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04/16/2018MINUTES 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, APRIL 16, 2018 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 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, April 16, 2018. ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Chester and Charewicz. Absent: Brookman and Smith. 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 SESSION: Moved by Sayad, seconded by Rodd to enter into Closed Session to discuss Probable or Imminent Litigation, Personnel and Collective Bargaining. Upon roll call, the vote was: AYES: 6-Lysakowski, Robinson, Rodd, Sayad, Chester, Charewicz NAYS: 0 -None ABSENT: 2 -Brookman, Smith Motion declared unanimously carried. PRAYER AND PLEDGE: The City Council recessed at 6:01 p.m. The City Council re -convened at 7:22 pm. Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz. Absent: Smith. A quorum was present. The prayer was given by Reverend Greg Barrette of the Unity Northwest Church, followed by the Pledge of Allegiance to the Flag of the United States of America. SWEARING-IN Fire Chief Wax introduced new Firefighter/Paramedic Candidate Daniel Ayala. CEREMONY: Mayor Bogusz administered the Official Oath and welcome Mr. Ayala to the Department. CITIZEN Resident Max Dease, 1829 Morse Avenue, presented a petition with 21 signatures PARTICIPATION: of area residents requesting that the fence at Old Orchard School be replaced due to its dilapidated condition. Resident Wayne Serbin suggested that the city enact a vacancy tax for commercial storefront which remain empty after a period of time. (Cont.) CONSENT AGENDA: AMEND CITY CODE/SALE, USE, AND POSSESSION OF ALTERNATIVE NICOTINE PRODUCTS: Ordinance M-7-18 APPROVE LIQUOR LICENSE/ FIBS BREWING/ 260 HOWARD: Consent Agenda Ordinance M-8-18 AWARD BID/ 2018 CIP CONTRACT C/ STREET IMPROVEMENTS/ ARROW CONSTRUCTION: Resolution R-79-18 Page 2 of 10 04/16/18 Resident Garland Armstrong inquired when Leona's Restaurant sign will be removed since the business is no longer open and stated that he may be contacted to relay any issues to Metra. Moved by Brookman, seconded by Rodd, to establish the Consent Agenda. Motion declared carried. Moved by Sayad, seconded by Chester, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. Minutes were approved; Request was approved; Ordinance M-5-18, M-6-18, M-8-18, Z-7-18; Resolution R-79-18, R-80-18, R-81-18, R-82-18, R-83-18, R-88-18, R-89-18, R-90-18, R-91-18, R-92-18, R-93-18 were adopted. Alderman Chester requested that this item be removed and to table until the May 7, 2018 meeting to discuss under Committee of the Whole/Legal and Licensing. Motion by Sayad, seconded by Robinson to table until May 7, 2018, Ordinance M-7-18, AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 4 OF THE CITY OF DES PLAINES CITY CODE REGARDING THE SALE, USE, AND POSSESSION OF ALTERNATIVE NICOTINE PRODUCT. Upon voice vote, motion declared carried. Moved by Sayad, seconded by Chester to Approve New Class A (Tavern Under 250 Persons) Liquor License for Fibs Brewing Company, 260 Howard Avenue; and further recommend to adopt Ordinance M-8-18, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester to Award Bid for the 2018 Capital Improvement Program — Contract C, Street Improvements to Arrow Road Construction Company, 3401 S. Busse Road, Mt. Prospect, Illinois in the Amount of $497,215.90. Budgeted Funds — Capital Projects Fund; and further recommend to adopt Resolution R-79-18, A RESOLUTION APPROVING AN AGREEMENT WITH ARROW ROAD CONSTRUCTION COMPANY FOR THE 2018 CAPITAL IMPROVEMENT PROJECT STREET IMPROVEMENTS, CONTRACT C. Motion declared carried as approved unanimously under Consent Agenda. APPROVE TASK ORDER/ AYRES ASSOC/ AERIAL PHOTOGRAPHY: Consent Agenda Resolution R-80-18 APPROVE TASK ORDER/ CHRISTOPHER B. BURKE ENG./ DOWNTOWN STREETSCAPE IMPROVEMENTS: Consent Agenda Resolution R-81-18 RECIND R-14-18/APPROVE PURCHASE TWO POLICE CARAVANS/ NAPLETON FLEET: Consent Agenda Resolution R-82-18 AMEND R-81-17/ANYTIME FITNESS/ 1525 ELLINWOOD/ EXTEND INTERIOR BUILD -OUT IMPROVEMENTS: Consent Agenda R-83-18 Page 3 of 10 04/16/18 Moved by Sayad, seconded by Chester to Approve Task Order No. 1 with Ayres Associates, Inc., 5201 East Terrace Drive, Madison, Wisconsin in the Amount of $28,269.00 for Aerial Photography Work. Budgeted Funds — General Fund/Geographic Information Systems; and further recommend to adopt Resolution R-80-18, A RESOLUTION APPROVING TASK ORDER NO. 1 WITH AYRES ASSOCIATES, INC., FOR AERIAL PHOTOGRAPHY AND PLANIMETRIC MAPPING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to Approve Task Order No. 11 with Christopher B. Burke Engineering, Ltd., 9575 West Higgins Road, Rosemont, IL in the Not -to -Exceed Amount of $116,600.00 for Design Engineering Services in Connection with the Downtown Streetscape Improvements Project, Phase 4. Budgeted Funds — TIF #1; and further recommend to adopt Resolution R-81-18, A RESOLUTION APPROVING TASK ORDER NO. 11 UNDER A MASTER CONTRACT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD., FOR CONSTRUCTION ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to Rescind Resolution R-14-18 for the Purchase of Police Department Vehicles Via the Illinois State Bid Due to Cancellation of Contract and Approve the Purchase of Two (2) Dodge Grand Caravans through a Comparable Bid Received from Napleton Fleet Group, One Oakbrook Terrace, Oakbrook Terrace, Illinois in an Amount Not -to -Exceed $49,144.00. Budgeted Funds — State Asset Forfeiture; and further recommend to adopt Resolution R-82-18, A RESOLUTION RESCINDING RESOLUTION R-14-18 AND AUTHORIZING THE PURCHASE OF TWO DODGE GRAND CARAVANS FROM NAPLETON FLEET GROUP. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester to Amend Resolution R-81-17 to Permit Anytime Fitness, 1525 Ellinwood Street, an Extension of Up to Six Months to Complete Interior Build -Out Improvements Allowing for Them to Still Qualify for Reimbursement Under the Business Assistance Grant for Such Improvements; and further recommend to adopt Resolution R-83-18, A RESOLUTION APPROVING AN EXTENSION OF THE BUSINESS ASSISTANCE PROGRAM GRANT FOR FACADE IMPROVEMENTS AND INTERIOR BUILD -OUT AT 1525 ELLINWOOD STREET AUTHORIZE CITY CLERK TO ADVERTISE FOR BID/2018 PARKING STRUCTURE REPAIRS: AWARD BID/ 2018 CIP CONTRACT B/ STREET & UTILITY IMPROVEMENTS/ ORANGE CRUSH: Consent Agenda Resolution R-88-18 REJECT ALL BIDS/2018 CIP CONCRETE AND REBID: Consent Agenda Resolution R-89-18 AWARD BID/ 10 -TON TRUCK/ NORTHWEST TRUCKS: Consent Agenda Resolution R-90-18 AWARD BID/ 2018 LANDSCAPE MAINTENANCE GREENSPACE/ BEARY LANDSCAPING: Consent Agenda Page 4 of 10 04/16/18 Moved by Sayad, seconded by Chester to Authorize the City Clerk to Advertise for Bid the 2018 Parking Structure Maintenance Repairs Project. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to Award Bid for the 2018 Capital Improvement Program — Contract B, Street & Utility Improvements Project to Orange Crush, LLC, 321 S. Center Street, Hillside, Illinois in the Amount of $4,974,453.00. Budgeted Funds — Capital Projects Fund and Water/Sewer; and further recommend to adopt Resolution R-88-18, A RESOLUTION APPROVING AN AGREEMENT WITH ORANGE CRUSH, LLC, FOR THE 2018 CAPITAL IMPROVEMENT STREET AND UTILITY IMPROVEMENTS PROJECT, CONTRACT B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to Reject All Bids Received for the 2018 Capital Improvement Program — Concrete Improvements Project (MFT -18- 00000 -01 -GM) Which All Exceeded the Engineer's Estimate and Rebid the Project with a Return Date of May 2, 2018; and further recommend to adopt Resolution R-89-18, A RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE 2018 CAPITAL IMPROVEMENT PROGRAM — CONCRETE IMPROVEMENTS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to Award Bid for the Purchase of a 10 - Ton Truck per Specifications to Sole Bidder Northwest Trucks, Inc., 2120 Rand Road, Palatine, Illinois in the Amount of $195,320. Budgeted Funds — Equipment Replacement; and further recommend to adopt Resolution R-90-18, A RESOLUTION APPROVING AN AGREEMENT WITH NORTHWEST TRUCKS, INC. FOR THE PURCHASE OF ONE 10 -TON TRUCK. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to Award Bid of the 2018 Landscape Maintenance Contract for City -Owned Greenspace to Beary Landscaping, Inc., 1308 Rand Road, Des Plaines, Illinois in the Yearly Amount of $129,448, with Additional Labor Costs at the Hourly Rate of $30.00 in the Amount of $70,552. Budgeted Funds — Facilities and Grounds Miscellaneous Contractual Services; and further recommend to adopt Resolution R-91-18, A RESOLUTION APPROVING AN AGREEMENT WITH BEARY LANDSCAPING, INC. FOR (Cont.) Resolution R-91-18 AWARD BID/ 36 -INCH TRANSMISSION MAIN REPAIRS/ JOHN NERI CONSTRUCTION: Consent Agenda Resolution R-92-18 APPOVE BARGAINING AGMT./ MAP POLICE CHAPTER #241: Consent Agenda Resolution R-93-18 SECOND READING/ ORD. M-5-18/ 1896-1930 LEE ST AND 1157-1175 PROSPECT LANE: Consent Agenda SECOND READING/ ORD. M-6-18/ 607 E OAKTON: Consent Agenda SECOND READING/ ORD. Z-7-18/ 1405 OXFORD ROAD: Page 5 of 10 04/16/18 LANDSCAPE MAINTENANCE FOR CITY -OWNED GREENSPACE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to Award Bid of the 36 -inch Transmission Main Repairs Project to John Neri Construction Company, Inc., 770 Factory Road, Addison, Illinois in the Amount of $298,900. Budgeted Funds — Capital Improvement Program Water/Sewer Fund; and further recommend to adopt Resolution R-92-18, A RESOLUTION APPROVING AN AGREEMENT WITH JOHN NERI CONSTRUCTION COMPANY, INC. FOR 36 -INCH TRANSMISSION MAIN REPAIRS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to Approve Five -Year Collective Bargaining Agreement with the Metropolitan Alliance of Police (MAP) Des Plaines Police Chapter #241; and further recommend to adopt Resolution R-93-18, A RESOLUTION APPROVING A FIVE-YEAR COLLECTIVE BARGAINING AGREEMENT WITH THE METROPOLITAN ALLIANCE OF POLICE DES PLAINES POLICE CHAPTER #241. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to Approve Second Reading — Ordinance M-5-18, AN ORDINANCE APPROVING THE SALE OF CITY -OWNED PROPERTY LOCATED AT 1896-1930 LEE STREET AND 1157-1175 PROSPECT LANE, DES PLAINES, ILLINOIS, A REDEVELOPMENT AGREEMENT, AS WELL AS A REAL ESTATE PURCHASE AND SALE AGREEMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to Approve Second Reading— Ordinance M-6-18, 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 607 EAST OAKTON STREET IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to Approve Second Reading — Ordinance Z-7-18, AN ORDINANCE APPROVING A TENTATIVE AND FINAL PLAT OF SUBDIVISION FOR 1405 OXFORD ROAD AND A VARIATION FROM SECTION 13-2-5.R OF THE CITY OF DES PLAINES SUBDIVISION REGULATIONS. Motion declared carried as approved unanimously under Consent Agenda. (Cont.) Consent Agenda APPROVE MINUTES: Consent Agenda APPROVE CLOSED SESSION MINUTES: Consent Agenda WARRANT REGISTER: BUSINESS ASSISTANCE APPROVAL/ GIUSEPPE'S/ 554 E ALGONQUIN: Page 6 of 10 04/16/18 Moved by Sayad, seconded by Chester, to approve the Minutes of the City Council of April 2, 2018, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Chester, to approve the Minutes of the Closed Session of the City Council of April 2, 2018, as published. 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 Alderman Charewicz presented the Warrant Register for consideration. Moved by Sayad, seconded by Rodd, to recommend to the City Council approval of the April 16, 2018 — Warrant Register in the Amount of $3,074,534.42 and further recommend that Resolution R-84-18 be adopted at appropriate time this evening. Upon voice vote, motion declared carried. COMMUNITY DEVELOPMENT — Alderman Sayad, Chair Director of Community and Economic Development McMahon reviewed a memorandum dated March 29, 2018. Salvatore Demma Jr., on behalf of Giuseppe's Incorporated, has filed a business assistance application requesting $15,000 under the interior build -out grant in order to construct a new take-out and delivery restaurant. The applicant was part of the former Giuseppe's La Cantina Italian Restaurant which was located at 1062 Lee Street. The new restaurant will be located at 554 E Algonquin Road, but it will be only offer take-out and delivery. The applicant will improve a vacant 3,000 space with a new commercial -grade kitchen, a pizza oven, a carry- out counter, a walk-in cooler and other restaurant related fixtures. The estimated total cost is $76,200. As such the applicant has requested the full $15,000 value to assist with the conversion of this vacant retail space to a new take-out restaurant. The applicant plans to open the new restaurant either in June or July of 2018. Staff recommended that the City Council adopt Resolution R-85-18 to approve the Business Assistance Program application. (Cont.) CLASS 6B RENEWAL FOR NIPPON EXPRESS/ 401 E TOUHY: Page 7 of 10 04/16/18 Moved by Rodd, seconded by Robinson to Approve the Business Assistance Program, Interior Build -Out Program, for Giuseppe's, Inc., 554 E. Algonquin Road, in the Amount of $15,000; and further recommend that Resolution R-85-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. Director of Community and Economic Development McMahon reviewed a memorandum dated March 28, 2018. The current property owner and occupant of 401 E Touhy Avenue, Nippon Express USA, Inc., has filed a Class 6b Property Tax Incentive Application requesting a 10 -year extension of the current Class 6b. The subject property consists of a 10 -year old, 155,200 square foot building which has been home to Nippon Express USA Inc. (Nippon) since 2008. This facility was constructed for Nippon which serves as a large warehouse and distribution center and received a Class 6b in 2007. Currently, there are 148 full-time employees that work out of this facility which is 18 jobs more than what was anticipated in the original 2007 Class 6b application. Additionally, Nippon Express built a sister facility next door, 515 E Touhy Avenue, which employs another 73 workers. In total, Nippon has invested over $44 million into the Des Plaines community with the two buildings and property alone. The property at 401 E Touhy is coming up on the end of the current Class 6b incentive and the company is proposing to stay at this facility with an extension of the Class 6b. If they are not approved for the extension, then Nippon is proposing to locate to another municipality. If awarded the 61) extension, the company will invest another $500,000 to $1 million for cold storage facilities within the current building to increase their service offerings. Assessment of Tax Impact Scenarios: 1. Property Taxes in 2017 with Class 6b and no improvements: $267,388 2. Estimated 2017 Property Taxes with a Class 6b and $750,000 of improvements: $288,230 3. Estimated 2017 Property Taxes 100% vacant and without a Class 6b: $233,036 Cook County Class 6b Property Tax Incentives are eligible for an additional 10 - year extension which would allow the property to witness reduced taxes for a total of 22 years. Staff recommended that the City Council approve Resolution R-86-18 supporting and consenting to a Class 6b renewal for 401 E Touhy Avenue. Moved by Brookman, seconded by Chester to Support a Class 6b Renewal for Nippon Express USA, Inc., 401 E. Touhy Avenue; and further recommend that Resolution R-86-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. CLASS 6B CLASSIFICATION FOR 55 BRADROCK DRIVE: NEW BUSINESS: WARRANT REGISTER: Resolution R-84-18 Page 8 of 10 04/16/18 Director of Community and Economic Development McMahon reviewed a memorandum dated March 27, 2018. The new building owner of 55 Bradrock Drive, 55 Bradrock Drive Inc., has filed an application requesting a City resolution in support of its Class 6B Tax Incentive application based on occupation of an abandoned property for less than twenty-four (24) months of continuous vacancy, with a purchase for value, and with substantial rehabilitation. The vacant 22,200 square foot facility sits on a 45,000 square foot property and is currently zoned M-2, General Manufacturing. The subject property has been vacant since September 2016. The new building owner plans to move his existing Des Plaines -based business from 1247 Rand Road to this property. He also plans on spending $350,000 to bring the property up to modern standards. The company proposing to occupy this space is UTAS USA, a firearm assembly and import firm. If the applicant obtains a 6b incentive, then the building will be substantially rehabilitated, it will be occupied by a growing Des Plaines -based business and will employ a total of 15 workers. Cook County's Class 6b economic development tool encourages industrial investment by offering a real estate tax incentive. A Class 6b incentive requires a resolution of consent from municipalities. The applicant is applying under Substantial Rehabilitation and Abandoned Property for less than 24 (twenty-four) months of vacancy with a purchase for value. Assessment of Tax Impact Scenarios: 1. Estimate Property Taxes as -is with vacancy relief: $21,587 2. Estimated Property Taxes with proposed improvements without a 6b: $72,944 3. Estimated Property Taxes with proposed improvements with a 6b: $29,924 Staff recommended that the City Council adopt Resolution R-87-18 to support and consent to the filing of Rawls Road Properties, LLC Class 6b application to the Cook County Assessor's Office. Moved by Brookman, seconded by Chester to Support a Class 6b Classification for 55 Bradrock Drive; and further recommend that Resolution R-87-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION Moved by Charewicz, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Resolution R-84-18, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYORAND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO Page 9 of 10 04/16/18 (Cont.) MAKE PAYMENT FOR SAME. Total: $3,074,534.42. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. BUSINESS Moved by Sayad, seconded by Rodd, to concur with recommendation of ASSISTANCE Committee of the Whole to adopt Resolution R-85-18, A RESOLUTION APPROVAL/ APPROVING A BUSINESS ASSISTANCE PROGRAM GRANT FOR GIUSEPPE'S/ INTERIOR BUILD -OUT AT 554 E. ALGONQUIN ROAD. Upon roll call, the 554 E vote was: ALGONQUIN: AYES: 7-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Charewicz Resolution NAYS: 0 -None R-85-18 ABSENT: 1 -Smith Motion declared carried. RENEWAL OF Moved by Sayad, seconded by Brookman, to concur with recommendation of CLASS 6B/ Committee of the Whole to adopt Resolution R-86-18, A RESOLUTION 401 E TOUHY SUPPORTING AND CONSENTING TO RENEWAL OF CLASS 6B AVENUE: CLASSIFICATION FOR THE PROPERTY LOCATED AT 401 E. TOUHY AVENUE. Upon voice vote, the vote was: Resolution AYES: 7-Lysakowski, Robinson, Rodd, Sayad, R-86-18 Brookman, Chester, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. APPROVAL OF Moved by Sayad, seconded by Brookman, to concur with recommendation of CLASS 6B/ Committee of the Whole to adopt Resolution R-87-18, A RESOLUTION 55 BRADROCK SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6B DRIVE: CLASSIFICATION FOR THE PROPERTY LOCATED AT 55 BRADROCK DRIVE. Upon voice vote, the vote was: Resolution AYES: 7-Lysakowski, Robinson, Rodd, Sayad, R-87-18 Brookman, Chester, Charewicz NAYS: 0 -None ABSENT: 1 -Smith Motion declared carried. ADJOURNMENT: Moved by Sayad, seconded by Chester, to adjourn the meeting. Motion declared carried. The meeting adjourned at 8:07 p.m. APPROVED BY ME THIS '7 7 DAY OF eRTI Matthew J. Bo . sz, A''R 2018 Page 10 of 10 04/16/18 f; L. T:alapatni CLEK