20200803 Council Packet, AMENDED AGENDA WITH ATTACHMENT
City Council Agenda
Monday, August 3, 2020
Regular Session – 7:00 p.m.
Via Zoom Video Conference
publiccomments@desplaines.org
CALL TO ORDER
REGULAR SESSION
ROLL CALL
PRAYER
PLEDGE OF ALLEGIANCE
PUBLIC HEARING
CONSIDERATION OF A FINAL PLAT OF SUBDIVISION
FOR 1925 BUSSE HIGHWAY – RESOLUTION R-142-20
PUBLIC COMMENT – publiccomments@desplaines.org
ALDERMEN ANNOUNCEMENTS/COMMENTS
MAYORAL ANNOUNCEMENTS/COMMENTS
Motion to Extend Declaration of Civil Emergency
CITY CLERK ANNOUNCEMENTS/COMMENTS
MANAGER’S REPORT
CITY ATTORNEY/GENERAL COUNSEL REPORT
AS AMENDED 7/31/2020
NEW BUSINESS ITEM #2D. ADDED
Monday, August 3, 2020 City of Des Plaines City Council Agenda Page | 2
CONSENT AGENDA
1. RESOLUTION R-135-20: Waiving Bidding Requirements and Approving the Resolution for Konica
Minolta Business Solutions USA, Inc., Ramsey, New Jersey to Furnish, Install, and Service Fourteen (14)
Multi-Function Copiers for a Lease Amount Not-to-Exceed $87,650.16 Annually. Budgeted Funds – IT
General Fund/Printing Services and IT Replacement/Leases.
2. RESOLUTION R-136-20: Approving a Drainage Study Proposal for Area #4 from Christopher B. Burke
Engineering, Ltd., Rosemont, Illinois in the Amount of $30,500. Budgeted Funds – Capital
Projects/Professional Services.
3. RESOLUTION R-137-20: Approving the 2020-2024 Community Development Block Grant (CDBG)
Consolidated Plan and Program Year 2020 Annual Action Plan
4. RESOLUTION R-138-20: Approving Task Order #2 in the Not-to-Exceed Amount of $250,000 to Manusos
General Contracting, Inc., Fox Lake, Illinois for Improvements at the Des Plaines Theatre Which Include
Ongoing General Construction Services. Budgeted Funds – TIF #1.
5. RESOLUTION R-139-20: Waiving Competitive Bidding Requirements and Approving Theatre Auditorium
Painting by All-Tech Decorating, Romeoville, Illinois in the Base Bid Amount of $33,455 with Additional
Hourly Rates of $112 per Hour and $1.85 per Square Foot for Patching Repairs. Budgeted Funds – TIF
#1/R&M Buildings and Grounds.
6. RESOLUTION R-125-20: Awarding Bid of the 2020 Capital Improvement Program (CIP) Contract A –
Street and ADA Improvements to Arrow Road Construction Company, Elk Grove Village, Illinois in the
Amount of $3,171,991.30. Budgeted Funds – Capital Projects and DCEO Grant.
7. SECOND READING – ORDINANCE Z-16-20: Consideration of Text Amendments to the Zoning
Ordinance Adding Specialty Foods as a Permitted Use in the C-3 District with Circumstances, Amending
Various Regulations to Sign Chapter, Adding Specialty Food Stores to the Off-Street Parking Regulations and
Supplemental Off-Street Parking Regulations for the C-5 District, Adding Accessory Off-Site Parking Lots as
a Conditional Use in the C-3 District, and Adding or Amending Definitions of the Same
8. Minutes/Regular Meeting – July 20, 2020
9. Minutes/Closed Session – July 20, 2020
UNFINISHED BUSINESS
n/a
Monday, August 3, 2020 City of Des Plaines City Council Agenda Page | 3
NEW BUSINESS
1. FINANCE & ADMINISTRATION – Alderman Malcolm Chester, Chair
a. Warrant Register in the Amount of $3,946,816.74 – RESOLUTION R-140-20
2. COMMUNITY DEVELOPMENT – Alderman Denise Rodd, Chair
a. Consideration of Text Amendments to Certain Sections of the 1998 Des Plaines Zoning Ordinance, As
Amended Regarding the Residential District Bulk Matrix and to Add the Use of “Single-Family
Detached Dwellings” as a Conditional Use in the R-2, R-3, R-4, C-2, and C-3 Zoning Districts (for
existing structures only) – ORDINANCE Z-19-20
b. Consideration of Amendment to Resolution R-146-19 for a Class 7b at 1700-1738 W. Higgins Road to
Change the Development from a Proposed Freestanding Restaurant to a Proposed 107-Room Hotel –
RESOLUTION R-141-20
c. Discussion of Food Truck Regulations
d. Consideration of Amendments to the Des Plaines City Code with Regard to Events Impacting Public
Health, Safety, and Welfare – ORDINANCE M-10-20
OTHER MAYOR/ALDERMEN COMMENTS FOR THE GOOD OF THE ORDER
CLOSED SESSION
PERSONNEL
COLLECTIVE BARGAINING
PROBABLE OR IMMINENT LITIGATION
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.
COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
Date: July 31, 2020
To: Michael G. Bartholomew, MCP, LEED-AP, City Manager
From: Michael McMahon, Community and Economic Development Director
Subject: Text Amendments to the City of Des Plaines Municipal Code - Temporary Event License
City staff was directed to prepare an ordinance to amend certain sections of the City of Des Plaines Municipal
Code regarding Temporary Event Licenses and Nuisances as to promote and protect the general health, safety,
and welfare of the City and its residents.
Proposed Ordinance M-10-20 amends the following provisions of the City of Des Plaines Municipal Code:
(i) Chapter 3 of Title 4 – Temporary Event Licenses: Expands and clarifies types of events that are
required to obtain a Temporary Event License from the Community and Economic Development
Department. Explicitly prohibits temporary events that would constitute a nuisance, negatively
impact public safety, violate a Mayoral order, or contribute to the spread of contagious or
infectious diseases during a declared emergency. Adds a provision granting the City Manager the
ability to suspend or revoke temporary event licenses and allows for a one-year moratorium on
issuance of additional temporary event licenses in the event of a violation. Imposes joint and
several liability for penalties on both temporary event licensee and owner of property hosting the
event.
(ii) Section 5-3-1 - Nuisances Declared: Added engaging in activities that promote the spread of
contagious or infectious diseases to the list of unlawful nuisances that the City can abate.
(iii) Section 6-5-6 – Violations and Penalties Related to Civil Emergencies: Declares operation of a
business or property in violation of a civil emergency order to be a nuisance in fact and imposes
joint and several liability on owners of property.
Recommendation: I recommend approval of Ordinance M-10-20 amending certain sections of the Des
Plaines Municipal Code.
Attachment:
Ordinance M-10-20
MEMORANDUM
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NEW BUSINESS #2D.
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CITY OF DES PLAINES
ORDINANCE M - 10 - 20
AN ORDINANCE AMENDING PROVISIONS OF THE CITY
CODE TO ADDRESS EVENTS IMPACTING PUBLIC
HEALTH, SAFETY, AND WELFARE.
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, the City has a compelling interest in protecting and maintaining the health,
safety, and welfare of its residents and businesses; and
WHEREAS, pursuant to its inherent police powers as well as its home rule authority, the
City has the authority to regulate gatherings and events, enforce public health regulations, and
abate nuisances; 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: AMENDMENTS.
A. Chapter 3, entitled “Temporary Event Licenses” of Title 4, entitled “Business
Regulations,” of the City Code is hereby amended as set forth in Exhibit A attached to and, by
this reference, made a part of this Ordinance.
B. Section 5-3-1, entitled “Nuisances Declared,” of Chapter 3, entitled “Nuisances,”
of Title 5, entitled “Public Health and Safety,” of the City Code is hereby amended as set forth in
Exhibit B attached to and, by this reference, made a part of this Ordinance.
C. Section 6-5-6, entitled “Violations; Penalty,” of Chapter 5, entitled “Civil
Emergencies,” of Title 6, entitled “Police Regulations,” of the City Code is hereby amended as set
forth in Exhibit C 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 10
days from and after its passage, approval and publication in pamphlet form according to law.
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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 3 – TEMPORARY EVENT LICENSES
4-3-1: PURPOSE:
The purpose of this chapter is to ensure that temporary events and sales, including certain events
amusements, seasonal retail locations, and occasional residential sales are conducted in
compliance with all zoning, building, fire, and health codes and any other applicable ordinances,
and regulations, and orders so as to promote and protect the general health, safety, and welfare
of the city and its residents.
4-3-2: TEMPORARY EVENT OR SALE LICENSES; GENERALLY:
A. License Required: It shall be unlawful for any person to own, promote, conduct, engage in,
operate or manage a temporary event, seasonal retail location, or occasional residential sale
described in this chapter without first having obtained a license for such event.
B. Applications for License: Applications for temporary event or sale licenses shall be made in
conformity with the general requirements of this code relating to applications for licenses.
Applications must be submitted to the director of community and economic development no
later than fourteen (14) days prior to the date the temporary event or sale is to commence.
Additional application requirements for the various types of temporary event or sale licenses
are set forth more specifically in this chapter.
C. Fee: The license fees for the various types of temporary events and sales are set forth in section
4-18-1 of this title. Such fees shall not be applicable to any governmental bodies, including
agencies, departments, and political subdivisions of the state of Illinois or the United States of
America.
D. Conditions of License for Temporary Events and Sales: No temporary event or sale conducted
in the city may be operated:
1. In a manner that constitutes a nuisance as defined in Section 5-3-1 of this Code or results
in nuisance in fact due to a negative impact on the public health, safety or welfare;
2. In violation of any zoning, building, fire, or health codes or any other applicable ordinances
and regulations or lawful order of the Mayor issued in response to a civil emergency;
or
3. In an unsanitary or unsafe manner. including, without limitation, the potential to spread
contagious or infectious diseases during a pandemic, epidemic, or other declared
emergency.
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E. Penalty: Any person violating Violation of any of the provisions of this section chapter shall
be subject to the following penalties:
1. fined as A fine in the amount set out in the general penalty in section 1-4-1 of this code
for each offense.;A separate offense shall be deemed committed on each day during or on
which a violation occurs or continues.;
2. immediate suspension and revocation of any temporary event or sale license issued
by the City; provided, however, that licensees shall be entitled to a hearing before the
City Manager prior to revocation of a suspended temporary event license pursuant
to the provisions of Section 4-2-11 of this Code; and
3. prohibition of the issuance of additional temporary event or sale licenses for the
violating premises for a period of one year.
A separate offense shall be deemed committed on each day during or on which a violation
occurs or continues. Owners of property hosting a temporary event or sale as well as the
recipient of the temporary event or sale license shall be jointly and severally liable for all
penalties issued pursuant to this Section.
4-3-3: AMUSEMENTS: TEMPORARY EVENT:
A. Definition: For the purposes of this chapter "amusement" “temporary event” is defined as:
1. Any exhibition, performance, presentation or show for entertainment purposes, or
organized gathering offered for public participation, including, but not limited to, any
theatrical, dramatic, musical, athletic, or spectacular performance; or
2. Any entertainment or, political, recreational, religious activity offered for public
participation that will be conducted on public property or on private property that is either
outdoors, or not specifically classified for such use under the city's zoning ordinance, in a
facility that does not maintain a business license or registration contemplating public
gatherings, or is reasonably anticipated to increase demand on City services,
including police, fire, and traffic control. Amusements Temporary events include, but
are not limited to, any race/walk, festival, concert, circus, carnival, parade, rally, religious
service, company or organization picnic, and fireworks display.
B. Supplemental Application Requirements: In addition to the general license application
requirements, persons seeking a temporary event or sale license for an amusement a
temporary event must also provide the director of community and economic development
with the following as part of their application submission:
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1. An agreement to indemnify and hold the city, its officials, officers, employees and agents
harmless from any claims arising from the issuance of the temporary event or sale licenses
in a form approved by the city attorney;
2. A copy of the applicant's valid and effective certificates of insurance indicating that the
applicant has both commercial general liability and workers' compensation insurance
coverage; provided, if the amusement temporary event will be conducted on public
property, that the city be named as an additional insured;
3. A site plan or diagram of the location or the route on which the amusement temporary
event will be held showing all buildings, structures, proposed temporary improvements,
and seating areas;
4. If the amusement temporary event will involve seating for members of the public, the
seating capacity of the location in which the temporary event will be conducted;
5. If the amusement temporary event is to be conducted on, or requires the use of, public
property, a maintenance deposit in the amount set forth in section 4-18-1 of this title; and
6. The application fee in the amount set forth in section 4-18-1 of this title.
C. Additional Requirements:
1. Inspection: The city manager shall make or cause to be made all inspections of the
premises, vehicles, equipment or methods of operation to be used in conducting the
amusement temporary event that he determines to be necessary to ensure compliance with
all zoning, building, fire, or health code or any other applicable ordinances or regulations.
2. Investigation: The chief of police shall make or cause to be made such investigation of the
applicant, as he determines to be necessary including the fingerprinting of the
applicant/owner, manager or any employee, agent, or subcontractor of the applicant to
determine whether the applicant is qualified to engage in business. No license shall be
issued to any applicant who does not comply with the applicable requirements of this code.
The chief of police shall indicate on the application for a license the results of his
investigation, and his recommendation to approve or deny the application. In addition to
any other fees assessed in this chapter, a fee in the amount set forth in section 4-18-1 of
this title shall be paid by the applicant to cover the cost of each background check
conducted.
3. Maintenance Deposit: Applicants for temporary event or sale licenses to conduct an
amusement a temporary event on, or requiring the use of, public property shall be required
to post with the director of finance a maintenance deposit in the form of a certified or
cashier's check in the amount set forth in section 4-18-1 of this title. This maintenance
deposit shall be forfeited to the city on the fifth day after termination of the amusement
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temporary event, unless the director of public works certifies in writing to the director of
finance that all waste and trash created by operation of the amusement temporary event
has been removed from the site and that no public property was damaged as a result of the
amusement temporary event. The city may retain all or any portion of a maintenance
deposit as reimbursement for any costs it incurs cleaning, repairing, or restoring public
property that is damaged as a result of an amusement a temporary event.
D. Term Of License: The term of a license for an amusement a temporary event shall not exceed
five (5) consecutive days.
4-3-4: SEASONAL RETAIL LOCATIONS:
A. Definition: For the purposes of this chapter "seasonal retail locations" are defined as retail sale
activities traditionally associated with a specific season or holiday that are open to the public
and conducted for no more than ninety (90) consecutive days in any twelve (12) month period,
or such longer period as may be approved by the director of community and economic
development in writing. Seasonal retail locations include, but are not limited to, Christmas tree
lots, pumpkin patches which include the sale of pumpkins, farmers' markets, and Halloween
costume stores.
B. Supplemental Application Requirements: In addition to the general license application
requirements, persons seeking a temporary event or sale license for a seasonal retail location
must also provide the director of community and economic development with the following:
1. A site plan, floor plan, or diagram of the location at which the seasonable retail location
will be operated showing all buildings, structures, and proposed temporary improvements;
and
2. A list of all of the vendors who will be selling goods at the seasonal retail location.
C. Inspection: The city manager shall make or cause to be made all inspections of the premises,
vehicles, equipment or methods of operation to be used in conducting, engaging in, operating
or managing a seasonal retail location that he determines to be necessary to ensure compliance
with all Zoning, Building, Fire, or Health Code or any other applicable ordinances or
regulations.
D. Term Of License: The term of a license for a seasonal retail location shall not exceed ninety
(90) consecutive days in any twelve (12) month period.
4-3-5: OCCASIONAL RESIDENTIAL SALES:
A. Definition: For the purposes of this chapter, "occasional residential sales" are defined as those
sales of goods, wares and merchandise owned by the occupier of the premises or owned by a
group of persons having a common sale commonly known as a garage sale, basement sale,
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house sale, yard sale, estate sale, moving sale, or rummage sale conducted on an infrequent
and unscheduled basis on premises zoned or used for residential purposes. Bulk sales, the sale
of multiple new items of the same description, and the sale of consigned merchandise,
merchandise brought to the premises for resale or for reconditioning for resale are prohibited
at occasional residential sales.
Premises zoned or used for residential purposes include:
MULTIPLE-FAMILY DWELLING: A residential building containing three (3) or more
dwelling units, including what is commonly known as an apartment building or condominium,
but not including group, row or town houses.
SINGLE -FAMILY ATTACHED DWELLING: A residential building containing dwelling
units, each of which has primary ground floor access to the outside and are attached to each
other by party walls without openings. Includes townhomes.
SINGLE -FAMILY DETACHED DWELLING: A residential building containing not more
than one dwelling unit entirely surrounded by open space on the same lot.
B. Application; License Certificate: Licenses for occasional residential sales shall be obtained
from the City's Community and Economic Development Department by appearing in person
or by mail. Each license certificate shall be prominently displayed on the premises covered by
the license in such a manner that it is easily visible to persons passing by the premises.
C. License Conditions:
1. Term: Occasional residential sales shall be permitted for no more than three (3) consecutive
days, which dates shall be specified on the license certificate. Not more than three (3) such
occasional residential sales may be conducted on the same premises within any calendar
year with the exception of the annual Citywide community garage sale authorized by the
City. A fourth occasional residential sale may be conducted on the same premises within a
calendar year if the owner of the premises is moving or vacating the premises.
2. Hours Of Operation: No occasional residential sale may be conducted before eight o'clock
(8:00) A.M. or after sunset.
3. Signage: All signs promoting an occasional residential sale must be removed no later than
nine o'clock (9:00) P.M. on the day the license expires. No sign promoting an occasional
residential sale may exceed eight (8) square feet. Signs may not be placed or displayed on
any public right-of-way, including, without limitation, on trees, light standards, telephone
poles or other supporting structures, or displayed in a manner that causes any unsafe
condition or impediment to vehicular or pedestrian traffic.
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4. Rain Date(s): In the event of rain occurring during the hours of sale on any day within the
permitted period, the licensed occasional residential sale may be held within a seven (7)
day period immediately following the originally permitted period; however, no such sale
may exceed three (3) total days. Requests for rain dates must be made to the City's
Community and Economic Development Department no later than three (3) days
immediately after the permitted period to avoid forfeiture of the rain dates.
5. Location Of Sale: It shall be unlawful for any person to conduct an occasional residential
sale on any public street or public right-of-way or to display wares associated with such
sale on any public street or public right-of-way.
6. Traffic: No occasional residential sale may be conducted in a manner that causes any unsafe
condition or impediment to vehicular or pedestrian traffic. Vehicular parking for any
occasional residential sale is not permitted on any main thoroughfare. The Chief of Police,
or his designee, may automatically suspend an occasional residential sale license should
such violation occur.
D. Penalty: Any person violating any provision of this chapter, where no other penalty is
specifically provided, shall be fined as provided in the general penalty in section 1-4-1 of this
Code for each offense. A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
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EXHIBIT B
AMENDED SECTION 5-3-1
5-3-1: NUISANCES DECLARED:
It is hereby declared to be unlawful and a nuisance for any person within the limits of the City to
violate any provision of this chapter as follows:
* * *
S. Contagious or Infectious Disease: To engage in any activity that promotes the spread of
contagious or infectious diseases throughout the City, including the maintenance of
unsanitary conditions, hosting gatherings or conducting business in violation of public
health orders, and failure to maintain or operate properties in compliance with health
and safety codes, regulations, ordinances, and orders.
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EXHIBIT C
AMENDED SECTION 6-5-6
6-5-6: VIOLATIONS; PENALTY:
A. 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.
B. Any business or property that is operated in violation of any order issued pursuant to
this Chapter 5 shall constitute a nuisance in fact for the purposes of this Code.
C. Any business or property owner that knowingly permits a violation of an order issued
pursuant to this Chapter 5 on their property or premises to continue shall be jointly and
severally liable for such violation with any persons violating the order.
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