Council Minutes 08-03-20MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF DES PLAINES, ILLINOIS HELD VIA ZOOM VIDEO
CONFERENCE ON MONDAY, AUGUST 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 7:05 p.m. The meeting was lived -streamed via:
http://desplaines.org/accessdeplaines and played on DPTV Channel 17 on Monday,
August 3, 2020.
ROLL CALL: 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 Pastor Gary Houdek of the Golf Road Baptist Church
PLEDGE: followed by the Pledge of Allegiance offered by Alderman Rodd.
PUBLIC
HEARING/
FINAL PLAT OF
SUBDIVISION/
1925 BUSSE
HIGHWAY:
MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR
ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC
CENTER, MONDAY, AUGUST 3, 2020
Mayor Bogusz called the Final Plat of Subdivision for 1925 Busse Highway Hearing
to order at 7:07 p.m.
Director of Community and Economic Development McMahon explained the
petitioner is requesting a Final Plat of Subdivision, under Section 13-2 of the
Subdivision Regulations of the City of Des Plaines Municipal Code, to subdivide three
parcels property into three new lots of record at 1925 Busse Highway and authorize
the City Manager to transfer title of Lot 1 to Jim Pearson.
The Busse Highway pump station was constructed in 2004 as part of the Levee 50
Flood Control Project. The City purchased 1.01 acres of land for the pump station in
2002 under Resolution R-30-02. As part of the purchase agreement, one of the parcels
was to have been subdivided, with remaining 0.57 acres not needed for the pump
station conveyed back to the original property owner.
It was recently discovered that the subdivision and conveyance was not completed in
2002. Mr. Jim Pearson, former property owner, is now planning to sell the 0.57 acres
of the subject parcel and has requested that the City complete the agreed upon
subdivision and conveyance of the 0.57 acre lot back to him.
Under the City's Home Rule authority, this request is being taken straight to the City
Council for public hearing and final approval.
Staff recommended approval of R-142-20.
Moved by Rodd, seconded by Lysakowski, to approve Resolution R-142-20, Upon
Page 2 of 8 08/03/20
roll call, the vote was:
AYES: 8- Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 None
ABSENT: 0- None
Motion declared carried.
With no public comments, Mayor Bogusz adjourned the Public Hearing at 7:11 p.m.
PUBLIC The City of Des Plaines continues to follow social distancing requirements. In response
COMMENT: to the risks created by the COVID-19 outbreak, Governor Pritzker issued Executive Order
2020-07 on March 16, 2020, suspending the Open Meetings Act provision relating to in-
person attendance by the members of the public body. Tonight's meeting is allowed to be
conducted via video conferencing.
Public comments were allowed to be e-mailed to publiccomments@desplaines.org or
phoned in to the City Clerk's Office by 5:00 pm on August 3, 2020.
The public comments that were received was distributed to the City Council prior to
tonight's meeting and is included as Exhibit A.
City Manager Bartholomew stated the majority of the public comments were related
to concerns regarding the Campground event held last week where individuals were
not practicing social distancing or wearing face coverings. Ten tickets have been
issued to the President of the Campground pursuant to the Mayor's Supplement Order
issued on July 29, 2020 regarding face coverings and social distancing.
MAYORAL On March 16, 2020, a Declaration of Civil Emergency for the City of Des Plaines
ANNOUNCEMENT related to the COVID-19 emergency was authorized. The Declaration provided that:
(1) the City may enter into contracts for the emergency purchase of goods and services;
(2) the City Manager may implement emergency staffing protocols pursuant to the
City's respective collective bargaining agreements; and (3) directed City officials and
employees to cooperate with other government agencies.
In accordance with Illinois statutes, the Mayor's Declaration lasted only for a period
of seven days, unless it was extended by action of the City Council. At each
subsequent City Council meeting, the City Council, by motion, extended the
Declaration until the next adjournment of the next special or City Council meeting.
This extension of the Declaration includes Mayor Bogusz's Supplemental Order dated
July 29, 2020.
Moved by Brookman, seconded by Moylan, to extend the Mayor's March 16, 2020
Declaration of Civil Emergency until the adjournment of the next regular, special, or
emergency meeting of the City Council. 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.
CONSENT
AGENDA:
WAIVE
BIDS/APPROVE
KONICA
MINOLTA LEASE
AGREEMENT:
Consent Agenda
Resolution
R-135-20
APPROVE
DRAINAGE
STUDY
PROPOSAL/
CHRISTOPHER
BURKE:
Consent Agenda
Resolution
R-136-20
Page 3 of 8 08/03/20
Moved by Smith, seconded by Goczkowski, to establish 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.
Moved by Goczkowski, seconded Lysakowski, 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 Z-16-20; Resolutions R-125-20, R-135-20,
R-136-20, R-137-20, R-138-20, R-139-20 were adopted.
Moved by Goczkowski, seconded by Lysakowski, to Approve Resolution R-135-20,
A RESOLUTION APPROVING A LEASE AGREEMENT WITH KONICA
MINOLTA PREMIER FINANCE FOR THE LEASE OF FOURTEEN MULTI-
FUNCTION PRINTERS AND A SERVICE CONTRACT WITH KONICA
MINOLTA BUSINESS SOLUTIONS USA FOR MAINTENANCE AND SUPPORT
SERVICES IN A NOT TO EXCEED AMOUNT OF $87,650.16 ANNUALLY.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Goczkowski, seconded by Lysakowski, to Approve Resolution R-136-20,
A RESOLUTION APPROVING TASK ORDER NO. 4 UNDER MASTER
CONTRACT WITH CHRISTOPHER B. BURKE ENGINEERING LTD FOR
PROFESSIONAL ENGINEERING SERVICES IN THE AMOUNT OF $30,500.
B Motion declared carried as approved unanimously under Consent Agenda.
APPROVE 2020-
2024 CDBG PLAN
AND ANNUAL
ACTION PLAN:
Consent Agenda
Resolution
R-137-20
APPROVE
TO2/MANUSOS
CONTRACTING/
Moved by Goczkowski, seconded by Lysakowski, to Approve Resolution R-137-20,
A RESOLUTION APPROVING THE CITY OF DES PLAINES COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM CONSOLIDATED PLAN FOR
PROGRAM YEARS 2020-2024 AND PROGRAM YEAR 2020 ANNUAL ACTION
PLAN. Motion declared carried as approved unanimously under Consent Agenda.
Moved by Goczkowski, seconded by Lysakowski, to Approve Resolution R-138-20,
A RESOLUTION APPROVING TASK ORDER NO 2 WITH MANUSOS
GENERAL CONTRACTING INC FOR CONSTRUCTION SERVICES AT THE
DES PLAINES
THEATRE:
Consent Agenda
Resolution
R-138-20
WAIVE
BIDS/APPROVE
DES PLAINES
THEATRE
AUDITORIUM
PAINTING/
ALL -TECH:
Consent Agenda
Resolution
R-139-20
AWARD BID/
2020 CIP/ARROW
CONSTRUCTION:
Consent Agenda
Resolution
R-125-20
SECOND
READING/
ORDINANCE
Z-16-20:
APPROVE
MINUTES:
Consent Agenda
APPROVE
CLOSED SESSION
MINUTES:
Consent Agenda
NEW BUSINESS:
WARRANT
REGISTER:
Page 4 of 8 08/03/20
DES PLAINES THEATRE IN THE NOT TO EXCEED AMUNT OF $250,000.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Goczkowski, seconded by Lysakowski, to Approve Resolution R-139-20,
A RESOLUTION APPROVING A CONTRACT WITH ALL -TECH DECORATING
COMPANY FOR PAINTING SERVICES FOR THE DES PLAINES THEATRE
AUDITORIUM DES PLAINES THEATRE IN THE BASE BID AMOUNT OF
$33,455. Motion declared carried as approved unanimously under Consent Agenda.
Moved by Goczkowski, seconded by Lysakowski, to Approve Resolution R-125-20,
A RESOLUTION APPROVING AN AGREEMENT WITH ARROW ROAD
CONSTRUCTION COMPANY FOR THE 2020 CAPITAL IMPROVEMENT
PROGRAM - CONTRACT A, STREET AND ADA IMPROVEMENTS IN THE
AMOUNT OF $3,171,991.30. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Goczkowski, seconded by Lysakowski, to Approve Second Reading
Ordinance Z-16-20, AN ORDINANCE AMENDING THE TEXT OF VARIOUS
SECTIONS OF THE DES PLAINES ZONING ORDINANCE AND SUBDIVISION
REGULATIONS OF THE CITY CODE. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Goczkowski, seconded by Lysakowski, to approve the Minutes of the City
Council meeting of July 20, 2020, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Goczkowksi, seconded by Lysakowski, to approve the Closed Session
Minutes of the City Council meeting of July 20, 2020, as published. Motion declared
carried as approved unanimously under Consent Agenda.
FINANCE & ADMINISTRATION — Alderman Chester, Chairman
Chairman Chester presented the Warrant Register for consideration.
Resolution
R-140-20
CONSIDER TEXT
AMENDMENTS
TO THE ZONING
ORDINANCE:
Ordinance
Z-19-20
CONSIDER
CLASS 7B/
1700-1738 W
HIGGINS:
Resolution
R-141-20
Page 5 of 8 08/03/20
Moved by Chester, seconded by Smith, to approve the Warrant Register of
August 3, 2020 in the Amount of $3,946,816.74 and approve Resolution R-140-20.
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, Chairman
Alderman Brookman requested a time extension to review Ordinance Z-16-20, AN
ORDINANCE AMENDING THE TEXT OF VARIOUS SECTIONS OF THE
DES PLAINES ZONING ORDINANCE AND SUBDIVISION REGULATIONS OF
THE CITY CODE.
Without objection, Ordinance Z-16-20 will be deferred until the September 8, 2020
City Council meeting.
Motion declared carried.
Director of Community and Economic Development McMahon reviewed a
memorandum dated July 13, 2020.
Mariner Higgins Centre, LLC, applied for and received a Class 7b resolution for the
properties at 1700-1738 W. Higgins Road in 2019 via Resolution R-136-19. The
owner is requesting an amendment to this resolution to reflect a change from the
proposed freestanding restaurant to a proposed 107 -room hotel.
The subject properties encompass 7.276 acres of land that is improved with an office
building totaling 139,000 square feet, a surface parking lot associated with the office
building, and a vacant property that is currently owned by the Village of Rosemont.
The applicant is proposing to invest over $10,000,000 (in hard costs) into the entire
property. This includes heavily upgrading the existing office building and constructing
a 57,000 square foot, five -story Home2 Suites Hotel by Hilton instead of the formerly
announced 6,000 square foot freestanding restaurant.
With the hotel being proposed in -lieu of the 6,000 square foot restaurant, Resolution
R-146-19 needs to be updated to reflect this development change. As such, the
applicant is requesting City Council to consider the resolution amendment request. The
applicant is requesting the amended Class 7b resolution as this time as his team needs
to file the updated resolution at Cook County this year due to all of the investment
already conducted on the property. The applicant is applying under Substantial
Rehabilitation and New Construction.
Assessment of Tax Impact Scenarios:
1. Estimate Property Taxes as -is with vacancy relief: $524,536
2. Estimated Property Taxes with proposed improvements without a 7b:
$1,668,962
3. Estimated Property Taxes with proposed improvements with a 7b: $1,062,157
Page 6 of 8 08/03/20
Staff recommended that the City Council adopt Resolution R-141-20 in order to amend
Resolution R-146-19.
Moved by Chester, seconded by Rodd, to Approve Resolution R-141-20, AN
AMENDED AND RESTATED RESOLUTION SUPPORTING AND
CONSENTING TO APPROVAL OF CLASS 7B CLASSIFICATION FOR THE
PROPERTY LOCATED AT 1700-1738 W HIGGINS ROAD, DES PLAINES IL.
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.
DISCUSSION OF At the July 6, 2020 City Council meeting, the Community and Economic Development
FOOD TRUCK Department (CED) was tasked with researching and providing information to the City
REGULATIONS: Council regarding the potential for expanding food truck operations in the City of
Des Plaines.
While the food truck trend has been mostly visible in larger cities throughout the
country, it has spread to local municipalities to include those in suburban Cook County.
Many local jurisdictions, including Chicago and Des Plaines, enacted stringent
regulations limiting food truck operations. Des Plaines enacted Ord. M-19-13 in 2013
that limits the sale from "food service vehicles" to pre -made and packaged food
products.
In Des Plaines, preparing and selling food on-site from a motorized or non -motorized
vehicle is prohibited on both private and public property with the exception of
temporary events, such as carnivals. Although it is not specifically mentioned in the
code, the City does allow food to be prepared and disseminated on-site from a food
truck for one -day special events such as business grand -openings or Park District
events.
Many local jurisdictions have removed prohibitions on food trucks and are now
allowing food trucks sales in one form or another.
Concerning regulations, it is within local jurisdictions powers to place reasonable
limits and restrictions on food trucks, such as:
• Requiring each food truck to obtain a business license;
• Providing proof of food safety inspections from another local jurisdiction;
• Vehicle operators to undergo background checks;
• Require liability insurance;
• Undergo periodic health safety regulations;
• Limiting operations to certain zoning districts, private property or public rights-
of-way; and
• Operations must follow the Illinois adopted FDA Food Code regulations.
CONSIDER CITY
CODE
AMENDMENTS/
EVENTS
IMPACTING
PUBLIC HEALTH,
SAFETY, AND
WELFARE:
Ordinance
M-10-20
Page 7 of 8 08/03/20
It is staffs opinion that allowing on-site prepared food sales from "food service
vehicles" can be managed to provide benefits to the community while not sacrificing
public safety or creating undo nuisances.
Several Alderman were concerned licensing food trucks may have a negative impact
on the current restaurants.
Feedback from the Des Plaines restaurant owners and the Chamber of Commerce will
be considered and staff will present a draft ordinance for review at a future meeting.
Director of Community and Economic Development McMahon reviewed a
memorandum dated July 31, 2020.
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.
Staff recommended approval of Ordinance M-10-20.
Amend ordinance to include the City Manager or Community and Economic
Development Director may extend the permit past the five days listed in the Ordinance.
Moved by Brookman, seconded by Goczkowski, to Approve Ordinance M-10-20, as
amended to include the limit is five days unless the city manager or the director of the
Community Development Department determines that additional days are appropriate,
AN ORDINANCE AMENDING PROVISIONS OF THE CITY CODE TO
ADDRESS EVENTS IMPACTING PUBLIC HEALTH, SAFETY, AND WELFARE.
Upon roll call, the vote was:
AYES: 8- Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 None
ABSENT: 0- None
Page 8 of 8 08/03/20
Motion declared carried.
Moved by Brookman, seconded by Goczkowski, to Advance to Second Reading and
adopt, as amended, Ordinance M-10-20, AN ORDINANCE AMENDING
PROVISIONS OF THE CITY CODE TO ADDRESS EVENTS IMPACTING
PUBLIC HEALTH, SAFETY, AND WELFARE. 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.
CLOSED Moved by Moylan, seconded by Rodd, to adjourn to Closed Session at 8:05 p.m. to
SESSION: discuss Personnel, Collective Bargaining, Probable or Imminent Litigation. 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.
APPROVED BY ME THIS /'%th-
DAY OF Ati , 2020
Matthew J. Bogusz, MAYOR
latai
Laura Fast — Deputy City Clerk