08-16-2010CALL 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, AUGUST 16, 2010
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Mayor Martin J. Moylan at 7:00 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday,
August 16, 2010.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Bogusz, Higgason, Brookman, Walsten, Wilson, and Argus.
Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Police Chief
Prandini, Fire Chief Wax, Director of Public Works and Engineering Oakley, Director of Information
Technology Duebner, Director of Community & Economic Development Conlan and City Attorney
Wiltse.
PRAYER AND
PLEDGE:
CITIZEN
PART.:
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
The opening prayer was given by The V. Reverend Andre Papkov of the Holy
Virgin Protection Cathedral, followed by the Pledge of Allegiance to the Flag.
Mr. Walter Korber, 1451 Webster Lane, addressed the City Council stating that
cars continue to rush through his area; drivers don't stop unless a squad car is
present; he requested that a stop sign be installed at Webster and Wicke.
Mr. Danny Gillespie, 799 Lee Street, addressed the City Council announcing
that he won two more Gold Medals in Special Olympics for golf and bowling.
Alderman Bogusz requested that Item 1 be removed from the Consent Agenda.
Motion by Higgason, seconded by Argus, to establish the Consent Agenda
except for Item 1. Voice Vote -All Ayes. Motion declared carried.
Motion by Argus, seconded by Robinson, to approve Consent Agenda. Upon
roll call, the vote was:
A YES: 8-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, W alsten, Wilson, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Alderman Bogusz asked about the minutes of the Executive Session of July 6,
2010 which were postponed until August 16, 2010 for approval as noted in the
minutes of the Regular Meeting of the City Council held on August 2, 2010.
City Attorney Wiltse stated that after conferring with the City Clerk regarding a
draft change Alderman Bogusz requested, the Executive Session minutes were
not ready by the deadline to be placed on tonight's agenda.
Moved by Bogusz, seconded by Haugeberg, to approve minutes of the Regular
8t~i-
FIRE DEPT./
MOBILE DATA
COMPUTERS:
Consent
Agenda
Resolution
R-116-10
Resolution
R-117-10
Page 2of6 8116110
Meeting of the City Council held August 2, 2010, as published. Voice Vote -
All Ayes. Motion declared carried.
Moved by Argus, seconded by Robinson, to concur with Staff recommendation
to purchase 9 General Dynamics GD6000 ruggedized notebooks and docks at a
cost not to exceed $27,130.00 (2010 IT Replacement Fund) from Badger Fleet
Solutions, 10600 West Bluemound Road, Milwaukee, Wisconsin 53226; and
further recommend to adopt Resolution R-116-10, A RESOLUTION
AUTHORIZING THE PURCHASE OF NINE GENERAL DYNAMICS
GD6000 MOBILE DATA COMPUTERS FORM BADGER FLEET
SOLUTIONS. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Argus, seconded by Robinson, to concur with Staff recommendation
to purchase 5 Panasonic Toughbook CF-19 ruggedized tablet computers at a
cost not to exceed $16,570.00 (2010 IT Replacement Fund) from CDS Office
Technologies, 780 Belden Avenue, Suite A, Addison, Illinois 60101, and
further recommend to adopt Resolution R-117-10, A RESOLUTION
AUTHORIZING THE PURCHASE OF FIVE PANASONIC TOUGHBOOK
CF-19 RUGGEDIZED TABLET COMPUTERS FROM CDS OFFICE
TECHNOLOGY. Motion declared carried as approved unanimously under
Consent Agenda.
COMMISSION Moved by Argus, seconded by Robinson, to approve Mayoral
APPOINTMENTS/ APPOINTMENTS/REAPPOINTMENT:
REAPP'T.:
Consent
Agenda
ORDINANCE
M-30-10
1645 RIVER RD./
FLOODPLAIN
VARIATION:
Consent
Agenda
ORDINANCE
Z-19-10
CONSUMER PROTECTION COMMISSION:
Tim Hardt -Term to expire 08/30/12
YOUTH COMMISSION
Robert Neil -Term to expire 12/01/10
REAPPOINTMENT:
YOUTH COMMISSION
Mary Dankowski-Term to expire 12/01/12
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Argus, seconded by Robinson, to adopt Ordinance M-30-10, AN
ORDINANCE AUTHORIZING VARIATIONS TO SECTIONS 14-1-6 B. 2.
AND 14-1-7 B. 2. OF THE FLOOD CONTROL REGULATIONS IN THE
CITY CODE TO PERMIT THE CONSTRUCTION OF A FLOODW ALL IN
A REGULATORY FLOODPLAIN AROUND THE PERIMETER OF THE
PROPERTY AT 1645 DES PLAINES RIVER ROAD, DES PLAINES
WITHOUT PROVIDING COMPENSATORY STORAGE. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Argus, seconded by Robinson, to adopt Ordinance Z-19-10, AN
ORDINANCE GRANTING A 12 MONTH EXTENSION FOR PHASE II OF
M~t
EXT. PUD/
254LAUREL
AVE.:
Consent
Agenda
COMMISSION
REAPP'TS.:
WARRANT
REGISTER:
FINAL PUD/
2550 EAST
DEMPSTER ST.:
Page 3of6 8116110
THE CONDITIONAL USE FOR THE PRELIMINARY PLANNED UNIT
DEVELOPMENT GRANTED BY ORDINANCE Z-19-05 FOR THE
PROPERTY COMMONLY KNOWN AS 254 LAUREL A VENUE, DES
PLAINES, (Case #05-31-PUD-A). Motion declared carried as approved
unanimously under Consent Agenda.
Being presented for consideration (no action required) are the following
Mayoral Reappointments:
CONSUMER PROTECTION COMMISSION:
Mike Lake-Term to Expire 08/30/14
Mathews Abraham -Term to Expire 08/30/14
MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS
NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION -Alderman Higgason, Chair
City Attorney Wiltse answered questions from Aldermen Bogusz and
Brookman regarding the listing of legal expenses on the Warrant Register.
Moved by Haugeberg, seconded by Robinson, to recommend to the City
Council approval of the August 16, 2010 -Warrant Register, in the total
amount of $2,845,454.31; and further recommend that Resolution R-118-10 be
adopted at appropriate time this evening. Motion declared carried.
COMMUNITY DEVELOPMENT -Alderman Argus, Chair
Director of Community & Economic Development Conlan reviewed the
legislative history of the Preliminary Planned Unit Development (PUD) for the
expansion of a commercial and wholesale garden center (Lurvey's) at 2550 East
Dempster Street. On November 16, 2009, the City Council approved the
Preliminary PUD, Ordinance Z-14-09 with a vote of 6 to 2. Two changes
(although not substantive) are noted on the final PUD: (1) the size of the
building proposed has been reduced; and (2) the appearance of the building.
Director of Community & Economic Development Conlan answered questions
from the Aldermen.
Alderman Brookman stated that he will vote no believing that this is not a
compatible use and that noise is a problem.
Mr. Jim Tinaglia from Tinaglia Architects, Inc. of Arlington Heights, answered
questions from the Aldermen regarding LEED certification.
Mr. Dwayne Ulrichs from Lurvey's Garden Center answered questions from the
Aldermen.
Mr. Mark Lurvey, Owner of Lurvey's Garden Center, stated that they were
*~~
HARD SURFACE
PARKING:
COND. USE/
1108 LEE ST.:
Ordinance
Z-14-10
Page4of6 8/16/10
anxious to get started in order to be ready for spring and requested that the City
Council waive second reading of Ordinance Z-20-10 and adopt the Ordinance
tonight.
Moved by Walsten, seconded by Higgason, to recommend to the City Council
approval of the Final PUD plan with two noted changes: (1) the size of the
building proposed has been reduced; and (2) the appearance of the building for
Lurvey's Garden Center at 2550 East Dempster Street and place on First
Reading Ordinance Z-20-10. Voice Vote -Aldermen Haugeberg, Robinson,
Bogusz, Higgason, Walsten, Wilson, and Argus voted yes. Brookman voted no.
Motion declared carried.
BUILDING CODE -Alderman Haugeberg, Chair
Director of Community & Economic Development Conlan presented and
reviewed his Memorandum of August 6, 2010.
Director of Community & Economic Development Conlan answered questions
from the Aldermen.
Alderman Argus stated that she will be voting no.
Alderman Higgason stated that an ordinance is an ordinance; she will not vote
to suspend citations.
Alderman Brookman stated that the ordinance should be reconsidered; he will
support the suspension.
Alderman Wilson stated that he will vote no.
City Attorney Wiltse answered questions from the Aldermen.
Moved by Brookman, seconded by W alsten, to recommend to the City Council
suspension of enforcement of any open citations issued for the improper storage
of vehicles or recreational equipment on single-family residential lots until the
Ordinance governing the hard surface limitations of the Building code can be
amended. Aldermen Haugeberg, Robinson, Brookman and W alsten voted yes.
Aldermen Bogusz, Higgason, Wilson and Argus voted no. Motion declared
FAILED.
MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
Director of Community & Economic Development Conlan presented.
Moved by Higgason, seconded by Argus, to place on First Reading Ordinance
Z-14-10, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE
PERMIT UNDER SECTION 7.3-6 C. OF THE ZONING ORDINANCE TO
PERMIT A MONEY TRANSFER (CURRENCY EXCHANGE) BUSINESS
~rt
COND. USE/
1141 LEE ST.:
Ordinance
Z-17-10
WARRANT
REGISTER:
Resolution
R-118-10
Page 5 of 6 8/16/10
AT 1108 LEE STREET, DES PLAINES, ILLINOIS. (CASE #10-012-CU).
Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, Walsten, Wilson, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Director of Community & Economic Development Conlan presented and
answered questions from the Aldermen.
Building Inspector Ehrke answered questions from the Aldermen.
Motion by Argus, seconded by Brookman, to suspend the Rules to allow the
owner to answer questions from the Aldennen. Voice Vote -All Ayes.
Motion declared carried.
Mr. Dhitu Bhagwakar, owner of 1141 Lee Street, addressed the City Council
and answered questions from the Aldermen.
Moved by W alsten to place on First Reading Ordinance Z-17-10, AN
ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT UNDER
SECTION 7.3-6 C. OF THE ZONING ORDINANCE TO PERMIT AN AUTO
BODY REPAIR OPERATION AT 1141 LEE STREET, DES PLAINES,
ILLINOIS. (CASE #10-003-CU). Motion declared FAILED for lack of a
second.
Aldermen questioned the phasing of reconstruction m different areas and
exactly what work needed to be done.
Moved by Higgason, seconded by Haugeberg, to adopt a substitute motion to
send the application for Conditional Use and Ordinance Z-17-10 back to Staff
for further review. Voice Vote -Aldermen Haugeberg, Robinson, Bogusz,
Higgason, Brookman, Wilson and Argus voted yes. Alderman W alsten voted
no. Motion declared carried.
Moved by Higgason, seconded by Haugeberg, to concur with recommendation
of Committee of the Whole to adopt Resolution R-118-10, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE
FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE
MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO
MAKE PAYMENT FOR SAME. Total: $2,845,454.31. Upon roll call, the
vote was:
AYES:
NAYS:
ABSENT:
8-Haugeberg, Robinson, Bogusz, Higgason,
Brookman, W alsten, Wilson, Argus
0-None
0-None
Motion declared carried.
ORDINANCE
Z-20-10
FINALPUD/
2550 EAST
DEMPSTER ST.:
HARD SURFACE
PARKING
LIMITATIONS:
Page 6of6 8/16110
Moved by Argus, seconded by Robinson, to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-20-10, AN
ORDINANCE TO ALLOW A CONDITIONAL USE FOR A TWO-PHASE
FINAL PLANNED UNIT DEVELOPMENT (PUD) FOR 2550 EAST
DEMPSTER STREET, DES PLAINES, ILLINOIS. (Case #08-45-PUD).
Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Bogusz, Higgason,
W alsten, Wilson, Argus
NAYS: I-Brookman
ABSENT: 0-None
Motion declared carried.
Moved by W alsten, seconded by Robinson, to advance to Second Reading and
adopt Ordinance Z-20-10, AN ORDINANCE TO ALLOW A CONDITIONAL
USE FOR A TWO-PHASE FINAL PLANNED UNIT DEVELOPMENT
(PUD) FOR 2550 EAST DEMPSTER STREET, DES PLAINES, ILLINOIS.
(Case #08-45-PUD). Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Bogusz, Higgason,
W alsten, Argus
NAYS: 2-Brookman, Wilson
ABSENT: 0-None
Motion declared carried.
Moved by Haugeberg, seconded by Brookman, to approve suspending
enforcement of any open citations issued for the improper storage of vehicles or
recreational equipment on single-family residential lots until the Ordinance
governing the hard surface limitations of the Building code can be amended.
Upon roll call, the vote was:
AYES: 5-Haugeberg, Robinson, Brookman,
W alsten, Moylan
NAYS: 4-Bogusz, Higgason, Wilson, Argus
ABSENT: 0-None
Motion declared carried.
ADJOURNMENT: Moved by Walsten, seconded by Argus, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 9: 18 p.m.
APPROVED BY ME THIS } -ti:_