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08021948
/1/ MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, MONDAY, AUGUST 2, 1948 AT 8:00 P.M. CALL TO ORDER. The meeting was called to order by Mayor G. Walter Pflughaupt who presided with Aldermen Johnson, Hansen, Vavrinek, Wolf, Kehe, Baines, Harm, McKay, Halverson, and Morava, responding to roll call. Reports of CITY OFFICIALS. The City Clerk submitted the reports of Inspectors F. Scharringhausen and A. Rieck also the City Clerk's monthly report of cash receipts. COMMITTEE REPORTS. Public Protection Committee. The Clerk read the following report: Your committee on Public Protection has investigated the above and have found: That the Business Merron Center Street request the City to sublease from them the vacant property on the East side of Center from Prairie Avenue north to the alley. By so doing the Police Department can legally enforce the two hour parking in this area. We, your Committee on Public•Protection, therefore recommend: That'the Mayor and City Clerk be authorized to execute a lease with the Business men of Center Street for the vacant proportion the East side of Center Street from Prairie Avenue north to the alley, for a period of one year, at *1.00 per year. Also the Business men shall carry liability insurance, *25,000 to $50,000, to protect the City. Signed Committee, Elmer W. Johnson E. G. Hansen R. G. Wolf Johnson Hansen The motion was made by Alderman McKay and seconded by Mama to concur in the report. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. Municipal Development Committee. Alderman McKay read the following report regarding County Zoning Board Hearing on rezoning northeasterly side of Rand Road and west of Soo Line Railroad: As we had information to the effect that at a joint meeting of the Cumberland Maintainence Corporation and the Cumberland East Civic Organization on July 20th it was the concensus that no objection would be made by those associations, and as in the course of the hearing before the Zoning Board Chairman Kingery had stated that the Board would give consideration to the advisability of adhering to customary practice in such proposed rezonings by con- fining the depth of the area to 200 feet from center line of Rand Road (which petitioners stated would be acceptable) your Municipal Development Committee advised the Board through Chairman McKay that the City of Des Plaines had no ob- jection to the proposed rezoning either as petitioned for or the modification that might be recommended by the Zoning Board. I move that this action of the Municipal Development Committee and this report thereof be concurred in by this 8ouncil and that the City Clerk so advise the Zoning Board of Appeals of Cook County and at the same time ask that this Council be advised by the Zoning Board of the final disposition of this matter. Municipal Development Committee S. E. McKay, Chairman Eric G. Hansen Elmer Johnson The motion was made by Alderman McKay and seconded by Harm to concur in the report. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. APPROVAL OF BILLS. Alderman Kehe, Chairman of the Finance sented the following proposed resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOL- LOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Committee, pre- /12 APPROVAL OF BILLS CONT'D. 19885 Frank M. Opeka $ 27.34 19887 D.P. Publishing Co. 19889 City Clerk's Petty'Gash 19891 H. A. Becker 19893 D.P. Motor Sales, Inc.` 19895 Arthur Rieck 19897 Frank A: Bremer & Son 19899 Kaufman's Electric Shop 19901 Duncan Meter Corp. 19903 Harley-Davidson Shop 19905 The C.H. Hanson Co. 19907 B. F. Kinder's Sons 19909 The Miro-Flex Co, Inc. 19911 Starling Pest Control Co. 19913 Socony Vacuum Oil Co, Inc. 19915 Journal Printing Co. 19917 Water Dept., Petty Cash 19919 Robert Gregory 19921 C. D. Henderson 19923 Thomas D. Wilson 19925 Village Elec. & Radio Shop 19927 The Sebauer Chemical Co. * 19886 35.00 * 19888 16.10 * 19890 87.00 * 19892 49.92 * 19894 37.50 * 19896 22.29 * 19898 115.40 * 19900 519.49 * 19902 6.10 * 19904 11.25 * 19906 25.14 * 19908 95.80 * 19910. 20.00 * 19912 80.48 * 19914 29.50 * 19916 22.74 * 19918 3.50 * 19920 4.20' * 19922 5.00 * 19924 15.00 * 19926 7.49 Journal Printing Co. Otto W.J. Henrich Serak Brothers Des Plaines Cafe Village Elec. & Radio F. Scharringhausen Lien Chemical Co. D. P. Journal Brandt Auto. Cash Co. Frank A. Bremer & Son $ 37.00 55.00 100.00 9.87 47.50 37.50 7.74 83.00 28.00 29.33 Prairie -Lee Paint Store 2.42 Duncan Meter Corp. 15.60 Lagerhausen L. & C. Co. 8.86 Marblehead Lime Co. 852.00 Manning, gaxwell&koore 11.74 U. S. Postmaster 75.15 Addressograph Sales 9.31 W. L. Click 3.65 Arthur Neumann 5.00 D. L. Burns 5.00 Lagerhausen L.&C. Co. 66.70 The motion was then made by Alderman Kehe and seconded by Vavrinek to adopt the proposed resolution. The Mayor put the question and'the Clerk called the roll with the following results: Ayes: Aldermen Johnson, Hansen, Vavrinek, Wolf, Kehe, Baines, Harm, McKay, Halverson, & Morava. Nays: none. The Mayor thereupon declared the motion carried and the proposed resolution adopted. The City Clerk informed the Council he had three bids for Street Maintenance. After the Mayor inquired if there were any more bids the motion was made by Alderman Wolf and seconded by Baines that the Clerk open the Bids. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. The following are the bids: Skokie Valley Asphalt Co., Des Plaines - - - - -• $3,816.00 Black Top Roads Co., 1929 N. Narragansett, Chgo. 4,155.00 Rock -Road Const. Co. 5915 N. Rogers Avenue, " 4,290.00 The Mayor declared a short recess so that the Street Committee could study the bids and report. After reconvening, the motion was made by Alderman Vavrinek and seconded by Baines to accept the bid of the Skokie Valley Asphalt Company with approval of State Highway Department. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. ZONING BOARD OF APPEALS RECOMWENDATION ON VETERAN'HOUSING REQUEST. The Clerk read the following letter: Hon. Mayor & City Council City of Des Plaines Des Plaines, Illinois Sirs: Des Plaines, Illinois August 2, 1948 Pursuant to law, your Zoning Board of Appeals sitting as a commission, held a public meeting at the hour of 8 P.M. daylight saving time, on the 20th day of July, A.D., 1948 in the Council Chambers, Municipal Bldg., Des Plaines, Illinois. The property involved is as follows: All lots in blocks 4,5, and 6 in Oliver Sal - linger and Company's Touhy Avenue Subdivision, a part of the South of Section 28, Township 41, Range 12. The applications adking for rezoning of the following lots from Commercial to Residential Class A: Lots 1 to Lots 1 to Lots 1 to Lots 1 to Lots 1 to The application also 11 inclusive in Block 5 11 inclusive in Block 6 11 inclusive in Block 8 11 inclusive in Block 9 11 inclusive in Block 10 asks for a variation on all lots in blocks 4, 5, & 6: ZONING BOARD OF APPEALS LETTER CONT'D. The purpose of this meeting was to consider the rezoning of certain lots in blocks 4, 5, and 6 from commeridal to residential Class A. At a subsequent meeting, your Zoning Board, -after considering all testimony, considered the applicant's request for reclassification to be of the highest use of this property. We therefore recommend that the property be rezoned from commercial to residential Class A. The application also asked for a variation on all lots in blocks 4, 5, and 6 ao that they could be used for multi -,family purposes for a definite period of time. The Zoning Board recommends that the variation be granted for a period of five years; provided however, that this period may be extended not to exceed five additidnal years upon application of the owners of the property involved. Respectfully submitted, Zoning Board of Appeals of A. H. James, Secretary The motion was made by Alderman Morava and seconded by Harm to concur in the recommendation. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. PASS ZONING ORDINANCE (VETERAN HOUSING). The Clerk read for reading the following proposed ordinance entitled: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DES PLAINES ILLINOIS. first The motion was made by Alderman Morava and seconded by Harm to suspend the rules and pass the proposed ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Aldermen Johnson, Hansen, Vavrinek, Wolf, Kehe, Baines, Harm, McKay, Halverson, and Morava. Nays: none. The Mayor declared the motion carried, the rules suspended, and the proposed ordinance before the Council for final passage. The motion was made by Alderman Morava and seconded by Harm to pass the proposed ordinance. The Mayor put the question and the Clerk called the roll with the following results: Ayes: Aldermen Vavrinek, Johnson, Hansen, Wolf, Kehe, Baines, Harm, McKay, Halverson, and Morava. Nays: none.• The Mayor declared the motion carried and the proposed ordinance passed. ILLINOIS COMMERCE COMMISSION HEARING ON UNITED MOTOR COACH INCRFA,SE IN FARES. The Clerk read the following letter: July 29, 1948 - In the matter of the proposed increase in the elimination of bus fares over all certificated routes, stated in 36554' Tariff MP - Ill. C.C. No. 18, filed by United Motor Coach Company. To all parties in case 36554: NOTICE OF SETTING. You are hereby notified that a hearing will be held in the above - entitled matter at the office of the Commission'at Chicago, Illinois, 19th Floor, 160 North LaSalle Street, on Tuesday, September 14th, 1948, at the hour of 10:00 A.M., (Daylight Saving Time). Kindly acknowledge receipt of this notice. N Very truly yours, M B ILLINOIS COMkERCE COMMISSION b JOSEPH F. GUBBINS g Secretary ILLINOIS COMMERCE COMMISSION HEARING ON UNITED MOTOR COACH INCREASE IN FARES CONT'D. The City Attorney Opeka was instructed to attend the hearing. CITY ATTORNEY OPEKA'S REPORT ON C. & N. W. RAILROAD REZONING. The Clerk read the following report: August 2, 1548. Honorable Mayor and City Council, Des Plaines, Illinois.. Gentlemen: I have made an exhaustive study of the subject matter presented by the Legal Department of the Chicago and North Western Railroad, in which they question the sufficiency of the written protest filed in connection with the ap- plication for rezoning of their property and by which a two-thirds vote of the Aldermen was required under the law in such cases made and provided. The Statutes, as well as our Ordinance, provides among other things, as follows: ****** In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by (1) the owners of twenty per cent of the frontage proposed to be altered, or (2) by the owners of twenty per cent of the frontage immediately adjoining or across an alley therefrom, or (3) by the owners of twenty per cent of the frontage directly opposite the frontage directly opposite the frontage proposed to be altered, is filed with the Clerk of the Municipality, the amendment shall not be passed except by a favorable vote of two-thirds of all of the aldermen or trustees of the Municipality. You will note that a two-thirds vote of all of the elected Aldermen is required to adopt an amendment to a Zoning Ordinance when any one of the three conditions above mentioned is complied with. The instant question is predicated solely upon the protest "by the owners of twenty per cent of the frontage immediately adjoining or across an alley therefrom." The sole issue here presented is: Do the written protests meet the requirements of the Statute. The position of the railroad is that frontage con - Sista oftstreet frontage of the adjoining property. The attorneys for the respective interests have submitted memor- andum briefs which were considered by the undersigned. The first proposition that presents itself is the meaning of the phrase "frontage immediately adjoining." Webster's International Dictionary defines frontage as (1) the front part of an edifice or land; extent of front, as of land, along a stream or road; (2) act or fact of fronting or facing a given way. The dictionary defines "immediately" as: without intermediary in direct connection or relation; and the definition for "adjoining" is: Adjoining to, contiguous, adjacent; and its synonyms are: abutting, bordering, and contiguous. The case of Standard Oil Company v. Kamradt, 319 Ill. 51, defines the accepted meaning of the word frontage as follows: the term 'frontage', unless a special meaning must be given it by reason of the language of a particular ordinance, may be defined as the line of demarcation between private property and that open to the general use of the public, such as a street, stream, or park, and where two sides of such property face or abut both a street or streets, stream, or park. it has frontage on both sides." It must be assumed that the legislature intended to cover every situation which could arise in a zoning matter pertaining to amendments and used "frontage" as a basis to determine such a situation. The statement that "the owners of 20% of the property immediately adjoining ***", appears to be confusing from the memoranda submitted to the undersigned. For the purpose of considering the subject, we will assume that the interpretation placed by the objectors is proper. Their position is that the language of the statute means that the frontage adjoining the property is to be based on that portion of adjoining land which faces or abuts upon a street. In considering that method, after considerable study by the City Engineer and myself, it would appear that the written objections fail for the following reasons: 1. The objectors designate the railroad as owning 1390 feet; Alfini 598 feet and the lot on Prairie Avenue 75 feet; making a total area of 2063 feet. 20% of that frontage amounts to 412.60 feet as the required frontage to compel a two- thirds vote. Alfini's holdings as indicated by the written objection show him to own 598 feet. A study of the Torrens records, Volume 855 A, page 163, shows that Alphonso Alfini and Theresa Alfini each own an undivided one-half interest in PAGE 114 *the perimeter, whereas, the protesting owners contend that the frontage con- sists of**** PAGE 115 *or stream frontage and merely have an easement for means of ingress and egress. These two parcels are directly affected by what is to take place in the property sought to be rezoned and if the street*** //.5" CITY ATTORNEY OPEKA'S REPORT ON C. & N. W. RAILROAD REZONING CONT'D. Lots 1 to 8 inclusive and Lots 11 to 28 inclusive. Since the protest was signed only by Mr. Alfini, it is necessary therefore to reduce the frontage owned by Alfini to 397.50 feet, thereby falling short of the requirement under the statute, which is 412.60 feet. 2. On the basis of the Illinois Supreme Court decision above cited and having reached the conclusion that the railroad property in addition to the frontage set forth by the objectors, should include 140 feet of right-of-way on Thacker Street adjoining the property in question being frontage according to the objectors method, as fronting on Algonquin Road. In addition, the frontage on Weller Creek which is located on the north end of this. property amounting to 890 feet must be added, inasmuch as Weller Creek, a flowing stream is considered as public waters under the provisions of the statutes, appearing in paragraph 65, ehapter'19 of the Illinois Revised Statutes of 1947. The Weller Creek Drainage District has a right-of-way of 60 feet on which no structures of any kind are permitted to be erected. The Creek drains into the Des Plaines river which is a navigable stream and therefore, Weller Creek becomes a public body -of water under the statute. That portion, of the land therefore, has frontage to the extent of 890 feet on the creek. The measurements to determine the total area affected on the objectors basis are as follows: The railroad has 850 feet on Wolf Road, a 50 foot strip on Thacker Street, 490 feet to the west of the right-of-way on Thacker Street, 140 feet adjoining that portion used as right-of-way on Thacker Street. (The Northwestern owns the land to the center of Thacker Street, subjectonly to an easement for highway uses.) These with frontage on Algonquin Road and 890 feet frontage on Weller Creek makes a total of 2,420 feet. The precise measurement of Cherry Highland subdivision shown by the objectors' as 598 feet is in reality 595.40 feet. The lot on Prairie Avenue indicated in the petition as 75 feet is in reality 83.90 feet, or a total of 679.30 feet, other than railroad property. Railroad 2420 feet and objectors 679.30 feet. 20% of that amount equals 619.86 'feet. If Alfini were the sole owner of 595.40 feet, he would fall short of the required number of feet necessary under the statute to require a two-thirds vote of all of the Aldermen. Since he is owner of an undivided one-Y}alf, the total area under his ownership therefore would be 396.76 feet, which makes it far below the required number of feet under the statute. 3. Mr. Alphonso Alfini signed the protest as the owner of the property. The records disclose that :he owns an undivided one-half of all, excepttwo lots which are owned by him alone. A general tax foreclosure and a special as- sessment foreclosure suit was filed; a sale held and there are now outstanding certificates of purchase. The Alfinis have a right of redemption which will expire during the month of September, 1948. The City of Des Plaines authorized the foreclosure of the special assessments and the undersigned knows that the certificates of purchase are going to a deed and that there will be no redemption. The obvious conclusion is that there is no ownership in Alfini, inasmuch as there will be no redemption and in order to carry out his planwill be unable to take title to his premises here involved. It can readily be seen from the foregoing that in no event have the objectors the 20% of the frontage required and therefore, the ordinance could have been passed in the regular manner by a majority vote of the Council. While there is some merit and reason to the position taken by the objectors in the method of computing the frontage of immediately adjoining property, I am compelled to adopt the conclusion of the Supreme Court of this State in the case above cited, that the word "frontage" because of the char- acter and area of the property in question, must be given a special meaning. A situation which will be heard in a few days in which two parcels of land adjoining another seeking to be rezoned, have no street4Eer stream is the only requisite, they would then have no right to offer a protest in view of the fact that they had no so-called "street 8ontage." It is a maxim of the law that there shall be no wrong without a remedy and the Courts have repeatedly held that laws must be of equal, application. Under date of July 2, 1948, a memorandum brief was drafted and copies forwarded to respective Council. The opinion was not submitted because of the request of the railroad to consider their written views on the subject and to give full consideration to all concerned. The Railroad's vows were submitted to Council for the objectors, who in turn submitted his written report. Full consideration has been given all parties in interest. In view of the foregoing, you eay, if you so desire, reintroduce the ordinance and act upon it the same as you do in the case of any other ord- inance presented to you for consideration. Respectfully submitted, FMO*AGH Frank M. Opeka, City Attorney 1/6 The motion was made by Alderman McKay and seconded by Harm to refer the letter to the Municipal Development Committee for study and discussion with the objectors. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. PETITION FOR CITY WATER. * * GROVE AND WOODLAWN AVENUE RESIDENTS. The Clerk read the following petition which had thirty three signatures: We, the signers of this petition are desirous of obtaining water from the City of Des Plaines and so hereby request that a survey be made to determine the cost and method of financing such an installation. The Mayor referred the petition to the Water Committee. LETTER FROM FIRST CHURCH OF CHRIST SCIENTIST REGARDING REPAIRING MARION STREET. The Clerk read the following letter: July 13, 1948 Mr. Henry J. Kehe; Alderman 666 Laurel Avenue Des Plaines, Illinois Dear Mr. Kehe: As our Alderman, may we come to you with a matter which has been on our minds for some time? There is a considerable amount of dust caused by that short, two block long street on one side of our church known as Marion Street. Would it seem unreasonable to ask that Marion Street be oiled, or black topped, or Bien paved? Most of the streets of Des Plaines being paved, we wonder why this short street was overlooked. We are endeavoring to beautify our church grounds and church edifice, which we feel is as much an asset to the community as it is to us, and we are extending this endeavor to see what can be done about Marion Street. Anything you can do in this regard will be greatly appreciated. With best wishes, we are Very sincerely yours, BOARD OF DIRECTORS (Mrs.) Helen P. Fabian Clerk. The Mayor referred it to the Street Committee. MORTON GROVE REQUEST FOR GARBAGE INCINERATION. The Clerk road the following letter:'' Mayor and Aldermen of Des Plaines, Illinois Gentlemen: August 2,1948 The Village of Morton Grove at present uses the facilities of the Lutter Brick Yard for the disposal of garbage. You, no doubt, are aware of the action being taken by Glenview citizens to relieve the condition they object to. As a result, the Village of Morton Grove would like to inquire as to the possibility of using the facilities of the City of Des Plaines incinerator. This matter will be presented to the Village Board and we would like to have an assurance that the service will be available and what fee and arrangements will be involved. Sincerely yours, 9425 Normandy Avenue `Morton Grove, Illinois The motion was made by Alderman Vavrinek and seconded by Wolf that the City Clerk communicate with Morton Grove officials regarding rates and contract. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. Joseph Reiter, Village Trustee 1 7 //7` PASS TWO ORDINANCES VACATING ALLEYS IN CUMBERLAND. The Clerk read for first reading the following proposed ordinance entitled: AN ORDINANCE VACATING AN ALLEY IN THE CITY OF DES PLAINES, ILLINOIS. ************** The motion was made by Alderman Johnson and seconded by Hansen to suspend the rules and pass the proposed ordinance. The Mayor put the question and Clerk called the roll with the following result: Ayes: Aldermen Johnson, Hansen, Vavrinek, Wolf, Kehe, Baines, Harm, McKay, Halverson, and Morava. Nays: None. The Mayor declared the motion carried and the proposed ordinance before the Council for final passage. The motion was made by Alderman Johnson and seconded by Hansen to pass the ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Aldermen Johnson, Hansen, Vavrinek, Wolf, Kehe, Baines, Harm, McKay, Halverson, and Morava. Nays: None. The Mayor declared the motion carried and the propd.sed ordinance passed. The Clerk read for first reading the following proposed ordinance entitled: AN ORDINANCE VACATING AN ALLEY IN THE CITY OF DES PLAINES, ILLINOIS. ***************** The motion was made by Alderman Johnson and seconded by Hansen to suspend the rules and pass the proposed ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Aldermen Johnson, Hansen, Vavrinek, Wolf, Kehe, Baines, Harm, McKay, Halverson, and Morava. Nays: None. The Mayor declared the motion carried and the proposed ordinance before the Council for final passage. The motion was made by Alderman Johnson and seconded by Hansen to pass the proposed ordinance. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Aldermen Johnson, Hansen, Vavrinek, Wolf, Kehe, Baines, Harm, McKay, Halverson, and Morava. Nays: None. The Mayor declared the motion carried and the proposed ordinance passed. APPROVAL OF MINUTES. The motion was made by Alderman Baines and seconded by Kehe to approve the minutes of July 19, 1948. The motion was voted upon by ac— clamation whereupon the Mayor declared the motion carried. ' RECEPTION FOR HERB BARTEN. Mayor Pflughaupt suggested to the Public Relations Committee that a public reception be held in the Council Chambers for Herb Barten, who had placed fourth for four points in the Olympic Games at London, England in the 800 Meter, Championship race, when he returns September 7, 1948. ADJOURNMENT. The motion was made by Alderman Wolf and seconded by Vavrinek to adjourn. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried and the meeting regularly adjourned. OTTO W J. HENRICH, CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, MONDAY, AUGUST 16. 1948; AT 8:00 P. -M. CALL TO ORDER. The meeting was called to order by Mayor G. Walter Pflizghaupt, who presided with Aldermen Johnson, Hansen, Vavrinek, Wolf, Kehe, Baines, Harm, McKay, Halverson, and Morava responding to roll call. COMMITTEE REPORTS. Water Committee. Alderman Halverson reported that he had received the Storm Sewer report from City Engineer, E. N. Fletcher, and'that he would later receive a report from Mr. Benjamin. He suggested that the Council study these reports before they were made public. The Mayor stated that the'Board of Local Improvements would have a special meeting on Monday, August 23, and' these, reports could be discussed after that meeting. License and Inspection Committee. The Clerk read the following re- port regarding the refund of ;100.00 to Packy's Beer Delivery: and has found: LICENSE AND INSPECTION COMMITTEE REPORT, CONT'D. Your Committee on License and Inspection has investigated the above that Licensee has had the benefit and use of this license for more than six months, and that the sale and delivery of beer to the individual home in Des Plaines definitely should be locally controlled. We, your Committee on License and Inspection, therefore recommend: that the $100.00 refund to Packy's Beer Delivery should not be paid. R. G. Wolf Walter Morava E. G. Hansen The motion was made by Alderman Wolf, and seconded by McKay, to concur in the report. The Mayor, not being able to decide by voice vote, instructed the Clerk to call the roll with the following result: Ayes: Aldermen Hansen, McKay, and Wolf. Nays: Aldermen Johnson, Vavrinek, Kehe, Baines, Harm, Halverson, and Morava. The Mayor thereupon declared the motion lost. Alderman Baines reported that he had attended the Statewide Aviation; Forum at Peoria, Illinois. Because there are airports near our city, Alderman Baines suggested that the City Aeronautics Commission should keep in contact with aviation items and report to the Council. TRANSFER PUBLIC BENEFIT FUNDS. City Treasurer, H. J. Ahbe, had re- quested a transfer of Public Benefit Funds to Supplemental Special Assessment No. 151, being a supplemental to Warrant No. 52693. Re: settlement of outstanding and Moore voucher per agreement. A levy in 1947 tax for Public Benefit had been madefor this purpose. The motion was made by Alderman Kehe, and seconded by Halverson, to transfer e2,311.38 from the Public Benefit Fund to Supplemental Special Assessment No. -151, being a supplemental of Warrant No. 52693. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Johnson, Hansen, Wolf, Vavrinek, Kehe, Baines, Harm, McKay, Halverson, and Morava. Nays: None. The Mayor thereupon declared the motion carried. APPROVAL OF BILLS. Alderman Kehe, Chairman of the Finance Committee, presented the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOL- LOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. 19928 Koehler Bros. Station $ 395.66 * 19929 Middle States Telephone H. J. Ahbe The D. P. Publishing D. P. Tire & Battery Hartless-Austin Alvah H. James Walter W. Held Co. B. F. Kinder's Sons D. P. Tire & Battery The Miro-Flex Co., Inc. Meyer Coal & Matti. Co. H - H Electric Co. Petterson Safety Serv. Harold 0. Tibbitts D. P. Motor Sales Elgin Softener Corp.' Meyer Coal & Mat'l. Co: Addressograph Sales B. F. Kinder's Sons D. P. Tire & Battery Petterson Safety Serv. Police Pension $ 41.96 20.50 100.00 2.50 318.60 488.32 15.45 3.31 2.76 59.18 5.00 5.00 15.00 119.65 15.03 33.13 101.47 10.00 1.00 5.77 34.75 23.20 2,311.38 19930 * 19931 The D. P. Publishing Co. 19932 * 19933 Serak Brothers 19934 * 19935 B. F. Kinder's Sons 19936 * 19937 A. H. Lauer 19938 * 19939 Duncan Meter Corporation 19940 * 19941 D. P. Mercantile Co. 19942 * 19943 Miller Meters, Inc. 19944 * 19945 John F. Garlisch 19946 * 19947 Skokie Valley Asphalt 19948 * 19949 B. F. Kinder's Sons 19950 * 19951 Photo Service, Inc. 19952 * 19953 George Moehling 19954 * 19955 Wally's Mobil Service 19956 * 19957 U. S. Postmaster of D. P. 19958 * 19959 Socony-Vacuum Oil Co. 19960 19961 Kuhlman & Nagel, Inc. 19962 19963 Water Leak Detector Co. 1996419965 Minn.,St.Paul & SaultSte.Marie 19966 19967 The Kenny Co. 19968 19969 B. F. Kinder's Sons 19970 19971 Firemen Pension 19972 Warrant No. 151 Supplemental to Warrant 52693 125.00 4.50 35.88 3.90 49.50 3.75 2.40 2.50 7.39 36.73 300.00 7.25 2,831.84 6.61 220.18 302.47 * 8.09 18.80 * 15.00 * 2.50 * 59.82 * /17 BILLS, CONT'D. The motion was then made by Alderman Kehe, and seconded by Baines, to adopt the proposed resolution. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Johnson, Hansen, Vavrinek, Wolf, Kehe, Baines, Harm, McKay, Halverson, and Morava. Nays: None. The Mayor thereupon declared the motion carried, and the proposed resolution adopted. The motion was then made by Alderman Kehe, and seconded by Johnson, to make payment on the refund of $100.00 to Packy's Beer Delivery. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. ZONING BOARD VARIATIONS. The Clerk read the following three letters on variations: August 13, 1948 Des Plaines, Illinois Honorable Mayor & City Council City of Des Plaines Des Plaines, Illinois Sirs: Pursuant to law, your Zoning Board of Appeals held a public meeting the third day of August, A. D., 1948 in the Council Chambers, Municipal Building, Des Plaines, Illinois. The property involved is as follows: Lots 27, 28 and 29 in Lee's subdivision of lots 10, 11, 12 & 13 of Hodges subdi- vision in section 16 and 17, also subdi- vision of lots 7 & 8 in Ides Plaines, Illinois, formerly known as the Town of Rand. The applicant was seeking a variation of the above legally described property for remodeling from a 1 -family residdnce to a 2 -family residence. The particular property involved is in the rear of 571 Des Plaines Ave- nue, and faces on the alley, that runs between Des Plaines Avenue and Chicago Avenue. Since the property at 571 Des Plaines Avenue is a multiple family dwelling and has been such for a number of years, and since there were no objectors to this variation, we hereby suggest that the building inspector issue a building permit for the re- modeling of the property involved for multiple family use. Respectfully submitted, ZONING BOARD OF A PPEALS af A. H. James, Secretary CC -Mr. Frank Scharringhausen Building Inspector Des Plaines, Illinois August 6, 1948 Des Plaines, Illinois Honorable Mayor & City Council City of Des Plaines Des Plaines, Illinois Sirs: Pursuant to law your Zoning Board of Appeals, held a public meeting on the 20th day of July A. D., 1948 at 8:30 o'clock in the Council Chambers. The matter before the Board at that time was the variation Class A residential occupancy to the remodeling to a multiple family residence, at 1458 Campbell Avenue. The property is known legally as lot 59 and 60 in block 6, Riverside Addition to Des Plaines, Section 20, Township 41, Range 12. After listening to the testimony of Mrs. T. H. Breuscher, who occupies the above property, of their desire to modify their present building in order to accommodate their daughter and sofa -in-law, and after due consideration to the changes necessary in the property involved, the Zoning Board is recommending to the Building Inspector that he issue a permit for this remodeling, with the following understanding: That the petitioner agrees to rent the remodeled space in their house to immediate members of the family only, and if this is not conformed with, or if the dwelling is sold to others, that the permission of variation will immediately cease. -For the Building Inspector's information, the petitioner has agreed to submit an affidavit to this effect. Respectfully submitted, af ZONING BOARD OF APPEALS CC -Mr. Frank Scharringhausen A. H. James, Secretary Building Inspector City of Des Plaines 12o ZONING BOARD VARIATIONS, CONT'D. August 6, 1948 Des Plaines, Illinois Honorable Mayor & City Council City of Des Plaines Des Plaines, Illinois Sirs: Pursuant to law, the Zoning Board of Appeals held a public meeting at the hour of 7:30 o'clock (daylight saving time), the third day of August, A. D., 1948 in the Council Chambers, Municipal Building, Des Plaines, Illinois. The purpose of this meeting, in accordance with the applicant's re- quest, was for a change in the zoning classification or zoning variation, and the counsel for the applicant, in his opening address, asked to have the Zoning Board consider the matter under a "zoning variation." We can assure you that from the testimony given by both sides, this was an exceedingly difficult decision to make. We gave considerable thought to the fact that the proposed Memorial is very desirable from the Veterans and town's standpoint. On the other hand, the residents of this neighborhood deserve earnest consideration for inconveniences that go with such a project; especially during the summer months. After due consideration to all the testimony and conditions surround- ing this application, the Zoning Board of Appeals has decided this matter as follows: "The Zoning Board of Appeals grants a variation to permit the construction and erection of a memorial building by the Veterans' Memorial Building Corporation, on the following described property: The East 125.46 ft. of the West 375.10 ft. (except the South 25 ft. thereof) of lot 168 in the Town of Rand, in the N. W. quarter of section 21, Township 41 N., Range 12, East of the 3rd P. M., City of Des Plaines, County 'of Cook, State of Illinois. This variation is granted subject to the following conditions: (a)A11 outdoor activities are limited to memorial and patriotic exercises. (b)Adequate automobile parking space to be provided for off -of - the -street parking in the rear of the building to eliminate traffic congestion. Respectfully submitted, ZONING BOARD OF APPEALS A. H. James, Secretary ZONING BOARD DENY REZONING OF N. E. CORNER OF PRAIRIE AND GRACELAND AVENUES. The Clerk read the following letter: August 13, 1948 Honorable Mayor & City Council City of Des Plaines Des Plaines, Illinois Sirs: Pursuant to law, your Zoning Board of Appeals, sitting as a Commission, held a public meeting June 22, A. D., 1948 in the Council Chambers, Municipal Build- ing, Des Plaines, Illinois. The property involved is as follows: The Westerly one hundred feet of Lot three in block three in Parson's and Lee's Addition to the Town of Des Plaines, being a subdivision of Lots 72, 73, 74, 139, 140, 141, 142, 143, 144, 145, 174, 175, 176, and 177 in the Town of Des Plaines (formerly Town of Rand) and part of Section 17 and 20, Township 41 North, Range 12, East of the Third Princi- pal Meridian in Cook County, Illinois. The amendment as proposed seeks to rezone the above legally described property from its present area Class A, residential, to area district C, commercial. Our original meeting was postponed several times because the princi- pals involved did not make their appearance. On August 3, A. D., 1948, the final hearing was held and a subse- quent meeting of the Zoning Board, and it is their recommendation that the petition for rezoning be denied. /2 / ZONING BOARD'S LETTER OF DENIAL, CONT'D. There are still several pieces of property in the general block that are left residential. Further, the Zoning Board looked at the matter from the stand- point of traffic, due to the fact that the East and West street is very narrow for a business street. While the applicant stated he had no idea of remodeling the property at present, there is still the possibility that a very undesirable traffic situation could originate due to the narrow street. Respectfully submitted, Zoning Board of Appeals City of Des Plaines, Illinois EWG By Alvah H. James. Secretary The motion was made by Alderman Johnson, and seconded by Halverson, to concur in the recommendation. The motion was voted upon by acclamation, where- upon the Mayor declared the motion carried. ZONING BOARD RECOMMENDS REZONING OF APPROXIMATELY FOUR (4) ACRES FAST OF THE CITY INCINERATOR. The Clerk then read the following letter: August 6, 1948 Des Plaines, Illinois Honorable Mayor & Council City of Des Plaines Des Plaines, Illinois Sirs: Pursuant to law, your Zoning Board of Appeals, sitting as a com- mission, held.a public meeting at the hour of 8:30 daylight saving time, on the 22nd day of June, A. D., 1948, in the Council Chambers, Municipal Building, Des Plaines, Illinois. The property involved was lot 10 in the Northwest quarter of the West half of the Northeast quarter of Section 21, Township 41 N., Range 12, East of the third P. M. This property consists of approximately four acres. The petitioner seeks to have the above legally described property rezoned from the present Class A residential classification, to Area District C, Commercial. The owner of the property submitted evidence that he has made an earnest effort to dispose of this property as Class A residential property over a reasonable period of time. The problem involved becomes that of finding the highest possible zoning use for this particular property. The property is bounded on the West by the City incinerator, on the East by the Northwestern Railroad, on the North by the Forest Preserve and on the '",est by the Methodist Camp Grounds. After careful consideration of all facts presented, it is the recom- mendation of your Zoning Board to recommend to the City Council that they pass an ordinance, changing the classification of this property from Class. A residential to Area District C Commercial. It is the belief of the Zoning Board that this change in classification will not commit any hardships on any property surrounding this area. Respectfully submitted, ZONING BOARD OF APPFAS City of Des Plaines, Illinois of Alvah H. James, Secretary The motion was made by Alderman Baines, and seconded by Johnson, to concur in the recommendation. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. ZONING BOARD OF APPEALS' LETTER. Mayor and City Council City of Des Plaines, Illinois Gentlemen: August 13, 1948 The Zoning Board of Appeals find it necessary to address this communi- cation to you relative to the report submitted with reference to the granting of a variation for the construction of a Memorial Building by the Des Plaines Veterans Memorial Corporation. This Board was faced with the unusual situation of violations in advance of the public hearing that was set for the purpose of considering a re- zoning or granting of a variation. The situation has caused some embarrassment to the members of this Board and thus are prompted to make some comments. 22 ZONING BOARD OF APPEALS' LETTER, CONT'D. The record indicates that the property in question was zoned for single family residential purposes for many years and that fact was known or could have been known by the petitioners at the time that they acquired the property. No effort apparently was made to secure a re -zoning or variation for the uses intended until all plans for the structure had been drawn, contracts let and dedicatory exercises and work actually begun in advance of the public hearing. This type of procedure does not meet with the requirements of good citizenship and has a tendency to establish a situation which in effect means: "Well here it is. What else can you do about it?" As long as we have ordinances, every department of the City government should live up to them and should be obeyed by every citizen regardless of any classification or distinction they may claim. We are not unmindful of the purposes behind this movement and feel that a memorial structure would be in keeping with the spirit of the community. However, laws must be adhered to, both by those who administer them and by those who are obligated by them. The decision reached was a difficult one, for the reason that there were many vested interests and rights of many years standing which had to be taken into consideration. Some of the activities disclosed at the public hearing would definitely tend to create a public nuisance,and the adjoining property owners are entitled under the constitutional and statutory provisions, but also under their inherent rights which antedates the constitution, to the full enjoyment of their property. It is earnestly suggested that the corporate authorities assist in maintaining the provision of our ordinances, otherwise, it would be better that they be repealed. A lackadaisical attitude and the so-called condonation should be eliminated. It is the belief of this Board that the decision reached is a reasonable and just one. We sincerely hope that this and future councils will assist in maintaining the conditions imposed in this matter. Very truly yours, ZONING BOARD OF APPEALS By Alvah H. James The Mayor ordered the letter placed on file. ADVANCE MOTOR SALES' LETTER. The Clerk read the following letters Des Plaines, Illinois August 13, 1948 Municipal Development Committee City of Des Plaines Gentlemen: The writer is leasing the vacant property at the S. W. corner of Rand and River Roads. This is the property that was used until recently by Phil rer for a house trailer sales lot. I am desirous of improving this property by cutting the tall weeds, etc., putting up a small sign and a string of lights and using the lot to display automobiles for sale. This lots would be used as a supplement to my lot on Ellinwood Avenue, where I have been located for the past few years. Your approval and permission to proceed along the above lines will be respectively appreciated. Very truly yours, ADVANCE MOTOR SALES J. C. DeFore (owner) The Mayor referred the letter to the License and Inspection and Public Protection Committees. REQUEST FOR CITY WAL'Ett * NEBEL PROPERTY * The Clerk read the follow - August 10, 1948 ing letter: Mr. Henry J. Halverson 1763 Prospect Avenue Des Plaines, Illinois Re: Availability of Des Plaines City .Water to Louis Nebel property, Oakton Street Dear Mr. Halverson: This is to confirm my telephone conversation with you yesterday re- garding the above' matter. The Nebel property, adjoining the Oakton Gardens Subdivision /,23 REQUEST FOR CITY WATER, CONT'D. on Oakton Street is about two thousand feet West of Lee Street. That is the closest point to which city water is now pumped. Mr. Nebel has petitioned the Zoning Board of Appeals of Cook County for the re -zoning of his 20 acre tract from F (Farming) District to B-1 (Business) District so that he can install and operate a modern and attractive Trailer Park. He has gone into this matter thoroughly and if his petition is granted plans a splendid development. It is necessary that an adequate supply of water be available, and Mr. Nebel has estimated that he can undertake the laying of the necessary mains to his property at an expense not greatly in excess of what it would cost to drill deep wells. If this can be done then the property owners ih.Oakton Gardens would probably wish to have water made available to them, too. I understand that some several years ago a survey was made in that area for the purpose of bringing city water in. For certain reasons the plan was dropped. Should your Committee see fit to pass favorably on this request, please keep in mind that no application for service will be made uhless the petition for re -zoning is approved. In either event, please let me know at your earliest con- venience what decision is reached by your Committee. FEO*H Yours very truly, FRANK E. O'REILLY Attorney for Louis Nebel Oakton Street, Des Plaines, I11. The Mayor referred the letter to the Water Committee. COUNTY ZONING * LEGAL NOTICES OF PUBLIC HEARINGS. The Clerk read the following two notices: 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 7:30 P. M. (Chicago Daylight Savings Time) on August 26, 1948, in the Des Plaines City Hall, Des Plaines, Illinois. Theoperty involved consists of approximately fourteen acres,located approximately 1/4 mile south of Touhy Avenue lying north of Bell Plaine Ave. (if extended) in Maine Township, legally described as: Subdivision of the East 207 feet of the Southeast Quarter of the Northwest Quarter and the West 8 acres of the Southwest Quarter of the Northeast Quarter of Section 33, Township 41 North, Range 12 East of the 3rd P. M. The amendment, as proposed, seeks to rezone the above legally described property from its present classification as an F (Farming) District to an R-4 (Residence 10,000 sq. ft.) 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 ATTEST: Andrew J. Dallstream Russell B. James Walter T. Popjoy Edwin C. O'Toole Secretary William L. Voss, Sr. Dated: July 29, 1948 Robert Kingery, Chairman 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 7:30 P. M. (Chicago Daylight Savings Time) on August 26, 1948, in the Des Plaines City Hall, Des Plaines, Illinois. The property involved consists of approximately twenty acres, located on the south side of Oakton Street, approximately one-half mile west of Lee Street (Mannheim Road) in Maine Township, legally described as: The North 20 acres of the West one-half of the West one-half of the Northwest quarter, except the North 163.50 feet thereof in Section 29, Township 41 North, Range 12, East of the Third Principal Meridian in Cook County, Illinois. 124 LEGAL NOTICE, CONT'D. The amendment, as proposed, seeks to rezone the above legally described property from its present classification as an F (Firming) District to a B-1 (Business) 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 ATTEST: Andrew J. Dallstream Russell B. James Walter T. Popjoy Edwin C. O'Toole Secretary William L. Voss, Sr. Dated: July 29, 1948 Robert Kingery, Chairman three notices: The Mayor requested the Municipal Development Committee to attend. ILLINOIS COMMERCE COMMISSION HEARINGS. The Clerk read the following August 3, 1948 In the matter of the application of SHERIDAN PLAZA BUS : LINES, INC., for a certificate of convenience and neces- : sity to operate as a motor carrier for the transportation: of persons between certain points in Chicago, Illinois, : 35423 and the Arlington Park Race Track, Washington Park Race : Track, Lincoln Fields Race Track, Hawthorne Park Race : Track and Sportsman Park Race Track, over the routes set : forth in application. To all parties in case 35423: NOTICE OF GRANTING OF PETITION FOR REHEARING,etc. You are hereby notified that the Commission in conference on July 27th, 1948, GRANTED the petition for rehearing filed on behalf of Eagle Bus Lines, Inc. in the above -entitled matter, and denied the other petitions of said company. ' This case has been set for hearing at the office of the Commission at Chicago, Illinois, 19th Floor, 160 North LaSalle Street, on Wednesday, Septem- ber 15th, 1948, at the hour of 10:00 A. M., (Daylight Savings Time).. Kindly acknowledge receipt of this notice. N Very truly yours, M B ILLINOIS COMMERCE COMMISSION b Joseph F. Gubbins, Secretary g August 2, 1948 Chicago and North Western Railway Company ) In the matter of the proposed increases in) commutation ticket fares between points ) within the State of Illinois ) To all parties in case #36512: 36512 You are hereby notified that a hearing will be held in the above matter at the office of the Commission at Chicago, Illinois, 19th Floor, 160 North LaSalle Street, on Tuesday, September 14th, 1948, at the hour of 10:00 A. M. (D.S.T.). Kindly acknowledge receipt of this notice. NMB:mn Very truly yours, ILLINOIS COMMERCE COMMISSION Joseph F. Gubbins, Secretary August 3, 1948 In the matter of the application of ALLEY BUS LINES, INC. : for a certificate of convenience and necessity to operate as a motor carrier for the transportation of persons be- : tween certain points in Chicago, Illinois, and Arlington : 35421 ILLINOIS COMMERCE COMMISSION HEARINGS, CONT'D. Park Race Track, Washington Park Race Track, Lincoln : Fields Race Track, Hawthorne Park Race Track and -: 35421 Sportsman Park Race Track, over the routes set forth : in application. : To all parties in case 35421: NOTICE OF GRANTING OF PETITION FOR REHEARING, etc. You are hereby notified that the Commission in conference on July 27th, 1948, GRANTED the petition for rehearing filed on behalf of Eagle Bus Lines, Inc., and denied the other petitions of said company. This case has been set for hearing at the office of the Commission at Chicago, Illinois, 19th Floor, 160 North LaSalle Street, on Wednesday, Septem- ber 15th, 1948, at the hour of 10:00 A. M., (Daylight Savings Time). Kindly acknowledge receipt of this notice. N Very truly yours, M B ILLINOIS COMMERCE COMMISSION b Joseph F. Gubbins, Secretary g The Mayor instructed the City Attorney to attend these hearings. - FIRST READING OF ORDINANCE AMENDING THE ZONING ORDINANCE. The Clerk read for first reading the following proposed ordinance entitled: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DES PLAINES. ILLINOIS. The Mayor ordered the proposed ordinance filed for second reading. PASS ORDINANCE VACATING STREETS AND ALLEY IN OLIVER SALINGER'S SUBDI- VISION. The Clerk read for first reading the following proposed ordinance entitled: AN ORDINANCE EFFECTING PART OF FARGO AVENUE, LA GRANGE STREET AND PARTS OF ALLEY IN BLOCKS 5 AND 6 IN OLIVER SALINGBR AND COMPANY'S TOUHY AVENUE SUBD111- SION IN THE CITY OF DES PLAINES, ILLINOIS. The motion was made by Alderman Wolf, and seconded by Morava, to sus- pend the rules and pass the proposed ordinance. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Johnson, Hansen, Vavrinek, Wolf, Kehe, Baines, Harm, McKay, Halverson, and Morava. Nays: None. The Mayor thereupon declared the motion carried, and the proposed ordinance before the Council for final passage. The motion was then made by Alderman Kehe, and seconded by Baines, to pass the proposed ordinance. The Mayor put the question, and the Clerk called the roll with the following result: Ayes: Aldermen Johnson, Hansen, Vavrinek, Wolf, Kehe, Baines, Harm, McKay, Halverson, and Morava. Nays: None. The Mayor thereupon declared the motion carried, and the proposed ordinance finally passed. VETERAN HOUSING PLAT * WELWYN. The Clerk read the following letter: August 13, 1948 City Council Des Plaines, Illinois Gentlemen: The Des Plaines Plan Commission have approved the plat of subdivision for Veterans Housing named Welwyn. This plat is now referred to the City Council for their approval. Very truly yours, OWJH:da OTTO W. J. HENRICH CITY CLERK /zc VETERAN HOUSING PLAT, CONT'D. The Mayor ordered a recess so that the Council could study the plat. * * After reconvening, the motion was made by Alderman McKay, and seconded by Morava, to approve the plat of Welwyn Subdivision. The motion was voted upon by acclama- tion, whereupon the Mayor declared the motion carried. NOVAK'S SUBDIVISION PLAT. The Plan Commission having approved the plat of Novak's Subdivision, referred it to the City Council for their approval. The Mayor referred this plat to the Municipal Development Committee. APPLICATION FOR REZONING ON MINER STREET AND RAND ROAD. The Clerk read the following application: THE CITY OF DES PLAINES Cook County, Illinois APPLICATION FOR REZONING City Clerk Des Plaines, Illinois August 14, 1948 Application is hereby made for a change in zoning classification of premises located in the City of Des Plaines, Cook County, Illinois, owned by: Hugo Dahm and Bertha Dahm, 2127 Miner Street, Des Plaines, Illinois. Rolland H. C. Pagel, 2137 Miner Street, Des Plaines, Illinois. Katie A. Kendall, 5054 W. Ohio Street, Chicago 44, Illinois. Augusta Jiencke, 2151 Miner Street, Des Plaines, Illinois. Theodore B. Gray and Ida M. Gray, 2153 Miner Street, Des Plaines, Illinois. Forest Preserve District of Cook County, County Building, Chicago, Illinois. Walter H. Tallant and Maybelle Tallant, c/o Luther T. Smith, Route 1, Box 85, El Cajon, California and Patricia T. Wurm, Route 2, Box 5320, Des Plaines, Illinois. George D. Zakos and Sophie G. Zakos, 2142 Miner Street, Des Plaines, Illinois (contract purchasersof the property to which the legal title is vested in Walter H. Tallant, Maybelle Tallant and Patricia T. Wurm, as joint tenants.) Irene J. Olson, Rand Road, Des Plaines, Illinois (c/o Ole's Barn.) Charles C. Curry and Bernetia T. Curry, 2130 Miner Street, Des Plaines, Illinois. Anna Ahbe, 2122 Miner Street, Des Plaines, Illinois. Howard C. Kelley and Margaret T. Kelley, 2061 Rand Road, Des Plaines, Illinois. Elizabeth M. Schnell and William H. Schnell Heirs of Robert Zaleski, c/o Mrs. Robert Zaleski, 2048 Rand Road, Des Plaines, Illinois. Elwin M. Kleihauer and Amber W. Kleihauer, 2093 Rand Road, Des Plaines, Illinois. • The legal description of the property sought to be rezoned is as follows: All of Lot one (1), that part of.Lots two (2) and three (3) lying northerly of a line drawn at right angles to the westerly line of said Lot three (3) and passing through the angle corner in the easterly line of said Lot three (3) to the angle corner in the easterly line of said Lot two (2), the east one hundred thirty-seven (137) feet of Lot five (5) and all of Lots six (6) and seven (7), all in Philippine Ahbe's Subdivision of part of Sections sixteen (16) and twenty-one (21), Township forty-one (41) North, Range twelve (12), East of the Third Principal Meridian, in Cook County, Illinois. This application is for a change in zoning from Class C Commercial to Class B Residential. Application fee of $25.00 and $ 10.00 fee for publishing notice of hearing is enclosed. Hugo Dahm Bertha Dahm Bernetia T. Curry 'Charles C. Curry Anna Ahbe Rolland H. C. Pagel Theodore B. Gray Ida M. Gray Elwin M. Kleihauer Amber W. Kleihauer Howard C. Kelley Augusta Jiencke 1 1 APPLICATION FOR'REZ©NING, CONT'D. The motion was made by Alderman Halverson, and seconded by Johnson, to refer the application to the Zoning -Board of:,Appeals sitting as a commission for a hearing. The motion was voted upon by acclamation, whereupon the Mayor de- clared the motion carried. LETTER FROM PROPERTY OWNERS ON VETERANS BUILDING PERMIT. The Clerk read the following letter submitted with twenty-nine (29) signautures: Des Plaines, Illinois August 10, 1948 Mr. Frank Scharringhausen Building Commissioner City Hall Des Plaines, Illinois • Dear Mr. Scharringhausen: We have been informed that a permit has been issued by you to the Veterans of Foreign Wars, or to the building corporation organized by them, for the construction of a memorial building on the south side of Miner Street just east of Rand Park. This permit was issued pursuant to a zoning variation granted by the Zoning Board of Appeals, and we understand that the Veterans have filed with you a letter to the effect that the terms of the variation granted will be complied with. We should like to take this opportunity of calling to your attention the fact that the zoning variation was violated on Saturday, August 7, 1948, the same day as the permit was issued, by the staging of an outdoor dance on the premises. It would appear that the Veteran's organization has no intention of complying with the terms of the variation granted to them, and you are accord- ingly requested to cancel the permit. A copy of this letter is being sent to the City Council of Des Plaines and the Secretary of the Zoning Board of Appeals. Respectfully submitted, The Mayor ordered the letter placed on file. Alderman Harm spoke in regard to the condition of the bus stands. The Mayor instructed the Clerk to write the United Motor Coach regarding the improving of the stands before the rainy season. Alderman McKay reported that the State Highway Department had completed•, the sidewalks on Golf and Wolf Roads at Cumberland Station. Alderman McKay suggested that the City Clerk write a letter to the District Engineer, commending the improve- ment. The,Clerk was sa instructed. The City Clerk brought up the itp$ of locomotives emitting steam at station and blocking crossings. The Mayor suggested'that the Public Relation Committee contact Mr. J. E. Gallup for a meeting to discuss the matter. APPROVAL OF MINUTES. The motion was made by Alderman Johnson, and seconded by Kehe, to approve the minutes of August 2, 1948. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. ADJOURNMENT. The motion was made by Alderman Wolf, and seconded by Vavrinek, to adjourn. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried, and the meeting regularly adjourned. OT W. J. HENRICH CITY CLERK