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09-03-2002011 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 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 Civic Center on Tuesday, September 3, 2002. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. Aldermen Beauvais was absent. Alderman Beauvais arrived in Executive Session at 6:36 p.m. Also present were: City Manager Miller, Assistant to the City Manager Bajor, Director of Finance Egeberg, Deputy Police Chief Schneider, Fire Chief Farinella, Deputy Director of Community Development Molinari, Director of Engineering Oakley, Acting Director of Public Works Dusckett, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: RECOGNITION: PENDING LITIGATION/ 145 MORRISON, MT. PROSPECT: ACQUIS. OF PROP./SETTING PRICE OR LEASE/ ESSER COURT: Moved by Sayad, seconded by Argus, to go into Executive Session to discuss pending litigation, collective bargaining, and acquisition of real property and setting of price for sale-lease. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. The City Council recessed at 6:16 p.m. The City Council reconvened at 7:07 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Bec ker, Smith, Argus. The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance. Mayor Arredia recognized resident Alanson "Hap" Holly who is a recipient of the Dayton HamVention's Amateur of the Year Award for his ham radio work. Mayor Arredia recognized residents Graham and Linda Hills who are the recipient of the Family of the Year Award for their ten (10) years of volunteer service in coordinating and teaching the Special Needs class at the Lattof YMCA. Moved by Smith, seconded by Murphy, to concur with consensus in Executive Session that Staff be authorized to send a letter of objection to the Cook County Board of Appeals regarding the special use application for 145 Morrison Avenue, Mt. Prospect, IL, in unincorporated Cook County, Wheeling Township. Motion declared carried. Moved by Murphy, seconded by Brookman, to concur with majority agreement in Executive Session that Staff be authorized to proceed as directed regarding acquisition of real property/setting price or lease, south lot of Esser Court. Motion declared carried. Alderman Becker voted no. RATIFY AFSCME CONTRACT: Resolution R-89-02 Ordinance M-59-02 CITIZEN PARTICIPA. : PAGE TWO 012 9/3/02 Moved by Sayad, seconded by Christiansen, to concur with consensus in Executive Session that City ratify contract with the American Federation of State, County and Municipal Employees (AFSCME), Council 31, AFL-CIO Local 3891, effective May 1, 2002 through April 30, 2005; adopt Resolution R-8 9-02, A RESOLUTION RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT WITH THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) COUNCIL 31; and place on First Reading Ordinance M-59-02. 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. Moved by Sayad, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-59-02, AN ORDINANCE AMENDING SCHEDULE III "CLERICAL, ACCOUNTING AND MISCELLANEOUS GROUP," AND SCHEDULE V "TECHNICAL, ENGINEERING AND INSPECTION GROUP," OF TITLE I, "ADMINISTRATIVE," OF CHAPTER 15, "POSITION CLASSIFICATION AND COMPENSATION PLAN," OF SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE," OF THE CITY CODE OF DES PLAINES TO REFLECT A 3.5% INCREASE EFFECTIVE MAY 1, 2002 TO APRIL 30, 2003; A 3.5% INCREASE EFFECTIVE MAY 1, 2003 TO APRIL 30, 2004; AND A 3.5% INCREASE EFFECTIVE MAY 1, 2004 TO APRIL 20, 2005. 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. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that he saw an emergency vehicle from the North Maine Fire Protection District respond for us; residents should feel a lot safer knowing that there is always help on the way; they work together. Mr. Dick Reddington, 546 S. Fifth Avenue, addressed the City Council expressing his gratitude to the City Council from the residents for all their hard work; the City Council is doing a wonderful job. Mrs. Gloria Keene, 2048 Webster Lane, addressed the City Council stating that the film on Alanson "Hap" Holly's life will be shown at the Library on September 29, 2002 at 2:00 pm.; this is a wonderful film about a remarkable man. Mr. Greg Lietzau, 2040 Miner Street, addressed the City Council stating that he lives in a busy area of Des Plaines; he is concerned about the safety of the children; he can't send his children to school on their bikes-the roads are too busy; walking on the sidewalk is hazardous because they are overgrown with trees and bushes. Alderman Beauvais stated that the City has called Cook County many times to trim this area; they tell the City that they will put in on a work order; last year it took three (3) months to complete their work order. Mr. Jim Behrenfeld, 957 Acres Lane, addressed the City Council stating there should be better notification of the meetings; he would like to thank those aldermen who came out to his area during the recent flooding; standing water is a problem; residents in his area are at risk with the rise of West Niles Virus cases; what is the City going to do about this? CITIZENS (Cont'd.) PETITIONS/ OPPOSED TO EXPANSION OF RIVER RD.: CONSENT AGENDA: MINUTES: Consent Agenda PAGE THREE 013 9/3/02 Alderman Beauvais stated that the Public Works Department is going to contact some private spraying companies, but residents can also help by purchasing products for this problem at the hardware store. Mrs. Sue Grish, 980 Crabtree Lane, addressed the City Council stating that she would much rather be at home celebrating her daughter's birthday than here complaining about the flooding in her area; we shouldn't have to come here all the time. Mrs. Barbara McAlister, 4 7 5 Trailside Lane, addressed the City Council and showed a film on the recent flooding in her area; their flooding is getting progressively worse; the City has been working on alleviating flooding, but nothing is happening; there are no reservoirs in place nor floodgates; it is time for the City to take responsibility for this water; maybe we should put a moratorium on building in these areas. Mr. Gary Danfield, 655 River Road, addressed the City Council stating that it is not easy to look at these pictures; there is still work to be done; we have to put in larger sewers. Mrs. Linda Kiscellus, 324 Bellaire Avenue, addressed the City Council stating that the entire City pays when even a small area is flooded; we are asking for a temporary moratorium on building until measures are put in place. Mrs. Irene Serwa, 1011 Crabtree Lane, addressed the City Council and showed pictures of flooding in her area; during the last rain roads were closed and no one could reach Lutheran General Hospital; the City is allowing building to go on in this area which is a flood plain; the Code is not being paid attention to; it will take a concentrated effort together to make this work; we don't have the infrastructure in place to handle the water; help us solve this problem. Alderman Beauvais presented petitions to the City Clerk from residences of 650 S. River Road who are against the expansion of South River Road. Alderman Brookman requested that Items 3, 3a, 4 and 4a be removed from the Consent Agenda. Moved by Sayad, seconded by Becker, to establish a Consent Agenda except for Items 3, 3a, 4 and 4a. Motion declared carried. Moved by Beauvais, seconded by Murphy, 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- 50-02 was adopted; Ordinances M-58-02, T-6-02, T-7-02 and Z-23-02 were placed on First Reading; and Resolution R-88-02 was adopted. Moved by Beauvais, seconded by Murphy, to approve minutes of the regular meeting of the City Council held August 19, 2002, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to approve minutes of the Exe cu ti ve Session of the City Council held August 19, 2002. Motion declared carried as approved unanimously under Consent Agenda. RECAPTURE AGREEMENT/ 51 SELL ST.: Ordinance M-56-02 RECAPTURE AGREEMENT/ 3209 OLD HIGGINS RD. : Ordinance M-57-02 RAILROAD ORDINANCE AMENDMENTS: Consent Agenda Ordinance T-6-02 T-7-02 PAGE FOUR 014 9/3/02 Moved by Brookman, seconded by Becker, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Recapture Agreement with Jack J. Ranieri, d/b/a Ranieri's Landscaping Service, Inc., for his recovery of up to $15,975 for the installation of the sanitary water sewer system line extension on property located at 51 Sell Street; to be paid for by owners of any properties which connect to the sanitary water sewer system line at the end of ten (10) years after ordinance is adopted; and further recommend to place on First Reading Ordinance M-56-02. Motion declared carried. Moved by Brookman, seconded by Becker, to advance to Second Reading and adopt Ordinance M-56-03, AN ORDINANCE REGARDING THE CONSTRUCTION OF A SANITARY WATER SEWER SYSTEM BY RANIERI'S LANDSCAPING SERVICE, INC., 51 SELL STREET, DES PLAINES, ILLINOIS. 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. Moved by Brookman, seconded by Becker, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Recapture Agreement with M. C. Steel for their recovery of up to $28, 4 94 for the installation of the storm water sewer system line extension on property located at 3209 Old Higgins Road; to be paid for by owners of any properties which connect to the storm water sewer system line; and City to become absolute owner of said storm water sewer system line at the end of ten (10) years after ordinance is adopted; and further recommend to place on First Reading Ordinance M-57-02. Motion declared carried. Moved by Brookman, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-57-02, AN ORDINANCE REGARDING THE CONSTRUCTION OF A STORM WATER SEWER SYSTEM BY M.C. STEEL AT 3209 OLD HIGGINS ROAD, DES PLAINES, ILLINOIS. 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. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to amend Title IX, Chapter 8 "Railroads" of the City Code to DELETE Section 9-8-3 - "Street Crossings" in its entirety and replace it with a new Section 9-8-3 -"Obstruction of Highway at Grade Crossing" to prohibit a train from blocking an intersection for longer than ten (10) minutes; and amend Title X, Chapter 6 of the City Code to DELETE Section 10-6-20 -"Trains Not To Block Streets" (HOUSEKEEPING) ; and further recommend to place on First Reading: Ordinance T-6-02, AN ORDINANCE AMENDING TITLE IX, "PUBLIC WAYS AND PROPERTY REGULATIONS," CHAPTER 8, "RAILROADS" SECTION 3, "STREET CROSSINGS" OF THE CITY OF DES PLAINES CITY CODE; and Ordinance T-7-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC," CHAPTER 6, "MISCELLANEOUS DRIVING RULES" SECTION 20, "TRAINS NOT TO BLOCK STREETS" OF THE CITY OF DES PLAINES CITY CODE TO DELETE SAID SECTION IN ITS ENTIRETY. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE 02-52-CU CONDIT. USE/ 570-584 OAKTON ST.: Consent Agenda Ordinance Z-23-02 FEDERAL FUNDING/ LEE-MANNHEIM PROJECT: Consent Agenda Resolution R-88-02 DRIVEWAY VARIATION/ 1313 PENNSYLVANIA: Consent Agenda DRIVEWAY VARIATION/ 371 DEMPSTER: Consent Agenda PATIO VARIATION/ 1100 ANDERSON (FRONT YARD) : Consent Agenda PATIO VARIATION/ 1100 ANDERSON (REAR YARD) : Consent Agenda DRIVEWAY AND PARKING PAD VARIATION/ 1100 HEWITT: Consent Agenda PAGE FIVE 015 9/3/02 Moved by Beauvais, seconded by Murphy, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 02-52-CU, to grant request for a Conditional Use to permit a Class B (fast Food) restaurant in a C-3 General Commercial District on property located at 570-584 Oakton Street; and further recommend to place on First Reading Ordinance Z-23-02, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7. 3-6 (C) OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW A CLASS B RESTAURANT AT 570-584 OAKTON STREET, DES PLAINES, ILLINOIS (CASE 02-52-CU) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to approve application for the Federal Surface Transportation Program (STP) for reconstruction and reconfiguration of the Lee Street- Mannheim Road intersection with matching funds to be supplied by the City through a separate resolution at a later date; this STP funding applies to the years 2006 through 2008; and further recommend to adopt Resolution R-88-02, A RESOLUTION AUTHORIZING PARTICIPATION IN THE FEDERAL SURFACE TRANSPORTATION PROGRAM FOR THE RECONSTRUCTION AND RECONFIGURATION OF THE LEE/MANNHEIM INTERSECTION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit widening of existing driveway from 11.5' to 18' in the front yard on property located at 1313 Pennsylvania Avenue. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit construction of a 12' wide driveway extension to the west side of existing driveway to create a circular driveway on property located at 371 Dempster Street. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments for property located at 1100 Anderson Terrace to permit a patio and walkway, 25' x 15.5' in the front yard approximately 24' from the building foundation (Code prohibits patios from extending more than 15' from the building foundation. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments for property located at 1100 Anderson Terrace to permit construction of a patio 12' x 15' in the middle of the rear yard approximately 27' from the building foundation (Code prohibits patios from extending more than 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit existing driveway to be enlarged from 12.5' to 15' and the parking pad to be enlarged from 11' x 16' to 15' x 19' in the front yard of property located at 1100 N. Hewitt Drive. Motion declared carried as approved unanimously under Consent Agenda. FENCING/ FIRE STATION jtl.;_ Consent Agenda REAPPOINT- MENTS: Consent Agenda ORDINANCE M-58-02 RESCIND M-44-99/REV. SHARING: Consent Agenda ORDINANCE M-50-02 LIC. AGREE./ 263 PINEHURST: Consent Agenda REDISTRICTING OF THE CITY: WARRANT REGISTER: PAGE SIX 016 9/3/02 Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation to accept proposal from Cardinal Fence & Supply, 612 E. Irving Park Road, Bensenville, IL 60106, to replace existing fencing (approximately 220') at Fire Station #1, 405 S. River Road, in the amount of $6,885/2002 Budget, 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 Beauvais, seconded by Murphy, to approve the following Mayoral reappointments: ARCHITECTURAL COMMISSION Paul Lippold, term to expire August 31, 2006 Bill Muehlenbeck, term to expire August 31, 2006 CIVIL SERVICE COMMISSION Frank Stryczek, term to expire April 30, 2005 CONSUMER PROTECTION COMMISSION Michael Lake, term to expire August 31, 2006 Marilyn O'Brien, term to expire August 31, 2006 KEEP DES PLAINES BEAUTIFUL COMMISSION Joan Chiropolos, term to expire June 1, 2005 LIBRARY BOARD Noreen Lake, term to expire June 30, 2005 SPCIAL EVENTS COMMISSION Sandra Anderson, term to expire August 31, 2006 Thomas Stettner, term to expire August 31, 2006 Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to place on First Reading Ordinance M-58-02, AN ORDINANCE RESCINDING CITY OF DES PLAINES MUNICIPAL ORDINANCE M-44-02 IN ITS ENTIRETY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Murphy, to adopt Ordinance M-50-02, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE PUBLIC RIGHT-OF-WAY WITH OWNER ELIZABETH FIGUEROA, 263 PINEHURST DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE LEGAL & LICENSING -Alderman Smith, Chair City Clerk McAllister presented her rationale for drawing the redistricting map as authorized by the City Council on January 7, 2002, based on the current Federal guidelines of "one man-one vote," not to substantially alter the present Ward configuration or redistrict an existing alderman out of his/her Ward, and to draw Ward boundaries as near as possible to County precinct lines. Following discussion, it was the consensus of the aldermen to hold a Committee of the Whole meeting on September 23, 2002 at 6:30 p.m., to discuss this matter further. FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Christiansen, seconded by Becker, to recommend to the City Council approval of the September 3, 2002 - Warrant Register, in the total amount of $2,779,295.99; and further recommend that Resolution R-87-02 be adopted at appropriate time this evening. Motion declared carried. ~ ZONING CASE 02-44-CU-V COND. USE & VARIATION/ DEMPSTER AND RAND: PAGE SEVEN COMMUNITY DEVELOPMENT -Alderman Becker, Chair 017 9 /3 /0 2 Alderman Becker reviewed Zoning Case 02-44-CU-V, which was postponed on August 5, 2002 and again on August 19, 2002. This is a request from Alderwoods (North Chicago), owner of Oehler Funeral Home, to permit development of a funeral home in a C-2 Limited Office Commercial District on property located at the southwest corner of Dempster/Miner Street and Rand Road; the petitioner is also requesting a variation to permit parking spaces in the required front yard. The petitioner has agreed to increase the setback of the parking lot to 26' instead of the original 10' from Dempster/Miner Street , and reconfigure the existing proposed parking plan to remove 25 parking spaces from the rear of the building; there will still be 111 parking spaces. Alderman Brookman stated that the location of this project in a flood plain should be questioned; also they have financial problems; they have only been together as a group for eight (8) months; she is also concerned about the parking spaces; we should think about this project long and hard. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stated that we should not be concerned about their finances-the Attorney General will take care of that; we should be concerned about whether they have the flooding problem solved; do they have adequate parking spaces?; we should only be concerned about the zoning. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating that Oehler Funeral Home has had a good name for many years; they are good people; let's not blame them for something that happened with the previous owner. Mr. Greg Lietzau, 2040 Miner Street, addressed the Committee of the Whole stating that this project will be across the street from his house and now a bank will also be built on this site; their water will go in my backyard. Mrs. Irene Serwa, 1011 Crabtree Lane, addressed the Committee of the Whole and showed slides of the egress and ingress of this land; there are no sewers on Crabtree or Acres Lane; other parts of the City are getting them; there is no room on this site to build a big retention pond. Alderman Sayad stated that he doesn't think it is the job of the City Council to evaluate this company's financial condition; they are investing millions of dollars in this project; he applauds them for wanting to build something this good; he thinks we should go forward with this project. The following representatives from Alderwoods were introduced and answered questions from the aldermen: Charles Wiercinski -McLennan Commercial Properties Brian Sedlak -Jones, Day, Reavis & Pogue Ray Derbas, Brian Sedlak Alderman Beauvais stated her concern that there was no real compromise regarding the parking spaces; does the water go into Prairie-Farmers Creek? Mr. Derbas said no, it goes into the Dempster/Miner Street storm water system; there will be more control on this site than was there before. Alderman Brookman stated that this area is prone to flooding and this project will only add to this problem; we should check this company very thoroughly before w~ MINER-RAND (Cont'd.) ORDINANCE M-55-02 VEHICLE STICKER FINE RE LATE PAYMENT: PAGE EIGHT 018 9/3/02 approve this; she is concerned about their financial condition; we should not let them have any more parking than our Code allows. Mr. Jim Behrenfeld, 957 Acres Lane, addressed the Committee of the Whole stating that we are going to see more asphalt with this new design; will they give us a written guarantee that the area won't flood. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating that you are worried about the water, take it through Rand Park-under the tennis court; place a 10' storm water sewer around the property. Mrs. Barbara McAlister, 475 Trailside Lane, addressed the Committee of the Whole stating that no one is listening to the residents of this area; why is the City doing nothing about the flooding; the City Council has to work to get rid of this problem; you have to look at the water problem in this town. Moved by Brookman, seconded by Beauvais, to recommend to the City Council to DENY request re Zoning Case 02-44-CU- V. Alderman Beauvais stated that she would like to vote for this project but she can't unless something was done about the parking and maybe put a swale around the property. Upon roll call on Alderman Brookman's motion, the vote was: AYES: 3-Beauvais, Christiansen, Brookman NAYS: 5-Murphy, Sayad, Becker, Smith, Argus ABSENT: 0-None MOTION DECLARED FAILED. Moved by Sayad, seconded by Argus, to recommend to the City Council to grant request for Conditional Use and Variation, re Zoning Case 02-44-CU-V, to permit development of a funeral home in a C-2 Limited Office Commercial District on property located at the southwest corner of Dempster/Miner Street and Rand Road, and City Attorney be authorized to draft necessary ordinance. Moved by Brookman, seconded by Beauvais, to adopt a substitute motion and recommend to the City Council to grant request, re Zoning Case 02-44-CU-V, but REDUCE the parking spaces to 69. MOTION DECLARED FAILED (Aldermen Beauvais, Christiansen and Brookman voted aye). Upon roll call on Alderman Sayad's motion, the vote was: AYES: 5-Murphy, Sayad, Becker, Smith, Argus NAYS: 3-Beauvais, Christiansen, Brookman ABSENT: 0-None Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Christiansen, seconded by Argus, to adopt Ordinance M-55-02. Moved by Becker, seconded by Murphy, to adopt a SUBSTITUTE MOTION to amend Ordinance M-55-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 9, "LICENSES" SECTION 6, "PLACEMENT AND DISPLAY OF CITY VEHICLE LICENSE STICKER OR VEHICLE LICENSE PLATE" OF THE CITY CODE OF DES PLAINES, to INCREASE the penalty from the proposed $80 to $105 for passenger motor vehicles only. Upon roll call, the vote was: VEH. FINE (Cont'd. ) REDISTRICTING OF THE CITY: WARRANT REGISTER: Resolution R-87-02 ZONING CASE 02-44-CU-V CONDIT. USE & VARIATION/ DEMPSTER AND RAND: EXECUTIVE SESSION: ACQUIS. OF PROP./SETTING PRICE OR LEASE/NEW FIRE DEPT. FACILITY 1930 LEE: Resolution R-85-02 ACQUIS. OF PROP./SETTING PRICE OR LEASE/NEW FIRE DEPT. FAC., 1175 PROSPECT: PAGE NINE AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. 019 9/3/02 Moved by Smith, seconded by Brookman, to concur with consensus in Committee of the Whole to hold a Committee of the Whole meeting on Monday, September 23, 2002 at 6:30 p.m. to further discuss the redistricting of the City. Motion declared carried. Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-87-02, 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: $2,779,295.99. 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. Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole to grant request for Conditional Use and Variation, re Zoning Case 02-44- CU-V, to permit development of a funeral home in a C-2 Limited Office Commercial District on property located at the southwest corner of Dempster/Miner Street and Rand Road; and City Attorney be authorized to draft necessary ordinance. Upon roll call, the vote was: AYES: 5-Murphy, Sayad, Becker, Smith, Argus NAYS: 4-Beauvais, Christiansen, Brookman, Arredia ABSENT: 0-None Motion declared carried (further action on this matter under Unfinished Business on September 16, 2002). The City Council went back into Exe cu ti ve Session at 10:40 p.m., which had been recessed earlier in the meeting by Mayor Arredia. The City Council reconvened at 11:11 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. Moved by Beauvais, seconded by Smith, to concur with consensus in Executive Session that the City accept the Final Just Compensation Settlement with David and Teresa Nelson for the purchase of property located at 1930 Lee Street in the amount of $255,000; and further recommend to adopt Resolution R-85-02, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A FINAL JUST COMPENSATION SETTLEMENT BETWEEN DAVID AND TERESA NELSON AND THE CITY OF DES PLAINES FOR THE PURCHASE OF PROPERTY COMMONLY KNOWN AS 1930 LEE STREET, IN THE AMOUNT OF $255,000, as part of the site for the new Fire Department Facility. 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. Moved by Beauvais, seconded by Brookman, to concur with majority agreement in Executive Session that Staff be authorized to finalize the purchase of 1175 Prospect Lane in the amount of $290,000 and that property owner, Lois Czubakowski, pay the City a monthly rent amount of $500 for five (5) years. Upon roll call, the vote was: AYES: 5-Beauvais, Murphy, Sayad, Brookman, Becker NAYS: 3-Christiansen, Smith, Argus ABSENT: 0-None (''\({\; Motion declared carried. ~' AJOURNMENT: PAGE TEN 020 9/3/02 Moved by Murphy, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:15 p.m. Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS 2002