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06021952ADJOURNMENT. The motion was made by Alderman Davis and seconded by Clement .to Adjourn the meeting to Monday May 26, 1952, at 8:00 P. M. The motion was voted upon by acclaimation, whereupon the Mayor declared the motion carried and the meeting adjourned to Monday May 26, at 8:00 P.M. Otto W. J. ,;-iirich, City Clerk THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS MONDAY JUNE 2. 1952. at 8:00 P.M. CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer, who presided with Alderman.Haneen, Wolf, Tures, Behrel, Schallawitz, McKay, Clement, Morava, and Auck responding to roll call. Alderman Davis was absent. APPROVAL OF MINUTES. The motion was made by Alderman Tures and seconded by Alderman Behrel to approve the minutes of May 19, 1952. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. OFFICIAL REPORTS. The Clerk submitted the reports of Building Inspector and City Clerk for May. TRAFFIC COMMISSION REPORTS. The Clerk read toe following two reports: May 31, 1952 Mr. Otto W, J. Henrich City Clerk Municipal Building Des Plaines, Illinois Dear Sirs We wish to report as follows on the Committee Report you sent us dated may 5: First, that the request of the Kenny Shade Company asking for two- hour parking on Northwest Highway west of Golf Road to Cornell's Real Estate Office was considered premature, and suggest that this request could be reconsidered if and when parking conditions warrant it. In regard to the request of the Des Plaines Loan Association for parking meters on Prairie Avenue'east of Pearson Street, in our opinion this: request is not justified; and secondly, this area was set aside to provide for those who required all day parking. We also suggest that a request be made of the State of Illinois Highway Department to place four-way stop signs immediately and suggest that stop and go lights be added later at the intersection of Des Plaines Avenue and Oakton Street. VLS:aj Mr. Otto W. J. Henrich City Clerk City of Des Plaines, fllinois Dear Mr. Henrich: Respectfully yours, DES PLAINES TRAFFIC COMMISSION By V.L. Spiegler, Secretary May 27, 1952 We wish to report the receipt of a letter from J. P. Tuthill, District Engineer, Division of Highways, State of Illinois, dated April 15, the contents of which read that -they are glad to comply with our request to creat a maximum speed_limit of 45 M.P.H. between the west limits of Des Plaines and the east limits of Mount Prospect on Northwest Highway, and that proper signs would be posted at their earliest convenience. Respectfully yours, DES PLAINES TRAFFIC COMMISSION By V. L. Speigler, Secretary VLS:sj Superintendent Wernicke Was to contact the State Highway Department regarding traffie lights at Des Plaines Avenue and Oakton Street. SEWER CONTRACT WITH TOWN AND COUNTRY TRAILOR HOMES. INC. Alderman Auck reported the sewer contract complies with the expressed ideas of the Sewer Committee and City Attorney, therefore recommend that the Mayor and Clerk be authorized to sign this contract and place it in effect. The motion was -then made by Alderman Auck and seconded by Morava to authorize the Mayor and City Clerk to execute the contract. The Mayor put the question and the clerk called the roll with the following result: Ayes:, Alderman Hansen, Wolf, Tures, Behrel, Schallawitz, McKay, Clements Morava, and Huck. Nays: None. The Mayor thereupon declared the Motion carried. RESOLUTION FOR VACATION OF STREETS AND ALLEYS. The Clerk read the following proposed resolution entitled: AMMENDMENT TO RESOLUTION ESTABLISHING PROCEDURE FOR VACATION OF STREETS AND ALLEYS. The motion was made by Alderman Clement and seconded by Morava to adopt the proposed resolution.' The mayor put the question: and the Clerk called the roll with the following result: Ayes: Alderman Hansen, Wolf, Tures, Behrel, Schallawitz, McKay, Clement, Morava, and Auck. Nays: None. The Mayor thereupon declared the motion carried. PASS AIdEY VACATION ORDINANCE "0. SALLINGER SUBDIVISION." The Clerk read for second reading the following proposed ordinance entitled: AN ORDINANCE VACATING PUBLIC ALLEY 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: Alderman Hansen, Wolf, Tures, Behrel, Schallawitz, McKay, Clement, Morava, and Auck. Nays: None. The Mayor thereupon declared the motion carried. 1 PASS ZONING ORDINANCE 0. SALLNNtIER' SUBDIVISION. 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 motion was made by Alderman Clement and seconded by Auck to pass the proposed ordinance. The Mayor put the question and the Clerk called the roll with t he following result: Ayes: Alderman Hansen, Wolf, Tures, Behrel, Schallawitz, McKay, Morava, and Auck. Nays: None. The Mayor thereupon declared the motion carried. Alderman McKay reported on the request by Mrs. DeFalco for a Quit Claim Deed. That the Finance Committee recommends the offer of Mrs. DeFalco dated May 15, 1952 to purchase Citys interest in lots 13, 14, and 15. Block 2, Mechanics Addition to Des Plaines at $50.00 per lot, be accepted and the Mayor and Clerk be authorized to execute necessary papers. APPROVAL OF B'17T S. 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 eadh Alderman and affirmed to resolution, and on file with the City Clerk, 1 The motion was made by alderman McKay and seconded by Auck to adopt the proposed resolution. The Mayor put the question and the Clerk called the roll with the following result; Ayes: Alderman Hansen, Wolf, Tures, Behrel, Schallawite, McKay, Clement, Morava, and "uck. Nays: None. The Mayor thereupon declared the motion carried. REQUEST FOR ALLEY VACATION '0. SALINGER SUBDIVISION.' The Clerk read the following proposed ordinance entitled: AN ORDINANCE VACATING PUBLIC ALLEY The Mayor refered the proposed ordinance to the Street Committee. OPEN BIDS ON STREET MAINTENANCE. On motion by Alderman Morava and seconded by Schallawitz the Clerk was instructed to open the bids. The following bids were received: Skokie Valley Asphalt Co. Inc. Des Plaines $ 10,750.04 Black Top Roads Co. Chicago 11,546.29 Rodk Road Construction CP. Chicago 12,086.63 The Mayor refered the bids to the City Engineer, Finance and Street Committee's. After a short recess Alderman Hansen reported that the recommendation was to award the bid to The Skekie Valley Asphalt Co. Inc. The motion was made by Alderman Hansen and seconded by McKay to award the bid to the Skokie Valley Asphalt Co. Inc. Tbt Haydn' put the 'question: and _the,:CIerk, _Ga led: tha roll with the following result: Ayes: Alderman Hansen, Wolf, Tures, Behrel, Schallawitz, NcKay, Clement, Morava, and Auck. Nays: None. The Mayor thereupon declared the motion carried. FIRST READING OF 1952 TAX LEVY ORDINANCE. The Clerk read for first reading the following proposed ordinance entitled: AN ORDINANCE The Mayor Ordered the proposed ordinance placed on file for second reading. letter: REZBNING APPLICATION HINES LUMBER CO. The Clerk read the following May 19, 1952 Members of the City Council City of Des Plaines Des Plaines, Illinois Gentlemen: I am enclosing herewith application of Herbert Seegers, Mary Seegers, and the Edward Hines Lumber Co. for the rezoning of the property now owned by Mr. and Mrs. Seegers, located at Wolf Golf Road in Des Plaines. I believe, the application is self-explanatory. - I shall appreciate very much if you will forward the enclosed application to the City Zoning Board of hearing on the merits of this application. Please direct any further correspondence in connection with this application directly to me. Yours very truly, REM: of k enc. - Richard F. Moons The Mayor refered the application to the Municipal Development Committee. Veterans of Foreign Wars requested permission to hold their carnival Northwest corner Brown and Lee Streets. On motion by Alderman Tures, and seconded by Wolf the request was granted. The City Clerk informed the Council that he had received reports of examination of the Firemen and Policemen's Pension Funds from the State Department of Insurance which are on file in the Clerks Office. Alderman Clement presented a petition from people on Greenview Avenue between Third and Fourth Avenue Desiring "Slow" signs and "Children Playing" signs. The Mayor refered the petitions to the Traffic Committees On suggestion of Alderman Behrel the Mayor refered the Public Protection Committee the investigation of planing a fire dept. station on the south section od the city? 69a Alderman Behrel requested the City Clerk to write the Chicago and Northwestern RRy. about freight cars being on sidetrack west of Gractland Avenue for three weeks at a time. Also passenger train pulling in west'of Graceland Avenue in the morning and while fireing up belching smoke. . The Mayor refered to the License Committee the bicycle ordinance regarding use of tape. Alderman McKay suggested the City Clerk write the State Highway Department to change the City population sign at west city limits Golf Road, Also a city Limits sign. On motion by -Alderman Clement and Second by Hansen the Liquor Ordinance regarding 30 day period to apply to all cancellations of license was refered to City Attorney. On suggestion by Alderman Schallawitz the contractor's license was refered to City Attorney. On motion by Alderman Hansen and second by Schallawitz the attorney' is to amend traffic ordinance making two hour parking on Prairie Avenue from Graceland to Center Streets. On motion by Alderman Hansen and second by NcKay the fee for City Quit -Claim Deeds is to be changed to *100.00 per lot Mayor Kenneth G. Meyer report of reported liQuor store violation. The Clerk read the following report: DECISION OF KENNETH G. MEYER, LIQUOR COMMISSIONER OF THE CITY OF DES PLAINES, ILLINOIS, IN CONNECTION WITH ILIEGED VIOLATION OF THE CITY OF DES PLAINES LIQUOR ORDINANCE AND THE STATE 0' ILLINOIS DRAM SHOP ACT BY DES PLAINES PACKAGE LIQUOR STORE AT 713 CENTER STREET, DES PLAINES, ILLINOIS. On April 30th at about 1:30 P.M. I was informed by telephone by the Chief of Police in Des Plaines that he believed there had been a violation of the Liquor Ordinance by the Des Plaines Package Liquor Store, 713 Center Street, Des Plaines, Illinois. I instructed the Chief to assemble the names of all witnesses and to,place them in by hands for study upon my return to the City, as I was going out of town that night. On the evening of April 30, 1952 the Chief placed in my possession the names of all persona involved, and on Sunday morning, May 25th, I personally interviewed Chief Wigham and Officer Bender of the Des Plaines Police Force, the clerk employed by the Des Plaines Package Liquor Store and a young girl fourteen years of age, a resident of Des Plaines, and her father. From my interview with thv witnesses I ascertained the following: 1) That about 12:30 P.M. on April 30th the Police Department re- ceived a telephone call to the effect that school ehildgen were drinking beer in vacant lot just North of Prairie Avenue and North of the junior high school playground; that when the Police arrived at said location the found two boys and two girls sitting, talking to aach other, and also found an empty quart bottle bearing the label Meister Brau Beer, and that upon questioning the children the, Police were informedby one of the girls that she had purchased a bottle of beer for the boys, and had purchased the beer at the Des Plaines Package Liquor Store, she having told the clerk that she wanted the beer for_ her father who was laying bricks nereby. 2) I interviewed the girl in question, whose name I shall not disclose in this dioision in order to protect the girl. She stated she was fourteen years of age and had gone to said liquor store on many occasions with her father to purchase beer, and on April 30th she went to the liquor store with another girl and told the clerk that her father had sent her for a quart of beer to drink with his lunch. Incidentally, the day in question was an unusually hot day for the month of April. The girl claim: that she drank none of the beer and that she got the money from two boys and took the beer to the boys at the vacant lot near the junior bight playground, and then went to her own home to have lunch. 3) I interviewed the father of the girl in question, and he admits he has purchased beer ,on many occasions at said liquor store and that on mapy occasions one or both of his daughters were with him. 1 4) I interviewed the clerk employed at said liquor store and he has no financial interest in the liquor store. When the girl in question came to his store on April 30th he, recognized her as bing the daughter of one of his customers who frequently bought beer, and hesitated about selling the beer to the child, but because of the warmth of the weather and the statement that her father was laying bricks hereby and wanted the beer for his lunch, and the clerk knowing that the father was.a bricklayer, hersold the beer to her. The clerk in question is a resident of Des Plaines and of good repute and has been in the liquor business for over thirty years, and during a portion of that time emned his own tavern, and he never has been guilty of violation any of the laws with respect to the sale of liquor. Furthermoee, I have no knowledge that the licensee has ever been charged with conducting his place of business contrary to our ordinances or the State Liquor Law. 5) The father of the girl in question does not wish to sign a complaint against the liquor store, and I, as Commissioner, and a father also, strongly reprimanded the girl for the deceit practiced by her upon the clerk. From the facts presented to me I am of the opinion that there was a technical violation Of the State Liquor Law add the Ordinance of the City of Des Plaines governing the sale of liquor. However, I do not believe that the intent of the law was violated by the clerk. The Supreme Court of Illinois has ruled that a liquor commissioner, in passing upon whether or not a liquor license should be revoked, is acting in a judicial capacity, and I am cognizabt that there are many instannes where the strict letter of the law is broken, but the person who violates the law,is found not guilty or is not prosecuted, because of extenuating circumstances, and after due consideration of all the fact and circumstances with respect to this case, it is my opinion and I am ruling that the license beeNot revoked. I know that there are people in this Cjty who will not agree with this decision — people who claim that white is white and black is black and that there can be no blending of the ;_two to make grey. It is very easy for persons not sitting in the chair of responsibility to take such a stand, and, from experience, I know that'such persona do not hesitate to find reasons to excuse themselves and others from abiding by the strict letter of the law. I cannot help but feel that for me to revoke the liquor license in question, based upon the facts and circumstances, would be a vary harsh and unjust ruling. In view of the fact that the State Law grants unto any citizen of Des Plaines the right to appeal to the State Liquor Commissioner from my decision in not revoking a liquor license, I am ruling that this decision shall take effect this 2nd day of June, 1952. Kenneth G. Meyer Liquor Commissioner. On suggestion of Alderman '4olf the Mayor refered the increase of office space for Building Commissioners office to the Public Buildings Committee and Commissioner Rieck. ADJNT. The motion was made by Alderman Clement and seconded by McKay to Adjourn the meeting to Monday, June,9, 1952, at 8:00 P.M. l.� Otto W. 'T/ Eenrich, City Clerk THE Mi4TT1S OF THE ADJOURNED MEETING OF THE CITY COUNCIL CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS MONDAY,'JUNE 9, 1952. at 8:00 P.ML CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer who presided and due to no quorum the meeting was adjourned. 6 93 Henrich, City Clerk