08/01/2016MINUTES 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, AUGUST 1, 2016
CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was
ORDER: called to order by City Clerk Ludwig at 6:00 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on Monday, August 1,
2016.
ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd,
Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance
Wisniewski, Economic Development Coordinator Pruss, Fire Chief Wax, Police Chief Kushner, Director
of Public Works and Engineering Oakley and General Counsel Friedman.
City Clerk Ludwig announced that Mayor Bogusz will not be in attendance at
tonight's meeting and requested a motion to appoint a Mayor Pro Tem.
Motion by Rodd to appoint Alderman Charewicz as Mayor Pro Tem.
There was no second and the motion was not considered.
Moved by Charewicz, seconded by Rodd, for a motion to appoint Alderman
Smith as Mayor Pro Tem. Motion declared carried.
Mayor Pro Tem Smith requested a motion to enter into Closed Session.
FIRST CLOSED Moved by Sayad, seconded by Haugeberg, to enter into Closed Session to discuss
SESSION: Collective Bargaining, Personnel, Probable or Imminent Litigation and Purchase
or Lease of Property. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
The City Council recessed at 6:03 p.m.
The City Council reconvened at 7:00 p.m.
Roll call indicated the following Aldermen present: Haugeberg, Robinson,
Rodd, Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present.
PRAYER AND The opening prayer was given by Alderman Charewicz, followed by the Pledge
PLEDGE: of Allegiance to the Flag of the United States of America.
CITIZEN PART.:
CITY CLERK
ANNOUNCEMENTS:
CONSENT
AGENDA:
ADOPT POTABLE
WATER
RESTRICTION/
800 ELMHURST
ROAD:
Consent
Agenda
Ordinance
M-22-16
REJECT BID/
APPROVE
PURCHASE/ TWO
FORD TRUCKS/
PUBLIC WORKS
DEPT.:
Consent
Agenda
Page 2 of 9 8/1/16
Resident Jim Fornelli addressed the City Council commenting on the
construction work being done on Cambridge and asking about the status of the
Polo Building. General Counsel Friedman gave a status report on the Polo Inn
building.
Will Soderberg on behalf of the Des Plaines Arts Council addressed the City
Council stating that the pop up exhibit in Metropolitan Square will hold an
opening reception and invited the residents to attend.
City Clerk Ludwig announced various community events taking place during
August and September.
Motion by Sayad, seconded by Chester, to establish the Consent Agenda. Motion
declared carried.
Motion by Haugeberg, seconded by Robinson, to approve the Consent Agenda.
Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Staff recommendations and requests were approved; Resolutions R-110-16, R-
115-16, R-119-16 and R-120-16 were adopted; Ordinances M-22-16, M-23-16
and M-24-16 were placed on First Reading; Ordinance Z-15-16 was adopted and
Minutes of the Regular Council Meeting of July 18, 2016 was approved.
Moved by Haugeberg, seconded by Robinson, to concur with Staff
recommendation to adopt Potable Groundwater Use Restriction Ordinance for
800 Elmhurst Road, Des Plaines to allow for BP Products North America, Inc.
(previous owner of 1590 South Elmhurst Road, Mt. Prospect) the ability to obtain
a No Further Remediation Letter from the Illinois Environmental Protection
Agency; and further recommend to place on First Reading Ordinance M-22-16,
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A
POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF
POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD AT
800 ELMHURST ROAD IN THE CITY OF DES PLAINES. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to concur with Staff
recommendation to reject Single Bid received from Lindco Equipment Sales, Inc.
for two (2) Ford F-550 Trucks per Specifications Received on June 3, 2016 and
Purchase two (2) Ford F-550 Trucks with Related Equipment through the
Suburban Purchasing Cooperative Contract #I46 from Currie Motors, 9423 W.
Lincoln Highway, Frankfort, IL in the amount of $123,855 (Budgeted Funds —
Vehicle Replacement Fund); and further recommend to adopt Resolution R-110-
16, A RESOLUTION A RESOLUTION REJECTING SOLE BID FOR THE
PURCHASE OF TWO FORD TRUCKS AND APPROVING PURCHASE OF
Resolution
R-110-16
APPROVE CDBG
PROGRAM YEAR
2016 ANNUAL
ACTION PLAN:
Consent
Agenda
Resolution
R-115-16
APPROVE
SURPLUS
PROPERTY/
DONATE
RADIOS/ FIRE
DEPT.
Consent
Agenda
Ordinance
M-23-16
APPROVE
DISPOSAL OF
CERTAIN CITY
VEHICLES:
Consent
Agenda
Ordinance
M-24-16
ORDINANCE
Z-15-16
COND. USE/
445 SOUTH
RIVER RD.:
Consent
Agenda
ADVERTISE BID/
TIF #
DOWNTOWN
STREETSCAPE —
Page 3 of 9 8/1/16
TWO FORD TRUCKS THROUGH THE NORTHWEST MUNICIPAL
CONFERENCE FROM CURRIE MOTORS OF FRANKFORT, ILLINOIS.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to concur with Staff
recommendation to approve City of Des Plaines Community Development Block
Grant Program Year 2016 Annual Action Plan; and further recommend to adopt
Resolution R-115-16, A RESOLUTION A RESOLUTION APPROVING THE
CITY OF DES PLAINES COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM 2016 ANNUAL ACTION PLAN. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to concur with Staff
recommendation to approve Surplus Property of 25 Fire Department Portable
Radios and donation to the Northeastern Illinois Public Safety Training Academy
(NIPSTA) in exchange for a $625.00 Training Tuition Credit; and further
recommend to place on First Reading Ordinance M-23-16, AN ORDINANCE
DECLARING PERSONAL PROPERTY OWNED BY THE CITY OF DES
PLAINES AS SURPLUS, AND AUTHORIZING THE DISPOSITION OF
SUCH PERSONAL PROPERTY TO THE NORTHEASTERN ILLINOIS
PUBLIC SAFETY TRAINING ACADEMY. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to concur with Staff
recommendation to approve disposal of certain City Vehicles and Equipment
through Obenauf Auction Service, Inc., 810 Magna Drive, Round Lake, Illinois;
and further recommend to place on First Reading Ordinance M-24-16, AN
ORDINANCE AUTHORIZING THE DISPOSITION OF PERSONAL
PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to adopt Ordinance Z-15-16, AN
ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A CAR
WASH AND AUTO DETAILING FACILITY ON A SITE LESS THAN 25,000
SQUARE FEET IN THE C-3 ZONING DISTRICT AT 445 SOUTH RIVER
ROAD, DES PLAINES, ILLINOIS. (CASE #16 -025 -CU). Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to concur with Staff
recommendation to authorize the City Clerk to advertise for hid T1F #1
Downtown Streetscape — Phase III Project. Motion declared carried as approved
unanimously under Consent Agenda.
PHASE III
PROJECT:
Consent
Agenda
MINUTES/
REGULAR MTG.
Consent
Agenda
APPROVE
INTERGOV'L
AGR./ IL STATE
TOLL HGHWY
AUTHORITY/
CONVEY PROP.:
Consent
Agenda
Resolution
R-119-16
APPROVE
INTERGOV'L
AGR./ COOK
COUNTY/
CONVEY PROP.:
Consent
Agenda
Resolution
R-119-16
WARRANT
REGISTER:
Page 4 of 9 8/1/16
Moved by Haugeberg, seconded by Robinson, to approve Minutes of Regular
: City Council Meeting of July 18, 2016, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Haugeberg, seconded by Robinson, to concur with Staff
recommendation to approve Intergovernmental Agreement with the Illinois State
Toll Highway Authority (ISTHA) for Conveyance of Excess Property; and to
adopt Resolution R-119-16, A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS STATE
TOLL HIGHWAY AUTHORITY FOR CONVEYANCE OF EXCESS
PROPERTY. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Haugeberg, seconded by Robinson, to concur with Staff
recommendation to approve Intergovernmental Agreement with Cook County for
Conveyance of Excess Property, TIF #7; and to adopt Resolution R-120-16, A
RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE COUNTY OF COOK FOR CONVEYANCE OF EXCESS
PROPERTY. Motion declared carried as approved unanimously under Consent
Agenda.
MAYOR PRO TEM SMITH DECLARED THAT THE CITY COUNCIL
WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION: — Alderman Smith, Chair
Alderman Sayad stated that he objects to paying invoices from Holland & Knight
because we could get them cheaper by an outside or in house service.
Moved by Rodd, seconded by Chester, to recommend to the City Council
approval of the August 1, 2016 — Warrant Register, in the total amount of
$4,527,194.74; and further recommend that Resolution R-117-16 be adopted at
appropriate time this evening. Motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair
CLASS 6b PROP.
TAX INCENTIVE/
1505 S. MT.
PROSPECT RD.:
APPROVE
FINAL PUD AND
FINAL PLAT OF
SUBDIVISION/
2985-3003
MANNHEIM RD.,
3011-3045
ORCHARD RD.,
10194, 10246 AND
10256 HIGGINS
RD.:
Page 5 of 9 8/1/16
Economic Development Coordinator Pruss reviewed a Memorandum dated July
11, 2016 regarding a Class 6b request from Petitioner Rawls Road Properties,
Inc. for 1501 S. Mt. Prospect Road. Rawls Road Properties, LLC, has filed an
application requesting a City resolution in support of its Class 6B Tax Incentive
application based on occupation of abandoned property for greater than twenty-
four (24) months continuous vacancy with a purchase for value but with
substantial rehabilitation. The applicant plans to rehabilitate the subject property
and lease the site to BHB Chicago LLC, D/B/A BonaDent Dental, a dental
implant manufacturer, warehouser and distributor. Ms. Pruss answered questions
from the Aldermen.
Discussion was held.
Mr. James Olguin, Attorney for Petitioner Rawls Road Properties, Inc., appeared
before the City Council to answer questions from the Aldermen.
Moved by Brookman, seconded by Rodd, to amend Resolution R-118-16 to
include creation of sidewalks. Motion declared carried.
Moved by Rodd, seconded by Chester, to recommend to the City Council
approval to support and consent to the filing of Rawls Road Properties, LLC
Class 6b application to the Cook County Assessor's Office and that Resolution
R-118-16, as amended, be adopted at appropriate time this evening. Motion
declared carried.
Economic Development Coordinator Pruss reviewed a Memorandum dated July
21, 2016 regarding consideration of a Final Planned Unit Development and Final
Subdivision Plat at: Properties South of I-90, North of Higgins Road and West of
the Canadian National Railroad Tracks, addresses including, but not limited to
2985-3003 Mannheim Road, 3011-3045 Orchard Place, and 10194, 10246 and
10256 Higgins Road and specifically excluding 3067 Mannheim Road, Case #16-
046-FPUDFSUB. Petitioner O'Hare Real Estate, LLC is requesting approval of
a Final Unit Development (PUD) for The Orchards at O'Hare, a commercial PUD
under Section 12-3-5 of the 1998 City of Des Plaines Zoning Ordinance, as
amended, and a Final Plat of Subdivision, under Section 13-2-2 of Subdivision
Regulations of the City of Des Plaines Municipal Code, to allow for the
construction of a 128 room hotel with a Class A restaurant; gasoline service
station with convenience store, car wash, and Class B restaurant; and one
freestanding Class A restaurant on approximately 9.0877 acres and eight lots,
with one requested PUD exception from the C-3, General Commercial Zoning
District standards for building height over 45 feet in the C-3 Zoning District,
Section 12-7-3.L. of the 1998 City of Des Plaines Zoning Ordinance, Case #16-
027 -PUD -SUB.
The preliminary plan for the proposed development was approved by the City
Council on June 20, 2016 (6-2). The proposed final PUD is in substantial
conformance with the approved preliminary plan with modifications.
APPROVE
FINAL PUD AND
FINAL PLAT OF
SUBDIVISION/
2985-3003
MANNHEIM RD.,
3011-3045
ORCHARD RD.,
10194, 10246 AND
10256 HIGGINS
RD.:
(Cont'd)
UNFINISHED
BUSINESS:
MAP
AMENDMENT/
FINAL PUD/
FINAL PLAT OF
SUBDIVISION/
783-841 LEE
STREET:
Ordinance
Z-17-16
APPROVE
SECOND
RENEWAL 5 -
YEAR AGR./
BUS SHELTERS:
Resolution
R-101-16
Page 6 of 9 8/1/16
The Planning and Zoning Board considered this application at their July 26, 2016
regular meeting and recommended approval (4-0) of the Final Planned Unit
Development and Final Plat of Subdivision, subject to conditions.
The Department of Community and Economic Development Department, the
Public Works and Engineering Department, and the Fire Department recommend
approval of the Final Planned Unit Development, subject to conditions.
Moved by Haugeberg, seconded by Sayad, to recommend to the City Council
approval of the Final Planned Unit Development and Final Subdivision Plat, Case
#16-046-FPUD-FSUB, subject to conditions and that Ordinance Z-18-16 be
adopted at appropriate time this evening. Motion declared carried.
MAYOR PRO TEM SMITH ASSUMED THE CHAIR AND DECLARED
THE CITY COUNCIL BACK IN SESSION.
Moved by Haugeberg, seconded by Robinson, to defer the matter of Ordinance
Z-17-16, an Ordinance approving a Final Plat of Planned Unit Development with
Permitted Exceptions and a Final Plat of Subdivision for the Property Located at
783-841 Lee Street, Des Plaines, Illinois (Case #16 -037 -PUD -SUB) (tabled from
7/18/16 City Council Meeting) to a Special Council Meeting on August 8, 2016
at 7:30 p.m. Motion declared carried.
Director of Public Works and Engineering Oakley reviewed a Memorandum
dated July 28, 2016 regarding a Transit Advertising Shelter Agreement.
Moved by Charewicz, seconded by Haugeberg, to approve the modified renewal
agreement with Illinois Convenience & Safety Corporation, 6624 West Irving
Park Road, Chicago, Illinois 60634-2435 to install and maintain transit
advertising shelters for a five-year teen with a 5 -year renewal option at the will
of the City and adopt Resolution R-101-16, A RESOLUTION APPROVING A
SECOND RENEWAL AGREEMENT WITH THE ILLINOIS CONVENIENCE
AND SAFETY CORPORATION FOR THE INSTALLATION AND
MAINTENANCE OF ADVERTISING IN TRANSIT SHELTERS. Upon roll
call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
DISCUSSION/
CONSIDERATION
PUBLIC SAFETY
UNIFORM
PATCHES:
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-117-16
CLASS 6b PROP.
TAX INCENTIVE/
1505 S. MT.
PROSPECT RD.:
Resolution
R-118-16
APPROVE
FINAL PUD AND
FINAL PLAT OF
SUBDIVISION/
2985-3003
MANNHEIM RD.,
3011-3045
ORCHARD RD.,
10194, 10246 AND
10256 HIGGINS
RD.:
ORDINANCE
Z-18-16
ORDINANCE
Z-18-16
Page 7 of 9 8/1/16
Discussion was held.
It was the consensus of the Aldermen to refer this matter to the Public Safety
Committee for discussion and review.
Moved by Smith, seconded by Haugeberg, to concur with recommendation of
Committee of the Whole to adopt Resolution R-117-16, 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: $4,527,194.74. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Charewicz, seconded by Rodd, to concur with recommendation of
Committee of the Whole to adopt Resolution R-118-16, A RESOLUTION
SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b
CLASSIFICATION FOR THE PROPERTY LOCATED AT 1505 SOUTH
MOUNT PROSPECT ROAD. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Charewicz, seconded by Rodd, to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-18-16, AN
ORDINANCE APPROVING A FINAL PLAT OF PLANNED UNIT
DEVELOPMENT WITH A PERMITTED HEIGHT EXCEPTION AND A
FINAL PLAT OF SUBDIVISION FOR THE PROPERTY LOCATED AT 2985-
3003 MANNHEIM ROAD, 3011-3045 ORCHARD PLACE, AND 10194,
10246 AND 10256 HIGGINS ROAD, DES PLAINES, ILLINOIS. (CASE #16-
043-FSUB-FPUD). Motion declared carried.
Moved by Charewicz, seconded by Haugeberg, to advance to Second Reading
and adopt Ordinance Z-18-16, AN ORDINANCE APPROVING A FINAL
APPROVE
FINAL PUD AND
FINAL PLAT OF
SUBDIVISION/
2985-3003
MANNHEIM RD.,
3011-3045
ORCHARD RD.,
10194, 10246 AND
10256 HIGGINS
RD.:
RESOLUTION/
FLYING
FIREFIGHTER/
LAW
ENFORCEMENT
MEMORIAL
FLAGS:
Resolution
R-116-16
Page 8 of 9 8/1/16
PLAT OF PLANNED UNIT DEVELOPMENT WITH A PERMITTED
HEIGHT EXCEPTION AND A FINAL PLAT OF SUBDIVISION FOR THE
PROPERTY LOCATED AT 2985-3003 MANNHEIM ROAD, 3011-3045
ORCHARD PLACE, AND 10194, 10246 AND 10256 HIGGINS ROAD, DES
PLAINES, ILLINOIS. (CASE #16-043-FSUB-FPUD). Upon roll call, the vote
was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Discussion was held regarding the request from the Fire and Police Departments
for permission to fly the Firefighter Memorial and Thin Blue Line flags,
respectively, to recognize the passing, and honor the service, of those who have
served and have passed away.
Moved by Brookman, seconded by Chester, to adopt Resolution R-116-16, A
RESOLUTION AUTHORIZING THE FLYING OF THE FIREFIGHTER
MEMORIAL FLAG AND THE THIN BLUE LINE FLAG.
Moved by Charewicz, seconded by Robinson, to defer this matter to the next
Regular City Council Meeting of August 15, 2016.
Following discussion, the second was withdrawn by Robinson and the motion
was not considered.
Moved by Haugeberg, seconded by Sayad, to call for the vote. Upon roll call,
the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Charewicz
NAYS: 1 -Smith
ABSENT: 0 -None
Motion declared carried.
Upon roll call, the vote to adopt Resolution R-116-16, A RESOLUTION
AUTHORIZING THE FLYING OF THE FIREFIGHTER MEMORIAL FLAG
AND THE THIN BLUE LINE FLAG was:
AYES: 6-Haugeberg, Robinson, Sayad,
Brookman, Chester, Smith
NAYS: 1-Charewicz
PRESENT: 1 -Rodd
ABSENT: 0 -None
Motion declared carried.
RESOLUTION/ Discussion was held regarding the request by the Veterans of Foreign Wars
AUTHORIZE (VFW) to allow the four military service flags to be displayed at City Hall one
FLYING ARMED after another on four consecutive weeks in November.
FORCES FLAGS
AT CITY HALL:
Resolution
R-121-16
SECOND CLOSED
SESSION:
Page 9 of 9 8/1/16
Moved by Brookman, seconded by Chester, to adopt Resolution R-121-16, A
RESOLUTION AUTHORIZING THE FLYING OF THE FLAGS OF U.S.
MILITARY SERVICES. Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Sayad,
Brookman, Chester, Smith
NAYS: 1-Charewicz
PRESENT: 1 -Rodd
ABSENT: 0 -None
Motion declared carried.
Moved by Sayad, seconded by Haugeberg, to enter into Closed Session to discuss
Personnel. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
ADJOURNMENT: Meeting adjourned at 8:17 p.m.
APPROVED BY ME THIS I
DAY OF atA., ,2016
LJviji* A
Don Smith - MAYOR PRO TEM
Of
Gloria J. Ludwig, MMC — vITY CLERK