03/18/2019CALL TO
ORDER:
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,
MARCH 18, 2019
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Mayor Bogusz at 6:00 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, March 18, 2019.
ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson,
Rodd, Sayad, Chester, Smith and Charewicz. Absent: Brookman
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.
CLOSED SESSION: Moved by Sayad, seconded by Rodd to enter into Closed Session to Review of
Closed Session Minutes, Personnel, Collective Bargaining, Sale or Lease of
Property, Probable or Imminent Litigation, and Purchase of Property. Upon roll
call, the vote was:
AYES: 7-Lysakowski, Robinson, Rodd, Sayad,
Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared unanimously carried.
PRAYER AND
PLEDGE:
RECOGNITION:
PUBLIC HEARING/
HAZARD
MITIGATION
PLAN:
The City Council recessed at 6:02 p.m.
The City Council re -convened at 7:00 pm.
Roll call indicated the following Aldermen present: Lysakowski, Robinson,
Rodd, Sayad, Chester, Smith, Charewicz. Absent: Brookman. A quorum was
present.
The prayer was offered by Alderman Sayad, followed by the Pledge of
Allegiance to the Flag of the United States of America.
Mayor Bogusz presented the Maine West Girls' Basketball Team with a plaque
and congratulated the team on their State Championship.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS
DES PLAINES CIVIC CENTER, MONDAY, MARCH 18, 2019
Mayor Bogusz called the Cook County Hazard Mitigation Plan Annex Public
Hearing to order at 7:07 p.m.
Page 2 of 8 03/18/19
(Cont.) Sandy Anagnostopoulos, Emergency Planner, with Tetra Tech presented an
overview of the Hazard Mitigation Plan for the City of Des Plaines.
The FEMA Disaster Mitigation Act of 2000 requires local communities to
develop and implement mitigation plans to identify and prioritize natural hazards
and develop strategies to reduce the impact of hazards when they occur.
Complying with DMA 2000 also allows local communities to be eligible for
federal mitigation planning grants for their Emergency Management Program.
The Cook County Multi -Hazard Mitigation Plan is a County -wide and regional
plan that identifies risks and ways to minimize damage by natural and manmade
disasters. The plan is a comprehensive resource document that serves many
purposes such as enhancing public awareness, creating a decision tool for
management, promoting compliance with State and Federal program
requirements, enhancing local policies for hazard mitigation capability, and
providing inter jurisdictional coordination.
The Cook County HMP, which received approval from the Illinois Emergency
Management Agency (IEMA) and the Federal Emergency Management Agency
(FEMA), means Cook County and local jurisdictions are now eligible to receive
funds through FEMA's Hazard Mitigation Grant Program (HMGP).
The City of Des Plaines current Hazard Mitigation Plan is a stand-alone plan and
has expired. Staff recommended that we adopt the Cook County All Hazards
Mitigation Plan/Des Plaines Annex Resolution and become a partner in their All
Hazards Mitigation Program as recommended by FEMA's Multi -Jurisdictional
Mitigation Program.
The Public Hearing was adjourned at 7:23 p.m.
CITIZEN Resident Wharton Sinclair requested that the City Council adopt a Resolution
PARTICIPATION: endorsing a policy to fight climate change known as Carbon Fee and Dividend.
The Resolution should urge members of the Illinois Congressional delegation to
support this policy which has been introduced in the U.S. House of
Representatives as the Energy Innovation and Carbon Dividend Act H.R. 763.
Des Plaines Arts Council President, Will Soderberg, announced that the deadline
to submit an art scholarship application is March 31, 2019.
CLERK Acting Clerk Fast announced Early Voting for the April 2, 2019 Consolidated
ANNOUNCEMENTS: Election is available at the Des Plaines Library, seven days a week, through
April 1, 2019.
CONSENT
AGENDA:
Mayor Bogusz announced Item 4a under Committee of the Whole, Legal and
Licensing, Consideration of City Code Amendments regarding Video Gaming
will be removed from tonight's agenda without objection.
Moved by Sayad, seconded by Rodd, to establish the Consent Agenda. Motion
declared carried.
(Cont.)
APPROVE
T.O. #1/AECOM
TECHNICAL/
TIF #1
DOWNTOWN
STREETSCAPE:
Consent Agenda
Resolution
R-59-19
AWARD BID/TIF #1
DOWNTOWN
STREETSCAPE/
ALLIANCE
CONTRACTORS:
Consent Agenda
Resolution
R-60-19
APPROVE
UPDATED
HAZARD
MITIGATION
PLAN:
Consent Agenda
Resolution
R-61-19
APPROVE T.O.
#1/GEWALT
HAMILTON/LEE-
FOREST
SIGNALIZATION:
Consent Agenda
Page 3 of 8 03/18/19
Moved by Rodd, seconded by Robinson, to approve the Consent Agenda. Upon
roll call, the vote was:
AYES: 7-Lysakowski, Robinson, Rodd, Sayad
Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
Minutes were approved; Requests were approved; Ordinance M-6-19, Z-2-19,
Z-3-19; Resolution R-59-19, R-60-19, R-61-19, R-62-19, R-64-19 were adopted.
Moved by Rodd, seconded by Robinson, to Approve Resolution R-59-19, A
RESOLUTION APPROVING TASK ORDER NO. 1 WITH AECOM
TECHNICAL SERVICES, INC FOR PROFESSIONAL ENGINEERING
SERVICES FOR TIF # 1 DOWNTOWN STREETSCAPE PHASE V. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Robinson, to Approve Resolution R-60-19, A
RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH
ALLIANCE CONTRACTORS, INC FOR TIF #1 DOWNTOWN
STREETSCAPE. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Rodd, seconded by Robinson, to Approve Resolution R-61-19, A
RESOLUTION AUTHORIZING THE ADOPTION OF THE COOK COUNTY
MULTI -JURISDICTIONAL, HAZARD MITIGATION. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Robinson, to Approve Resolution R-62-19,
APPROVING TASK ORDER NO. 1 UNDER A MASTER CONTRACT WITH
GEWALT HAMILTON ASSOCIATES INC FOR PROFESSIONAL
ENGINEERING SERVICES AND THE EXPENDITURE OF FUNDS FOR
RIGHT-OF-WAY ACQUISITION IN CONNECTION WITH PHASE II FOR
THE LEE -FOREST INTERSECTION SIGNALIZATION PROJECT. Motion
declared carried as approved unanimously under Consent Agenda.
(Cont.)
Resolution
R-62-19
REJECT ALL BIDS
FOR
STREETLIGHT
MAINTENANCE
AND REBID:
Consent Agenda
Resolution
R-64-19
APPROVE
PURCHASE AND
CREDIT OF FIRE
DEPARMENT
CARDIAC
EQUIPMENT:
Consent Agenda
Ordinance
M-6-19
SECOND
READING/
ORD. Z-2-19/
1300 RAND ROAD:
Consent Agenda
SECOND
READING/
ORD. Z-3-19/
1308 RAND ROAD:
Consent Agenda
Page 4 of 8 03/18/19
Moved by Rodd, seconded by Robinson, to Approve Resolution R-64-19, A
RESOLUTION REJECTING ALL BIDS FOR STREETLIGHT REPAIR AND
UTILITY LOCATION OF UNDERGROUND WIRING. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Robinson, to Approve Ordinance M-6-19, AN
ORDINANCE DECLARING CARDIAC MONITORS/DEFIBRILLATORS
OWNED BY THE CITY OF DES PLAINES AS SURPLUS AND APPROVING
THE PURCHASE OF CARDIAC MONITORS/DEFIBRILLATORS FROM
ZOLL MEDICAL CORPORATION. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Rodd, seconded by Sayad to Advance to Second Reading and adopt
Ordinance M-6-19, AN ORDINANCE DECLARING CARDIAC
MONITORS/DEFIBRILLATORS OWNED BY THE CITY OF DES PLAINES
AS SURPLUS AND APPROVING THE PURCHASE OF CARDIAC
MONITORS/DEFIBRILLATORS FROM ZOLL MEDICAL CORPORATION.
Upon roll call, the vote was:
AYES: 7-Lysakowski, Robinson, Rodd, Sayad
Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
Moved by Rodd, seconded by Robinson, to Approve Second Reading Ordinance
Z-2-19, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT,
MAJOR VARIATIONS, AND CONDITIONAL USE PERMIT FOR A LIVERY
SERVICE AT 1300 RAND ROAD, DES PLAIES, ILLINOIS (CASE #19 -004 -
CU -V -MAP). Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Rodd, seconded by Robinson, to Approve Second Reading Ordinance
Z-3-19, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT,
MAJOR VARIATIONS, AND CONDITIONAL USE PERMIT FOR A
COMMERCIAL TRUCK PARKING LOT AT 1308 RAND ROAD,
DES PLAINES, ILLINOIS (CASE #19 -008 -CU -V -MAP). Motion declared
carried as approved unanimously under Consent Agenda.
AUTHORIZE CITY
CLERK TO
ADVERTISE FOR
BID/2019 CIP
CONCRETE,
STREET &
UTILITY
IMPROVEMENTS:
Consent Agenda
APPROVE
MINUTES:
Consent Agenda
WARRANT
REGISTER:
CONSIDERATION
OF CODE
AMENDMENTS
REGARDING
NOISE:
Page 5 of 8 03/18/19
Moved by Rodd, seconded by Robinson, to Authorize the City Clerk to Advertise
for Bid the 2019 CIP Concrete Improvements — MFT 19 -00000 -01 -GM, and 2019
CIP Street and Utility Improvements — Contract A, Contract B, and Contract C.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Robinson, to approve the Minutes of the City
Council of March 4, 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 Charewicz, Chair
Alderman Charewicz presented the Warrant Register for consideration.
Moved by Sayad, seconded by Chester, to recommend to the City Council
approval of the March 18, 2019 — Warrant Register in the Amount of
$3,911,249.99 and further recommend that Resolution R-63-19 be adopted at
appropriate time this evening. Upon voice vote, motion declared carried.
PUBLIC SAFETY — Alderman Rodd, Chair
Director of Community and Economic Development Mike McMahon reviewed a
memorandum dated February 25, 2019.
In 2014 the City of Des Plaines enacted a new ordinance regulating noises
generated within the City's boundaries. After five years of the noise ordinance
in place, City staff proposed to amend the current Noise Ordinance to
accommodate two additions, i) add emergency building generators as an
exemption to the Noise Ordinance, under certain circumstances, and ii) partially
amend the way that noise violations are measured.
Building generators are usually paired with buildings that contain elevators and
will activate to continue operating elevators in the event of a power outage.
Building generators also have to be activated regularly for proper maintenance
and testing. As such, staff proposed text to add building generators to the
exemption list of items that the Noise Ordinance will cover. Generators that are
powering buildings when there is no testing, maintenance or power outages
taking place can be subject to fines for violating this code section.
The existing Noise Ordinance contains certain acceptable levels of noises,
measured in decibels (dBA); however, the current ordinance does not account for
ambient noises surrounding the potential noise which can interfere when
CONSIDERATION
OF CU/
OVERNIGHT PET
BOARDING/
676 N WOLF RD:
Page 6 of 8 03/18/19
investigating complaints. When using a sound level meter to capture the decibel
reading from a noise source, that meter will also pick up the decibels from
surrounding noise sources such as vehicles, overhead air planes, trains, lawn
mowers, air conditioners, and other exempt sources. Therefore, staff proposed to
adjust the Noise Ordinance to accommodate ambient noise levels when
responding to potential noise violation complaints. The proposed amendments
will respect acceptable noise levels, but also introduce a noise reading above
ambient levels that will help to distinguish the investigating noise source. Staff
is proposing to slightly increase the acceptable levels and include noise readings
15 decibels above ambient to better capture the source of the noise violation while
accommodating other surrounding noises.
Staff recommended that the City Council adopt Ordinance M-7-19.
Moved by Sayad, seconded by Charewicz to Approve Amendments to Title 6,
Chapter 2, Section 7 of the Des Plaines City Code Regarding Noise; and further
recommend that M-7-9 be adopted at the appropriate time this evening. Upon
voice vote, motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Sayad, Chair
Director of Community and Economic Development Mike McMahon reviewed a
memorandum dated February 26, 2019.
The petitioners, Michelle Janczak and Cathy Schilling, have requested an
amendment to their Conditional Use Permit under Ordinance Z-2-18 in order to
expand hours and services for their existing Domestic Pet Service at 676 Wolf
Road. The petitioners have been operating the dog daycare business, Playtime
Pup Ranch, in Wolf Shopping Center since late 2018. The applicants successfully
obtained a conditional use from City Council in February 2018. As part of the
approval, the applicants submitted a Plan of Operation detailing the operations,
services and activities taking place within the subject unit. The applicants are
now requesting to expand their operations and amend their current Conditional
Use Ordinance.
Playtime Pup Ranch would continue to operate day care hours from Monday
through Friday, 6:30am to 6:30pm and Saturday 8am to 5pm. The proposed
overnight boarding hours will include Monday through Friday 6:30pm to 6:30am
and Saturday from 5pm to Monday 6:30am. According to the new Plan of
Operation, there will be staff on-site during all hours of operation to monitor all
dogs and to ensure that no excessive noises/barking occurs. Additionally, the dog
day care operations will result in a maximum of 30 dogs at the facility and a
maximum of 10 dogs boarded overnight. The applicants stated that they will still
offer pet training, dog grooming services, dog day care and accessory retail sales.
The Planning and Zoning Board recommended (6-0) that the City Council
approve the conditional use amendment for 676 N. Wolf Road with the one
condition identified below:
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-63-19
CONSIDER
AMENDMENTS TO
CITY CODE
REGARDING
NOISE:
Ordinance
M-7-19
CONSIDER
CU/OVERNIGHT
PET BOARDING/
676 N. WOLF RD:
Ordinance
Z-4-19
Page 7 of 8 03/18/19
1. That the updated operation hours and activities found in the updated Plan of
Operation be adhered to for the life of the Conditional Use Permit.
Staff recommended approval to amend Ordinance Z-4-19
Moved by Smith, seconded by Rodd to Approve a Conditional Use Amendment
to Allow for Overnight Pet Boarding for an Existing Domestic Pet Service, 676
n. Wolf Road, Case #19 -009 -CU; and further recommend that Z-4-19 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
Moved by Charewicz, seconded by Robinson, to concur with recommendation of
Committee of the Whole to adopt Resolution R-63-19, 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: $3,911,249.99. Upon roll call, the vote was:
AYES: 7-Lysakowski, Robinson, Rodd, Sayad,
Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
Moved by Rodd, seconded by Lysakowski, to concur with recommendation of
Committee of the Whole to adopt Ordinance M-7-19, AN ORDINANCE
AMENDING SECTION 6-2-7 OF THE CITY CODE OF THE CITY OF
DES PLAINES REGARDING NOISE. Upon roll call, the vote was:
AYES: 7-Lysakowski, Robinson, Rodd, Sayad,
Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
Moved by Sayad, seconded by Chester, to concur with recommendation of
Committee of the Whole to adopt Ordinance Z-4-19, AN ORDINANCE
AMENDING ORDINANCE Z-2-18 WHICH APPROVED A CONDITIONAL
USE PERMIT FOR THE OPERATION OF A DOMESTIC PET SERVICE AT
676 N WOLF ROAD (CASE #19 -006 -CU). Upon roll call, the vote was:
AYES: 7-Lysakowski, Robinson, Rodd, Sayad
Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
(Cont.)
Page 8 of 8 03/18/19
Moved by Sayad, seconded by Robinson to advance to Second Reading an adopt
Ordinance Z-4-19, AN ORDINANCE AMENDING ORDINANCE Z-2-18
WHICH APPROVED A CONDITIONAL USE PERMIT FOR THE
OPERATION OF A DOMESTIC PET SERVICE AT 676 N WOLF ROAD
(CASE #19 -006 -CU). Upon roll call, the vote was:
AYES: 7-Lysakowski, Robinson, Rodd, Sayad
Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1 -Brookman
Motion declared carried.
ADJOURNMENT: Moved by Chester, seconded by Sayad, to adjourn the meeting. Motion declared
carried. The meeting adjourned at 8:00 p.m.
APPROVED BY ME THIS
DAY OF
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Matthew J g ogusz, u AYOR
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, 2019
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Laura Fast — ACTING CITY CLERK