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11-15-1999123 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS 1 DES PLAINES CIVIC CENTER, MONDAY 1 NOVEMBER 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 Pro Tern Christiansen at 8: 01 p. m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Ci vie Center on Monday, November 15, 1999. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia. Alderman Elstner left the meeting at 11:15 p.m. Also present were: City Manager Douthwaite, Assistant to the City Manager Johnson, Director of Economic Development Klaus, Director of Finance Egeberg, Fire Chief Farinella, Police Chief Sturlini, Director of Public Works Killian, City Engineer Oakley, Director of Community Development D'Onofrio, Assistant City Attorney Bartel, and City Attorney Wiltse. PRAYER AND PLEDGE: CITIZEN PARTICIPA. : CONSENT AGENDA: The opening prayer was given by Rev. David Laaser, First Congregational Church, followed by the Pledge of Allegiance to the Flag. Mr. Vince Powers, 862 Webster Lane, addressed the City Council stating that soon they will be deciding who among their ranks will be the Acting Mayor; there are many qualified aldermen who could do this job; he strongly recommends that this be done in public; they could be a witness to the process; they do this in open session in other communities; the public has the right to know that their alderman is being up-front. Alderman Sayad stated that he has received 12 telephone calls regarding this matter; he agreed that this decision should be made in open session and televised; he would like to cancel tomorrow night's meeting and reschedule when there are clear defined rules, before a decision is made. Alderman Smith stated that he doesn't think this should be decided tonight; it should be done at the Special Meeting tomorrow night. Moved by Sayad, seconded by Brookman, that the election of the Acting Mayor be done in open session. Mayor Pro Tern Christiansen ruled the motion out of order. Mr. Greg Lietzau, 2040 Miner Street, addressed the City Council stating his concern about the traffic on Miner Street by the Sugar Bowl Restaurant; the City should buy the 13 acres on Northwest Highway near the U.S. Gypsum Company to be used as a parking lot and have commuter buses to the train station and bus terminal. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that the election of the Acting Mayor should be in open session; when someone runs for office everything comes out anyway. Alderman Brookman requested that Items 4 and 4a be removed from the Consent Agenda. Moved by Sayad, seconded by Elstner, to establish a Consent Agenda except for Items 4 and 4a. Motion declared carried. CONSENT (Cont'd.) MINUTES: Consent Agenda SIDEWALKS/ WEBSTER LANE: Consent Agenda DECREASE CLASS E LIQ. LIC./ 20 W. GOLF: Consent Agenda Ordinance M-49-99 STATE GIFT BAN ACT AMENDMENT: Ordinance M-50-99 1999 AGGREG. TAX LEVY DETERMINA. : Consent Agenda Resolution R-75-99 FACADE REHABILIT. PROGRAM/ 694 LEE: Consent Agenda Resolution R-76-99 PAGE TWO 124 11/15/99 Moved by Brookman, seconded by Sayad, to approve the Consent Agenda. Upon roll call, the vote was: AYES: a-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 T-8-99 and T-9-99 were adopted; Ordinance M-49-99 was placed on First Reading; and Resolutions R-75-99, R-76-99 and R-77-99 were adopted. Moved by Elstner, seconded by Sayad, to approve minutes of the regular meeting of the City Council held November 1, 1999, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with recommendation of Committee of the Whole held November 4, 1999, that City Engineer be authorized to prepare a topographical survey and obtain an estimate of cost for the construction of sidewalks on both sides of Webster Lane, between Oakton Street and Howard Avenue. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to amend Title V, Chapter 34 "Intoxicating Liquors, " Section 5-34-18, to decrease total number of Class E Liquor Licenses by one due to the closing of the business located at 20 W. Golf Road, d/b/a Sayat Nova; and further recommend to place on First Reading Ordinance M-49-99, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO DECREASE THE TOTAL NUMBER OF CLASS E LICENSES BY ONE TO BE 15. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, that the Staff recommendation to amend Title I, Chapter 26 -"State Gift Ban Act," Section 1-26-3, to add a Local Ethics Commission to hear local gift ban complaints instead of a State Legislative Ethics Commission, and placing on First Reading Ordinance M-50-99, AN ORDINANCE OF THE CITY OF DES PLAINES AMENDING DES PLAINES CITY CODE ORDINANCE M-29-99, TITLE I, "ADMINISTRATIVE," TO AMEND CHAPTER 26 "STATE GIFT BAN ACT," TO ADD A LOCAL ETHICS COMMISSION TO SECTION 1-26-3, BE TABLED until December 6, 1999. Motion declared carried. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation that pursuant to the Truth In Taxation Act of the State of Illinois Compiled Statutes (1998), the City determines that the 1999 Aggregate Tax Levy shall be $13,709,919, excluding General Obligation Bond Debt Service; and further recommend to adopt Resolution R-75-99, A RESOLUTION OF THE CITY COUNCIL TO DETERMINE THE AGGREGATE AMOUNT OF THE 1999 PROPERTY TAX LEVY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to authorize payment of $14,530/TIF Project No. 1 Funds, to Guillermo Gonzalez, owner of the Taqueria Y Restaurant, 694 Lee Street, as the City's contribution of the rehabilitation of the south and west facades of the Taqueria Y Restaurant; and further recommend adoption of Resolution R-76-99, A RESOLUTION AUTHORIZING THE PAYMENT OF $14, 530 TO GUILLERMO GONZALEZ, OWNER OF THE TAQUERIA Y RESTAURANT, 694 LEE STREET, DES PLAINES, ILLINOIS, AS THE CITY'S CONTRIBUTION OF THE REHABILITATION OF THE SOUTH AND WEST FACADES OF THE TAQUERIA y RESTAURANT. Motion declared carried as approved unanimously under Consent Agenda. 2000 KEEP ILLINOIS BEAUTIFUL GRANT: Consent Agenda Resolution R-77-99 PURCHASE OF LIQ. CALCIUM CHLORIDE &: ROCK SALT: Consent Agenda CHANGE ORDER/ OAKTON ST. WATER TANK PAINTING: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda ORDINANCE T-8-99 PARKING RESTRICTION/ CUMBERLAND ESTATES: Consent Agenda 125 11/15/99 PAGE THREE Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to authorize submission of an application to Illinois Lieutenant Governor's Office for matching grant funding through the "Keep Illinois Beautiful Program" in the amount of $4,900 with the City matching funds in the amount of $4,900/2000 Budget; funds to provide information to all Des Plaines households about curbside collections by the City's chosen waste hauler and about collections of branches, leaves and holiday evergreen trees (for recycling) by the City1 s Public Works Department; Mayor Pro Tern and City Clerk be authorized to execute necessary documents; and further recommend to adopt Resolution R-77-99, A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF ILLINOIS LIEUTENANT GOVERNOR 1 S OFFICE FOR GRANT FUNDING AVAILABLE THROUGH THE "KEEP ILLINOIS BEAUTIFUL PROGRAM," AND AUTHORIZING THE MAYOR PRO TEM TO EXECUTE SUCH AGREEMENTS AS ARE NECESSARY TO CAUSE SAID APPLICATION TO BE CONSIDERED. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to accept low bid for joint purchase through Northwest Municipal Conference of Liquid Calcium Chloride from Sicalco, Ltd., 5240 W. 123rd Place, Alsip, IL 60803, for the City's requested quantity of 13,200 gallons, delivered and premixed, for a total cost of $2,976.60, and City Clerk be authorized to execute IDOT Form BLR 6103 to authorize expenditure of this amount from MFT Section 99-00000-00 GM; and further accept low bid for joint purchase through Illinois Department of Central Management Services of Rock Salt from Cargill Salt, Inc., 24950 Country Club Blvd., Suite 450, North Olmsted, OH 44070, for City's requested 4, 544 tons, delivered, for a total cost of $120,000, and City Clerk be authorized to execute IDOT Form BLR 6103 to authorize expenditure of this amount from MFT Sections 99-00000-00 GM ($40,000) and 00-00000-00 GM ($80,000). Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation to approve Change Order #1 to contract with Jetco, Ltd., P.O. Box 934, Prospect Heights, IL 60070, for the Oakton Street Elevated Water Tank Painting project (approved by the City Council on May 3, 1999), to perform additional repairs not known when contract was approved, in the amount of $12,400/Capital Improvement Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Coping Stone Replacement at City Hall, 1420 Miner Street, returnable by 3:00 p.m., Tuesday, December 7, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Pumping Station Modifications at the Maple Street Station and at the Central Road Station, returnable by 3:00 p.m., Friday, December 17, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to adopt Ordinance T-8 - 9 9 I AN ORDINANCE AMENDING TITLE x I "TRAFFIC I " TO CREATE A NEW SECTION 19, "CUMBERLAND ESTATES PARKING RESTRICTION, " OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE T-9-99 PARKING RESTRICTION/ DULLES &: WESTGATE: Consent Agenda PRESENTATION: LAKE POINTE SENIOR RESIDENCES/ RAND &: MINER ST.: PRESENTATION: THE RIVIERA/ 1050 OAKTON: PAGE FOUR 126 11/15/99 Moved by Brookman, seconded by Sayad, to adopt Ordinance T-9-99, AN ORDINANCE AMENDING TITLE X, "TRAFFIC," CHAPTER 5 I II STOPPING I STANDING AND PARKING I II SECTION 1 7 I II PARKING PROHIBITED IN DESIGNATED PLACES, " IN THE CITY CODE OF THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. MAYOR PRO TEM CHRISTIANSEN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE COMMUNITY DEVELOPMENT Alderman Arredia, Chair Alderman Arredia introduced Philip Mappa, owner of the property located at the southwest corner of Rand Road and Miner Street, who is proposing to build the "Lake Pointe Senior Residences of Des Plaines" on this site. Mr. Mappa introduced Mr. Colin Regan, The Regan Group, who is joining him in this project. Also present was Mr. Robert B. Hamilton, Gewalt Hamilton Associates, Inc. Consulting Engineers. Mr. Mappa stated that there have been several meetings on this proposed project with the residents of the area; also with Alderman Beauvais and Director of Economic Development Klaus. Mr. Mappa stated that they are proposing a 10-story "well-elderly" or independent living style of housing consisting of 560 units for ages 55 and older. There will also be a limited area for assisted living, but not a nursing home; a community center, library, dinner area, beauty shop, etc. Mr. Mappa stated that he has been a developer in Des Plaines for over 20 years and is aware of the residents' concerns regarding density, height, traffic and flooding. They are going to try to lower the heights and keep as much green space as possible. There will be a mix of one (1) and two (2) bedroom units and some studio apartments. Mr. Mappa stated that he hopes this will become a TIF area so he will be able to keep the rents at a very affordable level. Alderman Arredia thanked Mr. Mappa for this presentation; this is only the first step in the process, but he wanted the City Council to see what is being proposed for this site. Alderman Arredia introduced Mr. Nick Mitchell, President and C.E.O. of Mitchell Hospitality Group, Inc., who owns Grazie Ristorante and Banquets, located at 1050 E. Oakton Street, and is proposing to build a senior residence, "The Riviera," on this site. Mr. Mitchell stated that he has been doing business in Des Plaines for 19 years; he wants to improve the life style for seniors; this will be a very exciting project consisting of a twelve story, 220 residential unit building for persons 55 years and older with provisions for Continual Care. There will be one (1) and two (2) bedroom apartment homes and some studio units. Mr. Mitchell stated that a firm from Paris designed the building, which will have a health club, swimming pool, chapel, shops, a bank, etc. It will be built to exacting standards of quality and design excellence; all the style and attention to detail of a fine hotel. 1050 OAKTON (Cont'd. ) REFERENDUM/ APPOINTED CITY CLERK: 127 11/15/99 PAGE FIVE Mr. Mitchell stated that there will be a variety of programs and special services available, i.e. dining room; housekeeping; social, recreational, educational and cultural programs; health and wellness service; and travel and entertainment. Mr. Mitchell stated that they anticipate approximately 300 new jobs for this project, which they hope to fill with Des Plaines residents; there will be great tax benefits for Des Plaines from the real estate and sales tax generated by "The Riviera." Mr. Mitchell stated that he realizes that the height of the building is a major issue; they would like to stay with the height, but could bring it down 11'; but 149' is what they would like to have. Alderman Sayad asked Director of Community Development D' Onofrio what variations would need to be approved . Director D'Onofrio stated that there would have to be a major height variation and he would also have to take a look at the parking. Alderman Arredia thanked Mr. Mitchell for this presentation; this is only the first step in the process, but he wanted the City Council to see what is being proposed for this site. LEGAL & LICENSING Alderman Beauvais, Chair City Manager Douthwaite reviewed his memo of November 5, 1999, regarding City Clerk McAllister request that a referendum be placed on the March 21, 2000 election ballot to change the position of City Clerk from being elected to being appointed by the Mayor with the concurrence of the City Council. Alderman Brookman stated that she personally believes that the citizens want to be able to determine who will serve in this position. Alderman Beauvais stated that this issue should be on a referendum. Alderman Smith stated that the people should be educated with the pros and cons; he doesn't think this was done with the term limits referendum. Ms. Laura Murphy, 53 8 Prairie Avenue, addressed the Committee of the Whole stating that there is no logical reason for going forward with this change; what will be accomplished; an appointed position negates any accountability; it shuts off the voice of the residents. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that if it doesn't work out the City Council could put on another referendum; it could always be changed back. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that the citizen's right to vote should never be jeopardized; an appointment takes it away from the voters; why should the City Council grant this special request by the City Clerk; he has come before the City Council many times with requests for referendums and have always been turned down; this is wrong. Alderman Brookman stated that she understands Mr. Powers' frustration; she has not received one call to change this position from an elected to an appointed City Clerk. CITY CLERK (Cont'd.) REFERENDUM/ CASINO GAMING REVENUE SHARING: Tabled on 10/18/99 128 11/15/99 PAGE SIX Mr. Dick Ahlman, 314 Columbia Avenue, addressed the Committee of the Whole stating that when the term limits referendum passed in 1998 it mixed in the City Clerk position which is full-time and requires a highly skilled person; the City has been very lucky with the people who have served in this position; we should have a referendum so at least the people will have a choice. Alderman Brookman stated that perhaps the term limits should be addressed for this position. Mr. Ahlman stated that he is concerned that someone who is not qualified could be elected. Moved by Smith, seconded by Christiansen, to recommend to the City Council that a referendum be placed on the March 21, 2000 General Primary Ballot asking the question "Shall the manner of selecting the City Clerk of the City of Des Plaines be changed from election by the voters to appointment by the Mayor with the concurrence of the City Council effective with the expiration of the City Clerk's term in April 2001?;" and Resolution R-78-99 be adopted at appropriate time this evening. Moved by Elstner, seconded by Brookman, to recommend to the City Council that this matter be tabled indefinitely until there is more information. Alderman Smith asked where and from whom are we going to get this information. Following further discussion, moved by Brookman, seconded by Becker, to call for the question. Motion declared carried. Aldermen Smith and Christiansen voted no. Alderman Elstner's motion was declared failed. Aldermen Elstner and Brookman voted yes. Moved by Sayad, seconded by Brookman, to recommend to the City Council that the matter of a referendum to determine if the position of City Clerk should be changed to appointed from elected be TABLED until January 3, 2000. Motion declared carried. Alderman Smith voted no. City Attorney Wiltse reviewed his memo of November 4, 1999, stating that on August 9, 1999, the City Council voted to support Calumet City's efforts to obtain a gambling license, to participate in gambling revenue sharing, and submit the issue to a future referendum. On October 18, 1999, the City Council tabled Resolution R-67-99 with instructions to change the language to include the wider question of participating in any revenue sharing agreement. Mr. Wiltse stated that this language was put into a draft resolution which the City Council has before them for consideration this evening. Moved by Becker, seconded by Sayad, to recommend to the City Council that a referendum be placed on the March 21, 2000 General Primary Ballot asking the question "Shall the City participate in any revenue sharing agreement to accept money from any casino located outside of Des Plaines?;" and Resolution R-67-99 -AS AMENDED be adopted as the appropriate time this evening. Alderman Smith stated that he doesn't think the City should be endorsing any casino revenue. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that this issue has turned out to be a big fiasco; on May 3rd you all agreed to oppose the expansion of gambling. Alderman Becker's motion was declared carried. Smith voted no. Alderman 12/20/99 AMENDMENT ADD: "Alderman Sayad asked the City Manager if the City Clerk is appointed, does he or she have to live in Des Plaines. The City Manager answered no. Alderman Sayad asked if the City Clerk is appointed, would they automatically get raises like our Department Heads. The City Manager answered that the City Clerk would be treated like all current Department Heads, yes, they would. The City Manager stated that if appointed, the City Clerk's salary would automatically be adjusted according to the industry. Alderman Sayad stated that he feels that if appointed, the Mayor can dismiss the City Clerk at any time, where currently they would have a four year term which would bring stability to the position and accountable only to the residents. Alderman Sayad said that he received calls from his residents stating to leave the process for our City Clerk alone, nothing is broken. Alderman Beauvais asked City Clerk Donna McAllister is she wants to say anything about the referendum request, she replied no." RESIDENCY REQUIREMENT/ DEPT. HEADS: WARRANT REGISTER: AMENDMENT/ PROPOSED 5-YEAR CIP PROGRAM: REFERENDUM/ APPOINTED CITY CLERK: REFERENDUM/ CASINO GAMING REVENUE SHARING: Resolution R-67-99 AS AMENDED 129 11/15/99 PAGE SEVEN Moved by Sayad, seconded by Becker, to recommend to the City Council that the proposed residency requirement for department heads be TABLED until December 20, 1999. Motion declared carried. Alderman Smith voted no. FINANCE &: ADMINISTRATION -Alderman Brookman, Vice Chair Moved by Arredia, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council approval of November 15, 1999 -Warrant Register in the amount of $4,515,118.20; and further recommend that Resolution R- 79-99 be adopted at appropriate time this evening. Motion declared carried. MAYOR PRO TEM CHRISTIANSEN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Elstner, seconded by Arredia, to concur with recommendation of the Committee of the Whole held November 4, 1999, to amend the Proposed 5-Year Capital Improvement Program to move the reconstruction of First Avenue, from Prairie Avenue to North Avenue, to Year 2oo1 (from Year 2000); and move reconstruction of Fourth Avenue, from North Avenue to Thacker/Dempster Street, to Year 2000 (from Year 2001) . Alderman Beauvais asked if the City Council would consider just adding Fourth Avenue to the CIP and not swapping with First Avenue. City Engineer Oakley said that would cost an additional $1 million. Alderman Elstner stated that he would not be in favor of doing that. Alderman Arredia stated that he is having second thoughts about swapping streets; we should follow the CIP; he would not be in favor of adding Fourth Avenue to the CIP. Alderman Elstner stated that this decision should be left up to the alderman of that ward. Upon roll call on the motion, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Sayad, to concur with recommendation of Committee of the Whole that the matter of a referendum to determine if the position of City Clerk should be changed to appointed from elected be TABLED until January 3, 2000. Motion declared carried. Alderman Smith voted no. Moved by Beauvais, seconded by Sayad, to concur with recommendation of Committee of the Whole that a referendum be placed on the March 21, 2 O O O General Primary Ballot asking the question "Shall the City participate in any revenue sharing agreement to accept money from any casino located outside of Des Plaines?;" and adopt Resolution R-67-99, A RESOLUTION PROVIDING FOR AND REQUIRING THE SUBMISSION OF AN ADVISORY QUESTION OF PUBLIC POLICY TO THE ELECTORS OF THE CITY OF DES PLAINES, CASINO GAMING (Cant' d.) RESIDENCY REQUIREMENT/ DEPT. HEADS: WARRANT REGISTER: Resolution R-79-99 ADVERTISING FOR BIDS: JOINT RESOL. WITH PARK RIDGE RE O'HARE: EXECUTIVE SESSION: PENDING LITIGATION/ N.W. MUNICIP. CREDIT UNION: 130 11/15/99 PAGE EIGHT COOK COUNTY, ILLINOIS, AT THE GENERAL PRIMARY SCHEDULED TO BE HELD ON TUESDAY, MARCH 21, 2000. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Arredia NAYS: 1-Smith ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Brookman, to concur with recommendation of Committee of the Whole that the proposed residency requirement for department heads be TABLED until December 2 O, 1999. Motion declared carried. Alderman Smith voted no. Moved by Brookman, seconded by Becker, to concur with recommendation of Committee of the Whole to adopt Resolution R-79-99, 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: $4,515,118.20. 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. City Clerk McAllister announced that bids will be advertised for Janitorial Contract for Des Plaines Transit Center, 1501 Miner Street, returnable by 3:00 p.m., Friday, December 3, 1999. At the request of the aldermen, Mayor Pro Tern Christiansen referred the discussion on the proposed joint resolution with the City of Park Ridge regarding the development of a Consolidated Master Plan for O'Hare Airport to the next meeting on December 6, 1999, under Unfinished Business. Moved by Sayad, seconded by Brookman, to go Executive Session to discuss pending litigation. roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. The City Council recessed at 11:15 p.m. The City Council reconvened at 11:30 p.m. into Upon Roll call indicated the following aldermen present: Beauvais, Christiansen, Sayad, Brookman, Becker, Smith, Arredia. Moved by Beauvais, seconded by Brookman, to concur with majority agreement in Executive Session that the Staff be authorized to settle the dispute with the Northwest Municipal Federal Credit Union as directed. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Sayad, Brookman, Becker, Smith NAYS: 1-Arredia ABSENT: 1-Elstner Motion declared carried. PENDING LITIGATION MARY AUER V. CITY: ADJOURNMENT: 131 11/15/99 PAGE NINE Moved by Sayad, seconded by Brookman, to concur with consensus of the aldermen taken by telephone by the City Attorney to authorize a settlement of $17,500 in the Mary Auer v. City law suit. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 1-Elstner Motion declared carried. Moved by Sayad, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:35 p.m. ~~~ Donna McAllister, CMC/AAE -CITY CLERK APPROVED BY ME THIS d---( 1999