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Council Minutes 11-07-22MINUTES 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, NOVEMBER 7, 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 6:04 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, November 7, 2022. ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Oskerka, Zadrozny, Brookman, Chester, Smith. Absent: Moylan, Ebrahimi. A quorum was present. CLOSED SESSION Moved by Brookman, seconded by Oskerka 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, and Litigation. Upon roll call, the vote was: AYES: 6 - Lysakowski, Oskerka, Zadrozny, Brookman, Chester, Smith NAYS: 0 - None ABSENT: 2 - Moylan, Ebrahimi Motion declared unanimously carried. The City Council recessed at 6:04 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following Alderman present: Lysakowski, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi. Absent: Moylan. A quorum was present. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Public Works and Engineering Oakley, Assistant Director of Community and Economic Development Johnson, 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 Zadrozny. PROCLAMATIONS City Clerk Mastalski read a proclamation by Mayor Goczkowski declaring November 11, 2022 as Veterans Day. Mayor Goczkowski presented the proclamation to members of the Vietnam Veterans of America Chapter 311 and the American Legion Post 36. City Clerk Mastalski read a proclamation by Mayor Goczkowski declaring November as National Native American and Alaska Native Heritage Month. MINUTES OF THE PUBLIC HEARINGS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, MONDAY. NOVEMBER 7.2022 PUBLIC HEARING/ Mayor Goczkowski called the Public Hearing for reconsideration of Ordinance Z-28-22, an CONSIDER MAJOR ordinance approving major variations to allow an extension of an existing commercial mobile VARIATIONS FOR radio service facility at 2064-2074 Mannheim road, Des Plaines, Illinois (case #22-026-v), to MOBILE RADIO order at 7:07 p.m. SERVICE FACILITY This request for major variations for a proposed cell tower extension (Ordinance Z-28-22) was Page 2 of 8 11/7/2022 Ordinance not approved by the City Council at the September 19, 2022 meeting, as the ordinance failed Z-28-22 on first reading. However, at its October 3 meeting, the Council passed a motion to reconsider this request at the November 7 meeting. The petitioner, Michael Gasser on behalf of New Cingular Wireless PCS, LLC, has requested Major Variations to add a 30 -foot -tall expansion onto an existing 60 -foot -tall commercial mobile radio service facility located in the rear of the Extra Space Storage property at 2064- 2074 Mannheim Road. The subject property is located within the M-2 General Manufacturing district and consists of one lot with a multi-level building, small storage pods with paved access, and surface parking. The subject property is located along Mannheim Road and is currently accessed by two curb cuts. Access to the existing commercial mobile radio service facility is limited to the gated area located directly north of the commercial storage facility building. The existing commercial mobile radio service facility on site is classified as a freestanding (secondary principal use) as it does not relate to the commercial storage facility use (i.e., Extra Space Storage). The petitioner wishes to modify the existing commercial mobile radio service facility by adding a 30 -foot -tall tower extension with 12 new antennae and related equipment to address coverage and equipment requirements without the addition of a new monopole. The proposed extension would result in a monopole height of 90 feet with an overall equipment height of 93.5 feet. All regulations in Section 12-8-5 apply for commercial mobile radio service facilities. However, the two regulations in conflict with the petitioner's proposal are noted below pursuant to Section 12-8-5.B: • No commercial mobile radio service facility shall be located in any required yard, nor shall a freestanding commercial mobile radio service facility be located within fifty feet (50) of any property boundary line. • A freestanding commercial mobile radio service facility shall be set back from any residential zoning district a distance equivalent to its height; provided however, that in no case shall a freestanding commercial mobile radio service facility be located closer than one hundred feet (100) from any residential district. Since the proposal does not align with the aforementioned regulations above, major variation requests are required. The PZB recommended (7-0) that the City Council approve the Major Variation requests without any conditions. Moved by Brookman, seconded by Chester, to Approve the Ordinance Z-28-22, AN ORDINANCE APPROVING MAJOR VARIATIONS TO ALLOW AN EXTENSION OF AN EXISTING COMMERCIAL MOBILE RADIO SERVICE FACILITY AT 2064-2074 MANNHEIM ROAD, DES PLAINES, ILLINOIS (Case #22-026-V). Upon voice vote, the vote was: AYES: 7 - Lysakowski, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 1 - Moylan Motion declared carried. Advanced to Second Reading by Brookman, seconded by Chester, to Adopt the Ordinance Z-28-22, AN ORDINANCE APPROVING MAJOR VARIATIONS TO ALLOW AN EXTENSION OF AN EXISTING COMMERCIAL MOBILE RADIO SERVICE FACILITY AT 2064-2074 MANNHEIM ROAD, DES PLAINES, ILLINOIS (Case #22-026-V). Page 3 of 8 11/7/2022 Upon roll call, the vote was: AYES: 7 - Lysakowski, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 1 - Moylan Motion declared carried. Mayor Goczkowski adjourned the Public Hearing at 7:08 p.m. ALDERMAN Alderman Oskerka mentioned Forest School is having their annual Turkey Trot on ANNOUNCEMENTS Thanksgiving Day, and that more information can be found at forestschoolareaturkeytrot.com. Alderman Zadrozny stated he is hosting a ward meeting on Wednesday, November 91 at 7:00 p.m. at Golf Road Baptist Church. Alderman Smith mentioned current leaf pick-up will run through November 301. MAYORAL Mayor Goczkowski mentioned upcoming City holiday events — Holiday Tree Lighting on ANNOUNCEMENTS Friday, December 21 and Winter Fair on Saturday, December 31. He also stated the Youth Commission is holding a Holiday Hoopla on Saturday, December 101 from 1:00-3:00 p.m. 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: 7 - Lysakowski, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 1 - Moylan Motion declared carried. CITY CLERK City Clerk Mastalski reminded residents that November 8, 2022 is Election Day; and she gave ANNOUNCEMENTS/ further details regarding the ballots. COMMENTS MANAGER'S City Manager Bartholomew mentioned it has been one year since the grand opening of the REPORT Des Plaines Theatre, and he invited the operator, Ron Onesti, to say a few words. Ron Onesti spoke on the progress of the Des Plaines Theatre and future endeavors. He also presented the City with a plaque. Page 4 of 8 CONSENT AGENDA Moved by Brookman, seconded by Oskerka, to Establish the Consent Agenda. Upon voice vote, the vote was: AYES: 7 - Lysakowski, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 1 - Moylan Motion declared carried. PROVIDE FOR ABATEMENT/ 2022 TAX LEVY/ SERIES 2009A Consent Agenda Ordinance M-31-22 PROVIDE FOR ABATEMENT/ 2022 TAX LEVY/ SERIES 2018 Consent Agenda Ordinance M-32-22 11/7/2022 Moved by Brookman, seconded by Zadrozny, to Approve the Consent Agenda. Upon roll call, the vote was: AYES: 7 - Lysakowski, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 1 - Moylan Motion declared carried. Minutes were approved; Ordinances M-31-22, M-32-22, M-33-22, M-34-22 were approved; Ordinances M-29-22, M-30-22, Z-32-22, Z-33-22 were adopted; Resolutions R-169-22, R-170-22, R-171-22, R-172-22, R-174-22, R-175-22, R-176-22, R-177-22 were adopted. Moved by Brookman, seconded by Zadrozny, to Approve First Reading of Ordinance M-31-22, AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2022 TAX LEVY FOR THE 2009 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Zadrozny, to Approve First Reading of Ordinance M-32-22, AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2022 TAX LEVY FOR THE 2018 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2018. Motion declared carried as approved unanimously under Consent Agenda. LEVY TAXES/ Moved by Brookman, seconded by Zadrozny, to Approve First Reading of Ordinance SSA 15 M-33-22, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NO. 15 Consent Agenda OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Ordinance M-33-22 TERMINATE SSA/ Moved by Brookman, seconded by Zadrozny, to Approve First Reading of Ordinance 9.10. & 14 M-34-22, AN ORDINANCE TERMINATING EXPIRED SPECIAL SERVICE AREAS 9, 10 Consent Agenda AND 14. Motion declared carried as approved unanimously under Consent Agenda. Ordinance M-34-22 APPROVE TSK ORD Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-169-22, A NO 23/ PROF ENG RESOLUTION APPROVING TASK ORDER NO. 23 UNDER A MASTER CONTRACT SVCS/ TROTTER & WITH TROTTER & ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING ASSOC SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Page 5 of 8 11/7/2022 Consent Agenda Resolution R-169-22 APPROVE CHG Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-170-22, A ORD NO 1/ FIRE RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE AGREEMENT WITH STATION #61/ MANUSOS GENERAL CONTRACTING, INC. FOR THE FIRE STATION #61 INTERIOR MANUSOS GC RENOVATIONS PROJECT Motion declared carried as approved unanimously under Consent Consent Agenda Agenda. Resolution R-170-22 RESCIND R-113-22 Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-171-22, A & AUTH PURCH/ RESOLUTION RESCINDING RESOLUTION R-113-22 AND AUTHORIZING THE RADIO EQUIP & PURCHASE OF MOTOROLA RADIO EQUIPMENT FROM MOTOROLA INC., AND RADIO PROG SVCS/ RADIO PROGRAMMING SERVICES FROM CHICAGO COMMUNICATIONS. Motion CHICAGO COMM declared carried as approved unanimously under Consent Agenda. Consent Agenda Resolution R-171-22 APPROVE TSK ORD Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-172-22, A NO 2/ PROF ENG RESOLUTION APPROVING TASK ORDER NO. 2 UNDER A MASTER CONTRACT SVCS/ WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR PROFESSIONAL CHRISTOPHER B. ENGINEERING SERVICES. Motion declared carried as approved unanimously under BURKE ENG Consent Agenda. Consent Agenda Resolution R-172-22 AUTH EXEC OF Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-174-22, A AGRMTS/ CDBG RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS WITH FUNDS SUBRECIPIENTS OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Motion Consent Agenda declared carried as approved unanimously under Consent Agenda. Resolution R-174-22 AUTH EXPEND OF Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-175-22, A FUNDS/ DELL & RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS UNDER MICROSOFT AGREEMENTS WITH DELL MARKETING L.P. AND MICROSOFT CORPORATION. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-175-22 AUTH EXPEND OF Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-176-22, A FUNDS/ AMB 62/ RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS TO KARDS INC. FOR KARDS THE REPAIR OF AMBULANCE 62. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-176-22 Page 6 of 8 11/7/2022 RELEASE OF Moved by Brookman, seconded by Zadrozny, to Approve Resolution R-177-22, A CERTAIN MINS/ RESOLUTION RELEASING CERTAIN MINUTES OF CERTAIN CLOSED MEETINGS CLOSED SESSION OF THE CITY COUNCIL. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-177-22 SECOND READING/ Moved by Brookman, seconded by Zadrozny to Approve Ordinance M-29-22, AN ORDINANCE ORDINANCE AMENDING TITLE 13 OF THE DES PLAINES CITY CODE REGARDING M-29-22 SUBDIVISION PROCEDURES AND PLATS. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. SECOND READING/ Moved by Brookman, seconded by Zadrozny to Approve Ordinance M-30-22, AN ORDINANCE ORDINANCE AMENDING TITLE 13 OF THE DES PLAINES CITY CODE REGARDING M-30-22 SUBDIVISION PUBLIC IMPROVEMENTS AND FINANCIAL GUARANTEES. Motion Consent Agenda declared carried as approved unanimously under Consent Agenda. SECOND READING/ Moved by Brookman, seconded by Zadrozny to Approve Ordinance Z-32-22, AN ORDINANCE ORDINANCE AMENDING SECTION 12-7-1 OF THE DES PLAINES ZONING Z-32-22 ORDINANCE REGARDING THE PERMITTED NUMBER OF PRINCIPAL BUILDINGS Consent Agenda ON A ZONING LOT (CASE# 22 -041 -TA). Motion declared carried as approved unanimously under Consent Agenda. SECOND READING/ Moved by Brookman, seconded by Zadrozny to Approve Ordinance Z-33-22, AN ORDINANCE ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE Z-33-22 REGARDING DRIVE-THROUGH MENU BOARDS SIGNS. Motion declared carried as Consent Agenda approved unanimously under Consent Agenda. APPROVE Moved by Brookman, seconded by Zadrozny, to Approve the Minutes of the Special Meeting MINUTES of the City Council - 2023 Budget Hearing #2 of October 12, 2022, as published. Motion Consent Agenda declared carried as approved unanimously under Consent Agenda. APPROVE Moved by Brookman, seconded by Zadrozny, to Approve the Minutes of the City Council MINUTES meeting of October 17, 2022, as published. Motion declared carried as approved unanimously Consent Agenda under Consent Agenda. APPROVE Moved by Brookman, seconded by Zadrozny, to Approve the Closed Session Minutes of the MINUTES City Council meeting of October 17, 2022, as published. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. APPOINTMENT Mayor Goczkowski read the following appointment for consideration; no action was required: Appointments: FIRE PENSION BOARD Don Smith — Term to Expire 11 /21/2025 BOARD OF FIRE & POLICE COMMISSIONERS Kristy Garceau — Term to Expire 11/21/2025 Kristy Garceau thanked the City Council for the opportunity to be considered for appointment. NEW BUSINESS FINANCE & ADMINISTRATION — Alderman Zadrozny, Chair Page 7 of 8 11/7/2022 WARRANT Alderman Zadrozny presented the Warrant Register. REGISTER Resolution Alderman Chester asked for clarification regarding following items — Total 100 - General Fund R-178-22 $463,469.06 and Item 392 — Improvements $1,043,604.13. Moved by Zadrozny, seconded by Brookman, to Approve the Warrant Register of November 7, 2022 in the Amount of $5,019,266.38 and Approve Resolution R-178-22. Upon roll call, the vote was: AYES: 7 - Lysakowski, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 1 - Moylan Motion declared carried. CONSIDER Assistant City Manager/Director of Finance Wisniewski reviewed a memorandum dated AMENDMENTS TO October 26, 2022. THE INVESTMENT POLICY Each year the City complies with the Illinois Truth in Taxation Act (ITTA) requirements as it Resolution pertains to the issuance of the property tax levy. The ITTA requires the City to provide notice R-179-22 and conduct a public hearing if the proposed aggregate levy is 5% or more than the previous year's property tax extension. The aggregate levy is defined as the combination of the annual corporate levy and all other special purpose levies. The aggregate levy does not include debt service levies and levies made for the purpose of paying amounts due under public building commission leases. Under the ITTA, the City would be prohibited from levying any amount greater than 5% of the previous year's property tax extension if we failed to comply with this specific notice and hearing provisions. Since the 2022 estimated aggregate levy is below the 5% of the 2021 property tax extension (-2.91% decrease), the City is not required to publish a legal notice and hold a public hearing. However, staff recommends publishing a legal notice and holding a public hearing as it would provide the City Council with increased flexibility in determining the 2022 property tax levy amount and more opportunity for public input. Below is a schedule of the key dates and actions that must be observed in order to facilitate the review and approval of the 2022 property tax levy: • November 7 - Approval of the 2022 Proposed Property Tax Levy Resolution and Public Notice • November 7-14 - Publication of Property Tax Levy Public Hearing Legal Notice in local newspaper • November 21- Public Hearing on the Property Tax Levy Ordinance 1 st Reading of the Property Tax Levy Ordinance • December 5 - 2nd Reading and Approval of the Property Tax Levy Ordinance • December 27 - Last day to file the Tax Levy Ordinance with the Cook County Clerk's Office The hearing for the 2022 estimated property tax levy is scheduled for Monday, November 21, 2022, at 7:OOpm (at the beginning of the regularly scheduled City Council meeting). Staff recommends the City Council approve Resolution R-179-22 and Legal Notice for publication and hold the public hearing on the 2022 estimated property tax levy. Moved by Zadrozny, seconded by Brookman, to Approve the Resolution R-179-22, A RESOLUTION ESTIMATING THE AMOUNT OF FUNDS NECESSARY TO BE RAISED THROUGH TAXATION UPON THE TAXABLE PROPERTY WITHIN THE CITY. Page 8 of 8 11/7/2022 Upon roll call, the vote was: AYES: 7 - Lysakowski, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 1 - Moylan Motion declared carried. ADJOURNMENT Moved by Brookman, seconded by Chester to adjourn the meeting. The meeting adjourned at 7:26 p.m. ��' N - 0'� ; /( J a M. Mastalski — CITY CLERK APPROVED BY ME THIS _ :t DAY OF , 2022 Andrew Goczkowski, MAYOR