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Council Minutes 06-01-20MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD VIA ZOOM VIDEO CONFERENCE ON MONDAY, JUNE 1, 2020 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was called ORDER: to order by Mayor Bogusz at 7:02 p.m. The meeting was lived -streamed via: http://desplaines.org/accessdeplaines and played on DPTV Channel 17 on Monday, June 1, 2020. ROLL CALL: 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 Anderson, Police Chief Kushner, and General Counsel Friedman. PRAYER AND The prayer was offered by Alderman Goczkowski followed by the Pledge of PLEDGE: Allegiance to the Flag of the United States of America. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, MONDAY, JUNE 1, 2020 PUBLIC Mayor Bogusz called the Text Amendments to the Des Plaines Zoning Ordinance HEARING/TEXT Public Hearing to order at 7:05 p.m. AMENDMENTS TO THE ZONING Director of Community and Economic Development McMahon reviewed a ORDINANCE: memorandum dated April 28, 2020. The City of Des Plaines is requesting Text Amendments to the following sections of the 1998 Des Plaines Zoning Ordinance, as amended, and Title 13, Subdivision Ordinance: (i) Section 12-7-1.C., to add Auto Filling Station Accessory Canopies to the Permitted Obstruction In Required Yard Table; (ii) Sections 12-7-3.K and 12-7- 4.G, adding Commercial Schools as a permitted use in the C-2 and C-7 zoning districts and adding Class B Restaurants as a permitted use in the M-2 zoning district; (iii) Sections 12-3-4.B. and H.; to amend the extension approval language for Conditional Uses; (iv) Section 12-3-5.D, to amend the allowed amount of time to submit for a Final Planned Unit Development (PUD) after a Preliminary PUD is approved; and (v) Sections 13-2-10.C. and E. of Title 13, Subdivision Regulations, to amend the amount of time for filing and reviewing a Final Plat of Subdivision and to record an approved Final Plat of Subdivision. Staff recommended approval of Ordinance Z-15-20. Moved by Rodd, seconded by Goczkowski, to adopt Ordinance Z-15-20, AN ORDINANCE AMENDING THE TEXT OF VARIOUS SECTIONS OF THE DES PLAINES ZONING ORDINANCE AND SUBDIVISION REGULATIONS OF THE CITY CODE. Upon roll call, the vote was: (Cont.) PUBLIC HEARING/ SUBSTANTIAL AMENDMENTS TO THE CONSOIDATED AND ANNUAL ACTION PLANS: Page 2 of 9 AYES: 8- Lysakowski, Moylan, Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski NAYS: 0 None ABSENT: 0- None Motion declared carried. 06/01/20 Moved by Rodd, seconded by Chester, to Advance to Second Reading and Adopt Ordinance Z-15-20, AN ORDINANCE AMENDING THE TEXT OF VARIOUS SECTIONS OF THE DES PLAINES ZONING ORDINANCE AND SUBDIVISION REGULATIONS OF THE CITY CODE. 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. With no public comments, Mayor Bogusz adjourned the Public Hearing at 7:16 p.m. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, MONDAY, JUNE 1, 2020 Mayor Bogusz called the Substantial Amendments to the 2015-2019 Consolidated and 2019 Annual Action Plans Public Hearing to order at 7:16 p.m. Director of Community and Economic Development McMahon reviewed a memorandum dated May 14, 2020. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, makes $5 billion available in supplemental Community Development Block Grant funding from the Department of Housing and Urban Development to prevent, prepare for, and respond to the coronavirus. The City expects to receive $180,767 in grant funds. Pursuant to and in accordance with the expedited amendment process approved by HUD, the City of Des Plaines will have to amend its 2015-2019 Consolidated Plan, Program Year 2019 Annual Action Plan, and its CDBG Citizen Participation Plan to incorporate the receipt of CDBG-CV grant funds. The following eligible activities to be funded have been identified: • Rent and utility assistance for low and moderate -income households during the COVID-19 pandemic; • Hotel/motel overnight stay expenses due to the COVID-19 pandemic; • Provide the equipment, supplies, and materials necessary to carry out a public service during the COVID-19 pandemic; and • Meals -On -Wheels programs for quarantined individuals or individuals that need to maintain social distancing due to medical vulnerabilities. (Cont.) PUBLIC HEARING/ REBUILD ILLINOS PUBLIC INFRASTRUCTURE GRANT: Page 3 of 9 06/01/20 Like all other CDBG funding grants, these funds will be distributed via reimbursement to sub -recipients after all documentation has been submitted and approved. This public hearing will conclude the required minimum public comment period as required by HUD. The five-day public comment period for the PY2019 City of Des Plaines CARES Act Amendment began May 27, 2020, following a legal notice published in the Journal and Topics newspaper on May 13, 2020. Complete copies of the draft the PY2019 City of Des Plaines CARES Act Amendment are available. Staff recommended the City Council approve Resolution R-101-20. Moved by Brookman, seconded by Rodd, to approve Resolution R-101-20, A RESOLUTION APPROVING AND ADOPTING THE PROGRAM YEAR 2019 CITY OF DES PLAINES CARES ACT AMENDMENT INCLUDING SUBSTANTIAL AMENDMENTS TO THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2015-2019 CONSOLIDATED PLAN, 2019 ACTION PLAN AND CITIZEN PARTICIPATION PLAN. 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. With no public comments, Mayor Bogusz adjourned the Public Hearing at 7:22 p.m. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, MONDAY, JUNE 1, 2020 Mayor Bogusz called the Rebuild Illinois Public Infrastructure Grant Public Hearing to order at 7:22 p.m. Director of Public Works and Engineering Oakley reviewed a memorandum dated May 15, 2020. Pursuant to the Rebuild Illinois Public Infrastructure Program (RIPI) requirements, this public hearing is held to approve the application for grant funding to construct Street and Utility Improvements. The City is proposing to submit an application for funding in the amount of $4,747,391.10 from the RIPI Grant Program to construct Street and Utility Improvements at various locations in the City of Des Plaines. Locations identified for improvements include: Church St (Bellaire to Good); Craig Dr (Scott to Patton); Forest Ave (Margret to Webster); Halsey Dr (Scott to Craig); Lincoln Ln (Elmhurst to Ridge); (Cont.) Page 4 of 9 06/01/20 Pine St (Howard to Highland); Santa Rosa Dr (Wolf to Dead End); Short Ter (Lincoln to Oakton); Trailside Ln (Ballard to Ottawa); Woods Rd (Trailside to Dead End) The project scope includes water main replacement, miscellaneous storm and sanitary sewer repairs, curb and driveway replacement, pavement replacement, sidewalk repairs and/or new construction; and various restoration work per the City of Des Plaines standards and specifications for street and utility improvements for capital improvements. A draft copy of the Grant Application, which includes maps, drawings and other pertinent information developed by the City of Des Plaines is available at the city of Des Plaines Engineering Department. This public hearing completes the required public comment period as required by the Rebuild Illinois Public Infrastructure Program requirements. The public comment period began on May 13, 2020, following a legal notice published in the Daily Herald. Moved by Moylan, seconded by Lysakowski, to Approve Resolution R-102-20, A RESOLUTION SUPPORTING THE SUBMISSION OF A REBUILD ILLINOIS PUBLIC INFRASTRUCTURE GRANT APPLICATION TO THE STATE OF ILLINOIS DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY. 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. With no public comments, Mayor Bogusz adjourned the Public Hearing at 7:25 p.m. PUBLIC The City of Des Plaines continues to follow social distancing requirements and COMMENT: Governor Pritzker's Stay -at -Home Order. In 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 e-mailed to publiccomments@desplaines.org or phoned in to the City Clerk's Office by 5:00 pm on June 1, 2020. The public comments that were received were distributed to the City Council prior to tonight's meeting and are included as Exhibit A. MAYORAL On March 16, 2020, a Declaration of Civil Emergency for the City of Des Plaines ANNOUNCEMENT 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 Page 5 of 9 06/01/20 (Cont.) City's respective collective bargaining agreements; and (3) directed City officials and employees to cooperate with other government agencies. CONSENT AGENDA: 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. Moved by Brookman, seconded by Rodd, to extend the Mayor's 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: 8- Lysakowski, Moylan, Rodd, Zadrozny Brookman, Chester, Smith, Goczkowski NAYS: 0 None ABSENT: 0- None Motion declared carried. Moved by Rodd, seconded by Lysakowski, to establish the Consent Agenda. 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 Goczkowski, seconded Lysakowski, to approve the Consent Agenda. 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. Minutes were approved; Ordinance Z-15-20; Resolutions R-101-20, R-102-20, R-107-20, R-108-20, R-109-20 were adopted. ADOPT Moved by Goczkowski, seconded by Lysakowski, to Approve Resolution R-107-20, VOLUNTARY A RESOLUTION AUTHORIZING THE ADOPTION AND IMPLEMENTATION EMPLOYEE OF A VOLUNTARY EMPLOYEE RETIREMENT INCENTIVE PROGRAM. RETIREMENT Motion declared carried as approved unanimously under Consent Agenda. PROGRAM: Consent Agenda Resolution R-107-20 APPROVE Moved by Goczkowski, seconded by Lysakowski, to Approve Resolution R-108-20, PAYMENT/ A RESOLUTION AUTHORIZING PAYMENT UNDER PROTEST TO INTREN, INC FOR COSTS ASSOCIATED TO THE RELOCATION OF SECONDARY INTREN/UTILITY RELOCATION: Consent Agenda Resolution R-108-20 APPROVE PAYMENT/WIDE OPEN WEST/UTILITY RELOCATION: Consent Agenda Resolution R-109-20 APPROVE MINUTES: Consent Agenda APPROVE MINUTES: Consent Agenda NEW BUSINESS: WARRANT REGISTER: CONSIDER ONE- YEAR EXTENSION OF CU/ 915 LEE STREET: Page 6 of 9 06/01/20 COMMONWEALTH EDISON COMPANY SERVICE LINES AT 1420 MINER STREET AND THE ADJACENT ALLEY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Goczkowski, seconded by Lysakowski, to Approve Resolution R-109-20, A RESOLUTION AUTHORIZING PAYMENT UNDER PROTEST TO WIDE OPEN WEST INCORPORATED FOR COSTS ASSOCIATED TO THE RELOCATION OF COMMUNICATION SERVICE LINES AT 1420 MINER STREET AND THE ADJACENT ALLEY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Goczkowski, seconded by Lysakowski, to approve the Minutes of the City Council meeting of May 18, 2020, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Goczkowski, seconded by Lysakowski, to approve the Closed Session Minutes of the City Council meeting of May 18, 2020, as published. Motion declared carried as approved unanimously under Consent Agenda. FINANCE & ADMINISTRATION — Alderman Chester, Chairman Chairman Chester presented the Warrant Register for consideration. Moved by Chester, seconded by Brookman, to approve the Warrant Register of June 1, 2020 in the Amount of $6,287,144.46 and approve Resolution R-106-20. 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. COMMUNITY DEVELOPMENT — Alderman Rodd, Chairman Director of Community and Economic Development McMahon reviewed a memorandum dated May 11, 2020. On June 17, 2019, the petitioner, Mr. Tom Leontios, obtained Conditional Use to operate a Congregate Housing Use at 915 Lee Street; a Map Amendment to rezone the property from C-3 to R-4; and two Major Variations to construct a senior independent (Cont.) CONSIDER AMENDMENTS TO 6B CLASSIFICATIONS FOR 76 BRADROCK DRIVE AND 31 E OAKTON ST: Page 7 of 9 06/01/20 living facility. The proposal includes retaining and renovating the existing two-story building and constructing a six -story addition. The existing building will contain offices, a dining lounge, various recreation space, and communal amenities for residents while the new addition will consist of 100 independent retirement units including 52 one -bedroom units and 48 studio/efficiency units. Section 12-3-4(H) of the Des Plaines Zoning Ordinance states the following, "No conditional use permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion. However, the city council may extend the one-year period to a mutually agreed upon time." The petitioner at 915 Lee Street is working with the Des Plaines Finance and Community and Economic Development Departments to request an extension of the Conditional Use for one year. The extension will give the petitioner more time to obtain all necessary building permits and begin construction. Moved by Rodd, seconded by Lysakowski, to Approve Resolution R-103-20, A RESOLUTION GRANTING AN EXTENSION OF THE APPROVAL FOR THE CONDITIONAL USE PERMIT TO CONSTRUCT A CONGREGATE HOUSING CENTER AT 915 LEE STREET, DES PLAINES, IL. 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. Director of Community and Economic Development McMahon reviewed a memorandum dated May 14, 2020. The new owner of 76 Bradrock Drive and 31 E. Oakton Street, VK 31 Oakton, LLC and VK 76 Bradrock, LLC, both subsidiaries of Venture One, is requesting an amendment to Resolutions R-206-19 and R-137-19 in an attempt to reduce the number of full-time employees generated per building. On August 5, 2019, City Council adopted Resolutions R-137-19 and R-138-19 consenting and supporting a Cook County Class 6b for the properties at 31 E. Oakton Street and 76 Bradrock Drive due to vacancy and substantial rehabilitation. A discrepancy was found on Resolution R-138-19 and was later updated by Resolution R-206-19 being adopted on December 16, 2019. The property owner had an end user who was willing to take over both buildings earlier this year, but that end user later backed out due to the uncertainty in the economy. The property owner now has a new end user that wants to occupy 76 Bradrock for a one- year term and bring in approximately 7 to 21 full-time employees. The end user may occupy both buildings after the one-year term is up. As a result of this potential deal, the property owner is requesting City Council to reduce the anticipated 50 full-time employees generated per building down to 20 full-time employees and have it be reflected in updated resolutions. No other changes are being requested including the commitment to invest the $2,300,000 cumulatively into both buildings within two Page 8 of 9 06/01/20 (Cont.) years as cited in Resolutions R-137-19 and R-206-19. Two permits totaling $680,000 each were recently issued to help start on improving both buildings. The full-time employee figure is a standard found in the City's Class 6b application, but there is a built-in waiver request as part of that application if the applicant cannot meet the requirements. When the property owner applied, there was no business end user identified, but the 50 full-time employee requirement was inserted into each resolution based on the information provided in each application. Matt Goode, Venture One Real Estate, joined the Zoom Conference. Mr. Goode explained the commitment to invest the $2,300,000 cumulatively into both buildings has not changed. Unfortunately the original tenant backed out of the deal and at this time the end user will only fill approximately 20 full-time positions. Moved by Brookman, seconded by Rodd, to Approve Resolution R-104-20, AN AMENDED AND RESTATED RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 76 BRADROCK DRIVE. 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 Lysakowski, to Approve Resolution R-105-20, AN AMENDED AND RESTATED RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 31 E OAKTON STREET, DES PLAINES, ILLINOIS. 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. DISCUSS Staff has reached out to businesses and specifically to restaurants to discuss outdoor BUSINESS dining options during the re -opening phase of the COVID-19 virus. Other options to ASSISTANCE assist businesses include waiving business license fees and/or liquor license fees. The PROGRAMS: Community and Economic Development department previously provided a long list of possibilities to support the City's businesses. Staff was directed to report back next meeting under Legal and Licensing Committee the financial impact of waiving business and liquor license fees. BUILDING CODE — Alderman Zadrozny, Chairman DISCUSS TATOO PARLORS: Page 9 of 9 06/01/20 Chairman Zadrozny was contacted by a resident interested in opening a tattoo parlor in the city. The city currently licenses one tattoo parlor in Metropolitan Square. Staff was directed to survey surrounding communities regarding regulating tattoo parlors and report back to the committee. COMMUNITY SERVICES — Alderman Goczkowski, Chairman DISCUSS 4TH OF Due to the COVID-19 social distancing requirements the Fourth of July parade has JULY SPECIAL been canceled. Chairman Goczkowski presented alternate ideas to celebrate, such as EVENT: a reverse parade, home decorating contest, wave flags at a specific time and a montage. The consensus was to proceed with a montage and home decorating contest. ADJOURNMENT: Moved by Rodd, seconded by Moylan, to adjourn the meeting. Motion declared carried. The meeting adjourned at 8:51 p.m. /4 it( Je gii fifer L. APPROVED BY ME THIS 1561 DAY OF iLk , 2020 Matthew J. Bogusz, MAYOR salapatanis — City Clerk ilifuv;N