06/12/1944274
MINUTES OF THE ADJOURNED REGULAR COUNCIL
MEETING OF THE CITY COUNCIL OF THE CITY
OF DES PLAINES HELD IN THE COUNCIL CHAMBERS
MONDAY June 12. 1944. AT 8:00'P. M.
CALL TO ORDER: The meeting was called to order by Mayor Charles
• H. Garland presideing with Aldermen Johnson, Napbralski, Pflughaupt, Vavrinek, K
Kehe, Scharringhausen, Lemke and Halverson. ( Aldermen McKay and Campagna
were absent during the entire meeting) The Clerk reported ei,h Aldermen present.
RECIND CONTRACT FOR•MAINTAINING ORNAMENTAL STREET LIGHTS:
The Clerk then read the following NUNNINIX letter:
June 10, 1944
Mayor and L'ity Council, •
Des Plaines, Illinois.
Gentlemen:
Pursuant to your request, I have examined the contract
tendered by Mr. H. Horkan relative to the maintenance of the or-
namental lighting system.
The general provisions of the contract appear satisfactory
if the terms agreed upon as they are set forth in said agrreement.
The only question that may arise is that of the number of lights
to be serviced. The agreement specifically calls for 84 lights and
transformers. In the event that some of these lights should be
discontinued, what arrangements have been made in that instance?
I not, too, that the contract is -made to expire be-
yond the fiscal year. This, based on the decision in the case of
Avery vs. City of Chicago, 345 I11. 640 (1931) is beyond the powers
of the City Council. That statute provides that contracts for
the expenditure of money may be entered into only after an
appropriation has been made for that purpose. Since the council
may not appropriate beyond the fiscal year, this contract is to,
be considered void. It is suggested that the terms of the con-
tract be made to expire as of December 31, 1944, and a new contract
be entered into during the next fiscal year, or in the alternative,
extend -the present contract for the full year.
The City ordinances require a bond on the part of the con-
tractor in most instances. -While the particular instance is not
covered under the ordinances, specifically, a bond might be desirable.
That, of course, is entirely up to you gentlemen.
Respectfully submitted,
FRANK M. OPEKA City Attorney.
FMO:S
CC: H. Horkan
The motion was made by Alderman Lemke, and seconded by Halverson to
recind the action taken June 5, 1944 in approving the said contract.
The Mayor put the question and the clerk called the roll with the
following result: Ayes; Aldermen Johnson, Napieralski, Pflughaupt,
Vavrinek, Kehe, Scharringhausen, Lemke and Halverson Nays; None.
Mhe Mayor thereupon declared the motion carried and the said action
recinded.
APPROVE REVISED CONTRACT FOR MAINTAINANCE OF ORNAMENTAL
STREET LIGHTS: The Clerk then read the following proposed contract:
CONTRACT CONTINUED
THIS AGREEMENT, made and entered into this 1st day of June,
1944 by and between H. Horkan, doing business as H. H. ELECTRIC CO.,
of the City of Chicago, Cook County, Illinois, hereinafter referred
to as the "Contractor", a party of the first part, and the CITY OF
DES PLAINES, a municipal corporation in Cook County, Illinois, herein-
after referred to .,G the "City", party of the second part,
WITNESSETH:
WHEREAS, the contractor is willing to render labor necessary
to maintain the City Street lights of theCity of Des Plaines, and
the City is desirous of securing such services, now, therefore:
For and in consideration of the premises, it is mutually agreed
as follows:
The contractor agrees to furnish services and labor necessary
for the maintenance of the City Street lights, traffic signal con-
trollers and transformers as follows:
(1) To replace burned out lamps on street lights once each week
(2) Check each transformer once each month
(3) To wash out and clean street lights twice in each year.
(4) To check and service Traffic Controllers once each week at
the following locations:
(a) One Signal controller and one Railroad Timer controller
at Miner and Lee Streets
(b) One Signal controller and one Railroad Timer controller
A Miner andDes Plaines Avenue.
(5) To employ electrical workers from the Electrical Union for said
work,
(6) To at all times carry Workmens Compensation Insurance, and such
other insurance as may be necessary for his men and equipment.
The City agrees to pay to the contractor for such services and
labor, as follows:
(1) One Dollar ($1.00) per month per street limp
(There being at time 84 Lamps) $84.00
(2) One Dollar per month per transformer
(There being at this time 84 transfofmers) $84.00
(3).Fifteen ($1500) Dollars per motn per traffic
controller. Two (2) Traffic controllers $30.00
It is mutually agreed that in case of all major break -downs and
all such items are to be replaced on a time and material basis.
If is further mutually agreed that the City shall furnish all lamps
and materials, or if directed, the Contracor shall furnish such materials
at cost,
The IvAinn was made by, Alcrran Kehe and seconded by Lemke to approve
'the said: revised' cZf r ct 'iiia the of cCity "01erk
'ex-ecttt& the said' ec ntVatt for, the City, . The ;Mayor' prit':r II& till:estiaon .add:
the Clerkcalled' bite, ralle w ee =fcl14 wi'mg ree l s "'1y?eely Aldermen,' ,.-
..Jtihneon,` Napieraleki, •Pfi ghatipt =; a inWji-Xeh h rring ttseliLemke
nt-EHalverson. Nays; None. The Mayor thereupon declared the motion
carried and the said contract a:'proved•
REFUSE TO COMPLETE FINAL DETAILS IN CONNECTING WITH CUMBERLAND TERRACE
SEW CONTRACT:
The Clerk then read the following letter:
7G
LETTER - READ
City of Des Plaines
City Council
Des Plaines, I11.
Gentlemen:
May 23, 1944
On February 22, 1944 A committee composed of Sam
Atkins, representing the City of Des Plaines, Felix Orfei,
representing the Orfei Construction Company, and Standley
Redmer, representing CumberlandTorrace met in the office
of the Mayor Garland to discuss completioni of Cumberland Terrace
sewer project.
Ai this meeting it was decided to wait until the
latter part of May or the firstof June to determine what work still
was to be done after Spring rains had settled trench ditches, etc.
and that about the first of June another meeting would be called and
construction conditions would be discussed by the various members
m&dng up the Committee. About a week ago we were advised that this
committee would meet on Wednesday evening May 24th and Mr. Orfei
was asked to attend.
This moriing we received a letter dated May 22nd,
signed by Standley Redmer, outlining list of ierk which should
be done to complete Cumberland Terrace sewer project.
It is obviously apparent from the claims presented
in this letter that full responsibility for conditions as they
now exist in Cumberland Terrace has been placed upon the Orfei
Construction Company before discussion in Committee, and for
this reason the Orfei Construction Company will not be repre-
sented at the Committee Meeting to be held on May 24th.
It is our policy to do nur work in workmanlike manner
and in this instance street: were left in a better condition
when we finished the jobthan they were before we started.
As to the claims of the property owners we feel they
are ridiculous and petty. There is no doubt that where property
owners are diligently solicited as your Committee member said
they would be, any number of claims such as "replacing black
dirt in back yard, broken tree branches in vacant lot, etc."'
will be made.
For this reason we feel that nothing can be accom-
plished by participating further in Committee discussisn and
we arereferring the entire matter to our Bonding Company.
Very truly yours,
ORFEI CONSTRUCTION CO.
BY: S. H. Cassidy
$11C-rla
CC -`Hartford Accident and Indemnity Co.
CC Standley Redmer
.
and followed by reading the following letter from Mr. Standley Redmer
chairman of the special committee to prosecute the completionf of
the final details of completion in connection with the said sewer:
277
LETTER - READ
June 2, 1944.
City of Des Pla;nes
City Council
Des Plaines, I11.
Dear Sirs:
On May the 24th I reoived a copy c,f a letter which was mailed to
you from the Orfei Construction Co. which you are no boubt aware
of it's contents. However I wish to further enlighten you as
to the adkil happenings.
On the 22nd of May a list of complaints on the sere project was-
made out. By mistake my secretary sent a copy o this by mail
to the Orfei Constructionto. On tuesday May the 23rd Mr. Cassidy
from the Orfei Construction Co. called me by phone and
told me he had received this copy. I explained to him t at the
letter shoOld not have°been sent and that it was merely a list
of complaints made up so that each member of the committee would
have a ma copy at the meeting which was to be held on the 24th
of May. I also explained to him at the time that he would have
plenty of opportunity to go over the property and the committee
would work with himand disallow all complaints which the com-
mittee felt were not justified. However Mr. Cassidy and Mr.
Orfei, for some reason or other, decided to side track the
meeting andwrite a letter to the City Council instead.
I called Mr. Orfei by phone again on Wednesday and told him that
the meeting was to be held that evening and we were expecting him
to attend it. He told me thathe hadn't made up his mind as to
whether he would attend it. However it seems by that time he had
already written his letter and just didn't bother to inform me.
I feel therefore that I would be of no further value on this com-
mittee and am turning over all the complaints I have recieved to
date with the suggestion that in view of Mr. Orfeis• attitude he
be made to take care of all the individual complaints in their
entirety.
Very truly yours,
STANDLEY REDMER
SHAR:vs
Mayor Gaiend expressed confidence that this matter will be equitable
settled and ordered the said letter placed on file.
APPROVE " NOTE OF CORRECTION" FOR BUILDING LINE:
Alderman Kehe, chairman of the municipal Development Committee
then presented the following note of correction which was seal by
the Clerk:
I1� Frank H. Nelson, do hereby certify that 1 am the same person who
surveyed and platted Alfini's Resubdivision of the lots 26,27, 28, 29, 30,
21,54,55,56,57, 58 and 59 (expept) that part of Lots 28, 29456 and 57
heretofore dedicated for the opening of Wolf Road) in Cherry Highlands
Second Addition, being a subdivision of the S. of Blocks 41, 49 and
50 and Block 51 in Des Plaines Maonro Tract No. 3, a subdivision of
that part of S. E. of Section 18, Township 41 North, Range 12
East of the 3rd. Principal Meridian lying South and East of the Chicago
and Northwestern Railway Company's lands, except parts of aforesaid
Blocks heretofore conveyed for the opening of Rose Ave. and Thacker St.
Recorded in Torrens Book Page as document Cook County,
Illinois and I further certify that dotted lines shown on said Platand
designated as 25 foot buidling lines are to be changed to read as
follows:
278
NOTE OF CORRECTION CONTINUED
25 foot Building line on the East side of Wolf Road through Lots 1 to 5
from a point 25 feet North of North line of Thacerk St. t a point 25
feet South of the South line of Rose Ave.
25 foot Buidlgin line on the Sotth side of Rose Ave. in Lot 1 from a
point 25 feet E. of the East line of Wolf Road to the East line of
Lot. 1.
25 foot Building line on the North side of Thacker st. in Lot 5 from
a point 25 feet East of the East line of Wolf Road to the East line
of Lot 5.
24 foot Buil-ling line on the Test side of Wolf Road through lots 6 to 10
from a point 25 feet North of the North line of Thadek S. to a point
25 feet So1h of the South Line of Rose Aves
25 foot Building Line on the North Side of hacker Si. in lot 6 from
a point 24 feet West of the West line of Woif.Road to the West line of
lot 6.
25 Foot Bulling Lien on the South side of Roase Ave. in Lot 10 from
a point 24feet West of the West line of Wolf Road to the West line
of Lot 10.
Also that all line indication Building^Lines diagonally on Lot 1,
5, 6 and 10 are hereby decalred null and void.
Chicago, Illinois
This 3rd day of June A. D. 1944.
Illinois Land Surveyor.
We the undersigned, hereby certify that we are the awners of all
the lots in Alfini's Resubdivision and that we concur in the above
correction to the location of Buidlag lines in said subdivision.
owner
Owner
Approved by the Mayor and City Council of the City of Des Plaines,
Cook County Illinois at a meeting held this 5th day of June. A. D.
1944.
By
Mayor.
Attest
City Clerk
The motion was made by Alderman Kehe and seconded by Napieralski
to approve the said note of correction and direct the Mayor and
City Clerk to sign the same. The motion was votedupon by acclamation
whereupon the Mayor.declared the motion carried and the said note
approved.
APPOINTMENTS: Mayor Garland then announced the following
appointments:
Zoning Board of Appeals:
Stewart F. Elliott - for a five year term ending April 30, 1949
Library Board of Trustees
Mrs. Frieda Hill - for a three -year term ending April 30, 1947
Mr. Keats Longley " n n n n n n n n
Mrs Ruth Lueck n n n n n n n n n
Board of Fire and Police Commissioners:
Fred A. Nelson - for a three year term ending April 30, 1947
Board of Trustees. Police Pension Fund
Fred Lessing - for two year term ending April 30, 1946
Architectural Commission
Hugo J. Liedberg, for a one year term ending April 30, 1945
E. Svedberg It n It n n n n n ti?
George Sundblom n n n an n n n n
Traffic Commission
Harlow A. Coxe, for a three year term ending April 30, 1947
2 4' 9
APPOINTMENTS CONTINUED.
The motion was made by Alderman Pflughaupt and seconded
by Kehe to confirm the said appointment. The motion was voted
upon by acclamation whereupon the Mayor decalred the motion carried,
and thesaid appointments confirmed.
ADJOURMENT: The motionless made by Alderman Lemke and seconded
by Halverson that the meeting adjourn. The motion was voted upon
by acclamation whereupon the Mayor decl- the oti^• carried
and the meeting regulary adjourned. •i
1
EDG
CH
City Clerk
MINUTES OF THE REGULAR MEETING OF
THE CITY COUNCIL OF THE CITY OF
DES PLAINES HELD IN THE COUNCIL
CHAMBERS, MONDAY, JUNE 19, 1944
AT 8:00 Ps M.
CALL TO ORDER: The meeting was called to order by Mayor Charles
H. Garland presiding, with Aldermen Johnson, Napieralski, Pflughaupt,
Vavrinek, Kehe, Scharringhausen, Lemke, McKay, Campagna, and Halverson
V.) responding to the roll call.
DESIGNATE CLERK PRO TEM: In the absence of Edgar J. Friedrich,
City Clerk, the motion was made and seconded that Alderman Pflughaupt
serve as Clerk Pro tem for this meeting. The motion • was voted upon
by acclamation whereupon the Mayor declared the motion carried. (Note:
Wherever the term"Clerk" is used in the minutes of this meeting the
Clerk Pro tem is meant thereby.)
SET 15 M.P.H. SPEED LIMIT ON WHITE STREET: The Clerk than read.
the following report:
To H. A. Becker - Chief of Police, at the meeting of the City
Council held June 5, 1944, the following matter was referred to you:
AA request made by Alderman Halverson that a 15 mile speed limit
be set on White Street in Riverview was referred to you for study
and report.
EDGAR J. FRIEDRICH, City Clerk.
Des Plaines, Illinois, June 14, 1944
To the Mayor and City Council:
Your Committee on a suggested speed limit has investigated the
above and has found:
This neighborhood has a large number of small children and the
curbs are lined with parked cars, due to the lack of garages
and an alley, therefore causing a hazard to lie small children
runningin between the parked cars.
This department suggests that a 15 M.P.H. speed law be enforced.
Respectfully
H. A. Becker
Chief of Police
per. Sgt. Strempel
The motion was made by Alderman Johnson and seconded by Napieralski to
concur in this retort and to instruct the City. Attorney to prepare an
ordinance establishing a 15 M.P.H. speed limit in the area requested.
The motion was voted upon by acclamation whereupon the Mayor declared
the motion carried.
9 E i BIDS' FOR MAINTAINING; ARTT R.IAL STREETS: The Clerk then read
the legal, notice published June 8, 1944, advertising for for: