11/06/2017MINUTES 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,
NOVEMBER 6, 2017
CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was
ORDER: called to order by City Clerk Tsalapatanis at 6:30 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on Monday,
November 6, 2017.
ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd,
Sayad, Brookman, Chester, Smith and Charewicz.
CLOSED Moved by Brookman, seconded by Chester, to enter into Closed Session to discuss
SESSION: Collective Bargaining, Imminent Litigation and Pending Litigation. 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.
The City Council recessed at 6:31 p.m.
The City Council reconvened at 7:11 p.m.
Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd,
Sayad, Brookman, Chester, Smith, 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 The prayer was given by Pastor Daryl York of Brentwood Baptist Church,
PLEDGE: followed by the Pledge of Allegiance to the Flag of the United States of America.
CITIZEN Resident Wayne Serbin suggested pedestrian crosswalks state it is a State Law to
PARTICIPATION: yield to pedestrians.
Daniel Mack, a Maine West Student, expressed his concern for the negative impact
water bottles have on the environment and suggested consumers use a reusable
water bottle.
Ms. Joanna Brunetti, owner of Giuseppe's Restaurant expressed her discontent
with the construction that is blocking the entrance to the restaurant. Ms. Brunetti
requested assistance and guidance from City Officials. Director of Public Work
& Engineering Oakley will work with Ms. Brunetti to keep her updated on the
status of the construction.
Page 2 of 15 11/06/17
Greg Claus of Congressman Schneider's office provided information that staff will
be at the Des Plaines Library Tuesday, November 14 from 9:30 to 11:30 am to
assist with questions about senior services, consumer protection and fraud, Cook
County property taxes, veterans' benefits, and other state services and benefits,
UCSIS, Medicare, Social Security, Veterans Affairs, and the IRS.
Resident John Magg suggested that the City assist Des Plaines consumers with
retail complaints and expressed his concern regarding flood control.
Abby Svoboda from the Muscular Dystrophy Association provided a plaque to the
Fire Department and expressed her appreciation for the $9,795 raised for MDA.
CITY CLERK The Frisbie Senior Center is holding a Thanksgiving Luncheon on November 16,
ANNOUNCEMENTS 12:OOpm. Tickets are $7/members, $9 non-members and must be purchased by
November 10, 2017.
CONSENT
AGENDA:
Moved by Brookman, seconded by Chester, to establish the Consent Agenda.
Motion declared carried.
Moved by Brookman, seconded by Chester, to approve the Consent Agenda. Upon
roll call, the vote was:
AYES: 7-Lysakowski, Robinson, Rodd,
Brookman, Chester, Smith, Charewicz
NAYS: 1-Sayad
ABSENT: 0 -None
Motion declared carried.
Minutes were approved; Liquor License change; Resolutions R-165-17, R-168-17,
R-171-17, R-172-17, R-173-17 were adopted.
APPROVE Moved by Brookman, seconded by Chester, to concur with Staff recommendation
RENEWAL to Approve Renewal of Lobbyist Services Contract with Alfred G. Ronan, Ltd.,
CONTRACT/ 328 S. Oak Park Avenue, Oak Park, Illinois from December 1, 2017 through
LOBBYIST November 30, 2018 in the Amount of $5,000.00 per month. Budgeted Funds —
SERVICES/ Legislative/Professional Services; and further recommend to adopt Resolution
ALFRED G. R-171-17, A RESOLUTION APPROVING AN AGREEMENT WITH ALFRED
RONAN LTD.: G. RONAN, LTD., FOR INTERGOVERNMENTAL AND LEGISLATIVE
Consent ADVOCACY SERVICES. Motion declared carried as approved under Consent
Agenda Agenda.
Resolution
R-171-17
APPROVE BID Moved by Brookman, seconded by Chester, to concur with Staff recommendation
AWARD/STATE to Accept Rock Salt Bid Award through the State of Illinois CMS 2017-2018 Rock
OF ILLINOIS/ Salt Procurement Contract PSD 4018446, at a Cost of $43.48 per Ton Not -to -
ROCK SALT: Exceed $350,000 Payable to Compass Minerals America, Inc., 9900 West 109th
Consent Street, Overland Park, KS. Budgeted Funds — MFT/Commodities/Ice Control; and
Agenda further recommend to adopt Resolution R-168-17, A RESOLUTION
AUTHORIZING THE PROCUREMENT OF ROCK SALT FROM COMPASS
(Cont.)
Resolution
R-168-17
REJECT
BIDS/MAPLE
STREET
PUMPING
STATION:
Consent
Agenda
Resolution
R-165-17
APPROVE
RELEASE OF
CERTAIN
CLOSED
SESSION
MINUTES:
Consent
Agenda
Resolution
R-172-17
APPROVE TASK
ORDER 3/
TOPOGRAPHIC
SURVEY/
HAEGER ENG:
Consent
Agenda
Resolution
R-173-17
SECOND
READING/ORD
Z-23-17/ AMEND
TEXT ROOF
SIGNS:
Ordinance
Z-23-17
Page 3 of 15 11/06/17
MINERALS AMERICA, INC. Motion declared carried as approved under
Consent Agenda.
Moved by Brookman, seconded by Chester, to concur with Staff recommendation
to Reject All Bids for the Maple Street Pumping Station Disinfection
Improvements Project and Rebid Project at a Later Date; and further recommend
to adopt Resolution R-165-17, A RESOLUTION REJECTING ALL BIDS FOR
THE MAPLE STREET PUMPING STATION IMPROVEMENTS. Motion
declared carried as approved under Consent Agenda.
Moved by Brookman, seconded by Chester, to concur with Staff recommendation
to Approve Release of Certain Minutes of Certain Closed Meetings of the City
Council; and further recommend to adopt Resolution R-172-17, A Resolution
Releasing Certain Minutes of Certain Closed Meetings of the City Council.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Chester, to concur with Staff recommendation
to Approve Task Order No. 3 Under the Master Contract for the Procurement of
2018 Topographic Survey and Drafting Services from Haeger Engineering,
100 E. State Parkway, Schaumburg, IL in the Amount Not -to -Exceed $29,664.69.
Budgeted Funds — Capital Projects; and further recommend to adopt Resolution
R-173-17, A RESOLUTION APPROVING TASK ORDER NO. 3 WITH
HAEGER ENGINEERING, LLC FOR TOPOGRAPHIC SURVEYING AND
DRAFTING SERVICES. Motion declared carried as approved under Consent
Agenda.
Alderman Smith requested this item be pulled from the Consent Agenda.
Moved by Charewicz, seconded by Chester, to Approve An Ordinance Amending
the Text of the Zoning Code Regarding Painted Roof Signs, As Amended with
Permit Requirements as Directed by City Council at the October 16, 2017. Upon
roll call the vote was:
AYES: 7-Lysakowski, Robinson, Rodd, Sayad
Brookman, Chester, Charewicz
NAYS: 1 -Smith
ABSENT: 0 -None
Motion declared carried.
APPROVE NEW
OWNERSHIP/
CLASS G LIQUOR
LICENSE/1730
ELMHURST
ROAD:
Consent
Agenda
APPROVE
MINUTES:
Consent
Agenda
APPROVE
MINUTES:
Consent
Agenda
APPROVE
MINUTES:
Consent
Agenda
APPROVE
MINUTES:
Consent
Agenda
WARRANT
REGISTER:
Page 4 of 15 11/06/17
Moved by Brookman, seconded by Chester, to Approve New Ownership for
Existing Class G Liquor License for Jalili Ltd., 1730 Elmhurst Road d/b/a/ Floryan
Banquets Co. Motion declared carried as approved under Consent Agenda.
Moved by Brookman, seconded by Chester to approve Minutes of the Special
Meeting Minutes of the City Council of October 11, 2017, as published. Motion
declared carried as approved under Consent Agenda.
Moved by Brookman, seconded by Chester to approve Minutes of the Regular
Meeting of the City Council of October 16, 2017, as published. Motion declared
carried as approved under Consent Agenda.
Moved by Brookman, seconded by Chester to approve Minutes of the Special
Meeting of the City Council of October 18, 2017, as published. Motion declared
carried as approved under Consent Agenda.
Moved by Brookman, seconded by Chester to approve Minutes of the Closed
Session Meeting of the City Council of October 16, 2017, as published. Motion
declared carried as approved under Consent Agenda.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION — Alderman Charewicz, Chair
Alderman Charewicz presented the Warrant Register for consideration.
Moved by Rodd, seconded by Brookman, to recommend to the City Council
approval of the November 16, 2017 — Warrant Register in the Amount of
$6,828,191.11; and further recommend that Resolution R-175-17 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 save money and requested a Request for Proposal (RFP) be
conducted for Legal Services. Motion declared carried.
PUBLIC
HEARING:
Page 5 of 15 11/06/17
COMMUNITY DEVELOPMENT — Alderman Sayad, Chair
Annexation and Development Agreement Resolution Public Hearing
Alderman Sayad explained the Public Hearing this evening is to Consider a Draft
Annexation and Development Agreement between the City of Des Plaines and
Dubin Holdings, Inc. (225, 300, 301, 304, 310 & 330 N. East River Road).
Community and Economic Development Director McMahon reviewed a
memorandum dated October 24, 2017.
The petitioner, David Dubin of Dubin Consulting, Inc., proposed to construct a
new residential subdivision consisting of 39 single-family detached homes on
6.584 acres of unincorporated parcels of land. The petitioner proposed the
subdivision be developed as a Planned Unit Development (PUD) and zoned R-1
Single -Family Residential upon annexation.
The annexation consists of nine parcels in unincorporated Maine Township to be
annexed by the City of Des Plaines. The petitioner is the contract purchaser of
seven of these parcels, located on the west side of N. East River Road that will be
developed as part of the new residential development (Development Property).
The two remaining parcels are contiguous (Contiguous Parcels) to the City of
Des Plaines on the east side of N. East River Road and would create legal
contiguity between the Development Property; they will not be included as part of
the PUD.
The Contiguous Property Owners and the City desire to enter into a binding
annexation agreement pursuant to the provisions of Division 11-15.1 of the Illinois
Municipal Code, 65 ILCS 5/11-15.1-1 et seq., governing the annexation and
zoning of the Development Property and the Contiguous Parcels to the City, and
the performance of certain undertakings that are contingent on the annexation.
Key provisions of the agreement include:
Immediately after the execution of this Agreement, the Corporate Authorities shall
pass and approve an ordinance annexing the Development Property and
Contiguous Parcels, as well as any contiguous rights-of-way, to the City.
Immediately after the adoption of the Annexation Ordinance, the City shall adopt
an ordinance amending the City's zoning map to classify the Development
Property and the Contiguous Parcels into the R-1 Single -Family Residential
Zoning District.
Immediately after the adoption of the Zoning Map Amendment Ordinance, the
City shall adopt an ordinance approving a Preliminary PUD for the Development
Property.
The Developer has paid to the City any amounts due pursuant to Section 11 of the
Agreement and paid to the City an amount sufficient to cover the cost of recording
this Agreement, all necessary plats, the affidavit of service of notice, and the
Annexation Ordinance.
(Cont.)
Page 6 of 15 11/06/17
The Developer may not commence any construction on the Development Property
unless and until the Developer submits, no later than one year after the date of
annexation, the Final Plat of Subdivision, Final PUD, Final Engineering and Final
Landscape Plan for approval thereof by the Corporate Authorities, all in
accordance with the Zoning Code and the Subdivision Regulations.
The Developer must, at its sole cost and expense, construct and install all of the
improvements depicted on the Final Engineering Plan and the other components
of the Final PUD.
The Developer will construct a 10 foot wide concrete side path running along the
entire frontage of the Development Parcel along N. East River Road on land that
will be dedicated to the City on the Final Plat of Subdivision.
A declaration of covenants, easements, and restrictions, acceptable in form and
substance to the City's General Counsel, shall be recorded against the
Development Property not later than the date which the closing on the sale of the
first Residential Structure occurs. The Declaration of Covenants shall provide for
the creation of the Homeowners' Association.
All the roadways and rights-of-way will be privately maintained by the
Homeowners Association.
The Developer will pay the City $1,400 annexation fee per residential structure to
be constructed on the Development Parcel paid at the time of building permit.
The Developer agrees to fully comply with the City's fees -in -lieu of park land
contributions ordinance, to be paid prior to the issuance of any building permits.
This Agreement will be in full force and effect from and after the Effective Date
for a term of 20 year.
The Public Hearing is called to order at 7:53pm.
Mr. Drew Hickman presented his concerns over increased traffic in the area, no
turn lanes and that there is not enough green space proposed.
Mr. Michael Roche felt that the proposed homes are too large for the lot size and
this development does not follow the City's Comprehensive Plan.
Ms. Elizabeth Niewianowski suggested the number of homes proposed be
decreased.
Mr. Bill Epplen expressed his concern over the annexation creating small islands
of which some of the areas are annexed and some are not.
Ms. Sara Schroeder requested that the developer consider protecting some of the
trees on the properties.
Ms. Susan Mack requested for some of the old Oak trees be saved.
Page 7 of 15 11/06/17
(Cont.) Mr. Citron, attorney for the petitioner, answered questions and addressed the
various concerns of the residents.
Mr. Clark of The Lakota Group reviewed the development's Landscape Plan.
Mr. Loftus of SpaceCo, Inc. discussed storm water management.
Mr. Woodward of KLOA, Inc. reviewed a traffic study of the area.
The Public Hearing was closed at 8:49 pm.
Community and Economic Development Director McMahon continued to review
a memorandum dated October 24, 2017.
The petitioner is requesting an Amendment to the Official Des Plaines Zoning
Map, as amended, under Section 12-3-7 of the 1998 City of Des Plaines Zoning
Ordinance, as amended, to zone the below properties R-1 Single -Family
Residential District and a Preliminary PUD under Section 12-3-5 of the 1998 City
of Des Plaines Zoning Ordinance, as amended, to allow for the construction of 39
single-family homes, with requested PUD exceptions from the R-1 Single -Family
Residential Zoning District standards under Section 12-7-2(J) of the 1998 City of
Des Plaines Zoning Ordinance, as amended, for minimum lot size, minimum lot
width, minimum front yard setbacks, and total building coverage.
The lots under consideration for the Map Amendment and Preliminary PUD are
all on the west side of N. East River Road and include:
09-09-400-016-0000, 09-09-400-023-0000, 09-09-400-024-0000, 09-09-400-025-
0000, 09-09-400-026-0000, 09-09-400-027-0000, 09-09-400-028-0000.
The petitioner is requesting an Amendment to the Official Des Plaines Zoning
Map, as amended, under Section 12-3-7 of the 1998 City of Des Plaines Zoning
Ordinance, as amended, to zone the below properties R-1 Single -Family
Residential District. These properties are not part of the request for a Preliminary
PUD.
The lots under consideration for the Map Amendment only are on the east side of
N. East River Road and include: 09-09-401-021-0000, 09-09-401-035-0000.
The Planning and Zoning Board met on September 26, 2017, to consider the
Zoning Map Amendment, Preliminary PUD, and a Tentative Plat of Subdivision.
The petitioner presented the proposed site plan for 39 single-family homes and
stated that they would have between three and four bedrooms and be situated on
small lots. He stated that Des Plaines has seen a lot of townhomes and condos built
in recent years, but not a lot of new single-family homes, and that the trend of
development is moving towards smaller lots.
The Planning and Zoning Board supported the development, but had concerns over
the proposed facades of the single-family homes. They stated that architecture is
key in a development like this and wanted to make sure that there is enough
variation among the homes so that they do not look monotonous. They support the
(Cont.)
CONSIDERATION
OF ANNEXATION
OF N. EAST
RIVER ROAD
PROPERTIES:
CONSIDERATION
OF A ZONING
MAP
AMENDMENT:
CONSIDERATION
OF A
PRELIMINARY
PUD:
ANNEXATION
AND
DEVELOPMENT
AGMT/DUBIN
HOLDINGS, INC.
CONSIDERATION
OF A
CONDITIONAL
USE PERMIT
/BOXING
GYM/200 E
HOWARD:
Page 8 of 15 11/06/17
use of natural materials on all four facades and do not want any vinyl siding to be
used. Additionally, the Planning and Zoning Board expressed concerns over traffic
within the City in general and stated that the City should take a more proactive
stance in working with outside agencies, such as the Illinois Tollway, to address
traffic concerns.
Community and Economic Development Director McMahon recommended
approval of: Resolution R-174-17 approving the Annexation and Development
Agreement; Annexation Ordinance A-1-17; Zoning Map Amendment Ordinance
Z-25-17, and Preliminary PUD Ordinance Z-28-17, subject to the condition of the
Planning and Zoning Board.
Discussion was held.
Moved by Rodd, seconded by Chester to recommend to the City Council approval
of the Annexation of 225, 300, 301, 304, 310, & 330 N. East River Road to the
City of Des Plaines; and further recommend to adopt Ordinance A-1-17 at the
appropriate time this evening. Upon voice vote, motion declared carried.
Alderman Robinson did not agree.
Moved by Brookman, seconded by Chester to recommend to the City Council
approval of the Zoning Map Amendment for 225, 300, 301, 304, 310, & 330 N.
East River Road — Case #17-069-PPUD-SUB-MAP; and further recommend to
adopt Ordinance Z-25-17 at the appropriate time this evening. Upon voice vote,
motion declared carried. Alderman Robinson did not agree.
Moved by Chester, seconded by Charewicz to recommend to the City Council
approval of the Preliminary Planned Unit Development for 300, 304, 310, & 330
N. East River Road — Case # 17-069-PPUD-SUB-MAP; and further recommend to
adopt Ordinance Z-28-17 at the appropriate time this evening. Upon voice vote,
motion declared carried. Alderman Robinson did not agree.
Moved by Chester, seconded by Brookman to defer R-174-17 until the
November 20, 2017 City Council meeting. Upon voice vote, motion declared
carried.
Community and Economic Development Director McMahon reviewed a
memorandum dated October 25, 2017.
The applicant, Jason Brandstetter, has requested a Conditional Use Permit to
operate a Commercial Indoor Recreation Establishment at 200 E. Howard Avenue,
Suite 218. The tenant space is one of approximately 30 in the Howard O'Hare
Business Center. The three -building, single -story development is on
approximately 9.8 acres and is located on the north side of Howard Avenue, just
west of the Union Pacific Railroad. The site is accessed by a single curb cut off of
Howard Avenue.
(Cont.)
CONSIDERATION
OF A
CONDITIONAL
USE
PERMIT/AUTO
REPAIR AND
SALES/1685 E.
OAKTON
STREET:
Page 9 of 15 11/06/17
The petitioner proposes to operate Gregory Boxing, Inc., a boxing gym, within the
5,003 square -foot tenant space. The petitioner has stated in his application that the
gym will incorporate physical exercise, philosophy, and diet which incorporates
various elements of high intensity interval training, weightlifting, and sparring in
a one-hour class. The proposed boxing gym would operate Monday -Friday, 8:00
a.m. to 2:00 p.m. for individual classes and 3:00 p.m. to 9:00 p.m. for group
classes, and on Saturdays from 8:00 a.m. to 2:00 p.m. for group classes. Classes
would have between 10 and 12 people, including a coach. One coach per shift will
be on the premises. Athletic apparel may also be sold in the tenant space.
The Planning and Zoning Board met on October 10, 2017, to consider the
Conditional Use. The petitioner presented the plan of operation for the proposed
boxing gym and stated that it would be used in the morning for individual lessons
and in the afternoons/evenings for group classes. He stated that the proposed
3:30pm to 4:30pm classes would be for Maine West students and the 4:30pm to
5:30pm classes for children. All classes after 5:30pm would be for adults. All
classes require advance sign-up through the gym's website. One member of the
public spoke in support of the proposal and the after-school programs.
The Planning and Zoning Board, after having heard and fully considering the
evidence, recommended (5-0) that the City Council approve the Conditional Use
Permit for a Commercial Indoor Recreation Establishment at 200 E. Howard
Avenue, Suite 218.
The Community and Economic Development Department recommended approval
of Ordinance Z - 26 — 17, granting a Conditional Use Permit for a Commercial
Indoor Recreation Establishment, based on 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.
Discussion was held.
Moved by Brookman, seconded by Robinson to recommend to the City Council
Approval of a Conditional Use Permit for Boxing Gym at 200 E. Howard Avenue,
Suite 218 — Case #17 -084 -CU; and further recommend that Ordinance Z-26-17 be
adopted at the appropriate time this evening. Upon voice vote, motion declared
carried.
Community and Economic Development Director McMahon reviewed a
memorandum dated October 25, 2017.
The applicant, Miguel Orduna, has requested a Conditional Use Permit to operate
an auto repair and sales establishment at 1685 E. Oakton Street. The 13,500 square -
foot site is improved with a single -story, 2,000 square -foot building that has
previously been used for auto repair and sales. The site is currently accessed by
curbs cuts off of Oakton Street, Orchard Street, and the alley to the south of the
property.
The petitioner proposes to operate Des Plaines Auto Repairs and Sales on the site.
The petitioner has stated in his application that they will sell up to 16 quality used
(Cont.)
Page 10 of 15 11/06/17
cars at a time that range in price from $3,000 to $9,000. Additionally, they will
repair and service cars, with services including suspension, breaks, and tune-ups.
The proposed auto repair and sales establishment would operate Monday -Friday,
9:15 a.m. to 7:00 p.m. and Saturdays from 9:15 a.m. to 4:00 p.m. There are three
employees, including the business owner.
The petitioner proposes to improve the site by adding a 5 -foot strip of landscaping
along the north and east property lines. These landscaped areas will be planted
with shrubs that will be maintained in the 3- to 4 -foot height range. The rear of the
property will be cleaned up and three parking spaces will be added in the southwest
corner for employee parking. The petitioner proposes that customers park along
the east side of the property. The 16 cars proposed for sale will be located in the
front of the property, along Oakton Street.
Please note that the petitioner has been operating in the space since early 2017,
without the benefit of a Conditional Use Permit. Since then, staff has had meetings
with the property owner and petitioner to get the issue of the required Conditional
Use resolved. Our records indicate that Sam Molina, the property owner, had been
operating an auto repair and sales establishment in the space since 2001. Though
he had a valid business license, he never obtained a Conditional Use for auto repair
and sales, which was required of him (though current staff is unsure if he was made
aware of this at the time). In 2010, Mr. Molina inquired about adding body work
to his establishment. He was told that he needed a Conditional Use to do this, but
one was never obtained and staff never followed up. Mr. Molina let his state license
for auto sales lapse in 2014, and we became aware of the new tenant, the petitioner,
occupying the space when he went to apply for a state license for auto sales.
The petitioner's Conditional Use application was received on July 13, 2017. After
a review of the application, it was noted that key information was missing from
the application. A staff letter was sent to the petitioner on July 19, 2017. In early
October 2017 the revised site plan was received that was required of him in order
to proceed with the Conditional Use application.
The Planning and Zoning Board met on October 10, 2017, to consider a
Conditional Use Permit under Section 12-7-3(F)3 of the 1998 Des Plaines Zoning
Ordinance, as amended, to allow auto repair and sales in the C-3 General
Commercial District. The petitioner presented the plan of operation and proposed
site plan for Des Plaines Auto Repairs and Sales. He stated that they plan to have
up to 16 cars for sale at any time. He stated that the 16 parking spaces for these
cars will be located at the front of the property along Oakton Street, and that eight
parking spaces for customers will be located along the eastern property line and
three parking spaces behind the building for employees. He stated that they
propose to add five feet of landscaping along the north and east property lines.
The Planning and Zoning Board recommended (4-1) that the City Council approve
the proposed Conditional Use Permit for auto repair and sales, subject to the
following conditions: 1) the petitioner follow the submitted site plan; all drive
aisles must remain clear of vehicles and other obstructions, 2) the parking lot be
striped per the approved site plan, and 3) no body work be conducted on the
premises.
(Cont.)
CONSIDERATION
OFA MAP
AMENDMENT
AND MAJOR
VARIATION/
30 N. RIVER
ROAD:
DISCUSSION
REGARDING THE
DEFINITION
FACE BRICK AND
FIRST FLOOR
UNFINISHED
BUSINESS:
Page 11 of 15 11/06/17
The Community and Economic Development Department recommended approval
of the requested Conditional Use Permit, subject to the condition that the drive
aisles as shown on the proposed site plan be kept free and clear of cars at all times.
Mr. Orduna requested a modification to the Landscape Plan due to the high cost.
Discussion was held.
Moved by Brookman, seconded by Robinson to recommend to the City Council
approval of the Conditional Use Permit for Auto Repair and Sales at
1685 E. Oakton Street — Case #17 -058 -CU with the landscape modification and to
monitor the parking of vehicles on the street; and further recommend to adopt
Ordinance Z-27-17 at the appropriate time this evening. Upon voice vote, motion
declared carried.
Community and Economic Development Director McMahon stated the Petitioner,
Babatope Adedara, requested an Amendment to the Official Des Plaines Zoning
Map to reclassify 30 N. River Road from the C-3 General Commercial District to
the I-1 Institutional District to permit a place of worship and Major Variations
under Section 12-7-5(A)7 of the 1998 Des Plaines Zoning Ordinance, as amended.
This item was deferred from the October 16, 2017 until the petitioner submitted
parking lease agreements to make up for the lack of parking on-site.
Mr. Adedara produced the required parking lease agreements which have been
reviewed and approved by Counsel.
Moved by Charewicz, seconded by Robinson, to recommend to the City Council
approval of the Map Amendment and Major Variation at 30 N. River Road (Case
#17 -062 -V -MAP); and further recommend to adopt Ordinance Z-22-17 at the
appropriate time this evening. Upon voice vote, motion declared carried.
BUILDING CODE — Alderman Robinson, Chair
Community and Economic Development Director McMahon requested
clarification for the definitions of Face Brick, Facade and First Floor as they
pertain to the Zoning Ordinance. Director McMahon proposed for side and rear
building materials the possibility of determining a percentage for the area of
building material. Since many homes do not have a traditional first floor this will
eliminate the need to determine what constitutes a story.
Staff was directed to propose clarified definitions and present the information to
the Building Code Committee for review.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
BACK IN REGULAR SESSION
DISCUSSION OF
SANITARY
SEWER
LATERAL
PROGRAM:
Ordinance
M-23-17
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-175-17
ANNEXATION
AND
DEVELOPMENT
AGMT/DUBIN
HOLDINGS, INC.
Page 12 of 15 11/06/17
At the October 16, 2017 City Council meeting, staff was directed to prepare an
ordinance to increase the level of funding on the Sanitary Sewer Lateral Program.
The current level of funding on the Sanitary Sewer Lateral Program, effective
January 1, 2010, provides for the reimbursement to homeowners for 30% of the
cost of repairing or replacing a sanitary sewer service lateral located within a
public right-of-way or easement due to a blockage. The maximum reimbursement
allowed is $2,000.
Action taken by the City Council on October 16, 2017 will increase the maximum
allowed reimbursement amount to $4,000 upon amendment to Section 9-2-3.0 of
the City Code.
Move by Sayad, seconded by Charewicz to Amendment the City Code Regarding
Sanitary Sewer Lateral Program Funding; and further adopt Ordinance, M-23-17,
AN ORDINANCE AMENDING SECTION 9-2-3 OF THE DES PLAINES CITY
CODE REGARDING SANITARY SEWER MAIN AND LATERAL
MAINTENANCE AND REAUTHORIZING A POLICY FOR
REIMBURSEMENT OF PRIVATE LATERAL REPAIR AND
RECONSTRUCTION. Upon voice vote, motion declared carried.
Discussion was held.
Moved by Brookman, seconded by Charewicz to direct staff to contact the City of
Rolling Meadows and report back to the Engineering Committee with the details
of their Sewer Lateral Program. Upon voice vote, motion declared carried.
Alderman Rodd did not agree.
Moved by Charewicz, seconded by Brookman, to concur with recommendation of
Committee of the Whole to adopt Resolution R-175-17, 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: $6,828,191.11. *Alderman Sayad votes yes on
the items on the warrant register excluding all Holland & Knight invoices because
he feels that the city can save money. 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 Charewicz to Concur with the Recommendation of
the Committee of the Whole to defer R-174-17, A RESOLUTION APPROVING
AN ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF DES PLAINES AND DUBIN HOLDINGS, INC. (225,300,301,304,310
(Cont.)
Resolution
R-174-17
ANNEXATION OF
N. EAST RIVER
ROAD
PROPERTIES:
Ordinance
A-1-17
APPROVE
ZONING MAP
AMENDMENT N.
EAST RIVER
ROAD
PROPERTIES:
Ordinance
Z-25-17
APPROVE
PRELIMINARY
PUD FOR N. EAST
RIVER ROAD
PROPERTIES:
Ordinance
Z-28-17
CONDITIONAL
USE/INDOOR
RECREATION/200
E. HOWARD
AVE., SUITE 208:
Ordinance
Z-26-17
Page 13 of 15 11/06/17
& 330 N. EAST RIVER ROAD) until the November 20, 2017 City Council
meeting. Upon voice vote, motion declared carried.
Moved by Sayad, seconded by Brookman, to concur with recommendation of
Committee of the Whole to adopt Ordinance A-1-17, AN ORDINANCE
ANNEXING 225, 301, 300, 304, 310, 330 N. EAST RIVER ROAD TO THE
CITY OF DES PLAINES. Upon voice vote, the vote was:
AYES: 7-Lysakowski, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 1 -Robinson
ABSENT: 0 -None
Motion declared carried.
Moved by Sayad, seconded by Rodd, to concur with recommendation of
Committee of the Whole to adopt Ordinance Z-25-17, AN ORDINANCE
APPROVING A ZONING MAP AMENDMENT FOR 225, 301, 300, 304, 310,
330 N. EAST RIVER ROAD, DES PLAINES, IL. Upon voice vote, the vote was:
AYES: 7-Lysakowski, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 1 -Robinson
ABSENT: 0 -None
Motion declared carried.
Moved by Sayad, seconded by Rodd, to concur with recommendation of
Committee of the Whole to adopt Ordinance Z-28-17, AN ORDINANCE
APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT FOR
300, 304, 310, 330 N. EAST RIVER ROAD, DES PLAINES, IL. Upon voice vote,
the vote was:
AYES: 7-Lysakowski, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 1 -Robinson
ABSENT: 0 -None
Motion declared carried.
Moved by Sayad, seconded by Brookman, to concur with recommendation of
Committee of the Whole to adopt Ordinance Z-26-17, AN ORDINANCE
GRANTING A CONDITIONAL USE PERMIT FOR AN INDOOR
RECREATION ESTABLISHMENT IN THE M-2 ZONING DISTRICT AT 200
E. HOWARD AVENUE, SUITE 218, DES PLAINES, IL. 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 Brookman, to advance to Second Reading and
to adopt Ordinance Z-26-17, AN ORDINANCE GRANTING A CONDITIONAL
(Cont.)
CONDITIONAL
USE/AUTO
SERVICE/1685 E
OAKTON:
Ordinance
Z-27-17
ZONING MAP
AMENDMENT
AND MAJOR
VARIATIONS/
30 N. RIVER RD:
Ordinance
Z-22-17
Page 14 of 15 11/06/17
USE PERMIT FOR AN INDOOR RECREATION ESTABLISHMENT IN THE
M-2 ZONING DISTRICT AT 200 E. HOWARD AVENUE, SUITE 218, DES
PLAINES, IL. 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 Chester, to concur with recommendation of
Committee of the Whole to adopt with landscape modification Ordinance
Z-27-17, AN ORDINANCE GRANTING CONDITIONAL USE PERMITS FOR
AN AUTO SERVICE REPAIR ESTABLISHMENT AND A MOTOR VEHICLE
SALES ESTABLISHMENT IN THE C-3 ZONING DISTRICT AT 1685 E.
OAKTON STREET, DES PLAINES, IL. 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 Sayad, to advance to Second Reading and to
adopt with landscape modification Ordinance Z-27-17, AN ORDINANCE
GRANTING CONDITIONAL USE PERMITS FOR AN AUTO SERVICE
REPAIR ESTABLISHMENT AND A MOTOR VEHICLE SALES
ESTABLISHMENT IN THE C-3 ZONING DISTRICT AT 1685 E. OAKTON
STREET, DES PLAINES, IL. 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 Rodd, to concur with recommendation of
Committee of the Whole to adopt Ordinance Z-22-17, AN ORDINANCE
APPROVING A ZONING MAP AMENDMENT AND MAJOR VARIATION
FOR 30 N. RIVER ROAD, DES PLAINES, IL. 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 Rodd, to advance to Second Reading and to adopt
Ordinance Z-22-17, AN ORDINANCE APPROVING A ZONING MAP
AMENDMENT AND MAJOR VARIATION FOR 30 N. RIVER ROAD,
DES PLAINES, IL. Upon roll call, the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
Page 15 of 15 11/06/17
(Cont.) ABSENT: 0 -None
Motion declared carried.
ADJOURNMENT: Moved by Brookman, seconded by Sayad, to adjourn the meeting. Motion
declared carried. The meeting adjourned at 10:34 p.m.
APPROVED BY ME THIS /)
JcJL
'fer L. alap atanis — CITY CLER II