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04/01/2019MINUTES 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 1, 2019 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 6:02 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, April 1, 2019. ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. 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 Personnel. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared unanimously carried. PRAYER AND PLEDGE: The City Council recessed at 6:02 p.m. The City Council re -convened at 7:00 pm. Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz. A quorum was present. The prayer was offered by Mayor Bogusz, followed by the Pledge of Allegiance to the Flag of the United States of America. SWEARING-IN: Fire Chief Wax announced the promotion of two Fire Department personnel. Mayor Bogusz administered the Official Oath to Lieutenant Terry Dillon and Firefighter/Engineer Daniel Hauser. RECOGNITION: Mayor Bogusz presented Donna Adam of the Clean Up — Give Back Organization recognition for clean-up efforts at Dempster Street and Elmhurst Road. CITIZEN Resident Garland Armstrong announced that there is a Pace meeting on PARTICIPATION: April 10, 2019 in Arlington Heights. Pace Route 209 is expected to be cut in June. Resident Tommy Wiseau disagreed with the proposed backing of Carbon Fee and Dividend to fight climate change. Mr. Wiseau offered a suggestion of a Green Nuclear Deal as an alternative. CLERK ANNOUNCEMENTS: CONSENT AGENDA: APPROVE RELEASING MINUTES OF CLOSED MEETINGS: Consent Agenda Resolution R-65-19 APPROVE TO2/AYRES ASSOC./AERIAL PHOTOGRAPHY: Consent Agenda Resolution R-66-19 APPROVE IDOT AGMT/ENG SVCS/ GEWALT HAMILTON: Consent Agenda Page 2 of 8 04/01/19 Pursuant to City Code, City Clerk Tsalapatanis opened the sole bid received on March 26, 2019 for the Purchase of Fire Hydrants, Valves and Accessories. The bid was submitted by Core & Main, Carol Stream, IL in the amount of $3,314 per hydrant. This bid was referred to Staff for review. City Clerk Tsalapatanis announced the polling hours are 6:00 am -7:00 pm for the April 2, 2019 Consolidated Election. Residents of Ward 2, 4, 6 and 8 have the opportunity to vote for an alderman and a city-wide election for Park Board Commissioners and School Board Trustees. Moved by Sayad, seconded by Rodd, to establish the Consent Agenda. Motion declared carried. Moved by Sayad, seconded by Rodd, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Minutes were approved; Requests were approved; Ordinance M-7-19 was approved; Ordinance M-7-19 was adopted; Resolution R-65-19, R-66-19, R-67-19, R-68-19, R-69-19, R-70-19 were adopted. Moved by Sayad, seconded by Rodd, to Approve Resolution R-65-19, A RESOLUTION RELEASING CERTAIN MINUTES OF CERTAIN CLOSED MEETINGS OF THE CITY COUNCIL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Rodd, to Approve Resolution R-66-19, A RESOLUTION APPROVING TASK ORDER NO. 2 WITH AYRES ASSOCIATES, INC FOR AERIAL PHOTOGRAPHY AND PLAN METRIC MAPPING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. This item was removed by Alderman Brookman. Director of Public Works and Engineering Oakley provided an update on the project. Resolution R-67-19 APPROVE WAIVING BID REQUIREMENT/ PURCHASE HVAC UNITS/OAKBOOK MECHANICAL: Consent Agenda Resolution R-68-19 APPROVE WAIVING BID REQUIREMENT/ APPROVE HVAC INSTALLATION/ OAKBOOK MECHANICAL: Consent Agenda Resolution R-69-19 APPROVE PROPOSAL/ CHRISTOPHER B BURKE/ ENG SVCS: Consent Agenda Ordinance R-70-19 APPROVE CITY CODE TO REFLECT NUMBER OF Page 3 of 8 04/01/19 Moved by Brookman, seconded by Rodd, to Approve Resolution R-67-19, A RESOLUTION APPROVING THE EXECUTION OF A LOCAL AGENCY AGREEMENT WITH IDOT AND AN ENGINEERING SERVICES AGREEMENT WITH GEWALT HAMILTON ASSOCIATES INC IN CONNECTION WITH THE CONSTRUCTION OF THE LEE -FOREST SIGNALIZATION PROJECT. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Sayad, seconded by Rodd, to Approve Resolution R-68-19, A RESOLUTION APPROVING THE PURCHASE OF TWO 25 -TON ROOF TOP HVAC UNITS FROM OAK BROOK MECHANICAL SERVICES, INC FOR THE DES PLAINES THEATRE HVAC IMPROVEMENTS. Motion declared carried as approved unanimous sly under Consent Agenda. Moved by Sayad, seconded by Rodd, to Approve Resolution R-69-19, A RESOLUTION APPROVING AN AGREEMENT WITH OAK BROOK MECHANICAL SERVICES INC FOR HVAC IMPROVEMENTS AT THE DES PLAINES THEATRE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Rodd, to Approve Resolution R-70-19, A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO TASK ORDER NO. 13 UNDER A MASTER CONTRACT WITH CHRISTOPHER B BURKE ENGINEERING LTD FOR ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Rodd, to Approve Ordinance M-9-19, AN ORDINANCE AMENDING CHAPTER 18 OF TITLE 4 OF THE CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. (Cont.) ACTIVE LIQUOR LICENSES: Consent Agenda Ordinance M-9-19 SECOND READING/ ORD. M-7-19/ AMEND CITY CODE REGARDING NOISE: Consent Agenda AUTHORIZE CITY CLERK TO ADVERTISE FOR BID/HOLIDAY DECORATION CONTRACT: Consent Agenda APPROVE MINUTES: Consent Agenda APPROVE MINUTES: Consent Agenda WARRANT REGISTER: Page 4 of 8 04/01/19 Moved by Sayad, seconded by Rodd, to Approve Second Reading Ordinance M-7-19, AN ORDINANCE AMENDING SECTION 6-2-7 OF THE CITY CODE OF THE CITY OF DES PLAINES REGARDING NOISE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Rodd, to Authorize the City Clerk to Advertise for Bid the 2019-2021 Holiday Decoration Contract. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Rodd, to approve the Minutes of the City Council of March 18, 2019, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Rodd, to approve the Closed Session Minutes of the City Council of March 18, 2019, 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 Rodd, seconded by Brookman, to recommend to the City Council approval of the April 1, 2019 — Warrant Register in the Amount of $2,467,219.25 and further recommend that Resolution R-71-19 be adopted at appropriate time this evening. *Alderman Sayad recommended approval of the items on the Warrant Register excluding all Holland & Knight invoices because he feels that the city can save money. Upon voice vote, motion declared carried CONSIDERATION OF COOK COUNTY 6B TAX INCENTIVE/ 2100 S WOLF ROAD: CONSIDER PUD AND CU/ ALTERNATIVE SIGN REGULATION/ ORCHARDS AT O'HARE: Page 5 of 8 04/01/19 COMMUNITY DEVELOPMENT — Alderman Sayad, Chair Director of Community and Economic Development Mike McMahon reviewed a memorandum dated March 11, 2019. The prospective buyer of 2100 S Wolf Road, Seefried Industrial Properties, Inc., has filed an application requesting a City resolution in support of its Cook County Class 6b Tax Incentive Application based on new construction. The 3.89 acre property is zoned M-2 General Manufacturing. The company currently operating out of the subject building, Radco Tools, is proposing to sell the property. If approved for the Cook County Class 6b, the applicant proposes to raze the current building and construct a new Class A precast concrete industrial building with a general construction value of $4,400,000. Cook County's Class 6b economic development tool encourages industrial investment by offering a real estate tax incentive. The applicant is applying under New Construction. Assessment of Tax Impact Scenarios: 1. Estimate Property Taxes as -is with vacancy relief in 2020 $ 77,017 2. Estimated Property Taxes with proposed improvements without a 6b in 2020: $220,336 3. Estimated Property Taxes with proposed improvements with a 6b in 2020: $ 88,134 A Class 6b incentive requires a resolution of consent from municipalities. Staff recommended approval Resolution R-72-19. Moved by Brookman, seconded by Chester to Approve a Resolution to Support and Consent to Approval of a Class 6b Classification for the Property located at 2100 S Wolf Road; and further recommend that R-72-19 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. The petitioner, Brian Liston from Liston & Tsantilis, P.C., is requesting a Preliminary Planned Unit Development (PUD) with exceptions, a Tentative Plat of Subdivision, a Map Amendment to rezone the properties from C-2 Limited Office to C-3 General Commercial, and a Conditional Use for a Localized Alternative Sign Regulation to allow for the construction of a new freestanding restaurant building, the construction of a new parking lot, incorporating various wall and ground signs and other various property improvements on the subject property. The property owner proposes to construct an approximate 6,000 square foot Class A sit-down restaurant; a brand-new business incubator space within the existing office building to assist emerging businesses find office space within the O'Hare office sub -market; construction of a new 88 space off-street parking lot on the vacant parcel; significant infrastructure upgrades to all properties including the Page 6 of 8 04/01/19 addition of stormwater detention facilities to accommodate run-off; and construction of a new bridge over Willow Creek to connect the office building property to the new off-street parking lot. Additionally, the building was constructed in 1986. At that time, the C-2 Limited Office Commercial District did not exist. Once this zoning district was introduced, it made some components of the existing property non -conforming. The petitioner is proposing to rezone the subject properties from C-2 Limited Office Commercial District to C-3 General Commercial District. The petitioner has submitted a tentative plat of subdivision in order to re - subdivide the existing lots into five new lots to reflect the redevelopment of this property. The last component of this application is to create a unified sign plan for the seven -acre+ development. There are existing signs located on the property and new proposed signs to accommodate the office building address, tenants and the new free-standing restaurant. Given the size of the development, the unique position of the property, setback of the office building from the road, the lay out of the office building and the proposed restaurant in relationship to I-90 and Higgins Road, staff finds the necessity for all requests in order to identify several businesses/users coming from multiple directions. The Planning and Zoning Board recommended (6-0) that the City Council approval of the request with the following conditions. 1) A Landscape Plan shall be submitted with the Final PUD and Final Plat of Subdivision Application. 2) That the exterior color and building materials for the future restaurant building complement the existing office building and comply with the Building Design Standards in the Zoning Ordinance. 3) Floor plans, colored elevations and a rendering of the proposed restaurant building shall be submitted with the Final PUD and Final Plat of Subdivision Application. 4) Cross access easements shall be placed throughout all parcels for pedestrians and motors to access all new lots. 5) A parking access easement shall be placed onto all lots to allow all uses to be able to park on any of the lots within the development. 6) Air right/billboard overhang easements shall be provided for the two existing billboards on the Final Plat of Subdivision. Moved by Chester, seconded by Lysakowski to Approve a Planned Unite Development and Conditional Use Amendments for a Localized Alternative Sign Regulation for the Construction of a Commercial Retail Building on Lot 1 of the Orchards at O'Hare Development, 1620-1630 Higgins Road; and further recommend that Z-5-19 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. NEW BUSINESS: WARRANT REGISTER: Resolution R-71-19 CONSIDER SUPPORT FOR CLASS 6B/ 2100 S WOLF ROAD: Resolution R-72-19 CONSIDERATION PUD AND CU/ ALTERNATIVE SIGN REGULATION/ ORCHARDS AT O'HARE: Ordinance Z-5-19 Page 7 of 8 04/01/19 Mayor Bogusz announced that, without objection, Second Reading — Ordinance Z-39-18 under Unfinished Business will be postponed until the April 15, 2019 City Council meeting. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION Moved by Charewicz, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-71-19, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,467,219.25. *Alderman Sayad recommended approval of the items on the Warrant Register excluding all Holland & Knight invoices because he feels that the city can save money. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, *Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-72-19, A RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 2100 S WOLF ROAD. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -Brookman Motion declared carried. Moved by Sayad, seconded by Chester, to concur with recommendation of Committee of the Whole to adopt Ordinance Z-5-19, AN ORDINANCE APPROVING AMENDMENTS TO A FINAL PLAT OF PLANNED UNIT DEVELOPMENT AND A CONDITIONAL USE PERMIT FOR A LOCALIZED ALTERNATIVE SIGN REGULATION FOR THE PROPERTY LOCATED AT 1620-1630 HIGGINS ROAD, DES PLAINES, ILLINOIS (CASE #19 -010 -PUD -CU). Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. CITY MANAGER'S EMPLOYMENT AGREEMENT: Resolution R-73-19 ADJOURNMENT: Page 8 of 8 04/01/19 Moved by Sayad, seconded by Robinson to advance to Second Reading an adopt Ordinance Z-5-19, AN ORDINANCE APPROVING AMENDMENTS TO A FINAL PLAT OF PLANNED UNIT DEVELOPMENT AND A CONDITIONAL USE PERMIT FOR A LOCALIZED ALTERNATIVE SIGN REGULATION FOR THE PROPERTY LOCATED AT 1620-1630 HIGGINS ROAD, DES PLAINES, ILLINOIS (CASE #19 -010 -PUD -CU). Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Alderman Brookman presented Michael G. Bartholomew's Employment Agreement. Mr. Bartholomew's new annual base pay totals $221,993 with an additional $10,000 bonus. Moved by Brookman, seconded by Rodd, to concur with recommendation of the Closed Session to adopt Resolution R-73-19, A RESOLUTION APPROVING A FOURTH AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND MICHAEL G BARTHOLOMEW. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Brookman, Chester, Smith, Charewicz NAYS : 1-S ayad ABSENT: 0 -None Motion declared carried. Moved by Chester, seconded by Sayad, to adjourn the meeting. Motion declared carried. The meeting adjourned at 8:00 p.m. APPROVED BY ME THIS /5 DAY OF 4 Matthe , 2019 z, MAYOR Jenni Tsa . patanis — CITY CLERK