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02/06/2012MINUTES 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, FEBRUARY 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 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, February 6, 2012. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Walsten, Wilson, and Charewicz. Alderman Brookman arrived at 6:01 p.m. Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Deputy Police Chief Burton, 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 Moved by Haugeberg, seconded by Bogusz, to go into Executive Session to SESSION: discuss Setting the Price for Sale or Lease of Property. Motion passed unanimously. There were no objections. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, and Charewicz. PRAYER AND The opening prayer was given by City Clerk Ludwig, followed by the Pledge of PLEDGE • Allegiance. CITIZEN Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council asking if PART.: he would be allowed to speak about TIF #6 and water rate increase this evening. City Attorney Wiltse advised Mr. Burkross that the Council Rules would need to be suspended to allow public input. Mr. Burkross requested that the City correct the issues with its website. Mr. John Graziadei, 1050 Wicker, addressed the City Council thanking the Mayor for having the sign taken down on Oakton Street and requested that the stop lights on Oakton and Algonquin be coordinated so he could get out from Forest; he contacted a gentleman at IDOT to have the lights coordinated and he refused; please have City Engineer coordinate the stop lights. Mayor Moylan requested that the Director of Public Works and Engineering Oakley follow up and report back to the City Council. Mr. Wharton Sinkler, a resident of the Second Ward, addressed the City Council stating that he supports the Active Transportation Plan; he has W Page 2 of 13 2/6/12 CITIZEN reviewed the plan which is forward looking. Mayor Moylan advised him to PART.: hold his comments until the item comes up on the floor. (Cont'd) SETTING THE Moved by Haugeberg, seconded by Robinson, that the City Council concur with PRICE FOR SALE the consensus reached in Executive Session to authorize the Mayor to sign and OR LEASE OF the City Clerk to attest a Redevelopment Agreement with TPS Des Plaines, PROPERTY: LLC for the conveyance of the property to TPS Des Plaines, LLC, pursuant to the terms of the agreement, for the construction of a parking garage, a restaurant and a possible hotel development east of Mannheim Road, south of the Tollway and north of the McDonald's restaurant in Des Plaines and adopt Resolution R- 17-12. Alderman Brookman explained his vote on this matter. City Attorney Wiltse advised Alderman Brookman that the Council needs to accept or reject the proposal and not change the terms of the agreement. Acting City Manager Slowinski gave an explanation of a Request for Proposal and answered questions from the Mayor and aldermen. Director of Community & Economic Development Bartholomew answered questions from the Mayor. Alderman Walsten stated that he will vote no. Director of Finance Wisniewski answered questions regarding the debt for TIF #6. Attorney Burns of Burke, Burns & Pinelli, answered questions from the Mayor and Alderman Brookman. City Attorney Wiltse answered questions from Alderman Brookman regarding the purchase of the property. Moved by Wilson, seconded by Charewicz, to suspend the Council Rules to allow public input. Motion declared carried. There were no objections. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council regarding TIFs; the city did a good job supplying information to the residents, presenting proposals by different people, ideas and solicited resident input as to their preference; the council educated the residents of economic advantages. Moved by Brookman, seconded by Walsten, to counter the purchase price of the land at the fair market value as established by the last appraisal and reject the proposal. Aldermen Brookman and Walsten voted Aye. Aldermen Haugeberg, Robinson, Bogusz, Sayad, Wilson and Charewicz voted Nay. Motion declared FAILED ��� Page 3 of 13 2/6/12 SETTING THE Upon roll call on Alderman Haugeberg's original motion that the City Council PRICE FOR SALE concur with the consensus reached in Executive Session to authorize the Mayor OR LEASE OF to sign and the City Clerk to attest a Redevelopment Agreement with TPS Des PROPERTY: Plaines, LLC for the conveyance of the property to TPS Des Plaines, LLC, (Cont'd) pursuant to the terms of the agreement, for the construction of a parking garage, a restaurant and a possible hotel development east of Mannheim Road, south of the Tollway and north of the McDonald's restaurant in Des Plaines and adopt Resolution R- 17 -12, the vote was: AYES: 6- Haugeberg, Robinson, Bogusz, Sayad, Wilson, Charewicz NAYS: 2- Brookman, Walsten ABSENT: 0 -None Motion declared carried. CONSENT Motion by Walsten, seconded by Haugeberg, to establish the Consent Agenda, AGENDA except for Items 3, 3a, 4, 4a, 7, 7a, 9, 9a and 13. Motion declared carried. Motion by Haugeberg, seconded by Bogusz, to approve Consent Agenda, except for Items 3, 3a, 4, 4a, 7, 7a, 9, 9a and 13. Upon roll call, the vote was: AYES: 8- Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Resolutions R- 19 -12, R- 20 -12, R- 23 -12, and R -25 -12 were adopted. MINUTES: Moved by Haugeberg, seconded by Bogusz, to approve minutes of the Regular Consent Meeting of the City Council held January 17, 2012, as published. Motion Agenda declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Bogusz, to approve minutes of the Executive Session of the City Council held January 17, 2012. Motion declared carried as approved unanimously under Consent Agenda. NEW CLASS A Resident Brian Burkross requested that this item be removed from Consent LIO. LIC./ Agenda. 1476 MINER ST.: Mr. Burkross addressed the City Council asking about underage drinking and Ordinance serving alcohol at a theater. M -2 -12 Alderman Walsten answered Mr. Burkross's questions Alderman Sayad requested that the actual hours of operation allowed by ordinance be attached to the original application for liquor license and reflected in the Minutes this evening as follows: Monday — Thursday - 6 a.m. to 1 a.m. Page 4 of 13 M -2 -12 (Cont'd) AMEND CITY CODE/TITLE 7/ CH. 11/VEHICLE CODE/NO VALID DRIVER'S LIC.: Ordinance M -6 -12 Friday, Saturday Sunday - 6 a.m. to 2 a.m. 12 noon to 1 a.m. 2/6/12 Sunday - If food is offered for consumption, service of alcohol may commence at 10:30 a.m. Moved by Sayad, seconded by Walsten, to approve a new Class A Tavern Liquors Dealers License for Des Plaines Theaters, Inc., d/b /a Des Plaines Theater, 1476 Miner Street and to place on First Reading Ordinance M -2 -12, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR DES PLAINES THEATERS, INC. DB /A DES PLAINES THEATRE LOCATED AT 1476 MINER STREET, DES PLAINES, ILLINOIS. Motion declared carried. Resident Brian Burkross requested that this item be removed from Consent Agenda. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council asking what the change means. Deputy Chief Burton answered Mr. Burkross's questions. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to amend sub - section L of Ordinance M -23 -06 authorizing the Vehicle Seizure and Impoundment Ordinance to assure compliance with the Illinois Vehicle Code; and further recommend to place on First Reading Ordinance M -6 -12, AN ORDINANCE AMENDING TITLE 7, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 11, "VEHICLE SEIZURE AND IMPOUNDMENT FOR VIOLATIONS," SECTION 1, "ELIGIBILITY FOR SEIZURE AND IMPOUNDMENT," OF THE DES PLAINES CITY CODE. Motion declared carried. IDOT AGR./ Moved by Haugeberg, seconded by Bogusz, to concur with Staff BALLARD RD. recommendation to approve Local Agency Agreement for Federal Participation SIDEWALK/ with the Illinois Department of Transportation (IDOT) and the Preliminary SIDEPATH: Engineering Services Agreement for Federal Participation with SPACECO, Consent Inc., 9575 West Higgins Road, Suite 700, Rosemont, Illinois 60018 in a not to Agenda exceed amount of $25,000.00; and further recommend to adopt Resolution R- 19-12, A RESOLUTION APPROVING THE EXECUTION OF A LOCAL Resolution AGENCY AGREEMENT FOR FEDERAL PARTICIPATION BETWEEN R -19 -12 THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY OF DES PLAINES FOR A SIDEWALK AND SIDEPATH ALONG BALLARD ROAD. Motion declared carried as approved unanimously under Consent Agenda. 2012 MOTOR Moved by Haugeberg, seconded by Bogusz, to concur with Staff FUEL TAX recommendation to approve the Municipal Estimate of Maintenance Costs and MAINTENANCE: adoption of Illinois Department of Transportation (IDOT) Resolution for Page 5 of 13 2/6/12 Consent Maintenance of Streets and Highways; and further recommend to adopt Agenda Resolution R- 20 -12, A RESOLUTION AUTHORIZING THE EXECUTION OF A STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION Resolution "RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS R -20 -12 BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE," FOR THE PURPOSE OF MAINTAINING STREETS AND HIGHWAYS IN THE CITY (12- 00000- 00 -GM). Motion declared carried as approved unanimously under Consent Agenda. POLICY/ Alderman Wilson requested that this item be pulled from Consent Agenda. MEMBER REVIEW EXEC. Moved by Wilson, seconded by Robinson, to amend Resolution R -22 -12 by SESSION adding Item #6 - Elected officials may only review minutes and recordings of RECORDINGS: executive sessions held during their elected term(s). To research minutes prior to their term, a majority vote of Council will be necessary to allow a review of Resolution specifically requested topics. Aldermen Haugeberg, Robinson, Wilson and R -22 -12 Charewicz voted Aye. Aldermen Bogusz, Sayad, Brookman and Walsten voted Nay. Motion declared FAILED Moved by Wilson, seconded by Robinson, to adopt a policy which will allow a member to ask the City Manager's office to allow the member to listen to the recording. The City Manager's office will then coordinate the process to allow the member to listen to the recording; and further recommend to adopt Resolution R- 22 -12, A RESOLUTION ADOPTING A POLICY FOR REVIEWING EXECUTIVE SESSION RECORDINGS OF PAST CITY COUNCIL EXECUTIVE SESSIONS IN THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 6- Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 2- Haugeberg, Robinson ABSENT: 0 -None Motion declared carried. AGR. /COOK CO. Moved by Haugeberg, seconded by Bogusz, to concur with Staff ASSESSOR'S recommendation to enter into the intergovernmental agreement with the Cook OFFICE/DATA County Assessor's Office (CCAO) in order to access the Cook County ACCESS: Geographical Information System data; and further recommend to adopt Consent Resolution R- 23 -12, A RESOLUTION AUTHORIZING THE CITY OF DES Agenda PLAINES TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COOK COUNTY ASSESSOR TO ACCESS COOK COUNTY Resolution GEOGRAPHIC INFORMATION SYSTEM DATA. Motion declared carried R -23 -12 as approved unanimously under Consent Agenda. ACCEPT PUBLIC Alderman Haugeberg requested that this item be removed from Consent IMPROV'S/ Agenda. KOLBIARZ DEFRANCO SUB.: Director of Public Works and Engineering Oakley answered Alderman Haugeberg's question regarding a detention pond issue. Wt- Resolution Page 6 of 13 2/6/12 R -24 -12 Moved by Haugeberg, seconded by Robinson, to authorize the acceptance of (Cont'd) the public improvements for M. Kolbiarz and P. DiFranco Subdivision and maintain the existing Letter of Credit Amendment (No. 377) in the amount of $71,520.30 for the standard 18 months and then release it provided all the public improvements remain in good working condition. Upon roll call, the vote was: AYES: 8- Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. GRANT AGR./ Moved by Haugeberg, seconded by Bogusz, to concur with Staff NACCHO: recommendation to enter into a grant agreement with National Association of Consent County and City Health Officials (NACCHO) which will allow the City of Des Agenda Plaines to receive $5,000.00 to help support our Medical Reserve Corps program; and further recommend to adopt Resolution R- 25 -12, A Resolution RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM R -25 -12 THE NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS IN THE AMOUNT OF $5,000.00. Motion declared carried as approved unanimously under Consent Agenda. BULK SALES LIO. Moved by Haugeberg, seconded by Bogusz, to concur with Staff LIC. /919 EAST recommendation to approve Bulk Sale Liquors Dealers License change of OAKTON ST.: ownership for BJV Corporation d/b /a Oakton Liquors at 919 East Oakton Consent Street, Classification B (no ordinance required); liquor license to become Agenda effective upon closing and confirmation of business license. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISE BID/ Moved by Haugeberg, seconded by Bogusz, to concur with Staff GASOLINE recommendation that City Clerk be authorized to advertise for bids for Gasoline DIESEL FUEL: and Diesel Fuel contract for one year with two optional annual extensions, returnable by 3:00 PM, Friday, March 9, 2012. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Alderman Sayad requested that this item be removed from Consent Agenda. M -3 -12 NEW CLASS A Alderman Sayad asked for a clarification of the hours of operation. LIO. LIC./ 851 W. OAKTON Moved by Walsten, seconded by Charewicz, to concur with Staff ST.: recommendation to adopt Ordinance M -3 -12, AN ORDINANCE AMENDING TITLE 4, `BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR A EAGLE SVK, INC. D /B /A A EAGLE SVK LOCATED AT 851 W. OAKTON STREET, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 8- Haugeberg, Robinson, Bogusz, Sayad,� Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None Page 7 of 13 851 W. OAKTON ABSENT: 0 -None ST.: Motion declared carried. (Cont'd) 2/6/12 MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Bogusz, Chair WARRANT Moved b�Sayad, seconded by Brookman to amend the Warrant Register R -26- REGISTER: 12 in the amount of $3,915,704.12 by deleting the expenditures listed under Fund 420 payable to New World ERP in the total amount of $90,625.90 on Page 11 of the Warrant Register. Motion declared carried. Aldermen Haugeberg and Bogusz voted no. Moved by Wilson, seconded by Walsten to approve the expenditures listed under Fund 420 payable to New World ERP in the total amount of $90,625.90 on Page 11 of the Warrant Register. Motion declared carried. Alderman Sayad voted no. COMMUNITY DEVELOPMENT — Alderman Haugeberg, Chair ZONING Senior Planner Mangum reviewed his Memorandum of January 11, 2012, ORDINANCE regarding a zoning ordinance text amendment to the City of Des Plaines 1998 TEXT Zoning Ordinance, as amended, amending Table 7.3.1, Commercial Districts AMENDMENT: Use Matrix, regarding the Child Care Center use in the C -1, Neighborhood Shopping District to allow for an accessory dwelling unit as a Conditional Use, Case #11- 072 -TA, and answered questions from the Aldermen. Moved by Brookman, seconded by Walsten, to recommend to the City Council approval to place on First Reading Ordinance Z -3 -12 at appropriate time this evening. Motion declared carried. VARIATION/ Senior Planner Mangum reviewed his Memorandum of January 11, 2012, 100 EAST regarding approval for a major variation to Section 7.4 -5(D) of the City of Des OAKTON ST.: Plaines Zoning Ordinance, as amended, to replace a 47 -foot legal nonconforming silo with one that is 54 feet where the maximum height allowed in the M -2 general manufacturing district is 40 feet, Case #11- 069 -V, and answered questions from the Aldermen. Moved by Walsten, seconded by Bogusz, to recommend to the City Council approval to place on First Reading Ordinance Z -4 -12 at appropriate time this evening. Motion declared carried. COND. USE/ Senior Planner Mangum reviewed his Memorandum of January 11, 2012, 6 NORTH RIVER regarding a Conditional Use Permit under Section 7.3 -6 -C of the 1998 Des RD. /16 MARY ST.: Plaines Zoning Ordinance, as amended, for the operation of a Wholesale Goods Establishment in the C -3 Zoning District, Case #11- 073 -CU, and answered questions from the Aldermen. Page 8 of 13 2/6/12 6 NORTH RIVER RD. /16 MARY ST.: The Petitioner must also meet the following condition: (Cont'd) All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements no later than September 1, 2012. Moved by Bogusz, seconded by Wilson, to recommend to the City Council approval to place on First Reading Ordinance Z -5 -12 at appropriate time this evening. Motion declared carried. COND. USE/ Senior Planner Mangum reviewed his Memorandum of December 14, 2011, 965 WILLSON regarding a request for a Conditional Use Permit under 7.2 -4 -C of the 1998 Des DR.: Plaines Zoning Ordinance, as amended, to authorize a Large Residential Care Home in the R -1 District, Case #11- 066 -CU. Mr. Tom Kucharski, 540 Kincaid Court, addressed the Committee of the Whole stating that the appearance of the property is a disgrace for the neighborhood; a small residential care home houses 5 -6 people and there would be more than 6 people for a large care home; the owner was forced to make changes; he recommends that the City Council reject the proposal. Mr. Stephen Pagels, 999 Willson Drive, addressed the Committee of the Whole stating that the neighbors have been disrespected; he is concerned with an increased number of people; the City should address this issue and come up with regulations; he respectfully requested that this not be approved. Director of Community & Economic Development Bartholomew answered questions from the Aldermen. Mr. George Chaharbakashi, 953 Willson Drive, addressed the Committee of the Whole stating that during the summer he can hear people screaming and yelling at 6 a.m. Ms. Helen Dillon, 958 Willson Drive, addressed the Committee of the Whole stating that back in December she saw two women with luggage walking into the group home; another day in December a woman was in front of the house screaming that after working 20 hours, she needed to get out of the house. Moved by Charewicz, seconded by Walsten, to recommend to the City Council to DENY the request to authorize a Large Residential Care Home in the R -1 District, Case #11- 066 -CU at appropriate time this evening. Motion declared carried. ENGINEERING — Alderman Sayad, Chair MODEL COM. Director of Public Works and Engineering Oakley reviewed his Memorandum GRANT/ of January 11, 2012 regarding the Model Communities Grant — Active Transportation Plan and answered questions from the Aldermen. Page 9 of 13 2/6/12 ACTIVE TRANS. PLAN: Civil Engineer Peebles answered questions from the Aldermen and stated that this plan is supported by Cook County and the State of Illinois. Mr. Wharton Sinkler, 973 Margret Street, addressed the Committee of the Whole stating it looks that the motion will pass; there are a lot of opportunities to make pedestrian/bike traffic easier; he hopes the Council will do much of what is recommended. Mr. John Milstead, 2515 Church Street, addressed the Committee of the Whole stating that hopefully we can institute laws or rules and acquaint people with safety; better education of children and adults. Mr. Tom Olson, 891 Jeannette, addressed the Committee of the Whole stating that this plan is a big, big plus and a tremendous asset to the City; he would not allow his kids to bike to school now; it is important to follow the laws and the rules of the road. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole asking if this project is being 100% funded by a grant. The answer was yes. Mr. Burkross stated that this is great; cannot see kids at night; promote safety and recommends that a child or adult wear reflective tape. Moved by Wilson, seconded by Robinson, to recommend to the City Council to adopt Resolution R -27 -12 at appropriate time this evening. Motion declared carried. Alderman Brookman voted no. MODEL COM. Director of Public Works and Engineering Oakley reviewed his Memorandum GRANT/ of December 11, 2012 regarding the Model Communities Grant — Complete COMPLETE Streets Policy and answered questions from the Aldermen. STREETS POLICY: Moved by Wilson, seconded by Bogusz, to recommend to the City Council to adopt Resolution R -28 -12 at appropriate time this evening. Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. UNFINISHED Water Rate Increase BUSINESS: Moved by Brookman, seconded by Haugeberg, to suspend the Council Rules to allow public comment. Motion declared carried. There were no objections. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating he was disappointed that a meeting to discuss the Woodman study was not held. Page 10 of 13 2/6/12 ORDINANCE Moved by Haugeberg, seconded by Robinson to place on Second Reading and M -4 -12 adopt Ordinance M -4 -12, AN ORDINANCE AMENDING TITLE 9, "PUBLIC INCREASE UTILITIES," CHAPTER 1, "WATER SYSTEM REGULATIONS," SECTION WATER RATES: 7, "RATES" OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 8- Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Sanitary Sewer Rate Increase Moved by Bogusz, seconded by Walsten, to suspend the Council Rules to allow public comment. Motion declared carried. There were no objections. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating he hopes there will be more discussions regarding this issue; he was trying to find the Woodman study on the internet and had assistance from the IT Director to find it; Mr. Burkross requested that the study be included with PDF documents in the future. Director of Finance Wisniewski answered questions from Mr. Burkross and the Aldermen. Alderman Brookman will vote no and made suggestions on cutting expenses and the need to discuss policies in the future. ORDINANCE Moved by Haugeberg, seconded by Robinson to place on Second Reading and A M -5 -12 adopt Ordinance M -5 -12, AN ORDINANCE MENDING TITLE 9, "PUBLIC INCREASE UTILITIES," CHAPTER 2, "SEWER SYSTEM REGULATIONS," SECTION SEWER RATES: 3, "SANITARY SEWER FEE" OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 7- Haugeberg, Robinson, Bogusz, Sayad, Walsten, Wilson, Charewicz NAYS: 1- Brookman ABSENT: 0 -None Motion declared carried. WARRANT Moved by Sayad, seconded by Brookman, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R- 26 -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 -26 -12 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME, AS AMENDED. Total: $3,915,704.12. Upon roll call, the vote was: AYES: 8- Haugeberg, Robinson, Bogusz, Sayad, p Brookman, Walsten, Wilson, Charewicz U NAYS: 0 -None Page 11 of 13 2/6/12 R -26-12 ABSENT: 0 -None (Cont'd) Motion declared carried. Moved by Bogusz, seconded by Robinson, to authorize the payment of the expenses listed in Fund 420 (Page 11 of the Warrant Register R- 26 -12) to New World Systems Corp. in the total amount of $90,625.90. Upon roll call, the vote was: AYES: 7- Haugeberg, Robinson, Bogusz, Brookman, Walsten, Wilson, Charewicz NAYS: 1 -Sayad ABSENT: 0 -None Motion declared carried. ZONING Moved by Bogusz, seconded by Haugeberg, to concur with recommendation of ORDINANCE Committee of the Whole to place on First Reading Ordinance Z -3 -12, AN TEXT ORDINANCE AUTHORIZING A TEXT AMENDMENT TO TABLE 7.3.1, AMENDMENT: "COMMERCIAL DISTRICT USE MATRIX," OF THE CITY OF DES PLAINES ZONING CODE. Motion declared carried. Ordinance Z-3 -12 ORDINANCE Moved by Brookman, seconded by Sayad, to advance to Second Reading and Z-3 -12 adopt Ordinance Z -3 -12, AN ORDINANCE AUTHORIZING A TEXT ZONING AMENDMENT TO TABLE 7.3.1, "COMMERCIAL DISTRICT USE ORDINANCE MATRIX," OF THE CITY OF DES PLAINES ZONING CODE. Upon roll TEXT call, the vote was: AMENDMENT: AYES: 8- Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. VARIATION/ Moved by Haugeberg, seconded by Brookman, to concur with recommendation 100 EAST of Committee of the Whole to place on First Reading Ordinance Z -4 -12, AN OAKTON ST.: ORDINANCE APPROVING A MAJOR VARIATION UNDER SECTION 7.4 -5 D. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO Ordinance REPLACE A 47 -FOOT LEGAL NONCONFORMING SILO WITH A SILO Z-4 -12 THAT IS 54 FEET IN HEIGHT AT 100 E. OAKTON STREET, DES PLAINES, ILLINOIS. (CASE #11- 069 -V). Motion declared carried. COND. USE/ Moved by Haugeberg, seconded by Sayad, to concur with recommendation of 6 NORTH RIVER Committee of the Whole to place on First Reading Ordinance Z -5 -12, AN RD. /16 MARY ST.: ORDINANCE GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 7.3 -6 C. OF THE ZONING ORDINANCE TO PERMIT THE Ordinance OPERATION OF A WHOLESALE GOODS ESTABLISHMENT WITH Z-5 -12 ACCESSORY RETAIL SALES AT 6 N. RIVER ROAD, DES PLAINES, ILLINOIS. (CASE #11- 073 -CU). Motion declared carried. ORDINANCE Moved by Haugeberg, seconded by Robinson, to advance to Second Reading Page 12 of 13 2/6/12 Z-5 -12 and adopt Ordinance Z -5 -12, AN ORDINANCE GRANTING A COND. USE/ CONDITIONAL USE PERMIT UNDER SECTION 7.3 -6 C. OF THE 6 NORTH RIVER ZONING ORDINANCE TO PERMIT THE OPERATION OF A RDJ16 MARY ST.: WHOLESALE GOODS ESTABLISHMENT WITH ACCESSORY RETAIL SALES AT 6 N. RIVER ROAD, DES PLAINES, ILLINOIS. (CASE #11-073 - CU). Upon roll call, the vote was: AYES: 8- Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. COND. USE/ Moved by Haugeberg, seconded by Robinson, to concur with recommendation 965 WILLSON of Committee of the Whole to DENY the request to authorize a Large DR.: Residential Care Home in the R -1 District, Case #11- 066 -CU. Upon roll call, the vote was: AYES: 8- Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. MODEL COM. Moved by Sayad, seconded by Bogusz, to concur with recommendation of GRANT/ Committee of the Whole to adopt Resolution R- 27 -12, A RESOLUTION ACTIVE TRANS. AUTHORIZING THE ADOPTION OF THE ACTIVE TRANSPORTATION PLAN: PLAN IN THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7- Haugeberg, Robinson, Bogusz, Sayad Resolution Walsten, Wilson, Charewicz R -27 -12 NAYS: 1- Brookman ABSENT: 0 -None Motion declared carried. MODEL COM. Moved by Sayad, seconded by Bogusz, to concur with recommendation of GRANT/ Committee of the Whole to adopt Resolution R- 28 -12, A RESOLUTION COMPLETE AUTHORIZING THE ADOPTION OF THE COMPLETE STREETS POLICY STREETS IN THE CITY OF DES PLAINES. Upon roll call, the vote was: POLICY: AYES: 7- Haugeberg, Robinson, Bogusz, Sayad Walsten, Wilson, Charewicz Resolution NAYS: 1- Brookman R -28 -12 ABSENT: 0 -None Motion declared carried. ADJOURNMENT: Moved by Haugeberg, seconded by Bogusz, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:34 p.m. j 6lila' -Q, beuju �- I Z GlorfaJ. Ludwig — ITY CLERK Page 13 of 13 2/6/12 APPROVED BY ME THIS t— DAY OF — 1 2012 Marti . M lan, M OR