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09/17/2018MINUTES 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, MONDAY, SEPTEMBER 17 , 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 6:04 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, September 17, 2018. ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present. CLOSED SESSION: Moved by Rodd, seconded by Sayad to enter into Closed Session to discuss Personnel, Sale or Lease of Property and Probable and Imminent 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 unanimously carried. The City Council recessed at 6:04 p.m. The City Council re -convened at 7:02 pm. 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 PLEDGE: The prayer was given by Cathy Seng of Bahai Community, followed by the Pledge of Allegiance to the Flag of the United States of America. CITIZEN Resident Garland Armstrong announced upcoming events for the Alzheimer's PARTICIPATION: Association and Juvenile Diabetes Research Foundation. The Knights of Columbus will be conducting a Tootsie Roll Drive on Friday, September 21, 2018 to benefit individuals with intellectual disabilities. SWEARING-IN Police Chief Kushner announced the Promotion of Matt Bowler from Police CEREMONY: Officer to Sergeant. Mayor Bogusz administered the Official Oath and congratulated Sergeant Bowler. CITY CLERK City Clerk Tsalapatanis announced petition circulation for the April 2, 2018 ANNOUNCEMENT: election begins September 18 for the Office of Alderman for Wards 2, 4, 6 and 8. (Cont.) CONSENT AGENDA: APPROVE LETTER OF CREDIT/ COVINGTON PLACE/ 150 N EAST RIVER ROAD: Consent Agenda Resolution R-177-18 AWARD BID/ LIBRARY SEALANT/ OTTO BAUM CO: Consent Agenda Resolution R-178-18 AWARD BID/ GAS AND DIESEL/ GAS DEPOT OIL: Consent Agenda Resolution R-179-18 Page 2 of 9 09/17/18 More information is available on the city's website or by contacting the Clerk's Office. The Des Plaines Police Association is holding their 81' Annual Fundraising Dinner/Dance on Friday, October 19 at Cafe La Cave. Proceeds of the event will help fund many youth activities in the Des Plaines area. Moved by Sayad, seconded by Rodd, to establish the Consent Agenda. Motion declared carried unanimously. Moved by Sayad, seconded by Brookman, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8- Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Requests were approved; Minutes were approved; Ordinance Z-27-18; Resolutions R-177-18, R-178-18, R-179-18, R-182-18 were adopted. Moved by Sayad, seconded by Brookman, to Adopt Resolution R-177-18, A RESOLUTION APPROVING FIRST REDUCTION IN SUBDIVISION IMPROVEMENT LETTER OF CREDIT FOR THE COVINGTON PLACE DEVELOPMENT, 150 N. EAST RIVER ROAD, IN THE AMOUNT OF $1,110,266.87. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Resolution R-178-18, A RESOLUTION AWARDING BID FOR THE LIBRARY EXTERIOR SEALANTS CONTRACT TO LOW BIDDER OTTO BAUM CO., INC., 866 N. MAIN STREET, MORTON, ILLINOIS IN THE AMOUNT OF $87,300 WITH ADDITIONAL UNIT PRICING SUBMITTED FOR JOINT SEALANTS AND BACKER ROD REPLACEMENT. BUDGETED FUNDS — TIF #1/R&M BUILDINGS AND STRUCTURES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Resolution R-179-18, A RESOLUTION AWARDING BID OF THE 2019-20 PURCHASE AND DELIVERY OF UNLEADED GASOLINE AND DIESEL FUEL TO LOW BIDDER GAS DEPOT OIL COMPANY, 8930 N. WAUKEGAN ROAD, MORTON GROVE, ILLINOIS IN THE TOTAL AMOUNT OF $280,000 FOR GASOLINE AND $139,000 FOR DIESEL. BUDGETED FUNDS — GENERAL, VEHICLE MAINTENANCE/GASOLINE AND DIESEL, (Cont.) AWARD BID/ STREET & UTILITY MQ CONSTRUCTION: Consent Agenda Resolution R-182-18 APPOINTMENT: SECOND READING ORD. Z-27-18: Consent Agenda APPROVE CITY COUNCIL MINUTES: Consent Agenda APPOINTMENTS: Page 3 of 9 09/17/18 WATER/GASOLINE AND DIESEL AND SEWER/GASOLINE AND DIESEL ACCOUNTS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Resolution R-182-18, A RESOLUTION AWARDING BID OF THE 2018 CONTRACT D STREET & UTILITY IMPROVEMENTS TO LOW BIDDER MQ CONSTRUCTION CO., 4323 N. CENTRAL AVENUE, CHICAGO, IL IN THE AMOUNT OF $974,745.50. BUDGETED FUNDS — CAPITAL PROJECTS. Motion declared carried as approved unanimously under Consent Agenda. Approve the September 4, 2018 Appointment of Chris Renkosiak to the Library Board of Trustees — Term to Expire June 30, 2019. Moved by Sayad, seconded by Brookman, to adopt Second Reading Ordinance Z-27-18, AN ORDINANCE APPROVING AN AMENDMENT TO ELIMINATE CONDITION 6.B AND EXHIBIT B FROM Z-7-18, WHICH APPROVED A TENTATIVE AND FINAL PLAT OF SUBDIVISION FOR 1405 OXFORD ROAD AND A VARIATION FROM SECTION 13-2-5.R OF THE CITY OF DES PLAINES SUBDIVISION REGULATIONS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to Approve the Minutes of the City Council of September 4, 2018, as published. Motion declared carried as approved unanimously under Consent Agenda. (for consideration only — no action required) YOUTH COMMISSION MARY DANKOWSKI BOB NEIL RONALD BURTON JOSEPHINE AL-NAEMY JOANIE SEBASTIAN DARREN BROWN ERIN MOY ROSALIE CULLOTTA GLORIA LUDWIG TERM TO EXPIRE 09/04/2022 09/04/2022 09/04/2022 09/04/2022 09/04/2020 09/04/2020 09/04/2020 09/04/2020 09/04/2020 MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Charewicz, Chair WARRANT REGISTER: Page 4 of 9 09/17/18 Alderman Charewicz presented the Warrant Register for consideration. Moved by Rodd, seconded by Chester, to recommend to the City Council approval of the September 17, 2018 — Warrant Register in the Amount of $4,073,268.99 and further recommend that Resolution R-180-18 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. Upon voice vote, motion declared carried. COMMUNITY DEVELOPMENT — Alderman Sayad, Chair CONSIDER Economic Development Coordinator Patrick Ainsworth reviewed a BUSINESS memorandum dated August 29, 2018. ASSISTANCE/ RESTON INC./ Sergey Mezhericher from Reston Inc., 76 Broadway Street, has filed a business 76 BROADWAY assistance application requesting $20,000 under the Interior Build -Out, Facade, STREET: and Awning programs to construct an art studio where silicon masks are made and sold on site. The vacant 6,500 square foot building was originally constructed in 1956 and was purchased by the applicant in October 2017. The applicant is currently improving the building to modernize the facility with new a retail/reception area, a full kitchen, remodeled bathrooms, new exterior and interior lighting fixtures, new front facade enhancements including upgraded windows and new exterior lighting and new awnings. After all improvements are done, the building will be occupied by the applicant's retail business and employ two to four people. The estimated cost of improvements are $62,830. Staff recommended approval of Business Assistance Program application. Moved by Smith, seconded by Charewicz to Approve the Business Assistance Program for Interior Build -Out, Facade, and Awning for Reston Incorporated, 76 Broadway Street; and further recommend that Resolution R-181-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. CONSIDER CU Director of Community and Economic Development McMahon reviewed a PERMIT/ memorandum dated August 28, 2018. ALT. SIGN REGULATION/ The petitioner, Marisa Conforti, of Partnership Financial Credit Union, is 22-58 E requesting a Conditional Use under Section 12-11-8 of the 1998 Des Plaines NORTHWEST Zoning Ordinance, as amended, for a Localized Alternative Sign Regulation to HWY: allow for two electronic message boards and three freestanding signs for Cumberland Commons at 22-58 E. Northwest Highway. This additional freestanding sign would bring the total number of freestanding signs to three for this property. The Cumberland Commons shopping center is comprised of two buildings. The larger building is setback farther from Northwest Highway and houses the Frisbie Senior Center as well as other commercial tenants. The smaller building, the outlot, houses Partnership Financial Credit Union (a new tenant) and Edward (Cont.) Page 5 of 9 09/17/18 Jones. The outlot is owned by Partnership Financial Credit Union, while the rest of the site is owned by the Senior Center; however, as this functions as a single shipping center, staff has requested approval of a Localized Alternative Sign Regulation so that signage can be reviewed and considered for the entire site. The first new sign proposed is a 2'5" by 10' EMB panel to be added to the existing multi -tenant sign. The second sign proposed is an additional freestanding sign at the corner of Northwest Highway and Village Court. This sign is proposed to be 6' wide and 3'4" tall (20 square feet in area), with a total height of 6' from grade. The sign is proposed to be 3' from the side lots lines, when a 5' setback is required per code. The encroachment into the required 5' setback is requested as part of the Conditional Use for a Localized Alternative Sign Regulation. As only one EMB is permitted per zoning lot, approval of the Conditional Use for a Localized Alternative Sign Regulation is required for the second EMB. Per the Zoning Ordinance, landscaping is required for the base of all freestanding signs. The Planning and Zoning Board, recommended (6-0) that the City Council approve the Conditional Use subject to the following conditions: 1. Three feet of landscaping in all directions be provided at the base of the new freestanding sign, per the standards set forth in Section 12-11-4(G), as well as for both the existing freestanding signs. This landscaping shall be comprised of low-lying evergreen shrubs, perennials, and annuals. 2. The new EMB advertise for Cumberland Commons only Staff recommended approval of Z-29-18. Moved by Sayad, seconded by Rodd to Approve a Conditional Use Permit for a Localized Alternative Sign Regulation at 22-58 E. Northwest Highway; and further recommend that Ordinance Z-29-18, AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR A LOCALIZED ALTERNATIVE SIGN REGULATION AT 22-58 E. NORTHWEST HIGHWAY be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. Alderman Smith abstained. Moved by Sayad, seconded by Brookman, to Advance to Second Reading and adopt Ordinance Z-29-18, AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR A LOCALIZED ALTERNATIVE SIGN REGULATION AT 22-58 E. NORTHWEST HIGHWAY. Upon roll call, the vote was: AYES: 7- Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS: 0 -None ABSENT: 0 -None ABSTAIN: 1 -Smith Motion declared carried. CONSIDER TEXT Director of Community and Economic Development McMahon reviewed a AMENDMENT/ memorandum dated August 28, 2018. Page 6 of 9 09/17/18 ALLOW Section 5-3-1(H) of the Municipal Code prohibits the keeping of bees within 1/ BEEKEEPING/ of a mile of any residence, school, church or other place of public gathering within EDUCATIONAL City limits. This effectively prevents most properties from having an apiary. PURPOSES: (Cont.) The Mount Prospect Park District would like to install and manage an apiary for educational purposes at Friendship Park Conservatory. Because the park is surrounded by residences on all sides, the property is not permitted to have an apiary per the above code section. The proposed apiary would be used to educate visitors on the importance of honeybees, dangers to honeybees, and their conservation. At the August 20, 2018 City Council meeting, the Legal and Licensing Committee discussed an amendment to the Municipal Code to allow for beekeeping on non-residential properties for educational purposes. It was determined that beekeeping could be permitted, under the following conditions: • Up to four (4) beehives can be kept and maintained on approved properties. • The beehives must be used for educational purposes only. • The beehives must be located no closer than 250 feet from a residence. • Beekeepers must register their beehive(s) with the Illinois Department of Agriculture and provide proof of registration to the City. The above conditions would allow the Mount Prospect Park District to keep bees at Friendship Park Conservatory. Other parks, schools, and community sites may also be permitted to keep bees, subject to meeting these conditions. Staff recommended approval of Ordinance M-19-18 under certain conditions. At the request of the committee, staff will recommend to the Mount Prospect Park District to have a few EpiPens available in case of an emergency. Moved by Brookman, seconded by Charewicz to Approve an Amendment to City of Des Plaines Code to Allow Beekeeping for Educational Purposes; and further recommend that Ordinance M-19-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. CONSIDER MAP Director of Community and Economic Development McMahon reviewed a AMENDMENT/ memorandum dated August 29, 2018. PRELIMINARY PUD AND TENT. The petitioner, Dan Pontarelli, is proposing a 67 -unit, age -restricted (62 years and SUB. older) apartment building at 946 North Avenue. The development site is 946 NORTH comprised of six individual lots that combined are 3.54 acres in size. Currently, AVENUE: these parcels of land are zoned M-2 General Manufacturing and R-1 Single - Family Residential and are occupied by a vacant industrial building. Multiple - family residential is not permitted in the above-mentioned zoning districts; as a result, the petitioner is seeking to rezone the parcels to the R-3 Townhouse Residential District, where this type of development is allowed. (Cont.) NEW BUSINESS; WARRANT REGISTER: Page 7 of 9 09/17/18 There are 67, one -bedroom apartments proposed for the site, all to be located in a single two- and three-story brick building. The petitioner is proposing 66 in - building parking spaces and 68 surface parking spaces, for a total of 134. As two parking spaces per dwelling unit are needed per the Zoning Ordinance, the number of parking spaces provided satisfies this requirement. The petitioner was previously before the Planning and Zoning Board and City Council in 2017 for approval of a similar project. The proposed age -restricted apartment building was denied by the City Council at that time. Though a similar concept and building location, please note the following changes between last year's plan and the current submittal: reduction in the number of units from 70 to 67, reduction in the height of the building to two stories in some parts, reduction in the size of the detached garage from 1,315 square feet to 350 square feet, change in the location of the east site entrance to the middle of the frontage, and elimination of the active recreation area between the two homes at 938 and 952 North Avenue. The petitioner has waited one year to submit this application, which is the required timeframe per the Zoning Ordinance. The Planning and Zoning Board recommended (4-2) that the City Council approve the Map Amendment and Preliminary PUD, subject to conditions. The Planning and Zoning Board approved (4-2), the Tentative Plat of Subdivision, subject to conditions. Staff supported the proposed rezoning from M-2 General Manufacturing and R-1 Single -Family Residential to R-3 Townhouse Residential, as well as the proposed age -restricted, multiple -family apartment building. Though the Comprehensive Plan calls for this area to be single-family residential, this type of development is not likely given the proximity to multiple railroad tracks and other industrial facilities. Norman Hassinger, President of Hoffman Homes, highlighted the facets of the development and discussed the changes that were made from last year's proposal. Bill Hoff of Valbridge Property Advisors answered questions and reviewed the study of the apartment market in and around Des Plaines. Data clarification was requested from Mr. Hoff for independent living, independent living with extra amenities and assisted living. Moved by Sayad, seconded by Brookman.to defer this consideration until the next City Council meeting. Upon voice vote, motion declared carried. WITHOUT OBJECTION, MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION Moved by Charewicz, seconded by Smith, to concur with recommendation of Committee of the Whole to adopt Resolution R-180-18, BE IT RESOLVED BY Resolution R-180-18 (Cont.) BUSINESS ASSISTANCE GRANTS/ 76 BROADWAY STREET: Resolution R-181-18 APPROVE ALT. SIGN/CU PERMIT/ 22-58 E NORTHWEST HWY: Ordinance Z-29-18 APPROVE AMENDMENTS TO CITY CODE/ BEEKEEPING: Ordinance M-19-18 Page 8 of 9 09/17/18 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: $4,073,268.99. *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. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, *Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-181-18, A RESOLUTION APPROVING A BUSINESS ASSISTANCE PROGRAM FOR INTERIOR BUILD -OUT, FACADE, AND AWNING FOR RESTON INCORPORATED, 76 BROADWAY STREET. 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-29-18, AN ORDINANCE FOR A CONDITIONAL USE PERMIT FOR A LOCALIZED ALTERNATIVE SIGN REGULATION AT 22-58 E. NORTHWEST HIGHWAY. Upon voice vote, motion carried. Alderman Smith abstained. Moved by Sayad, seconded by Brookman, to Advance to Second Reading and adopt Ordinance Z-29-18, AN ORDINANCE FOR A CONDITIONAL USE PERMIT FOR A LOCALIZED ALTERNATIVE SIGN REGULATION AT 22- 58 E. NORTHWEST HIGHWAY. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS: 0 -None ABSENT: 0 -None ABSTAIN: 1 -Smith Motion declared carried. Moved by Sayad, seconded by Robinson, to concur with recommendation of Committee of the Whole to adopt Ordinance M-19-18, AN ORDINANCE APPROVING AN AMENDMENT TO CITY OF DES PLAINES CODE TO ALLOW BEEKEEPING FOR EDUCATIONAL PURPOSES. Upon voice vote, motion carried. Moved by Sayad, seconded by Robinson, to Advance to Second Reading and adopt Ordinance M-19-18, AN ORDINANCE APPROVING AN (Cont.) APPROVE ZONING MAP AMENDMENT AND PRELIMINARY PUD/946 NORTH AVENUE: ADJOURNMENT: APPROVE 11: Y E THI DAY OF / rti ' %' 118 Page 9 of 9 AMENDMENT TO CITY OF DES PLAINES BEEKEEPING FOR EDUCATIONAL PURPOSES. was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. 09/17/18 CODE TO ALLOW Upon roll call, the vote Moved by Sayad, seconded by Brookman, to defer this item to the October 15, 2018 City Council meeting. Upon voice vote, motion declared carried. Moved by Chester, seconded by Charewicz, to adjourn the meeting. Motion declared carried. The meeting adjourned at 8:33 p.m. Matthew Laura Fast — DEPUTY CITY CLERK