11/18/2019CALL 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,
NOVEMBER 18, 2019
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Mayor Bogusz at 6:32 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, November 18, 2019.
Roll call indicated the following Aldermen present: Rodd, Zadrozny, Chester,
Smith, Goczkowski. Absent: Lysakowski, Moylan, Brookman. A quorum was
present.
CLOSED SESSION: Moved by Zadrozny, seconded by Rodd to enter into Closed Session to discuss
Probable or Imminent Litigation and Personnel. Upon roll call, the vote was:
AYES: 5 -Rodd, Zadrozny, Chester
Smith, Goczkowski
NAYS: 0 -None
ABSENT: 3-Lysakowski, Moylan, Brookman
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: Rodd, Zadrozny, Chester,
Smith, Goczkowski. Absent: Lysakowski, Moylan, Brookman. 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 Deputy Dyer, Director of Public Safety Kushner, and General Counsel Friedman.
PRAYER AND The prayer was offered by Reverend Eccles of St. Martin's Church, followed by
PLEDGE: the Pledge of Allegiance to the Flag of the United States of America.
PUBLIC HEARING/
PROPOSED 2019
PROPERTY TAX
LEVY:
MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR
ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES
CIVIC CENTER, MONDAY, NOVEMBER 18, 2019
Mayor Bogusz called the Proposed 2019 Property Tax Levy Public Hearing to
order at 7:05 p.m.
Assistant City Manager/Director of Finance Wisniewski explained that each year
the City complies with the Illinois Truth in Taxation Act (ITTA) requirements as
it pertains to the issuance of the property tax levy. The ITTA requires the City to
provide notice and conduct a public hearing if the proposed aggregate levy is 5%
or more than the previous year's property tax extension.
(Cont.)
CITIZEN
PARTICIPATION:
CONSENT
AGENDA:
APPROVE COOK
COUNTY
PROGRAM/APPLE
CREEK LANE
RIGHT-OF-WAY:
Consent Agenda
Resolution
R-188-19
AWARD BID/LED
MINER STREET
LIGHTING/
H&H ELECTRIC:
Consent Agenda
Page 2 of 10 11/18/19
Since the 2019 estimated aggregate levy is below the 2018 property tax
extension; a 2.91% decrease, the City is not required to publish a legal notice and
hold a public hearing. However, staff recommended publishing a legal notice and
holding a public hearing.
Without public comment, the Public Hearing was adjourned at 7:06 p.m.
Resident Garland Armstrong expressed his concern regarding the traffic at
Cumberland Circle.
Resident Wayne Serbin expressed that he does not support the Taste of
Des Plaines if the fest does not produce a profit.
Resident Dan Guillespie requested speed monitoring on Oakwood Avenue.
Resident Alexander Coologeorgen requested information on the City's budget.
Without objection, the reading of the Consent Agenda was waived.
Moved by Rodd, seconded by Zadrozny, to establish the Consent Agenda.
Motion declared unanimously carried.
Moved by Zadrozny, seconded Rodd, to approve the Consent Agenda. Upon roll
call, the vote was:
AYES: 5 -Rodd, Zadrozny, Chester
Smith, Goczkowski
NAYS: 0 -None
ABSENT: 3-Lysakowski, Moylan, Brookman
Motion declared carried.
Minutes were approved; Ordinance M-43-19 was adopted. Resolutions
R-188-19, R-189-19, R-190-19, R-191-19, R-194-19 were approved.
Moved by Zadrozny, seconded by Rodd, to Approve Resolution R-188-19, A
RESOLUTION APPROVING PARTICIPATION IN THE 2020 NO CASH BID
PROGRAM WITH THE COOK COUNTY DEPARTMENT OF PLANNING
AND DEVELOPMENT ECONOMIC DEVELOPMENT DIVISION. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Zadrozny, seconded by Rodd, to Approve Resolution R-189-19, A
RESOLUTION AUTHORIZING ADDITIONAL EXPENDITURES UNDER A
CONTRACT WITH H&H ELECTRIC COMPANY FOR THE
PERFORMANCE OF LED STREETLIGHT IMPROVEMENTS ALONG THE
MINER STREET CORRIDOR FROM H&H ELECTRIC. Motion declared
carried as approved unanimously under Consent Agenda.
(Cont.)
Resolution
R-189-19
APPROVE
PARKING
ENFORECEMENT
AGMT/
SAHIL GRILL/
1062 LEE STREET:
Consent Agenda
Resolution
R-190-19
APPROVE
MICROSOFT
ENTERPRISE
AGMT/CDW
GOVERNMENT:
Consent Agenda
Resolution
R-191-19
AUTHORIZE
PURCHASE/
1738 HAWTHORNE
TERRACE:
Consent Agenda
Resolution
R-194-19
APPROVE
MINUTES:
Consent Agenda
WARRANT
REGISTER:
Page 3 of 10 11/18/19
Moved by Zadrozny, seconded by Rodd, to Approve Resolution R-190-19, A
RESOLUTION APPROVING AN AGREEMENT WITH S&S BANQUETS,
INC FOR THE ENFORCEMENT OF PARKING REGULATIONS IN THE
PARKING AREA LOCATED AT 1062 LEE STREET. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Zadrozny, seconded by Rodd, to Approve Resolution R-191-19, A
RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS UNDER
AN AGREEMENT WITH CDW GOVERNMENT, INC. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Zadrozny, seconded by Rodd, to Approve Resolution R-194-19, A
RESOLUTION APPROVING THE PURCHASE OF THE PROPERTY
LOCATED AT 1738 HAWTHORNE TERRACE, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Zadrozny, seconded by Rodd, to approve the Minutes of the City
Council meeting of November 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 Chester, Chairman
Alderman Chester presented the Warrant Register for consideration.
Moved by Rodd, seconded by Goczkowski, to recommend to the City Council
approval of the November 18, 2019 — Warrant Register in the Amount of
$6,629,083.37 and further recommend that Resolution R-192-19 be adopted at
appropriate time this evening. Upon voice vote, motion declared carried
CONSIDER 2020
BUDGET:
CONSIDER 2019
PROPERTY TAX
LEVY
ORDINANCE:
CONSIDER
ELIMINATING
VEHICLE
LICENSES AND
AMENDING THE
CITY MOTOR
FUEL TAX:
Page 4 of 10 11/18/19
Assistant City Manager/Director of Finance Wisniewski explained that the
City Council held two budget hearings over the 2020 Proposed Budget document.
The first meeting was held on October 10th and the discussion covered the review
of the General Fund. The second Budget meeting was held on October 16th to
review the Non -General Funds within the Budget document. The City Council
achieved a consensus on additional changes to be included as part of the 2020
Final Budget document. The Fiscal Year 2020 annual budget totals $172.1M,
excluding transfers, or a $6.3M, 3.8% increase over the 2019 Budget. The vast
majority of this increase is due to the budgeted amount for the Civic Center
Parking Garage out of TIF#1 and Facilities Replacement fund as a continuation
of the planned facilities project. Principal and interest expenses for the City's
outstanding debt for the 2020 fiscal year are budgeted at $4.4M. All of the debt
service is within the City's Tax Increment Financing (TIF) funds.
Moved by Rodd, seconded by Smith, to recommend to the City Council approval
of the 2020 Budget and further recommend that Resolution R-193-19 be adopted
at appropriate time this evening. Upon voice vote, motion declared carried
Assistant City Manager/Director of Finance Wisniewski explained that Section
18-15 of the Illinois Property Tax Code requires that the City adopt a tax levy
ordinance and file it with the County Clerk's office by the last Tuesday in
December 24, 2019.
The 2019 Tax Levy, which includes the general fund, police and fire pension
funds, public library fund, and bond & interest fund, totals $30,589,150. This
represents a decrease of $917,675, or -2.91 % from the 2018 Property Tax
Extension.
Moved by Goczkowski, seconded by Zadrozny, to recommend to the City
Council approval of the 2019 Property Tax Levy and further recommend that
Ordinance M-45-19 be adopted at appropriate time this evening. Upon voice
vote, motion declared carried.
Chairman Chester requested information pertaining to the current vehicle sticker
program. Assistant City Manager/Director of Finance Wisniewski reviewed a
memorandum dated November 6, 2019.
Annual vehicle sticker revenue generates approximately $1.3M average in sales
of stickers and $140K in citations from non-compliance fines and is accounted
for in the General Fund. The revenue generated from the sale of the vehicle
stickers is used to support the cost of the program as well as part of the $3.7M
expenditures of the Street Maintenance Division within the Public Works and
Engineering Department.
This annual program is administered primarily by the Finance Department at a
total cost of approximately $212K. In reviewing the details of the cost to
administer the program, $136K of that amount is really an opportunity cost for
the City as it covers mainly salaries of the finance and police department
employees which would be reallocated to other functions of both departments.
CONSIDER PUD
AND FINAL PLAT
OF
SUBDIVISION/930,
946, 970 NORTH
AVENUE:
Page 5 of 10 11/18/19
The City currently has an agreement with Third Millennium to provide the
software, mailing and fulfilment of the vehicle stickers. The current contract with
Third Millennium requires a written notice at least 60 days prior to the agreement
anniversary of February 5th for any cancelations or changes made to the program
which means a decision will need to be made by December 5, 2019.
Assistant City Manager/Director of Finance Wisniewski provided possible
revenue sources to supplement the $1.2M in revenues:
• Home Rule Sales Tax: A 0.25% increase would generate approximately
$1.2M in revenues.
• Property Tax Levy: A 4.90% Property Tax increase.
• Food and Beverage Tax: A 1% Food and Beverage Tax increase.
• Local Option Gas Tax: Recently the State of Illinois enacted Public Act
101-0032 which allows non -home rule municipalities to collect $0.03 per
gallon tax on the sale of motor fuel. Currently, the City charges $0.04 on
the sale of motor fuel which generates approximately $1.7M in local
option gas tax to the City. Should the City consider an increase of $0.03,
additional revenue of $1.3M could be generated.
Based on prior discussions over vehicle stickers, the City requested a survey in
May 2018 through the Northwest Municipal Conference regarding general
information around vehicle licensing and the possible elimination of vehicle
licensing. Based on the 24 communities that responded to this survey, 12
communities eliminated the vehicle sticker program and replaced it with an
alternative source of revenue.
Should the City Council reach a consensus to eliminate the vehicle sticker
program, staff recommended that a replacement revenue be authorized to offset
the current costs. Of the four proposed revenue options, the local option gas tax
appears to be the most viable.
Moved by Rodd, seconded by Zadrozny, to recommend to the City Council
approval Eliminating Vehicle Licenses and Amending the City Motor Fuel Tax
and further recommend that Ordinances M-46-19 and M-37-19 be adopted at
appropriate time this evening. Upon voice vote, motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Rodd, Chair
Mayor Bogusz stated there is an error on the agenda. A Map Amendment was
previously approved for 930, 946, 970 North Avenue and is not up for
consideration this evening.
Director of Community and Economic Development McMahon reviewed a
memorandum dated October 29, 2019.
The petitioner, Daniel Pontarelli, is requesting a Final Planned Unit Development
(PUD) for the Blue Sky Residence under Section 12-3-5 of the 1998 City of
(Cont.)
Page 6 of 10 11/18/19
Des Plaines Zoning Ordinance, as amended, and a Final Plat of Subdivision,
under Section 13-2 of the Subdivision Regulations of the City of Des Plaines
Municipal Code.
The petitioner received Preliminary Planned Unit Development approval from
City Council on November 5, 2018 through Ordinance Z-30-18. Per this
ordinance and Section 12-3-5 D.3, the petitioner is required to submit the Final
Planned Unit Development Plat within 180 days of such approval. The Final
Planned Unit Development Plat was completed and submitted to the Community
and Economic Development Department on March 15, 2019. There were several
rounds of review and comments between the City and the petitioner's design team
to ensure that all codes and regulations have been satisfied.
City staff reviewed the Final Planned Unit Development Plat and finds that this
plat conforms to the preliminary land use and improvements as shown on the
Preliminary Planned Unit Development Plat.
The petitioner has submitted a Final Plat of Subdivision in order to consolidate
the six existing lots into one new lot of record to reflect the redevelopment of this
property. The proposed plat shows easements for public utilities and stormwater
management around the perimeter and throughout the site that exceeds the
easement requirements in the Subdivision Ordinance. The Final Plat of
Subdivision is in substantial compliance with the Tentative Plat of Subdivision.
As part of the Subdivision Ordinance, Chapter 4 identifies a requirement to either
dedicate part of the land for a residential project with 15 or more units or pay an
impact fee due to the new residents generated from the subject development. The
petitioner has requested an impact fee be applied to this development versus
donating land to the Des Plaines Park District. Based on the land value of
$200,000 per acre and 67 one -bedroom apartments to be constructed on the site,
the proposed impact fee yielded a total of $129,560.60. However, according to
Subdivision Ordinance Section 13-4-2.E, a credit can be provided to the impact
fee when a development provides a high degree of recreational amenity space
within the development. A credit of $25,004.58 has been applied to the park
district impact fee due to the outside amenity space which reduces the total
payment to $104,559.92. The Des Plaines Park District was consulted on the
requested credit and found the credit and park district impact suitable.
The Planning and Zoning Board met on October 22, 2019, to consider the
requests. The Planning and Zoning Board recommended (5-1) that the City
Council approve the requests with an additional condition that barriers be added
to the south and west of the circular driveway to ensure that vehicles do not enter
into the neighboring property.
Staff recommended approval of Z-30-19 with six conditions of approval
including one new condition that traffic safety barriers shall be proposed
southwest of the circular driveway and approved by the Director of Public Works
and Engineering to prevent vehicles from entering the property at
916 North Avenue.
CONSIDER CITY
CODE
AMENDMENTS/
CANNABIS
BUSINESS
ESTABLISHMENTS
Page 7 of 10 11/18/19
Moved by Zadrozny, seconded by Chester, to recommend to the City Council
approval of a Final Planned Unit Development and Final Plat of Subdivision at
930, 946, and 970 North Avenue, Case #19-066-FSUB-FPUD and further
recommend that Ordinance Z-30-19 be adopted at appropriate time this evening.
Upon voice vote, motion declared carried.
LEGAL & LICENSING — Alderman Smith, Vice Chair
The Cannabis Regulation and Tax Act, Public Act 101-0027, will allow the
establishment and operation of various classes of cannabis business
establishments serving the adult -use recreational cannabis market starting on
January 1, 2020, subject to local zoning approval and regulation.
Director of Community and Economic Development McMahon reviewed a
memorandum dated October 30, 2019.
The City of Des Plaines is requesting Text Amendments to the following sections
of the 1998 Des Plaines Zoning Code, as amended: (i) Section 12-7-3.K. to omit
"Medical Cannabis Dispensing Organization" from the C-2 and C-4 districts and
adding "Cannabis Dispensary" as a conditional use to the C-3 and C-4 zoning
district with certain restrictions; (ii) Section 12-7-4.G. to omit "Medical Cannabis
Cultivation Center" as a permitted use in the M-2 zoning district, omit "Medical
Cannabis Dispensing Organization" as a conditional use in the M-1 and M-2
zoning districts, and to add the following land uses as a conditional use in the M-
2 district: "Cannabis Cultivation Center", "Cannabis Dispensary", "Cannabis
Craft Grower", "Cannabis Processor" and "Cannabis Infuser"; (iii) Sections 12-
8-13 and Section 12-8-14, to omit the regulations for Medical Cannabis
Dispensing Organizations and Medical Cannabis Dispensing Organizations and
to create a new section entitled, Cannabis Business Establishments with
additional regulations; (iv) to add off street parking regulations for Cannabis
Business Establishments to Section 12-9-7; and (v) Section 12-13- 3, Definitions,
to add the following definitions: "Cannabis Business Establishment", "Cannabis
Cultivation Center", "Cannabis Dispensary", "Cannabis Craft Grower",
"Cannabis Processor" and "Cannabis Infuser" amending the definition of
"Alternative Tobacco Establishments" to update references to Cannabis Business
Establishments, and omitting the definitions of "Medical Cannabis Cultivation
Center" and "Medical Cannabis Dispensing Organization".
Cannabis business establishments (CBE), including cultivation centers, craft
growers, dispensaries, infusers, and processors will only be allowed as
conditional uses. Every business seeking to open a CBE within the City of
Des Plaines will be required to undergo a public hearing before the Planning and
Zoning Board and obtain approval from the Des Plaines City Council. This will
ensure that the potential impacts of each proposed CBE are thoroughly vetted
including traffic generation, facility size and any other secondary impacts.
Moreover, staff is recommending the City take a regulation found in Cannabis
Regulation and Tax Act one step further by implementing a 1,500 foot separation
requirement between any class of cannabis business establishment to any other
Page 8 of 10 11/18/19
cannabis business establishment. However, a cannabis business establishment
owner may be able to operate a combination of uses within the same physical
building unit, as permitted by State Statute.
Each cannabis use identified under a cannabis business establishment owner
desires to operate would require a public hearing and City Council approval.
Finally, cannabis cultivation centers are still required to be no less than 2,500 feet
from schools and day care centers.
The Planning and Zoning Board met on October 22, 2019. The Community and
Economic Development Staff reviewed the proposed text amendments regarding
cannabis business establishments and mentioned that the proposed amendments
were based on a series of conversations at City Council meetings that took place
earlier in 2019. The proposed text amendments are also in response to new
legislation regarding cannabis passed by the State of Illinois. No one from the
public spoke in either opposition or support for the proposed amendments. The
Planning and Zoning Board recommended (4-2) that the City Council approve
the proposed amendments, but with the addition of adding a 500 foot buffer
around all schools, commercial child care facilities and religious institutions for
all cannabis business establishments.
Moved by Goczkowski, seconded by Rodd, to recommend to the City Council
approval of Amendments to the Des Plaines Zoning Ordinance, As Amended,
regarding Regulations on Cannabis Business Establishments and further
recommend that Ordinance Z-31-19 be adopted at appropriate time this evening.
Upon voice vote, motion declared carried.
UNFINISHED
BUSINESS:
SECOND READING Moved by Rodd, seconded by Zadrozny, to recommend to the City Council
ORD. M-17-19: approval of Amendments to the City Code related to Coucil Procedures. Upon
roll call, the vote was:
AYES: 5 -Rodd, Zadrozny, Smith
Goczkowski, Bogusz
NAYS: 1 -Chester
ABSENT: 3-Lysakowski, Moylan, Brookman
Motion declared carried.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
BACK IN REGULAR SESSION
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-192-19
APPROVE 2020
BUDGET:
Resolution
R-193-19
APPROVE 2019
PROPERTY TAX
LEVY
ORDINANCE:
Ordinance
M-45-19
APPROVE
AMENDMENT/
VEHICLE
LICENSES:
Ordinance
M-46-19
APPROVE
AMENDMENT/
CITY MOTOR
FUEL TAX:
Ordinance
M-47-19
APPROVE
PUD/FINAL PLAT
OF SUBDIVISION/
930, 946, 970
NORTH AVENUE:
Page 9 of 10 11/18/19
Moved by Chester, seconded by Rodd, to concur with recommendation of
Committee of the Whole to adopt Resolution R-192-19, 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: $6,629,083.37. Upon roll call, the vote was:
AYES: 5 -Rodd, Zadrozny, Chester
Smith, Goczkowski
NAYS: 0 -None
ABSENT: 3-Lysakowski, Moylan, Brookman
Motion declared carried.
Moved by Chester, seconded by Smith to Approve Resolution R-193-19, A
RESOLUTION APPROVING THE 2020 ANNUAL BUDGET FOR THE CITY
OF DES PLAINES. Upon voice vote, motion declared carried.
Moved by Chester, seconded by Zadrozny to Approve Ordinance M-45-19, AN
ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK
COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 2020 AND ENDING DECEMBER 31, 2020. Upon voice vote,
motion declared carried.
Moved by Chester, seconded by Rodd to Approve Ordinance M-46-19, AN
ORDINANCE AMENDING THE CITY CODE REGARDING VEHICLE
LICENSES. Upon voice vote, motion declared carried.
Moved by Chester, seconded by Rodd to Approve Ordinance M-47-19, AN
ORDINANCE AMEDING THE CITY CODE REGARDING THE CITY'S
HOME RULE MOTOR FUEL TAX. Upon voice vote, motion declared carried.
Moved by Rodd, seconded by Zadrozny to Approve Ordinance Z-30-19, AN
ORDINANCE APPROVING A FINAL PLAT OF PLANNED UNIT
DEVELOPMENT WITH A PERMITTED EXCEPTION AND A FINAL PLAT
OF SUBDIVISION FOR THE PROPERTY LOCATED AT 930, 946, AND 970
NORTH AVENUE, DES PLAINES, ILLINOIS (CASE #19-066-FSUB-FPUD).
Upon voice vote, motion declared carried.
(Cont.)
Ordinance
Z-30-19
APPROVE
AMENDING
TEXT/CANNABIS
BUSINESS
ESTABLISHMENTS
Ordinance
Z-31-19
ADJOURNMENT:
Page 10 of 10 11/18/19
Moved by Rodd, seconded by Zadrozny to Approve Ordinance Z-31-19, AN
ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING
ORDINANCE TO DEFINE, IMPOSE APPROPRIATE ZONING AND
OPERATIONAL REGULATIONS OVER CANNABIS BUSINESS
ESTABLISHMENTS (CASE #19 -68 -TA). Upon voice vote, motion declared
carried.
Moved by Rodd, seconded by Zadrozny, to adjourn the meeting. Motion declared
carried. The meeting adjourned at 8:11 p.m.
Laura Fast — Deputy City Clerk
APPROVED BY ME THIS