08/17/1987ROLL CALL:
PRAYER AND
PLEDGE:
MINUTES:
FLOOD UPDATE:
238.
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF DES PLAINES,
ILLINOIS, HELD IN THE ELEANOR ROHRBACH
MEMORIAL COUNCIL CHAMBERS, DES PLAINES
CIVIC CENTER, MONDAY, AUGUST 17, 1987
CALL TO ORDER: The regular meeting of the City Council of the City of
Des Plaines, Illinois, was called to order by Mayor
John E. Seitz at 8:10 P.M. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, August 17, 1987.
Roll Call indicated the following Aldermen present:
Muehlenbeck, Childers, Christiansen, Bonk, Healy, Wetter,
Schneck, Kisslinger, Adams, Hardiman, Gebert, Sarlo,
Chiropolos, Hervas, Haupt. Alderman Addante was absent.
Also present were: City Treasurer Ken Fredricks, City Comptroller Peters,
Commissioner of Public Works Matula, Fire Chief Clark, Police Chief
Kozenczak, City Engineer Shrake, Human Resources and Services Department
Director Donahue, Municipal Development Department Acting Director
McKoveck, Administrative Officer Wildenberg, and City Attorney Smith.
The opening prayer was given by Mayor Seitz, followed by
the Pledge of Allegiance to the Flag.
PRESENTATION: Mayor Seitz presented a check to Police Chief Kozenczak
and 0. D. Swanson in the amount of $6,500 for the Des
Plaines Police Boys Club to help finance their annual
ten -day camping trip. Also assisting with the presen-
tation was City Treasurer Ken Fredricks, founder of the
Des Plaines Police Boys Club.
Moved by Bonk, seconded by Sarlo, to approve Minutes of
the regular meeting of the City Council held August 3,
1987, as published. Corrections: Page 1, Paragraph
Nine, Line Two, after the word "Street," add "Oak" and
Page Two, Paragraph Two, Line Six, change the word
"north" to "south." Following corrections, motion
declared carried.
Moved by Bonk, seconded by Sarlo, to approve Minutes of
the special meeting of the City Council held August 6,
1987, as published. Motion declared carried.
Mayor Seitz gave a brief overview of the flood situation
followed by reports from the various department heads
on their department's activity during the flood and after
BILLS PAYABLE: Moved by Schneck, seconded by Muehlenbeck, to adopt the
following resolution: BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING
BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY
CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR
SAME. Total: $528,291.69. Upon roll call, the vote
was:
AYES: 15- Muehlenbeck, Childers, Christiansen, Bonk,
Healy, Wetter, Schneck, Kisslinger, Adams,
Hardiman, Gebert, Sarlo, Chiropolos, Hervas,
Haupt
NAYS: 0 -None
ABSENT: 1- Addante
Motion declared carried.
FINANCIAL Moved by Schneck, seconded by Hervas, to adopt the
CONSULTANTS: recommendation of the Finance Committee to accept pro-
posal from Speer Financial, Inc., 55 E. Monroe St., Suite
4510, Chicago, IL 60603, to provide financial consulting
services to the City for its next planned bond issuance.
Upon roll call, the vote was:
AYES: 15- Muehlenbeck, Childers, Christiansen, Bonk,
Healy, Wetter, Schneck, Kisslinger, Adams,
Hardiman, Gebert, Sarlo, Chiropolos, Hervas,
Haupt
NAYS: 0 -None
ABSENT: 1- Addante
Motion declared carried
PAGE TWO
8/17/87
239.
1987 TAX LEVY: Alderman Schneck advised the Council that the 1987 Tax
Levy Ordinance, M -22 -87 (on First Reading tonight),
should be adopted at appropriate time this evening.
FUNDING FOR Moved by Schneck, seconded by Muehlenbeck, to adopt the
KEEP DES PLAINES recommendation of the Finance Committee to approve
BEAUTIFUL: disbursement of $14,628.16 to Keep Des Plaines Beautiful
Inc. to continue its activities through December 31,1987 .
with the understanding that any unspent funds be returned
to the City. Upon roll call, the vote was:
AYES: 15- Muehlenbeck, Childers, Christiansen, Bonk,
Healy, Wetter, Schneck, Kisslinger, Adams,
Hardiman, Gebert, Sarlo, Chiropolos, Hervas,
Haupt
NAYS: 0 -None
ABSENT: 1- Addante
Motion declared carried.
1987 -88 Moved by Schneck, seconded by Muehlenbeck, to adopt the
COMMUNITY recommendation of the Finance Committee to approve the
DEVELOPMENT 1987 -88 Community Development Block Grant Budget in the
BLOCK GRANT amount of $311,792 and authorize the Mayor to submit the
BUDGET: grant application to HUD. Upon roll call, the vote was:
AYES: 15- Muehlenbeck, Childers, Christiansen, Bonk,
Healy, Wetter, Schneck, Kisslinger, Adams,
Hardiman, Gebert, Sarlo, Chiropolos, Hervas,
Haupt
NAYS: 0 -None
ABSENT: 1- Addante
Motion declared carried.
POSITION Moved by Schneck, seconded by Muehlenbeck, to adopt the
RE- EVALUATION: recommendation of the Finance Committee to concur with
recommendation of Hay Management Consultants that the
Job Content Evaluation Points for the Human Resources &
Services Director be established at 677 and the salary
range (May 1, 1987) be $34,578 (minimum), $40,680 (mid-
point) and $46,782 (maximum); that salary adjustment
be retroactive to October 6, 1986 in the amount of
$1,962.67; and City Attorney be authorized to draft
necessary ordinance. Motion declared carried.
TOUHY- FOURTH- Moved by Chiropolos, seconded by Christiansen, to adopt
BITTERSWEET the recommendation of the Engineering Committee to award
WATER & SEWER bid for Touhy Avenue /Fourth Avenue /Bittersweet Avenue
IMPROVEMENTS: Water and Sewer Improvements to low bidder Gerardi Con-
struction Company, 4520 Osage Avenue, Norridge, IL 60656,
in the amount of $259,948, and bid bonds /checks be
returned to unsuccessful bidders. Upon roll call, the
vote was:
AYES: 15- Muehlenbeck, Childers, Christiansen, Bonk,
Healy, Wetter, Schneck, Kisslinger, Adams,
Hardiman, Gebert, Sarlo, Chiropolos, Hervas,
Haupt
NAYS: 0 -None
ABSENT: 1 Addante
Motion declared carried.
CHANGE ORDER/ Moved by Chiropolos, seconded by Christiansen, to adopt
SUPERVISORY the recommendation of the Engineering Committee to
CONTROL SYS.: approve Change Order to the contract with Kamp and
Associates, Inc., P.O. Box 558, Cedarburg, WI 53012,
for Supervisory Control System in the amount of $2,410 for
heat detectors at the Maple Street and Central Road
Pumping Stations and chlorine gas detector at the Central
Road Plant; and contract be extended to October 15,1987fo]
final testing. Upon roll call, the vote was:
CHNAGE ORDER
(Cont'd.)
SUSPENSION
OF RULES:
MODIFICATIONS
TO HOLY FAMILY/
MINER ST. WATER
TANKS:
DRIVEWAY
VARIATION/
548 WAIKIKI:
PARKING
RESTRICTION/
FOURTH AVE.:
PARKING
RESTRICTION/
MT. PROSPECT
ROAD:
PAGE THREE
8/17/87
240.
AYES: 15- Muehlenbeck, Childers, Christiansen, Bonk,
Healy, Wetter, Schneck, Kisslinger, Adams,
Hardiman, Gebert, Sarlo, Chiropolos, Hervas,
Haupt
NAYS: 0 -None
ABSENT: 1- Addante
Motion declared carried.
FINAL CHANGE Moved by Chiropolos, seconded by Christiansen, to adopt
ORDER /ELLINWOOD the recommendation of the Engineering Committee to
STREETSCAPE: approve final Change Order to contract with Martam
Construction Company, 22 W. 760 Poss Road, Glen Ellyn, IL
60137, in the amount of $37,221.64 for Ellinwood Street -
scape Project, contingent upon posting of final Mainten-
ance Bond. Upon roll call, the vote was:
AYES: 15- Muehlenbeck, Childers, Christiansen, Bonk,
Healy, Wetter, Schneck, Kisslinger, Adams,
Hardiman, Gebert, Sarlo, Chiropolos, Hervas,
Haupt
NAYS: 0 -None
ABSENT: 1- Addante
Motion declared carried.
Moved by Schneck, seconded by Christiansen, to suspend
the rules to allow citizens to speak for 5 minutes re
flood conditions. After some discussion, Mayor Seitz
suggested that individuals meet with City Engineer and
Commissioner of Public Works for further discussion of
their problems.
Moved by Chiropolos, seconded by Christiansen, to adopt
the recommendation of the Engineering Committee to accept
proposal from Donohue and Associates, Inc. 250 E. Devon,
Suite 150, Itasca, IL 60143, to prepare plans and
specifications to make necessary modifications to Holy
Family Hospital and Miner Street Water Tanks to improve
efficiency, at a cost not to exceed $8,000, and Mayor
and City Clerk be authorized to execute necessary
documents. Upon roll call, the vote was:
AYES: 14- Muehlenbeck, Christiansen, Bonk, Healy, Wetter,
Schneck, Kisslinger, Adams, Hardiman, Gebert,
Sarlo, Chiropolos, Hervas, Haupt
NAYS: 0 -None
ABSENT: 2- Childers, Addante
Motion declared carried.
Moved by Chiropolos, seconded by Christiansen, to adopt
the recommendation of the Engineering Committee to grant
request to widen driveway at 548 Waikiki Drive to 22'
from the house toward the street for 20' and taper down
to 16' for remaining 11' to curb, and deny request to
install asphalt on 10' easement along east side of
property. Motion declared carried.
Moved by Christiansen, seconded by Chiropolos, to adopt
the recommendation of the Engineering Committee that
"No Parking At Anytime" signs be installed on North
Avenue from 30' east of intersection of Fourth and North
Avenues, and on Fourth Avenue from North Avenue to Fifth
Court on both sides of the street, and City Attorney be
authorized to draft necessary ordinance. Motion declared
carried.
Moved by Christiansen, seconded by Chiropolos, to adopt
the recommendation of the Engineering Committee to grant
request from Cook County Highway Department that "No
Parking At Anytime" signs be installed on the east side
of Mt. Prospect Road from Howard Avenue to Oakton Street,
and City Attorney be authorized to draft necessary
ordinance. Motion declared carried.
1987 STREET
RESURFACING
(Advertising
for Bids)
BID FOR
REROOFING
MUNICIPAL
BUILDINGS:
APPEAL FOR
RELIEF
1596 OAKWOOD:
ORDINANCE
B -1 -87
EXCEPTION RE
BUILDINGS W/
SPRINKLER SYS.:
REDUCTION OF
CITY COUNCIL:
ORDINANCE
M -22 -87
1987 TAX LEVY:
McKAY- NEALIS
SUBDIVISION,
2210 WEBSTER:
PAGE FOUR
8/17/87
241.
Moved by Chiropolos, seconded by Christiansen, to adopt
the recommendation of the Engineering Committee that City
Clerk be authorized to sign necessary resolution for
advertising for bids for 1987 Street Resurfacing Pro-
jects, and open bids at 11 A.M. on Friday, September 11,
1987. Motion declared carried.
Moved by Bonk, seconded by Childers, to adopt the
recommendation of the Public Works Committee to accept
single bid received for reroofing of the Civic Center,
Police Building and attached canopy from Mader Roofing
Company, 326 Lake Street, Oak Park, IL 60303, in the
amount of $50,325 (alternate). Upon roll call, the vote
was:
AYES: 15- Muehlenbeck, Childers, Christiansen, Bonk,
Healy, Wetter, Schneck, Kisslinger, Adams,
Hardiman, Gebert, Sarlo, Chiropolos, Hervas,
Haupt
NAYS: 0 -None
ABSENT: 1- Addante
Motion declared carried.
BIKE SAFETY Moved by Bonk, seconded by Childers, to adopt the
RODEO AT BEHREL recommendation of the Public Works Committee to grant
DECK: permission to Cub Scout Pack #222 of St. Mary's Church
to use the second floor of the Behrel Parking Deck for a
Bike Safety Rodeo on Sunday, August 30, 1987 from 1 P.M.
to 5 P.M. providing insurance coverage is approved by
City Attorney. Motion declared carried.
Moved by Sarlo, seconded by Kisslinger, to adopt the
recommendation of the Building Code Committee to grant
request for Appeal for Relief to allow a 10' x 10'
board -on -board fence on a 90° angle from garage to pro-
perty line at 1596 Oakwood Ave. Motion declared carried.
Moved by Kisslinger seconded by Sarlo, to adopt
Ordinance B -1 -87, AN ORDINANCE AMENDING THE WORDAGE OF
SECTION 20.7 -1 b.(1), OF ARTICLE XX, OF THE DES PLAINES
BUILDING CODE AND ORDINANCE, PERTAINING TO THE ENCLOSURE
OF EXITWAYS, STAIRS, SHAFTS AND VERTICAL OPENINGS. Upon
roll call, the vote was:
AYES: 15- Muehlenbeck, Childers, Christiansen, Bonk,
Healy, Wetter, Schneck, Kisslinger, Adams,
Hardiman, Gebert, Sarlo, Chiropolos, Hervas,
Haupt
NAYS: 0 -None
ABSENT: 1- Addante
Motion declared carried.
At the request of Alderman Schneck, Mayor Seitz referred
the matter of reducing the size of the City Council from
16 to 8 members to the License & Judicial Committee.
Moved by Schneck, seconded by Muehlenbeck, to waive First
Reading and place on passage Ordinance M- 22 -87. Motion
declared carried.
Moved by Schneck, seconded by Kisslinger, to adopt
Ordinance M- 22 -87, AN ORDINANCE LEVYING TAXES FOR THE
CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL
YEAR BEGINNING JANUARY 1, 1987 AND ENDING DECEMBER 31,
1987. Upon roll call, the vote was:
AYES: 15- Muehlenbeck, Childers, Christiansen, Bonk,
Healy, Wetter, Schneck, Kisslinger, Adams,
Hardiman, Gebert, Sarlo, Chiropolos, Hervas,
Haupt
NAYS: 0 -None
ABSENT: 1- Addante
Motion declared carried.
Letter from Des Plaines Plan Commission re McKay - Nealis
Subdvision, 2210 Webster Lane, was referred to the
Municipal Development Committee.
ZONING CASE
87 -31 -V,
1520 S. RIDGE
LANE:
PAGE FIVE
8/17/87
At the request of Attorney Dan Dowd, Mayor Seitz
referred Zoning Case 87 -31 -V, 1520 S. Ridge Lane
(Matthew and Florence Adamczyk) to the Municipal
Development Committee.
242.
RECONSIDERATION Alderman Gebert asked City Attorney Smith if this was
OF RESOLUTIONS: meeting at which reconsideration of resolutions adopted
at the special meeting on August 6, 1987 could be made.
City Attorney Smith advised that that was a moot point
since the resolutions had already been filed with the
County Clerk.
Later in the meeting Alderman Childers asked Alderman
Gebert to clarify his earlier statement that if there
was a way for the referendums to be taken off the ballot
he would propose that. Alderman Gebert said the
City Attorney said it couldn't be done because the
resolutions had already been filed.
Alderman Childers asked Alderman Gebert that if it could
be done, would he propose that. He indicated that he
would.
Alderman Childers suggested that if Alderman Gebert is
willing that there be a reconsideration of the resolu-
tions.
City Attorney ruled that it was moot.
Alderman Childers stated that when she ran for alderman
there was a time period when she could have removed her
name from the ballot. She asked if that would not also
be true for referendums.
City Attorney Smith questioned whether Alderman Childers
had the standing to raise that question. He said that
the only way it could be done is if the Chair rules.
Alderman Childers stated that even if the point is moot
she would like to request, for the record, that it be
considered.
City Attorney said Alderman Childers should do that, but
that he suggests that if an item is either partially
acted upon or acted upon that under Robert's Rules of
Order, Section 36 and under two other provisions it may
not be reconsidered.
Again, Alderman Childers asked that even if there is
just a remote chance that these referendums could be
taken off, that the Alderman have an opportunity to do
so.
Mayor Seitz said he would have to ask the City Attorney
to research that but he thinks what the City Attorney
said was true because in the past there have been
several things that once filed with the County Clerk,
in effect, they are final.
City Attorney Smith stated that the County Clerk does
not care if someone wants to change their action. He
said that if Alderman Childers is questioning what was
done, she should have given everyone notice and called
a special meeting for the next day or the following
Monday. He said that action was not taken so it doesn't
show any urgency to the matter.
City Attorney Smith stated that if the matter was filed
by law and the County Clerk receives it, he is now not
of a whim to change that action. He stated the Council
could move for reconsideration and even if it passes
there is a strong probability that the County Clerk will
not take any action.
1
PAGE SIX
8/17/87
243.
RECONSIDERATION Again, Alderman Childers asked it could be tried, for
(Cont'd.) the record.
APPROVED BY ME THIS I()
DAY OF
YOR P CTcly
DArstIEL < <<SS L tALG 1
City Attorney Smith said it was up to the Mayor and City
Council, but he said that in his legal opinion the
matter is moot, that it was filed and that any action
taken subsequent to that the County Clerk does not have
to recognize nor probably will be based on talking to
their attorney.
Again, Alderman Childers requested that it be done even
if there is only a remote possibility.
Mayor Seitz stated that in his experience that once
something was filed it is on the record.
Alderman Sarlo stated that when Mayor Seitz ran for
office in 1981, he ran as a part -time mayor and wanted
to go to professionalism in government. He said he has
seen the City go from an Administrative Assistant to an
Administrative Officer and he gets the indication from
the Council members they would like to have a City
Manager and so would Mayor Seitz.
At the request of Alderman Sarlo, Mayor Seitz referred
the matter of City Manager to the License & Judicial
Committee.
Alderman Gebert asked that since the City Attorney
indicated that Mayor Seitz was the only one who could
rule on whether the resolutions could be reconsidered,
would the Mayor do so.
Mayor Seitz stated that he believes the Council acted
legally, that it acted within its jurisdiction, and on
the advice and recommendation of the City Attorney, the
motions stand.
ADJOURNMENT: Moved by Chiropolos, seconded by Bonk, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:19 P.M.
, 1987
Donna McAllister, CMC - CITY CLERK