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12151952f� 12/15/52 MINUTES OF THE ADJOURNED MEETING OF THE CITY COUNCIL, DES PLAINES„ILLINOIS, HELD IN THE COUNCIL CHAMBER, MONDAY, DECEMB1 R 8, 1952, at 8:00 P.M. Call to Order. The meeting was called to order by Mayor Kenneth G. Meyer who presided with Alderman Hansen, Davis, Wolf, Tures, Behrel, Schallawitz, McKay, and Auck responding to roll call. The Council discussed the revision of the Code. Adjournment. The motion was made by Alderman Tures and seconded by Schallawitz to adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the meeting regularly adjourned. Otto W. J. Henrich City Clerk MINUTES OF TEE.REGULAR MEETING OF THE CITY COUNCIL, OF THE CITY OF DES PLAINES, ILLINOIS, HEIR IN THE COUNCIL CHAMBER, MONDAY, DECEMBER 15, 1952 at 8:00 P.M. Call to Order. The meeting was called to order by the Mayor Kenneth G. Meyer, who presided with Alderman Davis, Tures, Behrel, Schallawitz, McKay, Auck responding to roll call. Approval of Minutes. The motion was made by Alderman Tures and seconded by Schallawitz to approve the minutes of the adjourned meeting of November 24, and regular meeting of December 1, 1952. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. Official Reports. The Clerk submitted the reports of City Treasurer and City Clerk for November. City Attorney report on Zoning concrete mixing business.. The Clerk read the following report: December 6, 1952 Honorable Mayor and City Council of the City of Des Plaines City Hall Des Plaines, Illinois Gentlemen: There has been referred to me the matter of amending oui'_ zoning ordinance to specifically place cement or concrete mixing hoppers in a Heavy Manufacturing classification. On examining the present zoning ordinance as to light and heavy manufacturing respectively, I find that in neither case are any specific industries listed, excepting only that under Heavy Manufacturing there is a long list of obnoxious industries which are altogether prohibited. Under such cirunmstances, to amend the Zoning Ordinance to specifically bar one use only in Light Manufacturing, would in my opinion subject such an ordin- ance,to a charge of arbitrary discrimination. I seriously doubt that any court would uphold such discrimination. It seems to me it would be better, perhaps, to rely on our present interpretation of the Light Manufacturing classifica- 1.1.11.111,1 ,Nf / .12/15/52 Report on Zoning Contt. tion to deny permits for the extension of the concrete mixing business. It seems reasonably clear to me that even under the existing ordinances, concrete mixing would be a Heavy Manufacturing industry,= It might be that general classification of industries, particularly as to weight, noise and dust, might more effectively block the concrete mixing hopper, but I seriously doubt the valid- ity of specifically listing that one industry in the ordinance. The Ordinance, in any event, should be rewritten to include structures, as well as buildings. One of the present defenses of the Meyer Coal Company is that our'height limitation applies only to "buildings" and their hopper is not a "building", and they are not therefore barred by the height restriction under the present ordin- ance. I would therefore recommend: 1. That any attempt to amend the present ordinance by specifically listing one industry only be abandoned. 2. That the building commissioner, or an appropriate committee with knowledge of the building industry, review the standards set up for Light Manufacturing and attempt to classify industries in some general way so as to bar concrete mixing under Light' Manufacturing by general classification rather than by a specific prohibition. As long as the problem has hgone this long without remedy, it might be just as well to leave this type of ammend- ment of the ordinance to the revised code and rewrite the entire Light Manufacturing section in the course of our code revision. 3. That the ordinance be immediately amended so that "structures" are included both in the use provision and in the height restriction provisions, as well as "buildings". Yours very truly, Marshall S. Howard City Attorney MSH:rj On motion by Alderman McKay and second by Schallawitz the City Attorney was instructed to amend the Light Manufacturing Ordinance to.' include structures as well as buildings. The Mayor refered the report to the Council to consider in revising the Zoning code. Engineer Fletcher reported he head an agreement regarding the enlarging of water treatment pant with Alvord, Burdick, and Howson, The Mayor refered the agreement to the Finance and Water Committees. Engineer Fletcher informed the Council it had been agreed to modify the specifications on the new well and he desired to have the Council approve same. The motion was made by Alderman Tures and second by Auck to approve the modifications. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Davis, Tures, Behrel, Schallawitz, McKay, and Auck. Nays. None. The Mayor theerupon declared the motion carried. Alderman Behrel reported that there would be two County Zoning hearings December 19, 1952 at 5:00 P.M. Property on Rand Rd. near Hewthorne,and on Golf Road near East River Road. Alderman Behrel reported the Plan Commission had checked the matter of a City survey by a Mr. Kincaide at a cost of $15,000.00. That the Plan Commission are working on plans which they will present, at some latter date. Due to the cost of the Kincaide survey on motion by Alderman Behrel and seconded by Tures the survey was tabled. North and South Maine Fire District.agreement. Alderman Behrel presented the agreements for North and South Maine Fire Districts 12/15/52 Fire District Agreement Cont. which had been signed by officials of the districts. The motion was made by Alderman Behrel and seconded by Auck that the Mayor and Clerk be authorized to sign the agreements. The Mayor put the question and the Clerk called the roll with the following result. Ayes: Alderman Davis, Tures, Behrel, Schallawitz, McKay, and Auck. Nays: None. The Mayor thereupon declared the motion carried. Alderman Behrel informed the Council that a police patrolman may resign to take on another duty therefore the Fire and Police Commissioners should be instructed to appoint another patrolman to fill the vacancy when it occurs. The Clerk read a letter from the Chicago & Northwestern Railway that investigation was made to eliminate the smoke nuisance from locomotives. The Clerk read the following letter: 4 December 1952 Otto W. J. Henrich City Clerk of Des Plaines City Hall Des Plaines, Illinois Dear Mr. Henrich: In reply to your letter of a few days ago in. regard to the routing of trucks, would say that we will be glad to notify you of any applications wherein the proposed operation might envolve the use of your City streets for trucking purposes in the future. We are pleased to be of service to you at any tie and anxious to cooperate with you in any manner that we can in this matter. Yours truly, Louie E. Lewis Chief Commissioner LEL:afl Adopt resolution one year street improvement. The Clerk read the following resolution: RESOLUTION One Year Street Improvement Program City of Des Plaines, Illinois WHEREAS, House Bill 820, as passed by the 66th General Assembly, requires all Municipalities to submit a One Year Street Improvement Program to the State Highway Department on or before December 31st of each year, and WHEREAS, the Engineer for the City of Des Plaines together with the Committee on Streets has recommended definite im- provements for the One Year Program, NOW THEREFORE, BE IT RESOLVED, By THE City Council of the City of Des Plaines, that the One Year Street Improvement Program for the City of Des Plaines for the year 1953 shall consist of the following:- Graceland Ave.- At Soo Line Railroad, Art. #6?:- Miner 6Miner Street - Des Plaines to Graceland,S.A.124 Ellinwood St. - Des Plaines to Graceland,Ant.#10 Pearson St. - Des Plaines to Prairie, Art. #5 Center St. - Ellinwood to Prairie, Art. #9 Lee Street — Jefferson St. to Prairie,S.A.306 Wolf Road - Near Thacker Street, S.A. 16 Thacker Street At Second Avenue, Art. #4 Des Plaines - Near Perry Street, S.A. 22 - Crossing Gates - Street Lights tr n n n n n rt - School Crossing Lights n u n It 110 It n. tr One year street improvement program continued. BE IT FURTHER RESOLVED, that three copies of this resolution be transmitted to the Chicago Office of the State Highway Department. Motion to adopt by Alderman Auck Second Alderman Behrel For 6 Against 0 Resolution passed this 15 th day of December 1952. City Cleak The Motion was made by Alderman Auck 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 Davis, Tures, Behrel, Schallawitz, McKay, and Auck. Nays None. The Mayor thereupon declared the motion carried. Adopt resolutioh five year plan street improvement. The Clerk read the following resolution: RESOLUTION Five Year Street Improvement Program City of Des Plaines, Illinois WHEREAS, House Bill 820, as passed by the 66th General Assembly, requires all Municipalities to submit Street Improvement Programs to the State Highway Department onoor before December 31st of each year, and WHEREAS, the City of Des Plaines wishes to revise its Five Year Street Improvement Program, NOW THEREFORE, BE IT RESOLVED, by the City. Council of the City of Des Plaines, that the Five Year Street Im4rovement Program for the City of Des Plaines for the years 1953 to 1957, both inclusive, shall consist of the following:- Graceland - At Soo Line Railroad Art. #6 Crossing Gates Miner - Des Plaines to Graceland S.A.124 Street Lights Ellinwood .� tt n If " Art.#10 it it Pearson - n n " Prairie Art. #5 n n Center-"Elinwood to 'Prairie Art. #9 n if Lee - Jefferson to Prairie StA.306 it n Prairie - Lee to Graceland Art.#15 " n Wolf Rd. - Near Thacker S.A. 16 School Crossing Lights Thacker - At Second Art. #4 " " n Des Plaines- Near Perry S.A. 22 n " it Graceland - Thacker to Oakwood Art. #6 Widen & Resurface Graceland - Rand to Miner Art. #6 tt tt, First Ave.- Oakwood to Walnut Art. #6 " it Thacker - Des Plaines to First Art. #4 " n Algonquin - Des Plaines to Lee S.B.I.62 " n Park Place- Lee to Pearson Art.#13 n n Jefferson - Lee to Des Plaines Art.#12 " rt Des Plaines- At Oakton S.A.22 Traffic Lights BE IT FURTHER RESOLVED, that three copies of this resolution be transmitted to the Chicago Office of the State Highway Department. Motion to adopt by Alderman Tures Second Alderman Schallawitz. For (6) Against (0) Resolution passed this 15 th day of December 1952. City Clerk 12/15/52 Five year street improvement ,Ilan continued. The motion was made by Alderman Tures and seconded by Schallawitz to adopt the resolution. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Davis, Tures, Behrel, Schallawitz, McKay, and Auck. Nays: None. The Mayor thereupon declared the motion carried. Resolution for nominating petitions for Alderman. The Clerk read a resolution which establishes the number of names for nominating petitipns for Aldermen which is not less than 32 names and not more than 50 names. On motion by Alderman Auck and second by Davis the resolution was afopted. First reading of Zoning Ordinance S.W. corner of Algona -Lab and Wolf Roads. The Clerk read for first reading the following proposed ofdinance entitled: The Mayor The Clerk AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS. ordered the ordinance be placed on file for second reading. First reading of a portion of Birchwood Avenue vacation ordinance. read for first reading the following proposed ordinance entitled: AN ORDINANCE VACATING A PORTION OF BIRCHWOOD AVENUE The Mayor ordered the ordinance be placed on file for second reading. Alderman McKay asked the City Attorney if there was any information on Meyer Coal Co. trial. Attorney M. Howard reported that Mr. Jenner attorney for the Meyer Coal Co, was able to get continuances at all times delaying the case and that he, Attorney Howard, or the attorney representing the West Side Civic Club are unable to do anything about this. That any attorney would know this is the regular court system of delays. Bids on two trucks for Water Department. On motion by Alderman Auck and second by Behrel the City Clerk,was instructed to open the bids on two trucks. The following bids were received: 1. One Panel Truck. Kuhlman & Nagel, Inc. Des Plaines Motor Sales Inc. Harold 0. Tibbits. Panel L. 120 Harold 0. Tibbits. Metro John F. Garlish & Sons John F. Garlish & Sons 2. New Sedan Delivery John F. Garlish & Sons Harold Tibbits Des Plaines Motor Sales $ 2,829.00 2,069.68 1,866.72 2,445.00 2,283.77 Excise Tax deducted 1,726.26 Excise Tax deducted. Truck. 1,730.67 Excise Tait deducted 2,445.00 1,791.41 The Mayor declared a recess and after reconvening the motion was made by Alderman Tures and second by Behrel to award the bid on the Sedan delivery truck to the Des Plaines Motor Sales for $1,791.41. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Davis, Tures, Behrel, Schallawitz, McKay, and Auck. Nays: None. The Mayor thereupon declared the motion carried. The motion was made by Alderman Tures and seconded by McKay to award the bid on the one ton panel truck to Harold Tibbits for 02,445.00. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Davis, Tures, Behrel, Schallawitz, McKay, and Auck. Nays.: None. The Mayor thereupon declared the motion carried. Alderman Auck reported the following on Kimball Hill letter regarding sewer condition at Oakton to Howard: The Sewers and Municipal Development Committee's investigated and, No. 1. Mr. Hill submitted a proposal regarding sewers on the south side in the event he should decide to develop certain areas there, 2. as of 12-1-52, City Engineer advises Mr. Hill will not do any development in this area in the forseeable future thgrefore we recommend that this sewer project be dropped. On motion by Alderman Behrel and second by Auck the report was concurred in. Alderman Auck reported the following on Cumberland Terrace Imhoff Tank and pumps: The Sewer committee investigated and found that disposal of this problem has been satisfactory taken care of by submittal of a new ordinance OD sanitary interceptor sewer on 10-20-52, passed 12-1-52, and recommend disposal of this matter be returned to jurisdiction of city engineer as conditions regarding sanitary interception sewer work progresses then Des Plaines. On motion by Alderman Schallawitz and second by Auck the report was concurred in. The City Clerk read a letter from Mr. A. Alfini objecting to the rezoning on Howard Avenue for a black -top plant. The Mayor ordered the letter placed on file. Police Reserve rules. The Clerk read the following letter: December 15, 1952 Honorable Mayor and City Council of the City of Dee Plaines City Hall Gentleman: Some time ago the newly created Police Reserve adopted rules and regulations governing their unit. The ordinance creating the reserve requires such rules and regulations be submitted to the City Council. I am therefore forwarding to you herewitia copy of the rules and regulations of the Des Plaines Police Reserve. I have checked over the rules and find them to be in conformity with the ordinance creating the Police Reserve. I therefore pass them on to you for your examination and approval. Yours very truly, City Attorney The Mayor refered the item to the Public Protection Canmittee. First reading of amendment to parking lot ordinance. The Clerk read for first reading the following proposed ordinance entitled: AN ORDINANCE TO AMEND "AN ORDINANCE RELATING TO, PARKING, LOTS" ADOPTED OCTOBER 2, 1R50, TO EXCLUDE THEREFROM MUNICIPAL PARKING LOTS. The Mayor ordered the proposed ordinance placed on file for second reading. Alderman Davis reported about a traffic light on Northwest Highway at Cumberland Station. On motion by Davis and second by McKay, Engineer Fletcher was instructed to draft specifications. Alderman McKay reported the following regarding a letter from Mr. S. Mandell on a foreclosure: The Finance Committee recommends we doncur in request for permission to file foreclosure suit per S. Mandel's letter of October 2/ attached on Lot 30 except the east 10 feet in Block 1 of A. T. Mclntosch, Des Plaines Heights. Mr. Mandel will bid full amount of principal interest and penalties to hold City harmless of any fees and expenses in connection with the foreclosure proceeding. On motion by Alderman NcKay and second by Schallawitz the report was concurred in. Approval, of bills. Alderman McKay presented the following proposed resolution entitled: 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 CITX 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 City Clerk.) The motion was made by Alderman McKay Approval of bills continued. and seconded by Schallawitz to adopt the proposed resolution. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Tures, Davis, Behrel, Schallawitz, McKay, and Auck. Nays: None. The Mayor thereupon declared the motion carried. First reading of the 1953 Appropriation Ordinance. The Clerk read for first reading the 1953 Appropriation Ordinance. The Mayor ordered the ordinance placed on file for second reading. Alderman Auck reported of complaints regarding amoke from the Premier Rose Gardens. The Mayor instructed the Clerk to write to the company about same. Adjournment. The motion was made by Alderman Davis to adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the Council regularly adjourned. Otto W. J / nrich City Cler