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06-03-2002255 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 3, 2002 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:15 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Ci vie Center on Monday, June 3, 2002. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Becker, Smith, Argus. Aldermen Beauvais and Brookman were absent. Alderman Brookman arrived in Executive Session at 6:18 p.m. Alderman Beauvais arrived at 7:08 p.m. Alderman Brookman left the meeting at 10:18 p.m. Alderman Beauvais left the meeting at 10:47 p.m. Also present were: City Manager Miller, Assistant City Manager-EDC Director Schneider, Director of Finance Egeberg, Assistant Director of Finance Jisa, Police Chief Ryan, Fire Chief Farinella, Director of Engineering Oakley, Acting Director of Public Works Dusckett, Director of Human Resources & Services Merriman, and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: Moved by Sayad, seconded by Murphy, to go into Executive Session to discuss acquisition/lease of real property and pending litigation. Upon roll call, the vote was: AYES: 6-Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Beauvais, Brookman Motion declared carried. The City Council recessed at 6:16 p.m. The City Council reconvened at 7:08 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Ady de la Garza, Iglesia Maranatha (Bethesda Worship Center), followed by the Pledge of Allegiance. Mayor Arredia introduced Ady de la Garza and Vaiju Dunung who will be receiving an award at the Northwest Suburban Unity Dinner to be held Thursday, June 6, 2002, for their outstanding contributions to the City of Des Plaines through service to its residents and for promoting the ideals of Unity within racial, ethnic and religious lines. Mayor Arredia presented a Certificate of Appreciation to Owen Fordham for being an exemplary citizen through his many years of volunteer activities, i.e. Des Plaines Masonic Lodge, his church, Scholarship Fund for Maine West High School, food baskets for the needy. Fire Chief Farinella presented checks in the amount of $3,984.30 each to representatives of the Muscular Dystrophy Association and the Illinois Fire Safety Alliance (IFSA) Burn Camp for burned children, which were the proceeds from the 'Fill the Boot' campaign recently conducted by the Des Plaines Fire Department. Mayor Arredia recognized Linda Forman, Chairman of the Taste of Des Plaines, which was held June 1-2, 2002, for her tireless efforts that made it the success it was. Mrs. Forman thanked Mayor Arredia, the aldermen and all the many volunteers who made it all possible. CITIZEN PARTICIPA.: CONSENT AGENDA: MINUTES: Consent Agenda FLOOD CONTROL PLAN: Consent Agenda Resolution R-58-02 ZONING CASE 02-26-V VARIATION/ 1195 s. JEANNETTE: Consent Agenda Ordinance Z-12-02 IDOT AGREE. TRAF. SIG./ RAND ROAD MFT FUNDS: Consent Agenda RES. R-61-02 256 6/3/02 PAGE TWO Mr. Vince Naccarato, 486 Cordial Drive, addressed the City Council stating that he read that the City is looking for part-time help to read the water meters; why couldn't we use the Block Captains? Mayor Arredia said we could, if they volunteer. Mr. Naccarato stated that he would volunteer. Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council stating that when the aldermen discuss the building code amendments they should make it a requirement that all wiring should be in the ceilings not underground; it is a big expense when it rots out after 10 years and you have to replace it by tearing up the flooring; wiring should be up on the ceiling. Moved by Sayad, seconded by Becker, to establish a Consent Agenda. Motion declared carried. Moved by Christiansen, seconded by Brookman, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinance M- 30-02 was adopted; Ordinance Z-12-02 was placed on First Reading; and Resolutions R-58-02, R-61-02 and R-62-02 were adopted. Moved by Christiansen, seconded by Brookman, to approve minutes of the regular meeting of the City Council held May 20, 2002, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Brookman, to approve minutes of Executive Session of the City Council held May 20, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Brookman, to concur with recommendation of Committee of the Whole held May 20, 2002, to approve the revised proposed Flood Control Plan reflecting Mayor Arredia's comments; and further recommend to adopt Resolution R-58-02, A RESOLUTION AUTHORIZING THE ADOPTION OF THE CITY OF DES PLAINES FLOOD CONTROL PLAN AS PREPARED BY THE TECHNICAL SUBCOMMITTEE OF THE FLOOD CONTROL COMMITTEE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 02-26-V, to grant request for a Variation to permit the construction of a 6' high, solid fence in the secondary front yard instead of the permitted 4' high, 50% open fence in R-1 Single Family Residential District on property located at 1195 S. Jeannette Street; and further recommend to place on First Reading Ordinance Z-12-02, AN ORDINANCE AUTHORIZING A VARIATION TO SECTIONS 8.2-l(B) AND 8.2-6(A) OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A SIX FOOT, 100% SOLID FENCE, INSTEAD OF THE PERMITTED 4 FOOT, 50% OPEN FENCE AT 1195 s. JEANNETTE STREET I DES PLAINES I ILLINOIS (CASE 02-26-V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Brookman, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute agreement with Illinois Department of Transportation (!DOT) for the installation of emergency vehicle pre-emption equipment at Rand Road/Wolf Road and Rand Road/Third Avenue, at a cost to the City of $14,950 to be paid from MFT Funds, Section R-61-02 (Cont'd.) MINER STREET RESURFAC./ IDOT MFT FUNDS: Consent Agenda Resolution R-62-02 PURCHASE/ COPIES FOR POLICE DEPT.: Consent Agenda REPLACE HVAC EQUIP./ CIVIC CENTER: Consent Agenda BID AWARD/ 2002 SIDEWALK &: CURB REPLACEMENT PROGRAM: Consent Agenda ELECTION/ MAYOR PRO TEM: Consent Agenda ORDINANCE M-30-02 YEAR 2001 SUPPLEMENTAL APPROPRIA. : Consent Agenda APPOINTMENT: 257 6/3/02 PAGE THREE 02-00185-00 TL, Contract #60583; and further recommend to adopt Resolution R-61-02 I A RESOLUTION AUTHORIZING THE APPROPRIATION OF $14,950 MOTOR FUEL TAX FUNDS TO PAY FOR THE CITY'S SHARE OF THE COST OF INSTALLING AND RELOCATING EMERGENCY VEHICLE PRE-EMPTION EQUIPMENT ALONG (US 12) RAND ROAD AT ILLINOIS 58 (GOLF ROAD), THIRD AVENUE, AND WOLF ROAD, KNOWN AS STATE SECTION 1998-051TS, CITY MFT SECTION 02-00185-00 TL, CONTRACT NO. 60583. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Brookman, to concur with Staff recommendation to authorize appropriation of $8,130.67/MFT Funds, Section 02-00187-00 RS, Contract #60410, to Illinois Department of Transportation (!DOT) as the City's cost for the removal of mountable median on Miner Street (Route 14) between Garland Place and Rand Road (Route 12); and further recommend to adopt Resolution R-62-02 I A RESOLUTION AUTHORIZING THE APPROPRIATION OF $8,130.67 MOTOR FUEL TAX FUNDS TO PAY FOR THE CITY'S COST OF REMOVAL OF MOUNTABLE MEDIAN ON MINER STREET (RT. 14) BETWEEN GARLAND PLACE AND RAND ROAD (US 12) CITY MFT SECTION 02-00187-00 RS, CONTRACT #60410. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Brookman, to concur with Staff recommendation to accept proposal from Distinctive, 3701 Algonquin Road, Suite 250, Rolling Meadows, IL 60008, for purchase of One (1) Konica 7045 Digital Copier for the Police Department in the amount of $11,850/Police Customs Asset Seizure Funds; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Brookman, to concur with Staff recommendation to accept proposal from Bedco Mechanical, 322 N. Wolf Road, Mount Prospect, IL 60056, to replace Civic Center HVAC Chiller Barrel in the amount of $24,970/Building & Grounds Fund; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Brookman, to concur with Staff recommendation to award bid for 2002 Sidewalk and Curb Replacement Program to the lowest bidder, Schroeder & Schroeder, Inc., 7306 Central Park, Skokie, IL 60076, in the total amount of $625, 000/MFT Funds, Section 02-00000-00 GM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Brookman, to concur with recommendation of Mayor Arredia to elect Alderman Tom Christiansen as Mayor Pro Tern while he is attending the National Conference of Mayors Summer Session in Madison, Wisconsin, from Friday, June 14 until Tuesday, June 18, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Brookman, to adopt Ordinance M-30-02, AN ORDINANCE PROVIDING FOR THE SUPPLEMENTAL APPROPRIATION OF FUNDS FOR THE CORPORATE PURPOSES OF THE CITY OF DES PLAINES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001 AND ENDING DECEMBER 31, 2001. Motion declared carried as approved unanimously under Consent Agenda. Presented for consideration (no action required) was the Mayoral appointment to the DES PLAINES ZONING BOARD OF APPEALS of Dick Ohman, replacing Jack Messerschmidt. (final action on this matter under Consent Agenda on June 17, 2002) WARRANT REGISTER: MUNICIPAL GAS USE TAX: QUARTERLY FINANCIAL REPORT: 258 6/3/02 PAGE FOUR MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Christiansen, seconded by Becker, to recommend to the City Council approval of the June 3, 2002 Warrant Register, in the total amount of $6,163,763.08; and further recommend that Resolution R-63-02 be adopted at appropriate time this evening. Motion declared carried. Director of Finance Egeberg reviewed his memo of May 21, 2002, regarding the implementation of a Municipal Gas Use Tax of 2.5-cent per therm beginning August 1, 2002; NICOR recommends that the City utilize this tax rather than a gross receipt tax; everyone would pay the same; NICOR would collect this for the City. Alderman Becker questioned the wording in the proposed ordinance that every taxpayer would keep records; this should be done by the utility companies. Mr. Ronald Moore, 1480 Jefferson Street, addressed the Committee of the Whole stating that this sounds like a "'bucket of worms' ; his condo buys bulk gas from a company in Texas; how can they differentiate between what we buy in bulk and what we buy from NICOR?; this should be more defined as to how it will be charged. Moved by Becker, seconded by Murphy, to recommend to the City Council that the City implement a Municipal Gas Use Tax at the rate of 2.5 cents per therm effective August 1, 2002; and proposed ordinance be placed on first Reading at appropriate time this evening with the amendment that every public utility will keep the records. Motion declared carried. Alderman Sayad stated that he has had many meetings with Staff regarding where the City is financially right now; the City's shortfall in revenue comes mainly from less revenue received from the hotel tax, state income tax and property tax; because of September 11, 2001 and the continuing recession, the $1.2 million surplus that was built into the 2002 Budget will not materialize. Alderman Sayad stated that we have been downsizing, restraining our spending, retooling ourselves; he feels they have a plan that is workable; it will bring back stability; we have to keep in mind our bond rating; Moody's has already issued a negative watch relative to our reduced cash balances; the City's bond rating could be downgraded from AA2 to AA3, which would increase interest cost for future bond issues; the City Code prohibits the City from adopting a budget that does not have a cash reserve of at least 10% to expenditures. Alderman Sayad stated that the implementation of a 3.75% Telecommunications Tax would generate $2. 8 million in new revenue; Des Plaines is the only community in the area that has not implemented this tax which is charged on the gross receipts for all forms of telecommunication, i.e. phones, cell phones, pagers, fax lines, etc. Director of Finance Egeberg made a detailed power-point presentation of the City's financial picture and what is projected next year with suggested actions. FINANCIAL (Cont'd.) RECESS: NEW CLASS H-2 LIQ. LIC. &: AMENDMENT/ CLASS B-1: 259 6/3/02 PAGE FIVE Alderman Murphy stated that we should look at reorganizing and restructuring; maybe we should do more with less; we should look at decreasing expenditures. Mr. Ronald Moore, 1480 Jefferson Street, addressed the Committee of the Whole stating that not many people get their taxes reduced; why doesn't the City ask Cook County for more money from property taxes? Director of Finance Egeberg said that can't be done because there is a formula they must follow. Mr. Moore stated that he is a Union person and because of that he now lives a very comfortable life, but he never got a 3.5% increase in all the years he worked. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that he is suggesting that there be a salary freeze with all the Unions and department heads -from the top down; he has had to do that; talk the Unions into doing that. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that he would like to see some cost cutting before you implement any taxes; there is no room for major expenditures; maybe consolidate departments; there is no free lunch. Mr. Jim Behrenfeld, 957 Acres Lane, addressed the Committee of the Whole stating that whenever there is a shortfall, you look for tax increases; what are you doing to increase revenues by attracting new businesses to Des Plaines like a Home Depot; we should market the City more; we have a wonderful City. City Manager Miller said that the City has done that but we won't realize that revenue until 2004; we have kept some businesses here , i.e. Sysco; we have a new dealership coming into town. Moved by Beauvais, seconded by Argus, to recommend to the City Council that the City implement a 3. 75% Telecommunication Tax and City Attorney be authorized to draft necessary ordinance to be placed on the July 15, 2002 Consent Agenda. Motion declared carried. Moved by Sayad, seconded by Murphy, to call for a five (5) minute recess. Motion declared carried. The Committee of the Whole recessed at 9:35 p.m. The Committee of the Whole reconvened at 9:40 p.m. LEGAL &: LICENSING -Alderman Smith, Chair City Attorney Wiltse reviewed his memo of May 24, 2002, to add a new Class H-2 Liquor License and amend Class B-1 to permit beer and wine carryout in smaller stores. Alderman Murphy stated that it is time that we prevent businesses from going to other communities because we don't permit this type of liquor license. Alderman Brookman stated that these ordinances represent a major change in our laws; we need to make the best decision for the community; this should be done case by case; she is totally against this ordinance that would make it easy to buy beer and wine. LIQUOR LIC. (Cont'd.} CAR DEALER INCENTIVES/ MANCARI AUTO AND O'HARE AUTO: 260 6/3/02 PAGE SIX Mr. Pat Gillespie, 1038 Everett Lane, owner of Packy's Wine & Liquor, 1440 Oakton Street, addressed the Committee of the Whole asking that the aldermen vote against these ordinances; he is concerned about the drinking that would result; he presented petitions to the City Clerk. Moved by Sayad, seconded by Argus, to recommend to the City Council to create a new Class H-2 Liquor License to permit the sale of beer and wine carryout on premises with a minimum of 1,300 sq. ft. on the inside of the building with no more than 1/3 of the total square feet allocated to the sale of beer and wine; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Aldermen Christiansen and Brookman voted no. Moved by Sayad, seconded by Argus, to recommend to the City Council to amend Class B-1 Liquor License that the premises would have a minimum of 1,300 square feet on the inside of the building with no more than 1/3 of the square footage allocated for the sale of alcoholic beverages; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Aldermen Christiansen and Brookman voted no. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Assistant City Manager-EDC Director Schneider reviewed his memo of May 2, 2002, regarding the incentive agreements negotiated by the Staff with Mancari Auto Group, who has purchased the site at Rand and Central Roads (the former Haeger site}, and with O'Hare Auto Group, who are looking to expand; building and demolition fees would be waived for both dealers; Mancari Auto Group is also requesting a Cook County Real Estate Class 6(b} property tax exemption for the new construction or substantial rehabilitation work to the building and grounds on property located at 77 Rand Road. Alderman Sayad commended Alderman Becker and the Staff ; he will be voting for this. Alderman Smith stated that now would be the time to talk to these car dealers about their hours, noise, lighting and property maintenance; it should be in the agreement. Moved by Sayad, seconded by Argus, to recommend to the City Council that the City enter into a Business Development Agreement with Mancari Auto Group, 4630 W. 95th Street, Oak Lawn, IL 60453, for property located at 77 Rand Road; and Resolution R-64-02 be adopted at appropriate time this evening. Motion declared carried. Moved by Sayad, seconded by Argus, to recommend to the City Council that the City support and consent to the granting of a Cook County Real Estate Classification 6 (b} to Mancari Auto Group, 4630 W. 95th Street, Oak Lawn, IL 60453, for the new construction or substantial rehabilitation work to the building and grounds for property located at 77 Rand Road; and Resolution R-65-02 be adopted at appropriate time this evening . Moved by Sayad, seconded by Argus, to recommend to the City Council that the City enter into a Business Development Agreement with O'Hare Auto Group, 1533 River Road, for property located at 1533 River Road; and Resolution R-66-02 be adopted at appropriate time this evening. Motion declared carried. MUNICIPAL GAS USE TAX: Ordinance M-31-02 WARRANT REGISTER: Resolution R-63-02 TELECOMMUNI. TAX: NEW CLASS H-2 LIQUOR LICENSE: AMENDMENT/ CLASS B-1 LIQ. LICENSE: 261 6/3/02 PAGE SEVEN MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Sayad, seconded by Argus, to concur with recommendation of Committee of the Whole that the City implement a Municipal Gas Use tax at the rate of 2. 5 cents per therm effective August 1, 2002, and place on First Reading Ordinance M-31-02, with the amendment that every public utility will keep the records. Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-31-02, AN ORDINANCE AMENDING TITLE V, 'BUSINESS REGULATIONS' TO ADD A NEW CHAPTER 59, 'MUNICIPAL GAS USE TAX,' TO THE CITY CODE OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-63-02, 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: $6,163,763.08. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Sayad, seconded by Murphy, to concur with recommendation of Committee of the Whole that City implement a 3. 75% Telecommunication Tax and City Attorney be authorized to draft necessary ordinance to be placed on the July 15, 2002 Consent Agenda. Motion declared carried. Moved by Smith, seconded by Argus, to concur with recommendation of Committee of the Whole to create a new Class H-2 Liquor License to permit the sale of beer and wine carryout on premises with a minimum of 1,300 sq. ft. on the inside of the building with no more than 1/3 of the total square feet allocated to the sale of beer and wine; and City Attorney be authorized to draft necessary ordinance. Motion declared carried (further action on this matter under Unfinished Business on June 17, 2002). Later in the meeting, Alderman Christiansen, with the leave of the City Council, changed his vote to no. Moved by Smith, seconded by Argus, to concur with recommendation of Committee of the Whole to amend Class B-1 Liquor License that the premises would have a minimum of 1,300 sq. ft. on the inside of the building with no more than 1/3 of the square footage allocated for the sale of alcoholic beverages; and City Attorney be authorized to draft necessary ordinance. Motion declared carried (further action on this matter under Unfinished Business on June 17, 2002) . Later in the meeting, Alderman Christiansen, with the leave of the City Council, changed his vote to no. BUS. DEVELOP. AGREEMENT/ MANCARI AUTO 77 RAND: Resolution R-64-02 6(B) REAL ESTATE CLASS. MANCARI AUTO/ 77 RAND: Resolution R-65-02 BUS. DEVELOP. AGREEMENT/ O'HARE AUTO 1533 RIVER: Resolution R-66-02 CHANGE OF VOTE/ LIQ. LIC. AMENDMENTS: EXECUTIVE SESSION: PENDING LITIGATION/ IEPA1 PEOPLE V. CITY: 262 6/3/02 PAGE EIGHT Moved by Becker, seconded by Argus, to concur with recommendation of Committee of the Whole that City enter into a Business Development Agreement with Mancari Auto Group, 4630 W. 95th Street, Oak Lawn, IL 60453, for property located at 77 Rand Road; and adopt Resolution R- 64-02, A RESOLUTION AUTHORIZING THE EXECUTION OF A BUSINESS DEVELOPMENT AGREEMENT BETWEEN MANCARI AUTO GROUP AND THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole that City support and consent to the granting of a Cook County Real Estate Classification 6 (b) property tax exemption to Mancari Auto Group, 4630 W. 95th Street, Oak Lawn, IL 60453, for the new construction or substantial rehabilitation work to the building and grounds for property located at 77 Rand Road; and adopt Resolution R- 65-02, A RESOLUTION INDICATING MUNICIPAL APPROVAL OF A COOK COUNTY REAL ESTATE CLASS 6 (b) PROPERTY TAX EXEMPTION TO MANCARI AUTO GROUP LOCATED AT 77 RAND ROAD IN DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Becker, seconded by Argus, to concur with recommendation of Committee of the Whole that City enter into a Business Development Agreement with O'Hare Auto Group, 1533 Des Plaines/River Road; and adopt Resolution R-66-02, A RESOLUTION AUTHORIZING THE EXECUTION OF A BUSINESS DEVELOPMENT AGREEMENT BETWEEN O'HARE AUTO GROUP AND THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Brookman Motion declared carried. Moved by Christiansen, seconded by Smith, to permit Alderman Christiansen to change his vote from AYE to NO made earlier in the meeting to approve a new Class H-2 Liquor License and to amend the Class B-1 Liquor License. Motion declared carried. This action did not change the outcome of the vote, both motions still passed. The City Council went back into Executive Session at 10: 47 p. m., which had been recessed earlier in the meeting by Mayor Arredia. The City Council reconvened at 11:07 p.m. Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Becker, Smith, Argus. Moved by Smith, seconded by Murphy, to concur with consensus in Executive Session that Staff be authorized to negotiate a settlement as directed regarding IEPA; People v. City. Motion declared carried. PENDING LITIGATION/ C. DIAMOND V. CITY: ON THE FIFTY PROJECT/ CITY AND MARYVILLE ACADEMY: ADJOURNMENT: PAGE NINE 263 6/3/02 Moved by Smith, seconded by Christiansen, to concur with consensus in Executive Session that Staff be authorized to negotiate a settlement as directed regarding Charles Diamond v. City. Motion declared carried. Discussed in Executive Session earlier in the evening was the matter regarding an entertainment project being proposed by On The Fifty, LLC, to display all NFL Chicago Bears games for the 2002 season under a tent on Maryville Academy grounds, River and Central Roads. City Attorney Wiltse ruled that since this matter does not involve rental of property owned by the City, it does not qualify for discussion in Executive Session. There was a general discussion regarding security, fire control, garbage, snow removal, parking and rental payments. Mayor Arredia requested that the aldermen submit their questions and concerns to him as soon as possible and he would report back to them. (This project was subsequently rejected by Maryville Academy) Moved by Christiansen, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:17 p.m. ~~~ Donna McAllister, MMC -CITY CLERK APPROVED BY ME THIS f 9 An MAYOR