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022119491 /9'.S MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, MONDAY, FEBRUARY 21, 1949. AT 8:00 P.M. CAlik p OR➢ER. The meeting was called to order by Mayor G. Walter Pflughaupt, who presided with Alderman Johnson, Alderman Hansen, Alderman Vavrinek, Alderman Wolf, Alderman Kehe, Alderman Baines, X 4/ % Alderman McKay, Alderman Halvorson and Alderman Morava responding to roll call. Harm was absent the entire meeting. OFFICIAL REPORTS. The Clerk submitted the annual report of the Public Library Board. The Clerk also submitted the following report of the Supt. of Public Works: Honorable Mayor and City Council Des Plaines, Illinois Gentlemen: February 21, 1949 Following, is a report on the flooding conditions of last week -end. One inch of rain failing Saturday afternoon and evening February 12, 1949 permitting 100% run -.off into City Sewers, caused many basements to be flooded. Residents reporting water backing up into their basements were for the most part from the section depending on the Oakton Street sewem for final delivery of sewerage and storm water to the sanitary destrict interceptor sewer and the River. Also several reported flooding on the West side and one on the North side. I am of the Opinion that because the rain lasted for only a short time and the water receded soon after it stopped graining. Many that did have water failed 1111 to report. The Cumberland Terrace area near Weller Creek at the Wolf Road bridge was inundated with several feet of water when debris collecting at the bridge caused a blockage of at least 70% of the opening. This debris consisted mostly of weeds, willows, and tree branches. Mr. Arnold of the State Highway Department was contacted and they cooperated by removing the debris and disposing of it. Mr. All sweet and Mr. Stoddard of the State Division of Waterways was also contacted. Mr. Stoddard called on me at my office, and we made a personal inspection, terminating in Mr. Stoddard's promise that upon receipt of A letter from an official of the City they would include Weller Creek in a survey to be made of the chain of Lakes region this year. A check of the new pumps installed at the ijnhoff tank showed that they wereable to take care of the situation. All sewer and street department men were called out at 2:00 A.M. Sunday monring to set up our pumps and help where possible. Milburn Brothers Construction Company's large 1500 Gallon per minute pump was used at Oakton Street and River, Road, and our own smaller pumps were used to pump out individual basements that refused to drain after the pressure in the sewers receded. The 12 inch sewer on First Avenue between Walnut and Oakwood Avenue became blocked and because of the long d*stance between manholes we decided to break the street to eliminate the blockage and build a manhole at this point. The sewer department is still at work making a thorough check of all the sewers. But.,to-date the First Avenue sewer is the only one found to be blocked. Respectfully submitted, E. R. Wernicke (Signed) Supt. of Public Works. /q6 The City Attorney, Frank Opeka, reported the Attorney of Mrs. Umbach had informed him that they had withdrawn the claim regarding the Veteran Housing subdivision. COMMITTEE REPORTS. Alderman McKay made the following report: Municipal Development Committee Meeting February 10, 1949 To consider letter of West Side Civic Club, re alleged Zoning violation by C&NW-Meyer Coal and Material Company Present: for the West Side Civic Club. Mr. Howard Clement Mr. F. J. McCabe, Jr. For the C. & N. W. February 18, 1949 Mr. R. D. Beddoes, Atty Mr. R. W. Russell ForMeyer Mr. G. W. Eastland For the City of Des Plaines Mayor G. Walter Pflughaupt Mr. Otto Henrich Mr. Frank Scharringhausen Mr. Edgar Fletcher For the Municipal Development Committee City of Des Plaines: Mr. S. E. McKay, Chairman Mr. Eric G. Hansen Mr. Elmer W. Johnson Coal & Material Co. Mr. Bernard Meyer Mr. Albert E. Jenner Atty Mr. E. I. Rothschild, Atty Mr. J. H. Jones City Attorney Opeka unable to be present, because of a business engagment in Springfield, Illinois, Mr. Jenner, acting as spokesman for the C&NW-Meyer representatives, (the Railroad contributing to the meeting only through him) presented references to other cases which he considered similar to the one under consideration. It is hoped by this Committee that the West Side Civic Club's representatives will look into the cases cited to see if in their opinion these cases do parallel the one here in question. &Pere there lapses of as much as five years in occupancy and use, as in this case. Were there building and/or other facilites on the cited properties, bearing in mind there were none on the property <, except perhaps side—trackage, when the Meyer Company assumed lease in September 1944. Mr. Jenner presented data on C&NW leases, and his opinions on zoning regulations. According to his presentation everything done and being done by his client and the C&NW was and is perfectly legal and proper, once a usage is established and the railroad has declared its intentionthe property involved may be used for such purposes forever regardless of change Odin zoning or long intervening periods when the land is not bang used at all. He said too, that even a new building for non— conforming use could be erected on premises currently being used only by virtue of non—conforming protection. In citing data on leases Mr. Jenner stated that on September 29, 1937, lease was granted to Mr. Fred A. Nelson for the premises involved to use as a retail coal and building material yard; lease to run to September, 1942. However, Mr. Nelson surrendered the lease in July 1938 . . . Lease was given to the Consumer's Company to use premises as a concrete mixing plant May 4, 1943, to Wpril 15, 1944. This lease was renewed, but on September 15, 1944 the leas& was taken over by Mr. Meyer. Note gap usage from 1938 to 1943. Question of the building erected on the subject property, permit issued • by Building Inspector February 13, 1945, was referred to by Mr. Clement, and at this point Mt. Johnson said he had heard considerable comment on this phase of the subject and would like some information. Chairman McKay stated he considered the issuance of this permit a mistake. Building Inspector Sharringhausen defened his action, stressing it 4as a war measure, and stated he would do the same thing again under similar cir— cumstances. Attorney Jenner said the action of the Building Inspector was legal and proper, and such expansion in a non—conforming area was permissible. Chairman McKay referred to Zoning Ordinance, specifically the wording" — — 1 1 /97 Alderman McKays report, Cont'd. "provided also that the building shall not be enlarged unless the use thereof is changed to a conforming use." He stated be felt that if such enlargement (Of an existing building) was not permitted then it would hardly,be permissible to erect an entirely new building. NOTE: City Attorney Opeka'sopinion on the question of this building permit issued in 1945 while the area was zoned resedence area "A" assuming the ordinance_ of 1942 to be valid, is that the permit should not have been issued in.violation of the current zoning, again assuming that the zoning ordinance of 1942 is valid, and that the City could order the building removed. On the question of whether or not the C&NW Meyer Company are within their rights in using the premises for non -conforming purposes outside of the question of the building, he is definitely of the opinion that they are. It was finally agreed to give the representatives of the West Side Civic Club until March 1st to study the matter further and to write their views, copy to , Mr. Jenner and Mr. Beddoes. Departing somewhat from the exact subject for which the meeting had been called, the matter of the 1942 ordinance changing the classification of this west side area, was discussed. Attorney -:Jenner questioned the validity of the ordinance, Chairman McKay defended it. Naturally, bnless and until the action is declared invalid by an authority superior to that of Mr. Jenner and the City Council, we will have to consider it as valid. NOTE. It might be mentioned here that in 1947 and again in 1948 the C&NW recognized the validity of the ordinance by petitioning the City for re -zoning to a lower Classifi- cation. Attorney Jenner stated he did not wish to be considered as threatening the City, but that he had recommended, or was going to recommend, action against the City to void the 1942 ordinance as illegal. Chairman advised he did not take the statement as a threat, nor was he shocked to hear it, having already heard something along those lines. On request of Attorney Jenner it was agreed to hold another meeting in the near future in order that all interested parties might discuss fully this subject of change in classification and the possibility of court action. Respectfully submitted as progress report only, with no recommendation at this time. S. E. McKay Chairman E. G.•Hansen E. W. Johnson Alderman McKay said the representatives of the C&NW Rimy. desired tomeet regarding the zoning of their property and he asked the Mayor to call a meeting of the Council as a committee of the whole and the people interested. APPROVAL OF BILLS: Alderman Kehe, Chairman of the Finance Committee presented the following proposed resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOL- LOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE,PAYMENT FOR SAME. 20575 20577 20579 20581 20583 20585 Public Serv. Co. H. J. Ahbe D. P. Publishing Co. Herman Gorchov Hacker's D. P. Motor Sales, $2,441.48 150.00 24.25 28.80 1.40 Inc 1, 639.25 * 20576 G. WalterPflughaupt * 20578 Burroughs * 20580 P. F. Pettibone & Co. * 20582 Journal Printing Co. * 20584 Special Agents Ass'n. * 20586 Olson Transportation Co. t 25.00 11.06 121.34 5.00 5.00 8.86 /9? 20587 20589 20591 20593 20595 20597 20599 20601 20603n 20605 20607 20609 20611 20613 20615 20617 119-M 120-M BILLS, CONT'D. Hacker's - Duncan Meter Corp. Journal Printing Co. Spiegler's Petterson Safety Service Imperial Trucking Corp. Rascher & Betzold, Inc. Worthington-Gamon,Meter Co. Gold Star Motor Service, Inc. Purnell & Wilson, Inc. U. S. Postmaster American Public Works Ass'n. D. P. Publishing Co. George Heintz C. Lipe Glass House Charles F. W. Forberg (MFT) E.N. Fletcher (MFT) 19.30 * 20588 408.94 * 20590 180.95-8'120592 8.42 * 20594 28.95 * 20596 33.95 * 20598 16.84 * 20600 2,394.00 * 20602 16.51 * 20604 10.18 * 20686 45.69 * 20608 10.00 * 20610 76.25 * 20612 1.35 * 20614 .28 * 20616 25.00 * 212.51 531.28 CASH TRANSFER WARRANT No. 1. General Corporate Free Cash Library Free Cash To refund to the General Corporate Fund the portion of Janitor's Salary Chargeable to Library Fund, but which was advanced by the General Corporate Ehnd during the month .of January, 1949. No. 2. 1935 Water Revenue Bonds Free Cash 1947 " n n n n Water Depreciation Cash Water Free Cash To transer from the Water Free Cash the, monthly sums stipulated in the Water Revenue Bond Ordinances for the month of January, 1949. No. 1. General Corporate Free Cash Library Free Cash To refund to the General Corporate Fund the portion of Janitor's Salary chargeable to Library Fund, but -which was advanced by the General Corporate Fund during the month of February, 1949. No. 2, 1935 Water Revenue Bonds Free Cash 1947 " n n n n Water Depreciation Free Cash Water Free Cash To transfer from the Water Free Cash the monthly sums stipulated in the Water Revenue Bond Ordinance for the Month of February, 1949. Chicago Regional.Planning Ass'n. 50.00 Miller Meters, Inc. H -H Electric Co. Bather's Inc. Wally's Mobil Service Mueller Co. B. F. Kinder's Sons James B. Clow & Sons D.P. Tire & Battery Serv. Bither's Inc. Petterson Safety Service N. C. Sorensen Motor Co. Socony-Vacuum Oil Co., Inc. C. Holdmair E. L. Weber 60.00 741.66 637.50 80.00 60.00 741.66 637.50 80.00 28.57 473.38 227.23 23.70 64.63 84.45 2861.35 3.00 37.89 /.so 19.75 31.`c- 289. 03 5. 00 2.98 60.00 1,459.16 60.00 1,459.16 The motion was then made by Alderman Kehe and seconded by Johnson to adopt the proposed resolution. The Mayor put the question and the Clerk called the roll with the following result: Ages: Alderman -Johnson, Hansen, Vavrinek, Wolf, Kehe, Baines, McKay, Halverson and Morava. Hayes: None. The Mayor thereupon declared the motion carried and the proposed resolution adopted. FL4RST READISG OF AN ORDINANCE TO VACATE AN ALLEY, SHAW'S RIVERVIEW ADDITION. The motion was made by Alderman Halverson and seconded by Wolf to refer the proposed L /99. FIRST READING OF AN ORDINANCE TO VACATE ALLEY, SHAW'S RIVERVIEW ADDITION, CONT'D. ordinance to the Municipal Developement Committee Th otion was - voted -upon by acclamation whereupon the Mayor declared the motion carried. AN ORDINANCE VACATING A POR- TION OF ALLEY IN THE CITY OF DES PDINES, ILLINOIS. * * * * * ILLINOIS COMMERCE COMMISSION LETTER. The Clerk read the following letter: February 11, 1949 NOTICE OF CONTINUANCE OF HEARING You are hereby notified that the hearing on the above -entitled proceeding, set at Chicago, Illinois on February 15th, 1949, has been continued and will 'be heard at the -office of the Commission at Chicago, Illinois, 19th Floor, 160 North LaSalle Street, on Tuesday, March 1, 1949, at the hour of 10:00 A.M. Very truly yours, ILLINOIS COMMERCE COMMISSION Joseph F. Gubbins (Signed) Secretary PETITION FOR REFERENDUM ON STORM RELIEF SEWER BONDS. The Clerk read the following Certificate and Petition: STATE OF ILLINOIS) - ) SS COUNTY OF7COOK ) CLERK'S CERTIFICATE I, Otto W. J. Henrich, the duly -elected, qualified and acting City Clerk of the City of Des Plaines, County of Cook, State of Illinois, do hereby certifyt the attached petition consisting of 172 pages containing 2.072 signatures was formally filed with me in my office on the nineteenth day of February, A.D., 1949. In witness whereof I have hereonto set my hand and affixed the official seal of the City of Des Plaines, Cook County, Illinois, this twenty-first day of February, A.D. 1949. Seal To; The Mayor and City Council City of Des Plaines Illinois (Signed) OTTO W. J. HENRICH, CITY CLERK We, the undersigned, being and constituting not less than fifteen per cent (15%) of -the legal voters voting for Mayor of the City of Des Plaines at the last pre- ceding general election request that the ordinance,entitled: "AN ORDINANCE authorizing the improvement of the sewerage orstem of the City of Des. Plaines, Cook County, Illinois, and providing for the issue of $930,000 Sewerage Revenue Bonds of said City for the purpose of defraying the cost of constructing such improvements, prescribing all details of said bonds, and providing for the collection, segregation and distribution of the revenues of the sewerage system of siad City for the purpose of paying the cost of the 0200 SEWER PETITION, CONT'D. _ operation and maintenance thereof, providing an adequate depreciation fund therefore, and paying the principal and interest of said Sewerage Revenue Bonds." passed Feb. 7 , 1949, and published Feb. 10 , 1949, be submitted to the voters of the City of Des Plaines on the proposition of making the improvements andissuing bonds as therein provided. 2,079 Signatures Attached. The motion was made by Alderman Halverson and seconded by Johnson that the petition be accepted referred to the Finance and Sewer ommittees. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. BUILDING INSPECTOR'S LETTER REGARDING UNITED MOTOR COACH DRIVEWAY. The Clerk read the following letter: Committee on Streets and Sidewalks City of Des Plaines, Illinois . Dear Sirs: February 21, 1949 Subject: Driveway An application has been made by the United Motor CoacELComi3W7517 Laurel Avenue, to construct a driveway on Perry Street, entering lots #3 and #4 on the north, block #6, Ira Brown's Addition to Des Plaines, Section 21-41-12, Commercial Area District "C". Said Company has made a request for a 25' wide at sidewalk and 45' wide at the curb. This driveway width is necessary due to the narrow street which makes the turn for the long busses into the parking lot practically impossible. New concrete curb, gutter, driveway, and sidewalk would be installed. Attached is a sketch layout of the property. This driveway width requires permission from the Council as widths are limited by City Ordinance. FFS:ik Enc. Copy of City Ordinance The Mayor referred the matter to the Street Committee. TOMMY AVENUE AND MANNHEIM CROSSING. The Clerk read the following three letters: January 18, 1949 Very truly ypurs, F, F. Scharringhausen (Signed) Building Inspector . Des Plaines, Illinois Honorable Adlai Stevensen Governor, State of Illinois Springfield, Illinois Honorable Governor, The Coroner of the County of Cook is at this hour hearing t e stimony on another fatal traffic accident at the intersection of Touhy Avenue and Mannheim Road.(U.S.45) This intersection has been the scene of many deaths from traffic accidents in the past ten years. On behalf of the Mayor, the City Council, and the Traffic Commission of the City of Des Plaines, I am writing you, praying that something be done to stop the ever increasing number of deaths at this intersection. While traffic counts, made by your Highway Department, do not show a need for traffic lights, we feel that such lights are necessary and we ask that four—way stop signs be errected at once. Such signs to remain until stop lights can be errected. ENF:ik Very truly yours, E. N. Fletcher (Signed) City Engineer Des Plaines, Illinois 1 LETTERS ABOUT TOUHY AND MANNHEIM CROSSING CON"D. OFFICE OF THE GOVERNOR Springfield January 25, 1949 Honorable E. N. Fletcher City Engineer City Hall Des Plaines, Illinois Dear Mr. Fletcher: The traffic problem which you outlined in your letter of January 18 is one which I feel merits reconsideration by the Department of Public Works and Buildings. Accordingly, I am referring yourletter to the Honorable Charles P.•Casey, the recently appointed Director of the Department, with a request that he bring the matter to the attention of the Division of Highways for review. Sincerely yours, Adlai E. Stevenson (Signed) Governor DEPARTMENT OFPUBLIC WORKS AND BUILDINGS Springfield February 1, 1949 Honorable E. N. Fletcher City Engineer City Hall Des Plaines, Illinois Dear Mr. Fletcher: Governor Stevenson has referred to me your letterof January 18th, in which you recommend that traffic lights be installed at the intersection of Touhy Avenue and Mannheim Road, U.S. 45. — — — — Like Governor Stevenson, I feel that this matter is serious enough for reconsideration. I am having the Division of Highways make a further investigation and as soon as I have a report from them I will write you again. Yours very truly, Charles P. Casey (Signed Director CPC Sd The Mayor ordered t'iem placed on file. DES PLAINES SAFETY COUNCIL LETTER ON SCHOOL CROSSINGS. The Clerk read the following letter: Des Plaines, I11. Des Plaines City Council February 18, 1949 Mr. Otto Henrich, City Clerk Des Plaines, Illinois Gentlemen: At the last meeting of the Des Plaines .Safety Council held on February 8th, the most important project on the agenda was that of adult patrol assistance and locations considered by the PTA groups as most hazardous. • Because of the importance of this question to the various PTA groups and school children, all of the PTA groups, School Representatives, Traffic Commission Members, and members of the Public Protection Committee were invited to attend the meeting, to take part and express their wishes. All goups were represented at the meeting. The matter was thoroughly dis- cussed after the reading of the letters which had been received by the Safiety 02 DES PLAINES SAFETY COUNCIL LETTER ON SCHOOL CROSSINGS, CONT'D. Council from the various schools, PTA:groups, and the West Side Civic Association in which all had made recommendations as to location and number of guards. After discussion, a motion was made and carried that the Safety Council recommend the the City Council that guards be assigned to the following locations: Lee and Jefferson Streets Prospect and Mannheim Road Priaire and Lee Streets It was further recommended that a board of five be appointed for the purpose of employing guards and handling all complaints as to guard's ability as well as his performance of the duties involved. This board also to have power to recommend discharge of guards if circumstances warrent. It was also recommended that the following persons be appointed to act on this board. Mr. Leslie Hedberg, Principal West School Chairman Miss Naomi Eastland, North School Mrs. Margaret Gustafson, Central School PTA Mr. Elmer Johnson, Public Protection Committee Mr. Howard Becker, Chief of Police The PTA Groups, the Civic Association, and the Safety Council sincerely hope that the recommendations made will have the consideration of the city council at its next meeting, February 21st, so that the needed adult patrol assistance can be arranged for in the near future for the safety of the school children at the locations mentioned. Thanking you for your cooperation, we remain, Yours very truly, DES PLAINES SAFETY COUNCIL A. Pieper, Secretary The motion was made by Alderman Kehe and seconded by Johnson to concur in the recommendation. After discussion in which the City Attorney was instructed to draft an ordinance for next Monday's meeting the motion was voted upon by acclamation whereupon the Mayor declared the motion carried. The motion was then made by Alderman Wolf and seconded by Hansen that the letter with the proposed ordinance be referred the Public Protection Committee and City Attorney. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. letter: LETTER FROM DES PLAINBS PARENT TEACHER COUNCIL. The Clerk read the following February 17, 1949 City Council Des Plaines City Hall Des Plaines, Illinois Gentlemen: A necessary and worthwhile project needs the support of all citizens, not only of our community, but of the entire state. INCREASED STATE AID FOR THE BENEFIT OF PUBLIC SCHOOLS. The Cost of educating children has increased just like everything else, but the manner of meeting this increased cost has reached its limit, So far as local taxis are concerned. We must, therefore, call on the State for increased aid. Much has been published in newspapers about this, but little -will come of it, unless.we, as parents and citizens, become active in our support for proper legislation to accomplish this. We cannot stress too strongly, the fact that our public schools require additional revenue to do the things that we expect our schools to do in the advanced education needed today, and take care of the ever increasing number of school children in fides Plaines. We have on hand, material giving the breakdown of the actual cost of educating a child in our public schools — — —it is most interesting!,, We shall be pleased to furnish you with this, and we would appreciate the opportunity to explain this at one of tour meetings in ten to,fifteen minutes (the high spots in five minutes). Very truly yours, Leslie C. Ropa (Signed) P.S. Do you know that Des Plaines is now using three residences as emergency school buildings? X03 LETTER FROM DES PLAINES,PARENT TEACHER COUNCIL, OONT'D. The motion was made by Alderman Kehe and seconded by Halverson that the Clerk acknowledge the letter and inform them that they may address the City CounLil at some future date. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. MAINE TOWNSHIP HIGH SCHOOL LETTER. The Clerk read the following letter: Ladies and Gentlemen: February 15, 1949 This letter is to,express my appreciation for the kindness extended Wednesday evening to me, to Mr. Legg and to the school. The cooperation of so many people and orga±iaations reflect the loyalty of this community to theiryouuth and to the school. Naturally, it made me very happy and exhilarated my eagerness to give my best efforts to secondary school problems at Moine. I want to know each of you and your children. This will require patience on your part. Will you please make yourself known to me at every opportunity? If you have a question or a suggestion, do not hesitate. I need and will greatly appreciate your_cooperetion. We will, from time to time, use various avenue of -communication to keep you informed about your school. May I, again, say thahk-you and extend to all of you my best wishes. Yours sincerely, MAINE TOWNSHIP HIGH SCHOOL H. D. Anderson (Signed) Superintendent HDA:mhz THANK*YOU CARD FROM LOUIS F. MEINSHAUSEN FAMILY. The Clerk informed the Council he had received a thank -you card from the family of Louis A. Meinshausen. PASS ORDINANCE FOR INSPECTION OF LIC NSED VEHICLES FOR TR.NSPORTATION OF PASSENGERS. The Clerk read for first reading the following proposed ordinance entitled: AN ORDINANCE AMENDING ARTICLE II OF HCAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF DES PLAINES 1928 BY ADDING THERETO SECTION 6080-1 * * * * * The motion was made by Alderman Johnson and seconded by Hansen to suspend the rules and pass the proposed ordinance. The Mayor put the question and the Clerk called +.he roll with the following result: Ayes: Alderman Johnson, Hansen, Vavrinek, Wolf, Kehe, Baines, McKay, Halverson, and Morava. Nayes: None. The Mayor thereupon declared the motion carried, the rules suspended and the proposed ordinance before the Council for 8ina1 passage. The motion was then made by Alderman Johnson and seconded by Hansen to pass the proposed ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Johnson, Hansen, Vavrinek, Wolf, Kehe, Baines, McKay, Halvorsen, and Morava. Nayes: None. The Mayor thereupon declared the motion carried and the proposed ordinance finally passed. The motion was made by Alderman Johnson and seconded by Hansen to publish the ordinance in the Des Plaines Journal. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. PASS ORDINANCE DIRECTING CLERK TO PUBLISH ORDINANCES. The Clerk read the following proposed ordinance for first reading; AN ORDINANCE DIRECTING AND AUTHOR-. RING THE CITY CLERK TO PUBLISH ORDINANCES AND OTHER DOCUMENTS RE* QUIRING PUBLICATION. * * * * * The motion was made by Alderman Baines and seconded by Kehe to suspend the rules and pas:. the proposed ordinance. The Mayor put the question and theClerk called the roll with the following result: Ayes: Alderman Johnson, Hansen, Vavrinek, Kehe, Baines, McKay, Halverson and Morava. Nayes: Alderman Wolf. The motion was made by Alderman Baines and seconded by Kehe }i to pass the proposed ordinance. Alderman Baines who sponsored this ordinance said it would expidite the meetings and thought the Clerk would divide the publications equally between the two local papers. The Mayor put the question and the Clerk called the roll with the following result: A yes: Alderman Johnson, Hansen, Vavrinek, Baines, PASS ORDINANCE DIRECTING CLERK TO PUBLISH ORDINANCES,CONT'D. Kehe, McKay, Halverson, and Morava. Nayes: Alderman Wolf,. The Mayorthereu_pondeclared the motion carried and the proposed ordinance finally passed. DR. A. A. FUHLBRIGGE, MEMBER OF DES PLAINES BOARD OF HEALTH, DIED FEB. 21, 1949. Mayor Pflughaupt informed the Council of the death of Dr. A. A. Fuhlbrigge a member of the Board of Health and instructed the Clerk to write a letter to Mrs. Fuhlbrigge expressing the Councils regrets. APPROVAL OF MINUTES. The motion was made by Alderman Baines and seconded by Kehe to approve the minutes of February 7, 1949. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. • ADJOURNMENT. The motion was made by Alderman Johnson and seconded by Wolf to adjourn the meeting to Monday, February 28, 1949. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the meeting adjourned to Monday, February 28,.1949. MINUTES OF THE ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, MONDAY, FEBRUARY 28, 1949, AT 8:00 P.M. -GALL TO ORDER. The meeting was called to order by Mayor G. Walter Pflughaupt who presided with Alderman Johnson, Hansen, Vavrinek, Wolf, Kehe, Harm, McKay, Halverson and Morava, responding to roll call. OFFICIAL REPORTS. The City Clerk submitted the annual report for 1948. FINANCE AND SEWER COMMITTEE. Alderman Halverson, Chairman of the Sewer Com- mittee reported the following: The Finance and Sewer Committees have investigated the petition on Storm Relief Sewer and have found that it contains the right amount of signatures, is in proper formand meets the requirements of the law. We your Committee recommend that a special election be cared on March 22, 1949, Tuesday, to submit the proposition as requested in the petition. Signed: Alderman Halverson, Kehe, Wolf, Harm, and Vavrinek. Alderman Halverson requested the Clerk to read the opinion of the City Attorney, which follows: February 28, 1949 Honorable Henry Halvorsen Chairman Sewer and Water Committee City of Des Plaines, Illinois Dear Sir: You request an opinion relative to the calling of a special election in the matter of submitting the proposition of making improvements and, issuing sewerage revenue bonds pursuant to petition filed with the City Council. You asked speci- fically whether a special election may called or if it is necessary that this proposition besubmitted at the regular election which is to take place on April 19, 1949. This is to confirm my verbal opinion given you and the various alderman that a special election may be called, to be held prior to .the ragular election. If, however, no special election is called, to be held prior to .the regular election,. than it will be necessary to held an election on this proposition at the regular election, because the peitition was filed within 90 days of the time of the next regular or general election of the City. This means that if a special election is not called, to be held prior to the regular election, the proposition may be submitted at the regular election and no special election can be called for this purpose after the regular election. In as much as there is so much confusion in this regard, I have taken the liberty of procuring an opinion from Chapman &,Cutler, a photostatic copy of which is hereto attached and made a part of this letter. FMO*AGH Respectfully submitted, Frank M. Opeka, Signed City Attorney 1 1