Loading...
10/07/2019MINUTES 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, OCTOBER 7, 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 6:32 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, October 7, 2019. ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd, Zadrozny, Brookman, Chester, Smith, Goczkowski. A quorum was present. CLOSED SESSION: Moved by Rodd, seconded by Zadrozny to enter into Closed Session to discuss Property Acquisition. Upon roll call, the vote was: AYES: 8-Lysakowski, Moylan, Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski NAYS: 0 -None ABSENT: 0 -None Motion declared unanimously carried. The City Council recessed at 6:33 p.m. The City Council re -convened at 7:03 p.m. 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 PLEDGE: The prayer was offered by Deputy City Clerk Fast, 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 Police Officers Alex Bandas, CEREMONY: Joseph Birholtz, Victor Cieslak, Jonathon Cirone, Brian Dillon, Jessica Garcia, Steven Hammar, Reyler Leon and welcomed them to the Police Department. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, MONDAY, OCTOBER 7, 2019 PUBLIC HEARING/ Mayor Bogusz called the Community Development Block Grant (CDBG) CDBG Amendment to Plans Public Hearing to order at 7:09 p.m. AMDENDMENT TO PLANS: The Consolidated Plan is a comprehensive five-year planning document that identifies the overall housing and community development needs of the City outlining available programs and resources, and establishes a strategy for prioritizing and addressing these needs. The functions of the Consolidated Plan (Cont.) Page 2 of 9 10/07/19 are to create a planning document that builds upon a participatory process, to apply for federal funding under HUD's formula grant programs, to establish strategies to follow while implementing HUD -funded projects, and to create an Action Plan that provides the basis for annual assessments of the City's performance. When the 2015-2019 Consolidated Plan was first adopted, an amount of over $600,000 of funds had accumulated from previous program years. In order to spend all this accumulated funds, staff planned public infrastructure and public facility improvement projects to be completed through all five years of the Consolidated Plan. The City was successful in spending down these funds through PY2017. The City did not allocate CDBG funds toward public infrastructure in low- and moderate - income areas as such for PY2018 and PY2019. Staff is proposing a substantial amendment to the 2015-19 Consolidated Plan and PY2018 Action Plan to show the above changes. No substantial amendment is necessary for the PY2019 Action Plan due to the fact that no accumulated funds were budgeted for public infrastructure/public facility improvements. Additionally, staff is requesting to remove the Public Participation Plan from the Appendix of the 2015-2019 Consolidated Plan and have stand as separate document titled Citizen Participation Plan, to simplify future revision adoption procedure. Furthermore, the staff is proposing comprehensive revisions and reorganization of a current Public Participation Plan. In accordance with the City's current Public Participation Plan, all substantial amendments to the CDBG Consolidated and Action Plan must be approved by the City Council. The City published a legal notice for substantial amendment in Des Plaines Journal and Topics on September 4, 2019 for public comment. Without public comment, the Public Hearing was adjourned at 7:10 p.m. CITIZEN Resident Heather Armstrong requested more police presence during the busy PARTICIPATION: commute hours to ensure pedestrians do not cross the railroad tracks when a train is approaching. CONSENT AGENDA: Resident Garland Armstrong commended the Des Plaines Park District on their glow -in -the -dark golf event. Resident Serbin expressed his frustration with the Cumberland Circle project. Resident Paul Giambeluca expressed his appreciation to the Des Plaines Police Department for the compassion and professionalism individuals showed to his family during their time of need. Moved by Rodd, seconded by Zadrozny, to establish the Consent Agenda. Motion declared unanimously carried. (Cont.) APPROVE POTABLE GROUNDWATER USE RESTRICTION/ 819 S. ELMHURST ROAD: Consent Agenda Ordinance M-23-19 APPROVE COOK COUNTY AGMT/ OAKTON STREET SIDEPATH PROJECT: Consent Agenda Resolution R-153-19 SECOND READING/ LIQUOR LICENSE/ 1900 TOUHY AVE: Consent Agenda Ordinance M-21-19 SECOND READING DISPOSITION OF SURPLUS PROPERTY: Consent Agenda Ordinance M-22-19 Page 3 of 9 10/07/19 Moved by Rodd, seconded Zadrozny, 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; Ordinance M-23-19 and Resolution R-153-19 were approved; M-21-19, M-22-19, Z-27-19, Z-28-19 were adopted. Moved by Rodd, seconded by Zadrozny, to Approve Ordinance M-23-19, AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD AT 819 SOUTH ELHMHURST ROAD IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-153-19, A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF COOK IN CONNECTION WITH THE OAKTON STREET SIDEPATH PROJECT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to Approve Ordinance M-21-19, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "A" LIQUOR LICENSE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to Approve Ordinance M-22-19, AN ORDINANCE AUTHORIZING THE DISPOSITION OF SURPLUS PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. SECOND READING MAJOR VARIATIONS/ WALL SIGNS/ 877 ELMHURST ROAD: Consent Agenda Ordinance Z-27-19 SECOND READING MAP AMENDMENT AND MAJOR VARIATIONS/ 1475 OAKTON STREET: Consent Agenda Ordinance Z-28-19 APPROVE MINUTES: Consent Agenda WARRANT REGISTER: CONSIDER VARIANCES/SHED 1784 EVERETT AVENUE: Page 4 of 9 10/07/19 Moved by Rodd, seconded by Zadrozny, to Approve Ordinance Z-27-19, AN ORDINANCE APPROVING MAJOR VARIATIONS FROM SECTIONS 12- 11-E.0 AND 12-11-6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE INSTALLATION OF THREE WALL SIGNS AT 877 ELMHURST ROAD, DES PLAINES, ILLINOIS (CASE #19-045-V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to Approve Ordinance Z-28-19, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT AND MAJOR VARIATIONS AT 1475 OAKTON STREET. DES PLAINES, ILLINOIS CASE #19 -048 -V -MAP). Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to approve the Minutes of the City Council meeting of September 16, 2019, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to approve the Minutes of the Closed Session of the City Council meeting of September 16, 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 Zadrozny, seconded by Brookman, to recommend to the City Council approval of the October 7, 2019 — Warrant Register in the Amount of $7,533,931.86 and further recommend that Resolution R-165-19 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 September 16, 2019. (Cont.) CONSIDER AMENDMENT CITY CODE/ CONSTRUCTION: Page 5 of 9 10/07/19 The petitioner, Kristin Michalak, is requesting several Major Variations to allow a shed to remain in its current location which is located in the corner side yard, a side yard setback of less than five -feet, a rear yard setback of less than five -feet, and a rear yard coverage that exceeds 60% in the R-1 Zoning District located at 1784 Everett Avenue. The 150 -square foot shed was installed without a permit and is the subject of this request. The Planning and Zoning Board recommended (5-1) that the City Council approve the request without conditions. Staff does not recommend approval of the requested variations. Discussion took place regarding the conditions of the variation for the shed. The consensus of the committee was to add the following amendment to the presented ordinance: 1. The shed may only be used to store holiday decorations. 2. The owner must remove the shed from the property prior to transferring ownership of the property. 3. Upon the transfer of the Property to a new owner, the approvals granted in this Ordinance shall automatically become null and void. Moved by Chester, seconded by Brookman to approve, as amended, to allow a Shed at 1784 Everett Avenue; and further recommend to approve Ordinance Z-29-19 at the appropriate time this evening. Upon hand vote, motion declared carried. BUILDING CODE — Alderman Zadrozny, Chair Director of Community and Economic Development Mike McMahon reviewed the Building Division staff proposed changes to the City Code. Fee Schedule 1. Section 10-13-2: PLAN REVIEW FEES: • Third -Party Plan Review Fees. For One -and Two -Family Dwellings and Townhomes, all interior alterations are defined as alterations to two or more rooms in one residential dwelling unit. • Interior Alterations. When the Building Department sends plans to a third -party for plan review, the applicant will be required to pay the cost above the normal plan review fee. • Multi -Family Buildings: For all construction and/or interior alterations to a single dwelling unit in a condominium or apartment building, a new permit category has been added. This new plan review fee will be $100. 2. Section 10-13-3: FEES FOR PERMITS AND INSPECTIONS: • HVAC: The HVAC language has been clarified that the permit fee is per HVAC unit and reduced to $75. • Re -inspections Fees: When re -inspections are required beyond the inspections built into the building permit, a re -inspection fee of $50 will be charged per re -inspections. (Cont.) CONSIDER AMENDMENTS/ CITY CODE/FIRE AND AMBULANCE SERVICE & FEES: Page 6 of 9 10/07/19 • Local Public Entities and Nonprofit Organizations: For nonprofit organizations, the permit fees are 20% of the standard permit fee. There is no charge for initial inspections and a $50 charge for re -inspections. • Local Public Entities and Nonprofit Organizations: For nonprofit organizations, there is no charge for plan review for projects under $500,000 in construction value. Projects over $500,000 in construction value are subject to the Commercial, Industrial and Multi -Family Buildings section of the Plan Review Table in Section 10-13-2. The Community & Economic Development Director may waive the plan review fee upon written request. • Local Public Entities and Nonprofit Organizations: There is no charge to local public entities and nonprofit organizations for the backflow administrative fee. Staff recommended approval of Ordinance M-24-19 Moved by Lysakowski, seconded by Chester to approve Amendments to the Des Plaines City Code Title 10, "Construction Regulations: Chapter 13, "Construction Regulations Fee Schedule"; and further recommended to approve Ordinance M-24-19 at the appropriate time this evening. Upon voice vote, motion declared carried. PUBLIC SAFETY— Alderman Lysakowski„ Chair Fire Chief Wax explained that the City charges a fee for ambulance service to help offset the costs of providing the services. If the patient is not transported to a hospital, however, there are no costs recovered. The Des Plaines fees have not changed since 2016, despite costs increasing, and are below the fees in the market among our neighbors. Changes in the ambulance fees and the creation of a lift/movement assist fee are proposed. For Des Plaines residents, any amounts not covered by insurance/Medicare/Medicaid are waived and there are no out-of-pocket costs, with the payment of local taxes being considered to cover co -pays and deductibles. These are the same fees charged by the North Maine Fire Protection District and the Park Ridge Fire Department. This was required in order to be able to legally charge each others' residents the resident rates instead of non- resident rates when the fire departments provide back-up ambulance service to each other. It also allows for out-of-pocket costs to the patients to be waived in the same circumstances. The rates established for Des Plaines, North Maine, and Park Ridge were identical to those charged by Morton Grove, Niles, and Skokie because of similar agreements between North Maine and Niles and between Niles, Morton Grove, and Skokie. Recently, the fire chiefs of the six departments met and agreed to seek an increase in the fees to match those of our neighbors. Thus, we propose the flat -rate of $1,500 for each ambulance call, with a continued charge of $15 per mile. The insurance companies/Medicare/Medicaid will pay their respective maximums, and any amounts above those paid would be waived for residents. The proposed (Cont.) Page 7 of 9 10/07/19 rate change will take effect on December 1, 2019 to allow time for all six agencies to adopt and implement the changes. Another issue the Department experiences frequently is a request for an ambulance to evaluate a patient but then the patient refuses to be taken to a hospital after the medical assessment is conducted and, often, after treatment has been rendered. Currently in such cases, because there is no patient transport, there is no patient charge. The proposed fee for the Department to provide patient evaluation and/or treatment services without transporting the patient to be a flat $250. Lift Assist Fees: Although the Fire Department is set-up to be an emergency response organization, many residents rely on the Fire Department to assist them in their homes in non -emergency situations. Staff seeks to implement a fee for lift -assists, similar to the false fire alarm fee, in an effort to discourage the use of the emergency -response services for non -emergency situations and recommended the approval of a lift -assist fee pursuant to the proposed schedule, effective January 1, 2020. The proposed fee schedule is as follows: • Lift -Assist Responses 1-6: No Charge • Lift -Assist Responses 7-9: $100 • Lift -Assist Responses 10-12: $150 • Lift -Assist Responses 13-15: $200 • Lift -Assist Responses 16-18: $250 • Lift -Assist Responses 19-21: $300 • Lift -Assist Responses 22-24: $350 • Lift -Assist Responses over 24: $400 Staff recommended the proposed changes and noted that there will be no out-of- pocket costs to Des Plaines residents under the proposed fee -changes. Staff was directed to pursue an intergovernmental agreement with the six communities to treat all residents the same regardless of where the medical assistance takes place. Moved by Moylan, seconded by Rodd to approve Amendments to the Des Plaines City Code Title 3, "Municipal Departments", Chapter 3, "Fire Department", Section 8, "Fire & Ambulance Service", Subsections B&C, "Ambulance Fee" and "Lift Assist Fee"; and further recommend to approve Ordinance M-25-19 at the appropriate time this evening. Upon voice vote, motion declared carried. COMMUNITY SERVICES— Alderman Goczkowski, Chair CONSIDER Discussion was held regarding the possibility of relocating the Taste of RELOCATING Des Plaines from the downtown location to a different site within the City. TASTE OF Complaints have been received regarding the noise, increased traffic and business DES PLAINES: owners in the area who believe the event is deterring customers from their business. Page 8 of 9 10/07/19 (Cont.) Staff was directed to contact Maryville and the Des Plaines Park District to find out if their property is available to host the Taste of Des Plaines. UNFINISHED BUSINESS: SECOND READING/ Z-26-19/ 1275 LEE STREET: NEW BUSINESS: WARRANT REGISTER: Resolution R-165-19 APPROVE MAJOR VARIATION/ 1784 EVERETT AVENUE: Ordinance Z-29-19 APPROVE AMENDMENTS TO CITY CODE TITLE 10, CH 13: Moved by Brookman, seconded by Chester to approve Amending Ordinance Z- 32-18Which Approved a Conditional Use Permit for the Operation of a Motor Vehicle Sales Auto Service Repair, and Auto Body Repair Establishment in the C-3 Zoning District at 1275 Lee Street, Des Plaines, Illinois. 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. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION Moved by Chester, seconded by Zadrozny, to concur with recommendation of Committee of the Whole to adopt Resolution R-165-19, 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: $7,533,931.86. 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. Moved by Rodd, seconded by Chester to Approve Ordinance Z-29-19, AN ORDINANCE APPROVING A MAJOR VARIATIONS OF THE CITY OF DES PLAINES ZONING ORDINANCE FOR A SHED AT 1784 EVERETT AVENUE, DES PLAINES, ILLINOIS (CASE#1-050-V). Upon voice vote, motion declared carried. Moved by Zadrozny, seconded by Chester to Approve Ordinance M-24-19, AN ORDINANCE AMENDING TITLE 10 OF THE DES PLAINES CITY CODE REGARDING PLAN REVIEW AND PERMIT FEES. Upon voice vote, motion declared carried. Ordinance M-24-19 APPROVE AMENDMENTS TO CITY CODE TITLE 3, CH 3:: Ordinance M-25-19 ADJOURNMENT: Page 9 of 9 10/07/19 Moved by Zadrozny, seconded by Chester to Advance to Second Reading and Adopt Ordinance M-24-19, AN ORDINANCE AMENDING TITLE 10 OF THE DES PLAINES CITY CODE REGARDING PLAN REVIEW AND PERMIT FEES. 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. Moved by Lysakowski, seconded by Chester to Approve Ordinance M-25-19, AN ORDINANCE AMENDING SECTION 3-3-8 OF THE DES PLAINES CITY CODE REGARDING FEES FOR AMBULANCE AND OTHER FIRE DEPARTMENT SERVICES. Upon voice vote, motion declared carried. Moved by Rodd, seconded by Zadrozny, to adjourn the meeting. Motion declared carried. The meeting adjourned at 8:30 p.m. APPROVED BY ME THIS Z-Si- 'i/1a4cis Lau r Fast — DEPUTY CITY CLERK