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Council Minutes 09-19-22MINUTES 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, SEPTEMBER 19, 2022 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 6:09 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, September 19, 2022. ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Brookman, Chester, Smith, Ebrahimi. Absent: Zadrozny. A quorum was present. CLOSED SESSION Moved by Brookman, seconded by Oskerka to enter into Closed Session under the following sections of the Open Meetings Act — Personnel, Probable or Imminent Litigation, Purchase or Lease of Property, Sale of Property, and Litigation. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Brookman, Chester, Smith, Ebrahimi MAYS: 0 - None ABSENT: 1 - Zadrozny Motion declared unanimously carried. The City Council recessed at 6:09 p.m. The City Council reconvened at 7:09 p.m. Roll call indicated the following Alderman present: Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Smith, Ebrahimi. Absent: Chester. 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 Friedman. PRAYER AND The prayer and the Pledge of Allegiance to the Flag of the United States of America PLEDGE were offered by Alderman Moylan. PROCLAMATION Deputy City Clerk Fast read a proclamation by Mayor Goczkowski recognizing September 17-23, 2022 as Constitution Week. PUBLIC Mr. and Mrs. Donatiello, 1517 Pennsylvania, requested assistance with the excessive COMMENT number of vehicles parked in the location of Pennsylvania and Lancaster. It is very difficult for residents to get out of their driveways. Ilinca Wallace of the Cook County North, Action and Family Council is seeking input for the Early Childhood Funding Commission. The Commission was established in 2019 to study and make recommendations on funding goals and funding mechanisms that provide equitable access to high-quality early childhood education and care services. The results are reported to the governor and recommendations are made to ensure all families have the services needed to prepare their children for school. Resident of 901 S Golf Cul de Sac Street, requested assistance with obtaining authorization to build a detached garage. Page 2 of 10 9/19/2022 Resident of 901 S Golf Cul de Sac Street, requested assistance with obtaining authorization to build a detached garage. Phil Rominski thanked the First Responders and City Officials for their contribution to Patriots Day and Fall Fest. Rhys Read, 175 Lancaster Lane, will be appearing in The Tempest by Shakespeare at the Green Man Theatre and asked the City Council to support their local theater. ALDERMAN Alderman Zadrozy and Alderman Brookman enjoyed Fall Fest thanked those who ANNOUNCEMENTS contributed to the success of the event. Alderman Brookman asked Police Chief Anderson to explain the Safe -T Act scheduled to go into effect January 1, 2023. MAYORAL On May 3, 2021, a Declaration of Civil Emergency for the City of Des Plaines related ANNOUNCEMENTS 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 January 3, 2022. Mayor Goczkowski presented an extension to the Declaration of Civil Emergency. Moved by Brookman, seconded by Oskerka, 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, Brookman, Smith, Ebrahimi NAYS: 0 - None ABSENT: 1 - Chester Motion declared carried. CONSENT Moved by Zadrozny, seconded by Brookman, to Establish the Consent Agenda. AGENDA Upon voice vote, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Smith, Ebrahimi NAYS: 0 - None ABSENT: 1 - Chester Motion declared carried. Moved by Brookman, seconded by Lysakowski, to Approve the Consent Agenda. Upon roll call, the vote was: Page 3 of 10 9/19/2022 AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Smith, Ebrahimi NAYS: 0 - None ABSENT: 1 - Chester Motion declared carried. Minutes were approved; Ordinances M-26-22, M-27-22 were approved; Ordinances M-24-22, M-25-22, Z-25-22, Z-27-22; Resolutions R-153-22, R-154-22 were adopted. FIRST READING/ Moved by Brookman, seconded by Lysakowski, to Approve Ordinance M-25-22, AN ORD M-25-22/ ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "M" NEW CLASS M LIQUOR LICENSE. Motion declared carried as approved unanimously under LIQUO Consent Agenda. LICENSE/ GOLF MART/ Moved by Zadrozny, seconded by Brookman to Advance to Second Reading and 10 W GOLF RD Adopt Ordinance M-25-22. Consent Agenda Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Smith, Ebrahimi NAYS: 0 - None ABSENT: 1 - Chester Motion declared carried. FIRST READING/ Moved by Brookman, seconded by Lysakowski, to Approve Ordinance M-26-22, AN ORD M-26-22/ ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "A" LIQUOR CHANGE 7 BAR & LICENSE AND REMOVE ONE CLASS "AB -1" LIQUOR LICENSE. Motion GRILL/ declared carried as approved unanimously under Consent Agenda. 1472 MARKET ST LIQUOR LICENSE CLASS AB -1 TO CLASS A Consent Agenda FIRST READING/ Moved by Brookman, seconded by Lysakowski, to Approve Ordinance M-27-22, AN ORD M-27-22/ ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "A" LIQUOR CHANGE LICENSE AND REMOVE ONE CLASS "H1" LIQUOR LICENSE. Motion declared BOSTON FISH carried as approved unanimously under Consent Agenda. MARKET PIER 4/ 1225 E FOREST AVE LIQUOR LICENSE/ CLASS H1 TO CLASS A Consent Agenda Moved by Brookman, seconded by Lysakowski, to Approve Resolution R-154-22, A APPROVE FUNDS/ RESOLUTION APPROVING AN EXPENDITURE OF FUNDS TO RUSH TRUCK RUSH TRUCK CENTERS/ DUMP TRUCK REPAIR Consent Agenda Resolution R-154-22 SECOND READING/ ORDINANCE M-24-22 Consent Agenda Page 4 of 10 9/19/2022 CENTERS OF ILLINOIS FOR THE REPAIR OF A DUMP TRUCK. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Lysakowski, to Approve Ordinance M-24-22, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "H-1" LIQUOR LICENSE. Motion declared carried as approved unanimously under Consent Agenda. SECOND Moved by Brookman, seconded by Lysakowski, to Approve Ordinance Z-25-22, AN READING/ ORDINANCE AMENDING SECTION 12-7-3 OF THE DES PLAINES ZONING ORDINANCE ORDINANCE REGARDING THE OUTDOOR DISPLAY AND STORAGE OF Z-25-22 PRODUCTS IN THE C-3 GENERAL COMMERCIAL DISTRICT. Motion declared Consent Agenda carried as approved unanimously under Consent Agenda. SECOND Moved by Brookman, seconded by Lysakowski, to Approve Ordinance Z-27-22, AN READING/ ORDINANCE APPROVING MAJOR VARIATION S FROM SECTION 12-11-6.13 ORDINANCE OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW THE Z-27-22 INSTALLATION OF WALL SIGNS AND AN ELECTRONIC MESSAGE BOARD CONSENT POLE SIGN AT 1628 RAND ROAD, DES PLAINES, ILLINOIS (CASE #22 -024 - AGENDA TA -CU -V). Motion declared carried as approved unanimously under Consent Agenda. APPROVE Moved by Brookman, seconded by Lysakowski, to Approve the Minutes of the City MINUTES Council meeting of September 6, 2022, as published. Motion declared carried as Consent Agenda approved unanimously under Consent Agenda. RESCIND RESOLUTION R-5&22/ AUTHORIZE PURCHASE/ POLICE SUVS/ SUTTON FORD Consent Agenda Resolution R-153-22 APPROVE MINUTES Consent Agenda NEW BUSINESS Moved by Brookman, seconded by Lysakowski, to Approve Resolution R-153-22, A RESOLUTION RESCINDING RESOLUTION R-58-22 AND AUTHORIZING THE PURCHASE OF THREE FORD POLICE INTERCEPTOR SUVS FROM SUTTON FORD OF MATTESON, IL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Lysakowski, to Approve the Closed Session Minutes of the City Council meeting of September 6, 2022, as published. Motion declared carried as approved unanimously under Consent Agenda. FINANCE & ADMINISTRATION — Alderman Zadrozny, Chair Page 5 of 10 9/19/2022 WARRANT Alderman Zadrozny presented the Warrant Register. REGISTER Resolution Moved by Zadrozny, seconded by Smith, to Approve the Warrant Register of R-139-22 September 19, 2022 in the Amount of $3,132,069.11 and Approve Resolution R-155- 22. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Smith, Ebrahimi NAYS: 0 - None ABSENT: 1 - Chester Motion declared carried. COMMUNITY DEVELOPMENT - Alderman Chester, Chair CONSIDER Vice -Chair Brookman presented Ordinance Z-28-22, An Ordinance Approving Major MAJOR Variations to Allow an Extension of an Existing Commercial Mobile Radio Service VARIATION TO Facility at 2064-2074 Mannheim Road, Des Plaines, Illinois (Case #22-026-V). ALLOW A 30 - FOOT The petitioner is requesting a Major Variation from Section 12-8-5.B.1 to allow a EXTENSION TO commercial mobile radio service facility to be located in a required rear yard in the CELL TOWER/ M-2 General Manufacturing district and set back less than 50 feet away from a property 2064-2074 line; and Major Variation from Section 12-8-5.13.2 to allow a commercial mobile radio MANNHEIM RD. service facility height to be greater than its set back distance from a residential district. Ordinance Z-28-22 The existing 60 -foot -tall commercial mobile radio service facility was approved through a building permit in 1998 to be installed on the subject property 42 feet from the west property line. Later in 1998, Ordinance Z-8-98 was approved, which repealed existing regulations and enacted new land use and zoning regulations city-wide. The new 1998 Zoning Ordinance added the definition, allowance, and bulk regulations for commercial mobile service facilities including height, setback, and location restrictions based on the zoning district. Specifically, the regulations restricting commercial mobile service facilities from being located in any required yard and requiring them to be a minimum of 50 feet away from all property lines made the existing commercial mobile service facility non -conforming. Since its construction, the commercial mobile service facility equipment was upgraded in 2011 and antennas were added in 2014. This was permitted under the nonconforming structures rules because the height and location of the facility did not change. However, the desired scope of work at this time requires variation. The petitioner wishes to modify the existing commercial mobile radio service facility by adding a 30 -foot -tall tower extension with twelve new antennae and related equipment to address coverage and equipment requirements without the addition of a new monopole. The proposed extension would result in a monopole height of 90 feet with an overall equipment height of 93.5 feet as noted in the attached Architectural Plans and Project Narrative. All regulations in Section 12-8-5 apply for commercial mobile radio service facilities. However, the two regulations in conflict with the petitioner's proposal are noted below pursuant to Section 12-8-5.B: Page 6 of 10 9/19/2022 No commercial mobile radio service facility shall be located in any required yard, nor shall a freestanding commercial mobile radio service facility be located within fifty feet (50) of any property boundary line. A freestanding commercial mobile radio service facility shall be set back from any residential zoning district a distance equivalent to its height; provided however, that in no case shall a freestanding commercial mobile radio service facility be located closer than one hundred feet (100) from any residential district. Since the proposal does not align with the aforementioned regulations, major variation requests are required. The Planning and Zoning Board (PZB) held a public hearing on August 23, 2022. The Board made findings of fact, the rationale statements for which are captured in the excerpt to the draft minutes of the August 23, 2022 meeting. The PZB recommended (7-0) that the City Council approve the Major Variation requests without any conditions. Alderman Zadrozny moved, seconded by Lysakowski to approve ordinance Z-28-22, AN ORDINANCE APPROVING MAJOR VARIATIONS TO ALLOW AN EXTENSION OF AN EXISTING COMMERCIAL MOBILE RADIO SERVICE FACILITY AT 2064-2074 MANNHEIM ROAD, DES PLAINES, ILLINOIS (CASE #22-026-V). Upon roll call, the vote was: AYES: 2 - Lysakowski, Zadrozny NAYS: 5 - Moylan, Oskerka, Brookman, Smith, Ebrahimi ABSENT: 1 - Chester Motion Failed. CONSIDER Vice -Chair Brookman presented Ordinance Z-29-22, An Ordinance Amending the ZONING TEXT Text of the Zoning Ordinance of the City of Des Plaines Regarding Convenience Mart AMENDMENTTO Fueling Station and Motor Vehicle Sales Uses (Case #22 -030 -TA). RECLASSIFY CONDITIONAL The City Council through the City Manager assigned staff to identify and propose USES IN C-3 amendments for various uses that currently require a conditional use permit but could DISTRICT/ be entitled "by right," or as a permitted use instead. As part of an ongoing goal to CONVENIENCE increase business friendliness, the Council realizes that when a conditional use is MART FUELING required, it adds a minimum 90 days to the start-up process of any use. Some STATION AND businesses that currently require a conditional use are those that may activate vacant MOTOR VEHICLE properties, generate tax revenue, or otherwise benefit the City, and the conditional use SALES process can discourage them from locating or investing here. Ordinance Z-29-22 Nonetheless, conditional uses do serve a purpose, as stated in Section 12-3-4.A of the Zoning Ordinance: "...uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use of the particular location." For this reason, it is unlikely — and not suggested — that all conditional uses be removed. But the assignment of the Council and Manager begs two key questions in determining where there is opportunity to convert conditional uses to permitted: Page 7 of 10 9/19/2022 Which types of conditional uses are routinely approved with similar conditions across various sites? Which types of conditional uses are associated with the type of business and investment the City is especially looking to attract? The C-3 General Commercial District is the most common business district in Des Plaines and is the source of most conditional uses. To begin the process of amending the Ordinance, staff has looked first at C-3 and identified two uses for which to consider amendments: convenience mart fueling station and motor vehicle sales. Staff respects the historical purpose of the Ordinance to place an added level of scrutiny on certain uses, but there is an alternative approach: Instead of requiring a conditional use, establish across-the-board, reasonable regulations that are enforceable on permitted uses and designed to mitigate neighbor impact. The Zoning Ordinance already contains notes that follow the use matrices as well as Specific Use Regulations in Chapter 8, which currently cover antennae, radio towers, cell/mobile towers, bed - and -breakfast establishments, childcare and adult daycare centers, home occupations, residential care homes, consumer lenders, and cannabis business establishments. Using a combination of the notes at the bottom of use matrices and Chapter 8, it is possible to establish regulations that address the use sensitivity and potential neighbor impact without requiring the conditional use process. If the amendments are approved and a future business applicant encounters a hardship or unique circumstance with the newly proposed standards, they could seek a variation. However, major variations are akin to conditional uses in start -to -finish time (average 90 days), so staffs intent at this time is to create across-the-board rules that would hopefully not steer a use into a needed variation and instead promote compliance. When building permits are required for either motor vehicle sales or convenience mart fueling, the building permit will require a zoning approval based on the Site Plan Review factors of Section 12-3-2. These factors cover a range of issues and allow staff to require changes and when, for example, the use on the specific property creates an unsafe or illogical circulation pattern. Proposed Amendments: Convenience Mart Fueling The following is a summary of the amendments related to convenience mart fueling: • In the Commercial Districts Use Matrix (Section 12-7-3, Table 3), convenience mart fueling becomes a permitted use in C-3 on sites 15,000 square feet or more. The minimum lot area is reduced from the previous 20,000 square feet because staff is aware of vacant, nonconforming gas station properties, and obtaining a new user and investment will be easier if the threshold is lowered. Under these amendments, a convenience mart fueling station would nonetheless be required to provide the minimum parking and employ a reasonable circulation pattern, but it eliminates the automatic disqualification for sites smaller than 20,000 square feet. • A new Section 12-8-14 is created, titled "Convenience Mart Fueling Stations." • Parking and Loading: Except for spaces adjacent to fuel pumps, requires appropriate identification and marking of the various types of required spaces (e.g., through signs or striping). Page 8 of 10 9/19/2022 Requires that spaces serving the retail portion be located close to the retail entrance. • Landscaping: Must submit and implement a landscape plan when required by the landscape chapter of the Ordinance. • Environmental Performance Standards Reinforces the requirement of the use to comply with the strictest of local, county, state, or federal requirements regarding noise, smell, toxic materials, and all other common safety or operational issues. • Sets the expectation for lighting plans and details that must be approved, with some latitude given to the Zoning Administrator regarding examination of existing lighting or installation of new lighting (e.g., requirement for a photometric plan). • Signs: Reinforces the requirement to follow the sign chapter (Chapter 12-11) and requires that signs be designed to minimize effects on adjacent property. Prohibits installation on fences, light poles, etc. Proposed Amendments: Motor Vehicle Sales The following is a summary of the proposed amendments related to motor vehicle sales: • In the Commercial Districts Use Matrix motor vehicle sales would become a permitted use in C-3 on sites of 22,000 square feet or more, which is roughly .5 acres. The minimum lot area is an existing requirement that staff proposes simplifying. • A new Section 12-8-15 is created, titled "Motor Vehicle Sales Establishments." • Parking and Loading: Requires clear identification and marking of the various types of parking spaces (sales/display area, employee parking, customer parking) with signs or striping. Vehicle display cannot block entrances, drive aisles, etc. Vehicles displayed for sale must be parked inside the property boundaries. Except for vehicles displayed for sale, must always have valid license plate and registration. • Landscaping: Must submit and implement a landscape plan when required by the landscape chapter of the Ordinance. Must install landscape buffer, which is usually a combination of plantings and a fence, when required by the landscape chapter. • Environmental Performance Standards Reinforces the requirement of the use to comply with the strictest of local, county, state, or federal requirements regarding noise, smell, toxic materials, and all other common safety or operational issues. • Sets the expectation for lighting plans and details that must be approved, with some latitude given to the Zoning Administrator regarding examination of Page 9 of 10 9/19/2022 existing lighting or installation of new lighting (e.g., requirement for a photometric plan). • Signs: Reinforces the requirement to follow the sign chapter (Chapter 12-11) and requires that signs be designed to minimize effects on adjacent property. Prohibits installation on fences, light poles, etc. • Vehicle Parts and Fully Assembly (added by Planning and Zoning Board): These regulations require all service and repair activities to occur indoors, require vehicles displayed for sale to be fully assembled, and prohibit the outdoor storage or display of any vehicle parts. The Planning and Zoning Board held a public hearing and heard the presentation of staff. The Board was receptive to the amendments regarding convenience mart fueling as drafted. However, the Board expressed a concern with the lack of mention of outdoor storage or display of vehicle parts, particularly where auto repair is accessory to a principal motor vehicle sales use. They suggested adding a provision to the newly proposed specific use regulations that would cover this circumstance and, in general, require any vehicles displayed for sale to be fully assembled. This modification was incorporated into the motion, and the Board recommended (7-0) that the Council approve the amendments as modified, based on their consideration of the Standards for Amendments in Section 12-3-7.E. Moved by Alderman Brookman, seconded by Lysakowski to direct staff to separate Convenience Mart Fueling Station and Motor Vehicle Sales from one ordinance and to defer this item until a time determined by staff. Motion carried unanimously by voice vote. CONSIDER TEXT Vice -Chair Brookman presented Ordinance M-28-22, An Ordinance Amending Title AMENDMENTS 13 of the Des Plaines City Code Regarding Subdivision Procedures and Plats. The TO CHAPTER 2 proposed changes are designed to clarify and streamline both plat approval processes TITLE 13/ PLAT and the ongoing and periodic reductions of performance securities that secure public APPROVAL AND improvements. REDUCTIONS OF PERFORMANCE The Subdivision Regulations work hand in hand with the Zoning Ordinance (Title 12) SECURITY to regulate land use and development in the City. Subdivisions occur frequently in Ordinance development projects, not only to split land into smaller pieces but also to consolidate Z-29-22 it when the boundaries and ownership of properties – often contiguous – change through a redevelopment process. The Regulations set up a Tentative and Final Plat process. The Tentative Plat comes first and does not require as much detail as a Final Plat, which is ultimately the approval upon which a subdivider can use toward building permitting and construction. While some applicants take advantage of the two-step process, as the Tentative Plat is designed to give a signal that a project design is on the right track before an applicant invests in final engineering design, sometimes an applicant will choose to submit these concurrently. Historically, the City has allowed this, but the code is currently not clear on this process. The amendments are intended to add language to provide for applicants to utilize this option—provided their submittal complies with the Final Plat requirements. Page 10 of 10 9/19/2022 Additionally, the Subdivision Regulations are the mechanism by which the City can require applicants to pay for public improvements (generally infrastructure) that either run through a site or border it in adjacent rights-of-way. The Code gives the Department of Public Works and Engineering (PWE) the ability to determine which public improvements are necessary given the location and scope of a proposed subdivision project, as well as the current conditions of adjacent and connecting infrastructure (e.g., street width, sewer capacity, etc.) While the City and a developer/applicant always intend for public improvements to be constructed in full as designed and required, in rare circumstances a project may not be finished in the manner approved by the City Council. The Subdivision Regulations provide a mechanism to protect against this instance by requiring a subdivider to file a performance security — generally in the form of either a cash deposit or a letter of credit. These securities, in an amount approved by PWE and the Council, are designed to cover the full scope of required public improvement in the event that the City must pay to complete public improvements. However, recognizing that holding either liquid funds or credit in a large volume can be hampering to a subdivider/developer, the Code provides for periodic reductions in the performance security once certain benchmarks are completed in construction. These are approved by PWE after inspection. Current practice has these amendments approved only by Council resolution. These amendments allow for an administrative/City Manager approval of reductions, still based on inspection approval by PWE, up to 75 percent of the public improvement cost. The City Council would retain resolution authority on the final 25 percent of the amount, as well as the maintenance warranty, which is 10 percent of the full security amount and is held 18 months after the improvements are accepted by the Council. Moved by Alderman Brookman, seconded by Lysakowski to direct staff to separate the two issues from the ordinance and to defer this item until the next City Council meeting on October 3, 2022. Motion carried unanimously by voice vote. ADJOURNMENT Moved by Brookman, seconded by Oskerka to adjourn the meeting. The meeting adjourned at 8:09 p.m. Laura Fast — DEPUTY CITY CLERK APPROVED BY ME THI 3rd DAY OF October Andrew Goczkowski, MAYOR