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.