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05/01/1939MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAI ES HELD IN THE COUNCIL CLAMBERS ON THE lst DAY OF MAY, 1939 AT THE HOUR OF 8:00 P.M. CALL TO ORDER: The meeting was called to order by Mayor Hobart M. Ahbe, with Aldermen Carroll, Johnson, t[enrich, Pflughaupt, Dopheide, Lemke, Friott, Campagna and Schwanbeck responding to the roll call. The Clerk pro tem reported all members of the Council present. REPORTS OF OFFICERS: The Clerk pro tem then presented the following reports for the calendar month of April, 1939; The report of Pearl Koelling, City Clerk pro tem The report of Chas. M. Larson, City Treasurer COMMITTEM REPORTS: The following committees had no reports to offer: Water Fire Buildings & Plats Sewer & Drainage Streets & Sidewalks Band Police & License Judiciary & Assessment The amity Engineer and Building Inspector had no reports to offer. SALE OF RIVERVIEW VILLAGE HALL: The Clerk pro tem then read the following letter: City Council Municipal Building Des Plaines, Illinois Gentlemen: MADDEN, MEC C IA & MEYER Attorneys at Law Chicago April 26, 1939 In re: Sale of Riverview Village Hall Property In connection with the contemplated sale of the prop- erty known as the Riverview Village Hall property, i wish to advise that the law requires the following steps to be taken in order to make a legal sale: 1. The Council must pass an ordinance directing that the land be sold; 2. Notice of the sale must be published once each week for three successive weeks and the first publication date must not be less than 30 days prior to the day provided in said notice for the opening of bids; 3. Bids must be opened at a regular council meeting; 4. A bid before it can be accepted must receive a favorable vote of three-fourths of the City Council. 1 presume that the purchaser of this property will want a guarantee policy issued by the Chicago Title and ]'rust Company and it is customary for the seller to furnish such guarantee policy showing title in the seller. In view of the fact that the City does not possess an abstract or guarantee policy to the property in question, a $1,000.00 policy is estimated by the Chicago Title and Trust Company to cost $84.00 plus the cost of showing any tax items. There is attached hereto a .form of ordinance to be passed for the sale of the -property and a form of not ice to be published once each week for three successive weeks in a news- paper published in Des Plaines. 128 i take the liberty of drawing to your attention that in June, 1938, the proposition of selling the Riverview Village Hall exclusive of land was before the City Council, and at that time it was deemed advisable not to sell the land in question for the reason that said property very likely could be used at sometime in the future by the City as a fire station or sub -police station, and by retaining the property the City would avoid the necessity of paying a possible ex- `cessive price at such later date when the City would be in need of an extra fire station or bub -police station. rtespectfully, submitted, Signed: KENNETH G. MEYER, City Attorney also a proposed ordinance for first reading entitled: AN ORDINANCE AUTHORIZING THE SALE OF THE PROPERTY COMMONLY KNOWN AS THE "RIVERVIEW VILLAGE HALL" The motion was made by Alderman Campagna and seconded by Alderman Johnson to refer this matter to the Buildings and Plats Committee. The motion was voted upon by acclamation whereupon ttie mayor declared the motion carried. L. BENNETT REPORT: :the Clerk pro tem then read the following letter: L. M NNETT Real Estate and .insurance 706 Center St. May 1, 1939 Board of Aldermen City Hall Des Plaines, illinois Gentlemen: Pursuant to your request of April 25th, i have examined the premises known as the rtiverview Village Rall, and submit herewith my report on the same. Bdilding: Normal depreciation, plus present use, practically wipes out any value building might have. First floor is being used for storage of concrete blocks and bags of cement, which has caused the floor to sag at south end. Supporting beams to second floor have sagged sufficiently to cause serious sinking of second floor. rick foundation is in bad condition. Windows out on second floor, and all satl,in bad condition. Doors in bad condition. No plumbing or electric fixtures to salvage. kroblematical whether wreckers would remove the building without cost to the City. Value of land: 25 foot corner $10.00 per foot 25 feet adjoining, 83.00 per foot inside, $7.00 per foot 'total, 100 feet, 46800.00 Respectfully submitted, Signed: L. BENNETT The Mayor ordered this letter placed on file. 129 APPROVAL OF BILLS: ihe Finance Committee through its Chairman Alderman Pflughaupt then introduced the following pro- posed 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 THE SAME. 3324 Dee Plaines Pub. Go. 3326 Mildred W. Leis 3328 Hazel B. Froehlicher 3330 Inez K. James 3332 Alta Currie 3334 Florence Bollan 3336 Helen S. Lewerenz 3338 Frieda M. Edgren 3340 i adelyn. Behrel 3342 Edith H. Kinder 3344 Mrs. W.A. Fuchssteiner 3346 John Lewis 3348 Thelma Johnston 3350 Mrs. K. Carlson 3352 Fred G. Selig 3354 G. Jonas 3356 Bertha Blossom 3358 Anna Snul t z 3360 Des Pl. Motor Sales 3362 Am. Legion home 3364 Joe Dettlo 3366 E. Butenschoen 3368 A. Kennicott 3370 Des Plaines Lbr & Goal 36.00 3372 Des Plaines & Goal 45.02 3374 Albert hitter 60.00 3376 Frank Scharringhausen 257.25 3378 Bd. of trustees FPF d.41 3380 Bert Sweeney 37.50 3382 Krema Truck Co. Inc. .75 11.50 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00. 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 50.00 3325 Vincent Connor 6.00 3327 Marie H. Becker 6.00 3329 Grace G. Heifers 6.00 3331 Gertrude Smith 6.00 3333 Wanda Kretlow 6.00 3335 Isabel Longley 6.00 3337 Elizabeth W. Dunn 6.00 3339 Arthur tteok 6.00 3341 Mrs. A.B. Hodgson 6.00• 3343 Mrs. Chas. Hausner 6.00 3345 Fritz Wettin 6.00 3347 Aleo Karr 6.00 3349 Grace Wakefield 6.00 3351 tars. Frieda Shepard 6.00 3353 Florence J. Braun 6.00 3355 Paul L. Esser 6.00 3357 Daisy DuRard 6.00 3359 Margaret Nancarrow 6.00 3361 Harlow Coxe 6.00 3363 W.L. Plew & Co 6.00 3365 Mrs. H. Wiborg 6.00 3367 Harry E. Kruse 2.00 3369 Wm. rtadlein 45.90 3371 Ben Ofenlock 180.00 3373 Bert Sweeney 10.00 3375 Pure Oil Prod Go 13.14- 3377 3.143377 Bd.of Trustees PPF 122.51 3379 Fred Kaufman 50.40 3381 Ray Svans 3.60 3383 Economy Plumb.& Heat .207.58 .Qhe motion was made by Alderman Pflughaupt and aeoonded by Alderman Carroll to adopt this proposed resolution. The Mayor put tne'question and the Clerk pro tem called the roll with the follcbwing result; Ayes; Aldermen Carroll, Johnson, ilenrieh, rflughaupt, Dopheide, Lemke, Friott, Campagna and Schwanbeck. Nays:- None. ays;None. 1'he Mayor thereupon declared the motion carried and the resolution adopted. ADJOURNMENT SINE DIE: The motion was then made. by Alderman Pflughau tt and seconded by Alderman Schwanbeck that the Council adjourn sine die. The motion was voted upon by acclamation where- upon mayor Ahbe declared the motion carried and the Council adjourn- ed sine die. NOTE: Immediately following the adjournment, retiring aldermen Pflughaupt, as well as Alderman Campagna and Carroll were given an opportunity to say a few words. Judge A.L. Sengstock then publicly administered the oatn of office of the respective newly elected and re-elected Aldermen, after which the retiring Alderman yielded his place to the new Alderman. GALL TO ORDER: NEW COUNCIL. The new Council was called to order by mayor Hobart M. Ahbe with Aldermen Carroll, Johnson, Aenrich, Loos,..Donheide, Carlson, Lemke, Friott, Campagna and Schwanbeck responding to the roll call. The Glerk pro tem reported all members of the Council present. 130 NOTE: Following this call to order remarks were made by Y. Loos, C. Carlson, h.E. Yriott, Theo. Schwanbeck, J. Carroll, Falter Dopheide and ex Alderman Garland. AMENDING SALARY ORDINANCE: rhe Clerk pro tem then read the following ordinance for first reading: AN ORDINANCE AMENDING AN ORDINANCE FIXING AND ESTABLISHING THE SALARIES OF CITY OFFICIALS AND EMPLOYEES. BE IT ORDAINED by the City Council of the City of Des rlaine s, Cook,Gounty, Illinois: Section 1. That an ordinance entitled *An Ordinance fixing and establishing the salaries of City officials and employees"' be and the same is hereby amended by increasing the salary of the Lieutenant of the Fire Department from $145.00 per month to $155.00 per month; Section 2:. All ordinances or parts of ordinances in conflict lerewith are hereby repealed; Section 1. This Ordinance shall take effect from and after its passage and approval according to law. PASSED This day of may, 1939. City Clerk AP',ROVED This day of May, 1939 Mayor The motion was made by Alderman Johnson and seconded by Alderman rienrich to suspend the rules and place this proposed ordinance upon its final passage. The Mayor put the question a on the motion and the Clerk pro tem called the roil with the following result: Ayes; Aldermen Carroll, Johnson, tienrich Loos, Dopheide, uarlson, Lemke, Friott, Campagna and Schwanbeck. Nays; None. The Mayor then declared the motion carried and the proposed ordinance before the council for final disposition. The motion was then made, by Alderman . ohn,son and seconded by Alderman tienrich 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, iienrich, Loos, Dopheide, uarlson, Lemke, Friott, Cam- pagna and Schwanbeck. Nays; None. The Mayor thereupon declared the motion carried and the said ordinance passed as read. FRIEDRICH vs CITY OF DES PLAINES: The Clerk pro tem then read the following letter: MADDEN, MECCIA & MEYER Attorneys At Law Chicago April 13, 1939 City Council Municipal .Building Des i'laines, Illinois in re: Friedrich vs. City of Des Plaines Gentlemen: Please be advised in connection with the above cause that the matter came on for a nearing before the court, April 12. 1 131 The defense in this case was that part of the plaintiff's complaint was barred by the Statute of Limitations, inasmuch as the amounts claimed to be due accrued more than five years before the suit was filed. AS to the balance of the plain- tiff's claim, the defense of the City was that the plaintiff was estopped from suing the City now for the reason that he acquiesced in the reduction in salary. Judge Fischer sustained the City's contention with respect to the defense of the Statute of Limitations and refused to allow mr. Friedrich's claim for the years 1932 and 1933. The Judge, howdver, allowed Mr. Friedrich's claims for the year's 1934 to 1937, both inclusive, under the theory that an elected municipal official cannot be stopped from suing for salary, even if such official consents to such re- duction in writing. rhe ruling of the court is in keeping with Supreme Court cases involving suits by judges for salaries claimed to be due them b'y reason of a voluntary reduction. in this cause, Mr. Friedrich sued for $1,800.00 plus interest thereon. The court denied the right to interest and entered judgment in favor of Mr. Friedrich as of April 12 for $1,200.00. A copy of the order is attached hereto. Very truly yours, Signed : iiENNETH G. MEYER, City Attorney mayor Ahbe ordered this letter placed on file. DAYLIGHT SAVING TIME: The. Clerk pro tem then read the following proposed ordinance for first reading: AN ORDINANCE ESTABLISHING "DAYLIGHT SAVING TIME" AS THE OFFICIAL TIME WITHIN - THE CITY OF DES PLAINES 13E IT ORDAINED by the city Council of the City of Des Plaines, Cook County, Illinois: Section 1. That from and after 2:00 A.M. on April 30, 1939, and until September 24, 1939, Eastern Standard Time shall be the official time within the city of Des Plaines, Illinois, for the transaction of all city business. All legal- or official proceedings of the City` Council and all official business of the City shall be regulated as to time in accor- dance with the provisions of this trdinance, and when by or- dinance, resolution or action of any municipal officer or body, an act must be performed at or within a prescribed time, it shall be performed according to the official time as herein prescribed. Section 2. ihis ordinance shall be in effect from and after its passage, and approval according to law. Ayes: Nays: PASSED this day of may, 1939. City Clerk APPROVED this day of may, 1939. Mayor The motion was made by Alderman Carroll and seconded by Alderman Lemke to suspend the rules and place .this proposed ordinance upon its final passage. The motion was voted upon by acclamation *hereupon the Mayor declared the motion carried and the proposed ordinance before the council for final dispo- sition. 132 The motion was then made by Alderman Schwanbeck and seconded by Alderman rienrich to finally pass and adopt this proposed ordinance. The motion was voted upon by acclamation Whereupon the *ayor declared the motion carried and the said ordinance passed. 1939 TAX ANTICIPATION WARRANTS: The Clerk pro tem ,read the following proposed ordinance for first reading: ORDINANCE providing for the issuance of 1939 Tax Antici- pation Warrants of the City of Des rlaines, fn Cook County, Illinois. The motion was made by Alderman Carroll and seconded by Alderman Henrich to suspend the rules and place this pro- posed ordinance upon its final passage. The motion was voted upon by acolamation-whereupon the mayor declared the motion carried-, the rules suspended and the proposed ordinance before tire: Council fox final disposition.. 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 pro tem called the roll' with the following result: Ayes; Aldermen Carroll,. Johnson, nenrich, Loos, Dopheide, Carlson, Lemke, Friott, Campagna and Schwanbeck. Nays;, None. The Mayor thereupon declared the motion carried and the ordinance finally passed. Mayor Ahbe then approved the said ordinance by his signature which was attested by .'earl Knelling, City Clerk pro tem, who also impressed the corporate seal of the City upon the documents. DESIGNATING DEPOSITORIES: The Clerk pro tem then read the following reso-lution: rtES GLUT I 0 N WHEREAS , the following designated Banks have furnished the City Council , City of Des rlaines, Illinois wits copies of Lank statements as furnished to the Comptroller of Currency and the Auditor of Publie Accouris as of 3/29/39: FIRST NATIONAL BANK OF DES PLAINES ILLINOIS THE NORTHERN 'TRUST COTV'PANY OF CH ICAGO, ILLINOIS RR IT RESOLVED, after consideration of these statements, the Banks be continued as the Depositories for the Funds of CHAS. M. LARSON, City Treasurer of the city of Des Plaines, Illinois. The above is a correct copy of Resolution passed at a meeting held on the day of A.D. 199. City Clerk may or The motion was made by Alderman Carroll and seconded by Alderman Schwanbeck to adopt this proposed resolztion. The motion was voted upon by acclamation whereupon the Mayor de- clared the motion carried and the resolution adopted. WPA RECREATE PROJECT EXHIBIT: The Clerk pro tem then read the following letter: Des Plaines, Illinois April 28, 1939 Des Plaines City Council Des Plaines, Illinois Dear Sirs: 133 The Des Plaines WPA Recreation Project is making plans for a program to be given in the latter part of gay. This program will consist of dancing, accordion, piano and vocal numbers by memters of the various recreational classes. There will also be a handicraft display(ef-tA4e pre;raa) showing the work done by children and adults during the past months. The purpose of this program is to serve as a finale for our winter activities. We are writing to you to ask your permission for the use of the Council Room for this event. We prefer the evening of Friday, May 19th. If the room is not available for that date, any evening during the next week, with the exception of Friday, C4 May 26th, will be satisfactory. We have our own janitor and the room will be cleaned and swept immediately afterward. We have used the room on a previous occasion when we staged our Christmas play. we will be very grateful to you for rendering us this favor. Will you kindly inform us of your decision immediately so we can plan accordingly. Sincerely yours, Signed: HELEN FORAN, Recre,,t ion Leader The motion was made by Alderman Uampagna and seconded by Alderman Lemke to grant this request for use of the Council Chambers on the evening of May 19, 1939. The motion was voted upon by acclamation whereupon the Mayor declared tree motion carried and request granted. PROTEST AGAINST LIQUOR STORES: The Clerk pro tem then read t:ne following letter: April 23, 1939 The City Council Des Plaines, Illinois Dear Sirs: We were very much disappointed when we heard that the Council had lifted the liquor license limit here in Des Plaines from fifteen to sixteen liquor stores. Our group has studied the liquor situation of our City at several of its meetings, and we feel that the liquor stores and taverns are a direct hindrance to tae growth, happiness and prosperity of Des Plaines. We will be glad to support any action which the Council might make toward the abolition of these establish- ments. Sincerely, Young People's Society First Congregational Church Des Plaines, illirois David field, president mayor Ahbe ordered this letter placed on file. 134 CUNITY NURSE'S SORT: The Clerk pro tem then in- formed the members of the Council that the community nurse has submitted her report for the Month of April, 1939. Said report is on file in the City Clerk's office and is available for in- spection. J. BQECKENHAUER'S COUNSELOR: At this time a request was put before the Council to allow Ar. Joan Boeckenhauer's attorney to review riis case against the City of Des Plaines. The motion was made by Alderman Henrich and seconded by Aldetman.Lemke to grant this request. The motion was voted upon by acclamation whereupon the mayor declared the motion carried and the request granted. Following the presentation of Mr. Boeckenhauer's case, the motion was made by Alderman Dopheide and seconded by Alderman Carlson to refer this matter to the Council as a committee-of-the-wnole.he motion was voted upon by acclamation whereupon the mayor declared the motion carried. MAYOR'S APPOINTTTS: mayor Abbe then announced the following appointments: Committee Members Water Lemke, Schwanbeck, Henrieh Finance Johnson, Carroll, Carlson --- Bldgs Plats Loos, Lemke, Dopheide Fire Dopheide, Lemke, Johnson Streets Sds Schwanbeck, Campagna, Friott 2olice Carroll, Friott, Campagna — Judiciary Carlson, Johnson, Carroll -- Sewer Campagna, Loos,Schwanbeck Band nenrich, Bennett, Winkelman, Spiegler, Wettin APPROVAL OF 'MINUTES: Each member of the Council having at hand a copy of the minutes of the Adjourned Council meeting of April 24, 1939, the motion was made by Alderman Dopheide and seconded by Alderman Lemke to approved the said minutes as written. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the said minutes approved. ADJOURNFNT: iae motion was made by Alderman Lemke and seconded by Alderman l'riot t to adjourn. the motion was voted upon by acclamation whereupon the mayor declared the motion carried and the Council regularly adjourned. PEARL KOELLING, City Clerk p tem