02/01/1932MINUTES OF THE REGULAR MEETING OF
THE CITY COUNCIL OF THE CITY OF DES
PLAINES, HELD IN THE COUNCIL CHAMBERS
ON THE 1ST, DAY OF FEBRUARY 1432 A. D.
SET THE HOUR OF 8 O'CLOCK P. M.
Mayor Charles Hammerl called the meeting to order at
approximately 9:00 P. M4, with Aldermen Ahbe, Pflughaupt, Hux-
mann,`Kinder and Lacey responding to the roll call.
There being no quarum present, the motion was made by
Alderman Ahbe and Seconded by Lacey to adjourn Wad postpone the
meeting until Thursday February 4, 1932. The motion was voted
upon by acclamation, whereupon the Mayor declared the motion
carried.
The meeting thereupon adjourned.
•
City Clerk.
MINUTES OF THE POSTPONED MEETING OF THE
'CITY COUNCIL OF THE CITY OF DES PLAINES
HELD IN THE COUNCIL CHAMBERS ON THURSDAY `
THE FOURTH DAY OF FEBRUARY, A. D. 1932.
At least twenty four hours before the time of this
meeting, the following notice was delivered to the Mayor and
each Alderman:
February 3rd, 1932.
Dear Sir:
This is to notify you that a postponed
meeting of the City Council of the City of Iles
Plaines, will be held on Thursday, Pebruary 4th, 1932.
This postponed meeting was made necessary
because there was no quarum present on February 1st,
the date of the regular meeting.
Yours truly,
Edgar J. Friedrich,
MH City Clerk.
The meeting was called to order by Mayor Charles Hammerl
with Aldermen Ahbe, Suster, Pflughaupt, Huxmann, Kinder, Lacey,
Wettin and Meinshausen respondingto the roll call. Aldermen
Collet and Enzenbaoher were absent.
The Clerk then read the following reports.
Report of Chief of Police C. A. Wegner for the calendar month
of January 1932.
Report of City Treasurer Otto Rexses for the calendar month
of January 1932.
Report of City Clerk E. J. Friedrich for the calendar month
of January 1932.
Report of City Collector, Walter H. Tallaiut for receipts up to
February 1, 1932.
to offer.
•
The Judiciary & Assessment Committee had no report to offer.
The Police & License 'Committee had no report to offer.
The Streets & Sidewalks Committee had no report to offer.
The Building & Plats Committee had no report to offer.
The Sewer Drainage and Sanitation Committee had no report
The Water Committee had no report to offer.
496
Alderman Auxmann chairman of the Band Committee read
the following report:
• To the Honorable The Mayor and the City Council DesPlaines, 11
of the City ofDes Plaines. Feb. 1st, 1932.
Gentlemen:
' Your committee on the•Municipal Band, pursuant
tb the resolution adopted by the City Council at its
meeting of December 21xt, 1931, directing all standing
committees of the City Council to make a report as to dis-
bursements of their respective departments in the year 1931
and recommenaation'for appropriations for expenditures dur-
ing the year 1932, respectfully submit the following:
1. The amount appropriated for Municipal Band purposes
in the year 1931 appropriation ordinances was $3,000.00 and
the amount levied $2,000.00
2. The total amount &impeded for necessary expenses of the
operation and maintenance of the Municipal Band was 1,423.32,
and there are salaries and bills payable on account of the
band amounting to $543.47, making a total cost for the oper-
ation of band during 1931 of $1,966.79.
Your committee had given careful consideration to the
question of the amount of expense that will be warranted under
existing conditions for the operation of the band during 1932,
and has had several conferences with representatives of the band
and your chairman appearing before a general meeting of the
band held on January 28, 1932. In a preliminary report at
the meeting of the City council of January 4th, 1932, your chair
man suggested that the costs for the operation of the band
for the coming year be limited to a reduced scale of compen-
sation for thearector and a sufficient fund for the payment
of its incidental necessary expenditures for sheet music,
instrument repairs and maintenance of the library. We find
after conferences with the Chairman of the Band Organization
that it is felt that the minimum sum of whioh the band can
be operated on such a policy wouldbe $800.00 and it is there.
fore recommended by your committee that the appropriation for
the Municipal Bind for the year 1932 be in the sum of $800.00*
Respectfully submitted,
Paul J. Huxmann
L. F. Meinshausen
The motionwas made by Alderman Humana and seconded by &tater
that the rport be accepted and its recommendations concurred in.
The roll was called on•the motion with the following result: Ayes;
Aldermen Ahbe, Suster, Pflughaupt, Huxmann, Kinder, Lacey and.
Meinshausen. Nays, Alderman Wettin, The Mayor thereupon declared
the motion carried,
read the
Mr.
Des
Des
At this point Alderman Enzenbablier came into the meeting.
Alderman Hann chairman of the Band Committee also
following letters'
• Des Plaines, Ill,
Feb, 1st, 1932.
Paul J. Huxmann, Chairman,
Plaines City Council Band. Committite,
Plaines, Illinois.
Dear Sir: -
Wishing to assist in the reconstruction of amore
buoyant spirit and in dispelling the general feeling of
depression surrounding us, we the Bard of Control of the
'band submit the following for your approval*
r
497
,The band members as well as other citizens and tax payers of
spirit and in dispelling the general felling of depression
surrounding us, we the Board of control of the band submit
the following for your approval.
The band will furnish a series of such concerts con-
sisting of one concert per week for the months of June,
July and August for $80o.00. This amount will alike °are of
the expenses of Director, Librarian's salary,.music and
incidentals. We would expect the city to furnish the lights
and attend to thetransporation of the chairs. The band
also feels that ALL of our regular summer conderts should
be given at some one definite location in the*loopw - the
business district of Des Plaines.
Wel therefore, ask that you make such levy as will allow
for $800.00 to be available for that purpose.
In as much as the band is a bonafide organization with
a regular corps of officers - including a president, Secre-
tary, treasurer, etc. who are elected annually by the band member
we feel, that it would greatly facilitate matters particulary
in the detail of bookkepping to have this ammunt paid to
our Band Treasurer - in such amounts as the incoming moneys
of the city will allow.
In turn our Band Treasurer will pay ALL band bills -
including Director's salary, Librarians's salary(or fee),
music and incidentals.
The above schedule of reduced operating expenses is the
lowest possible figure enabling us to operate, and trusting
that this will receive the support of the Council, we beg
to remain.
Respectfully Yours,
ATTEST: A. L. Winkelman, Sec.A. N. Gray, Pres'.
Board of Control
A. D. Flentge. Fted ulie
James Keenan W. G. Richey
C. B. Kennard
Des Plaines, Ill.
Feb. ist, 1932.
Mr. Paul J. Hurnann, Chairman,
Des PlainesCit/ Council Band Committee
Des Plaines, Illinois.
Dear Sir: -
The members of band officers of the
band hereby ask you to respectfully request of the
City Council of Des Plaines for an accounting of
all moneys received into the Band Fund, and all
moneys expended from the Band,FUnd - since the a-
doption of the two -mills tax for municipal band
purposes.
Respectfully yours,
A. N. Gray, Pres,
ATTEST: A. L. Winelman, Sec.
Board of Control
A. D- Flentge Fred Tulle
James Keenan W. G. Richey
C. B. Kennard
,jettin
The motion was made by Alderman wwwilmwm and seconded by
Suster to grant the band's request for an accounting of the
Band Fund and to have a statement submitted at the next reguAar
meeting of the Council. The motion was voted upon by acclamation
whereupon the Mayor declared the motion carried.
498
The Fire Commidtee had no report to offer.
The Clerk then read the following letter:
Mr. Otto Rexses, Village Treasurer
Des Plaines, Illinois
January 22, 1932
Dear Sir:
• •
We have had consider/ft/ale corres-
pondence With your office and that of the Village
Clerk relative to several Village of Dea Plaines
Special Assessment Bonds which are now past due,
unpaid and in default,
We will be pleased to have you
advise what steps the Villge is taking towards
correcting this default as our bondholders are be
coming very uneasy and insist upon taking immediate
action.
We have called a veeting of these
holders for the latter part of next week and trust
you willfavor us with a reply advising what has
been done to correct this default before this meet-
ing is held.
For your convenience in replying,
we enclose self-addresed.stamped envelope.
Very truly yours,
M. D. Umilyy,
Vice President.
this letter. It was therefore ordered
MDS:MT
No action was taken regarding
placed on file by the Mayor.
The Clerk then read the following. letter regarding
Special Assessment #95.
Mr. David B. Maloney,
One LaSalle Building,
Chicago, Illinois.
Re: Sandwich State Bank, et al
-VS-
City of Des Plaines
Dear Sir:
. We submit herein a proposal for the settlement
of 'the pending litigation relative to the collection
of outstanding bonds issued in connection with special
Assessnent Docket #95 City .of Des Plaines, as follows:
GROSS AMOUNT OF SETTLEMENT
to be computed as follows:
There are outstanding and unpaid bonds amounting
in principal to $22,000.00. A reduction of 20% in
principal is to be made and the remaining 8o% is to be
paid by the City. amounting to $17,600.00
Interest coupons 4, 5 and 6 covering
interest to January 1, 1932. are to -
be paid amounting to ti.,960.00
Total amount of settlement $21,560.00
11
MODE OF PAYMENT •
The gross amou*t of settlement is to
' be paid by the City of Des Plaines as follows:
(A) Immediate payment of the amount now
held by the City of Des Plaines tc the
credit of Special Assessment #95, which,
acbording to our understanding, is
499
approximately $8500.00.
Mr. Magid B. Maloney -2- .
(b) A supplemental assessment to be
levied by the City of Des Plaines for the
full additional amount for which the
property included in the original assess-
ment can properly be assessed. The City
Council has already established a deficiency
of $3151.10 which could be covered by a
supplemental assessment and it is understood
that this amount may be increased somewhat
on account of interest losses and other
adjustments.
(e) After deducting from the gross amount
of the settlement ($21,560.00) the uncollect-
• ed ptincipal balance of the original assess-
ment the credit above provided for in Clauses
(a) and the principal amount of the supple-
mental assessment provided for in Clause
II (b), the remaining deficiency to be paid
by the City out of its general fund, or any
. other funds properly applicable for, tha t
purpose. This amount to bear interest at
purpose. This amount to bear, interest at
the rate of 5% per annum from January 1, 1932.
III
PROCEDURE .
A decree to be entered in the pending suit directing
proper officials and bodies of the gity to pay the balance
to the credit of Special Assessment #96 as above provided
in Clause II (a), to le the supplemental assessment as
provided in Clause II (b) and for the payment out of the
general funds of the City or any other funds properly
applicable to that purkose that deficiency referred to in
II (c). The individual defendants to the original bill
of complaint to be dismissed. Payment of the deficiency
referred to in II (e) is to be deferred for a reasonable
length of time until the City has funds available for
that purpose.
IV
DISTRIBtTTION OF
SETTLEMENT AMONG BONDiIS
Of the $22,000.00 bonds now outstanding, $15,000.00
are represented by Campbell, Clithero & Fischer and Paul B.
Fischer and $6,900.00 are represented by Robert N. Erskine,
Subject to approval, as hereinafter stated, it is agreed
that the bondholders represented by Robert N. Erskine shall
receive 85% of the principal amount of their bonds, #M bal-
ance applicable to principal to be spread ratably over the
bonds represented by Campbell, Clithero & Fischer and Paul
B. Fischer. Out of the cash received from assessment #95
under Clause II (a), above, interest coupons Nos. 4, 5 and 6
an all bonds are to be paid in full, and the remaining pay -
menta on the settlement, from all sources, are to be distrib-
uted to all the bondholders ratably, according to the reduced
amount of their- respective bonds. Shisject to the above
preferance in favor of bonds represented by Robert N. Erskine,
all distribution to bondholders, both principal and interest,
to be made ratably without reference to dates; of maturity.
v
APPROVAL
Campbell, Clithero & Fischer, Paul B. Fischer and
Robert N. Erskine are recommending this proposal to all of
500
the bondholders represented by them respectively with the
request that any bondholders who dissent, will wire their
attorneys at once. The proposal is being made with the
intention that it shall be submitted to the City Council of
Des Plaines at a meeting to be held Monday, Febraury 1, 1932.
It is the expectation of Campbell, Clithero & Fischer and.
Paul B. .Vischer that the proposal will have been definitely
approvad-by all bondholders represented by themselves before
that date. It is doubtful wether the approval of all of
the bondholders represented by Hobert N. Erskine can be
secured prior to the date of the meeting of the City Council,
but it is anticipated that all the bondholders will ultimate-
ly approve.
Respectf ully submitted.
CAMELIA, CLITHERO,& FISCHER
By Raymond P. diehlaer
Paul B. Fischer
Robert N. Erskine
After a short discussion by both Mr. Fischer and Mr. D. B. Maloney.
the Mayor duggested that action on this matter be postponed, and
that. the Council will meet as a committee of the whole, on Wedensday
February lo, 1932 to discuss the matter further.
The Clerk then r ead the f °flowing letters:
Jan. 22nd, 1932
City Council
Des Plaines, Ill.
Dear Sirs:
Will you be kind enough to ask the City
Collector to take the following described Spacial
Assessment bills out of collection?
Warrant 130
* 134
* 135 from installment #3 on.
Lot 9 Blk. 13 Bomerican
Just as soon as I am able to I will be
glad to bring them up to date.
Your attintion to this matter will greatly
bolige,
CLB'GL.
Respectfully yours,
G. L. BISHOP
Jan. 23, 1932.
Mayorand City Council of Des Plaines,,
Des Plaines, Illinois.
Gentlemen:
In the past week property owners in Des Plaines
had been receiving a so-called final notice from the County
Treasurer, notifying property owners•that unless they pay
their delinquent special assessment bills in ten days, the
property would be sold to pay theassessments, and I have
been receiving many inquiries from persona who are unable
to take care of their special assessment bilis owing to the
economic conditions, asking what, if anything, -could be done
to protect their interests.
I might also mention that the Des Plaines Nurse
& Welfare Association which I represent, has also been eon-
fionted with this question by aeveral persons who are in need
and they have also asked that I take this matter up with you.
I would like to suggest or recommend that the City Council
take immediate action to instruct the City Colledtor of Des
Plaines tomithdraw from collection all special assessments
that were returned delinquent to the County Collector, so
as to save the property owners the necessity of paying haw*
Penalties.
Attached to this letter is a description of
certain property which I have been requested to ask your
`Honorable Body to take immediate action in having the in-
stallments withdrawn from collection.
Trusting that you
' serious consideration,
KG"'M:ES '
will give this matter your
I am
Very truly yours,
Kenneth Meyer
501
Attorney D. B. Maloney stated that alldelinquent
Ales Plai$es property has been withdrawn from sale in the event there
are no bidders, and that therefore the action requested in the above
letters has already been taken. The Mayor instructed the Clerk
to send a copy of the motion to withdraw all delinquent Des Plaines
property from sale, to u. L. Bishop and Kenneth R. Meyer.
The Clerk then read the following letter: -
Mayor and City Council of
the City of Des Plaines,
Des Plaines, Illinois. Re: William H. Cater vs.
City of Des Plaines.
Gentlemen:
I am advised by the office of William
H. Cater that he has been invited to attend the
meeting of your Council this evening. He is out
of the City and it is impossible for me to be
present on his behalf.
On behalf of Mr. Cater I desire to say t hat
I am perfectly willing to delay the hearing on this
matter before Master Gorman if you so desire, until
after you have had a meeting with Mr. Cater, which,
I suggest, might well be held next Monday evening
if' that meets your convenience. If you will direct
your attorney to ask for a postponement of the hearing
I shall, join in the request to the Master ans shall
afrange to be present with Mr. Cater on Monday next
or at such other" early time as suits your convenineoe.
Meanwhile, the temporary injenction has
been issued and we shall hot serve the same if this
matter is continued and a meeting arranged for and
the current bilis are paid.
Yours very truly,
AAK:Y ARTHUR A. HUEBSCH
Mr. Jesmer, attorney for Wm. H. Cater addressed the Council
explaining certain portions of the letter. The Clerk then read
the following letter:
bMr. Edgar Friedrich, City Clerk
Des'Plaines, Illinois.
January 23, 1932.
Dear Sir,
My report to your City Council or "Water Supply" authorized
by it on September 21, 1931, would have been filed with you
during the early part of December, in spite of extra work
required but not comtemplated, had it not been that William
H. Cater has declined to give me data which I requested of
him. No further work can be done on the report until this
data is received, and I hope that I can soon get it and
thus complete my work on this subject.
I am sorry to have been thus delayed, but wished you and
the Council Is be advised 'of its cause.
Yours very truly,
JS J. ALBERT M. ROBINSON
502
The motion was made by Alderman Huxmann and seconded by Pflughaupt
to instruct the clerk to write Wm. H. Cater, inviting him to the
next regular meeting of the Council, to be'held Monday February
15, 1932. The motion was voted upon by acclamation, whereupon
the Mayor declared the motion carried.
The motion was made by Alderman Huxmann and seconded
by Ahbe to instruct Attorney Maloney to agree with Mr. Caters
attorney to pospone hearing of the case of WM. H. Cater vs.
City of Des Plaines until after February 15, 1932. The motion
vas voted upon by acclamation whereupon the Mayor declared the
motion carried.
The motion was made by Alderman Kinder and seconded by
Huxmann to instruct the Clerk to write Mr. J. A. M. Robinson,
requesting him to be present at the next regular meeting of the
Council of February 15 The motion was voted upon by acclamation
whereupon the Mayor declared 'the motion carried.
The Clerk, then read the following letter
To the Honorable Mayor & City Council:
At a meeting of the Wait Side Improvement Association
'held January 2let, the following resolution was passed:
Resolved:
That we ask the City Council of Des Plaines to take
whatever steps that may deem necessary to *clean up* the
corner at First Avenue & Thacker Street which:is odcupied
by Mr. J. Schimka. The property is used by Mr. Schimka
as a wrecking yard for used cars and is an eyesore and a
detriment to the neighborhood.
WEST SIDE IMPROVEMENT ASSOCIATION
By J. M. Lewis
Seey.
The Mayor referred this letter to a special committee consisting
of Aldermen Wettin and Lacey, and Attorney Maloney.
The Clerk t hen read the following letter:
TO THE CITY COUNCIL:
Because 1932 marks the bi-centennial anniversary of the
birth of George Washington, the father of aur country, and
our fellow citizens throughout the United States are plann-
ing to commenorate this proud event, the committee spon-
soring Sunday evening services at the Cohgregational Church
have arranged a special program for Sunday evening, February
21, to commenorate the date, and hereby extend to your hon-
orable body, and the city officials of Des Plaines this
invitation to be present upon this occasion.'
Signed: Committee
by A. R. McAlpin,
Secretary
The Mayor urged all officers of the City to attend this servioe,
and ordered the letter placed on file.
The Clerk read the following letter:
Mr. G. M. Snzenbacher,
Des Plaines, Illinois.
Jan. 26, 1932.
S-987 H. 0.8.-13073 City of Des Plaines -
•M. A. Behrens
503
Dear Sir:
In reply to your leter of January 7, 1932, please' be advised
the Aetna agamakr and Surety Company willaccept release in
such form as you may be in a position to give.
Yours very truly,
A. L Jacoby.
ordered
This letter waa/placed on file by the Mayor.
Caater Jenkins, city engineer, reported that the
Algonquin Road paving project is going ahead, and that the
clearing of trees in the Forest Preserves for the project will
be started soon. He further reported that the State Highway
department is about to provide the fence along the Des Plaines
River on Miner St. just east of the Miner Street bridge, 'as re-
quested by the Council.
The Clerk then read the following resolution:
RESOLVED THAT THE FOLLOWING BILLS ARE
DUE AND PAYABLE AND THAT THE MAYOR:AND
CITY CLERK ARE AUTHORIZED TO ISSUE THE
PROPER WARRANTS IN PAYMENT OF SAME.
Albert Gniot
Whetstone Service Sta.
DesPl. Conerete Prod.
Tames Schimka
Pennsylvania Oil Co.
Meyer Coal & Material
Frank Gebel
Whetstone Service Sta.
Charles Esser
E. T. Carlson Col
Otto Bender
Wilson Oekerby
Marjorie Collet
George Meyer
Marvin Wid.ls
Middle States Telephon
J. M. Walsh,
Union Linen Supply Co.
H. W. Clark Co.
Mueller Co.
Charles L. Esser
Poyer's Super Ser. St&
Milburn Bros. Inc.
67.24
5.25
3.00
16.00
13.50
37.65
67.5o
27.88
26.14
6.00
59.40
54.00
36.00
66.95
.76
43.30
5.00
4.50
2.99
30.00
28.69
11.47
5.00
Marvin Wells
Carter Jenkins
Lagerhausen Lbr. Co.
Purnell & Wilson
Chas. L. Esser
Fred Koelle
Charles Breitung
Union Linen Supply
Sigwalt ;umber Co.
August Gaske
Toe Walter
Frank Fischer
Ed. Gook
George Bullis
A. F. Wetterman
R. Winkelman
Whetstone Ser. Sta.
James B. Clow & Sons
Inland Supply Co.
Purnell & Wilson
Des Plaines Motor Sa
B. F. Kinder's Sons
78.75
30.00
49.98
27.75
9.55
67.5o
67.50
4.50
48.44
54.00
64.80
72.00
6.00
64.69
175.00
5.00
21.08
16.73
49.39
1.75
les 1.25
32.26
The motion was made and seconded to adopt the resolution. The
roll was called on the motion with the following result: Ayes;
Aldermen Ahbe, Buster, Pflughaupt, Kinder, Huxmann, Lacey, Wettin,
Enzenbacher and Meinshausen. Nays; None. The Mayor thereupon
declared the motion carrifid and the resolution adopted.
The motion was made by Alderman Wettin ands.econded by
Ahbe to approve the minutes of the regular Council meeting of
January 18, 1932 as written. The motion was voted upon by accla-
mation, whereupon the Mayor declaredthe motion carried.
The Mayor then stated that a careful analysis should
be made of all Special Assessments. He therefore appointed a
special committee consisting of Aldermen Enzenkacher, Pflughaupt,
and. Wettin to make a study of all Special Assessments, and report
their findings to the Council as soon as possible.
504
The motion was made by Alderman Kinder and seconded
by Wettin that the Council adjourn. The motion was voted
upon by acclamation, whereupon the Mayor declared the motion
carried, and the Council adjourned.
City Clerk,