12/18/2017MINUTES 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,
DECEMBER 18, 2017
CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was
ORDER: called to order by Mayor Bogusz at 6:30 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, December 18, 2017.
ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd,
Sayad, Brookman, Chester, Smith and Charewicz.
CLOSED Moved by Sayad, seconded by Robinson, to enter into Closed Session to discuss
SESSION: Collective Bargaining and Probable Litigation. Upon roll call, the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
The City Council recessed at 6:30 p.m.
The City Council reconvened at 7:10 p.m.
Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd,
Sayad, Brookman, Chester, Smith, Charewicz. A quorum was present.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski,
Assistant Director of Public Works and Engineering Duddles, Director of Community and Economic
Development McMahon, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman.
PRAYER AND The prayer was given by City Clerk Tsalapatanis, followed by the Pledge of
PLEDGE: Allegiance to the Flag of the United States of America.
CITIZEN Resident Wayne Serbin announced the Frisbie Senior Center will hold a Christmas
PARTICIPATION: and New Year's Day lunch. City Clerk Tsalapatanis stated December 19 is the
last day to register for those who want to attend the Frisbie Senior Center
Christmas Day lunch.
CITY CLERK City Clerk Tsalapatanis expressed her condolences in the passing of Former City
ANNOUNCEMENTS Clerk Donna McAllister. Donna served as City Clerk for 27 -years and will be
remembered and missed.
CONSENT
AGENDA:
Moved by Rodd, seconded by Sayad, to establish the Consent Agenda. Motion
declared carried.
Moved by Sayad, seconded by Brookman, to approve the Consent Agenda. Upon
roll call, the vote was:
(Cont.)
APPROVE
TACTICAL
TRAINING
COURSE/MID-
SOUTH
INSTITUTE:
Consent Agenda
Resolution
R-189-17
APPROVE AGMT/
IDOT/
CONVERSION OF
TRAFFIC
CIRCLE:
Consent Agenda
Resolution
R-191-17
Page 2 of 8 12/18/17
AYES: 8-Lysakowski, Robinson, Rodd, Sayad
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Minutes were approved; Resolution R-189-17, R-190-17, R-191-17, R-192-17;
R-193-17; R-195-17; R-196-17; Ordinances M-45-17 were adopted.
Alderman Brookman requested that this item be removed for discussion.
Police Chief Kushner answered questions regarding the training course.
Moved by Brookman, seconded by Rodd, to Approve Training for the Police
Department Tactical Response Team at Mid -South Institute of Self -Defense
Shooting, Inc. in Lake Cormorant, Mississippi from April 3-6, 2018 in the Amount
of $25,700.00, to be Funded by Federal Asset Forfeiture Accounts; and further
recommend to adopt Resolution R-189-17, A RESOLUTION APPROVING AND
AUTHORIZING THE PROCUREMENT OF TRAINING FOR THE POLICE
DEPARTMENT TACTICAL RESPONSE TEAM AT THE MID -SOUTH
INSTITUTE OF SELF-DEFENSE SHOOTING, INC. Upon roll call, the vote
was:
AYES: 8-Lysakowski, Robinson, Rodd, Sayad
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Alderman Chester requested that this item be removed for discussion.
Assistant Director of Public Works and Engineering Duddles answered questions
from the Aldermen. Final plans will be available for review.
Moved by Chester, seconded by Brookman, to Approve Addendum Agreement
with the Illinois Department of Transportation (IDOT) for the Conversion of a
Traffic Circle into a Modern Roundabout (Illinois Route 58/Golf Road at Wolf
Road Junction (Cumberland Circle)) in the Amount of $1,069,724.00. Budgeted
Funds — Capital Projects; and further recommend to adopt Resolution R-191-17,
A RESOLUTION APPROVING AN ADDENDUM TO ILLINOIS
DEPARTMENT OF TRANSPORTATION AGREEMENT FOR
IMPROVEMENT OF ILLINOIS ROUTE 58. Upon roll call, the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, Sayad
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
APPROVE 2018
COPIER LEASE
AGMT/KONICA
MINOLTA:
Consent Agenda
Resolution
R-192-17
AWARD
BID/MAPLE
STREET
PUMPING
STATION
IMPROVEMENTS/
AMS
MECHANICAL:
Consent Agenda
Resolution
R-193-17
ORDINANCE
M-45-17/
APPROVE
ACQUISITION
OF 1476 MINER
STREET
THROUGH
CONDEMNATION
Consent
Agenda
Page 3 of 8 12/18/17
Moved by Sayad, seconded by Brookman, to Approve the 2018 Expenditure for
the Multi -Function Copier Lease Agreement with Konica Minolta Business
Solutions USA, Inc., 100 Williams Drive, Ramsey, NJ in the Amount of
$49,644.00. Budgeted Funds — IT Replacement/Leases; and further recommend
to adopt Resolution R-192-17, A RESOLUTION AUTHORIZING THE
EXPENDITURE OF FUNDS UNDER A LEASE WITH KONICA MINOLTA
PREMIER FINANCE AND A SERVICES AGREEMENT WITH KONICA
MINOLTA BUSINESS SOLUTIONS USA, INC. Motion declared carried as
approved under Consent Agenda.
Moved by Sayad, seconded by Brookman, to Award Bid of the Maple Street
Pumping Station Disinfection Improvements Project to AMS Mechanical
Systems, Inc., 9341 Adam Don Parkway, Woodridge, Illinois in the Amount of
$560,000.00. Budgeted Funds — Water/Sewer Capital Projects.; and further
recommend to adopt Resolution R-193-17, A RESOLUTION APPROVING AN
AGREEMENT WITH AMS MECHANICAL SYSTEMS, INC. FOR THE
MAPLE STREET PUMPING STATION IMPROVEMENTS. Motion declared
carried as approved under Consent Agenda.
Alderman Sayad and Resident Ronald Moore requested that this item be removed.
Mr. Moore expressed his disapproval that the City would spend money to purchase
the Des Plaines Theatre which is in disrepair and has no parking.
Discussion was held.
Moved by Charewicz, seconded by Robinson, to Approve Acquisition of Property
Located at 1476 Miner Street through Condemnation of Fee Simple Title; and
further recommend to adopt Ordinance M-45-17, AN ORDINANCE
AUTHORIZING THE ACQUISITION THROUGH CONDEMNATION OF FEE
SIMPLE TITLE TO THE PROPERTY LOCATED AT 1476 MINER STREET.
Upon voice vote, motion declared carried, Alderman Sayad did not agree.
Moved by Charewicz, seconded by Robinson, to Advance to Second Reading
M-45-17, AN ORDINANCE AUTHORIZING THE ACQUISITION THROUGH
CONDEMNATION OF FEE SIMPLE TITLE TO THE PROPERTY LOCATED
AT 1476 MINER STREET. Upon roll call, the vote was:
AYES: 7-Lysakowski, Robinson, Rodd,
Brookman, Chester, Smith, Charewicz
NAYS: 1-Sayad
ABSENT: 0 -None
Motion declared carried.
Page 4 of 8 12/18/17
APPROVE Moved by Sayad, seconded by Brookman, to Approve Bond Reduction for
BOND Lexington Pointe at 783-841 Lee Street; and further recommend to adopt
REDUCTION/ R-195-17, A RESOLUTION APPROVING THE REDUCTION OF THE
LEXINGTON PUBLIC IMPROVEMENT BOND FOR LEXINGTON POINTE, LLC. Motion
POINTE/783-841 declared carried as approved under Consent Agenda.
LEE STREET:
Consent
Agenda
Resolution
R-195-17
APPROVE Alderman Sayad requested that this item be removed.
RELEASE OF
CERTAIN CITY Alderman Sayad requested in the future that the City Council Agenda include the
COUNCIL dates of the minutes being release; Council members agreed.
CLOSED
SESSION Moved by Sayad, seconded by Robinson, to Approve the Release of Certain
MINUTES: Minutes of Certain Closed Meetings of the City Council; and further recommend
Consent to adopt Resolution R-196-17, A RESOLUTION RELEASING CERTAIN
Agenda MINUTES OF CERTAIN CLOSED MEETINGS OF THE CITY COUNCIL.
Upon voice vote, motion declared carried.
Resolution
R-196-17
APPROVE Moved by Sayad, seconded by Brookman to approve Minutes of the City Council
MINUTES: of November 20, 2017, as published. Motion declared carried as approved under
Consent Consent Agenda.
Agenda
APPROVE Moved by Sayad, seconded by Brookman to approve Minutes of the City Council
MINUTES: of December 4, 2017, as published. Motion declared carried as approved under
Consent Consent Agenda.
Agenda
APPROVE Moved by Sayad, seconded by Brookman, to Approve Professional Services
CONSULTING Consultant Contract Renewal with Kane, McKenna, and Associates, Inc. for
CONTRACT/ Calendar Year 2018 in an Amount Not -to -Exceed $44,000; and further
KANE, recommend to adopt R-190-17, A RESOLUTION APPROVING A FIRST
MCKENNA & AMENDMENT TO AN AGREEMENT WITH KANE, MCKENNA, AND
ASSOC: ASSOCIATES, INC. FOR CONSULTING SERVICES RELATED TO THE
Consent CITY TIF DISTRICTS. Motion declared carried as approved under Consent
Agenda Agenda.
Resolution
R-190-17
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
WARRANT
REGISTER:
CONSIDERATION
OF TEXT
AMENDMENT/
ELIMINATE LOT
AREA PER
DWELLING UNIT/
C-5 BUSINESS
DISTRICT:
Page 5 of 8 12/18/17
FINANCE & ADMINISTRATION — Alderman Charewicz, Chair
Alderman Charewicz presented the Warrant Register for consideration.
Moved by Rodd, seconded by Brookman, to recommend to the City Council
approval of the December 18, 2017 — Warrant Register in the Amount of
$5,309,079.83; and further recommend that Resolution R-194-17 be adopted at
appropriate time this evening. *Alderman Sayad recommended approval of the
items on the warrant register excluding all Holland & Knight invoices because he
feels that the city can save money and requested a Request for Proposal (RFP) be
conducted for Legal Services. Motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Sayad, Chair
Community and Economic Development Director McMahon reviewed a
memorandum dated November 29, 2017.
Planning staff would like to eliminate the lot area per dwelling unit requirement in
the C-5 Central Business District so that maximum density can be achieved by
future developers in the downtown area. The City's Zoning Ordinance for the C-5
Central Business District contains standards for site plan review. One of those
standards is a minimum lot area per dwelling unit requirement. The text below
references this standard:
e. Multiple -Family Dwelling Units: Multiple -family dwelling units shall be
permitted in the C-5 central business district only upon the following conditions:
(2) The minimum lot area per dwelling unit in the C-5 Central Business District
shall be determined by the number of bedrooms in the dwelling unit.
When reviewing an application for a multiple -family dwelling development in the
C-5 Central Business District, staff first verifies the total square footage of the
property. Then, determines the minimum lot area required for the development
based on the number of each type of unit. If the required square footage based on
the unit mix equals or is less than the total square footage of the property, the
development meets the minimum requirement and can be approved by -right.
When the square footage total based on the unit mix is greater than the area of the
property, a variance, to be approved by the City Council, is required.
When looking at this requirement from a development perspective of an urban area
and combined with a maximum height of 100' and a 2 -to -1 parking ratio, the
minimum lot area per dwelling unit standard is counterproductive.
The Planning and Zoning Board met on November 28, 2017, to consider the Text
Amendment to Section 12-7-3(H)5.e.2 of the Zoning Ordinance. The Community
and Economic Development Department presented the proposed Text
Amendment. Staff stated that there is currently a lot area per dwelling unit
requirement in the C-5 Central Business District that they hope to eliminate. This
(Cont.)
CONSIDERATION
MAP
AMENDMENT
AND MAJOR
VARIATION/
1300 JEFFERSON
STREET:
Page 6 of 8 12/18/17
requirement limits the number of dwelling units that can be built, based on the size
of the lot. Staff believes that this requirement is counterproductive to the goal of
adding residential density in the downtown, especially when a proposed project
otherwise meets the required height, setback, and parking requirements per the
Zoning Ordinance.
The Planning and Zoning Board recommended (5-1) that the City Council approve
the proposed Text Amendment. Director McMahon recommended approval the
Text Amendment to Section 12-7-3(H)5.e.2 of the Zoning Ordinance.
Discussion was held.
Moved by Charewicz, seconded by Chester to recommend to the City Council Text
Amendment to Section 12-7-3(H)5.e.2 of the Zoning Ordinance (Case #17 -101 -
TA) to Eliminate the Lot Area per Dwelling Unit Requirement in the C-5 Central
Business District; and further recommend that Ordinance Z-34-17 be adopted at
the appropriate time this evening. Upon voice vote, motion declared carried.
Community and Economic Development Director McMahon reviewed a
memorandum dated November 29, 2017.
The petitioner, Rafal Stopa, proposed to rezone 1300 Jefferson Street from the
C-3 General Commercial District to the R-4 Central Core Residential District in
order to redevelop the office building into 16 apartments, comprised of 14 two-
bedroom, two -bathroom units that range in area from 1,000 to 1,250 square feet
and two three-bedroom, two -bathroom units that are 1,500 square feet. The
petitioner proposes 32 parking spaces, which is the number required per the Zoning
Ordinance (two parking spaces per dwelling unit).
Dwelling units are not permitted in the C-3 General Commercial District, but are
permitted in the R-4 Central Core Residential District. The property is
approximately 21,875 square feet and is improved with two- and three-story stucco
building. The existing building has an approximate footprint of 9,162 square feet
and a total area of 24,664 between all three floors.
Properties that are rezoned must meet the bulk requirements of the proposed new
zoning district. As is, the structure at 1300 Jefferson Street does not meet the front
(12' required; 4.75' existing), side (5' required; 0' existing), and rear (25' required;
1' existing) yard setbacks required for properties in the R-4 Central Core
Residential District. As a result, the petitioner has requested variations for the
above existing setbacks.
The Planning and Zoning Board met on November 28, 2017, to consider the Map
Amendment and Major Variations. The petitioner stated that cosmetic changes will
be made to the building and that the units would be high-end luxury apartments
targeted at young professionals who are looking for walkability within Des Plaines
and easy access to Chicago.
The current owner has had interest in the building for a residential use, as opposed
to commercial. He stated that the proposed rehab of the building will be an
Page 7 of 8 12/18/17
(Cont.) improvement to downtown Des Plaines and that additional residents can help the
existing retail and office spaces in the downtown succeed.
CONSIDERATION
OF MAJOR
VARIANCE/
GARAGE &
ADDITION/
1233 WEBSTER
LANE:
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-194-17
CONSIDERATION
OF TEXT
AMENDMENT/
ELIMINATE LOT
AREA PER
DWELLING UNIT/
The Planning and Zoning Board recommended (5-1) that the City Council approve
the Map Amendment and Major Variations at 1300 Jefferson Street. Staff
recommended approval of the Map Amendment and Major Variations at
1300 Jefferson Street.
Mr. Stopa answered questions from the Aldermen.
Moved by Lysakowski, seconded by Brookman to recommend to the City Council
Approval of Map Amendment and Major Variations at 1300 Jefferson Street (Case
#17 -099 -V -MAP; and further recommend that Ordinance Z-35-17 be adopted at
the appropriate time this evening. Upon voice vote, motion declared carried.
Moved by Sayad, seconded by Brookman, to recommend to defer consideration of
Ordinance Z-31-17 until the January 16, 2018 City Council meeting. Upon voice
vote, motion declared carried.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
BACK IN REGULAR SESSION
Moved by Charewicz, seconded by Brookman, to concur with recommendation of
Committee of the Whole to adopt Resolution R-194-17, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE
FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR
AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE
PAYMENT FOR SAME. Total: $5,309,079.83. *Alderman Sayad votes yes on
the items on the warrant register excluding all Holland & Knight invoices because
he feels that the city can save money. Upon roll call, the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, *Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Sayad, seconded by Rodd, to concur with recommendation of
Committee of the Whole to adopt Ordinance Z-34-17, AN ORDINANCE
AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE
REGARDING LOT AREA PER DWELLING UNIT IN THE C-5 CENTRAL
BUSINESS DISTRICT. Upon roll call, the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
C-5 BUSINESS
DISTRICT:
(Cont.)
Ordinance
Z-34-17
CONSIDERATION
MAP
AMENDMENT
AND MAJOR
VARIATION/1300
JEFFERSON
STREET:
Ordinance
Z-35-17
Page 8 of 8 12/18/17
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Sayad, seconded by Rodd, to advance Ordinance Z-34-17 to Second
Reading and adopt Ordinance Z-34-17, AN ORDINANCE AMENDING THE
TEXT OF THE DES PLAINES ZONING ORDINANCE REGARDING LOT
AREA PER DWELLING UNIT IN THE C-5 CENTRAL BUSINESS DISTRICT.
Upon roll call, the vote was:
AYES: 5-Lysakowski, Rodd, Sayad,
Brookman, Chester
NAYS: 3 -Robinson, Smith, Charewicz
ABSENT: 0 -None
Motion failed.
Moved by Sayad, seconded by Brookman, to concur with recommendation of
Committee of the Whole to adopt Ordinance Z-35-17, AN ORDNANCE
APPROVING A ZONING MAP AMENDMENT AND MAJOR VARIATIONS
FOR 1300 JEFFERSON STREET, DES PLAINES, ILLINOIS. Upon voice vote,
the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Lysakowski, seconded by Brookman, to advance Ordinance Z-35-17 to
Second Reading and adopt Ordinance Z-35-17, AN ORDINANCE APPROVING
A ZONING MAP AMENDMENT AND MAJOR VARIATIONS FOR 1300
JEFFERSON STREET, DES PLAINES, ILLINOIS. Upon roll call, the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
ADJOURNMENT: Moved by Robinson, seconded by Rodd, to adjourn the meeting. Motion declared
carried. The meeting adjourned at 8:16 p.m.
APPROVED BY ME THIS AAA -
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