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01/16/1939MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ,DES PLAIN 7S HELD IN THE COUN- CIL CHAMBERS ON MONDAY, JANUARY 16, 1939 AT THE HOUR OF 8:00 P.M. CALL TO ORDER: the meeting was called to order by Mayor Hobart M. Ahbe, presiding, with Aldermen Carroll, Johnson, Pflughaupt, Henrich, Garland, Dopheide, Friott, Lemke, Schwan- beck, and Campagna responding to the roll call. The Clerk re- ported all members of the Uouncil present. THE JUDICIARY & ASSESSMENT COMMITTEE had no report to offer. THE POLICE & LICENSE COIuMMITTEE had no report to offer. THE STREETS & SIDEWALKS COMMITTEE had no report to offer. THE COMMITTEE ON PUBLIC WORKS, BUILDINGS, & PLATS, through its chairman Alderman Campagna reported that satisfac- Ctrt tory progress is being made in soundproofing the police head- 0-4 quarters for the new -two-way police radio. d Q THE SEWER, DRAINAGE & SANITATION COMMITTEE, through ,its chairman Alderman Dopheide reported several flooded base- ments in business houses along the south side of Ellinwood Street near Center Street. tie further reported that the flooding was caused by a clogged sewer as the result of a vegetable washing business, and suggested that such business be regulated by li- cense. THE WATER COMMITTEE, through its chairman Alderman Lemke reported the efficient and speedy repairing of a break in a water main a few days ago. THE FIRE COMMITTEE, through its chairman Alderman Garland reported that the Fire Department has made a total of 98 fire calls during 1938; 72 within the city limits and 26 beyond the city limits. He suggested that some arrangement be made by which property outside of the city limits desiring fire protection from our Fire Department can be made to pay for such fire protection. THE BAND COMMITTEE had no report to offer. THE CITY ATTORNEY, Kenneth G. Meyer, then reported that the case of Boeckenhauer vs the City of Des Plaines is now on trial. The Clerk then read the following letter: MADDEN, MECCIA & MEYER Attorneys at Law Chicago 1/13/39 City Council City of Des Plaines, 111. In re: Maloney vs. City of Des Plaines Gentlemen: Please be advised that on the trial of the above case yesterday, Judge Allegretti entered a judgment against the City and in favor of Mr. . Maloney for 42,593.20. This case involves many complicated questions of law upon which there seems to be considerable disagreement among the decisions of the Appellate Court and 1 firmly feel that the decision rendered by Judge Allegretti is contrary to the law and 1 would recommend an appeal to tine Appellate Court. the City would incur no additional attorney's fees if this case is appealed, but would have to expend possibly $100.00 or 4150.00 for costs in connection with the appeal. Should you decide to appeal the judgment in question 1 should like your decision 56 promptly as there is a great volume of work to be done in preparing a case to the Appellate Court. Awaiting your advice in the matter, am, Very truly yours, Signed: KENNETH G. MEYER, City Attorney The motion was made by Alderman Renrich and seconded by Alderman Campagna to concur in the recommendation contained in the aforesaid letter. The motion was voted upon by accla- mation whereupon the Mayor declared the motion carried. The Clerk then read the following letter: MADDEN, MRCCIA & MEYER Attorneys At Law Chicago 1/13/39 City Council City of Des Plaines, ill. In re: Cit of Des Plaines vs. Bless Lambrecht Creamery Co.) Gentlemen: The above case involved tne prosecution of a driver for the Lambrecht Creamery Company for violating an ordinance of the City of Des Plaines with respect to peddling. his case was tried before Judge Tone of Park Ridge, Illinois, and i have just received a report from him that he discharged tree defendant. Very truly yours, Signed: KENNETH G. MEYER, City Attorney This letter was also ordered placed on file by the Mayor. THE BUILDING INSPECTOR, Frank F. Scharringhausen, re- ported briefly that Des Plaines is, maintaining good average building progress as compared with neighboring municipalities. SOUND TRUCK - JEHOVAH'S WITNESSES: Mayor Ahbe then introduced Mr. George H. Lenz representing the Chicago North Unit of Jehovah's Witnesses. 'rhe Clerk read the following letter addressed to the said organization: CITY OF DES PLAINES Des Plaines Illinois Chicago North Unit of Jehovah's Witnesses 3137 Irving Park Road Chicago, Illinois At ten: 1/6/39 . Georfre h. Lenz Gentlemen: In its regular meeting held January 3, 1939 the City Council of the City of Des Plaines ordered me to write you in- forming you that any and all permits granted to your organiza- tion permitting you to pperate a sound truck upon the streets and alleys of the City of Des Plaines have been recinded. Inasmuch as your permits have been recinded you will please refrain from operating the said truck upon the streets of tne said L.ity of Des Plaines. I might also add that tne members of the Council feel that your organization went far beyond the provisions of the permit granted you. Very truly yours, Signed: EDGAR T. FRIEDRICH, City Clerk 57 By general and unanimous consent, the Mayor permit- ted Mr. Lenz to address the council. Mr. Lenz charged the City with denying the members of Jehovah's Witnesses their constitutional rights by refusing to grant them a permit to parade and to circularize the city with literature. Mr. . Lenz asked permission to play a phonograpri record. the motion was made by Alderman Garland and seconded by Alderman Oarroll to grant Mr. Lenz the privilege of play- ing his record. the Mayor put the question and tae Clerk cal- led tae roll with the following result: Ayes; Aldermen Car- roll, Pflughaupt, nenrich, Garland, Dopheide, and Campagna. Nays; Aldermem Johnson, Friott, Lemke and Schwanbeck. The Mayor thereupon declared the motion carried, whereupon the record was played. The motion was then made by Alderman Dopheide and seconded by Alderman Lemke to deny "Jehovah's Witnesses" the privilege of using the streets for operating a sound truck, for displaying placards or for holding parades. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. RAILROAD FLAGMEN OPERATING TRAFFIC SIGNALS: The Clerk then read the following letter: CHICAGO & NORTH WESTERN RAILWAY COMPANY 400 west Madison St. Chicago 1/7/39 City of Des Plaines Cook Jounty, Illinois Atten: E.J. Friedrich, City Clerk Gentlemen: in re: Des Plaines, Illinois, Manual Control of Traffic Signals at River Road and Lee Street Please refer to your letter of November 15th, re- garding the above subject. Our Law Department returned to us your proposed agreement with ,the following comments: They cannot approve the agreement submitted by the city as the liability clause in this agreement does not protect the Railway Company. Tile agreement which was submitted by tine Railway Company to the City in September, 1938, was prepared after several conferendes with .gar. renneth G. Meyer, City Attor- ney for Des Plaines, andtthe liability clause in that agree- ment is one which is fair to the Railway Company as well as to the City. The caange in recitals are of minor importance and they do not care to rewrite the agreement merely to change the recitals. Will you please reconsider the agreement submitted by the Railway Company to the City in September, 1938, and advise. 1 am returning the original of your proposed agree- ment with this letter. Yours truly, uigned: S.E. NOBLE, Signal Engineer The motion was made by Alderman Dopheide and secon- ded by Alderman Garland to instruct the Clerk to write the Chicago and -North Western Railroad expressing the Council's disappointment at the Railroad's rejection of the revised agreement and requesting further negotiations for tae purpose of arriving at some equitable agreement. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. 5. TOWNSHIP MAINTAINING HOWARD A7ENUE: The Clerk then read the following letter: Office of T'OWNSH CLERK Town of Maines Edgar J. Friedrich, Gity Clerk Des Plaines, Illinois Dear Sir: 1/10/39 Referring to your letter and resolution dated November 10, 1938 in regards to maintaining Howard Street west of Lee, Street. Resolved by the Board of Auditors of the Town of Maine upon motion by Chas. Forberg and seconded by H.A. Alexander that when we receive a complete dedication of said street the Board will take further action. Yours truly, Signed: WI. R. TkGTMEIER, Township Clerk mayor Ahbe ordered this letter placed on file. FIRST WARD CIVIC OEUB - SKATING, ETC: ahe Clerk then read the following letter: FIRST WARD CIVIC CLUB Des t'la ine s, ill. 1/12/39 Members of the Uity Council: I have been requested to write a letter for the First Ward Civic Club to find out wily the children of the First Ward can't have a place to use the new skates that they got for Christmas. Will you, therefore, please see if it couldn't be arranged to have a pond flooded as soon as it is cold enough. The club would also like to know why the people of the First Ward can't have cinders put on the streets at the stop signs when the streets are icy. (ane ( of the club members would like to know if the city would take care of trimming some trees on Willow Street, or if they are allowed to do so themselves. Will the members of the council please advise the committee that will be present as to .what can be done about these things. 'thanking you, Signed: E.BEHRENS, Secretary The motion was made by Alderman Dopheide and seconded by Alderman Garland to authorize the mayor to appoint a committee to meet with the Board of the Des Plaines i'ark District in an attempt to provide facilities for skating, by flooding various low areas within the city limits. The motion was voted upon by acclamation whereupon the mayor declared the motion carried. mayor Ahbe then appointed Aldermen Dopheide, Lemke and Garland, together with the Fire Marshall, Walter Lagerhausen, as members of the said committee. 'the motion was made by Alderman Johnson and seconded by Alderman Garland to refer the aforesaid letter to the Aldermen representing the First Ward. ihe motion was voted upon by accla- mation *hereupon the Mayor declared the motion carried. letter: SMOKE NUISANCE: the Clerk then read the following DES PLAINES BUSINESS MN'S ASS'N. 1490 Miner Street Des Plaines,111. 1/11/39 To the Honorable mayor & City Council City of Des rlaines, Lity :call, Des elaines, Illinois Gentlemen: The Directors of our organization had a recent meeting, at which they discussed the fact that the local Chicago & Northwestern R.R. depot belches forth smoke and soot which is directed into tine business houses along either side of the streets, causing considerable damage to the goods of the merchants and inconveniencing the customers. 1 nave been directed to send you a letter calling your attention to the fact tnat tnere is a smoke ordinance on the books and this seems a direct violation. C4 >rt-. Y -our prompt attention to this matter will be appreciated by all local merchants. d Very truly yours, DES PLAINES BUSINESS MEN'S ASS'N. Signed: M.S. SMITH, Secretary lne motion was made by Alderman Garland and second- ed by Alderman Lemke to refer this matter to the rolice De- partment. the motion was voted upon by acclamation whereupon the mayor declared the motion carried. POLICE PENSION FUND REPORT: The Clerk then read the following report: Board of Trustees POLICE PENSION FUND Des -Plaines Illinois To tile, lion. mayor and City Council City of Des Plaines, ill. 1/16/39 Dear Sirs: Herewith annual report of the Board of Trustees of the Police rension Fund, Oity of Des Plaines, Illinois, for the year ending December 31, 1938. Net worth as of December 31, 1938 RECEIPTS 10 % all Business Licenses $ 890.40 75 7 " Dog Licenses 627.76 10 % " Ordinance .Fines 263.80 1 " Police Uffice,rs Salaries 203.70 Tax Collection 1935, 1936 and 1937 7.12 interest on Bonds -Net 116.66 Less office supplies & disability claims Total ASSETS 2 - 11000.00 r ar 7alue Des rlaines rark District Bonds Nos: 20 & 21 42000.00 5 - 11000.00 Des rlaines Fire Equip't. Bonds No's. 6,7,8,9,10 5000.00 Cnas in Lank 1st Nat'l. 1470.10 Due from City December Collections . Total net inath as of Dec. 31, 193 Signed: A.D. PLENTGE, Secsetary $6451.97 2 0•.44 2' :$. 03.49 38503.49 60 Mayor Ahbe ordered this report placed on file. CENSATION INSURANCE FOR POLICE: The motion wa s made by Alderman Dopheide and seconded by Alderman Garland to instruct the Clerk to order the Des Plaines xealty Company to add to the general compensation policy covering city em- ployees a rider covering all members of the Police Department. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. VOTE OF THANKS TO VICTOR L. SPIEGLER: Alderman Garland, chairman of the Fire Committee then informed the Council that Victor L. Spiegler who has faithfully served as secretary of the Des Plaines Volunteer Fire Department has voluntarily retired from that office, but is contin- uing his membership in the department. The motion was then made by Alderman Garland and seconded by Alderman nenrich to extend to "Vic" Spiegler a rising vote of thanks as an expression of gratitude for his many years of faithful service as secretary of the Des Plaines Volunteer Fire Department. The motion was voted upon by a rising vote whereupon the Mayor declared the motion unanimously carried. HAZARD AT MANHEIM ROAD AND PROSPECT AVENUE: Alderman Campagna then introduced Mr. Herman Landahl of the Board of Education of School District No. 65, who requested that the City provide better crossing protection for school children at the intersection of Manheim road and Prospect Avenue. After some discussion the motion was made by Alderman Campagna and secon- ded by Alderman Carroll to refer this matter to the Des Plaines Safety Council and the Board of School District No. 65. The motion was voted upon by acclamation whereupon the Mayor de- clared the motion carried. TRAFFIC PROBLEM AT LEE & MINER STREETS: Alderman Dopheide expressed the opinion that a few changes in the arrangement of the "Stop and Go" traffic control system at the intersection of Lee Street and Miner Street would elim- inate existing hazards at that intersection. The motion was made by Alderman Dopheide and seconded by Alderman Garland to refer this problem jointly to the Streets & Sidewalks Committee, the Safety Council, the State Highway Department, and the City Engineer. The motion was voted upon by accla- mation whereupon the mayor declared the motion carried. PASSAGE OF BUILDING CGDE: nenneth G. Meyer, Lity Attorney, then presented the final draft of a proposed or- dinance the second reading of which was completed in the regular Council meeting held January 3, 1939 entitled: REVISED BUILDING CODE of the CITY QF DES PLAI NES of 1939 The motion was made by Alderman Garland and seconded by Alderman Dopheide to finally pass and adopt this proposed ordinance as read. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, rflughaupt, nenrich, Garland, Dopheide, Friott, Lemke, Schwanbeck and Campagna. hays; None. The Mayor thereupon dedlared the motion carried and the said or- dinance passed. he motion was made by Alderman Garland and seconded by Alderman Dopheide to refer the matter of printing this or- dinance to the Fire Committee together with the Committee on Public Works, Buildings, and flats with instructions to solicit bids for publishing the said ordinance in book form, and to submit its recommendations to the Council. The motion was voted upon by acclamation thereupon the Mayor declared the motion carried. FIRE ORDINANCE - FIRST READING: The Clerk then read for first reading a proposed ordinance entitled: AN ORDINANCE PROVIDINCr FOR FIRE PREVENTION AND PROTECTION. The Mayor ordered this proposed ordinance filed for second reading. APPROVAL OF BILLS: The Finance Committee through its chairman Alderman Pflughaupt introduced the following proposed resolution: RESOLVED THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO ISSUE PROPER VOUCH1R WARRANTS IN PAYI EENT OF THE SAME. The following bills are applicable to 1938 Budget. 2606 Middle States Tel 31.25 2607 Middle States Tel 17.80 2608 Middle States Tel 42.35 2609 Johnson's Elec Shop 7.09 2610 Des Plaines Cafe 2.90 2611 Des, P1. Mtr. Sales 10.77 2612 Nielsen Studio 19.57 2613 Middle States Tel 7.50 2614 Mrs. L. Willer 25.00 2615 Mrs. L. Willer 5.40 2616 Middle States Tel 3.00 2617 Pure Oil Prod. Go 33.48 2618Omega Machin Go 1.39 2619 Middle States Tel 16.00 2620 Des P1. Mere Co 4.74 2621 Bi -Lateral Fire Hose 3.00 2622 inland Supply Co 50.23 2623 J.A.M. ttobinson 154.09 2624 Kenneth G. Meyer 56.53 2625 Middle States Tel 6.63 2626 Amer.LaFr. & Fmte 3.08 2627 W..Darley & Co 5.66 2628 Geisen Sery Sta 1.44 2629 Clark Sery Sta 45.83 2630 Middle States lel 3.75 2631 W. Mahler 1.50 2632 Middle States Tel 6.90 26 Hay A. Brennan Go 14'3.40 2634 E.N. Fletcher 140.00 2666 Blenkle coal & Mat'l 100.00 The following wages are applicable to 1939 Budget: 2667 M . Radlein 45.90 2668 A. Kennicott 50.00 2669 Albert flitter 55.00 2670 Fred Kaufman 36.00 2671 Bert Sweeney 55.00 2672 U.S. Postmaster 25.09 2673 Fred Tegtmeieri 3.15 2674 Edward Geisen 76.80 The motion was made by Alderman Pflughaupt and seconded by Alderman Carroll to adopt this proposed resolution. The Mayor put the question and the Clerk called the roll with the following result: Ayes Aldermen Carroll, Johnson, Yflughaupt, Henrich, Garland, Dopheide, Friott, Lemke, Schwanbeck and Cam- pagna. Nays; None. the mayor thereupon declared the motion carried and the resolution adopted. APPROVAL OF MINUTES: Each member of the Council having at hand a copy of the minutes of the regular council meeting veld January 3, 1939, the motion was made by Alderman Johnson and seconded by Alderman Carroll 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 adop- ted. STREET COMPLAINT - RIVERVIEW GOSPEL TABERNACLE: Mayor Ahbe reported that officers of the Riverview Gospel Tabernacle have complained about the large holes in the street at the cor- ner of Illinois Street and L.ircle Avenue and referred the matter to the City Engineer for attention. ADJOURNMENT: The motion was made by Alderman Johnson and seconded by Alderman Lemke to adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the Council regularly adjourns.,Ataiw.. 1 RICH, City Cler