Council Minutes 02-18-20MINUTES 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, FEBRUARY 18, 2020
CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was called
ORDER: to order by Deputy City Clerk Fast at 6:30 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Tuesday, February 18, 2020.
ROLL L CALL: Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd,
Zadrozny, Brookman, Chester, Smith. Absent: Goczkowski. A quorum was present.
Deputy City Clerk Fast announced that Mayor Bogusz will not be in attendance for
tonight's meeting and asked for a motion to appoint a Mayor Pro Tem.
Moved by Brookman, seconded by Zadrozny to appoint Alderman Chester as Mayor
Pro Tem for tonight's meeting only. Upon roll call, the vote was:
AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 None
ABSENT: 1- Goczkowski
Motion declared unanimously carried.
CLOSED Moved by Zadrozny, seconded by Brookman to enter into Closed Session to discuss
SESSION: Personnel. Upon roll call, the vote was:
AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 None
ABSENT: 1 Goczkowski
Motion declared unanimously carried.
The City Council recessed at 6:32 p.m.
The City Council re -convened at 7:09 p.m.
Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd,
Zadrozny, Brookman, Smith, Mayor Pro Tem Chester. Absent: 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 Anderson, Police Chief Kushner, and General Counsel Friedman.
PRAYER AND The prayer was offered by Eric Tashakor of the Bahai Community followed by the
PLEDGE: Pledge of Allegiance to the Flag of the United States of America.
SWEARING-IN Police Chief Kushner introduced new Police Officers Thomas Culotta and
CEREMONY: Megan Hecht. Mayor Pro Tem Chester administered the Official Oath and welcomed
the Officers to the Police Department.
RECOGNITION:
PUBLIC
HEARING/2020
APPROPRIATION
ORDINANCE:
PUBLIC
COMMENT:
CONSENT
AGENDA:
Page 2 of 9 02/18/20
Police Chief Kushner presented Life -Saving awards to Officer Norberg and Officer
Beier and expressed his appreciation to both of the Officers for their decisive actions
which each saved a life.
MINUTES OF THE PUBLIC HERING HELD IN THE ELEANOR
ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC
CENTER, TUESDAY, FEBRUARY 18, 2020
Mayor Pro Tem Chester called the Public Hearing to order at 7:16 p.m.
Assistant City Manager/Director of Finance Wisniewski explained that the annual
Appropriation Ordinance specifies the sums of money deemed necessary to defray all
expenses and liabilities for the calendar year 2020.
The Public Hearing was being held pursuant to Legal Notice regarding the
Appropriation Ordinance. Public notice of said Hearing was published in the Journal
Topics on Wednesday, February 5, 2020.
There were no comments or questions from the Aldermen or residents.
The Public Hearing was adjourned at 7:18 p.m.
Resident Garland Armstrong suggested a push -to -walk button for a pedestrian
crosswalk on Northwest Highway and the Cumberland train station. US Senator
Tammy Duckworth visited the Over the Rainbow's Midtown Crossing Apartments on
Graceland Avenue to discuss the work Over the Rainbow does with the disability
community in Illinois.
Christie Capalety, Association Manager, and several residents of Buckingham Place
Townhomes expressed their frustration and requested assistance for the noise caused
by the employees of the PACE bus facility on Northwest Highway. The Police
Department will monitor the situation and PACE bus will be contacted.
Moved by Brookman, seconded by Rodd, to establish the Consent Agenda. Motion
declared unanimously carried.
Moved by Brookman, seconded Zadrozny, to approve the Consent Agenda. Upon roll
call, the vote was:
AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 None
ABSENT: 1- Goczkowski
Motion declared carried.
Minutes were approved; Ordinance M-3-20 was adopted; Ordinance M-5-20 was
approved; Resolutions R-39-20, R-41-20, R-42-20, R-43-20, R-44-20, R-45-20,
R-46-20, R-47-20 were approved.
APPROVE
ANNUAL
APPROPRIATION
ORDINANCE:
Consent Agenda
Ordinance
M-5-20
APPROVE
CONTRACT/
DIXON
ENGINEERING/
OAKTON WATER
TANK:
Consent Agenda
Resolution
R-41-20
APPROVE
TASK ORDERS/
M.E. SIMPSON/
PROFESSIONAL
ENGINEERING
SERVICES:
Consent Agenda
Resolution
R-42-20
APPROVE AGMT./
PARKING
GARAGE
MATERIAL
TESTING/ECS
MIDWEST, LLC:
Consent Agenda
Resolution
R-43-20
APPROVE
PURCHASE/
EQUIPMENT/
RUSH TRUCK
CENTER:
Consent Agenda
Page 3 of 9 02/18/20
Moved by Brookman, seconded by Zadrozny, to Approve Ordinance M-5-20, AN
ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF
THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR MUNICIPAL
PURPOSES DESIGNATED AS THE "ANNUAL APPROPRIATION
ORDINANCE" FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2020 AND
ENDING DECEMBER 31, 2020. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-41-20, A
RESOLUTION APPROVING A MASTER CONTRACT WITH DIXON
ENGINEERING, INC FOR PROFESSIONAL ENGINEERING SERVICES AND
TASK ORDER NO. 1 FOR CONSTRUCTION OVERSIGHT SERVICES FOR THE
OAKTON WATER TANK REHABILITATION PROJECT. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-42-20, A
RESOLUTION APPROVING TASK ORDERS NO. 10 AND NO. 11 UNDER A
MASTER CONTRACT WITH M.E. SIMPSON COMPANY, INC. FOR
PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-43-20, A
RESOLUTION APPROVING AN AGREEMENT WITH ECS MIDWEST, LLC FOR
CONSTRUCTION MATERIAL TESTING. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-44-20, A
RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT FOR THE
REFURBISHMENT OF A 10 -TON DUMP TRUCK FROM RUSH TRUCK
CENTER OF ILLINOIS. Motion declared carried as approved unanimously under
Consent Agenda.
Resolution
R-44-20
APPROVE
CONTRACT/
MANUSOS
CONTRACTING/
DES PLAINES
THEATRE:
Consent Agenda
Resolution
R-45-20
APPROVE
PURCHASE/
TRUCK/CURRIE
MOTORS:
Consent Agenda
Resolution
R-46-20
AWARD BID/
2020 SEWER
LINING/HOERR
CONSTRUCTION:
Consent Agenda
Resolution
R-47-20
SECOND
READING —
ORDINANCE
M-3-20:
APPROVE
MINUTES:
Consent Agenda
AWARD
BID/CISCO
BLADE SERVERS/
NETRIX LLC:
Consent Agenda
Resolution
R-39-20
Page 4 of 9 02/18/20
Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-45-20, A
RESOLUTION APPROVING A MASTER CONTRACT WITH MANUSOS
GENERAL CONTRACTING, INC FOR CONSTRUCTION SERVICES AND TASK
ORDER NO. 1 FOR CONSTRUCTION SERVICES AT THE DES PLAINES
THEATRE PROJECT. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-46-20, A
RESOLUTION AUTHORIZING THE PURCHASE OF A FORD F-450 TRUCK
FROM CURRIE MOTORS OF FRANKFORT, ILLINOIS. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-47-20, A
RESOLUTION APPROVING AN AGREEMENT WITH HOERR
CONSTRUCTION, INC FOR SEWER LINING AS PART OF THE 2020 CAPITAL
IMPROVEMENT PROJECT. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Brookman, seconded by Zadrozny, to Approve Ordinance M-3-20, AN
ORDINANCE AMENDING TITLE 9 OF THE CITY CODE TO ADOPT THE
MWRD'S LONG TERM OPERATION AND MAINTENANCE AND PRIVATE
SECTOR PROGRAM. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Zadrozny, to approve the Minutes of the City
Council meeting of February 3, 2020, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-39-20, A
RESOLUTION APPROVING THE PURCHASE OF SERVERS AND RELATED
SERVICES FROM NETRIX, LLC. Motion declared carried as approved unanimously
under Consent Agenda.
Page 5 of 9 02/18/20
APPROVE Moved by Brookman, seconded by Zadrozny, to approve the Closed Session Minutes
MINUTES: of the City Council meeting of February 3, 2020, as published. Motion declared carried
Consent Agenda as approved unanimously under Consent Agenda.
UNFINISHED
BUSINESS:
AWARD BID/ Alderman Moylan expressed his concern that Safeway Tuckpointing does not conduct
6TH FLOOR employee training programs and that he cannot find that the company is registered with
MASONRY the State of Illinois.
REPAIRS:
Resolution
R-32-20
NEW BUSINESS:
WARRANT
REGISTER:
Moved by Moylan, seconded by Rodd, to Award the bid for the City Hall 6th floor
Masonry Repairs to the second lowest bidder Otto Baum, Inc.
Tim Oakley, Director of Public Works and Engineering, stated that Safeway
Tuckpointing is a small family owned business and has provided documentation which
meets the City's Responsible Bidder Ordinance, furthermore, with the current
Ordinance language it is difficult to monitor whether a contractor conducts training.
Upon roll call, the vote was:
AYES: 4- Lysakowski, Moylan, Zadrozny,
Brookman (Chester)
NAYS: 2 Rodd, Smith
ABSENT: 1- Goczkowski
Motion failed. A 2/3 vote was required.
Moved by Moylan, seconded by Rodd to reject all bids for City Hall 6th Floor Masonry
Repairs and rebid the project. Upon roll call, the vote was:
AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Zadrozny
NAYS: 0
ABSENT: 1- Goczkowski
Motion carried.
Staff was directed to review the Responsible Bidder's Ordinance and clarify the
language. The Ordinance will be reviewed at a Committee meeting.
FINANCE & ADMINISTRATION — Mayor Pro Tem Chester, Chairman
Mayor Pro Tem Chester presented the Warrant Register for consideration.
Moved by Zadrozny, seconded by Brookman, to recommend approval of the
February 18, 2020 — Warrant Register in the Amount of $19,677,454.18 and further
recommend that Resolution R-48-20 be adopted at appropriate time this evening.
Upon roll call, the vote was:
(Cont.)
CONSIDER COOK
COUNTY CLASS
6B
CLASSIFICATION
/SYSCO FOODS:
CONSIDER TEXT
AMENDEMENTS/
LANDSCAPING:
Page 6 of 9
AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith
NAYS: 0- None
ABSENT: 1 Goczkowski
Motion declared earned.
02/18/20
COMMUNITY DEVELOPMENT — Alderman Rodd, Chair
Economic Development Coordinator Patrick Ainsworth reviewed a memorandum
dated January 29, 2020.
The current property owner and occupant of 250 Wieboldt and 501 S. Wolf Road,
Sysco Foods, has filed a Class 6b Property Tax Incentive Application requesting a new
Class 6b property tax incentive for substantial rehabilitation.
The subject property consists of two buildings. The existing freezer building, 501 S. Wolf
Road and the second building, 250 Wieboldt Drive, which encompasses the dry goods
and distribution operations as well as the corporate offices.
Sysco successfully received a Class 6b in 2008 when the 501 S. Wolf Road building was
constructed and operational. Sysco subsequently received a 10 -year Class 6b extension
from Des Plaines City Council in December 2018; however, the applicant is proposing a
$36,000,000 expansion of both buildings and new parking arrangements. The applicant
is asking for a new Class 6b for all PINs. If the request is approved by City Council, then
the attached resolution will override the Class 6b extension on 501 S. Wolf Road and a
new Class 6b will be assigned to the four PINs associated with Sysco's campus.
Cook County Class 6b Property Tax Incentives are eligible for 12 -year property tax
abatement will which will lower the assessed value on the proposed expansion to a
10% assessment. In the 11th year of the incentive, the property will be assessed at 15%,
the 12th year, 20% and then at the end of the incentive, the assessment will go back up
to 25% of market valuation.
Staff recommended approval of Resolution R-49-20.
Moved by Zadrozny, seconded by Lysakowski, to Approve Resolution R-49-20, A
RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS
6B CLASSIFICATION FOR THE PROPERTIES LOCATED AT 250 WIEBOLDT
DRIVE AND 501 S WOLF ROAD. Upon voice vote, motion carried.
Economic Development Coordinator Patrick Ainsworth reviewed a memorandum
dated January 29, 2020.
The City of Des Plaines is proposing a text amendment to comprehensively amend
Chapter 10, "Landscaping and Screening" of the Des Plaines Zoning Ordinance.
City staff is continuing to update, clarify, enhance and modernize the 21 -year old
Des Plaines Zoning Ordinance. This text amendment report aims to:
(Cont.)
CONSIDER
CU/AUTO BODY
REPAIR/
1300 MINER
STREET:
Page 7 of 9 02/18/20
• Clarify and enhance the landscape regulations with current scenarios
commonly found within the City of Des Plaines; and
• Ensure that the Zoning Ordinance regulations are fair so all properties may
accommodate landscaping improvements on their subject lots in a reasonable
and fair manner.
Additionally, the City of Des Plaines proposes the creation of the Des Plaines Planting
Guide to provide guidance, suggestions, and a list of prohibited plants citywide. This
guide will be separate from the Des Plaines Zoning Ordinance in order to allow for
administrative updates and approval from the zoning administrator.
Staff recommended adding references to the Des Plaines Planting Guide for the benefit
of individuals looking to add landscape improvements on their property, which is
referenced twice under Section 12-10-4(A), "Selection, Installation, and Maintenance
of Plant Materials".
Economic Development Coordinator Patrick Ainsworth reviewed the proposed text
amendments.
The Planning and Zoning Board recommended 7-0 that the City Council approve the
above-mentioned Text Amendments.
Staff recommended approval of Ordinance Z-8-20.
Moved by Moylan, seconded by Zadrozny, to Approve Ordinance Z-8-20, AN
ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING
ORDINANCE RELATED TO LANDSCAPING AND SCREENING. Upon voice
vote, motion carried.
Moved by Rodd, seconded by Brookman, to Advance to Second Reading and Adopt
Ordinance Z-8-20, AN ORDINANCE AMENDING THE TEXT OF THE DES
PLAINES ZONING ORDINANCE RELATED TO LANDSCAPING AND
SCREENING. Upon roll call, the vote was:
AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith
NAYS: 0- None
ABSENT: 1 Goczkowski
Motion declared carried.
Community and Economic Development Director Michael McMahon reviewed a
memorandum dated January 29, 2020.
The petitioner, Melvin Ordonez, has requested a Conditional Use Permit to operate an
auto body repair facility, Blessing Automotive LLC, at 1300 Miner Street, Suite 1.
Auto body repair requires a Conditional Use Permit in the C-3 General Commercial
District. The petitioner proposes to locate the auto body repair business in Suite 1,
which will contain four total service bays and 479 -square feet of retail space after
construction.
(Cont.)
DISCUSS
REVOCATION/CU
PERMIT MOTOR
VEHICLE SALES/
1065 LEE STREET:
Page 8 of 9 02/18/20
The existing 3,720 -square foot tenant space will be improved with four service bays, a
retail area with an office and kitchenette, a spray booth, a mixing room, three separate
storage areas on a mezzanine level, and four off-street parking spaces as shown on the
Floor Plans. Auto repair facilities are required to provide two parking spaces per
service bay, plus one space for every 200 square feet of accessory retail, which requires
a total of 11 off-street parking spaces. Given the unique shape of the property and the
small size of the existing parking lot, four of these spaces will be located inside the
building while seven will be located in the outdoor parking lot specifically designated
for this applicant.
Blessing Automotive will be open from 8:OOam to 6:OOpm, Monday through Friday
and 9:OOam to 2:OOpm on Saturday. Their services will include removal of damaged
auto body parts; realigning car frames and chassis; patching dents and repairing minor
auto body damage; and fitting, attaching and welding replacement parts in place.
Additionally, priming, painting and applying finish to restored parts will take place
inside a prefabricated fireproofed spray booth with a filtered exhaust system. Due to
the small lot and prominent location several conditions are being recommended by
staff to enhance the property and minimize any visual impacts.
The Planning and Zoning Board recommended 7-0 that the City Council approve the
request with the eight conditions found in the staff report.
Staff recommended approval of Ordinance Z-7-20.
Moved by Lysakowski, seconded by Rodd, to Approve Ordinance Z-7-20, AN
ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE
OPERATION OF AN AUTO BODY REPAIR ESTABLISHMENT AT 1300 MINER
STREET, SUITE 1, DES PLAINES, ILLINOIS (CASE #20 -00 -CU). Upon voice
vote, motion declared carried.
Community and Economic Development Director Michael McMahon reviewed a
memorandum dated February 6, 2020.
Staff recommended the revocation of Conditional Use Ordinance Z-16-01 and
Conditional Use Amendment Ordinance Z-16-19 allowing the sale of personal
automobiles at 1065 Lee Street. Since the approval of the Conditional Use Amendment
Ordinance, staff has discovered several violations of the conditional use regulations
and the City Municipal Code on the subject property.
Mr. Michael Difatta is the owner of MD & SD, LLC (Midwest Automotive), an auto
service repair business located at 1065 Lee Street. Mr. Difatta received approval for a
conditional use from City Council in October 2001 to sell a maximum of four personal
automobiles on the site. In August 2019, the Owner petitioned and received an
amended conditional use to increase the automobiles displayed for sale to ten.
In August 2018, the City's Code Enforcement Division opened a case regarding the
sale of a recreational vehicle and boat on the subject property. Staff also determined
that the owner was storing vehicles and other equipment on the adjoining Sahil Grill
restaurant parking lot. On September 25, 2018, staff sent a citation to the property
(Cont.)
Page 9 of 9 02/18/20
owner requiring him to attend an Administrative Hearing on October 4, 2018. Just prior
to the Administrative Hearing, staff inspected the subject property again and observed
a boat, recreational vehicle, and seven automobiles being displayed for sale. At the
Administrative Hearing, Louis Capozzoli, on behalf of the property owner, stated that
the boat and recreational vehicle will be removed from the site and that the owner will
apply for a conditional use amendment to display additional automobiles for sale.
As part of the direction given at the Administrative Hearing, the petitioner applied for
a conditional use amendment. On July 1, 2019, City Council approved the conditional
use amendment on first read; however, on July 15, 2019, City Council denied the
request on second read. On August 5, 2019, the City Council approved a motion to
reconsider the request. On August 19, 2019 the City Council approved Ordinance
Z-16-19 allowing the display of up to ten automobiles for sale with seven conditions.
In the months that followed, the City's Code Enforcement Coordinator conducted
several visual inspections of the Subject Property and found violations of several of
the conditions.
In a Notice of Violation dated December 11, 2019, the owner was informed that the
City of Des Plaines has determined that the Subject Property is in violation of
provisions of the City's Code of Ordinances, and more significantly the expressed
provisions of Ordinance Z-16-19. The notice, in accordance with the procedures set
forth in Section 12-4-7 City's Zoning Ordinance, afforded him the right to have a
public hearing at City Hall. The hearing date was scheduled for January 8, 2020 at
9:00 am in Room 101. The Owner nor his attorney contacted the City to request the
public hearing or appeared at City Hall on that date. The evidence collected was
reviewed and it was determined that there is sufficient evidence to warrant revocation
of both conditional use ordinances.
Attorney Louis Capozzoli addressed some of the concerns expressed by the Aldermen.
Mr. Michael Difatta answered questions from the Aldermen.
Moved by Chester, seconded by Rodd, to direct staff to draft an Ordinance to revoke
the Conditional Use Permit for Motor Vehicle Sales at 1065 Lee Street. Upon voice
vote, motion declared carried.
ADJOURNMENT: Moved by Brookman, seconded by Moylan, to adjourn the meeting. Motion declared
carried. The meeting adjourned at 8:43 p.m.
*4_Gt.
APPROVED BY ME THIS l
DAY OF c��'�!� L , 2020
Ma , MAYOR f, Tr,n
Dorn
Laura Fast — Deputy City Clerk