10/28/1957546
10/28/57 - 1
MINUTES OF THE ADJOURNED MEETING OF
CITY COUNCIL, DES PLAINES, ILLINOIS
HELD IN THE COUNCIL ROOM, CITY HALL,
OCTOBER 28,,,_1957 _AT 8:00 P.M.
CALL TO ORDER: The meeting was called to order by Mayor Herbert H.
Behrel.with Alderman Neff, Wexler, Martin, Figard, Prickett, Tistle,
Nelsen, Beli, McKay, Callaghan, Rateike, Dunlap, Tures'and Wright
responding to roll call.
The Mayor informed the Council, after investigation of the vote on
Park Revenue Bond Ordinance, he would rule the Ordinance on the
first reading.
The Mayor reported he had received information that the Herzog
I'WAYCINDEN PARK SUBDIVISIONS plat had been recorded which had not
been approved by the City Council. The Mayor then asked for the
approval. of the appointment of Frank M. Opeka to have this record-
ing voided. Mr. Opeka had a similar case for Mt. Prospect. The
motion was made by Alderman Wexler and seconded bylPrickett to
approve the.appointment of Frank M. Opeka as approval of City
Attorney Dowd. The Mayor put the question on the previous motion
and the Clerk called the roll with the following results:
AYES: Aldermen Rateike, Dunlap, Wright, Tures, Neff,
Wexler, Martin, Figard, Prickett, Tistle, Bell,
Nelsen, McKay and Callaghan.
NAYS: None
The Mayor declared the motion carried.
An amending motion was made by Alderman Dunlap and seconded by
Callaghan that if Mr. Opeka did not accept the appointment on
approval of the Judiciary Committee and City. Attorney, the Mayor
could appoint some other attorney. The motion was voted upon by
acclamation. The Mayor put the question on the previous motion
and the Clerk called the roll .with the following results:
AYES: Aldermen, Rateike, Dunlap, Wright, Tistle, Neff,
Nelsen, Wexler, Martin, Figard, Prickett, Tures,
BelI, McKay and C'allaghah.
NAYS: None
The Mayor declared the motion carried. •
SEWER COSMI TTEE ON WELLFR CREEK.
Alderman McKay made the following report:
To Mayor and City Council - dated 10/28/57
RE: Flood Control Comhittee Meeting - 10/24/57
”'In attendance at this meeting on October 24th were:
Messrs. Behrel, Fletcher, Warnicke, Dowd, Dunlap,
Callaghan, McKay and Messrs. Chmelik, Black, Bliss
and Fairweather.
Mr. Fletcher mentioned sevetal difficulties in the
preliminary arrangements which hadn't been overcome
as yet, such as co-operation of Benjamin Electric
Company and the Ptb1ic Service Company, and the
probable necessity for acquiring certain easements.
However he had the drawings and specificationsLready,
and inasmuch as the Council had already authorized
advertising for bids, it was agreed this would be '
done at once, bids to be submitted by November 8th.
It was also agreed that the City Attorney would look
into the possibility of our causing the Weller Creek
Drainage District to be dissolved, or of Des Plaines
withdrawing from the District and setting up our own
District.' City Attorney also to investigat the pos-
sibility of having the Sanitary District assume con-
trol of the Creek." .
Signed: S. E. McKay, Chair an
Robert M. Dunlap ,
John D. Callaghan
(cont' d.)
10/28/57 - #2
SEWER COMMITTEE ON WELLER CREEK (cont'd.)
On motion by Alderman'McKay and seconded by Dunlap; the Council
concurred in the report.
SEDER COMMITTEE REPORT - HOWARD STREET
Alderman McKay made the following report:
To Mayor and City Council - dated 10/28/57
RE: Proposed Howard Street Sewer
n'The Sewer Committee held another meeting on this
subject evening of October 25th.
Present, representing the City: Messrs. Behrel,
Fletcher, Dowd,Wright, Dunlap, Bell, Tistle,
F igard and Mcay. Representing J. Emil.k.nderson
& Son, Inc., Messrs. Anderson and Brandell, and
representing Enjay Construction Company - Messrs.
Wagner and Ansell. This corporation and company
are interested in developing an industrial area
C) in the vicinity of Howard Street and Wolf Road,
ar; and of .course it is necessary that sewer facili-
tties be available.
A proposal for the construction of a sewer in
Howard Street was submitted in contract form by
Attorney .Ansell. .A number of changes were sug-
gested, and, the document will be rewritten and
ready for further consideration,:. this time by
the City Council, on October 28th."
SIGNED: S. E. McKay, Chairman
Walter Tistle
Reuel Figard
On Motion made by Alderman McKay and seconded by Tistle, the Council
concurred in the report
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FIRST READING OF ORDINANCE TO ENTER INTO A SEWER CONTRACT AGREEMENT
.The w.yor read the first reading of the above Ordinance and ordered
same placed on file for next meeting.
On motion made by .Alderman Martin and seconded by Wexler, the Park-
ing Meter Ordinance of 1948 was referred to the Parking Meter Com-
mittee and City Attorney to bring the Ordinance up-to-date.
Alderman Martin started a discussion on the RAILROAD PARKING be-
tween Graceland and Lee Streets. The Mayor referred the consid-
eration of the two parks for parking lots to the Traffic Commis-
sion and Plan Commission to report back at the November 4th meeting.
ADOPT a,2Q0,000.00 PARKING REVENUE BOND ORDINANCE
The motion was made by .Alderman Nelsen and seconded by Dunlap to
suspend the rules and place'on passage the Ordinance entitled
"AN ORDINANCE authorizing the issuance of
00,000 Parking Revenue Bonds, Series of
1957, of the City of Des Plaines, Cook
County, Illinois, to pray the cost of
improving and extending the motor vehicle
parking facilities of said City and pro-
viding for charging rates and fees for
the use of such parking facilities and
the collection, segregation and distrib-
ution of the revenues received therefrom."
The Mayor put the question and the Clerk called the roll with the
following results:
AYES: Aldermen Rateike, Dunlap, Wright, Tures, Wexler,
Martin, Figard, Prickett, Tistle, Nelsen, Bell,
McKay, Callaghan.
NAYS: Alderman Neff
The Mayor declared the motion carried.
(cont' d.)
547
548
10%428i57 - f3
PARKING REVENUE BOND (conttd.)
The motion was made by Alderman Nelsen and seconded by Prickett to
pass the Ordinance. The.Mayor put the: question and the Clerk called
the roll with the following results:
AYES: Aldermen Rateike, Dunlap, Wright, Tures, Wexler
Martin, Figard, Prickett, Tistle, Nelsen, Bell,
McKay, Callaghan.
NAYS: Alderman Neff
The Mayor declared the motion carried.
COMMITTEE ON CITY ENGINEER
The Mayor appointed the following to investigate the appointment of
a full-time City Engineer: Aldermen Neff, F igardl and Wright.
FIRST READING - ZONING ORDINANCE B. OC, 3 TRACT ;e DES PLAINES MA �R
The Clerk read, for first reading, the above Ordinance for land
north of Hollywood at Fourth Avenues to rezone to ',Residential
District nB"
FIRST READING - ZONING ORDINANCE - PROPERTY AT 915 GRACELAND.AVENUE
The Clerk read, for first reading, the above Ordinance.;
RETARDED CHILDREN LETTER
The Clerk read a letter from the Northwest Suburban Aid for the
Retarded to install twenty-five (25) coin boxes in the retail stores
in Des Plaines. On motion by Alderman Martin and seconded by Dunlap,
the request was granted.
The motion was made by Alderman McKay and seconded by Bell to refer
to the Zoning Board for rezoning to nCommercialn - the C&NW Railway
property on the south side of Cumberland Station. The motion and
second were withdrawn after Alderman Nelsen explained that if it
was rezoned, it would have an increased value than at present in
case the City would lease same for a parking lot.
At the request of Alderman Nelsen, the City Attorney is!to draft
a repealing Ordinance on Rule 24, Section 2.9.
LETTER FROM K. MEYER R� Mc ' :Y -NE IS vs ITY . D S '' PL'• INES
The Mayor read the following letter addressed to the City of Des
Plaines, Attention: Mayor H. Behrel, dated 10/23/57
iUUI represent the above captioned company who
recently applied to the Zoning Board of Appeals
for a variation whereby three residences could
be constructed on five 25 -foot lots. The resi-
dences to be built on lots, two of which have a:,
frontage of 42 -feet and one a frontage of 41 -ft.
The subdivision in which these lots are located
was recorded in 1895.
The Zoning Board of Appeals denied our request
for a variation, therefore, unless this matter
can be adjusted amicably, my clients will have
no other alternative but to file suit for de-
claratory judgments and I feel confident that
the present City Ordinance which requires all
lots having a frontage of 45 -feet is unconsti-
tutional and amounts to confiscation of my
clients! property without due process of law.
The purpose of this letter is to inquire whether
the Judiciary Committee could pass on this mat-
ter at its early convenience with the hope that
the Council would direct the Building Inspector
to issue building permits as requested by my
clients, and thus avoid the expense involved)
in litigation.
Your early attention to this matter will be
appreciated.rn
Signed: Kenneth G. M eyer
(contf d.)
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10/W57 -#4
NIC KAY-NEALIS (MEYER) - cont' d.
On motion by Alderman Martin and seconded by Rateike, this letter
was referred to the Judiciary Committee.
The Mayor requested the Clerk to have Engineer F letcher check
with Mr. Damgaard about landscaping the C&NW Parking Lot.
Alderman F igard reported the Junior Council would take their
oath of office on Saturday, November 1, 1957 at 1:00 P.M.
ADJOURNMENT:
The motion was made by .Alderman Tures and seconded by Figard to
adjourn. The motion was voted upon by acclamation.
to W. J. Henrich
OWJHIrh City Clerk
549
550
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