12031951Pi
ALFINI'S C(NiT'D.,
James J.Carroll
Fred K. Howe
Alvah James
W.H.McConnell
Bys Albert L. Gundelach.Secretary
Oa motion by Alderman McKay and seconded by Schallawitz, the recommendation
was approved and the City Attorney instructed to draft ordinance.
ADJOURNMENT. The motion was made by Alderman Auck and seconded
by Alderman Tures to adjourn. The motion was voted upon by acclamation
whereupon the Mayor declared the motion carried and the meeting regularly
adjourned.
OTT' .J.HENRICH
C CLERK
MINUTES OF THE REGULARMEETING OF THE CITY
COUNCIL OF TEE CITY OF DES PLAINES,IELLINOIS
'HELD Th THE COUNCIL CHAMBERS, MONDAY,_DECEMBER
3.1951.AT8:OOP.M.
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 Alderman Auck resporAing to roll call.
OFFICIAL REPORTS. The Clerk submitted the reports of Building
Commissioner and City Clerk for the month of November.
report:
SUPERINTENDENT F,R.WARNICKE'S REPORT.The Clerk read the following
December 3,1951
Honorable Mayor and City Council
Gentlemen:
Following is a report and recommendation on several items of
immediate importance:
Item 1. Break in 8" feeder main under the Chicago and North Western
Railroad at Seegers Rd. resulting in a loss of 1/2 million
gallons of water.
When digging down outside of the railroad tracks in preparation
to tunnel under as to repair the leak, we found that the fill
for the railroad grade contained heavy traces of cinders; and
when the pipe was uncovered it was found to be in bad condition
due to contact with the cinder deposits.
Therefore, instead of repairing this break, which in my opinion
would have to be done often in the future, I am recommending
that we install a culvert at this point and lay a new section
of pipe through the culvert. Having discussed this matter with
the water committee and finding the committee in accord with
my recommendations, I asked the City Engineer to prepare plans
and specifications for this job;and I would like to have a
resolution passed asking for bids returnable by December 17th,
1951, if the council will concure in my recommendations.
�.t ... 2. Because of increased cost of labor and materials, I would
recommend an increase in water permit fees from $40.00 to
$50.00 for a 3/4" water service and an increase from $55.00
to $65.00 for the 1" service.
Item 2. Because of the increase in population it has been necessary for
some time to use Street Department personnel and a Street
Department truck to aid the Garbage Department in maintaining
their regular schedule of pick—ups. It is needless to say that
this is a hardship on an already overburdened Street Department,
Therefore, I would recommend that the Council ask for bids on
a new 2 ton truck complete with body and hoist for theGarbage
Department, which will enable us to split up the routes and
E. wARNIO +s LETTER CONTtD.
maintain the regular schedule without the help of the Street Department.
Also, 1-4 Ton cab and chassis to replace the old 1946 model used on the
commercial route.
Item 4, Installation of separate heating plant for the City Garage.
In discussion with the Bouton Foster Company, I learned that
they are reluctant to enter into another agreement with the
city to furnish heat, claiming that we drove a hard bargain
last year, and as a result they lost money on the deal. On the
other hand, it is often necessary during the winter months to
work nights and weekends; and because the Bouton Foster Company
only works a five-day week, we didn't have sufficient heat
during these periods. Since we feel that a separate heating
plant could be operated more efficiently, I, therefore, recommend
that the council consider installation of a heating plant for
the City Garage.
Respectfully submitted,
E.R.WARNICKE
ERW:dl SUPT. OF PUBLIC WORKS
On motion by Alderman Tures and seconded by Davis the City Clerk was
instructed to advertise for bids to install a culvert and lay a new section
of pipe.
On motion by Alderman McKay and seconded by Tures the City Attorney was
instructed to draft an ordinance increasing the water permits to $50.00
for 3/4 inch and $65.00 for 1 inch service.
On motion by Alderman Hansen and seconded by Alderman Auck, the Clerk
was instructed to advertise bids on a new two ton truck, and a 1-- ton
cab and chasis to replace the 1946 Chevrolet.
On motion by Alderman Wolf and seconded by McKay, installation of a
heating plant, in the City Garage was referred to Public Building Committee.
ATTORNEY HOWARD'S REPORT. The Clerk read the following reports:
November 26,1951
Mayor and City Council of the
City of Des Plaines
City Hall
Des Plaines,Il.linois
Gentlemen:
I am pleased to inform you that on November 20,1951, I appeared
before Judge Reid of the Circuit Court and had him confirm conviction of
on Sam Tobias for obstructing sidewalks by maintaining a fruit stand thereon
at Touhy .&venue and River Road in Des Plaines,
Tourney remember that we filed suit against Mr. Tobias as part
of our over-all plan to vigorously prosecute building and zoning and
similar violations throughtout the city. He demanded a jury trial and
was found guilty last July. Although only a small fine was involved,
ha took an appeal as a matter of principal, and this is the case that
was disposed of in our favor last November 20th.
Tours truly,
MARSHALL S. HOWARD
MSH; jh
The Mayor ordered the letter placed on file.
December 3,1951
Honorable Mayor and City Council
of the City of Des Plaines
City Hall
Des Plaines,Illinois
Gentlemen:
Sometime ago there was referred to me the question of our
authority to set speed limits on highways and streets in And around
the City. After carefully checking statutory provisions, consulting,
with the State's Division of Highways and checking local practices in
other municipalities, I have come to the following conclusions:
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magEgiiitnii&Ofitc
1. Subject to restrictions hereinafter set forth, the City
now has the general power to limit the speed of motor vehicles within
its limits,
2. The exercise of this power is subject to the State Statute
as contained in Section 49 of the Uniform Act Regulating Traffic, In
a previous report I have referred to this section, which provides first,
that no person shall drive a vehicle on a public highway at a speed that
is higher than reasonable,having regard to the traffic and use of the
highway. It then provides that in business districts a speed of over
20 miles per hour is prima facie evidence that the speed is greater than
reasonable. Through a residence district of a city 25 miles per hours;
through a suburban district 35 miles per hour; trucks of over 14,000
pounds shalnot under any circumstances exceed a speed of 40 miles per
hour. I de not believe that any speed limits lower or higher than those
designated by this Act may be set at any time. It shall also be noted,
however, that these are only !prima facie! excessive speed limits and
I presume that under some cir& stances a. greater speed would not be
considered excessive. It is my opinion that any City speed ordinance
would have to contain the same provisions.
3. The State reserves the right to set speed limits on state
highways and reserves the exclusive right to post speed limit signs on
state highways or sections thereof. The State has no objection, however,
to a city ordinance governing speed on a state highway, providing it is
in exact accord with the State Speed restrictions. The advantage to the
City of such an ordinance is simply that prosecution for violation and
the imposition of a fine may then be under city ordinance and the fine
may then be payable to the City instead of limiting prosecution to violation
of a State Statute.
4. The speed restrictions may be placed upon any purely local
street or highway, but even these must be in accord with Section 49 of
the Uniform Act Regulating Traffic. On purely local streets and highways
the City may post speed limit signs,
5. Under special circumstances and after an investigation and
report, the State Division of Highways is empowered by the Statutes to
set a speed limit at variance with that in Section 49. After the proper
procedure has been taken by the State Division of Highways, signs may
then be posted by the State Division of Highways informing drivers of
such limits. In other words, the 35 Mile per hour limit might be reduced
to 30 after proper investigation and report, and signs restricting speed
to 30 miles would then be posted by the State. ;After this has been
done, the State then has no objection to a local ordinance which again
is in exact accord with the State limit set after such investigation and
report.
Applying the foregoing principles to Wolf Road in particular,
if Wolf Road is a state aid highway, no speed limit may be set at variance
with the State Statutes of the reasonable speed, with prima facie speed
limits, as above set forth, Under no circumstances, however, on such a
highway may the City post speed limit signs. This would have to be
done by the State. Prosecution for violation of the speed limit would
then be instituted by the local police under the ordinance rather than
the State Statutes. If it is desired to lower the limit below speeds
set in Section 49, a request may beaddressed to the State Division of
Highways for investigation and report, as aforesaid.
I hope I have made the situation clear and shall be glad to
answer any further questions , or make any further report that might be
deemed advisable by the Council on this situation.
Respectfully submitted,
Marshall S. Howard
MSH:rj City Attorney
On motion by alderman Davis and seconded by Alderman Morava the City
Attorney is to draft an ordinance for 30 MPH on Wolf Road from Rand Road
to Algonquin Road.
December 3,1951
Honorable Mayor and City Council
of the City of Des Plaines
City Hall.
Des Plaines,Illinois
Gentlemen:
At the last meeting there was turned over to me for attention the
request of the Board of Fire and Police Commissioners of the City of Des
Plaines to determine the legality of having applicants for the police force
from outside of the City limits of Des Plaines.
=MI BOW—ARDS LETTER CONT'D .
Under the statutes of the state, the only qualifications for
members of the fire and police departments are set forth in paragraph
14.6 of the Cities and Villages Act. It is there provided that applicants
for such position shall be under 35 years of age and shall be subjected
to a public competitive examination. The statute goes on to state that
the examination must be free to the electors of the municipality and shall
be subject to reasonable limitations as to residence, health habits and
morabl character. There is no provision anywhere in the section, as to
requirements, that the applicants shall be residents within the city
limits. I believe that under the provisions of this section it would be
proper to provide, as requested by the Board, that applicants may live
in the City of Des Plaines or in an area five miles or less from the City
limits in any direction.
I do not believe there is any objection to a 10% increase to
members of the police and fire departments, as far as Wage and Hour
Regulations are concerned.
MSH:rj
The City Clerk instructed to mail
and Fire Commissioners.
Honorable Mayor and City Council
of the City of Des Plaines
City Hall
Des Plaines. Illinois
Gentlemen:
Respectfully submitted,
Marshall S.Howard
City Attorney
a copy of the letter to the Police
December 1,1951
Among other new legislation passed by the 1951 legislature is
the "Illinois Municipal Auditing Law".
This law makes it mandatory to have.an annual audit for all
acounts of the municipality after December 31,1952. The first audit
required is for the fiscal year ending with the calendar year,1952. In
the case of Des Plaines, this would be December 31,1952,.and the audit
required by the law must be made and completed within six months there—
after and a copy sent to the Illinois Department of Revenue. The audit
must be made by an accountant or accountants authorized to practice
under the laws of this state.
This law, of course, is of no immediate concern, inasmuch as
the first action required under it comes after December 31,1952, but
it should be borne in mind at the close of the coming year that such
an audit should be made.
Respctfully submitted,
Marshall S. Howard
MSH:jr City Attorney
The Mayor ordered the letter placed on file.
The Clerk read for first reading a proposed ordinance on
rezoning lots in Syria Park Addition. The Mayor ordered the proposed
ordinance placed on file for second reading.
The Clerk read for first reading a proposed ordinance on
rezoning in Alfini's Second and Third !Addition. The Mayor ordered the
proposed ordinanceplacedon file for second reading.
The Clerk read for first reading a proposed ordinance amending
the gasoline service station ordinance. The Mayor referred the proposed
ordinance to the Street Committee.
The Clerk read for first reading a proposed ordinance for
vacating an alley between Campbell and Henry Avenue in the 1600 block.
The Mayor ordered the proposed ordinance placed on file for a second
reading.
APPROVAL OF BILLS. 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 FOLL h1ING BILIS ARE DUE AND PAFART.E
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APPROVAL LE PILLS CONT 'D.
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 Alderman Tures
to adopt the proposed 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 Alderman
Auck. Nays:None. The MayRr thereupon declared the motion carried.
Alderman Clement reported that there would be County Zoning
hearing in Des Plaines and Park Ridge, Decemberl3th. The Attorney is
to attend the Park Ridge Hearing and the Municipal Development
Committee in Des Plaines.
Alderman Clement reported that with the Mayor, a conference was
held with the new owner of Homemerica Subdivision and that an inspection
was to be made next Sunday at a subdivision developed by that company.
Alderman Behrel reported about fire districts and said Park
Ridge Manor have organized their district. On motion by Alderman Behrel
and seconded by Hansen the report was concurred in and the City Attorney
instructed to draft a contract.
REPORT OF TRAFFIC COMMISSION.
Mr. Otto W.J.Henridh
City Clerk
Des Plaines,Illinois
November 29,1951
Dear Sir: A
•
Your Committee Report attached herewith dated October 1 refers
to making Harding Avenue a boulevard from Lee Street to Laurel Avenue
and directing Laurel Avenue traffic west on Harding to Western Avenue
and south to Miner Street. We wish to report that we do not approve of
the rerouting of trucks onto Miner Street but suggest the lowering of
the speed limit of trucks to possibly only fifteen M.P.H.,leaving the
twenty-five M.P.H. on passengers cars as it now stands on the City
Ordinance.
With reference to your letter of October 3, in which you state
that on August 20,1951, the Council passed an ordinance making a speed
limit of twenty-five M.P.H., on Wolf Road from Algonquin Road to Rand
Road, we wish to report that the state had posted signs of thirty M.P.H.
on a portion of Wolf Road in Cumberland, which we note would be in direct
violation of the ordinance created. We suggest that you investigate this
matter.
In reply to your Committee Report dated October 15,1951 with
the letter attached from the West Des Plaines Civic Association, we
suggest that auto parking on Thacker Street from First to Second Avenue
be permitted on one side only, and further suggest that No Parking signs
be posted an the south side of the street.
We have tabled your Committee Report and the letter Attached
from General Box Company until after such time as the General Box Company
has started. operation and the actual condition can be visualized,which
should be in the very near future.
We have also tabled your Committee Report of November 19, referred
to in the attached letter from the City Attorney relative to the construction
of a new ordinance controlling trucks and load limits. In its analysis,
we are of the impression that it was considered that a combined conference
might be advisable; and, therefore, we would have no recommendation until
the matter was further analyzed.
Respectfully yours,
DES PLAINES TRAFFIC CO4MISSION
BY: V.L.Spiegler,Secretary
C /9
ppm COMMISSION REPORT CONT'D.
On motion by Alderman Clement and seconded by Alderman Wolf the City
Attorney was instructed to daft an ordinance for no parking on the
South side of Thacker Street from First to Second Avenue.
On *otion by Alderman Hansen and seconded by Alderman McKay, that the
City Attorney was to draft an ordinance for 20 M.P.H. for trucks on.
Harding Avenue from Lee Street to Western Avenue.
PPSS ONE HOUR PARKING ORDINANCE ON FRAIRIE AVENUE. FROM GRACELAND
AVENUE TO CENTER STREET, The Clerk read for second reading the following
proposed ordinance entitled:
AN ORDINANCE TO PROVIDE FOR PARKING METERS ON PRAIRIE
AVENUE FROM GRACELAND AVENUE TO CENTER STREET IN DES
PLAM ,S,ILLINOIS.
The motion was made by Alderman Hansen and seconded by Alderman Davis
to pass the proposed ordinance. The Mayor put the question and the
Clerk called the roll with the following results Ayes:!Alderman Hansen,
Davis,Wolf,Tures,Behrel,Schsolawitz, McKay,Clement, Morava and Alderman
Auck. Nays: None. The Mayor thereupon declared the motion carried and
the proposed ordinance passed.
LIQUOR ORDINANCE. The Clerk read for second reading the ordinance
on limiting liquor license. The motion was made by Alderman Clement and
seconded by Alderman McKay to pass the proposed ordinance. After some
discuasioo the Mayor requested an alderman be appointed Mayor pro -tem
as he desired to spead on the proposed ordinance., On motion by Alderman
Wolf and seconded by Alderman Clement,. Alderman McKay was appointed
Mayor- pro -tem. The Mayor asked the council not to pass the proposed
ordinanee and gave his reasons. The Mayor resumed his seat and referred
the proposed ordinance to the License Committee. dh %wbL.l,w• .7 0-44 74,14/
lUG'Wv'-t �G'�^^ etn.� . 0
mIVISIm MOAWAY or= APPROVING MOTOR ISM TAX FUNDS Fpft
CROSSING.GATES, The Clerk. read.the.following letter:
Mr. Otto W.J.Henrich
City Clerk
Des Plaines,Illinois
Dear Sir:
November 29,1951
The resolution for Section 17 -CS adopted by the City Council on
November 5,1951 was approved today.
This resolution provides for the installation of grade crossing
protection Graceland Avenue (Arterial Street 6) at the Soo Line Railroad
crossing.
The work is to be done by agreement with the railroad company and
*20,000.00 is appropriated from motor hal tax funds for payment of the
city's share of the cost. ,
We wish to call to your attention that it will be necessary for
the City to submit a tenative agreement with the Railroad Company to the
Department for approval before a formal agreement has been signed.
cc-
J.P. Tathill
V.L.Glover
Very truly yours,
F.N.Barker
Chief Highway Engineer
A. letter is to be submitted to the department.
SS MaZIMUM IAA um ORDINANCE. The Clerk read for first reading
the following proposed ordinance entitled:
ORDINANCE STABLISHING MAXIMUM TAX RATE LIMIT FOR
THE GENERAL CORPORATE FUND OF THE CITY OF DES PLAINES.
The motion was made by Alderman McKay and seconded by Alderman Wolf to
suspend the rules and place the proposed ordinance on passage.
Tom% RATE ORDINANCE Com.
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 Alderman Auck.Nays: None. The Mayor thereupon
declared the motion carried. The motion was then made by Alderman
McKay and seconded by Behrel to pass the proposed ordinance. The Mayor
put the question and the, Clerk called the roll with the following result:
.yes: Alderman Hansen,Davis,Wolf,Tures,Behrel,Schallawitz,McKay,Clement,
Morava, and Alderman luck. Nays: None. The Mayor thereupon declared
the motion carried and the proposed ordinance passed.
DES PLAINES COMMUNITY CHEST LETTER. The Clerk read a letter from
Milton Tuttle, president of the Community Chest regarding the Salvation
Army. The Clerk informed the council regarding the letter.
OAKTON GARDENS ANNEXATION. The Clerk reported he had received
a report of approval from County Court for annexation of Oakton Gardens,
and Dexter Acres. The Mayor referred the report to City Attorney to
draft an ordinance.
PETITION ON ZMING VIOLATION AT 1616 SYCAMORE STREET. The Clerk
read a petition on zoning violation at 1654•Sycamore Street. The Mayor
referred the item to Building Commissioner Rieck for investigation.
CCMPLAINT OF ZONING VIOLATION; 699 RAE AVENUE. The Clerk informed
the Council he had received a complaint regarding zoning violation at
699 Rose Avenue. The Mayor referred the item to Building Commissioner
Bieck for investigation..
The Clerk reported that Robert Tegan, Train -master of the Chicago
& Northwestern Railway had called at the City Hall regarding school
children crossing on foot and with bicycles at the station crossing. He
suggested some publicity so that the children cross at street crossings
where there are gates. The Clerk was instructed to contact the schools.
Alderman Wolf presented a petition from property owners in
the 1300 block of Walnut and Oakwood Avenues, regarding heavy commercial
use of alleys.
APPROVE PLAT OF GLEICHS SUBDIVISION. The Clerk presented a plat
of Gleichts subdivision which had been approved by the Plan Commission
after a recess, the motion was made by Alderman Clement and seconded by
:Alderman McKay to approve the plat. The Mayor put the question and the
Clerk called the roll with the following results Ayes: Alderman Hansen,
Davis,Wolf,Tures,Behrel,Schallawitz,McKay,Clement,Morava, and Auck. Nays:
None. The Mayor thereupon declared the motion carried.
APPROVE PURCHASE OF D. Mg...44114R NJETERS, The motion was
made by Alderman Hansen and seconded by Alderman McKay to purchase 35
Park.•O-.Meters for Prairie Avenue at a cost of $66.00 each. After discussion
the Mayor put the question and the Clerk called the roll with the following
result: Ayes: Alderman Hansen,Davis,Tures,Behrel,Scha7 lawitz,McKay,Clement,
Morava and Alderman Hue. Nays: Alderman Wolf. The Mayor thereupon declared
the motion carried.
APPROVAL OF MINUTES, The motion was made by Alderman Clement and
seconded. by alderman Tures to approve the minutes of the regular meeting
November.19th, and Spedial Meeting November 23,1951. 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 :Alderman Auck to adjourn. The motion was voted upon by acclamation
whereupon the Mayor declared the motion carried and the meeting regularly
adjourned.
(e/46A414/1,e/
OTTO J.HENRICH
CI LERK