20170403 Council Packet, Amended, with Attachment
Monday, April 3, 2017
Regular Session – 7:00 p.m.
Room 102
CALL TO ORDER
REGULAR SESSION
ROLL CALL
PRAYER
PLEDGE OF ALLEGIANCE
CITIZEN PARTICIPATION
(matters not on the Agenda)
CITY CLERK ANNOUNCEMENTS
OPEN SINGLE BID RECEIVED ON MARCH 16, 2017 FOR THE PURCHASE AND DELIVERY OF
TWO (2) 5-TON TRUCKS PER SPECIFICATIONS
ALDERMEN ANNOUNCEMENTS
AS AMENDED 3/31/2017
COMMITTEE OF THE WHOLE #5a. ADDED
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CONSENT AGENDA
1. Approve the Sale of Surplus Right-of-Way Located on the East End of Old Higgins Road to the Illinois State
Toll Highway Authority for Construction of Project 4014 (Elgin-O’Hare Western Access) in the Total
Amount of $140,000.00.
1a. ORDINANCE M-6-17: An Ordinance Declaring Property Owned by the City of Des Plaines as Surplus and
Authorizing the Sale of Such Property to the Illinois State Toll Highway Authority
2. Approve New Class H1 Liquor License (Restaurant Wine and Beer Sales Only, Consumption on Premises) for
El Dorado Mexican Grill, Inc., 1916 Mannheim Road, Des Plaines, Illinois
2a. ORDINANCE M-9-17: An Ordinance Amending the City Code to Add One Class H-1 Liquor License
3. Award Bid for the Purchase of Office Furniture for the Second Floor of the Police Department - Investigations
Division to Business Office Systems (BOS), 501 Gary Avenue, Roselle, Illinois at a Cost Not-to-Exceed
$30,495.00. Budgeted Funds – Asset Forfeiture Funds.
3a. RESOLUTION R-59-17: A Resolution Approving a Contract with Business Office Systems, Inc., for the
Purchase of Office Furniture
4. Approve Letter of Intent with the Illinois Department of Transportation (IDOT) for the Improvement of
Illinois Route 58 (Golf Road) at Wolf Road (Cumberland Circle)
4a. RESOLUTION R-60-17: A Resolution Approving a Letter of Intent with the Illinois Department of
Transportation Regarding the Improvements of Illinois Route 58 (Golf Road) at Wolf Road (Cumberland
Circle).
5. Approve Renewal of Professional Services Master Contract between the City of Des Plaines and Manhard
Consultants, Ltd., 900 Woodlands Parkway, Vernon Hills, IL and Task Order No. 1 in the Amount of $30,200.
Budgeted Funds – Capital Projects/Professional Services.
5a. RESOLUTION R-61-17: A Resolution Approving a Master Contract with Manhard Consulting, Ltd., for
Professional Engineering Services and Task Order No. 1 for Revisions to the City Code
6. Award Bid for Thermoplastic Lane Marking via Award #158 through the Suburban Purchasing Cooperative
(Northwest Municipal Conference) to Superior Road Striping, Inc., 1967 Cornell Court, Melrose Park, Illinois
at a Cost Not-to-Exceed $50,000. Budgeted Funds – Capital Projects/Other Services/Street Pavement
Markings and TIF #1/Other Services/Miscellaneous Contractual Services.
6a. RESOLUTION R-62-17: A Resolution Authorizing the Procurement of Street Lane Marking Work from
Superior Road Striping, Inc.
7. Award Bid for the Purchase and Delivery of a Scorpion Trailer Attenuator to Traffic Control and Protection,
225 Miles Parkway, Bartlett, Illinois in the Amount of $23,197.55. Budgeted Funds – Equipment
Replacement.
7a. RESOLUTION R-63-17: A Resolution Approving an Agreement with Traffic Control and Protection, Inc.,
for the Purchase of a Scorpion Trailer Attenuator
8. Award Bid for the 2017 Sign Replacement Program – District 1 Project to Low Bidder Traffic Control &
Protection, Inc., 225 Miles Parkway, Bartlett, Illinois in the Amount of $165,135.00. Budgeted Funds –
Capital Projects.
8a. RESOLUTION R-64-17: A Resolution Approving an Agreement with Traffic Control & Protection, Inc., for
the Sign Replacement Program in District 1
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9. Approve the Purchase and Installation of Plymovent Source Capture Exhaust System Magnetic Hose
Assemblies for the Three Fire Stations from Hastings Air Energy Control of New Berlin, Wisconsin in the
Amount of $20,593.05. Budgeted Funds – Public Works & Engineering/Facilities & Grounds Maintenance/
Repairs & Maintenance/Fire Station #61, #62, #63
9a. RESOLUTION R-65-17: A Resolution Approving a Contract with Hastings Air Energy Control, Inc. for the
Purchase and Installation of Magnetic Hose Systems for Three Fire Stations
10. Authorize City Clerk to Advertise for Bid the Twelve-Inch (12”) Dewatering Pump Equipment Purchase for
2017
11. Minutes/Regular Meeting – March 20, 2017
12. Minutes/Closed Session – March 20, 2017
END OF CONSENT AGENDA
COMMITTEE OF THE WHOLE
1. FINANCE & ADMINISTRATION – Alderman Don Smith, Chair
a. Warrant Register in the Amount of $3,188,841.14 – RESOLUTION R-68-17
2. COMMUNITY DEVELOPMENT – Alderman Mike Charewicz, Chair
a. Approve Resolution of Support for Class 6b Tax Incentive for MLRP Messenger, LLC, 100 E. Howard
Avenue, Case #17-013-6b (5th Ward) – RESOLUTION R-69-17
3. PUBLIC WORKS – Alderman Jim Brookman, Chair
a. Modification of Water Amnesty Program and Adoption of Option #2 Based on City Council’s
Directive from the March 20, 2017 City Council Meeting – RESOLUTION R-70-17
4. LEGAL & LICENSING – Alderman Patricia Haugeberg, Chair
a. Consideration of Short Term Licensing Ordinance – ORDINANCE Z-8-17 and
ORDINANCE M-8-17
5. COMMUNITY SERVICES – Alderman Malcolm Chester, Chair
a. Consideration of a Resolution Opposing the Patriot Acres Composting Facility in Unincorporated Des
Plaines – RESOLUTION R-71-17
IF NO ACTION IS TAKEN UNDER NEW BUSINESS, THESE ITEMS WILL APPEAR ON THE
FOLLOWING CONSENT AGENDA OR UNFINISHED BUSINESS. IF IT IS NECESSARY TO TAKE
ACTION ON ANY OF THESE ITEMS THIS EVENING, THEY MUST BE REPORTED OUT BY THE
COMMITTEE CHAIRMAN UNDER “NEW BUSINESS”
UNFINISHED BUSINESS
1. RESOLUTION R-55-17: A Resolution Approving Change Order No. 1 to a Construction Contract with
Lorig Construction Company for TIF #7 Orchard Place Improvements (deferred from March 20, 2017 City
Council Agenda)
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NEW BUSINESS: IF REPORTED OUT BY COMMITTEE
1. a. RESOLUTION R-68-17: Warrant Register in the amount of $3,188,841.14
2. a. RESOLUTION R-69-17: A Resolution Supporting and Consenting to Approval of Class 6b
Classification for the Property Located at 100 East Howard Avenue
3. a. RESOLUTION R-70-17: A Resolution Amending the City’s Water Meter Amnesty Program
4. a. ORDINANCE Z-8-17 and ORDINANCE M-8-17: An Ordinance Amending the Text of the City
Zoning Ordinance Regarding Short-Term Rental Property and An Ordinance Amending Chapters 17
and 18 of Title 4 of the Des Plaines City Code to Regulate Short-Term Rental Property
5. a. RESOLUTION R-71-17: A Resolution Objecting to an Application to Cook County for the
Establishment and Operation of an Organic Material Recycling Facility by 1701 Patriot Acres, LLC in
Unincorporated Cook County
MANAGER’S REPORT
ALDERMEN COMMENTS
MAYORAL COMMENTS
ADJOURNMENT
City of Des Plaines, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who req uire
certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the accessibility of the
meeting(s) or facilities, contact the ADA Coordinator at 391 -5486 to allow the City to make reasonable accommodations for these
persons.
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5300
desplaines.org
Date: March 31, 2017
To: Mayor Bogusz and Aldermen of the City Council
From: Michael G. Bartholomew, City Manager
Subject: Resolution in Opposition of Patriot Acres
Pursuant to the request of Aldermen Chester, Haugeberg, and Robinson, attached please find a resolution
opposing the Patriot Acres Composting Facility.
Attachment: Resolution R-71-17
Page 1 of 4
CITY OF DES PLAINES
RESOLUTION R - 71 - 17
A RESOLUTION OBJECTING TO AN APPLICATION TO
COOK COUNTY FOR THE ESTABLISHMENT AND
OPERATION OF AN ORGANIC MATERIAL RECYCLING
FACILITY BY 1701 PATRIOT ACRES, LLC IN
UNINCORPORATED COOK COUNTY.
WHEREAS, the City of Des Plaines is a home rule municipality that is bordered by
portions of unincorporated Cook County; and
WHEREAS, the Cook County Board of Commissioners maintains zoning jurisdiction
over unincorporated portions of Cook County; and
WHEREAS, 1701 Patriot Acres, LLC (“Applicant”) has submitted an application for a
“unique use” to allow the establishment and operation of an organic material recycling facility
(“Facility”) on a 25 acre parcel of property commonly known as 9800 East Central Avenue, which
is legally described in Exhibit A, attached to, and by this reference, made a part of, this resolution
(“Subject Property”); and
WHEREAS, under the Cook County Zoning Ordinance of 2001 (“County Zoning
Ordinance”), a “unique use” is a type of zoning relief granted to allow a type of use that is not
enumerated as a permitted, special, temporary, or accessory use in the County Zoning Ordinance;
and
WHEREAS, a large scale composting operation like the Facility is neither a permitted nor
a special use in the County’s I-1 Restricted Industrial District and therefore requires the grant of a
a special use for a unique use by the Cook County Board of Commissioners;
WHEREAS, pursuant to Section 8.9.8 of the Cook County Zoning Ordinance, a special
use for a unique use should only be granted in cases where an applicant has established through
testimony and evidence that (i) there is a special and extraordinary need for the unique use; and
(ii) the unique use will be an affirmative benefit to the surrounding properties and neighborhood
from a land use and economic standpoint; and
WHEREAS, the Cook County Zoning Board of Appeals (“County ZBA”) conducted a
public hearing on February 15, 2017 to consider the Applicant’s request for a unique use for the
Facility and on March 15, 2017 the County ZBA recommended approval of the Applicant’s
petition; and
WHEREAS, after reviewing the Applicant’s petition and the testimony presented to the
County ZBA, the City Council has determined that the Facility could have a detrimental impact
on the residents of the City as a result of increased truck traffic, disease vectors like birds and
rodents, airborne particulates, and odors generated by the Facility; and
Page 2 of 4Attachment 1
WHEREAS, the City Council has determined that the Applicant did not present sufficient
testimony, evidence, or assurances to demonstrate (i) a specific and extraordinary need for the
Facility on the Subject Property or (ii) that the Facility will be an affirmative benefit to the
surrounding properties and neighborhood; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
formally state its objection to the Applicant’s petition and transmit the same to the Cook County
Board of Commissioners;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part
of, this Resolution as findings of the City Council.
SECTION 2: OBJECTION TO PETITION. The City Council hereby objects to the
petition submitted by 1701 Patriot Acres, LLC to establish and maintain an organic material
recycling facility on the Subject Property pursuant to a “unique use” as defined in Section 8.9.8 of
the County Zoning Ordinance.
SECTION 3: AUTHORIZATION TO TRANSMIT OBJECTION. The City Council
authorizes and directs the City Manager to transmit a certified copy of this resolution to the
Secretary of the County ZBA and the Secretary of the Cook County Board of Commissioners to
be included in the record of the proceedings when the Applicant’s petition is considered.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from
and after its passage and approval according to law.
PASSED this ____ day of __________________, 2017.
APPROVED this _____ day of ______________, 2017.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP_ Res Objecting to 1701 Patriot Acres LLC_s Petition for Unique Use for Composting Facility (2017)
Page 3 of 4Attachment 1
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 12 EAST
OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE CENTER THREAD OF THE
DES PLAINES RIVER; AND THAT PART OF THE SOUTHEAST QUARTER OF SECTION
36, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
LYING EAST OF THE CENTER THREAD OF THE DES PLAINES RIVER, ALL IN COOK
COUNTY, ILLINOIS, (EXCEPT THAT PART DEDICATED FOR CENTRAL ROAD).
PINs 04-31-300-003-0000 and 03-36-400-004-0000
Commonly known as 9800 East Central Road, Des Plaines, Illinois 60016.
Page 4 of 4Exhibit A