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Council Minutes 09-19-21MINUTES 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 20, 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, September 20, 2021. ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Zadrozny, Chester, Smith. Absent: Brookman, Ebrahimi. 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 Manager Carlisle, Fire Chief Anderson, Police Chief Anderson, and General Counsel Friedman. PRAYER AND The prayer and the Pledge of Allegiance to the Flag of the United States of America PLEDGE were offered by City Clerk Mastalski. ALDERMEN Alderman Zadrozny, Alderman Chester, and Alderman Smith each acknowledged the ANNOUNCEMENTS Fall Fest and thanked the organizers. MAYORAL Mayor Goczkowski stated the City will be hosting a community garage sale on Friday, ANNOUNCEMENTS September 24, 2021 — Sunday, September 26, 2021. On March 16, 2020, a Declaration of Civil Emergency for the City of Des Plaines 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. Moved by Lysakowski, seconded by Oskerka, 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: 6 - Lysakowski, Moylan, Oskerka, Zadrozny, Chester, Smith NAYS: 0 - None ABSENT: 2 - Brookman, Ebrahimi Motion declared carried. 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 20, 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, September 20, 2021. ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Zadrozny, Chester, Smith. Absent: Brookman, Ebrahimi. 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 Manager Carlisle, Fire Chief Anderson, Police Chief Anderson, and General Counsel Friedman. PRAYER AND The prayer and the Pledge of Allegiance to the Flag of the United States of America PLEDGE were offered by City Clerk Mastalski. ALDERMEN Alderman Zadrozny, Alderman Chester, and Alderman Smith each acknowledged the ANNOUNCEMENTS Fall Fest and thanked the organizers. MAYORAL Mayor Goczkowski stated the City will be hosting a community garage sale on Friday, ANNOUNCEMENTS September 24, 2021 —Sunday, September 26, 2021. On March 16, 2020, a Declaration of Civil Emergency for the City of Des Plaines 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. Moved by Lysakowski, seconded by Oskerka, 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: 6 - Lysakowski, Moylan, Oskerka, Zadrozny, Chester, Smith NAYS: 0 - None ABSENT: 2 - Brookman, Ebrahimi Motion declared carried. Page 2 of 11 09/20/21 CONSENT Moved by Chester, seconded by Zadrozny, to establish the Consent Agenda. AGENDA Upon voice vote, the vote was: AYES: 6 - Lysakowski, Moylan, Oskerka, Zadrozny, Chester, Smith NAYS: 0 - None ABSENT: 2 - Brookman, Ebrahimi Motion declared carried. APPROVE AMD OF CITY CODE /CLASS AB -1/ AT 7 LLC: Consent Agenda Ordinance M-12-21 APPROVE AMD/ TRANSIT SHELTER AGMT/ IC&SC: Consent Agenda Resolution R-135-21 Moved by Chester, seconded by Moylan, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 6 - Lysakowski, Moylan, Oskerka, Zadrozny, Chester, Smith NAYS: 0 - None ABSENT: 2 - Brookman, Ebrahimi Motion declared carried. Minutes were approved; Ordinance M-12-21 was approved; Ordinance Z-43-21, M-11-21, Z-44-21, Z-45-21 were adopted; Resolutions R-135-21, R-137-21, R-145-21, R-146-21, R-152-21, R-153-21 were adopted. Moved by Chester, seconded by Moylan to Approve First Reading of Ordinance M-12-21, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS AB -1 (TAVERN 251-500 FOR ON-SITE CONSUMPTION & RETAIL BULK SALES FOR OFF-SITE CONSUMPTION) LIQUOR LICENSE FOR AT 7, LLC D/B/A AT 7 BAR & GRILL, 1472 MARKET STREET. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chester, seconded by Moylan to Approve Resolution R-135-21, A RESOLUTION APPROVING AN AMENDED TRANSIT SHELTER AGREEMENT AND CONSENT TO ASSIGNMENT. Motion declared carried as approved unanimously under Consent Agenda. APPROVE TASK Moved by Chester, seconded by Moylan to Approve Resolution R-145-21, A ORD/ PRO ENGR RESOLUTION APPROVING TASK ORDER NO. 13 UNDER A MASTER SVCS/TROTTER & CONTRACT WITH TROTTER & ASSOCIATES, INC FOR PROFESSIONAL ASSOCIATES: ENGINEERING SERVICES. Motion declared carried as approved unanimously Consent Agenda under Consent Agenda. Resolution R-145-21 APPROVE TASK Moved by Chester, seconded by Moylan to Approve Resolution R-146-21, A ORD/ SCADA SYS/ RESOLUTION APPROVING TASK ORDER NO 4 UNDER A MASTER UNDERLICH- CONTRACT WITH UNDERLICH-MALEC ENGINEERING INC FOR THE Page 3 of 11 09/20/21 MALEC PHYSICAL PROPAGATION STUDY OF THE SCADA SYSTEM. Motion declared ENGINEERING carried as approved unanimously under Consent Agenda. INC: Consent Agenda Resolution R-146-21 APPROVE Moved by Chester, seconded by Moylan to Approve Resolution R-152-21, A AGMT/MAPLE ST RESOLUTION APPROVING AN AGREEMENT WITH JOHN NERI RSV FILL IMPS/ CONSTRUCTION CO INC FOR THE MAPLE STREET RESERVOIR FILL JOHN NERI IMPROVEMENTS. Motion declared carried as approved unanimously under Consent CONSTRUCTION Agenda. CO INC: Consent Agenda Resolution R-152-21 AUTH PUR/ Moved by Chester, seconded by Moylan to Approve Resolution R-153-21, A EQUIP FOR RESOLUTION AUTHORIZING THE PUCHASE OF EQUIPMENT FOR THE REFURB OF 10- REFURBISHMENT OF A 10 -TON DUMP TRUCK FROM RUSH TRUCK TON DUMP TRK/ CENTERS OF ILLINOIS. Motion declared carried as approved unanimously under RUSH TRUCK Consent Agenda. CENTERS OF IL: Consent Agenda Resolution R-153-21 SECOND Moved by Chester, seconded by Moylan to Approve Ordinance Z-43-21, AN READING/ ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A TRADE ORDINANCE CONTRACTOR USE AT 1773 E OAKTON ST, DES PLAINES, IL. Motion declared Z-43-21: carried as approved unanimously under Consent Agenda. Consent Agenda SECOND Moved by Chester, seconded by Moylan to Approve Ordinance M-11-21, AN READING/ ORDINANCE AMENDING TITLE 15 OF THE DES PLAINES CITY CODE ORDINANCE REGARDING THE O'HARE CORRIDOR PRIVILEGE TAX AREA. Motion M-11-21: declared carried as approved unanimously under Consent Agenda. Consent Agenda SECOND Moved by Chester, seconded by Moylan to Approve Ordinance Z-44-21, AN READING/ ORDINANCE APPROVING A MAJOR AMENDMENT TO AN EXISTING ORDINANCE PLANNED UNIT DEVELOPMENT, FINAL PLAT OF SUBDIVISION AND Z-44-21: MAJOR VARIATIONS FOR 1700 W HIGGINS ROAD, DES PLAINES, IL (CASE Consent Agenda #21-005-FPLAT-V-PUD-A). Motion declared carried as approved unanimously under Consent Agenda. Page 4 of 11 09/20/21 SECOND Moved by Chester, seconded by Moylan to Approve Ordinance Z-45-21, AN READING/ ORDINANCE VACATING AN UNIMPROVED PORTION OF WEBSTER ORDINANCE AVENUE PUBLIC RIGHT-OF-WAY. Motion declared carried as approved Z-45-21: unanimously under Consent Agenda. Consent Agenda APPROVE Moved by Chester, seconded by Moylan to Approve the Minutes of the City Council MINUTES meeting of September 7, 2021, as published. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. APPROVE Moved by Chester, seconded by Moylan to Approve Resolution R-137-21, A CONTRACT/ RESOLUTION APPROVING THE FIRST RENEWAL OF A CONTRACT WITH SNOW REMOVAL DGO PREMIUM SERVICES CO. FOR SIDEWALK SNOW REMOVAL SVCS/DGO SERVICES. Motion declared carried as approved unanimously under Consent PREMIUM Agenda. SERVICES CO: Consent Agenda Resolution R-137-21 NEW BUSINESS: FINANCE & ADMINISTRATION — Alderman Zadrozny, Chair WARRANT Alderman Zadrozny presented the Warrant Register. REGISTER Resolution Moved by Zadrozny, seconded by Chester, to approve the Warrant Register of R-147-21 September 20, 2021 in the Amount of $3,861,862.50 and approve Resolution R-147-21. Upon roll call, the vote was: AYES: 6 - Lysakowski, Moylan, Oskerka, Zadrozny, Chester, Smith NAYS: 0 - None ABSENT: 2 - Brookman, Ebrahimi Motion declared carried. Alderman Zadrozny made an announcement stating the City will be holding Special Meetings of the City Council for the purpose of a Budget Hearing. The meetings will be held on October 7, 2021 and October 12, 2021; they are open to the public. COMMUNITY DEVELOPMENT — Alderman Chester, Chair CONSIDER Community and Economic Development Manager Carlisle reviewed a memorandum GRANTING A dated September 8, 2021. CONDITIONAL USE PERMIT FOR The petitioner, Faris Samawi, has requested a Conditional Use Permit for a A CONVENIENCE Convenience Mart Fueling Station Use at 10 W. Golf Road. The subject property is on MART FUELING the northwest corner of the Golf Road/Mount Prospect Road intersection. The property STATION USE AT is located within the C-3 General Commercial district, where a Convenience Mart 10 W GOLF RD Fueling Station is a conditional use. The Plat of Survey shows a single -tenant building with seven fuel pumps and canopies, three accessory sheds behind the building, and Page 5 of 11 09/20/21 Ordinance off-street surface parking areas on the east and north sides of the property. Access to Z-46-21 the subject property is available off Golf Road and Mount Prospect Road, each with two curb -cuts. The existing one-story, 2,047 -square -foot building consists of a small lobby area with counter, a restroom, three repair bays, and two storage areas at the rear. The petitioner wishes to renovate the existing floor plan by removing the three service bays to make room for the convenience mart, adding an employee restroom, and retaining the existing restroom and storage areas, based on the Proposed Floor Plan. The petitioner proposes to make fagade and finishing changes to the south (front) elevation of the building where the existing service bays are located and retain the existing building material and fagade finishes, based on the Proposed Elevations. Staff is recommending a condition that the proposed building materials on the front fagade meet the requirements of Section 12-3-11 of the Des Plaines Zoning Ordinance. The petitioner's proposal also includes various site improvements including the removal of the three sheds, new rear pavement area, new eight -foot privacy fence, new landscaping buffer along the north property line, refaced pole sign, refurbished landscape area at the southeast corner of the property, and new dumpster enclosure at the northwest corner of the property, based on the Proposed Site Plan. Staff has added a condition that the proposed dumpster enclosure meets the requirements of Section 12-10-11 of the Zoning Ordinance. The proposed floor plan includes a 1,208 -square -foot retail area, and the site contains five fuel pumps. The following parking regulations apply to automotive fuel stations pursuant to Section 12-9-7 of the Zoning Ordinance: • One parking space for every 200 square feet of accessory retail area; and • Two parking spaces for each fuel pump. A total of 16 off-street parking spaces are required including one handicap accessible parking space. The Proposed Site Plan provides 24 parking spaces including one handicap accessible parking space and two spaces per fuel pump, and 13 off-street parking spaces to meet this requirement. The convenience mart fueling station will be open Monday through Friday from 5 a.m. to 11:59 p.m., Saturday from 7 a.m. to 11:59 pm, and Sunday from 7 a.m. to 10 p.m. The proposed convenience mart is intended to sell items such as cigarettes, lottery, beverages, fountain drinks, snacks, coffee, milk, bread, beer, wine, and similar items. The petitioner will have to obtain or update all necessary local and state licenses necessary to sell alcohol and tobacco. A maximum of five employees will be on site at a given time. The PZB recommended (4-0) that the City Council approve the request with conditions. Similarly, staff recommends approval of the requests via Ordinance Z-46-21, which approves a conditional use, subject to the following conditions. Conditions of Approval: 1. A minimum of three four -foot -long landscape planter boxes are installed along the front of the building and are populated with perennials. 2. The existing pavement areas are resurfaced and re -striped. Page 6 of 11 09/20/21 3. Plans for the dumpster enclosure in compliance with Section 12-10-11 of the Des Plaines Zoning Ordinance shall be submitted to staff at time of building permit. 4. A Photometric Plan in compliance with Section 12-12-10 of the Zoning Ordinance shall be submitted to staff at time of building permit. 5. No repair or storage of vehicles and equipment is permitted on the property at any time. 6. Plans submitted at time of building permit may need to be adjusted to meet all code requirements. Moved by Zadrozny, seconded by Chester, to Approve the Ordinance Z-46-21, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A CONVENIENCE MART FUELING STATION USE AT 10 W GOLF ROAD, DES PLAINES, IL. Upon voice vote, the vote was: AYES: 6 - Lysakowski, Moylan, Oskerka, Zadrozny, Chester, Smith NAYS: 0 - None ABSENT: 2 - Brookman, Ebrahimi Motion declared carried. CONSIDER FINAL Community and Economic Development Manager Carlisle reviewed a memorandum PLAT OF dated August 25, 2021. SUBDIVISION FOR THE The petitioner, Daniel Beniek, is requesting a Final Plat of Subdivision for the property PROPERTY AT located at 1418-1424 Wedgewood Avenue. The subject property is 19,984 square feet 1418-1424 (0.46 acres) in size and is comprised of one unimproved lot as shown in the Plat of WEDGEWOOD Survey. A request to subdivide the subject property was approved in 2006 and AVE TO SPLIT addresses 1418 and 1424 Wedgewood were assigned. However, the Final Plat of THE EXISTING Subdivision was never recorded. Thus, the petitioner obtained approval for a Tentative LOT INTO TWO Plat of Subdivision and standard variation for lot width from the Planning and Zoning LOTS OF Board on June 8, 2021, and is now requesting the Final Plat of Subdivision. RECORD The petitioner is proposing to subdivide the existing vacant lot into two lots of record Resolution for future single-family home development. However, this proposal does not include R-148-21 the immediate development of the two proposed lots at this time. Both lots will be 10,000 square feet in size and measure 50 feet in width with a 30 -foot front building setback. There are five-foot public utility easements proposed for the sides and ten - foot public utility easements proposed for the front and rear of each lot based on the Final Plat of Subdivision. The PZB recommended (4-0) that the City Council approve the request without any conditions. Similarly, staff recommends approval of the requests via Resolution R-148-21, which approves a Final Plat of Subdivision. Moved by Oskerka, seconded by Chester, to approve the Resolution R-148-21, A RESOLUTION APPROVING A FINAL PLAT OF SUBDIVISION FOR THE SKYCREST SUBDIVISION LOCATED AT 1418-1424 WEDGEWOOD AVENUE, DES PLAINES, IL. Upon voice vote, the vote was: Page 7 of 11 09/20/21 AYES: 6 - Lysakowski, Moylan, Oskerka, Zadrozny, Chester, Smith NAYS: 0 - None ABSENT: 2 - Brookman, Ebrahimi Motion declared carried. CONSIDER Community and Economic Development Manager Carlisle reviewed a memorandum SUPPORT OF AND dated September 9, 2021. CONSENTING TO COOK COUNTY Mariner Higgins Centre, LLC, applied for and received in 2019 City support for the CLASS 713 Cook County Class 7b property tax incentive for improvements at 1700 Higgins Road. INCENTIVES FOR At the time a freestanding restaurant was proposed to be built alongside an existing 1700 HIGGINS RD office building that would undergo significant renovation. The development proposal Resolutions has now changed. While office renovations have occurred, the new proposal is for a R-149-21 207 -space, 68,290 -square -foot parking garage; two new billboards in the place of the R-150-21 existing ones (Lots 1, 3, and 4 of the subdivision); as well as a new 107 -room, five - story, 64,670 -square -foot Home2 Suites by Hilton hotel (Lot 2). Therefore, the applicant now seeks new resolutions to support amended 7b incentives. Because Lot 2 is expected to be sold to a separate entity, its supporting resolution and the incentive is separate from Lots 1, 3, and 4. Similar to the Class 6b incentive, which is designed to spur industrial investment, 7b reduces the assessment level and the property tax bill for qualified commercial properties. Class 7b targets investment in areas deemed to need commercial development, the declaration for which was made for 1700 Higgins through the initially approved 7b support (Resolutions R-146-19, with a blight declaration made by R-145-19). To qualify for a 7b through the County, projects must not be economically feasible without the incentive, and total development costs must exceed $2 million. A 7b reduces assessment level of 10 percent of fair market value for the first ten years, 15 percent for the eleventh year, and 20 percent for the twelfth year, and as with 6b, it may be renewed. Without this incentive, commercial property would normally be assessed at 25 percent. As with a 6b, County approval requires the local municipality expressing formal support through a resolution. For 7b incentives, municipalities and applicants commonly enter into incentive agreements, which are exhibits to the supporting resolutions. These agreements set expectations and ensure clear terms for continued support of the incentive while providing remedies to the municipality if development expectations are not met. The agreements also address circumstances when, as is this case here, a portion of a development is proposed to be sold. The subject properties at 1700 Higgins encompass 5.75 acres. The office building was built in 1986, and aging elevations and other factors led to some long-term tenants leaving. However, the applicant is addressing this not only through building renovation but also through proposed additional investment into the property, which are estimated to be more than $16 million in hard costs. Approximately $7.5 million will go toward the hotel. Page 8 of 11 09/20/21 The application is filed under the County eligibility criteria of substantial rehabilitation and new construction. The City considers the following additional criteria when evaluating requests for 7b support: • Total construction value of at least $10 million; • At least 50 new full-time jobs to be generated; and • The 7b is not located within an established TIF District (it is not). Based on the application, these criteria appear to be met, and continued support is tied to them remaining to be met. The applicant provided three property tax -impact scenarios: 1.) as is with no improvements/development, 2.) improvements/development with a 7b, and 3.) improvements/development without a 7b. While No. 3 is substantially greater than No. 2, the applicant asserts No. 3 is not feasible. The difference between them — approximately $675,000 per year — is the estimated value of the incentives for each of the first 10 years. Regardless, the projected property tax revenue to be generated by the property investment with approved 7b is just less than $7.3 million over the life of the incentive. Further, the City can expect revenue from hotel room and perhaps parking taxes. Annual Tax Impact Scenarios: 1. Estimated Property Taxes as is: $525,455 2. Estimated Property Taxes with proposed improvements with a 7b (first 10 years): $1,133,634 3. Estimated Property Taxes with proposed improvements without a 7b: $1,808,456 Staff recommends the City Council adopt Resolutions R-149-21 and R-150-21 to support amended Class 7b incentives, and recommends the City enter into the incentive agreements made part of those resolutions. Moved by Chester, seconded by Zadrozny, to approve the Resolution R-149-21, A RESOLUTION SUPPORTING AND CONSENTING TO MARINER HIGGINS CENTRE, LLC'S REVISED CLASS 7B CLASSIFICATION APPLICATION FOR LOTS 1, 3, AND 4 OF 1700 W HIGGINS ROAD (RETAINED PARCELS). Upon roll call, the vote was: AYES: 6 - Lysakowski, Moylan, Oskerka, Zadrozny, Chester, Smith NAYS: 0 - None ABSENT: 2 - Brookman, Ebrahimi Motion declared carried. Moved by Chester, seconded by Moylan, to approve the Resolution R-150-21, A RESOLUTION SUPPORTING AND CONSENTING TO MARINER HIGGINS CENTRE, LLC'S REVISED CLASS 7B CLASSIFICATION APPLICATION FOR LOT 2 OF 1700 W HIGGINS ROAD (HOTEL PARCEL). Upon roll call, the vote was: AYES: 6 - Lysakowski, Moylan, Oskerka, Zadrozny, Chester, Smith NAYS: 0 - None ABSENT: 2 - Brookman, Ebrahimi Motion declared carried. Page 9 of 11 09/20/21 CONSIDER Community and Economic Development Manager Carlisle reviewed a memorandum APPROVING A dated September 9, 2021. BUSINESS ASSISTANCE Ron Kammo, owner of At 7 Bar & Grill, has filed a business assistance application PROGRAM requesting an Interior Build -Out grant to open a Class A restaurant with liquor license GRANT FOR at 1472 Market Street. The applicant is also requesting a waiver to the Interior Build - INTERIOR BUILD- Out amount to increase the maximum award amount from $15,000 to $47,742 due to OUT the amount of investment needed to reactivate the space. The total requested award is IMPROVEMENTS less than $50,000, which is the standard maximum when an applicant asks for awards AT 1472 MARKET from multiple grants within the program (e.g. Awning, Fagade Improvement). In this ST case the applicant is requesting funds only from Interior Build -Out. There are not Resolution designated, individual allocations toward the specific grant types: Fagade, Interior R-151-21 Build -Out, etc. All assistance is awarded from the same Business Assistance Program fund. The applicant currently owns and operates Q Bar & Grill at 3801 Mannheim Road in Schiller Park. The space they are investing in had been built out to suit the Tap House brand, so modifications are required to establish At 7's similar but slightly different concept. However, functional improvements are also necessary to make the restaurant viable, such as new flooring, bathroom sinks and fixtures, and beverage dispensing equipment. The Interior Build -Out grant is limited to permanent, indoor improvements, but ineligible improvements are noted to reveal the scope of the total investment, which is more than $130,000. The requested amount is 50 percent of the eligible improvements in the project budget. Staff recommends that the City Council adopt Resolution R-151-21 to approve the Business Assistance Program application with the requested waiver to exceed the maximum amount allowed under the Interior Build -Out Program. Moved by Lysakowski, seconded by Chester, to approve the Resolution R-151-21, A RESOLUTION APPROVING A BUSINESS ASSISTANCE PROGRAM GRANT FOR INTERIOR BUILD -OUT IMPROVEMENTS AT 1472 MARKET STREET. Upon roll call, the vote was: AYES: 6 - Lysakowski, Moylan, Oskerka, Zadrozny, Chester, Smith MAYS: 0 - None ABSENT: 2 - Brookman, Ebrahimi Motion declared carried. LEGAL & LICENSING- Alderman Chester, Acting Chair CONSIDER Community and Economic Development Manager Carlisle reviewed a memorandum AMENDING dated September 9, 2021. SECTION 4-4-8 OF CITY CODE The City categorizes liquor license applications based on multiple different scenarios: REGARDING a new license is sought at a property where one had not been previously granted, an NOTICE OF existing license is sought to transfer ownership, an existing licensee seeks to upgrade PENDING or change their existing classification, etc. Liquor license approval requires an ordinance of the City Council and approval of the Mayor, who is the liquor Page 10 of 11 09/20/21 LIQUOR LICENSE commissioner. To support public awareness and to provide clear opportunity for APPLICATION comment on an application, there is a public notice posting requirement. Ordinance M-13-21 Notices are printed by licensing staff and posted in a visible and conspicuous location — usually a window — at subject properties. The current rules establish a different notice period (14 days) for a change of ownership than for a new license or changed classification (28 days), which means the Council proceeding for a new business that is relying upon a liquor license cannot occur any sooner than 28 days after the posting. The posting is typically done only after a short period of intake review by staff to ensure completeness of an application, which combined with the Council's meeting calendar means often well over a month between when a potential licensee turns in their application until the approving ordinance is on an agenda. Furthermore, local ordinance approval is not the final step for applicants. They must then take the approving ordinance to the state Liquor Control Commission for application and processing. The state issues a license, which the City reviews before officially issuing the local license. As part of an economic development strategy for Des Plaines to stand out for its business friendliness, while balancing the need to keep neighbors and residents apprised of changes that may affect them and to invite their comment, staff recommends an across-the-board 14 -day notice. Fourteen days is likely sufficient to fulfill the noticing requirement intent while trimming business start-up time by at least two weeks and simplifying the language in the noticing portion of the liquor code. The City's General Counsel advises that public notice for liquor licenses is not a state requirement, and under the City's home rule authority, it may amend the notice period. Staff recommends the City Council approve Ordinance M-13-21, which amends the City Code to simplify and shorten the Notice of Pending Liquor License period to 14 days for all types of applications. Moved by Chester, seconded by Moylan, to Approve the Ordinance M-13-21, AN ORDINANCE AMENDING SECTION 4-4-8 OF THE DES PLAINES CITY CODE REGARDING NOTICE OF PENDING LIQUOR LICENSE APPLICATION. Upon voice vote, the vote was: AYES: 6 - Lysakowski, Moylan, Oskerka, Zadrozny, Chester, Smith NAYS: 0 - None ABSENT: 2 - Brookman, Ebrahimi Motion declared carried. Advanced to second reading by Chester, seconded by Lysakowski, to Adopt the Ordinance M-13-21, AN ORDINANCE AMENDING SECTION 4-4-8 OF THE DES PLAINES CITY CODE REGARDING NOTICE OF PENDING LIQUOR LICENSE APPLICATION. Upon roll call, the vote was: AYES: 6 - Lysakowski, Moylan, Oskerka, Zadrozny, Chester, Smith NAYS: 0 - None ABSENT: 2 - Brookman, Ebrahimi Motion declared carried. Page 11 of 11 09/20/21 ADJOURNMENT: Moved by Zadrozny, seconded by Chester to adjourn the meeting. The meeting adjourned at 7:31 p.m. Q)rl KA. Q(A:k - J sic . Mastalski — City Cler APPROVED BY ME THIS DAY OF &)eA , , 2021 �y Andrew Goczkowski, MAYOR