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05211951ADJOURNMENT. The motion was made by Alderman Clement and seconded by Wolf to adjourn. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried and the meeting regularly adjourned. (4t74;plitAMA:111 CITY CLERK �.9 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, MONDAY. MAY 21. 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, Wolf, Tures, Behrel, Sehallawits, McKay, Clement and Morava responding to roll call. Alderman Auck was absent. OFFICIAL REPORTS. The City Clerk submitted the monthly report of City Treasurer, L. C. Barrett. REPORTS OF CITY ATTORNEY, MARSHALL S. HOWARD., The Clerk read the following reports: May 10, 1951 Honorable Mayor and City Couneil of the City of Des Plaines City Hall. Des Plaines, Illinois Gentlemen: This is to inform you that on Wednesday, May 9, 1951, Judge Fisher ruled upon the appeal of George Brautigan from the Civil Service Commission of the City of Des Plaines and affirmed the decision of our Civil Service Commission in denying any relief to Mr. Brautigan. An order has been entered confirming the decision of the Commission and dismissing the appeal of Mr. Brautigan. Yours very truly, Marshall S. Howard MSH:AR City Attorney The Mayor ordered the report placed on file. May 2, 1951 Honorable Mayor and City Council of the City of Des Plaines City Hall Des Plaines, Illinois Gentlemen: A long time ago a special assessment proceeding was filed by the City of Des Plaines in the County Court that is known as Special Assessment 512453. It was filed for the purpose of opening and widening certain streets in the south side of town. The land necessary for the street was obtained and paid for and several vouchers for a total principal sum of $2,000.00 payable from the special assessment were sold in order to pay for the street. After this was done the depression hit and the entire project was abandoned. The special assessment was confirmed in the County Court and in spite of the fact that it has been abandoned and nothing further done, the same stands as a lien against innumerable properties in the area affected by it. It is, particularly irritating to the numerous property owners who buy and sell real estate in the area because nothing can be done about it. Even if the owner wanted to pay, it could not be done, for he could not obtain a bill and pay it and there is no legal way in which it can be discharged and satisfied except by legal action as herein outlined. In order to obtain mortgages affected by it and in order to make sales of property affected by it, property owners have put up literally thousands of dollars with the Chicago Title & Trust Company as an escrow or guaranty deposit against completion of the special assessment. In some cases it has prevented sale. or mortgage of properties because insurance companies making mortgages have refused to accept the title with a special assessment lien and purchasers relying on such mortgages have been forced to abandon deals. MARSHALL HOWARD'S REPORT, COMM. One man in the area has lost two sales of his property because of it. This is particularly true in the case of property registered under the Torrens system, where there is no legal way of taking the assessment off the title, even with an escrow or guaranty deposit. I personally have been called by various property owners, pur- chasers, mortgagors and even by the Torrens system of Cook County, requesting that the City of Des Plaines take some action to cancel out this assessment. Ordinarily a special' assessment that has been abandoned can be dismissed upon a motion in open court of the City. This is not true where vouchers payable from the assessment have been issued and are unpaid. We have no right, therefore, to accomodate the property owners by going into Court to dismiss the special assessment proceeding until the vouchers aforesaid have been taken care of. I have been informed that the vouchers are now in the possession and ownership of one William L. Kunkel. There is due against the vouchers at this time the $2,000.00 in principal and an estimated $2,320.00 in interest, or a total of 1$4.,320.00. The vouchers were issued January 12, 1931. Mr. Kunkel has indicated that he would sell the vouchers to the City so they might be cancelled and the special assess- ment proceeding dismissed, upon payment of the original principal sum of $2,000.00. I do not by this letter mean to be understood as recommending the payment of the vouchers as requested. I merely state the problem as it has come to 4 attention so that the City Council might determine whether it is better to save the money and let the present situation continue to stand as a lien on special assessment on this real estate, or whether it is better to spend the money and relieve the property owners who are troubled by this situation. MSH:rj Respectfully submitted, Marshall S. Howard City Attorney The Mayor referred the report to the Finance Committee, City Attorney and Mayor. Attorney Howard reported that the City won the suit against the A. & S. Farmer Market, but that the maximum fine was only five dollars. He suggested that the ordinance "unlawful use orstreets" be amended to have a maximum fine of $200.00. On motion by Alderman Hansen and second by Morava, the attorney was instructed to draft an amendment. Alderman McKay reported on a letter from Kenneth Meyer regarding the payment of one hundred per cent of principal on special assessments No. 12 and No. 14 on lot owned by George Koehler, Jr., that the offer be accepted -- the City Attorney to draft an ordinance. On motion by Alderman McKay and second by Morava the report was concurred in. APPROVAL OF BILLS. Alderman McKay, 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 resolution and on file with the City Clerk.) The motion was made by Alderman McKay and seconded by Clement to adopt the proposed resolution. The Mayor put the question, and the Clerk called the roll with the following results Ayes: Aldermen Hansen, Davis, Wolf, Tures, Behrel, Schallawits, McKay, Clement and Morava. Ways: None. The Mayor thereupon declared the motion carried and the resolution adopted. The Mayor referred the matter of water main and fire hydrant at Hannifin Company property to the Water Committee and the City Engineer. Alderman Tures reported water seeping in the water softening plant building from ra in. The Mayor referred the matter to the Water Com- mittee, City Engineer and Superintendent of Public Works. Engineer Fletcher reported on some action beingtaken by the Sani- tary District on extension of sewer to Mount Prospect. PASS ORDINANCE IN RE 12 MILE SPEED IN ALLEYS. The Clerk read for second reading the following proposed ordinance entitled: AN ORDINANCE TO AMEND CHAPTER 23 ENTITLED "TRAFFIC" OF THE CITY CODE OF THE CITY OF DES PLAINES AS HERETOFORE AMENDED RELATING TO THE SPEED'OF VEHICLES UPON maims. On motion by Alderman Hansen and second by Behrel, a 12 mile speed limit was placed in ordinance. The motion was then made by Alderman Clement and seconded by Behrel to pass the proposed ordinance. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Davis, Wolf, Tures, Behrel, Schallawits, McKay, Clement and Morava. Nays: None. The Mayor thereupon declared the motion carried and the ordinance adopted. The Clerk was instructed to write to the State Highway Department regarding signs or lights at Algonquin and Mannheim Rds. H_H ELECTRIC COMPANY AWARDED BID ON STOP LIGHTS AT PEARSON AND GRACELAND ON MINER. On Motion by Alderman Hansen and second by Behrel, the Clerk was instructed to open the bids. The following bids were received: H -H Electric Company, River Grove, Illinois . . . $15,982.00 Wood Electrical Const., Inc., Chicago, Illinois . 16,991.30 White City Electric Company, Chicago, Illinois . . 17s 900.00 On motion by Alderman Behrel and second by Clement, the bids were referred to the Street Committee, City Engineer and State representative. After a recess, the motion was made by Alderman Hansen and seconded by Morava to award the bid to the H -H Electric Company. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Davis, Wolf, Tures, Behrel, Schallawitz, McKay, Clement and Morava. Nays: None. The Mayor thereupon declared the motion carried. The Mayor told the City Engineer to inform the H -H Electric Company that the bid would be canceled if they delayed the installation too long. DES PLAINES POST NO. 2992 LETTER. The Clerk read a letter from the Post No. 2992, requesting permission to hold a carnival June 18th to 24th, 1951. On motion by Alderman Morava and second by Schallawitz the request was granted. The Clerk informed the Council of a County Zoning Hearing near Park Ridge. The Clerk was ordered to place the notice on file. ADOPT RESOLUTION IN RE SIDE YARD REQUIREMENTS, Q. 51-9. The Clerk read the following proposed resolution: RESOLUTION WHEREAS, the City Council has recently amended the Zoning Ordinance of the City of Des Plaines with reference to side yard or side line require- ments, and whereas there has been a considerable amount of complaint from builders and owners about the severity of such side yard or side line re- quirements, and numerous suggestions have been made for improvement or revision of such ordinance, and WHEREAS, any further amendment to said side yard ordinance should be referred to the Zoning Board of Appeals sitting as a commission, because it is an amendment to the Zoning C©de. NOW, THEREFORE, BE IT RESOLVED that there shall.be and is hereby referred to the Zoning Board of Appeals of the City of Des Plaines, sitting as a commission, a question of complete reconsideration of aide yard or side line requirements in residence districts for the purpose of holding a public hearing thereon and to report back to the City Council of Des Plaines its recommendations with reference to revision, if any, of the said side yard or side line requirements. Adopted by the City of Des Plaines on the 21st day of I,, 1951. Otto W. J. Henrich City Clerk Kenneth G. Meyer Mayor RESOLUTION, CONT'D. The motion was made by Alderman McKay and seconded by Morava to adopt the proposed resolution. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried and the resolution adopted. DIVISION OF HIGHWAYS LETTER AND RESOLUTION. The Clerk read the following letter: Mr. Otto W. J. Henrich City Clerk City Hall Des Plaines. Illinois May 8, 1951 Dear Sir: I attach hereto for signature duplicate copies of Permit -No. 10-9762 covering a street entrance on Touhy Avenue at Magnolia Street as requested by your City Engineer. Please have both copies properly signed and both copies of the attached resolution properly filled out and return all copies to me for completion by the Department. Yours very truly, C. H. Apple District Engineer The Clerk then read the following resolution: RESOLUTION WHEREAS, the City of Des Plaines located in the County of Cook, State of Illinois, wishes to locate. construct. operate and maintain a bitumi- nous treated macadam surfaced street entrance 10 inches thick and 20 feet wide with 20 foot radius returns on the north side of Touhy Avenue at Magnolia Street. Seventy feet of 18 inch culvert shall be installed in the existing__ ditch on the north side of Touhy Avenue with flow line set to provide adequate drainage. Concrete curb & gutter shall be constructed along sides of the entrances and around the 'street turns, which by law comes under the jurisdiction and control of the Department of Public Works and Buildings of the State of Illinois, and WHEREAS, a permit from said Department is required before said work can be legally undertaken by said City of Des Plaines, now THEREFORE, be it resolved by the City of Des Plaines, County of Cook, State of Illinois. First: That we do hereby request from the Department of Public Works and Buildings, -State of Illinois, a permit authorizing the City of Des Plaines to proceed with the work herein described. Second: That we hereby pledge the good faith of the City of Des Plaines, and guarantee that all work shall be performed in accordance with the conditions of the permit to be granted by the Department of Public Works and Buildings of the State of Illinois and to hold the State of Illinois, Department of Public Works and Buildings, harmless on account of any damages that may occur to persona or property during the prosecution of such work, and assume all liability for damages to persons or property due to accidents or otherwise by reason of the work which is to be performed under the pro- visions of said permit. . Third: That we hereby state that the proposed work is not tobe performed by the employees of the City of Des Plaines. Fourth: That the proper officers of the City of Des Plaines hereby instructed and authorized to sign said permit in behalf of the City of Des Plaines. I, Otto W. J. Henrich, hereby certify the above to be a true copy of the resolution passed by the City Council of the City of Des Plaines, County of Cook, State of Illinois. Dates this 21st day of Mme, A.D. 1951. Otto W. J. Henrich (Corporate Seal) City Clerk M-202 The motion was made by Alderman Davis and seconded by Clement that the resolution be adopted, and the Mayor and City Clerk sign the permit on condition that no work be started until the contractor deposits a bond or certificate of insurance for $100,000.00, protecting the City of Des Plaines from any liability. The motion was voted upon by acclamation, whereupon the error declared the motion carried. The Mayor referred the item of fuel oil for the City Hall and Warehouse to the Building Committee. CHICAGO SANITARY DISTRICT SEWER PERMIT NO. 1951-20. The Clerk read the following Letter: Mr. Otto W. J. Henrich City Clerk, City of Des Plaines Municipal Building Des Plaines, Illinois May 9, 1951 Dear Mr. Henrich: In compliance with the request of E. N. Fletcher, Engineer forthe City of Des Plaines, Sanitary District Sewer Permit No. 1951-20 has been issued to the City of Des Plaines to cover the construction of sewer extensions in Alfini Drive, Wolf Road, and Algonquin Road, as further described in said permit. Three copies of the permit are enclosed, and it is requested that the permit be duly accepted, signed, and sealed by the proper offieials,and that the copy stamped "The Sanitary District of Chicago" be returned to this office, and the copy marked "Contractor's Copy" be given to the contractor. Construction is prohibited until the permit stamped "The Sanitary District of Chicago," properly signed, has been received in the office of the Chief Engineer of The Sanitary District of Chicago, and arrangements have been made with the Sanitary District Field Engineer (Call Blshop 2-3144, Local 349) for the method of procedure and inspection of the work. LP:RMN Copy to - Mr. E. N. Fletcher City Engineer Municipal Building Des Plaines, I11. Yours very truly, Langdon Pearse SANITARY ENGINEER On motion by Alderman Morava and second by Schallawits, the Mayor and the City Clerk were authorized to sign to execute the permit. Alderman McKay reported concerning the freight cars on the Belt Line near Golf Road and said the City Clerk had contacted an official of the railroad. Alderman Hansen reported the desirability of making Center Street a permanent one-way street from Ellinwood Street to Thacker Street. The Mayor referred the matter to the Traffic Commission. Alderman Hansen also reported about making Harding a stop street at Graceland. The Mayor referred this matter to the Street Committee and Traffic Commission. Alderman Clement reported that he thought the northwest corner of Lee and Thacker Streets should be rounded or widened. The Mayor referred the item to the Street Committee and the Superintendent of Public Works. Alderman Clement suggested that Prairie Avenue west of Soo Line be made a one-way street to Wolf Road and that the United Motor Coach re-route their buses on Thacker Street. The Mayor referred the matter to the Street Committee and Traffic Commission. Alderman Morava requested that the safety of children at Algonquin Road and Center Street be referred to the Public Protection Committee and the Safety Council. Mayor Meyer reported on the Nebel Trailer Camp case. On motion by Alderman McKay and second by Davis, the Clerk was instructed to write to the County Zoning Board to appeal Judge Fisher's decision. The Mayor referred the matter of using the City sewer for Nebel Trailer Camp to the Sewer Committee. The City Clerk was instructed to write the State representatives to oppose H. B. 665 - Plumbers License Bill. DES PLAINES POST NO. 222g * DISABLED VETERANS VEHICLE LICENSE. The Clerk read the following letter: May 15, 1951 Honorable Kenneth G. Meyer Mayor of Des Plaines Des Plaines, Illinois Dear Sir: This is to advise that at a meeting held on May 3, 1951, a resolution was unanimously adopted by the members of the above organisation urging the Des Plaines City Council to seriously consider the passing of an ordinance, whereby disabled veterans of the community would be able to obtain gratuitous City vehicle licenses upon due proof that they are entitled to and are holders of vehicle license plates issued to disabled veterans by the state of Illinois. Respectfully yours, K. A. Braun Adjutant On motion by Alderman Wolf and second by Morava, the City Attorney was instructed to draft an ordinance to give the disabled veterans the same consideration as granted by the State. p PLAINES PUBLIC SCHOOL'S LETTER REQUESTING THE REMOVAL OF TREES. The Clerk read the following letter: May 1, 1951 Mr. Kenneth Meyer, Mayor City Hall Des Plaines, Illinois Dear Mr. Meyer: Our Board of Education is interested in having a number of trees removed from our West School parkways. Our Mr. Keedy and your Mr. Wernicke have had some conversation with reference to this topic. At a meeting of our Building Committee on April 27,,I was directed to write you to inquire if the city would not undertake to remove above mentioned trees as designated by us. May we hear from you at your earliest convenience. Thank you for your consideration of this matter. LS:es Yours sincerely, DES PLAINES PUBLIC SCHOOLS Leon Smaage Superintendent The Mayor referred the letter to the Street Committee. APPROVAL OF MINUTES. The motion was made by Alderman Behrel and seconded by Morava to approve the minutes of May 7, 1951. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried and the minutes approved. ADJOURNMENT. The motion was made by Alderman Davis and seconded by Clement to adjo*rn. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried and the meeting regularly adjourned. (mfr2 /61/11/Vdi OTTO . J. HENRICH C TY CLERK