09/03/2019CALL 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, TUESDAY,
SEPTEMBER 3, 2019
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Mayor Bogusz at 7:00 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Tuesday, September 3, 2019.
ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd,
Zadrozny, Brookman, Chester, Smith, Goczkowski. 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, Director of Public Safety Kushner, and General Counsel Friedman.
PRAYER AND The prayer was offered by Alderman Moylan, followed by the Pledge of
PLEDGE: Allegiance to the Flag of the United States of America.
PUBLIC HEARING/
150 N. EAST RIVER
ROAD/
MAJOR PUD
AMENDMENT:
MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR
ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES
CIVIC CENTER, TUESDAY, SEPTEMBER 3, 2019
Mayor Bogusz called the 150 N. East River Road, Major Planned Unit
Development Amendment Public Hearing to order at 7:02 p.m.
The petitioner for 150 N. East River Road requested that the City Council hold a
public hearing under Zoning Ordinance Code Section 12-3-5. Specifically the
petitioner is requesting a Major Planned Unit Development Amendment of
Ordinance Z-25-18 under Code Section 12-3-5.G.1, of the 1998 Des Plaines
Zoning Code, as amended, to amend a condition to the aforementioned ordinance.
A public notice was published in the August 14, 2019 Des Plaines Journal.
Additionally, a public notice sign was placed on the subject property and notices
were sent to property owners within 300 feet.
The applicant, Paul Langdon, on behalf of Vanguard Des Plaines Apartments, has
been working towards improving the driveway entrance at Golf Road by applying
for a permit with the Illinois Department of Transportation (IDOT) since May
2018. However, the IDOT permit has not yet been issued and the construction
on this driveway entrance has not commenced. The multi -family building is
nearing the end of construction and a certificate of occupancy cannot be issued to
the applicant based on this condition. As such the petitioner is requesting to
amend the condition in Ordinance Z-25-19 to allow for a temporary certificate of
occupancy to be issued while this applicant obtains a permit for IDOT and Golf
Road lane widening and driveway entrance is still being worked on.
With no public comment the Public Hearing was adjourned at 7:06 p.m.
CONSENT
AGENDA:
APPROVE IEMA
AGMT/FIRE
STATION FLOOD
WALL:
Consent Agenda
Resolution
R-150-19
APPROVE
AGMT/AVI
SYSTEMS/CITY
COUNCIL
CHAMBERS
AUDIOVISUAL:
Consent Agenda
Resolution
R-151-19
APPROVE
THYSSENKRUPP
ELEVATOR
COMPANY AGMT/
DES PLAINES
THEATRE
ELEVATOR:
Consent Agenda
Resolution
R-152-19
Page 2 of 15 09/03/19
Moved by Brookman, seconded by Zadrozny, to establish the Consent Agenda.
Motion declared unanimously carried.
Moved by Brookman, seconded Rodd, to approve the Consent Agenda. Upon
roll call, the vote was:
AYES: 8-Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Minutes were approved; Request was approved; Resolutions R-150-19,
R-151-19, R-152-19, R-154-19, R-155-19, R-158-19 were adopted.
Moved by Brookman, seconded by Rodd, to Approve Resolution R-150-19, A
RESOLUTION APPROVING AN INTERGOVERNMENTAL GRANT
AGREEMENT WITH THE ILLINOIS EMERGENCY MANAGEMENT
AGENCY REGARDING THE FIRE STATION FLOOD WALL. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Rodd, to Approve Resolution R-151-19, A
RESOLUTION APPROVING AN AGREEMENT WITH AVI SYSTEMS FOR
THE CITY COUNCIL CHAMBERS AUDIOVISUAL SYSTEM UPGRADES.
Motion declared carried as approved unanimously under Consent Agenda.
Alderman Brookman requested that this item be removed for discussion.
The proposed Des Plaines Theatre elevator car platform size of the proposed
elevator is 7'0" wide x 6' 2 3/4" deep yet the clear inside cab depth is 4'0"ft 9.5".
This appears to be too small of a size to accommodate a stretcher which is lying
flat which would hinder the opportunity to perform CPR. Since the Des Plaines
Theatre is a place of public assembly with a restaurant on the second floor
Alderman Brookman requested a proposal for a larger elevator.
Staff will check the figures with Thyssenkrupp Elevator Company and discuss
what the ideal size of an elevator with the Fire Department staff.
(Cont.)
APPROVE
FUTURE LINK OF
ILLINOIS AGMT/
POLICE CAR
COMPUTERS:
Consent Agenda
Resolution
R-154-19
APPROVE ADDT'L
EXPENDITURE/
ON TIME
EMBROIDERY/
FIRE DEPT
UNIFORMS:
Consent Agenda
Resolution
R-155-19
APPROVE
TRANSFER OF
OWNERSHIP/
LIQUOR LICENSE/
KMART:
Consent Agenda
APPROVE
UPDATED
AGMT/GIS
CONSORTIUM:
Consent Agenda
Resolution
R-158-19
Page 3 of 15 09/03/19
Moved by Brookman, seconded by Chester, to Approve Resolution R-152-19, A
RESOLUTION APPROVING AN AGREEMENT WITH THYSSENKRUPP
ELEVATOR COMPANY FOR THE INSTALLATION OF AN ELEVATOR
AT THE DES PLAINES THEATRE. Upon roll call, the vote was:
AYES: 8-Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Staff was directed to obtain a proposal for a larger elevator for the Des Plaines
Theatre.
Moved by Brookman, seconded by Rodd, to Approve Resolution R-154-19, A
RESOLUTION APPROVING AN AGREEMENT WITH FUTURE LINK OF
ILLINOIS, INC FOR THE PURCHASE OF POLICE CAR COMPUTERS AND
ACCESSORIES. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Rodd, to Approve Resolution R-155-19, A
RESOLUTION AUTHORIZING ADDITIONAL EXPENDITURES UNDER A
CONTRACT WITH ON TIME EMBROIDERY, INC FOR THE PURCHASE
OF FIRE DEPARTMENT UNIFORMS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Rodd, to Approve Transfer of Ownership for
a Class B-1 — Retail Bulk Sales — Alcohol Not Primary Sales Liquor License for
Transform K M Stores of Illinois, LLC d/b/a K -Mart, 1155 Oakton Street,
Des Plaines, Illinois. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Rodd, to Approve Resolution R-158-19, A
RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER
INTO AN UPDATED MEMBERSHIP AGREEMENT WITH THE
GEOGRAPHIC INFORMATION SYSTEM CONSORTIUM. Motion declared
carried as approved unanimously under Consent Agenda.
APPROVE
MINUTES:
Consent Agenda
APPROVE
MINUTES:
Consent Agenda
WARRANT
REGISTER:
CONSIDER
REDEVELOPMENT
PLAN/
OAKTON STREET
REDEVELOPMENT
PROJECT AREA:
CONSIDER
DESIGNATION OF
OAKTON STREET
REDEVELOPMENT
PROJECT AREA:
CONSIDER
TIF/OAKTON
STREET
REDEVELOPMENT
PROJECT AREA:
Page 4 of 15 09/03/19
Moved by Brookman, seconded by Rodd, to approve the Minutes of the City
Council of August 19, 2019, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Rodd, to approve the Closed Session Minutes
of the City Council of August 19, 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 Chester, seconded by Goczkowski, to recommend to the City Council
approval of the September 3, 2019 — Warrant Register in the Amount of
$5,806,816.71 and further recommend that Resolution R-156-19 be adopted at
appropriate time this evening. Upon voice vote, motion declared carried
COMMUNITY DEVELOPMENT — Alderman Rodd, Chair
Alderman Rodd recapped the Oakton Street TIF District Public Hearing which
was held at the August 5, 2019 Des Plaines City Council Meeting.
Director of Community and Economic Development Mike McMahon reviewed a
memorandum dated August 6, 2019.
The City of Des Plaines is proposing a new Tax Increment Financing (TIF)
District encompassing two aging commercial corridors, Lee Street/Mannheim
Road and Oakton Street. The Oakton Street TIF District will encompass
approximately 120 acres of parcels within the district boundaries and will serve
as an economic development tool to reinvigorate this area by encouraging new
development and redevelopment, funding new capital infrastructures projects,
financially assisting with environmental cleanup of contaminated properties, and
assisting with other TIF related projects.
The City has been working with Kane McKenna and Associates to draft the
Oakton Street Tax Increment Financing District Redevelopment Plan and Oakton
Street Tax Increment Financing District Eligibility Report which found that the
geographic area within the proposed Oakton Street TIF District boundary
satisfied the State statute requirements to establish this TIF District.
Representatives from Kane McKenna and the City have been working on all
necessary items and activities to establish this area as a TIF District. Recently, on
August 5, 2019, a public hearing was held to discuss and take testimony on the
proposed Oakton Street TIF District. The next step towards enacting this TIF
District is to consider three ordinances.
(Cont.)
CONSIDER CU
AMENDMENT/
SALE OF ADDT'L
VEHICLES
CUMBERLAND
AUTO/
410 NORTHWEST
HWY:
Page 5 of 15 09/03/19
M-18-19 Approving A Tax Increment Redevelopment Plan And Project For The
Oakton Street Redevelopment Project Area — This ordinance approves the
Redevelopment Plan that was created by Kane McKenna. This Redevelopment
Plan generally lays out a pathway for redevelopment of the two commercial
corridors and also identifies a proposed budget for the 23 -year Oakton Street TIF
District.
M-19-19 Adopting Tax Increment Allocation Financing For The Oakton Street
Redevelopment Project Area — This ordinance establishes the budget where future
revenues will originate from any property taxes generated above the 2018
equalized assessed values (EAV) from all properties within the Oakton Street TIF
District. These funds will go into an account specifically for approved
expenditures related to the Oakton Street Redevelopment Plan.
M-20-19 Designating The Oakton Street Redevelopment Project Area Pursuant
To The Tax Increment Allocation Redevelopment Act - This ordinance effectively
establishes the Oakton Street TIF District boundaries and identifies all of the
properties that are within the defined boundary.
Certified copies of all of these ordinances will be sent to the Cook County Clerk's
Office in order establish the Oakton Street TIF District.
Staff recommended approval of Ordinances M-18-19, M-19-19, and M-20-19.
Moved by Brookman, seconded by Chester to recommend that Ordinance
M-18-19, M-19-19, and M-20-19 be adopted at the appropriate time this evening.
Upon voice vote, motion declared carried.
Director of Community and Economic Development Mike McMahon reviewed a
memorandum dated July 24, 2019.
The petitioner, George Zervos, is requesting a Conditional Use Permit
Amendment to Ordinance Z-21-01 under Section 12-7-3(K) of the 1998
Des Plaines Zoning Ordinance, as amended, for the existing motor vehicle sales
and auto service repair use in the C-3 General Commercial District to allow for
the sale of 12 more vehicles on site for a total of 22 personal vehicles.
The petitioner has been operating the 2,400 -square foot auto repair shop,
Cumberland Automotive, and is one of the two tenants currently operating out of
the building. A 2,500 -square foot auto service shop, H&Z Automotive, operates
out of the remainder of the building. Cumberland Automotive successfully
obtained a Conditional Use from City Council in August 2002 for the sale of ten
automobiles on site. The petitioner is now requesting to expand the area utilized
for the sale of automobiles and amend their current Conditional Use Ordinance.
Cumberland Auto Sales would continue to operate the motor vehicle sales and
auto service repair business. There are a maximum of two to three employees on
(Cont.)
CONSIDER
TENTATIVE PLAT
OF SUBDIVISION
AND VARIATIONS/
2282 EASTVIEW
DRIVE:
Page 6 of 15 09/03/19
site at a given time. Aside from the increase in the number of vehicles displayed
for sale on site, Cumberland Auto Sales is not seeking any additional
modifications to the Conditional Use.
The Planning and Zoning Board recommended (4-0) that the City Council
approve the request with the seven conditions found in the staff report.
1. That no more than 22 personal vehicles may be displayed for sale on the
entire site and that they must be displayed in the exact location shown on the site
plan submitted by the Petitioner.
2. Planter boxes shall be installed.
3. Only vehicles directly associated with the two registered businesses shall
be allowed to park on the subject site.
4. That the curb -cut located on the southwest corner of the property along
Northwest Highway be removed and replaced with turf within 12 months of City
Council approval.
5. That the foundation of the previous sign installed at the corner of
Northwest Highway and State Street be removed within 60 days of City Council
approval.
6. That the Site Plan drawing shall be updated to relocate the trash enclosure.
7. That the petitioner shall follow the provided Parking Plan for the life of
the Conditional Use.
Staff recommended to adopt Ordinance Z-23-19.
Moved by Smith, seconded by Goczkowski to recommend approval to amend
Ordinance Z-21-02 for the Conditional Use Permit for motor vehicle sales at
410 Northwest Hwy, Des Plaines, Illinois; and further recommend that Ordinance
Z-23-19 be adopted at the appropriate time this evening. Upon voice vote, motion
declared carried.
Director of Community and Economic Development Mike McMahon reviewed a
memorandum dated July 24, 2019.
The petitioner, Andrzej L. Bednarczyk, on behalf of Eugeniusz Boronski, is
requesting a Tentative Plat of Subdivision, under Section 13-2 of the Subdivision
Regulations of the City of Des Plaines Municipal Code and Variations under
Section 12-3-6 of the Des Plaines Zoning Ordinance, as amended, to i) subdivide
the subject lot into two lots; ii) reduce the required 55 -foot lot width to 50 -feet
for both proposed lots; and iii) reduce the required 5 -foot side yard setback to
2.52 -feet at 2282 Eastview Drive.
The petitioner proposes to subdivide the 21,697.52 -square foot lot into two lots
and construct a new single-family home. Both proposed lots will have a width of
50 -feet. There are variation requests for lot width and side yard setback with this
application as the proposed lots will not meet the 55 -foot minimum lot width
requirement and the improved lot does not meet the minimum five foot side yard
setback requirement for properties in the R-1, Single -Family Residence district.
CONSIDER
MAJOR PUD
AMENDMENT TO
ALLOW FOR ONE
CONDITION
AMENDMENT TO
ORD. Z-25-18
ASSOC. WITH 150
N EAST RIVER
ROAD:
Page 7 of 15 09/03/19
The existing property boundaries extend into the Eastview Drive right-of-way
and the petitioner is proposing to dedicate the eastern 33 -feet of the existing
property, totaling 330 -square feet, to the City of Des Plaines as shown on the
Tentative Plat of Subdivision.
The Planning and Zoning Board recommended (4-0) that the City Council
approve the request with the four conditions found in the staff report.
1. The portion of the property within the prescribed Eastview Drive roadway
shall be dedicated to the City of Des Plaines.
2. The site plan provided for the new homes will be non-binding.
3. That all drawings comply with all applicable codes.
4. Foundation landscaping shall be provided in front of each house.
Staff recommended to adopt Ordinance Z-24-19.
Moved by Brookman, seconded by Zadrozny to recommend approval of the
Tentative Plat of Subdivision and Major Variations from Section 12-3-6 of the
City of Des Plaines Zoning Ordinance at 2282 Eastview Drive, Des Plaines,
Illinois (Case #19 -041 -SUB -V) as amended; and further recommend to approve
Ordinance Z-24-19 at the appropriate time this evening. Upon voice vote, the
motion carried.
Alderman Brookman requested discussion regarding language in the
Comprehensive Plan - Land Use Plan section be added to a Community and
Economic Committee meeting.
Director of Community and Economic Development Mike McMahon reviewed a
memorandum dated August 14, 2019.
The petitioner is requesting a Major Planned Unit Development Amendment of
Ordinance Z-25-18 under Code Section 12-3-5.G.1, of the 1998 Des Plaines
Zoning Code, as amended, to allow for one change to the conditions of approval.
The petitioner, Paul Langdon, on behalf of Vanguard Des Plaines Apartments,
LP, has filed an application for a Major Amendment to the approved Planned Unit
Development associated with 150 N. East River Road. The request is to amend
Condition F in Section 6 of Ordinance Z-25-18.
This condition was required as part of the approval in order to obtain a second
means of ingress and egress for the development. As part of this driveway
entrance enhancement, the applicant has to add a left turn lane from eastbound
Golf Road to the property and also add a deceleration lane from westbound Golf
Road into the property. The applicant has been working towards improving the
driveway entrance at Golf Road by applying for a permit with the Illinois
Department of Transportation (IDOT) since May 2018. However, the IDOT
permit has not yet been issued and the construction on this driveway entrance has
not commenced. The multi -family building is nearing the end of construction
and a certificate of occupancy cannot be issued to the applicant based on this
condition. As such the petitioner is requesting to amend the condition in
(Cont.)
Page 8 of 15 09/03/19
Ordinance Z-25-19 to allow for a temporary certificate of occupancy to be issued
while this applicant obtains a permit for IDOT and Golf Road lane widening and
driveway entrance is still being worked on. Any amendment to the ordinance
granting approval for this development is considered a Major Amendment to the
Planned Unit Development and requires City Council approval.
The driveway entrance off of Golf Road is currently open and is being utilized by
the construction team for this development. However, the existing conditions of
this particular driveway entrances does not meet IDOT and City standards. The
intent of this driveway is to remain open for ingress/egress up until the
construction of the driveway commences. Therefore, first responders and other
authorized vehicles can access the property utilizing this entrance if the building
is occupied, even under a temporary certificate of occupancy. Staff from the Fire
Prevention Division assessed the diagram and had no concerns with the proposed
access under a temporary certificate of occupancy scenario. The Golf Road
widening and driveway entrance reconstruction will take approximately six to
eight weeks.
The applicant has proposed their suggested amendment for the condition in the
updated ordinance. However, staff proposed alternative language to contain
assurances for the City that the improvements at this entrance commences in a
timely manner. The proposed language is as follows:
F. Improvements Required Prior to Occupancy. The entrance to the Subject
Property from Golf Road, the Golf Road lane widening, and cross -access
easement driveway (with curb, gutter, and drainage) shall be constructed and
approved by the City prior to the issuance of a final certificate of occupancy for
the apartment building. A temporary certificate of occupancy may be issued for
the apartment building; provided, however, that all elements of the Golf Road
lane widening, and cross -access easement driveway must be fully constructed
within 12 months from the effective date of this ordinance.
Staff recommended approval of Ordinance Z-25-19.
Moved by Lysakowski, seconded by Moylan to recommend approval of the
Tentative Plat of Subdivision pursuant to 13-2 of the Des Plaines Subdivision
Ordinance and Variation requests pursuant to Section 12-3-6 of the Des Plaines
Zoning Ordinance, as amended; and further recommend to approve Ordinance
Z-25-19 at the appropriate time this evening. Upon voice vote, the motion
carried.
LEGAL & LICENSING — Alderman Brookman, Chair
CONSIDER Alderman Brookman explained that Consideration of Amendments to Title 4 and
AMENDMENTS TO Title 6 of the City Code Regarding Video Gaming was removed from the Council
CITY CODE/ Agenda at the March 18, 2019 City Council Meeting to allow for further research.
VIDEO GAMING:
Page 9 of 15 09/03/19
(Cont.) This item is brought back for consideration to allow video gaming in certain
licensed establishments, subject to certain conditions and criteria.
CONSIDER
AMENDEMENTS
TO CITY CODE/
COUNCIL
PROCEDURES:
CONSIDER
ZONING,
REGULATIONS,
AND LICENSING
OF
RECREATIONAL
CANNABIS
BUSINESSES:
With the spread of video gaming in Illinois, Rivers Casino will likely experience
a decline in revenue. At the same time, Rivers Casino should be able to offset
the decrease in revenue when it receives land based casino designation.
By allowing video gaming in the city at a limited number of locations businesses
will be able to compete with other communities.
The proposed ordinance, M-8-19, sets the cost of the video gaming license at
$10,000 annually in addition to an annual terminal fee of $1,000 per terminal.
The proposed ordinance also addressed signage required by the state, on -premise
signs, compliance with city ordinances, state and federal laws, security
monitoring system, a wall separating the gaming area and penalties. The
ordinance sets the number of V licenses at eighteen (18).
Awesome Hand Gaming asked for the Council to consider imposing a higher fee
on the terminals rather than the standard fee since gaming companies typically
reimburse the business owner for a portion of the cost of the terminal.
Several businesses asked the City Council to consider lowering the cost of the
annual license fee and increase the number of available gaming licenses.
The consensus was to move forward to allow video gaming in the city but to
reconsider the proposed fees. This item was deferred until the October 21, 2019
City Council meeting.
Alderman Brookman tabled this item without objection.
At the August 19, 2019 City Council meeting, City staff and the General
Counsel's office was directed to provide additional background information to
assist in the Council's discussion of the appropriate zoning and regulation for
cannabis business establishments (CBEs) in the City.
Legal Counsel Friedman reviewed a memo to provide the Council with guidance
to the Planning and Zoning Board (PZB) on this complex policy issue. The City
has wide latitude to prohibit, allow, and regulate CBEs through its zoning
authority. Therefore, it is important that the City Council deliberate and provide
preliminary feedback on the following issues prior to the commencement of a
public hearing before the Planning and Zoning Board on possible amendments to
the City's Zoning Ordinance.
(Cont.)
Page 10 of 15 09/03/19
1. The Cannabis Regulation and Tax Act defines a number of distinct CBEs that
will be separately licensed by the state to engage in the cultivation, processing,
transport, and sale of cannabis to recreational and medical customers starting on
January 1, 2020. These classes of CBE include:
• Cultivation Centers
• Craft Growers
• Dispensaries
• Processors
• Infusers
The consensus was to potentially allow all of the classes of cannabis business
establishments in the City.
2. Reasonable distinctions may be made between retail (Dispensary), non -retail
commercial (Craft Grower, Infuser), industrial (Processor), and agricultural
(Cultivation Center) uses. The City Council/PZB can to take into account the
external impacts of each CBE classes when considering the appropriate zoning
district, including:
• Parking demand and traffic generation
• Odors and use of industrial chemicals
The consensus was to allow staff to make a recommendation as to each business
use and to recommend a zoning district. The recommendation will go to Planning
Zoning Board first and then to the City Council.
3. If a CBE is classified as a permitted use in a zoning district, it will only be
required to obtain a City Business Registration to locate and open for business.
Requiring a CBE to obtain a conditional use requires a CBE to go through a public
hearing process and obtain approval from the City Council to open. The City
Council could also impose reasonable operating regulations on the CBE as a
condition of granting a conditional use.
The consensus was to make all CBEs a conditional use.
4. The Cannabis Regulation and Tax Act explicitly authorizes municipalities to
regulate the "time, place, manner, and number" of CBEs. Based on this specific
grant of authority, the City can set a fixed number of conditional use approvals
or permits that are available for issue.
The consensus was to establish a numerical cap. The Planning and Zoning Board
should recommend a cap for each business use.
5. The Cannabis Regulations and Tax Act and the amended Compassionate Use
of Medical Cannabis Program Act include only two distance requirements for
CBEs:
• A Dispensary may not be located within 1,500 feet of an existing Dispensary.
• No Cultivation Center may be located closer than 2,500 from the property line
of a pre-existing public or private preschool or elementary or secondary school
Page 11 of 15 09/03/19
(Cont.) or day care center, day care home, group day care home, part day child care
facility, or any area zoned for residential use.
The City may impose local distance requirements as part of a conditional use
approval. These requirements may include separation requirements from other
CBEs or minimum distance requirements from uses "sensitive uses." Regulatory
options include:
• Imposing no additional distance requirements beyond those included in state
Acts;
• Locally reinstating the distance requirements for Dispensaries included in the
original version of the Medical Act;
• Imposing distance requirements that mirror local distance requirements for
taverns or equivalent liquor licenses;
• Devising custom distance requirements for CBEs from a list of uses the
municipality deems to be "sensitive" locations.
The consensus was to impose limitations but allow staff to review what is
reasonable and the Planning and Zoning Board will make a recommendation to
the City Council.
6. Operational conditions:
• Hours of operation on Dispensaries, including limiting their hours of operation
to mirror hours of operation for liquor stores or taverns.
The consensus was to impose more restrictive hours; possibly have different
hours for different business uses and to allow staff and the Planning Zoning Board
to make recommendations.
• Security and Lighting - Given that CBEs will be handling a controlled substance
and, in the case of Dispensaries, large amounts of cash, facility security is a top
concern for many municipalities. CBEs are required by state law to maintain
secure vaults and safes for the storage of cannabis and currency as well as install
extensive security and surveillance systems.
The consensus was that CBEs must meet state regulations and the security
lighting and surveillance systems should be the same as gun shop businesses.
The decision of whether to prohibit or allow with regulation, the "on -premises"
consumption or "social use' of cannabis in private business establishments is left
entirely to the municipality. The Act's only guidance on "social use" is (i)
municipalities may authorize on -premises consumption at either licensed
cannabis businesses or in other designated entities and (ii) such establishments
will not be considered public places under the Smoke Free Illinois Act.
The consensus was to prohibit cannabis consumption on -premise.
In approximately four weeks staff will provide recommendations to the City
Council for review before the recommendations are forwarded to the Planning
Zoning Board.
Page 12 of 15 09/03/19
COMMUNITY SERVICES — Alderman Goczkowski, Chair
CONSIDER Dorothy Wisniewski, Asst. City Manager/Director of Finance reviewed a memo
INTERLOCAL dated August 19, 2019.
AGMT AND
FUNDING FOR During the 2019 Budget deliberations the Des Plaines Senior Center requested a
FY 2020: $50,000 subsidy from the City for the Senior Center programs, of which $50,000
was authorized in the budget. The Des Plaines Community Senior Center serves
Des Plaines seniors through intellectually enriching, socially engaging, and
physically energizing programs and volunteer opportunities.
Typically the Interlocal Agreement is not renewed until January but due to
funding delays from the State of Illinois, the Frisbie Senior Center requested
consideration of an advance subsidy funding in the budgeted amount of $55,000
for the 2020 fiscal year.
Stephen Samuelson, Executive Director of the Frisbie Senior Center, explained
that this is a one-time situation due to timing and is anticipating funds will soon
be released from the State of Illinois.
Moved by Lysakowski, seconded by Brookman, to Approve Interlocal
Agreement and Subsidy Funding in the Amount of $55,000 for the 2020 Fiscal
Year; and further recommend that R-157-19 be approved at the appropriate time
this evening. Upon voice vote, motion carried. Alderman Smith Abstained.
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-156-19, 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-156-19 AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE
PAYMENT FOR SAME. Total: $5,806,816,71. Upon roll call, the vote was:
AYES: 8-Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
APPROVE Moved by Rodd, seconded by Zadrozny to Approve Ordinance M-18-19, AN
REDEVELOPMENT ORDINANCE APPROVING A TAX INCREMENT REDEVELOPMENT
PLAN/ PLAN AND PROJECT FOR THE OAKTON STREET REDEVELOPMENT
PROJECT AREA. Upon voice vote, motion carried.
OAKTON STREET
REDEVELOPMEN
T PROJECT AREA:
Ordinance
M-18-19
APPROVE
DESIGNATION OF
OAKTON STREET
REDEVELOPMENT
PROJECT AREA:
Ordinance
M-19-19
APPROVE
TIF/OAKTON
STREET
REDEVELOPMEN
T PROJECT AREA:
Ordinance
M-20-19
APPROVE CU
AMENDMENT/
SALE OF ADDT'L
VEHICLES
CUMBERLAND
AUTO/
410 NORTHWEST
HWY:
Ordinance
Z-23-19
APPROVE
TENTATIVE PLAT
OF SUBDIVISION
AND VARIATIONS/
2282 EASTVIEW
DRIVE:
Ordinance
Z-24-19
Page 13 of 15 09/03/19
Moved by Rodd, seconded by Zadrozny to Approve Ordinance M-19-19, AN
ORDINANCE DESIGNATING THE OAKTON STREET REDEVELOPMENT
PROJECT AREA PURSUANT TO THE TAX INCREMENT ALLOCATION
REDEVELOPMENT ACT. Upon voice vote, motion carried.
Moved by Rodd, seconded by Zadrozny to Approve Ordinance M-20-19, AN
ORDINANCE ADOPTING TAX INCREMENT ALLOCATION FINANCING
FOR THE OAKTON STREET REDEVELOPMENT PROJECT AREA. Upon
voice vote, motion carried.
Moved by Rodd, seconded by Zadrozny to Approve Ordinance Z-23-19, AN
ORDINANCE AMENDING ORDINANCE Z-21-02 WHICH APPROVED A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AT 410
NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS (CASE #19 -031 -CU).
Upon voice vote, motion carried.
Moved by Rodd, seconded by Brookman to Approve Ordinance Z-24-19, AN
ORDINANCE APPROVING A TENTATIVE PLAT OF SUBDIVISION AND
MAJOR VARIATIONS FROM SECTION 12-3-6 OF THE CITY OF
DES PLAINES ZONING ORDINANCE AT 2282 EASTVIEW DRIVE,
DES PLAINES, ILLINOIS (CASE #19 -041 -SUB -V). Upon voice vote, motion
carried.
APPROVE MAJOR Moved by Rodd, seconded by Zadrozny to Approve, as amended, Ordinance
PUD AMENDMENT Z-25-19, AN ORDINANCE APPROVING A MAJOR AMENDMENT TO
TO ALLOW FOR
ONE CONDITION
AMENDMENT TO
ORD. Z-25-18
ASSOC. WITH 150
N EAST RIVER
ROAD:
Ordinance
Z-25-19
Page 14 of 15 09/03/19
ORDINANCE Z-25-18 REGARDING THE CONDITIONS OF OCCUPANCY
FOR THE PROPERTY LOCATED AT 150 N EAST RIVER ROAD,
DES PLAINES, ILLINOIS (CASE #19 -053 -PUD). Upon voice vote, motion
carried.
APPROVE Moved by Brookman, seconded by Chester, without objection to defer Ordinance
AMENDMENTS TO M-8-19, Amending Title 4 and Title 6 of the City Code Regarding Video Gaming
CITY CODE/ to the October 21, 2019 City Council meeting.
VIDEO GAMING:
Ordinance
M-8-19
APPROVE
AMENDEMENTS
TO CITY CODE/
COUNCIL
PROCEDURES:
Ordinance
M-17-19
APPROVE
INTERLOCAL
AGMT AND
FUNDING FOR
FY 2020:
ADJOURNMENT:
Moved by Brookman, seconded by Chester, without objection to table Ordinance
M-17-19 Amending City Code Related to Council Procedures.
Moved by Goczkowski, seconded by Zadrozny to approve Resolution R-157-19,
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE DES PLAINES PARK DISTRICT AND THE DES PLAINES
COMMUNITY SENIOR CENTER FOR THE PROVISION OF FUNDING FOR
SERVICES. Upon roll call the vote was:
AYES: 7-Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Goczkowski
NAYS: 0 -None
ABSENT: 0 -None
ABSTAIN: 1 -Smith
Motion declared carried.
Moved by Chester, seconded by Brookman, to adjourn the meeting. Motion
declared carried. The meeting adjourned at 9:48 p.m.
Page 15 of 15 09/03/19
4
Laura Fast — DEPUTY CITY CLERK
APPROVED BY ME THIS / 764