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05-17-2004186 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, MAY 17, 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 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 17, 2004. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Sayad, Brookman, Becker, Smith, Argus. Alderman Murphy arrived in Executive Session at 6:08 p.m. Alderman Beauvais arrived in Executive Session at 6:38 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: RECOGNITION: PROCLAMATION: PRESENTATION: Moved by Sayad, seconded by Argus, to go Executive Session to discuss personnel probable-imminent litigation. Upon roll call, vote was: AYES: 6-Christiansen, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Beauvais, Murphy Motion declared carried. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:05 p.m. into and the Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus. The opening prayer was given by Reverend Steve Lyon, Des Plaines Bible Church, followed by the Pledge of Allegiance to the Flag. Mayor Arredia recognized Andrew Alderman, Matthew Bogusz and Brandon Ryan from Boy Scout Troop 22 who recently earned the rank of Eagle Scout. Mayor Arredia read and presented a proclamation to the Des Plaines Garden Club in commemoration of Garden Club Week, June 6-12, 2004. Mayor Arredia introduced Linda Kiscellus of Lurvey's Garden Center who presented a cast concrete statue of a firefighter in full gear to Fire Chief Farinella to honor the firefighters who died in New York City on September 11, 2001. PERSONNEL: CONSENT AGENDA: MINUTES: Consent Agenda AMENDMENT/ RULES & REGS. BD. OF FIRE & POLICE COMMISSION.: Consent Agenda Ordinance M-30-04 COMMUTER PARKING LOT LEASE EXTENSION/ UNION PACIFIC RAILROAD: Resolution R-62-04 187 5/17/04 PAGE TWO Moved by Smith, seconded by Sayad, to concur with majority agreement in Executive Session that the City enter into a Separation Agreement with William Schneider, Jr. which includes nine (9) months severance, health insurance and assistant to the City on projects in an estimated net lump sum payment of $42,700. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. Alderman Christiansen requested that Items 4, 4a and 9 be removed from the Consent Agenda. Moved by Beauvais, seconded by Sayad, to establish a Consent Agenda except for Items 4, 4a and 9. Motion declared carried. Moved by Brookman, the Consent Agenda. AYES: 8-Beauvais, seconded by Murphy, to approve Upon roll call, the vote was: Brookman, NAYS: 0-None Christiansen, Murphy, Sayad, Becker, Smith, Argus ABSENT: 0-None Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinances M-24-04, M-26-04, and M-27-04 were adopted; Ordinance M-30-04 and M- 31-04 were placed on First Reading; and Resolutions R-63-04 and R-65-04 were adopted. Moved by Brookman, seconded by Murphy, to approve minutes of the regular meeting of the City Council held May 3, 2004, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to minutes of the Executive Session of the City meeting held May 3, 2004. Motion declared as approved unanimously under Consent Agenda. approve Council carried Moved by Brookman, seconded by Murphy, to concur with recommendation of Board of Fire & Police Commissioners and approve changes to the Rules and Regulations of the Board regarding initial hire requirements; and further recommend to place on First Reading Ordinance M-30 -04, AN ORDINANCE ADOPTING THE AMENDMENTS REGARDING INITIAL HIRE REQUIREMENTS TO THE REVISED RULES AND REGULATIONS OF THE BOARD OF FIRE declared carried Consent Agenda. & POLICE COMMISSIONERS. as approved unanimously Motion under Moved by Murphy, seconded by Becker, to TABLE additional information from Staff and Metra for the recommendation to authorize Mayor and City Clerk to execute Lease Extension with Union Pacific Railroad, 1800 Farnam Street, Omaha, NE 68102, for six (6) commuter parking lots (#3, 7 North, 7 South, 8, 9, 11), effective July 7, 2004, for one (1) year, continuing annually thereafter unless terminated earlier by either party on thirty days written R-62-04 (Cont'd.) TIME EXTENSION OF CONDITIONAL USE/2077 DEMPSTER ORD. Z-10-03: Consent Agenda Resolution R-63-04 PATIO VARIATION/ 1375 ELMHURST: Consent Agenda RESURFACE COMMUTER LOT #8: Consent Agenda CHANGE ORDER/2003 CONCRETE IMPROVEMENTS: Consent Agenda AWARD BID/ 2004 CRACK SEALING: 188 5/17/04 PAGE THREE notice; City to pay UPRR one-third (1/3) of the gross revenue collected on the properties, payable monthly, plus taxes; and further recommend to adopt Resolution R-62-04, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO A LEASE EXTENSION BETWEEN THE CITY OF DES PLAINES AND UNION PACIFIC RAILROAD COMPANY FOR RENTAL OF COMMUTER PARKING WITHIN THE CORPORATE LIMITS OF THE CITY OF DES PLAINES. Motion declared carried. Aldermen Beauvais and Smith voted no. Motion by Brookman, seconded by Murphy, to concur with Staff recommendation to grant request for extension of Conditional Use (approved by the City Council on May 5, 2003 Ordinance Z-10-03), and time for submitting of construction plans for financial institution and drive-through facility on property located at 2077 Dempster Street; extension to be from May 9, 2004 through May 8, 2005; and further recommend to adopt Resolution R-63-04, A RESOLUTION GRANTING AN EXTENSION OF ONE YEAR FOR THE CONDITIONAL USE AND SUBMITTAL OF CONSTRUCTION PLANS FOR THE CONDITIONAL USE PERMIT GRANTED BY ORDINANCE Z-10-03 FOR THE PROPERTY COMMONLY KNOWN AS 2077 DEMPSTER STREET, DES PLAINES. Motion declared carried Agenda. as approved unanimously under Consent Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to grant request for Variation to Section 10-1-11 of the Building Code Amendments to permit construction of a patio, 41' wide x 27' long (Code prohibits patios from extending more than 15' from the building foundation) , in the rear yard of property located at 1375 Elmhurst Road. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to approve after-the-fact payment to Orange Crush L. L. C. , 321 Center Street, Hillside, IL 60162, for resurfacing of Commuter Lot #8, in the total amount of $13,911.75/Budgeted Parking Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to approve Change Order to contract with Schroeder & Schroeder, 7306 Central Park, Skokie, IL 60076, (for 2003 Concrete Improvements approved by the City Council on May 5, 2003 and August 4, 2003 in the total contract amount of $485,000); to add additional quantities of sidewalk repair in the amount of $8,535.30, resulting in a total contract amount of $492,535.30/MFT Funds, Section 03-00000-06 GM. Motion declared carried as approved unanimously under Consent Agenda. Alderman Christiansen stated that when this work was completed in previous years, the dust from the crack sealing got into residents' homes; please notify the residents in the area the day before crack sealing begins so they may close their windows. CRACK SEALING (Cont'd.) AWARD BID/ 2004 STREET LANE PARKING: Consent Agenda AWARD BID/ PRAIRIE AVE. GUARDRAIL: Consent Agenda AWARD BID/ LEAK DETECTION: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda 189 5/17/04 PAGE FOUR Moved by Christiansen, seconded by Murphy, to concur with Staff recommendation to award bid for 2004 Crack Sealing Program through the Northwest Municipal Conference to their low bidder, SKC Construction, Inc., P.O. Box 503, West Dundee, IL 60118, at a cost of $0.921 per pound of sealant for a total not-to-exceed amount of $26,000/Budgeted MFT Funds, Section 04-00000-00 GM. Upon roll call, the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 1-Beauvais ABSENT: 0-None Motion declared carried. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to award bid for 2004 Street Lane Marking Program through the Northwest Municipal Conference to their low bidder, Superior Road Striping, Inc., 1967 Cornell Court, Melrose Park, IL 60160, at a cost of $0. 31/linear ft. -4" line; $0.47/linear ft. -6" line; $0.80/linear ft. - 12" line; $1. 75/linear ft. -24" line; $2 sq. ft. - Letters and Symbols; and $0. 70 sq. ft. Marking Removal; for a total not-to-exceed amount of $13, 000/MFT Funds, Section 04-00000-00 GM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to award bid for Prairie Avenue Guardrail Replacement along Prairie-Farmer Creek to the lowest bidder, Northern Contracting, Inc., 1851 Coltonville Road, Sycamore, IL 60178, in the total bid amount of $21,848.40/CIP Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to award bid for Two (2)- Year Water System Leak Detection Contract to the lowest bidder, Severn Trent Services, 2 O N. Wacker Drive, Suite 1530, Chicago, IL 60606, for the Year One (1) cost of $0.01875 per foot/$99 per mile, and Year Two (2) cost of $0.0197 per foot/$104 per mile; all costs from Budgeted Water Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Water Plant SCADA (Supervisory Control and Data Acquisition) System, returnable by 3:00 p.m., Thursday, June 3, 2004. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 2004 Concrete Improvements, returnable by 3:00 p.m., Friday, June 4, 2004. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-24-04 LIQ. LIC. REVISIONS: Consent Agenda ORDINANCE M-26-04 LIC. AGREE./ 756 YORKSHIRE: Consent Agenda ORDINANCE M-27-04 LIC. AGREE./ 19 E. WASHINGTON: Consent Agenda ORDINANCE M-31-04 BD. OF FIRE & POLICE REGS.: Consent Agenda ASSIGN. OF LIBRARY PARK. DECK SPACES/ 701 LEE ST.: Consent Agenda Resolution R-65-04 AMEND ORDER OF BUSINESS: ORDINANCE M-29-04 2004A & B GO BONDS: 190 5/17/04 PAGE FIVE Moved by Brookman, seconded by Murphy, to adopt Ordinance M-24-04, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS" CHAPTER 4 I "LIQUOR CONTROL, II OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to adopt Ordinance M-26-04, 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 STEVEN MATAN, 756 YORKSHIRE LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to adopt Ordinance M-27-04, 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 DANIEL TAYLOR, 19 EAST WASHINGTON STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to place on First Reading Ordinance M-31-04, AN ORDINANCE ADOPTING THE AMENDMENTS REGARDING MILITARY PREFERENCE POINTS TO THE REVISED RULES AND REGULATIONS OF THE BOARD OF FIRE & POLICE COMMISSIONERS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to authorize Mayor and City Clerk to execute Assignment of Lease and Estoppel Certificate with Thrivent Financial for Lutherans, 4321 N. Ballard Road, Appleton, WI 54919, for the 304 parking spaces leased to Lee Street Des Plaines, North Star Trust Company, as Trustee, % Craig/Steven Development Corporation, Huehl Road, Suite 1-A, Northbrook, IL 60062, in the Library Plaza Parking Deck, effective May 14, 2004; and further recommend to adopt Resolution R-65-04, A RESOLUTION AUTHORIZING THE EXECUTION OF AN ESTOPPEL CERTIFICATE AND ASSIGNMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THRIVENT FINANCIAL FOR LUTHERANS FOR 701 LEE STRET PARKING DECK SPACES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Christiansen, to amend the order of business to bring to the floor Item 1 under Unfinished Business regarding the adoption of Ordinance M-29-04/2004A-2004B GO Bond Issue. Motion declared carried. Moved by Sayad, seconded by Argus, to adopt Ordinance M-29-04, AS AMENDED, AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 2004A AND TAXABLE GENERAL OBLIGATION BONDS I SERIES 2 0 04B I OF THE CITY OF DES PLAINES I ILLINOIS. Upon roll call, the vote was: M-29-04 (Cont'd.) AMEND ORDER OF BUSINESS: WARRANT REGISTER: NEW JOB CLASS./POLICE COMMANDER POSITION: ZONING CASE 04-07-PUD-A PRELIMINARY PUD/700 NORTHWEST HWY.: 191 5/17/04 AYES: NAYS: PAGE SIX 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus 0-None ABSENT: 0-None Motion declared carried. Alderman Brookman requested that the record show that she is voting yes for the road improvements, but no for the TIF #1 infrastructure improvements and land acquisition, no for TIF #3 public improvements, and no for TIF #6 land acquisition. Moved by Becker, seconded by Sayad, to amend the order of business to bring to the floor Item 3 under Committee of the Whole regarding Zoning Case 04-07- PUD-A/700 Northwest Highway Ordinance Z-19-04. MOTION DECLARED FAILED. Aldermen Sayad, Becker and Argus voted yes. Aldermen Beauvais, Christiansen, Murphy, Brookman and Smith voted no. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Murphy, seconded by Christiansen, to recommend to the City Council approval of the May 17, 2004 -Warrant Register, in the total amount of $4,244,517.95; and further recommend that Resolution R-64-04 be adopted at appropriate time this evening. Motion declared carried. PUBLIC SAFETY -Alderman Beauvais, Chair Police Chief Prandini reviewed Director of Human Resources Bajor's memo of May 7, 2004, outlining the addition of the exempt position of Police Commander, which will be the direct officer in charge of an assigned shift in the Police Department. Alderman Beauvais stated that the Deputy Police Chief salary restructuring portion of the ordinance would be discussed at another meeting. to new and AS Moved by Christiansen, seconded by Sayad, recommend to the City Council to approve the position classification of Police Commander, place on First Reading Ordinance M-32-04 AMENDED at appropriate time this evening. declared carried. Motion COMMUNITY DEVELOPMENT -Alderman Becker, Chair Alderman Becker reviewed Deputy Director Community Development Molinari' s memo of April of 29, to approve (PUD) for 2004, re Zoning Case 04-07-PUD-A, Preliminary Planned Unit Development property located at 700 Northwest Highway. 700 NW HWY. (Cont'd.) DISCUSSION/ AMENDMENT, ANIMAL CONTROL ORDINANCE: PAGE SEVEN 192 5/17/04 The petitioner, Mr. Bill Rotolo, RBR Properties, 3436 Kennicott Avenue, Suite 120, Arlington Heights, IL 60004, addressed the Committee of the Whole and reviewed the proposed project . Mr. Rotolo introduced Mr. Joe Safin, Bloodgood Sharp Buster, 1530 E. Dundee Rd., Suite 360, Palatine, IL 60074, Mr. Frank Salathe, JEN Land Design, Inc., 5517 N. Cumberland, Suite 906, Chicago, IL 60656, Mr. Tyler Mack, Pugsley & LaHaie, Ltd, 24414 N. Old McHenry Road, Lake Zurich, IL 60047 and Thomas Koenig, Concord Homes, Inc. 1540 E. Dundee Road, Suite 350, Palatine, IL 60074, who presented their area of expertise on the project and answered Aldermen questions. Alderman Beauvais stated that she is concerned about changing the zoning; there are always issues when a residential area is next to an industrial area; she is not sure this is the right location for this project; this is spot zoning; concerned that an official meeting has not been held with the residents of the area. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole stating that this location has been a high traffic area for trouble; people are running through the area to avoid the police. Alderman Murphy stated that this is a great project; she is not sure this is the right location; there is some merit that this could be spot zoning; residents in her Ward that are next to an industrial area are always complaining. Moved by Sayad, seconded by Argus, to concur with recommendation of Des Plaines Plan Commission and Staff, and recommend to the City Council, re Zoning Case 04-07-PUD-A, to approve Preliminary Planned Unit Development (PUD) with conditions for property located at 700 Northwest Highway, and place on First Reading Ordinance Z-19-04 at appropriate time this evening. Upon roll call the vote was: AYES: 7-Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 1-Beauvais ABSENT: 0-None Motion declared carried. LEGAL & LICENSING -Alderman Smith, Chair Police Chief Prandini reviewed his memo of April 30, 2004, regarding the amendment of the Animal Control Ordinance by improving the City's ordinance to identify additional "dangerous animals" and regulations concerning their security/confinement. Alderman Sayad stated that the new ordinance should be publicized to the residents; generate a handout and distribute to those purchasing vehicle stickers; put the information on the City's cable channel. ANIMAL CONTROL (Cont'd.) STATE ETHICS & GIFT BAN ORDINANCE: 193 5/17/04 PAGE EIGHT Ms. Jodie Dornseif, 968 Walter Avenue, addressed the Committee of the Whole stating that her two dogs were attacked; she is glad to see stricter guidelines; there are over 4,000 dogs in Des Plaines and only half are licensed; the City is losing money. Mr. Paul Bernero, 975 Greenview Avenue, addressed the Committee of the Whole stating that his wife is also behind this new ordinance; they just want the homeowners to be responsible. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation and recommend to the City Council approval of amendments to the Animal Control Ordinance by identifying additional "dangerous animals" and regulations concerning their security/confinement, and place on First Reading Ordinance M-34-04 at appropriate time this evening. Motion declared carried. City Attorney Wiltse reviewed his memo of May 7, 2004, which states that the General Assembly passed two laws involving ethics and gift bans that the City must adopt by incorporating by reference the provisions of the two State statutory changes. Alderman Smith stated that this ordinance adopts the State law by reference so that any State law that affects State officials would also affect local officials; these must be adopted by May 19, 2004. Alderman Brookman stated that she is concerned about the interpretation, intention and application issues of the new law raised by Illinois Municipal League attorneys; public officials are expected to follow a law that Illinois Municipal League attorneys and the Attorney General cannot agree on. Alderman Sayad stated that he has the same concerns as Alderman Brookman. Mayor Arredia stated that he would like a breakdown of what the changes are compared to our old ordinance so that everyone understands the new law. City Attorney Wiltse stated that training seminars would be scheduled in the near future. Moved by Beauvais, seconded by Becker, to concur with Staff recommendation and recommend to the City Council approval of the State Officials and Employees Ethics Act (5 ILCS 430/1-1 et. seq.) in the City of Des Plaines, and place on First Reading Ordinance M-33-04 at appropriate time this evening. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. WARRANT REGISTER: Resolution R-64-04 NEW JOB CLASS./POLICE COMMANDER POSITION: Ordinance M-32-03 ZONING CASE 04-07-PUD-A PRELIMINARY PUD/700 NORTHWEST HWY.: Ordinance Z-19-04 AMENDMENT, ANIMAL CONTROL ORDINANCE: Ordinance M-34-04 STATE ETHICS & GIFT BAN ORDINANCE: Ordinance M-33-04 194 5/17/04 PAGE NINE Moved by Sayad, seconded by Murphy, to concur with recommendation of Committee of the Whole to adopt Resolution R-64-04, 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: $4, 244, 517. 95. 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 recommendation of Committee of the Whole to approve the new position classification of Police Commander, and place on First Reading Ordinance M- 32-04, -AS AMENDED, AN ORDINANCE AMENDING TITLE 1 "ADMINISTRATIVE", OF CHAPTER 8 "POSITION CLASSIFICATION AND COMPENSATION PLAN," SECTION 4 "CLASSIFICATION PLAN TO THE CITY SERVICE" FOR SCHEDULE III, "PUBLIC SAFETY SUPERVISORY PERSONNEL- NON-UNIONIZED", TO ADD THE NEW POSITION OF POLICE COMMANDER IN THE DES PLAINES CITY CODE. Motion declared carried. Moved by Becker, seconded by Sayad, to concur with recommendation of Committee of the Whole, re Zoning Case 04-07-PUD-A, to approve Preliminary Planned Unit Development (PUD) with conditions for property located at 700 Northwest Highway, and place on First Reading Ordinance Z-19-04, AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) IN ACCORDANCE WITH SECTION 3.5 OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 700 NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS (CASE #04- 07-PUD-A). Motion declared carried. Alderman Beauvais voted no. Moved by Smith, seconded by Beauvais, to concur with recommendation of Committee of the Whole to approve amendments to the Animal Control Ordinance by identifying additional "dangerous animals" and regulations concerning their security/confinement, and place on First Reading Ordinance M-34-04, AN ORDINANCE AMENDING TITLE 6, "POLICE REGULATIONS" CHAPTER 1, "ANIMAL CONTROL" OF THE DES PLAINES CITY CODE. Motion declared carried. Moved by Smith, seconded by Sayad, to concur with recommendation of Committee of the Whole to approve the State Officials and Employees Ethics Act (5 ILCS 430/1-1 et. seq.) in the City of Des Plaines, and place on First Reading Ordinance M-33-04. Motion declared carried. Moved by Smith, seconded by Sayad, to advance to Second Reading and adopt Ordinance M-33-04, AN ORDINANCE IMPLEMENTING THE PROVISIONS OF THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT (5 ILCS 430-1-1 ET SEQ.) IN THE CITY OF DES PLAINES. Upon roll call, the vote was: M-33-04 (Cont'd.) ORDINANCE Z-19-04 700 NW HWY: ADJOURNMENT: 195 5/17/04 PAGE TEN AYES: 8-Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Brookman, to advance Second Reading and adopt Ordinance Z-19-04, ORDINANCE TO ALLOW A CONDITIONAL USE FOR PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) ACCORDANCE WITH SECTION 3.5 OF THE CITY OF to AN A IN DES PLAINES ZONING ORDINANCE AT 700 NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS (CASE #04-07-PUD-A). Upon roll call, the vote was: AYES: 5-Christiansen, Sayad, Brookman, Becker, Argus NAYS: 3-Beauvais, Murphy, Smith ABSENT: 0-None MOTION DECLARED FAILED. (further action on this matter under Unfinished Business on June 7, 2004) Moved by Sayad, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:03 p.m. CITY CLERK APPROVED BY ME THIS f 2004 An tho MAYOR