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08-16-1999074 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS I DES PLAINES CIVIC CENTER I MONDAY I AUGUST 16, 1999 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 16 , 1999. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia. Also present were: City Manager Douthwaite, Assistant to the City Manager Johnson, Director of Finance Egeberg, Fire Lt. Heavey, Police Chief Sturlini, Director of Public Works Killian, City Engineer Oakley, Director of Community Development D'Onofrio, Director of Human Resources & Services Merriman, and Assistant City Attorney Bartel. PRAYER AND PLEDGE: PRESENTATION: CONSENT AGENDA: DEDICATION OF ALLEY/ RALPH MARTIN: Consent Agenda Ordinance M-41-99 The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. The 1999 July 4th Parade Chair Jean Marella presented award certificates to the Parade entry winners on behalf of the Des Plaines Area Jaycees: Best Commercial: Jewel Food Store Best Non-Commercial: Des Plaines Moose Lodge Best Antique Car: Wallace Howard (Kruses) Best Overall: St. Zachary's Church Most Creative: YMCA Neptune Swim Team Chair Marella expressed her appreciation to the City, Aldermen Christiansen and Elstner, parade participants and the residents for their support of this worthwhile community event. Alderman Brookman requested that Items 4 and 4a be removed from the Consent Agenda and Alderman Christiansen requested that Items 8 and 8a be removed. Moved by Arredia, seconded by Sayad, to establish a Consent Agenda except for Items 4, 4a, 8 and 8a. Motion declared carried. Moved by Beauvais, seconded by Christiansen, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-38-99 and M-39-99 were adopted; Ordinances M-41-99, Z-20-99, and Z-21-99 were placed on First Reading; and Resolutions R-47-99, R-48-99 and R-49-99 were adopted. Moved by Beauvais, seconded by Christiansen, to dedicate alleyway between Prairie Avenue and Thacker Street, behind Kunkel Real Estate, in memory of Ralph Martin, a long-time resident, for his many contributions to our city; Public Works Department be authorized to erect appropriate signs; and place on First Reading Ordinance M-41-99, AN ORDINANCE PROVIDING FOR THE DEDICATION OF AN ALLEYWAY IN MEMORY OF RALPH MARTIN, THE SECTION OF ALLEY BETWEEN PRAIRIE AVENUE AND THACKER STREET BEHIND KUNKEL REAL ESTATE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASES 99-24-V AND 99-25-A REZON. &: VARIATION/ FIRST AVE. &: THACKER: Consent Agenda ORDINANCE Z-20-99 ZONING CASE 99-49-CU CONDIT. USE/ 1649 OAKTON PL.: Consent Agenda Ordinance Z-21-99 ZONING CASE 99-51-V VARIATION/ 2600 SCOTT: Ordinance Z-22-99 ENGRG. STUDY OF S-CURVE AGREE./ TRANSYSTEM: Consent Agenda Resolution R-47-99 075 8/16/99 PAGE TWO Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Des Plaines Plan Commission and Zoning Board of Appeals, re Cases 99-24-V and 99-25-A, to grant request to rezone property located at northeast corner of First Avenue and Thacker Street from C-1 Neighborhood Shopping to M-1 Limited Manufacturing; grant request for variations to permit a lot area of 0.42 acres instead of the minimum five (5) acres; to permit perimeter parking lot landscaping of 3.5' instead of the of the required minimum of 7', and further recommend to place on First Reading Ordinance Z-20-99, AN ORDINANCE ISSUING A MAP AMENDMENT TO THE CITY OF DES PLAINES ZONING ORDINANCE, SECTION 3. 7-5, TO REZONE C-1 NEIGHBORHOOD SHOPPING TO M-1 LIMITED MANUFACTURING, AND TO SECTION 7.4-2 GRANTING A VARIATION TO PERMIT LOTS LESS THAN FIVE ACRES IN SIZE, AND TO SECTION 10.8-3C, PERIMETER PARKING LOT LANDSCAPING, OF THE CITY OF DES PLAINES ZONING ORDINANCE, AT THE NORTHEAST CORNER OF FIRST AVENUE AND THACKER STREET (CASE 99-24-V AND 99-25-A) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Case 99-49-CU, to grant request for Conditional Use to permit a wholesale fresh fish establishment in C-3 General Commercial District on property located at 1649 Oakton Place; and further recommend to place on First Reading Ordinance Z-21-99, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW A WHOLESALE GOODS ESTABLISHMENT IN C-3 GENERAL COMMERCIAL, AT 1649 OAKTON PLACE, DES PLAINES, ILLINOIS (CASE 99-49-CU) . Motion declared carried as approved unanimously under Consent Agenda. Alderman Brookman asked the City Council if they would consider waiving the variation fee since the petitioner did not create the problem; the previous owner erected the accessory structure. Moved by Becker, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Case 99-51-V, to grant request to permit an existing 13' x 22' second accessory structure to remain instead of the maximum permitted 10' x 12', in R-1 Single-Family Residential District on property located at 2600 Scott Street, and variation fee of $220 be waived; and further recommend to place on First Reading Ordinance Z-22-99, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.1-3-E, ACCESSORY USES AND STRUCTURES, OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A SECONDARY ACCESSORY STRUCTURE AT 2600 SCOTT STREET, DES PLAINES, ILLINOIS (CASE 99-51-V). Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Christiansen, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute Engineering Study of S-Curve Agreement with TranSystems Corporation, 1051 Perimeter Drive, Suite 1025, Schaumburg, IL 60173 (approved by the City Council on July 6, 1999), for the Wisconsin Central Railroad Crossings (S-Curve) ; and further recommend to adopt Resolution R-47-99, A RESOLUTION AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT BETWEEN THE CITY OF DES PLAINES AND TRANSYSTEMS CORPORATION FOR A FEASIBILITY STUDY REGARDING THE "S" CURVE ON U.S. ROUTE 14 IN DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. MUTUAL ASSISTANCE AGREEMENT/ EMAs: Consent Agenda Resolution R-48-99 ACCEPT. OF PUB. IMPROV./ DELGADO THIRD RESUBDIV.: Consent Agenda Resolution R-49-99 LOCAL LAW ENFORCEMENT GRANT FUNDS: Resolution R-50-99 1999-2000 CDBG ACTION PLAN AND BUDGET: Consent Agenda SITE SURVEY/ PUB. WORKS FACILITY: Consent Agenda 076 8/16/99 PAGE THREE Moved by Beauvais, seconded by Christiansen, to concur with Staff recommendation that City be authorized to enter into a Mutual Assistance Agreement with the Emergency Management Agencies (EMAs) of Maine Township, the Village of Mt. Prospect and the Village of Morton Grove, to coordinate resource management and efficient communications during times of emergency, to coordinate inter-agency training; and further recommend to adopt Resolution R-48-99, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO A MUTUAL ASSISTANCE AGREEMENT WITH MAINE TOWNSHIP, THE VILLAGES OF MORTON GROVE AND MOUNT PROSPECT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Christiansen, to concur with Staff recommendation to accept Public Improvements that include sanitary sewers, catch basins, driveway aprons and parkway restoration for Delgado's Third Resubdivision, northeast corner of Lincoln Avenue and Oxford Road; authorize release of public improvement surety of $21,458.80 and the cash guarantee (tree bond) of $1,200 (cash warranty of $4,877 to be held for 18 months); and further recommend to adopt Resolution R-49- 99, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR THE DELGADO'S THIRD RESUBDIVISION AT THE NORTHEAST CORNER OF LINCOLN AVENUE AND OXFORD ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Brookman, to concur with Staff recommendation that Police Department be authorized to apply for Local Law Enforcement Block Grant Program funds through the U.S. Department of Justice, Bureau of Justice Assistance, in the amount of $21,809 to underwrite projects to reduce crime and improve public safety, contingent upon City providing $2,181 in matching funds; Mayor and City Clerk be authorized to execute necessary document; and further recommend to adopt Resolution R-50-99, A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR GRANT FUNDING AVAILABLE UNDER THE "LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM," AUTHORIZING THE EXECUTION OF SUCH DOCUMENTS AS ARE NECESSARY TO ACCEPT SUCH GRANT FUNDING, AND AUTHORIZING THE CITY TO PROVIDE MATCHING FUNDS FOR SAID GRANT. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Beauvais seconded by Sayad, to concur with Staff recommendation that Mayor be authorized to sign the Housing and Community Development Action Plan for Community Development Block Grant (CDBG) Program Year 1999 (October 1, 1999 -September 30, 2000) for a total amount of $314,000; as presented at a Public Hearing held July 15, 1999; and submit all to the U.S. Department of Housing and Urban Development (HUD) no later than August 15, 1999. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Christiansen, to concur with Staff recommendation to accept proposal from Sheets Surveying Service, 6517 Ridgeview, Huntley, IL 60142, to provide a Topographical Survey for Public Works Facility at 1111 Joseph J. Schwab Road, in the amount of $6,360/Building & Grounds Fund. Motion declared carried as approved unanimously under Consent Agenda. PATIO VARIATION/ 711 CASTLEREA: Consent Agenda BID AWARD/ LEAF LOADERS: Consent Agenda ORDINANCE M-38-99 REDUCE CLASS A LIQ. LIC.: Consent Agenda ORDINANCE M-39-99 LIC. AGREE./ 193 CORNELL: Consent Agenda ZONING CASE 99-13-CU 1501 RIVER: ZONING CASE 99-41-V 1088 LEAHY CIRCLE E.: 1999-2000 HEALTH & LIFE INSUR. RATES: 077 8/16/99 PAGE FOUR Moved by Beauvais, seconded by Christiansen, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code to permit construction of an oversized patio that would extend up to 21' from the building foundation (Code permits patios to extend up to 15' from the building foundation), on property located at 711 Castlerea Lane. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Christiansen, to concur with Staff recommendation to award bid for Two (2) New Current Production Model Large Trailer-Mounted Yard Waste Collectors (Leaf Loaders) to the lowest bidder, ODB, 5118 Glen Alden Drive, Richmond, VA 23231, in the total bid amount of $36,840/1999 CERF. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Christiansen, to adopt Ordinance M-38-99, AN ORDINANCE AMENDING SECTION 5-34-18 "LICENSE LIMITATIONS" OF THE CITY CODE OF DES PLAINES, TO REDUCE THE NUMBER OF CLASS A LICENSES BY ONE TO BE 32, DUE TO THE CLOSING OF THE ZODIAC RESTAURANT AT 1504 MINER STREET, DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Christiansen, to adopt Ordinance M-39-99, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH FRED RAUSCHERT, PROPERTY OWNER, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 193 CORNELL AVENUE, DES PLAINES, ILLINOIS. 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 COMMUNITY DEVELOPMENT Alderman Arredia, Chair Moved by Arredia, seconded by Sayad, to recommend to the City Council to table Zoning Case 99-13-CU, a request for a Conditional Use to permit a place of worship on property located at 1501 River Road. Motion declared carried. Moved by Elstner, seconded by Brookman, to recommend to the City Council to table Zoning Case 99-41-V, a request to construct a second garage on property located at 1088 Leahy Circle East. Motion declared carried. FINANCE & ADMINISTRATION -Alderman Christiansen, Chair Director of Finance Egeberg reviewed his memo of August 6, 1999, outlining his recommendation for approval of premium rates for the medical and health insurance program on a one-year lapse basis, which means that the actuarilly determined medical and dental rates charged to each Department and to the retirees, for the current program year, will be last year's rates; the rates determined for the October 1, 1999 program year would subsequently be effective for October 1, 2000. Moved by Arredia, seconded by Becker, to concur with Staff recommendation and recommend to the City Council to accept proposed changes to 1999-2000 Health Insurance Rates as listed in Resolution R-51-99; and further recommend that Resolution R-51-99 be adopted at appropriate time this evening. Motion declared carried~ WARRANT REGISTER: LIQ. LIC./ 1950 E. TOUHY AVE.: LIQ. LIC./ 638 w. ALGONQUIN: SKATEBOARDING ORDINANCE: 078 8/16/99 PAGE FIVE Moved by Sayad, seconded by Becker, to concur with Staff recommendation and recommend to the City Council approval of August 16, 1999 -Warrant Register in the amount of $4,557,223.91; and further recommend that Resolution R- 52-99 be adopted at appropriate time this evening. Motion declared carried. LEGAL & LICENSING Alderman Beauvais, Chair Moved by Beauvais, seconded by Christiansen, to recommend to the City Council to table request for new Class B Liquor License for property located at 1950 E. Touhy Avenue, d/b/a 7-Eleven. Motion declared carried. Petitioner Un Sook Sin was sworn in by the City Clerk and gave testimony regarding her request for a Change of Ownership for Class E Liquor License for property located at 638 W. Algonquin Road, d/b/a New Seoul Restaurant. Alderman Sayad stated that he has a problem with the application; not complete; is concerned that the petitioner cannot speak English; application should be filled out properly. Aldermen Smith stated that the application could be approved contingent upon the application being properly completed. Alderman Arredia stated that he agreed with Alderman Sayad; the form should be filled out correctly. Alderman Brookman questioned Police Chief Sturlini whether he feels this application should be approved tonight. Police Chief Sturlini said no; not with what has been brought up tonight. Alderman Sayad also stated his concerned about the TIPs training; the City cannot provide an interpreter; we have to make sure the petitioner understands what is required. Moved by Beauvais, seconded by Brookman, to recommend to the City Council that petitioner resubmit the application for a Change of Ownership for a Class E Liquor License for property located at 638 W. Algonquin Road, d/b/a New Seoul Restaurant, in complete format; and all people involved with the operation of this restaurant attend the TIPs training (Training for Interventions & Procedures) . Motion declared carried. Assistant to the City Manager Johnson reviewed his memo of August 5, 1999, which, as instructed by the City Council, provided a draft skateboarding ordinance to address complaints received primarily from businesses and residential buildings in the downtown area. Mr. Johnson stated that the Staff recommends restricting the use of skateboards and other devices on public infrastructure located in the Central Business District; private property owners should post signage prohibiting such activity and then contact the Police Department if violations occur. Alderman Arredia stated that he is confused; he is not sure how the Police Department will enforce this ordinance. Alderman Sayad stated that he is alsq confused; this ordinance talks about trespassing; he doesn't think this is the way to go; he doesn't think a $5 or $10 fine is going to make a difference. SKATEBOARDING (Cont'd.) 079 8/16/99 PAGE SIX Mayor Jung stated that there is a need for an ordinance with some teeth in it; he encouraged the aldermen to pass some kind of ordinance to control skateboarding. Alderman Smith stated that he supports this ordinance but the fine is too low; perhaps offenders could perform some community service. Alderman Becker stated that he doesn't think a fine of $5 or $10 is sufficient; perhaps ten (10) hours of community service. Police Chief Sturlini stated that the problem with community service is that you would have to have a police officer or community service officer supervise the offender(s) while they are doing the community service. Alderman Arredia stated that he is against this ordinance; kids will find a way to skateboard. Alderman Elstner stated that he believes we need a skateboarding ordinance for the Central Business District; we should start with what we have; we can always amend the ordinance. Moved by Elstner, seconded by Smith, to concur with Staff recommendation and recommend to the City Council to approve the proposed skateboarding ordinance for the Central Business District with a fine of not less than $5 nor more than $10 for each violation; and Ordinance M-42-99 be placed on First Reading at appropriate time this evening. Alderman Sayad stated that community service is not the way to go; the fine should be increased. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that he thinks too much is being made of this skateboarding problem; we are going to have sign pollution; this can be controlled without going through an ordinance; the businesses should tell the kids not to skateboard. Alderman Smith stated that he is withdrawing his second to the motion (without a second, there is no motion on the table) . Moved by Smith, seconded by Christiansen, to recommend to the City Council that the proposed skateboarding ordinance be referred back to Staff for further review and recommendations regarding the fines. Alderman Brookman stated that she is totally opposed to community service; there should be a fine. Motion declared failed on Alderman Smith's motion. Aldermen Becker, Smith and Christiansen voted yes; Aldermen Beauvais, Elstner, Sayad, Brookman and Arredia voted no. Moved by Beauvais, seconded by Elstner, to concur with Staff recommendation and recommend to the City council to approve proposed skateboarding ordinance for the Central Business District with a fine of not less than $5 nor more than $10 for each violation; and Ordinance M-42-99 be placed on First Reading at appropriate time this evening. Moved by Sayad, seconded by Brookman, to recommend to the City Council that proposed skateboarding ordinance be approved with the amendment that the $5 fine be increased to $10 and the $10 fine be increased to $25. Motion declared failed. Aldermen Elstner, Sayad and Brookman voted yes. Aldermen Beauvais, Christiansen, Smith, Becker and Arredia voted no. SKATEBOARDING (Cont'd.) ORDINANCE M-40-99 VEHICLE STICKER APPLICATION AMENDMENT: ZONING CASE 99-44-V VARIATION/ 450 WESTERN: Ordinance Z-18-99 EXEC. SESS. MINUTES/ 7/19/99: ZONING CASE 99-13-CU 1501 RIVER: ZONING CASE 99-41-V 1088 LEAHY CIRCLE E.: 1999-2000 HEALTH & LIFE INSUR. RATES: Resolution R-51-99 WARRANT REGISTER: Resolution R-52-99 080 8/16/99 PAGE SEVEN Motion declared failed on Alderman Beauvais's motion. Aldermen Beauvais, Elstner, Sayad, Brookman voted yes; Aldermen Christiansen, Becker, Smith and Arredia voted no. A tie vote is a failed vote (this matter will be reported out again under New Business later in the evening) . MAYOR JUNG ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Brookman, seconded by Sayad, to adopt Ordinance M-40-99, AN ORDINANCE AMENDING TITLE X, "TRAFFIC," CHAPTER IX, "LICENSE," SECTION 4 "VEHICLE LICENSE FEES" OF THE DES PLAINES CITY CODE TO ADD A GRACE PERIOD TO THE SCHEDULE OF FEES. Upon roll call, the vote was: AYES: 5-Beauvais, Elstner, Sayad, Brookman, Jung NAYS: 4-Christiansen, Becker, Smith, Arredia ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Elstner, to table the recommendation of the Des Plaines Zoning Board of Appeals, re Case 99-44-V, for property located at 450 Western Avenue, to grant request for Variation to permit location of three (3) temporary trailers not on the building site but next door on the vacant property located at 1100 Northwest Highway in M-2 General Manufacturing District, and the placement of Ordinance Z-18-99 on First Reading, for further review. Motion declared carried (further action on this matter under Unfinished Business on September 7, 1999). Moved by Brookman, seconded by Smith, to hold the Executive Session minutes of the City Council meeting of July 19, 1999, for discussion in Executive Session later in the meeting. Motion declared carried. Moved by Arredia, seconded by Elstner, to concur with recommendation of Committee of the Whole to table Zoning Case 99-13-CU, a request for a Conditional Use to permit a place of worship on property located at 1501 River Road. Motion declared carried. Moved by Arredia, seconded by Elstner, to concur with recommendation of Committee of the Whole to table Zoning Case 99-41-V, a request to construct a second garage on property located at 1088 Leahy Circle East. Motion declared carried. Moved by Christiansen, seconded by Brookman, to concur with recommendation of Committee of the Whole to accept proposed changes to 1999-2000 Health Insurance Rates as listed in Resolution R-51-99; and adopt Resolution R-51- 99, A RESOLUTION ADOPTING PREMIUM RATES AND CONTRIBUTIONS TO THE HEALTH AND LIFE INSURANCE BENEFIT PLANS FOR THE CITY OF DES PLAINES FOR THE PLAN YEAR COMMENCING OCTOBER 1, 1999. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-52-99, 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: $4,557,223.91. Upon roll call, the vote was: WARRANT (Cont'd. ) LIQ. LIC./ 1950 E. TOUHY AVE.: LIQ. LIC./ 638 w. ALGONQUIN: SKATEBOARDING ORDINANCE: Ordinance M-42-99 EXECUTIVE SESSION: EXEC. SESS. MINUTES/ 7/19/99: PENDING LITIGATION/ T. HEAVEY V. CITY: 081 8/16/99 PAGE EIGHT AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole to table request for new Class B Liquor License for property located at 1950 E. Touhy Avenue, d/b/a 7-Eleven. Motion declared carried. Moved by Beauvais, seconded by Brookman, to concur with recommendation of Committee of the Whole that petitioner resubmit the application for Change of Ownership of a Class E Liquor License for property located at 638 W. Algonquin Road, d/b/a New Seoul Restaurant, in complete format; and all people involved with the operation of this restaurant attend the TIPs training (Training for Interventions & Procedures) . Motion declared carried (further action on this matter under Committee of the Whole on September 7, 1999). Moved by Beauvais, seconded by Brookman, to approve motion that failed in Committee of the Whole, to approve proposed skateboarding ordinance for the Central Business District with a fine of not less than $5 nor more than $10 for each violation; and place on First Reading Ordinance M-42-99, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 6, "MISCELLANEOUS DRIVING RULES," SECTION 8 I "USE OF COASTERS I ROLLER SKATES I SIMILAR DEVICES, " TO PROHIBIT THE USE OF ROLLER BLADES AND SIMILAR DEVICES ON STREETS AND TO PROHIBIT SKATEBOARDING OR SIMILAR ACTIVITIES ON PUBLIC INFRASTRUCTURE LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT. Upon roll call, the vote was: AYES: 5-Beauvais, Elstner, Sayad, Brookman, Jung NAYS: 4-Christiansen, Becker, Smith, Arredia ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Brookman, to go into Executive Session to discuss Executive Session minutes and pending litigation. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. The City Council recessed at 9:03 p.m. The City Council reconvened at 10:15 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia. Moved by Beauvais, seconded by Sayad, to concur with consensus in Executive Session that the Executive Session minutes of the City Council meeting of July 19, 1999, be amended as discussed. Motion declared carried. Moved by Beauvais, seconded by Sayad, to concur with majority agreement in Executive Session regarding pending litigation -Thomas Heavey v. City. Upon roll call, the vote was: AYES: 6-Beauvais, Elstner, Sayad, Brookman, Becker, Arredia NAYS: 2-Christiansen, Smith ABSENT: 0-None Motion declared carried. PENDING LITIGATION/ LANGLOTZ V. CITY: PENDING LITIGATION/ FOSTER V. CITY: ADJOURNMENT: 082 8/16/99 PAGE NI;NE Moved by Beauvais, seconded by Brookman, to concur with majority agreement in Executive Session regarding pending litigation -Sharon Langlotz v. City. Upon roll call, the vote was: AYES: 6-Beauvais, Elstner, Sayad, Brookman, Becker, Smith NAYS: 2-Christiansen, Arredia ABSENT: 0-None Motion declared carried. Moved by Beauvais, seconded by Christiansen, with majority agreement in Executive Session pending litigation -Stephen Foster v. City. call, the vote was: AYES: 6-Beauvais, Christiansen, Elstner, Becker, Smith, Arredia NAYS: 2-Sayad, Brookman ABSENT: 0-None Motion declared carried. to concur regarding Upon roll Moved by Brookman, seconded by Elstner, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:17 p.m. Donna McAllister, CMC/AAE -CITY CLERK APPROVED BY ME THIS 1999 I MAYOR