Council Minutes 03-02-20MINUTES 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,
MONDAY, MARCH 2, 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 7:00 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, March 2, 2020.
ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd,
Zadrozny, Brookman, Chester, Smith, 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 Rodd, seconded by Brookman to appoint Alderman Smith as
Mayor Pro Tem for tonight's meeting only. 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 earned.
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 Reverend Gary Houdek of the Golf Road Baptist Church
PLEDGE: followed by the Pledge of Allegiance to the Flag of the United States of America.
PUBLIC Resident Wayne Serbin inquired if Rivers Casino needs a new liquor license due to
COMMENT: their new recent partnership. Mayor Pro Tem Smith responded that the Licensing
Department will confirm that all their licensing is correct.
CONSENT
AGENDA:
Moved by Rodd, seconded by Moylan, to establish the Consent Agenda. Motion
declared unanimously carried.
Moved by Chester, seconded Brookman, 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-5-20 and Z-7-20 were adopted; Resolutions
R-50-20, R-52-20, R-53-20, R-54-20, R-55-20, R-56-20 were approved.
APPROVE
REDUCTION OF
SECURITY/
LEXINGTON
POINT/
783-841 LEE ST:
Consent Agenda
Resolution
R-50-20
APPROVE
WAIVING BID
REQUIREMENTS/
OAK BROOK
MECHANICAL:
Consent Agenda
Resolution
R-52-20
APPROVE
WAIVING BID
REQUIREMENTS/
JLJ
CONTRACTING:
Consent Agenda
Resolution
R-53-20
APPROVE
WAIVING BID
REQUIREMENTS/
L. MARSHALL
INC:
Consent Agenda
Resolution
R-54-20
APPROVE
WAIVING BID
REQUIREMENTS/
HILLSTONE
STRUCTURAL
SERVICES:
Consent Agenda
Page 2 of 8 03/02/20
Moved by Chester, seconded by Brookman, to Approve Resolution R-50-20, A
RESOLUTION APPROVING THE REDUCTION OF THE PUBLIC
IMPROVEMENT BOND FOR LEXINGTON POINTE, LLC. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Chester, seconded by Brookman, to Approve Resolution R-52-20, A
RESOLUTION APPROVING AN AGREEMENT WITH OAK BROOK
MECHANICAL SERVICES, INC. FOR THE SOUTH STOREFRONT HVAC
INSTALLATION PROJECT AT THE DES PLAINES THEATRE. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Chester, seconded by Brookman, to Approve Resolution R-53-20, A
RESOLUTION APPROVING AN AGREEMENT WITH JLJ CONTRACTING, INC.
FOR THE INSTALLATION OF STEEL MASONRY LINTELS AND BRICK FILL
AT THE DES PLAINES THEATRE. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Chester, seconded by Brookman, to Approve Resolution R-54-20, A
RESOLUTION APPROVING AN AGREEMENT WITH L. MARSHALL ROOFING
AND SHEET METAL, INC FOR THE SOUTH ROOF REPLACEMENT PROJECT
AT THE DES PLAINES THEATRE. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Chester, seconded by Brookman, to Approve Resolution R-55-20, A
RESOLUTION APPROVING AN AGREEMENT WITH HILLSTONE
STRUCTURAL SERVICES, INC FOR THE INSTALLATION OF STRUCTURAL
STEEL AT THE DES PLAINES THEATRE. Motion declared carried as approved
unanimously under Consent Agenda.
(Cont.)
Resolution
R-55-20
APPOINTMENT
OF ELROD
FRIEDMAN, LLP
AS GENERAL
COUNSEL:
Consent Agenda
Resolution
R-56-20
SECOND
READING/
ORDINANCE
M-5-20:
Consent Agenda
SECOND
READING/
ORDINANCE
Z-7-20:
Consent Agenda
APPROVE
MINUTES:
Consent Agenda
APPROVE
MINUTES:
Consent Agenda
NEW BUSINESS:
WARRANT
REGISTER:
Page 3 of 8 03/02/20
Moved by Chester, seconded by Brookman, to Approve Resolution R-56-20, A
RESOLUTION RATIFYING THE APPOINTMENT BY THE CITY MANAGER OF
ELROD FRIEDMAN LLP AS GENERAL COUNSEL AND APPROVING THE
COMPENSATION OF THE GENERAL COUNSEL. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Chester, seconded by Brookman, to Approve Second Reading 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 Chester, seconded by Brookman, to Approve Second Reading 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). Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Chester, seconded by Brookman, to approve the Minutes of the City Council
meeting of February 18, 2020, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Chester, seconded by Brookman, to approve the Closed Session Minutes of
the City Council meeting of February 18, 2020, as published. Motion declared carried
as approved unanimously under Consent Agenda.
FINANCE & ADMINISTRATION — Alderman Chester, Chairman
Alderman Chester presented the Warrant Register for consideration.
Moved by Chester, seconded by Brookman, to recommend approval of the
March 2, 2020 — Warrant Register in the Amount of $2,604,698.03 and further
recommend that Resolution R-51-20 be adopted at appropriate time this evening.
Upon roll call, the vote was:
(Cont.)
CONSIDER TEXT
AMENDMENTS
TO THE ZONING
CODE:
CONSIDER
MAJOR
VARIATION/
TWO CARPORTS/
JIDD MOTORS/
855 RAND ROAD:
Page 4 of 8 03/02/20
AYES: 8- Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith, Goczkowski
NAYS: 0- None
ABSENT: 0- None
Motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Rodd, Chair
Director of Community and Economic Development Michael McMahon reviewed a
memorandum dated February 12, 2020.
For the past 12 years, the City of Des Plaines Zoning Ordinance has required two off
street parking spaces for every multi -family dwelling unit. Our Zoning Ordinance does
not differentiate between an efficiency apartment unit and a three bedroom townhome
so all units require the same two off street parking spaces per unit. This is an inefficient
land use policy given much of the multi -family, transit -oriented development (TOD)
projects are occurring near the City's two Metra train stations. The 2019 Des Plaines
Comprehensive Plan touches on this specific land use regulation and recommends
lowering this requirement for compact developments near transit stations. Staff
recommended to amend this parking regulation to be in-line with other communities
with established TOD projects and to capture more redevelopment opportunities. Staff
recommended new regulations for the C-5, R-4 and C-3 PUD zoning districts and
keeping the parking regulation for all multi -family units at two spaces per unit in the
R-3 zoning district.
The Planning and Zoning Board recommended (6-0) that the City Council approve the
proposed text amendments to the 1998 Des Plaines Zoning Ordinance, as amended: (i)
Section 12-7-3.H.6, to update the Supplemental Parking Requirements for multiple -
family dwelling uses; (ii) Section 12-9-7, to update certain regulations for Off Street
Parking Requirements pertaining to multiple -family dwellings, and two-
family/townhouses (single-family attached); and (iii) Section 12-3-5-1, to update
certain parking regulations for Mixed Use Developments.
Staff recommended approval of Ordinance Z-9-20.
Moved by Rodd, seconded by Zadrozny, to Approve Ordinance Z-9-20, AN
ORDINANCE AMENDING THE TEXT OF VARIOUS SECTIONS OF THE
DES PLAINES ZONING ORDINANCE REGARDING OFF STREET PARKING
REGULATIONS. Upon voice vote, motion carried.
Director of Community and Economic Development Michael McMahon reviewed a
memorandum dated February 12, 2020.
The petitioner, Anthony Baroud, on behalf of Jidd Motors, is requesting major
variations to allow: i) two 800 -square foot carports that are in excess of the 720 -square
foot maximum area permitted for carports; and ii) two detached accessory structures
for parking when only one is permitted at 855 Rand Road in the C-3, General
Commercial zoning district. This 3.74 -acre property currently contains a one-story car
dealership with a mezzanine and showroom. Staff met with the petitioner on
November 5, 2019 to discuss the request for the installation of the two carports and
(Cont.)
CONSIDER
MAJOR
VARIATION/
CARPORT AND
GARAGE/
1313 RAND ROAD:
Page 5 of 8 03/02/20
discovered that the carports were already installed on the subject property. The two
carports were installed without a permit and are currently located in the rear of the
property—one alongside the west building elevation and the other alongside the west
property line.
The petitioner proposes to maintain the use of both carports on the property for
equipment storage and vehicle shelter from the elements during service mechanic
inspections—neither of the carports will be utilized for auto service operations related
to Jidd Motors.
The Planning and Zoning Board recommended (6-0) that the City Council approve the
request with the condition found in the staff report:
1. That no auto service operations shall be conducted inside either carport structure at
any time.
Staff recommended approval of Ordinance Z-10-20.
Several Aldermen expressed their concern that the petitioner did not obtain a permit
before installing the carports and that the petitioner was not present this evening.
Staff will contact the petitioner to request that a representative be present at the
March 16, 2020 City Council meeting.
Moved by Lysakowski, seconded by Rodd, to Approve Ordinance Z-10-20, AN
ORDINANCE APPROVING MAJOR VARIATIONS FOR SECTION 12-8-1.0 OF
THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT TWO
CARPORTS AT 855 RAND ROAD, DES PLAINES, ILLINOIS. Upon voice vote,
motion carried.
Director of Community and Economic Development Michael McMahon reviewed a
memorandum dated February 12, 2020.
The petitioner, Anthony Baroud, on behalf of Jidd Motors, is requesting Major
Variations to allow: i) an 800 -square foot carport structure that is in excess of the 720 -
square foot maximum area permitted for carport structures; and ii) a 400 -square foot
detached garage as a second detached accessory parking structure at 1313 Rand Road
in the M-2, General Manufacturing district. This 3.67 -acre property currently contains
a one-story car dealership with a mezzanine and showroom. Staff met with the
petitioner on November 5, 2019 and discovered that a detached garage and carport
structure had already been installed at 1313 Rand Road. Both structures were installed
without a permit and are currently located less than a foot away from each other in the
rear of the property along the rear property line. Staff informed the petitioner at the
meeting that major variations would be required for the carport structure since it
exceeds the maximum area permitted for carports and the detached garage since it is a
second detached accessory parking structure on the property where only one parking
structure is permitted. The petitioner has also requested two major variations for the
use of two carports exceeding 720 -square feet at 855 Rand Road (Case 19-081-V) for
storage purposes.
(Cont.)
CONSIDER CU
/ALTERNATIVE
SIGN
REGULATION/
FAIRFIELD INN/
2350 MANNHEIM
ROAD:
Page 6 of 8 03/02/20
The petitioner proposes to maintain the use of the detached garage for vehicle storage
and the carport for equipment storage and salt material storage—neither the detached
garage nor the carport structure will be utilized for auto service operations related to
Jidd Motors.
The Planning and Zoning Board recommended (6-0) that the City Council approve the
request with the condition found in the staff report:
1. That no auto service operations shall be conducted inside the detached garage or
carport structure at any time.
Staff recommended approval of Ordinance Z-11-20.
Several Aldermen expressed their concern that the petitioner did not obtain a permit
before installing the carport and detached garage and that the petitioner was not present
this evening.
Staff will contact the petitioner to request that a representative be present at the
March 16, 2020 City Council meeting.
Moved by Lysakowski, seconded by Zadrozny, to Approve Ordinance Z-11-20, AN
ORDINANCE APPROVING MAJOR VARIATIONS FROM SECTION 12-8-1.0 OF
THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT AN
OVERSIZED CARPORT AND SECOND DETACHED GARAGE AT 1313 RAND
ROAD, DES PLAINES, ILLINOIS. Upon voice vote, motion declared carried.
Director of Community and Economic Development Michael McMahon reviewed a
memorandum dated February 12, 2020.
The petitioner, Aleksandr Vaysman, on behalf of United Hospitality and Mannheim
LLC received approval from the Des Plaines City Council in 2017 for a PUD to
construct a new 136 -room hotel, Fairfield Inn and Suites. The petitioner is now
requesting a Localized Alternative Sign Regulation (LASR) to install four new wall
signs on a new five -story Fairfield Inn and Suites that is currently under construction.
The total site is approximately 5.81 acres and also contains a 246 -room Wyndham
Chicago O'Hare hotel and a 5,500 square foot LongHorn Steakhouse restaurant.
The proposed signage was designed in accordance with Marriott project standards and
will provide the hotel with an appropriate amount of visibility and commercial
exposure. Given the unique position of the property and its location between two
existing facilities staff finds the request necessary in order to provide visibility for users
coming from multiple directions. LASRs are allowed when the subject property(s)
is/are within a Planned Unit Development. This property is located in a PUD with the
Wyndham and LongHorn Steakhouse restaurant via Ordinance Z-24-17.
LASRs generally allows more signage and flexibility as compared to the Zoning
Ordinance due to the size of the property, the configuration of buildings and the variety
of uses. In this case, the hotel building location does not allow the same direct means
to identify the use as compared to a hotel that is on a corner. Additionally, the east
elevation is the street facing elevation, but it is also one of the narrowest elevations
Page 7 of 8 03/02/20
(Cont.) which limits the way that signage can be placed on the building and allow potential
customers to identify the business.
CONSIDER
CU/MOTOR
VEHICLE SALES/
1065 LEE STREET:
Four wall signs are proposed on the facade of the hotel: two on the north elevation of
the building and one on the south and east elevations. All signs identify the Fairfield
Inn and Suites logo and will be internally illuminated.
The Planning and Zoning Board recommended (6-0) that the City Council approve the
proposed sign plan with the following condition.
1) That any structural raceway be painted at time of installation to match the
exterior wall color to which each wall sign is attached.
Staff recommended approval of Ordinance Z-12-20.
Moved by Lysakowski, seconded by Rodd, to Approve Ordinance Z-12-20, 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 12, 2020.
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
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.
(Cont.)
Page 8 of 8 03/02/20
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.
Staff recommended the revocation of Conditional Use Ordinance Z-16-01 and
Conditional Use Amendment Ordinance Z-16-19.
Moved by Moylan, seconded by Zadrozny, to Approve Ordinance Z-13-20, AN
ORDINACE REVOKING AND RESCINDING ORDINANCE NO. Z-16-01,
WHICH APPROVED A CONDITIONAL USE PERMIT TO FOR MOTOR
VEHICLE SALES AT 1065 LEE STREET, DES PLAINES. ILLINOIS, AND
ORDINANCE NO. Z-16-19 WHICH AMENDED ORDINANCE NO. Z-16-01.
Upon voice vote, motion declared carried.
ADJOURNMENT: Moved by Brookman, seconded by Chester, to adjourn the meeting. Motion declared
carried. The meeting adjourned at 7:41 p.m.
APPROVED BY ME THIS �?
atuut� -zo,
Laura Fast — Deputy City Clerk