20170619 Council Packet, Amended, with Attachment
Monday, June 19, 2017
Closed Session – 6:30 p.m.
Regular Session – 7:00 p.m.
Room 102
CALL TO ORDER
CLOSED SESSION
PROPERTY ACQUISITION
SALE OF PROPERTY
PENDING LITIGATION
REGULAR SESSION
ROLL CALL
PRAYER
PLEDGE OF ALLEGIANCE
SWEARING-IN CEREMONY – NEW POLICE OFFICER
MATTHEW STONEQUIST
PROCLAMATION
DES PLAINES PARK DISTRICT – PARKS & RECREATION MONTH
CITIZEN PARTICIPATION
(matters not on the Agenda)
CITY CLERK ANNOUNCEMENTS
ALDERMEN ANNOUNCEMENTS
AS AMENDED 6/16/2017
CLOSED SESSION START TIME CHANGED
CONSENT AGENDA #6 & 6A. ADDED
COMMITTEE OF THE WHOLE #2e. and #3c. ADDED
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CONSENT AGENDA
1. Approve Updated Potable Groundwater Use Restriction at 509 North Third Avenue, Des Plaines, Illinois
1a. ORDINANCE M-13-17: 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 509 North Third Avenue in the
City of Des Plaines
2. Approve Agreement with the Illinois Department of Transportation (IDOT) for the Reconfiguration of
“Cumberland Circle” at IL Route 14 at Wolf Road North Junction at an Estimated Cost of $608,778.
Budgeted Funds – Capital Projects Fund.
2a. RESOLUTION R-114-17: A Resolution Approving an Intergovernmental Agreement with the Illinois
Department of Transportation for Intersection Improvements of Illinois Route 58 (Golf Road) at Wolf Road
North Junction (Cumberland Circle)
3. Approve Prevailing Wage Ordinance for Laborers, Mechanics, and Other Workers who are Employed in the
Performance of Public Works Projects as Required by the Illinois Prevailing Wage Act
3a. RESOLUTION R-116-17: A Resolution Ascertaining the Prevailing Rate of Wages in the City of Des
Plaines
4. Minutes/Regular Meeting – June 5, 2017
5. Minutes/Closed Session – June 5, 2017
6. Approve New Certificate of Estoppel for 1700 Higgins Loan Modification
6a. RESOLUTION R-121-17: A Resolution of the City Council of the City of Des Plaines Authorizing the
Execution of a Ground Lease Estoppel Agreement between Mariner Higgins Centre, LLC and the City of Des
Plaines
END OF CONSENT AGENDA
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COMMITTEE OF THE WHOLE
1. FINANCE & ADMINISTRATION – Alderman Mike Charewicz, Chair
a. Warrant Register in the Amount of $4,047,669.38 – RESOLUTION R-115-17
b. Implementation of Compensation Plan and Study – ORDINANCE M-14-17
2. COMMUNITY DEVELOPMENT – Alderman Dick Sayad, Chair
a. Consideration of Extension of Approval for a Final Planned Unit Development at 10 W. Algonquin
Road, Vetter Commercial Manufacturing USA, LLC, Case #16-043-PUD (8th Ward) – ORDINANCE
Z-17-17
b. Consideration of Business Assistance Program Approval, Façade Improvement and Interior Build-Out
Program at 637 Metropolitan Way for Splash and Dash Groomerie and Boutique (1st Ward) –
RESOLUTION R-117-17
c. Consideration of Business Program Approval, Multi-Unit Retail Grant Program at 620 Lee Street (1st
Ward) – RESOLUTION R-118-17
d. Approve Transfer of $100,000 within the 2017 Budget from General Fund Contingency to Community
& Economic Development/Subsidy – Business Assistance in Order to Fund the Citywide Business
Assistance Program, Which Exceeded the Annual Allotment for 2017 (as directed by City Council at
the June 5, 2017 City Council Meeting) – RESOLUTION R-119-17
e. Discussion Regarding the Number of Garage Sales Allowed per Year
3. LEGAL & LICENSING – Alderman Carla Brookman, Chair
a. Reconsideration of Ordinance M-11-17: An Ordinance Amending Chapter 1 of Title 5 of the City
Code Regarding Paid Sick Leave – ORDINANCE M-11-17
b. Reconsideration of Ordinance M-12-17: An Ordinance Amending Title 4 of the City Code Regarding
Minimum Wage – ORDINANCE M-12-17
c. Consideration of Request to the State of Illinois to Address Cook County Ordinances Regarding
Minimum Wage and Sick Leave – RESOLUTION R-120-17
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. a. SECOND READING – ORDINANCE Z-15-17: An Ordinance Approving a Preliminary Planned
Unit Development for 1450 E. Touhy Avenue, Des Plaines, IL
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NEW BUSINESS: IF REPORTED OUT BY COMMITTEE
1. a. RESOLUTION R-115-17: Warrant Register in the amount of $4,047,669.38
b. ORDINANCE M-14-17: An Ordinance Amending Chapter 8 of Title 1 of the City of Des Plaines City
Code
2. a. ORDINANCE Z-17-17: An Ordinance Granting an Extension of the Approval for the Final Planned
Unit Development for 10 W. Algonquin Road, Des Plaines Illinois
b. RESOLUTION R-117-17: A Resolution Approving a Business Assistance Program Grant for Façade
Improvement and Interior Build-Out Program at 637 Metropolitan Way, Splash and Dash Groomerie
and Boutique
c. RESOLUTION R-118-17: A Resolution Approving a Business Assistance Program Grant for Façade
Improvements at 620 Lee Street, Des Plaines, Illinois
d. RESOLUTION R-119-17: A Resolution Authorizing Funds from the General Fund Contingency
Account to be Transferred to the Community and Economic Development Budget Line Item 6601:
Subsidy – Business Assistance
3. a. ORDINANCE M-11-17: An Ordinance Amending Chapter 1 of Title 5 of the City Code Regarding
Paid Sick Leave
b. ORDINANCE M-12-17: An Ordinance Amending Title 4 of the City Code Regarding Minimum
Wage
c. RESOLUTION R-120-17: A Resolution Regarding Minimum Hourly Wages and Paid Sick Leave
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 require
certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the accessibilit y of the
meeting(s) or facilities, contact the ADA Coordinator at 391-5486 to allow the City to make reasonable accommodations for these
persons.
131 South Dearborn Street, 30th Floor | Chicago, IL 60603 | T 312.263.3600 | F 312.578.6666
Holland & Knight LLP | www.hklaw.com
Peter M. Friedman
(312) 578-6566
peter.friedman@hklaw.com
Memorandum
Date: June 16, 2017
Atlanta | Boston | Chicago | Dallas | Fort Lauderdale | Jacksonville | Lakeland | Los Angeles | Miami | New York | Northern Virginia |
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#25557634_v2
To: Michael Bartholomew
From: Peter M. Friedman
cc: Members of the City Council
Re: New Certificate of Estoppel for 1700 Higgins Loan Modification
Issue: I have recently been contacted by the attorney for Mariner Higgins Center, LLC
("Mariner") which is the owner of the property located at 1700 Higgins Road regarding
Mariner's request for a loan modification from its lender for the property. As you may be aware,
in 1984 the City executed a 99 year ground lease with the owner of the 1700 Higgins for a
undeveloped and unused portion of the public right of way. The leased property has been
developed with and continues to be used for a stormwater retention facility serving the 1700
Higgins property.
Analysis: In 2007, Mariner requested that the City execute a "Certificate of Estoppel"
consenting to Mariner's purchase and financing of the property. The City Council approved
execution of the Certificate of Estoppel on February 20, 2007 pursuant to Resolution R-32-07.
In 2013, Mariner requested that the City execute a "Certificate of Estoppel" consenting to
Mariner's refinancing of the property. The City Council approved execution of the Certificate of
Estoppel on September 3, 2013 pursuant to Resolution R-144-13.
Mariner is now seeking to modify its current loan and requires the City to execute a "Certificate
of Estoppel" consenting to the refinancing. Executing this document will not waive any of the
City's rights in the ground lease or have any negative financial impact on the City.
Recommendation: I recommend that the City approve the attached resolution authorizing the
execution of the Certificate Estoppel as requested by Mariner.
Attachments:
Resolution R-121-17
Exhibit A – Ground Lease Estoppel Certificate
Page 1 of 9
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CITY OF DES PLAINES
RESOLUTION R - 121 - 17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DES PLAINES AUTHORIZING THE EXECUTION OF
A GROUND LEASE ESTOPPEL AGREEMENT BETWEEN
MARINER HIGGINS CENTRE, LLC AND THE CITY OF
DES PLAINES.
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City
of Des Plaines to contract with individuals, associations and corporations, in any manner not
prohibited by law or ordinance; and
WHEREAS, in 2007 Mariner Higgins Center, LLC ("Mariner") purchased the property
located at 1700 Higgins Road ("Property"); and
WHEREAS, on February 20, 2007, by Resolution R-32-07, the City Council approved
the execution of an Estoppel Certificate consenting to the purchase of the Property by Mariner,
which allowed Mariner to secure financing for its purchase and operation of its business; and
WHEREAS, on September 3, 2013, by Resolution R-144-13, the City Council approved
the execution of an Estoppel Certificate consenting to the refinancing of the Property; and
WHEREAS, Mariner has informed the City that it has requested a loan modification
with its lender for the Property and has requested that the City execute a new Estoppel Certificate
consenting to the modification; and
WHEREAS, it would be in the best interest of the City execute the Ground Lease
Estoppel Certificate to consent to the refinancing of the Property by Mariner;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des
Plaines, County of Cook, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1: RECITALS. That the recitals set forth herein above are incorporated
herein by reference as the factual basis for this transaction.
SECTION 2: APPROVAL OF ESTOPPEL CERTIFICATE. The City Council
hereby approves the Estoppel Certificate in substantially the form attached to this Resolution as
Exhibit A, and in a final form to be approved by the General Counsel.
SECTION 3: AUTHORIZATION TO EXECUTE ESTOPPEL CERTIFICATE.
The City Council hereby authorizes and directs the Mayor to execute and seal, on behalf of the
City, the final Estoppel Certificate.
Page 2 of 9
2
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-Resolution Approving Certificate of Estoppel for Refinancing of 1700 Higgins by Mariner Higgins Center 2017
Page 3 of 9
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After recording return to:
Mason Wenk & Berman LLC
630 Dundee Road, Suite 220
Glencoe, Illinois 60062
Attn: Adam E. Berman, Esq.
Ground Lease Estoppel Certificate
This Estoppel Certificate is executed and delivered as of June __, 2017, by the CITY OF
DES PLAINES ("Lessor") in favor of the owner of the property described on Exhibit A
attached hereto, MARINER HIGGINS CENTRE, LLC, a Delaware limited liability
company (together with its successors and assigns, "Lessee"), U.S. BANK NATIONAL
ASSOCIATION, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE FOR THE
REGISTERED HOLDERS OF WACHOVIA BANK COMMERCIAL MORTGAGE TRUST,
COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C31
(together with its successors and assigns, "Lender''), and FIRST AMERICAN TITLE
INSURANCE COMPANY (''Title Company"). This Estoppel Certificate is being delivered
in connection with Lessee's contemplated modification of an existing mortgage loan (the
"Loan ") made by Lender to Lessee in the original principal amount of $17,000,000.
Lessor hereby acknowledges and confirms, in favor of Lessee, Lender and Title Company,
the following, and acknowledges that the foregoing entities will rely upon the statements
contained in this certificate:
1. The undersigned is the Lessor under that certain Lease Agreement (the "Lease")
dated as of September 19, 1984, to 1700 Higgins Centre Venture, as subsequently assigned
to Lessee, pertaining to certain property more particularly described on Exhibit A attached
hereto. The Lease was recorded in the official records of Cook County, Illinois on September
24, 1984 as Document Number 27266895.
2. The Lease is in full force and effect as of the date of this certificate and has not
been amended or modified.
3. To Lessor's knowledge, all rent and other sums required to be paid by Lessee
under the terms of the Lease due on or prior to this date have been paid in full.
4. Lessor has not given any currently outstanding notices to Lessee, or to any other
party, asserting any breach or violation of, or default under, any of the provisions of the
Lease or other violation of any nature whatsoever by Lessee. To Lessor's knowledge,
there does not exist, as of this date, any event or state of facts which, with the giving of
notice or the mere passage of time, or both, would constitute a breach, violation or default of
the Lease or other violation by Lessee of any nature whatsoever.
5. Pursuant to Section 16 of the Lease, Lessor hereby consents to Lessee modifying
the existing mortgage of the leasehold interest to Lender to secure payment of the Loan
(the "Mortgage"). In the event of a foreclosure of the Mortgage by Lender or transfer in
Exhibit A Page 4 of 9
2
lieu thereof, Lender shall be deemed to be Lessee's successor and assignee under the Lease
(notwithstanding anything in the Lease prohibiting or restricting assignment by Lessee or
establishing conditions under which an assignment by Lessee would be permitted) and shall
be entitled to all rights, benefits and privileges of the Lessee under the Lease; and Lessor
shall be bound to Lender under all of the terms, covenants and conditions of the Lease for
the balance of the term thereof remaining and any renewal or extension period thereof duly
exercised as required by the Lease, all without the need to execute any further instruments
on the part of Lessor, Lessee or Lender to make such succession and assignment effective
and binding upon Lessor.
6. In the event of an event of default by Lessee under the Lease (and after the
expiration of any cure periods related thereto), Lessor shall give written notice thereof to
Lender at the address indicated in paragraph 7 hereof (or such other address as Lender
may indicate by notice hereafter to Lessor in writing) and Lender shall have the right (but not
the obligation) to cure such default or failure within thirty (30) days following Lender's receipt
of such notice; and Lessor shall not take any action with respect to such failure under the
Lease, including, without limitation, any action intended to terminate, rescind or avoid the
Lease or Lessee's tenancy or possession thereunder, for such period of thirty (30) days after
Lender's receipt of such written notice; provided, however, that in the case of any
nonmonetary default which cannot with diligence be cured within said 30-day period, if
Lender shall proceed promptly to initiate measures to cure such failure and thereafter
prosecute the curing of such failure with diligence and continuity, the time within which
such failure may be cured shall be extended for such period as may be necessary to
complete the curing of such failure with diligence and continuity. Without limiting the
foregoing, Lessor agrees that no event of default and no termination of the Lease in
connection therewith shall be effective unless notice shall first have been given to Lender in
accordance with the terms of this Agreement.
With respect to defaults by Lessee that are not capable of or subject to cure by Lender
pursuant to the preceding paragraph, so long as Lender pays or causes to be paid any rent or
other monetary obligations of Lessee due under the Lease as the same becomes due, and
initiates steps to acquire Lessee's interest in the Lease by foreclosure or other appropriate
means and prosecutes the same to completion with diligence and continuity (unless such
action is stayed or enjoined), Lessor shall not terminate the Lease and the Lender shall be
entitled to a sufficient time period (including any period during which the Lender's actions
are stayed or enjoined) to complete its steps to acquire Lessee's interest in the Lease prior to
termination of the Lease by the Lessor. Nothing in this Paragraph 6, however, shall be
construed to extend the Lease beyond its original term (as extended by any options to extend),
nor require Lender to initiate or continue foreclosure proceedings after any event of default
has been cured. If an event of default has been cured, and Lender has elected not to initiate
or to discontinue any foreclosure proceedings, then the Lease shall continue in full force
and effect as if Lessee had not defaulted under the Lease.
Lessor further agrees that if the Lease is terminated for any reason, including without
limitation because an event of default under the Lease is not capable of or subject to cure, or
because of the bankruptcy or insolvency of Lessee, Lender shall have the option (upon written
notice to Lessor) to enter into a new ground lease with Lessor on substantially the same terms
Exhibit A Page 5 of 9
3
as the Lease for the then remaining term (plus any options to extend) of the Lease (which new
ground lease shall be prior to any mortgages, liens, or encumbrances on Lessor's fee interest)
following the termination of the Lease by Lessor or the rejection of the Lease by a bankruptcy
trustee under applicable laws.
7. All notices, requests, consents, demands and other communications relating to this
Agreement shall be in writing and shall be deemed sufficiently given if (a) sent by certified
or registered mail with postage prepaid, return receipt requested, properly addressed to the
applicable party at the address set forth below; (b) delivered in person to the address set forth
below for the party to whom the notice is given; (c) deposited into the custody of a nationally
recognized overnight delivery service such as Federal Express, UPS, Emery or Airborne,
addressed to such party at the address specified below; or (d) sent by facsimile, telegram or
telex provided that receipt of such facsimile, telegram or telex is verified by the sender and
followed by a notice sent in accordance with one of the other provisions set forth above.
Notices shall be effective on the date of delivery or receipt, or, if delivery is not accepted, on the
earlier of the date that delivery is refused or five (5) days after the date the notice is mailed. For
purposes of this section, the addresses of the parties for all notices are as set forth below
(unless changed by similar notice in writing given by the particular person whose address is
to be changed). From time to time, any party may designate another address for all purposes by
giving the other parties notice of such change of address.
Notices to Lender shall be given to it at:
c/o Wells Fargo Bank, N.A.
Wells Fargo Commercial Mortgage Servicing MAC D 1086-120
550 S. Tryon Street, 14th Floor Charlotte, NC 28202
Re: WBCMT 2007-C31; Loan No. 191000072
With a copy to:
c/o LNR Partners, LLC
1601 Washington Avenue, Suite 700 Miami Beach, Florida 33139
Attn: Director of Loan Asset Management
Re: WBCMT 2007-C31; Loan No. 191000072
And to:
Venable LLP
750 E. Pratt Street, Suite 900
Baltimore, MD 21202
Attn: Gina A. Zentz. Esq.
All notices to Lessee shall be given to it at:
Mariner Higgins Centre, LLC
c/o Mason Wenk & Berman LLC
630 Dundee Road, Suite 220
Northbrook, Illinois 60062
Attention: Adam E. Berman, Esq.
Exhibit A Page 6 of 9
4
All notices to Lessor shall be given at:
With a copy to:
City of Des Plaines
1420 Miner Street
Des Plaines, IL 60016
Attention: City Manager
City of Des Plaines
1420 Miner Street
Des Plaines, IL 60016
Attention: City Attorney
8. In the event of any conflict or inconsistency between the Lease and this Agreement,
the terms of the Lease shall control, and this Agreement shall be deemed to be amended
hereby.
9. For purposes of this Agreement, the term "Lender" shall include its successors and
assigns, including, but not limited to, any person who acquires Lessee's interest under the Lease
pursuant to a foreclosure of the Security Instrument. Any leasehold mortgagee of any person
(and that person's successors and assigns) who acquires Lessee's interest under the Lease
pursuant to a foreclosure or pursuant to an assignment from Lender shall be entitled to all rights
of Lender under this Agreement. All references herein to Lessor and Lessee shall likewise
include the respective personal representatives, heirs, successors and assigns for each such
party (including, without limitation, any person, party or entity to whom either Lessor's or
Lessee's respective rights and interests in and under the Lease may be assigned). This
Agreement shall accordingly be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, legal representatives, successors and assigns. Without
limiting the foregoing, Lessor agrees that notwithstanding any provision in the Lease to the
contrary, if Lender becomes the lessee under the Lease, Lender shall have the right to assign
its interest in and to the Lease with the consent of Lessor (except as otherwise permitted
pursuant to the Lease), provided, however, Lender shall give Lessor prompt written notice
of any such assignment. Upon acceptance of such assignment by Lender's assignee, Lender
shall be released from any further liability under the Lease as of the date of such assignment.
[SIGNATURE PAGE FOLLOWS]
Exhibit A Page 7 of 9
5
IN WITNESS WHEREOF, the undersigned has signed this Estoppel Certificate as
of the date first above written.
LESSOR: CITY OF DES PLAINES
Matthew J. Bogusz, Mayor
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, , a notary public in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that Matthew J. Bogusz, personally
known to me to be the same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged that he signed, sealed and
delivered the said instrument as her free and voluntary act, on behalf of the City of Des
Plaines for the uses and purposes therein set forth.
GIVEN under my hand and official seal, this day of , 2017.
Notary Public
Exhibit A Page 8 of 9
Exhibit A
Legal Description
Address: 1700 Higgins Road, Des Plaines, Illinois
Certain real property located in the City of Des Plaines, County of Cook, State of Illinois,
designated as Webster Avenue and legally described as follows:
Parcel A: (PIN: 09-33-309-007)
That part of Webster Avenue in Block 5 in Orchard Place lying northerly of the center
line of said Webster Avenue and southerly of the southerly line of the Northern Illinois
Toll Highway as taken by condemnation suit (Document Number 5653769), said Orchard
Place, being a subdivision in the Southwest Quarter of Section 33, Township 41 North,
Range 12, East of the Third Principal Meridian, in Cook County, Illinois.
Parcel B: (PIN: 09-33-310-004)
That part of Webster Avenue in Block 5 in Orchard Place lying Southerly of the center
line of said Webster Avenue and westerly of a line parallel with and 207.7 feet easterly
of the westerly line of said Block 5, said Orchard Place being a subdivision in the
Southwest Quarter of Section 33, Township 41 North, Rand 12, East of the Third
Principal Meridian, in Cook County, Illinois.
Parcel C:
That part of Webster Avenue in Block 5 in Orchard Place lying southerly of the center
line of said Webster Avenue and easterly of a line parallel with and 207.7 feet easterly
of the westerly line of said Block 5, said Orchard Place being a subdivision in the
Southwest Quarter of Section 33, Township 41 North, Range 12, East of the Third
Principal Meridian, in Cook County, Illinois.
Exhibit A Page 9 of 9
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5300
desplaines.org
Date: June 15, 2017
To: Mayor Bogusz and Aldermen of the City Council
From: Michael G. Bartholomew, City Manager
Subject: Discussion Regarding Number of Garage Sales Allowed
At the request of Alderman Sayad, as Chairman of the Community Development Committee, attached please
find information regarding our current ordinance governing the number of garage sales allowed on an annual
basis. A discussion in this regard will take place under the June 19, 2017 Committee of the Whole –
Community Development Committee.
Attachment: Title 4, Chapter 3, Section 5 of the Des Plaines City Code
Page 1 of 3
Page 2 of 3Attachment 1
Page 3 of 3Attachment 1
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5300
desplaines.org
Date: June 16, 2017
To: Mayor Bogusz and Aldermen of the City Council
From: Michael G. Bartholomew, City Manager
Subject: Resolution Asking State of Illinois to Address Cook County Ordinances Regarding Minimum
Wage and Sick Leave
At the request of Alderman Chester, Alderman Sayad, and Alderman Robinson, attached is a resolution for
your consideration at the June 19, 2017 City Council Meeting asking the State of Illinois to address the
ordinances implemented by Cook County regarding minimum wage and sick leave.
Attachment: Resolution R-120-17
Page 1 of 3
1
CITY OF DES PLAINES
RESOLUTION R - 120 - 17
A RESOLUTION REGARDING MINIMUM HOURLY
W A G E S A N D P A I D S I C K L E A V E .
WHEREAS, the City of Des Plaines is a home rule municipality in accordance with Article
VII, Section 6 of the Constitution of the State of Illinois of 1970, pursuant to which it has the
authority to exercise any power and perform any function pertaining to the government and affairs
of the City; and
WHEREAS, on October 5, 2016, the County of Cook Board of Commissioners adopted
an ordinance that takes effect on July 1, 2017, and requires employers in Cook County to provide
a minimum number of paid sick days to their employees (“Cook County Sick Leave Ordinance”);
and
WHEREAS, on October 26, 2016, the County of Cook Board of Commissioners adopted
an ordinance that requires employers in Cook County commencing on July 1, 2017, to pay
minimum hourly wages that are in excess of those otherwise required under federal and State of
Illinois law (“Cook County Minimum Wage Ordinance”) (the Cook County Sick Leave
Ordinance and the Cook County Minimum Wage Ordinance are collectively the “Cook County
Ordinances”); and
WHEREAS, Article VII, Section 6(c) of the Illinois Constitution provides that if an
ordinance of a home rule county (such as the County of Cook) conflicts with an ordinance of a
municipality within the county, the municipal ordinance prevails within the municipality’s
jurisdiction; and
WHEREAS, more than 60 municipalities in Cook County have adopted ordinances
“opting out” of the requirements of the Cook County Ordinances, most if not all of which
municipalities require that minimum hourly wages and paid sick leave requirements be governed
by applicable federal and State of Illinois law, thus conflicting directly with the Cook County
Ordinances; and
WHEREAS, the City Council has determined that it is not in the best interest of the City,
its residents, its employers, and the men and women who work within the City to have minimum
hourly wage requirements imposed at the County level; and
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: DECLARATION. The City Council hereby declares that any change in
mandated minimum hourly wages should be pursuant to the statutes of the State of Illinois and the
Page 2 of 3
2
vital employment and economic policies of minimum hourly wages should not be imposed at the
County level under a system that creates inconsistent local requirements.
SECTION 3: DELIVERY. The City Clerk is hereby directed to transmit an executed and
sealed copy of this Resolution to the Governor of the State of Illinois, to the President of the Illinois
Senate, the Speaker of the Illinois House, and to the City’s elected representatives within the
Illinois General Assembly, as well as to the Secretary of the U.S. Department of Labor.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from
and after its passage and approval according to law.
P A S S E D this _____ day of ____________, 2017.
A P P R O V E D this _____ day of _____________, 2017.
V O T E : AYES _____ NAYS _____ ABSENT _____
M A Y O R
A T T E S T : A p p r o v e d a s t o f o r m :
C I T Y C L E R K P e t e r M . F r i e d m a n , G e n e r a l C o u n s e l
DP-Resolution Regarding Minimum Hourly Wage and Paid Sick Leave
#51869812_v3
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