Council Minutes 12-05-22MINUTES 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 5, 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 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers,
Des Plaines Civic Center on Monday, December 5, 2022.
ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Ebrahimi. Absent: Smith. A quorum was present.
CLOSED SESSION Moved by Brookman, seconded by Oskerka 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: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Ebrahimi
MAYS: 0 - None
ABSENT: 1 - Smith
Motion declared unanimously carried.
*Alderman Smith arrived at 6:01 p.m.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:06 p.m.
Roll call indicated the following Alderman present: Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi. 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 Zadrozny.
MINUTES OF THE PUBLIC HEARINGS HELD IN THE ELEANOR ROHRBACH
MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, MONDAY,
DECEMBER 5, 2022
PUBLIC HEARING/ Mayor Goczkowski called the Public Hearing for reconsideration of Ordinance R-192-22, a
CONSIDER resolution approving the Community Development Block Grant Program consolidated annual
APPROVING performance and evaluation report for program year 2021 to order at 7:07 p.m.
CAPER
The Consolidated Annual Performance & Evaluation Report (CAPER) is an annual document
Resolution detailing the accomplishments of the Community Development Block Grant (CDBG) program
R-192-22 and requires City Council approval before submitting to the U.S. Department of Housing and
Urban Development (HUD).
The City of Des Plaines Program Year (PY) 2021 CAPER summarizes the program
performance of Year 2 of the CDBG Consolidated Plan (PY2021 Action Plan, October 1, 2021,
to September 30, 2022). The CAPER reports on the expenditures and accomplishments of the
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public service, housing, and infrastructure programs performed with respect to the goals
established in the Action Plan.
Staff recommended that the City Council approve Resolution R-192-22 approving the PY2021
Consolidated Annual Performance & Evaluation Report.
Moved by Oskerka, seconded by Lysakowski, to Approve the Resolution R-192-22, A
RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT FOR PROGRAM YEAR 2021.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Mayor Goczkowski adjourned the Public Hearing at 7:10 p.m.
MINUTES OF THE PUBLIC HEARINGS HELD IN THE ELEANOR ROHRBACH
MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, MONDAY,
DECEMBER 5.2022
PUBLIC HEARING/ Mayor Goczkowski called the Public Hearing for reconsideration of Ordinance Z-38-22, an
CONSIDER ordinance amending the text of the Des Plaines zoning ordinance regarding commercial mobile
AMENDING THE radio and wireless telecommunications service facilities, to order at 7:10 p.m.
ZONING
ORDINANCE RE The City of Des Plaines is proposing amending the Zoning Ordinance to create an
COMM MOB RADIO administrative permitting process for requests to modify existing commercial mobile radio and
AND WL TELECOM wireless telecommunications service facilities when those modifications fall within a specific
SVC allowance of federal law. The administrative approval would be possible even when those
modifications would otherwise require zoning relief, such as a conditional use or a variation.
Ordinance
Z-38-22 The full proposed amendments are summarized below.
• Section 12-7-A: Amend the reference to wireless facilities to its newly proposed title
of "Commercial Mobile Radio and Wireless Telecommunications Service Facilities"
• Section 12-8-5:
o Retitle the specific use regulations to "Commercial Mobile Radio and
Wireless Telecommunications Service Facilities."
o Change references throughout to this new title. o Add a new Sub -Paragraph 2
under Paragraph A. General Requirements; the new sub -paragraph, titled
"Eligible Facilities Requests," does the following:
• Cites the federal legislation to define eligible facilities requests and
exempts them from location requirements, maximum height
requirements, site plan review, and conditional use permits (i.e.,
addresses those instances where the existing facility is nonconforming
with any of these typical requirements); and
• Establishes that the Zoning Administrator shall review a claim for an
"eligible facilities request" within 60 days and if applicable, approve
the zoning administratively.
o Specifies under "Paragraph E. Construction Requirements" that proposed
eligible facilities requests must demonstrate such status in their construction
drawings.
o Adds a footnote to the table under Paragraph F. Height Requirements to
exempt eligible facilities requests.
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12/5/2022
o Adds footnotes to the table under Paragraph G. District Requirements to
exempt eligible facilities requests.
Section 12-13-3, Definition of Terms: Amends the term definition to "Commercial
Mobile Radio and Wireless Telecommunications Service Facilities.
Moved by Brookman, seconded by Chester, to Approve the Ordinance Z-38-22, AN
ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE
REGARDING COMMERCIAL MOBILE RADIO AND WIRELESS
TELECOMMUNICATIONS SERVICE FACILITIES
Upon voice vote, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Mayor Goczkowski adjourned the Public Hearing at 7:17 p.m.
ALDERMAN Alderman Lysakowski thanked public works for the amazing job they did with the holiday
ANNOUNCEMENTS lights in downtown. He also stated he would like to see the lights continue next year past
Central Road possibly coordinating with Mount Prospect.
Alderman Oskerka thanked everyone who participated in the Holiday Tree Lighting and the
Winter Fair in the Square. He also thanked City staff for their hard work to make it happen.
Alderman Zadrozny thanked City staff for their work on the tree lighting.
Alderman Brookman congratulated the staff on the well -attended Holiday Tree Lighting. She
also mentioned the necessity for businesses to keep the sidewalks clear during the upcoming
snow season, and the importance of the City enforcing the upkeep.
Alderman Chester asked Director of CED Carlisle for a status update regarding Caf6 La Cave,
and expressed his regret for the possible loss of a historical part of the City. Alderman Chester
also stated the tree lighting was a positive event and it bought out the Christmas spirit.
Alderman Smith stated the Holiday Tree Lighting was a nice event, and that the lights on the
trees are the best she has ever seen. She also thanked Des Plaines Community Foundation, who
worked with Sysco Foods and Sunrise Grill, to provide Thanksgiving meals to people in need.
Alderman Smith further mentioned the Frisbie Center is hosting a Christmas Dinner for
seniors; individuals must register before December 16, 2022.
Alderman Ebrahimi mentioned his enjoyment of the Holiday festivities over the weekend, and
he thanked everyone involved.
MAYORAL Mayor Goczkowski mentioned that Holiday Tree Lighting and Winter Fair were successful,
ANNOUNCEMENTS and stated how he was grateful for all of the work by the City staff to put together such events.
Mayor Goczkowski introduced American Legion Post 36 to speak regarding a project they
have in planning for the upcoming summer.
Commander Tom Strossner, Ron White, Andy Gasior, and Herman Zelk of American Legion
Post 36 spoke on behalf of the Traveling Korean War Memorial they will be hosting at
Lake Park on June 23, 2022 -June 25, 2022, and of the importance of such memorials.
Alderman Brookman asked if the City will be donating to the American Legion Post 36 for the
Traveling Korean War Memorial.
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Mayor Goczkowski stated the City is planning on matching the donation they previously
provided for Vietnam Traveling Memorial.
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 Chester, 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: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
CONSENT AGENDA Alderman Chester requested Item #14 to be removed from the Consent Agenda.
Alderman Smith requested Item #I to be removed from the Consent Agenda.
Moved by Brookman, seconded by Chester, to Establish the Consent Agenda without Item #I
and Item #14.
Upon voice vote, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Moved by Brookman, seconded by Chester, to Approve the Consent Agenda without Item #1
and #14.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Minutes were approved; License was approved; Ordinances M-36-22, M-37-22 were adopted;
Resolutions R-198-22, R-199-22, R-200-22, R-201-22, R-202-22, R-203-22, R-204-22,
R-205-22, R-211-22 were adopted.
City Clerk Mastalski read the Items which were removed from the Consent Agenda.
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APPROVE & AUTH Alderman Smith requested Item #1 to be removed from the Consent Agenda.
EXPEND OF FUNDS/
IG & LEG ADV Alderman Smith requested further detail regarding the services of Raucci & Sullivan, LLC.
SVCS/ RAUCCI &
SULLIVAN STRAT Mayor Goczkowski stated the lobbyists the City has obtained are the most active and engaged
the City has previously contracted with in the past.
Resolution
R-193-22 City Manager Bartholomew briefly explained the communication process between the
lobbyists and the City.
Alderman Smith, Alderman Chester, and Alderman Brookman stated they would like further
detailed reporting from the lobbyists.
Moved by Oskerka, seconded by Zadrozny, to Approve the Resolution R-193-22 A
RESOLUTION APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS
PURSUANT TO A PROPOSAL FROM RAUCCI & SULLIVAN STRATEGIES, LLC FOR
INTERGOVERNMENTAL AND LEGISLATIVE ADVOCACY SERVICES.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
APPROVE CHG Moved by Brookman, seconded by Chester, to Approve Resolution R-198-22, A
ORD NO 2/ PLAN RESOLUTION APPROVING CHANGE ORDER NO. 2 TO A CONTRACT WITH H.R.
REV & BLDG GREEN, INC. FOR PLAN REVIEW AND BUILDING INSPECTION SERVICES. Motion
INSPECT/ H.R. declared carried as approved unanimously under Consent Agenda.
GREEN
Consent Agenda
Resolution
R-198-22
APPROVE CHG Moved by Brookman, seconded by Chester, to Approve Resolution R-199-22, A
ORD NO 1/ PLAN RESOLUTION APPROVING CHANGE ORDER NO. 1 TO A CONTRACT WITH B&F
REV & BLDG CONSTRUCTION CODE SERVICES, INC. FOR PLAN REVIEW AND BUILDING
INSPECT/ B&F INSPECTION SERVICES. Motion declared carried as approved unanimously under Consent
CONSTR CODE Agenda.
SVCS
Consent Agenda
Resolution
R-199-22
APPROVE AGRMT/ Moved by Brookman, seconded by Chester, to Approve Resolution R-200-22, A
PAY STA MACH/ RESOLUTION APPROVING AN AGREEMENT WITH TOTAL PARKING SOLUTIONS
TOTAL PARK SOL FOR REPLACEMENT OR UPGRADE OF THE MULTI -SPACE PAY STATION
Consent Agenda MACHINES. Motion declared carried as approved unanimously under Consent Agenda.
Resolution
R-200-22
Page 6 of 12 12/5/2022
APPROVE AGRMT/ Moved by Brookman, seconded by Chester, to Approve Resolution R-201-22, A
PURCH OF PUMPS/ RESOLUTION APPROVING AN AGREEMENT WITH FLOWSERVE CORPORATION
FLOWSERVE CORP FOR THE PURCHASE OF PUMPS FOR THE MAPLE STREET PUMPING STATION.
Consent Agenda Motion declared carried as approved unanimously under Consent Agenda.
Resolution
R-201-22
APPROVE PURCH/ Moved by Brookman, seconded by Chester, to Approve Resolution R-202-22, A
FIRE PROT SYS RESOLUTION APPROVING THE PURCHASE OF FIRE PROTECTION SYSTEM
RPT SVCS/ BRYCER INSPECTION, TESTING, AND MAINTENANCE REPORT SERVICES FROM BRYCER,
Consent Agenda LLC. Motion declared carried as approved unanimously under Consent Agenda.
Resolution
R-202-22
APPROVE PURCH/ Moved by Brookman, seconded by Chester, to Approve Resolution R-203-22, A
CARDIAC MON/ RESOLUTION APPROVING THE PURCHASE OF A ZOLL X -SERIES CARDIAC
ZOLL MEDICAL MONITOR FROM ZOLL MEDICAL CORPORATION. Motion declared carried as approved
Consent Agenda unanimously under Consent Agenda.
Resolution
R-203-22
APPROVE PURCH/ Moved by Brookman, seconded by Chester, to Approve Resolution R-204-22, A
FLD PLAIN PROP RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTIES LOCATED IN THE
Consent Agenda FLOOD PLAIN AREA IN DES PLAINES, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Resolution
R-204-22
APPROVE/ GIS Moved by Brookman, seconded by Chester, to Approve Resolution R-205-22, A
PROV/ MUN GIS RESOLUTION APPROVING GIS CONSORTIUM SERVICE PROVIDER CONTRACT
PTRS WITH MUNICIPAL GIS PARTNERS, INC. FOR GEOGRAPHIC INFORMATION
Consent Agenda SYSTEM SUPPORT SERVICES. Motion declared carried as approved unanimously under
Consent Agenda.
Resolution
R-205-22
AUTH CHG IN Moved by Brookman, seconded by Chester, to Approve a Change in Ownership for a B-1
OWNERSHIP/ B-1 Liquor License (Bulk Sales/Off-Site Consumption Only) for TMG Produce, Inc. d/b/a Oak
LIO LIC/ Farms Market, 1045 East Oakton Street. Motion declared carried as approved unanimously
1045 E OAKTON ST under Consent Agenda.
RESCIND R-157-22 Moved by Brookman, seconded by Chester, to Approve Resolution R-211-22, A
& APPROVE RESOLUTION RESCINDING RESOLUTION R-157-22 AND APPROVING THE
PORCH/ FORD PURCHASE OF 11 FORD TRUCKS AS PART OF THE 2023 BUDGET. Motion declared
TRKS carried as approved unanimously under Consent Agenda.
Consent Agenda
Resolution
R-211-22
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SECOND READING/ Moved by Brookman, seconded by Chester, to Approve Ordinance M-36-22, AN
ORDINANCE ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY,
M-36-22 ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2022 AND ENDING
Consent Agenda DECEMBER 31, 2022. Motion declared carried as approved unanimously under Consent
Agenda.
SECOND READING/ Moved by Brookman, seconded by Chester, to Approve Ordinance M-37-22, AN
ORDINANCE ORDINANCE AMENDING THE CITY CODE OF THE CITY OF DES PLAINES AND
M-37-22 THE CITY PURCHASING POLICY REGARDING THE CITY MANAGER PURCHASING
Consent Agenda AUTHORITY. Motion declared carried as approved unanimously under Consent Agenda.
SECOND READING/ Alderman Chester requested Item # 14 to be removed from the Consent Agenda.
ORDINANCE
2x34-22 Advanced to Second Reading by Zadrozny, seconded by Moylan, to Adopt 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 -CU).
No vote.
Alderman Chester stated he was approached today by the petitioner today, and that there were
additional problems the City Council was not aware of when the ordinance was passed on first
reading. He mentioned he would like to talk to the homeowners in the area to see if they are
okay with the changes.
Director of CED Carlisle stated the petitioner is requesting a revision to this ordinance that
would allow business registration and occupancy by the office user before the parking lot
expansion was completed.
A representative from the prospective tenant, Level Motors, spoke on behalf of the petitioner.
Mayor Goczkowski asked if the City can enforce a bond where there is insurance the parking
lot will be completed within a certain timeframe.
Director of CED Carlisle and City Manager Bartholomew agreed that is something the City
can require.
Moved by Chester, seconded by Brookman, to Approve a substitute motion to Defer to the
next City Council meeting on December 19, 2022 and direct staff to implement the bond
requirement, 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 -CU).
Upon voice vote, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
APPROVE Moved by Brookman, seconded by Chester, to Approve the Minutes of the City Council
MINUTES meeting of November 21, 2022, as published. Motion declared carried as approved
Consent Agenda unanimously under Consent Agenda.
NEW BUSINESS
FINANCE & ADMINISTRATION — Alderman Zadrozny, Chair
WARRANT
REGISTER
Resolution
R-206-22
Page 8 of 12
Alderman Zadrozny presented the Warrant Register.
12/5/2022
Moved by Zadrozny, seconded by Brookman, to Approve the Warrant Register of
November 7, 2022 in the Amount of $2,779,966.68 and Approve Resolution R-206-22.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
CONSIDER The City Council held two budget hearings over the 2023 Proposed Budget document. The
APPROVING THE first meeting was held on October 5th and the discussion covered the review of the General
2023 ANNUAL Fund. The second budget meeting was held on October 12th to review the Non -General Funds
BUDGET within the budget document. Within those discussions, the City Council voted and approved
Resolution all expenditures, revenues, and the resulting fund balances to support City services and
R-210-22 projects.
The Fiscal Year 2023 annual budget totals $174M (excluding transfers), a $2.8M or 1.7%
increase over the 2022 Budget. The 2023 Budget increase is primarily attributed to the
increased funding for capital improvements. Included in the $35AM total capital
improvements/investments, $17M is allocated to the City's facilities. Based on the City
Council consensus, the expenditures were increased by $60K due to the approved funding for
the Des Plaines Historical Society.
Staff recommended the City Council adopt the resolution approving the 2023 Budget
document.
Moved by Zadrozny, seconded by Lysakowski, to Approve the Resolution R-210-22, A
RESOLUTION APPROVING THE 2023 ANNUAL BUDGET FOR THE CITY OF DES
PLAINES.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
CONSIDER The Des Plaines Public Library has requested a short-term loan for the 2023 fiscal year in a
APPROVING IGA not to exceed amount of $1 million in order to be able to cover operational costs as a result of
WITH THE the delay in the 2021 second installment of property tax revenue from Cook County.
DES PLAINES
LIBRARY BOARD The expected property taxes from the 2021 levy (received in 2022) for the Library is expected
FOR A SHORT to be $6.1M. Of the $6.1M, the Library has received approximately $3.4M in the first
TERM LOAN installment and applied that amount to general operations. The remaining second installment
Resolution amount, which has not yet been received, is typically 45% of the overall levy, or approximately
R-212-22 $2.7M. Given the significant delay in the second installment of property tax revenue, the
Library is experiencing a cash flow shortage expected in January of 2023.
Presented for City Council consideration is an intergovernmental agreement for a short-term
loan with the following stipulations:
1. Loan Amount — Not to Exceed $1 M
2. Interest/Late Payment Penalty — no interest will accrue on the loan, however, if the
loan amount is not repaid by June 1, 2023 a 5% interest per month will begin to accrue.
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12/5/2022
3. Non-Payment/Performance Security — the loan amount must be repaid in full by
October 31, 2023; failure to do so will result in the City reducing the library amount
of the 2022 levy in the amount of the outstanding loan and collecting that amount
within the City's corporate levy.
4. Promissory note — a promissory note will be prepared by legal counsel and executed
by the Library and the City prior to any funds being transferred.
Staff recommended that the City Council approve Resolution R-212-22.
Alderman Chester stated he hopes this is an exceptional circumstance since there are other
taxing bodies that are encountering the same problems but are not asking the City for a loan.
Jo Bonell, Library Director, spoke on behalf of the Des Plaines Public Library.
Moved by Zadrozny, seconded by Brookman, to Approve the Resolution R-212-22, A
RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE
DES PLAINES LIBRARY BOARD FOR A SHORT TERM LOAN.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Chester, Chair
CONSIDER
Title 10, Chapter 13 of the City Code establishes the fees charged for plan reviews of proposed
AMENDING TITLE
construction projects and building permits that allow those.
10 OF CITY CODE
REGARDING PLAN
Alderman Chester stated he has received request by staff to defer this item.
REVIEW AND
PERMIT FEES
City Manager Bartholomew requested the City Council defer the ordinance indefinitely to
Ordinance
verify it works in conjunction with the new intergovernmental permitting system.
M-35-22
City Council postponed Ordinance M-35-22, AN ORDINANCE AMENDING TITLE 10 OF
THE CITY CODE OF THE CITY OF DES PLAINES REGARDING PLAN REVIEW AND
PERMIT FEES, at the request of staff without objection.
CONSIDER Director of Community & Economic Development Carlisle reviewed a memorandum dated
APPROVING CERT November 22, 2022.
OF RDVLPMT PROJ
COSTS FOR Pursuant to the Amended and Restated Economic Development Incentive Agreement
ORCHARDS AT ("Development Agreement"), dated July 6, 2016, O'Hare Real Estate LLC (ORE), developer
O'HARE DEVEL of Orchards at O'Hare ("Developer"), is seeking approval of a certification request that would
Resolution allow them to receive the incentive portion of the increment from certain parcels within TIF
R-207-22 District No. 7.
The Orchards at O'Hare development area is approximately bounded by Mannheim Road,
Higgins Road (the McDonald's property excluded), the Canadian National Rail Line, and the
I-90 Tollway. After the formation of TIF District No. 7 (2014), ORE acquired the land and
began development, which was approved via a planned unit development (PUD) and Plat of
Subdivision, to construct a hotel with an attached restaurant, gas station and convenience mart,
carwash, and a freestanding restaurant. A convenience mart and gas station, as well as a hotel,
were constructed, although the hotel's attached restaurant area has not been completed or
occupied (the developer has a signed lease with an entity to open two restaurants in this annex
Page 10 of 12 12/5/2022
space: a Cilantro Taco — currently in Rosemont — and a Latin -cuisine seafood restaurant called
Ostras). However, the pad for the freestanding restaurant is still undeveloped, as is the lot that
was contemplated for a carwash. In 2019 the PUD was amended to include the approximately
1.5 -acre parcel (PIN: 09-33-305-020-0000) in the southeast corner of the site at 1620-1630
Higgins Road, which was then improved with a multi -tenant commercial building that
currently has a Panera Bread restaurant.
The Development Agreement established three incentives:
• Sharing of 25%1 of TIF increment for the parcels in the development owned by ORE
(or by an entity controlled by ORE). The total incentive amount cannot exceed $2
million;
• Sharing of 25% of sales tax due to the City generated by businesses in the development
that generate such tax. Total amount cannot exceed $2 million; and
• Sharing of 40% of hotel tax generated by the Holiday Inn Express & Suites. Total
amount cannot exceed $3.5 million.
The subject of this item is specifically the TIF increment portion of the incentive. The incentive
is intended to reimburse the developer for costs that they have already incurred.
Resolution R-207-22 approves the TIF certification request and waives the requirement that
the last redevelopment project cost must have occurred within the past 12 months. If the
resolution is approved, the developer will have fully certified the $2 million in expenses and
will be paid initially for the Tax Year 2017-2020 amounts, then once yearly, in the manner
specified in the development agreement, for all subsequent payments until either the $2 million
total is reached or the term expires (December 31, 2037), whichever happens first.
Patrick Palmer, representative of Prominence Hospitality Group, spoke on behalf of the
petitioner.
Alderman Chester questioned the status of the car wash.
Alderman Brookman asked what assurance the City has that the petitioner will proceed with
their commitment for the investment of the $800,000.00 into the property.
Alderman Oskerka asked the petitioner why they would not stick to the original agreement
with the investment of the $800,000.00.
Alderman Moylan stated he is concerned the funding will not be executed appropriately based
on the previous actions of the petitioner.
Moved by Chester, seconded by Smith, to Approve the Resolution R-207-22, A
RESOLUTION APPROVING CERTIFICATION OF REDEVELOPMENT PROJECT
COSTS FOR ORCHARDS AT O'HARE DEVELOPMENT.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
CONSIDER The Holiday Inn Express and Suites hotel at 3001 Mannheim Road in the Orchards at O'Hare
APPROVING development has been operating a commercial parking lot use\since approximately mid-July
AMENDED TEMP 2021. This activity is not allowed at the C -3 -zoned property without a conditional use permit
ABEYANCE OF and is also not permitted by the Orchards at O'Hare planned unit development approval.
ENFORCE AGRMT However, in 2021 and 2022, the City Council passed two resolutions to enter into and maintain
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BTW THE CITY, a compliance and temporary abeyance of enforcement agreement with the property owner to
PROMINENCE allow the activity to occur. This agreement expired on November 15, 2022.
HOSPITALITY
GROUP, AND The property owner/hotel management have requested to the Council to extend the temporary
O'HARE REAL allowance via an amended agreement for six months to May 15, 2023.
ESTATE LLC
Resolution The amended and extended agreement stipulates the following requirements for property
R-208-22 ownership:
• Remit as required by the Finance Department the $1 -per -car, per -day O'Hare Privilege
Corridor Parking Tax;
• Maintain a Parking Lot Permit from the City as required by Section 7-7-2 of the City
Code in good standing at all times when conducting the Commercial Parking;
• Confine the commercial parking activity to the hotel parcel and the freestanding
restaurant parcel (i.e, "restaurant pad") in the development;
• Prevent commercial parking from interfering with the parking needs of the hotel or
any other development and business activity within the Planned Development
Property, avoiding a parking shortage for any existing use within the development;
• Conduct commercial parking only on a hard, all-weather, dustless surface in
permanently striped parking spaces, with drive aisle widths and parking space
dimensions that comply with Section 12-9- 6 of the Zoning Ordinance;
• Maintain all portions of the Orchards at O'Hare development free of nuisances and
undue service demand from the City of Des Plaines, including but not limited to
property maintenance code enforcement and public safety (Police and Fire); and
• Continue to make all commercially reasonable and diligent efforts to identify and
pursue an entity to develop and operate a freestanding restaurant on the restaurant
parcel, as contemplated in the Redevelopment Agreement for Orchards at O'Hare.
Patrick Palmer, representative of Prominence Hospitality Group, spoke on behalf of the
petitioner.
Alderman Oskerka asked the petitioner what has changed in the last six months that they now
need an extension on the parking permit after previously stating they would not need an
extension past November.
Moved by Chester, seconded by Brookman, to Approve the Resolution R-208-22, A
RESOLUTION APPROVING AMENDED TEMPORARY ABEYANCE OF
ENFORCEMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES,
PROMINENCE HOSPITALITY GROUP, AND O'HARE REAL ESTATE LLC.
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Smith
NAYS: 2 - Oskerka, Ebrahimi
ABSENT: 0 - None
Motion declared carried.
CONSIDER
Director of Community & Economic Development Carlisle reviewed a memorandum dated
APPROVING
November 22, 2022.
TRANSFEREE
ASSUMPTION
The Amended and Restated Redevelopment and Economic Incentive Agreement for Orchards
AGREEMENTS FOR
at O'Hare, approved July 6, 2016 ("RDA"), requires that when subdivided lots within the
LOTS 5 AND 7 IN
development are transferred or sold to an entity other than the original developer, which is
THE ORCHARDS
O'Hare Real Estate LLC ("ORE"), a transferee assumption agreement must be executed.
AT O'HARE
DEVELOPMENT
The Orchards at O'Hare campus is split into multiple lots that are improved or intended to be
Page 12 of 12 12/5/2022
Resolution improved with multiple commercial uses, such as a gas station and convenience mart, carwash,
R-209-22 hotel, and freestanding restaurant. Surface parking and other exterior physical improvements
surround these uses and connect the campus are part of these lots.
The RDA language contemplates that ORE would transfer the lots to other entities, such as
different limited liability corporations (LLCs). However, Exhibit L to the RDA O'Hare Real
Estate should be approved, executed, and recorded to ensure the terms of the RDA are assumed
by any and all of ORE's successors. For this reason, transferee assumption exhibits are typical
for the City's redevelopment agreements.
Moved by Chester, seconded by Zadrozny, to Approve the Resolution R-209-22, A
RESOLUTION APPROVING TRANSFEREE ASSUMPTION AGREEMENTS FOR LOTS
5 AND 7 IN THE ORCHARDS AT O'HARE DEVELOPMENT.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
CLOSED SESSION Mayor Goczkowski stated he would like to entertain a motion for the City Council reconvene
to closed session.
Moved by Chester, seconded by Oskerka 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, and when closed session is adjourned
the City Council will automatically adjourn open session without the need for an additional
vote and no further business in open session.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared unanimously carried.
The City Council recessed at 8:39 p.m.
ADJOURNMENT The meeting adjourned at 9:12 p.m.
ssic . Mastalski — CITY CLE
APPROVED BY ME THIS I ZL
DAY OF , 2022
Andrew Goczkowski, MAYOR