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10/15/2018MINUTES 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, OCTOBER 15 , 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 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, October 15, 2018. ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present. CLOSED Moved by Sayad, seconded by Brookman to enter into Closed Session to discuss SESSION: Lease of Property. 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 6:00 p.m. The City Council re -convened at 7:15 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, Deputy Fire Chief Dyer, Police Chief Kushner, and General Counsel Friedman. PRAYER AND PLEDGE: The prayer was given by Alderman Sayad, followed by the Pledge of Allegiance to the Flag of the United States of America led by the Boy Scouts. CITIZEN Resident Wayne Serbin expressed his concern that Sears Holdings recently PARTICIPATION: announced its bankruptcy and what impact this will have on the Kmart store located in Des Plaines. Resident Garland Armstrong expressed his frustration that Paratransit tickets are not available at Jewel/Osco in Des Plaines. Staff will contact the RTA to inquire if Paratransit tickets can be made available at the Frisbie Senior Center. Cathy Gaertner, 1745 Chestnut, expressed her concern over flooding from the new construction at 1755 Chestnut. Director of Public Works and Engineering Oakley affirmed that although the plans have been approved and two drains have been added city staff will assess the issue after a heavy rain. CITY CLERK Acting City Clerk Fast announced that early voting for the November 6, 2018 ANNOUNCEMENT: election will take place at the Des Plaines Library, October 22 -November 5, 2018. CONSENT AGENDA: ACCEPTING PUBLIC IMPROVEMENTS AND REDUCING GUARANTEE LETTER OF CREDIT/ ORCHARDS AT O' HARE/ 3003 MANNHEIM ROAD: Consent Agenda Resolution R-187-18 APPROVE AGMT./ ALFRED G. RONAN /ADVOCACY SERVICES: Consent Agenda Resolution R-188-18 APPROVE TO REJECT ALL BIDS AND REBID/ HOLIDAY DECORATION: Consent Agenda Page 2 of 8 10/15/18 Without objection, Mayor Bogusz requested that Item 4 of the Consent Agenda be removed from the Agenda this evening. Moved by Sayad, seconded by Brookman, to establish the Consent Agenda. Motion declared carried unanimously. Moved by Sayad, seconded by Rodd, 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. Minutes were approved; Resolutions R-187-18, R-188-18, R-189-18, R-192-18 were adopted. Moved by Sayad, seconded by Rodd, to Adopt Resolution R-187-18, A RESOUTION ACCEPTING THE PUBLIC IMPROVEMENTS AT ORCHARDS AT O'HARE, 3003 MANNHEIM ROAD, AND REDUCING THE PUBLIC IMPROVEMENT GUARANTEE LETTER OF CREDIT TO $48,722.88. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Rodd, to adopt Resolution R-188-18, A RESOLUTION APPROVING AN AGREEMENT WITH ALFRED G. RONAN, LTD., FOR INTERGOVERNMENTAL AND LEGISLATIVE ADVOCACY SERVICES IN THE AMOUNT OF $60,000 — BUDGETED FUNDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Rodd, to adopt Resolution R-188-18, A RESOLUTION REJECTING ALL BIDS FOR THE 2018-2020 HOLIDAY DECORATION CONTRACT AND REBID ITEM AT A LATER DATE. Motion declared carried as approved unanimously under Consent Agenda. (Cont.) Resolution R-189-18 APPROVE AMENDMENT/ 701 LEE STREET/ PARKING AGREEMENT: APPROVE FIVE- YEAR BARGAINING AGMT./MAP240: Consent Agenda Resolution R-192-18 APPROVE CITY COUNCIL MINUTES: Consent Agenda APPROVE CLOSED SESSION CITY COUNCIL MINUTES: Consent Agenda WARRANT REGISTER: CONSIDER RESTAURANT DISTRICT INCENTIVE APPLICATION/ Page 3 of 8 10/15/18 This item was removed by Staff. Moved by Sayad, seconded by Rodd, to adopt Resolution R-192-18, A RESOLUTION APPROVING A FIVE-YEAR COLLECTIVE BARGAINING AGREEMENT WITH THE METROPOLITAN ALLIANCE OF POLICE UNION, DES PLAINES POLICE CHAPTER NO. 240 (MAP 240). Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Rodd, to Approve the Minutes of the City Council of October 1, 2018, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Rodd, to Approve the Closed Session Minutes of the City Council of October 1, 2018, as published. Motion declared carried as approved unanimously 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 Sayad, seconded by Chester, to recommend to the City Council approval of the October 15, 2018 — Warrant Register in the Amount of $5,221,323.04 and further recommend that Resolution R-190-18 be adopted at appropriate time this evening. Upon voice vote, motion declared carried. COMMUNITY DEVELOPMENT — Alderman Sayad, Chair Without objection, item 2c was moved to be discussed first. Economic Development Coordinator Ainsworth reviewed a memorandum dated October 3, 2018. (Cont.) SLYCE PIZZA/ 1504 MINER ST: CONSIDER MAP AMENDMENT/ PRELIMINARY PUD/TENTATIVE PLAT OF SUBDIVISION/ 946 NORTH AVENUE: Page 4 of 8 10/15/18 Laurie Barth and Brittany Barth-Niggeman, on behalf of Slyce Coal Fired Pizza Company (Slyce Pizza), have applied for a Downtown Restaurant Grant requesting $100,000 towards the build -out of a restaurant for the property located at 1504 Miner Street. This building formerly housed Leona's Italian Restaurant which has been vacant since October 2017. The property is currently improved with a single -story building containing a 4,000 square -foot restaurant and bar and a parking lot with four off-street spaces. The restaurant owners and the building owners have entered into a 10 -year lease term with a five-year extension. The restaurant group and the new building owner intend to completely renovate the former restaurant space and improve the interior with a permanent bar, a private banquet room, two permanent coal pizza ovens, a new roof, plumbing, electrical, HVAC, flooring, lighting, and other permanent fixtures. There will be approximately 35 to 50 new jobs created with this restaurant. The estimated cost of improvement is $769,162.72. The grant will go towards the costs the restaurant group is putting into the property and not the building owner's improvements. Staff recommended that the City Council adopt Resolution R-175-18 to approve the Downtown Restaurant District Program application. Moved by Lysakowski, seconded by Brookman to approve the $100,000 Restaurant District Incentive Application for Slyce Pizza, 1504 Miner Street; and further recommend that Resolution R-175-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. Legal Counsel Friedman explained An Adjoining Owner Protest was filed with the city. Under the terms of the city's zoning ordinance, two-thirds of the Aldermen must approve Ordinance Z-30-18 in order for it to be adopted. The City Council has the legislative authority to approve or deny the following request. City Clerk Tsalapatanis entered the meeting at 7:49 p.m., Acting Clerk Fast left the meeting at 7:49 pm. Director of Community & Economic Development McMahon explained this item is a continuation from September 17, 2018 City Council meeting to consider the petitioner, Dan Pontarelli, proposal of a 67 -unit, age -restricted (62 years and older) apartment building at 946 North Avenue. The development site is comprised of six individual lots that combined are 3.54 acres in size. Currently, 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. 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 (Cont.) Page 5 of 8 10/15/18 the Zoning Ordinance, the number of parking spaces provided satisfies this requirement. Vehicular access to the site would be provided by two curb cuts off of North Avenue. Additional conditions have been added to the provided report beyond those mentioned in the City Council report dated August 29, 2018. These conditions confirm that the apartment building is to be age -restricted (62 years and older) per a deed restriction (#4) and that the development may be used for multi -family residences only (#5). Finally, condition #6 was expanded upon to clarify that the purpose of the noise attenuation study is to confirm appropriate sound levels within the dwelling units. The study is required to be submitted prior to issuance of a building permit, should the project be approved. Mr. Pontaralli reviewed the projected rental income and expenses for the proposed Blue Sky Residences development. Noelle McDonald, Valbridge Property Advisor, reviewed the market study for the proposed development. Gewalt Hamilton Associates, Inc traffic study concluded that the proposed development represents a negligible impact on the area roadways. Lawrence Thompson, of Daniel Law Office, P.C., spoke on behalf of the adjacent neighbors represented in the Adjoining Owner Protest. Mr. Thompson cited various reason why the city should deny the subdivision, zoning amendment and planned development request. Mr. Thompson discussed why the project does not fit the area and reviewed the goals of the city's Comprehensive Plan. Mr. Thompson noted the project's density, structure height, traffic, lack of green space and the adverse effects of home values. Mr. Thompson urged the Council to deny the project. Numerous residents voiced their opposition to the proposed development. Most cited increased traffic, decrease of their property values, the detention pond and ultimately there is little support from the community. Many residents do not believe seniors will want to live by the railroad tracks, the development is located more than a mile from downtown and there is no public transportation. The owner of the property, Patricia Lonze, stated financially the property is a hardship and urged the council to approve the rezoning. Mrs. Lonze believes the project will enhance the area. Moved by Charewicz, seconded by Smith, to approve the Map Amendment, Preliminary Planned Unit Development, and Tentative Plat of Subdivision at 946 North Avenue, Case #18 -078 -MAP -SUB -PUD; and further recommend that Ordinance Z-30-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. Alderman Robison and Brookman did not agree. CONSIDER TEXT Community and Economic Director McMahon presented a memorandum dated AMENDMENTS October 3, 2018. TO ZONING CODE (Cont.) NEW BUSINESS; Page 6 of 8 10/15/18 Mr. McMahon requested Text Amendments to the following sections of the 1998 Des Plaines Zoning Code, as amended: (i) Section 12-3-6.G.1, Major Variations (City Council), to clarify the authorized variations; (ii) Section 12-7-2.J, Residential Districts Bulk Matrix, to amend the notes section regarding corner lots in the R-1 zoning district; (iii) Section 12-7-3.K, Commercial Districts Use Matrix, to add "Alternative Tobacco Establishments" as a Conditional Use in the C-3 and C-4 zoning districts and to add use and buffer restrictions, and to add "Colleges and Universities" as a Conditional Use in the C-2 and C-5 zoning districts; (iv) Section 12-7-4.G, Manufacturing Districts Use Matrix, to add "Outdoor Bulk Material Facility" as a Conditional Use to the M-2 zoning district with use restrictions, to omit "Leasing Agents, Heavy Equipment" from the M-1 and M-2 zoning district, and to add "Commercial Motor Vehicle Sales and Leasing" as a Conditional Use to the M-1 zoning district; (v) Section 12-9-7, Off Street Parking Requirements, to add "Outdoor Bulk Material Facility" to the off- street parking regulations; (vi) Section 12-10-2, Enforcement of Landscaping Requirements, to amend and clarify this section; and (vii) Section 12-13-3, Definitions, to add definitions for "Outdoor Bulk Material Facility", "Alternative Tobacco Establishments", "Leasing/Rental Agents, Equipment", "Leasing/Rental Agents, Vehicles" and to amend the definitions of "Lot Line, Front" and "Yard, Front". The Planning and Zoning Board recommended (6-1) that the City Council approve the proposed text amendments. Staff recommended approval of Ordinance Z-31-18 approving the above- mentioned text amendments to the Zoning Ordinance. Moved by Charewicz, seconded by Rodd, to approve the Citywide Text Amendments to the 1998 Des Plaines Zoning Code, As Amended, Case#18-085- TA; and further recommend that Ordinance Z-31-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. LEGAL & LICENSING — Alderman Brookman, Chair Discussion Regarding Vaping Regulations was deferred until the next City Council meeting. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION WARRANT Moved by Charewicz, seconded by Chester, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R-190-18, 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-190-18 AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $5,221,323.04. Upon roll call, the vote was: (Cont.) APPROVE ZONING MAP AMENDMENT, PRELIMINARY PLAT OF PUD/946 NORTH AVENUE: Ordinance Z-30-18 APPROVE TEXT AMENDMENT TO THE ZONING ORDINANCE: Ordinance Z-31-18 APPROVE DOWNTOWN RESTAURANT DISTRICT PROGRAM GRANT/ 1504 MINER ST: Page 7 of 8 10/15/18 AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -Chester Motion declared carried. Moved by Sayad, seconded by Smith, to concur with Committee of the Whole to adopt Ordinance Z-30-18, APPROVING A ZONING MAP AMENDMENT AND PLAT OF PLANNED UNIT DEVELOPMENT FOR 946 DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 6-Lysakowski,Rodd, Sayad, Chester Smith, Charewicz NAYS: 2 -Robinson, Brookman ABSENT: 0 -None Motion declared carried. recommendation of AN ORDINANCE A PRELIMINARY NORTH AVENUE, Moved by Sayad to Advance to Second Reading and to adopt Ordinance Z-30-18, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT AND A PRELIMINARY PLAT OF PLANNED UNIT DEVELOPMENT FOR 946 NORTH AVENUE, DES PLAINES, ILLINOIS. Motion died for lack of a second. Moved by Sayad, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Ordinance Z-31-18, AN ORDNANCE AMENDING THE TEXT OF VARIOUS SECTIONS OF THE DES PLAINES ZONING ORDNANCE. 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-31-18, AN ORDINANCE AMENDING THE TEXT OF VARIOUS SECTIONS OF THE DES PLAINES ZONING ORDINANCE. 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-175-18, A RESOLUTION APPROVING A DOWNTOWN RESTAURANT DISTRICT PROGRAM GRANT FOR 1504 MINER STREET. Upon roll call, the vote was: AYES: 8-Lysakowski,Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None (Cont.) Resolution R-175-18 Page 8 of 8 10/15/18 ABSENT: 0 -None Motion declared carried. ADJOURNMENT: Moved by Sayad, seconded by Chester, to adjourn the meeting. Motion declared carried. The meeting adjourned at 10:59 p.m. APPROVED BY ME THIS tJ a DAY OF /i i�.i A , 2018 /II W xt y Matthew J : ogus IF AYOR ifer L. Tsalapatanis - CITY LERK