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05-19-2003211 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 19, 2003 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 6:30 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 19, 2003. 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 6:37 p.m. Alderman Beauvais arrived in Executive Session at 6:40 p.m. Also present were: Director of Finance Egeberg, Police Chief Ryan, Deputy Fire Chief John Heavey, Assistant Director of Engineering Duddles, 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: PROCLAMATION: RECOGNITION: Moved by Sayad, seconded by Smith, Executive Session to discuss personnel. call, the vote was: to go into Upon roll AYES: 5-Christiansen, Murphy, Sayad, Smith, Argus NAYS: 0-None ABSENT: 3-Beauvais, Brookman, Becker Motion declared carried. The City Council recessed at 6:31 p.m. The City Council reconvened at 7:15 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 introduced Director of Human Resources & Services Arlene Merriman, who gave a brief presentation on the Des Plaines Community Mental Health Crisis Response Team. This program has been developed as an outreach program of the Des Plaines Heal thy Community Partnership and the Mayor's 2 0 0 3 Year of the Family. Mayor Arredia proclaimed the week of June 1st through June 8th, 2003, as Des Plaines Art Guild's Fiftieth Anniversary Week. Mayor Arredia recognized Shirley Mueller, who recently was selected to receive the Cook County Sheriff's Senior Medal of Honor Award. RECOGNITION: PRESENTATION: PUBLIC HEARING/ SPECIAL SERVICE AREA #5/WESTFIELD LANE: 212 05/19/03 PAGE TWO Mayor Arredia recognized recently won the title of Plaines. Jennifer Forman, Miss Junior West who Des Mayor Arredia recognized Director of Human Resources and Services Arlene Merriman for her 21 years of service to the citizens of Des Plaines. Mayor Arredia introduced Special Events Commissioner and Taste of Des Plaines Chairman Linda Forman who gave a brief presentation on the upcoming "Taste of Des Plaines" to be held Saturday and Sunday, June 7 and 8, 2003 from 11 a.m. to 7 p.m. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY I MAY 19 I 2003. CALL TO ORDER: Mayor Arredia called the Public Hearing to order at 7:51 p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the proposal to establish Special Service Area #5 for a portion of Westfield Lane. DISCUSSION: CITIZEN PARTICIPA. : Assistant City Attorney Bartel briefly reviewed the Special Services to be provided which include the construction of a water main along the North side of Westfield Lane and funding of the residents' share of the costs related thereto. Mayor Arredia asked for comments from the aldermen and the public. The Public Hearing was adjourned at 7:54 p.m. The City Council reconvened at 7:55 p.m. Mr. Michael Mickelsen, 1549 Webster Lane, addressed the City Council stating that at a Committee of the Whole meeting a few weeks ago, 1600 signatures were filed on a petition against the Riviera; Alderman Murphy stated that only 300 of the signatures were registered voters; do you only care about registered voters? Ms. Dolores Vels, 1019 E. Wicke, addressed the City Council stating that the Zoning Board and Staff has advised against the Riviera; aldermen are supposed to work for the people, not against the people; this is why people are not coming out to vote. Ms. Donna Kassens, 1509 Webster Lane, addressed the City Council stating that the residents who surround the Riviera are against the development; we are not listened to and we don't want our neighborhood ruined; this is an awful project. Dr. M. McKernan, 1920 Andy Lane, addressed the City Council stating that there are traffic problems around the Allstate Arena; traffic is backed up on Touhy to Lee Street, on Mannheim and on the tollway. AMENDED 6/2/03 Add: "It is the height of the building at 134' that is unacceptable; the Riviera is inappropriate for our area; it is too tall; it will create congestion." ORDINANCE M-29-03 COUNCIL RULES, RULE V AMENDMENT: CONSENT AGENDA: MINUTES/ 5/5/03: MINUTES/ EXECUTIVE SESSION: Consent Agenda SPECIAL SERVICE AREA #5/WESTFIELD LANE: Ordinance M-30-03 213 05/19/03 PAGE THREE Moved by Murphy, seconded by Sayad, to TABLE adoption of Ordinance M-29-03, AN ORDINANCE AMENDING TITLE I, "ADMINISTRATIVE" CHAPTER 6, "COUNCIL" SECTION 9, "PROCEDURE" TO ADD LANGUAGE REGARDING CITIZEN COMMENTS (scheduled to be adopted under Unfinished Business later in the meeting) . Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Murphy, Sayad, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Becker Motion declared carried. Alderman Brookman requested that I terns 1, 4 and 4a be removed from the Consent Agenda; Alderman Smith requested that Items 27 and 28 be removed. Moved by Beauvais, seconded by Sayad, to establish a Consent Agenda except for Items 1, 4, 4a, 27 and 28. Motion declared carried. Moved by Brookman, the Consent Agenda. AYES: 7-~eauvais, seconded by Murphy, to approve Upon roll call, the vote was: Brookman, NAYS: 0-None Christiansen, Murphy, Sayad, Smith, Argus ABSENT: 1-Becker Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinances M-25-03, T-7-3, T-8-03 and T-9-03, were adopted; Ordinances M-31-03, Z-14-03, Z-15-03 and Z-16-03 were placed on First Reading; and Resolutions R-59-03, R-60-03, R-62-03, R-63-03 and R-65-03 were adopted. Moved by Brookman, seconded by Christiansen, to amend and approve the minutes of the regular meeting of the City Council held May 5, 2003, as follows: Page Thirteen, under "Ordinance M-29-03 Council Rules, Rule V Amendment", second paragraph ADD "Alderman Brookman stated that she believes that the proposed ordinance flies in the face of the First Amendment." Motion declared carried. Moved by Brookman, seconded by Murphy, to the minutes of the Executive Session of Council held May 5, 2003 (Session One). approve the City Motion declared carried ·as approved unanimously under Consent Agenda. seconded by Murphy, to approve Executive Session of the City Moved by Brookman, the minutes of the Council held May 5, declared carried as Consent Agenda. 2003 (Session Two). Motion approved unanimously under Alderman Brookman stated that she does not believe that the residents of the Special Service Area should be charged interest on their payments. Motion by Christiansen, seconded by Sayad, to grant request from residents at 15, 16, 23, 24, 31, 32, 36 and 39 Westfield Lane that City create Special Service Area #5 for the construction of an eight inch (8") water main along the north side of Westfield Lane, to be funded by the residents on @) WESTFIELD LANE (Cont'd. ) SALE OF CITY PROPERTY/NWMC AUCTION: Consent Agenda Ordinance M-31-03 AMEND ORDINANCE Z-8-03/ 1363 JEFFERSON: Consent Agenda Ordinance Z-14-03 ZONING CASE 03-16-V VARIATION/ 809 BEAU: Consent Agenda Ordinance Z-15-03 214 05/19/03 PAGE FOUR their property tax bill for tax levy years 2003 through 2018 inclusive and shall be in a total amount not-to-exceed $5,650 annually; and further recommend to place on First Reading Ordinance M-30- 03, AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER FIVE IN THE CITY OF DES PLAINES, ILLINOIS (PORTIONS OF WESTFIELD LANE). 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 Brookman, seconded by Murphy, to concur with Staff recommendation to authorize to sell by auction at the annual Northwest Municipal Conference Surplus Auction to be held Saturday, May 31, 2003, 11:00 a.m., Arlington Heights Public Works Facility, 222 N. Ridge Road, Arlington Heights, surplus City vehicles and equipment that are deemed no longer necessary or useful to or for the best interest of the City; and further recommend to place on First Reading Ordinance M-31-03 I AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. carried Agenda. as approved unanimously Motion declared under Consent Moved by Brookman, seconded by Murphy, to amend Ordinance Z-8-03, adopted by the City Council on April 21, 2003, granting a Conditional Use for property located at 1363 Jefferson Street, to delete the condition that "petitioner will make the Graceland Avenue curb cut an entry-only driveway to avoid traffic conflicts at the Graceland Avenue/Northwest Highway intersection" so petitioner can apply to the Illinois Department of Transportation (IDOT) for the permits to have full access entrance at the Graceland Avenue location because IDOT must approve all curb-cuts on Northwest Highway and Graceland; and further recommend to place on First Reading Ordinance Z-14-03, AN ORDINANCE AMENDING ZONING ORDINANCE Z-14-03, A CONDITIONAL USE, FOR THE PROPERTY COMMONLY KNOWN AS 1363 JEFFERSON STREET (CASE #03-07-CU-V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 03-16-V, to grant request for an after-the-fact Variation to permit existing non-permitted obstruction (above-ground swimming pool) in the secondary front yard on property located at 809 Beau Drive; contingent upon petitioner obtaining a building permit, making any modifications to the pool deemed necessary by the Plan Examiner, and pay a $150 fine for building without a permit; and further recommend to place on First Reading Ordinance Z-15-0 3, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 7.1-3 TO ALLOW AN ABOVE-GROUND SWIMMING POOL IN A SECONDARY FRONT YARD (CORNER LOT) AT 809 BEAU DRIVE, DES PLAINES, ILLINOIS (CASE #03-16-V) . Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE 03-20-V VARIATION/ 100-180 TOUHY AVENUE: Consent Agenda Ordinance Z-16-03 EMERGENCY VEHICLE PRE-EMPTION ENGINEERING SERVICES: Consent Agenda Resolution R-59-03 LANDSCAPE MANAGEMENT AGREEMENT/ 1565-1575 ELLINWOOD ST. : Consent Agenda Resolution R-60-03 PUB. IMPROV. YARO RESUBDIVISION/ FOURTH AND FIFTH: Consent Agenda Resolution R-62-03 215 05/19/03 PAGE FIVE Moved by Brookman, seconded by Murphy, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 03-2 0-V, to grant request for Variation to permit installation of a pole sign on a lot with a frontage of 68. 84' instead of the minimum permitted frontage of 75' and permit a pole sign with a setback of 0' instead of the required 5', on property located at 100-180 Touhy Avenue (Touhy Court) in M-2 General Manufacturing District; contingent upon petitioner submitting a sign permit application including a landscaping plan and install the required and approved landscaping at the base of the sign within 3 0 days of securing a permit; and further recommend to place on First Reading Ordinance Z-16-03; AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 11.6-B TO PERMIT A POLE SIGN ON A LOT WITH A FRONTAGE OF 68.84 FEET INSTEAD OF THE MINIMUM PERMITTED FRONTAGE OF 75 FEET, AND A VARIATION TO SECTION 11. 5-lC TO PERMIT A POLE SIGN WITH A SETBACK OF 0 FEET INSTEAD OF THE REQUIRED 5 FEET I LOCATED AT 100-180 TOUHY COURT I DES PLAINES I ILLINOIS (CASE 03-20-V) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to accept proposal from Civiltech Engineering, Inc., 450 E. Devon Avenue, Suite 300, Itasca, IL 60143, to complete the design and permitting of Emergency Vehicle Pre-Emption (EVP) installations at ten (10) intersections in the City, for a fee of $8, 125/Illinois First Grant; and further recommend to adopt Resolution R-59-03; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ACCEPTING THE PROPOSAL BY CIVILTECH ENGINEERING, INC. TO PERFORM EMERGENCY VEHICLE PRE- EMPTION SYSTEMS WORK AT 10 LOCATIONS THROUGH THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to authorize Mayor and City Clerk to execute Landscape Maintenance Agreement with Hanlin Management, Inc., 1565 Ellinwood Street, to perform up-keep of landscaping, shrubbery and plantings in the City-owned right-of- way adjacent to and in front of property located between 1565 and 1575 Ellinwood Street; and further recommend to adopt Resolution R-60-03; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF A "LANDSCAPE MAINTENANCE AGREEMENT" WITH HANLIN MANAGEMENT, INC. FOR THE PROPERTY BETWEEN 1565 AND 1575 ELLINWOOD STREET IN DES PLAINES . Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to accept Public Improvements that include a watermain, water service lines, public sidewalk repair, a manhole pavement repair, catch basin and parkway trees for Yaro Resubdivision, 726 and 736 Fourth Avenue, and 739 Fifth Avenue; and authorize release of public improvement surety in the amount of $18,684.90 (cash warranty in the amount of $2,076.10 will be held for 18 months); and further recommend to adopt Resolution R-62-03; A RESOLUTION APPROVING THE YARO RESUB: (Cont'd.) TESTING SERVICES/CITY WATER SYSTEM: Consent Agenda Resolution R-63-03 FINAL PLAT/ THOMAS SUBDIV. 2166 & 2170 DOUGLAS AVE. & 2169 SPRUCEWOOD: Consent Agenda PATIO VARIATION/ 1073 STOCKTON: Consent Agenda PARKING PAD VARIATION/ 944 SPRUANCE: Consent Agenda PARKING PAD VARIATION/ 886 N. GOLF CUL-DE-SAC: Consent Agenda 216 05/19/03 PAGE SIX PUBLIC IMROVEMENTS FOR THE YARO RESUBDIVISION LOCATED AT 726 AND 736 FOURTH AVENUE AND 739 FIFTH AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to accept proposal from Earth Tech, Inc., 1020 N. Broadway, Suite 400, Milwaukee, WI 53202, to perform Federally-mandated testing of the City water system known as a Vulnerability Assessment and Emergency Action Plan, at a cost not-to-exceed $35,400/Budgeted Funds; and further recommend to adopt Resolution R-63-03; A RESOLTUOIN OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE ACCEPTANCE OF A PROPOSAL SUBMITTED BY EARTH TECH, INC. , TO PERFORM FEDERALLY-MANDATED TESTING OF THE WATER SYSTEM, KNOWN AS THE "VULNERABILITY ASSESSMENT AND EMERGENCY ACTION PLAN". Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Thomas Subdivision, 2166 and 2170 Douglas Avenue, and 2169 Sprucewood Avenue; and Mayor and City Clerk be authorized to execute same. Motion declared carried as approved unanimously under Consent Agenda Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments, for property located at 1073 Stockton Avenue, to permit expansion of existing patio that would extend 23' from the building foundation (Code permits patios to extend 15' from the building foundation) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments, for property located at 944 Spruance Place, to permit expansion of existing driveway and parking pad from 10' to 18' at the property line including the driveway apron. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments, for property located at 886 N. Golf Cul- de-Sac, to permit construction of a landscaped garden and patio in the rear yard that would extend 17.25' from the building foundation (Code permits patios to extend 15' from the building foundation). Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ ALUMINUM FENCE: Consent Agenda BID AWARD/ 2003 PUBLIC WORKS STREET RESURFACING PROGRAM: Consent Agenda ADVERTISING FOR BIDS/: Consent Agenda APPOINTMENTS/ REAPPOINT. : Consent Agenda MARYVILLE 5-K RUN: Consent Agenda Resolution R-65-03 217 05/19/03 PAGE SEVEN Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to award bid for an aluminum ornamental fence (Alternate #1) along Ellinwood Street, south of the METRA train tracks, between Des Plaines River Road (east end) and Graceland Avenue (west end), to the lowest bidder, Georgetown Fencing, 555 Ruskin, Elk Grove Village, IL 60007, in the total bid amount of $36,630/TIF #1 Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to award bid for the 2003 Public Works Street Resurfacing Program to the lowest bidder, Plote Construction, 1100 Brandt Drive, Elgin, IL 60120, in the bid amount of $138,380 for Surface Removal; $9,416.25 for Prime Coat; and $260,610.50 for Concrete Surface; for a total bid amount of $408,406.75/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Fire Hydrants, returnable by 3:00 p.m., Thursday, June 5, 2003. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Weller Creek Tree Removal, returnable by 3:00 p.m., Thursday, June 5, 2003. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to approve Mayoral appointment/reappointments as follows: Appointments: ZONING BOARD OF APPEALS Peter Gialamas, term to expire April 30, 2008 SPECIAL EVENTS COMMISSION Jim Wozny, term to expire August 31, 2006 YOUTH COMMISSION Brian Darrey, term to expire December 1, 2005 CONSUMER PROTECTION COMMISSION Richard Arthur, term to expire August 30, 2003 Reappointments: CABLE COMMISSION Robert Suriano, term to expire April 30, 2006 PLAN COMMISSION Sally Lowing, term to expire April 30, 2009 POLICE PENSION BOARD Gaston Freeman, term to expire April 30, 2005 Robert Muehlenbeck, term to expire April 30,2005 ZONING BOARD OF APPEALS Rodney Yourist, term to expire April 30, 2008 Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to concur with Staff recommendation and approve temporary closing of the westbound lane of Central Road from Maryville Academy entrance to Timothy Lane and the easternmost northbound lane of Wolf Road from Mark Avenue to Kylemore Drive, from 8:00 a.m. to 11:00 MARYVILLE (Cont'd. ) ORDINANCE M-25-03 LICENSE AGREEMENT/ 1525 THACKER: Consent Agenda ORDINANCE T-7-03 PARKING RESTRICTION/ PROSPECT AVE. : Consent Agenda ORDINANCE T-8-03 PARKING RESTRICTION/ BRENTWOOD DR. & 825 CENTER: Consent Agenda ORDINANCE T-9-03 PARKING RESTRICTION/ BRENTWOOD DR. : Consent Agenda ORDINANCE Z-12-03 TEXT AMEND./ OUTDOOR ADVERTISING SIGNS: 218 05/19/03 PAGE EIGHT a.m. on Saturday, June 14, 2003, to permit Chicago Special Events Management, 1960 S. Clybourn, Rear Building, Chicago, IL 60614, to hold a 5-K Run benefiting Maryville Academy; proof of insurance naming City as additional insured will be provided; and City Clerk be authorized to submit necessary documents to Illinois Department of Transportation; and further recommend to adopt Resolution R-65-03, A RESOLUTION ACKNOWLEDGING MARYVILLE ACADEMY'S 5-K RUN TO BE HELD ON JUNE 14 , 2 0 0 3 AND AUTHORIZING THE CLOSING OF PORTIONS OF CENTRAL AND PORTIONS OF WOLF ROADS FOR THE 5-K RUN. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to adopt Ordinance M-25-03, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH PROPERTY OWNER PARKVIEW CONDOMINIUM ASSOCIATION BY HANK KOLAK OF HANLIN MANAGEMENT, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 1525 THACKER STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Ordinance Brookman, T-7-03, AN seconded by ORDINANCE Murphy, AMENDING to adopt TITLE X, "TRAFFIC, " CHAPTER 5, "STOPPING, STANDING AND PARKING" SECTION 24, "RESIDENTIAL PARKING ONLY" OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Ordinance Brookman, T-8-03, AN seconded by ORDINANCE Murphy, AMENDING to adopt TITLE X, "TRAFFIC, " CHAPTER 5, "STOPPING, STANDING AND PARKING" SECTION 17 "PARKING PROHIBITED IN DESIGNATED PLACES, SCHEDULE I, " OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Ordinance "TRAFFIC" PARKING" PLACES" Brookman, seconded by T-9-03, AN ORDINANCE Murphy, AMENDING to adopt TITLE X, CHAPTER 5, "STOPPING, STANDING AND SECTION 5, "PARKING LIMITED IN DESIGNATED OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Murphy, to suspend the rules to permit public input. Motion declared carried. Mr. Carl Kowalski, 156 Kathleen Lane, addressed the City Council stating that he is concerned about this issue; these signs leave a bad impression as people go through Des Plaines; the First Amendment will guarantee that the company will put up whatever they want on the signs. Ms. Donna Kassens, 1509 Webster Lane, addressed the City Council stating that she concurs with Mr. Kowalski; this will dirty-up Des Plaines; vote no; the money is not worth it. TEXT AMEND: (Cont'd.) ORDINANCE Z-13-03 TEXT AMEND./ OUTDOOR ADVERTISING SIGNS: ORDINANCE M-31-03 SALE OF CITY PROPERTY/NWMC AUCTION: PARKING PAD/ 1073 STOCKTON: 219 05/19/03 PAGE NINE Ms. Irene Serwa, 1011 Crabtree Lane, addressed the City Council stating that the aldermen should listen to the people; treat Des Plaines as a jewel and care for it as a jewel. Mr. Gary Danfield, 655 River Road, addressed the City Council stating that we will need advertisement for some of our events and the money would be good; this won't be that bad. Moved by Ordinance AMENDMENT SECTION Sayad, Z-12-03, TO THE 11. 6 / CLASSIFICATION" MANUFACTURING AND seconded by Argus, to adopt AN ORDINANCE AUTHORIZING A TEXT CITY OF DES PLAINES ZONING CODE "REGULATION BY DISTRICT SUBSECTION B, "COMMERCIAL, INSTITUTIONAL DISTRICTS." Upon roll call, the vote was: AYES: 5-Christiansen, Murphy, Sayad, Argus, Arredia NAYS: 3-Beauvais, Brookman, Smith ABSENT: 1-Becker Motion declared carried. Moved by Sayad, seconded by Argus, to adopt Ordinance Z-13-03 I AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO THE CITY OF DES PLAINES ZONING CODE SECTION 11. 3 "SIGN PERMITS" SUBSECTION 3, "ISSUANCE OF THE PERMIT." Motion declared carried as approved unanimously under Consent Agenda. Upon roll call, the vote was: AYES: 5-Christiansen, Murphy, Sayad, Argus, Arredia NAYS: 3-Beauvias, Brookman, Smith ABSENT: 1-Becker Motion declared carried. Moved by Murphy, seconded by Sayad, to advance to second reading and adopt Ordinance M-31-03, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY 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. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE BUILDING CODE -Alderman Christiansen, Chair Deputy Director of Community Development Molinari reviewed his memo of May 7, 2003, regarding a request for a Parking Pad Variation at 1073 Stockton Avenue approximately 9.5 feet wide by 65.38 feet long; Staff is recommending against granting this request. Mr. Darren Nowalski, 1073 Stockton Ave., addressed the Committee of the Whole stating that he keeps his van on the street, but does not feel safe even 1073 STOCKTON (Cont'd.) COMMONWEALTH EDISON TREE TRIMMING AGREEMENT: WARRANT REGISTER: 220 05/19/03 PAGE TEN though it is locked; he wants to park his truck on the side of the house; cars are an obstruction on the street. Ms. Carol Ehnert, 1081 Stockton Ave., addressed the Conunittee of the Whole stating that Mr. Nowalski's children play on her driveway; there is not enough room for a parking pad on the side of the house; she objects to this variation. Moved by Murphy, seconded by Sayad, to reconunend to the City Council that petitioner work with Staff and his neighbor to reach a compromise regarding Variation to Section 4-7-9 of the Building Code Amendments (Hard Surface Limitations), for property located at 1073 Stockton Avenue, to permit expansion of existing driveway and parking pad from 9.89' wide by 28.82' long to 9.5' wide by 65.38' long and report back to the City Council. Motion declared carried. PUBLIC WORKS -Alderman Murphy, Chair Director of Public Works Dusckett reviewed his memo of May 8, 2003, regarding a four-year tree trinuning agreement with Conunonwealth Edison. Alderman Sayad stated that the City's Forestry Department will have to monitor ComEd; put the areas that are to be trinuned on cable. Dr. M. McKernan, 1920 Andy Lane, addressed the Conunittee of the Whole stating that the City will have to keep an eye on ComEd; we should take an active role in making sure ComEd follows the agreement. Mr. Gary Danfield, 655 River Road, addressed the Conunittee of the Whole asking if dangerous trees also means those that will fall on power lines. Alderman Murphy stated yes. Moved by Beauvais, seconded by Sayad, to concur with Staff reconunendation and reconunend to the City Council approval of a four-year agreement with Conunonwealth Edison effective June 1, 2003 through May 31, 2007 for Tree Trinuning; Conunonwealth Edison notify the City upon each renewal; City Council review agreement at time of each renewal; and further reconunend that Resolution R-64-03 be adopted at appropriate time this evening. Motion declared carried. FINANCE & ADMINISTRATION -Alderman Sayad, Chair Moved by Christiansen, seconded by Murphy, to reconunend to the City Council approval of the May 19, 2003 -Warrant Register, in the total amount of $2,197,234.08; and further reconunend that Resolution R-61-03 be adopted at appropriate time this evening. Motion declared carried. VACATION OF TIMES DRIVE: ORDINANCE M-28-03 2002 SUPPLEMENTAL APPROPRIA. : ORDINANCE M-32-03 NON-UNION EMPLOYEES WAGE INCREASE: 221 05/19/03 PAGE ELEVEN MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Murphy, seconded by Argus, to concur with recommendation of Committee of the Whole held April 29, 2003, to approve vacation of Times Drive from Executive Way south to Oakton Street; contingent upon petitioner providing a fully dedicated access road on the east side of his property that complies with all traffic standards for emergency and business vehicles; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Alderman Brookman voted no. Moved by Christiansen, seconded by Murphy, to adopt Ordinance M-28-03, 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, 2002 AND ENDING DECEMBER 31, 2002. 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 Murphy, to place on First Reading Ordinance M-32-03. Motion declared carried. Alderman Argus voted no. Moved by Sayad, seconded by Christiansen, to advance to Second Reading and adopt Ordinance M-3 2 -0 3 , AN ORDINANCE AMENDING SCHEDULE I "PUBLIC SAFETY PERSONNEL/UNIONIZED", SCHEDULE I-1 "PUBLIC SAFETY SUPERVISORY PERSONNEL/UNIONIZED" SCHEDULE I-B "PUBLIC SAFETY SUPERVISORY PERSONNEL/NON-UNIONIZED," SCHEDULE II, "CLERICAL, ACCOUNTING AND MISCELLANEOUS PERSONNEL/UNIONIZED" SCHEDULE II-A "CLERICAL, ACCOUNTING AND MISCELLANEOUS PERSONNEL/NON- UNIONIZED," SCHEDULE III, "TECHNICAL, ENGINEERING AND INSPECTION PERSONNEL/UNIONIZED" SCHEDULE III-A "TECHNICAL, ENGINEERING AND INSPECTION PERSONNEL/NON-UNIONIZED", SCHEDULE IV "LABOR AND TRADES PERSONNEL/UNIONIZED", SCHEDULE IV-A "LABOR AND TRADES SUPERVISORY PERSONNEL/NON-UNIONIZED", AND SCHEDULE V, "MANAGEMENT PERSONNEL/NON-UNIONIZED" OF SECTION 1-15-4 "CLASSIFICATION PLAN TO THE CITY SERVICE I " OF CHAPTER 15 I TITLE I I OF THE CITY CODE OF DES PLAINES, TO REFLECT A 3.5% INCREASE EFFECTIVE MAY l, 2003 TO APRIL 30, 2004. Upon roll call, the vote was: AYES: NAYS: ABSENT: 6-Beauvais, Christiansen, Murphy, Sayad, Brookman, Smith 1-Argus 1-Becker Motion declared carried. PARKING PAD/ 1073 STOCKTON: COMMONWEALTH EDISON TREE TRIMMING AGREEMENT: Resolution R-64-03 WARRANT REGISTER: Resolution R-61-03 EXECUTIVE SESSION: 222 05/19/03 PAGE TWELVE Moved by Christiansen, seconded by Brookman, to concur with recommendation of Committee of the Whole that petitioner work with Staff and his neighbor to reach a compromise regarding Variation to Section 4- 7-9 of the Building Code Amendments (Hard Surface Limitations), for property located at 1073 Stockton Avenue, to permit expansion of existing driveway and parking pad from 9. 89' wide by 2 8. 82' long to 9. 5' wide by 65.38' long and report back to the City Council. Motion declared carried. Moved by Beauvais, seconded by Sayad, to concur with recommendation of Committee of the Whole approval of a four-year agreement with Commonwealth Edison effective June 1, 2003 through May 31, 2007 for Tree Trimming; Commonweal th Edison notify the City upon each renewal; City Council review agreement at time of each renewal; and further recommend to adopt Resolution R-64-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN COMMONWEALTH EDISON AND THE CITY OF DES PLAINES FOR TREE TRIMMING SERVICES. Motion declared carried. 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 recommendation of Committee Resolution R-61-03, BE IT COUNCIL OF THE CITY OF Argus, to concur with of the Whole to adopt RESOLVED BY THE CITY 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, 197, 234. 08. 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, to go into Executive Session to discuss personnel. 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 City Council recessed at 9:47 p.m. The City Council reconvened at 10:25 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Murphy, Sayad, Brookman, Smith, Argus. PERSONNEL: ADJOURNMENT: 223 05/19/03 PAGE THIRTEEN Moved by Sayad, seconded by Smith, to concur with consensus in Executive Session that the City Council agree with the terms and provisions of the City Manager Employment Agreement and Staff be authorized to execute the Agreement with David J. Niemeyer, candidate for City Manager. Motion declared carried. Moved by Beauvais, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:26 p.m. CITY CLERK APPROVED BY ME THIS DAY OF MAYOR