12/02/2019MINUTES 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,
DECEMBER 2, 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 7:03 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, December 2, 2019.
ROLL CALL:
Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd,
Zadrozny, Chester, Smith, Goczkowski. Absent: 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, Police Commander Mierzwa, and General Counsel Friedman.
SWEARING-IN Deputy Fire Chief Dyer congratulated Lieutenant Joseph Ciraulo and
CEREMONY: Firefighter/Engineer Ryan Petty on their promotion. Mayor Bogusz administered
the Oath of Office.
PRAYER AND
PLEDGE:
PUBLIC
COMMENT:
CONSENT
AGENDA:
The prayer was offered by Alderman Smith, followed by the Pledge of
Allegiance to the Flag of the United States of America.
Resident Garland Armstrong expressed his concern regarding the construction on
Rand Road.
Resident Wayne Serbin expressed his appreciation for the Fire Department
personnel.
Resident Earl Wilson expressed his interest to be re -appointed to the Library
Board of Trustees.
Mary Lou Marquez, owner of Taco Village, informed the City Council that her
business is failing due to the construction on Rand and Des Plaines River Road.
Ms. Marquez was instructed to meet with staff members from the Engineering
Department and the Community and Economic Development Department.
Moved by Rodd, seconded by Zadrozny, to establish the Consent Agenda.
Motion declared unanimously carried.
Moved by Rodd, seconded Zadrozny, to approve the Consent Agenda. Upon roll
call, the vote was:
AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny,
Chester, Smith, Goczkowski
NAYS: 0 None
ABSENT: 1- Brookman
Motion declared earned.
APPROVE THE
ESTABLISHMENT
OF AN
ICMA 401(A):
Consent Agenda
Resolution
R-201-19
APPROVE LEASE
AGMT/KONICA
MINOLTA:
Consent Agenda
Resolution
R-195-19
APPROVE AGMT/
VILLAGE OF
WHEELING:
Consent Agenda
Resolution
R-196-19
APPROVE
ADOPTING OF
PUBLIC RIGHT-
OF-WAY
ACCESSIBILITY
TRANSITION
PLAN:
Consent Agenda
Resolution
R-197-19
APPROVE AGMT/
MUNICIPAL GIS
PARTNERS, INC:
Consent Agenda
Resolution
R-198-19
Page 2 of 9 12/02/19
Minutes were approved; Ordinances M-45-19, M-46-19, M-47-19, Z-30-19 and
Z-31-19 were adopted. Resolutions R-195-19, R-196-19, R-197-19, R-198-19,
R-199-19 were approved.
Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-201-19, A
RESOLUTION APPROVING THE ESTABLISHMENT OF A 401 (A)
MONEY PURCHASE PLAN, AND AGREEMTN WITH ICMA
RETIREMENT CORPORATION FOR MONEY PUCHASE PLAN
ADMIISTRATIVE SERVICES AND A DECLARATION OF TRUST OF
VANTAGETRUST. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-195-19, A
RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS UNDER A
LEASE WITH KONICA MINOLTA PREMIER FINANCE AND A SERVICES
AGREEMENT WITH KONICA MINOLTA BUSINESS SOLUTIONS USA,
INC. Motion declared carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-196-19, A
RESOLUTION APPROVING AN AMENDED AND RENEWED
EMERGENCY DISPATCH SERVICES AGREEMENT WITH THE VILLAGE
OF WHEELING. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-197-19, A
RESOLUTION APPROVING AND AUTHORIZING THE ADOPTION OF
THE DES PLAINES PUBLIC RIGHT-OF-WAY ACCESSIBILITY
TRANSITION PLAN. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-198-19, A
RESOLUTION APPROVING A SUPPLEMENTAL STATEMENT OF WORK
WITH MUNICIPAL GIS PARTNERS, INC FOR GEOGRAPHIC
INFORMATION SYSTEM SUPPORT SERVICES. Motion declared carried as
approved unanimously under Consent Agenda.
Page 3 of 9 12/02/19
APPROVE Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-199-19, A
AGMT/CLAUSS RESOLUTION APPROVING THE FIRST RENEWAL OF A CONTRACT
BROTHERS: WITH CLAUSS BROTHERS, INC FOR NUISANACE ABATEMENT AND
Consent Agenda GRASS CUTTING SERVICES. Motion declared carried as approved
unanimously under Consent Agenda.
Resolution
R-199-19
SECOND Moved by Rodd, seconded by Zadrozny, to Approve Second Reading Ordinance
READING/ M-45-19, AN ORDINANCE LEVYING TAXES FOR THE CITY OF
ORD. M-45-19: DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR
Consent Agenda BEGINNING JANUARY 1, 2020 AND ENDING DECEMBER 31, 2020.
Motion declared carried as approved unanimously under Consent Agenda.
SECOND Moved by Rodd, seconded by Zadrozny, to Approve Second Reading Ordinance
READING/ M-46-19, AN ORDINANCE AMENDING THE CITY CODE REGARDING
ORD. M-46-19 VEHICLE LICENSES. Motion declared carried as approved unanimously under
Consent Agenda Consent Agenda.
SECOND Moved by Rodd, seconded by Zadrozny, to Approve Second Reading Ordinance
READING/ M-47-19, AN ORDINANCE AMENDING THE CITY CODE REGARDING
ORD. M-47-19: THE CITY'S HOME RULE MOTOR FUEL TAX. Motion declared carried as
Consent Agenda approved unanimously under Consent Agenda.
SECOND Moved by Rodd, seconded by Zadrozny, to Approve Second Reading Ordinance
READING/ Z-30-19, AN ORDINANCE APPROVING A FINAL PLAT OF PLANNED
ORD. Z-30-19: UNIT DEVELOPMENT WITH A PERMITTED EXCEPTION AND A FINAL
Consent Agenda PLAT OF SUBDIVISION FOR THE PROPERTY LOCATED AT 930, 946,
AND 970 NORTH AVENUE, DES PLAINES, ILLINOIS (CASE #19-066-
FSUB-FPUD). Motion declared carried as approved unanimously under Consent
Agenda
SECOND Moved by Rodd, seconded by Zadrozny, to Approve Second Reading Ordinance
READING/ Z-31-19, As Amended, AN ORDINANCE AMENDING THE TEXT OF THE
ORD. Z-31-19: DES PLAINES ZONING ORDINANCE TO DEFINE, IMPOSE
Consent Agenda APPROPRIATE ZONING AND OPERATIONAL REGULATIONS OVER
CANNABIS BUSINESS ESTABLISHMENTS (CASE #19 -68 -TA). Motion
declared carried as approved unanimously under Consent Agenda
APPROVE Moved by Rodd, seconded by Zadrozny, to approve the Minutes of the City
MINUTES: Council meeting of November 18, 2019, as published. Motion declared carried
Consent Agenda as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Zadrozny, to approve the Closed Session Minutes
of the City Council meeting of November 18, 2019, as published. Motion
declared carried as approved unanimously under Consent Agenda.
NEW BUSINESS:
CONSIDER TEXT
& MAP
AMENDMENTS/
RIVERS CASINO/
2980 RIVER ROAD:
ORDINANCE
Z-32-19
ORDINANCE
Z-33-19
Page 4 of 9
Without objection Item 2a will be the first item of business.
COMMUNITY DEVELOPMENT — Alderman Rodd, Chair
12/02/19
Director of Community and Economic Development McMahon reviewed a
memorandum dated November 1, 2019.
The applicant, Mike Levin of Development Management Associates, is
requesting several items associated with a proposed expansion of Rivers Casino
which is located at 2980-3000 River Road including a Major Amendment to the
Planned Unit Development to amend Ordinance Z-27-10. This request will entail
a proposal to expand the existing parking garage north of the casino building with
a net gain of 719 spaces. The proposal to expand the parking garage is a direct
result of recent Illinois legislation that allows existing casinos to apply to expand
from the former limit of 1,200 gaming positions to the new limit of 2,000 gaming
positions.
With the proposed Major Amendment to the existing Planned Unit Development,
the physical boundaries of the Planned Unit Development are being expanded to
incorporate the office building located at 2980 River Road. This building was not
initially proposed in the original PUD; however multiple principal buildings are
permitted on one zoning lot under Zoning Ordinance Section 12-7-1.
Additionally, an exception is being requested for the five-foot setback
requirement for the existing office building at 2980 River Road under Zoning
Ordinance Section 12-10-8.C.
The petitioner has requested to rezone the office building located at 2980 River
Road from C-2, Limited Office to C-6, Casino District. The office building solely
houses office operations for Rivers Casino. As such, the petitioner is proposing
to include this property into the Planned Unit Development for Rivers Casino
and, as a result, the property also has to be rezoned to incorporate this property
into the PUD. With the proposed rezoning and incorporation of the office
building at 2980 S. River Road into the C-6, Casino District, the land use of
"Office" has to be added to the Des Plaines Zoning Ordinance since the principal
use for this building is for office purposes.
The petitioner has submitted a Final Plat of Subdivision in order to re -subdivide
the existing lots into two lots to reflect the expansion and entitlement update of
this property.
The applicant is proposing several amendments to the existing Localized
Alternative Sign Regulation (LASR) as first approved under Ordinance Z-6-10
and then approved under Ordinance Z-11-11 for modifications to the original
LASR.
The Planning and Zoning Board met on November 12, 2019, to consider the
requests. The Planning and Zoning Board recommended (4-0) to approve the
requests with the two conditions:
(Cont.)
Page 5 of 9 12/02/19
1) That any and all easement vacations and dedications not provided with this
proposal be reviewed and approved by the City of Des Plaines prior to recording.
2) Drawings may have to be amended to comply with all applicable codes and
regulations.
Staff recommended approval of Ordinance Z-32-19 and Z-33-19.
The Aldermen welcomed Mr. Carlin, CEO of Midwest Gaming. Mr. Levin
answered questions from the Aldermen.
Moved by Chester, seconded by Rodd to Approve Ordinance Z-32-19, AN
ORDINANCE AMENDING SECTION 12-7-3 OF THE DES PLAINES
ZONING ORDINANCE REGARDING PERMITTED USES IN THE C-6
CASINO DISTRICT (CASE #19 -073 -TA). Upon voice vote, motion declared
carried.
Moved by Chester, seconded by Rodd, to Advance to Second Reading and Adopt
Ordinance Z-32-19, AN ORDINANCE AMENDING SECTION 12-7-3 OF THE
DES PLAINES ZONING ORDINANCE REGARDING PERMITTED USES IN
THE C-6 CASINO DISTRICT (CASE #19 -073 -TA). Upon roll call, the vote
was:
AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny,
Chester, Smith, Goczkowski
NAYS: 0 None
ABSENT: 1- Brookman
Motion declared carried.
Moved by Rodd, seconded by Chester to Approve Ordinance Z-33-19, AN
ORDINANCE APPROVING A ZONING MAP AMENDMENT, AN
AMENDMENT TO A CONDITIONAL USE FOR A LOCAL ALTERNATIVE
SIGN REGULATION, A MAJOR AMENDMENT TO AN EXISTING
PLANNED UNIT DEVELOPMENT WITH EXCEPTIONS, A FINAL PLAT
OF RESUBDIVISION, PLATS OF EASEMENT, AND A VARIATION FROM
THE SUBDIVISION ORDINANCE FOR 2980-3000 RIVER ROAD, DES
PLAINES, ILLINOIS (CASE#19-073-MAP-CU-FPUD-FSUB-V). Upon voice
vote, motion declared carried.
Moved by Rodd, seconded by Chester to Advance to Second Reading and Adopt
Ordinance Z-33-19, AN ORDINANCE APPROVING A ZONING MAP
AMENDMENT, AN AMENDMENT TO A CONDITIONAL USE FOR A
LOCAL ALTERNATIVE SIGN REGULATION, A MAJOR AMENDMENT
TO AN EXISTING PLANNED UNIT DEVELOPMENT WITH EXCEPTIONS,
A FINAL PLAT OF RESUBDIVISION, PLATS OF EASEMENT, AND A
VARIATION FROM THE SUBDIVISION ORDINANCE FOR 2980-3000
RIVER ROAD, DES PLAINES, ILLINOIS (CASE#19-073-MAP-CU-FPUD-
FSUB-V). Upon roll call, the vote was:
(Cont.)
WARRANT
REGISTER:
CONSIDER
AMENDMENT TO
CITY
CODE/PUBLIC
PASSENGER
VEHICLE
LICENSING FEES:
ORDINANCE
M-48-19
AYES: 7 -
NAYS: 0
ABSENT: 1 -
Page 6 of 9
Lysakowski, Moylan, Rodd, Zadrozny,
Chester, Smith, Goczkowski
None
Brookman
12/02/19
Motion declared carried.
FINANCE & ADMINISTRATION — Alderman Chester, Chairman
Alderman Chester presented the Warrant Register for consideration.
Moved by Chester, seconded by Moylan, to recommend to the City Council
approval of the December 2, 2019 — Warrant Register in the Amount of
$5,478,869.30 and further recommend that Resolution R-200-19 be adopted at
appropriate time this evening. Upon roll call, the vote was:
AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny,
Chester, Smith, Goczkowski
NAYS: 0 None
ABSENT: 1- Brookman
Motion declared carried.
LEGAL & LICENSING — Alderman Smith, Vice Chair
Alderman Smith explained that the City Council requested that a survey be
conducted regarding licensing of Taxi cabs/chauffeurs and ride sharing services.
The Northwest Municipal Conference distributed a two part survey to its
members to which eleven communities responded. The results of the survey were
reviewed.
Staff recommended adoption of the proposed fee changes in Ordinance M-48-19
to mirror the fees of the surrounding communities. The main component of the
Ordinance reduces the taxicab company license fee from $2500 to $150 annually
and the per vehicle registration fee from $100 to $40 annually.
Moved by Smith, seconded by Chester, to Approve Ordinance M-48-19, AN
ORDINANCE AMENDING TITLE 4 OF THE CITY CODE OF THE CITY OF
DES PLAINES REGARDING PUBLIC PASSENGER VEHICLE LICENSING
FEES. Upon voice vote, motion carried.
Moved by Smith, seconded by Chester, to Advance to Second Reading and Adopt
Ordinance M-48-19, AN ORDINANCE AMENDING TITLE 4 OF THE CITY
CODE OF THE CITY OF DES PLAINES REGARDING PUBLIC
PASSENGER VEHICLE LICENSING FEES. Upon roll call, the vote was:
AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny,
Chester, Smith, Goczkowski
NAYS: 0 None
ABSENT: 1- Brookman
Motion declared carried.
CONSIDER CITY
CODE
AMENDMENT/
WATER AND
STORM SEWER
FEES:
ORDINANCE
M-51-19
Page 7 of 9 12/02/19
ENGINEERING — Alderman Smith, Chair
Director of Public Works and Engineering Oakley reviewed a memorandum
dated November 21, 2019.
The Water/Sewer enterprise fund balance continues to diminish due to costs
outpacing revenues. By the end of 2025, the Water/Sewer Fund will have a
negative balance of $23.8 million. Additionally, due to the age of the City's
infrastructure, we average over 100 water main breaks per year. This creates a
water loss of over 11%, which equates to a lost water cost of $600,000 per year.
Enterprise funds are established to account for the financing of self-supporting
activities of the City that render services on a user -charge basis. The revenue
generated through user charges and other water and sewer related functions are
intended to fully support the operation of the fund. Both the IDNR and IEPA
recommend that an Enterprise Fund should be self-sustaining. The City's existing
water and sewer usage rates are not sufficient to recover the full cost of
operations, and neither can they sustain an annual capital improvement program
at the level needed to keep pace with infrastructure deterioration. Even though
the City has a new water source and there is a savings on the purchase of water,
the operating costs and infrastructure needs continue to deplete the fund.
The City conducted an analysis of the current rates, surveyed other
municipalities, reviewed the infrastructure needs and created funding scenarios.
As part of the review, the analysis looked at the City's current charges of the
following:
• Current ordinance of the Minimum Bill Charge equal to five units of water
consumption.
• Current ordinance of the City's Water Operation and Maintenance Charges
• Current ordinance of the City's Storm Sewer Fee
Staff recommended the City Council take the following actions:
• Effective January 1, 2020, implement a Fixed Rate fee structure and eliminate
the minimum bill charge.
• Effective January 1, 2020, increase the Water Operation and Maintenance
Charge to $2.22 per unit of water and increase the fee annually by $0.01 per year
through 2024.
• Effective January 1, 2020, eliminate the Storm Sewer Fee and replace it with a
Water/Sewer Capital Improvement fee in the amount of $0.70 per unit of water
and increase the fee annually by $0.10 per year through 2024.
Alderman Chester expressed his displeasure that the discussion of Water Rates
and Storm Sewer Fees were not discussed during the budget process.
Moved by Smith, seconded by Rodd, to Approve Ordinance M-49-19, AN
ORDINANCE AMENDING THE CITY CODE REGARDING WATER
RATES AND STORM SEWER FEES. Upon voice vote, motion carried.
Alderman Chester did not agree.
CONSIDER
AMENDING CITY
CODE/PARKING
FEES:
ORDINANCE
M-51-19
CONSIDER CODE
AMENDMENT TO
ALLOW
BACKYARD HENS:
ORDINANCE
M-50-19
Page 8 of 9 12/02/19
Tim Oakley, Director of Public Works and Engineering reviewed a memorandum
dated October 30, 2019.
Consistent with the 2020 Budget discussions, the daily commuter parking fee in
Des Plaines is proposed for an increase from the existing $1.50/day to $2.00/day.
The existing daily parking fee was last increased in 2009. At the time, $1.25/day
and $1.50/day were the predominant rates for daily parking along the Union
Pacific Northwest (UPNW) Line. Since that time, in recognition of the increased
costs, other communities along the UPNW Line have raised their rates to
$2.00/day.
The intent of the parking fee is to cover the increase over time as a result of
general inflation, the lack of commitment from Metra to help fund period capital
improvements, and a potential new State excise tax that could affect both City -
owned and the Union Pacific Railroad -owned parking lots beginning
January 1, 2020.
The Illinois Municipal League is currently pursuing an exemption for local
government-owned lots, but it is not clear if this will be granted. It is even less
clear whether Union Pacific -owned parking lots would be exempted from the new
State tax. The six commuter lots along the railroad line are owned by the Union
Pacific Railroad and maintained and operated by the City of Des Plaines under a
2004 agreement. In order to increase the rate, approval must be granted by the
Union Pacific Railroad and Metra. These approvals have already been received.
Coincident with the daily fee increase for the Metra commuter lots, the daily fee
for the City -owned parking on the top level of Metro Square Garage is proposed
to be increased from the existing $1.50/day to $2.00/day for consistency
throughout the downtown.
Staff recommended that the general daily parking fee in downtown Des Plaines
and at the Cumberland Metra Station be increased from the existing $1.50/day to
$2.00/day consistent with neighboring communities.
Moved by Smith, seconded by Chester, to Approve Ordinance M-51-19, AN
ORDINANCE AMENDING THE CITY CODE REGARDING PARKING
RATES A THE CITY PARKING LOTS AND FACILITIES. Upon voice vote,
motion carried.
The City of Des Plaines Municipal Code currently prohibits the keeping of fowl
to raise, maintain, or store on any property within the City limits under Section
6-1-1(A), except for educational purposes. The City of Des Plaines is requesting
a Text Amendment to add Section 6-1-1(D) to allow the keeping of chicken hens
under certain regulations.
In recent years, there has been a growing trend in keeping chickens for personal
use and for the consumption of eggs. Municipalities vary in their stance on the
allowance of chickens, from banning the practice to permitting them, with
standards such as the maximum number of chickens that can be kept and
(Cont.)
Page 9 of 9 12/02/19
enclosure requirements. Some require permits or licenses to maintain any fowl
while others allow a certain number of fowl on residential properties by right.
Some municipalities share similarities in coop and enclosure size, cleanliness,
location on property, and food storage regulations. Many ordinances limit the size
of these structures to 100 square feet, require continual maintenance of these
structures, require screening from streets, require a minimum setback distance of
these structures from the property lines, and require the installation of rodent -free
containers for food.
Resident Kelly Horvath presented a Petition to City Clerk Tsalapatanis to allow
backyard hens within the city limits. Ms. Horvath conducted a presentation
which addressed previously expressed concerns.
Lara Sanoica, 7th Ward Alderman of the City of Rolling Meadows, answered
questions pertaining to their recently enacted ordinance to allow for hens on
residential lots in the City of Rolling Meadows.
Staff met to review the suggested regulations outlined in the Ordinance M-19-17
and added proposed text amendment to add Section 6-1-1(D) to allow the keeping
of chicken hens under certain regulations. Staff recommended approval of
Ordinance M-50-19.
Moved by Rodd, seconded by Smith to Approve Ordinance M-50-19, AN
ORDINANCE AMENDING CHAPTER 1 OF TITLE 6 OF THE CITY CODE
REGARDING THE KEEPING OF CHICKENS with the following amendments:
add language that requires notification to neighbors, any revocation of the permit
is at the City Managers discretion, a listing of educational resources within the
City will be made available, the ChicagoLand Urban Chicken Keepers will
provide a list of best practices for hen keeping and that this will be a three-year
pilot program. Upon voice vote, the motion carried.
ADJOURNMENT: Moved by Chester, seconded by Zadrozny, to adjourn the meeting. Motion
declared carried. The meeting adjourned at 9:07 p.m.
APPROVED BY ME THIS iip a