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