Council Minutes 03-21-22MINUTES 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, MARCH 21,
2022
CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order
ORDER by Mayor Goczkowski at 7:02 p.m. in the Eleanor Rohrbach Memorial Council Chambers,
Des Plaines Civic Center on Monday, March 21, 2022.
ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi. A quorum was present.
Also present were: City Manager Bartholomew, Account Manager Strumpf, Director of Public Works and Engineering
Oakley, Director of Community and Economic Development Carlisle, Fire Chief Anderson, Police Chief Anderson, and
General Counsel Friedman.
PRAYER AND The prayer and the Pledge of Allegiance to the Flag of the United States of America were
PLEDGE offered by Mayor Goczkowski.
ALDERMAN Alderman Chester reiterated prayers for the people of Ukraine, and stated if the refugee crisis
ANNOUNCEMENTS reaches this area, he hopes we can reach out with help.
MAYORAL Mayor Goczkowski stated St. George Ukrainian Church at 1640 Rand Rd, Des Plaines, is
ANNOUNCEMENTS accepting donations to support the children whose parents have been killed in the war, in
additional to collecting high demand humanitarian needs. Mayor Goczkowski mentioned if
residents have any questions they are welcome to contact his office.
On May 3, 2021, 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 the
Supplemental Order dated January 3, 2022.
Mayor Goczkowski presented an extension to the Declaration of Civil Emergency.
Moved by Brookman, seconded by Oskerka, to extend the May 3, 2021 Declaration of Civil
Emergency until the adjournment of the next regular, special, or emergency meeting of the
City Council including the Supplement Order dated January 3, 2022.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
MAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
CONSENT AGENDA Moved by Brookman, seconded by Chester, to establish the Consent Agenda.
Upon voice vote, the vote was:
Page 2 of 11
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadromy,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Moved by Brookman, seconded by Chester, to Approve the Consent Agenda.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadromy,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
3/21/2022
Minutes were approved; Ordinance Z-5-22, M-8-22 were adopted; Resolutions R-56-22, R-
57-22, R-58-22, R-59-22, R-61-22, R-62-22 were adopted.
APPROVE IGA/ Moved by Brookman, seconded by Chester, to Approve Resolution R-56-22, A
FIREWORKS/ OCC RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
Consent Agenda OAKTON COMMUNITY COLLEGE FOR USE OF THE OAKTON COMMUNITY
COLLEGE CAMPUS FOR A JULY 1, 2022 FIREWORKS DISPLAY. Motion declared
Resolution carried as approved unanimously under Consent Agenda.
R-56-22
APPROVE AGRMT/ Moved by Brookman, seconded by Chester, to Approve Resolution R-57-22, A
FIREWORKS/ MAD RESOLUTION APPROVING AN AGREEMENT WITH MAD BOMBER FIREWORKS
BOMBER PRODUCTION FOR A FIREWORKS DISPLAY. Motion declared carried as approved
FIREWORKS unanimously under Consent Agenda.
Consent Agenda
Resolution
R-57-22
AUTH PURCH/ Moved by Brookman, seconded by Chester, to Approve Resolution R-58-22, A
POLICE SUVS/ RESOLUTION AUTHORIZING THE PURCHASE OF THREE FORD POLICE
CURRIE MOTORS INTERCEPTOR SUVS FROM CURRIE MOTORS OF FRANKFORT, ILLINOIS. Motion
Consent Agenda declared carried as approved unanimously under Consent Agenda.
Resolution
R-58-22
APPROVE AGRMT/ Moved by Brookman, seconded by Chester, to Approve Resolution R-59-22, A
PW FUEL DISP REM RESOLUTION APPROVING AN AGREEMENT WITH PETROLEUM TECHNOLOGIES
& INSTL/ PET TECH EQUIPMENT, INC FOR THE PUBLIC WORKS FACILITY FUEL DISPENSER
EO UIP REMOVAL AND INSTALLATION PROJECT. Motion declared carried as approved
Consent Agenda unanimously under Consent Agenda.
Resolution
R-59-22
APPROVE TASK Moved by Brookman, seconded by Chester, to Approve Resolution R-61-22, A
ORD NO 3/ CONST RESOLUTION APPROVING TASK ORDER NO. 3 WITH SPACECO, INC FOR
ENGR SVCS/ CONSTRUCTION ENGINEERING SERVICES. Motion declared carried as approved
SPACECO unanimously under Consent Agenda.
Consent Agenda
Page 3 of 11 3/21/2022
Resolution
R-61-22
APPROVE Moved by Brookman, seconded by Chester, to Approve Resolution R-62-22, A
RELEASE/ PUBLIC RESOLUTION APPROVING THE RELEASE OF THE PUBLIC IMPROVEMENT BOND
IMP BOND/ 750-800 FOR BUCKINGHAM PLACE DEVELOPMENT AT 750-800 EAST NORTHWEST
NW HWY HIGHWAY. Motion declared carried as approved unanimously under Consent Agenda.
Consent Agenda
Resolution
R-62-22
SECOND READING/ Moved by Brookman, seconded by Chester to Approve Ordinance Z-5-22, AN ORDINANCE
ORDINANCE AMENDING THE TEXT OF SECTIONS 12-3-1 AND 12-3-10 OF THE DES PLAINES
Z-5-22 ZONING ORDINANCE REGARDING PUBLIC NOTICE AND RECOVERY OF CITY
Consent Agenda COSTS. Motion declared carried as approved unanimously under Consent Agenda.
SECOND READING/ Moved by Brookman, seconded by Chester to Approve Ordinance M-8-22, AN ORDINANCE
ORDINANCE AMENDING SECTIONS 6-2-6-1 AND 6-2-6-2 OF THE DES PLAINES CITY CODE
M-8-22 REGARDING CANNABIS. Motion declared carried as approved unanimously under Consent
Consent Agenda Agenda.
APPROVE Moved by Brookman, seconded by Chester, to Approve the Minutes of the City Council
MINUTES meeting of March 7, 2022, as published. Motion declared carried as approved unanimously
Consent Agenda under Consent Agenda.
APPROVE Moved by Brookman, seconded by Chester, to Approve the Closed Session Minutes of the
MINUTES City Council meeting of March 7, 2022, as published. Motion declared carried as approved
Consent Agenda unanimously under Consent Agenda.
NEW BUSINESS
FINANCE & ADMINISTRATION — Alderman Zadrozny, Chair
WARRANT Alderman Zadrozny presented the Warrant Register.
REGISTER
Resolution Moved by Zadrozny, seconded by Brookman, to Approve the Warrant Register of March 22,
R-63-22 2022 in the Amount of $3,492,942.40 and Approve Resolution R-63-22.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
COMMUNITY DEVELOPMENT- Alderman Chester, Chair
CONSIDER
Director of Community and Economic Development Carlisle reviewed a memorandum dated
APPROVING A
February 28, 2022.
FINAL PLAT OF
SUBDIVISION FOR
The petitioner, Helen Roman, is requesting a Final Plat of Subdivision, named Helen Roman
THE SUBDIVISION
Subdivision, for the property located at 1041 North Avenue. The subject property is 14,156 -
LOCATED AT 1041
square feet (0.325 acres) in size and is comprised of one lot, which was improved with a single -
NORTH AVE
family residence, detached garage with driveway, sidewalk, and shed. However, the single -
Resolution
family residence has since been demolished.
Page 4 of 11 3/21/2022
R-64-22 The petitioner is proposing to subdivide the existing lot into two lots of record, each at 7,070.50
square feet. The existing detached garage, shed, and other pavement on the subject property
will be removed as part of this request. The petitioner's Final Plat of Helen Roman Subdivision
shows the subdivision of the existing lot into two 7,050 -square foot, 50 -foot wide lots. A ten -
foot public utility easement is proposed for the rear of each property and five-foot utility
easement proposed for the sides of each lot. A 25 -foot building setback line is proposed for
each lot in conformance with the minimum front yard setback requirements.
The PZB recommended (5-0) that the City Council approve the request as presented without
any conditions.
Moved by Oskerka, seconded by Chester, to Approve Resolution R-64-22, A RESOLUTION
APPROVING A FINAL PLAT OF SUBDIVISION FOR THE SUBDIVISION LOCATED
AT 1041 NORTH AVENUE, DES PLAINES, ILLINOIS.
Upon voice vote the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
CONSIDER Director of Community and Economic Development Carlisle reviewed a memorandum dated
APPROVING A March 10, 2022.
BUSINESS
ASSISTANCE The Katsis family (through Chardel Enterprises, LLC) owns Charcoal Delights at 1090 E.
PROGRAM GRANT Oakton Street. The restaurant, which has been at its current location since 1995, has applied
FOR INTERIOR for a $15,000 grant to remodel the existing dining room. In 2019 they received a total of
IMPROVEMENTS $28,474 from the Awning, Fagade Improvement, and Outdoor Seating grants. Now the
AT 1090 EAST applicant is proposing an interior remodeling of more than $80,000, with $73,000 toward
OAKTON ST eligible permanent improvements. These include new and more energy-efficient lighting,
Resolution permanent seating (booths and tables), countertops, and drywall/ceiling.
R-65-22
The "build -out" title in the grant implies the assistance is aimed toward establishing a
business's interior initially instead of remodeling after being already built out. Further, the
grant guidelines signal it may be targeted at businesses not currently in Des Plaines or those
businesses in Des Plaines but looking to move or open up an additional location. However, the
City Council has the authority to interpret the intent more broadly to include reinvestments in
existing businesses. The Council may fmd this practice, especially through relatively small
awards such as this request, as an effective retention and business -support strategy. The
applicant — a restaurant — generates food and beverage tax.
If the Council agrees the proposal is aligned with and appropriate for the Interior Build -Out
grant, it may adopt Resolution R-65-22, which approves a $15,000 award, reimbursable to the
applicant after project completion. All grant types under the Business Assistance Program are
disbursed from the same fund, which has been initially allocated $250,000 for 2022.
Moved by Smith, seconded by Brookman, to Approve Resolution R-65-22, A RESOLUTION
APPROVING A BUSINESS ASSISTANCE PROGRAM GRANT FOR INTERIOR
IMPROVEMENTS AT 1090 EAST OAKTON STREET.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Page 5 of 11 3/21/2022
CONSIDER Director of Community and Economic Development Carlisle reviewed a memorandum dated
SUPPORTING AND March 10, 2022.
CONSENTING TO
APPROVAL OF Applicant Seefried Industrial Properties, Inc. is the contract purchaser of 190 E. Touhy Ave.
CLASS 6b from seller Schamim's, LLC. The applicant is requesting a resolution supporting a Cook
CLASSIFICATION County Class 6b Property Tax Incentive (6b), which is designed to encourage industrial
FOR THE investment by reducing the assessment level of eligible properties for 12 years. Qualified
PROPERTY AT 190 industrial properties are assessed at 10% of market value for the first 10 years, 15% in the 1 lth
E. TOUHY AVE year and 20% in the 12th year. Normally such properties are assessed at 25% of market value.
Resolution This application is based on the New Construction eligibility criterion.
R-66-22
The subject property consists of a 3.8 -acre undeveloped site. The land is currently zoned M-2
General Manufacturing District and allows for a number of industrial uses. If approved the
applicant intends to purchase the property and construct a new approximately 68,000 -square -
foot speculative industrial building. The applicant projects the property value after full
construction at approximately $7.6 million, which is the $1.1 million current property value
plus a $6.5 million building construction cost. These values far exceed the minimum $10 per
square foot in required investment for City support (approximately $96 per building square
foot). The proposed facility will face Touhy Avenue and include 75 parking spaces, 16 exterior
dock doors, and two drive-in overhead doors.
The applicant does not yet have a tenant for the property but plans to lease the proposed facility
to one or more suitable industrial users. The applicant expects that once stabilized, the
industrial users' employment numbers could be between 20-50 full time employees, but they
are comfortable committing only to 20.
City policy on 6b review is that the minimum number of employees generated by a new
construction project should be at least 50 within two years after operations begin. However,
the City Council has the discretion to waive this requirement. The applicant is requesting a
waiver, pledging 20 employees. They state they have found difficulty in the past marketing
similar properties — particularly to warehouse/distribution users — where there was a job
requirement in the range of 50.
Tax Impact Scenarios (First 10 Years):
1. Estimated annual taxes as is (no improvements, no 6b): $84,685
2. Estimated annual taxes with proposed improvements with a 6b: $230,300
3. Estimated annual taxes with proposed improvements without a 6b: $575,750
The resolution contains a waiver of the City policy for minimum projected employment.
Alderman Brookman expressed a desire for an enforceable commitment for the development.
City Manager Bartholomew stated the issue of commitment has occurred in the past, and the
City worked with Cook County to provide a mechanism of enforcement.
Alderman Smith is concerned the petitioner does not have leases before the 6b is possibly
approved. Alderman Smith is considering a motion to table the resolution, but is content to
approve if there are safeguards in place.
Moved by Brookman, seconded by Chester, to Approve Resolution R-66-22, A
RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b
CLASSIFICATION FOR THE PROPERTY AT 190 E. TOUHY AVENUE.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
Page 6 of 11
MAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
3/21/2022
CONSIDER
Director of Community and Economic Development Carlisle reviewed a memorandum dated
AMENDING THE
March 10, 2022.
TEXT OF VARIOUS
physical, social, and/or mental impairment. Services range from health monitoring, medication
SECTIONS OF THE
The petitioner, Phil Joo Yum, is proposing to amend the Zoning Ordinance to create an Adult
ZONING
Day Service Center term and use (commonly called "adult day care"). The new definition
ORDINANCE
would create a business or organization type that could be permitted and would provide day
REGARDING
activities and care for older adults. The new use would be a conditional use in the C-1
ADULT DAY
Neighborhood Shopping, C-2 Limited Office Commercial, C-3 General Commercial, C-4
SERVICE AND
Regional Shopping, and C-5 Central Business Districts under Section 12-7-4(K). With the
CHILD CARE
exception of the C-7 High Density Campus District, where childcare centers are permitted
CENTERS
when accessory to an office or hotel and where adult day service is not proposed to be
Ordinance
established, the rest of the use table would be the same for child and adult day cares.
Z-6-22
According to the Illinois Department on Aging, adult day service — which is the exact term
CONSIDER
used by the Department — under the Community Care Program is designed for older people
APPROVING A
who want to remain in the community but who cannot be home alone during the day due to
CONDITIONAL USE
physical, social, and/or mental impairment. Services range from health monitoring, medication
PERMIT FOR AN
supervision, personal care, and recreation/therapeutic activities. These types of facilities are
ADULT DAY
required to be certified by the State and must adhere to the regulations under Section 240:
SERVICE CENTER
Community Care Program. A few key regulations are outlined below:
USE AT 2514
• Staffing Requirements: Six full-time staff (qualified adult day service staff, trained
BALLARD RD
volunteers or substitutes) or full-time equivalent for 36 to 45 participants and one
(CASE #22- 005 -TA-
additional staff member for each seven additional participants.
CU
• Age Requirement: Participants must be at least 60 years old (there is a separate day
.Ordinance
service program under the Illinois Department of Human Services to provide care for
Z-7-22
adults under this age with a developmental disability )
• Minimum Activity Area: A minimum of 40 square feet of activity area is required for
CONSIDER
every adult under care
AMENDING TITLE
4 OF THE CITY
The Proposed Text Amendments in Ordinance Z-6-22 are:
CODE REGARDING
. Establish adult day service center under Section 12-7-3(K) as a conditional use in the
DAYCARE
C-1 Neighborhood Shopping, C-2 Limited Office Commercial, C-3 General
CENTERS AND
Commercial, C-4 Regional Shopping, and C-5 Central Business Districts;
BUSINESS
. Adjust Section 12-8-7 to add a new subsection for adult day service center, new
REGISTRATIONS
subsection for childcare center, and new subsection regarding general compliance
Ordinance
with local, county, state, and federal laws;
M-9-22
. Adjust parking requirements for childcare center under Section 12-9-7 to
accommodate adult day service center;
• Add a definition for adult day service center under Section 12-13-3; and
• Adjust the existing term for childcare center to "Center, Child Care" for the purpose
of placing adult and childcare centers next to each other in the alphabetized terms
section.
The petitioner is also proposing a conditional use to allow an Adult Day Service Center in the
C-1 Neighborhood Shopping District at 2514 Ballard Road. The 20,228 -square -foot (0.46 -
acre) subject property consists of one parcel and is located at the northeast corner of Ballard
Road and Good Avenue. A 30- foot -wide unimproved alley is located directly north of the
subject property. The Plat of Survey shows the condition of the property in 2012 improved
with a one-story building, parking area, and fenced area. Since the demolition of the building
in 2015, the property is now vacant and improved with a solid wood fence on all four property
Page 7 of 11 3/21/2022
lines. Since the existing corner lot fronts two streets, the lot line fronting a street with the
shorter length is designated as the front (Good Avenue side, west lot line). The east lot line is
the rear, and the north and south lot lines are the sides. The rear line being adjacent to
commercial instead of residential affects the required building. The petitioner wishes to
redevelop the subject property with a one-story, 5,688 -square -foot building, a surface parking
lot, dumpster enclosure, landscaping along the perimeter of the parking lot area, new parkway
trees, building foundation landscaping beds, new turf areas, and fencing around the entire
property at varying heights. If the proposed text amendments are approved, the Adult Day
Service Center use will follow the same parking minimum as a childcare center: one space for
every 15 children or adults under care, plus one space for every employee. The petitioner plans
to provide day services to 80 participants, which requires a minimum of 11 full-time staff
members pursuant to the Illinois Department of Aging's Community Care Program. The
minimum parking required is eighteen spaces, including one accessible space. The Site Plan
accommodates nineteen 90 -degree parking spaces including one accessible space, which
would meet this requirement. Pursuant to Sections 12-9-6 and 12- 9-8 of the Zoning Ordinance,
90 -degree parking spaces must be a minimum of 8.5 feet wide by 18 feet long and handicap
accessible spaces shall be a minimum of 16 feet wide and 18 feet long. The proposed parking
space length is labeled as 18.5 feet, but the proposed parking space width is not labeled. Thus,
staff added a condition that the Site Plan is revised to add these details. The proposed building
will be constructed to meet the required bulk regulations for the C-1 district.
The proposed floor plan includes 5,100 square feet on the first level and 588 square feet on the
partial mezzanine level, totaling 5,688 square feet in gross floor area. The first level of the
proposed building will consist of a 3,200- square -foot activity area for adult day service
participants, offices for staff, restrooms, sitting areas, kitchenette area with seating, and utility
area. The partial mezzanine level is currently proposed to be open space for the day service
center operations.
The exterior of the proposed 27 -foot -tall building will be constructed with face brick on all
elevations. Given that this development includes new construction, the proposed building must
comply with the Building Design Standards pursuant to Section 12-3-11 of the Zoning
Ordinance for both exterior building materials and transparency. The building design standards
for a commercial building allow face brick, stucco, metal, and concrete masonry units as
permitted ground story materials. As the face brick is a permitted ground story material for a
commercial building, the proposal meets this requirement. As for transparency, the Building
Design Standards enforce blank wall limitations to restrict the amount of windowless area
permitted on a building fagade.
For the proposed building, the south and west elevations will face a street and will need to
meet these regulations. The south building elevation does not meet the first transparency
regulation and the west building elevation does not meet either transparency regulation. Thus,
staff has added a condition that the Elevation drawings are revised to comply with the Building
Design Standards for all street facing elevations.
The petitioner has also submitted a Photometric Plan indicating the foot-candle measurements
along the property lines and throughout the site. Pursuant to Section 12-12-10 of the Zoning
Ordinance, the foot-candle limits are restricted to 0.1 foot-candles along portions of the
property lines abutting single family residential districts and 2.0 foot-candles along portions of
the property lines abutting commercial districts. Given that the subject property abuts single
family residences on its north (side) property line, west (front) property line, and southeast
portion of the south (side) property line, the foot-candle limit for these areas is restricted to
0.1. The east (rear) property line and southwest portion of the south (side) property line abuts
commercially zoned property and is limited to 2.0 foot-candles at the property line. The
Photometric Plan shows measurements in excess of both foot candle limits described above
Page 8 of 11 3/21/2022
and will require revisions. Thus, staff has added a condition that the Photometric Plan is revised
to comply with Section 12-12-10 of the Zoning Ordinance at time of building permit.
The petitioner intends to maximize the available space of the proposed 5,688- square -foot
building to provide care for up to 80 participants, allocating 3,200 square feet on the first level
for interior activity area in conformance with the Illinois Department of Aging Community
Care Program's 40 square foot activity area requirement for every participant. In addition, up
to 11 staff members will be available on site to provide care to meet the required staffing ratio
pursuant to Illinois Department of Aging's Community Care Program. The hours of operation
for this use will be 8 a.m. to 2:30 p.m. Monday through Friday and closed on the weekends.
During the hours of operation, the proposed activities performed on site are bingo, group
discussions, lunch, and similar group activities inside the building and occasionally walks
outside the building. The petitioner plans to operate a bus service to transport participants to
and from the subject property.
The PZB recommended (7-0) that the City Council approve both requests as presented.
The Council has final authority over the text amendments and variation. Two ordinances are
attached: Ordinance Z-6-22 would approve the zoning text amendments and Ordinance Z-7-
22 would approve the conditional use. Should the City Council vote to approve the request,
the PZB and staff recommend the following conditions for the conditional use:
Conditions of Approval:
1. The petitioner shall revise and resubmit the Photometric Plan to comply with the
Environmental Performance Standards in Section 12-12-10 of the Zoning Ordinance
at time of building permit.
2. Plans may need to be revised further at time of building permit to meet all applicable
City regulations.
Title 4 of the City Code establishes Business Regulations. Currently the City does not regulate
adult day care, but it does license childcare centers. In researching and crafting a regulatory
framework for adult day service centers (adult day care), staff considered proposing adding an
additional adult day care license to City Code. The childcare center process was viewed as a
model for how to regulate a newly established adult day service business type. However, upon
consulting with the City's legal counsel, it became clear that not only was it possible or even
preferable not to license adult day service but also it was possible to eliminate the childcare
center local license in favor of the following:
• Strengthened language in Chapter 1 (Business Registration) that address compliance
with local, state, and federal laws, rules, or regulations;
• Additional language to tie business registrations to obtaining all required licenses or
certificates required by the State of Illinois; and
• Additional language in the Zoning Ordinance (Title 12) under the Use Standards for
Childcare and Adult Day Service Centers to fortify compliance with all local, county,
state, and federal licensing requirements.
As detailed earlier in this report, the proposed Adult Day Service Center would be certified by
the Illinois Department of Aging. Childcare centers in Illinois are licensed by the Department
of Child and Family Services (DCFS).
Eliminating the local child care license would not prevent the City from conducting inspections
or investigating complaints regarding either childcare or adult day service centers. Further,
passage of these amendments would not eliminate the requirement for having and maintaining
business registrations.
Based on staff research, there are 10 active childcare center licensed businesses, all of which
pay a $200 annual license fee (4-18-1 of the City Code). While the $2,000 does generate
Page 9 of 11 3/21/2022
revenue to the City, the Council may view eliminating the process and fee as a business -
friendly measure that does not compromise the City's authority or public safety.
The Council should consider individual motions on each of the following:
• Ordinance Z-6-22, which amends the Zoning Ordinance;
• Ordinance Z-7-22, which grants a conditional use permit for an adult day service
center at 2514 Ballard Road; and
• Ordinance M-9-22, which amends the City Code (Business Regulations).
Alderman Lysakowski asked if there is a way to find out how much service is needed by the
police and fire department at there other location by speaking with the Village of Niles. He
asked if this vote can be tabled to the next meeting.
City Manager Bartholomew offered the suggestion that since this is an ordinance which
requires two readings, the City Council proceed with a vote for approval tonight, with Director
of Community and Economic Development Carlisle coming back with the requested
information for the next reading, if approved.
Alderman Smith stated there are other medical faculties in her ward which require multiple
police and fire department assists causing issues for the residential areas, and stated she is
concerned the same issues many occur with this facility. Alderman Smith wants to make sure
the possible future business properly takes care of the seniors attending their facility.
Moved by Lysakowski, seconded by Chester, to Approve first reading of Ordinance Z-6-22,
AN ORDINANCE AMENDING THE TEXT OF VARIOUS SECTIONS OF THE DES
PLAINES ZONING ORDINANCE REGARDING ADULT DAY SERVICE AND CHILD
CARE CENTERS.
Upon voice vote, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Moved by Lysakowski, seconded by Chester, to Approve first reading of Ordinance Z-7-22,
AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR AN ADULT DAY
SERVICE CENTER USE AT 2514 BALLARD ROAD, DES PLAINES, ILLINOIS (Case
#22- 005 -TA -CU).
Upon voice vote, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Moved by Lysakowski, seconded by Chester, to Approve first reading of Ordinance M-9-22,
AN ORDINANCE AMENDING TITLE 4 OF THE DES PLAINES CITY CODE
REGARDING DAYCARE CENTERS AND BUSINESS REGISTRATIONS.
Upon voice vote, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Page 10 of 11 3/21/2022
PUBLIC WORKS - Alderman Moylan, Chair
CONSIDER Director of Public Works and Engineering Oakley reviewed a memorandum dated March 10,
AMENDING 2022.
SECTION 8-1-11 OF
THE CITY CODE At the February 22, 2022 City Council meeting, the Public Works Committee expressed a
REGARDING THE desire to increase the fees that are charged for non-compliant commercial properties that do
REMOVAL OF not remove snow from their adjacent public sidewalks.
SNOW AND ICE
FROM PUBLIC The current City Code 8-1-11, allows the City to charge the owner, lessee, tenant or occupant
RIGHTS OF WAY an amount sufficient to defray the entire cost of any work performed to remove snow/ice, plus
Ordinance a twenty five percent (25%) administrative fee. Staff reviewed our current costs to perform
M-10-22 these services and have determined that adding an additional $250 mobilization fee is
appropriate. This fee will help defray the costs of this service. The existing administrative fine
structure of up to $250 for first offense, up to $500 for second offense, up to $750 for third
offense would remain unchanged.
Staff recommends approval of Ordinance M-10-22, adding a $250 mobilization fee when
Public Works services are rendered.
Alderman Chester asked if $250 is enough.
Alderman Smith stated she does not think it is too high; she mentioned the property owners
should take care of the snow and ice. Alderman Smith asked if the City has enough staff for
snow removal for the violators.
Alderman Brookman supports this proposal; she stated there should be documentation the
businesses have been notified of the ordinance.
Alderman Oskerka stated the problem he has with the ordinance is that the mobilization fee
needs to be higher or the fines for the issue need to be higher; he stated in comparison to other
City fees this seems low. Alderman Oskerka stated his desire is to increase the mobilization
fee to $1,000.00.
Director of Public Works and Engineering Oakley recommended changing the mobilization
fee because the fines are defined by state statute, and it is the hearing officer or judge that
determines the amount of the fine.
Alderman Brookman asked for confirmation of the if the Administrative Hearing Officer has
the latitude regarding the adjustment of fines.
Alderman Moylan stated he is hesitant to make the fee too high where it will be too high for
small businesses.
City Manager Bartholomew stated the fine fee is a separate ordinance, and with direction of
General Counsel Friedman, stated the City can raise the fines.
Mayor Goczkowski asked General Counsel Friedman if the City Council can remove the
discretion from the fines.
General Counsel Friedman stated yes that can be done; he will verify the City has the authority
to set the amount.
Page 11 of 11 3/21/2022
Alderman Oskerka is concerned with the businesses being able to bargain down the fine, he
stated it is his belief that City controlling the cost of one fee or the other without being
negotiated is the best way to control the situation.
Alderman Chester stated it should be the City's goal to eliminate having to fine the businesses
due to the business completing their own snow removal.
City Manager Bartholomew recommended postponing to give General Counsel Friedman time
to investigate the fines regarding if the City Council can remove the ability for the
Administrative Hearing Officer to barter down the fines.
City Council without objection postponed Ordinance M-9-22 to the next available City Council
Agenda, AN ORDINANCE AMENDING SECTION 8-1-11 OF THE CITY OF DES
PLAINES CITY CODE REGARDING THE REMOVAL OF SNOW AND ICE FROM
PUBLIC RIGHTS OF WAY.
ADJOURNMENT Moved by Brookman, seconded by Chester, to adjourn the meeting. The meeting adjourned at
8:16 p.m.
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Jessi M. Mastalski — City Cl&k
APPROVED BY ME THIS
DAY OF (J/2Ak/t- 2022
Andrew Goczkowski, MAYOR