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07/06/1936I E-THACKER PEDESTRIAN UNDERPASS: Mayor Kinder then declared a recess during which recess the details, pertaining to the construction of the Lee -Thacker Underpass were discussed. ADJOURNMENT: Mayor Kinder then re -convened the Council by calling the same to order. The motion was made by Alderman Ahbe and seconded by Frederick to adjourn. The motion was voted upon by acclamation, whereupon the Mayor -declared the motion carried and the Council regularly adjourned. MINUTES OF THE REGULAR TATTRTING OF THE CITY COUNCIL OF THE CITY OF DES PLAIIES HELD IN THE COUNCIL CHAMBERS ON THE 6th DAY OF JULY,A.D.1936 AT THE HOUR OF 8 P.M. CALL TO ORDER: The meeting was called to order by Mayor George W.Einder, presiding, with Aldermen Ahbe, Carroll, Pflukhaupt, MacLuckie-, Fredericka Lemke, Schwanbeck and Campagna responding to the roll call. Aldermen Fulle and Bishop were absent during the entire meeting. The Clerk reported eight alder- men present. REPORTS OF OFFICERS: ing reports: 1.The report for June 1936 - of E.J.Friedrich,City Clerk 2.The report for June 1936 of H.A.Becker Captain of Police. Mayor Kinder ordered these reports placed on file. The Clerk then read the follow - THE JUDICIARY AND ASSESSMENT COMMITTEE had no report to offer. The POLICE AND LICENSE COMMITTEE:HAD no report to offer. THE STREETS AND SIDEWALKS COMMITTEE: through its chairman Alderman Frederick introduced the following proposed resolution which was read by the Clerk: RESOLUTION Hon.Mayor and City Council Gentlemen: Your committee on streets and sidewalks in submitting our report on the Utility Tractor with mower attachment have the following to offer for your approval. 1.Whereas, two bids were submitted in competition, one by the Cass Tractor Co. for 41230.00 on the tractor and $178.00 for the mower and the other by International Tractor Co. for $900.00 Tractor and mower combined, and 2.Whereas after a demonstration by the International Tractor complied with the requirements expected in cutting weeds and tall grass, and 3.YJhereas the price of 4900.00 compared to 41408.00 for the same type of eQuipment was considered very satisfactory, we therefore Resolve suggesting the purchase of the International Tractor with mower attachement price 4900.00 for your consideration. Sincerely yours STREETS AND SIDEWALKS COMMITTEE E.A.Frederick G . W.Pflughaupt , J.W.Lemke 16S The motion was made by Alderman Frederick and seconded by Lemke to adopt this proposed resolution. The Mayor put the question and the Clerk called the roll with the following result: Ayes/ Aldermen Ahbe, Carroll, Pflughaupt, MacLuckie, Frederick, Lemke Schwanbeck and Campagna. mays; None. The Mayor thereupon declared the motion carried and the resolution adopted. The motion was then made by Alderman Frederick and seconded by Lemke to direct the Clerk to issue a formal purchase order to the Tractor and Equipment Co. of Chicago for one International Harvester 1-12 Tractor with Model 112 McCormic-Deering Power Mower attachment as quoted for the sum of p900.00 delivered. The Mayor nut the nuestion and the Clerk called the roll with the following result: Ayes: Aldermen Ahbe, Carroll, rflughaupt, Mac- Luckie, Frederick, Lemke, Schwanbeck and Campagna. Nays; one. The Mayor thereupon declared the motion carried. THE COMNIITTEE ON PUBLIC WORKS. BUILDINGS AND PLTS: had no report to offer. its was THF FIRE COMMITTEE had no report to offer. THE SEWER DRAINAGE AND SANITATION COMMITTEE: through chairman Alderman Lemke submitted the following report which read by the Clerk: Mayor July 6 1936 To the Mayor and City Council The following is a report from your committee on sanitation regarding the mount of garbage buried and the amount of coal used for burning the same. This report covers the period from June 1,1935 to May 28, 1936. Total Total Total Total for for for for Park Ridge Niles Camp Grounds Des Plaines 1088 5 25.5 26.0 1028.0 tons tons tons tons, estimated Grand Total 2168.0 tons From the above towns, not including Des Plaines, a total of 1140 tons was received upon which a charge of $3.00 per ton or a total of 43420.00 was collected. The coal burned during this time was 89.25 tons or one pound of coal per twenty-four and three -tenths pounds of garbage burned. All indicati we will use les future, due to three months. ons up to the present time show that s fuel per ton of garbage burned in the the dry wather Ile have had for the past Your committee on the above J.W.Lemke, chairman Theo. Schwanbeck Kinder ordered this report placed on file. THE WATER COMUTT1i : had no report to offer. OPINION ON OWNERSHIP OF PARKWAYS: Kenneth G.Meyer, City Attorney, then submitted the following opinion which was read by the Clerk: 169 KENNETH G. MEYER Attorney at Law July 6 1936 City Council City of Des Plaines,I11. OPINION ON C.UEST ION OF OWNERSHIP OF PARKWAYS AND CONTROL THEREOF. Gentlemen: In accordance with your request for an opinion on the question witho has title and control of the parkways within the City of Des Plaines?" I wish to advise as follows: 1."Parkway" as spoken of in law and as referred to in this opinion, is that area of land lying between the curb of the pavement constructed for vehicular travel and the sidewalk. 2. Who is the owner of the parkway and what character of title is vested in the owner is dependent on whether the plat of the subdivision is a statutory plat or a common law plat. 3. A statutory plat is one that is prepared and filed strictly in accordance with Chapter 109 of the Illinois Statutes. A common law plat is a plat that has .been prepared and filed, though not strictly in accordance with the statute. 4. In the case of a statutory plat the fee title is vested in the municipality, while in a common law plat the fee title to the street is in the abutting property owners, subject to an easement in the public for travel. The importance of this distinction is apparent in the event a street is vacated, for when a street platted in a statutory plat is vacated, the title to the vacated street remains in the City, while in the case of a street platted in a common law plat, the title to the facated street belongs to the abutting owners. A "street" as defined in law and which definition is found in Volume 4, McQuilland on runicipal law", is a Public way over land in a city, town or village, laid out and opened for travel by the public. It includes sidewalks, crosswalks, gutterways, and the like. The street also includes a space within its bounds between the sidewalks and the roadway set apart for a grass plot." A "parkway" as defined by IcQuillan on municipal corpor- ation, is "neither exclusively a street nor exlusively a park but partakes of the character of both. Not only may public travel be excluded therefrom, but their use as a means of approach to abutting prpperty may be for- bidden. The space between the sidewalk and the roadway is a part of the street, although not intended for actual travel and the munisipality must protect pedestrians and otrer travelers from injuries from defects in such part of the street." The particular parkway in question lies in Des Plaines Manor Tract No.2, and from my examination of the recorded plat of this subdivision, I am of the opinion that it is a statutory plat so that title to the street (Woodlawn Avenue at 2nd Avenue) is in the City of Des Plaines, so that the City has full control over the parkway and may by ordinance specify the character and location of drivewayd over the parkway. I am also of the opinion that streets described by a common law plat are under the full control of the City, so that the City may regulat the character and location of driveways over the parkways. In other words, the distinction between a statutory plat and a common law plat has nothing to do or in no way affects the control that the City has over the use of the street. Respectfully submitted, Kenneth G.eyer 170 The motion was made by Alderman Campagna and seconded by MacLuckie to refer this matter together with this opinion to the Committee on Public Ifforks, Buildings and Plats. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. APPLICATION FOR DRIVEWNAY PERMIT.: The Clerk then submitted to the "council an application from Mr.A.B. Perlin for a permit to construct a concrete driveway across his parkway. The motion was made by Alderman MacLuckie and seconded by Campagna to refer this application to the Committee on Public Works,Buildings and Plats. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. P.W.A.PROJECT NO.7270: The Clerk then read the following proposed resolution: RESOLUTION APPROVING CREDIT QUOTATION FROM R.C.WIEBOLDT COMPANY FOR REINFORCING STEEL USED FOR P.W.A.PROJECT NO.7270. WHEREAS it has been found that 7,524 pounds of re- inforcing steel were left on the side of P.W.A.Project No.7270 by a former contractor, and WHEREAS the said reinforcing steel had been paid for by the City of Des Plaines and the said steel is the property of the City of Des Plaines, and WHEREAS R.C.Wieboldt Co. used the said reinforcing steel in the constriction of Section "A" of the said P.W.A.Project No.727Oand has Quoted the said City a credit as follows to cover the cost of the said steel: 7, 524 lbs. steel 0 $.0197 $148.22. Less 6 pcs.marked 05-S-216(not on site) 5/8" Rd. 21" 6"-134 lbs 5.0197 2.64 Labor cleaning 50 hrs 0 95¢ 47.50 Supervision 6.00 Liability Insurance 2.43 Social security Tax .55 59.12 TOTAL CREDIT . . . $89.10 and Whereas the said quotation has been approved by Carl Riegert, the City's Superintendent of Construction. THEREFORE BE IT RESOLVED that the City Council of the City of Des Plaines does hereby approve the said credit from R.C.Wieboldt Co. in the sum of $89.10, and BE IT FURTHER RESOLVED that the City Clerk be and he is hereby --directed to forward forthv.ith to the State Director P.W.A. for Illinois for"P.W.A.approval five (5) certified copies of this resolution together with five (5) copies of the said quotation officially signed by R, C.Wieboldt Co., and bearing the approval stamp of Carl Riegert, Superintendent of Construction for the City of T)es Plaines. ADOPTED THIS 6th day of Tuly,A.D.19361 AYES: NAYS: City Clerk 1 The motion was made by Alderman Pfiughaupt and seconded by Frederick that this proposed resolution be adopted. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Ahbe, Carroll, Pflughaupt, MacLuckie, Frederick, Lemke, Schwanbeck and Campagna. Nays; None. The Mayor thereupon declared the motion carried and the resolution adopted. P.W.A.PROJECT 7270-Divane Bros. Kenneth G. Meyer, City Attorney, reported that yivane Bros., electri- 1 contractors on the construction of the Water Reser- voir and Softening Plant, P.W.A.Froject 7270 have been offered an additional $300.00 to cover the increased cost of labor, but that the offer was rejected. Re re- ported further that he will approach Divane Bros., surety in an"attempte to induce the surety to complete the con- tract. STOP AND GO LIGHTS FOR MINTER STREET: The Clerk then read the following letters DES PLAINES BUSINESS ALN' S A SS tN. June 10,1936 City Council City of Des Plaines Gentlemen: The Des Plaines Business Men's Association would like to voice it's approval of your recent efforts to install electric sto j and go traffic lights on the principal intersecting streets of our Northwest High-vvay. With the completion of Lee Street almost a reality, our traffic problem will be doubly troublesome, and we believe the installation of traffic lights on Miner Street at the corners of River Road, Pearson Street, Lee Street and Graceiand Avenue, would be a big help in"keeping "our business district free from traffic congestion. We recommend that you do all you can to realize this traffic light installation as soon as possible Very truly yours, HURRAY S .SMITH Secretary The motion was made by Alderman Ahbe and seconded by Carroll to refer this letter to the Streets and Sidewalks Committee with instructions" to get information as to whether or not such stop and go lights could be installed, and if so whether the State Highway Department would`bear the expense of installation, or whether the State Highti+ay Department would approve the use of gas tax funds for such a purpose. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. SPECIAL ASSESSENT FUNDS HELD BY COUNTY: The Clerk then submitted the audit recently made by R.L.Pearce and Company and read the following letters 171 172 R.L.PEARCE & COMPANY July 3,1936 Mr.Edgar J.Friedrich,City Clerk City of Des Plaines,Illinois Dear Sir: We are enclosing herewith two copies of our report covering Special Assessments Redeemed and Not Remitted to the City, for the period. December 3,1934 to April 30,1936. A copy is also being forwarded to the County Clerk of Cook County. attached. Our bill covering services rendered is hereto Yours very truly, R.L.PEARCE & COMPANY The motion was made by Alderman Ahbe and seconded by Frederick to direct 'Kenneth G.Meyer, 'City Attorney, to make a demand upon the -County of Cdok for immediate release of the 11,334.59 held'by the said County. The motion as voted upon by accla- mation, whereupon the Mayor declared the motion carried. WIT() PARKING.'" ZONE ON WEBPORD AVENUE: - The Clerk then read the following proposed ordinance for first reading: AN ORDINANCE PROHIBITING PARKING OF VEHICLES BE IT ORDAINED by the City Council of the City of Des Plaines,Cook County, Illinois: SECTION I. It shall be unlawful for any person, firm'or odrporation, owning, -controlling or Operating any vehicle, to park same for any purpose Whatsoever on -the north side of Viebford Avenue between the west cubline of Graceland Avenue and a point one Hundred fifty (150) feet west thereof. SECTION 2. APpropriate signs designating no parking at the location herein described shall be erected at each end of said no parking" zone. SECTION 3. Any person, firm or corporation violating the provisions of this ordinance shall be fined not more than One Hundred Dollars ($100.00) SECTION 4. AJ.I ordinandes-Or-Parts of ordinances in conflict herewith are hereby repealed. SECTIO115. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. Passed this day of 1936 City Clerk Approved this day of 1936. Mayor The motion was made by Alderman Ahbe and seconded by Frederick to suspend the rules and to put this proposed ordinance upon its final passage at this meeting. The Mayor put the question and the Clerk called the roll with the follow- ing result: Ayes; Aldermen Ahbe, Carroll, Pflughaupt, MacLuckie, Frederick, Lemke, Schwanbeck and Campagna. Nays; None. The Mayor thereupon declared the motion carried and the rules suspended. The "motion was then made by Alderman Lemke and seconded by Frederick to finally pass and adopt this proposed ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Ahbe, Carroll, Pflughaupt; MacLuckie, Frederick, Lemke, Schwanbeck and Campagna. Nays;"None. The Mayor thereupon declared the motion carried and the ordinance pased. The motion was then made by Alderman Frederick and seconded by Lemke to instruct the Clerk to cause this ordinance to be published in the Des Plaines Journal. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Ahbe, Carroll, Pflughaupt, MacLuckie, Frederick, Lemke, 'Schwanbeck and Campagna. Tlays; None. The Mayor thereupon declared the motion carried. DOG CATCHER: Alderman Frederick reported that it was found necessary to dismiss the dog-catcher and engage another. The Clerk then read the following letter: Mr. Lempke Dear Sir: On Friday July 3rd at 10.40 A.M. Dog coaxed from my yard into the street and taken to the pound, by two men in a squad car. One of these men being chief Becker. I can furnish proof of this fact. This is an unlawful act in Illinois. E.K.Trimble 848 North Ave Des Plaines,Illinois (Officer Hammerl was also in squad car.) _ The motion was made by Alderman MacLuckie and seconded by Ahbe to refer this letter to the Police and License Committee. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. APPROVAL OF BIT.T.S AND SALARIES: Alderman Pflughaupt chairman of the finance Cowuiittee then introduced the following propoNed resolution& 1 1'3 '3 174 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. SAID WARRANTS TO BE RELEASED UPON ORDER OF THE FINANCE COMMITME WHEN FUNDS ARE AVAILABLE. Gener Ck.# Name 921 George W.Linder 923 James 925 G.W.Pflughaupt 927 E.D.Macituckie 929 J.W.Lemke 931 The .S chwa.nbeck 933. O.W.J.Henrich 935 Grace Rexses 937 Krs•L.A.Willer 939 R:Hammerl 941 E.Meyer 943 J.Wigham 945 A.D.Flentge 947 E:P •St rempe I 1062-H.A.Becker(in adv.) 950 Tames Conte 952 M.D.Wells 954 Richard Guenther 956 G.Kaufman 958 L•jannusGh 960 .Hulke 962 A.TOhnson 964 Geo Meyer 966 Paul Sasso 96$ Frank Fischer 970 Hugh Moore 972 Fred Kaufman 974 Richard Guenther 976 B.H.Stangor 978 Edw.Geisen 979 Elsie Earle 981 Ione Currier 983 Des Plaines Band 984 Fritz Wettin 986 Rolland Pagel. • • . al Corporate Amt Ck# Name 22.50 922 Hobart Ahbe 13.50 924 Fred Fulle 13.50926 C.L.Bishop 928 E.A.Frederick 930 S.C.Campagna 932 E.J.Friedrich 934 Pearl E4elling 936 Gladys LeRette 938 H.A.Becker 940 E.Drexler 942 F.CheeTer 944 B.C.Foote 946 Z.W.Grindley R.Robins on Kenneth a.Meyer Henry Allen 13.50 13.50 13.50 83.33 42.50 18.75 80.00 74.25 74.25 45.00 45.00 948 90.00 949 55.00 951 Vehicle 78.75 953 33.23 955 18.00 957 10.80 959 10.80 961 7.20 963 10.80 965 7.20 967 Water 72.00 969 56.00 971 30.00 973 21.47 975 Fire 74.25 977 1.00 Library. 80.00 980 50.00 982 Band 31.70 Garbage 67.50 985 Adolph Esser 67.50 67.50 987 Richard Guenther 31.92 Herman Mei nshausen Frank Robinson F.Baldochi Zoe Balbur L.Payne Frank aaebel Geo.Jacks Frank Lobinsky •Tohn Wetendorf Clem Knittle Iohn Harms John Larson Ray Kolze Mrs.G.Cook Albert Kranz amt 13.50 13.50 13.50 13.50 13.50 112.50 42.50 40.00 90.00 74.25 74.25 52.50 45.00 16.00 83.33 67.50 81.64 30:60 14.40 10.80 9.00 7.20 7.20 3.60 72.00 56.00 15.60 3.60 13.50 50.00 25.00 988 Middle States Tel 25.00 989 990 Frank A.Bremer &S 3:55 991 992 Middle States Tel 13.75 993 994 W.S.Darley & Co - 5.92 99-5 996 Middle States Tel. 3.00 1063 997 Hartless Aust L 1.50 998 999 DesPl.Tourna.1- 5.67 1000 1001 -Middle St •Tel.00 2565 1002 1064 Sodini & Gabbani 6.81 1003 1004- Public Sery Co 1006 Aust.West Rd. tachy 1006 Des PI.Merc.Co 1010 Meyercord Co 1012 ReD.Paint & Varn 1014 Meyer Coal & MatI.0 1066 Te s sent s Serv.Sta 1016 Public Sery City Clk Petty Gsh 6.00 Des Plaines Tournal .41 Des Plaines Sournal 7.10 Public Serv.Co 402.03 Sessents Serv•Sta 4.85 Agus 1Lfg .0 o 54.00 City Clk Petty Csh 2.00 Purnell & Wilson 171.04 Middle States Tel 3.00 .75 1005 Public Serv.Co 11.41 20.24 1007 Lord & Burnham Co .77 .63 1009 Des Pl•Journal 2.70 1225 1011 Lagerhausen Lbr 36.62 23.50 1013 Suburban Pay & 1mpr$260.00 114.00 1065 Harold's Texaco Sta 3.00 10.08 1015 Otto W.T.Henrich 307.30 826.25 1017 Publ.Sery•Co 1.98 1018 Middle States Tel.Co 1020 Inland Supply Go 1022 Lag.Lbr & Coal 1024 Ethel Kacenak 1026 Paul Schroeder 1028 C.L.Davidson 1068 Axel D.l'etterson 1030 V.L.Spiegler 1032 Alvin Kuhlman 1034 Henry Wolf 1036 Geo.Lagerhausen 1038 RaylColze 1040 EdW.NageI 1042 Ed.Geisen 1044 A.W.Collignon ' 1046 Averill-Ladendorf 1048 Grt.Lakes Plat:Co 1050 Mid.States Tel. 10/0 Nagel Co 1062 Public Serv.Co 1053 earl Riegert 912 Henry Allen 915 Henry Allen 1004 1056 1058 1060 1072 1074 Eugene Dietzgen Pennsyl.0il 'Co Middle States Tel.Co Public 'Serv.Co Rand-Graeeland Auto Otto W.J.Henrich 1076 Otto-W..J.Henrich The motion was made by Alderman Pflughaupt and seconded b: MacLuckie to adopt this proposed resolution.-- The Mayor put ' the question and the Clerk called the roll with the following result: Ayes; -Aldermen Ahbe, Carroll, Pflughaupt, MacLuckie, Frederick, Lemke, Schwanbeck and Campagna. Nays; None. The Mayor 'thereupon declared the motion carried and the resolution adopted. 15.40 21.04 7.40 2.40 .66 3:06 9.00 4:00 4.00 4:00 4.00 4:00 4.00 4:00 1019 1021 1023 1025 1027 1067 1029 1031 1033 1035 1037 1039 1041 1043 4.00 1045 8.00 1047 8.50 1049 3:75 1069 5.911051 9.28v1071 1.73 911 .2.00 914 12.00 920 1.87 1055 38.86 1057 3.90' 1059 5.901061 30.85 1073 79:06 1075 507.00 175 1 �. Union Linen Supply 1.50 Albert Schmidt 10.00 H.C.Turner 3.09 Louise Jahncke 2.15 .M.Lawyer ' .07 Jessents Sery Sta 15.39 Harold Petterson 4.00 Alfred Wille 4.00 John Hammer' 4.00 Walter Lagerhausen 4.00 Manz, Carl Wallace Kinder Ben Stangor Louis Bierman H.C.Manz & Son Am.LaFr & Foam Ind 13.68 Sub.Pav & Impr _ 177.60 Axel D.Petterson .75 Cafson Pirie Scott 48.26 Des Pl:Merc.Co 7.47 Carl Ri eg a rt 60.00 Carl Riegert 60.00 Carl Riegert 60.00 4.00 4.00 4:00 4.00 -8.00 Pure Oil Prod. 14.34 Meyer Coal & Mat 34:.32 City of Des Plaines 3.40 (Water) Union Linen Supply 1.50 Axel Petterson 5.00 Otto W.S.Henrich 436.10 :APPROVAL OF MINUTES: The motion vias made by Alderman Ahbe and seconded -by I'Tlughaupt to approve the minutes of the regular Council meeting of June 15,1936 as well as the minutes of the adjourned Council meeting held June 22;1936" as written. The -Motion was voted -upon by 'acclamation,whereupon the Mayor declared the motion carried and the said minutes approved. WALKS ON TEACHER STREET OVER S00 LINE: Alderman Lemke requested that the Clerk write a letter to the Soo Line Railroad insisting that the walk on the north side of Thacker Street over the Soo Line right-of-way be taken up and re-laid. DANGER SIGNS ON DEAD-END STREETS: Alderman Lemke Called the Council's 'attention t0 the fact that there are many dead-end streets` in the fourth ward which should be provided with "Danger'" signs for public safety. Mayor Kinder referred this matter to the Streets and Sidewalks Committee. ADJOURNMENT : The motion was made by Alderman Ahbe and s econded by Schwanbeck that the Council now adjourn. -The motion was voted upon by acclamation whereupon theMayor declared the motion carried and the Council re -ulcer adjourned. dr fas. -s "-wily _, -- - A i 416.- , iii4oliiin -a-.......4-46. _....di - wane - 00RICH, ity A er