Loading...
12/05/2016Minutes amended on Pages 5 and 9 (in italics) by adding statement of Alderman Sayad regarding 2017 Budget and Resolution R-185-16. CALL 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, DECEMBER 5, 2016 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 5, 2016. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Chester, Smith and Charewicz. A quorum was present. Alderman Brookman was absent. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Community and Economic Development McMahon, Economic Development Coordinator Pruss, Senior Planner Bye, Fire Chief Wax, Police Chief Kushner, Director of Public Works and Engineering Oakley, and General Counsel Friedman. PRAYER AND PLEDGE: CITIZEN PART.: PUBLIC HEARING/ CDBG PY 2015 CAPER: PUBLIC HEARING/ The opening prayer was given by Dedry Johnson of the Des Plaines Baha'i, followed by the Pledge of Allegiance to the Flag of the United States of America. Ms. Fran Volpe addressed the City Council commenting on the issues of Syrian refugees and Section 8 housing. Resident Danny Gillespie addressed the City Council commenting on the Lee Street roadway construction and the street where he lives. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 5, 2016 Mayor Bogusz called the Public Hearing to order at 7:11 p.m. The Public Hearing was being held pursuant to legal notice regarding the CDBG PY2015 Consolidated Annual Performance and Evaluation Report (CAPER). The 15 -day public comment period for the CAPER began November 18, 2016, following a legal notice published in the Journal and Topics on November 4, 2016. Economic Development Coordinator Pruss reviewed her Memorandum dated November 21, 2016 regarding the CAPER and answered questions from the Aldermen. There were no comments or questions from the public. The Public Hearing was adjourned at 7:14 p.m. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 5, 2016 l .� Page 2 of 10 12/5/16 PROPOSED 2016 PROPERTY TAX Mayor Bogusz called the Public Hearing to order at 7:14 p.m. The Public LEVY: Hearing was being held pursuant to legal notice regarding the Proposed 2016 Property Tax Levy. Assistant City Manager/Director of Finance reviewed her Memorandum dated November 15, 2016 regarding the 2016 Property Tax Levy and answered questions from the Aldermen. There were no comments or questions from the public. The Public Hearing was adjourned at 7:15 p.m. The City Council reconvened at 7:16 p.m. CITY CLERK City Clerk Ludwig made various community announcements and reminded ANNOUNCEMENTS: everyone that the 2017 Election Candidate Filing Period is from December 12 — 19, 2016; petitions are to be filed in the City Clerk's Office. CONSENT Items 5 and 5a, Lease Agreement with the City of Des Plaines and Petitioner New AGENDA: Cingular Wireless PCS, LLC for 195 West Oakton Street and Resolution R-186- 16 were removed from the Agenda at the request of the Petitioner. Moved by Haugeberg, seconded by Chester, to establish the Consent Agenda, except for Items 5 and 5a. Motion declared carried. Moved by Haugeberg, and seconded by Chester, to approve Consent Agenda. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances M-53-16 was placed on First Reading; and Resolutions R-163-16, R- 180-16, R-181-16, R-186-16, and R-187-16 were adopted. Ordinances M-31-16, M-56-16, M-57-16 and Z-29-16 were adopted. AMEND CITY Moved by Haugeberg, and seconded by Chester, to concur with Staff CODE/ recommendation to amend Chapter 5 of Title 9 of the Des Plaines City Code SMALL CELL regarding Small Cell Facilities in the City's Right of Way; and further FACILITIES: recommend to place on First Reading Ordinance M-53-16, AN ORDINANCE Consent AMENDING CHAPTER 5 OF TITLE 9 OF THE DES PLAINES CITY CODE Agenda TO REGULATE SMALL CELL WIRELESS TELECOMMUNICATION FACILITIES. Motion declared carried as approved unanimously under Consent Ordinance Agenda. M-53-16 JAr REJECT SOLE BID/ APPROVE PURCHASE/ PUMPER TRUCK/ FIRE DEPT.: Consent Agenda Resolution R-163-16 APPROVE CDBG PY2015 CAPER: Consent Agenda Resolution R-180-16 ADOPT IDOT RESOLUTION/ CONSTR. ON STATE HIGHWAYS: Consent Agenda Resolution R-181-16 APPROVE LEASE AGR./ 195 WEST OAKTON ST.: Consent Agenda Resolution R-186-16 ACCEPT PROPERTY APPRAISALS/ FEMA GRANT 1935/ MWRDGC: Consent Agenda Resolution Page 3 of 10 12/5/16 Moved by Haugeberg, and seconded by Chester, to concur with Staff recommendation to reject sole sealed bid received for a Fire Pumper Truck and approve the purchase of a Fire Pumper Truck through the HGACBuy Purchasing Cooperative from Pierce Manufacturing, Inc., 2600 American Drive, Appleton, Wisconsin in the amount of $612,185.00 (Budgeted Funds — Vehicle Replacement Fund); and further recommend to adopt Resolution R-163-16, A RESOLUTION APPROVING A PURCHASE CONTRACT BETWEEN THE CITY OF DES PLAINES AND PIERCE MANUFACTURING FOR THE PURCHASE OF A PUMPER FIRE APPARATUS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, and seconded by Chester, to concur with Staff recommendation to approve Community Development Block Grant (CDBG) Program Year (PY) 2015 Consolidated Annual Performance Evaluation Report (CAPER); and further recommend to adopt Resolution R-180-16, A RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR PROGRAM YEAR 2015. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, and seconded by Chester, to concur with Staff recommendation to adopt Illinois Department of Transportation (IDOT) Resolution for Construction on State Highways; and further recommend to adopt Resolution R-181-16, A RESOLUTION REGARDING PERMITS GRANTED BY THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF STREET IMPROVEMENTS ON STATE HIGHWAYS MAINTAINED BY THE CITY. Motion declared carried as approved unanimously under Consent Agenda. This item was removed from the Consent Agenda at the request of Petitioner New Cingular Wireless PCS, LLC. Moved by Haugeberg, and seconded by Chester, to concur with Staff recommendation to accept Two Property Appraisal Proposals from Elite Appraisal, 417 West Talcott Road, Park Ridge, IL for $14,100.00 and Accurity Rick Hiton & Associates, 770 Lake Cook Road, Deerfield, IL for $16,500.00 for Matters Related to FEMA Hazard Mitigation Grant 1935. Source of Funding — Grant Funded Projects with Reimbursement through FEMA Hazard Mitigation Grant 1935 and MWRDGC; and further recommend to adopt Resolution R-187- 16, A RESOLUTION APPROVING PROFESSIONAL SERVICES R-187-16 ORDINANCE M-31-16 AMEND CITY CODE/ OCCASIONAL RESIDENTIAL SALES: ORDINANCE M-56-16 APPROVE NEW CLASS A LIQ. LIC./ 598 POTTER RD.: Consent Agenda ORDINANCE M-57-16 APPROVE NEW CLASS B1 LIQ. LIC./ 1045 OAKTON ST.: Consent Agenda ORDINANCE Z-29-16 TEXT AMENDMENT/ REGULATIONS — ELECTRONIC MESSAGE BOARD: Consent Agenda APPROVE MINUTES: Consent Agenda Page 4 of 10 12/5/16 AGREEMENTS WITH APPRAISERS FOR PHASE III FEMA BUY OUTS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, and seconded by Chester, to adopt Ordinance M-31-16, AN ORDINANCE AMENDING CHAPTER 3 OF TITLE 4 OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, and seconded by Chester, to adopt Ordinance M-56-16, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, and seconded by Chester, to adopt Ordinance M-57-16, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS BI LIQUOR LICENSE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, and seconded by Chester, to adopt Ordinance Z-29-16, AN ORDINANCE AMENDING THE TEXT OF THE CITY ZONING ORDINANCE REGARDING ELECTRONIC MESSAGE BOARDS (CASE #16 -071 -TA). Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, and seconded by Chester, to approve Minutes of Special Meeting of October 26, 2016, as published. Motion declared carried as approved unanimously under Consent Agenda. cw' WARRANT REGISTER: 2016 PROPERTY TAX LEVY: Page 5 of 10 12/5/16 MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Smith, Chair Alderman Sayad stated that he objects to paying invoices from Holland & Knight because we could get them cheaper by an outside or in house service. Moved by Haugeberg and seconded by Chester, to recommend to the City Council approval of the December 5, 2016 — Warrant Register, in the total amount of $7,635,821.09; and further recommend that Resolution R-184-16 be adopted at appropriate time this evening. Motion declared carried. Assistant City Manager/Director of Finance reviewed her Memorandum dated November 15, 2016 regarding the 2016 Property Tax Levy and answered questions from the Aldermen. Moved by Chester, seconded by Rodd, to recommend to the City Council approval of the 2016 Property Tax Levy. Motion declared carried. 2017 BUDGET: Assistant City Manager/Director of Finance reviewed her Memorandum dated November 15, 2016 regarding the 2017 Annual Budget. At the December 19, 2016 City Council Meeting, Alderman Sayad stated that upon further consideration, he would have abstained voting on the money allocated for the Des Plaines Community Foundation since he is a member of the Board of Directors. The City Council unanimously voted to allow the minutes of the December 5, 2016 City Council meeting to reflect this comment. Moved by Charewicz, seconded by Haugeberg, to recommend to the City Council approval of the 2017 Annual Budget. Motion declared carried. COMMUNITY DEVELOPMENT — Aldennan Charewicz, Chair COND. USE/ Senior Planner Bye reviewed her Memorandum of November 4, 2016 regarding 1550 S. MT. consideration of a Conditional Use for 1550 S. Mount Prospect Road. Petitioner PROSPECT RD.: Tim Nguyen, 5014 Broadway Street, Chicago, Illinois, is requesting a Conditional Use permit under Section 7.3-6.0 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to operate a Food Processing Establishment in the C-3 Zoning District. The petitioner proposes to operate a bakery, cooking kitchen, and meat processing department within the roughly 12,000 square -foot building for the production of Vietnamese pork sausage and mini baguettes. The proposed occupant, 3Le Foods Corporation, would receive pork from the slaughterhouse, use a meat stuffer to create sausages, steam cook the sausages, then chill, package, and ship the final product. The building is currently vacant and was previously used as a retail space. 3Le Foods Corporation would operate Monday -Friday, 6:00 a.m. to 5:00 p.m., and occasionally on Saturdays. (.1() Page 6 of 10 12/5/16 COND. USE/ Production would take place 6:00 a.m. to 2:30 p.m., with packaging, labeling and 1550 S. MT. shipping taking place between 2:30 p.m. and 3:30 p.m. 3Le Foods Corporation PROSPECT RD.: will employ between 6 and 10 employees. A request to waive the traffic study (Cont'd) requirement was granted after review by staff based on the proposed site plan and size of the operation. The Planning and Zoning Board (PZB) met on November 8, 2016 to consider the Conditional Use. The Petitioner presented the proposed meat processing facility information. One member of the public spoke with concerns about food waste and the potential to attract rodents. The petitioner clarified that he will not process meat daily and that food waste will be picked up every other day. He stated that he has an existing meat processing facility in Chicago and that he has not had an issue with rodents or odors and that he has had no complaints from neighbors regarding this issue. The PZB concurred with the petitioner's plan of operation and should there be any issues, would like waste to be picked up more frequently. The Planning and Zoning Board recommended (7-0) that the City Council approve the Conditional Use permit for a food processing establishment in the C-3 General Commercial District. Staff recommended approval of the requested Conditional Use based upon the facts and circumstances presented in the staff report. Ms. Bye answered questions from the Aldermen. Moved by Rodd, seconded by Sayad, to recommend to the City Council approval of Ordinance Z-31-16 at appropriate time this evening. Motion declared carried. MAJOR Senior Planner Bye reviewed her Memorandum of November 22, 2016 regarding VARIATIONS/ Major Variation for 645 Meadow Drive, Case #16-068-V. Petitioners Mark and 645 MEADOW Tricia Johler are requesting a Major Variation to Section 12-8-1 of the 1998 City DR.: of Des Plaines Zoning Ordinance, as amended, to allow for the construction of two (2) accessory garages for a proposed single-family home and an 896 square - foot detached accessory garage where a maximum of 150 square feet is permitted for a detached accessory structure in the R-1 zoning district. The Planning and Zoning Board recommended (7-0) that the City Council approve the major variation to allow for the construction of two (2) accessory garages for a proposed single-family home and an 896 square -foot detached accessory garage where a maximum of 150 square feet is permitted for a detached accessory structure in the R-1 zoning district. Based on the characteristics of the surrounding homes and neighborhood, Staff recommended denial of the variation. The Planning and Zoning Board determined that the size of the lot warranted the additional garage space. Ms. Bye answered questions from the Aldermen. Page 7 of 10 12/5/16 Moved by Smith, seconded by Robinson, to recommend to the City Council approval of Ordinance Z-32-16 at appropriate time this evening. Motion declared carried. EXTENSION OF Community and Economic Development Director McMahon reviewed his APPROVAL/ Memorandum of November 14, 2016 regarding a Requested Extension of COND. USE/ Approval — Conditional Use and Variation at 1529 Rand Road, Motor Vehicle VARIATION/ Sales Operation, Case #15 -058 -CU -V. Conditional Use Case #15 -058 -CU -V 1529 RAND RD.: under Section 12-7.3-F-3 and a major variation to Section 12-7-3-1 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize a motor vehicle sales operation, on a site less than 25,000 square feet in the C-3 Zoning District. AMEND CITY CODE/ LICENSING OF SOLICITORS: The City Council granted approval of the subject zoning application on October 19, 2015. Pursuant to Sections 12-3-4.H.1. and 12-3-6.L.1., the City's approval of this request expires after one year unless a building permit is issued and construction is actually begun within that period. The applicant has opened two new locations and has requested a 12 month extension of the approval. The City Council must approve the request to grant the extension of the conditional use and major variation. Staff recommends the City Council approve the request. Petitioner Adam Jidd appeared before the Committee of the Whole answering questions from the Aldermen. Moved by Rodd, seconded by Smith, to recommend to the City Council approval of Ordinance Z-33-16 at appropriate time this evening. Motion declared carried. Aldermen Haugeberg and Robinson did not agree. BUILDING CODE — Alderman Robinson, Chair Community and Economic Development Director McMahon reviewed his Memorandum of November 14, 2016 regarding amending the City Code regarding Licensing of Solicitors. At the July 18, 2016 City Council meeting, a resident expressed concerns regarding contractors soliciting homeowners for home repairs and the current requirements to obtain a solicitors license. The issue was referred to the Building Code Committee. City staff began working with Alderman Robinson to review the current code. It was determined by Director of Community and Economic Development Director, Mike McMahon that the cuiTent code in its entirety needed to be amended to update and clarify the regulations pertaining to solicitors. One main deficiency identified in the code was that the Police Department does not have any authority to issue citations for improper solicitation. The proposed changes will give the Police Department the authority to issue citations, suspend and revoke licenses. The following are the major proposed changes: • Authorize the Police Department to issue citations for solicitors that did not obtain a license; • Limit the duration of each license to a sixty (60) day period; • Require a solicitor applicant to sign a statement that they understand it is unlawful to solicit at a property that displays a "No Solicitation" sign or to AMEND CITY CODE/ LICENSING OF SOLICITORS: (Cont'd) UNFINISHED BUSINESS: ORDINANCE Z-30-16 TEXT AMENDMENT/ PUD: NEW BUSINESS: WARRANT REGISTER: Resolution R-184-16 Page 8 of 10 12/5/16 not immediately leave private property after the occupant has asked the solicitor to leave; • Expand the exceptions to the solicitor ordinance; • Update the fee schedule to reflect the 60 -day license term; and • Clarify the requirements pertaining to solicitation on public property. Staff recommends that the City Council adopt Ordinance M - 58 -16 amending the City Code regarding the licensing of Solicitors. Discussion was held regarding increasing the permit to $100. Moved by Haugeberg, seconded by Sayad, to recommend to the City Council approval of Ordinance M-58-16, as amended, at appropriate time this evening. Motion declared carried. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Discussion was held. Economic Development Coordinator Pruss answered questions from the Aldermen. Moved by Charewicz, seconded by Rodd, to adopt Ordinance Z-30-16, AN ORDINANCE AMENDING THE TEXT OF THE CITY ZONING ORDINANCE REGARDING PLANNED UNIT DEVELOPMENT STANDARDS (CASE# 16- 045 -TA). Upon roll call, the vote was: AYES: 5 -Rodd, Sayad, Chester, Smith, Charewicz NAYS: 2-Haugeberg, Robinson, ABSENT: 1 -Brookman Motion declared carried. Moved by Smith, seconded by Charewicz, to concur with recommendation of Committee of the Whole to adopt Resolution R-184-16, 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: $7,635,821.09. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. 2016 PROPERTY TAX LEVY: Ordinance M-59-16 ORDINANCE M-59-16 2016 PROPERTY TAX LEVY: 2017 BUDGET: Resolution R-185-16 COND. USE/ 1550 S. MT. PROSPECT RD.: Ordinance Z-31-16 Page 9 of 10 12/5/16 Moved by Smith, seconded by Sayad, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance M-59-16, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2017 AND ENDING DECEMBER 31, 2017. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. Moved by Smith, seconded by Charewicz, to advance to Second Reading and adopt Ordinance M-59-16, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2017 AND ENDING DECEMBER 31, 2017. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. Moved by Smith, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Resolution R-185-16, A RESOLUTION APPROVING THE 2017 ANNUAL BUDGET FOR THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Brookman Motion declared carried. At the December 19, 2016 City Council Meeting, Alderman Sayad stated that upon .further consideration, he would have abstained voting on the money allocated for the Des Plaines Community Foundation since he is a member of the Board of Directors. The City Council unanimously voted to allow the minutes of the December 5, 2016 City Council meeting to reflect this comment. Moved by Charewicz, seconded by Sayad, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-31-16, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A FOOD PROCESSING ESTABLISHMENT ON A SITE IN THE C-3 ZONING DISTRICT AT 1550 S. MOUNT PROSPECT ROAD, DES PLAINES, ILLINOIS. (CASE #16 -072 -CU). Upon roll call, the vote was: �p AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Brookman MAJOR VARIATIONS/ 645 MEADOW DR.: Ordinance Z-32-16 EXTENSION OF APPROVAL/ COND. USE/ VARIATION/ 1529 RAND RD.: Ordinance Z-33-16 AMEND CITY CODE/ LICENSING OF SOLICITORS: Ordinance M-58-16 Page 10 of 10 12/5/16 Motion declared carried. Moved by Charewicz, seconded by Rodd, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-32-16, AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 12-8- 1 OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 645 MEADOW DRIVE, DES PLAINES, ILLINOIS (CASE #16-068-V). Motion declared carried. Moved by Charewicz, seconded by Sayad, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-33-16, AN ORDINANCE GRANTING AN EXTENSION OF THE CONDITIONAL USE PERMIT AND MAJOR VARIATION FOR 1529 RAND ROAD, DES PLAINES. Motion declared carried. Aldermen Haugeberg and Robinson voted Nay. Moved by Robinson, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance M-58-16, AN ORDINANCE AMENDING THE CODE OF THE CITY OF DES PLAINES REGARDING THE LICENSING OF SOLICITORS, AS AMENDED. Motion declared carried. ADJOURNMENT: Moved by Smith, seconded by Chester, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:24 p.m. APPROVED BY ME THIS 3� loria J. Ludwig, MMC — C,FT]Y CLERK