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Council Minutes 11-16-20CALL TO ORDER: MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD VIA ZOOM VIDEO CONFERENCE ON MONDAY, NOVEMBER 16, 2020 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 7:00 p.m. The meeting was lived -streamed via: http://desplaines.org/accessdeplaines and played on DPTV Channel 17 on Monday, November 16, 2020. ROLL CALL: 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, Community and Economic Development Director McMahon, Fire Chief Anderson, Police Chief Kushner, and General Counsel Friedman. PRAYER AND The prayer was offered by Mayor Bogusz followed by the Pledge of Allegiance offered PLEDGE: by Alderman Rodd. PUBLIC HEARING/ PROPOSED 2020 PROPERTY TAX LEVY: Mayor Bogusz announced that New Business Item 2b, Consideration of a Preliminary Planned Unit Development, Tentative Plat of Subdivision, Map Amendment and Conditional Use for the Proposed Construction of a 449 unit Multiple Family Residential Development with a Freestanding Commercial Our -Lot in the M-1 Zoning District t 414 E. Golf Road, Ordinance Z-23-20 is postponed to allow additional time for the developer to meet with nearby residents. Moved by Rodd, seconded by Goczkowski to postpone New Business Item 2b. 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 OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, MONDAY, NOVEMEBER 16, 2020 Mayor Bogusz called the Proposed 2020 Property Tax Levy Public Hearing to order at 7:04 p.m. Each year the City complies with the Illinois Truth in Taxation Act (ITTA) requirements as it pertains to the issuance of the property tax levy. The ITTA requires the City to provide notice and conduct a public hearing if the proposed aggregate levy is 5% or more than the previous year's property tax extension. Under the ITTA, the City would be prohibited from levying any amount greater than 5% of the previous year's property tax extension if we failed to comply with this specific notice and hearing provisions. The 2020 Tax Levy, which includes the general fund, police and fire pension funds, public library fund, and bond & interest fund, totals $30,589,150. This represents a decrease of $917,675, or -2.91% from the 2019 Property Tax Extension. Page 2 of 6 11/16/20 Since the 2020 estimated aggregate levy is below the 5% of the 2019 property tax extension, the City is not required to publish a legal notice and hold a public hearing. However, a legal notice was published and a public hearing is being conducted as it provides the City Council with increased flexibility in determining the 2020 property tax levy amount and more opportunity for public input. Section 18-15 of the Illinois Property Tax Code requires that the City adopt a tax levy ordinance and file it with the County Clerk's office by December 29, 2020. Moved by Brookman, seconded by Chester, to Approve Ordinance M-31-20, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021 AND ENDING DECEMBER 31, 2021. 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. With no public comment, Mayor Bogusz adjourned the Public Hearing at 7:08 p.m. 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 November 16, 2020. Public comments that were received were distributed to the City Council prior to tonight's meeting and are included as Exhibit A. MAYORAL On March 16, 2020, a Declaration of Civil Emergency for the City of Des Plaines ANNOUNCEMENT 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 Goczkowski, seconded by Moylan, 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: CONSENT AGENDA: APPROVE CITY CODE AMENDMENT/ CLASS A LIQUOR LICENSE: APPROVE AGMTS/ CDBG FUNDS PY 2020: Consent Agenda Resolution R-190-20 APPROVE AGMT/ CDW GOVERNMENT, INC: Consent Agenda Resolution R-191-20 Page 3 of 6 AYES: 8 - Lysakowski, Moylan, Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski NAYS: 0 - None ABSENT: 0 - None Motion declared carried. 11/16/20 Moved by Chester, seconded by Rodd, to establish the Consent Agenda. Upon voice vote, the vote was: AYES: 8 - Lysakowski, Moylan, Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski 0 - None 0 None Motion declared carried. NAYS: ABSENT: Moved by Rodd, seconded Chester, 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-30-20 was approved; Resolutions R-190-20, R-191-20, R-192-20 were adopted. Moved by Rodd, seconded by Chester, to Approve Ordinance M-30-20, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "A" LIQUOR LICENSE. Motion declared carried as app roved unanimously under Consent Agenda. Moved by Rodd, seconded by Chester, to Approve Resolution R-190-20, A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS WITH SUBRECIPIENTS OF COlVIlVIUNITY DEVELOPMENT BLOCK GRANT FUNDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Chester, to Approve Resolution R-191-20, A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS UNDER AN AGREEMENT WITH CDW GOVERNMENT, INC. Motion declared carried as approved unanimously under Consent Agenda. APPROVE PURCHASE/FIRE DEPARTMENT UNIFORMS: Consent Agenda Resolution R-192-20 APPROVE MINUTES: Consent Agenda APPROVE MINUTES: Consent Agenda APPROVE MINUTES: Consent Agenda APPROVE MINUTES: Consent Agenda NEW BUSINESS: WARRANT REGISTER: Resolution R-193-20 CONSIDER COOK COUNTY CLASS 6B/1794 S. WINTHROP DRIVE: Resolution R-194-20 Page 4 of 6 11/16/20 Moved by Rodd, seconded by Chester, to Approve Resolution R-192-20, A RESOLUTION AUTHORIZING THE PURCHASE OF FIRE DEPARTMENT UNIFORMS FROM ON TIME EMBROIDERY, INC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Chester, to approve the Minutes of the Special City Council meeting of October 26, 2020, as published. Motion declared carried as approved unanimously under Consent Agenda Moved by Rodd, seconded by Chester, to approve the Minutes of the Special City Council meeting of October 28, 2020, as published. Motion declared carried as approved unanimously under Consent Agenda Moved by Rodd, seconded by Chester, to approve the Minutes of the City Council meeting of November 2, 2020, as published. Motion declared carried as approved unanimously under Consent Agenda Moved by Rodd, seconded by Chester, to approve the Minutes of the Closed Session City Council meeting of November 2, 2020, as published. Motion declared carried as approved unanimously under Consent Agenda. FINANCE & ADMINISTRATION — Alderman Chester, Chairman Moved by Chester, seconded by Rodd, to approve the Warrant Register of November 16, 2020 in the Amount of $3,933,548.52 and approve Resolution R-193-20. 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. COMMUNITY DEVELOPMENT — Alderman Rodd, Chairman Chicago Industrial Portfolio Owner LLC, owner of 1794 S. Winthrop Drive, has filed a Class 6b Property Tax Incentive Application, which requests a new Class 6b property tax incentive, based on abandoned property with special circumstances and substantial rehabilitation. The new proposed tenant is Kranze Technology Solutions, Inc. (KTS). KTS provides contract support services, design, development, and manufacturing/assembly of Digital Interoperability equipment for the US Armed Forces. KTS's primary customers have been the United States Marine Core and Special Operations Command, to which PRELIMINARY PUD/TENTATIVE PLAT OF SUBDIVISION, MAP AMENDMENT AND CU/ 414 E GOLF ROAD: DISCUSSION OF GOVENOR PRITZKER'S EXECUTIVE ORDER: Page 5 of 6 11/16/20 they provide a range of services from test and evaluation of Infrared Countermeasure Systems to design and development of encrypted aviation networking solutions. KTS designs and develops all software for these devices on site. This building was last occupied by Metsovo Banking Company in 2016, and has been vacant since. Since 2019, the Applicant has invested almost $1,000,000 in repairs and upgrades to the facility to make it suitable for an industrial user. Should the Class 6b be approved, the subject property would generate approximately $1,611,655 additional real estate taxes over the life of the Class 6b Tax Incentive. Staff recommended that the City Council approve Resolution R-194-20. Moved by Brookman, seconded by Rodd, to Approve Resolution R-194-20, A RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 1794 S WINTHROP DRIVE, DES PLAINES, IL. 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. Consideration of a Preliminary Planned Unit Development, Tentative Plat of Subdivision, Map Amendment and Conditional Use for the Proposed Construction of a 449 unit Multiple Family Residential Development with a Freestanding Commercial Our -Lot in the M-1 Zoning District t 414 E. Golf Road, Ordinance Z-23-20 was postponed. LEGAL & LICENSING — Alderman Brookman, Chairman On October 27, 2020 Governor Pritzker enacted Executive Order 2020-63 which included a ban on indoor consumption in bars and restaurants. Alderman Brookman expressed her opposition of the City's position to enforce Governor Pritzker's recent executive order citing reasons of the accuracy of COVID testing, the hardship on the businesses and the strain on the Police Department. Restaurant owners expressed their opposition to the enforcement. The restaurant owners are following guidelines of social distancing, requiring masks and sanitizing and if enforcement of the executive order is followed many businesses will have a difficult time paying their bills and may have to close their business. General Counsel Friedman stated that the city has the authority to enforce the governor's order, however is not obligated. Page 6 of 6 11/16/20 Several elected officials expressed that while they understood that this is an unfortunate circumstance they support enforcement of the executive order due to health and safety. Moved by Brookman to acknowledge the governor's order, but not enforce it due to the scarce resources the city has being down nine police officers. A consensus for the motion was taken by show of hands; the vote was: AYES: 4 - Lysakowski, Zadrozny, Brookman, Chester NAYS: 4 - Moylan, Rodd, Smith, Goczkowski ABSENT: 0 - None No consensus. Motion by Smith, seconded by Goczkowski to continue to enforce as directed; to issue two warnings, violations in the amounts of $250/$500/$750 and potentially suspend the establishment's liquor license. Substitute motion to amend, moved by Brookman, seconded by Lysakowski to acknowledge the governor's order, but not enforce it due to the scarce resources the city has being down nine police officers. Upon roll call, the vote was: AYES: 4 - Lysakowski, Zadrozny, Brookman, Chester NAYS: 5 - Moylan, Rodd, Smith, Goczkowski, Bogusz ABSENT: 0 - None Motion failed. Motion by Smith, seconded by Goczkowski to continue to enforce as directed, to issue two warnings, violations in the amounts of $250/$500/$750 and potentially suspend the liquor license. Upon roll call, the vote was: AYES: 5 - Moylan, Rodd, Smith, Goczkowski, Bogusz NAYS: 4 - Lysakowski, Zadrozny, Brookman, Chester ABSENT: 0 - None Motion declared carried. ADJOURNMENT: Moved by Brookman, seconded by Smith to adjourn the City Council meeting. 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. The meeting adjourned at 9:07 p.m. APPROVED BY ME THIS riL DAY OF 0I 2020 Matthew J. Bogusz, MAYOR itAtt4. k � fifer L. s — Tsalapatanis CityClerk p