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Council Minutes, 07-19-21MINUTES 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, JULY 19, 2021 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was called ORDER to order by Mayor Goczkowski at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, July 19, 2021. ROLL CALL Roll call indicated the following Aldermen present: Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi. Absent: Lysakowski, Moylan. A quorum was present. Also present were: City Manager Bartholomew, Assistant Director of Finance Podbial, Director of Public Works and Engineering Oakley, Community and Economic Development Manager Carlisle, Deputy Fire Chief Matzl, Police Chief Anderson, and General Counsel Friedman. PRAYER AND The prayer and the Pledge of Allegiance to the Flag of the United States of America PLEDGE were offered by Alderman Zadrozny. PUBLIC Sherry Elkhaldy asked for assistance regarding the unsatisfactory condition of her COMMENT house possibly due to flooding. Bob Jaegers expressed his concern regarding outsourcing the crossing guards. ALDERMEN Alderman Brookman stated her intention to move later in the meeting Item 2b ANNOUNCEMENTS regarding Ordinance Z-40-21 be removed from Community Development agenda tonight and be deferred to the City Council meeting on August 16, 2021. Alderman Brookman will be hosting a community meeting regarding Ordinance Z-40-21 on July 25, 2021, 7:00 p.m. at the former Good Sheppard Church. MAYORAL Mayor Goczkowski mentioned the amazing example of community he witnessed at a ANNOUNCEMENTS local birthday party he attended. On March 16, 2020, a Declaration of Civil Emergency for the City of Des Plaines related to the COVID-19 emergency was authorized. The Declaration provided that: (1) the City may enter into contracts for the emergency purchase of goods and services; (2) the City Manager may implement emergency staffing protocols pursuant to the City's respective collective bargaining agreements; and (3) directed City officials and employees to cooperate with other government agencies. In accordance with Illinois statutes, the Mayor's Declaration lasted only for a period of seven days, unless it was extended by action of the City Council. At each subsequent City Council meeting, the City Council, by motion, extended the Declaration until the next adjournment of the next special or City Council meeting. This extension of the Declaration includes the Supplemental Order dated July 29, 2020. Mayor Goczkowski presented an extension to the Declaration of Civil Emergency. Page 2 of 8 07/19/21 Moved by Oskerka, seconded by Chester, to extend the March 16, 2020 Declaration of Civil Emergency until the adjournment of the next regular, special, or emergency meeting of the City Council. Upon roll call, the vote was: AYES: 6 - Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 2 - Lysakowski, Moylan Motion declared carried. CONSENT Alderman Chester requested Item 3, Ordinance Z-39-21, be removed from the Consent AGENDA Agenda. Moved by Brookman, seconded by Chester, to establish the Consent Agenda. Upon voice vote, the vote was: AYES: 6 - Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 2 - Lysakowski, Moylan Motion declared carried. Moved by Chester, seconded by Brookman, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 6 - Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 2 - Lysakowski, Moylan Motion declared carried. Minutes were approved; Resolutions R-117-21, R-121-21 were adopted. APPROVE PUR/ Moved by Chester, seconded by Brookman to Approve Resolution R-117-21, A TRITECH SW/ RESOLUTION AUTHORIZING THE PURCHASE OF TRITECH SOFTWARE CENTRAL SYSTEMS SOFTWARE FROM CENTRAL SQUARE. Motion declared carried as SQUARE: approved unanimously under Consent Agenda. Consent Agenda Resolution R-117-21 APPROVE FUNDS/ Moved by Chester, seconded by Brookman to Approve Resolution R-121-21, A HEALTH & LAW RESOLUTION APPROVING AND AUTHORIZING THE EXPENDITURE OF RES/EMPL FUNDS TO HEALTH & LAW RESOURCE, INC FOR EMPLOYMENT RELATED RELATED CONSULTING SERVICES. Motion declared carried as approved unanimously under CONSULTING Consent Agenda. SVCS: Consent Agenda Resolution R-121-21 Page 3 of 8 07/19/21 GRANTING A Alderman Chester requested this item be removed and sent back to Community CONDITIONAL Development Committee for the August 2, 2021 City Council Agenda. USE PERMIT FOR COMMERCIALLY Moved by Smith, seconded by Brookman to pull and send back to the Community ZONED ASSY USE Development Committee Ordinance Z-39-21 to be heard at the City Council Meeting AT 69-79 on August 2, 2021, AN ORDINANCE GRANTING A CONDITIONAL USE BROADWAY ST PERMIT FOR A COMMERCIALLY ZONED ASSEMBLY USE AT 69-79 Consent Agenda BROADWAY STREET, DES PLAINES, ILLINOIS. Upon roll call, the vote was: Ordinance AYES: 6 - Oskerka, Zadrozny, Brookman, Chester, Z-39-21 Smith, Ebrahimi NAYS: 0- None ABSENT: 2- Lysakowski, Moylan Motion declared carried. APPROVE Moved by Chester, seconded by Brookman to Approve the Minutes of the City Council MINUTES meeting of July 6, 2021, as published. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. APPROVE Moved by Chester, seconded by Brookman to Approve the Closed Session Minutes of MINUTES the City Council meeting of July 6, 2021, as published. Motion declared carried as Consent Agenda approved unanimously under Consent Agenda. NEW BUSINESS: FINANCE & ADMINISTRATION — Alderman Zadrozny, Chairman WARRANT Alderman Zadrozny presented the Warrant Register. REGISTER Resolution Moved by Zadrozny, seconded by Brookman, to approve the Warrant Register of R-118-21 July 6, 2021 in the Amount of $3,659,807.14 and approve Resolution R-118-21. Upon roll call, the vote was: AYES: 6 - Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 2 - Lysakowski, Moylan Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Chester, Chairman CONSIDER Community and Economic Development Manager John Carlisle reviewed a APPROVING A memorandum dated June 30, 2021. FINAL PLAT OF SUBDIVISION The petitioner, Peter Damiano, is requesting a Final Plat of Subdivision resubdivide FOR THE and absorb a portion of 1415 Redeker Road located at 09-17-200-044-0000 in the M- DAMIANO- 1 zoning district at 10 S. River Road. The subject property is 10,862 -square feet (0.249 MERCHANDISE acres) in size and is comprised of one lot, which is improved with a single building and RESUBDIVISION parking. The building on the subject property contains a 100 -square foot office area, AT 10 S RIVER RD 3,906 -square foot shop/storage area, and a separate 280 -square foot mechanical area Resolution with restrooms. The petitioner also currently holds a Land Lease with ComEd to park Page 4 of 8 07/19/21 R-119-21 within the ComEd right-of-way located south of the properties at 24 River Road and 1415 Redeker Road. The petitioner is proposing to resubdivide and absorb a portion of 1415 Redeker Road (Parcel 09-17-200-044-0000) located west of the subject property and behind the properties located at 20 River Road and 24 River Road. Lot 2 is 12,684 -square feet (0.291 -acres) in size and is comprised of one lot, which is improved with a portion of the multi -tenant manufacturing building located on 1415 Redeker Road and a gravel drive aisle/parking area. The petitioner proposes to improve Lot 2 with a paved, dust - free hard surface and utilize it to access the leased parking area within the ComEd right-of-way. Given the proposed acquisition of Lot 2 by the petitioner, this portion of the building, will be demolished as part of this request within a year of City Council approval. The petitioner recently submitted an application for a Tentative Plat of Subdivision and Major Variations for building setbacks and lot area, which was approved by Ordinance Z-30-21. The Planning and Zoning Board recommended (4-0) that the City Council approve of the request with the three conditions. Staff does not recommend approval or denial of Resolution R-119-21 to approve the Final Plat of Subdivision request. If approval of this request is sought, staff recommends adding the following conditions. Conditions of Approval: 1. The Lot 2 property identified on the Final Plat of Subdivision to be acquired by the owner of 10 S. River Road shall be only utilized for the ingress/egress to the 10 S. River Road property and the parking of vehicles to be serviced. No equipment, materials, or other items shall be stored in this location. 2. All existing structures located in Lot 2 property identified on the Final Plat of Subdivision shall be demolished and replaced with a dust -free hard surface within a year of City Council approval. 3. The Lot 2 property identified on the Final Plat of Subdivision shall be demolished and replaced with a dust -free hard surface within a year of City Council approval. Moved by Brookman, seconded by Chester, to approve the Resolution R-119-21, A RESOLUTION APPROVING A FINAL PLAT OF SUBDIVISION FOR THE DAMIANO-MERCHANDISE RESUBDIVISION LOCATED AT 10 S RIVER ROAD, DES PLAINES, IL. Upon roll call, the vote was: AYES: 6 - Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 2 - Lysakowski, Moylan Motion declared carried. CONSIDER Community and Economic Development Manager Carlisle reviewed a memorandum APPROVING dated July 8, 2021. PRELIM PLNED UNIT DVLP, Page 5 of 8 07/19/21 TENTATIVE PLAT The petitioner is requesting the following under the Zoning Ordinance: (i) a OF SUBDIVISION, Preliminary PUD under Section 12-3-5; (ii) a Conditional Use for a PUD under Section AND MAP AMDT 12-3-4; and (iii) a Map Amendment to rezone the subject property from C-3 General FOR 1050 E Commercial to R-3 Townhouse Residential under Section 12-3-7. The petitioner also OAKTON ST, 1000- requests a Tentative Plat of Subdivision under Section 13-2-2 of the Subdivision 1100 EXECUTIVE Regulations. Finally, under Section 8-1-9 of the Municipal Code, the petitioner will WAY, AND 1555 seek a Vacation of Public Streets to be approved by the City Council at the time of TIMES DR (CASE final plats for PUD and Subdivision. #21-019-PPUD- TSUB-MAP-CU) The petitioner is proposing a full redevelopment of 11.2 contiguous acres of vacant Ordinance property at 1050 East Oakton Street, 1090-1100 Executive Way, and 1515 Times Z-40-21 Drive. The proposal is for a residential -only development of 125 townhouses, tentatively branded as Halston Market. Seven townhouses would have two bedrooms, and 118 would have three bedrooms. The units would be horizontally connected to each other and spread across 23 separate buildings. Each building would be three stories with each unit having a ground -floor, two -car, rear -loaded garage (i.e. facing inward, not toward public streets or private drives). Walkways would connect unit front doors to public and private sidewalks. Each building will also have balconies and include landscaped grass front yards. However, the amount of private open space per unit is minimal, as the concept is built around shared open space. Centrally located on the site would be a landscaped common plaza of 14,000 square feet with benches, plantings, walkways, and open green space. There is also a 10,605 -square -foot common area oriented north -south between the buildings in the southwest portion. In the southeast portion, a stormwater retention area ("dry" basin, not a pond) of approximately 69,050 -square feet (1.6 acres), with 21 adjacent surface parking spaces intended for visitors. Fifteen additional spaces intended for visitors are interspersed through the development for a total of 286, which would meet the parking minimum of Section 12-9-7. The Building Design Review requirement under Section 12-3-11 would apply. In general, the applicant is proposing that for the elevations that would face public streets, the primary material is face brick on all three stories with projections of complementary vinyl. Elevations that would not face public streets contain face brick only on the ground floor, and where garage doors are shown, the brick is interrupted. Considering the large scale of the redevelopment, the proposal is somewhat restrained in tree removal. According to the petitioner, healthy trees in the existing row at the north lot line will be preserved and augmented where necessary. Together, these plantings along with existing and proposed fencing should serve as effective screening and separation between the development and the single-family residential neighborhood to the north and the commercial development to the east. New plantings throughout the development appear to provide both functional and aesthetic benefits. The petitioner is requesting the following bulk exceptions under Section 12-3-5 from the regulations for the proposed R-3 district: - Minimum lot area: Seventy-nine units are proposed with a lot area of 923 square feet, and 46 units are proposed at 1,038 square feet. The proposed lot area for each unit includes only the livable space inside the building and a small landscaped front yard. All other area in the development (e.g. open space, Page 6 of 8 07/19/21 driveways, stormwater retention) is allocated not to dwelling units but instead to the development overall. The minimum lot area per dwelling unit is 2,800 square feet. In the version of plans recommended for approval by the Planning and Zoning Board (PZB), the northernmost row of buildings were set back 21 feet from the north lot line when a minimum of 25 feet is required, so the petitioner was requesting a rear -yard exception, as well. However, after listening to input at the public hearing, the petitioner revised the drawings to move these buildings to the south such that a rear -yard exception is no longer necessary. Regarding streets and access, the petitioner proposes that most of the north -south portion of Executive Way — where it connects to Oakton and borders the post office — would remain a public street. However, at a point just south of the existing curve, the developer would construct a new east -west private drive and demolish the existing east -west segment of Executive Way. This would require a vacation of approximately 21,000 square feet. Similarly, a portion of Times Drive (approximately 7,700 square feet) would also be vacated and become private. The petitioner's traffic report discusses the parking and trip generation for the proposed townhouse development in more detail. The final conclusion is that the existing roadway system can absorb the new traffic and activity created by the development. The Illinois Department of Transportation (IDOT), citing existing signalized intersections at Lee Street and Webster Lane (1,600 feet apart), does not support the creation of an additional signalized intersection at Oakton. Pedestrians would be required to use the sidewalk on the north side of Oakton before reaching a marked crossing, approximately 700-800 feet in each direction (three -to -five-minute walk for an able-bodied person). However, the developer is proposing a pedestrian opening at the east lot line, near the retention pond. The petitioner has requested a map amendment to rezone the subject property from C- 3 General Commercial to R-3 Townhouse Residential. Other than the listed exception(s), the proposed development would meet all other R- 3 bulk regulations as excerpted in this table: Bulk Regulations for R-3 Townhouse Residential Yard Required Proposed Front Yard (South) Min.: 25 Feet 25 Feet Rear Yard (North) Min.: 25 Feet, if Building Height < 35 feet 25 Feet Side Yard (East) Min: 5 Feet 22 Feet Corner Side Yard (West) Min: 10 Feet 21 feet Building Height Three stories Max: 45 Feet (About 35 feet) Page 7 of 8 07/19/21 A conditional use is required in R-3 by virtue of the proposed PUD. Conditional uses for PUDs are approved at the time of final plat, but nonetheless, the request and requirement are listed here for the record. The petitioner is requesting a Tentative Plat of Subdivision to resubdivide the subject property. Under Section 13-3-1 the Subdivision Regulations require improvement of adjacent rights-of-way, which means, for example, that Executive Way next to the Post Office will receive new curb, gutter, and resurfacing. Further, under Section 13-4 the Subdivision Regulations require park land dedication and/or fee -in -lieu, although proposed private open space could provide a partial offset. The existing property contains eight lots, which would be divided into lots for each individual townhouse unit (125), plus six lots for common areas, private drives, and the stormwater retention area for a total of 131. The new subdivision will encompass the entire 11.2 -acres. The petitioner's Tentative Plat shows that the size of each townhouse parcel will vary from 923 square feet in size for interior units to 1,038 square feet in size for end units. The Tentative Plat also shows the following existing easements: (i) a 13 -foot Public Utility Easement and 20 -foot building line on both sides of Executive Way throughout the development; (ii) a 13 -foot Public Utility Easement and 20 -foot building line on both sides of Times Drive throughout the development; (iii) a 20 -foot building line along Oakton Street on the south side of the lot; (iv) a ten - foot electric and telephone easement and 24 -foot ingress, egress, and driveway easement behind the commercial development on the south side of the lot; (v) a 23 - foot public utility easement along the existing drive aisle east of the proposed detention area; (vi) a 15 -foot public utility easement along the east property line of the development; and (vii) a five-foot public utility easement located along the north property line of the development. The proposal includes vacating a portion of Executive Way and Times Drive with their respective easements. The applicant will seek vacations of public streets. The community will not be gated where public streets would transition into private drives. Furthermore, regarding Times Drive, the commercial property at the northeast corner of Times and Oakton relies on Times for access. It is recommended the City retain the southernmost approximately 110 linear feet, with a redevelopment agreement stating that townhouse owners will be responsible for maintenance of this segment. The City is in the process of appraising the right-of-way areas, and staff recommends that executing the agreement(s) and recording the corresponding plat is a condition for approval. The Planning and Zoning Board (PZB) recommended (4-0) that the City Council approve the requests with conditions as stated below. Additionally, staff recommends approval of Ordinance Z-40-21, which approves a Preliminary Planned Unit Development with exception(s) as requested by the petitioner, Tentative Plat of Subdivision, Map Amendment from C-3 to R-3, and Conditional Use for a Planned Unit Development in the R-3 zoning district, subject to: 1. The necessary redevelopment agreement and Plat of Vacation should be negotiated with and approved by the City prior to recording of any Final PUD Plat or Final Plat of Subdivision. All preliminary or tentative plats should be revised, if necessary, to reflect the agreed-upon vacations. Page 8 of 8 07/19/21 2. The governing documents for the subject parcels will be reviewed and approved by the City Attorney prior to the recording of any Final PUD Plat or Final Plat of Subdivision. 3. All proposed improvements and modifications shall be in full compliance with all applicable codes and ordinances. Drawings may have to be modified to comply with current codes and ordinances. Moved by Brookman, seconded by Zadrozny, to remove Ordinance Z-40-21 from Community Development Agenda and defer to the City Council Meeting of August 16, 2021, on the Community Development Agenda, AN ORDINANCE APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT, TENTATIVE PLAT OF SUBDIVISION, AND MAP AMENDMENT FOR 1050 EAST OAKTON STREET, 1000-1100 EXECUTIVE WAY, AND 1555 TIMES DRIVE (CASE #21-019-PPUD-TSUB-MAP-CU). Upon roll call, the vote was: AYES: 6 - Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 2 - Lysakowski, Moylan Motion declared carried. OTHER MAYOR/ Alderman Brookman announced notices will be sent in various formats regarding the ALDERMAN upcoming Ward 5 meeting to discuss Ordinance Z-40-21 on July 25, 2021, 7:00 p.m. COMMENTS FOR at the former Good Sheppard Church. THE GOOD OF THE ORDER Mayor Goczkowski announced he is working with staff to arrange a citywide garage sale for the weekend of September 24, 2021 ADJOURNMENT: Moved by Brookman, seconded by Oskerka to adjourn the meeting. The meeting adjourned at 7:29 p.m. J ssic M. Mastalski —'City Clerk APPROVED BY ME THIS DAY OF 2021 Andrew Goczkowski, MAYOR