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090691CALL TO ORDER: ROLL CALL: 106. MINUTES OF SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, HELD IN ROOM 101, DES PLAINES CIVIC CENTER, FRIDAY, SEPTEMBER 6, 1991 The special meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor D. Michael Albrecht at 7:36 p.m. in Room 101, Des Plaines Civic Center on Friday, September 6, 1991. Roll call indicated the following aldermen present: Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. Also present were City Manager Asaro, City Attorney Kolman, and Corporate Attorney Odelson. SUSPEND THE RULES: Moved by Sarlo, seconded by Chiropolos, to suspend the rules and permit the meeting to be moved to the Eleanor Rohrbach Memorial Council Chambers. Motion declared carried. Council recessed at 7:37 p.m. Council reconvened at 7:38 p.m. Roll call indicated the following aldermen present: Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo, Chiropolos, Haupt. Mayor Albrecht announced that this special meeting was called (by Alder- men Childers, Chiropolos, Sarlo and Haupt) to discuss an illegal vote in violation of City Code. . 6\?A"\,~ ·1v(.,> rvn Alderman Sarlo stated that he and Aldermen Chil~ Chiropolos, and Haupt are objecting to the vote taken on Ma:n:da:y, September 3, 1991 regarding Ordinance M-41-91 -Duties of the Mayor. Alderman Sarlo stated that the waiving of First Reading without a two-thirds (2/3) vote was in violation of Section 1-6-11 of the City Code. He also stated that there was no public hearing on the matter. Attorney Odelson ruled that the vote was valid under the second part of Section 1-6-12, and there was public discussion on the matter at the Finance Committee meeting on August 19, 1991 and then reported out to the Council later in the evening. Alderman Sarlo questioned the validity of that ruling and stated that he and Aldermen Childers, Chiropolos, and Haupt were prepared to take this matter to the Attorney General's Office. Alderman Chiropolos questioned the rush to pass this ordinance. Why couldn't it wait for another two weeks to give the residents more time to express their opinion to their aldermen? Mayor Albrecht stated that all rules and ordinances of the City Council for waiving of First Reading were followed. Attorney Kolman was asked for her ruling on the matter and she stated that there are two provisions for waiving of First Reading and they are covered in Section 1-6-12 of the City Code. Her ruling that the vote is legal is based on the second provision of that section. SUSPEND THE RULES: Moved by Childers, seconded .by Haupt, to suspend the rules to allow the public to speak on the matter. Eleven (11) persons addressed the Council, both pro and con, for a period of twenty-five (25) minutes. RESCIND VOTE: PAGE TWO 107. 9/6/91 Alderman Haupt moved that since there was a consensus that the action taken at the City Council meeting on Tuesday, September 3, 1991 was in violation of Section 1-6-11 of the City Code, it was an illegal vote and it be rescinded. Attorney Kolman ruled that there was no consensus. Mayor Albrecht ruled the motion out of order based on Rule XXVI of Section 1-6-9 of the City Code. Mayor Albrecht stated that he felt the action taken by the City Counc il on Tuesday, September 3, 1991 was proper and that the position of Mayor should be full-time. He further stated that he is going to ask the City Attorney to research whether or not a referendum regarding this matter can be placed on the ballot that would force the City Council to adhere to the wishes of the voters. He feels strongly about this so that the City Council cannot change their minds at a future date. ADJOURNMENT: Moved by Schneck, seconded by Christiansen, that the special meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:45 p.m. ~---v=-onna~cAllister, CMC/AAE -CITY CLERK APPROVED BY ME THIS ....--; DAY OF~ , 1991