City Council Meeting Minutes

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, MARCH 17, 2008

CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 17, 2008.

ROLL CALL: Roll call indicated the following aldermen present: Moylan, Murphy, Higgason, Walsten, Smith and Argus. Aldermen Beauvais and Brookman were absent. Alderman Brookman arrived in Executive Session at 6:07 p.m. Alderman Beauvais arrived in Executive Session at 6:11 p.m.

Also present were: City Manager Bajor, Acting Director of Finance Wisniewski, Assistant to the Acting Director of Finance Raymond, Police Chief Prandini, Fire Chief Jaeger, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Conlan, Assistant City Attorney Bartel and City Attorney Wiltse.

EXECUTIVE SESSION:

Moved by Higgason, seconded by Murphy, to go into Executive Session to discuss acquisition of real property and probable-imminent litigtation. Upon roll call, the vote was:

AYES: 6-Moylan, Murphy, Higgason,

Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 2-Beauvais, Brookman

Motion declared carried.

The City Council recessed at 6:01 p.m.

The City Council reconvened at 7:14 p.m.

Roll call indicated the following aldermen present: Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus.

PRAYER:

The opening prayer was given by Father Demetri Kounavis, St. John the Baptist Greek Orthodox Church, followed by the Pledge of Allegiance to the Flag.

INTRODUCTION:

Mayor Arredia introduced Scott Small, the new Deputy Fire Chief, and John Laux, the new Assistant Director of Public Works.

RECOGNITION:

Mayor Arredia recognized the Maine West High School Poms Squad who compete from January through March with the Universal Dance Association and recently competed at the State level.

CITIZEN PARTICIPA.:

Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and read a statement (in City Council folder) asking the City Council to keep the honor of their word that TIF #4 would be developer-driven; the City does not have a plan for this area or a developer; taxpayer funds should not be used to buy up random sites in the hopes that a plan and a developer will come along.

Kevin and Nancy Creely, 283 Good Court, addressed the City Council stating that they were not aware of the church next to them buying a parcel of land for a parking lot which would be six (6) feet from their back steps; they object to this; this will destroy their

neighborhood; their property value will be impacted by this parking lot. Alderman Beauvais said that she will arrange a meeting with the residents.

Mr. Michael Mickelsen, 1549 Webster Lane, addressed the City Council urging Des Plaines to consider seceding from Cook County; Palatine is thinking of doing it; Des Plaines should spearhead this; get with all the communities around here and secede from Cook County. Mayor Arredia stated that the City has protested the various tax increases; we are meeting on this.

Ms. Mary Rita Francis, 675 Pearson Street, addressed the City Council, stating her concern about the Karaoke Bar coming on Miner Street next to a residential area; no food will be served, just alcohol. Alderman Beauvais stated that the petitioner will be meeting with the residents in the area very soon.

ACQUISITION OF REAL PROPERTY & PROBABLE- IMMINENT LITIGATION/1401 REDEKER RD.:

Moved by Murphy, seconded by Argus, to concur with majority agreement in Executive Session that Staff be authorized to proceed as directed regarding the acquisition of property located at 1401 Redeker Road. Motion declared carried. Aldermen Moylan, Brookman and Walsten voted no.

CONSENT AGENDA:

Alderman Argus requested that Items 3 and 3a be removed from the Consent Agenda; Alderman Brookman requested that Items 4, 4a and 14 be removed, Alderman Smith requested that Items 15 and 17 be removed and Alderman Beauvais requested that Item 16 be removed.

Moved by Brookman, seconded by Murphy, to establish a Consent Agenda except for Items 3, 3a, 4, 4a, 14, 15, 16 and 17. Motion declared carried.

Moved by Beauvais, seconded by Higgason, to approve the Consent Agenda. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; and Resolutions R-34-08, R-35-08 and R-37-08 were adopted.

MINUTES:

Consent Agenda

Moved by Beauvais, seconded by Higgason, to approve minutes of the regular meeting of the City Council held March 3, 2008, as published. Motion declared carried as approved unanimously under Consent Agenda.

Moved by Beauvais, seconded by Higgason, to approve minutes of the Executive Session of the City Council held March 3, 2008. Motion declared carried as approved unanimously under Consent Agenda.

INTERGOVERN. AGREEMENT/COOK COUNTY FOREST PRESV. RIVERWALK:

Resolution R-32-08

Moved by Argus, seconded by Moylan, to concur with Staff recommendation to authorize Mayor and City Clerk to execute A Intergovernmental Agreement@ with The Forest Preserve District of Cook County to permit construction of multi-use trails on Forest Preserve property as part of the Des Plaines River Trail (North Section) which is a component of the Des Plaines Riverwalk Project; funding from Federal Congestion Mitigation for Air Quality Grant in the amount of $1,048,000 with City providing 20% matching funds in the amount of $209,600/Capital Projects Funds; funding will also provide Riverwalk amenities such as wayfinding signs, point of interest signs, traffic control improvements and street lighting along Joseph Schwab Road; and further recommend to adopt Resolution R-32-08, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE FOREST PRESERVE DISTRICT OF COOK COUNTY FOR TRAIL IMPROVEMENTS. Upon roll call, the vote was: 3/17/08

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

ADOPTION OF DES PLAINES RESPONSE PLAN:

Resolution R-33-08

Moved by Brookman, seconded by Walsten, to POSTPONE until April 7, 2008, adoption of the Des Plaines Response Plan and Resolution R-33-08. Motion declared carried.

FINAL PLAT/2145 SPRUCEWOOD:

Consent Agenda

Resolution R-34-08

Moved by Beauvais, seconded by Higgason, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Sprucewood Court Subdivision, 2145 Sprucewood Avenue; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-34-08, A RESOLUTION APPROVING THE FINAL PLAT FOR SPRUCEWOOD COURT SUBDIVISION LOCATED AT 2145 SPRUCEWOOD AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

PUBLIC IMPROVEMENTS/1666-1711 BUCKINGHAM:

Consent Agenda

Resolution R-35-08

Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to accept Public Improvements for Buckingham Point Townhouses Planned Unit Development (PUD), 1666 to 1711 Buckingham Drive (southeast corner of Touhy Avenue and Dale Street); consisting of streets, fire hydrants, storm and sanitary sewers, public sidewalks and street lights; authorize release of Letter of Credit in the amount of $77,050 (Maintenance Bond in the amount of $72,500 will be held for 18 months); and further recommend to adopt Resolution R-35-08, A RESOLUTION APPROVING THE PUBLIC IMPROVEMENTS FOR BUCKINGHAM POINT PLANNED UNIT DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF TOUHY AVENUE AND DALE STREET (1666 TO 1711 BUCKINGHAM DRIVE), DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

LEASE AGREEMENT/POSTAGE METER MACHINE:

Consent Agenda

Resolution R-37-08

Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute A Lease and Maintenance Agreement@ with Neopost, Inc., 1200 N. Arlington Heights Road, Suite 130, Itasca, IL 60143, for a sixty-three (63)-month lease of a computerized postage meter machine at a monthly cost of $370.92 or $4,451.04 per year for a total lease cost of $23,367.96/Budgeted Funds; and further recommend to adopt Resolution R-37-08, A RESOLUTION AUTHORIZING THE EXECUTION OF A ONE-YEAR LEASE FOR A POSTAGE METER MACHINE BETWEEN NEOPOST, INC. AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE OF PICKUP TRUCK/FIRE DEPT.:

Consent Agenda

Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to authorize purchase through the Northwest Municipal Conference Joint Purchasing Program for Local Governments of one (1) 2008 Ford F-350 XLT Pickup Truck for the Fire Department from Currie Motors, 9423 W. Lincoln Highway, Frankfort, IL 60423, in the total amount of $31,891/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE & INSTALLATION/OUTDOOR SIREN SITE #10:

Consent Agenda

Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to authorize purchase and installation of one (1) Federal Signal Model #2001-130 TRB Outdoor Siren at Site #10 (IDOT Garage at Ballard and Bender Roads) from Braniff Communications, Inc., 4741 W. 136th Street, Crestwood, IL 60445, in the amount of $19,576.33/Budgeted Funds; and it would be in the best interest of the City that usual bid procedures be waived (Braniff is the sole supplier). Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE OF DUMP TRUCKS FOR PUBLIC WORKS DEPT.:

Consent Agenda

Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to authorize purchase through Suburban Purchasing Cooperative (Northwest Municipal Conference) of two (2) One-Ton Ford F-450 4x4 Dump Trucks from Currie Motors, 9423 W. Lincoln Highway, Frankfort, IL 60423, at a cost of $53,979 each for a total cost of $107,958/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE OF FULL-SIZE VAN FOR WATER METER DIV.:

Consent Agenda

Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to authorize purchase of one (1) 2008 Ford E-350 Full-Size Van for the Water Meter Division from Currie Motors, 9423 W. Lincoln Highway, Frankfort, IL 60423, at a total cost of $18,439/Budgeted CERF Funds; and it would be in the best interest of the City that usual bid procedures be waived (price is less than the State contract for the same vehicle). Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE OF 2008 TREES & PLANTING:

Consent Agenda

Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to authorize purchase through the West Central Municipal Conference - Suburban Tree Consortium, 2000 Fifth Avenue, Bldg. J, River Grove, IL 60171, for the Spring 2008 Tree Purchasing and Planting of 126 trees in the amount not-to-exceed $30,000/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda.

TRAINING COSTS/POLICE DEPARTMENT:

Consent Agenda

Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation to authorize City= s Tactical Response Team to travel to Nascogdoches, Texas, for training from March 30 to April 3, 2008, at Combat Shooting and Tactics Facility, at a cost of $14,000/Asset Forfeiture Funds (no cost to the City). Motion declared carried as approved unanimously under Consent Agenda.

BID AWARD/ROADWAY-TRAF. IMPROVEMENTS RIVER AT PEARSON-RIVER ST.:

Moved by Argus, seconded by Moylan, to concur with Staff recommendation to award bid for 2008 Roadway Widening and Traffic Signal Installation - River Road at Pearson/River Street, to the lowest bidder, Orange Crush, L.L.C., 321 S. Center Street, Hillside, IL 60162, in the total bid amount of $681,739.45/TIF District #1 Funds and $50,000 from River Plaines Associates (a condition of the Everleigh Condominiums PUD approval). Upon roll call, the vote was:

AYES: 7-Beauvais, Moylan, Murphy, Higgason,

Walsten, Smith, Argus

NAYS: 1-Brookman

ABSENT: 0-None

Motion declared carried.

BID AWARD/2008 CONCRETE IMPROVEMENTS MFT FUNDS:

Alderman Smith stated that he doesn= t think constructing A Green Alleys@ as a pilot project justifies the difference in cost from Alternative #1 and Alternate #2.

Several aldermen expressed concern about the installation of permeable brick pavers; their safety; their durability.

Moved by Smith, seconded by Higgason, to award bid for 2008 Concrete Improvements - MFT 08-00203-00-RP, Alternate #1 to the lowest bidder, Schroeder & Schroeder, Inc., 7306 Central Park, Skokie, IL 60076, in the total bid amount of $399,332/MFT Funds.

Moved by Brookman, seconded by Murphy, to adopt a SUBSTITUTE MOTION to postpone until April 7, 2008 further discussion on the Bid Award for the 2008 Concrete Improvements - MFT 08-00203-00-RP, Alternate #1. MOTION DECLARED FAILED (Aldermen Murphy and Brookman voted yes; Aldermen Beauvais, Moylan, Higgason, Walsten, Smith and Argus voted no).

Upon roll call on the original motion, the vote was:

AYES: 6-Beauvais, Moylan, Higgason,

Brookman, Smith, Argus

NAYS: 2-Murphy, Walsten

ABSENT: 0-None

Motion declared carried.

ORDINANCE MC 7-08 LIQ. LIC./1526 MINER:

Moved by Beauvais, seconded by Murphy, to POSTPONE until

April 7, 2008, Second Reading of Ordinance M-7-08, AN ORDINANCE AMENDING TITLE 4, A BUSINESS REGULATIONS,@ CHAPTER 4, A INTOXICATING LIQUORS,@ SECTION 5, A LICENSE FEES AND NUMBER,@ OF THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR KARMA KARAOKE BAR, INC. D/B/A KARMA KARAOKE BAR LOCATED AT 1526 MINER STREET, DES PLAINES, ILLINOIS. Motion declared carried.

ORDINANCE MC 8-08 2008A GO BONDS TO REFUND 2001C BONDS:

Moved by Smith, seconded by Higgason, to concur with Staff recommendation to amend Ordinance MC 8-08 authorizing the issuance of approximately $2.5 million in Tax Increment Refunding Bonds, Series 2008A, to finance land acquisitions in TIF District #1 and TIF District #3, as follows: the City Manager will be given authority until June 30, 2008 to proceed with the Bonds in order that the City may achieve better rates than the market is currently offering and will be for no less than 3.5% for the Bonds. Upon roll call, the vote was:

AYES: 6-Beauvais, Moylan, Murphy,

Higgason, Smith, Argus

NAYS: 2-Brookman, Walsten

ABSENT: 0-None

Motion declared carried.

Moved by Smith, seconded by Higgason, to adopt Ordinance MC 8-08 - AS AMENDED, AN ORDINANCE AUTHORIZING THE ISSUANCE OF TAXABLE GENERAL OBLIGATION CORPORATE PURPOSE REFUNDING BONDS, SERIES 2008A, OF THE CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote was:

AYES: 6-Beauvais, Moylan, Murphy,

Higgason, Smith, Argus

NAYS: 2-Brookman, Walsten

ABSENT: 0-None

Motion declared carried.

ORDINANCE Z-5-08 VARIATION/1700 S. MT.PROSPECT:

Consent Agenda

Moved by Beauvais, seconded by Higgason, to adopt Ordinance Z-5-08, AN ORDINANCE AUTHORIZING A VARIATION TO SECTION 7.4-5 D. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF A NEW PILOT PLANT WITH A HEIGHT OF 75 FEET, INSTEAD OF THE PERMITTED MAXIMUM HEIGHT OF 40 FEET, AT 1700 SOUTH MOUNT PROSPECT ROAD, DES PLAINES, ILLINOIS (Case 08-01-V). Motion declared carried as approved unanimously under Consent Agenda.

MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE

FINANCE & ADMINISTRATION - Alderman Smith, Chair

WARRANT REGISTER:

Moved by Beauvais, seconded by Higgason, to recommend to the City Council approval of the March 17, 2008 - Warrant Register, in the total amount of $3,014,607.72, and further recommend that Resolution R-36-08 be adopted at appropriate time this evening. Motion declared carried.

PUBLIC SAFETY - Alderman Beauvais, Chair

AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM:

Police Chief Prandini reviewed his memo of March 4, 2008, regarding the automated red light enforcement technology which allows municipalities outside the City of Chicago to use photographic equipment for enforcement of traffic signal violations; this matter was referred back to Staff on January 7, 2008 for more information including Cook County= s intent to install cameras at intersections within the boundaries of municipalities as well as a cost/benefit analysis of this program.

Police Chief Prandini stated that if this ordinance is approved, the following steps need to be taken to implement this program:

B -amend the Administrative Hearing Ordinance to include adjudication of automated red light violations;

B -choose vendor;

B -work with vendor to obtain IDOT permits and other needs.

Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that he has seen this system first-hand in the neighborhood where he has his business in Chicago; this works; it is hard to dispute that someone didn= t break the law; this would free-up some officers for other duties.

Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the Committee of the Whole stating that she was at a Chamber of Commerce meeting where this was discussed; the lights at the intersections turn very quickly; this is a revenue-generating program.

Moved by Beauvais, seconded by Moylan, to concur with Staff recommendation and recommend to the City Council that City adopt the Automated Traffic Law Enforcement System and proceed to implement the program by amending the Administrative Hearing Ordinance to include adjudication of automated red light violations, choose a vendor and work with the vendor to obtain the necessary IDOT permits and other needs; and place on First Reading Ordinance MC 9-08 at appropriate time this evening. Motion declared carried. Alderman Brookman voted no.

COMMUNITY DEVELOPMENT - Alderman Murphy, Chair

TEXT AMENDMENTS/MULTI-FAMILY PARKING REQUIREMENTS:　

Alderman Beauvais reviewed the text amendments to correctly reflect the intent of the aldermen to increase the off-street parking requirements for multi-family developments from 1.5 spaces per dwelling unit to 2.0 spaces throughout the City; this was not done when Ordinance Z-25-06 was adopted on June 19, 2006.

Questions and concerns were expressed regarding Ordinance Z-9-08 - Mixed Use Developments and Ordinance Z-10-08 - C-5 Central Business District, and it was suggested that they be referred back to Staff for further review.

Moved by Murphy, seconded by Brookman, to recommend to the City Council that the Text Amendments regarding Multi-Family Parking Requirements -- Ordinances Z-9-08 - Mixed Use Developments and Z-10-08 - C-5 Central Business District, be referred back to Staff for further review. Motion declared carried.

Moved by Beauvais, seconded by Walsten, to concur with Staff recommendation and recommend to the City Council to approve Text Amendment regarding Off-Street Parking Requirement that all dwellings, multiple family, will require two (2) parking spaces per dwelling unit; and place on First Reading Ordinance Z-11-08 at appropriate time this evening. Motion declared carried. Alderman Smith voted no.

ZONING CASE 07-89-V VARIATION/2100 TOUHY:

Director of Community & Economic Development Conlan stated that this request for a Variation of lot size for a proposed car wash with small convenience store operation at 2100 Touhy Avenue was referred back to Staff on March 3, 2008, for further review.

Director Conlan stated that Staff met with the petitioners and they have revised the site plan to eliminate the proposed exit on Hickory Street and extend the landscape buffer along the length of the Hickory Street frontage; also the petitioners have provided the City with an executed parking lease agreement for a portion of the back lot of the Comfort Inn O= Hare, across Touhy Avenue from the proposed development.

Alderman Beauvais stated that she has concerns; she thinks it will be difficult for people to back out of the parking spaces by the convenience store.

Mr. Jeff Johnston, 2384 Hickory Street, addressed the Committee of the Whole stating that he still has concerns about employees parking on his street; traffic will be a big problem but he thinks the project is good and should go forward.

City Attorney Wiltse stated that the ordinance could be amended to require that all employees must park on the site or in the lease parking lot.

Mr. Ronald Moore, 1480 Jefferson Street, addressed the Committee of the Whole stating that he is concerned that the hotel can just give their parking spaces away; don= t they need them for their PUD.

Moved by Brookman, seconded by Walsten, to concur with Staff recommendation and recommend to the City Council, re Zoning Case 07-89-V, to grant request for Variation to permit construction of a car wash with a small convenience store operation with a lot size of 19,729 sq. ft. instead of the required 25,000 sq. ft. on property located at 2100 E. Touhy Avenue in C-3 General Commercial District; amend proposed ordinance to remove requirement that additional data on traffic volume must be provided but add that a written parking agreement with the property owner of the business located at 2175 East Touhy Avenue must be provided; and place on First Reading Ordinance Z-8-08 - AS AMENDED at appropriate time this evening. Motion declared carried. Alderman Beauvais voted no.

MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION

ORDINANCE M-6-08 2008 APPROPRIAT.:

Moved by Beauvais, seconded by Higgason, to suspend the rules to permit public input on the 2008 Appropriations. Motion declared carried.

Moved by Higgason, seconded by Smith, to amend Ordinance MC 6-08 to add an appropriation of $1,050,000 for land acquisition, for a new total appropriation amount of $140,317,340.

Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council asking if the $1,050,000 is for purchase of 1401 Redeker Road. City Attorney Wiltse said that amount is for the purchase of land up to that amount anywhere in the City. Mr. Burkross stated that this is wrong; the City said that this would be developer-driven; this is appalling; this is taxpayers= money,

Moved by Moylan, seconded by Walsten, to adopt a SUBSTITUTE MOTION to approve 2008 Appropriations minus $1,050,000, for a total appropriation amount of $139,267,340. Upon roll call, the vote was:

AYES: 2-Moylan, Walsten

NAYS: 6-Beauvais, Murphy, Higgason,

Brookman, Smith, Argus

ABSENT: 0-None

MOTION DECLARED FAILED.

Upon roll call on the original motion, the vote was:

AYES: 3-Beauvais, Higgason, Smith

NAYS: 5-Moylan, Murphy, Brookman, Walsten, Argus

ABSENT: 0-None

MOTION DECLARED FAILED.

Moved by Moylan, seconded by Smith, to adopt Ordinance MC 6-08, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR MUNICIPAL PURPOSES DESIGNATED THE A ANNUAL APPROPRIATION BILL@ FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008. Upon roll call, the vote was:

AYES: 3-Beauvais, Moylan, Smith

NAYS: 5-Murphy, Higgason, Brookman, Walsten, Argus

ABSENT: 0-None

MOTION DECLARED FAILED.

Alderman Higgason asked to take leave of the body to change her vote from nay to aye. There were no objections. Mayor Arredia also voted aye.

The roll call now reads:

AYES: 5-Beauvais, Moylan, Higgason, Smith, Arredia

NAYS: 4-Murphy, Brookman, Walsten, Argus

ABSENT: 0-None

Motion declared carried.

ORDINANCE Z-7-08 EXTENSION OF TIME/1750 S. ELMHURST:

Moved by Argus, seconded by Murphy, to adopt Ordinance Z-7-08, AN ORDINANCE GRANTING AN EXTENSION OF THE CONDITIONAL USE GRANTED BY ORDINANCE Z-9-07 WHICH AUTHORIZED THE EXPANSION OF AN EXISTING ASSISTED LIVING FACILITY IN ACCORDANCE WITH SECTION 7.3-6 C. OF THE ZONING CODE AND AUTHORIZING A MAJOR VARIATION TO SECTION 9.7 TO ALLOW A TOTAL OF 198 PARKING SPACES FOR THE PROPERTY COMMONLY KNOWN AS 1750 ELMHURST ROAD, DES PLAINES (Case 05-16-CU-V). Upon roll call, the vote was:

AYES: 6-Moylan, Murphy, Brookman,

Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

ABSTAIN:2-Beauvais, Higgason (conflict of interest).

Motion declared carried.

DEFERRED MOTION/EXTENSION OF TIME, 1382- 1398 PRAIRIE:

Ordinance Z-6-08

Moved by Beauvais, seconded by Argus, to POSTPONE until April 21, 2008, motion deferred on March 3, 2008, regarding request for Extension of Time for 1382-1398 Prairie Avenue and Ordinance Z-6-08.

Alderman Moylan expressed his opposition to this postponement.

Moved by Beauvais, seconded by Brookman, to suspend the rules to permit public input on this matter. Motion declared carried.

Mrs. Barbara Van Slambrouck, 286 Stratford Road, addressed the City Council stating that a dog grooming business is next to this proposed residential business; this is not permitted in this area; what will happen to this existing business? City Attorney Wiltse said nothing; this would be considered a grandfathered business.

Motion declared carried on the motion to postpone. Aldermen Moylan and Walsten voted no.

WARRANT REGISTER:

Resolution R-36-08

Moved by Smith, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-36-08, 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: $3,014,607,72. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM:

Ordinance M-9-08

Moved by Beauvais, seconded by Moylan, to concur with recommendation of Committee of the Whole to adopt the Automated Traffic Law Enforcement System and proceed to implement the program by amending the Administrative Hearing Ordinance to include adjudication of automated red light violations, choose a vendor and work with the vendor to obtain the necessary IDOT permits and other needs; and further recommend to place on First Reading Ordinance MC 9-08, AN ORDINANCE AMENDING TITLE 7, A MOTOR VEHICLES AND TRAFFIC,@ OF THE DES PLAINES CITY CODE BY ADDING CHAPTER 12, A AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM.@ Motion declared carried. Alderman Brookman voted no.

TEXT AMEND./PARKING REQUIREMENTS MIXED USE DEVELOPMENTS:

Ordinance Z-9-08

Moved by Murphy, seconded by Brookman, to concur with recommendation of Committee of the Whole to refer back to Staff for further review the Text Amendment regarding Parking Requirements - Mixed Use Developments and Ordinance Z-9-08, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO ARTICLE 3.5A-F.,1.,C., A PARKING REQUIREMENTS (MIXED USE DEVELOPMENTS),@ OF THE CITY OF DES PLAINES ZONING CODE. Motion declared carried. Alderman Higgason voted no.

TEXT AMEND./PARKING REQUIREMENTS C-5 CENTRAL BUSINESS DISTRICT:

Ordinance Z-10-08

Moved by Murphy, seconded by Brookman, to concur with recommendation of Committee of the Whole to refer back to Staff for further review the Text Amendment regarding Parking Requirements - C-5 Central Business District and Ordinance Z-10-08, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO 7.3-8 F, A SUPPLEMENTAL PARKING REQUIREMENTS,@ OF THE CITY OF DES PLAINES ZONING CODE. Motion declared carried. Alderman Higgason voted no.

TEXT AMENDMENT/PARKING REQUIREMENTS OFF-STREET PARKING:

Ordinance Z-11-08

Moved by Murphy, seconded by Brookman, to concur with recommendation of Committee of the Whole to approve Text Amendment regarding Off-Street Parking Requirement that all dwellings, multiple family, will require two (2) parking spaces per dwelling unit; and further recommend to place on First Reading Ordinance Z-11-08, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO 9.7, A OFF-STREET PARKING REQUIREMENTS,@ OF THE CITY OF DES PLAINES ZONING CODE. Motion declared carried. Alderman Smith voted no.

ZONING CASE 07-89-V VARIATION/2100 TOUHY:

Ordinance Z-8-08 AS AMENDED

Moved by Murphy, seconded by Brookman, to concur with recommendation of Committee of the Whole, re Zoning Case 07-89-V, to grant request for Variation to permit construction of a car wash with a small convenience store operation with a lot size of 19,729 sq. ft. instead of the required 25,000 sq. ft. on property located at 2100 E. Touhy Avenue in C-3 General Commercial District; amend ordinance to remove requirement that additional data on traffic volume must be provided but add that a written parking agreement with the property owner of the business located at 2175 East Touhy Avenue must be provided; and further recommend to place on First Reading Ordinance Z-8-08 - AS AMENDED, AN ORDINANCE AUTHORIZING A MAJOR VARIATION TO SECTION 7.3-6 c. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF CAR WASH AND CONVENIENCE STORE ON A LOT WITH A TOTAL AREA OF 19,729 SQUARE FEET, INSTEAD OF THE REQUIRED 25,000 SQUARE FEET, AT 2100 EAST TOUHY AVENUE, DES PLAINES, ILLINOIS. Motion declared carried. Aldermen Beauvais voted no.

ADJOURNMENT:

Moved by Beauvais, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:30 p.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2008

Anthony W. Arredia, MAYOR

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