092192260.
MINU~ES 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, SEPTEMBER 21, 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 8:01 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, September 21, 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, Acting City Manager Peters,
Police Chief Storm, Fire Chief Clark, Public Works Commissioner Matula,
Community Development Director Pagones, City Engineer Oakley, Human
Resources and Services Department Director Panouses, Public Safety
Communications Coordinator Ornberg, and Interim City Attorney Delort.
PRAYER AND
PLEDGE:
ACKNOWLEDGE-
MENT:
MINUTES:
BILLS
PAYABLE:
INDUCEMENT
RESOLUTION/
SAM'S CLUB:
OPEN
MEETINGS
ACT:
The opening prayer was given by Associate Pastor Virginia
Ericson, Christ Church, followed by the Pledge of
Allegiance to the Flag.
Mayor Albrecht welcomed and acknowledged the presence of
Boy Scout Kenneth Garrett Fredricks of Troop #262,
grandson of City Treasurer Kenneth Fredricks, in his
effort to attain the Merit Badge for Citizenship which
will be applied toward his achievement of the Eagle Scout
Award.
Moved by Sarlo, seconded by Childers, to approve minutes
of regular meeting of the City Council held September 8,
1992, as published. Motion declared carried.
Moved by Sarlo, seconded by Healy, to approve minutes of
Executive Session of the City Council held September 8,
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:
$2,054,470.78. 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 the
recommendation of Finance Committee that City enter into
a Memorandum of Agreement with the developer of Sam's
Club, proposed to be located at the southwest corner of
Mt. Prospect Road and Oakton Street, to provide for a
sales tax incentive to Sam's Club, and Resolution R-47-
92, authorizing the Administration to negotiate the
formal Redevelopment Agreement, be adopted at the
appropriate time this evening. Motion declared carried.
Alderman Haupt abstained.
Moved by Haupt, seconded by Healy, to adopt the
recommendation of the Committee of the Whole (meeting
held on Monday, August 31, 1992) that the Interim City
Attorney be authorized to provide all the executive
session minutes requested by the State's Attorney's
office on July 20, 1992, regarding the complaints
received concerning the City Council's alleged violations
of the Open Meetings Act. Motion declared carried.
CITY MANAGER
POSITION:
TECHNICAL
CHANGES/
VARIOUS
ORDINANCES:
ZONING CASE
92-32-V
207 DRAKE:
USE OF CITY
PROPERTY/
OPTIMIST
CLUB:
PATIO
VARIATION/
26 JOSEPHINE:
CIRCULAR
DRIVE/
88 MARINA:
DRIVEWAY
VARIATION/
557 LINCOLN:
CONSENT
AGENDA:
ORDINANCE
M-41-92
FLOOD PLAIN
VAR./66
JOSEPHINE:
consent
Agenda
261.
9/21/92
PAGE TWO
Moved by Haupt, seconded by Chiropolos, to adopt the
recommendation of the Committee of the Whole to approve
minutes of Committee of the Whole meeting held Monday,
September 14, 1992, at which the Committee adopted the
motion that the field of candidates for the position of
City Manager be narrowed to five (5), they be invited for
interviews on Monday, September 28, 1992 at 1:00 p.m.,
and meeting be recessed until that time. Motion declared
carried.
Moved by Sarlo, seconded by Christiansen, to adopt joint
recommendation of Municipal Development and Building Code
Committees to approve recommended changes to various
ordinances as outlined in memo of July 24, 1992 from
Interim City Attorney Delort, and Interim 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 that
request for an oversized garage on property located at
207 Drake Lane, Case 92-32-V, be referred back to the Des
Plaines Zoning Board of Appeals for further review.
Motion declared carried.
Moved by Childers, seconded by Sarlo, to adopt the
recommendation of Public Works Committee to permit the
Optimist Club of Des Plaines to place a trailer on City's
Parking Lot #5 at River Road and Perry Street (old North
School) for their annual Christmas Tree Sales project,
November 21, 1992 to December 31, 1992; insurance and
clean-up to be provided by Optimist club of Des Plaines;
and all City fees be waived. Motion declared carried.
Moved by Schneck, seconded by Christiansen, to adopt the
recommendation of Building Code Cammi ttee to approve
patio variation to permit an oversized paver brick patio
(480 sq. ft.) on property located at 26 S. Josephine
Court. Motion declared carried.
Moved by Schneck, seconded by Christiansen, to adopt the
recommendation of Building Code Committee to grant
request to replace existing asphalt circular drive with
a concrete circular drive on property located at 88
Marina Drive. Motion declared carried.
Moved by Schneck, seconded by Christiansen, to adopt the
recommendation of Building Code Cammi ttee to approve
driveway variation to permit a 19 ft. driveway instead
of the required 18 ft. driveway on property located at
557 Lincoln Avenue. Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, that the
ordinances listed under UNFINISHED BUSINESS, Items 1, 2,
4 and 5, on City Council Agenda this evening, be adopted
by one consent vote. 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 Sarlo, seconded by Chiropolos, to adopt
Ordinance M-41-92, AN ORDINANCE GRANTING A FLOOD PLAIN
VARIATION TO SECTION 9-14-9(C) (a) OF THE CITY CODE OF DES
PLAINES, TO PERMIT THE CONSTRUCTION OF A SINGLE FAMILY
HOME WITH A BASEMENT IN THE FLOOD PLAIN, FOR THE PROPERTY
COMMONLY KNOWN AS 66 JOSEPHINE COURT, IN R-2 SINGLE
FAMILY RESIDENCE ZONING DISTRICT. Upon roll call, the
vote was:
ORDINANCE
M-41-92
(Cont'd.)
ORDINANCE
M-42-92
LIQ. LIC.:
Consent
Agenda
ORDINANCE
M-43-92
AGREEMENT/
COMM. ED.:
ORDINANCE
T-14-92
SPEED
RESTRICTION/
FOREST AVE.:
Consent
Agenda
ORDINANCE
Z-10-92
TEXT AMEND./
DAY SCHOOLS:
Consent
Agenda
ORDINANCE
Z-11-92
SPECIAL USE/
1560 LEE:
262.
9/21/92
PAGE THREE
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance M-42-92, AN ORDINANCE AMENDING SECTION 5-34-18
"LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES,
TO UPDATE THE NUMBER OF LICENSES ISSUED. 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 Haupt, that Ordinance M-43-
92, AN ORDINANCE AUTHORIZING COMMONWEALTH EDISON COMPANY
TO USE THE PUBLIC WAYS AND OTHER PUBLIC PROPERTY IN
CONJUNCTION WITH ITS CONSTRUCTION, OPERATION AND
MAINTENANCE OF AN ELECTRIC SYSTEM IN AND THROUGH THE CITY
OF DES PLAINES, COOK COUNTY, ILLINOIS, be deferred until
the next City Council meeting. Motion declared carried.
Moved by Sarlo, seconded by Chiropolos, to adopt
Ordinance T-14-92, AN ORDINANCE AMENDING SECTION 10-6-
16 (D) OF THE CITY CODE OF DES PLAINES, TO ADD "FOREST
AVENUE, FROM WHITE STREET TO RIVER ROAD." 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 Sarlo, seconded by Chiropolos, to adopt
Ordinance Z-10-92, AN ORDINANCE AMENDING ARTICLE 4,
SECTION 4 . 2 . 2 . "USE REGULATIONS" OF THE CITY OF DES
PLAINES ZONING ORDINANCE BY ADDING THERETO SUBPARAGRAPH
4.2.2.13.l PROVIDING FOR DAY SCHOOLS, AS A SPECIAL USE
ONLY (CASE NO. 92-22-A). 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 Sarlo, seconded by Healy, to waive First Reading
and place on passage Ordinance Z-11-92. Motion declared
carried.
Moved by Sarlo, seconded by Healy, to adopt Ordinance z-
11-92, AN ORDINANCE GRANTING A SPECIAL USE PERMIT
PURSUANT TO ARTICLE 8 OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT THE CONSTRUCTION OF A RESTAURANT
DRIVE-THRU FACILITY, AND A VARIATION TO SECTION
9 .1. 7. 2 .11. 2 OF THE ZONING ORDINANCE TO PERMIT 38 PARKING
SPACES INSTEAD OF THE REQUIRED 44 PARKING SPACES, TO BE
LOCATED IN A C-2 GENERAL COMMERCIAL DISTRICT, ON PROPERTY
COMMONLY KNOWN AS 1560 LEE STREET (92-31-SU-V). Upon
roll call, the vote was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-None
Motion declared carried.
ORDINANCE
Z-12-92
SPECIAL USE/
1825 MINER:
RESOLUTION
R-47-92
AGREEMENTS/
SAM'S CLUB:
STREET
DEDICATION/
HAWTHORNE
LANE:
ADVERTISING
FOR BIDS:
APPOINTMENTS/
REAPPOINT-
MENTS:
EXECUTIVE
SESSION:
PAGE FOUR
263.
9/21/92
Moved by Sarlo, seconded by Healy, to waive First Reading
and place on passage Ordinance Z-12-92. Motion declared
carried.
Moved by Sarlo, seconded by Healy, to adopt Ordinance z-
12-92, AN ORDINANCE GRANTING A SPECIAL USE PERMIT PUSUANT
TO SECTION 4.2.2.13.1 OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT THE OPERATION OF A DAY SCHOOL FOR
CHILDREN LOCATED IN A C-2 GENERAL COMMERCIAL BUSINESS
DISTRICT ON PROPERTY COMMONLY KNOWN AS 1825 MINER STREET
(CASE NO. 92-23-SU). 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 adopt Resolution
R-4 7-92, A RESOLUTION AUTHORIZING THE CITY STAFF TO
NEGOTIATE A REDEVELOPMENT AGREEMENT AND ANCILLARY
AGREEMENTS BETWEEN THE CITY OF DES PLAINES AND WAL-MART
STORES, INC. AND TO OBTAIN CONSULTING ASSISTANCE AS MAY
BE NECESSARY. Upon roll call, the vote was:
AYES: 6-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos
NAYS: 0-None
ABSENT: 1-Hardiman
ABSTAIN:l-Haupt
Motion declared carried.
Letter from Des Plaines Plan Commission re Street
Dedication, Hawthorne Lane (at Rand Road) -New Apostolic
Church, was referred to the Municipal Development
Committee.
The City Clerk's Office will be advertising for bids for:
1. Replacement of Concrete Driveway at Fire Station #3,
returnable by 3:00 p.m., Friday, October 9, 1992.
2. Purchase of Structural Fire Fighting Protective
Clothing, returnable by 3: 00 p. m. , Wednesday, October 14,
1992.
3. Fire Department Apparatus Intercom System, returnable
by 3:00 p.m., Wednesday, October 21, 1992.
Moved by Childers, seconded by Healy, to concur with
Mayor Albrecht's reappointment of Ralph Martin to the
Economic Development Commission, term to expire December
5, 1994. Motion declared carried.
Moved by Healy, seconded by Schneck, to concur with Mayor
Albrecht's appointment of Charles W. Van Hyning to the
Civil Service Commission, term to expire April 30, 1995.
Motion declared carried. Alderman Sarlo voted no.
Moved by Healy, seconded by Schneck, to concur with Mayor
Albrecht's following reappointments to the Architectural
Commission:
Lee Farren, term to expire August 5, 1994
Bill Muehlenbeck, term to expire August 5, 1993.
Motion declared carried.
Moved by Schneck, seconded by Healy, to go into Executive
Session to discuss pending litigation, potential
litigation and collective bargaining. Upon roll call,
the vote was:
AYES: 5°f-Childers, Christiansen, Healy,
NAYS: 3-Sarlo, Chiropolos, Haupt
ABSENT: 1-Hardiman
Motion declared carried.
EXECUTIVE
SESSION
(Cont'd.)
POLICE
CONTRACT:
SPECIAL MTG./
CITY COUNCIL:
PENDING
LITIGATION:
ADJOURNMENT:
PAGE FIVE
Council recessed at 8:40 p.m.
Council reconvened at 9:20 p.m.
Roll call indicated the
Childers, Christiansen,
Chiropolos, Haupt.
following
Healy,
264.
aldermen
Schneck,
9/21/92
present:
Sarlo,
Moved by Schneck, seconded by Haupt, to reject the
settlement offer from the Police Union and authorize the
Administration to continue with neogitations. Upon roll
call, the vote was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 1-Hardiman
Motion declared carried.
Mayor Albrecht announced that he is calling for a special
meeting of the City Council for Monday, September 28,
1992 at 7:00 p.m. to discuss Employee-Retiree Health
Insurance.
Moved by Schneck, seconded by Healy, that legal counsel
be authorized to proceed as directed by the City Council
in Executive Session with pending legal cases as
recommended in legal counsel's memoranda. Motion
declared carried.
Moved by Sarlo, seconded by Chiropolos, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:25 p.m.
Donna McAllister, CMC/AAE CITY CLERK
APPROVED BY ME THIS
DAY OF (llf~--~ I 1992