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05/09/1955MINUTES OF THE ADJOURNED MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN THE COUNCIL ROOM, CITY HALL, MAY 9, 155,AT 8:00 P.M. CALL TO ORDER. The meeting was called to order by Mayor Kennth�G. Meyer, who pre- sided with,�Alderman Tures, Wolf, Neff, Wexler, Behrel, Martin, Tistle., Prickett, McKay, Davis, Schubert, and Dunlap responding to roll call. Alderman Nelsen was, absent. APPROVAL OF MINUTES. The motion was made by Alderman Wolf and seconded by Prickett to approve the minutes of May 2, 1955. Alderman Davis requested that his motion to include the parks on the end of North and South Cul de Sac be include in leases to Park District. Alderman McKay requested that word "elected" be included in Section 2 in the resolution on results of election. The motion was then voted upon by acclamation and the Mayor declared the motion carried with corrections made. The Mayor reported the following Committee appointments with the first name as Chairman: 1. FINANCE 2. MUNICIPAL DEVELOPMENT 3. POLICE 4. FIRE 5. BUILDING & GROUNDS 6. LICENSE & INSPECTION 7. SANITATION 8. STRFETS & TRAFFIC 9. WATER .. 10. SEWERS 11. BLDG. CONTROL & INSPECTION 12. PARKING LO'T'S & METERS BEHREL, McKay, Neff, Wexler SCHUBERT, Behrel, Dunlap McKAY, Schubert, Tures DAVIS, Prickett, Martin NELSEN, Davis, Tistle NEFF, Davis, Prickett DUNLAP, Tures, Nelsen PRICKETT, McKay, Martin TURES, Schubert, Dunlap, Tistle WOLF, McKay, Wexler, Neff MARTIN, Tistle, Behrel WEXLER, Nelsen, Wolf Board of Local Improvements Sectio - McKay, Neff, Wolf, Tures OFFICIAL REPORTS. The Clerk submitted the report of receipts for April. CITY ATTORNEY REPORT ON CAREBUILT CORPORATION CASE. Gentlemen: The final argument took place before Judge Fisher of the Circuit Court in the case by Carebuilt Corporation against us to set aside the vacation of Birchwood Ave- nue. You will recall that the Master in Chancery had already decided against us. Judge Fisher confirmed the Master's report and entered a decree finding that our ordinance vacating Birchwood Avenue is void and invalid. This case has been a long drawn out matter heard before a Master in Chancery with attendant heavy cost for court reporter and Master in Chancery fees. The Master's fees were $1,250.00, court reporter $525.50 and miscellaneous costs brought the cost of suit up to X1,837.50. _ Normally these costs are assessed against the loser. Judge Fisher rules, however, that the cost should be assessed one-third against the plaintiff, Carebuilt Corporation, one-third against the City of Des Plaine; and one-third against the individual property owners as a group who joined with us in defense of the lawsuit. Accordingly, a decree has been entered charging the City of Des Plaines with one-third of said cost, or the sum of ;.12.50. We have alreadyipaid part of this in the form of a deposit of $200.00 to the Master of Chancery for his costs made some time ago. We are, therefore, obligated for the sun of $412.50. I would appreciate your authorizing the payment of this sum so that we might satisfy the terms of the decree. Yours truly, Marshall S. Howard (Signed) City Attorney On motion by Alderman Neff and seconded by Wexler the report was referred to the Finance Committee. 1 5-9-55 RECOMMENDATION TO CHANGE NAME OF ASHLAND AVENUE TO EDGEBROOK PLACE. The Plan Commission recommended to change the name of Ashland Avenue to Edgebrook Place in the Edgebrook Subdivision. The motion was made by Alderman Prickett and seconded 'by Behrel to concur in the recommendation. On motion by Alderman Schubert and seconded by Wolf the redommendation Was referred to the Street Committee. PETITION TO ANNEX THE SOUTHWEST CORNER OF IEE AND HOWARD STREETS. The Clerk reported the petition had been held over for the new Council. The Mayor referred the petition to the Municipal Development Committee. FIRST READING HERZOG REZONING TO MULTIPLE DWELLING THE .NORTHEAST CORNER WOLF AND SEEGERS:ROADS. The Clerk read for first reading the zoning ordinance on Herzog rezoning the northeast corner Wolf and Segger's Roads. The Mayor ordered the ordinance placed on file for second reading. THE CLERK READ FOR SECOND READING THE ORDINANCE ADOPTING THE OFFICIAL PLAN MAP. The Clerk read for secondoreading the official plan map ordinance. The ordinance was referred to the Council as a Committee of the Whole. The Clerk was instructed torrite to the retired Aldermen requesting them to C7 return the City Plan map, sewer report and 1928 City Code book. The Clerk read for second reading the ordinance relating to sewers and septic , tanks. After discussion the ordinance was referred to the Sanitation Committee. 1 1 ADOPT RESOLUTION AUTHORIZING THE LEASING OF CERTAIN LANDS TO THE DES PLAINES PARK DISTRICT. The Clerk read the resolution on leasing the park on the east end of North*Cul de Sac to the Des Plaines Park District. The motion was made by Alderman Tures and seconded by Prickett to adopt the resolution and the Mayor and Clerk be authorized to sign the lease. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Tures, Wolf, Neff, Wexler, Behrel, Martin, Tistle, Prickett, McKay, Davis, Schubert and Dunlap. Nays: None. The Mayor declared the motion carried. (*Golf) ADOPT RESOLUTION AUTHORIZING THE LEASING OF CERTAIN LANDSZO THE DES PLAINES PARK DISTRICT. The Clerk read the resolution on leasing the park known as Memorial Park at Pearson and Des Plaines Avenue to the Des Plaines Park District. The motion was made by Alderman Schubert and seconded by Dunlap to adopt the resolution and the Mayor and Clerk be authorized to execute the lease. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Tures, Wolf, Neff, Wexler, Behrel, Martin, Tistle, Prickett, McKay, Davis, Schubert and Dunlap. Nays: None. The Mayor declared the motion carried. ADOPT RESOLUTION AUTHORIZING THE LEASING OF CERTAIN LANDS TO THE DES PLAINES PARK DISTRICT. The Clerk read the resolution leasing the Park in center of. Homerican Villas, which is part of a street (Hoffman Parkway) known as the "Circle", to the Des Plaines Park District. The motion was made by Alderman Wexler and seconded by Neff to adopt the resolution and the Mayor and Clerk be authorized to execute the lease. The Mayor put the question and the Clerk called the roll with the following result: Ayes: Alderman Tures, Riff, Wexler, Behrel, Martin, Tistle, Prickett, McKay, Davis, Schubert and Dunlap. Nays: Alderman Wolf. The Mayor declared the motion carried. The Attorney was instructed to draft a lease with Park District for park at east end of South Golf Cul de Sac. FIRST READING ON ORDINANCE TO VACATE PUBLIC PARK. The Clerk read for first reading the ordinance to vacate the public park which is a part of Cambridge Road at North- west Highway. The Mayor ordered the ordinance placed on file for second reading. RESOLUTION AUTHORIZING SERIAL PAYMENT OF SPECIAL ASSESSMENT NO. 158 BONDS. The Clerk read the above resolution and on request of Alderman Neff the resolution was referred to the Finance Committee. APPLICATION ZONING VARIATION ON NORTHEAST CORNER CENTER AND THACKER STREETS. The Clerk read the application for zoning variation on northeast corner Center and Thacker Streets from apartments to Doctors or Medical Office Building. On motion by Alderman Behrel and seconded by Prickett the application was referred to the Zoning Board of Appeals sitting as a Commission to call a hearing. 2x:4 5-9®55 VETERAN OF FOREIGN WARS LETTER ON CARNIVALS. The Clerk read Gentlemen: he following letter: It was unanimously voted at our April 21, 1955, Post meeting, to approach the City of Des Plaines regarding the possiblity of setting up a committee to investigate the feasibility of a possible permanent common civic festival grounds. This is in line with the recommendation of former Alderman Genter Dahl. The Des Plaines V.F.W. is highly desirous of eliminating a recurring debate, and confusion regarding festivals. The Des Plaines V.F.W. goes on record as being willing to cooperate with any and all other organizations in town regarding the above project. At this $Ame meeting, our Post set up a committee to work with any group willing to meet and discuss said project. We feel that this type arrangement would be an asset to our community and might possibly be properly placed in the hands of the Planning Commission. Weiould appreciate an early reply, Very truly yours, Harold W. Baske (Signed) Adjutant The Mayor referred the letter to the Municipal Development Committee and Plan Commission. The Mayor referred the Zoning Variation Ordinance to the Attorney to amend Artice 2, the concurring members be changed from 4 to 5. CONTRACT WITH WRIGHT ANIMAL HOSPITAL. Alderman Wolf presented contract with Wright Animal Hospital. On motion by Alderman Wolf and seconded by Schubert the contract is to be placed on file seven days in City Clerk's office for inspection. Ehgirieet Fletcher informed the Council he had a list of streets in need of repair and if the Aldermen would like to check same he would have list on file in his office. Daniel Bonaguidi, 1061 Sixth Avenue, appointed to Traffics Commission to fill vacancy due to death of Victor Spiegler. Conrad J. Freeman, 84 Third Avenue, appointed to Civil Service Board to fill vacancy resignation of G. 'Walter Pflughaupt. On motion by Alderman Schubert and seconded by Prickett the Council approved the appointments. The Mayor informed the Council the memorial for Victor Spiegler at old pump house site would be dedicated May 19, 1955, at 6:30 P.M. ADJOURNMENT. The motion was made by Alderman Wolf and seconded by Tures to adjourn. The motion was voted upon by acclamation and the Mayor declared the motion carried. AA Ott.k . J. Henrich City Clerk 1 1