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09/08/19598/24/59 #5 WEIL SHOOTING Alderman Tures informed the Council of having to shoot #5 Well, as it was only producing 750 gallons.per minute. Alderman Callaghan arrived at this time. AWARD WELL # 5 SHOOTING .Alderman Neff made a motion for bids to have•Nell # 5 shot, but lost for second. The motion was made by Alderman Tures and seconded by Jackson to hire Cliff Neely Company for shooting well at $15.00 per hour for bailing and not to exceed $15,000.00. ,The Mayor pro -tem put the question and the'Deputy Clerk called the roll with the following results: Ayes: Alderman Tures, Flauter, Figard, Prickett;, Tistle, Bell, B`Iackson, Callaghan, Rateike, Blume. Nays: Alderman Neff and Moehling. The Mayor pro -tem declared the motion carried. AWARD LAGGING WEIL. The motion was made by Alderman Rateike and seconded by Tures to. hire.Schlumbeiger Company for logging well # 5 not to exceed $875.00. The Mayor pro -tem put the question and the Deputy Clerk called the roll with the following results: Ayes: Alderman Tures, Moehling, Flauter, Figard, Prickett, Tistle, Bell, Jackson, Callaghan,!Bateike and Blume. ,Nays: Alderman Neff. The Mayor pro -tem declared the motion:carried. WESTWOOD SUBDIVISION APPROVAL. The motion was made by Alderman Bell and seconded by:Figard to. approve Golf Improvement's Westwood Subdivision. The Mayor pro -tem put the question and the Deputy Clerk.called the roll with the following results: Ayes: Alderman Tures, Neff, Moehling, Flauter, Figard, Prickett, Tistle, Bell, Jackson, Callaghan, Rateike and Blume. Nays: None. The Mayor pro -tem declared the motion carried. FIFTH AVENUE SPEED LIMIT SIGNS. The Mayor. pro -tem referred Alderman Moehling's request for Speed limit signs on Fifth Avenue from Oakton Street to Algonquin Road to the Street and Traffic Committee and Traffid Commission. APPROVE DRIVEWAY PERMIT NORTHWEST CORNER TOUHY AVENUE - AND DES PLAINES .AVEC On a motion by Alderman Jackson and seconded by Bell, the Council concurred approval of 4-35 foot driveways for above. The Mayor pro -tem referred Alderman Jackson's request on information of cutting trees to make parking on parkway to Streets and Traffic Committee and City Attorney for study and report. ADJOURNMENT. 044 motion by Alderman Bell and seconded by Tistle,, the Council concurred adjournment. ' n • Gladys.M.f hholz. Deputy C rk • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN COUNCIL ROOM, CITY HALL, SEPT. 8, 1959 AT 8:30 P.M. `CALL TO ORDER The meeting was called to order by Mayor Herbert H. Behrel, who -• presided with'Alderman Neff, Moehling, Flauter, Figard, Prickett, Tistle, Massman, Jackson, Rateike, Blume and Wright responding to roll call. APPROVAL OF MINUTES The motion -was made by Alderman Prickett and seconded by Tistle to approve the minutes of August 17th and adjourned meeting of August ,24th, 3.959.. The motion was voted upon by acclamation. OFFICIAL REPORTS The Clerk submitted the reports of the Treasurer, Clerk and ;Building Commissioner for August. Attorney Dowd made several verbal progress reports. Attorney Dowd reported on sidewalk at'Oakwood and Soo Line R. R. The Mayor referred this matter to the Streets Committee and Safety Council. 9/8/59 -2- OPEN BIDS ON PUMP AND WEIL HOUSE FOR WEIL NO. 5 . On motion by Alderman Prickett and seconded by Wright, the Clerk was instructed to open the above bids. The following bids were received on pump:. M. P. Schneller and Assoc. $18,963.00 n n n " Alternate Bid 22, 319.00 Boyd and Storm 19,625.00 L. Cliff Neely" 19,695.00 The Mayor referred the bids to the Water and Finance Committees, with the., City Engineer and Superintendent to report September 21st. The following bids were received on the Well House: Alfred Stelzer, Forest Park. $7,730.00 Esser Constr. Co.,Des Plaines 7,353.78 Geo. Knight Const. Co.,DesPlaines 8,350.00 The Mayor referred the bids to the Water and Finance Committees, with the' City Engineer and Superintendent to report September 21st. REFUSE ANNEXATION IAT 6 ON OAKTON STREET. Alderman Blume reported on petition to annex Lot 6 without any of the adjoining lots would lead to an unplanned and un- organized addition to the City. The Municipal Development Connnittee recommended that annexation be refused and the City Clerk'as instructed to w rite the owner of the .property adjacent reporting this action. On motion by Alderman Blume and seconded by Prickett, the Council concurred in the report and the Clerk was instructed to write the petitioner to contact the owners of the lots on both sides of his property about annexing. KUNTZE'S UNIT NO. 2 AND NO. 4, HIGH RIDGE KNOLLS APPROVED. Alderman -Blume -made the motion which was seconded by Tistle to approve the above plats and Mayor and Clerk to be authorized to sign same. The motion was voted upon by acclamation. FIRST ADDITION TO MC KAY & NEALIS SUBDIVISION. The Mayor referred -the above plat to the Plan Commission and Municipal Development Ommittee to report back at the September 21st meeting. Alderman Rateike made a progress report on remodeling the old library building. On motion by Alderman Moehling and seconded by Rateike, the County Board of Health is to be contacted about pollution in Weller Creek. On motion by Prickett and seconded by Massman, Supt. Wernicke is to contact the Army Corps. of Engineers about pollution in Weller Creek and the River. CITIES SERVICE OIL COMPANY REPORT. Alderman Moehling made the following report: "To the Chairman of the Judiciary Committee, at the meeting of the City Council, held August 3, 1959, the following matter was referred to your Committee: Whether appeal should be taken from the anticipated adverse decision of the Circuit Court of Cook County in the Case: Cities Service Oil Company vs. City of Des Plaines, following an. adverse ruling by James L. O'Keefe, Master in Chancery, finding that the City of Des Plaines through its ordinance requiring a distance of 300 feet between a church etc., and a proposed gasoline station construction is stopped from revoking the building permit issued by its Building Commissioner to Cities Service Company and that its ordinance is invalid as it applied to this site and to this Company. City Clerk,DesPlaines,.I11.9/8/59 "Your Committee on Judiciary has investigated the above. On the basis of the record presented in this case and in consideration'of the defects in the reasons presented in the Master's Report, the Juciciary Connnittee concludes as follows: 9/8/59 (1) The Supreme Court of Illinois, the Appellate Tribuhal which will decide on matters of constitutionality of the involved amended ordinance, in all probability would not substitute its own judgment for that of the City of Des Plaines as -to the reasonableness of the requirement for a distance of 300 feet between a proposed gasoline service station and a church, school, etc, (Tews v. Woolhiser 185 N.E. 827; American'Asphalt Paving Co. v Chicago 161 N.E. 772; People Ex. rel Barmore v Robertson 134 N.E. 815: People v Linde 173 N.E. 361; and .others). A large number of cases have gone to the Supreme Court testing the validity of cities' zoning ordinances. Without exception among those cases studied by this Committee,, the Supreme Court, has held that in zoning ordinances involving questions of safety, morals and health, the ordinance has been upheld and the Court will not enter into the question of the equities involved. Only in those cases wherein the ordinance is capricious or designed merely to protect property values or to preserve aesthetic values does the Court then balance the equities between the parties to the suit and decide against the constitutionaltibr of the ordinance. That a substantial question of safety vises in placing a gasoline station within 300 feet of a place of public gathering has been most dramatically demonstrated in a recent news account of an explosion in Kansas City, Kansas, onAugust 19th. The source of the tragedy was the explosion of the gasoline storage tanks at a bulk filling station while the tanks were being filled. The explosion which killed 2 firemen and seriously injured scores of other persons was presumably eaused by sparks of static electricity. The news account of this catastrophe stated that jet -like flames 70 feet in height were observed at the site of the storage finks. It is our opinion that the amended ordinance here in- volved of the City of Des Plaines would not likely be overturned on grounds of unconstitutionality by the Supreme Court on appeal. (2) Cities Service has attempted to show by its expert's testimony that the value of the property at the proposed site was $30,000 for gasoline station use and only $20,000 for other commercial uses. .The City of Des Plaines has through its own experts shown that the value of the -site for commercial use other than gas station use would be about $35,000; the site of the proposed construction could then$fore, presumably, be resold by Cities Service without, substantial economic loss, if any. Hence, even the equities are not predwminatly in favor • of Cities Service. (3) That site at Cora and Oakton Streets was one among 10 parcels of real estate purchased in a single transaction by Cities Service. Cities Service has not shown in the record that they did in fact pay $30,000 for this site specifically, the latter being only a valuation placed there on by their real estate expert, after the consideration had been paid in a lump sum by Cities Service for the entire package of 10 individual parcels of real estate. There is, therefore4 no true basis for showing a loss of the alleged original purchase price of $30,000 or any part thereof by Cities Service. (4) Cities ,Service has produced no evidence to show that the ordinances of the City of Des Plaines were in fact not available to them or that they relied wholly upon the permit granted to them from the building commissioner as the legal basis for the right to build a gasoline station at this site. Even if Cities Service had relied solely upon the permit, they had no right to so rely on the acts of a ministerial agent of the city, as the case law cited in our brief conclusively establishes. (See Defendant's Brief before the Master in Chancery). Our evidence shows that the amendment to the 100 foot ordinance, requiring 300 feet between an existing church and a proposed gasoline station was published in accordance with statutory requirements. Cities Service acted at their own peril,ielying solely on the building permit granted by the building commissioner, without consulting the actual ordinance and its amendment. (5) The decision of the Circuit Court can be appealed for very little additional cost to the City of Des Plaines, whereas, if a consent decree were to be entered into with the Cities Service, the cost of the Master's report (estimated to be approximately $1,500.00) would be made payable by .the losing party; i.e. The City of Des Plaines. Although Des Plaines world still be obligated 9/8/59 -4- - to pay for these costs if it lost the appeal to the Supreme Court, the additional cost of the appeal would be slight and if it were to win the appeal, the City of Des Plaines would not be taxed for the cost of the Master's Report. Vel your Committee on Judiciary, therefore recommend: That the ruling of the Circuit -Court of Cook County, when obtained from the Chancellor, be appealed• and that the City of Des Plaines decline to enter into a consent decree with Cities Service. /s/ Mary V. Neff /s/ Donald E. Moehling /s/ A. J. Prickett On motion by Alderman Neff and seconded by Moehling, the Council concurred in the report. APPROVAL OF BILIS. Alderman Prickett 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: $26,604.72 (A copy of resolution placed before each Alderman and on file with the Clerk). 'The motion was made by Alderman Prickett and seconded by Figard to adopt the resolution. The Mayor put the question and the Clerk called the roll. Ayes: Alderman Neff, Moehling, Flauter, Figard, Prickett, Tistle, Massman, Jackson, Rateike, Blume and Wright. Nays: None. The Mayor declared the motion carried. The motion was made by Alderman Prickett and seconded by Figard to approve Hartman bill for $45.15 which was held out last meeting. The Mayor put the question and the Clerk called the roll.Ayes: Alderman Neff, Moehling, Flauter, Figard, Prickett, Tistle, Massman,:Jackson, Rateike, Blume and Wright. Nays: None. The Mayor -declared the motion carried: The Clerk read two reports from Attorney Dowd. One letter that the Plaines Building Corporation did not intend to remove trees from the parkway and the other letter that there is no law against issuing vehicle license without charge to Police officers and firemen. ACME -WHEY CORPORATION LETTER ON SIGN PERMIT. The Clerk read the above letter which was referred to the Building Control and Inspection Committee. The Clerk read a letter from the Superintendent of the C. & N. W.Railroad that the dumping of straw on Miner Street was being investigated. The. Clerk was instructed to call the station agent if he received any notice of this from the Superintendent. H -H ELECTRIC COMPANY LETTER -TRAFFIC CONTROL MAINTENANCE The Clerk read a letter from the above regarding his contract on Traffic Control Maintenance. The letter was referred to the City Engineer and Superintendent Warnicke. DRIVEWAY APPLICATION RIVER ROAD AND TOUT AVENUE. An application for driveway at,the above streets was referred to the Street Committee. At Alderman Rateike's .request, the question of adequate sewer on Washington and Brown Streets, due to apartment buildings, was referred to the Sewer Committee and Superintendent Warnicke. CHAMBER OF COMMERCE LETTER. The Clerk read the above letter regarding lights in Northside Parking Lot and sign to be installed near the Toll Road, indicating business district. Alderman Massman had reported the lights are being installed in the parking lot and the Clerk is to write if the Chamber of Commerce will furnish signs, the City will install them where desired. 9/8/59 -5- Alderman. Moehling requested that it be referred to the Street Committee, regarding making Fifth Avenue one-way. Also to refer to the Street and -license and Inspection Committees about rerouting the bus off of Fifth Avenue. Alderman Moehling requested that regarding sidewalks at Oakton and Wolf Roads be referred to the Board of Local Improvements. -- Alderman Moehling requested traffic on Fift i Avenue be referred to the Street Committee. Alderman Neff and Moehling requested the extension of Fourth Avenue from Lincoln to Oakton be referred to the Plan Commission and the Municipal Development Committee. Engineer Fletcher is to contact the County Highway Department about widening Touhy Avenue and sidewalks. ADJOURNMENT. The motion was made by Alderman Prickett and seconded by Tistle to adjourn. The motion was voted upon by acclamatiqn. • Otto W. J.H.' • ich City Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL,I S' PIA NES, ILLINOIS, HELD IN'THE COUNCIL ROOM, CITY HALL, SEPT. 21, 1959 at 8:00 P. M. CALL TO ORDER The meeting was called to order by Mayor Herbert H. Behrel, who presided with Alderman Neff, Moehling, Flauter, Figard, Prickett, Tistle, Massman, Bell, Jackson, Callaghan, Rateike and Wright responding to roll call. APPROVAL OF MINUTES. The motion was made by Alderman Wright and seconded by Figard to approve the'minutes of September 8, 1959. The motion was voted upon by acclamation. ENGINEER FLETCHER reported on Well No. 5 and said he thought by the next meeting he could give the final cost. Alderman Bell requested from Attorney Dowd an opinion on gasoline service station. After discussion-, on motion by Alderman Massman and seconded by Blume, the attorney is to present an amendment of Zoning Ordinance C-2 and C-3, regarding 300 feet from certain buildings. • Alderman Callaghan reported that Attorney Burke had withdrawn the application to increase liquor stores. Alderman Bell reported that the Municipal Development Committee -had investigated regarding vacating alleys south of Amling Toy Store and found the amount of' alleys to be vacated has been:educed to 1/3 the original square foot area. Appraiser re-evaluted the area since the original estimate was based on.Ccmnnercial property. This is to be multi -family development. The Committee recommends alley be vacated upon payment of $1,250.00 representing approximately 62.5 cents per square foot. On motion by Alderman Bell and seconded by Prickett, the Council concurred in the report. Alderman Jackson reported the following on speed limit signs on Fifth Avenue: "Your Committee on Streets and Traffic has investigated the above and has found: this stretch of road serves two elementary schools - Forest and Algonquin. The present traffic moves down this street at speeds incacess of 25 mph and creates a hazardous condition for school children and Fifth Avenue residents. Attached is supporting petition signed by 85 Fifth Avenue residents.