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07/16/2012MINUTES 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 16, 2012 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by Mayor Martin J. Moylan at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, July 16, 2012. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Bogusz, Sayad, Brookman, Walsten, Wilson, and Charewicz. Alderman Robinson was absent. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Acting Police Chief Kozak, Fire Chief Wax, Director of Information Technology Duebner, Director of Public Works & Engineering Oakley, Assistant Director of Public Works & Engineering Duddles, Civil Engineer Peebles, Building & Property Inspection Supervisor Ehrke, Senior Planner Mangum, and City Attorney Wiltse. PRAYER AND The opening prayer was given by Roberta Hemmati of the Baha'i Community PLEDGE: of Des Plaines, followed by the Pledge of Allegiance. CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that PART.: last night at about 9:35 p.m. he left Ellinwood Street which had tents and a soundstage; by 10:30 a.m. Monday, Ellinwood Street was cleaned up and you would not have known there was an event; he wanted to compliment these people; the entertainment was great; he wanted to give a lesson in business; the businesses could have raised their prices, but did not; you should always count on repeat business. Mr. Al Brown, 675 Pearson Street, addressed the City Council asking about a procedure; notes which he presented at the last meeting; he did not see the notes in the minutes; aren't they supposed to be in the minutes. City Attorney Wiltse explained that notes are not put in the minutes unless someone asks a Council member to append them to the minutes and there is a consensus of the Council members; it is the Council's decision. Mr. Russell John, 275 Drake Lane, addressed the City Council regarding water conservation; weather conditions contribute to greater water usage; surrounding counties drill deeper and ground water levels are dropping; water treatment plants are working at full capacity; usage up 70% due to lawn irrigation; he urged the City Council to amend outdoor watering restrictions; ban all unattended lawn sprinkling; 50% of water goes down the drain; need to reduce water consumption; Mr. John urged the Council to eliminate all lawn irrigation during the drought, implement a lawn watering ban and educate citizens on water conservation; he is volunteering to help educate the citizens. 0d Page 2 of 8 7/16/12 CITIZEN Mr. Tim O'Conner, 1358 Campbell, addressed the City Council stating he was PART.: upset with $3 Million streetscape plan which was discussed at the last meeting (Cont'd) and the decision the Council made regarding the improvements; it is not a good idea; he spoke with many retail entrepreneurs regarding what attracts business; there is a lack of focus on the downtown area; he suggested that the Council offer incentives for TIF #1; a strategy is necessary. Ms. Ella Bramwell, Community Outreach Liaison for Holy Family Medical Center, addressed the City Council inviting everyone to attend the 4ch Annual Family Fest on Saturday, August 11, 2012 from 10 a.m. to 2 p.m. at Holy Family Medical Center. There will be a variety of activities, health screenings and backpacks with school supplies will be offered for the first 300 children. CONSENT Motion by Haugeberg, seconded by Sayad, to establish the Consent Agenda. AGENDA Motion declared carried. Motion by Walsten, seconded by Charewicz, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7- Haugeberg, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 1- Robinson Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinances M -21 -12 and M -25 -12 were adopted. MINUTES: Moved by Walsten, seconded by Charewicz, to approve minutes of the Regular Consent Meeting of the City Council held July 2, 2012, as published. Motion declared Agenda carried as approved unanimously under Consent Agenda. LIC. Moved by Walsten, seconded by Charewicz, to concur with Staff LIO. /CHANGE OF recommendation to approve Liquor License Change of Ownership for Kuhn's OWNERSHIP/ Delicatessen & Liquors of Des Plaines, Inc., d/b /a Kuhn's Delicatessen & 749 WEST GOLF Liquors of Des Plaines, 749 West Golf Road, to Classification B H -1. Motion ROAD: declared carried as approved unanimously under Consent Agenda. Consent Agenda ORDINANCE Moved by Walsten, seconded by Charewicz, to adopt Ordinance M- 21 -12, AN M -21 -12 ORDINANCE GRANTING A CONDITIONAL USE TO AUTHORIZE A PARKING PAD/ PARKING PAD LOCATED IN THE REAR YARD OF THE PROPERTY 436 NORTH LOCATED AT 436 STATE STREET, DES PLAINES, ILLINOIS (CASE #12- STATE ST.: 029 -PP). Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Walsten, seconded by Charewicz, to adopt Ordinance M- 25 -12, AN M -25 -12 ORDINANCE GRANTING A CONDITIONAL USE TO AUTHORIZE �0� Page 3 of 8 7/16/12 PARKING PAD/ PARKING PAD LOCATED IN THE FRONT YARD OF THE PROPERTY 1093 SEYMOUR: LOCATED AT 1093 SEYMOUR AVENUE, DES PLAINES, ILLINOIS (CASE #12- 035 -PP). Motion declared carried as approved unanimously under Consent Agenda. MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Bogusz, Chair WARRANT Moved by Walsten, seconded by Haugeberg to recommend to the City Council REGISTER: approval of the July 16, 2012 — Warrant Register, in the total amount of $2,877,059.81; and further recommend to the City Council that Resolution R- 96-12 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Haugeberg, Chair INDOOR Senior Planner Mangum reviewed his Memorandum of June 27, 2012 regarding SHOOTING a request for a Conditional Use Permit under Section 7.4 -5 -C of the 1998 Des RANGE /75 Plaines Zoning Ordinance, as amended, for the operation of an Indoor Shooting BRADROCK: Range with accessory Firearm Sales in the M -2 Zoning District. The Zoning Board of Appeals and Staff are recommending approval. Senior Planner Mangum gave an explanation of the process that the Petitioner had to follow and the definition of a conditional use. This is the second location being considered since the first location did not work out. The Petitioner must meet the following conditions: 1. Prior to issuance of the Conditional Use Permit, the applicant shall submit a Landscape Plan with areas of new and reconstructed parking lot in compliance with Interior Parking Lot Landscaping requirements per Section 10.8 -2 of the Zoning Ordinance. 2. Prior to issuance of the Conditional Use Permit, a revised Site Plan shall be submitted with diagonal pavement striping, minimum 4' wide, along the west side of the building for pedestrians to walk along so that they are out of the traffic lanes, and a sidewalk connection from the street sidewalk to the front entrance to the satisfaction of the Directors of Community and Economic Development and Public Works and Engineering. 3. Prior to issuance of the Conditional Use Permit, the applicant shall submit a security plan, including a security system with direct call to the City's 9 -1 -1 system, reinforcement of exterior and interior doors, and locking mechanisms for all firearms to the satisfaction of the Chief of Police. 4. Prior to issuance of the business license, the applicant shall improve the parking lot with interior landscaping in new and reconstructed areas, with diagonal pavement striping, minimum 4' wide, along the west side of the building for pedestrians to walk along so that they are out of the traffic lanes, and install a sidewalk connection from the street sidewalk to the front entrance. 5. Prior to issuance of the business license, all security measures included in I� 4 ,� Page 4 of 8 7/16/12 INDOOR the security plan shall be in place to the satisfaction of the Chief of Police. SHOOTING 6. All landscaping materials shall be maintained in good condition so as to RANGE /75 present a healthy and orderly appearance, and plant material not in this BRADROCK: condition shall be replaced when necessary and shall be kept free of refuse (Cont'd) and debris. 7. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. Acting Police Chief Kozak answered questions from the Aldermen regarding security of the building and fencing. Mr. Barry Levin of Maxon's Shooting Supplies, 1226 Rand Road, addressed the Committee of the Whole explaining some of the aspects of the security. Mr. Mark Albertario, 480 Green Bridge, Prospect Heights, addressed the Committee of the Whole stating that he is a volunteer for the NRA; his organization has a great relationship with Maxon's; he encouraged the Council to pass this request without further delay. Moved by Sayad, seconded by Charewicz, to concur with Staff recommendation and recommend to the City Council, re Case #12- 033 -CU, to approve Conditional Use for the operation of an Indoor Shooting Range with accessory Firearm Sales at 75 Bradrock in the M -2 Zoning District; and further recommend that Ordinance Z -22 -12 be placed on First Reading at appropriate time this evening. Motion declared carried. LEGAL & LICENSING — Alderman Wilson, Vice Chair AMEND CITY Vice Chair Wilson reviewed City Attorney's Memorandum of July 3, 2012 CODE/TITLE 6/ regarding an amendment to the Trespassing Ordinance. TRESPASSING: City Attorney Wiltse answered questions from the Aldermen. Moved by Haugeberg, seconded by Walsten, to concur with Staff recommendation and recommend to the City Council to approve the proposed revisions; and further recommend that Ordinance M -23 -12 be placed on First Reading at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Walsten, Chair LADDER TRUCK Alderman Walsten stated that a couple of meetings were held. Three of the four STUDY: vendors presented. The Public Safety Committee recommends that McGrath Consulting Group, Inc. be selected to conduct the Ladder Truck Study. Moved by Charewicz, seconded by Brookman, to add McGrath Consulting Group, Inc., Wonder Lake, Illinois, in the best interest of the City, to conduct a Ladder Truck Study for 17 weeks in an amount not to exceed $20,250.00 and to amend Resolution R -97 -12 by inserting the selected vendor's name (McGrath), �0 Page 5 of 8 7/16/12 LADDER TRUCK location, price and proposed schedule. Motion declared carried. STUDY: (Cont'd) Moved by Charewicz, seconded by Brookman, to approve Resolution R- 97 -12, as Amended, at appropriate time this evening. Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. TEXT Moved by Haugeberg, seconded by Charewicz, to place on First Reading AMENDMENT / Ordinance Z- 21 -12, AN ORDINANCE AUTHORIZING A TEXT TRADE AMENDMENT TO TABLE 7.3.1, "COMMERCIAL DISTRICT USE CONTRACTORS MATRIX," OF THE CITY OF DES PLAINES ZONING CODE. Motion AS COND. USE: declared carried. Alderman Brookman voted no. Ordinance Z -21 -12 ORDINANCE Moved by Sayad, seconded by Bogusz, to advance to Second Reading and Z -21 -12 adopt Ordinance Z- 21 -12, AN ORDINANCE AUTHORIZING A TEXT TEXT AMENDMENT TO TABLE 7.3.1, "COMMERCIAL DISTRICT USE AMENDMENT / MATRIX," OF THE CITY OF DES PLAINES ZONING CODE. Upon roll TRADE call, the vote was: CONTRACTORS AYES: 6- Haugeberg, Bogusz, Sayad, AS COND. USE: Walsten, Wilson, Charewicz NAYS: 1- Brookman ABSENT: 1- Robinson Motion declared carried. PACE BUS This agenda item was postponed from the July 2, 2012 City Council meeting. SHELTER RELOCATION: Director of Public Works and Engineering Oakley reviewed the supplemental information provided in the Memorandum dated July 13, 2012 from Jon Duddles, Assistant Director of Public Works and Engineering regarding the PACE Bus Shelter relocation and answered questions from the Aldermen. Moved by Wilson, seconded by Sayad, to suspend the rules to allow public input. Motion declared carried. Mr. Peter Knysz, Christopher Burke Engineering, 9575 West Higgins Road, Rosemont, addressed the City Council stating his company followed state and federal protocols. Mr. Knysz answered questions from the Aldermen. Mr. Steve Sawyer, Gabriel Environmental Services, 1421 North Elston Avenue, Chicago, addressed the City Council stating that it was determined to test three locations for pollution and particulates and gave the results of the testing. Mr. AFl- Page 6 of 8 7/16/12 Sawyer answered questions from the Aldermen. PACE BUS Mr. Al Brown, 675 Pearson Street, addressed the City Council asking what the SHELTER purpose of moving the bus shelter is; read the costs; what is the return on RELOCATION: investment; he referred to an article in the Des Plaines Journal newspaper; his notes and photos can be found on the website desplaineWlan.com he made a comparison of the distance between the current location of the bus stop and the proposed location; he watched people walking across the street at different points and gave a comparison of the distances. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that residents are worried about property values; he suggested an alternative solution which would be to have the bus stop in front of City Hall for several reasons: (1) it is not in a residential area; (2) there would be better policing; and (3) this would not take competition away from the businesses. Ms. Maureen Joyce, 650 South River Road, addressed the City Council stating that she has lived in her beautiful condominium for 2 and 'h years; it is noisy; she has to close the windows to watch television; she quoted an article several times in the Des Plaines Journal newspaper regarding the City's plan to spend $100,000 to move the bus stop; she suggested replacing the current shelter; property values will go down. Ms. Linda Wolff, 675 Pearson Street, addressed the City Council stating her concerns that the business owners have lived with the current bus shelter for years have identified it as an eyesore; safety is a huge concern. Ms. Mary Lou Cacioppo, 675 Pearson Street, addressed the City Council reading a statement and urged the City Council to make the residents a priority and to vote no. Mr. Tim O'Connor, 1358 Campbell Street, addressed the City Council asking the Council to consider the quality of life as a result of these improvements. Ms. Katie Leweling, 650 South River Road, addressed the City Council stating that she enjoys her home; she will not be able to enjoy it once the bus shelter is installed in front of her home; she is concerned about what others will see when they come through the gateway to the City; she is concerned about traffic. Ms. Jennifer Finelli, 675 Pearson Street, addressed the City Council thanking everyone for the opportunity to be heard; Des Plaines should be inviting and clean; everyone takes pride in their home; please help us keep it beautiful. Ms. Irene Rozansky, President of River Pointe Condominium Association, 650 South River Road, addressed the City Council thanking everyone for listening to the residents' concerns; she watched the meetings and read articles in the newspaper; she expressed her thoughts on the TIF #1 streetscape plans; she thanked the Council for hiring a local consultant; there was not enough time to digest the responses to their questions; she requested more time for a more ��;,A Page 7 of 8 7/16/12 thorough review; some people like change; some people do not; she urged the Council to consider change; she suggested several options to be considered; the residents have a right to examine every part of the plan; she urged the Council to continue for no less than 30 days. Moved by Mayor Moylan, seconded by Haugeberg to TABLE this item to the August 20, 2012 Council meeting. Motion declared carried. Alderman Wilson voted no. Alderman Sayad stated that he will call an Engineering Committee meeting to discuss points raised by the residents. WARRANT Moved by Bogusz, seconded by Sayad, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R- 96 -12, 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 R -96 -12 MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME, AS AMENDED. Total: $2,877,059.81. Upon roll call, the vote was: AYES: 7- Haugeberg, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 1- Robinson Motion declared carried. INDOOR Moved by Brookman, seconded by Sayad, to amend Ordinance Z -22 -12 by SHOOTING adding the following condition: "That the Police and Fire radios work in the RANGE /75 building, and any improvements would be at the owner's expense." Motion BRADROCK: declared carried. Alderman Charewicz voted no. Ordinance Moved by Sayad, seconded by Walsten, to place on First Reading Ordinance Z- Z-22-12 22 -12, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 7.4 -5 C. OF THE ZONING ORDINANCE TO PERMIT THE OPERATION OF AN INDOOR SHOOTING RANGE WITH ACCESSORY FIREARM SALES AT 75 BRADROCK DRIVE, DES PLAINES, ILLINOIS (CASE 412- 033 -CU), AS AMENDED. Motion declared carried. ORDINANCE Moved by Sayad, seconded by Walsten, to advance to Second Reading and Z -22 -12 adopt Ordinance Z- 21 -12, AN ORDINANCE AUTHORIZING A TEXT INDOOR AMENDMENT TO TABLE 7.3.1, "COMMERCIAL DISTRICT USE SHOOTING MATRIX," OF THE CITY OF DES PLAINES ZONING CODE, AS RANGE /75 AMENDED. Upon roll call, the vote was: BRADROCK: AYES: 7- Haugeberg, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 1- Robinson Motion declared carried. Page 8 of 8 7/16/12 AMEND CITY Moved by Wilson, seconded by Charewicz, to place on First Reading CODE /TITLE 6/ Ordinance M- 23 -12, AN ORDINANCE AMENDING TITLE 6, "POLICE TRESPASSING: REGULATIONS," CHAPTER 2 "GENERAL OFFENSES," SECTION 3, "TRESPASSING," OF THE DES PLAINES CITY CODE. Motion declared Ordinance carried. M -23 -12 ORDINANCE Moved by Haugeberg, seconded by Sayad, to advance to Second Reading and M -23 -12 adopt Ordinance M- 23 -12, AN ORDINANCE AMENDING TITLE 6, AMEND CITY "POLICE REGULATIONS," CHAPTER 2 "GENERAL OFFENSES," CODE /TITLE 6/ SECTION 3, "TRESPASSING," OF THE DES PLAINES CITY CODE. Upon TRESPASSING: roll call, the vote was: AYES: 6- Haugeberg, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None (Alderman Bogusz not present during voting) ABSENT: 1- Robinson Motion declared carried. LADDER TRUCK Moved by Walsten, seconded by Charewicz, to adopt Resolution R- 97 -12, A STUDY: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A CONSULTANT FOR AN AERIAL LADDER TRUCK Resolution STUDY FOR THE CITY OF DES PLAINES, AS AMENDED. Upon roll call, R -97 -12 the vote was: AYES: 7- Haugeberg, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 1- Robinson Motion declared carried. FOUNTAIN It was the consensus of the aldermen to request that the City Manager bring this BLUE /SOUND issue back to the Council at the August 6, 2012 meeting. CONSULTANT: ADJOURNMENT: Moved by Haugeberg, seconded by Charewicz, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:30 p.m. APPROVED BY ME THIS DAY OF , 2012 i Mart' J. o , MAYOR Gloria T Ludwig — CIVY CLERK