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03/07/19552-28-55 ADOPT ZONING ORDINANCE ILLINOIS TOOL WORKS FROM RESIDENTIAL TO INDUSTRIAL DISTRICT 1-2, AT 195 ALGONQUIN ROAD. The Cletkroad for first reading the Illinois Tool Works zoning ordinance at 195 Algonquin Rd. The motion was made by Alderman Dahl and seconded by Auck 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 and the ordinance before the Council for adoption. The motion was made by Alderman Hansen and seconded by Tures to alopt 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. ADOPT ORDINANCE ANNEXING ILLINOIS TOOL WORKS PROPERTY ON OAKTON AND 1T .PROSPECT ROADS. The Clerk read for first reading the ordinance to annex Illinois Tool Works property. The motion was made by Alderman Hansen and seconded by Behrel 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, Tures, Schallawitz, Behrel, Harm, Auck, Prickett, Dahl, Blume, Davis' and McKay. Nays: Alderman Wolf. The Mayor declaredi�. tu,D the motion carried and ('the ordinance before the Council for adoption. The motion was 0 made by Alderman Hansen and seconded by Behrel to adopt the ordinance. The Mayor put m the question and the Clerk called the roll with the following result: Ayes: Alderman e4 Hansen, Schubert, Tures, Schallawitz, Behrel, Harm, Auck, Prickett, Dahl) Blume, Davis t and McKay. Nays: Alderman Wolf. The Mayor declared the motion carried. FIRST READING ZONING ORDINANCE 643 ALGONQUIN ROAD. The Clerk read for first reading the zoning ordinance for 643 Algonquin Road from Residential to Commercial two (2) lots. The Mayor, at the request of Alderman Dahl, referred the ordinance to the Municipal Development Committee. Alderman Dahl made the motion which was seconded by Blume to place }'r. Dimucci's $11,000.00 check in eucrow for three years. After discussion, on motion by Alderman McKay and seconded by Wolf, the check was tabled for further consideration. T-1FaITT L. WIi IDEMAA , 1690 HENRY AVENUE, APPOINTED BUILDING INSPECTOR. On motion by IIIAlderman Auck and seconded by Behrel the Council approved the Mayor's appointment of Merritt L. Weideman as Building Inspector. The appointment was on recommendation of the Building Control and Inspection Committee. ADJOURNMENT. The motion was made by Alderman Behrel and seconded by Schallawitz to adjourn. The motion was voted upon by acclamation and the Mayor declared the motion carried. 1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAIDS, ILLINOIS, HELD IN THE COUNCIL ROOM, MONDAY, MARCH 7, 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 McKay responding to roll call. APPROVAL OF I;INUTES. Alderman Dahl requested that the February 28th minutes show that the Dimucci $11,000 check and theaw1,600 check from Illinois Tool had. been received by the City. Alderman McKay requested a correction that there was roll call and all the Aldermen voted aye on approving the Benjamin & Lang storm sewer agreement. Alderman McKay requested minutes show he objected to the Mayor's opinion on vote of Dimucci annexation. On motion by Alderman Behrel and seconded by Prickett the Council approved the minutes of February 28, 1955 as corrected. Alderman Auck requested that the February 7th minutes be corrected to show that he and Alderman Prickett voted aye on approval of bills. On motion by Alderman Auck and seconded by Blume the Council approved the minutes of February 7, 1955 as corrected. On motion by Alderman Behrel and seconded by,Schubert the Council approved the minutes of February 21, 1955. 224 3-7-55 OFFICIAL REPORTS. The Clerk submitted the February reports of City Clerk and Building Commissioner. APPROVE EXECUTONF COMPANY SOUND AND RECORDING SYSTEM. The motio was made by Alderman Wolf and seconded by Harm that the recording system contract ha ing been on file seven days for inspection that the Mayor and City Clerk be authorized to execute same. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Hansen, Schubert, Wolf, Tures, Schallawitz, Behrel, Ha, Auck, Prickett, Blume, Davis and McKay. Nays: Alderman Dahl. The Mayor declar d the motion carried. APPROVE SIGN PERMIT AT 400 LEF STREET. Alderman Prickett reported about application for sign at 400 Lee Street. The motion w as made by Alderman Prickett and seconded by Hansen to grant the permit. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Hansen, Wolf, Tures, Behrel, Harm, Auck, Prickett, Dahl, Blume and Davis. Nays: Alderman Schubert, Scha.lawitz and McKay. The Mayor declared the motion.carried. CONTRACT WITH SISTERS OF NAZARETH FOR DUMPING SITE. Alderman McIay presented a contract with the Sisters of Nazareth for annual fee of $1,500 for dumpi privilege. The Mayor ordered the contract placed on file seven days for inspection i4 the City Clerk's office. OPEN BIDS FOR POLICE CARS. On motion by Alderman Tures and seconded by Behrel the Clerk was instructed to open bids for rental or purchase o± Police cars. Bids were received from Ladendord Motors, Westfield Motors, Collignon Nsh, Des Plaines Motor Sales, Maine Leasing Corporation and Holmes Motor Company. On motion by Alderman Blume and seconded by Prickett the Council referred the bids to the Police Committee. APPROVAL OF BILLS. Alderman Behrel presented the following resolution: BE TT RESCILVED BY1HE CITY COUNCIL OF THE CIZIY OF DES PLUNES THAT THE FOLLOE ING BILLS ARE DUE AND PAYABLE ALD THAT THE MAYOR AND CITY CLERK BE AND HEREBY AUTHOR- IZED TO MOE PAYMENT FOR SAME. (A schedule of bills placed before each Alderman and affixed to with City Clerk.) Total $22,029.14. The motion was made by Ald seconded by Tures to adopt the resolution. The Mayor put the qu called the roll with the following result: Ayes: Alderman Hanse Tures, Schallawitz, Behrel, Harm, Auck, Prickett, Dahl, Blume, D None. The Mayor declared the motion carried. resolution and on file ,rman Behrel and �stion and the Clerk i, Schubert, Wolf, avis and McKay. Nays: ADOPT ANNEXATION ORDINANCE OF SEEGER' S REAL ESTATE. The Clerk read for second reL,ding he Seeger's Annexation Ordinance. On motion by Alderman Dahl a d seconded by Auck to take the ordinance off the table. Alderman Dahl presented a bheck for $7,000 to the City Clerk to place in escrow. The motion was voted upon by acclamation. The motion was made by Alderman Dahl and seconded by Auck to adopt t e ordinance. The Mayor put the question and the Clerk called the roll with the fo lowing result: Ayes; Alderman Hansdn, Schubert, Tures, Behrel, Auck, Prickett, Dahl, lume and Davis. Nays: Alderman Wolf, Schallawitz, Harm and McKay. The Mayor declared the motion carried. Alderman McKay requested his objection to Mayor's opinion on vot be recorded in the minutes. The Mayor then read the following: At the last meeting, I indicated the annexation ordinance concerting certain property northwest of Des Plaines, which received.a vote of nine ayes andlfour nays, was duly adopted and I, as Mayor, have signed the ordinance. Some question has been raised as to the correctness formally express to you the reason for my decision. Artidle 7-6A, provides in part - of my decisi n and I wish to The State 1.w, Chapter 24, "A two-thirds vote of the corporate authorities is required to annex. The vote shall be by "ayes" and "noes" entered on the legislative records". In the case of Whitehead versus the Village of Lombar, 3 I11. 2d in the Supreme Court of Illinois on September 23, 1954, the fact 464. hick was decided were, as follows: 1 225 3-7-55 Mayor reading: (Contcd.) The Village of Lombard by law is governed by a Board of six Trustees and a Village President. An annexation ordinance was before the Village Board for considera- tion on September 2, 1952, at which time there were only five Village Trustees for the reason that there was:one vacancy on the Board caused by the previous resignation of a Trustee. The annexation ordinance was adopted,tbich received four votes in favor of the ordinance and two against, and in the Supreme Court the legality of the ordinance was challenged in that it had not received the required number of votes, and the Court, among other things said: "It is contended by the Appellants that under Section 7-6a of Chapter 24, the annexation ordinance required the approval of two-thirds of the elected corporate authorities; that although there was a vacancy on the Board caused by the resignation of one of the Trustees, the statute contemplates a two-thirds vote of a full Board; and that therefore, njthe City of Lombard, five and not four votes were required to validly enact the annexation ordinance. Appellants rely primarily upon the decision of this Goutin the case of McLean versus 0 the City of Fast St. Louis, 222 I11. 510. In that case the City Council of the City of 1D East St. Louis consisted of fourteen Aldermen; one, however, had resigned. A special assessment ordinance was offered and passed by a vote of seven in favor and five against and later approved by the Mayor. The ordinance was one requiring the simple majority of the City Council and the question before the Court was whether or not that meant a majority of the Council as it existed at that time, or whether it meant a majority of a full Council as originally elected. This Court held that it meant the latter and the fact that there was a vacancy on the Council did not change the requirement; that a majority of the full number eligible to be elected was required to pass the ordinance. 1 However, it will be noted that in that case that the statute provided that a "majority of all the members elected in the City Council shall be necessary to the passage of any such ordinance or proposition", whereas, in the case of anneYcation (Paragraph 7-5) it provides "A two-thirds vote of the corporate authorities is required to annex." The Village Board of Lombard, as elected, consisted of six Trustees and the Village President. One of the Trustees had resigned and at the time of this hearing, the vacancy was still unfilled. This left five Trustees and the President of the Board as the corporate authorities of the Village of Lombard. There being no limiting language as was apparent in the McLean case, the vote of four to two constituted a two-thirds vote of the "corporate authorities" as then existing, and a sufficient number of the corporate authorities to pass the annexation ordinance." In view of the Lombard case, all annexation ordinances effecting Des Plaines, require a two-thirds vote of fourteen so long as we have thirteen Aldermen. Two-thirds of fourteen equals nine and a third. There is no decision by a Court of Review on the question of what effect should be given to the fraction in such cases. There are many cases ruling that the law does not recognize "fractions of a day" so on that authority I must conclude that the law does not recognize a fraction of an Alder- man. Therefore, in view of the decision in the Lombard case and my personal deductions above stated, and in view of the fact that nine of thirteen Aldermen (our present full City Council) voted to adopt the ordinance in question, I find it most difficult to take any other position in the matter. Accofdingly, the ordinance annexing the area in question is legal until ruled otherwise by a Court. Respectfully submitted, Kenneth G. Meyer (Signed) The Mayor read the following letter: Dear Mayor Veyer: It had been my intention to be at the meeting tonight, but a personal problem has arisen which prevents me from attending. The purpose of my visit was to tell you, your officers, committeemen and the people of Des Plaines of our appreciation of their cooperation towards our Shakeproof Stamping Division in your community. I often reflect upon the good fortune of ;our decision to locate in Des Plaines, We, I am sure, will continue .to be good neighbors and citizens and will merit the continued support of the people. Sincerely, Harold Byron Smith. (Signed) 226 3-7-55 CITY CODE. Alderman Auck informed the Council the Special Committee on revising the City Code had completed five chapters. He suggested that the UJouncil adopt five or six chapters as they are completed. Attorney Howard was instructed to complete the five chapters for adoption. ALGONQUIN ROAD REROUTING PETITION. Alderman Prickett presented hundred signatures and a letter regarding rerouting Algonquin on motion by Alderman Prickett and seconded by Dahl the Attorn draft resolution rerouting to Iiiggins Road. a petition of eleven oad. After discussion y was instructed to LONSINGER AND SONS RESUBDIVISION PLAT. The Clerk informed the Council he had a plat approved by the Plan Commission of Lonsinger and Sons Subdivision. The Mayor referred the plat to the Yunicipal Development Comnittee. ADOPT ZONING ORDINANCE 643 ALGONQUIN ROAD. The Clerk read for second reading the Toning Ordinance for 643 Algonquin Road to change From Residential to Commercial lots 4 and 5. The motion was made by Alderman Dahl and seconded by Auck to adopt the ordinance. The Mayor put the question and the Clerk called the roll with the follow- ing 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. FIRST RF AD ING ORDINANCE NEWLY ANNEXED LAND TO BE RE S IDE T IA L. T reading an ordinance amending zoning ordinance newly annexed ar The Mayor ordered the ordinance placed on file for second:readi FIRST RE AD ING ORDINANCE PROHIBITING SEPTIC TANKS. The Clerk rea ordinance requiring sewerage system installation and prohibitin Mayor ordered the ordinance placed on file for second reading. e Clerk read for first a to be residential. g• for first reading an septic tanks. The FIRST READING ORDINANCE INCREASING BUILDING PERMITS. The Clerklead for first reading an ordinance increasing building permit fees to $7.50 per thousand. The Mayor ordered the ordinance placed on file for second reading. APPROVE RESOLUTION FOR PURCHASE OF LAND AT FIRST AND GRACE LAND AVENUES. The Real Estate Sale Contract having been on file in the City Clerk's office seven days for inspection the motion was made by Alderman Hansen and seconded by Schubert that the resolution authorizing the Mayor and Clerk to execute the contrct be adopted. The r.ayor put the question and the Clerk called the roll with the folowing result: Ayes: Alderman Hansen, Schubert, Wolf, Tures, Schallawitz, Behrel, Ha Auck, Prickett, Dahl, Blume, Davis and McKay. Nays: None. The Mayor declared the motion carried. ADJOURNMENT. On motion by Alderman Schubert and seconded by Auck to adjourn to Monday, March 14, 1955, at 7:30 P.M. the Council voted