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01/02/2018MINUTES 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, TUESDAY, JANUARY 2, 2018 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 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, January 2, 2018. ROLL CALL: Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. Absent: Lysakowski CLOSED Moved by Brookman, seconded by Sayad, to enter into Closed Session to discuss SESSION: Collective Bargaining, Probable Litigation, Acquisition of Property and Sale of Property. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. The City Council recessed at 6:30 p.m. The City Council reconvened at 7:07 p.m. Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz. Absent: Lysakowski. 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, Deputy Police Chief Zaprzalka, and General Counsel Weiss. PRAYER AND The prayer was given by Acting City Clerk Fast, followed by the Pledge of PLEDGE: Allegiance to the Flag of the United States of America. SWEARINGN Fire Chief Wax introduced new Firefighter/Paramedic Christopher Dawson. CEREMONY: Mayor Bogusz administered the Official Oath and welcome Mr. Dawson to the Department. CITIZEN Resident Wayne Serbin inquired about Warming Centers in Des Plaines and PARTICIPATION: reminded everyone to help those in need of food and shelter. CONSENT AGENDA: Moved by Brookman, seconded by Sayad, to establish the Consent Agenda. Motion declared carried. Page 2 of 11 1/02/18 (Cont.) Moved by Brookman, seconded by Chester, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. APPROVE NEW B1 LIQUOR LICENSE/ BUTERA/ 1565 LEE ST.: Consent Agenda Ordinance M-1-18 AUTHORIZE TRANSFER OF OWNERSHIP/ CLASS B LIQUOR LICENSE/ B&E LIQUORS/ 1572 RAND ROAD: Consent Agenda AUTHORIZE PURCHASE OF REPLACEMENT PARKWAY TREES/WCMC SUBURBAN TREE CONSORTIUM: Consent Agenda Resolution R-1-18 APPROVE NEW MASTER CONTRACTS: Consent Agenda Minutes were approved; Resolution R-1-18, R-2-18, R-3-18, R-4-18, R-5-18, R-6-18, R-7-18, R-8-18, R-9-18, R-11-18; Ordinances M-1-18, Z-34-17 were adopted. Moved by Brookman, seconded by Chester, to Approve New B1 — Bulk Sales Liquor License for Butera Finer Foods, Inc. d/b/a Butera Fruit Market, 1565 Lee Street; and further recommend to adopt Ordinance M-1-18, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS B1 LIQUOR LICENSE. Motion declared carried as approved under Consent Agenda. Moved by Brookman, seconded by Chester, to Authorize a Transfer of Ownership for a Class B — Retail Bulk/Alcohol as Primary Sales Liquor License for B&E Liquors, Inc., 1572 Rand Road. Motion declared carried as approved under Consent Agenda. Moved by Brookman, seconded by Chester, to Authorize Purchase of Replacement Parkway Trees from Participating STC Nurseries and Planting Labor through the West Central Municipal Conference — Suburban Tree Consortium, 2000 Fifth Avenue, River Grove, IL in the Not -to -Exceed Amount of $240,000 for Spring and Fall Plantings. Budgeted Funds — General Fund/Street Maintenance/Tree Plantings; and further recommend to adopt Resolution R-1-18, A RESOLUTION AUTHORIZING THE PURCHASE AND PLANTING OF TREES THROUGH THE WEST CENTRAL MUNICIPAL CONFERENCE SUBURBAN TREE CONSORTIUM. Motion declared carried as approved under Consent Agenda. Moved by Brookman, seconded by Chester, to Approve New Master Contracts with Architectural Consulting Group, Ltd., 303 N. Northwest Highway, Barrington, IL; H.R. Green, Inc., 420 N. Front Street, McHenry, IL; The Lakota Group, Inc., 116 West Illinois, Chicago, IL; Walker Consultants/Engineering, Inc., 505 Davis Road, Elgin, IL; and Civiltech Engineering, Inc., 450 E. Devon Avenue, Itasca,; and further recommend to adopt: Resolution R-2-18 R-3-18 R-4-18 R-5-18 R-11-18 APPROVE 2018 MUNICIPAL ESTIMATE OF MAINT. COSTS AND ADOPT IDOT RESOLUTION: Consent Agenda Resolution R-6-18 APPROVE THREE-YEAR CONTRACT/ MUNICIPAL GIS PARTNERS/GIS SERVICES: Consent Agenda Resolution R-7-18 Page 3 of 11 1/02/18 Resolution R-2-18, A RESOLUTION APPROVING A MASTER CONTRACT WITH ARCHITECTURAL CONSULTING GROUP, LTD., FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES. Motion declared carried as approved under Consent Agenda. Resolution R-3-18, A RESOLUTION APPROVING A MASTER CONTRACT WITH H.R. GREEN, INC., FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved under Consent Agenda. Resolution R-4-18, A RESOLUTION APPROVING A MASTER CONTRACT WITH THE LAKOTA GROUP, INC., FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved under Consent Agenda. Resolution R-5-18, A RESOLUTION APPROVING A MASTER CONTRACT WITH WALKER CONSULTANTS/ENGINEERING, INC., FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved under Consent Agenda. Resolution R-11-18, A RESOLUTION APPROVING A MASTER CONTRACT WITH CIVILTECH ENGINEERING, INC., FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved under Consent Agenda. Moved by Brookman, seconded by Chester, to Approve the 2018 Municipal Estimate of Maintenance Costs and Adoption of the Illinois Department of Transportation (IDOT) Resolution for Maintenance of Streets and Highways; and further recommend to adopt Resolution R-6-18, A RESOLUTION FOR MAINTENANCE UNDER THE ILLINOIS HIGHWAY CODE. Motion declared carried as approved under Consent Agenda. Moved by Brookman, seconded by Chester, to Approve 3 -Year Contract with Municipal GIS Partners, Inc., 701 Lee Street, Des Plaines, IL in an Amount Not - to -Exceed $198,892.90 for 2018. Budgeted Funds — General Fund; and further recommend to adopt R-7-18, A RESOLUTION APPROVING AN AGREEMENT WITH MUNICIPAL GIS PARTNERS, INC., FOR GEOGRAPHIC INFORMATION SYSTEM SUPPORT SERVICES. Motion declared carried as approved under Consent Agenda. APPROVE PURCHASE/ SENSUS WATER METERS AND INSTALLATION /CORE&MAIN: Consent Agenda Resolution R-8-18 APPROVE UPDATE TO POLICY PROHIBITING SEXUAL HARASSMENT: Consent Agenda Resolution R-9-18 AUTHORIZE CITY CLERK TO ADVERTISE FOR BID/CISCO CHASSIS AND BLADE SERVERS: Consent Agenda SECOND READING/ORD. Z-34-17/TEXT AMENDMENT/ LOT AREA PER DWELLING UNIT/C-5 CENRAL BUSINESS DISTRICT: Consent Agenda Page 4 of 11 1/02/18 Alderman Charewicz requested that this item be removed for discussion. Director of Public Works and Engineering Oakley provided an update on the Water Meter Replacement Program. Moved by Charewicz, seconded by Brookman, to Approve Purchase of Sensus Water Meters and Installation Services on an As -Needed Basis from Core & Main, LP, 220 South Westgate Drive, Carol Stream, IL. Budgeted Funds — Water System Fund/Miscellaneous Contractual Services in the Amount of $100,000; R&M Software in the Amount of $20,500; and Water Meters in the Amount of $550,000; and further recommend to adopt Resolution R-8-18, A RESOLUTION AUTHORIZING AN AGREEMENT WITH CORE MAIN, LP, FOR THE PURCHASE AND INSTALLATION OF SENSUS WATER METERS. Motion declared carried. Alderman Chester requested that this item be removed for discussion. Alderman Chester reviewed the policy with Counsel and considers this an extremely important subject. Moved by Chester, seconded by Sayad, to Approve Update to Policy Prohibiting Sexual Harassment in Accordance with Illinois Public Act 100-0554; and further recommend to adopt Resolution R-9-18, A RESOLUTION APPROVING AND ESTABLISHING AN AMENDED SEXUAL HARASSMENT POLICY. Motion declared carried. Moved by Brookman, seconded by Chester, to Authorize the City Clerk to Advertise for Bid Cisco Chassis and Blade Servers. Motion declared carried as approved under Consent Agenda. Moved by Brookman, seconded by Chester, to Approve and Adopt Second Reading — Ordinance Z-34-17, AN ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE REGARDING LOT AREA PER DWELLING UNIT IN THE C-5 CENTRAL BUSINESS DISTRICT. Motion declared carried as approved under Consent Agenda APPROVE MINUTES: Consent Agenda APPROVE MINUTES: Consent Agenda WARRANT REGISTER: CONSIDERATION OF A MAJOR VARIATION FOR SIDE -YARD SETBACK/943 WALTER AVENUE: Page 5 of 11 1/02/18 Moved by Brookman, seconded by Chester to approve Minutes of the City Council of December 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 City Council of December 18, 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 Sayad, to recommend to the City Council approval of the January 2, 2018 — Warrant Register in the Amount of $4,101,840.57; and further recommend that Resolution R-10-18 be adopted at appropriate time this evening. Upon voice vote, motion declared carried. COMMUNITY DEVELOPMENT — Alderman Sayad, Chair Community and Economic Development Director McMahon reviewed a memorandum dated December 21, 2017. The homeowner of 943 Walter Avenue, Erik Kim, had requested a variation to Section 12-7-2(J) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a principal structure with a side -yard setback of 3', when 5' is required, in order to construct an addition to the existing single-family home. The petitioner planned to construct a two-story addition on the west side of the home, which was to be an attached garage on the ground story and a new master suite on the second story. The petitioner proposed to tear down the existing detached garage at the rear of the property so as to avoid an additional variation in order to have two garages. At the December 4, 2017, City Council meeting, the application was deferred to the January 2, 2018, meeting so that the petitioner could meet with planning staff to review alternative plans for the addition. Staff met with the homeowner on Friday, December 8, 2017 to discuss different options and how the petitioner could move forward without needing a variation. In an email to staff dated December 20, 2017, Mr. Kim officially withdrew his variation application. It is staff's understanding that he will keep the existing detached garage and construct an addition (with no new garage) on the east side of the home. (Cont.) CONSIDERATION OF A TENTATIVE AND FINAL PLAT OF SUBDIVISION/ 481 EDWARD COURT: CONSIDERATION OF CONDITIONAL USE PERMIT TO EXPAND EXISTING CHILDCARE CENTER/ 1345 E GOLF RD: Page 6 of 11 1/02/18 The petitioner has requested that the request for a variation for side -yard setback be withdrawn and removed from the City Council agenda. Staff will work with the petitioner to confirm that the new plans for a home addition meet all zoning and building code requirements. Community and Economic Development Director McMahon explained this item was deferred from the December 4, 2017 City Council meeting. Community and Economic Development Director McMahon reviewed a memorandum dated December 21, 2017. The petitioner and contract purchaser of 481 Edward Court, Mohammed Makda, proposed to subdivide a single lot in the R-1 Single -Family Residential District into two lots. The 25,999.93 square foot property has frontage on both Edward Court and Good Avenue and is currently unimproved. If subdivided, the petitioner proposes to construct two single-family homes, one on each lot. Each lot is proposed to be 90' wide. Lot 1 (which faces Edward Court) will have an area of 12,998.00 square feet and Lot 2 (which faces Good Avenue) will have an area of 13,001.93 square feet. The proposed lots meet the minimum required lot width and area for lots in the R-1 Single -Family Residential District. Originally, the petitioner proposed to divide the existing single lot into four lots, with two facing Edward Court and two facing Good Avenue. These proposed lots required variations for lot width and area. At the December 4, 2017 City Council meeting, the direction from the Council was to only allow two lots instead of the four proposed. The item was continued so that the petitioner could revise the plat of subdivision to reflect only two lots. Because of the change to the proposed lots, the original variations for lot width and area requested are no longer needed, only a resolution permitting the subdivision. Staff recommended approval of Resolution R-12-18 approving a Tentative and Final Plat of Subdivision for the creation of two lots at 481 Edward Court. Moved by Sayad, seconded by Rodd, to recommend to the City Council Approval of a Tentative and Final Plat of Subdivision for 481 Edward Court, Des Plaines, Illinois; and further recommend that Resolution R-12-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. Community and Economic Development Director McMahon reviewed a memorandum dated December 13, 2017. See Me Grow and Learn Infant Child Development Center has requested to amend their 2014 Conditional Use Permit to expand their existing daycare operations at 1345 E. Golf Road. Currently, the daycare occupies approximately 4,000 square feet within a multi -use building in the C-3 General Commercial District. The petitioner proposes to expand into an additional 4,500 square feet to the south of the existing operations. In addition to the daycare, the building is currently occupied with a printing company, trade contactor storage (landscaping), and an office/warehouse space. (Cont.) Page 7 of 11 1/02/18 At present, See Me Grow and Learn has three main classrooms and is open 6:30am to 6:OOpm, Monday through Friday. Each classroom serves a different age group: infants (6 weeks to 14 months), toddlers (15 months to 3 years), and preschoolers (3 to 6 years). The daycare follows all DCFS standards for child ratios per classroom and caregivers and currently serves up to 48 children with 8 teachers. The petitioner is requesting an expansion of the current facility in order to serve up to 77 children with 13 teachers and proposes to add two full bathrooms, additional closet storage, a staff break/classroom, indoor gym, and 3 additional classrooms. Four classrooms would be assigned to children under the age of 24 months, as this is the age group the petitioner sees the highest demand for in the community. The hours and days of operation would remain the same. The petitioner proposes to alter the outdoor play area by changing the fence so that it encloses a new walkway from the expansion. The petitioner also proposes to add a concrete slab in the play area for additional space to ride bikes and enjoy wagon rides. To create a safe infant and toddler playground, the petitioner will enclose about 1,000 square feet of the current play area with an additional fence so that children under the age of 2 will have a separate space to play. Additionally, a proposed new indoor play area will allow children to play and use their muscles when they cannot get outside due to poor weather. Currently, See Me Grow and Learn has access to 11 parking spaces, which the petitioner has stated they do not have any challenges with. With the proposed expansion, the petitioner will gain 7 parking spaces, for a total of 18 (the exact amount required by code for the use; 1 parking space per every 15 children and 1 parking space per employee is required). The traffic study, completed by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.), found that the additional traffic created by the expansion will not have a negative impact on traffic conditions in the area. The report does suggest that employees of the daycare park in the spaces to the south along Mary Street in order to keep the spaces closest to the facility free for pick-up and drop-off of children. The petitioner has stated that they will comply with these recommendations. The Planning and Zoning Board met on December 12, 2017, to consider the Conditional Use Permit. The Planning and Zoning Board recommended (7-0) that the City Council approve the Conditional Use Permit at 1345 E. Golf Road. Staff recommended approval of Ordinance Z-1-18 amending a Conditional Use Permit for a Childcare Center at 1345 E. Golf Road in order to allow for the expansion of the existing daycare. Moved by Brookman, seconded by Chester to recommend to the City Council Approval of a Conditional Use Permit to Expand an Existing Childcare Center at 1345 E. Golf Road (Case #17 -102 -CU); and further recommend that Ordinance Z-1-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. CONSIDERATION OF ACONDITIONAL USE PERMIT FOR DOMESTIC PET SERVICE/ 676 N WOLF RD: Page 8 of 11 1/02/18 Community and Economic Development Director McMahon reviewed a memorandum dated December 7, 2017. The petitioners, Michelle Janczak and Cathy Schilling, have requested a Conditional Use Permit in order to operate a Domestic Pet Service at 676 Wolf Road. The petitioners propose to operate a dog daycare, Playtime Pup Ranch, from the roughly 4,300 square foot tenant space in Wolf Shopping Center. In the future, additional services, including overnight boarding, grooming, and food and pet supplies retail, may be offered. Playtime Pup Ranch would operate Monday through Saturday, 6:30am to 6:30pm. The petitioners anticipate that most drop-offs would take place between 7:OOam and 9:OOam and that most pick-ups would take place between 4:30pm and 6:30pm. At full capacity, 30 dogs could be accommodated daily. The petitioners propose to construct an outdoor dog run adjacent to the northern end of the building for the dogs to use for bathroom breaks. Eight to ten dogs would be let into this area at a time, and dogs would be let out three to four times per day. Dogs who are in the outdoor space would always be monitored by staff and would not be left unattended. To start, there would be two employees daily, with additional staff added as the business grows. The Planning and Zoning Board met on December 12, 2017, to consider the Conditional Use Permit. The Planning and Zoning Board questioned why the dog run was proposed in the front of the building (to the north) as opposed to the rear of the building (to the west). Staff stated that when they originally met with the petitioner to discuss the dog daycare proposal, the rear of the building was the proposed location of the dog run. However, staff had concerns about locating the dog run there as it is directly adjacent to residences. The Planning and Zoning Board also inquired as to what would happen if there were complaints regarding noise. Staff confirmed that the City's code compliance inspectors would be called out to the site to check the noise levels and that if they exceed what is permitted, the business owners would need modify their operations or the building (e.g., add soundproofing materials inside the building) so that the nuisance would not continue. The Planning and Zoning Board recommended (5-2) that the City Council approve the Conditional Use Permit at 676 N. Wolf Road, subject to the following condition: A solid -wood fence of 6', painted to match the exterior of the building, be installed surrounding the dog run area. Staff recommended approval of Ordinance Z-2-18 granting approval of a Conditional Use Permit under Section 12-7-3(K) of the 1998 Des Plaines Zoning Page 9 of 11 1/02/18 (Cont.) Ordinance, as amended, to allow a Domestic Pet Service (dog daycare) in the C-3 General Commercial District, subject to the condition listed above. NEW BUSINESS: WARRANT REGISTER: Resolution R-10-18 APPROVE MAJOR VARIATION FOR SIDE -YARD SETBACK/943 WALTER AVENUE: Ordinance Z-30-17 Several residents of the area expressed their concerns, citing noise and odor, for the operation of Domestic Pet Service at 676 N. Wolf. The Petitioners answered questioned from the Aldermen regarding the outdoor fenced area which would allow animals to relieve themselves and the disposal of the animal waste. The Petitioners will work with staff to find an alternative to the outdoor fenced area. The Petitioners will also provide information regarding the PowerLoo, waste disposal system, and the Acoustical Engineer's report. This item is deferred until the February 5, 2018 Council Meeting. Moved by Smith, seconded by Rodd to defer this item until the February 5, 2018 City Council meeting. Upon voice vote, motion declared carried. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION Moved by Charewicz, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Resolution R-10-18, 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: $4,101,840.57. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. This item was withdrawn. APPROVE TENTATIVE AND FINAL PLAT OF SUBDIVISION/ 481 EDWARD CT: Resolution R-12-18 AMEND CONDITIONAL USE PERMIT/ CHILDCARE CENTER IN C-3 ZONING/ 1345 E GOLF RD: Ordinance Z-1-18 APPROVE CONDITIONAL USE PERMIT FOR OPERATION OF A DOMESTIC PET SERVICE/ 676 N WOLF RD: Ordinance Z-2-18 Page 10 of 11 1/02/18 Moved by Sayad, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Resolution R-12-18, A RESOLUTION APPROVING A TENTATIVE AND FINAL PLAT OF SUBDIVISION FOR 481 EDWARD COURT, DES PLAINES, ILLINOIS. Upon voice vote, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. Moved by Sayad, seconded by Chester, to concur with recommendation of Committee of the Whole to adopt Ordinance Z-1-18, AN ORDINANCE AMENDING A CONDITIONAL USE PERMIT FOR A CHILDCARE CENTER IN THE C-3 ZONING DISTRICT AT 1345 E. GOLF ROAD, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. Moved by Sayad, seconded by Rodd, to Advance to Second Reading and to adopt Ordinance Z-1-18, AN ORDINANCE AMENDING A CONDITIONAL USE PERMIT FOR A CHILDCARE CENTER IN THE C-3 ZONING DISTRICT AT 1345 E. GOLF ROAD, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. This item was deferred until the February 5, 2018 City Council Meeting. ADJOURNMENT: Moved by Sayad, seconded by Brookman, to adjourn the meeting. Motion declared carried. The meeting adjourned at 8:24 p.m. Page 11 of 11 1/02/18 417, • : Laur Fast — DEPUTY CLERK, ACTING CITY CLERK APPROVED BY ME THIS k(121 -1I