Loading...
06/04/19561 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD IN COUNCIL ROOM, CITY HALL, DES PLAINES, ILLINOIS, JUNE 4, 1956, AT 8:00 P.M. CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer who presided with Alderman Nelsen, McKay, Davis, Tures, Wolf, Neff, Wexler, Martin, Behrel, Prickett and Tistle responding to roll call. APPROVAL OF MINUTES. The motion was made by Alderman McKay and seconded by Wolf to approve the minutes of May 21, 1956. The motion was voted upon by acclamation. OFFICIAL REPORTS. The Clerk submitted the reports of Clerk and Building Commissioner for May. 369 Alderman Prickett reported of equipment to be purchased for new fire station. The motion was made by Alderman Prickett and seconded by Wolf that Chief Kolze be authorized to purchase a gas stove for not more than $$175.00 and refrigerator for not more than $350.00, to be purchased in Des Plaines. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, McKay, Davis, Tures, Wolf, Neff, Wexler, Martin, Behrel, Prickett and Tistle. Nays: None. The Mayor declared the motion carried. ezt Z1� Alderman Prickett reported the following on hose dryers: The Fire Committee recommends that the Council authorize the purchase of two hose dryers from Great Lakes cL Fire Equipment Company for $650.00 each, F. 0. B., Albion, Michigan. It is recommended that one be purchased by the City and the other be paid for from the 2% Foreign Fire Insurance Fund. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, McKay, Tures, Wolf, Neff, Wexler, Martin, Behrel, Prickett, Tistle and Davis. Nays: None. The Mayor declared the motion carried. 1 1 NEW FIRE STATION PAINTING CONTRACT TO A. DAHLIN COMPANY. Alderman Prickett reported the painting contract which had been awarded previously, but the contractor had made changes in contract. Therefore, a new agreement had been made with A. Dahlin Company. The motion was then made by Alderman Prickett and seconded by Wexler to authorize the Mayor and Clerk to sign the agreement. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, McKay, Tures, Wolf, Neff, Weiler, Martin, Behrel, Prickett, Tistle and Davis. Nays: None. The Mayor declared the motion carried. Alderman Prickett reported that the Fire Department on inhalator calls are unable to get a doctor and are investigating about some system to be able.to call a doctor. Alderman Tures requested the Clerk to write the Aldermen to remind them of a meeting Monday, June 11, 1956, about water commission. CITY CODE, MINUS ZONING AND BUILDING CODES, $$3.25. The motion was made by Alderman Neff and seconded by Behrel to charge $3.25 for City Code (not including the Zoning and Building Codes.) The Mayor put the question and the Clerk called the roll: byes: Alderman Nelsen, McKgi. Davis, Tures, Wolf, Neff, Wexler, Martin, Behrel, Prickett and Tistle. Nays: None. The Mayor declared the motion carried. PRESENTATION OF CITY CODES TO LAWYERS. Alderman Behrel commended the lawyers on their work on revising the code and read the following resolution: RESOLUT ION Under the able direction of Alderman Mary Neff, Chairman of the City Code Cuannittee, a group of lawyers....all residents of the Cityof Des Plaines.... have completed the arduous task of revising the City Code, the Building Code and the Zoning ordinances of the City of Des Plaines. BE IT THEREFORE RESOLVED: THAT the City Council, City of Des Plaines, does hereby acknowledge and express appreciation to said group of lawyers individually named below for their contribution to civic duty and their diligence and untiring effort in completing this fine work. 370 6-4-56 PRESENTATION OF CITY CODES TO LAWYERS. (Contld.) LAWYERS•C ITY CODE COMMITTEE, DES PLAINES, 1955 James M. Forkins. Philip J. R. Equi William R. Jacobs II John T. Burke Thomas D. Burlage Edward R. Carlton Vincent J. Carney Howard W. Clement Wm. J. Connolly, Jr. Chester L. Harris Philip B. Hill Gilbert A. Horn John A. Hutchings Richard Jacobson George Allan Julin, Jr. Harry L. Kinser John Robinson Charles B. Robison Arle Urban Thomas G. Vent, Jr. J. Harold Young On motion by Alderman Behrel and second by Prickett the Cou#cil adopted the resolu- tion. Alderman Behrel then presented a copy of the entire City Code to the lawyers. APPROVAL OF BILLS. Alderman pehrel presented the. following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES, THAT THE BOLLOWING BILLS ARE DUE AND PAYABLE AND THAT, THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total $19,793.14. (A schedule of bills placed before each Alderman and on file with City Clerk.) 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, McKay, Davis, Tures, Wolf, Neff, Wexler, Martin, Behrel, Prickett,and Tistle. Nays: None. The Mayor declared the motion carried. &IGN-GRD4NANGE-NGT-ADGPTER. City Attorney Eley reported the following: City Attorney Eley expressed his opinion that the Council could not pass a valid ordinance to charge non-residents higher rates for parking privileges than it does Residents. SIGN ORDINANCE NOT ADOPTED. Attorney Eley made the following relport: Question was raised at the May 21st meeting about the Mayor voting on the roll call on the sign ordinance. Thirteen of the fourteen aldermen were present and the vote was seven aye to six votes no. The Mayor then voted No and declared the ordi- nance lost. Section 9-39 of the Cities and Villages Act provides that the City Council shall consist of a Mayor and aldermen. Section 9-44 provides that "He shall not vote on any ordinance, motion except, where the vote of the aldermen has resulted in a tie; the aldermen elected have voted in favor of an ordinance, resolution though there is no tie vote. In both instances specified, the Mayor resolution or or when 1/2 of or motion even shall vote." Section 9-47 provides that "the passage of all ordinances for whatever purpose, shall require the concurrence of a majority of all members elected to the City Council, including the Mayor, unless otherwise expressly provided by this act or any other act governing the passage of any ordinance, resolution or motion." It is clear therefore that it takes eight votes in the Des Plaines City Council to pass any ordinance; thus with the vote seven for and six against the ordinance, if the Mayor had voted aye the ordinance would have carried. The Mayor having voted no the ordinance failed even though a majority of the aldermen present voted in favor of the ordinance. (Signed) Lommen b. Eley City Attorney Eley reported on an agreement with Butler Brothers about liability for their property which will be used for flying toy planes and for archery. The agreement to be taken up under new business. 1 6-4-56 KUNTZE CASE ON BUILDING PERMITS. Attorney Eley read the following letter: The above case was up before Judge Harry Fisher this morning on a motion by the plaintiffs for summary judgment. We filed on behalf of the City of Des Plaines three affidavits in opposition to the motion. Judge Fisher stated that if the village authorities were willing to give the permits for erection of buildings upon the four lots, there would be no occasion for the court to declare -the ordinance unconstitutional. He stated that he would not pass on the motion if the village authorities were willing to issue the permit. When we went into the back room to draw the order Mr. Frank P. Zaleski stated that his client would not make application to the Board of Zoning Appeals. He stated that he would take the matter up before the judge. We went back into the court room and waited until he was able to obtain the court's attention again. The judge then told him that if the village authorities were will- ing to issue the permits he should make application tothe Board of Zoning Appeals. He stated he did not went to make such an application. The judge told him that if the village authorities were willing to issue the permits there was no occasion to 0 bother the court to decide it. HUBBARD, HUBBARD & DORGAN By John T. Burk d TRAFFIC COMMISSION REPORTS. Traffic Commission report on Harding Avenue speeding autos and recommended that the Chief of Police be instructed to continue to strictly enforce traffic regulatiOnsi. 1 1 Traffic Commission's report on load limit for Evergreen Avenue was that a 6,000 pound load limit be enforced. The City Atbrney is to draft separate ordinances for Evergreen and Willow. Traffic Commission report Orchard Place Area that no recommendations be made at this time until all streets have been established and put in usable condition. After which time a complete survey by this Committee will be made. TRAFFIC COMMISSION REPORT ON STOP LIGHTS OR STOP SIGNS AT WOLF AND GOLF ROADS SOUTH OF CHICAGO AND NORTHWESTERN RAILWAY. The Traffic Commission recommend that stop sign be erected on the northwest side of Golf Road and Wolf Road making this a four way stop. On motion by Alderman McKay and second by Davis the Clerk was instructed to write the State Highway Department to install the sign. ORCHARD PLACE AREA ZONING APPROVED. The Clerk read a report from the Zoning Board recommending that the Orchard Place Area located from Touhy Avenue to Higgins Road and from the east side of Mannheim Road to the west side of Soo Line Railway, be rezoned to Commercial. On motion by Alderman Behrel and second by Prickett the Council concurred in the recommendation and the Attorney to draft an ordinance. DENY REZONING NORTHWEST AREA OF TOUHY AND RIVER ROAD. The Zoning Board report recommended not to approve the rezoning of property at Jarlath Avenue between Hickory Street and River Road. On motion by Alderman Tures and second by Nelsen the Council concurred in the recommendation. APPROVE REZONING AT HOWARD AND MT. PROSPECT ROAD SUBJECT TO ANNEXATION. The Zoning Board recommended to rezone from Residential to Industrial 1-2 the property on the southeast side of Mt. Prospect Road and Howard. On motion by Alderman Wolf and second by Tistle the Council concurred in the recommendation and the Attorney to draft an ordinance on zoning and annexation. J. P. TUTHILL, DISTRICT ENGINEER, LETTER. The Clerk read the following letter: Your letter of May 17, 1956 was concerned with water on the sidewalks under the Route 58 and Wolf Road underpass. This flooding was caused by water flowing through the Illinois Bell Telephone conduit, thence down the back slope to the sidewalk. The Illinois Bell Telephone Company has taken out a permit to tile this water to an existing catch basin at the top of the slope. This work will be done very shortly and in my opinion this will remedy the condition. Thank you for calling this matter to my attention. (Signed) J. P. Tuthill The Mayor ordered the letter placed on file. 371 372 6-4-56 SALES TAX ORDINANCE DISCUSSED. Alderman Behrel reported of the meeting the Finance Committee held regarding Sales Tax. Several of the Aldermen not on the Finance Committee had attended with City Clerk. The motion was made by Alderman Behrel and' seconded by Prickett to adopt the ordinance. After discussion the motion was made by Alderman McKay and seconded by Nelsen to defer until Monday, June 18, 1956 meeting. Alderman Schubert appeared at this time. LIABILITY AGREEMENT WITH BUTLER BROTHERS. City Attorney Eley read the agreement with Butler Brothers on use of their land for flying model airplanes and for archery. The motion was made by Alderman Martin and seconded by Behrel to authorize the Mayor to sign the agreement and that a liability policy be authorized for $100,0004200,000 from City funds. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, McKay, Davis, Schubert, Tures, Wolf, Neff, We9ler, Martin, Behrel, Prickett and Tistle. Nays: None. The Mayor declared the motion carried. REPORT OF SPECIAL COMMITTEE ON PROFESSIONAL MANAGEMENT CONSULTANT. Alderman Behrel made the following report: The Special Committee.appointed to investigate the employment of a professional Management Consultant has interviewed three such firms. We have found that all three are prepared to conduct most any type survey we would desire. To name a few - JOB ANALYSIS ° ADMINISTRATIVE CONTROLS PROGRAM MANAGEMENT ORGANIZATIONAL PROCEDURES & FACILITIES As a general practice, these firms do not quote on a bid basis; however, each will submit a Proposal in writing, outlining various services they will perform and, in connection therewith, will stipulate a maximum estimated cost to cover. The final, actual cost to the City may be less but, in no case, would it exceed the maximum estimated cost for the completed survey. The Special Committee recommends, therefore, that in lieu of advertising for bids and, without obligation to the City, that the City Council authorize the Special Committee to request written proposals be submitted by - PUBLIC ADMINISTRATION SERVICE J. L. JACOBS & COMPANY GRIFFENHAGEN & ASSOCIATES all of Chicago, Illinois. All written proposals to be further analyzed by the Special Committee for final report to the Council. (Signed) H. H. Behrel, Chairman (Signed) Sydney B. Wexler (Signed) S. E. McKay On motion by Alderman Behrel and second by Wexler the Council approved to accept the report and authorized the Committee to request proposals. HERZOG PETITION ANNEXATION WEST OF MT. PROSPECT ROAD. Alderman Schubert reported the following: Your Committee on Municipal Development has found that the petitioner proposes to subdivide the land into 667 lots and erect homes valued at about 1)25,000 each on said lots; that water is to be supplied by Des Plaines but the sewer connection will be to the Sanitary District Interceptor sewer; that about 8 acres has been donated for school purposes. We, your Committee on Municipal Development, therefore recommend: that it is to the best interests of the City of Des Plaines to annex this land and than an ordinance be drawn up annexing said territory. (Signed) Dana Schubert (Signed) H. H. Behrel The motion was made by Alderman Schubert and seconded by Tures to concur in the report. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, McKay, Davis, Schubert, Tures, Neff, Wexler, Behrel, Prickett and Tistle. Nays: Alderman Wolf and Martin. The.) yor declared the motion carried. car 3 6-4-66 FIRST READING ORDINANCE VACATING KENTON ROAD. The Clerk read for first reading ordinance vacating Kenton Road (Y.M.C.A. Property). The Mayor ordered the Ordinance placed on file for second reading. FIRST READING ANNEXATION ORDINANCE WEST OF NST. PROSPECT ROAD. The Clerk read for first reading the annexation ordinance on land west of Mt. Prospect Road between Thacker and Algonquin. The Mayor ordered the ordinance placed on file for second reading. FIRST READING OF ANNEXATION ORDINANCE WEST OF NT. PROSPECT ROAD. The Clerk read for first reading the annexation ordinance of land west of Mt. Prospect Road. The two annexations are the land being purchased by Herzog Construction Company for sub- division. The Mayor ordered the ordinance placed on file for second reading. Alderman Schubert reported of plat on the north side of Rand Road between Grove Street and Hawthorne Lane but desired to check contract with the Hawthorne -Rand Association on use of water before making final report. REgUEST FOR ANNEXATION AT GOLF AND RIVER ROAD. The Clerk read a letter from F. H. Landherr, 965 Wwn Avenue, applying for water for factory'on Golf Road west of ® River Road with statement that he is circulating a petition to annex the area to Des Plaines. The Mayor referred the letter to the Water Committee. d' TWO ZONING VARIATIONS, 910 SIXTH AVENUE AND 1486 PROSPECT AVENUE. The Clerk reported of two zoning variations, above locations. The motion was made by Alderman Wolf and seconded by Behrel to refer the applications to the Zoning Board of Appeals sitting as a Commission to call a hearing. CLAIM ON TREE FAILING ON AUTO. The Clerk read a letter from James A. Postell, Jr. that a tree blew over his auto at 1317 Oakwood Avenue, and damaged this auto amount of $127.00. The Mayor instructed the Clerk to refer same to insurance company on City liability insurance on falling trees. COMPLAINT ZONING VIOLATION 1285 WALNUT AVENUE. The Clerk reported of complaints on storage of trucks and used building material at 1285 Walnut Avenue. The Mayor instructed the Police and Fire Chief to make inspection. TETTER TO PARK TRAILER WHITE BUILDING. The Clerk read a letter from C. W. Larson who requested to be allowed to park trailer on property until he completes building on Oakton and Maple Street. The Clerk was instructed to inform hp*it would not be allowed. RIVERWOOD SUBDIVISION PLAT. The Clerk informed the Council he had a temporary plat for subdivision on the Northeast corner Algonquin and River Road. The Mayor instructed the Clerk to refer plat to Plan Commission. Alderman Davis requested that the City Clerk write the Chicago and Northwestern Railway regarding the rebuilding of Cumberland Station. Alderman Behrel reported about burglar alarms in Police Station, if the City may receive some revenue from those concerned. Alderman Davis reported about Railroad land south of Cumberland Station. (The Clerk referred this to Packing Lot Committee. Alderman Davis reported of addition be constructed on Cumberland School. He said the City and State had cleaned Golf Road and whoever is the contractor in hawling dirt had dumped dirt on Golf Road and as the City cleaned this up, he thought the contractor should be billed. The Clerk was instructed to write to the School Board and mail them a bill to be forwarded to the contractor. SIGN ORDINANCE. The motion was made by Alderman Wolf and seconded by Prickett to reintroduce the sign ordinance. Alderman Neff said that Alderman Wexler was checking on sign ordinances of other cities and made the motion, which was seconded by (Alderman Prickett) Alderman Wexler to refer the ordinance to, Building Control Committee who should confer with Alderman Wexler. The motion was voted upon by acclamation. 374 6-4-56 PARK TEASE FOR ROSE AVENUE CUL DE SAC PARK WITH PARK DISTRICTS. In June 1956 several leases were made with Park District and in error the Rose Avenue Park was not included. On motion by Alderman Martin and seconded by Neff the Attorney was instructed to draft a lease. The Municipal Development Committee is to confer with Plan Commission and Park District about ordinance for parks in new subdivisions. ADJOURNMENT. On motion by Alderman Wolf and second by Schubert the Council approved to adjourn. Otto W. J City Henrich erk MINUTES OF THE RRGUTAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN COUNCIL ROOM, CITY HALL, JUNE 18, 1956, AT 8:00 P.M. CALL TO ORDER. The meeting was called to order by City Clerk Otto W. J. Henrich with Alderman Nelsen, Bell, McKay, Davis, Schubert, Dunlap, Wolf, Tures, Wexler, Martin, Behrel, Prickett and Tistle. Alderman Neff was absent. Due to absence of Mayor Kenneth G. Meyer the Clerk informed the Council that they appoint a Mayor pro tem. On motion by Alderman Behrel and second by Tistle the Council approved the appointment of Alderman McKay as Mayor pro tem.' APPROVAL OF MINTUES. The motion was made by Alderman Tures and seconded by Wexler to approve the minutes of June 4, 1956. The motion was voted upon by acclamation. OFFICIAL REPORTS. The Clerk submitted the report of City Treasurer for May. Alderman Schubert reported of hearings to be held June 28, 1956, in Mannheim School and City Hall, Des Plaines, on County zoning applications. Alderman Schubert reported on Plat on Rand Road regarding the use of water) that that the subdivider received a letter from the Hawthorne -Rand Association regarding payment of a fee to connect to the water main. That according to the agreement, the subdivider must apply to the City Council for use of water and his committee would hold up the plat until they hear from him. Alderman Davis reported they received a proposal to build a cell in City Hall basement for $590.00. This did not include plumbing, so the Public Building Commit- tee will again investigate about the cell. Alderman Martin reported that there was an ordinance amending "Peddler's" license to come up for first reading under new business. S00 LINE RAILWAY. On motion by Alderman Bell and second by Martin the Clerk was instructed to write a letter to Soo Line Railway regarding the construction of side- walk across their tracks at Oakton Street and about the bad condition of crossing. On motion by Alderman Tistle and second by Martin the Clerk was instructed to write the Soo Line Railway asking them to install gates at Oakton Street. On motion by Alderman Bell and second by Tistle the Clerk was instructed to write the Soo Line Railway to install gates at the Touhy Avenue crossing. Alderman Bell reported on parking in front of Dr. Kellogg's residence a White Street, that this request be denied as it would set a precedent for exceptions to one side of street parking. Alderman Bell reported on resolution to use Motor Fuel Tax funds to widen Harding Avenue. The motion was made by Alderman Bell and seconded by Dunlap to adopt the resolution. On motion by Alderman Tistle and second by Wolf that it be referred back to Street Committee.