07/01/2019MINUTES 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 1, 2019
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 7:00 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, July 1, 2019.
ROLL CALL:
Roll call indicated the following Aldermen present: Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith, Goczkowski. Absent: Lysakowski. 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 Friedman.
PRAYER AND
PLEDGE:
The prayer was offered by Alderman Brookman, followed by the Pledge of
Allegiance to the Flag of the United States of America.
SWEARING-IN: Mayor Bogusz administered the Oath of Office to Firefighter/Paramedic
Candidates Faizan Khan, Arturo Mora and Michael Rossi and welcomed them to
the Des Plaines Fire Department.
CITIZEN Wayne Serbin requested a congratulatory letter be sent to Joan DiLeonardi.
PARTICIPATION: Ms. DiLeonardi retired after 20 years on the Oakton College School Board.
CONSENT
AGENDA:
The owner of Global Taxi asked the City Council to re -consider the Taxi license
fee. Alderman Brookman will discuss the issue at a Legal & Licensing
Committee meeting.
Moved by Zadrozny, seconded by Brookman, to establish the Consent Agenda.
Motion declared unanimously carried.
Moved by Moylan, seconded by Chester, to approve the Consent Agenda. Upon
roll call, the vote was:
AYES: 7 -Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 1-Lysakowski
Motion declared carried.
Request was approved; Minutes were approved; Ordinance Z-15-19 was adopted;
Resolution R-119-19 was adopted.
APPROVE Moved by Moylan, seconded by Chester, to Approve Resolution R-119-19, A
REPETITIVE LOSS RESOLUTION APPROVING THE REPETITIVE LOSS AREA ANALYSIS
AREA ANALYSIS/ PLAN FOR SUBMISSION TO THE FEDERAL EMERGENCY
(Cont.)
FEMA:
Consent Agenda
Resolution
R-119-19
SECOND READING
ORDINANCE
Z-15-19:
Consent Agenda
AUTHORIZE TO
ADVERTISE TO
BID:
APPROVE
MINUTES:
Consent Agenda
APPROVE
MINUTES:
Consent Agenda
WARRANT
REGISTER:
CONSIDER CU/
MOTOR VEHICLE
SALES/1065 LEE
STREET:
Page 2 of 6 07/01/19
MANAGEMENT AGENCY. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Moylan, seconded by Chester, to Approve Second Reading Ordinance
Z-15-19, AN ORDINANCE AMENDING THE TEXT OF VARIOUS
SECTIONS OF THE DES PLAINES ZONING ORDINANCE REGARDING
CORNER SIDE YARDS (CASE #19 -019 -TA). Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Moylan, seconded by Chester, to Authorize the City Clerk to Advertise
for Bid the Purchase of Squad Car Computers and Accessories.
Moved by Moylan, seconded by Chester, to approve the Minutes of the City
Council of June 17, 2019, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Moylan, seconded by Chester, to approve the Closed Session Minutes
of the City Council of June 17, 2019, as published. Motion declared carried as
approved unanimously under Consent Agenda.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION — Alderman Chester, Chair
Alderman Chester presented the Warrant Register for consideration.
Moved by Brookman, seconded by Smith, to recommend to the City Council
approval of the July 1, 2019 — Warrant Register in the Amount of $4,639,490.00
and further recommend that Resolution R-121-19 be adopted at appropriate time
this evening. Upon voice vote, motion declared carried
COMMUNITY DEVELOPMENT — Alderman Rodd, Chair
Director of Community and Economic Development Mike McMahon reviewed a
memorandum dated June 20, 2019.
The petitioner, Louis Capozzoli, on behalf of MD & SD, LLC, has requested an
amendment to their Conditional Use Permit under Ordinance Z-16-01 in order to
allow for the sale of six (6) more automobiles on site for a total of ten (10)
vehicles for their existing Motor Vehicle Sales and Auto Service Repair use at
1065 Lee Street. The applicants successfully obtained a Conditional Use from
City Council in October 2001 for the sale of four (4) automobiles on site. The
Page 3 of 6 07/01/19
(Cont.) petitioner is now requesting to expand the area utilized for the sale of automobiles
and amend their current Conditional Use Ordinance.
CONSIDER TEXT
AMENDEMENTS
REGARDING
WALL SIGNS:
The Planning and Zoning Board recommended (3-2) approval of the request with
the following conditions of approval:
1. That no more than ten (10) personal vehicles may be displayed for sale
and that they must be displayed in the exact location shown on the site plan
submitted by the Petitioner.
2. No vehicles associated with this property shall park on the parking lot to
the north.
3. Landscaping must be installed within 60 days of City Council approval.
4. A detailed parking plan shall be provided.
5. At least two (2) handicap accessible parking spaces shall be installed.
6. No vehicles not directly associated with this business shall be allowed to
park on the subject site.
7. A Floor Plan shall be provided showing the dimensions and layout of the
existing building on site.
Staff recommended approval of Ordinance Z-16-19 with seven conditions.
Aldermen expressed their concern that the applicant has received multiple
violations and currently is not in compliance with the conditions of the current
Conditional Use.
Mr. Difatta, owner of Midwest Automotive, answered questions from the
Aldermen.
The consensus was to approve the Conditional Use Permit for a period of six
months.
Moved by Moylan, seconded by Chester to Approve, an Amendment to Existing
Conditional Use Permit for Motor Vehicle Sales at 1065 Lee Street to Allow for
Six (6) Additional Vehicles to be Displayed on Site for a Total of Ten (10)
Vehicles; and further approve Ordinance Z-16-19, as amended to include "for a
period of six month", be adopted at the appropriate time this evening. Upon voice
vote, motion declared carried.
The City of Des Plaines is requesting Text Amendments to the following sections
of the 1998 Des Plaines Zoning Code, as amended: (i) Sections 12-11-2 through
12-11-6, to update certain regulations in the Sign Chapter including: prohibited
signs, temporary signs, real estate signs, directional signs, residential monument
signs, maximum wall sign area for shopping center, construction related signs,
portable A -frame signs, and marquee signs; and (ii) Section 12-13-3, Definitions,
to amend definition for "Sign, Directional" and ""Sign, Portable" and add
definitions for "Sign, Marquee", "Sign, Portable A -Frame", and "Sign,
Construction Related" and omitting "Sight Distance Triangle".
(Cont.)
CONSIDER
ZONING,
REGULATIONS,
AND LICENSING
OF
RECREATIONAL
CANNABIS
BUSINESSES:
Page 4 of 6 07/01/19
Patrick Ainsworth, Economic Development Coordinator presented the proposed
text amendments and clarified the reasoning behind each amendment. Staff
proposed amendments to several sections of the Sign Chapter of the Des Plaines
Zoning Ordinance as there are several instances that code changes have led to
non -conforming situations. Additionally, staff added clarity to certain
regulations, such as not allowing residential monument signage to be illuminated.
Staff reviewed each change as well as the proposed definition, additions,
amendments and omissions.
The Planning and Zoning Board recommended (5-0) that the City Council
approve the proposed text amendments.
Staff recommended approval of Ordinance Z-16-19.
Moved by Smith, seconded by Brookman to Approve Text Amendments to the
Des Plaines Zoning Ordinance Regarding Prohibited, Temporary, Real Estate,
Directional, and Residential Monument Signs, Maximum Wall Sign Area for
Shopping Centers, Construction -Related, Portable —Frame, and Marquee Signs
and the Definitions for Such Signs; and further approve Ordinance Z-17-19 be
adopted at the appropriate time this evening. Upon voice vote, motion declared
carried.
LEGAL & LICENSING — Alderman Brookman, Chair
The Cannabis Regulation and Tax Act legalizes the sale, possession, and use of
cannabis for recreational purposes by persons over the age of 21 in Illinois,
starting on January 1, 2020. In order to allow ample time for the Planning and
Zoning Board and City Council to review and enact appropriate regulations on
the sale and use of cannabis within the City, Legal Counsel recommended that
the City Council adopt Resolution R-122-19 to formally commence the zoning
amendment process.
The City's Zoning Ordinance is clear that unless a specific use is listed as a
permitted or conditional use in a particular district, the use is not allowed. The
Zoning Ordinance currently includes definitions for two types of cannabis
businesses: Medical Cannabis Cultivation Center and Medical Cannabis
Dispensing Organization.
Medical Cannabis Cultivation Centers are a permitted use in the M2 District and
Medical Cannabis Dispensing Organizations are allowed only as a conditional
use in the C2, C4, M1, and M2 Districts. Neither of these definitions include
facilities that either produce or offer for retail sale cannabis to the recreational
market. Under the Zoning Ordinance's standards for interpretation, the lack of
defined uses for recreational cannabis cultivation centers or dispensaries means
that such uses are prohibited in the City. However, recreational cannabis uses
could fall within other listed uses that are allowable in the City. To avoid any
future confusion or disputes, Legal Counsel recommended that the City adopt a
resolution that directs the commencement of a formal Zoning Ordinance
(Cont.)
NEW BUSINESS:
Page 5 of 6 07/01/19
amendment process to define, classify, and impose permissible regulatory
conditions, to possibly include moratorium and/or prohibition, on the operation
of recreational cannabis businesses. The resolution requires the Planning and
Zoning Board to schedule a public hearing no later than 90 days after the effective
date of the resolution.
The Act also allows municipalities to impose a retailer occupation tax on the sale
of recreational cannabis in an amount up to 3.0 percent of the retail purchase
price. In conjunction with the City's zoning review, Legal Counsel recommended
that the City Council consider, or delegate to a board, commission, or committee
of the City, an analysis of whether and to what level the City desires to impose a
local sales tax on Cannabis.
Alderman Brookman directed staff to prepare additional information for the next
Legal and Licensing Committee.
Moved by Chester, seconded by Smith to Approve the Consideration of Zoning,
Regulation , and Licensing of Recreational Cannabis Businesses; and further
approve Resolution R-122-19 be adopted at the appropriate time this evening.
Upon voice vote, motion declared carried.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
BACK IN REGULAR SESSION
WARRANT Moved by Chester, seconded by Brookman, to concur with recommendation of
REGISTER: Committee of the Whole to adopt Resolution R-121-19, 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-121-19 AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE
PAYMENT FOR SAME. Total: $4,639,490.00. Upon roll call, the vote was:
AYES: 7 -Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 1-Lysakowski
Motion declared carried.
AMEND Z-16-01/ Moved by Rodd, seconded by Smith, to concur with recommendation of
CU MOTOR Committee of the Whole to adopt Ordinance Z-16-19, as amended to include "for
VEHICLE a period of six months" AN ORDINANCE AMENDING ORDINANCE Z-16-
SALES/1065 LEE 01 WHICH APPROVED A CONDITIONAL USE PERMIT FOR MOTOR
STREET: VEHICLE SALES AT 1065 LEE STREET, DES PLAINES, ILLINOIS (CASE
#19 -017 -CU). Upon voice vote, motion declared carried.
Ordinance
Z-16-19
AMEND ZONING
TEXT/ YARDS &
FENCES:
Ordinance
Z-17-19
APPROVE
ZONING,
REGULATION,
AND LICENSING
OF RECEATINOAL
CANNABIS
BUSINESS:
CLOSED SESSION:
Page 6 of 6 07/01/19
Moved by Rodd, seconded by Zadrozny, to concur with recommendation of
Committee of the Whole to adopt Ordinance Z-17-19, AN ORDNANCE
AMENDING VARIOUS SECTIONS OF CHAPTER 11 AND SECTION 12-13-
3 OF THE ZONING CODE REGARDING SIGNS (CASE #19 -025 -TA). Upon
voice vote, motion declared carried.
Moved by Rodd, seconded by Moylan, to Advance to Second Reading and adopt
Ordinance Z-17-19, AN ORDINANCE AMENDING VARIOUS SECTIONS
OF CHAPTER 11 AND SECTION 12-13-3 OF THE ZONING CODE
REGARDING SIGNS (CASE #19 -025 -TA). Upon roll call, the vote was:
AYES: 7 -Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 1-Lysakowski
Motion declared carried
Moved by Brookman, seconded by Chester, to concur with recommendation of
Committee of the Whole to adopt Resolution R-122-19, A RESOLUTION
REGARDING THE ZONING, REGULATION, AND LICENSING OF
RECREATIONAL CANNABIS BUSINESSES. Upon voice vote, motion
declared carried.
Moved by Rodd, seconded by Brookman to enter into Closed Session to discuss
Personnel, Purchase of Property and Collective Bargaining. Upon roll call, the
vote was:
AYES: 7 -Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 1-Lysakowski
Motion declared carried
ADJOURNMENT: There will be no further business. The meeting will be adjourned immediately
following Closed Session.
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