090391CALL TO ORDER:
ROLL CALL:
99.
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, TUESDAY, SEPTEMBER 3, 1991
The regular meeting of the City Council of the City
of Des Plaines, Illinois, was called to order by
Mayor D. Michael Albrecht at 8:02 p.m. in the
Eleanor Rohrbach Memorial Council Chambers,
Des Plaines Civic Center on Tuesday, September 3, 1991.
Roll call indicated the following aldermen present:
Childers, Christiansen, Healy, Schneck, Hardiman,
Sarlo, Chiropolos, Haupt.
Also present were: City Treasurer Fredricks, City Manager Asaro, City
Comptroller Peters, Commissioner of Public Works Matula, Deputy Fire
Chief Albrecht, Police Chief Storm, City Engineering Oakley, Human
Resources & Services Director Panouses, and City Attorney Kolman.
PRAYER AND
PLEDGE:
MINUTES:
BILLS PAYABLE:
CONSULTING
SERVICES:
The opening prayer was given by Father Paul Rosemeyer,
St. Mary's Church, followed by the Pledge of Allegiance
to the Flag.
Moved by Sarlo, seconded by Chiropolos, to approve
minutes of regular meeting of the City Council held
August 19, 1991, as published. Motion declared
carried.
Moved by Schneck, seconded by Christiansen, 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: $1,732,763.79.
Moved by Sarlo, seconded by Chiropolos, that this
matter be deferred.
Moved by Schneck, seconded by Christiansen, to adopt
recommendation of Finance Committee that the City
continue to retain Kane, McKenna & Associates, Inc.,
150 N. Wacker Drive, Suite 1600, Chicago, IL 60606,
to provide financial advisory services for the Prime
Group Project at the hourly rate of $85 per hour
instead of the $2,500 monthly fee, until the earlier
of a) the closing of the transaction orb) December 31,1
1991. Upon roll call, the vote was:
AYES: 8-Childers, Christiansen, Healy, Schneck,
Hardiman, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Schneck, seconded by Sarlo, to adopt the
recommendation of Finance Committee to retain Kane,
McKenna & Associates, Inc., 150 N. Wacker Drive,
Suite 1600, Chicago, IL 60606, to provide financial
advisory services for possible annexation of
additional territory to the Downtown TIF District, for
a range fee of $7,500 to $10,000. Upon roll call, the
vote was:
AYES: 8-Childers, Christiansen, Healy, Schneck,
Hardiman, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
SALARIES OF
ELECTED
OFFICIALS:
Deferred Item
RECESS:
ZONING CASE
91-31-A
DAY CARE-
CHILD CARE
FACILITIES:
KOMPERDA'S
RESUBDIVISION
2255-59 ELMIRA:
DANNEIL
SUBDIVISION
551 LINCOLN:
100.
9/3/91
PAGE TWO
Alderman Schneck called for a vote on the motion,
deferred at the City Council meeting of August 19,
1991, to adopt recommendation of Finance Committee
that salaries of elected officials be established as
follows for four (4) years beginning in 1993:
Aldermen $3,600 and then 5% increase in 1994,
1995, and 1996
Treasurer $3,600 and then 5% increase in 1994,
1995, and 1996
City Clerk $37,400 and then 5% increase in 1994,
1995, and 1996
Mayor $53,000 plus $2,500 and then 5%
increase in 1994, 1995, and 1996
And City Attorney be authorized to draft necessary
ordinance.
Moved by Healy, seconded by Hardiman, to amend the
motion to delete all 5% increases and City Clerk's
salary be changed to $40,000.
Moved by Childers, seconded by Healy, to suspend the
rules to allow the public to speak on this matter.
Thirty-three (33) persons addressed the Council, both
pro and con, for a period of one hour and forty-five
minutes.
Moved by Sarlo, seconded by Chiropolos, that this
matter be tabled. Upon roll call, the vote was:
AYES: 4-Childers, Sarlo, Chiropolos, Haupt
NAYS: 5-Christiansen, Healy, Schneck, Hardiman,
Albrecht
ABSENT: 0-None
Motion declared failed.
Upon roll call on the original motion as amended, the
vote was:
AYES: 5-Christiansen, Healy, Schneck, Hardiman,
Albrecht
NAYS: 4-Childers, Sarlo, Chiropolos, Haupt
ABSENT: 0-None
Motion declared carried.
Mayor Albrecht called for a recess at 9:59 p.m.
Council reconvened at 9:16 p.m.
Moved by Sarlo, seconded by Childers, to adopt
recommendation of Municipal Development Committee to
concur with recommendation of Des Plaines Zoning Board
of Appeals re Case 91-31-A to grant request for Text
Amendment to allow operation of day care-child care
facilities in R-1 and R-2 Single Family Residence
District as a Special Use only, and City Attorney be
authorized to draft necessary ordinance. Motion
declared carried.
Moved by Sarlo, seconded by Childers, to adopt the
recommendation of Municipal Development Committee to
concur with recommendation of Des Plaines Plan
Commission to approve plat of Komperda's Resubdivision,
2255-2259 Elmira Avenue, and Mayor and City Clerk be
authorized to execute same. Motion declared carried.
Moved by Sarlo, seconded by Childers, to adopt the
recommendation of Municipal Development Committee to
concur with recommendation of Des Plaines Plan
Commission to approve plat of Roland F. Danneil
Subdivision, 551 Lincoln Avenue, and Mayor and City
Clerk be authorized to execute same. Motion declared
carried.
SIGNS/
KIWANIS ARTS
FAIR:
"OPEN HOUSE"
SIGNS ON
PARKWAYS:
PRAIRIE LAKES
OUTFALL STORM
SEWERS PROJECT/
CHANGE ORDER:
LICENSE AGREE.
W/FOREST PRES.
RE POTTER ROAD:
101.
9/3/91
PAGE THREE
Moved by Sarlo, seconded by Childers, to adopt the
recommendation of Municipal Development Committee to
grant request from Kiwanis Club of Des Plaines to
allow them to place signs on City property at:
1. Southeast corner of Wolf Road and Oakton Street
2. Parkwayon Wolf Road in front of Maine West High
Schoo 1
3. Northwest corner of Touhy Avenue and Wolf Road
4. West side of Oakton Street, across from Maine West
High School
5. Northwest corner of Lee and Oakton Streets
to promote their annual Arts & Crafts Fair at Maine
West High School; signs to be erected at 6:00 a.m.,
Saturday, November 2, 1991 and removed by 6:00 p.m.,
Sunday, November 3, 1991. Motion declared carried.
Moved by Sarlo, seconded by Childers, to adopt the
recommendation of Municipal Development Committee to
concur with the recommendation of the Des Plaines
Zoning Board of Appeals re posting of "Open House"
signs on parkways under the following conditions:
1. No more than four (4) signs for a given property,
and to be no larger than six feet (6') in size;
2. Signs for a given property may be placed within
one (1) square mile of the property, but not in
such a way as to interere with motor traffic;
3. Signs may only be up on the day of the open house,
between 9:00 a.m. and 6:00 p.m.;
4. Each sign must identify the person(s) who are
responsible for placement and removal of signs;
5. No more than one (1) sign directing the public in
any one direction is allowed on a given tract of
real estate by any one business entity--two or more
signs by the same business entity must direct the
public in different directions;
and City Attorney be authorized to draft necessary
ordinance. Motion declared carried.
Moved by Chiropolos, seconded by Christiansen, to adopt
recommendation of Engineering Committee to approve
Change Order #1 to contract with Mola Construction
Company, Inc., 1303 Joseph Lane, Addison, IL 60101,
for additional storm sewer work items needed for
Prairie Lakes Park Outfall Storm Sewers Project, due
to construction permit requirements by the Metropoli-
tan Water Reclamation District, Illinois Department of
Transportation and Cook County Highway Department, in
the amount of $26,038/1987 Sewer Bond account. Upon
roll call, the vote was:
AYES: 8-Childers, Christiansen, Healy, Schneck,
Hardiman, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Chiropolos, seconded by Christiansen, to
adopt recommendation of Engineering Committee that
Mayor and City Clerk be authorized to execute License
Agreement with Forest Preserve District of Cook
County to allow City to construct part of Potter Road
Water Main, Phase II on the East River Road right-of-
way property of the Forest Preserve, and Resolution
R-24-91 be adopted at appropriate time this evening.
Motion declared carried.
----- -----------
PLUMBING
MATERIALS:
EXECUTIVE
SESSION:
LITIGATION:
EXECUTIVE
SESSION
MINUTES:
ORDINANCE
B-6-91
ELEVATOR
REQUIREMENTS:
ORDINANCE
M-36-91
ELEVATOR FIRE
SAFETY REQUIRE.:
ORDINANCE
M-37-91
GARBAGE
PICKUP:
102 .
9/3/91
PAGE FOUR
Moved by Christiansen, seconded by Hardiman, to adopt
recommendation of Building Code Committee to concur
with recommendation of Administration that the
Building Code be changed to include an additional use
of materials for plumbing drainage, waste and vents
for single family residential buildings that are
three (3) floors or less, as follows:
1. DWV copper for residential use only,
2. Type M copper for all other buildings,
3. Hubless cast iron system on residential only,
4. PVC plastic for above-ground drainage, waste and
vents on residential only,
5. PVC plastic sewer for residential sanitary sewer
on outside underground only,
6. Use of 3" stacks for drainage, waste and vent
piping; maximum two (2) toilets per stack on
residential use only,
7. PVC plastic will not be permitted on any water
piping,
and City Attorney be authorized to draft necessary
ordinance. Motion declared carried.
Moved by Haupt, seconded by Chiropolos, to go into
Executive Session to discuss litigation and Executive
Session minutes. Upon roll call, the vote was:
AYES: 8-Childers, Christiansen, Healy, Schneck,
Hardiman, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Council recessed at 10:40 p.m.
Council reconvened at 10:53 p.m.
Roll call indicated the following aldermen present:
Childers, Christiansen, Healy, Schneck, Hardiman,
Sarlo, Chiropolos, Haupt.
Moved by Haupt, seconded by Healy, that the City
Attorney be authorized to proceed with matters
pertaining to ligitation as discussed in the Executive
Session. Motion declared carried.
Moved by Childers, seconded by Christiansen, to
approve minutes of Executive Session of the City
Council held August 19, 1991, as amended in Executive
Session. Motion declared carried.
Placed on First Reading was Ordinance B-6-91, AN
ORDINANCE AMENDING SECTION 33.1 OF ARTICLE XXXIII
("ELEVATORS AND SIMILAR MECHANICAL DEVICES") OF THE
CITY OF DES PLAINES BUILDING CODE AND ORDINANCE.
Placed on First Reading was Ordinance M-36-91, AN
ORDINANCE AMENDING CHAPTER 7 ("FIRE PREVENTION CODE")
OF TITLE VII ("FIRE REGULATIONS") OF THE CITY CODE OF
DES PLAINES BY ADDING CERTAIN EXCEPTIONS TO THE
NATIONAL FIRE CODES.
Placed on First Reading was Ordinance M-37-91, AN
ORDINANCE AMENDING SECTION 8-4-10 OF CHAPTER 4, TITLE
VIII ("GARBAGE, YARD WASTE AND COMPOSTING") OF THE
CITY CODE OF DES PLAINES.
ORDINANCE
M-38-91
POSITIONS OF
DETECTIVE DIV.
COMMANDER &
DIV. SECRETARY:
ORDINANCE
M-39-91
DETECTIVE
DIVISION
COMMANDER:
ORDINANCE
M-41-91
POSITION OF
MAYOR:
103.
9/3/91
PAGE FIVE
Moved by Schneck, seconded by Christiansen, to waive
First Reading and place on passage Ordinance M-38-91.
Motion declared carried.
Moved by Schneck, seconded by Christiansen, to adopt
Ordinance M-38-91, AN ORDINANCE AMENDING SECTION
l-15-4(A) SCHEDULES II-A AND III OF CHAPTER 15, TITLE
I ("POSITION CLASSIFICATION AND COMPENSATION PLAN")
OF THE CITY CODE OF DES PLAINES, ADDING THERETO THE
POSITIONS OF "DETECTIVE DIVISION COMMANDER" AND
"DIVISIONAL SECRETARY." Upon roll call, the vote was:
AYES: 8-Childers, Christiansen, Healy, Schneck,
Hardiman, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Schneck, seconded by Christiansen, to waive
First Reading and place on passage Ordinance M-39-91.
Motion declared carried.
Moved by Schneck, seconded by Christiansen, to adopt
Ordinance M-39-91, AN ORDINANCE AMENDING CHAPTER I
("POLICE DEPARTMENT") OF ARTICLE III OF THE CITY CODE
OF DES PLAINES BY ADDING THERETO NEW SECTION 3-1-5,
"DETECTIVE DIVISION COMMANDER." Upon roll call, the
vote was:
AYES: 8-Childers, Christiansen, Healy, Schneck,
Hardiman, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Schneck, seconded by Christiansen, to waive
First Reading and place on passage Ordinance M-41-91.
Upon roll call, the vote was:
AYES: 5-Christiansen, Healy, Schneck, Hardiman,
Albrecht
NAYS: 4-Childers, Sarlo, Chiropolos, Haupt
ABSENT: 0-None
Motion declared carried.
Moved by Schneck, seconded by Christiansen, to adopt
Ordinance M-41-91, AN ORDINANCE AMENDING SECTION
1-5-2 OF TITLE I OF THE CITY CODE OF DES PLAINES.
Moved by Sarlo, seconded by Ch~ropolos, that this
matter be tabled. Upon roll call, the vote was:
AYES: 4-Childers, Sarlo, Chiropolos, Haupt
NAYS: 5-Christiansen, Healy, Schneck, Hardiman,
Albrecht
ABSENT: 0-None
Motion declared failed.
Upon roll call on the motion to adopt, the vote was:
AYES: 5-Christiansen, Healy, Schneck, Hardiman,
Albrecht
NAYS: 4-Childers, Sarlo, Chiropolos, Haupt
ABSENT: 0-None
Motion declared carried.
Alderman Haupt stated that he feels Ordinance M-41-91
is illegal, inappropriate, and that there was no
public notice of this meeting. He stated that he was
going to suggest as Chairman of the License & Judicial
Committee, that Counsel be retained to investigate the
appropriateness of this ordinance.
ORDINANCE
M-42-91
COMPENSATION
FOR ALDERMEN:
(Amended)
ORDINANCE
M-43-91
SALARIES OF
ELECTED
OFFICIALS:
(Amended)
104.
9/3/91
PAGE SIX
Moved by Schneck, seconded by Christiansen, to waive
First Reading and place on passage Ordinance M-42-91,
as amended.
Moved by Sarlo, seconded by Chiropolos, that this
matter be tabled. Upon roll call, the vote was:
AYES: 4-Childers, Sarlo, Chiropolos, Haupt
NAYS: 5-Christiansen, Healy, Schneck, Hardiman,
Albrecht
ABSENT: 0-None
Motion declared failed.
Upon roll call on the motion to waive First Reading of
Ordinance M-42-91, as amended, the vote was:
AYES: 5-Christiansen, Healy, Schneck, Hardiman,
Albrecht
NAYS: 4-Childers, Sarlo, Chiropolos, Haupt
ABSENT: 0-None
Motion declared carried.
Moved by Schneck, seconded by Christiansen, to adopt
Ordinance M-42-91, as amended, AN ORDINANCE AMENDING
SECTION 1-6-23 OF CHAPTER 6 ("COUNCIL") OF TITLE I OF
THE CITY CODE OF DES PLAINES. Upon roll call, the
vote was:
AYES: 5-Christiansen, Healy, Schneck, Hardiman,
Albrecht
NAYS: 4-Childers, Sarlo, Chiropolos, Haupt
ABSENT: 0-None
Motion declared carried.
Moved by Schneck, seconded by Christiansen, to waive
First Reading and place on passage Ordinance M-43-91,
as amended.
Moved by Sarlo, seconded by Chiropolos, that this
matter be tabled. Upon roll call, the vote was:
AYES: 4-Childers, Sarlo, Chiropolos, Haupt
NAYS: 5-Christiansen, Healy, Schneck, Hardiman,
Albrecht
ABSENT: 0-None
Motion declared failed.
Upon roll call on the motion to waive First Reading of
Ordinance M-43-91, as amended, the vote was:
AYES: 5-Christiansen, Healy, Schneck, Hardiman,
Albrecht
NAYS: 4-Childers, Sarlo, Chiropolos, Haupt
ABSENT: 0-None
Motion declared carried.
Moved by Schneck, seconded by Christiansen, to adopt
Ordinance M-43-91, as amended, AN ORDINANCE AMENDING
SECTION l-15-4(B) OF CHAPTER 15 ("POSITION CLASSIFI-
CATION AND COMPENSATION PLAN") OF TITLE I OF THE CITY
CODE OF DES PLAINES.
Alderman Haupt stated his objection to the waiving of
First Reading because the taxpayers should have
another few weeks to learn more about this matter.
Upon roll call on the motion to adopt Ordinance M-43-91
as amended, the vote was:
AYES: 5-Christiansen, Healy, Schneck, Hardiman,
Albrecht
NAYS: 4-Childers, Sarlo, Chiropolos, Haupt
ABSENT: 0-None
Motion declared carried.
ORDINANCE
T-11-91
TRAFFIC FLOW-
PERRY STREET:
ORDINANCE
T-12-91
PARKING
RESTRICTIONS/
ALGONQUIN RD.:
ORDINANCE
T-13-91
PARKING
RESTRICTIONS/
LEE STREET:
ORDINANCE
Z-12-91
GROUND LEVEL
STORAGE TANKS:
RESOLUTION
R-24-91
LIC. AGREE./
FOREST PRESV. :
CHANGE OF
BID DATE:
ADJOURNMENT:
105.
9/3/91
PAGE SEVEN
Moved by Childers, seconded by Sarlo, to waive First
Reading and place on passage Ordinance T-11-91.
Motion declared carried.
Moved by Childers, seconded by Sarlo, to adopt
Ordinance T-11-91, AN ORDINANCE AMENDING SECTIONS
10-7-2, SCHEDULE V, 10-7-3(A) AND 10-7-3(B) OF THE
CITY CODE OF DES PLAINES, CHANGING PERRY STREET, FROM
LEE STREET TO GRACELAND AVENUE, FROM A ONE-WAY STREET
TO A TWO-WAY STREET AND ADDING VARIOUS STOP SIGNS AS
REQUIRED. Upon roll call, the vote was:
AYES: 8-Childers, Christiansen, Healy, Schneck,
Hardiman, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Placed on First Reading was Ordinance T-12-91, AN
ORDINANCE AMENDING SECTION 10-5-17, SCHEDULE I, OF
THE CITY CODE OF DES PLAINES TO AMEND THE PARKING
RESTRICTIONS FOR ALGONQUIN ROAD.
Placed on First Reading was Ordinance T-13-91, AN
ORDINANCE AMENDING SECTION 10-5-5(G) OF SCHEDULE II
OF THE CITY CODE OF DES PLAINES, CHANGING THE HOURS OF
PARKING ON THE WEST SIDE OF LEE STREET, FROM 225 FEET
NORTH OF TOUHY AVENUE TO HOWARD STREET.
Moved by Sarlo, seconded by Childers, to waive First
Reading and place on passage Ordinance Z-12-91.
Motion declared carried.
Moved by Sarlo, seconded by Childers, to adopt
Ordinance Z-12-91, AN ORDINANCE AMENDING CERTAIN
PROVISIONS OF ZONING DISTRICTS C-1 THROUGH C-4 AND
M-1 THROUGH M-3 OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT GROUND LEVEL FLAMMABLE FUEL
STORAGE TANKS, BUT AS A SPECIAL USE ONLY (91-29-A).
Upon roll call, the vote was:
AYES: 8-Childers, Christiansen, Healy, Schneck,
Hardiman, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Schneck, seconded by Healy, to adopt
Resolution R-24-91, A RESOLUTION AUTHORIZING THE CITY
OF DES PLAINES TO ENTER INTO A LICENSE AGREEMENT
WITH THE FOREST PRESERVE DISTRICT OF COOK COUNTY,
ILLINOIS. Motion declared carried.
The City Clerk advised the Council that the bid date
for Uninterruptable Power Supply for Emergency
Communications Center has been changed to 3:00 p.m.,
Friday, September 13, 1991.
Moved by Childers, seconded by Chiropolos, that the
regular meeting of the City Council adjourn. Motion
declared I1~~~:~11:20 p.m.
Donna McAllister, CMC/AAE -CITY CLERK