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08/07/2017CALL TO ORDER: 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 7, 2017 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 7:01 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 7, 2017. ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Public Works and Engineering Oakley, Director of Community and Economic Development McMahon, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman. PRAYER AND PLEDGE: CITIZEN PARTICIPATION: CONSENT AGENDA: APPROVE LEASE AGMT./NEW CINGULAR WIRELESS/ 1850 MINER ST: Consent The prayer was given by City Clerk Tsalapatanis, followed by the Pledge of Allegiance to the Flag of the United States of America. Resident Wayne Serbin suggested the City Council Members hold a once a month Coffee with the City Council meeting. Resident Stan Zimmerman suggested the City Council communicate the expenditures of funds through articles in the newsletter. Moved by Brookman, seconded by Rodd, to establish the Consent Agenda. Motion declared carried. Moved by Sayad, seconded by Chester, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -Smith Motion declared carried. Minutes were approved; Staff recommendation and requests were approved; Ordinance M-17-17; Resolutions R-135-17, R-136-17 were adopted. Moved by Sayad, seconded by Chester, to concur with Staff recommendation to approve Lease Agreement with New Cingular Wireless PCS, LLC, 575 Morosgo Drive, Suite 13-F West Tower, Atlanta, GA 30324; and further recommend to adopt Resolution R-135-17, A RESOLUTION APPROVING A LEASE AGREEMENT WITH NEW CINGULAR WIRELESS SERVICES PCS, LLC FOR THE INSTALLATION, MAINTENANCE, AND OPERATION OF WIRELESS COMMUNICATION EQUIPMENT AT Agenda (Cont.) Resolution R-135-17 AUTHOIZE EXPENDITURE/ 1994 BIG BEND DRIVE: Consent Agenda Resolution R-136-17 APPROVE POSITION RECLAS IN CED DEPT.: Consent Agenda Ordinance M-17-17 ADVERTISE BID/ SIDEWALK SNOW REMOVAL: Consent Agenda ADVERTISE BID/FEMA GRANT 1935 AND 4116 DEMO CONTRACT PROJECT: Consent Agenda ADVERTISE BID/MAPLE STREET PUMPING STATION IMPROVEMI NTS: Page 2 of 9 8/07/17 1850 MINER STREET. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to concur with Staff recommendation to authorize the Expenditure of Funds for Acquisition of 1994 Big Bend Drive through a Foreclosure Auction in the Not -to -Exceed Amount of $309,500 in Accordance with FEMA Hazard Mitigation Grant 4116 Requirements; and further recommend to adopt Resolution R-136-17, A RESOLUTION AUTHORIZING THE PURCHASE OF THE PROPERTY LOCATED AT 1994 BIG BEND DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to concur with Staff recommendation to approve Position Reclassification in the Community & Economic Development Department; and further recommend to adopt Ordinance M-17-17, AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 1 OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to concur with Staff recommendation to advertise for Bid the Contractual Sidewalk Snow Removal Contract. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to concur with Staff recommendation to advertise for Bid the FEMA Hazard Mitigation Grant 1935 and 4116 Demolition Contract Project. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to concur with Staff recommendation to advertise for Bid the Maple Street Pumping Station Improvements Project. Motion declared carried as approved unanimously under Consent Agenda. (Cont.) Consent Agenda APPROVE MINUTES: Consent Agenda DISCUSSION REGARDING THE KEEPING OF CHICKENS: Page 3 of 9 8/07/17 Moved by Sayad, seconded by Chester, to approve Minutes of the Regular Meeting of the City Council of July 17, 2017, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to approve Minutes of the Closed Session Meeting of the City Council of July 17, 2017. Motion declared carried as approved unanimously under Consent Agenda. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL_ WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE BUILDING CODE — Alderman Robinson, Chair Without objection, Alderman Robinson first presented for discussion the Keeping of Chickens. Community and Economic Development Director Mike McMahon reviewed a memorandum dated July 18, 2017. The keeping of chickens as a household pet is currently prohibited by the municipal code and is declared to be a nuisance to raise, maintain or have upon any property chickens, ducks, geese, guinea hens, pigeons or other similar fowl; provided, however, that it is not unlawful to keep, for educational purposes, up to six (6) chicken hens on any property located within the city that is greater than fifteen (15) acres and is listed on the national register of historic places. Chicken regulations from communities allowing chickens were presented with the memorandum. Alderman Robinson explained since the Methodist Campground was allowed to have chickens 18 months ago for educational purposes there has been an interest from residents to raise chickens on their property. Alderman Robinson invited audience participation. Two chicken experts were invited to the meeting to speak and answered questions regarding the potential problems of raising chickens and the potential spread of bacteria. Numerous residents spoke in favor of allowing chickens in the city citing various reasons that include: healthier eggs, educational for children and that they make good pets. A petition with 290 signatures of people in support of allowing chickens was presented. Residents against the keeping of chickens were primarily concerned about noise, disease, and irresponsible owners. (Cont.) WARRANT REGISTER: CONDITIONAL USE AND VARIATION/ 1017 GRACELAND: Page 4 of 9 8/07/17 Discussion was held. The consensus was that more information is needed. Moved by Rodd, seconded by Smith to continue discussion on Keeping of Chickens in the future. Hand vote indicated, the vote was: AYES: 6-Lysakowski, Robinson, Rodd, Brookman, Smith NAYS: 2-Sayad, Charewicz Motion carried. FINANCE & ADMINISTRATION — Alderman Charewicz, Chair Alderman Charewicz presented the Warrant Register. Police Chief Kushner clarified expenditures pertaining to the purchase of a second K-9 dog. Moved by Rodd, seconded by Brookman, to recommend to the City Council approval of the August 7, 2017 — Warrant Register in the Amount of $5,327,913.07; and further recommend that Resolution R-137-17 be adopted at appropriate time this evening. *Alderman Sayad recommended approval of the items on the warrant register excluding all Holland & Knight invoices because he feels that the city can do better with an in-house attorney and save money. Alderman Sayad requested a Request for Proposal (RFP) be conducted for Legal Services. Motion declared carried. COMMUNITY DEVELOPMENT — Aldennan Sayad, Chair Alderman Sayad presented for Consideration a Conditional Use Permit for a Trade Contractors Establishment and Variation for Interior Parking Lot Landscaping at 1017 Graceland for discussion. Community and Economic Development Director McMahon explained, the petitioners, Edward and Arcelia Nevarez, have requested a Conditional Use Permit for a Trade Contractors Establishment and an interior parking lot landscaping variation to operate Alfredo's Landscaping Inc. at 1017 Graceland Avenue. The company has been in business for 18 years and services offered include: lawn maintenance, hardscape (patios, driveways), and flatwork (concrete). The petitioners have identified that in the winter, they also offer snow removal services; however, snow plows are not proposed to be kept on site. The business has eight employees and is open 7:00 AM to 4:00 PM Monday through Friday. As part of the proposed Conditional Use, the petitioners plan to improve the site with the addition of a paved parking lot with 16 parking spaces, which is the minimum amount required per the Zoning Ordinance for the use. The parking spaces will be big enough to accommodate the largest trucks used by the business. No interior parking lot landscaping is proposed for the new parking lot, prompting the variation to allow for 0% interior parking lot landscaping, when 5% is required. The petitioners propose to install an 8 -foot chain link fence with screen netting along the east, west and south property Page 5 of 9 8/07/17 lines and will also provide additional landscape screening in these areas. A request to waive the traffic study requirement was granted after review by staff based of the proposed site plan and size of the operation. The Planning and Zoning Board recommended (5-0) that the City Council approve the Conditional Use permit and variation for a Trade Contractors Establishment in the C-3 General Commercial District, subject to conditions. Staff recommended approval of the Conditional Use Permit for a Trade Contractors Establishment, based on review of the information presented by the applicant and the findings, subject to the conditions listed below. The petitioner proposes to make significant improvements to site, including the installation of a chair link fence and landscaping. Additionally, staff recommend approval of the Major Variation to allow 0% interior parking lot landscaping, instead of not less than 5% interior parking lot landscaping, in the C-3 General Commercial District. The addition of interior parking lot landscaping would result in a loss of parking spaces, which are required per code. Additionally, the petitioners have proposed landscape screening for the perimeter of site. Alderman Robinson conveyed the objections he received from some residents of the ward. There are residential homes across the street and one residential home to the north of the property. Mrs. Nevarez and Dan Dowd, on behalf of the petitioners, answered questions from the Aldermen. Discussion was held. Moved by Smith, seconded by Charewicz, to recommend to the City Council approval of the Conditional Use Permit and Variation for 1017 Graceland at the appropriate time this evening. Substitute motion was moved by Robinson, seconded by Brookman to dent, the Conditional Use Permit and Variation for 1017 Graceland at the appropriate time this evening. By show of hands, the vote was: AYES: 4-Lysakowski, Robinson, Brookman, Chester NAYS: 4 -Rodd, Sayad, Smith, Charewicz Motion failed. Moved by Smith, seconded by Charewicz, to recommend to the City Council approval of the Conditional Use Permit and Variation for 1017 Graceland at the appropriate time this evening. By show of hands, the vote was: AYES: 4 -Rodd, Sayad, Smith, Charewicz NAYS: 4-Lysakowski, Robinson, Brookman, Chester Motion failed. CONDITIONAL USE/200 W JARVIS AVENUE: CLASS 6B/ DCT WOLF ROAD. LLC/ 2392 WOLF ROAD: Page 6 of 9 8/07/17 Community and Economic Development Director McMahon reviewed a memorandum dated July 25, 2017. Connie Sylvester of Ozinga, has requested a Conditional Use Pennit for a Localized Alternative Sign Regulation in order to install one wall sign totaling 343 square feet in area, when 125 square feet is permitted, at 200 W. Jarvis Avenue. Ozinga, the owner and user of the site, is nearing completion of a modernization of their concrete facility on the 5.10 acre site. The petitioner proposes to install one wall sign on the south facade of the facility that totals 343 square feet in area. The City Council has the authority to approve sign variations; however, no variation may be granted which increases any dimension (height, length, width or area) to an amount over fifty percent (50%) of the corresponding dimensions normally permitted, which in this case would be 187.5 square feet. As a result, the petitioner is requesting a Localized Alternative Sign Regulation (a Conditional Use) to allow the wall sign to total 343 square feet in area. The Planning and Zoning Board recommended (5-0) that the City Council approve the Conditional Use Permit under Section 12-11-8 of the 1998 City of Des Plaines Zoning Ordinance, as amended, for a Localized Alternative Sign Regulation to allow for 343 square feet of wall signage, instead of not more than 125 square feet, in the M-2 General Manufacturing District. Staff recommended approval of the Conditional Use Permit for a Localized Alternative Sign Regulation in order to install one wall sign totaling 343 square feet in area, instead of not more than 125 square feet, based on a review of the information presented by the applicant and the findings made above, as specified in Section 12-3-4(E) (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance. The size of the site and operation, as well as the location of the facility (surrounded by the M-2 General Manufacturing District), warrants a larger wall sign than allowed per the Zoning Ordinance. Mr. Greg Vandervelde on behalf of Ozinga answered questions from the Aldermen. Discussion was held. Moved by Charewicz, seconded by Brookman to recommend to the City Council approval of the Conditional Use Permit for a Localized Alternative Sign Regulation at 200 W. Jarvis at the appropriate time this evening. Motion declared carried. Alderman Sayad presented for Consideration an application for a Class 6b Tax Incentive application from DCT Wolf Road, LLC, 2392 Wolf Road. Community and Economic Development Director McMahon reviewed a memorandum dated March 15, 2017. The subject property consists of a 53 year (Cont.) UNFINISHED BUSINESS: SECOND READING ORDINANCE M-16-17/ INCREASE NUMBER OF GARAGE SALES: Page 7 of 9 8/07/17 old 84,730 square foot building on an approximately 3.65 acre site. Formerly occupied by Georgia-Pacific, the site has been fully vacant since July 2010. The building and site are functionally obsolete and suffering from significant deterioration. Due to the current condition of the property, the owner is unable to obtain a tenant for the building and must invest a substantial amount of capital to revitalize the property. If the 6b is approved, the owner plans to make an initial capital investment of $630,000 to bring the property to a marketable status. Planned initial improvements include six new dock levelers, new plumbing, new HVAC, and new LED and fluorescent lighting, and new paint throughout. In addition, once a tenant is secured, additional capital will be invested for tenant improvements. Cook County's Class 6b economic development tool is intended to encourage industrial investment by offering a real estate tax incentive that lowers property taxes to ensure that Cook remain competitive with neighboring DuPage County property tax rates. A Class 6b incentive requires a resolution of consent from municipalities. Qualified industrial properties are assessed at 10% of market value for the first 10 years, 15% in the 11 th year and 20% in the 12th year. Normally such properties are assessed at 25% of market value. Staff recommended approval of the requested Class 6b Tax Incentive Resolution of Support subject to the following condition: The Applicant has secured a tenant for the Subject Property and provided evidence to the City, in the form of a valid and effective lease that such tenancy will commence on a date no later than two years after the adoption of this resolution. Moved by Brookman, seconded by Chester to recommend to the City Council approval of the Class 6b Tax Incentive application Resolution at the appropriate time this evening. Motion declared carried. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION Moved by Sayad, seconded by Brookman, to adopt Ordinance M-16-17, APPROVE INCREASE IN NUMBER OF GARAGE (OCCASIONAL) SALES FROM 2 TO 3 ON AN ANNUAL BASIS. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS: 1 -Smith ABSENT: 0 -None Motion declared carried. MOU/MIDWEST GAMING/ DES PLAINES THEATRE: Resolution R-101-17 NEW BUSINESS: WARRANT REGISTER: Resolution R-137-17 APPROVE CONDITIONAL USE AND MAJOR VARIATION/1017 GRACELAND: Ordinance Z-19-17 APPROVE ALTERNATIVE SIGN REGULATION/ CONDITIONAL USE/200 W JARVIS AVENUE: Page 8 of 9 8/07/17 Moved by Charewicz, seconded by Brookman, to adopt Resolution R-101-17, A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DES PLAINES AND MIDWEST GAMING & ENTERTAINMENT, LLC REGARDING ACQUISITION AND RENOVATION OF THE DES PLAINES THEATRE. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Charewicz, seconded by Robinson, to concur with recommendation of Committee of the Whole to adopt Resolution R-137-17, 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: $5,327,913.07. *Alderman Sayad votes yes on the items on the warrant register excluding all Holland & Knight invoices because he feels that the city can do better with an in-house attorney and save money. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, *Sayad, Brookman, Chester, Charewicz NAYS: 0 -None ABSENT: 0 -Smith Motion declared carried. Moved by Charewicz, seconded by Smith, to concur with recommendation of Committee of the Whole to adopt Ordinance Z-19-17, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND MAJOR VARIATION FOR THE OPERATION OF A TRADE CONTRACTORS ESTABLISHMENT WITH NO INTERIOR PARKING LOT LANDSCAPING AT 1017 GRACELAND AVENUE, DES PLAINES, ILLINOIS (CASE #17 -051 -CU -V). Upon roll call, the vote was: AYES: 4 -Rodd, Sayad, Smith, Charewicz NAYS: 5-Lysakowski, Robinson, Brookman Chester, Bogusz ABSENT: 0 -None Motion failed. Moved by Sayad, seconded Chester, with recommendation of Committee of the Whole to adopt Ordinance Z-19-17, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND MAJOR VARIATION FOR THE OPERATION OF A TRADE CONTRACTORS ESTABLISHMENT WITH NO INTERIOR PARKING LOT LANDSCAPING AT 1017 GRACELAND AVENUE, DES PLAINES, ILLINOIS (CASE #17 -05I -CU -V). Upon roll call, the vote was: (Cont.) Ordinance Z-20-17 APPROVE CLASS 6B CLASSIFICATION /2392 WOLF ROAD: Resolution R-138-17 Page 9 of 9 8/07/17 AYES: 8-Lysakowski, Robinson. Rodd. Sayad Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Sayad, seconded by Rodd, to advance to Second Reading and adopt Ordinance Z-19-17, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND MAJOR VARIATION FOR THE OPERATION OF A TRADE CONTRACTORS ESTABLISHMENT WITH NO INTERIOR PARKING LOT LANDSCAPING AT 1017 GRACELAND AVENUE, DES PLAINES, ILLINOIS (CASE #17 -051 -CU -V). Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-138-17, A RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 2392 WOLF ROAD, DES PLAINES, ILLINOIS. Motion declared carried. ADJOURNMENT: Moved by Sayad, seconded by Brookman, to adjourn the meeting. Motion declared carried. The meeting adjourned at 9:49 p.m. Jenr\ife Tsa apatanis — CITY CLER APPROVED BY ME THIS a1st