122192~J~.
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, DECEMBER 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 8:11 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, December 21, 1992.
ROLL CALL: Roll call indicated the following aldermen present:
Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo,
Chiropolos, Haupt.
Also present were: City Treasurer Fredricks, Acting City
Manager/Comptroller Peters, Police Chief Storm, Deputy Fire Chief
Farinella, Public Works Commissioner Matula, Development Specialist
D'Onofrio, City Engineer Oakley, Human Resources and Services Department
Director Panouses, Public Safety Communications Coordinator Ornberg, and
Interim City Attorney Delort.
PRAYER AND
PLEDGE:
MINUTES:
BILLS
PAYABLE:
IRS 125
PLAN:
EXCESS
WORKERS COMP.
INSURANCE:
The opening prayer was given by Pastor James Jackson,
Christ Church, 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 December 7,
1992, as published. Motion declared carried.
Moved by Healy, seconded by Childers, to approve minutes
of Executive Session of the City Council held December
7, 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:
$2,740,869.06. Upon roll call, the vote was:
AYES: 8-Childers, Christiansen, Healy, Schneck,
Hardiman, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Alderman Sarlo abstained on Warrant #02832 in the amount
of $26,130 (conflict of interest).
Motion declared carried.
Moved by Schneck, seconded by Sarlo, to adopt the
recommendation of Finance Committee to approve the
proposed IRS 125 Plan in which payroll employees can
deposit pre-tax dollars into this plan which, in turn,
can pay for insurance premiums, deductible co-pays,
qualified day care expenses and other qualified expenses;
and Resolution R-54-92 be adopted at appropriate time
this evening. Motion declared carried.
Moved by Schneck, seconded by Sarlo, to adopt the
recommendation of Finance Committee to accept proposal
from James M. Golden Association, Ltd., 5901 N. Cicero,
Chicago, IL 60646, for policy with Midwest Employers
Casualty for 1993 Excess Worker's Compensation Insurance
in the amount of $40,330, effective January 1, 1993.
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.
REFINAN./
1988 G.O.
BONDS:
CANDIDATE
PACKET:
SURETY REDUC.
DANNEIL
SUBDIVISION:
PETITIONS/
ANNEXATION OF
3113 W. OLD
HIGGINS:
AGREEMENT/
ALGONQUIN-
RIVER ROADS
IMPROVEMENTS:
LIC. AGREE./
WISCONSIN
CENTRAL R.R.:
297.
12/21/92
PAGE TWO
Moved by Schneck, seconded by Sarlo, to adopt the
recommendation of Finance Committee that the Staff and
City's financial advisors, Speer Financial, Inc., be
authorized to analyze the feasibility of refinancing the
callable bonds of 1988 General Obligation Purpose Bonds
up to $3,550,000. 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.
Moved by Haupt, seconded by Healy, to adopt the
recommendation of License & Judicial Committee that City
provide candidate petitions and required number of
signatures with disclaimer to potential candidates, and
that this information be provided to those potential
candidates who have already picked up a Candidate Packet.
Motion declared carried.
Moved by Sarlo, seconded by Healy, to adopt the
recommendation of Municipal Development Committee to
accept public improvements including culverts, driveway
approaches, ditch regrading and parkway restoration for
R. F. Danneil Subdivision, 551-557 Lincoln Avenue, and
Surety Bond be released in the amount of $10,484.38 and
Cash Guarantee be released in the amount of $600 for a
total of $11,084.38. 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 Sarlo, seconded by Healy, to adopt the
recommendation of Municipal Development Committee that
all necessary action be taken to proceed with City's
annexation of 3113 W. Old Higgins Road, pursuant to
agreement between the City and petitioners, Allied
Services Division Severance Fund. Motion declared
carried.
Moved by Chiropolos, seconded by Hardiman, to adopt the
recommendation of Engineering Committee that Mayor and
City Clerk be authorized to execute Local Agency
Agreement for Federal Participation with Illinois
Department of Transportation (IDOT) for reconstruction
of Algonquin Road between the Wisconsin Central Railroad
and Des Plaines-River Road and the improvements to Des
Plaines-River Road/Algonquin Road intersection; costs to
the City will be $711,180 for reconstruction plus $5,750
for intersection project for a total of $716,930/1990
Street Bond funds. Upon roll call, the vote was:
AYES: 6-Healy, Schneck, Hardiman, Sarlo, Chiropolos,
Haupt
NAYS: 2-Childers, Christiansen
ABSENT: 0-None
Motion declared carried.
Moved by Chiropolos, seconded by Hardiman, to adopt the
recommendation of Engineering Committee that Mayor and
City Clerk be authorized to execute License Agreement
with Wisconsin Central, Ltd., to permit City to cross
their facilities along the route of the West Side Water
Transmission Main; City to pay one-time occupancy fee of
$3,000 (source of funding/1991 Water Bond), and
Resolution R-55-92 be adopted at appropriate time this
evening. Upon roll call, the vote was:
AYES: 8-Childers, Christiansen, Healy, Schneck,
Hardiman, Sarlo, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
BIDS/WEST
SIDE WATER
TRANSMISSION
MAIN:
ORDINANCE
A-1-92
ANNEX./3113
OLD HIGGINS:
CONSENT
AGENDA:
ORDINANCE
M-52-92
1992 TAX
LEVY:
ORDINANCE
M-53-92
ABATE./1991
GO BONDS:
Consent
Agenda
ORDINANCE
M-54-92
ABATE./1990
GO BONDS:
Consent
Agenda
ORDINANCE
M-55-92
SALARY OF
CITY MGR.:
consent
Agenda
298.
12/21/92
PAGE THREE
Moved by Chiropolos, seconded by Hardiman, to adopt the
recommendation of Engineering Committee that contract for
construction of West Side Water Transmission Main be
awarded to the lowest bidder, Swallow Construction
Company, 312 E. 18th Street, Lombard, IL 60148, in the
amount of $3,538,533/1991 Water Bond. 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.
Mayor Albrecht referred Ordinance A-1-92, AN ORDINANCE
ANNEXING CERTAIN LAND TO THE CITY OF DES PLAINES,
ILLINOIS (property commonly known as Allied Services
Division Severance Fund, a Trust, 3113 West Old Higgins
Road, Elk Grove Village, Illinois) , back to the Municipal
Development Committee for further review and report.
Moved by Healy, seconded by Schneck, that Items 3, 4, 5,
and 6 under UNFINISHED BUSINESS and Items 1 through 6
under NEW BUSINESS on the City Council Agenda this
evening be approved by one consent vote; the ordinances
under UNFINISHED BUSINESS will be adopted, the ordinances
under NEW BUSINESS will be placed on First Reading and
the resolutions will be adopted. 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 Healy, seconded by Schneck, to adopt Ordinance
M-52-92, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES
PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 1992 AND ENDING DECEMBER 31, 1992.
Upon roll call, the vote was:
AYES: 6-Christiansen, Healy, Schneck, Hardiman,
Chiropolos, Haupt
NAYS: 2-Childers, Sarlo
ABSENT: 0-None
Motion declared carried.
Moved by Healy, seconded by Schneck, to adopt Ordinance
M-53-92, AN ORDINANCE RE ABATEMENT OF 1992 TAX LEVY FOR
1991 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. 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 Healy, seconded by Schneck, to adopt Ordinance
M-54-92, AN ORDINANCE RE ABATEMENT OF 1992 TAX LEVY FOR
GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1990.
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 Healy, seconded by Schneck, to adopt Ordinance
M-55-92, AN ORDINANCE DELETING SECTION 1-24-5
"COMPENSATION," OF THE CITY CODE OF DES PLAINES, IN ITS
ENTIRETY, AND AMENDING SECTION 1-15-4(B) "UNCLASSIFIED
SERVICE" OF CHAPTER 15 ("POSITION CLASSIFICATION AND
COMPENSATION PLAN"), TITLE I, TO ADD A NEW SUBSECTION 1-
15-4 (B) (2) PERTAINING TO THE CITY MANAGER Is SALARY. Upon
roll call, the vote was:
ORDINANCE
M-55-92
(Cont'd.)
ORDINANCE
Z-15-92
TEXT AMEND./
TRUCK DRIVING
SCHOOL:
consent
Agenda
ORDINANCE
Z-17-92
VARIATION/
595 CONCORD:
Consent
Agenda
ORDINANCE
Z-18-92
VARIATION/
591 CONCORD:
Consent
Agenda
ORDINANCE
Z-19-92
SPEC. USE/
255 OAKTON:
consent
Agenda
RESOLUTION
R-53-92
LIC. AGREE./
C&NW R.R.:
Consent
Agenda
RESOLUTION
R-54-92
FLEX. COMP
PLAN:
consent
Agenda
RESOLUTION
R-55-92
LIC. AGREE./
WIS.CEN.R.R:
consent
Agenda
AMEND
COUNCIL
AGENDA:
299. for
~' 121/f /92
PAGE FOUR
AYES: 8-Childers, Christiansen, Healy, Schneck,
Hardiman, Sarlo, Chiropolos, Haupt
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Healy, seconded by Schneck, to adopt Ordinance
Z-15-92, AN ORDINANCE AMENDING ARTICLE 5, SECTION 5.2.3
"SPECIFIC USES PERMITTED" OF THE CITY OF DES PLAINES
ZONING ORDINANCE BY ADDING THERETO SUBPARAGRAPH 5.2.3.10
PROVIDING FOR TRUCK DRIVING SCHOOLS AS A SPECIAL USE ONLY
(CASE NO. 92-41-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.
Placed on First Reading was Ordinance Z-17-92, AN
ORDINANCE GRANTING A VARIATION TO SECTIONS 3.2.4.3 AND
3.2.4.4 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO
PERMIT THE CONSTRUCTION OF A 12.67 FOOT BY 13 FOOT THREE
SEASON ROOM ADDITION TO AN EXISTING SINGLE-FAMILY
RESIDENCE FOR THE PROPERTY COMMONLY KNOWN AS 595 CONCORD
LANE IN A R-2 SINGLE-FAMILY RESIDENCE ZONING DISTRICT
(CASE NO. 92-47-V).
Placed on First Reading was Ordinance Z-18-92, AN
ORDINANCE GRANTING A VARIATION TO SECTIONS 3.2.4.3 AND
3.2.4.4 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO
PERMIT THE CONSTRUCTION OF A 12 FOOT BY 18 FOOT THREE
SEASON ROOM ADDITION TO AN EXISTING SINGLE-FAMILY
RESIDENCE FOR THE PROPERTY COMMONLY KNOWN AS 591 CONCORD
LANE IN A R-2 SINGLE-FAMILY RESIDENCE ZONING DISTRICT
(CASE NO. 92-48-V) .
Placed on First Reading was Ordinance Z-19-92, AN
ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO
ARTICLE 5 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO
PERMIT THE OPERATION OF A TRUCK DRIVING SCHOOL (STELLAR
TRANSPORTATION SERVICES, INC., D/B/A STAR TRUCK DRIVING
SCHOOL) TO BE LOCATED IN M-2 GENERAL MANUFACTURING
DISTRICT ON THE PROPERTY COMMONLY KNOWN AS 255 WEST
OAKTON STREET (CASE NO. 92-49-SU).
Moved by Healy, seconded by Schneck, to adopt Resolution
R-53-92, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES
TO ENTER INTO A LICENSE AGREEMENT WITH THE CHICAGO &
NORTHWESTERN TRANSPORTATION COMPANY, AS REQUIRED FOR THE
CONSTRUCTION OF THE NEW WEST SIDE TRANSMISSION WATER
MAIN. Motion declared carried.
Moved by Healy, seconded by Schneck, to adopt Resolution
R-54-92, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES
FLEXIBLE COMPENSATION PLAN (AS EFFECTIVE JANUARY 1 ,
1993). Motion declared carried.
Moved by Healy, seconded by Schneck, to adopt Resolution
R-55-92, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES
TO ENTER INTO A LICENSE AGREEMENT WITH THE WISCONSIN
CENTRAL, LTD., AS REQUIRED FOR THE CONSTRUCTION OF THE
NEW WEST SIDE TRANSMISSION WATER MAIN. Motion declared
carried.
Moved by Healy, seconded by Childers, that Interim City
Attorney be authorized to draft necessary ordinance
amending Title I, Chapter 6, Section 1-6-9, Rule III, to
move Item 5 -Committee Reports Not Requiring Action,
after Item 6 -New Business (and before "Appointments").
Motion declared carried.
ZONING CASE
92-56-V
627 WOLF:
DeSOTO
SUBDIVISION:
APPOINTMENTS:
VETO/
SEVERANCE
BENEFITS FOR
COMM. DEV.
DIRECTOR:
3 0 0. /),1 ~j ,//iflt
12/;f/92
PAGE FIVE
Letter from Des Plaines Zoning Board of Appeals re Case
92-56-V, 623-627 N. Wolf Road (Norwood Plaza, Inc.) was
referred to the Municipal Development Committee.
Letter from Des Plaines Plan Commission re DeSoto
Subdivision, 1700 s. Mt. Prospect Road, was referred to
the Municipal Development Committee.
Moved by Healy, seconded by Christiansen, to concur with
Mayor Albrecht's appointment of Betty J. Ritter to the
Cable Commission to fill vacany created by the passing
of Walter Nicely, term to expire April 30, 1994. Motion
declared carried.
Moved by Healy, seconded by Christiansen, to concur with
Mayor Albrecht's appointment of Dan Fletcher to the
Zoning Board of Appeals to fill vacancy created by
resignation of Dr. Jerry Meyer, term to expire April 30,
1993. Motion declared carried.
Letters from Mayor Albrecht regarding the following
appointments will come before the Council on January 4,
1993:
PLAN COMMISSION
Jim Wilhelm
Robert Cornelisen
Mayor Albrecht delivered his veto message (attached)
vetoing motion passed at the December 7, 1992 meeting of
the City Council giving Community Development Director
Lou Pagones six (6) months of severance pay and one (1)
year of health insurance effective the date of his
resignation, January 1, 1993.
Moved by Chiropolos, seconded by Haupt, to reconsider
vote taken at the December 7, 1992 meeting of the City
Council giving Community Development Director Lou Pagones
six ( 6) months of severance pay and one ( 1) year of
health insurance effective the date of his resignation,
1 ierq/J3 ;.-v.f Janua~,_~ Upon roll call, the vote was:
v /~t~A-Y-E-S: 5-Chllders, Healy, Sarlo, Chiropolos, Haupt
NAYS: 3-Christiansen, Schneck, Hardiman
ABSENT: 0-None
Motion declared carried.
Moved by Chiropolos, seconded by Sarlo, that veto of vote
taken at the December 7, 1992 meeting of the City Council
giving Community Development Director Lou Pagones six (6)
months of severance pay and one ( 1) year of heal th
insurance effective the date of his resignation, January \qq~ ~ be overriden. Upon roll call, the vote was:
-~-~:~~: 5-Childers, Healy, Sarlo, Chiropolos, Haupt
NAYS: 3-Christiansen, Schneck, Hardiman
POLICY/
SEVERENCE
BENEFITS:
EXECUTIVE
SESSION:
ABSENT: 0-None
Motion declared failed.
Mayor Albrecht referred the matter of developing a policy
regarding severence benefits for department heads to the
Interim City Attorney for review and report.
Moved by Healy, seconded by Chiropolos, to go
Executive Session to discuss pending litigation.
roll call, the vote was:
AYES: 7-Childers, Christiansen, Healy, Schneck,
Hardiman, Sarlo, Chiropolos
NAYS: 1-Haupt
ABSENT: 0-None
Motion declared carried.
Council recess at 9:15 p.m.
Council reconvened at 9:55 p.m.
into
Upon
EXECUTIVE
SESSION
(Cont'd.)
ADJOURNMENT:
301. nl/
;;zJ tY~
12///92
PAGE SIX
Roll call indicated the following aldermen present:
Childers, Christiansen, Healy, Schneck, Hardiman, Sarlo,
Chiropolos, Haupt.
Moved by Healy, seconded by Christiansen, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 9:56 p.m.
Donna McAllister, CMC/AAE CITY CLERK
APPROVED BY ME THIS lt ~,~---
----·---~~--
D. MICHAEL ALBRECHT
MAYOR
THE CITY OF DES PLA.INES
1420 MINER/NORTHWEST HIGHWAY • DES PLAINES, ILLINOIS 60016-4498 • [708) 391-5300
M E M 0 R A N D U M
TO: City Council Members
FROM: Mayor D. Michael Albrech
DATE: December 21, 1992
SUBJECT: Veto Message -Lou Paqones severance Pay Motion
At the December 7, 1992 meeting, the City Council passed the
following motion by a 5 - 3 vote:
Moved by Alderman Chiropolos, seconded by Alderman Sarlo, to
give Community Development Director Lou Pagones six (6) months of
severance pay and on (1) year of health insurance effective the
date of his resignation, January 1, 1993.
Section 3-11-18 of the Illinois Municipal Code provides that I
may veto any resolution or motion which provides for the expenditure
or appropriation of the City's money. Accordingly, pursuant to the
powers vested in me by Illinois law, I hereby veto that motion and
return it to the City Council without my approval. This motion is
hereby returned to you at the next regular meeting occurring not less
than five days after its passage, which is the December 21 City
Council meeting.
I believe that the motion was ill-advised and unnecessary. When
the City Administration is striving to conserve tax dollars, it is
incongruous to spend $40,000 on an individual who has resigned from
City service, who will provide no services in return for the $40,000
gift, and who has left voluntarily with a much smaller severance
package.
Additionally, providing such a lavish severance package creates
a precedent which will make similar "deals" in the future much more
likely. Finally, the motion improperly usurps the executive authority
of the Mayor to appoint and supervise the department heads. I
respectfully request your concurrence with this veto.
DMA/m
cc: Donna McAllister, City Clerk