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09-05-2000092 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 TUESDAY I SEPTEMBER 5, 2000 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Acting Mayor Anthony W. Arredia at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, September 5, 2000. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker , Smith, Petersen. Alderman Beauvais left the meeting at 11:40 p.m. Also present were: City Manager Douthwaite, Assistant City Manager-EDC Schneider, Assistant to the City Manager Baj or, Director of Finance Egeberg, Police Chief Ryan, Fire Chief Farinella, Director of Public Works Killian, Director of Engineering Oakley, Director of Community Development D'Onofrio, Director of Human Resources & Services Merriman, and Assistant City Attorney Bartel. PRAYER AND PLEDGE: PRESENTATION: CITIZEN PARTICIPA.: The opening prayer was given by Sister Clare Marie, Sisters of the Holy Family of Nazareth, followed by the Pledge of Allegiance to the Flag. Acting Mayor Arredia presented Certificates of Appreciation to the following people who had been nominated for the "Be Nice" awards: Bill Maher, Mare Cunningham, Johanna Erklin, John Clancy and Barbara Livingston. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that he does a lot of walking and sometimes he gets scared when people come up behind him on bicycles and almost run him over; he can get out of the way but sometimes elderly people can't; he wishes that something could be done about this; people have the right of way on sidewalks . Mrs. Annette Lucas, 2452 Seminary Avenue , addressed the City Council stating that she found a tall stick with a small flag at the top in the ground on her property and is very upset; who did this?; what is it for? City Engineer Oakley stated that he wasn't sure but it might be a marker for soil borings. Mrs. Lucas stated that she hopes we do not get a Home Depot in her neighborhood; she is very upset and hurt. Acting Mayor Arredia asked her to give her telephone number to the City Clerk and someone would get back to her about this matter. Mr. Phil Fetzer, 1155 Walnut Avenue, addressed the City Council stating that he has lived in Des Plaines for many years; he owns property at 1634 Forest Avenue on which he wants to build a house; he said the City wants him to put in a 200' storm sewer which will cost him $10,000; he doesn't see why he should have to put that in; it is unreasonable. Acting Mayor Arredia asked him to give his telephone number to the City Clerk and someone would get back to him about this matter. Mrs. Teri Biggar, 740 Cordial Drive, addressed the City Council stating that a neighbors living behind her on Elizabeth Lane have built a professional batting cage in their backyard; the cage was constructed without a permit; she has no doubt that it was expensive but the net will deteriorate from the weather, animals, etc. ; how does she know if they have adequate insurance; she CITIZEN PART. (Cont'd.) PARKING IN FRONT OF THE LIBRARY: RESIDENCY FOR DEPART. HEADS: TERRACE SCHOOL CUL-DE-SAC: 093 9/5/00 PAGE TWO worries about the safety of her children; these balls go 90 miles an hour; there is also noise; he is operating a business out of his garage and he built a shed on the property line and the City won't do anything about it; she understands another neighbor wants to install a similar batting cage; how is the City going to insure the safety of her children and the neighbors. Alderman Petersen stated that this is in her Ward and she would be happy to bring this matter before the City Council. Alderman Sayad stated that he would place this on his committee agenda for October 2, 2000. Mr. Vince Powers, 862 Webster Lane, addressed the City Council stating that Tuesday night this City Council voted to deny the citizens the right to vote on whether department heads should reside in the City; the people lost; Alderman Brookman deserves credit for bringing this issue to the City Council; he is not sure that anything can be done to get this on the November election ballot; citizen groups are not the enemy of this City Council; we may have lost a very important battle, but we will win the war. Mr. John Yaccino, 1779 Cora Street, addressed the City Council stating his concern that speed signs are covered over with shrubs along Touhy Avenue and along River Road; is this a town of speed traps or don't they care. Mr. Yaccino also stated that residency is a very important issue with him; he thinks this can be done with a binding referendum; we should decide how much time the department heads have to move into the City. Alderman Brookman stated her concern about how close the parking spaces in front of the new Library are to the railroad tracks; a small child could run onto the tracks ; there needs to be some kind of barrier between the tracks and the parking lot; she asked if the Staff could take a look at this for some kind of temporary barrier and then the Streetscape Committee could look at a more permanent structure. Police Chief Ryan stated that these concerns are very valid; he spoke with Director of Public Works Killian about erecting some kind of barrier. Director of Community Development D'Onofrio stated that a landscape barrier was in the original LR Development plans, but the railroad prohibited them from putting in anything but grass because they are going to do some work in this area; we will need the railroad's approval for the final structure. Moved by Brookman, seconded by Sayad to suspend the rules for discussion on residency for department heads. Upon roll call, the vote was: AYES: 5-Beauvais, Sayad, Brookman, Becker, Arredia NAYS: 4-Christiansen, Elstner, Smith, Petersen ABSENT: 0-None Motion declared failed (2/3 majority required) . Alderman Sayad stated that the aldermen have received a letter regarding the proposed cul-de-sac and land swap with School District #62 on the east side of Fire Station #3 by Terrace School; it would eliminate the bus traffic going down Westgate Road; it would cost approximately $75,000; State Senator Dave Sullivan has indicated that a $50,000 grant may be available for this proj ect; the City would pick up the balance of the cost; this project would be done next year. CUL-DE-SAC (Cont'd.) ZONING CASE 00-46-CU CONDIT. USE/ CENTRAL & RAND RDS.: PERRY ST. ANGLE PARKING: CONSENT AGENDA: MINUTES: Consent Agenda CORRECT JOB TITLES/FIRE GROUP: Consent Agenda Ordinance M-43-00 PAGE THREE 094 9/5/00 Moved by Sayad, seconded by Brookman, that Staff be authorized to prepare design plans for construction of a bus driveway and cul-de-sac on the east side of Fire Station #3 from Thacker/Dempster Street. Alderman Christiansen questioned why this matter can't be put in committee so it can be discussed in detail. Moved by Christiansen, seconded by Smith, to refer the matter of construction of a cul-de-sac on the east side of Fire Station #3 from Thacker/Dempster Street to committee for review. Motion declared failed. Alderman Christiansen voted yes. Motion declared carried on the original motion. Alderman Christiansen voted no. Alderman Beauvais questioned whether this shouldn't be discussed during budget hearings. Alderman Elstner asked Director of Engineering Oakley what would be involved in preparing these design plans. Director Oakley stating there would be some field work, elevations; approximately 20 Staff hours. Moved by Christiansen, seconded by Brookman, to TABLE until September 18, 2000, the matter of Zoning Case 00- 46-CU, Central & Rand Roads, Ordinance Z-18-00, scheduled to be discussed in Committee of the Whole later this evening. Motion declared carried. Moved by Elstner, seconded by Becker, to TABLE the matter of Perry Street Angle Parking scheduled to be discussed in Committee of the Whole later this evening. Motion declared carried. Alderman Christiansen requested that Items 3 and 3a be removed from the Consent Agenda and Alderman Becker requested that Items 5 and Sa be removed. Moved by Sayad, seconded by Brookman, to establish a Consent Agenda except for Items 3, 3a, 5 and Sa. Motion declared carried. Moved by Brookman, seconded by Becker, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; and Ordinance M-43-00, M-45-00 and T-6-00 were placed on First Reading. Moved by Brookman, seconded by Becker, to approve minutes of the regular meeting of the City Council held August 21, 2000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Becker, to concur with Staff recommendation to amend Title I, Chapter 15 "Position Classification and Compensation Plan," Section 4, Schedule I-A -"Fire Group," of the City Code, to correct the job titles for Fire Officer Assigned Assistant Training Officer and Fire Officers Assigned Fire Prevention, Training, Administration; and further recommend to place on First Reading Ordinance M-43-00, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE I-A, "FIRE GROUP" TO CHANGE CERTAIN TITLES IN THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda.\]#- CABLE PRODUCTION COORDINATOR: Ordinance M-44-00 PARKING RESTRICTION/ VARIOUS STREETS: Consent Agenda Ordinance T-6-00 095 9/5/00 PAGE FOUR Alderman Christiansen stated that this position was suppose to be part time; why is this now a full time position. Alderman Sayad stated that the Cable Services Commission and the Staff are recommending that this position be full time; we need someone full time would be dedicated to alleviating the problems we have had with cable; our equipment is very, very old; we need someone to review the problems we have on a daily basis; this person could video various City events; that person would improve the cable operations. Alderman Brookman stated that the HUB is ready to go but no one is on Staff to run this efficiently; the need is there; there is enough work for a full time person; Maine West High School would like to start producing programs but haven't been able to because the HUB is not up. Alderman Christiansen stated that he doesn't dispute anything that has been said, but we expected to hire a part time person. Moved by Christiansen, seconded by Brookman, to concur with Staff recommendation to amend Title I, Chapter 15 - "Position Classification and Compensation Plan," Section 4, Schedule V-A -"Technical, Engineering and Inspection Group," of the City Code, to ADD the position of Cable Production Coordinator with a salary range of $38,276 - Minimum, $45,031 -Midpoint and $51,786 -Maximum; and further recommend to place on First Reading Ordinance M- 44 -00. Motion declared carried. Moved by Christiansen, seconded by Becker, to advance to Second Reading and adopt Ordinance M-44-00, AN ORDINANCE AMENDING TITLE I "ADMINISTRATIVE," OF CHAPTER 15 "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE V-A, "TECHNICAL, ENGINEERING AND INSPECTION GROUP" TO ADD THE NEW POSITION OF CABLE PRODUCTION COORDINATOR IN THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Brookman, seconded by Becker, to concur with Staff recommendation to amend Title X, Chapter 5, Section 5 -"Parking Limited in Designated Places," Sub-Section 10-5-5:A-l. -"15 Minute Parking Limit, Every Day of the Week" as follows: DELETE "Laurel Avenue from Northwest Highway to the alley, North Side of Street"; amend Sub- section 10-5-5:F.3. "3-Hour Parking Limit, Monday through Friday, 10:00 a.m. through 6:00 p.m., excluding Saturdays, Sundays and holidays" as follows: ADD "Graceland Avenue, Harding Avenue to Jefferson Street, West Side of Street," and ADD "Laurel Avenue, Harding Avenue to Northwest Highway, West Side of Street"; and amend Section 17, Sub-Section 10-5-17 "Parking Prohibited in Designated Places," Schedule I, to DELETE "Laurel Avenue, Northwest Highway to Harding Avenue, West Side of Street" and ADD REVISED "Graceland Avenue, Jefferson Street to Walnut Avenue, West Side of Street"; and further recommend to place on First Reading Ordinance T-6-00, AN ORDINANCE AMENDING TITLE X, CHAPTER 5, SECTION 5, "PARKING LIMITED IN DESIGNATED PLACES" AND SECTION 1 7, "PARKING PROHIBITED IN DESIGNATED PLACES" OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. ASSIGNMENT/ SITE LEASE AGREEMENTS PRIMECO: Resolution R-61-00 PATIO & PARK. PAD VARIATION/ 328 E. GOLF: Consent Agenda DUCT AND INDOOR AIR QUALITY TEST: Consent Agenda BID AWARD/ A. C. UNIT PUB. WKS. BUILDING: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M-45-00 MAINT. OF LATERAL SEWERS: Consent Agenda 096 9/5/00 PAGE FIVE Moved by Becker, seconded by Brookman, to concur with Staff recommendation that Acting Mayor and City Clerk be authorized to execute letter agreements approving the assignment of the wireless site lease agreement with PrimeCo Personal Communications, 6 Campus Circle, Westlake, TX 76262, for sites located at 195 Oakton Street, 100 N. River Road, Howard and Mannheim Road and the northwest corner of Dulles and Beau Drive , to Chicago 20 MHZ, LLC; all terms and conditions contained in the master wireless site lease agreement, entered into on August 21, 1995, remain in full force and effect and apply to Chicago 20 MHZ, LLC; and further recommend to adopt Resolution R-61-00, A RESOLUTION AUTHORIZING THE EXECUTION OF LETTER AGREEMENTS ASSIGNING LEASES BETWEEN PRIMECO AND THE CITY OF DES PLAINES FOR FOUR WIRELESS ANTENNA SITES LOCATED AT 195 OAKTON STREET, 100 N. RIVER ROAD, HOWARD AND MANNHEIM ROAD, AND THE NORTHWEST CORNER OF DULLES AND BEAU DRIVE. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Brookman, seconded by Becker, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit construction of an oversized patio that would extend 31.5' from the building foundation (Code permits patios to extend 15' from the building foundation); and permit installation of a parking pad in the front yard on property located at 328 E. Golf Road. Motion declared carried as approved unanimously under Consent Agenda . Moved by Brookman, seconded by Becker, to concur with Staff recommendation to accept proposal from Versar, Inc., 200 W. 22nd Street, Suite 250 , Lombard, IL 60148 , to provide a Duct Sampling/Indoor Air Quality Test for City Hall, in the amount not-to-exceed $11,000/Building & Grounds Budget. Motion declared carried as approved unanimously under Consent Agenda . Moved by Brookman, seconded by Becker, to concur with Staff recommendation to award bid for replacement of the air conditioning unit for Public Works and the air make- up unit for the Police shooting range at the Public Works Building, to the lowest bidder, Delta Heating and Air Conditioning, 139 Crossen Avenue, Elk Grove Village, IL 60007, in the total bid amount of $28,490/Building & Grounds Budget. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Becker, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Civic Center Restrooms and Police Department Locker Room Remodeling, returnable by 3: oo p.m., Friday, September 29, 2000. Motion declared carried as approved unanimously under Consent Agenda . Moved by Brookman, seconded by Becker, to place on First Reading Ordinance M-45-00, AN ORDINANCE AMENDING TITLE IX, CHAPTER 2 0, SECTION 2 TO ADD ADDITIONAL LANGUAGE REGARDING MAINTENANCE/REPAIR RESPONSIBILITY. Motion declared carried as approved unanimously under Consent Agenda. ACTING MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE SALARY OF THE CITY CLERK: 097 9/5/00 PAGE SIX FINANCE & ADMINISTRATION Alderman Brookman, Chair Alderman Brookman reviewed the information that had been provided to the aldermen regarding her request for a salary increase from $43, 070 to $51, 153, which would result in an 18.8% increase or $8,083, plus 3.5% cost of living for each year. Alderman Smith stated that the proposed ordinance before us tonight addresses the concerns that were brought up at the August 21, 2000 meeting; establishing the salary increases based on different levels of certification . Alderman Sayad stated that he doesn't know how he would justify this increase to his residents; it would be an 18.8% increase plus a cost of living of 3.5% for a total increase of 22.8%; this is a high increase; everyone here is elected; we knew what the salary would be before we ran for office; she is not required to do the work she is doing; she has three (3) people working for her; he doesn't have an office; the City Clerk does not have a vote, she is just a clerk; why do we need someone educated; this is beyond the scope of an elected office ; he believes all elected officials salaries should be evaluated; he cannot vote for this; take all our salaries and add them together and it doesn't equal what the City Clerk makes. Alderman Brookman stated that we are not discuss i ng Donna McAllister the person, it is about the position of Cit y Clerk regardless of experience or level of expertise ; the City Clerk receives other perks like IMRF , insur ance ; i n Arlington Heights with a population of 75 ,000, t he cle rk is located in the Finance Department and has one ( 1) employee. Alderman Christiansen stated you must compare apples to apples; this is beyond residency and registering voters; the knowledge the present City Clerk has and the previous City Clerk had must be paid for; one of the concerns i s if there is a new City Clerk that person won't have the knowledge that the City Clerk has now; that is why this ordinance was structured the way it is; it is hard not to bring Donna into this; this job has evolved over the years; citizens have become more involved; the bottom line is up to us; we have to make a decision. Alderman Sayad stated that the City Clerk a lso has a n expense account; he would like to see a standard increase for all elected officials; she goes to these seminars that she is not required to go; we have a person who has developed work; who has gone beyond the scope of h e r requirements; he cannot give this k i nd of amount; it i s excessive. Alderman Petersen stated that could be a non-issue; if the residents don't want to pay her this money, they won't vote for her. Alderman Smith stated that this doesn't require all this discussion; do we want a City Clerk as a part time position or do we want a full time City Clerk the way it has been budgeted over the years; if you don't want a full time City Clerk, make a motion to reduce the salary to part time. Alderman Brookman stated that this goes bey ond a fu l l time-part time position; we need to look at this; we are not prepared to vote on this tonight. Acting Mayor Arredia stated that the issue is what are we going to pay the position; take a look at the position not the person. CITY CLERK (Cont'd.) WARRANT REGISTER: 098 9/5/00 PAGE SEVEN Mr. John Yaccino, 1779 Cora Street, addressed the Committee of the Whole stating that our government is growing by leaps and bounds, but our population has not grown; he is not for big government; the problem is with big government. Mr. Rich Bohan, 856 Margret Street, addressed the Committee of the Whole stating there is a larger issue-- do we want a full time or part time City Clerki if the City Clerk doesn't make a level of certification, the City is still going to run; we need to listen to the voters; the proposed ordinance is a bad ordinance and bad for the City. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that everyone who comes to these meetings should get paid for attending; we enjoy what we do. Mr. Bob Terracina, 248 Denver Drive, addressed the Committee of the Whole stating that he is a 27 year resident; he believes that this proposal is ridiculous ; he asked his alderman to vote against this. Moved by Brookman, seconded by Sayad, to recommend to the City Council, to TABLE the matter of the salary for the City Clerk. Motion by Sayad to recommend to the City Council that all elected officials receive a 3.5% annual salary increase effective 2001 to 2005, died for lack of a second. Upon roll call on the original motion, the vote was: AYES: 2-Sayad, Brookman NAYS: 6-Beauvais, Christiansen, Elstner, Becker, Smith, Petersen ABSENT: 0-None Motion declared failed. Moved by Smith, seconded by Petersen, to recommend to the City Council to approve and place on First Reading the proposed ordinance codifying the decision of a previous City Council that the position of the City Clerk is full time; establish the base salary of the City Clerk at $40,000 with additional compensation based on levels of professional certification, from the range of $41,714 to $51,998, and delete Section B. Moved by Beauvais, seconded by Sayad, to adopt a substitute motion to recommend to the City Council that the City Clerk's salary be increased by 3.5% each year beginning in 2001 to 2005. Upon roll call, the vote was: AYES: 3-Beauvais, Sayad, Brookman NAYS: 5-Christiansen, Elstner, Becker, Smith, Petersen ABSENT: 0-None Motion declared failed. Upon roll call on Alderman Smith's motion, the vote was: AYES: 4-Christiansen, Becker, Smith, Petersen NAYS: 4-Beauvais, Elstner, Sayad, Brookman ABSENT: 0-None Motion declared failed (a tie vote is a failed vote) . Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council approval of September 5, 2000 -Warrant Register, in the amount of $2,035,614.60; and further recommend that Resolution R-62-00 be adopted at appropriate time this evening. Motion declared carried. LIBRARY/ LIQ. LIC. RESTRIC.: ZONING CASE 00-45-CU CONDIT. USE/ 2514 BALLARD: REQUEST FOR EXPENSE REIMBURSE/ WILLE ROAD TIF #3: MINUTES/ 8/7/00: ORDINANCE M-46-00 LIQ. LIC. ORDINANCE AMENDMENTS: 099 9/5/00 PAGE EIGHT LEGAL & LICENSING Alderman Beauvais, Chair Alderman Beauvais stated that the matter of adding the Library to local liquor license restrictions would be discussed as part of Item 3 under Unfinished Business. COMMUNITY DEVELOPMENT Alderman Christiansen, Chair Director of Community Development D'Onofrio reviewed his memo of August 11, 2000, regarding a request for a Conditional use to permit an office and adult day care center in a C-1 Neighborhood Shopping District; the Des Plaines Zoning Board of Appeals recommends approval of this request. Moved by Becker, seconded by Beauvais, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff, and recommend to the City Council, re Zoning Case 00-45-CU, to grant request for a Conditional Use to permit an office and an adult day care center in C-1 Neighborhood Shopping District on property located at 2514 Ballard Road; and Ordinance Z-17-00 pe placed on First Reading at appropriate time this evening. Motion declared carried. Moved by Becker, seconded by Sayad, to concur with Staff recommendation and recommend to the City Council that Acting Mayor and City Clerk be authorized to execute Memorandum of Understanding with Norwood Construction, Inc., 7458 N. Harlem Avenue, Chicago, IL 60631 and Colliers, Bennett & Kahnweiler, 9700 W. Bryn Mawr Avenue, Rosemont, IL 60018, developers of the Wille Road TIF #3 , to begin investigating the redevelopment sites ; developers be reimbursed for pre-development costs , i.e . site surveys, environmental reports, utility improvements and relocation, soil report, engineering studies, in an amount not to exceed $50,000/TIF Funds; and further recommend that Resolution R-63-00 be adopted at appropriate time this evening. Motion declared carried. ACTING MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Brookman, seconded by Sayad, that minutes of the regular meeting of the City Council held August 7, 2000, be amended and approved as follows: Page Ten, under "Ordinance Z-11-00 ... ," after Paragraph Two, insert: "Alderman Brookman read parts of letters from FEMA which stated, 'the variance was to waive the requirement for compensatory storage in a f loodway fringe area which is not a National Flood Insurance Program requirement.' The letter from FEMA of July 7, 2000, also stated, 'we will close the file on this issue since the compensatory storage is not a National Flood Insurance requirement ... ' Based on these statements from FEMA, it is clear that the variation did not jeopardize the City's flood insurance rating." Motion declared carried. Alderman Smith voted no. Moved by Sayad, seconded by Brookman, to place on First Reading Ordinance M-46-00, AN ORDINANCE AMENDING THE DES PLAINES CITY CODE TITLE V, "BUSINESS REGULATIONS," CHAPTER 34 "INTOXICATING LIQUORS," SECTION 41 "ALCOHOL AWARENESS TRAINING." Motion declared carried. ORDINANCE M-47-00 CLASS H CARRY-OUT/ BEER &: WINE ONLY: MEMBERSHIP DUES/ SUBURBAN O'HARE COMMISSION: MEMBERSHIP/ SUBURBAN O'HARE COMMISSION: SALARY OF THE CITY CLERK: 100 9/5/00 PAGE NINE Alderman Elstner stated he thinks this ordinance is being passed for just one (1) business, the 7-Eleven; he is strongly opposed to this. Alderman Beauvais stated that she is also opposed to this; she will be changing her vote from two (2) weeks ago. Alderman Brookman stated that she is also changing her vote to no. Alderman Becker stated that he is also going to vote no. Moved by Beauvais, seconded by Elstner, to NOT place on First Reading Ordinance M-47-00, AN ORDINANCE AMENDING THE DES PLAINES CITY CODE TITLE V, "BUSINESS REGULATIONS I" CHAPTER 34 "INTOXICATING LIQUORS I II SECTION 12 "CLASS H BEER AND WINE ONLY LICENSE" TO ESTABLISH AN ADDITIONAL CATEGORY OF LICENSEE FOR BEER AND WINE CARRY- OUT SALES ONLY, and this ordinance be voided. Motion declared carried. Moved by Brookman, seconded by Christiansen, to concur with recommendation of Committee of the Whole held August 28, 2000, to grant request from Suburban O'Hare Commission, 117 E. Green Street, Bensenville , IL 60106, that city increase their yearly assessment from $1. 2 O per capita to $1.70 per capita or $90,803.80 total dues per year ($1.70 x 53,414 population); and funding source and whether this increase should be retroactive be discussed at the upcoming Budget Hearings. Alderman Becker stated that he believes the City should be a member of both the Suburban O'Hare Commission and Chicago's O'Hare Noise Compatibility Commission; it wouldn't cost the City a dime. Alderman Sayad stated that maybe we should have the O'Hare Noise Compatibility Commission come here so we could hear what they have to say; it would be information for us. Upon roll call on the motion, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Brookman, Smith, Petersen NAYS: 1-Becker ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole held August 28, 2000, that the City continue to be a strong supporter and member of the Suburban O'Hare Commission. Motion declared carried. Aldermen Sayad and Becker voted no. Moved by Brookman, seconded by Sayad, to report out the motion that tied in Committee of the Whole to approve and place on First Reading the proposed ordinance codifying the decision of a previous City Council that the position of the City Clerk is full time; establish the base salary of the City Clerk at $40,000 with additional compensation based on levels of professional certification, from the range of $41,714 to $51,998, and delete Section B. Moved by Smith, seconded by Christiansen, substitute motion to establish the salary Clerk at $48,000, effective 2001 to 2005. call, the vote was: AYES: 3-Becker, Smith, Petersen NAYS: 5-Beauvais, Christiansen, Elstner, Sayad, Brookman ABSENT: 0-None Motion declared failed. to adopt a of the City Upon roll CITY CLERK (Cont'd.) WARRANT REGISTER: Resolution R-62-00 ZONING CASE 00-45-CU CONDIT. USE/ 2514 BALLARD: Ordinance Z-17-00 REQUEST FOR EXPENSE REIMBURSE./ WILLE ROAD TIF #3: Resolution R-63-00 101 9/5/00 PAGE TEN Substitute motion by Beauvais that the salary of the City Clerk of $43,070 be increased 3% each year effective 2001 to 2005, died for lack of a second. Upon roll call on the original motion, the vote was: AYES: 4-Christiansen, Becker, Smith, Petersen NAYS: 5-Beauvais, Elstner, Sayad, Brookman, Arredia ABSENT: 0-None Motion declared failed. Moved by Christiansen, seconded by Elstner, that the base salary for the City Clerk be established at $40 ,000 with additional compensation based on levels of professional certification to a maximum of $45,000, after which the salary would be adjusted annually based on the consumer price index changes as determined by the Federal Government. Moved by Sayad, seconded by Becker, to adopt a substitute motion that the salaries of . all elected officials be increased 3.5% each year effective 2001 to 2005. Upon roll call, the vote was: AYES: 2-Sayad, Becker NAYS: 6-Beauvais, Christiansen, Elstner, Brookman, Smith, Petersen ABSENT: 0-None Notion declared failed. Upon roll call on the original motion, the vote was: AYES: 4-Beauvais, Christiansen, Elstner, Becker NAYS: 5-Sayad, Brookman, Smith, Petersen, Arredia ABSENT: 0-None Motion declared failed. Moved by Brookman, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-62-00, 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: $2,035,614.60. Upon roll call, the vote was : AYES: 8-Beauvais, Christiansen , Elstner, Sayad , Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Sayad, to concur with recommendation of Committee of the Whole, re Zoning Case 00-45-CU, to grant request for a Conditional Use to permit an office and an adult day care center in C-1 Neighborhood Shopping District on property located at 2514 Ballard Road; and place on First Reading Ordinance Z-17-00, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING ORDINANCE TO ESTABLISH AN OFFICE, CLINIC, AND ADULT DAY CARE CENTER IN A C-1 NEIGHBORHOOD SHOPPING DISTRICT AT 2514 BALLARD ROAD, DES PLAINES, ILLINOIS (CASE 00-45-CU). Motion declared carried (final action on this matter under Consent Agenda on September 18, 2000). Moved by Christiansen, seconded by Becker, to concur with recommendation of the Committee of the Whole that Acting Mayor and City Clerk be authorized to execute Memorandum of Understanding with Norwood Construction, Inc., 7458 N. Harlem Avenue, Chicago, IL 60631 and Colliers, Bennett & Kahnweiler, 9700 W. Bryn Mawr Avenue, Rosemont, IL 60018, developers of the Wille Road TIF #3, to begin investigating the redevelopment sites; developers be reimbursed for pre-development costs, i.e. site surveys, environmental reports, utility improvements and relocation, soil report, engineering studies, in an amount not to exceed $50,000/TIF Funds; and adopt Resolution R-63-00, A RESOLUTION AUTHORIZING THE ~ TIF #3 (Cont'd.) PARKING RESTRICTION/ VARIOUS STREETS: Ordinance T-6-00 O'HARE NOISE COMPATIBILITY COMMISSION: (ovt.fl.) RESIDENCY FOR DEPT. HEADS: EXECUTIVE SESSION: PENDING LIT./ SHERYL YOUNG V. CITY: ADJOURNMENT: 102 9/5/00 PAGE ELEVEN EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DES PLAINES AND NORWOOD CONSTRUCTION , INC. AND COLLIERS, BENNETT & KAHNWEILER (COLLECTIVELY THE DEVELOPER) FOR THE TIF #3 REDEVELOPMENT PROJECT AREA . Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Sayad, to advance to Second Reading and adopt Ordinance T-6-00, AN ORDINANCE AMENDING TITLE X, CHAPTER 5, SECTION 5 , "PARKING LIMITED IN DESIGNATED PLACES" AND SECTION 1 7 , "PARKING PROHIBITED IN DESIGNATED PLACES" OF THE CITY OF DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Sayad, to ask the Chicago's O'Hare Noise Compatibility Commission to make a presentation before the City Council. Motion declared failed. Aldermen Sayad, Br cJcm~and Becker voted yes. Moved by Becker, seconded by Sayad, to suspend the rules to permit discussion on residency for department heads. Motion declared failed. Aldermen Sayad and Becker voted yes. Aldermen Beauvais and Brookman were not present. Moved by Elstner, seconded by Sayad, to Session to discuss pending litigation. the vote was: AYES: 6-Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 1-Christiansen ABSENT: 1-Beauvais Motion declared carried. go into Execut ive Upon roll call , The City Council recessed at 11:58 p.m. The City Council reconvened at 12:14 a.m. Roll call indicated the following aldermen present: Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen. Moved by Smith, seconded by Brookman, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding Sheryl Young v. City lawsuit. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Moved by Brookman, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 12:15 a.m. ~@z211: Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS ~l-1--~~~ ----._ __j;...~-.,q. 2000 Anth 9/18/00 AMENDMENT Delete: "Brookman" Add: "Alderman Brookman was not present."