Council Minutes 12-19-22MINUTES 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,
DECEMBER 19, 2022
CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order
ORDER by Mayor Goczkowski at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers,
Des Plaines Civic Center on Monday, December 19, 2022.
ROLL CALL Roll call indicated the following Aldermen present: Moylan, Oskerka, Brookman, Chester,
Smith, Ebrahimi. Absent: Lysakowski, Zadrozny. A quorum was present.
CLOSED SESSION Moved by Brookman, seconded by Chester to convene into Closed Session under the following
sections of the Open Meetings Act — Probable or Imminent Litigation, Personnel, Sale of
Property, Purchase or Lease of Property, and Litigation.
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Brookman,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Zadrozny
Motion declared unanimously carried.
The City Council recessed at 6:30 p.m.
The City Council reconvened at 7:01 p.m.
Roll call indicated the following Alderman present: Moylan, Oskerka, Zadrozny, Brookman,
Chester, Smith, Ebrahimi. Absent: Lysakowski, Zadrozny. 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 Carlisle,
Fire Chief Anderson, Police Chief Anderson, and General Counsel Friedman.
PRAYER AND The prayer and the Pledge of Allegiance to the Flag of the United States of America were
PLEDGE offered by Alderman Chester.
PUBLIC COMMENT Resident Danny stated he believes the City should be responsible for the clearing of snow on
the sidewalks in front of the commercial businesses; he compared this process to other local
municipalities. He also stated he is against the City changing emergency call center from Red
Center to another dispatch center.
Resident Pete Kokosoulis expressed a complaint he has regarding the installation of a fire
hydrant in front of his property on Howard Ave. He stated this is causing a parking issue, and
believes the fire hydrant would have been better suited in other areas of the block; he asked if
there if the fire hydrant can be relocated.
Resident Marian Cosmides expressed her view on the recent housing trends, specifically rental
properties; connecting the comments to her opposition of the Graceland/Webford project.
Alderman Brookman asked Director of CED Carlisle to provide an update on the status of the
residential and commercial units of the Welkin property.
Director of CED Carlisle stated the ownership group is reporting more than ninety temporary
certificates of occupancy with currently mid -thirty to forty leases, and there is one expressed
letter of intent for a food user.
Page 2 of 13 12/19/2022
Resident Tom Lovestrand reviewed a City memo from the Fire Department regarding the
Graceland/Webford project, and questioned whether the intended park is for the request of
greenspace or to allow for Fire Department access to the west side of the building.
ALDERMAN Alderman Oskerka stated the Jet City Coalition is looking for volunteers to help with snow
ANNOUNCEMENTS removal for seniors and families in need, and the website for further information is
thejetcitycoalition.com.
Alderman Brookman wished everyone a very Merry Christmas, a Happy Hanukkah, and
Happy New Year.
Alderman Chester seconded Alderman Brookman's comment — Merry Christmas and Happy
Hanukkah.
Alderman Smith stated Clean Up/Give Back is seeking volunteer opportunities; residents can
contact Donna Adams. She also wished everyone Happy Holidays and Happy New Year.
Alderman Ebrahimi wished everyone Happy Holidays and Happy New Year.
MAYORAL Mayor Goczkowski mentioned Rabbi Lazer Hershkovich and Chabad & F.R.E.E. of Niles will
ANNOUNCEMENTS be hosting a Menorah Lighting Ceremony on Wednesday, December 21, 2022 at 5:00 p.m. in
Metropolitan Square; all are welcome.
On May 3, 2021, 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 the
Supplemental Order dated January 3, 2022.
Mayor Goczkowski presented an extension to the Declaration of Civil Emergency.
Moved by Brookman, seconded by Oskerka, to extend the May 3, 2021 Declaration of Civil
Emergency until the adjournment of the next regular, special, or emergency meeting of the
City Council including the Supplement Order dated January 3, 2022.
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Brookman,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Zadrozny
Motion declared carried.
Mayor Goczkowski stated this will be the last request for the extension to the Declaration of
Civil Emergency.
CONSENT AGENDA City Manager Bartholomew requested Item #7 to be removed from the Consent Agenda and
deferred to a future City Council meeting.
Page 3 of 13 12/19/2022
Alderman Brookman requested Item #12 to be removed from the Consent Agenda and deferred
to a future City Council meeting.
Moved by Brookman, seconded by Chester, to remove Item #7 and Item #12 from the Consent
Agenda and defer to a future City Council meeting.
Upon voice vote, the vote was:
AYES: 6 - Moylan, Oskerka, Brookman,
Chester, Smith, Ebrahimi
MAYS: 0 - None
ABSENT: 2 - Lysakowski, Zadrozny
Moved by Brookman, seconded by Chester, to Establish the Consent Agenda as amended.
Upon voice vote, the vote was:
AYES: 6 - Moylan, Oskerka, Brookman,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Zadrozny
Motion declared carried.
Moved by Brookman, seconded by Chester, to Approve the Consent Agenda as amended.
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Brookman,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Zadrozny
Motion declared carried.
Minutes were approved; Ordinances Z-38-22 was adopted; Ordinance M-38-22 was approved;
Resolutions R-213-22, R-214-22, R-215-22, R-217-22, R-218-22, R-220-22, R-221-22,
R-222-22, R-223-22, R-228-22, R-229-22, R-230-22 were adopted.
AMEND CITY Moved by Brookman, seconded by Chester, to Approve First Reading of Ordinance M-38-22,
CODE/ "M" LIO LIC AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "M" LIQUOR
Consent Agenda LICENSE. Motion declared carried as approved unanimously under Consent Agenda.
Ordinance Advanced to second reading by Brookman, seconded by Oskerka, to Adopt the Ordinance
M-38-22 M-38-22, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "M"
LIQUOR LICENSE.
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Brookman,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Zadrozny
Motion declared carried.
APPROVE MSTR Moved by Brookman, seconded by Chester, to Approve Resolution R-213-22, A
CONTR/ PRO ENG RESOLUTION APPROVING A MASTER CONTRACT WITH DIXON ENGINEERING,
SVCS/ DIXON ENG INC. FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as
Consent Agenda approved unanimously under Consent Agenda.
Resolution
R-213-22
APPROVE MSTR
CONTR/ PRO
ARCHT SVCS/
FGM ARCH
Consent Agenda
Resolution
R-214-22
APPROVE MSTR
CONTR/ PRO ENG
SVCS/ HAEGER
ENG
Consent Agenda
Resolution
R-215-22
Page 4 of 13 12/19/2022
Moved by Brookman, seconded by Chester, to Approve Resolution R-214-22, A
RESOLUTION APPROVING A MASTER CONTRACT WITH FGM ARCHITECTS INC.
FOR PROFESSIONAL ARCHITECTURAL SERVICES. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Chester, to Approve Resolution R-215-22, A
RESOLUTION APPROVING A MASTER CONTRACT WITH HAEGER ENGINEERING,
LLC. FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as
approved unanimously under Consent Agenda.
APPROVE MSTR Moved by Brookman, seconded by Chester, to Approve Resolution R-217-22, A
CONTR/ PRO ENG RESOLUTION APPROVING A MASTER CONTRACT WITH RJN GROUP, INC. FOR
SVCS/ RJN GROUP PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved
Consent Agenda unanimously under Consent Agenda.
Resolution
R-217-22
APPROVE MSTR
CONTR/ PRO ENG
SVCS/ TROTTER &
ASSOC
Consent Agenda
Resolution
R-218-22
APPROVE ROD PUB
]TAP & AUTH RED
LOC/ 1425
ELLINWOOD ST
Consent Agenda
Resolution
R-219-22
Moved by Brookman, seconded by Chester, to Approve Resolution R-218-22, A
RESOLUTION APPROVING A MASTER CONTRACT WITH TROTTER &
ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared
carried as approved unanimously under Consent Agenda.
Resolution R-219-22, A RESOLUTION APPROVING THE REQUIRED PUBLIC
IMPROVEMENTS AND AUTHORIZING A REDUCTION OF THE LETTER OF CREDIT
FOR THE BAYVIEW COMPASSPOINT MIXED-USE DEVELOPMENT AT 1425
ELLINWOOD STREET, was deferred to a future City Council meeting,
APPROVE AGRMT/ Moved by Brookman, seconded by Chester, to Approve Resolution R-220-22, A
HVAC/ BEDCO RESOLUTION APPROVING AN AGREEMENT WITH BEDCO MECHANICAL, INC.
MECH FOR HVAC PREVENTATIVE MAINTENANCE SERVICES. Motion declared carried as
Consent Agenda approved unanimously under Consent Agenda.
Resolution
R-220-22
Page 5 of 13 12/19/2022
APPROVE CHG Moved by Brookman, seconded by Chester, to Approve Resolution R-221-22, A
ORD 2/ FIRE STN RESOLUTION APPROVING CHANGE ORDER NO. 2 TO THE AGREEMENT WITH
#61/ MANUSOS GC MANUSOS GENERAL CONTRACTING, INC. FOR THE FIRE STATION #61 INTERIOR
Consent Agenda RENOVATIONS PROJECT. Motion declared carried as approved unanimously under
Consent Agenda.
Resolution
R-221-22
APPROVE & AUTH Moved by Brookman, seconded by
PYMT/ RAND RR RESOLUTION APPROVING AND
XING HAP/ WI CENTRAL LTD. FOR RAND ROAD
CNTR IMPROVEMENTS. Motion declared
Consent Agenda Agenda.
Resolution
R-222-22
Chester, to Approve Resolution R-222-22, A
AUTHORIZING PAYMENT TO WISCONSIN
SIDEPATH PROJECT RAILROAD CROSSING
carried as approved unanimously under Consent
APPROVE REN OF Moved by Brookman, seconded by Chester, to Approve Resolution R-223-22, A
CONTR/ HEALTH RESOLUTION APPROVING THE RENEWAL OF A CONTRACT WITH HEALTH
INSP SVCS/ INSPECTION PROFESSIONALS, INC. FOR HEALTH INSPECTION SERVICES. Motion
HEALTH INSP PRO declared carried as approved unanimously under Consent Agenda.
Consent Agenda
Resolution
R-223-22
APPROVE REIMB/ Resolution R-226-22, A RESOLUTION AUTHORIZING REIMBURSEMENT FOR
STREETSCAPE/ GRACELAND STREETSCAPE WORK ASSOCIATED WITH THE BAYVIEW
1425 ELLINWOOD COMPASSPOINT MIXED-USE DEVELOPMENT AT 1425 ELLINWOOD STREET, was
Consent Agenda deferred to a future City Council meeting.
Resolution
R-226-22
APPROVE AGRMT/ Moved by Brookman, seconded by Chester, to Approve Resolution R-228-22, A
HVAC/ HELM SVC RESOLUTION APPROVING AN AGREEMENT WITH MECHANICAL, INC., D/B/A
Consent Agenda HELM SERVICE, FOR HVAC REPAIR AND INSTALLATION SERVICES. Motion
declared carried as approved unanimously under Consent Agenda.
Resolution
R-228-22
APPROVE & Moved by Brookman, seconded by Chester, to Approve Resolution R-229-22, A
RATIFY EXPND OF RESOLUTION APPROVING AND RATIFYING AN EXPENDITURE OF FUNDS TO
FUNDS/ EMERG CORE & MAIN, LP FOR THE EMERGENCY PURCHASE OF WATER MAIN FOR
WATER MAIN BALLARD ROAD. Motion declared carried as approved unanimously under Consent Agenda.
BALLARD RD/
CORE & MAIN
Consent Agenda
Resolution
R-229-22
Page 6 of 13 12/19/2022
APPROVE & Moved by Brookman, seconded by Chester, to Approve Resolution R-230-22, A
RATIFY EXPND OF RESOLUTION APPROVING AND RATIFYING AN EXPENDITURE OF FUNDS TO
FUNDS/ EMERG JOHN NERI CONSTRUCTION CO., INC. FOR THE EMERGENCY REPLACEMENT OF
WATER MAIN WATER MAIN ALONG BALLARD ROAD. Motion declared carried as approved
BALLARD RD/ unanimously under Consent Agenda.
JOHN NERI
Consent Agenda
Resolution
R-230-22
SECOND READING/ Moved by Brookman, seconded by Chester, to Approve Ordinance Z-38-22, AN
ORDINANCE ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE
Z-38-22 REGARDING COMMERCIAL MOBILE RADIO AND WIRELESS
Consent Agenda TELECOMMUNICATIONS SERVICE FACILITIES. Motion declared carried as approved
unanimously under Consent Agenda.
APPROVE Moved by Brookman, seconded by Chester, to Approve the Minutes of the City Council
MINUTES meeting of December 5, 2022, as published. Motion declared carried as approved unanimously
Consent Agenda under Consent Agenda.
APPROVE Moved by Brookman, seconded by Chester, to Approve the Closed Session Minutes of the
MINUTES City Council meeting of December 5, 2022, as published. Motion declared carried as approved
Consent Agenda unanimously under Consent Agenda.
BUSINESS
CONSIDER
Director of Community & Economic Development Carlisle reviewed a memorandum dated
APPROVING A
December 7, 2022.
CONDITIONAL USE
PERMIT TO
After approval on fust reading at the November 21, 2022 meeting, this item was removed from
OPERATE A
the Consent Agenda at the December 5 meeting at the request of the petitioner. They were
COMMERCIALLY
concerned that in Ordinance Z-34-22 Condition No. 5, which required the completion of the
ZONED USE AT
parking lot expansion prior to issuance of business registration or certificate of occupancy for
2064 S. RIVER RD
any uses, would make the proposed office use not possible.
Ordinance
Z-34-22
The City Council heard the petitioner's issue and discussed but deferred a vote until the
December 19 meeting. The Council directed staff to work with the petitioner to revise the
condition (i) to allow issuance of business registration for the proposed business in the first
story of the building before the parking lot is completed, provided however that (ii) a
performance security would be provided by the petitioner to motivate the completion of the
parking lot expansion. Staff investigated, discussed with the petitioner, and recommends a
$30,000 security, which must be submitted to the City before any issuance of business
registration or temporary occupancy. Further, staff recommends a July 15, 2023 deadline for
completion, or else the performance security would be forfeited and all other enforcement
provisions of the Ordinance could be acted upon.
Discussion ensued among the Alderman regarding the letter of credit, and if it should be
required to be received by the City before the conditional use permit is approved.
Representatives of the petitioner spoke on their behalf.
NEW BUSINESS
Page 7 of 13 12/19/2022
Advanced to second reading by Chester, seconded by Moylan, to Adopt, as amended placing
a contingency that the Ordinance will not be effective until the letter of credit is submitted to
and approved by City staff, the Ordinance Z-34-22, AN ORDINANCE APPROVING A
CONDITIONAL USE PERMIT TO OPERATE A COMMERCIALLY ZONED ASSEMBLY
USE AT 2064 S. RIVER ROAD, DES PLAINES, ILLINOIS. (Case # 22 -044 -CUP).
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Brookman,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Zadrozny
Motion declared carried.
FINANCE & ADMINISTRATION — Alderman Moylan, Vice -Chair
WARRANT Alderman Moylan presented the Warrant Register.
REGISTER
Resolution Moved by Moylan, seconded by Oskerka, to Approve the Warrant Register of
R-224-22 December 19, 2022 in the Amount of $7,288,326.36 and Approve Resolution R-224-22.
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Brookman,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Zadrozny
Motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Chester, Chair
CONSIDER Director of Community & Economic Development Carlisle reviewed a memorandum dated
APPROVING A December 7, 2022.
SECOND MAJOR
AMEND TO The petitioner is requesting the following: (i) a Major Change to a Conditional Use for a Final
EXISTING PUD, PUD under Section 12-3-5 of the Zoning Ordinance to allow for the construction of a hotel to
FINAL PLAT OF the east of the existing office building but without the parking garage that was approved in
SUBDIV, AND 2021; bulk exceptions include building height for the hotel, parking lot curb distance from lot
MAJOR VAR. AND lines in the proposed hotel parking area, and width of parking lot perimeter landscape area; (ii)
REPEAL PRIOR a Final Plat of Subdivision under Section 13-2-8 of the Subdivision Regulations to subdivide
APPROVALS FOR the site into four lots of record and grant subdivision variations for lot depth and frontage for
1700 W. HIGGINS billboard lots; (iii) Major Variations to reduce the required parking for the existing office
RD building and for the proposed hotel; and (iv) the approval of any other variations, waivers, and
Ordinance relief as may be necessary.
Z-39-22
All of the requests are intended to work in concert to achieve the following:
• Obtain major variation relief for the number of required off-street parking spaces for
both the existing office building and the proposed hotel.
• Resubdivide the existing lots to provide individual lots for the existing office building,
each of the two existing billboards, and the proposed hotel, with subdivision variations
for the billboard lots.
• Modify the existing parking lot area in the southeast corner of the subject property to
make room for a new hotel building and its parking area.
The petitioner, Mariner Higgins Centre, LLC, is requesting a Major Change to the PUD to
allow for the construction of a 107 -room, five -story (approximately 59 -foot -tall) Home2 Suites
by Hilton hotel. The hotel specializes in extended stay. The proposed plans eliminate a 207 -
space parking garage that was a part of the Final PUD approved September 20, 2021. The
Page 8 of 13 12/19/2022
brand, hotel concept, building height, and number of rooms are unchanged from the approval
in 2021.
The Final PUD plan has been revised to show the proposed hotel positioned in the southeast
corner of the property substantially in the same location as in the 2021 approval. However, the
existing surface parking area on the northwest portion of the property, where the parking
garage had been proposed, is now retained (the garage was going to be built over a portion of
this area). The property owner now proposes:
• Construction of an approximately 64,760 -square -foot hotel on the southeast comer of
the lot;
• Separate parking area and access for the new hotel; and
• Stormwater detention facilities for the hotel parcel (Lot 2) to accommodate run-off.
The subject property is currently accessed by one, signalized entrance off Higgins Road and
single drive aisle to the building, surface/covered parking areas, and billboard signs. The
proposed lot configuration will reallocate the parking area east of the drive aisle for the new
hotel and hotel surface parking area but will not alter the existing drive aisle. The new hotel
parcel (Lot 2) will be accessible via a single entranceway, which is aligned with the existing
entranceway to the front of the office building. The service drive for the hotel parcel does not
provide access to all sides of the proposed hotel building and does not meet width standards
for fire truck access due to space constraints. However, the proposal does include a fire hydrant
located on the east side of the building, which has been approved by the Fire Prevention
Bureau.
The off-street parking requirements of the Zoning Ordinance are based on the types of uses
proposed. The existing office building is one use, and the proposed hotel is a separate use.
Each use has a specific requirement for off-street parking:
• Office use requires one off-street parking space for every 250 square feet of gross floor
area, as defined in Section 12-13-3 and excluding floor area devoted primarily to
storage areas (up to 10% of the total combined floor area), food preparation areas,
bathrooms, mechanical rooms, hallways, stairwells, and elevators.
• Hotel use requires one off-street parking space for every guest room plus one space
for every 200 square feet of area devoted to offices.
The proposed hotel building (Lot 2) consists of 107 rooms and approximately 587 square feet
of office space area, requiring a total of 110 spaces. The proposal for the hotel parcel includes
63 spaces, or potentially 61-62 after designation of any loading spaces, which means the
minimum requirement is not met and requires variation. Similarly, for the existing office
building (Lot 1), after subtracting the excluded floor areas, the requirement is 541 spaces. The
subject property was built under different parking regulations and contains 392 spaces, which
does not conform with the current parking requirements.
The new proposal— with the hotel and no parking garage— reduces the total parking count to
310 spaces for the entire site, or 308-309 after loading designation. With 61-63 spaces allocated
for the hotel on Lot 2, the office building on Lot 1 will have a balance of 247-249 parking
spaces, as compared with 338 in the concept with the parking garage.
The proposal seeks to add landscaping throughout the new proposed Lot 2 designated for the
new hotel including foundation and parking lot landscaping areas. A PUD exception to waive
the required five -foot -wide perimeter parking lot landscape area behind the south and east
parking space rows is requested.
The existing property consists of two parcels totaling 5.74 acres, containing a six -story office
building with 139,000 square feet of leasable office space and a 392 parking lot, including 358
surface spaces, 28 indoor spaces, and six handicap accessible parking spaces. The petitioner
Page 9 of 13 12/19/2022
proposes to resubdivide the existing parcels into four lots— without the addition of a vacation -
of -right-of-way area as approved in 2021.The site description of Final Plat of Subdivision:
• Parcel l includes the existing office building and existing surface parking areas, except
for the parking area portion located east of the entrance drive from Higgins Road;
• Parcel 2 includes the proposed hotel and separate new surface parking area located
east of the entrance drive off Higgins Road;
• Parcel 3 includes the existing northeastern billboard sign; and
• Parcel 4 includes the existing northwestern billboard sign.
The Final Plat shows the following existing easements: (i) a 34 -foot -by -92.29- foot stormwater
detention area; (ii) a 51 -foot -by -76.9 -foot stormwater detention area; (iii) a 10 -foot storm
sewer easement at the southwestern portion of the property; (iv) a 14 -foot public utility
easement throughout the south portion of the property; and (v) a 10 -foot public utilities
easement throughout the north portion of the property.
The proposed Lots 3 and 4, which will contain the billboard signs, are new lots and are subject
to the Subdivision Regulations. Pursuant to Section 13-2-5.R, all new lots must be a minimum
of 125 feet in depth. Since the proposed Lots 3 and 4 are only 10 feet deep, they do not meet
the minimum depth requirements resulting in a need for subdivision variation for each as part
of this request. Further, the proposed lots border a private parking area, but not a public street,
thus each requiring a subdivision variation.
The PZB voted 6-0 to approve the Tentative Plat and voted 6-0 for each of other motions, to
recommend approval of the major variations, Final PUD, and Final Plat of Subdivision (with
Subdivision Variations).
Should the City Council vote to approve the requests, staff and the PZB recommend the
following conditions:
1. Off-street loading in a location and quantity required by Section 12-9-9 of the Zoning
Ordinance and in the size specified by the PZB will be provided.
2. All governing documents for the proposed development including covenants,
conditions, and restrictions, or any operating reciprocal easement agreements must be
submitted to and approved by the City's General Counsel prior to the recording of the
Final Plat of PUD or Final Plat of Subdivision.
Alderman Brookman expressed concern for the reduction of parking spaces.
Representatives from the petition spoke on their behalf.
Alderman Oskerka stated he is concerned about mandating a parking garage if the office
vacancy will increase in the future with a decrease in parking necessity.
City Manager Bartholomew stated if the Ordinance is deferred for two weeks it will allow for
the petitioner to review other alternatives, and for City staff to find out the parking
requirements for other O'Hare corridor hotels and offices.
Moved by Brookman, seconded by Smith, to Defer to the next City Council meeting, the
Ordinance Z-39-22, AN ORDINANCE APPROVING A SECOND MAJOR AMENDMENT
TO AN EXISTING PLANNED UNIT DEVELOPMENT, FINAL PLAT OF SUBDIVISION,
AND MAJOR VARIATIONS AND REPEALING PRIOR APPROVALS FOR 1700 W.
HIGGINS ROAD, DES PLAINES, ILLINOIS (CASE #22-049-FPLAT-V-PUD-A).
Page 10 of 13 12/19/2022
Upon voice vote, the vote was:
AYES: 6 - Moylan, Oskerka, Brookman,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Zadrozny
Motion declared carried.
CONSIDER Director of Community & Economic Development Carlisle reviewed a memorandum dated
AMENDING THE December 9, 2022.
TEXT OF THE
ZONING Consideration a text amendment to the Zoning Ordinance to revise the term "Park" in Section
ORDINANCE 12-13-3 to remove the expressed requirement for ownership.
REGARDING THE
DEFINITION OF The current definition of "Park" in Section 12-13-3 defines and provides an overview of the
44PARK" typical uses for parks, including any accessory uses. The definition also states a park must be
Ordinance owned by one of three public entities to be classified as a park.
Z-40-22
Parks are permitted by right in the majority of zoning districts, including all residential
districts, the mobile home park district, most commercial districts, and the institutional district.
No specific standards exist within the Zoning Ordinance about park design or other City
expectations. This guidance exists in the Subdivision Regulations, Section 13-4-2, which
requires the dedication of park land for residential developments or subdivisions with more
than fifteen (15) dwelling units or payment of a fee in lieu. Most residential development
subject to these requirements is completed by private developers.
Section 13-4-2 lists the amount of land required for dedication and depends on the estimated
number of people generated by a proposed development. The "service area" of the park is
matched to the required size and type of park; a service area is the area intended to be served
by park or recreational purposes.
New developments may dedicate, or formally transfer land, to the City or a park district to
meet these requirements; however, implementing the dedication in this way ultimately adds
another facility requiring maintenance to the City or a park district. An unintended
consequence of limiting ownership in the current park defmition to public entities only is the
prohibition of the development and long-term maintenance of parks for public access and
benefit. An increasingly common trend in the last two decades is public-private partnerships
or private ownership of park facilities within cities. The proposed revisions to the definition
maintain public access by requiring any park to maintain land for "the general public."
The Planning and Zoning Board (PZB) recommended approval 5-1 of the amendment to the
definition of park in Section 12-13-3.
Resident Tom Lovestrand asked questions regarding whether the purpose of the 330 Webford
property is for a privately held park or a fire access road, and for further detail based on that
answer.
Fire Chief Anderson stated the building of the Graceland/Webford project was reconfigured
from the original design which then allowed for roof access the Fire Department required, so
there was no longer a need for a fire access road.
Resident Phil Rominski requested further detail on how far the 100 -foot fire area ladder can
reach.
Resident Tom Lovestrand stated it is his understanding of a memo from Fire Department
contradicts the accessibility of fire access for the Graceland/Webford building.
Page 11 of 13 12/19/2022
Moved by Chester, seconded by Brookman, to Approve the Ordinance Z-40-22, AN
ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE
REGARDING THE DEFINITION OF "PARK".
Upon voice vote, the vote was:
AYES: 6 - Moylan, Oskerka, Brookman
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Zadrozny
Motion declared carried.
CONSIDER Director of Community & Economic Development Carlisle reviewed a memorandum dated
AMENDING THE December 9, 2022.
TEXT OF THE
ZONING Consideration of a text amendment to Zoning Ordinance to reduce the amount of parking
ORDINANCE required for parks that are one acre or less.
REGARDING THE
OFF-STREET The off-street parking requirement for parks - listed as "Parks - outdoor" - made its first
PARKING appearance in the original 1998 Zoning Ordinance, preceding the definition of "park." The
REQUIREMENTS requirement has remained unchanged since 1998 - a minimum of 2 spaces, plus 1 space for
FOR PARKS every '/i acre of park space is required for any outdoor park. However, an analysis of 50
Ordinance existing parks and green spaces within the city has revealed 30 do not contain any off-street
Z-41-22 parking; no parks of any type that are one acre or less contain off-street parking, and in general,
these are smaller parks within or adjacent to residential neighborhoods.
Within City Code the Subdivision Regulations set an expectation that park spaces of one acre
or less have a service area of 0.5 miles. For the average person, this is an 8 -15 -minute walk. It
is assumed smaller parks one acre or less in size are intended for pedestrians within the 0.5 -
mile service area, off-street parking is unnecessary.
The current requirement places a burden on any future redevelopment of existing parks.
Pursuant to Section 12-5-5.E, existing parks not meeting the parking requirement are
nonconforming. While they are not required to come into conformance, any expansion,
enlargement, or increase in activity of the park would require the site to follow all applicable
parking requirements—or be granted a variation. Most smaller parks would not have space to
accommodate the required parking and would require a reduction in usable park area and/or
green space. Staff suggests eliminating parking requirements for parks one acre or less in size.
The PZB recommended approval of a vote of 6-0.
Resident Deb Lester mentioned the City memo stated this is walkable for able-bodied persons,
but would like to know how to address this for people with disabilities.
Director of CED Carlisle stated they do not want to be disingenuous to say that just any person
of any age can walk that distance in ten minutes. He stated it is about being fair categorizing
the analysis and not making any claim about individuals who are not able-bodied.
Moved by Chester, seconded by Smith, to Approve the Ordinance Z-41-22, AN ORDINANCE
AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE REGARDING
THE OFF-STREET PARKING REQUIREMENTS FOR PARKS.
Upon voice vote, the vote was:
AYES: 6 - Moylan, Oskerka, Brookman,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Zadrozny
Motion declared carried.
Page 12 of 13 12/19/2022
CONSIDER Director of Community & Economic Development Carlisle reviewed a memorandum dated
APPROVING December 8, 2022.
TRANSFEREE
ASSUMPTION Applicant New World Property LLC is the owner of 30 East Oakton Street (main building of
AGREEMENTS FOR Columbus Vegetable Oils) and is requesting renewal of a Cook County Property Tax Class 6b
LOTS 5 AND 7 IN incentive.
THE ORCHARDS
AT O'HARE The applicant filed a renewal request with the County in December 2018, making them eligible
DEVELOPMENT to renew if they obtain support from the City, which they are seeking now. This renewed
Resolution incentive would be applied in Calendar Year 2023 (Tax Year 2022) and span through Calendar
R-225-22 Year 2031 (Tax Year 2030).
The subject property is approximately 10.4 acres and contains an approximately 330,000 -
square -foot industrial building built in 1969. The initial incentive reduced the assessment level
from the typical 25 percent to 10 percent for 10 years, then increased the assessment to 15
percent and 20 percent respectively in Years 11 and 12. Currently the property is assessed at
its normal level (25%), as the incentive lapsed for three years. These three years are lost from
the potential incentive period (12 years initial + 12 years of renewal), but the lapsing does not
disqualify the property from the incentive being renewed for just nine years if the City approves
a resolution of support and consent.
The building is leased entirely by CFC, Inc. aka Columbus Vegetable Oils. Columbus uses the
subject property as its main headquarters to manufacture and distribute edible fats and oils. Per
the application, there were 267 full-time employees at the subject property in 2018 and 282
full-time employees as of July 2022. The City's policy for supporting 6b renewals is that there
should be an addition of full-time employees by 33 percent. The applicant has pledged to reach
this goal within two years of City support (by December 31, 2024).
The applicant contends that without a renewal they may be required to downsize, lay off
workers, and/or relocate operations entirely. If the renewal is granted, the applicant pledges up
to approximately $3.4 million of physical investment in the property. These pledged
improvements include approximately $86,400 to replace the main door, $15,000 to update the
alarm system, $142,000 to upgrade the fire system, $960,000 for building fagade updates,
$230,000 to update the warehouse lighting, $48,000 for dock door repair, $222,000 to upgrade
the fresh air intake, $83,000 for exterior painting, $735,000 to enlarge and add bathrooms to
the lab area, $293,000 for a new first -floor lab area, and $600,000 for a new second -floor office
space. The total improvements meet the City's standard 6b expectation of $10 per square foot
(approximately $10.37 per square foot).
On August 31, 2022, Columbus received a cease-and-desist order from the Metropolitan Water
Reclamation District of Greater Chicago due to violating Appendix B of the Sewage and Waste
Control Ordinance (SWCO) and Illinois Law pertaining to pollution. The violation stated that
Columbus was discharging elevated levels of fats, oils, and greases into the sanitary sewage
system. Columbus has pledged to remedy this violation and actively prevent future issues, with
the knowledge that if this type of violation were to continue to occur support for any incentive
may be revoked by the City Council.
Further, the applicant projects the incentive will lead to an additional approximately $1.5
million in total property tax revenue — spread across all taxing bodies — over the nine-year life
of the renewal. The projections are based on the pledged property improvements, as well as
triennial reassessments of properties in Maine Township. The applicant is assuming that all
other things being equal, taxes will climb with each reassessment. Further, the applicant asserts
that unless the 6b is renewed, the reinvestment in the property and expansion or sustainability
of the tenant business will not be viable.
CONSIDER
RATIFYING THE
REAPPOINTMENT
OF ELROD
FRIEDMAN LLP AS
CITY ATTORNEY/
GENERAL
COUNSEL AND
REAPPROVING
RETAINER AND
FEESTRUCTURE
Resolution
R-227-22
OTHER MAYOR/
ALDERMEN
COMMENTS FOR
THE GOOD OF THE
ORDER
Page 13 of 13 12/19/2022
If granted, the renewal would lead to a 10 percent assessment level through Tax Year 2028
(Calendar Year 2029): In the following two years, the assessment level would climb to 15
percent and 20 percent successively, returning to the full 25 percent assessment level in the
subsequent year.
Moved by Chester, seconded by Oskerka, to Approve the Resolution R-225-22, A
RESOLUTION SUPPORTING AND CONSENTING TO RENEWAL OF THE CLASS 6b
CLASSIFICATION FOR 30 EAST OAKTON STREET.
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Brookman,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Zadrozny
Motion declared carried.
LEGAL & LICENSING — Alderman Brookman, Chair
The Resolution addresses ratifying the reappointment by the City Manager of Elrod Friedman
LLP as City Attorney / General Counsel and reapproving their retainer and fee structure, and
(ii) a letter of engagement approved by the City Manager that provides all of the details of their
fees and retainer structure.
Moved by Chester, seconded by Moylan, to Approve the Resolution R-227-22, A
RESOLUTION RATIFYING THE REAPPOINTMENT BY THE CITY MANAGER
OF ELROD FRIEDMAN LLP AS CITY ATTORNEY/GENERAL COUNSEL AND
REAPPROVING RETAINER AND FEE STRUCTURE.
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Brookman,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 2 - Lysakowski, Zadrozny
Motion declared carried.
Alderman Brookman wished everyone a very Merry Christmas, a Happy Hanukkah, and
Happy New Year.
ADJOURNMENT Moved by Brookman, seconded by Chester to adjourn the meeting. The meeting adjourned at
8:36 p.m.
essi M. Mastals ' — CI CLERK
APPROVED BY ME THIS
DAY OF
Andrew P�oczkowski, MAYOR
2023