Council Minutes 10-19-20CALL TO
ORDER:
ROLL CALL:
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF DES PLAINES, ILLINOIS HELD VIA ZOOM VIDEO
CONFERENCE ON MONDAY, OCTOBER 19, 2020
The regular meeting of the City Council of the City of Des Plaines, Illinois, was called
to order by Mayor Bogusz at 7:02 p.m. The meeting was lived-streamed via:
http://desplaines.org/accessdeplaines and played on DPTV Channel 17 on Monday,
October 19, 2020.
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
PLEDGE:
PUBLIC
COMMENT:
MAYORAL
ANNOUNCEMENT
The prayer was offered by Alderman Zadrozny followed by the Pledge of Allegiance
offered by Alderman Rodd.
The City of Des Plaines continues to follow social distancing requirements. In response
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 October 19, 2020.
Public comments that were received were distributed to the City Council prior to
tonight's meeting and are included as Exhibit A.
On March 16, 2020, a Declaration of Civil Emergency for the City of Des Plaines
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 Chester, 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:
NAYS:
ABSENT:
Page 2of10
8 - L ysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
0 -None
0 -None
Motion declared carried.
10/19/20
Mayor Bogusz announced Restaurant Week is October 16-25, 2020 and asked that
everyone to support the local restaurants.
CITY CLERK City Clerk Tsalapatanis announced Early Voting started today and will take place
ANNOUNCEMENTS through November 2, 2020 at the Des Plaines Library. Wait times at locations can be
found on the city's website.
CONSENT
AGENDA:
APPROVE
ABATEMENT:
Consent Agenda
Ordinance
M-14-20
APPROVE
ABATEMENT:
Consent Agenda
Ordinance
M-15-20
Halloween craft bags are available at the Des Plaines History Center and at the
Des Plaines Library, October 25 -October 30, 2020.
Moved by Rodd, seconded by Smith, to establish the Consent Agenda. Upon voice
vote, the vote was:
A YES: 8 -Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Rodd, seconded Smith, 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-13-20 was adopted; Ordinances M-14-20,
M-15-20, M-16-20, M-17-20, M-18-20, M-19-20, M-20-20, M-21-20, M-22,20,
M-23-20, M-24-20, M-25-20, M-26-20, M-27-20, M-28-20 were approved;
Resolutions R-170-20, R-171-20, R-172-20, R-173-20, R-174-20, R-175-20,
R-176-20, R-179-20 were adopted.
Moved by Rodd, seconded by Smith, to Approve Ordinance M-14-20, AN
ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2020 TAX LEVY
FOR THE 2008 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2008A.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Smith, to Approve Ordinance M-15-20, AN
ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2020 TAX LEVY
FOR THE 2009 TAXABLE GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2009A. Motion declared carried as approved unanimously under Consent
Agenda.
APPROVE
ABATEMENT:
Consent Agenda
Ordinance
M-16-20
APPROVE
ABATEMENT:
Consent Agenda
Ordinance
M-17-20
APPROVE
ABATEMENT:
Consent Agenda
Ordinance
M-18-20
APPROVE
ABATEMENT:
Consent Agenda
Ordinance
M-19-20
APPROVE
TAX LEVY:
Consent Agenda
Ordinance
M-20-20
APPROVE
TAX LEVY:
Consent Agenda
Ordinance
M-21-20
APPROVE
TAX LEVY:
Consent Agenda
Ordinance
M-22-20
Page 3of10 10/19/20
Moved by Rodd, seconded by Smith, to Approve Ordinance M-16-20, AN
ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2020 TAX LEVY
FOR THE 2011 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2011.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Smith, to Approve Ordinance M-17-20, AN
ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2020 TAX LEVY
FOR THE 2013 TAXABLE GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2013. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Rodd, seconded by Smith, to Approve Ordinance M-18-20, AN
ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2020 TAX LEVY
FOR THE 2014 TAXABLE GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2014A AND 2014 GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2014B. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Rodd, seconded by Smith, to Approve Ordinance M-19-20, AN
ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2020 TAX LEVY
FOR THE 2018 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2018.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Smith, to Approve Ordinance M-20-20, AN
ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER
EIGHT OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS in the
amount of $4,200. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Rodd, seconded by Smith, to Approve Ordinance M-21-20, AN
ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER
NINE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS in the amount
of $2,315. Motion declared carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Smith, to Approve Ordinance M-22-20, AN
ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER TEN
OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS in the amount of
$2,936. Motion declared carried as approved unanimously under Consent Agenda.
APPROVE
TAX LEVY:
Consent Agenda
Ordinance
M-23-20
APPROVE
TAX LEVY:
Consent Agenda
Ordinance
M-24-20
APPROVE
TAX LEVY:
Consent Agenda
Ordinance
M-25-20
APPROVE
TAX LEVY:
Consent Agenda
Ordinance
M-26-20
APPROVE
TAX LEVY:
Consent Agenda
Ordinance
M-27-20
APPROVE
TERMINATING
EXPIRED
SSA6&7:
Consent Agenda
Ordinance
M-28-20
APPROVE
APPLICATION/
ITEPGRANT
FUNDING/
S-CURVE:
Consent Agenda
Page 4of10 10/19/20
Moved by Rodd, seconded by Smith, to Approve Ordinance M-23-20, AN
ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER
ELEVEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS in the
amount of $2,096. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Rodd, seconded by Smith, to Approve Ordinance M-24-20, AN
ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER
TWELVE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS in the
amount of $979. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Rodd, seconded by Smith, to Approve Ordinance M-25-20, AN
ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER
THIRTEEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS in the
amount of $1,566. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Rodd, seconded by Smith, to Approve Ordinance M-26-20, AN
ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER
FOURTEEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS in the
amount of $830. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Rodd, seconded by Smith, to Approve Ordinance M-27-20, AN
ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER
FIFTEEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS in the
amount of $1,643. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Rodd, seconded by Smith, to Approve Ordinance M-28-20, AN
ORDINANCE TERMINATING EXPIRED SPECIAL SERVICE AREAS 6 AND 7.
Motion declared carried as approved unanimously under Consent Agenda.
Alderman Rodd requested that this item be removed from the Consent Agenda.
Alderman Rodd expressed her appreciation to the staff of the Engineering Department
for all the work they did to apply for this grant.
Resolution
R-170-20
APPROVE
APPLICATION/
ITEPGRANT
FUNDING/
OAKTON STREET
SIDEPATH:
Consent Agenda
Resolution
R-171-20
APPROVE
AMENDED
LICENSE AGMT/
CRAFT DONUTS:
Consent Agenda
Resolution
R-172-20
AWARD BID/
DES PLAINES
THEATRE/
FLOORING:
Consent Agenda
Resolution
R-173-20
WAIVE BIDDING/
APPROVE FIRE
DEPARTMENT
GEAR:
Consent Agenda
Resolution
R-174-20
Page 5of10 10/19/20
Moved by Rodd, seconded by Moylan, to Approve Resolution R-170-20, A
RESOLUTION SUPPORTING AN APPLICATION FOR ITEP GRANT FUNDS
FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION. Upon roll call,
the vote was:
A YES: 8 -Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Rodd, seconded by Smith, to Approve Resolution R-171-20, A
RESOLUTION SUPPORTING AN APPLICATION FOR ITEP GRANT FUNDS
FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION. Motion declared
carried as approved unanimously under Consent Agenda
Moved by Rodd, seconded by Smith, to Approve Resolution R-172-20, A
RESOLUTION APPROVING A THIRD AMENDMENT TO A LICENSE
AGREEMENT WITH CRAFT MANAGEMENT, INC. FOR THE ABATEMENT OF
LICENSE FEES. Motion declared carried as approved unanimously under Consent
Agenda
Moved by Rodd, seconded by Smith, to Approve Resolution R-173-20, A
RESOLUTION APPROVING AN AGREEMENT WITH PROSTAR SURFACES,
INC. FOR HARDWOOD FLOORING INSTALLATION AT THE DES PLAINES
THEATRE in the amount of $98,983. Motion declared carried as approved
unanimously under Consent Agenda
Moved by Rodd, seconded by Smith, to Approve Resolution R-174-20, A
RESOLUTION APPROVING THE PURCHASE OF BUNKER GEAR FROM W.S.
DARLEY & COMPANY in an amount not to exceed $21,824.40. Motion declared
carried as approved unanimously under Consent Agenda.
AWARD
BID/ AGGREGATE
MATERIAL&
SPOIL/JOHN NERI
CONSTRUCTION:
Consent Agenda
Resolution
R-175-20
AUTHORIZE
PURCHASE OF
FLOODPLAIN
PROPERTIES:
Consent Agenda
Resolution
R-176-20
APPROVE CO #2/
CONCRETE
IMPROVEMENTS:
Consent Agenda
Resolution
R-179-20
APPROVE
SECOND
READING/
ORDINANCE
M-13-20:
APPROVE
MINUTES:
Consent Agenda
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-180-20
Page 6of10 10/19/20
Moved by Rodd, seconded by Smith, to Approve Resolution R-175-20, A
RESOLUTION APPROVING A CONTRACT WITH JOHN NERI
CONSTRUCTION, INC. FOR THE PURCHASE OF AGGREGATE MATERIALS
AND SPOILS DISPOSAL SERVICES in the three-year amount of $372,142.50.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Smith, to Approve Resolution R-176-20, A
RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTIES LOCATED
IN THE FLOOD PLAIN AREA IN DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Smith, to Approve Resolution R-179-20, A
RESOLUTION APPROVING CHANGE ORDER NO. 2 TO A CONTRACT WITH
COPENHAVER CONSTRUCTION COMPANY FOR CONCRETE ALLEY
IMPROVEMENTS AND STORM SEWER RESTORATION AT THE
DES PLAINES THEATRE IN THE AMOUNT OF $34,525. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Smith, to Approve Second Reading Ordinance
M-13-20, AN ORDINANCE AMENDING CHAPTER 5 OF TITLE 9 OF THE CITY
CODE REGARDING THE INSPECTION AND PLAN REVIEW REQUIREMENTS
FOR THE CONSTRUCTION OF UTILITY FACILITIES ON CITY PROPERTY.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Rodd, seconded by Smith, to approve the Minutes of the City Council
meeting of October 5, 2020, as published. Motion declared carried as approved
unanimously under Consent Agenda.
FINANCE & ADMINISTRATION -Alderman Chester, Chairman
Moved by Chester, seconded by Smith, to approve the Warrant Register of
October 19, 2020 in the Amount of $3,034,771.96 and approve Resolution R-180-20.
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.
CONSIDER TEXT
AMENDMENTS
TO CITY
Page 7of10 10/19/20
COMMUNITY DEVELOPMENT -Alderman Rodd, Chairman
Community and Economic Development Director, Michael McMahon reviewed a
memorandum dated September 23, 2020.
CODE/BODY ART The City of Des Plaines is requesting Text Amendments to the following sections of
ESTABLISHMENTS: the Des Plaines Municipal Code, (i) Adding a Body Art Establishments License to
CONSIDER FINAL
PLAT OF
SUBDIVISION/
290 CORNELL
AVENUE:
Title 4 of Business Regulations and (ii) Add an exception for Body Art Establishments
to Section 6-2-11.
On September 21, 2020 the Des Plaines City Council approved Ordinance Z-22-20
adding Body Art Establishments as a Conditional Use in the C-3 General Business
Zoning Distract with the condition that Body Art Establishments shall be located at
least one mile away from any other Body Art Establishment and must not exceed 2,000
square feet of floor area. .
Staff recommended that an annual fee for a Body Art Establishment Business
Regulations License be $200 and the following amendment to Section 6-2-11 of the
Municipal Code:
C. Prohibited Acts: It shall be unlawful for any person to tattoo a human being except
that tattooing may be performed: (1) on persons at least 18 years old within a body art
establishment operated in full compliance with applicable state regulations and the city
code, including, without limitation, the zoning ordinance and the business license
requirements set forth in title 4 of this code; or (2) for medical purposes by a person
licensed as a physician or otherwise authorized by the medical practice act of 1987 of
the state of Illinois 1.
Staff recommended approval of Ordnance M-29-20.
Alderman Brookman requested that the ordinance be amended to include language that
requires a minor to be accompanied by a parent.
Moved by Brookman, seconded by Zadrozny, to approve Ordinance M-29-20, as
amended, AN ORDINANCE AMENDING THE CITY OF DES PLAINES CITY
CODE REGARDING BODY ART ESTABLISHMENTS. 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, Michael McMahon reviewed a
memorandum dated September 23, 2020.
CONSIDER
PRELIMINARY
PUD, TENTATIVE
PLAT OF
SUBDIVISION,
MAP
AMENDMENT,
CU/
414 E GOLF RD:
Page 8of10 10/19/20
The petitioner Gary M. Rizzo, on behalf of Lisa Burman, is requested a Final Plat of
Subdivision for the Beverly Burman estate located at 290 Cornell Avenue. The subject
property is 19,327-square feet (0.444 acres) in size and is comprised of three lots,
which is improved with a single-family home on the north side of the property.
The petitioner proposes to consolidate the three lots into two lots and construct a new
single-family home on the new southern lot as shown in the Proposed Site Plan. The
existing home on the property will remain as is. However, the width of the northern
corner lot with the existing single-family home will increase to 72.60-feet and the
southern interior lot will have a width of 60-feet as shown on the Final Plat of
Subdivision.
The Planning and Zoning Board recommended ( 6-1) that the City Council approve of
the request.
Staff recommended approval of Resolution R-181-20.
Moved by Smith, seconded by Brookman, to approve Resolution R-181-20, A
RESOLUTION APPROVING A FINAL PLAT OF SUBDIVISION FOR THE JAY
AND BEVERLY BURMAN RESUBDIVISION LOCATED AT 290 CORNELL
A VENUE, DES PLAINES, ILLINOIS. 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, Michael McMahon reviewed a
memorandum dated September 24, 2020.
The petitioner is proposing a full redevelopment of the existing Feather Factory
manufacturing building property at 414 E. Golf Road with a 449-unit apartment
building with amenities and a commercial out-lot. The petitioner also plans to relocate
an existing commercial cell tower facility to another portion of the subject property.
The subject property currently consists of three separate lots totaling 6.49-acres
containing the 2-story, 106,846-square foot Feather Factory building, 78 space surface
parking area, commercial cell tower facility with enclosure, and public access road to
the Metra commuter parking lot. The existing public access road to the Metra parking
lot is located partially within the boundaries of the subject property and partially on
the Union Pacific Railroad right-of-way pursuant to an existing easement agreement
between the Union Pacific Railroad and subject property owner. This easement
agreement will be renegotiated and presented at time of Final Planned Unit
Development.
The entire project will be broken into two phases:
Phase 1, scheduled between May 2021 and December 2022, includes a portion of the
6-story apartment building with 284 apartments, 292 internal parking spaces, ground
floor lobby area, second floor amenity areas totaling around 394,678-square feet,
approximately one acre of near term open space for use of residents until the start of
Page 9 of 10 10/19/20
Phase 2, surface parking areas including the separate 19-space main entry and 34 space
surface parking lots, 0.5-acre open space for residents, and the one-story commercial
out-lot area. Phase 1 also includes the relocation of the existing cell tower and
realignment of the Golf Road/Wolf Road intersection with new-dedicated tum lanes
into the site.
Phase 2, scheduled between September 2022 and October 2024, will include the rest
of the 6-story apartment building totaling 165 apartment units with approximately
sixteen studios, 114 one-bedroom apartments, and 35 two-bedroom units.
At this time, the petitioner is requesting the following exceptions to the current Zoning
Ordinance for mixed-use Planned Unit Developments:
A building height exception of 71 '-4" where the maximum allowed is 45 feet
for building within the C-3 zoning district.
A minimum lot area exception of 996-square feet per unit for Phase 1 and 630-
square foot per unit for Phase 2 where the minimum lot area is 1,815-square feet per
unit.
The Planning and Zoning Board recommended (4-3) that the City Council approve of
the request with the five conditions in the Staff Report .
Staff recommended to approve Ordinance Z-23-20 with five conditions.
Eleven members of the public asked questions, expressed concerns, and spoke in
opposition of the proposed development citing concerns of increased traffic, lack of
parking, lack of greenspace, pedestrian and motorist safety, declining property values,
aesthetics and size, cell tower relocation, and flooding/drainage of the proposed
development.
Several of the Aldermen asked questions in regard to the proposed building material,
rental market, public transportation, traffic and pedestrian safety, screening and
greenspace.
Mr. Odenbach provided an overview of the Terra Carta firm while Mr. Kritzman
pi::esented a thorough overview of the Cumberland Crossing Development.
Mr. Kritzman represents the Lakota Group and stated that the site has been studied for
approximately 10 years for a transit-orientated development.
Mr. Kritzman addressed the questions of density, screening, parking, greenspace,
intersection improvements, pedestrian convenience and safety, Metra, rental market,
drainage, cell tower relocation and building material.
Revised architectural drawings will be available prior to the next City Council meeting.
Without objection, this item was postponed until the November 2, 2020 City Council
meeting.
Page 10of10 10/19/20
ADJOURNMENT: Moved by Moylan, seconded by Brookman, to adjourn the meeting. Upon roll call,
the vote was:
A YES: 8 -Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried. The meeting adjourned at 10:06 p.m.
APPROVED BY ME THIS c2nJ._
DAY OF -f(_pVfA?lfvc. , 2020
~
Matthew J. Bogusz, MAYOR