09/04/2018MINUTES 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, TUESDAY,
SEPTEMBER 4 , 2018
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 7:03 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Tuesday, September 4, 2018.
ROLL CALL:
Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad,
Brookman, Chester and Charewicz. Absent: Lysakowski, Smith. A quorum was
present.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski,
Director of Public Works and Engineering Oakley, Director of Community and Economic Development
McMahon, Fire Chief Wax, Police Chief Kushner, and General Counsel Weiss.
PRAYER AND
PLEDGE:
The prayer was given by Alderman Charewicz, followed by the Pledge of
Allegiance to the Flag of the United States of America.
CITIZEN Resident Garland Armstrong will advise the RTA ADA Advisory Committee that
PARTICIPATION: Pace paratransit tickets are not available at Jewel -Osco in Des Plaines.
SWEARING-IN Fire Chief Wax announced the Promotion of Firefighter/Engineer Jeffrey Gove
CEREMONY: to Lieutenant and Firefighter/Paramedic Steven Berndt to Firefighter/Engineer.
Mayor Bogusz administered the Official Oath and congratulated the individuals.
CITY CLERK Pursuant to City Code, City Clerk Tsalapatanis opened the sole bid received on
ANNOUNCEMENT: August 14, 2018 for Emergency Fire Department Services. The bid was
submitted by John Neri Construction Co., Addison, IL in the amount of
$12,750.30. The bid was referred to Staff for review
CONSENT
AGENDA:
The Clerk's Office will resume the office hours of Monday — Friday,
8:30am-5:OOpm. The Summer hours of 7:30am-5:OOpm will resume next year.
The Des Plaines Police Association is holding their 81St Annual Fundraising
Dinner/Dance on Friday, October 19 at Cafe La Cave. Proceeds of the event will
help fund many youth activities in the Des Plaines area.
Maryville Jen School is holding their "Jammin for Jen" fundraiser on Friday,
September 14, 6:00-11:00 pm.
Moved by Sayad, seconded by Brookman, to establish the Consent Agenda.
Motion declared carried unanimously.
Moved by Rodd, seconded by Robinson, to approve the Consent Agenda. Upon
roll call, the vote was:
AYES: 6- Robinson, Rodd, Sayad,
Brookman, Chester, Charewicz
(Cont.)
APPROVE
MASTER
CONTRACT AND
TASK ORDER/
HAVEY
COMMUNICATIONS:
Consent Agenda
Resolution
R-170-18
AWARD BID/
FACADE REPAIRS/
DES PLAINES
THEATRE:
Resolution
R-171-18
AWARD BID/
EMERGENCY
UTILITY REPAIR/
TRINE
CONSTRUCTION:
Consent Agenda
Resolution
R-172-18
AWARD BID/
EMERGENCY
UTILITY REPAIR/
ARCHON
CONSTRUCTION:
Page 2 of 9 09/04/18
NAYS: 0 -None
ABSENT: 2-Lysakowski, Smith
Motion declared carried.
Requests were approved; Minutes were approved; Ordinances M-18-18,
Z-27-18; Resolutions R-170-18, R-171-18, R-172-18, R-173-18 were adopted.
Moved by Rodd, seconded by Robinson, to Adopt Resolution R-170-18, A
RESOLUTION APPROVING A PROFESSIONAL MASTER CONTRACT
AND TASK ORDER # 1 IN THE AMOUNT OF $30,816 BETWEEN THE
CITY OF DES PLAINES AND HAVEY COMMUNICATIONS, INC., 28835
HERKY DRIVE, LAKE BLUFF, IL. BUDGETED FUNDS — EQUIPMENT
REPLACEMENT FUND. Motion declared carried as approved unanimously
under Consent Agenda.
Alderman Sayad requested that this item be removed from the Consent Agenda.
Alderman Sayad requested a total of expenditures to date for the Des Plaines
Theatre.
Moved by Sayad, seconded by Charewicz, to adopt Resolution R-171-18, A
RESOLUTION AWARDING THE BID FOR THE DES PLAINES THEATRE
EXTERIOR MASONRY AND FACADE REPAIRS PROJECT TO LOWEST
RESPONSIBLE BIDDER, OTTO BAUM COMPANY, INC., 866 N. MAIN
STREET, MORTON, IL IN THE AMOUNT OF $589,330. BUDGETED
FUNDS — TIF #1 DOWNTOWN. Upon roll call, the vote was:
AYES: 6 -Robinson, Rodd, Sayad,
Brookman, Chester, Charewicz
NAYS: 0 -None
ABSENT: 2-Lysakowski, Smith
Motion declared carried.
Moved by Rodd, seconded by Robinson to adopt Resolution R-172-18, A
RESOLUTION AWARDING BID FOR EMERGENCY UTILITY REPAIR
SERVICES TO LOWEST RESPONSIBLE BIDDER, TRINE
CONSTRUCTION CORP., 27W364 NORTH AVENUE, WEST CHICAGO, IL
AS PRIMARY CONTRACTOR. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Sayad, to adopt Resolution R-173-18, A
RESOLUTION AWARDING BID FOR EMERGENCY UTILITY REPAIR
SERVICES TO SECOND LOWEST RESPONSIBLE BIDDER, ARCHON
CONSTRUCTION COMPANY, INC., 563 SOUTH ROUTE 53, ADDISON, IL
AS SECONDARY CONTRACTOR. Motion declared carried as approved
unanimously under Consent Agenda.
(Cont.)
Consent Agenda
Resolution
R-173-18
APPROVE
AMENDMENT TO
ORDINANCE/
1405 OXFORD
ROAD:
Consent Agenda
Ordinance
Z-27-18
SECOND
READING/
ORDINANCE
M-18-18:
Consent Agenda
AUTHORIZE
ADVERTISE TO
BID:
Consent Agenda
AUTHORIZE
ADVERTISE TO
BID:
Consent Agenda
AUTHORIZE
ADVERTISE TO
BID:
Consent Agenda
APPROVE
CHANGE IN
BUSINESS NAME:
Consent Agenda
APPROVE
MINUTES:
Consent Agenda
APPROVE
CLOSED SESSION
MINUTES:
Consent Agenda
Page 3 of 9 09/04/18
Moved by Rodd, seconded by Robinson, to adopt Ordinance Z-27-18, AN
ORDINANCE APPROVING AN AMENDMENT TO ELIMINATE
CONDITION 6.B AND EXHIBIT B FROM Z-7-18, WHICH APPROVED A
TENTATIVE AND FINAL PLAT OF SUBDIVISION FOR 1405 OXFORD
ROAD AND A VARIATION FROM SECTION 13-2-5.R OF THE CITY OF
DES PLAINES SUBDIVISION REGULATIONS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Robinson, to adopt Second Reading - Ordinance
M-18-18, AN ORDINANCE APPROVING THE DISPOSAL OF CERTAIN
OBSOLETE VEHICLES AND/OR EQUIPMENT THROUGH OBENAUF
AUCTION SERVICE, INC., 810 MAGNA DRIVE, ROUND LAKE, IL. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Robinson, to Authorize City Clerk to Bid for
Elevator Inspection and Plan Review Services. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Robinson, to Authorize City Clerk to Advertise for
Bid the 2018 Sign Replacement Program — District 2. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Robinson, to Authorize City Clerk to Advertise for
Bid the 2018-2020 Holiday Decoration Contract. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Robinson, to Approve Change in Business Name
from Jai Jai Shiva 5 LLC, d/b/a Citgo Gas Station to Jai Jai Shiva 5 LLC, d/b/a
BP Gas, 2995 Mannheim Road. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Sayad, to approve the Minutes of the City
Council of August 20, 2018, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Sayad, to approve the Minutes of the Closed
Session of the City Council of August 20, 2018, as published. Motion declared
carried as approved unanimously under Consent Agenda.
Page 4 of 9 09/04/18
APPOINTMENTS: Mayor Bogusz introduced Mr. Chris Renkosiak as the new appointment to the
Library Board of Trustees — Term to Expire June 30, 2019.
WARRANT
REGISTER:
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION — Alderman Charewicz, Chair
Alderman Charewicz presented the Warrant Register for consideration.
Moved by Sayad, seconded by Rodd, to recommend to the City Council approval
of the September 4, 2018 — Warrant Register in the Amount of $3,040,065.99 and
further recommend that Resolution R-174-18 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. Upon voice vote, motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Sayad, Chair
CONSIDER TEXT Director of Community and Economic Development McMahon reviewed a
AMENDMENTS: memorandum.
The petitioner, Paul Butera Jr., is requesting text amendments to Section 12-7-
3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow offices and
studios, artist, dance and music as permitted uses and domestic pet service as a
Conditional Use in the C-4 Regional Shopping District. Additionally, a text
amendment to add a definition for studios, artist, dance and music to Section 12-
13-3 of the 1998 Des Plaines Zoning Ordinance, as amended, is proposed.
The petitioner owns the Oaks Shopping Center located at the northeast corner of
Lee Street and Oakton Street, which is zoned C-4 Regional Shopping. In order
for the shopping center to be more competitive with surrounding commercial
areas in attracting new tenants, Mr. Butera is proposing that offices and studios
be permitted like they are in most commercial zoning districts. The offices use
category is intended for spaces where business or professional activities are
conducted. Studios (artist, dance, and music) are spaces where individuals and
groups are given instruction on music, dance and art. Currently, the Zoning
Ordinance does not provide a definition for this type of use. Staff proposed that
the following definition be added to Section 12-13-3 of the Zoning Ordinance
STUDIOS, ARTIST, DANCE AND MUSIC: Uses that focus on providing
education, individual or group instruction or training in music, dance, drama, fine
arts, or similar activities. Also includes the working place of painters, sculptors,
photographers, or similar artists.
Additionally, the petitioner is proposing that domestic pet service be added as a
conditional use in the C-4 Regional Shopping District. Domestic pet service is
currently only permitted as a conditional use in the C-3 General Commercial
Page 5 of 9 09/04/18
(Cont.) District. The conditional use is in place to ensure that pet services are not a
nuisance (i.e., noise and sanitary conditions) to surrounding uses.
The Planning and Zoning Board recommended (6-0) that the City Council
approve the proposed text amendments, subject to the following condition: a
footnote be added to Section 12-7-3(K) of the Zoning Ordinance that states the
following: "Each office tenant in the C-4 Regional Shopping District be limited
to 2,500 square feet of area and shall not be contiguous to another office use."
Staff recommended approval of Ordinance Z-28-18.
Moved by Brookman, seconded by Rodd to Approve Text Amendments to
Section 12-7-3 (K) of the 1998 Des Plaines Zoning Ordinance, As Amended, to
Allow Offices and Studios, Artist, Dance and Music as Permitted Uses and
Domestic Pet Service as a Conditional Use in the C-4 Regional Shopping District;
and further recommend that Ordinance Z-28-18 be adopted at the appropriate
time this evening. Upon voice vote, motion declared carried.
CONSIDER Director of Community and Economic Development McMahon reviewed a
BUINESS memorandum dated August 20, 2018.
ASSISTANCE
PROGRAM Jagdish Khatwani, owner of the Leela Art Center, generally located at
APPLICATION: 620 Lee Street, is requesting a three-month extension of R-118-17 to finish
closing out the project and contractor payout. Mr. Khatwani originally applied
for a Business Assistance Grant Application under Facade Improvement in 2017
towards new modern store fronts on the first floor retail spaces. On June 26, 2017,
City Council approved Resolution R-118-17 for Mr. Khatwani to receive up to
$30,050 towards the facade improvements of the Leela Art Building, both on Miner
Street and Lee Street. However, the twelve month deadline for this grant passed
on June 26, 2018.
Per the Business Assistance Program Guidelines, applicants have one year from the
date of the award to complete their project and submit all necessary paperwork for
the reimbursement. The facade elements are finished, but the contractor and the
owner are finishing up the payment and lien waiver process. Under the Guidelines,
the applicant must be finished with all construction activities and all contractors
need to be fully paid prior to a requesting reimbursement. As such, the applicant is
requesting a three-month extension to finish working with the contractor, submit
final payment and then subsequently remit all documentation to the City for
reimbursement.
Staff recommend approval of Resolution R-176-18 to extend the grant
reimbursement deadline until December 1, 2018.
The possibility of extending the Business Assistance Grant from 12 -months to
18 -months will be reviewed.
Moved by Rodd, seconded by Chester to Approve an Extension of Business
Assistance Program Application for Leela Art Center, 620 Lee Street, Originally
Approved Via Resolution R-118-17; and further recommend that Resolution
Page 6 of 9 09/04/18
(Cont.) R-176-18 be adopted at the appropriate time this evening. Upon voice vote,
motion declared carried.
BUILDING CODE COMMITTE — Alderman Robinson, Chair
Director of Community and Economic Development McMahon reviewed a
memorandum dated August 23, 2018.
Section 12-3-11 of the City of Des Plaines Zoning Ordinance regulates the design
of new construction of principal structures to promote orderly and harmonious
growth of the city. On November 6, 2017, the City Council discussed the
language of this section and how staff interprets the requirement of face brick
coverage on ground story facades for single family homes.
On April 14, 2014, the City Council passed ordinance Z-11-14 that disbanded the
Architectural Commission and installed a Building Design Review process
within the Community and Economic Development Department. Staff
recommended the following changes for certain sections of the Building Design
Review process:
Facades
In order to better define the sides of buildings that are not street facing, staff
recommended replacing "facade" with "elevation". Elevation is defined as a
particular side of a building, such as the "east elevation."
Masonry and Face Brick
The term "Face Brick" is another term that has many meanings across the
architectural and construction industries. Staff recommended adding definitions
for masonry, brick, face brick, anchored masonry veneer and adhere masonry
veneer to Section 12-13-3.
Single Family Residences
Section 12-3-11.D outlines the standards for building design review as follows:
2. Facade Materials:
a. "Permitted facade materials" means the building materials that are permitted
to be used in the construction or alteration of all building facades of a certain
type of building.
(1) Exception: All new single-family residences shall be constructed with face
brick on all ground story facades.
Staff has particular concerns with the phrase "all ground story facades" for
reasons stated above. Staff recommended replacing this section with the
following:
2. Materials for All Building Elevations:
(Cont.)
NEW BUSINESS;
Page 7 of 9 09/04/18
a. "Permitted elevation materials" means the primary building materials that are
permitted to be used in the construction or alteration of all building exterior
elevations of a certain type of building. Additional residential construction
requirements are as follows:
i. Detached one-story, single-family residential shall be constructed with 100%
face brick on all exterior elevations.
ii. Detached multi-level or multi -story single-family residential shall be
constructed with 100% face brick on all street facing elevations and a minimum
of eight (8) feet from the top of foundation on all remaining elevations.
iii. Attached single and multi -family residential shall be constructed with 100%
face brick on all street facing and side elevations with at least two complimentary
colors or materials at a minimum of eight (8) feet from the top of foundation on
all remaining elevations.
TABLE 1 - Building Design Standards
With the proposed changes to the Building Design Standards for the first floor
brick for Single -Family Residential, staff needed to make adjusted to the Building
Design Standards Table. Staff took the opportunity to make other adjustments to
the table for clarity purposes.
Staff recommended that the Zoning Administrator, upon recommendation from
Staff Design Review Committee, should be able to approve a design that varies
from the strict interpretation of the Building Design Review code.
By show of hands, motion carried to approve recommended changes for certain
sections of the Building Design Review.
WITHOUT OBJECTION, MAYOR BOGUSZ DECLARED THAT THE
CITY COUNCIL WAS NOW BACK IN REGULAR SESSION
WARRANT Moved by Charewicz, seconded by Chester, to concur with recommendation of
REGISTER: Committee of the Whole to adopt Resolution R-174-18, 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 MAYOR
R-174-18 AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE
PAYMENT FOR SAME. Total: $3,040,065.99. *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. Upon
roll call, the vote was:
AYES: 6- Robinson, Rodd, *Sayad,
Brookman, Chester, Charewicz
NAYS: 0 -None
ABSENT: 2-Lysakowski, Smith
Motion declared carried.
TEXT
AMENDMENTS TO
ZONING
ORDINANCE:
Ordinance
Z-28-18
APPROVE
EXTENTION OF
BUSINESS
ASSISTANCE
GRANT/LEELA
ART CENTER:
Resolution
R-176-18
ADJOURNMENT:
Page 8 of 9 09/04/18
Moved by Sayad, seconded by Rodd, to concur with recommendation of
Committee of the Whole to adopt Ordinance Z-28-18, AN ORDINANCE
APPROVING TEXT AMENDMENTS TO SECTION 12-7-3 (K) OF THE 1998
DES PLAINES ZONING ORDINANCE, AS AMENDED, TO ALLOW
OFFICES AND STUDIOS, ARTIST, DANCE AND MUSIC AS PERMITTED
USES AND DOMESTIC PET SERVICE AS A CONDITIONAL USE IN THE
C-4 REGIONAL SHOPPING DISTRICT. Upon roll call, the vote was:
AYES: 6- Robinson, Rodd, Sayad,
Brookman, Chester, Charewicz
NAYS: 0 -None
ABSENT: 2-Lysakowski, Smith
Motion declared carried.
Moved by Charewicz, seconded by Robinson, to Advance to Second Reading and
adopt Ordinance Z-28-18, AN ORDINANCE APPROVING TEXT
AMENDMENTS TO SECTION 12-7-3 (K) OF THE 1998 DES PLAINES
ZONING ORDINANCE, AS AMENDED, TO ALLOW OFFICES AND
STUDIOS, ARTIST, DANCE AND MUSIC AS PERMITTED USES AND
DOMESTIC PET SERVICE AS A CONDITIONAL USE IN THE C-4
REGIONAL SHOPPING DISTRICT. Upon roll call, the vote was:
AYES: 6- Robinson, Rodd, Sayad,
Brookman, Chester, Charewicz
NAYS: 0 -None
ABSENT: 2-Lysakowski, Smith
Motion declared carried.
Moved by Sayad, seconded by Brookman, to concur with recommendation of
Committee of the Whole to adopt Resolution R-176-18, A RESOLOUTION
APPROVING EXTENSION OF BUSINESS ASSISTANCE PROGRAM
APPLICATION FOR LEELA ART CENTER, 620 LEE STREET. Upon roll
call, the vote was:
AYES: 6- Robinson, Rodd, Sayad,
Brookman, Chester, Charewicz
NAYS: 0 -None
ABSENT: 2-Lysakowski, Smith
Motion declared carried.
Moved by Robinson, seconded by Rodd, to adjourn the meeting. Motion declared
carried. The meeting adjourned at 8:24 p.m.
APPROVED BY ME THIS l,
DAY OF.� ' Jam � #
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Matthew J : ogusz :''
Page 9of9
09/04/18
ifer Tsa apatanis — CITY C ERK