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01-19-2004094 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, MONDAY, JANUARY 19, 2004 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 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, January 19, 2004. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Say ad, Becker, Smith and Argus. Aldermen Beauvais and Brookman were absent. Alderman Beauvais arrived in Executive Session at 6:33 p.m. Alderman Brookman arrived in Executive Session at 6:45 p. m. Also present were: City Manager Niemeyer, Director of Finance Egeberg, Police Chief Prandini, Fire Chief Farinella, Director of Engineering Oakley, Director of Public Works Dusckett, Deputy Director of Community Development Molinari, Assistant City Attorney Bartel and City Attorney Wiltse. - EXECUTIVE SESSION: PRAYER AND PLEDGE: PUBLIC HEARING/ CDBG ANNUAL PERF. RPT.: CALL TO ORDER: DISCUSSION: Moved by Argus, seconded by Smith, to go into Executive Session to discuss sale of City property. 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 6:31 p.m. The City Council reconvened at 7:10 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Pastor Richard Mau, Immanuel Lutheran Church, followed by the Pledge of Allegiance. MINUTES OF THE PUBIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, JANUARY 19, 2004 Mayor Arredia called the Public Hearing to order at 7:14 p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the City's Consolidated Annual Performance and Evaluation Report (CAPER ) for Program Year 2002, detailing the City's use of Community Development Block Grant (CDBG) Funds, beginning October 1, 2002 and ending September 30, 2003. Community Development Block Grant Consultant Nancy Dobner gave a brief overview. Mayor Arredia asked for comments from the aldermen and the public. There were none. Final action on this matter under Items 6 and 6a on the Consent Agenda this evening. The Public Hearing was adjourned at 7:18 p.m. The City Council reconvened at 7:19 p.m. SALE OF CITY PROPERTY/841 GRACELAND: CITIZEN PARTICIPA. : CONSENT AGENDA: MINUTES: Consent Agenda TAXI ORD. AMENDMENTS/ RE INSPECTION AND FEE: Consent Agenda Ordinance M-3-04 Ordinance M-4-04 PAGE TWO 095 1/19/04 Moved by Becker, seconded by Sayad, to concur with majority agreement in Executive Session that Staff be authorized to proceed to prepare the necessary documents for the request for proposals to market the sale of 841 Graceland Avenue. Upon roll call, the vote was: AYES: 5-Murphy, Sayad, Becker, Smith, Argus NAYS: 3-Beauvais, Christiansen, Brookman ABSENT: 0-None Motion declared carried. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that he questions the comments made by the chairman of the Finance & Administration Committee regarding the budget because it does not include all the projects, i.e. funding for the new Fire Facility; the budget is not finished; no grant money was ever received for this project. Alderman Sayad said that these projects are going to be addressed in the future; we are going to have open meetings. Moved by Sayad, Consent Agenda. seconded by Becker, to Motion declared carried. establish a Moved by Christiansen, seconded by Becker, 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; Ordinances M-1-04, M-2-04 and Z-6-04 were adopted; Ordinances M-3- 04, M-4-04, M-5-04 and T-1-04 were placed on First Reading; and Resolutions R-6-04 and R-7-04 were adopted. Moved by Christiansen, seconded by Becker, to approve minutes of the regular meeting of the City Council held January 5, 2004, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Becker, to approve minutes of the Executive Session of the City Council held January 5, 2004. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Becker, to concur with Staff recommendation to amend Title 4, Chapter 1, Section 4-1-6 -"License Fees" and Chapter 12, Section 4-12-1 - "Taxicab Company Licenses" of the City Code to remove the Community Service Officers from the inspection process altogether; authorize Arlington Automotive Service, Inc., 1001 S. Arlington Heights Road, Arlington Heights, IL 60005, or Leyden-Windy City Towing & Service Center, 9345 Byron, Schiller Park, IL 60176, to conduct these inspections (taxi company to pay the inspection cost directly to the businesses); a re-inspection fee be implemented for vehicles that fail the inspection process; a "Des Plaines Chauffeur License" be displayed in each vehicle passing inspection; and further recommend to place on First Reading: Ordinance M-3-04, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 1, "GENERAL LICENSE REGULATIONS" SECTION 6, "LICENSE FEES" OF THE DES PLAINES CITY CODE; and Ordinance M-4-04, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 12, "PUBLIC PASSENGER VEHICLES" OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. SALE OF P.W. EQUIPMENT TO MT. PROSPECT: Consent Agenda Ordinance M-5-04 PARKING RESTRICTION/ PROSPECT AVENUE: Consent Agenda Ordinance T-1-04 CDBG ANNUAL PERF. & EVAL. REPORT: Consent Agenda Resolution R-6-04 PENTAMATION UPGRADE CONTRACT: Consent Agenda Resolution R-7-04 DECEMBER ELEC. INSPEC. SERVICES: Consent Agenda PAGE THREE 096 1/19/04 Moved by Christiansen, seconded by Becker, to concur with Staff recommendation to authorize sale of four (4) Sweepster Leaf Loaders (#538082, #538085, #538086 and #538087) to the Village of Mt. Prospect, 100 S. Emerson Street, Mt. Prospect, IL 60056, in the total amount of $8,000; equipment is no longer necessary or useful to or for the best interest of the City; and further recommend to place on First Reading Ordinance M-5-04. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-5-04, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY AND INTERESTS IN REAL PROPERTY IN ACCORDANCE WITH CITY CODE SECTION 1-12-4 AND SECTION 1-12-5. 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 Christiansen, seconded by Becker, to concur with recommendation of Staff Traffic Advisory Committee (STAC) to amend Title 7, Chapter 3, Section 7-3-4 -"Parking Limited in Designated Places" of the City Code to delete overnight parking restriction on the north and south sides of Prospect Avenue, Ash Street to Pine Street; and further recommend to place on First Reading Ordinance T- 1-04, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC" CHAPTER 3, "STOPPING, STANDING AND PARKING" SECTION 4, "PARKING LIMITED IN DESIGNATED PLACES" OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Becker, to concur with Staff recommendation to approve Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG) Program Year -October 1, 2002 to September 30, 2003, and City Clerk be authorized to submit the Report to the U.S. Department of Housing and Urban Development (HUD ) by February 2, 2004 ; and further recommend to adopt Resolution R-6-04, A RESOLUTION REQUESTING APPROVAL FROM THE CITY OF DES PLAINES CITY COUNCIL OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR PROGRAM YEAR 2002, A REPORT IN CONJUNCTION WITH THE ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Becker, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Software License Agreement with SunGard Pentamation, Inc., 3 W. Broad Street, Suite 1, Bethlehem, PA 18018, for a two ( 2 ) -year project to upgrade the City1 s Pentamation accounting software a t a cost of $75,000 for 2004 and $75,000 for 2005/Budgeted Funds; and further recommend to adopt Resolution R-7-04, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN PENTAMATION AND THE CITY OF DES PLAINES FOR DATABASE SERVICES FOR CALENDAR YEAR 2004 AND 2005. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Becker, to concur with Staff recommendation to approve payment to B&F Technical Code Services, Inc., 2401 W. Hassell Road, Suite 1550 ; Hoffman Estates, IL 60195, Invoice #18921, in the amount of $7, 520/Building & Code Funds, for electrical inspection services provided in December, 2003. Motion declared carried as approved unanimously under Consent Agenda. .• EXPENSE PAYMENT/NEW YEAR'S EVE CELEBRATION: Consent Agenda ORDINANCE M-1-04 LIQ. ORD. AMEND. RE DAY CARE CENTERS: Consent Agenda ORDINANCE M-2-04 LIOo LIC./ 1186 LEE: Consent Agenda ORDINANCE Z-6-04 TEXT AMEND./ MAIL. NOTICE REQUIREMENT: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda REAPPOINT- MENTS: SUSPEND THE RULES FOR PUBLIC COMMENT: V:1 / 1/19/04 PAGE FOUR Moved by Christiansen, seconded by Becker, to concur with Staff recommendation to authorize payment to Woolson Production Group, 1739 Chestnut Avenue, Building #5, Glenview, IL 60025, in the amount of $5,500 for professional services provided for the New Year's celebration at the Des Plaines Library on December 31 , 2003; this cost was underwritten by R. Franczak & Associates. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Becker, to adopt Ordinance M-1-04, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 4, "LIQUOR CONTROL" SECTION 11, "PREMISES RESTRICTIONS" OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Becker, to adopt Ordinance M-2-04, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 4 "INTOXICATING LIQUORS" SECTION 5, "NUMBER OF LICENSES LIMITED OF THE CITY CODE OF DES PLAINES TO ADD ONE CLASS H-1 LIQUOR LICENSE FOR EL MARIACHI RESTAURANT LIMITED PARTNERSHIP D/B/A EL MARIACHI RESTAURANT, LOCATED AT 118 6 LEE STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Becker, to adopt Ordinance Z-6-04 -AS AMENDED, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE SECTION 3 .1-3, "NOTICE," TO ADD THE REQUIREMENT TO NOTIFY PROPERTY OWNERS WITHIN 300 FEET OF THE PERIMETER OF THE SUBJECT LOT OF RECORD BY FIRST CLASS MAIL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Becker, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) Medium Duty EMA Response Vehicle, returnable by 3:00 p.m., Thursday, February 12 , 2004. Motion declared carried as approved unanimously under Consent Agenda. Presented for consideration, no action required, were the following reappointments: HUMAN SERVICES COMMISSION Tom P. Kalayil, Terry Just and Nancy Magill YOUTH COMMISSION Ronald Burton, Mary Dankowski and Thomas Simeone (final action on this matter under Consent Agenda on February 2, 2004) Moved by Brookman, seconded by Argus, to suspend the rules to permit public comment at this time. Motion declared carried. Mr. Phil Manelli, 446 W. Touhy Avenue, Lot 393, addressed the City Council stating that he has lived here 37 years, part of that in corporate Des Plaines; we are as much a part of Des Plaines as anyone else; some people think we are second class citizens just because we don't live in corporate Des Plaines; we are not. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE WARRANT REGISTER: PROPERTY TAX ABATEMENT: KLAEREN RULES OF PROCEDURE: PAGE FIVE FINANCE & ADMINISTRATION 098 1/19/04 Alderman Sayad, Chair Moved by Murphy, seconded by Brookman, to recommend to the City Council approval of the January 19, 2004 Warrant Register, in the total amount of $2,520,592.91; and further recommend that Resolution R-8-04 be adopted at appropriate time this evening. Motion declared carried. Moved by Christiansen, seconded by Becker, to recommend to the City Council the abatement of the Year 2003 Tax Levy in the amount of $72,982 (from 4% to 3 .5%), as provided in Ordinance M-87-03; and Ordinance M-7-04 be placed on First Reading at appropriate time this evening. Motion declared carried. Aldermen Murphy and Brookman voted no. LEGAL & LICENSING -Alderman Smith, Chair Alderman Smith reviewed the matter of the Klaeren rules which were previously discussed on January 5, 2004; these rules are now mandated by the Court (Klaeren v. Village of Lisle -2002); it is now required that "interested parties" should have an unlimited cross-examination of opposing witnesses, thus rules of procedure become necessary. City Attorney Wiltse stated that the rules being presented for approval are model rules compiled by a selected special committee of attorneys of the Illinois Municipal League member cities. Alderman Brookman questioned the legality of these rules. Motion by Alderman Brookman to recommend to the City Council that the matter of the Klaeren Rules of Procedure be tabled for a review of their legality, DIED FOR LACK OF A SECOND. Mr. Arnie Seegers, 1707 Campbell Avenue, who is chairman of the Des Plaines Zoning Board of Appeals, addressed the Committee of the Whole stating that he thinks these r ule s are a good idea, but they need a little more refinement ; a lot of this is common sense, but these procedures are very important; there should be a provision to permit modifications; the Zoning Board and the Plan Commission should meet and review these rules. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole regarding someone being ruled out of order and whether hearsay can be given. City Attorney Wiltse said decisions must be made on competent evi dence . A general discussion followed on hearsay evidence, what will be acceptable, when would evidence be ruled out of order. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that these are not the complete rules; they have been modified by the City Attorney; who is a "special interested" person?; they should define this. Alderman Smith said that would b e up to the chairman. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that these rules will make it difficult to conduct the meetings; he questioned how these rules would be administered when the aldermen have difficulty enforcing "Robert's Rules of Order;" i mplement your present ordinances; stay as a l egislative body . KLAEREN (Cont'd. ) DES PLAINES THEATER FEASIBILITY STUDY: PAGE SIX 099 1/19/04 Moved by Becker, seconded by Argus, to concur with Staff recommendation and recommend to the City Council to accept the proposed Rules of Procedure for Public Hearings before the Des Plaines Plan Commission, Zoning Board of Appeals and City Council; and Resolution R-9-04 be adopted at appropriate time this evening. Alderman Brookman stated that the aldermen should continue to act as a legislative body; we should make new rules since the ruling of the Illinois Supreme Court is unclear; we must receive a copy of the official minutes from the Plan Commission and/or Zoning Board before we hear a matter. Moved by Murphy, seconded by Brookman, to adopt a substitute motion and recommend to the City Council to accept the proposed Rules of Procedure for Public Hearings before the Des Plaines Plan Commission and Zoning Board of Appeals, but delete the City Council. Upon roll call, the vote was: AYES: 3-Christiansen, Murphy, Brookman NAYS: 5-Beauvais, Sayad, Becker, Smith, Argus ABSENT: 0-None MOTION DECLARED FAILED. Upon roll call on the original motion, the vote was: AYES: 5-Beauvais, Sayad, Becker, Smith, Argus NAYS: 3-Christiansen, Murphy, Brookman ABSENT: 0-None Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Alderman Becker stated that on August 18, 2003, the City Council authorized the Staff to prepare an RFP and solicit proposals for a feasibility/marketing study for the Des Plaines Theater property, 1476 Miner Street, in an amount not-to-exceed $60,000/TIF Funds, which would be repaid by the Des Plaines Theater Preservation Society. Alderman Becker asked if a market study could be done City-wide and paid for with TIF Funds. City Manager Niemeyer said no. City Manager Niemeyer stated that the Staff needs direction as to what the City Council wants them to do, i.e. mail out the RFP and then choose a firm to do such a study as previously approved, implement a marketing study that is not site specific as to whether a theater would be feasible in the community at an approximate cost of $25,000/General Fund. Alderman Brookman stated that she would strongly support a feasibility study done by a third party; the Des Plaines Theater Preservation Society should be part of the study group. Alderman Beauvais asked what we would do wit h this study when we get it back after investing all this money if we don't get the consent of the owner. City Manager Niemeyer said it would give the City a truer picture of what it would cost to develop this project. Mayor Arredia stated that he would strongly recommend the City spend the $25,000 and do a study in the downtown area. Mr. Douglas Bryan Bean, 726 Howard Avenue, Secretary of the Des Plaines Theater Preservation Society, addressed the Committee of the Whole regarding the Society vision for this project and benefits for the City; he strongly urged the City Council to move forward with a full study. THEATER (Cont'd.) ORDINANCE M-100-03 2004 APPROPRIA. : ORDINANCE M-6-04 SENIOR MANAGEMENT COMPENSATION: ORDINANCE Z-7-04 TEXT AMEND./ PUBLIC HEARINGS: 100 1 /19/04 PAGE SEVEN Alderman Becker stated that he would like to see all parties, the Staff, the Society, the owner, sit down and work out an understanding of this matter. Mr. Paul Saletnik, 320 Oxford Road, Vice President of the Des Plaines Theater Preservation Society, addressed the Committee of the Whole regarding the comments made about the condition of the theater building; the owner has made corrections/repairs and they were done before he began operation. Mr. Ronald Moore, 1480 Jefferson Street, addressed the Committee of the Whole stating that this has been going on for over a year; this owner can do with this property whatever he wants; there will be a parking problem. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating that this is a valuable piece of property; people are asking why we don't do something with this building; that is why a feasibility study is needed. Moved by Sayad, seconded by Murphy, to recommend to the City Council that Staff be authorized to meet with representatives of the Des Plaines Theater Preservation Society and the owner of the Des Plaines Theater, 1476 Miner Street to discuss the future plans for this site, i.e. letter of intent from the owner, landmark status, and report back to the Committee of the Whole on March 1, 2004. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Becker, Argus NAYS: 2-Brookman, Smith ABSENT: 0-None Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Sayad, seconded by Becker, to adopt Ordinance M-100-03 -AS AMENDED, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR MUNICIPAL PURPOSES DESIGNATED THE "ANNUAL APPROPRIATION BILL" FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004 AND ENDING DECEMBER 31, 2004. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Sayad, Becker, Smith, Argus NAYS: 2-Murphy, Brookman ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Murphy, to place on First Reading Ordinance M-6-04, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 8, "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 7-C, "SALARY ADVANCEMENT WITHIN CLASSIFICATION" BY DELETING THE GENERAL WAGE INCREASE AND INCREASING THE MERIT BONUS FOR SCHEDULE V "MANAGEMENT PERSONNEL," OF THE CITY CODE. Motion declared carried. Aldermen Brookman and Smith voted no. Moved by Sayad, seconded by Becker, to adopt Ordinance Z-7-04, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE SECTION 3.4 "CONDITIONAL USES," SECTION 3.5 "PLANNED UNIT DEVELOPMENTS," SECTION 3. 6 "VARIATIONS" AND SECTION 3. 7 "AMENDMENTS." Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 2-Christiansen, Brookman ABSENT: 0-None Motion declared carried. WARRANT REGISTER: Resolution R-8-04 PROPERTY TAX ABATEMENT: Ordinance M-7-04 KLAEREN RULES OF PROCEDURE: Resolution R-9-04 DES PLAINES THEATER FEASIBILITY STUDY: ADJOURNMENT: PAGE EIGHT 101 1 /19/04 Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-8-04, 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 : $2,520,592.91. 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 Becker, to concur with recommendation of Committee of the Whole to abate Year 2003 Tax Levy in the amount of $72,982 (from 4% to 3.5%), as provided in Ordinance M-87-03; and further recommend to place on First Reading Ordinance M-7-04. Motion declared carried. Aldermen Murphy and Brookman voted no. Moved by Sayad, seconded by Becker, to advance to Second Reading and adopt Ordinance M-7-04, ABATEMENT OF THE 2003 TAX LEVY FOR THE CITY OF DES PLAINES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004 AND ENDING DECEMBER 31, 2004. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Sayad, Becker, Argus NAYS: 3-Murphy, Brookman, Smith ABSENT: 0-None .Mot;iQR Q.Q..,l;u;01d Qilr:d01d. @_v'<I-.) Moved by Smith, seconded by Argus, to concur with recommendation of Committee of the Whole to accept the proposed Rules of Procedure for Public Hearings before the Des Plaines Plan Commission, Zoning Board of Appeals and City Council; and further recommend to adopt Resolution R-9-04, A RESOLUTION ADOPTING THE RULES OF PROCEDURE FOR PUBLIC HEARINGS ATTACHED HERETO AS THE RULES TO BE FOLLOWED FOR PUBLIC HEARINGS BEFORE THE DES PLAINES PLAN COMMISSION, ZONING BOARD OF APPEALS AND CITY COUNCIL. Upon roll call, the vote was: AYES: 5-Beauvais, Sayad, Becker, Smith, Argus NAYS: 3-Christiansen, Murphy, Brookman ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Murphy, to concur with recommendation of Committee of the Whole that Staff be authorized to meet with representatives of the Des Plaines Theater Preservation Society and the owner of the Des Plaines Theater, 1476 Miner Street to discuss the future plans for this site, i.e. letter of intent from the owner, landmark status, and report back to the Committee of the Whole on March 1, 2004. Motion declared carried. Alderman Brookman and Smith voted no. Moved by Murphy, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:14 p.m. Donna McAllister, MMC CITY CLERK APPROVED BY ME THIS DAY OF s+~. « ~ , A~rredi:, MAYOR 2004 2/2/04 CORRECTION: "MOTION DECLARED FAILED." (a two-thirds vote is required for immediate adoption at the meeting where an ordinance is placed on First Reading)