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03/20/193999 MINUTES OF THE REGULAR MEET ING OF THE CITY COUNCIL OF THE CITY OF DES P'LAINES HELD Ind THE COUNCIL CHAMBERS ON MONDAY, MARCH 20, 1939 AT THE HOUR OF 8:00 P .M CALL TO ORDER: Tne meeting was called to order by Mayor Hobart M. Ahbe, presiding, with Aldermen Carroll, Johnson, Pflughaupt, Henrich, Dopheide, Friott, Lemke, Scnwanbeck and Campagna responding to the roll call. Tne Clerk reported all members of tne Council present. REPORTS OF STANDING COMMITTEES: None of the standing committees of the Council had reports to offer. REFUNDING WATER REVENUE BONDS: The Clerk then read in its entirety for second reading a proposed ordinance enti- tled: AN ORDINANCE authorizing and providing for the issue of ?56,000 Water Revenue Refunding Bonds of the City of Des Pl- aines, Gook County, Illinois, prescrib ing all the details of said bonds and providing for the collection, segrega- tion and distribution of the revenue of the waterworks system of said City for the purpose of paying the cost of the operation and maintenance thereof, pro- viding an adequate deprecation fund there- for and paying the principal and interest of said Water Revenue Refuning Bonds. The motion was made by Alderman Pflughaupt and se- conded by A1'?erman Lemke to pass and adopt this proposed or- dinance as read. The Mayor put the question and the Glerk cal- led the roll witrl the following result: Ayes; Aldermen Carroll, Johnson, Pflughaupt, Henrich, Dopheide, Friott, Lemke, Scnwan- beck and Campagna. Nays; None. The Mayor tnereupon declared the motion carried and the said ordinance passed. Mayor Hobart M. Ahbe then signed the said ordinance in approval thereof which signature was attested by Edgar J. Friedrich, City Glerk, by his signature and seal. REQUEST REINSTATEMENT OF LIQUOR LICENSE: The Clerk then read tne following letter: SOD INI & GABBANI Center & Ellinwood Streets Des Plaines, Illinois March 20, 1939 To the Honorable Mayor and City Council of the City of Des Plaines Gentlemen: While we are fully aware of the fact that the City Council may not be legally obligated to us, yet we are appeal- ing to your honorable body in a spirit of fair play and asking that out 1939 Retail Liquor Dealer's Licence which was revoked, be reinstated. The facts are tnese: On January 9, 1939 we were officially informed that our application for 1939 Liquor License together with the annual fee of $500.00 must be filed not later than January 10, 1939. Wishing to comply with all demands of the City we promptly filed our application togethQr with the full fee on 'January 10th. 100 On January 12th we were officially informed that the Liquor Commission had had a meeting on January llth and had withheld our license because we had only one toilet. We were also told that the Liquor Commission had granted us and several other applicants 30 days to make the necessary alterations and provide two toilets as required by Ordinance. Again wishing to fully comply with the Citv's demands we provided two toilets at a cost of approximately 4250.00, and ;had fully complied by February llth as demanded by the City. CO February 12th the Liquor Commission granted us our license. We wer. indeed happy in the thought that we had met all requirements of the City and proceeded to carry on business as usual. On the morning of March 16tH, we were asked to be present at a meeting of the Liquor Commission to be meld at d;00 P.M. that same day. Again wishing to comply rigidly with all demands of the City we attended the said meeting. During the course of this meeting a transcript of the record of nearing held before the Illinois State. Liquor Commission was read. An order from the State Liquor Commission was al.o. read, which ordered the granting of a license to one of the applicants who had been denied a license. We were told that under the City Liquor Ordinance no more than 15 licenses could be issued, and that being forced by the State Liquor Commission to grant a license to the otner applicant, the local commission would be compelled to revoke our license. Naturally this came as a distinct shook to us. Subsequently on March 17th our 4500.00 fee was refunded. and on March 20th we received a formal written notice that our license had been revoked. From these facts the gentlemen of the Council will surely see that we have been the victims of a series of unfortunate circumstances which, no one, not even the officials of the City could have foretold. We responded promptly and in good faith to all demands for compliance even to the extent of hastily borrowing 4250.00 to make required alteration with- in the time specified. Over a period of 15 years in the sweat of our brow we haveestablished a little business, by means of which through long hours of hard work, we nave been able to eke out a modest living for ourselves and our families. de have always conducted our business in a manner beyond reproach, and feel that on the basis of moral justice we should be granted a license if at all possible, in order that we (day be permitted to continue in business and earn the daily bread for the two families de- pendent thereon. We therefore respectfully plead with the gentlemen of the Council to amend the City's Liquor Ordinance so as to permit sixteen licenses, and to then reinstate our 1919 license which was revoked. Respectfully yours, SODINI 3c GABBANI Signed EDTA SODINI, Partner ANDREW C ABBANI , Partner In explanation of the foregoing letter the Clerk read the following order of the Illinois Liquor Commission: STATE OF ILLINOIS LIQTIOR CONTROL COMMISSION ORDER On the appeal of E .M . KENNEDY 1.01 The Commission having considered the appeal of F.M. KENNEDy from tne order or action of the Local Liquor Control Commission of the City of Des Plaines, and the Commission having neard and considered the evidence offered by the parties thereto arca the arguments of counsel for the parties, FINDS: Tnat the Local Liquor Control Commission' of the City of Des Plaines nad no just cause or reason to refuse to issue a local retail liquor license to said E.M. KENNEDY, Des Pl°ines, Illinois. IT IS THEREFORE ORDERED that the Local Liquor Control Com- mission of tne City of Des Plaines, grant and issue a local retail liquor license to said E.M. KENNEDY,• Des Plaines, Illinois. Cq d= ENTERED by the Commission the 10th day of March, A.D. 1939. .e STATE OF ILLINOIS) COUNTY OP 0 0 0 K)SS. CITY OF CHICAGO ) I, LERbaiIN M. HART, Secretary of the Liquor Control Commission of the State of Illinois, and keeper of the files and records thereof, do nereby certify that the foregoing is a true and exact copy of the Order entered by said Commission on the 1Cth day of March, A.D. 1939, of record in my office. IN TESTIMONY WHEREOF, I have set my hand and seal, at Cni- cago, this 13th day of Marcn A.D. 1939. SEAL Signed 1LERWIN M. HART. He then read the following order of tne Liquor Commissioner of the City of Des Plaines: OFFICIAL FINDING AND ORDER OF THE LIQUOR COMMISSIONER OF THE City of Des Plaines, Illinois WHEREAS; I, as Local Liquor Commissioner of the City of Des Plaines did heretofore direct the issuance of a Retail Liquor Dealers License for the year 1939 to Eva Sodini and Andrew Gabbani, doing business as Sodini and Gabbani at 1515 Ellinwood Street in the City of Des Plaines, and WHEREAS: the Ordinance of the City of Des Plaines limits the number of Retail Liquor Licenses to fifteen (15), and WHEREAS: Fifteen licenses have been issued for the year 1939 and the said Sodini & Gabbani were the last applicants for a license, having applied tnerefor on January'10, 1939 but not having their place of business constructed to comply with the Liquor Ordinance of the City until February 11, 1939, upon wnich day a license was issued to them, and WHEREAS: the State Liquor Control Commission ruled on March 10, 1939 that a license be issued to E.M. Kennedy for the year 1939, and 102 WHEREAS: by reason of the order of the said Commission it is necessary to revoke one license to keep the number of licenses issued to fifteen in number, and the said Sodini & Gabbani were the last applicants for 1939 Liquor License, NOW, THEREFORE: a hearing being had before me this 15th day of march, 1939, as Liquor Commissioner of the City of Des Plaines, Illinois, and Eva Sodini and Andrew Gabbani being present, I, THEREFORE ORDER: that the Retail Liquor Dealer's License issued to Eva Sodini and Andrew Gabbani for the year 1939 be and the same is hereby revoked, and their license fee of 3500.00 returned to them. Dated March 15, 1939 Signed: HOBART M. AHBE, Mayor and Liquor Commission'r of the City of Des Plaines, Cook County, Illinois. STATE OF ILLINOIS ) COUNTY OF C O O K )SS. CITY OF DES PLAINES) I, EDGAR J. FRIEDRICH, Secretary of the Liquor Control Commission of the City of Des Plaines, Illinois, and keeper of the files and records thereof, do hereby certify that the fore- going is a true and exact copy of the Order entered by said Com- mission on the 15th day of Mardh A.D. 1939, of record in my office. In testimony whereof, I have set my -hand and seal, at Des Plaines, this 17th day of March, A.D. 1939. Signed: EDGAR J. FRIEDRICH, Secretary. RECEIPT I HEREBY CERTIFY that I received from the City of Des Plaines a copy of the foregoing order together with the said 'City's check for 3500.00 to refund 1939 Liquor License Fee. These were delivered in person by E.H. Drexler, City Marshall at o'clock P.M. on March 16th, 1939. SODINI & GA73BANI By Partner Kenneth G. Meyer, City Attorney then offered the following proposed ordinance which was read by the Clerk for first reading: AN ORDINANCE AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE REGULATING THE SALE OF ALCOHOLIC LIQUORS IN THE CITY OF DES PLAINES; ILLINOIS. PASSED NOVEMBER 21, 1938." BE IT ORDAINED by the' City Council of the City of Des Plaines, Cook County, Illinois, that: SECTION 1. Section 5, entitled 'Limitation of Licenses., of an Ordinance entitled "An Ordinance Regulating tne Sale of Alcoholic Liquors in tne City of Des Plaines, Illinois. Passed November 21, 1938" be and the same is hereby amended to read as follows: LIMITATION OF LICENSES. There snal l be no more than sixteen retail liquor dealer licenses issued and outstanding at any one time. SECTION 2. All ordinances and parts of ordinances in conflict herewith, are here ay repealed. 103 SECTION 3. Any person, firm or corporation violating this ordinance shall be fined not less than $5.00 nor more than 4200.00 and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. SECTION 4. This ordinance shall be in full force and effect from and after its passasge approval and piblication ac- cording to law. PASSED this day of A.D. 1939 City Clerk APPROVED this day of A.D. 1939 Mayor The motion was made by Alderman Johnson and seconded by Alderman Campagna to suspend the rules and place this pro- posed ordinance upon its final passage. The Mayor put the ques- tion on the motion and the Clerk called the roll with the fol - M lowing result: Ayes; Aldermen Johnson, Henrich, Lemke, Schwan - CI beck and Campagna. Nays; Aldermen Carroll, Pflughaupt, Dopheide, and Friott. ayor Ahbe ruled the motion lost for want of the required two-thirds majority, and ordered the said proposed or - .d dinance filed for second reading. (The motion was made by Alderman Carro11 to refer this matter to a committee to be appointed by the Mayor for the pur- pose of investigation and recommendation. However the Mayor declared the motion lost for want of a second. COMPLAINT - *OTTO'S WINES AND LIQUORS": There being no objection, Mr. LeRoy Zaleski, representing the local branch of the Retail Liquor Dealer's Ass'n., presented to the Council an oral complaint against Otto's Wines and Liquors, Inc., a retail liquor licensee, who, it was alleged, sells liquor for consumption upon the premises although the premises are not equipped with two toilets as required by ordinance. SUGGESTS CLARIFYING "PACKAGE GOODS STORE": Alderman Dopheide suggested that the City Attorney prepare an ammending ordinance clarifying the Liquor Ordinance with respect to *pack- age goods liquor stores". THE CITY ENGINEER: Upon request of Alderman Dopheide, E.N. Fletcher, City Engineer, reported that the WPA has announced that all suburban street projects are being combined into one large (.36,000,000.00) project to start about May 10, 1939. This project will include the City's sewer and catchbasin rebuilding, tree trimming and possibly house numbering. BUILDING INSPECTOR: Frank F. Scharringhausen, Building Inspector, reported building permits issued for February, 1939 of $30,000.00 and permits for March to dabs of $40,000.00. He anticipated that the total for March would reach $70,000.00. SEWER COMPLAINT: Alderman Carroll voiced a complaint regarding a sewer catchbasin at Laurel Avenue and Washington Street which is hazardous and which has been barricaded for some time. Alderman Dopheide, Chairman of,the Sewer, Drainage and Sanitat- ion Committee, explained that further repair of this catchbasin is contemplated as a part of the W.P.A. street project now in preparation. The motion was tade by Alderman Johnson and seconded by Alderman Carroll to authorize and direct the Superintendent of Public Woiks to purchase the necessary blocks and rebuild the catchbasin in question with relief labor. The motion was voted upon by acclamation whereupon the Mayor declared the motion car- ried. SUGGESTS ELIMINATING PRAIRIE FIRE CALLS: Alderman Lemke suggested that some action be taken to eliminate the numerous calls to extinguish burning prairies. He further suggested that tne dry grass and weeds be burned off system- atically under the supervision of relief labor, WPA labor or tne Fire Department. Mayor Ahbe referred this matter to the Fire Committee for study and report. SUGGESTS ACTION REGARDING SMOKE: Alderman Doprieide then asked that the matter of smoke abatement recently referred to a committee be given prompt attention. APPOINTMENTS: Mayor Ahbe then appointed Alderman Johnson as chairman of the Fire Committee to fill the vacany created by tne resignation of Alderman Garland. The motion was made by Alderman Campagna and seconded by Alderman Henrich to confirm this appointment. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and tne said appointment confirmed. Mayor Ahbe then announced the appointment of the following members to the Library Board of Trustees: Mrs.'Irene Stuebe, to fill the vacany created by the death of E.D. MacLuckie. Term expires April 30, 1940. Miss Olga Siede Mr. Gilbert Rudiger) Mx. A.R. McAlpin ) Reappointed for three (3) year term beginning May 1, 1939 and ending April 30, 1942. The motion was made by Alderman Pflughaupt and seconded by Alderman Campagna to confirm these appointments. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the said appointments confirmed. Mayor Aube also announced the following appointments: Mr. Charles Arbogast - reappointed as member of the Zoning Board of Appeals for a five (5) year term beginning May 1, 1938 and ending April 30, 1943. Mr. Fred A. Nelson - reappointed as member of the Fire and Police Commission for a three (3) year term beginning May 1, 1938 and ending April 0, 1941. The motion was made by Alderman Pflughaupt and seconded by Alderman Henrich to confirm these appointments. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the, said appointments confirmed. APPROVAL OF BILLS: The Finance Committee tnrough its chairman Alderman Pflughaupt then introduced the follo'ing pro- posed resolution: RESOLVED THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO ISSUE PROPER VOUCHER WARRANTS IN PAYMENT OF THE SAME. 3016 Frank A. Bremer 7.99 3u17 City Clerk Petty Cash 3018 Ditto, Inc. 8.51 3019 Des Plaines Journal 3020 Burroughs Add. Macn.Go 8.00 3021 Des Plaines Journal 3022 Frank A. Bremer. 14.42 3023 Des Plaines Realty Go 3024 Sodini & Gabbani 500.00 3025 Public Service Co 3026 Frank A. Bremer 14.06 3027 Des Plaines Cafe 3028 Des P1. Motor Sales 35.83 3Q29 A. Kennioott 3030 Kenneth G. Meyer' 4.00 3031 Wm. Radlein 3032 Edward Sirns .90 3033 Public Service Co 4.25 14.00 6.40 50.00 204.66 4.51 50.00 40.p 3.53 3034 3036 3038 3040 3042 3044 3024 3046 3048 3050 3052 3054 3056 3058 3060 3062 3064 3066 3068 3070 3072 Public Service Co William Selke Purnell A Wilson McDermott Eqpt. Co The Texas Go Public Service Co Des Plaines 1erc. McDermott Eqpt. Co HessTire & Batty Meyer Coal A Mat'l Union Linen Suply Co Fred Kaufman Albert Ritter Des Plaines Lbr James B. Glow & Sons McDermott Eqpt. Go Lagerhausen Lbr Burroughs Add. Macn. D.L. Cowlin H.0 . Seegers B.F. Kinder's Sons 2.06 122.40 9.88 13.43 5.54 48.76 3.49 13.43 6.40 36.60 6.00 36.00 5.00 260.08 7.79 13.43 3.29 53.90 4.50 3.16 9.59 3035 Albert Ritter 3037 Bert Sweeney 3039 Thompson's Hawkinson 3041 John Rietz Sery Sta 3043 Public Service Go 3045 Hans Jensen 3074 Meyer Coal & Mat'l. 3047 Frymark & Weismann 3049 Des P1. Lbr. & Coal 3051 Public Sery Co 3053 Bert Sweeney 3055 Wm. El lue t z 3057 Harold Bublitz 3059 Public Sery Co 3061 Union Linen Suply Go 3063 Des Plains Auto Go 3065 Inland Supply Go 3067 Addressograph Co 3069 Gus Loeding 3071 E. seisen 3073 Public Sery Go 105 60.00 5.00 14.04 24.41 1.30 9.00 62.70 2.85 36.60 2.82 6o.00 7.20 3.60 3.23 6.00 25.02 46.34 .72 4.50 9.60 20.57 The motion was made by Alderman Pflugnaupt and seconded by Alderman Lemke 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, Dopneide, Friott, Lemke, Schwanbeck and Campagna. Nays; None. The Mayor triereupon declared the motion carried and the said resolution adopted. APPROVAL OF MINUTES: Each member of the Council having been supplied with a copy of the minutes of the regular Council meeting held March 6, 1939, as well as a copy of the minutes of theAdjourned regular Council meeting held March 13, 1939 the motion was made by Alderman Pf h'ghaupt and seconded by Alderman Lemke 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. 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 car- ried and the Council regularly adjourned. RICH, City Clerk