Council Minutes 04-04-22MINUTES 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, APRIL 4, 2022
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, April 4, 2022.
ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi. Absent: Brookman 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 Carlisle, Fire Chief
Anderson, Police Chief Anderson, and General Counsel Lenneman.
PRAYER AND The prayer and the Pledge of Allegiance to the Flag of the United States of America were
PLEDGE offered by City Clerk Mastalski.
PROCLAMATION City Clerk Mastalski read a proclamation by Mayor Goczkowski declaring April as Earth
Month.
Mayor Goczkowski presented the proclamation declaring April as Earth Month to the Donna
Adam, Founder of Clean Up/Give Back.
PUBLIC COMMENT Several residents expressed their concern and objection to a possible new development at the
current site of the Journal and Topics Building.
Resident Trish Conaghan mentioned an issue of non-residents parking in her neighborhood.
ALDERMAN Alderman Oskerka stated he will be having a ward meeting at Prairie Lakes on April 19, 2022
ANNOUNCEMENTS at 6:30 p.m.
Alderman Chester stated he has served on the O'Hare Noise Commission and the Fly Quiet
Committee for the last seven years. He mentioned the commission voted to limit flight traffic
on the diagonal runaway over the North/South communities for a third of the night flights as
opposed to fifty percent; it will go on to the full commission for vote and then the FAA.
Alderman Smith thanked the residents for coming out to speak regarding the possible new
development at the current site of the Journal and Topics Building; she stated it shows the true
meaning of community.
MAYORAL Mayor Goczkowski acknowledged the Assyrian New Year's Day which was most recently
ANNOUNCEMENTS celebrated on April 1, 2022.
On May 3, 2021, 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
Page 2 of 13 4/4/2022
the next special or City Council meeting. This extension of the Declaration includes the
Supplemental Order dated January 3, 2022.
Mayor Goczkowski presented an extension to the Declaration of Civil Emergency.
Moved by Oskerka, seconded by Lysakowski, to extend the May 3, 2021 Declaration of Civil
Emergency until the adjournment of the next regular, special, or emergency meeting of the
City Council including the Supplement Order dated January 3, 2022.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
MANAGER'S City Manager Bartholomew apologized for the City Council Meeting not being streamed live
REPORT due to the current process of the media control room being moved from the fourth floor to the
second floor. He stated the meeting will be available tomorrow on: channel 17, City's website,
and Facebook.
CITY ATTORNEY/ General Counsel Lenneman stated she is filling in for General Counsel Friedman who
GENERAL unfortunately tested positive for COVID. General Counsel Lenneman also mentioned the
COUNSEL REPORT invitations for the Elrod Friedman bi-annual seminar went out today to officials and staff; she
stated if anyone has any questions to reach out and she looks forward to seeing everyone there.
CONSENT AGENDA Moved by Chester, seconded by Zadrozny, to establish the Consent Agenda.
Upon voice vote, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
Moved by Zadrozny, seconded by Oskerka, to Approve the Consent Agenda.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
Minutes were approved; Ordinance M-11-22, M-12-22, M-13-22 were approved; Ordinance
Z-6-22, Z-7-22, M-9-22 were adopted; Resolutions R-67-22, R-68-22, R-69-22, R-70-22, R-
71-22, R-74-22 were adopted.
AMEND CITY Moved by Zadrozny, seconded by Oskerka to Approve First Reading of Ordinance M-11-22,
CODE/ CLASS N AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "N" LIQUOR
LIO LIC/ MW LICENSE. Motion declared carried as approved unanimously under Consent Agenda.
GAMING &
ENTERTAINMENT Advanced to Second Reading by Chester, seconded by Moylan, to Adopt the Ordinance M -
Consent Agenda 11-22, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "N"
LIQUOR LICENSE.
Ordinance Upon roll call, the vote was:
M-11-22
Page 3 of 13 4/4/2022
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
AMEND CITY Moved by Zadrozny, seconded by Oskerka to Approve First Reading of Ordinance M-12-22,
CODE/ CLASS N AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "N" LIQUOR
LIO LIC/ MW LICENSE. Motion declared carried as approved unanimously under Consent Agenda.
GAMING &
ENTERTAINMENT Advanced to Second Reading by Chester, seconded by Oskerka, to Adopt the Ordinance M -
Consent Agenda 12-22, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "N'
LIQUOR LICENSE.
Ordinance Upon roll call, the vote was:
M-12-21 AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
AMEND CITY Moved by Zadrozny, seconded by Oskerka to Approve First Reading of Ordinance M-13-21,
CODE/ CLASS N AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "N" LIQUOR
LIQ LIC/ MW LICENSE. Motion declared carried as approved unanimously under Consent Agenda.
GAMING &
ENTERTAINMENT Advanced to Second Reading by Chester, seconded by Zadrozny, to Adopt the Ordinance M -
Consent Agenda 13-22, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "N'
LIQUOR LICENSE.
Ordinance Upon roll call, the vote was:
M-13-21 AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
APPROVE AGRMT/ Moved by Zadrozny, seconded by Oskerka, to Approve Resolution R-67-22, A RESOLUTION
ASPHALT & APPROVING AN AGREEMENT WITH DENLER, INC. FOR ASPHALT CRACK
CONCRETE SEALING AND CONCRETE JOINT SEALING. Motion declared carried as approved
SEALING/ DENLER unanimously under Consent Agenda.
Consent Agenda
Resolution
R-67-22
APPROVE MSTR Moved by Zadrozny, seconded by Oskerka, to Approve Resolution R-68-22, A RESOLUTION
CNTRCT/ PROF APPROVING A MASTER CONTRACT WITH AYRES ASSOCIATES, INC FOR
ENGR SVCS/ AYRES PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved
ASSOC unanimously under Consent Agenda.
Consent Agenda
Resolution
R-68-22
AUTH MEMO OF Moved by Zadrozny, seconded by Oskerka, to Approve Resolution R-69-22, A
AGRMT/ CBA/ RESOLUTION AUTHORIZING A MEMORANDUM OF AGREEMENT TO THE
MECCA COLLECTIVE BARGAINING AGREEMENT WITH THE MUNICIPAL EMPLOYEES
Page 4 of 13 4/4/2022
Consent Agenda CITY COORDINATING ASSOCIATION OF DES PLAINES. Motion declared carried as
approved unanimously under Consent Agenda.
Resolution
R-69-22
RELEASE CERTAIN Moved by Zadrozny, seconded by Oskerka, to Approve Resolution R-70-22, A RESOLUTION
MINS/ CLOSED RELEASING CERTAIN MINUTES OF CERTAIN CLOSED MEETINGS OF THE CITY
SESSION/ CITY COUNCIL. Motion declared carried as approved unanimously under Consent Agenda.
COUNCIL
Consent Agenda
Resolution
R-70-22
APPROVE PURCII/ Moved by Zadrozny, seconded by Oskerka, to Approve Resolution R-71-22, A RESOLUTION
ACCESS MGMT PW APPROVING THE PURCHASE OF BEYONDTRUST CORPORATION PRIVILEGED
SAFE APP/ CDW-G ACCESS MANAGEMENT - PASSWORD SAFE APPLICATION FROM CDW-G. Motion
Consent Agenda declared carried as approved unanimously under Consent Agenda.
Resolution
R-71-22
APPROVE AMD TO Moved by Zadrozny, seconded by Oskerka, to Approve Resolution R-74-22, A RESOLUTION
APPX U PER POL/ APPROVING AN AMENDMENT TO APPENDIX U OF THE PERSONNEL POLICY
GEN WAGE INCR & REGARDING THE SALARY SCHEDULE, A GENERAL WAGE INCREASE FOR NON-
MERT INCR/ NON- REPRESENTED EMPLOYEES, AND THE EXPENDITURE OF FUNDS FOR MERIT
REP EMPLS INCREASES. Motion declared carried as approved unanimously under Consent Agenda.
Consent Agenda
Resolution
R-74-22
SECOND READING/ Moved by Zadrozny, seconded by Oskerka to Approve Ordinance Z-6-22, AN ORDINANCE
ORDINANCE AMENDING THE TEXT OF VARIOUS SECTIONS OF THE DES PLAINES ZONING
Z-6-22 ORDINANCE REGARDING ADULT DAY SERVICE AND CHILD CARE CENTERS.
Consent Agenda Motion declared carried as approved unanimously under Consent Agenda.
SECOND READING/ Moved by Zadrozny, seconded by Oskerka to Approve Ordinance Z-7-22, AN ORDINANCE
ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR AN ADULT DAY SERVICE
Z-7-22 CENTER USE AT 2514 BALLARD ROAD, DES PLAINES, ILLINOIS (CASE #22 -005 -
Consent Agenda TA -CU). Motion declared carried as approved unanimously under Consent Agenda.
SECOND READING/ Moved by Zadrozny, seconded by Oskerka to Approve Ordinance M-9-22, AN ORDINANCE
ORDINANCE AMENDING TITLE 4 OF THE DES PLAINES CITY CODE REGARDING DAYCARE
M-9-22 CENTERS AND BUSINESS REGISTRATIONS. Motion declared carried as approved
Consent Agenda unanimously under Consent Agenda.
APPROVE Moved by Zadrozny, seconded by Oskerka, to Approve the Minutes of the City Council
MINUTES meeting of March 21, 2022, as published. Motion declared carried as approved unanimously
Consent Agenda under Consent Agenda.
NEW BUSINESS
FINANCE & ADMINISTRATION — Alderman Zadrozny, Chair
Page 5 of 13 4/4/2022
WARRANT
Alderman Zadrozny presented the Warrant Register.
REGISTER
Resolution
Moved by Zadrozny, seconded by Chester, to Approve the Warrant Register of April 4, 2022
R-72-22
in the Amount of $3,015,092.23 and Approve Resolution R-72-22.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
COMMUNITY DEVELOPMENT- Alderman Chester, Chair
CONSIDER Director of Community and Economic Development Carlisle reviewed a memorandum dated
APPROVING A March 23, 2022.
CONDITIONAL USE
PERMIT FOR The petitioner, Clean Up — Give Back, with written consent of property owner City of Des
OFFICE USE Plaines, is requesting a conditional use to allow an office use in a C-1 Neighborhood Shopping
MAJOR District and a major variation to reduce the required number of off-street parking spaces from
VARIATION FOR nine to six at 600 E. Algonquin Road. The subject property is a corner lot in the C-1
OFF-STREET Neighborhood Shopping District directly northeast of the Algonquin Road and Wolf Road
PARKING AT 600 E intersection. An alley runs along its east (rear) property line. The property consists of one
ALGONQUIN RD parcel totaling 8,362 square feet (0.19 acres) and currently consists of a 2,419 -square -foot,
Ordinance one-story commercial building, paved parking area off the alley with six total parking spaces,
Z-8-22 and existing green space. The existing one-story commercial building is set back
approximately 30 feet off the west property line (front) along Wolf Road, 26 feet from the east
property line along the alley (rear), 5 feet off the north property line (interior side), and 29 feet
off the south property line (corner side) along Algonquin Road.
The petitioner is a small non-profit organization that intends to relocate its headquarters to the
subject property. They organize, coordinate, and facilitate cleanup projects throughout the
area. The proposal does not include any exterior changes to the building. They will remodel
and partition the interior to provide the following: (i) an office desk and workspace area; (ii) a
reception area; (iii) a volunteer and workshop area for programs; (iv) an area for cleanup kits
to be prepared; (v) space for donated items and occasional meetings; and (vi) a storage area
for supplies. The petitioner projects four employees and anticipates that over the course of an
entire day, no more than 25 to 30 individuals will visit the building, usually for a short period
to pick up supplies for a service project. The proposed hours of operation are 7 a.m. to 7 p.m.
Monday through Saturday and closed on Sundays. While the organization's board meetings
normally take place off-site, they would occasionally like to use one of the rooms in the
building for this purpose, although this would not be a day-to-day or regular function of the
headquarters.
An office use requires a conditional use permit in the C-1 district pursuant to Section 12-7-
3(K) of the Zoning Ordinance. The petitioner is also requesting a variation for off-street
parking. Pursuant to Section 12-9-6 of the Zoning Ordinance, one parking space is required
for every 250 square feet of gross floor area. Floor area, as defined in Section 12-13-3, includes
all space devoted to the proposed office use and any portion of the total proposed storage area
greater than 10 percent of the entire combined floor area of the building. The proposed office
space and portions of intended storage over 10 percent of the entire combined floor area
equates to a total of nine required parking spaces. However, there are only six parking spaces,
including two handicap accessible spaces. Section 12-9-2 provides that when a new use is
proposed, it should meet the minimum parking requirement for the new use. When the new
use cannot meet the minimum, as in this case, a variation is required.
CONSIDER A
CONDITIONAL USE
PERMIT FOR
FINAL PUD, FINAL
PLAT OF PUD,
FINAL PLAT OF
SUBDIVISION, AND
CERTAIN ZONING
EXCEPTIONS FOR
1050 EAST OAKTON
ST. 1000-1100
EXECUTIVE WAY,
AND 1555 TIMES DR
Ordinance
Z-9-22
CONSIDER
VACATING
PORTIONS OF
EXECUTIVE WAY
AND TIMES DR,
A/K/A COMMONS
DR FOR THE
HALSTON MARKET
DEVELOPMENT
PROPOSED AT 1050
E OAKTON ST, 1050
E OAKTON ST,
1000-1100
Page 6 of 13 4/4/2022
The PZB recommended (6-0) that the City Council approve both requests as presented without
any conditions.
Moved by Oskerka, seconded by Chester, to Approve First Reading of Ordinance Z-8-22, AN
ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR AN OFFICE USE
AND MAJOR VARIATION FOR OFF-STREET PARKING AT 600 E ALGONQUIN
ROAD, DES PLAINES, ILLINOIS (CASE #22 -008 -CU -V).
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
Advanced to Second Reading by Oskerka, seconded by Chester, to Adopt the Ordinance Z-8-
22, AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR AN OFFICE
USE AND MAJOR VARIATION FOR OFF-STREET PARKING AT 600 E ALGONQUIN
ROAD, DES PLAINES, ILLINOIS (CASE #22 -008 -CU -V).
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
Director of Community and Economic Development Carlisle reviewed a memorandum dated
March 24, 2022.
The petitioner is requesting a Conditional Use for a Final Plat of PUD under Section 12-3-5 of
the Zoning Ordinance, as well as a Final Plat of Subdivision under Section 13-2-8 of the
Subdivision Regulations. Under Chapter 13-4 of the Subdivision Regulations, the petitioner is
requesting approval of a Parkland Dedication Fee -in -Lieu amount, which includes credits for
two separate proposed private open space areas in the proposed development.
Additionally, the petitioner is requesting a Vacation of Public Streets (Plat of Vacation) under
Section 8-1-9 of the City Code and approval of a redevelopment agreement.
Final PUD
Overview
On October 4, 2021 via Ordinance Z-40-21, the City Council granted preliminary PUD
approval of petitioner M/I Homes' proposal for 125 townhouses, known collectively as
Halston Market. The approval was based on a proposed unit mix of seven two -bedrooms and
118 three -bedrooms, all of which would be horizontally connected to other units (i.e.
townhouse style) across 23 separate buildings. Each building would be three stories with each
unit having a ground -floor, two -car, rear -loaded garage that faces inward toward the
development, not toward public streets. Walkways would connect unit front doors to public
and private sidewalks. Units include balconies and small landscaped front yards. However, the
amount of private open space per unit is minimal, as the concept is built around shared open
space.
Conformance with Preliminary Plat
The petitioner's final proposal reflects the site design of the preliminary plans, including the
exception requests acknowledged in Ordinance Z-40-21, which granted preliminary approval.
Major elements such as the number of units, height and design buildings, locations of buildings
and structures, and number of parking spaces are unchanged. Ordinance Z-40-21 listed the
Page 7 of 13 4/4/2022
EXECUTIVE WAY, following PUD exceptions pursuant to Section 12-3-5 that would grant relief from the bulk
AND 1555 TIMES DR regulations of the R-3 district, as well as the fence regulations:
Ordinance
• Minimum lot area: Seventy-nine units are proposed with a lot area of 923 square feet,
M-14-22
and 46 units are proposed at 1,038 square feet. The proposed lot area for each unit
includes only the livable space inside the building and a small landscaped front yard.
CONSIDER
All other area in the development (e.g. open space, private drives, stormwater basin)
APPROVING A
is allocated not to dwelling units but instead to the development overall. The minimum
REDEVELOPMENT
lot area per dwelling unit pursuant to Section 12-7-2.J is 2,800 square feet.
AGREEMENT
• Maximum fence height: Pursuant to Section 12-8-2.A., the maximum height of a
(HALSTON
residential fence is 6 feet. As labeled on the Final PUD Plat, the petitioner proposes
MARKET
segments of 8 feet where 6 feet is the maximum, namely at the north lot line. The
DEVELOPMENT-
change from six to eight feet was suggested first by the PZB and subsequently required
1050 E OAKTON ST,
by the City Council. An eight -foot fence is allowable along the eastern border to screen
1000-1100
the residential use (the townhouses) from the back of the Oak Leaf Commons shopping
EXECUTIVE WAY,
center.
AND 1555 TIMES
Building Design and Elevations
Resolution
The Building Design Review requirement under Section 12-3-11 would apply. The petitioner's
R-73-22
final submittal is unchanged from the preliminary approval. They are proposing that for the
elevations that face public streets, the primary material is face brick on all three stories with
projections of complementary vinyl. Elevations that would not face public streets contain face
brick only on the ground floor, and where garage doors are shown, the brick is interrupted.
Landscaping, Screening, and Lighting
The petitioner submitted a Final Landscape Plan that appears to conform with the requirements
of Chapter 12-10 of the Zoning Ordinance. For example, building foundation landscaping is
installed at the bases of the buildings, shade trees are interspersed throughout common areas
and open space, and at lot lines where required — particularly at the north lot line where the
development abuts a single-family neighborhood. The petitioner has also submitted a
photometric plan that shows how light will be contained within the borders of the development.
Streets and Access
The petitioner proposes that most of the north -south portion of Executive Way — where it
connects to Oakton and borders the post office — would remain a public street. However, at a
point just south of the existing curve, the petitioner would construct a new east -west private
drive, labeled as Bogart Street, and demolish the existing east -west segment of Executive Way.
This requires a vacation of approximately 29,000 square feet. Similarly, a portion of Times
Drive (approximately 10,600 square feet) would also be vacated and become a private drive,
retaining the name Times Drive; however, the southernmost 185 linear feet of Times, which
provides access to businesses on the east side of the street, would remain public. This final
submittal includes a fire truck turning radius diagram to ensure access to the various buildings
and units.
The Illinois Department of Transportation (IDOT) has jurisdiction over the Oakton Street
right-of-way. Given existing signalized intersections at Lee Street and Webster Lane (1,600
feet apart), an additional signalized intersection in front of the development will not be
warranted. Consequently, without a traffic signal in front of the development, pedestrian
activity will be confined to the sidewalk on the north side of Oakton before reaching a marked
crossing, approximately 700-800 feet in each direction (three -to -five-minute walk for an able-
bodied person). However, the development includes a pedestrian opening to accommodate
walking to shopping at the east lot line, near the detention pond.
Construction Schedule and Phasing Plan
The petitioner has submitted a construction (land development) schedule as required by
Section 12-3-5.H. of the Zoning Ordinance, as well as a Phasing Plan. These are incorporated
Page 8 of 13 4/4/2022
as exhibits to the approving ordinance for the final PUD and subdivision. In summary, the
petitioner intends to separate construction into two phases: Phase I and Phase R. The Phase I
area is illustrated as the southern half of the development, nearer to Oakton Street, where 10
buildings (56 units) are planned. However, as part of Phase I, the petitioner would complete
mass earthwork for the entire site — both the illustrated Phase I and II areas — including digging
the detention basin and implementing the grading components of the stormwater drainage plan.
The Phase II area is illustrated to cover the northern 13 buildings, or 69 units. The Phasing
Plan illustrates the timing of various improvements, such as the installation of underground
utilities (e.g water mains and storm sewers), as well as the construction or
construction/reconstruction of private drives and public streets. Phase I has a projected end
date of October 2022, with Phase II in October 2023. However, the petitioner notes: "Building
starts will commence subject to sales absorption and seasonal construction limitations." Per
the Zoning Ordinance, the petitioner has an 18 -month period of flexibility on the dates in the
construction schedule before the City Council may re-evaluate the final PUD approval.
Final Plat of Subdivision
The PZB approved and the City Council reinforced approval of a Tentative Plat of Subdivision
in 2021 to resubdivide the subject property from the existing eight lots to 131: 125 for each
individual townhouse units plus six lots for land under common/homeowners' association
ownership. The area of each townhouse lot will vary from 923 square feet (interior units) to
1,038 square feet (end units), necessitating a PUD exception for minimum lot area (2,800
square feet in the R-3 district).
The Final Plat aligns with the Tentative Plat to show the following existing easements and
building lines: (i) a 13 -foot Public Utility Easement and 20 -foot building line on both sides of
Executive Way throughout the development; (ii) a 13 -foot Public Utility Easement and 20 -foot
building line on both sides of Times Drive throughout the development; (iii) a 20 -foot building
line along Oakton Street on the south side of the lot; (iv) a ten -foot electric and telephone
easement and 24 -foot ingress, egress, and driveway easement behind the commercial
development on the south side of the lot; (v) a 23 -foot public utility easement along the existing
drive aisle east of the proposed detention area; (vi) a 15 -foot public utility easement along the
east property line of the development; and (vii) a five-foot public utility easement located along
the north property line of the development. The Final Plat grants public utility easements to
each of the six lots of record that would function as common elements for the development
(e.g. private drive and alley areas and open spaces), as well as a stormwater detention area
easement to Lot 503, which is the detention basin. Finally, the Plat labels the portions of current
Executive Way and Times Drive that are proposed to be vacated, upon which portions the
development layout relies.
Public Improvements and Final Engineering
Under Section 13-3-1 of the Subdivision Regulations, the petitioner is required to improve
adjacent rights-of-way. The City will require Executive Way, on the western boundary of the
development and next to the Post Office, to be reconstructed to standards established in the
Regulations. The City will also require Times Drive to be reconstructed to the same standards,
and the petitioner will be bound to certain construction/reconstruction of adjacent underground
infrastructure such as water mains and sewers.
The petitioner has provided the City Engineer with an estimated cost of public improvements,
and the City Engineer has concurred. This estimate serves as the basis for a performance
security in the form of a letter of credit, with the City named as the beneficiary, that amounts
to 125 percent of the total estimated cost. In addition, a 10 percent maintenance warranty is to
be held for 18 months upon completion of the work to secure safe and satisfactory operation
of the improvements. The Public Works and Engineering Department has expressed approval
for the petitioner's submittal and the estimated cost of improvements. Final construction design
approval of external agencies such as IDOT and the Metropolitan Water Reclamation District
Page 9 of 13 4/4/2022
of Greater Chicago (MWRD) will be necessary in the building permitting and construction
phase.
Private Open Space and Recreation; Parkland Dedication Fee -in -Lieu
The petitioner is proposing two private open space areas to serve residents. First, they propose
an approximately 14,000 -square -foot central plaza area, just south of Building 22. A steel
shelter gazebo with seating is intended to serve as the focal point for the plaza. Also proposed
is an approximately 10,000 -square -foot north -south -oriented green space with a mix of trees
and grassy space between Buildings 8 and 9 (west) and Buildings 4 and 5 (east). In general,
the project is envisioned to have passive open space instead of actively programmed recreation
such as playgrounds, ball fields and courts, or fitness equipment.
For residential developments at the proposed scale, Chapter 13-4 of the Subdivision
Regulations requires parkland dedication to a public agency (i.e. park district) and/or fee -in -
lieu. The rationale is the development adds residents and therefore increases demand for public
parks. The proposed project does not contain a land dedication for a public park, which instead
amounts to fee -in -lieu obligation. Per the calculation prescribed by Section 13-4-4, there are
296 projected residents, which leads to a parkland obligation of 1.63 acres, equivalent to a fee -
in -lieu of $325,804.60. However, Section 13-4-2.A allows for on-site private open space to
reduce the fee -in -lieu, in the form of credits, at the decision of the City Council if the proposed
open space is determined to meet the expectations of that Section. The petitioner is requesting
two credits: one for the central plaza area, amounting to $63,989.90, and another for the north -
south green space, which credit amounts to $46,193.76. Section 13-4-2 invites a
recommendation regarding the requests from the public body to receive the fee -in -lieu or
dedication, which in this case is the Des Plaines Park District. A memo from the executive
director supports granting both of the requested credits, reducing the fee -in -lieu amount to
$215,620.95. This amount is subject to the Council's final approval and is written into the
ordinance approving the Final Plat of Subdivision (Z-9-22) and the resolution approving the
redevelopment agreement (R-73-22).
Vacation of Public Streets (Plat of Vacation), Private Streets
The petitioner will seek vacations of public streets. Based on an appraisal report from JMS
Appraisal Group, the value of the total vacation area is $32,000. The southernmost
approximately 185 linear feet of Times Drive is not proposed to be vacated. Nonetheless, this
segment of street will be reconstructed, and the redevelopment agreement will require the
future homeowners' association to be responsible for yearly maintenance activities such as
snow removal and leaf collection.
The City maintains an Address Assignment Policy, to which new proposed private drives must
conform, per 13-2-5 of the Subdivision Regulations. The petitioner proposes within the
development 11 private drive names to which addresses would be assigned. The most current
list, which is not reflected in the current submittal is Bogart Street, Blaine Street, Cooper Street,
Denny Way, Dock Street, Wren Road, Girard Avenue, Phinney Lane, Renton Avenue, Slade
Way, and Tolt Avenue. Staff has reviewed the proposed names against a master existing street
name list and does not have concerns about redundancy or confusion.
Although the project does not yet have a street numbering designation, at the time of official
address assignment (during construction, pre -occupancy) unit address numbers will be given
in accordance with the Des Plaines city grid number system. For reference, the Oakton-Lee
intersection is 1200 East and 1600 South. Per the addressing policy, each unit will have its
own address number. Finally, the Address Assignment policy requires compliance with the
2015 International Fire Code and International Residential Code, which dictate minimum
sizes, location, and legibility of address numbers.
Page 10 of 13 4/4/2022
The PZB voted 6-0 to recommend to the City Council approval with conditions for a
Conditional Use for a Final Plat of PUD and Final Plat of Subdivision. If the City Council
chooses to recommend approval/approval with modifications, the PZB and staff recommend
approval be subject to the following (conditions are included in approving Ordinance Z-9-22):
1. Within 30 days after the adoption of this Ordinance, the Petitioner must execute a
redevelopment agreement between the Petitioner and the City, in substantially the
form approved by the City Council pursuant to Resolution R-73-22. The development,
use, operation, and maintenance of the Subjection Property shall at all times comply
with all terms, conditions, restrictions, and provisions of the Redevelopment
Agreement.
2. Petitioner will reconstruct the City -owned portions of Executive Way and Times Drive
north of Oakton Street in accordance with and pursuant to the Final Plat of Planned
Unit Development and the Redevelopment Agreement.
3. All governing documents, including the Homeowners' Association Declaration and
Bylaws for the Proposed Development, covenants, conditions, and restrictions, or
operating reciprocal easement agreements, must be submitted to and approved by the
City's General Counsel prior to the recording of the Final Plat of Subdivision.
4. The Petitioner must provide to the City the performance security pursuant to and in
accordance with the Redevelopment Agreement.
5. The final construction drawings may need to be amended to comply with the
requirements of approval from external agencies or to address life safety/structural
review comments during the building permit process.
Resident Trish Conaghan asked for clarification on if there will be sufficient parking for the
proposed Metra station.
Mayor Goczkowski confirmed sufficient parking will be included in possible future plans for
a Metra station on Oakton Street.
A representative from M/I Homes spoke on behalf of the development.
Mayor Goczkowski asked the representative for clarification of their vision for the outdoor
space.
Alderman Zadrozny asked for clarification from the City Manager regarding the fee -in -lieu
amount and timeline.
Alderman Oskerka asked the representative if the fence along the property line will be part of
Phase 1 or Phase 2.
Resident William Spyrison asked for clarification regarding the retention basin.
Moved by Lysakowski, seconded by Oskerka, to Approve First Reading of Ordinance Z-9-22,
AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR FINAL PLANNED
UNIT DEVELOPMENT, FINAL PLAT OF PLANNED UNIT DEVELOPMENT, FINAL
PLAT OF SUBDIVISION, AND CERTAIN ZONING EXCEPTIONS FOR 1050 EAST
OAKTON STREET, 1000-1100 EXECUTIVE WAY, AND 1555 TIMES DRIVE (CASE
#22-002-FPUD-FPLAT-VAC).
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
Page 11 of 13 4/4/2022
Advanced to Second Reading by Moylan, seconded by Lysakowski, to Adopt the Ordinance
Z-9-22, AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR FINAL
PLANNED UNIT DEVELOPMENT, FINAL PLAT OF PLANNED UNIT
DEVELOPMENT, FINAL PLAT OF SUBDIVISION, AND CERTAIN ZONING
EXCEPTIONS FOR 1050 EAST OAKTON STREET, 1000-1100 EXECUTIVE WAY, AND
1555 TIMES DRIVE (CASE #22-002-FPUD-FPLAT-VAC).
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
MAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
Moved by Chester, seconded by Zadrozny, to Approve First Reading of Ordinance M-14-22,
AN ORDINANCE VACATING PORTIONS OF EXECUTIVE WAY AND TIMES DRIVE,
A/K/A COMMONS DRIVE FOR THE HALSTON MARKET DEVELOPMENT
PROPOSED AT 1050 E OAKTON STREET, 1050 EAST OAKTON STREET, 1000-1100
EXECUTIVE WAY, AND 1555 TIMES DRIVE.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
Advanced to Second Reading by Chester, seconded by Oskerka, to Adopt the Ordinance
M-14-22, AN ORDINANCE VACATING PORTIONS OF EXECUTIVE WAY AND TIMES
DRIVE, A/K/A COMMONS DRIVE FOR THE HALSTON MARKET DEVELOPMENT
PROPOSED AT 1050 E OAKTON STREET, 1050 EAST OAKTON STREET,
1000-1100 EXECUTIVE WAY, AND 1555 TIMES DRIVE.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
Moved by Chester, seconded by Moylan, to Approve the Resolution R-73-22, A
RESOLUTION APPROVING A REDEVELOPMENT AGREEMENT (HALSTON
MARKET DEVELOPMENT - 1050 EAST OAKTON STREET, 1000-1100 EXECUTIVE
WAY, AND 1555 TIMES DRIVE).
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
PUBLIC WORKS - Alderman Moylan, Chair
CONSIDER Director of Public Works and Engineering Oakley reviewed a memorandum dated
AMENDING March 24, 2022.
PROVISIONS OF
CHAPTER 2 OF The current City Code 5-2-3, only allows refuse service for multi -family dwellings of four (4)
TITLE 5 OF THE units or less. The new text for this section will allow for properties greater than four (4) units
Page 12 of 13 4/4/2022
DES PLAINES CITY to be part of the Franchise Agreement. The change to section 5-2-7 clarifies the language for
CODE REGARDING the City's contractor to bill each customer on quarterly basis. Consistent with the above,
WASTE section 5-2-12 only allows recycling service for multi -family dwellings of four (4) units or
COLLECTION less. The new text for this section will allow for properties greater than four (4) units to be part
Ordinance of the Franchise Agreement.
M-15-22
Staff recommends approval of Ordinance M-15-22.
Moved by Moylan, seconded by Lysakowski, to Approve First Reading of Ordinance M-15-
22, AN ORDINANCE AMENDING PROVISIONS OF CHAPTER 2 OF TITLE 5 OF THE
DES PLAINES CITY CODE REGARDING WASTE COLLECTION.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
CONSIDER Director of Public Works and Engineering Oakley reviewed a memorandum dated
AMENDING March 25, 2022.
SECTION 8-1-11 OF
THE CITY CODE At the March 21, 2022 City Council meeting, the City Council requested further amendment
REGARDING THE to Section 8-1-11 of the City Code regarding the removal of snow and ice from adjacent public
REMOVAL OF rights of way in commercial areas.
SNOW AND ICE
FROM PUBLIC The current City Code 8-1-11, allows the City to charge the owner, lessee, tenant or occupant
RIGHTS OF WAY an amount sufficient to defray the entire cost of any work performed to remove snow/ice from
Ordinance public rights of way in commercial areas, plus a twenty five percent (25%) administrative fee.
M-10-22
The amended ordinance clarifies that the accumulation of snow over 2" in depth will be as
determined by the National Weather Service at O'Hare International Airport. In addition, a
minimum mobilization fee of $250 is added if the City or its contractor performs the snow/ice
removal. Finally, the penalty section has been revised to reflect fixed fine amounts of $250 for
the first offense, $500 for the second offense, and $750 for the third offense.
Staff recommends approval of Ordinance M-10-22, amending Section 8-1-11 of the City Code
regarding the removal of snow and ice from adjacent public rights of way in commercial areas.
Resident William Spyrison asked if this fee is for residential properties.
Mayor Goczkowski clarified the fee is for commercial properties not in compliance of City
Code.
Alderman Smith asked who will be monitoring the enforcement.
Moved by Moylan, seconded by Oskerka, to Approve First Reading of Ordinance M-10-22,
AN ORDINANCE AMENDING SECTION 8-1-11 OF THE CITY OF DES PLAINES CITY
CODE REGARDING THE REMOVAL OF SNOW AND ICE FROM PUBLIC RIGHTS OF
WAY.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Chester, Smith, Ebrahimi
NAYS: 0 - None
ABSENT: 1 - Brookman
Motion declared carried.
Page 13 of 13
4/4/2022
OTHER MAYOR/ Mayor Goczkowski recommended residents who are interested in how the City makes
ALDERMAN decisions to go to the City's website and look at the Strategic Plan.
COMMENTS FOR
THE GOOD OF THE
ORDER
ADJOURNMENT Moved by Chester, seconded by Oskerka, to adjourn the meeting. The meeting adjourned at
8:35 p.m.
(:: �:), M 0 � -A - ")
Jes ca M. Mast lski —' y Clerk
APPROVED BY ME THIS 18th
AAril 22
Andrew Goczkowski, MAYOR