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Council Minutes 05-17-21MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD VIA ZOOM VIDEO CONFERENCE ON MONDAY, MAY 17, 2021 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was called ORDER to order by Mayor Goczkowski at 7:01 p.m. The meeting was lived -streamed via: http://desplaines.org/accessdeplaines and played on DPTV Channel 17 on Monday, May 17, 2021. ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith. A quorum was present. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Public Works and Engineering Oakley, Community and Economic Development Director McMahon, Fire Chief Anderson, Police Chief Anderson, and General Counsel Friedman. PRAYER AND The prayer was offered by Alderman Zadrozny followed by the Pledge of Allegiance PLEDGE to the Flag of the United States of America offered by Alderman Zadrozny. PUBLIC The City of Des Plaines continues to follow social distancing requirements. In COMMENT response to the risks created by the COVID-19 outbreak, Governor Pritzker issued Executive Order 2020-07 on March 16, 2020, suspending the Open Meetings Act provision relating to in-person attendance by the members of the public body. Tonight's meeting is allowed to be conducted via video conferencing. Public comments were allowed to be emailed to publiccomments@desplaines.org or phoned in to the City Clerk's Office by 5:00 p.m. on May 17, 2021. Twenty-five public comments were submitted to the City Council and are included as Exhibit A. Resident John Maag welcomed the new City Council, advocated for resident participation, and reminded Senior Citizens who need any type of assistance to contact the Center for Concern. Resident Wayne Serbin congratulated the new City Council, and expressed hope for an amicable relationship between the residents and elected officials. Resident Bill Christiansen, president of Vietnam Veterans of America Chapter 311 congratulated the new City Council, and invited everyone to the Memorial Day Service at Lake Park Memorial Pavilion (Lake Opeka) — May 31, 2021 at 11:00 a.m. ALDERMEN Alderman Moylan requested a further review of the possibility of a 4`h of July Parade ANNOUNCEMENTS due to the lifting of state COVID-19 restrictions. City Manager Bartholomew will reconvene with the City Council at a later date regarding 4`h of July activity options. The Frisbie Senior Center is having a golf outing on May 21, 2021. The Fall Fest is occurring this year; and there is optimism regarding the progress being made with Forest Ave street improvements. Page 2 of 9 05/17/21 Alderman Chester is concerned with speeding in Des Plaines; he requests the City Council seek options to rectify the issue. MAYORAL On March 16, 2020, a Declaration of Civil Emergency for the City of Des Plaines ANNOUNCEMENTS 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 July 29, 2020. Mayor Goczkowski presented an extension to the Declaration of Civil Emergency. The current Declaration will be amended to be consistent with Illinois Governor Pritzker's Executive Orders. Moved by Lysakowski, seconded by Chester, to extend the March 16, 2020 Declaration of Civil Emergency until the adjournment of the next regular, special, or emergency meeting of the City Council. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith NAYS: 0 - None ABSENT: 0 - None Motion declared carried. CONSENT Moved by Chester, seconded by Oskerka, to establish the Consent Agenda. AGENDA Upon voice vote, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Moylan, seconded by Smith, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Minutes were approved; Resolutions R-85-21, R-86-21, R-88-21, R-92-21, R-93-21 were adopted. Page 3 of 9 05/17/21 APPROVE Moved by Moylan, seconded by Smith to Approve Resolution R-85-21, A PROPOSAL/ RESOLUTION APPROVING AN AGREEMENT WITH THE DES PLAINES PARK CHRISTOPHER B. DISTRICT AND CHRISTOPHER B. BURKE ENGINEERING LTD. FOR BURKE PROFESSIONAL ENGINEERING SERVICES RELATED TO LAKE PARK. ENGINEERING, Motion declared carried as approved unanimously under Consent Agenda. LTD: Consent Agenda Resolution R-85-21 APPROVE Moved by Moylan, seconded by Smith to Approve Resolution R-86-21, A AMENDMENT TO RESOLUTION APPROVING THE FIRST AMENDMENT TO THE AGREEMENT AGREEMENT/ WITH TPI BUILDING CODE CONSULTANTS FOR PROFESSIONAL /TPI BUILDING INSPECTION AND PLAN REVIEW SERVICES. Motion declared carried as CODE approved unanimously under Consent Agenda CONSULTANTS Consent Agenda Resolution R-86-21 APPROVE Moved by Moylan, seconded by Smith to Approve Resolution R-88-21, A AGREEMENT/ RESOLUTION APPROVING AN AGREEMENT WITH SCHROEDER ASPHALT SCHROEDER SERVICES, INC FOR THE 2021 CAPITAL IMPROVEMENT PROGRAM STREET ASPHALT AND UTILITY IMPROVEMENTS, MFT -21 -00 -00225 -00 -RS. Motion declared SERVICES, INC carried as approved unanimously under Consent Agenda. Consent Agenda Resolution R-88-21 APPROVE Moved by Moylan, seconded by Smith to Approve Resolution R-92-21, A PURCHASE/ RESOLUTION APPROVING AN AGREEMENT WITH UNITED RENTALS TELESCOPIC (NORTH AMERICA), INC FOR THE PURCHASE OF A TELESCOPIC BOOM BOOM LIFT LIFT. Motion declared carried as approved unanimously under Consent Agenda. Consent Agenda Resolution R-92-21 AWARD BID/ 2021 Moved by Moylan, seconded by Smith to Approve Resolution R-93-21, A SEWER LINING RESOLUTION APPROVING AN AGREEMENT WITH HOERR PROJECT/HOERR CONSTRUCTION, INC FOR SEWER LINING AS PART OF THE 2021 CAPITAL CONSTRUCTION IMPROVEMENT PROJECT. Motion declared carried as approved unanimously Consent Agenda under Consent Agenda. Resolution R-93-21 Page 4 of 9 05/17/21 APPROVE Moved by Moylan, seconded by Smith to Approve the Minutes of the City Council MINUTES meeting of May 3, 2021, as published. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. REPORT OUT BY Committee Recommendation of Appointments and Designation of Chairs are as COMMITTEE ON follows: COMMITTEES Building Code Chairman: Smith Vice -Chair Oskerka Member Moylan Community Development Chairman: Chester Vice -Chair Brookman Member 8'h Ward TBD Community Services Chairman: 8th Ward TBD Vice -Chair Lysakowski Member Smith Engineering Chairman: Lysakowski Vice -Chair Zadrozny Member Oskerka Finance and Administration Chairman: Zadrozny Vice -Chair Moylan Member Chester Legal and Licensing Chairman: Brookman Vice -Chair Chester Member Lysakowski Public Safety Chairman: Oskerka Vice -Chair 8th Ward TBD Member Brookman Public Works Chairman: Moylan Vice -Chair Smith Member Zadrozny NEW BUSINESS: Page 5 of 9 05/17/21 Moved by Chester, seconded by Lysakowski, to approve RESOLUTION R-94-21: A RESOLUTION DESIGNATING THE CHAIRS, VICE -CHAIRS AND MEMBERS OF THE STANDING COMMITTEES OF THE DES PLAINES CITY COUNCIL. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith NAYS: 0 - None ABSENT: 0 - None Motion declared carried. FINANCE & ADMINISTRATION — Alderman Zadrozny, Chairman WARRANT Alderman Zadrozny presented the Warrant Register for consideration. REGISTER Moved by Zadrozny, seconded by Lysakowski, to approve the Warrant Register of May 17, 2021 in the Amount of $3,011,537.70 and approve Resolution R-89-21. Upon Resolution roll call, the vote was: R-89-21 AYES: 7 - Lysakowski, Moylan, Oskerka Zadrozny, Brookman, Chester, Smith NAYS: 0 - None ABSENT: 0 - None Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Chester, Chairman CLASS 613 Community and Economic Development Director Mike McMahon reviewed a CLASSIFICATION memorandum dated May 6, 2021. FOR THE PROPERTY Bridge Industrial Acquisition, LLC is the contract purchaser of 555 Howard Avenue. LOCATED AT 555 Bridge has filed a 6b application with the City in order to apply for a Cook County HOWARD Class 6b Property Tax Incentive in the future. AVENUE The property is owned and operated by Nu -Way Industries, Inc. and consists of 12.35 Resolution acres containing a 291,644 square -foot functionally obsolete industrial facility. Bridge R-90-21 intends to lease -back the property to Nu -Way for a five-year term then demolish the existing facility and construct a new modern industrial building. Once Nu -Way Industries has vacated the property, Bridge will demolish facilities, clean the site of any environmental contaminants, and redevelop it with a state-of-the-art precast concrete, steel and glass, industrial building valued at $8,000,000. The proposed construction will be a speculative building which means that there is not an identified user at the moment. However, given Des Plaines' strategic location and a strong industrial market, the applicant finds that the investment is advantageous. At that time, Bridge will apply to Cook County for a 6b Tax Incentive under New Construction. Bridges' request to the City of Des Plaines is to approve the supporting resolution now in order to satisfy Bridges' financial partners and acquire the property. Page 6 of 9 Assessment of Tax Impact Scenarios: 05/17/21 1. Estimate Property Taxes as -is with vacancy relief in 2028: $295,177 2. Estimated Property Taxes with proposed improvements without a 6b in 2028: $1,345,588 3. Estimated Property Taxes with proposed improvements with a 6b in 2028: $538,235 Staff recommended approval of Resolution R-90-21. Moved by Brookman, seconded by Zadrozny, to approve the Resolution R-90-21, A RESOLUTION RECOMMENDING THE CITY'S SUPPORT OF AND CONSENT TO A PROSPECTIVE CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 555 HOWARD AVENUE, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka Zadrozny, Brookman, Chester, Smith NAYS: 0 - None ABSENT: 0 - None Motion declared carried. GRANTING A Community and Economic Development Director Mike McMahon reviewed a CONDITIONAL memorandum dated March 24, 2021. USE PERMIT FOR THE OPERATION The petitioner is requesting a Conditional Use under Section 12-7-3(F)(3) of the 1998 OF AN AUTO Des Plaines Zoning Ordinance, as amended, to allow for an auto service repair use in SERVICE REPAIR the C-3 zoning district. ESTABLISHMENT AT 110 S. RIVER The petitioner, Jason Churak, has requested a Conditional Use Permit to operate an ROAD auto service repair facility, CC Automotive, at 110 S. River Road. The subject property is located within the C-3, General Commercial district and auto service repair is a Ordinance conditional use. Z-32-21 The existing one-story building is made up of five suites. The petitioner wishes to operate CC Automotive out of Suite 6, which has its main entrance located on the south side of the building; the petitioner proposes to utilize the existing frame partition area as an office and waiting area with the restrooms totaling approximately 675 -square feet. The remaining area, totaling approximately 2,121 -square feet, will be utilized for three service bays and open shop area. The petitioner's proposal does not include any changes to the building. However, the petitioner does plan to add landscaping in front of his suite in addition to the existing landscaping throughout the site as indicated in the Site Plan. Pursuant to Section 12-9-7 of the Des Plaines zoning Ordinance, auto service repair facilities are required to provide two parking spaces per service bay and one space for every 200 square feet of accessory retail. Thus, a total of 12 off-street parking spaces are required including one handicap accessible parking. The Site Plan proposes 15 total parking spaces on the property, including a handicap accessible space, which meets this requirement. Page 7 of 9 05/17/21 CC Automotive will be open on Monday through Saturday, and closed on Sundays. Their services will include general automotive repair and maintenance such as electrical diagnostic, tune-ups, oil changes, brakes, batteries, light exhaust work, and check engine repair. A majority of the business includes off-site service calls so the subject location will be utilized as base of operations for CC Automotive. No vehicle sales are proposed at this site. The Planning and Zoning Board recommended (5-0) that the City Council approve the request with two new conditions. Staff recommended approval of Ordinance Z-32-21 with ten conditions. Moved by Lysakowski, seconded by Zadrozny, to approve the Ordinance Z-32-21, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE OPERATION OF AN AUTO SERVICE REPAIR ESTABLISHMENT AT 110 S. RIVER ROAD, DES PLAINES, ILLINOIS Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka Zadrozny, Brookman, Chester, Smith NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Lysakowski, seconded by Moylan, to Advance to Second Reading and adopt the Ordinance Z-32-21, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE OPERATION OF AN AUTO SERVICE REPAIR ESTABLISHMENT AT 110 S. RIVER ROAD, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7 - Lysakowski, Movlan, Oskerka Zadrozny, Brookman, Chester, Smith NAYS: 0 - None ABSENT: 0 - None Motion declared carried. PUBLIC SAFETY — Alderman Oskerka, Chairman PURCHASE Alderman Oskerka presented the purchase request for the Alexis Mini -Rescue RESCUE SQUAD Apparatus. APPARATUS FROM ALEXIS The Alexis Mini -Rescue Apparatus is a new rescue squad vehicle for the Fire FIRE EQUIPMENT Department. This unit would be the final piece of equipment to complete the planned operational modifications in the Fire Department. This unit would be a multi-purpose Resolution vehicle utilized for both EMS and Fire type responses. When staffed or cross staffed, R-63-21 this unit would be the primary EMS assist vehicle in a larger geographical area to limit the need for a fire suppression unit (Engine or Truck) to respond. After review of industry equipment available, the Alexis 12' Response One Apparatus Body mounted on a Ford F-550 chassis was chosen by Fire Department and Public Works Vehicle Maintenance staff to best fit the City's needs. Alexis Fire Equipment, located in Alexis, IL, is the equipment manufacturer and service center. During the equipment review Page 8 of 9 05/17/21 process of competitive companies, including Maintainer Custom Bodies, Fouts Brothers, and Ward Apparatus, it was noted that these manufacturing locations are located in Iowa, Georgia, and New York respectively which could result in reliability issues with service and repair parts availability. The Alexis MiniRescue Apparatus unit is available through HGAC Buy, which is a cooperative purchasing entity for government and educational agencies of which the City is a member. Per HGAC Buy Contract #FS12-19, this item can be purchased from Alexis Fire Equipment in the amount of $223,430. Staff recommended the purchase of an Alexis Mini -Rescue Apparatus through HGAC Buy Contract #FS12-19 from Alexis Fire Equipment. Alderman Oskerka recommended tabling Resolution R-63-21 for further review and discussion. Moved by Oskerka, seconded by Brookman, to table until the next City Council Meeting on June 7, 2021 the Resolution R-63-21, A RESOLUTION APPROVING THE PURCHASE OF A RESCUE SQUAD APPARATUS FROM ALEXIS FIRE EQUIPMENT. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka Zadrozny, Brookman, Chester, Smith NAYS: 0 - None ABSENT: 0 - None Motion declared carried. AMENDING AND Mayor Goczkowski presented the consideration for Resolution R-91-21. RESTATING THE CITY'S FLAG The City Council will be considering passage of a modification to the municipal flag POLICY policy to allow for flying and display of the Rainbow Pride Flag on or over City - owned, leased, or otherwise controlled buildings and property. Resolution R-91-21 Resident Fran Volpe questioned the reason for modifying the Flag Policy to include the Rainbow Pride Flag, and disagrees with the addition due to her view of its connection to a special interest group. Resident Wayne Serbin believes the change to the Flag Policy is controversial in terms of the legality of the allowance to other future flag requests. Resident John Maag supports the LGBTQ community; however, believes the other flags listed already cover all members of the community, and is concerned the change could bring future lawsuits to the City. Moved by Lysakowski, seconded by Moylan, to approve the amendment to Resolution R-91-21, A RESOLUTION AMENDING AND RESTATING THE CITY'S FLAG POLICY. Upon roll call, the vote was: AYES: 6 - Lysakowski, Moylan, Oskerka Zadrozny, Chester, Smith NAYS: 1 - Brookman ABSENT: 0 - None Page 9 of 9 05/17/21 Moved by Lysakowski, seconded by Zadrozny, to approve and adopt Resolution R-91-21, A RESOLUTION AMENDING AND RESTATING THE CITY'S FLAG POLICY. Upon roll call, the vote was: AYES: 5 - Lysakowski, Moylan, Oskerka, Zadrozny, Smith NAYS: 2 - Brookman, Chester ABSENT: 0 - None Motion declared carried. CLOSED SESSION Moved by Moylan, seconded by Oskerka to adjourn to Closed Session to discuss Property Acquisition, Sale of Property, and Personnel. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny Brookman, Chester, Smith NAYS: 0 - None ABSENT: 0 - None Motion declared carried. ADJOURNMENT: The meeting adjourned at 7:57 p.m. Je ica . Mastalski — City Clerk APPROVED BY ME THIS DAY OF , 2021 Andrew Goczkowski, MAYOR * The approved minutes incorrectly identified the vote for resolution R-91-21. The minutes were subsequently corrected to reflect the correct vote when the error was discovered. 4 DES IPLANES I L L I N 0 1 S Date: July 7, 2023 To: File From: Jessica M. Mastalski, City Clerk Subject: Scrivener's Error OFFICE OF THE CITY CLERK 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5311 desplaines.org During a review of the City records, it was discovered that a scrivener's error exists in the May 17, 2021 City Council minutes which were approved on June 7, 2021. On page 8, the minutes were approved as follows: Moved by Lysakowski, seconded by Moylan, to approve the amendment to Resolution R-91-21, A Resolution Amending and Restating the City's Flag Policy. Upon roll call, the vote was: AYES: 7- Lysakowski, Moylan, Oskerka Zadrozny, Brookman, Chester, Smith NAYS: 0- None ABSENT 0- None Motion declared carried. Moved by Lysakowski, seconded by Zadrozny, to approve and adopt Resolution R-91-21, A Resolution Amending and Restating the City's Flag Policy. Upon roll call, the vote was: AYES: 7- Lysakowski, Moylan, Oskerka Zadrozny, Brookman, Chester, Smith NAYS: 0- None ABSENT 0- None Motion declared carried. Following a review of the meeting notes and meeting video the minutes should be stated as follows: Moved by Lysakowski, seconded by Moylan, to approve the amendment Amending and Restating the City's Flag Policy. Upon roll call, the vote was: AYES: 6- Lysakowski, Moylan, Oskerka Zadrozny, Chester, Smith NAYS: 1 - Brookman ABSENT 0- None Motion declared carried. to Resolution R-91-21: A Resolution Moved by Lysakowski, seconded by Zadrozny, to approve and adopt Resolution R-91-21 and Restating the City's Flag Policy. Upon roll call, the vote was: AYES: 5- Lysakowski, Moylan, Oskerka Zadrozny, Smith NAYS: 2- Brookman, Chester ABSENT 0- None Motion declared carried. The votes are recorded correctly on Resolution R-91-21. A Resolution Amending