Council Minutes 10-17-22MINUTES 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,
OCTOBER 17, 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 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers,
Des Plaines Civic Center on Monday, October 17, 2022.
ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith. Absent: Brookman, Ebrahimi. A quorum was present.
CLOSED SESSION Moved by Chester, seconded by Zadrozny to convene into Closed Session under the following
sections of the Open Meetings Act — Probable or Imminent Litigation, Personnel, Sale of
Property, Purchase or Lease of Property, Litigation, and Semi -Annual Review of Closed
Session Meeting Minutes.
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Zadrozny, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Brookman, Ebrahimi
Motion declared unanimously carried.
The City Council recessed at 6:31 p.m.
The City Council reconvened at 7:01 p.m.
Roll call indicated the following Alderman present: Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith. Absent: Brookman, Ebrahimi. 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 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 Alderman Smith.
PUBLIC COMMENT Resident Nick Caputo requested help regarding the illicit ongoings at a house in his
neighborhood; he stated the property and activity at this location are a safety concern. He
mentioned he is dissatisfied with the response from the City thus far during the times he has
previously sought resolution.
Resident Deb Lester asked about the tree assessment being completed on Webford Ave.
Director of PWE Oakley stated the City has contracted a firm to survey the trees throughout
the City, and the report should be completed by the end of the year.
Resident Deb Lester asked about the new activity on the vacant lot at Prairie Ave and Lee St
and the status of the property.
Director of CED Carlisle stated the property is not under contract with any developers; stating
the activity may be related to maintenance, and will verify there are not any related violations.
Resident Deb Lester asked for an update on Cumberland Crossing.
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10/17/2022
City Manager Bartholomew stated there is no new update regarding Cumberland Crossing;
and recommended the resident call Director of CED Carlisle, Director of PWE Oakley, or
himself for further detail on the status of that property.
Resident Marian Cosmides commented on a previous tree survey, and asked the City to keep
the residents informed of any decisions on the status of the trees before action is taken.
ALDERMAN Alderman Chester stated Alderman Brookman is hosting a ward meeting on Wednesday,
ANNOUNCEMENTS October 191 at 7:00 p.m. at Good Shepard Church — lower level.
MAYORAL Mayor Goczkowski stated Des Plaines, along with other government agencies, is collecting
ANNOUNCEMENTS donations for the asylum seekers — further information can be found on the City website.
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 Oskerka, seconded by Chester, 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: 6 - Lysakowski, Moylan, Oskerka,
Zadrozny, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Brookman, Ebrahimi
Motion declared carried.
CONSENT AGENDA Moved by Chester, seconded by Smith, to Establish the Consent Agenda.
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Zadrozny, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Brookman, Ebrahimi
Motion declared carried.
Moved by Chester, seconded by Zadrozny, to Approve the Consent Agenda.
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Zadrozny, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Brookman, Ebrahimi
Motion declared carried.
Minutes were approved; Resolutions R-160-22, R-161-22, R-162-22, R-163-22, R-164-22,
R-165-22, R-166-22, R-168-22 were adopted.
Page 3 of 8 10/17/2022
APPROVE PURCH/ Moved by Chester, seconded by Zadrozny, to Approve Resolution R-160-22, A
HS/ENVIROSAFETY RESOLUTION APPROVING THE PURCHASE OF RADIO HEADSETS FROM
Consent Agenda ENVIROSAFETY. Motion declared carried as approved unanimously under Consent Agenda.
Resolution
R-160-22
APPROVE TSK ORD Moved by Chester, seconded by Zadrozny, to Approve Resolution R-161-22, A
10/ PROF ENG RESOLUTION APPROVING TASK ORDER NO. 10 UNDER A MASTER CONTRACT
SVCS/ DIXON ENG WITH DIXON ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES.
Consent Agenda Motion declared carried as approved unanimously under Consent Agenda.
Resolution
R-161-22
APPROVE AGRMT/ Moved by Chester, seconded by Zadrozny, to Approve Resolution R-162-22, A
PURCH OF FUEL/ RESOLUTION APPROVING AN AGREEMENT WITH AVALON PETROLEUM
AVALON PETRO COMPANY, INC. FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL. Motion
Consent Agenda declared carried as approved unanimously under Consent Agenda.
Resolution
R-162-22
APPROVE AGRMT/ Moved by Chester, seconded by Zadrozny, to Approve Resolution R-163-22, A
REPLC CAM/ KEY RESOLUTION APPROVING AN AGREEMENT WITH KEY CODE MEDIA, INC. FOR
CODE MEDIA THE REPLACEMENT OF CAMERAS IN THE CITY COUNCIL CHAMBERS. Motion
Consent Agenda declared carried as approved unanimously under Consent Agenda.
Resolution
R-163-22
APPROVE PURCH/ Moved by Chester, seconded by Zadrozny, to Approve Resolution R-164-22, A
SITE POLLUT RESOLUTION APPROVING PURCHASE OF SITE POLLUTION INCIDENT LEGAL
INCID LLP/ MWRD LIABILITY POLICY REGARDING A STORM SEWER EASEMENT. Motion declared
Consent Agenda carried as approved unanimously under Consent Agenda.
Resolution
R-164-22
APPROVE AGRMT/ Moved by Chester, seconded by Zadrozny, to Approve Resolution R-165-22, A
FERTILIZER & RESOLUTION APPROVING AN AGREEMENT WITH BEARY LANDSCAPE
WEED CTRL/ MANAGEMENT FOR FERTILIZER AND WEED CONTROL APPLICATION SERVICES.
BEARY LS MGMT Motion declared carried as approved unanimously under Consent Agenda.
Consent Agenda
Resolution
R-165-22
APPROVE AGRMT/ Moved by Chester, seconded by Zadrozny, to Approve Resolution R-166-22, A
DT LS/ BEARY LS RESOLUTION APPROVING AN AGREEMENT WITH BEARY LANDSCAPE
MGMT MANAGEMENT FOR DOWNTOWN LANDSCAPE MAINTENANCE. Motion declared
Consent Agenda carried as approved unanimously under Consent Agenda.
Resolution
R-166-22
Page 4 of 8 10/17/2022
APPROVE Moved by Chester, seconded by Zadrozny, to Approve the Minutes of the City Council
MINUTES meeting of October- 3, 2022, as published. Motion declared carried as approved unanimously
Consent Agenda under Consent Agenda.
APPROVE Moved by Chester, seconded by Zadrozny, to Approve the Minutes of the Special Meeting of
MINUTES the City Council - 2023 Budget Hearing #1 of October 5, 2022, as published. Motion declared
Consent Agenda carried as approved unanimously under Consent Agenda.
APPROVE Moved by Chester, seconded by Zadrozny, to Approve the Closed Session Minutes of the City
MINUTES Council meeting of October 3, 2022, as published. Motion declared carried as approved
Consent Agenda unanimously under Consent Agenda.
UNFINISHED
BUSINESS
CONSIDER AMEND Director of Community & Economic Development Carlisle reviewed a memorandum dated
TITLE 13 OF THE September 22, 2022.
CITY CODE RE
SUBD PROC AND At the September 19, 2022 City Council meeting, the Council deferred consideration of
PLATS Ordinance M-28-22, which consisted of amendments to the Subdivision Regulations (Title 13
Ordinance of City Code) in two respects: (i) clarifications regarding the Plat of Subdivision application,
M-29-22 submittal, and approval process; and (ii) changes to the performance security reduction process
for required public improvements. At the Council's direction, these topics have been split into
two ordinances.
The proposed amendments in administering the Subdivision Regulations are: (i) to allow
flexibility for submittal format, such as electronic; (ii) to clarify a current practice to allow
written property owner consent to suffice for initiating an application; (iii) to allow utility
approvals via written correspondence; and (iv) to allow specifically for an applicant to choose
to combine tentative and final plat approvals in a single, streamlined request.
Under the current code, the Planning and Zoning Board (PZB) has final authority on a
Tentative Plat but has only recommending authority on a Final Plat, which requires the final
approval of the City Council. Sometimes an applicant will choose to submit tentative and final
concurrently to save time. Historically, the City has allowed this, but the code is currently not
clear on his process. The amendments are to add language to provide for applicants to utilize
this option— provided that their submittal complies with the Final Plat requirements and has
undergone a staff review, including Public Works and Engineering.
The proposed amendments would also clarify the current practice of written owner consent to
fulfill the application requirement of Section 13-2- I.B. Further, at the Tentative Plat phase,
language clarification under "Utility Easements" regarding the requirement of private utility
companies to provide approvals "in writing'; under the amendments, the PZB would have the
ability in its Tentative Plat review to allow utility approvals to be provided at the Final instead
of the Tentative Plat stage.
Staff recommends the City Council approve Ordinance M-29-22.
Resident Deb Lester stated she objects to this proposal because it takes away an opportunity
for the public to comment at the tentative plot submission; and she stated she believes the
amendment is a band-aid approach to the city code since there are portions of it which are
outdated. She also questioned the notification provision for a subdivision.
Director of CED Carlisle and General Counsel Friedman gave further clarification of the notice
provision for a subdivision.
Page 5 of 8 10/17/2022
Resident Jim Hansen asked for further detail regarding the flowchart process, and asked for
clarification regarding the process in connection with 622 Graceland Ave. He also asked if this
process would save the City time and money.
Moved by Chester, seconded by Oskerka, to Approve the Ordinance M-29-22, AN
ORDINANCE AMENDING TITLE 13 OF THE DES PLAINES CITY CODE REGARDING
SUBDIVISION PROCEDURES AND PLATS.
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Zadrozny, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Brookman, Ebrahimi
Motion declared carried.
CONSIDER AMEND Director of Community & Economic Development Carlisle reviewed a memorandum dated
TITLE 13 OF THE September 22, 2022.
CITY CODE RE
SUBD PUBLIC IMP At the September 19, 2022 City Council meeting, the Council deferred consideration of
AND FIN GNTEES Ordinance M-28-22, which consisted of amendments to the Subdivision Regulations (Title 13
Ordinance of City Code) in two respects: (i) clarifications regarding the Plat of Subdivision application,
M-30-22 submittal, and approval process; and (ii) changes to the performance security reduction process
for required public improvements.
The Subdivision Regulations are the mechanism through which the City can require applicants
("subdividers") to pay for public improvements (generally infrastructure) that either run
through a site or border it in adjacent rights-of-way. The Regulations require a subdivider to
file a performance security — generally in the form of either a cash deposit or a letter of credit.
The Code provides for periodic reductions in the performance security once certain
benchmarks are completed in construction. These reductions are approved by PWE after
inspections. Current code allows these reductions to be approved only by Council resolution.
The proposed amendments allow for an administrative/City Manager approval of reductions,
still based on inspection approval by PWE, up to 75 percent of the performance security
amount. Council resolutions would be required on the final 25 percent of the amount. Further,
Council approval would still be required to accept the public improvements, as well as to
release the maintenance warranty, which is 10 percent of the full security amount and is held
until 18 months after the improvements are accepted by the Council.
The proposed amendments will also broaden the definition of "public improvements" so that
the term includes privately owned infrastructure or facilities that are for public use and benefit.
Staff recommends the City Council approve Ordinance M-30-22.
Alderman Chester stated he does not like moving the authority away from the City Council;
stating he does not support the 750/o/25%.
Alderman Oskerka stated he is not a fan of this because it provides an opportunity for a
variation in what is told to the City Council and the public versus the City Manager releasing
those funds; stating as it stands it provides a financial incentive for the petitioner to explain
any alterations in their project.
Alderman Moylan stated it is redundant having to vote three times, and that if there is an issue,
it can be addressed the two other times it comes to the City Council.
Alderman Smith stated she likes keeping the City Council in control of what is released.
NEW BUSINESS
WARRANT
REGISTER
Resolution
R-167-22
CONSIDER
AMENDING SEC 12-
7-1 OF THE ZONING
ORDINANCE
REGARDING THE
PERMITTED
NUMBER OF
PRINCIPAL
BUILDINGS ON A
ZONING LOT
Page 6 of 8 10/17/2022
Resident Jim Hansen asked if anyone uses cash bonds, or if it is primarily letter of credit.
City Manager Bartholomew stated it is almost always letters of credit, but he has seen a few
large cash bonds.
Resident Jim Hansen stated he sees this as routine business and a process that does not need to
be changed.
Resident Marian Cosmides gave a formatting suggestion regarding the PowerPoint. She also
stated that she prefers the decision always be left in the hands of the elected officials.
Resident Deb Lester stated changing this procedure does not give the Aldermen opportunity
to listen to the residents; and she gave her opinion on other aspects of the timeline changes.
Assistant City Manager/Director of Finance Wisniewski commented regarding the security
bond procedures.
Moved by Chester, seconded by Zadrozny, to Approve, as Amended, to remove the clause
related to the authority of the City Manager to reduce up to seventy-five percent, the Ordinance
M-30-22, AN ORDINANCE AMENDING TITLE 13 OF THE DES PLAINES CITY CODE
REGARDING SUBDIVISION PUBLIC IMPROVEMENTS AND FINANCIAL
GUARANTEES.
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Zadrozny, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Brookman, Ebrahimi
Motion declared carried.
FINANCE & ADMINISTRATION — Alderman Zadrozny, Chair
Alderman Zadrozny presented the Warrant Register.
Moved by Zadrozny, seconded by Smith, to Approve the Warrant Register of October 17, 2022
in the Amount of $4,296,393.53 and Approve Resolution R-167-22.
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Zadrozny, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Brookman, Ebrahimi
Motion declared carried.
COMMUNITY DEVELOPMENT - Alderman Chester, Chair
Director of Community & Economic Development Carlisle reviewed a memorandum dated
October 6, 2022.
The City of Des Plaines is proposing amending the Zoning Ordinance to add an allowance for
more than one principal building or structure on a zoning lot in the following instances: (i) a
C-2 or C -3 -zoned property of at least one-half acre in size; and (ii) for institutional uses (e.g.,
parks and recreation centers; elementary, middle, and high schools; colleges and universities;
and residentially zoned assembly uses) on property that is not zoned institutional.
Page 7 of 8 10/17/2022
Ordinance The summarized proposed amendments are:
Z-32-22 Section 12-7-1, General District Regulations: Modify Section 12-7-1.A, "Number of Buildings
On A Zoning Lot, " to do the following:
• Extend the existing allowance for multiple buildings on a zoning lot to sites of four
acres or more in any district where specific institutional uses are the principal use and
there are at least two acres for each principal building; and
• Add an allowance for additional buildings for properties of one-half acre or more in
the C-2 Limited Office Commercial District and C-3 General Commercial District.
Extend Allowance for Institutional Uses in All Districts (Currently Limited to I-1)
• Removes the zoning district qualifier allowing institutional uses in any zoning district
provided they are located on properties four or more acres in size;
• Rewords the acreage per building language to clarify that a minimum lot area of two
acres is required for each principal building to control the number of principal
buildings on a single zoning lot; and
• Restricts the allowance to specific institutional uses, including (i) public or private
elementary, middle, and high schools; (ii) parks, community and recreation centers;
(iii) residentially zoned assembly uses; and (iv) colleges and universities.
Add Allowance for All Uses in C-2 and C-3 Districts
• Adds new allowance for multiple principal buildings on sites of one-half acre or more
in the C-2 and C-3 districts without any restriction on the type of permitted or
conditional use.
The PZB voted 4-0 to recommend approval of the amendments as presented by staff.
Moved by Chester, seconded by Oskerka, to Approve the Ordinance Z-32-22, AN
ORDINANCE AMENDING SECTION 12-7-1 OF THE DES PLAINES ZONING
ORDINANCE REGARDING THE PERMITTED NUMBER OF PRINCIPAL BUILDINGS
ON A ZONING LOT (CASE# 22 -041 -TA).
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Zadrozny, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Brookman, Ebrahimi
Motion declared carried.
CONSIDER Director of Community & Economic Development Carlisle reviewed a memorandum dated
AMENDING THE October 6, 2022.
TEXT OF THE DES
PLAINES ZONING Presently, the Zoning Ordinance allows for only one sign, and staff regularly requires revisions
ORDINANCE to submitted sign permits to remove any menu signs exceeding the maximum number. Staff
REGARDING proposes to allow for up to two signs and to increase the maximum total sign area from 42
DRIVE-THROUGH square feet (current) to 60 square feet (proposed). Further, staff proposes slight adjustments to
MENU BOARDS the electronic message board (EMB) rules to clearly allow electronic drive-through menu
SIGNS board signs and to allow a drive-through to have up to two of them.
Ordinance
Z-33-22 In summary, these amendments would do the following:
• Allow for up to two drive-through menu board signs that collectively sum to no more
than 60 square feet. These may be directly adjacent to an ordering point and/or leading
up to the ordering point (current rules allow only one sign per ordering point); and
• Amend the electronic message board sign type to include a reference to drive-through
menu board signs, as most modern drive-through signs are electronic.
The PZB voted 4-0 to recommend approval of the amendments as presented by staff.
Page 8 of 8
10/17/2022
Moved by Chester, seconded by Zadrozny, to Approve the Ordinance Z-33-22, AN
ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE
REGARDING DRIVE-THROUGH MENU BOARDS SIGNS.
Upon voice vote, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Zadrozny, Chester, Smith
NAYS: 0 - None
ABSENT: 2 - Brookman, Ebrahimi
Motion declared carried.
OTHER MAYOR/ Alderman Smith stated she liked the previous resident suggestion regarding PowerPoint
ALDERMEN formatting.
COMMENTS FOR
THE GOOD OF THE
ORDER
ADJOURNMENT Moved by Chester, seconded by Oskerka to adjourn the meeting. The meeting adjourned at
8:19 p.m.
M - I oGt_
bsip,
M. Mastalski — CITY CLERK
APPROVED BY ME THIS
DAY OF i , 2022
Andrew Goczkowski, MAYOR