04069217 5.
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, APRIL 6 1 1992
CALL TO ORDER: The regular meeting of the City Council of the City of
Des Plaines, Illinois, was called to order by Mayor D.
Michael Albrecht at 8:10 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, April 6, 1992.
ROLL CALL: Roll call indicated the following aldermen present:
Childers, Christiansen, Healy, Schneck, Sarlo,
Chiropolos, Haupt. Alderman Hardiman was absent.
Also present were: city Treasurer Fredricks, City Manager Asaro, City
Comptroller Peters, Commissioner of Public Works Matula, Fire Chief
Clark, Police Chief Storm, Community Development Director Pagones, City
Engineer Oakley, and City Attorney Kolman.
PRAYER AND
PLEDGE:
MINUTES:
PUBLIC
COMMENT:
BILLS
PAYABLE:
ABATEMENT OF
TAX LEVY:
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Moved by Chiropolos, seconded by Healy, to approve
minutes of regular meeting of the City Council held March
16, 1992, as published. Motion declared carried.
Moved by Healy, seconded by Sarlo, to approve minutes of
executive session of the City Council held March 16,
1992. Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, to suspend the
rules and allow public comment by Jackie Somerville,
Chairman, Citizens for Responsible Government, regarding
City affairs. Motion declared carried.
Public comment began at 8:12 p.m. and concluded at 8:34
p.m. (copy of report attached as part of the official
record).
Moved by Schneck, seconded by Sarlo, 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:
$1,865,936.19. Upon roll call, the vote was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Schneck, seconded by Sarlo, to adopt
recommendation of Finance Committee that City abate 1991
Tax Levy for General Obligation Corporate Purpose Bonds,
Series 1990, in the amount of $220,000, and Ordinance M-
9-92 be adopted at appropriate time this evening; and
City abate 1991 Tax Levy for 1991 General Obligation
Corporate Purpose Bonds, in the amount of $431,915, and
Ordinance M-10-92 be adopted at appropriate time this
evening. Upon roll the vote was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
ABATEMENT
(Cont'd)
COMP. AFFORD.
HOUSING
STRATEGY:
INSURANCE
ADVERTISING
FOR BIDS/LOG
GRINDER:
CUSTODIAL
SERVICES:
POLICY FOR
EQUIPMENT
RENTAL:
MULTI-FAMILY
RECYCLING
PROGRAM:
176.
4/6/92
PAGE TWO
Moved by Schneck, seconded by Sarlo, to adopt
recommendation of Finance Committee that City abate 1991
Tax Levy in the amount of $324,298, and Ordinance M-11-92
be adopted at appropriate time this evening. Upon roll
call, the vote was:
AYES: 6-Childers, Christiansen, Schneck, Sarlo,
Chiropolos, Haupt
NAYS: 1-Healy
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Schneck, seconded by Sarlo, to adopt
recommendation of Finance Committee that the City approve
the final draft of the Comprehensive Housing
Affordability Strategy ("CHAS"); Mayor be authorized to
submit this information to HUD; and Resolution R-14-92
be adopted at appropriate time this evening. Motion
declared carried.
Moved by Schneck, seconded by Sarlo, to adopt
recommendation of Finance Committee not to accept
proposal from City's current insurance brokers for
Property and Boiler/Machinery coverages; request 60-day
extension of coverage from current carriers (cost to be
determined); and Administration prepare bid
specifications and report back to committee. Upon roll
call, the vote was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Childers, seconded by Sarlo, to adopt
recommendation of the Public Works Committee that the
City Clerk be authorized to advertise for bids for rental
of Log Grinding Machine, returnable by 3: 00 p.m. on
Thursday, April 30, 1992. Motion declared carried.
Moved by Childers, seconded by Sarlo, to adopt
recommendation of Public Works Committee that the City
no longer pursue the matter of contracting for outside
custodial services; the following guidelines be
implemented:
1. Work sheets for all five custodial employees be kept
on file and available for review;
2. Overtime assignments be more equitably distributed;
3. Discontinue immediately relative supervising
relative;
4. Police Building custodial employee's time card be
kept with all other custodial employees' time cards; and
follow up on these guidelines be brought back to the
committee. Motion declared carried.
Moved by Childers, seconded by Sarlo, to adopt
recommendation of Public Works Committee that City
Manager and Commissioner of Public Works prepare written
recommended policy for emergency equipment rental and
report back to committee. Motion declared carried.
Moved by Childers, seconded by Sarlo, to adopt
recommendation of Public Works Committee that City
Attorney be authorized to prepare ordinance from one
drafted by Ann Tennes, Coordinator -Keep Des Plaines
Beautiful, Inc., stipulating that mandatory recycling be
implemented in multi-family housing no later than March
1, 1995 (expiration of City's present waste/recycling
contract), and ordinance be presented to the committee
by the beginning of May, 1992. Motion declared carried.
ADVERTISING
FOR BIDS/
SEWER REPAIR:
REPAIR OF
AIR COND./
CIVIC CENTER:
CHANGE ORDER/
OAKWOOD AVE.
STORM SEWER:
9-1-1
TELEPHONE
SYSTEM:
9-1-1
COMMUNICA.
CONSOLES:
9-1-1
DISPATCH
SYSTEM:
177.
4/6/92
PAGE THREE
Moved by Childers, seconded by Sarlo, to adopt
recommendation of Public Works Committee that the City
Clerk be authorized to advertise for bids for repair of
sewer at Pearson and Miner streets, returnable by 3:00
p.m. on Thursday, April 30, 1992. Motion declared
carried.
Moved by Childers, seconded by Sarlo, to adopt
recommendation of Public Works Committee to award
contract for repair of air conditioner in the Civic
Center to the lowest bidder, Dial One Aleyden Heating &
Air Conditioning, 1580 Cora Street, Des Plaines, IL
60018, in the amount of $8,739. Upon roll call, the vote
was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Chiropolos, seconded by Christiansen, to adopt
recommendation of Engineering Committee to approve Change
Order #2 to contract with Joel Kennedy Construction
Corporation, 83 Ambrogio, Unit J, Gurnee, IL 60031 (for
construction of Oakwood Avenue Storm sewer), to extend
112.5 lin. ft. of steel plate beam guardrail, in the
amount of $3,773/1988 Sewer Bond Funds. Upon roll call,
the vote was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Chiropolos, seconded by Haupt, to adopt
recommendation of Public Safety Committee to award
contract for 9-1-1 Controller & Communication Center
Telephone System to the lowest bidder, Motorola
Communications & Electronics, Inc., 50 E. Commerce Drive,
Suite T, Schaumburg, IL 60173, in the amount of
$216,656/9-1-1 Surcharge Funds. Upon roll call, the vote
was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Chiropolos, seconded by Haupt, to adopt
recommendation of Public Safety Committee to award
contract for 9-1-1 PSAP Communication Consoles to the
lowest bidder to meet the specifications, Motorola
Communications & Electronics, Inc., 50 E. Commerce Drive,
Suite T, Schaumburg, IL 60173, in the amount of
$340, 650/9-1-1 Surcharge Funds. Upon roll call, the vote
was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Chiropolos, seconded by Haupt, to adopt
recommendation of Public Safety Committee to award
contract for 9-1-1 Computer-Aided Dispatch System to the
lowest bidder, E.A.I. Systems, Inc., 10300 49th Street
North, Clearwater, FL 34622, in the amount of $647,816/9-
1-1 Surcharge Funds. Upon roll call, the vote was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
9-1-1
CAPITAL EQP.
FUNDING:
DOOR SYSTEM/
FIRE STATION
ill_
ORDINANCE
M-4-92
COMPENSATION
PLAN:
ORDINANCE
M-7-92
LIQ. LIC./
1065 OAKTON:
ORDINANCE
M-8-92
SALE OF CITY
PROPERTY:
ORDINANCE
T-6-92
PARK. RESTR./
BENNETT PL.:
178.
4/6/92
PAGE FOUR
Moved by Chiropolos, seconded by Haupt, that
Administration be directed to prepare the necessary
analysis for financing of acquisition of 9-1-1 equipment
(current estimated costs are $1,430,000 to $1,650,000);
Administration to research most effective means of
financing purchases including municipal leasing, inter-
fund borrowing and other funding mechanisms; and final
recommendations be brought back to the Public Safety
Committee. Motion declared carried.
Moved by Chiropolos, seconded by Haupt, to adopt
recommendation of Public Safety Cammi ttee to accept
proposal from Markus Industries, 9119 N. Western Avenue,
Des Plaines, IL 60016, to install a synchronized room
ventilation/overhead door opener system at Fire Station
#2 in the amount of $11,466, and usual bid procedures be
waived (Markus Industries installed the same system in
Fire Stations #1 & #3 during 1991). Upon roll call, the
vote was:
AYES: 6-Childers, Christiansen, Schneck, Sarlo,
Chiropolos, Haupt
NAYS: 1-Healy
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Sarlo, seconded by Childers, to adopt Ordinance
M-4-92 (as amended) , AN ORDINANCE AMENDING TITLE I,
CHAPTER 15, SECTION 1-15-8(B) ("OVERTIME WORK, STANDBY,
COMPENSATION AND MINIMUM TIME FOR EMERGENCY CALLS") OF
THE CITY CODE OF DES PLAINES. Upon roll call, the vote
was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Healy, seconded by Childers, to adopt Ordinance
M-7-92, AN ORDINANCE AMENDING SECTION 5-34-19 "LICENSE
LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO UPDATE
THE NUMBER OF LICENSES ISSUED. Upon roll call, the vote
was:
AYES: 6-Childers, Christiansen, Healy, Schneck,
Chiropolos, Haupt
NAYS: 1-Sarlo
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Schneck, seconded by Haupt, to adopt Ordinance
M-8-92, AN ORDINANCE AUTHORIZING THE SALE THROUGH THE
SERVICES OF A PHOTO EQUIPMENT BROKER OF PERSONAL PROPERTY
OWNED BY THE CITY OF DES PLAINES. Upon roll call, the
vote was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Schneck, seconded by Haupt, to adopt Ordinance
T-6-92, AN ORDINANCE AMENDING SECTION 10-5-5(E) (1),
SCHEDULE II, OF THE CITY CODE OF DES PLAINES TO ADD
"BENNETT PLACE, 1800 BLOCK FROM ALLEY WEST OF RIVER ROAD
TO LOCUST STREET, NORTH SIDE OF STREET." Upon roll call,.
the vote was: ·
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
COMMITTEE
REFERALS:
ORDINANCE
B-1-92
UPDATE-
PL UMBING
CODE:
ORDINANCE
M-9-92
ABATEMENT
1990 BONDS:
ORDINANCE
M-10-92
ABATEMENT
1991 BONDS:
ORDINANCE
M-11-92
ABATEMENT
1991 TAX
LEVY:
ORDINANCE
T-7-92
PARK. RESTR./
FIFTH AVE.:
179.
4/6/92
PAGE FIVE
At the request of Alderman Sarlo, Mayor Albrecht referred
the matters of review R-18-89 re Freedom of Information
Act, performance -City Attorney, performance -Corporate
Counsel; and definition -"May" and "Shall" to the
License & Judicial Committee; and the matter of a
purchasing policy to the Finance Committee.
Moved by Christiansen, seconded by Schneck, to waive
First Reading and place on passage Ordinance B-1-92.
Motion declared carried.
Moved by Christiansen, seconded by Childers, to adopt
Ordinance B-1-92, AN ORDINANCE AMENDING ARTICLE XXXVI
{"SANITATION AND PLUMBING REQUIREMENTS") SECTION 36.3-
1 (b) ("INTRODUCTORY PLUMBING REGULATIONS -CONFORMANCE")
OF THE CITY OF DES PLAINES BUILDING CODE AND ORDINANCE.
Upon roll call, the vote was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Schneck, seconded by Healy, to waive First
Reading and place on passage Ordinance M-9-92. Motion
declared carried.
Moved by Schneck, seconded by Healy, to adopt Ordinance
M-9-92, ABATEMENT OF 1991 TAX LEVY FOR GENERAL OBLIGATION
CORPORATE PURPOSE BONDS, SERIES 1990. Upon roll call,
the vote was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Schneck, seconded by Healy, to waive First
Reading and place on passage Ordinance M-10-92. Motion
declared carried.
Moved by Schneck, seconded by Healy, to adopt Ordinance
M-10-92, ABATEMENT OF 1991 TAX LEVY FOR 1991 GENERAL
OBLIGATION CORPORATE PURPOSE BONDS. Upon roll call, the
vote was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Schneck, seconded by Sarlo, to waive First
Reading and place on passage Ordinance M-11-92. Motion
declared carried. Alderman Healy voted no.
Moved by Schneck, seconded by Sarlo, to adopt Ordinance
M-11-92, ABATEMENT OF 1991 TAX LEVY. Upon roll call, the
vote was:
AYES: 6-Childers, Christiansen, Schneck, Sarlo,
Chiropolos, Haupt
NAYS: 1-Healy
ABSENT: 1-Hardiman
Motion declared carried.
Placed on First Reading was Ordinance T-7-92, AN
ORDINANCE AMENDING SECTION 10-5-17, SCHEDULE I, OF THE
CITY CODE OF DES PLAINES TO DELETE "FIFTH AVENUE, FROM
FOREST AVENUE TO ALGONQUIN ROAD, EAST SIDE OF STREET,"
AND TO ADD "FIFTH AVENUE, FROM FOREST AVENUE TO ALGONQUIN
ROAD, WEST SIDE OF STREET."
ORDINANCE
Z-2-92
TEXT AMEND./
DAY-CHILD
CARE:
RESOLUTION
R-14-92
"CHAS":
RESOLUTION
R-15-92
SPEC. USE/
680 WOLF:
RESOLUTION
R-16-92
NON-BINDING
REFERENDUMS:
T. BEAR
SUBDIVISION/
2208 ELMIRA:
ADVERTISING
FOR BIDS:
EXECUTIVE
SESSION:
180.
4/6/92
PAGE SIX
Placed on First Reading was Ordinance Z-2-92, AN
ORDINANCE AMENDING ARTICLE 7, SECTION 7. 1. 2. 10,
("INSTITUTIONAL DISTRICT REGULATIONS") OF THE CITY OF DES
PLAINES ZONING ORDINANCE (CASE NO. 92-6-A).
Moved by Sarlo, seconded by Childers, to adopt Resolution
R-14-92, A RESOLUTION APPROVING THE CITY OF DES PLAINES'
COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY ("CHAS").
Motion declared carried
Moved by Sarlo, seconded by Chiropolos, to adopt
Resolution R-15-92, A RESOLUTION GRANTING A TWELVE (12)
MONTH EXTENSION OF THE SPECIAL USE PERMIT GRANTED TO
PHILLIPS 66 COMPANY FOR PROPERTY COMMONLY KNOWN AS 680
WOLF ROAD. Motion declared carried.
Moved by Healy, seconded by Sarlo, to adopt Resolution
R-16-92, A RESOLUTION ACKNOWLEDGING THE RESULTS OF THE
THREE NON-BINDING REFERENDUMS THAT APPEARED ON THE MARCH
17, 1992 ELECTION BALLOT. Motion declared carried.
Letter from Des Plaines Plan Commission re T. Bear
Subdivision, 2208 Elmira Avenue (Jim Heller), was
referred to the Municipal Development Committee.
The City Clerk's office will be advertising for bids for:
1. 1992 Cargo Van, returnable by 3 p.m. on Thursday,
April 10, 1992.
2. One New rider Rotary Mower, One Trailer, One Heavy
Duty Mower, returnable by 3 p.m. on Thursday, April 10,
1992.
3. 1992 Pursuit Motorcycle, returnable by 3 p.m. on
Wednesday, April 15, 1992.
4. Mohawk Model P-6 Vehicle Lift, returnable by 3 p.m.
on Wednesday, April 15, 1992.
5. 1992 Leak Detection, returnable by 3 p.m. on
Thursday, April 16, 1992.
6. Lot Mowing, returnable by 3 p.m. on Thursday, April
23, 1992.
7. Heavy Duty Dump Truck, returnable by 3 p.m. on
Thursday, April 23, 1992.
8. Air Compressor, returnable by 3 p.m. on Thursday,
April 23, 1992.
9. Rental of Log Grinder, returnable by 3 p.m. on
Thursday, April 30, 1992.
10 . Sewer Repair-Pearson & Miner, returnable by 3 p.m.
on Thursday, April 30, 1992.
Moved by Healy, seconded by Schneck, to go into Executive
Session to discuss collective bargaining, land, and
personnel. Upon roll call, the vote was:
AYES: 5-Childers, Healy, Schneck, Sarlo, Chiropolos
NAYS: 2-Christiansen, Haupt
ABSENT: 1-Hardiman
Motion declared carried.
Council recessed at 9:30 p.m.
Council reconvened at 10:24 p.m.
Roll call indicated the
Childers, Christiansen,
Chiropolos, Haupt.
following
Healy,
aldermen present:
Schneck, Sarlo,
\
181.
4/6/92
PAGE SEVEN
ADJOURNMENT: Moved by Sarlo, seconded by Healy, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:25 p.m.
Donna McAllister, CMC/AAE CITY CLERK
APPROVED BY ME THIS A (
DAY OF @rkQ.., 1992
D .MiCh 1 Albrecht; MAY
.....
·J
. ~
. AS I TIIlNK MOST OF YOU KNOW, I AM CHAIRMAN OF cmZENS
FOR RESPONSIBLE GOVERNMENT. THE LAST TIME I SPOKE
BEFORE THIS COUNCIL WAS SEPTEMBER 3RD, THE NIGHT THE
$49,000 RAISE WAS APPROVED, ASKING THAT THIS QUESTION BE
PUT ON A REFERENDA AND AT THE SAME TIME EMPHASIZING
THAT THOSE ALDERMAN VOTING FOR THE RAISE WERE NOT
REFLECTING THE OPINION OF THEIR CONSlfl'UENTS.
IN LITTLE OVER ONE MONTH, THE REFERENDUM WAS ON THE
BALLOT WITH 1WO OTHER QUESTIONS. THE DEFINITIVE
ANSWERS ARE NOW IN. 74% OF THE VOTERS SAID YES TO PART-
TIME MAYOR AND 26% SAID NO. IN ADDITION THE QUESTION ON
LIMITING RAISES PASSED BY A 10-1 MARGIN AND THE QUESTION
ON COMPETITIVE BIDS PASSED BY AN INCREDIBLE 13 TO 1
MARGIN.
WHAT DOES ALL THIS MEAN? WE BELIEVE IT MEANS THE
VOTERS OF DES PLAINES ARE DISILLUSIONED WITII THE
PRESENT ADMINISTRATION AND DEEPER THAN THAT, THE
VOTERS OF DES PLAINES ARE PLEADING. DEMANDING. ANYWAY
YOU WANT TO PUT IT. THAT POLICIES CHANGE. YOU. AS THE
LEGISLATIVE BRANCH OF GOVERNMENT. HAVE BEEfJ GIVEN A
MANDATE TO ENACT CHANGES.
OUR GROUP HAS BEEN IN CONTACT WITH THE PEOPLE OF DES ·
PLAINES FOR THE LAST SEVEN MONTHS AND I FEEL WE KNOW
WHAT THEIR CONCERNS ARE AND THERE ARE QUITE A FEW.
No. 1
Purchasfna Ordinance
Quite a few months ago. a purchasing ordinance draft was presented to
you by Larry Asaro. In view of the compost hauling fiasco and the 13-1
vote to keep the requirement for competitive bids at $5,000, the
enactment of a purchasing ordinance is imperative. We are requesting
1
that passage of a thorough, responsible purchasing ordinance be
enancted.
No. 2.
Ethics Ordinance
We also feel that an ethics 'ordinance is critical and want Alderman
Haupt to know that he has the voters support to cany this out. We feel
one or two representatives ·or our group and one or two other citizens
should be named to serve on. a special ethics ordinance committee and
we will be discussing this further with Alderman Haupt.
No. 3
. Open Meetines
We are in the process of clarifying and obtaining legal opinions
interpreting the Open Meetings Act. On a preliminary basis. however,
it seems likely that Des Plaines is presently violating some portions of
the Act.
These are:
1. When votirig to hold a closed meeting the exception relied upon
must be publicly stated in the meeting. Further, the specific
exception must be recorded and entered in the minutes of the
meeting. It is my recollection that when a closed meeting has
taken place. the general rule has been cited. For example,
Personnel. Well. personnel matters are not exempt from being
an open· meeting. Only four specific exceptions within the
heading Personnel do, and the specific exception must be
stated. (paragraph 42A)
2. Paragraph 43 states "A public body emerging from a closed
meeting to take final action must disclose to the public the
substance of the action which is being taken. It is our opinion,
and we are working to substantiate this. that this rule was not
2
No. 4
follow~d after the council emerged fro~ the closed meeting in
which discipline concerning the compost hauling was discussed.
Freedom of Information
Many requests for information are simply ignored or put off. This
includes requests for information by aldermen. The city should bring
itself into total compliance with this law. This will also be an ongoing
effort by our group until all aspects of this law are complied With.
No. 5
Bu<fiet and Tax Levies
Thanks to the Tax Watch Group. many worrisome financici.l practices
have b~en brought to light. One is tlie practice of line item transfers
not only within departments between departments. It is my
understanding that the practice of transfers between departments
without approval by city council is prohibited by state law. It seems
fiscally irresponsible to take from an overbudgeted account and
transfer the money to an underbudgeted account without the council.
having the logical questions answered: Why is the_ account over
budget? Was· it preventable? Was it mismanagement? How much
should it be increased by? All this is now done before you know about
it. We want this the be corrected and are asking Alderman Schneck.
the Finance Committee chairman. to insure this is rectified. by
ordinance if necessary.
We also believe it is prudent to begin the budget process in October,.
and that some safeguard be put in place so that increased property
assessments are considered when proposing tax levy increases. In
other words. the taxes received by the City of Des Plaines through
property taxes increases automatically through increased county
property assessments. More money would be received eyen if Des
3
Plaines did not increase their tax levy by 1 cent. The people of Des
Plaines demand this be taken into consideration when considering tax
levies.
No. 6
Appointments and Actinf Heads
Another disconcerting practice is the policy of long-term "acting"
department heads or directors. This was a priority concern of the
present ~dministration iii the 1989 election .. Mayor Seitz was strongly
criticized for maintaining an acting department head rather than
putting an appointment up for council approval. However. the
practice is still going on.
The Deputy Dire.ctor of Building and Code Enforcement" has been an
Acting Director for over seven months--I don't have the exact date.
There has been more than enough. time to find and name a permanent
director. What other conclusion can one come to except that the
present acting director. Marty Moylan. does not have the desirable .
qualifications. If he is capable to handle the job for over 7 months. and
~s qualifed. why isn't his name put up for appointment?
Unfortunately, we feel an ordinance may be necessary to insure
qualified people are appointed in a timely fashion to important
positions. Possibilities are the council being brought up-to-date o_n a
bi-monthly or other timely schedule on the status of filling a position.
Another option, is the way the City of Chicago prevents extensive
terms of acting heads.
2-4-0 Io states:
Whenever a vacancy shall occur in any office which by law he is
empowered to fill, the mayor shalL within thirty days qft.er the
concurrent of such vacancy, communicate to the city council the name
of his appointee to such office.
4
We· are asking that the appropriate committee follow through with
wh~tever it takes to insure important positions do not function with
acting management for extensive periods of time.
No. 7
Leial Counsel
This is perhaps the touchiest subject on our agenda, but it must be
addressed. Public opiilion is highly skeptical about the legal advice
being received from the present city attorney and the legal advice and
employment of Burt Odelsen as Corporation Counsel.
It is felt that the value received from Ms. Kolman's performance is out
of proportion to the salary paid. One example is the compost hauling
hearings. The special committee should have received legal advise
. prior to the meetings and throughout on just what their authority was.
Instead. the council was caught by surprise and told (and I don't know
who told them) that they could only make recommendations to the
city manager and .could not give directives. This seems to be in direct
conflict with the 1-24-7 of the city manager ordinance which reads.
and please listen very carefully:
CHAIN OF COMMAND: A majority of the Council shall instruct the City
Manager to convey their policy and directives to the department heads
and others on the staff. Let me read .that again.
A majority of the Council shall instruct the City Manager to convey
their policy and directives to the department heads and others on the
staff.
5
It is clear that there is much confusion about duties~ powers, authority,
etc. If necessary, ordinances should be made clearer. But first I
think an explanation is forthcoming relating to the section of the city
manager ordinance I just read.
Secondly, the voters of Des Plaines have voiced a lot of anger to me
over the hiring and performance of Burt Odelson as Corporation
Counsel. We feel a definite conflict of interest is present.
1. Mr. Odelsen and Mr. Neis, who also receives a substantial
amount of legal business from the city, were listed as "Legal
Staff' on official literature. from Citizens for Mike Albrecht. He
was the lone legal authority who maintained that under Strong
Mayor Form of Government the mayor would not be able to
appoint or remove department heads without council. approval.
This was contrary to all other legal opinions includiilg the
Attorney General of illinois. government law professors at De
Paul, University of Chicago. and Northwestern University, the
Maine West Government Text Book. and an educational program
that appears on Channel 20 which emphasizes -this important
aspect of Strong Mayor Form of Government.
2. · After the Mayor's election in 1989, ·Mr. Odelson was appointed
as Corpo_ration Counsel. replacing Patrtck Lucansky, who had an
unblemished record with the city. After he became Corporation
Counsel. the city manager ordinance was immediately
scrutinized by him and many changes proposed. These were
changes that Mr. Lucansky said were not necessary, and at that
time I spoke before this council with definitions and precedents
from Black's Law Dictio~ary to show that one change in
particular was not in violation of state law.
3. Additionally, Mr. Odelson is continually involved in disputes·
between the mayor and city council and his opinions are
consistently in support of the Mayor's actions, and legal opinions
to the contrary are ignored.
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· 4. At a recent meeting of the License and Judicial committee, Mr.
Odelson appeared in response to a chastising letter he wrot~ to
the council over his bills. This was an improper exercise of the
relationship between corporation counsel and his employer.
Also at that meeting, ~· Odelson was questioned about his
contributions to the Mayor's campaign organization. He said he
contributes to anyone who asks him and is not selective. My
phone calls to Mr. Odelson have been ignored as was my letter to
him requesting a contribution to Citizens for Responsible
Government.
5. I want to bring up once again the changing of the word "may' to
"shall" in a section of the City Manager Ordinance. You will
remember that Odelson told alderman that a provision in the
city law that says the manager "shall" make recommendations for
appointments to the Mayor means that. the Mayor must appoint
the person the manager recommended. And because of that. he
said. the ordinance should be changed.
·"Now it's worded that .the Mayor has to pick from the manager's
recommendation," said Odelson. "That violates state law." A few
minutes later, Mayor Albrecht said, "The manager should
confonn to state statute." Mr. Odelson maintain that changing
the word "shall" to "may" would accomplish this.
Now, this is very interesting, because in the first place, I don't
believe and, neither did Mr. Lucansky, that the Mayor was
obligated to pick from the manager's recommendation as the
ordinance was written. However, something even more
interesting has emerged in the last two weeks. I had heard over
and over on 1V and radio that Mayor Daley would be choosing
the Superintendent of Police from the recommendations of the
·Police Board. Further, if he did not choose from their
recommendations, the Police Board would then make different
recommendations. The point is, the mayor must choose from
their recommendations even though he is the person required
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by state statute to make the appointm~nt. This is in direct
conflict with Mr. Odelson's argument for changing our
ordinance. We called the City of Chicago and requested copies of
their ordinance pertaining to appointments and found out the
following. We were also told that their ordinance was in.keeping
with state statute.
Here is what their ordinances say:
2-4-010 Appointment powers and duties. ·
The mayor shall appoint, by and with the ad.vice and consent of
the city council, all o.fficers of the city whose appointment is not
otherwise provided by the laws of this state or the provisions of
this code.
1-84-040 Superintendent of police -Appointment as chief
administrative authority
The superintendent of police shall be the chief executive officer ·
of the police department. He shall be appointed by the mayor
upon recommendation of the police board and with the advice
and consent of the city council and shall serve at the pleasure of
the mayor ..
In other word.s, the City of Chicago follows an appointment
procedure for the superintendent of police, that our
corporations counsel maintains is illegal. If Mayor Daley could
have the power to choose who he wanted, I think he would jump
on it if this were in fact illegal.
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6. Our fmal complaint about continuing to retain Mr. Odelson as
corporation counsel is the fact that Mr. Odelson is alleged by the
chairman of the finance corilmittee to have been the first to
make the suggestion to increase the salary of the Mayor. Why
would corporation counsel not only be involved. but be the
initiator in making the mayor's position full-time and asking for
a $49,000 increase?
Newspaper Account
According to Schneck, the city's corporation counsel. Burt
Odelson, an appointee of Albrecht's first made the suggestion
approximately three weeks ago during a private meeting that
originally was called to map out a plan to increase t~ salaries of
aldermen.
"Odelson suggested we ad.dress the salary of Mayor, said
Schneck. Od.elson, added Schneck, brought up the figure of
$40,000 per year and by adding 4%for each of the last 10 years,
a pay figure of $59,000 was arrived at. After further discussion,
a suggested annual sal.ary of $53,000 for Mayor was agreed upon
with another $2,500 to pay for the Mayor's . Liquor Commissioner
duties.
The article goes on to say that Odelson denies suggesting to
Schneck that the Mayor's pay be increased saying he discussed
all elected officials salaries at the gathering. My question again
is. why would corporation counsel. who I assume would have to
be pai_d for his time, be needed to discuss salaries of elected
officials in the first place
In conclusion It is our firm belief, and we believe the majority of the
voters in Des Plaines. that Mr. Odelson should be relieved of his
position as corporation counsel as soon as possible. ·
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• t
Thank you for listening to what I have said this evening, but I am
asking for more than that. I am ~king for response and action to each
of these items. The people are also asking for it, and we deserve _it.
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