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08/06/2018CALL TO ORDER: ROLL CALL: 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 6, 2018 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Acting City Clerk Fast at 6:32 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 6, 2018. Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. Absent: Alderman Lysakowski. A quorum was present. Also present were: City Manager Bartholomew, Assistant Director of Finance Kolodziej, Director of Public Works and Engineering Oakley, Director of Community and Economic Development McMahon, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman. MAYOR PRO TEM: Acting City Clerk Fast entertained a motion to appoint a Mayor Pro Tem. Moved by Sayad, seconded by Chester to appoint Alderman Brookman. Upon voice vote, motion declared carried. CLOSED SESSION: Moved by Sayad, seconded by Chester to enter into Closed Session to discuss Personnel. Upon roll call, the vote was: AYES: 7- Robinson, Rodd, Sayad, Brookman Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared unanimously carried. PRAYER AND PLEDGE: CITIZEN PARTICIPATION: CITY CLERK ANNOUNCEMENT: The City Council recessed at 6:33 p.m. The City Council re -convened at 7:08 pm. Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz. Absent: Lysakowski. A quorum was present. The prayer was given by Acting City Clerk Fast, followed by the Pledge of Allegiance to the Flag of the United States of America. Representatives of the Des Plaines Bike and Pedestrian Advisory Committee announced the 7th Annual Des Plaines River Trail Bike Ride will take place on Saturday, September 8, 9:00 a.m. The ride starts and ends at the Historic Methodist Campground. Acting City Clerk Fast announced that Maryville Jen School, 1150 N. River Road, is holding their 4th annual "Jammin' with Jen" fundraiser on Friday, September 14, 6:00-11:00 p.m. CONSENT AGENDA: APPROVE AMENDMENTS TO AGMTS: Consent Agenda Resolution R-155-18 APPROVE TASK ORDER/ENG SVCS/ 2018 CIP CONCRETE: Consent Agenda Resolution R-157-18 APPROVE CHANGE ORDER/SUMIT CONSTRUCTION/ 2017 CIP CONCRETE: Consent Agenda Resolution R-158-18 APPROVE RENEWAL/ SNOWPLOWING/ G&L CONTRACTORS: Consent Agenda Page 2 of 10 08/06/18 Moved by Robinson, seconded by Chester, to establish the Consent Agenda. Motion declared carried unanimously. Moved by Rodd, seconded by Sayad 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. Requests were approved; Minutes were approved; Ordinances M-16-18, M-17-18; Resolutions R-150-18, R-155-18, R-157-18, R-158-18, R-159-18, R-160-18, R-163-18 and R-164-18 were adopted. Moved by Rodd, seconded by Sayad, to adopt Resolution R-155-18, A RESOLUTION APPROVING AMENDMENTS TO INTERGOVERNMENTAL AGREEMENTS WITH THE VILLAGE OF WHEELING FOR DISPATCHING SERVICES AND THE FORMATION OF A JOINT EMERGENCY TELEPHONE SYSTEM BOARD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to adopt Resolution R-157-18, A RESOLUTION APPROVING TASK ORDER NO. 13 FOR CONSTRUCTION ENGINEERING SERVICES FROM CHRISTOPHER B. BURKE ENGINEERING, LTD. IN CONNECTION WITH THE 2018 CIP CONCRETE PROGRAM IN AN AMOUNT NOT -TO -EXCEED $93,600. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to adopt Resolution R-158-18, A RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR THE 2017 CAPITAL IMPROVEMENT PROGRAM, CONCRETE PROGRAM — MFT 17- 00000 -01 -GM WITH SUMIT CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $170,984.44. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to adopt Resolution R-159-18, A RESOLUTION APPROVING A ONE-YEAR RENEWAL TERM OF CONTRACTUAL SNOWPLOWING WITH G&L CONTRACTORS, INC. Motion declared carried as approved unanimously under Consent Agenda. (Cont.) Resolution R-159-18 APPROVE RENEWAL/ SIDEWALK SNOW REMOVAL/ DGO PREMIUM SERVICES: Resolution R-160-18 APPROVE PARKING LEASE AGMT/701 LEE STREET DES PLAINES I&II: Consent Agenda Resolution R-150-18 APPROVE AMENDMENT TO CITY CODE: Consent Agenda Ordinance M-16-18 SECOND READING ORD. M-17-18/ ADDITION OF A PORTION OF DES PLAINES RIVER ROAD TO MUNICIPAL STREET SYSTEM: Consent Agenda ADVERTISE FOR BID/GAS AND DIESEL FUEL PURCHASE AND DELIVERY: Page 3 of 10 08/06/18 Moved by Rodd, seconded by Sayad, to adopt Resolution R-160-18, A RESOLUTION APPROVING A ONE-YEAR RENEWAL TERM OF CONTRACTUAL SIDEWALK SNOW REMOVAL CONTRACT WITH DGO PREMIUM SERVICES COMPANY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to adopt Resolution R-150-18, A RESOLUTION APPROVING A PARKING AREA LEASE AGREEMENT BETWEEN THE CITY OF DES PLAINES AND 701 LEE STREET DES PLAINES I, LLC AND 701 LEE STREET DES PLAINES II, LLC FOR THE LEASE OF CITY -OWNED PROPERTY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to adopt Ordinance M-16-18, AN ORDINANCE APPROVING AMENDMENT TO CITY OF DES PLAINES CITY CODE, TITLE 1, "ADMINISTRATIVE", CHAPTER 8, "POSITION GRADE AND COMPENSATION PLAN", SECTION 4, "COMPENSATION PLAN" TO ESTABLISH PAY GRADE AND SALARY RANGE FOR THE NEWLY CREATED POSITIONS OF SPECIAL EVENTS COORDINATOR AND TRAINING & SAFETY COORDINATOR. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to adopt Second Reading Ordinance M-17-18, AN ORDINANCE PROVIDING FOR THE ADDITION OF DES PLAINES RIVER ROAD FROM HENRY AVENUE TO U.S. ROUTE 12/45/ELK BOULEVARD AND FROM THE NORTH EDGE OF PAVEMENT OF U.S. ROUTE 12/45/ELK BOULEVARD TO HARDING AVENUE, IN ITS ENTIRETY, TO THE MUNICIPAL STREET SYSTEM OF THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to Authorize City Clerk to Advertise for the Gasoline and Diesel Fuel Purchase and Delivery Contract. Motion declared carried as approved unanimously under Consent Agenda. Consent Agenda APPROVE CITY COUNCIL MINUTES: Consent Agenda APPROVE TASK ORDER/AECOM/ POTENTIAL METRA TRAIN STATION: Consent Agenda Resolution R-163-18 APPROVE RELEASE OF ESCROW/ ADVOCATE HEALTH/ 77 RAND ROAD: Consent Agenda Resolution R-164-18 APPROVE TRANSER OF OWNERSHIP/ PACKY'S LIQUOR/ 1440 E OAKTON STREET: Consent Agenda WARRANT REGISTER: Page 4 of 10 08/06/18 Moved by Rodd, seconded by Sayad, to Approve the Minutes of the City Council of July 16, 2018, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to adopt Resolution R-163-18, A RESOLUTION APPROVING TASK ORDER NO. 4 WITH AECOM TO PROVIDE A FEASIBILITY STUDY ON A POTENTIAL METRA TRAIN STATION AT OAKTON STREET IN AN AMOUNT NOT -TO -EXCEED $149,415. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to adopt Resolution R-164-18, A RESOLUTION APPROVING THE RELEASE OF AN ESCROW DEPOSIT IN THE AMOUNT OF $60,000 TO ADVOCATE HEALTH AND HOSPITALS CORPORATION FOR WORK COMPLETED AT 77 RAND ROAD. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Sayad, to recommend to Approve Transfer of Ownership for a Class B — Retail Bulk/Alcohol Primary Sales Liquor License for P&G Liquor, Inc. d/b/a Packy's Liquor Store of Des Plaines, 1440 E. Oakton Street. Motion declared carried as approved unanimously under Consent Agenda. MAYOR PRO TEM BROOKMAN 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 Robinson, to recommend to the City Council approval of the August 6, 2018 — Warrant Register in the Amount of $3,371,479.77 and further recommend that Resolution R-162-18 be adopted at appropriate time this evening. Upon voice vote, motion declared carried. CONSIDER TEXT AMENDMENT TO ZONING ORDINANCE: CONSIDER CONDITIONAL USE/FOOD PROCESSING/ 1523 E OAKTON STREET: Page S of 10 08/06/18 COMMUNITY DEVELOPMENT — Alderman Sayad, Chair Director of Community and Economic Development McMahon reviewed a memorandum dated June 28, 2018. The City of Des Plaines is requesting a Text Amendment to the following sections of the 1998 Des Plaines Zoning Ordinance, as amended: (i) Section 12-7-4.G, Manufacturing Districts Use Matrix, to rename "Auto Sales" to "Motor Vehicle Sales", add "Commercial Motor Vehicle Sales and Leasing" as a conditional use in the M-2 zoning district and add "Research, Testing and Development Industries" as a permitted use in the M-2 zoning district; (ii) Section 12-9-7, Off Street Parking Requirements, to rename "Automotive Sales Lots" to "Motor Vehicle Sales", to amend the off-street parking requirements for "Motor Vehicle Sales", "Commercial Schools" and "Colleges and Universities", and to add off-street parking regulations for "Commercial Motor Vehicle Sales and Leasing"; and (iii) Section 12-13-3, Definitions, to amend the definition term of "Research, Testing and Development Industries", to add definitions for "Commercial Schools" and "Commercial Motor Vehicle Sales and Leasing" and to amend the definition of "Motor Vehicle Sales". The Planning and Zoning Board met on June 26, 2018 to consider the proposed text amendments. The Community and Economic Development Department presented the proposed text amendments and clarified the reasoning behind each amendment. The Planning and Zoning Board reviewed the proposed text amendments and had no inquiries. There was one modification proposed to add the word, "Vehicle" to the proposed Definition of "Commercial Vehicle Sales and Leasing" to be consistent with the rest of the proposed text amendment. The Planning and Zoning Board recommended (6-0) that the City Council approve the proposed text amendments. Staff recommended approval of Ordinance Z-23-18. Moved by Charewicz, seconded by Rodd, to recommend that Ordinance Z-23-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. Director of Community and Economic Development McMahon reviewed a memorandum dated July 13, 2018. The petitioners, Nour Eldeen Masri and Mohammad Aruri, are requesting a Conditional Use Permit in order to operate a catering business at 1523 E. Oakton Street. The roughly 700 square -foot tenant space is located in the front of the building, facing Oakton Street, and was previously occupied by a catering business that left in 2015 after more than two decades there. The proposed new catering business, Nour's Kabab Catering, would be open from 9:OOam to 10:OOpm daily and serve Middle Eastern food for pickup and delivery. They would have three employees. (Cont.) Page 6 of 10 08/06/18 There are no on-site parking spaces available on the subject property. As the building was previously utilized by a catering business at the time the current Zoning Ordinance was established, no parking spaces are required per Section 12-9-2(D) of the code. The petitioners do have a lease agreement for one parking space across the street at 1580 S. Cora Street. Staff requests as a condition that a parking lease agreement for a minimum of one legal parking space remain in effect as long as Nour's Kabab Catering is operating from the subject property. Per the City's Sanitarian, the applicants must confirm, in writing, that they have read the food service construction provisions provided to them and agree to comply with those standards. The Sanitarian has also stated that no public seating or eating is permitted on premises due to the fact that there are no ADA -approved washrooms. The Planning and Zoning Board met on July 10, 2018 to review the proposal. The Community and Economic Development Department recommended approval of the Conditional Use Permit for a food processing establishment at 1523 E. Oakton Street, subject to the following conditions: 1. The parking lease agreement for one (1) parking space be maintained as long as Nour's Kabab Catering is operating from the subject property. 2. The applicants confirm in writing that they have read the food service construction provisions provided to them and agree to comply with those standards. 3 No public seating or eating is permitted on premises due to the fact that there are no ADA -approved washrooms. Additionally, while catering orders could be picked up, staff stated that the proposed business could not operate like a restaurant and take walk-up orders from customers. Staff stated that while restaurants are a permitted use in this zoning district, on-site parking would be required if the petitioners were proposing this use. The petitioners confirmed that they would only offer pre- arranged catering and would not offer individual meals as a restaurant would. The Planning and Zoning Board recommended (6-0) that the City Council approve the Conditional Use Permit for a food processing establishment at 1523 E. Oakton Street. Staff recommended approval of Ordinance Z-24-18 subject to the conditions listed above. Moved by Robinson, seconded by Charewicz, to recommend that Ordinance Z-24-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. CONSIDER Director of Community and Economic Development McMahon reviewed a AMENDMENTS TO memorandum dated July 13, 2018. PUD AND FINAL (Cont.) PLAT OF SUBDIVISION/ 150 N EAST RIVER ROAD: Page 7 of 10 08/06/18 The petitioner and property owner, Vanguard Des Plaines Apartments, LP, proposes amendments to Ordinance Z-11-17 approving a Planned Unit Development (PUD) and Plat of Subdivision for a four-story, 236 -unit apartment building at 150 N. East River Road. The PUD and Plat of Subdivision were approved by the City Council on May 1, 2017. The development was originally approved with the site entrance located in the middle of the property, directly adjacent to the I-294 off -ramp. However, as a result of requested changes from the Cook County DOT, the site entrance has been moved to the north part of the site. This constitutes a major change to the approved PUD. The new access point maintains one ingress lane and two egress lanes, the same amount of lanes as previously approved. A proposed northbound left turn lane has been added within the existing striped median in the adjacent East River Road right-of-way in order to provide a dedicated turn lane for vehicles entering the site. Additionally, the Cook County DOT required that the new plan remove the western leg of the existing signalized intersection at the I-294 off -ramp. The major characteristics of the site and building have not been altered. However, minor changes to the interior of the site have resulted from the change to the entrance, including: The total number of parking spaces has been reduced from 480 to 478. The internal drive aisle east of the building has been modified to work with the new East River Road entrance location. The proposed sidewalks east of the building have been modified to work with the new entrance location. The proposed grading, utilities, stormwater management, and pavement designs for areas east of the building have been updated to reflect the new site plan. The proposed pool area has been revised to be consistent with current regulations. As a result of Cook County requiring additional right-of-way dedication, the total land area has been reduced to 323,334 square feet. As the number of units has stayed the same, an additional PUD amendment requested is a reduction to 1,370 square feet of lot area per dwelling unit. Finally, with the change in the entrance on East River Road, the Community and Economic Development and Public Works and Engineering Departments have requested a second form of ingress and egress for the site. This has been identified for Golf Road, through Lot 3, which is to be developed by others. Staff is requesting that a connecting road from Golf Road to the subject property be constructed prior to occupancy of the apartment building. This is a proposed condition of approval. IDOT will require Golf Road to be widened in order to accommodate the site entrance. The Planning and Zoning Board met on July 10, 2018 to review the proposal. The Planning and Zoning Board expressed concern over traffic in the area, particularly during morning and evening rush hour. They inquired about the proposed access to Golf Road and what can be done to ensure that the entrance to the site off of N. East River Road remains clear, even during rush hour traffic. (Cont.) Page 8 of 10 08/06/18 The Community and Economic Development Department recommended approval of the amended PUD and Plat of Subdivision, subject to the following conditions: 1. A cross access easement agreement between the subject property owner and the owner of Lot 3 to the south (First American), for access to Golf Road from the subject property, be recorded prior to the recording of the Final Plat of Subdivision. 2. All signature blocks on the Final Plat of Subdivision must be accurate per the Des Plaines Subdivision Plat Blocks document. 3. The entrance off of Golf Road, Golf Road lane widening, and connecting road (with curb, gutter, and drainage) to the subject property are required to be built prior to occupancy of the apartment building. The Planning and Zoning Board recommended (5-1) that the City Council approve the amendments to Ordinance Z-11-17. Staff recommended that the City Council adopt Ordinance Z-25-18 subject to the conditions listed above. Moved by Charewicz, seconded by Chester to recommend that Ordinance Z-25-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. Alderman Robinson did not agree. COMMUNITY SERVICES — Alderman Malcolm Chester, Chair CONSIDER 2018 Alderman Chester requested that Resolution R-161-18, Consideration of Grant SOCIAL SERVICES Recipients for 2018 Social Services Program Funding in an Amount Not -to - FUNDING: Exceed $150,000 be deferred until the next City Council meeting. Moved by Chester, seconded by Smith to deferred this item to the August 20, 2018 City Council meeting. Upon voice vote, motion declared carried. WITHOUT OBJECTION, MAYOR PRO TEM BROOKMAN DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION NEW BUSINESS; WARRANT Moved by Charewicz, seconded by Smith, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R-162-18, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE Resolution FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR R-162-18 AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,371,479.77. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman Smith, Chester, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. APPROVE TEXT AMENDMENTS TO THE ZONING ORDINANCE: Ordinance Z-23-18 APPROVE CU PERMIT FOR FOOD PROCESSING/ 1523 E OAKTON STREET: Ordinance Z-24-18 FINAL PLAT OF PUD AND FINAL PLAT OF SUBDIVISION/ 150 N EAST RIVER ROAD: Ordinance Z-25-18 2018 SOCIAL SERVICE FUNDING: Resolution R-161-18 ADJOURNMENT: Page 9 of 10 08/06/18 Moved by Sayad, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Ordinance Z-23-18, AN ORDINANCE APPROVING THE AMENDMENTS OF TEXT OF VARIOUS SECTIONS OF THE DES PLAINES ZONING ORDINANCE. Upon voice vote, motion declared carried. Moved by Sayad, seconded by Robinson, to concur with recommendation of Committee of the Whole to adopt Ordinance Z-24-18, AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR A FOOD PROCESSING ESTABLISHMENT IN THE C-3 ZONING DISTRICT AT 1523 E. OAKTON STREET. Upon voice vote, motion declared carried. Moved by Sayad, seconded by Chester, to concur with recommendation of Committee of the Whole to adopt Ordinance Z-25-18, AN ORDINANCE AMENDING AND RESTATING ORDINANCE Z-11-17 WHICH APPROVED A FINAL PLAT OF PLANNED UNIT DEVELOPMENT WITH A PERMITTED EXCEPTION AND A FINAL PLAT OF SUBDIVISION FOR THE PROPERTY LOCATED AT 150 N. EAST RIVER ROAD, DES PLAINES, ILLINOIS. Upon voice vote, motion declared carried. Alderman Robinson did not agree. Moved by Sayad, seconded by Rodd, to Advance to Second Reading and to adopt Ordinance Z-25-18, AN ORDINANCE AMENDING AND RESTATING ORDINANCE Z-11-17 WHICH APPROVED A FINAL PLAT OF PLANNED UNIT DEVELOPMENT WITH A PERMITTED EXCEPTION AND A FINAL PLAT OF SUBDIVISION FOR THE PROPERTY LOCATED AT 150 N. EAST RIVER ROAD, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 6 -Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS : 1 -Robinson ABSENT: 1-Lysakowski Motion declared carried. Resolution R-161-18, Approving Grant Recipients for 2018 Social Services Program Funding in an Amount Not -to -Exceed $150,000 was deferred until the August 20, 2018 City Council meeting. Moved by Sayad, seconded by Robinson, to adjourn the meeting. Motion declared carried. The meeting adjourned at 8:14 p.m. APPROVED DAY OF ME THIS M-17:- , 2018 Matthew OR Page 10 of 10 08/06/18 r tifilti Laura Fast — ACTING CITY CLERK