Loading...
04/06/2009MINUTES 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, APRIL 6, 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, April 6, 2009. ROLL CALL: Roll call indicated the following aldermen present: Moylan, Higgason, Walsten, Smith and Argus. Aldermen Beauvais, Murphy and Brookman were absent. Alderman Beauvais arrived in Executive Session at 6:40 p.m. Alderman Murphy arrived at 7:04 p.m. Also present were: City Manager Bajor, Assistant City Manager Slowinski, Director of Finance Wisniewski, Police Chief Prandini, Fire Chief Jaeger, 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 Higgason, seconded by Walsten, to go into SESSION: Executive Session to discuss personnel. Upon roll call, the vote was: AYES: 5 -Moylan, Higgason, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 3 -Beauvais, Murphy, Brookman Motion declared carried. PRAYER: The City Council recessed at 6:01 p.m. The City Council reconvened at 7:04 p.m. Roll call indicated the following aldermen present: Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus. The opening prayer was given by Reverend James Hines, Brentwood Baptist Church, followed by the Pledge of Allegiance to the Flag. PROCLAMATION: Mayor Arredia read a proclamation declaring April as Alcohol Awareness Month; the City is a partner with the Maine Community Youth Assistance Foundation in its efforts to reduce underage alcohol use through enforcement, retail compliance checks and the Parents who Host Lose the Most social marketing campaign; MCYAF supports the All Stars prevention program in School District 62. CITIZEN PARTICIPA.: Mayor Arredia read a proclamation honoring Veterans of Foreign Wars, Post 2992 on the occasion of their 75' Anniversary; Post 2992 has won many awards over the years including two (2) Governor's Home Town Awards, the Caring Hearts Award, District Post of the Year Award and a Des Plaines Super Star Award. Mr. Andy Samborski, 2108 Sherwin Avenue, addressed the City Council stating that he represents a lot of people who would like to thank Mayor Arredia for all his past years of work; he has touched many lives in our community; he has always been there for the Knights of Columbus and their many projects for people with special needs. 4/6/09 PAGE TWO CITIZEN President Colin Carroll, International Association of (Cont'd.) Firefighters - Local 4211, addressed the City Council and read a statement (in City Council file) thanking the aldermen whose terms have expired and Mayor Arredia for their years of dedicated service to the citizens of Des Plaines; however there is concern over the recent "demonization" of unions by certain remaining members of this body; we have supported candidates in this upcoming election that we feel have the City's best interest at heart, but we will work diligently with those the citizens choose. Mrs. Kathy Krus, 888 Mason Lane, addressed the City Council stating that she has been here before about the problem she and her neighbors are having with the Science & Arts Academy with the noise and activities on their property; she was told last time that there would be a meeting with all parties to resolve this situation; no one has called her. Mayor Arredia apologized; he thought a date had been set for a meeting; he will look into this and respond to Mrs. Krus. CONSENT Alderman Smith requested that Items 5 and 5a be removed AGENDA: from the Consent Agenda; City Clerk McAllister requested that Items 11, lla, 16 and 16a be removed. Moved by Beauvais, seconded by Higgason, to establish a Consent Agenda except for Items 5, 5a, 11, lla, 16 and 16a. Motion declared carried. Moved by Murphy, seconded by Higgason, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7 -Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. Minutes were approved, and Staff recommendations and requests were approved; Ordinances M-15-09 and M-16-09 were approved; Ordinances M-19-09 and Z-15-09 were placed on First Reading; and Resolutions R-40-09, R-41-09, R-42- 09, R-43-09, R-44-09, R-46-09, R-47-09, R-48-09, R-49-09 and R-51-09 were adopted. MINUTES: Moved by Murphy, seconded by Higgason, to approve minutes Consent of the regular meeting of the City Council held March 16, Agenda 2009, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Higgason, to approve minutes of the Executive Session of the regular meeting of the City Council held March 16, 2009. Motion declared carried as approved unanimously under Consent Agenda. AMENDMENT/ Moved by Murphy, seconded by Higgason, to concur with ELEC. GAMES Staff recommendation to amend Title 4, Chapter, 5 - & AMUSEMENT "Amusements," Section 4-5-2 - "Supplier License for DEVICES: Electronic Games/Amusement Devices" of the City Code to Consent delete Section 4-5-2:4., which would remove the Agenda requirement that an establishment must hold a liquor license as a prerequisite to having electronic games and Ordinance amusement devices on the premises; and further recommend M-19-09 to place on First Reading Ordinance M-19-09, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 5, "AMUSEMENTS," SECTION 2, "SUPPLIER LICENSE FOR ELECTRONIC GAMES/AMUSEMENT DEVICES," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. ZONING CASE 09 -7 -CU CONDIT. USE/ 110 S. D.P. RIVER RD.: Consent Agenda Ordinance Z-15-09 INTERLOCAL AGREEMENT/ CITY -PARK DISTRICT & SENIOR CTR.: Resolution R-39-09 AGREEMENT/ POLICE SGT. PROMOTIONAL TESTING SERVICES: Consent Agenda Resolution R-40-09 ACCEPTANCE OF CREDIT CARD PAYMENTS: Consent Agenda Resolution R-41-09 NACCHO GRANT AGREEMENT/ MEDICAL RESERVE CORPS: Consent Agenda Resolution R-42-09 4/6/09 PAGE THREE Moved by Murphy, seconded by Higgason, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 09 -7 -CU, to grant request for Conditional Use, with conditions, to permit a Dog Training Facility (Domestic Pet Service) in C-3 General Commercial District on property located at 110 S. Des Plaines River Road; and further recommend to place on First Reading Ordinance Z- 15-09, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT A DOG TRAINING FACILITY (DOMESTIC PET SERVICE) AT 110 SOUTH DES PLAINES RIVER ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Moylan, to concur with Staff recommendation that City Manager and City Clerk be authorized to execute "Interlocal Agreement Between City of Des Plaines, the Des Plaines Park District and the Des Plaines Community Senior Center for the Provision and Funding of Services;" in 2009 the City shall fund the Des Plaines Community Senior Center in the amount of $40,000 (future funding to be determined annually)/Budgeted Funds.; the Des Plaines Park District shall provide annual funding in the amount of $30,000; all to allow the Des Plaines Community Senior Center to provide programs and services to area senior residents; and further recommend to adopt Resolution R-39-09, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DES PLAINES, THE DES PLAINES PARK DISTRICT AND THE DES PLAINES SENIOR CENTER FOR THE PROVISION AND FUNDING OF SERVICES. Upon roll call, the vote was: AYES: 5 -Beauvais, Moylan, Murphy, Walsten, Argus NAYS: 0 -None ABSENT: 1 -Brookman ABSTAIN:2-Higgason, Smith (conflict of interest) Motion declared carried. Moved by Murphy, seconded by Higgason, to concur with Staff recommendation to accept proposal from Resource Management Associates, 17037 S. Oak Park Avenue, Tinley Park, IL 60477, to provide Police Sergeant Promotional Testing Consulting Services in an amount not -to -exceed $20,850/Budgeted Funds; it would be in the best interest of the City that usual bid procedures be waived; and further recommend to adopt Resolution R-40-09, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DES PLAINES AND RESOURCE MANAGEMENT ASSOCIATES FOR POLICE SERGEANT PROMOTIONAL TESTING CONSULTANT SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Higgason, to concur with Staff recommendation that Director of Finance be authorized to continue to accept payment of fines, fees, charges, taxes, costs, or bills owing to, collected by, or imposed by the City via the Internet, telephone or in- person from the following major credit cards: Visa, Mastercard and Discover; and further recommend to adopt Resolution R-41-09, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF CREDIT CARD PAYMENTS BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Higgason, to concur with Staff recommendation to accept grant from the National Association of County and City Health Officials (NACCHO), 1100 17th Street, N.W., Second Floor, Washington, DC 20036, in the amount of $5,000 for purchase of equipment to build the capacity of the Medical Reserve Corps; and further recommend to adopt Resolution R-42-09, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS IN THE AMOUNT OF $5,000. Motion declared carried as approved unanimously under Consent Agenda. col AGREEMENT/ CALL ONE ISDN -PRI BACKUP CIRCUITS: Consent Agenda Resolution R-43-09 EMERGENCY SEWER REPAIR/ 170 I NORTHWEST HIGHWAY: Consent Agenda Resolution R-44-09 EMERGENCY SEWER REPLACEMENT/ 374 LEE ST.: Resolution R-45-09 PURCHASE OF PORTABLE RADIOS/POLICE DEPARTMENT: Consent Agenda Resolution R-46-09 CONTRACT/ ELECTRICAL INSPECTION SERVICES OF ELEVATORS: Consent Agenda Resolution R-47-09 4/6/09 PAGE FOUR Moved by Murphy, seconded by Higgason, to concur with Staff recommendation that City Manager and City Clerk be authorized to execute three (3) -year "Customer Service Agreement" effective April 6, 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 Backup Circuits for digital voice communication (the primary circuits were approved on March 2, 2009 - Resolution R-29-09), at the rate of $400 per circuit, per month; for a total contract amount of $28,800/Budgeted Funds; and further recommend to adopt Resolution R-43-09, A RESOLUTION AUTHORIZING THE EXECUTION OF A THREE YEAR CUSTOMER SERVICE AGREEMENT BETWEEN UNITED COMMUNICATIONS SYSTEMS COMPANY D/B/A CALL ONE AND THE CITY OF DES PLAINES FOR TWO ISDN -PRI BACKUP CIRCUITS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Higgason, to concur with Staff recommendation to accept proposal from Rick's Sewer and Drainage, 9105 Carmel Court, Spring Grove, IL 60081, to perform emergency repair of sanitary sewer at the rear of townhouse on property located at 170 I Northwest Highway, in an amount not -to -exceed $11,900/General Fund Reserve; and further recommend to adopt Resolution R-44- 09, A RESOLUTION AUTHORIZING RICK'S SEWER AND DRAINAGE TO PERFORM AN EMERGENCY SEWER REPAIR AT THE REAR OF THE TOWNHOUSE LOCATED AT 170 I NORTHWEST HIGHWAY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Higgason, to concur with Staff recommendation to accept proposal from Martam Construction, Inc., 1200 Gasket Drive, Elgin, IL 60120, to perform emergency replacement of sanitary sewer under the Lee Street pavement to the 374 Lee Street building, in the amount of $129,340/Water-Sewer Fund; and further recommend to adopt Resolution R-45-09, A RESOLUTION AUTHORIZING MARTAM CONSTRUCTION, INC. TO PERFORM AN EMERGENCY SANITARY SEWER REPLACEMENT AT 356-374 LEE STREET. Upon roll call, the vote was: AYES: 7 -Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. Moved by Murphy, seconded by Higgason, to concur with Staff recommendation to accept proposal from United Radio Communications, Inc., 9200 S. Oketo Avenue, Bridgeview, IL 60455, for purchase of 112 Motorola PR 1500 Radios and Accessories, in the amount of $79,179.40; $50,040 received from Illinois Department of Commerce & Economic Opportunity and Byrne Justice Assistance grants; $29,139.40 from Federal Asset Forfeiture Funds (no cost to the City); and further recommend to adopt Resolution R-46-09, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO PURCHASE 112 MOTOROLA PR 1500 RADIOS FROM UNITED RADIO COMMUNICATIONS, INC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Higgason, to concur with Staff recommendation that City Manager and City Clerk be authorized to execute "Contract for Inspection Services" with Thompson Elevator Inspection Service, Inc., 1302 E. Thayer Street, Mt. Prospect, IL 60056, to perform Electrical Inspection Services of Elevators, for a three (3) -year period beginning January 1, 2009 through December 31, 2011, in the amount as set forth in the schedule of fees, dated November 7, 2006 - Exhibit "1" of the contract; and further recommend to adopt Resolution R-47-09, A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THOMPSON ELEVATOR INSPECTION SERVICES, INC. AND THE CITY OF DES PLAINES FOR R-47-09 (Cont'd.) BID AWARD/ 2009 TREE TRIMMING: Consent Agenda Resolution R-48-09 BID AWARD/ 2009 TREE & STUMP REMOVAL: Consent Agenda Resolution R-49-09 BID AWARD/ STREET LIGHTS REPAIR & UTILITY LOCATION: Resolution R-50-09 BID AWARD/ PURCHASE OF GAS & DIESEL: Consent Agenda Resolution R-51-09 ORDINANCE M-15-09 DEPUTY EXEC. COORD/EMA: Consent Agenda ORDINANCE M-16-09 SALE OF CITY PROPERTY/ NWMC AUCTION: Consent Agenda 4/6/09 PAGE FIVE MECHANICAL AND ELECTRICAL INSPECTION SERVICES OF ALL ELEVATORS THROUGHOUT THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Higgason, to concur with Staff recommendation to award bid for 2009 Tree Trimming to the lowest bidder, Robert W. Hendricksen, 2131 S. Foster Avenue, Wheeling, IL 60090, for a one (1) -year period with optional annual extensions, for Option 2 - Without Performance Bond Requirement in the following amounts: 3"-12" dia. - $11; 13"-24" dia. - $24; 25"-36" dia. - $43.70; 37"-48" dia. - $55; 49" dia. and over - $55; Emergency Labor - $85; Equipment - $60; Aerial Truck - $60 and Loader - $60; for a total not -to -exceed amount of $200,000/Budgeted Funds; and further recommend to adopt Resolution R-48-09, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM ROBERT W. HENDRICKSEN FOR TREE TRIMMING. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Higgason, to concur with Staff recommendation to award bid for 2009 Tree and Stump Removal to the lowest bidder, Robert W. Hendricksen, 2131 S. Forster Avenue, Wheeling, IL 60090, for a one (1) -year period, with optional annual extensions, without performance bond requirement; in the following amounts: 15"-24" dia. - $18; 25"-31" dia. - $23; 31"-36" dia. - $26; 37" dia. and up - $55; Emergency Labor - $85; Equipment - $60; Aerial Truck - $60 and Loader - $60; for a total not -to -exceed amount of $75,000/Budgeted Funds; and further recommend to adopt Resolution R-49-09, A RESOLUTION OF THE CITY AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM ROBERT W. HENDRICKSEN FOR TREE AND TREE STUMP REMOVAL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Moylan, to POSTPONE until April 20, 2009, the matter of the bid award for Street Lights Repair & Utility Location and Resolution R-50-09, for further Staff review. Motion declared carried. Moved by Murphy, seconded by Higgason, to concur with Staff recommendation to award bid for purchase of Gasoline and Diesel Fuel to the lowest bidder, Warren Oil Company, 7439 W. Archer Avenue, Summit, IL 60501, for a one (1) -year period with optional annual extensions; for an over -average price of $0.0085 lead-free gasoline and $0.0175 over -average diesel fuel; for a total amount of $440,001 for lead-free gasoline and $170,002 for diesel fuel/Budgeted Funds; and further recommend to adopt Resolution R-51-09, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FOR GASOLINE AND DIESEL FUEL FROM WARREN OIL COMPANY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Higgason, to adopt Ordinance M-15-09, AN ORDINANCE AMENDING TITLE 2, "BOARDS AND COMMISSIONS," CHAPTER 5 "HOMELAND SECURITY AND EMERGENCY MANAGEMENT AGENCY," OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Higgason, to adopt Ordinance M-16-09, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE WITH THE DES PLAINES CITY CODE SECTION 1-12-4. Motion declared carried as approved unanimously under Consent Agenda. NEW BID RETURN DATE/ 2009 CONCRETE & ALLEY IMPROVE.: SUSPEND THE RULES: WARRANT REGISTER: AMENDMENTS/ ANIMAL CONTROL ORDINANCE: 4/6/09 PAGE SIX City Clerk McAllister announced that the bid return date for the 2009 Concrete & Alley Improvements has been changed from April 2, 2009 to Thursday, April 16, 2009, at 3:00 p.m., due to the inclusion of this project into the Community Development Block Grant (CDBG) Program and the Federal advertising requirements. Moved by Beauvais, seconded by Murphy, to suspend the rules to permit public input on a matter not on the agenda. Motion declared carried. Mrs. Carmella Coletto, 1230 and 1222 Brown Street, addressed the City Council regarding the bad condition of a section of the alley behind her street; this section was not done when the alleys were redone a while back; she complained several times but nothing is done; she asked when her alley will be replaced. City Manager Bajor said that he will see if it can be moved up on the replacement list; he will look into this. MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE 'Moved by Higgason, seconded by Murphy, to recommend to the City Council approval of the April 6, 2009 - Warrant Register, in the total amount of $2,448,197.59, and further recommend that Resolution R-52-09 be adopted at appropriate time this evening. Motion declared carried. PUBLIC SAFETY - Alderman Beauvais, Chair Deputy Police Chief Burton stated that the Police Department has become involved in an initiative offered by Sheriff Tom Dart - Partners Against Animal Cruelty (PAAC); the goal of this initiative has been the prevention of animal abuse and cruelty through public awareness and the enforcement of laws/ordinances; this initiative also resulted in additional training for the City's Animal Control Officer. Deputy Police Chief Burton stated that Staff is recommending approval of the proposed amendments to Title 6, Section 1 - "Animal Control" of the City Code to clarify ownership responsibilities and allow for stronger enforcement of chronic problems. Moved by Higgason, seconded by Moylan, to concur with Staff recommendation and recommend to the City Council to amend Title 6, Section 1 - "Animal Control" of the City Code to clarify ownership responsibilities and allow for stricter enforcement of animal abuse and cruelty violations; and place Ordinance M-13-09 on First Reading at appropriate time this evening. Motion declared carried. Moved by Beauvais, seconded by Hiagason, to concur with Staff recommendation and recommend to the City Council to amend Title 6, Section 1 - "Animal Control," Article A - "Dogs and Cats" of the City Code to clarify ownership responsibilities and allow for stricter enforcement of animal abuse and cruelty violations; and place Ordinance M-14-09 on First Reading at appropriate time this evening. Motion declared carried. LEGAL & LICENSING - Alderman Smith, Vice Chair 4/6/09 PAGE SEVEN AMENDMENT/ Director of Finance Wisniewski reviewed her memo of March LATE FEES 25, 2009, regarding the late fees on business license FOR BUSINESS renewals; Staff is recommending to change the.existing LICENSES: 100% penalty from 40 days past due to 60 days past due, to allow additional time between the 30 day penalty of 25%, and enforce the City Code by not waiving the late fees due to the "repeat offender" status of the businesses in question. Moved by Higgason, seconded by Murphy, to concur with Staff recommendation and recommend to the City Council to amend Title 4, Chapter 1, Section 4-1-6 - "License Fees" of the City Code to change the existing 100% penalty from 40 days past due to 60 days past due for payment of business licenses; place Ordinance M-20-09 on First Reading at appropriate time this evening; and further recommend that City enforce the City Code by not waiving the late fees due to the "repeat offender" status of the businesses in question. Motion declared carried. Moved by Hiaggason, seconded by Walsten, to concur with Staff recommendation and recommend to the City Council to amend Title 4, Chapter 2, Section 4-2-4 - "Fees and Penalties" of the City Code to change the existing 100% penalty from 40 days past due to 60 days past due for payment of business licenses; place Ordinance M-21-09 on First Reading at appropriate time this evening; and further recommend that City enforce the City Code by not waiving the late fees due to the "repeat offender" status of the businesses in question. Motion declared carired. COMMUNITY DEVELOPMENT - Alderman Murphy, Chair ELGIN-O'HARE Director of Community & Economic Development Conlan EXPRESSWAY/ stated that the Village of Elk Grove has requested the WEST BYPASS: City support the West Bypass North Connection "Alternate 203 - Option D" proposal for an extension of the Elgin/O'Hare Expressway to the east, together with a western bypass around O'Hare International Airport; this connection to the I-90 Tollway west of the airport could provide for the long-awaited completion of the full interchange at Elmhurst Road. Director Conlan stated that the City has expressed its support of this basic concept but there will be several years worth of planning and analysis required before any access corridors and interchange improvements are finalized. ZONING CASE Director of Community & Economic Development Conlan 09-4-V reviewed this request for a Variation to legalize the VARIATION/ construction of an over -height garage where a detached 525 S. accessory structure is limited to a height of 15' on FIFTH AVE.: property located at 525 S. Fifth Avenue; the Des Plaines Zoning Board of Appeals and Staff are recommending denial of this request. Moved by Beauvais, seconded by Higgason, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff and recommend to the City Council, re Zoning Case 09-4-V, to DENY request for Variation to legalize the construction of an over -height garage where a detached accessory structure is limited to a height of 15' in R-1 Single Family Residential District on property located at 525 S. Fifth Avenue. Motion declared carried. ZONING CASE Director of Community & Economic Development Conlan 09-3-V reviewed this request for a Variation to legalize and VARIATION/ allow the completion of an 874 sq. ft. accessory 685 structure with a side -yard setback of approximately 3.8', ELIZABETH: where a maximum of 720 sq. ft. is allowed for a detached accessory structure and a minimum side -yard setback of 09-3-V (Cont'd.) WARRANT REGISTER: Resolution R-52-09 AMENDMENT/ ANIMAL CONTROL ORDINANCE: Ordinance M-13-09 AMENDMENT/ ANIMAL CONTROL ORDINANCE: Ordinance M-14-09 AMENDMENT/ LATE FEES FOR BUSINESS LICENSES: Ordinance M-20-09 Ordinance M-21-09 4/6/09 PAGE EIGHT 5' is required by code within the R-1 Single Family Residential District on property located at 685 Elizabeth Lane; the Des Plaines Zoning Board of Appeals and Staff are recommending approval of the side -yard setback Variation, but are recommending denial of the request to legalize and allow the completion of an 874 sq. ft. accessory structure where a maximum of 720 sq. ft. is allowed for a detached accessory structure. Moved by Argus, seconded by Beauvais, to concur with recommendation of Des Plaines Zoning Board of Appeals and Staff and recommend to the City Council, re Zoning Case 09-3-V, to DENY request for Variation to legalize and allow the completion of an 874 sq. ft. accessory structure where a maximum of 720 sq. ft. is allowed for a detached accessory structure in R-1 Single Family Residential District on property located at 685 Elizabeth Lane. Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Smith, seconded by Murphy, to concur with recommendation of Committee of the Whole to adopt Resolution R-52-09, 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: $2,448,197.59. Upon roll call, the AYES: 7 -Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. vote was: Argus Moved by Beauvais, seconded by Higgason, to concur with recommendation of Committee of the Whole to amend Title 6, Section 1 - "Animal Control" of the City Code to clarify ownership responsibilities and allow for stricter enforcement of animal abuse and cruelty violations; and further recommend to place on First Reading Ordinance M-13-09. Motion declared carried. Moved by Beauvais, seconded by Argus, to concur with recommendation of Committee of the Whole to amend Title 6, Section 1 - "Animal Control," Article A - "Dogs and Cats" of the City Code to clarify ownership responsibilities and allow for stricter enforcement of animal abuse and cruelty violations; and further recommend to place on First Reading Ordinance M-14-09. Motion declared carried. Moved by Smith, seconded by Walsten, to concur with recommendation of Committee of the Whole to amend Title 4, Chapter 1, Section 4-1-6 - "License Fees" of the City Code to change the existing 100% penalty from 40 days past due to 60 days past due for payment of business licenses; place on First Reading Ordinance M-20-09; and further recommend that the City enforce the City Code by not waiving the late fees due to the "repeat offender" status of the businesses in question. Motion declared carried. Moved by Smith, seconded by Murphy, to concur with recommendation of Committee of the Whole to amend Title 4, Chapter 2, Section 4-2-4 - "Fees and Penalties" of the City Code to change the existing 100% penalty from 40 days past due to 60 days past due for payment of business licenses; place on First Reading Ordinance M-21-09; and further recommend that the City enforce the City Code by not waiving the late fees due to the "repeat offender" status of the businesses in question. Motion declared carried. 1 1 1 4/6/09 PAGE NINE ZONING CASE Moved by Murphy, seconded by Higgason, to concur with 09-4-V recommendation of Committee of the Whole, re Zoning Case VARIATION/ 09-4-V, to DENY request for Variation to legalize the 525 S. construction of an over -height garage where a detached FIFTH AVE.: accessory structure is limited to a height of 15' in R-1 Single Family Residential District on property located at 525 S. Fifth Avenue. Motion declared carried. ZONING CASE Moved by Murphy, seconded by Argus, to concur with 09-3-V recommendation of Committee of the Whole, re Zoning Case VARIATION/ 09-3-V, to DENY request for Variation to legalize and 685 allow the completion of an 874 sq. ft. accessory ELIZABETH: structure where a maximum of 720 sq. ft. is allowed for a detached accessory structure in R-1 Single Family Residential District on property located at 685 Elizabeth Lane. Motion declared carried. ORDINANCE Moved by Beauvais, seconded by Murphy, to advance to Z-15-09 Second Reading and adopt Ordinance Z-15-09, AN ORDINANCE CONDIT. USE/ ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT A DOG 110 S. D.P. TRAINING FACILITY (DOMESTIC PET SERVICE) AT 110 SOUTH DES RIVER RD.: PLAINES RIVER ROAD, DES PLAINES, ILLINOIS (Case 09 -7 -CU). Upon roll call, the vote was: AYES: 7 -Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. ORDINANCE Moved by Beauvais, seconded by Argus, to advance to M-13-09 Second Reading and adopt Ordinance M-13-09, AN ORDINANCE AMENDMENT/ AMENDING TITLE 6, "POLICE REGULATIONS," SECTION 1, ANIMAL "ANIMAL CONTROL," OF THE CITY OF DES PLAINES CITY CODE. CONTROL Upon roll call, the vote was: ORDINANCE: AYES: 7 -Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. ORDINANCE Moved by Beauvais, seconded by Murphy, to advance to M-14-09 Second Reading Ordinance M-14-09, AN ORDINANCE AMENDING AMENDMENT/ TITLE 6, "POLICE REGULATIONS," SECTION 1, "ANIMAL ANIMAL CONTROL," ARTICLE A, "DOGS AND CATS," OF THE CITY OF DES CONTROL PLAINES CITY CODE. Upon roll call, the vote was: ORDINANCE: AYES: 7 -Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. ADJOURNMENT: Moved by Murphy, seconded by Higgason, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:33 p.m. APPROVED BY ME T DAY OF , 2009 Anthony W,/Arredia, MAYOR Donna McAllister, MMC - CITY CLERK