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09/18/1939MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS ON MONDAY SEPTEMBER 18th,1939 AT THE HOUR OF 8 P.M. CALL TO ORDER: The meeting was called to order by Mayor Hobart M. Ahbe, presiding with Aldermen Uarroll, Johnson, Henrich, Loos, Dopheide, Carlson, Friott, Lemke, Schwanbeck and Campagna responding to the roll call. The Clerk reported all members of the Council present. THE JUDICIARY AND ASSESSMENT COMMITTEE had no report to offer. THE POLICE AND LICENSE COMMITTEE had no report to offer. THE COMMITTEE ON PUBLIC WORKS, BUILDINGS AND PLATS had no report to offer. THE STREETS & SIDEWALKS COMMITTEE had no report to offer. THE WATER COMMITTEE had no report to offer. THE FIRE COMMITTEE through its chairman Alderman Dopheide re- ported that recently the Council requested the Board of Fire and Police Commissioners to appoint a relief fireman to serve during the absence of the regular firemen, which was done as requested. He further reported that Fire Marshall Walter Lagerhausen now requests that two additional similar relief firemen be now authorized by the Council. The motion was therefore made by Alderman Dopheide and seconded by Henrich to authorize the appointment of two additional relief firemen, and to instruct the Clerk to notify the Board of Fire and Police Commissioners to make such appointments. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. THE BAND COMMITTEE had no report to offer. THE BUILDING INSPECTOR Frank r .Scharringhausen reported considerable building activity. He also reported that he attended the annual convention of the Illinois Municipal League held at Kankakee, Illinois September 12, 13 and 14,1939.. THE ELECTRICAL INSPECTOR Arthur Rieck had no report to offer. THE CITY ENGINEER E.N.Fletcher reported that the County has completed the re -paving and re -location of the intersection at Des Plaines Avenue and Oakton 6treet. He reported further that hehas requested the County to re -locate the sidewalk on the south side of Oakton Street, as well as the ornamental lights at that point. WIDENING OF PEARSON STREET - M.F.T. 6 CS: E,E,Fletcher, City Engineer, reported that authorization is expected any moment from the State Highway Department to advertise for bids for the widening of Pearson Street (M.F.T. Section 6 CS). The motion was made by Alderman Henrich and seconded by Friott to authorize and direct the City Ulerk to advertise for bids for Motor Fuel Tax Project 6 CS subject to state approval. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. SOO LINE CROSSINGS: The Clerk then read the following letter: (see next page) MINNEAPOLIB,ST.PAUL & SAULT STE.MARIE RWY CO. Stevens Point, Wis. Sept 15th 1939 Mr. Edgar J. Friedrich City clerk City of Des Plaines, Les Plaines, Illinois Dear Sir: Referring to your letter of September 12th regarding the matter of repairing and rebuilding street crossings in Des Plaines. Assistant yngineer Foster met your Street Commissioner Wells on August 26th and went over the various street crossings with him. He was to report to your Council what repairs we were going to make. These crossing will be brought up to proper grade and planks renewed and resurfaced with black top before cold weather sets in. It was suggested that Lee Street which carried U.S.Highway No.12 and 45 and is now full planked across both tracks be taken up with the Coufity or State and have them furnish concrete plank or a steel crossing such as furnished at other points and the Railroad would install same. Yours very t ruly W.J.CABLE Division Engineer Mayor Ahbe instructed M.D.Wells, Supt. of Public Works to see that the said repairs are properly made. He also instructed E.N.Fletcher, City Engineer, to ask the state to furnish the materials referred to in the above letter for the repair of the Soo Line crossing at Lee Street. REVISE FORM OF RURAL FIRE CONTRACTS: The Clerk then read the following letter: Kenneth G. Meyer,City Attorney September 12, 1939 City Council of Des Plaines City Hall Des Plaines, Illinois Gentlemen: You were recently requested by the Fire Marshal to authorize the Mayor and City Clerk to sign the Fire Protection Contract with non- residents with Paragraph three l3) of said contract eliminated, which Paragraph Three (3) reads as follows: 3. The parties hereto further agree that the said non-resident shall not hold the CITY OF DES PLAINES liable for, and will protect the CITY OF DES PLAINES against any claims which may be made growing out of any personal injury or property damage resulting from any accident for which any member of the CITY OF DES PLAINES Fire Department or the CITY OF DES PLAINES Volun- teer Fire Department may be responsible while accompanying the apparatus or equipment of the CITY OF DES PLAINES Fire Department in proceeding to or returning from any fire call to the said non-resident, including any claims for personal injuries to members of the CITY OF DES PLAINES Fire Department or the CITY OF DES PLAINES Volun- teer Fire Department while on duty in response to any call from the said non-resident for fire pro- tection. lcontinued) 188 Kenneth G. Meyer (letter contd.) At your request I enclose a resolution covering this subject matter, but I wish to inform you that if Paragraph Three (3) is taken from the contract in question the City will be unable to look to any such non- resident for contribution or indemnity in case the City is involved in an accident on the Highways outside the city limits. Nor will the City be able to look for contributions or indemnity from such non-residents in case a fireman is injured outside the city limits while answering a non- resident call or attending to a non-resident fire. I repeat that I hold considerable doubt as to the legality of a contract by a municipality with a non-resident whereby the municipality agrees to furnish fire protection, and should the city's fire apparatus be involved in an auto accident on the highways outside the cityAI believe the City would have a difficult case to defeat.' I merely pass this opinion on so that you are fully advised as to why I included Paragraph Three (3) in the contract. You understand, of course, section Three as I drafted it does not relieve us from liability but creates a source of possible contri- bution and indemnity in case the city is sued. Respectfully submitted KENNETH G.MEYER City Attorney of Des Plaines and followed the said letter by the reading of the following proposed resolution: RES 0 L U T I 0 N WHEREAS the City Council of the City of Des Plaines by resolution did hitherto authorize the Mayor and City Ulerk to execute contracts with non-residents whereby the City of Des Plaines, through its paid mire Department and Volunteer Fire Department, agreed to furnish fire protection to such non-residents as signed said contracts as authorized by said resolution: and WHEREAS it is deemed advisable by the City Council, that said contract be modified by eliminating therefrom Paragraph Three (3), which is in words and figures as follows: 3. The parties hereto further agree that the said non-resident shall not hold the CITY OF DES PLAINES LIABLE for, and will protect the CITY OF DES PLAINES a- gainst any claims which may be made grow- ing out of any personal injury or property damage resulting from any accident for which any member of the CITY OF DES PLAINES Fire Department or the CITY OF DES PLAINES Volunteer Fire Department may be responsible while accompanying the apparatus or equip- ment of the CITY OF DES PLAINES Fire Depart- ment in proceeding to or returning from any fire call to the said non-resident, includ- ing any claims for personal injuries to mem- bers of the CITY OF DES PLAINES fire Depart- ment or the CITY OF DES PLAINES VOLUNTEER fire Department while on duty in response to any call from the said non-resident for THEREFORfire protection. THEREFORE,BE IT RESOLVED by the City Council of the City of Des Plaines that the mayor and City Clerk of this City be and they are HEREBY AUTHORIZED to execute said Fire Protection Contracts with the said Paragraph Three (3) hereinbefore quoted eliminated from such contracts. BE IT FURTHER RESOLVED that existing executed contracts be cor- rected so as to eliminate said paragraph 3. 189 The motion was made by Alderman Dopheide and seconded by Carlson to adopt this proposed resolution. The motion was voted upon by acclamation whereupon the Mayor declared the motion unanimously carried and the said resolution adopted. letter: WATER TAP FOR PARK DISTRICT: The Clerk then read the following DES PLAINES PARK DISTRICT September 18,1939 To the Honorable Mayor and L,ity Council City of Des Plaines, Illinois Gentlemen: Permission is requested to make water tap at South Park,corner of Wicke St. and Cora St. It is the intention to use this tap for supplying drinking water to tennis players and others using this playground. Also it is intended to make it easir to keep C\I the tennis courts in better playing condition. We trust that per- t; mission will be granted for this work at cost. Very truly yours Q` DES PLAINES PARK DISTRICT ett Edd R.Schlagel Secretary The motion was made by Alderman Lemke and seconded by Dopheide to grant this request.. The motion was voted upon by acclamation whereupon the Mayor de- clared the motion carried and the said request granted. RESIGNS FROM ZONING BOARD OF APPEALS: The Clerk then read the following letter: 736 Main at Davenport, Iowa 9-4-1939 Hon.Mayor and City Council Gentlemen: I wish to resign from the Zoning Board of Appeals, as my absence from Des Plaines makes it impossible for me to attend the meetings. I do this with reluctance, but the board has only five members and the continued absence of one of the members makes it difficult for them to obtain a quorum. Yours very truly K.W.DOWNING The motion was made by Alderman Carroll and seconded by Johnson to accept this resignation. The Motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the said resignation accepted. APPOINTMENT TO ZONING BOARD OF APPEALS: Mayor Ahbe then announced the following appointment: Mr. Alvah James, as a member of the Zoning Board of Appeals, to complete the unexpired term of K.W.Downing (resigned) expring hpril 30, 1941. The motion was made by Alderman Johnson and seconded by Carroll that the Council confirm this appointment. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the said appointment con- firmed. 1190 TAG DAY PERMIT: The Clerk then read the following letter: PARK RIDGE SCHOOL FOR GIRLS Sept 5 1939 Mr. Fred A.Fulle Des Plaines Co.Publishers Des Plaines, Ill. Dear Mr. Fulle; Each year your City Council has permitted the Federated Charities to gat in your city. We are preparing to hold a tag day again this year and we hope that you will put in a good word for us. We appreciate all you have done for us and hope that thru you, the Council will again permit us to tag in es Plaines. Sincerely R.K.BADGER, Superintendent The motion was made by Alderman Schwanbeck and seconded by Carroll to grant the permit as requested. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. ADVERTISE FOR COAL BIDS FOR MUNICIPAL BUILDING FUEL: The motion was mde by Alderman Loos and seconded by Lemke to instruct the Clerk to advertise for bids for coal for heating the Municipal Building, using the same quantities and the same coal specifications as were used for the 1938-1939 heating season. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. The motion was then made by Alderman Lemke and seconded by Campagna that the Des Plaines Suburban Times be used as the advertising medium for the said coal bids. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. SUGGEST DRIVEWAY BONDS". The motion was made by Alderman Dopheide and seconded by Johnson to instruct the City Attorney to advise the City Council on the advisability of requiring "driveway bonds" for driveways leading across public parkways or sidewalks, and to render an opinion upon the question whether or not the city has power to require "driveway bonds" for business'driveways only and not for residential driveways. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. CUMBERLAND TERRACE REQUESTS STREET LIGHTS: Alderman Lemke re- quested that the necessary steps to be taken to provide six street lights for Cumberland Terrace. Mayor hhbe referred this matter to the Streets and Sidewalks for study and report. REQUESTS MOVING STREET LIGHT: Alderman Henrich requested that the street light located on Des Plaines Avenue between Ellinwood Street and Thacker Street be moved to the next post south. This matter was referred to the Streets and Sidewalks Committee by the Mayor. REPORTS STREET NAME SIGN DOWN: Alderman Henrich reported that a street name sign is down at the corner of Des Plaines Avenue and Walnut Avenue. The Mayor referred this matter to the Superintendent of Public Works for attention. REPORTS DANGEROUS TREE: Alderman Henrich reported a large dead tree branch on a tree located on Lee Street just south of Prairie Avenue, pointing out the danger thereof to the public. This matter'was referred to the streets and Sidewalks Committee by the Mayor. APPROVAL OF BILLS: The Finance Committee through its Chairman, Alderman Johnson then 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 VOUCHER WARRANTS IN PAYMENT OF SAME. 4287 Middle States Tel.Co 4289 Frank A.Bremer & Son 4291 Des Plaines Publ.Co. 4293 Des Plaines Journal 4295 Public Service Co 4297 Des Plaines Publ.Co. 4299 Johnson Electric Shop 4301 Des Plaines Motor Sales 4303 Frank A.Bremer & Son 4305 Des Plaines Publ.Co 4307 Chicago Blue Print Co 4309 Des Plaines Journal 4311 W.Radlein 4313 B.F.Kinder's Sons 4315 B.F.Kinder's Sons 4317 Public Service Co 4319 Bert Sweeney 4321 Nagel Service Station 4323 Monroe Llec.Co. 4325 Standard uil Co 4327 Joe Palmer 4329 Coffman Coal Yard 4331 Public Service Co 4333 Fred Kaufman 4335 Albert hitter 4337 D. Rijani 4339 Pennsy1.0i1 Co.of Evanston 4341 Middle States Tel.Co 4343 James B.Clow a Sons 4345 James B.Clow a Bons 4347 James B.Clow & Sons 4349 Frank A.Bremer & Son 4351 Mrs. Federwitz 4353 Arthur Wright 4355 L.J .chels 4357 C.Ladendorf 4359 Nagel Serv.Sta. 4361 Public Service Co M 13 Des Plaines Journal 36.25 4288 4.38 4290 15.25 4292 17.90 4294 409.56 4296 12.75 4298 3.35 4300 34.07 4302 2.32 4304 7.20 4306 4.65 4308 34.00 4310 46.80 4312 2.98 4314 .92 4316 3.06 4318 35.00 4320 1.00 4322 36.55 4324 .544326 51.50 4328 4.40 4330 3.80 4332 79.20 4334 5.00 4336 14.25 4338 14.94 4340 17.20 4342 8.32 4344 10.50 4346 50.43 4348 9.3743 50 3.92 4352 2.43 4354 3.60 4356 .50 4358 3.90 4360 16.16 4362 8.90 M 14 Middle States Tel.Co. Des Plaines Journal Des Plaines Publ.Co Les Plaines rubl.Co A.'ennicott Middle States Tel.Co Hudson Serv.Sta. Nielsen Studio Drovers Journal Press Middle States Tel.Co. Middle States Tel.Co Middle States Tel.Co Public Service Co Lien Chemical Co Albert Ritter Albert Ritter Purnell & Weilson Inc Eagle Signal Corp Public Service Co Middle States Tel.Co. The Texas Co Middle States Tel.Co Union Linen Supply Co Bert Sweeney Anton Christson A.Marinucci Public Service Co Union Linen Supply Co Des Plaines Merc.Co Axel D.Petterson D P Publ.Co. H.Hedegard Donald Ray Walter H.Richter C.O.Edgerly The Vaporine Co S.S.White Dental Mfg.Co. middle States Tel.Co E.N.Fletcher 19.25 10.50 53.85 14.40 75.00 50.75 97.43 6.00 26.50 8.00 3.00 4.15 23.80 18.44 5.00 55.00 .88 54.69 48.49 9.00 4.40 3.30 3.00 30.00 7.35 10.50 4.80 3.00 2.26 15.75 15.75 4.47 3.97 .54 1.85 3.85 3.87 8.93 239.87 191 The motion was made by Alderman Johnson and seconded by 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, Henrich, Loos, Dopheide, Carlson, Friott, Lemke, Schwanbeck and Campagna. Nays; None. The Mayor thereupon declared the motion carried and the said resolution adopted. APPROVAL OF MINUTES: Each member of the Council having been supplied with a copy of the minutes of the regular Council meeting held Tuesday, September 5, 1939, the motion was made by Alderman Lemke and seconded by Dopheide to approve the said minutes as presented. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the said minutes approved. ADJOURNMENT:jhe motion was made by «lderman Dopheide and seconded by Lemke that the Council adjourn.The motion was voted upo y a m `on whereupon the mayor declared the motion carried and the Council reg EDGAR . . ►, r"� City Clerk