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07/05/1938654 REMOVING BOULDERS FROM PARKWAYS: Alderman Schwanbeck called the Council's attention to the danger caused by boulders and carriage blocks upon parkways. Kenneth G. Meyer gave and oral opinion stating that the parkways are City property and that the City may at will remove such objects therefrom. THANKS FOR FLOWER BOX: The motion was made by Alder- man Pflughaupt and seconded by Alderman Campagna to instruct the Clerk to write a letter of thanks to the Des Plaines Woman's Club expressing the Council's appreciation for the beautiful flower box and flowers placed above the entrance bo the Municipal Building. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. MOTOR-SKOOTER HAZARD: Upon the suggestion of Alder- man Henrich the matter of regulation of "Motor Skooters* was referred to the City Marshal for enforcement. REQUEST FOR SHOOTING GALLERY: Mr. Roy E. Hampton of 1501 Towler Avenue, Evanston, Illinois then addressed the Council demonstrating his proposed shooting gallery for which he requested a permit (see letter requesting permit recorded in minutes of June 6, 1938). Mayor Ahbe referred this matter to the Police and License Committee for investigation and report. ADJOURNMENT: The motion was made by Alderman Lemke and seconded by Alderman Campagna to adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the Council regula? -djourned. RICH, City Cle MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS ON TUESDAY, JULY 5, 1938 AT 8:00 P.M._ Since the date of the regular council meeting was Monday, July 4th, a legal holiday, the meeting was automatically postponed to Tuesday July 5, 1938. CALLTO ORDER: The meeting was called to order by Mayor Hobart M. Ahbe presiding with Aldermen Carroll, Johnson, Pflughaupt, Henrich, Garland, Dopheide, Friott, Schwanbeck, and Campagna responding to the roll call. Alderman Lemke was absent because of his vacation. REPORTS OF OFFICERS: The Clerk then submitted the following reports for June, 1938: The report of Edgar J. Friedrich, City Clerk. The report of Criers. M. Larson, City Treasurer. 1HE JUDICIARY AND ASSESSMENT COMMITTKK had no report THE POLICE & LICENSE COMMITTEE had no report to THE STREETS AND SIDEWALKS COMMITTEE: The Glerk then read the following report: to offer. offer. 655 To the Chairman Schwanbeck, Streets & Sidewalks committee, at the meeting of the City Council, helii June 20, 1938 the following matter was referred to your committee: The attached letter from Mrs. F.H. Perkins dated June 9, 1938 claiming the sum of 238c,O0 for extras due the late Frank Perkins (Perkins Electric) in connection with the installation of the Stop and Go lights on Miner Street. NOTE: The claims for these extras originally submitted was :173.75 as recorded in the minutes of June 6, 1938. E.J.Friedrich, City Clerk. To the Mayor and City Council: Your Committee on Streets & Sidewalks has investigated the above and has found that this work was extra work on the original contract which covered the installation of the Stop and Go Traffic Lights at the intersections of Miner Street with Lee Street and River Road. The Stop and Go lights at the intersection of Lee Street and Ellinwood were installed as an extra on the original contract at an estimated cost of $1,600.00. When this work was per- formed it was found necessary to install additional conduit under the Chicago and Northwestern tracks and to make certain changes in the signal control which was not included in the $1,600.00 estimate. For these changes Mr. Perkins asked an additional 3173.75. This has been explained to Mr. Rademacher, bookkeeper for Mrs. Perkins and he promised to submit bills and invoices substantiating this amount. `We, your Committee on Streets and Sidewalks, therefore re- commend: That the City Clark be instructed to submit these bills and invoices, as soon as they have been received, to the State Highway Department in order that this money may be released. Signed committee: T. Schwanbeck H.E. Friott S. Campagna The motion was made by Alderman Campagna and seconded by Alderman Garland to concur in this report. The motion was voted upon by acclamation'wnereupon the Mayor declared the motion carried and the report concurred in. The Clerk then read the following report: To the Chairmen E.N. Fletcher, My Engineer, and Theo. Schwanbeck, at the meeting of the Gity Council held June 20, 1938 the following matter was referred to your committee: The bids received for materials for the construction of 4 -CS (White Street) also known as Arterial Street No. 2, which were opened and read June 20, 1938. The bids were referred to E.N. Fletcher, Gity Engineer for tabulation and were referred to, the Streets & Sidewalks committee with full power to act subject to the approval of the State High- way Department. A copy of the notide as well as tabulation of the bids are attached hereto. E.J. Friedrich, City Clerk. 656 Your Committee on Streets and Sidewalks has acted as follows: With the approval of the State Highway Department the material listed under the following groups has been awarded to the low bidder: Group 3 -8" Sbrm Sewer to Atwood Davis Sand Co. Group 4 -12" Culvert pipe to Material Service Co. .Group 5 -Manhole, catch basin, inlet grates to Monsen and Dannehausen Group 6 -Masonry brick and Group 7 -Segmental concrete blocks were alternates and nas been selected and awarded to Monsen and Dannehausen. Group 8 -8" half traps to Material Service Corp. Bids on Items in Groups No. 1 and No. 2 - crushed stone and screenings were rejected by the State Highway Department as too high and new bids have been advertised for. Signed, committee, T. Schwanbeck H.E. Priott S. Campagna The motion was made by Alderman Schwanbeck and seconded by Alderman Pflughaupt to concur in this report. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and this report concurred in. The Clerk then also read the following report: To the Chairman Schwanbeck, Streets and Sidewalks committee, at the meeting of the City Council, held June 20, 1938, the following matter was referred to your committee: The claim of Mrs. Ida Humbert, Mt. Prospect, I11., in the sum of $6.30 for alleged injuries suffered because of a faulty sidewalk (see original claim recorded in minutes of August 2, 19.37). A copy of the original claim is attached hereto. E.J.Friedrich, City Clerk Your Committee on Streets and Sidewalks has investigated the above and wish to report that the claim be denied. Signed, Committee, T. Schwanbeck H.E. Friott S. Campagna The motion was made by Alderman Campagna and seconded by Alderman Henrich to concur in tail report. The motion was voted upon by acclamation whereupon tne Mayor declared the motion carried and the said report concurred in. THE COMMITTEE ON PUBLIC WORKS, BUILDINGS, & PLATS: The Clerk then read the following report: To tne Chairman Campagna, Public Works, Bldgs. & Plats committee, at the meeting of the City Council, held June 20, 1938 the following matter was referred to your committee: The request from the Des Plaines Woman's Club for permission to use the council chambers for their regular meetings during the 1938-39 club season, was referred to your committee for report. A copy of the request is attached hereto. E.J.Friedrich, City Clerk. To the Mayor and City Council: Your Committee on Public Works, Bldgs. & Plats has investigated the above and has found that the dates requested in their letter do not conflict with Des Plaines City Council meetings. We, Your Committee on Public Works, Bldgs. & Plats tnerefnre recommend that the request be granted. Signed, committee, S. Campagna H.E. Friott 657 The motion was made by Alderman Campagna and seconded by Alderman Pflughaupt to concur in this report. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the report concurred in. THE SEWER, DRAINAGE AND SANITATION CO UITTEE: through its chairman Alderman Dopheide,'reported that in order to eliminate tree sewer gas odors at Alles and Perry Streets, estimates are being prepared for the replacement of a number of worn out sewer traps in this area. THE MATER COMMITTEE: had no report to offer. THE FIRE COMMITTEE: had no report to offer. • APPROVAL OF BRANIGAR'S PLAT: The Clark then submitted for council approval a plat (together with restrictions per- taining thereto) entitled: BRANIGAR'S CUMBERLANn TERRACE Being a Subdivision in Section 18, Town- ship 41 North, Range 12, East of tne Third Principal Meridian in Cook County, Illinois. The motion was made by Alderman Dopheie and seconded by Alderman Campagna to approve the said plat togetner with restrictions submitted Herewith, and to authorize and direct the Mayor and City Clark to' sign the said plat and restrictions for and. in the name of the City of Des Plaines. The motion was voted upon by'acclamation whereupon the Mayor declared the motion carried and the said plat and restrictions approved. APPROVAL OF WHITE STREET DEDICATION: The Clerk then submitted for Council approval a" plat dedicating for street purposes the West half of White Street from the center line of Everett Avenue southward to tine center line of Howard Avenue entitled: WHITE STREET Easement for Right -of -Way for Street Purposes in E- of the S.E. of N.E. of Section 29-41-12 in the City of Des Plaines, Cook County, I1"linois. The motion was made by Alderman Garland and seconded by Alderman Campagna to approve this plat and to direct the Mayor and City Clerk to sign the said plat for and in the name of - the City of Des Plaines. The motion was voted'. upon by acclamation whereupon the Mavor declared the motion carried and the said plat approved. REPORT ON FLOOD: Edgar N. Fletcher, City Engineer, then reported that the recent heavy rainfall caused an un- usual flooding of the area about Des Plaines, causing the nigh water mark to reacn an elevation of 51 feet. He stated that tne normal elevation is about 35 feet. NEW ARTERIAL STREETS APPROVED: The Clerk then read the following letter: Department of Public Works and Buildings DIVISION OF HIGHWAYS Springfield, Illinois June 28, 1938 City M.F.T. Des Plaines Arterial. Streets 658 Mr. Edgar J. Friedrich, City Clerk Des Plaines, Illinois Dear Sir: The additional Arterial Streets designated by the City Council June 6, 1938 were approved today in the fdllowing locations: ARTERIAL ST. #5 Pearson St. from .Thacker St. to Des Pl=ines Ave. ARTERIAL ST.6 First Ave. and Graceland Ave. from Lee St. to Rand Rd. ARTERIAL ST. #7 Garland Place from Miner St. to Rand Road ARTERIAL ST. #8 Prospect Ave. Circle Ave., and Everett St. from Lee St. to White St. Very truly yours, Signed: ERNST LUBERMAN, Chief Highway Engineer Mayor Ahbe ordered this letter placed on file. RESOLUTION FOR PAVING ADDITIONAL STREETS: The Clerk then read the following proposed resolution: RESOLUTION For Improvement by Municipality Under The Motor Fuel Tax Law. BE IT RESOL'''D, by the Council of the City of Des Plaines, Illinois that the following described street be improved under the Motor Fuel Tax Law: Prospect, Circle, and Everett Streets, which are also known as Arterial Street No. 8 from Lee Street to Waite Street, a distance of approximately 3,000 feet, and BE IT FURTHER RESOLTED, (1) that the proposed improvement consist of grading, graining, and surfacing - surfacing to consist of a 7' water bound macadam base with a 14 subclass A-1 Bituminous wearing surface, construction 20 feet wide and shall be designated as 5 -CS. (2) that there is hereby appropriated the sum of ten thousand dollars (310,000.00) for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. (3) that said work shall be done by day labor and contract; and, BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the Department of Public Yorks and Buildings, Division of Highways, through its District Engineer's office at Chicago, Illinois. PASSED this day of 1938. City Clerk ADOPTED tai s day cf _ 1938. Mayor The motion was made by Alderman Schwanbeck and seconded by Alderman Pflughaupt to adopt tais proposed resolution. The motion was voted upon by acclamation whereupon the Mayor declared the motion unanimously carried. PROHIBITING HEAVY TRUCKS ON KEENEY AVENUE: The Clerk tnen read the following proposed ordinance for second reading; AN ORDINANCE PRESCRIBING MAXIMUM WEIGHT OF VEHICLES PERMITTED ON KEENED AVENUE, ALSO KNOWN AS STATE ROUTE 62. The motion was made by Alderman Garland and sec- onded by Alderman Campagna to finally pass and adopt tnis proposed ordinance. The Mayor put the question and the Clerk called the roll with,tne following result: Ayes; Aldermen Carroll, Johnson, Pflughaupt, Henrich, Garland, Dopheide, Friott, Schwanbeck, and Campagna. Nays; None. The Mayor thereupon declared the motion carried and the ordinance passed. The motion was then made by Alderman Pflughaupt and seconded by Alderman Henrich to instruct the Clerk to publish this ordinance in the "Des Plaines Suburban Times." The motion was voted upon by acclamation when®upon the Mayor declared the motion carried. REVISING WARD BOUNDARIES: The Clerk then read for v.first reading a proposed ordinance entitled: AN ORDINANCE AMENDING SECTION 190 ENTITLED "FIRST WARD" AND SECTION 193 ENTITLED "FOURTH WARD*, OF AR- TICLE I1 ENTITLED "WARDS*, OF CHAP- TER 6 OF THE MUNICIPAL CODE OF THE CITY OF DES PLAI NES OF 1928. The motion was made by Alderman. Garland and seconded By alderman Henrich to suspend the rules and place this proposed ordinance upon its final passage. The Masror put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Pflughaupt, Henrich, Garland, Dopneide, Friott, Schwanbeck, and Campagna. Nays; None. The Mayor thereupon declared the Illation carried, the rules suspended and the proposed ordinance before the Council for final disposition. The motion was then made by Alderman Johnson and seconded by Alderman Garland 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 Carroll, Johnson, Pflughaupt, Henrich, Garland, Dopheide, Friott, Schwanbeck, and Campagna. Natrs; None. The Mayor thereupon declared the motion carried and the said ordinance passed. ANNOUNCE NEW FEDERAL WORKS PROGRAM: The Clerk then read the following letter: Dear Sir: Tne Federal government is making availabel July 1, to State, municipalities and private industry a fund of five and one-half billion dollars, appropriated by the seventy- fifth Congress, to.be used largely for public works. This fund is to be distributed in the form of grants and loans through the 'Works Progress ,Administration, the Public Works Administration, and by, the activities of the Civilian Conser- vation Carps and the Reconstruction Finance Corporation. OFFICE OF THE GO'TERUOR Springfield July 1, 1938 660 In Illinois, the problem of unemployment continues to be a pressing one, and the State and local relief loads continue heavy. I am addressing this communication to every mayor and every county board chairman of the state and urging that he do all within his power in behalf of tris community to embrace the opportunity of the new federal financial offers to create employment and local improvements, and at the same time thereby lighten, where they can be lightened, the present State and local relief loads. Public expenditures of this nature., wisely directed, so far as employment is concerned, can be made most beneficial. In almost every county in our State, for the benefit of the present and future generations, there are new schools and hospitals, roadways and bridges, waterworks and sewage systems and like improvements that have been built with the assistance of federal funds. le can assume that men and women will not stay on direct relief if they can get jobs elsewhere. Between 1933 and 1937 a large proportion of those who had been on relief went back into private industry. The only reason more did not go back is because there were not enough jobs for them in private industry. This naw federal fund offer does provide communities the opportunity of creating employment by useful public works which will attradt the unemployed. Vigorous action on the part of city and other municipal administrations is necessary in order to meet the new opportunities offered by the Federal government beginning July 1. Therefore, I urge all municipalities to give the new public works program their prompt consideration - many communities of the State have already done so - that employment may not only be created, but our heavy existing direct relief load may be materially lightened. Very truly yours, Signed: HENRY HORNER, Governor Manor Ahbe ordered this letter placed on file. BIDS ON DES PLAINES VILLAS GATE POSTS: The Clerk then announced that one bid has been received for repairing the orna- mental gates at the entrance to Des Plaines Villas. The motion was made by Alderman Dopneide and seconded by Alderman Carroll to instruct the Clerk to open and read the said bid. The motion_ was voted upon by acclamation whereupon the Mayor declared the motion carried. The Clerk thereupon opened the said bid and read the same as follows: July 5, 1.98 To The Honorable Mayor and City Co""ncil of Des Plaines, Illinois. I hereby submit this alternate proposal to replace all panels, consisting of 72 lower and 56 upper, in the gateposts on the following streets, Third Ave., S.E. Drive, S.V. Drive and WotS Road at the intersection of Algonquin Road; and Third Ave., N.E. Drive, N.W. Drive and Wolf Road at the intersection of Thacker Street. Repair and point up corner posts where necessary. Line up and point up all ornamental columns. Broken tile on roods, if any, to be replaced. Panesi to be constructed of galvanized wire lath'on channel iron anchored into concrete corner posts. The channel iron in panels to be braced against each other to make the panels rigind and an integral part of the post. This lath is to be covered with water- proof cement plaster one inch thick, consisting of one scratch coat 661 one brown coat of gray waterproof cement and a coat o white waterproof cement, floated smooth. Upon completion of the panels and pointing up, the entire construction of posts to be covered with a waterproof coat of wnite cement brush coat to obtain a unifrom appearance. Tnis work to be done for the sum of $780.00 payable as follows: $300.00 upon colupletion of brown coat in all panels, the balance - :480.00 upon completion and acceptance of completed work. All material and equipment for tnis work to be furnished by the bidder and removed upon completion of the work. All debris from broken panels to be removed by city trucks. Vines to be removed from posts by city before Commencement of work. These panels tote guaranteed against defects in material and workmanship for a period of 10 years. Pointing up and brush coat guaranteed for 3 years. Respectfully submitted, Signed: ARNOLD G. LARBEN, 1519 Des Plaines AVP. Des Plaines, Illinois July 5, 1938 To the Honorable Mayor and City Council of Des Plaines, 111. I hereby submit this propoaal to repair the- gateposts on the following streets: Third Ave. S.E. Drive and S.Drive and Wolf Road at the intersection of Algonquin Road, and Tnird Ave. N.E. Drive, N.W. Drive and Wolf Road at the intersection of Thacker Street. Work to consist of replacing all broken panels in above desig- nated gateposts. Namely, Third Ave. So. 6 lower 1 upper S.E. Drive 8 " S.W. Drive 8 Wolf Rd. So. 4 Third Ave. No. 8 " 1 " N.E. Drive 7 " 1 '" N.W. Drive 8 " 3 ++ Wolf Rd. No. 3 ' 1 " Panels to be constructed of galvanized wire lath on channel iron which will be anchored in concrete corner posts, and will be braced against each other wherever possible to insure rigidity. This lath to be covered with a water -proof cement plaster one inch thick, and to consist of one scratch coat, one brown coat of gray waterproof cement, and a coat of white waterproof cement, floated smooth. Remainder of panels to be pointed up with waterproof mortar to make them weather tight. Posts are also to be repaired and pointed up where necessary. Ornamental columns to be lined up into proper position and pointed up. Broken tile on roofs, if any, to. be replaced. Upon completion of panels and pointing up, the entire post assembly to be covered with a waterproof coat of white cement brush coat to obtain a uniform -appearance. This work to be done for the sum of $486.00 payable as 662 follows: $200.00 upon completion of brown coat in replaced. panele, the balance -$286.00 upon completion and acceptance of completed work. All materials and equipment for work to be furnished by the bidder and removed upon completion of the work. All debris from broken panels to be removed by city trucks. City to remove vines from posts before commencement of the work. New panels to be guaranteed unconditionally against defects in material and workmanship for a period of three years if vines are kept removed from the posts. There is no guarantee on repaired panels. Respectfully submitted, Signed: ARNOLD G. LARSEN, 1519 Des Plaines Ava . Des Plaines, Illinois The motion was made by Alderman Carroll and seconded by Alderman Garland to refer these bids to the Streets and Side- walks Committee for study and report. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. SPECIAL ASSESSMENT WARRANT # 12: Kenneth G. Meyer, City Attorney, then reported that Mr. James F. Boyland repre- sents the holder of several bonds of Special Assessment # 12, which matured in 1911 and is demanding payment of the said bonds. The motion was made by Alderman Garland and seconded by, Alderman Pflughaupt to refer this matter to the Finance Committee for study and report. The motion was voted upon by acclamation whereupon the Mai►or declared the motion carried. APPROVAL OF BILLS: Alderman Pflughaupt, Chairman of the Finance Committee then introduced the, following proposed resolution: RESOLVED THAT THE FOLLOWING BILLS AND WAGES ARE DUE AND PAYABLE ANT THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO ISSUE PROPER VOUCHER WARRANTS IN PAY- MENT OF THE SAME. 1268 Middle States Tel. Co. 34.00 1270 Middle States Tel. Co. 18.25 1272 Coffman Coal Yard 49.50 1274 F. Shepard 10.80 1276 A. Kenniaott 75.00 1278 Des Plaines Realty Co 201.71 1280 Kruse Bors. Serv. Sta. 77.77 1282 Kruse Broe. Serv. Sta. 4.31 1284 Middle States Tel. Co. 7.75 1286 Kenneth G. Meyer 5.00 1288 Frank Scharringhausen 36.00 1290 Albert Ritter 65.00 1292 Ray Palmer 36.00 1294 Mike Mihalo 14.40 1296 Walter McCann 7.20 1298 Clark Serv. Sta. 48.77 1300 Des Plaines Journal 2.10 1302 E. Geisen 26.40 1304 Am. LaFrance & Fomite 27.03 1306 Oxygen Equipt. Co. 1.91 1308 V.L. Spiegler 6.00 1310 Alvin Kuhlman 6.00 1112 Henry Wolf 6.00 3141 George Lagerhausen 6.00 1316 Ray Kolze 6.00 1318 Edward Naael 6.00 1320 Edward Giesen 6.00 1322 A.W. Collignon 6.00 1324 Adolph Esser 6.00 1269 Frank A. Bremer & Son 1271 A & P Tea Co 1273 C. Esser 1275 Rielly Signs 1277 Middle States Tel. Co. 1279 Frank A. Bremer & Son. 1281 Shaw -Walker 1283 Nielsen Studio 1285 Jessen's Serv. Sta 1287 Middle States Tel. Co. 1289 Des Plaines Journal 1291 Bert Sweeney 1293 H. Haedicke 1295 Fred Tegtmeier 1297 Purnell & Wilson, Inc. 1299 Frank A. Bremer & Son 1301 L. Bierman 103 Des P1. Vol dire Dept. 1305 Kruse Serv. Sta. 1307 Middle States Tel. Co. 1309 Alfred Wille 1311 John Hammerl. 113 Walter Lagerhausen 1315 Carl Manz 1317 Wallace Kinder 1319 Ben Stangor 1321 Louis Bierman 1323 Homer Coffman 1325 Andrew Geisen .36 5.00 1.35 3.00 19.35 45.68 44.00 24.61 10.05 3.00 3.40 210 .60 7.20 6.86 2.47 31.20 250.00 4.27 6.08 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 1326 Lagernausen Lbr. & Coal 5.87 1328 Des Plaines Band 79.75 1330 Blenkle Coal & Mat1 148.40 1332 Des Plaines Journal 3.30 1134 Des P1. Publ . Co. 4.10 136 Prairie -Lee Paint Store 60.87 1338 Maine Auto Sery Go 3.00 1340 Des Plaines Motor Sales 4.11 1342 Mueller's Sery Sta 51.41 1144 Fred Kaufman 60.00 1346 Bert Sweeney 10.00 1148 Harry Bending 6.co 1350 Pure Oil Prod Co 16.22 1352 Meyer Coal & Matt. Co. 1.33 1354 Public Service Co 731.95 1356 A.G. Siegfort 61.00 1358 Carl Zinser 13.00 1360 Passarelli Bros 5d.00 1362 Duratred Go. 5.67 1164 Richard Poyer 5.56 1366 Purnell & Wilson .88 1368 Sub. Automotive Suply 4.90 1370 Clark Serv. Sta. 29.47 1372 Inland Sup ply Co. 9.75 1374 Des Plaines Publ . Go. 12.25 663 1327 Harry B. Jay 10.00 1329 D.P. Vol Fire Dept. 152.74 1331 Meyer Coal & Matl 318.00 1333 E.N. Fletcher 424.58 1335 Dempster & Mil Sery • 95.79 1337 Kinder's Sons 5.46 1339 L.E. starrett 14.00 1341 Hess Tire & Bat. Sery 10.56 1343. Middle States Tel. Co 4.00 1345 Fred Tegtmeier 10.80 1347 George Meyer 9.00 1349 Fred Wettin 3.60 1351 Nat. Aluminate Corp. 35.00 1353 B.F. Kinder's Sons 3.92 1355 Roots -Connersville 23.00 1357 Lagerhausen Lbr. & 1 87.00 1359 Edward Hacker 29.00 1361 Lord & Burnham Co 54.99 1363 Middle States Tel. Co. 16.95 1365 Axel D. Petterson 1.00 1367 Des P1. Motor Sales 35.00 1369 L.E. gtarrett 8.50 1371 Niedert Motor Sales 2.19 1373 Am. Water Wks. Assoc. 10.00 1.375 E.J.Friedrich (CCPC) 5.03 The motion was made by Alderman Pflughaupt and seconded by Alderman 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, Pflughaupt, Henrich, Garland, Dopheide, Friott, Schwanbeck, and Campagna. Nays; None. The Mayor thereupon declared the motion carried and the said resolution adopted. CANCEL COMPENSATION INSURANCE FOR POLICE: The motion was made by Alderman Pflughaupt and seconded by Alderman Dopheide to instruct tae City Clerk to cancel the compensation insurance covering tne ±,olice force for tne last nalf of 1938. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. APPROVAL OF MINUTES: Each member of the Council having at hand a copy of tne minutes of the regular council meeting held Mondy, June 27, 1938, the motion was made by Alderman Dopheide and seconded by Alderman Pflugrnaupt to approve the said minutes as written. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the said minutes approved as written. ENCROACHMENTS 01Q APPROACHES TO CITY -COUNTY ZONING: An informal discussion then took place regarding the control fo "Shack Town* settlements Ionated at the approaches to Des Plaines. The motion was made by Alderman Pflughaupt and seconded by Alder- man Garland to instruct the City C1prk and the City Attorney to get information regarding the proposed County Zoning movement. The motion was voted upon by acclamation whereupon the Mayor de- clared the motion carried. OBJECTS TO RAILROAD BUNK GARS IN CITY: Alderman Friott then objected to naving railroad "-Bunk* cars standing on sidinws withinthe City limits. The motion was made by Alderman Garland and seconded by Alderman Dopneide to refer tills matter to the Police and License Committee for study and report. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. ADJOURNMENT: The motion was made by Alderman Dopheide and seconded by Alderman Carroll to adjourn, to 8:00 P.M. Monday Tuly 11, 1938. Tae motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the Council so adjourned. EDGAR J. FRIEDRICH, CITY CLERK 664 MINUTES OF THE ADJOURNED 1 lET INC OF THE CITY COUNCIL OF THE CITY OF DES PLAI NES HELD IN THE COUNCIL CHAMBERS ON MONDAY, JULY 11, 198 A.D. AT Boo F.M. CALL TO ORDER: In the absence of Mayor Hobart M. Ahbe, the meeting was called to order, by City Clerk, Edgar J. Friedrich, with Aldermen Carroll, Johnson, Pflughaupt, Henrich, Garland, Dopheide, Friott, Schwanbeck, and Campagna responding to the roll call. The Clerk reported a quorum present. DESIGNATING OF'MAYOR PRO -TEM: The motion was then made by Alderman Carroll and seconded by Alderman Johnson to designate Alderman Pflughaupt Mayor pro -tem for this meeting., Tn.e motion was vote;upon by. acclamation whereupon the Clerk declared the motioncaOied. Alderman Pflughaupt then occuppied the chair , and presided 'during the'entire *meting. OPENING OF MATERIAL BIDS FOR M.F.T.-SECTION 4 -CS The Clerk then reported having received three bids for materials for Motor Fuel Tax Section 4 CS as advertised in the Des Plaines. 7Suburban Times on June 1, 1938. The motion was made by Alderman Dopheide and seconded by Alderman Garland to instruct the:Clexk .:to open, and read the said bids. The motion was voted upon by acclamation whereupon the chair declared the motion carried., The Clerk then opened and read the said bids as shown by the following tabulation: GROUP;:NO. 1 (Crushed stone) Des Plaines Lbr. & Cowl Go. Atwood -Davis Sand Co. • • . • Beyer Goal & Material Co. GROUP NO. 2 (Screenings) Des Plain's Lbr. & Coal Co 1.65 Atwood -Davis Sand Co.1.2 Meyer Coal-' & Material Co.' . .. • 1.2 Unit Price 1.65 1.50 1.43 The motionwas made by Alderman Dopheide,,and seconded by .Alderman Campagna to refer the said bids to the City Engineer fox tabulation and to the Streets and Sidewalks Committee with power:,'to Haat. The motion was voted upon by acclamation whereupon the chaii declared tine motion carried and the bids so referred. The chair then declared a recess.f or the purpose of ,ena`b)..ng' theEngineer and the Streets & Sidewalks Committee to tabuikte- and study the said bids. After a few minutes the chair reconvened the meeting. The Streets and Sidewalks Committee through its Chair- man Alderman 6chwanbeck then reported that the total bid of Meyer Coal & Material Co. ig the lowest bid and the motion vas made by Alderman Schwanbeck and seconded by Alderman Carroll to award the contract for the said materials to the Meyer Coal Material Co. subject, to the approval of the State Highway Depart- ment. The chair put the question and the Clerk called the roll with the following result: Ayes; Aldermen Carroll, Johnson, Pflughaupt, Henrich, Garland, Dopheide, Friott, Schwanbeck, and Campagna. Nays; None. The chair therefore declared the motion carried. SIDEWALK REPAIR PROGRAM "WITH W.P.A. AID: The Clerk then read the following letter: MADDEN, :,MECC,IA & MEYER At GarneYs at Law ,Cnicago City Council City of Des Plaines, Ill. July 6, 1938 In re: Responsibility for Maintaining Sidewalks in Repair. 665 Gentlemen: In connection with the discussion on the Council floor at the last meeting with respect to whose responsibility it was to maintain the sidewalks in the City, I wish to advise that the Illinois Courts have repeatedly held that the entire respon- sibility is upon the municipality and not tne abutting property owner. This ru]eis established in the following cases: Burns vs. Kunz - 290 Appellate 278 City of Bloomington vs. Bay - 42 Illinois 503 Gridy vs. City of Bloomington - 88 M. 554 City of Chicago vs. O'Brien - Illinois 532 (111) City of Chicago vs. Crosby ( 111 Illinois 538 In the Kunz case suit was filed by an Agnes Burns against Chas. R. Kunz and the City of Chicago. Tne City was dismissed from the case because of failure of the plaintiff to serve tne proper notice on the City as required by law. But the jury and the trial court awarded tne plaintiff damages in the amount of $2,500.00 500.00 against the property owner and the Appellate Court reversed the trial court and the jury's verdict, and in its decision among other things said: *The Bay case, 42 Illinois 503, was an action against tne City to recover damages for personal injuries occasioned by a defective sidewalk, and the City contended that the abutting property owner alone was liable but this contention was overruled and the court said: 'The establishment of sidewalks is the act of the authorities, they, by ordi- nance, requiring along certain streets, on the both sides, a certain width to be left to be used as sidewalks .' 'The fact that the City authorities could impose the duty of constructing sidewalks upon lot owners, cannot relieve them(the authorities) from their liability in case the sidewalk, no matter by whom constructed, is suffered to be and remains out of repair and dangerous to use.' , "And the Court there held that although the abutting property owner built the sidewalk it was the duty of the City to keep it in a safe condition.* In the case of Gridley vs. City of Bloomington, 88 Illinois Supreme Court, Page 544, the validity of a City ordin- ance requiring a property owner to remove snow from tne sidewalks and providing penalty for failure so to do, was held /valid for the reason tnat it was the duty of the City and not the abutting property owner to use diligence to keep the sidewalks in a safe condition and in conclusion the Court in the Gridley case said: "It is plain that the property owner nas no other interest in the street in front of his property than any other citizen of the municipality. The same is true of the sidewalks. It is the part of the street, set apart for tne exclusive use of persons travelling on foot and it is as mucn under the control of the municipal government as the street itself. Respectfully submitted, Signed: KENNETH G. MEYER amity Attorney, Cit"T of Des PlAines, Illinois. 666 The motion was made by Alderman HenriCh and seconded by Alderman Garland to refer to the Streets & Sidewalks Committee and the City Engineer, the matter of working out details for a comprehensive sidewalk repair program with W.P.A. aid, in which the sponsors share of the program is to be contributed by the owners of property adjacent to such sidewalks as need repair. The motion was voted upon by acclamation whereupon the chair declared the motion carried. DRIVEWAYS - TEMPORARY & PERMANENT; The Council then informally discussed the matter of driveway construction. During the course of the discussion the Clerk read to tne Council the "Temporary Driveway Ordinance" adopted January 6, 1930 as well as the "Permanent Driveway Ordinance" adopted July 21, 1910. After a brief discussion the motion was made by Alderman. Dopneide and seconded by Alderman Schwanbeck to refer these two ordinances to the City Attorney with instructions to prepare amending ordin- ances embodying the suggestions contributed in the discussion. The motion was voted upon by acclamation wnereupon tne chair declared the motion carried. UNFAVORABLE FLOOD PUBLICITY: In view of the unfavorable publicity received by the City in the Chicago Tribune and other metropolitan newspapers, the motion was made by Alderman Campagna and seconded by Alderman Dopheide to instruct the chairman of the Sewer, Drainage, and Sanitation Committee to write to the Chicago Tribune and protest against such unwarranted publicity; and to write also to the other Cnicago newspapers and insert a statement of true conditions into 'The Voice of the People" and similar columns to correct the erroneous impression created by the Chicago newspapers. The Lotion was voted upon by acclamation whereupon the chair declared the motion carried. ADJOURNMENT: The motion was made by Alderman Schwanbeck and seconded by Alderman Dopheide to adjourn. The motion was voted upon by acclamation whereupon the chair declared the motion carried and tne council regularly ad EDG DRICH, City Ole k MINUTES OF THE REGULAR COUNCIL MEETING HELD IN THE COUNCIL CHAMBERS ON MONDAY, JULY 18, 1938 AT THE HOUR OF 8:00 P.M. CALL TO ORDER: The meeting was called to order by Mayor Hobart M. Abbe, presiding, with Aldermen Carroll, Johnson, Henrich, Garland, Dopheide, Friott, Lemke, Schwanbeck, and Campagna responding to the roll call. Alderman Pflughaupt was absent during the entire meeting. 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 Schwanbeck reported orally on the problem referred to his committee pertaining to set up a city-wide sidewalk repair program in which the sponsor's (City's) share is to be contributed by the benefitted property owners. He reported that a W.P.A. project was approved by the W.P.A. over a year ago covering a city-wide sidewalk repairrogram in which the sponsor's contribution amounts to about $1,900.00 or about teneents (101) per square foot of sidewalks replaced, and five cents (5%) per square foot of sidewalk raised and levelled. He therefore asked further information as to how the $1,900.00 is to be raised for this proposed project. The motion was made by Alderman Schwanbeck and seconded by Alder- man Carroll that this matter remain in the hands of the com- mittee and that the committee be authorized and directed to circularize the city both by mail and by newpaper publicity