07/15/2019CALL TO
ORDER:
ROLL CALL:
MINUTES 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 15, 2019
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Mayor Bogusz at 6:30 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, July 15, 2019.
Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd,
Zadrozny, Brookman, Chester, Smith. Absent: Goczkowski. A quorum was
present.
CLOSED SESSION: Moved by Smith, seconded by Chester to enter into Closed Session to discuss
Purchase of Property, Personnel. Upon roll call, the vote was:
AYES: 7-Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith
NAYS: 0 -None
ABSENT: 1-Goczkowski
Motion declared unanimously carried.
The City Council recessed at 6:31 p.m.
The City Council re -convened at 7:00 p.m.
Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd,
Zadrozny, Brookman, Chester, Smith. Absent: Goczkowski. 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, Director of Public Safety Kushner, and General Counsel
Friedman.
PRAYER AND
PLEDGE:
CITIZEN
PARTICIPATION:
CONSENT
AGENDA:
The prayer was offered by Mayor Bogusz, followed by the Pledge of Allegiance
to the Flag of the United States of America.
Resident Wharton Sinclair of the Des Plaines Pedestrian Advisory Committee
announced the Des Plaines River Trail Bike Ride will be held on Saturday,
September 7, 2019.
Moved by Brookman, seconded by Chester, to establish the Consent Agenda.
Motion declared unanimously carried.
Moved by Brookman, seconded by Zadrozny, to approve the Consent Agenda.
Upon roll call, the vote was:
AYES: 7-Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith
(Cont.)
APPROVE
CHANGE ORDER/
2018 CIP STREET
& UTILITY
CONRACT:
Consent Agenda
Resolution
R-123-19
APPROVE CDBG
PY 2019 ANNUAL
ACTION PLAN:
Consent Agenda
Resolution
R-124-19
APPROVE
MINUTES:
Consent Agenda
APPROVE
MINUTES:
Consent Agenda
WARRANT
REGISTER:
CONSIDER
MAJOR
VARIATION/
Page 2 of 7 07/15/19
NAYS: 0 -None
ABSENT: 1-Goczkowski
Motion declared carried.
Minutes were approved; Resolutions R-123-19, R-124-19 were adopted.
Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-123-19,
A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE 2018
CAPITAL IMPROVEMENT PROGRAM STREET AND UTILITY
IMPROVEMENTS, CONTRACT D WITH MQ SEWER AND WATER
CONTRACTORS, INC. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-124-19,
A RESOLUTION APPROVING THE CITY OF DES PLAINES COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM 2019 ANNUAL ACTION
PLAN. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Zadrozny, to approve the Minutes of the City
Council of July 1, 2019, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Zadrozny, to approve the Closed Session
Minutes of the City Council of July 1, 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 Lysakowski, seconded by Brookman, to recommend to the City
Council approval of the July 15, 2019 — Warrant Register in the Amount of
$3,744,067.32 and further recommend that Resolution R-127-19 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 26, 2019.
Page 3 of 7 07/15/19
(Cont.) The petitioner, Christopher Logisz, is requesting a Major Variation to allow for
GARAGE AREA/ an 840 -square foot detached garage at 1434 East Walnut Avenue that exceeds the
1434 EAST 720 -foot square foot maximum for accessory structures in the City of Des Plaines.
WALNUT This 7,504.36 -square foot property contains a two-story residence with a deck,
AVENUE: private walk, a 286.84 -square foot detached garage accessed from the alley, and
a gravel parking area off of the alley.
The petitioner is requesting the over -sized detached garage to accommodate
larger vehicles and equipment on the property in an enclosed structure. The
existing gravel parking pad located next to the existing detached garage does not
comply with current code. In order to support the approval of the over -sized
garage, staff is adding a condition that the gravel parking area would have to be
removed and replaced with turf or a landscaped area unless the petitioner seeks a
minor variation to pave the parking area with an approved material.
The Planning and Zoning Board recommended (5-0) that the City Council
approve the request with Staff's provided conditions. A modification was made
to Condition #1 and #2 to clarify the approved driveway and parking pad
materials consisting of stabilized alternative permeable materials that comply
with City Code.
1. That the petitioner either applies for and obtains a minor variation for a
parking pad consisting of a stabilized alternative permeable material that
complies with City code for the existing gravel parking area at the rear of the
property prior to be issued a building permit for the proposed detached
garage or remove and replace the gravel area with turf or landscaping. If the
gravel is being removed, then no parking or equipment storage shall take
place on this part of the property.
2. That the petitioner construct a driveway from the alley curb to the detached
garage with a stabilized alternative permeable paving material that complies
with all City codes.
3. That a minimum 5 -foot (5') setback is provided between the detached garage
and the west property line.
4. That the detached garage is constructed with frost -protected footings as
required by the IRC 2015 Building Code for garages over 600 -square feet.
5. That the proposed structure is not used for the purpose of a home occupation
or other use besides storage of common residential items.
Staff does not recommend approval or denial of this request.
Moved by Moylan, seconded by Lysakowski to recommend to Approve a Major
Variation to Allow a Detached Garage that Exceeds the Maximum Area
Permitted for Accessory Structures at 1434 east Walnut Avenue; and further
recommend that Ordinance Z-19-19 to be adopted at the appropriate time this
evening. Upon voice vote, motion declared carried.
Page 4 of 7 07/15/19
CONSIDER Director of Community and Economic Development Mike McMahon reviewed a
VARIANCE memorandum dated June 26, 2019.
REQUEST/
DRIVEWAY The petitioners, Jesus Blancas and Norma Cortes, are requesting a Major
WIDTH/ Variation to allow for a driveway that exceeds the twelve foot (12') maximum
1665 FARWELL width permitted in the R-1 Zoning District located at 1665 Farwell Avenue. This
AVENUE: 0.38 -acre property currently contains a one-story residence with a detached
garage, concrete driveway, patio, and shed. The driveway is located on the west
side of the property in the corner side yard alongside Greco Avenue.
The existing driveway surface is approximately 84 -feet long from the detached
garage to the street and ten feet (10') wide from the property line to the southwest
corner of the house where it extends to twenty feet (20') in width. The petitioner
is proposing to widen the existing driveway at varying widths from thirteen feet
(13') in width up to twenty-one and a half feet (21.50') in some areas. The
proposal would pave the open space in-between the house and existing driveway
as well as a portion of the grassy space in the front yard in an effort to
accommodate additional parking.
The petitioner's request to allow a driveway width that exceeds the twelve foot
(12') maximum width constitutes the need for a major variation to Section 12-9-
6(B) of the 1998 Des Plaines Zoning Ordinance. Staff did not find a hardship with
the land or unique circumstance with the property to warrant a variation with the
original proposed design.
Per the request of the Planning and Zoning Board, the Director of Community
and Economic Development, Economic Development Coordinator, and Planner
met with the petitioners on the subject property, conducted measurements of the
existing driveway area, and generated a compromised modified driveway design
plan with the petitioners. Staff now supports the modified design as the variance
request has been reduced from the original design.
The Planning and Zoning Board recommended (5-0) that the City Council
approve the request with one condition.
1. That the Community and Economic Development Director and CED staff
visit the subject property and work with the petitioners to create a modified
driveway design allowing for pavement up to the south elevation of the
residence near the garage approach area, eighteen inches (18") of green space
in between the west elevation of the residence and the driveway widening
addition, a reduction of the proposed pavement addition width to nine feet
(9') at the proposed private walk, and a taper of the driveway widening
addition to twelve feet (12') at the existing private walk.
Staff recommended approval of Ordinance Z-20-19.
Moved by Chester, seconded by Smith to recommend approval of the Variance
Request to allow a driveway width that exceeds the maximum driveway width
permitted in the R-1 Zoning district at 1665 Farwell Avenue; and further
Page 5 of 7 07/15/19
(Cont.) recommend that Ordinance Z-20-19 be adopted at the appropriate time this
evening. Upon voice vote, motion declared carried.
CONSIDER CU/
MOTOR VEHICLE
SALES/
1065 LEE STREET:
CONSIDER
ZONING,
REGULATIONS,
AND LICENSING
OF
RECREATIONAL
CANNABIS
BUSINESSES:
Alderman Rodd explained that this item was discussed at the last Council meeting
and is presented tonight for a Second Reading of Ordinance Z-20-19. Alderman
Rodd expressed her disappointment that the applicant for 1065 Lee Street was at
tonight's meeting and that the business remains in violation of their original
conditional use by allowing more than four (4) vehicles for sale on their property.
Moved by Rodd, seconded by Lysakowski to recommend to deny the conditional
use permit for Motor Vehicle Sales at 1065 Lee Street, Des Plaines, Illinois; and
further recommend to deny Ordinance Z-20-19 at the appropriate time this
evening. Upon show of hands, the vote was:
AYES: 5-Lysakowski, Rodd, Zadrozny,
Brookman, Smith
NAYS: 1 -Moylan
ABSENT: 1-Goczkowski
ABSTAIN: 1 -Chester
Motion declared carried.
LEGAL & LICENSING — Alderman Brookman, Chair
Alderman Brookman explained that this item is continued from the last City
Council meeting. This is an informational discussion with the ultimate purpose
of issuing direction to the Planning and Zoning Board regarding the regulation
and licensing of recreational cannabis businesses.
General Counsel Friedman reviewed the key components and summarized the
Cannabis Regulation and Tax Act which 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.
Although the sale and use of cannabis will be legal, possession and consumption
will still be regulated. The following activities will be prohibited under the Act.
• Consumption of cannabis in any "public place."
• Consumption of cannabis on school grounds
• Consumption "in close physical proximity" to persons under 21
• Smoking cannabis in any location where smoking is prohibited by the
Smoke Free Illinois Act
• Sale of cannabis to minors under the age of 21
• Home delivery of cannabis to a consumer by a cannabis business
• Possession and consumption by a minor under the age of 21 (other than
for legal medical purpose)
• Possession of cannabis in motor vehicle unless the cannabis is in a
"sealed, odor -proof, child -resistant, tamper -evident cannabis container"
and "reasonably inaccessible"
• Driving under the influence of cannabis (DUI)
Page 6 of 7 07/15/19
Recreational cannabis will be subject to multiple layers of taxation, on top of
existing state, county and local sales taxes. In addition to state taxes on wholesale
cannabis sales by cultivation centers and retail sales by dispensaries, counties and
municipalities may impose local retailer occupation taxes on dispensary sales.
All local taxes will be collected by the state. These revenues will be disbursed to
local governments in the same manner as local sales tax revenues.
Further, the Act maintains important protections for employers including the
ability to enforce reasonable workplace policies such as "drug free" or "zero
tolerance" policies and to impose discipline up to, and including, termination if
an employee is impaired or under the influence of cannabis while in the
workplace.
Alderman Brookman expressed that due to the importance of this item it will be
further discussed at a subsequent committee meeting.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
BACK IN REGULAR SESSION
NEW BUSINESS:
WARRANT Moved by Chester, seconded by Brookman, to concur with recommendation of
REGISTER: Committee of the Whole to adopt Resolution R-127-19, 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-127-19 AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE
PAYMENT FOR SAME. Total: $3,744,067.32. Upon roll call, the vote was:
AYES: 7-Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 -None
ABSENT: 1- Goczkowski
Motion declared carried.
MAJOR Moved by Rodd, seconded by Zadrozny, to concur with recommendation of
VARIANCE/ Committee of the Whole to adopt Ordinance Z-19-19, AN ORDINANCE
DETACHED APPROVING A MAJOR VARIATION FROM SECTION 12-8-1 OF THE
GARAGE AREA/ CITY OF DES PLAINES ZONING ORDINANCE AT 1434 WALNUT
1434 EAST AVENUE, DES PLAINES, ILLINOIS (CASE#19-032-V). Upon voice vote,
WALNUT motion declared carried.
AVENUE:
Ordinance
Z-19-19
VARIANCE/ Moved by Rodd, seconded by Chester, to concur with recommendation of
DRIVEWAY Committee of the Whole to adopt Ordinance Z-20-19, AN ORDINANCE
WIDTH/ APPROVING A MAJOR VARIATION FROM SECTION 12-9-6 OF THE
(Cont.)
1665 FARWELL
AVENUE:
Ordinance
Z-20-19
CU/MOTOR
VEHICLE SALES/
1065 LEE STREET:
Ordinance
Z-16-19
ADJOURNMENT:
Page 7 of 7 07/15/19
CITY OF DES PLAINES ZONING ORDINANCE AT 1665 FARWELL
AVENUE, DES PLAINES, ILLINOIS (CASE#19-029-V). Upon voice vote,
motion declared carried.
Moved by Rodd, seconded by Zadrozny, to concur with recommendation of
Committee of the Whole to deny Ordinance Z-16-19, AN ORDINANCE
AMENDING ORDINANCE Z-16-01 WHICH APPROVED A CONDITIONAL
USE PERMIT FOR MOTOR VEHICLE SALES AT 1065 LEE STREET,
DES PLAINES, ILLINOIS (CASE #19 -017 -CU).
A Substitute motion was moved by Smith, seconded by Moylan to defer this item
until the next City Council meeting. Upon show of hands, the vote was:
AYES: 4 -Moylan, Rodd, Chester, Smith
NAYS: 4-Lysakowski, Zadrozny, Brookman, Bogusz
ABSENT: 1- Goczkowski
Motion failed.
Moved by Rodd, seconded by Zadrozny, to concur with recommendation of
Committee of the Whole to deny Ordinance Z-16-19, AN ORDNANCE
AMENDING ORDINANCE Z-16-01 WHICH APPROVED A CONDITIONAL
USE PERMIT FOR MOTOR VEHICLE SALES AT 1065 LEE STREET,
DES PLAINES, ILLINOIS (CASE #19 -017 -CU). Upon roll call, the vote was:
AYES: 5-Lysakowski, Rodd, Zadrozny, Brookman, Bogusz
NAYS: 2 -Moylan, Smith
ABSENT: 1- Goczkowski
PRESENT: 1 -Chester
Motion declared carried.
Moved by Rodd, seconded by Brookman, to adjourn the meeting. Motion
declared carried. The meeting adjourned at 8:46 p.m.
dtatitJko
1
Laura Fast — DEPUTY CITY CLERK
APPROVED BY ME THIS