava. Nays: None. The Mayor thereupon de-
clared the motion carried.
At the request of Alderman Behrel, the Mayor referred the item
concerning the hours of parking for meter payments to the Public Protection
Committee.
Alderman Clement informed the Council he had received plans for
remodeling the Building Inspector's office. The Mayor referred the plans
to the Building and Lands Committee.
Alderman Clement reported that Mr. W. Plew made application to
install a fuel oil tank in the parkway at First and Walnut. The Mayor re-
ferred the item to the City Attorney for contract and bond.
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 bilis placed before each alderman and affixed to
resolution and on file with the City Clerk.)
The motion was made by Alderman Baines 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 Davis, Vavrinek,
Wolf, Baines, Behrel, McKay, Clement, Halverson and Morava. Nays: None.
The Mayor thereupon declared the motion carried and the resolution adopted.
APPROVAL OF MINUTES. The motion was made by Alderman Halverson
and seconded by Morava to approve the minutes of January 2, 1951 and the
49z
APPROVAL OF MINUTES, CONT'D.
Special Meeting of January 8, 1951. The motion was voted upon by acclama-
tion, whereupon the Mayor declared the motion carried and the minutes ap-
proved.
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.
OT 1 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,
MONDAY. FEBRUARY 5. 1951. 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 F. Rieck, and the City Clerk—for the month of January.
A combined report was also submitted by Engineer Fletcher and
Superintendent Wernicke regarding the Chicago Board of Underwriters report
on the fire fighting equipment and water mains. On motion by Alderman
Halverson and second by Morava, the Clerk was instructed to send a copy of
the report to the Board of Underwriters asking for comment.
ATTORNEY MARSHALL S. HOWARD'S REPORTS. The Clerk read the follow-
ing reports which were ordered placed on files
February. 5, 1951
Honorable Mayor and City Council
Ci of Des Plaines
Ci Hall
Des Plaines, Illinois
Gentlemen:
There has been distributed to each one of you Chapter 13 and a
part of Chapter 14 of -the Revised City Code.
I want to call your attention to the fact that Chapter 14 is
only partially completed and that there is a substantial portion yet to
Come.
Respectfully submitted,
M. S. Howard
MSH:rj City Attorney
February 5, 1951
Honorable Mayor and City Council
City of Des Plaines
City Hall
Des Plaines, Illinois
Gentlemen:
A new lawsuit recently has been commenced by Mr. Clifford 0. Lund
and wife, who claim to be owners of the lot lying immediately adjacent to
the Lund Coal Company property on Oakton Street. The lot is on the south
side of Lincoln Avenue, immediately to the East of and adjoining the Soo
Line tracks. The lot was recently rezoned from industrial to residential
classification. Mr. Lund alleges that he purchased the lot relying on the
industrial zoning, paid a price based on industrial alning and always in-
tended to and now is planning to use the lot for industrial purposes.