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10/24/1955R, ® 2 MINUTES OF THE THE CITY COUNC ILLINOIS, HELD CITY HALL, MO AT 8:00 P.M. ADJOURNED MEETING OF L, DES PLAINES, IN THE COUNCIL ROOM, AY, OCTOBER 24, 1955, CALL TO ORDER. The meeting was called to order by Mayor Kenneth G. Meyer who presided with Alderman Neff, Wexler, Martin, Behrel, Prickett, Tistle, Nelsen, McKay, Davis, Schubert:& Dunlap responding to roll call. Alderman Wolf and Tures were absent. LEROY D. ALEXANDER, CHICAGO, AWARDED BID ON ADDITION TO OLD FIDE STATION4 23,403.00; Alderman Davis reported that L. D. Alexander was the low bidder andthen made the motion to award the bid on addition to fire station to L. D. Alexander for w23,403.00. Alderman Prickett seconded the motion. Alderman Martin thought the bid should be awarded to the local bidder Geo. H. Knight for $23,600.00. After dis- cussion the Mayor declared a five minute recess for the Fire Committee to discuss the bid. After reconvening the Mayor put the question and the Clerk called the roll: Ayes: Alderman Neff, Wexler, Behrel, Prickett, Tistle, NcKay, avis, Schubert and Dunlap. Nays: Alderman Martin and Nelsen. The Mayor declared the motion carried. BID BOND WITH BID. On motion by Alderman Schubert and second approved that in the future a bid bond must be attached to all by Martin the Counci:L bids. ADOPT AMENDMENT TO SEPTIC TANK ORDINANCE. The Clerk read for first reading the following ordinance entitled: AN ORDINANCE TO AMEND ARTICLE XX OF THE 1939 UILD,- ING CODE OF TE CITY OF DES PLAINES ENTITLED "SEPTIC TANKS" BY ADDING THERETO CERTAIN REG- ULATIONS WITH RESPECT TO THE INSTALLATION AND CONSTRUCTION OF SEPTIC TANKS AND SEEPAGE SYST+MS The motion was made by Alderman Schubert and seconded by Neff o suspend the rules and adopt the ordinance. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Neff, Wexler, Martin, Behrel, Prickett, Tistle, Nelsen, McKay, Davis, Schubert and Dunlap. Nays: None. The Mayor declared the motion carried and the ordinance before the Council for adoption. The motion was madle by Alderman Schu- bert and seconded by Dunlap to adopt the ordinance. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Neff, Wexler, Mafrtin, Behrel, Prickett, Tistle, Nelsen, McKay, Davis, Schubert and Dunlap. Nays: None. The Mayor declared the notion carried. DUTCH ELM DISEASE CONTROL COMMITTEE. Alderman Dunlap presented as members of the Dutch Elm Disease Committee: A. J.-Tomasek - 1828 Lincoln Avenue, Chairman John J. Heiland - 1339 Center Street Gilbert Rudiger - 729 Prairie Avenue J. A. Haynes,Jr. - 1133 Jeannette Avenue Miss Marian Hodgins - 1014 Prairie Avenue R. Jack Sneeden - 109714. Villa Drive Theodore B. Fossberg- 870 N. Golf Cul de Sac Mrs. R. E. Scott - 904 Second Avenue the following names On motion by Alderman Dunlap and seconded by Behrel the Council confirmed the appointments. DO ALL COMPANY DRIVEWAY. Alderman Prickett reported that the Street Committee investigated regarding Do All Company driveway and recommended that a permit be granted for a driveway 25 feet wide at the sidewalk and mamimum of 31 feet at the curb. On motion by Alderman Prickett and seconded by Dunlap to Council concurred in the report. BANK ACCOUNT FUNDS. Alderman Behrel reported that the Finance Committee had investi- gated regarding bank to pay interest on City funds in bank. They found the following: 1. The National Ranking Act of 1933, prohibits National member banks from paying interest on checking accounts. 2. The City of Des Plaines is already investing surplus funds in U S. Treasurey bills. 3. That special assessments funds are not similarly invested `because earnings cannot be returned to the City, but must remain in individual special accounts. The Finance Committee recommended the report be placed on file. On motion by Alder- man Behrel and second by Neff the Council concurred in the recommendation. 303 10-24-55 HUGO J. THAL REQUFST FOR QUIT CLAIM DEED. Alderman Behrel reported that Finance Committee recommended that Hugo J. Thal be advised quit claim deed may be obtained by payment of a fee of $100.00 per lot or in this request a total of $200.00. On motion by Alderman Behrel and second by Prickett the Council concurred in the recommendation. ADJOURNMENT. The motion was made by Alderman Schubert and seconded by Davis to adjourn. The motion was voted upon by acclamation. Otto 1.' J. Henrich • City "Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, DES PLAINES, ILLINOIS, HELD IN THE COUNCIL ROOD, CITY HALL, MONDAY, NOVEMBER 7,1955, AT 8:00 P.M. CD CALL TO ORDER. The meeting was called to order by the City Clerk due to absence of Maor Meyer,with Aldermen Martin> Behrel> Prickett, Tistle, Nelsen, McKay,Davis, ,. Schubert, Dunlap, Tures, Wolf, Neff and Wexler responding to roll call. On motion by Q Alderman Schubert and seconded by Tures the Council appointed Alderman McKay Chairman pro tem. 1 1 APPROVAL OF MINUTES. The motion was made by Alderman Prickett and seconded by Behrel to approve the minutes of the adjourned meeting, October 10, regular meeting October 17 and adjourned meeting October 24, 1955. The motion was voted upon by acclamation. OFFICIAL REPORTS. The Clerk submitted the reports of Building Commissioner and City Clerk for October. The Mayor made his appearance at this time and took the Chair. ATTORNEY HOWARD'S REPORTS. I wish to report to you that to my shocked surprise, Judge Daniel Covelli of the Superior Court, over -ruled my motion to dismiss Arthur Rieck, Building Commissioner of Des Plaines, out of the lawsuit brought by some twenty-five property owners on the south side of Des Plaines, against the Herzog Company for defective basement floors. In other words, Judge Covelli ruled that a Building Commissioner is personally liable to subsequent property owners if he fails to catch defective workmanship in the construction of buildings he is supposed to inspect. In my opinion this is a most harsh and unreasonable doctrine, putting an almost intolerable burden of responsibility and liability on a Building Department of a municipality, and I certainly feel that the ruling ougnt not be permitte&to stand. I have not yet decided what the next move in this matter ought to be. It would be risky to stand by the motion and take an appeal from Judge Covelli's ruling. This would mean if the Supreme Court disagreed with me and agreed with Judge Covelli, that Arthur Rieck would be automatically personally liable for all damages without a chance to contest the facts of the case. I will give the matter further thought and report to the Council again at a later date. I thought, however, that you should know about this ruling. (Signed) Marshall S. Howard As you know, there are now pending against the City, five lawsuits, each of which seeks a declaratory judgment against our zoning laws and ordinances invvarious places. Of these lawsuits, the Treveillier Case, involving the corner of Golf, Wolf and Seegers' Roads, in the northwestern section of town, the Rams Head Case, involving property on Graceland Avenue, near the Soo Line tracks, the Premier Rose Garden and the Bauske Cases, both involving extensive open areas on the south side of town, have been •referred to Master -in -Chancery Albert Sheppard and are in various stages of hearing.