05/20/2019MINUTES 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,
MAY 20, 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, May 20, 2019.
ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd,
Zadrozny, Brookman, Chester, Smith and Goczkowski.
CLOSED SESSION:
Moved by Rodd, seconded by Brookman to enter into Closed Session to discuss
Personnel, Collective Bargaining, Litigation, Probable or Imminent Litigation,
Sale, Purchase, & Lease of Property. Upon roll call, the vote was:
AYES: 8-Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 0 -None
Motion declared unanimously carried.
The City Council recessed at 6:03 p.m.
The City Council re -convened at 7:15 p.m.
Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd,
Zadrozny, Brookman, Chester, Smith, Goczkowski. 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.
PRAYER AND
PLEDGE:
The prayer was offered by a member of the Bahai Community, followed by the
Pledge of Allegiance to the Flag of the United States of America.
PRESENTATION: Members of Rand Park Dog Training Club conveyed the objectives of Club and
presented Police Chief Kushner and Fire Chief Wax with a donation.
SWEARING-IN Mayor Bogusz administered the Oath of Office to Battalion Chief William Rice
CEREMONY: and Fire Lieutenant Michael Kiszkowski and congratulated them on their
promotions.
CITIZEN Resident Garland Armstrong announced that as of June 8, 2019 Saturday service
PARTICIPATION: is discontinued on PACE Route 209.
CONSENT
AGENDA:
APPROVE CLASS
A LIQUOR
LICENSE/
TAQUERIA
MEXICO/
965 ELMHURST
ROAD:
Consent Agenda
Ordinance
M-14-19
APPROVE
TASK
ORDER/SPACECO/
2019 CIP
CONTRACT C:
Consent Agenda
Resolution
R-96-19
APPROVE
AMENDMENT/
SPEEDLINK
AGMT/:
Consent Agenda
Resolution
R-101-19
Page 2 of 15 05/20/19
Moved by Brookman, seconded by Chester, to establish the Consent Agenda.
Motion declared unanimously carried.
Moved by Chester, seconded by Rodd, to approve the Consent Agenda. Upon
roll call, the vote was:
AYES: 8-Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Minutes were approved; Ordinance M-14-19 was approved; Ordinance M-13-19,
Z-7-19 were adopted; Resolution R-96-19, R-98-19, R-99-19, R-100-19,
R-101-19, R-102-19, R-105-19, R-106-19 were adopted.
Moved by Chester, seconded by Rodd, to Approve Ordinance M-14-19, AN
ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS A
LIQUOR LICENSE AND REMOVE ONE CLASS F LIQUOR LICENSE.
Motion declared carried as approved unanimously under Consent Agenda.
Moved by Chester, seconded by Rodd to Approve Resolution R-96-19, A
RESOLUTION APPROVING TASK ORDER NO. 9 WITH SPACECO, INC
FOR CONSTRUCTION ENGINEERING SERVICES. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Chester, seconded by Rodd, to Approve Resolution R-101-19, A
RESOLUTION APPROVING A THIRD 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.
AWARD BID/ Moved by Chester, seconded by Rodd, to Approve Resolution R-98-19, A
LANE MARKING/ RESOLUTION AUTHORIZING THE PROCUREMENT OF STREET LANE
(Cont.)
SUPERIOR ROAD
STRIPING:
Consent Agenda
Resolution
R-98-19
AWARD
BID/MARTAM
CONSTRUCTION
/2019 CIP
CONCRETE:
Consent Agenda
Resolution
R-99-19
AWARD 2019 CIP
CONTRACT A /
STREET &
UTILITY/
JOHN NERI
CONSTRUCTION:
Consent Agenda
Ordinance
R-100-19
APPROVE
2019-2020
MEMBERSHIP
RENEWAL NWMC:
Consent Agenda
Resolution
R-102-19
APPROVE
MINUTES:
Consent Agenda
SECOND
READING/
ORD. M-13-19/
LIQUOR LICENSE
ALLEGRETTI' S
PIZZA/
933 OAKTON:
Page 3 of 15 05/20/19
MARKING WORK FROM SUPERIOR ROAD STRIPING, INC. Motion
declared carried as approved unanimously under Consent Agenda.
Moved by Chester, seconded by Rodd, to Approve Resolution R-99-19, A
RESOLUTION APPROVING AN AGREEMENT WITH MARTAM
CONSTRUCTION INC FOR THE 2019 CIP CONCRETE IMPROVEMENTS,
MFT -19 -00000 -01 -GM. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Chester, seconded by Rodd, to Approve Resolution R-100-19, A
RESOLUTION REJECTING A LOW BID AND APPROVING AN
AGREEMENT WITH JOHN NERI CONSTRUCTION CO. 'FOR THE 2019
CAPITAL IMPROVEMENT STREET AND UTILITY IMPROVEMENTS
PROJECT, CONTRACT A. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Chester, seconded by Rodd, to Approve Resolution R-102-19, 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 Chester, seconded by Rodd, to approve the Minutes of the City Council
of May 20, 2019, as published. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Chester, seconded by Brookman, to Approve Second Reading
Ordinance M-13-19, AN ORDINANCE AMENDING THE CITY CODE TO
ADD ONE CLASS E LIQUOR LICENSE. Motion declared carried as approved
unanimously under Consent Agenda.
SECOND
READING/
ORD. Z-7-19/
CU ASSEMBLY
USE/
2064 S RIVER
ROAD:
APPROVE
PURCHASE
UTILITY STEP
VAN/NORTHWEST
TRUCKS:
Consent Agenda
Resolution
R-105-19
APPROVE POLICE
DEPT. ELEVATOR
MODERNIZATION
ANDERSON
ELEVATOR:
Consent Agenda
Resolution
R-106-19
2019-2021
COMMITTEE
ASSIGNMENTS:
Page 4 of 15 05/20/19
Moved by Chester, seconded by Rodd, to Approve Second Reading Ordinance
Z-7-19, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO
OPERATE A COMMERCIALLY ZONED ASSEMBLY USE IN THE C-3
ZONING DISTRICT AT 2064 S RIVER ROAD, DES PLAINES, ILLINOIS
(CASE #19 -007 -CU). Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Chester, seconded by Rodd, to Approve Resolution R-105-19, A
RESOLUTION AUTHORIZING THE PURCHASE OF A UTILITY STEP
VAN TRUCK FROM NORTHWEST TRUCKS, INC. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Chester, seconded by Rodd, to Approve Resolution R-106-19, A
RESOLUTION APPROVING AN AGREEMENT WITH ANDERSON
ELEVATOR COMPANY FOR THE MODERNIZATION OF THE POLICE
DEPARTMENT ELEVATOR. Motion declared carried as approved
unanimously under Consent Agenda.
REPORT OUT BY COMMITTEE ON COMMITTEES
Alderman Smith and Alderman Brookman, as Chair and Co -Chair, presented
recommendations of Appointments and Designation of Chairs.
2019-2021 COMMITTEE ASSIGNMENTS
BUILDING CODE
Zadrozny, Chairman
Chester, Vice -Chair
Lysakowski, Member
COMMUNITY SERVICES
Goczkowski, Chairman
Lysakowski, Vice -Chair
Rodd, Member
COMMUNITY DEVELOPMENT
Rodd, Chair
Goczkowski, Vice -Chair
Brookman, Member
ENGINEERING
Smith, Chairman
Zadrozny, Vice -Chair
Goczkowski, Member
(Cont.)
DESIGNING
CHAIRS, VICE -
CHAIRS AND
MEMBERS OF
COMMITTEES:
Consent Agenda
Resolution
R-108-19
WARRANT
REGISTER:
CONSIDERATION
OF REVOCATION
AND
CANCELLATION
OF COOK
COUNTY 6B/
521 SANTA ROSA
DRIVE:
Page 5 of 15
FINANCE & ADMINISTRATION
Chester, Chairman
Moylan, Vice -Chair
Smith, Member
PUBLIC SAFETY
Lysakowski, Chairman
Brookman, Vice -Chair
Moylan, Member
05/20/19
LEGAL & LICENSING
Brookman, Chairman
Smith, Vice -Chair
Zadrozny, Vice -Chair
PUBLIC WORKS
Moylan, Chairman
Rodd, Vice -Chair
Chester, Member
Moved by Smith, seconded by Moylan, to recommend approval of 2019-2021
Committee Assignments; and further recommend to adopt Resolution R-108-19,
A RESOLUTION DESIGNATING THE CHAIRS, VICE -CHAIRS AND
MEMBERS OF THE STANDING COMMITTEES OF THE DES PLAINES
CITY COUNCIL. Upon roll call, the vote was:
AYES: 8-Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 0 -None
ABSTAIN: 0 -None
Motion declared carried.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINNANCE & ADMINISTRATION — Alderman Chester, Chair
Alderman Chester presented the Warrant Register for consideration.
Moved by Chester, seconded by Brookman, to recommend to the City Council
approval of the May 20, 2019 — Warrant Register in the Amount of $3,393,159.63
and further recommend that Resolution R-103-19 be adopted at appropriate time
this evening. Upon voice vote, motion declared carried
COMMUNITY DEVELOPMENT — Alderman Rodd, Chair
Without Objection, Item 2a, Consideration of Major Variance for a Proposed
Billboard at 2811 Mannheim Road, Ordinance Z-6-19 is moved to Unfinished
Business.
Director of Community and Economic Development Mike McMahon reviewed
a memorandum dated March 25, 2019.
The property at 521 Santa Rosa Drive received a Cook County 6b Resolution
from the City of Des Plaines in 2015. The proposed applicant was the purchase
contractor at the time and he stated that he would invest $700,000 to improve an
obsolete building as part of receiving the 6b. More specifically, the applicant
stated that he would invest over $500,000 in the first three years and this
investment has not been met.
(Cont.)
CONSIDERATION
FOR MAP AMEND,
MAJOR
VARIANCE & CU/
Page 6 of 15 05/20/19
The City of Des Plaines Community and Economic Development Department is
requesting the City Council to approve a resolution that will start the revocation
process of the Cook County Class 6b Property Tax Abatement for the property at
521 Santa Rosa Drive. The current building owner, Aero M&P Properties, LLC,
has conducted work to the inside and out of the subject building without a permit,
razed part of the building without a permit, and illegally moved in businesses
without proper licensing and parking accommodations.
CED staff has attempted to work with the building owner for over 15 months to
bring the property into compliance as there are several violations and activities
that have taken place.
According to the 2015 Application the application is supposed to be paying
$126,499 a year in taxes, but the property owner has never paid this amount of
taxes; the property owner has paid approximately $168,515.62 less than what the
proposed taxes were in the 2015 6b Application which was sent to City Council
for the past three years. The assessed value of the property has also been lowered
because the property owner took down part of the building, without proper
permits, which lowers the value of the property. Building permits, with their
associated construction values are sent to the Township Assessor's Office to
determine the equalized assessed values. Hence, without submitting for permit,
the actual value of the building is never reported to the appropriate entities which
keeps the taxes superficially low.
The property owner did submit revisions for the interior improvements and a
separate retroactive permit for the exterior improvements on March 22, 2019.
However, the property owner consistently missed deadlines as well as deadline
extensions to apply for the required permits. He is also in court with Code
Enforcement on conducting work to the property without proper permits.
Staff recommended that the City Council adopt Resolution R-80-19. This
resolution will be sent to the Cook County Assessor's Office for review and
potential action.
Mr. Peter Schultz, representative for the property owner answered questions.
Mayor Bogusz will forward a letter to Cook County on behalf of the City Council
regarding revocation of Class 6b abatements.
Moved by Brookman, seconded by Chester to Revoke and Cancel the Cook
County Class 6b Property Tax Abatement at 521 Santa Rosa Drive; and further
approve Resolution R-80-19 be adopted at the appropriate time this evening.
Upon voice vote, motion declared carried.
Director of Community and Economic Development Mike McMahon reviewed a
memorandum dated April 10, 2019.
The petitioner, Mr. Tom Leontios, is requesting a Map Amendment to rezone the
property at 915 Lee Street from C-3 to R-4, two Major Variations, and a
(Cont.)
CONGREGATE
HOUSING/
915 LEE STREET:
Page 7 of 15 05/20/19
Conditional Use to operate a Congregate Housing Use. This property contains a
two-story, 23,800 square foot building with a surface parking lot containing 82
off-street parking spaces. The petitioner proposes to transform the vacant
building into a "hotel -style" retirement community as the end use is a senior
independent living facility.
The request includes retaining and renovating the existing two-story building and
constructing a six -story addition off of the northeast corner of the existing
building. The existing building will contain offices, a dining lounge, various
recreation space, and communal amenities for residents while the new addition
will consist of 100 independent retirement units including 52 one -bedroom units
and 48 studio/efficiency units.
Additionally, the parking provided on-site meets the amount of parking required
by the Zoning Ordinance and on-site management will be provided on this site
which will continuously monitor parking usage and assignment.
The applicant is requesting two variances given the existing conditions of the
property and dimension conflicts between the geometric parking area and the
required curb and gutter setback. One is relief from Section 12-7-2(J) requiring a
12 -foot front yard setback and the second is relief from 12-9-6(D) requiring all
curb and gutter sections to be setback at least 3.5 -feet from the property line.
The Planning and Zoning Board recommended (2-2-1 Abstain) that the City
Council deny the requests.
Staff recommended approval of Ordinance Z-11-19 subject to the following
conditions:
1. The inner lanes of Ashland Avenue, Lee Street, and Thacker Street shall be
milled and resurfaced for the length of each property line abutting the respective
roadways to City specifications.
2. A Photometric Plan shall be provided at time of building permit to comply
with Zoning Ordinance Code Section 12-12-10.
3. A Landscape Plan shall be provided at time of building permit and evergreen
shrubs shall be added along the entire length of the parking lot that faces Ashland
Avenue.
4. The parking lot shall be improved with curb and gutter as well as catch basins.
5. No more than 50% of the off-street parking spaces shall be reserved for
residents.
Mr. Tom Leontios answered questions from the Aldermen.
Moved by Moylan, seconded by Goczkowski Approve a Zoning Map
Amendment, Major Variation, and a Conditional Use Permit for a Congregate
Housing Center at 915 Lee Street, Des Plaines, Illinois; and further approve
Ordinance Z-11-19 be adopted at the appropriate time this evening. Upon voice
vote, motion declared carried.
CONSIDERATION
OF SUPPORT FOR
CLASS 6B/
CORE SHERWIN/
1600-1710
SHERWIN
AVENUE:
CONSIDERATON
OF CU AND
MAJOR
VARIATION/
820-848 LEE
STREET:
Page 8 of 15 05/20/19
Director of Community and Economic Development Mike McMahon reviewed a
memorandum dated April 26, 2019.
Core Sherwin, LLC has filed an application requesting a City resolution in
support of its Cook County Class 6b Tax Incentive Application based on new
construction. The combined 7.786 acre property which is located on the north
side of Sherwin Avenue currently contains two buildings on three PINs. The
property at 1600 Sherwin Avenue is currently owned by the applicant, Core
Sherwin LLC. The applicant has the properties at 1700-1710 Sherwin Avenue
under contract for purchase. All three parcels are zoned M-2 General
Manufacturing District. The company that was located out of 1600 Sherwin
Avenue, Shawk USA, has successfully relocated to a building in Des Plaines at
1695 S. River Road. Staff is still working with Jacobs Telecommunications to
relocate within Des Plaines.
If the applicant obtains the Cook County Class 6b, the applicant proposes to raze
the current buildings and construct a new Class A precast concrete industrial
building with a general construction value of $8,450,000
Assessment of Tax Impact Scenarios:
1. Estimate Property Taxes as -is with vacancy relief in 2020 $135,007
2. Estimated Property Taxes with proposed improvements without a 6b in 2020:
$477,395
3. Estimated Property Taxes with proposed improvements with a 6b in 2020:
$190,958
Staff recommended approval of Resolution R-104-19.
Moved by Chester, seconded by Zadrozny to support a Cook County Class 6b
Tax Incentive for Core Sherwin, LLC, 1600-1710 Sherwin Avenue; and further
approve Resolution R-104-19 at the appropriate time this evening. Upon voice
vote, motion declared carried.
Director of Community and Economic Development Mike McMahon reviewed a
memorandum dated April 3, 2019.
The petitioner, Mr. George Petrov, is representing the Little Bulgarian School and
is requesting three items: i) a Conditional Use Permit to operate a Commercially
Zoned Assembly Use — Meeting House -Cultural Center, ii) a Conditional Use for
a Private School, and iii) a Major Variation for the off street parking requirement.
The petitioner's organization is under contract to purchase several parcels and
buildings from the current owner, Immanuel Lutheran Church, which contains
three buildings including the former Immanuel Lutheran School at 832 Lee Street
and two single-family houses at 842 and 848 Lee Street. The former Immanuel
Lutheran School is the building that the Little Bulgarian School (LBS)
organization is proposing to occupy. The two single family houses will remain
as -is. If LBS becomes the owner of these two homes, they will be rented back to
Immanuel Lutheran Church. The remaining parcels under contract consists of a
(Cont.)
Page 9 of 15 05/20/19
small 13 space parking lot and a grassy field to the north of the vacant building
at 832 Lee Street. The entire purchase entails 1.42 acres of land.
The petitioner's organization is proposing to insert a variety of uses into the
former Immanuel Lutheran School building. The primary use will be a meeting
house -cultural center that will serve the members of the Little Bulgarian School
organization and then contain private school lessons to pupils in the 1st through
12th grade. The school use is only taking place on Saturdays and Sundays
Since the building at 832 Lee Street is being reactivated with a school and a
commercially zoned assembly use, the current parking standards for Zoning
Ordinance Code Section 12-9-7 applies. Additionally, since there are two uses
proposed for the building at 832 Lee Street, a variable parking requirement is
being applied with the categories.
The 73 required spaces could not be accommodated on the subject parcels. A
Major Variation for the required off street parking is required — the request is to
reduce the required parking from 73 to 63 spaces. The petitioners are proposing
to construct a brand new 63 off street parking lot by utilizing the grassy area as
well as resurfacing several other portions of the property to accommodate new
off street parking. The new parking lot will contain curb and gutter
improvements, bio-swales, extensive landscaping and parking lot lighting that
will comply with applicable codes. Moreover, the petitioner is proposing to
reduce the curb cut count onto Lee Street from two to one. A condition has been
added to this staff report to add enhancements to this curb cut to restrict vehicles
from entering Lee Street in the wrong direction.
An active off street parking lease agreement has been entered into between the
purchase contractors and the current owners to utilize 28 parking spaces
immediately south of 848 Lee Street at non -church related times which exceeds
the deficit of the requested ten spaces for the variance. Per the supplemental
parking agreement for the lot south of 848 Lee Street, the petitioner will be
allowed these parking spaces when they are not in use by Immanuel Lutheran
Church participants. A Traffic Study, conducted by KLOA, discusses the trip
generation, traffic flow and times of peak traffic for the proposed development.
The Planning and Zoning Board recommended (7-0) that the City Council
approve the request with ten conditions.
Staff recommended approval of Ordinance Z-12-19.
Moved by Moylan, seconded by Chester to Approve a Conditional Use for
Commercially Zoned Assembly Use, a Conditional Use for a Private School and
a Major Variation for Off -Street Parking at 820-848 Lee Street; and further
recommend approval of Ordinance Z-12-19 at the appropriate time this evening.
Upon voice vote, motion declared carried.
CONSIDERATION
OF REQUESTS
ASSOCIATED
WITH THE
PURPOSES OF
CREATING A
PROPOSED TIF
DISTRICT/
OAKTON
CORRIDOR:
Page 10 of 15 05/20/19
City Manager Bartholomew explained as required by state statute, Des Plaines
City Council has to consider a resolution for the following items to assist with the
creation of the Oakton Street Tax Increment Financing District: i) convene the
Joint Review Board, ii) conduct a public hearing at the August 5, 2019
Des Plaines City Council Meeting, and iii) create an interested parties registry
and adopt reasonable rules for the interested parties registry.
As part of Des Plaines' Strategic Plan for 2022, the City of Des Plaines has
initiated a review of the Oakton Street corridor by establishing a future Tax
Increment Financing District for this area. Kane McKenna and Associates, Inc.,
along with City staff, have been progressing on researching and establishing a
new 124 acre tax increment finance district generally located at the intersection
of Oakton and Lee Streets.
The proposed Oakton Street Tax Increment Financing District, will assist with
the redevelopment of vacant or under-utilized properties, allow the City to fund
necessary public improvements such as reconstructing roads and sidewalks, and
provide a financial mechanism to make specific projects financially feasible.
In 2018, the Oakton Street Tax Increment Finance District Eligibility Report
found that the study area met the state criteria for establishing a conservation area.
Kane McKenna representatives and City staff are near completion on the Oakton
Street Tax Increment Financing District Redevelopment Plan and are working on
the next steps for this potential TIF District. To facilitate the creation of the
Oakton TIF District, the Des Plaines City Council has to consider and approve a
resolution that requests the following items:
1. Request the Joint Review Board to convene a meeting to discuss the potential
Oakton TIF District with all taxing bodies;
2. Hold a public meeting at the August 5, 2019 City Council Meeting to take
public testimony on the Oakton Street Tax Increment Financing District
Redevelopment Plan, the Oakton Street Tax Increment Financing District
Eligibility Report and other related matters; and
3. To create an interested parties registry and adopt reasonable rules to implement
for the interested parties registry.
A public notice will be posted in a local newspaper within general circulation of
Des Plaines prior to the posted public hearing date.
Staff recommended approval of Resolution R-97-19.
Moved by Chester, seconded by Brookman to Approve Request to Convene the
Joint Review Board, Conduct a Public Hearing at the August 5, 2019 City Council
Meeting, and to Create an Interested Parties Registry for the Purposes of Creating
a Proposed Tax Increment Finance District Related to the Oakton Corridor; and
further recommend approval of Resolution R-97-19 at the appropriate time this
evening. Upon voice vote, motion declared carried.
LEGAL AND LICENSING — Alderman Brookman, Chair
CONSIDER LEASE
AGMT/ONESTI
ENTERTAINMENT
DES PLAINES
THEATRE
OPERATOR:
Page 11 of 15 05/20/19
City Manager Bartholomew provided a background on the Des Plaines Theatre.
The Des Plaines Theater fell into severe disrepair and was declared uninhabitable
by the City on February 20, 2014 after its owners failed to repair and remediate
numerous health safety code violations. While reviewing all of the options
available for the City, on August 8, 2017, the City entered into an agreement with
River Casino, via Resolution R-101-17, which was a memorandum of
understanding regarding the acquisition and renovation of the Des Plaines
Theater. The agreement between Rivers and the City pledged a contributions
from Rivers of 50% of the purchase price of the Theater up to $1 million.
Additionally, Rivers pledged to contribute 50% of the costs incurred for Theater
renovation up to $1 million.
After many attempts of working with the owner of the Theater to bring the
building into compliance, the City approved Ordinance M-45-17 authorizing the
acquisition through condemnation of fee simple title to the property located at
1476 Miner Street on December 18, 2017. Subsequently, on February 20, 2018
the City approved Resolution R-48-18 authorizing the execution of a real estate
purchase and sale agreement for the Des Plaines Theater 1470-1476 Miner in the
amount of $1,257,500. On June 18, 2018, the City acquired the Des Plaines
Theater after the 90 day due diligence period was completed.
Soon after the acquisition, the City began the process of renovation. In July of
2018 the City issued a request for qualifications (RFQ). The City's internal team
interviewed 3 firms to operate the Theater. After the initial interviews City
Council interviewed the top two firms. City Council then authorized the City
Manager to negotiate a lease agreement for Council consideration.
The lease is a 5 year term renewable at the sole discretion of the City. After the
Theater is operational the tenant will begin paying the City $10,000 per month
after the first 6 months. In year 2 rent will increase to $12,000 per month, in year
3 rent will increase to $14,000 per month, in year 4 rent will increase to $16,000
per month, and in year 5 rent will increase to $18,000 per month.
The City will build out a restaurant space on the second floor in a vanilla box
form. The tenant, at their own expense will build out the kitchen and restaurant
space. After completion the tenant will be responsible for all of the day to day
operational expenses.
Staff recommended approval Resolution R-107-19.
Moved by Lysakowski, seconded by Goczkowski to Approve a Lease Agreement
with Onesti Entertainment Corporation for the Operation of the Des Plaines
Theatre; and further recommend approval of Resolution R-107-19 at the
appropriate time this evening. Upon voice vote, the motion was declared carried.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
BACK IN REGULAR SESSION
UNFINISHED
BUSINESS:
SECOND READING
ORD. Z-39-18/
CONSIDER CODE
AMENDEMENT
REGARDING
BILLBOARDS:
Page 12 of 15 05/20/19
Alderman Rodd explained that this item is continued from the
December 17, 2018 City Council meeting.
The petitioner is requesting a Major Variance to reduce the required 300 foot
setback to 127 feet from a billboard sign to a residentially zoned property line
(ComEd property) in order to construct a new billboard at the southeast corner of
the subject property under Code Section 12-11-6.B. of the 1998 Des Plaines
Zoning Code, as amended.
The applicant, Mike Scheid of Image Media, is desirous to construct a second
billboard on the property located at 2811 S. Mannheim Road. According to Code
Section 12-11-6.B. of the Des Plaines Zoning Ordinance, all 12 billboard permits
have been issued. Mr. Scheid subsequently applied for a text amendment (Case
#18 -101 -TA) requesting to add a thirteenth allowable billboard permit within the
City of Des Plaines. The Planning and Zoning Board recommended approval of
the request and the case was then presented at the December 17, 2018 City
Council Meeting.
City Council approved the text amendment request on first reading; however,
City Council requested the applicant to apply for a Major Variation from the 300
foot distance separation of the proposed billboard to the nearby residential
property line (ComEd property) and bring the variance request for City Council
to consider the same agenda as the second ordinance reading for the text
amendment application.
Hence, the applicant is now applying for a Major Variation from Code Section
12-11-6.B. of the 1998 Des Plaines Zoning Code, as amended, as the proposed
billboard location will be within 300 feet of a residential lot line The closest
residential lot line is owned by ComEd. The closest lot line of a single family
house to the proposed billboard is 316 feet. The proposed billboard meets all
other zoning and location requirements.
Additionally, the proposed billboard cannot exceed 1,200 square feet in area for
each advertising face and cannot exceed 99 feet in height.
The Planning and Zoning Board recommended (5-0) that the City Council
approve the request.
Staff recommended approval of Ordinance Z-39-18 with two conditions
regarding Light Spillage and Landscape Screening.
Mr. Scheid and Attorney Dowd answered questions from the Elected Officials.
Alderman Chester expressed that out of the 40 residents he spoke with in Ward 6
none were in favor of an additional billboard.
(Cont.)
CONSIDERATION
OF MAJOR
VARIANCE FOR
PROPOSED
BILLBOARD/2811
MANNHEIM
ROAD:
Ordinance
Z-6-19
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-103-19
MAJOR
VARIANCE FOR
PROPOSED
BILLBOARD/2811
MANNHEIM
ROAD:
Ordinance
Z-6-19
Page 13 of 15 05/20/19
Alderman Brookman did not believe this Ordinance should be considered without
a development plan presented for the property.
Moved by Brookman to refer back to staff.
Substitute motion by Chester, seconded by Brookman to deny Second Reading —
Ordinance Z-39-18, AN ORDINANCE AMENDING THE TEXT OF SECTION
12-11-6 OF THE DES PLAINES ZONING ORDINANCE REGARDING
BILLBOARDS (CASE #18 -101 -TA). Upon roll call, the vote was:
AYES: 7-Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith, Goczkowski
NAYS: 1 -Rodd
ABSENT: 0 -None
Motion declared carried.
No Action Taken on Ordinance Z-6-19, AN ORDINANCE APPROVING A
MAJOR VARIATION FROM SECTION 12-11-6.B OF THE CITY OF
DES PLAINES ZONING ORDINANCE AT 2811 MANNHEIM ROAD,
DES PLAINES, ILLINOIS (CASE #19-011-V).
Moved by Chester, seconded by Brookman, to concur with recommendation of
Committee of the Whole to adopt Resolution R-103-19, 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: $3,393,159.63. Upon roll call, the vote was:
AYES: 8-Lysakowski, Moylan, Rodd, Zadrozny,
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
No Action Taken on Ordinance Z-6-19, AN ORDNANCE APPROVING A
MAJOR VARIATION FROM SECTION 12-11-6.B OF THE CITY OF
DES PLAINES ZONING ORDINANCE AT 2811 MANNHEIM ROAD,
DES PLAINES, ILLINOIS (CASE #19-011-V).
REVOCATION
AND
CANCELLATION
OF COOK
COUNTY 6B/
521 SANTA ROSA
DRIVE:
Resolution
R-80-19
MAP AMEND,
MAJOR
VARIANCE &
CU/CONGREGATE
HOUSING/
915 LEE STREET:
Ordinance
Z-11-19
COOK COUNTY
CLASS 6B/
CORE SHERWIN/
1600-1710
SHERWIN
AVENUE:
Resolution
R-104-19
CU PERMITS AND
MAJOR
VARIATION/
820-848 LEE
STREET:
Ordinance
Z-12-19
APPROVAL OF TIF
PROJECT/
OAKTON STREET:
Resolution
R-97-19
Page 14 of 15 05/20/19
Moved by Rodd, seconded by Moylan, to concur with recommendation of
Committee of the Whole to adopt Resolution R-80-19, A RESOLUTION
REQUESTING THE REVOCATION AND CANCELLATION OF A CLASS
6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 521 SANTA
ROSA DRIVE. Upon roll call, the vote was:
AYES: 8-Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Rodd, seconded by Chester, to concur with recommendation of the
Committee of the Whole to adopt Ordinance Z-11-19, AN ORDINANCE
APPROVING A ZONING MAP AMENDMENT, MAJOR VARIATION, AND
A CONDITIONAL USE PERMIT FOR A CONGREGATE HOUSING
CENTER AT 915 LEE STREET, DES PLAINES, ILLINOIS (CASE #19 -014 -
CU -MAP -V). Upon voice vote, motion declared unanimously carried.
Moved by Rodd, seconded by Zadrozny, to adopt Resolution R-104-19, A
RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF
CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 1600-
1710 SHERWIN AVENUE, DES PLAINES, IL. Upon voice vote, motion
declared unanimously carried.
Moved by Rodd, seconded by Goczkowski, to adopt Ordinance Z-12-19, AN
ORDINANCE GRANTING CONDITIONAL USE PERMITS AND A MAJOR
VARIATION AT 820-848 LEE STREET, DES PLAINES, ILLINOIS (CASE
#19 -015 -CU -V). Upon voice vote, motion declared unanimously carried.
Moved by Rodd, seconded by Chester, to adopt Resolution R-97-19, A
RESOLUTION CONVENING THE JOINT REVIEW BOARD, SETTING THE
TIME AND PLACE FOR A PUBLIC HEARING AND CREATING AN
INTERESTED PARTIES REGISTRY FOR THE DESIGNATION OF A
REDEVELOPMENT PROJECT AREA ON OAKTON STREET, THE
APPROVAL OF A TAX INCREMENT REDEVELOPMENT PLAN AND
PROJECT, AND THE ADOPTION OF TAX INCREMENT ALLOCATION
FINANCING. Upon voice vote, motion declared unanimously carried.
APPROVE LEASE
AGMT/ONESTI
ENTERTAINMENT
/DES PLAINES
THEATRE
OPERATOR:
Resolution
R-107-19
ADJOURNMENT:
Page 15 of 15 05/20/19
Moved by Brookman, seconded by Chester to adopt Resolution R-107-19, A
RESOLUTION APPROVING A LEASE AGREEMENT WITH ONESTI
ENTERTAINMENT CORPORATION FOR THE OPERATION OF THE
DES PLAINES THEATRE. Upon roll call the vote was:
AYES: 8-Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
Moved by Chester, seconded by Brookman, to adjourn the meeting. Motion
declared carried. The meeting adjourned at 9:51 p.m.
r
r a� --
Laura Fast — DEPUTY CITY CLERK
APPROVED BY ME THIS,5'd