10/20/19808.
MINUTES OF THE REGULAR MEETING OF
THE CITY COUNCIL OF THE CITY OF
DES PLAINES, ILLINOIS, HELD IN
THE COUNCIL CHAMBERS, CIVIC CENTER,
MONDAY, OCTOBER 20, 1980
CALL TO ORDER: The regular meeting of the City Council of the City of Des
Plaines was called to order by Mayor Herbert H. Volberding,
Sr., in the Council Chambers, Civic Center, at 8:02 P.M.
on Monday, October 20, 1980
111 ROLL CALL:
Roll Call indicated the following aldermen present:
Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone, Prellberg,
Kisslinger, Birchfield, Erbach, Tomaszewski, Sarlo, Meyer,
Seitz, Ward, Egan
Also present were: Fire Chief Gedroic, Police Chief Alfano, Building
Commissioner Trost, Director of Zoning and Planning Richardson, Assistant Z
,e4%.Engineer Crowley, Commissioner of Public Works Matula, City Comptroller
Blietz, City Treasurer Swanson, City Attorney Smith, Environmental Officer
Lindahl, License Officer Hinde, Building Inspector McKoveck.
1
PRAYER AND
PLEDGE
MINUTES:
ANIMAL
REDEMPTION
FEE
CATV
SEMINAR
AUTOMOBILE
ALLOWANCES
BILLS
PAYABLE
INDUSTRIAL
REVENUE BONDS
R & A
Distributing
The meeting opened with prayer by Pastor Emeritus Wobbe
of Christ Church, followed by the Pledge of Allegiance to
the flag.
Moved by Kisslinger, seconded by Sarlo, to approve the
Minutes of the regular meeting held October 6, 1980, as
published. Corrections: Page one, paragragh three change
Fire Chief Alfano to Police Chief Alfano; Page two,
paragraph 2, line 7, change word "boundard" to"boundary".
Following correction, motion declared carried.
Moved by Ward, seconded by Seitz, to adopt the recommenda-
tion of Finance and Insurance Committee to increase the
animal redemption fee from $5 to $10 and authorize City
Attorney to draft necessary ordinance updating the wording
in the City's present ordinance. Motion declared carried.
Moved by Ward, seconded by Seitz, to adopt the recommendation
of Finance and Insurance Committee to approve the tuition
of $95 to allow City Attorney to attend a Cable Television
Seminar in Chicago. Upon roll call, the vote was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone,
Prellberg, Kisslinger, Birchfield, Erbach,
Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Moved by Ward, seconded by Seitz, to adopt the recommenda-
tion of Finance and Insurance Committee to increase lump
sum allowances for use of private automobile for City
business by 8%, City Attorney to draft necessary ordinance.
Motion declared carried.
Moved by Ward, seconded by Seitz, 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, $428,852.71.
Upon roll call, the vote was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone,
Prellberg, Kisslinger, Birchfield, Erbach,
Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Moved by Ward, seconded by Seitz, to adopt the recommendation
of Finance and Insurance Committee to place Ordinance M-49-80
on First Reading this evening, and when all requirements
have been met, to place the ordinance on second reading.
Motion declared carried.
1
10/20/80
Page Two
9.
OAKTON ST. Moved by Koplos, seconded by Ward, to adopt the recommenda-
RETENTION tion of Water and Sewer Committee that City Council ratify
BASIN PUMP previous action taken by the Mayor on June 13, 1980,
REPAIRS and authorize a payment for the necessary pump repairs at
the Oakton Street Retention Basin location, of W. Wanzenberg
& Co, in the amount of $2,092.40, waiving the usual bid
procedures. Upon roll call, the vote was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone,
Prellberg, Kisslinger, Birchfield, Erbach,
Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
1980 WATER MAIN Moved by Koplos, seconded by Meyer, to adopt the recommenda-
IMPROVEMENTS tion of Water and Sewer Committee that the City extend the
CONTRACT contract awarded to Northwest Sewer of Des Plaines on
EXTENSION June 16, 1980, for the project identified as the Water Main
CHANGE ORDER Improvements Project, Contract No. I, to include additional
#4 construction work as specified in Change Order No. 4 of
the aforementioned project dated October 9, 1980, in
the amount of $6,800. Upon roll call, the vote was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone,
Prellberg, Kisslinger, Birchfield, Erbach,
Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
DES PLAINES Moved by Meyer, seconded by Koplos, to adopt the recommenda-
INDUSTRIAL & tion of Municipal Development Committee to approve Plat of
RESEARCH Des Plaines Industrial & Research Center Subdivision,
CENTER located at 175 W. Oakton Street. Motion declared carried.
SUBDIVISION
POLICE BLDG. Moved by Erbach, seconded by Ensign, to adopt the recommenda-
MAINTENANCE tion of Building and Grounds Committee to award the contract
for Police Building Maintenance of first floor and stairwells
to the low bidder, Action Building Maintenance Corporation
in the amount of $490 for initial cleaning plus $238 per
week - Mayor and City Clerk to sign contract - term one
year from date of signature. Upon roll call, the vote was:
AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone,
Prellberg, Kisslinger, Birchfield, Erbach,
Tomaszewski, Sarlo, Meyer, Seitz, Ward
NAYS: 1 - Egan
ABSENT: 0 - None
Motion declared carried.
RAFFLE
ROTARY CLUB
Moved by Kisslinger, seconded by Prellberg, to adopt a
resolution approving the Rotary Club raffle for an automobile
to be held in November, 1980, until legislation is passed
by the City Council. Motion declared carried.
CATV Moved by Kisslinger, seconded by Dwiel, to adopt the
Franchise recommendation of License and Inspection Committee
that the City of Des Plaines advise the Northwest Municipal
Conference that the City is in favor of the 21 member
conference selecting a single company the serve the
region with a CATV franchise agreement, if all other
municipalities agree. Motion declared carried.
TREES Moved by Birchfield, seconded by Dwiel, to adopt the recom-
Fall planting mendation of Beautification and Forestry Committee to award
the contract for purchase of trees for fall planting to
the low bidder, Charles Klehm & Sons, in the amount of
$3,290.00. Upon roll call, the vote was:
AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone,
Prellberg, Kisslinger, Birchfield, Erbach,
Tomaszewski, Sarlo, Meyer, Seitz, Ward
NAYS: 1 - Egan"'f?
if
ABSENT: 0 - None 7-(
Motion declared carried.
RAFFLE
ANGELO GUSA
MEMORIAL FUND
10/20/80
Page Three
Moved by Erbach, seconded by Tomaszewski, to adopt a
resolution approving the raffle to be held for the
Angelo Gusa Memorial Fund to cover hospital expenses.
Motion declared carried.
10.
RAFFLE Moved by Koplos, seconded by Kolinski, to adopt a resolution
ST. JOHN'S approving the Raffle to be held by the St. John's Greek
GREEK Orthodox Church "Friends of the Poor". Motion declared
ORTHODOX CHURCH carried.
1 ORDINANCE
1
1
T-15-80
Busse Hwy.
Parking
ORDINANCE
M-45-80
Condominiums
ORDINANCE
M-46-80
Industrial
Development
Revenue Bonds
TRAIN
STATIONS
RESOLUTION
R-33-80
Filing Fees
Zoning
ORDINANCE
Z-24-80
Zoning
Variation
2860 Des
Plaines Ave.
Moved by Koplos, seconded by Kolinski, to pass Ordinance
T-15-80, AN ORDINANCE AMENDING SECTION 10-5-4, SCHEDULE I,
OF CHAPTER 5, TITLE X OF THE DES PLAINES CITY CODE,
PERTAINING TO PROHIBITED PARKING. Upon roll call, the vote
was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone,
Prellberg, Kisslinger, Birchfield, Erbach,
Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Moved by Erbach, seconded by Meyer, to pass Ordinance
M-45-80, AN ORDINANCE._ AMENDING SECTION 9-21-2 (G) OF TITLE
IX, CHAPTER 21, OF THE DES PLAINES CITY CODE, HAVING TO DO
WITH CONDOMINIUMS AND CONDOMINIUM CONVERSIONS, ADDING
RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL PROJECTS.
Upon roll call, the vote was:
AYES: - 16 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone,
Prellberg, Kisslinger, Birchfield, Erbach,
Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Moved by Koplos, seconded by Seitz, to pass Ordinance M-46-80
AN ORDINANCE AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT
REVENUE BONDS (HART SCHAFFNER & MARX). Upon roll call,
the vote was:
AYES: - 15 - Koplos, Kolinski, Dwiel, Kehe, Ensign, Whetstone,
Prellberg, Kisslinger, Birchfield, Erbach,
Tomaszewski, Sarlo, Meyer, Seitz, Ward
NAYS: 1 - Egan
ABSENT: 0 - None
Motion declared carried.
During Questioning of Department Heads, discussion was held
relative to the City's painting of the train stations -
Chicago & Northwestern - by City crews. No action taken
Moved by Ensign, seconded by Erbach, to adopt Resolution
R-33-80, A RESOLUTION AMENDING THE ESTABLISHED FILING FEES
FOR PROCEEDINGS BEFORE THE ZONING BOARD OF APPEALS OF THE
CITY OF DES PLAINES, PURSUANT TO SECTION 12.7.1 OF THE
ZONING ORDINANCE. Moved by Kolinski, seconded by Dwiel,
to amend the resolution, reducing the fee for Appeal from
$150.00 to $75.00. Motion to amend declared carried.
Alderman Erbach voted No. Motion to adopt Resolution
R-33-80, as amended declared carried.
Moved by Koplos, seconded by Tomaszewski, to waive First
Reading and place on passage Ordinance Z-24-80, AN ORDINANCE
GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY
OF DES PLAINES, ILLINOIS, CASE NO. 80-42-V (2860 Des
Plaines Avenue). Motion declared carried. Moved by Koplos,
seconded by Tomaszewski, to pass Ordinance Z-24-80.
Upon roll call, the vote was:
AYES: - 16 - Koplos, Kolinski, Dwiel., Kehe, Ensign, Whetstone
Prellberg, Kisslinger, Birchfield, Erbach,
Tomaszewski, Sarlo, Meyer, Seitz, Ward, Egan
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
dyv
11.
10/20/80
Page Four
ORDINANCE Placed on First Reading was Ordinance Z-25-80, AN ORDINANCE
Z-25-80 GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY
609 Forest OF DES PLAINES, ILLINOIS, CASE NO. 79071-V (609 Forest Edge
Edge Lane Lane).
ORDINANCE Placed on First Reading was Ordinance M-47-80, AN ORDINANCE
M-47-80 INCREASING CLASS H. BEER AND WINE ONLY LICENSES BY ONE (1)
,(,Frankies II) THEREBY AMENDING SECTION 5-34-16 OF THE DES PLAINES CITY
CODE.
ORDINANCE Introduced on First Reading was Ordinance M-48-80, AN
M-48-80 ORDINANCE, CREATING THE OFFICE OF CITY MANAGER AND PROVIDING
Creating POWERS AND DUTIES THEREOF. Moved by Dwiel, seconded by
Office of Prellberg, to strike from First Reading, Ordinance M-48-80
City Manager from the agenda, and authorize the Mayor to place the
issue of City Manager in committee, following normal
procedures. The Mayor relinquished the chair to debate
the issue. Alderman Koplos assumed the chair at this
time. The Mayor's statement, requested to be part of the
record, is as follows:
"Members of City Council:
I feel that is only fair that I reflect to you the Chronological Sequence
of events of the past ten days regarding the introduction of the First
Reading of Ordinance M-48-80, creating the Office of City Manager.
I was advised by phone Saturday A. M., October 11, 1980, by City Attorney
Smith, that Alderman Meyer had contacted him and requested that he draw
up the ordinance, as he, Alderman Meyer, had spoken to several other
Aldermen and they were in agreement with the request. I immediately
advised Mr. Smith that this was an issue that had been decided by the
electorate and soundly defeated and under no circumstances was he
to prepare the ordinance.
On Thursday, October 16, 1980, I was contacted by Alderman Meyer and
we spoke of the matter. I had Mr. Smith contact him later and Mr. Smith
subsequently prepared the ordinance that you received tonight.
Throughout the past 25 years, this question has been answered by the
electorate, and soundly defeated. On at least one occasion, a mayoral
candidate promised to turn the reins of the City over to a manager and
was soundly defeated. The most recent vote (April 1979) reflected that
over 1/2 of the voters said No on the City Manager issue. This should
indicate how the voters of Des Plaines feel. I do not believe that their
thoughts have chanted in any way regarding this issue.
With regard to Ordinance M-48-80, I have the following comments and
questions:
1. Why the big rush?
2. Why was action not instituted by a member of the City Council tonight,
the matter would be assigned to a Committee, proper study (including
public meetings) would be made and recommendations would come from the
Committee, and ordinance preparation, according to their motion would
be prepared for first reading.
By not following mat the Council has said is the policy, I feel the
voters are being disenfranchised and the will of the electorate is
not being followed.
I feel that public input on this most important matter is very important
and they should not be denied to this very basic right guaranteed to them
by the Constitution of the United States."
Ald. Meyer responded that he inquired of the Attorney last Thursday if
there were laws or rules prohibiting an alderman from introducing legislation
at any regular convened meeting to which Mr. Smith,. Attorney, told him
that insofar as he was able to determine, there were no laws or rules
prohibiting this. Ald. Meyer explained that the ordinance was not in
the agenda packets due to the fact that it was not prepared according to
the direction of the Mayor to the Attorney, and it was delivered to
his home on Sunday evening, Oct. 19th, previous to today. He further
explained his position that he believes the City needs a trained
/01(/
10/20/80
Page Five
12.
individual who will have the trained expertize to manage the affairs
of the City. Ald. Meyer further expressed concern that the Mayor had
alluded that he had held a secret meeting, which he said was not true.
In a letter Ald. Meyer received from the City Attorney he stated that
he would not draft an ordinance until such time as it has gone through
the appropriate committee. He said that since an ordinance was not
forthcoming from the City Attorney, he found it necessary to prepare
his own ordinance for introduction this evening. He further stated he
received a phone call from the Attorney's secretary that the City Attorney
would prepare an ordinance and give it to him on Sunday afternoon.
He further explained the urgency of placing the ordinance before the
City Council at this meeting as the City Council will be meeting tommorrow
evening having to do with salaries of elected officials. He further
stated that the situation has changed since the vote on an advisory
referendum in 1979 and if the City will be facing an appropriation of
$55,000 for salary of Mayor, as requested by the Mayor, for the next
four years, he believes the City should be seriously considering hiring
a City Manager trained in the day to day operations of the City.
Alderman Dwiel and Alderman Kolinski expressed concern that the
ordinance is being introduced without proper public hearing before
a committee.
Upon roll call, on the vote to strike Ordinance M-48-80, as prepared by
the City Attorney from the agenda, the vote was:
AYES: - 6 - Kolinski, Dwiel, Kehe, Whetstone, Prellberg, Egan
NAYS: 10 - Koplos, Ensign, Kisslinger, Birchfield, Erbach, Tomaszewski,
Sarlo, Meyer, Seitz, Ward
ABSENT: 0 - None
Motion declared lost.
Moved by Meyer, seconded by Sarlo, to place on First Reading Ordinance
drafted by Alderman Meyer, to be known as Ordinance M-50-80, AN
ORDINANCE CREATING THE OFFICE OF CITY MANAGER AND PROVIDING POWERS AND
DUTIES THEREOF. Upon roll call, the vote was:
AYES: - 10 - Koplos, Ensign, Kisslinger, Birchfield, Erbach, Tomaszewski,
Sarlo, Meyer, Seitz, Ward
NAYS: 6 - Kolinski, Dwiel, Kehe, Whetstone, Prellberg, Egan
ABSENT: 0 - None
Motion declared carried.
Committee as a whole meeting called for Monday, October 27, 1980, at 8 P.M.
to discuss Ordinance M-50-80.
MANDAS
RESUBDIVISION
APPOINTMENT
WATER RATE
INCREASE
PARKING
Ellinwood St.
ORDINANCE
M-49-80
Industrial
Development
Revenue Bonds
ADJOURNMENT:
Plat of Mandas Resubdivision located at 1419 Lincoln
and 1414 Oakton Street was referred to Municipal Development
Committee.
Moved by Seitz, seconded by Erbach, to concur with Mayor's
appointment of Mr. Chunsei Lee Farren to fill the vacancy
created by Mr. Ron Piotrowski's resignation, to the
Architectural Commission, term to expire August 5, 1984.
Motion declared carried.
City Comptroller's letter regarding proposed Water Rate
Increase was referred to Finance and Insurance and Water
and Sewer Committees.
Letter containing signatures of the Thursday Morning
Ladies League relative to parking was referred to Streets
and Traffic Committee.
Placed on First Reading was Ordinance M-49-80, AN ORDINANCE
AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS
(R & A Distributing Corporation).
Moved by Kehe, seconded by Ensign, that the regular meeting
of the City Council adjourn. Motion declared carried.
Meeting adjourned a -0:08 P.M.
APPROVED BY ME THIS
DAY
a¢.y
Bertha Eleanor Rohhbach, City Clerk
, 1980.
�` HERBERT H. VOLBERDING, SR., MAYOR