Council Minutes 04-17-23MINUTES 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,
APRIL 17, 2023
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 6:04 p.m. in the Eleanor Rohrbach Memorial Council Chambers,
Des Plaines Civic Center on Monday, April 17, 2023.
ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi. A quorum was present.
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.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith, Ebrahimi
MAYS: 0 - None
ABSENT: 0 - None
Motion declared unanimously carried.
The City Council recessed at 6:04 p.m.
The City Council reconvened at 7:00 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
PLEDGE
PUBLIC HEARING/
CONSIDER
AMENDING THE
ZONING
ORDINANCE
REGARDING TEMP
COMM MOBILE
RADIO AND
WIRELESS
TELECOM SVC
FAC
Ordinance
Z-8-22
The prayer and the Pledge of Allegiance to the Flag of the United States of America were
offered by Alderman Chester.
MINUTES OF THE PUBLIC HEARINGS HELD IN THE ELEANOR ROHRBACH
MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER. MONDAY,
APRIL 17.2023
Mayor Goczkowski called the Public Hearing for reconsideration of Ordinance Z-8-23, an
ordinance amending the text of the zoning ordinance of the City of Des Plaines regarding
temporary commercial mobile radio and wireless telecommunications service facilities (case#
23 -016 -TA), to order at 7:01 p.m.
Director of Community and Economic Development Carlisle reviewed a memorandum dated
April 6, 2023.
The City Council is holding a public hearing to consider the following text amendments to the
Zoning Ordinance: (i) amend Section 12-8-5, "Commercial Mobile Radio and Wireless
Telecommunications Service Facilities" to reference a new allowance for the temporary
installation of one facility as a temporary use; and (ii) amend Section 12-8-11, "Temporary
Uses", to allow "Temporary Commercial Mobile Radio and Wireless Telecommunications
Service Facilities" as a temporary use on lots improved with an existing lawfully established
Commercial Mobile Radio and Wireless Telecommunications Service Facility, with various
Page 2 of 12 4/17/2023
limitations.
The City of Des Plaines is proposing amending the Zoning Ordinance to add "Temporary
Commercial Mobile Radio and Wireless Telecommunications Service Facilities" as a new
permitted temporary use. The specific amendments include regulations intended to identify
and restrict the quantity, height, location, and duration of this type of structure.
Temporary Commercial Mobile Radio and Wireless Telecommunications Service Facilities
A Commercial Mobile Radio and Wireless Telecommunication Service Facility—which
includes cell towers/monopoles as well as antennae mounted to building and other structures
such as water towers—is a common piece of infrastructure found throughout municipalities to
handle various forms of wireless communication.
Moved by Brookman, seconded by Chester, to Approve as amended, including an enforcement
provision, the Ordinance Z-8-23, AN ORDINANCE AMENDING THE TEXT OF THE
ZONING ORDINANCE OF THE CITY OF DES PLAINES REGARDING TEMPORARY
COMMERCIAL MOBILE RADIO AND WIRELESS TELECOMMUNICATIONS
SERVICE FACILITIES (CASE# 23 -016 -TA).
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 7:13 p.m.
PUBLIC COMMENT Jim Hansen congratulated the aldermen who were reelected, and thanked the outgoing
aldermen for all of their hard work. He also asked about the issues at the Welkin building
which have not yet been addressed; including the issue of dog droppings on Ellinwood.
ALDERMAN Alderman Chester acknowledged the candidates of the election. He also stated it has been a
ANNOUNCEMENTS privilege serving as Alderman, and thanked the elected officials and staff.
Alderman Smith thanked Donna Adams and her volunteers for all that she does with Clean
Up/Give Back. She also acknowledged the Community Foundation for their hard work serving
the community.
Alderman Ebrahimi also thanked the City as well, and expressed gratitude for his time on the
City Council.
MAYORAL Mayor Goczkowski congratulated the Des Plaines Chamber of Commerce on a successful gala
ANNOUCEMENTS this past weekend.
CONSENT AGENDA Alderman Brookman requested Item #3 to be removed from the Consent Agenda.
Moved by Brookman, seconded by Oskerka, to Establish the Consent Agenda without Item
#3.
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.
Page 3 of 12 4/17/2023
Moved by Brookman, seconded by Chester, to Approve the Consent Agenda without Item #3.
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.
License was approved; Minutes were approved; Resolutions R-78-23, R-79-23 were adopted.
City Clerk Mastalski read the item removed from the consent agenda.
APPROVE AGRMT/ Moved by Brookman, seconded by Chester, to Approve Resolution R-78-23, A
ASPHALT CRACK RESOLUTION APPROVING AN AGREEMENT WITH DENLER, INC. FOR THE 2023
SEAL/ DENLER ASPHALT CRACK SEALING-FIBERIZED PROGRAM. Motion declared carried as
Consent Agenda approved unanimously under Consent Agenda.
Resolution
R-78-23
AUTH UPFITTING Moved by Brookman, seconded by Chester, to Approve Resolution R-79-23, A
TRKS/ REGIONAL RESOLUTION AUTHORIZING THE UPFITTING OF FOUR FORD TRUCKS FROM
TRK EQUIP/ REGIONAL TRUCK EQUIPMENT THROUGH SOURCEWELL MUNICIPAL PRICING.
SOURCEWELL Motion declared carried as approved unanimously under Consent Agenda.
Consent Agenda
Resolution
R-79-23
SECOND READING/ Item #3 was removed from the Consent Agenda at the request of Alderman Brookman.
ORDINANCE
M-10-23 Alderman Brookman stated the property is in disrepair and the repairs should be made before
Consent Agenda this ordinance is approved.
Moved by Brookman, seconded by Lysakowski, to Defer Ordinance M-10-23 to a date in the
future until property repairs are completed to the satisfaction of the City Council, AN
ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "M" LIQUOR
LICENSE.
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.
AUTH CHG IN Moved by Brookman, seconded by Chester, to Approve a Change in Liquor License
OWNERSHIP/ LIO Ownership for Georges Liquor & Tobacco, Inc., 1185 Elmhurst Road. Motion declared carried
LIC/ 1185 as approved unanimously under Consent Agenda.
ELMHURST RD
APPROVE Moved by Brookman, seconded by Chester, to Approve the Minutes of the City Council
MINUTES meeting of April 3, 2023, as published. Motion declared carried as approved unanimously
Consent Agenda under Consent Agenda.
Page 4 of 12 4/17/2023
APPROVE Moved by Brookman, seconded by Chester, to Approve the Closed Session Minutes of the
MINUTES City Council meeting of April 3, 2023, as published. Motion declared carried as approved
Consent Agenda unanimously under Consent Agenda.
UNFINISHED
BUSINESS
CONSIDER
Director of Community & Economic Development Carlisle reviewed a memorandum dated
AUTHORIZING
January 5, 2023
THE ACQUISITION
THROUGH
The City Council has provided direction to City Staff and the General Counsel to move forward
CONDEMNATION
with the acquisition of the Property located at 1504 Miner Street. Since that direction was
OF FEE SIMPLE
given, the City has been attempting to engage the owner of the Subject Property in negotiations
TITLE TO THE
with the goal of reaching a mutual agreement on a price at which the owner would be willing
PROPERTY
to sell the Subject Property to the City and at which the City would be willing to purchase the
LOCATED AT 1504
Property from the owner.
MINER ST
Ordinance
The City intends to make a best and final offer in an effort to acquire the Subject Property at a
M-3-23
fair price in a voluntary transaction.
NEW BUSINESS
The owner of the property spoke on his own behalf. He stated the City staff shopped around
their potential tenant to other locations, and the City offered the potential tenant more funds if
they made an offer on a different property.
Alderman Brookman stated the City is giving more grant funds than mentioned being offered
to the potential tenant and she would like to defer a couple weeks in order for the owner to go
back to the tenant.
Alderman Moylan stated he does not want to give more than two weeks because the owner has
not been a good neighbor.
Alderman Oskerka asked for proof from the owner of the accusations because believes such
actions by staff withholding such information would be a termination level event.
The property owner stated he would be able to get affidavits stating as such.
City Manager Bartholomew stated the accusations by the property owner are not true.
Moved by Brookman, seconded by Smith, to Defer the Ordinance M-3-23 to the second
meeting in June 2023, AN ORDINANCE AUTHORIZING THE ACQUISITION THROUGH
CONDEMNATION OF FEE SIMPLE TITLE TO THE PROPERTY LOCATED AT 1504
MINER STREET.
Upon voice vote, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Ebrahimi
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
FINANCE & ADMINISTRATION — Alderman Zadrozny, Chair
WARRANT Alderman Zadrozny presented the Warrant Register.
REGISTER
Page 5 of 12 4/17/2023
Resolution Moved by Zadrozny, seconded by Smith, to Approve the Warrant Register of April 17, 2023
R-80-23 in the Amount of $3,663,070.10 and Approve Resolution R-80-23.
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 stated without objection there will be a change in the agenda, addressing
#3 and #4 before #2.
COMMUNITY SERVICES — Alderman Ebrahimi, Chair
CONSIDER AUTH As part of the FY2023 Budget, City Council allocated $210,000.00 for disbursement to social
THE DISBMT OF service agencies that provide services to Des Plaines residents in need. The Health and Human
SOCIAL SVCS Services Division (HHS) has solicited and evaluated grant requests from social service
FUNDS agencies that serve the Des Plaines community. At this time, HHS seeks the City Council
Resolution concurrence with the funding allocation as recommended.
R-82-23
Alderman Ebrahimi stated he would like to increase the funding for MaineStay to $12,000.00.
Alderman Chester stated he will vote for the increase, but he believes such increases should be
addressed as part of the budget.
CONSIDER
APPROVING AN
EIGHTH AMEND
TO THE CITY
MANAGER
EMPLOYMENT
AGRMT
Resolution
R-83-23
Moved by Ebrahimi, seconded by Oskerka, to Approve, as amended increasing the funding for
MaineStay to $12,000.00, the Resolution R-82-23, A RESOLUTION AUTHORIZING THE
DISBURSEMENT OF SOCIAL SERVICES FUNDS TO THIRTY-EIGHT SOCIAL
SERVICE AGENCIES.
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.
LEGAL & LICENSING — Alderman Brookman, Chair
City Council considered the resolution and eighth amendment to the City Manager's
employment agreement.
The amendment would incorporate a 2% increase to the base compensation with a one-time
$7,000.00 bonus.
Tom Lovestrand requested Alderman Brookman to make a motion to defer to the next meeting
so the information can be included in the packet public review.
Mark P. stated the downtown is a disaster, and is against the Graceland/Webford building; he
believes the City needs new management and the City Manager should not be given a raise.
Moved by Brookman, seconded by Chester, to Approve, as amended to incorporate a 2%
increase to the base compensation and a one-time $7,000,00 bonus, the Resolution R-83-23, A
RESOLUTION APPROVING AN EIGHTH AMENDMENT TO THE CITY MANAGER
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND
MICHAEL G. BARTHOLOMEW.
Page 6 of 12 4/17/2023
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
Pursuant to City Council Resolution R-21-23, a referendum was placed on the ballot for the
AMENDING THE
April 4, 2023 election ("Referendum"). The Referendum asked whether the City of Des Plaines
CITY CODE
should prohibit all of its elected officials from serving more than two total terms, whether
REGARDING TERM
consecutive or not. Based on Cook County voting results, the Referendum passed by a vote of
LIMITS
64% Yes to 36% No.
Ordinance
M-84-23
The City Attorney has prepared the attached ordinance implementing the Referendum. The
following is an explanation of how the previously existing term limit restriction set forth in the
City Code and the new term limit restrictions imposed by the Referendum will apply to present
and future elected officials.
I. Term Limit Restrictions and General Principles.
• The existing term limit restriction in the City Code that prohibits an elected official
from serving two consecutive four-year terms ("Existing Consecutive Limit")
continues to apply to all elected officials currently, or in the future, holding office.
• The new term limit restriction approved by Referendum that prohibits an elected
official from serving more than two total four-year terms ("New Total Limit") applies
prospectively only, starting with the terms that will commence in May 2023. This
means that any existing term or terms served prior to the Referendum do not count in
applying the New Total Limit.
• Under State statute, term limits apply to each elected office separately. So, an
individual that serves two total terms as Clerk, may serve two terms as an Alderman,
and also two terms as Mayor.
II. Application of Term Limits.
The following explains how these term limit restrictions will apply.
• Scenario One: For a non -incumbent who starts their first term as Alderman in May
2023, the New Total Limit applies. Thus, this Alderman -elect may only hold the office
of Alderman for two total terms, whether consecutive or not. The term starting in May
2023 counts as one of those two terms. This Alderman -elect could serve two
consecutive terms as Alderman, or this Alderman could serve one term, then go off
the Council, and then come back to serve one additional term, for a total of two total
terms. Any terms served previously by this individual would not count toward the New
Total Limit.
• Scenario Two: For an incumbent Alderman who has just been reelected to a second,
consecutive term as Alderman — This Alderman is still bound by the Existing
Consecutive Limit. This means that this Alderman must step down after completing
their upcoming second consecutive term because more than two consecutive terms are
still prohibited. However, this Alderman's immediately preceding term and any prior
terms before that do not count toward the New Total Limit. This means that after
completing the upcoming second consecutive term, and after taking time off from the
Council, this Alderman could run again for one additional term.
• Scenario Three: For an Alderman in the middle of their first term as Alderman in May
2023 -- This Alderman is still bound by the Existing Consecutive Limit. This means
that this Alderman could be elected to an additional term following the existing term.
After that, this Alderman would have to step down because more than two consecutive
terms are still prohibited. However, this Alderman's existing term does not count
Page 7 of 12
4/17/2023
toward the New Total Limit. This means that after completing the two consecutive
terms (only the second of which counts toward the New Total Limit), and after taking
time off from the Council, this Alderman could run again for one additional term.
Scenario Four: For an Alderman in the middle of their second consecutive term as
Alderman in May 2023- This Alderman is still bound by the Existing Consecutive
Limit. This means that this Alderman must step down after completing their current,
second consecutive term because more than two consecutive terms are still prohibited.
However, this Alderman's existing term and any prior terms do not count toward the
New Total Limit. This means that after completing the current, second consecutive
term, and after taking time off from the Council, this Alderman could run again for
two additional terms, whether consecutive or not.
Alderman Brookman pointed out a mistake in the memo. She also stated she was against this
referendum from the beginning and did not vote for it. She also stated she believed the wording
of the referendum was confusing, and the election of the previous Aldermen attests to that
confusion.
Paul Beranek stated the people voted, and the outcome is not stipulated on a certain the
percentage of voters coming out to vote.
Moved by Zadrozny, seconded by Ebrahimi, to Approve the Ordinance M-84-23, AN
ORDINANCE AMENDING THE CITY CODE REGARDING TERMS LIMITS.
Upon voice vote, the vote was:
AYES: 6 - Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 2 - Lysakowski, Brookman
ABSENT: 0 - None
Motion declared carried.
COMMUNITY DEVELOPMENT — Alderman Chester, Chair
CONSIDER
Director of Community & Economic Development Carlisle reviewed a memorandum dated
APPROVING A
April 6, 2023.
FINAL PLAT OF
SUBDIVISION FOR
The applicant is requesting a Final Plat of Subdivision to consolidate three existing lots of
THE GRACELAND/
record on the subject property into one, as required by Section 13-1-2 of the Subdivision
WEBFORD
Regulations.
SUBDIVISION
Resolution
Due to the PZB's original denial of the Tentative Plat of Subdivision in 2022, the applicant
R-74-23
submitted a new combined Tentative and Final Plat to consolidate the three lots of record on
the subject property into one.
Just west of the subject property is 1330 Webford Avenue, which would serve as an open -to -
the -public park. However, 1330 Webford is a different zoning lot from 622 Graceland and
1332-1368 Webford, and is a separate and individual lot of record. Therefore, 1330 Webford
is not required under Section 13-1-2 to be included in the proposed subdivision.
The Tentative and Final Plat of Subdivision shows the following easements and building lines:
(i) a 50 -foot -wide permanent and perpetual easement for public space on property at 1330
Webford (cross -hatched area); (ii) an approximately 3,000 -square -foot permanent and
perpetual easement for public space just north of the sidewalk easement in the southern portion
of proposed Lot 1; (iii) a 10 -foot -wide public utilities and drainage easement on 1330 Webford
Avenue (double cross -hatched area); (iv) a 20 -foot building line extending across the proposed
public park property at 1330 Webford; (v) a 25 -foot building line, to reflect the required side
Page 8 of 12 4/17/2023
yard for the C-5 district, extending approximately 90 feet along Webford where the subject
property is adjacent to residentially -zoned property; (vi) a 5 -foot building line, to also reflect
the required side yard for the C-5 district, extending approximately 200 feet along Webford
where the subject property is adjacent to commercially -zoned property; (vii) a 7 -foot public
sidewalk easement extending along the south property line along Webford; (viii) an
approximately 3 -foot -wide public utilities and drainage easement in the northwestern corner
of the proposed Lot 1; (ix) a 16.5 -foot -wide stormwater detention area; and (x) various public
utilities and drainage easements throughout the proposed Lot 1.
The PZB voted 4-1 to approve of the Tentative Plat and approve the forwarding of the Final
Plat to City Council.
Should the Council vote to approve the request, staff and the PZB recommend the following
conditions, which are incorporated in the approving resolution:
1. That construction -level street lighting detail as required in the attached Engineering
memo is provided and approved by the PWE Department prior to issuance of any
building or right-of-way permits.
2. That the parkland dedication and fee in lieu amount must be approved by the City
Council by resolution duly adopted.
Joe Taylor, with Compasspoint Development, spoke on behalf of the development.
Tom Lovestrand listed reasons on why the City Council should not approve the Final Plat for
this development, and asked the Aldermen to please vote no.
Jim Hansen stated the City should hold the developer accountable, especially for future issues
that may arise.
Phil Rominski asked about the asbestos removal, and the realistic timeframe of construction.
He stated he is worried about how he believes the developer does not care about the
neighborhood, and is not following through with promises.
Mark P. stated there should not be a focus on restaurants, there should be a focus on residents
and the neighborhoods. He asked the City to put this type of development in another area of
the City, and stated the Aldermen are violating the trust of their residents.
Marian Cosmides focused on the obligations of the City Council to the residents, and stated
reasons why she believes these obligations have not been occurring in terms of this project.
Deb Lester stated residents should be allowed five minutes for each resolution. She also
addressed the safety issues of the development. She asked the demolition permit to not be
approved until the safety issues and traffic study are readdressed.
The attorney for the developer stated the City staff is responsible for confirming the safety
requirements.
Rick Grubbs stated this is like trying to fit ten pounds of mud into a five -pound bag, and the
development does not belong there.
Catherine Aiura stated she believes it is unacceptable there is only ten feet from the current
property lines to the new development; she is requesting Des Plaines to become family oriented
again.
Resident George stated he really would like to see this building go up, and he would like to
see further development like this in Des Plaines.
Page 9 of 12 4/17/2023
Moved by Chester, seconded by Moylan, to Approve the Resolution R-74-23, A
RESOLUTION APPROVING A FINAL PLAT OF SUBDIVISION FOR THE
GRACELAND/WEBFORD SUBDIVISION INCLUDING 622 GRACELAND AVENUE
AND 1332-1368 WEBFORD AVENUE, DES PLAINES, ILLINOIS.
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Zadrozny,
Brookman, Chester, Ebrahimi
NAYS: 2 - Oskerka, Smith
ABSENT: 0 - None
Motion declared carried.
*Alderman Smith stated upon reconsideration she would have voted aye rather than nay for
Resolution R-74-23.
CONSIDER
Director of Community & Economic Development Carlisle reviewed a memorandum dated
APPROVING
April 10, 2023.
CREDITS AND
PAYMENT OF A
Chapter 13-4 of the Subdivision Regulations requires that as a condition of a Final Plat of
FEE -IN -LIEU IN
Subdivision, if the project subject to the subdivision results in 15 or more residential dwelling
SATISFACTION OF
units, the developer must fulfill an obligation (i) to provide public park land; (ii) to pay a fee
PARK LAND
in lieu of; or (iii) a combination of both. The proposed project is subject to the requirement.
REQUIREMENT
The method to fulfill the requirement is based on a recommendation of the public body with
Resolution
jurisdiction over parks and recreation — in this case, the Des Plaines Park District — but in an
R-75-23
amount at the final determination of the City Council. The Regulations provide for an
opportunity to seek credits, or reductions to the full obligation, based on amenities provided
within site and floor plans for the development. The applicant has provided plans to seek
credits/reductions to the full obligation.
Applicant Mylo Residential Graceland Property, LLC (formerly 622 Graceland Apartments,
LLC, with Joe Taylor of Compasspoint Development as Manager) is proposing to provide a
combination of open -to -the -public park/open space and private recreational amenity space as
part of a proposed mixed-use development. As presented in the Council's 2022 consideration
and ultimate approval of a zoning map amendment to accommodate the project (Ordinance Z-
23-22), the mixed-use development contains 131 multifamily dwelling units: 17 studios, 103 -
one -bedrooms, and 11 two -bedrooms. This results in an obligation of approximately 1.23 acres
of parkland dedication, or $289,023.36 as an equivalent full fee -in -lieu.
As part of the 2022 approvals, the developer is required to purchase the property at 1330
Webford, demolish the existing building ("the Dance Building"), and repurpose the site as an
approximately 9,000 -square -foot park. As its own zoning lot and lot of record, legal
instrument(s) — any covenants as deemed necessary by the General Counsel — would be
recorded against the 1330 Webford property to ensure the developer or any future owners
would be bound to maintain and provide this park to the public. The programming proposed
for 1330 Webford includes seating near Webford, ample plantings along the west lot line, an
event lawn, and a play area to the far north, which would be enclosed by a barrier to ensure no
conflicts with the railroad tracks to the north.
Additionally, an approximately 3,000 -square -foot publicly accessible park/open space
between the parking garage and the Webford sidewalk is proposed. Neither the 1330 Webford
park nor the space south of the garage would be transferred in title to a public entity; they
would remain privately owned.
The Des Plaines Park District reviewed the plans, and its executive director has provided a
recommendation memo. The memo expresses the District is not interested in taking title to the
1330 Webford property through a literal land dedication. However, the Council may determine
Page 10 of 12 4/17/2023
in its action that the legal arrangement envisioned — permanently recorded easements and
covenants for public access — would fulfil the spirit of "dedication." The approving resolution
includes a waiver from the provisions of the Subdivision Regulations requiring transfer of title.
However, the memo also expresses that the District's recommendation for final, reduced fee
in lieu is $177,104.52. The District recommends reducing the obligation based on (i) the 1330
Webford park; (ii) the fitness area; (iii) the pool deck; and (iv) the outdoor terrace on the top
floor. They did not recommend reduction/credits based the open -to -the -public open space area
between the garage and the Webford sidewalk, the indoor lounge adjacent to the pool, or the
indoor multimedia game lounge on the top floor.
Deb Lester mentioned questioned the square feet of the public park, and the credit should be
adjusted accordingly. She also questioned the other credits given.
Alderman Brookman questioned the developer on promises they made on issues such as the
fence and brick facade, and requested an explanation on their follow through.
Joe Taylor, with Compasspoint Development, spoke on behalf of the development and
answered Aldermen questions.
Alderman Smith asked questioned regarding the train vibrations affecting the structure and
safety of the building.
Joe Taylor stated their structural engineers studied vibrations for the train, and determined the
actual structure design is in accordance with the with applicable codes and requirements. He
stated there is no concern there; and that he does not believe public works, or the building
department have additional concerns. He stated the building is currently designed to building
codes.
Janet Bar asked if the public will have access to the spaces of the building in which the
developer will get credit, such as the pool.
Director of CED Carlisle and Mayor Goczkowski gave explanation on credit for these areas,
and stated these spaces will not be open to the public.
Attorney for the developer spoke on behalf of the developer regarding the credits.
Moved by Chester, seconded by Zadrozny, to Approve, as amended to allot the higher amount
of revenue for the park district in the amount of $177,104.52, the Resolution R-75-23, A
RESOLUTION APPROVING CREDITS AND PAYMENT OF A FEE -IN -LIEU IN
SATISFACTION OF CITY'S PARK LAND DEDICATION REQUIREMENT (622
GRACELAND AVENUE & 1330-1368 WEBFORD AVENUE). No vote.
Moved by Oskerka, seconded by Moylan, to Approve an amendment to the amendment, to
include language encouraging the park district to examine using these funds for Potawatomie
Park, as a provision to the Resolution R-75-23, A RESOLUTION APPROVING CREDITS
AND PAYMENT OF A FEE -IN -LIEU IN SATISFACTION OF CITY'S PARK LAND
DEDICATION REQUIREMENT (622 GRACELAND AVENUE & 1330-1368 WEBFORD
AVENUE).
Upon roll call, the vote was:
AYES: 5 - Moylan, Oskerka, Zadrozny,
Chester, Ebrahimi
NAYS: 3 - Lysakowski, Brookman, Smith
ABSENT: 0 - None
Motion declared carried.
Page 11 of 12 4/17/2023
Moved by Chester, seconded by Zadrozny, to Approve, as amended to allot the higher amount
of revenue for the park district in the amount of $177,104.52 with the amendment to the
amendment to include language encouraging the park district to examine using these funds for
Potawatomie Park, the Resolution R-75-23, A RESOLUTION APPROVING CREDITS AND
PAYMENT OF A FEE -IN -LIEU IN SATISFACTION OF CITY'S PARK LAND
DEDICATION REQUIREMENT (622 GRACELAND AVENUE & 1330-1368 WEBFORD
AVENUE). No vote.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Oskerka, Zadrozny, Brookman,
Chester, Smith, Ebrahimi
NAYS: 1 - Moylan
ABSENT: 0 - None
Motion declared carried.
CONSIDER Director of Community & Economic Development Carlisle reviewed a memorandum dated
APPROVING April 10, 2023.
CREDITS AND
PAYMENT OF A Mylo Residential Graceland Property, LLC (formerly 622 Graceland Apartments, LLC; Joe
FEE -IN -LIEU IN Taylor of Compasspoint Development as Manager) is the developer of the proposed
SATISFACTION OF Graceland-Webford mixed-use project and contract purchaser of the City -owned property at
PARK LAND 1332 Webford Avenue. Pursuant to the purchase and sale agreement ("PSA") approved by the
REQUIREMENT City Council in 2022, the City and developer must enter into a Development Agreement
Resolution ("Agreement") governing the proposed project for the transaction to be executed. The
R-76-23 Council's approval of the attached resolution will authorize the City to enter into the
Agreement.
The Development Agreement provides a framework for how the proposed project is proposed
to be built and move through the phases of permitting, construction, and occupancy. Further,
the Agreement is a mechanism for the City to reinforce certain requirements of the City Code,
such as providing necessary public improvements in adjacent public right-of-way and the
performance security guaranteeing completion. The Agreement also incorporates exhibits
showing building materials and design, park/open space programming, and landscaping to
ensure the project will fulfill the vision and expectations that inspired the Council's initial
approval in 2022. The components of the Agreement address: Development Plans; Public
Improvements and Performance Security; Construction Logistics: Demolition and Traffic
Management; Occupancy: Temporary and Final; Diligent Pursuit of Construction; and
Governing Documents.
The attorney for the developer requested the City to waive some of the building fees.
Alderman Lysakowski and Alderman Zadrozny stated do not agree with waving the fees.
Alderman Moylan stated he is for waving the fees.
Paul Beranek asked if the fees can be given back after there is verification on the proper
completion of the project.
Alderman Oskerka stated would be more inclined to reimburse the fees once the retail space is
open.
Joe Taylor spoke on his behalf regarding the amount spent versus the fee amounts they are
requesting to be waived.
Tom Lovestrand stated there are risk factors in development, and giving relief is a burden on
taxpayers.
Page 12 of 12 4/17/2023
Deb Lester asked if the demolition permit can be withheld until [DOT and all third -party
agencies give approval.
Joe Taylor spoke regarding the IDOT permit process and the process of demolition.
Moved by Chester, seconded by Moylan, to Approve, as amended to incorporate the higher
park district number from the last vote of $177,104.52 and to incorporate the waiving of
building permit fees for in house services, the Resolution R-76-23, A RESOLUTION
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DES
PLAINES AND MYLO RESIDENTIAL GRACELAND PROPERTY LLC (622
GRACELAND AVENUE & 1330-1368 WEBFORD AVENUE).
Upon roll call, the vote was:
AYES: 6 - Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 2 - Lysakowski, Zadrozny
ABSENT: 0 - None
Motion declared carried.
Alderman Smith asked Joe Taylor to clean off the cement that is on the wall off of Graceland
on the Welkin building.
Joe Taylor stated it will be painted once the weather clears up.
ADJOURNMENT Moved by Chester, seconded by Oskerka to adjourn the meeting. The meeting adjourned at
10:20 p.m.
kss/ia M. Mastals ' — CI CLERK
APPROVED BY ME THIS 1st
DAY OF May 12023
Andrew Goczkowski, MAYOR