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03-01-1999269 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, MARCH 1, 1999 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Paul W. Jung at 7: 00 p. m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 1, 1999. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. Alderman Beauvais left the meeting at 10:45 p.m. Also present were: City Manager Douthwaite, Assistant to the City Manager Johnson, Director of Economic Development Klaus, Director of Finance Egeberg, Fire Chief Farinella, Police Chief Sturlini, Acting Director of Public Works Reynolds, City Engineer Oakley, Director of Community Development D'Onofrio, Building Official Molinari, Director of Human Resources & Services Merriman, Keep Des Plaines Beautiful Coordinator Rosinia, Assistant City Attorney Bartel, and City Attorney Wiltse. PRAYER AND PLEDGE: CITIZEN PARTICIPA.: CONSENT AGENDA: MINUTES: Consent Agenda ADOPTION OF 1996 BOCA CODE &: AMENDMENTS: The opening prayer was given by Father Michael Olivera, St. Stephen Catholic Church, followed by the Pledge of Allegiance to the Flag. Mrs. Kathy Krus, 888 Mason Lane, addressed the City Council asking about the Consumer Protection Commission; what do they do; what is their function; could this be discussed by the City Council in the future. Mayor Jung stated that a copy of the Consumer Protection Commission ordinance would be sent to her. Alderman Brookman requested Items 3, 3a, 3b and 11 be removed from the Consent Agenda. Moved by Higgason, seconded by Elstner, to establish a Consent Agenda except for Items 3, 3a, 3b and 11. Motion declared carried. Moved by Sarlo, seconded by Smith, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinance M-8-99 was adopted; Ordinances M-11-99 and T-6-99 were placed on First Reading and Resolutions R-12-99, R-13-99 and R-14-99 were adopted. Moved by Sarlo, seconded by Smith, to approve minutes of the regular meeting of the City Council held February 16, 1999, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to approve minutes of the Executive Session of the City Council held February 16, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Arredia, that Ordinance M-10-99 pertaining to amendments to the City Code regarding driveways be amended as follows: Chapter 4-7-9, Section 3 -"Driveways and Hard Surface Limitations" to BOCA CODE &: AMENDMENTS (Cont'd.) Ordinance M-9-99 Ordinance M-10-99 BID AWARD/ TANDEM AXLE DUMP TRUCK: Consent Agenda ADVERTISING FOR BIDS/ RIVERVIEW SEWER PROJ. : Consent Agenda ENGINEERING PROPOSALS/ RIVERVIEW SEWER PROJ. : Consent Agenda MEMBERSHIP/ SUBUR. TREE CONSORTIUM: Consent Agenda Ordinance M-11-99 Resolution R-12-99 270 3/1/99 PAGE TWO strike "Any existing driveway which does not comply with this code section, must be paved, as stated above." Motion declared carried. Moved by Beauvais, seconded by Smith, to concur with recommendation of Committee of the Whole held February 16, 1999, that the City adopt the 1996 BOCA (Building Officials & Code Administrators) Code and Amendments; and further recommend to place on First Reading: ORDINANCE M-9-99/AN ORDINANCE AMENDING TITLE IV "BUILDING REGULATIONS" OF THE CITY CODE OF DES PLAINES TO ADD THERETO A NEW CHAPTER 7 "BUILDING CODE;" and ORDINANCE M-10-99 -AS AMENDED/AN ORDINANCE AMENDING SECTION 4-4-1 "BASIS OF BUILDING PERMIT FEES;" AMENDING SECTION 4-4-5 "DOUBLE FEE" AND RENAMING IT "FEE FOR WORKING WITHOUT PERMIT;" deleting Section 4-6 "ANTENNA INSTALLATIONS;" ADDING SECTION 4 -7-9 "DRIVEWAYS AND HARD SURFACE LIMITATIONS;" ADDING SECTION 4-7-10 "PARTITION FENCES; II AMENDING SECTION 8-9-19 (B) "LITTER/SANITATION; II ADDING SECTION 8 -1-5 (H) "EXTERMINATION; " AMENDING SECTION 8-1-8(G) "ENFORCEMENT INTERPRETATION;" AMENDING SECTION 8-1-9 "ADOPTION OF STATE OF ILLINOIS DEPARTMENT OF PUBLIC HEALTH RETAIL FOOD SERVICE SANITATION RULES AND REGULATIONS (1983) AND CHAPTER 10-COMPLIANCE PROCEDURES OF THE 1976 U.S. PUBLIC HEALTH SERVICE;" AND AMENDING SECTION 8-2-5 "DESTRUCTION AND DISPOSAL OF HYPODERMIC NEEDLES" AND RENAMING IT "DESTRUCTION AND DISPOSAL OF POTENTIALLY INFECTIOUS WASTES." Motion declared carried (final action on this matter under Consent Agenda on March 15, 1999). Moved by Sarlo, seconded by Smith, to concur with recommendation of Committee of the Whole held February 16, 1999, to award bid for One (1) 1999 Heavy Duty Tandem Axle Dump Truck to the lowest bidder to meet specifications, Northwest Ford Truck Center, 4000 N. Mannheim Road, Franklin Park, IL 60131, in the total bid amount of $91,390/Budgeted Funds; reject bids from Hoskins Chevrolet, 175 N. Arlington Heights Road , Arlington Heights, IL 60007 and Lake County Truck Sales & Service, 510 Old Skokie Road, Waukegan, IL 60085, for failing to meet bid requirements; and permit Chicago Truck Center, 1015 W. Pershing Road, Chicago, IL 60609 , to withdraw its bid and receive a refund of their security deposit. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with recommendation of Committee of the Whole held February 16, 1999, that City Clerk be authorized to advertise for bids for Riverview Avenue Relief Combined Sewer Project , returnable by 3: 00 p. m., Thursday, March 18, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with recommendation of Committee of the Whole held February 16, 1999, that Staff be authorized to go out for Request for Engineering Proposals for the Riverview Avenue Relief Combined Sewer Project. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute necessary documents for City to join the Suburban Tree Consortium, % West Central Municipal Conference, 1127 S. Mannheim Road, Suite 102 , Westchester, IL 60154, for a period of five (5) years , effective April 1, 1999, for joint purchase of parkway trees to realize cost savings and insure a reasonable supply and variety of trees; and further recommend to place on First Reading Ordinance M-11-99, AN ORDINANCE AUTHORIZING PARTICIPATION IN THE SUBURBAN TREE TREE CONSOR. (Cont'd.) PARKING RESTRICTION/ RIVER ST.: Consent Agenda Ordinance T-6-99 AGREEMENT/ AUDIT OF TELEPHONE SVS. CHGS.: Consent Agenda Resolution R-13-99 TEMPORARY CLOSING OF RIVER RD./ MARYVILLE 8-K RUN: Consent Agenda Resolution R-14-99 PURCHASE OF COMPUTER ROUTERS: 271 3/1/99 PAGE THREE CONSORTIUM; and adopt Resolution R-12-99, A RESOLUTION EXPRESSING INTENT TO PARTICIPATE IN THE SUBURBAN TREE CONSORTIUM FIVE YEAR CONTRACTUAL BID PROGRAM . Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation to amend Title X, Chapter 5 -"Stopping, Standing and Parking," Section 10-5-5 F)3.l, Schedule II, of the City Code, to add that residents of River Street are exempt from the posted 3-hour parking restriction (Monday through Friday, excluding Saturdays, Sundays , and holidays) from Des Plaines River Road to the East End; and further recommend to place on First Reading Ordinance T-6-99, AN ORDINANCE AMENDING SCHEDULE II, F)3.1 OF SECTION 10-5-5 "PARKING PROHIBITED IN DESIGNATED PLACES," OF CHAPTER 5 "STOPPING, STANDING AND PARKING ," TITLE X, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "RIVER STREET FROM DES PLAINES RIVER ROAD TO THE EAST END. " Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation to accept proposal from Thomas R. Cervelli & Associates, 906 Lacey Avenue, Suite 111, Lisle, IL 60532, to conduct a one-time audit of the City's telephone service charges with fees for the audit based upon savings to the City (no fees are paid unless there is a savings to the City) ; Mayor and City Clerk be authorized to execute necessary agreement; and further recommend to adopt Resolution R-13-99, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES , ILLINOIS , AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THOMAS R. CERVELLI AND ASSOCIATES AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation to authorize temporary closing of the right-hand southbound lane of River Road from Gregory Street to the Maryville Academy entrance, and from Hopi Lane to Kensington Road, from 10:00 a.m. to 11:30 a.m., Sunday, September 12, 1999, to permit Maryville Academy to hold their Oktoberfest 8-K Run and 2-Mile Walk; proof of insurance naming City as additional insured has been received; City Clerk be authorized to submit necessary document to Illinois Department of Transportation; and further recommend to adopt Resolution R-14-99, A RESOLUTION ACKNOWLEDGING MARYVILLE ACADEMY'S OKTOBERFEST 8-K RUN AND 2 MILE WALK, TO BE HELD ON SEPTEMBER 12, 1999, AND AUTHORIZING THE CLOSING OFF OF THE RIGHT HAND SOUTHBOUND LANE OF RIVER ROAD, FROM GREGORY STREET TO THE MARYVILLE ENTRANCE, AND THE SOUTHBOUND RIGHT HAND LANE OF RIVER ROAD, FROM HOPI LANE TO KENSINGTON , FOR THE 8-K RUN. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Higgason, to concur with Staff recommendation to accept proposal from JJC Group, Inc., 1335 Lakeside Drive, Suite 2, Romeoville, IL 60446, to purchase ten (10) computer routers (part of the wide area network connection -WAN), for the Fire Department , Public Works and Emergency Communications Center, at a cost of $10,360/Computer Replacement Fund and Emergency Communication Fund. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. FINAL PLAT/ FLORES SUBDIVIS., EASTVIEW DR. : Consent Agenda REDUCTION OF PUBLIC IMPV. SURETY/ MAPLEWOOD SUBDIVISION: Consent Agenda BID AWARD/ BRUSH CHIPPERS: Consent Agenda BID AWARD/ END LOADER ATTACHMENTS: Consent Agenda BID AWARD/ POLICE MOTORCYCLES: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda 272 3/1/99 PAGE FOUR Moved by Sarlo, seconded by Smith, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Flores Subdivision, 2338 and 2342 Eastview Drive; and Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation to grant request for reduction of public improvements surety of 85. 4%, or from $572, 516. 87 to $488, 516. 87, for Maplewood (Westfield) Chase Subdivision, Touhy Avenue and Maple Street; and petitioner amend existing Letter of Credit to $84,000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation to award bid for Three (3) 1999 Model Brush Chippers, Trailer Mounted, to the lowest bidder to meet specifications, Alexander Equipment Company, 1054 N. DuPage Avenue, Lombard, IL 60148, in the total bid amount of $89,220/1999 CERF Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation to award bid for End Loader Attachments to the lowest bidder, West Side Tractor Sales Company, 1560 N. Old Rand Road, Wauconda, IL 60084, in the total bid amount of $16,900/1999 Street Maintenance Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation to award bid for Three (3) 1999 Police Motorcycles to the single bidder, Woodstock Harley Davidson, 1401 S. Eastwood Road, Woodstock, IL 60098, in the total bid amount of $38,271/1999 CERF Fund. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 1999 Alley Improvements, returnable by 3:00 p.m., Tuesday, March 23, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 1999 Sidewalk and Curb Replacement Program, returnable by 3: 00 p. m., Tuesday, March 23, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 1999 Street and Utility Improvements, returnable by 3: 00 p. m., Tuesday, March 23, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) 1999 3/4-Ton, Heavy Duty Four-Wheel Drive Utility Truck with Front Mounted 8.5' Power Reversible Snow Plow, returnable by 3:00 p.m., Friday, March 26, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) 1999 Mini-Cargo Van for Public Works Department, returnable by 3:00 p.m., Friday, March 26, 1999. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISING FOR BIDS (Cont'd. ) ORDINANCE M-8-99 SALE OF CITY PROPERTY AT POLICE AUCTION: Consent Agenda ZONING CASE 99-01-A-CU- FPV/ 2101-27 MINER ST.: 273 3/1/99 PAGE FIVE Moved by Sarlo, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) One-Ton Heavy Duty Stake Body Truck with Plow, returnable by 3:00 p.m., Friday, March 26, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) 1999 1/2-Ton Heavy Duty Four-Wheel Drive Two-Door Blazer for Public Works Department, returnable by 3:00 p.m., Friday, March 26, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Turf Mowing Only -City Wide , returnable by 3:00 p.m., Monday, March 29, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Turf Mowing and Landscape Maintenance - Downtown Area, returnable by 3: 00 p. m., Monday, March 29, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Turf Mowing and Landscape Maintenance - Mannheim Road, returnable by 3: 00 p. m., Monday, March 29, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Turf Mowing and Landscape Maintenance - Northside, returnable by 3:00 p.m., Monday, March 29, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sarlo, seconded by Smith, to adopt Ordinance M- 8-99, AN ORDINANCE AUTHORIZING THE SALE OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. MAYOR JUNG DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE COMMUNITY DEVELOPMENT Alderman Sarlo, Chair Director of Community Development D'Onofrio reviewed his memo of February 22, 1999, regarding a request for the relocation of the existing auto dealership at Busse Road and Miner Street to a new facility at 2101-2127 Miner Street. Director D'Onofrio stated that a Map Amendment is requested to change the present zoning district from C-2 Limited Office Commercial to C-3 General Commercial; a Conditional Use is requested to allow motor vehicle sales in a C-3 District; also requested is a variation to Section 9-14-7B(g) of the City Code to permit ponding in excess of one ( 1) foot in a parking lot that is located in a floodplain; a variation to Section 9-7 of the Zoning Ordinance to permit 48 parking spaces instead of the required 106; and a variation to Section 10.8-3C 2101-27 MINER (Cont'd.) RECESS: 274 3/1/99 PAGE SIX to permit a parking lot perimeter landscape buffer of five (5) feet instead of the required seven (7) feet. Director D' Onofrio stated that both the Des Plaines Zoning Board of Appeals and the Plan Commission voted three in favor and one against these requests, but the motions failed due to the fact that four affirmative votes were needed to approve (a majority of the quorum) . Mr. Tom Burney, Schain, Frisell and Burney, 222 N. LaSalle St., Chicago, IL, addressed the Committee of the Whole, representing the petitioner, Argonaut Holding, Inc. Mr. Burney stated that General Motors has been located in Des Plaines for over 20 years; they would like to stay here; they have been looking for a new site for three (3) years; this site would offer a positive tax benefit; they are asking for the Committee's approval of their requests. Alderman Beauvais stated her concern about flooding in this area and asked City Engineer Oakley what the status is of the Prairie-Farmers Creek Project. Mr. Oakley stated that the State's Department of Natural Resources is designing this project in-house which will take approximately a year to complete with possible construction in three (3) years; no construction money has been appropriated as yet , only design money. Alderman Brookman asked what the sales tax increase would be at this new location. Mr. Burney stated 25%. Alderman Smith stated his concern about lights, noise , loading and unloading of cars. Mayor Jung asked Mr. Burney what are General Motors' plans if this request is not approved. Mr. Burney stated that they will have to find another community to move to. There were ten (10) objectors who addressed the Committee of the Whole regarding this matter: Mr. Al Herbert, 1033 Apple Creek Lane Ms. Liz Patterson, 1027 Crabtree Lane Mr. Ray Grish, 980 Crabtree Lane Ms. Irene Serwa, 1011 Crabtree Lane Mr. Dick Wilson, 2111 Nimitz Drive Mr. Greg Lietzau, 2040 Miner Street A Park Ridge resident, 830 Dee Road Ms. Sue Grish, 980 Crabtree Lane Mr. Sam Seranella, 1985 Busse Highway Father Edwin Bohula, 1011 Crabtree Lane Moved by Beauvais, seconded by Brookman, to recommend to the City Council to DENY request, re Zoning Case 99-01-A- CU-V-FPV, for a Map Amendment, Conditional Use, Variation and Flood Plain Variation to permit an automobile dealership on property located at 2101-2127 Miner Street, C-2 Limited Office Commercial District. Motion declared carried (final action on this matter under Consent Agenda on March 15, 1999). Moved by Brookman, seconded by Higgason, that there be a five (5) minute recess. Motion declared carried. Alderman Arredia voted no. The Committee of the Whole recessed at 9:10 p.m. The Committee of the Whole reconvened at 9:15 p.m. WARRANT REGISTER: PROPOSED SCULPTURE PARK/KEEP DES PLAINES BEAUTIFUL: AMENDMENT/ SPECIAL FLOOD HAZARD AREAS: Ordinance M-12-99 EXEMPTING 409 RIVER RD. FROM SPECIAL FLOOD HAZARD AREAS: 275 3/1/99 PAGE SEVEN FINANCE &: ADMINISTRATION -Alderman Christiansen, Chair Moved by Arredia, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council approval of March 1, 1999 -Warrant Register in the amount of $1,767,083.84, which includes $1,098.11 in expenditures to Horne Depot; and further recommend that Resolution R-15-99 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving the $1,098.11 in expenditures to Horne Depot conflict of interest, and Alderman Christiansen abstained on approving Voucher #09202 in the amount of $14.59 -conflict of interest. COMMUNITY SERVICES Alderman Smith, Vice Chair Keep Des Plaines Beautiful Coordinator Pamela Rosinia reviewed her memo of February 19, 1999, which states that the Keep Des Plaines Beautiful Commission recommends that the City Council approve the concept to create a Sculpture Park; art would be provided for exhibition at no cost, either as a loan or a gift, and program implementation cost is expected to be minimal. Mrs. Gloria Keane, 2 04 8 Webster Lane, addressed the Committee of the Whole stating her strong support for this program. Mr. Dion Kenrick, 943 Webster Lane, addressed the Committee of the Whole stating that this was a great idea but it should be totally volunteer funding; no government funding should be used. Moved by Elstner, seconded by Higgason, to recommend to the City Council to grant Keep Des Plaines Beautiful Commission's request that the City approve the concept of creating a Sculpture Park. Motion declared carried (final action on this matter under Consent Agenda on March 15, 1999). MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Beauvais, seconded by Arredia, to concur with recommendation of Committee of the Whole held February 16, 1999, that language in Section 9-14-1 -"Regulations for Development in Special Flood Hazard Areas" of the City Code be clarified regarding one-for-one replacement of existing structures in the floodway and the floodplain without going through a variation process; and further recommend to place on First Reading Ordinance M-12-99, AN ORDINANCE AMENDING SECTION 9-14-7 "OCCUPATION AND USE OF IDENTIFIED FLOODWAYS" AND CLARIFYING REPAIR AND REPLACEMENT OF STRUCTURES IN THE FLOODWAY. Motion declared carried (ordinance was adopted later in the meeting) . Moved by Beauvais, seconded by Brookman, that 409 River Road be exempted from Section 9-14-1 -"Regulations for Development in Special Flood Hazard Areas" and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Smith voted no. (further action on this matter under Unfinished Business on March 15, 1999) ORDINANCE Z-2-99 TEXT AMEND./ SINGLE NONCONFORMING LOTS: WARRANT REGISTER: Resolution R-15-99 276 3/1/99 PAGE EIGHT A discussion was held on some language clarification in the proposed Ordinance Z-2-99 and it was agreed that it should read: "When lots are undeveloped, and prior to the approval of building permits, the permit applicant needs to present the plans for the construction to the City Council. The City Council shall set a time for the public to comment on the plans prior to approval by the City. The property owners within 250 feet of the subject lot of record shall be notified by mail and the property posted." Moved by Beauvais, seconded by Arredia, to place on First Reading Ordinance Z-2-99 -AS AMENDED/ AN ORDINANCE AMENDING THE CITY OF DES PLAINES ZONING ORDINANCE, ARTICLE 5.4 "NONCONFORMING LOTS," TO ADD THERETO A NEW SECTION 5.4-1 ON SINGLE NONCONFORMING LOTS OF RECORD. Moved by Beauvais, seconded by Brookman, to call for the question. Upon roll call, the vote was: AYES: 2-Brookman, Arredia NAYS: 6-Beauvais, Christiansen, Elstner, Higgason, Sarlo, Smith ABSENT: 0-None Motion declared failed. Moved by Elstner, seconded by Christiansen, to suspend the rules to permit public input on this matter. Motion declared carried. Aldermen Brookman and Arredia voted no. Mr. Ted Sherwood, 675 Pearson Street, addressed the City Council stating that he feels this is a conflict of interest for Alderman Brookman; he doesn't understand how the legal opinions were arrived at; it should have been handled differently; this is a blatant conflict of interest; the City is not being served well. Mr. Vince Powers, 862 Webster Lane, addressed the City Council stating that there was no conflict of interest when Alderman Brookman voted on this matter; Mr. Sherwood is not an authority on the law; this has turned into a political vendetta against Alderman Brookman. Mr. Dion Kenrick, 943 Webster Lane, addressed the City Council stating that there is a problem with conflict of interest; this only became an issue because an alderman has a relative who has an interest in one of these lots; she should recuse herself. A resident at 160 N. River Road addressed the City Council stating that he is becoming very frustrated by the non-issue of conflict of interest in this matter; it does not exist; there have been legal opinions to that fact; he is in favor of this amendment. Mrs. Gloria Keane, 2048 Webster Lane, addressed the City Council stating that if she was on the Council she would not have voted; this could have been handled in a better way; but let's all work together. Upon roll call on the original motion, the vote was: AYES: 5-Beauvais, Christiansen, Elstner, Higgason, Sarlo NAYS: 3-Brookman, Smith, Arredia ABSENT: 0-None Motion declared carried. Mayor Jung requested that the record also show his support of this motion. Moved by Christiansen, seconded by Higgason, to concur with recommendation of Committee of the Whole to adopt Resolution R-15-99, 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:C/"" WARRANT (Cont'd. ) ORDINANCE T-6-99 PARKING RESTRICTION/ RIVER ST.: ORDINANCE M-12-99 AMENDMENT/ FLOOD HAZARD AREAS: DONATION/ YMCA SCHOLARSHIP PROGRAM: RESOLUTION/ RECONSTRUC. OF RIVER ROAD: EXECUTIVE SESSION: PURCHASE OF LIBRARY: Resolution R-16-99 277 3/1/99 PAGE NINE $1,767,083.84, which includes $1,098.11 in expenditures to Home Depot. Upon roll call, the vote was : AYES: 8-Beauvais, Christiansen , Elstner, Higgason, Brookman, Sarlo, Smith , Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried (Alderman Elstner abstained on approving the $1,098.11 in expenditures to Home Depot - conflict of interest, and Alderman Christiansen abstained on approving Voucher #09202 in the amount of $14.59 - conflict of interest) . Moved by Beauvais, seconded by Arredia, to advance to Second Reading and adopt Ordinance T-6-99, AN ORDINANCE AMENDING SCHEDULE II, F)3.l OF SECTION 10-5-5 "PARKING PROHIBITED IN DESIGNATED PLACES I II OF CHAPTER 5 II STOPPING I STANDING AND PARKING," TITLE X, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "RIVER STREET FROM DES PLAINES RIVER ROAD TO THE EAST END." Upon roll call , the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Higgason , Brookman, Sarlo, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried . Moved by Beauvais, seconded by Higgason, to advance to Second Reading and adopt Ordinance M-12-99, AN ORDINANCE AMENDING SECTION 9-14-7 "OCCUPATION AND USE OF IDENTIFIED FLOODWAYS" AND CLARIFYING REPAIR AND REPLACEMENT OF STRUCTURES IN THE FLOODWAY. Upon roll call , the vote was: AYES: 8-Beauvais, Christiansen, Elstner , Higgason , Brookman, Sarlo , Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. At the request of Alderman Christiansen, Mayor Jung referred the matter of the City making a donation to the Lat tof YMCA, 3 o o Northwest Highway, Des Plaines, for their Scholarship Program, to Staff for review and report. At the request of Alderman Sarlo, Mayor Jung directed the Staff to prepare a resolution to be sent to the City's State legislators urging their support for the immediate reconstruction of River Road from Devon Avenue to Golf Road (further action on this matter under Consent Agenda on March 15, 1999). Moved by Elstner, seconded by Smith, to go into Executive Session to discuss acquisition of property and personnel . Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 1-Beauvais ABSENT: 0-None Motion declared carried. The City Council recessed at 10:45 p.m. The City Council reconvened at 11:04 p.m. Roll call indicated the following aldermen present : Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. Moved by Sarlo, seconded by Arredia, to concur with consensus in Executive Session that the City purchase the Des Plaines Public Library and adjacent property, at 841 Graceland Avenue, for $1. 8 million; and further recommend to adopt Resolution R-16-99, A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER OF THE CITY OF DES PLAINES TO ~ LIBRARY (Cont'd.) SALARY ADJUSTMENTS/ NON-UNION FIRE & POLICE: ADJOURNMENT: 278 3/1/99 PAGE TEN NEGOTIATE A CONTRACT FOR THE PURCHASE OF THE DES PLAINES PUBLIC LIBRARY AND ADJACENT PROPERTY FOR ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS AND A FINDING THAT THE PURCHASE PRICE REFLECTS THE TRUE VALUE OF THE LIBRARY. Upon roll call, the vote was: AYES: 7-Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. Mayor Jung requested that the record indicate his support of this motion. Moved by Higgason, seconded by Brookman, to concur with consensus in Executive Session that the City Manager be authorized to adjust the salaries of non-union fire and police positions to the salaries recommended by The Par Group study (approved by Ordinance M-98-98); such salary adjustment shall be effective May 1, ~ rather than on the individuals' anniversary date. Upon~oll call, the vote was: AYES: 7-Christiansen, Elstn~r, Higgas<?n, \ q 19 Brookman, Sarlo, Smith, Arredla a,f)bt~ NAYS: 0-None ~/'/ ABSENT: 1-Beauvais Motion declared carried. Mayor Jung requested that the record indicate his support of this motion. Moved by Christiansen, seconded by Smith, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:06 p.m. CITY CLERK APPROVED BY ME THIS