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04/02/19561 C„ ICY 01-4 3-26-56 The motion was made by Alderman Wolf and seconded by Tures to adjourn. The Mayor put the question and the Clerk called the roll; Ayes: Alderman Tistle, McKay, Davis, Tures and Wolf. Nays: Alderman Nelsen, Bell, Schubert, Dunlap, Neff, Martin and Behrel. The Mayor declared the motion lost. The motion was made by Alderman Martin and seconded by Tistle to employ John Burke for the Meyer Company case. On motion by Alderman Davis and second by McKay the employment. of the attorney was tabled to next Monday Council meeting. Parking on Western Avenue and Northwest Committee. ADJOURNMENT. The motion was made by Alderman The motion was voted upon by acclamation. Highway was referred to the Police Dunlap and seconded by Nelsen to adjourn. Otto W �+ . Henrich City C . rk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN THE COUNCIL ROOM, CITY HALL, APRIL 2, 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, Bell, McKay, Davis, Schubert, Tures, Wolf, Neff, Wexler, Martin, Behrel and Tistle responding to roll call. Alderman Dunlap and Prickett were absent. The Mayor informed the Council that Scouts of Troop 42 and Explorer Post 142 at Congregational Church for Citizenship in the Community Merit Badge were in attendance. They were in charge of Don Fink, Explorer Advisor and Charles Robinson, Troop 42 Advancement Chairman. OFFICIAL REPORTS. The Clerk submitted the reports of Treasurer for February and Clerk, Building Commissioner and Nurse and Welfare for March. CITY ATTORNEY LOMNEN EIEY REPORT ON PREMIER ROSE GARDENS DISANNEXATION. The Clerk read the following report: The City Clerk has sent to me a summons served upon him on March 26, 1956, in the matter of The Premier Rose Gardens, Consolidated, a corporation, Otto A. Bauske and Myrl E. Bauske, against the City of Des Plaines, which case is No. 56 C 3868. In this matter the petitioners or plaintiffs seek to disconnect from the City of Des Plaines property described in paragraphs 1 and 2 in the Petition being the same property in the suit brought by the same persons to hold Des Plaines zoning laws invalid. This proceedings is apparently brought under paragraph 7-42 of the Cities and Villages Act of Illinois and absent the annexation of Orchard Place by referendum on yesterday, the petitioners would have been entitled to the granting of their prayer for disconnection. Howeter, with the annexation, of Orchard Place the tracts described in the Petition are no longer located on the border of Des Plaines and therefore the petitioners are not entitled to disconnect unless the Courts should hold that the status as of the date of the filing of the Petition controls rather than the status on the date of any decree. It is therefore my recommendation that an answer be filed on behalf of the City denying the allegation of paragraph 6 of the Petition as to the location of the land on the border of the City and therefore denying that plaintiffs are entitled to disconnect. If requested, I will be glad to handle this matter on behalf of the City of Des Plaines. (Signed) Lommen D. Eley On motion by Alderman Behrel and second by Bell the Council approved to have Attorney Eley handle the matter. 346 4-2-56 M. S. HOWARD REPORT ON PREMIER ROSE GARDENS. The Clerk read the following report: As you probably know, the plaintiff has completed proofs before the Master in Chancery in the case of Bauske and Premier Rose Gardens against the'City of Des Plaines, involving approximately 140 acres of property in the 7 icinity of Touhy and Mannheim Road in Des Plaines. As some of you know, the Master in Chancery has held a conference with a view to settlement of this matter. It is my understanding that the prospects of settlement seem to be remote and that the City should proceed with its defense before the Master in Chancery. I should like to point out that the plaintiff has introduced approximately 700 pages of testimony and has offered seven expert witnesses in delivering this testimony. In order to properly combat this case it will be absolutely essential that we likewise offer a 'substantial amount of testimony and that we retain for this purpose anywhere from four to six expert witnesses. These witnesses will cover primarily the questions of proper planning, real estate values, etc. Real estate experts usually obtain al fairly sizable fee for their services. In the past I have not usually asked the Council for special authority to retain expert witnesses. In view, however, of the magnitude of this case,Ithe number of witnesses and, the probable costs to be incurred, I felt it would'be'better if I reported to you on this matter and obtained a general authority td retain experts. I do not wish to be bound if possible by any specific dollar limitation. I do feel, • however, that after proper presentation of this case we have a good fighting chance to win. It is conceivable that it may take an appeal to the Supreme Court to do it. I should like, therefore, to have the general authority of the Council to retain and to pay from city funds such real estate planning and zoning experts that I feel to be essential to the proper conduct of a defense in his matter. As a rough estimate I would guess at this time that we should retain approximately six to eight experts. It is also my estimate that the average fees chargeable by such experts will be approximately $100.00 for examination of the property and appearance in court. This would mean an expense of approximately $800.00 estimated At this time for expert witnesses. I should like not to be bound by such a figure if possible and if the Council feels a maximum figure should be set, would suggest not less than $1,000 and perhaps up to $1500 for this purpose. In!addition, I shall have to have some cartographic and photographic evidence which may run from $100.00 to several hundred dollars in total and should like to have a general authority to expend sufficient sums for this purpose as well. 1 1 It is also necessary at this time to call your attention to stenographic charges. I have agreed with the attorney for the plaintiff to share a court reporter which reduces the stenographic charges on both sides. Because of the tre- mendous volume of testimony already taken and written up, the court reporter's bill for the plaintiff's case alone has come to the sum of $1271.70. I am enclosing a statement for one-half of this amount which I have obligated the city of pay and should like to have a check at your early convenience for the same. I should like to point out that this is the court reporter's charges accruedthus far for the plaintiff's case. There will be additional charges as the city, as defenant, proceeds with its case. I would hope, but not necessarily expect, thatjthe reporter's charges for the defendartfs case will be less than that already obligated for the plaintiff. I realize that I am speaking in substantial amounts, but should like to call your attention to the fact that we are also defending against an industrial invasion of a very substantial amount of the city's vacant property. There seems to be no alternative to a proper defense of this matter to expending these amounts. I should like very much to be advised that I have authority to proceed in this respecj. (Signed) Marschall S. Howard On motion by Alderman Bell and second by Martin, Attorney Howard is authorized the expenditure a maximum of $1,500.00 for expert witnesses. 1 4-2-56 APPROVAL OF MINUTES. The motion was made by Alderman Wolf and seconded by Behrel to approve the minutes of March 19, 1956. Alderman McKay requested a correction that on page 5 the Special Committee to determine need for engagement of efficiency expert, Alderman Behrel, Wexler, McKay and Tures, had been approved. The motion was then voted' upon by acclamation with correction made. CAREBUILT PIAT REFERRED BACK TO PLAN COMMISSION. Alderman Schubert reported the Municipal Development Committee had investigated the plat and found that the information supplied is incomplete and does not conform to Chapter 7 of the City Ordinances. The Committee recommends that the matter be returned to the Plan Com- mission to complete the necessary plans. On motion by Alderman Schubert and second by Tures the Council concurred in the report. EDGEBROOK SUBDIVISION PLAT. Alderman Schubert reported the Municipal Development Committee investigated and found that the lots are all above minimum size; that the subdivider has agreed in writing to make the public improvements except for sidewalks and sewers; that the City Engineer has approved the plans and that seepage tests have been made which show the land fit for septic tank systems. trD 'We, your Committee on Municipal Development, therefore recommend: That the Mayor and City Clerk be authorized to sign the plat and thereby approve the same only after a suitable performance bond has been given the City and approved by the City Attorney. The bond to be $25,000.00. d (Signed) Dana T. Schubert (Signed) H. H. Behrel The motion was made. by Alderman Schubert and seconded by Behrel to concur in the report. There being objection by Alderman Wolf on no sidewalks, the Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, McKay, Davis, Schubert, Tures, Neff, Wexler, Behrel and Tistle. Nays: Alderman Bell, Wolf and Martin. The Mayor declared the motion carried. 1 SEPTIC TANK APPROVED 11OAKWOOD AVENUE. On motion by Alderman Wolf and second by Tistle the Council approved the application for septic tank at 115 Oakwood Avenue. PRASSAS SIGN RAND ROAD. On request of Alderman Wolf the application for sign on Rand Road was referred to the Building Control and Inspection Committee. TO CERTIFY ONE POLICE PATROLMAN. On motion by Alderman McKay and second by Tures the Council approved to have the Fire and Police Commission certify one police patrolman. Alderman Bell reported that the Street Committee recommends to have the stop sign on Algonquin Road and Third Avenue: for a ninety day trial period, move west sign east to the point where it would be placed if Third Avenue went straight south from the north street of Third Avenue instead of jogging to the west. On motion by Alderman B011 and second by Martin the Council concurred in the report. PARKING AT CUMBERLAND STATION. Alderman Bell reported the Street Committee investi- gated the above and recommend Mayor or Clerk to request State US surface parkway. sufficiently to permit diagonal parking on southwest side of Northwest Highway adjacent to Cumberland Station. On motion by Alderman Bell and second by McKay the Clerk was instructed to write the.State Highway Department. DRIVEWAYS AT SERVICE STATION SFFIGERS AND WOLF ROADS. On request and motion by Alderman Bell which was seconded by Martin the Council approved to allow two 35 foot driveways on Wolf Road and one 30 foot driveway on Seegers Road for the Servide Station. Alderman Wolf made the motion to have the City Engineer prepare plans for enlarging flume. Alderman Wexler informed the Council that Engineer Fletcher has IIIalready prepared specification and the Sewer Committee will meet to check same. 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 PAYABIE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE . PAYMENT FOR SAME. (A schedule of bills placed before each Alderman and on file withCity Clerk.) 4-2-56 APPROVAL OF BILLS. (Cont' d. ) Total $29,285.63. The motion was made by Alderman Behrel and seconded by Schubert to adopt the resolution. The Mayor put the question and the Clerk called the roll; Ayes: Alderman Nelsen, Bell, McKay, Davis, Schubert, Tures, Wolf, Neff, WeXler, Martin, Behrel and Tistle. Nays: None. The Mayor declared the motion carried. The Finance Committee was instructed to check regarding a new census be taken. On motion by Alderman Neff and second by Tistle the Council approved to charge ten cents for one sheet and two cents for each additional sheet for amendments to the codes. The Clerk informed the Council that the Zoning Board had approved three intensity use of lot variations, 1288 Van Buren, 235 N. Wolf and 1846 Spruce. ZONING BOARD REPORT ON NORTHWEST CORNER OAKTON AND WOLF ROADS. The Clerk read the report of Zoning Board denying the rezoning to Commercial at Oaktonand Wolf Road. The motion was made by Alderman McKay and seconded by Davis toiconcur in the report. There being some question regarding this rezoning, the motion was made by Alderman Wolf and seconded by Martin to table to next meeting. The Magor put, the question and the Clerk called the roll: Ayes: Alderman Nelsen, Bell, Davis, Tures, Wolf, Neff, Wexler, Martin, Behrel and Tistle. Nays: Alderman McKay and Schubert. The Mayor declared the motion carried. ZONING BOARD DENY THE REZONING THE SOUTHEAST CORNER SEEGERS AND WOLF ROADS. The Clerk read the report of Zoning Board denying the rezoning to Commercial the south— east corner Wolf and Seegers Roads. On motion by Alderman McKay and second by Wolf the Council concurred in the report. ADOPT FOUR—WAY STOP ORDINANCE GRACELAND AND THACKER STREETS. The Clerk read for second reading the four—way stop ordinance for Thacker and Graceland; Avenues. The motion was made by Alderman Behrel and seconded by Martin to adopt the ordinance. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, Bell, McKay, Davis, Schubert, Tures, Wolf, Neff, Wexler, Martin, Behrel and Tistle. Nays: None. The Mayor declared the motion carried. LETTER FROM MR. L. SMAAGE, SUPERINTENDENT OF SCHOOLS. The Clerk read :a letter from Mr. Smaage replying to Clerk's letter suggesting the teachers at South School park their autos on school parking lot. Mr. Smaage said the school had no parking lot although there is a black top area which is not for parking. APPOINTMENTS TO PLAN COMMISSION APPROVED. The Council approved the appointments of the following, on motion by Alderman Wolf and second by Bell: Harry Reeves, 644 Fourth Avenue, Chairman John H. Geiger, 1773 Linden Street Conrad J. Freeman, 884 Third Avenue CANVASS OF ORCHARD PLACE ANNEXATION ELECTION. On motion by Alderman Wolf and second by Bell the Council approved to canvass the election returns of Special Election, March 27, 1956, on annexation of Orchard Place area. The Mayor appointed Alderman Bell, Nelsen and McKay as the Committee to canvass the returns. TheClerk informed the Council that the Judges of one of the precincts had enclosed the tally sheet in the ballot sack and it would be necessary for the Council to approve the opening of same. On motion by Alderman Behrel and second by Martin the Council approved to allow the City Clerk to open sack to extract the tally sheets.) The Mayor declared a recess and after recovening, on motion by Alderman Nelsen and second by Bell, the Council adopted the resolution declaring that the property was annexed. ADOPT ANNEXATION ORDINANCE ORCHARD PLACE AREA. The Clerk read for first reading the annexation ordinance. The motion was made by Alderman Schubert and seconded by Behrel to suspend the rules and adopt the ordinance. The Moor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, Beli,McKay, Davis, Schubert, Tures, Wolf, Neff,Wexler, Martin, Behrel and Tistle. Nays: None. The Mayor declared the motion carried. The motion was made by Alderman Behrel,and seconded by Bell to adopt the ordinance. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, Bell, McKay, Davis, Schubert, Tures, Wolf, Neff, Wexler, Martin, Behrel and Tistle. Nays: None. The Mayor declared the motion carried. 39 4-2-56 SPECIAL COMMITTEE ON ANNEXED AREA. The motion was made by Alderman McKay and seconded by Tures to approve the special committee for the annexed area appointed by the Mayor. The following are the members: Alderman Bell, Nelsen and Wexler. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Nelsen, Bell, McKay, Schubert, Tures, Wolf, Behrel and Tistle. Nays: Alderman Neff, Wexler and Martin. The Mayor declared the motion carried. FIRST READING ORDINANCE TO AMEND DOG ORDINANCE. The Clerk read for first reading the ordinance requiring dogs coming in possession of dog warden being inoculated before release. The Mayor ordered the ordinance placed on file for second reading. FIRST READING INTENSITY USE OF IAT ORDINANCE. The Clerk read for first reading the Intensity Use of Lot Ordinance. On motion by Alderman Nelsen and second by Tistle the ordinance was referred to the Code Committee, City Attorney and Zoning Board to call a public hearing. FIRST READING "FIRE CHZ'" ORDINANCE. The Clerk read for first reading the ordinance to change "Fire Marshal" to "Fire Chief". The motion was made by Alderman Neff and seconded by Martin to suspend the rules and place the ordinance on passage. The Mayor.put the question and the Clerk called the roll: Ayes: Alderman Bell, Neff, Martin and Tistle. Nays: Alderman Nelsen, McKay, Davis, Schubert, Tures, Wolf, kni o Wexler and Behrel. The Mayor declared the motion lost. On motion by Alderman 01-; Behrdl and second by Tures the ordinance was referred to City Attorney Eley. Alder- �t man Neff will contact Mr. Eley. FIRST READING NUISANCE ORDINANCE CERTAIN LIGHTS. The Clerk read for first reading an ordinance to declare the maintenance of certain lights on non-residential premises a nuisance, requiring the shading thereof. The Mayor referred the ordinance to Street Committee. LETTER FROM ATTORNEY E. 0. DAW REQUESTING THE VACATING OF PART OF JARV IS STREET AT NORTH END OF IAT 1 IN ORCHARD ESTATES. The Mayor referred the letter to the Street Committee. TETTER ON AUDIT FOR 1956 ARTHUR WEINER. The Clerk read a letter from A. Weiner regarding 1956 Audit. The Mayor referred the letter to the Finance Committee. ZONING VARIATION APPLICATION 1329 HAZEL COURT. The Clerk informed the Council he had a zoning variation application 1329 Hazel Court. On motion by Alderman Martin and second by Behrel the application referred to the Zoning Board to call a hearing. ZONING VARIATION APPLICATION 1680 PROSPECT AVENUE. The Clerk informed the Council he had a zoning variation application 1680 Prospect Avenue. On motion by Alderman Behrel and second by Bell the application was referred to Zoning Board to call a hearing. ZONING VARIATION APPLICATION 8% JEANNETTE AVENUE. The Clerk Wormed the Council he had a zoning variation application 894 Jeannette Avenue. On motion by Alderman Wolf and second by Behrel the application was referred to Zoning Board to call a hearing. The Clerk read an invitation to the Aldermen to attend the Solemn Mass of Thanksgiving and reception commemorating the Silver Jubilee of the Ordination to the Holy Priesthood of the Reverend Thomas Joseph Hanley, April 15, 1956.' Reception, seven to nine -thirty. The Mayor reported on meeting with Mayor Daly of Chicago regarding disannexing the north half of Higgins Road so Chicago could annex same. The Mayor requested opinion of Council. On motion by Alderman Neff and second by Behrel it was referred to the Council as a Committee of the Whole. At request of Alderman Tures the Council will meet as a Committee of the Whole on April 12, 1956, with Engineering Company in regard Water District. Alderman Tistle requested the Clerk write the State Highway Department about traffic count at White and Oakton. The Mayor referred a letter to the Street Committee which Alderman Davis had read about parking in the Cumberland Area and Northwest Highway. 350 4-2-56 TO CERTIFY ONE SEWER MAINTENANCE MEN. On motion by Alderman Wexlerand second by Behrel the Civil Service Commission is to certify one sewer maintenance man. TO CERTIFY THREE STREET MAINTENANCE MEN. On motion by Alderman Bell and second by Neff the Civil Service Commission is to certify three street maintenance men. TO CERTIFY TWO MAINTENANCE AEN FOR WATER DEPARTMENT. On motion by Alderman Tures and second by McKay the Civil Service Commission is to certify two maintenance men for the Water Department. CITY ATTORNEY TO CHECK ON ANNEXING AREA NORTH OF TOUHY SURROUNDED BY CITY LIMITS. Om motion by Alderman Schubert and second by Bell the Attorney Eley is to check the above. On motion by Alderman Neff and second by Martin the penalty date on vehicle license for Ordhard Place area was referred to the Special Area Committee. The Mayor referred to the Public Buildings and Grounds Committee the storing of Civil Defense equipment at Warehouse. ADJOURNMENT. The motion was made by Alderman Martin and seconded .by Wolf to adjourn to Monday, April 9, 1956, at 8:00 P.M. The motion was voted upon by acclamation. ADJOURNED MEETING OF THE CITY COUNCIL, DES PLA INES, ILLINOIS, HELD IN THE COUNCIL ROOM, CITY HALL, APRIL 9, 1956, AT 8:00 P.M. CALL TO ORDER. The meeting was called to order by City Clerk Ienrich, due to absence of the Mayor, wits Alderman Nelsen, Bell, McKay, Davis, Schubert, Dunlap, Tures, Wolf, Neff, Wexler, Martin, Behrel and Prickett responding to roll call. &lderman Tistle was absent. On motion by Alderman Schubert and second by Behr01 the Council appointed Alderman Wolf Chairman pro tem. Chairman pro tem Wolf informed the Council that it had adjourned the meeting to tonight to discuss the Meyer Coal Company case and invited Alderman Martin to the rostrum to present the facts. After considerable discussion the motion was made by Alderman Martin and seconded by Dunlap to employ John Burke to study the past proceedings and iniwo weeks give an opinion. The motion was made by Alderman Nelsen and seconded by Davis to table so that a report may be received from Marshall Howard. The Chairman pro tem put the question and the Clerk called the roll: Ayes: Alderman Nelsen, Davis, Schubert, Tures, Wolf, Behrel and Prickett. Nays: Alderman Bell, McKay, Dunlap, Neff, Wexler and Martin. The Chairman pro tem declared the motion carried. On motion by Alderman Davis and second by McKay the Clerk is to write to Mr. Howard to present a written report. ZONING VIOLATION. The Clerk informed the Council of a complaint by a Mrs. Genevie Cass, 1333 Webford Avenue, about the parking of large trucks at all:hours of the night at 1339 Webford Avenue. On motion by Alderman Schubert and second by Dunlap the matter was referred to Building Commissioner to investigate. VEHICLE LICENSE ORCHARD PLACE AREA. The motion was made by Alderman Bell and seconded by Nelsen to allow time to purchase vehicle license in Orchard Place area to May 15th. The motion was made by Alderman McKay and seconded by',Dunlap to refer to License Committee to check with City Attorney about amending the:vehicle license ordinance to allow 30 days. The motion was voted upon by acclamation.