Loading...
03/21/19551 227 ADJOURNED IEETING OF TIE CITY CCLLC IL HELD Tic CCUIIOIL ROC.' CITY HALL,, .DF PLLI TLS, ILLINOIS, I' ARCH 14, 1955, AT 7:45 P.M. CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer with Alderne.n Hansen, Schubert, Wolf, Tures, Schallawitz, Harm, Auck, Prickett, Dahl., Blume, Davis and McKay responding to roll call. The meeting having adjourned to discuss the City -:aide storm relie sewer the Mayor had Yr. Edward Benjamin explain the forms of financing the project. The Mayor asked to be excused and on motion by Alderman Auck and seconded by Prickett the Council elected Alderman McKay Mayor pro tem. After discussion the motion was made by Alderman Dahl and seconded by Schubert that Mr. Benjamin present costs of a General Cbligation Bond and of a combined General Obligation and Sewer Revenue Bond issue. Mr. Benjamin informed the Council he had an agreement with the City for that purpose and that no motion was needed. The motion and second was then withdrawn. The motion was made by Alderman Hansen and seconded by Prickett to place the Bond issue referendum on the April 19, 1955 election. The Mayor pro tem put the question and the Clerk celled the roll with the following result: Ayes: Alderman Wolf and Davis. Nays: Alderman Hansen, Schubert, Tures, Schallawitz, CD Harm, Auck, Prickett, Dahl, Blume and McKay. The Mayor pro tem decla:led the motion lost. B cr BUTLER BROTHERS APPLICATIONSFOR ::ZONING ON WOLF AND CAKTON. The Clerk informed the e% Council he had three applications for rezoning on Wolf and Oakton Street. On motion by Alderman Dahl and seconded by Hansen th4 Council voted to refer the application to ths Zoning Board of Appeals sitting as a Commission to call a hearing. The motion was made by Alderman Prickett and seconded by Tures to reroute Algonquin Road, Route 62, to Oakton Street as an alternative if the State Highway Department would refuse the rerouting to Higgins Road. The motion was made by Alderman Dahl and seconded by Auck to table the motion until next Monday's meeting. MAINE LEASING CORPCRATICN AWARDED BID F0,. RENTAL FINE POLICE CARS. Alderman Auck explained the bid of Maine Leasing Corporation and then made the motion which was seconded by Alderman Schubert to award the bid to the Maine Leasing Corporation for rental of five police cars. The Mayor pro tem put the question and the Clerk called the roll with the following result: Ayes: Alderman Hansen, Schubert, Wolf, Tures, Schalla- witz, Harm, Auck, Prickett, Dahl, Blume, Davis and McKay. Nays: None. The Mayor pro tem declared the motion carried. 1 1 ADJOURNMENT. The motion was made by Alderman Tures and seconded by Schallawitz to adjourn. The motion was voted upon by acclamation and the Mayor pro tem declared the motion carried. A 9 Ott..ff. J. Henrich City Clerk MINUTES OF THF REGULAR MEETING OF THE CITY COUNCIL, DES PLA INE S, ILLINOIS, HE ID IN THE COUNCIL ROOM, MONDAY, MARCH 21, 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, Blutpe, Davis and McKay responding to roll call. APPROVAL OF MINUTES. The motion was made by Alderman Auck and seconded by Harm to approve the minutes of March 7 and adjourned meeting March 14, 1955. The motion was voted upon by acclamation and the Mayor declared the motion carried. OFFICIAL REPORTS. The Clerk submitted the report of City Treasurer for February. The motion was made by Alderman Auck and seconded by Behrel that the Mayor be authorized to sign the Maine Leasing Corporation contract for lease of five cars, the contract having been on file seven days in City Clerk's office. 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. 228 3-21-55 The motion was made by Alderman McKay and seconded by Tux s to place the contract for water extension with Sisters of Nazareth on file seven dars in the City Clerk's office. The motion was voted upon by acclamation and the May r declared the motion carried. APPROVAL OF BILLS. Alderman Behrel presentedthe following resolution: BE ITSOLVED BY THE CITY C OUNC I OF THE C 1Y OF DES PLAINS THAT TT TOUCHING BILLS RE DUE AED PAYABLE AND THLT THE MAYOR AND C TTY CIERK BE AND HEREBY AUTHOR- IZED TO MAKE PAYIT,ET FOR SAME. (A schedule of bills placed before each Alderman and affixed o resolution and on file with City Clerk.) Total 6,7,098.59. The motion was made by Alderman Behrel and seconded by Auck to adopt the resolution. The Mayor put the uestion and the Clerk called the roll with the following result: Ayes: Alderman Hanson, Schubert, Wolf, Tures, Schallawitz, Behrel, Harm, Auck, Prickett, Dahl, Blume, DaviS and McKay. Nays: None. The Mayor declared the motion carried. HERZCG REZONING GOLF -WOLF AND SEEGER'S ROADS TO RESIDENTIAL DISTRICT B APPROVED. The Clerk read the report of Zoning Board recommending the rezonin to residential District B the northeast section of corner at Golf -Wolf and Se ger's Roads. On motion by Alderman B huge and seconded by Behrel the Council co curred in the recom- mendation and the City Attorney was to be instructed to draft n ordinance. FIFRZOG REZONING OF TR? CORNER OF GOLFgWOLF AND SEEGER'S ROADS 0 COI`IERCIAL REJECTED BY ZONING BOARD. The Clerk read the recommendation regarding r zoning to Commercial the corner of Golf -Wolf and Seeger's Roads which was rejected y Zoning Board. The motion was made by Alderman Dahl and seconded by Schubert to r fer to the Council as a Committee of the Whole. The Mayor put the question and the lerk called the roll with the following result: Ayes: Alderman Hansen, Schubert, Wblf, Schallawitz, Behrel, Harm, Auck, Prickett, Dahl, Blume, Davis. Nays: Alderman Tures and McKay. The Mayor declared the motion carried. ADOPT ORDINANCE ON ANNEXED AREAJE DISTRICT A. The Clerk read f second reading the following ordinance entitled: AN ORDINANCE WENDING THE ZONING ORDINANCE OF MARCH 2, 1953, OF THE CITY CF DES PLAINES, ILLINOIS, RELATIVE TO CLASSIFYING CERTAIN AREAS AS "RESIDENCT, AREA DISTRICT "A". The motion was made by Alderman McKay and seconded by Schubert to 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, HI rm,Auck,Prickett, Dah1,Bluie,Davis and McKay. Nays: None. The Mayor declared th motion carried. ADOPT ORDINANCE INCREASING EFT FOR BUILDINU PERMIT. The Clerk read for second read- ing the ordinance to increase building permit fees to $7.50 per' 1.,000.00. The motion was made by Alderman Dahl and seconded by Prickett to adopt the ordinance. The Mayor put the question and the Clerk called the roll w ith the followingzesult: Ayes: Alderman Hansen, Schubert, Wolf, Tures, Behrel, Harm, AucPrickett, Dahl, Davis and McKay. Nays: Alderman Schallawitz and Blume. The IA or declared the motion carried. SEPTIC TANK ORDINANCE DEFERRED TO APRIL_, 1955. The Clerk read the ordinance prohibiting septic tanks. On motion by Alderman Tures the ordinance was deferred to April 4, 1955 meeting and r as a Committee of the Whole. for second reading ahl and seconded by ferred to Council AGRtEA'NT FOR PURCHASE OF LAND FOR WATER TANK. The Clerk inform d the Council he had the agreement for purchase of land for water tank, $6,000. The motion w as made by Alderman Dahl and seconded by Tures to place the agreement on file seven days in City Clerk's office for inspection. The Iayor put the question and the Clerk called the roll with the following result: Ayes; Alderman Hansen,Schijbert,l•Io1f,TuLes, Schallawitz,Behrel,Harm,Auck,Prickett,Dahl, Blume, Davis and I•Icay. Nays: None. The Mayor declared the motion carried. 229 3-21-55 PLAN COWISSION IETIER. The Clerk read a letter from the Plan Commission that Yr. Chamales would give each Alderman a print of the proposed City Plan and suggested that the Council meet with the Plan Commission March 28, 1955 to setcle controver- sial points in order that the Plan can progress to its adoption. The Clerk was instructed to write to Mr. Dooley inviting the Real Estate Brokers to the meeting March 28. LETTER REGARDING MAYOR'S DECISION OId COUNCIL VOTE. The Clerk read the following letter: On February 28, 1955, the City Council of the City of Des Plaines considered the Dimucci petition and ordinance for annexation of certain acreage to the City of Des Plaines. The vote on the ordinance was 9 ayes and 4 noes. On March 7, 1955, the Council had before it the Loewenburg and Lowenburg petition and ordinance for annexation. The vote on this ordinance was also 9 ayes and 4 noes. ILO In both these instances the Yayor declared the ordinance had passed, even though both had failed to receive a vote equal to two-thirds of the number of corporate m authorities, a definite minimum currently required by State statute. In support of his ruling the Mayor has used 14 as the number of corporate authorities, (13 alder- men plus the Mayor). He has stated, and rightly, that 9 1/3 is 2/3 of 14. The Mayor decided, that lacking any court decision to the contrary, he could disregard the fractional requirement. We, the undersigned aldermen representing the minority votes in both these cases, feel the Mayor has erred in his decisions, that he has deprived us of the full effect of our vote as determined by State statute, by disregarding the r.inimum set by that statute. In support of our contention, we cite a case involving an alley or street vacation, - Rollo V. Pool, 280 I11. 607, 609 (1917); Rehearing denied December 6,1917: "The record of the attempted vacation on February 1, 1897, was offered in in evidence, with a stipulation that there were six aldermen at the time... the record showed four aldermen voting for the vacation. The statute provides that no City Council shall have power to vacate or close any street or alley, or any portion of same, except upon a three-fourths majority of all the aldermen of the city authorized by law to be elected, and such note must be taken by ayes and noes, and entered on the record, and there was therefore no vacation of the alley." In this particular case 3/4 of 6 equalled 4 1/2. The Court held that 4 notes was not enough. We feel the principle involved transcends the importance of our two annexation cases, and that both these annetation cases should be brought before an appropriate Court in a friendly action for review and decision. R. G. Wolf (Signed) S. F. McKay (Signed) 1-I. C. Harm (Signed) E. E. Schallawitz (Signed) The Mayor ordered the letter placed on file. The Clerk informed the Council he had received three audit reports of Motor Fuel Tax Funds beginning January 1, 1952 and ending December 31, 1954, and they were on file in the Clerk's office. ALBERT J. KOHrFLDT TFTTER ON CITY DUMP. The Clerk informed the Council he had a three page letter from Mr. Kohfeldt regarding the dumping on the road at City Dump, also the condition of road. The Mayor informed the Council he would make Mr. Kohfeldt a special policeman. ROBERT M. JOHNSON LETTER APPLYING FOR TAXI -CAB LICENSE. The Clerk read a letter from a Mr. Iohnson applying for taxi -cab license. The letter was referred to the Li6ense Committee. 230 3-21-55 ST. STEPHEN'S CHURCH CARNIVAL. The Clerk read a letter from St. Stephen's Church requesting permitsion to hold a carnival on their parish grounds at Spruce and Everett Streets. The motion was made by Alderman Tures and s conded by Iiansen to grant the request. The Mayor put the question and the Clerk ailed the roll with the following result: Ayes: Alderman Hansen, Tures, Behrel, arm, Auck, Prickett, Dahl, Blume, Davis and McKay. Nays: Alderman Schubert, Wolf nd Schallawitz. The Mayor declared the motion carried. RESOLUTION NOTICE OF MUNICIPAL ELECTION. The Clerk read the following resolution' entitled: RE SOLUT IOM? DF S IGNAT ING POLLING PLACES, APPOINTING JUDGES AND CLERKS OF ELECTION, AND' DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF MUNICIPAL L IECT ION TO BF) HELD APRIL 19, 1955. The motion was made by Alderman Wolf and seconded by Behrel to adopt the resolution. The Mayor put the question and the Clerk called the roll with he following result: Ayes: Alderman Hansen, Schubert, Wolf, Tures, Schallawitz, Beh el, Harm, Auck, Prickett, Dahl, Blume, Davis and McKay. Nays: None. The Mayor declared the motion carried. TWO RESUBDIVISION PLATS REFERRED TO con= IL COO;TIITT F . On moti and seconded by Behrel the plats of Lonsinger and Sons, and Jo to Council as a Committee of the Whole, Monday, March 28, 1955. CITY AUDIT 1955. Alderman Behrel reported about agreement for X2,800. Alderman Wolf suggested that Mr. Laurin be contacted contract at 2,500 per year. On motion by Alderman Behrel and the agreement of Laurin and Associates for audit be placed on ALGONQUIN ROAD REROUTING. On motion by Alderman Prickett and s Council took off the table the rerouting of Algonquin Road. T made by Alderman Prickett and seconded by Tures to place Oakto alternative to Higgins Road.in the resolution to be sent to they Division of Highways. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Hansen, Shhubert, Tures, Schallawitz, Harm, Prickett. Nays: Alderman Wolf, Behrel, Auck, Dahl, Blume, Davis and McKay. The Mayor declared the motion lost. n by Alderman Dahl danek were referred the 1955 audit for bout a three year seconded by Prickett ile seven days. conded by Davis the e motion was then Street as an ADJOURNMENT. The motion was made by Alderman Tures and seconded by Schallawitz to adjourn. The motion was voted upon by acclamation and the Mayo declared the motion carried. Otto W. J1. City Clerk 1 1 1