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11191951Liauor 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 proceedure on motion by Clement and seconded by McKay. APPROVAL QF 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 res PLAIT ES, 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. Meyer, who'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 Plaines,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 18 gal 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 Cityfs 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 riving 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: GDS Letter. -on Restrictions of Speed Cont'd. "Local authorities with respect to highways under their jurisdiction may also, by ordinance or resolution,prohibit theoperation of trucks or ether commercial vehicles, or may impose limitations as to the weight thereof en designated highways, which prohibitions and limitations shall be designated by. appropriate signs placed upon such highways." Under the authority of this statute, it seems clear that our City may prohibit the operation of trucks in excess of certain weight limits from the use of residential streets and residential areas. I do not believe that the ordinance could be so restrictive to completely prohibit the use of such trucks to a 11 streets and to act in effect as a barrier to the ingress and egress to their place of business. An ordinance could, however, prohibit to heavy vehicles the right to use strictly residential streets. In such case, may I recommend that the matter be referred to the Traffic Commission for the purpose of designating streets for load limit restrictions, and on recommendation of the Traffic Commission, or on request of the Council, I shall be glad to prepare the proper ordinances. Respectfully submitted, M.S.Howard City Attorney On motion by Alderman Hansen and second by Hansen, the item of designating streets for load limits was referred to`t he.Traffic Commission. November 19,1951 Honorable Mayor & City Council of the City of Des Plaines City Hall Des Plaines,Illinois Gentlemen: At the last session of the Illinois legislature the law as to tax rate limits was again amended. Under the_ provisions of the new law, the maximum rate for each of the various funds payable to the municipality before the expiration of the current year. You may if you wish, of course, set a tax rate limit the same, as, or Sven lower than the present year's limit. In such event the rate becomes final without further formality, until again changed by resolution or referendum. If you wish to increase any tax rate, except the general corporate rate, a referendum must be held to approve the increase, regardless of the amount thereof. The general corporate fund, however, may be increased by a resolution as much as 10% over the present maximum rate. In such event, the increased rate must be published and then, if no demand for a referendum is made by the voters of the town byFebruary 29,1952, the increased rate up to 10% becomes effective without referendum. The voters, however, may in such event file with the City Clerk a demand for a referendum. If this is done, the rate cannot go into effect until approved by the referendum.. To summarized: 1. If you wish to set a tax rate limit the sane as or lower than the current limit, it can be done simply by passing a resolution setting the rate limit. 2. You may by resolution increase the rate of the general corporate fund up to 10%. Is such event no referendum is necessary to make the rate effective, but citizens may, by petition, and after publication of the increased rate, demand a referendum, in which case a referendum is necessary, before the rate becomes effective. If there is no demand for a referendum after publication of the rate it becomes effective without a referendum. 3. If it is desired to increase the tax rate for a general corporate fund by more than 10%, or if it is desired to increase the rate for any other fund any amount whatsoever, then a referendum must be ordered before such increased rates became effective. BOG Tax Rate Letter Conttd. On the assumption that you would prefer to have the 10% increase available for the corporate fund, I am preparing a resolution for a maximum tax rate increase of 10% ofer the current general corporate fund rate. Bear in mind that passage of such a resolution does not obligate you to levy taxes 10% over the existing rate. The tax actraily to be levied will depend upon the appropriation ordinance. Passage of the resolution merely sets the maximum rate which you may levy in the comming years. Bear in mind also that if it is desired to increase the general corporate rate more than 10%, or any other rate by any amount whatsoever, a resolution will not suffice and a referendum resolution will have to be drafted instead. Respectfully submitted, Marshall S.Howard City Attorney The Mayor referred the report to the Finance Committee. November 19,1951 Honorable Mayor and City Council of the City of Des Plaines City Hall Des Plaines, Illinois Gentlemen: Some time age there was referred to the undersigned, in conjunction with the City Superintendent, a complaint letter of Mr. V.I. Cooper, Jr. regarding the nuisance to him from transformer equipment of the City located on a light pole adjoining or trespassing on his property. I have conferred with the City Superintendent in this matter and he has investigated the situation in person and undoubtedly will report separately. It is his recommendation that the transformer be removed from Mr. Cooper's premises. Under such circumstances, there is no legal question involved and I will leave the matter to him and to you for further action. Respectfully submitted, Marshall S. Howard City Attorney Th. Mayor instructed the Superintendent of Public Works to see that the pole was moved. FIRST READING OF PRAIRIE AVENUE PARKING METER ORDINANCE. The Clerk read for first reading the following proposed ordinance entitled: AN ORDINANCE TO PROVIDE FOR PARKING METERS ON PRAIRIE AVENUE FROM GRACELAND AVENUE TO CENTER STREET IN DES PLAINES.ILLINOIS. The Mayor ordered the proposed ordinance placed on file for second reading. FIRST READING OF 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 OF ALCOHOLIC LIQUORS IN THE CITY OF DES PLAINES AND REPEALING ALL OTHER ORDINANCES HERETOFORE PASSED REGULATING THE SAIF OF ALCOHOLIC LIQUORS PASSED DECEMBER 15.1941. AS AMENDED:." The Mayor ordered the proposed ordinance placed on file for second reading. Alderman Clement, Chairman of the Municipal. Development Committee reported the following on petition to vacate alley in 1600 block between Campbell and Henry Avenues. The Ccasnitte has investigated and has found the petition appears to be in order, the alley inuestion serves as no useful purpose. Upon payment of the required fee of $10.00 per lot and other retuirements provided by ordinance that the ally in question be vacated. Q07 Petition to Vacate Alley Conttd. Alderman Davis had not signed the report and informed the Council he thought the $10.00 fee should be waived due to the first petition being denied only because all the property owners not having signed. The motion was made by Alderman Clement and seconded by McKay to concur in the report The Mayor put the question and the Clerk called thezoll with the following result: Ayes: Alderman Hansen,Wolf,Behrel,Schallawitz, )+IcKay,Clement, Morava and duck. Nays: Alderman Davis and Tures. The Mayor thereupon declared the motion carried and instructed the City Attorney to draft an ordinance. PLAN COWISSION.LETTER. wHERZOCrl PLAT." The Clerk read the following letter: November 19,1951 Honorable Mayor & City Council City of Des Plaines, T)7inois Gentlemen: We desire to acquaint the City Council with oertain f acts pertinent to a proposed subdivision of Herzog-Kunze RealAyCompany in the Carl Lagerhausen Estate tract located at Algonquin Road and Second Avenue in the Southwest part of the City. Mr. Herzog presented a plat of subdivision comprising approximately 170 Lots requesting tentative approval by the City Plan Commission. This was about ten days ago. It vas our desire to facilitate the administrative work but in our discussion it developed that the School Board of District #62 has had the East 20 acres of the same tract under consideration as its prime site for the location of a new Junior High School. At the urgent request of theSchool Board your Plan Commission has withheld final decision although it would appear that the proposed plan of subdivision is technically acceptable with certain small modifications. However, good planning demands that the location of Schools, Parks and other public areas together with the location of streets must be given careful consideration. Since it is evident, that very important Public interest is involved our approval is held in abeyance until details of a transfer of a portion of the subject tract to the School Board can be effectted. Doubtless the City Council is aware of the attendant problems both from the stand point of the subdivider and of the School Board. Your Commission stands ready to act promptly on any directive which the Council may elect to issue but for the present we await formal notice from the School Board regarding the outcome of negotiations. The Mayor ordered the letter placed on file. SCHOOL SIGNS ,Q .}W NHEIM ROAD. The Clerk read the following November 16,1951 letter: T.R.Napier Plan Commission Mr. Otto W.J.Henrich City Clerk City Hall Des Plaines,Illinois Dear Mr. Henrich: In reply to your letter of November 8, please be advised that our Traffic Department has been instructed to erect signs on Mannheim Road at Prospect Avenue warning of the School. _-These signs will be erected at the time the 45 MPH signs are placed between Touhy and, Howard Streets. Very truly yours, J.P.Tuthill District Engineer ccs Mr. R.A.Hajek (,08 BERSAL*S DINING =,LETTER. The Clerk read the following letters November 19,1951 Mr. Mayor & Members of the City Council City of Des Plaines,Illinoia Gentlemen: In my previous applications for liquor license and my last application of October 21,1951 which has also been rejected, I had no alternative but to apply fora Class A License. Primarily I am not interested in a tavern style of business, therefore, I would like to make a request for an additional classification to include: Restaurants with a seating capacity of 50 or more which would be permitted to serve cocktails or liquor at tables only. Would sincerely appreciate a careful study of the above request. The Mayor presented Yours truly, BERS*I.c S DINING ROOM S.E. Passarelli referred the letter to the License Committee. APPROVAL OF ULM. Alderman McKay,Chairman of the Finance Committee the following proposed resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FORS AME . (Schedule of bilis 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 Behrel 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, McKay,Clement,Morava and Auck. Nays: None. The Mayor thereupon declared the motion carried. BOARD, OF lagE POLI 4C(9MISSIONER' S LETTER. The Clerk read the following letters November 19,1951 To the Mayor and City Council Des Plaines, Illinois Gentlemen: At a recent meeting of the Board of Fire and PoliceCommiasioners the subject of a list of candidates for fireman and policeman for the City of Des Plaines was discussed at length. When the last examination for policemen was held there were onl,, two candidates eligible to take the examination. There were no applicants for the position of fireman. This situation did not give the commissioners any choice of candidates for positions and it did not provide a list of eligible candidates to fill future positions. There is now one vacancy in the police department but it seems futile to hold an examination if, as seems likely, no candidates will apply. The commissioners are of the opinion that the principal reason why mea are not interested in serving on the police and fire departments is because of the schedule of wages which has been fixed by the City Council. With the cose of living continuing to rise and with a sigh level of employment, the men who should be interested in these civil service positions are looking to industry for employment. The Commissioners recommend, therefore, that if the City Council finds that finances of the City will permit, it increase the wage scale of the members of the police and fire departments by at least 10%. It is the commissioners' understanding that auch an increase is permissible under Wage and Hour regulations. gay Fire & Police Commissioner's Letter Cont'd. Another factor influencing the number of candidates who apply for examinations the requirement that applicants live within the City limits. While this limitation may have been desirable when it was put in force, it no longer seems necessary or wise to so restrict the applicants for these positions. The commissioners suggest that, if it is legally possible to do so, this limitation be changed so that applicants may live in the City of Des Plaines or in the area five miles or less beyond the City limits in any direction. The Commissioners respectfully request that these matters be referred to the City Attorney and if he is of the opinion that they are within the requirements of the laws, that the City Council act on them favorably. Respectfully submitted, Board of Fire & Police Commissioners By: Dana Schubert. Chairman. The Mayor referred the letter to the City Attorney. APPLICATION FOR ,REZONING LOT 22,to 12, BLOCK 1. BAKER'S ADD'N. The Clerk read the following application. November 15,1951 City Clerk Des Plaines,Illinois Application is hereby made for a change in zoning classification or zoning variation of premises located in the City of Des Plaines, Cook County,Iilinois, owned by: Mrs. Charles Courtney Howard Street and described as follows: Baker's addition to Riverview, Subidivision of South one-half (Si) of Southwest one-fourth (SW*) of Northeast one-fourth ( N!) of Section 29, Township 41, Range 12, Lot 29 to 32 and Block 1. Change from Residential to Commercial. Application fee of $25.00 and $ 15.00,fee for publishing notice of hearing inclosed. Mrs. Charles Courtney Wilson Rd. Box 90,Rte.#2 Engleside,Illinois On motion by Alderman Auck and seconded by Morava the application was referred to the Zoning Board of Appeals sitting as a Commission to call a hearing. GENERAL BOX COMPANY LETTER. The Clerk read the following letters November 15,1951 City Council City of Des Plaines Illinois Gentlemen: General Box Company will move into its new office at 1825 Miner Street, Des Plaines, on November, 23,1951. In connection with our prep- aration for the move we have noticed a traffic condition on Miner Street which may present a safety problem. Many of our employees live east of Des Plaines in Chicago and Evanston and w ill drive to work and approach our plant entrance from that direction. In order to turn into our parking lot, which is located on the South side of Miner Street, they will have to make a left hand turn across the stream of the eastbound traffic en Miner Street. Wer can anticipate that there is danger that our employees approaching our plant entrance from the east may be struck from the rear while waiting for the eastbound traffic to pass, and there is also a danger that an emtloyee may be hit, while making the left turn into our property, by a car coming from the west. We would appreciate it if the City Council would kindly refer G/0 General Box s Letter Cont'd. this problem to your Traffic Committee so that some of our officials , might meet with them to investigate appropriate safety measures which might be taken to correct the condition. Yours very truly, GYRAL BOK COMPANY Paul R. Duzeski Secy. & Gen. Counesl The Mayor referred the letter to the Traffic Camnisssion. Alderman Behrel reported the Hunt building had another f ire and he desired to know what had been done about condeming the building. The City Attorney reported on same. The Mayor referred the item to Chief Lagerhausen for investigation. On motion by Alderman Davis and seconded by Clement, the Council decided to have the second reading of one chapter of theqty Code per meeting. Alderman McKay reported, that the Finance and Street Committee's approved City Engineer Fletcher's five year plan on use of Mater Fuel Tax funds with the addition of the widening of Graceland, from Miner to Jefferson Street at a cost of $2,000.00. On motion by Alderman McKay and seconded by Hansen the report was concurred in. APPROVAL OF MINUTES. The motion was made by Alderman Behrel and seconded by Tures to approve the minutes of November 5,1951. Aderman Wolf requested a correction on Storm Sewer Resolution that Alderman Auck was absent and Alderman Schallawitz had made the motion. Alderman McKay requested the addition . On Texas Oil Company gas station report that the City Attorney amend ordinance to read 400 feet instead of 750 feet. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the minutes approved as corrected. ADJOURNMENT. The motion was made by Alderman Hansen and seconded by Davis.to adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the meeting regularly adjourned.