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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