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09/15/1997MINUTES 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 15, 1997 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Paul W. Jung at 7:00 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, September 15, 1997. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Sarlo, Smith, Arredia. Alderman Brookman was absent. Alderman Brookman arrived at 8:55 p.m. Also present were: Acting City Manager and Fire Chief Farinella, Director of Finance & Administrative Services Egeberg, Police Chief Sturlini, City Engineer Oakley, Building Official Molinari, Public Works Administrative Assistant Tozzo, Assistant City Attorney Gruber, and City Attorney Wiltse. PRAYER AND The opening prayer was given by Alderman Arredia, PLEDGE: followed by the Pledge of Allegiance to the Flag. CITIZEN Mr. John Yaccino, 1779 Cora Street, addressed the City COMMENTS: Council stating that the City "missed the boat" in appropriating $103,000 for the lobby remodeling; there are many local qualified businesses that should have been considered. CONSENT Moved by Higgason, seconded by Beauvais, to establish a AGENDA: Consent Agenda. Motion declared carried. Moved by Elstner, seconded by Beauvais, to approve the Consent Agenda. Item 14 was pulled after the motion was made and held for further review. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1- Brookman Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinances M- 60 -97, M- 61 -97. M- 62-97 and T -8 -97 were adopted; Ordinances M- 63 -97, M -64- 97 and M -65 -97 were placed on First Reading; and Resolutions R- 46 -97, R- 47 -97, R- 48 -97, R -49 -97 and R -50- 97 were adopted. EXEC. SESS. Moved by Elstner, seconded by Beauvais, to approve MINUTES: minutes of the Executive Session of the City Council held Consent September 2, 1997. Motion declared carried as approved Agenda unanimously under Consent Agenda. ENHANCED Moved by Elstner, seconded by Beauvais, to concur with 9 -1 -1 recommendation of Committee of the Whole held September NETWORK 2, 1997, that the City enter into Enhanced 9 -1 -1 Network AGREEMENT/ Agreement with Ameritech to service 43,000 access lines AMERITECH: utilizing the 5 -year pre - payment plan in the amount of Consent $353,235 /Reserve Funds, effective November 1, 1997 to Agenda October 31, 2002. Motion declared carried as approved unanimously under Consent Agenda. LIQ. LIC. Moved by Elstner, seconded by Beauvais, to concur with 1414 recommendation of Committee of the Whole held September OAKTON ST.: 2, 1997, to approve change of ownership for Class A Consent Liquor License for property located at 1414 Oakton Agenda Street, d /b /a Black Ram Restaurant, contingent upon verification of fingerprints and confirmation of corporate change. Motion declared carried as approved unanimously under Consent Agenda. REFINANC. INDUSTRIAL BONDS/ 2175 E. TOUHY AVE.: Consent Agenda Ordinance M -63 -97 POLICE DOG: Consent Agenda Ordinance M -64 -97 MILITARY SERVICE CREDIT/ IMRF: Consent Agenda Resolution R -46 -97 PUBLIC IMPROVEMENTS/ DELGADO'S SECOND RESUBDIV.: Consent Agenda Resolution R -47 -97 PAGE TWO 236. 9/15/97 Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to authorize City to act as "Issuer" in the refinancing of Industrial Bonds in the amount of $7,130,000 for Comfort Inn O'Hare, 2175 E. Touhy Avenue (originally issued in part by the City on March 17, 1996 for the acquisition and construction of the "Comfort Inn Project "); City to receive a service fee of $10,500; Mayor and City Clerk be authorized to execute necessary documents; and further recommend to place on First Reading Ordinance M- 63 -97. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, to advance to Second Reading and adopt Ordinance M- 63 -97, AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS, SERIES 1997 -A (CP PARTNERS, L.L.C. PROJECT) OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, IN THE AGGREGATE PRINCIPLE AMOUNT OF $6,775,000 AND TAXABLE VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1997 -B (CP PARTNERS, L.L.C. PROJECT) OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, IN THE AGGREGATE PRINCIPLE AMOUNT OF $355,000, AND CONFIRMING THE SALE THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, AN INDENTURE OF TRUST, A REMARKETING AGREEMENT, A PURCHASE CONTRACT AND RELATED DOCUMENTS; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT; AND RELATED MATTERS. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1- Brookman Motion declared carried. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to amend Title III, Chapter 1 - "Police Department," to add two (2) new sections to allow for a penalty for any person found guilty of killing or injuring a police dog, with a fine equivalent of the replacement costs for the dog and training; and further recommend to place on First Reading Ordinance M- 64 -97, AN ORDINANCE AMENDING CHAPTER 1 "POLICE DEPARTMENT," OF TITLE III "DEPARTMENTS," OF THE CITY CODE OF DES PLAINES, TO ADD THERETO TWO NEW SECTIONS 3 -1 -5 "TEASING, STRIKING OR TAMPERING WITH A POLICE DOG PROHIBITED" AND 3 -1 -6 "INJURING OR KILLING A POLICE DOG PROHIBITED." Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation that City adopt the Illinois Municipal Retirement Fund Credit for Military Service Program to allow service credit to member employees who served in the armed forces of the United States for up to two (2) years of service, prior to their participation in IMRF; and further recommend to adopt Resolution R -46- 97, A RESOLUTION AUTHORIZING THE EXECUTION TO ALLOW SERVICE CREDIT FOR MILITARY SERVICE PRIOR TO PARTICIPATION IN THE ILLINOIS MUNICIPAL RETIREMENT FUND. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to accept Public Improvements that include sanitary and storm sewers, a water service, driveway approaches and restoration of street pavement and parkways, for Delgado's Second Resubdivision, 2169 S. Wolf Road; release public improvement surety of $5,887.50 and cash guarantee (tree bond) of $900 ($2,630.15 cash warranty to be held for 18 months); and further recommend to adopt Resolution R- 47 -97, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS IN DELGADO' S R -47 -97 (Cont'd.) PUBLIC IMPROVEMENTS/ MEADOWLAKE II SUBDIVISION: Consent Agenda Resolution R -48 -97 INTERGOVER. AGREEMENT/ YOUTH DROP - IN PROGRAM: Consent Agenda Resolution R -49 -97 "AGREED RIDER " / AT &T RIGHT - OF -WAY PERMIT: Consent Agenda Resolution R -50 -97 FENCE VARIATION/ 911 MARSHALL: Consent Agenda PATIO VARIATION/ 1320 MIDDLETON: Consent Agenda PAGE THREE 237. 9/15/97 SECOND SUBDIVISION, 2169 SOUTH WOLF ROAD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to accept Public Improvements that include a water service, on -site and off -site storm sewers, sanitary sewers, culverts, driveway approaches, parkway grading and restoration, for Meadowlake II Subdivision, Church Street and Good Avenue; release public improvement surety of $1,000 and cash guarantee (tree bond) of $1,200 ($4,948.25 cash warranty to be held for 18 months); and further recommend to adopt Resolution R- 48 -97, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS IN THE MEADOWLAKE II SUBDIVISION, CHURCH STREET AND GOOD AVENUE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute an Intergovernmental Agreement with Maine Township for the establishment and maintenance of a Youth Drop -In Program at various sites; and further recommend to adopt Resolution R- 49 -97, A RESOLUTION OF THE CITY COUNCIL OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR INTERGOVERNMENTAL COOPERATION BY AND BETWEEN THE CITY OF DES PLAINES AND THE TOWNSHIP OF MAINE FOR ESTABLISHMENT AND MAINTENANCE OF A YOUTH DROP -IN PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute an "Agreed Rider" to the right -of- way permit issued to AT &T Corporation to install cable in its "loop" for service provisions to its customers; AT &T to pay the City an application, review and construction permit fee of $1,500 for regulatory and administrative costs which is not to be deemed compensation for use of the public right -of -way; and further recommend to adopt Resolution R- 50 -97. A RESOLUTION OF THE CITY COUNCIL OF DES PLAINES, ILLINOIS, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREED RIDER TO THE RIGHT -OF -WAY PERMIT ISSUED TO AT &T CORPORATION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 6 -7 -1 of the City Code for property located at 911 Marshall Drive to legalize partially completed 6' high, privacy fence (one- for -one replacement) in front yard along Munroe Circle South (Code requires front yard fences to not exceed 3 -1/2' in height and be at least 50% open); and petitioner pay a double permit fee of $56 for starting work without a fence permit. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to grant request for Variation to Section 515.0 of the Building Code for property located at 1320 Middleton Court to permit construction of a new patio that would extend 28.0' from the building foundation and contain approximately 1,000 sq. ft. (Code permits patios to extend 15' from the building foundation and possess a total area of 344 sq. ft.). Motion declared carried as approved unanimously under Consent Agenda. REJECT BIDS/ BOILER FOR MAPLE ST. STATION: Consent Agenda CAMERA SECUR. SYSTEM/ MAPLE ST. STATION: ADVERTISING FOR BIDS: Consent Agenda REAPPOINT- MENTS: Consent Agenda ORDINANCE M -65 -97 INFRASTRUC. MAINTENANCE FEE: Consent Agenda ORDINANCE M -60 -97 REFINANCING 1994 GO BONDS: Consent Agenda ORDINANCE M -61 -97 LICENSE AGREEMENT / 640 BENDING CT.: Consent Agenda ORDINANCE M -62 -97 PARKING RESTRICTION/ FIRST BANK PARK. LOT.: Consent Agenda PAGE FOUR 238. 9/15/97 Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation that City be authorized to reject all bids received on September 5, 1997 for New Boiler in the Maple Street Pumping Station, 2555 Maple Street, to explore other more cost effective options to improve heating within the station. Motion declared carried as approved unanimously under Consent Agenda. At the request of Alderman Sarlo, Mayor Jung removed from the Consent Agenda the matter of advertising for bids for Camera Security System for Maple Street Pumping Station, 2555 Maple Street, and referred it back to Staff for further review. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation that the City Clerk be authorized to advertise for bids for Woodland Townhomes Storm Sewer, returnable by 3:00 p.m., Thursday, October 9, 1997. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to consider Mayoral reappointments as follows: DES PLAINES PLAN COMMISSION - Jim Wilhelm DES PLAINES ZONING BOARD OF APPEALS - James Szabo CONSUMER PROTECTION COMMISSION - Maxine Hubbard Motion declared carried (final action on this matter under Consent Agenda on October 6, 1997). Moved by Elstner, seconded by Beauvais, to place on First Reading Ordinance M- 65 -97. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to advance to Second Reading and adopt Ordinance M- 65 -97, AN ORDINANCE AMENDING TITLE V "BUSINESS REGULATIONS" OF THE CITY CODE OF THE CITY OF DES PLAINES TO ADD THERETO A NEW CHAPTER 53 "TELECOMMUNICATIONS INFRASTRUCTURE MAINTENANCE FEE." Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1- Brookman Motion declared carried. Moved by Elstner, seconded by Beauvais, to adopt Ordinance M- 60 -97, AN ORDINANCE AUTHORIZING THE REFUND OF 1994B G.O. BONDS AND PORTIONS OF VARIOUS T.I.F., AND THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 1997D, OF THE CITY OF DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance M- 61 -97, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH MICHAEL BURDI, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 640 BENDING COURT, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance M- 62 -97, AN ORDINANCE AMENDING SECTION 10 -11 -8 "ELLINWOOD STREET PARKING LOT," OF CHAPTER 11 "PARKING LOTS," TITLE X, OF THE CITY CODE OF DES PLAINES, TO DESIGNATE 18 PARKING SPACES AS 2 -HOUR PARKING ONLY, MONDAY THROUGH FRIDAY. Motion declared carried as approved unanimously under Consent Agenda. EXEMPT RANK/ DEPUTY FIRE CHIEF: PAGE FIVE ENGINEERING - Alderman Elstner, Chair PUBLIC SAFETY - Alderman Smith, Chair 239. 9/15/97. ORDINANCE Moved by Elstner, seconded by Beauvais, to adopt T -8 -97 Ordinance T -8 -97, AN ORDINANCE AMENDING SECTION 10 -5 -17, PARKING SCHEDULE I, OF CHAPTER 5 "STOPPING, STANDING, PARKING," RESTRICTION/ TITLE X, OF THE CITY CODE OF DES PLAINES, TO DELETE CENTER ST.: THEREFROM "CENTER STREET, FROM THACKER STREET TO OAKTON Consent STREET, WEST SIDE OF STREET," AND TO ADD THERETO "CENTER Agenda STREET, FROM THACKER STREET TO 100 FT. SOUTH OF THACKER STREET, WEST SIDE OF STREET," AND "CENTER STREET, FROM 100 FT. NORTH OF ASHLAND AVENUE TO OAKTON STREET, WEST SIDE OF STREET;" AND AMENDING SECTION 10- 5- 5(F)(1.) TO ADD THERETO "CENTER STREET, FROM 100 FT. SOUTH OF THACKER STREET TO 100 FT. NORTH OF ASHLAND AVENUE, WEST SIDE OF STREET." Motion declared carried as approved unanimously under Consent Agenda. Mayor Paul W. Jung declared that the City Council was now resolved into a Committee of the Whole FINANCE & ADMINISTRATION - Alderman Christiansen, Chair COMPUTER City Engineer Oakley reviewed his memo of September 9, PROJECT 1997, in which he stated that proposals were solicited MANAGEMENT from computer network consultants to provide project SERVICES: management services for the detailed design and implementation of the City -wide computer network system. Of seven (7) requests for proposals solicited, two responses were received: Liberty Technology Advisors, Inc. in the amount of $31,500 and Group 1 Resources, Inc. in the amount of $53,900. Mr. Oakley stated that it was the recommendation of the Computer Task Force that Liberty Technology Advisors be hired to perform the work. Moved by Higgason, seconded by Arredia, to concur with Staff recommendation and recommend to the City Council to accept proposal from Liberty Technology Advisors, Inc., 350 Pfingsten Road, Suite 101, Northbrook, IL 60062, to provide project management services for the detailed design and implementation of the City -wide computer network system, in the not -to- exceed amount of $33,075 /Data Processing Budget and Customs Seized Assets Fund. Motion declared carried. Aldermen Beauvais and Christiansen voted no. WARRANT Moved by Arredia, seconded by Elstner, to concur with REGISTER: Staff recommendation and recommend to the City Council approval of September 15, 1997 Warrant Register, in the amount of $2,111,100,47; and further recommend that Resolution R -51 -97 be adopted at appropriate time this evening. Motion declared carried. BID REVIEW/ At the request of Alderman Elstner, the review of bids DES PLAINES for the Des Plaines Mall Demolition was held for MALL discussion at a Committee of the Whole meeting; date to DEMOLITION: be determined. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that if the City permitted this position for the Police Department, it should be made for the Fire Department too; we must treat our management people fairly; we have set a precedent by allowing the Police Department to do this. Mr. Serbin asked Mayor Jung how he felt about this matter. Mayor Jung stated that he EXEMPT RANK (Cont'd.) MINUTES/ SEPTEMBER 2, 1997: FUNDING SOURCES/ STREET SIDEWALK, & SEWER IMPROVEMENTS: FUNDING SOURCE/ SEWER IMPROVEMENTS (LEVEL 3): PAGE SIX 240. 9/15/97 supported Police Chief Sturlini when he requested this kind of position change, and he now supports this similar request from Fire Chief Farinella. Mr. Paul Glombowski, President - Des Plaines Fire Command Officer's Association, addressed the City Council in opposition to this position change; if the City does not have enough people applying, open the testing procedure to captains and lieutenants; it puts a ceiling on the promotions of a captain; this could present a management nightmare; this position change would not be good for the department. Moved by Christiansen, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council that Deputy Fire Chief(s) hired shall be a position exempt from the Board of Fire and Police Commissioner's jurisdiction; the Deputy Fire Chief(s) be hired from the rank of Captain or Lieutenant from within the Des Plaines Fire Department with the concurrence of the City Manager; may be removed from the position by the Fire Chief without cause; and further recommend that City Attorney be authorized to prepare necessary ordinance. Motion declared carried (further action on this matter under Unfinished business on October 6, 1997). Aldermen Sarlo and Arredia voted no. Mayor Paul W. Jung assumed the chair, and declared the City Council back in session. Moved by Beauvais, seconded by Arredia, to approve the minutes of regular meeting of the City Council held September 2, 1997, as published. Motion declared carried. Moved by Christiansen, seconded by Higgason, to concur with recommendation of Committee of the Whole held August 27, 1997, that the City issue 15 -Year General Obligation Bonds in the amount of $12.61 million to partially fund the following capital improvements: Street Reconstruction (Level 1 and 2) - $9.60 million; Street Resurfacing (Level 3) - $6.20 million; Alleys - $1.50 million; Sidewalk Repairs - $1.20 million; and Sewers (Level 1 and 2) - $2.00 million; for a total expenditure of $20.50 million. Moved by Beauvais, seconded by Arredia to amend the motion that the City issue 10 -Year General Obligation Bonds instead of 15 -Year General Obligation Bonds. Upon roll call, the vote was: AYES: 3- Beauvais, Christiansen, Arredia NAYS: 4- Elstner, Higgason, Sarlo, Smith ABSENT: 1- Brookman Motion declared failed. Upon roll on the original motion, the vote was: AYES: 6- Christiansen, Elstner, Higgason, Sarlo, Smith, Arredia NAYS: 1- Beauvais ABSENT: 1- Brookman Motion declared carried. Moved by Higgason, seconded by Smith, that the City implement a 20 -Year Sewer User Fee of $0.38 per 100 cubic feet to fund Sewer Improvements (Level 3). Upon roll call, the vote was: AYES: 5- Beauvais, Higgason, Sarlo, Smith, Arredia NAYS: 2- Christiansen, Elstner ABSENT: 1- Brookman Motion declared carried. PAGE SEVEN 241. 9/15/97 FINAL PLAT Moved by Christiansen, seconded by Smith, to concur with & VARIATION/ recommendation of Committee of the Whole held September 1201 & 1207 2, 1997, to approve Final Plat for Extended Stay TOUHY AVE.: Resubdivision for property located at 1201 and 1207 Touhy Avenue; Mayor and City Clerk be authorized to execute Plat; and DENY request for Variation to Section 9-12-9 - (B) of the Subdivision Regulations to provide a public sidewalk only along the Touhy Avenue frontage and not require a sidewalk along the Lee Street - Tollway right -of- way. Motion declared carried. ORDINANCE Moved by Arredia, seconded by Elstner, to adopt Ordinance Z -10 -97 Z -10 -97 - AS AMENDED, as approved by the City Council on AS AMENDED/ September 2, 1997. SPECIAL USE 1637 Moved by Elstner, seconded by Sarlo, to further amend WEBSTER: Ordinance Z- 10 -97, as follows: Paragraph 6b - delete the last two lines which read: "to the berm and then behind the entire length of the berm on Mr. Caputo's side of the berm;" and add instead "to the end of the parking spaces on the south side of the lot;" Paragraph 6e - delete the words "is to choose" and add instead "may make reasonable selections for..." Moved by Higgason, seconded by Christiansen, that there be a five (5) minute recess. Motion declared carried. The City Council recessed at 8:27 p.m. The City Council reconvened at 8:35 p.m. A general discussion on the location of the fence resumed. Alderman Brookman arrived at 8:55 p.m. Moved by Brookman, seconded by Higgason, that there be a five (5) minute recess. Upon roll call, the vote was: AYES: 5- Beauvais, Christiansen, Higgason, Brookman, Smith NAYS: 3- Elstner, Sarlo, Arredia ABSENT: 0 -None Motion declared carried. The City Council recessed at 8:56 p.m. The City Council reconvened at 9:00 p.m. Upon roll call on Alderman Elstner's amended motion, the vote was tied and Mayor Jung broke the tie. The roll call was as follows: AYES: 5- Beauvais, Christiansen, Sarlo, Smith, Jung NAYS: 4- Christiansen, Higgason, Brookman, Arredia ABSENT: 0 -None Motion declared carried. Moved by Brookman, seconded by Higgason, to appeal the ruling of the chair since Alderman Brookman stated that she had asked to be recognized before the roll call was begun so she could make a substitute motion. City Attorney Wiltse stated that the appeal was out of order since when a roll call is begun it may not be interrupted. Moved by Smith, seconded by Christiansen to reconsider Alderman Elstner's amended motion. Upon roll call, the vote was: AYES: 6- Beauvais, Christiansen, Higgason, Brookman, Smith, Arredia NAYS: 3- Elstner, Sarlo ABSENT: 0 - None Motion declared carried. vki Z -10 -97 (Con't.d) COMPUTER PROJECT MANAGEMENT SERVICES: WARRANT REGISTER: Resolution R -51 -97 EXECUTIVE SESSION: PENDING LITIGATION/ MELCHERT V. CITY: PAGE EIGHT 242. 9/15/97 Upon roll call on Alderman Elstner's amended motion, the vote was tied and Mayor Jung broke the tie. The roll call was as follows: AYES: 5- Beauvais, Elstner, Sarlo, Smith, Jung NAYS: 4- Christiansen, Higgason, Brookman, Arredia ABSENT: 0 -None Motion declared carried. Moved by Elstner, seconded by Sarlo, to adopt Ordinance Z -10 -97 - AS FURTHER AMENDED, AN ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO ALLOW THE CONSTRUCTION OF A PAVED PARKING LOT IN R -2 SINGLE FAMILY DISTRICT ON THE PROPERTY COMMONLY KNOWN AS 1637 WEBSTER LANE (CASE 95- 52 -SU). Upon roll call the vote was tied and Mayor Jung broke the tie. The roll call was as follows: AYES: 5- Beauvais, Elstner, Sarlo, Smith, Jung NAYS: 4- Christiansen, Higgason, Brookman, Arredia ABSENT: 0 -None Motion declared carried. Moved by Higgason, seconded by Smith, to concur with recommendation of Committee of the Whole to accept proposal from Liberty Technology Advisors, Inc., 350 Pfingsten Road, Suite 101, Northbrook, IL 60062, to provide project management services for the detailed design and implementation of the City -wide computer network system, in the not -to- exceed amount of $33,075 /Data Processing Budget and Customs Seized Assets Fund. Upon roll call, the vote was: AYES: 7- Beauvais, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 1- Christiansen ABSENT: 0 -None Motion declared carried. Moved by Christiansen, seconded by Arredia, to concur with recommendation of Committee of the Whole to adopt Resolution R- 51 -97, 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: $2,111,100,47. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Executive contract vote was: AYES: 8 NAYS: 0 Beauvais, seconded by Higgason, to go into Session to discuss review of City Manager's and pending litigation. Upon roll call, the - Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia - None ABSENT: 0 -None Motion declared carried. City Council recessed at 9:35 p.m. City Council reconvened at 10:29 p.m. Roll call indicated the following aldermen present: Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. Moved by Higgason, seconded by Christiansen, that City Attorney be authorized to proceed with the matter of Olga Melchert v. City as directed in Executive Session, and City retain Roddy, Power, Leahy, Guill, Zima & Gifford, Ltd., 162 W. Grand Avenue, Chicago, IL 60610, to handle this matter through and including trial. Upon roll call, the vote was: 1 1 1 MELCHERT AYES: 7- Christiansen, Higgason, Brookman, (Cont'd.) Sarlo, Smith, Arredia, Jung NAYS: 1- Elstner ABSENT: 1- Beauvais Motion declared carried. SALARY OF Moved by Higgason, seconded by Brookman, to concur with CITY MANAGER: consensus in Executive Session that City Manager Douthwaite receive a 3.5% salary increase for 1997 and a 3.5% salary increase for 1998; and in addition the City Manager will receive 1.5% for 1997 and 1.5% for 1998 as a buy -out agreement for reducing his severance package from 18 months to six (6) months. Upon roll call, the vote was: AYES: 8- Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia, Jung NAYS: 0 -None ABSENT: 1- Beauvais Motion declared carried. ADJOURNMENT: Moved by Elstner, seconded by Higgason, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:31 p.m. 7 Th APPRO D BY ME THIS DAY 004 / , 1997 Paul W / /JuM, MAYOR PAGE NINE 243. 9/15/97 Donna McAllister, CMC /AAE - CITY CLERK