Council Minutes 06-05-23MINUTES 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,
JUNE 5, 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 7:01 p.m. in the Eleanor Rohrbach Memorial Council
Chambers, Des Plaines Civic Center on Monday, June 5, 2023.
ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Sayad,
Brookman, Walsten, Smith, Charewicz. A quorum was present.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski,
Assistant Director of Public Works and Engineering Watkins, 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 Smith.
PROCLAMATION City Clerk Mastalski read a proclamation by Mayor Goczkowski declaring the month of June
as Pride Month.
Mayor Goczkowski presented the proclamation to members of Maine West Gender &
Sexuality Alliance (GSA), Oakton Pride Club, and Speak Des Plaines.
PUBLIC COMMENT Residents Julie Vargas and Miguel Soriano brought up an issue regarding their application
for a concrete permit, and requested further follow-up.
ALDERMAN Alderman Oskerka mentioned the PZB will be hosting a special meeting tomorrow night
ANNOUNCEMENTS from 6:00 p.m. to 8:00 p.m. to discuss the proposed project at the Contour Saws property.
Alderman Sayad thanked the Mayor and the Police Chief for attending the fourth ward
meeting last week. He also acknowledged an award received by the Finance Department.
Alderman Walsten thanked Police Chief Anderson for handling an issue on Fargo Ave, and
thanked the PW&E Department for handling some issues he brought to their attention. He
also stated he received many calls regarding the tattered American flag, and asked General
Counsel Friedman to provide further clarification about possible legislation on the matter.
General Counsel Friedman stated there is a question on whether any government entity has
the authority regulate the American flag; stating he will investigate further and provide an
analysis to the City Council.
Alderman Walsten also stated the American Legion provides a drop off box for tattered
American flags at 1291 Oakwood Street, and they will provide a free flag for anyone who
brings in a tattered American flag.
Alderman Smith stated she had a ward meeting on May 25`h; she thanked the residents who
took the time to come out, and thanked the City representatives for attending. She also stated
the Des Plaines Pantry is need of items such as toilet paper, baby wipes, and diapers sizes 4,
5, and 6; the items can be dropped off at 769 Holiday Lane.
Alderman Charewicz stated he will be hosting eighth ward meetings at Friendship Park
Conservatory starting on August 1, 2023 at 7:00 p.m., and will run the first Tuesday of the
even months; and he is seeking topic suggestions from the residents. He also mentioned the
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Taste of Des Plaines will be June 16-17. Additionally, he stated Izaak Walton League and
Clean Up/Give Back is hosting a clean-up of the forest preserve on June 17th at 9:00 a.m.;
individuals can register online or on site. He also reiterated the upcoming PZB meeting.
MAYORAL Mayor Goczkowski echoed the comments regarding the Taste of Des Plaines and number of
ANNOUCEMENTS other events coming up. He also restated the importance of the PZB meeting tomorrow.
CONSENT AGENDA Moved by Brookman, seconded by Sayad, to Establish the Consent Agenda.
Upon voice vote, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad,
Brookman, Walsten, Smith, Charewicz
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Moved by Smith, seconded by Oskerka, to Approve the Consent Agenda.
Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad,
Brookman, Walsten, Smith, Charewicz
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
*During agenda item, Other Aldermen Comments for the Good of the Order, Alderman
Walsten stated he would have voted "No" on Consent Agenda Item #6.
Minutes were approved; Ordinance M-11-23, Z-10-23 was adopted; Resolutions R-96-23,
R-104-23, R-105-23, R-106-23, R-107-23, R-108-23 were adopted.
SECOND READING/ Moved by Smith, seconded by Oskerka, to Approve Ordinance M-11-23, AN ORDINANCE
ORDINANCE DECLARING AN AMERICA JETTER OWNED BY THE CITY OF DES PLAINES AS
M-11-23 SURPLUS AND APPROVING THE PURCHASE OF A VAC -CON SEWER JETTER
Consent Agenda TRUCK THROUGH SOURCEWELL. Motion declared carried as approved unanimously
under Consent Agenda.
SECOND READING/ Moved by Smith, seconded by Oskerka, to Approve Ordinance Z-10-23, AN ORDINANCE
ORDINANCE APPROVING A CONDITIONAL USE PERMITS TO ALLOW THE OPERATION OF A
Z-10-23 COMMERCIALLY ZONED ASSEMBLY USE AND PRIVATE SCHOOL AT 820-848
Consent Agenda LEE STREET, DES PLAINES, ILLINOIS (Case # 23 -013 -CU). Motion declared carried as
approved unanimously under Consent Agenda.
APPROVE PURCW Moved by Smith, seconded by Oskerka, to Approve Resolution R-104-23, A RESOLUTION
SWITCHES/ ITSAWY APPROVING THE PURCHASE OF CISCO 9300 SERIES SWITCHES FOR CITY HALL
Consent Agenda FROM ITSAVVY LLC. Motion declared carried as approved unanimously under Consent
Agenda.
Resolution
R-104-23
APPROVE Moved by Smith, seconded by Oskerka, to Approve Resolution R-105-23, A RESOLUTION
UPFITTING/ FORD AUTHORIZING THE UPFITTING OF TWO FORD TRUCK CHASSIS FROM
TRKS/ SOURCEWELL REGIONAL TRUCK EQUIPMENT THROUGH SOURCEWELL MUNICIPAL
Consent Agenda PRICING. Motion declared carried as approved unanimously under Consent Agenda.
Resolution
R-105-23
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APPROVE AGRMT/ Moved by Smith, seconded by Oskerka, to Approve Resolution R-106-23, A RESOLUTION
PAVE MARKS/ SUP APPROVING AN AGREEMENT WITH SUPERIOR ROAD STRIPING INC. FOR THE
RD STRIPING 2023 THERMOPLASTIC/EPDXY PAVEMENT MARKINGS AND RAISED
Consent Agenda REFLECTOR PAVEMENT MARKER REPLACEMENT PROJECT, MFT -23 -00000 -06 -
GM. Motion declared carried as approved unanimously under Consent Agenda.
Resolution
R-106-23
APPROVE AGRMT/ Moved by Smith, seconded by Oskerka, to Approve Resolution R-107-23, A RESOLUTION
ELEC MSG BOARD/ APPROVING A CITY MESSAGE AGREEMENT WITH IMAGE MEDIA
IMAGE MEDIA AD ADVERTISING INC. REGARDING AN ELECTRONIC MESSAGE BOARD
Consent Agenda BILLBOARD SIGN ON LOT 4 OF THE MANNHEIM-PRATT COMMERCIAL
DEVELOPMENT. Motion declared carried as approved unanimously under Consent
Resolution Agenda.
R-107-23
APPROVE TSK ORD Moved by Smith, seconded by Oskerka, to Approve Resolution R-108-23, A RESOLUTION
25/ PROF ENG SVCS/ APPROVING TASK ORDER NO. 25 UNDER A MASTER CONTRACT WITH ARGON
ARGON ELECTRIC ELECTRIC COMPANY, INC. FOR PROFESSIONAL ELECTRICAL SERVICES. Motion
Consent Agenda declared carried as approved unanimously under Consent Agenda.
Resolution
R-108-23
APPROVE TSK ORD Moved by Smith, seconded by Oskerka, to Approve Resolution R-96-23, A RESOLUTION
3/ PROF ENG SVCS/ APPROVING TASK ORDER NO. 3 UNDER A MASTER CONTRACT WITH
C. B. BURKE ENG CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR PROFESSIONAL
Consent Agenda ENGINEERING SERVICES. Motion declared carried as approved unanimously under
Consent Agenda.
Resolution
R-96-23
APPROVE Moved by Smith, seconded by Oskerka, to Approve the Minutes of the City Council meeting
MINUTES of May 15, 2023, as published. Motion declared carried as approved unanimously under
Consent Agenda Consent Agenda.
APPROVE Moved by Smith, seconded by Oskerka, to Approve the Closed Session Minutes of the
MINUTES City Council meeting of May 15, 2023, as published. Motion declared carried as approved
Consent Agenda unanimously under Consent Agenda.
NEW BUSINESS
FINANCE & ADMINISTRATION — Alderman Sayad, Chair
WARRANT Alderman Sayad presented the Warrant Register.
REGISTER
Resolution Alderman Sayad questioned items regarding the campground and a television purchase.
R-109-23
Moved by Walsten, seconded by Smith, to Approve the Warrant Register of June 5, 2023
in the Amount of $3,467,989.60 and Approve Resolution R-109-23.
Upon roll call, the vote was:
AYES: 8 - Moylan, Oskerka, Sayad*, Brookman,
Walsten, Smith, Charewicz
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
CONSIDER
APPROVING A 2ND
AMD COMPL AND
TEMP ABEYANCE OF
ENFORCE AGRMT
BTW THE CITY,
PROMINENCE
HOSPITALITY
GROUP, AND
O'HARE REAL
ESTATE LLC
Resolution
Page 4 of 6 6/5/2023
*Alderman Sayad stated he voted "Aye" for all the items on the Warrant Register except for
the purchase of the television listed under the City Manager's Office.
COMMUNITY DEVELOPMENT — Alderman Moylan, Chair
Director of Community & Economic Development Carlisle reviewed a memorandum dated
May 25, 2023.
The Holiday Inn Express and Suites hotel at 3001 Mannheim Road in the Orchards at O'Hare
development has been operating a commercial parking lot use since approximately mid-July
2021. This activity is not allowed at the C -3 -zoned property without a conditional use permit
and is also not permitted by the Orchards at O'Hare planned unit development approval. In
2021 and 2022, the City Council passed three separate resolutions (R-189-21, November 15,
2021; R-110-22, June 20, 2022; and R-208-22, December 5, 2022) to enter into and maintain
a compliance and temporary abeyance of enforcement agreement with the property owner to
allow the activity to occur. The current agreement expired on May 15, 2023.
R-110-23 The property owner/hotel management (Prominence) have submitted a request to the
Council to extend the temporary allowance via an amended agreement, with termination
upon any of the following, whichever comes first: (i) any construction activity on Lot 5 of
the development; (ii) the issuance of occupancy (temporary or permanent) for the proposed
Cilantro Taco/Ostras restaurant, which is connected to the hotel; or (iii) December 31, 2023.
The amended and extended agreement stipulates these requirements for property 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 in good standing at all times when
conducting the Commercial Parking;
• Confine the commercial parking activity to the hotel parcel, Lot 3, and the
freestanding restaurant parcel, Lot 5, 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 Zoning Ordinance; and
• Maintain all portions of the Orchards at O'Hare development free of nuisances and
undue service demand from the City, including but not limited to property
maintenance code enforcement and public safety (Police and Fire)
o Related: To activate the agreement, all property maintenance issues must be
inspected and resolved, and any owed fees or fines must be paid.
Moved by Moylan, seconded by Walsten, to Approve the Resolution R-110-23, A
RESOLUTION APPROVING A SECOND AMENDED COMPLIANCE AND
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: 8 - Lysakowski, Moylan, Oskerka, Sayad,
Brookman, Walsten, Smith, Charewicz
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
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DISCUSSION AND Director of Community & Economic Development Carlisle reviewed a memorandum dated
CONSIDERATION OF May 25, 2023.
A BUSINESS
ASSISTANCE The applicant, The Foxtail on the Lake at 1177 Howard, has applied for $750,000 in
REQUEST FROM assistance. Applicants David Villegas and Tim Canning are ownership partners in The
FOXTAIL ON THE Foxtail on the Lake, an under -construction restaurant within Lakeview Center at 1177
LAKE Howard. Lakeview was formerly Good Shepherd Lutheran Church and is now owned by the
Des Plaines Park District, which will be leasing to Foxtail to operate an approximately
15,500 -square -foot restaurant, which includes a nearly 5,000- square -foot patio seating area
that overlooks Lake Opeka and a dual-purpose kitchen that will not only serve the on-site
dining but also source a catering business. There is an existing location at 5237 Main Street
in Downers Grove (The Foxtail), with a sister restaurant, Cadence Kitchen at 5101 Mochel
Drive in Downers Grove. The applicant began construction at Lakeview Center in early fall
2022 and is expecting to complete construction and open by late summer 2023.
The comprehensive adaptive reuse project includes an approximately 3,000 -square -foot
addition to the north side of the former church building, the conversion of the old sanctuary
to a main dining room with a principal seating area and a mezzanine, and the construction of
the large patio. Given the age and change of use of the building, substantial investment is
required in fire safety infrastructure, utility service, roof repair, and additional structural
support, and construction of a kitchen for a building that did not have one previously. They
have submitted an eligible project budget of $2.28 million.
The applicant has provided three operating pro forma scenarios. These show a projected
sales range of $5.3 to $7.2 million annually, which includes dine -in, catering, and alcohol.
Their submission also provides a snapshot of sales performance for the Downers Grove
business, with three Sundays selected.
The adopted guidelines allow grants to provide up to a 50 percent match of eligible project
cost; the applicant has confined their ask to $750,000. The applicant is pursuing all necessary
building permits and has filed applications for business registration and liquor licenses.
The Aldermen and the Mayor discussed the consideration of the Business Assistance
Request from Foxtail on the Lake.
David Villegas spoke on behalf of the applicants and the business.
The Aldermen progressed with the consideration of motions to provide direction for City
staff in preparation of a draft agreement for official consideration of the request from Foxtail
on the Lake, including: assistance amount, assistance structure, and budget amendment.
Moved by Brookman, seconded by Sayad, to Approve a Motion regarding a $750,000.00
incentive structure with $300,000.00 up front with the remainder in a sales tax sharing
agreement which would be 2% sales tax sharing agreement at 100%.
No Vote.
Moved by Charewicz, seconded by Moylan, to Approve a Substitute Motion that would have
a $200,000.00 upfront with the remaining $550,000.00 to be 50/50 sales tax sharing
agreement.
Upon roll call, the vote was:
AYES: 2 - Moylan, Charewicz
MAYS: 6 - Lysakowski, Oskerka, Sayad,
Brookman, Walsten, Smith
ABSENT: 0 - None
Motion failed.
OTHER MAYOR/
ALDERMEN
COMMENTS FOR
THE GOOD OF THE
ORDER
Page 6 of 6 6/5/2023
Resident Deb Lester asked for further detail regarding the four approved awards and one
pending boost application that has not yet been awarded mentioned in the City
Memorandum.
Moved by Moylan, seconded by Oskerka, to Approve a Substitute Motion for $300,000.00
up front with the 50/50 sales tax sharing agreement for the remainder of the $750,000.00.
Upon roll call, the vote was:
AYES: 3 - Moylan, Oskerka, Charewicz
NAYS: 5 - Lysakowski, Sayad, Brookman
Walsten, Smith
ABSENT: 0 - None
Motion failed.
Moved by Brookman, seconded by Sayad, to Approve a Motion regarding a $750,000.00
incentive structure with $300,000.00 up front with the remainder in a sales tax sharing
agreement which would be 2% sales tax sharing agreement at 100%.
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Oskerka, Sayad,
Brookman, Walsten, Smith
NAYS: 2 - Moylan, Charewicz
ABSENT: 0 - None
Motion declared carried.
Alderman Oskerka gave another reminder about the open house PZB meeting tomorrow.
Alderman Walsten stated he was sidetracked during the consent agenda, and is
uncomfortable with item # 6 due to concerns of how the billboard will affect the residents.
He asked General Counsel Friedman if he can change his vote to "No" for this item only.
General Counsel Friedman explained he could only reconsider the entire consent agenda, or
he can have the minutes reflect his statement.
Alderman Walsten stated he would have voted "No" on Consent Agenda Item #6.
ADJOURNMENT Moved by Sayad, seconded by Brookman to adjourn the meeting. Upon voice vote, motion
declared carried. The meeting adjourned at 8:30 p.m.
(�� N
J ssic . Mastalski — CITY)CLERK
APPROVED BY ME THIS 19th
DAY OF June , 2023
i!
f
Andrew Goczkowski, MAYOR