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10/20/2014MINUTES 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, OCTOBER 20, 2014 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by Mayor Bogusz at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, October 20, 2014. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Walsten, Smith and Charewicz. Alderman Brookman was absent. Also present were: City Manager Bartholomew, Director of Community & Economic Development Sakas, Senior Planner Mangum, Assistant City Manager/Director of Finance Wisniewski, Fire Chief Wax, Director of Information Technology Sora, Media Specialist Soderberg, Police Chief Kushner, Director of Public Works and Engineering Oakley and General Counsel Friedman. PRAYER AND PLEDGE: The opening prayer was given by City Clerk Ludwig, followed by the Pledge of Allegiance. CITIZEN Resident Jim Fornelli addressed the City Council asking questions about the PARTICIPATION: status of the Polo Inn as well as the property of the former car dealership on Rand Road. City Manager Bartholomew gave a status report on both properties. CONSENT Alderman Rodd requested that Items 5 and 5a be removed from the Consent AGENDA: Agenda. Motion by Rodd, seconded by Robinson, to establish the Consent Agenda except for Items 5 and 5a. Motion declared carried. Motion by Sayad, seconded by Walsten, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Resolution R-192-14 was adopted; Ordinances M-42-14 and M-44-14 were placed on First Reading and Ordinances M-38-14, M-39-14, M-40-14 and M- 41-14 were adopted. MINUTES: Moved by Sayad, seconded by Walsten, to approve Minutes of the Special Consent Meeting of the City Council held September 29, 2014, as published. Motion Agenda declared carried as approved unanimously under Consent Agenda. i Page 2 of 8 10/20/14 MINUTES: Moved by Sayad, seconded by Walsten, to approve Minutes of the Regular Consent Meeting of the City Council held October 6, 2014, as published. Motion Agenda declared carried as approved unanimously under Consent Agenda. (Cont' d) Moved by Sayad, seconded by Walsten, to approve Minutes of the Executive Session of the City Council held October 6, 2014. Motion declared carried as approved unanimously under Consent Agenda. APPROVE Moved by Sayad, seconded by Walsten, to concur with Staff recommendation ANNUAL to Approve Annual Housekeeping Amendments to Title 4, "Business HOUSEKEEPING Regulations", Chapter 18, "Schedule of Fees", Section 1 "Fee Schedule", AMENDMENTS/ "Liquor Control", to Reflect Liquor License Control Renumbering; and further CITY CODE/ recommend to place on First Reading Ordinance M-42-14, AN ORDINANCE LIQUOR LIC. AMENDING SECTION 4-18-1, "FEE SCHEDULE," OF CHAPTER 18, CONTROL: "SCHEDULE OF FEES," OF TITLE 4, `BUSINESS REGULATIONS," OF Consent THE CITY CODE. Motion declared carried as approved unanimously under Agenda Consent Agenda. Ordinance Al -42-14 AMEND CITY Alderman Rodd requested this Item be removed from Consent Agenda. CODE/ FEES/ RESIDENTIAL City Manager Bartholomew answered questions from the Aldermen. PROPERTIES - RENTALS: Moved by Walsten, seconded by Sayad, to amend Title 4, "Business Regulations", Chapter 18, "Schedule of Fees", Section 1, "Fee Schedule", Ordinance "Residential Properties Used for Rentals" to Revert to 2013 Schedule of Fees; M-43-14 and place on First Reading Ordinance M-43-14, AN ORDINANCE AMENDING CHAPTER 18, "SCHEDULE OF FEES," OF TITLE 4, "BUSINESS REGULATIONS," OF THE DES PLAINES CITY CODE REGARDING RESIDENTIAL RENTAL PROPERTY LICENSE FEES. Motion declared carried. APPROVE CLASS Moved by Sayad, seconded by Walsten, to concur with Staff recommendation M GAS STATION to approve New Class M Gas Station Sales Liquor License for Kishan Dev, Inc. LIO. LIC./ 1490 d/b/a Jay Ambe Marathon, 1490 Oakton Street; and further recommend to place OAKTON ST.: on First Reading Ordinance M-44-14, AN ORDINANCE AMENDING Consent SECTION 1, "FEE SCHEDULE," OF CHAPTER 18, "SCHEDULE OF Agenda FEES," OF TITLE 4, `BUSINESS REGULATIONS," OF THE CITY CODE TO ADD ONE CLASS M LIQUOR LICENSE. Motion declared carried as Ordinance approved unanimously under Consent Agenda. M-44-14 AWARD BID/ 2014 Moved by Sayad, seconded by Walsten, to concur with Staff recommendation CONTRACTUAL to award Bid for 2014 Contractual Sidewalk Snow Removal to All Cleaners, SIDEWALK Inc., 632 Executive Drive, Willowbrook, Illinois 60527 in the amount of SNOW $95,000 (Budgeted Funds — TIF 1/City Maintenance); and further recommend V- Page 3 of 8 10/20/14 REMOVAL: to adopt Resolution R-192-14, A RESOLUTION APPROVING AN Consent AGREEMENT WITH ALL CLEANERS, INC., FOR SIDEWALK SNOW Agenda REMOVAL WORK. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-192-14 ORDINANCE M-38-14 APPROVE AMENDED TAX INCREMENT REDEV. PLAN/PROJECT/ HIGGINS/ MANNHEIM RD. REDEV. PROJECT AREA: Consent Agenda ORDINANCE M-39-14 APPROVE TAX INCREMENT REDEV. PLAN/ PROJECT/ HIGGINS RD./ PRATT AVE. REDEV. PROJECT AREA (TIF #7): Consent Agenda ORDINANCE M-40-14 APPROVE HIGGINS RD./ PRATT AVE. REDEV. PROJECT AREA PURSUANT TO TAX INCREMENT ALLOCATION REDEV.AREA (TIF #7): Consent Agenda Moved by Sayad, seconded by Walsten, to adopt Ordinance M-38-14, AN ORDINANCE APPROVING AS AMENDED TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT FOR THE HIGGINS ROAD/MANNHEIM ROAD REDEVELOPMENT PROJECT AREA. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Walsten, to adopt Ordinance M-39-14, adopt Resolution R-135-14, AN ORDINANCE APPROVING A TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT FOR THE HIGGINS ROAD AND PRATT AVENUE REDEVELOPMENT PROJECT AREA. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Walsten, to adopt Ordinance M-40-14, AN ORDINANCE DESIGNATING THE HIGGINS ROAD AND PRATT AVENUE REDEVELOPMENT PROJECT AREA PURSUANT TO THE TAX INCREMENT ALLOCATION REDEVELOPMENT ACT. Motion declared carried as approved unanimously under Consent Agenda. Page 4 of 8 10/20/14 ORDINANCE Moved by Sayad, seconded by Walsten, to adopt Ordinance M-41-14, AN M-41-14 ORDINANCE ADOPTING TAX INCREMENT ALLOCATION FINANCING ADOPT TAX FOR THE HIGGINS ROAD AND PRATT AVENUE REDEVELOPMENT INCREMENT PROJECT AREA. Motion declared carried as approved unanimously under ALLOCATION Consent Agenda. FINANCING/ HIGGINS RD./ PRATT AVE. REDEV. PROJECT AREA IF #7): Consent Agenda MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Sayad, Chair WARRANT Alderman Sayad provided a list of invoices submitted by Holland & Knight in REGISTER: the total amount of $25,282.50 from the Warrant Register of October 20, 2014 and did not agree with paying these invoices because he feels the costs are too high to the residents. The list is as follows: Page # Line # $ Amount 4 36 1,472.00 40 18, 500.00 42 595.00 44 120.00 45 105.00 46 168.00 6 98 517.00 20 457 144.00 21 490 3,661.5 Total 9Items 25,282.50 Director of Finance Wisniewski answered questions from the Aldermen. Following discussion, Alderman Smith recused himself from approving the list of invoices from Holland & Knight due to a conflict of interest (a professional relationship with one of the attorneys). Moved by Hau eberg, seconded by Rodd, to recommend to the City Council approval of the October 20, 2014 — Warrant Register, in the total amount of $5,698,340.06; and further recommend that Resolution R-194-14 be adopted at Page 5 of 8 10/20/14 appropriate time this evening. Motion declared carried. WARRANT Alderman Sayad agreed with payment of the items on the Warrant Register of REGISTER: October 20, 2014, with the exception of the invoices from Holland & Knight in (Cont'd) the total amount of $25,282.50 and Alderman Smith recused himself from approving the invoices from Holland & Knight due to a conflict of interest (a professional relationship with one of the attorneys). COMMUNITY DEVELOPMENT — Alderman Walsten, Chair GOND. USE/ Senior Planner Mangum reviewed his Memorandum dated October 1, 2014 for EXPAND a Conditional Use Permit for the expansion of parking at a Place of Worship, PARKING/ 480 480 Potter Road (Case #14 -054 -CU). Petitioner Fazal Mahmood is requesting a POTTER RD.: modification on behalf of the Islamic Community Center of Des Plaines to approve a Conditional Use Permit under Section 7.2-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the expansion of parking areas at an existing Place of Worship in the R-1 District. Senior Planner Mangum answered questions from the Aldermen. Attorney Weiss and Fire Chief Wax answered questions from the Aldermen. Resident John Milstead addressed the Committee of the Whole commending the Mosque for trying to solve the parking problem; what has been presented will not work. Resident Pamela Warford addressed the Committee of the Whole requested occupancy information and referred to a staff report from June, 2010 regarding the request to expand parking at that time. Resident Ahmed Rehob addressed the Committee of the Whole stating that comments made at previous Zoning meetings are being repeated at this meeting; what is the solution? Mr. Ghulam Farooqie addressed the Committee of the Whole stating that when the community started it was not this big; they tried to build as much as they could for the future. Mr. Hamed Mohammed addressed the Committee of the Whole giving statistics about the number of cars being parked at the Mosque and in the area; they have approached institutions in the area to provide parking during Friday prayers; they are in the process of buying another lot; they are in the process of analyzing the drainage system. Resident Dan Ryan addressed the Committee of the Whole stating that what is being proposed is a stop gap measure, not a permanent fix; other shared parking options should be investigated; they need to find ways to a long-term solution. Moved by Charewicz, seconded by Sayad, to DEFER this Item to the November 3, 2014 City Council meeting. Motion declared carried. There were 1 Page 6 of 8 10/20/14 no objections. MAJOR Senior Planner Mangum reviewed his Memorandum dated October 1, 2014 VARIATION/ 1425 regarding consideration of a Variance Request for 1425 Forest Avenue (Case FOREST AVE.: #14-057-V). Petitioners Nancy and Manfred Booge are requesting a Major Variation to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow an addition to create an approximately 748 square foot accessory structure (garage) where a maximum 720 square feet is allowed for a detached accessory structure in the R-1 Zoning District. The Zoning Board of Appeals recommended (4-3) that the City Council approve the variation for the size of an accessory structure. Moved by Robinson, seconded by Haugeberg, to recommend to the City Council approval of a Major Variation for an accessory structure at 1425 Forest Avenue. Motion declared carried. COND. USE Senior Planner Mangum reviewed his Memorandum dated October 1, 2014 for PERMIT/ CHILD a Conditional Use Permit for a Child Care Center, 1345 Golf Road/16 Mary CARE CENTER/ Street (Case #14 -060 -CU). Petitioner Amy Fehrmann is requesting a 16 MARY ST.: Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to establish a Child Care Center in the C-3 Zoning District. Moved by Charewicz, seconded by Smith, to recommend to the City Council approval of a Conditional Use Permit for a Child Care Center at 1345/16 Mary Street. Motion declared carried. Director of Community & Economic Development Sakas reviewed his APPLICATION/ Memorandums of October 10, 2014 and October 15, 2014 regarding a Class 6b 901 WEST Resolution request by Space Center Air Cargo, Inc. for 901 West Oakton Street. OAKTON ST.: Staff recommends that the City Council adopt the revised Resolution R-189-14 in support and consent to the filing of Space Cargo's Class 6b application to the Cook County Assessor's Office. Moved by Walsten, seconded by Robinson, to recommend to the City Council approval in support and consent to the filing of Space Cargo's Class 6b application to the Cook County Assessor's Office and adopt revised Resolution R-189-14. Motion declared carried. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. UNFINISHED BUSINESS: DISPOSAL/ This item was deferred from the October 6, 2014 Council meeting when staff RECYCLING/ requested authorization for Disposal/Recycling of Obsolete Technology ���4 Page 7 of 8 10/20/14 OBSOLETE Equipment at no cost to the City by ARCOA Group, 345 Lakewood Avenue, TECH. EQUIP.: Waukegan, Illinois 60085. Ordinance At the request of Alderman Walsten and due to Alderman Brookman's absence, NI -34-14 this item was deferred to the next Regular Council meeting of November 3, 2014. There were no objections. ORDINANCE Moved by Charewicz, seconded by Rodd, to adopt Ordinance Z-23-14, AN Z-23-14 ORDINANCE AMENDING THE TEXT OF THE CITY ZONING CITYWIDE TEXT ORDINANCE REGARDING NOISE AND THE DEFINITION OF "NIGHT AMENDMENT/ CLUB". Upon roll call, the vote was: NOISE REG'S./ AYES: 6-Haugeberg, Rodd, Sayad, NIGHT CLUB Walsten, Smith, Charewicz DEFINITION: NAYS: 1 -Robinson ABSENT: I -Brookman Motion declared carried. NEW BUSINESS: WARRANT Moved by Snad, seconded by Hau eberg, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R-194-14, 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-194-14 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $5,698,340.06. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. Alderman Sayad agreed with payment of the items on the Warrant Register of October 20, 2014, with the exception of the invoices from Holland & Knight in the total amount of $25,282.50. Alderman Smith abstained from approving the invoices from Holland & Knight due to a conflict of interest. MAJOR Moved by Walsten, seconded by Smith, to concur with recommendation of VARIATION/ 1425 Committee of the Whole to place on First Reading Ordinance Z-25-14, AN FOREST AVE.: ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 8.1- 3.E OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT Ordinance A 748 SQUARE FOOT ACCESSORY STRUCTURE AT 1425 FOREST Z-25-14 AVENUE, DES PLAINES, ILLINOIS. (CASE #14-057-V). Motion declared carried. ORDINANCE Moved by Robinson, seconded by Walsten, to place on Second Reading and Z-25-14 adopt Ordinance Z-25-14, AN ORDINANCE APPROVING A MAJOR MAJOR VARIATION FROM SECTION 8.1-3.E OF THE CITY OF DES PLAINES VARIATION/ 1425 ZONING ORDINANCE TO PERMIT A 748 SQUARE FOOT ACCESSORY Page 8 of 8 10/20/14 FOREST AVE.: STRUCTURE AT 1425 FOREST AVENUE, DES PLAINES, ILLINOIS. (CASE #14-057-V). Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. COND. USE Moved by Walsten, seconded by Charewicz, to concur with recommendation of PERMIT/ 16 Committee of the Whole to place on First Reading Ordinance Z-26-14, AN MARY ST.: ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A CHILD CARE CENTER IN THE C-3 ZONING Ordinance DISTRICT AT 1345 GOLF ROAD/16 MARY STREET, DES PLAINES, Z-26-14 ILLINOIS. (CASE #14 -060 -CU). Motion declared carried. ORDINANCE Moved by Charewicz, seconded by Walsten, to place on Second Reading and Z-26-14 adopt Ordinance Z-26-14, AN ORDINANCE GRANTING A CONDITIONAL GOND. USE USE PERMIT FOR THE OPERATION OF A CHILD CARE CENTER IN PERMIT/ 16 THE C-3 ZONING DISTRICT AT 1345 GOLF ROAD/16 MARY STREET, MARY ST.: DES PLAINES, ILLINOIS. (CASE #14 -060 -CU). Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. 6(b) APPL./ 901 Moved by Walsten, seconded by Sayad, to concur with recommendation of WEST OAKTON Committee of the Whole to adopt Resolution R-189-14, A RESOLUTION ST.: SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b CLASSIFICATION FOR THE PROPERTY LOCATED AT 901 WEST Resolution OAKTON STREET. Motion declared carried. R-189-14 ADJOURNMENT: Moved by Walsten, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:56 p.m. G oria J. Ludwig —CITY CLE APPROVE BY ME HIS �'� DAY OF 201�) Matthew J.