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03/18/1940275 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS ON MONDAY, MARCH 18, 1940 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 Carroll, Johnson, Henrich, Loos, Dopheide, Carlson, Friott, Lemke, Schwanbeck and Campagna responding to the roll call. The Clerk reported all members of the Council present. THE SEWER, DRAINAGE & SANITATION COMMITTEE which was the only standing committee of the Council to report, submitted the following report: To the Chairman Campagna, Sewer, Drainage and Sanitation com- mittee, at the meeting of the City Council held March 4, 1940 the following matter was referred to your committee: The general plans of the proposed Boeckenhauer culvert was referred to your committee for further study and report. E.J. Friedrich, City Clerk To the Mayor and City Council: Your Committee on Sewer, Drainage and Sanitation has investigated that above and has found the above mentioned plans satisfactory. We, your committee on Sewer, Drainage and Sanitation therefore recommend that the said plans as submitted by Edgar N. Fletcher, City Engin- eer be approved. The motion was concur in the upon the Mayor Signed Committee, S.G. Campagna made by Alderman Campagna and seconded by Alderman Lemke to said report. The motion was voted upon by acclamation where - declared the motion carried and the said report concurred in. ADDITIONAL FIRE HYDRANTS FOR CUMBERLAND TERRACE: Alderman Dopheide chairman of the Fire Committee informed the Council that the Fire Committee has arranged to meet with a group of property owners from Cumberland Terrace on Thursday, March 22, 1940 in order to press the matter of securing an adequate number of fire hydrants in Cumberland Terrace. MODIFY FIRE PROTECTION AGREEMENT FOR MAINE 'rw±. HIGH SCHOOL: The Clerk then read the following letter: Mr. Ade Aeppli 300 West Lake Street Chicago, Illinois Dear Sir: FIREMAN'S FUND INSURANCE COMPANY Chicago March 13, 1940 Protection Agreement Maine Township High School Dempster and Potter Roads Maine Township, Cook County, Ill. We are enclosing a copy of the City of Des Plnes Protection Contract, corrected to include changes required by the Chicago Board of Underwriters. The school and all auxiliary buildings have been inspected and we must file a contract for protection before the Board will calculate rates on a protection basis. It is our suggestion that you arrange with the City Clerk of the City of Des Plaines to execute this Agreement and send copy to us to file with the Chicago Board of Underwriters. Yours very truly, SIGNED: JOHN T. EVEN, Eng. 276 and followed by reading the Following proposed resolution: RESOLUTION Covering Agreement for Fire Protection for Maine Township High School WHEREAS the City Council of the City of Des Plaines has heretofore adopted a resolution providing for fire protection for areas lying outside the corporate limits of the City of Des Plaines, and WHEREAS the said resolution has as a part thereof a standard form of agreement to be executed by the City as well as by the owner or agent of such premises to be accorded fire protection, and WHEREAS the Board of Education of Maine Township High School, (School District #207) has applied for fire protection for the Maine Township High School, which lies outside of the corporate limits of the City of Des Plaines, and WHEREAS the said Board of Education has requested a modification of the standard agreement, namely, the addition of the following to paragraph #7 of the said agreement: "Duplicate notice of cancellation of this Agreement shall be immddiately mailed to the Chicago Board of Underwriters". THEREFORE BE IT RESOLVED by the City Council of the City of Des Plaines that the said application of the Board of Education of Maine Township High School be granted, and BE IT FURTHER RESOLVED that in the agreement for fire protection for Maine Township High School the following words be added to paragraph #7 of the standard form of Agreement for Fire Protection: "Duplicate notice of cancellation of this Agreement shall be immediately mailed to the Chicago Board of Underwriters". and that the Fire Marshal, Mayor and City Clerk be and they are hereby authorized and directed to execute the modified agreement in the name of the City of Des Plaines, upon the receipt of the usual fee. ADOPTED by the City Council of the City of Des Plaines, Illinois this day of 1940. Mayor City Clerk The motion was made by Alderman Dopheide and seconded by Alderman Friott to adopt this proposed resolution. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the said resolution adopted. W.P.A. TREE REMOVAL PROJECT -TREE EXPERT: E.N. Fletcher, City Engineer then reported that the "General" IPA project sponsored by the City includes a tree removal and replacement program, and in order to derive the best results from such a program: (a) A tree expert should be engaged by the City to determine which trees should be removed and replaced, and (b) Steps should be taken by the City to provide trees to replace such trees as are removed. These new trees could be purchased from City appopriations, or could be donated by abutting property owners. The motion was made by Alderman Dopheide and seconded by Aldermann Carroll to refer this matter to the Streets and Sidewalks Committee for study and report. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. SECTION 3 OF ZONING ORDINANCE AMENDED: The Clerk then read the following letter: Honorable Mayor & City Council City of Des Plaines Des Plaines, Illinois Honorable Sirs: In a meeting of the Des Plaines City Council held on December 4, 1939 a committee report directed that the recommendation of the Des Plaines Zoning Board of Appeals together with the ordinance re- commending that Section 3 of the Zoning Ordinance be amended, be recom- mitted to the Zoning Board for further consideration. Since it was not pointed out in the committee report that any portion of the ordinance was not acceptable, it was assumed by the Zoning Board that the entire problem of restricting the remodeling of single family dwellings be reviewed. In an informal meeting of the Zoning Board it was decided that the recommendation and ordinance as originally presented to the Council could not be altered without defeating its purpose and intent. Cq The Zoning Board wishes to direct the attention of your honorable body to the fact that this ordinance and our recommendation is •ct the product of long and diligent study on the part of the Zoning Board and of the city attorney. Because of the unexpected opposition encountered by our recommendation, it was deemed advisable to lay this problem before a group of citizens representing definite investments in the future of the city. Accordingly, on March 5, 1940 a meeting was held at the City Hall to which representatives of the newspapers, realtors and business men were invited. A detailed explanation of the Board's problem was placed before them with the result that this group endorsed the ordinance and recommendation in question. A letter in support of their views is attached hereto. For this reason, the Des Plaines Zoning Board requests and urges the passage of the ordinance without change. • Respectfully submitted, Signed: T.R. NAPIERALSKI, Sec. Des Plaines Zoning Board of Appeals. also the following le tter: DFS PLAINES BUSINESS MEN'S ASS'N. 1490 Miner Street Des Plaines, Illinois To the Honorable Mayor and City Council Des Plaines, Illinois Gentlemen: March 15, 1940 As official spokesman of the Des Plaines Business Men's Ass'n., I wish to ieport to you that all the real estate dealers in our membership heartily endorse the recommendation of the zoning board that certain parts of Des P_aines be restricted exclusively for one family dwellings. Others in our organization interviewed favored this legislation as they believe it will mean much to the future growth and development of increased real estate values in Des Plaines. Yours very truly, Signed: MURRAY S. SMITH, Sed. As requested in the foregoing letters the Clerk re -submitted the following original recommendation (originally submitted December 4, 1939 - see minutes of that date): 27 278 RECOMMENDATION To the Honorable Mayor and City Council of the City of Des Plaines Des Plaines, Illinois Gentlemen: The Zoning Board of Appeals convened a legal meeting on July 14, 1939, after due notice thereof had been given according to law, and consi- dered the recommendation of the City Council of the City of Des Plaines that Section 3 of the Zoning Ordinance of the City of Des Plaines be amended so as to prohibit the remodelling of single family dwellings into two or more family dwellings. After due consideration of the subject and upon the hearing on said matter, no one appeared and objected to the Zoning Ordinance being amended to prohibit the remodelling of single family dwellings into two or more family dwellings, but several property owners appeared and supported the proposed amendment. The Board after due consideration was and is of the opinion that it is detrimental to property values, the public welfare, health and best interest of the City, to permit in Residence Districts, Area District A of the City of Des Plaines, dwellings intended for more than one family and in view of the decision in the case of Merrill vs. Village of Wheaton 356 M. 657, the Zoning Board of Appeals recommends that Section 3 of the Zoning Ordinance of the City of Des Plaines be amended to read as follows, to -wit: "Section 3: In Residence Districts, Area District "A" and Area District "B" the purposes permitted are for one or more of the following specified uses: 1. Dwellings 2. Churches 3. Educational institutions 4. Transportation rights of way 5. Passenger stations 6. Public parks and playgrounds 7. Public libraries 8. Police and fire departments 9. Streets and alleys Provided, however, that in Residence Districts, Area District "A" no building or residence shall be hereafter constructed or remodelled for the use of more than one family; and provided further that in Residence Districts, Area District "B" in addition to the uses above specified premises may be used for hotels, lodging or boarding houses not involving, however, conduct of a retail business on the premises; and provided further, in addition to the uses above set forth permitted in Residence Districts, Area District "A", there shall be permitted accessory uses customarily incident to the above uses, including uses for professions and home occupations engaged in by the occupants of a dwelling in such dwell- ing not involving the conduct of a retail busi- ness on the premises, but not including, however, garages arranged or designed to accomodate more than four passenger vehicles of the type commonly defined as pleasure cars." BONING BOARD OF APPEALS Signed: T.R. NAPIERALSKI, Sec. The Clerk then read for first reading the following proposed Ordinance: 279 AN ORDINANCE AMENDING AN ORDINANCE ENTITLED: "AN ORDINANCE TO CLASSIFY, REGULATE AND RESTRICT THE LOCATIONS OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIED USES; TO REGU- LATE AND LIMIT THE INTENSITY OF THE USE OF LOT AREAS AND TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES WITHIN AND SURROUNDING SUCH BUILDINGS, AND TO ESTABLISH THE BOUNDARIES OF DISTRICTS FOR THE SAID PURPOSES AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS". Passed on the Fifth day of February, A.D. 1923 as Heretofore Amended. BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois: • SECTION 1. That Section 3 of an ordinance entitled "An Ordinance to Classify, Regulate and Restrict the Locations of Trades and Industries and the location of buildings designed for Specified Uses; to Regulate and Limit the Intensity of the Use of Lot Areas and To Regulate and Deter- mine the Area of Yards, Courts and Other Open Spaces within and Surrounding such Buildings, and to Establish the Boundaries of Districts for `the said Purposes and Prescribing Penalites for the Violation of its Provisions" Cq passed on the fifth day of February, 1923, as heretofore amended, be �.., amended to read as follows: • d "SECTION 3: In Residence Districts, Area District "A" and Area District "B" the purposes permitted are for one or more of the following specified uses: 1. Dwellings 2. Churches 3. Educational Institutions 4. Transportation rights of way 5. Passenger stations 6. Public parks and playgrounds 7. Public libraries 8. Police and fire departments 9. Streets and alleys Provided, however, that in Residence Districts, Area District "A", no building or residence shall be hereafter constructed or remodelled for the use of more than one family; and provided further that in Residence Districts, Area District "B", in addition to the uses above specified premises may be used for hotels, lodging or boarding houses not involving, however, conduct of a retail business on the premises; and provided further, in addlion to the uses above set forth permitted in Residence Districts, Area District "A", there shall be per- mitted accessory uses customarily incident to the above uses, including uses for professions and home occupations engaged in by the occupants of a dwelling in such dwelling not involving the conduct of a retail business on the premises, but not in- cluding, however, garages arranged or designed to accomodate more than four passenger motor vehicles of the type commonly defined as pleasure cars." SECTION 2. All ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby repealed. SECTION ). Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resits en- forcement of any of the provisions of this ordinance, shall be fined not less than T4enty-five ($25.00) Dollars, nor more than Two Hundred ($200.00) Dollars for each offense. Each day that a violation is per- mitted to exist shall constitute a separate offense. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED this . day of 1940. APPROVED this day ofA 1940. EDGAR J. FRIEDRICH, Ciy clerk HOBART M. AHBE, Mayor 280 The motion was made by Alderman Dopheide and seconded by Alderman Schwanbeck to suspend the rules and to place this proposed ordinance upon its final passage. The Mayor put the question on the motion to suspend the rules and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Henrich, Loos, Dopheide, Carlson, Friott, Lemke, Schwanbeck and Campagna. Nays; None. The Mayor thereupon declared the motion carried, the rules suspended and the proposed ordinance before the Council for final disposition. The motion was then made by Alderman Carroll and seconded by Alderman Dopheide to f inal4pass and adopt this proposed ordinance. The Mayor put the question on the motion to adopt and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Henrich, Loos, Dopheide, Carlson, Friott, Schwanbeck and Campagna. Nays; Ilderman Lemke. The Mayor thereupon declared the motion carried and the said ordinance passed. Mayor Ahbe thereupon signed the said ordinance in approval thereof, which approval was attested by Edgar J. Friedrich, City Clerk. The motion was then made by Alderman Henrich and seconded by Alderman Carroll to order the Clerk to cause this ordinance to be published in the Des Plaines SSuburban Times. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. SANITARY DISTRICT - CUMBERLAND INTERCEPTOR SEWER: The Clerk then read the following letter: THE SANITARY DISTRICT OF CHICAGO Chicago March 1, 1940 Mr. Edgar J. Friedrich City Clerk, City of Des Plaines City Hall Des Plaines, Illinois Dear Sir: I have delayed answeroing your letter of January 26, 1940 in order to endeavor to obtain some information concerning the problems involved in the request that you make for the consideration of an intercepting sswer in the vicinity of the intersection of Wolf and Golf Roads. Unfortunately, between the weather and the other work on hand which had tole turned out, I have not been able to give the matter the consideration that I would like to. However, I would point out that our budget is made up towards the end of 1939 and your request arrived too late for consideration at this time. However, I will bear the matter in mind. Our Chief Engineer has been requested to make a report on the matter. With best regards, I am Yours very truly, Signed: ROSS. A. WOODHULL. The Mayor ordered this letter placed on file. SALVATION ARMY - PERMIT TO SELL "WAR CRY": The Clerk then read the following letter: THE SALVATION ARMY Chief of Police Des Plaines, I11. My dear Sir: March 2, 1940 I am writing you for permission to see the Easter issue of our "War Cry" in the City of Des Plaines. You have been very kind in the past in allowing us to sell there from time to time. Our workers will be in full Salvation Army uniform and will register at Police Headquarters if you so desire. If possible we would 281 like to sell there Thursday, Match 14th. Thanking you for your cooperation in this effort, I remain Sincerely yours, Signed: Charles C. Overstake, Major. The motion was made by Alderman Campagna and seconded by Alderman Henrich to grant the request contained in the above letter. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. REQUEST COUNCIL CHAMBERS FOR CONCERT: The Clerk then read the following request: DES PLAINES SCHOOL OF MUSIC 1406 Jefferson Street Mar. 18, 1940 City Clerk City of Des Plaines Municipal Building Des Plaines, Illinois Dear Sir: I would like very much to have the privilege of using the meeting hall Friday night either April 12th or 19th, 8:00 P.M. to present our annual Spring Concert. There will be no admission charge. We have an orchestra of ten players and nine soloists, most of whom are residents of Des Plaines. Hoping that you will give this request your most serious atten- tion, I am Yours very truly, Signed: C.A. PERRY, Director The motion was made by Alderman Dopheide and seconded by Alderman Friott to refer this letter to the Committee on Public Works, Buildings and Plats with full power to act. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. DANGEROUS BUILDING IN DES PLAINES VILLAS: The Clerk then read the following letter: To the Mayor and City Council Des Plaines, Illinois March 20, 1940 Subject: Dangerous Buildings The Des Plaines Villas Civic Club reported to me that there were 2 party completed buildings on west grant Drive which were dangerous and unsightly, and recommended that I report same to the City L'ouncil March 18, 1940, so that the Mayor could appoint a committee to assist the Building Inspector with the investigation. The Legal description of these properties are as follows: 1 par completed building on Lot 17, Block 6 Des Plaines Villas,,a subdivision of the East of the NE - of Section 19-41-12. 1 partly completed building of Lot 19, Blcok 6 Des Plaines Villas, a subdivision of the E of the NE4 of Section 19-41-12. Permits were issued for these buildings on December 11, 1929 to John H. MacMillan, 134 N. LaSalle Street, Chicago, Illinois. Lot 17, Permit No. 133,.--9.68_ West Grant Drive; Lot 19, Permit No. 134, 980 West Grant Drive. Respectfully submitted, Signed: FRANK SCHARRINGHAUSEN, Bldg. Insp. 282 Mayor Ahbe thereupon informed the Council that a commission ps provided by law would be appointed in the near future to report upon the building in question. TO RECONSIDER W.P.A. RECREATION PROJECT: Fred Hess, chairman of the Recreation Council sponsoring the W.P.A. recreational project quartered in the basement of the Municipal Building, reported that unless the City Council recinds its action prohibiting public dances in the basement of the Municipal Building, and limiting sports to 5:00 P.M., the project in question will probably be discontinued entirely. The motion was made by Alderman Carroll and seconded by Alderman Johnson to re -commit this matter to the Committee on Public Works, Buildings and Plats for further study and report, with the suggestion that the Committee arrange a meeting to which all members of the City Council, all members of the Park Board and all members of the Recreational Council be invited. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. PARK RIDGE ASKS REDUCTION IN INCINERATOR RATE: Alderman Campagna chairman of the Sewer, Drainage and Sanitation Committee reported that the plans of the City of Park Ridge to dispose of its garbage and waste at a cost of 75¢ per load has not materialized, and that Park Ridge wished to have Des Plaines continue to burn its garbage but requests a drastic re- duction from the 0.00 per ton rate paid heretofore. Mayor Ahbe referred this matter to the Sewer, Drainage and Sanitation Committee for investigation and recommendation. ASKS THAT STREETS BE CLEANED: The motion was made by Alderman Dopeide and seconded byAlderman Carroll to order and direct the S t n n ?clear p istpkgotioEe e the winter's accumulation of cinders/ �n vo eiuponor the Tyraccciamanrme the Mayor declared the motion carried. APPROVAL OF MINUTES: Each member of the Council having been supplied a copy of the minutes of the regular Council meeting held Monday, March 4, 1940, the motion was made by Alderman Dopheide and seconded by Alderman Schwanbeck to approve the said minutes. The motion was voted upon by accla- mation whereupon the Mayor declared the motion carried and the said minutes approved. APPROVAL OF BILLS: The Finance Committee, through its Chairman Alderman Johnson then introduced the following proposed resolution: RESOLVED THAT THE FOLLOWING BILLS AND WAGES ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO DRAW PROPER WARRANTS UPON THE CITY TREAS- URER IN PAYMENT OF THE SAME. 5544 Des Plaines Publ. Co. 5546 Burroughs Adding Mach Co 5548 Harry E. Kruse 5550 Frank A. Bremer & Son 5552 Public Service Co 5554 Lagerhausen Lbr. & Coal 5556 Socony Vacuum Oil Co 5558 Joseph Gudenas 5560 Bert Sweeney 5562 Nagel Sales & Service 5564 Bert Sweeney 5566 Meyer Coal & Matti. Co 5568 B.F. Kinder's Sons 5570 Nagel Sales a Srv. 5572 Addressograph Sales Agency 5574 C.G. Hussey & Co 5576 E.I. DuPont DeNemours & Co 5578 Public Service Co 5580 Chas. M. Larson 22.75 5545 Des Plaines Journal Inc 16.90 5547 Frank A. Bremer & Son 4.49 5549 A. Kennicott 5.25 55$1 City Clerk Petty Cash 456.51 5553 Wm. Radlein 4.22 5555 Prairie -Lee Paint Store 5.15 5557 Public Service Co 3.00 5559 Albert Ritter 15.00 5561 Union Linen Supply Co 2.71 5563 Public Service Co 50.00 5565 Fred Kaufman 7.61 5567 Lagerhausen Lbr. & Coal 1.50 5569 Kruse Bros. Sery Sta 11.28 55111 Burroughs Adding Mach Co 5.05 5573 City Clerk Petty Cash 23.23 5575 Standard Oil Co 31.87 5577 Union Linen Supply Co 3.00 5579 Public Service Co 610.66 7.25 1.55 75.00 .58 46.80 22.66 50.90 65.00 1.50 1.98 45.60' Co 18.50 25.74 53.90 5.03 36.20 1.50 28.46 The motion was made by Alderman Johnson and seconded by Alderman Dopheide to adopt the said proposed resolution. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Henrich, Loos, Dopheide, Carlson, Friott, Lemke, Schwanbeck and Campagna. Nays; None. The Mayor thereupon declared the motion carried and the said resolution addpted. CY 1 283 PASS 1940 APPROPRIATION ORDINANCE: The Clerk then read in its entirety for second reading the 1940 Appropriation Ordinance entitled: AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES FOR MUNICIPAL PUR- POSES DESIGNATED THE "ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR COMMENCING JANUARY 1, 1940 AND ENDING DECEMBER 31, 1940. The motion was made by Alderman Carroll and seconded by Alderman Johnson to finally pass and adopt this proposed ordinance as read. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Loos, Dopheide, Carlson, Friott, Lemke Schwanbeck, and Campagna. Nays; Alderman Henrich. The Mayor thereupon declared the motion carried and the said ordinance passed. Mayor Ahbe thereupon signed the said ordinance in approval thereof, which approval was attested. by Edgar J. Friedrich, City Clerk. The motion Was then made by Alderman Carroll, and seconded by Alderman Lemke to order the Clerk to cause this ordinance published in the Des p Plaines Suburban Times. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Lemke, Schwanbeck and Campagna. Nays; Aldermen Henrich,Loos, Dopheide, Carlson and Friott. The Clerk reported the vote a tie whereupon Mayor Ahbe cast his vote as "Aye" and declared the motion carried. CONSIDER FUNDING OF JUDGEMENTS: The motion was made by Alderman Henrich and seconded by Alderman Loos to instruct the City Attorney to con- tact the various judgement -holders regarding possible settlements in connection with finding outstanding judgements. 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 Johnson to adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the Council regularly adjourned. EDG ED CH, City Clerk