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08/04/1997MINUTES 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, AUGUST 4, 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, August 4, 1997. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Brookman, Sarlo, Smith, Arredia. Alderman Higgason was absent. Also present were: City Manager Douthwaite, Director of Finance & Administrative Services Egeberg, Police Chief Sturlini, Fire Chief Farinella, 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 PLEDGE: PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL CDBG ACTION CHAMBERS, DES PLAINES CIVIC CENTER, PLAN AND MONDAY, AUGUST 4, 1997 BUDGET: CALL TO ORDER: The opening prayer was given by Pastor Phillip Sheets, First United Methodist Church of Des Plaines, followed by the Pledge of Allegiance to the Flag. Mayor Jung called the Public Hearing to order at 7:07 p.m. The Public Hearing was held pursuant to legal notice to give citizens the opportunity to comment on the proposed Housing and Community Development Action Plan for Community Development Block Grant (CDBG) Program Year 1997 (October 1, 1997 - September 30, 1998), which includes the budget for the $319,000 in CDBG funds plus the second and final Ellinwood reimbursement of $236,250 from the City's General Fund, for a total amount of $555,250. DISCUSSION: City's Community Development Coordinator, Ruth Broder, gave a breakdown of the use of these funds and how they will address the needs within our community. Mr. Wayne Serbin, 835 Pearson Street, asked what percent of Des Plaines residents would qualify for the Housing Rehabilitation Program. Ms. Broder said 20 -25 %. There was no further public comment. No written comment had been received by the City Clerk prior to the Public Hearing. The Public Hearing adjourned at 7:13 p.m. The City Council reconvened at 7:14 p.m. CONSENT Alderman Brookman requested that Items 2 and 24 be AGENDA: removed from the Consent Agenda. Alderman Arredia requested that Items 4, 5, 6, and 23 be removed. Moved by Elstner, seconded by Beauvais, to establish a Consent Agenda except for Items 2, 4, 5, 6, 23, and 24. Motion declared carried. PAGE TWO 213. 8/4/97 CONSENT Moved by Elstner, seconded by Brookman, to approve the AGENDA Consent Agenda. Upon roll call, the vote was: (Cont'd.) AYES: 7- Beauvais, Christiansen, Elstner, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1- Higgason Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinance M -54 -97 was adopted; Ordinances M- 39 -97, M- 40 -97, M- 55 -97, M- 56 -97, and M -57- 97 were placed on First Reading; and Resolutions R- 32 -97, R- 36 -97, R- 37 -97, and R -38 -97 were adopted. MINUTES: Moved by Elstner, seconded by Brookman, to approve the Consent minutes of regular meeting of the City Council held July Agenda 21, 1997, as published. Motion declared carried as approved unanimously under Consent Agenda. EXECUTIVE Moved by Brookman, seconded by Smith, that minutes of SESSION Executive Session of the City Council held July 21, 1997, MINUTES: be held for discussion in Executive Session later this evening. Motion declared carried. ELIMIN. OF Moved by Elstner, seconded by Beauvais, to concur with VEHICLE recommendation of Committee of the Whole held July 28, STICKER: 1997, that the City NOT eliminate the $25 per vehicle Consent City wheel tax and replace it with a 3% Agenda Telecommunications Tax. Motion declared carried as approved unanimously under Consent Agenda. STREET Moved by Arredia, seconded by Elstner, to HOLD the RECONSTRUC.- recommendation of Committee of the Whole held July 28, RESURFACING 1997, to give conceptual approval for Street PROGRAM: Reconstruction Program (condition rating of "1" and "2 ") in the amount of $9.6 million, and Street Resurfacing Program (level 3) in the amount of $6.2 million, for a total of $15.8 million; funding to come from excess revenues in various funds, i.e. General Fund, Water Fund, Motor Fuel Tax Fund; balance of funds needed to come from General Obligation Bond issue, until a Committee of the Whole meeting can be held on August 27, 1997. Motion declared carried. SIDEWALK Moved by Arredia, seconded by Elstner, to HOLD the REPAIR recommendation of the Committee of the Whole held July PROGRAM: 28, 1997, to give conceptual approval for Sidewalk Repair Program in the amount of $1.20 million; funding to come .from excess revenues in various funds, i.e. General Fund, Water Fund, Motor Fuel Tax Fund; balance of funds needed to come from General Obligation Bond issue, until a Committee of the Whole meeting can be held on August 27, 1997, Motion declared carried. SEWER Moved by Arredia, seconded by Elstner, to HOLD the IMPROVEMENTS recommendation of Committee of the Whole held July 28, PROGRAM: 1997, to give conceptual approval for Sewer Improvements Program on a "pay as you go" basis, except in the case where sewer improvement is necessary when a street is improved; and Staff to prepare a cost breakdown, by levels, for sewer improvements in conjunction with street improvements; funding to be determined, until a Committee of the Whole meeting can be held on August 27, 1997, Motion declared carried. REGULATION Moved by Elstner, seconded by Brookman, to concur with OF Staff recommendation to amend Title V, Chapter 4 - PAWNBROKERS: "Merchants," Section 16 - "Pawnbrokers" of the City Code Consent to include new license eligibility requirements, stricter Agenda and more detailed reporting standards, a higher licensing fee and a holding period of ten (10) days, except for Ordinance items containing precious metals, gems or stones, which M -39 -97 will be held for 21 days; and further recommend to place on First Reading Ordinance M- 39 -97, AN ORDINANCE AMENDING PAGE THREE 214. 8/4/97 M -39 -97 SECTION 16, "PAWNBROKERS," OF CHAPTER 4, "MERCHANTS," OF (Cont'd.) TITLE V, "BUSINESS REGULATIONS," OF THE DES PLAINES CITY CODE, TO REPEAL SECTIONS 5 -4 -16.1, 5 -4 -16.6, 5 -4 -16.7, 5 -4 -16.8 AND 5 -4 -16.9 AND TO ADD THERETO NEW TEXT TO SECTIONS 5 -4 -16.1, 5 -4 -16.2, 5 -4 -16.3, 5 -4 -16.4, 5 -4- 16.5, 5 -4 -16.6, 5 -4 -16.7, 5 -4 -16.8, 5 -4 -16.9, 5 -4 -16.10 AND TO ADD THERETO SECTIONS 5 -4- 16.11, 5 -4- 16.12, 5 -4- 16.13, 5 -4- 16.14, 5 -4 -16.15 AND 5- 4- 16.16. Motion declared carried as approved unanimously under Consent Agenda. REGULATION Moved by Elstner, seconded by Brookman, to concur with OF Staff recommendation to amend Title V, Chapter 4 - SECONDHAND "Merchants," Section 19 - "Secondhand Dealers" of the DEALERS: City Code to include new license eligibility Consent requirements, stricter and more detailed reporting Agenda standards, a higher licensing fee and a holding period of ten (10) days, except for items containing precious Ordinance metals, gems or stones, which will be held for 21 days; M -40 -97 and further recommend to place on First Reading Ordinance M- 40 -97, AN ORDINANCE AMENDING SECTION 19 - "SECONDHAND DEALERS," OF CHAPTER 4, "MERCHANTS," OF TITLE V, "BUSINESS REGULATIONS," OF THE DES PLAINES CITY CODE, TO REPEAL SECTIONS 5 -4 -19.5, 5 -4 -19.6, 5 -4 -19.7, AND 5 -4- 19.8, AND TO ADD THERETO NEW TEXT TO SECTIONS 5 -4 -19.1, 5 -4 -19.2, 5 -4 -19.3, 5 -4 -19.4, 5 -4 -19.5, 5 -4 -19.6, 5 -4- 19.7, 5 -4 -19.8, 5 -4 -19.9, 5 -4 -19.10 AND TO ADD THERETO SECTIONS 5 -4- 19.11, 5 -4- 19.12, 5 -4- 19.13, 5 -4- 19.14, 5 -4- 19.15 AND 5 -4- 19.16. Motion declared carried as approved unanimously under Consent Agenda. REPEAL / Moved by Elstner, seconded by Brookman, to concur with PRECIOUS Staff recommendation to repeal Section 5 -15 -15 - METAL "Precious Metals Dealers" of Chapter 5, Title V, of the DEALERS City Code, inasmuch as this matter is incorporated into ORDINANCE: the new Secondhand Dealers Ordinance (M- 40 -97) - Consent HOUSEKEEPING ACTION; and further recommend to place on Agenda First Reading Ordinance M- 55 -97, AN ORDINANCE REPEALING SECTION 5 -5 -15 "PRECIOUS METALS DEALERS" OF CHAPTER 5, Ordinance TITLE V, OF THE CITY CODE OF DES PLAINES. Motion M -55 -97 declared carried as approved unanimously under Consent Agenda. STREET Moved by Elstner, seconded by Brookman, to concur with SWEEPING Staff recommendation amend Title X, Chapter 5 - AMENDMENT: "Stopping, Standing and Parking," Section 10 -5 -29 - Consent "Street Cleaning" of the City Code to add Mill Street Agenda from River Road to Dead End, and River Street from River Road to Dead End; and further recommend to place on First Ordinance Reading Ordinance M- 56 -97, AN ORDINANCE AMENDING SECTION M -56 -97 10 -5 -29 - "STREET CLEANING," OF CHAPTER 5 "STOPPING, STANDING AND PARKING," OF TITLE X "TRAFFIC," OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "MILL STREET FROM RIVER ROAD TO DEAD END" AND "RIVER STREET FROM RIVER ROAD TO DEAD END." Motion declared carried as approved unanimously under Consent Agenda. LICENSE Moved by Elstner, seconded by Brookman, to concur with AGREEMENT/ Staff recommendation to grant request to permit 680 installation of an underground sprinkler system in City - LONGFORD: owned parkway adjacent to property located at 680 Consent Longford Drive; Mayor and City Clerk be authorized to Agenda execute necessary license agreement; and further recommend to place on First Reading Ordinance M- 57 -97, Ordinance AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT -OF -WAY M -57 -97 LICENSE AGREEMENT WITH BRIAN L. BRODZIK AND NOREEN K. BRODZIK, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT -OF -WAY IN FRONT OF 680 LONGFORD DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. PAGE FOUR 215. 8/4/97 TAX ABATE./ Moved by Elstner, seconded by Brookman, to concur with 1700 S. Staff recommendation to authorize City to direct the MT.PROSPECT: Clerk of Cook County to abate 100% of the real estate Consent taxes for one (1) parcel of land totalling approximately Agenda nine (9) acres on property located at 1700 S. Mt. Prospect Road, d /b /a Institute of Gas Technology; and Resolution further recommend to adopt Resolution R- 32 -97, A R -32 -97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ABATING REAL PROPERTY TAXES FOR 1700 SOUTH MT. PROSPECT ROAD (INSTITUTE OF GAS TECHNOLOGY). Motion declared carried as approved unanimously under Consent Agenda. EMPLOYEE- Moved by Elstner, seconded by Brookman, to concur with RETIREE Staff recommendation to approve premium rates and HEALTH & contributions to City's Employee- Retiree Health and Life LIFE INSUR. Insurance Benefit Plans, as outlined in Resolution R -36- PREMIUMS: 97, effective October 1, 1997; and further recommend to Consent adopt Resolution R- 36 -97, A RESOLUTION ADOPTING PREMIUM Agenda RATES AND CONTRIBUTIONS TO THE HEALTH AND LIFE INSURANCE BENEFIT PLANS FOR THE CITY OF DES PLAINES FOR THE PLAN Resolution YEAR COMMENCING OCTOBER 1, 1997. Motion declared R -36 -97 carried as approved unanimously under Consent Agenda. RESOLUTION Moved by Elstner, seconded by Brookman, to adopt R- 37 -97/ Resolution R- 37 -97, A RESOLUTION ADOPTING A PROPOSED EARLY EARLY RETIREMENT INCENTIVE PROGRAM FOR THE CITY OF DES RETIREMENT PLAINES EMPLOYEES. Motion declared carried as approved PROGRAM: unanimously under Consent Agenda. Consent Agenda RESOLUTION Moved by Elstner, seconded by Brookman, to adopt R- 38 -97/ Resolution R- 38 -97, A RESOLUTION AUTHORIZING THE IMRF EARLY EXECUTION OF AN EARLY RETIREMENT PROGRAM OF 5 + 5 WITH RETIREMENT THE ILLINOIS MUNICIPAL RETIREMENT FUND. Motion declared PROGRAM: carried as approved unanimously under Consent Agenda. Consent Agenda FENCE Moved by Elstner, seconded by Brookman, to concur with VARIATION/ Staff recommendation to grant request for Variation to 1885 Section 6 -7 -1 of the City Code to permit replacement of EVERETT: a 3' high chain -link fence with a 4' high, wood, privacy Consent fence (Code requires front yard fences to not exceed 3- Agenda 1/2' in height and be at least 50% open), on property located at 1885 Everett Avenue. Motion declared carried as approved unanimously under Consent Agenda. PARKING PAD Moved by Elstner, seconded by Brookman, to concur with VARIATION/ Staff recommendation to grant request for Variation to 589 JON: Section 111.7.1 of the Building Code to permit Consent construction of a 6.5' x 28.7' parking pad adjacent to Agenda driveway on property located at 589 Jon Lane. Motion declared carried as approved unanimously under Consent Agenda. SIDEWALK Moved by Elstner, seconded by Brookman, to concur with SALES DAYS/ Staff recommendation to grant request from Des Plaines CHAMBER: Chamber of Commerce and Industry to hold their 41st Consent Annual City -Wide Sidewalk Sale Days from Thursday, August Agenda 7 through Sunday, August 10, 1997; and parking restrictions be waived during these special days for the convenience of shoppers except for parking lot leased to First Bank along Ellinwood Street (between Lee and Pearson Streets) and PlainsBank employees' parking lot at Graceland and Prairie Avenues - ANNUAL REQUEST. Motion declared carried as approved unanimously under Consent Agenda. PAGE FIVE 216. 8/4/97 BID AWARD/ Moved by Elstner, seconded by Brookman, to concur with TRANSOM Staff recommendation to award bid for Furnishing and WINDOWS: Installing Three (3) New Transom Windows for Finance Consent Department to the single bidder, Des Plaines Glass Agenda Company, 1374 Northwest Highway, Des Plaines, IL 60016, in the total bid amount of $7,500 /Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ Moved by Elstner, seconded by Brookman, to concur with LEAF Staff recommendation to award bid for Four (4) 1997 Tow - LOADERS: Behind Leaf Loaders to the lowest bidder to meet Consent specifications, Lewis Equipment Company, 55 E. Palatine Agenda Road, Prospect Heights, IL 60070, in the total bid amount of $99,920/1997 General Fund (C.E.R.F.). Motion declared carried as approved unanimously under Consent Agenda. TRADE - IN Moved by Elstner, seconded by Brookman, to concur with AGREEMENT/ Staff recommendation that City enter into an Annual SKID - STEER Trade -In Agreement with Atlas Bobcat, Inc., 5050 N. River LOADERS: Road, Schiller Park, IL 60176, for Two (2) Skid -Steer Consent Loaders at a cost of $2,100 per year, per unit, except Agenda for the first year when the cost of the 1995 unit will be $6,919.80; agreement to be renewed on an annual basis. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISING Moved by Elstner, seconded by Brookman, to concur with FOR BIDS: Staff recommendation that City Clerk be authorized to Consent advertise for bids for 1997 Leaf Grinding Contract, Agenda returnable by 3:00 p.m., Friday, August 22, 1997. Motion declared carried as approved unanimously under Consent Agenda. REAPPOINT./ Moved by Arredia, seconded by Beauvais, to concur with DEPARTMENT Mayoral reappointments as follows: City Manager F. HEADS: Wallace Douthwaite, City Engineer Tim Oakley, Finance Director Jim Egeberg, Director of Community Development Michael D'Onofrio, Director of Economic Development Jack Klaus, Director of Human Resources and Services Arlene Merriman, City Attorney David Wiltse, Assistant City Attorney Peter Gruber, Director of Public Works Scott Shirley, Fire Chief Thomas Farinella, Police Chief Robert Sturlini, and Director of Emergency Communications Sherrill Ornberg. Motion declared carried. ORDINANCE Alderman Brookman stated that she is still not convinced M -50 -97 - that all of the fines are warranted; they are excessive; AS AMENDED/ there should be a limit of $1,000. BLDG. CODE VIOLATION Moved by Smith, seconded by Christiansen, to adopt FINES: 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. Moved by Sarlo, seconded by Brookman, to adopt a substitute motion that Ordinance M -50 -97 - AS AMENDED be held until August 18, 1997, for further review. Motion declared carried. ORDINANCE Moved by Elstner, seconded by Brookman, to adopt M - 54 - 97 Ordinance M- 54 -97, AN ORDINANCE AMENDING SECTION 5 -34 -18 DECREASE "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, CLASS G TO DECREASE THE TOTAL NUMBER OF CLASS G LICENSES BY ONE. LIQ. LIC.: Motion declared carried as approved unanimously under Consent Consent Agenda. Agenda PAGE SIX 217. 8/4/97 1997 -1998 Moved by Elstner, seconded by Brookman, to concur with CDBG ACTION Staff recommendation that Mayor be authorized to sign the PLAN AND Housing and Community Development Action Plan for BUDGET: Community Development Block Grant (CDBG) Program Year Consent 1997 (October 1, 1997 - September 30, 1998), which Agenda includes the budget for the $319,000 in CDBG funds plus the second and final Ellinwood reimbursement of $236,250 from the City's General Fund, for a total amount of $555,250; as presented at a Public Hearing held August 4, 1997; and submit all to the U.S. Department of Housing and Urban Development (HUD) no later than August 15, 1997. 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 REPORT OF Director of Finance & Administrative Services Egeberg INTERNAL reviewed his memo of July 23, 1997, which outlined the CONTROL internal audit performed on the City's accounts payable, AUDIT: purchasing and miscellaneous receivables /revenues and collection functions, and the responses based on the findings. Director Egeberg introduced the City's auditor, Miller Cooper, Miller Cooper & Co., Ltd., 650 Dundee Road, Suite 250, Northbrook, IL 60062, who reviewed their 14 general suggestions, none critical in nature. Alderman Arredia requested a meeting with Director Egeberg and Mr. Cooper to review some concerns he has with the audit. It was the consensus of the Committee of the Whole to accept the findings of the Internal Control Audit. WARRANT Moved by Arredia, seconded by Sarlo, to concur with Staff REGISTER: recommendation and recommend to the City Council approval of August 4, 1997 Warrant Register, in the amount of $2,060,915.72; and further recommend that Resolution R- 39-97 be adopted at appropriate time this evening. Motion declared carried. BUILDING CODE - Alderman Arredia, Chair FENCE Moved by Arredia, seconded by Christiansen, that request VARIATION/ from Fairmont Place Townhome Association for a variation 801 -803- to Section 6 -7 -1 of the City Code to permit construction 807 of a 6' high privacy fence along the frontage of Lincoln FAIRMONT Avenue (in back of 801 - 803 -807 Fairmont Court), be COURT: referred back to Staff for further review and report. Motion declared carried. Mayor Paul W. Jung assumed the chair, and declared the City Council back in session. ORDINANCE Alderman Beauvais stated that she needed clarification Z -10 -97 of some of the language in the proposed Ordinance Z -10 -97 SPECIAL USE/ (Caputo). 1637 WEBSTER: Moved by Beauvais, seconded by Brookman, to TABLE the (Caputo) matter of placing on First Reading Ordinance Z- 10 -97, AN PAGE SEVEN 218. 8/4/97 Z -10 -97 ORDINANCE GRANTING A SPECIAL USE PERMIT PURSUANT TO (Cont'd.) ARTICLE 8 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO ALLOW THE CONSTRUCTION OF A PAVED PARKING LOT IN R -2 SINGLE FAMILY DISTRICT ON THE PROPERTY COMMONLY KNOWN AS 1637 WEBSTER LANE (95- 52 -SU), until August 18, 1997. Upon roll call, the vote was: AYES: 5- Beauvais, Christiansen, Elstner, Brookman, Arredia NAYS: 2- Sarlo, Smith ABSENT: 1- Higgason Motion declared carried (further action on this matter under Unfinished Business on August 18, 1997). ALLEY Moved by Arredia, seconded by Elstner, to HOLD the IMPROVEMENTS recommendation of the Committee of the Whole held July PROGRAM: 28, 1997, to give conceptual approval to Alley Improvements Program in the amount of $1.50 million; funding to come from excess revenues in various funds, i.e. General Fund, Water Fund, Motor Fuel Tax Fund; balance of funds needed to come from General Obligation Bond issue, until a Committee of the Whole meeting can be held on August 27, 1997. Motion declared carried. NEW Moved by Arredia, seconded by Elstner, to HOLD the SIDEWALK recommendation of the Committee of the Whole held July PROGRAM: 28, 1997, that the City NOT fund New Sidewalk Program in the amount of $2 million, at this time, until a Committee of the Whole meeting can be held on August 27, 1997. Motion declared carried. REPORT OF Moved by Christiansen, seconded by Arredia, to concur INTERNAL with consensus of Committee of the Whole to accept the CONTROL findings of the Internal Control Audit performed by AUDIT: Miller Cooper & Co., Ltd., 650 Dundee Road, Suite 250, Northbrook, IL 60062. Motion declared carried. WARRANT Moved by Christiansen, seconded by Elstner, to concur REGISTER: with recommendation of Committee of the Whole to adopt Resolution R- 39 -97, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R -39 -97 DUE AND PAYABLE AND THAT`THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,060,915.72. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1- Higgason Motion declared carried. FENCE Moved by Arredia, seconded by Christiansen, to concur VARIATION/ with recommendation of Committee of the Whole that 801 -803- request from Fairmont Place Townhome Association for a 807 variation to Section 6 -7 -1 of the City Code to permit FAIRMONT construction of a 6' high privacy fence along the COURT: frontage of Lincoln Avenue (in back of 801 - 803 -807 Fairmont Court), be referred back to Staff for further review and report. Motion declared carried. LEASE/ Moved by Christiansen, seconded by Beauvais, that Mayor METRA STA. and City Clerk be authorized to execute lease agreement COFFEE with Java Junction Gourmet Tea and Coffee, Inc., 605 Lee SHOP: Street, Des Plaines, to lease 125 sq. ft. of premises at the Des Plaines Transit Center (Metra), 1501 Miner Street, as a Coffee Shop, on a month to month basis, at $100 per month; and declare that the previous tenants abandoned their lease. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1- Higgason Motion declared carried. PAGE EIGHT 219. 8/4/97 ORDINANCE Moved by Beauvais, seconded by Arredia, to advance to M -39 -97 Second Reading and adopt Ordinance M- 39 -97, AN ORDINANCE REGULATION AMENDING SECTION 16, "PAWNBROKERS," OF CHAPTER 4, OF "MERCHANTS," OF TITLE V, "BUSINESS REGULATIONS," OF THE PAWNBROKERS: DES PLAINES CITY CODE, TO REPEAL SECTIONS 5 -4 -16.1, 5 -4- 16.6, 5 -4 -16.7, 5 -4 -16.8, AND 5 -4 -16.9 AND TO ADD THERETO NEW TEXT TO SECTIONS 5 -4 -16.1, 5 -4 -16.2, 5 -4 -16.3, 5 -4- 16.4, 5 -4 -16.5, 5 -4 -16.6, 5 -4 -16.7, 5 -4 -16.8, 5 -4 -16.9, 5 -4 -16.10 AND TO ADD THERETO SECTIONS 5 -4- 16.11, 5 -4- 16.12, 5 -4- 16.13, 5 -4- 16.14, 5 -4 -16.15 AND 5 -4- 16.16. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1- Higgason Motion declared carried. ORDINANCE Moved by Beauvais, seconded by Arredia, to advance to M -40 -97 Second Reading and adopt Ordinance M- 40 -97, AN ORDINANCE REGULATION AMENDING SECTION 19, "SECONDHAND DEALERS," OF CHAPTER 4, OF "MERCHANTS," OF TITLE V, "BUSINESS REGULATIONS," OF THE SECONDHAND DES PLAINES CITY CODE, TO REPEAL SECTIONS 5 -4 -19.5, 5 -4 DEALERS: 19.6, 5 -4 -19.7, AND 5 -4 -19.8, AND TO ADD THERETO NEW TEXT TO SECTIONS 5 -4 -19.1, 5 -4 -19.2, 5 -4 -19.3, 5 -4 -19.4, 5 -4- 19.5, 5 -4 -19.6, 5 -4 -19.7, 5 -4 -19.8, 5 -4 -19.9, 5 -4 -19.10 AND TO ADD THERETO SECTIONS 5- 4- 19.11, 5 -4- 19.12, 5 -4- 19.13, 5 -4- 19.14, 5 -4 -19.15 AND 5 -4- 19.16. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1- Higgason Motion declared carried. ORDINANCE Moved by Beauvais, seconded by Arredia, to advance to M -55 -97 Second Reading and adopt Ordinance M- 55 -97, AN ORDINANCE REPEAL/ REPEALING SECTION 5 -5 -15 "PRECIOUS METALS DEALERS" OF PRECIOUS CHAPTER 5, TITLE V, OF THE CITY CODE OF DES PLAINES. METAL Upon roll call, the vote was: DEALERS AYES: 7- Beauvais, Christiansen, Elstner, Brookman, ORDINANCE: Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1- Higgason Motion declared carried. EXECUTIVE Moved by Beauvais, seconded by Brookman, to go into SESSION: Executive Session to discuss labor negotiations, biannual review of Executive Session minutes, review of Executive Session minutes of July 7, 1997, pending litigation, and review of City Manager's contract. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1- Higgason Motion declared carried. City Council recessed at 8:01 p.m. City Council reconvened at 9:15 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Brookman, Sarlo, Smith, Arredia. LABOR Moved by Smith, seconded by Brookman, to concur with NEGOTIATIONS/ consensus of the aldermen in Executive Session held July MECCA: 21, 1997, regarding stand -by service; and further concur with majority consensus of the aldermen in Executive Session held this evening regarding back belts. Motion declared carried. 1 1 APPROVED BY ME THIS December 6, 1993 January 3, 1994 March 7, 1994 June 6, 1994 September 19, 1994 October 17, 1994 October 25, 1994 November 7, 1994 November 21, 1994 December 5, 1994 February 21, 1995 March 20, 1995 April 17, 1995 June 5, 1995 October 2, 1995 PAGE NINE 220. 8/4/97 BIANNUAL Moved by Smith, seconded by Brookman, to concur with REVIEW OF consensus of the aldermen in Executive Session to approve EXEC. SESS. release of the following Executive Session minutes: MINUTES: December 17, 1990 - Permit Coordinator June 15, 1992 - Executive Session Minutes July 20, 1992 - Coll. Barg. (2nd Paragraph) August 17, 1992 Pend. Lit. - Open Mtg. Act. May 17, 1993 Dismissal of Employee May 24, 1993 Land Acquist. for Library November 15, 1993 Labor Negotiations and Attorney for MWRD Inflow - Infiltration Prosecutions - Hiring of Employees - Collective Bargaining - Collective Bargaining Collective Bargaining, Acquisition of Property Pending Litigation Pending Litigation (Heerey) Collective Bargaining - Collective Bargaining Reclassifica. of Personnel Acquisition of D.P. Mall - Acquisition of Property Reclassification of Personnel Acquisition of Property Acquisition of Property Pending Litigation - Labor Negotiations - Acquisition of Property - Executive Session Minutes Acquisition of Property November 6, 1995 - Acquisition of Property November 20, 1995 - Acquisition of Property Motion declared carried. Moved by Smith, seconded by Brookman, to concur with the consensus of the aldermen to approve minutes of the Executive Session of the City Council held July 21, 1997, as amended in Executive Session. Motion declared carried. ADJOURNMENT: Moved by Christiansen, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:17 p.m. Donna McAllister, CMC /AAE - CITY CLERK