12/04/2017CALL TO
ORDER:
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,
DECEMBER 4, 2017
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Mayor Bogusz at 6:03 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, December 4, 2017.
ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd,
Sayad, Brookman, Chester, Smith and Charewicz.
CLOSED
SESSION:
Moved by Robinson, seconded by Chester, to enter into Closed Session to discuss
Collective Bargaining, Probable Litigation, Review of Closed Session Minutes
and Property Acquisition. Upon roll call, the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
The City Council recessed at 6:04 p.m.
The City Council reconvened at 7:11 p.m.
Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd,
Sayad, Brookman, Chester, Smith, Charewicz. A quorum was present.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski,
Director of Public Works and Engineering Oakley, Director of Community and Economic Development
McMahon, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman.
PRAYER AND The prayer was given by Pastor Daryl York of Brentwood Baptist Church,
PLEDGE: followed by the Pledge of Allegiance to the Flag of the United States of America.
PROCLAMATION: Mayor Bogusz signed a Proclamation celebrating the Illinois Bicentennial and
announced that there will be various celebration activities in Illinois throughout
the year.
PUBLIC
HEARING:
PROPOSED 2017
PROPERTY TAX
HEARING:
Mayor Bogusz called to order the Public Hearing for the Proposed 2017 Property
Tax Hearing at 7:14 pm.
Assistant City Manager/Director of Finance Wisniewski explained each year the
City complies with the Illinois Truth in Taxation Act (ITTA) requirements as it
pertains to the issuance of the property tax levy. The 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.
(Cont.)
CDBG PY2016
CAPER:
CITIZEN
PARTICIPATION:
UNFINISHED
BUSINESS:
APPROVE
ANNEXATION
AND
DEVELOPMENT
AGMT WITH
DUBIN
HOLDINGS, INC.
Resolution
R-174-17
Page 2 of 18 12/04/17
Since the 2017 estimated aggregate levy is below the 2016 property tax extension
(2.64% decrease), the City was not required to hold a public hearing. However for
transparency a Public Hearing provides residents the opportunity to know the
amount of the tax levy and tax levy plans. The tax levy amount is $23,083,150.
With no comments or questions the Public Hearing was adjourned at 7:16 pm.
Mayor Bogusz called to order the Public Hearing for the CDBG PY2016
Consolidated Annual Performance and Evaluation Report (CAPER) at 7:16 pm.
Director of Community and Economic Development McMahon provided a
summary of the 2016 CAPER program performance of Year 1 of the CDBG
Consolidated Plan. The CAPER reports on the expenditures and accomplishments
of the public service, housing and infrastructure programs performed in respect to the
goals established in the Action Plan.
This public hearing will complete the required public comment period as required
by HUD. The 15 -day public comment period for the CAPER began
November 17, 2017, following a legal notice published in the Journal and Topics on
November 3, 2017. The CAPER is available for public viewing at,
www.desplaines.org/cdbglegalnotice, as well as at City Hall.
With no comments or questions the Public Hearing is adjourned at 7:17 pm.
No Public Comments.
Without objection items 1 a-1 d of Unfinished Business were moved before the
Consent Agenda.
The items regarding the East River Road properties were deferred from the
November 20, 2017 City Council meeting. Aldermen expressed their concern
regarding the brick requirement and the set -back of the proposed development.
Director of Community and Economic Development McMahon explained the
petitioner did not ask for any variances and will follow the first story brick
requirement per the City Code.
Mr. Bernard Citron, attorney for the petitioner, will provide a new preliminary
PUD and Plat which will increase the set -back 10 feet along East River Road.
Moved by Sayad, seconded by Rodd to adopt Resolution R-174-17, A
RESOLUTION APPROVING AN ANNEXATION AND DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF DES PLAINES AND DUBIN
HOLDINGS, INC. (225, 300, 301, 304, 310 & 330 N. EAST RIVER ROAD).
Upon roll call, the vote was:
AYES: 7-Lysakowski, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 1 -Robinson
ABSENT: 0 -None
APPROVE ORD.
A-1-17 ANNEXING
N. EAST RIVER
ROAD
PROPERTIES:
APPROVE ORD.
Z-25-17 ZONING
MAP
AMENDMENT
FOR N. EAST
RIVER ROAD
PROPERTIES:
APPROVE Z-28-17
PRELIMINARY
PUD FOR N. EAST
RIVER ROAD
PROPERTIES:
CONSENT
AGENDA:
Page 3 of 18 12/04/17
Motion declared carried.
Moved by Sayad, seconded by Brookman to adopt SECOND READING -
ORDINANCE A-1-17, AN ORDINANCE ANNEXING 225, 301, 300, 304, 310,
330 N. EAST RIVER ROAD TO THE CITY OF DES PLAINES. Upon roll call,
the vote was:
AYES: 7-Lysakowski, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS : 1 -Robinson
ABSENT: 0 -None
Motion declared carried.
Moved by Sayad, seconded by Chester to adopt SECOND READING -
ORDINANCE Z-25-17, AN ORDINANCE APPROVING A ZONING MAP
AMENDMENT FOR 225, 301, 300, 304, 310, 330 N. EAST RIVER ROAD,
DES PLAINES, IL. Upon roll call, the vote was:
AYES: 7-Lysakowski, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 1 -Robinson
ABSENT: 0 -None
Motion declared carried.
Moved by Brookman, seconded by Sayad to adopt SECOND READING -
ORDINANCE Z-28-17, AN ORDINANCE APPROVING A PRELIMINARY
PLANNED UNIT DEVELOPMENT FOR 300, 304, 310, 330 N. EAST RIVER
ROAD, DES PLAINES, IL with the amendment of a 25 foot set -back. Upon roll
call, the vote was:
AYES: 7-Lysakowski, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 1 -Robinson
ABSENT: 0 -None
Motion declared carried.
Moved by Rodd, seconded by Robinson, to establish the Consent Agenda. Motion
declared carried.
Moved by Brookman, seconded by Chester, to approve the Consent Agenda. Upon
roll call, the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, Sayad
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Minutes were approved; Resolution R-182-17, R-183-17, R-184-17, R-188-17;
Ordinances M-22-17, M-24-17, M-25-17, M-26-17, M-27-17, M-28-17, M-29-17,
M-30-17, M-31-17, M-32-17, M-33-17, M-34-17, M-35-17, M-36-17, M-37-17,
M-38-17, M-39-17, M-40-17, M-41-17, M-42-17, M-43-17 were adopted.
APPROVE
AGMT/TYLER
TECHNOLOGIES/
LOGOS:
Consent Agenda
Resolution
R-182-17
APPROVE CDBG
PY2016 CAPER:
Consent Agenda
Resolution
R-183-17
AWARD BID/SIVI
GROUP/
AGGREGATE
MATERIALS AND
SPOILS
DISPOSAL:
Consent Agenda
Resolution
R-184-17
AUTHORIZE
ESTOPPEL
CERTIFICATE
1555-1565
ELLINWOOD:
Consent Agenda
Resolution
R-188-17
SECOND
READING
ORDINANCE
M-24-17
ABATEMENT/
YEAR 2007A
AND 2007B GO
BONDS:
Consent
Agenda
Page 4 of 18 12/04/17
Moved by Brookman, seconded by Chester, to Approve One -Year Term
Maintenance and Support Agreement from Single Source Vendor Tyler
Technologies, Inc., 840 West Long Lake Road, Troy, MI in the Amount of
$118,215.64. Budgeted Funds — IT R&M Software Account; and further
recommend to adopt Resolution R-182-17, A RESOLUTION APPROVING A
CONTRACT WITH TYLER TECHNOLOGIES FOR MAINTENANCE AND
SUPPORT SERVICES FOR THE LOGOS ENTERPRISE RESOURCE
PLANNING APPLICATION. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Brookman, seconded by Chester, to Approve Community Development
Block Grant (CDBG) PY 2016 Consolidated Annual Performance Evaluation
Report (CAPER); and further recommend to adopt Resolution R-183-17, A
RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT FOR PROGRAM YEAR 2016. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Chester, to Award Bid of the Aggregate
Materials and Spoils Disposal Contract to The Sivi Group, LLC, 1200 Gasket
Drive, Elgin, IL in the Three -Year Amount of $353,642.50; and further
recommend to adopt Resolution R-184-17, A RESOLUTION APPROVING A
CONTRACT WITH THE SIVI GROUP, LLC FOR THE PURCHASE OF
AGGREGATE MATERIALS AND SPOILS DISPOSAL SERVICES. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Chester, to Authorize the Execution of an
Estoppel Certificate Regarding Ordinance Z-24-17 for the OPUS Development at
1555-1565 Ellinwood Street; and further recommend to adopt Resolution
R-188-17, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES
PLAINES AUTHORIZING THE EXECUTION OF AN ESTOPPEL
CERTIFICATE REGARDING ORDINANCE Z-24-17. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Chester, to authorize abatement of Year 2007A
and Year 2007B General Obligation Refunding Bonds and adopt Second Reading
- Ordinance M-24-17, AN ORDINANCE PROVIDING FOR THE
ABATEMENT OF THE 2017 TAX LEVY FOR THE 2007 GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2007A AND SERIES 2007B.
Motion declared carried as approved unanimously under Consent Agenda.
Page 5 of 18 12/04/17
SECOND Moved by Brookman, seconded by Chester, to authorize abatement of Year 2008A
READING Taxable General Obligation Refunding Bonds and adopt Second Reading -
ORDINANCE Ordinance M-25-17, AN ORDINANCE PROVIDING FOR THE ABATEMENT
M-25-17 OF THE 2017 TAX LEVY FOR THE 2008 GENERAL OBLIGATION
ABATEMENT/ REFUNDING BONDS, SERIES 2008A. Motion declared carried as approved
YEAR 2008A unanimously under Consent Agenda.
TAXABLE GO
BONDS:
Consent
Agenda
SECOND Moved by Brookman, seconded by Chester, to authorize abatement of Year 2009A
READING Taxable General Obligation Refunding Bonds and adopt Second Reading -
ORDINANCE Ordinance M-26-17, AN ORDINANCE PROVIDING FOR THE ABATEMENT
M-26-17 OF THE 2017 TAX LEVY FOR THE 2009 TAXABLE GENERAL
ABATEMENT/ OBLIGATION REFUNDING BONDS, SERIES 2009A. Motion declared carried
YEAR 2009A as approved unanimously under Consent Agenda.
TAXABLE GO
BONDS:
Consent
Agenda
SECOND Moved by Brookman, seconded by Chester, to authorize abatement of Year 2009B
READING General Obligation Refunding Bonds and adopt Second Reading - Ordinance
ORDINANCE M-27-17, AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE
M-27-17 2017 TAX LEVY FOR THE 2009 GENERAL OBLIGATION REFUNDING
ABATEMENT/ BONDS, SERIES 2009B. Motion declared carried as approved unanimously
YEAR 2009B GO under Consent Agenda.
BONDS:
Consent
Agenda
SECOND Moved by Brookman, seconded by Chester, to authorize abatement of Year 2010A
READING and 2010B General Obligation Refunding Bonds and adopt Second Reading -
ORDINANCE Ordinance M-28-17, AN ORDINANCE PROVIDING FOR THE ABATEMENT
M-28-17 OF THE 2017 TAX LEVY FOR THE 2010 GENERAL OBLIGATION
ABATEMENT/ REFUNDING BONDS, SERIES 2010A AND SERIES 2010B. Motion declared
YEAR 2010A carried as approved unanimously under Consent Agenda.
AND 2010B GO
BONDS:
Consent
Agenda
SECOND Moved by Brookman, seconded by Chester, to authorize abatement of Year 2011
READING General Obligation Refunding Bonds and adopt Second Reading — Ordinance
ORDINANCE M-29-17, AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE
M-29-17 2017 TAX LEVY FOR THE 2011 GENERAL OBLIGATION REFUNDING
ABATEMENT/ BONDS, SERIES 2011. Motion declared carried as approved unanimously under
YEAR 2011 GO Consent Agenda.
BONDS:
Page 6 of 18 12/04/17
Consent
Agenda
SECOND Moved by Brookman, seconded by Chester, to authorize abatement of Year 2012
READING General Obligation Refunding Bonds and adopt Second Reading — Ordinance
ORDINANCE M-30-17, AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE
M-30-17 2017 TAX LEVY FOR THE 2012 GENERAL OBLIGATION REFUNDING
ABATEMENT/ BONDS, SERIES 2012. Motion declared carried as approved unanimously under
YEAR 2012 GO Consent Agenda.
BONDS:
Consent
Agenda
SECOND Moved by Brookman, seconded by Chester, to authorize abatement of Year 2013
READING Taxable General Obligation Refunding Bonds and adopt Second Reading -
ORDINANCE Ordinance M-31-17, AN ORDINANCE PROVIDING FOR THE ABATEMENT
M-31-17 OF THE 2017 TAX LEVY FOR THE 2013 TAXABLE GENERAL
ABATEMENT/ OBLIGATION REFUNDING BONDS, SERIES 2013. Motion declared carried
YEAR 2013 GO as approved unanimously under Consent Agenda.
BONDS:
Consent
Agenda
SECOND Moved by Brookman, seconded by Chester, to authorize abatement of Year 2014A
READING Taxable General Obligation Refunding Bonds and 2014B General Obligation
ORDINANCE Refunding Bonds and adopt Second Reading - Ordinance M-32-17, AN
M-32-17 ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2017 TAX
ABATEMENT/ LEVY FOR THE 2014 TAXABLE GENERAL OBLIGATION REFUNDING
YEAR 2014A BONDS, SERIES 2014A AND 2014 GENERAL OBLIGATION REFUNDING
AND 2014B GO BONDS, SERIES 2014B. Motion declared carried as approved unanimously
BONDS: under Consent Agenda.
Consent
Agenda
SECOND Moved by Brookman, seconded by Chester, to approve Year 2017 Tax Levy for
READING Special Service Area Number Five (Westfield Lane Water Maine) in the amount
ORDINANCE of $3,782, as provided in Ordinance M-30-03, and adopt Second Reading -
M-33-17 / YEAR Ordinance M-33-17, AN ORDINANCE LEVYING TAXES FOR SPECIAL
2017 TAX LEVY/ SEVICE AREA NUMBER FIVE OF THE CITY OF DES PLAINES, COOK
SPECIAL SVC. COUNTY, ILLINOIS. Motion declared carried as approved unanimously under
AREA #5: Consent Agenda.
Consent
Agenda
SECOND Moved by Brookman, seconded by Chester, to approve Year 2017 Tax Levy for
READING Special Service Area Number Six (Parking Lot Improvement, 2150-2172 Chestnut
ORDINANCE Street) in the amount of $981, as provided in Ordinance M-73-04, and adopt
M-34-17 / YEAR Second Reading - Ordinance M-34-17, AN ORDINANCE LEVYING TAXES
2017 TAX LEVY/ FOR SPECIAL SEVICE AREA NUMBER SIX OF THE CITY OF
SPECIAL SVC.
AREA #6:
Consent
Agenda
(Cont.)
SECOND
READING
ORDINANCE
M-35-17 / YEAR
2017 TAX LEVY/
SPECIAL SVC.
AREA #7:
Consent
Agenda
SECOND
READING
ORDINANCE
M-36-17 / YEAR
2017 TAX LEVY/
SPECIAL SVC.
AREA #8:
Consent
Agenda
SECOND
READING
ORDINANCE
M-37-17 / YEAR
2017 TAX LEVY/
SPECIAL SVC.
AREA #9:
Consent
Agenda
SECOND
READING
ORDINANCE
M-38-17 / YEAR
2017 TAX LEVY/
SPECIAL SVC.
AREA #10:
Consent
Agenda
SECOND
READING
ORDINANCE
M-39-17 / YEAR
2017 TAX LEVY/
Page 7 of 18 12/04/17
DES PLAINES, COOK COUNTY, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Chester, to approve Year 2017 Tax Levy for
Special Service Area Number Seven (Parking Lot Improvement, Woodland
Townhomes) in the amount of $12,000, as provided in Ordinance M-35-05, and
adopt Second Reading - Ordinance M-35-17, AN ORDINANCE LEVYING
TAXES FOR SPECIAL SEVICE AREA NUMBER SEVEN OF THE CITY OF
DES PLAINES, COOK COUNTY, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Chester, to approve Year 2017 Tax Levy for
Special Service Area Number Eight (Curbs, Gutters for Crabtree Lane) in the
amount of $4, 200, as provided in Ordinance M-19-06, and adopt Second Reading
— Ordinance M-36-17, AN ORDINANCE LEVYING TAXES FOR SPECIAL
SEVICE AREA NUMBER EIGHT OF THE CITY OF DES PLAINES, COOK
COUNTY, ILLINOIS. Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Chester, to approve Year 2017 Tax Levy for
Special Service Area Number Nine (Parking Lot Improvement, 624-640 W.
Algonquin Road) in the amount of $2,315, as provided in Ordinance M-20-07, and
adopt Second Reading - Ordinance M-37-17, AN ORDINANCE LEVYING
TAXES FOR SPECIAL SEVICE AREA NUMBER NINE OF THE CITY OF
DES PLAINES, COOK COUNTY, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Chester, to approve Year 2017 Tax Levy for
Special Service Area Number Ten (Parking Lot Improvement, 642-658 W.
Algonquin Road) in the amount of $2,936, as provided in Ordinance M-21-07, and
adopt Second Reading - Ordinance M-38-17, AN ORDINANCE LEVYING
TAXES FOR SPECIAL SEVICE AREA NUMBER TEN OF THE CITY OF DES
PLAINES, COOK COUNTY, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Chester, to approve Year 2017 Tax Levy for
Special Service Area Number Eleven (Rear Yard Drainage, 138, 158, 273, 283,
170 and 180 Drake Lane) in the amount of $2,096, as provided in Ordinance
M-35-11, and adopt Second Reading - Ordinance M-39-17, AN ORDINANCE
LEVYING TAXES FOR SPECIAL SEVICE AREA NUMBER ELEVEN OF
SPECIAL SVC.
AREA #11:
Consent
Agenda
(Cont.)
SECOND
READING
ORDINANCE
M-40-17 / YEAR
2017 TAX LEVY/
SPECIAL SVC.
AREA #12:
Consent
Agenda
SECOND
READING
ORDINANCE
M-41-17 / YEAR
2017 TAX LEVY/
SPECIAL SVC.
AREA #13:
Consent
Agenda
SECOND
READING
ORDINANCE
M-42-17 / YEAR
2017 TAX LEVY/
SPECIAL SVC.
AREA #14:
Consent
Agenda
SECOND
READING
ORDINANCE
M-43-17 / YEAR
2017 TAX LEVY/
SPECIAL SVC.
AREA #15:
Consent
Agenda
SECOND
READING
ORDINANCE
M-22-17 /
Page 8 of 18 12/04/17
THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Chester, to approve Year 2017 Tax Levy for
Special Service Area Number Twelve (Rear Yard Drainage, 948 and 956
Greenview Avenue) in the amount of $979, as provided in Ordinance M-36-11,
and adopt Second Reading - Ordinance M-40-17, AN ORDINANCE LEVYING
TAXES FOR SPECIAL SEVICE AREA NUMBER TWELVE OF THE CITY OF
DES PLAINES, COOK COUNTY, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Chester, to approve Year 2017 Tax Levy for
Special Service Area Number Thirteen (Rear Yard Drainage, 1318, 1330 and 1340
Phoenix Drive & 1325 & 1335 Miami Lane) in the amount of $1,566, as provided
in Ordinance M-36-11, and adopt Second Reading - Ordinance M-41-17, AN
ORDINANCE LEVYING TAXES FOR SPECIAL SEVICE AREA NUMBER
THIRTEEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Chester, to approve Year 2017 Tax Levy for
Special Service Area Number Fourteen (Rear Yard Drainage, 2132, 2140, and
2148 Plainfield Drive) in the amount of $830, as provided in Ordinance M-31-12,
and adopt Second Reading - Ordinance M-42-17, AN ORDINANCE LEVYING
TAXES FOR SPECIAL SEVICE AREA NUMBER FOURTEEN OF THE CITY
OF DES PLAINES, COOK COUNTY, ILLINOIS. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Chester, to approve Year 2017 Tax Levy for
Special Service Area Number Fifteen (Rear Yard Drainage, 345 and 353 Ardmore
Road) in the amount of $1,643, as provided in Ordinance M-03-14, and adopt
Second Reading - Ordinance M-43-17, AN ORDINANCE LEVYING TAXES
FOR SPECIAL SEVICE AREA NUMBER FIFTEEN OF THE CITY OF DES
PLAINES, COOK COUNTY, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Brookman, seconded by Chester, to Authorize the Disposal of Surplus
(Outdated) Firearms through Phoenix Distributors, 145A Philmont Avenue,
Feasterville, PA, and adopt Second Reading - Ordinance M-22-17, AN
ORDINANCE AUTHORIZING THE DISPOSITION OF SURPLUS FIREARMS
Page 9 of 18 12/04/17
DISPOSAL OF OWNED BY THE CITY OF DES PLAINES. Motion declared carried as
SURPLUS approved unanimously under Consent Agenda.
FIREARMS/
PHOENIX DIST.:
Consent
Agenda
(Cont.)
APPROVE Moved by Brookman, seconded by Chester to approve Minutes of the Special
MINUTES: Meeting of the City Council of November 8, 2017, as published. Motion declared
Consent carried as approved unanimously under Consent Agenda.
Agenda
WARRANT
REGISTER:
2017 PROPERTY
TAX LEVY ORD:
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION — Alderman Charewicz, Chair
Alderman Charewicz presented the Warrant Register for consideration.
Moved by Rodd, seconded by Chester, to recommend to the City Council approval
of the December 4, 2017 — Warrant Register in the Amount of $3,641,874.36; and
further recommend that Resolution R-185-17 be adopted at appropriate time this
evening. *Alderman Sayad recommended approval of the items on the warrant
register excluding all Holland & Knight invoices because he feels that the city can
save money and requested a Request for Proposal (RFP) be conducted for Legal
Services. Motion declared carried.
Assistant City Manager/Director of Finance Wisniewski explained 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. The
2017 Tax Levy, which includes the general (corporate) fund, police and fire
pension funds, public library fund, and bond & interest (debt service) fund, totals
$29,183,150. This represents an increase of $0, or 0% from the 2016 Tax Levy and
a 2.64% decrease over the 2016 Tax Extension.
Moved by Chester, seconded by Lysakowski to recommend to the City Council
Approval of the 2017 Property Tax Levy Ordinance; and further recommend that
Ordinance M-44-17 be adopted at the appropriate time this evening. Upon voice
vote, motion declared carried.
2018 BUDGET Assistant City Manager/Director of Finance Wisniewski explained the City
APPROVAL: Council held three budget hearings over the 2018 Proposed Budget document. The
first meeting was held on October 11th and the discussion covered the review of
the General Fund. The second Budget meeting was held on October 18th to review
the Non -General Funds within the Budget document. The final meeting was held
on November 8th for additional and final review of the 2018 Budget. Within those
discussions, the City Council voted and approved all expenditures, revenues, and
the resulting fund balances to support City services and projects.
(Cont.)
CONSIDERATION
OF FINAL PLAT
OF SUBDIVISION/
77 RAND ROAD:
Page 10 of 18 12/04/17
The Fiscal Year 2018 annual budget totals $167.6M (excluding transfers) or a
$7.6M, 4.3% decrease over the 2017 Budget. The vast majority of this increase is
due to reduced expenditures in the grant funded projects fund as the City has
completed many of the FEMA buyouts within 2017.
Discussion was held regarding the Water/Sewer Fund. Resident Kurt Kipps was
in favor of the current water rates and retiring the debt.
Moved by Robinson, seconded by Brookman to recommend to the City Council
Approval of the 2018 Budget; and further recommended that Resolution R-186-17
be adopted at the appropriate time this evening. Upon voice vote, motion declared
carried.
COMMUNITY DEVELOPMENT — Alderman Sayad, Chair
Community and Economic Development Director McMahon reviewed a
memorandum dated November 21, 2017.
The petitioner, Advocate Health, is requesting a Tentative and Final Plat of
Subdivision, under Section 13-2-5 of Subdivision Regulations of the City of
Des Plaines Municipal Code, to allow for the creation of two lots at 77 Rand Road
in the C-3 General Commercial District.
The petitioner's Final Plat of Subdivision shows the existing 8.191 acre lot being
subdivided into two lots with areas of 1.649 acres (Lot 1) and 6.542 acres (Lot 2).
Lot 1 will have 415.40 feet of frontage along Rand Road and Lot 2 will have
912.14 feet of frontage along Rand Road. The Final Plat of Subdivision shows
easements for water mains, ingress and egress, sanitary sewer, utilities and
drainage, and a public bike path. The 10 -foot bike path easement runs along Rand
Road and increases to 15 feet where a right turn lane may be added per IDOT.
There are two curb -cuts off of Rand Road, one with shared access to the Walgreens
northwest of Lot 2 and one with shared access between Lot 1 and Lot 2. The right-
of-way work on Lot 2 has been completed.
The Planning and Zoning Board met on August 22, 2017 and recommended (6-0)
that the City Council approve the Tentative and Final Plat of Subdivision, subject
to ten conditions listed in the staff report. Staff pointed out that since the Planning
and Zoning Board meeting, the petitioner has addressed all ten conditions and as
such they are not listed in the resolution.
Director McMahon recommended approval of the Tentative and Final Plat of
Subdivision for the creation of two lots at 77 Rand Road in the C-3 General
Commercial District.
Discussion was held.
Moved by Smith, seconded by Brookman to recommend to the City Council
Approval of the revised Final Plat of Subdivision presented at tonight's meeting
for 77 Rand Road (Case #17 -064 -SUB); and further recommend that Resolution
Page 11 of 18 12/04/17
(Cont.) R-187-17 be adopted at the appropriate time this evening. Upon voice vote,
motion declared carried.
CONSIDERATION
MAJOR
VARIATION/SIDE
YARD SETBACK/
943 WALTER
AVENUE:
Community and Economic Development Director McMahon reviewed a
memorandum dated November 21, 2017.
The petitioner, Erik Kim, proposes to construct an addition requiring a Major
Variation at 943 Walter Avenue. The property is approximately 9,340 square feet
and is currently improved with a single -story, single-family detached home of
1,390 square feet and a detached garage of 788 square feet. The garage is accessed
by a driveway that runs along the west side of the home.
The proposed addition would be located on the west side of the house, over the
existing driveway. The petitioner proposes a 12'2" by 22'2", two-story addition
that would be 3' from the side lot line, when a 5' setback is required. The first story
of the addition would be an attached single -car garage that would have garage
doors on the north and south facades so that a car could drive all the way through
to the existing rear driveway, which would remain. The existing detached garage
is proposed to be demolished. The second story of the addition would be the master
bedroom, closet and bathroom.
The petitioner appeared before the Planning and Zoning Board on
October 24, 2017, for review of the proposal. At that time, the petitioner proposed
that the existing detached garage would remain, which would require an additional
variation as only one garage is permitted. At the meeting, the board members asked
the petitioner if he would be willing to remove the existing detached garage and
he stated that he would. The application was continued to the November 14, 2017,
Planning and Zoning Board meeting to give the petitioner time to revise his site
plan to show the removal of the detached garage. Staff would like to point out that
according to the revised site plan, the existing driveway and patio in the rear of the
home would remain. These areas must remain as -is; otherwise, Minor Variations
for any changes may be required.
The Planning and Zoning Board, recommended (5-1) that the City Council
approve the Major Variation at 943 Walter Avenue.
Director McMahon recommended denial of Ordinance Z-30-17. Although staff
would like to see the property improved, there is space on the east side or in the
rear of the house for an addition that does not encroach into the required 5' setback.
The proposed addition, with a 3' setback, will create a situation where a two-story
home is unevenly placed on one side of the lot, with plenty of room on the other.
Discussion was held.
Mr. Kim answered questions from the Aldermen. Mr. Kim will meet with staff
and discuss possible options.
Moved by Rodd, seconded by Brookman to recommend to defer consideration of
Ordinance Z-30-17 until the January 2, 2018 City Council meeting. Upon voice
vote, motion declared carried.
CONSIDERATION
OF MAJOR
VARIANCE/
GARAGE &
ADDITION/
1233 WEBSTER
LANE:
Page 12 of 18 12/04/17
Community and Economic Development Director McMahon reviewed a
memorandum dated November 21, 2017.
The petitioner, Anthony Danno, is requesting two variations for an addition to an
existing detached garage at 1233 Webster Lane. The property is approximately
7,150 square feet and is currently improved with a two-story, single-family
detached home with a footprint of 1,262 square feet and a detached garage of 539
square feet.
The petitioner proposes a garage addition that puts the total garage area over what
is permitted for a detached garage and that encroaches into the required 5' side -
yard setback. It was noted that the proposed garage addition has already been
constructed, without benefit of a permit. The addition extends 12' off the rear of
the existing detached garage and is 21' wide, for a total of 252 square feet. The
addition puts the total garage area at 791 square feet, when 720 square feet is the
maximum permitted. Additionally, the garage addition has a setback of 4'6", when
a 5' setback is required.
The Planning and Zoning Board met on November 14, 2017, to consider the Major
Variations. The petitioner explained the proposal and stated that the 12' by 21'
garage addition was constructed without a permit, as he was unaware one was
needed. He stated that the home does not have a basement, and that additional
storage is needed. No members of the public spoke in support or opposition of the
proposal, but the neighbor to the south at 1243 Webster Lane wrote a letter to the
Planning and Zoning Board to state that he was in support of the garage addition
and would like it to remain.
The Planning and Zoning Board recommended (6-0) that the City Council approve
the Major Variations at 1233 Webster Lane, subject to the following condition:
The petitioner remove all other accessory structures from the property.
Director McMahon recommended approval of Ordinance Z-31-17 granting Major
Variations from Section 12-8-1(C) of the 1998 Des Plaines Zoning Ordinance, as
amended, to allow a detached garage of 791 square feet, when a maximum of 720
square feet is permitted, and to allow an addition to an existing detached garage
with a setback of 4'6", when a 5' setback is required.
Mr. Anthony Danno answered questions from the Aldermen.
An inspection of the garage is required before further consideration.
Moved by Rodd, seconded by Brookman, to recommend to defer consideration of
Ordinance Z-31-17 until the December 18, 2017 City Council meeting. Upon voice
vote, motion declared carried.
CONSIDERATION
OF CU PERMIT/
1017
GRACELAND
AVE:
CONSIDERATION
OF FINAL PLAT
OF SUBDIVISION
AND MAJOR
VARIATIONS
Page 13 of 18 12/04/17
Community and Economic Development Director McMahon reviewed a
memorandum dated November 21, 2017.
The petitioner and contract purchaser of the property, Kevin Kuta, has requested a
Conditional Use Permit for a Trade Contractors Establishment at 1017 Graceland
Avenue. The 14,970 square foot property is currently improved with a one- and
two-story brick building with a partially -paved parking area to the south.
The petitioner proposes to operate a plumbing business, Green Tech Plumbing,
from the existing building and site. The company currently operates out of
Park Ridge. The business has five plumbers per shift and is open 7:OOam to 3:30pm
Monday through Friday and 8:OOam to 12:OOpm on Saturdays. There is one office
employee. No items will be sold or manufactured from the site.
As part of the proposed Conditional Use, the petitioner plans to improve the site
with the addition of a paved parking lot with 16 parking spaces, which is the
minimum amount required per the Zoning Ordinance for the use. The parking
spaces will be big enough to accommodate the vans used by the business. The
petitioner proposes to install an 8 -foot chain link fence with screen netting along
the east, west and south property lines and will also provide additional landscape
screening in these areas. A request to waive the traffic study requirement was
granted after review by staff based on the proposed site plan and size of the
operation.
The Planning and Zoning Board met on November 14, 2017 and recommended
(6-0) that the City Council approve the Conditional Use Permit for Trade
Contractors subject to the following condition:
The petitioner work with the City of Des Plaines Public Works & Engineering
Department to Ensure that the proposed new parking lot meets all stormwater
management requirements. The Public Works & Engineering Department will
require a drainage and grading plan by a professional engineer with an AutoCAD
disk including state plane coordinates. Additionally, an IDOT permit will be
required to connect the parking lot sewer to the combined sewer in the middle of
Graceland Avenue. An MWRD WMO permit may also be required.
Director McMahon recommended approval of Ordinance Z-32-17 subject to the
condition listed above.
Moved by Robinson, seconded by Chester to recommend to the City Council
Approval of a Consideration of a Conditional Use Permit for a Trade Contractors
Establishment at 1017 Graceland Avenue (Case #17 -093 -CU); and further
recommend that Ordinance Z-32-17 be adopted at the appropriate time this
evening. Upon voice vote, motion declared carried.
Community and Economic Development Director McMahon reviewed a
memorandum dated November 21, 2017.
The petitioner and contract purchaser of the property, Mohammed Makda, is
proposing to subdivide a single lot in the R-1 Single -Family Residential District
Page 14 of 18 12/04/17
FOR 481 EDWARD into four lots. The 25,999.93 square foot property has frontage on both Edward
COURT: Court and Good Avenue and is currently unimproved.
(Cont.)
If subdivided, the petitioner proposes to construct four single-family homes, one
on each lot. Each lot is proposed to be 45' wide and have lot areas between
6,495.50 and 6,504.46 square feet. A lot width of 55' and a lot area of 6,875 square
feet is required for interior lots in the R-1 Single -Family Residential District,
necessitating the need for lot width and area variations.
The Planning and Zoning Board met on November 14, 2017, to consider the
Tentative and Final Plat of Subdivision and Major Variations. The petitioners
presented the proposal for four new lots, two facing Good Avenue and two facing
Edward Court. They stated that there is a demand for new, single-family homes on
smaller lots and that if the lots are required to be larger, then larger homes will be
built and that these homes will be harder to sell. They stated that they hope to
improve the surrounding neighborhood with the new construction. One member
of the public, a neighbor who lives on Church Street, spoke in opposition of the
proposed subdivision. She stated that she would support the lot being divided into
two, but not four. She stated that the narrow lots are not in line with the character
of the surrounding community.
The Planning and Zoning Board discussed the proposal and shared differing
opinions. After having heard and fully considering the evidence, recommended
(4-2) that the City Council approve the Tentative and Final Plat of Subdivision and
Major Variations at 481 Edward Court.
Director McMahon recommended denial of Ordinance Z-33-17. While staff
supports development of the lot, the proposal for four new homes on narrow lots
is not in line with the character of the surrounding community. Staff would support
the subdivision of the lot into two lots, with one having frontage on Edward Court
and one having frontage on Good Avenue. These new lots would not need
variations for lot width and area, as they would meet the minimum requirements
for the R-1 Single -Family Residential District.
Discussion was held. The Petitioner will discuss their options with staff.
Moved by Lysakowski, seconded by Robinson, to recommend to defer
consideration of Ordinance Z-33-17 until the January 2, 2018 City Council
meeting. Upon voice vote, motion declared carried.
BUILDING CODE — Alderman Robinson, Chair
Alderman Robinson explained this is a continued discussion on how staff
interprets the requirement of face brick coverage on ground story facades for single
family homes.
Community and Economic Development Director McMahon recommended
creating a facade definition and changes for certain sections of the Building Design
Review process:
(Cont.)
Page 15 of 18 12/04/17
Throughout Section 12-3-11 the word "facade" is used to describe any exterior
wall of a structure. Staff feels the use of the word is being incorrectly applied.
According to Oxford Dictionary, a facade of a building is "The principal front of
a building that faces on to a street or open space." Others have argued that a facade
is any face of a building that has an architectural feature.
In order to better define the sides of buildings that are not street facing, staff
recommends replacing "facade" with "elevation". Elevation is defined as a
particular side of a building, such as the "east elevation."
Additionally, Director McMahon recommended including the definitions of
facade and elevation in Sec.12-13-3: Definitions of Terms.
Face Brick: A masonry brick product generally 7-5/8" x 3-5/8" x 2-1/4" in size
that has structural properties and made especially for decorative facing of exterior
elevations. Excluded from this definition is brick veneers or panels that have no
structural integrity.
Single Family Residences:
Section 12-3-1.D outlines the standards for building design review as follows:
Facade Materials:
"Permitted facade materials" means the building materials that are permitted to be
used in the construction or alteration of all building facades of a certain type of
building.
1) Exception: All new single-family residences shall be constructed with face brick
on all ground story facades.
Staff recommends amending this section with the following:
Building Elevations Materials:
Permitted elevation materials" means the primary building materials that are
permitted to be used in the construction or alteration of all building exterior
elevations of a certain type of building.
Exception:
Traditional new one story single-family residences shall be constructed with 100%
face brick or other natural material on all elevations excluding windows and doors.
Multi-level or multi -story new single or multi -family residences shall be
constructed with 100% face brick or other natural material on the front facing
facade and 50% on all remaining elevations excluding windows and doors.
Discussion was held.
Staff was directed to research the topic further and provide additional information.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
BACK IN REGULAR SESSION
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-185-17
TAX LEVY FOR
FY 2018:
Ordinance
M-44-17
APPROVAL OF
THE 2018
ANNUAL
BUDGET:
Resolution
R-186-17
Page 16 of 18 12/04/17
Moved by Charewicz, seconded by Chester, to concur with recommendation of
Committee of the Whole to adopt Resolution R-185-17, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE
FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR
AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE
PAYMENT FOR SAME. Total: $3,641,874.36. *Alderman Sayad votes yes on
the items on the warrant register excluding all Holland & Knight invoices because
he feels that the city can save money. Upon roll call, the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, *Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Charewicz, seconded by Brookman, to concur with recommendation of
Committee of the Whole to adopt Ordinance M-44-17, AN ORDINANCE
LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY,
ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2018 AND
ENDING DECEMBER 31, 2018. Upon voice vote, the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Sayad, seconded by Brookman, to advance Ordinance M-44-17 to
Second Reading and adopt Ordinance M-44-17, AN ORDINANCE LEVYING
TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2018 AND ENDING
DECEMBER 31, 2018. Upon voice vote, the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Charewicz, seconded by Chester, to concur with recommendation of
Committee of the Whole to adopt Resolution R-186-17, A RESOLUTION
APPROVING THE 2018 ANNUAL BUDGET FOR THE CITY OF DES
PLAINES. Upon voice vote, the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
APPROVAL OF
TENTATIVE AND
FINAL PLAT OF
SUDBIVISION/
77 RAND ROAD:
Resolution
R-187-17
APPROVAL OF
MAJOR
VARIATION/
943 WALTER
AVENUE:
Ordinance
Z-30-17
APPROVAL OF
MAJOR
VARIATION/
1233 WEBSTER
LANE:
Ordinance
Z-31-17
APPROVAL OF
CU PERMIT/1017
GRACELAND
AVENUE:
Ordinance
Z-32-17
Page 17 of 18 12/04/17
Moved by Sayad, seconded by Brookman, to concur with recommendation of
Committee of the Whole to adopt Resolution R-187-17, A RESOLUTION
APPROVING TENTATIVE AND FINAL PLAT OF SUBDIVISION FOR 77
RAND ROAD, DES PLAINES, ILLINOIS. Upon voice vote, the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Sayad, seconded by Rodd, to concur with recommendation of
Committee of the Whole to defer Ordinance Z-30-17 until the January 2, 2018 City
Council meeting. Upon voice vote, motion carried unanimously.
Moved by Sayad, seconded by Rodd, to concur with recommendation of
Committee of the Whole to defer Ordinance Z-31-17 until the December 18, 2017
City Council meeting. Upon voice vote, motion carried unanimously.
Moved by Sayad, seconded by Robinson, to concur with recommendation of
Committee of the Whole to adopt Ordinance Z-32-17, AN ORDINANCE
GRANTING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A
TRADE CONTRACTORS ESTABLISHMENT AT 1017 GRACELAND
AVENUE, DES PLAINES, ILLINOIS . Upon voice vote, motion carried
unanimously.
Moved by Sayad, seconded by Robinson, to advance Ordinance Z-32-17 to Second
Reading and adopt Ordinance Z-32-17, AN ORDINANCE GRANTING A
CONDITIONAL USE PERMIT FOR THE OPERATION OF A TRADE
CONTRACTORS ESTABLISHMENT AT 1017 GRACELAND AVENUE,
DES PLAINES, ILLINOIS. Upon roll call, the vote was:
AYES: 8-Lysakowski, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Page 18 of 18 12/04/17
TENTATIVE AND Moved by Sayad, seconded by Chester, to concur with recommendation of
FINAL PLAT OF Committee of the Whole to defer Ordinance Z-33-17 until the January 2, 2018 City
SUBDIVISION Council meeting. Upon voice vote, motion carried unanimously.
AND MAJOR
VARIATIONS/
481 EDWARD
COURT:
Ordinance
Z-33-17
ADJOURNMENT: Moved by Sayad, seconded by Brookman, to adjourn the meeting. Motion
declared carried. The meeting adjourned at 9:19 p.m.
APPROVED BY ME THIS I it -
L. Tsalapata is — CITY CLERK