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09/19/1932MinOTSS OF TH; REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF IS PLAINTS, HELD IN THE COUNCIL CHAMBERS ON TA& 19th DAY OF SEPTEMBER, 1932. AT THE HotOF 8 ofcLom P. M. The meeting was called to order by Mayor Charles Humeri, with Aldermen Ahbe, Collet, Pflughaupt, Dean, Haxmann, Kinder, Lacey, Triott, Enzenbacher a nd Meinshausen responding to the roll call. There were no reports of City Officials. The Judiciary and Assessment Committee had no report to Alderman Ahbe Chairman of the Police and License Committee reported that the committee is still looking for suitable quarters for the local unit of the Emmerson Relief. offer. The Streets & Sidewalks Committee had no report to Offer. Alderman Pflughaupt Chairman of the Buildings and. Plata Committee reported that the City Hall has been fumigated. the motion was made by Alderman Pflughaupt and seconded by Meinshausen to order the Police Department to not allow anyone but prisoners to sleep in the City Jail. The roll was called on the motion with following result: Ayes% Aldermen Pflughaupt, Kinder, Enzenbacher and Meinshausen. Nays; Aldermen Ahbe, Collet, Dean, Lacey and. Friott. The Mayor there- fore declared the motion defeated. Alderman Huxmann did not vote on this motion. The Sewer Drainage and. Sanitation Committee had no report to offer. Alderman Lacey chairman of the Water Committee reported tat the problem of preventing boys from climbing upon the water tank structure just east of the Des Plaines River, has been solved by atorgrIng the ladder with a raw paint that remains wet. The Fire Committee had no report to offer. The Band Committee had no report to offer. The City Clerk then read the following letter: Mayor and. City Council of the City of Des Plaines Des Plaines, Illinois. Gentlemen: In accordance with your request, I have carefully examined the contract submitted by the Public Service, Company known as the °Rate P's contract. 1 have also con- sulted with representatives of the Public Service Commipany and have requested that some minor changes be made in this contract. I enclose herewith the contract as modified by these changes. There are other changes which I requested, but which the company refused to make. With reference to the contract as submitted, I de- sire to call to the attention of the Council the fact that the contract as now modified provides specifically that it shall apply to the service furnished to the Norma and Cater wells or to such other wells or pumping plants as the City may request. There are, therefore, many clauses of this contract which do not apply to the particular conditions here, and many of the objectionable parts of the contract would not affect the furnishing of power to these wells. September 9, 1932. In Be: Municipal pumping and street lighting service contract - Public Service Company of Northern Illinois - Rate P. 687 In addition to this, the contract has been modified to pro- vide for auxiliary service in cases of emergency. The con- tract was further modified by striking out the provision regarding the appropriation of moneys to pay for the service. kith these changes, I think the contract sufficiently protects the City of Des Plaines, but I desire to call attention to some matters which the Council may desire to consider. The early part of the contract regarding installa- tion of service to be based upon the income does not apply to the present equipment, but would only apply in the event of additional wells or service desired. The provision regarding the d etermining of the maximum demand for the load factor purposes seems to me is not objectionable when considered in connection with the fact that the contract pro- vides for current to be supplied only to the wells as described. The new contract, however, does provides for the payment of bills within ten (10) days after the date of allowance and a provision for interest at 6% per annum if not paid within thrity (30) days. This provision, to my know- ledge, is not included under the present contract,with the Public Service Company. The contract further contains, on the back, a number of provisions under "Terms and Conditions.* The most objec- tionable of these provisions I regard as the one marked 'Continuous service.* I am of the opinion that the clause is not reasonable and should, not exempt the company for liability except for willful default. However in connection with this clause as well as other clauses in the contract, we must have in mind that the Public Service Company is a public utility controlled by the Public Utilities Commission, and taking this into consideration, the clause is not so objectionable, as in any event the Commerce Commission will regulate the rendering of the service. The other clause objectionable is the peovision regarding the release from liability. I regard the most of this caluse as ineffectual for the reason that the City has no right to contract with a public service company releasing the company from liability to individuals. This provision of the contractwould be ineffectual and I therefore do not regard it as of great importance. Therefore, considering the contract as 'a whole, I feel that there can be no reasonable objection to executing the contract. I enclose herewith letter written by forwarding the new contract to me. Respectfully DBMML DAVID B. Mr. Mitten submitted, MALONEY. The motion was made by Alderman Lacey and seconded by E:nkenbacher to postpone further consideration of the contract mentioned in the above letter until the•next regular meeting of the Council, and that a special committee appointed by the Mayor, to confer with Mr. Cater regarding this matter report to the Council at thattime. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried, and appointed the following as members of this special Com- mittee: . Mayor' Charles liammerl, Aldermen Hxumnnn, Meinshausen and Pf iughaupt. Tit Clerk then submitted a letter from Cdr. E. D. MacLuckie, repeating in writing, the address delivered to the council Sept. 6, 1932, with reference to the triming of trees, and the adoption of a "one-way* traffic rule form Center Street between Ellinwood Street and Prairie Avenue. The motion was made by".Alderman Huxmann and seconded by Collet to place this letter on file. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. The Clerk then read, the following resolution: RESOLUTION WHEREAS, heretofore the City of Des Plaines has levied an assessment against property in the City of Des Plaines for the opening of Prairie Avenue, for which procedding was filed iii the County Court of Cook County as No. 52590; and. WHEREAS, portion of the cost of the said improvement was levied against the property of the Trustees of Schools of Maine Township 41 North, Range 12, East of the Third Principal Meridian; and WHEREAS, portion of the property of the said Schools of Baine Township was taken for the opening of Prairie Avenue in the said proceeding, and an award was made the Schools for the portion of the property taken; and. WHEREAS, the award exceeded the assessment against the property'of the Sehools, and on February 6, 1928, the City of Des Plaines issued vouchers to the schools of Maine Township for the awards for compensation for property taken, and that thereafter the assessments levied against the property of the Schools of Maine Township were offset against the awards; there. by paying and removing the assessments against the saidproperty; and that a check was issued to the Township Treasurer of schools of Maine Township for the balance due the Schools over and abovd the amount of the assessments against the Sdhool property; and. WHEREAS, amongthe school property assessed for the said improvement and included in the said settlement, was the property of Schoold of Maine Township in Lot 122 in the Town of Rand, sections 20 and 21, Township 41 North, Range 12, East of' the Third Principal Meridian; and WHEREAS, through error, the Collector of assessments for the City of Des Plaines returned delinquent assessment in the said improvement No. 52590 during the year 1928 for the sum 9f Five Hundrid Forty-two dollars and Twenty-five Cents ($542,25) against the following described property, to -wit: (Except the Southerly 56.2 feet) Lot 122 in the Town of Rand, Sections 20 and 21, Township 41 North, Range 12, East of the Third. Principal Meridian; AND WHEREAS, thereafter the said assessment was with- drawn from collection, and that both of the said entries were errors* BE IT, THEREFORE, RESOLVED by the Mayor and City Council of the City of Des Plaines, Cook County, Illinois, that Robert M. Sweitzer, County Clerk of Cook County, be and he is hereby respectfully requested and petitioned to correct the records of delinquent assessments on file in his office by showing upon the face of his records that the said 'assessment against the said property was teturned in error by the City Cbllector of the City of Des Plaines during the year 1928. BE IT FURTHER RESOLVED that a Certified copy of this Resolution be forwarded to the said Robert M. Sweitzer, County Clerk of Cook County. BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of September, A. D. 1932. AYES: NAYS: APPROVED THIS day of September A. D. 1932. ATTESTED and. PIM this day of September A. D. 1932. City Clerk. Mayor of the City of Des Plaines Cook County, Illinois* 639 The motion was made by Alderman Huxmann and seconded by Collet to adopt this resolution. The,roll was called on the motion with the following result: Ayes; Aldermen Ahbe, Collet, Pflughaupt, Dean, Hux- mann, Kinder, Lacey, Friott, Enzenbacher and Meenshausen. Nays; None. The Mayor thereupon declared the motion carried, and the resolution adopted. Mr. D. B. Maloney, Attozney, reported that he is working on the matter of withdrawal from ,sale of property delinquent.in payment of special assessments. The motion was made by Alderman Hxumann and seconded by Lacey to postone consideration of this matter .till the next regular meeting of, the Council. The motion was voted upon by acclamation. Whereupon the Mayor declared the motion carried. Mr. D. B. Maloney, Attorney reported on the letter of W. H, Allen offering certain improvement bonds in payment of his water bill, which letter was referred to Mr. Maloney attorney for investi- gation and report at the last meeting of the Qouncil. Mr. Maloney stated that the Council has power to accept these improvement bonds in payment of the water bill, but that it is a question of whether or not it would be good business to do so. The motion was made by Adlerman Huxmann and seconded by Enzenbacher to refer this matter to the Water Committee. the motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. The Clerk then read the following: STATE OF ILLINOIS SS COUNTY OF COOK TO THE MAYOR OF THE CITY OF DES' PLAINES: Your petitioners, the undersigned, respectfully represent unto your Honor that they now own and for many years have owned various lots and parcels of land in the City of Des Plaines, all in Block Six, in the River Addition to Des Plaines, and Block three in J. C. Robinson's Addition to Des Plaines, said Block being bounded on the north by Ashland Avenue, on the East by Center Street, and on the south by Oakwood Avenue and on the west by a certain public alley lying about one hundred and fifty (150) feet east of Lee Street. Your Petitioners further represent unto your Honor that a great many owners and a great portion of this property was, before the passing of the zoning Ordinance of the Village of Des Plaines, devoted to various business enterprises and is stilldevoted thereto; to wit; a Public greenhouse, a refreshment stand, and a general team ing, hauling and excavating business. Your petitioners further represent that on the 5th day of February, 1923, a certain ordinance known as the ,zoning Ordinance was duly passed by the then Village of Des Plaines, wherein and whereby petioners" property was classified as residence property only. Your petitioners further represent that in and by said Zoning ordinance a protion of said block facing upon Lee, Street was designated and classified as commercial property but that said clas- sification extended only to aforesaid public alley. Your petitionQrs further represent that the classification of their property is illegal and unjust because due allowance was not made for existing conditions and uses and the conservation of property values and to the uses to w hich must of said property was devoted at the tiie of the enactment pf said ordinance and that section seven (7) of said ordinance relating to unconforming uses is vague and intefinite as,applying to the property of these petitioners Wherefore your petitioners pray that the aforesaid describe property of these petior4ers may be exempted from the operation of the classification fixed by said Zoning. Ordinance so that your pe- trtioners may use same for commercial purposes similar to which it was devoted at the time of the passing of said zoning ordinance or that said ordinance may be amended as provided by section four (4) of the zoning law of the State of Illinois to classification as a commercial or business district. And your petitioner's will ever pray, Louis Linneman 1323 Ashland Ave. 50 feet Arthur W. Collignon, 977 Lee St. 50 Feet Borden's Farm Products Co. A.Jarnecke, 1392 Oakwood. Ave. 100 Feet A.4arnecke,Ashland Ave. 60 Feet A. Jarnecke, Center St. 300 Feet Wm. Stelzner, 1305-1315 Ashland Ave. 130 Feet Louis Linnemann, Arlington Heights, 200 Feet STATE OF ILLINOIS) • COUNTY OP war Iss • AUGUST JA 'G being first duly sworn on,oath, deposes and says, that he has read the foregoing petition by him subscribes and that the other signatures attaohed thereto are the genuine sig. natures of the owners of the property described in said petition and that said petition is ture and substance and in fact. Subscribed and sworn to before me this day of September, 1930 Notary Public The motion was made by Alderman Kinder and seconded by Dean to refer this petition to the Zoning Board of Appeals. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. Alderman Pflughaupt presented the request of several citizens for a walk on the east side of Dempster Street from Rand. Road to the Maine Township High School for the safety of the High School Students. Carter Jenkins, engineer, stated that the matter had been discussed se al years ago, and presented estimates and a general review of the matter* As motion was made by Alderman Heimann and seconded by Pflughaupt to refer this matter to the streets and sidewalks Committee, for investiga- timn and report. The motion was upon by acclamation, 'hereupon the Mayor declared the motion carried. Mayor Hammerl then presented to the Council a request of a local milk dealer asking for permission to conduct a *raw milkretail vending station within the City limits. Mr Maloney, attorney, ex- plained that according to the City Code all milk offered for sale in the City of Des Plaines, must be either pasteurized or certified. No action was therefore in this matter. Alderman Ahbe, again raised the problem of, providing head- quarters fpr the local unit of the Emmerson Relief Committee., The motion was made by Alderman Huxmann and seconded by Meinshausen to authorize Mayor Hammerl to submit the following locations to the relief committee: the room at the North Division School, the Riverview Hall, and the flat above the store of Alderman George Enzenbacher. Also to authorize Mayor Hammerl to act in accordance with the Cam. mittee's wishes. The motion was voted upon by acclamation, whereupon the mayor declared the Malan carried. Alderman Lacey chairman of the Water Committee presented a request to the Council from the Junior High School, Asking that the City fill the school's swimming pool gratis. The motion was made by Alderman Huxmann and sec:ceded b Meinshausen to grant the Junior High School one filling of the pool gratis, and to instruct the clerk to inform the school that the water will be supplies under the direction of the 3uperintendent of Public Works. The motion was votedupon by acclamation whereupon the Mayor declared the motion carried* 641 Alderman Abbe, Chairman of the Police and License Coi2mittee, reported that the Committee recommends the purchase of a new squad car. The motion was then made by Alderman Ahbe and seconded by Meinshaua to advertise for bids for a new squad car, stating in the advertisement that 1932 Tax Anticipation Warrants will have to be accepted as payment for the car, and that the present Ford touring Squad car will be offered for trade. The roll was called on the motion with the following, result: Ayes; Aldermen Ahbe, Collet, Pflughaupt, Dean, Henn, Kinder, Lacey, `rott, Enzenbacher and: Meinshausen. Nays; None. The Mayor thereupon declared the motion carried* Ald§rman Huxmann then inquired whether all city employees were being paid according to the 10% reduction ordered by the Council. Alder- man Enzenbacher Chairman of the Finance Committee replied that the Library employees claim that the Council haw no right to reduce the salaries of Library employees and have demanded their Salary without the 10% reduction. The motion was then made. by Alderman Huxmann and seconded by Enzenbacher to withhold the sanies of the Library employees until they agree to the 10o`reduction in Salaries recently ordered by the Ceunci 1. The roll was called on the motion with the following result: Ayes; Aldermen .Abbe, Collet, Pflughaupt, Dean, Huxmann, Kinder, Lacey, Friott, Enzenbacher and Meinshauaen. Nays; None. The Mayor thereupon declared the motion carried. The Clerk then read the following resolution: RESOLVED THAT THE FOLLOWING BILLS ARE DUDE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK ARE AUTHORIZED TO ISSUETHE PROPER WARRANTS IN PAYMENT OF SAME. Charles Hammerl Hobart Ahbe Wm. Dean George W. Kinder Ernest Priott Louis Meinshausen Otto Rexses Des Plaines Publishing Wm. Koehler Mrs. Willer Christ Wegner Bernard Meehan Richard Knabb Dick Hammer Wm. Hulka Peter Geisen D. B. Maloney Max Mau Des Plaines Lumber (MC George Meyer Claude Butler George Meyer George Henricksen Pennsylvania Oil Co. Ben Stangor Fred Templin Charles Breitung Pennsylvania Oil Co. Marvin Wells Frank Fischer Joe Walter F. H. Brown John Larson Fred Koelle Public Service Co. Pittsburgh Equi table Inland Supply Co. Pure Oil Products Wm. H. Cater 22.50 13.50 13.50 13.60 133.50 10 150.00 41.10 25.00 50.00 90.00 74.25 74.25 67.50 45.00 31.82 225.00 46.35 87.00 2.54 35.00 7.06 17.10 .90 67.50 67.50 37.00 78.75 36.00 59.40 54.00 27.00 56.78 019.26 M.. 3.36 12.27 868.01 John B. Collet Walter Pflughaupt• Paul Huxmann Victor Lacey George Emzenbacher Edgar J. Friedrich H. Morris Alma Nissen Henry Heller Mrs. Stemmerman Raymond Haxnmerl Ernest Drexler Arthur Imig Joe O'Donnell Alma Nissen Studtman Bros. Faibanks Morse & Co. Mrs. Ross Palmer Fred Koelle Coffman Coal Yard Fred Koelle Aabert Gni of Frank Seaman W. I. Harris Andrew Geisen Frank Gaebel Wm. Wodach Coffman Coal Yard Marjorie Collet Roy Fischer August Guske Louis Volberding George Meyer Otto Henrich James B. Clow & Sons Neptune Meter Co. Sigwalt Lumber & Coal Herbert Fillman Mark W. Stewart 13..50 13.50 13.50 13.50. 112.50 1.00 50.00 25.00 57.50 74.25 74.25 45.00 18.8o 16.00 3.39 13.50 2.54 54.5 7-.06 7.06 18.80 8.00 27.00 67.50 25.38 36.00 36.0o 27.0o 32.40 55.09 15.90 23.10 Co. 1.38 2.81 5.00 642 P. S. Pedersen 5.00 Aug. Baucheran 5.00 Roy S. Frampton 5.00 The motion was made by,Alderman Dean and seconded by Collet to adopt this resolution. The roll was called on the motion with the following result: Ayes; Alderman Ahbe, Collet, Pflughaupt, Dean, Huxmann, Kinder, "acey, Friott, Enzenbacher and Meinshausen. Nays; None. The, Mayor tbereupan declared the motion carried. The motion was made by Alderman Huxmann and seconded by Pflughaupt to approve the minutes of the regular Council meeting of September 6, 1932 as written. The motion was voted upon by Acela- ination, whereupon the Mayor declared the motion carried. The motion was made by Alderman Kinder and seconded by Lacey to adjourn. The motion was voted upon by'acclamation, whereupon the Mayor declared the motion carried, and the Council regularly adjourned. • . FRIEDRICH, City Clerk.