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03/02/2009MINUTES 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, MARCH 2, 2009 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 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 2, 2009. ROLL CALL: Roll call indicated the following aldermen present: Murphy, Higgason, Walsten, Smith and Argus. Aldermen Beauvais, Moyan and Brookman were absent. Alderman Brookman arrived in Executive Session at 6:04 p.m. Alderman Beauvais in Executive Session at 6:08 p.m. Alderman Moylan arrived at 7:07 p.m. Also present were: City Manager Bajor, Assistant City Manager Slowinski, Acting Director of Finance Wisniewski, Deputy Police Chief Burton, Deputy Fire Chief Small, Director of Engineering Oakley, Acting Director of Public Works Laux, Director of Community & Economic Development Conlan, Director of Information Technology Duebner, Director of Human Resources Earl, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE Moved by Murphy, seconded by Argus, to go into Executive SESSION: Session to discuss collective bargaining and pending litigation. Upon roll call, the vote was: AYES: 5 -Murphy, Higgason, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 3 -Beauvais, Moylan, Brookman Motion declared carried. PRAYER: The City Council recessed at 6:01 p.m. The City Council reconvened at 7:07 p.m. Roll call indicated the following aldermen present: Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus. The opening prayer was given by Reverend Scott Ziegler, Des Plaines Bible Church, followed by the Pledge of Allegiance to the Flag. COLLECTIVE Moved by Beauvais, seconded by Murphy, to concur with BARGAINING/ majority agreement in Executive Session that Staff be MECCA UNION: authorized to proceed as directed regarding negotiations with the MECCA Union (Public Works). Motion declared carried (Aldermen Beauvais, Murphy, Higgason, Brookman and Mayor Arredia voted yes; Aldermen Moylan, Walsten, Smith and Argus voted no). PENDING Moved by Brookman, seconded by Murphy, to concur with LITIGATION/ consensus in Executive Session that Staff be authorized L.E.D. to proceed as directed regarding the L.E.D. billboard BILLBOARD along the north side of I-90 Tollway in the 300 block of TIF #3: Wille Road, TIF District #3 - Phase II. Motion declared carried. CITIZEN Mr. Brian Burkross, 2133 Webster Lane, addressed the City PARTICIPA.: Council stating that he is President of the Citizens for Political Reform; they are hosting a "Meet & Greet" Candidates Night at Friendship Park on Thursday, March 19, 2009 from 7:00 p.m. to 9:00 p.m.; everyone is invited to attend and meet the candidates. 3/2/09 PAGE TWO CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the City (Cont'd.) Council stating that there is going to be a Candidates Night here at City Hall at the end of the month; there is a ban against campaign literature on City property; could the ban be lifted for that night so candidates would be able to hand out their literature to the residents? City Attorney Wiltse said yes, the City Council could suspend the rules to permit distribution of campaign literature on that night. Moved by Brookman, seconded by Murphy, to suspend the rules to permit distribution of campaign literature at City Hall on March 25, 2009, and this matter be placed on the agenda for March 16, 2009. Motion declared carried. Phil, who lives at 446 W. Touhy Avenue, Lot #393 addressed the City Council regarding the condition of the roads on Higgins Road near O'Hare and east and west of Elmhurst Road on Oakton Street; they need to be repaired. Director of Engineering Oakley said that IDOT has been contacted several times regarding these roads. AMENDMENTS/ Moved by Beauvais, seconded by Murphy, to POSTPONE until ANIMAL April 6, 2009 the amendments to the Animal Control ORDINANCES: Ordinances and Ordinances M-13-09 and M-14-09, scheduled to be discussed under Committee of the Whole later in the Ordinance meeting. Motion declared carried. M-13-09 Ordinance M-14-09 CONSENT City Clerk McAllister requested that Items 3 and 3a be AGENDA: removed from the Consent Agenda; and Alderman Walsten requested that Items 5 and 5a be removed. Moved by Murphy, seconded by Argus, to establish a Consent Agenda except for Items 3, 3a, 5 and 5a. Motion declared carried. Moved by Murphy, seconded by Brookman, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8 -Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Minutes were approved, and Staff recommendations and requests were approved; Ordinance M-7-09 and Z-7-09 were approved; Ordinances M-10-09, M-12-09 and Z-5-09 were placed on First Reading; and Resolutions R-29-09 and R- 31-09 were adopted. MINUTES: Moved by Murphy, seconded by Brookman, to approve minutes Consent of the regular meeting of the City Council held February Agenda 17, 2009, as published. Motion declared carried as approved unanimously under Consent Agenda. PROHIBIT Moved by Murphy, seconded by Brookman, to concur with POTABLE Staff recommendation to prohibit the use of groundwater GROUNDWATER/ (well water) as a potable water supply by installation 1602 RIVER: of or use of potable water supply wells or by any other Consent method for property located at 1602 S. Des Plaines River Agenda Road; and further recommend to place on First Reading Ordinance M-10-09, AN ORDINANCE PROHIBITING THE USE OF Ordinance GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION M-10-09 OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD AT 1602 RIVER ROAD IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. CITY OF CHICAGO WATER RATE INCREASE: Ordinance M-11-09 FEE INCREASE/ CITY PARKING LOTS OR FACILITIES: Consent Agenda Ordinance M-12-09 TRAFFIC RESTRICTION/ PRAIRIE AVE. & LEE ST.: Ordinance T-1-09 RESCIND ORD. Z-27-08 2675 MANNHEIM: Consent Agenda Ordinance Z-5-09 AGREEMENT/ CALL ONE ISDN -PRI CIRCUITS: Consent Agenda Resolution R-29-09 3/2/09 PAGE THREE Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council asking what was Chicago's previous water rate. Acting Director of Finance Wisniewski said $3.056 per 100 cubic feet, which would be reflected in the March water bill to the residents. Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation that City establish and approve the City of Chicago 2009 Retail Water Rate at $3.228 per 100 cubic feet/Water-Sewer Fund, effective January 1, 2009; and further recommend to place on First Reading Ordinance M-11-09, AN ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES," CHAPTER 1, "WATER SYSTEM REGULATIONS," SECTION 7, "RATES" OF THE DES PLAINES CITY CODE. Motion declared carried. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to amend Title 7, Chapter 7, Section 7-7-7-B - "City Parking Lots, Parking Facilities and Time Limits" of the City Code to increase the daily parking fee at the Metra commuter lots and Metropolitan Square Garage from $1.25 to $1.50; concur with Staff recommendation to increase the monthly fee for the limited number of monthly permits on the south side of downtown from $25 to $30 per month; all increases effective April 2, 2009; and further recommend to place on First Reading Ordinance M-12-09, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 7, "PARKING LOTS," SECTION 7, "CITY PARKING LOTS, PARKING FACILITIES AND TIME LIMITS," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Brookman, to concur with Staff recommendation to amend Title 7, Chapter 4 - "Miscellaneous Driving Rules," Section 7-4-3-B.9 of the City Code to delete no right turn on red, from 8:00 a.m. to 6:00 p.m., for westbound traffic on Prairie Avenue to Lee/Mannheim Road, and add no right turn on red when pedestrians are present for westbound traffic on Prairie Avenue to Lee/Mannheim Road; and further recommend to place on First Reading Ordinance T-1-09, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, "MISCELLANEOUS DRIVING RULES," SECTION 3, "TURNING AND BACKING MOVEMENTS," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to rescind Ordinance Z-27-08, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT A CLASS B RESTAURANT WITH CUSTOMER SEATING FOR 28 PERSONS AT 2675 S. MANNHEIM ROAD, DES PLAINES, ILLINOIS (Case 08- 42 -CU) , approved by the City Council on October 20, 2008, because petitioner could not secure financing for the restaurant; and further recommend to place on First Reading Ordinance Z-5-09, AN ORDINANCE RESCINDING ORDINANCE Z-27-08, WHICH ALLOWED A CONDITIONAL USE PERMIT TO PERMIT A CLASS B RESTAURANT WITH CUSTOMER SEATING FOR 28 PERSONS AT 2675 SOUTH MANNHEIM ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under, Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation that City Manager and City Clerk be authorized to execute a three (3) -year "Customer Service Agreement," effective March 2, 2009, with United Communication Systems, Inc., d/b/a Call One, 123 N. Wacker Drive, Floor 7, Chicago, IL 60606, for two (2) ISDN -PRI circuits for digital voice communication at the rate of $400 per circuit, per month, for a total contract amount of $28,800; and further recommend to adopt Resolution R-29-09, A RESOLUTION AUTHORIZING THE EXECUTION OF A THREE YEAR CUSTOMER SERVICE AGREEMENT 3/2/09 PAGE FOUR R-29-09 BETWEEN UNITED COMMUNICATION SYSTEMS COMPANY D/B/A CALL (Cont'd.) ONE AND THE CITY OF DES PLAINES FOR TWO ISDN -PRI CIRCUITS. Motion declared carried as approved unanimously under Consent Agenda. CONTRACT Moved by Murphy, seconded by Brookman, to concur with EXTENSION/ Staff recommendation to authorize contract extension with FIRE ALARM Ahern Fire Protection, 1364 Hamilton Parkway, Itasca, IL TESTING & 60143, for Testing and Maintenance of Electrical Fire INSPECTIONS: Protection Equipment and Fire Sprinkler System (awarded Consent by the City Council on March 20, 2006), for a three (3) - Agenda year period beginning March 20, 2009 through and including March 19, 2012, for the annual amount of $8,250 Resolution (2006 bid price)/Budgeted Funds; and further recommend R-31-09 to adopt Resolution R-31-09, A RESOLUTION AUTHORIZING THE EXECUTION OF A THREE-YEAR EXTENSION OF A CONTRACT FOR FIRE ALARM TESTING AND INSPECTION SERVICES BETWEEN AHERN FIRE PROTECTION AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISING Moved by Murphy, seconded by Brookman, to concur with FOR BIDS: Staff recommendation that City Clerk be authorized to Consent advertise for bids for 2009 Tree Trimming, returnable by Agenda 3:00 p.m., Wednesday, March 18, 2009. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 2009 Tree and Stump Removal, returnable by 3:00 p.m., Wednesday, March 18, 2009. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Repair and Utility Location of Street Lights and Underground Wiring, returnable by 3:00 p.m., Wednesday, March 18, 2009. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Murphy, seconded by Brookman, to adopt Ordinance M-7-09 M-7-09, AN ORDINANCE AMENDING TITLE 10, "BUILDING PRIVATE PARK. REGULATIONS," CHAPTER 6, "PRIVATE PARKING FACILITIES FACILITIES REGULATIONS," OF THE CITY OF DES PLAINES CITY CODE. REGULATIONS Motion declared carried as approved unanimously under CHANGES: Consent Agenda. Consent Agenda ORDINANCE Moved by Murphy, seconded by Brookman, to adopt Ordinance Z-7-09 Z-7-09, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE CONDIT. USE/ PERMIT TO PERMIT A CLASS B RESTAURANT WITH CUSTOMER 1590 RAND: SEATING FOR 46 PERSONS AT 1590 RAND ROAD, DES PLAINES, Consent ILLINOIS (Case 09 -02 -CU). Motion declared carried as Agenda approved unanimously under Consent Agenda. REAPPOINT: Presented for consideration (no action required) was the Mayoral reappointment of Barry Collins to the ECONOMIC DEVELOPMENT COMMISSION. (final action on this matter under Consent Agenda on March 16, 2009) ORDINANCE Moved by Beauvais, seconded by Murphy, to advance to M-11-09 Second Reading and adopt Ordinance M-11-09, AN ORDINANCE CITY OF AMENDING TITLE 9, "PUBLIC UTILITIES," CHAPTER 1, "WATER CHICAGO SYSTEM REGULATIONS," SECTION 7, "RATES" OF THE DES WATER RATE PLAINES CITY CODE. Upon roll call, the vote was: INCREASE: AYES: 8 -Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. 3/2/09 PAGE FIVE ORDINANCE Moved by Beauvais, seconded by Higgason, to advance to T-1-09 Second Reading and adopt Ordinance T-1-09, AN ORDINANCE TRAFFIC AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER RESTRICTION/ 4, "MISCELLANEOUS DRIVING RULES," SECTION 3, "TURNING AND PRAIRIE AVE. BACKING MOVEMENTS," OF THE CITY OF DES PLAINES CITY CODE. & LEE ST.: Upon roll call, the vote was: AYES: 8 -Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE WARRANT Moved by Brookman, seconded by Murphy, to recommend to REGISTER: the City Council approval of the March 2, 2009 - Warrant Register, in the total amount of $2,742,784.95, and further recommend that Resolution R-30-09 be adopted at appropriate time this evening. Motion declared carried. PUBLIC SAFETY - Alderman Beauvais, Chair REPLACEMENT/ Moved by Beauvais, seconded by Brookman, to TAKE FROM THE MASS TABLE the matter of replacement for the Mass Notification NOTIFICATION System and Resolution R-28-09, which was tabled on SYSTEM: February 17, 2009. Motion declared carried. Tabled Item Director of North Suburban Emergency Communications Center Ornberg reviewed her memo of February 18, 2009, regarding the current Mass Notification System (more than ten (10) years old) that is antiquated and does not have the advantage of modern technology; the funding for this system replacement had been in the 2009 Budget but was removed because of cut-backs, however, the City received unexpected funds from the 9-1-1 Wireless Surcharge Fund in the amount of $145,329 which must be spent solely for issues related to 9-1-1 and emergency communications. Director Ornberg stated that Staff is recommending to purchase the replacement Mass Notification System from 3n (National Notification Network) in the amount of $33,524 for the first year and $30,477 for each of the remaining two (2) years of the agreement. Director Ornberg stated that this matter was tabled on February 17, 2009 because the aldermen wanted to review the other proposals that were received; they were sent to the aldermen as requested. Moved by Murphy, seconded by Walsten, to concur with Staff recommendation and recommend to the City Council that the City Manager and City Clerk be authorized to execute "Service Agreement" with 3n (National Notification Network), 505 N. Brand Blvd., Suite 700, Glendale, CA 91203, to purchase the replacement for the Mass Notification System in the amount of $33,524 for the first year and $30,477 for each of the remaining two (2) years of the agreement, effective March 2, 2009; and Resolution R-28-09 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT - Alderman Murphy, Chair 3/2/09 PAGE SIX ZONING CASE Director of Community & Economic Development Conlan 08-18-V reviewed his memos of January 29, 2009 and February 4, VARIATION/ 2009, regarding request for Variations to legalize 1738 CORA: construction of a gazebo and an above ground swimming pool with a front setback of 24.5', instead of not less than 25', in front of the front building line of the house, instead of behind, and to allow three (3) accessory structures (there is also a garage on the site), instead of a maximum of two (2), on property located at 1738 Cora Street. Alderman Argus stated that she is opposed to a swimming pool in the front yard of a house; this would be a dangerous situation; she will be voting no. Alderman Higgason statedthat this request is not unreasonable or unusual; the petitioners should be allowed to enjoy their property. Petitioners Carlos and Marie Burton addressed the Committee of the Whole and answered questions from the aldermen; their neighbors have not expressed any concerns about their request; it would be 20' to 25' from the neighbors; they took down the gazebo so that is no longer part of this request. Director Conlan stated that this is a hardship case because there is no backyard. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that this would establish a precedent by allowing a swimming pool in the front yard; it is very unattractive; it will look tacky; it will have an effect on property values. Alderman Brookman stated that she agrees with Staff's recommendation; this is a unique situation; we consider these requests on a case by case basis. It was noted that the proposed ordinance would have to be amended to remove all references to the gazebo which is not an issue now, and Variation to allow three (3) accessory structures since now there will be only two (2) which is permitted. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council, re Zoning Case 08-18-V, to grant request for Variation to legalize the construction of an above ground swimming pool with a front setback of 24.5', instead of not less than 25', in front of the front building line of the house, instead 'of behind, in R-1 Single Family Residential District on property located at 1738 Cora Street; and Ordinance Z-9-09 - AS AMENDED, be placed on First Reading at appropriate time this evening. Motion declared carried. Aldermen Smith and Argus voted no. ZONING CASE Director of Community & Economic Development Conlan 08-20-V reviewed his memos of January 29, 2009 and February 4, VARIATION/ 2009, regarding request for construction of a swimming 1440 WICKE: pool in the front of the front building line of the house, instead of behind, on property located at 1440 Wicke Avenue. Director Conlan stated that this is a very large lot with no backyard and no side yard; Staff is recommending approval. Attorney Michael Conrad, Conrad & Associates, 1561 Oakton Street, Des Plaines, 60018, representing the petitioner, addressed the Committee of the Whole and answered questions from the aldermen. 1440 WICKE (Cont'd.) 3/2/09 PAGE SEVEN Alderman Moylan stated that he is usually against any structure in the front yard of properties, but this is a unique situation; he will be voting for this request. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation and recommend to the City Council, re Zoning Case 08-20-V, to grant request for Variation to permit construction of an above ground swimming pool in the front of the front building line of the house in R-1 Single Family Residential District on property located at 1440 Wicke Avenue; and Ordinance Z-10-09 be placed on First Reading at appropriate time this evening. Motion declared carried. Alderman Argus voted no. HORSE BARN Alderman Murphy reviewed the proposed ordinance creating OVERLAY a Horse Barn Overlay District; the District shall be DISTRICT: considered an overlay district and apply only to properties located in an underlying R-1 - Single Family Residential District where there currently exists a legal nonconforming use allowing the keeping of horses. Mr. Ronald Moore, 1480 Jefferson Street, addressed the Committee of the Whole stating that he suggested at the Community Development Meeting that the size of the property should determine the number of horses. Director Conlan stated that the number of horses allowed is determined by the size of the barn and size of each stall. Moved by Moylan, seconded by Beauvais, to concur with Staff recommendation and recommend to the City Council to authorize Text Amendment to Section 7.2 - "Residential Districts Regulations" of the Zoning Code to add a new Section 7.2-8-1 - "Horse Barn Overlay District;" and Ordinance Z-11-09 be placed on First Reading at appropriate time this evening. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION ORDINANCE Moved by Beauvais, seconded by Argus, to adopt Ordinance M-9-09 M-9-09, AN ORDINANCE AMENDING TITLE 4, "BUSINESS LIQ. LIC./ REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 1492 MINER: 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS J LIQUOR LICENSE FOR SUGAR BOWL RESTAURANT, INC. D/B/A SUGAR BOWL LOCATED AT 1492 MINER STREET, DES PLAINES, ILLINOIS. Upon roll call, the vote was AYES: 5 -Beauvais, Higgason, Brookman, Walsten, Argus NAYS: 3 -Moylan, Murphy, Smith ABSENT: 0 -None Motion declared carried. WARRANT Moved by Smith, seconded by Murphy, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R-30-09, BE IT RESOLVED BY THE CITY COUNCIL Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE R-30-09 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,742,784.95. Upon roll call, the vote was: AYES: 8 -Beauvais, Moylan, Murphy, Higgason, Brookman., Walsten, Smith, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. REPLACEMENT/ Moved by Beauvais, seconded by Murphy, to concur with MASS recommendation of Committee of the Whole that the City NOTIFICATION Manager and City Clerk be authorized to execute "Service SYSTEM: Agreement" with 3n (National Notification Network), 505 N. Brand Blvd., Suite 700, Glendale, CA 91203, to Resolution R-28-09 3/2/09 PAGE EIGHT R-28-09 purchase the replacement for the Mass Notification System (Cont'd.) in the amount of $33,524 for the first year and $30,477 for each of the remaining two (2) years of the agreement, effective March 2, 2009; and further recommend to adopt Resolution R-28-09, A RESOLUTION RECOMMENDING THE ACCEPTANCE OF A PROPOSAL FROM 3n GLOBAL, INC. FOR A MASS NOTIFICATION SYSTEM. Upon roll call, the vote was: AYES: 7 -Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith NAYS: 1 -Argus ABSENT: 0 -None Motion declared carried. Alderman Argus asked "leave of the body" to change her vote from nay to aye. There were no objections. The roll call now reads: AYES: 8-Beauvais,.Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ZONING CASE Moved by Murphy, seconded by Higgason, to concur with 08-18-V recommendation of Committee of the Whole, re Zoning Case VARIATION/ 08-18-V, to grant request for Variation to legalize 1738 CORA: construction of an above ground swimming pool with a front setback of 24.5', instead of not less than 25', in Ordinance front of the front building line of the house, instead Z-9-09 of behind, in R-1 Single Family Residential District on property located at 1738 Cora Street; and further recommend to place on First Reading Ordinance Z-9-09, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.1-3 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN ABOVE GROUND SWIMMING POOL IN THE FRONT YARD WITH A FRONT YARD SETBACK OF 24.5 FEET. Motion declared carried. Aldermen Smith and Argus voted no. ZONING CASE Moved by Murphy, seconded by Brookman, to concur with 08-20-V recommendation of Committee of the Whole, re Zoning Case VARIATION/ 08-20-V, to grant request for Variation to permit 1440 WICKE: construction of an above ground swimming pool in the front of the front building line of the house in R-1 Ordinance Single Family Residential District on property located Z-10-09 at 1440 Wicke Avenue; and further recommend to place on First Reading Ordinance Z-10-09, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 8.1-3 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN ABOVE GROUND SWIMMING POOL IN THE FRONT YARD AT 1440 WICKE AVENUE, DES PLAINES. Motion declared carried. Alderman Argus voted no. HORSE BARN Moved by Murphy, seconded by Higgason, to concur with OVERLAY recommendation of Committee of the Whole to authorize DISTRICT: Text Amendment to Section 7.2 - "Residential Districts Regulations" of the Zoning Code to add a new Section 7.2 - Ordinance 8-1 - "Horse Barn Overlay District;" and further Z-11-09 recommend to place on First Reading Ordinance Z-11-09. Motion declared carried. Moved by Murphy, seconded by Higgason, to advance to Second Reading and adopt Ordinance Z-11-09, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO 7.2 "RESIDENTIAL DISTRICTS REGULATIONS," OF THE CITY OF DES PLAINES ZONING ORDINANCE. Upon roll call, the vote was: AYES: 8 -Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. 3/2/09 PAGE NINE ADJOURNMENT: Moved by Brookman, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:40 p.m. Donna McAllister, MMC - CITY CLERK 1 APPROVED BY ME THI DAY OF 2009 Anthony W. Arre 1 MAYOR