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11/07/1955303 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. 304 11-7-55 ATTORNEY HOWARD'S REPORTS. (Cont'd.) In the Treveillier and the Rams Head Cases, the plaintiffs have completed their cases and our defense is due to go on. The Bauske and Premier Gases have been consol- idated and are set for hearing sometime in December. As is customary, the Masster-in-Chancery has requested a deposit from each of the parties in the Rams Head, Bauske and Premier Cases. You may recall that we followed this same practice about a year ago in the Carebuilt street vacation Case. The Matter has requested that the City of Des Plaines put up the sum of five hundred dollars ($500.00) in each of the three cases, as a partial guarantee to cover his costs and feesl Each of the plaintiffs, of course, is required to post a similar amount. I should like, therefore, to have you authorize payment of these amounts. (Signed) Marshall S. Howard The motion was made by Alderman Schubert and seconded by McKay that the sum of $1,500.00 for deposit on Master -in -Chancery fees be approved. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Martin, Behrel, Prickett, Tistle, Nelsen, McKay, Davis, Schubert, Dunlap, Tures, Wolf, Neff and Wexler. Nays: None. The Mayor declared the motion carried. TRAFFIC COMMISSION REPORTS. The Traffic Commistfuon investigated about making Fifth Avenue at Oakton Street one-way north and recommended "The use of this street by workers in this area is only a temporary situation and since this is the only exit south to Oakton we recommend that no change be made at this time." On motion by Alderman Martin and second by Behrel that the report be approved the time being until further complaints may be received. The Traffic Commission investigated about traffic lights on certain streets on Oakton Street and recommend "If stop and go lights are to be installed on Oakton Street between Mannheim and River Road, said installations be made at Cora Street." On motion by Alderman Nelsen and second by Tistle the Council concurred in the report and the Clerk to write the State Highway Department. On motion by Alderman Schubert and second by Behrel the Council referred to the Street Committee a letter from Traffic Commission about installing traffic lights and walk signals on several streets. On motion by Alderman Dunlap and secondeby Schubert the Council concurredin recommendation of Traffic Commission to install No Parking signs on the east side of Des Plaines Avenue from Miner north to Mill Street. ZONING BOARD OF APPEALS REPORTS. The Clerk read the Zoning Board report on the hearing of ordinance on "Rear Yard Requirements in Commercial Districts" and they recommend the ordinance be adopted. On motion by Alderman Wexler and second by Neff the report be referred to the Code Committee. ZONING BOARD REPORT ON CAMBRIDGE AND NORTHWEST HIGHWAY. The Clerk read the Zoning Board report on Commercial zoning at Northwest Highway and Cambridge'Road. The Board voted our to two denying the rezoning. On motion by Alderman Dunlap and seconded by Schubert the report was referred to the Municipal Development Committee. Alderman Neff did not vote. HANNIFIN CORPORATION - ZONING FOR CARPORT. The Clerk read the report from Zoning Board on Hannifin Corporation request for rezoning or variation for darport. The Board, by a vote of tour to two, denied the request. The motion was made by Alderman McKay and seconded by Wolf to concur in thexeport. After discussion,the Mayor put the question and the Clerk called the roll: Ayes: Alderman Prickett, Tistle, McKay, Schubert, Dt'ilap, Wolf, Neff and Wexler. Nays: Alderman Martin •Behrel, Nelsen,Davis and Tures..Th$ Mayor declared the motion carried. The Clerk informed the Council he had a report from the Safety Council with three other letters attgched regarding Lee Street underpass. The Mayor referred the report and letters to the Street Committee. 1 305 11-7-55 Alderman Martin reported he had three building permits, one in Westfield Gardens and two in Dexter Acres, which the Council must approve due to septic tanks. On motion by Alderman Martin•and second by Neff the Council approved same. On motion by Alderman Martin and second by Behrel a 4 foot variance was granted on building erected in error was approved by CounOil and the Attorney instructed to notify contractor to be more careful in future. At request of. Alderman Prickett the name change of Sixth Avenue was referred to Plan Commission to study and report to Street Committee. On motion by Alderman Tures and second by Dunlap the Engineer is to advertise bids to be returned December 5, 1955, for a pump, turbine and control panel for Well No. 4. APPROVAL OF BILLS. Alderman Behrel presented the following 'resolution: BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE Lr FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK a4� BE AND ARE HEREBY. AUTHORIZED TO MAKE „a PAYMENT FOR SAME. e1 Total $84,505.68. (A schedule of bills placed before each Alderman and affixed to resolution and on filo with City Clerk.) The motion was made by Alderman Behrel and seconded by Martin to adopt resolution. Several bills were questioned.and finally a bill for Dayton Tire Sales, Inc., total $717.42, was held out. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Martin, Behrel, Prickett, Tistle, Nelsen, McKay, Davis, Schubert, Dunlap, Tures, Wolf, Neff and Wexler. Nays: None. The Mayor declared the motion carried. 1 1 Alderman Behrel read the following report regarding City Engineer Contract. FINANCE COMMITTEE REPORT On September 19, 1955, at the request of Alderman Neff, there was referred to the Finance Committee for study and report, the contract, between the City of Des Plaines and the City Engineer, and fees to be paid thereunder by the City, for Engineering services as related to the proposed new sewer project. The investigation developed the following facts: Under the existing contract, in effect since December 27, 1945, the City Engineer is to receive 5% of the estimated cost on all construction and local improve- ments;°,in other words, no construction or local improvements, no pay. Available records show that in the seven years 1948 to 1954 inclusive, the City Engineerts average yearly compensation was as follows: Regular Construction $4,064.60 Motor Fuel Tax 1,432.60 Special Assessments 1,503.40 Total Yearly Average $7,000.60 The year 1955 is the first year in which any large project was undertaken,, such as the Water Works Construction. Total compensation to the City Engineer for the eight months ended August 31, 1955 was $33,426.77. This figure broken down is: Regular Construction 500.00, Motor Fuel Tax $1,496.40, Special Assessments $1,524.80, City Wide Sewer $4,213.00, Water Works Construction $25,692.57. While the City found it necessary to appropriate funds for City Wide Sewer R8lief, it is expected that these engineering expenses of $4,213.00 will be deducted, from the 5% engineering fees if the sewer referendum passes. With the approval of the City Council, the City Engineer engaged the services of outside engineering aid for the Water Works Project, and such services were compensated to the extent of 40% of the fees paid to the City Engineer. This practice of securing outisde engineering services we found was followed in other Illinois communities on large projects. 306 11-7-55 REPORT REGARDING CITY ENGINEER CONTRACT.(Cont'd.) Therefore, in connection with the sewer bond issue we find the 5% fee to be paid the City Engineer is in line with fees paid by other Illinois communities for similar services. During the course of the Committee's investigation the question arose .fIs our City now large enough to have a paid full-time Engineering Department?" While our Committee was not specifically charged with this duty, we are seeking additional factual data on this point. Furthermore, should the City Manager referendum pass, undoubtedlythe new City Manager will have recommendations to make with respect to the City Engineer and the Engineering Department. (Signed) H. H. Behrel, Chairman (Signed) S. E. McKay (Signed) Sidney B. Wexler On motion by Alderman Behrel and second by Wexler the report was concurred in. ALDERMAN BEHRE L READ THE FOLLOWING REPORT REGARDING BENJAMIN & LAND CONTRACT. The matter of the Benjamin & Lang contract with reference to fees to be paid tho financial consultants was submitted to the finance committee for investigation and report FACTS: On February 8, 1955, the City of Des Plaines, through its City Council, and Benjamin and Lang entered into a contract of employment (copy of which is attached and noted as Exhibit "A"). Pursuant to this contract Benjamin and Lang have acted as financial consultants to the City for the proposed sewer relief program. Under the terms of the contract, the financial consultants are to be compensated as follows: a. In the event the sewer referendum fails, the sum of $500.00 b. In the event the sewer referendum succeeds, 1% of the face value of the bonds FINDING: Your committee has examined the contract and has found the following: a. This contract was negotiated and executed in good faith by and between the City Council of the City of Des Plaines and Benjamin and Lang. b. Benjamin and Lang have performed all of their obligations under the terms of the contract except those portions that require additional services following a successful referendum c. The City should honor its obligations under its contract DISCUSSION: The essential elements of a contract are consideration, legality, capacity and arms length dealing between the parties. A review of this contract and the parties involved in drafting it indicated that all of these elements were present. The contract was reviewed by the Council, approved by the Attorney for the City and executed by the Mayor and the City Clerk. A contingent contract of the type entered into has been held legal by the courts of this state. Its practical value is without question in that the City could never hope to secure the competent professional advice for minimum fees andlonly has to pay for such fees when the people of the community approve such payment by a successful referendum. The financial consultant or other parties contracting with the City are placed on notice that no appropriation will be made unless approed by the voters. As a Council or legislative body, the present members have no authority to sit as judges in review of the wisdom of a previous legislature. Of course,'the Council may always repeal an ordinance passed by a previous council but it has no authority to arbitrarily rescind or abrogate a contract that has been complied with and upon which people have relied. The Council sits as a continuing legislative body and is obligated to honor contractual obligations as would any citizen. To do otherwise, not only destroys the integrity of the contract, but injures the reputation of the Gity represent- ing the citizenry. (Signed) H. H. Behrel, Chairman (Signed) S. E. McKay (Signed) Sidne Wexler 1 307 11-7-55 REPORT REGARDING BENJAMIN & LANG CONTRACT.(Cont'd.) The Mayor informed the Council he desired to leave the Chair to debate. On motion by Alderman Behrel and second by Martin the Council appointed Alderman McKay to take the Chair. After the Mayor resumed the Chair, he put the question and the Clerk called the roll: Ayes: Alderman Martin, Behrel, Prickett, Tistle, McKay, Davis, Schubert, Tures, Wolf and Wexler. Nays: Aldettman Nelsen, Dunlap and Neff. The Mayor declared the motion carried. LIQUOR DISTRICT ZONING ORDINANCE. The Clerk informed the Council he had the Liquor District Zoning Ordinance for second reading but had received revised draft. The motion was made by Alderman Neff and seconded by Dunlap to adopt the ordinance. After discussion the motion and second were withdrawn and on motion by Alderman Neff with second by Dunlap the ordinance was referred back to the Code Committee. The Mayor's veto of the "Intensitsy of Use of a Lot" was deferred to next Council meeting. LEON SMAAGE LETTER. A letter from Mr. Smaage inquiring to see if City would remove some trees at Central and West Schools was referred to Street Committee. 0 CITY OF PARK RIDGE LETTER ON REROUTING ALGONQUIN ROAD. The Clerk read a letter Cram they atk'Ridge City Clerk stating they had voted to defer the rerouting Route 62 ct from Higgins Road to Algonquin Road for six months. Placed on file. ett 1 1 STATE HIGHWAY LETTER ON SPEED POSTING. The Highway letter stating they have placed Oakton Street west of Mannheim Road and on Wolf Road north from Oakton'Street on the list for speed studies and when data has been obtained will write further. Placed on file. RAND AND WOLF ROADS TO HAVE TRAFFIC LIGHTS. The Highway letter advising that Wolf and Rand Road has been placed on list for signalization next year. Placed on file. AGREEMENT WITH STATE FOR CITY TO PAY FOR MAINTENANCE OF TRAFFIC SIGNALS OAKTON AND RIVER ROADS. The Clerk informed the Council he had agreements from the State Highway Department for the City to maintain the traffic signals when installed at River Road and Oakton Street. The motion was made by Alderman Wolf and seconded by Behrel to authorize the Mayor and Clerk to execute same. The Mayor put the question and the Clerk called the roll: Ayes: Alderman Martin, Behrel, Prickett, Tistle, Nelsen,McKay, Davis, Schubert, Dunlap, Tures, Wolf, Neff and Wexler. Nays: None. The Mayor declared the motion carried. Alderman Nelsen reported that he wished to report that Alderman Tures had planted some shrubs in front of the Garage where the Welfare Association has the office. This was a gift to the City. Alderman Martin report4d he had received a petition requesting a street light on Margret between Algonquin and Walnut Streets. The Mayor referred the petition to Street Committee. A TOTAL OF $245.45 IN UNCOLLECTIBLE WATER BILLS REMOVED FROM LEDGER. On motion by Alderman Prickett and second by Behrel the Clerk's request to remove 28 accounts, total of $245.45, in uncollectible water bills was approved. OSCAR BLUME APPOINTED AS MEMBER OF PLAN COMMISSION. On motion by Alderman Davis and second by Tures the Council approved the appointment of Oscar Blume to Plan Commission, to fill vacancy of resignation of Paul R. Giardini. ADJOURNMENT. The motion was made by Alderman Wolf and seconded by Tures to adjourn. The motion was voted upon by acclamation. ci Ott .' W. J. Henrich City Clerk