Loading...
Council Minutes 01-03-23MINUTES 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, TUESDAY, JANUARY 3, 2023 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 Tuesday, January 3, 2023. ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, 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, 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 Alderman Oskerka. PUBLIC COMMENT Resident Jim Hansen stated the intention of public comment is to allow the residents to ask questions, and he that he feels recently residents have been discouraged from asking questions. He stated even though answers to the questions do not have to be given, residents should feel comfortable putting their question on the record. Resident Earl Wilson stated it is his opinion the municipal boards and commissions should have term limits. ALDERMAN Alderman Moylan mentioned he hoped everyone had a nice holiday season and a Happy New ANNOUNCEMENTS Year. Alderman Oskerka stated he will be hosting a ward meeting for the 31 ward at City Hall on January 121 at 6:00 p.m. — the topic of conversation will be the open-air greenspace on the Graceland/Webford project. Alderman Zadrozny wished everyone a Happy New Year. Alderman Brookman wished everyone a Happy and Healthy New Year. Alderman Chester wished everyone a Happy New Year. Alderman Smith wished everyone a Happy New Year. Alderman Ebrahimi wished everyone a Happy New Year. CONSENT AGENDA Resident Tom Lovestrand requested Item #12 & Item #13 be removed from the Consent Agenda. He asked for the Items to be voted on after the 31 Ward meeting since the topic will be addressed in an open forum at that time. Alderman Brookman requested Item #9 to be removed from the Consent Agenda. Resident Deb Lester requested Item #11 to be removed from the Consent Agenda. Moved by Brookman, seconded by Oskerka, to Establish the Consent Agenda without Item #9, Item # 11, Item # 12, and Item # 13. Page 2 of 12 1/3/2023 Upon voice vote, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Brookman, seconded by Chester, to Approve the Consent Agenda without Item #9, Item # 11, Item #12, and Item #13. Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Minutes were approved; Resolutions R-1-23, R-2-23, R-6-23, R-8-23, R-9-23, R-10-23, R-11-23, R-12-23, R-14-23 were adopted. City Clerk Mastalski read the Items removed from the Consent Agenda APPROVE TSK ORD Moved by Brookman, seconded by Chester, to Approve Resolution R-1-23, A RESOLUTION 2/ PUB SAFE EOUIp/ APPROVING TASK ORDER NO.2 WITH HAVEY COMMUNICATIONS, INC. FOR THE HAVEY COMM PURCHASE AND INSTALLATION OF PUBLIC SAFETY EQUIPMENT. Motion declared Consent Agenda carried as approved unanimously under Consent Agenda. Resolution R-1-23 AUTH EXPEND OF Moved by Brookman, seconded by Chester, to Approve Resolution R-2-23, A RESOLUTION FUNDS/ LEASE/ AUTHORIZING THE EXPENDITURE OF FUNDS UNDER A LEASE WITH KONICA KONICA MINOLTA PREMIER FINANCE AND A SERVICES AGREEMENT WITH KONICA Consent Agenda MINOLTA BUSINESS SOLUTIONS USA, INC. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-2-23 APPROVE & AUTH/ Moved by Brookman, seconded by Chester, to Approve Resolution R-6-23, A RESOLUTION IGA/ MUTUAL AID APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR BOX ALARM SYS PARTICIPATION IN THE MUTUAL AID BOX ALARM SYSTEM (MABAS MASTER Consent Agenda AGREEMENT 2022). Motion declared carried as approved unanimously under Consent Agenda. Resolution R-6-23 APPROVE CONTR/ Moved by Brookman, seconded by Chester, to Approve Resolution R-8-23, A RESOLUTION ROOF REHAB/ RJN APPROVING A CONTRACT WITH L. MARSHALL, INC. FOR ROOF MAPLE ST PUMP REHABILITATION WORK AT THE MAPLE STREET PUMPING STATION AT 2555 STN MAPLE STREET. Motion declared carried as approved unanimously under Consent Agenda. Consent Agenda Resolution R-8-23 Page 3 of 12 1/3/2023 APPROVE AGRMT/ Moved by Brookman, seconded by Chester, to Approve Resolution R-9-23, A RESOLUTION SENSUS WTR APPROVING AN AGREEMENT WITH CORE & MAIN, LP FOR THE PURCHASE AND MTRS/ CORE & INSTALLATION OF SENSUS WATER METERS. Motion declared carried as approved MAIN unanimously under Consent Agenda. Consent Agenda Resolution R-9-23 APPROVE PURCH/ Moved by Brookman, seconded by Chester, to Approve Resolution R-10-23, A VFDS/ REVERE RESOLUTION APPROVING A PURCHASE FROM REVERE ELECTRIC SUPPLY ELEC SPLY CO COMPANY FOR THE PURCHASE OF VFDs FOR THE MAPLE STREET PUMPING Consent Agenda STATION. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-10-23 APPROVE PURCH/ Moved by Brookman, seconded by Chester, to Approve Resolution R-11-23, A VALVES/ CORE & RESOLUTION APPROVING A PURCHASE VALVES FOR THE MAPLE STREET MAIN PUMPING STATION FROM CORE & MAIN, LP. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. Resolution R-11-23 APPROVE AGRMT/ Moved by Brookman, seconded by Chester, to Approve Resolution R-12-23, A SEWER LINING/ RESOLUTION APPROVING AN AGREEMENT WITH HOERR CONSTRUCTION, INC. HOERR CONST FOR SEWER LINING AS PART OF THE 2023 CAPITAL IMPROVEMENT PROJECT. Consent Agenda Motion declared carried as approved unanimously under Consent Agenda. Resolution R-12-23 APPROVE EXEC/ Resolution R-13-23, A RESOLUTION APPROVING THE EXECUTION OF A LOCAL LAA & ESA/ IDOT & AGENCY AGREEMENT WITH IDOT AND AN ENGINEERING SERVICES CHRISTOPHER B. AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. IN BURKE ENG CONNECTION WITH THE CONSTRUCTION OF THE OAKTON STREET SIDEPATH Consent Agenda PROJECT, was removed from the Consent Agenda. Resolution Alderman Brookman stated she requested the Item to be removed from the Consent Agenda in R-13-23 order to discuss the significant cost increase to the City and the potential loss of state grant funds if the City does not move forward with the project. Alderman Brookman asked Director of PW&E Oakley to give his option on if the City should move forward with the project even with the cost increase to the City. Director of PW&E Oakley stated he still recommends with proceeding with the bidding for the project, and to make a determination once the City receives the low bid. He stated the City is also looking into other funding sources as Cook County Investment Cook, DCO from the state, CMAC, and STP. Moved by Brookman, seconded by Chester, to Approve the Resolution R-13-23, A RESOLUTION APPROVING THE EXECUTION OF A LOCAL AGENCY AGREEMENT WITH IDOT AND AN ENGINEERING SERVICES AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. IN CONNECTION WITH THE CONSTRUCTION OF THE OAKTON STREET SIDEPATH PROJECT. Page 4 of 12 1/3/2023 Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. APPROVE AGRMT/ Moved by Brookman, seconded by Chester, to Approve Resolution R-14-23, A TEMP STAFF SVCS/ RESOLUTION APPROVING AN AGREEMENT WITH GOVTEMPSUSA, LLC FOR GOVTEMPSUSA TEMPORARY STAFFING SERVICES. Motion declared carried as approved unanimously Consent Agenda under Consent Agenda. Resolution R-14-23 AMD SEC 7-3-2 & Ordinance M-1-23, AN ORDINANCE AMENDING SECTIONS 7-3-2 AND 7-10-6 OF THE 7-10-6/ CITY CODE/ DES PLAINES CITY CODE REGARDING COMMERCIAL TRUCK PARKING WITHIN COMM TRK PARK THE CITY, was removed from the Consent Agenda. Consent Agenda Resident Deb Lester stated she requested the Item to be removed from the Consent Agenda in Ordinance order to address the amount of in initial fine in Section 7-3-2. She stated she is concerned with M-1-23 the amount being too de minimis, and the fine should be more substantial. Mayor Goczkowski stated it might be worth looking at the Northwest Municipal Conference to see the whole scale of other communities. Alderman Moylan stated the amount has been increased, the level of enforcement has been stepped up by the Police Department, and the second fine is significantly higher. Police Chief Anderson stated the philosophy for the first fine was as a warning since some people may not know the parking regulations, and the City has seen positive results from stepped up enforcement. Moved by Brookman, seconded by Chester, to Defer and send back to staff to review the fee schedules neighboring municipalities, the Ordinance M-1-23, AN ORDINANCE AMENDING SECTIONS 7-3-2 AND 7-10-6 OF THE DES PLAINES CITY CODE REGARDING COMMERCIAL TRUCK PARKING WITHIN THE CITY. Upon voice vote, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. SECOND READING/ Ordinance Z-40-22, AN ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ORDINANCE ZONING ORDINANCE REGARDING THE DEFINITION OF "PARK", was removed from Z-40-22 the Consent Agenda. Consent Agenda Resident Tom Lovestrand stated in light of upcoming the 31 Ward meeting on January 12, 2023, that it would be beneficial to wait until the next City Council meeting to incorporate any input Alderman Oskerka receives from the residents regarding the definition of "park". Moved by Oskerka, seconded by Zadrozny, to Defer the Ordinance Z-40-22 until the City Council meeting on January 17, 2023, AN ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE REGARDING THE DEFINITION OF "PARK'. Page 5 of 12 1/3/2023 Upon voice vote, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. SECOND READING/ Ordinance Z41-22, AN ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ORDINANCE ZONING ORDINANCE REGARDING THE OFF-STREET PARKING REQUIREMENTS Z41-22 FOR PARKS, was removed from the Consent Agenda. Consent Agenda Moved by Oskerka, seconded by Zadrozny, to Defer the Ordinance Z-41-22 until the City Council meeting on January 17, 2023, AN ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE REGARDING THE OFF-STREET PARKING REQUIREMENTS FOR PARKS. Upon voice vote, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. APPROVE Moved by Brookman, seconded by Chester, to Approve the Minutes of the City Council MINUTES meeting of December 19, 2022, as published. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. APPROVE Moved by Brookman, seconded by Chester, to Approve the Closed Session Minutes of the MINUTES City Council meeting of December 19, 2022, as published. Motion declared carried as Consent Agenda approved unanimously under Consent Agenda. UNFINISHED BUSINESS CONSIDER APPROVING A SECOND MAJOR AMEND TO EXISTING PUD, FINAL PLAT OF SUBDTV, AND MAJOR VAR. AND REPEAL PRIOR APPROVALS FOR 1700 W. HIGGINS RD Ordinance Z-39-22 Director of Community & Economic Development Carlisle reviewed a memorandum dated December 22, 2022. On December 19, 2022, the City Council deferred a vote on the first reading of approving Ordinance Z-39-22. Staff has researched the off-street parking requirements of other communities in the O'Hare area for office and hotel uses, as well as the findings from the most recent Institute for Transportation Engineers (ITE) Parking Generation Manual. In summary, Des Plaines' current requirements are in line with the comparison group, although Arlington Heights (office) and Schiller Park (hotel) require less. However, it appears all communities in the study group require more parking for both uses than the averages concluded by ITE. If Des Plaines used the requirement that matched the ITE averages, variation would be required for this proposal, but the amount of relief necessary would be less. Under ITE averages, the development would require 417 spaces: 83 for the hotel and 334 for the office. The petitioner is proposing 308 spaces: 247 for the office, and 61 for the hotel. The petitioner's materials argue the following: (i) The office and proposed hotel would have offset periods of peak demand — hotels are highest late night, overnight, and early morning, while offices are highest midday on weekdays — leading to a combined peak of 273 spaces at 10 a.m. on weekdays; and (ii) the reported current use of parking is a maximum of 160 of the 392 available spaces in a 72 percent occupied office building — in a 100 percent occupied building, based on the same proportions, the maximum would be 222. Page 6 of 12 1/3/2023 The petitioner is requesting the following: (i) a Major Change to a Conditional Use for a Final PUD under Section 12-3-5 of the Zoning Ordinance to allow for a hotel to the east of the existing office building but without the parking garage that was approved in 2021; bulk exceptions include building height for the hotel, parking lot curb distance from lot lines in the proposed hotel parking area, and width of the parking lot perimeter landscape area; (ii) a Final Plat of Subdivision under Section 13-2-8 of the Subdivision Regulations to subdivide the site into four lots of record and grant subdivision variations for lot depth and frontage for the billboard lots; and (iii) Major Variations to reduce the required parking for the existing office building and proposed hotel. All of the requests are intended to work in concert to achieve the following: • Obtain major variation relief for the number of required off-street parking spaces for both the existing office building and the proposed hotel. • Resubdivide the existing lots to provide individual lots for the existing office building, each of the two existing billboards, and the proposed hotel, with subdivision variations for the billboard lots. • Modify the existing parking lot area in the southeast comer of the subject property to make room for a new hotel building and its parking area. The petitioner, Mariner Higgins Centre, LLC, is requesting a Major Change to the PUD to allow for the construction of a 107 -room, five -story (approximately 59 -foot -tall) Home2 Suites by Hilton hotel. The hotel specializes in extended stay. The proposed plans eliminate a 207 - space parking garage that was a part of the Final PUD approved September 20, 2021. The brand, hotel concept, building height, and number of rooms are unchanged from the approval in 2021. The Final PUD plan has been revised to show the proposed hotel positioned in the southeast comer of the property substantially in the same location as in the 2021 approval. However, the existing surface parking area on the northwest portion of the property, where the parking garage had been proposed, is now retained (the garage was going to be built over a portion of this area). The property owner now proposes: • Construction of an approximately 64,760 -square -foot hotel on the southeast comer of the lot; • Separate parking area and access for the new hotel; and • Stormwater detention facilities for the hotel parcel (Lot 2) to accommodate run-off. The subject property is currently accessed by one, signalized entrance off Higgins Road and single drive aisle to the building, surface/covered parking areas, and billboard signs. The proposed lot configuration will reallocate the parking area east of the drive aisle for the new hotel and hotel surface parking area but will not alter the existing drive aisle. The new hotel parcel (Lot 2) will be accessible via a single entranceway, which is aligned with the existing entranceway to the front of the office building. The service drive for the hotel parcel does not provide access to all sides of the proposed hotel building and does not meet width standards for fire truck access due to space constraints. However, the proposal does include a fire hydrant located on the east side of the building, which has been approved by the Fire Prevention Bureau. The off-street parking requirements of the Zoning Ordinance are based on the types of uses proposed. The existing office building is one use, and the proposed hotel is a separate use. Each use has a specific requirement for off-street parking: • Office use requires one off-street parking space for every 250 square feet of gross floor area, as defined in Section 12-13-3 and excluding floor area devoted primarily to storage areas (up to 10% of the total combined floor area), food preparation areas, bathrooms, mechanical rooms, hallways, stairwells, and elevators. Page 7 of 12 1/3/2023 • Hotel use requires one off-street parking space for every guest room plus one space for every 200 square feet of area devoted to offices. The proposed hotel building (Lot 2) consists of 107 rooms and approximately 587 square feet of office space area, requiring a total of 110 spaces. The proposal for the hotel parcel includes 63 spaces, or potentially 61-62 after designation of any loading spaces, which means the minimum requirement is not met and requires variation. Similarly, for the existing office building (Lot 1), after subtracting the excluded floor areas, the requirement is 541 spaces. The subject property was built under different parking regulations and contains 392 spaces, which does not conform with the current parking requirements. The new proposal— with the hotel and no parking garage— reduces the total parking count to 310 spaces for the entire site, or 308-309 after loading designation. With 61-63 spaces allocated for the hotel on Lot 2, the office building on Lot 1 will have a balance of 247-249 parking spaces, as compared with 338 in the concept with the parking garage. The proposal seeks to add landscaping throughout the new proposed Lot 2 designated for the new hotel including foundation and parking lot landscaping areas. A PUD exception to waive the required five -foot -wide perimeter parking lot landscape area behind the south and east parking space rows is requested. The existing property consists of two parcels totaling 5.74 acres, containing a six -story office building with 139,000 square feet of leasable office space and a 392 parking lot, including 358 surface spaces, 28 indoor spaces, and six handicap accessible parking spaces. The petitioner proposes to resubdivide the existing parcels into four lots— without the addition of a vacation - of -right-of-way area as approved in 2021.The site description of Final Plat of Subdivision: • Parcel l includes the existing office building and existing surface parking areas, except for the parking area portion located east of the entrance drive from Higgins Road; • Parcel 2 includes the proposed hotel and separate new surface parking area located east of the entrance drive off Higgins Road; • Parcel 3 includes the existing northeastern billboard sign; and • Parcel 4 includes the existing northwestern billboard sign. The Final Plat shows the following existing easements: (i) a 34 -foot -by -92.29- foot stormwater detention area; (ii) a 51 -foot -by -76.9 -foot stormwater detention area; (iii) a 10 -foot storm sewer easement at the southwestern portion of the property; (iv) a 14 -foot public utility easement throughout the south portion of the property; and (v) a 10 -foot public utilities easement throughout the north portion of the property. The proposed Lots 3 and 4, which will contain the billboard signs, are new lots and are subject to the Subdivision Regulations. Pursuant to Section 13-2-5.R, all new lots must be a minimum of 125 feet in depth. Since the proposed Lots 3 and 4 are only 10 feet deep, they do not meet the minimum depth requirements resulting in a need for subdivision variation for each as part of this request. Further, the proposed lots border a private parking area, but not a public street, thus each requiring a subdivision variation. The PZB voted 6-0 to approve the Tentative Plat and voted 6-0 for each of other motions, to recommend approval of the major variations, Final PUD, and Final Plat of Subdivision (with Subdivision Variations). Should the City Council vote to approve the requests, staff and the PZB recommend the following conditions: 1. Off-street loading in a location and quantity required by Section 12-9-9 of the Zoning Ordinance and in the size specified by the PZB will be provided. NEW BUSINESS Page 8 of 12 1/3/2023 2. All governing documents for the proposed development including covenants, conditions, and restrictions, or any 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 PUD or Final Plat of Subdivision. Mark Rogers, attorney for the petitioner, spoke on their behalf. Moved by Chester, seconded by Oskerka, to Approve the Ordinance Z-39-22, AN ORDINANCE APPROVING A SECOND MAJOR AMENDMENT TO AN EXISTING PLANNED UNIT DEVELOPMENT, FINAL PLAT OF SUBDIVISION, AND MAJOR VARIATIONS AND REPEALING PRIOR APPROVALS FOR 1700 W. HIGGINS ROAD, DES PLAINES, ILLINOIS (CASE #22-049-FPLAT-V-PUD-A). Upon roll call, the vote was: AYES: 7 - Lysakowski, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 1 - Moylan ABSENT: 0 - None Motion declared carried. 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-16-23 January 3, 2023 in the Amount of $4,044,237.16 and Approve Resolution R-16-23. Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Chester, Chair CONSIDER Director of Community & Economic Development Carlisle reviewed a memorandum dated APPROVING A December 21, 2022. CONDITIONAL USE PERMIT FOR A The petitioner is requesting a Conditional Use for a LASR under Sections 12-3-4 and 12-11-8 LOCALIZED of the Zoning Ordinance to allow for new and updated directional and parking lot signage ALTERNATIVE throughout the property located at 1600 E. Golf Road. SIGN REGULATION FOR 1600 E. GOLF Mike Brodnan and Matt Pyter of Olympik Signs on behalf of petitioner, Oakton College, have RD requested a Conditional Use for a LASR to allow for increased and updated signage on the Ordinance property located at 1600 E. Golf Road. The existing property contains a multi -building college Z-1-23 campus with multiple surface parking areas, multiple pedestrian walkways, and separate drive aisles for different areas of the campus, which connect to Golf Road and Central Road. With all lots combined, the property encompasses 167.2 acres in land area. The existing building and site as a whole currently contain a variety of different static, non - illuminated freestanding signs including parking entrance identity, building entrance identity, vehicle directional, and pedestrian directional signs. However, the petitioner is requesting to add six new vehicle directional signs, replace nine existing vehicle directional signs, and add seven new pedestrian directionalibuilding identification signs, totaling 13 new signs altogether: Page 9 of 12 1/3/2023 • Vehicle Directional Signs: The new vehicle directional sign locations are concentrated along the main access drives near parking lot entrances and main campus entrances to direct traffic to parking areas and various portions of the campus. The existing vehicle directional signs to be replaced are directional signs to assist motorists and pedestrians in navigating the property. • Pedestrian Directional/Building Identification Signs: The new pedestrian directional/building identification sign locations are in high visible areas to identify various buildings and services throughout the campus for pedestrians. These signs are interspersed throughout the subject property along paved walkways and at main building entrances to further direct pedestrians and motorists to their desired destinations. The PZB voted 5-0 to recommend approval of the LASR request. Staff and the PZB recommend the following conditions: 1. A three-foot landscape bed in all directions be provided at the base of all freestanding signs, per the standards set forth in Section 12-11-4.G. This landscaping shall be comprised of low-lying evergreen shrubs, perennials, and annuals. 2. That structural design plans shall be provided for all signage at time of permit. 3. The applicant shall provide sight line analysis for vehicle -to -vehicle sightlines and vehicle-to-pedestrian/bicycle sightlines showing that the sign position does not intrude upon the American Association of State Highway Transportation Officials (AASHTO) Green Book sight triangles for the freestanding signs proposed along the roadway driveways and site access drives. The location of the freestanding signs may have to be slightly adjusted at the time of building permit review to comply with AASHTO site triangle clearance. Moved by Lysakowski, seconded by Smith, to Approve the Ordinance Z-1-23, AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR A LOCALIZED ALTERNATIVE SIGN REGULATION FOR 1600 E. GOLF ROAD, DES PLAINES, ILLINOIS (CASE #22 -053 -CU LASR). Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Advanced to second reading by Lysakowski, seconded by Chester, to Adopt the Ordinance Z-1-23, AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR A LOCALIZED ALTERNATIVE SIGN REGULATION FOR 1600 E. GOLF ROAD, DES PLAINES, ILLINOIS (CASE #22 -053 -CU LASR). Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. PUBLIC SAFETY — Alderman Oskerka, Chair CONSIDER Fire Chief Anderson reviewed a memorandum dated December 14, 2022. APPROVING AMENDMENTS TO The City Council, at its November 15, 2021 meeting, adopted Ordinance M-14-21 which made THE RULES AND amendments to Chapter 6 of Title 2 ("Code") concerning the Board of Fire and Police REGULATIONS OF Commissioners ("Board"). The amendments included but were not limited to the City Council Page 10 of 12 1/3/2023 THE BOARD OF having authority to approve the adoption of rules and regulations of the Board. Due to a recent FIRE AND POLICE side letter agreement with the Firefighters Union, the Board collaborated with Staff to identify COMMISSIONERS a rule modification related to the Fire Department Lieutenant Promotional testing process. Resolution R-17-23 The City Council, at its August 15, 2022 meeting, approved a Side Letter Agreement ("Agreement") with the Des Plaines Professional Firefighters Union — Local 4211 ("Union") regarding the promotional process for the rank of Lieutenant. The current version of the Board's Rules & Regulations ("Rules") contains provisions for conducting promotional processes for Lieutenant. CONSIDER APPROVING A CONTRIBUTION TO THE DES PLAINES AMERICAN LEGION POST 36 FOR COSTS RELATED TO HOSTING THE TRAVELING KOREAN WAR MEMORIAL Resolution R-7-23 Staff identified the need to amend the Rules to address a conflict between the Rules and the new Agreement, even though the Agreement supersedes the Rules. The only substantive change is to Chapter VII, Section 1 — General — Fire Department and is as follows: Promotions to the rank of Lieutenant shall be in accordance with the provisions of this Article, unless an alternative process has been agreed to by the City and the bargaining unit. In case of a conflict between this Article and any agreement between the City and the bargaining unit, the agreement with the bargaining unit shall control. The examination process for promotion to the rank of Lieutenant shall be competitive among employees in the rank of Firefighter who meet the eligibility requirements set forth in Section 2 below and desire to submit themselves to such process. The other changes are to the cover page indicating the dates of approval, etc., and to the table of contents to reflect new page numbers as a result of adding language to the document. The Board voted 3-0 to approve the amended Rules and forward the changes to the City Council for approval. The Board and Staff recommend approval of the Rules as amended. Moved by Oskerka, seconded by Lysakowski, to Approve the Resolution R-17-23, A RESOLUTION APPROVING AMENDMENTS TO THE RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. COMMUNITY SERVICES — Alderman Ebrahimi, Chair City Council considered authorizing a $15,000 donation to the American Legion Post 36 for the purpose of expenses related to hosting the Traveling Korean War Memorial to Lake Park on June 23-25, 2023. Moved by Ebrahimi, seconded by Chester, to Approve the Resolution R-7-23, A RESOLUTION APPROVING A CONTRIBUTION THE DES PLAINES AMERICAN LEGION POST 36 FOR COSTS RELATED TO HOSTING THE TRAVELING KOREAN WAR MEMORIAL IN THE CITY. Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Page 11 of 12 1/3/2023 LEGAL & LICENSING — Alderman Brookman, Chair CONSIDER City Council considered the potential referendum question for the April 4, 2023 ballot INITIATING THE regarding the elimination and prohibition of more than two term limits for City of Des Plaines SUBMISSION OF A elected officials, whether consecutive or not. PUBLIC QUESTION TO PROHIBIT Alderman Brookman stated the resolution needs to be rewritten to make the intent clear. She ELECTED also asked who gave direction to draft this question and its language; stating public meeting OFFICIALS FROM should have been held for input. Alderman Brookman stated the current language is vague and SERVING MORE ambiguous; stating it can be interpreted in multiple ways. She mentioned that the interpretation THAN TWO TERMS during this discussion is not what matters, and the only thing that matters is the written word. Resolution R-21-23 Alderman Chester stated there needs to be clarification on what the possible future term limits are for residents who have in the past or who are currently serving as elected officials. He stated the voters need clarification of what the implications will be regarding the referendum question. Mayor Goczkowski stated General Counsel Lenneman has answers to most of the questions being asked this evening. Alderman Brookman stated if there are aldermen who do not understand the question, how can the City Council in good faith put this referendum question out to the residents. General Counsel Lenneman gave explanation to the wording of the referendum question and the resolution, and how the wording came to be. Alderman Moylan stated to him the referendum question is pretty clear, but now would be a good time to discuss it. Mayor Goczkowski stated the referendum question was added to the agenda at his request. Alderman Brookman asked why the City Council would want to limit opportunity to serve in an elected office, and why would they want to deny the public's right to choose their representatives at the polling place. She stated she believes this proposal is bad policy and is not in the best interest of the City. Mayor Goczkowski stated the whole reason behind this is based on the results of the last referendum question. Alderman Chester stated he is against anything that would restrict residents' the right to vote or make choices. He stated if the City Council is worried about reform, then they should find ways to encourage more people to vote. Alderman Oskerka stated this question is different and an extension of the last referendum question; that the confusing part is the definition of term limits, and this question helps define term limits. Alderman Ebrahimi stated that the City Council has to leave it up to the voters to decide the definition of term limits through the referendum question. Alderman Zadrozny stated the term limits as they are now discourages people from running. Alderman Lysakowski asked if the surrounding municipalities have term limits. Alderman Brookman stated only 6 of the 180 surrounding municipalities have term limits. Page 12 of 12 1/3/2023 Resident Deb Lester stated historically significantly less residents vote in the even ward elections than other elections, leaving an important referendum question to a small fraction of the residents. She also had a different interpretation of whether the current aldermen can run again and the future timeframe in which they can serve; leaving the possibility of future election litigation. Resident Jim Brookman stated the problem is this is making a false assumption and a false conclusion. He stated it should not be assumed that since the residents voted for term limits, that meant they want a lifetime ban. He stated that he has not seen the desire from the residents for a lifetime ban in all the years he has followed politics in the City. Resident Jim Hansen stated since there has been this much discourse regarding what this means, there needs to be more clarity. He stated it is his opinion term limits are an archaic idea, and it is a bigger problem if there are not any candidates to run. He does not believe term limits are a problem in which time needs to be spent addressing. Resident John Maag stated the City cannot get people to run or vote, so there should not be an issue with individuals running again. He also asked why the wording of this referendum question was not added to the last referendum question. Moved by Brookman, seconded by Smith, to Defer the Resolution R-21-23 until the language can be redrafted and clarified to a date indefinitely, A RESOLUTION INITIATING THE SUBMISSION OF A PUBLIC QUESTION TO PROHIBIT ELECTED OFFICIALS FROM SERVING MORE THAN TWO TERMS. Upon roll call, the vote was: AYES: 4 - Lysakowski, Brookman, Chester, Smith NAYS: 5 - Moylan, Oskerka, Zadrozny, Ebrahimi; Mayor Goczkowski ABSENT: 0 - None Motion failed. Moved by Moylan, seconded by Zadrozny, to Approve the Resolution R-21-23, A RESOLUTION INITIATING THE SUBMISSION OF A PUBLIC QUESTION TO PROHIBIT ELECTED OFFICIALS FROM SERVING MORE THAN TWO TERMS. Upon roll call, the vote was: AYES: 5 - Moylan, Oskerka, Zadrozny, Ebrahimi; Mayor Goczkowski NAYS: 4 - Lysakowski, Brookman, Chester, Smith ABSENT: 0 - None Motion declared carried. ADJOURNMENT Moved by Brookman, seconded by Chester to adjourn the meeting. The meeting adjourned at 8:27 p.m. M M L? essic M. Mastalski — CITY ERK APPROVED BY ME THIS 17th DAY OF J 3 Andrew Goczkowski, MAYOR