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03/02/19421 625 MINUTES OF THE REGULAR COUNCIL MEETING HELD IN THE COUNCIL CHAMBERS ON MONDAY, MARCH 2. 1942 CALL TO ORDER: The meeting was called to order by Mayor Charles H. Garland, presiding, with Aldermen Carroll, Johnson, Loos, Dopheide, Kehe, Friott, Lemke and Campagna responding to the roll call. Alderman Pflughaupt arrived later during the meeting while Alderman Schwanbeck was absent during the entire meeting. The Clerk reported eight Aldermen present. REPORTS OF OFFICERS: The Clerk then read the reports for February, 1942 of the following officers: Edgar J. Friedrich, City Clerk Frank F. Scharringhausen, Building Inspector, Arthur Rieck, Electrical Inspector The Mayor ordered the said reports placed on file. PROSPECT FOR PURCHASE OF ORNAMENTAL LIGHT HEADS: The Clerk then read the following letter: Cq VILLAGE OF HINSDALE, STATE OF ILLINOIS February 20, 1942 "t Mr. A. M. Esser Supt. of Streets City of Des Plaines Des Plaines, Illinois Dear Sir: With further reference to your letter of January 6th, and my call on you a few days later with regards to the street light lanterns which your city desires to dispose of. I have been intending to get out to see you again but due to the weather and press of other business have been unable to get there. I am endeavoring to have the Village appropriate enough money in their next years' budget to purchase about 50 of these lanterns. As I told you when I was in Des Plaines, this would be the maximum number in which we would be interested. Trusting this will be satisfactory to you. I am, Very truly yours, VILLAGE OF HINSDALE (Signed) F. W. Martin, Supt. of Utilities The Mayor referred the said letter to the Streets and Sidewalks Committee with instructions to continue its efforts in selling our superfluous ornamental street -light heads. ASK REMOVAL OF PILES ON NORTHWEST HIGHWAY UNDERPASS UNDER S00 LINE TRACKS: The Clerk then read the following letter: DIVISION OF HIGHWAYS Office of the District Engineer February 24, 1942 Mr. Edgar J. Friedrich City Clerk City Hall Des Plaines, Illinois Dear Mr. Friedrich: Receipt is acknowledged of your letter of February 21, 1942 626 (Letter cont'd) in reference to the overpass on the Northwest Highway at the Soo Line and Belt Line Railroad tracks near the Lord and Burnham plant. Please be informed that up to this time we have given no consideration to the elimination of the curves in the highway each side of this over- pass. We realize that the curves are of a sharper radius than we would care to build today, but when this structure was planned, it is my recollection that the curves were about the best that could be worked out under the conditions at the time. We do not realize that these curves are especially hazardous and we have had no reports of accidents of especial significance. Traffic is warned by highways signs of the sharp curvature, and we attempt to keep the curves well sanded during icy weather, so that we hardly feel justified at this time in going to the large expense necessary to flatten these curves. Our present policy is to eliminate grade crossings, and not put our funds into refinements at -points where a separation of grades already exists. Yoursvery truly, (Signed) Kendrich Harger, District Engineer Upon the suggestion of the City Engineer, the Mayor referred this matter to the Committee on Subdivisions, Building, and Municipal Development with instructions to negotiate with the State Highway Department in an attempt to remove the un- sightly timber piling in the said underpass. EMERGENCY WATER CONNECTION WITH PARK RIDGE: The Clerk then read the comprehensive report of the Water Committee, dated March 2, 1942, setting forth complete data with respect to a proposed emergency water connection with the City of Park Ridge, and concluding with the following recommendation: it C0MNDATION Your Committee, therefore, recommends that the Attorney for the City of Des Plaines be instructed to draw up an agreement between the City of Park Ridge and the City of Des Plaines, Illinois for the purchase of water in the case of an emergency; that the agreement be made reciprocal and that the rates for water be 33 cents per thousand gallons for the first 50,000 gallons, 27.5 cents per 1000 gallons for the next 250,000 gallons and 20 cents per thousand for all over 300,000 gallons, based on a three months period. Your committee further recommends that a committee be appointed to purchase the land necessary for the construction of the pumping station and reservoir and tha the sum of w1,000 be appropriated for this purpose." The motion was made by Alderman Lemke and seconded by Loos to concur in this recommendation. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried and the said recommendation concurred in. PUBLIC INSTRUCTION WITH RESPECT ID NEW SAFETY GATES AT TDRTHWEST R. R. CROSSINGS: Mayor Garland then introduced Mr. Morris Houser, chairman of the CitizenIs Committee formed for the purpose of providing safety gates at the Pearson Street, Lee Street and Graceland Avenue crossings of the Chicago and Northwestern Railroad tracks. Mr. Houser pointed out that in order to get maximum effectiveness from this gate installation, which is nearing completion, it is necessary that the public be given definite instructions pertaining to these gates. He requested that the Chief of Police be given special authority to cooperate with the Citizen's Committee in preparing and disemanating such instructions. The motion was made by Alderman Dopheide and seconded by Friott to refer this mater to the Police and License Committee with instructions to order the Citizen's Committee,as requested by Mr. Houser, to have the cooperation of the Chief of Police. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. TO PROTEST RAILROAD FARE RAISE: The Clerk then read the following letters: and Illinois Commerce Commission February 20, 1942 Mr. Edgar J. Friedrich City Clerk, City of Des Plaines City Hall Des Plaines, Illinois Dear Sir: This will acknowledge your letter of February 9, protesting proposed increase of fares on comhrnuterst tickets. The schedules filed by the railroads have been suspended and a hearing will be set, at which time your witnesses may be heard. I have directed your letter to be filed and have asked the Secretary to send you notice of the hearing date. Very truly yours, (Signed) John D. Biggs, Chairman Illinois Commerce Commission February 27, 1942 In the matter of the propose changes in commutation or excursion fares, applicable to Illinois intrastate traffic, stated in Tariffs I1l.C.C. Nos. 1687, 1688, 1689, 1690, 1693, 1694, 1695, 1696, 1697, 1698, 1699, 1700, and 1703 of the Chicago and North Western Railway Company, Charles l:". Thomson, Trustess - To all interested parties: 3040 You are hereby notified that a hearing will be held in the above matter at the office of the Commission at_Chicago, Illinois, 19th Floor, 160 North La Salle Street,'on Wednesday, March 11, 1942, at the hour of 10:00 A.M. Kindly acknowledge receipt of this notice. Very truly yours, ILLINOIS COMMERCE COMMISSION (Signed) Frank M.Kalteux, Secretary The motion was made by Alderman Dopheide and seconded by Friott to refer this matter to the Public Relations Committee with instructions to rep- resent the City before the Illinois Commerce Commission at the said hearing together, with the City Attorney. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. PUBLIC YORK RESERVE PROJECTS: The Clerk then read the following letter: Federal Works Agency PUBLIC WORK RESERVE - State Office Mr. Charles H. Garland City Hall Des Plaines, Il_l_inois Dear Sir: February 28, 1942 628 (Letter contid) We are returning herewith for your files, copies of prospectuses #684-693 inclusive, which have been processed by the state office and sent to tashington. Please accept our thanks for your interest and cooperation in this program. Yours very truly, (Signed) H. B. Anderson Area Planning Engineer Public Work Reserve Mayor Garland ordered the said letter placed on file. REPORT UNFAVORABLE DECISION IN CASE OF YA.LGREEN CO. VS. CITY: The Clerk then read the following letter: MADDEN, MECCIA & MEYER Attorney at Law February 27, 1942 City Council Des Plaines, Illinois Re: Walgreen Co. - vs - City of Des Plaines Gentlemen: In connection with the above case, Judge Bolton, on February 21st gave his decision that he would grant the Walgreen Co. a writ of mandamus for a Class B. Liquor License. The order directing the issuance of a writ of mandamus was entered February 27 th. Judge Bolton, in rendering his -decision, among other things, said "Now I am satisfied from the language that the limitation placed upon the municipalities in this amendment (amendment to State Liquor Law) that was added in 1941 was the limitation of their powers and that they (the cities) cannot now refuse a license unless the reasons fir the refusal of the license are specifically covered by Sections 2, 8, 8A and 21 of Article VI of the Act". If Judge Bolton's decision is the law of this State, then municipal- ities in Illinois are limited in regulating the issuance of licenses to those specific restrictions or prohibitions described in Sections 2, 8, 8A, and 21 of Article VI which sections authorize briefly a municipality to refuse a license if: a. The applicant is not a resident of the city; the applicant is not of good character; or has been convicted of a felony; or does not own the premises or have a lease for the premises sought to be licensed; or is a public official of the city in question. b. When the place sought to be licensed is within one hundred feet of any church, school, or hospital. c. Where the place sought to be licensed is engaged in a business where the majority of the customers are minors and where the principal business transacted consists of school books, lunches and -drinks for such minors. d. Where the place sought to be licensed is a club and does not possess all the qualifications of a club as prescribed by the statute. Therefore, according to the interpretation of the law as rendered by Judge Bolton, the city could not refuse to issue a license within the limit fixed by the city ordinanceeven though the applicant's place of business did not permit a clear view into the premises as is required by Section 20 of Article VI of the statute. (Letter cont'd) It has been the city's contention that Walgreen Co. are not prohibited from getting a license but that Section 5 of our or- dinance specifies certain regulations which must be complied with before the license is issued and the city further contends that the 1941 amendment to the Liquor Law still leaves the city power to pass necessary regulations on the issuance of a license but limits the city's right to prohibit a license to those reasons set forth in Section 2, 8, 8A and 21 of Article VI of the statute. Personally, I believe that the point in question is of such im- portance not only to the City of Des Plaines but other municipalities in the State of Illinois that a decision should be had by a higher court and I await your instructions as to whether an appeal should be taken to the Supreme Court. I do not believe that the costs in connection with the appeal will exceed $200.00. Respectfully submitted, Kenneth G. Meyer, (Signed) City Attorney The motion was made by Alderman Lemke and seconded by Friott to authorize and direct the City Attorney to appeal the said case to the Illinois Supreme Court. The motion was voted upon by acclamation whereupon the Iulayor declared the motion carried. APPROVAL OF BILLS: The Finance Committee through 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 WARRANTS IN PAYMENT OF SAME. 11068 Middle States Tel. Co. 40.37 11070 Frank A. Bremer & Son - 27.90 11072 Des Plaines Publ. Co. 23.80 11074 Arthur Hintz 72.26 11076 Oscar Mapes 25.00 11078 Middle States Tel. Co. 4.40 11080 Koehler Eros. Serv. Sta. 79.40 11082 Middle States Tel. Co. 4.75 11084 Frank Scharringhausen 9.00 11086 Schaefer Service Co. 5.00 11088 Louis Gapinski 312.00 11090 Fred Huebner 9.60 11092 City Clerk's Petty Cash 3.65 11094 R. Milbrandt 53.35 11096 Des Plaines Concrete Prod. 1.65 11098 Fred Huebner 38.40 11100 Arlington Heating & Sheet Metal Co. 5.00 11102 Voided 11104 Tony Collet 55.00 11106 Marblehead Lime Co. 245.25 11108 Elgin Softener Corp. 62.18 11110 Public Service Co. 906.80 11112 Lagerhuasen Lbr. & Coal 10.11 11114 Lagerhausen Lbr. & Coal 10.60 11116 City Clerk's Petty Cash 4.22 11118 James B. Clow & Sons 30.93 11120 Koehler Bros. Serv. Sta. 26.61 11122 G. W. Frederick 2.69 11124 J. J. Kehoe 2.15 11126 James Kinder 35.00 11128 Homer Coffman- 12.00 11130 Edward Ahrens 35.00 11.132 Koehler Eros. Serv. Sta. 6.84 11133 Maringer & Co. 2.40 11135 Middle States Tel. Co. 8.23 11137 Brd. Trust. Police Pens.Fd.222.70 11069 11071 11073 11075 11077 11079 11081 11083 11085 11087 11089 11091 11093 11095 11097 11099 Middle States Tel. Co. Des Plaines Journal Public Service Co. Homer Coffman Des Plaines Journal H. A. Becker H. A. Becker Middle States Tel. Arthur Rieck Maringer & Co. E. W. Rowles Co. Crane Co. Walter L. Dopheide Koehler Bros. Ser. Public Service Co. Koehler Bros. Ser. 55.10 1.75 496.88 55.00 12.02 29.26 40.00 Co. 3.00 7.39 14.40 176.54 11.10 5.00 Sta. 28.61 53.62 Sta. 42.22 11101 Voided 11103 J. J. Burke 13.00 11105 Harrison Kennicott 55.00 11107 E.I.DuPont DeNemours 53.04 11109 -Kohl's Motor Trans. Co. 4.29 11111 Public Service Co. 5.20 1111.3 B.F. Kinder's Sons 6.40 11115 Alfred G. Wille 48.30 11117 Water Leak Detector Co. 115.00 111.19 Middle States Tel. Co. 1.75 11121 F. A. Heidenblut 4.50 11123 J. T. Bentley 2.81 11125 Elmer Jones 3.45 11127 Henry "golf 35.00 11129 Andrew Geisen 35.00 11131 E & J. Resuscit Co. 5.00 11132 Koehler Bros. Serv. Sta. 6.84 11134 Public Service Co. 25.36 11136 Des Plaines Mun. Band 11.30 1I8 Brd. Trust. FirePen.Fd. 4.42 CASH TRANSFERS General Corporate Free Cash $ 1,300.00 629 630 (Cash transfers cont'd) Water Fee Cash $ 700.00 Street Free Cash 250.00 Garbage Hee Cash 250.00 Fire Free Cash 100.00 To transfer to General Corporate Fund from Water, !Street, Garbage, and Fire, Funds said funds' share of the administrative expenses incurred by General Corporate Fund during March, 1942'. Water Revenue Bond Cash 1,548.25 Water Depreciation Cash 50.00 Water Free Cash 1,625.25 To transfer from Water Free Cash the monthly sum stipulated by the Water Revenuer Bond Ordinance for March, 1942. The motion was made by Alderman Carroll and seconded by Lemke to adopt this pro- posed resolution. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Loos, Dophedie, Kehe, Friott, Lemke and Campagna. Nays; None. The Mayor thereupon declared the motion carried and the said resolution adopted. (At this point during the proceedings Alderman Pflughaupt arrived at the meeting.) PASS ORDINANCE AUTHORIZING CUMBERLAND TERRACE SEVER: The Clerk then read for second reading a proposed ordinance entitled: AN ORDINANCE FOR THE IMPROVEMENT OF WOLF ROAD, WARRINGTON ROAD, AND OTHER STREETS WITHIN THE CITY OF DES PLAINES, COUNTY OF COOK, AND STATE OF ILLINOIS, BY FURNISHING AND CONSTRUCTING THEREIN A, CONNECTED SYSTEM OF SANITARY SEWERS AND APPURTENANCES. The motion was made by Alderman Lemke and seconded by Campagna to finally pass and adopt this proposed ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes; ldermen Carroll, Johnson, Loos, Pflughaupt, Dopheide, Kehe, Friott, Lemke and Campagna. Nays; None. The Mayor thereupon declared the motion carried and the said ordinance passed. 1942 TAX LEVY ORDINANCE - FIRST READING: The Clerk then read for first reading a proposed ordinance entitled: AN ORDINANCE PROVIDING FOR THE LEVYING OF AN ASSESSMENT OF TAXES FOR TIIE FISCAL YEAR OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS COMEENCING JANUARY 1, 1942 AND ENDING DECEMBER 31, 1942 Mayor Garland ordered the said proposed ordinance filed for second reading. AMENDING "SIGN ORDINANCE" - FIRST READING: The Clerk then read for first reading a proposed ordinance entitled: AN ORDINANCE ANIEDNING SECTIONS 245, 251, 254 and 255 OF ARTICLE 27 ENTITLED "SIGNS OVER SIDEWALKS" OF THE HhVISED BUILDING CODE OF THE CITY OF DES PLAINES OF 1939. Mayor Garland referred the said proposed ordinance to the Committee on Subdivisions, Building and Municipal Development with instructions to thoroughly discuss the said proposed ordinance with the local business. men's committee. - GRANT TAG -DAA PERMIT: The Clerk then read the following letter: (Letter continued) JUNIOR LEAGUE of the DES PLAINES WOMAN'S CLUB City Council Des Plaines Gentlemen: In accordance with our annual custom, the Des Plaines Woman's Club requests that it ,a Tag Day in behalf of the Baby Clinic of Yie, would like to, hold this Tag Day either Saturday in May, May 2 or 9. March 1, 1942 Junior League of the be allowed to hold this city. the first or the second Sincerely, (Signed) Shirley Spiegler, .Corres. Secretary The motion was made by Alderman Campagna and seconded by Kehe to grant this request. The motion was voted upon by acclamation whereupon the Piayor declared the motion carried and the said request granted. SELL 1942 TAX iNARRA1'iTS: The Finance Committee, through its chair- man Alderman Pflughatyt then submitted the following proposal: SCOTT & WYANDT, Investment Securities February 27, 1942 Mr. Edgar J. Friedrich City Clerk City Hall Des Plaines, Illinois Dear Sir: Supplementing your conversation with Mr. Kunkel, we will pay the City of Des Plaines 100 plus accrued interest, if any, for its 1942 Tax Anticipation Warrants bearing interelat the rate of 2% aa follows: $21,000 Corporate Fund Nos. 1 to 21, 41000 each 6,200 Fire Protection Fund Nos. 1 to 13, 500 each 4,000 Library Fund Nos. 1 to 8, ;500 each $31,500 subject to the following conditions: 1. You are to furnish us with an approving legal opinion of Holland M. Cassidy certifying to the validity of the issuance of the foregoing warrants. 2. Warrants to be numbered and in denominations as above, to be payable to bearer and to be dated, if possible, not more than five (5) days prior to date of delivery. You may consider this bid good for the entire issue as out- lined above, for acceptance by 10:00 A.M., Tuesday, March 13, 1942 and for delivery of the warrants at our office on or before Monday, March 16, 1942 unless another date is mutually agreed upon. Very truly yours, SCOTT & VYANDT , INC. (Signed) By M. W. Scott 631 63' (Sell 1942 Tax Warrants cont'd) The motion was made by Alderman Pflughaupt and seconded by Kehe to accept this pro- posal and instruct the Mayor and City Clerk to execute the same for and in the name of the City of Des Plaines. The motion was voted upon by acclmation whereupon the Mayor declared the motion carried. APPROVAL OF MINUTES: Each member of the Council having been supplied a copy of the minutes of the regular Council meeting held Monday, February 16, 1942 as well as copy of the minutes of the postsponed regular meeting held Tuesday, February 17, 1942, the motion was made by Alderman Pflughaupt and seconded by Carroll that the said minutes be approved. The motion was voted upon by acclamation where- upon the Mayor declared the motion carried and the said minutes approved. REVOKE PERMIT TO DRIVE ACROSS DRIVEWAY: The motion was made by Alderman Loos and seconded by Friott to revoke the temporary permit recently granted the Westfield Homes Inc. to drive across,the parkway and sidewalk at 1044 Lee St. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Loos, Pflughaupt, Kehe, Friott, Lemke, and Campagna. Nays: none (Alderman Dopheide was absent during this roll call.) T he IVlayor thereupon declared the motion carried and the said permit revoked. POSTS IN PARKWAY AT "THE POINT": Alderman Loos called attention to a row of post consisting of 22" or 34 iron pipe, spaced along the parkway on Miner Street in front of "The Point". Mayor Garland referred this matter to the Streets and Sidewalks Committee for study and report. SYNCHRONIZING TRAFFIC LIGHTS WITH NEW R''LROAD SAFETY GATES: E. N. Fletcher, City Engineer then reported that no provisions have been made for synchronizing the stop and go.traffic lights with the new railroad safety gates at the Pearson Street, Lee Street, and Graceland Avenue crossings of the Chicago and Northwestern Ii1road tracks. The motion was made by Alderman Johnson and Seconded by Campagna to instruct the Clerk to write Mr. Noble, signal engineer of the Chicago and Northwestern Railroad, requesting that the Chicago and Northwestern Railroad Co, provide and install such facilities as may be re- quired to provide such synchronized action. The motion was voted upon by acc- clamation whereupon the Mayor declared the motion carried. ADJOURNMENT; The motion was made by Alderman Lemke and seconded by Friott to adjourn. The motion was voted upon by acclmation whereupon the Mayor declared the motion carried and the council regularly adjourned. EDGAR J. FRIEDRICI.i, City Clerk MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS ON MONDAY, MARCH 9, 1942 at 8:00 P.M. CALL TO ORDER: The meeting was called to order by Mayor Charles H. Garland, presiding, with Aldermen Carroll, Pflughaupt, Loos, Kehe, Friott, Lemke, and Schwanbeck responding totheroll call. (Aldermen Johnson and Campagna were absent during the entire meeting). Alderman Dopheide arrived later during the meeting. The clerk reported seven,Aldermen present. READING OF THE CALL FOR THE SPECIAL MEETING: The Clerk then read, the following call for this special meeting as well as the Waiver of Notice signed by the Mayor and all of the Aldermen: March 7, 1942 To the Members of the City Council of the City of Des Plaines, Illinois Gentlemen: You are hereby notified that upon order of Mayor Garland H. Garland, there will be a special meeting of the City Council of the City of Des Plaines at 8:00 P.M. Monday, March 9, 1942, in the Council Chambers for the purpose of passing the 1942 TAX LEVY ORDINANCE and authorizing the issuance of 1942 TAX WARRANTS. Please be on hand promptly at 8:00 P.M. in order that the business at hand may be dispensed with with dispatch. (Signed) Edgar J. Friedrich, City Clerk