Council Minutes 02-03-20MINUTES 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, FEBRUARY 3, 2020
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 6:04 p.m. in the Eleanor Rohrbach Memorial Council
Chambers, Des Plaines Civic Center on Monday, February 3, 2020.
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 Smith to enter into Closed Session to discuss Acquisition
SESSION: 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 6:05 p.m.
The City Council re -convened at 7:00 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 Anderson, Police Chief Kushner, and General Counsel Friedman.
PRAYER AND The prayer was offered by Mayor Bogusz, followed by the Pledge of Allegiance to the
PLEDGE: Flag of the United States of America.
PUBLIC Resident Craig Weiss expressed concern over the method Vetter Manufacturing will
COMMENT: use to sterilize or store sterilized products. City Manager Bartholomew responded that
Vetters said they will not use ethylene oxide and that this will be verified when they
apply for their building permit and submit a method and plan of operation.
CONSENT
AGENDA:
Moved by Rodd, seconded by Moylan, to establish the Consent Agenda. Motion
declared unanimously carried.
Staff requested that Item 3, Resolution R-32-20, be removed.
Alderman Rodd requested that Item 9, Ordinance M-4-20, be removed for discussion.
Moved by Smith, seconded Brookman, to approve the Consent Agenda. Upon roll
call, the vote was:
(Cont.)
APPROVE CITY
CODE
AMENDMENT/
SEWER SYSTEM
REGULATIONS:
Consent Agenda
Ordinance
M-3-20
APPROVE TASK
ORDER/TROTTER
& ASSOCIATES:
Consent Agenda
Resolution
R-31-20
AWARD BID/CITY
HALL 6TH FLOOR
MASONRY
REPAIRS/
SAFEWAY
TUCKPOINTING:
Consent Agenda
Resolution
R-32-20
APPROVE
PURCHASE/
ASPHALT HOT
BOX/MIDWEST
PAVING
EQUIPMENT:
Consent Agenda
Resolution
R-33-20
Page 2 of 6 02/03/20
AYES: 8- Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith, Goczkowski
NAYS: 0 None
ABSENT: 0- None
Motion declared carried.
Minutes were approved; Ordinance M-3-20; Resolutions R-31-20, R-33-20, R-34-20,
R-35-20, R-36-20, R-37-20 were approved.
Moved by Smith, seconded by Brookman, 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 Smith, seconded by Brookman, to Approve Resolution R-31-20, A
RESOLUTION APPROVING TASK ORDER NO 1 UNDER A MASTER
CONTRACT WITH TROTTER & ASSOCIATES INC FOR PROFESSIONAL
ENGINEERING SERVICES. Motion declared carried as approved unanimously
under Consent Agenda.
Staff removed this item for further review.
Moved by Brookman, seconded by Chester, to Table Resolution R-32-20, A
RESOLUTION APPROVING A CONTRACT WITH SAFEWAY TUCKPOINTING
CO. FOR THE DES PLAINES CITY HALL 6TH FLOOR MASONRY REPAIRS
PROJECT. Motion declared carried as approved unanimously under Consent Agenda.
Moved by Smith, seconded by Brookman, to Approve Resolution R-33-20, A
RESOLUTION AUTHORIZING THE PURCHASE OF A THREE -TON FALCON
ASPHALT HOT BOX FROM MIDWEST PAVING EQUIPMENT, INC. Motion
declared carried as approved unanimously under Consent Agenda.
APPROVE
AGMT/VILLAGE
OF ELK GROVE/
EMERGENCY
WATER MAIN
INTERCONNECTION
Consent Agenda
Resolution
R-34-20
APPROVE
MINUTES:
Consent Agenda
AWARD BID/
2020 PURCHASE
OF HOT MIX
ASPHALT/
ARROW ROAD
CONSTRUCTION:
Consent Agenda
Resolution
R-35-20
AWARD BID/
2020 ASPHALT
CRACK SEALING/
DENLER INC:
Consent Agenda
Resolution
R-36-20
APPROVE CITY
CODE
AMENDMENT/
ILLINOIS PUBLIC
ACT 101-0221:
Consent Agenda
Ordinance
M-4-20
Page 3 of 6 02/03/20
Moved by Smith, seconded by Brookman, to Approve Resolution R-34-20, A
RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE VILLAGE OF ELK GROVE IN CONNECTION WITH A WATER
MAIN INTERCONNECT RELATED TO THE ELGIN-O'HARE WESTERN
ACCESS PROJECT. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Smith, seconded by Brookman, 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 Smith, seconded by Brookman, to Approve Resolution R-35-20, A
RESOLUTION APPROVING AN AGREEMENT FOR THE PURCHASE OF HOT
MIX ASPHALT FROM ARROW ROAD CONSTRUCTION COMPANY. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Smith, seconded by Brookman, to Approve Resolution R-36-20, A
RESOLUTION APPROVING AN AGREEMENT WITH DENLER INC FOR
ASPHALT CRACK SEALING AND CONCRETE JOINT SEALING. Motion
declared carried as approved unanimously under Consent Agenda.
Alderman Rodd requested that this item be removed for discussion. Alderman Rodd
explained that this item is Illinois Public Act 101-0221 which provides a mechanism
for reporting and an independent review of allegation of sexual harassment made
against an elected official of a governmental unit.
Moved by Rodd, seconded by Chester, to Approve Ordinance M-4-20, AN
ORDINANCE AMENDING CHAPTER 9 OF TITLE 1 OF THE CITY CODE
REGARDING REPORTING AND INVESTIGATION OF SEXUAL
HARASSMENT CLAIMS. Upon voice vote, motion carried.
Moved by Rodd, seconded by Chester, to Advance to Second Reading and adopt
Ordinance M-4-20, AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 1 OF
THE CITY CODE REGARDING REPORTING AND INVESTIGATION OF
SEXUAL HARASSMENT CLAIMS. Upon roll call, the vote was:
(Comt.)
APPROVE TASK
ORDERS/
ARCHITECTURAL
CONSULTING
GROUP:
Consent Agenda
Resolution
R-37-20
NEW BUSINESS:
WARRANT
REGISTER:
CONSIDER
MAJOR
VARIATIONS/
201 W OAKTON
STREET:
ORDINANCE
Z-5-20
Page 4 of 6 02/03/20
AYES: 8- Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith, Goczkowski
NAYS: 0- None
ABSENT: 0- None
Motion declared carried.
Moved by Smith, seconded by Brookman, to Approve Resolution R-37-20, A
RESOLUTION RATIFYING AND CONFIRMING TASK ORDERS 10, 11, AND 12
AND AUTHORIZING SUPPLEMENTAL TASK ORDERS WITH
ARCHITECTURAL CONSULTING GROUP, LTD FOR ARCHITECTURAL AND
ENGINEERING SERVICES PERTAINING TO THE DES PLAINES THEATRE
RESTORATION AND REHABILITION. 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 Zadrozny, to recommend approval of the
February 3, 2020 — Warrant Register in the Amount of $3,103,230.60 and further
recommend that Resolution R-38-20 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.
COMMUNITY DEVELOPMENT — Alderman Rodd, Chair
Community and Economic Development Director McMahon reviewed a memorandum
dated January 15, 2020.
The petitioner, Shannon Kwit of HAI Hiffman, is requesting two variations to i) allow
for the replacement of one pole sign at 201 W Oakton Street on a lot with a lot frontage
of 48 feet where a minimum lot frontage of 75 feet is required and ii) reduce the
required setback in between the pole sign and the property line from 5 feet to 1.50 feet.
The petitioner's requests to replace a pole sign located along a street frontage of less
than 75 feet and to reduce the required sign setback from 5 feet to 1.50 feet constitute
the need for a major variation to Section 12-11-6(B) and Section 12-11-5(A) of the
1998 Des Plaines Zoning Ordinance, respectively.
(Cont.)
CONSIDER MAP
AMENDMENT
AND MAJOR
VARIATIONS/
1266 RAND ROAD:
ORDINANCE
Z-6-20
Page 5 of 6 02/03/20
The petitioner is requesting the replacement of the existing pole sign as the pole sign
is in disrepair and does not sufficiently identify the businesses. The petitioner proposes
to replace the existing pole sign with a 16 -foot tall by 6.77 -foot wide enclosed pole
sign structure.
Community and Economic Development staff recommended approval of the request
with three conditions. One condition was reiterated where a diagram will need to be
generated by a licensed engineer to show the sign positioned and installed in a manner
to meet all AASHTO visibility standards.
The Planning and Zoning Board recommended (6-0) that the City Council approve the
request with the three conditions found in the staff report.
Staff recommended approval of Ordinance Z-5-20.
Moved by Rodd, seconded by Goczkowski, to Approve Ordinance Z-5-20, AN
ORDINANCE APPROVING MAJOR VARIATIONS FROM SECTIONS 12-11-5.A
AND 12-11-6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE TO
PERMIT THE REPLACEMENT OF A POLE SIGN AT 201 W OAKTON STREET,
DES PLAINES, ILLINOIS (CASE #19-078-V). Upon voice vote, motion carried.
Moved by Rodd, seconded by Goczkowski, to Advance to Second Reading and Adopt
Ordinance Z-5-20, AN ORDINANCE APPROVING MAJOR VARIATIONS FROM
SECTIONS 12-11-5.A AND 12-11-6.B OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT THE REPLACEMENT OF A POLE SIGN AT
201 W OAKTON STREET, DES PLAINES, ILLINOIS (CASE #19-078-V). 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.
Community and Economic Development Director McMahon reviewed a memorandum
dated January 15, 2020.
The applicant, Pasquale Mauro, has requested a Map Amendment and Variations in
order to bring the property into conformity with the Zoning Ordinance. He is the owner
of Des Plaines Material & Supply, which has operated at 1269 East Golf Road since
2015. Hydraulic Pneumatic Corporation is the existing business operating on the
subject property at 1266 Rand Road and has utilized a portion of the subject building
since 2015. However, the rest of the building is vacant. Hydraulic Pneumatic
Corporation is classified as a manufacturing service use, which is not a permitted use
in the C-3 General Commercial District. However, the business was permitted to
continuously operate a legal non -conforming use per Des Plaines Zoning Ordinance
Code Section Title 12, Chapter 5: Nonconforming Uses and Structures.
The petitioner is not proposing any new buildings or alterations to the existing building,
but is requesting setback variations to bring the property back into compliance with the
zoning ordinance.
(Cont.)
Page 6 of 6 02/03/20
The Planning and Zoning Board recommended (6-0) that the City Council approve the
request with the three conditions:
1. All proposed activities shall solely take place on the subject property. No
operations associated with the applicant's business will be allowed on any other
property without first obtaining proper approvals.
2. All required off street parking spaces, loading spaces, and any allowed
storage/loading areas shall be improved with a dust -free hard surface, and comply
with all other regulations within 12 months of City Council approval.
3. That all businesses utilizing the existing building comply with all regulations in the
M-2, General Manufacturing zoning district.
Staff recommended approval of Ordinance Z-6-20.
Moved by Rodd, seconded by Lysakowski, to Approve Ordinance Z-6-20, AN
ORDINANCE APPROVING A ZONING MNAP AMENDMENT AND MAJOR
VARIATIONS AT 1266 RAND ROAD DES PLAINES ILLINOIS (CASE #19 -070 -
MAP -V). Upon voice vote, motion carried.
Moved by Rodd, seconded by Chester, to Advance to Second Reading and Adopt
Ordinance Z-6-20, AN ORDINANCE APPROVING A ZONING MAP
AMENDMENT AND MAJOR VARIATIONS AT 1266 RAND ROAD
DES PLAINES ILLINOIS (CASE #19 -070 -MAP -V). 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.
ADJOURNMENT: Moved by Brookman, seconded by Chester, to adjourn the meeting. Motion declared
carried. The meeting adjourned at 7:24 p.m.
Laura Fast — Deputy City Clerk
APPROVED BY ME THIS