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Council Minutes 09-08-20MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD VIA ZOOM VIDEO CONFERENCE ON TUESDAY, SEPTEMBER 8, 2020 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was called ORDER: to order by City Clerk Tsalapatanis at 6:08 p.m. The meeting was lived -streamed via: http://desplaines.org/accessdeplaines and played on DPTV Channel 17 on Tuesday, September 8, 2020. ROLL CALL: Roll call indicated the following Aldermen present: Rodd, Zadrozny, Brookman, Chester, Smith, Goczkowski. Absent: Lysakowski, Moylan. A quorum was present. MAYOR City Clerk Tsalapatanis entertained a motion for a Mayor Pro Tem for tonight's PRO TEM: meeting. Moved by Goczkowski, seconded by Chester to appoint Alderman Smith as Mayor Pro Tem for tonight's meeting only. CLOSED SESSION: Moved by Rodd, seconded by Chester, to adjourn to Closed Session to discuss Property Acquisition, Personnel. Upon roll call, the vote was: AYES: 6 - Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski NAYS: 0 - None ABSENT: 2 Lysakowski, Moylan Motion declared carried. The City Council recessed at 6:09 p.m. The City Council re -convened at 7:07 p.m. Roll call indicated the following Aldermen present: Lysakowski, Rodd, Zadrozny, Brookman, Chester, Smith, Goczkowski. Absent: Moylan. 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 Anderson, Police Chief Kushner, and General Counsel Weiss. PRAYER AND The prayer was offered by Steven Hjelle of the Evangelical Free Church followed by PLEDGE: the Pledge of Allegiance offered by Alderman Rodd. PUBLIC The City of Des Plaines continues to follow social distancing requirements. In response COMMENT: to the risks created by the COVID-19 outbreak, Governor Pritzker issued Executive Order 2020-07 on March 16, 2020, suspending the Open Meetings Act provision relating to in- person attendance by the members of the public body. Tonight's meeting is allowed to be conducted via video conferencing. Public comments were allowed to be e-mailed to publiccomments@desplaines.org or phoned in to the City Clerk's Office by 5:00 pm on September 8, 2020. No public comments were submitted. The Knights of Columbus will conduct their annual Tootsie Roll drive on September 18-20, 2020. Resident Sherry Elkhardy expressed that she is still struggling with the after effects of MAYORAL ANNOUNCEMENT CITY CLERK ANNOUNCEMENT: MANAGER'S REPORT: CONSENT AGENDA: Page 2 of 8 09/08/20 the flooding which occurred in 2017. On March 16, 2020, a Declaration of Civil Emergency for the City of Des Plaines related to the COVID-19 emergency was authorized. The Declaration provided that: (1) the City may enter into contracts for the emergency purchase of goods and services; (2) the City Manager may implement emergency staffing protocols pursuant to the City's respective collective bargaining agreements; and (3) directed City officials and employees to cooperate with other government agencies. In accordance with Illinois statutes, the Mayor's Declaration lasted only for a period of seven days, unless it was extended by action of the City Council. At each subsequent City Council meeting, the City Council, by motion, extended the Declaration until the next adjournment of the next special or City Council meeting. This extension of the Declaration includes Mayor Bogusz's Supplemental Order dated July 29, 2020. Moved by Rodd, seconded by Goczkowski, to extend the Mayor's March 16, 2020 Declaration of Civil Emergency until the adjournment of the next regular, special, or emergency meeting of the City Council. Upon roll call, the vote was: AYES: 7 - Lysakowski, Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski NAYS: 0 - None ABSENT: 1 - Moylan Motion declared carried. Early voting for the November 6, 2020 General Election will begin October 19, 2020 at the Des Plaines Library. City Manager Bartholomew expressed his deepest sympathy to the family of Linda De Tomasi, Media Services Director., who unexpectedly passed away on September 7, 2020. Mayor Bogusz called for a moment of silence. Moved by Brookman, seconded by Goczkowski, to establish the Consent Agenda. Upon roll call, the vote was: AYES: 7 - Lysakowski, Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski NAYS: 0 - None ABSENT: 1 - Moylan Motion declared carried. Moved by Brookman, seconded Rodd, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7 - Lysakowski, Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski NAYS: 0 - None ABSENT: 1 - Moylan Motion declared carried. APPROVE PARK DISTRICT REIMBURSEMENT Consent Agenda Resolution R-149-20 APPROVE REDUCTION OF SECURITY/ LEXINGTON POINTE: Consent Agenda Resolution R-150-20 APPROVE FOOD PANTRY ASPHALT/ ARROW ROAD CONSTRUCTION: Consent Agenda Resolution R-151-20 APPROVE FIRE STATION DRIVEWAY APRON REPLACEMENT/ COPENHAVER CONSTRUCTION: Consent Agenda Resolution R-152-20 APPROVE INSTALLATION/ TRANSFORMER AND ELECTRIC SERVICES/ Page 3 of 8 09/08/20 Minutes were approved; Ordinance M-11-20; Resolutions R-149-20, R-150-20, R-151-20, R-152-20, R-153-20, R-154-20, R-155-20, R-156-20, R-157-20, R-158-20 were adopted. Moved by Brookman, seconded by Rodd, to Approve Resolution R-149-20, A RESOLUTION AUTHORIZING REIMBURSEMENT TO THE DES PLAINES PARK DISTRICT FOR SEDIMENT REMOVAL COSTS AT PRAIRIE LAKES PARK IN THE AMOUNT NOT -TO -EXCEED $89,000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to Approve Resolution R-150-20, A RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS AND APPROVING THE REDUCTION PUBLIC IMPROVEMENT SECURITY FOR LEXINGTON POINTE PLANNED UNIT DEVELOPMENT TO $183,433.25. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to Approve Resolution R-151-20, A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO A CONTRACT WITH ARROW CONSTRUCTION COMPANY FOR PARKING LOT IMPROVEMENTS AT 769 HOLIDAY LANE IN THE AMOUNT OF $50,062.50. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to Approve Resolution R-152-20, A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO A CONTRACT WITH COPENHAVER CONSTRUCTION COMPANY FOR CONCRETE IMPROVEMENTS TO FIRE STATION #63 AND THE DES PLAINES FOOD PANTRY IN THE AMOUNT OF $65,335.30. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to Approve Resolution R-153-20, A RESOLUTION APPROVING THE EXPENDITURE OF FUNDS FOR THE INSTALLATION OF A TRANSFORMER IN THE NOT -TO -EXCEED $30,000 AND APPROVING A CONTRACT WITH ARGON ELECTRIC COMPANY, INC. FOR RELATED ELECTRIC SERVICES AT THE DES PLAINES THEATRE IN (Cont.) DES PLAINES THEATRE: Consent Agenda Resolution R-153-20 AWARD BID/ SNOW REMOVAL/ DGO PREMIUM SERVICES: Consent Agenda Resolution R-154-20 AWARD BID/ PUMPING STATION/ NEWCASTLE ELECTRIC: Consent Agenda Resolution R-155-20 APPROVE COOK COUNTY AGMT/ CARES ACT: Consent Agenda Resolution R-156-20 APPROVE CONTRACT/ ALLIANCE CONTRACTORS: Consent Agenda Resolution R-157-20 AWARD BID/ DES PLAINES THEATRE SPRINKLER SYSTEM: Consent Agenda Page 4 of 8 09/08/20 THE AMOUNT OF $146,672. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to Approve Resolution R-154-20, A RESOLUTION APPROVING AN AGREEMENT WITH DGO PREMIUM SERVICES COMPANY FOR THE REMOVAL OF SNOW FROM VARIOUS CITY SIDEWALKS DURING THE 2020/2021 WINTER. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to Approve Resolution R-155-20, A RESOLUTION APPROVING AN AGREEMENT WITH NEW CASTLE ELECTRIC INC. FOR ELECTRICAL IMPROVEMENTS TO THE CITY'S MAPLE STREET PUMPING STATION IN THE AMOUNT OF $87,500. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to Approve Resolution R-156-20, A RESOLUTION APPROVING AN INTERGOVERNMENTAL AND SUBRECIPIENT AGREEMENT WITH COOK COUNTY FOR CARES ACT RELIEF FUNDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to Approve Resolution R-157-20, A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE DES PLAINES RIVER ROAD RECONSTRUCTION CONTRACT WITH ALLIANCE CONTRACTORS, INC IN THE AMOUNT OF $2,000,000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to Approve Resolution R-158-20, A RESOLUTION APPROVING AN AGREEMENT WITH AUTOMATIC FIRE SYSTEMS, INC. FOR THE INSTALLATION OF A NEW SPRINKLER SYSTEM AT THE DES PLAINES THEATRE IN THE AMOUNT OF $284,538. Motion declared carried as approved unanimously under Consent Agenda. (Cont.) Resolution R-158-20 SECOND READING — ORD. M-11-20 Consent Agenda APPROVE MINUTES: Consent Agenda APPROVE CLOSED SESSION MINUTES: NEW BUSINESS: WARRANT REGISTER: Resolution R-147-20 CONSIDER CITY CODE TEXT AMENDMENTS: Page 5 of 8 09/08/20 Moved by Brookman, seconded by Rodd, to Approve Second Reading Ordinance M-11-20, AN ORDINANCE AUTHORIZING THE DISPOSITION OF SURPLUS PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to approve the Minutes of the City Council meeting of August 17, 2020, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Rodd, to approve the Closed Session Minutes of the City Council meeting of August 17, 2020, as published. Motion declared carried as approved unanimously under Consent Agenda. FINANCE & ADMINISTRATION — Alderman Chester, Chairman Chairman Chester presented the Warrant Register for consideration. Moved by Chester, seconded by Rodd, to approve the Warrant Register of September 8, 2020 in the Amount of $6,739,565.63 and approve Resolution R-160-20. Upon roll call, the vote was: AYES: 7 - Lysakowski, Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski NAYS: 0 - None ABSENT: 1 - Moylan Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Rodd, Chairman Director of Community and Economic Development McMahon reviewed a memorandum dated July 13, 2020. The City of Des Plaines is requesting Text Amendments to the following sections of the 1998 Des Plaines Zoning Ordinance, as amended: (i) Section 12-7-2.J, to update the note section of the Residential District Bulk Matrix and (ii) Sections 12-7-2.I and 12-7-3.K to add the use of "Single-family detached dwellings" as a Conditional Use in the R-2, R-3, R-4, C-2 and C-3 zoning districts (for existing structures only). The proposed text amendments to the Des Plaines Zoning Ordinance which include clarifying the notes section of the Residential District Bulk Matrix and amending regulations to the Zoning Ordinance to allow existing, lawfully constructed single family detached homes as a conditional use in the R-2, R-3, R-4, C-2 and C-3 zoning districts. The Planning and Zoning Board recommended (7-0) that the City Council approve the proposed Text Amendments. (Cont.) CONSIDER CLASS 6B TAX INCENTIVE RENEWAL/ 1333-1347 S MOUNT PROSPECT RD: Page 6 of 8 09/08/20 Staff recommended approval of Ordinance Z-19-20. Moved by Rodd, seconded by Chester to Approve Ordinance Z-19-20, AN ORDINANCE AMENDING THE TEXT OF VARIOUS SECTIONS OF THE DES PLAINES ZONING ORDINANCE AND SUBDIVISION REGULATIONS TO THE CITY CODE. Upon roll call, the vote was: AYES: 7 - Lysakowski, Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski NAYS: 0 - None ABSENT: 1 - Moylan Motion declared carried. Moved by Rodd, seconded by Goczkowski to Advance to Second Reading and Adopt Ordinance Z-19-20, AN ORDINANCE AMENDING THE TEXT OF VARIOUS SECTIONS OF THE DES PLAINES ZONING ORDINANCE AND SUBDIVISION REGULATIONS TO THE CITY CODE. Upon roll call, the vote was: AYES: 7 - Lysakowski, Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski NAYS: 0 - None ABSENT: 1 - Moylan Motion declared carried. Director of Community and Economic Development McMahon explained that the applicant, James Campbell Company, LLC has filed an application requesting a City resolution in support of a Class 6b Tax Incentive Renewal application. The subject property was granted a Class 6b Property Tax Incentive in 2007 based on new construction. Tax year 2016 was the tenth year in which the subject property is classified as a 6b property when the assessments began to revert from the 10% assessment level back to the 25% assessment. The property lost its 6b designation in 2019; however, the Applicant filed a timely renewal application with Cook County in 2016, the 10th year of the original incentive. The Applicant has confirmed that the County considers the renewal application open and will activate the renewal with Des Plaines' ratification and reoccupation of the property. If approved the 6b will last 12 years with first 10 years at a 10% level of assessment, year 11 at 15%, and year 12 at 20%. The Applicant is still in the process of receiving bids, but plans to invest approximately $2,000,000 - $2,400,000 in improvements to the property resulting in approximately 50-75 temporary construction jobs. After the improvements, the Subject Property is projected to have a market value of approximately $35,112,448, which would generate an estimated $944,938 in annual taxes and S 12,756,662 in total taxes over the life of the 12 year renewed 6b. The City of Des Plaines updated the Class 6b application with new criteria to consider for any current request. Those criteria generally includes: • Building construction value shall be at least $10 per square foot • At least 50 new full-time jobs be generated with industrial redevelopment projects • That the 6b is not located within an established TIF District (Cont.) CONSIDER BUSINESS ASSISTANCE GRANT/ 877 S ELMHURST ROAD: Page 7 of 8 09/08/20 Staff finds that all the criteria will be met. Staff recommended that the City Council adopt Resolution R-161-20. Moved by Rodd, seconded by Brookman, to Approve Resolution R-161-20, A RESOLUTION SUPPORTING AND CONSENTING TO RENEWAL OF CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 1333-1347 SOUTH MOUNT PROSPECT ROAD. Upon roll call, the vote was: AYES: 7- Lysakowski, Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski NAYS: 0 None ABSENT: 1- Moylan Motion declared carried. Director of Community and Economic Development McMahon reviewed a memorandum dated August 25, 2020. The Business Assistance Program requires City Council approval on all applications with a project award amount over $10,000.00. Phil Mesi from Pleasant Food Caterers, Inc. has filed a business assistance application requesting the maximum amount of $15,000 under the Interior Build -Out Grant Program to renovate their existing Subway restaurant at 877 Elmhurst Road. The applicant is also requesting a waiver as work started and has been completed on the both the interior and exterior portions of the building. The applicant has been operating a Subway restaurant at this location since 1984 and in 2019 initiated a complete remodel of the restaurant. Applications for Business Assistance grant funds were filed with the Community and Economic Development Department in 2019 but were not approved as the applicant sought major variations for the exterior portion of the building. The applicant was advised of the program requirements and continued with the project. On September 16, 2019 the City Council approved the major variations for wall signage with a condition that any Business Assistance grant funds would not be utilized for exterior work. Interior work included remodeling the dining area to the latest Subway decor. This work was completed in July 2019 at total cost of approximately $150,000. Due to a discrepancy, City Manager Bartholomew suggested postponing this item until staff provides additional information. Moved by Rodd, seconded by Brookman to postpone this item until staff has the ability to bring back, no later than at the October 5, 2020 City Council meeting. Upon roll call, the vote was: AYES: 7- Lysakowski, Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski NAYS: 0 None ABSENT: 1- Moylan Motion declared carried. CONSIDER AMENDMENT/ CITY MANAGER'S (Cont.) EMPLOYMENT CONTRACT: Page 8 of 8 09/08/20 LEGAL & LICENSING — Alderman Brookman, Chairman The Fifth Amendment to the City Manager's Employment Agreement was presented for consideration. The Employer and the Employee entered into a "City Manager Employment Agreement" dated April 16, 2012, as amended by the First Amendment to the Agreement on November 4, 2013, the Second Amendment to the Agreement on July 20, 2015, the Third Amendment to the Agreement on April 2, 2018, and the Fourth Amendment to the Agreement on April 21, 2019. Moved by Brookman, seconded by Chester, to approve Resolution R-148-20, A RESOLUTION APPROVING A FIFTH AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND MICHAEL G BARTHOLOMEW to include a 2.75 percent salary increase. Upon roll call, the vote was: AYES: 6- Lysakowski, Rodd, Zadrozny Brookman, Chester, Smith NAYS: 1- Goczkowksi ABSENT: 1- Moylan Motion declared carried. ADJOURNMENT: Moved by Rodd, seconded by Brookman, to adjourn the meeting. Without objection, motion declared carried. The meeting adjourned at 7:59 p.m. APPROVED BY ME THIS S Matthew J. Bogusz, MAYOR .9e ip47, fifer L. T alapatanis — City Clrk