12/12/193844
The motion was made by Alderman Dopheide and
seconded by Alderman Johnson to correct the minutes of the
adjourned regular council meeting held November 28, 1938
sous to show Alderman Friott present and Alderman Carroll
absent, and to approNre the said minutes as corrected. The
motion was voted upon by acclamation whereupon the Mayor
declared the motion carried and the said minutes so approved.
SECOND READING OF BUILDING CODE - Continued: The
Clerk then continued second reading of the proposed new
Building Code reading sections 100 to 110 inclusive.
ADJOURNMENT: The motion was made by Alderman Garland
and seconded by Alderman Johnson that,the Council adjourn to
7:30 P.M. Monday, December 12, 1938. `The motion was voted upon
by acclamation whereupon the Mayor declared the motion carried
and the council so adjourned
H, City Cie
MINUTES OF THE ADJOURNED REGULAR
MEETING OF THE CITY COUNCIL OF THE
CITY OF DES PLAINES HELD IN THE
CUINCIL CHAMBERS ON MONDAY, DECEMBER
12, 1918 AT THE HOUR OF 7:30 P.M.
CALL TO ORDER: The meeting was called to order by
Mayor Hobart M. Ahbe, presiding, with Aldermen Carroll, John-
son, Pflughaupt, Henrich, Dopheide, Friott, Lemke, and Cam-
pagna responding to the roll call. Aldermen Garland and
Schwanbeck were absent.
Mayor Ahbe then stated that this is an adjourned
meeting of the Council.
CUMBERLAND TERRACE WATER MAINS: The Clerk then read
the following letter:
Des Plaines, Illinois
To: Hon. Mayor and City Council December 12, 1938
City of Des Plaines
From: E.N. Fletcher,
City Engineer
Attached please find one blue print of the proposed water
main improvement for Brapigar's Cumberland Terrace addition to
the City of Des Plaines.
The writer recommends that the following changes be made
in these plans:
Change No. 1 The proposed 6* main along Seegers Road be changed.
to an 8" main.
Change No,. 2 - Three Eire -Hydrants he installed, one at Wolf Road
near Washington Street, one at Wolf Road near Col-
umbia Avenue and one on Oxford Road between Colum-
bia Avenue and Washington Street.
Change No. 3 - One additional 6" valve be installed on Harvey
Street just south of Seegers Road.
All recommended changes have been noted in red on
the attached plan.
SIGNED: E.N. FLETCHER,
City Engineer.
The motion was made by Alderman Lemke and seconded by
Alderman Campagna to concur in the recommendations contained in
45
this letter, and to instruct the Clerk to notify the subdi-
vider that these recommendations must be complied with. The
motion was voted upon by acclamation whereupon the Mayor de-
clared the motion carried.
SET -BACK LINES IN COMMIRCIAL DISTRICTS: The Clerk
then read the following letter:
MADDEN, MECC IA & MEYER
77 W. Washington St.
Chicago
City Council
Municipal Building
Des Plaines, Illinois
Gentlemen:
In re:
Dec. 12, 1938
Set -back lines
The report of the Zoning Board of Appeals was
referred to me for the purpose of drafting an ordinance,
and in accordance with such request, I enclose a form of
ordinance, the provisions of which are not entirely with-
in the recommendation of the Zoning Board of Appeals.
The ordinance which I submit establishes a set-
back line of five feet and is silent on the subject of re-
quiring every building hereafter built in a commercial dis-
trict to be so erected as to be not nearer the street than
an existing building in such block.
It is my personal opinion that the requirement
that future buildings be not nearer the street line than the
nearest building in the block is not practical for the reason
that we have much commercial area in which an existing build-
ing may consist of a garage or may set back as far as thirty
feet, and for this reason, tae ordinance I submit establishes
just one set -back line, to -wit, five feet.
In any event, before the Council acts upon this
ordinance, I am making the recommendation that the Zoning
Board resubmit to the Council, its report on the subject
matter, and that its report to the Council include findings
of fact specifying the reason for making such variation as is
required by paragraph 68, Chapter 24 of Illinois Statutes.
In the event the Zoning Board of Appeals submits
a recommendation identical with the one theretofore submitted,
and includes findincls of fact just mentioned, and in the event
the Council is not in favor of such recommendation, then the
Council must either reject the recommendation or it can re-
ject with recommendations to .the Zoning Board to reconsider.
If the Zoning Board submits a recommendation in
keeping with the ordinance which I have drafted, then the
Council is in a position to pass the ordinance and all prelim-
inary steps then having been taken, the ordinance would be
legal and enforcible.
To summarize this matter, I wish to state that the
law requires the following steps to be taken, and if such
steps are not taken, it is my opinion that any zoning amend-
ment would not be legal:
(1) The recommendation from the Board of Appeala
must be accompanied by a finding of fact specifying the reason
for making such variation.
(2) Any proposed.variation wnich fails to receive
the approval of the Zoning Board shall not be passed, except
by a favorable vote of two-thirds of the members of the City
Council.
(3) When a variation of the Zoning Ordinance is
made by ordinance upon the report of the Board of Appeals,
the Council has power to adopt the ordinance without further
public hearing, or it may refer it back to the Board of Ap-
peals for further consideration.
46
In view of the wording of the Statute, it is my
opinion that the Council must either adopt en toto or reject
en toto, the recommendation of the Board. The Council cannot
pass an ordinance partially covering the recommendation.
Respectfully submitted,
Signed: KENNETH G. MEYER,
City Attorney
Upon the recommen'ation of the City Attorney the Mayor
ordered this letter placed on file.
PERMISSION TO OPERATE SOUND TRUCK: Aayor Ahbe then
orally submitted the request of Mr. George sena for permission
to operate a sound -truck upon tree streets of the City for the
purpose of advertising a series of lectures to be given on
Sundays at the V.F.W. Hall. The motion was made; by Pflughaupt
and seconded by.,AAld trman Henrich that this request be granted
provided, however, that the said sound -truck is to be operated
only on Saturdays preceding the said lectures. The motion was
voted upon by acclamation whereupon the Mayor declared the motion
carried.
FREE VEHICLE LICENSES FOR FIREMEN: The motion was
made by Alderman Campagna and seconded by Alderman Henrich to
authorize and direct the Gity Clerk to issue a 1939 vehicle
license free of charge to. each member of the Volunteer Fire
Department. The motion was voted upon by acclamation where-
upon the Mayor declared the motion carried.
COMPLIMENT POLICE ON BALL: The motion was made by
Alderman Carroll and seconded by Alderman Johnson to compli-
ment the members of the Police Department upon the success of
the department's a-nual benefit ball. The motion was voted
upon by acclamation whereupon the Mayor declared the motion
carried.
APPROVAL OF BILLS: The Finance Committee through
its chairman Alderman Pflughaupt then introduced the following
proposed resolution:
RESOLVED THAT THE FOLLOWING BILLS AND
RAGES ARE DUE AND PAYABLE AND THAT THE
MAYOR AND CITY CLERK BE INSTRUCTED TO
ISSUE PROPER VOUCHER WARRANTS IN PAYMENT
OF SAME.
2393 Frank A Bremer & Son
2395 Frank A Bremer & Son
2397 Mueller Sery Station
2399 Des Plaines Motor Sls
2401 Des Plaines Pubi Co
2403 Prank Scharringhausen
2405 Public Service Co
2407 Prairie -Lee Paint
2409 Purnell & Wilson, Inc
2411 Public Service Go
2413 Marland Oil Co
2415 John Hacker Sery Sta
2417 Des Plaines Mere Co
2419 Public Sery Co
2421 Cook & Riley, Inc.
2423 City Gik Petty Gash
2425 J.A.M. Ro'^inson
2427 Des P1. Vol Fire Dept
2429 Public Sery Go
2431 Alfred Wiile
2432 Alvin Kuhlman
2434 Henry Wolf
2436 George Lagerhausen
2438 Ray Kolze
2440 Edward Nagel
2442 Edward Geisen
2444 A.W. Collignon
2446 Adolph Esser
9.43 2394 Public Service Go
8.39 2396 Des Plaines Pubi Go
97.67 2398 Pure Oil Prod. Go
45.69 2400 Des Plains Mere Co
4.50 2402 Des Plaines Journal
70.50 2404 Frank Scharringhausen
38.33 2406 Johnson's Elec Shop
2.01 2408 Public Service Co
5.54 2410 Rocky's Sery Sta
47.96 2412 Prairie Lee Store
5.66 2414 Des Plaines Motor
41.86 2416 'Public Sery Go
7.01 2418 Des Plaines Journal
3.74 2420 Meyer Goal & Mat'l.
6.52 2422 Schraders Texas Sery
.54 2424 U.S. Postmaster
267.80 2426 P. Peterson
.125.00 2428 Oxygen Equip. Sery Co
16.17 2430 Des Plaines Vol Fire
6100 (Vic Spiegler)
6.00 2433 John Hammerl
6.00 2435 Walter Lagerhausen
6.00 2437 Garl Manz
6.00 2439 Wallace Kinder
6.00 2441 Ben Stangor
6.00 2443 Louis Bierman
6.00 2445 Homer Coffman
6.00 2447 Andrew Geisen
556.04
12.50
51.50
1.30
14.25
10.75
7.62
3.06
23.82
241.34
3.15
2.26
11.50
371
26.59
25.09
1.85
4.64
Dpt 6.00
6.00
6.00
6.00
6.00
6.0o
6.00
6.00
6.00
47
The motion was made by Alderman Pflughaupt and
seconded by Alderman Lemke to adopt this proposed resolution.
The Mayor put the question and the Clerk called the role with
the following result: Ayes; Aldermen Carroll, Johnson, Pflug-
haupt, Henrich, Dopheide, Friott, Lemke and Campagna. Nays;
None. The Mayor thereupon declared the motion carried and
the said resolution adopted.
SECOND READING OF BUILDING CODE CONTINUED: Second
reading of the proposed new Building ode was then continued.
The portion read were the sections beginning with Section 111
to and including Section 179.
ADJOURNMENT: The motion was made by Alderman
Dopheide and seconded by Alderman Lemke to adjourn. The
motion was voted upon by acclamation whereupon the Mayor
declared the motioncarried and the ouncil regularly
adjourned.
RICH, City Clerk
MINUTES OF THE REGULAR MEETI3
OF THE CITY COUNCIL OF THE CITY
OF DES PLAINES HELD IN THE COUN-
CIL CHAMBERS DECEMBER 19, 1938,
MONDAY, AT THE HOUR 4F 8:00 P.M.
CALL TO ,ORDER: The meeting was called to order by
Mayor Hobart M. Ahbe, presiding, with Aldermen Carroll, John-
son, Pflughaupt, Henrich, Garland, Dopheide, Friott, Lemke,
Schwanbeck and Campagna responding to the roll call. The Clerk
reported all members of the Council present.
THE JUDICIARY AND ASSESSMENT CITTEE: had no re-
port to offer.
THE POLICE AND LICENSE COMMITTEE: had no report to
offer.
THE STREETS AND SIDEWALKS COMMITTEE: had no report
to offer.
THE WATER COMMITTEE: had no report to offer.
THE S1w1 R, DRAINAGE AND SANITATION COMMITTEE: The
Clerk read the following report, submitted by Alderman Dopheide,
chairman of the Sewer, Drainage and Sanitation Committee:
To: Hon. Mayor and City Council
City of Des Plaines
From: E.N. Fletcher, City Engineer
At the request of Mr. Walter Dopheide, Chairman of
the Sewer, Drainage and Sanitation Committee, a survey of ways
to carry the sanitary sewage from the Cumberland Subdivision
into the Interceptor Sewer of the Sanitary District has been
made and the following report is herewith submitted:
Two lines have been surveyed. The one line, herein-
after called line "A", starts at the manhole in the intersection
of Seegers Road and Broadway and extends along Seeger's Road
to Golf Road and along Golf Road to the Maine Township sewer
now under construction in,River Road. The length of this line
is 6340 lin. feet.
Line *B• starts at the manhole in the intersection of
Seeger's Road and Broadway and extends along Seeger's Road to
Rand Road, hence, along Rand Road to Graceland, Graceland to
48
Willow, Willow to Harding Avenue and along Harding
Avenue to the Sanitary District manhole in River Road.
The length,of this line is 7430 lin. feet.
Line "A" is approximately 1000 feet shorter
than line "B*, however, due to the depth of the present
sewers in Cumberland it will be necessary to install
booster pumps to raise the sewage a distance of ten feet
at the Cumberland end of the proposed line in order to
meet the Maine Township sewer at River Road. The City
now ownspumps which could be used for this purpose. If
this line is used a new pump station will have to be con-
structed making the cost of this line enual to that of
line "B".
A sewer can be laid along line "B" on an ade-
quate grade with an average cut of twelve feet. This line
has a direct outlet into the Sanitary Interceptor Sewer
and no booster pumps are necessary and is therefore, in
the opinion of the writer, the line to be preferred.
The estimated cost of either line is $7,500.00
for material, transportation, office rent and engineering.
It is understood that,if constructed, the work
will be performed with WPA labor and for that reason no
labor costs have been included in this estimate.
The estimate of costs is based on intercepting
the existing sewer in Cumberland with a 12" sewer and on
using 12" pipe through -out the length of the proposed
improvement.
The writer recommends that the City Engineer
be instructed to complete the plans for this improvement,
using either line "A* or line "B" as the council may desire,
and to file same with the State Sanitary Board and with
the Sanitary District for their approval,and further recom-
mends that the City Council pass a resolution requesting
the Sanitary District, of which Cumberland is a part, to
appropriate sufficient funds for and to construct said pro-
posed sewer and that a plea be made to the Izack Walton
Club, the Lions.Club and other clubs and business organi-
zations in the Gity of Des Plaines to pass similar resol-
utions that they may be presented to the Trustees of the
Sanitary District along with the completed plans of the
proposed improvement.
Signed: E.N. FLETCHER,
ce-W.Dopheide. City Engineer
The motion was made by Alderman Dopheide and secon-
ded by Alderman Pflughaupt to write the Sanitary District of
Chicago requesting the said District to finance the sewer in
question, and to refer this matter to the Sewer, Drainage, and
Sanitation Committee with instructions to enlist the cooperation
of the Sanitary District of Chicago, the State Water Board, the
Board of Maine Township and such civic organizations as the Des
Plaines Lions Club and the Des Plaines Business Men's Associ-
ation,in the promotion of this project. The motion was voted
upon by acclamation whereupon the Mayor declared the motion
carried.
The motion was then made by Alderman Dopheide and
seconded by Alderman Henrich to instruct the City Engineer to
prepare preliminary plans and estimates for connecting the
sewers of residents on Miner Street between Busse highway and
Rand Road into either the Gity Sewer System or directly into
the Sanitary District Interceptor, thus eliminating the dump-
ing of the said sewerage into the Des Plaines River. The motion
was voted upon by acclamation whereupon the Mayor declared the
motion carried.