02/21/19551
2L
MINUTES OF THE REGULAR MEETING OF
THE CITY COUNCIL, DES PLAINES,
ILLINOIS, HELD IN TIT COUNCIL ROOM,
CITY HALL, FEBRUARY 21, 1955, AT
8:00 P.M.
CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer with Aldermen
Hansen, Schubert, Wolf, Tures, Schallawitz, Harm, Prickett, Blume and McKay responding
to roll call.
OFFICIAL REPORTS. The Clerk submitted the report of City Treasurer for January and the
annual report of City Engineer and Superintendent of Public Works.
ATTORNEY MARSHALL S. HOWARD LETTER ON SEPTIC TANKS. The Clerk read the following letter:
I have been asked to give you an opinion on whether or not we can prohibit the
use of septic tanks within the City of Des Plaines. In Section 23 - 70.1, the Cities
and Villages Act expressly gives to cities like Des Plaines the power:
"to prohibit the erection of building for habitation on any lot . . .within
the municipality unless a . . . street or way for public service facilities
improved with water mains and sanitary sewers is provided to serve said lot . ."
)sa
This statutory grant of power is unconditional and under its wording it is my
opinion that we have the power to prohibit any building unless sanitary sewers are
1
provided. There are not cases construing or interpreting this provision of the
statutes because it is comparatively recent. About the only basis for doubt which I
can see is that it applies to only municipalities within a radius of 30 miles of the
corporate limits of a municipality of more than 500,000 inhabitants. Sometimes
statutes of this kind have been held unconstitutional, as being discriminatory and
not applying generally throughout the State. I am inclined to believe, however, this
statute would be held constitutiohal. It follows, therefore, that we have the power
to enact an ordinance prohibiting the issuance of building permits where streets,
roadways, water and sewer facilities were not provided and to prohibit the use of
septic tanks. I do not believe that septic tanks would qualify for the system of
sanitary sewers required by the statute.
We do have in our present City Plan Ordinance a paragraph requiring every new
subdivision to have a complete system of sanitary sewers constructed so as to render
the same accessible to every lot within the subdivision. Under the authority of the
statute I believe that such an ordinance is valid. I believe we can even go further,
if we wish, and provide that no building permit be issued or building erected unless
water mains and sanitary sewers are available to the lot.
I am informed, however, that there are some sections of the City where there
are no sewers nearby to which a system of sanitary sewers might be connected even is
constructed within the subdivision. The statute does not therefore resolve the
practical problem of whether you wish to prohibit any further building whatsoever
in such areas. To require sanitary sewers in such areas means not only the sub-
divider or builder must construct sewers within the subdivision but must pay for the
construction of sewer mains to the lots from the nearest city sewer available. The
cost of such a requirement might very well result in a complete shut -down of any
further building in these areas.
Marshall S. Howard (Signed)
The Mayor ordered the letter placed on file.
The Mayor referred the public address system agreement of Telephone Comnany
to the Public Buildings Committee.
TO ADVERTISE FOR BIDS FOR RENTAL OR PURCHASE OF THREE POLICE AUTOS. On motion by
Alderman McKay and seconded by Prickett the Council approved to advertise for bids for
purchase or rental of three police autos. The bids to be in by March 7, 1955 meeting.
ADOPT RESOLUTION CONFIRMING SALE OF $850,000 WATER REVENUE BONDS. The motion was made
by Alderman Tures and seconded by Hfin that the resolution confirming sale of $850,000
Water Revenue Bonds, having been on4file for one week, be adopted. The Mayor put the
question and the Clerk called the roll with the following result: Ayes: Alderman
Hansen, Schubert, Wolf, Tures, Schallawitz, Harm, Prickett, Blume and McKay. Nays:
None. The Mayor declared the motion carried.
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2-21-55
BENJAMIN & LAND AGREEMENT AS FINANC IAL ADVISORS ON STORM SEWER PROJECT. Alderman
Blume informed the Council he had an agreement from Benjamin Lang as financial
advisors on storm sewer project. The motion was then made by Alderman Blume and
seconded by Schallawitz to place the agreement on file in the City Clerk's Office
for one week for public inspection. The motion was voted upon by acclamation and the
Mayor declared the motion carried.
U,773.5O REAL ESTATE SALE CONTRACT WITH WALTER PEW. The Clerk presented a Real
Estate Contract which is for the purchase of land to extend and widen Graceland Avenue
at First Avenue. On motion by Alderman Hansen and seconded by Schubert the Council
approved to place the contract in the City Clerk's Office for one week for public
inspection.
J. P. TUTHILL, DISTRICT ENGINEER LETTER. The Clerk read a letter from the District
Engineer, State Highways, replying to Clerk's letter to reroute Algonquin Road
outside the city. They d 11 not take any action until they receive a resolution
requested from the Mayor April 26, 1954. The Mayor referred the resolution to
Attorney Howard.
ADOPT REZONING ORDINANCE FROM RESIDENTIAL TO COMMERCIAL 25 W. GOLF ROAD. The Clerk
read for second reading the rezoning ordinance for 25 W. Golf Road. The motion was
made by Alderman Tures and seconded by Hansen toedopt the ordinance. The Mayor put
the question and the Clerk called the roll with the following result: Ayes:
Alderman Hansen, Schubert, Wolf, Tures, Schallawitz, Prickett iand Blume. Nays:
Alderman Harm and McKay. There being a seven vote the Mayor voted "aye". The
Mayor then declared the motion carried.
FIRST READING ANNEXATION ORDINANCE OF SALVATORE DIMUCCI OF LAND ON SOUTHWEST COR1`IFR
RAND AND MT. PROSPECT ROAD. The Clerk read for first reading ah ordinance annexing
certain land to City of Des Plaines. The Mayor ordered the ordinance placed on file
for second reading.
ZONING BOARD RECOMMEND TO REZONE G. W. PRASSAS PROPERTY TO CONI
The Clerk read ,the report of Zoning Board recommending the rez
the G. W. Prassas property on Rand Road southeast of Miner and
IRCIAL ON RhND ROAD.
ning to Commercial
Dempster Streets.
On motion by Alderman Prickett and seconded by Tures the Council concurred in the
report. The Clerk then read for first reading the rezoning ordinance of Prassas
property. The Mayor ordered the Clerk to place the ordinance qn file for second
reading.
ZONING BOARD RECOMMENDS TO REZONE LOTS 4 and 5 AT 643-7 ALGONQUIN ROAD TO COMMERCIAL.
The Clerk read the Zoning Board report recommending the rezoni g of lots 4 and 5 at
643-7 Algonquin Road from Residential to Commercial. On motioi by Alderman Hansen
and seconded by Tures the Council concurred in the report and Instructed the Attorney
to draft an ordinance.
ZONING BOARD RECOMMENDS TO REZONE TEE ILLINOIS TOOL WORKS PROP.RTY ON TIE NORTHEAST
CORNER OF OAKTON AND MT. PROSPECT ROAD. The Clerk read the rep rt of Zoning Board
recommending the rezoning of the Illinois Tool Works on the Northeast corner of
Oakton and Mt. Prospect Roads from residential to "1-2 Industrial District." On
motion by Alderman Prickett and seconded by Hansen the Council concurred in the report
and instructed the Attorney to draft an ordinance.
ZONING BOARD RECOMMENDS TO REZONE ILLINOIS - TOOL WORKS PROPERTY AT 195 ALGONQUIN ROAD.
The Clerk read the report of Zoning Board recommending the rezoning of the Illinois
Tool 'Works at 195 Algonquin Road from Residential to "1-2 Indu9trial District." On
motion by Alderman Tures and seconded by Prickett the Council concurred in the report
and instructed the Attorney to draft an ordinance.
ZONING BOARD RECOMMENDS TO REZONE THE H. KARNATZ PROPERTY ON SQUTHWEST CORNER WOLF AND
ALGONQUIN ROADS. The Clerk read the report of Zoning Board recommending to rezone the
Karnatz property on the southwest corner of Wolf and Algonquin Roads to Commercial.
The motion was made by Alderman Schubert and seconded•by Tures to concur in the report.
The Mayor put the question and the Clerk called the roll with the following result:
Ayes: Alderman Schubert, Tures, Prickett and Blume. Nays: Alderman Hansen, Wolf,
Schallawitz, Harm and McKay. The Mayor declared the motion lo9t. The Mayor had
informed the public when the Council had convened that there wgqre several important
items to be considered and that out of respect to the four Aldermen who were absent
that he would ask the Council not to act on these items but to adjourn to next Monday.
Due to the vote on the above item he informed the Council out- of respect to the four
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2-21-55
REZONING OF H. KARNATZ PROPERTY (Cont'd.)
Aldermen he thought they should vote to reconsider at the March 7, 1955 meeting.
PLAN COMMISSION LETTERS. The Clerk read the following letter before the vote was taken
on the Karnatz rezoning:
RE: PROPERTY AT S.W . C ORNFR OF WOLF AND
ALGONQUIN - - -BUTLER BROTHERS
Your Plan Commission, being vitally interested in the future development of Des
Plaines, particularly as to the usage of land relating to the proposed City Plan, here-
with files our opinion as to the application of Butler Brothers for annexation and
zoning to "commercial" the area located at the southwest corner of Wolf and Algonquin
Roads.
We realize the problems connected with schools and the advantage to the School
Board for having "industrial" or "commercial" use instead of "residential". We also
realize that it would be to the advantage to the City in the supplying of the various
services. In working on the City Plan, all of these things have been taken into
1.17 consideration and we have attempted to allot what we feel will be a balanced amount of
industry and commercial property.
Even though the Butler Brothers' request is for "commercial" and its use as such,
it would be to all appearances the same as any industrial plant; therefore, we must
place it into that classification.
In planning for the future growth of Des Plaines, we must also think of addition-
al residences and if we are to grow, we must definitely look to the north and west.
While the present time may not be deemed best for subdivision development, we are look-
ing to the future and not necessarily to the immediate use.
We have attempted to establish an industrial area that would not interfere with
residential development and in so doing, we have planned "buffer" zones using the rail-
road as such.
If we are to have a workable City Plan, all future requests or applications
should conform to the Plan and all land usage should be located in the areas so designa-
ted. If the land usage as shown on the proposed Plan is ignored, then all the time,
study and efforts in its connection have been without avail.
Your Plan Commission is opposed to Butler Brothers or any other applicant
locating "industrial" or "commercial" in what we have planned as "residential" or any
other use; therefore, we urge that the request of Butler Brothers, in the present pro-
posed location, be denied.
It is our request that you and the Municipal Development exert every possible
effort to have Butler Brothers locate themselves within the large area now shown on
the City Plan as "industrial" just west of the tracks.
DES PLAIDS PLAN COMMISSION
F. C. Knocke, Chairman (Signed)
W. T. Anderson, Secretary
P. R. Giardini ;;: ne,:)
H. k. Reeves
H. ?:1. Clement
E. F. LAURIN AND ASSOCIATES LETTER ON AUDIT. The Clerk read the following letter:
Dear Sirs:
In connection with submission of Audit Report covering all funds except Special
Assessment Funds, for the year 1954, we wish to offer additional comments and recom-
mendations as follows:
In general we found the records examined (except for Police Pension and Firemen's
Pension Funds) to have been well kept and in good order. We believe, however, that the
record keeping will be facilitated by use of machine accounting. This will permit
posting to appropriation accounts as a duplicate transaction in the preparation of
Disbursement Vouchers. Likewise, preparation of payroll checks will simultaneously
record data for payroll journal and employees' records.
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2-21-55
E.F. LAURIN & ASSOCIATES LETTER ON AUDIT. (C ont' d . )
With regard to the Police Pension Fund and Firemen's Pension Fund the Treasurer
should maintain a cash book and individual records of securities to show earnings
thereon, as well as a ledger to cover all accounts representi g each of these funds.
We found that there was carried for a period of approximately six months an average
balance of almost X10,000.00 before new securities were purch sed. Matured secur-
ities au well as matured interest coupons were found, as show in the Audit Report.
It is recommended that previously acquired equipment, a well as other physical
assets, be set up and normal depreciation applied. Applica;idn of depreciation is
not generally done in municipal accounting. - but we recoxnmenc it. It serves as a
check on the actual possession as well as a guide for insurance purposes. This is
recommended for all departments including the Water Department.
In general municipal operations are conducted on the "cash" basis - that is,
income and costs are recorded when received or paid. We believ.e however, that your
Water Department records should be maintained on the "accrual' method of accounting
whereby income is recorded when earned and costs when incurred. This procedure will
not involve any more work on the part of your office staff as the data is available.
If you will authorize this change, we will provide instructions.
Yours very tru]}y,
E. F. Laurin & Associates (Signed)
P.S. An additional recommendation - that pension fund securities be placed in a
safekeeping account at the bank, which will provide automatic Coupon cashing and
notice of maturities.
ADOPT WATER RATE AND DEPOSIT ORDINANCE. The Clerk read for second -reading the ordi-
nance on water rates and deposits for renters. Attorney Howard informed the Council
several amendments have been made in the past and there were nb changes being made
but combining them into one ordinance at the request of Mr. E. Benjamin due to sale
of bonds. He said it was an emergency. The motion was made by Alderman McKay and
seconded by Prickett to adopt the ordinance. The Mayor put thequestion and the
Clerk called the roll with the following result: Ayes: Aldermn Hansen, Schubert,
Wolf, Tures, Schallawitz, Harm, Prickett, Blume and McKay. Nays: None. The Mayor
declared the motion carried.
APPROVAL OF BILLS. Alderman Blume presented the following reso
ution:
BE IT RES4VED BY THF CITY COUNCIL
OF THE CIT OF DES PLAID'S THAT
THE FOLLOWNG BILLS ARE DUE AND
PAYABLE AND THAT THE MAYOR AND
CITY CLERK BE AID HEREBY AUTHOR=-`
IZED TO MA OJ PAPA ;NT FOR SAME.
(A schedule of bills placed before each Alderman and affixed t resolution and on
file with the City Clerk.) Total )13,408.85. The motion was made by Alderman Blume
and seconded by Hansen to adopt the resolution. Alderman Blum': requested the bill
of Associated Printers, $260.10, be taken out for investigation. The Mayor put the
question and the Clerk called the roll with the following resut: Ayes: Alderman
Hansen, Schubert, Wolf, Tures, Schallawitz, Harm, Prickett, Blprne and McKay. Nays:
None. The Payor declared the motion carried.
BILL AND GUSTUS AGREEMENT ON TRAFFIC CONTROLLER MAINTENANCE. T
Council he had an agreement from Bell and Gustus on Traffic Co
On motion by Alderman Hansen and seconded by Schubert the Coun
the agreement on file in City Clerk's office for public inspec
DES PLAINES POST NO. 2992 REQUEST TO HAVE CARNIVAL. The Clerk
Post No. 2992 V.F.W. to hold carnival on Northeast corner Oakt
from June 30 to July 4, 1955. The motion was made by Alderman
Schallawitz to grant the request. After discussion the motion
withdrawn and the Mayor referred the request to the Street Com
e Clerk informed the
troller Maintenance.
it approved to place
ion for one week.
ead a request from
n and Maple Streets
Wolf and seconded by
and second was
ittee.
APPROVE ASSOCIATED PRINTER'S BILL. The Clerk informed the Mayor he could explain
about the objection to the Printer's bill. After explanation he motion was made by
Alderman N:cKay and seconded by Blume to approve payment. of Asthociated Printer's bill.
The Mayor put the question and the Clerk called the roll with the following result:
Ayes: Alderman Hansen, Schubert, Wolf, Tures, Schallawitz, Harni, Prickett, Blume arxi
McKay. Nays: None. The Mayor declared the motion carried.
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2-21-55
ADJOURN TO MONDAY, MARCH 7, 1955 AT 8:00 P.E. The motion was made by Alderman
Schallawitz and seconded by Blume to adjourn to Monday, March 7, 1955, at 8:00 P.n.
" The motion was voted upon by acclamation and the Mayor declared the motion carried.
Otto W
City Clerk
Henrich
MINUTES OF THE A.DJCURNED MEFTILG
OF THF CITY COUN;;CIL HELD IN
COUNCIL ROOT, CITY HALL, DES
PLAINE S, ILLINOIS, MONDAY,
FEBRUARY 28, 1955, AT 8:00 P.M.
CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer who presided
with Alderman Hansen, Schubert, Wolf, Tures, Schallawitz, Behrel, Harm, Auck, Prickett,
Dahl, Blume, Davis and YcKay responding to roll call.
Alderman Dahl reported the following on application of Illinois Tool Works
annexation: The Municipal Development Committee investigated and found the appliction
in order and that the Municipal Development Committee recommends (1) that the City
Attorney be authorized to draw up the annexation ordinance and (2) that a final vote
be delayed until the proper zoning ordinance has been prepared, zoning the area light
industrial. The report signed by all four members. On motion by Alderman Dahl and
seconded by Prickett the Council concurred in the report. A7derman Wolf voted no.
PLAT OF JORDANEK'S SUBDIVISION. Alderman Dahl reported the Municipal Development
Committee had investigated the Jorda.nek's Subdivision Plat and found the plat not in
accordance with Sect, 7; 13 of City Code requiring complete sanitary sewer system and
the plat not be approved. The report signed by all four members. On motion by
Alderman Dahl and seconded by Schallawitz the Council concurred in the report.
SOUND AND RECCRDING SYSTEM. The motion was made by Alderman Wolf and seconded by Auck
to approve the purchase of Executone sound and recording system and to place the
contract on file in City Clcrk's office the required seven days.for inspection. The
Mayor put the question and the Clerk called the roll with the following result: Ayes:
Alderman Hmnsen, Schubert, Wolf, Tures, Schallawitz, Behrel, Harp, Auck, Prickett,
Blume, Davis and McKay. Nays: Alderman Dahl. The Mayor declared the motion carried.
The motion was made by Alderman Wolf and seconded by Tures to purchase shades for
City Hall from Ace Store at a cost of X237.42. The Mayor put the question and the
Clerk called the roll with the Tollowing 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.
APPROVE EXECUTED CONTRACTS AND PERFORMANCE BONDS ON 050,000 WATER REV}•NUI: BOND IS;SUF:.
The motion was made by Alderman Tures and seconded by Behrel that the executed contracts
and performance bonds submitted by the following contractors be approved:
Wigert Construction Company
Softening Plant - Contract A. $ 140,227.00
r. 1r7. Bacharach
Contract B - Filter Equipment 62,500.00
Graver Water Conditioning Company
Contract C - Sect. 1,Softening Basis
Equipment 14,270.00
Y. P. Schnellrr & Associates
Contract C- Sect. 2, High Surface,
Pump 3,960.00
Bert C. Young 8: Sons
Additions to Water System 148,961.00
L. C. Neely
Well No. 4 33,130„00
Chicago Bridge & Iron Company
Elevated Tank 157,760.00