06/19/1933128
MINUTES CF THE REGULAR Ir1i;; T IMG CF THE
CITY COUrvrCIL CF THE CITY OF DES ILAINES,
H1T,D IN THE COUNCIL CHAMBERS ON THE 19th
DAY OF JUNE,033 AT THE HOUR OF 8 O'CLOCK P.M.
The meeting was called, to order by Mayor. Kinder, with,
Aldermen Ahbe, Collet, Pflughaupt, Dean, Huxmann, Friott, Fre-
derick, and Meinshausen responding to the roll call. Alderman
Enzenbacher though absent during the roll,call, arrived shortly
thereafter.
The Clerk then read the following report of the Judiciary
Committee:
To the Chairman JUDICIARY & ASSESSMENT committee,
at the meeting of the City Council, held Tune,5th,1933,
the following matter vas referred to your committee:
--'The surety bonds of Kenneth Meyer and Edgar J.Friedrich
for examination and report.
EDGAR J.FRIEDRICH,City Clerk
City Des Plaines,lll.
To the Mayor and City Council
Your Committee on Judiciary _has investigated the
above named bonds in due form and recommends their approval
by the City Council.
e, your committee on JUDICIARY _,therefore recommend:
The approval of said bond.
H.E.Friott
Hobart 111.Ahbe
Paul J.huxmann
Signed, Committee
The motion was made by Alderman Huxmann and seconded by Friott
that the report be concurred in and the bonds be approved. The
roll was called on the motion with the following result: Ayes:
Aldermen .Th.be, Collet, Pflughaupt, Dean, Huxmann, :Friott, Fre-
derick and Meinshausen. Mays; None. Alderman Enzenbacher was
absent. The Mayor thereupon declared the motion carried, and
the bonds approved.
Alderman Huxmann of the Judiciary Committee, then reported
that bids on the City's insurance are being received, but that
severnl bidders have been unable to submit a bid because the
"experience" com:.any has not reported its experience to the
bureau.
Alderman Friott, chairman of the Judiciary Committee
then reported that the proposed contract between the City and
Carter Jenkins, engineer, has been examined, and found acceptable.
The motion was made by Alderman Friott and seconded by huxmann
to authorize the Mayor and City Clerk to sign this contract.
The -roll was called on the motion with the following result:
Aye, Alderman Ahbe, Collet, Pflughaupt, Dean, Huxmann, Friott,
Frederick and Leinshausen. Nays; None. Alderman Enzenbacher
was absent. The ayor thereupon declared the motion carried.
Alderman Huxmann, chairman of the Police Committee reported
129
that Mr. Kohfeldt ha^ been given employment and that the
claim for compensation for special police duty for four
years has been withdrawn.
The Streets and Sidewalks Committee had no report
to offer.
Alderman Ahbe, chairman of the Buildings and Plats
Committee, reported that the committee studying the advis-
ability of installing toilets in Riverview Hall, and requested
the clerk to prepare a statement of rentals collect from
Riverview Hall to assist the committee in their study. This
matter was recommitted to the Buildings and flats Committee
by the Mayor.
(at this point Alderman nzenbacher entered the meeting)
Alderman Ahbe, Chairman of the Building and Plats
Committee then. reported that the committee has also considered
the changes in the Clerk's office and in the Police headquarters,
but that the committee is not sure that the City has the
right to expend moneys for these changes without a specific
appropriation for this purpose; also that the committee is
not sure that the work can be legally done without advertising
for sealed bids, since the work will exceed X500.00 in cost.
The motion was made by Alderman Huxmann and seconded by Ahbe
to refer this matter to the City Attorney for an opinion on
these two questions, based on a cost of approximately 41300.00,
and assuming that the City will hire its own labor. The motion
was voted upon by acclamation, whereupon the Mayor declared
the motion carried.
.Alderman iinshausen, chairman of the Sewer, Drainage
and Sanitation Committee that the Garbage Department has
employed A.J.Kohfeldt to help burn at the incinerator two
nights each week.
The Clerk then read the following letter:
KENNETH G .bMYER
June 14,15'33
To the Mayor and City Council of
the City of Des Plaines
Des Plaines, Illinois
Re:Rights of City to regulate and
restrain rights of others of
collet garbage within the City
of Des Plaines.
Gentlemen:
In accordance with your request for an
opinion as to whether or not a person under the
existing ordinances of the City of Des Plaines has
a right to collect and haul garbage within the City
of Des Plaines and also whether or not third persons
.can be barred from collecting and hauling garbage with-
in the City limits, I wish to advise as follows:
I am of the opinion that under the existing
ordinances there is nothing to prohibit any person,
firm or corporation from collecting or hauling garbage
within the city limits. 1 do not believe that Section 5
130
of the garbage ordinance is sufficiently broad enough to
prohibit third persons from collecting or hauling garbage.
I am of the opinion, however, that the city has the
power to amend its ordinance prohibiting anyone but those
employed by the City of Des Plaines from hauling garbage.
While there is no Illinois case directly, on the
subject, the Supreme Courts of many states as well as the
Federal Court, has held that a municipality may lawfully
grant to an individual the exlusive right to remove garbage
accumulating within its limits, and likewise a municipality
has the power to reserve to itself the elc1usive right through
its own selected agents to collect and remove garbage which
is or by delay may become a public nuisance.
The theory of law upon which such powers are granted
to a municipality is that the regulations restricting the
removing of garbage to itself or to one person or concern
is for the preservation of public health. Garbage has been
held to be a nuisance per se, and the courts have said that
the city is in a better position to preserve the health
of the community by having direct control over the disposal
of the garbage in the city, and such regulations by a munici-
pality does not create an unlawful monopoly or unlawful restrain
of trade.
In view of the expressions of the various courts in
the matter, I do not believe you can restrain any person
from hauling ashes or other matter other than garbage, and I
have therefore prepared an amendment to your garbage ordia.nce,
which is attached herewith and which in my opinion is within
your corporate powers.
The only case in Illinois closely bearing upon the
point in question is the case wherein an ordinance of the
City of Chicago was attacked, which ordinance established
stations for shipping manure and giving the exclusive pri-
vilege of engaging in that business to any bidder who the
Mayor or Commissioner of Health might contract with. The
court held that inasmuch as manure was a valuable commodity
to the farmer and the collecting, shipping and sale of same
was a perfectly legitimate business, the City. Council had no
authority to give one exclusively the right to deal in such
business and declared the ordinance void.
Respectfully submitted
IENNETH G .DYER
MY:ES
:ES
also the following proposed ordinance for first reading:
AN ORDINANCE AMENDING AN ORDINANCE ENTITLED
"AN ORDINANCE RELATING TO THE I)ISPCSAL OF
GARBAGE, ASHES AND MISCELLANEOUS WASTE AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
The motionwas made by Alderman Huxmann and seconded by
Frederick to put this proposed ordinance on passage. The roll
was called on the motion with the following result: Ayes;
Aldermen. Pflughaupt, Huxmann, 1'riott, Frederick and4einshausen.
Mays; Aldermen Abbe, Collet, Dean and Enzenbacher. the Mayor
declared the motion defeated for want of a two-thirds Council
majority. The proposed ordinance was therefore filed for
131
second reading. The motion was made by Alderman Enaenbacher
and seconded by Dean that the City Attorney furnish each
alderman a copy of this proposed ordinance. The motion was
voted upon by acclamation, whereupon the'Mayor declared the
motion carried.
The Clerk then read the following proposed ordinance
for first reading:
AN ORDINANCE
AMENDING ARTICLE 2, ENTITLED "DOGS"
OF CHAPTER 25 OF THE MUNICIPAL CODE
OF THE CITY OF DES PLAINTS OF TIIE
YEAR 1928.
No further action was taken at this time.
The Clerk then read the following letter:-
TOLMAN,CHA1LLER & DICKINSON
June 17th,1933
Mr.Kennet G.Meyer
10 S.LaSalle St.
Chicago,I11.
In Re: Des Plaines Special Ass.99
Dear Sir:
We represent the V .W.Armstrong,Company,
the holder of certain bonds in the above entitled case.
Some of the bonds have been defaulted.
Proceedings were had for final adjudication
and the final certificate was confirmed. The final
certificate shows a deficiency of 449,848.39. Since
the final certificate was confirmed, a reduction order,
entered November 17,1925, was vacated and assessments
totalling $13,287.86 were restored. At the same time
the assessment was restored a reduction of 48,179.08
was granted to the property owners on River Road.
The net results of these two orders was the
restoration of assessments totalling ;5,108.78. De-
ducting this amount from the deficiency shown by the
final certificate of $49,848.39, the amount to be
covered by a supplemental assessment is $44,739.61.
On September 26,1931, October 20,1531 and
November 30, 1931, we wrote the Mayor of the City
of Des Plaines, demanding that the City Council levy
a supplemental assessment. The last letter was referred
to the Judiciary and Assessment Committee of the
Council and we discussed the matter with Mr. John Suster,
the Chairman, at the time. We also took the matter up
with. T:;r.Maloney the former City Attorney, from time to
time.
Before taking any action in the matter, we are
calling this matter to your attention and asking you to
take the matter up with the City Council promptly and
advise us what the Council proposes to do in the matter.
The bonds held by our clients are being defaulted each
year. There is an unquestioned shortage in the assessment.
132
This matter cannot be delayed much longer and we therefore
request that the City Council give the matter its immediate
attention.
7e also desire to examine the special assessment
records and accounts of the City with reference to this
particular special assessment in order to determine its
status with reference to the bonds held by our clients.
Would you please advise us when this can be done.
Yours very sincerely
TOIMAN, CHANDLER & DICKINSON
By: Howard B.Bryant
HBB?MB
The motion was made by 'alderman Huxmann and seconded by Colle,
to refer this letter to the Judiciary and Assessment committee.
The motion was voted upon by acclamation, whereupon the Mayor
declared the motion carried.
The Clerk then read an application for a license
to sell beer at 2009 Rand Road, signed by Harold Coleman. The
motion was made by Alderman Huxmann and seconded by Meinshausen
to deny the beer license and order the building removed because
it violates the zoning ordinance. The motion was voted upon
by acclamation, whereupon the Mayor declared the motion carried.
The motion was made by Alderman Huxmann and seconded
by Meinshausen that the paragraph following the motion approving
bilis in the minutes of the meeting of June 5,1933 be corrected
to read as follows:
*The motion was made by Alderman Huxmann and seconded
by Pflughaupt that each committee chairman be furnished a list
of the names of a#ch persons, who are willing to work off their
past due water bills, and that such persons be given preference
when employing casual labor."
and that the minutes of June 5,1933 be approved as corrected,
and those of June 12,1933 be approved as printed. The motion
was voted upon by acclamation whereupon the Mayor declared the
motion carried.
The Clerk then read the following proposed ordinance
by paragraphs for second readings
AN ORDINANCE
AYENDING CRAFTER 28 CF THE MUJNICIPAL
CODE OF TH,a, CITY CF DES PLAIT S CF
1928 AND REGULATING THE BREWING, PREir
PARATION AND SALE 0{ MALT AND VINOUS
BEVERAGES IN THE CITY OF DES PLAINES,
COOK COUNTY, ILLINOIS.
The proposed ordinance was discussed by paragraphs and various
additions and changes were tentatively agreed upon. The Mayor
then instructed the City Attorney to prepare a finished draft
of this proposed ordinance and present it to the Council at its
next meeting for final reading.
133
The Clerk then read the following report:
To the Chairman FINANCE committee, at the meeting
of the City Council, held June 12,1533, following matter
was referred to your committee:
The matter of determining how much Special
Assessment and General Tax money the County Clerk is
holding, which belongs to the City, and making a demand
for remittance.
EDGAR J.FRIEDRICH,City Clerk
:e, your committee on Finance , therefore
recommend: that Mr. Larson, Gity Treasurer, be re-
quested to endeavor to see the County Clerk, in an
effort to get the details on this.
G#.Walter Pflughaupt
G.M.Enzenbacher
Paul J.Huxmann
Signed, committee
The motion was made by Alderman Huxmann and seconded by
Pflughaupt to concurr in this report. The motion was voted
upon by acclamation, whereupon the Mayor declared the motion
carried.
The Clerk then read the following report:
To the Chairman FINANCE committee, at the meeting
of the City Council held June 12,1533, the following matter
was referred to your committee:
The letter of Ldgar J.Schoen, attorney for the
Eureka Fire Hose Co., demanding payment on Fire hose.
Copy of the letter is attached hereto.
EDGAR J.FRIEDRICH,City Clerk
We, your committee on Finance therefore recommend:
That the matter be referred to the City Attorney
to see if Mr. Schoen will agree to a reduction in
the amount of the bill.
G.Walter Pflughaupt
G.M.Enzenbacher
Paul J.Huxmann
Signed, Committee
The motion was made by Alderman Huxmann and seconded by Pflug-
haupt to concurr in this report. The motion was voted upon
by acclamation, whereupon the Mayor declared the motion carried.
The Clerk then read the following report:
To The chairman FINANCE committee, at the meeting
of the City Council held June 12,1533 , the following matter
was referred to your committee:
The letter of Jhas.M.Larson, City Treas. suggesting
to buy Incinerator Bond #11 for the Garbage Fund. Copy
of the letter is attached.
EDGAR J.FRIEDRICH,City Clerk
We, your committee on FINANCE therefore recommend:
That the recommendation of the City Treasurer be
concurred in and the Bond -#11 be purchased.
G.Walter Pflughaupt
G.M.Enzenbacher
Paul J.Huxmann
Signed,Committee
134
The motion was made and seconded to concurr in this report.
The motion was voted upon by acclamation, whereupon the Mayor
declared the motion carried.
The Clerk then read the following report:
To the Chairman Finance committee, at the meeting
of the City Council, held June 12,1c33, the following
matter was referred to your committee:
The letter of Meyer Coal &: Material Co. copy of
which is attached hereto.
EDGAR J.FRIED.RICH,City Clerk
We, your committee on Finance , therefore recommend:
That the City redeem the 4;50.00 warrant and the
license tags be issued and the balance due of :14.00
be credited against their account with us of 4114.0C.
G.Walter Pflughaupt
G.M.Enzenbacher
Paul J.Huxmann
Signed, Committee
The motion was made by Alderman Frederick and seconded by Collet
that the recommendation in this report be concurred in. The
motion was voted upon by acclamation, whereupon the Mayor declared
the motion carried.
The Clerk then read the following resolution:
Resolved that the following bills are due and payable
and that the Mayor and City Clerk be instructed to issue proper
voucher -warrants in payment of same; and that these voucher -
warrants be released upon order of the Finance Committee, when
funds are available:
Edgar J.Friedrich
Grace Rexses
Kenneth G.Meyer
Kenneth G.Meyer
Henry Lucke
Herman Lucke
Frank Seaman
Herman Meinshausen
Geo.Meyer
Ben Stangor
Herman Meinshausen
D.H.Coffman
Marvin Wells
Frank Fisher
Herman Meinshausen
Geo.Osgood
Paul Gilmore
Frank Seaman
Ray Hammerl
E.Meyer
C.Wegner
J.Wigham
J.Grindley
Clarence Schuldt
Nick Goberville
112.50
40.00
83.33
83.33
7.43
7.43
3.83
14.41
26.78
74.25
4.75
67.50
78.75
72.00
45.48
28.00
56.00
3.83
74.25
74.25
72.00
57.50
45.00
5.00
5.00
Chas.M.Larson 83,33
Harold Ahbe 40.00
Kenneth G.Meyer 83.33
Max Mau 52.65
Frank Amedo 7.65
Albert Gniot 9.00
Fred Tegtmeier 11.48
Carl Kuetzing 7.65
E.J.Friedrich 1.12
Harry McCarty 13.50
Alvin Winkelman 67.50
Raymond Kolze 67.50
Pearl noelling 40.00
Max Maus 72.00
Fred Kaufman 28.00
Richard Gunther 28.00
E.Kurtz 28.00
Howard Becker 90.00
E.Drexler 74.25
P.Gatto 60.0C
F.Cheever 57.50
J.0'Donnell 45.00
Johnson's Elect.3hop 50.00
E.Hacker 5.00
Walter Anderson 5.00
C. Collet
3. A.Hedley
S..Burda
John H.Lee
M.L.Klump
Emil Richert
5.00
5.00
5.00
5.00
5.00
5.00
Mrs.Allis Shayner
H.J.Bauman
R.T.Fogarty
H.T.Drews
Russell Shaw
S.Teichs
5.00
5.00
5.00
5.00
5.60
5.0C
The motion was made by Alderman Pflughaupt and seconded by
Meinshausen to adopt this resolution. The roll was called
on the motion with the following result: Ayes; Alderman Ahbe
Collet, Pflughaupt, Dean, Huxmann, Friott, Frederick, Enzenbacher,
and einshausen. Nays; none. The Mayor thereupon declared the
motion carried.
The motion was then made by Alderman Huxmann and
seconded by J'riott that the Council adjourn to June 26,1933
at 8:00 P... The motion was voted upon by acclamation,
whereupon the Mayor declared the motion carried.
EDGAR J.FRIEDRICH,City Clerk
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF DES
PLAINER, HTTD IN THE COUNCIL CHAMBERS ON
THE 26th DAY OF JUNE,1933 AT THE HOUR OF
8 O'CLOCK P.M.
The meeting was called to order by Mayor Kinder,
with Aldermen Ahbe, Collet, rflughaupt, Dean,Huxmann, Friott,
Frederick, Enzenbacher and Meinshausen responding to the roll
call.
The motion was made by Alderman Enzenbacher and
seconded by Collet to open the bids on Material required for
the P&lgonquin Road -Keeney Avenue water main connection. The
motion was voted upon by acclamation, whereupon the Mayor
declared the motion carried. The Clerk then read several bids
but was interrupted by a motion made by Alderman Huxmann and
seconded by Dean to refer the bids to Carter .Jenkins, engineer,
for tabulation and report later in the evening. After some
time, Mr. Jenkins submitted the following report: -
UNITS
570'-8*
128-6'►
24'-4"
1200#Fittings
Hydrant
2-8" Valves
2-4w '
4 Frames
Pig Lead
Jut e
pipe
"
MMANE UNITED STATES
C 1.23 $701.00 $ 1.17 $666.90
C .85 10.20 .82 9.84
C .5E1i 14.28 .57 13.68
C115. 00 69.00 115.00 69.00
C 40.00 80.00 Alitt
E 15.00 30.00
C 12.85 51.40
C .064
G .15
Frt.All'd to DesP1.-F.U.B.CarsDesPlaines
135