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12-05-2011CALL TO ORDER: ROLL CALL: 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, DECEMBER 5, 2011 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Martin J. Moylan at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 5, 2011. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Sayad, Brookman, Walsten, Wilson, and Charewicz. Alderman Bogusz arrived at 6:34 p.m. Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Deputy Police Chief Kozak, Fire Chief Wax, Director of Public Works and Engineering Oakley, Director of Information Technology Duebner, Director of Community & Economic Development Bartholomew, and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PROCLAMATION: PUBLIC HEARING/2010 CDBGCAPER REPORT: DISCUSSION: Moved by Robinson, seconded by Brookman, to go into Executive Session to discuss Personnel. Motion passed unanimously. There were no objections. The City Council recessed at 6:31 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, and Charewicz. The opening prayer was given by The Reverend Valentin Popovici, Romanian Baptist Church, followed by the Pledge of Allegiance. Mayor Moylan presented a Proclamation to Deputy Police Chief Kozak proclaiming December as Drunk and Drugged Driving Prevention Month. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 5, 2011 Mayor Moylan called the Public Hearing to order at 7:05 p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the City's Consolidated Annual Performance & Evaluation Report (CAPER) for Program Year 2010, detailing the City's use of Community Development Block Grant (CDBG) Funds, beginning October 1, 2010 and ending September 30, 2011. Associate Planner Yu presented the Program Year 2010 Consolidated Annual Performance & Evaluation Report (CAPER) which indicates how the public J~-R DISCUSSION: (Cont'd) CITIZEN PART.: CONSENT AGENDA: MINUTES: Consent Agenda Page 2of14 12/5/11 service, housing and public facility programs performed in respect to the goals established in the PY2010 Annual Action Plan. Social demographic data is also illustrated to ensure that the Community Development Block Grant (CDBG) program is efficiently working for residents most in need. Staff recommends that it be adopted by the City Council after the public hearing to be submitted to HUD by December 30, 2011. There will be final action on this matter under Items 4 and 4a on the Consent Agenda later in the evening. There were no comments or questions from the aldermen or residents. The Public Hearing was adjourned at 7:07 p.m. The City Council reconvened at 7:08 p.m. Mr. John Graziadei, 1050 Wicke Avenue, addressed the City Council complaining about the Riviera sign on Oakton Street; it is the third time in 11 years; Vision Eye Care building is obstructed by the sign. Mayor Moylan stated that he sent three notices to the Building Department to get it done. City Attorney Wiltse explained that Mr. Mitchell paid for a permit for the sign; the permit is not revocable; the Council approved an extension for the project; the sign is a permitted sign and no one can go on the property to remove it; the City Attorney's office is working on a legislative solution to this problem. Motion by Bogusz, seconded by Sayad, to establish the Consent Agenda, except for Items 3, 3a, 6, 6a and 32. Motion declared carried. Motion by Robinson, seconded by Bogusz, to approve Consent Agenda, except for Items 3, 3a, 6, 6a and 32. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Resolutions R-152-11, R-153-11, R-155-11, R-156-11, R-159-11 and R-160-11 were adopted, and Ordinances M-43-11, M-44-11, M-45-11, M-46-11, M-47-11, M-48-11, M-49-11, M-50-11, M-51-11, M-52-11, M-53-11, M-54-11, M-55-11, M-56-11, M-57-11, M-60-11, M-61-11, M-62-11, M-63-11, M-64-11, Z-34-11 and Z-33-11 were placed on Second Reading and adopted. Moved by Robinson, seconded by Bogusz, to approve minutes of the Regular Meeting of the City Council held November 21, 2011, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to approve minutes of the Executive Session of the City Council meeting held November 21, 2011. Motion declared j~.g_ SIGN VARIATION/ 751 GOLF RD.: Ordinance Z-39-11 ORDINANCE Z-39-11 SIGN VARIATION/ 751 GOLF RD.: 2010 CDBG CAPER: Consent Agenda Resolution R-152-11 EXT. AGR./ AMBULANCE BILLING VENDOR: Consent Agenda Resolution R-153-11 Page 3of14 12/5/11 carried as approved unanimously under Consent Agenda. Alderman Wilson requested that this item be removed from Consent Agenda. Alderman Wilson is against this variance request and will vote no. Moved by Robinson, seconded by Bogusz, to approve consideration of Sign Variance Request at 751 West Golf Road, Case #11-052-V and to place on First Reading Ordinance Z-39-11, AN ORDINANCE APPROVING A MAJOR VARIATION UNDER SECTION 11.6 B. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW A 150 SQUARE FOOT WALL SIGN AT 751 W. GOLF ROAD, DES PLAINES, ILLINOIS. (CASE #11-052-V). Motion declared carried. Alderman Wilson voted no. Moved by Sayad, seconded by Robinson, to advance to Second Reading and adopt Ordinance Z-39-11, AN ORDINANCE APPROVING A MAJOR VARIATION UNDER SECTION 11.6 B. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW A 150 SQUARE FOOT WALL SIGN AT 751 W. GOLF ROAD, DES PLAINES, ILLINOIS. (CASE #11-052-V). Upon roll call, the vote was: A YES: 6-Haugeberg, Robinson, Bogusz, Sayad, W alsten, Charewicz NAYS: 2-Brookman, Wilson ABSENT: 0-None Motion declared carried. Moved by Robinson, seconded by Bogusz, to concur with Staff recommendation to approve 2010 CDBG Comprehensive Annual Performance and Evaluation Report (CAPER); and further recommend to adopt Resolution R-152-11, A RESOLUTION REQUESTING APPROVAL FROM THE CITY OF DES PLAINES CITY COUNCIL OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR PROGRAM YEAR 2010, A REPORT IN CONJUNCTION WITH THE ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to concur with Staff recommendation that the City enter the agreement for a one-year extension for ambulance billing services, for the period January 1, 2012 to December 31, 2012, in the amount of 6% of collections with Medical Reimbursement Services, Inc., P. 0. Box 438495, Chicago, Illinois 60643; and further recommend to adopt Resolution R-153-11, A RESOLUTION AUTHORIZING THE CITY TO ENTER AN AGREEMENT WITH MEDICAL REIMBURSEMENT SERVICES, INC. TO EXTEND THE AMBULANCE BILLING SERVICE AGREEMENT FOR ONE YEAR. Motion declared carried as approved unanimously under Consent Agenda. EXT. CONTRACT/ Alderman Sayad requested that this item be pulled from Consent Agenda. PHYSICAL . ~f EXAM/FIRE DEPT.: Resolution R-154-11 AMENDED AGR./ CONSTR. ENG./ LEE/PERRY SIGNALIZATION: Consent Agenda Resolution R-155-11 ADD FUNDS/ DESIGN ENG./ LEE/PERRY/ STPGRANT: Consent Agenda Resolution R-156-11 DISPOSITION OF ANIMALS: Page 4of14 12/5/11 Fire Chief Wax answered questions from the Aldermen. Moved by W alsten, seconded by Haugeberg, to concur with Staff recommendation to approve extension of Physical Examinations contract for Fire Department Members with Alexian Brothers Corporate Health Services; and further recommend to adopt Resolution R-154-11, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM ALEXIAN BROTHERS MEDICAL GROUP TO CONTINUE TO PERFORM ANNUAL PHYSICAL AND PRE-EMPLOYMENT EXAMINATIONS FOR THE DES PLAINES FIRE DEPARTMENT UNDER THE 2009 FEE SCHEDULE. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Robinson, seconded by Bogusz, to concur with Staff recommendation that the City of Des Plaines authorize execution of the revised Local Agency Agreement for Federal Participation with Illinois Department of Transportation and execute the Construction Engineering Services Agreement for Federal Participation for construction engineering services related to the Lee/Perry signalization project with Gewalt Hamilton, Associates, Inc., 850 Forest Edge Drive, Vernon Hills, Illinois 60061 as the construction engineering consultant in a not to exceed amount of $144,941 (TIF #1 Fund); and further recommend to adopt Resolution R-155-11, A RESOLUTION APPROVING THE EXECUTION OF A LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION AND CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION WITH GEWALT HAMILTON FOR THE LEE-PERRY SIGNALIZATION PROJECT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to concur with Staff recommendation to approve additional funding for design engineering costs related to signalization at U.S. 12/45 (Lee Street) at Perry Street in order to qualify for additional federal grant funding under the Surface Transportation Program (STP) Grant (versus utilization of local funding) to the engineering agreement with Gewalt Hamilton, Associates, Inc., 850 Forest Edge Drive, Vernon Hills, Illinois 60061 in a not to exceed amount of $108,212.30 (TIF #1 Fund); and further recommend to adopt Resolution R-156-11, A RESOLUTION AUTHORIZING AN INCREASE TO THE PROPOSAL WITH GEWALT HAMILTON ASSOCIATES, INC. FOR ENGINEERING DESIGN SERVICES FOR TRAFFIC SIGNAL INSTALLATION AND ROADWAY IMPROVEMENT PLANS AT U.S. 12/45 (LEE STREET) AND PERRY STREET IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to concur with Staff recommendation to approve Animal Control expenditures associated with J~f- Consent Agenda Resolution R-159-11 CONCRETE REPAIRS/CIVIC CENTER PARKING DECK: ORDINANCE M-58-11 2011 PROPERTY TAX LEVY: Consent Agenda ORDINANCE M-43-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#5: Consent Agenda ORDINANCE M-44-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#6: Consent Agenda ORDINANCE M-45-11 YEAR2011 TAX LEVY/ Page 5of14 12/5/11 Northwest Animal Hospital, 2024 South River Road, Des Plaines, Illinois 60018 in an amount not to exceed $14,000.00; and further recommend to adopt Resolution R-159-11, A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE PAYMENT TO NORTHWEST ANIMAL HOSPITAL FOR BUDGETED COSTS RELATED TO THE TEMPORARY SHELTER OF ANIMALS AND DISPOSAL OF ANIMALS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to concur with Staff recommendation to perform emergency full depth concrete patching on the Civic Center Parking Structure and to authorize payment to LS Contracting Group, Inc., 3638 West Belmont, Chicago, Illinois 60618 for full depth concrete deck repairs in an amount not to exceed $12,300.00; and further recommend to adopt Resolution R-160-11, A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE PAYMENT TO LS CONTRACTING GROUP, INC. FOR REPAIR PERFORMED AT THE 1420 MINER STREET PARKING GARAGE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-58-11, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-43-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FNE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-44-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER SIX OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-45-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER SEVEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING Jtf' SPECIAL SVC. AREA#7: Consent Agenda ORDINANCE M-46-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA #8: Consent Agenda ORDINANCE M-47-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#9: Consent Agenda ORDINANCE M-48-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#lO: Consent Agenda ORDINANCE M-60-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#ll: Consent Agenda ORDINANCE M-61-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#12: Consent Agenda Page 6of14 12/5/11 DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-46-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER EIGHT OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-4 7-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER NINE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-48-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER TEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-60-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER ELEVEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-61-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER TWELVE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-62-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#13: Consent Agenda ORDINANCE M-49-11 ABATEMENT/ YEAR2003A, 2003C GO BONDS: Consent Agenda ORDINANCE M-50-11 ABATEMENT/ YEAR2004A& YEAR2004B GO BONDS: Consent Agenda ORDINANCE M-51-11 ABATEMENT/ YEAR2005A, 2005C GO BONDS: Consent Agenda ORDINANCE M-52-11 ABATEMENT/ YEAR2005D GO BONDS: Consent Agenda ORDINANCE M-53-11 ABATEMENT/ YEAR2005E, Page 7of14 12/5/11 Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-62-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER THIRTEEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-49-11, ABATEMENT OF THE 2011 TAX LEVY FOR THE 2003 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2003A AND SERIES 2003C. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-50-11, ABATEMENT OF THE 2011 TAX LEVY FOR THE 2004 GENERAL OBLIGATION BONDS, SERIES 2004A AND SERIES 2004B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-51-11, ABATEMENT OF THE 2011 TAX LEVY FOR THE 2005 GENERAL OBLIGATION BONDS, SERIES 2005A AND SERIES 2005C. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-52-11, ABATEMENT OF THE 2011 TAX LEVY FOR THE 2005 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005D. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-53-11, ABATEMENT OF THE 2011 TAX LEVY FOR THE 2005 GENERAL OBLIGATION BONDS, SERIES 2005E, SERIES 2005F, AND SERIES 2005G. Motion declared carried as approved unanimously under Consent AgendaJ ~J.._ F&G GO BONDS: Consent Agenda ORDINANCE M-54-11 ABATEMENT/ YEAR 2007 A & B GO BONDS: Consent Agenda ORDINANCE M-55-11 ABATEMENT/ YEAR2008A GO BONDS: Consent Agenda ORDINANCE M-56-11 ABATEMENT/ YEAR2009B GO BONDS: Consent Agenda ORDINANCE M-57-11 ABATEMENT/ YEAR 2010A & B GO BONDS: Consent Agenda ORDINANCE M-63-11 ABATEMENT/ YEAR2009A GO BONDS: Consent Agenda ORDINANCE M-64-11 RECYCLE OBSOLETE Page 8of14 12/5/11 Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-54-11, ABATEMENT OF THE 2010 TAX LEVY FOR THE 2007 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2007A AND SERIES 2007B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-55-11, ABATEMENT OF THE 2011 TAX LEVY FOR THE 2008 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2008A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-56-11, ABATEMENT OF THE 2010 TAX LEVY FOR THE 2009 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-57-11, ABATEMENT OF THE 2010 TAX LEVY FOR THE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010A AND SERIES 2010B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-63-11, ABATEMENT OF THE 2011 TAX LEVY FOR THE 2009 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance M-64-11, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE WITH CITY CODE SECTION 1-12-4. Motion declared carried as approved unanimously under Consent Ji»f- EQUIP.: Consent Agenda ORDINANCE M-59-11 REFUND SERIES 2003A/PARTIAL PAYOFF PROP. TAX PORTION: ORDINANCE Z-34-11 COND. USE/ 1495 PROSPECT AVE.: Consent Agenda ORDINANCE Z-33-11 EXT. COND. USE/ 2200 E. GOLF RD.: Consent Agenda WARRANT Page 9of14 12/5/11 Agenda. Director of Finance Wisniewski gave an update on four bids received for sale of the bonds (Report from Speer Financial, Inc. in Council file); the most favorable bid received presents the City with a savings of $3 78,000.00, approximately $80,000.00 higher than originally thought; bids came in at a much more favorable rate. Director of Finance Wisniewski presented the amended ordinance with all amounts included for the refinancing of the TIF portions as well as the payoff of the property tax supported portion. Moved by Bogusz, seconded by Sayad, to amend Ordinance M-59-11 to add all amounts included for the refinancing of the TIF portions as well as the payoff of the property tax supported portion. Motion declared carried. Moved by Bogusz, seconded by Sayad, to adopt Ordinance M-59-11, ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2011, OF THE CITY OF DES PLAINES, ILLINOIS, AS AMENDED. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Robinson, seconded by Bogusz, to adopt Ordinance Z-34-11, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 7.2-4 C. OF THE ZONING ORDINANCE TO PERMIT THE EXPANSION OF AN EXISTING PLACE OF WORSHIP AT 1495 PROSPECT A VENUE, DES PLAINES, ILLINOIS, (CASE #11-048-CU), AS AMENDED. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Bogusz, to adopt Ordinance Z-33-11, AN ORDINANCE GRANTING A 12 MONTH EXTENSION OF THE TIME REQUIREMENTS FOR COMPLIANCE WITH THE CONDITIONAL USE FOR THE PLANNED UNIT DEVELOPMENT GRANTED BY ORDINANCE Z-29-08 FOR THE PROPERTY COMMONLY KNOWN AS 2200 E. GOLF ROAD, DES PLAINES, (CASE #07-48-PUD-A). Motion declared carried as approved unanimously under Consent Agenda. MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Higgason, Chair Moved by Haugeberg, seconded by Sayad, to recommend to the City Council J1, REGISTER: REFINANCE BONDS/SCIENCE &ARTS ACADEMY: COND. USE/ 855 RAND RD.: Page 10of14 12/5/11 approval of the December 5, 2011 -Warrant Register, in the total amount of $10, 728,431.30; and further recommend that Resolution R-157-11 be adopted at appropriate time this evening. Motion declared carried. Director of Finance Wisniewski reviewed her Memorandum of November 22, 2011 regarding refinancing of the Science and Arts Academy Bonds in the amount of $7 .203 Million and answered questions from the Aldermen. Moved by W alsten, seconded by Sayad, to recommend to the City Council approval of Ordinance M-65-11 at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT -Alderman Haugeberg, Chair Senior Planner Mangum reviewed his Memorandum of November 14, 2011 regarding Conditional Use Permit for operation of a motor vehicle sales operation at 855 East Rand Road, Case #11-058-CU. Ms. Bhan Al Abosy, Principal of ab architecture, representing the Petitioner answered questions from the Aldermen. Petitioner must meet the following conditions: 1. Prior to issuance of the Conditional Use Permit, the Petitioner shall complete site improvements as indicated on the Site and Landscape Plans including installing and/or maintaining in good condition uniform fencing. 2. All landscaping materials shall be maintained in good condition so as to present a healthy and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris. 3. Hours of operation are limited to: Monday-Friday: 9:00 am to 9:00 pm, Saturday 8:00 am to 6:00 pm. 4. All repairs of vehicles shall occur inside the building. 5. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. 6. Prior to the issuance of the Conditional Use Permit, the Petitioner shall submit a photometric plan that limits the maximum amount of horizontal foot-candles on residential properties to not more than 0.1 foot-candles at the single-family residential property line. 7. No long-term parking or storage of commercial vehicles shall be allowed. Alderman Wilson requested that the lights in the parking lot be baffled; that no paging or audible sounds allowed outside of the facility; remove the metal beg box on the property regardless of what happens; and body work should be done with doors closed. Director of Community & Economic Development Bartholomew answered ~~f 855 RAND RD.: (Cont'd) COND. USE/ 1225 EAST FOREST AVE.: SIGN VARIATION/ 2711 MANNHEIM UNFINISHED Page 11of14 12/5/11 questions from the Aldermen. Moved by Wilson, seconded by Walsten, to amend Ordinance Z-36-11 to add no outside audible paging system at this location as a condition. Motion declared carried. Moved by W alsten, seconded by Sayad, to recommend to the City Council approval to place on First Reading Ordinance Z-36-11, as amended at appropriate time this evening. Motion declared carried. Senior Planner Mangum reviewed his Memorandum of November 14, 2011 regarding the Conditional Use Permit for operation of a wholesale goods establishment (Boston Fish Market) with limited accessory retail sales at 1225 Forest Avenue, Case #11-056-CU and answered questions from the Aldermen. The Petitioner must meet the following conditions: 1. Emission of noxious, objectionable or annoying odor in such quantities as to be detectable at any point along the lot boundary is prohibited. 2. Prior to issuance of the Conditional Use Permit, the Petitioner shall remove all barbed-wire from existing fencing. Director of Public Works and Engineering Oakley answered questions from the Aldermen regarding traffic signals in the area. Mr. John Graziadei, 1050 Wicke Avenue, addressed the Committee of the Whole stating that he went to the County about Forest Avenue at Lee Street and requested that the traffic lights be timed differently. Director of Public Works and Engineering Oakley answered questions regarding programming of the traffic signals. Moved by Sayad, seconded by Robinson, to recommend to the City Council approval to place on First Reading Ordinance Z-37-11 at appropriate time this evening. Motion declared carried. Senior Planner Mangum reviewed his Memorandum of November 14, 2011 regarding the Consideration of a Variance Request for 2711 Mannheim Road, Case #11-056-CU and answered questions from the Aldermen. Moved by W alsten, seconded by Sayad, to recommend to the City Council approval to place on First Reading Ordinance Z-38-11 at appropriate time this evening. Motion declared carried. Alderman Wilson voted no. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. The Council is in receipt of a Mayoral Veto of the Motion made on Novemb~ ~~ BUSINESS: WARRANT REGISTER: Resolution R-157-11 REFINANCE BONDS/SCIENCE AND ARTS ACADEMY: Ordinance M-65-11 COND. USE/ 855 RAND RD.: Ordinance Z-36-11 Page 12of14 12/5/11 7, 2011 regarding the Police Department Command Structure. The Veto stands unless the Council overrides the veto after a motion, a second and roll call. Moved by W alsten, seconded by Haugeberg, to override the Mayoral Veto regarding the Police Department Command Structure. Upon roll call, the vote was: AYES: 5-Haugeberg, Bogusz, Walsten, Wilson, Charewicz NAYS: 3-Robinson, Sayad, Brookman ABSENT: 0-None Motion declared FAILED. Moved by Bogusz, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to adopt Resolution R-157-11, 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: $10,728,431.30. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Bogusz, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance M-65-11, ORDINANCE AUTHORIZING THE AMENDMENT OF THE BOND AND LOAN AGREEMENT AMONG THE CITY OF DES PLAINES, ILLINOIS, SCIENCE AND ARTS ACADEMY AND FIRST MIDWEST BANK RELATING TO THE ISSUER'S SCHOOL FACILITY REVENUE BONDS (SCIENCE AND ARTS ACADEMY PROJECT), SERIES 2006; AND RELATED MA TIERS. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Haugeberg, seconded by Sayad, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-36-11, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-6 C. OF THE DES PLAINES ZONING ORDINANCE TO ALLOW THE OPERATION OF A MOTOR VEHICLE SALES BUSINESS WITH ACCESSORY MOTOR VEHICLE REPAIR AND AUTO BODY REPAIR AT 855 EAST RAND ROAD, DES PLAINES, ILLINOIS (CASE #11-058-CU), AS AMENDED. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Sayad, NAYS: Brookman, W alsten, Wilson, Charewicz 0-None COND. USE/ 1225 EAST FOREST A VE.: Ordinance Z-37-11 ORDINANCE Z-37-11 COND. USE/ 1225 EAST FOREST A VE.: SIGN VARIATION/ 2711 MANNHEIM RD.: Ordinance Z-38-11 ORDINANCE Z-38-11 SIGN VARIATION/ 2711 MANNHEIM RD.: ABSENT: 0-None Motion declared carried. Page 13of14 12/5/11 Moved by Haugeberg, seconded by Robinson, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-37-11, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 7.4-4 C. OF THE ZONING ORDINANCE TO PERMIT THE OPERATION OF A WHOLESALE GOODS ESTABLISHMENT WITH LIMITED ACCESSORY RETAIL SALES AT 1225 E. FOREST AVENUE, DES PLAINES, ILLINOIS. (CASE #11-056-CU). Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by W alsten, seconded by Robinson, to advance to Second Reading and adopt Ordinance Z-37-11, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 7.4-4 C. OF THE ZONING ORDINANCE TO PERMIT THE OPERATION OF A WHOLESALE GOODS ESTABLISHMENT WITH LIMITED ACCESSORY RETAIL SALES AT 1225 E. FOREST AVENUE, DES PLAINES, ILLINOIS. (CASE #11-056- CU). Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Bogusz, Sayad, W alsten, Charewicz NAYS: 2-Brookman, Wilson ABSENT: 0-None Motion declared carried. Moved by Haugeberg, seconded by Charewicz, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-38-11, AN ORDINANCE APPROVING A MAJOR VARIATION UNDER SECTION 11.6 B. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW A 90 SQUARE FOOT POLE SIGN WITH A 32 SQUARE FOOT ELECTRONIC MESSAGE BOARD AT 2711 MANNHEIM ROAD, DES PLAINES, ILLINOIS. (CASE #11-059-CU). Upon roll call, the vote was: A YES: 7-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Charewicz NAYS: I-Wilson ABSENT: 0-None Motion declared carried. Moved by Haugeberg, seconded by W alsten, to advance to Second Reading and adopt Ordinance Z38-11, AN ORDINANCE APPROVING A MAJOR VARIATION UNDER SECTION 11.6 B. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW A 90 SQUARE FOOT POLE SIGN WITH A 32 SQUARE FOOT ELECTRONIC MESSAGE BOARD AT 2711 MANNHEIM ROAD, DES PLAINES, ILLINOIS. (CASE #11-059-CU). Upon roll call, the vote was: * ~ ~ Page 14of14 12/5/11 AYES: 6-Haugeberg, Robinson, Bogusz, Sayad, W alsten, Charewicz NAYS: 2-Brookman, Wilson ABSENT: 0-None Motion declared carried. ADJOURNMENT: Moved by Sayad, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8: 18 p.m. APPROVED BY ME THIS -~-0_ DAY o F De. c__e 'fh be R.. '2011