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02041952MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EES PLAINES ILLINOIS, HELD'IN THE COUNCIL CHAMBERS MONDAY. FEBRUARY 4.1952 AT 8:00 P,M. CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer who presided with Alderman sen,Davis,Wolf,Tures, Behrel,Schall- awitZ, McKay,Clement, Morava, and Auck. ll. OFFICIAL REPORTS. The Clerk pubmitted the reports of Building Commissioner and City Clerk for the month of January. Also the 1951 Annual reports of the Librarian and combined report of Superintendent of Public Works and City .Engineer. IRE CONTRACT WITH PARK RIDGE MANOR. Alderman Behrel reported on and then read the fire contract with Park Ridge Manor. "AGREEMENT BETWEEN CITY OF DES PLAINES AND PARK RIDGE MANOR FIRE PROTECTION DISTRICT." THIS AGREEMENT, made this 4th day of February 1952, between the CITY OF DES PLAINES, a municipal corporation, hereinafter referred to as the City , and the pARK RIDGE MANOR FIRE PROTECTION DISTRICT, hereinafter referred to as the Districts Witnesseth: WHEREAS, the City of Des Plaines maintains a fire department and is ready, able and willing to render fire protection service outside of its corporate limits upon reasonable terms: and whereas, the District constitutes to area of residences adjoining but beyond the City limits of Des Plaines but desires to have the Fire protection of the City's fire ,department and is willing to pay the sums hereinafter provided for. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. The City will furnish fire protection.aervice to the residential area embraced within the limits of the District by responding to fire calls with the motor driven pump truck, manned with a sufficient number of firemen for effective use and with such other auxiliary equipment. as the City may have available and may in its discretion choose to send. The City further agrees to furnish inhalator rescue service with its inhalator equipment and sufficient personnel to operate the same. Such fire and inhalator protection service is subject, however, to prior fire calls involving property located with the City of.Des Plaines ,and no response may be made by the City's fire department to fire calls from the District, if for any reason in the judgment of the officer then in charge at the City's fire department headquarters such response would jeopardize the fire protection to the City of Des Plaines. la The District agrees that the officer or officers in charge of the fire department of the City shall have the sole discretion to determine whether or not the answering of a call in the District will jeopardize fire protection in the City; shall have full authority and discretion to determine what equipment will be sent to the District in response to any fire or inhalator call; shall have full authority and discretion to determine the wanner of answering a fire call, of combating a fire and of operating all of the equipment and directing all of the personnel of the fire department at any fire or other call within the district. s The District agrees that is is responsible for all fire calls by whosoever made by which the City's fire department is called upon to render fire extinguishing service and all such fire calls by whomsoever, made, shall be regarded as authorized by and made on behalf of the District. The district shall be responsible for all such calls answered by the City's fire department or inhalator equipment, whether actual fire extinguishing service or inhalator services are rendered or not and the mere answering of any call, by any person whosoever, for equipment into the area of the District shall be considered a fire call or an inhalator call as the case might be. R: The City shall not be held liable for any claims which may be made because of injury to the public or damage to any property which may occur while the City's fire department, or any members thereof, are engaged 44 AGENT OF FIS PROTECTION CONT+D in answering a fire call, working at a fire, or returning therefrom, within the said District, under the terms of this agreement. The City shall not be liable, either to the District or to any residentor occupant thereof, either for failure to or delay in responding to any call for inhalator or fire protection. The said District agrees that it will indemnify the City for any judgment rendered against it or sums paid out by it in settlement or payment of any such claims. 6a The District agrees that is will pay to the City of Des Plaines the surae of $500.00 for the year 1952 for the fire protection and inhalator service aforesaid; the sume of $500.00 is to cover four calla and the said District agrees that for all fire calls answered within the District over four, that it will pay to the City of Des Plaines the sum of $100.00 for each additional call: in addition to fire calls, the said $500.00 charge shall cover three inhalator equipment calls. For each call from the area for inhA1Ator equipment answered by theCity over three, the District agrees to pay the City of the sume of $25.00 for each additional call. a, For the year 1953 and thereafter, until this agreement is terminated, the District agrees to pay to the City the entire amount of the tax levy collected by it under authority of the Fire Protection District Statutes of the State of Illinois, for which it shall receive unlimited fire and inhalator protection, subject only to the prior rights of the City of Des Plaines, as set forth in paragraph 2 above. 8= The District agrees that is will prompt4 levy the maximum tax authorized by the Statute in such case against all taxable property within the limits of the District, so that the maximum levy is available for payment to the City in 1953. In the Evens that the said District, by its own negligence or delay, or in the event by reason of legal attack upon the validity of the District or its tax levy, the bulk of the taxes levied by it shall not be available to the City during the calendar year 1953, then the City at its option and without notice, may terminate this agreement and refuse the fire and inhalator protection herein provided for. .Is This agreement shall be renewed from year to year provided, however, that it may be cancelled, effective at the end of any calendar year by either of the parties hereto, upon giving the opposite party notice in writing of such intention to cancel, at least ninety days prior to the termination of such calendar year. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by the properly authorixed officials the day and year above written. CITY OF DES PLAINES a municipal corporation, By KENNETH G. MEYER Mayor ATTEST: OTTO W.J.HENRICH City Clerk PARK RIDGE MANOR FIRE PROTECTION DISTRICT, a municipal corporation, BY ATTEST: The motion was made by Alderman Behrel and seconded by Alderman Schallawitz that the Mayor and City Clerk execute the Fire Contract with'Park Ridge Manor. The Mayor put the Question and the Clerk called the roll with the following result: Ayes: Alderman Hansen,Wolf, Tures,Behrel,Scha7lawitz, McKay,Clement, Morava'and Auck. Nays: None. The Mayor thereupon declared the motion carried. NEBEL TRAILER CAMP-EVAM SERVICE. Alderman Auck read the following letters February 1,1952 Mr. Otto W.J.Henrich City Clerk The City of Des Plaines Des Plaines,Illinois Dear Mr. Henrich: The recommendation adopted by the Des Plaines City°Council on January 7,1952, for the assessment of seventy-five (75¢) cents per months per trailer for sewer service at the Nebel Trailer park on West Oakton, has been given further study. Mr. Louis Nebel and I recently met withAlderman Dale Auck and it was then agreed that the trailer park operator would not further oppose the assessment at this time. It was understood that as soon as it could be conveniently arranged a list of the number of trailers in the park having toilet and shower facilities would be submitted to your office. Very truly yours, Frank E. O'Reilly FEO:h© The motion was made by Alderman Auck and seconded by Alderman Marava that the City Attorney draft a sewer service contract for the Nebel Trailer Camp. The Mayor put the question and the Clerk called the roll with the following result: Ayess Alderman Hansen,Wolf,Behrel,Schallawitz,Clement,Morava and Auck. Nays: Alderman Tures, and McKay. The Mayor thereupon declared the motion carried. Alderman Hansen reported that parking on the west side of Pearson Street from Ellinwood Street to alley had been changed to parallel parking. Alderman Auck said he had received a letter regarding poor drainage at the Veteran's Housing sections. The Mayor referred the letter to the City Engineer Fletcher. APPROVAL OF MINUTES. The motion was made by Alderman Clement and seconded by Alderman Behrel to approve the minutes of the regular, meeting January 21 and the adjourned meeting of January 28,1952. Alderman Auck requested a correction in the Fire Department report of fire loss from $39,000.00 to $49,000.00. The motion was then voted upon acclamation and the minutes approved as corrected. Alderman Behrel reported that Walter Lmgerhausen had asked him to make a Verbal report of his resignation. The motion vas then made by Alderman Behrel and seconded by Alderman Schallawitz that the resignation should be excepted with regrets. The motion was -voted upon by acclamation whereupon the Mayor declared the motion carried. Alderman Auck made the motion that the City enter an agreement with the Sanitary District to obtain title to the Imhoff Tank equipment. Alderman McKay reported that he had the ordinance in his possession which it stated the City would automaticly received the property. Alderman Auck withdrew his motion and Alderman McKay said he would turn over the ordinance to Alderman Amok. The Clerk reported he had received a letter from the United Motor Coach Company that they were studying changes in bus service and that Mr. Hanck would contact the Clerk as soon as possible. CHICAGO & NORTHWESTERN RAILWAY AGREEMENT - 8 INCH WATER MAIN AT SEEGERS ROAD. The Clerk reported he had received an agreement with the Chicago & Northwestern Railway regarding the 8 inch water main at Seegers Road. The motion was made by Alderman Behrel and seconded by Alderman Auck that the Mayor and City Clerk execute the agreement. 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 Amok. Nays: None. The Mayor thereupon declared the motion carried. SANITARY DISTRICT SEWER PERMIT NO. 1952-3 The Clerk informed the Council he had received a permit from the Sanitary District regarding City sewer extension to serve the Herzog-Nunze Subdivision on Algonquin Road co 5its- SANITARY DISTRICT SEWER PERMIT NO.1952-3 CONT'D. The motion was made by Alderman Hansen and seconded by Alderman Schwallawitz that the Mayor and City Clerk execute the permit No. 1952-3. The Mayor put the question and the City Clerk called the roll with the following results Ayes: Alderman liansen,Davia,Wolf,Tures, Behrel,Schallawitz, McKay,Clement, Morava, and Auck. Nays: None. Th. Mayor thereupon declared the motion carried. REQUEST FOR ALLEY VACATION BY GEORGE BURGESS. The Clerk read the following letter: January 25,1952 Council Members City of Des Plaines Illinois Gentlemen: I would like to request vacation of the alleys situated in Blocks 12 and 13 in Oliver Salinger and Company's Touby Avenue Subdivision and also the twenty foot alley parallel to Des Plaines - Avenue in Block 10 in Oliver Salinger and Company's Touby Avenue Subdivision, all of which is more specifically shown on the plat for vacation hereto attached. Herewith enclosed is check to cover costs involved. Yours very truly, GEORGE P. BURGESS GPB:dng The Mayor referred the letter to the Municipal Development Committee. CITY ATTORNEY'S LETTER ON POLICE RESERVE. TheClerk read a letter from: Attorney Howard on Police Reserve. The Mayor referred the letter and ordinance to the Public Protection Committee. PASS GASOLINE SERVICE STATION ORDINAANCE., The Clerk read for second reading the following proposed ordinance entitled: AN ORDINANCE AMENDING SUB SECTIONS (a), (b) and (c) OF SECTION 2 OF AN ORDINANCE ENTITLED "AN ORDINANCE TO REGULATE, LIMIT AND RESTRICT THEPLACE OF BUILDING GASOLINE SERVICE STATIONS AND OF GASOLINE STORAGE TANKS WITHIN THE CITY OF DES PLAINES. The motion was made by Alderman Clement and seconded by Alderman Behrel to pass the proposed ordinance. The Mayor put the question and the City Clerk called the roll with the following result: Ayes: Alderman Harmsen, Wolf, Davis,Tures,Behrel,Schallawitz,McKay,Clement,Morava and Auck. Nays: None. The Mayor thereupon declared the motion carried and the proposed ordinance passed. VARIATION KIMBALL HILL, TOM AND MAGNOLIA AVENUES. The Clerk read the following letter: January 28,1952 City Council of the City of Des Plaines,Illinois Attention: Mr. Otto W.J.Henrich,City Clerk Gentlemen: The property at Touby Avenue and Magnolia Avenue was zoned for commercial. In our house building program we are not using it as commercial, but are putting it to a higher use, to wit, houses. Inasmuch as the code requires exterior fireproof material in a commercial area, it would be necessary for us to put on the houses asbestos shingles instead of cedar shingles. We are much averse to the use of asbestos shingles from an aesthietic sense. We accordingly, request permission for a variation which will allow us to use cedar shingles. We feel that the request is justified inasmuch as the entire area is being developed as a residential area as against a commercial area, and the fire resistance requirment would not be necessary. 84IDALL HILLI S IZTTER CONT D. KHtdmg Tours very truly, KIMBALL HILL & ASSOCIATES, INC. By: Kimball Hill, President The motion was made by Alderman Clement and seconded by Alderman Behrel to referr the variation to the Zoning Board of Appeals, sitting as a commission to call a hearing. The Mayor put the question and the City Clerk called the roll with the following result: Ayes: Alderman Hansen,Davis,Wolf,Tures, Behreljehwallawitz„McKay,Clement,Morava, and Auck. Nays: None. The Mayor thereupon declared the motion carried. REZONING APPLICATION -MRS. LAVERNE GARLAND422LBAERROAD., The Clerk read the following proposed rezoning application. January 21,1952 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,Illinois, owned by: Mrs. LaVene Garland 1977 Rand Road and described as follows: The South Two Hundred and Eighty Five (285) feet, except the West Sixteen(16) feet thereof, of Lot seventeen (17) in part of Garland Division of Land in the South One -Half of the South Ogre -Half of Section Sixteen (16), Township Forty -One (41) North, Range Twelve(12) East of the Third Principal Meridian. Change from "A"Zone Residential to "C"Zone Commercial Application fee of $25.00 and $15.00 fee for publishing notice of hearing inclosed. LaVene Garland 1977 Rand Road The motion was made by Alderman Tures, and seconded by Alderman Behrel to refer the application to the Zoning Board of Appeals sitting as a commission to call hearing. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. MEG RESOLUTION TO WIDEN JEFFERSON STREET. PARK PLACE AND GRACELAND The Clerk read the following proposed resolution: "RESOLUTION FOR B4PROVEMENT BY MUNICIPALITY UNDER THE MOTOR FUEL TAX LAW." BE -IT RESOLVED, by theCouncil of the City of Des Plaines,Illinois that the following described street (s) be improved under the Motor Fuel Tax Law: Arterial Street or Mame of Thoroughfare Route From To Length Jefferson Street 12 Lee Graceland 682 feet Park Place 13 Lee Jefferson 173 " Graceland Avenue 6 Jefferson Miner 185 ” BE IT FURTHER RESOLVED, 1. That the proposed improvement consist of widening existing roadway surface with concrete, constructing curb and gutter and storm sewer, and surfacing existing pavement with 1-11 Asphaltic concrete, construction 30 to 40 feet wide and shall be designated as Section 18 -CS. 2. That there is hereby appropriated the sums of Forty-five thousand Dollars ($45,000.00) for the improvement of said section from the municipality's allotment of Motor Fuel Tax -Funds. G f7 RESOLUTION CONTnD. 3. That siad work shall be done by contract and BS IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution tb the Department of Public Works and Buildings, Division of Highways, through its District engineer's Office at Chicago,Illinois I, Otto W.J.Henrich, City Clerk in and for the City of Des Plaines hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the: Council at a meeting on February 4,1952. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 5th day of February, A.D. 1952. OTTO WJJ.HENRICH CITY CLERK The motion was made by Alderman Morava and seconded by Alderman Clement to adopt the proposed resolution. The Mayor put the question and the Clerk called the roll with the following resutl: Ayes: aldderman Hansen,Davis,Wolf,Tures,Behrel,Schallawits,McKay,Clement,Morava and luck. Nays: None., The Mayor thereupon declared the motion carried. DES PLAINES CIVIC ASSOCIATION LETTER ON V.F.W. FESTIVAL DAYS. The Mayor read the following letters To the Mayor and City Council of the City of Des Plaines,Illinois February 2,1952 Gentlement At an emergency meeting of members of this association, the following letter was instructed to be written to your Council calling attention to certain matters which are apparently in violation of a ruling of the Zoning Board of Appeals as it affects the property owners and residents in this area. Recent articles published in the Des Plaines Suburban Times and the Des Plaines Journal'reported the action of your Council; granting permission to the local VIEW Post to conduct its annual "Independence Day Celebration" from July 2,through July 6, to be held in the rear of its Home on Miner Street. One paper reports this celebration as "An Independence Day Festival". Since Independence Day is on July 4,only, it is apparent that the celebration will take on the character of a festival" or carnival. The records of the City of Des Plaines will reveal that in August 1948 the Zoning Board of Appeals granted the V.F.W. Post No. 2992 a variation from the residential zoning to permit said VFW to erect on their property on Miner Street a Memorial Home. This variation was granted with the consent of 34 property owners who contested the request for commercial zoning by the VFW. This variation was granted, furthermore, subject to two limitations, namely --(1) all outdoor activities are limited to memorial and patriotic exercieses; (2) adequate automobile parking space be provided for off -the -street parking in the rear of the building to eliminate traffic congestion. Neither one of thses limitations has been complied with, for on the night of Saturday,August 7, the VFW held a dance on the property for which no permit had been granted by the City and for which ten cents was charged. The City Clerk had refused a permit On the premise that it was in violation of the zoning granted. Also adequate off -the -street parking has not been affected resulting in slowing of traffic and creating hazardous conditions adjacent to a public park where many ohildrea.find clean and healthful recreation. Limitation No. 1 eliminates the right to hold carnivals at this location, and for the Council mow to grant a permit for holding an activity which plainly is in the nature of a carnival is in violation of the zoning to which the City must have given approval. In the letter of request made by the VFW to the City for a permit, it is stated that the "Proceeds will be used, eta." This clearly implies the selling of something, making it a commercial venture and not permissible under the zoning variation granted. DES PLAINES CIVIC 'ASSOCIATION LETTER CONT'D. Until very recently a large sign erected at the front of the VFW property advertised Bingo Games every Tuesday. If the proceeds therefrom accrued to the profit of the VFW, this clearly became a commercial enterprise and again was in violation of the Zoning Board of Appeals. Numerous times during the pass two years activities held within the Memorial Home have become outdoor affairs, attended with noise and shouting, to the extreme annoyance of the nearby' residents, and at hours of the night when quiet is appreciated. In an article published in the Suburban Times of August 19,1948 is reported a letter addressed to the City Council by the Zoning Board of Appeals expressing their displeasure at the manner in which the Council was, maintaining adherence to and enforcement of certain zoning problems. It should not be necessary to remind the members of our City Council that they are duty bound to uphold the ordinances of the 6ity and their duly appointed Zoning Board. Also, it is quite commonly believed that the VFW have been selling liquors within their premises, which would also constitute a violation of the zoning ordinance, since said ordinance does not provide for any commercial enterprise. if a liquor license has been granted to the VFW, it is requested under what authority it was issued. Further, the articles appearing in the aforementioned newspapers state that a "gigantic fireworks display" would be included as a part of the Festival. Your City Council is reminded that these fireworks displays have been extremely hazardous. One resident complainsof having to go about his premises extinguishing fire brands to protect his hale. One other home in the vicinity has been on fire twice as the result of air borne fire brands. Fire brands have been picked up in yarn around residences as far away as 1400 feet, and can actually be offered in evidence. While all the residents enjoy seeing a fireworks display, it is rather an uncomfortable feeling, knowing that one of these firebrands may land on his own home to set fire and destroy his property. In addition to the danger of setting fires, the debris from the fireworks must be cleaned up, and in some cases the accumulation of this debris is considerable. It is sincerely hoped by the members of this Association that proper steps be taken to rescind the action of the Council and comply -with the decision of the Zoning Board of Appeals made in August,1948. Respeetfu11yt EAST DES PLAINES CIVIC ASSOCIATION Bit Theodore B. Gray President ' Attest: Alice Spalding— Secretary After discussion the motion was made by Alderman Davis and seconded by Alderman Hansen to reconsider the action of theCity Council in granting permission to the Veteran's of Foreign Wars to hold Festival Days, July 2 to Jay 6,1952. The Mayor put the question and called the roll with the following result: Ayes: Alderman Hansen,Davis,Wolf,Tures,Behrel,Schvallawitz, McKey,Clement,Morava and Auck. Nays: None. The Mayor thereupon declared the motion carried. The motion was then made by Alderman Hansen and seconded by Alderman McKay to revoke the permit granting the Veteran's of Foreign Wars`permiisiox to hold the Festival Days from July 2 to July 6,1952. The Mayor put the question and the clerk called the roll with the following result: Ayes: Alderman Hansen,Davis,Wolf,Tures,Behrel,Sohallawitz,McKay,Clement,Morava and Auck. Nays: None. The Mayor thereupon declared the motion carried and instructed the Clerk to notify the Veteran's of Foreign War's the action that was taken. The Mayor referred the above item to the Public Relations and Building Permit Committee's to confer with the Veteran's of Foreign Wars. The Mayor referred the Liquor license of the Veteran's of Foreign Wars to the License Committee and Mayor. 49 RAYMOND KOLZE APPOINTED n.itg MARSHAL t The Mayer informed the Council that he was appointing a new fire marshal after due con- sideration of the men qualified for the position b' the Public ProtectionCommittee and the Mayor. On motion by Alderman Auok and seconded by Alderman Behrel the appointment was approved. RESOLUTION COMMEND;NG WALTER LAGERHAUSEN ON HIS RETIREMENT AS FIRE MARSHAL. On motion by Alderman Wolf and seconded by Alderman Tures a resolution of appreciation of the faithful service of Walter Lagerhausen as fire marshal and that some form of resolution be drafted to present to Mr. Lagerhausen. ( May 2,1937 to February 4,1952) Alderman Auck requested an inspection by the fire inspector at 1763 Illinois Street. APPROVAL OF BILIS. 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 FOLLOWING 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 Alderman Behrel 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 Auck. Nays: None. The Mayor thereupon declared the motion carried. NELDA A. MILLER -JUDGEMENT FOR $7p.00 Alderman McKay reported on pent of Nelda A.Miller, Judgement of $750.00 that the Finance Committee recommended that the judgement be satisfied immediately and the interest charge which would otherwise accrue, be saved. On motion by Alderman McKay and seconded by Alderman Hansen, the report was concurred in. The Fire Department's request for a permit for fire -works display July 4,1952, was referred to the License Committee. The Mayor referred the Cumberland street lights to the Street Committee. ADJOURNMENT. The motion was made by Alderman Behrel and seconded by Alderman. Tures to adjourn the meeting to Monday, February 11,1952, at 800 P.M. -H.CITY CLERK MINUTES OF THE ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, HELD IN THE COUNCIL CHAMBERS, MONDAY, FEBRUARY 11, 1952, AT 8:00 P.M. CALL TO ORDER. The City Clerk called the Council to order due to the absence of the Mayor. The Clerk called the roll with the following result: Ayes, Aldermen Hansen, Davis, Wolf, Tures, Behrel, McKey, Clement and Auck.. Alderman Morava was absent. se ('IAL- t.ostm/AL On motion by Alderman Hansen and second by Alderman Schallawitz, Alderman Clement was appointed Mayor pro tem.