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06/05/2017MINUTES 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, JUNE 5, 2017 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, ORDER: 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, June 5, 2017. ROLL CALL: Roll call indicated the following Aldermen present: Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz. Absent: Alderman Lysakowski. 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. CLOSED Moved by Brookman, seconded by Chester, to enter into Closed Session to SESSION: discuss Sale of Property, Collective Bargaining, and Pending Litigation. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. The City Council recessed at 6:03 p.m. The City Council reconvened at 7:09 p.m. Roll call indicated the following Aldennen present: Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz. Absent: Aldennan Lysakowski. A quorum was present. PRAYER AND The opening prayer was given by Reverend David Barrette of the Unity PLEDGE: Northwest Church, followed by the Pledge of Allegiance to the Flag of the United States of America. PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR HEARING: ROHRBACH MEMORIAL COUNCIL CHAMBERS, DESPLAINES CIVIC CENTER, MONDAY, JUNE 5, 2017 Mayor Bogusz called the Public Hearing to order at 7:09 p.m. The Public Hearing was being held regarding the Draft Annual Action Plan (Program Year 2017). The City published a legal notice for PY2017 Annual Action Plan in Des Plaines Journal on May 19, 2017 for Public Comment. Page 2 of 14 6/05/17 Director of Community and Economic Development McMahon reviewed his Memorandum dated May 15, 2017. Every year the City is required to hold a Public Hearing for its Community Development Block Grant (CDBG) Annual Action Plans. The Annual Action Plan will serve as the City's budget and formal application for the use of funds. The City plans to use 100% of the grant allocation to assist low and moderate income households. Director McMahon answered questions from the Aldermen. There were no further comments or questions from the public. The Public Hearing was adjourned at 7:10 p.m. The City Council reconvened at 7:10 p.m. PRESENTATION: Des Plaines Arts Council President Will Soderberg addressed the City Council expressing the Council's appreciation for the continuation of support by the City of Des Plaines. A scholarship was awarded to ten winners of the 2017 Arts Council Scholarships. RECOGNITION: Fire Chief Wax recognized the following Fire Department Personnel for an Oakton Street Fire Attack and Victim Rescue on November 25, 2016, Department Commendation Awards: Engine 62 — Lieut. Minas Klikas, FF/Eng. William Szmergalski, FF/PM Sean Schielie Meritorious Service Awards: Ambulance 62 — FF/PM Michael Kirchhoff, FF/PM Lukasz Szerlag Ambulance 63 — FF/PM Christopher Jannusch, FF/PM Robert McLaren Unit Citations: Engine 61 — Lieut. William Rice, FF/PM Ryan Petty, FF/PM Robert Prieto Ambulance 61 — FF/PM Robert Chapman, FF/PM Joseph Mordell, FF/PM Eric Zack Ladder 61 — Acting Lieut. Terry Dillon, FF/PM Steven Berndt, FF/PM Daniel Garhan, FF/PM Anthony Zulfer Engine 63 — Acting Lieut. Timothy Lynch, FF/PM Brian Kinnare, FF/PM Michael Mueller, FF/PM Kevin Murphy Ladder 63 — Lieut. Collin Moon, FF/Eng. Brandon Hatch, FF/ Eng. Brian Rieger, FF/PM Paul Miller Battalion 61 — Battalion Chief Robert Ward CITIZEN Resident Dr. McCurran requested a traffic signal at the intersection of Forest PARTICIPATION: Avenue and Lee Street. Council Members informed Dr. McCurran a traffic light installation at that location is in the process. CONSENT AGENDA: APPROVE MEMBERSHIP DUES/ NWMC/ 2017-2018 Consent Agenda Resolution R-102-17 APPROVE AGMT/ SPEEDLINK/ BACKUP SERVER: Consent Agenda Resolution R-103-17 APPROVE CHANGE ORDER/ GABRIEL Page 3 of 14 6/05/17 Resident Gloria Ludwig thanked Mr. O'Connell and Mr. Lake for their efforts at the Memorial Day ceremony and announced sponsorship of an Optimist Club Movie in the Park on June 9 at the Lake Park Memorial Pavilion. Mrs. Ludwig requested an appointment to the Youth Commission and also presented an appointment request for Rosalie Cullotta. Rachelle Pacchini expressed her interest in City and the Youth Commission. Ms. Pacchini submitted a request for an appointment to the Youth Commission. Moved by Sayad, seconded by Rodd, 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: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0-Lysakowski Motion declared carried. Minutes were approved; Staff recommendation and requests were approved; Resolutions R-102-17, R-103-17, R-104-17, R-106-17, R-107-17, R-108-17, R-109-17, and R-112-17 were adopted. Moved by Brookman, seconded by Chester, to concur with Staff recommendation to approve Annual Membership Dues for 2017-2018 to the Northwest Municipal Conference (NWMC) in the Amount of $25,528.00. Budgeted Funds — Elected Office/Membership; and further recommend to adopt Resolution R-102-17, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO RENEW ITS MEMBERSHIP IN THE NORTHWEST MUNICIPAL CONFERENCE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to concur with Staff recommendation to approve Barracuda 995 Backup Server Maintenance Agreement with SpeedLink, 4039 Floramar Terrace, New Port Richey, FL in the Amount of $55,271.00. Budgeted Funds — IT/R&M Equipment; and further recommend to adopt Resolution R-103-17, A RESOLUTION APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH SPEEDLINK SOLUTIONS, INC. FOR BACKUP SERVER MAINTENANCE AND CLOUD STORAGE SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to concur with Staff recommendation to approve Change Order to Task Order No. 1 for Gabriel Laboratories, Ltd., d/b/a Gabriel Environmental Services, 1421 N. Elston Avenue, Chicago, IL in the Amount of $75,000.00 to Provide Pre -Demolition (Cont.) LABORATORIES/ PUBLIC WORKS DEPT: Consent Agenda Resolution R-104-17 APPROVE MASTER CONTRACT/ SPACECO/ ENG SVCS: Resolution R-105-17 PURCHASE/ TWO FOR TRUCKS/ PUBLIC WORKS: Consent Agenda Resolution R-106-17 PURCHASE/ FORD PICK-UP TRUCK/ PUBLIC WORKS Page 4 of 14 6/05/17 Asbestos Inspections and Testing of an Additional 47 Single Family Homes in Connection with FEMA Hazard Mitigation Grant 1935. Budgeted Funds — Grant Funded Projects; and further recommend to adopt Resolution R-104-17, A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO TASK ORDER NO. 1 FOR GABRIEL LABORATORIES, LTD. FOR INSPECTION SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Resident Brian Burkross requested that this Item be removed from the Consent Agenda. Mr. Burkross asked for the definition of a Master Contract. Director of Public Works and Engineering Tim Oakley explained a Master Contract allows the City to enter into professional service Task Order agreements with the consultant to perform a variety of engineering services and sets the labor rate. Task Order agreements are presented to the City Council individually for approval if they are $20,000 or greater. The contracts have expired and this is a renewal. Moved by Rodd, seconded by Sayad, to concur with Staff recommendation to approve Master Contract with SpaceCo, Inc., 9575 W. Higgins Road, Rosemont, IL for Professional Engineering; and farther recommend to adopt Resolution R-105-17, A RESOLUTION APPROVING A MASTER CONTRACT RENEWAL WITH SPACECO, INC., FOR PROFESSIONAL ENGINEERING SERVICES. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. Moved by Brookman, seconded by Chester, to approve Purchase of Two 2017 Ford F-250 Trucks with Related Equipment through the Suburban Purchasing Cooperative Contract #142 from Currie Motors, 9423 W. Lincoln Highway, Frankfort, IL in the Amount of $95,524. Budgeted Funds — Vehicle Replacement Fund; and further recommend to adopt Resolution R-106-17, A RESOLUTION AUTHORIZING THE PURCHASE OF TWO FORD F-250 TRUCKS WITH RELATED EQUIPMENT FROM CURRIE MOTORS OF FRANKFORT, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to approve Purchase of a 2017 Ford F-350 Pick -Up Truck with Service Body through the Suburban Purchasing Cooperative Contract #144 from Landmark Ford, 2401 Prairie Crossing Drive, Springfield, IL in the Amount of $65,438. Budgeted Funds — Page 5 of 14 6/05/17 (Cont.) Vehicle Replacement Fund; and further recommend to adopt Resolution DEPT: R-107-17, A RESOLUTION AUTHORIZING THE PURCHASE OF A 2017 Consent FORD F-350 PICK-UP TRUCK WITH SERVICE BODY FROM Agenda LANDMARK FORD OF SPRINGFIELD, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-107-17 APPOVE Moved by Brookman, seconded by Chester, to concur with Staff BID/PARKING recommendation to award Bid for the 2017 Parking Structure Maintenance STRUCTURE Repairs Contract to National Restoration Systems, 1500 Hicks Road, Rolling REPAIRS/ Meadows, IL in the Amount of $209,500. Budgeted Funds — TIF District NATIONAL #1/R&M Buildings & Structures; and further recommend to adopt Resolution RESTORATION R-108-17, A RESOLUTION APPROVING A CONTRACT WITH Consent NATIONAL RESTORATION SYSTEMS FOR PARKING STRUCTURE Agenda REPAIRS. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-108-17 AWARD BID/ Moved by Brookman, seconded by Chester, to concur with Staff ROCK SALT recommendation Award Bid for the Rock Salt Conveyor System and CONVEYOR/ Installation Contract to Kimco USA, Inc., 118 East Trefz, Marshall, IL in the KIMCO Amount of $135,544.49. Budgeted Funds — General Fund/Street Maintenance Consent Division/Equipment; and further recommend to adopt Resolution R-109-1'7, ti Agenda RESOLUTION APPROVING A ROCK SALT CONVEYOR SYSTEM AND INSTALLATION CONTRACT TO KIMCO USA, INC. Motion declared Resolution carried as approved unanimously under Consent Agenda. R-109-17 APPROVE Resident Brian Burkoss requested that this Item be removed from the Consent MASTER Agenda. CONTRACT/ DIXON ENG./ Mr. Burkross asked for the definition of a Master Contract. ENG. SERVICES Director of Public Works and Engineering Tim Oakley explained a Master Contract allows the City to enter into professional service Task Order Resolution agreements with the consultant to perforin a variety of engineering services and R-110-17 sets the labor rate. Task Order agreements are presented to the City Council individually for approval if they are $20,000 or greater. The contracts have expired and this is a renewal. Moved by Rodd, seconded by Chester, to approve Professional Services Master Contract between the City of Des Plaines and Dixon Engineering, Inc., 5307 S. 92"d Street, Hales Corners, WI; and further recommend to adopt Resolution R-110-17, A RESOLUTION APPROVING A CONTRACT WITH DIXON ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, (Cont.) Page 6 of 14 6/05/17 Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. APPROVE Moved by Brookman, seconded by Chester, to approve Agreement with Mill AGMT./ Run Condominium Association for the Enforcement of Parking Regulations PARKING in the Parking Area Located at 1685 Mill Street; and further recommend to ENFORCEMNT adopt Resolution R-112-17, A RESOLUTION APPROVING AN /1685 MILL AGREEMENT WITH THE MILL RUN CONDOMINIUM ASSOCIATION STREET: FOR THE ENFORCEMENT OF PARKING REGULATIONS IN THE Consent PARKING AREA LOCATED AT 1685 MILL STREET. Motion declared Agenda carried as approved unanimously under Consent Agenda. Resolution R-112-17 ADVERTISE Moved by Brookman, seconded by Chester, to concur with Staff BID/ 2017 recommendation to Authorize the City Clerk to Advertise for Bid the 2017 SEWER Sewer Lining Project. Motion declared carried as approved unanimously under LINING Consent Agenda. PROJECT: Consent Agenda APPROVE Moved by Brookman, seconded by Chester, to approve Minutes of the Regular MINUTES: Meeting of the City Council of May 15, 2017, as published. Motion declared Consent carried as approved unanimously under Consent Agenda. Agenda Moved by Brookman, seconded by Chester, to approve Minutes of the Closed Session Meeting of the City Council of May 15, 2017. Motion declared carried as approved unanimously under Consent Agenda. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Charewicz, Chair WARRANT Alderman Charewicz presented the Warrant Register. REGISTER: Staff answered questions from the Aldermen. Moved by Rodd, seconded by Robinson, to recommend to the City Council approval of the June 5, 2017 — Warrant Register, in the total amount of $8,032,780.68; and further recommend that Resolution R-111-17 be adopted at appropriate time this evening. Motion declared carried. Page 7 of 14 6/05/17 WATER RATE Assistant City Manager/Director of Finance Wisniewski reported the City has INCREASE: received notice from both the City of Chicago and Northwest Water Commission that rates will increase in 2017. The City of Chicago rate has been amended to increase annually on June 1St based on the Consumer Price Index (CPI) of the prior calendar year. Effective June 1, 2017 this increase is 1.83% or an increase from $2.852 per 100 cubic feet to $2.904. The Northwest Water Commission rate increased 2.2% on May 1, 2017 from $1.332 per 100 cubic feet to $1.361. As of December 31, 2016 the balance of the Water/Sewer Fund is a negative $5.0 million. Due to the aging infrastructure and limited rate increases, the Water/Sewer Fund expenditures continue to outpace revenues at a higher rate annually. It will take approximately 4-5 years to have a zero balance in the fund. If no action is taken by the Council, the City of Chicago increase will be passed on per the City's ordinance. This equates to an average charge of $0.81 per bill on a household of four who uses 15 units of consumption or $0.405 per month. If the cost is not passed on the cost to the City is approximately $100,000. Staff answered questions from the Aldermen. Two residents spoke in support of the increase being passed on to the residents. Resident Brian Burkross questioned the safeguards in place to mandate the water rates. Director of Public Works and Engineering responded State law governs water rates to Water Commissions. Alderman Sayad moved, seconded by Brookman to not pass the increase to the residents. By show of hands, the vote was: AYES: 3-Sayad, Brookman, Chester NAYS: 4 -Robinson, Rodd, Smith, Charewicz Motion failed. LEGAL & LICENSING — Alderman Brookman, Chair COOK COUNTY/ Alderman Brookman explained in October 2016, Cook County adopted two SICK LEAVE/ ordinances that require employers in Cook County to provide a minimum M-11-17: number of paid sick days and to provide an increase to the minimum wage. Summary of Sick Leave Ordinance: •Applies to employers of all sizes and to any employee who has worked at least 80 hours within any 120 -day period for the same employer. •Covers private sector workers who, in any particular two-week period, perform at least two hours of work for an employer while physically present within the geographic boundaries of Cook County. •Allows employees to care 1 hour of paid sick leave for every 40 hours worked and accrue a maximum of 40 hours (or 5 days) of paid sick leave per year. (Cont.) Page 8 of 14 6/05/17 •Employees can use paid sick leave for their own illness, injuries, or medical care and for that of certain covered family members; or a family member who is a victim of domestic violence or a sex offense; or if their place of business or the child care facilities or school of their child has been closed by an order of a public official due to a public health emergency. Motion by Charewicz, seconded by Brookman to recommend to the City Council at the appropriate time this evening to defer Ordinance M-11-17 until the June 19, 2017 City Council Meeting. By show of hands, the vote was: AYES: 4 -Robinson, Rodd, Brookman, Charewicz NAYS: 3-Sayad, Chester, Smith ABSENT: 1-Lysakowski Motion carried. COOK COUNTY/ Alderman Brookman explained in October 2016, Cook County adopted two MINIMUM WAGE/ ordinances that require employers in Cook County to provide a minimum M-12-17: number of paid sick days and to provide an increase to the minimum wage. Summary of Minimum Wage Ordinance: • Applies to employers of all sizes and covers private sector workers who, in any particular two week period, perform at least two hours of work for an employer while physically present within the geographic boundaries of Cook County. • Beginning on July 1, 2017, the minimum hourly wage will be $10 per hour. = Beginning on July 1, 2018, the minimum hourly wage will be $11 per hour. • Beginning on July 1, 2019, the minimum hourly wage will be $12 per hour. • Beginning on July 1, 2020, the minimum hourly wage will be $13 per hour. • Beginning on July 1, 2021, and on every July 1st thereafter, the minimum wage will increase by the CPI or 2.5%, whichever is less. Alderman Brookman opposes Cook County dictating a law that local government should enact that creates a never ending contract. It should not be the role of County government to determine the wages businesses are to pay their employees. Alderman Brookman believes by not opting out of this ordinance Des Plaines businesses will be at a disadvantage since 41 other communities, including those surrounding Des Plaines have already opted out. Honorable Sean Morrison of the Office of the State's Attorney legal conclusion is that Cook County lacks the home rule authority to enact a Minimum Wage Ordinance. Earlier this year, the Illinois legislation passed a minimum wage bill of $15 an hour, but that bill has not been signed. Resident Jack Stenholt read a letter on behalf of Congresswomen Jan Schakowsky urging the Council not to opt out of the two County ordinances. Page 9 of 14 6/05/17 (Cont.) Representatives of the People's Lobby and numerous other individuals spoke urging the Council not to opt out. AMENDMENT TO FINAL PUD/ 2550 E DEMPSTER STREET/Z-14-17: Mr. Dave Zardzin, owner of the Dairy Queen expressed that by allowing the minimum wage to take effect it will force him to increase his prices and possibly result in eliminating jobs especially since the location of his business is across the street from Mount Prospect. Ms. Andrea Biwer, Executive Director of the Des Plaines Chamber of Commerce spoke on behalf of more than 600 business members of the Des Plaines Chamber of Commerce & Industry urging the City Council to opt out of both the Minimum Wage and Paid Sick Leave mandate. Resident Brian Burkross, a Chicago business owner urged the City Council to opt out and approve the presented ordinances. Motioned by Charewicz, seconded by Brookman to recommend to the City Council approval of Opting Out of the Minimum Wage Ordinance and adopt Ordinance M-12-17 at the appropriate time this evening. By show of hands, the vote was: AYES: 3 -Rodd, Brookman, Charewicz NAYS: 3-Sayad, Chester, Smith ABSTAIN: 1 -Robinson ABSENT: 1-Lysakowski A viftc indicated a tie, the iiiotiuii failed. COMMUNITY DEVELOPMENT — Alderman Sayad, Chair This item was deferred from May 15, 2017. Mr. Mark Lurvey of Lurvey Landscape Supply & Garden Center filed an application requesting an amendment to a previously approved Final Planned Unit Development at 2550 E Dempster Street to pen -nit the removal of a planned office building and an increase in a proposed 6,225 square foot greenhouse by 7,885, for a total of 14,110 square feet, in the C-3 General Commercial District; although the building was already demolished without Council approval. Economic Development Director McMahon explained that the building permit to demolish the building was an oversite by staff and issued in error. Alderman Sayad explained the reason this item was deferred from May 15, 2017 was to obtain recommendations as to how to prevent an error like this from occurring in the future. Director McMahon met with staff and instituted a policy change which now includes that all demolitions will go to Zoning or the Senior Planner. A staff member will review the history of the site and determine that there is not a PUD or other types of issues that would hinder the building from being removed. (Cont.) PRELIMINARY PUD AND TENT. PLAT OF SUDDIVISION/ 1450 TOUHY AVE./ Z-15-17: AMENDMENT TO FINAL PUD/ 1200 E GOLF RD/Z-16-17: Page 10 of 14 6/05/17 Moved by Brookman, seconded by Chester to recommend to the City Council approval of the amendment to the Final PUD for 2550 E. Dempster and adopt Z-14-17 at the appropriate time this evening. Motion declared carried. Director of Community and Economic Development McMahon reviewed his memo of May 25, 2017. Petitioner Peter Nelson is requesting a Preliminary Planned Unit Development (PUD) and Tentative Plat of Subdivision in order to construct a Fairfield Inn and & Suites hotel at 1450 E. Touhy Avenue in the C-3 General Commercial District. The site at present is approximately 5.81 acres and has a 246 -unit Radisson Hotel and 5,500 square foot LongHorn Steakhouse restaurant, both of which will remain. The petitioner proposes to subdivide the northern portion of the site, approximately 1.64 acres, in order to construct a 136 -room, 5 -story hotel. The major variation that is being requested is the number of parking spaces. Per the Zoning Ordinance the required number of spaces is 461 and after construction there will be 334 parking spaces. Director McMahon presented a Site Layout/Proposed Plat of PUD and answered questions from the Aldermen. Staff recommends the approval of the Preliminary PUD and Tentative Plat of Subdivision subject to conditions. Petitioner Peter Nelson answered questions from Aldermen regarding parking plans and lease agreement to secure parking for overflow if needed. Alderman Brookman requested that Staff work with Petitioner Nelson to explore the possibility of installing windows to the front facade. Moved by Brookman, seconded by Robinson, to recommend to the City Council approval of the Preliminary PUD and Tentative Plat of Subdivision for 1450 E. Touhy at the appropriate time this evening. Motion declared carried Director of Community and Economic Development McMahon reviewed his memo of May 24, 2017. Mr. Bernard Tameling filed an application requesting a Map Amendment from the I-1 Institutional District to the M-2 General Manufacturing District for 1200 E Golf Rd. The applicant requested that the property be rezoned to M-2 with Planned Unit Development approval to render the existing nonconforming setbacks conforming, and to permit auto repair, auto body repair, commercial truck parking, contractor storage yards, machine shops, and welding shops as permitted uses on site. At the May 15, 2017 City Council meeting Staff was directed to draft an Ordinance rezoning 1200 E Golf Road from I-1 to M-2, and to approve the requested PUD exceptions and allow auto repair, machine shops and contractor's yards. (Cont.) NEW BUSINESS: Page 11 of 14 6/05/17 Moved by Rodd, seconded by Charewicz, to approve the Zoning Map amendment, Preliminary and Final Planned Unit Development and Conditional Use for 1200 E. Golf Road and to recommend to the City Council approval of Z-16-17 at the appropriate time this evening. Motion declared carried. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION WARRANT Moved by Charewicz, seconded by Sayad, to concur with recommendation of REGISTER: Committee of the Whole to adopt Resolution R-111-17, Warrant Register in the total amount of $8,032,780.68. Motion declared carried. Upon roll call, Resolution the vote was: R-111-17 AYES: 7 -Robinson, Rodd, Sayad, Charewicz Brookman, Chester, Smith NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. ORDINANCE Moved by Brookman, seconded by Charewicz to defer Ordinance M-11-17, M-11-17/PAID AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 5 OF THE CITY SICK LEAVE: CODE REGARDING PAID SICK LEAVE until June 19, 2017. Upon roll call, the vote was: AYES: 4 -Robinson, Rodd, Brookman, Charewicz NAYS: 4-Sayad, Chester, Smith, Bogusz ABSENT: 1-Lysakowski Motion failed. Moved by Smith, seconded by Chester to not adopt Ordinance M-11-17, AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 5 OF THE CITY CODE REGARDING PAID SICK LEAVE until June 19, 2017. Upon roll call, the vote was: AYES: 4 -Robinson, Sayad, Chester, Smith, Bogusz NAYS: 3 -Rodd, Brookman, Charewicz ABSENT: 1-Lysakowski Motion declared carried. ORDINANCE Moved by Smith, seconded by Sayad to not adopt Ordinance M-12-17, AN M-12-17/ ORDINANCE AMENDING TITLE 4 OF THE CITY CODE REGARDING MINIMUM WAGE: MINIMUM WAGE. Upon roll call, the vote was: AYES: 4-Sayad, Chester, Smith, Bogusz NAYS: 3 -Rodd, Brookman, Charewicz ABSTAIN: 1 -Robinson ABSENT: 1-Lysakowski Motion declared carried. ORDINANCE Z-14-17 AMENDMENT TO FINAL PUD/ 2550 E DEMPSTER STREET: ORDINANCE Z-15-17 PRELIMINARY PUD/ 1450 E. TOUHY AVENUE: ORDINANCE Z-16-17 ZONING MAP AMEND, PRELIMINARY AND FINAL PUD AND CU/ 1200 E GOLF ROAD: Page 12 of 14 6/05/17 Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution Z-14-17, AN ORDINANCE AMENDING A PLANNED UNIT DEVELOPMENT AT 2550 E DEMPSTER STREET, DES PLAINES, IL. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. Moved by Sayad, seconded by Robinson to advance to second reading Z-14-17, AN ORDINANCE AMENDING A PLANNED UNIT DEVELOPMENT AT 2550 E DEMPSTER STREET, DES PLAINES, IL Upon roll call, the vote was: AYES: 6 -Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS : 1 -Smith ABSENT: 1-Lysakowski Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution Z-15-17, AN ORDINANCE APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT FOR 1450 E TOUHY AVENUE, DES PLAINES, IL. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. Moved by Sayad, seconded by Robinson to advance to second reading Z-15-17, AN ORDINANCE APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT FOR 1450 E TOUHY AVENUE, DES PLAINES, IL. Upon roll call, the vote was: AYES: 5 -Robinson, Sayad, Brookman, Chester, Charewicz NAYS: 2 -Rodd, Smith ABSENT: 1-Lysakowski Motion failed. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution Z-16-17, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT, A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT, AND A CONDITIONAL USE FOR 1200 E GOLF ROAD, DES PLAINES, IL. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None (Cont.) ABSENT: 1-Lysakowski Motion declared carried. APPROVE MOU/MIDWEST GAMING/DES PLAINES THEATRE Resolution R-101-17 RESCHEDULE COUNCIL MEETING IN JULY: Page 13 of 14 6/05/17 Moved by Sayad, seconded by Rodd to advance to second reading Z-16-17, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT, A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT, AND A CONDITIONAL USE FOR 1200 E GOLF ROAD, DES PLAINES, IL. Upon roll call, the vote was: AYES: 6 -Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS: 1 -Smith ABSENT: 1-Lysakowski Motion declared carried. The City of Des Plaines and Rivers Casino seek to cooperate in order to acquire, revitalize, renovate, and repurpose the Des Plaines Theater as an educational and performing arts venue serving the residents of the City and the northwest Cook County region. City Manager Bartholomew summarized the presented Memorandum of Understanding (MOU) between Rivers Casino and City of Des Plaines and explained the approval of the MOU does not obligate the City to purchase or renovate the Theatre. The MOU is the starting point to explore the opportunity to acquire and renovate the Theatre. Discussion was held. Alderman Sayad requested a representative from Rivers Casino or a presentation from City Manager Bartholomew at the next meeting to answer questions and provide additional information. A consensus was reached to adopt Resolution, R-101-17, A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DES PLAINES AND MIDWEST GAMING & ENTERTAINMENT, LLC. REGARDING ACQUISITION AND RENOVATION OF THE DES PLAINES THEATRE. Upon roll call, the vote was: AYES: 3 -Rodd, Smith, Charewicz NAYS: 4-Sayad, Brookman, Chester, Robinson ABSENT: 0 -None Motion failed. City Manager Bartholomew presented for consideration and reschedule or cancel the July 3, 2017 Council Meeting. Motioned by Rodd, seconded by Brookman to cancel the July 3, Meeting. By show of hands, the vote was: AYES: 5 -Robinson, Rodd, Brookman, Charewicz, Chester NAYS: 2-Sayad, Smith ABSENT: 1-Lysakowski discussion to 2017 Council (Cont.) AUTHORIZE SETTLEMENT AGMT/USA/ RELIGIOUS LAND USE: Resolution R-113-17 Page 14 of 14 6/05/17 Motion declared carried. City Manager Bartholomew presented a Settlement Agreement between the City of Des Plaines and the United States of America regarding the Religious Land Use and Institutionalized Person Act of 2000. Moved by Charewicz, seconded by Rodd, to adopt Resolution R-113-17, A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE UNITED STATES OF AMERICA REGARDING THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT OF 2000. Motion declared carried. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Chester, Smith NAYS: 0 -None ABSENT: 1-Lysakowski Motion declared carried. ADJOURNMENT: Moved by Rodd, seconded by Brookman, to adjourn the meeting. Motion declared carried. The meeting adjourned at 11:00 p.m. APPROVED BY ME THIS( fer Tsalapatanis — CITY CLEK