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03/26/19561 0 1 1 3-19-56 At request of Alderman Tures the Mayor referred to the Street Committee the parking on Ashland Avenue 125 feet east of alley. .At request of Alderman Tistle the Mayor referred to the Street Committee about improving parkways for parking on the Northeast corner of Center and Oakton and the Northeast comer Second and Prairie. The motion was made by Alderman Bell and seconded by Dunlap to offer $700.00 to the Mosquito District Assodation for the election. The motion was made by Alderman Nelsen and seconded by Davis to table the matter. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Prickett, Nelsen, Davis and Schubert. Nays: Alderman Tistle, Bell, McKay, Dunlap, Wolf, Neff, Wexler, Martin and Behrel. The Mayor declared the motion lost. The Mayor put the question on the original motion and the Clerk called the roll: Ayes: Alderman Bell, McKay, Dunlap, Neff, Wexler and Martin. Nays: Alderman Pricket stle, Nelsen, Davis, Schubert, Wolf and Behrel. The Mayor declared the motion after after questioned on Alder- man Ture's vote because he had not asked to be excused. ADJOURNMENT. The motiOan was made by Alderman Wolf and seconded by Tistle to adjourn. The motion was voted upon by acclamation. I/ /1 Otto . J. Henrifh City Clerk MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HEIR IN COUNCIL ROOM, CITY HALL, MARCH 26, 1956 AT 8:00 P.M. CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer with Alderman Tistle, Nelsen, Bell, McKay, Davis, Schubert, Dunlap, Tures, Wolf, Neff, Martin and Behrel responding to roll call. Alderman Prickett and Wexler were absent. TETTER TO CLERK TO CALL SPECIAL MEETING. We hereby request and direct you to call a special meeting of the Mayor and City Council at 8:00 P.M. Monday, March 26, 1956, to consider the employment of an attorney to represent the City of Des Plaines in the case of Kuntze v. Des Plaines, 56 C 2420, and to consider the method of defending said suit. (Signed) Walter Tistle (Signed) Clifford D. Nelsen (Signed) R. G. Wolf IETTER OF CIERK TO ALDERMEN OF SPECIAL MEETING. City Council Des Plaines, Illinois Gentlemen: 0• To: Mayor Kenneth G. Meym; Alderman Robert'N. Dunlap, Dana T. Schubert, Raymond Tures, Reinhardt G. Wolf, Mary V. Neff, Sydney B. Wexler, Lewis E. Martin, Herbert H. Behrel, Alfred Prickett, Walter Tistle, Clifford D. Nelsen, Robert A. Bell, Samuel E. McKay and William N. Davis. A Special Meeting of the City Council of the City of Des Plaines, Illinois, is hereby called, pursuant to a request of Alderman Walter Tistle, Clifford D. Nelsen and Reinhardt G. Wolf, to be held on Monday, March 26, 1956, at 8:00 P.M. in the Council Chambers, Municipal Building, Des Plaines, Illinois, for the following purpose: THE PURPOSE OF EMPLOYING AN ATTORNEY TO REPRESENT THE CITY ON THE KUNTZE CASE. Dated this 22nd day of March, 1956. Otto W. J. Henrich (Signed) Otto W. J. Henrich, City Clerk u 344 3-26-56 LETTER OF CIERK TO ALDERMEN OF SPECIAL iETING.(Cont'd.) Received a copy of the above and MAYOR KENNETH G. MEYER ALDERMAN ROBERT M. DUNLAP ALDERMAN DANA T. SC HUBERT ALDERMAN RAYMOND TURES ALDERMAN REINHARDT G. WOLF ALDERMAN MARY V. NEFF ALDERMAN SYDNEY B. WEXIER ALDERMAN MIS E. MARTIN ALDERMAN HERBERT H. BEHREL ALDERMAN ALFRED PRICKETT- ALDERMAN WALTER TISTIE ALDERMAN CLIFFORD D. NEISEN AIDERMAN•ROBERT A. BELL ALDERMAN SAMUEL E. MC KAY ALDERMAN WILLIAM N. DAVIS foregoing notice of the 22nd day of March, 1956. Margaret B. Meyer (Signed M. E. Dunlap (Signed) Dana Schubert (Signed) Ray Tures (Signed) R. G. Wolf (Signed) Mary V. Neff (Signed) S. B. Wexler (Signed) Mrs. J. L. Lawrence(Signed) Mrs. H. Behrel (Signed) Mrs. A. J. Prickett (Signed) Walter Tistle (Signed) Cliff Nelsen (Signed) Mrs. Robert Bell (Signed) Mrs. S. E. McKay (Signed) W. N. Davis (Signed) Delivered by Kaar and Alfano , Police Department, City of Des Plaines, Illinois on the 22nd day of March, 1956. The Mayor informed the Council that he had not refused to call the special meeting.' He informed the Aldermen that he is to be requested to call a special meeting and if he refuses thenthree Aldermen can request by letter to the City Clerk to call a meetiing�. Any three Aldermen can always call a Council meeting, but it is customary to ask -the Mayor to call the meeting. Attorney Eley read a letter from Mr. Hutchings stating his reasons for not accepting the appointment as attorney to represent the City in the Kuntze case. Alderman Neff redonm►ended John Burke be employed for the Kuntze case. After considerable discussion and Mr. Burke allowed to discuss the case, the motion was made by Alderman Behrel and seconded by Dunlap to employ John Burke. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Tistle, Nelsen, Bell, McKay, Davis, Schubert, Dunlap, Tures, Wolf, Neff, Martin and Behrel. Nays: None. The Mayor declared the motion carried. The motion was made by Alderman Tistle and seconded by Martin that the Council instruct the Building Commissioner to issue building permits for the four Kuntze lots. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Tistle, Nelsen, Bell, Dunlap, Neff and Martin. Nays: Alderman McKay, Davis,': Schubert, Tures, Wolf and Behrel. The Mayor voted "no" and declared the motion lost., On motion by Alderman Dunlap and second by Schubert the Council voted by acclama- tion that it was the consensus of the City Council they would be happy if the building permits were granted, if proper applications are madeifor same. The motion was made by Alderman Martin and seconded by Neff that the City Council instruct the Zoning Board of Appeals to call a hearing for a variation of the Kuntze lots. The motion was made by Aldetman McKay and seconded by Schubert to table until next Monday Council meeting. The Mayor'put the question and the Clerk called the roll: Ayes: Alderman Bell, McKay, Davis, Schubert, Dunlap,1Tures and Behrel. Nays: Alderman Tistle, Nelsen, Wolf, Neff and Martin. The Mayor declared the motion carried. 1 C„ ICY 01-4 3-26-56 The motion was made by Alderman Wolf and seconded by Tures to adjourn. The Mayor put the question and the Clerk called the roll; Ayes: Alderman Tistle, McKay, Davis, Tures and Wolf. Nays: Alderman Nelsen, Bell, Schubert, Dunlap, Neff, Martin and Behrel. The Mayor declared the motion lost. The motion was made by Alderman Martin and seconded by Tistle to employ John Burke for the Meyer Company case. On motion by Alderman Davis and second by McKay the employment. of the attorney was tabled to next Monday Council meeting. Parking on Western Avenue and Northwest Committee. ADJOURNMENT. The motion was made by Alderman The motion was voted upon by acclamation. Highway was referred to the Police Dunlap and seconded by Nelsen to adjourn. Otto W �+ . Henrich City C . rk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN THE COUNCIL ROOM, CITY HALL, APRIL 2, 1956. AT 8:00 P.M. CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer, who presided with Alderman Nelsen, Bell, McKay, Davis, Schubert, Tures, Wolf, Neff, Wexler, Martin, Behrel and Tistle responding to roll call. Alderman Dunlap and Prickett were absent. The Mayor informed the Council that Scouts of Troop 42 and Explorer Post 142 at Congregational Church for Citizenship in the Community Merit Badge were in attendance. They were in charge of Don Fink, Explorer Advisor and Charles Robinson, Troop 42 Advancement Chairman. OFFICIAL REPORTS. The Clerk submitted the reports of Treasurer for February and Clerk, Building Commissioner and Nurse and Welfare for March. CITY ATTORNEY LOMNEN EIEY REPORT ON PREMIER ROSE GARDENS DISANNEXATION. The Clerk read the following report: The City Clerk has sent to me a summons served upon him on March 26, 1956, in the matter of The Premier Rose Gardens, Consolidated, a corporation, Otto A. Bauske and Myrl E. Bauske, against the City of Des Plaines, which case is No. 56 C 3868. In this matter the petitioners or plaintiffs seek to disconnect from the City of Des Plaines property described in paragraphs 1 and 2 in the Petition being the same property in the suit brought by the same persons to hold Des Plaines zoning laws invalid. This proceedings is apparently brought under paragraph 7-42 of the Cities and Villages Act of Illinois and absent the annexation of Orchard Place by referendum on yesterday, the petitioners would have been entitled to the granting of their prayer for disconnection. Howeter, with the annexation, of Orchard Place the tracts described in the Petition are no longer located on the border of Des Plaines and therefore the petitioners are not entitled to disconnect unless the Courts should hold that the status as of the date of the filing of the Petition controls rather than the status on the date of any decree. It is therefore my recommendation that an answer be filed on behalf of the City denying the allegation of paragraph 6 of the Petition as to the location of the land on the border of the City and therefore denying that plaintiffs are entitled to disconnect. If requested, I will be glad to handle this matter on behalf of the City of Des Plaines. (Signed) Lommen D. Eley On motion by Alderman Behrel and second by Bell the Council approved to have Attorney Eley handle the matter.