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05/16/1938327 THE MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY COUNCIL OF THE CITY 0! DES PLAINES-HELD IN THE COUNCIL CHAMBERS ON THE 16th DAY OF MAY, 1918 AT THE HOUR OF 8:00 P.M. CALL TO ORDER: The meeting was called to order by Mayor Hobart M. Ahbe presiding with Aldermen Johnson, Pflughaupt, Henrich,Garland, Friott, Lemke, Schwanbeck, and Campagna responding to the roll call. (Aldermen Carroll and Dopheide were absent during this roll call but arrived shortly thereafter.) The Clerk declared a quorum present. THE JUDICIARY AND ASSESSMENT COM6MITTEE had no report to offer. THE STREETS AND SIDEWALKS COMMITTEE through its chair- man Alderman Schwanbeck reported orally that the committee has resolved not to sell any of the ornamental light -post heads stored in the basement of the Municipal Building, but to keep them. THE COMMITTEE ON PUBLIC WORKS, BUILDINGS, AND PLATS through its chairman Alderman Campagna reported orally that the lowest bid received for decorating the interior of tn.e police headquarters was $178.00, but that owing to lack of appropriation no action can be taken at this time. The motion was therefore made by Alderman Fflughaupt and seconded by Alderman Campagna that the matter of decorating the interior of the police depart- ment be indefinitely postponed. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. THE SEWER, DRAINAGE, AND SANITATION COMMITTEE The mot ion was made by Alderman Dopheide chairman of the Sewer, Drainage, and Sanitation Committee, and seconded by Alderman Lemke to refer the matter of eliminating sewer gas odors in the vicinity of Perry Avenue and Alies Avenue to the sewer, Drainage, and Sanitation Committee with full power to aot. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. report: THE WATER COMMITTEE The Clerk then read the following To the Chairman Lemke, Water Committee, at the meeting of the City Council, held April 18, 1938, the following matter was referred to your committee: The bids received for a business coupe for use in the Water Department. You will find the bids attached hereto. E.J.Friedrich, City Clerk To the Mayor and City Council: Your Committee on Water has investigated the above and has found: That the Plymouth standard coupe offered by Rice motor Sales at a price of $599.77 is the lowest prided oar coming the closest to answering our needs. We, your Committee on Water, therefore recommend: that this Plymouth standard coupe be purchased from Rice Motor Sales at the above mentioned price. Signed Committee: J.W. Lemke S.C. Campagna The motion was made by Alderman Lemke and seconded by Alderman Yflughaupt to concur in this report and order the purchase as recommended. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Fflughaupt, Garland, Dopheide, Friott, Lemke, and Campagna. Nays; Aldermen Henrich and Schwanbeck. The Mayor thereupon declared the motion carried. THE FIRE COMMITTEE through its chairman Alderman Garland reported that the complete draft of the proposed new "Fire Ordinance" will be ready for Council consideration at its next regular meeting. 628 Alderman Garland also submitted the following which was read by the Clerk: CITY OF DES PLAINES Fire Department Ald. Charlie Garland, Des Plaines, Illinois Dear Sir: Report of follows: April 4, May 11, 1938 Fire Calls for the month of April Prairie Fire, Busse Road, east of at 7:30 V.M., no damage. 8, Erwin Strempel, Automobile, 23, Cramp Grounds Cottage, State 23, Mrs. Ric:iey, 1290 Cora St., 2:15 P.M. 23, 594 Fourth Ave., Cat in tree 2 , West Grant Drive, Prairie Fi 26, Miles Equipment Mfg. Co. Sta are as report Mason Lane, State Report. Report. inhalater call at , 10:00 P.M. re, 2:00 Y.M. no Damage. to Report All calls made within the City Limits. Respectfully submitted, DES PLAINES FIRE DEPARTMENT Signed: V.L. SPIEGLER, Sec. Thd motion was made by Alderman Garroll and seconded by Alderman Lemke to accept this report and place the same on file. The motion was voted upon by acclamation whereupon the Mayor de- clared the motion carried. THE BAND COMMITTEE through its chairman Alderman Henrich reported that"'t'he Municipal Band should like permission to give public concerts on Ellinwood Street just West of Lee Street every Thursday evening during the summer. the Motion was made by Alderman Carroll and seconded by Alderman tienrich to refer this matter to the Supt. of Streets and the City Marshal with instructions to make necessary arrangements for these concerts. The motion was voted upon by acclamation wnereupon the Mayor declared the motion carried. the BUS LINE MELROSE PARK TO DES PLAINES: The Clerk then read following report: To Kenneth G. Meyer, City Attorney, at the meeting of the City Council, held March 21, 1938, the following matter was referred to you: The letter dated March 15, 1938 from the Illinois Commerce Commission regarding a hearing on a petition for a certificate of convenience and necessity to operate a motor carrier for the transportation of persons between Melrose Park and Des Plaines to be held at the offices of the said commission, 19th floor, 160 No. LaSalle Street, Chicago, on Wednesday, March 30, 1938, at 10:00 A.M. A copy of the said letter is attached hereto. E.J. FRIEDRICH, City Clerk To the Mayor and City Council: Your Attorney has investigated the above and has found: that evidence has been taken in this case and the matter is pending, waiting for the entry of an order. No action is required on the part of the City. Signed Committee: KENNETH G. MEYER, City Att'y. 629 Mayor Ahbe ordered this report placed on file. SALE OF "RIVTERVIEW HALL*: The Clerk then read the following letter: MADDEN, MCCIA & MEYER Attorneys at Law Chicago, 111. City Council City of Des Plaines Des Plaines, 111. in re: Sale of rtiverviewity Hall Gentlemen: Some time ago there was referred to me the matter of the contemplated sale of Riverview City Hall. I have investigated tnis property and find that under date of May 22, 1899 the Uity by warranty deed acquired from Maria Fox Lots 23, 24 & 25 in Block 3, in Diefendorf's Addition to Riverview. May 11, 1938 So far as i know the City does not possess any title papers on this property and before the City attempts to take the necessary legal steps to sell this property it will be necessary that the city have a guaranty policy of the Chicago Title & Trust Company, showing that the city has complete title to the land in question and i have received an estimate from the Chicago Title & Trust Company of the cost of *1000.00 guaranty policy, and they advised treat the cost thereof will be *80.00. if the City could borrow an abstract from some property owner owning property in Diefendorf's Addition 1 am sure there would be a considerable saving on this cost. After it has been determined that the City has complete title to the land in question it will be necessary that an ordinance be passed by three- fourths of the members of tze City Council author- izing the'sale of the land, and notice of the sale must be published once each week for three (3)suc- cessive weeks and the first publication must be not leas than thirty (30) days prior to the day provided for the opening of bids for the purchase of said land. matter. 1 therefore await your instructions in this Respectfully submitted, Signed: . enneth G. Mss@r' City Attorney for the City of Des Plaines, Illinois the motion was made by Alderman Campagna and seconded by Alderman Garland to instruct nenneth G. Meyer, City Attorney, to order a guaranty policy for the property in question. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Garland and Campagna. Nays; Alderman Carroll, Johnson, Pflughaupt, Henrich, Dopheide, Friott, Lemke, and Schwanbeck. The Mayor thereupon declared the motion lost. The matter of the sale of the old "Riverview Hall Property" was tnen again referred to the City Attorney by the Mayor. ELI STRAUS vs THE CITY OF DES PLAINES-SA, 111: The Clerk then read the following letter: V MADDEN, MECCIA & MEYER Attorneys At Law Chicago, .illinoss May 13, 1938 City Council City of Des Plaines Des Plaines, Illinois In re: Elis Straus vs. City of Des Plaines, involving 2nd installment of Warrant 135. Gentlemen: I wish to advise in connection with the above case in which was involved Bonds #15 to 18 & 21 of the 2nd installment of Warrant 135, that the Court yesterday entered judgment against the City in the amount of $807.13. $594.22 of this amount represents the amount of money which the City should have paid on these bonds but for which it does not have money available in its Special Assessment account by reason of the fact that Martin Behrens, tne then City Treasurer over -paid other bonds issued in the same installment, and $212.91 rep- resents interest at 5$ for which the City is liable for not having paid the bondholder tne moneys to which he was entitled. In view of the fact that our own audit cor- responded with the claim of the bondholder in this case, I consented to have this case tried by the Court instead of having it referred to a master in Chancery, and there- by avoided additional costs to be taxed against the G"ity. As I have stated heretofore, the audit of War- rant 135 discloses that Martin A. Behrens is responsible for the misapplication of the funds in the 2nd install- ment, and his surety was the Aetna Casualty & Surety Co., and it is my recommendation that the Council authorize me on behalf of the City to file suit at once against Martin Behrens and the Aetna Casualty Company to recover not only the amount of liability as established by the judgement heretofore mentioned, but also to endeavor to recover other diversions in this Warrant, as the City audit discloses that the total diversions amount to *23.375.93. Very truly yours, Signed: KENNETH G. MEYER CJi ty tit t'y. The motion was made by Alderman Garland and seconded by Alderman Henrich to concur in the recommendations contained in this letter, and to instruct Kenneth G. Meyer, City Attorney, to file suit against the Aetna Casualty & Surety Go. as surety for Martin A. Behrens to recover the amount of tne judgment in question. The motion was voted upon by acclamation whereupon the Mayor declared tree motion carried. RE -ZONING: The Clerk then read the following report: '1"o Kenneth G. Meyer, City Attorney, at the meeting of the City Council, held April 4, 1938 the following matter was referred to you: The letter from the Zoning Board of Appeals dated February 18, 1936 and addressed to the City Council was referred to you by the Mayor. You will find the original letter together with all the original supplements referred to in the letter attached hereto. When these papers have served their purpose please be sure to return them to me with your report, in order that our files may be complete. E.J.FRIEDRICH, City Clerk 631 To the Mayor and City Council: Your City Attorney has prepared and submitted to ttie Zoning Board of Appe- als documents and given advise with respect to proce- dure for the purpose of establishing set -back lines in commercial districts and to the re -zoning of certain property from commercial to residential districts. I therefore recommend: that this report be placed on file and await the action of the Zoning Board of Appeals. Signed Committee: KENNETH G MEY3Ry City Attorney Mayor Ahbe ordered this report placed on file. BELT LINE R.R. BLOCKING WOLF ROAD: The Clerk then read the following letter: CHICAGO AND NORTH WESTERN RAILWAY COMPANY Charles P. Megan, Trustee Chicago, Illinois May 9, 1938 Mr. Edgar J. Friedrich, City Clerk City of Des rlaines Des Plaines, Illinois Dear Sir: This will acknowledge receipt of your letter of May 7th concerning the blocking of the crossing at Des Plaines by freight trains. The matter, you may be sure, will receive immediate attention. iours,truly, Signed: M.E. TERPNING, General tupt. Mayor Ahbe ordered this letter placed on file. GASOLINE FILLING STATION ORDINANCE: The Clerk then read for second reading a proposed ordinance entitled: *AN ORDINANCE TO REGULATE, LIMIT AND RESTRICT THE PLACE OF BUILD- ING GASOLINE SERVICE STATIONS AND OF GASOLINE STORAGE TANKS WITHIN THE CITY OF DES PLAINES, COOK COUNTY, ILL." The motion was made by Alderman Uampagna and seconded by Alderman Dopheide to finally pass and adopt this proposed ordinance as read. xhe Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, eflughaupt, tienrich, Garland, Dopheide, Friott, Lemke, Schwanbeck, and Campagna. Nays; None. The Mayor thereupon declared the motion carried and the said ordinance passed. The motion was made by Alderman Lemke and seconded by Alderman Dopheide to instruct the Clerk to publish this ordinance in the "Des Plaines Suburban Times". The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Uarroll, Johnson, rflughaupt, rienrich, Garland, Dopheide, Friott, Lemke, Schwanbeck, and Campagna. .PROVIDING TRANSFERS FOR LIQUOR LICENSES: The Clerk then read the following proposed ordinance for first reading: 632 AN ORDINANCE AMENDING AN ORDINANCE ENTITLED *AN ORDINANCE REGULATING THE SALE OF ALCOHOLIC LIQUORS IN THE CITY OF DES PLAINES" PASSED FEBRUARY 13, 1934 AS AMENDED. ARTICLE I. BE IT ORDAINED by the City Council of the City of Des EiaTines, Cook County, Illinois that Section 4 of "An Ordinance Regulating the Sale of Alcoholic Liquors in the City of Des Plaines, crook County, illinois" as amended by and the same is hereby amended to read as follows: Unlawful to Sell Without License. "It - shall be unlawful for any person, firm, or corporation to sell or offer for sale any wine, spirits, brandy, rum, whiskey, gin, beer, or mixture thereof, or other spiritous liquors, whether in the original package, in bulk, or for consumption on the premises where sold, without having first obtained a license therefor from the City of Des Plaines. Such Retail Liquor Dealers' License shall be purely a personal privilege, and shall be transferable only by written consent of the Liquor Control Commission upon the pay- ment Of a transfer fee of $100.00, and shall be good for not exceeding the calendar year in which it is issued unless sooner revoked for cause as provided by law, and it hhall be unlawful for any licensee to give away or cause to be given away any alcoholic liquors within the City of Des Plaines". ARTICLE II. All ordinances or parts of ordinances in conflict herewith are hereby repealed. ARTICLE III. This ordinance shall be in full force and effect from and after its passage and approval and publi- cation according to law. FIRST RI1ADING PASSED THIS DAY OF 1938, A.D. AYES: NAYS: APPROVED THIS DAY OF 1936, A.D. HOBART M. AHBE, MAYOR E.J. FRIEDRICH, CITY CLERK Published in the Des Plaines Journal cay 19, 1938 . The motion was made by Alderman Henrich and seconded by Alderman Dopheide to suspend the rules and place this proposed ordinance upon its final passage. Ihe Mayor put the question and the Clerk called the roll with the following result: Ayes; Alder- men Carroll, Johnson, rflughaupt, tenrich, Garland, Dopheide, Friott, Lemke, Schwanbeck, and campagna. Nays; None. The Mayor thereupon declared the motion carried, the rules suspendedfand the proposed ordinance before the Uouncil for final dispostion. The motion was then made by Alderman Johnson and seconded by Alderman Lemke to finally pass and adopt this proposed ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, rflughaupt, Henrich, Garland, Dopheide, Friott, Lemke, Schwanbeck, and Campagna. Nays; None. The Mayor thereupon declared the motion carried and the said ordinance passed. The motion was then made by Alderman Henrich and seconded by Alderman Friott to instruct the Clerk to cause this ordinance to be published in the "Des Plaines Journal". The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, rflughaupt, tianrich, Garland, Dopheide, Friott, Lemke, Schwanbeck, and Campagna. Nays; None. The Mayor thereupon declared the motion carried. 633 ORNAMENTAL GATES AT DES PLAINES VILLAS: the Clerk then read the following letter: Des Plaines, Illinois may 14, 1938 Council of the City of Des Plaines, Illinois. Gentlemen: At the monthly meeting of the Des Plaines Villas Civic Club held on may 9, 1938, t was elected chairman of a committee to investigate the question of ornamental entrance gates of our subdivision. it is on behalf of this committee and the Civic Club that 1 write you this letter. The ornamental street gates have been in need of repairs to prevent further deterioration. These gates are generally considered a definite im- provement and embellishment of our section and thus the fact that they are being so sadly neglected is keenly felt by all of us. We understand that this matter has been before the City Council some time before and that at twat time an objection was made, that those gates were not made of permanent material and were intended for promotional advertising only. Since this opinion might crop up again we wish to state, that we made inquiries going back to the opening of our section of town, and we were informed that those gates were in- tended a permanent improvement and were so constructed. We wish to add that if these gates withstood 10 years of attacks of elements and are still in such a shape that surface repairs will restore them, they certainly were no temporary structure. Any permanently built house left without any upkeep for the same lenghth of time would certainly look, as we all know only too well, even worse than these gates look now. Thus it is obvious that the City is allowing valuable and permanent city property to deteriorate for lack of proper upkeep. Time and again appeals have been made to the citizens of our city to beautify our surroundings; some civic organizations have it a part of their charters. Thus if it is worth effort and money to plan improvements it certainly is even more urgent to keep up what we already have. We hope that the City Council will find a way to remedy this neglect to satisfaction of every- body concerned. Signed: FRANK VODICKA The motion was made by Alderman Dopheide and seconded by Alderman Garland to refer this letter to the Streets and Sidewalks vommittee for further study and report. The motion was voted upon by acclamation whereupon the mayor declared the motion carried. letter: POPPY DAY PERMIT: The Clerk then read the following DES PLAINES POST NO. 36 American Legion Des Plaines, Illinois may 7, 1936 gar. Edgar i. Friedrich, City Clerk municipal building yes Plaines, illinois Dear Ar. r'riedtrich: Will you please convey to the Honorable City Council at their next. regular meeting a request from Des Plaines Yost No. 36 the American Legion Department of Illinois to hold the annual Poppy Day Tag on the streets of the City of Des Plaines. Granting of this request will be greatly appreciated. 1 do not think it necessary to 'over what Poppy Day means to our disabled veterans in hospitals who are still paying for the freedom we enjoy. Will you please advise either the Commander or myself if perm it is granted in order that plans may be completed to have our Auxiliary out on the streets Monday, may 23, 1938. Yours truly, Signed: A.B. COO. Adjutant The motion was made by Alderman Garland and seconded by Alderman Friott to grant this request. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the request granted. The Clerk then read the following Proclamation: APROCLAJ1iAT I O N *WHEREAS, in the World War of 1917-1918 the young men of Des Plaines gave their service to tne defense of the United States in an exalted spirit of patriotism and some were called upon to sacrifice their lives in that Service: WHEREAS, many others were called upon to sacr- fioe health and strength, with resulting suffering and hard- ships to themselves and families which continue to this day: WHEREAS, the memory of these patriotic sacri- fices should ever be kept fresh in the minds of patriotic citizens, while fullest aid should be extended to those still within the reach of human aid: AND, WHEREAS, the wearing of the armorial Poppy both honors the dead and aids the disabled and dependents: THEREFORE, 1, HOBART AHBE, Mayor of the City of Des Plaines do hereby proclaim aonday, May 23rd, Poppy Day in the City of Des Plaines and urge all citizens to observe tne day by wearing the American Legion and American Legion Auxiliary Inemorial Poppy." Signed: HOBART M. AHBE, MAYOR mayor Ahbe urged everyone to contribute liberally to the :poppy Day Fund. MEMORIAL DAY PARADE: The Clerk then read the fol- lowing invitation: 63'5 DES PLAINES POST NO. 36 The ionerican Legion Des Plaines, Illinois To the honorable City Council Das illinoie Gentlemen: Legion parade May 14, 1938 Des Plaines Post No. 36 of the American will observe memorial Day, May 30 with a and fitting exercises at memorial Park. We invite the City Council as in the past to participate with us in paying tribute to our heroic dead. we remain in these file. Hoping that you will be with us in a body, Yours sincerely, Signed: A. B. COOK ADjutant Mayor Ahbe urged all members of the Uouncilto participate Memorial Day Exercises, and ordered the letter placed on REBUILDING SCALE: Upon the suggestion of Alderman Schwanbeck to rebuild the dismantled City scale for the use of the Police Department, mayor Ahbe referred the matter to the Committee on Public Works, Buildings, and Plats. NINETY MINUTE PARls.i X : upon inquiry made by Alderman Schwanbeck the matter of enfordement of the ninety -minute parking rule for the downtown area was briefly discussed. mayor Ahbe called a meeting of the council as a committee of the whole for Monday May 23, 1938, at 8:00 P.M. to discuss this problem with representatives of the Des Plaines Business Men's Association, the Lion's Club, and the Des Plaines Safety Council. APPROVAL OF MINUTES: Each member of the Council having at hand a copy of the minutes of the regular Council meeing held Monday, May 2, 1938, the motion was made by Alderman Dopheide and seconded by Alderman Garland to approve the said minutes as written. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the said minutes approved. APPROVAL OF BILLS: The Finance Committee through its chairman Alderman Pflughaupt 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 ISSUE PROPER VOUCHER WARRANTS IN PAYMENT OF SAME. 899 Middle States Tel Go. 9e1 City Clerk Petty Cash 903 Des Plaines Journal 905 Des Plaines Realty Co 907 American Bank Note Go 909 Public Sercice Uo 911 R. Robinson 913 Des Plaines Cafe 915 Jessen's Sery Station 917 Kenneth G. Meyer 919 Public Service vo 921 Des Plaines Merc Co 26.75 900 Middle States Tel Co. 14.00 4.38 902 Burroughs Add. Mach Co 8.00 3.00 904 W.L. Plew & Jo 10.00 450.00 906 Holland M. Cassidy 72.46 11.82 908 Middle States Tel Co. 19.05 548.99 910 A. Kennicott 50.00 25.00 912 Middle States Tel Co. 19.80 9.03 914 Des Plaines merc. Co. 2.80 7.70 916 Middle States Tel Co. 7.50 5.85 918 Middle States Tel Co. 3.00 4.13 920 E. Sims 1.35 64:77 922 Public Sery Co 13.79 636 923 Wm • Selke 925 Bert Sweeney 927 Paul Senne 929 John Braun 931 Public Sery Co 933 John &rueger 935 Wm. Loehler, or. 937 Middle States 'tel. Co. 939 Union Linen Supply Co 941 American Bank Note Go. 943 Fred xaufman 945 A. Werhane 947 E.I. DuPont DeNemours 949 Hallemite afg. Go. 951 M.D. Wells 953 Union Linen Supply Co 955 City Clerk retty Cash 957 Neptune meter Go. 959 Rosen,Francis& Cleveland29.40 961 972 U.S. Postmaster,D.P. 20.09 962 963 Axel D. Petterson 2.50 964 965 Nagel Service inc. 967 Oyygen Eqpt & Servt 969 Middle States Tel Co 971 American Bank Note Go 18.;90 924 25.00 926 10.80 928 10.80 930 47.08 932 16.20 934 42.07 936 3.50 938 1.50 940 3.26 942 36.00 944 10.80 946 37.17 948 42.50 950 5.26 952 1.50 954 3.02956 34.39 958 9.67 966 13.90 968 5.33 970 3.26 Albert Ritter H. Wille Henry Wasneck Axel D. Petterson Eagle Signal Corp Hess Tire & Bat. Sery Valvoline oil Go. Public Service Co Holland M. Cassidy Des Plaines Motor Sale 110.60 Bert Sweeney 40.00 Des Plaines i,br. & Goa1260.08 Public Service Co 3.54 H.O. Tibbits 12.00 Middle %tee Tel Go. 15.25 .lames Schimka 1.50 James B. Glow & Sons 1.75 Burroughs Add. iach.Go. 53.90 John Garrett 3.35 Des Plaines mere. Go. 1.14 Nagel Service inc. 82.66 Harry 11. xruse Sales 5.58 Des Plaines Realty Co 146.99 Holland m. Cassidy 19.93 66.25 32.40 21.60 7.50 34.93 5.00 17.32 1.70 19193 The motion was made by Alderman Pflughaupt and seconded by Alderman Garland to adopt this proposed resolution. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Pflughaupt, Henrich, Garland, Dopheide, Friott, Lemke, Schwanbeck, and Uampagna. Nays; None. The Mayor thereupon declared the motion carried and the resolution adopted. ADJOURI IST: The motion was made by Alderman Dopheide and seconded by Alderman Garland that the Council adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the council regularly adjourned. i (RICH, City le