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09/16/2019CALL TO ORDER: ROLL CALL: MINUTES 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, SEPTEMBER 16, 2019 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 6:34 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, September 16, 2019. Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd, Zadrozny, Chester, Smith, Goczkowski. Absent: Brookman. A quorum was present. CLOSED SESSION: Moved by Moylan, seconded by Rodd to enter into Closed Session to discuss Property Acquisition and Pending Litigation. Upon roll call, the vote was: AYES: 7-Lysakowski, Moylan, Rodd, Zadrozny Chester, Smith, Goczkowski NAYS: 0 -None ABSENT: 1 -Brookman Motion declared unanimously carried. The City Council recessed at 6:35 p.m. The City Council re -convened at 7:00 p.m. Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd, Zadrozny, Brookman, Chester, Smith, Goczkowski. 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 McMahon, Fire Chief Wax, Director of Public Safety Kushner, and General Counsel Friedman. PRAYER AND The prayer was offered by Pastor Daryl York of the Brentwood Baptist Church, PLEDGE: followed by the Pledge of Allegiance to the Flag of the United States of America. PUBLIC HEARING/ 1275 LEE STREET/ AMENDMENT TO ORD. Z-32-18 ELEVATIONS AND INCREASE NUMBER OF CARS: MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, MONDAY, SEPTEMBER 16, 2019 Mayor Bogusz called the 1275 Lee Street Public Hearing to order at 7:02 p.m. An application for a Conditional Use Amendment for 1275 Lee Street has been received. The petitioner, Eric Nelson, is requesting a Conditional Use Amendment to Ordinance Z-32-18 under Code Section 12-3-4, of the 1998 Des Plaines Zoning Ordinance, as amended, to amend the approved elevations of the subject building associated with this ordinance and to increase the number of personal vehicles for sale due to an adjustment in the approved site plan. (Cont.) Page 2 of 14 09/16/19 A public notice was published in the August 28, 2019 Des Plaines Journal with this request. Additionally, a public notice sign was placed on the subject property and notices were sent to property owners within 300 feet. Eric Nelson, applicant, received approval from City Council for a Conditional Use Permit to allow Motor Vehicle Sales, Auto Service Repair, and Auto Body Repair at 1275 Lee Street in 2018 (Ordinance Z-32-18). As part of that ordinance, a set of elevations and renderings were attached and approved, but the applicant is requesting to amend the approved design. Additionally, the approved site plan identified 175 parking spaces designated for vehicles sales display and a cross access driveway that connected to Lee Manor to the south, 1301 Lee Street. Since the owner of Lee Manor did not want to enter into a cross access easement agreement with the applicant, that access driveway will be closed between the two properties and will give the applicant an opportunity to contain more spaces designated as vehicle display. As such, the petitioner is officially requesting that the exterior materials and elevation design be amended as well as the number of vehicles allowed to be sold on-site be adjusted due to the site plan amendment. Alderman Brookman expressed that the drawings were approved with brick being used as the exterior material and now aluminum is being proposed, she would like to the applicant to use the material that was originally proposed and that the City Council approved. Mr. Eric Nelson explained that at the time of purchase he had very limited access to the building. Since then a new architect, after evaluating the building, informed him a thin set of brick will not adhere to the foundation and if full brick were to be used the foundation would need to be altered. Mr. Nelson believes that the proposed aluminum panels are more aesthetically appealing and cost efficient. Mr. Nelson stated the cost of renovations will be $1-1.5 million. The Public Hearing was adjourned at 7:19 p.m. CITIZEN The Knights of Columbus of St. Zachary will conduct their 50th anniversary PARTICIPATION: Tootsie Roll drive on September 20-22, 2019. CONSENT AGENDA: Kiwanis Club will hold Peanut Days on September 27 and September 28. All of the proceeds go back to the community. Resident Fran Volpe, 1380 Oakwood, asked the City Council to be a cannabis dispensing free city. Moved by Brookman, seconded by Zadrozny, to establish the Consent Agenda. Motion declared unanimously carried. Moved by Rodd, seconded Zadrozny, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Lysakowski, Moylan, Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski NAYS: 0 -None (Cont.) APPROVE LIQUOR LICENSE/EVAN'S PLACE/ 1900 TOUHY: Consent Agenda Ordinance M-21-19 APPROVE DISPOSAL OF VEHICLES AND EQUIPMENT/ OBENAUF AUCTION SERVICE: Consent Agenda Ordinance M-22-19 APPROVE IDOT RESOLUTION FOR MAINTENANCE UNDER ILLINOIS HIGHWAY CODE: Consent Agenda Resolution R-159-19 APPROVE PURCHASE WATER VALVE EXERCISING MACHINE AND TAILER/ VERMEER MIDWEST: Consent Agenda Resolution R-160-19 Page 3 of 14 09/16/19 ABSENT: 0 -None Motion declared carried. Minutes were approved; Resolutions R-159-19, R-160-19; Ordinances M-21-19, M-22-19 were approved; M-18-19, M-19-19, M-20-19, Z-23-19, Z-24-19, Z-25-19 were adopted. Moved by Rodd, seconded by Zadrozny, to Approve Ordinance M-21-19, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "A" LIQUOR LICENSE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to Approve Ordinance M-22-19, AN ORDINANCE AUTHORIZING THE DISPOSITION OF SURPLUS PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-159-19, AMENDED RESOLUTION FOR MAINTENANCE UNDER THE ILLINOIS HIGHWAY CODE (19 -00000 -00 -GM). Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-160-19, A RESOLUTION AUTHORIZING THE PURCHASE OF A VACTRON WATER VALVE EXERCISING MACHINE AND TRAILER THROUGH SOURCEWELL. Motion declared carried as approved unanimously under Consent Agenda. APPROVE TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT/ OAKTON STREET REDEVELOPMENT Consent Agenda Ordinance M-18-19 APPROVE DESIGNATING OAKTON STREET REDEVELOPMENT PROJECT AREA: Consent Agenda Ordinance M-19-19 APPROVE TAX INCREMENT ALLOCATION FINANCING/ OAKTON STREET: Consent Agenda Ordinance M-20-19 APPROVE CU MOTOR VEHICLE SALES/ 410 NORTHWEST HWY: Consent Agenda Ordinance Z-23-19 APPROVE TENTATIVE PLAT OF SUBDIVISION AND MAJOR VAR 2282 EASTVIEW DRIVE:: Consent Agenda Page 4 of 14 09/16/19 Moved by Rodd, seconded by Zadrozny, to Approve Ordinance M-18-19, AN ORDINANCE APPROVING A TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT FOR THE OAKTON STREET REDEVELOPMENT PROJECT AREA. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to Approve Ordinance M-19-19, AN ORDINANCE DESIGNATING THE OAKTON STREET REDEVELOPMENT PROJECT AREA PURSUANT TO THE TAX INCREMENT ALLOCATION REDEVELOPMENT ACT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to Approve Ordinance M-20-19, AN ORDINANCE ADOPTING TAX INCREMENT ALLOCATION FINANCING FOR THE OAKTON STREET REDEVELOPMENT PROJECT AREA. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to Approve Ordinance Z-23-19, AN ORDINANCE AMENDING ORDINANCE Z-21-02 WHICH APPROVED A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AT 410 NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS (CASE #19 -031 -CU). Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to Approve Ordinance Z-24-19, AN ORDINANCE APPROVING A TENTATIVE PLAT OF SUBDIVISION AND MAJOR VARIATIONS FROM SECTION 12-3-6 OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 2282 EASTVIEW DRIVE, DES PLAINES, ILLINOIS (CASE #19 -041 -SUB -V). Motion declared carried as approved unanimously under Consent Agenda. (Cont.) Ordinance Z-24-19 APPROVE MAJOR AMENDMENT/ 150 N EAST RIVER ROAD: Consent Agenda Ordinance Z-25-19 APPROVE MINUTES: Consent Agenda WARRANT REGISTER: CONSIDER BUSINESS ASSISTANCE GRANT/ WAVE SHOPPING CENTER/ 955-967 ELMHURST ROAD: Page 5 of 14 09/16/19 Moved by Rodd, seconded by Zadrozny, to Approve Ordinance Z-25-19, AN ORDINANCE APPROVING A MAJOR AMENDMENT TO ORDINANCE Z-25-18 REGARDING THE CONDITIONS OF OCCUPANCY FOR THE PROPERTY LOCATED AT 150 N EAST RIVER ROAD, DES PLAINES, ILLINOIS (CASE #19 -053 -PUD). Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to approve the Minutes of the City Council of September 3, 2019, as published. Motion declared carried as approved unanimously under Consent Agenda. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Chester, Chair Alderman Chester presented the Warrant Register for consideration. Moved by Moylan, seconded by Zadrozny, to recommend to the City Council approval of the September 16, 2019 — Warrant Register in the Amount of $4,368,303.02 and further recommend that Resolution R-161-19 be adopted at appropriate time this evening. Upon voice vote, motion declared carried COMMUNITY DEVELOPMENT — Alderman Rodd, Chair Economic Development Coordinator, Patrick Ainsworth reviewed a memorandum dated August 26, 2019. Ray Rayyan from Rayyan Investment Company, the property owner, has filed a business assistance application for the property at 955-967 Elmhurst Road requesting approval for a multi -unit facade grant in the amount of $40,000. The applicant intends to spend approximately $354,000 to substantially renovate the exterior of the property. Specifically, the new property owner plans to conduct the following improvements: add four new entrance features over part of the shopping center, add new brick, stone and, EFIS on the street facing elevation, enhance the existing shopping center sign adding new storefront windows and doors, replacing the sidewalk and repairing the existing parking lot. All materials and proposed improvements meet the Building Design Standards as found in the Zoning Ordinance. Multi -Unit Retail Grant Program is a sliding scale 50% matching grant for eligible building improvements and up to 25% for maintenance expenses such as parking lot repairs. Based upon the size of the building and cost of the project, Page 6 of 14 09/16/19 (Cont.) the property qualifies for the maximum grant of $40,000. This is the reimbursement amount being requested by the applicant. Staff recommended approval of R-162-19. Moved by Goczkowski, seconded by Brookman to approve Business Assistance Program, Multi -Unit Retail Grant Program in the Amount of $40,000 for Wave Shopping Center, 955-967 Elmhurst Road; and further recommend to approve Resolution R-162-19 at the appropriate time this evening. Upon voice vote, motion declared carried. Alderman Smith abstained. CONSIDER CU Economic Development Coordinator, Patrick Ainsworth, reviewed a AMENDMENT/ memorandum dated August 28, 2019. This item pertains to tonight's Public 1275 LEE STREET: Hearing. Eric Nelson, applicant, received approval from City Council for a Conditional Use Permit to allow Motor Vehicle Sales, Auto Service Repair, and Auto Body Repair at 1275 Lee Street in 2018, Ordinance Z-32-18. As part of that ordinance, a set of elevations and renderings were attached and approved, but the applicant is requesting to amend the approved design. Additionally, the approved site plan identified 175 parking spaces designated for vehicles sales display and a cross access driveway that connected to Lee Manor to the south, 1301 Lee Street. Since the owner of Lee Manor did not want to enter into a cross access easement with the applicant, that access driveway will be closed between the two properties and will give the applicant an opportunity to contain more spaces designated as vehicle display. As such, the petitioner is officially requesting that the exterior materials and elevation design be amended as well as the number of vehicles allowed to be sold on-site be adjusted due to the site plan amendment. As identified in the applicant's 2018 submittals, the petitioner proposes to rehab the existing single -story building and construct a single -story addition in the rear. The addition will have a metal frame with metal paneling, while the front renovation work will be comprised of a combination of brick and new metal panel cladding that provides the look of horizontal wood siding. In working with CED staff in 2018, the former architect, applicant and staff from Planning and Zoning finalized a proposed design and layout for the renovated building and property which then went to the Planning and Zoning Board and subsequently the City Council for approval. Since then, a new architect has been hired and uncovered issues with the building such as the existing building walls cannot structurally handle the load for new face brick without substantial foundation improvements. These improvements are cost prohibitive and was not discovered until well after the case was approved by City Council in 2018. Also, the customer entrance in the elevations approved in 2018 was located in a different position compared to the existing customer entrance on the building. The applicant will continue to utilize face brick on the eastern portion of the existing building. In summary, the applicant is requesting to amend portions of the previously approved elevation design. (Cont.) CONSIDER BUSINESS ASSISTANCE PROGRAM/ FACADE AND INTERIOR BUILD- OUT/ 1275 LEE STREET: Page 7 of 14 09/16/19 In addition to the building material changes, the petitioner proposes to install a new parking lot with 295 spaces, an increase from 291 spaces shown on the 2018 approved site plan. There will be 79 spaces dedicated to customers and employees, as is required per code based on the intensity of the proposed uses for the site, and 216 parking spaces will be used for display of vehicles for sale. Additionally, there are 32 parking spaces proposed for the rear of the building that would be used to store vehicles that are waiting to be worked on - these 32 space count towards the 216 spaces that can be used for vehicles for sale. These numbers have been amended since the 2018 application as the access drive aisle that connects the subject property to Lee Manor at 1301 Lee Street will be closed. The owner of Lee Manor does not desire for the cross access drive aisle to remain open between the two properties. Additionally, the off street spaces east of the building should be reflected in the number of vehicles the applicant can have on site dedicated for sale. This is why the amendment from 175 vehicles in the 2018 approval is different from the 216 vehicles identified in the current request. Staff recommended approval of Z-26-19. Moved by Brookman, seconded by Moylan to approve the original proposal and not the metal panels currently being proposed and to allow additional vehicles to be sold. By show of hands, the vote was: AYES: 4-Lysakowski, Moylan, Brookman, Chester NAYS: 4 -Rodd, Zadrozny, Smith, Goczkowski ABSENT: 0 -None Motion failed. Mr. Nelson stated that after a new architect examined the material and foundation that he now has a better understanding of the property. Besides preference and cost there is a technical reason for the change to his drawings. Resident Brookman expressed his concern that Mr. Nelson changed his proposal and urged the City Council to approve the original proposal. Moved by Zadrozny, seconded by Smith to approve a Conditional Use Amendment for 1275 Lee Street, as proposed; and further approve Ordinance Z-26-19 at the appropriate time this evening. Upon show of hands, the vote was: AYES: 5 -Rodd, Zadrozny, Chester Smith, Goczkowski NAYS: 3-Lysakowski, Moylan, Brookman, ABSENT: 0 -None Motion declared carried. Economic Development Coordinator, Patrick Ainsworth, reviewed a memorandum dated August 28, 2019. Eric Nelson from Nelson Automotive/Hey Cars has filed a Business Assistance Application requesting $35,000 under the Facade and Interior Build -Out programs to renovate the former Silver Stallion Restaurant into the new Hey Cars pre -owned dealership. The applicant is also requesting a waiver to the Facade and Interior Build -Out program in order to start the remodeling work prior to (Cont.) CONSIDER APPROVAL OF METRA TRAIN STATION FEASIBILITY STUDY NEAR OAKTON STREET AND THE CANADIAN NATIONAL RAILROAD: Page 8 of 14 09/16/19 pending inclement weather. Hey Cars will be a pre -owned car dealership and obtained a conditional use from City Council in October 2018. As such, the applicant qualifies for the Interior Build -Out and the Facade programs as sales tax will be generated from the proposed dealership. The current scope of work for the grant related work includes: installing a brand new facade compared to the current building, building out a new show room for vehicle display, constructing offices, customer waiting area and remodeling other portions of the building. Additionally, the applicant is proposing an expansion of this building that is not part of this grant, which will add a new vehicle repair wing and a vehicle delivery and staging room. The total investment for aspects of the development, including site work exceeds $3,600,000. The applicant is also requesting a waiver to conduct the interior work to help with opening the dealership. Staff recommended approval of R-163-19. Alderman Brookman stated that if Mr. Nelson believes that the brick he proposed in his original drawings is too expensive then he misled the City Council with his original drawings. Resident Jim Brookman expressed he did not believe tax payer money should be used when the applicant is not using quality materials. Mr. Nelson clarified that a year ago the drawings were initial drawings. There are multiple phases of the construction, renovation and an addition and that the cost all comes together for one investment number. Moved by Zadrozny, seconded by Smith to approve a business assistance program for facade and interior build out in the amount of $35,000 for Hey Cars/Nelson Automotive, 1275 Lee Street; and further adopt Resolution R-163-19 at the appropriate time this evening. Upon show of hands, the vote was: AYES: 4 -Rodd, Zadrozny, Smith, Goczkowski NAYS: 4-Lysakowski, Moylan, Brookman, Chester ABSENT: 0 -None Motion failed. The City of Des Plaines conducted a comprehensive feasibility study for a new train station on the Metra North Central Service Line (NCS) that utilizes the Canadian National Railway (CN) in Des Plaines. Efforts began in early 2018 to locate a third Metra train station in Des Plaines based on the City Council's Strategic Plan, Roadmap to the Future Focus 2022. AECOM Technical Services, Inc. (AECOM), partnering with the LaKota Group, was chosen to organize the METRA Train Station Feasibility Study. Mr. Gary Foyle, AECOM and Mr. Mike Kritzman, Lakota Group reviewed the Feasibility Study. (Cont.) Page 9 of 14 09/16/19 AECOM began the project by studying a number of adjacent properties along the NCS identified by the City as potential locations. After thorough analyses, they concluded that a location at Oakton Street would be the best place to physically accommodate a station. The area has a good road network, available land for a station and parking, ample railroad right-of-way for platforms, and would be an economic stimulus to the Oakton Street corridor. It is also in close proximity to the new Pace Pulse line stop at Lee Street that could provide a link between the Pace system and Metra. AECOM then looked at the technical side of locating a station that addressed potential users, operational impacts for Metra, station spacing requirements, and whether the CN rail -line can accommodate a new station. Based on Metra data, public outreach, and the results of several modeling programs AECOM reasoned that a station at Oakton Street would surpass ridership requirements of Metra and would not be an operational burden the Metra system. The question of capital costs and funding was then addressed. AECOM utilized Federal Transit Administration's (FTA) Standard Cost Category (SCC) costing structure and methodologies. This process involved quantifying the units associated with each project improvement element and applying unit costs to estimate the capital costs (station construction, platforms, pedestrian circulation and crossings, parking and pedestrian crossings). AECOM estimates construction of all these elements would cost $11,562,000. It is a long standing Metra policy that any new station construction would have to be funded by third party sources. AECOM has identified a number of potential funding sources to include FTA Capital Investment Grants Program, Better Utilizing Investments to Leverage Development (BUILD) grant program administered through the US Department of Transportation (DOT), Congestion Mitigation and Air Quality Improvement (CMAQ), and Surface Transportation Program (STP). Also identified as a source of funding is public financing that recovers some or all of the value that public infrastructure generates for private landowners. There are several different variations of value capture funding mechanisms that can be considered, including: tax increment financing (TIF) districts, benefit assessment district, real property transfer tax, and joint development. The City has already began the process of forming a Tax Increment Financing (TIF) for the Oakton Corridor that could be source of capital funding. And finally, AECOM undertook a market assessment to determine if a new station would stimulate redevelopment of adjacent properties. Metra station historical data (system -wide) was gathered from the CoStar real estate database for the first half of 2018 and back to 2006. This analysis focused on the office, retail, and multi -family markets in particular. In the short-term, areas with a new Metra station saw a shift toward urbanization, downtown concentration, and mixed-use developments. With the large number of vacant or underutilized properties identified in close proximity to the potential station, it is reasonable to Page 10 of 14 09/16/19 (Cont.) conclude that a new station would generate an increase of redevelopment projects in the area. If approved, the next steps would be to formally apply to Metra, initiate preliminary engineering, identify grant funding, and develop a project budget to include various forms of financing. Staff recommends the City Council approve Resolution R-164-19. Moved by Brookman, seconded by Chester to recommend approval of the Metra Train Station Feasibility Study by AECOM and Authorization for the City Manager to Proceed with a Formal Request to Metra to Approve a New Station Near the Intersection of Oakton Street and the Canadian National Railroad; and further recommend to approve Resolution R-164-19 at the appropriate time this evening. Upon voice vote, the motion carried. CONSIDER Director of Community and Economic Development Mike McMahon reviewed a ADDITIONAL memorandum dated September 16, 2019. WALL SIGNS/ 877 SOUTH The petitioner, Phil Mesi, is requesting multiple variations to allow for additional ELMHURST wall signs on two non -street -facing building elevations that exceeds the one wall ROAD: sign maximum for non -street -facing elevations and to allow for a wall sign to extend in excess of the 15 -inch maximum for wall signage in the C-3 Zoning District. The 0.30 -acre property currently contains a one-story restaurant with a drive-through and outdoor seating area. The property contains a pole sign with an electronic message board, two directional signs along Elmhurst Road, one wall sign on both the north and south building elevations, and window signs. On March 8, 2019, a building permit was submitted for an interior and exterior remodel of the building. The interior remodel included a new design and installation of new equipment. Pursuant to Section 12-11-3(B), a separate sign permit shall be filed on forms so provided and in accordance with the requirements of Section 12-3-1. Thus, staff informed the petitioner that a separate sign permit could be submitted at any time and reviewed concurrently with the remodel permit. Revisions were received on May 1, 2019 for the remodel permit excluding the proposed signage and the interior and exterior remodel permit was approved on May 13, 2019. On May 31, 2019, a sign permit was submitted for six wall signs: one mobile pickup sign, two trademark "S" signs, and three "Subway" signs. One sign was proposed for the west building elevation, two for the south elevation, and three for the north elevation. Since all but one sign was proposed for the north and south building elevations that do not face a street, not all proposed signage could be approved. Section 12-11-6(B) of the Des Plaines Zoning Ordinance permits one wall sign on building facades that do not face a street at one square foot of sign area per linear foot of horizontal building face, and two wall signs on building facades that do face a street at three square feet of sign area per linear foot of horizontal (Cont.) Page 11 of 14 09/16/19 building face, provided that the total sign area on the entire building does not exceed 125 -square feet, or the total linear frontage of the building multiplied by three, whichever is less. This building is allowed a total of 125 square -feet of signage. On June 12, 2019, sign permit revisions were received for the three "Subway" signs proposed for the north, south, and west building elevations and the other three originally proposed wall signs were withdrawn by the petitioner. The sign permit was approved with conditions by staff on June 28, 2019. However, only the north and south elevation wall signs were installed on the building since the permit was approved. On July 12, 2019, this variation application was submitted by the petitioner for the six original signs applied for in the May 31, 2019 sign permit. Staff has explained to the property owner that the trademark "S" and "Subway" sign could be reduced in size and combined as one wall sign on both sides of the framed architectural tower provided that each wall sign meets the sign area requirements. However, the property owner is petitioning for additional signage both on the framed architectural tower and building elevation for two separate non -street -facing building elevations. Staff does not find a hardship with the land or unique circumstance with the property to warrant such requests. The Planning and Zoning Board recommended (4-2) that the City Council approve the request without conditions. Staff does not recommend approval of Ordinance Z-27-19. Attorney Louis Capozzoli and Mr. Mesi answered questions from the Alderman. Moved by Goczkowski, seconded by Lysakowski to allow additional wall signs on two non -street facing building elevations in the C-3 Zoning District at 877 South Elmhurst Road with the condition grant funds are not used for exterior work; and further recommended to approve Ordinance Z-27-19 at the appropriate time this evening. Upon voice vote, motion carried. CONSIDER Director of Community and Economic Development Mike McMahon reviewed a REZONING AND memorandum dated August 28, 2019. MAJOR VARIATIONS/ The petitioner, Michael Ramsey, is requesting a Map Amendment to rezone the 1475 OAKTON southern portion of the property from R-1 to C-3, a Major Variation to build a STREET: 1,848 square foot, five (5) car detached garage and a Major Variation to reduce the off street parking at 1475 Oakton Street. The property contains a two-story, 14,278 square foot multi -use building with a surface parking lot which contains 24 off-street parking spaces and one (1) handicap parking space. The existing building contains five (5) medical offices on the first floor, six (6) residential units on the second floor, and a basement with storage areas for the office tenants. Landscaping exists along the southern edge of the property, but the applicant will be required to install an eight (8) foot fence and shade trees to comply with section 12-10-9(C). The northern portion of the subject property is zoned C-3 and the (Cont.) NEW BUSINESS: Page 12 of 14 09/16/19 southern portion is zoned R-1. Thus, the petitioner is planning to rezone the southern portion of the property to C-3 to accommodate the proposed detached garage on the site, and bring the property under one zoning district. Additionally, the petitioner is requesting Major Variations given the need for additional parking spaces and a larger garage. Pursuant to Section 12-8-1(C)(5) of the Des Plaines Zoning Ordinance, the maximum area of a detached garage shall be seven hundred twenty (720) square feet or less. The petitioner's request to allow for a 1,848 square foot detached garage that exceeds the seven hundred twenty (720) square foot maximum for accessory structures in Des Plaines which constitutes the need for a Major Variation to Section 12-8-1(C) of the 1998 Des Plaines Zoning Ordinance. The Planning and Zoning Board recommended (6-0) that the City Council approve the request with the eight conditions found in the staff report. Conditions of Approval 1. A Photometric Plan shall be provided at time of building permit. 2. The proposed improvements comply with applicable codes and ordinances. 3. 3. A sign shall be added to reading "no parking in front of garage door." 4. A sign shall be added prohibiting parking in the area west of the garage. 5. A full landscape plan shall be required. 6. An additional handicap space shall be required that complies with all ADA regulations. 7. The detached garage shall only be used for building resident parking and common maintenance storage directly related to the building. 8. No business may store equipment or run operations out of the proposed detached garage. Staff recommended approval of Ordinance Z-28-19. Several residents of the area and tenants of 1475 Oakton Street spoke against allowing the proposed garage citing the possibility of the owner renting the garage to non -tenants or use the garage for commercial purposes. Mr. Dabbelaere submitted a petition with approximately 30 signatures requesting that the zoning change not be approved. Mr. Ramsey answered questions from the Aldermen. Moved by Chester, seconded by Moylan to Rezone from R-1 to C-3 and Major Variations at 1475 Oakton Street, as amended to reduce the height of the garage doors from 10 -feet to 9 -feet; and recommended to approve Ordinance Z-28-19 at the appropriate time this evening. Upon voice vote, motion carried. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION WARRANT REGISTER: Resolution R-161-19 APPROVE BUSINESS ASSISTANCE GRANT/ 955-967 ELMHURST ROAD: Resolution R-162-19 APPROVE CONDITIONAL USE AMENDMENT/ 1275 LEE STREET: Ordinance Z-26-19 Page 13 of 14 09/16/19 Moved by Chester, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-161-19, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $4,368,303.02. Upon roll call, the vote was: AYES: 8-Lysakowski, Moylan, Rodd, Zadrozny, Brookman, Chester, Smith, Goczkowski NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Rodd, seconded by Zadrozny to Approve Resolution R-162-19, A RESOLUTION APPROVING A BUSINESS ASSISTANCE PROGRAM GANT FOR MULTI -UNIT RETAIL IMPROVEMENTS AT 955-967 ELMHURST ROAD. Upon roll call, the vote was: AYES: 7-Lysakowski, Moylan, Rodd, Zadrozny, Brookman, Chester, Goczkowski NAYS: 0 -None ABSENT: 0 -None ABSTAIN: 1 -Smith Motion declared carried. Moved by Rodd, seconded by Zadrozny to Approve Ordinance Z-26-19, AN ORDINANCE AMENDING ORDINANCE Z-32-18 WHICH APPROVED A CONDITIONAL USE PERMIT FOR THE OPERATION OF A MOTOR VEHICLE SALES, AUTO SERVICE REPAIR, AND AUTO BODY REPAIR ESTABLISHMENT IN THE C-3 ZONING DISTRICT AT 1275 LEE STREET, DES PLAINES, ILLINOIS (CASE #19 -062 -CU). Substitute motion moved by Brookman, seconded by Chester to refer this item back to the Planning and Zoning Board. Upon roll call, the vote was: AYES: 4-Lysakowski, Moylan, Brookman, Chester NAYS: 4 -Rodd, Zadrozny, Smith, Goczkowski NAYS: 0 -None ABSENT: 0 -None Motion failed. Moved by Rodd, seconded by Zadrozny to Approve Ordinance Z-26-19, AN ORDINANCE AMENDING ORDINANCE Z-32-18 WHICH APPROVED A CONDITIONAL USE PERMIT FOR THE OPERATION OF A MOTOR VEHICLE SALES, AUTO SERVICE REPAIR, AND AUTO BODY REPAIR ESTABLISHMENT IN THE C-3 ZONING DISTRICT AT 1275 LEE STREET, DES PLAINES, ILLINOIS (CASE #19 -062 -CU). Upon roll call, the vote was: AYES: 5 -Rodd, Zadrozny, Smith, Goczkowski, Bogusz NAYS: 4-Lysakowski, Moylan, Brookman, Chester ABSENT: 0 -None Motion declared carried. APPROVE BUSINESS ASSISTANCE GRANT/FACADE AND INTERIOR/ 1275 LEE STREET: Resolution R-163-19 ADOPT METRA STATION FEASIBILITY STUDY: Resolution R-164-19 APPROVE MAJOR VARIATIONS/ WALL SIGNS/ 877 ELMHURST ROAD: Ordinance Z-27-19 APPROVE ZONING MAP AMENDMENT AND MAJOR VARIATIONS/ 1475 OAKTON STREET: Ordinance Z-28-19 Page 14 of 14 09/16/19 Moved by Rodd, seconded by Zadrozny to Approve Resolution R-163-19, A RESOLUTION APPROVING BUSINESS ASSISTANCE PROGRAM GRANTS FOR FACADE AND INTERIOR BUILD -OUT IMPROVEMENTS AT 1275 LEE STREET. Upon roll call, the vote was: AYES: 5 -Rodd, Zadrozny, Smith, Goczkowski, Bogusz NAYS: 4-Lysakowski, Moylan, Brookman, Chester ABSENT: 0 -None Motion declared carried. Moved by Rodd, seconded by Zadrozny to Approve Resolution R-164-19, A RESOLUTION ADOPTING A METRA STATION FEASIBILITY STUDY FINAL REPORT PREPARED BY AECOM FOR THE CITY OF DES PLAINES. Upon voice vote, motion carried. Moved by Rodd, seconded by Goczkowski to approve, as amended with the condition no grant funds are used on the exterior, Ordinance Z-27-19, AN ORDINANCE APPROVING MAJOR VARIATIONS FROM SECTIONS 12- 11-E.0 AND 12-11-6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE INSTALLATION OF THREE WALL SIGNS AT 877 ELMHURST ROAD, DES PLAINES, ILLINOIS (CASE #19-045-V). Upon voice vote, motion carried. Moved by Rodd, seconded by Chester to Approve Ordinance Z-28-19, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT AND MAJOR VARIATIONS AT 1475 OAKTON STREET. DES PLAINES, ILLINOIS CASE #19 -048 -V -MAP). Upon voice vote, motion carried. ADJOURNMENT: Moved by Chester, seconded by Brookman, to adjourn the meeting. declared carried. The meeting adjourned at 9:38 p.m. atzAAJoix, APPROVED BY ME THIS '% a DAY OF fl 1 .11.0rjr# Matthew J. Bo = sz, r r'OR 2019 Motion Laura Fast — DEPUTY CITY CLERK