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01-28-2002 Special Meeting168 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS I DES PLAINES CIVIC CENTER I MONDAY I JANUARY 28, 2002 CALL TO ORDER: The SPECIAL meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Ci vie Center on Monday, January 28, 2002. ROLL CALL: Roll call indicated the following aldermen present : Beauvais, Christiansen, Sayad, Becker, Smith, Argus. Aldermen Murphy and Brookman were absent . Alderman Brookman arrived at 6:35 p.m. Also present were: City Manager Miller, City Manager-EDC Director Schneider, Police Chief Ryan, Deputy Police Chief Prandini and City Attorney Wiltse. GATEWAY PARK/ MINER AND RIVER: DOWNTOWN REDEVELOP. PLAN: MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE ENGINEERING COMMITTEE Alderman Christiansen, Chair Alderman Christiansen announced that discussion on the final design for the Gateway Park, Miner Street and River Road, has been canceled and will be rescheduled for a future meeting. COMMUNITY DEVELOPMENT Alderman Becker, Chair Alderman Becker stated that the City Council had authorized the Economic Development Commission to work with the City's outside planning firm, Camiros, Ltd., for the proposed downtown redevelopment plan; what is being presented tonight is the latest rendition of a "concept plan"; the Staff reviewed the plan to look at items such as street vacation, turning access and other Staff issues when considering a changed development. Alderman Becker stated that this plan has encompassed over six (6) months of meetings and work with members of the Staff, the public and the Economic Development Commission as to what the overall appearance of downtown Des Plaines will look like; a majority of the buildings will be three (3) -story--one (1) -story commercial and two (2)-story residential with a parking deck. Alderman Becker stated that the Staff, EDC and Camiros are only looking for conceptual approval of this plan this evening. Assistant City Manager-Economic Development Director Schneider reviewed his memo of January 18, 2002, regarding the plan and stated that this is the Aldermen's chance to dictate general guidelines for the downtown that can be sent out to many developers with a site survey, for example. Mr. Richard Wilson, Camiros, Ltd., gave a presentation of the different kinds of development that could be put downtown within Site A and Site B; The City could attract an additional 130,000 sq. ft. of space in downtown Des Plaines. Mr. Wilson and Ms. Jeanne Lindwall of Camiros, reviewed the various aspects of each site, i.e. parking, residential use and commercial development: DOWNTOWN (Cont'd. ) 169 1/28/02 PAGE TWO Site A -Food Store: The majority of the food store's parking should be accommodated on a surface parking lot and located along the primary arterial, Des Plaines River Road, to assure maximum visibility; the site configuration would provide 150 on-grade parking spaces, which exceeds the City's minimum requirement for food store parking for a store this size by approximately 20%. Existing 242-space commuter lot will be displaced by the redevelopment of this site; up to 200 replacement spaces could be incorporated in the redevelopment of the site by either providing additional parking on top or underneath the store. Alderman Beauvais stated her concern about the traffic pattern at Lee Street and Jefferson Street; is it going to be addressed? Mr. Wilson said yes. Alderman Beauvais asked where the commuter parking would be. Mr. Wilson said it is being recommended that additional parking be placed underneath the store. Alderman Christiansen asked whether Site B will have enough parking or will they have to go into Site A. Mr. Wilson said each site will have its own parking amount. Mr. Wilson showed the different building alternatives for the food store, i.e. food store with surface parking, food store with underground parking, food store with parking structure above, and food store with residential above and underground parking. Alderman Sayad asked whether there are other food stores with residential above. Ms. Linwall said yes, in Chicago on Halsted Street, but it is much larger than this plan. Alderman Sayad stated that he favors Option B of the food store building alternatives--food store with underground parking, but he is concerned about the loading dock location. Mr. Wilson said that could be adjusted; this is just a "conceptual plan." Alderman Becker stated that Dominicks gave us the design of the building; the bays may be changed. Alderman Brookman stated that she has always supported underground parking; what is the status with Dominicks. City Manager Miller stated that if the City can meet their development needs, he thinks we can work out an agreement; they have not talked to Jewel directly; one food store would like to incorporate a fuel center (gas station) into the design of the site. Alderman Smith stated that he likes the concept a lot; we should encourage as much residential as we can; he may not be against the residential on top of the food store; we should have as much surface parking as possible; he thinks we should stay away from a fuel center. Alderman Argus stated that she likes the concept; she would like above ground parking, but if we need it, we could go underground; she is against one (1)-way streets; she would like something done about that. Mayor Arredia asked about putting offices above the food store; he has an uneasy feeling about putting in a fuel center in this setting; we should consider offices if the residential doesn't work; he likes the underground parking; if there was residential above the store, where would the residents park? Mr. Wilson said you could have two (2) levels of underground parking because you would need 60 spaces for the residents. DOWNTOWN (Cont'd.) 170 1/28/02 PAGE THREE Site B -Shopping-Residential Area: A pedestrian friendly shopping street with two (2) levels of residential units located above shops is being proposed for this site; there would be approximately 60, 000 sq. ft. of ground level commercial that could attract a key retailer like Marshal ls; two (2) new streets are proposed which could be closed to vehicles and used for community gathering space for festivals and special occasions. Residential units above the shops will strengthen the City's efforts to attract commercial tenants to this area; approximately 50 upper-end residential units , ranging from 1,300 to 1,800 sq. ft., could be accommodated on two (2)-stories above ground level retail. The alley behind Miner Street would be retained and parking incorporated to provide short-term parking for Miner Street businesses. Parking for this area should be dramatically increased ; it is currently short 33% of the parking spaces it should have according to the City's zoning standard; parking for residential units would be underground. To accommodate parking requirements for new retail in Site B and parking for established businesses on Miner Street, 44 O are required; the plan provided for 3 O O surface parking spaces; to accommodate the additional 140 spaces, the City could incorporate a small parking structure along Lee Street for a total of approximately 2 o o spaces which would provide a grand total of 5 o o parking spaces in the Site B area--providing 14% over and above the 440-space requirement for this area. The parking structure does not have to be built at this time, but if it is not incorporated into the plan, then some buildings illustrated in the concept plan will have to be replaced with parking which would reduce the amount of new retail and residential development that could be brought to the area. Alderman Beauvais stated her concern as to how the parking structure would look from Lee Street. Mr. Wilson said it can be designed attractively; the City of Wheaton has a similar situation so they spent additional money for an attractive facade. Alderman Beauvais stated that she would like to stay aw~y from any kind of parking deck; she is also against one (1) -way streets; they are extremely frustrating; she would like to take this plan to residents in this area; she is not really pleased with a fuel center; she also prefers Option B of building alternatives for Site A. Alderman Christiansen asked how high the buildings would be. Mr. Wilson said no more than two (2) to four (4)- stories with residential on the second, third or fourth floors. Alderman Christiansen asked where Site B would be if we don't get the leases. Mr. Wilson said that the bank will tell us if we can do this or not; we have a food store knocking at our door; there is a lot going for the City with this plan. Alderman Sayad stated that having an anchor store will be a plus; where will the guest parking be for the residential units. Mr. Wilson said either in the parking structure (Site B) or surface parking in Site A. DOWNTOWN (Cont'd.) PAGE FOUR 171 1/28/02 Alderman Brookman asked if conceptual approval is needed tonight. Alderman Becker said yes, then they will go to developers. Alderman Brookman stated that before she can do that, she wants to think about what she heard tonight; we need to give this serious consideration; do not approve any conceptual design tonight. Mr. A. J. Leane, 1630 Cora Street, addressed the Committee of the Whole stating that he has some concerns about the time frame; if Dominicks comes in, how soon will we be notified what the fair market value is of our home and how soon would we have to move. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that he likes underground parking; it is nice and warm; it would attract more people to shopping; he likes the concept of offices above Dominicks; it would be very convenient for senior citizens going to their doctors, etc. Mr. Ronald Moore, 1480 Jefferson Street, addressed the Committee of the Whole stating that no traffic study has been done in this area; this is a very congested area now; the traffic pattern is very bad; he is also concerned about the loading docks; they will be right across from my building; the building could be moved over more; there has to be a lot more thought put into this; we are not against this development, just think about it more. Mrs. Patty Wilson, 1155 Van Buren Avenue, addressed the Committee of the Whole asking if the City has looked into f loading caused by the underground parking; it could affect other homes in the area; use the buildings we have now rather than tear down and rebuild. Mrs. Hilda Hofmann, 1470 Jefferson Street, addressed the Committee of the Whole stating that she is in favor of a grocery store but not retail; people will not support retail. Mr. Jason Schram, 480 North East River Road, addressed the Committee of the Whole stating that he commends the City for getting professionals to develop a plan, but you hired Camiros, Ltd. , in the past but you continually ignore their plan after taxpayers' money is spent; he worries that the City will not follow the Camiros plan. Alderman Sayad stated that the City is not bound by the food store design in this proposal; it is not a final plan. Mr. Wilson stated that the truck area could change but Dominicks wants it to be seen from Des Plaines River Road. Mr. Jack Cavalenes, Des Plaines Citizens for Responsible Development, P.O. Box 2760, Des Plaines, addressed the Committee of the Whole stating that he would recommend that the aldermen listen to the people before you make a decision; take a survey to involve the residents; it will work out a lot better for you. Alderman Beauvais suggested that board members from the various condo buildings in the area could attend the. planning meetings. Assistant City Manager Schneider stated that the Staff and Camiros, Ltd., have received enough information tonight to go back and work out the suggestions and ideas. RECESS: MUSIC FACTORY/ 1428 LEE: 172 1/28/02 PAGE FIVE Moved by Becker, seconded by Beauvais, to take a five (5) minute recess. Motion declared carried. Aldermen Christiansen and Sayad said no. The Committee of the Whole recessed at 8:15 p.m. The Committee of the Whole reconvened at 8:20 p.m. Alderman Becker introduced the petitioner , Tom Fornarelli, Nitsirk Group, Inc., 1217 Division Street , Melrose Park, IL 60160, and his attorney, Barry Collins , Tuttle, Vedral & Collins, 733 Lee Street, Suite 210, Des Plaines. Alderman Becker stated that many complaints have been received about this operation since it opened a few weeks ago, i.e. hours of operation, vandalism in the area i parking problems, questionable advertising on their web site. Mr. Fornarelli stated that they are primarily a CD distribution center, but they haven't be able to sell CDs yet because they don't have all the necessary display racks; they also promote the artists; their business has increased with this approach; they have a five (5)-year lease with a five (5)-year option at this location; they have many expenses , i.e. fee for the disc jockey/artist , security, rent. Mr. Fornarelli stated that they could not survive if they were a dance hall only; they will be a CD and equipment distribution center; they have been working with their marketing company to fine-tune their web site; as soon as their store is set up, that will be added to the web site. Mr. Mark Walsten, 1683 Van Buren Avenue, addressed the Committee of the Whole stating that he hasn't seen anything on the web site about buying CDs; a lot of communities are trying to close down this type of business because of drugs; there is going to be a lot of trouble; we should shut them down. Mrs. Linda Forman, 505 Courtesy Lane, addressed the Committee of the Whole stating that she has been there and checked out the operation; her teenage daughter goes there; the kids are safe there; please don't shut them down. Mrs. Patty Wilson, 1155 Van Buren Avenue, addressed the Committee of the Whole stating that her neighborhood is very affected by the graffiti and traffic; what is the age requirement for this place?; the parking is a problem; traffic is terrible; there is vandalism; it will affect the selling of our homes; you didn't put any thought into this; it is not just Des Plaines kids that go there; what are the exact hours of operation. A resident at 495 Dover Drive addressed the Committee of the Whole stating that he has attended the club a few times; there is a curfew that he has to obey or we can't go there; this gives us a place to go instead of on the streets; it is very safe in there; there are no drugs in there; he really wants this to stay open. Ms. Cheryl Burke, 1318 Jeannette Street, addressed the Committee of the Whole stating someone busted all the car windows on her streets; they spray painted the garages i we have never had this happen before; we should have this place shut down; we need security outside of the club ; there is garbage in her yard. DANCE HALL (Cont'd.) 173 1/28/02 PAGE SIX A resident at 259 G Dover Drive addressed the Committee of the Whole stating that he is 17 years old; this gives us a place to go on the weekends; they are inside most of the night; the dance hall is fun; he would like to see it stay open. A resident at 1315 Jeannette addressed the Committee of the Whole stating that the main issue is security on the outside; she wants to keep an open mind, but we need to take a new look at this business because of the vandalism; what will happen when the weather gets nicer; they broke our car windows this week; do they have a re- entry system?; we are afraid to leave our homes in the evening. Ms. Jennifer Forman, 505 Courtesy Lane, addressed the Committee of the Whole stating that she has lived here her whole life; this place gives us something to do ; there have always been problems in Des Plaines. Mr. Bob Marlega, 1353 Jeannette Street, addressed the Committee of the Whole stating that he has lived here 13 years; he has never had as much vandalism, bottles in his yard, since this Music Factory has been here; it should be closed down; his family is afraid. A young lady from Downers Grove, Illinois, addressed the Committee of the Whole stating that she is 19 years old and a college student; this place gives us something to do; the security is very tight; it should stay open. Mr. Bob Kalish, 1337 Jeannette Street, addressed the Committee of the Whole stating that he has lived here 5- 1/2 years; they never had property damage before until last week; windows are broken; there were 15 bottles on his front lawn; kids should have a place to go, but the Music Factory has demonstrated that they cannot provide security on the outside; you should shut it down; we will fight this. Mr. Jeff Marks, 2714 Rusty Drive, addressed the Committee of the Whole asking if anyone has seen them doing the vandalism; the security is very tight around there; there are cop cars when we leave; this place is the best thing that has happened to Des Plaines; you can't blame us; keep it open. A resident at 1337 Jeannette Street addressed the Committee of the Whole stating that her truck windows were broken this past week; the Music Factory should pay for the windows because they attract the kids who do this; with a club like this, Des Plaines is not going to grow. A young man from Brookfield, Illinois, addressed the Committee of the Whole asking if there was proof that the kids are causing the vandalism; it could be just a coincidence; security is very tight; this is a safe place; you should keep it open. Mr. John Latz, 1503 E. Walnut Avenue, addressed the Committee of the Whole stating that this place is bringing in a lot of people from outside Des Plaines; he is concerned about that; drug dealers will come to this area; the owner misrepresented himself to the City. A young man from LaGrange Park, Illinois, addressed the Committee of the Whole stating that when you open up a place like this you will get people from everywhere; it is not the owner's fault that there is vandalism; it is a nice place; there is a dress code. DANCE HALL (Cont'd.) 174 1/28/02 PAGE SEVEN Mrs. Dolores Ve ls, 1019 Wicke Avenue, addressed the Committee of the Whole stating that most of this happened since the dance club opened; it amazes her that the City Council allowed this man to open up; is it a retail store or a dance hall?; she thought they were going to get a gate so the kids would not come into their neighborhood. A young man from Palatine, Illinois, addressed the Committee of the Whole stating that he has worked in the club scene a lot and always see drugs and alcohol, but not here; they are changing the way kids behave; it is a nice place; they do not tolerate any drugs, etc. Ms. Kelly Wallace, 1502 E. Walnut Avenue, addressed the Committee of the Whole stating that this is a dance club; they may be distributing CDs, but they have opened d dance club; it was a farce; they have misled us; Des Plaines is not set up to handle a place like this; this is not a good business. A young man from 2056 Webster Lane addressed the Committee of the Whole stating that he is a kid; we like the club; Des Plaines has been lacking with youth oriented activities; the club is clean; there is security everywhere; no drugs; no alcohol. Mrs. Kristine Kernan, 1329 Margret Street, addressed the Committee of the Whole stating that everyone was lied to ; if the CD racks aren't there, why is it open?; she was followed by a car when she was walking her dog one night; they followed her to a neighbor's house and then left; she is part of the neighborhood watch program; it is very scary; when does this place close? A young man from 1649 White Street addressed the Committee of the Whole stating that this place is not like the Galaxy Club; the security is more tight than at the airport; the club is a great thing to have in Des Plaines; there is nothing else to do; there is no liquor license there; it should stay open. Mr. Carmen Sarlo, 3051 Scott Street, addressed the Committee of the Whole stating that things didn't turn out like it was promised; the things on their web site are unbelievable; please reconsider this place. Mr. Jeff Marks, 2714 Rusty Drive, addressed the Committee of the Whole stating that his dad is a police officer in Des Plaines; he wouldn't let him go there if there were drugs and alcohol; leave this club open; there is not much to do in Des Plaines. A resident at 1404 Forest Avenue addressed the Committee of the Whole stating that there are a lot of outside elements; the vandalism didn't happen before this place opened; the kids are in our backyards at 3:00 a.m. A young lady from Downers Grove, Illinois, addressed the Committee of the Whole stating that it is ridiculous that adults are telling kids what they should or should not do. Mr. Bob Kolish, 1337 Jeannette Street, addressed the Committee of the Whole stating that the residents pay the taxes; the aldermen should only pay attention to those people that live here; not those that don't. Mr. Ronald Moore, 1480 Jefferson Street, addressed the Committee of the Whole stating that the City Council thought it was going to be a good thing but when you went to look at it and they weren't selling CDs, why didn't you shut them down?; do they have a proper license? DANCE HALL (Cont'd.) PAGE EIGHT 175 1/28 /02 Mr. Rodney Yourist, 2181 Estes Avenue, addressed the Committee of the Whole stating that he has been on the Des Plaines Zoning Board of Appeals for ten (10) years and feels we have been deceived; only one person was at the Zoning Board meeting on this matter; we were told things and that is how we voted; if the Zoning Board could reconsider their recommendation, he will do it. Mr. Fornarelli and Mr. Collins responded to the ·various questions and complaints, i.e. hours of operations , curfew, parking, security, noise, CD rack, Galaxy ownership, vandalism. Alderman Beauvais stated that the City is going to have to work something out with these problems; she would like to give the petitioner more time to work out some of these problems; you have to resolve these issues. Mayor Arredia stated that he doesn't think the City should pay for extra police protection.; he wants that to be clear. Alderman Christiansen stated that he was going to bring that up too; we should have tow trucks ready because this is a resident-only parking area. Alderman Christiansen read from the Staff report and minutes of the various meetings that were held on this matter and explained why he voted the way he did; he feels the City was duped and he still feels that way; maybe we should have put stricter restrictions on the business license. Alderman Sayad stated that he went to the Music Factory last Friday night; security was good; the kids were having a good time; we have been trying to find a place for kids for years, but we now have a problem with this place so what are we going to do about it?; we have to put restrictions on this business; he has to correct the problems; let's give him some time to correct these problems. Motion by Alderman Sayad to recommend to the City Council that the City Manager and City Attorney work with the petitioner to work out a solution to these problems within three (3) months DIED FOR LACK OF A SECOND. Alderman Brookman stated that everyone had high hopes that this would be a nice place for kids to go; we all had the best interest of the City in their vote; we were given misinformation all along the way; we need to take a stand on how this business is operated; what we voted on is not what is being operated at this location; we will not reward misrepresentation. Alderman Smith stated that he was with Alderman Sayad last Friday night; he liked the music; he heard this place being advertised on the radio and it made him angry; he thinks the owner was intentionally unclear to the aldermen about what he was going to put on this site; he told us that 99% of his business was going to be CDs ; the hours would be up to 12:00 midnight; he told us there were going to be up and coming artists, but it is not; he told us there would be maybe 250 people there; that was not true. Mr. Fornarelli stated that there are "glitches" but he will take care of those "glitches" if given the chance. Alderman Smith stated that the focus should be on what you will do now to correct these problems. Mr. Fornarelli stated they will alter their advertising; security issues will be addressed; web site will be changed; their CD store is on its way; eventually every "glitch" will be addressed. DANCE HALL (Cont'd.) EXECUTIVE SESSION: 176 1/28/02 PAGE NINE Alderman Argus stated that we have said about everything there is to say; she sympathizes with the people who have been vandalized; she thought it would be a retail store with a dance a few times a month; we need to try to work this out. Alderman Brookman stated that she has a problem with dedicating so many police resources to one area of town . Alderman Sayad stated that if the petitioner is willing to correct these problems, we should give him the time. Alderman Becker stated that if we are going to sit down to work out a plan, we need to know exactly what that is and the agreement should be immediate and lasting improvement; we need to have representatives from the residents and aldermen who surround this area, Staff , EDC; let's do it as soon as possible. Alderman Brookman stated that she doesn't believe the City can or should move forward until we review the tapes; she believes the approval was given on the condition that there was a written commitment from Jewel Food Stores on the parking. Alderman Christiansen stated that if the petitioner had been truthful from the start, we would not be here tonight; he is for shutting him down. Moved by Christiansen, seconded by Brookman, to recommend to the City Council that the City Attorney be authorized to begin the process to suspend the business license of the Music Factory, 1428 Lee Street. Alderman Beauvais stated that we need to give him a chance to correct the problems; if he doesn't comply, she doesn't have a problem revoking his license. Moved by Beauvais, seconded by Sayad, to adopt a substitute motion to recommend to the City Council that the Staff be authorized to meet with the owner of the Music Factory, 1428 Lee Street, and some residents from the area to work out these problems and report back to the City Council on February 19, 2002. Alderman Smith stated that he can't vote for Alderman Beauvais' motion because it would be a waste of time. City Attorney Wiltse requested that the Committee of the Whole go into Executive Session. Moved by Christiansen, seconded by Smith, to go Executive Session to discuss pending litigation. roll call, the vote was: AYES: 7-Beauvais, Christiansen, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Murphy Motion declared carried. The Committee of the Whole recessed at 11:03 p.m. The Committee of the Whole reconvened at 11:46 p.m. into Upon Roll call indicated the following aldermen present: Beauvais, Christiansen, Sayad, Brookman, Becker, Smith, Argus. Aldermen Beauvais, Christiansen and their seconds, Aldermen Sayad and Brookman removed their motions fro~ consideration. DANCE HALL (Cont'd.) MUSIC FACTORY/ 1428 LEE: ADJOURNMENT: 177 1/28/02 PAGE TEN Moved by Brookman, seconded by Smith, to recommend to the City Council that the City Attorney be authorized to begin the process to revoke the Conditional Use Permit for the Music Factory, 1428 Lee Street, based on the numerous problems with the operation of this business. Moved by Beauvais, seconded by Sayad, to adopt a substitute motion that Staff be authorized to meet with the owner of the Music Factory, 142 8 Lee Street, his attorney and some residents in the area to work a plan to solve the numerous problems associated with the operation of this business, and report back to the City Council on February 19, 2002. Alderman Beauvais stated that if a plan cannot be worked out with the owner to solve these problems, she will make a motion to revoke the Conditional Use Permit. Upon roll call on Alderman Beauvais' motion, the vote was: AYES: 4-Beauvais, Sayad, Becker, Argus NAYS: 3-Christiansen, Brookman, Smith ABSENT: 1-Murphy Motion declared carried. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Becker, seconded by Sayad, to concur with the recommendation of the Committee of the Whole that Staff be authorized to meet with the owner of the Music Factory, 1428 Lee Street, his attorney and some residents in the area to work out a plan to solve the numerous problems associated with the operation of this business , and report back to the City Council on February 19, 2002. There was a brief discussion as to whether aldermen should be in attendance at this meeting. Mayor Arredia appointed a Special Committee with Alderman Brookman as Chairman, along with Aldermen Christiansen and Murphy, with Aldermen Smith as an alternate; to meet with Staff, the owner of the Music Factory, 1428 Lee Street, his attorney and some residents in the area to work out a plan to solve the numerous problems associated with the operation of this business; the Special Committee report back to the City Council on February 19, 2002, and this be made part of Alderman Becker's motion. Upon roll call on Alderman Becker's motion which includes the Mayor's appointment of a Special Committee, the vote was: AYES: 5-Beauvais, Sayad, Becker, Argus, Arredia NAYS: 3-Christiansen, Brookman, Smith ABSENT: 1-Murphy Motion declared carried.