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08/15/1938679 ADJOURNMENT: The motion was made by Alderman Lemke and seconded by Alderman Friott to adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the Council ;; gu1ataLourned. lieb. DGAR CITY CLE MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS MONDAY, AUGUST 15, 1938 AT 8:00 P.M. CALL TO ORDER: In the absence of Mayor Hobart M. Ahbe, the meeting was called to order by Edgar J. Friedrich, City Clerk, with Aldermen Carroll, Johnson, Pflughaupt, Henrich, Garland, Dopheide, Friott, Lemke, Schwanbeck, and Campagna responding to the roll call. DESIGNATING MAYOR PRO -TEM The motion was made by Alderman Garland and seconded by Alderman Carroll that Alderman Pflughaupt serve as Mayor pro -tem during this meeting. The motion was voted upon by acclamation whereupon the chair declared the motion carried. Alderman Pflughaupt thereupon presided during the remainder of the meeting. no report report THE STREETS & SIDEWALKS COMMITTEE had no report to offer. THE POLICE & LICENSE COMMITTEE had no report to offer- . THE COMMITTEE ON PUBLIC WORKS,' .BiTILDI TCS, AND PLATS had to offer. THE SEWER, DRAINAGE, AND SANITATION`,C.OM IITTEE to offer. had no THE FIRE COMMITT►+.r; had no report to offer. THE "WATER COMMITTEE had no report to offer. THE BAND COMMITTEE had no report to offer. DILAPIDATED HOUSE - 1223 PRAIRIE AVENUE: The Clerk then read the following report: To KENNETH G. MEYER, City Attorney, at the meeting of the City Council, held July 18, 1938, the following matter was referred to you: Tne matter of taking the necessary legal steps to enable the City Council to proceed with demolishing the vacant and dilapidated residence located at 1223 Prairie Avenue. To the Mayor and City Council: Your Attorney has inves- tigated the above and has written to Chauncey Brownell, the owner of the premises in question, and will report further to the Coun- cil as soon as a communication is received from Mr. Brownell. Signed, KENNETH G. MEYER, City Attorney The Chair ordered this report placed on file. OPINION REGARDING CIVIL SERVICE: The Clerk then read the following letter: MADDEN, MECCIA & MEYER Attorneys at Law Chicago 68t letter -Madden, Meccia & Meyer City Council City of Des Plaines Des Plaines, Illinois i In re: Civil Service Gentlemen: August 5, 1938 In response to your request for an opinion as to whether or not all the employees of the City of Des Plaines can be placed under Civil Service, I wish to advise that the statute of tail State does permit cities of the size of Des Plaines to place its employees under Civil Service provided certain required steps are first taken. Before employees of the City can be placed under Civil service it is necessary that tne electors of the City vote upon such proposition. In order to have a vote on the proposition it is necessary that 1,000 legal voters of such city voting at the last preceding election file a petition with the Judge of the County Court requesting him to direct a submission of the subject to the voters at the next succeeding general state, county, or city election, In the event 1,000 voters shall exceed 1/8 of the legal voters of the City voting at the last preceding election, then such petition to the County Court need not be signed by more than 1/8 of the voters of such city voting at the last pre- ceding election. The statute does not say "last preceding city,elec- tion.* Therefore, if the last preceding election was a county or state eledtion it is my opinion that tne number of persons voting at such last election must be counted in order to deter- mine how many signers are required on tne petition to be filed with the County Court. If the majority of the voters voting on such proposi- tion vote in favor of adopting the Civil Service Act then the Mayor shall issue a proclamation declaring the act to be in force in such city. If the act becomes in force the Mayor roust appoint three (3) persons as commissioners, and no commissioner is permitted to hold any other lucrative office or employment under the United States, the state of Illinois, or any munici- pal corporation or political division tLiereof. The Commissioner must classify all the offices and places of employment in the City with reference to the examinations to be held ex- cept as to the following, which do not combe under the class- ification of Civil Service persons, namely: 1. Officers who are elected by the people. 2. Officers whose appointment is subject to confirmation by the City Council. 3. Judges and clerks of election. 4. Members of any Board of 1ducation. 5. Heads of any principal department of the City. 6. Police officers abolre the grade of Captain. 7. One private secretary of the Mayor. The Commissioners are required to prepare rules and regulations necessary to carry out the purpose of the Civil Service Act and for examinations, appointments and removals in accordance with its provisions. The head of any department or office of the City in which a Civil Service position is to be filled is required to notify the Commission of such fact and the Commission will certifyto the appointing officer (head of the department or office) the name and address of the candidate standing highest upon the register. The Commissioners are to employ a chief -examiner wh9se 681 duty it to superintend any examination, and such examiner shall be ex -officio secretary of the Commission. In cities having a population of less than 100,000 inhabitants the Commissioners and the chief -examiner are to receive such salaries as the Council snail direct. It should be borne in mind that the Civil Service Act is a distinct statute separate and apart from the Fire & Police Commissioners Act under which the firemen and police- men are appointed. From the study of the cases and the law on this subject thus far made by me, I am inclined to believe that the Board of Fire and Police Commissioners would be auto- matically abandoned by the adoption of the Civil Service Act, and the firemen and policemen and other employees would then come under the jurisdiction of the Commissioners as prescribed in the Civil Service Act. Respectfully submitted, Signed, KENNETH G. MEYER, City Attorney The Chair ordered this letter placed on file. STATE MAINTENANCE OF S.B.I. ROUTES: The Clerk then read the following letter: State of Illinois Division of Highways Chicago Aug. 1, 1938 Mr. Hobart M. Ahbe, Layor City of Des Plaines City Hail Des Plaines, Illinois Dear Sir: Attached are four copies of an Agreement for Maintenance of City Streets for the period July 1, 19.38 to June 30, 1939. This Agreement covers those State Hightuays under the jurisdiction of the City of Des Plaines where we may contract for maintenance work. In order to make the agreement effective, it must be approved by the City Council, be signed by both the Mayor and the Clerk, and bear the corporate seal. The certification at the bottom of the'contract must also be filled in, signed and sealed. When ,the City has approved these copies of the Agree- ment for Maintenance of City Streets, please return all of them to me for completion by this department. As soon as State signatures are affixed, a completely signed copy will be returned for your records. In order that funds set up by this agreement may be available for use as soon as possible, I would suggest that this agreement be considered at the next regular meeting of the City Council. Should you have any questions about this document or about the maintenance work covered by it, ,I should be glad to answer them. Very truly yours, Signed, KENDRICK HARGER, District Engineer The motion was made by Alderman Johnson and seconded by Alderman Schwanbeck to authorize and direct the Major and City Clerk to execute the maintenance agreement referred to in the foregoing letter for and in the name of the City of Des Plaines. The motion was voted upon by acclamation where- upon the chair declared the motion carried. 62 SUGGESTED AMENDMENTS TO LIQUOR ORDINANCE: Trie Clerk then read the following letter: MADDEN, MECCIA & MEYER Attorneys at Law Chicago City Council Municipal Bailding Des Plaines, Illinois Aug. 15, 1938 Gentlemen: At the last Council meeting there seemed to be silme difference of opinion between members of tne Council and myself with respect to the city's power to limit the number of liquor licenses. My opinion was then and still is that the City of Des Plaines can limit the number of licenses to be issued and I base my opinion on Paragraph 110 Chapter 43 of the Illinois Statute which, among other triings, provides as follows; "In every city - - - the council shall have the power by general ordinance or resolution to determine the number, kind and classification of licenses, for sale at retail or alcoholic liquor --"• Respectfully submitted, Si'ned, KENNETH G. TE,YER, City Attorney The Chair ordered this letter pladed on file. The motion was made by Alderman Garland and seconded by Alderman Lemke to direct the City Attorney to prepare and submit an ordinance repealing the provision in the Liquor Ordinance which permits the transfer of Liquor Licenses, and amending tne Liquor Ordinance so as to make liquor licenses non -transferable. The motion was voted upon by acclamation whereupon the Chair declared the motion carried. The motion was made by Alderman Lemke and seconded by Alderman Henrich to instruct the City Attorney to prepare and submit an ordinance so as to set tne maximum allowable number of licenses at sixteen (16) instead of fifteen (15). The Chair put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Pflughaupt, Henrich, Garland, Friott, Lemke, Schwanbeck, and Campagna. Nays; Alderman Dopheide. The Chair thereupon declared the motion carried and the Gity Attorney so instructed. PUBLISH PICTURES OF MUNICIPAT. BUILDING: The Gle k then read the following letter: Knapp Bors. Manf. Co. 220 Scott Street Joliet Edgar J. Friedrich, 836 Jeannette Ave. Des Plaines, Illinois June 7, 1938 Dear Edgar: Sometime ago our Chicago representatives, tne Loxit Company, advised us they had written you regarding a release or authorization wnich would permit us to publish pictures of the recently complete Municipal Building in Des Plaines. I assume you are still custodian of tae properties of the fair city and that you will find it possible to give us such authorization. You are probably quite familiar with the fact that the publishers of trade magazines will not accept for publication any 683 illustrations of structures unless accompanied by a release which gives permission to mention the name and location of the structure.' I will consider it a personal favor if th you will make it possible for us to utilize the photographs of the various items of our manufacture which were specified for use in this structure. Yours very truly, KNAPP BROTHERS MANF . C O . Signed, G.H. SCHULTZ, Sales Manager The motion was made by Alderman Campagna and secon- ded by Alderman Lemke to grant this request. The motion was voted upon by acclamation whereupon the Chair declared the motion carried. TREASURER TO SIGN CHECKS: The Clerk then read for first reading a proposed ordinance entitled: "AN ORDINANCE DESIGNATING THE OFFICER OF THE CITY OF DES PLAINES TO SIGN CHECKS, DRAFTS AND VOUCHER ORDERS OF THE CITY OF DES PLAINES . " The motion was made by Alderman Henrich and seconded by Alderman Garland to suspend the rules and place this pro- posed ordinance upon its final passage. The Chair put the question an the motion and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson> Pflughaupt, Henrich, Garlsnd, Dopheide, Friott, Lemke, and Schwanbeck and Campagna. Nays; None. The chair thereupon declared the motion carried and the rules suspended, and the proposed ordinance before the council for final disposition. The motion was then made by Alderman Johnson and seconded by Alderman Lemke to finally pass and adopt this proposed ordinance. The chair 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 Campagna. Nays; None. The chair thereupon declared the motion carried and the ordinance passed. PROPOSED REVISED BUILDING CODE: The Clerk then read for first reading the proposed revision of the Building Code entitled: *REVISED BUILDING CODE OF 1938 OF THE CITY OF DES PLAINES' . The Chair ordered this proposed ordinance filed for second reading. The motion was made by Alderman Garland and seconded by Alderman Camp9gna to receive proposals covering the publi- cation of the Revised Building Uode. The motion was voted upon by acclamation whereupon the Chair declared the motion carried. The motion was made by Alderman Garland and seconded by Alderman Lemke to refer the matter of publishing the Revised Building Code jointly to the Fire Committee and the Buildings and Plats Committee with instructions to prepare specifications, receive bids and submit the same to the Council. The motion was voted upon by acclamation whereupon the chair declared the motion carried. ABATING TRAILER EVIL: The motion was made by Alder- man Friott and seconded by Alderman Garland to instruct the City Attorney to prepare an ordinance controlling the use of trailers within the City Limits, and prohibiting the occupancy of trailers as a temporary or permanent residence. The motion was voted upon by acclamation whereupon the chair declared the motion carried. 684 PLANS FOR WtiENING PEARSON STREET: The motion was made by Alderman"Schwanbeckand seconded by Alderman Johnson to instruct the City Engineer to prepare the necessary plans, specifications, and estimates for widening Pearson Street from Thacker Street to Des Plaines Avenue with funds from the city's share of the State Motor Fuel Tax. The motion was voted upon by acclamation whereupon the Chair declared the motion carried. APPROVAL OF PLAT: The Clerk then submitted for approval a plat described as follows: PLAT OF DES PLA II`TES MANOR TRACT #2-A Being a re -subdivision of the East T of Lot 13 and Lot 14 (entire Lot 14) of Block 31 in Des Plaines W1anor Tract #2. The motion was made by Alderman Lemke and seconded by Alderman Campagna to approve this plat and to instruct the Mayor and City Clerk to sign the same for and in the name of the City Council of the City of Des Plaines. The motion was voted upon by acclamation whereupon the Chair declared the motion carried. APPROITAL OF BILLS: The Finance Committee through its member Alderman Carroll, then introduced the following proposed resolution: RESOLVED THAT THE FOLLOWING BILLS AND WAGES ARE DUE AND PAYABLE AND THAT THE CITY CLERK AND MAYOR BE AUTHORIZED TO ISSUE PROPER VOUCHER WARRANTS IN PAYMENT OF THE SA]fl . 1601 Frank A. Bremer & Son 1603 'Munic.Fin. Off. Assoc. 1605 Middle States Tel Go 1607 Edgar J. Friedrich 1609 A. Kennicott 1611 Hart.Aust.L & T Sply 1613 Frank A Bremer & Son 1615 Harold's Tex. Sta 1617 Frank A. Bremer & Son 1619 R.O. Sigwalt 1621 Middle States Tel Co 1623 Johnson`Elec Shop 1625 Middle States Tel Go 1627 Bert Sweeney 1629 Purnell & Wilson Inc 1631 Hess Tire & Bat Sery 1633 Des Plaines Pubi Go 1635 A.D.Joslin Mfg. Go. 1637 LakeCook Farm Sply 1639 Public Sery Go 1641 Maine Auto Sery 1643 Middle States Tel Go 1645 Mine Safety Appl. Co 1647 John Larson 1649 Fred Tegtmeier 1651 Fre& Kaufman 1653 Claus Wolf 1655 Bert Sweeney 1657 Public Sery Go 1659 Middle States Tel Go 1661 Whetstone Sery Sta 1663 Minn.St.Pau1 Ste RR 1665 Frank A Bremer & Son 1667 A. Stansfield 1669 W.E. Crink 1671 E. Zietz 1673 H. Pezoldt 1675 B.F. Kinder's & Sons 1677 Middle States Tel Co 1679 C.M. Larson 1681 Monson & Dannhausen 1683 Blerkle Goal & Mat'l. 2.58 1602 Middle States Tel Co 10.00 1604 Frank A Bremer & Son 18.50 1606 Des Plaines Publ. Go 25.00 1608 Public Service Go 50.00 1610 R. Robinson 1.50 1612 Middle States Tel Go 2.22 1614 Des Plaines Cafe 12.04 1616 Harold's Tex. Sta .67 1618 Meyer Coal & Mat'l 19.00 1620 Public Sery Go 7.75 1622 Willard Ritter 16.07 1624 Public Sery So 3.25 1626 R.U. Zigwal t Lbr 5.00 1628 Albert Ritter 5.15 1630 Sub. Auto Supply Co 1.50 1632 Whetstone Sery Sta 26.50 1634 City Clsrk Petty Gash 360.00 5.63 50.06 27.74 4.05 3.94 3.60 14.40 79.20 17.40 60.00 2.87 16.0o 30.36 1.00 3.65 3.4 1.4 4.50 3.67 6.18 6.08 261.25 691.36 138.80 & Co Coal 1636 W.R. Meadows, Inc 1638 E.N. Fletcher 1640 Fred Tegtmeier 1642 Harry Kruse 1644 Public Sery Go 1646 Frank A. Bremer 1648 L. Nick 1650 Fra ik Wolf 1652 A. Passarelli 1654 Albert Ritter 1656 E.I.DuPont DeNemours 1658 Prairie Lee Paint Store 1670 Gniot Bros. Tire & Bat Sery 1662 Tames B. Glow & Son 1664 Inland Supply Co 1666 Henry Toeteberg 1668 A. Averill 1670 Stanley Mummert 1672 Jos. U. Rubey 1674 Kruse Bros Sery Sta 1676 Des Plaines Bubl. 1678 Public Service Co 1680 Myron Vogt 1682 Material Service Gorg 1684 Henry Hacker, Jr A. Son 34.00 1.60 9.15 552.17 50.00 21.4111 15.5 88.2 51.85 8.36 21.60 42.68 24.00 37.50 7.40 43.23. 4.85 47.50 20.00 16.20 43.78 1.50 .88 3.60 3.6o 24.00 26.2 36.1 2.8 10.4 42.1 34.8 111 5.00 3.14 .40 2.00 1.70 15.50 14.04 153.00 125.44 46.80 The motion was made by Alderman Carroll and seconded by Alterman Lemke to adopt this proposed resolution. The Chair put the question and 685 the Clerk called the roll with the following result: Ayes; A1'erman Carroll, Johnson, Pflughaupt, Henrich, Garland, Dopheide, Friott, Lemke, Schwanbeck and Campagna. Nays; None. The Chair thereupon declared the motion carried and the said resolution adopted. APPROVAL OF MINUTES: Each member of the Council having at hand a copy of the minutes of the regular council meeting held Monday, August 1, 1938, the motion was made by Alderman Dopheide and seconded by Alderman Johnson to approve the said minutes as written. The motion was voted upon by acclamation whereupon the Chair declared the motion carried and the said minutes approved. TO MEET AS COMMITTEE -OF -THE -WHOLE: Upon the request of Alderman Dopheide the Chair announed that the Council will meet as a committee -of -the -whole on Monday, August 22, 1938, at 8:00 P.M., for the purpose of discussing various pending matters such as tree trimming, repair of Des Plaines Villas gates, and speci- fications for the publication of the proposed Revised Building Code. ADJOURNMENT: The motion was made by Alderman Lemke and seconded by Alderman Friott to adjourn. The motion was voted upon by acclamation whereupon the Chair declared the motion carried and the Council regular y adjourned. -A"' i /LAUte1�'0 EDGA ICH, CITY CLE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAM BFRS ON TUESDAY., SEPTEMBER 6th, 1938, AT THE HOUR OF 8:00 P.M. Inasmuch as Monday, September 5, 1938, the date of the regular council meeting, was Labor Day, a legal holiday, the meeting was automatically postponed to Tuesday, September 6, 1938. CALL TO ORDER: The meeting was called to order by Mayor Hobart M. Ahbe, presiding, with Aldermen Carroll, Johnson, Pflug- haupt, Henrich, Garland, Dopheide, Friott, Lemke, Schwanbeck, and Campagna responding to the roll call. The Clerk reported all mem- bers of the Council present. REPORTS OF OFFICIALS: The Clerk then submitted the fol- lowing reports: The report for August, 1938, of Chas. M. Larson, City Treasurer. The report for August, 1938, of Edgar J. Friedrich, City Clerk. THE JUDICIARY AND ASSESSMENT COMPIMITTEE had no report to offer. THE STREETS AND SIDEWALKS COMMITTEE: The Clerk then read the following report: To Edgar N. Fletcher, City Engineer, at the meeting of the City Council, held July 18, 1938, the following matter was referred to you: The matter dif filing with WPA authorities an application for a city-wide parkway tree trimming project, the city's share as sponsor's contribution not to exceed 4100.00. E.J.Friedrich, City Clerk