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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.