Committee of the Whole

COMMITTEE OF THE WHOLE MINUTES AUGUST 25, 2014 Present: Mayor Burns, Ald. Brown, Bruno, Cummings, Flanagan, Kilburg (arrived at 8:29pm), Marks, Simonian, Singer, Seno Absent: Ald. Maladra Also Present: McKittrick, Dawkins, Untch, Schiber, DeGroot, VanGyseghem 1. Call to Order Chairman Simonian called the meeting to order at 7:00pm noting that Ald. Kilburg and possibly Ald. Maladra would be arriving late. On a motion by Ald. Brown, second by Ald. Seno, the agenda was revised to allow Closed Session at the top of the meeting. V/V: 8‐0 2. Closed Session on Potential, Probable, or Imminent Litigation. Moved by Ald. Brown, second by Ald. Bruno Ayes: 8 Nays: 0 Motion carried. Adjourned to closed session at 7:06pm On a motion by Ald. Brown, second by Ald. Cummings, the meeting was called back to open session at 7:30pm. Ayes: 8 Nays: 0 Motion carried. 3. Consider Consent Agenda Moved by Ald. Marks, second by Ald. Seno V/V: 8‐0 Motion carried. *4. Approve Committee of the Whole Minutes from July 28, 2014, and August 11, 2014 Approved on Consent Agenda 5. Items of Business COMMITTEE OF THE WHOLE MINUTES – AUGUST 25, 2014 1 a. Recommend Draft Resolution Authorizing Water Div. Purchase of a Replacement One‐Ton Dump Truck/Plow Truck Through the Illinois Joint Purchase Program in the Amount of $39,145. Moved by Ald. Brown, second by Ald. Bruno V/V: 8‐0 Motion carried. b. Recommend Draft Resolution Declaring Water Div. Surplus Property – 2003 For F450. Moved by Ald, Flanagan, second by Ald. Bruno V/V: 8‐0 Motion carried. c. Recommend Draft Resolution Authorizing Water Div. Purchase of a Replacement Water and Sewer Utility Truck in the Amount of $39,230. Moved by Ald. Brown, second by Ald. Seno V/V: 8‐0 Motion carried. d. Recommend Draft Resolution Declaring Water Div. Surplus Property – 2000 Ford F350. Moved by Ald. Marks, second by Ald. Bruno V/V: 8‐0 Motion carried. e. Recommend Draft Resolution Authorizing Contract with V3 Company in an Amount Not to Exceed $328,507.34 for Third Street Parking Deck Expansion Construction Management Services Subject to Metra Review and Approval. Moved by Ald. Marks, second by Ald. Seno V/V: 8‐0 Motion carried. f. Recommend Draft Ordinance Amending Site Plan/Final Planned Unit Development Plan Approval by Ordinances 1995‐97A and 1996‐28 Related to Conversion of Former Applebee’s Restaurant Into a Panera Bread Drive‐Through Restaurant at 1690 N. Randall Road. Moved by Ald. Brown, second by Ald. Marks V/V: 8‐0 Motion carried. g. Recommend Draft Ordinance Amending Title 11 (Zoning Ordinance) Section 11‐12‐6D (Electronic Message Board Signs) to Increase Allowable Frequency of Messages from Twice Per Day to Once Every Five Minutes. Moved by Ald. Singer, second by Ald. Flanagan Rev. Steve Okpicz with Faith Lutheran Church, was on hand to answer questions on the proposed changes. He also stated that an original problem with circuitry and brightness of the sign had been remedied. Church member Pat Winter stated that the adjoining neighbors/property owners were not opposed to the change in message frequency as presented. On a question from Ald. Marks, Planner DeGroot confirmed that this ordinance amendment would apply to all electronic message signs. V/V: 9‐0 Motion carried. COMMITTEE OF THE WHOLE MINUTES – AUGUST 25, 2014 2 h. Recommend Draft Ordinance to Amend Section 2 (Residential Area Development Standards) Paragraph F (Setback Requirements/Building Envelopes) of Ordinance No. 97‐24B (A Special Use as a Mixed Use Planned Unit Development for the North Riverfront Redevelopment Project) to Increase the Allowable Floor Area Ratio from 0.5 to 1.0 for Lots 4 through 8 in the North Riverfront Planned Unit Development. Dennis Gramlich, 100 N. River Lane, president of the condo association adjacent to this proposed development. Mr. Gramlich voiced the assoication’s opposition to the development noting drainage issues and the size of the proposed units that face west. Reduced property values and limited views were also raised as concerns of the condo association. Jack Holscher, 128 N. First Street, voiced his opposition to the development noting the impact it would have on the character of the neighborhood. Eric Wick, who lives at 100 N. River Lane, was concerned about the drainage and what recourse those residents would have. Dir. Untch stated that drainage issues would be reviewed as part of the regular permit review process with construction. Dave Patzelt, representing the developer, Shodeen, questioned Mr. Gramlich’s representation of the condo association and also clarified that the lot density would not be addressed in this request, only the floor area ratio. The height would not be any taller than what is allowed. Patzelt confirmed that the Historic Preservation Commission had reviewed and approved the plans. Patzelt noted that the architects kept the character of the neighborhood in mind when designing the building. Roll Call: Ayes: 6 Nays: 2 Motion carried. i. Recommend Draft Ordinance for an Amendment to Eagle Brook Planned Unit Development and a Special Use to Allow a Tattoo Shop at 1871 S. Randall Road. Moved by Ald. Cummings, second by Ald. Marks Dir. Untch began the discussion noting that the Plan Commission approved the use by a vote of 4‐3. The ‘no’ votes expressed concern over the proximity to residences on Bent Tree and the impact on nearby businesses. Untch stated that the commission approved the use under the following conditions:  Special use granted for the southern ½ of Unit E only  ‘no loitering’ signs would be posted on the east side of the establishment  Hours of operation would be 12 noon to 9pm Sunday through Saturday  The special use would be granted only to the applicant and not valid for future lessors. Attorneys for the two existing condo owners were presented opposition to the special use based on their belief that the covenants of the condo association do not allow this use and therefore would be invalid. The attorneys also stated that their clients opened in that location with the understanding of intended uses, a tattoo shop not being an allowed use. COMMITTEE OF THE WHOLE MINUTES – AUGUST 25, 2014 3 Ald. Bruno stated that the condo owners have their own process of approving a tenant but that should not have bearing on the council’s job of approving the special use. Attorney Peter Storm stated that amending the PUD to allow a special use was not the proper process for this applicant. Mayor Burns stated that the Panera Bread drive through item on the evening agenda was the same type of approval and had no issues. The owner of the condo in question, Hamid Batemi, stated that he owned a majority of the condo property and had not been approached by the other owners to discuss the issue. Batemi believe the other owners did not want this type of business near theirs. Batemi also stated that he has not had productive communications with the owners. Batemi believed his tenant was ethical and professional and would not allow if not. Resident Jim Radecki asked the council to vote based on whether this change would be a benefit to the City. Ald. Simonian, while stating that he would like this applicant to open in Geneva, felt that the adjacent property owners’ concerns outweighed the applicant’s intent and would not vote to approve the special use as presented. Simonian urged the applicant to seek another location. Roll Call: Ayes: 4 Nays: 5 Motion failed. Mayor Burns stated that if the applicant desires, the item could be forward to formal City Council on September 2, 2014 and would wait to hear from the applicant. 6. New Business Ald. Simonian mentioned the Mayor’s upcoming birthday. Ald. Singer noted the recent news release on Geneva being one of the safest communities in Illinois. Ald. Simonian also mentioned the Geneva Art Fair being ranked as one of the best in the area. Ald. Flanagan reminded volunteers that fall planting would be taking place on the weekend. 7. Upcoming Meetings: Committee of the Whole: Mon., Sept. 8, 2014. 8. Adjournment On a motion by Ald. Singer, second by Ald. Marks, the meeting was adjourned by unanimous voice vote at 10:04pm. COMMITTEE OF THE WHOLE MINUTES – AUGUST 25, 2014 4