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09-07-1999083 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, TUESDAY, SEPTEMBER 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: O 1 p. m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, September 7, 1999. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, 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 Killian, City Engineer Oakley, Director of Community Development D'Onofrio, Director of Human Resources & Services Merriman, and Assistant City Attorney Bartel. PRAYER AND PLEDGE: PUBLIC HEARING: CITIZEN PARTICIPA.: The opening prayer was given by Pastor Tim Roames, Good News Church, followed by the Pledge of Allegiance to the Flag. Mayor Jung announced that the Public Hearing to consider a proposal to establish Special Service Area Number Five , has been canceled. Mr. Dick Ahlman, 314 Columbia Avenue, addressed the City Council stating that he is here representing the Cumberland Terrace Civic Club and the Northshire Civic Club to present petitions (with pictures) to the City Council asking that they urge Illinois Department of Transportation ( IDOT) to convert the median strip on Golf Road (Route 58) between Wolf Road and Mt. Prospect Road from concrete to green space, i.e. grass, trees or plantings; this is a major thoroughfare; it should be beautified like what is being done in other parts of the City. Alderman Smith stated his strong support of this request. Alderman Sayad concurred with Alderman Smith. Mr. Ted Sherwood, 675 Pearson Street, addressed the City Council concerning his request made several months ago at a City Council meeting that notification be given when there was going to be discussion regarding salary increases and union contract renewals; what happened? Mayor Jung stated he would do so in the future. Mrs. Charles G. Frisbie, 1641 Thacker Street, addressed the City Council stating that she was delighted that the alley behind Kunkel Realty has been named after Ralph Martin; it should be called Ralph Martin Drive and the sign should be black wrought iron, antique-style. Mrs. Irene Serwa, 1011 Crab Tree Lane, addressed the City Council commending the City, Maine Township and State Representative Rosemary Mulligan for their efforts to get $1.2 million to clean up Prairie-Farmers Creek; she is concerned because she heard the money will be used for concrete box culverts. Mayor Jung assured Mrs. Serwa that the money will not be used for just culverts, only a small portion, if any. CITIZEN (Cont'd. ) CONSENT AGENDA: MINUTES: Consent Agenda RATIFY AFSCME CONTRACT: Resolution R-53-99 Ordinance M-43-99 FORMATION/ STREETS CAPE COMMITTEE: Consent Agenda 084 9/7/99 PAGE TWO Mr. Vince Powers, 862 Webster Lane, addressed the City Council regarding their recent decision to receive revenue from the Calumet City Casino; this ~s morally offensive and hypocritical in light of the City's opposition to the Rosemont Casino; not all communities around Calumet City are in favor of their getting a gaming license, i.e. South Holland, Lansing, Harvey, Riverdale, Palos Heights; the City should investigate this. Alderman Brookman requested that Items S, Sa, Sb and 12 be removed from the Consent Agenda. Moved by Arredia, seconded by Sayad, to establish a Consent Agenda except for Items S, Sa, Sb and 12. Motion declared carried. Moved by Sayad, seconded by Elstner, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-41-99, Z-20-99, Z-21-99 and Z-22-99 were adopted; Ordinances Z-23-99 and Z-24-99 were placed on First Reading; and Resolutions R-S4-99, R-SS-99 and R-S6-99 were adopted. Moved by Sayad, seconded by Elstner, to approve minutes of regular meeting of the City Council held August 2, 1999, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, to approve Executive Session minutes of the City Council held August 2, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, to approve minutes of regular meeting of the City Council held August 16, 1999, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, to approve Executive Session minutes of the City Council held August 16, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to TABLE until September 20, 1999, the consensus in Executive Session of the City Council held August 2, 1999, to ratify contract between the City and the American Federation of State, County and Municipal Employees (AFSCME), Council 31, AFL-CIO Local 3891, effective May 1, 1999 through April 30, 2002; the adoption of Resolution R-S3-99; and the placing on First Reading of Ordinance M-43-99. Motion declared carried. Moved by Sayad, seconded by Elstner, to concur with recommendation of Committee of the Whole held August 23, 1999, to place the proposed 1999 Street scape Improvements on hold until the Spring of 2000, and form a committee consisting of the Engineering Committee, Director of Economic Development Jack Klaus, Keep Des Plaines Beautiful Commission and City Forester Jerry Lecocq, to develop a plan for Streetscape Improvements and report back to the City Council. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE 99-54-CU CONDIT. USE/ 1930 TOUHY: Consent Agenda Ordinance Z-23-99 ZONING CASE 99-59-CU CONDIT. USE/ 2700 s. RIVER RD.: Consent Agenda Ordinance Z-24-99 LICENSE AGREEMENT/ WIS. CENTRAL (10 11 WATER MAIN) : Consent Agenda Resolution R-54-99 LICENSE AGREEMENT/ WIS. CENTRAL (CABLING) : Consent Agenda Resolution R-55-99 TEMPORARY CLOSING OF RIVER RD./ MARYVILLE 8-K RUN: Consent Agenda Resolution R-56-99 085 9/7/99 PAGE THREE Moved by Sayad, seconded by Elstner, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Case 99-54-CU, to grant request for Conditional Use to permit a Class B restaurant in C-3 General Commercial District, on property located at 1930 Touhy Avenue; and further recommend to place on First Reading Ordinance z- 23-99, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-1 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW A CLASS B RESTAURANT AT 1930 EAST TOUHY AVENUE, DES PLAINES, ILLINOIS (CASE 9 9-54 -CU) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Case 99-59-CU, to grant request for Conditional Use to permit the mounting of a commercial mobile radio (wireless telecommunication service facility) on the roof of an existing office building in C-3 Limited Office Commercial District, on property located at 2700 S. Des Plaines-River Road; and further recommend to place on First Reading Ordinance Z-24-99, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 8.5 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE INSTALLATION OF A COMMERCIAL MOBILE RADIO SERVICE FACILITY ON THE ROOF OF AN EXISTING BUILDING AT 2700 SOUTH RIVER ROAD, DES PLAINES, ILLINOIS (CASE 99-59-CU) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute License Agreement with Wisconsin Central, Ltd., 6250 N. River Road, Suite 9000, Rosemont, IL 60018, to permit City to construct and maintain a 10" water main below railroad property in connection with Oakton Street Reconstruction Project; annual license fee of $300 to be paid by the general contractor; and further recommend to adopt Resolution R-54-99, A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A LICENSE AGREEMENT WITH WISCONSIN CENTRAL, LTD. FOR A 10" WATER MAIN CROSSING AT THE OAKTON STREET RIGHT-OF-WAY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute License Agreement with Wisconsin Central, Ltd., 6250 N. River Road, Suite 9000, Rosemont, IL 60018, to permit City to construct new streetlight cables in railroad right-of-way in connection with Oakton Street Reconstruction Project; annual license fee of $300 to be paid by the general contractor; and further recommend to adopt Resolution R-55-99, A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A LICENSE AGREEMENT WITH WISCONSIN CENTRAL, LTD. FOR STREETLIGHT CABLES LOCATED BENEATH THE WISCONSIN CENTRAL RIGHT-OF-WAY AT OAKTON STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, to concur with Staff recommendation to approve change of date for temporary closing of the right-hand southbound lane of River Road from Gregory Street to the Maryville Academy entrance, and from Hopi Lane to Kensington Road, from 10:00 a.m. to 11: 3 O a. m., Saturday, November 6, 1999, to permit Maryville Academy to hold their Oktoberfest, 8-K Run and 2-Mile Walk, proof of insurance naming City as additional insured has been received; City Clerk be authorized to submit necessary document to Illinois Department of Transportation; Resolution R-14-99, adopted by the City Council on March 1, 1999, be rescinded; and further recommend to adopt Resolution R-56-99, A RESOLUTION ACKNOWLEDGING MARYVILLE ACADEMY'S OKTOBERFEST 8-K RUN AND ~ R-56-99 (Cont'd.) FINAL PLAT/ SORENSEN'S RESUBDIV. 2170 ELMIRA & 614 JARVIS: PATIO VARIATION/ 615 PARSONS: Consent Agenda UNDERSIZED LOT DESIGN/ 1110 PRAIRIE: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M-41-99 DEDICATION OF ALLEY/ RALPH MARTIN: Consent Agenda ORDINANCE Z-20-99 REZON. & VARIATION/ FIRST AVE. & THACKER: Consent Agenda 086 9/7/99 PAGE FOUR 2 MILE WALK, TO BE HELD ON NOVEMBER 6, 1999 (CHANGED FROM SEPTEMBER 12, 1999), AND AUTHORIZING THE CLOSING OF THE RIGHT HAND SOUTHBOUND LANE OF RIVER ROAD, FROM GREGORY STREET TO THE MARYVILLE ENTRANCE AND THE SOUTHBOUND RIGHT HAND LANE OF RIVER ROAD, FROM HOPI LANE TO KENSINGTON, FOR THE 8-K RUN. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Sorensen's Resubdivision, 2170 Elmira and 614 Jarvis Avenues; Mayor and City Clerk be authorized to execute same; and further recommend that the City reserve the right to require at some future time that sidewalks be installed. Motion declared carried. Moved by Sayad, seconded by Elstner, to concur with Staff recommendation to grant request for Variation to Section 4 -7-9 of the Building Code Amendments, for property located at 615 Parsons Avenue, to permit construction of a patio that would extend up to 34' from building foundation (Code permits patios to extend up to 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, that it is the opinion of the City Council that the proposed undersized lot design for property located at 1110 Prairie Avenue will meet the standard for any new home in the City, as well as be compatible with the neighborhood. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Hauling and Disposal of Leaves, returnable by 3:00 p.m., Friday, September 24, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Two (2) New Current Production Model Heavy Duty Dump Trucks, returnable by 3:00 p.m., Friday, September 24, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) New Current Production Model Heavy Duty Tandem Axle Dump Truck, returnable by 3:00 p.m., Friday, September 24, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, to adopt Ordinance M-41-99, AN ORDINANCE PROVIDING FOR THE DEDICATION OF AN ALLEYWAY IN MEMORY OF RALPH MARTIN, THE SECTION OF ALLEY BETWEEN PRAIRIE AVENUE AND THACKER STREET, BEHIND KUNKEL REAL ESTATE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, to adopt Ordinance Z-20-99, AN ORDINANCE ISSUING A MAP AMENDMENT TO THE CITY OF DES PLAINES ZONING ORDINANCE, SECTION 3 . 7 -5, TO REZONE C-1 NEIGHBORHOOD SHOPPING TO M-1 LIMITED MANUFACTURING, AND TO SECTION 7.4-2 GRANTING A VARIATION TO PERMIT LOTS LESS THAN FIVE ACRES IN SIZE, AND TO SECTION 10 .8-3C, PERIMETER PARKING LOT LANDSCAPING, OF THE CITY OF DES PLAINES ZONING ORDINANCE, AT THE NORTHEAST CORNER OF FIRST AVENUE AND THACKER STREET (CASE 99-24-V AND 99-25- A) . Motion declared carried as approved unanimously under Consent Agenda. ~ ORDINANCE Z-21-99 CONDIT. USE/ 1649 OAKTON PL.: Consent Agenda ORDINANCE Z-22-99 VARIATION/ 2600 SCOTT: Consent Agenda WASTE HAULING OPTIONS: WARRANT REGISTER: 087 9/7/99 PAGE FIVE Moved by Sayad, seconded by Elstner, to adopt Ordinance Z-21-99, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW A WHOLESALE GOODS ESTABLISHMENT IN C-3 GENERAL COMMERCIAL, AT 1649 OAKTON PLACE, DES PLAINES, ILLINOIS (CASE 99-49-CU) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Elstner, to adopt Ordinance Z-22-99, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.1-3-E, "ACCESSORY USES AND STRUCTURES," OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A SECONDARY ACCESSORY STRUCTURE AT 2600 SCOTT STREET, DES PLAINES, ILLINOIS (CASE 99-51-V) . 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 PUBLIC WORKS Alderman Smith, Chair Director of Public Works Killian reviewed his memo of August 24, 1999, which states that the City's existing contract with Waste Management, Inc., for waste hauling services is scheduled to expire on March 30, 2000; this was a three (3) year contract with two (2) one year extensions. Mr. Killian is recommending that the City go out for bids on a new waste hauling contract, and presented three (3) options for levels of service that could be included in the bid specifications. A general discussion on these options followed. Alderman Beauvais asked if multi-family residences could be included; there are too many different garbage companies picking up garbage. Alderman Sayad agreed with Alderman Beauvais and also stated that he would like the contract to include that the garbage company would repair any damage to City streets caused by their trucks; pickup in the downtown area is not sufficient. Alderman Brookman stated that she agrees with the Staff recommendation that the City go out for bids. Alderman Christiansen stated that the two (2) main problems are damage to City streets and the cleanliness of the garbage pickup. Alderman Sayad stated that the contract should also include how long it will take to solve a problem. Following further discussion, Director Killian stated that he would prepare bid specifications incorporating the suggestions of the aldermen. FINANCE &: ADMINISTRATION -Alderman Christiansen, Chair Moved by Brookman, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council approval of September 7, 1999 -Warrant Register in the amount of $3,355,676.54, which includes $567.80 in expenditures to Home Depot; and further recommend that Resolution R-57-99 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approved $567.80 in expenditures to Home Depot -conflict of interest) . ~ ADULT USES ORDINANCE: LIQ. LIC./ 638 w. ALGONQUIN: LIQ. LIC./ 2687 MANNHEIM: 088 9/7/99 PAGE SIX LEGAL & LICENSING Alderman Beauvais, Chair Assistant City Attorney Bartel reviewed City Attorney Wiltse's memo of July 23, 1999, regarding the proposed ordinance which would define and restrict so-called "adult" uses in the City. Mr. Bartel stated that while the Courts have ruled that "adult" uses cannot be entirely prohibited, the City can prohibit them from locating within 500' of residences, churches, schools, parks, or from any other adult uses. Mr. Bartel stated that currently the City does not have an ordinance that deals with adult books, magazines, movies, etc., and recommends that the City adopt such an ordinance. Alderman Sayad stated that the proposed ordinance should be much more strict; can't owners of these establishments be required to attend some kind of training; the violation penalties should be very strict. Alderman Beauvais asked if the Central Business District can be added to the restricted areas. Mr. Bartel said yes, it probably can. Alderman Becker would like nursery schools specified in the ordinance. Alderman Smith asked that day care centers be included. Alderman Arredia asked if the footage could be expanded. City Manager Douthwaite said yes, if it is a reasonable amount, maybe 1,000'. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that he personally would not like to see any of these businesses come into the City; why doesn't the City have a special zoning classification and seek input from the neighbors. Ms. Audrey Fendius, 2 82 Harvey Avenue, addressed the Committee of the Whole stating that this issue disturbs her greatly; this has to be dealt with now; we have to keep this a good community. Moved by Brookman, seconded by Sayad, to recommend to the City Council to authorize the City Attorney to amend the proposed adult uses ordinance to incorporate the suggestions of the aldermen and place the proposed ordinance, as amended, on First Reading at appropriate time in the meeting. Motion declared carried. Petitioners Un Sook Sin and Thomas Jong Ha Kim were sworn in by the City Clerk and gave testimony before the Committee of the Whole. Moved by Smith, seconded by Elstner, to recommend to the City Council to approve Change of Ownership for Class E Liquor License for property located at 638 W. Algonquin Road, d/b/a New Seoul Restaurant, contingent upon verification of fingerprints. Motion declared carried. Petitioners Dharmesh N. Bhagwakar and Harsha D. Bhagwakar were sworn in by the City Clerk and gave testimony before the Committee of the Whole. Moved by Sayad, seconded by Becker, to recommend to the City Council to approve Change of Ownership for Class B Liquor License for property located at 2687 Mannheim Road, d/b/a O'Hare Liquors, contingent upon verification of fingerprints. Motion declared carried. TAXI LICENSE/ 2772 s. RIVER: SPEC. SVS. AREA #5/ DEAN ST.: ZONING CASE 99-56-A PUD AMEND./ LIBRARY PLAZA: ZONING CASE 99-44-V VARIATION/ 450 WESTERN: Ordinance Z-18-99 089 9/7/99 PAGE SEVEN Alderman Beauvais stated her concern about this request for a taxi license from this company; they have been operating in the City for a year without a license and they are parking their vehicles all over the City. Alderman Becker also expressed his concern that they have been operating without a license. The petitioner stated that he didn't know he needed a license. Alderman Beauvais questioned that statement since the petitioner stated earlier in the discussion that he had licensed taxis in other communities. Moved by Christiansen, seconded by Brookman, to recommend to the City Council to DENY request for ten (10) taxi licenses for United American Limo and Taxi, 2772 s. Des Plaines/River Road. Motion declared carried. ENGINEERING Alderman Elstner, Chair Alderman Elstner announced that the request for the creation of Special Service Area Number Five to provide reconstruction of curb and gutter, storm sewers, new driveway approaches and spot sidewalk replacement in the area of Dean Street and Howard Avenue, is being held for further review. COMMUNITY DEVELOPMENT Alderman Arredia, Chair Director of Community Development D'Onofrio reviewed his memo of August 20, 1999, regarding the request to amend the Library Plaza PUD to permit the addition of one (1) story to the proposed residential condominium buildings, add six (6) dwelling units and change the bedroom mix of the project; the Des Plaines Plan Commission voted to recommend approval. Petitioner Bruce Adreani, President of Norwood Builders, 7458 Harlem Avenue, Chicago, IL 60631, addressed the Committee of the Whole answering questions regarding the change of bedroom mix for the project; there has been a growing demand in Des Plaines for larger units. Mr. Adreani provided the aldermen with an artist rendering of what the building site will look like in comparison to surrounding buildings. Moved by Becker, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council to grant request, re Zoning Case 99-56-A, for an Amendment to Planned Unit Development (PUD) , Library Plaza, to permit construction of two (2) residential condominium buildings, each eight (8) stories in height, totaling 188 dwelling units; and further recommend that Ordinance z- 25-99 be placed on First Reading at appropriate time this evening. Motion declared carried. Alderman Brookman voted no. MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Beauvais, seconded by Sayad, to take from the table the matter that was tabled on August 16, 1999, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Case 99-44-V, for property located at 450 Western Avenue, to grant request for Variation to permit location of three (3) temporary trailers not on the building site but next door on the vacant property 450 WESTERN (Cont'd.) Tabled 8/16/99 ORDINANCE M-42-99 SKATEBOARD.: RESOLUTION R-58-99 WHISTLEBLOWER REWARD & PROTEC. ACT: RESOLUTION R-59-99 SOUNDPROOF./ OUR LADY OF DESTINY SCHOOL: 090 9/7/99 PAGE EIGHT located at 1100 Northwest Highway in M-2 General Manufacturing District; and further recommend to place on First Reading Ordinance Z-18-99. Motion declared carried. Moved by Beauvais, seconded by Smith, to concur with recommendation of Des Plaines Zoning Board of Appeals , re Case 99-44-V, for property located at 450 Western Avenue, to grant request for Variation to permit location of three (3) temporary trailers not on the building site but next door on the vacant property located at 1100 Northwest Highway in M-2 General Manufacturing District; and further recommend to place on First Reading Ordinance Z-18-99. Motion declared carried. Moved by Beauvais, seconded by Becker, to advance to Second Reading and adopt Ordinance Z-18-99, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.1-1-B OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 450 WESTERN AVENUE TO PERMIT THREE OFF-SITE TRAILERS TO BE LOCATED ON THE ADJACENT PROPERTY (1100 NORTHWEST HIGHWAY), DES PLAINES, ILLINOIS (CASE 99-44-V). Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Elstner, seconded by Sayad, to adopt Ordinance M-42-99, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 6 I "MISCELLANEOUS DRIVING RULES I II SECTION 8 I "USE OF COASTERS, ROLLER SKATES, SIMILAR DEVICES," TO PROHIBIT THE USE OF ROLLER BLADES AND SIMILAR DEVICES ON STREETS AND TO PROHIBIT SKATEBOARDING OR SIMILAR ACTIVITIES ON PUBLIC INFRASTRUCTURE LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT. Moved by Beauvais, seconded by Brookman, to call for the question. Motion declared carried. Aldermen Christiansen, Becker and Smith voted no. Upon roll call on the original motion, the vote was: AYES: 5-Beauvais, Elstner, Sayad, Brookman, Jung NAYS: 4-Christiansen, Becker, Smith, Arredia ABSENT: 0-None Motion declared carried. Moved by Brookman, seconded by Arredia, to adopt Resolution R-58-99, A RESOLUTION ADOPTING THE PROVISIONS OF THE WHISTLEBLOWER REWARD AND PROTECTION ACT AS PROVIDED BY PUBLIC ACT 89-260 OF THE STATE OF ILLINOIS. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Elstner, to adopt Resolution R-59-99, A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF DES PLAINES TO ENTER INTO A LIMITED AGENCY AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION, DIVISION OF AERONAUTICS FOR SOUNDPROOFING AT OUR LADY OF DESTINY SCHOOL, AT 1880 ASH STREET, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. ORDINANCE M-44-99 AUTHORIZING ACCEPTANCE/ CALUMET CITY GAMING REVENUE: WASTE HAULING OPTIONS: WARRANT REGISTER: Resolution R-57-99 ADULT USES ORDINANCE: Ordinance M-45-99 LIQ. LIC./ 638 w. ALGONQUIN: LIQ. LIC./ 2687 MANNHEIM: TAXI LICENSE/ 2772 s. RIVER RD.: SPEC. SVS. AREA #5/ DEAN ST.: ZONING CASE 99-56-A PUD AMEND./ LIBRARY PLAZA: Ordinance Z-25-99 091 9/7/99 PAGE NINE Moved by Becker, seconded by Sayad, to place on First Reading Ordinance M-44-99, AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF REVENUE PURSUANT TO THE CALUMET CITY SOUTH SUBURBAN MAYORS AND MANAGERS ASSOCIATION AGREEMENT. Motion declared carried. Aldermen Brookman, Smith and Arredia voted no. (Final action on this matter under Unfinished Business on September 20, 1999) Alderman Smith, Chairman of the Public Works Committee, reported that the Director of Public Works was given direction under Committee of the Whole regarding preparation of bid specifications for waste hauling. Moved by Christiansen, seconded by Sayad, to concur with recommendation of Committee of the Whole to adopt Resolution R-57-99, 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: $3,355,676.54, which includes $567.80 in expenditures to Home Depot. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried (Alderman Elstner abstained on approving $567.80 in expenditures to Home Depot conflict of interest) . Moved by Beauvais, seconded by Arredia, to concur with recommendation of Committee of the Whole that City Attorney be authorized to amend proposed adult uses ordinance to incorporate the suggestions of the aldermen and place on First Reading Ordinance M-45-99 AS AMENDED. Motion declared carried (final action on this matter under Consent Agenda on September 20, 1999). Moved by Beauvais, seconded by Arredia, to concur with recommendation of Committee of the Whole, to approve Change of Ownership for Class E Liquor License for property located at 63 8 W. Algonquin Road, d/b/ a New Seoul Restaurant, contingent upon verification of fingerprints. Motion declared carried. Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole, to approve Change of Ownership for Class B Liquor License for property located at 2687 Mannheim Road, d/b/a O'Hare Liquors, contingent upon verification of fingerprints. Motion declared carried. Moved by Beauvais, seconded by Brookman, to concur with recommendation of Committee of the Whole, to DENY request for ten (10) taxi licenses for United American Limo and Taxi, 2772 s. Des Plaines/River Road. Motion declared carried. Alderman Elstner, Chairman of the Engineering Committee, reported that during the Committee of the Whole, the request for the creation of Special Service Area Number Five to provide reconstruction of curb and gutter, storm sewers, new driveway approaches and spot sidewalk replacement in the area of Dean Street and Howard Avenue, was held for further review. Moved by Arredia, seconded by Elstner, to concur with recommendation of Committee of the Whole, to grant request, re Zoning Case 99-56-A, for an Amendment to Planned Unit Development (PUD) , Library Plaza, to permit construction of two (2) residential condominium buildings, each eight (8) stories in height, totaling 188 dwelling units; and place on First Reading Ordinance Z- 25-99. Motion declared carried. Alderman Brookman voted no. Z-25-99 (Cont'd.) ADVERTISING FOR BIDS: ADJOURNMENT: 092 9/7/99 PAGE TEN Moved by Christiansen, seconded by Elstner, to advance to Second Reading and adopt Ordinance Z-25-99, AN ORDINANCE GRANTING AN AMENDMENT TO LOT 5 OF THE LIBRARY PLAZA REDEVELOPMENT PLANNED UNIT DEVELOPMENT IN ACCORDANCE WITH ARTICLE 3, SECTION 5 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF TWO RESIDENTIAL CONDOMINIUM BUILDINGS (CASE ' 99-56-A). Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Becker, Smith, Arredia NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. City Clerk McAllister announced that the City will be advertising for bids for Emergency Back-Up Generator Replacement for City Hall, returnable by 3: 00 p. m., Friday, October 1, 1999. Moved by Christiansen, seconded by Elstner, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:40 p.m. Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS ~