080392237.
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 3 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 8:09 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, August 3, 1992.
ROLL CALL: Roll call indicated the following aldermen present:
Healy, Schneck, Sarlo, Chiropolos, Haupt. Aldermen
Childers, Christiansen, and Hardiman were absent.
Also present were: Acting City Manager/Comptroller Peters,
Superintendent of Water & Sewer Zeimet, Deputy Fire Chief Albrecht,
Police Chief Storm, Community Development Director Pagones, Assistant
City Engineer Machut, Human Resources and Services Department Director
Panouses, Public Safety Communications Coordinator Ornberg, and Interim
City Attorney Delort. ·
PRAYER AND
PLEDGE:
MINUTES:
BILLS
PAYABLE:
§J!tl_
CLASSIFICA./
JUNO LIGHT.:
ECONOMIC
DEVELOPMENT
POLICY:
SALARY
ADJUSTMENTS:
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
Moved by Healy, seconded by Sarlo, to approve minutes of
regular meeting of the City Council held July 20, 1992,
as published. Correction: Page Three, Paragraph Three,
Line Five and Six, delete, "for a total of $8,484.99;"
and Page Four, Paragraph Three, Heading and Line Three,
should read, "Fire Stations #1 and #3." Following
corrections, motion declared carried.
Moved by Sarlo, seconded by Chiropolos, to approve
minutes of both Executive Sessions of the City Council
held July 20, 1992. Motion declared carried.
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:
$1,822,139.68. Upon roll call, the vote was:
AYES: 5-Healy, Schneck, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 3-Childers, Christiansen, Hardiman
Motion declared carried.
Moved by Schneck, seconded by Chiropolos, to adopt the
recommendation of Finance Committee that the City support
and consent to the granting of a Cook County Real Estate
Classification 6 (b) exemption to the Juno Corporation for
the building located at 1200 South Wolf Road, and
Resolution R-35-92 be adopted at appropriate time this
evening. Motion declared carried. Alderman Sarlo voted
no.
Moved by Schneck, seconded by Sarlo, to adopt the
recommendation of Finance Committee that the City support
and encourage economic growth and development incentives,
i.e. Real Estate Classification 6(b), retain Tax
Increment Financing Program, partial sales tax abatement
program; and Resolution R-36-92 be adopted at appropriate
time this evening. Motion declared carried.
Moved by Schneck, seconded by Sarlo, to adopt the
recommendation of Finance Committee to approve a 4%
adjustment to all non-union salary schedules except
Schedule VI-A, which provides for a 4 1/2% adjustment to
salaries for Public Works supervisory personnel, and
Ordinance M-33-92 be placed on First Reading at
appropriate time this evening. Upon roll call, the vote
was:
Oh\ \1 t'
SALARY
(Cont'd.)
STREET
LIGHTING/
OAKTON PL.:
GRANT FUNDS/
KEEP D.P.
BEAUTIFUL:
ZONING CASE
92-24-SU
1169 LEE:
PERMIT/ILL.
STATE TOLL
HWY. AUTH.:
HOLD HARM.
AGREEMENT/
COOK COUNTY
HIGHWAY:
UTILITY
AGREEMENT/
JONES CHGO.
LIGHTWAVE:
LIQ. LIC./
1118 LEE:
238.
8/3/92
PAGE TWO
AYES: 5-Healy, Schneck, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 3-Childers, Christiansen, Hardiman
Motion declared carried.
Moved by Haupt, seconded by Sarlo, to adopt the
recommendation of Public Works Committee to approve
change in permanent monthly service cost fro~ $33.33 to
$56.46 to Commonwealth Edison Company for three poles
with luminares on Oakton Place (approved on July 20,
1992). Upon roll call, the vote was:
AYES: 5-Healy, Schneck, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 3-Childers, Christiansen, Hardiman
Motion declared carried.
Moved by Haupt, seconded by Sarlo, to adopt the
recommendation of Public Works Committee that the City
apply to Lt. Governor Bob Kustra's Office for matching
grant funding through the Illinois Clean & Beautiful
Program in the amount of $6,100 (total of $12,200) for
recycling education, and Resolution R-38-92 be adopted
at appropriate time this evening. Motion declared
carried.
Moved by Sarlo, seconded by Healy, to adopt the
recommendation of Municipal Development Committee to
concur with recommendation of Des Plaines Plan Commission
and Zoning Board of Appeals re Case 92-24-SU to allow
operation of a Class B restaurant in C-2 General
Commercial Zoning District on property located at 1169
S. Lee Street, and Interim City Attorney be authorized
to draft necessary ordinance. Motion declared carried.
Moved by Chiropolos, seconded by Healy, to adopt the
recommendation of Engineering Committee that the Mayor
and City Clerk be authorized to execute Application for
Permit to Use Illinois State Toll Highway Authority Right
Of Way for construction of Devon Avenue and Des Plaines/
River Road Water Main Project, and Interim City Attorney
be authorized to draft necessary resolution authorizing
the application be adopted. Motion declared carried.
Moved by Chiropolos, seconded by by Sarlo, to adopt the
recommendation of Engineering Committee that City enter
into revised Hold Harmless Agreement with Cook County
Highway Department to allow City to maintain utilities
within County right-of-way without posting a surety bond;
revised agreement to include private contractors doing
emergency work or maintenance for the City; and Interim
City Attorney be authorized to draft necessary ordinance.
Motion declared carried.
Moved by Chiropolos, seconded by Sarlo, to adopt the
recommendation of Engineering Committee that the Mayor
and City Clerk be authorized to execute Utility Agreement
with Jones Chicago Lightwave Company, 135 s .. LaSalle
Street, Suite 1025, Chicago, IL 60603, to permit the
aerial installation of fiber optic cables over City
rights-of-way along the Chicago and North Western
Railroad freightline between Golf Road and Touhy Avenue
and along the Wisconsin Central Railroad between the
Chicago and North Western Railroad freightline and
Higgins Road, and Interim City Attorney be authorized to
draft necessary resolution. Motion declared carried.
Moved by Haupt, seconded by Healy, to adopt the
recommendation of License & Judicial Committee to grant
request for Class E Liquor License for property located
at 1118 Lee Street, d/b/a/ Las Torres Restaurant,
contingent upon verification of fingerprints of Hector
G. Magos and completion of Supplementary Managers Form.
Motion declared carried.
LIQ. LIC./
625 SEEGERS:
ORD. REVISION
BD. OF FIRE &
POLICE COMM.:
ASSIGNMENTS
TO FORMER
CITY ATTY.:
SELECTION OF
CITY MANAGER
PROCESS:
PARKING
RESTRICTION/
1200 BLOCK
WAYNE DR.:
ENFORCEMENT
ON PRIVATE
PROPERTY/
PINE COURT:
AGREEMENTS/
ENFORCEMENT
ON PRIVATE
PROPERTY:
239.
8/3/92
PAGE THREE
Moved by Haupt, seconded by Healy, to adopt the
recommendation of License & Judicial Committee to grant
request for Class c Liquor License for property located
at 625 Seegers Road, d/b/a/ Society of the Danube
Swabians, Inc., contingent upon verification of
fingerprints and completion of Supplementary Managers
Form, and Interim City Attorney be authorized to draft
necessary ordinance. Motion declared carried.
Moved by Haupt, seconded by Healy, to adopt the
recommendation of License & Judicial Committee to approve
revised ordinance re Board of Fire and Police
Commissioners, Title II, Chapter 9, with the exclusion
of Section 2-9-4(D); subject to clarification of Section
2-9-4 (F); and Interim City Attorney be authorized to
draft necessary ordinance. Motion declared carried.
Moved by Haupt, seconded by Healy, to adopt the
recommendation of License & Judicial Committee to include
Section 2-9-4(D) in the revised ordinance re Board of
Fire and Police Commissioners. Motion declared carried.
Aldermen Sarlo voted no.
Moved by Haupt, seconded by Healy, to adopt the
recommendation of License & Judicial Committee that
former City Attorney Judy Kolman provide a written report
listing the projects still assigned to her, hourly rate,
number of hours to complete these projects; written
report from corporate counsel, Odelson & Sterk,
estimating number of hours they would require to "get up
to speed" on each outstanding issue; and that anything
that cannot be completed "very soon" by former City
Attorney Kolman, be referred to Odelson & Sterk. Motion
declared carried.
Moved by Haupt, seconded by Healy, to adopt the
recommendation of Committee of the Whole that the 18
resumes out of 63 resumes received that were ranked by
the six aldermen who reviewed them, be reviewed again to
reduce the number to approximately five. Motion declared
carried.
Moved by Chiropolos, seconded by Haupt, to adopt the
recommendation of Public Safety Committee to remove
posted 11 2 Hour Parking" signs, 8 a.m. to 5 p.m., Monday
through Friday, on the north side of Wayne Drive, 1216
to 1248 Wayne Drive, and Interim City Attorney be
authorized to draft necessary ordinance. Motion declared
carried.
Moved by Chiropolos, seconded by Haupt, to adopt the
recommendation of Public Safety Committee that City enter
into Notice of Agreement with Pine Court Homeowners
Association, 1808 Mannheim Road, authorizing enforcement
of posted traffic, parking and prohibition of drinking
and possession of open liquor in public places
violations, on said property, and Interim City Attorney
be authorized to draft necessary ordinance. Motion
declared carried.
Moved by Chiropolos, seconded by Haupt, to adopt the
recommendation of Public Safety Committee that to
expedite processing of signed agreements with property
owners authorizing the Police Department to enforce
posted traffic, parking and prohibition of drinking and
possession of open liquor in public places violations on
private property, the City Manager or City Attorney be
authorized to bring before the City Council said
agreements without prior approval of Public Safety
Committee, and Interim City Attorney be authorized to
draft necessary ordinance. Motion declared carried.
-
ORDINANCE
Z-8-92
TEXT AMEND.:
CONSENT
AGENDA:
ORDINANCE
M-31-92
GRAFFITI
NUISANCES:
Consent
Agenda
ORDINANCE
M-32-92
DUTIES OF
FIRE CHIEF:
Consent
Agenda
ORDINANCE
M-33-92
NON-CONTRACT
EMP. SALARY:
Consent
Agenda
RESOLUTION
R-34-92
REFERENDUM
RE LIBRARY:
Consent
Agenda
RESOLUTION
R-35-92
CLASS 6(b)/
JUNO CORP.:
RESOLUTION
R-36-92
SUPPORT
ECON. GROWTH:
240.
8/3/92
PAGE FOUR
Moved by Healy, seconded by Schneck, to adopt Ordinance
Z-8-92, AN ORDINANCE AMENDING ARTICLE 5, SECTION 5. 3 ( "M-
3 SCIENTIFIC RESEARCH AND DEVELOPMENT DISTRICT") OF THE
CITY OF DES PLAINES ZONING ORDINANCE IN ITS ENTIRETY
(CASE NO. 92-21-A). Upon roll call, the vote was:
AYES: 5-Healy, Schneck, Chiropolos, Haupt, Albrecht
NAYS: 1-Sarlo
ABSENT: 3-Childers, Christiansen, Hardiman
Motion declared carried.
Moved by Haupt, seconded by Schneck, that Items 1 through
4 and Item 8 under NEW BUSINESS on the City Council
Agenda this evening be approved by one consent vote; the
ordinances will be placed on First Reading and the
resolutions will be adopted. Upon roll call, the vote
was:
AYES: 5-Healy, Schneck, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 3-Childers, Christiansen, Hardiman
Motion declared carried.
Placed on First Reading was Ordinance M-31-92, AN
ORDINANCE AMENDING SECTION 6-1-41 OF THE CITY CODE OF DES
PLAINES, REGARDING GRAFFITI NUISANCES.
Placed on First Reading was Ordinance M-32-92, AN
ORDINANCE AMENDING SECTION 3-2-4 "DUTIES OF THE FIRE
CHIEF," OF CHAPTER 2 "FIRE DEPARTMENT," OF TITLE III OF
THE CITY CODE OF DES PLAINES, BY ADDING THERETO A NEW
SUBSECTION (Q) .
Placed on First Reading was Ordinance M-33-92, AN
ORDINANCE AMENDING SCHEDULES I-A, II-A, III, IV, V, AND
VI-A OF SECTION 1-15-4 (A) OF THE CITY CODE OF DES
PLAINES, PERTAINING TO THE CITY 1 S POSITION CLASSIFICATION
AND COMPENSATION PLAN, TO REFLECT SALARY RANGE INCREASES
EFFECTIVE MAY 1, 1992 TO APRIL 30, 1993.
Moved by Haupt, seconded by Schneck, to adopt Resolution
R-34-92, A RESOLUTION PROVIDING FOR AND REQUIRING THE
SUBMISSION OF A QUESTION OF PUBLIC POLICY TO THE ELECTORS
OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, AT THE
GENERAL ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER,
1992. Motion declared carried.
Moved by Schneck, seconded by Haupt, to adopt Resolution
R-35-92, A RESOLUTION INDICATING MUNICIPAL APPROVAL OF
A COOK COUNTY REAL ESTATE CLASS 6(b) PROPERTY TAX
EXEMPTION TO THE JUNO CORPORATION. Motion declared
carried. Alderman Sarlo voted no.
Moved by Schneck, seconded by Sarlo, to adopt Resolution
R-36-92, A RESOLUTION FOR THE SUPPORT AND ENCOURAGEMENT
OF ECONOMIC GROWTH AND DEVELOPMENT IN THE CITY OF DES
PLAINES with the addition of "and its residents" after
the word Des Plaines in Paragraph One, Line Two.
Moved by Healy, seconded by Sarlo, to delete the
"and encouraged wherever possible and viable."
Paragraph 1. of Section 1 of Resolution R-36-92.
roll call, the vote was:
AYES: 3-Healy, Sarlo, Chiropolos
NAYS: 2-Schneck, Haupt
ABSENT: 3-Childers, Christiansen, Hardiman
Motion declared carried.
words
from
Upon
RESOLUTION
R-36-92
(Cont'd.)
RESOLUTION
R-37-92
CONDEMNING
MUSIC RE
HARM TO
POLICE
OFFICERS:
RESOLUTION
R-38-92
GRANT FUND./
KEEP D.P.
BEAUTIFUL:
Consent
Agenda
ZONING CASE
92-22-A
TEXT AMEND.
RE DAY
SCHOOLS:
241.
8/3/92
PAGE FIVE
Moved by Healy, seconded by Sarlo, to delete the words
"and utilize" from Paragraph 2., Section 1 of Resolution
R-36-92. Motion declared carried. Alderman Schneck
voted no.
Moved by Healy, seconded by Sarlo, that the first line
of Paragraph 3., Section 1 of Resolution R-36-92, should
read "When deemed in the best interest of the City, the
city may ...... " Upon roll call, the vote was:
AYES: 2-Healy, Sarlo
NAYS: 3-Schneck, Chiropolos, Haupt
ABSENT: 3-Childers, Christiansen, Hardiman
Motion declared failed.
Moved by Healy, seconded by Sarlo, to delete the word
"utilize" and replace with the words "establish and
maintain" in Paragraph 4., Section 1 of Resolution R-36-
92. Motion declared carried. Alderman Schneck voted no.
Motion to adopt Resolution R-36-92, as amended, declared
carried. Alderman Schneck voted no.
Moved by Haupt, seconded by Schneck, to adopt Resolution
R-37-92, A RESOLUTION CONDEMNING MUSIC CONTAINING LYRICS
REGARDING HARM TO POLICE OFFICERS.
Moved by Healy to substitute the following resolution:
WHEREAS, the news media has widely reported on a popular
"rap" music verse which many persons feel glorifies and
urges the killing of police officers; and
WHEREAS, the song is issued under the auspices of the
Time-Warner Corporation, and
WHEREAS, the work done by our brave police officers is
appreciated by all members of our community; and
WHEREAS, such music only serves to foment hatred for the
Police Department and promotes lawlessness;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Des Plaines, Cook County, Illinois, in the
exercise of its home rule powers, as follows:
SECTION 1: The City of Des Plaines condemns this and any
song which urges hatred for the Police Department and
promotes lawlessness.
SECTION 2: The City of Des Plaines urges citizens to
write letters or call Time-Warner Corporation condemning
this song as a gesture of support for our Police
Department.
Motion died for lack of a second.
Motion on the original motion declared carried. Aldermen
Healy and Schneck voted no.
Moved by Haupt, seconded by Schneck, to adopt Resolution
R-38-92, A RESOLUTION AUTHORIZING THE SUBMISSION OF AN
APPLICATION TO THE LIEUTENANT GOVERNOR'S OFFICE FOR GRANT
FUNDING AVAILABLE THROUGH THE ILLINOIS CLEAN AND
BEAUTIFUL PROGRAM. Motion declared carried.
Letter from Des Plaines Zoning Board of Appeals re Case
92-22-A, Text Amendment re Day Schools (Helene Bartz),
was referred to the Municipal Development Committee.
BERM/BUSSE
& MINER:
EXECUTIVE
SESSION:
AUTHOR. TO
SETTLE LAW
SUITS:
ASSIGNMENTS/
FORMER CITY
ATTORNEY:
LEGAL
COUNSEL/
SWANCC:
ADJOURNMENT:
PAGE SIX
242.
8/3/92
Letter from Des Plaines Economic Development Commission
re Berm in front of Park Plaines Chevrolet, Busse Road
and Miner Street, was referred to the Engineering
Committee.
Moved by Chiropolos, seconded by Sarlo, to go into
Executive Session to discuss pending litigation,
potential litigation, collective bargaining and
employment of an employee. Upon roll call, the vote was:
AYES: 5-Healy, Schneck, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 3-Childers, Christiansen, Hardiman
Motion declared carried.
Council recessed at 9:25 p.m.
Council reconvened at 10:55 p.m.
Roll call indicated the following aldemen present: Healy,
Schneck, Sarlo, Chiropolos, Haupt.
Moved by Haupt, seconded by Healy, that legal counsel be
authorized to settle law suits as directed in Executive
Session. Motion declared carried.
Moved by Haupt, seconded by Healy, that the former City
Attorney Judy Kolman be authorized to proceed with two
legal assignments as directed in Executive Session and
the Acting City Manager report back to the Council in two
weeks on the status of those assignments. Motion
declared carried.
Moved by Chiropolos, seconded by Healy, that City agree
to the transfer of legal work, regarding potential
litigation against SWANCC re the Wheeling Transfer
Station, previously assigned (June 1, 1992} to Gordon &
Glickson P.C., 444 N. Michigan Avenue, Suite 3600,
Chicago, IL 60611, to Wildman, Harrold, Allen & Dixon,
225 W. Wacker Drive, Suite 3000, Chicago, IL 60606,
because of Mr. Sanford M. Stein's new affiliation with
that firm; services to be rendered under the same rate
and terms with a $20, 000 cap on total cumulative billings
from both firms together; that Mr. Stein be authorized
to proceed with legal work as directed in Executive
Session; and that Interim City Attorney be authorized to
execute an appropriate conflict waiver regarding the
same. Motion declared carried.
Moved by Schneck, seconded by Sarlo, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:57 p.m.
APPROVED BY ME THIS ~
DAY OFLR'~~~ , 1992
~~~ D. Mi~hael Albrecht/MAY
--------