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02/03/1997113. 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, FEBRUARY 3, 1997 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Ted Sherwood at 7:00 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, February 3, 1997. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. Also present were: City Treasurer Fredricks, City Manager Douthwaite, Director of Economic Development Klaus, Director of Finance & Administration Egeberg, Police Captain Meese, Deputy Fire Chief Pratt, Public Works Director Shirley, Community Development Director D'Onofrio, City Engineer Oakley, and City Attorney Wiltse. PRAYER AND PLEDGE: The opening prayer was given by Pastor Mark Wiberg, Trinity Lutheran Church, followed by the Pledge of Allegiance to the Flag. PRESENTATION/ City Manager Douthwaite introduced Wayne Laursen, Public Commonwealth Affairs Officer for Commonwealth Edison Company's Mt. Edison: Prospect Office, who in turn introduced Rich Mullen, Superintendent of Maintenance - Construction Group. Mr. Laursen explained how major power outages are handled; they have a 24 -hour toll -free telephone service; all calls are recorded and tracked electronically which allows Edison to quickly and accurately analyze problems and restore service. Mr. Laursen stated that they are looking at ways to improve this service to meet the growing needs of its customers. CONSENT Alderman Christiansen requested that Item 16 be removed AGENDA: from the Consent Agenda. Moved by Higgason, seconded by Curley, to establish a Consent Agenda except for Item 16. Motion declared carried. Moved by Elstner, seconded by Beauvais, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. The minutes are approved. The Staff recommendations and requests are approved; Ordinances M -3 -97, M -4 -97, M -5 -97 and Z -1 -97 were adopted; Ordinances M -6 -97, M -7 -97, T -2- 97, T -3 -97, Z -2 -97, and Z -3 -97 were placed on First Reading; and Resolution R -7 -97 was adopted. MINUTES: Moved by Elstner, seconded by Beauvais, to approve Consent minutes of regular meeting of the City Council held Agenda January 20, 1997, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to approve minutes of Executive Session of the City Council held January 20, 1997. Motion declared carried as approved unanimously under Consent Agenda. PUMP REPLAC./ OAKTON ST. DETENTION BASIN: Consent Agenda CIVIC CENTER AIR CONDIT. SYSTEM: Consent Agenda PUBLIC WKS. STANDBY GENERATOR: Consent Agenda MASSAGE PARLORS AMENDMENT: Consent Agenda Ordinance M -6 -97 MEMBERSHIP/ KEEP D.P. BEAUTIFUL COMMISSION: Consent Agenda Ordinance M -7 -97 TRAFFIC RESTRICTION/ DANBURY AND ROXBURY: Consent Agenda PAGE TWO 114. 2/3/97 Moved by Elstner, seconded by Beauvais, to concur with recommendation of Committee of the Whole held January 20, 1997, to accept proposal from Peerless- Midwest, Inc., 51255 Bittersweet Road, P.O. Box 26, Granger, IN 46530, for purchase of One (1) Crissifulli Dewater Pump for the Oakton Street Detention Basin, located south of City's water tower, just west of Mt. Prospect Road on Oakton Street, to replace 20+ year old vertical manhole -style pump, in the amount of $16,820/1997 Sewer Division Funds; and that it is in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with recommendation of Committee of the Whole held January 20, 1997, to accept proposal, in the amount of $7,000, from WCW Engineers, Inc., 1105 Tower Lane, Bensenville, IL 60106, for specification preparation, bid review and award recommendation for replacement of existing Air Cooled Condensing Units of Civic Center Air Conditioning System (this project is Option No. 1 of WCW Engineers' study authorized by the City Council on July 1, 1996). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with recommendation of Committee of the Whole held January 20, 1997, that funds in the amount of $49,261 be allocated from the 1997 General Fund Contingency Account to pay for the balance due on the new Standby Generator and Transfer Switch awarded to R. Lederleitner, Ltd., 700 E. Northwest Highway, Arlington Heights, IL 60004, on September 16, 1996 (total bid amount of $69,261 /Budgeted Funds), because the generator installation will not be completed until late January or early February of 1997 due to ordering and delivery delays, and these monies were returned to the General Fund Reserve when they were not expended in 1996. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, that pursuant to direction of the City Council on January 20, 1997, Title V, Chapter 6 - "Massage Parlors," Section 5- 6- 12(A)11. of the City Code be amended to delete requirement regarding doors, curtains, drapes and similar items; add new Section 5 -6 -22 - "Severability;" and further recommend to place on First Reading Ordinance M -6 -97, AN ORDINANCE AMENDING SECTION 5- 6- 12(A)11. "FACILITY REQUIREMENTS," OF CHAPTER 6 "MASSAGE PARLORS," TITLE V, OF THE CITY CODE OF DES PLAINES AND FURTHER AMENDING SAID CHAPTER 6, TITLE V, TO ADD THERETO A NEW SECTION 5 -6 -22 "SEVERABILITY." Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to amend Title II, Chapter 7, Section 2 -7 -1, of the City Code, to increase membership of Keep Des Plaines Beautiful Commission from nine (9) to eleven (11) , members and quorum from five (5) to six (6) members; and further recommend to place on First Reading Ordinance M -7 -97, AN ORDINANCE AMENDING SECTION 2 -7 -1 "KEEP DES PLAINES BEAUTIFUL COMMISSION ESTABLISHED," OF CHAPTER 7, TITLE II, OF THE CITY CODE OF DES PLAINES TO INCREASE THE TOTAL NUMBER OF COMMISSION MEMBERS TO ELEVEN (11). Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to amend, Title X, Chapter 7, Section 10- 7 -3(A) - "One -Way Stop Streets," of the City Code, to add Danbury Lane (northbound), as a stop street for Roxbury Lane, and Roxbury Lane (eastbound) as a stop street for Danbury Lane; and further recommend to place PAGE THREE 115. 2/3/97 DANBURY AND on First Reading Ordinance T -2 -97, AN ORDINANCE AMENDING ROXBURY SECTION 10- 7 -3(A) "ONE -WAY STOP STREETS," OF CHAPTER 7, (Cont'd.) TITLE X, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO "DANBURY LANE (NORTHBOUND) AS A STOP STREET FOR ROXBURY Ordinance LANE" AND "ROXBURY LANE (EASTBOUND) AS A STOP STREET FOR T - - 97 DANBURY LANE." Motion declared carried as approved unanimously under Consent Agenda. DELETE PARK. Moved by Elstner, seconded by Beauvais, to concur with RESTRICTION/ Staff recommendation to amend Title X, Chapter 5, Section FOREST AVE.: 10- 5 -5(G) - "Restricted Parking- Various Hours" of the Consent City Code, to delete Forest Avenue, 1500 block, south Agenda side of street, 8:00 a.m. to 6:00 p.m., daily; and further recommend to place on First Reading Ordinance T- Ordinance 3 -97, AN ORDINANCE AMENDING SECTION 10- 5 -5(G) OF THE CITY T - - 97 CODE OF DES PLAINES, TO DELETE THEREFROM "FOREST AVENUE, 1500 BLOCK, SOUTH SIDE OF STREET, 8:00 A.M. TO 6:00 P.M. DAILY." Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE Moved by Elstner, seconded by Beauvais, to concur with 97 - - recommendation of Des Plaines Zoning Board of Appeals, 1405 re Zoning Case 97 -2 -V, to permit construction of a CAMPBELL: detached two -car garage which will increase total lot Consent area coverage to 39% (Code allows lot area coverage of Agenda 35% for a corner lot), in R -2, Single - Family Residential District, on property located at 1405 Campbell Avenue; Ordinance and further recommend to place on First Reading Ordinance Z - - 97 Z -2 -97, AN ORDINANCE GRANTING A VARIATION TO SECTION 3.2.4.4 OF THE CITY OF DES PLAINES ZONING ORDINANCE, TO PERMIT THE CONSTRUCTION OF A TWO -CAR GARAGE THAT WILL INCREASE LOT COVERAGE TO 39% INSTEAD OF THE REQUIRED 35% ON A CORNER LOT IN R -2 SINGLE FAMILY RESIDENCE DISTRICT, FOR THE PROPERTY AT 1405 CAMPBELL (CASE NO. 97 -2 -V). Motion declared carried as approved unanimously under Consent Agenda. FACE BRICK Moved by Elstner, seconded by Beauvais, to concur with VARIATION/ recommendation of Des Plaines Architectural Commission 2274 and Staff, to grant request for Variation to permit a new DOUGLAS: single family residence to be constructed using vinyl Consent siding instead of required face brick on property located Agenda at 2274 Douglas Avenue; and further recommend to place on First Reading Ordinance Z -3 -97, AN ORDINANCE GRANTING Ordinance A VARIATION TO SECTION R503.1.1 OF SECTION 4 -7 -6 Z - - 97 "ADOPTION OF CABO ONE AND TWO FAMILY DWELLING CODE - 1992," OF THE CITY CODE OF DES PLAINES, TO PERMIT VINYL SIDING INSTEAD OF FACE BRICK FOR THE BUILDING AT 2274- 2280 DOUGLAS AVENUE. Motion declared carried as approved unanimously under Consent Agenda. 1997 MAINT. Moved by Elstner, seconded by Beauvais, to concur with OF STREETS & Staff recommendation that City Clerk be authorized to HIGHWAYS/ execute and certify IDOT Resolution for 1997 Maintenance MFT FUNDS: of Streets and Highways /MFT Section 97- 00000 -00 GM, in Consent the amount of $255,000, as follows: Crack Filling - Agenda $25,000; Snow & Ice Control - $120,000; Materials Testing - $50,000; Traffic Signal Maintenance - $35,000; Resolution and Electrical Energy - $25,000; and further recommend R - - 97 to adopt Resolution R -7 -97, A RESOLUTION AUTHORIZING THE EXECUTION OF A STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION "RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE," FOR THE PURPOSE OF MAINTAINING STREETS AND HIGHWAYS IN THE CITY (97- 00000 -00 GM). Motion declared carried as approved unanimously under Consent Agenda. FINAL PLAT/ Moved by Elstner, seconded by Beauvais, to concur with 1646 recommendation of Des Plaines Plan Commission and Staff, LINDEN ST.: to approve final Plat of Linden Street Resubdivision Consent located at 1646 Linden Street; and Mayor and City Clerk Agenda be authorized to execute Plat. Motion declared carried as approved unanimously under Consent Agenda. FINAL PLAT/ 2274 -2280 DOUGLAS AVE.: Consent Agenda PURCHASE OF POLICE MOBILE TERMINALS: Consent Agenda ADVERTISING FOR BIDS/ 1997 STREETSCAPE IMPROVEMENTS: ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M -3 -97 SUBSIDIZED TAXICAB PROGRAM: Consent Agenda ORDINANCE M -4 -97 TAXICAB LIC./ SUBSIDIZED PROGRAM: Consent Agenda PAGE FOUR 116/ 2/3/97 Moved by Elstner, seconded by Beauvais, to concur with recommendation of Des Plaines Plan Commission and Staff, to approve final Plat of Donovan's Resubdivision located at 2274 -2280 Douglas Avenue; and Mayor and City Clerk be authorized to execute Plat. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation to approve purchase of Ten (10) Motorola 9100 -T Mobile Data Terminals (A.L.E.R.T.S.) from Motorola, Inc., 1309 E. Algonquin Road, Schaumburg, IL 60196, in the total amount of $52,635 (1996 State contract price) /Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Beauvais, that the matter of advertising for bids for 1997 Streetscape Improvements be held for discussion in Community Development Committee portion of Committee of the Whole later in the evening. Motion declared carried. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Three (3) Trotter #645 Treadmills or Equivalent, returnable by 3:00 p.m., Wednesday, February 19, 1997. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 1997 Tree Trimming Services, returnable by 3:00 p.m., Friday, February 28, 1997. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 1997 Parkway Tree and Stump Removal, returnable by 3:00 p.m., Friday, February 28, 1997. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for One (1) One -Half Ton Pickup Truck with Plow, returnable by 3:00 p.m., Friday, February 28, 1997. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Two (2) One -Ton Pickup Trucks with Plows, returnable by 3:00 p.m., Friday, March 7, 1997. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance M -3 -97, AN ORDINANCE AMENDING SECTION 5 -5 -25.28 "RATE," OF CHAPTER 5 "OTHER BUSINESSES," OF TITLE V, OF THE CITY CODE OF DES PLAINES, HAVING TO DO WITH THE CITY'S SENIOR CITIZEN OR DISABLED CITIZEN SUBSIDIZED TAXICAB RATE PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Beauvais, to adopt Ordinance M -4 -97, AN ORDINANCE AMENDING SECTION 5 -5 -25.1 "LICENSE REQUIRED," OF CHAPTER 5 "OTHER BUSINESSES," TITLE V, OF THE CITY CODE OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. PAGE FIVE 117. 2/3/97 ORDINANCE Moved by Elstner, seconded by Beauvais, to adopt M - - 97 Ordinance M -5 -97 - AS AMENDED, AN ORDINANCE AMENDING AS AMENDED SECTION 5 -5 -25.26 "DEFINITIONS," AND SECTION 5 -5 -25.27 BUS. REGUL./ "CREATION," OF CHAPTER 5 "OTHER BUSINESSES," OF TITLE V SUBSIDIZED "BUSINESS REGULATIONS," OF THE CITY CODE OF DES PLAINES. TAXICAB Motion declared carried as approved unanimously under PROGRAM: Consent Agenda. Consent Agenda ORDINANCE Moved by Elstner, seconded by Beauvais, to adopt Z - - 97 Ordinance Z -1 -97, AN ORDINANCE GRANTING VARIATIONS TO VARIATION/ SECTIONS 3.3.4.1, 3.3.4.2, AND 3.3.4.3 OF THE CITY OF DES 1646 PLAINES ZONING ORDINANCE, TO PERMIT A REDUCTION OF THE LINDEN ST.: REQUIRED FRONTAGE FROM 45' TO 30', A REDUCTION OF THE Consent TOTAL LOT AREA FROM THE REQUIRED 5,625 SQ. FT. TO 3,810 Agenda SQ. FT., AND TO PERMIT A FRONT YARD OF 16.35 FT. AND SIDE YARD (NORTH) OF 0.01 FT. ON LOT 1 OF THE PROPOSED LINDEN STREET RESUBDIVISION, IN R -3 TWO FAMILY RESIDENCE DISTRICT, FOR THE PROPERTY AT 1646 LINDEN STREET. Motion declared carried as approved unanimously under Consent Agenda. Mayor Ted Sherwood declared that the City Council was now resolved into a Committee of the Whole FINANCE & ADMINISTRATION - Alderman Christiansen, Chair WARRANT Moved by Arredia, seconded by Elstner, to concur with REGISTER: Staff recommendation and recommend to the City Council approval of February 3, 1997 Warrant Register, in the amount of $1,588,728.11, and further recommend that Resolution R -8 -97 be adopted at appropriate time this evening. Motion declared carried. LEGAL & LICENSING - Alderman Beauvais, Chair PROPOSED (Mayor Sherwood announced earlier in the meeting that the NON - UNION matter of the proposed Non -Union Wage Adjustment will be WAGE discussed in Executive Session later in the meeting.) ADJUSTMENT: COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair ZONING CASE Petitioner Dennis Huffaher addressed the City Council 97 - - SU regarding his request for a Special Use to permit 1199 reconstruction of the Speedway Gas Station located at ELMHURST: 1199 Elmhurst Road, at the northeast corner of Elmhurst and Algonquin Roads. Moved by Arredia, seconded by Chiropolos, to concur with recommendation of Des Plaines Plan Commission, Zoning Board of Appeals and Staff, and recommend to the City Council, re Zoning Case 97 -3 -SU, to permit total reconstruction of an existing Speedway Gas Station with a new Minimart in C -2 Commercial District on property located at 1199 Elmhurst Road. Motion declared carried (further action on this matter under Consent Agenda on February 18, 1997). DOWNTOWN Director of Economic Development Klaus reviewed his memo STREETSCAPE: of January 28, 1997, in which he explained that the Streetscape Committee put out Request for Proposals (RFP) for the design of various Gateways in the downtown area. After reviewing the proposals, the Streetscape Committee is recommending to accept proposal from Teska & STREETSCAPE (Cont'd.) DECK VARIATION/ 1893 ILLINOIS ST.: CABLE TV FRANCHISE AGREEMENT EXTENSION: Resolution R -6 -97 WARRANT REGISTER: Resolution R -8 -97 PAGE SIX 118. 2/3/97 Associates, who has worked with the City on Streetscape in the past and did the City's original streetscape plan. Moved by Chiropolos, seconded by Curley, to concur with Staff recommendation and recommend to the City Council to accept proposal from Teska & Associates, 627 Grove Avenue, Evanston, IL 60201, in the amount of $16,500 /TIF Funds, to provide design concepts and design development for the Gateway at River Road and Ellinwood Street, Miner Street Greenway from Pearson to Lee Streets, a western Gateway at Miner Street and Graceland Avenue, and the Miner Street mini -park; and plans and specifications suitable for bidding for the Point Gateway at River Road and Miner Street and a Gateway on the south side of Miner Street at River Road. Motion declared carried. Alderman Beauvais voted no. Moved by Christiansen, seconded by Elstner, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 1997 Streetscape Improvements, returnable by 3:00 p.m., Thursday, February 20, 1997. Motion declared carried. Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. Moved by Arredia, seconded by Sarlo, to concur with recommendation of Committee of the Whole held January 20, 1997, to grant request for an after - the -fact variation to Section 516.0 of the Building Code to permit a reconstructed existing deck, 9.75 wide x 19.60' long, which extends 5' into the side yard, to remain; and further grant request to legalize the existence of a deck, 27.9' x 15.15', in the rear yard which extends almost side lot line to side lot line (code requires decks to maintain a 5' setback from a property line) ; contingent upon petitioner obtaining a building permit and paying a double permit fee (fee will be based on the value of the deck plus $22.00); all for property located at 1893 Illinois Street. Motion declared carried. Aldermen Christiansen and Elstner voted no. Moved by Chiropolos, seconded by Sarlo, to concur with recommendation of Committee of the Whole held January 20, 1997, to authorize extension of Cable Television Franchise Agreement between the City and Telenois, Inc., for a six (6) month period, beginning January 28, 1997 and ending July 28, 1997, while franchise renewal negotiations are in progress; and further recommend to adopt Resolution R -6 -97, A RESOLUTION AUTHORIZING AN EXTENSION TO THE CABLE TELEVISION FRANCHISE AGREEMENT WITH TELENOIS, INC. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos NAYS: 1- Arredia ABSENT: 0 -None Motion declared carried. Moved by Christiansen, seconded by Elstner, to concur with recommendation of Committee of the Whole to adopt Resolution R -8 -97, 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: $1,588,728.11. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. PAGE SEVEN 119. 2/3/97 ADVERTISING The City Clerk announced that bids will be advertised for FOR BIDS: demolition of the Des Plaines Mall, returnable by 3:00 p.m., Thursday, February 27, 1997. DOWNTOWN Moved by Sarlo, seconded by Chiropolos, to concur with STREETSCAPE: recommendation of Committee of the Whole to accept proposal from Teska & Associates, 627 Grove Avenue, Evanston, IL 60201, in the amount of $16,500 /TIF Funds, to provide design concepts and design development for the Gateway at River Road and Ellinwood Street, Miner Street Greenway from Pearson to Lee Streets, a western Gateway at Miner Street and Graceland Avenue, and the Miner Street mini -park; and plans and specifications suitable for bidding for the Point Gateway at River Road and Miner Street and a Gateway on the south side of Miner Street at River Road. Upon roll call, the vote was: AYES: 7- Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 1- Beauvais ABSENT: 0 -None Motion declared carried. ADVERTISING Moved by Sarlo, seconded by Chiropolos, to concur with FOR BIDS/ recommendation of Committee of the Whole that City Clerk STREETSCAPE: be authorized to advertise for bids for 1997 Streetscape Improvements, returnable by 3:00 p.m., Thursday, February 20, 1997. Motion declared carried. EXECUTIVE Moved by Beauvais, seconded by Christiansen, to go into SESSION: Executive Session to discuss pending litigation and employee compensation. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. The City Council recessed at 8:29 p.m. The City Council reconvened at 10:12 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia. EMPLOYEE Moved by Beauvais, seconded by Christiansen, to concur COMPENSATION: with majority of the City Council in Executive Session that there be a 3.5% wage adjustment with 0 - 5% Merit for non -union employees effective May 1, 1996 through April 31, 1997. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Sarlo, Chiropolos, Arredia NAYS: 2- Curley, Sherwood ABSENT: 0 -None Motion declared carried. PENDING Moved by Curley, seconded by Sarlo, to concur with LITIGATION/ consensus of the City Council that the City Attorney be 454 LYMAN: authorized to proceed as directed in Executive Session regarding 454 Lyman Avenue. Upon roll call, the vote was: AYES: 8- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Chiropolos, Arredia NAYS: 0 -None ABSENT: 0 -None Motion declared carried. G"� 1 1 ADJOURNMENT: Moved by Christiansen, seconded by Elstner, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:25 p.m. APPROVED BY ME THIS AO DAY OF '� �.- _ _ , , 1997 Ted Sherwood, MAYOR PAGE EIGHT 120./ 2/3/97 Donna McAllister, CMC /AAE - CITY CLERK