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06181951MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES ILLINOIS, HELD IN THE COUNCIL CHAMBERS, MONDAY, JUNE 18. 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, Wolf, Tures, Behrel, Schallawitz, McKay, Clement, Morava and Auck responding to roll call. Alderman Davis was absent. OFFICIAL REPORTS. The Clerk submitted the monthly reports for May of Treasurer, L. C. Barrett and Building Inspector, Arthur F. Rieck. COMMITTEE REPORTS. The Mayor referred the purchase of a new squad car to the Public Protection Committee on suggestion of Chief Wigham. On suggestion of Superintendent of Public Works, E. R. Warnicke, the Mayor referred the matter of the Public Service Company installing the gas main to the Water Plant to the Water Committee. Alderman Behrel reported of a meeting with representatives of several subdivisions regarding the creation of a fire district outside the city limits. Alderman Morava reported that he had attended the Oak Park meeting of officials of municipalities in regard to the legislation for annexation to Chicago. The Mayor referred to the License Committee and the Building Inspector the item of checking the building permit fees on large valuations. Alderman Tures reported the need of a chlorinator and turbin bowl section. The motion was made by Alderman Wolf and seconded by Behrel that the City purchase a chlorinator from Wallace Tierney Company at a cost of $2,000.00 and turbin bowl section from Aurora Pump Company at a cost of $2,500.00. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Wolf, Tures, Behrel, Schallawitz, McKay, Clement, Morava and Auck. Nays: None. The Mayor thereupon declared the motion carried. CITY ATTORNEY'S REPORTS. The Clerk read the following report: June 18, 1951 Honorable Mayor and City Council of the City of Des Plaines City Hall Des Plaines, Illinois Gentlemen: Last Thursday, June 14th, we had an extensive hearing before the Illinois Commerce Commission on the application of the City to require the Soo Line to install crossing gates at Prairie, Thacker and Lee Streets, and on the counter -petition of the railroad to close Graceland, Walnut and Oakwood to vehicular traffic. The railroad argued strongly for the closing of Graceland, but at the insistence of our fire department and others I refused to agree and it was finally decided to leave Graceland open. The railroad then argued that Grace - land should not be left without gate protection and insisted that gates be installed at this intersection at the City's expense. The Commission's safety expert, who was present, and the highway engineers, representing the State of Illinois, agreed, too, that this crossing should be protected if left open and if the other three crossings are likewise protected. After considerable bargaining, the following tentative agreement was offered: 1. The State agreed to pay 90% of the cost of the Lee Street crossing and the Soo Line, 10%. 2. The County agreed to pay 90% of the expense of the Thacker crossing and the Soo Line, 10%. 3. The Soo Line agreed to bear 100% of the expense of the Prairie Avenue crossing. 4. The City is to bear 90% of the Graceland corssing and the Soo Line, 10%. All commitments, of course, are subject to ratification by the respective governments involved. CITY ATTORNEY'S REPORTS, CONT'!). The cost of the gates were estimated at approximately $20,000 each. This is supposed to be a top estimate to take care of possible increase in prices over the course of the next few months while paper work is being done and final approval obtained all around. The cost of the gates at the present time is estimated at about $18,000 to $19,000, each. If the City chooses to approve payment of 90% of the Graceland crossing, it is entitled to use gas tax funds for such purpose. The State highway engineer present indicated that the Highway Department would approve an application from us for such purpose. In the event the City feels it can get along without Graceland open and will agree to close it to vehicular traffic, the City would not have to bear any expenses whatsoever of the crossing gates and the other commitments would remain the same. Considerable amount of paper work, contracts, engineering work and approvals, all the way from the county to the federal government, are required before any concrete work can be undertaken. It is therefore quite important that the City act promptly to approve'or reject the proposal and I should like to have your prompt reaction to it. City Engineer Fletcher was present with me at the hearing and took an active and helpful part in the discussions and negotiations. If there are any questions about the proposals or discussions before the Commission, in n absence I am sure that Mr. Fletcher can answer them. MSH:AR The Mayor referred the the City Engineer. The Mayor referred the matter regarding -Walnut and Oakwood Avenues to the Municipal Development and Street Committees, Chief Wigham, Chief Lagerhausen and City Enginner. Respectfully submitted, MARSHALL S. HOWARD City Attorney item of widening streets for estimates to The Clerk read the following report: June 18, 1951 Mayor and City Council of the City of Des Plaines City Hall Des Plaines, Illinois Gentlemen: As you probably know by the newspapers, Messrs. Booth and Stoffels, representing plaintiff, and myself, representing Des Plaines, were successful in defending the application of Middle States Telephone Company for a temporary increase in telephone rates in Park Ridge and Des Plaines, pending the hearings before the Commerce Commission for the permanent increase. This means a savings for the time being to telephone users in Park Ridge and Des Plaines of approximately $1,000.00 a day, and indicates money thus far spent in defense of the case has been well invested. Respectfully submitted, MSH:AR MARSHALL S. HOWARD City Attorney The Mayor ordered the report placed on file. The Clerk then read the following report: June 7, 1951 Honorable Mayor and City Council of the City of Des Plaines City Hall Des Plaines, Illinois Gentlemen: On June 4th, 1951, there was referred to me the question of studying the fire protection tax rate limits and I find as follows: Section 39-1 of the Cities and Villages Act authorises a tax of two-tenths of one percent of the full fair cash value of taxable property. The same section, however, specifically makes such a provision subject to Section 162-A of the Revenue Act. Section 162-A sets up what are most commonly known as the "Butler Bills" which became effective a few years ago when CITY ATTORNEY'S REPORTS, CONT'D. assessed valuations were increased from 37% in Cook County to 100%. This, in turn, limits the rate to 31% of the two-tenths of one percent provided for in Section 39-1, with an allowable increase of 5% over this 31%. This is the rate now being enforced by the County Clerk on our fire protection tax levy, and Section 39.1, therefore, affords us no relief. As near as I can determine from the statutes, the only relief available to us is a referendum under the provisions of Section 162-A of the Revenue Act. Under the referenda provisions of 162-A, the Council may authorize an election to be held to provide an increase in any fund of the City up to a 25% increase over what is now being collected. This, for the time being, is the only relief available to us and this can only be had upon a ref- erendum approved by the voters in accordance with the provisions of the Revenue Act. There is presently pending in the legislature a drastic revision of Section 162-A. It is hard to state at this time, until the bill is passed, whether it will create a more favorable situation or not. Inasmuch as it is doubtful that a referendum could be held, with the necessary notice provisions, etc. before the tax rate for the current year must be filed with the County Clerk, it might be just as well to await the final passage of the amendment to Section 162-A and then take steps to obtain relief under the new statutes for the following year. Respectfully submitted, MSH:rj MARSHALL S. HOWARD City Attorney The Mayor ordered the report placed on file. REPORT OF TRAFFIC COMMISSION. The Clerk read the following report: June 18, 1951 Mr. Otto Henrich City Clerk City of Des Plaines, Illinois Dear Mr. Henrich: Attached herewith please find three Committee Reports, all of which have been discussed by us and our recommendations are as follows: The first report refers to making Center Street a one-way street from Ellinwood Street to Thacker Street. Since Center Street from Ellinwood Street to Prairie Avenue is already a one-way street, we do not concur in the one-way street on Center from Prairie Avenue to Thacker Street and recommend to the City Council that no change be made at this time. We do, however, recom- mend four-way stop signs for the intersection of Center Street and Prairie Avenue. In regard to the second report, we do not concur in the recommendation of a one-way street on Prairie Avenue from the Soo Line Railway to Wolf Road at this time, nor do we suggest any rerouting of United Motor Coach buses at present. We have given this phase of the report considerable observation and also have on file a letter from the United Motor Coach Company in which they have discussed the problem with their supervisors and drivers; and they, too, suggest that changes are not necessary at this time insofar as hindrance to the flow of traffic is concerned. We do, however, recommend that the continu- ation of no parking on Prairie Avenue on the south side of the street be formed from Second Avenue west to Wolf Road. The third committee report refers to stop signs to be placed on streets intersecting Harding Avenue. In reply to this report we recommend the posting of stop signs on Laurel Avenue, on Alies Street, on Willow Street, and on Oak Street at the approach of Harding Avenue. We have been informed that Wolf Road does not carry a speed limit in our City Ordinance from Thacker Street to Algonquin Road, and we recommend that the ordinance be amended to create a 35 -mile speed limit on Wolf Road between these two intersecting streets. We also recommend to the City Council that our City Engineer be consulted before the Soo Line Railway crossing gates are installed so that their construction not be disturbed if and when these various streets would be widened, which may be in the near future. VLS:sj Respectfully yours, DES PLAINES TRAFFIC COMMISSION V. L. Spiegler, Secretary TRAFFIC COMMISSION REPORT, CONT'D. On motion by Alderman Hansen and second by Morava, the report was concurred in to make Harding Avenue a through street and the City Attorney be instructed to draft an ordinance. On motion by Alderman Hansen and second by Tures, the report was concurred in; not to make Center Street one-way from Prairie to Thacker Street, and to make a four-way stop at Center Street and Prairie Avenue, the City Attorney to draft an ordinance. On motion by Alderman McKay and second by Clement the report was .:concurred in not to make Prairie Avenue a one-way street from the Soo Line to Wolf Road, but the City Attorney to draft an ordinance for no parking on the south side of Prairie Avenue from Second Avenue west to Wolf Road. On motion by Alderman Hansen and second by Tures the report was concurred in to create a 35 -mile speed limit on Wolf Road between Algonquin Road and Thacker Street, the City Attorney to draft an ordinance. The Clerk read the following letter: City Council of Des Plaines To Whom it May Concern: June 18, 1951 This is to state that I have been granted permission to install a miniature golf course at the rear of 1593 Ellinwood Street dated August 8th, 1950. I wish to apply for a transfer of location of this permit to the triangular point of land at Mannheim and River Rds. This property is large enough to facilitate both a miniautre course and a sizable parking area, as I plan to use about * of the lot for the course. Permission for this project has been granted by Mr. Wm. Kunkel,the owner of the property. Respectfully, E. W. Rypkema 1570 Miner St. Des Plaines, I11. Mr. Rypkema will be requested to submit plans for the Municipal Development Committee, showing area of golf course and parking lot. 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 Wolf to adopt the proposed resolution. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Wolf, Tures, Behrel, Schallawitz, McKay, Clement, Morava and Auck. Nays: Nona,. The error thereupon declared the motion carried and the proposed resolution adopted. The Clerk read the following letter: Mayor Kenneth Meyer o City Clerk's Office City Hall Des Plaines, Illinois Dear Mayor Meyers Please accept on behalf of the Theta Delta Alpha Fraternity, our most sincere thanks for your very generous cooperation in the Boy Scout elections held recently in Des Plaines. June 13, 1951 THANK YOU LETTER, CONT'D. We would greatly appreciate this letter being read publicly at a council meeting in order that all members of the city government who lent a hand in this endeavor be aware of our gratitude. EMC:HP Very truly yours, Ernest M. Cassell The Mayor ordered the letter placed on file. The Clerk then read the following letter: Mr. Arthur Rieck Building Inspector, City of .Des Plaines Des Plaines, Illinois Dear Mr. Rieck: The Texas Compair has tentatively arranged a lease agreement with Mr. William L. Kunkel, 1401 Prairie Avenue, Des Plaines, covering the vacant land at the northeast corner of Lee and Perry Streets. The agreement provides, among other considerations, that The Texas Company will construct, equip and maintain a modern service station with proper drives, etc. In accordance with an ordinance passed on May 16, 1938, and amended on January 20, 1947, entitled, "An Ordinance to Regulate, Limit and Restrict the Place of Building Gasoline Service Stations and of Gasoline Storage Tanks within the City of Des Plaines, Cook County, Illinois," Section No. 2, the location of a service station must be in excess of 750' of any church, school, hospital, fraternal lodge, hall, theater, or another existing service station. The subject property is located within 750' of an existing school, and is also adjacent to the new Elks Building. It is respectfully requested that an exception to the above mentioned ordinance be considered by the City Council of the City of Des Plaines, and your office. This request is based on the fact that there is no apparent objection to our proposed improvement by the Elks Club; also, it is my understanding that the school on Perry Street, east of the subject location, is to be removed from its present location. A survey of the subject location, a tentative general arrangement plan and tentative plans and specifications covering our proposed improvement, have recently been submitted to your office. Thank you for your consideration. June 18, 1951 Real Estate - Des Plaines, Illinois NE Corner Lee & Perry Streets S53 JKC/FF Very truly yours, J. K. Cameron Real Estate Agent The Mayor referred the letter to the Building Permit Committee. PASS ORDINANCE, "REGULATIONS AS TO AWNINGS." The Clerk read for first reading the following proposed ordinance entitled: AN ORDINANCE TO AMEND SECTION 257 OF CHAPTER 9, RELATING TO SIDEWALKS OF THE CITY OF DES PLAINES, OF THE MUNICIPAL CODE OF THE CITY OF DES PLAINES, 1928, AS AMENDED. The motion was made by Alderman Clement and seconded by Behrel 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, Wolf, Tures, Behrel, Schallawitz, McKay, Clement, Morava and Auck. 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 Hansen 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, Wolf, Tures, Behrel, Schallawitz, McKay, Clement, Morava and Auck. Nays: None. The Mayor there- upon declared the motion carried and the ordinance adopted. PASS ORDINANCE TO REPEAL SECTION agi, "STORING GOODS IN WALK." The Clerk read for first reading the following proposed ordinance entitled: AN ORDINANCE TO REPEAL SECTION 256 OF CHAPTER 9, RELATING TO "SIDEWALKS" OF THE MUNICIPAL CODE OF THE CITY OF DES PLAINES, 1928, AS AMENDED. ORDINANCE IN RE "STORING GOODS IN WALK; CONT'D. The motion was made by Alderman Clement and seconded by McKay 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, Wolf, Tures, Behrel, Schallawitz, McKay, Clement, Morava and Auck. Nays: None. The Mayor thereupon declared the motion carried, the rules suspended and the proposed ordinance before the Council for final passage. The motion was 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, Wolf, Tures, Behrel, Schallawitz, McKay, Clement, Morava and Auck. Nays: None. The Mayor thereupon declared the motion carried and the ordinance adopted. PASS ORDINANCE IN RE BLOCKING SIDEWALK. The Clerk read for first reading the following proposed ordinance entitled: AN ORDINANCE TO AMEND SECTION 301 OF CHAPTER 10, RELATING TO STREETS AND SIDEWALKS, OF THE MUNICIPAL CODE OF THE CITY OF DES PLAINES OF 1928. AS AMENDED. The motion was made by Alderman Clement and seconded by Morava 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, Wolf, Tures, Behrel, Schallawitz, McKay, Clement, Morava and Auck.. Nays: None. The Mayorthereupon declared the motion carried, the rules suspended and the proposed ordinance before the Council for passage. The motion was made by Alderman Hansen and seconded by McKay to pass the proposed ordinance. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Hansen, Wolf, Tures, Behrel, Schallawitz, McKay, Clement, Morava and Auck. Nays: None. The Mayor there- upon declared the motion carried and the ordinance adopted. FIRST READING OF ORDINANCE IN RE SPECIAL ASSESSMENT LIENS, LOT 18, BLOCK 1, MECHANIC'S ADDITION. The Clerk read for first reading the follow- ing proposed ordinance entitled: AN ORDINANCE FOR THE SALE AND AS- SIGNMENT OF SPECIAL ASSESSMENT LIENS OF SPECIAL ASSESSMENT WARRANTS NUMBERED 12 AND 14, OF THE CITY OF DES PLAINES. The Mayor ordered the proposed ordinance placed on file for second reading.. PASS RESOLUTION ON MAINTENANCE OF ARTERIAL STREETS, JULY 1st TO DECEMBER 31st, 1 511. The Clerk read the following proposed resolution: RESOLUTION FOR MAINTENANCE OF ARTERIAL STREETS OR STATE HIGHWAYS BY MUNICIPALITY UNDER THE MOTOR FUEL TAX LAW. BE IT RESOLVED, by the Council of the City of Des Plaines, Illinois, that there is hereby appropriated the sum of $3,000.00 of Motor Fuel Tax funds for the purpose of maintaining under the Motor Fuel Tax Law, the following described arterial streets or State Highways, from July 1 , 1911 to December 30, 1911. ' Arterial ' Street or ' Route 8 STREET 1 PORTION TO BE MAINTAINED 1 From (Street) ' To (Street)' t ' Prospect Ave. 19 Orchard St. 1 White 1 Prospect Maple Oakton BE IT FURTHER RESOLVED, that the Clerk shall, as soon as practicable after the close of the period as given above, submit to the Department of Public Works and Buildings, Division of Highways, on forms furnished by said Department, a certified statement showing expenditures from and balances re- maining in this appropriation; and, RESOLUTION, CONT'D. BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the Department of Public Works and Buildings, Division of Highways, through its district office at Chicago, Illinois. I, Otto W. J. Henrich, City Clerk in and for the City of Des Plaines, County of Cook, hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Council at a meeting on June 18. 1951. IN TESTIMONY WHEREOF, I have here- unto set my hand and seal this 12th day of June, A. D. 1911. (SEAL) Otto W. J. Henrich City Clerk. On motion by Alderman McKay and second by Morava, the resolution was adopted. FIRST READING OF THE 1951 TAX LEVY ORDINANCE. The Clerk read for first reading the following proposed ordinance entitled: AN ORDINANCE PROVIDING FOR THE LEVYING OF AN ASSESSMENT OF TAXES FOR THE FISCAL YEAR OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, COMMENCING JANUARY 1st, 1951 AND ENDING DECEMBER 31, 1951. The Mayor ordered the proposed ordinance placed on file for second reading. APPROVE AGREEMENT WITH WILLIAM AND ALTHA DURBIN FOR EASEMENT FOR WATER MAIN. The Clerk read the following agreement: THIS AGREEMENT, made this day of June, 1951, between the City of Des Plaines and William Durbin and Altha Durbin, WITNESSETH: In consideration of William Durbin granting to the City of Des Plaines an easement in, over, under and upon the Westerly five feet of Lot 14 in Westfield Garden, a Subdivision in Section 19, Township 41 North, Range 12, East of the Third Principal Meridian, Cook County, Illinois, for the installation of a water main, the City of Des Plaines does hereby agree to pay Twenty -Five Dollars ($25.00) for said easement, and does further covenant and agree to level the earth on said five foot strip, after a water main has been installed, and to replace the black dirt upon said five foot strip to a depth of at least four inches. The said leveling and replacement of black dirt to be completed within a reasonable time after due allowance for the settlement of the backfill, placed in the trench in which said water main has been laid. Dated this day of June, 1951. CITY OF DES PLAINES BY: ATTEST: Otto W. J. Henrich City Clerk ACCEPTED: Mayor S55" On motion by Alderman Behrel and seconded by Hansen, the Mayor and Clerk were authorized to execute the agreement. PERCY BAINES APPOINTED TO TRAFFIC COMMISSION. On motion by Alderman McKay and second by Morava, the Council approved the appointment of Percy Baines to the Traffic Commission. DALE L. MENSCHING AND RAYMOND E. STOWE APPOINTED POLICE PATROLMEN, EFFECTIVE JUNE 12111, 1951. The Board of Fire and Police Commissioners ap- pointed Dale L. Mensching and Raymond E. Stowe as police patrolmen, effective June 15, 1951. The Mayor requested the Council to meet as a committee of the whole on Monday, June 25th regarding the insurance report. The Mayor suggested that due to the Fourth of July, the Council postpone the July 2nd meeting to July 9th. On suggestion by Alderman Auck, it was approved on motion by Alderman Auck and second by Behrel, that the Fire Department make applica- tion for membership in the National Fire Protection Association. Alderman Clement reported that he had received a letter from Electro -Seal corporation for a street light on North Avenue. The Mayor referred the item to the Streets Committee. APPROVAL OF MINUTES. The motion was made by Alderman Clement and seconded by Morava to approve the minutes of June 4, 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 McKay and seconded by Morava to adjourn. The motion was voted upon by acclamation, whereupon the Mayor declared the motion -carried and the meeting regularly adjourned. fm,f.4 .-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. JULY 2. 1951. AT 8:00 P. M. CALL TO ORDER. The meeting was called to order by the City Clerk, Otto W. J. Henrich. Due to the weekend holiday, there was no member of the Council present. Because there was no quorum, the City Clerk presiding ordered the meeting adjourned until Monday, July 9, 1951, at 8:00 p. m. OTTO W. J. HENRICH CITY CLERK MINUTES OF THE ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, MONDAY. JULY 9. 1951. AT 8:00 P. M. CALL TO OLDER. The meeting was called to order by Mayor Kenneth G. Meyer, who presided with Aldermen Hansen, Davis, Wolf, Tures, Behrel, Schalla- witz, McKay, Morava and Auck responding to roll call. Alderman Clement was absent due to vacation. OFFICIAL REPORTS. The Clerk submitted the monthly reports of Building Inspector, Arthur Rieck and City Treasurer, L. C. Barrett and the City Clerk, Otto W. J. Henrich's report for June. The semi-annual report of the receipts and disbursements for 1951 was also submitted. COMMITTEE REPORTS. Alderman Behrel reported that the Public Pro- tection Committee investigated and found the Studebaker squad car is in need of repairs and new tires. The committee, therefore, recommended that we