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06/26/1933C. Collet 3.A.xedley S .`.Burda John H.Lee ti.L.Klump Emil Richert 5.00 5.0C 5.00 5.00 5.00 5.00 Mrs.Allis Chayner ±i.J.Bauman R.T.Fogarty H.T.Drews Russell Shaw 3.Teichs 5.00 5.00 5.00 5.00 5.60 5.00 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 Ileinshausen. Nays; none. The Mayor thereupon declared the motion carried. The motion was then made by Alderman Huxmann and seconded by ±'riott that the Council adjourn to June 26,1933 at 8:00 P.M. 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 PLAINES, HTT.D 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 bias on katerial required for the Algonquin 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 oenkins, engineer, for tabulation and report later in the evening. After some time, Mr. Jenkins submitted the following report: - UNITS 570'-8* pipe 128-6" " 24'-4" " 1200#Fittings Hydrant 2-8" Valves 2-4° w 4 Frames Pig Lead Jut e MCANE UNITED STATES C 1.23 $701.00 $ 1.17 $666.90 .85 10.20 .82 9.84 C .50i 14.28 .57 13.68 0115. 00 69.00 115.00 69.00 C 40.0C 80.00 ***t C 15.00 30.00 C 12.85 51.40 C .06g C .15 Frt.All'd to DesP1.-F.O.B.CarsDesPlaines .135 136 tT ITZS 570'-8" 12'- 6" 24'- 4" 120C;Fittings Hydrant 2-8" Valves 2-4" Valves 4 Frames Pig Lead lute pipe " CLOW LUDLOW G ; 1.19 678.30 C .84 10.C8 .60 14.40 C 113.00 57.80 C — - la 36.00 ) 4216.70 C 13.00 ) C 11.50 C .06 C .13 Delivered to Job and unloaded Mr. Jenkins recommended that the pipe be purchased from Jas.B. Clow 8: Sons, and that the valves and hydrants be purchased from the Ludlow Valve Mfg.Co. The motion was made by Alderman Huxmann and seconded by Meinshausen to the engineers report be concurred in and that contracts be awarded as per his recommendation. The roll was called on the motion with the following result: Ayes; Aldermen Ahbe, Collet, 2flughaupt, Dean, Huxmann, Priott, Frederick, Enzenbacher and Meinshhusen. Nays; none. The Mayor thereupon declared the motion carried. The Clerk then read the following petition: PETITION To the Honorable Mayor and City Council of the City of Des Plaines, Illinois Gentlemen: The undersigned property owners petition your honorable body to rezone for business purposes (Commercial District, Area District C ) the following property, now zoned for residence purposes: The Easterly 200 ft.of Lots 1 and 2 in Garland's Division, also all of lots 9,10 and 16 in Garland's Division, also that portion of Lots 2 and 3 in Phillipine Ahbe's Division lying northeasterly of a line drawn part llel to Rand Road 141.94 ft.South and West of said Rand Road, all located in Section 16, Township 41 North, Range 12, East of the Third Principal Meridian. Dated at Des Plaines, Illinois, this 26th day of June,1933 Signed by Solomon Garland 1967 Rand Road and 37 other property owners. The motion was made by Alderman Huxmann and seconded by Meins- hausen to refer this petition to the Zoning Board of Appeals. The motion was voted upon by acclamation, whereupon the mayor declared the motion carried. The Clerk then read the following letter: April 2nd, 1933 Honorable Mayor and City Council City of Des Plaines,lllinois Gentlemen: In accordance with direction eceived at the last council meeting, 1 am submitting here- with an offer to survey and field monument all angle points and property corners of both the northerly and southerly street lines of Prairie Avenue, be- tween Pearson Street and River Road; together with the preparation of the necessary plat and simpli- fication if possible of the present long and tedious land descriptions, and to record said plat after its approval by your honorable body. The recording fees shall be borne by the City. The scope of this work will entail the setting of 16 concrete angle monuments and 14 lot corners. The angle monuments will consist of a 6" reinforced concrete column, having in its top a copper bolt properly marked to establish the line, while the lot corners will consist of heavy iron pike. The concrete monuments will be set to con- form to the grade of the street proposed by the im- provement plans previously submitted to the council. All of the above work I offer to do for the sum of 290.00, payment of which may be made if it is necessary in 1932 Tax Anticipation \tarrants. Very Sincerely garter Jenkins C J :15' The motion was made by Alderman Pflughaupt and seconded by Ahbe to accept the estimate submitted in the above letter, and to instruct Mr. Jenkins to proceed with the work. The roll was called on the motion with the following result: Ayes; Aldermen Ahbe, Collet, Pflughaupt, Dean, Huxmann, Friott, Frederick, Enzenbacher and Meinshausen. Nays; None. The Mayor thereupon declared the motion carried. The Clerk then read the following proposed ordinance (second draft) for second reading: AN ORDINANCE AMENDING CHAPTER 28 OF THE MUNI C IPAL CODE OF THE CITY OF DES PLAINES OF 1928 AND REGULATING THE BREVING,PRE- PAR.ATICN AND SALE CF MALT AND VINOUS BEVERAGES IN THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. The motion was made by Alderman Huxmann and seconded by Frederick to include Section 1196-I (second draft) in the ordinance. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. The Clerk then read Section 1196-M (second draft) as well as the following petitions: 137 • 138 To the Mayor and City Council of the City of Des Plaines,I11. We the undersigned persons, dealing in the sale of malt or vinous beverages in the City of Des Plaines, object to the hour of closing places of business gelling malt or vinous beverages, at the hour of 1 A.M. an d also object to the prohibiting of bars or counters for the dispensing of said beverages, and request you to reconsider said section in the proposed ordinance. Signed by eight dealers And, also the following: To the Mayor and City Council of the City of Des Plaines We the undersigned persons, of the City of Des Plaines, object to the hour of closing places of business selling malt or vinous beverages at the hour of 1 A.M. and also object to the prohibiting of bats and counters for the dispensing of said beverages, and request you to reconsider said section in the proposed ordinance. Signed by 148 Citizens of Des Plaines. -VCO4 sCif.* +1 Ofa.f.t:estSi.ifi.►0i4:(;f:►:4:O:i.40*W. The motion was made by Alderman Pflughaupt and seconded by Frederick to include this Section 1196-M in the ordinance. The roll was called on the motion with the following result: Ayes; Alderman Pflughauy)t, Huxmann, I+'riott, Frederick. Nays; Alderman Ahbe, Collet, Dean Enzenbacher and Meinshausen. The Mayor thereupon declared the motion lost, and the section not incorporated. The question of issuing licenses to persons only, and not to corporations was then raised by Alderman Enzenbacher. In answer to this question the Clerk read the following letter upon request of City Attorney Meyer: - KENNETH G.MEYER .Tune 22, 1933 To the Mayor and City Council of the City of Des Plaines Des Plaines,lllinois Gentlemen: In accordance with your request for an opinion as to whether or hot a city can by ordinance prohibit 3. cor- poration from dealing in or selling malt or vinous beverages in the City of Des 21aines, J. wish to advise that it is a basic rule of law relating to licenses that a state or a municipality should not arbitrarily discriminate between persons or classes of persons. A statute or ordinance which, in imposing license taxes in favor of residents of a city or state against non-residents in the same class, is unconstitutional. The City does not have the right to limit the right to sell malt or f'inous beverages to white persons and prohibit the same right to negroes. A corporation duly qualified to do business in Illinois has the same status and rights as an individual, and 1 am therefore of the opinion that an ordinance passed by the City Council of the City of Des Plaines prohibiting corporations from selling or dealing in malt or vinous beverages, would be unconsti- tutional. Respectfully submitted Kenneth G.Meyer. ffl M:ES No further action was taken on this question. The motion was then made by Alderman Huxmann and seconded by Frederick that Section 1196-F (second draft) be included in the ordinance. The motion was made by Alderman Enzenbacher and seconded by Ahbe to amend this section to read so as to allow the sale of beer on Saturdays up to 2 A..1.(Sunday morning). The roll was called on the amendment with the following result: Ayes; Aldermen Ahbe, Collet, Dean and Lnzenbacher. Nays; Alder- men Fflughaupt, Huxmann Friott, Frederick and keinshausen. The Mayor thereupon declared the amendment lost. The main motion was then voted upon by acclamation, rhereupon the Mayor dedardd the motion carried and the section included in the proposed ordinance. The motion was made by Alderman Enzenbacher and seconded by Dean to reincorporate in the ordinance Section 119641, revised so as to permit the sale of beer to persons seated at tables, bars or counters. The roll was called on the motion with the following result: Ayes; Alderman Ahbe, Collet, Dean and Meinshausen. Nays; Aldermen flug- haupt, Huxmann, Friott, and Frederickk. The Ma or thereupo declared the motion lost and the section not inclu e n 139 the proposed ordinance. No further action was taken, however, regarding the passage of the proposed beer ordinance at this time. The Mayor therefore declared the proposed ordinance filed for third reading. City Attorney leyer then reported that Alderman Ahbe has been served with a notice of hearing, and introduced Mr. Booster, attorney for mr. Ahbe, who suggested that both parties agree on rules of proceedure in this contest. The motion was made by Alderman Huxmann and seconded by Frederick that any points which Mr. Ahbe's counsel may raise on the question of jurisdiction of the Council shall be in writing. The roll was called on the motion with the following result: Ayes; Aldermen Pflughaupt, Huxmann, Friott, Frederick, and Meinshausen. Nays; Aldermen Ahbe, Collet, Dean and Enzenbacher. The Mayor thereupon declared the motion carried. The motion was made by "alderman Huxmann and seconded by Frederick that any objections be filed in writing within five (5) days, and that the date of hearing be set for July 17th,1933. The motion was voted upon by acclamation, whereupon the mayor declared the motion carried. Mayor Kinder then announced the following appointments: Members of the Board of Health: Dr.A.L.rurve s,Fres ident 140 Members of the Board of Health (cont'd.) Police Matron: Mrs. Emelie Stemmermann,Secretary Dr.lienry Heller Miss Lenard rm.Koehlcr Mrs.Emelie Steminermann The motion was made by Alderman Huxrmann and seconded by Collet to confirm these_. .ppointrments. The motion was voted upon by acclamation, whereupon the Itiayor declared the motion carried and the appointments confirmed. The motion was made by Alaerman Huxmann and seconded by Pflughaupt that in the future the members of the Board of Health serve without pay, and that the salary of the Secretary of the Board of Health and Police Matron be set at 315C.CO per year for both offices combined. The roll was called on the motion with the following result: Ayes; Aldermen Ahbe, Collet, Pflughaupt, Dean, Huxmann, Friott, Frederick, Enzen- bacher, and Meinshausen. Nays; none. The Mayor thereupon declared the motion carried. The Clerk then read the following letter: BOARD OF EDUCATION June 24. 1933 To the Mayor and City Council of the City of Des Plaines Des ylaines,lllinois Gentlemen: Our Board of Education has been informed that there are two unvacated alleys running through the premises occuaied by the Central School in Des Plaines, which is bounded by Thacker Street, Center Street, Ashland Avenue and Lee Street. We would appreciate the City Council taking the appropriate action to have these alleys vacated. Very truly yours, Board of Education SCHOOL DISTRICT NO.62 The motion was made by Alderman Pflughaupt and seconded by Meinshausen to commit this letter to the City Attorney and City Engineer for investigation and report. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. The Clerk then read the following letter:- June 26,1933 M .Cras.M.Larson City Treasurer, City of Des Plaines,Illinois Dear Sir: The undersigned hereby offers to examine the records in. t'Ae County Clerk 's office for the purpose of ascertaining the amount of koney on deposit with the County Clerk on account of redemptions from sales to the City of Des Plaines and on withdrawn specials and not paid over to the City of Des Plaines by the County Clerk. For this service I will charge 10% of 141 the actual money received as a result of my services. It is further agreed that upon receiving any money 1 will give you a statement showing the manner in which the money should be devided among the different warrants and the installments thereof. Yours truly, 7RANK J.NUGFI i' This letter was referred to the 2inance Committee : by the Mayor. The Clerk then read the following letter; FOURTH WARD CITIZENS' ASSOCIATION Tune 26,1933 Honorable Mayor and Council, City of Des Plaines, Illinois Gentlemen: On behalf of the Fourth Huard Citizens' As,ociation, the writer would like to draw your attention to the existing condition of the Parkways in the Fourth Ward, which are overgrown with weeds, and are badly in need of cutting. These overgrown parkways are an "eyesore" along side the well -kept ones. Since the owners, living on the premises are willing to take care of the parkways in front of their doors, it would be unreasonable to expect them. to take care of the overgrown parkways, which it is the duty of the City to take care of. Furthermore, there is an abundance of Canadian thistles ready to bloom on lots and parkways, in back of the stores on the southwest corner of Prairie and First Avenues, to Mention one place. Anyone who had had anything to do with fighting this "pest" will appre- ciate it if the City Council would enforce the ordinance provided for this purpose before the seed is scattered all over the landscape. There are also quite a number of trees on the west side streets in need of trimming whose branches are so low that they form obstructions over the sidewalks. We hope that the City CounCiX will take the above mentioned facts into consideration. Very truly yours FOURTH WARD CITIZENS' ASSOCIATION By: JULIUS H.TOETEBERG ,Secretary JHT 142 This letter was referred to the Streets and Sidewalks Committee by the Mayor. The Clerk then read the following letter: CHURCHILL & CODY June 20th,1933 Kenneth Meyer Attorney at Law 10 S.LaSalle St. Chicago, Illinois. Dear Mr. Meyer: In accordance with our telephone con- versation of today, I am enclosing herewith special assessment voucher, Serial No.409, Voucher iio.113, issued by the City of Des Plaines, for the sum of 32182.29, and I wish that you would kindly have issued in place and stead thereof, three special assessment vouchers as follows: To Jonas O.Hoover, one voucher for the sum of $750.00; to Edward S.Cody, one voucher for the sum of $750.00, and one voucher to Jonas O,Hoover for 3682.29. Thanking you for your courtesy in this matter, I am Yours very truly, Edward S.Cody -NSC:: .tea •-J The motion was made by Alderman Huxmann and seconded by Dean to refer this letter to the Judiciary and Assessment Committee. The motion was voted upon by Acclamation where- upon the Mayor declared the motion carried. The motion was made by Alderman Dean and seconded by Collet to adjourn. The motion was voted upon by accla- mation, whereupon the Mayor declared the motion carried and the Council regularly adjourned. EDGAR J.FRIEDRICH,City Clerk