20200316 Council Packet, AMENDED AGENDA WITH ATTACHMENTAS AMENDED 3/13/2020
NEW BUSINESS #3A. ADDED
City Council Agenda
Monday, March 16, 2020
Regular Session – 7:00 p.m.
Room 102
CALL TO ORDER
REGULAR SESSION
ROLL CALL
PRAYER
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
(Matters not on the Agenda)
ALDERMEN ANNOUNCEMENTS/COMMENTS
MAYORAL ANNOUNCEMENTS/COMMENTS
CITY CLERK ANNOUNCEMENTS/COMMENTS
MANAGER’S REPORT
CITY ATTORNEY/GENERAL COUNSEL REPORT
Monday, March 16, 2020 City of Des Plaines City Council Agenda Page | 2
CONSENT AGENDA
1. RESOLUTION R-57-20: Approving the Purchase of Ammunition from Illinois State Bid Awardees, Ray
O’Herron Co., Inc., Danville, IL and Kiesler Police Supply, Inc., Jeffersonville, IN, in the Not-to-Exceed
Amount of $50,000. Budgeted Funds – Police Department Support Services/Supplies for Police Range.
2. RESOLUTION R-59-20: Approving Task Order No. 3 with Ayres Associates, Inc., Madison, WI in the
Amount of $63,272.00 for High Density Lidar Acquisition. Budgeted Funds – Geographic Information
Systems.
3. RESOLUTION R-60-20: Approving the Purchase of Twenty-One (21) Tactical Vests and Accessories as
Ballistic Equipment for the Tactical Response Team (TRT) from Uniform Den East, Loves Park, IL at a Cost
Not-to-Exceed $67,567.50. Budgeted Funds – Asset Forfeiture Account.
4. RESOLUTION R-61-20: Approving the Purchase of One (1) Ford Police Interceptor Utility Vehicle from
Currie Motors, Frankfort, IL at a Cost Not-to-Exceed $33,481.00. Budgeted Funds – Police Department
Equipment Replacement Fund.
5. RESOLUTION R-62-20: Approving the Purchase of One (1) Ford Transit Connect Wagon from Roesch
Ford, Bensenville, IL at a Cost Not-to-Exceed $26,788.00. Budgeted Funds – Police Department Equipment
Replacement Fund.
6. RESOLUTION R-63-20: Approving the Purchase of One (1) Ford Escape SUV from Currie Motors,
Frankfort, IL at a Cost Not-to-Exceed $22,037.00. Budgeted Funds – Police Department Equipment
Replacement Fund.
7. RESOLUTION R-64-20: Approving the Purchase of Two (2) Ford Transit Connect Vans from Roesch Ford,
Bensenville, IL at a Cost Not-to-Exceed $45,771.00. Budgeted Funds – Police Department Equipment
Replacement Fund.
8. RESOLUTION R-65-20: Approving Task Order No. 3 with FGM Architects, Inc., in the Amount of
$775,500 Plus $7,500 for Reimbursable Expenses for a Total of $783,000 for Architectural Design Services
Related to the Police Station Addition. Budgeted Funds – Facilities Replacement.
9. SECOND READING – Z-9-20: Consideration of Text Amendments to the Des Plaines Zoning Code for
Updates to the Following Near Multi-Modal Transit Centers: Supplemental Parking Requirements for
Multiple Family Dwelling Uses, Off-Street Parking Requirements for Multiple and Single Family Attached
Family Dwellings, and Certain Parking Regulations for Mixed-Use Developments
10. SECOND READING – Z-12-20: Consideration of a Conditional Use Permit for a Localized Alternative Sign
Regulation to Allow for Increased Wall Signage for Fairfield Inn, 2350 Mannheim Road
11. SECOND READING – Z-13-20: Revocation of Conditional Use Permits Issued Via Ordinance Z-16-01 and
Ordinance Z-16-19 for Motor Vehicle Sales at 1065 Lee Street
12. Minutes/Regular Meeting – March 2, 2020
Monday, March 16, 2020 City of Des Plaines City Council Agenda Page | 3
UNFINISHED BUSINESS
1. SECOND READING – ORDINANCE Z-10-20: Consideration of Major Variation Requests to Allow Two
Carports Exceeding 720-Square Feet and a Second Detached Accessory Parking Structure for Jidd Motors,
855 Rand Road
2. SECOND READING – ORDINANCE Z-11-20: Consideration of a Major Variation Request to Allow a
Carport Structure Exceeding 720-Square Feet and a 400-Square Foot Detached Garage as a Second Detached
Accessory Parking Structure for Jidd Motors, 1313 Rand Road
NEW BUSINESS
1. FINANCE & ADMINISTRATION – Alderman Malcolm Chester, Chair
a. Warrant Register in the Amount of $4,220,275.03 – RESOLUTION R-66-20
2. COMMUNITY DEVELOPMENT – Alderman Denise Rodd, Chair
a. Consideration of a Conditional Use Permit for a Trade Contractor Establishment and Major Variations
for Parking at 1730-1736 East Oakton Street – ORDINANCE Z-14-20
b. Consideration of Extension of Business Assistance Grant Deadline for Façade and Awning
Improvements at 81-83 Broadway Street Approved Via Resolution R-105-18 – RESOLUTION
R-67-20
3. MAYORAL CONSIDERATIONS – Mayor Matthew Bogusz
a. Consideration of an Amendment of Chapter 5 of Title 6 of the City Code Regarding Civil Emergencies
– ORDINANCE M-6-20
OTHER MAYOR/ALDERMEN COMMENTS FOR THE GOOD OF THE ORDER
ADJOURNMENT
City of Des Plaines, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who require
certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the accessibility of the
meeting(s) or facilities, contact the ADA Coordinator at 391-5486 to allow the City to make reasonable accommodations for these
persons.
CITY MANAGER’S OFFICE
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5488
desplaines.org
Date: March 13, 2020
To: Mayor Bogusz and Aldermen of the City Council
From: Michael G. Bartholomew, City Manager
Subject: Amendment of Chapter 5 of Title 6 of the City Code
Please see attached Ordinance M-6-20 for your consideration regarding civil emergencies. These
amendments do two important things. First, it defines civil emergencies to include pandemics to include the
one we are currently facing with COVID-19. Second, it allows the Mayor to enact one proclamation of
emergency rather than two.
Attachment: Ordinance M-6-20
MEMORANDUM
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NEW BUSINESS #3A.
CITY OF DES PLAINES
ORDINANCE M - 6 - 20
AN ORDINANCE AMENDING CHAPTER 5 OF TITLE 6 OF
THE CITY CODE REGARDING CIVIL EMERGENCIES.
WHEREAS, the City is a home rule municipal corporation in accordance with Article VII,
Section 6(a) of the Constitution of the State of Illinois of 1970; and
WHEREAS, Chapter 5 of Title 6 of the City Code of the City of Des Plaines (“City Code”)
provides specific procedures for the declaration of a “civil emergency” and grants the elected
officials of the City with extraordinary powers in the event of a disaster; and
WHEREAS, pursuant to the authority granted by State law including, without limitation,
Section 11-1-6 of the Illinois Municipal Code, 65 ILCS 5/11-1-6, the City Council desires to
amend Chapter 5 of Title 6 of the City Code to update and clarify the City’s emergency procedures
and protocols; and
WHEREAS, the City Council has determined that it will serve and be in the best interest
of the City and its residents to amend the City Code pursuant to this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1. RECITALS. The recitals set forth above are incorporated herein by
reference and made a part hereof.
SECTION 2: CIVIL EMERGENCIES. Chapter 5, entitled “Civil Emergencies” of
Title 6, entitled “Police Regulations," of the City Code is hereby re-titled and amended in its
entirety, as set forth in Exhibit A attached to and, by this reference, made a part of this Ordinance.
SECTION 3. SEVERABILITY. If any paragraph, section, clause or provision of this
Ordinance is held invalid, the remainder shall continue in full force and effect without affecting
the validity of the remaining portions of the Ordinance.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage, approval and publication in pamphlet form according to law.
[SIGNATURE PAGE FOLLOWS]
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PASSED this day of , 2020.
APPROVED this day of , 2020.
VOTE: Ayes Nays Absent
MAYOR
ATTEST:
CITY CLERK
Published in pamphlet form this Approved as to form:
____ day of _______________, 2020
CITY CLERK Peter M. Friedman, General Counsel
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EXHIBIT A
AMENDED CHAPTER 5
Chapter 5 of Title 6 of the Des Plaines City Code shall be replaced in its entirety by the following
provisions:
CHAPTER 5: CIVIL EMERGENCIES
6-5-1: Definitions.
Wherever the following words or phrases are used, they shall, for purposes of this
Chapter 5, have the meanings ascribed to them in this Section 6-5-1 except when the context
otherwise indicates. All words or phrases not defined in this Section 6-5-1- shall have the
meanings ascribed to them in the Illinois Emergency Management Agency Act, as amended
[20 ILCS 3305/1 et seq.].
Civil Emergency. A “Disaster” as defined in the Illinois Emergency Management
Agency Act, as amended. Specifically, and without limitation of the foregoing, a “civil
emergency” includes the appearance of a novel or previously controlled or eradicated
infectious agent or biological toxin.
6-5-2: Declaration of Civil Emergency.
Pursuant to the authority granted by State law, including, without limitation, Section
11-1-6 of the Illinois Municipal Code, and the city’s home rule authority, whenever the
mayor determines that a civil emergency exists in the city, the mayor shall have the
extraordinary power and authority to exercise by executive order all such powers of the
corporate authorities and other officers of the city as may be reasonably necessary or
appropriate to eliminate or minimize the dangers arising from such civil emergency and for
the protection of the health, safety and general welfare of the public; provided, however, that
prior to exercising any such extraordinary power and authority, the mayor shall have
executed under oath a written declaration of civil emergency containing the following:
A. An express declaration that a civil emergency exists; and
B. A statement of facts known to the mayor, either directly or upon information
and belief, which describes the nature of the civil emergency and substantiates the finding
that a civil emergency exists.
Unless expressly stated otherwise, a declaration issued pursuant to this Section 6-5-2 shall be
considered a local disaster declaration made pursuant to Section 11 of the Emergency
Management Agency Act.
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6-5-3: Orders by the Mayor.
The Mayor may, upon the issuance of a declaration of civil emergency in accordance
with Section 6-5-3 of this Code, issue orders to implement any or all of the following:
A. The imposition of a curfew applicable to such geographical areas of the City
or to the City as whole, as deemed advisable by the Mayor, and applicable during such hours
of the day or night as deemed necessary by the Mayor in the interest of the public safety and
welfare;
B. The discontinuance of selling, distributing, or giving away of gasoline or other
liquid flammable or combustible products in any container other than a gasoline tank
properly affixed to a motor vehicle;
C. The closure of any business establishment anywhere within the City for the
period of civil emergency, including, without limitation, businesses selling intoxicating
liquors, gasoline, or firearms;
D. The closure of any public street, thoroughfare or vehicle parking areas to
vehicular and/or pedestrian traffic;
E. The calling upon regular and auxiliary law enforcement agencies and
organizations without or within the City to assist in preserving and keeping the peace within
the City;
F. The authorization of the Mayor, the City Manager, or the Des Plaines
homeland security and emergency management agency (HSEMA), to enter into contracts
for the procurement of supplies and services necessary to address the civil emergency that
would normally require the approval of the full City Council;
G. The incurrence of obligations, the appropriation of funds, and the provision of
emergency assistance reasonably necessary to respond to or mitigate the civil emergency;
H. The prohibition of increases in the prices of goods and services sold within the
City; and
I. Any other actions reasonably necessary to address the civil emergency and
protect life and property.
6-5-4: Notice.
A declaration of civil emergency shall be: (i) filed with the City Clerk as soon as
practicable; (ii) promptly disseminated to the news media; and (iii) promptly posted at the
City Hall, the post office, and on the City’s social media pages and website.
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6-5-5: Term; Extension; Termination.
A. Term. A declaration of civil emergency shall expire and automatically
terminate, if not extended pursuant to Section 6-5-5(B) of this Code, not later than: (i) the
adjournment of the first regular or special meeting of the city council; or (ii) seven days after
the declaration is issued, whichever occurs first.
B. Extension. The City Council may by motion extend the initial duration of a
declaration of civil emergency and any orders issued by the mayor in connection therewith.
The extension shall be for the duration necessary and in the best interest of the city and the
public to address the continuing civil emergency as determined by the city council.
C. Termination by the Mayor. A declaration of civil emergency may be otherwise
terminated at any time in writing and executed by the mayor.
6-5-6: Violations; Penalty.
Any person who violates the provisions of this Chapter 5 or of any order issued
pursuant to this Chapter 5 shall be subject to penalties as provided pursuant to section 1-4-
1 of this Code.
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