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03-29-2004 Special Meeting147 MINUTES OF THE SPECIAL 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, MARCH 29, 2004 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 7:00 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 29, 2004. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Murphy, Sayad, Brookman, Becker, Argus. Aldermen Christiansen and Smith were absent. Also present were: City Manager Niemeyer, Assistant City Manager- EDC Director Schneider, Director of Finance Egeberg, Police Chief Prandini, Fire Chief Farinella, Assistant Director of Engineering Duddles, and City Attorney Wiltse. PUBLIC HEARING/ FINAL PUD/ 1050 OAKTON: CALL TO ORDER: TESTIMONY: MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, MARCH 29, 2004 Mayor Arredia called the Public hearing to order at 7:01 p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the Final Planned Unit Development (PUD) for The Riviera Independent Living Apartments, 1050 Oakton Street (Zoning Case 00-68- PUD). COMMUNITY DEVELOPMENT -Alderman Becker, Chair City Attorney Wiltse stated that the adopted Klaeren Rules would be in effect the Honorable Judge Robert Sklodowski is over the proceedings this evening. recently and that presiding City Attorney Wiltse stated that Ordinance M-34-03, AN ORDINANCE FOR THE VACATION OF THE TIMES DRIVE RIGHT-OF-WAY (INCLUDING AN EASEMENT) IN ACCORDANCE WITH THE RIVIERA SENIOR RESIDENTIAL PROJECT, adopted by the City Council on June 2, 2003, must be rescinded by the City Council this evening due to a new License Agreement with Albertson's, Inc., 250 Parkcenter Blvd., Boise, ID 83726 City Attorney Wiltse placed the following City Exhibits into the record: A. Notice of Special Meeting signed by Aldermen B. Special Meeting Notice dated March 23, 2004 C. Certificate of Publication D. Affidavit of Mailing E. Letter dated March 25, 2004 from Richard Reizen, Kubasiak, Fylstra, Reizen & Rotunno F. Affidavit of Posting TESTIMONY (Cont'd.) 148 03/29/04 PAGE TWO Mr. Richard Reizen, Kuvasiak, Fylstra, Reizen & Rotunno, Two First National Plaza, 29th Floor, 20 South Clark Street, Chicago, IL 60603, Attorney for the Petitioner, placed the following Petitioner Exhibits into the record: 1. Information in a Binder marked The Riviera 2. Letter dated March 24, 2004 from Kenneth Michalowski of the United States Postal Service 3. Letter dated March 26, 2004 from Javier Millan, Kenig, Lindgren, O'Hara, Aboona, Inc. 4. Packet labeled "Additional Information for the 3/29 Special City Council Meeting on the Riviera" Mr. Nicholas Mitchell, Faithful Works, LLC/Mitchell Properties, LLC, 1050 Oakton Street, Des Plaines, IL 60018, as representative of Petitioner, was introduced and questioned; he described The Riviera, facility and amenities; the height has been lowered; he is an active member of the community. Mr. Jerry Cibulka, Teng, 205 N. Michigan Ave., Chicago, was introduced as representative of the architectural firm retained by the Petitioner; he is a licensed architect and partner at Teng; they produced the drawings and landscape plans; this project goes above and beyond the Zoning Code requirements. The Aldermen questioned the witness. The following residents questioned the witness: Mr. Steve Vels, 1019 E. Wicke Avenue Mr. Walter Korber, 1451 Webster Lane Mr. Brian Burkross, 2133 Webster Lane Mr. Michael Madden, 1115 Wicke Avenue Mr. Vitar Patel, 1027 Wicke Avenue Mr. David Schindol l, Mackie Consul tan ts, LLC, 9 5 7 5 W. Higgins Road, Rosemont, IL 60018 was introduced as representative of the engineers retained by the Petitioner; they completed the Civil Engineering drawings for the project. The Aldermen questioned the witness. The following company questioned the witness: Mr. Jim Forbing, Des Plaines Publishing, 1000 Executive Way, Des Plaines, IL 60018 Mr ~ Javier Millan, Kenig, Lindgren, O'Hara, Aboona, Inc., 9575 W. Higgins Road, Rosemont, IL 60018, was introduced as representative of the traffic and parking experts for the project. The Aldermen questioned the witness. The following residents questioned the witness: Walter Korber, 1451 Webster Lane Dolores Vels, 1019 E. Wicke Avenue Michael Mickelsen, 1549 Webster Lane Michael Madden, 1115 Wicke Avenue Brian Burkross, 2133 Webster Lane Vitar Patel, 1027 Wicke Avenue Dolores Vels, 1019 E. Wicke Avenue TESTIMONY (Cont'd.) 149 03/29/04 PAGE THREE Mr. Frank Muraca, Arch Consultants, Ltd., 250 Parkway Drive, Lincolnshire, IL 60090 was introduced as representative of the construction advisor for the project. The Aldermen questioned the witness. The following residents questioned the witness: Vitar Patel, 1027 Wicke Avenue Michael Madden, 1115 Wicke Avenue Brian Burkross, 2133 Webster Lane Mr. Nicholas Mitchell, Faithful Works, LLC/Mitchell Properties, LLC, 1050 Oakton Street, Des Plaines, IL 60018 was again introduced at representative of Petitioner; The Riviera is an entrance fee community; the building height was lowered due to the purchase of the OSHA property; he has obtained a letter from the Post Office for extra parking; he will definitely meet and possibly exceed the landscape count. The Aldermen questioned the witness. The following residents questioned the witness: Michael Mickelsen, 1549 Webster Lane Dolores Vels, 1019 Wicke Avenue Michael Madden, 1115 Wicke Avenue Vitar Patel, 1027 Wicke Avenue Brian Burkross, 2133 Webster Lane Testimony and other evidence was then given by the following residents: Mr. Don Baron, 1022 Margret Street, addressed the Committee of the Whole stating that he is in favor of the project; it is similar to The Moorings in Arlington Heights; this will be an upgrade to the south end of town; he believes Mr. Mitchell bent over backwards to work with the residents and Staff on this project. Mr. Terry Langden, 830 Algonquin Road, addressed the Committee of the Whole stating that The Riviera has done everything possible to accommodate the residents and the City; this is a very professional project; we want to keep long time Des Plaines residents in Des Plaines; vote for this project. Mr. Richard Hutchins, 1446 Lincoln Avenue, addressed the Committee of the Whole stating that there has been lots of revitalization in the surrounding communities, we need to do the same; this is an opportunity to provide a world-class facility in Des Plaines; this will be a facelift in the southern portion of the City. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that this will improve the look of the Oakton corridor; it will not impact the residents of the area; Mr. Mitchell should be thanked for investing in our area; 1, 6 O O signatures were collected against the height of The Riviera, 1,300 of those were not registered voters; please vote for what your constituents want. TESTIMONY (Cont'd.) RESCIND ORD. M-34-03/ VACATION OF TIMES DRIVE: ZONING CASE 00-68-PUD/ 1070-90 OAKTON ST. & 1555 TIMES DR.: 150 03/29/04 PAGE FOUR Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that he is not against the project, just the height; set up a crane for a weekend and put it up 134'; this would give some indication of the height of the proposed building; it is difficult for residents to cross examine when they are not privy to all the documents. Mr. Michael Mickelson, 1549 Webster Lane, addressed the Committee of the Whole stating that 1,600 signatures were gathered on a petition against the project; these people may not be registered voters, but they are homeowners; we have a traffic problem on Oakton; this new project will not help this problem; look at the water runoff; look at permeable pavers versus asphalt; he is against the height; he will not see the sunrise in the morning at his home and will get reflective sun from the building in the evening. Ms. Dolores Vels, 1019 E. Wicke Avenue, addressed the Committee of the Whole stating that traffic is heavy on Oakton; 1,600 signatures were obtained against The Riviera's height; why has the City Council chosen to support this project; this will lower the value of homes in the area. Mr. Steve Vels, 1019 E. Wicke Avenue, addressed the Committee of the Whole stating that a request for tax relief was made by The Riviera; every year his taxes go up; The Riviera asked for a waiver of building permit fees; where are the tax dollars coming from? Mr. Vitar Patel, 1027 Wicke Avenue, addressed the Committee of the Whole stating that he likes the project and the building, but not the height; it is out of character with the area and is pretty close to the residences; our quality of life will be affected; please vote against this project. Mr. Mike Madden, 1115 Wicke Avenue, addressed the Committee of the Whole stating that he doesn't approve of this project next to a residential area; a building that big does not belong there; Mr. Mitchell does not live in this area. Moved by Beauvais, seconded by Sayad, to recommend to the City Council to RESCIND Resolution Ordinance M-34-03, AN ORDINANCE FOR THE VACATION OF THE TIMES DRIVE RIGHT-OF-WAY (INCLUDING AND EASEMENT) IN ACCORDANCE WITH THE RIVIERA SENIOR RESIDENTIAL PROJECT, adopted by the City Council on June 2, 2003. Motion declared carried. Moved by Argus, seconded by Sayad, to recommend to the City Council approval of Final Planned Unit Development (PUD) in accordance with Section 3.5 of the Zoning Ordinance to permit the construction of a 14-story congregate housing facility consisting of not to exceed 300 rental apartment, which will be an addition to the existing sit-down restaurant/banquet facility on property located at 1070-90 Oakton Street & 1555 Times Drive, in C-3 General ZONING CASE (Cont'd.) VACATION OF TIMES DRIVE: 151 03/29/04 PAGE FIVE Commercial District; and further recommend that Ordinance Z-13-04 -AS AMENDED be placed on First Reading at appropriate time this evening. Motion declared carried. Aldermen Beauvais and Brookman voted no. A majority of the aldermen agreed that Item la. Resurface 50' right-of-way from Jewel to Oakton and re-stripe center yellow line; add white edge lines along both edges of 50' access route easement be removed from the Engineering Department Scope-of- work related comments. Alderman Brookman voted no. A majority of the aldermen agreed that Item lb. Add P.C.C. sidewalk from east end of Executive Way to southeast corner of Riviera site (existing OSHA site) be removed from the Engineering Department Scope-of-work related comments. Alderman Brookman voted no. A majority of the aldermen agreed that Item ld. Remove and replace existing access route apron at Oakton Street be removed from the Engineering Department Scope-of-work related comments. Aldermen Beauvais and Brookman voted no. It was NOT the consensus of the aldermen that Item lh. Add 48" catch basin in center of access route and connect to existing from the Engineering related comments. 15" storm sewer be removed Department Scope-of-work Moved by Murphy, seconded by Beauvais, to recommend to the City Council approval of the vacation of Times Drive Right-Of-Way in accordance with the Riviera Senior Residential Project in the amount of $272,181; and further recommend that Ordinance M-17- 04 AS AMENDED be placed on First Reading at appropriate time this evening. Moved by Becker, seconded by Sayad, to adopt a SUBSTITUTE MOTION to recommend to the City Council approval of the vacation of Times Drive Right-Of-Way in accordance with the Riviera Senior Residential Project in the amount of $191,800; and further recommend that Ordinance M-17-04 AS AMENDED be placed on First Reading at appropriate time this evening. Motion declared failed. Alderman Beauvais, Murphy and Brookman voted no. Motion declared failed Aldermen Beauvais, Sayad, voted no. on the original motion. Brookman, Becker and Argus Moved by Sayad, seconded by Argus, to recommend to the City Council approval of the vacation of Times Drive Right-Of -Way in accordance with the Rivi era Senior Residential Project in the amount of $211,700; and further recommend that Ordinance M-17- 04 be placed on First Reading at appropriate time this evening. Motion declared failed. Aldermen Beauvais, Murphy and Brookman voted no. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION RESCIND ORD. M-34-03/ VACATION OF TIMES DRIVE: ZONING CASE 00-68- PUD/1070-90 OAKTON ST. & 1555 TIMES DR.: Ordinance Z-13-04 VACATION OF TIMES DRIVE: Ordinance M-17-04 CLOSE PUBLIC HEARING: ADJOURNMENT: 152 03/29/04 PAGE SIX Moved by Becker, seconded by Beauvais, to concur with recommendation of Committee of the Whole to RESCIND Resolution Ordinance M-34-03, adopted by the City Council on June 2, 2003, AN ORDINANCE FOR THE VACATION OF THE TIMES DRIVE RIGHT -OF-WAY (INCLUDING AN EASEMENT) IN ACCORDANCE WITH THE RIVIERA SENIOR RESIDENTIAL PROJECT. Motion declared carried. Moved by Becker, seconded by Argus, to concur with recommendation of Committee of the Whole to approve Final Planned Unit Development ( PUD) in accordance with Section 3. 5 of the Zoning Ordinance to permit the construction of a 14-story congregate housing facility consisting of not to exceed 300 rental apartment, which will be an addition to the existing sit-down restaurant/banquet facility on property located at 1070-90 Oakton Street & 1555 Times Drive in C-3 General Commercial District; and place on First Reading Ordinance Z-13-04, AS AMENDED, AN ORDINANCE GRANTING A REQUEST FOR FINAL APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) AND CONDITIONAL USE FOR HEIGHT VARIATION TO DEVELOP A 300-UNIT CONGREGATE LIVING FACILITY AT THE PROPERTY COMMONLY KNOWN AS 1050 OAKTON STREET (CASE NO. 00-68-PUD-CU) . Motion declared carried. Brookman voted no. Aldermen Beauvais and Moved by Becker, seconded by Argus, approval of the vacation of Times Drive Right-Of-Way in accordance with the Riviera Senior Residential Project in the amount of $191,800; and place on First Reading Ordinance M-17-04, AS AMENDED, AN ORDINANCE FOR THE VACATION OF THE TIMES DRIVE RIGHT-OF-WAY (INCLUDING AN EASEMENT) IN ACCORDANCE WITH THE RIVIERA SENIOR RESIDENTIAL PROJECT. Motion declared carried. Aldermen Sayad, Becker, Argus and Arredia voted yes. Aldermen Beauvais, Murphy and Brookman voted no. Moved by Becker, seconded by public hearing at 12:58 a.m. Motion declared carried. Argus, to close the and end discussion. Moved by Becker, seconded by Murphy, that the Special meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 1:01 a.m. CITY CLERK APPROVED BY ME THIS DAY OF