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03-15-1999279 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 15, 1999 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, March 15, 1999. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. Alderman Brookman left the meeting at 10:56 p.m. Also present were: Assistant to the City Manager Johnson, Director of Economic Development Klaus, Director of Finance Egeberg, Deputy Fire Chief Pratt, Police Chief Sturlini, Acting Director of Public Works Reynolds, City Engineer Oakley, Director of Community Development D'Onofrio, Building Official Molinari, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel and City Attorney Wiltse. PRAYER AND PLEDGE: PUBLIC HEARING/IDRBs FOR 1755 BIRCHWOOD AVE: CALL TO ORDER: DISCUSSION: The opening prayer was given by Deputy City Clerk Peterson, followed by the Pledge of Allegiance to the Flag. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, MARCH 15, 1999 Mayor Jung called the Public Hearing to order at 7:05 p.m. The Public Hearing was being held pursuant to legal notice regarding the proposed issuance of the City's 1999 Industrial Revenue Bond allocation of $341,000, which together with an allocation of $1, 659, 999 from the Village of Palatine, Illinois, will comprise the total issue of $2,000,000, to acquire, construct, rehabilitate and equip an industrial project consisting of approximately 2 O, O O O sq. ft. fabricated metal manufacturing facility located at 1755 Birchwood Avenue. Director of Economic Development Klaus gave a brief overview. Mayor Jung asked for public comment. Alderman Sarlo asked what products would be manufactured. Mr. Tom Hacker, General Manager, of C&L Manufacturing stated that they are a precision machine shop. Mayor Jung stated that final action will be taken on this matter under Item 5 on the Consent Agenda. The Public Hearing was adjourned at 7:11 p.m. The City Council reconvened at 7:12 p.m. CITIZEN PARTICIPA.: CONSENT AGENDA: MINUTES: MINUTES/ EXEC. SESS.: Consent Agenda ZONING CASE 99-01-A-CU- FPV/2101-27 MINER ST.: 280 3/15/99 PAGE TWO Mr. Richard Ahlman, 314 Columbia Avenue, addressed the City Council asking what preparations have been made by the City regarding the Y2K situation; do we have a plan to deal with all situations; we should ask Department Heads for a comprehensive statement. Mayor Jung responded that the City is ready for all situations. ComEd and Nicor have also assured us that they are ready. Mrs. Barbara McAllister, 475 Trailside, addressed the City Council stating the Flood Plain is the number one priority; Council and Staff should be applauded for passing a flood plain ordinance; FEMA has been inundated with appeals; concerned how comprehensive their map will be after a four year delay. Deputy City Clerk Peterson requested that Item 1 be removed from the Consent Agenda, Alderman Smith requested that Items 3, 11, 12, 13 and 14 be removed from the Consent Agenda and Alderman Arredia requested that Item 19 be removed. Moved by Higgason, seconded by Sarlo, to establish a Consent Agenda except for Items 1, 3, 11, 12, 13, 14, and 19. Motion declared carried. Moved by Sarlo, 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. The minutes were approved; Staff recommendations and requests were approved; Ordinances M-9-99, M-10-99 and M-11-99 were adopted; Ordinances M-13-99, T-7-99 and Z-3-99 were placed on First Reading and Resolutions R-10-99, R-17-99, R-18-88 and R-21-99 were adopted. Deputy City Clerk Peterson requested minutes of the regular meeting of the City Council held March 1, 1999, be amended as follows: Page Ten, "Salary Adjustments/Non-Union Fire & Police," Paragraph Two, Line Six, should read: "adjustment shall be effective May 1, 1999." Moved by Smith, seconded by Arredia, to approve minutes of the regular meeting of the City Council held March 1, 1999, AS AMENDED. Motion declared carried. Moved by Sarlo, seconded by Brookman, to approve minutes of the Executive Session of the City Council held March 1, 1999. Motion declared carried as approved unanimously under Consent Agenda. Motion by Elstner, to table the recommendation of the Committee of the Whole held March 1, 1999, re Zoning Case 99-01-A-CU-V-FPV, to DENY request for a Map Amendment, Conditional Use, Variation and Flood Plain Variation to permit an automobile dealership on property located at 2101- 2101-27 MINER (Cont'd.) SCULPTURE PARK: Consent Agenda IDRBs/C&L MANUFACTURING 1755 BIRCHWOOD AVE: Consent Agenda Ordinance M-13-99 281 3/15/99 PAGE THREE 2127 Miner Street, C-2 Limited Office Commercial District, died for lack of a second. Moved by Beauvais, seconded by Arredia, to concur with the recommendation of the Committee of the Whole held March 1, 1999 re Zoning Case 99-01-A-CU- V-FPV, to DENY for a Map Amendment, Conditional Use, Variation and Flood Plain Variation to permit an automobile dealership on property located at 2101- 2127 Miner Street, C-2 Limited Office Commercial District. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Higgason, Brookman, Sarlo, Arredia NAYS: 2-Elstner, Smith ABSENT: 0-None Motion declared carried. Moved by Sarlo, seconded by Brookman, to concur with recommendation of the Committee of the Whole held March 1, 1999, to grant request from Keep Des Plaines Beautiful Commission that the City approve the concept of creating a Sculpture Park. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Brookman, to concur with Staff recommendation to authorize issuance of up to $2,000,000 Industrial Development Revenue Bonds, Series 1999, to be loaned to C&L Supreme Manufacturing Company, 3100 Belmont Avenue, Chicago, IL, to be used to acquire, construct, rehabilitate and equip an industrial project consisting of approximately 20, 000 sq. ft. fabricated metal manufacturing facility located at 1755 Birchwood Avenue; City to receive a service fee of 1% or $3,410; and further acknowledge the reallocation of $1,659,000 of the Village of Palatine Industrial Development Revenue Bond allocation to the City of Des Plaines to be ceded to C&L Supreme Manufacturing Company as part of the $2,000,000 issuance; and further recommend to place on First Reading Ordinance M-13-99. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Elstner, to advance to Second Reading and adopt Ordinance M-13- 99, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $2,000,000 PRINCIPAL AMOUNT INDUSTRIAL DEVELOPMENT REVENUE BOND (SUPREME MANUFACTURING COMPANY PROJECT) I SERIES 1999 I BY THE CITY OF DES PLAINES I ILLINOIS, PURSUANT TO ITS HOME RULE POWERS UNDER SECTION 6 (A) OF ARTICLE VII OF THE CONSTITUTION OF THE STATE OF ILLINOIS AND IN CONFORMANCE WITH ORDINANCE NO. M-1-99, ADOPTED JANUARY 18, 1999; AUTHORIZING THE LENDING OF THE PROCEEDS OF SAID BOND TO 1755 BIRCHWOOD PARTNERSHIP, AN ILLINOIS GENERAL PARTNERSHIP, (THE "PARTNERSHIP"), SUPREME MANUFACTURING COMPANY, AN ILLINOIS CORPORATION (THE "COMPANY") AND AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, NOT INDIVIDUALLY, BUT AS TRUSTEE UNDER THOSE CERTAIN TRUST AGREEMENTS DATED MARCH 20, 1999, AND KNOWN AS TRUSTS NOS. 124894-07 AND 124895- 06 (THE "LAND TRUSTS") (COLLECTIVELY I THE PARTNERSHIP, THE COMPANY AND THE LAND TRUSTS ARE REFERRED TO AS THE "BORROWER") FOR THE PURPOSE OF IDRBs/C&L (Cont'd.) PARKING RESTRICTION/ BROWN ST.: Consent Agenda Ordinance T-7-99 ZONING CASE 99-08-CU-LASR 1201 & 1207 TOUHY AVE.: Consent Agenda Ordinance Z-3-99 282 3/15/99 PAGE FOUR FINANCING A PROJECT THAT CONSISTS OF THE CONSTRUCTION, RENOVATION, EXPANSION AND EQUIPPING OF LAND AND AN EXISITNG MANUFACTURING BUILDING LOCATED WITHIN THE CITY OF PLAINES, COOK COUNTY, ILLINOIS (THE "PROJECT") , WHICH PROJECT WILL BE USED IN THE BUSINESS OF THE COMPANY, AS A MANUFACTURER OF PRECISION MACHINE PARTS; AUTHORIZING THE CEDING OF $341,800 OF THE CITY'S 1999 HOME-RULE INDUSTRIAL DEVELOPMENT REVENUE BOND VOLUME CAP TO THE COMPANY; ACKNOWLEDGING THE RECEIPT OF CITY OF PALATINE RESOLUTION R-15-99 AND THE REALLOCATION OF $1,658,200 OF PALATINE'S INDUSTRIAL REVENUE BOND VOLUME CAP; APPROVING THE INTENTION OF THE CITY TO REIMBURSE THE COMPANY WITH THE PROCEEDS OF THE BOND; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND ISSUANCE AGREEMENT SECURING SAID BOND; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE BORROWER AND THE COMPANY; APPROVING RELATED DOCUMENTS; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS; AND PRESCRIBING OTHER MATTERS RELATED THERETO. 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 Sarlo, seconded by Brookman, to concur with Staff recommendation to amend Title X, Chapter 5, Section 10-5-17 -"Parking Prohibited in Designated Places" of the City Code, to prohibit parking along the north side of Brown Street from Alles Street to 25' east of Oak Street; and further recommend to place on First Reading Ordinance T-7-99, AN ORDINANCE AMENDING SCHEDULE I, SECTION 10-5-17 "PARKING PROHIBITED IN DESIGNATED PLACES I II OF CHAPTER 5 "STOPPING, STANDING AND PARKING," TITLE X, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "BROWN STREET FROM ALLES STREET TO 2 5 FEET EAST OF OAK STREET" AND DELETE "BROWN STREET FROM ALLES STREET TO ALLEY EAST OF ALLES STREET." Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff, re Zoning Case 99-08-CU-LASR, to grant request for a Localized Sign Permit/Conditional Use to permit a sign regulation plan for property located at 1201 & 1207 Touhy Avenue in C-3 General Commercial District, contingent upon Staff recommendations regarding landscaping requirements and building signage; and further recommend to place on First Reading Ordinance Z-3-99, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT APPROVING THE SIGN REGULATION PLAN (LOCALIZED ALTERNATIVE SIGN REGULATION) FOR THE EXTENDED STAY AND STUDIO PLUS MOTELS, AT 1201 AND 1207 EAST TOUHY AVENUE. Motion declared carried as approved unanimously under Consent Agenda. AGREEMENT/ INTERNET SERVICE PROVIDER: Consent Agenda Resolution R-10-99 AGREEMENT/ INTER-AGENCY COMPUTERIZED DATABASE: Consent Agenda Resolution R-17-99 PURCHASE ENGINEERING VEHICLE: Consent Agenda BID AWARD/ 1999 STREET REHABILITATION CONTRACT A: 283 3/15/99 PAGE FIVE Moved by Sarlo, seconded by Brookman, to concur with Staff recommendation that Mayor and City Clerk be authorized to enter into agreements with AT&T Corp., 1111 W. 22nd Street, Oak Brook, IL 60523, for a 24- month period effective upon installation of equipment, to provide an expanded e-mail system and internet service at a net cost to the City for these services of approximately $1,746.40 per month/Computer Replacement Fund; and further authorize the Mayor and City Clerk to execute an addendum to permit the City to re-negotiate the fee for these services in one ( 1) year if the "market value" of the technological solution decreases; and further recommend to adopt Resolution R-10-99, A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE INTERNET SERVICE PROVIDER AGREEMENT FOR INTERNET SERVICES BETWEEN THE CITY OF DES PLAINES AND AT&T. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Brookman, to concur with Staff recommendation to authorize Mayor and City Clerk to enter into an Inter-Agency Computerized Database Agreement with Cook County Assessor James M. Houlihan to provide, at no cost, the real estate tax number (PIN) , address, assessed valuation and taxpayer name for each parcel in the City; and further recommend to adopt Resolution R-17-99, A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE INTER-AGENCY AGREEMENT BETWEEN THE CITY OF DES PLAINES AND JAMES M. HOULIHAN, ASSESSOR OF COOK COUNTY, FOR THE PROVISION OF COMPUTERIZED DATABASE INFORMATION TO DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Brookman, to concur with Staff recommendation to authorize purchase through State of Illinois Net Bid Program of One (1) 1999 Jeep Cherokee 4x4 for the Engineering Department at the base cost of $18,375 plus $1,178 in options for a total of $19,553/Capital Equipment Replacement Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Smith to award bid for 1999 Street Rehabilitation -Contract A to Arrow Construction, 3401 S. Busse Road, Mt. Prospect, IL 60056, in the total bid amount of $2,286,290.49. Motion declared failed. Alderman Brookman voted aye. Moved by Brookman, seconded by Beauvais, to suspend the rules to permit public input on this matter. Motion declared failed. Alderman Brookman voted aye. Mayor Jung read a letter from Mr. Jack Flynn, 1271 Fargo Avenue, who is in support of not awarding any bids to Orange Crush. Moved by Higgason, seconded by Elstner, with Staff recommendation to award bid Street Rehabilitation Contract A to to concur for 1999 the lowest bidder, Orange Crush, L.L.C., 321 S. Center Street, BID AWARD (Cont'd.) BID AWARD/ 1999 STREET REHABILITATION CONTRACT B: BID AWARD/ COMPUTERIZED TICKET WRITERS: BID AWARD/ PARKING TICKET SOFTWARE: ADVERTISING FOR BIDS: Consent Agenda 284 3/15/99 PAGE SIX Hillside, IL 60162, in the total bid amount of $2, 122, 845. 65/General Improvement Fund. Motion declared carried. Alderman Brookman voted no. Moved by Higgason, seconded by Smith, to concur with Staff recommendation to award bid for 1999 Street Rehabilitation -Contract B to the lowest bidder, Orange Crush, L.L.C., 321 S. Center Street, Hillside, IL 60162, in the total bid amount of $2, 254, 932. 05/General Improvement Fund. Motion declared carried. Alderman Smith stated that the bid Handheld Computerized Ticket Writers has until the next meeting. award for been held Alderman Smith stated that the bid award for Parking Ticket/Compliance Citation Management Software has been held until the next meeting. Moved by Sarlo, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Concrete Restoration, returnable by 3:00 p.m., Friday, April 9, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Perry Street Relief Storm Sewer Project, returnable by 3:00 p.m., Tuesday, April 6, 1999. Motion declared carried as approved unanimously under Consent Agenda. RESOLUTION Moved by Sarlo, seconded by Brookman, to adopt R-18-99 Resolution R-18-99, A RESOLUTION URGING THE URGING RECONSTRUCITON OF RIVER ROAD FROM GOLF ROAD TO DEVON RECONSTRUCTION AVENUE. Motion declared carried as approved OF RIVER RD.: unanimously under Consent Agenda. Consent Agenda RESOLUTION R-21-99 NIGHTTIME TRAIN WHISTLE BLOWING: Consent Agenda ORDINANCE M-9-99 ADOPT 1996 BOCA CODE: Moved by Resolution WI CONS IN Sarlo, seconded by Brookman, to adopt R-21-99, A RESOLUTION REQUESTING THE CENTRAL LTD. RAILROAD REFRAIN FROM NIGHTTIME WHISTLE BLOWING AT DESIGNATED CROSSINGS IN DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Ordinance "BUILDING Arredia, seconded by M-9-99, AN ORDINANCE REGULATIONS" OF THE Smith, to adopt AMENDING TITLE IV CITY CODE OF DES PLAINES TO ADD THERETO A NEW CHAPTER 7 "BUILDING CODE." AYES: Upon roll call, the vote was: 5-Christiansen, Elstner, Higgason, Sarlo, Smith NAYS: 3-Beauvais, Brookman, Arredia ABSENT: 0-None Motion declared carried. ORDINANCE M-10-99 1996 BOCA CODE AMENDMENTS: Consent Agenda ORDINANCE M-11-99 MEMBERSHIP SURBUR. TREE CONSORTIUM: Consent Agenda FUNDING PROCESS/ SOCIAL SERVICE AGENCIES: 285 3/15/99 PAGE SEVEN Moved by Sarlo, seconded by Brookman, to adopt Ordinance M-10-99, AS AMENDED/AN ORDINANCE AMENDING SECTION 4-4-1 "BASIS OF BUILDING PERMIT FEES;" AMENDING SECTION 4-4-5 "DOUBLE FEE" AND RENAMING IT "FEE FOR WORKING WITHOUT PERMIT;" deleting Section 4-6 "ANTENNA INSTALLATIONS;" ADDING SECTION 4-7-9 "DRIVEWAYS AND HARD SURFACE LIMITATIONS;" ADDING SECTION 4-7-10 "PARTITION FENCES;" AMENDING SECTION 8-9-19 (B) "LITTER/SANITATION;" ADDING SECTION 8-1- 5 (H) "EXTERMINATION;" AMENDING SECTION 8-1-8 (G) "ENFORCEMENT INTERPRETATION;" AMENDING SECTION 8-1-9 "ADOPTION OF STATE OF ILLINOIS DEPARTMENT OF PUBLIC HEALTH RETAIL FOOD REGULATIONS (1983) SERVICE AND SANITATION RULES AND CHAPTER 10-COMPLIANCE PROCEDURES OF THE 1976 U.S. PUBLIC HEALTH SERVICE;" AND AMENDING SECTION 8-2-5 "DESTRUCTION AND DISPOSAL OF HYPODERMIC NEEDLES" AND RENAMING IT "DESTRUCTION AND DISPOSAL OF POTENTIALLY INFECTIOUS WASTES." Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Brookman, to adopt Ordinance M-11-99, AN ORDINANCE AUTHORIZING PARTICIPATION IN THE SUBURBAN TREE CONSORTIUM. 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 SERVICES -Alderman Brookman, Chair Director of Human Resources and Services Merriman reviewed City Manager Douthwaite's memo of March 10, 1999, regarding the request to review the method by which the City allocates Social Service Agency Funding. Mr. Carl Gully, 1408 Wedgewood, addressed the Committee of the Whole stating that he feels that this is not an appropriate way to spend taxpayer money; taxpayer dollars should not be used to fund Social Service agencies. After discussion by the Aldermen, it was agreed that there would be no change to the current method by which the City allocates Social Service Agency Funding. Moved by Beauvais, seconded by Arredia, to recommend to the City Council, to grant request for a donation of $7,500/Contingency Fund, to Lattof YMCA, 300 Northwest Highway, Des Plaines, IL 60016, for their Scholarship Fund with the understanding that the donation be used for scholarships for Des Plaines residents. Motion declared carried (final action on this matter under Consent Agenda on April 5, 1999). AGREEMENT/ NOISE MONITORING SYSTEM: 286 3/15/99 PAGE EIGHT LEGAL & LICENSING -Alderman Beauvais, Chair City Engineer Oakley review his memo of March 9, 1999, which states that the City of Chicago, Department of Aviation, has requested permission to install two noise monitors within the City of Des Plaines. The monitors would be part of an overall system of 38 devices that record sound levels of aircraft in the vicinity of O'Hare International Airport. Moved by Arredia, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council that the City authorize the execution of a right-of-way agreement with the City of Chicago for the installation of a sound monitor at 2605 Maple Street and at the corner of Forest Avenue and Dennis Place; and further recommend that Resolution R-19-99 be adopted at appropriate time. Motion declared carried (final action on this matter under Consent Agenda on April 5, 1999). WHISTLEBLOWERS City Attorney Wiltse reviewed his memo of February ORDINANCE: 3, 1999, an update on the summary of information on the "Whistleblowers Ordinance." WARRANT REGISTER: Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that he thinks the Whistleblowers Law is good; complaints are filed with the State and the State investigates. Mr. Pat Quinn, former State Treasurer, addressed the Committee of the Whole stating that the Whistleblower Law protects taxpayers from waste and fraud; Whistleblower Act is also called the "False Claims Act." Mr. Carl Gulley, 1408 Wedgewood, addressed the Committee of the Whole stating that the Whistleblowers Ordinance should be enacted tonight; more would have been done regarding the Leaf Hauling, Water Tower and Transfer Station if an outside agency would have been able to come in and investigate. Moved by Sarlo, seconded by Smith, to recommend to the City Council that City Attorney Wiltse investigate the questions addressed by the Aldermen and report back to the City Council. Motion declared carried (final action on this matter under Consent Agenda on April 5, 1999). FINANCE & ADMINISTRATION -Ald. Christiansen, Chair Moved by Arredia, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council approval of March 15, 1999 Warrant Register, in the amount of $2, 2 93, 3 96. 7 5; and further recommend that Resolution R-20-99 be adopted at appropriate time this evening. Motion declared carried. ZONING CASE 99-07-CU-V/ 419 EAST GOLF ROAD: 287 3/15/99 PAGE NINE COMMUNITY DEVELOPMENT -Alderman Sarlo, Chair Director of Community Development D'Onofrio reviewed his memo of March 8, 1999, regarding the request for a Conditional Use permit and a lot area variation to allow the sale of motor vehicles, under Section 7.3.1 of the Des Plaines Zoning Ordinance, at 419 East Golf Road. A positive recommendation by the Zoning Board was made on the condition that the petitioner obtain a City business license within 30 days of approval of the Conditional Use permit, which would allow the sale of motor vehicles. Mr. Randy Rapp, 419 E. Golf Road, addressed the Committee of the Whole stating that he was not aware of the permit and variation needed to allow for the sale of used cars; he stated that the previous owner had also sold cars; he tries to be a good neighbor. Mr. Richard Ahlman, 314 Columbia, addressed the Committee of the Whole stating that there are actually four (4) parking spaces in front, not five (5); the driveway is usually blocked; the sidewalk is breaking down and is usually a muddy mess; please deny the variation. Mr. Hayden Jones, 227 S. Warrington, addressed the Committee of the Whole stating that the front of the building only holds four (4) cars; dogs bark at everyone and all night long; snow was shoveled onto the sidewalk; he has a very loud outside telephone ringer; he is not a good neighbor. Mr. Chris Lombardo, a resident of Cumberland Terrace, addressed the Committee of the Whole stating that he hears the dogs barking and the telephone ringer; area is very congested; do not turn our community into a Western Avenue in Chicago. Mr. Ed Gleason, 427 E. Golf Road, addressed the Committee of the Whole stating that Randy is a hardworker; he does plow the sidewalks; let's try to work together with some compromise, so he can go on making a living. Mr. Steve Fein, 325 E. Golf Road, addressed the Committee of the Whole stating that he walks in the area every day; likes the dogs barking, it's not a burden, but a plus; supports granting the variation. Ms. Tia Lombardo, a resident of Cumberland Terrace, addressed the Committee of the Whole stating that she likes the idea of working together; is willing to work with the owner; worried about aesthetics and safety. It was the consensus of the Aldermen that Aldermen Higgason and Smith meet with the residents of the area and report back to the Committee of the Whole. MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. ORDINANCE Z-2-99 TEXT AMEND./ SINGLE NONCONFORMING LOTS: WARRANT REGISTER: Resolution R-20-99 EXECUTIVE SESSION: EMPLOYMENT OF DIRECTOR OF PUBLIC WORKS: 288 3/15/99 PAGE TEN Moved by Beauvais, seconded by Elstner, to adopt Ordinance Z-2-99, AS AMENDED/AN ORDINANCE AMENDING THE CITY OF DES PLAINES ZONING ORDINANCE, ARTICLE 5.4 "NONCONFORMING SECTION 5.4-1 ON LOTS," SINGLE TO ADD THERETO A NONCONFORMING LOTS RECORD. AYES: Upon roll call, the vote was: 5-Beauvais, Elstner, Higgason, Brookman, Sarlo NAYS: 3-Brookman, Smith, Arredia ABSENT: 0-None Motion declared carried. NEW OF Moved by Christiansen, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-20-99, 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: $2,293,396.75. 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 Beauvais, seconded by Smith, that when outside counsel is present for a matter to be discussed in Executive Session, the order of the City Council meeting be changed to permit an Executive Session at the beginning of the meeting. Motion declared carried. Moved by Beauvais, seconded by Brookman, to go into Executive Session to discuss probable-imminent litigation and personnel. Upon roll call, the vote was: AYES: NAYS: 8-Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia 0-None ABSENT: 0-None Motion declared carried. The City Council recessed at 10:38 p.m. The City Council reconvened at 10:56 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. Mayor Jung asked Alderman Brookman to remain for the remainder of the meeting. She refused. Moved by Beauvais, seconded by Higgason, to concur with consensus in Executive Session that the City employ Howard A. Killian, P. E., 12 0 Corsa ire Lane, Schaumburg, IL 60173, as the new Director of Public Works effective April 19, 1999, at a starting salary of $78,000. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Higgason, Sarlo, Smith, Arredia NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. NON-UNION EMPLOYEES' COMPENSATION: EXEMPTION FROM SPECIAL FLOOD HAZARD AREA: ADJOURNMENT: 289 3/15/99 PAGE ELEVEN Moved by Beauvais, seconded by Higgason, to concur with consensus in Executive Session that the non- union employees be given a 3.5% general wage increase effective May 1, 1999 to April 30, 2000, and City Attorney be authorized to prepare necessary ordinance. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Higgason, Sarlo, Smith, Arredia NAYS: 0-None ABSENT: 1-Brookman Motion declared carried (further action on this matter under Consent Agenda on April 5, 1999). Moved by Beauvais, seconded by Elstner, to concur with consensus in Executive Session that an exemption to the Flood Regulations for the Five Corners Subarea in the Comprehensive Plan be made and City Attorney be authorized to draft necessary ordinance. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, NAYS: ABSENT: Higgason, Sarlo, Smith, Arredia 0-None 1-Brookman Motion declared carried (further action on this matter under Consent Agenda on April 5, 1999). Moved by Arredia, seconded by Christiansen, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:58 p.m. APPROVED BY ME THIS DAY O~ aflAV(, r-fltJAJ I t 1999