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05-20-2002246 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, MAY 20, 2002 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:18 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 20, 2002. ROLL CALL: Roll call indicated the following aldermen present: Christiansen, Murphy, Sayad, Smith, Argus. Aldermen Beauvais, Brookman and Becker were absent. Alderman Brookman arrived in Executive Session at 6:32 p.m. Alderman Beauvais arrived in Executive Session at 6:34 p .m. Also present were: City Manager Miller, Director of Finance Egeberg, Police Chief Ryan, Fire Chief Farinella, Director of Engineering Oakley, Acting Director of Public Works Dusckett, Deputy Director of Community Development Molinari, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PRESENTATION: AGREEMENT/ SYSCO: Resolution R-60-02 Moved by Argus, seconded by Murphy, to go into Executive Session to discuss acquisition of real property and personnel. Upon roll call, the vote was: AYES: 5-Christiansen, Murphy, Sayad, Smith, Argus NAYS: 0-None ABSENT: 3-Beauvais, Brookman, Becker Motion declared carried. The City Council recessed at 6:19 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Smith, Argus. The opening prayer was given by Deputy City Clerk Peterson, followed by the Pledge of Allegiance to the Flag . Mayor Arredia read a proclamation declaring the month of June as Unity Appreciation Month and stated that it is in conjunction with the second annual Unity Dinner on June 6, 2002. Mayor Arredia introduced Special Events Commissioner and Taste of Des Plaines Chairman Linda Forman who gave a brief presentation of the upcoming "Taste of Des Plainesu to be held Saturday and Sunday, June 1 and 2, 2002, from 11 a.m. to 7 p.m. Mayor Arredia read a proclamation declaring the week of May 19 th to May 25th as National Public Works Week. Fire Chief Farinella introduced the following newly hired Fire Department members: Firefighter Michael Padula, Firefighter/Paramedic Eric Chipman and Firefighter Tim Lynch. Moved by Murphy, seconded by Sayad, to concur with consensus in Executive Session to approve the Business Development Agreement with Sysco Food Services-Chicago, 2 50 Wieboldt Avenue, and the City of Des Plaines to provide economic incentives for the promotion of economic development; and adopt Resolution R-60-02, A RESOLUTION AUTHORIZING THE EXECUTION OF A BUSINESS DEVELOPMENT SYSCO (Cont'd.) CITIZEN PARTICIPA. : CONSENT AGENDA: MINUTES: Consent Agenda YEAR 2001 SUPPLEMENTAL AP PRO PR IA. : Consent Agenda Ordinance M-30-02 IDOT AGR. TRAFFIC SIGNAL MAIN. : Consent Agenda Resolution R-56-02 PAGE TWO 247 S/20 /02 AGREEMENT BETWEEN SYSCO FOOD SERVICES-CHICAGO, INC. AND THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Smith, Argus NAYS: 0-None ABSENT: 1-Becker Motion declared carried. Mr. Wayne Serbin, 83S Pearson Street, addressed the City Council stating that teenagers f rorn other suburbs came here and caused problems at the Music Factory; they don't want their parents to know they are getting into trouble; maybe the teenagers f rorn Des Plaines are going to other towns and doing the same thing. Alderman Sayad requested that I terns S, Sa and 6 be removed from the Consent Agenda. Moved by Beauvais, seconded by Christiansen, to establish a Consent Agenda except for Items S, Sa and 6. Motion declared carried. Moved by Christiansen, seconded by Sayad, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Smith, Argus NAYS: 0-None ABSENT: 1-Becker Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinances M-26-02, M-27-02, z- 10-02 and Z-11-02 were adopted; Ordinance M-30-02 was placed on First Reading; Resolution R-S6-02 was adopted. Moved by Christiansen, seconded by Sayad, to approve minutes of the regular meeting of the City Council held May 6, 2002, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to approve minutes of Executive Session of the City Council held May 6, 2002. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation to approve Year 2001 Supplemental Appropriations in the amount of $2, 822, 187, for the fiscal year beginning January 1, 2001 and ending December 31, 2001; and further recommend to place on First Reading Ordinance M-30-02, AN ORDINANCE PROVIDING FOR THE SUPPLEMENTAL APPROPRIATION OF FUNDS FOR THE CORPORATE PURPOSES OF THE CITY OF DES PLAINES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001 AND ENDING DECEMBER 31, 2001. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation to authorize Mayor and City Clerk to execute Intergovernmental Agreement for Local Agency Maintenance of Traffic Control Devices with Illinois Department of Transportation (IDOT), regarding cost sharing responsibilities for maintenance and electrical energy for all traffic signals within the City; this agreement is for a ten (10) year period beginning July 1, 2001 to June 30, 2011 and replaces current agreement approved by the City Council on March 21, 1994 under Resolution R-lS-94; and further recommend to adopt Resolution R-S6-02, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY OF DES PLAINES FOR TRAFFIC SIGNAL MAINTENANCE. Motion declared carried as approved unanimously under Consent Agenda. SCADA SYSTEM ENGRG. SVS./ PUBLIC WKS. DEPT.: Resolution R-57-02 AGREEMENT/ MAPLE STREET WATER PLANT CYLINDER: UNDERSIZED LOT/ 1000 PRAIRIE: Consent Agenda PATIO VARIATION/ 1488 PETER: Consent Agenda PATIO VARIATION/ 1329 MARGRET: Consent Agenda PATIO VARIATION/ 926 PRAIRIE: Consent Agenda 248 5/20/02 PAGE THREE Moved by Sayad, seconded by Murphy, to concur with Staff recommendation to accept proposal from Allan Engineering Company, Inc., 4031 W. Kiehnau Avenue, P.O. Box 090197, Milwaukee, WI 53209, to provide engineering services for the upgrading of the City's SCADA System, in a total amount not-to-exceed $96,760/2002 Water Fund Budget; and it would be in the best interest of the City that usual bid procedures be waived; and further recommend to adopt Resolution R-57-02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING ACCEPTANCE OF A PROPOSAL BY ALLEN ENGINEERING, PROPOSAL NUMBER P02-085 FOR SCADA SYSTEM AND CONTROLS DESIGN SERVICES. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Smith, Argus NAYS: 0-None ABSENT: 1-Becker Motion declared carried. Moved by Say ad, seconded by Brookman, to concur with Staff recommendation to accept proposal from Flodyne/Hydradyne, Inc., 1000 Muirfield Drive, Hanover Park, IL 60103, for the removal and replacement of the hydraulic water-operated cylinder that controls the flow rate of Chicago water into the Maple Street Water Plant, in the amount of $9,780.40 for parts and $3,100 for labor, for a total replacement cost of $12,880.40/Water Fund Miscellaneous Contractual Fund; and it would be in the best interest of the City that usual bid procedures be waived. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Smith, Argus NAYS: 0-None ABSENT: 1-Becker Motion declared carried. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation that it is the opinion of the City Council that the proposed undersized lot design for property located at 1000 Prairie Avenue will meet the standard for any new home in the City, as well as be compatible with the neighborhood (plans for construction on undersized lots must be approved by the City Council before a permit may be issued). Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code to permit construction of a patio 8. 5' wide x 4' long in the rear yard of property located at 1488 Peter Road; the patio would be 1.5' from the west lot line (Code prohibits patios from extending within 5' of a lot line) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code for property located at 1329 Margret Street, to permit construction of a patio 30' x 17', extending 22' into the rear yard (Code permits patios to extend 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code to permit construction of a patio 27' x 25' in the rear yard of property located at 926 Prairie Avenue (Code permits patios to extend 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. PATIO VARIATION/ 1752 MAPLE: Consent Agenda SIDEWALK SALE DAYS/ CHAMBER OF COMMERCE: Consent Agenda ORDINANCE M-26-02/ UNLAWFUL USE/ INTOXICATING COMPOUNDS: Consent Agenda ORDINANCE M-27-02/ LICENSE AGREEMENT/ 242 KINKAID: Consent Agenda ORDINANCE Z-10-02/ MAP AMEND./ 1100 N.W. HIGHWAY: Consent Agenda ORDINANCE Z-11-02/ CONDIT. USE/ 875 RAND: Consent Agenda PRELIMINARY DRAWINGS/ NEW POLICE STATION/841 GRACELAND: 249 5/20 /02 PAGE FOUR Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code to permit construction of a patio 12' x 24' long, along the side of the house on property located at 1752 Maple Street (Code permits patios to extend 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to concur with Staff recommendation to grant request from Des Plaines Chamber of Commerce and Industry to hold their 46th Annual City-Wide Sidewalk Sale Days from Thursday, August 1 through Sunday, August 4, 2002; and parking restrictions be waived during these special days for the convenience of shoppers except for parking lot at Graceland and Prairie Avenues -ANNUAL REQUEST. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to adopt Ordinance M-26-02, AN ORDINANCE AMENDING TITLE VI, \\POLICE REGULATIONS II CHAPTER 1, "GENERAL OFFENSES II TO ADD A NEW SECTION 63, "UNLAWFUL USE OF INTOXICATING COMPOUNDS" TO THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously Consent Agenda. Moved by Christiansen, seconded by Sayad, to adopt Ordinance M-27-02, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH JEROME BUDZ, FOR PROPERTY OWNER JULIA BUDZ, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF- WAY IN FRONT OF 242 KINKAID COURT, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to adopt Ordinance Z-10-02, AN ORDINANCE GRANTING A REQUEST FOR A MAP AMENDMENT FROM M-2 GENERAL MANUFACTURING TO R-4 CENTRAL CORE RESIDENTIAL LOCATED AT 1100 NORTHWEST HIGHWAY (CASE 01-27-A) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Christiansen, seconded by Sayad, to adopt Ordinance Z-11-02, AN ORDINANCE ALLOWING FOR USED MOTOR VEHICLE SALES IN A C-3 GENERAL COMMERCIAL ZONING DISTRICT AT 875 RAND ROAD, DES PLAINES, ILLINOIS (CASE 01-48-CU). Motion declared carried as approved unanimously under Consent Agenda. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE PUBLIC SAFETY Alderman Beauvais, Chair Alderman Beauvais introduced Scott Rubel, Raymond Lee and Louise Kowalczyk, Sente & Rubel Architects, who made a presentation on the proposed police facility, including building elevations and site plan at 841 Graceland Ave. Alderman Beauvais stated that she does not like the flat roof design; can the windows be oval at the top; the old Library has a lot of character. POLICE STA. (Cont'd.) NEW FLOOD CONTROL PLAN/ PROPOSED RESOLUTION: 250 5 /20 /02 PAGE FIVE Alderman Brookman stated that we need to take a step back due to the economic times; we have to act responsibly; we would double our yearly debt if we build a new station; she cannot vote to proceed. Alderman Sayad stated that Alderman Brookman is correct; other things are a higher priority; we do need a Police and Fire station; we are evaluating our budget now; bonds are like a mortgage; our bankbook does not justify this right now. Alderman Christiansen stated that the current Police Station was built for 40-50 officers and we now have over 100; there is no place for the women officers; no crime scene storage; we are busting at the seams; it is beginning to be an unsafe situation; there is no secondary entrance on the plans. Alderman Beauvais stated that the Staff has made recommendations; they have toured other Police Stations; she disagrees with waiting; move forward with this project; we are also waiting for grant money; use the time to review this with the public. Alderman Sayad stated that we have to 1 i ve with the current station; we can go another year until we can project revenues; we must reevaluate our position; everyday services are the priority; all Cities are in this same position. Alderman Smith stated that this project should not be halted tonight; just go slowly; would like to see more information; there must be a way to continue this project. Mr. Wayne Serbin, 635 Pearson Street, addressed the Committee of the Whole stating that the First Congregational Church has been able to park at the old Library during services; will we be able to expand the new building; let the public vote on this through a binding referendum. Mr. Gary Danfield, 655 River Road, addressed the Committee of the Whole asking how the prisoners will be transfered; this is a residential district; maybe we need an alternate site; we're going too fast. Moved by Beauvais, seconded by Christiansen, to recommend to the City Council to take from the table the matter of advertising for bids for the demolition of the building at 841 Graceland Avenue, which was tabled on April 15, 2002, and place it on the agenda for discussion for City Council meeting on June 3, 2002. Motion declared carried. Alderman Smith voted no (later changed to pending per City Manager Miller). Moved by Beauvais, seconded by Murphy, to recommend to the City Council that Staff proceed with the completion of the conceptual design with Sente & Rubel Architects, 1955 Raymond Drive, Northbrook, IL 60062, and obtain public input for the new Police Station on property located at 841 Graceland Avenue, and return to the City Council at a later date. Motion declared carried. ENGINEERING -Alderman Christiansen, Chair Director of Engineering Oakley reviewed the proposed Flood Control Plan, which was prepared by the Technical Subcommittee; the Plan identifies sources of flooding and suggests recommendations to reduce flood problems in the City. FLOOD PLAN (Cont'd.) ZONING CASE 02-20-CU 2100-2102 E . MINER ST . : PAGE SIX 251 5 /20 /02 Alderman Murphy asked who will enact the Plan; where will the funding come from; will there be Staff assigned; under what authority will the committee operate. Alderman Beauvais stated that the Flood Committee is not present; this is a conceptual plan. Alderman Argus stated that the plan is interesting; we should not approve undersized lots; that takes away open land. Mayor Arredia stated that the City will have a flood control package that they will try to implement; the plan will be used for the City's CRS rating; the implementation of the plan is going to take the cooperation of many agencies. Moved by Murphy, seconded by Brookman, to recommend to the City Council to approve a revised Flood Control Plan reflecting Mayor Arredia's comments and that the plan be approved and Resolution R-58-02 be adopted at the June 3, 2002 City Council meeting. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Becker, Chair Deputy Director of Community Development Molinari reviewed Director of Economic Development Schneider's memo of May 6, 2002, regarding request for Conditional Use to permit operation of a massage therapy spa on property located at 2100-2102 E. Miner Street; the Des Plaines Zoning Board of Appeals and Staff recommended in favor of granting this request with conditions. Alderman Beauvais stated that the petitioner had the same type of business in Rockford; did we contact the Rockford Police Department; what is the difference between a day spa and massage therapy; will there be any whirlpools. Alderman Murphy asked if the masseuses are licensed; when was the business in Rockford opened; were there any Police instances; are any off site services provided. Alderman Sayad asked about the services offered; are most of the patrons men; how will the business get clientele; will there be insurance coverage; are the masseuses sole proprietorships; the liability is only on the masseuses. Alderman Brookman stated that the Rockford Police should be called. Mr. David Kubly, 2243 18th Avenue, Rockford, petitioner, and Ms. Nancy Sander, 8532 School Street, Morton Grove, attorney for the petitioner, addressed the Committee of the Whole stating that the business in Rockford was opened last year; clients will be obtained through advertisements; while in business in Rockford, the Police were never called; the masseuses are independent contractors; there are no male masseuses; there will not be any whirlpools in the facility; no off-site services will be provided. Mr. Gary Danfield, 655 River Commit tee of the Whole stating background check should be done. Road, that a addressed the full criminal Moved by Beauvais, seconded by Brookman, to recommend to the City Council to DENY request, re Zoning Case 02-20- CU, for a Conditional Use to permit operation of a massage therapy spa in a C-3 General Commercial District on property located at 2100 E. Miner Street. Motion declared carried. Aldermen Beauvais, Christiansen, Brookman and Smith voted aye. Aldermen Murphy, Sayad and Argus voted no. ZONING CASE 02-21-V 1094 WOODLAWN AVE.: RECESS: ADOPTION OF 2000 INTER. CODE COUNCIL BUILDING CODE: WARRANT REGISTER: PAGE SEVEN 252 5/20/02 Deputy Director of Community Development Molinari reviewed Director of Economic Development Schneider's memo of May 6, 2002, regarding request for a Variation to allow the petitioner to construct a 5.42' tall, solid fence in the secondary front yard on property located at 1094 Woodlawn Avenue; the Des Plaines Zoning Board of Appeals recommended in favor of granting this request; Staff is opposed to granting this variation due to a lack of mitigating factors, such as a high traffic volume or excessive noise. Alderman Christiansen stated he is not opposed to the fence; there is no sight obstruction; one of the conditions should state the forty-five degree angle required. Moved by Beauvais, seconded by Brookman, to recommend to the City Council to grant request, re Zoning Case 02-21- V, for a Variation to permit construction of a front yard fence that is 5.42' tall, solid fence in the secondary front yard, instead of the permitted 4' tall, 50% open fence, in R-1 Single-Family Residential District on property located at 1094 Woodlawn Avenue; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Moved by Murphy, seconded by Brookman, to take a five (5) minute recess. Motion declared carried. The City Council recessed at 9:53 p.m. The City Concil reconvened at 9:59 p.m. BUILDING CODE -Alderman Murphy, Chair Deputy Director of Community Development Molinari reviewed his memo of April 3, 2002, regarding the adoption of the 2000 Edition of the International Code Council Building Code Series which was formerly the BOCA Code. Alderman Murphy stated that this will require training for the Staff. Deputy Director Molinari stated that some inspectors are already testing; costs are minimal. Alderman Sayad stated that Staff time and money is spend to retrain and recertify Staff members; what we have is adequate; does not see any significant reason to change. It was the consensus of the Aldermen that the remaining portions of the 2000 Edition of the International Code Council Building Code Series (building valuations, electrical and plumbing) be presented at the City Council meeting of June 17, 2002. FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Christiansen, seconded by Murphy, to recommend to the City Council approval of the May 20, 2002 Warrant Register, in the total amount of $2,367,566.01; and further recommend that Resolution R-59-02 be adopted at appropriate time this evening. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. ORDINANCE M-29-02 NON-UNION EMPLOYEES WAGE ADJUSTMENT: ORDINANCE T-2-02 PARKING FINES/ 1, 2 & 3- HOUR ZONES: PRELIMINARY DRAWINGS/ NEW POLICE STATION/841 GRACELAND: NEW FLOOD CONTROL PLAN/ PROPOSED RESOLUTION R-58-02: ZONING CASE 02-20-CU 2100-2102 E . MINER ST. : ZONING CASE 02-21-V 1094 WOODLAWN AVE.: 253 5/20/02 PAGE EIGHT Moved by Christiansen, seconded by Murphy, to adopt Ordinance M-29-02, AN ORDINANCE AMENDING SCHEDULE I-B "FIRE GROUP, II SCHEDULE II-A "POLICE GROUP, II SCHEDULE III- A "CLERICAL, ACCOUNTING AND MISCELLANEOUS GROUP," SCHEDULE IV "SUPERVISORY AND ADMINISTRATIVE GROUP," SCHEDULE V-A "TECHNICAL, ENGINEERING AND INSPECTION GROUP," AND SCHEDULE VI-A "LABOR/TRADES SUPERVISORY GROUP" OF SECTION 1-15-4 "CLASSIFICATION PLAN TO THE CITY SERVICE," OF CHAPTER 15, TITLE I, OF THE CITY CODE OF DES PLAINES, TO REFLECT A 3.5% INCREASE EFFECTIVE MAY 1, 2002 TO APRIL 30, 2003, ALSO AN ADDITIONAL 3.45% INCREASE FOR NON-UNION POLICE POSITIONS OF SERGEANT, LIEUTENANT, AND DEPUTY CHIEF, EFFECTIVE MAY 1, 2002 TO APRIL 30, 2003. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Smith, Argus NAYS: 0-None ABSENT: 1-Becker Motion declared carried. Moved by Christiansen, seconded by Becker, to adopt Ordinance T-2-02, AN ORDINANCE AMENDING TITLE X, "TRAFFIC" CHAPTER 5, "STOPPING, STANDING AND PARKING" TO INCREASE CERTAIN PARKING FINES. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Becker Motion declared carried. Moved by Beauvais, seconded by Argus, to concur with recommendation of Committee of the Whole to take from the table the matter of advertising for bids for the demolition of the building at 841 Graceland Avenue, which was tabled on April 15, 2002, and place it on the agenda for discussion for City Council meeting on June 3, 2002. Motion declared carried. Alderman Smith voted no (later changed to pending per City Manager Miller). Moved by Beauvais, seconded by Murphy, to concur with recommendation of Committee of the Whole that Staff proceed with the completion of the conceptual design with Sente & Rubel Architects, 1955 Raymond Drive, Northbrook, IL 60062, and obtain public input for the new Police Station on property located at 841 Graceland Avenue, and return to the City Council at a later date. Motion declared carried. Moved by Murphy, seconded by Brookman, to concur with recommendation of Committee of the Whole that a summary statement be added to the Flood Control Plan and that the plan be approved and Resolution R-58-02 be adopted at the June 3, 2002 City Council meeting. Motion declared carried. Moved by Christiansen, seconded by Beauvais, to concur with recommendation of Committee of the Whole to DENY request, re Zoning Case 02-20-CU, for a Conditional Use to permit operation of a massage therapy spa in a C-3 General Commercial District on property located at 2100- 2102 E. Miner Street. Motion declared carried. Aldermen Beauvais, Christiansen, Brookman and Smith voted aye. Aldermen Murphy, Sayad and Argus voted no. Moved by Becker, seconded by Brookman, to concur with recommendation of Committee of the Whole to grant request , re Zoning Case 0 2 - 2 1-V, for a Variation to permit construction of a front yard fence that is 5.42' tall, solid fence in the secondary front yard, instead of the permitted 4' tall, 50% open fence, in R-1 Single- Family Residential District on property located at 1094 WOODLAWN (Cont'd.) WARRANT REGISTER: Resolution R-59-02 ADJOURNMENT: PAGE NINE 254 5/20/02 Woodlawn Avenue; and City Attorney be authorized to draft necessary ordinance. Motion declared carried (further action on this matter under Consent Agenda on June 17, 2002) . Moved by Sayad, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-59-02, 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: $2,367,566.01. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Murphy, Sayad, Brookman, Smith, Argus NAYS: 0-None ABSENT: 1-Becker Motion declared carried. Moved by Sayad, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:27 p.m. Nancy Pe APPROVED BY ME THIS DAY OF