08/06/2012Approved August 20, 2012, as Amended. The Motion on Page 13 was amended (wording underlined) regarding a Single
Bid received for the purchase of a 24 -foot Cargo W -Body Technica Rescue Team Trailer for the Fire Department.
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, AUGUST 6, 2012
CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was
ORDER: 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,
August 6, 2012.
ROLL CALL: Roll call indicated the following Aldermen present: Robinson, Bogusz,
Brookman, Walsten, Wilson and Charewicz. Alderman Sayad arrived at 6:32
p.m. Alderman Haugeberg was absent.
Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Acting Police Chief
Kozak, Fire Chief Wax, Director of Human Resources Earl, Director of Public Works and Engineering
Oakley, Building & Property Inspection Supervisor Ehrke, Senior Planner Mangum, Associate Planner
Yu and City Attorney Wiltse.
EXECUTIVE Moved by Robinson, seconded by Bogusz, to go into Executive Session to
SESSION: discuss Pending Litigation and review Executive Session Minutes. Motion
passed unanimously without objection.
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: Robinson, Bogusz, Sayad,
Brookman, Walsten, Wilson and Charewicz. Alderman Haugeberg was absent.
PRAYER AND The opening prayer was given by The Reverend Steven Godfrey of St. Martin's
PLEDGE: Episcopal Church, followed by the Pledge of Allegiance to the Flag.
PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE
HEARING /PY2012 ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS
CDBG ANNUAL DES PLAINES CIVIC CENTER. MONDAY, AUGUST 6, 2012
ACTION PLAN:
Mayor Moylan called the Public Hearing to order at 7:05 p.m. The Public
Hearing was being held pursuant to legal notice (published in the local
newspaper on July 6, 2012) to discuss the Program Year 2012 (PY2012)
Community Development Block Grant Annual Action Plan.
DISCUSSION: Associate Planner Yu addressed the City Council reviewing his Memorandum
of July 25, 2012 which explained the Annual Action Plan that the City must
submit to the U.S. Department of Housing and Urban Development (HUD) in
order to receive $269,783.00 in Community Development Block Grant
(CDBG) funding to assist low- and moderate - income residents. 1 Q 1
Page 2 of 14 8/6/12
PUBLIC Mayor Moylan asked for comments from the aldermen and the public. There
HEARING: were no comments.
(Cont'd)
Final action on this matter under Items 4 and 4a on the Consent Agenda this
evening.
The Public Hearing was adjourned at 7:08 p.m.
The City Council reconvened at 7:09 p.m.
CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council expressing
PARTICIPATION: his concerns about downtown Des Plaines; there is a second downtown with
two large supermarkets and fast food places on Elmhurst Road; he urged the
Council to pay attention to these areas.
Ms. Candee Cole, 1530 Pennsylvania Avenue, addressed the City Council
announcing that Neighbors Helping Neighbors needs volunteers; the Des
Plaines Community Foundation is hosting a fundraiser at Rivers Casino on
September 7, 2012 from 4 — 8 p.m. - call Rosemary Argus at 847 - 297 -4932 for
further information; everyone is invited to National Night Out at the Des
Plaines Police Department on August 7, 2012 from 5:30 — 9:00 p.m.
Mr. Al Brown, 675 Pearson Street, addressed the City Council stating that the
sound issues should look at comparative and qualitative measures; smells and
scent levels should also be investigated regarding moving the PACE bus
shelter.
Mr. Chester Kulis, 407 East Berkshire, Mount Prospect, addressed the City
Council regarding Maxon's request to move their business; he gave examples
of incidents involving guns and urged the City Council to pass a resolution
banning guns.
There were no objections by the aldermen to allow more residents to speak
about items not on the agenda.
Mrs. Sandra Dillon, 2251 Pine Street, addressed the City Council stating the
Fountain Blue made some improvements; the DJ started playing music loudly;
it was disturbing to family members; two tickets were issued; what is the plan
to resolve this situation; she urged the Council fix the problem.
Ms. Mary Ann Naccarato, 2231 Pine Street, addressed the City Council
expressing her frustration; the problem has been well identified; why is it the
burden of the residents to deal with the noise problem; the police force knows
about it.
Mr. Bill Dillon, 2251 Pine Street, addressed the City Council stating there are
three components to the noise issue with Fountain Blue: the DJ, music and
crowd; he read the report from the sound consultant; has everything been done
by the Fountain Blue; there is more to be done regarding this issue; they
M AN
Page 3 of 14 8/6/12
recommend an acoustic consultant be brought in; Illinois has studied the noise
issue; normal citizens are concerned about property values, peace and quiet.
EXECUTIVE Moved by Robinson, seconded by Sayad, to concur with consensus in
SESSION Executive Session that the following Executive Session minutes, or portions
MINUTES / thereof, no longer require confidential treatment and are available for public
BIANNUAL inspection as recommended by City Attorney Wiltse in his memo of July 25,
REVIEW: 2012:
April 15, 1996
- PENDING LITIGATION
Tax Objections
June 9, 1997
- CITY LIAISON AD HOC COMMITTEE
July 21, 1997
- PERSONNEL
January 19, 1998
- PENDING LITIGATION
Tax Objections
April 6, 1998
- PERSONNEL
Assistant City Attorney
May 4, 1998
- AMENDMENTS TO EXECUTIVE SESSION
MINUTES OF MAY 4, 1998
June 15, 1998
- SETTLEMENT OF A WORKER'S
COMPENSATION CLAIM AND EXECUTIVE
SESSION MINUTES OF JUNE 1, 1998
September 8, 1998
- PENDING LITIGATION
Request for Insurance Benefits on Retirement
September 21, 1998
- PENDING LITIGATION
Request for Insurance Benefits on Retirement
October 19, 1998
- PENDING LITIGATION
Request for Insurance Benefits on Retirement
December 7, 1998
- PENDING LITIGATION
Tax Objections
March 15, 1999
- PROBABLE AND IMMINENT LITIGATION
Special Flood Hazard Exemption
June 21, 1999
- SETTING A DATE FOR THE EVALUATION OF
THE CITY MANAGER
July 6, 1999
- PENDING LITIGATION AND ADDITIONS TO
THE EXECUTIVE SESSION MINUTES OF
JUNE 21,1999
August 16, 1999
- PENDING LITIGATION
Worker's Compensation Claim
October 4, 1999
- PENDING LITIGATION
Worker's Compensation Claim
December 4, 1999
- PENDING LITIGATION
Worker's Compensation Claim
Motion declared carried.
Moved by Robinson, seconded by Brookman, to concur with consensus in
Executive Session that after a review, that a need for confidentiality still exists
as to all or part of the remaining Executive Session minutes, the rest continue to
U1-
Page 4 of 14 8/6/12
remain unreleased. Motion declared carried.
CONSENT Motion by Robinson, seconded by Sayad, to establish the Consent Agenda
AGENDA except for Items 5 and 5a. Motion declared carried.
Motion by Robinson, seconded by Charewicz, to approve Consent Agenda
except for Items 5 and 5a. Upon roll call, the vote was:
AYES: 6- Robinson, Bogusz, Sayad,
Brookman, Wilson, Charewicz
NAYS: 0 -None
ABSENT: 2- Haugeberg, Walsten (not present during vote)
Motion declared carried.
Minutes were approved; Staff recommendations and requests were approved;
Ordinance M -26 -12 was placed on First Reading; Resolutions R -95 -12 and R-
98-12 were adopted.
MINUTES: Moved by Robinson, seconded by Charewicz, to approve minutes of the
Consent Regular Meeting of the City Council held July 16, 2012, as published. Motion
Agenda declared carried as approved unanimously under Consent Agenda.
LI . LIC. Moved by Robinson, seconded by Charewicz, to concur with Staff
RENUMBERING: recommendation to place on First Reading Ordinance M- 26 -12, AN
Consent ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS,"
Agenda CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES
AND NUMBER," OF THE DES PLAINES CITY CODE. Motion declared
Ordinance carried as approved unanimously under Consent Agenda.
M -26 -12
AGR./WIRELESS Moved by Sayad, seconded by Robinson, to concur with Staff recommendation
VOICE AND to approve a 2 -year Agreement with Verizon Communications for Wireless
DATA SVCS.: Voice and Data Services for a period of two years and that the Director of
Consent Finance be authorized to make payments to Verizon Wireless, P. O. Box 25505,
Agenda Lehigh Valley, Pennsylvania 18002 -5505 upon receipt of invoices for a period
of two years; and further recommend to adopt Resolution R- 95 -12, A
Resolution RESOLUTION AUTHORIZING THE EXECUTION OF A TWO YEAR
R -95 -12 AGREEMENT BETWEEN VERIZON WIRELESS AND THE CITY OF DES
PLAINES FOR WIRELESS VOICE AND DATA SERVICES. Motion
declared carried as approved unanimously under Consent Agenda.
CDBG PROGRAM Moved by Sayad, seconded by Robinson, to concur with Staff recommendation
YEAR 2012 to approve submission of the Annual Action Plan to the U.S. Department of
ANNUAL ACTION Housing and Urban Development (HUD) in order to receive $269,783.00 in
PLAN Community Block Grant (CDBG) funding to assist low- and moderate - income
Consent residents for Program Year 2012 (PY2012) beginning October 1, 2012 and
Agenda ending on September 30, 2013; and further recommend to adopt Resolution R-
98-12, A RESOLUTION APPROVING THE CITY OF DES PLAINES
Resolution COMMUNICATY DEVELOPMENT BLOCK GRANT PROGRAM YEAR
R -98 -12 2012 ANNUAL ACTION PLAN. Motion declared carried as approved
A
Page 5 of 14 8/6/12
unanimously under Consent Agenda.
FIRST Alderman Brookman requested that this Item be removed from Consent
AMENDMENT/ Agenda.
BUS. DEV. AGR./
MIDWEST City Manager Bartholomew answered questions from the Aldermen.
GAMING:
Moved by Bogusz, seconded by Robinson, to concur with Staff
Resolution recommendation to approve amending the Business Development Agreement
R- 100 -12 between the City of Des Plaines and Midwest Gaming and Entertainment, LLC;
and further recommend to adopt Resolution R- 100 -12, A RESOLUTION
AUTHORIZING AN AMENDMENT TO THE BUSINESS DEVELOPMENT
AGREEMENT BETWEEN MIDWEST GAMING & ENTERTAINMENT,
LLC AND THE CITY OF DES PLAINES APPROVED BY RESOLUTION
R- 168 -08.
Upon roll call, the vote was:
AYES:
7- Robinson, Bogusz, Sayad,
Brookman, Walsten, Wilson, Charewicz
NAYS:
0 -None
ABSENT:
1- Haugeberg
Motion declared carried.
COMMISSION COMMISSION APPOINTMENTS & REAPPOINTMENTS:
APPOINTMENTS/ Presented for your consideration — NO ACTION REQUIRED:
REAPP'TS
YOUTH COMMISSION - APPOINTMENT
Pam Newford — Term to Expire 12/01/14
CONSUMER PROTECTION COMMISSION — REAPPOINTMENTS
Tom Mattox — Term to Expire 08/30/15
Tim Hardt — Term to Expire 08/30/16
Lisa DuBrock — Term to Expire 08/30/16
James Albrecht — Term to Expire 08/30/16
ARCH ITECTURAL COMMISSION - REAPPOINTMENT
George Geldis — Term to Expire 08/31/15
Ms. DuBrock appeared before the City Council, introduced herself and thanked
the Council for giving her the opportunity to serve on the Consumer Protection
Commission; she is a CPA and business owner.
MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS
NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION — Alderman Bogusz, Chair
WARRANT Moved by Walsten, seconded by Robinson to recommend to the City Council
REGISTER: approval of the August 6, 2012 — Warrant Register, in the total amount of
$4,274,077.41; and further recommend that Resolution R -99 -12 be adopted at
appropriate time this evening. Motion declared carried. ��
Page 6 of 14 8/6/12
COMMUNITY DEVELOPMENT — Alderman Walsten, Vice Chair
EXEMPTION/ Building & Property Inspection Supervisor Ehrke reviewed his Memorandum
WATER WELL/ of June 18, 2012 regarding a request for consideration of continued use of an
2269 SOUTH existing well for irrigation by Petitioners Edward and Norma Thompson, at
WOLF ROAD: 2269 South Wolf Road. Staff recommends that the well be capped and taken
out of service.
Building & Property Inspection Supervisor Ehrke and City Attorney Wiltse
answered questions from the Aldermen.
Attorney John O'Brien, representing the Petitioners, addressed the Committee
of the Whole stating that the water was tested by a certified company; the
results were satisfactory; there were no cross connections.
Dr. Madeline McKernan, 1920 Andy Lane, addressed the Committee of the
Whole stating that the man should be allowed to keep his well.
Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole
stating his opinion that the attorney representing the buyer did not tell him
everything; give him a little slack.
Ms. Candee Cole, 1530 Pennsylvania Avenue, addressed the Committee of the
Whole stating that these are hard economic times of foreclosure; people should
hire a home inspector; the City should clarify the language.
Moved by Brookman, seconded by Charewicz, to approve the request of
continued use of existing well for irrigation at 2269 South Wolf Road. Motion
declared FAILED Aldermen Brookman, Walsten and Charewicz agreed.
Aldermen Robinson, Bogusz, Sayad and Wilson did not agree.
COND. USE/ Building & Property Inspection Supervisor Ehrke reviewed his Memorandum
PARKING PAD/ of July 16, 2012 regarding a request by Petitioner Jin Zhao Huang for a
1954 WEBSTER Conditional Use as required by Section 10- 1- 11,A,4b of the adopted City Code
LANE: to authorize a parking pad located in the front yard of 1954 Webster Lane (Case
#12- 043 -PP).
Petitioner originally requested that he be allowed to cover greater than 50% of
the front yard with paved surface. Conversation with owner provided result of
limiting the overall paved surface for vehicular ingress /egress or parking use to
a twenty -five foot (25') maximum width extending from the North property line
to approximately 9' South of the garage. The paved surface would be installed
in such a manner so as to provide drainage away from the buildings and the
adjoining property to the North. The sidewalk, apron/approach installation
shall match the width of the paved surface at the property line and flare in a
straight line pattern to the required three foot maximum on each side as it abuts
the paved surface of the right of way on Webster Lane. Staff recommends
approved of this request as so depicted in these recommendations. ��
Page 7 of 14 8/6/12
Moved by Sayad, seconded by Robinson, to recommend to the City Council
approval of Conditional Use for parking pad at 1954 Webster Lane. Motion
declared carried.
COND. USE/ Building & Property Inspection Supervisor Ehrke reviewed his Memorandum
PARKING PAD/ of July 9, 2012 regarding a request by Petitioner Neal Berggren for a
611 POLYNESIAN Conditional Use as required by Section 10- 1- 11,A,4b of the adopted City Code
DRIVE: to authorize a parking pad located in the front yard of 611 Polynesian Drive
(Case #12- 045 -PP).
Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole
stating that since there are flooding problems in Des Plaines a boat might come
in handy.
Petitioner Neal Berggren addressed the Committee of the Whole requesting that
the ordinance be advanced to second reading this evening.
Moved by Wilson, seconded by Robinson, to recommend to the City Council
approval of Conditional Use for parking pad at 611 Polynesian Drive. Motion
declared carried.
COND. USE/ Senior Planner Mangum reviewed his Memorandum of July 12, 2012 regarding
VARIATION/ a request by Hi Tech Energy Inc./Fareed Lalani, 9434 Oliphant Avenue, Morton
1490 EAST Grove, Illinois for a Conditional Use Permit under Section 7.3 -6 -C and a major
OAKTON variation to Table 7.3.1 of the 1998 City of Des Plaines Zoning Ordinance, as
STREET: amended, to operate a convenience mart fueling station on a site of less than
20,000 square feet in the C -3 Zoning District (Case #12- 038- CU -V).
The Petitioner must meet the following conditions:
1. Prior to the issuance of the Conditional Use Permit, a revised Site Plan
shall be submitted with parking spaces and a trash enclosure that meet
code requirements, reduced driveway and curb cut on Cora Street that is
reduced to 24' in width at the property line, and a physical separation of
the southernmost fueling lane from the sidewalk along Oakton Street to
the satisfaction of the Directors of Community and Economic
Development and Public Works and Engineering.
2. Prior to issuance of the conditional Use Permit, the applicant shall
submit a Landscape Plan with a minimum of two parkway trees on Cora
Street, an extended landscape island along Cora Street to line up with
the reduced curb cut, and shrubs at a rate of one per 3 feet of yard length
within the areas on the Site Plan labeled as landscape islands.
3. Prior to issuance of the Conditional Use Permit, the applicant shall
complete site improvements as indicated on the revised Site and
Landscape Plans.
4. Prior to the issuance of the Conditional Use Permit, signage shall be
removed from the fence along the western property line.
`1 Q
Page 8 of 14 8/6/12
COND. USE/
5. All landscaping materials shall be maintained in good condition so as to
VARIATION/
present a healthy and orderly appearance, and plant material not in this
1490 EAST
condition shall be replaced when necessary and shall be kept free of
OAKTON
refuse and debris.
STREET:
6. Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m.
(Cont'd)
Moved by Sayad, seconded by Robinson, to recommend to the City Council
approval of Conditional Use Permit and major Variation for 1490 East Oakton
Street. Motion declared carried.
COND. USE/ Senior Planner Mangum reviewed his Memorandum of July 12, 2012 regarding
33 SOUTH EAST a request by Petitioner Albert Dashto, 33 South East River Road, Des Plaines,
RIVER ROAD: Illinois for a Conditional Use Permit under Section 7.3 -6 -C and a major
variation to Table 7.3.1 of the 1998 City of Des Plaines Zoning Ordinance, as
amended, to authorize motor vehicle sales on a site of less than 25,000 square
feet in the C -3 Zoning District (Case #12- 041- CU -V).
The Petitioner must meet the following conditions:
1. Prior to issuance of the Conditional Use Permit, the applicant shall
submit a Landscape Plan in compliance with Perimeter Parking Lot
Landscaping requirements, Interior Parking Lot Landscaping
requirements, and Landscape Buffer requirements per Sections 10.8 -2,
10.8 -3, and 10.9 -3 of the Zoning Ordinance.
2. Prior to issuance of the Conditional Use Permit, the applicant shall
complete site improvements as indicated on the Site and Landscape
Plans.
3. Hours of operation shall be limited to: Monday- Friday: 8:00 a.m. to 6:00
p.m., Saturday 8:00 a.m. to 3:00 p.m.
4. The number of vehicles for sale shall be limited to no more than 8.
5. All repairs of vehicles shall occur inside the building.
6. Prior to the issuance of the Conditional Use Permit, the applicant 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. 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.
8. All parking areas shall be surfaced and striped to meet all applicable
Building Code hard surface requirements.
9. All signs shall be brought into compliance with the City of Des Plaines
Zoning Ordinance.
Moved by Sayad, seconded by Charewicz, to recommend to the City Council
approval of Conditional Use Permit and major Variation for 1490 East Oaktt
Street. Motion declared carried. a ¢
Page 9 of 14 8/6/12
ZONING Senior Planner Mangum reviewed his Memorandum of July 12, 2012 regarding
ORDINANCE/ a Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as
TEXT amended, amending Table 7.3.1, Commercial Districts Use Matrix, to allow for
AMENDMENT: Pawn Shops in the C -3 General Commercial District (Case #12- 040 -TA).
Alderman Walsten stated that he is not in favor of pawn shops.
Alderman Robinson agreed with Alderman Walsten; this would have a negative
impact on the City.
Alderman Bogusz stated that it should be by permit, not conditional use; he is
against it; he will vote no.
Alderman Sayad will vote no.
Alderman Charewicz stated he is against the text amendment, not the applicant.
City Attorney Wiltse answered questions from the Aldermen.
Alderman Brookman will vote no.
Petitioners Peter Kozysa, 26 Echo Hill Drive, Lake in the Hills, Illinois and
Jack Winnick, 776 Meadow Drive, Des Plaines, Illinois addressed the
Committee of the Whole and answered questions.
At the July 9, 2012 meeting of the Des Plaines Plan Commission, a motion was
carried to deny recommendation (2 -1) of a Text Amendment to the City of
Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.3.1,
Commercial Districts Use Matrix, to allow for Pawn Shops in the C -3, General
Commercial District.
Moved by Charewicz, seconded by Wilson, to accept the text amendment in
order to allow Pawn Shops as a permitted use within C -3, General Commercial
zoned areas of the City.
Alderman Charewicz withdrew his motion and Alderman Wilson withdrew his
second.
City Manager Bartholomew recommended that this matter be postponed.
Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole
asking if a background check is made; he gave an example when a background
check had not been conducted.
Moved by Robinson, seconded by Sayad, to DENY the request for a text
amendment in order to allow Pawn Shops as a permitted use within C -3,
Page 10 of 14 8/6/12
General Commercial zoned areas of the City. Motion declared carried.
Aldermen Wilson and Charewicz did not agree.
COND. USE Senior Planner Mangum reviewed his Memorandum of July 12, 2012 regarding
PERMIT/ a request by Petitioner Maryana Kolos, for a Conditional Use Permit under
1784 EAST Section 7.3 -6 -C of the 1998 City of Des Plaines Zoning Ordinance, as amended,
OAKTON to authorize the operation of a Massage Therapy (Massage Parlor) use in the C-
STREET: 3 District at 1784 East Oakton Street (Case #12- 017 -CU).
The Zoning Board of Appeals did not approve the Conditional Use Permit for
the operation of a Massage Therapy (Massage Parlor) use in the C -3 District (3-
4).
Moved by Robinson, seconded by Sayad, to recommend to the City Council
approval of a Conditional Use Permit under Section 7.3 -6 -C of the 1998 City of
Des Plaines Zoning Ordinance, as amended, to authorize the operation of a
Massage Therapy (Massage Parlor) use in the C -3 District at 1784 East Oakton
Street. Motion declared FAILED Aldermen Robinson, Sayad and Walsten
voted yes. Aldermen Bogusz, Brookman, Wilson and Charewicz voted no.
PUBLIC SAFETY — Alderman Walsten, Chair
FIRE DEPT./ Fire Chief Wax reviewed his Memorandum of July 23, 2012 regarding Free
CPR CLASSES: Public CPR/AED Training and options for classes with a minimal fee.
Moved by Robinson, seconded by Sayad, to approve an expenditure up to
$2,500.00 for the Fire Department to conduct CPR classes (2 classes in April
and 2 classes in October) for Des Plaines residents only at no charge. Motion
declared carried. Alderman Wilson did not agree.
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
WARRANT Moved by Bogusz, seconded by Sayad, to concur with recommendation of
REGISTER: Committee of the Whole to adopt Resolution R- 99 -12, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE
Resolution FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE
R -99 -12 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO
MAKE PAYMENT FOR SAME. Total: $4,274,077.41. Upon roll call, the
vote was:
AYES: 7- Robinson, Bogusz, Sayad
Brookman, Walsten, Wilson, Charewicz
NAYS: 0 -None
ABSENT: 1- Haugeberg
Motion declared carried.
EXEMPTION/ Moved by Sayad, seconded by Robinson, to DENY the request of continued
WATER WELL/ use of existing well for irrigation at 2269 South Wolf Road. Upon roll call, the
yp
P -3
2269 SOUTH vote was:
WOLF ROAD: AYES:
NAYS:
ABSENT:
Motion do
Page 11 of 14 8/6/12
5- Robinson, Bogusz, Sayad
Wilson, Charewicz
2- Brookman, Walsten
1- Haugeberg
,lared carried.
COND. USE/ Moved by Walsten, seconded by Robinson, to concur with recommendation of
PARKING PAD/ Committee of the Whole to place on First Reading Ordinance M- 27 -12, AN
1954 WEBSTER ORDINANCE GRANTING A CONDITIONAL USE TO AUTHORIZE A
LANE: PARKING PAD LOCATED IN THE FRONT YARD OF THE PROPERTY
LOCATED AT 1954 WEBSTER LANE, DES PLAINES, ILLINOIS (CASE
Ordinance #12- 043 -PP). Upon roll call, the vote was:
M -27 -12 AYES: 7- Robinson, Bogusz, Sayad
Brookman, Walsten, Wilson, Charewicz
NAYS: 0 -None
ABSENT: 1- Haugeberg
Motion declared carried.
COND. USE/ Moved by Walsten, seconded by Brookman, to concur with recommendation of
PARKING PAD/ Committee of the Whole to place on First Reading Ordinance M- 28 -12, AN
611 POLYNESIAN ORDINANCE GRANTING A CONDITIONAL USE TO AUTHORIZE A
DRIVE: PARKING PAD LOCATED IN THE FRONT YARD OF THE PROPERTY
Ordinance
M -28 -12
ORDINANCE
M -28 -12
COND. USE/
PARKING PAD/
611 POLYNESIAN
DRIVE:
LOCATED AT 611 POLYNESIAN DRIVE, DES PLAINES, ILINOIS (CASE
#12- 045 -PP). Motion declared carried.
Moved by Sayad, seconded by Walsten, to advance to Second Reading and
adopt Ordinance M- 28 -12, AN ORDINANCE GRANTING A CONDITIONAL
USE TO AUTHORIZE A PARKING PAD LOCATED IN THE FRONT
YARD OF THE PROPERTY LOCATED AT
DES PLAINES, ILINOIS (CASE #12- 045 -PP).
AYES: 6- Robinson, Bogusz, Sayad
Walsten, Wilson, Charewicz
NAYS: 1- Brookman
ABSENT: 1- Haugeberg
Motion declared carried.
611 POLYNESIAN DRIVE,
Upon roll call, the vote was:
COND. USE/ Moved by Walsten, seconded by Robinson, to concur with recommendation of
VARIATION/ Committee of the Whole to place on First Reading Ordinance Z- 23 -12, AN
1490 EAST ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN
OAKTON ACCORDANCE WITH SECTION 7.3 -6 C. OF THE DES PLAINES ZONING
STREET: ORDINANCE WITH A MAJOR VARIATION TO TABLE 7.3.1 TO ALLOW
A CONVENIENCE MART FUELING STATION IN A C -3 DISTRICT AT
Ordinance 1490 OAKTON STREET, DES PLAINES, ILLINOIS (CASE #12- 038- CU -V).
Z -23 -12 Motion declared carried.
ORDINANCE Moved by Charewicz, seconded by Sayad, to advance to Second Reading and
W
Page 12 of 14 8/6/12
Z -23 -12 adopt Ordinance Z- 23 -12, AN ORDINANCE GRANTING A CONDITIONAL
COND. USE/ USE PERMIT IN ACCORDANCE WITH SECTION 7.3 -6 C. OF THE DES
VARIATION/ PLAINES ZONING ORDINANCE WITH A MAJOR VARIATION TO
1490 EAST TABLE 7.3.1 TO ALLOW A CONVENIENCE MART FUELING STATION
OAKTON IN A C -3 DISTRICT AT 1490 OAKTON STREET, DES PLAINES,
STREET: ILLINOIS (CASE #12- 038- CU -V). Upon roll call, the vote was:
AYES: 6- Robinson, Bogusz, Sayad
Brookman, Walsten, Charewicz
NAYS: I - Wilson
ABSENT: 1- Haugeberg
Motion declared carried.
COND. USE/ Moved by Walsten, seconded by Sayad, to concur with recommendation of
33 SOUTH EAST Committee of the Whole to place on First Reading Ordinance Z- 24 -12, AN
RIVER ROAD: ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN
ACCORDANCE WITH SECTION 7.3 -6 C. OF THE DES PLAINES ZONING
Ordinance ORDINANCE WITH A MAJOR VARIATION TO TABLE 7.3.1 TO ALLOW
Z -24 -12 A MOTOR VEHICLE SALES OPERATION ON A SITE OF LESS THAN
25,000 SQUARE FEET IN A C -3 DISTRICT AT 33 SOUTH EAST
RIVER/BENDER ROAD, DES PLAINES, ILLINOIS (CASE #12- 041- CU -V).
Motion declared carried.
ORDINANCE Moved by Sayad, seconded by Robinson, to advance to Second Reading and
Z -24 -12 adopt Ordinance Z- 24 -12, AN ORDINANCE GRANTING A CONDITIONAL
COND. USE/ USE PERMIT IN ACCORDANCE WITH SECTION 7.3 -6 C. OF THE DES
33 SOUTH EAST PLAINES ZONING ORDINANCE WITH A MAJOR VARIATION TO
RIVER ROAD: TABLE 7.3.1 TO ALLOW A MOTOR VEHICLE SALES OPERATION ON
A SITE OF LESS THAN 25,000 SQUARE FEET IN A C -3 DISTRICT AT 33
SOUTH EAST RIVER/BENDER ROAD, DES PLAINES, ILLINOIS (CASE
#12- 041- CU -V). Upon roll call, the vote was:
AYES: 6- Robinson, Sayad
Brookman, Walsten, Charewicz, Moylan
NAYS: 2- Bogusz, Wilson
ABSENT: 1- Haugeberg
Motion declared carried.
ZONING
Moved by Walsten, seconded by Robinson, to concur with recommendation of
ORDINANCE/
Committee of the Whole to DENY a Text Amendment to the City of Des
TEXT
Plaines 1998 Zoning Ordinance, as amended, amending Table 7.3.1,
AMENDMENT:
Commercial Districts Use Matrix, to allow for Pawn Shops in the C -3 General
Commercial District (Case #12- 040 -TA). Upon roll call, the vote was:
Ordinance
AYES: 5- Robinson, Bogusz, Sayad
Z -25 -12
Brookman, Walsten
NAYS: 2- Wilson, Charewicz
ABSENT: 1- Haugeberg
Motion declared carried.
COND. USE Moved by Brookman, seconded by Wilson, to concur with recommendation of
Page 13 of 14 8/6/12
PERMIT/ Committee of the Whole to DENY a Conditional Use Permit under Section 7.3-
1784 EAST 6 -C of the 1998 City of Des Plaines Zoning Ordinance, as amended, to
OAKTON authorize the operation of a Massage Therapy (Massage Parlor) use in the C -3
STREET: District at 1784 East Oakton Street (Case #12- 017 -CU). Upon roll call, the vote
was:
Ordinance AYES: 4- Bogusz, Brookman, Wilson, Charewicz
Z -26 -12 NAYS: 3- Robinson, Sayad, Walsten
ABSENT: 1- Haugeberg
Motion declared carried.
FIRE DEPT./ Moved by Walsten, seconded by Sayad, to concur with recommendation of
CPR CLASSES: Committee of the Whole to approve an expenditure up to $2,500.00 for the Fire
Department to conduct two CPR classes in April and two CPR classes in
October for Des Plaines residents only at no charge, as amended. Upon roll
call, the vote was:
AYES: 6- Robinson, Bogusz, Sayad,
Brookman, Walsten, Charewicz
NAYS: 1- Wilson
ABSENT: 1- Haugeberg
Motion declared carried.
SINGLE BID/ City Clerk Ludwig announced that a single bid was received in the City Clerk's
FIRE DEPT./ Office on July 18, 2012 for a 24 -foot Cargo Wide -Body Technical Rescue
RESCUE TEAM Team Trailer for the Fire Department. According to City Code, in the event
TRAILER: that only one bid is received, the City Clerk shall not open the bid at said time
and place, but shall submit same unopened to the city council for further action.
City Clerk Ludwig showed the unopened envelope to the audience and to the
camera and announced that a single bid was received from Ehrhardt's Trailer
Sales, Inc., 776 West Oakton Street, Des Plaines, Illinois 60018 in the amount
of $14,995.00 (includes title and municipal plates).
Fire Chief Wax answered questions from Mayor Moylan regarding vendors
who did and did not respond to the bid request.
Moved by Charewicz, seconded by Brookman, to accept the single bid in the
best interest of the City from Ehrhardt's Trailer Sales, Inc., 776 West Oakton
Street, Des Plaines, IL 60018 in the amount of $14,995.00 and authorize Staff
to proceed in the purchase of a 24 -foot C argo Wide -Body Technical Rescue
Team Trailer Upon roll call, the vote was:
AYES: 7- Robinson, Bogusz, Sayad
Brookman, Walsten, Wilson, Charewicz
NAYS: 0 -None
ABSENT: 1- Haugeberg
Motion declared carried.
SOUND Moved by Brookman, seconded by Charewicz, to authorize the City Manager to
ORDINANCE/ retain a sound consultant to review the City wide noise ordinance and advise the
FOUNTAIN City as to any recommended changes; the contract amount shall not exceed
Page 14 of 14 8/6/12
BLUE: $7,000.00; the scope of work will include review of the Fountain Blue Banquet
Hall noise issue with recommendations for any additional sound mitigation
measures and recommended language for a noise provision as part of the
Fountain Blue conditional use guidelines. Upon roll call, the vote was:
AYES: 3- Brookman, Wilson, Charewicz
NAYS: 4- Robinson, Bogusz, Sayad, Walsten
ABSENT: 1- Haugeberg
Motion declared FAILED
ADJOURNMENT: Moved by Sayad, seconded by Walsten, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 9:40 p.m.
Gloria J. udwig - CITV CLERK
APPROVED BY ME THIS a9 t�-
MAYOR