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08/19/19465.18 (MINUTES CONT'D.) APPROVAL OF MINUTES: The members of the Council having been supplied with copies of the minutes of the regular meeting of July 15, 1946 and the special meetings of July 22, 26 and 29, 1946, the motion was made by Alderman McKay and seconded by Halverson that the minutes be approved. The motion was made and voted upon by acclamation whereupon the Mayor declared the motion carried and the said minutes approved. ADJOURNMENT: The motion was made by Alderman McKay and seconded by Harm to adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the meeting regularly adjourned. • OTTO W. J.ICH, CITY CLERK. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES•, 'ILLINOIS, HELD IN THE COUNCIL CHAMBERS, MONDAY EVENING, AUGUST 19. 19461 AT 8:00 P.M. CALL TO ORDER: The meeting was called to order by Mayor G. Walter Pflug• haupt, who presided, and the Deputy Clerk called the roll with Aldermen Johnson, Napieralski, Vavrinek, Wolf, Kehe, Scharringhausen, McKay, Harm and Halverson re.. sponding to the roll -call. OFFICERS' REPORTS: A. M. Esser,•Superintendent of Public forks, told the Council of his department's need for a storage place for equipment. City Engineer Fletcher reported that they were 120' down with the new well and had struck limestone first at 901, in comparison to 165' for the Cater Well and 1971 for the Normal Well. He stated that more progress had been made above ground. P Police Chief H. Becker reported officially that the arsonist who had started the fires in Des Plaines last March, was in the custody of the local Police Department. Chief Becker said that a signed confession admitting starting the fire at the Beckwith address on Graceland was inhis hands, and more confessions are expected. Chief Becker also reported that the State Highway Department had made a four-way stop at Rand Road and Miner Street (Dempster) and had placed the signs up. WALNUT AVENUE STORM SEWER: The Deputy Clerk then read the following letter: August 19, 1946 Honotable Mayor and C ity Council Des Plaines, Illinois Gentlemen, I herewith submit to you complete plans and specifications together with a de- tailed cost estimate of what I have called "The Walnut Avenue Storm Sewer". This storm sewer has been designed to serve that area of Des Plaines from the C. & N. W. Railroad south to Algonquin Road and from the Des Plaines River west to the City limits. The eastern half of this area is one of the most densely populated sections of Des Plaines; the western half is growing rapidly. At the present time there are more than sixty homes under construction in this area and within the next five years more than 500 additional homes will be built. • During the heavy rain storm of several weeks ago many of the basements in this area were flooded. As more homes are built more basements will be flooded. The need for an adequate storm sewer system in Des Plaines is second only to our need for an adequate water supply. This storm sewer will serve, directly or indirectly, more than 3,000 lots. The estimate cost of the sewer is $300,000.00 or approximately $100.00 per lot. Those lots receiving a direct benefit may be assessed more than those which will re- ceive an indirect benefit. $100.00 is an average cost per lot. As you know, these plans are a part of our Post -War program. Your permis- sion is herewith requested to submit two copies of the plans and specifications to the Illinois Post -War Planning ''ommission. Respectfully submitted, (signed) E. N. Fletcher, engineer for Des Plaines 519 (STORM SEWER CONT�D.) The motion was made by Alderman Halverson -.and seconded by Kehe to refer this to the Water,,Sewer.and_Public Buildings Committee for sti4 and to call a meeting of the Council as a Committee,of the whole. The motion was voted upon by acclamation where upon,the Mayor declared the motioncarried and the.letter so feferred. PUBLIC PROTECTION COMMITTEE REPORT: The:Deputy Clerk then read the following: Your Committee on Public Protection has investigate the matter regarding two appli- cationg for tax -cab operation in Des Plaines and has found that in our opinion the increage in population and public convenience require two additional.cabs. We, your ''ommittee on Public Protection,. therefore recommend that the present ordinance he changed from eleven to thirteen cabs. , Sigaed,EW Johnson, LJ Vavrinek, PJ $cYaarringhausen, SE McKiay The motion was made by Alderman Johnson and seconded by Scharringhausen that the report be concurred in. The motion was voted upon by acclamation whereupon the _Mayor declared the motion carried and the said report concurred in. - MUNICIPAL DEVELOPMENT COMMITTEE: Alderman McKay, Chairman of the Munici- pal Development committee, reported that nothing had been done with regards to the plat of the Des Plaines Countryside of Mr. L. Klein. PUBLIC RELATION COMMITTEE REPORTS: The Deputy Clerk then reads Your Committee cn Public Relations & City Attorney have ipvesitigated the let- ter from the Chamber of Commerce with regard to telephone service and have pre- pared a letter setting fortJi facts over the City Attorney's signature. Signed: T. R. Napieralski, Chairman slso: Ycur Committees on Public Relations and Municipal Development have investigated the trailer camp on Pitt Farm and have found: A trailer camp activity was starting on the above -identified farm. Report was made to the Cook County Zoning Bureau, inasmuch as the area is not zoned for a commercial enterprise. Chief Enforcement Officer Mullins of the Board investigated very promptly and served a violation notice. The owner promised to abate the violation within the two weeks' period allowed. We your Committees therefore recommend that the matter be permitted to remain in the hands of the County enforcement authorities, placing relianpe for further vigilance on them and on the residents of the area who first brought tk}e matter to the Council's attention. Signed: HJ Kehe, RG Wolf, HJ Halverson, TR Napieralski,Chairman PJ Scharringhausen, EW Johnson, SE McKay,Chairman also: With regards to the partial blockades at Graceland and Willoy, I have contacted Mr. Scott of the Greenfield Village Civic Club, who promised dio organize the neces- sary group of members to see to it that the barricades are taken off the street at night. He reports that the partial blocking of the street has worked out successful« ly.for safety of children and residents of the area. action I will check this matter periodically and recommend that no further/be taken at this it= time. signed, T. R. Napieralski, Alderman 1st Ward The Mayor ordered the reports placed on file. APPROVAL OF BILLS: The Finance Committee, through its Chairman, Alderman Kehe, presented the following proposed resolution: RESOLVED THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE HEREBY AUTHORIZED TO DRAW UP PROPER VOUCHERS IN PAYMENT OE SAME. 17270 D.P. Publishing Company $ 35.50 17271 PF Pettibone & Co. $ 18.63 17272 City Clerk's Petty Cash 32.95 17273 Vil. Elec. & Rad. Shop 77.55 17274 H. A. Becker 26.50 17275 Water Dept. Petty Cash 22.11 17276 James B. Clow & Sons 331.23 17277 Grote Mfgr. Co. 50.04 17278 Louis Esser & Sons 72.00 17279 Fred Bergman114.00 17280 Johnson "lectric 2.25 17281 Western Contractor's Sup.4.94 17282 Erie Railroad Co. 221.89 17283 Sears, Roebuck & Co. 111.69 52 0 (BILIS CO T'D ) 17284 C. L. Bishop $ 19.00 17285 17286 Frank Saville 5.54 17287 17288 Frank A. Bremer & Son 18.41 .17289 17290 Roy Anderson 1.27 17291 17292 Donald.Parent 1.32 1'93 17294 Norbert Raupp 4.25 17295 17296 Otto Kuhn 3.44 17297 17298 George Johnson .84 17299 17300 D.'Auberg 1.55 17301 17302 L. W. Griffiths 3.87 17303 17304 Irene M. Snyder .91 17305 17306 R. G. kchorn 2.07 17307 17308 J. L. Sawin .33 17309 17310 G. E. Gilberson 5.00 17311 17312 Des Plaines Aency, Inc.5.70 Homelite Corp. Geo. F. Eilers Burroughs Addings Fre61 Huebner, Jr. M. N. Wentworth Paul H. Ross John Raposkey H. J. Reeves M. Heimgaertner F. W. Hoefferle T. D. Wilson Wm. H. Mollnhausr Henry Clieesman James I. Mills $261.34 22.80 Mach. Co. 19999 4.00 1.05 3.44 1.67 3.16 4.25 1.55 .81 1.70 1.63 1.37 The motion was made by Alderman Kehe and seconded by Scharringhausen that the said resolution be adopted. The Mayor put the question and the Deputy Clerk called the roll with the following result: Ayes; Aldermen Johnson, Napieralski, Vavrinek, Wolf, Kehe, Scharringhausen, McKay, Harm and Halverson. Nays: None. The iiayor thereupon declared the motion carried and the said resolution adopted. FINANCE COMMITTEE REPORT: The Deputy then read: After scrutinizing the letter fron the Chamber of ommerce we find that some of the statements made in this letter are ambiguous, inasmuch as the necessary inspeftions are made at the proper time. The ordinance provides for a sign license fee and not entirely an inspection fee. - We, your committee on Finance & Public Protection therefore recommend that the Sign Privilege Ordinance be left intact and enforced. signed: LJ Vavrinek, TR Napieralski, HJ Kehe, SE McKay, HC Harm, EW Johnson The motion was made by Alderman Keho and seconded by Johnson that this report be concurred in. The motion was voted upon by acclamation whereupon the Mayor declared the report concurred in. The Clerk was instructed to write a letter to- the Chamber of - ommerce informing them of this report. • RAILROAD IIETTERS: The Deputy Clerk then read the following letters: August 13, 1946 Mr. Otto 1% J. Henrich, City Clerk City of Des Plaines Dear Sir: Wish to acknowledge the receipt of your letter of August 7th, with re- spect to complaints received as to the locomotives whistling during the early perking hours, also complaint as to the freight switching, and the crossing bells continuing to ring for a long time. We are making a further investigation on these complains and will advise you further the result of our investigation. Yours very truly, • (signed) HA Parish, Sup't,, C. & N. W. Dear Sir: This will acknowledge receipt of your letter of August 7, 1946, in re- gard to complaints you have on excessive whistling by locomotives. We, of course, are more than glad to cooperate in reducing all unnecessary noise although you will appreciate that certain whistle signals are necessary for safety of operation and our enginemen have again been cautioned to see that this is restricted to absolute necessity. Our railroad does ho# go through the City of Des Plaines so that we would not have any crossings through your town. Yours truly, Supt',Terminals Chcgo, Milw. St. Paul & Pacific R. R. Dear Sir' • • • I am in receipt of your letter of August 7th, in regard 'to complain brought up at your City Council -meeting held Monday evening, August 5th, about unnecessary whistling by trains -passing through the City,.which includes our company. (LETTER OONTID.) J We have handled this matter with all of our engineers and cautioned them to use, extraordinary good judgment in handling the engine whistle through the City of Des Plaines. As you know, the state law provides that the engine whistle must be sounded a certain distance approaching each highway crossing, and that the whistle must be sounded until the locomotive has passed over the highway, and of course, we have no authority to disregard the state law.,, If the City Council of the City of Des Plaines feels that the whistling through that ity should be discontinued entirely, then I would suggest that a City Ordinance be passed to that effect, and of course, you will have to have the concurrence of the Public Service Commission to make the ordinance legal. Yours truly, (signed H. A. Sparks, Supt'. Minn., St. Paul & Sault Ste. Marie R. R. The Mayor ordered the L'lerk to give copies of these letters to the Public Relation Committee for study and investigation. THIRD AVENUE -NO. GOLF CUL DF S AC ORDINANCE: The Deputy Clerk then read for second reading the following ordinance entitled: AN ORDINANCE FOR THE IMPROVEMENT OF PARTS OF THIRD AVENUE AND NORTH GOLF CUL DE SAC WITHIN THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, INCLUDING THE COST OF FURNISHING ALL LABOR, EQUIPMENT AND MATERIALS. The motion was made by ."1derman Napieralski and seconded by McKay that the ordinance be adopted as read. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Aldermen Johnson, Napieralski, Vavrinek, Wolf, Kehe, Scharringhausen, McKay, Harm and Halverson. Nays: None. The Mayor thereupon de- clared the ordinance adopted as read. CITY ATTORNEY REPORTS: The Deputy Clerk then read: Regarding petition of 17 citizens for demolishing the old building on rear of Lot 2 Block 7, McIntosch's Addition to Des Plaines Heights, Your City Attorney has invesitigated and has found after formal notices having been served, that there was a change of ownership and the new owners have prpared plans and specifications to rebuild the structure andmake it presentable. The plans have been approved and building permit issued. Frank M. Opeka, City Attorney The report was ordered pla ceion file. The Deputy Clerk also read: _August 19, 1946 Mayor and City Council Des Plaines, Illinois Gentlemen: The letter from the Chamber of "ommerce addressed to yourselves with ref- erence to the Middle States Telephone Company has been referred to the undersigned and the Public Relations L'ommittee, In reply, I wish to advise as follows: The Middle States Telephone Company secured a 20 year franchise to operate within the City of Des Plaines by Ordinance duly adopted and approved on February 1, 1943 and published in the DES PLAINES SUBURBAN TIMES on February 4, 1943. The Ordi- nance is in full force and effect apd the franchise is to expire onl+bbruary 1 1963. Section 9 of said Ordinance provides, among other things, that the 'om- pany will "give to all its subscribers within said City, efficient and continuous telephone service for twenty-four (24) hours each day during the period this Ordi- nance shall be in force". Section 12 of said Ordinance provides that all the rates, charges, regu- lations and practices pertaining to its service furnished within the City shall at all times be those approved by the Illinois Commerce Commission or its successor in authority. Section 15 of the Ordinance provides that the failure on the part of the Telephone C ompany bo comply with any or all of the conditions of the Ordinance, may at the option of the City, work a forefeiture of all rights given under this Ordi- nance, providing however, that no forfeiture of such rights shall exist or be claimed because of such failure until due notice of such failure shall be given to said L'om- pan„y and a reasonable opportunity afforded it to correct the things complained of and by such ,corrections thereby duly comply with the provisions of this Ordinance and providing further that any failure or violation of this Ordinance which may be due (ATTORNEY'S LETTER CONT D.) TO THE application of any present or future state or federal law, regulation or order shall not be recognized or treated as a filure or violation and shall not effect the validity of the franchise. • From the foregoing it may be concluded 1st: that the City has an option to declare a forfeiture; 2nd: that before declaring such forfbiture it must giwe•the Company a reasonable opportunity to correct the complaints charged; and 3rd: that if any of the complaints are predicated on any rause brought about by obedience to any state or federal law, rule or regulation, such compliance would not constitute a "cause for forfeiture. The Telephone Company operates under the jurisdiction of the Illinois Commerce Commission as to its local service and is amenable to its orders. Should it be desired, a petition filed with the Illinois Commerce Commission by the City would not eoubt bring a hearing on this matter. The rules of the,Commission with regards to notices, etc. would have -to be complied with and would take possible at least 30 days for the earliest hearing. Accordingly, it is rq recommendation that a formal meeting be called to include some Committee of the ouncil, a Committee of the Chamber of Commerce and representatives of the Telephone Company to discuss the complaints, the causes there- fore, and the immediate remedy available. Respectfully submitted, (signed) Frank 11. Opeka, (lity Attorney The motion was made by Alderman Napieralski and seconded by McKay that a copy of this letter be sent to the Chamber of Commerce along with a letter suggesting they call a meeting of the Chamber of L'ommerce, a Committee of the Council, and representatives of the Middle States Tel. Co. The Mayor appointed the Public Relation Committee. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. ITASCA CONTRACT: The Deputy Clerk then read the following contract: CONTRACT • WHEREAS the Citycf Des Plaines owns and operates a garbage disposal plant and; WHEREAS the Village of Itasca is without facilities for the disposal of the garbage of its inhabitants; and WHEREAS the Village of Itasca desires to haveits garbage disposed of in the garbage disposal plant of the City of Des Plaines; NOW, THEREFORE, it is agreed by and between the City of Des Plaines and the Village of Itasca, as follows: 1. The City of Des Plaines will accept from the Village of Itasca any and all garbage of the Village of Itasca for disposal at the incinerator in the City of I)es Plaines and the City of Des Plaines will dispose of all•of said garbage for the sum of Three Dollars ($3.00) per ton. 2. The City of Des Plainesa.ssumee no responsibility of collecting said garbage, but said garbage is to be collected by the Village of Itasca and delivered to the incin• erator in the City of Des Plainest. 3. The City of Des Plaines will bill the Village of Itasca on the first day of each month for all garbage dispose of during the preceding month and the Village of Itasca agrees to pay for said disposal service within thirty days from date of billing. 4. It is expressly understood that all garbage collected in the village of Itasca from homes and apartments must be wrapped in paper before disposal into garbage cans or receptacles, as is provided by the Ordinance of the City of Des Plaines governing the collection of garbage. 5. It is further expressly understood that this contract is in no way meant to cover the disposal of rubbish, trash, tin cans or junk. 6. This agreement is to remain in full force and effect for the period of September 1, 1946 to August 31, 1949 unless sooner terminated as hereinafter provided. 7. It is further expressly understood that this agreement may be terminated by the City of Des Plaines upon giving thirty (30) days notice in.writing to the Village of Itasca in the event that said City of Des Plaines finds that it is unable to dispose of the garbage as herein provided. 8. And it is further expressly understood that this agreement may be terminated by the village of Itasca upon giving thirty (30) days notice in writing to. the City of Des Plaines. WITNESS the signatures of the City of Des Plaines and the Village of Itasca by its respective Mayor and City Clerk and the President and the Village Clerk this d.ay of August, A. D. 1946. The motionwas made by Alderman Johnson and seconded by Scharringhaauen that the Mayor and City Clerk be authorized to execute the contract for the City. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. A letter and the two copies were ordered sent to the Village of Itasca. (MINUTES COT,14); ORDINANCES.:The.Deputy Clerk then read,for first reading an,ordinance entitled: AN ORDINANCE AMENDING SEOTION 16 OF THE ZONING ORDINANCE OF DES PLAINES and alsofor first reading, the ordinance entitled: , AN ORDINANCE "MENDING AN ORDINANCE ENTITAED" AN ORDMANCR. TO CLASSIFY, REGULATE AND RESTRICT THE LOCATIONS .0,TR4PgS AND INDUSTRIES- AND TIM LOCATION OF BUILDINGS 'DESIGNED AIR • SPECIFIES USES: TO REGULATE AND LIMIT THE INTENSITY' OF THE USE OF LO TI AREAS AND TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES TJITHIN AND SURROUNDING ' SUCH BUILDINGS, AND. TC ESTABLISH THE BOUNDARIES OF DIslmors, FORTHE SAID PURPOSES AND PRESCRIBING nmatus FPt THE VIO- LATION OF ITS PROVISIONS", PASSED PEBOARY 5, 19231 AS HER* TOFORE AMENDED. 04 • The motion was made by Alderman Napieralaii and seconded by Johnson that the rules be suspended and the first ordinance be placed on its final passage. The mAror put the question and the Deputy Clerk called the roll with the foliating result: es: Aldermen Johnson, Napieralski, Vavrinek, To1f, Kehe, SCOrringhausen, McIayt, rm and Halverson. Nays: none. The Mayor thereupon declare&•the motion carried, t rules suspendNand the ordinance before the Council for final passage. The motion was then made by 11.derman Napieralski and seconded w M4gy that the ordinance be adpted. The Mayor put the question and the Deputy called the roll with the following result: Ayes: Aldermmn Johnsen, Napieralski, Vavrinek, Wolf, Kehe,%harringhusen, McKay., Harm and Halverson. Mors, None. lbe Mr theree upon declared,the motion carried and the ordinance adopted. Tlel motion was made „ by Alderman McKay and seconded hy Scharrinsponsen that the ordinance be Publioll°4 - in the DES PLAINES JOURNAL. The motion was voted upon by acclamation whereupon, , the Mayor declared the motion carried. The Motion was then made by 'alderman Napieraleki and seconded by Johnson that the rples be suspend and the second ordinance be put on its final passagts. The Mayor put the question and the Deputy caled the roll with the following result: Ayes: Aldermen Johnson, Napieralski, Vavri neh. Iblf, Kehe, ScAlarringhausen, Harm and Halverson. ilayst None. The mot tiloeutron dbaured the motioncarri,d, the rules suspended and the ordinance before the Council fpr. final passage. , Themotion was made hy Alderman McKay and seconded 1* HalversonS that the ordinance be adopted as read. The Mayor put the question.and the Deputt called the roll with the following result: Ayes: Aldermen Johnson, Napieralski, Vavrinek, Wolf, Kehe, Scharringhausen, McKay, Harm and Halverson. Nays: None. Tho Mayor thereupon declared the motion carried and the ordinance adopted as read. The motion was made by Alderman Wolf and seconded by Johnson that the ordinance be published in theDES PLAINES SUBURBAN TIMES. The motion was toted upon by acclamation whereupon the Mayor declared it'carried. GREEN FIELDS HOMES, INC., AGREEMENT: The Deputy Clerk then read: THIS AGREEMENT Made and. Entered into by and between the CITT.OF DES PIIINES4,A Mu- nicipal Corporatton, party of the first part and GREEN FIELDS' 008, INC.,p arty of the second pert: WITNESSET H: • WHEREAS, the party of the second part finds it necessaryt procure s water supplr to service the proppective homes in its subdivision on Potter Road and is desirous of prosudiingsuch a supply from the City of Des Plaines in accordance with its • ordinances; and WHEREAS, the Gity of Des Plaines is willing to supply said part of the second part with water service in accordance with its ordinanoe; NOW, THEREFORE, In eopsideration'of the premises and covenants hereinafter set forth, it is agreed as follows: 1. The City of Des Plaineshereby agrees to furnish water service to thepartraf the second part insofar as it will not jeopardize the:citizens of the City of Des • Plaines during any emergency that may arise as hereinafter set forth. 2. The City of Des Plaines will not be required to furnished water service: (a)when water is not available because of any breakdown of its pumping system; (b) when the Fire Marshal decrees that all the available water is necessary during any serious' fire; and(c) when an emergency for the protection of public safety and welfare is determined by resolution of the city Council. 3. The party of the second part agrees to: (a) Pay the cost of construction andinstallati6n of a water main from the city limits to its.respective properties, .or from any point designated by the City Engineer, and agrees furth to pay for the meter and all permit fees. (b) Pay for all engineering and inspectithn fees for such installation which is to be made in accordance with the plans and specifications of the City and under direct supervision of the City Engineer. 524 (AGREEMENT CGNT'D.) (c) Pay for such water service measured through a master meter, the following rates: First 10,000 Cubic feet at Ninety-nine Cents (99) per onehundred cubic ft.; Second 10,000 Cubic Feet at Sixty-six Cents (66b) per one hundred cubic ft.; Over 20,000 Cubic feet at Fifty Cents (50¢) per one hundred bubic feet, 4. It is further mutually agreed that the part of the second part agrees td procure all necessary easements for lands over which this pipe extension is to be made ani to cause such easement to be made to the City as well as to the said second party. 5. It is mutually agreed that no other person shall connect on said water main ex- tension except upon the joint consent of the parties hereto. 6. The party of the second part hereby agrees to hold harmless the City of Des Plaines for turning off the water supply when occasioned by an emergency within the city which would jeopardize its residents as hereinabove set forth. 7. The covenants and agreements herein contained shall inure to and extend to the heirs, administrators, executors, successors and pit assigns of the parties hereto. IN WITNESS WHEREOF, THE City pf Des Plaines has cd.ised these presents to be signed by its Mayor and attested to by its Clerk, who affixes hereto the official seal; and the party of the second part has caused these presents to be signed by its President and attested to by its Secretary... The motion was made by Alderman Halverson and seconded -by Vavrinek that the Deputy glerk and Mayoy be authorized to enter into this agreement -with Green Fields Homes. `he motion was Voted upon by acclamation whereupon the Mayor declared the motion carried. HARRY DOOLEY AGREEMENT: The Deputy Clerk then read an agreement "MAde and Entered into by and between the CITY OF DES PLAINES, a Munici pal Corporation party of the first part and HARRY A. DOOLEY, party of the second party" which contains the same wording as the agreement between Green Fields Homes, Inc. and the City of Des Plainee, The motion was made by Alderman Halverson and seconded by Vavrinek that the Mayor and Deputy Clerk be authorized to execute the agreement. The motion was voted'upon by acclamation whereupon the Mayor declared the motion carried. DOOLEY-GREEN FIELDS HOMES. INC. AGREEMENT: The Deputy then read THIS`AGREEMENT Made and Entered into by and between the CITY OF DES PLAINES, A Municipal'Corporation, Cook County, Illinois, party of the first part, and GREEN FIELDS HOMES, INC. AND HARRY A. DOOLEY, both of the City of Des Plaines, Illinois, parties of the second part: • WITNESSETH: WHEREAS, the parties of the second part find it necessary to procure a water supply to servio3 the prospective homes in their respective subdivisions in the vicinity of Potter and Dempster Roads and have concluded negotiations for procuring such a supply from the City of Des Plaines; and WHEREAS, It is necessary to increase the water mains within the City fromlbs Plaines Avenue to Rand Road to render such Hater service by the City to the parties oftile second part; NOW, THEREFORE, in consideration of the premises and of the sum of One Dollar by each paid to the other and the covenants hereinafter set forth, it is agreed as follows: 1. That the City of Des Plaines when ready, will increase the water mains from Des Plaines Avenue to Garland Place and from Garland Place to Rand "oad, which said Main is to he a ten -inch main; 2. That said improvements is to be made upon plans and specifications to be approved by the City Council and shall be installed and inspected under the supervision of the City Engineer; 3. The Green Fields Homes, Inc., agree to pay seventy-five per cent (75%) of the cost of the installation of the ten -inch main from Garland Place to F and ttoad and 'Harry A. Dooley agrees to pay twenty-five per cen t(25%) of the cost of such instal- lation. 4. The Green Fields Homes, Inc. in addition to the foregoing, agree to deposit fith and pay to the City of Des Plaines, the sum of Twenty-five Hundred Dollars(t2500.00) for the increase of main from Garland Place to Des Plaines avenue; 5. It is mutually agreed that the covenants and agreements herein contained shall . inure to and extend to the heirs, administrators, executors, successors and assigns of the parties hereto. IN WITNESS THEREOF THE City of Des Plaines has caused these presented to be signed by its Mayor and attested to by its City Clerk, who affixes hereto the official seal; and Green Fields Homes, Inc. has caused these presents to be signed by its Pr.esi- . dents and attested to by its Secretary and Harry a. Doa.ley has caused his hand and seal to be hereto affixed, all on the day of August, A. D. 1946. The motion was made by Alderman Halverson andseconded by Vavrinek that the Mayor and Deputy Clerk be authorized to execute the agreement. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. (MTNTTTES CONT'D.) 525 • TAXI -CAB ORDINANCE AMENDED: T e Deputy Clerk then read for first reading'the following ordinance entitled; AN ORDINANCE AMENDING SECTION 608.2 of ARTICLE II or CHAPTER 17 OF- THE RINISED ORDINANCES OF THE CITY OF DES,PLAINES, 1928. The motion was made by Alderman Johnson and seconded by Aapieralski that the rules be suspended and the ordinance pladed on its final passage. The Mayor put the question and the Deputy called the roll with the following result: Ayes: Aldermen Johnson, Napieralski, Vavrinek, Wolf, Kehe, Scharringhausen, McKey, Harm and Halverson. Nays: none. The Mayor thereupon declared the Ootioy(n carried, the rules suspended, and the ordinance before the Council for final passage. The motion was made by Alderman Johnson and seconded by Kehe that the said ordinance be adopted. The Mayor put the question and the Deputy called the roll with the following result: Ayes: Aldermen Johnson, "apieralski, Vavrinek, golf, Kehe, S ch.rringhausen, McKay, Harm and Halverson. Nays: None. The Mayor there- upon declared the motion carried and the ordinance adopted as read. The potion was then made by Alderman Johnson and seconded by Shharringhauuen that the ordinance be published in theDES PLAINES JOURNAL. The motion was goted upon by acclamation whereupon the Mayor declared the motion carried. MAYFIELD PLAT: The Deputy then submitted the following plat entitled: MAYFIELD , BEING A SUBDIVISION OF THE N35 ACRES OF C? THE WW OF THE NWf OF SECTION 22, T41 North, RANGE 12, E of the 3RD. P. M. The Mayor announced that the Plan Commission had approved this plat and that it 'r:t was now before the Council for approval. The motion was then made by Alderman McKay and seconded by Napieralski that the Mayor and Deputy Clerk be authorized to sign the plat. The motion was voted upon by acclamation whereupon the Mayor declared th motion carried. MIHALO-HUNT PROPERTIF,S: Alderman Halverson then reported that the Mihalo family on !White Street had become a public nuisance. Their home has been condemned by the Health and Building Inspectors. The City Attorney informed the ''lderman that the property was in Probate 0ourt, which has to settle the property before any action can be taken. Alderman Halverson also inquired about the Hunt family. The Mayor requested the C%ty Attorney to investigate the Hunt matter. RIVER DRIVE PART]AL VACATION: The Deputy Clerk then read the following: Hon. '`ayor and City Council OP Des Plaines: As the sole owner of all property on the east and west side of River Drive running from Algonquinlbad to S tewar Avenue, it is my decire to vacate River Drive from Ikagonquin to Stewart A„e. This drive has never been used and our City Engineer has indicated he would favor such vacation. I hereby offer $50.00 to the City of Des Plaines, Illinois, to cover the vacation and legal costs necessary to make this change. It is my desire that the ouncil pass an ordinance vacating River Drive fromAlgoc}quin to Steward Ave. Respectfully yours, (signed) C. R.Hunting The motion was made by Alderman Scharringhauaen and seconded by Halverson that the letter be referred to the Streets Committss and the City Attorney: The motion was voted upon by acclamation whereupon the Mayor declared the motion car- ried and so Referred. DOUGLAS AIRPORT EXPANSION: Alderman Aapieralski then stated that the City should do something with regard to thelbuglas Airport Expiaasion. He mentioned an article published in the DFS PLAINES SUBURBAN TIMES which quoted Robert Kingery on the moving of highways. Alderman Napieralski suggested that a committee be appointed . to contact Mr. Kingery for latest information and thinking. The Mayor referred the matter to the Municipal Development, to contact the Aeronattical Chairman do discuss and report. He ordered the Clerk to write to Mr. Stephen, Chairman of the Aeronauti- cal Commission. to arrange for a meeting. APPROVAL OF MINUTES: The members of the Council having been supplied with copies of the minutes of the regular meeting of August 5th, 1946, themotion was made by Alderman Halverson and seconded by Johnson that the said minutes be approved. 526 (APPROVAL OF MINUTES CONT' D . ) Alderman McKay requested the words Interstate be changed to Illinois on Page 6. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the said minutes adopted as corrected. ADJOURNMENT: The motion was made by Alderman Wvrinek and seionded by Wolf to adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the meeting regularly adjourned. 07 04'. J. H fdRICH, CITY CLERK BY / , Teresa Lucey MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, TUESDAY. SEPTEMBER 3, 1914, AT 8:00 P. M, CALL TO ORDER. The meeting was called to order by Mayor G. Walter Pflug- haupt, who presided, with Aldermen Johnson, Napieralski, Vavrinek, Wolf, Kehe, Scharringhausen, McKay andHalverson, responding to roll -call. Alderman Harm was absent the entire meeting. OFFICIAL CANVASS OF SPECIAL ELECTION: Mayor Pflughaupt then ordered that the official canvass of the Snedial Aldermanic Election held September 3rd, 1946, be made and appointed Aldermen Wolf, Kehe and McKay as the Canvassing Board. After a brief recess, Alderman Kehe of the Canvassing "oard submitted the following report: We, the Canvassing Board, have canvassed the returns of the Special Alderman 'lection held September 3rd, 1946, and submit the following results: FIFTH WARD Precinct_1 Precinct_2_ • Total Walter L. Morava 281 148 429 George N. E nzenhacher 179 153 332 Spoiled Ballots _4_ 6 10 TOTAL 464 307 771 Alderman Kehe then read the following resolution: RESOLUTION DECLARING THE RESULTS OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD SEPTEMBER 3, 1946, AND DECLARING THE- WINNER THEREOF. WHEREAS, a special election was held on Tuesday, September 3, 1946, for the purpose of electing an Alderman from the 5th Ward to fill the vacary for the unexpired term of Samuel C. Campagna, Deceased, and to serve until his successor is elected and qualified, as provided by law; and WHEREAS, the City Council, as by Statute in such case made and provided, has can- vassed`the votes cast at such election, and the result of said canvass being as follows: WALTER L. MORAVA received 429 votes; Geo. M. ENEENBACHER received 332 votes. and is ready to declare the results thereof, NOW, THEREFORE: - BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS: Section 1. That Walter L. Morava having received the highest number of votes cast, be and he is hereby declared to betduly-elected to the office of Alderman of the 5th Ward for the unexpired term, to serve until his successor shall be elected and quali- fied at the next general election to be held in April, 1949, as by law provided. Section 2. That the said Walter L. Morava be installed into office and enter upon his duties upon taking his oath, as is by law provided. Secfion 3. That this resolution shall be in full force and effect from and after its passage and approval. The motion was then made by Alderman Kehe and seconded by Halverson to adopt the said resolution. The motion was voted upon by acclamation whereupon the •Mayor de- clared the motion carried and the said resolution adopted. Police Magistrate Sengstock then administered the oath to Alderman -Elect Walter L., Morava, and after the Alderman made a brief speech, escorted'him to his seat. ZONING APPLICATION. OAKWOOD AND LEE STREETS: The Clerk read the following application: '