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12/16/2019MINUTES 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 16, 2019 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was called ORDER: to order by Mayor Bogusz at 6:35 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 16, 2019. ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd, Zadrozny, Brookman, Chester, Smith, Goczkowski. A quorum was present. CLOSED Moved by Rodd, seconded by Moylan to enter into Closed Session to discuss SESSION: Acquisition of Property, Probable or Imminent Litigation and Personnel. 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 6:36 p.m. The City Council re -convened at 7:05 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 Deputy Dyer, Director of Public Safety Kushner, and General Counsel Friedman. PRAYER AND The prayer was offered by Alderman Chester, followed by the Pledge of Allegiance to PLEDGE: the Flag of the United States of America. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 16, 2019 PUBLIC Mayor Bogusz called the Community Development Block Grant (CDBG) PY2018 HEARING/ consolidated annual performance and evaluation report (CAPER) Public Hearing to CDBG PY2018 order at 7:06 p.m. CAPER: The City of Des Plaines Program Year 2018 CAPER summarizes the program performance of Year 1 of the CDBG Consolidated Plan, PY2018 Action Plan, October 1, 2018 to September 30, 2019. The CAPER reports on the expenditures and accomplishments of the public service, housing, and infrastructure programs performed in respect to the goals established in the Action Plan. (Cont.) PUBLIC COMMENT: CONSENT AGENDA: APPROVE THE CDBG PY18 CAPER: Consent Agenda Resolution R-202-19 APPROVE WAIVING BIDDING REQUIREMENTS/ APPROVE B&F CONSTRUCTION CODE SERVICES: Consent Agenda Resolution R-203-19 Page 2 of 8 12/16/19 This public hearing will complete the required public comment period as required by HUD. The 15 -day public comment period for the CAPER began November 28, 2019, following a legal notice published in the Journal and Topics on November 13, 2019. The CAPER is available for public viewing at http://desplaines.org/cdbgplansreports, as well as at City Hall, Community and Economic Development Department. With no public comment, the Public Hearing was adjourned at 7:09 p.m. Resident Wayne Serbin stated he was happy to see that Cumberland Circle re -opened. Mr. Dimitrios Panagiotidis expressed that he does not agree with or support the recently approved ordinance allowing for Cannabis to be sold in the City of Des Plaines. Moved by Brookman, seconded by Rodd, to establish the Consent Agenda. Motion declared unanimously carried. Alderman Brookman requested that Item 8, Resolution R-204-19 be removed for discussion. Moved by Brookman, seconded Chester, 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-51-19 was adopted. Resolutions R-202-19, R-203-19, R-204-19, R-205-19, R-206-19, R-208-19 were approved. Moved by Brookman, seconded by Chester, to Approve Resolution R-202-19, A RESOLUTION APPROVING THE COMMUNITY DEVLOPMENT BLOCK GRANT PROGRAM CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR PROGRAM YEAR 2018. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to Approve Resolution R-203-19, A RESOLUTION APPROVING AN AGREEMENT WITH B&F CONSTRUCTION CODE SERVICES, INC FOR PROFESSIONAL PLAN REVIEW AND INSPECTION SERVICES. Motion declared carried as approved unanimously under Consent Agenda. APPROVE AMENDMENT/ 6B APPLICATION/ 76 BRADROCK DRIVE: Consent Agenda Resolution R-206-19 APPROVE AGMT/ ADVANTAGE GOVERNMENT STRATEGIES: Consent Agenda Resolution R-208-19 SECOND READING M-51-19: Consent Agenda APPROVE TASK ORDER/ WALKER CONSULTANTS: Consent Agenda Resolution R-205-19 APPROVE MINUTES: Consent Agenda AWARD BID/ CIVIC CENTER PARKING DECK/ WALSH CONSTURCTION: Consent Agenda Resolution R-204-19 Page 3 of 8 12/16/19 Moved by Brookman, seconded by Chester, to Approve Resolution R-206-19, AN AMENDED AND RESTATED RESOLUTON SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 76 BRADROCK DRIVE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to Approve Resolution R-208-19, A RESOLUTION APPROVING AN AGREEMENT WITH ADVANTAGE GOVERNMENT STRATEGIES, LLC FOR INTERGOVERNMENTAL AND LEGISLATIVE ADVOCACY SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to Approve Second Reading Ordinance M-51-19, AN ORDINANCE AMENDING THE CITY CODE REGARDING PARKING RATES THE CITY PARKING LOTS AND FACILITIES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to Approve Resolution R-205-19, A RESOLUTION APPROVING TASK ORDER NO. 6 WITH WALKER CONSULTANTS/ENGINEERS, INC FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to approve the Minutes of the City Council meeting of November 18, 2019, as published. Motion declared carried as approved unanimously under Consent Agenda. Alderman Brookman requested that this item be removed for discussion. Alderman Brookman does not agree with the $15,293,000 expenditure to replace the parking deck only to add 62 additional parking spaces. City Manager Bartholomew explained that the parking deck will allow for a basement with secure police vehicle parking, public and employee parking. Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-204-19, A RESOLUTION APPROVING A CONTRACT WITH WALSH CONSTRUCTION COMPANY II, INC FOR THE CIVIC CENTER PARKING GARAGE REPLACEMENT PROJECT. Upon roll call, the vote was: (Cont.) Page 4 of 8 12/16/19 AYES: 6- Lysakowski, Moylan, Rodd, Zadrozny, Smith, Goczkowski NAYS: 2- Brookman, Chester ABSENT: 0- None Motion declared carried. APPOINTMENTS Appointments: & RE- APPOINTMNENTS Library Board of Trustees Mindy Capper, Term to Expire 06/30/2022 Planning and Zoning Board Cindy Vermis, Term to Expire 04/30/2022 Re -Appointments: Board of Fire and Police Commissioners Debra Lester, Term to Expire 04/30/2022 Library Board of Trustees Gregory Sarlo, Term to Expire 06/30/2022 Kristen Graack, Term to Expire 06/30/2022 Umair Qadeer, Term to Expire 06/30/2022 Planning and Zoning Board Paul Saletnik, Term to Expire 04/30/2022 James Szabo, Term to Expire 04/30/2022 UNFINISHED BUSINESS: SECOND This item is a continued discussion from the December 2, 2019 City Council meeting. READING/ ORDINANCE The Water/Sewer enterprise fund balance continues to diminish due to costs outpacing M-49-19: 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. 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. (Cont.) Page 5 of 8 12/16/19 Alderman Chester expressed his displeasure that the discussion of Water Rates and Storm Sewer Fees were not discussed during the budget process and does not want to increase the rates to the residents. Assistant City Manager/Director of Finance Wisniewski answered questions from the Aldermen. Moved by Rodd, seconded by Goczkowski to Approve Ordinance M-49-19. Alderman Brookman reiterated that an Enterprise fund such as the Water/Sewer Fund cannot be self-sustaining with just user charges and suggested that there should be an impact fee for large commercial water users. Alderman Brookman suggested that this item go back to the Finance Committee meeting for further discussion. Moved by Rodd, seconded by Goczkowski to call for the vote. By show of hands the vote was 6/2/0. Alderman Brookman and Chester did not agree. Motion carried. Moved by Rodd, seconded by Goczkowski to Approve Ordinance M-49-19, AN ORDINANCE AMENDING THE CITY CODE REGARDING WATER RATES AND STORM SEWER FEES. Upon roll call, the vote was: AYES: 6- Lysakowski, Moylan, Rodd, Zadrozny, Smith, Goczkowski NAYS: 2- Brookman, Chester ABSENT: 0- None Motion declared carried. SECOND Moved by Rodd, seconded by Moylan to Approve Ordinance M-50-19, As Amended, READING/ AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 6 OF THE CITY CODE ORDINANCE REGARDING THE KEEPING OF CHICKENS. M-50-19: Alderman Chester believed the consensus at the December 2, 2019 City Council meeting was to require notification to your neighbors and allow for an appeal process to the Planning and Zoning Board. Legal Counsel Friedman clarified that the applicant has two weeks prior to their permit application certify to the City that they have provided notice to the owners of adjourning properties. This notice gives the owners the opportunity to come to the City to object. Alderman Brookman believes that allowing chickens will pose a health risk and a negative impact on property values. City Manager Bartholomew recommended to add text that if the neighbor objects they can object to the Community and Development Director. Legal Counsel Friedman suggested that a medical condition may be the only ground to reject a permit. It would be difficult to determine what standards could object a permit. NEW BUSINESS: CONSIDER SUBMISSION OF A PUBLIC QUESTION: Page 6 of 8 12/16/19 Alderman Lysakowski suggested allowing for a lower number of permits the first year and increasing the number over three -years. Moved by Rodd, seconded by Moylan to Approve Ordinance M-50-19, As Amended to add that a neighbor may object to the Community and Economic Development Director, AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 6 OF THE CITY CODE REGARDING THE KEEPING OF CHICKENS. Upon roll call, the vote was: AYES: 6- Lysakowski, Moylan, Rodd, Zadrozny, Smith, Goczkowski NAYS: 2- Brookman, Chester ABSENT: 0- None Motion declared carried. Without objection Item 3a, Resolution R-209-19, A Resolution Initiating the Submission of a Public Question to Authorize the Appointment of the City Clerk will be the first item of business. Mayor Bogusz explained over the past few month he has discussed with City Clerk Tsalapatanis the City Clerk position. Mayor Bogusz believes that it is in the best interest of the City and the position to place this item on the ballot as a referendum. City Clerk Tsalapatanis explained that after serving as the City Clerk for almost three - years her main observation is that the position of City Clerk is more of an administrative/department head position versus an elected position. The position requires a significant level of competence and knowledge and with an elected position there is no guarantee that an elected Clerk can bring the necessary skills to the position. Staff has the educational and experience background and are the full-time staff members of the City Clerk's office. The department needs consistency and continuity. Furthermore, most of the surrounding communities have appointed Clerks. Since the City has term -limits, a City Clerk may use educational funds and those funds are lost at the end of their term. The funds are better well suited for the full-time staff. Moved by Goczkowski, seconded by Chester to Approve Resolution R-209-19, A RESOLUTION INITIATING THE SUBMISSION OF A PUBLIC QUESTION TO AUTHORIZE THE APPOINTMENT OF THE CITY CLERK. 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. FINANCE & ADMINISTRATION — Alderman Chester, Chairman WARRANT REGISTER: CONSIDER CITY CODE AMENDMENT/ ADOPT CANNABIS RETAILERS' OCCUPATION TAX: ORDINANCE M-52-19 Page 7 of 8 12/16/19 Alderman Chester presented the Warrant Register for consideration. Moved by Chester, seconded by Moylan, to recommend to the City Council approval of the December 16, 2019 — Warrant Register in the Amount of $3,884,208.89 and further recommend that Resolution R-207-19 be adopted at appropriate time this evening. 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. City Clerk Tsalapatanis left the meeting at 8:35 p.m. LEGAL & LICENSING — Alderman Brookman, Chair Community and Economic Development Director McMahon reviewed a memorandum dated December 5, 2019. The Illinois General Assembly adopted the Cannabis Regulation and Tax Act, Public Act 101-0027 ("Act"), which legalizes the possession, use, cultivation, transportation, and sale of recreational cannabis beginning January 1, 2020. The Act also authorizes municipalities to enact a municipal tax on the retail sale of cannabis to persons over the age of 21 for recreational purposes. On December 2, 2019 the City of Des Plaines City Council approved Ord. Z-31-19 on second reading to approve amendments to the Des Plaines Zoning Ordinance that regulates the approval and operation of cannabis business establishments within the City. The Act also enacts the Illinois Municipal Cannabis Retailers' Occupation Tax Law ("Tax") which grants the City authority to adopt up to a three percent tax on the gross receipts from all sales of cannabis within the City, except for the sales of cannabis to registered qualifying patients pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act. The Tax is both equitable to the taxpayers and beneficial to the City as it may provide new revenue, including sales to non-residents of the City, to offset additional expenditures arising from the legalization of recreational cannabis and to otherwise improve the City. At this time, it is unknown how much revenue the Tax will bring to the City as currently there are no cannabis business establishments approved, nor operating, within the City of Des Plaines. Staff recommended approval of Ordinance M-52-19. Alderman Brookman is opposed to the sale of cannabis in the City of Des Plaines, however, since the City Council approved the sale the City should enact the highest possible municipal tax. Alderman Moylan suggested that the proceeds from this tax be used to fund the Fire and Police Pensions. (Cont.) Page 8 of 8 12/16/19 Assistant City Manager/Director of Finance Wisniewski recommended to have an annual discussion to determine if all of the funds, a percentage of the funds, to reduce the levy or fund above the needed amount. At this time it is difficult to determine the amount of revenue the tax will produce. Moved by Moylan, seconded by Chester, to Approve Ordinance M-52-19, AN ORDINANCE AMENDING TITLE 15 OF THE CITY CODE OF THE CITY OF DES PLAINES TO ADOPT A MUNICIPAL CANNABIS RETAILER'S OCCUPATION TAX with staff directed to create a financial policy on the spending of this tax and bring back to City Council for approval at a future meeting,. Upon voice vote, motion carried. ADJOURNMENT: Moved by Smith, seconded by Chester, to adjourn the meeting. Motion declared carried. The meeting adjourned at 8:44 p.m. 4/4 ifer L. Tsalpatanis — City Clerk APPROVED BY ME THIS L„