07/19/1954164
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL, DES PLAINES, ILLINOIS,
HELD IN COUNCIL ROOM, MONDAY, JULY 19,
1954, AT 8:00 P.M.
CALL TO ORDER. The meeting was called to order by Mayor Kenneth d. Meyer who presided
with Alderman Hansen, Wolf, Tures, Schallawitz, Behrel, Auck, Dahl, Blume and McKay
responding to roll call.
Alderman Dahl reported on two County Zoning Board hearings to be held August 6,
1954 in the City Hall; property at Milwaukee Avenue and Central Road farming to 10,000
square feet residential.
Alderman Wolf requested that the Superintendent of Public Works see that two
separate circuit lines be installed at well houses, an additional unlisted phone be
installed at water plant and an adequate gas pump be installed to be used upon break-
down of electricity.
Alderman Hansen reported about the bills for repair of Miller Meters and thought
they should be replaced with the Automatic Meters.
Alderman Schubert appeared at this time.
ADOPT CHICAGO & NORTHWESTERN RAILWAY RESOLUTION ON STREET LIGHTS. The Clerk presented
a resolutionfrom the Chicago & Northwestern Railway regarding th installation of new
street lights on their property. On motion by Alderman Auck and seconded by Behrel the
resolution was adopted.
The Clerk informed the Council he had received a letter fro 4 the Illinois Commerce
Commission regarding application for increase of fares by the United Motor Coach. The
Mayor ordered the letter placed on file.
The Clerk read a letter from Wm. L. Kunkel requesting a per it to install 4-35 foot
driveways for new Standard Oil Service Station at Southeast cornr Prairie and First
Avenue. The Mayor referred same to the Building Permit Committee.
The Mayor informed the Council the Lion's Club intended to have a memorial for
Victor Spiegler and they desired to place a plaque in the park on Des Plaines Avenue
at Ashland Avenue where the old pump house was removed. The motion was made by
Alderman Schubert and seconded by Hansen to grant the request. Alderman Wolf requested
that it be referred to the Public Building and Grounds Committee. The Mayor so referred
it and the Clerk was to notify Mr. Sheppard of the Lion's Club o action taken.
A. C. Drenk, 399 Cumberland Parkway recommended by the Mayor to serve as a member
on Weller Creek Drainage District.
APPROVAL OF BILLS. Alderman Behrel presented the following resolution:
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DES PLAINES THAT THE
FOLLOWING B LLS ARE DUE AND PAYABLE
AND THAT THE MAYOR AND CITY CLERK BE
AND HEREBY AUTHORIZED TO MAKE PAYMENT
FOR SAME.
(A schedule of bills placed before each Alderman and affixed to resolution and on file
with the City Clerk.) The motion was made by Alderman Behrel and seconded by Auck to
adopt the resolution. The Mayor put the question and the Clerk called the roll with the
following result: Ayes: Alderman Hansen, Schubert, Wolf, Tures, Schallawitz, Behrel,
Auck, Dahl, ' Blume and McKar. Nays: None. The Mayor thereupon declared the motion
carried.
City Engineer Fletcher presented three proposals for maintenance of non -arterial
streets and recommended the proposal of Skokie Valley Asphalt Company, the lowest
proposal, for 18,920.10. On motion by Alderman Schubert and s9conded by Schallawitz
the proposal be placed on file in City Clerk's office the required seven (7) days.
On request of Alderman Hansen the Clerk was instructed to
Northwestern Railway regarding freight cars with manure on side
rite the Chicago and
track.
ADJOURNMENT. The motion was made by Alderman Tures and seconded by Schallawitz to
adjourn. The motion was voted upon..by acclamation and the Mayor declared the motion
carried.
Ott
Cit Clerk
. J. HenriCh
1
8/2/54 165
MINUTES OF THE REGULAR I;ET:ING OF THE
CITY COUNCIL DES PLAINES, ILLINOIS,
HELD IN COUNCIL RO0.1I, AUGUST 2, 1954.
CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer, who presided
with Aldermen Hansen, Schubert, Wolf, Tures, Schallawitz, Jacobs, Behrel, Harm, Auck,
Prickett, Dahl, Blume, Davis and McKay responding to roll call.
APPROVAL OF MINUTES. The motion was made by Alderman Blume and second by Auck to
approve the minutes of June 28, July 12, and 19, 1954. Alderman Wolf requested a
correction of his request at end of July 12th minutes to include "written opinion
before next meeting". Alderman McKay requested the addition of "second reading of"
in June 28 minutes on Alderman Wolf's motion to hold ordinance in obeyance (Garbage
Ordinance).
OFFICIAL REPORTS. The Clerk submitted the reports of Building Commissioner and City
Clerk for July. Also, City Clerk's report of receipts and disbursements for first
six months of 1954.
.Alderman Prickett reported on driveways for service station at First and
Prairie Avenues and on motion by Alderman Prickett and second by Harm the Council
LTJ concurred in the report to approve the permit.
NORTH-hIAINE FIRE DISTRICT CONTRACT. Alderman Davis made the motion which was seconded
by Hansen to approve the fire contract df the North Maine Fire District for $2,500.00.
The Mayor put the question and the Clerk called the roll with the following results:
Ayes: Alderman Hansen, Schubert, Volt', Tures, Schallawitz, Jacobs, Behrel, Harm,
,Ruck, Prickett, Blume, Davis and McKay. Nays: Alderman Dahl. The Mayor thereupon
declared the motion carried. Alderman Davis then reported he had received information
the contract was not correct. Alderman Schubert then made the motion to reconsider
which was seconded by Auck which was voted upon by acclamation and the Mayor referred
the contract back to the Fire Commission.
1
1
On motion by Alderman Davis and second by Schubert the Clerk was instructed
to notify the Fire and Police Commissioners to appoint two firemen from the elegibility
list.
City Attorney Howard explained the proceedure for a referendum for fire
station.
The Clerk was instructed to check with Mr. Lauer regarding liability
insurance for Schwabauer building which City is purchasing for parking lot.
APPROVAL OF BILLS. Alderman Behrel presented the resolution of bills:
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DES PLAINES THAT THE FOLLOWING BILLS
ARE DUE AND PAYABLE AND THAT TIE MAYOR AND
CITY CLERK BE AND HEREBY AUTHORIZED TO
MAKE PAYMENT FOR SAME.
(A schedule of bills was placed before each Alderman and affixed to resolution and
on file with the City Clerk.) The motion was then made by Alderman Behrel and
seconded by Prickett to adopt the resolution. The Mayor put the question and the
Clerk called the roll with the following result: Ayes: Alderman Hansen, Schubert,
Wolf, Tures, Schallawitz, Jacobs, Behrel, Harm, Auck, Prickett, Dahl, Blume, Davis
and McKay. Nays: None. The Mayor declared the motion carried with a bill from
Des Plaines Insurance Brokers Association for $105.24 removed.
OPEN BIDS•ON GARBAGE TRUCKS. On motion by Alderman Jacobs and seconded
by Behrel the Clerk was instructed to open the bids for garbage trucks. Bids were
received from twelve companies which the Mayor referred to the Sanitation, Finance,
and Public Buildings Committee's to report at next meeting.
The Clerk read a letter from the Chicago and Northwestern Railway Company
that they have given instruction for no more manure cars to be on Miner Street side
track.
The Clerk read a letter from Division of Highways approving additional
$6,000.00 for Street lights.
Adopt Air Conditioning Ordinance. The Clerk read for Second reading the
Air Conditioning Ordinance. The motion vas made by Alderman Prickett and seconded
by Auck to adopt the ordinance. After discussion the Mayor pitt the question and the
166 8/2/54
Clerk called the roll with the following result: Ayes: Al
Tures, Schallawitz, Jacobs, Behrel, Harm, Auck, Prickett, D
IMcKay. Nays: Alderman Wolf. The Mayor declared the motio!
erman Hansen, Schubert,
hl, Blume, Davis and
carried.
Attorney Howard opinion on validity of Garbage Ordinance. The Clerk read
the following letter:
August 2, 1954
Honorable Mayor and City Council,
City of Des Plaines
Des Plaines, Illinois
Gentlemen:
I have been requested to give a legal opinion on the validity of the
recent Ordinance providing for the imposition of fees for the collection of
garbage and rubbish.
Like many municipal legal problems, this is one that has no clear-
cut answer. The collection and disposal of garbage and rubbish is clearly a
job for which cities not only have authority to provide but robably an
absolute duty. It would be one of the foremost functions ofany city government.
In section 23-17 of the Cities and,Villages Act, ,ve are given
authority among other things, to regulate the depositing of ashes and garbage
in streets and alleys. Under Section 40/1 of the Cities and Villages Act, we are
authorizedto provide a garbage collection and disposal system and to levy a
tax in an annualappropriation ordinance and did not contemp}1ate, at the time
it was enacted, the levy of a regular fee or charge per montjj�l or per year.
It seems reasonably clear, however, that the Stat tes contemplate
the need of garbage collection and disposal and by implicate n rather than
by specific authority, our ordinance imposing monthly fees o- charges might be
considered valid.
The 1953 legislature enacted a new amendment whici is inserted under
Statute as Section 23-37.1, which clearly contemplates a fee or charge of the
type we have provided for the collection of rubbish on a conjractual basis
with residents. This amendment is limited, however, to rubb .sh and does not
use the term "garbage" or any analogous term.
In one of the recent issues of the Municipal Leag'e Magazine, I
notice that Mr. Matthews, attorney for the Municipal League, indicated that
in his opinion this amendment would not cover charges for ga bage collection.
Certainly, Nowhere in the Statues or Cases is thele either express
authority for our kind of ordinance, nor is there express authority to the
contrary. In the last analysis, it will probably take a Co 't decision
construing this or a similar ordinance before the answer can be given
clearly one way or the other.
In my opinion, because the law clearly contemplates that we make
adequate provision for the collection and disposal of garbage and rubbish and
because this ordinance certainly provides a practicable and 'dequate manner of
doing so, without imposing any unreasonable financial burden on anyone, and
because there is no authority in the Statutes or Cases to.th contrary, we
have an excellent chance of upholding the validity of the or inance in the
event of any attack upon it. Because, however, of the lack f express
authority, I could not guarantee that it would be held valid.
MSH -mm
Respectfully submitted,
/s/ Marshall S. Howard
Marshall S. Howard,
City Attorney
There was a long discussion on the ordinance and on motion by Alderman Dahl
which was seconded by Davis the items of Commercial pickup and tax levy was
referred to the Sanitation Committee.
SIDECIALK ORDINANCE. The Clerk read for second reading the sidewalk
ordinance but it was referred back to the Street Committee.
8/2/54
Alderman McKay requested information regarding sidewalks Golf - Wolf
Roads underpass to new Cumberland School. Engineer Fletcher reported he had
contacted State Highway Department iiiiiEMEMILIXEMECSXXXXXXXPOWOMPIEMIM
and had requested a letter if any help would be received from them. He. said he
would teport back next meeting. The Mayor then referred the sidewalk item to
the Street Committee and patrolmen to the Police Committee at that section.
On request of Alderman Dahl the auto speeding on Des Plaines Avenue
between Howard and Touhy Avenue was referred to the Police Committee.
Alderman Jacobs requested taxicab speeding be referred to the Police
Committee.
The Mayor referred the Tavern closing time on Friday night to the
License Committee.
167
Alderman William Jacobs II Resignation. Alderman Jacobs informed the
Council he had moved out of Ward Three so he was tendering his resignation. Remarks
'of appreciation were made by Alderman Jacobs and the Mayor.
FIRST READING ORDINANCE ON NEN FIRE STATION. The Clerk read for first
LCD reading the following ordinance:
CD AN ORDINANCE PROVIDING FOR THE PURCHASE
OF A SITE AND CONSTRUCTION OF A BUILDING
FOR A SOUTH SIDE FIRE STATION IN THE CITY
04-4
Q OF DES PLAINES AND PROVIDING FOR THE
ISSUANCE OF BONDS FOR THE PURPOSE OF PAY4
ING THE COST THEREOF.
The Clerk was instructed to place the Ordinance on file for public inspection
for seven day.
1
1
FIRST READING GARLAND REZONING ORDINANCE. The Clerk read for first
reading the Garland rezoning ordinance Lot 17, Garland Division.
Adopt $2.00 Water Service Charge Ordinance. The Clerk read for first
reading the Water Service charge for deliquent bills. The motion was made by
Alderman Tures and seconded by Prickett to suspend, the rules and adopt the
ordinance. The Mayor put the question and the Clerk called the roll with the
following result: Ayes: Alderman Hansen, Schubert, Wolf, Tures, Schallawitz,
Behrel, Harm, Auck, Prickett, Dahl, Blume, Davis and McKay. Nays: None. The
Mayor declared the motion carried. The motion was then made by Alderman Auck and seconded
by Tures to adopt the ordinance. The Payor put the question and the Clerk called
the roll with the following result: Ayes: Alderman Hansen, Schubert and Dahl.
Nays: Alderman Wolf, Tures, Schallawitz, Behrel, Harm, Auck, Prickett, Blume,
Davis and McKay. The Mayor declared the motion lost. The attorney is to make a
correction in ordinance and the Council will then vote to reconsider the ordinance.
The Clerk read a letter and resolution from the Board of Directors of
the Des Plaines Chamber of Commerce objecting to the annexation of the land on
Rand Road southeast of Dempster Street or any other property. The Mayor ordered
them placed on file.
RESOLUTION TRAFFIC LIGHTS TOUHY AVENUE & RIVER ROAD DIVISION OF HIGI..`WAYS.
The Clerk read a letter and resolution from the District Engineer, Division of
Highways regarding traffic lights to be installed.at Touhy Avenue and River Road.
On motion by Alderman Dahl and second by Hansen the Council adopted the resolution.
PETITION - ONE-WAY ON MASON LANE. The Clerk read a petition of property
owners on Mason Lane requesting making Mason Lane one-way north from Busse Road.
The Mayor referred the petition to Traffic Committee. ,
The Clerk Read a letter from Des Plaines Art Guild requesting
permission to use the grounds around Library for an out of doors exhibit. The
Mayor referred the petition to the Building and Grounds Committee.
APPROVE PETERSON SUBDIVISION NO.2..
The Clerk presented a plat of Peterson Subdivision No. 2 which was approved by the
Plan Commission. The Mayor called a recess. After reconvening on motion by
Alderman Dahl and second by Prickett the Council approved the plat.
168 8/2/54
The Clerk read a letter from Attorney Howard rearding the Carebuilt
Corporation Case in which there was a request for a check for 200,: