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12/06/1943198 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS, MONDAY. DECEMBER 6th, 1943 AT 8:00 P.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 responding to the roll call. DESIGNATE ALDERMAN PFLUGHAUPT AS CLERK PRO TEM: Inasmuch as Edgar J. Friedrich, City Clerk, was absent due to illness, Alderman Pflughaupt was designated by regular motion to serve as Clerk pro tem for this meeting. APPROVAL OF MINUTES: The minutes of the regular Council meeting held November 15, 1943 as well as the minutes of the special Council meeting held November 23, 1943 were then approved by the Council. REPORTS: The reports for November, 1943 of the following then read: Frank F. Scharringhausen, Building Inspector Arthur Rieck, Electrical Inspector The Mayor ordered the said reports placed on file. ZONING VIOLATION - 1559 Ellinwood Street: the following letter: Mr. E. J. Friedrich Mr. Frank F. Scharringhausen City Hall Des Plaines Gentlemen: We will complete our From that date on we plete assemblies and The Mayor referred this letter the following letter: Mayor Chas. H. Garland Des Plaines, Illinois were The Clerk then read Re:Zoning Violation 1559 Ellinwood manufacturing Monday, Dec. 6, 1943. will occupy the building only to com- sell out the stock. SINCERELY' KEN LOUTON to the City Attorney for handling. DAY NURSERY REQUESTS BARRICADING STREET: The Clerk then read Dear Mayor Garland: We would like permission to close First Avenue between Oakwood and Walnut, Mondays through Saturdays from 9:30 A.M. to 11:00 A.M. and from 3:30 P.M. to 4:30 P.M. The MUNIX Children from our Nursery, located at 1040 Lee Street do DNX Not have a safe place to my play, and by closing off this street, it would allow them ample room to romp around away from the traffic. We have made arrangement s to fence in the play ground area immediately behind our building and until we have this com- pleted, we should like to have First Avenue closed during the above hours. Thanking you to give this your immediate attention, we are Very truly yours, THE CHILD WELFARE COMMITTEE OF DES PLAINES BERNICE M. FICK, Sec. The Council by regular motion referred this matter to the Committee on Public Protection with full power to act. 1 199 OPPOSE FURTHER ZONING FOR DUPLEX RESIDENCES: The motion was made by Alderman Napieralski and seconded by Kehe to instruct the Clerk to write the Zoning Board of Appeals informing the said board that the City Council is opposed to further zoning for duplex residences. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. APPROVAL OF BILLS: The Finance Committee through its vice- chairman 'Llderman Kehe, then introduced the following proposed resolution: RESOLVED THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE HEREBY AUTIHORIZED TO DRAW THE PROPER VOUCHERS IN PAYMENT OF THE SAME. 14308 Koehler Bros. $ 262.11 14309 Middle St.Tele. $ 37.65 14310 Publ. Serv. 1,648.57 14311 LeRoy J. Vavrinek 25.00 14312 Edith VanDelden 9.00 14313 Burroughs Add.Mch.Co. 6.43 14314 D.P. Journal 26.25 14315 D.P. Publishing Co. 6.75 14316 D.P. Journal 34.50 14317 H. A. Becker 25.00 14318 D.P. Motor Sales 98.26 14319 Kenneth Graham 27.07 14320 Hartless-Austin Sup. 1.65 14321 D.P. Publishing Co. 58.00 14322 Frank M. Opeka 21.40 14323 Meyer Coal &.Matti 124.12 14324 Lien Chemical Co. 46.08 14325 Thos.J. Heavey, Inc. 85.00 14326 D.P. Publ. Co. 12.90 :' The motion was made by "lderman Kehe and seconded by Campagna to adopt the said proposed resolution. The Mayor put the question and the Clerk i M called the roll with the following result: Ayes; Aldermen Johnson, Napieralski, Pflughaupt, Vavrinek, Kehe, Scharringhausen, Lemke, McKay, Campagna and Halverson. Nays: None. the Mayor thereupon £eclared the motion carried and the said resolution adopted. Adj ADJOURNMENT: It was moved seconded and carried that the Council adjourn to 8:00 P.M. Monday, December 13, 1943, whereupon the Mayor de- clared the meeting so adjourned. G. WALLER t'r'LUGt1Aut'T, Clerk, Pro Tem. MINUTES OF THE ADJOURNED REGULAR COUNCIL MEETING OF THE CITY COUNCIL OF DES PLAINES, HELD IN THE COUNCIL CHAMBERS ON MONDAY, DECEMBER 13, 1943 AT 8:00 P.M. CALL TO ORDiK: The meeting was called to order by Mayor Charles H. Garland presiding,with Aldermen Johnson, Napieralski, Pflughaupt, Vavrinek, Kehe, Scharringhausen, Lemke, McKay, Campagna, and Halversor. responding to the roll call. The Clerk reported all members of the Council present. TREASURER'S REPORT: The Clerk then submitted the report for November 1943 of Harold J. Aube, City Treasurer. The Mayor ordered the said report placed on file. CONCUR IN SAFETY RECOMMENDATIONS: The Clerk then read the following report: COMITITTEE REPORT To the Chairman Johnson - PUBLIC FROTECTIONcommittee, at the meeting ' of the City Council, held November 15, 1943 ,194_, the ftalowing matter was referred to your committee: The letter from the Des Plaines Traffic Commission dated October 26, 1943 recommending four (4) improvements to improve traffic safety. You will fnd'a copy of the said letter attached hereto. EDGAR J. FRIEDRICH, City Clerk. Des Plaines, Illinois, Dec. 13th 194. To the Mayor and City Council: Your Committee on Public Protection has investigated the 200 COMMITTEE REPORT CONT'D above and has found: That the recommendations of the Traffic Commission were unanimously approved by your Public Protection committee. We, your Committee on Public Protection , therefore reconulend: 1. That a "Curve" sign be erected on Route 58, Golf Rd., west of the Northwestern Ry. underpass, in Cumberland Terrace, warning eastbound traffic of the curve at Wolf Rd. 2. That the existing 30 M.P.H. signs on Wolf Rd. between Rand Rd. and the circle, be replaced by 25 M.P.H. signs. 3. That sodium vapor lights be erected around the Cumberland circle, through the underpass to the junction of Wolf and Golf Rds. On the first and second recommendations the city clerk be instructed to write the State Highway Dept. making these requests and the Chief of Police informed of this action with instructions to follow through. On the third recom- mendation the city clerk be instructed to write both the State and Chicago Motor Club to assist in this request. 4. That the delivery of a used snow plow has been promised within a week from date. Signed, Committee, Elmer W. Johnson LeRoy J. Vavrinek H. J. Halverson Paul J. Scharringhausen G. Walter Pflughaupt October 26, 1943 Hon. Charlie Garland, Mayor, City of Des Plaines, I11. Dear Sir: As a result of the meeting of your Traffic Commission, held October 14th., we suggest and recommend to the City Council, the following: I That they ask the State Highway Department to place a "Curve" sign, to be erected on 58 -Golf Road, west of the Northwestern Railway Underpass, in Cumberland, warning east -bound traffic of the approaching curve et Wolf Rd. II That they also ask the State to replace the existing 30 -mile per hour signs with 25 -mile per hour signs, on Wolf Road, be- tween the Cumberland Circle and Rand Road. III That Sodium -Vapor lights be erected around the Cumberland Circle, through the Underpass, to the Wolf and Golf Road junction, west of Northwestern Railway. To acquire this, we suggest that they contact the Eng'neers of the Chicago Motor Club, who in turn, could help, in approaching the State of Illinois. IV We appreciate the fact that the Council has acquired a heavy duty truck, and hope that they will soon secure the V-shaped blade and straight blade for the removal of snow, for it may be needed in the very near future. Respectfully yours, V. L. Spiegler, Secretary DES PLAINES TRAFFIC COMMISSION. The motion was made by Aderman Johnson and seconded by Napieralski to concur in this report. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the said report concurred in. 1 GRANT PERMISSION TO BARRICADE STREET: The Clerk then read the following report: COMMMITTR; REPORT To the Chairman Johnson - PUBLIC PROTECTION committee, at the meeting of the City Council, held December 6, 1943 , 194the following matter was referred to your committee: The letter'from "The Child Welfare Committee of Des Plaines" ted December 6th, 1943, requesting permission to barricade First Avenue between Oakwood and Walnut Avenues during certain periods for the purpose of providing play space for the Day Nursery at 1040 Lee Street. This letter was referred to your committee with full power to pct. You will find a copy of the said letter typed upon the reverse side hereof. EDGAR J. FRIEDRICH City Clerk. Des Plaines, Illinois, Dec. 13 194 3 To the Mayor and City Council: Yo Committee on Public Protection has investigated the above and has found: That the closing of this street as per request will not cause a great inconvenience to traffic. We, your Committee on Public Protection , therefore: has in- structed the Chief of Police comply with the request. Signed, Committee, Elmer W. Johnson H. J. Halverson LeRoy J. Vavrinek G. Walter Pflughaupt Paul J. Scharringhausen December 6, 1943 Mayor Charles H. Garland Des Plaines, Illinois Dear Mayor Garland: We would like permission to close First Avenue between Oakwood and Walnut, Mondays through Saturdays from 9:30 A.M. to 11:00 A.M. and from 3:30 P.M. to 4:30 P.M. The children from our Nursery, located at 1040 Lee Street do not have a safe place to play, and by closing off this street, it would allow them ample room to romp around away from traffic. We have made arrangements to fence in the play ground area im- mediately behind our building and until we have this completed, we should like to have First Avenue closed during the above hours. Thanking you to give this your immediate attention, we are Very truly yours, THE CHILD WELFARE COMMITTEE OF DES PLAINES BERNICE M. FICK, Sec. The Mayor ordered the said report placed on file. NORMA WELL REPAIRS COMPLETED: The Clerk then read the fol- lowing report: 201 91, Ay COMMITTEE REPORT To the Chairman Lemke - WATER,SEWER AND PUBLIC BUILDING committee, at the meeting of the City Council, held October 4, 1943 , 194. the following matter was referred to your committee: The matter of bringing the Norma Well pump up to its normal capacity was referred to your committee with full power to act. EDGAR J. FRIEDRICH City Clerk. Des Plaines, Illinois, Oct. 27 - 43194_.___ To the Mayor and City Council: Your Committee on Water has investigated the above and has found: The Norma Well pump has dropped in capacity alout 200 gals. per minute, due to a partly disconnected flange with two bolts completely out of the pipe flange. We, your Committee on Water , therefore: Had the pump pulled, and have now put the well pump up to 460 gals, per minute, and should be in first class condition for some time come, we hope. Attached is a complete Performance Test of tie Norma Well. Signed, Committee, J. W. Lemke LeRoy J. Vavrinek H. J. Halverson S. Campagna Elmer W. Johnson The Mayor ordered the said report placed on file. FIND OPPOSITION TO ZONING LEE STREET: The Clerk then read the following report: December 13, 1943 Des Plaines, Illinois The Honorable Mayor and City Council: Sirs: Relative to the recent letter from the City Clerk, in- structing us to proceed with a hearing on the zoning of Lee Street, we can advise you that our original legal notice was questioned by the residents of this district on the basis of being illegal due to the fact that we advertised the hearing to come under the classification of class B residence. Subsequently, we advertised again for a meeting on December 7 and unfortunately the notices appeared in the paper with a typo- graphical error, which likewise 'wrought up the question of the legality of the notice. However, since your Board had convened and there were ap- proximately 25 people present, we thought it was a good idea to get the reaction of the people present concerning the question of a suitable classification for this district, other than un- restricted. The concensus of this meeting, which represented the majority of property owners along Lee Street in the district involved, were against putting t.'ls property under aly zoning classification. We thought it was proper to report this feeling to your. Body. We are considering the matter closed unless instructed otherwise by the City Council. A. H. James Zoning Board of Appeals A. H. James, Secretarl. 203 REPORT CONT'D The motion was made by Alderman Kehe and seconded by Campagna to re- fer the said matter to the Municipal Development Committee with full power to act and with instructions to circularize the property owners involved apprizing them of the situation. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. DECLINE TO INSTITUTE TAX AAD SPECIAL ASSESSMENT FORECLOSURE PROCEEDINGS: The Finance Committee, through its Chairman Alderman Pflughaupt, then presented the following report: COMMITTEE REPORT To the Chairman PFLUGHAUPT - Finance committee, at the meeting of the City•Council, held November 15, 1943 ,194, the fol- lowing matter was referred to your committee: A proposed resolution seeking to institute foreclosure pro- ceedings foreclosing the liens of all special assessments and general taxes in the subdivision known as Homeramerican Villas, Sunset Gardens, and Des Plaines Gardens. You will find a copy of the said resolution attached hereto. EDGAR J. FRIEDRICH City Clerk. =. 12/3/43 = We, your Committee above , therefore recommend: that the at - et tached resolution be 1.12.1i adopted. G. Walter Pflughaupt, S. E. McKay, LeRoy J. Vavrinek, H. J. Kehe, T. R. Napieralski The motion was made by Alderman Pflughaupt and seconded by Kehe to concur in the said report. The motion as voted upon by acclamation whereupon the _Mayor declared the motion carried; the said report con- curred in and the said resolution not adopted. REJECT PROPOSAL TO INSTITUTE SPECI:L ASSESSMENT FORECLOSURE PROCEEDINGS FOR "DES PLAINES GARDENS": The Finance Committee through its chairman Alderman Pflughaupt, then submitted the following report: COMMITTEE REPORT To the Chairman Pfluuhaupt. FINANCE committee, at the meeting of the City Council, held November 23. , 194_2_, the following mat- ter was referred to your committee: The letter from D. B. Maloney dated November 20, 1943, of- fering a proposal for the institution of special assessment foreclosure proceedings against all delinquent property in the subdivision known as "Des Plaines Gardens". You will find a copy of the said letter attached hereto. Inasmuch as this matter was referred to your committee and the City Attorney, I would request that you have Mr. Opeka present at all your deliberations on tAis matter. EDGAR J. FRIEDRICH,City Clerk. To the Mayor and City Council: Dec. 13, 1943 Your Committee on Finance has investigated the above and has found: that the property in question is not distress property We, your Committee on Finance , therefore recommend: That the proposal be rejected. G. Walter Pflughaupt, S.E.McKay, LeRoy J.Vavrinek, H.J.Kehe, T.R. Napieralski The motion was made by Alderman Pflughaupt and seconded by Napieralski to concur in this report. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried; the report concurred in and the said proposal rejected. TAXICAB RATE ORDINi ?CE REFERRED BACK TO COMMITTEE: The Clerk then read the following report: 204 COMMITTEE REPORT To the Chairman Johnson - Public Protection Committee, at the meeting of the City Council, held November 15, 1943, the following matter was referred to your committee: The proposed ordinance regulating taxi cabs and setting rates for the same, which was given first reading November 15th and which is entitl- ed: AN ORDINANCE AMENDING SECTION 614 AND 615 OF ARTICLE II OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF DES PLAINES 1928 AND AMENDING ARTICLE II of CHAPTER 17 BY ADDING THERETO SECTION 621-A. also a letter pertaining to taxi cab rate from Mr. R. Nyren president of the Cumberland terrace civic club, dated October 30, 1943. I believe you have a copy of the proposed ordinance, and I am attaching a copy of the said letter hereto for your information. EDGAR J. FRIEDRICH,City Clprk Des Plaines, I11., Dec. 13th, 1943 To the Mayor and City Council: Your Committee on Public Protection has investigated the above and has found: That the increase in rates at this time is warranted, be- cause of the higher cost of insurance, maintenance, labor, etc. Con- siderable time was spent considering the various methods of assessing charges for this type of service. In the final analysis metering was considered the most fair. Because of the fact that meters have been hard to purchase, this ordinance has been purposely delayed, to allow the cab companies ample time to have them installed. We, your Committee on Public Protection, therefore recommend: That this ordinance be passed. PAUL J. SCHARRINGHAUSEN LEROY J. VAVRINEK H.J. HALVERSON G. WALTER PFLUGHAUPT ELMER W. JOHNSON, Chairman After considerable discussion the motion was made by Alderman Kehe and seconded by McKay to recommit this report together with the said proposed ordinance to the Committee/i on Public Protection for further study and recommendation. The motion was voted upon by acclamation whereupon the Mayo4 declared the motion carried and the matter so re -committed. AUTHORISE ZONING OF UNCLASSIFIED AREAS: A question pertaining to the present zoning status of "Des Plaines Villas" brought to light the fact that apparently there are several subdivisions in Des Plaines which have never been officially zoned. The motion was made by Alderman Napieralski and seconded by Kehe to author ize and direct the Mayor to appoint a zoning commission to study the such unclassified areas with a view toward classifying the same. The motsbon was voted upon by acclamation whereupon the Mayor declared the motion carried. PREPARE FOR FINAL ACCEPTANCE OF CUMBERLAND TERRACE SEVIER-SA#149: Alderman McKay then inquired as to what has been done to force the Ordei Construction Co. to put the streets of Cumberland Terrace back into their original condition. The Clerk read a copy of the letter sent to the Oriel. Construction Co. as follows: September 18, 1943 Orfei Construction Co. 5 Broadway Melrose Park, Illinois Gentlemen: The City Council of the City of Des Plaines herewith requests that you proceed at once to replace all broken sidewalk, pick up excess earth left on easements and roadways, replace roadway surfaces and repair driveways where damaged by you in construction of the Cumberland Terrace sewer job and that all work be completed within 30 days from this date. . Very truly yours, CITY OF DES PLAINES, EDGAR J. FRIEDRICH (LETTER - cont'd)-(CUMBERLAND TERRACE SEWER) Upon the suggestion of Mayor Garland the motion was made by Alderman McKay and seconded by Lemke to authorize and direct the Mayor to appoint a committee of three members consisting of a representative of the City of Des Plaines, a representative of the residents of Cumberland Terrace and a representative from the Orfei Construction Co. for the purpose of investigating this matter and determining whether or not the Cumberland Terrace Streets have been put into same condition as they were prior to the construction of the sewer, and whether in general Mr. Orfei had ful- filled his contract. It is understood that the Orfei Constructitn Co. is not to be released from its bond until the City Council receives a favorable report from this committee. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. Mayor Gari land stated that he would appoint this committee some time in the near future. PETITION TO ELIMINATE FLOODING OF WELLER CREEK: The Clerk then read the following petition: Board of Trustees Weller Creek Drainage District WHEREAS, we the residents in the area known as Branigar's Cumber- land Terrace have been seriously inconvenienced by flood waters from Weller Creek, and WHEREAS, we believe that flooding of the said area can be reduced and perhaps entirely eliminated by providing larger culverts for Weller Creek under Wolf Road and under the main line tracks of the Chicago e.nd Northwestern Railroad, and by providing a dam north of Route #58 to delay the flow of storm waters in Weller Creek, THEREFORE, we the undersigned residents of Cumberland Terrace do hereby respectfully petition the Board of Trustees of the Weller Creek Drainage District to provide such larger culverts under Wolf Road and under the main line tracks of the Chicago and North- western Railroad, and further to provide a dam across Weller Creek north of Route458. Signed, (by approximately 200 persons) The motion was made by Alderman McKay and seconded by Kehe•to refer this petition to the City Attorney with instructions to prepare a suitable resolution concurring in the said petition. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. APPROVAL OF BILLS: The Finance Committee through its chair- man Alderman Pflughaupt then introduced the following proposed resolution: RESOLVED THAT THE FOLLOWING BILLS APE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE HEREBY AUTHORIZED TO DRAW THE PROPER VOUCHERS IN PAYMENT OF THE SAME. 14364 Des Plaines Journal 39.25 14365 14366 Johnson's 36.12 14367 14368 H. Wolf 6.54 14369 14370 V. Spiegler 6.54 14371 14372 G. Lagerhausen 10.65 14373 14374 A. Kuhlman 6.70 14375 14376 H. Coffman 6.54 14377 14378 L. Bierman 6.54 14379 14380 C. Manz 8.19 14381 14382 A. Collignon 10.65 14383 14384 E. Ahrens 6.54 14385 14386 H. Lauritzen 7.72 14387 14388 Meyer Coal & Mat'l Co. 14.00 14389 14390 DesPlaines Motor Sales 51.99 14391 Corp. 14392 Kxema Trucking Co., Inc. 13.70 14393 14394 Socony Vacuum Oil Co. 15.91 14396 William H. Catar 156.00 H. A. Becker A. Geisen W. Kinder A.E.Kuhlman B. Stangor R. Kolze E. Nagel S. Atkins A. Wille J. Hammerl A. Esser G. Gniot 32.50 14.94 6.54 7.02 6.70 6.54 8.19 7.02 8.19 7.02 6.54 9.65 Erlinder Platt Corp. 9.00 Lagerhausen Lbr.& Coal.. Co. 51.50 Imperial Trucking 23.02 Corp. 14395 Socony Vacuum Oil Oa 14.96 14397 James B.Clow & Sons 82.42 205 206 APPROVAL OF BILLS (CONT'D) 14398 Addressograph Sales Agecy 19.82 14399 Bd. of Trustees Police Pens.Fund 44.24 14400 Bd. of Trust.Fire. Pens. Fund .53 The Motion was made by Alderman Pflughaupt and seconded by Lemke that the said proposed resolution be adopted. The Mayor put the question and the clerk called the roll with the following result: Ayes; Aldermen Johnson, Napieralski, Pflughaupt, Vavrinek, Kehe, Scharringhausen, Lemke, McKay, Campagna and Halverson. Nays: None. The Mayor thereupon declared the motion carried and the said resolution adopted. ADJOURNMENT: The motion was made by Alderman Lemke and seconded by Napieralski that the wetting adjourn. The motion was voted upon by acclamation whereupon the Mayor �-,clar tmotion carried and the council regularly adjourned. MINUTES OF THE REGULAR MtiETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS, MONDAY, DECEMBER 20, 1943. AT 8:00 P.M. CALL TO ORDER; In the absence of Mayor Charles H. Garland, the meeting was called to order by Edgar J. Friedrich, City Clerk, with Aldermen Johnson, Napieralski, Vavrinek, Kehe, Scharringhausen, Lemke, Campagna and Halverson responding to the roll call. (Mayor Garland, Alderman Pflughaupt and Alderman McKay were absent during the entire meeting.) The Clerk reported eight (8) aldermen present. DESIGNATE MAYOR PRO TEM: The motion was made by Alderman Lemke and seconded by Campagna that Alderman Johnson serve as Mayor pro tem in the absence of Mayor Garland. The motion was voted upon by acclamation whereupon the chair declared the motion carried. Alder- man Johnson thereupon took the chair and presided during the entire meeting. TRANSMIT PETITION TO WELLER CREEK DRAINAGE DISTRICT: The Clerk then read the following proposed resolution: RESOLUTION. *B* * * WHEREAS, the residents of Branigar's Cumberland Terrace Subdi- vision in the City of Des Plaines have presented to the City Coun- cil a petition directed to the Commissioner of Weller Creek Drainage District for the construction, improvement and extension of certain culverts and the enlargement and extension of certain flumes within the jurisdiction of said drainage district to eliminate the causes of flood conditions in said subdivision occasioned by the over- flowing of the waters of Weller Creek; and WHEREAS, the said petitioners request concurrence on the part of the City Council and request further that the City Council forward their said petition with its expression; and WHEREAS, The City Council,'after due consideration believe that such improvements and extensions will tend to eliminate the flooding of said area caused by the overflow of storm waters in said Weller Creek; now, therefore: BE IT RE OLVED by the City Council of the City of Des Plaines, Cook County, Illinois: SECTION 1. That the City Council hereby concurs in the request of the residents of Branigar's Cumberland Terrace Subdivision as set forth in their petition directed to the Commissioner of the Weller Creek Drainage District for the construction, eiLargement of certain flumes within the jurisdiction of said drainage district to eliminate the flooding of said area caused by the overflow of storm waters in said Weller Creek.