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04/01/1957470 3-25-57 RESOLUTION REGARDING CHICAGO AND NORTHWESTERN RAILWAY CROSSING. The Clerk read a resolution about the City filing a petition with the IllinoislCommerce Commission regarding Chicago and Northwestern Railway crossing at station. The motion was made by Alderman Prickett and seconded by Bell to adopt same. After discussion, the motion was changed to defer the resolution for next meeting, which was voted upon by acclamation. PARKING FINE FOR VIOLATION. The Clerk reported that Arlington Heights averages 50.00 per week on fines for meter overtime violations. They have 20 boxes attached to posts where fine is placed in envelope. The Clerk is objecting to the Police Court form which must be signed three times beside the signature on card notice. The Mayor pri'ttemdreferred same to the Parking Meter and Judiciary Committee. Alderman Behrel reported the Finance Committee had investigated the letter from Lommen Eley regarding the sum of $500.00 to be paid the Water',Commission and recom- mend that the sum of $500.00 be approved as the City of Des Plaines share for preliminary expenses of the Des Plaines, Mount Prospect, Arlington Heights and Palatine Water Commission, and check be sent to Earl R. Wernicke, Treasurer of the Commission. The motion was made by Alderman Behrel and seconded by Bell to concur in the report. The Mayor pro tem put the question and the Clerk called the roll. Ayes: Alderman Wolf, Neff, Wexler, Martin, Behrel, Prickett,INelsen, Bell, McKay, Schubert and Dunlap. Nays: None. The motion was declared carried., Alderman Wolf requested that the item of changing barbage collection fee to 50 cents and to place it back on.tax levy should be referred to City Attorney for an ordinance. TWO BUILDINGS TO BE CONDEMNED. Alderman Prickett reported he had received photos of two old buildings which are a hazard and that the City Attorney give the Fire Chief information regarding the demolishing of these buildings. On, motion by Alderman Prickett and second by Bell the Attorney is to be so instructed. ADJOURNMENT. The motion was made by Alderman Wolf and seconded by Schubert to adjourn. The motion was voted upon by acclamation. c . J. Henrich ty Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS HELD IN THE COUNCIL ROOM, CITY HALL APRIL Z. 1957 at 8:00 P.M. CALL TO ORDER. Due to the absence of the Mayor and City Clerk, the meeting was called to order by the Deputy Clerk with Alderman Wolf, Neff, Wexler, Martin, Prickett, Tistle, Nelsen, Bell, McKay, Davis, Schubert and Dunlap responding to roll call. Alderman Tures and Behrel were absent. The motion was made by Aderman Wexler and seconded by Neff to appoint Alderman Samuel McKay pro tem. The motion was voted upon by acclamation and was carried. LOWERING PUMP ON WELL # 4 BIDS DUE MAY 6. 1957. City. Engineer Fletcher reauested permission to proceed with the lowering of the pump on Well #4. On a motion by Alderman Schubert and seconded by Tistle to authorize a $1,500. expenditure for same but during the discussion Alderman Schubert and Tistle withdrew their motion in favor of bids. On a motion by Alderman Schubert and second by Tistle the City Engineer is to draw specifications for bids returnable May 6, 1957. 'The motion was voted upon by acclamation and the Mayor pro tem declared the motion carried. APPROVAL OF MINUTES. The motion was made by Alderman Wolf and seconded by Dunlap to approve the minutes of March 18, 1957. The motion was voted upon by acclamation and the Mayor pro tem declared the motion carried. Alderman Behrel arrived at this time. OFFICIAL REPORTS. The Deputy Clerk submitted the Building Commissioners report. 4/1/57 471 Alderman Schubert read a letter from E. R. Carlton regarding the 25' setback line. on a 37' lot at Pin Street and Everett Street, which was referred to the Building Control and Inspection Committee. Alderman Schubert's report on parks for new subdivisions was concurred in. On a motion by Alderman Schubert and'second by Dunlap a committee meeting of the council as a whole was called for Monday, April 8, 1957 to discuss several pending matters. The motion was voted upon by acclamation and was carried. Alderman Schubert read the report of the Municipal Development Committee recommending denial of approval of proposed subdivision at Linden Street and Prospect Avenue to refer to the Street Committee and the City Attorney to see if the extension of Linden Street be accomplished. AWARD FIRE HOSE BIDS TO GREAT LAKES FIRE EQUIPMENT COMPANY. On a motion by Alderman Prickett and second by Wolf the Deputy Clerk opened the bids for 2-" and 1." fire hose. On a motion by Alderman Prickett and second by Bell to accept the Great Lakes Fire Equipment Company bid for 1,300 feet of 2i" fire hose for $2,600. and 250 feet of lj-" for $337.50. The Mayor pro tem put the question and the Deputy Clerk called the roll with the following results: Ayes: Alderman Wolf, Neff, Martin, Behrel, Prickett, Tistle, Nelsen, Bell, McKay, Davis, Schubert and Dunlap Nays: None. The Mayor pro tem declared the motion carried. Alderman Wexler who had left the room, voted "Aye" upon his return. On a motion by Alderman Bell and second by Wolf to have only one side parking on Everett Street between Mannheim Road and Lee Street and also to make this portion one way from east to west be referred to the Traffic Commission. Alderman Bell reported on the widening of the northwest corners of Center Street at Oakton Street and Second Avenue at Prairie,Avenue for additional space for loading and unloading buses. On a motion by Alderman Bell and second by Wolf the report was concurred in. Alderman Bell read a letter from the Highway Department regarding proposed resurfacing of Des Plaines River Road from Northwest Highway to Brown Street requesting the City Council pass an ordinance prohibiting parking on same. On a motion by Alderman Bell and second by Martin the letter was referred to the City attorney for recommendation. The motion by Alderman Bell and second by Martin to petition the State for permission to use Motor Fuel Tax funds for paving 285 feet of Fifth avenue from Golf Road north, was concurred in,# nd proper official be authorized to sign the resolution. On a motion by Alderman Bell and second by Martin the letters from Hannifin corporation and the Des Plaines Park District regarding sidewalk on Wolf was referred to the Safety Council for recommendation. ORCHARD PLACE PAVING. Alderman Bell presented petitions from Glen -Plaines area regarding paving of such streets which were referred to the Board of Local Improvements. AWARD BID FOR RESURFACING CHICAGO AND NORTHWESTERN RAILWAY PARKING LOT. After considerable discussionas to whether or not the resurfacing should be referred back to committee, the Deputy Clerk made available the contract with the Chicago and Northwestern Railway signed and duly executed, the Aldermen seemed to be satisfied to go ahead with the matter. On a motion by Alderman Wolf and second by Martin to accept the bid of Milburn Brothers, Mt. Prospect for $14,283.50 to expedite the resurfacing of the parking lot on Chicago and Northwestern Railway property, the money to be from the Parking Meter Surplus account. The Mayor pro tem put the question and the Deputy Clerk called the roll with the following results: Ayes: Alderman Wolf, Neff, Wexler, Martin, Behrel, Prickett, Tistle, Nelsen, Bell, McKay, Davis and Dunlap. Nays: Alderman 'Schubert;. The Mayor pro tem declared the motion carried. Alderman McKay read the following recommendation regarding the traffic condition on Golf Road in connection Cumberland School: Your Committee recommends that the Clerk write State Highway Department and request that signs "SCHOOL ZONE - 20 Miles Per Hour" be placed on -Golf Road in vicinity of Cumberland School. It is also recommended that the Police Department continue checking this area carefully and frequently in an effort to reduce traffic hazards. On a motion by Alderman McKay and second by Davis the report was concurred in and the Deputy Clerk was instructed to write to the State Highway Department regarding the signs. 472 4/1/57 Alderman McKay reported on the petition from residents of Pratt Avenue about the Pleasant Home Builders parking and damaging street, which was referred to the Street Committee for attenction and report. Alderman McKay requested the Police Department be alerted to inspect Pratt Avenue occasionally. REPORT ON CHICAGO AND NORTHWESTERN RAILWAY CROSSWALK. Alderman Wexler reported on the findings of the Special Committee as follows: A. The crosswalk is dangerous and congested. B. Commuters, shoppers, bus patrons including school children and taxicabs patrons make frequent use of the crosswalk, which provides insufficient'and inadequate safeguards to protect the safety of its many users. C. The maty trains passiag through or stopping in Des Plaines traffic in and about the station. continue to congest D. Users of the walk should have increased safety and convenience of passage. We, your committee, therefore recommend: A. That immediate steps be taken to alert the users of the crosswalk as follows: 1. Authorise the City Attorney or other personnel to communicate with the Chicago and Northwestern Railway and arrange for the immediate installation of a large caution or warning:'sign to be placed in or about the site of the crosswalk - to which the City Council concurred in. 2. Arrange for the immediate installation of a loud speaker system 'to Pe operated by the railroad employee assigned to the tower overlooking the crosswalk. This speaker system should be utilized to .warn crosswalk users of approaching trains - to which the City Council concurred in. B. That the City Council authorize the City Attorney to.file a complaint with the Illinois Commerce Commission naming the Chicago Northwestern Railroad as respondent, This complaint should seek a public hearing concerning the'inadequate pedestrian, cothmuter, and shoppers safeguards of the crosswalk. On a motion by Alderman Wexler and second by Prickett to•have the City Attorney file a complaint with the Illinois Commerce Commission against the Chicago and Northwestern Railway for public hearing. The Mayor pro tem put:the question and the Deputy Clerk called the roll with the following results:, Ayes: Alderman Wolf, Neff, Wexler, Martin, Behrel, Prickett, Tistle, Nelsen,• Bell, McKay, Davis, Schubert and Dunlap. Nays: None. The Mayor pro tem declared the motion carried. C. That the City Council authorize the City Attorney to immediately communicate with Mr. James Parker, Safety Engineer, Illinois Commerce Commission, Spring- field, Illinois, and request an engineering survey. of crosswalk conditions. This communication should also advise the Illinois Commerce Commission that a Complaint has been lodged against the Chicago Northwestern Railroad and should request that the results of the survey be made available for public hearing. On a motion by Alderman Wexler and second by Behrel the report was concurred in and referred to the Safety Council for their consideration and report on the feasibility of conducting a professional traffic engineering survey in the near future. The City Attorney reported on the installation of gates on the Street and Prospect Avenue. Soo Line at Oakton The City Attorney reported the titles for the library land have been acquired and are filed with the Library Board. QUIT CLAIM DEEDS ON LOTS 1. 2. &3 in BLOCK 3 IN IRA :'0 ''S ADDITION. On a motion by Alderman Behrel and second by Martin to approvequit-claim deeds on Lots 1, 2, & 3 in Block 3 in Ira Brown's Addition at $100.00 per lot. The Mayor pro tem put the question and the Deputy • Clerk 'called the roll with the following results: Ayes: Alderman Wolf, Neff, Wexler, Martin, Behrel, Prickett, Tistle, Nelsen, Bell, McKay, Davis, Schubert and Dunlap. Nays: None. The Mayor pro tem declared the motion carried. APPROVAL OF BILLS. Alderman Behrel presented the following resolution: BE IT RESOLVED BY THEiCITY COUNCIL OF THE CITY OF DES PLA.INES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND.THAT THE MAYOR AND Crt+v_CrT.Y.p>+; Ar_ TT, IMERE7 AUTHORIZED TO MATJ PAYMENT FOR SAME. 1• 1 1 4/1/57 4 7.2 Total $15,533.59. (A copy of resolution placed before each Alderman and on file . with the City Clerk). The motion was made by Alderman Behrel and second by Prickett to adopt the resolution. Alderman Nelsen requested the check for $23.25 for lot liability be held out. The Mayor pro tem put the question and the Deputy Clerk called the roll with the following results: :Ayes: Alderman Wolf, Neff, Wexler, Martin, Behrel, Prickett, Tistle, Nelsen, Bell, McKay, Davis, Schubert and Dunlap. Nays: None. The Mayor pro tem declared the motion carried ommitting the check for $23.25. BIDS ON TRAFFIC SIGNALS AT THACKER STREET AND LEE STREET. On a motion by Alderman Martin and second by Behrel the Deputy Clerk opened the traffic signal bids which read as follows: H & H Electric Company, River Grove, Illinois - $ 12,341.10 Knott-Mielly, Chicago, Illinois - 12,919.55 L & S Construction, Chicago, Illinois - 13,104.45 On a motion by Alderman Wolf and second by Prickett the bids were referred to the Street Committee. The City Attorney was instructed to draft an ordinance forbidding use of all flashing lights from 11 P.M. td 6 A.M.. #50.00 FEE FOR NON-RESIDENT BARKERS. On a motion by Alderman Neff and second by Schubert to insert $50.00 per year as fee in ordinance entitled: AN ORDINANCE REGULATING THE USE OF NON METERED PORTIONS OF CITY PARKING LOT NO. 2 LOCATED NORTH OF PRAIRIE AVENUE, WEST OF RIVER ROAD, SOUTH OF ELLINW00D AVENUE AND EAST OF PEARSON STREET. The motion was voted upon by acclamation and the Mayor pro tem declared the motion carried. On a motion by Alderman Neff and second by Wexler to adopt the ordinance. The Mayor pro tem put the question and the Deputy Clerk called the roll with the following results: Ayes: Alderman Neff, Wexler, Martin, Prickett, Tistle, Schubert and Dunlap. Nays: Alderman Wolf, Behrel, Nelsen, Bell, McKay and Davis. Not having sufficient number of affirmative votes to equal the majority of elected aldermen the Mayor pro tem ruled the motion lost. The City Attorney stated that he was not sure but thought the matter should be held in abeyance until the Mayor returned to the city as perhaps he was entitled to vote. On a motion by Alderman Wexler and second by Martin to appeal the decision of the chair, the Mayor pro tem put. the question and the Deputy Clerk called the roll with the following results: Ayes: Alderman Neff, Wexler, Martin, Behrel, Prickett,'Tistle, Nelsen, Bell, Davis, Schubert and Dunlap. Nays: Alderman Wolf and McKay. The Mayor pro tem declared the motion carried. On a motion by Alderman Behrel and second by Dunlap the City attorney was instructed to present a ruling on the action by the next council meeting. ADOPT ORDINANCE AMENDING ZONING ORDINANCE, The Deputy Clerk read for second reading the above ordinance. On a motion by Alderman Schubert and second by Behrel to adopt the ordinance for property lots in White Steel Car Addition ordinance. The Mayor pro tem put the question and the Deputy Clerk called the roll with the following results: Ayes: Alderman Wolf, Neff, Wexler, Martin, Behrel, Prickett, Tistle, Nelseh Bell, McKay, Davis, Schubert and Dunlap. Nays: None. The Mayor pro tem declared the motion carried. ADOPT ORDINANCE AMENDING ZONING ORDINANCE. The Deputy Clerk read' for second reading the above ordinance. On a motion by Alderman Schubert and second by Behrel to adopt the ordinance for rezoning west side of River Road between Stockton Street and Birchwood Avenue. The Mayor pro tem put the question and the Deputy Clerk called the roll with the following results: Ayes: Alderman Wolf, Neff, Wexler, Martin, Behrel, Prickett, Tistle, Nelsen, Bell, McKay, Davis, Schubert and Dunlap. Nays: None. The Mayor pro tem declared the motion carried. ADOPT REPEALING ANNEXATION ORDINANCE. The Deputy Clerk read for. second reading the above ordinance. On a motion by Alderman Schubert and second by Prickett to adopt the ordinance repealing ordinance of Lot 11, Block 4, Homeland Acres. The Mayor pro tem put the question and the Deputy Clerk called the roll with the following results: Ayes: Alderman Wolf, Neff, Wexler, Martin, Behrel, Prickett, Tistle, Nelsen, Bell, McKay, Davis, Schubert and Dunlap. Nays: None. The Mayor pro tem declared the motion carried. l 7 4 4/1/57 ADOPT NEXATION'ORDINANCE. The Deputy Clerk read for second reading the above ordinance. On a motion by Alderman Schubert and second by Prickett'to adopt the corrected ordinance annexing Lot 11, Block 4, Homeland Acres including Oakton Street. The Mayor pro tem putthe question and the Deputy Clerk called the roll with the following results: Ayes: Alderman Wolf, Neff, Wexler, Martin, Behrel, Prickett, Tistle, Nelsen, Bell, McKay, Davis, Schubert and Dunlap. ,Nays: None. The,Mayor pro tem declared the motion carried. REZONING OF PROPERTY SOUTH AND WEST OF GAS STATION AT SOUTHWEST CORNER OF MANNHEIM ROAD AND TOUHY AVENUE. The Mayor pro tem read the following report of the Zoning Board of Appeals: Your Zoning Board of Appeals advises as follows: 1. That due notice to the parties and to the public of this proceeding and of the Public Hearing held January 15, 1957 therein was given as required by law and that the Board has jurisdication of the subject matter and of the parties. 2. That no indication was furnished to the Zoning Board as to the Specific industrial activities whichi:were-contmmplated for. thearea. :. 3. That there is presently no industrial zoning either continguous to nor in the immediate vicinity of the property in question. 4. That there were three objectors. 5. That the eiridence presented was not convincing as to the desirability of granting the rezoning from "F -Farming" to "Industrial District I-2". Your Zoning Board of Appeals, acting as a Commission, having heard and considered the evidence and being fully informed in the premises, on a vote of none for.and four against the proposed amendment, - recommends to the Mayor and City Council that the proposed amendment to the Zoning Ordinance hereinbefore described, - BE DENIED. Respectfully submitted, ZONING BOARD OF APPEALS THE CITY OF DES PLAINES Fred K. Howe, Chairman Albert L. Gundelach,aec'y. Richard C. Esterquest. James J. Carroll George Eichner Alvah James Arthur King On a motion by Alderman Shubert and second by Wolf to refer the zoning Board of Appeals recommendation for denial to the Municipal Development Committee. QRDINANCE TO DISCONTINUE LEVY AND COLLECTION OF MONTHLY CHARGE FOR GARBAGE. FROM FAMILY UNITS * LOSTI The Deputy Clerk read for second readinglthe ordinance dis- continuing levy and collection of monthly charge for garbage from family units. On a motion by Alderman Wolf and second by Neff to adopt the above garbage ordinance. The Mayor pro tem put the question and the Deputy Clerk called the roll with the following results: Ayes: Alderman Wolf, Neff, Martin, Tistle, Davis, Nays: Alderman Wexler, Behrel, Prickett, Nelsen, Bell, McKay, Schubert and Dunlap. The Mayor pro tem declared the motion carried. On a motion by Alderman Schubert and second by Dunlap requesting the City attorney NOT to prepare any more garbage. fee ordinances without the direction of the City Council. The Mayor pro tem put'the queartion and the Deputy Clerk called the roll with the following results: Ayes: Alderman Weiler, Prickett,INelsen, Bell, McKay, Schubert and Dunlap. Nays: Alderman Wolf', Neff, Martin, Behrel, Tistle and Davis. The Mayor Pro tem declared the motion carried. 1 4/1/57 475 Alderman Martin presented ballots from the residents of Rose Avenue regarding making Rose Avenue a 1 -way or 2 -way street, which was referred to the Street and Traffic Committee. Alderman Prickett reported on a stray oat problem to be turned over to the License Committee. Alderman Behrel requested plans and specifications be drawn up by the City Engineer for the northwest corners of Center Street at Oakton Street and Second Avenue at Prairie Avenue for loading and unloading buses. Alderman Martin presented ballots from the near -by residents of Second &venue and Thacker Street favoring or opposing 4 -way stop at that corner which were referred to the Safety Council for consideration. ADJOURNMENT. The motion was made by Alderman Wolf and second by Behrel to adjourn the meeting of Monday, April 1, 1957. The motion was voted upon by acclamation. LeA- Gladys M. Buchholz Deputy Clerk REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN THE COUNCIL ROOM, APRIL 15, 1957, AT 8:00 P.M. CALL TO ORDER: The Mayor called the meeting to order and there being no quorum, on motion by Alderman McKay and second by Dunlap, the meeting was adjourned to Tuesday, April 23, 1957, at 8:00 P.M. F 4. Otto . J. Henrich C y Clerk ADJOURNED MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN THE COUNCIL ROOM, APRIL 23, 1957, AT 8:00 P.M. CALL TO ORDER. The Mayor called the meeting to order with Alderman Tures, Wolf, Neff, Wexler, Behrel, Prickett, Bell, McKay, Schubert and Dunlap responding to roll call. APPROVAL OF MINUTES. The motion was made by Alderman Wexler and seconded by Dunlap to approve the minutes of April 1 and adjourned meeting March 25, 1957. Alderman McKay requested that the ordinance for parking fee in No 1 Parking tot failed passage by ruling of City Attorney and Garbage Ordinance,also, on vote, was lost. The motion was then voted upon by acclamation with corrections made. OFFICIAL REPORTS. The Clerk submitted the reports of Clerk and Nurse and Welfare for March. Also Fire Chief Kolze's report for past three months. ATTORNEY ELEY'S REPORT. The Clerk read the following report: On Monday evening on a proposed ordinance the roll call showed 7 ayes and 6 nays. The Mayor was not present and upon being asked by the Mayor pro tem what the situation was, I stated that it was possible that the Mayor had the right to indicate his approval at a date later than the meeting date. I had no recollection of there being any law or cases to permit it but was afraid there might be. I did not wish to see such privilege taken from the Mayor if it existed. I have today checked the statutes and pertinent cases regarding the situation which arose Monday and found nothing except that the' Mayor has the right to vote in case of a tie and when one-half of the aldermen have voted aye. Absent any Court interpretation I feel that to "vote" requires the presence of the Mayor at the meeting and that the Mayor's vote must be cast immediately when it becomes apparent that exactly one-half of the aldermen have voted aye.