02/05/2008 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 2/5/2008 Americans With Disabilities Act had good intentions, but it's gone too far. It's costing small businesses a lot of money. He noted parking spaces are on private property. He feels that, instead of supporting ADA, Council might have taken the opportunity to say the ADA has problems and instead of cashing in on it, the fees should not have been increased. Law Director Dubelko said the genesis of that legislation was really to keep the spots open for the people that truly need them, for the disabled. It wasn't to cash in more money. The state law requires that, when we set aside these parking spaces, that we give notice on a sign as to what the potential range of fines is. That is supposed to deter people from .violating those spaces. That's the main purpose behind it. We could have certainly stated the state code section and the money would have gone down to the state. If there is going to be a fine, then it should stay local to deal with issues that help our citizens as our fines go to help senior citizens. LEGISLATION Resolution No 2007-157 introduced by Mayor O'Grady was given its third reading. A resolution extending and amending the city's consulting engineering contract with Richard L. Bowen & Associates, Inc., which, inter alia, provides for the renewal of the appointment of Daniel J. Collins to be City Engineer and for the appointment of Pietro A. DiFranco to be Assistant City Engineer, and declaring an emergency, as amended. Councilman Gareau moved for adoption, and the motion was seconded by Councilman Barker. Roll call: Gareau, yes; Barker, yes, with comment that, in discussion with the Service Director this afternoon, the Mayor this evening, his vote is yes. Roll call continued: Kearney, no; Jones, yes; Orlowski, no; Mahoney, yes; Ryan, no. The motion passed with four yes votes and three no votes. Mayor O'Grady asked Council to reconsider the vote as it passed 4-3 which means the emergency clause does not go into effect without 5 yes votes. This is a critical time in engineering now in order to insure that we are ready for the spring construction season. Waiting another 30 days could mean some projects would not be done this year. Believing the vote had not been announced, Councilman Ryan said he would switch his vote. President Kennedy noted the vote had been announced; therefore, Councilman Ryan made a motion to reconsider the vote on Resolution 2007-157. The motion to reconsider was seconded by Councilman Gareau. Roll call: Ryan, yes; Gareau, yes; Jones, yes.; Kearney, yes; Mahoney, yes; Orlowski, yes; Barker, yes, with the same comments on the previous vote. The motion to reconsider passed unanimously. Councilman Gareau made a motion to adopt, and the motion was seconded by Councilman Ryan. Roll call: Gareau, yes; Ryan, yes, with comment that he certainly does not want to put the administration in that kind of dilemma. Our streets are much too critical. He apologizes as he didn't realize the dilemma and should have contacted the Mayor. What he is really upset with is legislation that is coming up. That will be addressed separately. Roli call continued: Mahoney, yes; Orlowski, no; Jones, yes; Barker, yes; Kearney, no. The motion passed with five yes votes and two no votes. Resolution No. 2007-157 adopted. Ordinance No. 2007-68 introduced by Mayor O'Grady was given its third reading. An ordinance creating new Chapter 112 of the Administrative Code entitled "Personal Service Contracts," in order to establish new procedures for soliciting qualifications and 8