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07/06/1998125 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, JULY 6, 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 7:02 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, July 6, 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 Economic Development Klaus, Assistant Director of Finance Placko, Fire Chief Farinella, Police Chief Sturlini, City Engineer Oakley, Director of Community Development D'Onofrio, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel, and City Attorney Wiltse. PRAYER AND PLEDGE: The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. PRESENTATION: Executive Director Suzan Tash, Horizons Children's Center, presented a commemorative plaque to Mayor Jung to recognize Des Plaines for its commitment to quality childcare and early childhood education. Also in attendance was Des Plaines resident, Paul Black, and his Horizon child, Alyssa, 4-1/2 years old. RECOGNITION: Police Chief Sturlini recognized Police Lieutenant William Schneider who recently graduated from the Southern Police Institute Command Officers Development Course with a grade point average of 98.9% for which he received the Directors Award for Academic Achievement. CITIZEN Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the PARTICIPA.: City Council stating his concern about the vandalism that has been occurring on his block and along Forest Avenue; his mailbox was blown up with mail in it; he finds beer cans along the berm on Juno's property where they are also destroying trees; just a few individuals are terrorizing the neighborhood; he might start a neighborhood watch program in his area; this is serious; he suggests the aldermen and staff have a separate meeting to discuss how to control this situation. CONSENT AGENDA: Alderman Smith requested that Item 21 be removed from the Consent Agenda. Moved by Higgason, seconded by Arredia, to establish a Consent Agenda except for Item 21. Motion declared carried. Moved by Elstner, seconded by Higgason, 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-44-98, M-45-98, M- 46-98 and M-47-98 were adopted; Ordinances M-48-98, M-49- 98, and M-50-98 were placed on First Reading; and Resolution R-42-98 was adopted. MINUTES: Consent Agenda FENCE VARIATION/ 1522 CENTER: Consent Agenda RECAPTURE AGREEMENT/ 1444-1446 WEDGEWOOD: Consent Agenda Ordinance M-50-98 LICENSE AGREEMENT/ 691 MIDDLETON: Consent Agenda Ordinance M-48-98 RESCINDING ORDINANCE M-37-98: Consent Agenda Ordinance M-49-98 PAGE TWO Moved by Elstner, seconded by Higgason, minutes of the regular meeting of the City June 15, 1998. Motion declared carried unanimously under Consent Agenda. Moved by Elstner, seconded by Higgason, minutes of Executive Session of the City June 15, 1998. Motion declared carried unanimously under Consent Agenda. Moved by Elstner, seconded by Higgason, to concur with recommendation of Committee of the Whole held June 15, 1998, 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 as approved unanimously under Consent Agenda. 126 7/6/98 to approve Council held as approved to approve Council held as approved Moved by Elstner, seconded by Higgason, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Recapture Agreement with Steve Quinn, Vince Cullotta and Rosalie Cullotta for their recovery of 100% of the total cost of $21,000 for installation of storm water sewer system line extension on property located at 1444 and 1446 (was 1450) Wedgewood Avenue; to be paid by owners of any properties which connect to the line extension; City to become absolute owner of said storm water sewer system line extension at the end of ten years after ordinance is adopted; and further recommend to place on First Reading Ordinance M- 50-98. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Higgason, to advance to Second Reading and adopt Ordinance M-50-98, AN ORDINANCE IN REGARD TO THE CONSTRUCTION OF THE STEVE QUINN, VINCE CULLOTTA AND ROSALIE CULLOTTA MUNICIPAL STORM WATER SEWER EXTENSION AT 1446 (WAS 1450) WEDGEWOOD. 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 Elstner, seconded by Higgason, to concur with Staff recommendation to grant request to permit installation of an underground sprinkler system in City - owned parkway adjacent to property located at 691 Middleton Lane; Mayor and City Clerk be authorized to execute necessary license agreement; and further recommend to place on First Reading Ordinance M-48-98, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH CHRISTOPHER NOWOTARSKI, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN DES PLAINES, ILLINOIS. approved unanimously under FRONT OF 691 MIDDLETON LANE, Motion declared carried as Consent Agenda. Moved by Elstner, seconded by Higgason, to concur with Staff recommendation to rescind Ordinance M-37-98, adopted by the City Council on June 15, 1998, regarding the position of chairperson for the Community Health Advisory Commission, inasmuch as this Commission was abolished by the City Council on March 3, 1997; and further recommend to place on First Reading Ordinance M- 49-98, AN ORDINANCE RESCINDING 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," IN ITS ENTIRETY. Motion declared carried as approved unanimously under Consent Agenda. 127 PAGE THREE 7/6/98 1998 MAINT. Moved by Elstner, seconded by Higgason, to concur with OF MUNICIPAL Staff recommendation to authorize extension of State of STREETS: Illinois Department of Transportation's (IDOT) "Agreement Consent for the Maintenance of Municipal Streets," dated July 6, Agenda 1995, for the period July 1, 1998 to June 30, 1999; IDOT to reimburse the City in the amount of $51,548; and Resolution further recommend to adopt Resolution R-42-98, A R-42-98 RESOLUTION AUTHORIZING THE EXTENSION OF THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION "AGREEMENT FOR THE MAINTENANCE OF MUNICIPAL STREETS," EFFECTIVE JULY 1, 1998, FOR THE COMING YEAR AND TO ACCEPT THE INCREASE IN COMPENSATION THERETO. Motion declared carried as approved unanimously under Consent Agenda. PATIO Moved by Elstner, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for Variation to 670 Section 515.0 of the Building Code, for property located MIDDLETON: at 670 Middleton Lane, to permit construction of an Consent oversized patio that would extend at least 19' from the Agenda building foundation with a total area of approximately 534 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. PATIO Moved by Elstner, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for Variation to 775 Section 515.0 of the Building Code, for property located CITADEL: at 775 Citadel Court, to permit construction of a new Consent patio that would extend 21' from the building foundation Agenda with a total area of approximately 520 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. PATIO Moved by Elstner, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for Variation to 589 Section 515.0 of the Building Code, for property located JON LANE: at 589 Jon Lane, to permit reconstruction of a patio that Consent would extend 14' from the building foundation with a Agenda total area of approximately 423 sq. ft. (Code permits patios to have a total area of 344 sq. ft.). Motion declared carried as approved unanimously under Consent Agenda. PATIO Moved by Elstner, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for Variation to 1164 Section 515.0 of the Building Code, for property located SOUTHEAST: at 1164 Southeast Place, to permit construction of a new Consent patio that would extend 33.17' from the building Agenda foundation with a total area of approximately 352 sq. ft. (Code permits patios to extend up to 15' from the building foundation and have a total area of 344 sq. ft.); and approval be subject to petitioner removing the entire old patio before construction of new patio. Motion declared carried as approved unanimously under Consent Agenda. PATIO Moved by Elstner, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for an "after -the - 329 fact" Variation to Section 515.0 of the Building Code, BENNETT: for property located at 329 Bennett Lane, to permit Consent reconstruction of a patio that would extend up to 19.5' Agenda from the building foundation with a total area of approximately 399 sq. ft. (Code permits patios to extend 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. 128 7/6//98 PAGE FOUR PARKING PAD Moved by Elstner, seconded by Higgason, to concur with VARIATION/ Staff recommendation to grant request for Variation to 1048 Section 111.7.1 of the Building Code, for property HEWITT: located at 1048 Hewitt Drive, to permit construction of Consent a parking pad 6.5' wide and 31' long, adjacent to Agenda existing driveway, for a total width of 18' and have a total area of approximately 527.4 sq. ft. Motion declared carried as approved unanimously under Consent Agenda. SIDEWALK Moved by Elstner, seconded by Higgason, to concur with SALES DAYS/ Staff recommendation to grant request from Des Plaines CHAMBER: Chamber of Commerce and Industry to hold their 42nd Consent Annual City -Wide Sidewalk Sale Days from Thursday, August Agenda 13 through Sunday, August 16, 1998; 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. BID AWARD/ Moved by Elstner, seconded by Higgason, to concur with 1998 LANE Staff recommendation to award bid for 1998 Lane Marking MARKING Contract to the lowest bidder through Northwest Municipal CONTRACT: Conference, Superior Road Striping, 4N 195 Briar Lane, Consent Bensenville, IL 60106, in the not -to -exceed amount of Agenda $6,000/1998 General Funds. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ Moved by Elstner, seconded by Higgason, to concur with 1998 CRACK Staff recommendation to award bid for 1998 Crack Sealing SEALING Contract to the lowest bidder through Northwest Municipal CONTRACT: Conference, Scodeller Construction, Inc., P.O. Box 448, Consent South Lyon, MI 48178, for the bid price of $.984/lb. of Agenda sealant for a not -to -exceed total of $50,000/MFT Section 98-00000-00 GM; and City Clerk be authorized to execute necessary IDOT documents. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ Moved by Elstner, seconded by Higgason, to concur with CONCRETE Staff recommendation to award bid for One (1) Concrete SAW WITH Saw with Blade for the premium Target Tech Pro 65III with BLADE: Blade Red 450B -R (the unit that best met the needs of the Consent Public Works Department) to Portable Tool Sales & Agenda Service, 155 E. North Avenue, Villa Park, IL 60181, in the total amount of $10,016.50/1998 Water Fund. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISING Moved by Elstner, seconded by Higgason, to concur with FOR BIDS: Staff recommendation that City Clerk be authorized to Consent advertise for bids for Removal of an Underground Waste Agenda Oil Tank at the Public Works Department, returnable by 3:00 p.m., Friday, July 24, 1998. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Higgason, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Four (4) 1999 Heavy Duty Dump Trucks, returnable by 3:00 p.m., Friday, July 24, 1998. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Higgason, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Leak Detection, Spill/Overfill Prevention and Cathodic Protection for Two (2) Underground Storage Tanks and Piping at 1420 Miner Street, returnable by 3:00 p.m., Friday, July 31, 1998. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-52-98 STREET SWEEPING AMENDMENT: ORDINANCE M-44-98 LIC. AGREE./ 1320 CALLEN: Consent Agenda ORDINANCE M-45-98 PREVAILING WAGE RATES: Consent Agenda ORDINANCE M-46-98 LIQ. LIC. CLASS CHANGE/ 2300 MANNHEIM: Consent Agenda ORDINANCE M-47-98 LIQ. LIC. CLASS CHANGE/ 901 E. OAKTON ST.: Consent Agenda APPOINTMENTS/ REAPPOINT.: 129 PAGE FIVE 7/6/98 Moved by Smith, seconded by Higgason, to place on First Reading Ordinance M-52-98. Motion declared carried. Moved by Beauvais, seconded by Higgason, to advance to Second Reading and adopt Ordinance M-52-98, AN ORDINANCE DELETING SECTION 10-5-29 "STREET CLEANING," OF CHAPTER 5 "STOPPING, STANDING AND PARKING," TITLE X, OF THE CITY CODE OF DES PLAINES, IN ITS ENTIRETY, AND ADDING THERETO A NEW SECTION 10-5-30 "STREET MAINTENANCE ACTIVITIES." 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 Elstner, seconded by Higgason, to adopt Ordinance M-44-98, AN ORDINANCE 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. Moved by Elstner, seconded by Higgason, to adopt Ordinance M-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. Moved by Elstner, seconded by Higgason, to adopt 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 Elstner, seconded by Higgason, to adopt Ordinance M-37-98, 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 C)NE (1) AND DECREASE THE TOTAL NUMBER OF CLASS E LICENSES BY ONE (1). Motion declared carried as approved unanimously under Consent Agenda. The following appointments/reappointments were presented for consideration: BOARD OF FIRE & POLICE COMMISSIONERS: Reappointment - William Connolly YOUTH COMMISSION: Reappointment - Gerald Fischer Appointment - Christine Schumacher, Gina Morgan, Thomas J. Simeone, Mary Dankowski SPECIAL EVENTS COMMISSION: - Appointments William A. Stagner, Thomas Stettner, Alanson P. "Hap" Holly, Lucille F. Adamick, Marabeth Kime, Patrick M. Snyder II, Richard A. Prochenski, Frederick Quellmaiz, Robbin M. Muhr, Shelby Reese, David Laaser, Nancy Jenkins, Elaine Johnsen, Rhonda Popko, Gloria Keane (final action on this matter under Consent Agenda on July 20, 1998). MAYOR JUNG DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE 130 7/6/98 PAGE SIX LEGAL & LICENSING - Alderman Beauvais, Chair VIDEO GAME- Assistant to the City Manager Johnson reviewed his memo ARCADE ROOM/ of June 22, 1998, regarding the request from the Des D.P. PARK Plaines Park District to permit a video game -arcade room DISTRICT: at the Mountain View Mine Adventure Golf Course on Algonquin Road. A general discussion followed on the hours of operations, number of electric games allowed and whether the variation would be limited to that location. LIQ. LIC./ 299-301 S. RIVER RD.: Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the Committee of the Whole stating his objection to this request; this is going to add more money to a government agency; this is wrong. Mr. David Markworth, Director of Parks & Recreation, Des Plaines Park District, addressed the Committee of the Whole stating that the additional revenue will be used so program fees will not have to be raised. Moved by Brookman, seconded by Higgason, to concur with Staff recommendation and recommend to the City Council to grant request from Des Plaines Park District to permit a video game -arcade room in any recreational facility controlled by the Des Plaines Park District; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Aldermen Elstner and Arredia voted no. Petitioners Stanatis and Jozefa Koutsostamatis were sworn in by the City Clerk and gave testimony before the Committee of the Whole. Moved by Arredia, seconded by Smith, to recommend to the City Council approval of change of majority stockholder of Liquor License for property located at 299-301 S. River Road, d/b/a Steve's Liquors; contingent upon verification of fingerprints. Motion declared carried. COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair ZONING CASE Director of Community Development D'Onofrio reviewed his 98-07-V/ memo of June 26, 1998, regarding the amended request for 75 W. an oversized garage that would measure 24' x 55' ALGONQUIN: (original request was 24' x 72'); the zoning ordinance permits a maximum of 24' x 30'. Mr. D'Onofrio stated that the Zoning Board of Appeals recommended to deny this request, as does the Staff. Mr. Ken Ivaska, 75 W. Algonquin Road, addressed the Committee of the Whole stating that he will not use this oversized garage for anything but storing his classic cars, snowmobile and lawn mower; he wants to get them off the driveway; his neighbors support his request. Mr. Ivaska also stated that the enlarged area will allow him to turn his car around so he does not have to back out onto Algonquin Road; this would be an added safety feature. Moved by Arredia, seconded by Elstner, to recommend to the City Council to grant request for a Variation to Section 3.1.2.11 of the Zoning Code to permit construction of an oversized garage that would measure 24' x 55' in R-2 Single Family Residential District on property located at 75 W. Algonquin Road; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Aldermen Christiansen and Smith voted no. (Further action on this matter under Unfinished Business on July 20, 1998.) a"' AMENDED ZONING ORD. -MAP: WARRANT REGISTER: REVENUE ALTERNATIVES/ LIBRARY DEBT SERVICE: RECESS: 131 PAGE SEVEN 7/6/98 Director of Community Development D'Onofrio reviewed his memo of June 11, 1998, regarding the three (3) non - residentially zoned properties that would be re -zoned to residential on the proposed zoning map. Alderman Higgason asked if these three (3) property owners had been contacted regarding the proposed change to their property. Mr. D'Onofrio said no, but he would be happy to do that. The owner of the property at 1840 Busse Highway addressed the Committee of the Whole asking for a clarification of what is being proposed for the Busse Highway and Dempster Street triangle; he is confused. Mr. D'Onofrio stated that the property is proposed to be zoned C-2 Limited Office Commercial. Alderman Beauvais stated that she would like that property to remain M-2 General Manufacturing. Mrs. Kathy Krus, 888 Mason Lane, addressed the Committee of the Whole stating that she is against condos or townhomes being built in the Busse Highway and Dempster Street triangle area because of the danger of more flooding; an office building or manufacturing facility would be OK. Alderman Beauvais stated that she has several property owners that should be contacted about the proposed changes to their property. Mr. D'Onofrio said he would do that. Moved by Beauvais, seconded by Arredia, to recommend to the City Council, re proposed zoning map changes, that Parcel 43 - Busse Highway and Dempster Street, remain M-2 General Manufacturing; Staff meet with owners of: Parcel 27 - Southeast corner of River Road and Mill Street; Parcel 36 - 346 Potter Road; Parcel 38 - Potter Road between Ballard Road and Seminary Avenue; Parcel 39 - 2501 Ballard Road; and Parcel 54 - 1000-1014 Prairie Avenue; to review with them the proposed changes to their property; and report back to Committee. Motion declared carried. Alderman Smith voted no. (Further action on this matter under Unfinished Business on July 20, 1998.) FINANCE & ADMINISTRATION - Alderman Christiansen, Chair Moved by Arredia, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council approval of July 6, 1998 - Warrant Register, in the amount $2,701,682.17, which includes $1,565.26 in expenditures to Home Depot; and further recommend that Resolution R- 43-98 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving the $1,565.26 in expenditures to Home Depot. - conflict of interest). Moved by Brookman, seconded by Arredia, to recommend to the City Council that the matter of Revenue Alternatives for the Library Debt Service be tabled until August 3, 1998. Upon roll call, the vote was: AYES: 4 -Christiansen, Elstner, Brookman, Arredia NAYS: 4 -Beauvais, Higgason, Sarlo, Smith ABSENT: 0 -None Motion declared failed (a tie vote is a failed vote). Moved by Christiansen, seconded by Elstner, that there be a five (5) minute recess. Motion declared carried. The Committee of the Whole recessed at 9:05 p.m. The Committee of the Whole reconvened at 9:14 p.m. 132 7/6/98 PAGE EIGHT LIBRARY Moved by Christiansen, seconded by Arredia, to recommend (Cont'd.) to the City Council that the matter of Revenue Alternatives for the Library Debt Service be tabled until it can be discussed at a Special Meeting of the City Council to be held Thursday, July 16, 1998 at 7:00 p.m. in Room 102 of City Hall. Upon roll call, the vote was: AYES: 6 -Beauvais, Christiansen, Elstner, Brookman, Sarlo, Arredia NAYS: 2-Higgason, Smith ABSENT: 0 -None Motion declared carried. Mayor Jung assumed the chair and declared the City Council back in session. FENCE Moved by Christiansen, seconded by Arredia, to concur VARIATION/ with recommendation of Committee of the Whole held June 1152 E. 15, 1998, to grant request for an "after -the -fact" WALNUT: 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 and extend 8' along the east side of the property (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. ELECTRIC Moved by Higgason, seconded by Brookman, to suspend the UTILITY TAX/ rules to permit public input on this matter. Motion PROPORTIONAL declared carried. METHOD: Mr. Vince Powers, 862 Webster Lane, addressed the City Ordinance Council stating his opposition to this ordinance; it is M-51-98 debatable whether the street program really needs the revenue that would be lost when Commonwealth Edison reduces its electric rates by 15% for residential users beginning August 1, 1998; his street hasn't been done in 30 years --he is happy to wait his turn; compare your June, 1997 bill to your June, 1998 bill. Mr. Joe Botte, 560 Webford Avenue, addressed the City Council asking whether the collection would be at the kilowatt hour fee or added at the bottom of the bill where the resident would pay more. City Manager Douthwaite stated that to the best of his understaning, the collection is at the kilowatt hour fee. Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the City Council stating that his bill has increased to 3.3% why wasn't he told that his bill would go up; Commonwealth Edison is out of control. Following further discussion, Mayor Jung stated that this matter would be held and discussed again under Unfinished Business on July 20, 1998. MORATORIUM/ Moved by Elstner, seconded by Christiansen, to concur COMM. EDISON with recommendation of Committee of the Whole held June TREE MAINT. 23, 1998, that the moratorium, regarding on-going PROGRAM: maintenance tree trimming by Commonwealth Edison, remain in effect until the committee appointed by Mayor Jung, Resolution consisting of: Alderman Elstner (Chair), Alderman R-44-98 Higgason, Commonwealth Edison representative, Public Works Department representative, and two (2) residents, Cathy Lech and Bob Suriano, meet within the next two (2) months or sooner and report back to the Committee of the Whole; the moratorium does not include emergency tree TREES (Cont'd.) VIDEO GAME - ARCADE ROOM/ D.P. PARK DISTRICT: LIQ. LIC./ 299-301 S. RIVER RD.: WARRANT REGISTER: Resolution R-43-98 SINGLE BID/ TELEPHONE SYSTEM AT FIRE STATIONS: BUILDING VARIATION APPLICATION FEE: REVENUE ALTERNATIVES/ LIBRARY DEBT SERVICE: 133 PAGE NINE 7/6/98 cutting procedures; and further recommend to adopt Resolution R-44-98, A RESOLUTION IMPOSING A MORATORIUM ON THE COMMONWEALTH EDISON TREE TRIMMING MAINTENANCE PROGRAM. Upon roll call, the vote was: AYES: 5 -Christiansen, Elstner, Brookman, Arredia, Jung NAYS: 4 -Beauvais, Higgason, Sarlo, Smith ABSENT: 0 -None Motion declared carried. Moved by Beauvais, seconded by Brookman, to concur with recommendation of Committee of the Whole to grant request from Des Plaines Park District to permit a video game - arcade room in any recreational facility controlled by the Des Plaines Park District; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Arredia voted no. (Further action on this matter under Unfinished Business on July 20, 1998.) Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole to approve change of majority stockholder of Liquor License for property located at 299-301 S. River Road, d/b/a Steve's Liquors; contingent upon verification of fingerprints. Motion declared carried. Moved by Christiansen, seconded by Arredia, to concur with recommendation of Committee of the Whole to adopt Resolution R-43-98, 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: $2,701,682.17, which includes $1,565.26 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 $1,565.26 in expenditures to Home Depot). Moved by Higgason, seconded by Sarlo, to authorize City Clerk to open single bid received on Friday, June 26, 1998, for Installation of a Telephone System at Fire Station #1, #2 and #3. Motion declared carried. Alderman Beauvais voted no. City Clerk McAllister opened the bid and announced that it was from Call Communications, Inc., 837 S. Westmore, Suite B-41, Lombard, IL 60148, in the amounts of: Fire Station #1 - $2,803.67 Fire Station #2 - $3,472.63 Fire Station #3 - $3,096.54 Mayor Jung referred the bid to Staff for review and report. Moved by Arredia, seconded by Brookman, that in the case where a property owner is proposing to reconstruct (one- for-one replacement) a patio or driveway where the exiting improvement is non -conforming, the variation application fee be waived, however, the property owner must still apply for a variation, a permit and pay all applicable building permit fees; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Christiansen, seconded by Brookman, to concur with recommendation of Committee of the Whole that the matter of Revenue Alternatives for the Library Debt Service be tabled until it can be discussed at a Special Meeting of the City Council on Thursday, July 16, 1998 at 7:00 p.m. in Room 102 of City Hall. Motion declared carried. cok 134 7/6/98 PAGE TEN ADJOURNMENT: Moved by Sarlo, seconded by Christiansen, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:21 p.m. 1 APPROVED BY ME THIS 21 sr DAY Old vu , 1998 Paul W /i )'g, MAYOR 1 1 Donna McAllister, CMC/AAE - CITY CLERK