08/06/1987CALL TO ORDER: The Special Meeting of the City Council of the City of
Des Plaines was called to order by Mayor John E. Seitz
at 8:05 P.M. in the Eleanor Rohrbach Memorial Council
Chambers, Des Plaines Civic Center, on Thursday,
August 6, 1987.
ROLL CALL:
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF DES PLAINES,
ILLINOIS, HELD IN THE ELEANOR ROHRBACH
MEMORIAL COUNCIL CHAMBERS, DES PLAINES
CIVIC CENTER, THURSDAY, AUGUST 6, 1987
Roll Call indicated the following Aldermen present:
Muehlenbeck, Childers, Bonk, Healy, Wetter, Schneck,
Kisslinger, Adams, Hardiman, Gebert, Sarlo, Chiropolos,
Hervas, Haupt. Aldermen Christiansen and Addante were
absent.
Also present was Acting Corporate Attorney Beyer.
PLEDGE: Pledge of Allegiance to the Flag was said by those
present.
POINT OF
ORDER:
As to Point #2, Mayor Seitz advised that as a rule
agendas of the City Council are relatively general or
nonspecific in nature.
232.
Alderman Hervas raised a Point of Order and distributed
copies of his Point of Order and Motion for Clarification
to the Council, which he .then read into the minutes (see
attached). Alderman Hervas stated that the Point of
Order and Motion for Clarification is made to Mayor Seitz
and the four Aldermen (Adams, Bonk, Chiropolos and
Schneck) who asked the Mayor to call this Special Meeting
and he asked for a ruling on his Point of Order.
As to Point #1, Mayor Seitz advised that he was informed
that perhaps two people were served late but the fact
that one of the Aldermen (Childers) was present would
waive any objection to the notice, and that there had
been verbal contact with the other Alderman (Christianser)
earlier in the day regarding this meeting.
As to Point #3, Mayor Seitz advised that this statement
is judgemental and not properly before the City Council
to discuss. He stated that the meeting follows the
procedure outlined in the City Code and he fails to see
where what has been done is improper.
Alderman Hervas responded by saying (Point #1) that he
understands the concept of Alderman Childers being here
and notice being waived, however Alderman Christiansen is
not here so the notice requirement is not waived for him.
He stated that oral notice is not in compliance with
Section 1 -6 -3 of the City Code, which requires strict
written notice within 24 hours of a meeting and that
ordinance was not followed.
Alderman Hervas continued by saying (Point #2) that
whether or not the City Council has had a practice in
the last 20 years or so of having vague agendas or
notices is not the issue. He said no one knew based on
the notice what was to be discussed tonight, it was
totally vague making it impossible to come to the meeting
in any prepared fashion, and that unto itself presents a
due process problem.
Alderman Hervas continued by saying (Point #3) that this
was the most serious point in that it entered the realm
of violating people's constitutional rights, such as the
First Amendment of the U. S. Constitution regarding the
right of people to peaceably assembly and to petition .
government for a redress of grievances is guaranteed.
And, he continued, if it can be determined that the
motivation of the Council tonight is to effectively
PAGE TWO
8/6/87
POINT OF thwart a citizen initiated petition, then the motivation
ORDER behind the Council's action is one that is violative of
(Cont'd.) the U. S. Constitution. And, he said, those aldermen
who propose it and support it could find themselves
answering to a Federal judge.
Alderman Hervas asked that the Acting Corporate Attorney
advise the Council as to whether or not a violation of
42 U.S.C. 1983 is possible with this action, and, if
assuming it is possible, the consequences facing each
alderman in terms of compensatory and punitive damages,
especially in light of the new Tort Immunity Act pro-
visions.
At this point, Alderman Hervas moved, consistent with
his Point of Order and Motion for Clarification, for
adjournment, seconded by Childers. Upon roll call, the
vote was:
AYES: 5- Childers, Healy, Wetter, Kisslinger, Hervas
NAYS: 9- Muehlenbeck, Bonk, Schneck, Adams, Hardiman,
Gebert, Sarlo, Chiropolos, Haupt
ABSENT: 2- Christiansen, Addante
Motion declared lost.
Alderman Kisslinger advised the Council that he voted
for the motion because he felt that local newspapers
did not have enough time to inform the citizens of this
meeting. Mayor Seitz responded by saying that the legal
requirements were met with 24 hour notice to the press.
Alderman Hervas asked for a ruling on his Point of
Order.
233,
Mayor Seitz ruled that (Point #1) notice was made or
attempted to be made in accordance with the City Code.
He ruled (Point #2) that most of the City Council agendas
are general in nature and that he called this meeting at
the request of four aldermen for that purpose. He ruled
(Point #3) that it was an opinion and he cannot rule on
an opinion, only what the City Code says.
Mayor Seitz stated that all three points were overuled.
Alderman Hervas asked the Mayor and the four Aldermen
(Adams, Bonk, Chiropolos and Schneck), who called for
the Special Meeting to respond to his Motion and Request
for Statement of Purpose.attached).
Mayor Seitz stated that he called the meeting at the
request of the four alderman who wished to discuss
certain referenda, all in accordance with the City Code.
He said he could not speak for four other aldermen and
perhaps they might want to respond.
Alderman Adams stated that no where in the City Code is
it required that a oral explanation of the purpose of a
meeting be given to the City Council. He said the
suggestion is improper, not worthy of further discussion,
the matter is closed and let us proceed with the meeting.
Alderman Hervas stated that his Motion and Request for
Statement of Purpose is only a request not an obligation
under City ordinance. He stated he was making the
request as a fellow alderman.
Alderman Adams said he would not make an explanation,
that there may be discussion during debate on the
resolutions. He expressed concern with the skimpiness of
his Motion and asked Alderman Hervas if he had the
authority to make a complaint or move on behalf of
Alderman Christiansen (Point #1).
PAGE THREE
Mayor Seitz noted her objection.
8/6/87
234.
POINT OF Alderman Hervas stated that his Point of Order and
ORDER Motion for Clarification - Point #1 reads "Upon informa-
(Cont'd.) tion and belief
Again, Alderman Adams asked if Alderman Hervas had
authority from Alderman Christiansen to make a complaint
on his behalf.
Alderman Hervas stated that he did not have authority fron
Alderman Christiansen but that he was citing a defection
in the procedure and that it had nothing to do with
representing Mr. Christiansen. He said it is to note
that the meeting on its face is defective.
Mayor Seitz responded to that comment that the meeting
on its face is defective by saying that is an arguable
point. He said the meeting meets the legal requirements.
Alderman Wetter stated that as Chairman of the Community
Services Committee she would like to register her dismay/
objection to this meeting. She said no one consulted
her about these resolution matters and that they should
have come before her committee for discussion. She again
registered her objection.
RESOLUTION Moved by Schneck, seconded by Adams, to adopt Resolution
R -15 -87 R- 15 -87, A RESOLUTION OF THE CITY OF DES PLAINES, COOK
FIREWORKS COUNTY, ILLINOIS, CALLING FOR A PROPOSITION TO DETERMINE
DISPLAYS: IF THE CITY OF DES PLAINES SHOULD HAVE ANNUAL 4TH OF JULY
FIREWORKS DISPLAYS, AT AN ANNUAL COST NOT TO EXCEED
$15,000, TO BE SUBMITTED TO THE VOTERS OF SUCH CITY AT
THE REGULAR ELECTION TO BE HELD NOVEMBER 3, 1987.
Moved by Kisslinger, seconded by Wetter, that Resolution
R -15 -87 be referred to committee for review. Upon roll
call, the vote was:
AYES: 5- Childers, Healy, Wetter, Kisslinger, Hervas
NAYS: 9- Muehlenbeck, Bonk, Schneck, Adams, Hardiman,
Gebert, Sarlo, Chiropolos, Haupt
ABSENT: 2- Christiansen, Addante
Motion declared lost.
Alderman Hervas asked Alderman Schneck why there is such
an urgency to pass this resolution without it going first
to committee for review.
Alderman Schneck stated that because we will no longer
have to pay back sales tax to certain communities, there
will be an excess of money in the budget to do some of
the projects people have been talking about for the
last few years.
Again, Alderman Hervas asked what the urgency was to
pass this resolution.
Alderman Schneck stated that Alderman Hervas should know
what that urgency is since he was behind Alderman Healy's
referendum. He said there is an urgency of a date.
Alderman Hervas asked what is the urgency of the date and
why can't this matter be discussed for a month or two
like other Council matters.
Alderman Schneck stated he wants to bring it before the
public.
Again, Alderman Hervas asked why.
Alderman Schneck stated for the same reason Alderman
Healy wants to bring his before the public.
PAGE FOUR
8/6/87
RESOLUTION Alderman Hervas asked Alderman Schneck if it was not true
R -15 -87 that the reason this is being proposed at this time and
(Con't.d) in this fashion is so it can be placed on the ballot
along with two other referendums that are suppose to be
passed on this time in order to fill the ballot so that
there can be no citizen -based initiative.
Alderman Schneck said he doesn't know /that and all he is
doing is putting three referendums before the City
Council to be placed on the ballot.
At this point, Mayor Seitz stopped the discussion saying
the debate was getting personal and it is beginning to
avoid the issues.
Moved by Hardiman, seconded by Adams, to call for the
question. Upon roll call, the vote was:
AYES: 12- Muehlenbeck, Childers, Bonk, Wetter, Schneck,
Kisslinger, Adams, Hardiman, Gebert, Sarlo,
Chiropolos, Haupt
NAYS: 2 Healy, Hervas
ABSENT: 2- Christiansen, Addante
Motion declared lost.
Upon roll call on the original motion, the vote was:
AYES: 10- Muehlenbeck, Bonk, Wetter, Schneck, Adams,
Hardiman, Gebert, Sarlo, Chiropolos, Haupt
NAYS: 4- Childers, Healy, Kisslinger, Hervas
ABSENT: 2- Christiansen, Addante
Motion declared carried.
RESOLUTION Moved by Schneck, seconded by Adams, to adopt Resolution
R -16 -87 R- 16 -87, A RESOLUTION OF THE CITY OF DES PLAINES, COOK
FUND KEEP COUNTY, ILLINOIS, CALLING FOR A PROPOSITION TO DETERMINE
DES PLAINES IF THE CITY OF DES PLAINES SHOULD FUND "KEEP DES PLAINES
BEAUTIFUL: BEAUTIFUL, INC." AT AN ANNUAL COST NOT TO EXCEED $35,000
TO BE SUBMITTED TO THE VOTERS OF SUCH CITY AT THE REGULAR
ELECTION TO BE HELD NOVEMBER 3, 1987.
Alderman Hervas asked Alderman Schneck why this is not
in committee for review, why this proposition needs to be
raised at a special city council meeting called with 24
hours notice without any discussion by committee.
Alderman Schneck said he would repeat what he said during
discussion on the previous resolution, that there will
be an excess of money in the budget because the City will
no longer have to pay back sales tax to certain communi-
ties.
Alderman Hervas asked as a personal request if Alderman
Schneck would please put this matter in committee for
discussion.
Alderman Schneck said no because there is nothing to
discuss. He said the resolution is a very simple,
straightforward statement saying shall we continue to
fund Keep Des Plaines Beautiful, Inc. by the City or
shall they depend on Federal funds.
Alderman Hervas asked if this is an emergency.
235
Alderman Schneck said yes because if the money was
allocated without prior approval there would be criticism
Alderman Wetter stated that as Chairman of the Community
Services Committee,again objected to the way things are
being handled this evening. She stated that there are
volunteer members of the Clean Community /Beautification
Commission who should be consulted during appropriate
discussion at budget hearings, and it is insulting for
them to be excluded like this.
PAGE FIVE
8/6/87
236.
RESOLUTION Alderman Bonk stated that Mary Hannah, Director of Keep
R -16 -87 Des Plaines, Inc., advised that they will be running out
(Cont'd.) of funds before the end of the year and she doesn't know
where additional funds will be coming from. For this
reason he thought it was a good idea to pass this resolu-
tion, to get the voters to say yes and give Keep Des
Plaines Beautiful, Inc. the money because if we don't,
we don't have a Keep Des Plaines Beautiful, Inc. next
year.
Alderman Kisslinger asked Alderman Schneck where all the
excess money is coming from since there will be no more
Federal Revenue Sharing funds.
Alderman Schneck said the - amount is less than one pay-
ment which we will no longer have to make after this year.
Alderman Kisslinger said it is regretable that the three
resolutions, which most everyone supports, is being
presented tonight in such a hurry -up fashion without
public input at a committee meeting. He said it was a
sorry state of affaiis we are seeing.
Alderman Chiropolos stated that those people who are
complaining about no committee action on these resolution
have not said one word about bringing the proposed
reduction in Council size to committee.
Alderman Childers asked if Mary Hannah was invited to
this meeting and if she is aware of this resolution.
Mayor Seitz said yes.
Both Mayor Seitz and Alderman Bonk stated that these
are only advisory referendums asking for citizen support
of these projects.
After further discussion, moved by Gebert, seconded by
Hardiman, to call for the question. Upon roll call, the
vote was:
AYES: 10- Muehlenbeck, Bonk, Schneck, Kisslinger, Adams,
Hardiman, Gebert, Sarlo, Chiropolos, Haupt
NAYS: 4- Childers, Healy, Wetter, Hervas
ABSENT: 2- Christiansen, Addante
Motion declared carried.
Upon roll call on the original motion, the vote was:
AYES: 9- Muehlenbeck, Bonk, Schneck, Adams, Hardiman,
Gebert, Sarlo, Chiropolos, Haupt
NAYS: 5- Childers, Healy, Wetter, Kisslinger, Hervas
ABSENT: 2- Christiansen, Addante
Motion declared carried.
RESOLUTION Moved by Schneck, seconded by Chiropolos, to adopt
R -17 -87 Resolution R- 17 -87, A RESOLUTION OF THE CITY OF DES
FUND PRAIRIE PLAINES, COOK COUNTY, ILLINOIS, CALLING FOR A PROPOSITION
PRESERVATION TO DETERMINE IF THE CITY OF DES PLAINES SHOULD ALLOCATE
PROJECT: FUNDS, NOT TO EXCEED $25,000, FOR THE PRAIRIE PRESERVA-
TION PROJECT, TO BE SUBMITTED TO THE VOTERS OF SUCH CITY
AT THE REGULAR ELECTION TO BE HELD NOVEMBER 3, 1987.
Alderman Hervas asked the Acting Corporate Attorney that
if we assume that the purpose of the meeting this evening
is to place three questions on the November ballot to
block a citizen initiated petition drive to have their
question placed on the ballot, is the motivation of the
Council in taking such action a violation of 42 U.S.C.
1983.
Attorney Beyer said he couldn't really give an answer
without researching the matter because was not familiar
with that section of the code.
1
PAGE SIX
8/6/87
RESOLUTION Moved by Adams, seconded by Bonk, to amend Page 3,
R -17 -87 Section 6, second line in the boxed area to add the
(Cont'd.) word "exceed" after the word "to." Motion declared
carried. Alderman Healy and Hervas voted no.
APPROVED BY ME THIS
Again, Alderman Wetter, as Chairman of the Community
Services Committee, objected that these resolutions were
not brought to her committee for discussion. She stated
that these resolutions are worthwhile projects and worthy
of support, but she objected to how they were being
rushed through the Council. She also stated that there
would be a better indication of how the community feels
about these matters if they were on the March Primary
ballot when there would be a larger voter turnout and
more time for discussion.
Alderman Healy concurred with Alderman Wetter's objection
Alderman Childers also concurred with Alderman Wetter's
objection and stated that she was shocked that these
items did not go through the Community Services Committee
Upon roll call on the motion, the vote was:
AYES: 9- Muehlenbeck, Bonk, Schneck, Adams, Hardiman,
Gebert, Sarlo, Chiropolos, Haupt
NAYS: 5- Childers, Healy, Wetter, Kisslinger, Hervas
ABSENT: 2- Christiansen, Addante
Motion declared carried.
237.
ADJOURNMENT: Moved by Chiropolos, seconded by Adams, that the Special
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:25 P.M.
Donna McAllister, CMC - CITY CLERK
POINT OF ORDER AND MOTION FOR CLARIFICATION
TO: Mayor John Seitz
FROM: Alderman Charles Hervas
SUBJECT: Special City Council Meeting -- August 6, 1987
NOW COMES CHARLES E. HERVAS, Alderman, Eighth Ward of
the City of Des Plaines, and respectfully moves for cla'rification
and point of order relative to the propriety of a special City
Council meeting called for August 6, 1987. In support of said
Motion, Petitioner states as follows:
1. Notice requirements as outlined in the Des Plaines,
City Code, ch. 6, § 1 -6 -3, requiring 24 hour notice to all
Aldermen of special meetings have not been followed. Upon
information and belief, Alderman MARY CHILDERS and Alderman
THOMAS CHRISTIANSEN were either never served with notice or were
served with notice less than 24 hours before the announced time
of the special meeting. Said notices were defective and in
violation of the Des Plaines City Code, ch. 6, § 1 -6 -3.
2. The information contained within said notice was
insufficient to apprise Council members of the specific nature of
the business to be addressed at the special meeting of the City
Council. Said failure to give adequate notice deprived Council
members of an opportunity to prepare and research the specific
content of business to be discussed and voted upon at the special
City Council meeting of August 6, 1987.
3. On its face, the purpose of said special meeting
involves an effort to thwart a grass root initiative designed to
place a question of public importance on the November 3, 1987
ballot. The obvious intention and purpose of said meeting is to
place three advisory questions on the November 3, 1987, ballot in
order to exclude the citizen -based initiative pursuant to
I11.Rev.Stat. ch. 46, t 28 -1. Said purpose is illegal and
contrary to the first amendment of the United States
Constitution, the fourteenth amendment of the United States
Constitution and the first amendment of the Illinois State
Constitution.
WHEREFORE, your petitioner respectfully requests that
the meeting be immediately adjourned, your Petitioner
respectfully so moves.
S E. HERVAS, Alderman
Eighth Ward
710 Kathleen Drive
(W) 773 -8500
(H) 364 -1932
1
1
TO:
FROM:
SUBJECT:
MOTION AND REQUEST FOR STATEMENT OF PURPOSE
Mayor John Seitz and Aldermen Adams, Bonk, Chiropolos
and Schneck
Alderman Charles E. Hervas
Special City Council Meting -- August 6, 1987
NOW COMES the Petitioner, CHARLES E. HERVAS, Alderman,
Eighth Ward, and respectfully moves and petitions the Honorable
JOHN SEITZ, Mayor of the City of Des Plaines, for explanation and
statement of purpose for calling a special meeting of the Des
Plaines City Council on August 6, 1987. Furthermore, your
Petitioner respectfully requests that Aldermen ADAMS, BONK,
CHIROPOLOS and SCHNECK, state, with specificity, said purpose for
requesting that Mayor SEITZ call a special meeting of the City
Council on August 6, 1987.
CHARLES E. ERVAS, Alderman
Eighth Ward
710 Kathleen Drive
(W) 773 -8500
(H) 364 -1932