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06-07-1999018 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS I DES PLAINES CIVIC CENTER I MONDAY I JUNE 7, 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. rn. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Ci vie Center on Monday, June 7, 1999. ROLL CALL: Roll call indicated the following aldermen Christiansen, Elstner, Sayad, Becker, Smith, Alderman Beauvais and Brookman were absent. Brookman arrived at 7:03 p.rn. present: Arredia. Alderman Also present were: City Manager Douthwaite, Assistant to the City Manager Johnson, Director of Economic Development Klaus, Assistant Director of Finance Jisa, Fire Chief Farinella, Police Captain Ryan, Director of Public Works Killian, City Engineer Oakley, Director of Community Development D'Onofrio, Director of Human Resources & Services Merriman, and City Attorney Wiltse. PRAYER AND PLEDGE: RECOGNITION: EXECUTIVE SESSION: WORKER'S COMPENSATION CLAIMS: REPORT/ COMMITTEE ON COMMITTEES: The opening prayer was given by Pastor Torn Owen, Youth Pastor, Des Plaines Bible Church, followed by the Pledge of Allegiance to the Flag. Mayor Jung introduced Dr. Paul Leathern, principal of Maine West High School who in turn introduced the coaches and members of the 1998-1999 Wrestling Team; the team placed third in the State with one ( 1) member an individual State Champion. Mayor Jung expressed his pride and congratulations to this outstanding team. Moved by Brookman, seconded by Beauvais, to go into Executive Session to discuss worker's compensation claims. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. The City Council recessed at 7:15 p.m. The City Council reconvened at 7:36 p.m. Roll call indicated the following aldermen present: Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia. Moved by Smith, seconded by Sayad, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding worker's compensation claims. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee on Committees held May 24, 1999, to approve the City Council committee assignments, effective June 7, 1999 to May, 2001, as follows: COMMITTEES (Cont'd. ) CONSENT AGENDA: MINUTES: Consent Agenda GUIDELINES/ CONSTRUC. OF UTIL. FACIL. ON PUBLIC RIGHTS-OF- WAYS: Consent Agenda Ordinance M-24-99 PREVAILING WAGE RATES: Ordinance M-25-99 BUILDING CODE Chairman Vice Chair. Member PAGE TWO Brookman Sayad Elstner COMMUNITY SERVICES Chairman Sayad Vice Chair. Arredia Member Smith FINANCE & ADMINISTRATION Chairman Christiansen Vice Chair. Brookman Member Arredia PUBLIC SAFETY Chairman Vice Chair. Member Becker Beauvais Christiansen Motion declared carried. 019 6/7/99 COMMUNITY DEVELOPMENT Chairman Arredia Vice Chair. Christiansen Member Beauvais ENGINEERING Chairman Vice Chair. Member Elstner Becker Sayad LEGAL & LICENSING Chairman Beauvais Vice Chair. Smith Member PUBLIC WORKS Chairman Vice Chair. Member Becker Smith Elstner Brookman Alderman Becker requested that Items 4 and 4a be removed from the Consent Agenda. Moved by Sayad, seconded by Smith, to establish a Consent Agenda except for Items 4 and 4a. Motion declared carried. Moved by Elstner, seconded by Sayad, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-22-99, Z-8-99 and Z-9-99 were adopted; and Ordinances M-24-99, M-26-99, M-27-99, M-28- 99 and Z-10-99 were placed on First Reading. Moved by Elstner, seconded by Sayad, to approve minutes of the regular meeting of the City Council held May 17, 1999, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to approve minutes of the Executive Session of the City Council held May 17, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to amend Title V -Business Regulations, of the City Code, to add a new Chapter 55 -"Construction of Utility Facilities in the Public Rights-Of-Way" to establish policies and procedures for constructing utility facilities on rights-of-way within the City's jurisdiction; and further recommend to place on First Reading Ordinance M-24-99, AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF DES PLAINES BY AMENDING TITLE V "BUSINESS REGULATIONS" TO ADD A NEW CHAPTER 55 ENTITLED "CONSTRUCTION OF UTILITY FACILITIES IN THE PUBLIC RIGHTS- OF-WAY" WHICH WILL ESTABLISH STANDARDS FOR THE CONSTRUCTION OF FACILITIES ON THE PUBLIC RIGHTS-OF-WAY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation that pursuant to Section 820 ILCS 130/1 of the State Statutes (1996), City establish prevailing rate of wages for laborers, mechanics and other workers employed in performing construction of public works for the City -ANNUAL REQUIREMENT; and further recommend to place on First Reading Ordinance M-25-99, AN ORDINANCE~ ----------- WAGE RATES (Cont'd.) LICENSE AGREEMENT/ 670 MIDDLETON: Consent Agenda Ordinance M-26-99 SALE OF CITY PROP./ NWMC AUCTION: Consent Agenda Ordinance M-27-99 ZONING CASE 99-27-CU/ 1841 BUSSE HWY.: Consent Agenda Ordinance Z-10-99 INDEPENDENCE DAY PARADE/ JAYCEES: Consent Agenda CONSTRUCT. ENGRG. SVS./ SEWER AND DRAINAGE IMPROVE.: Consent Agenda BID AWARD/ 1999 CRACK SEALING: Consent Agenda 020 6/7/99 PAGE THREE PURSUANT TO 820 ILCS 130/1, ET SEQ. (1996) PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND PREVAILING WAGE RATES. Motion declared carried. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to grant request to permit installation of an underground sprinkler system in City-owned parkway adjacent to property located at 670 Middleton Lane; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-26-99, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH TOM KUZINAR, PROPERTY OWNER, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF- WAY IN FRONT OF 670 MIDDLETON LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to authorize to sell by auction through the Northwest Municipal Conference on Saturday, June 19, 1999, six (6) surplus vehicles and miscellaneous equipment from the Public Works Department; and three ( 3) surplus vehicles and three (3) surplus motorcycles from the Police Department; which are no longer necessary or useful to the City; and further recommend to place on First Reading Ordinance M-27-99, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Case 99-27-CU, to grant request for a Conditional Use to permit the establishment and operation of a precious metal recycling facility in M-1 Limited Manufacturing District, on property located at 1841 Busse Highway; and further recommend to place on First Reading Ordinance z- 10-99, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7. 4 "MANUFACTURING DISTRICTS REGULATIONS" OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW THE ESTABLISHMENT OF A RECYCLING OPERATION PROCESSING PRECIOUS METALS AT 1841 BUSSE HIGHWAY, DES PLAINES, ILLINOIS (CASE 99-27-CU). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to grant request from Des Plaines Area Jaycees to hold the annual Independence Day Parade on Sunday, July 4, 1999, beginning at 1:00 p.m., proceeding down Center Street from Oakton Street to Prairie Avenue; Des Plaines Area Jaycees to provide necessary Certificate of Insurance -ANNUAL REQUEST. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to accept proposal from Peter F. Olesen & Associates, Inc., 500 W. Central Road, Suite 205, Mt. Prospect, IL 60056, to provide construction engineering services during the 1999 Sewer and Drainage Improvements, in the amount of $28,693.95/General Improvement Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to award bid for 1999 Crack Sealing Contract to the lowest responsible bidder through Northwest Municipal Conference, Behm Pavement, 3010 Rte. 176, Crystal Lake, IL 60O14, for the bid price of $.99/lb. of sealant, for a not-to-exceed total of $75,000/MFT Section 99-00000-00 GM; and City Clerk be authorized to execute necessary IDOT documents. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ 1999 LANE MARKING: Consent Agenda BID AWARD/ OVERHEAD DOORS AT PUB. WKS.: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda APPOINTMENT: Consent Agenda ORDINANCE M-28-99 COUNCIL RULE/ CON. AGENDA: Consent Agenda ORDINANCE M-22-99 LIC. AGREE./ 308 s. MT. PROSPECT: Consent Agenda ORDINANCE Z-8-99 VARIATION/ 1805 HOWARD: Consent Agenda ORDINANCE Z-9-99 CONDIT. USE./ 1011 TOUHY: Consent Agenda 021 6/7/99 PAGE FOUR Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to award bid for 1999 Lane Marking Contract to the lowest responsible bidder through Northwest Municipal Conference, Superior Road Striping, 4N 195 Briar Lane, Bensenville, IL 60106, in the not-to- exceed amount of $6, 000/1999 General Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to award bid for Three (3) Overhead Doors and Operators for Public Works Facility to the single bidder (received on May 7, 1999), American Overhead Door, 2125 Hammond Drive, Schaumburg, IL 60173, in the amount of $19,835/1999 C.I.P. Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids to Furnish and Install Interior Lighting at Public Works Facility, 1111 Joseph J. Schwab Road, returnable by 3:00 p.m., Friday, June 25, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Computerized Sign-Making System for Public Works, returnable by 3:00 p.m., Friday, June 25, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to approve Mayoral appointment of James L. Roberts to the ECONOMIC DEVELOPMENT COMMISSION, term to expire April 30, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to place on First Reading Ordinance M-28-99, AN ORDINANCE AMENDING THE CITY CODE TITLE I, "ADMINISTRATIVE," CHAPTER 6, "COUNCIL" SECTION 9 "PROCEDURE" TO ALLOW RESIDENTS TO REMOVE ITEMS FROM THE CITY COUNCIL CONSENT AGENDA. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to adopt Ordinance M-22-99, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE PUBLIC RIGHT-OF-WAY WITH MOHSEN AND DIANA AMIRAN, PROPERTY OWNERS AT 3 0 8 SOUTH MT. PROSPECT ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to adopt Ordinance Z-8-99, AN ORDINANCE AUTHORIZING A VARIATION TO ARTICLE 8.2 "FENCE REQUESTS," SECTION 1, "HEIGHT REQUIREMENT," OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A 6 FOOT HIGH FENCE INSTEAD OF THE MAXIMUM PERMITTED HEIGHT OF 4 FOOT IN A FRONT YARD AT 1805 HOWARD AVENUE, DES PLAINES, ILLINOIS (CASE 99-21-V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to adopt Ordinance Z-9-99, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE MOUNTING OF A COMMERCIAL MOBILE RADIO SERVICE FACILITY, UNDER SECTION 8.3 "ANTENNAE REGULATIONS" OF THE DES PLAINES ZONING ORDINANCE AT 1011 E. TOUHY AVENUE, DES PLAINES, ILLINOIS (CASE 99-23-CU). Motion declared carried as approved unanimously under Consent Agenda. WARRANT REGISTER: AMENDMENT/ PARK. LEASE 701 LEE: STATE GIFT BAN ACT: ALLEY ACCEPTANCE/ LIBRARY PLAZA: 022 6/7/99 PAGE FIVE MAYOR JUNG DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE &: ADMINISTRATION -Alderman Christiansen, Chair Moved by Arredia, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council approval of June 7, 1999 -Warrant Register in the amount of $2,197,410.77, which includes $180.72 in expenditures to Home Depot; and further recommend that Resolution R- 34-99 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving the $180.72 in expenditures to Home Depot - conflict of interest) . LEGAL &: LICENSING Alderman Smith, Vice Chair Director of Economic Development Klaus reviewed his memo of May 21, 1999, concerning the parking lease with the owners of the 10-story office building at 701 Lee Street , entered into in 1975. The lease was amended in 1982 and again in 1995 with a term of 20 years with options for extending the lease up to 70 years--to the year 2046. Alderman Brookman stated that there changes in this new lease, i.e. snow cameras. are substantial removal, video Moved by Brookman, seconded by Sayad, that matter of amending an existing parking lease agreement with 701 Lee LLC, for the 10-story office building at 701 Lee Street to provide 3 04 parking spaces, be TABLED. Motion declared carried. Alderman Smith voted no. City Attorney Wiltse reviewed his memo of May 26, 1999, concerning the State Gift Ban Act enacted by the Illinois General Assembly which prohibits the solicitation and acceptance of gifts. The Act mandates that municipalities shall enforce those prohibitions in a manner substantially in accordance with the requirements of the Act and shall adopt provisions no less restrictive than the provisions of this Act. Moved by Sayad, seconded by Arredia, to concur with Staff recommendation and recommend to the City Council that the City adopt the State Gift Ban Act which brings the City in compliance with the dictates of the Act; and further recommend that Ordinance M-29-99 be placed on First Reading at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT Alderman Arredia, Chair Director of Community Development D'Onofrio reviewed his memo of May 29, 1999, in which he explains that a small portion of an alley located just north of the 701 Lee Street Building in the Library Plaza redevelopment area, was never accepted by the City. Law requires that the City must first accept the alley before it can vacate the alley which is required as part of the Final PUD for the Library Plaza redevelopment. Mr. D'Onofrio stated that the Des Plaines Plan Commission voted unanimously to recommend acceptance of this alley. ALLEY (Cont'd.) ZONING CASE 99-PUD-V FINAL PUD, VARIATIONS, PLAT OF SUBDIVISION, PLAT OF VACATION/ LIBRARY PLAZA: SALE OF CITY PROPERTY/ LIBRARY PLAZA: PAGE SIX 023 6/7/99 Moved by Smith, seconded by Elstner, to concur with recommendation of Des Plaines Plan Commission and Staff, and recommend to the City Council to accept a 16' wide public alley located just north of the 701 Lee Street building in the Library Plaza redevelopment area; and further recommend that Ordinance M-30-99 be placed on First Reading at appropriate time this evening. Motion declared carried. Aldermen Sayad and Brookman voted no. Director of Community Development D'Onofrio reviewed his memo of May 29, 1999, concerning the Final Planned Unit Development (PUD), Variations, Plat of Subdivision and Plat of Vacation to permit the construction of a multi- use development on the block bounded by Lee Street, Ellinwood Street, Pearson Street and Prairie Avenue, a/k/a Library Plaza. Mr. D'Onofrio stated that both the Des Plaines Plan Commission and Zoning Board of Appeals recommended approval of all these matters. Alderman Sayad expressed his strong concern about adequate parking on this site; this will become a problem as the restaurant, stores and other businesses grow; he will be voting no. Alderman Brookman also stated that she will be voting no; is concerned about the density of the condo building; this area will grow which will cause parking problems. Director D'Onofrio reviewed the number of parking spaces and their location from the PUD, and stated they are the required number of parking spaces. Mr. David Dresder, Des Plaines Town Center, L.L.C. developer for this site, addressed the Committee of the Whole stating that he has talked to some of the retailers interested in this site and they are satisfied with the number of parking spaces; there is sufficient parking. Moved by Sayad, seconded by Brookman, that the matter of approving the Final Planned Unit Development (PUD), Variations, Plat of Subdivision and Plat of Vacation for the Library Plaza redevelopment be tabled. Motion declared FAILED. Aldermen Sayad, Brookman and Becker voted yes. Moved by Smith, seconded by Elstner, to concur with recommendation of Des Plaines Plan Commission, Zoning Board of Appeals and Staff, and recommend to the City Council, re Zoning Case 99-PUD-V, to approve Final Planned Unit Development (PUD) , Variations, Plat of Subdivision and Plat of Vacation for the Library Plaza redevelopment; and further recommend that Ordinance Z-11- 99 be placed on First Reading at appropriate time this evening. Motion declared carried. Aldermen Sayad, Brookman and Becker voted no. Director of Community Development D'Onofrio reviewed his memo of June 1, 1999, concerning the sale of City-owned Lots 2, 3, and 5 consisting of two (2) Retail Parcels and the Residential Parcel located at the southeast corner of Ellinwood Street and Lee Street, Library Plaza Subdivision, to Plaines Town Center, LLC, for the sale price of $500,000. Alderman Brookman stated that the City should not be selling this land; we can develop this project ourselves. Moved by Smith, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council to approve sale of City-owned Lots 2, 3, and 5 consisting of two (2) Retail Parcels and the Residential Parcel located at the southeast corner of Ellinwood Street and SALE OF PROP. (Cont'd.) FACADE REHAB. PROGRAM/ 1492-94 MINER ST.: RECESS: BID REVIEW/ LOADER- BACKHOE: 024 6/7/99 PAGE SEVEN Lee Street, Library Plaza Subdivision, to Plaines Town Center, LLC, for the sale price of $500,000; and further recommend that Ordinance M-31-99 be placed on First Reading at appropriate time this evening. Moved by Brookman, seconded by Sayad, to adopt a substitute motion to recommend to the City Council to NOT approve the sale of City-owned Lots 2, 3, and 5 consisting of two Retail Parcels and the Residential Parcel, located at the southeast corner of Ellinwood Street and Lee Street, Library Plaza Subdivision,to Plaines Town Center, LLC. Motion declared FAILED . Aldermen Sayad, Brookman and Becker voted yes. Motion declared carried on the original motion. Aldermen Sayad, Brookman and Becker voted no. Director of Economic Development Klaus reviewed his memo of May 5, 1999, regarding the request from the owner of The Sugar Bowl, 14 92 -94 Miner Street, for assistance through the City's Facade Rehabilitation Program. Moved by Christiansen, seconded by Becker, to concur with Staff recommendation and recommend to the City Council to authorize the payment of $20,640/TIF Project No. 1 Funds, to Ted Vlahopoulos, owner of The Sugar Bowl Restaurant, 1492-94 Miner Street, as the City's contribution of the rehabilitation of the south and east facades of The Sugar Bowl Restaurant, through the Des Plaines Facade Rehabilitation Program; and further recommend that Resolution R-36-99 be adopted at appropriate time this evening. Motion declared carried. Moved by Sayad, seconded by Brookman, to call for a recess. Motion declared carried. Alderman Arredia voted no. The Committee of the Whole recessed at 9:55 p.m. The Committee of the Whole reconvened at 10:00 p.m. PUBLIC WORKS Alderman Smith, Chair Director of Public Works Killian reviewed his memo of May 28, 1999, stating that the three (3) low bidders did not meet the specifications; the next two (2) bidders met the specifications with minor exceptions. Mr. Killian stated that it would be in the best interest of the City to accept the highest of these two bids because they will provide a John Deere 410E; the City already owns a John Deere 410E and three (3) other John Deere loaders, so operator training and familiarity will be of no concern. Moved by Sayad, seconded by Elstner, to concur with Staff recommendation and recommend to the City Council that it would be in the best interest of the City to award the bid for One (1) 1999 Heavy Duty Two-Wheel Drive Loader- Backhoe, to Westside Tractor, 14 O O W. Ogden Avenue, Naperville, IL 60563, for Model John Deere 410E, in the total bid amount of $53,700/1999 C.E.R.F. Motion declared carried. Aldermen Brookman, Becker and Arredia voted no. MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. ORDINANCE M-32-99 POWERS OF COMMITTEE CHAIRMEN: ORDINANCE M-27-99 SALE OF CITY PROP./ NWMC AUCTION: WARRANT REGISTER: Resolution R-34-99 AMENDMENT/ PARK. LEASE 701 LEE: STATE GIFT BAN ACT: Ordinance M-29-99 ALLEY ACCEPTANCE/ LIBRARY PLAZA: Ordinance M-30-99 025 6/7/99 PAGE EIGHT Moved by Brookman, seconded by Christiansen, to place on First Reading Ordinance M-32-99, AN ORDINANCE AMENDING THE CITY CODE TITLE I, "ADMINISTRATIVE, " CHAPTER 6 "COUNCIL," SECTION 12 "ORDINANCES REFERRED TO COMMITTEE" TO ADD A TIMELINE FOR ORDINANCE/RESOLUTION CONSIDERATION. Motion declared carried (final action on this matter under Consent Agenda on June 21, 1999). Moved by Smith, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-27-99, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Christiansen, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-34-99, 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: $2,197,410.77, which includes $180.72 in expenditures to Home Depot. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried (Alderman Elstner abstained on approving the $180.72 in expenditures to Home Depot - conflict of interest) . Alderman Smith announced that the matter of amending an existing parking lease agreement with 701 Lee L.L.C. for the 10-story office building at 701 Lee Street to provide 304 parking spaces, was tabled in the Committee of the Whole. Moved by Smith, seconded by Sayad, to concur with recommendation of Committee of the Whole that the City adopt the State Gift Ban Act which brings the City in compliance with the dictates of the Act; and place on First Reading Ordinance M-29-99, AN ORDINANCE OF THE CITY OF DES PLAINES AMENDING TITLE I I II ADMINISTRATIVE I II TO ADD A NEW SUBSECTION I SECTION 2 6 I "STATE GIFT BAN ACT I II PROHIBITING THE SOLICITATION AND ACCEPTANCE OF GIFTS AND ADOPTING THE STATE GIFT BAN ACT (5 ILCS 425/1 ET SEQ., P.S. 90-737). Motion declared carried (final action on this matter under Consent Agenda on June 21, 1999). Moved by Arredia, seconded by Christiansen, to concur with recommendation of Committee of the Whole to accept a 16' wide public alley located just north of the 701 Lee Street building in the Library Plaza redevelopment area; and place on First Reading Ordinance M-30-99. Upon roll call, the vote was: AYES: 5-Christiansen. Elstner, Becker, Smith, Arredia NAYS: 2-Sayad, Brookman ABSENT: 1-Beauvais Motion declared carried. Moved by Arredia, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-30-99, AN ORDINANCE ACCEPTING A PUBLIC ALLEY LOCATED IN THE PROPOSED LIBRARY PLAZA P.U.D. Upon roll call, the vote was: ALLEY (Cont'd.) ZONING CASE 99-PUD-V FINAL PUD, VARIATIONS, PLAT OF SUBDIVISION I • PLAT OF VACATION/ LIBRARY PLAZA: Ordinance Z-11-99 SALE OF CITY PROPERTY/ LIBRARY PLAZA: Ordinance M-31-99 FACADE REHAB. PROGRAM/ 1492-94 MINER ST.: Resolution R-36-99 BID AWARD/ LOADER- BACKHOE: PAGE NINE AYES: 4-Christiansen, Elstner, Smith, Arredia NAYS: 3-Sayad, Brookman, Becker ABSENT: 1-Beauvais 026 6/7/99 Motion declared FAILED (a 2/3 vote is required to advance an ordinance for adoption) . Second Reading of Ordinance M-30-99 will be under Unfinished Business on June 21, 1999). Moved by Arredia, seconded by Christiansen, to concur with recommendation of Committee of the Whole, re Zoning Case 99-PUD-V, to approve Final Planned Unit Development (PUD), Variations, Plat of Subdivision and Plat of Vacation for the Library Plaza redevelopment; and place on First Reading Ordinance Z-11-99, AN ORDINANCE GRANTING FINAL APPROVAL FOR A PLANNED UNIT DEVELOPMENT (PUD) IN ACCORDANCE WITH ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE, AND ASSOCIATED VARIATIONS TO SECTIONS 4.4.4.1; 4.4.4.2; 4.4.5.2; AND 9.1.8.4.1 OF THE ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A MIXED-USE RETAIL, RESIDENTIAL AND PUBLIC USE DEVELOPMENT, INCLUDING PARKING, A PLAT OF SUBDIVISION, AND PLAT OF VACATION ON THE PROPERTY KNOWN AS THE BLOCK BOUNDED BY LEE STREET, ELLINWOOD STREET, PEARSON STREET AND PRAIRIE AVENUE "LIBRARY PLAZA REDEVELOPMENT." Moved by Sayad, seconded by Brookman, that this matter be DEFERRED (further action on this matter under Unfinished Business on June 21, 1999). Moved by Arredia, seconded by Smith, to concur with recommendation of Committee of the Whole to approve sale of City-owned Lots 2, 3, and 5 consisting of two (2) Retail Parcels and Residential Parcel located at the southeast corner of Ellinwood Street and Lee Street, Library Plaza Subdivision, to Plaines Town Center, LLC, for the sale price of $500, 000; and place on First Reading Ordinance M-31-99, AN ORDINANCE AUTHORIZING THE SALE OF LOTS 2, 3, AND 5 OF THE LIBRARY PLAZA SUBDIVISION LOCATED AT ELLINWOOD AND LEE STREETS, DES PLAINES , ILLINOIS. Moved by Sayad, seconded by Brookman, that this matter be DEFERRED (further action on this matter under Unfinished Business on June 21, 1999). Moved by Arredia, seconded by Christiansen, to concur with recommendation of Committee of the Whole to authorize payment of $20,640/TIF Project No. 1 Funds, to Ted Vlahopoulos, owner of The Sugar Bowl Restaurant, 1492-94 Miner Street, as the City's contribution of the rehabilitation of the south and east facades of The Sugar Bowl Restaurant; and adopt Resolution R-36-99, A RESOLUTION AUTHORIZING THE PAYMENT OF $2 0, 64 0 TO TED VLAHOPOULOS, OWNER OF THE SUGAR BOWL RESTAURANT, 1492-94 MINER STREET, DES PLAINES, ILLINOIS, AS THE CITY'S CONTRIBUTION OF THE REHABILITATION OF THE SOUTH AND EAST FACADES OF THE SUGAR BOWL RESTAURANT. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried Moved by Smith, seconded by Elstner, to concur with recommendation of Committee of the Whole that it would be in the best interest of the City to award the bid for One (1) 1999 Heavy Duty Two-Wheel Drive Loader-Backhoe, to Westside Tractor, 1400 W. Ogden Avenue, Naperville, IL 60563, for Model John Deere 410E, in the total bid BACKHOE (Cont'd. ) ADJOURNMENT: 027 6/7/99 PAGE TEN amount of $53,700/1999 C.E.R.F. Upon roll call, the vote was: AYES: 5-Christiansen, Elstner, Sayad, Brookman, Smith NAYS: 2-Becker, Arredia ABSENT: 1-Beauvais Motion declared carried. Moved by Christiansen, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:55 p.m. APPROVED BY ME THIS