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05/21/1934336 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES P PiINES HELD IN THE COUNCIL CHAMBERS ON THE.21st DAY OF MAY,A.D.1934 AT THE HOUR OF 8:00 P.M. The meeting was called to order by Mayor George W.&finder, with Aldermen Ahbe, Carroll, Pflughaupt, Bullet Huxm.ann, Bishop, Frederick, meal, Schwanbeck and I[einshausenlesponding to the roll call. Alderman Pflughaupt, chairman of the Finance Committee then proposed the following resolution; RESOLUTION WHEREAS it is deemed to be to the best interest of the owners of real e state in this city and to the owners and holders of City of Des Plaines 6pecial Assessment bonds, that the delingruent installments of assessments, due in 1933 and 1934 not be turned in to the County Collector delinquent. THEREZORE,BE IT RESOLVED by the City Council of the City of Des Plaines that the City Collector of the City of Des Plaines be and is hereby instructed not to return delinquent to the County Collector the 1933 and 1934 installments of the City of Des Plaines Special Assessments. The motion was made by Aldermanflughaupt and seconded by Meinshausen to adopt this proposed resolution. The roll was called on the motion with the following result; Ayes; Aldermen Ahbe, Carroll, Pflughaupt,. J 'elle, huxmann, Bishop, Frederick, Neal, Schwanbeck and lieinshausen. mays; None. The Mayor thereupon declared the motion unanimously carried, and the resolution adopted. The motion was further made by Alderman Huxmann and seconded by Ahbe to instruct the City Collector to give public notice of the above reso- lution in the local press. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. Pflughaupt Alderman,Achaitman of the Finance Committee then submitted the following letter which was read by the Clerk: Kenneth G.Meyer-Attorney May 19,1934 Finance Committee City Council, City of Des Plaines Des Plaines,Illinois Gentlemen: In accordance with your request for an opinion on the right of the City to pay the claim of Johnson hlectric 'hop in the amount of $720.00, re- presenting the amount claimed to be due for certain concrete light Standards which are claimed to have been purchased by the City at the direction of Mayor Hammerl in 1932, I wish to advise that it appears from the report of the Street and Sidewalk Committee, that these light posts were purchased by the Mayor without any action on the part of the City Council. I am further informed that there was no appropriation in 1932 for the purchase of light posts. 337 Chapter 24, Article 9, Section 50, requires that any work or public improvement or expense that exceeds 1500.00 shall be let to the lowest responsible bidder, provided a contract may be entered into involving an expenditure exceeding X500.00, without the necessity of bidding, on a vote of two-thirds of all the Aldermen. Chapter 24, Article 7, Section 4, provides in part "ito contract shall be hereafter made by the City Council - - - - - - or any committee or member there- of; and no expense shall be incurred by any of the offi- cers or departments of the corporation whether the object of expenditure shall have been ordered by the City Council or not, unless an appropriation shall have been previously made concerning such expense ." In the case of Selby Vs Village of Winfield, 255 App. 67, the Village of Winfield was sued upon a contract executed by the Village President. The Village raised the defense that the contract was not properly authorized and that there was no appropriation for the expenditure. The court sustained the defense, and in its opinion restated the following principals of Law; 1. A contract involving a village in a money liability must be authorized by a recorded yea and nay vote of the mebers of the village board in a regular or special session. 2. Where a village president enters a contract, the village is not bound thereby even though its presi- dent has authority to executer, such a contract, where no appropriation is made to cover the amounts to be paid. 3. Everyone is presumed to know. the extent or the power of a municipal corporation. 4. A municipal corporation cannot be estopped to aver its lack of authority to enter a contract, simply because it has done so and received the stipulated con- sideration. Therefore, in view of the facts in the controversy in question and the law as hereinbefore quoted, I am of the opinion that the City is not liable for the purchase price claimed by the Johnson Electric Shop. Respectfully submitted, KENNETH G .MYER City Attorney The motion was made by Alderman Pflughaupt, and seconded by Bishop to instruct the Clerk to write the Johnson Electric Shop asking that all but two Of the light posts mentioned in the above letter be removed from the City!' premises and re- questing an invoice for the two light posts which were actually used. The roll was called on the motion with the following result: Ayes; Aldermen Ahbe, Carroll, Pflughaupt, Fulle, Huxmann, Bishop, Frederick, heal, Schwanbeck and Meinshausen. Nays; none. The Mayor thereupon declared the motion unanimously carried. The Clerk then read the following report of the Judiciary Committee: REPORT OF JUDICIARY & ASSESSMENT Committee regard- ing resolution and Bond - for examination and report; May 21,1934 We, your committee on Judiciary Assessment have investi- gated the above and have found that it is desireable that the resolution be amplified by adding a provision specifi- cally reciting that the acceptance of the new bond be in no way a recognition of any franchise rights except at sufferance and a further provision that the accept- ance of a bond in the sum of 4)5,000.00 shall not limit the liability of the Public Service Co. to such sum and that the form of the bond be changed so that it be not based upon or iniecognition of the expired fran- chise rights and that the matter be referred to the City Attorney for the preparation of a new resolution and bond to cover the matters involved. PAUL J.HUXMANN, R.M.NEAL C.L.BISHOP The motion was made by Alderman Huxmahn and seconded by Ptlughaupt, to concur in this report. The motion was voted upon by acclamation *ereupon the Mayor declared the motion carried, and the report concurred in. Alderman Huxmann, chairman of the Police Committee reported that it seems advisable to prohibit parking in front of the porposed Prince ice Cream Castle, and in return to have the owners arrange a public parking lot on the pro- perty. He promised to submit a definite recommendation at the next regular Council meeting regarding this matter, Alderman Huxmann submitted then a report of Mrs. N.A.Stemmerman, Secretary of the Board of Health, and Police Matron, dated, May 21,1934, in which she gave a com- prehensive view of the scope of her work as Health officer and Police Matron. The motion was made by Alderman Huxmann and seconded by Frederick to place this report on file. The motion was voted upon by acclamation, whereupon the 4ayor declared the motion carried. Alderman Frederick, chairman of the Streets and Side- walks Committee submitted the request of B.A.Mazur, First and Prairie Avenues asking that the concrete parking on First Avenue be marked diagonally for parking purposes. The motion was made by Alderman Ahbe and seconded by Bishop to agree with Mr. Mazur to do the said marking for the sum of five dollars (15.00). The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. Alderman Frederick, chairman of the Streets and Sidewalks Committee also voiced a complaint regarding the irregular parking on Prairie Avenue just test of First Avenue. The Mayor referred this matter to the Streets and Sidewalks Committee for study and report. The Sewer Committee had no report to offer. Alderman Bishop, chairman of the Vetter Committee, reported a water consumption for Saturday, May 19,1934 of 830,000 gallons. He further reported that the Board of Health is having samples of water tested from several private wells by the State Department of Health, and that for the present the City will refuse to fill such wells for health reasons. The Fire Committee had noreport to offer. ( The following is a copy of .the'repbrtof Mrs. N.A.Stemmerman,Sec`y.of the Board of Health and Police Matron As read by Alderman Huxmann.) BOARD OF HEALTH Mrs.N.A.Stemmermann,Secy. May 21,1934 Mr.Paul Huxmann 'hairman r'olice and License City of Des Plaines, Des Plaines,I11. Dearr. Huxmann: Committee In compliance with your request, 1 respectfully submit the following report of my activities as Police Matron and Secretary of the Board of health. Since my appointment as Police silatron, July 1,1933, have made four trips to the County Hospital, ene trip to the County Jail, was subpoenaed before the•Grand Jury on two cases, appeared in the criminal court once and the juvenile court twice. summoned to local station on five cases. As Secretary of the Board of health my duties are varied. In addition to placarding all communicable diseases in accordance with the state health department rules and regulations, I have made five home sanitation inspections had water of three wells tested, referred one family to juvenile officer for refusing to correct unsanitary conditions in home. At the present time the Board of Health is making tests on Riverview wells. Also attended the Health Officers and Public Health nurses Conference sponsored by the State Department of Public Health at Springfield, Illinois. In view of the fact that we are at present experiencing a siege of measles, i feel the members of the council should be informed on the activities of the Board of Health during this period. Measles, chickenpox, mumps, whooping cough and scarlet fever are prevelant practically all over the country and especially in the middle west. Des Plaines had 153 cases of contagion during the month of April. This included 14 cases of whooping cough, four german measles, four pneumonia, one mumps, 49 cases of measles, and 81 chickenpox. Up to and including May 21st, Des Plaines has had 125 cases of contagion for the month - 18 cases of chickenpox as compared with 81 cases last month - this is very encouraging. Measles have been on the increase•,with a total of 89 cases to date this month. 1 have been in frequent communication with the State Doctor ina.rge of this district, who assures me there is no cause for concern. We are doing everything humanly possible to keep contagion down. As soon as a case is reported to me, I in turn notify the school authorities and the school nurse who checks and routines all the children in the class room affected by the case. The family is instructed and the Police Department is called to put up the sign. At present 1 average from 25 to 35 tele- phone conversations per day in addition to my home calls. The nurses check all school absentees but measles is 340 highly contagion and is most communicable before the rash appears. In spite of this flurry of measles, we have much to be thankful for. Many communities are experiencing scarlet fever epidemic in fact some nearby towns have had this to contend with. up to the present time we have been for- tunate ortunate enough to have eacaped this. We shall exercise every known precaution to eliminate, if possible, an epi- demic of a serious nature. Respectfully submitted, EMILIE J.STEMMERMANN The Mayor ordered this letter placed on file. The Clerk then read the following letter: May 21,1934. Ron.Mayor & City Council Gentlemen: Regarding the removal of machinery at Prairie Avenue and -First Avenue, j wish to report that 1 have been in touch with Dr. Bacmeister of Chicago, the owner of this property and have his promise that he will cooperate with the City to clean up this lot. He stated that this was his first knowledge that the City wished this lot cleaned up, because he has paid little or not attention to the condition of this lot. Re promised to write the person who leased the lat for storing machinery at once, and said he would insist on the removal of the machinery. Respectfully E.T.Friedrich City Clerk The motion x as made by Alderman Frederick and seconded by Pflughaupt to record the letter and place it on file. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. The Clerk then read the following proposed ordinance for first reading.: - AN ORDINANCE PROVIDING FOR THE LEVYING OF AN ASSESSMENT OF TAXES FOR THE FISCAL YEAR OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, COMMENCING January 1, 1934, and ENDING DEcMEBER 31,1934. The motion was made by Alderman Huxmann and seconded by Carroll to refer this proposed ordinance to the Council sitting as a committee of the whole on Monday, May 28,1934, at 8:00 P.M. and that the same group of citizens, which w ere present at a former meeting, be invited to this meeting. i`he motion was voted upon by acclamation whereupon the Mayor declared the motion carried. The motion was made by Alderman Huxmann and seconded by Meinshausen to instruct the City Clerk to prepare mimeographed copies of the proposed 1934 Tax levies for the various departments for the meeting to be held May 28,1934. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. The Clerk then read the following letters STATE OF ILLINOIS Illinois Commerce Commission Springfield May 7,1934 Chicago and Northwestern Railway Company Application for permission to install, maintain and operate automatic flash- light signals at the crossing of peti- tioner's railway with Algonquin Road (S.A.R.62) at a point about one and one-half miles south of Des Plaines, Cook County, Illinois Mr.P.F.Gault, Com. Att'y. Chicago & Northwestern Ry.Co 226 West Jackson Blvd. Chicago, Illinois X-1451 Honorable George W.Iiinder, Mayor Des Plaines,Illinois Dear Sir: Eclosed Please find copy of Resolution adopted by the Commission on May 2,1934 in the above entitled matter. 1'indly acknowledge receipt. Yours truly, ILLINOIS CON( ;RCE COMMISSION William W.Hart Secretary The Mayor thereupon ordered the letter place on file. The Clerk then read the following letter. DES PLAINES POST NO.36 Des Plaines,Illinois May 18,1934 Honorable Mayor and Oity Council City of Des Plaines Des Plaines,Illinois Gentlemen: You are invited to take part in the' Des Plaines memorial Day Program sponsored by the American Legion. This year, with your cooperation, the ceremony should be more impressive than any other program of the past. she civic, fraternal, church, and school organizations of the city will be represented in the day's program. Respect for our government and those who helped in forming it is a tradition of our community. Our people have always observed Memorial Day. in these times of *isms", struggle and strife, it is proper that the day be set aside to pay tribute to those who gave so much for their country. The American Legion Post 36 of Des Plaines is particularly anxious that all of the people of the com- munity participate in this program. All organizations will assemble at the Legion Home at nine A.M. Lee K.Robins, chairman Ed.nehe Adjutant This same letter is being sent to all organizations of the city. The Mayor urged all present to take part in the above-mentioned Memorial Day exercises. The Clerk then presented the surety bonds of Mayor George W..Kinder and City Attorney, Kenneth G.j°`eyer. The Mayor referred these bonds to the Judiciary Committee for examination and report. The Clerk thenread the following letters May 21,1934 Mayor and City Council City of Des Plaines Gentlemen: resent the I herewith request of Constable Walter Becker for permission to use Council Chambers free of charge for Cook County Assets. of Justices and Constables, Tuesday evening, June 12,1934. E.J.Priedrich City Clerk The motion was made by Alderman Ahbe and seconded by kflughaupt to grant the request contained in the above letter. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried, and the request granted. The Clerk then read the following letter: ILLINOIS CONFERENCE on HIGHWAY SAFETY LEGISLATION May 19,1934 Hon.Geo.Kinder Mayor Des Plaines,Illinois Dear Sirs The meeting we held in Springfield, April 27 showed conclusively that there is a tremendous amount of interest in safety legislation for Illinois. The delegates came from every part of the state, and they included state Ifigglators, representatives and secretaries of various civic groups. At this meeting resolutions endorsing a Drivers' License and a Financial Responsibility bill were passed. It was decided that the delegates would carry back home the gravity of the accident situation and the necessity for action on the part of the state legislature. 343 Although you were not able to attend the meeting, neverthless we know that you are interested in the enactment of safety laws. Consequently, we suggest that you use your influence in creating inter- est in the legislation which has been proposed. We should like to have you furnish us with a list of persons in your senatorial district who will accept membership on a local committee to carry on this work in your district. If you can have resolutions passed, or if you would like to have a speaker for some meeting that you have in mind, please let us know. Cordially young ILLINOIS CONFERENCE ON HIGHWAY SAFETY LEGISLATION J.E.Bulger Secretary B.r.A lschuler Chairman The Mayor referred this letter to 1r.Leonard Manuel, chairman of the Des Plaines safety commission. Alderman Pflughaypt, chairman of the b'inanCe Com- mittee then submitted the following resolution: RESOLVED THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE INSTRUCTED TO ISSUE PROPER VOUCHER - WARRANTS IN PAYMENT OF SAME. SAID WARRANTS TO BE RELEASED UPON ORDER OF THE FINANCE COMMITTEE WHEN FUNDS ARE AVAILABLE. Middle States Tel.Co Frank A.Bremer & Sons L.J.Eising H.A.Becker E.Meyer F.Cheever 3.C.Foote A.D.Flentge B.F.Kinder`s Sons Des Plaines Motor Sales G Mint Bros. Imig's Ice Cr.Parlor Kenneth G.Meyer Geo.Meyer Lagerhausen Lbr.& Coal Chas.M.Larson Ben Stangor John Hammerl Nagel Co Alvin Winkelman Bert Sweeney Herman Meinshausen Middle States Tel.Co Marvin D.Wells. Max Maus Ed.Kurtz Paul Gilmore Herman Meinshausen Chas.Hufnagel ¶.AfAnders Larry Nick Middle States Tel.Co Petty Cash 20.80 .35 3.25 90.00 74.25 72.00 45.00 44.40 .70 21.33 128.63 8.50 83.33 5.40 10.06 83.33 74.25 13.50 1.68 67.50 3.60 22.21 4.75 78.75 72.00 28.00 56.00 45.48 5.00 5.00 5.00 15.10 2.41 Edgar J.Friedrich Grace Rexses Middle States Tel. 11.Hamme rl E.Drexler J.Wigham P.Gatto Des Plaines Pub.Co Prank A.Bremer's S Middle States Tel. Des Plaines Pub.Co J .Grindley Max Mau H.Grosser Ernest Kaufman Harold T.Ahbe Edw.Geisen Middle States Tel Raymond Kolze D.Coffman Frank Warren Foyer Kash Sales Hess Tire & Bat.Se Pearl Koelling Prank Fisher Richard Gunther Fred Kaufman M.C.Iverson Otto Anderson Tohn Hese Frank Fraser Neptune Meter Co NOTES C.W.A.Bill-Prof .#448-A-SIGWALT 112.50 40.00 24.25 74.25 74.25 72.00 45.00 7.40 ons 1.27 Co 34.00 19.50 45.00 52.65 3.60 90.00 40.00 40.50 4.00 67.50 67.50 3.60 6.30 ry 35.18 40.00 72.00 28.00 56.00 5.00 5.00 5.00 5.00 34.65 LBR.&. COAL $70.83 -(City Share 344 The motion vas made by Alderman Pflughaupt and seconded by Bishop to adopt this proposed resolution. The roll was called on the motion with the following result: Ayes;. Aldermen Ahbe, Carroll, Pflughaupt, i'ulle, Huxmaun, Bishop, Frederick, Neal, Sdhwanbeck and Meinshausen. Nays; Abne. The Mayor thereupon declared the motion carried and the resolution adopted. The Clerk then read the following resolution: RESOLUTION WHEREAS this district is in need of funds for the pur- pose of meeting current expenses and interest payments, and r EREAS the chief source of revenue is from tax sources, and WHEREAS the City of Des Plaines and other local taxing districts deem it inconvenient for local taxpayers to pay their taxes at the county building, thus resulting in delays on the part of taxpayers in making tax settlements, and WHEREAS after tax settlements are made at the county office due to lacke of necessary help the distributions are long delayed in that office, and WHEREAS the retention of the tax books for the limited time heretofore granted the local tax collector does not gif a suf- ficient time for our local people to pay their taxes, and WHEREAS it is of great enefit to the local districts to have the taxes paid locally which should make the funds avail- able at an earlier date thus resulting in a conssdderable saving of interest on tax anticipation warrants, and WHEREAS it would be convenient, logical economical, and inure to the benefit of all taxing bodies including the state, the county, and the local taxing bodies as well; BE IT HEREBY RESOLVED by the Mayor'and City Council of the City of Des Plaines that we hereby petition the county collector requesirg that he grant permission to place the tax books in the hands of our local collector, Fred Fricke,and that the county collector grant him the authority to continue to receive collections and, further, BE IT RESOLVED that a copy of this resolution be filed with the county collector together with an urgent request that he direct the local tax collector to open the local office for the convenience of our taxpayers and for the benefit of local taxing bodies. The motion was made by Alderman Huxmann and seconded by eins- hausen to adopt this proposed resolution, and to instruct the City Clerk to forward a certified copy of same to the County Collector, as well as to the County Board of Commissioners. The roll was called on the motion with the following result; Ayes; Aldermen Ahbe, Carroll, Pflughaupt, Fulle, Huxmann, Bishop, Frederick, Neal, Schwanbeck and Meinshausen. Nays; bone. The Mayor thereupon declared the motion carried. The Clerk then read the following communication: State of Illinois Department of Public Works & Buildings Division of highways IMPORTANT Motor Fuel Tax Allotment City Clerk Your allotment of MOTOR FUEL TAX for the Month of Apri1,1934 is $982.49. Ernst Lieberman Chief Highway Engineer. 345 Announcement was made of the picnic of the Des Plaines City Employees to be held at Hoffman's Grove on June 17, 1934. The motion was made by Alderman Huxmann and seconded by Frederick to instruct the City Clerk to write the Mayor and City Council of the City of Park Ridge, challenging them to a soft -ball game in connection with the City employees' picnic on June 17. The roll was called on the motion with the following result: Ayes; Aldermen Ahbe, C t=ai ,,Pflughaupt, Fulle, Huxmann, Bishop, Frederick, Neal, Schwanbeck and Meinshausen. Nays; one. The Na.yor thereupon declared the motion carried. The Clerk then read the following proposed ordinance for second readings AN ORDINANCE AMENDING SECTION 3e OF ARTICLE 1 OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF DES PLAINES, ILLINOIS - 1928. The motion was made by Alderman Bishop and seconded by Meinshausen to pass and adopt this proposed ordinance. The roll was called on the motion with the following result:.Ayes; Aldermen Ahbe, Carroll, Pflughaupt, Yulle, Huxmann, Bishop, Frederick, Neal, Schwanbeck and Meinshausen mays; None. The Mayor thereupon declared the motion unanimously carried, and the ordinance passed. The Clerk then read the following resignation: Garter Jenkins May 21, 1934 Mr.George W.I4nder, Mayor Des Plaines,Illinois Dear Mr. Kinder: On account of my relatively poor financial status, it has been necessary for me to accept employment from other sources, and I find that the press of this work will prevent me from serving the City of Des Plaines as Engineer. I regret very much that I must ask you to accept my request for termination of services, as I have thoroughly enjoyed my residency and past employment here. I wish to assure you of my continued deep interest in the affairs of the City and my loyal service in an advisory capacity. I am With kindest regards to you and the Aldermen, Very respectfully CARTER JENKINS The motion was made by Alderman Huxmann and seconded by Pflughaupt to accept this resignation. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. The Clerk then read the following letter: F.H. ALLEN Consulting Engineer May 21,1534 Mr. George W.Kinder,Mayor Des Plaines,Illinois 346 De&r Sir; I herewith make application for position as City 14igineer of Des Plaines, and submit with this application an ordinance and contract setting forth the terms and conditions of such employment. Lours truly, 4 .H . ALLEM The motion was made by Alderman Frederick and seconded by Meinshausen to refer this letter together with the proposed ordinance and contract mentioned therein to the judiciary Committee for examination and recommendation. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. The Mayor then announced the following appointments: Chief of Police Howard A.Becker Supt.of Pub.Works Marvin D.Wells City Attorney Kenneth (.Meyer Members of Library Board for term expiring May 1,1937: Mrs. Sue Poyer Mrs.Laura Wilson Mrs.Ella Raymdnd Board of Health for term to May 1,1935: Dr. A.M.Purves, President Mrs.Emelie Stemmerman,Secretary Dr.Henry Heller Wm.Koehler Louise Menard Member of Zoning Board of Appeals for term to expire May 1,1939: John Kray Members of Liquor Commission for term to expire May 1, 1935, with Mayor George W.itinder as chairman ex -officio of the Commission: Paul J.Huxmann Theodore C.Schwanbeck The motion was made by Alderman Pflughaupt and seconded by Meinshausen to confirm these appointments. The motion was voted upon by acclamation, whereupon the Mayor declared the. motion unanim©uslytarried and the appointments confirmed. Alderman bishop then requested that the minutes of the regular Council Meeting of May 7,1934 be corrected by adding the name of Alderman-elect,C.L.Bishop,to the list of Aldermen -elect whose oaths of office were administered at this meeting. He further asked that the vote of Alderman Pflughaupt, on the motion to table in the third and fourth lines of third page of the minutes of the special Council meeting of May 14,1934 be changed from "aye" to !Kay". The corrections being acknowledged, the motion was made by Alderman Frederick and seconded by Neal to approve the minutes of the regular Council Meeting of May 7,1934 and of the special council meeting of May14,1934 be=ampssated as corrected. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried and the minutes unanimously approved. r The motion was made by Alderman Frederick and seconded by Meinshausen that the Council regularly adjourn. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried and the Council regularly adjourned. EDGAR J.FRIEDRICH,City Clerk 1