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05/21/1956MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN C OUNC IL ROOM, CITY HALL, MAY 21, 1256, AT 8:00 p.m. CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer with Alderman Nelsen, Bell, McKay, Davis, Schubert, Dunlap, Wolf, Neff, Wexler, Martin, Behrel, Prickett and Tistle responding to roll call. Alderman Tures was absent. APPROVAL OF MINUTES. The motion was made by Alderman McKay and seconded by Prickett to approve the minut4s of the adjourned meeting of April 23, regular meeting May 7 and adjourned meeting of May 14, 1956. Alderman McKay requested the following changes be made: Correction to minutes of adjourned meeting of April 23, 1956 - 3rd paragraph page 1 should read: ADOPT ORDINANCE INCREASING TAVERNS TO 14 AND LIQUOR STORES TO 7. Motion was made by Alderman Martin, seconded by Behrel, to suspend the rules. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, Bell, Dunlap, Tures, Wolf, Wexler, Martin, Behrel and Tistle. Nays: Alderman McKay, Schubert and Neff. Not having a sufficient number of votes to equal 2/3 of the number of elected aldermen, the motion was lost. The City Attorney stated as his opinion, it was not necessary to suspend the rules in order to vote on an ordinance in the same meeting in which it was introduced; that it could be placed on passage and adopted,lif 2/3 of the aldermen present voted for it. The Mayor concurred in this opinion. While not appealing from the ruling, Alderman McKay expressed his disagreement. Alderman Martin moved, seconded by Tures, that the ordinance be adopted. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, Bell, Schubert, Dunlap,Tures, Wolf, Wexler, Martin, Behrel and Tistle. Nays: Alderman McKay and Neff. The Mayor declared the motion carried. 7th paragraph page 2: With reference to application for sign on Oakton Street, the last sentence should read: The Mayor declared the motion carried (not lost). Correction to minut4s of regular meeting May 7, 1956. 1st paragraph Page 1: Approval of Minutes. In 2nd line the date should be April 9, not April 8. 3rd paragraph, page 1: With reference to request for correction of minutes of April 16th meeting regarding installing a prisoner's cell in basement of Municipal Building, the minutes should show the recommendation was approved and that the Mayor then referred the item to the Building and Grounds Committee to arrange for plans and specifications. 4th paragraph, page 1: Concerning request for change in minutes of April 16th on Library Committee Report. The only change desired and which still is not covered, is to show that the Committee report was approved. On motion by Alderman McKay and second by Neff the Council approved that the corrections be made. The motion to approve the: minutes as corrected was then approved by Council on acclamation vote. CAREBUILT SUBDIVISION PLAT APPROVED. Alderman Schubert reported the following on Care - built Plat: That the City Council has already approved the variation in lot sizes; that all the public improvements have been installed previously;Ithat;the subdivider agrees to install the sidewalks and trees; that the City Engineer has approved the improvements. We, your Committee on Municipal Development, therefore recommend: that the subdivision be approved as platted and that theNkyor and City Clerk be author- ized to sign the plat after the City Treasurer has signed the statement as to the Special Assessments; and the bond for the installation of sidewalks and trees in the amount of $3,000.00 has been presented. On motion by Alderman Schubert and second by Dunlap the Council concurred in the recommendation. 1 365 5-21-56 VACATE KENTON ROAD IN CUMBERLAND. Alderman Schubert reported that the street (Kenton Road) is only 147.83 feet long and is a dead end street; that the land on three sides is owned by the petition (Y.M.C.A.). The Committee recommends that the City Council grant the request to vacate the street. On motion by Alderman Schubert and second by Dunlap the Council concurred in the report and instructed the City Attorney to draft an ordinance. SEPTIC TANKS ORCHARD PLACE AREA. Alderman Schubert reported that the Municipal Devel- opment Committee investigated about septic tanks in Orchard Place Area and found that there does not seem to be any pressing need for providing an exception to our ordinance. We, your Committee on Municipal Developments recommend that the request for permits to erect houses with septic tank systems on lots less than 20,000 square feet be denied. On motion by Alderman Schubert and second by Dunlap the Council concurred in the report. COUNTY ZONING HEARING MAY 31,1956, AT 8:30 P.M. Alderman Schubert reported a County Zoning hearing on amusement park at Greenwood and Milwaukee Avenues, south of Golf Road, to be held May 31, 1956, at 8:30 P.M. Alderman Schubert reported he found a plat of Cardelli Construction Company's 10 Addition to Des Plaines on his desk and. did not knowtho placed it there. On motion by 117 Alderman Schubert and seconded by Wolf, the plat was referred to the Plan Commission. REPAIR LIBRARY ROOF. The motion was made by Alderman Davis and seconded by Nelsen to el have Reynold and Jemino repair Library roof for $500.00. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, Bell, McKay, Davis, Schubert, Dunlap, Wolf, Neff, Wexler, Martin, Behrel, Prickett and Tistle. Nays: None. The Mayor declared the motion carried. 1 1 DRIVEWAYS ELLINWOOD AND GRACELAND. On motion by Alderman Wolf and second by Tistle to alloy two driveways on Ellinwood and two driveways on Graceland for service station was approved by Council. SEPTIC TANK 1060 PROSPECT LANE APPROVED. On motion by Alderman Wolf and second by Tistle the Council approved the septic tank application at 1060 Prospect Vane. DRIVEWAY FOR JEWEL TEA, OAKTON STREET, APPROVED. On motion by Alderman Bell and second by Martin the Council approved driveway for Jewel Tea parking lot on Oakton Street. DRIVEWAY FOR PROCON (ILLINOIS TOOL COMPANY) ON MT. PROSPECT ROAD APPROVED. On motion by Alderman Bell and second by Neff the Council approved driveway for Procon on Mt. Prospect Road. WIDEN PROSPECT AVENUE. On motion by Alderman Bell and second by Tistle the Council approved to widen Prospect Avenue from Mannheim Road to I.ee Street with use of Motor Fuel Tax funds. WIDEN EVERETT STREET. On motion by Alderman Bell and second by Prickett the Council approved to widen Everett Street from White to Illinois Street with use of Motor Fuel Tax funds. TRAFFIC LIGHTS IEE AND THACKER STREETS. On motion by Alderman Bell and second by Pribkett the Council approved to have traffic lights installed at Lee and Thacker Streets with use of Motor Fuel Tax funds. ATTORNEY TO DRAFT ORDINANCE NO PARKING ON SCHOOL SIDE OF STREET. The motion was made by Alderman Wolf and seconded by Prickett that the Attorney draft an ordinance of no parking on school side of street, also ordinance to allow parking on south of Ashland, west of Center Street. The Mayor put the question and the Clerk called the roll: Ayes: Alderman McKay, Davis, Schubert, Wolf, Martin, Behrel and Prickett. Nays: Alder- man Nelsen, Dunlap, Neff, Wexler and Tistle. The Mayor declared the motion carried. PROSPECT AVENUE RAILROAD CROSSING. On motion by Alderman Bell and second by Prickett the Council approved to refer the Prospect Avenue railroad crossing hazard to Traffic Commission. 366 5-21-56 REPLACE SIDEWALK NEW FIRE STATION. The motion was made by Alderman Prickett and seconded by Tistle to have the sidewalk on Oakton Street at new fire station replaced at a cost of $315.00. The Mayor put the questions and the Clerk called the roll: Ayes: Alderman Nelsen, Bell, McKay, Davis, Schubert, Dunlap, Wolf, Neff, Wexler, Martin, Behrel, Prickett and Tistle. Nays: None. The Mayor declared the motion carried. HOSE - DRYER NEW FIRE STATION. The motion was made by Alderman Prickett and seconded by Davis to purchase the hose dryer. After discussion, the motion and second were withdrawn and the matter referred to the Fire Committee. The Council will hold a meeting as a Committee of the Whole June 11, 1956, with Park Ridge Committee and Consoer and Townsend regarding a Water Commission. On motion by Alderman Wexler and second by Wolf the Council approved to allow Alderman Wexler to contact Benjamin and Lange without cost regarding financing storm sewer in Orchard Place Area. On request of Alderman Dunlap the Mayor referred to the Sewer Committee the low concrete abutment at flume at Graceland Avenue. On motion by Alderman Nelsen and second by Prickett the Mayor will write to the Chicago and Northwestern Railway regarding oiling tracks, keeping clean tracks and about parking lots in company parks in center of City. PARKING METERS. The motion was made by Alderman Schubert and seconded by Dunlap to install parking meters on Ellinwood Street to River Road and on west side and north side of Parking Lot No. 2 from Ellinwood to Pearson. The motion and second was with- drawn. The motion was then made by Alderman Nelsen and seconded by Schubert to pur- chase the meters for parking lot, two hour parking. The motion was then made by Alderman Neff and seconded by Martin to refer the matter to the Parking Meter Commit- tee. APPROVAL OF BILLS. Alderman Behrel presented the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES, THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total $56,907.52. (A schedule of bills placed before each Alderman and on file with City Clerk.) Alderman Behrel informed the Council he had received a bill to be paid which is not in resolution and is to be included. The bill of LeRoy D. Alexander, $1,100.00 Fire Construction. The motion was made by Alderman Behrel and seconded by Prickett to adopt the resolution. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, Bell, McKay, Schubert, Dunlap, you, Neff, Wexler, Martin, Behrel, Prickett and Tistle. Nays: None. The Mayor declared the motion carried. LOMMEN EIEY REPORT ON ADOPTION OF CITY FLAN. Attorney Eley read the following opinion: I have been asked as to the procedure for the adoption of the land use portion of the City Plan. As I explained at the council meeting there are two possible uses to which the land usage portion of the Plan may be put, and the manner of handling the Plan from hereon will depend upon the use for which the Plan is intended. If the Plan is merely intended as an announcement of the pr ssent,thinking of the members of the council regarding land usage to be provided for land hereafter brought into the City, then the Plan need merely be adopted by an Ordinance which refers to a proper map, incorporated by reference in the the Ordinance, showing the different uses. This Ordinance may be adopted as any other Ordinance is adopted without any public hearings. The Ordinance and the land use map could then be furnished the County Zoning Board and owners of land near Des Plaines wishing an indication of the council's thoughts regarding proper use of this land. The County Zoning Board presumably will give the Plan considerable weight in its decisions on requests for Zoning of land described in the plat. The Council itself and the Zoning Board of the City of Des Plaines could also use map as an indication of the councilts 1956 thoughts regarding future changes for land within the City. 1 5-21-56 Apparently, however, many or most of the aldermen have contemplated changing Zoning within the City to conform with the land use part of the Plan. In this case the Ordinance adopting the Plan must be considered as an amendment to the City's Zoning Ordinance, and like all amendments to the Zoning Ordinance may be adopted only after a public hearing or a series of public hearings held by a committee of the council or some commission sitting pursuant to councilcirection. Therefore, if the council wishes to rezone properties in the City of Des Plaines presently zoned in a manner contrary to the proposed Plan the council should direct the holding of a hearing or series of hearings by some committee or commission. While the statute requires only publication of notice I believe it would be desirable to give actual notice by mail to the known owners of those parcels where a rezoning is intended so as to be certain that the changes are fully understood, and carefully considered. When the committee or commission holding the hearings has reported, then the council adopts an Ordinance with the map incorporated by reference. This map,would, of course, then show the current Zoning status of every piece of property within the City. The same Ordinance would also show the thinking of the council as to lands lying without the City and as mentioned above would be given same weight by the County Zoning Board. (Signed) Locomen D. Eley L,ra The Mayor ordered it placed in minutes. --� ADOPT ORDINANCE VACATING OLD PART OF MANNHEIM ROAD. The Clerk read for second reading the ordinance vacating the old part of Mannheim Road. The motion was made by Alderman `% Wolf and seconded by Prickett to adopt the ordinance. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, Bell,McKay, Schubert, Dunlap, Wolf, Wexler, Martin, Behrel, Prickett and Tistle. Nays: Alderman Neff. ,The Mayor declared the motion carried. 1 1 TETTER FROM J. P. TUTHILL, DISTRICT ENGINEER. The Clerk received a reply to his letter that the City name sign and the M.P.H. signs as requested would be changed. BIDS ON ITEMS FOR WELL NO. 4 OPENED. On motion by Alderman Prickett and second by Behrel the bids on Well No. 4 items were opened. Two bids were received: Wigert Construction Company , $3,126.00 and Milburn Brothers, $3,310.00. On motion by Alder- man Prickett and second by Wolf the bids were referred to Water and Finance Committees and City Engineer. LETTER. REGARDING BENJAMIN ELECTRIC COMPANY AUTOS. The Clerk read a letter signed by ten families regarding autos of Benjamin Electric employees on certain streets. Alderman McKay read a report from Chief Wigham regarding investigation of this area. On motion by Alderman Wolf and second by Martin the letter was referred to the Traffic Commission. On motion by Alderman Schubert and second by McKay the Mayor declared a recess so the bids on Well No. 4 could be checked. After reconvening, the motion was made by Alderman Schubert and seconded by Behrel to award the bid to Wigert Construction Com- pany. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, Bell, McKay, Schubert, Dunlap, Wolf, Neff, Wexler, Martin, Behrel, Prickett and Tistle. On motion by Alderman Schubert and second by Wolf the Clerk was instructed to return the check of Milburn Brothers. UNITED STATES FIDELITY AND GUARANTY COMPANY LETTER. The Clerk read a letter from above company regarding claim for damage to car from Elm Tree spraying for $25.00. The Mayor ordered the letter placed on file. The Clerk read a letter from E. L. Fester, Vice President of the Christensen Machine Company, Racine, Wisconsin, commending the Des Plair}es Police Department, for his personal consideration by the department. Alderman Prickett requested the parking in front of Dr. Kellogg's residence, 1280 White Street, be referred to Street Committee. WIDEN RADIUS OF ALGONQUIN ROAD AT RIVER ROAD. The motion was made by Alderman Prickett and seconded by Nelsen that the Superintendent of Public Works have the radius on Algonquin Road at River Road widened at a cost of not more than $500.00. The motion was made by Alderman Neff and seconded by Wolf to refer the item to Street Committee. The Mayor ruled the motion out of order because it was no committee report and put that. question. The Clerk called the roll: Ayes: Alderman Nelsen, McKay, Wexler, Martin, Behrel, Prickett and Tistle. Nays: Alderman Bell, Davis, Schubert, Dunlap, Wolf and Neff. The Mayor voted Paye" and declared the motion carried. 368 5-21-56 DOG ORDINANCE APPROVED. On motion by Alderman Behrel and second by Schubert the Dog Ordinance was removed from the table. Alderman Wolf said Alderman McKay was out of order in moving to amend the ordinance. The Mayor declared Alderman McKay in order. Then Alderman Wolf declared the Mayor out of order. The Mayor called for a roll call if he was correct. Ayes: Alderman Nelsen, Bell, McKay, Dunlap, Davis, Schubert, Wexler, Behrel and Prickett. Nays: Alderman Wolf, Neff, Martin and Tistle. The Mayor put the question on McKay's motion to amend and the Clerk called the/roll: Ayes: Alderman Nelsen, Bell, McKay, Dunlap, Neff and Wexler. Nays: Alderman Davis, Schubert, Wolf, Martin, Behrel, Prickett and Tistle. The Mayor declared the motion was lost. The motion was then made by Alderman Wolf and seconded by Tistle to adopt the ordi- nance. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Bell, Davis, Wolf, Neff, Wexler, Martin, Behrel, Prickett and Tistle. Nays: Alderman Ne lse4 McKay, Schubert and Dunlap. The Mayor declared the motion carried. SIGN ORDINANCE. The motion was made Alderman Wolf and seconded by Prickett to place the sign ordinance on passage. The Mayor put the question and the Clerk called the r roll: Ayes: Alderman Nelsen, Bell, Davis, Wolf, Wexler, Martin, Behrel, Prickett and Tistle. Nays: Alderman McKay, Schubert, Dunlap and Neff. The Mayor declared the motion carried. The motion was made by Alderman Wolf and seconded by Behrel to adopt the ordinance. The Mayor put the question and the Clerk calledithe roll: Ayes: Alder- man Nelsen, Davis, Wolf, Wexler, Martih, Prickett and Tistle. Nays: Alderman Bell, McKay, Schubert, Dunlap, Neff and Behrel. The City Attorney is to give an opinion next meeting regarding the Mayor's vote in order to decide the result of the vote. On motion by Alderman Martin and second by Behrel the City Attorney is to draft an agreement between Butler Brothers and the City, that Butler Brothers will not be liable for any accidents on their property being used for model planes and archery. PETER MANZ REAPPOINTED TO CIVIL SERVICE COMMISSION. On motion by Alderman Wolf and second by Prickett the Council approved the reappointment of Peter Manz to the Civil Service Commission. On motion by Alderman McKay and second by Prickett the Council removed the Sales Tax Ordinance from the table and referred the ordinance to the Finance Committee to report back next meeting. ADJOURNMENT. On motion by Alderman Wolf and second by Tistle the Council approved to adjourn. Otto 1,. J. Henrich City Clerk 1 1 1