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Council Minutes 03-18-24MINUTES 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, MARCH 18, 2024 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 18, 2024. 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, Director of Public Works and Engineering Oakley, Director of Community and Economic Development Rogers, 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 Oskerka. PROCLAMATION Mayor Goczkowski took a moment to express gratitude to City Manager Bartholomew for his service and dedication to the community, and extended congratulations on his retirement. City Clerk Mastalski read a proclamation by Mayor Goczkowski commemorating the retirement of City Manager Michael G. Bartholomew. Mayor Goczkowski presented City Manager Bartholomew with the proclamation, an engraved crystal commemorative for his thirteen years of service, and a street sign named Bartholomew Way. City Manager Bartholomew said a couple words mentioning his appreciation for all that was accomplished in building a City over his tenure, and thanked everyone for their support. PUBLIC COMMENT Dr. McKernan expressed her desire for a traffic light at Mannheim Road and Pratt Street. Several residents expressed safety concerns regarding speeding near Cumberland Circle. ALDERMAN Alderman Smith mentioned an upcoming collection of business attire for veterans by Maine ANNOUNCEMENTS West and Des Plaines Chamber of Commerce; she stated she will have further information at the next meeting. Alderman Charewicz mentioned three recent ribbon cuttings of new restaurants — Que Bola, Pita Pita, and Karavan. He also mentioned the next eighth ward meeting is April 2, 2024 at 7:00 p.m. at RecPlex. He also thanked City Manager Bartholomew for his work with the City, and he stated that had been an honor to have served with him. Alderman Lysakowski congratulated City Manager Bartholomew on his retirement, and he stated that it has been a pleasure working with him for the past seven years. Alderman Moylan stated it has been a pleasure working with City Manager Bartholomew, and thanked him stating that during his time here he put Des Plaines on the path to success. Alderman Oskerka mentioned that on March 231 from 10:00 a.m.-12:00 p.m. there will be a community clean-up at 51 Ave and Rose Ave organized by Amanda Gonzalez, weather permitting, otherwise it will be March 301; he stated for residents to email him for further Page 2 of 7 3/18/2024 information. He also thanked City Manager Bartholomew for all of the help and conversation over the last couple years. Alderman Sayad reiterated that the ward meeting originally scheduled for March 21" has been cancelled, and the reschedule date will be announced at the next City Council meeting. He also mentioned that City will be hosting a police and fire celebration in May; further information will be available soon along with further information on the distribution of lights for bikes. He stated that he attended a banquet hosted by the Sisters of Nazareth and he commended them for a job well done. Alderman Sayad thanked City Manager Bartholomew for all that he has done, and he wished him a prosperous future. Alderman Brookman stated it has been a pleasure working with City Manager Bartholomew. She mentioned that he has been a positive extension of the City; stating examples of his accomplishments throughout the years. Alderman Brookman thanked City Manager Bartholomew, and wished him rest and relaxation in the next chapter of his life. Alderman Walsten thanked City Manager Bartholomew for his service, and he wish him all the best in his retirement. MAYORAL Mayor Goczkowski stated he is sorry to see City Manager Bartholomew go, but he thanked ANNOUNCEMENTS him for being dedicated to the transition plan. MANAGER'S City Manager Bartholomew thanked this City Council and all of the previous City Councils REPORT he had an opportunity to work with; he also thanked the people of Des Plaines for all their support and allowing him to be with the City for 13 years. CONSENT AGENDA Moved by Brookman, seconded by Oskerka, 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 Brookman, 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. Minutes were approved; Ordinances M-3-24, M-4-24, Z-4-24 were adopted; Ordinance M-5-24 was approved; Resolutions R-65-24, R-66-24, R-67-24, R-68-24, R-69-24, R-70-24, R-71-24, R-72-24, R-75-24 were adopted. APPROVE AGRMT & Moved by Brookman, seconded by Oskerka, to Approve Resolution R-65-24, A TO 1/ PROF ENG RESOLUTION APPROVING A MASTER SERVICES AGREEMENT AND TASK SVCS/ CHASTAIN ORDER NO. 1 WITH CHASTAIN & ASSOCIATES, LLC FOR PROFESSIONAL Consent Agenda ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-65-24 Page 3 of 7 3/18/2024 AUTH PURCH/ FORD Moved by Brookman, seconded by Oskerka, to Approve Resolution R-66-24, A VEHICLES/ CURRIE RESOLUTION AUTHORIZING THE PURCHASE OF 17 FORD VEHICLES FROM Consent Agenda CURRIE MOTORS. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-66-24 APPROVE AGRMT/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-67-24, A UPFIT TRK CHASSIS/ RESOLUTION APPROVING AN AGREEMENT WITH HENDERSON PRODUCTS, HENDERSON INC FOR THE UPFITTING OF TWO 5 -TON TRUCK CHASSIS. Motion declared carried Consent Agenda as approved unanimously under Consent Agenda. Resolution R-67-24 APPROVE PURCH/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R=68-24, A FORD F-250/ SUTTON RESOLUTION AUTHORIZING THE PURCHASE OF A FORD F-250 PICK-UP TRUCK Consent Agenda FROM SUTTON FORD. Motion declared carried as approved. unanimously under Consent Agenda. Resolution R-68-24 APPROVE PURCH/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-69-24, A FORD F-150/ RESOLUTION APPROVING THE PURCHASE OF A FORD F-150 FROM BOB RIDDINGS RIDDINGS FORD. Motion declared carried as approved unanimously under Consent Consent Agenda Agenda. Resolution R-69-24 APPROVE AGRMT/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-70-24, A TASTE SVCS/ RESOLUTION APPROVING AN AGREEMENT WITH RAVENSWOOD EVENT RAVENSWOOD SERVICES FOR SERVICES RELATED TO THE TASTE OF DES PLAINES. Motion Consent Agenda declared carried as approved unanimously under Consent Agenda. Resolution R-70-24 APPROVE AGRMT/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-71-24, A NUS ABATE & GRASS RESOLUTION APPROVING AN AGREEMENT WITH CLAUSS BROTHERS, INC. CUT SVCS/ CLAUSS FOR NUISANCE ABATEMENT AND GRASS CUTTING SERVICES. Motion declared BROTHERS carried as approved unanimously under Consent Agenda. Consent Agenda Resolution R-71-24 APPROVE AGRMT/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-72-24, A ASPHALT SEAL RESOLUTION APPROVING AN AGREEMENT WITH DENLER, INC. FOR THE 2024 FROG/ DENLER ASPHALT CRACK SEALING-FIBERIZED PROGRAM. Motion declared carried as Consent Agenda approved unanimously under Consent Agenda. Resolution R-72-24 Page 4 of 7 3/18/2024 APPROVE & AUTH/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-75-24, A IL CERT OF AUTH RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN Consent Agenda ILLINOIS CERTIFICATE OF AUTHORITY. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-75-24 AMD CITY CODE/ Moved by Brookman, seconded by Oskerka, to Approve First Reading of Ordinance WTR SYS REG M-5-24, AN ORDINANCE AMENDING THE CITY CODE REGARDING WATER Consent Agenda SYSTEM REGULATIONS. Motion declared carried as approved unanimously under Consent Agenda. Ordinance M-5-24 SECOND READING/ Advanced to second reading by Brookman, seconded by Oskerka, to Adopt the Ordinance ORDINANCE M-3-24, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE M-3-24 EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR Consent Agenda MUNICIPAL PURPOSES DESIGNATED AS THE "ANNUAL APPROPRIATION ORDINANCE" FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2024 AND ENDING DECEMBER 31, 2024. Motion declared carried as approved unanimously under Consent Agenda. SECOND READING/ Advanced to second reading by Brookman, seconded by Oskerka, to Adopt the Ordinance ORDINANCE M-4-24, AN ORDINANCE AMENDING TITLE 7 OF THE CITY CODE REGARDING M4-24 THE FEE FOR USE OF ELECTRIC VEHICLE CHARGING STATIONS IN CITY - Consent Agenda OWNED PARKING LOTS AND FACILITIES. Motion declared carried as approved unanimously under Consent Agenda. SECOND READING/ Advanced to second reading by Brookman, seconded by Oskerka, to Adopt the Ordinance ORDINANCE Z-4-24, AN ORDINANCE APPROVING A MAJOR CHANGE TO A FINAL PLANNED 714-24 UNIT DEVELOPMENT AND AN AMENDMENT TO A CONDITIONAL USE PERMIT Consent Agenda FOR A LOCALIZED ALTERNATIVE SIGN REGULATION AT 2991-3025 MANNHEIM ROAD, 3401 ORCHARD PLACE, AND 1620-1630 HIGGINS ROAD, DES PLAINES, ILLINOIS (Case#24-007-FPUD-CU LASR). Motion declared carried as approved unanimously under Consent Agenda. APPROVE Moved by Brookman, seconded by Oskerka, to Approve the Minutes of the City Council MINUTES meeting of March 4, 2024, as published. Motion declared carried as approved unanimously Consent Agenda under Consent Agenda. APPROVE Moved by Brookman, seconded by Oskerka, to Approve the Closed Session Minutes of the MINUTES City Council meeting of March 4, 2024, as published. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. UNFINISHED BUSINESS APPROVE VACATE Chris Pesche, the authorized agent for the property owner Pesche's Property South, LLC, ALY/ 170-190 S. DES has requested that the City vacate portions of public streets Sakas Drive and Woodland PLAINES RIVER RD, Avenue (rights-of-way) so that they have the ability to fully utilize the land as part of their 1460 & 1484 RAND RD commercial property. Pesche's Property South, LLC currently owns all parcels abutting the Ordinance public rights-of-way that are the subject of the vacation request. M-25-23 The six properties abutting the subject rights-of-way encompass approximately 230,733 square feet (5.30 acres) and include several commercial buildings and surface parking areas. NEW BUSINESS Page 5 of 7 3/18/2024 The existing public rights-of-way totaling 17,222 square feet in area do not contain any utility lines. An appraisal was performed by Chicago Metro Realty Valuation Corporation; the appraisal assigns a market value of $65,000. Chris Pesche spoke on behalf of the request as the petitioner. Moved by Walsten, seconded by Brookman, to Approve First Reading of Ordinance M-25-23 amending the draft ordinance so that the compensation is $40,000.00, AN ORDINANCE VACATING A PUBLIC ALLEY AT 170-190 S. DES PLAINES RIVER ROAD, AND 1460 RAND AND 1484 RAND ROAD. 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. General Counsel Friedman stated the ordinance passage requires a 3/4 affirmative vote of the Council, which equates to six affirmative votes. Advanced to second reading by Charewicz, seconded by Sayad, to Adopt the Ordinance M-25-23 as amended to include a purchase price of $40,000.00, AN ORDINANCE VACATING A PUBLIC ALLEY AT 170-190 S. DES PLAINES RIVER ROAD, AND 1460 RAND AND 1484 RAND ROAD. 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. FINANCE & ADMINISTRATION — Alderman Sayad, Chair WARRANT Alderman Sayad presented the Warrant Register. REGISTER Resolution Alderman Sayad stated that as of the end of January 2024, the City has $24,679,991.00 in R-73-24 the general fund. Moved by Sayad, seconded by Brookman, to Approve the Warrant Register of March 18, 2024, in the Amount of $4,137,401.79 and Approve Resolution R-73-24. 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. COMMUNITY DEVELOPMENT — Alderman Moylan, Chair CONSIDER Director of Community & Economic Development Rogers reviewed a memorandum dated APPROVING A March 8, 2024. RENEWED AND EXTENDED TEMP The Holiday Inn Express and Suites hotel at 3001 Mannheim Road in the Orchards at O'Hare ABEYANCE OF development has been operating a commercial parking lot use since approximately mid-July Page 6 of 7 3/18/2024 ENFORCE AGRMT 2021. This activity is not allowed at the C -3 -zoned property without a conditional use permit BTW THE CITY. and is also not permitted by the ordinance approving the Orchards at O'Hare planned unit PROMINENCE development (PUD). However, from 2021 through 2023, the City Council passed four HOSPITALITY separate resolutions (R-189-21, November 15, 2021; R-110-22, June 20, 2022; R-208-22, GROUP. & O'HARE December 5, 2022, and R110-23, June 5, 2023) to enter into and maintain a compliance and REAL ESTATE LLC temporary abeyance of enforcement agreement with the property owner to allow the activity Resolution to occur. This agreement expired on December 31, 2023. R-74-24 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 conditions, 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/Ostra's restaurants, which are connected to the hotel; or (iii.) June 15, 2024. The commercial parking activity is driven by visitors (typically O'Hare Airport travelers) reserving a parking space through third -party apps and websites such as Way.com. The property lies within the O'Hare Corridor Privilege Area and is subject to a $1 per car daily parking tax, which has been remitted monthly to the City since December 2021. The renewed and extended agreement stipulates the following 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 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 Section 12-9- 6 of the Zoning Ordinance; and • 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) o Related: To activate the agreement, all property maintenance issues must be inspected and resolved, and any owed fees or fines must be paid. Petitioner did not attend the meeting. Multiple Aldermen expressed frustration with the petitioner not attending the meeting, the petitioner's delay with development, and the petitioner being continually out of compliance. City Manager Bartholomew stated he spoke with General Counsel Friedman in terms of penalty, stating while the City cannot levy penalties, if June 151 arrives and the petitioner is not vacated, the City may be able to withhold the hotel/motel tax, the sales tax, and the TIF sharing agreement until he is in compliance. Multiple Aldermen expressed desire to follow such withholdings if the petitioner once again becomes out of compliance. Multiple Aldermen also expressed they will not consider any further parking agreements with the petitioner beyond June 151; and that staff should notify Page 7 of 7 3/18/2024 the petitioner of the likelihood of no further extension with possible implementation of tax withholding if the petitioner is not in compliance. Moved by Walsten, seconded by Charewicz, to Approve Resolution R-74-24, A RESOLUTION APPROVING A RENEWED AND EXTENDED 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: 5 - Brookman, Walsten, Smith, Charewicz; Mayor Goczkowski MAYS: 4 - Lysakowski, Moylan, Oskerka, Sayad ABSENT: 0 - None Motion declared carried. ADJOURNMENT Moved by Brookman, motion declared carried APPROVED BY ME THIS Ist DAY OF Aril , 2024 Andrew Goczkowski, MAYOR seconded by Walsten, to adjourn the meeting. Upon voice vote, The meeting adjourned at 8:36 p.m. essi M. Mastalski — 6TY ERK