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03211949RESOLUTION DESIGNATING POLLING PLACES, ETC., CONT'D. Section 4. That this resolution shall be in full force and effect from and after its adoption, and approval, according to law. PASSED this 7th day of March, 1949. APPROVED this 7th day of March, 1949. ATTEST: G. WALTER PFLUGHAUPT, MAYOR OTTO W. J. HENRICH, CITY CLERK The motion was made by Alderman Johnson, and seconded by Halverson, to adopt the proposed resolution. The motion was voted upon by acclamation, where- upon the Mayor declared the motion carried and the proposed resolution adopted. APPROVAL OF MINUTES. The motion was made by Alderman Johnson, and seconded by Baines, to approve the minutes of February 21, 1949, and the adjourned meeting of February 28, 1949. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. ADJOURNMENT. The motion was made by Alderman Baines, and seconded by Wolf to adjourn. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried and the meeting regularly adjourned. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, MONDAY,. MARCH 21, 1949, 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, Baines, Harm, McKay, Halverson, and Morava responding to roll call. Alderman Kehe was away on vacation. OFFICIAL REPORTS. The City Clerk submitted the report of treasurer, H. J. Ahbe, for February. CITY ATTORNEY. The Clerk read the following report: Mayor and City Council, City of Des Plaines, Illinois. Gentlemen: Re: Doctor J. I. Steinfeld Vs. City of Des Plaines March 21, 1949. The hearing on the motion for temporary injunction in the above matter was heard before Judge Corne3ius J. Harrington of the Circuit Court on March 11, 1949, upon the complaint and the Answer of the City of Des Plaines, together with testimony offered by witnesses for both sides. After due consideration the motion for temporary injunction was denied and Doctor Steinfeld was given five days to file a reply to the answer of the City and the matter referred to Arthur Sullivan, Master in Chancery for said Court, to take testimony and make a report of his findings and conclusions of law and fact and recommendation to the Court. I advised the Court that the prosecution of the pending case before Judge Sengstock for violation of the Zoning Ordinance would be continued generally until the Circuit Court could dispose of this matter of determination of the va- lidity of our Ordinance. By the same token, Doctor Steinfeld was not to operate any business in the nature of a nursing home for the aged or convalescent home while this matter is being determined in the Circuit Court. His failure to abide by the Ordinance during that period subjects him to arrest every time that he oper- ates contrary to our Ordinance. This is a decided victory for the City up to this point and I feel confi- dent that the Ordinance can be sustained after a full hearing. It is apparent that delaying tactics may be pursued and I would like your recommendations as to whether I should use diligent effort to bring this matter to an immediate or early hearing, so that the matter may be disposed of as promptly as possible. CITY ATTORNEY. CONT'D. After a careful analysis of the facts in this matter, it is evident that the violation is a deliberate one and it is therefore suggested that this Council or its successor, pursue the matter with the greatest vigor and if need be, to take it to the Supreme Court of the State of Illinois. Awaiting your further instructions, I am FMO*AGH Very truly yours, Frank M. Opeka City Attorney The motion was made by Alderman Johnson, and seconded by Baines, that the City Attorney, Frank M. Opeka, be instructed to use diligent effort to bring this matter to an immediate or early hearing so that the matter be disposed of as promptly as possible. The motion .was voted upon by acclamation, whereupon the Mayor declared the motion carried. The Clerk read the following opinion: March 21, 1949. Mayor and City Council, City of Des Plaines, Illinois. Zig Gentlemen: Re: Chicago & Northwestern R. R. - Meyer Coal & Material Company zoning violation. The report of the Municipal Development Committee under date of March 5,1949, has been referred to me for an opinion relative to the violation of the Meyer Coal & Material Company in operating on lands owned by the Chicago & Northwestern R. R. in an area between the wye tracks adjoining Thacker Street. The property involved together with the additional 40 acres was annexed to the City of Des Plaines October 3, 1927, along with the area known as Cumberland ,Terrace. Under the Zoning rules then in effect, all of that property so annexed became single family residence District area "A" and was so classified until Sep- tember 4, 1937, when, after a public hearing pursuant to notice and upon request of the owners, all of the railroad property, which includes the property in ques- tion, was zoned Industrial. At that time the Industrial classification was that of heavy industry. At the time of the adoption of this Ordinance there was one non -conforming use, that of Coffman Coal yard and upon the adoption of this ordinance, the Lake - Cook Supply Company entered upon a portion of the disputed premises and constructed some oil tanks which are still in existence. At the same time, Mr. Fred H. Nelson procured a lease from the Chicago & Northwestern R. R. for that portion of the land now occupied by the Meyer Coal & Material Company and established that ground as a coal and material yard. The lease to Nelson was terminated in the year 1938. Subsequent to the termination of this lease, the Railroad held out this property for coal and material yard purposes. There was no lease executed until the 1943 when a lease was executed to the Consumers Coal Company and by them assigned to the Meyer Coal & Material Company. In the period between 1938 and 1943 the area in question was used as a team track and for the storage of material. It was used by the Material Service Corporation, who unloaded and stored crushed stone and other materials used in paving work. During that time they used a temporary hopper and two spur tracks were added in this area. In June of 1941 a petition in the form of a resolution, signed by approxi- mately 172 people residing in and around Cumberland Terrace subdivision, was filed with the City Council requesting rezoning of the property described as bounded on the north by Washington Street, on the Rest by the west wye track of the Des Plaines Railroad on the south by Thacker Street and on the east by the City limits. This area included all of Washington Street and all of the south side of Washington Street from Wolf Road, east to the city limits, which said lots were never zoned Industrial. A notice was published in the Des Plaines Journal on June 6, 1941 calling for a public hearing to be held on June 20, 1941, to consider this re -zoning. Such a meeting was held and more than a year later, under date of July 24, 1942, the Zoning Board of Appeals made their recommendation and submitted an ordinance which was adopted September 8, 1942. The ordinance making the change from Industrial to Residential omitted the lands on the south side of "Washington Street but included that entire tract of land owned by the Chicago & Northwestern R. R. lying west of the wye tracks, which was not included in the petition nor in the notice for re- zoning. It is a cardinal principle of law that every ordinance on the bookscf a Municipality is considered good until declared invalid by a Court of competent jurisdiction. For the purpose of discussing the question, we will therefore assume that the Ordinance passed in 1942 is valid and in relation to that ordinance, is the Meyer Coal & Material Company in violation of that ordinance in operating on said premises. The evidence submitted to me is incontrovertible. The particular area in question was established as a coal and material yard in 1937 by Fred H. Nelson, who lives in the immediate vicinity. 220 OPEKA'S LETTER, CONT'D. Subsequent to 1938, the area in question was used not under any lease arrangement but on a track team arrangement for the unloading and storage of materials. Residents of the area informed me that in the years 1941 and 1942 and while this matter was pending for a recommendation from the Zoning Board of Appeals, the premises were used for storage and materials and unloading of materials and that there were tempo- rary hoppers used for the purpose of loading and. unloading. Therefore, under the ordinance of the City of Des Plaines, a non -conforming use was established by virtue of the amendatory ordinance of 1942. Section 7 of the Zoning Ordinance provides, among other things as follows: "The lawful use existing at the time that this Ordinance takes effect of a building or premises may be continued although such use does not conform with the provisions hereof, and such use may be extended throughout the building." It can readily be seen from the provision of this section of the ordinance that the use may be continued and extended. Meyer Coal & Material Company came into possession in the year 1943 or 1944 as the assignee of.a lease held by the Consumers Company and as such are entitled to the continued use of such premises. The con- clusion therefore, is that the premises in question are a non -conforming use and there is no violation on the part of the Meyer Coal & Material Company to operate on said premises. That this is so, is amply supported by the decisions of our Courts and those of other states. Particularly by reason of the Melrose Park case decided during the past year, which specifically provides that there is no abandon- ment of the use, because the building"or premises were not used for a period of time where the owner offered to sell or rent the premises for a specific purpose. There are many other citations similar in character and because of the constitutional provision that Municipal authorities have no right to confiscate the use of property, the constitutional rights antidate the statute. With reference to the building permit for the construction of the warehouse on said premises, after the amendatory ordinance in 1942, I am forced to say that since we must consider the ordinance valid, the building permit was not authorized. In cases of that type, the City ordinarily would have a right to force compliance by compelling the removal of such structure. However, I would not recommend a similar action of the Council in making such an order, but would suggest that a ' complaint be filed in the Circuit or Superior Court to get approval and have a judicial order to protect the City Council in matters of that kind. It is necessary, however, in view of the record in this case, to some- what qualify the rights the City would have in abating the Zoning violation. First of all, I must advise that the 1942 ordinance is invalid. Not the form of the ordi- nance as it is written, but the matters therein contained. Let us consider the steps that lead to this conclusion. The statute provides that before any amendment to a Zoning Ordinance can be had, the request for a re -zoning must be heard before a Board or a Commission. The Zoning Board of Appeals as suck', does not constitute a Board or Commission, within the meaning of the statute. The records do not show that the Board of Appeals was given this matter to be heard by them, sitting as a Commission. Next, the statute provides that a 15 days notice of a public hearing must be given, to give validity to any amendatory ordinance that may emanate as a result of such hearing. The records show that notice was published on June 6,1941, advertising a public hearing to be held on June 20, 1941. This constitutes but a 14 days notice and therefore vitiates any proceedings, because the statute was not complied with. It is a cardinal rule of the law that where powers are granted by statute, they must be considered strictly. Also the owners of the property were not the petitioners in this instant cause, nor were they given direct notice. While the notice may be sufficient under the law with reference to apprising the owners of the changes proposed, nevertheless and in the absence of any Court decision, I am of the opinion that failure to give such noticein a person who is not a pe- titioner, would be fatally defective. Furthermore, the notice gives no legal description of the proposed area to be zoned, but merely gives the boundary description which includes residential areas which were never zoned industrial. A recommendation was finally submitted. The findings do not establish that the change constituted the highest and best use of the land, but give as a reason merely that the former ordinance of 1937 was passed to prevent disconnection of this area from the City. For an.amendatory ordinance to be valid, it is necessary that the findings of fact establish the highest and best use of land and it is therefor vulnerable in any court proceed- ings. Too, the ordinance that was submitted with the recommendations, gives the legal description which included not only the area described in the notice and the petition, but included all of that area of land owned by the Chicago North Western R.R. lying west of the wye tracks. Even if we were to assume that the Ordinance has effect, the property on the east of the railroad to be good, it definitely would appear from the face of the ordinance that the area lying west of the tracks was not zoned by said ordinance. From a consideration of the foregoing, I cannot recommend any action with reference to the warehouse that was built, in view of the fact the people involved would have to be•summoned into Court. They could then raise their defense and 1 22/ OPEKA'S LETTER, CONT'D. establish that the area in question was not a residential, not even as a non-can- forming oncon- forming use, but as heavy industry, and therefore the ordinance would be held void by the Courts. The failure of the Council to follow the recommendation of the Zoning Board of Appeals and the advice of the City Attorney in the 1948 application of the Chicago & North Western R. R. for the re -zoning of part of this property owned by them, necessitated a thorough examination of all of the proceedings in connection with the adoption of the 1942 ordinance. There is no question in my mind but that the 1942 ordinance is void in its entirety based on the foregoing facts and con- clusions of law. FMO*AGH Respectfully submitted, Frank M. Opeka City Attorney Alderman McKay asked the Council for permission to allow Mr. McCabe to speak on the report. Mr. McCabe said he would like to read and study the opinion as he had just received same before he would be able to talk on the subject. OPEN BIDS ON WIDENING OF PRAIRIE AVENUE. Engineer Fletcher informed the Mayor that the State Highway representative was present and would like the bids on the Prairie Avenue widening to be read. The motion was made by Alderman Vavrinek, and seconded by McKay, that the -City Clerk proceed to open the bids. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. The following are the bids which were received: Milburn Brothers, Inc., Mount Prospect, Illinois $ 26,866.70 Arcole Midwest Corp., 3225 Main St., Evanston, Illinois 28,804.00 - Skokie Valley Asphalt Co., Inc., Des Plaines, Illinois 29,138.10 • R. R. Anderson Co., 4550 W. Patterson, Chicago, Illinois 30,577.45 - The motion was then made by Alderman Vavrinek, and seconded by McKay, that the Council recess so the Street Committee could study the bids and report. After several minutes recess, the Council -reconvened, and the motion was made by Alderman Vavrinek, and seconded by Baines, to award the bid to Milburn Brothers, Incorporated, the lowest bidder, subject to approval of the State Highway Department. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. The motion was made by Alderman Vavrinek, and seconded by McKay, that the City Clerk return the checks of the unsuccessful bidders. The motion was voted upon by accla- mation, whereupon the Mayor declared the motion carried. COMMITTEE REPORTS. Water Committee. Alderman Halverson, Chairman of the Water Committee, made the following report in regard to water requested by the people on Rand and River Roads, Hill, Sherman, Woodland,&Grove Avenues and Hawthorne Lane: To the Mayor and City Council: The undersigned, members of the Water Committee, have given full consider- ation to the Grove Avenue and the Hawthorne Lane requests for water service outside of the City Limits and the Committee recommends that the requested be granted upon condition that a contract is entered into for water service and the applicants are to pay all costs of extension, installation of mains and meters and to pay the rates set up under the Ordinance of this city. All such work is to be performed under the supervision and direction of the City Engineer, whose services are to be paid for by the applicants. H. J. Halverson L. J. Vavrinek Percy Baines R. G. Wolf Signed; Committee The motion was made by Alderman Halverson, and seconded by Vavrinek, to concur in the report. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. The motion was then made by Alderman Halverson, and seconded by Wolf, that the City Attorney prepare a contract to be submitted to the Improvement Association and the group represented by Ernest Koeppen. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. Street Committee. Alderman Vavrinek reported that the streets are being repaired and also that the street sweeper would be out on all the streets soon. License Committee. Alderman Wolf reported that the State Fire Marshal was in Des Plaines and inspected the Minnich building. The owner was instructed to repair the building within thirty (30) days. 222 COMMITTE REPORTS, CONT'D. Finance Committee. Alderman McKay reported that three estimates had been received for repair of the Building Inspector's car. Alderman McKay also stated that the committee has found that due to the high estimates for putting the squad car in condition, the committee recommends that bids be asked for on a new two- door standard car (no special equipment) squad car to be used as a trade-in. The motion was made by Alderman McKay, and seconded by Harm, that the report be con- curred in. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. APPROVAL OF BILLS. Alderman McKay, Vice -Chairman of the Finance Committee, presented the following proposed resolution: BE IT RESOLZED BY THE CITY COUNCIL OF THE CITY OF DHS 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. 15.03 * 20671 D. P. Agnecy, Inc. 28.00 * 20673 Dank A. Bremer & Son 6.20 * 20675 Otto W. J. Henrich 34.64 * 20677 W. S. Darley & Co. 3.35 * 20679 The D. P. Publishing Co. 14.13 * 20681 The Kenny Co. 4.44 * 20683 Petterson Safety Service 20.00 * 20685 Skokie Valley Asphalt Co. 4.87 * 20687 D. P. Tree Service 85.00 * 20689 William H. Cater Co. 20670 U. S. Postmaster of D. P.$ 20672 Monroe Calculating Mach. 20674 Hartless-Austin 20676 City Clerk's Petty Cash 20678 H. A. Becker 20680 Miller Meters, Inc. 20682 Prairie -Lee Paint Store 20684 Tri -R Signs 20686 B. F. Kinder's Sons 70.11 25.09 19.25 36.50 21.50 7.90 57.70 475.00 114.00 20688 Tures Brothers 97.50 20690 The Kenner Co. 5.45 * 20691 20692 Rockwell Manufacturing Co. 45.90 * 20693 20694 Manhattan Motors, Inc. 565.50 * 20695 20696 C. & N. W. R. R. Co. 5.70 * 20697 20698 B. F. Kinder's Sons 20700 Mrs. Bernice H. Anderson 20702 Joseph Becker 20704 Glen Fischer Worthington-Gamon Meter Co. C. L. Bishop Simplex Valve & Meter Co. Huber Gear & Wheel Co. 38.33 * 20699 Petterson Safety Service. .38 * 20701 R. F. Nease .97 * 20703 Floyd Collison .60 * 20705 Johnson's 798.00 38.32 5.50 17.55 37.25 2.12 3.50 3.68 The motion was made by Alderman McKay, and seconded by Halverson, 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, Baines, Harm, McKay, Halverson, and Morava. Nays: None. The Mayor thereupon declared the motion carried and the resolution adopted. The Clerk at this time informed the Council that he had received an order from the Judge of the County Court to submit the adoption of the Civil Service Act in Des Plaines to the voters at the general election on April 19, 1949. C. & N. W. RAILWAY APPLICATION FOR REZONING. The Clerk read the following application: March 16, 1949 RAM - 10 The City Council of the City of Des Plaines, Des Plaines, Illinois. Gentlemen: Application is hereby made for a change in the zoning classificationcr premises located in the City of Des Plaines, Cook County, Illinois, owned by the Chicago and North Western Railway Company and described as follows: That part of the Wi of the SH* of Section 18, Township 41 North, Range 12 East of the Third Principal Meridian, bounded and described as follows, to wit; Beginning at the Southwest corner of the SE* of said Section 18, thence North along the West line thereof 1791 feet, more or less, to a point, distant 850 feet South of the Northwest corner of the SE .of said Section 18, thence East along a line drawn parallel with the North line of the SE+ of said Section 18 a distance of 523 feet, more or less, to the Southwesterly line of Wolf Road as now located and established; thence Southeasterly along the Southwesterly line of Wolf Road 395 feet, more or less, to a point, distant 30 feet Northwesterly, measured at right angles from the center line between the two main tracks of the Des Plaines Valley Line of the Chicago and North Western Railway Company; thence Southwesterly 1 1 1 C. & N. W. RAILWAY LETTER, CONT' D. parallel with said railway center line 1620 feet, more or less, to the South line of the SEt of said Section 18; thence West along the South line of the SEt of said Sec- tion 18 a distance of 50 feet, more or less, to the point of beginning. This tract of land, totaling approximately 13.6 acres, was originally classified as "Residence District, Area District A." In 1937, upon application of the Chicago and North Western Railway Company, this area along with 48.4 acres located to the east, north, and west, was reclassified to "Industrial District, Area District C." The City Council, after considering the recommendation of the Zoning Board of Appeals, expressed the belief that the highest and best use for said land is for industrial purposes. In 1942 the entire area referred to in the preceding paragraph, totaling 62.0 acres, was again reclassified from "Industrial District, Area District C" back to "Residence District, Area District A." Although the Chicago and North Western Railway Company was the sole owner of this large tract of land, it was not advised of the proposed change in zoning. The 1942 rezoning is irregular and illegal. Since 1947 we have on two occasions unsuccessfully attempted to rezone this property for industrial purposes. On the occasion of the most recent peti- tion the Zoning Board of Appeals recommended to the City Council that the petition be granted. It is obvious to all that the above portion of the area, situated as it is within the confines of two sets of railroad tracks, is suitable only for that type of use to which it has been subject since 1935, i.e., Industrial. The railroad purchased this property in 1909 with the intention of utilizing it for future industrial development. Industries located on this property contribute substantial revenue to the railroad and furnish facilities and services to the residents of the City of Des Plaines. At the same time they are a source of revenue for the community. A flourishing community, such as Des Plaines, must 'have the type of light industrial concerns as are already located on this tract. In turn these industries must have railroad facilities. Accordingly, this application is for a change in the zoning of the above described 13.6 acres to "Industrial District, Light Manufacturing, Area District C." This area will be used in connection with the expansion needs of various industries located thereon. A map is attached hereto showing in solid yellow color the premises covered by this application, and there is also enclosed a voucher in the amount' of $35.00, in favor of the City of Des Plaines, to cover the cost of printing, publishing, etc., as required by your City. I will appreciate it if you will arrange for a hearing and advise me when the hearing is to take place in order that we may be represented. Yours very truly, R. A. Miller Enclosures. Land and Tax Commissioner. The motion was made by Alderman Johnson, and seconded by Wolf, to refer the application to the Zoning Board of Appeals sitting as a Commission. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. MISS PERCY BAINES' APPLICATION FOR REZONING. The Clerk read the following application: Honorable Mayor and City Council Des Plaines, Illinois 1096 Lee Street Des Plaines, Illinois March 19, 1949 Dear Sirs: I would like to request a variation or rezoning of our property at 1096 Lee Street for the purpose of opening a leather and gift shop in our -home. The legal listing of oOr property is as follows: - Des Plaines Gardens Subdivision Section 20 Township 41 Range 12 Lots 2 and 3 of Block 8 I would appreciate a recommendation by the Zoning Board as soon as possible. Very truly yours, Mrs. Percy Baines zZ BAINES' APPLICATION FOR REZONING, 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. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. CUMBERLAND TERRACE CIVICCLUB LETTER ON IMPROVEMENT OF WARRINGTON ROAD, WASHINGTON STREET, AND CUMBERLAND PARKWAY. The Clerk read the following letter: To the Mayor and City Council, City of Des Plaines. Gentlemen: February 16, 1949. On behalf of the members of the Cumberland Terrace Civic Club and all residents of the Cumberland Terrace Section, you are respectfully requested to give consider- ation to the possibility of obtaining gas -tax funds fpr improvement of the loop off Golf Road, formed by Warrington Road -Washington Street -Cumberland Parkway. This loop is regularly used by motor coaches as part of the company's route for the benefit primarily of school children in that particular section. This roadway should be of a quality to withstand the traffic to which it is subjected, for safety as well as service. From inquiry, we understand it is quite certain a request for funds for such usage would receive the sympathetic consideration of the State authorites. We will appreciate it if you will kindly refer this communication to your Streets Committee for study and recommendation. Yours very,truly, CUMBERLAND TERRACE CIVIC CLUB, INC. HK/mmk Herman Kerst, Secretary. The Mayor referred the letter to the Streets Committee. LETTER FROM DES PLAINES RIVER IMPROVEMENT COMMITTEE, RIVERSIDE, ILLINOIS. The Clerk read the following letter: Mayor G. W. Pflughaupt 1348 Henry Avenue Des Plaines, Illinois March 11, 1949 Dear Mayor Pflughaupt:. Many organizations in the neighborhood of Riverside, Lyons and North Riverside, have formed a committee to seek continued aid from the State of Illinois to improve the condition of the Des Plaines River through the con- struction of thirteen dams. Yousare undoubtedly familiar with the program that the Cook County Forest Preserve District is fostering which includes the improvement of the Hofmann Dam between Lyons and Riverside. The State has already built three dams recommended by the Forest Preserve which leaves ten dams, including the Hofmann Dam, to be completed. We are urging the continuation of this construction program. The Des Plaines Valley Mosquito District, of which I am President, owns property just above the Hofmann Dam and is very much interested in seeing that the proposed improvements of the River are made as a help to our program of taking care of mosquito breeding in the river. Since this program will be of material benefit to your community, we respectfully urge that you join us in supporting an appropriation of $300,000 by the Legislature to cover the next stage in the Forest Preserve program for the improvement of the Des Plaines River, by contacting Governor Stevenson and the Legislators in your district in its behalf. Yours truly, THE DES PLAINES RIVER IMPROVEMENT COMMITTEE S. S. Fuller, M. D. Chairman The Mayor instructed the Clerk to acknowledge the letter and to write to the State Representatives. STATE HIGHWAY PLANS ON WATER DRAIN AT WOLF AND ALGONQUIN ROADS. The Clerk read the following letter: Mr. E. Fletcher, Village Engineer, Village Hall, Des Plaines, Illinois. 226 February 24th, 1949. re: Algonquin Road DEPARTMENT OF HIGHWAYS LETTER, CONT'D. Sec. 016 -3333 -MFT. Dear Sir: I am submitting herewith for yourinvestigation and approval one set of preliminary plans for the proposed project on Wolf and Algonquin Road. It is my understanding that you have gone over this project with Mr. C. F. Paschen, Asst. Chief Engineer, of the Cook County Highway Department quite some- IIItime ago, and we would like to review this project and have you approve these plans. It will also be necessary for the Village Board to pass a resolution similar to the enclosed form and submit same properly signed and"sealed to this department for our files. Will you kindly let Mr. Paschen know as soon as possible if these plans meet with your approval so that we may submit a resolution and plans to the State Highway Department for approval in the near future. GAQ:CFP: VM CDR enc. Yours very truly, George A. Quinlan, Superintendent of Highways, Cook County, Illinois. The motion was made by Alderman Halverson, and seconded by Morava, to refer the plans and resolution to the Sewer Committee. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. APPROVAL OF MINUTES. The motion was made by Alderman Halverson, and seconded by McKay, to approve the minutes of March 7, 1949. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. ADJOURNMENT. The motion was made by Alderman Baines, and seconded by Wolf, IIIto adjourn. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried and the meeting regularly adjourned. r OTTO ./ J. HENRICH C CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, HELD IN THE COUNCIL CHAMBERSMONDAY 28, 1949. 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, Harm, McKay, Halverson, and Morava responding to roll call. READING OF THE CALL. The Mayor instructed the City Clerk to read the following call and notice of the Special Meeting. March 23, 1949 City 6lerk Otto W. J. Henrich City of Des Plaines, Illinois 111 ear Mr. Henrich: The undersigned Aldermen hereby call and request that you give notice -of a Special Meeting of the City Council of the City of Des Plaines, Illinois, to be held on Monday, March 28, 1949, at 8:00 P.M. for the purpose of canvassing the results of the Special Election held on March 22, 1949, and to transact such other business as may lawfully come before the meeting. Walter Morava Signed) Henry Halverson Signed) tal Reinhardt Wolf Signed) 226 NOTICE OF SPECIAL MEETING TO: Mayor G. Walter Pflughaupt, Aldermen E. W. Johnson, E. G. Hansen, L, Vavrinek, R. G. Wolf, H. J. Kehe, P. Baines , H. C. Harm, S. E. McKay, H. J. Halverson, W. Morava, and City Attorney F. M. Opeka. A Special Meeting of the City Council of the City of Des Plaines, Illinois, is hereby called, pursuant to a re- quest of Aldermen Walter Morava, Henry Halverson, and Reinhardt Wolf, to be held Monday, March 28, 1949, at 8:00 P.M. in the Council Chambers, Municipal Building, Des Plaines, Illinois, for the following purpose: TO CANVASS THE RESULTS or THE SPECIAL ELECTION HELD ON MARCH 22, 1949, AND TO TRANSACT SUCH OTHER BUSINESS AS MAY LAWFULLY COME BEFORE THE MEETING. Dated this 23rd day of March, 1949. OTTO W. J. HENRICH (SIGNED) CITY CLERK Received a copy of the above and foregoing notice of the 23rd day of March, 1949. MAYOR G. WALTER PFLUGHAUPT ALDERMAN E. W. JOHNSON ALDERMAN E. G. HANSEN ALDERMAN L. J. VAVRINEK ALDERMAN R. G. WOLF SIGNED SIGNED SIGNED ALDERMAN H. J. KEHE ALDERMAN PERCY BAINES ALDERMAN H. C. HARM SIGNED SIGNED ALDERMAN S. E. MCKAY SIGNED • ALDERMAN H. J. HALVERSON SIGNED ALDERMAN WALTER MORAVA SIGNED CITY ATTORNEY F. M. OPEKA SIGNED Return to City Clerk?s Off`Tee when completed CANVASS OF BALLOTS OF SPECIAL ELECTION ( STORM SEWER ). The Mayor appointed Alderman Harm, Alderman Morava and Alderman Hansen as a committee to canvas the ballots of the Special Election on Storm Sewer. After reconvening from a reooss.Alderman Morava presented the following proposed resolution: * RESOLUTION DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD MARCH 22nd, 1949. * * * * * * The motion was -then made by Morava and seconded by Halverson to adopt the proposed resolution. The motion was voted upon by acclamation whereupon the Mayor declared the motion carried. *See Page 226a.