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12/07/1998216 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 7, 1998 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, December 7, 1998. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. Also present were: City Manager Douthwaite, Assistant to the City Manager Johnson, Director of Finance Egeberg, Fire Chief Farinella, Police Chief Sturlini, Director of Public Works Shirley, City Engineer Oakley, Director of Community Development D'Onofrio, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel, and City Attorney Wiltse. PRAYER AND PLEDGE: The opening prayer was given by Pastor Charles Reed, United Pentecostal Church, followed by the Pledge of Allegiance to the Flag. PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, 1999 DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 7, APPROPRIA- 1998 TIONS: CALL TO Mayor Jung called the Public Hearing to order at 7:03 ORDER: p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the Proposed 1999 Budget and Appropriations Ordinance for fiscal year beginning January 1, 1999. DISCUSSION: Director of Finance Egeberg gave a brief overview. Mayor Jung asked for public comment. There was none. Mayor Jung announced that this matter will be discussed further under Committee of the Whole later in the evening. The Public Hearing adjourned at 7:05 p.m. The City Council reconvened at 7:06 p.m. PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, PROPOSED DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 7, VOLUNTARY 1998 ANNEXATION 110-150 E. TOUHY AVE.: CALL TO ORDER: Mayor Jung called the Public Hearing to order at 7:07 p.m. The Public Hearing is being held pursuant to legal notice to give citizens the opportunity to comment on the proposed Voluntary Annexation of 100-150 E. Touhy Avenue. DISCUSSION: Director of Community Development D'Onofrio reviewed his memo of December 1, 1998, and gave a brief overview of this matter. Mayor Jung asked for public comment. There was none. Mayor Jung announced that this matter would be discussed further under Committee of the Whole later in the evening. The Public Hearing adjourned at 7:09 p.m. 114 217 12/7/98 PAGE TWO The City Council reconvened at 7:10 p.m. CITIZEN Mr. Vince Powers, 862 Webster Lane, addressed the City PARTICIPA.: Council stating that many citizens have expressed to him an interest in establishing a Library District for Des Plaines; we now vote for Park District Board members and School Board members, why not the Library Board also; it would take a binding referendum which could be put on the April, 1999 ballot by either the City Council or by citizens; he asked for a written response from the City regarding establishing a Library District; this is a very important issue; he feels that the people want this. Mr. Rick Perry, 201 S. Vale Street, Arlington Heights, addressed the City Council regarding the recent case he had filed against the City, which was dismissed; he has filed a Motion Too Vacate Dismissal because the District Court and the City failed to do sufficient research on this matter; the hearing will be this Thursday, December 10, 1998. CONSENT Alderman Christiansen requested that Items 5 and 5a be AGENDA: removed from the Consent Agenda and Alderman Brookman requested that Items 9, 9a and 11 be removed. Moved by Higgason, seconded by Beauvais, to establish a Consent Agenda except for Items 5, 5a, 9, 9a and 11. Motion declared carried. Moved by Elstner, seconded by Brookman, to approve the Consent Agenda. 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. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-79-98, M-80-98, M-81-98, M- 82-98, M-83-98, Z-12-98 and Z-13-98 were placed on First Reading, and Resolutions R-68-98, R-69-98, and R-70•-98 were adopted. MINUTES: Moved by Elstner, seconded by Brookman, to approve the Consent minutes of the regular meeting of the City Council held Agenda November 16, 1998, as published. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE Moved by Elstner, seconded by Brookman, to concur with 98-25-A recommendation of Committee of the Whole held November MAP AMEND./ 16, 1998, re Zoning Case 98-25-A, to approve Map 1632 SPRUCE Amendment for properties located at 1632 Spruce Avenue & 1633 LEE: and 1633 Lee Street, to change current zoning from R-1 Consent Single Family Residential to C-3 Commercial to provide Agenda additional parking for U.S. Bank and St. Louis Bread Company Restaurant, contingent upon Staff recommended Ordinance conditions and revised site plan; and further recommend Z-12-98 to place on First Reading Ordinance Z-12-98, AN ORDINANCE GRANTING A REZONING FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT, AND AMENDING THE ZONING MAP ACCORDINGLY FOR 1632 SPRUCE AVENUE AND 1633 LEE STREET (CASE NO. 98-25-A). Motion declared carried as approved unanimously under Consent Agenda. BUSINESS Moved by Elstner, seconded by Brookman, to concur with LICENSE Staff recommendation to amend City Code regarding AMENDMENTS: qualifications for applicants for licenses of massage Consent parlors, amusements, merchants and intoxicating liquors, Agenda by adding to the list of items for which a license can be denied "pleas of guilty or findings of guilty;" and further recommend to place on First Reading: v4 BUS. LIC. (Cont'd.) Ordinance M-79-98 Ordinance M-80-98 Ordinance M-81-98 Ordinance M-82-98 ALCOHOL AWARENESS TRAINING: Consent Agenda Ordinance M-83-98 PARK. SPACES/ ELLINWOOD ST. PARKING LOT: ZONING CASE 98-28-V VARIATIONS/ 450 WESTERN: Consent Agenda Ordinance Z-13-98 MEMBERSHIP/ JULIE, INC.: Consent Agenda Resolution R-68-98 218 12/7/98 PAGE THREE Ordinance M-79-98 - AN ORDINANCE AMENDING SECTION 5-4- 16.3(C), 5-4-18.5(E) AND (F), AND 5-4-19.3(C) OF CHAPTER 4 "MERCHANTS," OF TITLE V "BUSINESS REGULATIONS," OF THE CITY CODE OF DES PLAINES; Ordinance M-80-98 - AN ORDINANCE AMENDING SECTIONS 5-6- 3 (D) (2) , 5-6-6 (A) (2) AND 5-6-10 (A) OF CHAPTER 6 "MASSAGE PARLORS," TITLE V, OF THE CITY CODE OF DES PLAINES; Ordinance M-81-98 - AN ORDINANCE AMENDING SECTIONS 5-2- 1.3(C) AND 5-2-3.2(C) OF CHAPTER 2 "AMUSEMENTS," OF TITLE V "BUSINESS REGULATIONS," OF THE CITY CODE OF DES PLAINES; and Ordinance M-82-98 - AN ORDINANCE AMENDING SUBSECTIONS 5-34-16(D),(I) AND (J) OF SECTION 5-34-16 "APPLICATION FOR LICENSE," OF CHAPTER 34 "INTOXICATING LIQUORS," TITLE V, OF THE CITY CODE OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to concur with Staff recommendation to amend Title V, Chapter 34 - "Intoxicating Liquors," to add a new Section 5-34-41 - Alcohol Awareness Training" to require all owners and managers of licensed liquor establishments to successfully complete an alcohol awareness training program accredited by the State of Illinois or conducted by the Des Plaines Police Department; and further recommend to place on First Reading Ordinance M-83-98, AN ORDINANCE AMENDING CHAPTER 34 "INTOXICATING LIQUORS," OF TITLE V "BUSINESS REGULATIONS," OF THE CITY CODE OF DES PLAINES, TO ADD THERETO A NEW SECTION 5-34-41 "ALCOHOL AWARENESS TRAINING." Motion declared carried as approved unanimously under Consent Agenda. City Clerk McAllister announced that the matter of changing parking spaces in the Ellinwood Street Parking Lot is being held for further review and will be on the Consent Agenda on December 21, 1998. Moved by Elstner, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 98-28-V, to approve variations, for property located at 450 Western Avenue, to permit a 1.5' setback of the parking lot curb instead of the required 3.5'; to permit a parking lot without interior landscaping instead of the required 5% minimum; to permit a parking lot without perimeter landscaping; to permit parking in the front yard setback along Western Avenue; and further recommend to place on First Reading Ordinance Z-13-98, AN ORDINANCE GRANTING A VARIATION TO SECTION 9.6-3 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT A PARKING LOT CURB SETBACK OF 1.5 FEET INSTEAD OF THE PERMITTED 3.5 FEET; A VARIATION TO SECTION 10.8-2 TO PERMIT NO INTERIOR PARKING LOT LANDSCAPING INSTEAD OF THE REQUIRED 5% MINIMUM; A VARIATION TO SECTION 10.8-3 TO ALLOW FOR NO PERIMETER PARKING LOT LANDSCAPING; AND A VARIATION TO SECTION 9.6-4 TO PERMIT TWO PARKING SPACES ON THE FRONT YARD SETBACK, IN R-4 CENTRAL CORE RESIDENTIAL DISTRICT, ON THE PROPERTY COMMONLY KNOWN AS 450 WESTERN AVENUE (CASE NO. 98-28-V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to concur with Staff recommendation to authorize Mayor and City Clerk to execute necessary documents for City to join the Illinois One -Call Notice System (JULIE, Inc.), which would require all contractors both public and private to call before performing any underground excavation, beginning January 1, 1999, at a projected annual cost of $3,000 (depending on actual number of calls received)/1999 Budget; and further recommend to adopt 219 12/7/98 PAGE FOUR JULIE, INC. Resolution R-68-98, A RESOLUTION AUTHORIZING THE (Cont'd.) EXECUTION OF DOCUMENTS NECESSARY FOR THE CITY OF DES PLAINES TO JOIN THE ILLINOIS ONE -CALL NOTICE SYSTEM COMMONLY KNOWN AS JULIE. Motion declared carried as approved unanimously under Consent Agenda. AGREEMENT/ Moved by Elstner, seconded by Brookman, to concur with METRICOM, Staff recommendation to authorize Mayor and City Clerk INC.: to execute Municipal Facilities Use Agreement with Consent Metricom, Inc., 980 University Avenue, Los Gatos, CA Agenda 95032, to permit Metricom to install transmitters on municipal property within right-of-ways, including street Resolution light poles; and Metricom to pay an annual fee of $60 per R-69-98 transmitter to cover the cost of permit fees, inspections and electrical usage contingent upon prior approval of Director of Public Works; and further recommend to adopt Resolution R-69-98, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH METRICOM, INC. Motion declared carried as approved unanimously under Consent Agenda. OPPOSING Moved by Brookman, seconded by Beauvais, to concur with ADDITIONAL Staff recommendation to authorize City to request the AREA CODES Illinois Commerce Commission to enforce the telephone TO ICC: number pooling proposal and other telephone number conservation measures before the imposition of any Resolution additional area codes and resist the need for eleven R-70-98 digit dialing within an area code; and further recommend to adopt Resolution R-70-98, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS. Motion declared carried. DRIVEWAY Moved by Elstner, seconded by Brookman, to concur with VARIATION/ recommendation of Staff Traffic Advisory Committee to 2001 RAND: grant request for Variation to Section 9-3-11 of the City Consent Code, from Wheels, Inc., 666 Garland Place, to permit an Agenda additional driveway at the northwest corner of their 2001 Rand Road property, which is on a non -residentially zoned double frontage lot that is on a right-of-way adjacent to a residentially zoned property; on the condition that "No Left Turn" signs be posted at the end of the driveway to prohibit additional traffic on Garland Place. Motion declared carried as approved unanimously under Consent Agenda. FINAL PLAT/ Moved by Brookman, seconded by Elstner, to concur with ANDREW BUDYS recommendation of Des Plaines Plan Commission to approve RESUBDIV. Final Plat of Resubdivision for Andrew Budys First 2222 Addition, on property located at 2222 Westview Drive; and WESTVIEW: further recommend that no sidewalks be required; and Mayor and City Clerk be authorized to execute amended Plat. Alderman Beauvais suggested that the money for the sidewalks be held until the sidewalks are necessary; it is an option to consider. Alderman Brookman stated that this suggestion was not a condition under which approval was given for other subdivisions. The owner of the property at 2222 Westview Drive addressed the City Council stating that he feels strongly that it will look strange to have sidewalks; there are no other sidewalks on the street; he wants to look like all the other homes. Alderman Sarlo stated that putting the money in escrow is an option that should be considered. Motion was declared carried on the motion. Alderman Sarlo voted no. pol 220 12/7/98 PAGE FIVE PURCHASE OF Moved by Elstner, seconded by Brookman, to concur with COMPUTER Staff recommendation to accept proposal from Computer PLOTTER: Discount Warehouse, 230 N. Milwaukee Avenue, Vernon Consent Hills, IL 60061, for One (1) Hewlett Packard, 2500 CP• -E - Agenda Size (36") Plotter, in the amount of $9,250/1998 Budget; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISING Moved by Elstner, seconded by Brookman, to concur with FOR BIDS: Staff recommendation that City Clerk be authorized to Consent advertise for bids for 1999 Leaf Grinding, returnable by Agenda 3:00 p.m., Tuesday, December 22, 1998. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) 1999 Heavy Duty Tandem Axle Dump Truck, returnable by 3:00 p.m., Friday, January 8, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) 1999 3/4 -Ton Heavy Duty Four -Wheel Drive Pickup Truck with mounted Plow, returnable by 3:00 p.m., Friday, January 15, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Three (3) Brush Chippers, returnable by 3:00 p.m., Friday, January 29, 1998. Motion declared carried as approved unanimously under Consent Agenda. MAYOR JUNG DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair PROPOSED Director of Community Development D'Onofrio reviewed his VOLUNTARY memo of December 1, 1998, regarding the request for a ANNEXATION/ voluntary annexation of property located at the northeast 100-150 E. corner of Touhy Avenue and Mt. Prospect Road, 100-150 E. TOUHY AVE.: Touhy Avenue, which is approximately five (5) acres in size. Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation and recommend to the City Council to grant request for voluntary annexation of property located at 100-150 E. Touhy Avenue, which will be zoned M-2 General Manufacturing; and further recommend that Ordinance A-1-98 be placed on First Reading at appropriate time this evening. Motion declared carried. FINANCE & ADMINISTRATION - Alderman Christiansen, Chair 1999 Moved by Elstner, seconded by Christiansen, to amend the APPROPRIA- proposed 1999 Appropriations to add $5,000 for Holiday TIONS: Decorations. Motion declared carried. Moved by Elstner, seconded by Smith, to recommend to the. City Council to approve proposed 1999 Appropriations - AS AMENDED, in the amount of $104,744,161; and further recommend that Ordinance M-85-98 be placed on First Reading at appropriate time this evening. _ APPROPRIA. (Cont'd.) 1998 TAX LEVY: 1998 TAX LEVY/SPEC. SVS. AREA #3: 1998 TAX LEVY/SPEC. SVS. AREA #4: 221 12/7/98 PAGE SIX Alderman Christiansen asked that the record show his opposition to the expenditure for purchase of a Sewer Televising Truck; Alderman Beauvais asked that the record show her opposition to the expenditure for Crack Sealant; and Alderman Arredia asked that the record show his opposition to the expenditure for purchase of a Sewer Television Truck and Computer Sign Making Machine. Motion declared carried on the motion to approve. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council to approve the 1998 Tax Levy in the sum of $12,534,749; and further recommend that Ordinance M-86-98 be placed on First Reading at appropriate time this evening. Alderman Sarlo asked that the record show his opposition to the funding for the Library in the amount of $2,941,669; and Aldermen Brookman and Arredia asked that the record show their opposition to the 10.19% increase in funding for the Library for 1999. Motion declared carried on the motion to approve. Moved by Higgason, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council to approve 1998 Tax Levy for Special Service Area Number Three (Cumberland Townhomes, 140-150 Northwest Highway) in the amount of $13,000, as provided in Ordinance M-42- 94; and further recommend that Ordinance M-87-98 be placed on First Reading at appropriate time this evening. Motion declared carried. Moved by Sarlo, seconded by Arredia, to concur with Staff recommendation and recommend to the City Council to approve 1998 Tax Levy for Special Service Area Number Four (Woodland Townhomes, 1560-1568 Woodland Avenue) in the amount of $2,000, as provided in Ordinance M-11-95; and further recommend that Ordinance M-88-98 be placed on First Reading at appropriate time this evening. Motion declared carried. ABATEMENT/ Moved by Higgason, seconded by Elstner, to concur with 1991 GO Staff recommendation and recommend to the City Council BONDS: to authorize abatement of 1991 General Obligation Corporate Purpose Bonds in the amount of $330,020, the total levy as provided in Ordinance M-53-91; and further recommend that Ordinance M-89-98 be placed on First Reading at appropriate time this evening. Motion declared carried. ABATEMENT/ Moved by Arredia, seconded by Higgason, to concur with 1993 GO Staff recommendation and recommend to the City Council BONDS: to authorize abatement of 1993 General Obligation Corporate Purpose Bonds in the amount of $84,311.29 of the $525,031.25 levy as provided in Ordinance M-15-93; and further recommend that Ordinance M-90-98 be placed on First Reading at appropriate time this evening. Motion declared carried. ABATEMENT/ Moved by Sarlo, seconded by Elstner, to concur with Staff 1994A GO recommendation and recommend to the City Council to BONDS: authorize abatement of 1994A General Obligation Corporate Purpose Bonds in the amount of $101,487.50 as provided in Ordinance M-88-94; and further recommend that Ordinance M-91-98 be placed on First Reading at appropriate time this evening. Motion declared carried. ABATEMENT/ Moved by Sarlo, seconded by Beauvais, to concur with 1996A AND Staff recommendation and recommend to the City Council 1996B GO to authorize abatement of 1996A and 1996B General BONDS: Obligation Corporate Purpose Bonds in the amount of A'� BONDS (Cont'd.) ABATEMENT/ 1997A -1997B - 1997C GO BONDS: ABATEMENT/ 1997D GO BONDS: ABATEMENT/ 1998 GO BONDS: WARRANT REGISTER: COST OPTIONS/ SPRINKLERS IN NEW PARKING GARAGE: 222 12/7/98 PAGE SEVEN $289,388 for Series 1996A and $71,520 for Series 1996B as provided in Ordinance M-64-96; and further recommend that Ordinance M-92-98 be placed on First Reading at appropriate time this evening. Motion declared carried. Moved by Elstner, seconded by Higgason, to concur with Staff recommendation and recommend to the City Council to authorize abatement of 1997A, 1997B and 1997C General Obligation Corporate Purpose Bonds in the amount of $59,753.76 for Series 1997A, $228,860 for Series 1997B and $401,500 for Series 1997C, as provided in Ordinance M-36-97; and further recommend that Ordinance M-93-98 be placed on First Reading at appropriate time this evening. Motion declared carried. Moved by Elstner, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council to authorize abatement of 1997D General Obligation Corporate Purpose Bonds in the amount of $726,000, the total levy as provided in Ordinance M-60-97; and further recommend that Ordinance M-94-98 be placed on First Reading at the appropriate time this evening. Motion declared carried. Moved by Elstner, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council to authorize abatement of 1998 General Obligation Corporate Purpose Bonds in the amount of $1,767,705.02 as provided in Ordinance M-24-98; and further recommend that Ordinance M-95-98 be placed on First Reading at appropriate time this evening. Motion declared carried. Alderman Beauvais voted no. Moved by Arredia, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council approval of December 7, 1998 - Warrant Register in the amount of $5,668,740.91, which includes $447.59 in expenditures to Home Depot; and further recommend that Resolution R-71-98 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving the $447.59 in expenditures to Home Depot - conflict of interest). MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Sarlo, seconded by Brookman, to concur with recommendation of Committee of the Whole held November 16, 1998, to NOT approve the cost option to sprinkler the first and second floors of the reconstructed parking garage in the downtown redevelopment area at a cost of $132,000. Upon roll call, the vote was: AYES: 4 -Christiansen, Elstner, Higgason, Sarlo NAYS: 5 -Beauvais, Brookman, Smith, Arredia, Jung ABSENT: 0 -None Motion declared failed. Moved by Smith, seconded by Brookman, to APPROVE cost option to sprinkler the first and second floors of the reconstructed parking garage in the downtown redevelopment area at a cost of $132,000. Upon roll call, the vote was: AYES: 2 -Brookman, Smith NAYS: 6 -Beauvais, Christiansen, Elstner, Higgason, Sarlo, Arredia ABSENT: 0 -None Motion declared failed. Moved by Arredia, seconded by Brookman, that the cost option to sprinkler the first and second floors of the reconstructed parking garage in the downtown SPRINKLERS (Cont'd.) COST OPTION/ SECURITY OFFICE IN NEW PARKING GARAGE: COST OPTION/ ELEVATOR IN NEW PARKING GARAGE: COST OPTION/ NEW WINDOWS IN STAIRWELLS IN NEW PARKING GARAGE: 223 12/7/98 PAGE EIGHT redevelopment area at a cost of $132,000, be the responsibility of Plaines Town Center, LLC. Moved by Christiansen, seconded by Higgason, to adopt: a substitute motion to reconsider the vote on the original motion to NOT approve the cost option to sprinkler the first and second floors of the reconstructed parking garage in the downtown redevelopment area at a cost of $132,000. Motion declared carried. Aldermen Brookman, Smith and Arredia voted no. Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole held November 16, 1998, to NOT approve the cost option to sprinkler the first and second floors of the reconstructed parking garage in the downtown redevelopment area at a cost of $132,000. Upon roll call, the vote was: AYES: 5 -Beauvais, Christiansen, Elstner, Higgason, Sarlo NAYS: 3 -Brookman, Smith, Arredia ABSENT: 0 -None Motion declared carried. Moved by Elstner, seconded by Christiansen, to concur with recommendation of Committee of the Whole held November 16, 1998, to NOT approve the cost option for a security office (with washroom) in the reconstructed parking garage in the downtown redevelopment area at a cost of $46,000. Moved by Brookman, seconded by Beauvais, adopt a substitute motion to table the matter of the cost option for a security office (with washroom) in the reconstructed parking garage in the downtown redevelopment area at a cost of $46,000, to the next meeting of the City Council on December 21, 1998. Motion declared carried. Aldermen Christiansen and Elstner voted no. Moved by Elstner, seconded by Higgason, to concur with recommendation of Committee of the Whole held November 16, 1998, to NOT approve the cost option to build a new elevator in the northwest corner of the reconstructed parking garage in the downtown redevelopment area at a cost of $24,000. Upon roll call, the vote was: AYES: 7 -Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith NAYS: 1-Arredia ABSENT: 0 -None Motion declared carried. Moved by Elstner, seconded by Christiansen, to concur with recommendation of Committee of the Whole held November 16, 1998, to NOT approve new windows in the stairwells of the reconstructed parking garage in the downtown redevelopment area at a cost of $23,192. Moved by Beauvais, seconded by Brookman, to adopt a substitute motion to table the matter of the cost option for new windows in the stairwells of the reconstructed parking garage in the downtown redevelopment area at a cost of $23,192, until the next meeting of the City Council on December 21, 1998. Upon roll call, the vote was: AYES: 5 -Beauvais, Brookman, Smith, Arredia, Jung NAYS: 4 -Christiansen, Elstner, Higgason, Sarlo ABSENT: 0 -None Motion declared carried. 224 12/7/98 PAGE NINE ORDINANCE Moved by Higgason, seconded by Christiansen, to adopt M-78-98 Ordinance M-78-98, AN ORDINANCE AMENDING SECTION 1-12-3 AUTH. OF "ENFORCING REGULATIONS," OF CHAPTER 12 "DIRECTOR OF DIR. OF PUBLIC WORKS," TITLE I "ADMINISTRATIVE," OF THE CITY CODE PUB. WKS.: OF DES PLAINES. 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. PROPOSED Moved by Sarlo, seconded by Arredia, to concur with VOLUNTARY recommendation of Committee of the Whole to grant request ANNEXATION/ for voluntary annexation of property located at 100-:L50 100-150 E. E. Touhy Avenue, which will be zoned M-2 General TOUHY AVE.: Manufacturing; and place on First Reading Ordinance A-1- 98, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF Ordinance DES PLAINES, COOK COUNTY, ILLINOIS (PROPERTY COMMONLY A-1-98 KNOWN AS 100-150 EAST TOUHY AVENUE, DES PLAINES, IL) AND AUTHORIZING AN ANNEXATION AGREEMENT. Motion declared carried (final action on this matter under Consent Agenda on December 21, 1998). 1999 Moved by Christiansen, seconded by Sarlo, to concur with APPROPRIA- recommendation of Committee of the Whole to approve 1999 TIONS: Appropriations - AS AMENDED, in the amount of $104,744,161; and place on First Reading Ordinance M -85 - Ordinance 98, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE M-85-98 EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1999 AND ENDING DECEMBER 31, 1999. Motion declared carried (final action on this matter under Consent Agenda on December 21, 1998). 1998 TAX Moved by Christiansen, seconded by Sarlo, to concur with LEVY: recommendation of Committee of the Whole to approve the 1998 Tax Levy in the sum of $12,534,749; and place on Ordinance First Reading Ordinance M-86-98, AN ORDINANCE LEVYING M-86-98 TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1998 AND ENDING DECEMBER 31, 1998. Alderman Sarlo asked that the record show his opposition to the funding for the Library in the amount of $2,941,669; Aldermen Brookman and Arredia asked that the record show their opposition to the 10.19% increase in funding for the Library. Motion declared carried on the motion. 1998 TAX Moved by Christiansen, seconded. by Sarlo, to concur with LEVY/SPEC. recommendation of Committee of the Whole to approve 1998 SVS. AREA Tax Levy for Special Service Area Number Three #3: (Cumberland Townhomes, 140-150 Northwest Highway) in the amount of $13,000, as provided in Ordinance M-42-94; and Ordinance place on First Reading Ordinance M-87-98, AN ORDINANCE M-87-98 LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER THREE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1998 AND ENDING DECEMBER 31, 1998. Motion declared carried (final action on this matter under Consent Agenda on December 21, 1998). 1998 TAX Moved by Christiansen, seconded by Sarlo, to concur with LEVY/SPEC. recommendation of Committee of the Whole to approve 1998 SVS. AREA Tax Levy for Special Service Area Number Four (Woodland #4: Townhomes, 1560-1568 Woodland Avenue) in the amount of $2,000, as provided in Ordinance M-11-95; and place on Ordinance First Reading Ordinance M-88-98, AN ORDINANCE LEVYING M-88-98 TAXES FOR SPECIAL SERVICE AREA NUMBER FOUR OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1998 AND ENDING DECEMBER 31, 1998. Motion declared carried (final action on this matter under Consent Agenda on December 21, 1998). 225 12/7/98 PAGE TEN ABATEMENT/ Moved by Christiansen, seconded by Sarlo, to concur with 1991 GO recommendation of Committee of the Whole to authorize BONDS: abatement of 1991 General Obligation Corporate Purpose Bonds in the amount of $330,020, the total levy as Ordinance provided in Ordinance M-53-91; and place on First Reading M-89-98 Ordinance M-89-98, ABATEMENT OF THE 1998 TAX LEVY FOR THE 1991 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried (final action on this matter under Consent Agenda on December 21, 1998). ABATEMENT/ Moved by Christiansen, seconded by Sarlo, to concur with 1993 GO recommendation of Committee of the Whole to authorize BONDS: abatement of 1993 General Obligation Corporate Purpose Bonds in the amount of $84,311.29 of the $525,031.25 levy Ordinance as provided in Ordinance M-15-93; and place on First M-90-98 Reading Ordinance M-90-98, ABATEMENT OF THE 1998 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1993. Motion declared carried (final action on this matter under Consent Agenda on December 21, 1998). ABATEMENT/ Moved by Christiansen, seconded by Sarlo, to concur with 1994A GO recommendation of Committee of the Whole to authorize BONDS: abatement of 1994A General Obligation Corporate Purpose Bonds in the amount of $101,487.50 as provided in Ordinance Ordinance M-88-94; and place on First Reading Ordinance M-91-98 M-91-98, ABATEMENT OF THE 1998 TAX LEVY FOR GENERAL OBLIGATION PURPOSE BONDS, SERIES 1994A. Motion declared carried (final action on this matter under Consent Agenda on December 21, 1998). ABATEMENT/ Moved by Christiansen, seconded by Sarlo, to concur with 1996A AND recommendation of Committee of the Whole to authorize 1996B GO abatement of 1996A and 1996B General Obligation Corporate BONDS: Purpose Bonds in the amount of $289,388 for Series 1996A and $71,520 for Series 1996B as provided in Ordinance M - Ordinance 64-96; and place on First Reading Ordinance M-92-98, M-92-98 ABATEMENT OF THE 1998 TAX LEVY FOR GENERAL OBLIGATION PURPOSE BONDS SERIES 1996A, SERIES 1996B. Motion declared carried (final action on this matter under Consent Agenda on December 21, 1998). ABATEMENT/ Moved by Christiansen, seconded by Sarlo, to concur with 1997A -1997B- recommendation of Committee of the Whole to authorize 1997C GO abatement of 1997A, 1997B and 1997C General Obligation BONDS: Corporate Purpose Bonds in the amount of $59,753.76 for Series 1997A, $228,860 for Series 1997B and $401,500 for Ordinance Series 1997C as provided in Ordinance M-36-97; and place M-93-98 on First Reading Ordinance M-93-98, ABATEMENT OF THE 1998 TAX LEVY FOR THE 1997 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997A, SERIES 1997B AND SERIES 1997C. Motion declared carried (final action on this matter under Consent Agenda on December 21, 1998). ABATEMENT/ Moved by Christiansen, seconded by Sarlo, to concur with 1997D GO recommendation of Committee of the Whole to authorize BONDS: abatement of 1997D General Obligation Corporate Purpose Bonds in the amount of $726,000; the total levy as Ordinance provided in Ordinance M-60-97; and place on First Reading M-94-98 Ordinance M-94-98, ABATEMENT OF THE 1998 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997D. Motion declared carried (final action on this matter under Consent Agenda on December 21, 1998). ABATEMENT/ Moved by Christiansen, seconded by Elstner, to concur 1998 GO with recommendation of Committee of the Whole to BONDS: authorize abatement of 1998 General Obligation Corporate Purpose Bonds in the amount of $1,767,705.02 as provided Ordinance in Ordinance M-24-98; and place on First Reading M-95-98 Ordinance M-95-98, ABATEMENT OF THE 1998 TAX LEVY FOR THE 1998 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried (final action on this matter under Unfinished Business on December 21, 1998). Alderman Beauvais voted no. WARRANT REGISTER: Resolution R-71-98 EXECUTIVE SESSION: ACCEPT COMPENSATION & CLASSIFICA. PLAN: SALARY ADJUSTMENT/ PUB. WKS. FOREMEN: 1993-1994 TAX RATE OBJECTIONS: 226 12/7/98 PAGE ELEVEN Moved by Christiansen, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-71-98, 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: 5,668,740.91, which includes $447.59 in expenditures to Home Depot. 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 (Alderman Elstner abstained on approving the $447.59 in expenditures to Home Depot - conflict of interest). Moved by Higgason, seconded by Brookman Executive Session to discuss personnel litigation. Upon roll call, the vote was: AYES: 8 -Beauvais, Christiansen, Elstner, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. , to go into and pending, Higgason, The City Council recessed at 9:20 p.m. The City Council reconvened at 10:45 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Higgason, Brookman, Sarlo, Smith, Arredia. Moved by Beauvais, seconded by Arredia, to concur with the majority of aldermen in Executive Session to accept the Compensation and Classification Study for Management and Exempt Employees as prepared and recommended by The PAR Group, 100 N. Waukegan Road, Suite 200, Lake Bluff, IL 60044 (authorized by the City Council on April 20, 1998). Upon roll call, the vote was: AYES: 5 -Beauvais, Brookman, Sarlo, Smith, Arredia NAYS: 2 -Christiansen, Higgason ABSENT: 1-Elstner Motion declared carried. Moved by Beauvais, seconded by Arredia, to concur with consensus in Executive Session that the salary for the Meter Foreman, Maintenance Foreman, Water Plant Foreman and Mechanic Foreman be adjusted within the salary ranges as recommended by The PAR Group Study, retroactive to January 1, 1998; and City Attorney be authorized to draft necessary ordinance. Upon roll call, the vote was: AYES: 7 -Beauvais, Christiansen, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1-Elstner Motion declared carried (further action on this matter under Unfinished Business on December 21, 1998). Moved by Beauvais, seconded by Christiansen, to concur with consensus in Executive Session that City Attorney be authorized to proceed as directed regarding 1993 and 1994 Tax Rate Objections. Upon roll call, the vote was: AYES: 7 -Beauvais, Christiansen, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1-Elstner Motion declared carried. 1 1 1 PEND. LIT./ OHLSON V. CITY: 227 12/7/98 PAGE TWELVE Moved by Beauvais, seconded by Brookman, to concur with consensus in Executive Session that City retain Charles E. Hervas, of Hervas, Sotos, Condon & Bersani, P.C., 333 Pierce Road, Suite 195, Itasca, IL 60143, as co -counsel with the City Attorney's Office in the Circuit Court case of Ohlson v. City of Des Plaines. Upon roll call, the vote was: AYES: 7 -Beauvais, Christiansen, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1-Elstner Motion declared carried. ADJOURNMENT: Moved by Christiansen, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:48 p.m. APPROVED BY ME THIS DAY2.4_. 22.-- , 1998 Paul W YOR Donna McAllister, CMC/AAE - CITY CLERK