Council Minutes 11-20-23CALL TO
ORDER
ROLL CALL
CLOSED SESSION
Also present were: City
Director of Public Works
Johnson, Fire Chief Anders
PRAYER AND
PLEDGE
PUBLIC HEARING/
CONSIDER LEVYING
TAXES FOR THE
CITY FOR THE TAX
LEVY YEAR
BEGINNING
JAN 1, 2023 &
ENDING DEC 31, 2023
Ordinance
M-19-23
MINUTES 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 20, 2023
The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to
order by Mayor Goczkowski at 6:01 p.m. in the Eleanor Rohrbach Memorial Council
Chambers, Des Plaines Civic Center on Monday, November 20, 2023.
Roll call indicated the following Aldermen present: Lysakowski, Oskerka, Sayad, Walsten,
Smith, Charewicz. Absent: Moylan, Brookman. A quorum was present.
Moved by Sayad, 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, Ongoing or Pending Litigation, and Collective
Bargaining.
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Oskerka, Sayad,
Walsten, Smith, Charewicz
NAYS: 0 - None
ABSENT: 2 - Moylan, Brookman
Motion declared unanimously carried.
The City Council recessed at 6:02 p.m.
The City Council reconvened at 7:04 p.m.
Roll call indicated the following Alderman present: Lysakowski, Moylan, Oskerka, Sayad,
Brookman, Walsten, Smith, Charewicz. A quorum was present.
Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski,
and Engineering Oakley, Assistant Director of Community and Economic Development
on, Police Chief Anderson, and General Counsel Friedman.
The prayer and the Pledge of Allegiance to the Flag of the United States of America were
offered by Alderman Moylan.
MINUTES OF THE PUBLIC HEARINGS HELD IN THE ELEANOR ROHRBACH
MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, MONDAY,
NOVEMBER 20, 2023
Mayor Goczkowski called the Public Hearing for reconsideration of Ordinance M-19-23, an
ordinance levying taxes for the City of Des Plaines, Cook County, Illinois for the tax levy
year beginning January 1, 2023 and ending December 31, 2023, to order at 7:05 p.m.
Assistant City Manager/Director of Finance Wisniewski reviewed a memorandum dated
November 7, 2023.
The Illinois Truth in Taxation Act (ITTA) requires the City to provide notice and conduct a
public hearing if the proposed aggregate levy is 5% or more than the previous year's property
tax extension. Under the ITTA, the City would be prohibited from levying any amount
greater than 5% of the previous year's property tax extension if the City failed to comply
with this specific notice and hearing provisions.
Page 2 of 7 11/20/2023
Presented for City Council approval is the 2023 Tax Levy representing a .58% decrease from
the 2022 Property Tax Extension. Section 18-15 of the Illinois Property Tax Code requires
that the City adopt a tax levy ordinance and file it with the County Clerk's office by the last
Tuesday in December (Tuesday, December 26 for 2023).
The 2023 Tax Levy is scheduled for first reading on November 20th (in conjunction with
the public hearing on the Tax Levy) and second reading on December 4th.
Staff recommends the City Council formally adopt the 2023 Property Tax Levy Ordinance.
Moved by Charewicz, seconded by Sayad, to Approve First Reading of Ordinance M-19-23,
AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK
COUNTY, ILLINOIS FOR THE TAX LEVY YEAR BEGINNING JANUARY 1, 2023
AND ENDING DECEMBER 31, 2023.
Upon voice vote, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad,
Brookman, Walsten, Smith, Charewicz
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Mayor Goczkowski adjourned the Public Hearing at 7:08 p.m.
PUBLIC COMMENT Resident Kathleen Petersen stated she is working with the Izaak Walton League to form a
coalition of environmentalists and spoke on behalf of the initiatives.
Resident Stan Zimmerman expressed his disagreement with the development of the bridge
over the Union Pacific railroad tracks on Algonquin Rd.
ALDERMAN Alderman Moylan wished everyone a Happy Thanksgiving.
ANNOUNCEMENTS
Alderman Oskerka mentioned the Optimist Club will be opening their annual tree lot for the
season at Lake Park on November 25th through December 22" d
Alderman Sayad gave a reminder that on December 1st is the Holiday Tree Lighting
Ceremony and on December 2nd is the Winter Fair at Metropolitan Square. He also stated
garbage pickup will be delayed this week by a day due to the holiday. He wished everyone
a Happy Thanksgiving. He also mentioned the Elk Grove Township will be hosting a seminar
regarding property taxes on November 28th at 6:00 p.m.
Alderman Brookman stated she hosted a meeting for a couple of neighborhoods in the 5th
Ward and thanked Police Chief Anderson and two members of his staff for an excellent
presentation. She also wished everyone a Happy Thanksgiving.
Alderman Walsten wished everybody a Happy Thanksgiving. He also thanked Police Chief
Anderson for taking care of a recent issue.
Alderman Smith thanked the Lucci family for having a successful tree sale with proceeds
benefiting the local backpack program.
Alderman Charewicz wished a Happy Thanksgiving. He mentioned leaf pick up will not be
delayed this week even with the holiday. He also repeated Optimist Tree lot is set up at Lake
Opeka. He stated his next ward meeting will be December 5th at 7:00 p.m.
Page 3 of 7 11/20/2023
MAYOR
ANNOUNCEMENTS
MANAGER'S
REPORT
CONSENT AGENDA
APPROVE AMEND
TITLE 7/ PARKING/
NEAR O'HARE
Consent Agenda
Ordinance
M-20-23
APPROVE CBA/
AFSCME
Consent Agenda
Resolution
R-209-23
Mayor Goczkowski acknowledged Maine Township, the American Legion Post 36, and the
Des Plaines Community Foundation for helping the community with Thanksgiving
giveaways. He also mentioned the Cook County Board of Appeals stated Maine Township
and Elk Grove Township are currently open for appeal through December 12th; further
information can be found at www.cookcountyboardofreview.com.
City Manager Bartholomew mentioned discussion regarding canceling the January 2'
meeting.
City Council had consensus to cancel the January 2' regular meeting of the City Council.
Assistant Director of CED Johnson Ryan mentioned that Item #8, second reading of
Ordinance Z-31-23, consideration of a conditional use permit for an auto service repair use
at 607 E Oakton St. required some clarification under ordinance section #2 stating the
minimum 5 foot wide perimeter landscape area must be installed along the perimeter of the
parking area should be corrected to state that the perimeter of the south parking area and the
east property line shown on the site plan should have the five foot landscape buffer.
Moved by Sayad, seconded by Brookman, to Establish the Consent Agenda with the changes
mentioned.
Upon voice vote, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad,
Brookman, Walsten, Smith, Charewicz
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Moved by Brookman, seconded by Oskerka, to Approve the Consent Agenda with the
changes mentioned.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad,
Brookman, Walsten, Smith, Charewicz
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Minutes were approved; Ordinance M-17-23, M-18-23, Z-31-23 were adopted; Ordinance
M-20-23 was approved; Resolutions R-209-23, R-211-23, R-212-23, R-213-23 were
adopted.
Moved by Brookman, seconded by Oskerka, to Approve First Reading of Ordinance
M-20-23, AN ORDINANCE AMENDING TITLE 7 OF THE CITY CODE REGARDING
RESIDENTIAL PARKING AND RESTRICTED RESIDENT PARKING DISTRICTS
NEAR O'HARE AIRPORT. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Oskerka, to Approve Resolution R-209-23, A
RESOLUTION APPROVING A THREE-YEAR COLLECTIVE BARGAINING
AGREEMENT WITH THE AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES. Motion declared carried as approved unanimously under
Consent Agenda.
Page 4 of 7 11/20/2023
AUTH PROC/ ROCK
SALT/ MORTON
Consent Agenda
Resolution
R-211-23
REJECT BIDS/
BOILER & HEAT
Consent Agenda
Resolution
R-212-23
APPROVE PLAT OF
DED/ 2321 EASTVIEW
Consent Agenda
Resolution
R-213-23
SECOND READING/
ORDINANCE
M-17-23
Consent Agenda
SECOND READING/
ORDINANCE
M-18-23
Consent Agenda
SECOND READING/
ORDINANCE
Z-31-23
Consent Agenda
APPROVE
MINUTES
Consent Agenda
APPROVE
MINUTES
Consent Agenda
APPROVE
MINUTES
Consent Agenda
NEW BUSINESS
Moved by Brookman, seconded by Oskerka, to Approve Resolution R-211-23, A
RESOLUTION AUTHORIZING THE PROCUREMENT OF ROCK SALT FROM
MORTON SALT, INC. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Brookman, seconded by Oskerka, to Approve Resolution R-212-23, A
RESOLUTION REJECTING ALL BIDS FOR THE PUBLIC WORKS BUILDING
BOILER REPLACEMENT AND MAIN GARAGE INFRARED HEAT INSTALLATION.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Oskerka, to Approve Resolution R-213-23, A
RESOLUTION APPROVING A PLAT OF DEDICATION FOR A PORTION OF
PRIVATE PROPERTY AT 2321 EASTVIEW DRIVE. Motion declared carried as approved
unanimously under Consent Agenda.
Advanced to second reading by Brookman, seconded by Oskerka, to Adopt the Ordinance
M-17-23, 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.
Advanced to second reading by Brookman, seconded by Oskerka, to Adopt the Ordinance
M-18-23, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NO. 15
OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. Motion declared carried
as approved unanimously under Consent Agenda.
Advanced to second reading by Brookman, seconded by Oskerka, to Adopt the Ordinance
Z-31-23, AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR AN
AUTO SERVICE REPAIR USE AT 607 E. OAKTON STREET, DES PLAINES,
ILLINOIS (Case #23-055- CU). Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Oskerka, to Approve the Minutes of the Special Meeting
of the City Council — 2024 Budget Hearing #2 of October 18, 2023, as published. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Oskerka, to Approve the Minutes of the City Council
meeting of November 6, 2023, as published. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Oskerka, to Approve the Closed Session Minutes of the
City Council meeting of November 6, 2023, as published. Motion declared carried as
approved unanimously under Consent Agenda.
FINANCE & ADMINISTRATION — Alderman Sayad, Chair
Page 5 of 7 11/20/2023
WARRANT
REGISTER
Resolution
R-214-23
CONSIDER
ADOPTING THE
CITY'S CURRENT
PAID LEAVE &
BENEFITS POLICY &
OPTING OUT OF THE
ILLINOIS PAID
LEAVE FOR ALL
WORKERS FOR
EMPLOYEES
Ordinance
M-21-23
Alderman Sayad presented the Warrant Register.
Moved by Sayad, seconded by Oskerka, to Approve the Warrant Register of
November 20, 2023, in the Amount of $5,448,756.03 and Approve Resolution R-214-23.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad
Brookman. Walsten, Smith, Charewicz
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
On March 13, 2023, Governor JB Pritzker signed into law the Illinois Paid Leave for All
Workers Act (Public Act 102-1143), which established mandatory paid leave for all workers
in Illinois with limited exceptions. As a home rule municipality, the City of Des Plaines has
the opportunity to opt out of this Act and adopt its own generous leave policies. Action must
be taken before the Act's effective date of January 1, 2024.
The Illinois Paid Leave for All Workers Act entails the following key provisions: Employee
Rights Under the Act:
• Eligibility for 1 hour of leave for every 40 hours worked (or pro -rated based on
average weekly hours), with a maximum of 40 hours.
• Leave can be used for any reason and any time without notice unless the employer
has a written policy for such procedures; an employer may require up to seven
calendar days' notice if leave is foreseeable.
• No requirement to find a replacement when using leave.
• Payout of leave is mandated upon employment separation if the leave is banked
under current vacation or personal leave policies. If it is tracked via a separate leave
bank, it is not required to be paid out upon separation from the City.
• Carryover from the prior year is required if the leave is accrued, not frontloaded.
• Employees can request their leave balance at any time.
Employer Rights Under the Act:
• Employers can require leave to be used in 2-hour increments, provided it is stated in
a policy.
• Up to a 7-day advanced notice requirement can be instituted for foreseeable leave,
as long as it is stated in a policy.
• Employees are not entitled to use paid leave under the Act until 90 days following
commencement of employment, or the effective date of the Act, whichever is later.
• Employers do not have to make a payout upon separation if leave is separately
banked, but an employer must still comply with the Act's reporting requirements,
including preserving records for not less than three years, and providing notice of
the amount of paid leave accrued or used upon an employee's request.
The Act does not apply to school districts, park districts, and employees in the currently
covered collective bargaining agreements. Employees covered by a collective bargaining
agreement as of January 1, 2024, are also exempt, but the Act's provisions become
mandatory subjects of bargaining upon contract expiration. This includes public safety
collective bargaining agreements.
The City of Des Plaines currently provides a comparable paid time off package to its
employees. Under the plain language of the Act, there are no exceptions for lack of coverage
or resources in City Hall or a public safety environment. For those exceptions, this issue will
be rectified by placing regular part-time positions on a pro -rated version of the City's
vacation and sick leave accrual programs.
Page 6 of 7 11/20/2023
CONSIDER ZONING
TEXT AMEND RE
LANDSCAPE BUFFER
REQ IN C-4 DISTRICT
Ordinance
Z-32-23
In consultation with the City Attorney, staff recommends that the City of Des Plaines as an
employer exempt itself from the Paid Leave for All Workers' Act through its home rule
authority, and instead, adopt its current paid leave policies.
In order to do this, the City Council must pass an ordinance opting out of the Illinois Paid
Leave for All Workers Act and officially adopting its existing paid leave policies before its
effective date on January 1, 2024.
Alderman Brookman requested it be reflected the City Council authorizes policy changes,
not the Human Resource department; she wanted to make it clear that if there is a change
that is not related to the mandate for opting out, that the change comes before the City
Council and not Human Resources.
Alderman Brookman called for a point of order that she would like to vote in favor of this
ordinance, but she wanted to go on record that it is without Human Resources dictating that
they would take care of this change of policy; she stated if there is a change of policy, it
comes before the City Council and Human Resources does not change policy.
Moved by Sayad, seconded by Brookman, to Approve First Reading of Ordinance M-21-23,
AN ORDINANCE ADOPTING THE CITY OF DES PLAINES' CURRENT PAID LEAVE
AND BENEFITS POLICY AND OPTING OUT OF THE ILLINOIS PAID LEAVE FOR
ALL WORKERS ACT (820 ILCS 192/1 et seq.) FOR ALL CITY OF DES PLAINES
EMPLOYEES.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad,
Brookman, Walsten, Smith, Charewicz
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Advanced to second reading by Sayad, seconded by Brookman, to Adopt the Ordinance
M-21-23, AN ORDINANCE ADOPTING THE CITY OF DES PLAINES' CURRENT
PAID LEAVE AND BENEFITS POLICY AND OPTING OUT OF THE ILLINOIS PAID
LEAVE FOR ALL WORKERS ACT (820 ILCS 192/1 et seq.) FOR ALL CITY OF DES
PLAINES EMPLOYEES.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad,
Brookman, Walsten, Smith, Charewicz
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Moylan, Chair
Assistant Director of Community & Economic Development Johnson reviewed a
memorandum dated November 8, 2023.
The petitioner is proposing to modify Section 12-10-9.0 to require properties located in the
C-4 Regional Shopping district that abut residential properties to comply with landscape
buffer requirements in Section 12-10-9 of the Zoning Ordinance.
Currently, properties in the C-4 Regional Shopping district are exempt from the landscape
buffer requirements. However, many properties in the C-4 district directly abut or are
adjacent to properties in the R-1 or R-2 districts. Staff has also received complaints regarding
existing fences on some C-4-zoned properties that are in disrepair and are not providing
Page 7 of 7 11/20/2023
OTHER MAYOR
COMMENTS
proper screening between different districts. As such, staff is proposing to adjust the
landscape buffer table above to add the C-4 district, requiring properties in this district to
comply with landscape buffer regulations currently in place for properties in the C-3, M-1,
M-2, and M-3 districts.
The full proposed amendments are attached and are summarized below:
Section 12-10-9, Landscape Buffers: Adjust subsection C of this section to regulate
landscape buffers for properties located in the C-4 Regional Shopping district the same way
as currently regulated for properties in the C-3, M-1, M-2, and M-3 districts. The landscape
buffer regulations that will apply are as follows:
• Shade trees, a minimum of two and one-half inches in caliper, shall be planted on an
average of one tree for every 30 feet of the yard length.
• A solid wood, vinyl, or masonry fence eight feet in height shall be erected along 100
percent of the yard length.
• The landscape buffer area not planted with trees shall be maintained as turf or other
ground cover.
The Planning and Zoning Board (PZB) recommended approval 6-0 of the amendments.
Moved by Brookman, seconded by Walsten, to Approve First Reading of Ordinance
Z-32-23, AN ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING
ORDINANCE REGARDING LANDSCAPE BUFFERS AND SCREENING.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad,
Brookman, Walsten, Smith, Charewicz
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Advanced to second reading by Brookman, seconded by Walsten, to Adopt the Ordinance
Z-32-23, AN ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING
ORDINANCE REGARDING LANDSCAPE BUFFERS AND SCREENING.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad,
Brookman, Walsten, Smith, Charewicz
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Mayor Goczkowski wished everyone a Happy Thanksgiving, and hopes to see everyone at
the Holiday Tree Lighting on December 1 s`
ADJOURNMENT Moved by Sayad, seconded by Brookman to adjourn the meeting. Upon voice vote, motion
declared carried. The meeting adjourned at 7:45 p.m.
APPROVED BY ME THIS litclit
DAY OF 023
Andrew Goczkowski, MAYOR
Jes . Mastalski — CITY CLERK