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06/19/1939146 MINUTES OF TRE REGULAR COUNCIL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS ON MONDAY, JUNE 19, 1939 AT 8:00 P.M. CALL TO ORDER: The meeting was called to order by Mayor Hobart M. Abbe, presiding, with Aldermen Henrich, Leos, Dopheide, Carlson, Lemke, and Campagna responding to the roll call. Aldermen Carroll, Johnson, Friott and Schwanbeck were absent during the entire meeting. The Clerk reported a quorum present. REPORTS OF STANDING COMMITTEES: The only standing committee of the Council to offer a report was the Band 'Committee Which through its chairman, Alderman Henrich reported that inasmuch as the Municipal Band's 1939 Appropriation of $300.00 will not permit the Band to carry as large a paid membership as it now has, it will be necessary to reduce either the number of members or reduce the compensation paid to band members for their services. OPENING OF BIDS - M.F.T. SECTION 4.1 & 5.1 C.S.: The Clerk then reported that a number of bids has been received in response to the fol- lowing notice: L EGAL NOTICE CITY OF DES PLAINES NOTICE TO CONTRACTORS For Work to be Constructed Under the 'motor Fuel Tax Law. 1. TIME AND PLACE OF OPENING BIDS. Sealed proposals for the improvement of the thoroughfares described herein will be received at the office of the City Clerk of the City of Des Plaines Cook County, Illinois, until 8:00 o'clock P.M., June 19, 1939 and at that time publicly opened and read. 2. DESCRIPTION OF WORK. (a) The proposed work is of- ficially known as Section 4.1 and 5.1 CS and is located on lite Street (Arterial Street No. 2) between Oakton and Howard Streets, also on Prospect, Circle and Everett Streets (Arterial Street No. 8 between Lee and White Streets, a total distance of 5,583 feet, of which 5,542.2 feet, (1.0496 miles) are to be improved. (b) The proposed improvement is to be a Sub -class A-1 Bituminous Surface Treatment 18 feet and variable in width. 3. INSTRUCTIONS TO BIDDERS. (a) Plans and specifications may be obtained from the City Clerk upon request. (b) Proposal forms may be ob- tained at the office of the City Clerk, (1y Hall, Des Plaines, Ill. (c) All proposals must be accompanied by a bank cashier's check, or bank draft for ten (10) per cent of the amount of the bid, as provided in the "Standard Speci- fications for Road and Bridge Construction,* prepared by the Department of Public Works and Buildings of the State of Illinois, adopted by said Department July 1, 1936, and revisions and additions thereto effective 10/1/38. 4. REJECTION OF BIDS. The Council reserves the right to reject any or all proposals and to waive technicalities. Published by order of the Mayor and City Council of the City of Des Plaines in the Des Plaines Journal, June 8, 1939. Edgar J. Friedrich, City Clerk The Leek then opened the said bids and read them as tabulated below: AMT. 5970 gal. 7470 gal. 4070 gal. 220 cu.yd 80 cu.yd 13570 sqy TABULATION OF BIDS BIDDER: Rock Rd. Arrow Pet. Cons.Co. Company MATERIAL Unit Price -Tot. UP Tot. Bituminous material Applied (prime).11 656.70 .14 835.80 .11 656.70 .14 835.80 Bituminous material Applied (cover).12 896.40 .14 1045.80 .11 821.70 .14 1045.80 Bituminous material Applied (seal) .12 488.40 .14 569.80 .11 447.70 .14 569.80 Cover Coat Ag- gregate-Spread3.00 660.00 3.50 770.00 3.50. 770.00 3.50 770.00 Seal Coat Ag- regate-Spread 3.30 264.00 3.50 280.00 4.00 320.00 4.50 360.00 Bituminous Sur- face treatment Construction .131831.95 TOTAL: $4,797.45 S.G. Hayes Andreson & Company Corporation UP Tot. aTot. 147 .12.21655.54 .17 2306.90 .14k 1967.65 $ 5,156.94 45,323.00 45,549.05 The motion was made by Alderman Henrich and seconded by Alderman Dopheide to refer the said bids to E.N. Fletcher, Uity Engineer for study and recommendation. After a short time the City Engineer submitted the following report: June 19, 1939 To the Honorable Mayor and City Council of the City of Lbs Plaines, Illinois Gentlemen: Having tabulated and analyzed the bids received and opened by the City Council June 19, 1939, oovering the improvement of Section 4.1 and 5.1 CS under the Illinois Motor Fuel Tax Law, and having found that the Rock -Road Construction Company is the lowest responsible bidder, I recommend that the said contract be awarded to the said Rock -Road Construction Company subject to the approval of the State Highway Department. Respectfully yours, Signed: E.N. FLETCHER, City Engineer The motion was made by Aderman Campagna and seconded by Alderman Lemke to concur in this report of F.N. Fletcher, City Engineer. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the report concurred in. ZONING VIOLATION - NON -CONFORMING USS: The Clerk then read the following letter: City Clerk Municipal Building Des Plaines, Illinois MADDEN, MECCIA & MEYER Attorneys at Law Chicago. June 15, 1939 In re: Rights of property owner to remodel a dwelling situated in Residence Dis- tricts, Area District A, so that such dwelling can accommodate two families. 148 Dear Sirs Since our meeting Monday evening, June 13, with various citizens concerningan alleged violation of the Zoning Ordinance by a resident living on Laurel Avenue, I have made a very diligent search and study of the Supreme Court decisions on the subject in question and in the course of my study, I came across the case of Merrill vs. the Village of Wheaton, 356-457, which was a suit. by Mrs. Merrill to enjoin the Village of Wheaton from interfering with the remodeling of a building owned by her so as to change the building from a single family to a two family dwelling. The City contended that such alteration were unlawful because they were not authorized by the Zoning Ordinance. Section 3 of the Zoning Ordinance of Wheaton forbids the use, erection or alteration of any building within any "A residence district, except for the following uses: 1. Single-family dwellings; 2. Libraries and Public Museums; 3. Churches and Temples; 4. Schools and Colleges; 5. Boarding and Rooming houses conducted in private homes where not more than 16 persons besides the family of the boarding or rooming housekeeper are furnished board, and not more than 12 persons besides such family are fur- nished with rooms.' The Ordinance of Wheaton defined a family as "any number of individuals living and cooking together on the premises as a single housekeeping unit." The Court in its decision, after commenting on the definition of a "family " said among other things: "It (the ordinance) also provides that in this same residence district there may be boarding and rooming houses conducted in private homes ****. It will thus be seen that under this ordinance the next door neigh- bor of the plaintiff might use his dwelling to accom- modate 28 persons besides his own family in operating a boarding and rooming house, but plaintiff is forbid- den to make minor alterations in her dwelling so that two families, which consist of only four people (two to each family) could use it as a two family residence. Such a distinction seems harsh and unreasonable especi- ally in view of the fact that half of the residences in the block affected are being used as two family residences. Little can be said in support of the or- dinance under these circumstances. "Its application here results in unfair discrimination, without any corresponding public benefit to public health, morals, safety or welfare****. Insofar as it (the ordinance) affects the property of the plaintiff, the zoning ordinance is discriminatory and unreasonable and therefore void." Section 3 of the Des Plaines Zoning Ordinance permits hotels, lodging or boarding houses not involved in the conduct of a retail busi- ness, within residence districts, of Des Plaines without placing any limitation on the number of boarders or lodgers that may be kept in any one house. You will observe the similarity between the Wheaton ordinance, which was held unconstitutional, and Section 3 of our present Des Plaines ordinance. The only difference between the Wheaton case and our Des Plaines situation is that in the Wheaton case more than half of the residences in the block in question were then being used as two family residences. The Court comments on this last fact. However, I do not believe that it was the controlling factor in the Court's decision. 149 In view of this Wheaton case, I doubt very much whether the City of Des Plaines could legally enjoin any person from making a two family residence out of their home even though such home is located with- in a district known as "Residence District, Area District A". In view of this situation I would recommend that the City °Council pass a resolution at once requesting the Zoning Board to hold a hearing on the question of amending Section 3 of our Zoning Ordinance so as to prohibit the erection or use of premises as hotels, lodging or rooming houses.,* Very truly yours, Signed: KENNETH G. MEYER; City Attorney for the Uity of les Plaines copies to: Alderman Dopheide Mr. B.W. Bennett Bldg.Insp.-b.charringhausen and then read the following proposed resolution attached thereto: RESOLUTION BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, that the Zoning Board of Appeals convene at a meeting duly advertised according to law for the purpose of considering the amendment of Section 3 of the Zoning Ordinance of the City of Des Plaines so as to pro- hibit hotels, lodging or boarding houses within Residence Districts, Area District A, within the City of Des Plaines; and to prohibit any building to be hereafter erected, altered or used for more than one family within Residence Districts, Area District A. The motion was made by Alderman Dopheide and seconded by Alderman Carlson to adopt this proposed resolution. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the resol- ution adopted. COMPENSATION - BUILDING INSPECTOR & ELECTRICAL INSPECTOR: The Clerk then read the following proposed ordinance for first reading: AN ORDINANCE FIXING AND ESTABLISHING COMPENSATION OF BUILDING INSPECTOR AND ELECTRICAL INSPECTOR OF THE CITY OF DES PLAINES. BE IT ORDAINED by the City Council of the City of Des Plaines, cook County, Illinois, that: SECTION 1. All building inspection fees and building permit fees and other fees required to be paid under the provisions of the Building Code of the City of Des Plaines concerning permits and inspec- tions under the jxrisdiction of the Building Inspector shall be deposited into the general corporate fund, and monthly an amount equal to 757, of such fees shall be paid to the Building Inspector as and for his com- pensation and salary as Building Inspector. SECTION 2. All permit and inspection fees required to be paid under the provisions of the Building Code of the City of Des Plaines in connection with electrical inspection or installations shall be paid into the general corporate fund, and monthly an amount equal to 75% of such fees so paid shall be paid to the Electrical Inspector of the City of Des Plaines for and as his compeition and salary as Electrical Inspector. SECTION 3. This ordinance shall be and is declared retroactive so as to be effective January 1, 1939. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. This ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of ,1939. APPROVED this dayof 1939. City Clerk Mauer 150 The motion was made by Alderman Campagna and seconded by Alderman Loos to amend the said proposed ordinance by filling the blanks in Sections 1 and 2 by inserting the words "seventy-five percent (75%)r. The motion to amend was voted upon by acclamation whereupon the Mayor declared the motion darried :and the proposed draft so amended. Mayor Ahbe thereupon ordered the said proposed ordinance filed for second reading. CREATING BOARD OF LOCAL,MPROVEMENTS: The Clerk then read for first reading a proposed ordinancrentitled: AN ORDINANCE CREAATING A BOARD OF LOCAL IMPROVEMENTS FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. Mayor Ahbe ordered this proposed ordinance filed for second reading. SANITARY INSPECTION IN RIVERVIET: The Clerk then read the fol- lowing letter: CITY OF DES PLAINES Board of Health June 19, 1939 Honorable Hobart M. Ahbe Mayor, City of Des Plaines, I11. Members of City Council Gentlemen: Following a survey of 76 homes in that part of City known as Riverview, I found that eleven still had and were using outside privy vaults in violation of Chapter 11, Section 323 of the "City Ordinance". The survey will be completed this week. Letters are being sent to owners of these properties, requesting them to comply with the above mentioned ordinance, or more drastic action would be taken. I am enclosing the names of the eleven property owners mentioned above. Very truly yours, Signed: ELSIE M. WILLER, Health Inspector This letter was ordered placed on file by the Mayor. DES PLAINES VILLAS CIVIC CLUB: The Clerk then read the fol- lowing letter: DES PLAINES VILLAS CIVIC CLUB DES PLAINEST ILLINOIS Honorable Mayor and City Council Des Plaines, Illinois biro: 954 West Grant Drive June 16, 1939 The above organization has instructed me to call your attention to the unsightly and unsafe condition of the gates to the Des Plaines Villas Subdivision, which sere dedicated to and accepted by the ct and stand on city property. In addition to their unsightly condition, the gates have been neglected so long that they are in danger of failing and are a menace to the safety of persons passing by. I% are informed that a TPA appropriation was made many months ago to provide for the repair of these gates and that the repairs have been approved by both the TPA and the City Council. We respectfully I .51 request -that the Council take such measures as are necessary to see that this work, which will of course result in bringing in increased revenue to the inhabitants of the City engaged intthe work, be commenced without further delay. Very truly yours, Signed: J. REX ALLEN, Secretary The motion was made by Alderman Dopheide and seconded by Alderman Carlson to refer this letter to the Streets and Sidewalks Committee for study and report. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. the Clerk also read the following letter: DES PLAINES VILLAS CIVIC CLUB Des Plaines, Illinois 954 W. Grant Drive June 16, 1939 Honorable Mayor and City Council Des Plaines, Illinois Sirs: The above organization has instructed me to advise you as to the dangerous conditions now existing in the Des Plaines Villas Subdi- vision due to the neglect of City property therein and to request a prompt correction of such conditions. The shrubbery at the various entrances to the subdivision has been neglected for so long that it is considerably overgrown, making a blind corner condition at each entrance. Furthermore, the parkways in front of the vacant lots are becoming so overgrown with high weeds that in a very short time each street intersection will be a blind corner, making it very dangerous for automobile drivers as well as pedestrians. Those living in the subdivision are, of course, aware of these conditions, and drive carefully, but strangers, especially persons learning to drive who use our streets a great deal, make the situation very dangerous. We would, furthermore, call your attention to the fact that there are a large number of thistles in the parkways contrary to State law. Very truly yours, Signed: J. REX ALLEN, oecretary Mayor Ahbe referred this letter to the Streets and Sidewalks 4ommittee for study and report. THANKS - FLAG DAY EXERCISES: The Clerk then read the following: DES PLAINES LODGE NO. 1526 Des Plaines, Illinois June 13, 1939 Honorable Mayor and City Council Des Plaines, Illinois Gentlemen: Please accept our sincere thanks for your participation in our Flag Day Ceremonial Exercises last Sunday. We appreciate that unfavorable weather conditions had a lot to do with keeping attendance down, and hope that you will convey to those of your organization who attended our most cordial thanks. We hope that we may have an opportunity to reciprocate. Yours sincerely, Signed: ALBERT. L. WINKELMAN; Secretary 1,52 The letter was ordered placed on file by the Mayor. APPOINTMENT - THISTLE COMMISSIONER: Mayor Ahbe than announced the following appointment: MR. E.P. RIELLEY, Thistle Commissioner for a two year term ending April 30, 1941. The motion was made by Alderman Lemke and seconded by Alderman Henrich to confirm this appointment. The motion was votedupon by accla- mation whereupon the Mayor declared the motion carried and the appointment confirmed. IMPROVE DOG POUND: The motion seconded by Alderman Henxh to refer the the Dog Pound to the Sewer, Drainage and the Committee on Public Works, Buildings The motion was voted upon by acclamation motion carried. was made by Alderman Dopheide and matter of repairing and improving Sanitation Committee together with and Plats with full power to act. whereupon the Mayor declared the REVISION OF CODE - CHAPTER ON DOGS AND OTHER ANIMALS: The motion was made by Alderman Henrich and seconded by Alderman Dopheide to instruct Kenneth G. Meyer, City Attorney, to prepare an ordinance revising Chapter 25 of the City Code of 1928. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. APPROVAL OF BILLS: The Finance Committee, through Alderman Carlson, then introduced a resolution approving the bills. The motion was made by Alderman Loos and seconded by Alderman Dopheide to amend this proposed resolution by striking therefrom the item "A. Kennicott, Salary Special Police for the first half of June, 1939 - $75.00" and substitute therefor the following, "A. Kennicott, Salary Special Police June 5th to June 18th, 1939 incl. (2 wks. 025.00) $50.00*. The amendment was voted upon by acclamation whereupon the Mayor declared the amendment carried. The proposed resolution as amended was then re -introduced and reading as follows: RESOLVED THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO ISSUE PROPER VOUCHER WARRANTS IN PAYMENT OF THE SAME. 3667 Des Plaines Journal 3669 Frank A. Bremer & Son 3671 Ditto Inc 3673 J.C. Van Schaick *3675 VOID (see warrant #3750) 3677 Frank A. Bremer & Bon 3679 Middle States Tel Co 3681 Poyer Wood Shop 3683 Des Plaines Motor Sales 3685 Des Plaines Mercantile 3687 Des Plaines Publishing Co 3689 Johnson's Electric Shop 3691 Des Plaines Publishing Co 3693 Frank A. nremer & Son 3695 Wm. Radlein 3696 B.F. Kinder's Sons 3698 Lagerhousen Lbr. & Coal Co. 3700 Public Service So. 3702 Albert Ritter 3704 Richard Poyer 3706 Public Service Co 3708 Prairie Lee Paint Store 3710 Axel D. Petterson 3712 Hess Tire & Battery Sery 3714 Coffman Coal Yard 3716 Fred Kaufman 3718 Pure Oil Products Co 3720 t+ity Clerk Petty Cash 3722 Des Plaines Mercantile co 3724 Itlum Stell Co 3726 Prairie -Lee Paint store 3728 John Hadker 3730 Axel D. Petterson 3732 Des Plaines Publishing Co. 11.25 3668 2.94 3670 1.11 3672 1.00 3674 - 3676 2.32 3678 4.51 3680 40.48 3682 60.64 3684 .623686 18.65 3688 7.42 3690 36.00 3692 7.21 3694 48.60 3749 .77 3697 9.20 3699 5.57 3701 65.00 3703 1.03 3705 48.61 3707 3.09 3709 3.50 3711 3.00 3713 35.60 3715 50.40 3717 14.94 3719 .22 3721 2.19 3723 52.59 3725 7.34 3727 8.50 3729 18.00 3731 13.75 3733 U.S. Postmaster M.B. Cook Co Des Plaines Publishing Co Public Service Co Des, Plaines Publishing co Des Plaines Cafe Johnson's Electric Shop Johnson's Electric Shop Esther's Coffee Shop Des Plaines Publishing Co City Clerk's Petty Cash Des Plaines Publising Co J. Keenan Des Plaines Journal Arthur Rieck Des Plaines Mercantile Co Claus Wolf Des Plaines Publishing Co Bert Sweeney Poyer Nash Sales Lagerhausen Lbr. & Coal Berry Bros. Des Plaines Mercantile Co Nagel Sales & Service Public Service Co Bert Sweeney General Chemical Co Public Service Co Des Plaines Mercantile Co Johnson's Electric Shop Nagel bales & Service Maine Auto Service Co City Clerk's Petty Cash Minnie Watson 40.18 5.15 60.00 547.95 8.75 5.38 10.29 21.79 4.38 8.00 2.50 26.15 2.00 5.30 64.58 2.26 8.00 2.80 35.00 2.00 Co. 1.96 38.50 7.83 2.85 1.70 30.00 32.68 1.76 12.36 1.95 2.94 2.35 .50 3.95 3734 P.R. Harshabarger 3736 R. Poppenhagen 3738 Alex Schmidt 3740 W.E. Hunt 3742 A.E. Kranz 3744 Nagel Service 3746 Des Plaines Pub. 3748 Des Plaines Band 5.00 3735 Paul Cooley 1.62 3737 Fred H. Goetz 3.08 3739 Ray Evans 3.85 3741 Quigley Fletcher 2.45 3743 Hans Jensen 10.96 3745 Public Service Co Co. 14.50 3747 Des Plaines Journal 43.15 3750 A. Kennicott * 153 .15 4.22 3.68 1.44 2.34 13.27 1.00 50.00 The motion was made by Alderman Carlson and seconded by Alderman Dopheide to adopt this proposed resolution as amended. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Henrich, Loos, Dopheide, Carlson, Lemke and Campagna. Nays; None. The Mayor thereupon declared the motion carried and the said resolution adopted as emended. APPROVAL OF MINUTES: Each member of the Council having been supplied with a copy of the minutes of the regular council meeting held Monday, June 5, 1939, the motion was made by Alderman Lemke and seconded by Alderman Campagna to approve the said minutes as written. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. ADJOURNMENT: The motion was made by Alderman Dopheide and seconded by Alderman Carlson that the meeting adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the Council regularly adjourned. EDG D'ICH, City Clerk. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS ON MONDAY, June 26, 1939 AT THE HOUR OF 8:00 P.M. CALL TO ORDER: The meeting was called to order by mayor Hobart M. Ahbe, presiding, with Aldermen Johnson, Henrich, Loos, "opheide, Carlson, Lemke, Schwanbeck and Uampagna responding to the roll call. Aldermen Carroll and Triott were absent during the entire meeting. The Clerk reported a quorum present. READING THE CALL OF THE MEETING: The Qlerk then read the June 23, 1939 followings To the Members of the City Council of the City of Des Plaines Gentlemen: You are hereby notified that upon order of Mayor nobart LAhbe there will be a special Council meeting of the city Council of the City of Des Fla ine s at 7:30 P.M. Monday, June 26,1939 in the council cha bers for the purpose of making important decisions pertaining to picketing of local business establishments, and to consider such other matters of city business as may need attention. This is an important meeting, and we hope to see you promptly at 7:30 P.M. Very truly yours, EDGAR J. FRIEDRICH City Clerk (see next page for Waiver of Notice)