Loading...
06/15/1998MINUTES 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, JUNE 15, 1998 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, June 15, 1998. 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 Johnson, Director of Finance & Administrative Services Egeberg, Deputy Fire Chief Pratt, Police Chief Sturlini, Senior Civil Engineer Kaszuba, Director of Community Development D'Onofrio, Director of Public Works Shirley, Assistant City Attorney Bartel, and City Attorney Wiltse. PRAYER AND PLEDGE: WELCOME: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. Mayor Jung welcomed the students from Maine West High School who are participating in the City's Clinical Government Program which is now in its 23rd year. PRESENTATION: Mayor Jung presented plaques of appreciation to retiring/resigning members of the following commissions - board: DES PLAINES CABLE COMMISSION Richard Luckritz - 16 years Lou Weber - 16 years ECONOMIC DEVELOPMENT COMMISSION John Schuster - 4 years DES PLAINES LIBRARY BOARD John Scarsi - 7 years CITIZEN PARTICIPA.: Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating his concern for the safety of on or off- duty policemen directing traffic; some people don't know how to stop; when you see policemen, on or off-duty, directing traffic, you are required to stop. Mr. Dick Sayad, 290 Shannon Court, addressed the City Council thanking Mayor Jung and Public Relations Technician Henrikson for their prompt response to his request to have the meeting dates and times for the various commissions and boards listing on the City's access cable channel. Mr. Sayad further stated his support of residency requirement for future department heads; they should be part of the community; give them a year to move into town. Mr. Sayad also urged the City Council to consider the use of TIF funds to pay for the new Library; if we need more money five (5) years down the road, then we can raise taxes. UPDATE/ Mr. Joel Schneider, Liberty Technology Advisors, Inc., COMPUTER City's computer consultant, gave a brief update of the UPGRADE Computer Upgrade Project; City Hall and the Police PROJECT: Department are in the final stages of completion; Fire Station #1 will start this week and Fire Stations #2, #3 and Public Works Department is next; much of the credit for the project being on time and on budget goes to GEM Solutions and the City staff (Finance Director Jim Egeberg and his team); all is going as planned. CONSENT AGENDA: 6/15/98 PAGE TWO City Clerk McAllister requested that Item 2 be removed from the Consent Agenda. Moved by Higgason, seconded by Sarlo, to establish a Consent Agenda except for Item 2. Motion declared carried. Moved by Higgason, seconded by Elstner, 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; Ordinances M-28-98, M-29-98, M- 30-98, M-31-98, M-32-98, M-33-98, M-34-98, M-35-98, M-36- 98, M-37-98, M-38-98, M-39-98, M-40-98, M-41-98 and M-42- 98 were adopted; Ordinances M-44-98, M-45-98, M-46-98 and M-47-98 were placed on First Reading; and Resolution R- 40-98 was adopted. MINUTES: Moved by Higgason, seconded by Elstner, to approve Consent minutes of the regular meeting of the City Council held Agenda June 1, 1998. Motion declared carried as approved unanimously under Consent Agenda. EXEC. SESS. Mayor Jung stated that the minutes of the Executive MINUTES: Session of the City Council held June 1, 1998, were being held for discussion in Executive Session later in the meeting. AMENDED Moved by Higgason, seconded by Elstner, to concur with ZONING recommendation of Committee of the Whole held June 8, ORDINANCE 1998, to amend the Comprehensive Plan to show the Touhy MAP: Avenue corridor as R-2 Single Family Residence District; Consent make appropriate changes to the amortization schedule; Agenda proceed with the proposed zoning map; Staff to provide a list of properties to be affected by the amortization schedule; and report back to the Committee as soon as possible. Motion declared carried as approved unanimously under Consent Agenda. LICENSE Moved by Higgason, seconded by Elstner, to concur with AGREEMENT/ Staff recommendation to grant request to permit 1320 CALLEN: installation of an underground sprinkler system in City - Consent owned parkway adjacent to property located at 1320 Callen Agenda Lane; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to Ordinance place on First Reading Ordinance M-44-98, AN ORDINANCE M-44-98 AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH JOHN AND MARGARET DAVID, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 1320 CALLEN LANE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. PREVAILING Moved by Higgason, seconded by Elstner, to concur with WAGE Staff recommendation that pursuant to Section 820 ILCS RATES: 130/1 of the State Statutes (1996), City establish Consent prevailing rate of wages for laborers, mechanics and Agenda other workers employed in performing construction of public works for the City - ANNUAL REQUIREMENT; and Ordinance further recommend to place on First Reading Ordinance M- M -45-98 45-98, AN ORDINANCE ENACTING 820 ILCS 130/1 ET SEQ. (1996) PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND PREVAILING WAGE RATES. Motion declared carried as approved unanimously under Consent Agenda. LIQ. LIC. CLASS CHANGE/ 2300 S. MANNHEIM: Consent Agenda Ordinance M-46-98 LIQ. LIC. CLASS CHANGE/ 901 E. OAKTON: Consent Agenda Ordinance M-47-98 TEMPORARY CLOSING OF CENTRAL RD./ JULY 4TH: Consent Agenda Resolution R-40-98 PATIO VARIATION/ 646 CLAYTON: Consent Agenda PATIO VARIATION/ 665 CASTLEREA: Consent Agenda PATIO VARIATION/ 691 CASTLEREA: Consent Agenda 6/15/98 PAGE THREE Moved by Higgason, seconded by Elstner, to concur with Staff recommendation to amend Title V, Chapter 34 - "Intoxicating Liquors," Section 5-34-18 to decrease Class A-2 Liquor Licenses by one (1) and increase Class G Liquor Licenses by one (1), to reflect change in Class from A-2 to G Liquor License for property located at 2300 S. Mannheim Road, d/b/a/ Fountain Blue Banquet and Convention Center (f/k/a Fountain Blue Restaurant); and further recommend to place on First Reading Ordinance M- 46-98, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO DECREASE THE TOTAL NUMBER OF CLASS A-2 LICENSES BY ONE (1) AND INCREASE THE TOTAL NUMBER OF CLASS G LICENSES BY ONE (1) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation to amend Title V, Chapter 34 - "Intoxicating Liquors," Section 5-34-18 to decrease Class E Liquor Licenses by one (1) and increase Class A Liquor Licenses by one (1) , to reflect a more appropriate liquor license of Class A for property located at 901 E. Oakton Street, d/b/a Radishes, Inc.; and further recommend to place on First Reading Ordinance M-47-98, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES TO INCREASE THE TOTAL NUMBER OF CLASS A LICENSES BY ONE (1) AND DECREASE THE TOTAL NUMBER OF CLASS E LICENSES BY ONE (1). Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation to approve temporary closing of Central Road from Des Plaines -River Road to East River (Bender) Road on Saturday, July 4, 1998, from 7:00 p.m. to 11:00 p.m., during July 4th fireworks display near Oakton Community College; and further recommend to adopt Resolution R-40-98, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation to grant for Variation to Section 515.0 of the Building Code for property located at 646 Clayton Lane to permit reconstruction of a patio that would extend 21.33' from the building foundation with a total area of approximately 501 sq. ft. (Code permits patios to extend up to 15' from the building foundation and have a total area of 344 sq. ft.). Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation to grant request for an "after -the - fact" Variation to Section 515.0 of the Building Code for property located at 665 Castlerea Lane to permit construction of an oversized patio that would extend 20' from the building foundation with a total area of approximately 600 sq. ft. (Code permits patios to extend up to 15' from the building foundation and have a total area of 344 sq. ft.); and petitioner to pay a double permit fee of $56 for constructing without a building permit. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to concur with Staff recommendation to grant request for Variation to Section 515.0 of the Building Code for property located at 691 Castlerea Lane to permit construction of an oversized patio that would extend 20' from the building foundation with a total area of approximately 625 sq. ft. (Code permits patios to extend 15' from the building foundation and have a total area of 344 sq. ft .) . Motion declared carried as approved unanimously under Consent Agenda. 6/15/98 PAGE FOUR ENGRG. SVS./ Moved by Higgason, seconded by Elstner, to concur with OAKTON ST. Staff recommendation to accept proposal from Stanley WATER TANK: Consultants, Inc., 8501 W. Higgins Road, Suite 730, Consent Chicago, IL 60631, to provide engineering services for Agenda the design, bid and supervision for the Oakton Street Water Tank Painting Project, in the total amount of $15,768/1998 C.I.P. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Higgason, seconded by Elstner, to adopt M-28-98 Ordinance M-28-98, AN ORDINANCE AMENDING SECTION 2-21-9 POWERS OF "POWERS OF THE COMMISSION," OF CHAPTER 21 "CONSUMER CONSUMER PROTECTION COMMISSION," OF TITLE II, OF THE CITY CODE OF PROTECTION DES PLAINES, TO ADD THERETO NEW SUBSECTIONS (J) AND (K), COMMISSION: AND FURTHER AMENDING SUBSECTION (H) OF SECTION 2-21-10 Consent "PROCEDURES AND HEARINGS." Motion declared carried as Agenda approved unanimously Consent Agenda. ORDINANCE Moved by Higgason, seconded by Elstner, to adopt M-29-98 Ordinance M-29-98, AN ORDINANCE AMENDING SUBSECTION 5 -34 - PAYMENT OF 20(B) OF CHAPTER 34 "INTOXICATING LIQUORS," OF TITLE V, LIQ. LIC. OF THE CITY CODE OF DES PLAINES. Motion declared carried FEES: as approved unanimously under Consent Agenda. Consent Agenda ORDINANCE Moved by Higgason, seconded by Elstner, to adopt M-30-98 Ordinance M-30-98, AN ORDINANCE AMENDING CHAPTER 11 "M -PLATE "PARKING LOTS," OF TITLE X OF THE CITY CODE OF DES ONLY" PLAINES, TO ADD THERETO A NEW SUBSECTION 10-11-9 "M -PLATE PARKING: ONLY" PARKING. Motion declared carried as approved Consent unanimously under Consent Agenda. Agenda ORDINANCE Moved by Higgason, seconded by Elstner, to adopt M-31-98 Ordinance M-31-98, AN ORDINANCE AUTHORIZING THE EXECUTION LIC. AGREE./ OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH JANET P. WHITE 488 FOR THE INSTALLATION OF A DRIVEWAY APRON CONSTRUCTED OF PINEHURST: BRICK PAVERS IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 488 Consent PINEHURST DRIVE, DES PLAINES, ILLINOIS. Motion declared Agenda carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Higgason, seconded by Elstner, to adopt M-32-98 Ordinance M-32-98, AN ORDINANCE AUTHORIZING THE EXECUTION LIC. AGREE./ OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH RICHARD STEIN, 1669 OF ILLINOIS AUTO TRUCK COMPANY, FOR THE INSTALLATION OF MARSHALL: AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT - Consent OF -WAY IN FRONT OF 1669 MARSHALL DRIVE, DES PLAINES, Agenda ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Higgason, seconded by Elstner, to adopt M-33-98 Ordinance M-33-98, AN ORDINANCE AUTHORIZING THE EXECUTION LIC. AGREE./ OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH JEWEL GLEASON 1242 FOR THE INSTALLATION OF A CEMENT WALKWAY IN THE PUBLIC EVERETT: RIGHT-OF-WAY IN FRONT OF 1242 EVERETT AVENUE, DES Consent PLAINES, ILLINOIS. Motion declared carried as approved Agenda unanimously under Consent Agenda. ORDINANCE Moved by Higgason, seconded by Elstner, to adopt M-34-98 Ordinance M-34-98, AN ORDINANCE AMENDING CHAPTER 14 CHAIRMEN & "QUALIFICATIONS OF MEMBERS OF COMMISSIONS AND BOARDS," OFFICERS/ OF TITLE II "COMMISSIONS AND BOARDS" OF THE CITY CODE OF COMMISSIONS- DES PLAINES, TO ADD THERETO NEW SECTIONS 2-14-2 BOARDS: "APPOINTMENT OF CHAIR AND OTHER OFFICERS" AND 2-14-3 Consent "TERM OF OFFICE." Motion declared carried as approved Agenda unanimously under Consent Agenda. ORDINANCE Moved by Higgason, seconded by Elstner, to adopt M-35-98 Ordinance M-35-98, AN ORDINANCE AMENDING SECTION 2-10-1 CHAIRMAN/ "ESTABLISHMENT OF COMMISSION" AND SUBSECTION 2-10-1(A) ARCHITEC. OF CHAPTER 10 "ARCHITECTURAL COMMISSION" OF TITLE II OF COMMISSION: THE CITY CODE. Motion declared carried as approved Con. Agenda unanimously under Consent Agenda. ORDINANCE M-36-98 CHAIRMAN/ CABLE TV COMMISSION: Consent Agenda ORDINANCE M-37-98 CHAIRMAN/ COMM. HEAL. ADVISORY COMMISSION: Consent Agenda ORDINANCE M-38-98 CHAIRMAN/ CONSUMER PROTECTION COMMISSION: Consent Agenda ORDINANCE M-39-98 CHAIRMAN/ KEEP D.P. BEAUTIFUL COMMISSION: Consent Agenda ORDINANCE M-40-98 CHAIRMAN/ PLAN COMMISSION: Consent Agenda ORDINANCE M-41-98 CHAIRMAN/ YOUTH COMMISSION: Consent Agenda ORDINANCE M-42-98 CHAIRMAN/ ZONING BOARD OF APPEALS: Consent Agenda STREET SWEEPING PROGRAM: PAGE FIVE Moved by Higgason, seconded Ordinance M-36-98, AN ORDINANCE "MEMBERS" AND 2-23-3 "TERM OF "CABLE TELEVISION COMMISSION," CODE. Motion declared carried under Consent Agenda. 6/15/98 by Elstner, to adopt AMENDING SECTIONS 2-23-2 OFFICE," OF CHAPTER 23 OF TITLE II OF THE CITY as approved unanimously Moved by Higgason, seconded by Elstner, to adopt Ordinance M-37-98, AN ORDINANCE AMENDING SECTION 2-1-2 (A) "ORGANIZATION," OF CHAPTER 1 "COMMUNITY HEALTH ADVISORY COMMISSION," OF TITLE II OF THE CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to adopt Ordinance M-38-98, AN ORDINANCE AMENDING SECTION 2-21-2 "CHAIRMAN AND OTHER OFFICERS" AND SUBSECTION 2-21-2(A) OF CHAPTER 21 "CONSUMER PROTECTION COMMISSION" OF TITLE II OF THE CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to adopt Ordinance M-39-98, AN ORDINANCE AMENDING SECTION 2-7-2 "CHAIRMAN AND OTHER OFFICERS," OF CHAPTER 7 "KEEP DES PLAINES BEAUTIFUL COMMISSION" OF TITLE II OF THE CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to adopt Ordinance M-40-98, AN ORDINANCE AMENDING SECTIONS 2-4-2 "MEMBERS" AND 2-4-3 "TERM OF OFFICE" OF CHAPTER 4 "PLAN COMMISSION," OF TITLE II OF THE CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to adopt Ordinance M-41-98, AN ORDINANCE AMENDING SECTION 2-6-2 "TERMS; ORGANIZATION," OF CHAPTER 6 "YOUTH COMMISSION" OF TITLE II OF THE CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Elstner, to adopt Ordinance M-42-98, AN ORDINANCE AMENDING SECTION 2-8-1 "CREATION AND MEMBERSHIP," OF CHAPTER 8 "ZONING BOARD OF APPEALS" OF TITLE II OF THE CITY CODE. 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 PUBLIC WORKS - Alderman Higgason, Chair Director of Public Works Shirley reviewed his memo of June 10, 1998, regarding the scheduled street sweeping program in selected high density areas of the City which was begun on October 1, 1997, continued through December 15, 1997, and began again in April of this year. Director Shirley stated that this new program has resulted in some issues that need to be resolved, i.e. 0"° 6/15/98 PAGE SIX STREET the Police Department has expressed concern regarding the SWEEPING passage of emergency vehicles when parking is permitted (Cont'd.) on both sides of a street after sweeping is performed, the 1998 Public Works budget for sweeping and snow towing fees will not be sufficient for what this new program is costing the City because of the increase in towing that is necessary and the collection rate is approximately 41%. Alderman Beauvais stated that she would be in favor of impounding towed cars. Alderman Smith stated that he would also be in favor of impounding; then there would be no lost revenue. Alderman Brookman stated that she would be against impounding; it is hostile to the residents; go back to the old method of posting temporary signs on trees the day before a street is scheduled to be swept. Director of Public Works Shirley reviewed the five (5) alternative solutions included in his memo of June :10, 1998. Director Shirley stated that not any of his solutions would address all the problems. Alderman Arredia stated that whatever the solution, it should be consistent throughout the City. Mr. Dick Sayad, 290 Shannon Court, addressed the Committee of the Whole stating that signs should be posted at least two (2) days ahead of time; rules should be consistent; cars should be impounded by a towing company. Moved by Beauvais, seconded by Smith, to recommend to the City Council that the street sweeping program be consistent throughout the City; present signs be removed; temporary signs be posted the day before street sweeping is performed, effective July 6, 1998; Staff review other ways to get residents to comply with this program and report back to the Committee; and City Attorney be authorized to prepare necessary ordinance. Motion declared carried. ENGINEERING - Alderman Elstner, Chair CHANGE Senior Civil Engineer Kaszuba reviewed City Engineer ORDER #3/ Oakley's memo of June 9, 1998, regarding the need to make 1998 CIP - repairs to sewers and drainage structures located near CONTRACT the intersection of Walnut and Second Avenues, identified "A": during television inspection phase of 1998 Capital Improvement Program - Contract "A" with Palumbo Brothers. Moved by Arredia, seconded by Higgason, to recommend to the City Council to approve Change Order #3 to the 1998 Capital Improvement Program - Contract "A" with Palumbo Brothers, Inc., 321 S. Center Street, Hillside, IL 60162 (awarded by the City Council on February 2, 1998) for repairs to sewers and drainage structures located near the intersection of Walnut and Second Avenues, as identified during television inspection phase of contract, in the amount of $9,390/General Improvement Funds. Motion declared carried. BUILDING CODE - Alderman Arredia, Chair FENCE Director of Community Development D'Onofrio reviewed his VARIATION/ memo of June 10, 1998, regarding the request for an 1152 E. "after -the -fact" variation to permit completion of WALNUT: partially completed 6' high fence in the front yard along Walnut Avenue (Code requires front yard fences to not 6/15/98 PAGE SEVEN 1152 E. exceed 3-1/2' in height). Director D'Onofrio stated that WALNUT the Staff is recommending that this request be denied (Cont'd.) because the proposed fence will alter the essential character of the neighborhood because it would be the first black iron fence built there and there are no other 6' high front yard fences in this area. Mr. Ramior Nunez. 1152 E. Walnut Avenue, addressed the Committee of the Whole stating that he is requesting this variation to keep his son safely in the yard. Mr. Mike Reimer, 1172 E. Walnut Avenue, addressed the Committee of the Whole stating that a 6' high fence does not send a positive message; is concerned about his property values; a 3-1/2' high fence would be OK, but not a 6' high fence. Mr. Phil Fetzer, 1155 E. Walnut Avenue, addressed the Committee of the Whole stating that he lives directly across the street and is not opposed to this fence; it is a safety factor for children; it is a good idea. Ms. Sandy Johnson, 1085 E. Walnut Avenue, addressed the Committee of the Whole stating that a 6' fence is too high. Moved by Brookman, seconded by Higgason, to recommend to the City Council to grant request for an "after -the -fact" Variation to Section 6-7-1 of the City Code to permit the completion of a 6' high black iron fence in the front yard along 1152 E. Walnut Avenue (Code requires front yard fences to not exceed 3-1/2' in height); and petitioner to pay a double permit fee of $56 for constructing without a building permit. Motion declared carried. Alderman Smith voted no. (Final action on this matter under Unfinished Business on July 6, 1998.) FENCE Director of Community Development D'Onofrio reviewed his VARIATION/ memo of June 10, 1998, regarding the request for a 1522 variation to permit construction of a 6' high, wooden, CENTER: privacy fence in the front yard along Center Street (Code requires front yard fences to be at least 50% open and not exceed 3-1/2' in height). Director D'Onofrio stated that the Staff is recommending that this request be denied because the proposed fence will effectively surround the detached garage where currently there is an unsightly collection of the petitioner's possessions; the fence does not effectively provide increased privacy nor will it keep people in or out of the yard. Mr. Charles Lindquist, 1522 Center Street, addressed the Committee of the Whole stating that he promises that he will not use this area for storage. Moved by Higgason, seconded by Beauvais, to recommend to the City Council to grant. request for Variation to Section 6-7-1 of the City Code to permit construction of a 6' high, wooden, privacy fence in the front yard along 1522 Center Street (Code requires front yard fences to be at least 50% open and not exceed 3-1/2' in height). Motion declared carried (final action on this matter under Consent Agenda on July 6, 1998). RECESS: Moved by Brookman, seconded by Higgason, that there be a five (5) minute recess. Upon roll call, the vote was: AYES: 4-Higgason, Brookman, Sarlo, Smith NAYS: 3 -Beauvais, Elstner, Arredia ABSENT: 1 -Christiansen Motion declared carried The Committee of the Whole recessed at 9:10 p.m. The Committee of the Whole reconvened at 9:15 p.m. LIQ. LIC./ 1553-1559 ELLINWOOD: 6/15/98 PAGE EIGHT LEGAL & LICENSING - Alderman Beauvais, Chair Petitioners Ted Christ and Jerry Stark were sworn in by the City Clerk and gave testimony before the Committee of the Whole. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole asking if the City offered a TIPS Program. Mayor Jung stated that he was not sure but would look in to it; it sounded like a good program. Moved by Higgason, seconded by Arredia, to recommend to the City Council approval of change of ownership of Class A Liquor License for property located at 1553-1559 Ellinwood Street, d/b/a Sim's Bowl, contingent upon verification of fingerprints and final closing on the property. Motion declared carried. 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 June 15, 1998 - Warrant Register, in the amount $2,626,244.22, and further recommend that Resolution R- 41-98 be adopted at appropriate time this evening. Motion declared carried. MODIFICATION Director of Finance Egeberg reviewed his memo of June 10, TO ELECTRIC 1998, regarding the effect of the recent electric UTILITY TAX deregulation. While the deregulation will require COLLECTION: Commonwealth Edison to reduce its electric rates by 15% for residential users beginning August 1, 1998, it will result in a decrease in revenue collected by the municipal electric gross receipts utility tax which will result in a loss of revenue to the City's General Improvement and General Funds. Director of Finance Egeberg stated that there are two different kilowatt usage tax methods that could replace the gross receipt utility tax --Proportional Method and Ten Class Method, or the City can decide to continue to use the gross receipts utility tax and face a reduction in revenue. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that this issue is very confusing; it appears to be fair with a financial benefit to the consumer; a win-win situation; should remain just as it is. Motion by Brookman to recommend to the City Council that the City continue to collect revenue by the municipal electric gross receipts utility tax, failed for lack of a second. Moved by Smith, seconded by Sarlo, to recommend to the City Council that the City adopt the Proportional Method to collect electric tax to replace the gross receipts utility tax, and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Brookman voted no. Mayor Jung assumed the chair and declared the City Council back in session. 6/15/98 PAGE NINE STREET Moved by Higgason, seconded by Arredia, to concur with SWEEPING recommendation of Committee of the Whole that the street PROGRAM: sweeping program be consistent throughout the City; present signs be removed; temporary signs be posted the day before street sweeping is performed, effective July 6, 1998; Staff review other ways to get residents to comply with this program and report back to the Committee; and City Attorney be authorized to draft necessary ordinance. Motion declared carried (further action on this matter under Consent Agenda on July 6, 1998) . CHANGE Moved by Elstner, seconded by Christiansen, to concur ORDER #3/ with recommendation of Committee of the Whole to approve 1998 CIP - Change Order #3 to the 1998 Capital Improvement Program - CONTRACT Contract "A" with Palumbo Brothers, Inc., 321 S. Center "A": Street, Hillside, IL 60162 (awarded by the City Council on February 2, 1998), for repairs to sewers and drainage structures located near the intersection of Walnut and Second Avenues, as identified during television inspection phase of contract, in the amount of $9,390/General Improvement 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. L1Q. LIC./ Moved by Beauvais, seconded by Christiansen, to concur 1553-1559 with recommendation of Committee of the Whole to approve ELLINWOOD: change of ownership of Class A Liquor License for property located at 1553-1559 Ellinwood Street, d/b/a/ Sim's Bowl, contingent upon verification of fingerprints and final closing on the property. Motion declared carried. WARRANT Moved by Christiansen, seconded by Elstner, to concur REGISTER: with recommendation of Committee of the Whole to adopt Resolution R-41-98, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R-41-98 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,626,244.22. 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. MODIFICATION Moved by Christiansen, seconded by Elstner, to concur TO ELECTRIC with recommendation of Committee of the Whole that the UTILITY TAX City adopt the Proportional Method to collect electric COLLECTION: tax to replace the gross receipts utility tax, and City Attorney be authorized to draft necessary ordinance. Upon roll call, the vote was: AYES: 7 -Beauvais, Christiansen, Elstner, Higgason, Sarlo, Smith, Arredia NAYS: 1 -Brookman ABSENT: 0 -None Motion declared carried (further action on this matter under Unfinished Business on July 6, 1998). TREE Moved by Elstner, seconded by Higgason, that City send TRIMMING BY a letter to Commonwealth Edison Company placing a COMMONWEA. moratorium on tree trimming in Des Plaines until a EDISON: meeting can be held on this matter. Upon roll call, the vote was: AYES: 7 -Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 1 -Beauvais ABSENT: 0 -None Motion declared carried (a meeting is scheduled for Tuesday, June 23, 1998). 1 1 6/15/98 PAGE TEN EXECUTIVE Moved by Higgason, seconded by Brookman, to go into SESSION: Executive Session to discuss worker's compensation claims, pending litigation and Executive Session minutes. 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 10:35 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. WORKER'S Moved by Higgason, seconded by Christiansen, to concur COMPENSATION with consensus in Executive Session that Staff be CLAIM: authorized to proceed as directed regarding worker's compensation claim. Upon roll call, the vote was: AYES: 7 -Christiansen, Elstner, Higgason, Brookman, Sarlo, Smith, Arredia NAYS: 0 -None ABSENT: 1 -Beauvais Motion declared carried. EXEC. SESS. Moved by Higgason, seconded by Christiansen, to concur MINUTES/ with consensus in Executive Session to approve Executive 6/1/98: Session minutes of the City Council held June 1, 1998 - AS AMENDED. Motion declared carried. ADJOURNMENT: Moved by Christiansen, seconded by Sarlo, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:06 p.m. APPROVED BY ME THIS 9 Donna McAllister, CMC/AAE - CITY CLERK