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06/07/1943is MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS, MONDAY. JUNE 7. 1943 AT 8:00 P.M. CALL TO ORDER: The meeting was called to order t ► Mayor Charles H. Garland presiding with Aldermen Johnson, Napieralski, Pflughaupt,-Vavrinek, Kehe, Scharringhausen, McKay, Campagna and Halverson responding to the roll call. (Alderman Lemke was absent during the entire meeting). The Clerk re- ported nine (9) Aldermen present. Reports of Officers: The Clerk then submitted the reports for May 1943 of the following: Edgar J. Friedrich, City Clerk Harold J. Ahbe, City Treasurer Frank F. Scharringhausen, Building Inspector Arthur Rieck, Electrical Inspector Mayor Garland ordered the said reports placed on file. REPORTS SETTLEMENT * OTTO C. AOERTER VS. CITY: The Clerk then read the following letter: May 21st, 1943. Mr. Edgar J. Friedrich, City Clerk Des Plaines, Illinois In re: Otto C. Woerter, Receiver Des Plaines State Bank -vs- City of Des Plaines Circuit Court No. 42 C 11266 Dear Mr. Friedrich: There is transmitted herewith Voucher No. 4 issued December 14, 1925 in favor of A. H. Allen in the sum of $2,500.00 (less payments en- dorsed ndorsed of $900.00 on December 13, 1929 and $50.00 on Feb. 26, 1930, leaving an unpaid principal balance of $1,550.00) payalbe out of the let installment of Riverview #2 special/ Assessment, with interest thereon at 6% per annum. This voucher was last in the possession of the receiver of the Des Plaines State Bank who started an accounting suit against the City as above set out. The secondary liability, which was the basis of the above suit is as follows: Diversion (no defense) *975.00 Interest thereon 731.25 .Total secondary liability $1706.25 The total liability under the voucher, including diversion, is as follows: Balance due on voucher Interest on 5/17/43 Total liability $ 1,550.00 3, 6.50 The total liability of $3,086.50 was settled for $700.00 pursuant to council'action on May 17th, 1943, and the above suit was dismissed on May 21st, 1943. Very truly yours, FRANK M. OPEKA, City Attorney The Mayor ordered the said letter placed on file. PASS 1943 TAX LEVY ORDINANCE: The Clerk then read for second reading a proposed ordinance entitled: AN ORDINANCE PROVIDING FOR THE LEVYING OF AN ASSESSMENT OF TAXES FOR THE FISCAL YEAR OF THE CITY OF DES PLAINES, COOK COUNTT, ILLINOIS COMMENCING JANUARY 1, 1943 IID ENDING DECEMBER 31st, 1943. The motion was made by Alderman Pflughaupt and seconded by Kehe that the said proposed ordinance be passed as read. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Johnson, Napieralski, Pflughaupt, Vavrinek, (CONT'D) (pRD_ - cont ►d) Kehe, Saharringhausen, McKay, Campagna and Halverson. Nays; None. The Mayor thereupon declared the motion carried and the said ordinance passed. SELL 1943 TAY ANTICIPATION WARRANTS: The Clerk then read the following proposal: June 7, 1943 City. Council City of Des Plaines Des Plain$s4 Illinois Gentlemen: As a matter of confirmation, please be advised that the First National Bank of Des Plaines has agreed to purchase at par, 1943 Tax Warrants of the City of Des Plaines as follows: $22,000 par value General Corporate Fund Warrants 6,000 ppar value Fire Protection Fund Warrants 4,000 par value Library Fund Waraants These warrants are to bear interest at the rate of 1 3/4% per annum, and are to be supported by a'lagal opinion to be furnished by Frank M. Opeka, att rexy for the City of Des Plaines. Payment for the said warrants will be made on presentation of the same together with the opinion aforesaid. Assuring you that it is a pleasure to cooperate with you in this matter. Yours very truly J. R. LAWRENCE Cashier 109 The motion was made by Alderman Pflughaupt and seconded by Johnson to accept this proposal. The Mayor put the question and the Clerk celled the roll with the following result: Ayes; Aldermen Johnson,•Napieralski, Pflughaupt, Vav- rinek, Kehe, Soharringhausen, McKay, Campagna dnd Halverson. Nays; None. The Mayor thereupon declared the motion carried and the said proposal accepted. AUTHORIZE ISSUANCE OF 1943 TAX ANTICIPATION WARRANTS: The Clerk then read in its entirety for first reading a proposed ordinance entitled: AN ORDINANCE PROVIDING FOR THE ISSUANCE OF 1943 TAX ANTICIPATION WARRANTS OF THE CITY OF DES PLAINES, IN COOK COUNT!, ILLINOIS. The motion was made by Alderman Pflughaupt and seconded by McKay to suspend the rules and place the said proposed ordinance upon its final passage. The Mayor put the question on the motion to suspend the rules, and the Clerk called the roll with the following result: Ayes; Aldermen Johheon, Napier- alski, Pflughaupt, Vavrinek, Scharringhausen, McKay, Campagna and Halverson. Nays; None. The Mayor thereupon declared the motion carried, the rules sus- pended and the said proposed ordinance before the Council for final disposition. The motion was then made by Alderman Kelm and seconded by Vavrinek to fin- ally pass the said proposed ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes; Aldermen Johnson4 Napieralski, Pflughaupt, Vavrinek, Seharringhausen, Kehe, McKay, Campagna and Halverson. Nays; None. The Mayor thereupon declared the motion carried and the said ordin- ance passed. ation: ZONING RECOMMENDATION: The Clerk then read the following recommend - RECOMMENDATION June 7, 1943 To the Honorable Mayor and City Council of the City of Des Plaines, Illinois: On May 18, 1943, in the Municipal Building in Des Plaines, your Zoning Board of Appeals held a public meeting, in accordance with duly published 110 (RECOMMENDATION - contid) notice concerning the petition of Messrs. Tures and Radloff, for the re -zoning of the following described property from commercial to light industrial usage. The property is bounded by Park Place, Pearson St., Jefferson Street and the alley immediately westerly from Pearson Street. This petition for re -zoning the above property was changed in accord- ance with a letter of May 18 from the General Engineering & Mfg. Co., at 1544-1546 Park Place, the letter being signed by D. B. Woodworth. This letter asked for amendment to seek a variation from the original plan. 'This variation is designed to permit nonconforming use of the property indluding additional property that might be required by us in the prosecution of our business which is essentially war work." The General Engineering & Mfg. Co., was represented by Mr. D. B. Woodworth and Mr. D. J. Seeley, Vice Presidence and Attorney. Both these gentlemen set forth the fact that they need additional plant expansion to take care of additional war orders that they have, and feel that they cannot afford to spend any money on the expansion of this property without the ownership of same. Your Board recognizes the necessity for uninterrupted manufacturing con- tribution to the war effort, but also cites the fact that such man- ufacturing operations are carried on in a commercial zone entirely by sufferance of the Board of Appeals and the City Council. We can point out that this is the third time that this piece of property has come up for re -zoning and substantially the same reasons have been set forth by the General Engineering & Mfg. Company in this petition as in the two prev- ious petitions. Mr. David H. Jackson, attorney for Mr. Cantwell, represented him as in previous hearings, and Mr. Jackson set forth that the points that the General Engineering & Mfg. Co., agreed to do a year ago have not been taken care of. The proximity of the location in question to the business district and the transportation facilities, render it remarkably suited for apart. ment dwellings. The establishment of a small manufacturing area in this location, in the opinion of your Board, would seriously hamper such developments, and very likely would completely eliminate the possibility of such development. Likewise, there is a school located to the north of this property on Jefferson Street, and in the opinion of the Board, it would not be to the best interests of the City to establish a man- ufacturing district next to school property. Moreover, re -zoning the tract as petitioned would place a manufacturing area between the business district and an area to the north, which has excellent possibilities for residential usage. While the amendment to the original petition just asked for the property, at 1544 Park Place, be re -zoned for light industry, it would place the Zoning Board in a position where they would have to grant additional man- ufacturing area in this district, should someone petition. It is also to be noted that this location is visible XU from River Road and the detracting features normally incident to manufacturing enterprise would be obvious to the thousands of users of this highway. Your Board feels that the heretofore haphazard location of manufacturing enterprises in the City of Des Plaines has had much to do with the poor rating of the City and the reports of appraisal engineers, who from time to time have surveyed the City of Des Plaines for prospective builders of homes. Becaase of the above facts, your Board feels that the welfare of the general public is involved, and feels also that it would be unreasonable to make the present war time pressure as a reason for establishing an in- dustrial area by re -coning in this district. We therefore, unanimously recommend the petition be denied. A. H. JAMES Sec., Zoning Brd. of Appeals 111 (RECOMMENDATION - cont'd) The motion was made by Alderman Kehe and seconded by Vavrinek to concur in this recommendation. However a motion was made by Alderman Napieraleki and seconded by Johnson to refer the said recommendation to the Committee on Subdivisions, Building and Municipal Development for further study and report. The motion to commit was voted upon tQr acclamation whereupon the Mayor declared the same carried, and the said recommendation so committed. BOECKENHAUER VS CITY - SA #117: The Clerk then read the following letter: Mayor and City Council Des Plaines, Illinois June 7th, 1943 Re: Boeckenhauer v. City Special Assessment No. 117 Gentlemen: Please be advised, that after considerable and careful investigation, i have, pursuant to authority heretofore given me, filed a notice of intention to file a Petition for rehearing in the Supreme Court of Illinois in the above matter. The petition for rehearing will be filed with the Clerk of the Supreme Court on June 14th, 1943. Respectfully submitted FRANK M. OPEKA Mayor Garland ordered the said letter placed on file. 8 BOECKENHAUER VS CITY - THACKER STREET CASE: The Clerk then read the following letter: JuIIe 7th, 1943 Mayor and City Council Des Plaines, Illinois Gentlemen: Re: Boeckenhauer vs. City Thacker Street case Mr. Servos, representing Mr. John H. Boeckenhauer has tory¢ called relative to submitting an offer of settlement of all pending liti- gation together with any and all other claims. The proposal submitted is that Mr. Boeckenhauer will give the City a deed for the 40 foot strip, 33 feet of which represents the South half of Thacker Str$et, in exchange for a receipted- bill for all special assessments levied against his property. It is further sug- gested by Mr. Servos, that the City might perhaps be able to purchase bonds at a small figure thereby minimising the cost of such settlement. Your advices in this matter will be appreciated. Very truly yours, FRANK M. OPEKA The motion was made by Alderman Pflughaupt and seconded bir.Campagna to refer this letter to the Finance Committee for study and recommendation. The motion wag voted upon by acclamation whereupon the Mayor declared the motion carried and the letter so referred. REQUIRE *10.00 FEE FOR FILING ZONING PETITION: The Clerk then read for first reading a proposed ordinance entitled: AN ORDINANCE AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE TO CLASSIFY, REGULATE AND RESTRICT THE LOCATIONS OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES; TO REGULATE AND LIMIT THE INTENSITY OF THE USE OF LOT AREAS AND TO REGULATE AND DETER- MINE THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES WITHIN IND SUR- ROUNDING SUCH BUILDINGS, AND TO ESTABLISH THE BOUNDARIES OF DISTRICTS FOR THE SAID PURPOSES AND PRESCRIBIN'r-TRE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS", AS AMENDED, BY AMA THERETO SECTION 21-a. * * * * * * * 112 (ORDINANCE - cont'd) The motion was made by Alderman Pflughaupt and seconded r Vavrinek to suspend the rules and place the said proposed ordinance upon its final passage. The Mayor put the question on the motion to suspend the rules and the Clerk called the roll With the following result: Ayes; Aldermen Johnson, Napier- alski, Pflughaupt, Vavrinek, Scharringhausen, Kehe, McKay, Campagna and Halverson. Nays; None. The Manor thereupon declared the motion carried, the rules suspended and the said proposed ordinance before the Council for final disposition. The motion was then made by Alderman Pflughaupt and seconded by Napier• alski 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 Johnson, Napieraleki, Pflughaupt, Vavrinek, Scharringhausen, Kehe, McKay, Campagna andnHalverson. Nays; None. The Mayor thereupon declared the motion carried and the said ordinance passed. The option was made tr Alderman Pflughaupt and seconded by Campagna to order the Clerk to cause the said ordinance to be published in the Des Plaines Journal. The motion was voted upon by acclamation whereupon the Mayor de- clared the motion carried. NOTICE OF COUNTY ZONING HEARING: The Clerk then read the FOflawing notice: COUNTY ZONING - LEGAL NOTICE OF PUBLIC HEARING IN MAINE TOWNSHIP Notice is hereby given that a:public hearing will be held on a petition for an amendment to the Zoning Ordinance of Cook County, Illinois, at 5:30 P.M. (Central War Time) on June 24, 1943, in City of Des Plaines Cita Hall, Des Plaines, Illinois. The property involved is located and bounded on the south by Touby Avenue, on the north by Howard Street, on the west by Wolf Roajd, and on the east by an unrecorded subdivision, the area being eighty acres and legally described as follows: The East one-half of the South East quarter of Section 30, Township 411 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois. The amendment, as proposed, seeks to rezone the above legally described property from its present classification as an F -(Farming) District to a R-4 (Residence 10,000 square feet) District or such variation as the Board of Appeals may have the power to grant. All persons interested should attend and will be given an opportunity to be heard. ZONING BOARD OF APPEALS OF COOK COUNTY Dated June 3, 1943 Mayor Garland appointed Alderman Kehe to represent the City of Des Plaines at the said hearing and urged all others to attend. ASK THAT COUNTY ZONING HEARINGS BE HELD AT MORE BUITABLE HOUR: The motion was grade by Alderman Napieralski and seconded by Pflughaupt to ins#ruat the Clerk to write the County Zoning Bureau, requesting that future County Zoning hearings involving property near Des Plaines be scheduled for 8:00 P.M. instead of 5:30 P.M. so that the 8ity of Des Plaines may have better repreeenta- tion at such hearings. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. BENSENVILLE ASKS US TO BURN ITS GARBAGE: The Clerk then read the following letter: Hon. Chas Garland Des Plaines, Illinois May 25, 1943 Dear Sirs We are seeking accommodations for the disposal of garbage from our Village and thought perhaps you could accommodate us. We estimate that our pickup will run from two and one half to three tons per week which we would haul to your, plant. Would like to know in the event that you can accommodate us, your charge per ton, how you desire the garbage wrapped and how soon we would start hauling to your plant. ( LETTER - cont'd) It might be that certain days of the week would be more desirable than others for you if such is the case please advise. Very truly yours, FRANCIS E. SUTEER Village Clerk The motion was made by Alderman Campagna and seoonded by Pflughaupt to refer this request to the Streets Committee with full power to act. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. ASK FOR PERMISSION TO REPAIR SIGNS The Clerk then read the following letter: -Mr. Frank Scharringhausem,Bld.Insp. City Hall, Des Plaines, Illinois Dear Sirs June 4, 1943 • After many conferences and deliberation with several departments of the Company, they have agreed to remove the structur4s at the East side of River Road opposite Lincoln Avenue and the paint bulletin at the Southwest corner of Rand and Wolf Roads, Des Plaines, Illinois and accordingly have issued Jo§ tickets to remove these locations this `Ct morning June 4, 1943, and the Cons traction department will proceed with the work within the next few days. 1 I request at this time, permission to repair -the structure on the roof at 1570 itlinwood Street, Des Plaines, Illinois, in order to keep it in safe condition. We are not asking to add to this location but only to maintain it for public health and safety. Please, may I have your permission to make this repair on said loc- ation. Very truly yours, GENERAL OUTDOOR ADVERTISING CO. By L. S. CLARK Mayor Garland referred this request to the Building Inspector. FAULTY DRAINAGE: The Clerk then read the following letter: April 9, 1943 Des Plaines City Council 2118 Miner Street, Des Plaines Gentlemen: We have received complaints from the property owners located on Touiy Avenue, east of Mannheim Road, regarding the water accumu- lating in their basements, and upon checking with out engineer he finds that the north ditch on Touty Avenue drains east toward the Des Plaines River, but also finds that there is a broken culvert between the Premier Rose Garden property and River Road, raising the Water level on all that property on the South sidece Tour Ave. We would appreciate advice from you that the broken culvert will be repaired, and if you have any other suggestions in connection with this con- dition we would be pleased to hear from your. We enclose a stamped, self-addressed envelope for your convdnience in replying. Very truly yours, OLIVER SALINGER & Co. (A.D. Flppnn) Signed Secretary Mayor Garland referred this letter to the Streets Committee. 114 REQUEST TWO -FAINLY USE IN SINGLE-FAMILY AREA: The Clerk then read the following letter: May 7, 1943 Mr. Friedrich, City Clerk Des Plaines, Illinois Dear Sir: About three months ago I wrote a letter to you in which I asked the City Council to give us permission to convert our house into a two family. home. We are located in a single family Zone. Since then I have been very busy and so would you please tell me if arr action was *ken, and if not, what the proper proceedure is to get results. Thankyou. This property belongs to: Section 20, Town 41, Range 12 J.K. Preston Arthur T. McIntosh & Co's Addn. 1541 White St., Des plains , to Des Plaines Hgts.,Inc. S.* Tel. 1278-R S.E. - 5 S.W. + South 73 ft. Sublot & lot 9 0 10 Block 14 The Mayor referred this letter to the Zoning Board of Appeals. letter: RDQUEST PERMIT FOR FLAG -DAY PARADE: The Clerk then read the following May 21, 1943 Honorable Mayor and City Council of Des Plaines: Gentlemen: On Sunday, June 13th Des Plaines will again celebrate Flag Day. This year it is called "Des Plaines Community Flag Day" with all organisations being represented to make it the most elaborate of all time. I have been asked to write. the City Council for permission to use the streets of Des Plaines for parading purposes. May we have such permission? Realising as well all do the necessity of these kind of celebrations I am asking the City Council to also be a part of this occas4ion. We all value our Liberty the same right as every other one, to think his thoughts, to live his life, to love his country, and to worship his God, as you ask for yourself. May I at this time wish the new Council and the old all the luch in the world and carry on for the good of Des Plaines. Sincerely yours, Des Plaines Community Flgg Day WALTER MORAVA, Chairman of Communications. The motion was made by Alderman Kehe and seconded by Campagna that this request be granted. The motion was voted upon by acclamation whereupon the Mayor de- clared the motion carried and the said request granted. INVEST/GATE TAXICAB RATESs Alderman Kehe reported that he has re- ceived a number of complaints which seem to indicate tha t the regtes of fare for taxicab service in Des Plaines have been raised. The motion was there- fore made by. Alderman Kehe and seoonded ty Campagna to refer this matter to the Police and License Committee for investigation and report. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. IPPROVAL OF BILIS: The Finance Committee, through its chairlan Alderman Pflughaupt then introduced the following proposed resolution: RESOLVED THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE HEREBY AUTHORIZED TO DRAW THE PROPER yOUCHERS'IN PAYMENT OF THE SAME. 1 ( BILLS - cont'd.) 13745 Koehler Bros. $ 178.57 13747 Public Service Co. 1018.75 13749 Municipal Year Book 7.50 13751 U.S. Post Office 25.06 13753 Authorized Radio Serv. 39.50 13755 W.S. Darley & Col 3.70 13757 G.H. Kolze, Bidg.Cont. 8.00 13759 Des Plaines Mercantile 17.90 13761 Tablet & Ticket Co. 3.17 13%3 20.00 13765 33.60 13767 4.35 13769 4.74 13771 3.00 13773 Inland Asphalt Corp. 61.20 13775 E. N. Fletcher, Engr. 48.00 13777 Western Tire & Auto St 9.46 13779 Socony Vacuum oil Co. 15.91 13781 Merchants Chemical Co. 98.94 13783 Krema Trucking Co. 13.70 13785 Socory Vacuum Oil Co. 4.74 13787 National Lead Co. 144.49 13789 Paul E. Hefron 2.80 13791 Percy Cook 3.56 13793 James Mule 2.50 13795 Ed. Russell 3.76 13797 L. S. Raisch 4.50 13799 Walter Imig 1.75 The motion was made by Alderman Pflughaupt and seconded by Kehe that the said proposed resolution be adopted. The Mayor put the question and the Clerk called the roll with the following results lyes; Aldermen Johnson, Napieralski, Pflugh- aupt, Vavrinek, Kehe, Scharringhausen, McKay, Campagna and Halverson. Naps; None. he Mayor thereupon declared the motion carried and the said resolution adopted. APPROVAL OF MINUTES: Each member of the Council having been supplied a copy of the minute$ of the regular Council meeting held M:y 17, 1943, as -well as a copy of the minutes of the adjourned regular Council meeting held May 24, 1943 the motion was made by Alderman Pflughaupt and seconded,by Kehe that the said minutes be approved. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the said minutes approved. ANNOUNCES O.C.D. BALL: Mayor Garland. then announced that the Division 10 of the Office of Civilian Defense (0.C.D.) will hold its annual ball at St.Mary'a Training School on June 25, 1943. He stated that the proceeds from this ball will be used to carry on the work of the 0.C.D, and urged all to help make this - ball a success. E. N. Fletcher DesPlaines Journal Chgo. Blue Print Co. Socony Vacuum Oil Co. Contour Saws, Inc. 13746 Middle States Tel. Co. 13748 Frank A. Bremer & Son 13750 D.P. Suburban Times 13752 D.P. Motor Sales 13754 artless -Austin Linen 13756 C. H. HensonvCo. • 13758 U.S. Postmaster 13760 Maringer & Company 13762 Meyer Coal & Mat'1 Co. 13764 D.P. Publishing Co. 13766 Des Plaines Journal 13768 Des Plaines Publishing Co. 13770 Sears Roebuck & Co. 13772 Municipal Instrument Co. 13774 B.F. Kinder's Sons 13776 Dohald R. Hoyt 13778 Meyer Coal & Matti Co. 13780 Reacher &'Betsold 13782 Imperial Trukking Co. 13784 Marblehead Lime Co. 13786 B. F. Kinder's Sons 13788 E. N. Fletcher, Engr. 13790 K. Stenquist 13792 Harry Jacks 13794 C. R.'Mead 13796 Mrs. James Creagh 13798 F. W. Wehrman. $ 39.49 13.51 18.00 140.02 1.65 14.50 5.03 1.53 2.45 32.50 11.35 15.95 10.65 18.87 1.81 62.00 42.02 4.08 4.37 45.90 2.35 16.00 2.91 1.81 2.39 5.00 3.50 115 2 ADJOURNMENT: The motion was made by Alderman Campagna and seconded by Kehe that the meeting adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the Council regularly adjourned.