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07/16/1956382 MINUTES OF THE REGULAR MEETING OF TBE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD 1N COUNCIL ROOM, CITY HALL, �`ULY 16. 1956, AT Hr00 P.M. CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Peyer with Alderman Davis, Dunlap, Wolf, Neff, Wexler, Martin, Tistle, Andqtlelsoa responding to roll call. APPROVAL OF MINUTES. The motion was made by Alderman Davis and seconded by Wolf to approve the minutes of July 2, 1956. Alderman McKay requested the motion of Alderman Bell on truck limit ordinance Cumberland Terrace be corrected by eliminating "and to have first reading of ordinance." The motion was voted upon by acclamation with correction made. OFFICIAL REPORTS. The Clerk submitted the monthly report of City Treasurer. City Attorney Eley reported that he had prepared an amending Sales Tax Ordinance. The State R4venue Department had ruled that the Sales Tax was to take effect July 1, 1956, so an amending ordinance to make it August 1, 1956, would have to be adopted. If not adopted, the Des Plaines merchants would be forced to pay the sales tax for July. Alderman Bell made his appearance at this time. Building Commissioner Rieck reported he had investigated about steam pipe from clothing store at tee and Algonquin shopping district and said that the owner used a pressing machine in his business and that it was only a small puff of smoke that condensed quickly. Alderman Wolf reported on the petition of property owners to allow Lawndale Concrete Company to erect a fence at 1460 Oakton Street.to conceal the material on that property. The Building Control Committee investigated and found the petition contrary to our ordinance and therefore not in our jurisdiction and that the petition be denied. The Mayor informed Alderman Wolf that a new petition had been reca.ived to stop the zoning violation at that place and the Mayor referred the matter to City Attorney Eley to prosecute if violation is not eliminated. 1 The Mayor informed the Council that Police Department are refusing certain information to the press and the City Attorney gave an opinion on the subject. At request that it be referred to a Committee, the Mayor referred same to the Police Conmaittee with members of the press. PETERSON SUBDIVISION SEWER ON FOREST AVENUE. Alderman Wexler reported that the property owner agreed to vacate land for Forest Avenue in order that Peterson's Subdivision sewer could be installed in that street. On motion by Alderman Wexler and second by Neff it was referred to City Attorney Eley to contact ',the owner to proceed with vaaation;.. Alderman Dunlap reported on Elm Tree'disease and the motion was made by Alderman Dunlap and seconded by Wolf to use the balance of appropriation for spraying and trimming the trees. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Davis, Dunlap, Wolf, Neff, Wexler, Martin, Tistle, Nelsen and Bell. Nays: None. The Mayor declared the motion carried. ADVERTISE FOR BIDS LIGHTSi CAR STOPS AND BLACK TOP PARKING LOTINO. 2. On motion by Alderman Nelsen and second by Wolf the City Council is to advertise' for bids on the above to be returned August 6, 1956. Alderman McKay made the follqwing report of the Special Library, Committee: (The following report was sent to Clerk): As suggested by the Mayor, a meeting of the Committee of the Whole was called for the evening of July 5th with the Library Board, to discuss location for the proposed new library building, etc. In addition to myself, only Miss'Neff and Messrs. Davis, Dunlap and Eley put in an appearance. Mr. Prickett could not attend because of absence from city. At%the meeting it was agreed the Library Board would engage a local realtor to assist in finding a suitable location. It was also agreed that the matter of publicity for the loan referendum, tentatively set for October, should be progressed without further delay. Accordingly, President Schalk of the Library Board, will have a meeting with the publicity sub- committee Tuesday at 7:45 P.M. in the Mayor's office. 1 7-16-56 ALDERMAN MC KAY'S REPORT (Cont'd.) 38$ I will not be present at this meeting and will appreciate it especially if Messrs. Prickett and Martin of the Special Library Committee can be on hand. Please include this report in the minutes. (Signed) S. E. McKay, Ch. Special Library Committee The Mayor ordered the report placed on file. 'Alderman Bell reported of Orchard Place Area meeting and said the people in the area are being given information at these" meetings. The Street Committee and Superintendent Warnicke to investigate what streets in the area can be inproved in the Area at present time. APPROVAL OF BILLS. Alderman Martin, Vice -Chairman of the Finance Committee, presented the following resolution: BE IT RESOLVED BY THS CITY COUNCIL Era 1 OF THE CITY OF DES PLAINES, THAT THE FOLLOWING BILIS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total $20,024.96. (A schedule of bills placed before each Alderman and on file with City Clerk.) The motion was made by Alderman Martin and seconded by Dunlap to adopt the resolution. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Davis, Dunlap, Wolf, Neff, Wexler, Martin, Tistle, Nelsen and Bell. Nays: None. The Mayor declared the motion carried. Alderman Schubert made his appearance at this time. The City Clerk informed the Council he had received a reply from the Illinois Commerce Commission, that the first time one of their engineers is in this area investigation would be made regarding Cumberland Station. ZONING ORDINANCE ORCHARD PIACE AREA ADOPTED. The Clerk read for second reading the Zoning Ordinance to residential the Orchard Place Area bounded by Touhy Avenue on the North, by River Road on the east, by Devon Avenue and Higgins Road on the South and by Soo Line Railroad on the west. The motion was made by Alderman Bell and seconded by Nelsen to adopt the ordinance. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Davis, Schubert, Dunlap, Wolf, Neff, Wexler, Martin, Tiatle, Nelsen and Bell. Nays: None. The Mayor declared the motion carried. FIRST READING SIGN ORDINANCE. The Cletk read for first reading the Sign Ordinance Section 216. The Clerk read for first reading the square feet sign ordinance. The motion was made by Alderman Wolf and seconded by Tiatle to have 120 square feet inserted in ordinance. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Davis, Schubert, Wolf, Wexler, Martin, Tistle, Nelsen and Bell. Nays: Alderman Dunlap and Neff. The Mayor declared the motion carried. On motion by Alderman Schubert and second by Dunlap that "Aldermen present" be changed to "Alder- men elected" was approved. The motion was made by Alderman Neff and seconded by Dunlap to insert at the eighth line "upon unanimous recommendation of the Architec- tural Commission." The motion was made by Alderman Wolf and seconded by Tistle to amend that motion to "majority vote of the Commission." The Mayor put the question on the amending motion and the Clerk called the roll: Ayes: Alderman Davis, Wolf, Wexler, Martin, Tistle, Nelsen and Bell. Nays: Alderman Schubert, Dunlap and Neff. The Mayor declared the motion carried. The ordinance was placed on file for second reading. ADOPT SALES TAX AMENDING ORDINANCE. The Clerk read for first reading the amending Sales Tax Ordinance defining August 1, 1956 as effective date. The motion was made by Alderman Wolf and seconded by Bell to place the ordinance on passage. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Davis,. Schubert, Dunlap, Wolf, Neff, Wexler, Martin, Tistle, Nelsen and Bell. Nays: None. The Mayor declared the motion carried. The motion was made by Alderman Wolf and seconded by Schubert to adopt the ordinance. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Davis, Schubert, Dunlap, Wolf, Neff, Wexler, Martin, Tistle, Nelsen and Bell. Nays: None. The Mayor declared the motion carried. 384 7-16-56 'EDDLETS LICENSE AMENDING ORDINANCE NOT ADOPTED. The Clerk read for second reading the Peddler's License Ordinance regarding peddlers using vehicle neither motor or engine nor horse drawn to be $25.00. The motion was made by Alderman Martin and seconded by Neff to adopt the ordinance. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Dunlap, Neff, Wexler, Martin, Tistle, Nelsen and Bell. Nays: Alderman Davis, Schubert and Wolf. The Mayor declared the motion lost. STANDARD OIL COMPANY APPLICATION DRIVEWAYS. The Clerk informed the Council he had a plat request for driveways Standard Oil Company Service Station Elm and Oakton Streets. The Mayor referred same to the Street Committee. PETITION TO VACATE AMHERST AVENUE FORMERLY CUMBERLAND PARKWAY. The Clerk informed the Council he had the above petition for vacation of Street. The Mayor referred same to Street Committee. PRINCE CASTIE COMPANY REQUEST FOR FEE PARKING LOT. The Clerk informed the Council he had an application for parking let Prince Castle, 709 Lee Street, lihere they would charge a fee. The Mayor referred same to the .Parking Meter Committee: RIVERWOOD SUBDIVISION PLAT. The Clerk presented a plat which had been approved by the Plan Commission. The Mayor referred the plat to the Municipal Development Committee. The Clerk informed the Council that Chief Kolze had received two letters, from the Park Ridge Fire Chief and City Manager, thanking the Des Plaines Fire Department for their assistance at the fire in Park Ridge, July 2, 1956. The Mayor.ordered them placed on file. The Mayor declared a recess so the Aldermen could meet with Attorney Burke and property owners regarding the Meyer Coal Company Case. After reconvening, Attorney Burke read the following: Suit was filed December 1, 1950 in the Circuit Court of Cook County. The defendant operates a building material yard north of Thacker Street, west of Wolf Read and of the branch line of the Chicago and North Western Railway within the City of Des Plaines, Illinois. The City seeks to stop operation of a hopper and of carshaking machinery; and to restrain the defendaht from causing dust, vibration and pulsating noises, in violation of the zoning ordinance of the City of Des Plaines. No ruling has been made which has a determinating effect upon the lawsuit. The case stands referred to Arthur A. Sullivan, Master in Chancery. Six witnesses have testi- fied on behalf of the City of Des Plaines as to the dust, noises, andvibrations caused by the operation. We would recommend offering additional evidence, viz.: (1) Prepare a map of the area showing the locations of the residences and other property within a radius of a half mile of the !material yard. (2) Have two experts on valuations testify as to the effect of the operation of the material yard upon the value of the surrounding residences and other property. (3) Procure any additional testimony in keeping with theltestiinony which has already been produced. The defendant urges that the issuance of a permit by the Building Commissioner of Des Plaines for the building of its structure is a defense. In ouriopinion, the issuance of the permit cannot have the effect of nullifying the zoning ordinance. The issuance of the permit is not a defense. The defendant urges that the section of the zoning ordinance limiting the height of buildings in the zone of light manufacturing has no relation toithe public welfare add, consequently, is not enforceable. It urges that there is no limitation as to height in the residential area, nor in the commercial, nor in the•heavy manufacturing area. While the court may determine that this point has merit, it should not determine the ultimate result of the case. 1 C 1 1 385 7-16-56 The issuance of an injunction is discretionary. Defendant claims that it acted in good faith in building the structure, and that the structure is strictly in accord with the_permit and with the plans submitted to. the City. The defense will likely prove that an injunction will cause defendant to suffer a loss which they will contend will be grater than the benefit to the owners of the surrounding property that the court in exercise of discretion should not issue an injunction. In our opinion, this last proposition is the most serious defense. We understand that Meyer Coal and Material Company is willing to compromise the litigation on the following basis: (1) Meyer Coal will deposit $5,000 with any responsible person to be used to erect a fence approximately 1,000 feet along the Chicago and North Western Railroad right-of-way commencing at Wolf Road and running west. This fence is to be erected on the land of the property owners whose properties abut the railroad right-of-way. Meyer Coal will assume no responsibility to the maintenance of the fence. Meyer Coal will not have a sandpile in excess of 25 feet in height. Meyer Coal will pay one-half of the Master's fee which, we have been told, is $1,000. Meyer Coal will agree that no building or other structure will be erected on its premises which exceeds 45 feet in height. Meyer Coal will .limit its work hours in the material yard to begin not before 6:30 a.m. and end at 7:30 p.m. on weekdays and no work on Sundays. This shall not apply in the event of some casualty or other unforseeable event creating an emergency. The compromise agreement will be embodied in a consent decree to be entered in the case in the Cirbuit Court. The property owners along the right-of-way will either sign the settlement agreement or approve the decree. Considering the desirability of this proposal from the point of view of the surround- ing property owners, the expense to the City of carrying'on the litigation,, and the possibility of the court granting only a part of the relief sought, we believe.this compromise settlement is better then carrying on the litigation. (Signed) John T.•Burke After some discussion the matter was tabled until August 6, 1956 meeting to give the property.owners an opportunity to consider, on motion by Alderman Martin and second by Neff. LETTER FROM CHURCH OF CHRIST IN HOMELAND ACRES.SUBDIV ISION. The Clerk read the above letter requesting installation of City Water. The Mayor referred the letter to Water Committee. TRAFFIC HAZARD PARK VIEW LANE AND BUSSE HIGHWAY. At request, the above was referred to Safety Council. The motion was made by Alderman Wolf and seconded by Schubert the Attorney draft an ordinance requiring permit to build fence. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Davis, Schubert, Wolf and Tistle. Nays: Alderman Dunlap, Neff, Weiler, Martin, Nelsen and Hell. The Mayor declared the motion lost. ORCHARD .PLACE STREET LIGHTS. On motion by Alderman Bell and second by Nelsen Superintendent.Warnicke was instructed to proceed to have Public Service Company install street lights in Orchard Place Area. On motion by Alderman Dunlap and second by Schubert Superintendent Wernicke was instructed to make bacteria test for pollution in Weller Creek. Alderman Schubert reported of County Zoning hearings in Mt. Prospect Village Hall, July 26,1956, at 7:00 P.M. on rezoning at Elmhurst Road near Oakton Street. ADJOURNMENT. The motion was made by Alderman Wolf and seconded by Davis to motion was voted upon by acclamation. Otto W. J. Heinrich Cit lerk journ. The