11051951MINUTES OF THE REGULAR MEETING OF
THE CITY COUNCIL OF THE CITY OF
,DES PLAINES, ILLINOIS , HELD IN THE
COUNCIL CHAMBERS, MONDAY, NOVEMBER
5th.1951.
CALL TO QRS.
The meeting was called to order by Mayor Kenneth
G. Meyer, who presided with Alderman 'ansen, Davis,Wolf,Tures,Behrel,
Schallawitz, McKay, Clement and Morava, responding to roll call. Alderman
Auck was absent.
OFFICIAL IEPORTS. The clerk submitted the 'reports of Building
Inspector and City Clerk for October. City Engineer Fletcher presented
a five year plan for highway improvement with motor furl tax money. The
Mayor referred the plan to the Finance and Street Committee.
COMMITTOKBEPORTS., On motion by Alderman Davis and seconded by
Hansen the Council approved the recommendation to issue a building permit
to the Texas Oil Company to build a statin at Lee and Perry Street. Y1f L
1, -("Pr ATTDAM 18 /+hi .AIS 6riPiNANCC J REI !) liod FT. /N5IEAJ O ?Id PT_
On motion by Alderman Davis and seconded by Hansen, the Cound l
approved the Building Permit committee report to waive all building fees
if the City Annexes the River—Rand Site.
The Clerk read the following Sewer Committee report:
41
Sewer Domnittee Report.
Nebel Trailer Park: The Sewer Committee, Mayor and City Attorney.met with
Mr. Nebel and Frank O'Reilly (his Attorney) on June 18th to discuss an
apitable service charge to be asked of Mr. Nobel'e Trailer Park in consideration
of the City handling the sanitary sewerage coming from the trailer park
and emptying into theGity'e sewer system.
The City officials proposed a service charge of $1.00 per month per trailer
as a fair charge. Mr. O'Reilly asked for time to consider the propositi.
On September llth, Mr. O'Reilly wrote the chairman of the Sewer Committee
rejecting the City's proposed charge and offering a counter proposal of
$1.00 per month for the first 50 trailers and 501 per month for all trailers
in excess of 50.
On a basis of 200 trailers, the City's proposal would produce a revenue
to -the City of $200 per month, whereas Mr.0'Reilly counter proposal would
produce $125 per month revenue.
On October 15th the Sewer Committee and City Officials met and studied the
Counter proposal. They decided to reject it and wish to submit the
following , for approval by Council:
"A flat sanitary sewerage service charge to Nebel Trailer Park
of 75, per month per. trailer for all trailers, with the added proviso
that inasmuch as the trailer park and its inhabitants are a part of the
south side sewer district, any future special sewer assessments levied
on the residents of the South side by reason of any needed additions to
the South side sewer system, be also borne by the residents of the trailer
park by having the 751 service charge increased to the amount of such
special assessment, same to continue during the life of the special
assessment and then revert back to the 75¢ charge."
On the basis of 200 trailers, this would produce $150 per month to the City.
There are at present 930 service connections to the South side sewer system.
The trailer park can ultimately grow up to 300 trailers and may do so if
operations at O'Hare Field open up next year. It is within reason that
within a year, the trailer park could be creating 25% of the sanitary sewer—
age handled by our south side sewers. The present -system is overloaded
during heavy rainfall periods and the sewer's sanitary carrying potential
is being taxed more every month due to theCity's growth on the South Side.
The Sewer Committee believe this proposal is valid. -1 therefore move that
the City Clerk be instructed to write i letter to Mr. O'Reilly rejecting
his counter proposal of September llth, and submitting to him the second
city proposal of October 15, as before read.
' 7o
SEWS SRT CONT'D.,
The motion was made by Alderman Behrel and seconded by Morava to approve
the report after discussion the motion was made by Alderman Tures and seconded
by Wolf to amend the report by changing the fee to $1.00 per month per trailor.
Both motions were approved by acclamation.
The Clerk read the following report and resolution:
Due to the necessity of being in New York City on Business, Alderman Auck ,
chairman of the Sewer Committee has asked me to make his report.
The necessary engineering, legal, and.financial arrangements relative to
an addition to the sewerage system for the Riverview section of the South
side are now complete. Engineer Eletcher and Alderman Auck have worked up
several sets of drawings and the project has been reduced from $250,000
to $190,000 without sacrificing anything from a technical standpoint.
The next step in the execution of this project is to call a public hearing
at which time the project will be explained in detail as will the financing
kb`retpair.. brinwt the.:.neceaaary legal publication of the public hearing
will be made in the newspapers of Dss Plaines.
It should be emphasised at this point, that according to law, there will
not be any voting on this project by residents of the South Side area. The
Council, sitting as a committee of the whole, must attend the public hearing
and after hearing all in favor of and those objecting to the sewer iroject
will decide what is the consensus of opinion of the public meeting and will
either pass or reject farther legislation on the project at their next regular
meeting.
It should be emphasized that all citizens of the South side should attem
the public hearing and express their views since this will be the only time
they can express approval or objection to the project.
BE IT RESOLVED by the City Council of the City of Des Plaines
Cook County,Illinois, as follows:
action 1. That the governing body of this City intends to
avail itself of the provisions of Sections 60-12 to 60 -18 -of Chapter 24 of
the Illinois Revised Statutes, 1949 , as Amended.
Section 2. That the governing body of this City intends to
construct a sewerage system for a particular locality within this City, having
the following boundaries:
That part of the -City of Des Plaines bounded on
theegat by the Des Plaines River, and on the South
by the center line of Howard Street, on the Vest
by the City limits and on the north by the center
line of Blocks 10,9,8 and 7 inArthur T.Mclntosch
and Co.'s Des Plaines Heights to the southwest
corner of lot 4 in block:7 of said subdivision,
thence northwesterly along the northwesterly lines
of Lots 4, 3, 2 and 1 to the center line of Whitcomb
Avenue, thence easterly to the Des Plaines River.
Section 3. That the project to be constructed is described as
A. The construction of a pumping station with a capacity of
12,000 gallons per minute in Oakton Street west of the Des
Plaines River to connect with the existing 30 inch sewer in
Oakton Street for discharge into the Des Plaines River.
B. The laying of 1210.feet of 48 inch sewer, 685 feet of
42 inch sewer and 1000 feet of 36 inch sewer in Riverview
Avenue from the Des Plaines River west to Cora Street to
connect with an existing 27 inch sewer.
follows:
C. The laying of a 12 inch sewer in White Street commencing
at the proposed 36 inch sewer in Riverview Avenue and extending
south for a distance of 1050 feet.
6 0/
Resolution Cont'd.
D. the laying of 1333 feet of 18 inch and 700 feet of 12
inch sewer in Maple Street starting with the proposed 48
inch sewer in Riverview Avenue and extending south to a
connection with an existing 10 inch sewer in Howard Avenue.
D.. The construction of a concrete headwall on the 48 inch
sewer at the Des Plaines River, a backwater gate on the 48
inch sewer west of the Des Plaines River, a connection to
the Chicago Sanitary District Sewer at the intersection of
Des Plaines Avenue withRiverview Avenue.
F. The purchase and installation of all necessary manholes,
catchbasins, valves, piping, and other appurtenances needful
therefor.
Section A. The estimated cost of said project as approved by
the engineer employed for that purpose by said City is the sum_ of $190,000.
Section 1. That the reports submitted by the engineer employed
by theCity for that purpose stating the possible rates to be chargedto
users of the sewerage system as hereinabove defined, is hereby approved as
follows: viz:
A rate of $1.75 per month for each dwelling unit or commercial
unit connected with the sewerage system hereinabove described.
Section 6t That a public hearing is.hereby called on the 10th
day of December,1951, on the question of whether or not the project should
be constructed,.and said public hearing shall be held at the City Hall,
Des Plaines, Illinois and shell commence at the hour of 8 o&clock P.M.,
and due and timely notice thereof shall be given the Mayor and City
Clerk as by law required.
Section j2. That this resolution shall be effective upon
passage and approval.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES
This 5th day of November, 1951.
Otto i(,J.Benrict} Kenneth, G. Meyer
City Clerk Mayor
The motion was made by Alderman Morava and seconded by Auak
to adopt the resolution. The Mayor put the question and the Clerk called
the roll with the following result: Ayes: Alderman Hansen,Davis,Molf,Tures,
Behrel, Schallawitz, McKay,Clement and Morava. Nays: None. The Mayor
thereupon declared the motion carried.
PASS EI CTRIC PERMIT zga ORDINANCE. The Clerk read for first
reading the following proposed ordinance entitled:
AN ORDINANCE REVISING THE ELECTRICAL PERMIT
FEES.
The motion was made by Alderman Davis and seconded by Schallawitz to suspend
the rules and pass the ordinance. The Mayor pet the question and the Clerk
called the roll with the following result; Ayes: Alderman Hansen,Davis,
Wolf,Tures,Behrel,Schallawitz, McFay, Clement and Morava. Nays: None. The
Mayor thereupon declared the motion carried and the ordinance put before
the Council for final passage. The motion was made by Alderman Davis and
seconded by Morava to pass the ordinance. The Mayor put the question and
the clerk called the roll with the final result: Ayes: Alderman Hansen,
Davis,Wolf,Tures,Behrel,Schallawitz, McKay,Clement and Morava. Nays:
None. The Mayor thereupon declared the motion carried and the ordinance
passed.
F' RI S BEADING ON ORDINANCE AS WOLF mA_AAA BOUIEVARDt The
clerk read for first reading the following proposed ordinance entitled:
AN ORDINANCE DESIGNATING A PORTION OF WOLF ROAD
WITHIN THE CITY OF DES PLAINES AS A BOULEVARD.
The motion was made by Alderman Davis and seconded by Hansen to suspend
the rules and pass the ordinance. The Mayor put the question and the
Clerk called the roll with the following result: Ayes: Alderman Hansen,
Davis, Tures,Behrel,Schallawitz,and Morava. Nays: Alderman Wolf, McKay and
• Electrical Permit Ordinance Contrd.
Clement. The Mayor informed the Council that it required seven
ayes to suspend the rules therefore the motion was lost and instructed
the Clerk to place the ordinance on file for second reading.
FIRST READING ON ORDINANCE ON PARKING METERS ON PRAIRIE AVENUE.
The Clerk read for first reading the following proposed ordinance entitled:
AN ORDINANCE TO PROVIDE FOR PARKING METERS ON PRAIRIE AVENUE
TTlL AVENUE TO CENTER STREET IN DES P' ES.ILLINOIS.
On motion by Alderman Hansen and seconded by McKay the City Attorney
was instructed to change the ordinance tolead from Center Street to
Graceland Avenue.
APPROVAL OQ B ILTS: Alderman McKay, Chairman of the Finance
Committee, presented the following proposed resolution:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DES PLAINES THAT THE FOLLWING 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 C1e4.)
The motion was made by Alderman McKay and seconded by Hansen to adopt
the proposed resolution. The Mayor put the question and the Clerk
called the roll with the following result: Ayes: Alderman nansen,Davis,
Wolf,Tures,Behrel,Schallawitz, MoKay,Clement,and Morava. Nays: None
The.Mayor thereupon declared the motion carried.
LEPARTMENT _ PUBLIC HEALTH , SPRINGFIELD, ILLINOIS LETTER.
The Clerk read a letter from the Department of Public Health approving
the water main extension to Westfield Gardens. .
DIVISION, OF HIGHWAYS LETTER. The Clerk read the following
letter:
Oct. 25th,1951
Mr. Otto.W.J.Henrich
City Clerk
City Hall
Des Plaines,Illinois
Dear Mr. Henrich:
I have your letter of October 16th regarding the proposed speed
limit on Mannheim Road.
Please inform the Alderman that the 35 M.P.H. limit south of
Higgins Road is a temporary posting and will be removed after the
barracks now under construction on the East side of the payment are
completed.
The school crossing at Prospect Avenue and Mannheim Road can
be taken cars of by other signs.
Very truly y yours,
J.P.Tuthill
District Engineer
TheClerk was instructed to write to the Highway Department to install
school crossings signs.
LETTER Rt i =4 BENNETT'S ATTORNEY. The Clerk read a letter
from attorney T.M.Tracey instructing Miss Bennett to contact Inspector
Rieck. Inspector Rieck has refused her permits for two homes on one
lot, informing her_that she would have to get approval of the Plan
Commission.
PETITION TO VACATE ALLEY IN THE 1600 BLOCK BETWEEN HENRY AND
CAMPBELL AVENUE. The Clerk read the following letter:
0,3
Petition ,o vacate Alla Cont' d.
Mayor and City Council
Municipal Building
Des Plaines,Illinois
Gentlemen:
On March 20,1950, our petition to vacate the alley between
Henry and Campbell Avenues East from White to connecting allay
running north and sourth was denied because no reasons were given,
and only thirteen ( 13) signatures affixed although there are twenty-
two (22) homes in the block.
We have inclosed a new petition bearing the signatures of all
the property owners and their reason for asking vacation.
On November 20,1950, the City Council passed a resolution calling
for a $10.00 fee per lot for vacating aliesy. We believe that due to
the fact our petition was presented for the first time about February
1950, that we should not be charged this fee. However, we are willing
to pay the recording fee which will probably amount to $10.00.
We believe vacating this alley will be an improvement because
the City can make the property owners cut the weeds and remove garbage
and rubbish. The City has sewer cut the weeds or cleaned up this rubbish.
Mrs. Willer, your health officer, has received complaints of rats
in certain sections of the alley due to rubbish and garbage many times
however, she was just able to improve conditions for a short time only.
Very trimly yours,
George H.Elliag
GE: Enc.
The Mayor referred the letter and -petition to the Municipal Development
Committee.
PASS " CUMBERLAND SCHOOL SITE" ANNEXATION ORDINANCE. The Clerk
read for second reading the following proposed ordinance entitled:
AN ORDINANCE ANNEXING LANDS OF COMMUNITY CONSOLIDATED
SCHOOL DISTRICT Not 62. COOK COUNTY. ILLINOIS.
The motion was made by Alderman Hansen and seconded by Davis to pass the
proposed ordinance. The Mayor put the question and theClerk called the
roll with the following results: Ayes: Alderman Hansen,Devis,Wolf,Tures,
Behrel,Schallawitz,Mclay, Clement and Morava. Navas Mite. The Niger
thereupon d olared the notion carried and the proposed ordinance passed.
SECOND READING LITTLE -MUSE COMPANY ZONING ORDINANCE. The Clerk
read for second reading the following proposed ordinance entitled:
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF DES PLAINES.ILLINOIS.
The Clerk then read a petition with thirteen signatures protesting the
rezoning. On motion by Alderman Hansen and seconded by Behrel, the ordinance
was referred back to the Zoning Board of Appeals for further consideration
and give notice to property owners and Little -fuse Company for a meeting.
On motion by Alderman Davis and seconded by Clement the item of a sideyard
ordinance in the Industrial Area was referred to the Building Permit
Committee and Plan Commission.
RESOLUTION FOR MOTOR FUEL TAX FUND FOR CROSSING GATES. The
motion was made by Alderman Hansen and seconded by Clement to adopt the
resolution. The Mayor put the question and the Clerk called the roll
with the following result: Ayes: Alderman Hansen,Davis,Wolf,Tures,
Behrel,Schallawitz, McIay,Clement and Morava. Nays: None. The Mayor
thereupon declared the motion cartisd.
FIRST READING LIQUOR ORDINANCE.The Clerk read for first reading
the following proposed ordinance entitled:
AN ORDINANCE AMENDING SECTION 9 OF AN ORDINANCE ENTITLED
" AN ORDINANCE REGULATING THE SALE 0? ALCHOLIC LIQUORS
IN THE CITY OF DES PLAT ES AND REPEALING ALL OTHER
ORDINANCES HERETOFORE PASSED REGULATING THE SALE OF ALCOHOLIC
LIQUORS PASSED LLECEMBER ]';x494 , AS AMENDED."
Liquor Ordinance Cont'd.
The proposed ordinance was referred to the City Attorney to re -draft.
On motion by Alderman Wolf and seconded by McKay, the increase
of liquor license fees was referred to the License Committee.
Mr. Herzog presented a plat for new subdivision and after a
recess, the plat was referred to the Plan Commission for proper proeeedure
on motion by Clement and seconded by McKay.
APPROVAL Q MINUTES.,. The motion was made by AldermanClement
and seconded by Schallawitz to approve the minutes of the regular meeting
of October 19, and Special meeting of October 26,1951. The motion was
voted upon by -acclamation whereupon the Mayor declared the motion carried.
ADJOURNMENT. Thi: motion was made by AldermanDavis and seconded
by Alderman Clement to adjourn. The motion was voted upon by acclamation
whereupon the Mayor declared the motion carried, and the Council regularly
adjourned.
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES,ILLINOIS
HELD IN THE COUNCIL CHAMBERS, MONDAY, NOVEMBER
19th.1951. AT 8:00 PM
TO ORDER. The meeting was called to order by Mayor Kenneth
G. Meyerwho'presided with Alderman Hansen,Davis,Wolf,Tures,Behrel,
Schallawitz,McKay,Clement, Morava,and Auck, responding to roll -call.
OFFICIAL REPORTS. The Clerk submitted the report of theCity
Treasurer for October.
City Attorney Howard's report. The Clerk read the following
reports:
Honorable Mayor & City Council
of the City of Des Plaines
City Hall .
Des Piaines,Illinois
November 2,1951
Gentlemen:
From time to time in the last several months there have been
discussions of the power of the City to restrict speeds and to set load
limits on the city streets, and on September 4th the matter of considering
these two matters was referred to me for attention.
I should like to advise that although I have spent a considerable
amount of time on legal research on the matter, I am not yet satisfied that
I can give a clear and right opinion on our right to control speeds, and
with your indulgence, I should like to defer an opinion on the City's
right to regulate speed to a future date.
One thing seems to be clear, however. The question was originally
raised because of alleged dangerous speed of the concrete miring trucks
from the year of the Meyer Coal & Material Company. Regardless of any local
ordinance, there is a state statute providing that no person shall drive
any vehicle on any public highway at a speed that is higher than reasonable,
having regard to the traffic and the use•of the highway. It further provides
that through any suburban district a speed in excess of 35 miles per hour
is prima facie unreasonable. As to trucks and commercial vehicles, the
state statues provide that under no circumstances shall the s peed of any
vehicle of more than 14,000 lbs. capacity exceed 40 miles per hour. Even
without a local ordinance, truck drivers violating any of the foregoing
provisions could be arrested and prosecuted.
Regarding load limits, the statutes seem to be clearer with
reference to powers of local authorities.
Paragraph 134 of the Uniform Act Regulating Traffic provides: