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03/03/1997CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Ted Sherwood at 7:04 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 3, 1997. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia. Alderman Chiropolos was absent. Also present were: City Treasurer Fredricks, City Manager Douthwaite, Assistant to the City Manager Carter, Director of Economic Development Klaus, Director of Finance & Administration Egeberg, Police Chief Sturlini, Deputy Fire Chief Pratt, Public Works Administrative Assistant Tozzo, City Engineer Oakley, Emergency Communications Director Ornberg, Director of Human Resources and Services Merriman, and City Attorney Wiltse. PRAYER AND PLEDGE: PRESENTATION/ YOUTH CENTER UPDATE: CONSENT AGENDA: MINUTES: Consent Agenda CUMBERLAND CIRCLE: 127. 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, MARCH 3, 1997 The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Mayor Sherwood introduced Marlene Pasdo, Chairman of the Des Plaines Youth Commission, who brought the City Council up -to -date on the status of the proposed Youth Center which is tentatively scheduled to open after spring break in April or May at Chippewa and Algonquin Schools. School District #62 has committed space and staff to this program. A job description for the executive director was prepared, the job was advertised, and now the Commission is in the final selection stage. Teen identification cards will be prepared for all youths up to age 16, at which time the card will expire. It will be a picture ID to be used to enter the Youth Center, school functions, and also can be shown to businesses around town for discounted services. All schools are cooperating. Mrs. Pasdo stated that she will keep the City Council informed of their progress. Alderman Elstner requested that Items 2 and 15 be removed from the Consent Agenda. Moved by Higgason, seconded by Curley, to establish a Consent Agenda except for Items 2 and 15. Motion declared carried. Moved by Christiansen, seconded by Beauvais, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. The minutes were approved. The Staff recommendations and requests were approved; Ordinances M -8 -97, T -4 -97, and Z -4 -97 were adopted; Ordinances M- 11 -97, M -12 -97 and M- 13-97 were placed on First Reading. Moved by Christiansen, seconded by Beauvais, to approve minutes of regular meeting of the City Council held February 18, 1997, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Higgason, to not concur with the recommendation of Committee of the Whole held February 24, 1997, that no action be taken to reconfigure PAGE TWO 128. 3/3/97 CUMBERLAND the Cumberland Circle and the Staff be authorized to CIRCLE immediately begin working with the Illinois Department (Cont'd.) of Transportation (IDOT) to improve the signage and pavement markings in and around the Cumberland Circle, and make a NEW motion that the Staff be authorized to immediately begin working with the Illinois Department of Transportation (IDOT) to improve the signage and pavement markings in and around the Cumberland Circle; the Police Department begin immediately to keep a separate file on the Cumberland Circle regarding accidents, i.e. time of accidents, manhours involved, cost of police and fire response; and if the accident rate has not decreased after fifteen (15) months, IDOT be asked to meet again with the City Council. Motion declared carried. Mayor Sherwood asked that the record show his opposition to this motion. EMERGENCY Moved by Christiansen, seconded by Beauvais, to concur COMMUNICA. with recommendation of City's Job Evaluation Committee TRG. SUPV.- and Staff, to approve change of position classification SPECIALIST and new job description for Emergency Communication POSITION: Specialist to Emergency Communication Training Consent Supervisor - Specialist; with a 1996 -1997 salary range of Agenda $30,490 - $40,053; and further recommend to place on First Reading Ordinance M- 11 -97, AN ORDINANCE AMENDING Ordinance SCHEDULE VII "COMMUNICATION OPERATORS GROUP," OF SECTION M -11 -97 1 -15 -4 "CLASSIFICATION PLAN TO THE CITY SERVICE," OF CHAPTER 15, TITLE I, OF THE CITY CODE OF DES PLAINES, TO CHANGE THE POSITION CLASSIFICATION OF "COMPUTER ANALYST" TO "COMPUTER SYSTEMS SPECIALIST," AND TO ADD THERETO A NEW POSITION CLASSIFICATION OF "EMERGENCY COMMUNICATIONS TRAINING SUPERVISOR /SPECIALIST." Motion declared carried as approved unanimously under Consent Agenda. VIOLATION Moved by Christiansen, seconded by Beauvais, to concur FINES FOR with Staff recommendation to amend Title V, Chapter 5, TAXICABS: Section 5 -5 -33.1 - "Penalties" of the City Code to Consent establish specific violation fines for the City's taxicab Agenda ordinance; and further recommend to place on First Reading Ordinance M- 12 -97, AN ORDINANCE AMENDING SECTION Ordinance 5 -5 -33.1 "PENALTIES" OF CHAPTER 5, "OTHER BUSINESSES," M -12 -97 TITLE V, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO SPECIFIC VIOLATION FINES FOR SECTIONS 5- 5 -8.1, 5- 5 -8.5, 5- 5 -8.6, 5 -5 -25.1, 5- 5- 25.6(A)(1), 5- 5- 25.6(B)(1), 5 -5- 25.8, 5 -5- 25.10, 5- 5- 25.11(B) AND 5- 5- 25.11(C) OF SAID CHAPTER 5. Motion declared carried as approved unanimously under Consent Agenda. TEMPORARY Moved by Christiansen, seconded by Beauvais, to concur PARKING with Staff recommendation to authorize the creation of RESTRICTION/ a temporary bus and taxi cab stand on the north side of ELLINWOOD: Ellinwood Street, between Lee Street and Pearson Street, Consent until the area is needed for redevelopment; and further Agenda recommend to place on First Reading Ordinance M- 13 -97, AN ORDINANCE AUTHORIZING THE CREATION OF A TEMPORARY BUS Ordinance AND TAXI CAB STAND ON THE NORTH SIDE OF ELLINWOOD STREET, M -13 -97 BETWEEN LEE STREET AND PEARSON STREET. Motion declared carried as approved unanimously under Consent Agenda. FENCE Moved by Christiansen, seconded by Beauvais, to concur VARIATION/ with Staff recommendation to grant request for Variation 630 DURSEY: to Section 6 -7 -1 of the City Code to permit installation Consent of a 6' high board -on -board privacy fence in the Agenda secondary front yard along Wolf Road, to run approximately 187' and 25' back of building line, contingent upon petitioner not extending the 6' privacy fence beyond the front of the house, on property located at 630 Dursey Lane. Motion declared carried as approved unanimously under Consent Agenda. ENGINEERING SERVICES/ 1998 CAPITAL IMPROVEMENTS: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda APPOINTMENT: PAGE THREE 129. 3/3/97 Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation to accept proposal from Hampton, Lenzini and Renwick, Inc., 380 Shepard Drive, Elgin, IL 60123, to perform topographic surveying and drafting for street improvement work proposed in the 1998 Capital Improvement Program, in the amount of $14,522 /General Improvement Fund of the C.I.P. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Turf Mowing and Landscape Maintenance 1997 - Various Locations, returnable by 3:00 p.m., Friday, March 21, 1997. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Installation of New Lighting for Vehicle Maintenance Garage, returnable by 3:00 p.m., Friday, March 21, 1997. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for New Camera Security System, Des Plaines Civic Center, returnable by 3:00 p.m., Friday, March 21, 1997. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Concrete Restoration - Various Locations, returnable by 3:00 p.m., Friday, March 21, 1997. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 1997 50/50 Sidewalk, Curb and Pavement Replacement Program, returnable by 3:00 p.m., Thursday, March 27, 1997. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Des Plaines Water Pumping Station Roof Repairs, returnable by 3:00 p.m., Thursday, March 27, 1997. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) New 1997 Heavy Duty Four -Wheel Drive Articulated End Loader, returnable by 3:00 p.m., Thursday, March 27, 1997. Motion declared carried as approved unanimously under Consent Agenda. Alderman Elstner expressed his concern about the proposed mayoral appointment of Mr. Richard M. Carrigan, Jr. to the DES PLAINES ECONOMIC DEVELOPMENT COMMISSION, inasmuch as Mr. Carrigan has only been in town six (6) weeks. Alderman Higgason stated her same concern. Alderman Elstner stated that he would like to introduce another name for consideration. Mayor Sherwood stated that that was not his prerogative and suggested Alderman Elstner read the ordinance. Mayor Sherwood asked Director of Economic Development Klaus to give the City Council some background information about Mr. Carrigan. Mr. Klaus stated that APPOINTMENT (Cont'd.) ORDINANCE M -8 -97 DELETE COMM. HEALTH ADV. COMMISSION: Consent Agenda ORDINANCE T -4 -97 PARKING LIMITATION/ PEARSON ST.: Consent Agenda ORDINANCE Z -4 -97 SPECIAL USE/ 1199 ELMHURST: Consent Agenda BID REVIEW/ 1997 STREETSCAPE IMPROVEMENTS: PAGE FOUR 130. 3/3/97 Mr. Carrigan has actually been in town longer than six (6) weeks; he came before the City Council on November 20, 1995, when his firm applied for a 6b Real Estate Classification. City Manager Douthwaite advised the City Council that this appointment is only being considered this evening and will come before them again on March 17, 1997, for final action. Moved by Beauvais, seconded by Christiansen, to consider Mayoral appointment of Richard M. Carrigan,, Jr. to the DES PLAINES ECONOMIC DEVELOPMENT COMMISSION, replacing James Ogg. Upon roll call, the vote was: AYES: 5- Beauvais, Christiansen, Curley, Sarlo, Arredia NAYS: 2- Elstner, Higgason ABSENT: 1- Chiropolos Motion declared carried (final action on this matter under Unfinished Business on March 17, 1997). Moved by Christiansen, seconded by Beauvais, to adopt Ordinance M -8 -97, AN ORDINANCE AMENDING TITLE II "COMMISSIONS AND BOARDS," OF THE CITY CODE OF DES PLAINES, TO DELETE THEREFROM CHAPTER 1 "COMMUNITY HEALTH ADVISORY COMMISSION," IN ITS ENTIRETY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to adopt Ordinance T -4 -97, AN ORDINANCE AMENDING SECTION 10-5 - 5(D)3. OF SCHEDULE II, CHAPTER 5, TITLE X, OF THE CITY CODE OF DES PLAINES, TO DELETE THEREFROM "ELLINWOOD STREET, SOUTH TO THE ALLEY ADJACENT TO 767 PEARSON STREET" AND ADD THERETO "PEARSON STREET, ELLINWOOD STREET TO A POINT 90 FEET SOUTH OF ELLINWOOD STREET, EAST SIDE OF THE STREET." Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to adopt Ordinance Z -4 -97, AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO ALLOW FOR THE TOTAL RECONSTRUCTION OF AN EXISTING SPEEDWAY GAS STATION WITH A NEW MINIMART IN C -2 COMMERCIAL DISTRICT ON THE PROPERTY COMMONLY KNOWN AS 1199 ELMHURST ROAD (CASE NO. 97- 3 -SU). Motion declared carried as approved unanimously under Consent Agenda. Mayor Ted Sherwood declared that the City Council was now resolved into a Committee of the Whole ENGINEERING - Alderman Christiansen, Vice Chair Moved by Arredia, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council to award bid for 1997 Streetscape Improvements, including a four - inch concrete underlayment, to the lowest bidder, Alliance Contractors, Inc., 1166 Lake Avenue, Woodstock, IL, 60098, in the amount of $517,412.19 /Downtown Tax Increment Finance District Funds (TIF). Mr. John Yaccino, 1779 Cora Street, addressed the City Council, stating that there is an easier, better and less expensive way to pave sidewalks; put in a grate and use a red dye; doesn't understand why the City has to go with bricks. PAGE FIVE STREETSCAPE City Engineer Oakley stated that the method Mr. Yaccino (Cont'd.) described looks cheap; difficult to match the dye. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council, stating that the City should be concerned about safety; would rather have something that looks cheap, than endanger people. BID REVIEW/ 1997 STREET IMPROVEMENTS: STRUCTURAL ENGINEERING SERVICES/ DES PLAINES MALL DEMOLITION: 131. 3/3/97 Mrs. Lynn Frycek, 1780 S. Lee Street, addressed the City Council, stating that the proposed streetscape improvements is a wonderful idea; maybe the City should call other communities to see how many law suits they have had with paver bricks. Alderman Beauvais expressed her opposition to using paver bricks; is concerned about safety; there is no assurance that the bricks won't buckle due to soil moisture. Motion declared carried. Alderman Beauvais voted no. Moved by Beauvais, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council to award bid for CONTRACT A of 1997 Street Improvements to the lowest bidder, Hardin Paving, 165 W. Hintz Road, Wheeling, IL 60090, in the amount of $1,784,803.22/ General Improvement Fund - $1,619,803.22 and Water Fund - $165,000. Motion declared carried. Moved by Beauvais, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council to award bid for CONTRACT B of 1997 Street Improvements to the lowest bidder, J. A. Johnson Paving Company, 1025 E. Addison Court, Arlington Heights, IL 60005, in the amount $1,659,790 /General Improvement Fund - $823,527.50, Murtishi Subdivision Escrow Account - $36,262.50, Motor Fuel Tax Funds - $800,000, and City Clerk be authorized to execute and certify Illinois Department of Transportation (IDOT) Resolution, Section 97- 00172 -00 RS, in the amount of $800,000 in order to use Motor Fuel Tax Funds. Motion declared carried. Moved by Beauvais, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council to award bid for CONTRACT C of 1997 Street Improvements to the lowest bidder, Hardin Paving Company, 165 W. Hintz Road, Wheeling, IL 60090, in the amount of $1,995,257.75/ Water Fund - $535,000 and General Improvement Fund - $1,460,257.75. Motion declared carried. Moved by Sarlo, seconded by Arredia, to recommend to the City Council to accept proposal from Kolbjorn Saether and Associates, Inc., 1062 W. Chicago Avenue, Chicago, IL 60622, to perform Structural Engineering Services to convert the bank building basement wall next to the Des Plaines Mall to an exterior wall, in preparation of the Des Plaines Mall demolition, in the amount of $7,480, plus reimbursable expenses of $1,000, for a not -to- exceed amount of $8,480, at an average estimated hourly rate of $85. Alderman Curley included in the dollar amount. included to more questioned why the hourly rate was motion when there is a not -to- exceed Alderman Sarlo stated that it was clearly define the cost. Moved by Curley, seconded by Higgason, to adopt a substitute motion to concur with Staff recommendation and recommend to the City Council to accept proposal from Kolbjorn Saether and Associates, Inc., 1062 W. Chicago Avenue, Chicago, IL 60622, to perform Structural Engineering Services to convert the bank building PAGE SIX 132. 3/3/97 DES PLAINES basement wall, next to the Des Plaines Mall, to an MALL exterior wall, in preparation of the Des Plaines Mall (Cont'd.) demolition, in the amount of $7,480, plus reimbursable expenses of $1,000, for a not -to- exceed amount of $8,480. Motion declared carried. FINANCE & ADMINISTRATION - Alderman Christiansen, Chair WARRANT Moved by Arredia, seconded by Elstner, to concur with REGISTER: Staff recommendation and recommend to the City Council approval of March 3, 1997 Warrant Register, in the amount of $1,270,123.85; and further recommend that Resolution R -11 -97 be adopted at appropriate time this evening. Motion declared carried. PUBLIC WORKS - Alderman Elstner, Chair BID REVIEW/ Moved by Sarlo, seconded by Christiansen, to concur with PORTABLE AIR Staff recommendation and recommend to the City Council COMPRESSOR: to award bid for One (1) 1997 Portable Air Compressor for the Public Works Department to the lowest bidder to meet specifications, Portable Tool Sales /Service, 3425 Busse Road, Mt. Prospect, IL 60056, in the total bid amount of $11,235/1997 Water Fund C.E.R.F. Motion declared carried (final action on this matter under Consent Agenda on March 17, 1997). BUILDING CODE - Alderman Arredia, Chair DRIVEWAY Petitioners Dave and Lynn Frycek, 1780 S. Lee Street, VARIATION/ addressed the City Council regarding their request for 1780 LEE: a Variation to permit construction of a hard surface circular driveway on their property. Moved by Curley, seconded by Sarlo, to not concur with Staff recommendation to deny, and recommend to the City Council to grant request for Variation to Section 111.7.1 of the Building Code to permit construction of a hard surface circular driveway over an existing unimproved circular driveway on property located at 1780 S. Lee Street. Motion declared carried (final action on this matter under Consent Agenda on March 17, 1997). Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. REDEVELOP. Moved by Sarlo, seconded by Curley, to concur with AGREEMENT/ recommendation of Committee of the Whole held February PLAINES 17, 1997, that City enter into a Redevelopment Agreement TOWN with Plaines Town Center, L.L.C., 350 W. Hubbard, Suite CENTER: 301, Chicago, IL 60610, for redevelopment of the 6.2 acres of land bounded by the Union Pacific Railroad Ordinance tracks on the north, Pearson Street on the east, Prairie M - 15 - 97 Avenue on the south and Lee Street on the west; contingent upon inclusion of the Operating & Maintenance (O &M) Agreement; and further recommend to place on First Reading Ordinance M- 15 -97, AN ORDINANCE AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO A REDEVELOPMENT AGREEMENT WITH PLAINES TOWN CENTER, L.L.C. Upon roll call, the vote was: AYES: 6- Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 1- Beauvais ABSENT: 1- Chiropolos Motion declared carried (final action on this matter under Unfinished Business on March 17, 1997). BID AWARD/ 1997 STREETSCAPE IMPROVEMENTS: BID AWARD/ 1997 STREET IMPROVEMENTS: STRUCTURAL ENGINEERING SERVICES/ DES PLAINES MALL DEMOLITION: PAGE SEVEN 133. 3/3/97 Moved by Christiansen, seconded by Sarlo, to concur with recommendation of Committee of the Whole to award bid for 1997 Streetscape Improvements, including a four -inch concrete underlayment, to the lowest bidder, Alliance Contractors, Inc., 1166 Lake Avenue, Woodstock, IL 60098, in the amount of $517,412.19 /Downtown Tax Increment Finance District Funds (TIF). Upon roll call, the vote was: AYES: 6- Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 1- Beauvais ABSENT: 1- Chiropolos Motion declared. carried. Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole to award bid for CONTRACT A of 1997 Street Improvements to the lowest bidder, Hardin Paving, 165 W. Hintz Road, Wheeling, IL 60090, in the amount of $1,784,803.22/ General Improvement Fund - $1,619,803.22 and Water Fund - $165,000. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole to award bid for CONTRACT B of 1997 Street Improvements to the lowest bidder, J. A. Johnson Paving Company, 1025 E. Addison Court, Arlington Heights, IL 60005, in the amount of $1,659,790 /General Improvement Fund - $823,527.50, Murtishi Subdivision Escrow Account - $36,262.50, Motor Fuel Tax Funds - $800,000, and City Clerk be authorized to execute and certify Illinois Department of Transportation (IDOT) Resolution, Section 97- 00172 -00 RS, in the amount of $800,000 in order to use Motor Fuel Tax Funds. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole to award bid for CONTRACT C of 1997 Street Improvements to the lowest bidder, Hardin Paving Company, 165 W. Hintz Road, Wheeling, IL 60090, in the amount of $1,995,257.75/ Water Fund - $535,000 and General Improvement Fund - $1,460,257.75. Upon roll call, the vote was; AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole to accept proposal from Kolbjorn Saether and Associates, Inc., 1062 W. Chicago Avenue, Chicago, IL 60622, to perform Structural Engineering Services to convert the bank building basement wall, next to the Des Plaines Mall, to an exterior wall, in preparation of the Des Plaines Mall demolition, in the amount of $7,480 plus reimbursable expenses of $1,000, for a not -to- exceed amount of $8,480. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. PAGE EIGHT 134. 3/3/97 WARRANT Moved by Christiansen, seconded by Elstner, to concur REGISTER: with recommendation of Committee of the Whole to adopt Resolution R- 11 -97, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R -11 -97 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $1,270,123.85. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. ORDINANCE Moved by Beauvais, seconded by Christiansen, to advance M -12 -97 to Second Reading and adopt Ordinance M- 12 -97, AN VIOLATION ORDINANCE AMENDING SECTION 5 -5 -33.1 "PENALTIES" OF FINES FOR CHAPTER 5 "OTHER BUSINESSES," TITLE V, OF THE CITY CODE TAXICABS: OF DES PLAINES, TO ADD THERETO SPECIFIC VIOLATION FINES FOR SECTIONS 5- 5 -8.1, 5- 5 -8.5, 5- 5 -8.6, 5 -5 -25.1, 5 -5- 25.6(A)(1), 5- 5- 25.6(B)(1), 5 -5 -25.8, 5 -5- 25.10, 5 -5- 25.11(B) AND 5- 5- 25.11(C) OF SAID CHAPTER 5. Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Elstner, Higgason, Sarlo, Arredia NAYS: 1- Curley ABSENT: 1- Chiropolos Motion declared carried. ORDINANCE Moved by Beauvais, seconded by Christiansen, to advance M -13 -97 to Second Reading and adopt Ordinance M- 13 -97, AN TEMPORARY ORDINANCE AUTHORIZING THE CREATION OF A TEMPORARY BUS AND PARKING TAXI CAB STAND ON THE NORTH SIDE OF ELLINWOOD STREET, RESTRICTION/ BETWEEN LEE STREET AND PEARSON STREET. Upon roll call, ELLINWOOD: the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. EXECUTIVE Moved by Beauvais, seconded by Higgason, to go into SESSION: Executive Session to discuss pending litigation, collective bargaining and personnel. Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 2- Elstner, Chiropolos Motion declared carried. City Council recessed at 9:51 p.m. City Council reconvened at 10:27 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia. PENDING Moved by Beauvais, seconded by Christiansen, that City LITIGATION/ Attorney be authorized to proceed as directed in DIAMOND V. Executive Session regarding Diamond v. Dana Corporation DANA CORP. and City of Des Plaines. Upon roll call, the vote was & CITY: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. 1 1 1 PAGE NINE 135. 3/3/97 ADJOURNMENT: Moved by Beauvais, seconded by Christiansen, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:29 p.m. APPROVED BY ME THIS 1D DAY OF Ted Sherwood, MAYOR , 1997 (: 1;; LI/1-1L- Donna McAllister, CMC /AAE - CITY CLERK