09/06/2016MINUTES 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,
TUESDAY, SEPTEMBER 6, 2016
CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was
ORDER: called to order by Mayor Bogusz at 7:01 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Tuesday, September 6, 2016.
ROLL CALL: Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad,
Brookman, Chester, Smith and Charewicz. A quorum was present. Alderman
Haugeberg was absent.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance
Wisniewski, Director of Community and Economic Development McMahon, Economic Development
Coordinator Pruss, Fire Chief Wax, Police Chief Kushner, Director of Public Works and Engineering
Oakley and General Counsel Weiss.
PRAYER AND The opening prayer was given by Mayor Bogusz, followed by the Pledge of
PLEDGE: Allegiance to the Flag of the United States of America which was led by a Boy
Scout from Troop 955.
PRESENTATION: Mayor Bogusz announced the First and Second Place winners of the Mayor's
Curb Appeal Challenge for Most Improved Curb Appeal and Best Curb Appeal
and presented a check from Village Bank & Trust to the owners of each winning
address.
CITIZEN PART.:
Resident Wayne Serbin addressed the City Council announcing that Tap House
Grill will provide free food to Police Officers and Firefighters on Patriot's Day,
Sunday, September 11.
Resident Jim Coogan addressed the City Council announcing the Des Plaines
River Bike Ride event on Saturday, September 10.
Mr. Leroy Jaworski, a resident of Chicago and member of Fr. Linden Knights of
Columbus Council 3627, addressed the City Council announcing its 47t1' Annual
Tootsie Roll Drive taking place September 16 - 18 benefiting numerous
charitable organizations.
Mr. Jaworski also announced that the Knights of Columbus will hold an event
on Sunday, November 13 at River Rand Bowl.
Mr. Larry Arkus addressed the City Council commenting on the improvements
being made to River Road and complimenting all those involved in National
Night Out held at Maine West High School.
CITY CLERK City Clerk Ludwig announced various community events taking place during
ANNOUNCEMENTS: September and October.
'�c
CONSENT
AGENDA:
APPROVE NEW
OWNERSHIP/
CLASS E LIQ.
LIC./
1118 LEE ST.:
Consent
Agenda
APPROVE
RIGHT-OF-WAY/
IDOT/ BALLARD
RD. SIDEPATH:
Consent
Agenda
Resolution
R-130-16
AWARD BID/
TIF #1
STREETSCAPE
IMPROV'S. —
PHASE III:
Resolution
R-131-16
APPROVE
AGREEM ENT/
Page 2 of 9 9/6/16
Motion by Brookman, seconded by Chester, to establish the Consent Agenda.
Motion declared carried.
Motion by Sayad, seconded by Chester, to approve the Consent Agenda. Upon
roll call, the vote was:
AYES: 7 -Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1-Haugeberg
Motion declared carried.
Staff recommendations and requests were approved; Resolutions R-130-16, R-
134-16, R-135-16 and R-136-16 were adopted; Ordinance M-25-16 was adopted;
Minutes of the Special Council Meeting of August 8, 2016, Regular Council
Meeting of August 15, 2016 and the Closed Session of August 15, 2016 were
approved.
Moved by Sayad, seconded by Chester, to concur with Staff recommendation to
approve new ownership for existing Class E (Restaurant Dining Room,
Consumption on Premises) Liquor License for Brito Restaurant, Inc. d/b/a Las
Torres Mexican Food, 1118 Lee Street. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Chester, to concur with Staff recommendation to
approve Right -of -Way Acquisition Letter of Concurrence with the Illinois
Department of Transportation (IDOT) in Connection with the Ballard Road
Sidepath Project; and further recommend to adopt Resolution R-130-16, A
RESOLUTION APPROVING THE EXECUTION OF A LETTER OF
CONCURRENCE WITH THE ILLINOIS DEPARTMENT OF
TRANSPORTATION IN CONNECTION WITH THE BALLARD ROAD
SIDEPATH PROJECT. Motion declared carried as approved unanimously under
Consent Agenda.
Discussion was held.
Moved by Chester, seconded by Sayad, to table the bid award for TIF #1
Streetscape Improvements — Phase III to Lowest Responsible Bidder Lorusso
Cement Contractors, Inc. and Resolution R-131-16, A RESOLUTION
APPROVING A CONSTRUCTION CONTRACT WITH LORUSSO CEMENT
CONTRACTORS, INC., FOR TIF #1 DOWNTOWN STREETSCAPE PHASE
III PROJECT to the Regular Council Meeting of September 19, 2016. Motion
declared carried.
Discussion was held.
TIF #1
STREETSCAPE
IMPROV'S. —
PHASE III —
ENG. SVCS. —
CHANGE ORDER
NO. 1 TO TASK
ORDER #3:
Resolution
R-132-16
AWARD BID/
TIF #7 ORCHARD
PLACE
IMPROV'S.:
Resolution
R-133-16
APPROVE AGR./
TIF #7 ORCHARD
PLACE
IMPROV'S./
CONSTR. ENG.
SVCS./ TASK
ORDER NO. 5:
Consent
Agenda
Resolution
R-134-16
APPROVE THREE
YEAR MASTER
CONTRACT/
SANITARY
SEWER
EVALUATION
SURVEY:
Consent
Agenda
Page 3 of 9 9/6/16
Moved by Chester, seconded by Sayad, to table the Agreement with SpaceCo,
Inc. for TIF #1 Streetscape Improvements — Phase III Construction Engineering
Services in the Not -to -Exceed Amount of $100,000. Budgeted Funds — TIF #1
and Resolution R-132-16, A RESOLUTION APPROVING CHANGE ORDER
NO. 1 TO TASK ORDER NO. 3 UNDER A MASTER CONTRACT WITH
SPACECO, INC., FOR ENGINEERING SERVICES to the Regular Council
Meeting of September 19, 2016. Motion declared carried.
Discussion was held.
Moved by Charewicz, seconded by Rodd, to award Bid for TIF #7 Orchard Place
Improvements to Low Bidder Lorig Construction Company, 250 E. Touhy
Avenue, Des Plaines, IL in the Not -to -Exceed Amount of $1,557,424.77
(Budgeted Funds — TIF #7); and adopt Resolution R-133-16, A RESOLUTION
APPROVING A CONSTRUCTION CONTRACT WITH LORIG
CONSTRUCTION COPANY FOR TIF #7 ORCHARD PLACE
IMPROVEMENTS. Upon roll call, the vote was:
AYES: 7 -Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
ABSENT: 1-Haugeberg
Motion declared carried.
Moved by Sayad, seconded by Chester, to concur with Staff recommendation to
approve Agreement with Christopher B. Burke Engineering, Ltd. for TIF #7
Orchard Place Improvements — Construction Engineering Services in the Not -to -
Exceed Amount of $145,968 (Budgeted Funds — TIF #7); and further recommend
to adopt Resolution R-134-16, A RESOLUTION APPROVING TASK ORDER
NO. 5 WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR
PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Chester, to concur with Staff recommendation to
approve Three -Year Master Contract with RJN Group, 200 West Front Street,
Wheaton, IL and Task Order #1 for a Sanitary Sewer Evaluation Survey in the
Amount of $83,434.58 (Budgeted Funds — Capital Projects/Professional
Services); and further recommend to adopt Resolution R-135-16, A
RESOLUTION APPROVING A MASTER CONTRACT WITH RJN GROUP,
INC., FOR PROFESSIONAL ENGINEERING SERVICES AND TASK
ORDER NO. 1 FOR ENGINEERING SERVICES FOR A SANITARY SEWER
�d�
Resolution
R-135-16
REJECT ALL
BIDS/ INTERIOR
RENOVATIONS/
POLICE DEPT.:
Consent
Agenda
Resolution
R-136-16
ADVERTISE BID/
PARKWAY TREE
MAINT.
CONTRACT/
2017-2019:
Consent
Agenda
Page 4 of 9 9/6/16
EVALUATION SURVEY. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Chester, to concur with Staff recommendation to
Reject All Bids for Interior Renovations for the 2nd Floor of the Des Plaines
Police Department and Recommend that Project be Re -Bid at a Later Date with
a Revised Scope of Work; and further recommend to adopt Resolution R-136-16,
A RESOLUTION REJECTING ALL BIDS FOR THE INTERIOR
RENOVATIONS AT THE DES PLAINES POLICE DEPARTMENT 2ND
FLOOR. Motion declared carried as approved unanimously under Consent
Agenda.
Moved by Sayad, seconded by Chester, to concur with Staff recommendation to
authorize the City Clerk to advertise for bid the Tree Maintenance Contract.
Motion declared carried as approved unanimously under Consent Agenda.
ADVERTISE BID/ Moved by Sayad, seconded by Chester, to concur with Staff recommendation to
CUSTODIAL authorize the City Clerk to advertise for bid the Custodial Services Contract.
SVCS. Motion declared carried as approved unanimously under Consent Agenda.
CONTRACT/
2017-2019:
Consent
Agenda
ORDINANCE
M-25-16
AMEND CITY
CODE/ ADD
CLASS A LIQ.
LIC./ REMOVE
ONE CLASS E
LIQ. LIC.:
Consent
Agenda
APPROVE FLAG
POLICY:
Resolution
R-138-16
Moved by Sayad, seconded by Chester, to adopt Ordinance M-25-16, AN
ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS A
LIQUOR LICENSE AND REMOVE ONE CLASS E LIQUOR LICENSE.
Motion declared carried as approved unanimously under Consent Agenda.
Discussion was held.
Moved by Rodd, seconded by Brookman, to amend Resolution R-138-16 by
adding "Coast Guard" to the last paragraph: "The service flags of the United
States Army, Air Force, Navy, Marines and Coast Guard each to be flown one
after the other for one week each over the City Hall in November of each year.""
Motion declared carried.
�9
Resolution
R-138-16
(Cont' d)
MINUTES/
SPECIAL MTG.:
Consent
Agenda
MINUTES/
REGULAR MTG.:
Consent
Agenda
APPROVE FIRST
AMENDMENT TO
RESTATED
AMENDED DEV.
AGR. AND
SECOND
AMENDMENT TO
SALE AGR./
TIF #7/
ORCHARDS AT
O'HARE
PROJECT:
Resolution
R-139-16
MINUTES/
CLOSED
SESSION:
Consent
Agenda
Page 5 of 9 9/6/16
Moved by Rodd, seconded by Sayad, to adopt Resolution R-138-16, A
RESOLUTION ESTABLISHING A FLAG POLICY, AS AMENDED. Motion
declared carried.
Moved by Sayad, seconded by Chester, to approve Minutes of Special City
Council Meeting of August 8, 2016, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Chester, to approve Minutes of Regular City
Council Meeting of August 15, 2016, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Discussion was held.
City Manager Bartholomew answered questions from the Aldermen.
Moved by Brookman, seconded by Sayad, to direct Staff to negotiate a land lease
for the Park District Property in TIF #7 with Developer O'Hare Real Estate, LLC.
Upon roll call, the vote was:
AYES: 4 -Robinson, Sayad,
Brookman, Chester
NAYS: 3 -Rodd,
Smith, Charewicz
ABSENT: 1-Haugeberg
Motion declared carried.
Moved by Charewicz, seconded by Rodd, to adopt Resolution R-139-16, A
RESOLUTION APPROVING A FIRST AMENDMENT TO AN AMENDED
AND RESTATED REDEVELOPMENT AND ECONOMIC INCENTIVE
AGREEMENT, AS WELL AS A SECOND AMENDMENT TO SALE,
PURCHASE, AND ESCROW AGREEMENT. Upon roll call, the vote was:
AYES: 3 -Rodd,
Smith, Charewicz
NAYS: 4 -Robinson, Sayad,
Brookman, Chester
ABSENT: 1-Haugeberg
Motion declared failed.
Moved by Sayad, seconded by Chester, to approve Minutes of the Closed Session
of August 15, 2016. Motion declared carried as approved unanimously under
Consent Agenda.
WARRANT
REGISTER:
FINAL PUD/
FINAL PLAT
SUBDIVISION/
800 NORTHWEST
HGHWY:
Page 6 of 9 9/6/16
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION: — Alderman Smith, Chair
Alderman Sayad requested that the List of Vendors "Doing Business" with the
City of Des Plaines over $10,000.00 be changed to $2,000.00 and that this change
be discussed during a Legal & Licensing Committee meeting.
Resident Wayne Serbin addressed the Committee of the Whole commenting on
donations made by Federal and State legislators to candidates running for elected
office.
Moved by Rodd, seconded by Chester, to recommend to the City Council
approval of the September 6, 2016 — Warrant Register, in the total amount of
$4,133,706.87; and further recommend that Resolution R-137-16 be adopted at
appropriate time this evening. Motion declared carried. Alderman Sayad did not
agree.
COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair
Economic Development Coordinator Pruss reviewed her Memorandum of
August 2, 2016 regarding a Final Planned Unit Development and Final Plat of
Subdivision at: 800 Northwest Highway, Case #16-048-FPUD-FSUB. A Final
Planned Unit Development (FPUD) is requested under Section 12-355 of the
1998 City of Des Plaines Zoning Ordinance, as amended, to allow for the
construction of 24 townhome buildings with 127 units and a 270 -unit Apartment
Building on approximately 21.7 acres and to be known as the Buckingham Place
PUD, with a requested PUD exception from the R-4, Central Core Residential
Zoning District standards for lot sizes as small as 4,875 square feet, instead of
not less than 10,000 square feet; A Final Plat of Subdivision (FSUB) to create the
Buckingham Place Subdivision with 26 lots.
The Planning and Zoning Board recommended (5-0) that the City Council
approve the proposed final plat and final planned unit development, subject to
conditions.
The Department of Community and Economic Development, The Public Works
and Engineering Department, and The City of Des Plaines Fire Department
recommend approval of the Final PUD and Final Plat of Subdivision, subject to
conditions.
Coordinator Pruss and Director of Public Works and Engineering Oakley
answered questions from the Aldermen.
Mr. Christopher Coleman, President & CEO of Buckingham Properties, Inc.
appeared before the Committee of the Whole to answer questions.
Page 7 of 9 9/6/16
800 NORTHWEST Resident Wayne Serbin addressed the Committee of the Whole asking about rent
HGHWY: for the apartments.
(Cont'd)
DISCUSSION/
OFFICER
SAFETY AND
CRIME
STATISTICS:
UNFINISHED
BUSINESS:
ORDINANCE
Z-20-16
COND. USE
PERMIT/
572 EAST
OAKTON ST.:
ORDINANCE
Z-22-16
TEXT
AMENDMENT/
PLANNED UNIT
DEVELOPMENT
STANDARDS:
Moved by Rodd, seconded by Sayad, to recommend to the City Council approval
of the Final PUD and Final Plat of Subdivision, subject to conditions for
Buckingham Properties, Inc. located at 800 Northwest Highway at appropriate
time this evening. Motion declared carried. Alderman Brookman did not agree.
PUBLIC SAFETY — Alderman Sayad, Chair
Police Chief Kushner reviewed his Memorandums dated August 26, 2016
regarding Officer Safety and Survivability and Crime Statistics, 2010 through
2015.
Discussion was held.
Chief Kushner answered questions from the Aldermen.
Resident Wayne Serbin addressed the Committee of the Whole commenting on
criminals moving into Des Plaines.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
Moved by Rodd, seconded by Charewicz, to adopt Ordinance Z-20-16, AN
ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A
MASSAGE ESTABLISHMENT ON A SITE IN THE C-3 ZONING DISTRICT
AT 572 EAST OAKTON ROAD, DES PLAINES, ILLINOIS. (CASE #16 -040 -
CU). Upon roll call, the vote was:
AYES: 6 -Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 1 -Robinson
ABSENT: 1-Haugeberg
Motion declared carried.
Moved by Charewicz, seconded by Rodd, to adopt Ordinance Z-22-16, AN
ORDINANCE AMENDING THE TEXT OF THE CITY ZONING
ORDINANCE REGARDING PLANNED UNIT DEVELOPMENT
STANDARDS FOR PERMITTED BULK EXCEPTIONS AND MINIMUM
DEVELOPMENT STANDARDS (CASE #16 -045 -TA). Upon roll call, the vote
was:
AYES: 7 -Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0 -None
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-137-16
FINAL PUD/
FINAL PLAT
SUBDIVISION/
800 NORTHWEST
HGHWY:
Ordinance
Z-23-16
CLOSED
SESSION:
Page 8 of 9 9/6/16
ABSENT: 1-Haugeberg
Motion declared carried.
Moved by Smith, seconded by Chester, to concur with recommendation of
Committee of the Whole to adopt Resolution R-137-16, 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: $4,133,706.87. Upon roll call, the vote was:
AYES: 6 -Robinson, Rodd,
Brookman, Chester, Smith, Charewicz
NAYS : 1-Sayad
ABSENT: 1-Haugeberg
Motion declared carried.
Moved by Charewicz, seconded by Chester, to concur with recommendation of
Committee of the Whole to place on First Reading Ordinance Z-23-16, AN
ORDINANCE APPROVING A FINAL PLAT OF PLANNED UNIT
DEVELOPMENT WITH A PERMITTED EXCEPTION AND A FINAL PLAT
OF SUBDIVISION FOR THE PROPERTY LOCATED AT 800 NORTHWEST
HIGHWAY, DES PLAINES, ILLINOIS. (Case #16-048-FPUD-FSUB). Upon
roll call, the vote was:
AYES: 6 -Robinson, Rodd, Sayad,
Chester, Smith, Charewicz
NAYS : 1 -Brookman
ABSENT: 1-Haugeberg
Motion declared carried.
Moved by Charewicz, seconded by Rodd, to enter into Closed Session to discuss
the Purchase or Lease of Property and Probable or Imminent Litigation. Upon
roll call, the vote was:
AYES: 6 -Robinson, Rodd,
Brookman, Chester, Smith, Charewicz
NAYS: 1-Sayad
ABSENT: 1-Haugeberg
Motion declared carried.
The City Council recessed at 9:14 p.m.
The City Council reconvened at 9:34 p.m.
There being no further business, the meeting adjourned at 9:38 p.m.
APPROVED BY ME THIS
Page 9 of 9 9/6/16
,67.,„
Gloria J. Ludwig, MMC — Y CLERK