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07/21/1997MINUTES 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, JULY 21, 1997 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, July 21, 1997. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. Also present were: City Manager Douthwaite, Assistant to the City Manager Carter, Director of Finance & Administrative Services Egeberg, Police Chief Sturlini, Public Works Director Shirley, City Engineer Oakley, Community Development Director D'Onofrio, Director of Human Resources and Services Merriman and City Attorney Wiltse. Fire Chief Farinella arrived at 8:00 p.m. PRAYER AND The opening prayer was given by Pastor Charles L. Reid, PLEDGE: United Pentecostal Church of Des Plaines, followed by the Pledge of Allegiance to the Flag. CITIZEN Ms. Wendy Cordes, 431A N. Fourth Avenue, addressed the COMMENTS: City Council regarding the Tiffany Irwin Scholarship Fundraiser that will be held Saturday, August 16, 1997, at Maryville Academy from 11:30 a.m. until 7:00 p.m. Ms. Cordes stated that 17 -year old Tiffany was killed on May 24, 1997 in a car accident involving a drunk driver. The scholarship fund will help to send a student to college in Tiffany's honor. Everyone is urged to attend this worthwhile community event. Mr. Mike Bronk, 1921 Webster Lane, addressed the City, Council stating his opposition to the Building Code violation fines as proposed in Ordinance M- 50 -97; and he also stated his opposition to the Parking Fine amendments as proposed in Ordinance M- 51 -97. CONSENT Alderman Brookman requested that Items 2, 3, 3a, 5 and AGENDA: 5a be removed from the Consent Agenda. Alderman Beauvais requested that Items 6 and 6a be removed, and City Clerk McAllister requested that Items 9 and 9a be removed. Moved by Higgason, seconded by Arredia, to establish a Consent Agenda except for Items 2, 3, 3a, 5, 5a, 6, 6a, 9, and 9a. Motion declared carried. Moved by Higgason, seconded by Beauvais, 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. The minutes were approved; Staff recommendations and requests were approved; Ordinance M -46 -97 was adopted; Ordinances M -53 -97 and M -54 -97 were placed on First Reading; and Resolutions R -33 -97 and R -34 -97 were adopted. MINUTES: Moved by Higgason, seconded by Beauvais, to approve the Consent minutes of regular meeting of the City Council held July Agenda 7, 1997, as published. Motion declared carried as approved unanimously under Consent Agenda. PAGE TWO 204. 7/21/97 EXECUTIVE Alderman Brookman requested that the minutes of the SESSION Executive Session of the City Council meeting of July 7, MINUTES: 1997 be held for discussion in Executive Session later this evening. BUILDING Moved by Brookman, seconded by Beauvais, to amend the CODE recommendation of the Committee of the Whole held June VIOLATION 30, 1997, regarding Building Code Violation Fines, to FINES: establish a fine of double the permit fee for constructing a driveway without a permit and there be a Ordinance limit of $1,000 for any fine. Motion declared failed. M -50 -97 Moved by Smith, seconded by Arredia, to amend the recommendation of the Committee of the Whole held June 30, 1997, to not add the normal permit fee to the minimum penalty of $100 for doing work without a permit; but concur that penalty for driveway and parking pads be established at $500 plus the normal permit fee; in the case where the permit fee exceeds the $100, a double permit fee shall be imposed; Staff be authorized to administer said penalties; and further recommend to place on First Reading Ordinance M -50 -97 - AS AMENDED, AN ORDINANCE AMENDING SECTION 4 -4 -5 "DOUBLE FEE," OF CHAPTER 4 "BUILDING PERMITS," TITLE IV "BUILDING REGULATIONS," OF THE CITY CODE OF DES PLAINES. Motion declared carried. Alderman Brookman voted no. 1996 BOCA Moved by Higgason, seconded by Beauvais, to concur with CODE: recommendation of the Committee of the Whole held June Consent 30, 1997, to give conceptual approval for the adoption Agenda of the 1996 BOCA Code Series; Staff be authorized to begin its review and report back to the City Council in the fall of this year with the Code and recommended amendments. Motion declared carried as approved unanimously under Consent Agenda. PARKING Moved by Brookman, seconded by Arredia, to amend the FINE recommendation of the Committee of the Whole held June AMENDMENTS: 30, 1997, regarding Parking Fine Amendments, that $3, $5, and $10 parking fines be increased to $15 (instead of Ordinance $20), and delinquent notice fines be adjusted M -51 -97 accordingly. Motion declared failed. Moved by Beauvais, seconded by Elstner, to concur with recommendation of the Committee of the Whole held June 30, 1997, to approve the following parking fine amendments: - -all $3, $5, and $10 fines be increased to $20; $25 for 3 Week Delinquent Notice; and $30 for 2 Week Final Notice; - - penalty for trains blocking streets for more than five (5) minutes be increased to $500; $600 for 3 Week Delinquent Notice; and $700 for 2 Week Final Notice; - - penalty for parking in a handicap space be increased to $200; - - penalty for parking on a snow route during snow removal operations, parking on a snow route after 2" snowfall, and parking during snow removal after being notified, be increased to $20; $25 for 3 Week Delinquent Notice; and $30 for 2 Week Final Notice; -- penalty for overtime 1, 2, 3 hour limit remain as is and STAC be authorized to review eliminating all 1 hour parking in the downtown area; - -all other parking fines remain the same; and further recommend to place on First Reading Ordinance M- 51 -97. Motion declared carried. Alderman Brookman voted no. Moved by Beauvais, seconded by Higgason, to advance to Second Reading and adopt Ordinance M- 51 -97, AN ORDINANCE AMENDING SECTION 10 -5 -28 "CODE VIOLATION FINES" OF CHAPTER 5 "STOPPING, STANDING AND PARKING," TITLE X OF PARK. FINES (Cont'd) RECLASSIFI. OF CLERK POSITIONS: Ordinance M -52 -97 LICENSE AGREEMENT/ 1354 JEANNETTE: Consent Agenda Ordinance M -53 -97 DECREASE CLASS G LIQ. LIC./ 1730 S. ELMHURST: Consent Agenda Ordinance M -54 -97 TAX ABATE./ 1700 S. MT.PROSPECT: Consent Agenda Resolution R- 32 - D.P. RIVER - RAND PARK FLOOD CONTROL PROJ. SPONSORSHIP AGREEMENT: Consent Agenda Resolution R -33 -97 PAGE THREE 205. 7/21/97 THE CITY CODE OF DES PLAINES, CONCERNING TRAFFIC AND TRAFFIC VIOLATION FINES. 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 Sarlo, that the matter of reclassification of the "Utilities /Payroll Clerk" to "Utilities Clerk" and "Intermediate Clerk /Business Registration" to "Business Registration /Payroll Clerk" be held for discussion in Executive Session later this evening. Motion declared carried. Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation to grant request to permit installation of a driveway approach constructed out of brick pavers in City -owned parkway adjacent to property located at 1354 Jeannette Street; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M- 53-97. Motion declared carried as approved unanimously under Consent Agenda. Moved by Arredia, seconded by Elstner, to advance to Second Reading and adopt Ordinance M- 53 -97, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY LICENSE AGREEMENT WITH RONALD LUNETTO, FOR THE INSTALLATION OF A DRIVEWAY APPROACH CONSTRUCTED OF BRICK PAVERS IN THE CITY OWNED PUBLIC RIGHT -OF -WAY IN FRONT OF 1354 JEANNETTE STREET, DES PLAINES, ILLINOIS. 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 Higgason, seconded by Beauvais, to concur with Staff recommendation to amend Title V, Chapter 34 - "Intoxicating Liquors" to decrease Class G liquor licenses by one (1) for property located at 1730 S. Elmhurst Road, d /b /a Savoy Banquets; and further recommend to place on First Reading Ordinance M- 54 -97, AN ORDINANCE AMENDING SECTION 5 -34 -18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO DECREASE THE TOTAL NUMBER OF CLASS G LICENSES BY ONE. Motion declared carried as approved unanimously under Consent Agenda. City Clerk McAllister announced that the proposed tax abatement for 1700 S. Mt. Prospect Road, d /b /a Institute of Gas Technology, is being held until the next City Council meeting on August 4, 1997; Director of Economic Development Klaus is out-of-town. Moved by Higgason, seconded by Beauvais, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Sponsorship Agreement between the City, City of Park Ridge and the Illinois Department of Natural Resources /Office of Water Resources (IDNR /OWR), for the Des Plaines River -Rand Park Flood Control Project, which will include the construction of a floodwall, a berm, pumping station and flap gate to prevent the Des Plaines River from backing -up into the Farmers and Prairie Creeks' watershed causing flood damage; cost to be shared as follows: IDNR /OWR - $4,500, 000; City of Park Ridge - $262,500; and the City's share of $487,500 (annual expenditure of $162,500 from R -33 -97 (Cont'd.) PAGE FOUR 206. 7/21/97 the General Improvement Fund for years 1999, 2000 and 2001, which is part of the 5 -Year Capital Improvement Program); void Sponsorship Agreement for the Farmers/ Prairie Creeks Flood Control Project approved by the City Council on February 21, 1995; and further recommend to adopt Resolution R- 33 -97, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF A SPONSORSHIP AGREEMENT BETWEEN THE CITIES OF DES PLAINES AND PARK RIDGE AND THE STATE OF ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR THE DES PLAINES RIVER /RAND PARK FLOOD CONTROL PROJECT (a.k.a FARMERS/ PRAIRIE CREEKS FLOOD CONTROL PROJECT). Motion declared carried as approved unanimously under Consent Agenda. 1998 KEEP Moved by Higgason, seconded by Beauvais, to concur with ILLINOIS Staff recommendation to authorize submission of an BEAUTIFUL application to Illinois Lieutenant Governor's Office for GRANT matching grant funding through the "Keep Illinois APPLICATION: Beautiful Program" in the amount of $6,000 with City Consent matching funds in the amount of $6,000/1998 Budget; funds Agenda to provide information to all Des Plaines households about curbside collections by Waste Management- Northwest, Resolution and branch, leaf and Christmas Tree recycling collections R - 34 - 97 by the City's Public Works Department; Mayor and City Clerk be authorized to execute necessary documents; and further recommend to adopt Resolution R- 34 -97, A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF ILLINOIS LIEUTENANT GOVERNOR'S OFFICE FOR GRANT FUNDING AVAILABLE THROUGH THE "KEEP ILLINOIS BEAUTIFUL PROGRAM," AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENTS AS ARE NECESSARY TO CAUSE SAID APPLICATION TO BE CONSIDERED. Motion declared carried as approved unanimously under Consent Agenda. FENCE Moved by Higgason, seconded by Beauvais, to concur with VARIATION/ Staff recommendation to grant request for an "after -the- 1795 fact" Variation to Section 6 -7 -1 of the City Code for SYCAMORE: property located at 1795 Sycamore Street, to permit Consent replacement of a chain -link fence with a 6' high wood Agenda fence along the secondary front yard on Everett Avenue (Code requires front yard fences to not exceed 3 -1/2' in height and be at least 50% open); and further recommend a double permit fee in the amount of $56 be assessed for petitioner starting work without the required fence permit or variation. Motion declared carried as approved unanimously under Consent Agenda. PATIO Moved by Higgason, seconded by Beauvais, to concur with VARIATION/ Staff recommendation to grant request for Variation to 359 S. Section 515.0 of the Building Code to permit WARRINGTON: reconstruction of a patio 32' x 14' with a total area of Consent 448 sq. ft. (Code permits patios to be 344 sq. ft. in Agenda area), on property located at 359 S. Warrington Road. Motion declared carried as approved unanimously under Consent Agenda. REJECT BID/ Moved by Higgason, seconded by Beauvais, to concur with TUCKPOINT. & Staff recommendation to reject all bids received on June CAULKING: 20, 1997 for Tuckpointing and Caulking Work for Maple Consent Street Pumping Station because of insufficient budgeting, Agenda and this work be re -bid in 1998. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISING Moved by Higgason, seconded by Beauvais, to concur with FOR BIDS: Staff recommendation that City Clerk be authorized to Consent advertise for bids for Demolition of Des Plaines Mall Agenda Building, returnable by 10:00 a.m. to Plaines Town Center, L.L.C., 350 W. Hubbard, Suite 301, Chicago, IL 60610, on Friday, August 8, 1997. Motion declared carried as approved unanimously under Consent Agenda. PAGE FIVE 207. 7/21/97 ORDINANCE Moved by Higgason, seconded by Beauvais, to adopt M -46 -97 Ordinance M- 46 -97, '. AN ORDINANCE AMENDING SCHEDULE VII SALARY ORD. "TELE- COMMUNICATION OPERATORS GROUP" OF SECTION 1 -15 -4 AMENDMENT/ "CLASSIFICATION PLAN TO THE CITY SERVICE," OF CHAPTER 15, 9 -1 -1: TITLE I, OF THE CITY CODE OF DES PLAINES, TO REFLECT A Consent 3.5% INCREASE EFFECTIVE MAY 1, 1997 TO APRIL 30, 1998, Agenda AND A 3.5% INCREASE EFFECTIVE MAY 1, 1998 TO APRIL 30, 1999. Motion declared carried as approved unanimously under Consent Agenda. Mayor Paul W. Jung declared that the City Council was now resolved into a Committee of the Whole FINANCE & ADMINISTRATION - Alderman Christiansen, Chair WARRANT Moved by Arredia, seconded by Sarlo, to concur with Staff REGISTER: recommendation and recommend to the City Council approval of July 21, 1997 Warrant Register, in the amount of $2,237,850.94 plus $949.43 in expenditures to Home Depot; and further recommend that Resolution R -35 -97 be adopted at appropriate time this evening. Motion declared carried. Alderman Elstner abstained on approving the $949.43 in expenditures to Home Depot (conflict of interest). EARLY City Manager Douthwaite reviewed the City's proposed RETIREMENT Early Retirement Program which would give retiring PROGRAM & employees five (5) years of health insurance. IMRF 5 +5 Approximately 40 employees have expressed interest in RETIREMENT this program, which would result in a savings to the City PROGRAM: of more than $828,000 in five (5) years ($165,000 annually). City Manager Douthwaite also reviewed the IMRF 5 +5 Program, which would also be .a definite savings for the City by retiring an individual at the top of the pay range and hiring someone at the lower entry level. Alderman Beauvais asked if the amount saved in the City's Early Retirement Program included overtime costs. City Manager Douthwaite said yes. Alderman Beauvais asked if the City would offer both programs, or one or the other. City Manager Douthwaite said both programs would be offered at the same time. Alderman Smith asked if this was a one -time offer. City Manager Douthwaite stated that an early retirement program was offered in 1994 and if this one was approved, another one could be offered in the future. Alderman Arredia asked if services would decline. City Manager Douthwaite no; departures would be staggered. Moved by Beauvais, seconded by Brookman, to recommend to the City Council that City implement an Early Retirement Program, effective August 4, 1997 to December 31, 1998, that would give retiring employees five (5) years of health insurance; further recommend that City adopt the IMRF Early Retirement Incentive Program (5 +5) to be offered for one (1) year beginning January 1, 1998; and City Attorney be authorized to prepared necessary resolutions. Motion declared carried. LEGAL & LICENSING - Alderman Beauvais, Chair PROPOSED City Manager Douthwaite stated that as directed by the FRANCHISE City Council, the Staff has met with Ameritech New Media AGREEMENT/ in order to negotiate the terms in which competitive AMERITECH: cable service might be provided to the residents of Des PAGE SIX 208. 7/21/97 AMERITECH Plaines; the City's proposal being presented this evening (Cont'd.) is nearly identical to the agreement reached between Arlington Heights and Ameritech. Alderman Arredia stated that he had a problem getting through the contract and understanding it; why was the Des Plaines Cable Commission not included in the discussions; they should have been part of the process. City Manager Douthwaite stated that there appeared to be some urgency because Ameritech is taking communities on a first come, first served basis. Regarding P.E.G. access channels, Mr. Douthwaite stated that Ameritech said they will not offer more than four (4) P.E.G. channels; the Staff believes that the reduction of eight (8) to four (4) P.E.G. channels can be accommodated; it is not an unreasonable action to take. Alderman Brookman stated that it would be a mistake to reduce the P.E.G. access channels from eight (8) to four (4); this matter should go back to the Cable Commission for review. Alderman Brookman requested that City Attorney Wiltse review Section 19.10 of the contract. Alderman Higgason stated that the Cable Commission should take a look at this contract. Alderman Elstner stated that Ameritech should sit down with the Cable Commission and then get back to the City Council. Mayor Jung questioned whether the City would be wasting its time meeting on this matter since Ameritech has said that keeping eight (8) P.E.G. access channels would be a "deal breaker." Ameritech's Manager - Public Affairs Jim Szczepaniak stated that Ameritech is not going to come back with a different answer. City Manager Douthwaite stated that if the four (4) channels are important, we should stop wasting people's time. A majority of the aldermen indicated that they would consider accepting four (94) P.E.G. access channels plus the automatic addition of a fifth channel when digital technology becomes available. Moved by Beauvais, seconded by Brookman, to recommend to the City Council that the matter of the proposed Ameritech New Media Cable Television Franchise Agreement be deferred until September 15, 1997, so that there would be an opportunity for Ameritech to meet with the Des Plaines Cable Commission for their input. (no vote is taken on a deferred motion) Mayor Paul W. Jung assumed the chair, and declared the City Council back in session. MONITORING Moved by Christiansen, seconded by Arredia, to concur OF GAS with recommendation of Committee of the Whole held July PUMPS: 14, 1997, to not reestablish the City's Gas Pump Inspection Program which is now done annually by the Illinois State Department of Agriculture, but further recommend that residents be notified through the City's quarterly News Digest who to contact at the State when they experience a violation. Alderman Brookman stated that she feels strongly that the City should re- implement the inspection of commercial gas pumps and that she will bring this matter up again during the budget hearings. DYt GAS PUMPS (Cont'd.) PAGE SEVEN 209. 7/21/97 Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Sarlo, Smith, Arredia NAYS: 1- Brookman ABSENT: 0 -None Motion declared carried. STORE Moved by Christiansen, seconded by Elstner, to concur SCANNERS: with recommendation of Committee of the Whole held July 14, 1997, that Section 5 -3 -9 - "Pricing of Merchandise in Retail Food Stores" be retained except that all references to a log book of shelf marking errors be deleted and City Attorney be authorized to draft necessary ordinance; and further recommend that residents be notified through the City's quarterly News Digest who to contact at the City when they have experienced scanner errors in food stores. Both Alderman Brookman and Alderman Smith stated that there should be monitoring of all store scanners, not just for food. Upon roll call on the motion, the vote was: AYES: 5- Beauvais, Christiansen, Elstner, Higgason, Sarlo NAYS: 3- Brookman, Smith, Arredia ABSENT: 0 -None Motion declared carried. WARRANT Moved by Christiansen, seconded by Arredia, to concur REGISTER: with recommendation of Committee of the Whole to adopt Resolution R- 35 -97, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R - 35 - 97 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,237,850.94 plus $949.43 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 ABSTAIN: (Alderman Elstner abstained on approving the $949.43 in expenditures to Home Depot (conflict of interest). Motion declared carried. EARLY Moved by Christiansen, seconded by Elstner, to concur RETIREMENT with recommendation of Committee of the Whole that City PROGRAM & implement an Early Retirement Program, effective August IMRF 5 +5 4, 1997 to December 31, 1998, that would give retiring RETIREMENT employees five (5) years of health insurance; further PROGRAM: recommend that City adopt the IMRF Early Retirement Incentive Program (5 +5) to be offered for one (1) year beginning January 1, 1998; and City Attorney be authorized to prepare necessary resolutions. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSTAIN:0 -None Motion declared carried. PROPOSED Moved by Beauvais, seconded by Sarlo, to concur with FRANCHISE recommendation of Committee of the Whole that the matter AGREEMENT/ of the proposed Ameritech New Media Cable Television AMERITECH: Franchise Agreement be deferred until September 15, 1997, so that there would be an opportunity for Ameritech to meet with the Des Plaines Cable Commission for their input. Motion declared carried PAGE EIGHT 7/21/97 SINGLE BID/ Moved by Christiansen, seconded by Beauvais, that City TRANSOM Clerk be authorized to open single bid received on WINDOWS: Friday, July 11, 1997, for Furnishing and Installing Three (3) New Transom Windows for Finance Department. Motion declared carried. The City Clerk announced that the single bid was received from Des Plaines Glass Company, 1374 Northwest Highway, Des Plaines, IL 60016, in the total bid amount of $7,500. Mayor Jung referred the bid to Staff for review and report. PETITIONS/ Mayor Jung referred petitions received in the City RIVERVIEW & Clerk's Office on July 8, 1997, requesting a traffic ELM: control survey for the intersection at Riverview Avenue and Elm Street to Staff for review and report. REPORT /CITY Alderman Arredia reviewed the final report (in file) of LIAISON AD the City Liaison Ad Hoc Committee, formed on January 20, HOC COMM.: 1997, to meet with representatives of all five (5) City unions, to talk about some of the stumbling blocks that have stood in the way of past negotiating efforts, and try to work out common ground that would benefit all. EXECUTIVE Moved by Higgason, seconded by Sarlo, to go into SESSION: Executive Session to discuss personnel, labor negotiations, review of Executive Session minutes of July 7, 1997, and pending litigation. 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. City Council recessed at 8:55 p.m. City Council reconvened at 10:21 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia. EXECUTIVE Moved by Beauvais, seconded by Christiansen, to approve SESSION minutes of the Executive Session of the City Council held MINUTES: July 7, 1997, as amended in Executive Session. Motion declared carried. RECLASSIFI. Moved by Beauvais, seconded by Christiansen, to concur OF CLERK with Staff recommendation to amend Title I, Chapter 15, POSITIONS: Section 1 -15 -4, Schedule III - "Clerical, Accounting and Miscellaneous Group" to reclassify the position of Ordinance "Utilities /Payroll Clerk" to "Utilities Clerk" and M -52 -97 "Intermediate Clerk /Business Registration" to "Business Registration /Payroll Clerk;" and modify the two (2) job descriptions to eliminate the backup payroll function from the Utilities Clerk's description and add that function to the Business Registration Clerk's description; there is no budgetary impact resulting from these modifications; and further recommend to place on First Reading Ordinance M- 52 -97. Motion declared carried. Moved by Christiansen, seconded by Elstner, to advance to Second Reading and adopt Ordinance M- 52 -97, AN ORDINANCE AMENDING SCHEDULE III "CLERICAL, ACCOUNTING AND MISCELLANEOUS GROUP, EFFECTIVE MAY 1, 1997 TO APRIL 30, 1998," AND SCHEDULE III "CLERICAL, ACCOUNTING AND MISCELLANEOUS GROUP, EFFECTIVE MAY 1, 1998 TO APRIL 30, 1999," OF SECTION 1 -15 -4 "CLASSIFICATION PLAN TO THE CITY SERVICE," CHAPTER 15, TITLE I OF THE CITY CODE OF DES PLAINES, TO RECLASSIFY THE POSITIONS OF "UTILITIES/ PAYROLL CLERK" TO "UTILITIES CLERK" AND "INTERMEDIATE 1 1 1 M -52 -97 (Cont'd.) APPROVED BY ME THIS 4 1I PAGE NINE 211. 7/21/97 CLERK /BUSINESS REGISTRATION" TO "BUSINESS REGISTRATION/ PAYROLL CLERK." 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. PENDING Moved by Beauvais, seconded by Sarlo, to accept the LITIGATION/ sixteen new settlement parameters as offered by Mr. Nat CAPUTO V. Caputo in his attorney's (Louis Capozzoli) letter of July CITY: 10, 1997, regarding a special use permit to construct a parking lot on the residential lot located at 1637 Webster Lane, immediately south of Caputo & Sons Produce Store. Upon roll call, the vote was: AYES: 5- Beauvais, Elstner, Sarlo, Smith, Jung NAYS: 4- Christiansen, Higgason, Brookman, Arredia ABSENT: 0 -None Motion declared carried. ADJOURNMENT: Moved by Christiansen, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:28 p.m. Donna McAllister, CMC /AAE - CITY CLERK