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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.