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Council Minutes 08-05-24MINUTES 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, AUGUST 5, 2024 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 6:31 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 5, 2024. ROLL CALL Roll call indicated the following Aldermen present: Moylan, Oskerka, Sayad, Smith, Charewicz. Absent: Lysakowski, Brookman, Walsten. A quorum was present. *Alderman Brookman entered the meeting at 6:32 p.m. CLOSED SESSION Moved by Sayad, seconded by Oskerka, to convene into Closed Session under the following sections of the Open Meetings Act — Pending Litigation, Probable or Imminent Litigation, and Acquisition of Property. Upon roll call, the vote was: AYES: 6 - Moylan, Oskerka, Sayad, Brookman, Smith, Charewicz NAYS: 0 - None ABSENT: 2 - Lysakowski, Walsten Motion declared unanimously carried. The City Council recessed at 6:33 p.m. The City Council reconvened at 7:08 p.m. Roll call indicated the following Alderman present: Moylan, Oskerka, Sayad, Brookman, Smith, Charewicz. Absent: Lysakowski, Walsten. A quorum was present. Also present were: City Manager Wisniewski, Director of Finance Podbial, Director of Public Works and Engineering Oakley, Director of Community and Economic Development Rogers, Fire Chief Matzl, 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 were PLEDGE offered by Alderman Moylan. PROCLAMATION City Clerk Mastalski read a proclamation by Mayor Goczkowski declaring August 21, 2024 as National Senior Citizens Day. Mayor Goczkowski presented the proclamation to members of the Frisbie Senior Center. PUBLIC COMMENT Resident Craig Weiss stated he is content with the answers he received regarding the sterilization process at Vetter Labs. He also inquired regarding standards for lighting on the property. Director of CED Rogers stated the requirements are that light cannot exceed .1 foot candle at the common property line with residential, and stated there is a regulation that there can be no direct glare from a fixture on the line of sight to a residence. Resident Danny expressed a safety concern over the fading white stripes on the street in front of the fire station on Des Plaines River Road. Page 2 of 11 8/5/2024 ALDERMAN Alderman Smith mentioned a fundraising event for the Mount Prospect Park District ANNOUNCEMENTS Foundation; stating it will be a concert on August 181 at 4:30 p.m. at Friendship Park. Alderman Charewicz stated the next eighth ward meeting is August 6' at 7:00 p.m. at the Friendship Conservatory. He also stated the Izaak Walton is hosting a pig roast on August 11 th. Alderman Sayad mentioned tomorrow is National Night Out at Metropolitan Square from 5:00 p.m. to 8:00 p.m., and the Food Truck Round Up is August 201 at the Library Plaza. Alderman Brookman stated she encourages everyone to attend National Night Out. MAYORAL Mayor Goczkowski stated he wanted to speak briefly on the downtown economic ANNOUNCEMENTS development study. He stated that the City is in the process of contracting with economic development and planning consultants to assist the City in developing a downtown economic development strategic plan which will include demographic and market analysis data, a real estate inventory, and recommendations regarding future public investment. MANAGER'S City Manager Wisniewski stated the City will be implementing changes to the website REPORT address and email domains — the new web address and email domains will be desplainesil.gov with a redirect in place from the previous web address and email addresses. CONSENT AGENDA Moved by Brookman, seconded by Sayad, to Establish the Consent Agenda. Upon voice vote, the vote was: AYES: 6 - Moylan, Oskerka, Sayad, Brookman, Smith, Charewicz NAYS: 0 - None ABSENT: 2 - Lysakowski, Walsten Motion declared carried. Moved by Brookman, seconded by Smith, to Approve the Consent Agenda. Upon roll call, the vote was: AYES: 6 - Moylan, Oskerka, Sayad, Brookman, Smith, Charewicz NAYS: 0 - None ABSENT: 2 - Lysakowski, Walsten Motion declared carried. Minutes were approved; Ordinance M-12-24, M-13-24 were approved; Resolutions R-131-24, R-132-24, R-133-24, R-134-24, R-135-24 were adopted. AMEND CITY CODE/ Moved by Brookman, seconded by Smith, to Approve First Reading of Ordinance M-12-24, ADD CL "A" LIO LIC AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "A" LIQUOR Consent Agenda LICENSE. Motion declared carried as approved unanimously under Consent Agenda. Ordinance Advanced to second reading by Smith, seconded by Brookman, to Adopt the Ordinance M-12-24 M-12-24, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "A" LIQUOR LICENSE. Upon roll call, the vote was: AYES: 6 - Moylan, Oskerka, Sayad, Brookman, Smith, Charewicz NAYS: 0 - None ABSENT: 2 - Lysakowski, Walsten Motion declared carried. Page 3 of 11 8/5/2024 APPROVE CONTR/ Moved by Brookman, seconded by Smith, to Approve Resolution R-131-24, A SNOW REMOVAL/ RESOLUTION APPROVING THE FIRST RENEWAL OF A CONTRACT WITH SNOW SNOW SYS SYSTEMS, FOR SIDEWALK SNOW REMOVAL. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. Resolution R-131-24 AUTH AGRMT/ Moved by Brookman, seconded by Smith, to Approve Resolution R-132-24, A CRAIG MANOR RESOLUTION APPROVING AN AGREEMENT WITH BERGER CONTRACTORS, STMWTR IMP PRJ / INC. FOR THE 2024 CAPITAL IMPROVEMENT PROGRAM — CRAIG MANOR BERGER STORMWATER IMPROVEMENT PROJECT. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. Resolution R-132-24 SPT APP/ ITEP Moved by Brookman, seconded by Smith, to Approve Resolution R-133-24, A GRANT FUNDS/ IDOT RESOLUTION SUPPORTING AN APPLICATION FOR ITEP GRANT FUNDS FROM Consent Agenda THE ILLINOIS DEPARTMENT OF TRANSPORTATION. Motion declared carried as approved. unanimously under Consent Agenda. Resolution R-133-24 APPROVE ACT PLAN/ Moved by Brookman, seconded by Smith, to Approve Resolution R-134-24, A CDBG/ PROG YR 2024 RESOLUTION APPROVING THE CITY OF DES PLAINES COMMUNITY Consent Agenda DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2024 ANNUAL ACTION PLAN. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-134-24 APPROVE CHG ORD Moved by Brookman, seconded by Smith, to Approve Resolution R-135-24, A 3/ PLAN REV & BLDG RESOLUTION APPROVING CHANGE ORDER NO. 3 TO A CONTRACT WITH B&F INSPECT SVCS/ B&F CONSTRUCTION CODE SERVICES, INC. FOR PLAN REVIEW AND BUILDING Consent Agenda INSPECTION SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-135-24 AMEND SEC 1 OF CH Moved by Brookman, seconded by Smith, to Approve First Reading of Ordinance M-13-24, 18 OF TITLE 4/ ADD AN ORDINANCE AMENDING SECTION 1, "FEE SCHEDULE," OF CHAPTER 18, CL K LIO LIC "SCHEDULE OF FEES," OF TITLE 4, `BUSINESS REGULATIONS," OF THE CITY Consent Agenda CODE TO ADD ONE CLASS K LIQUOR LICENSE. Motion declared carried as approved unanimously under Consent Agenda. Ordinance M-13-24 APPROVE Moved by Brookman, seconded by Smith, to Approve the Minutes of the City Council MINUTES meeting of July 15, 2024, as published. Motion declared carried as approved unanimously Consent Agenda under Consent Agenda. APPROVE Moved by Brookman, seconded by Smith, to Approve the Closed Session Minutes of the MINUTES City Council meeting of July 15, 2024, as published. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. Page 4 of 11 8/5/2024 RE -APPOINTMENTS For consideration only; no action taken. NEW BUSINESS Youth Commission Maria Cullotta - New Term to Expire 8/19/2028 Rosalie Cullotta - New Term to Expire 8/19/2028 Erin Doer - New Term to Expire 8/19/2028 Gloria Ludwig - New Term to Expire 8/19/2028 Joanie Sebastian - New Term to Expire 8/19/2028 FINANCE & ADMINISTRATION — Alderman Sayad, Chair WARRANT Alderman Sayad presented the Warrant Register. REGISTER Resolution Alderman Sayad stated the fund balance as of June 30, 2024 is $23,089,019.00. R-136-24 Moved by Sayad, seconded by Brookman, to Approve the Warrant Register of August 5, 2024, in the Amount of $6,056,187.82 and Approve Resolution R-136-24. Upon roll call, the vote was: AYES: 6 - Moylan, Oskerka, Sayad, Brookman, Smith, Charewicz NAYS: 0 - None ABSENT: 2 - Lysakowski, Walsten Motion declared carried. COMMUNITY DEVELOPMENT— Alderman Moylan, Chair CONSIDER Alderman Moylan made an adjustment to the agenda by advancing agenda item N132d. APPROVING ADD BUS ASSIST PROG Alderman Moylan requested consideration of Resolution R-129-24 be deferred to the next GRANT (GROWTH) City Council meeting. FOR BRUNCH CITY CAFE Moved by Moylan, seconded by Sayad, to defer Resolution R-129-24 to the second City Resolution Council meeting in August, A RESOLUTION APPROVING AN ADDITIONAL R-129-24 BUSINESS ASSISTANCE PROGRAM GRANT (GROWTH) FOR BRUNCH CITY CAFE AT 901 EAST OAKTON STREET. Upon voice vote, the vote was: AYES: 6 - Moylan, Oskerka, Sayad, Brookman, Smith, Charewicz NAYS: 0 - None ABSENT: 2 - Lysakowski, Walsten Motion declared carried. CONSIDER Director of Community and Economic Development Rogers reviewed a memorandum dated APPROVING COND July 25, 2024. USES FOR 480 S. DES PLAINES RIVER RD On July 15, 2024, this item was deferred to the August 5, 2024 City Council meeting due to Ordinance outstanding code violations on the subject property related to debris, parking in the drive Z-13-24 aisle, and property maintenance. Since then, the petitioner has worked with staff to address these issues and make improvements to the subject property. The petitioner has also seal - coated and restriped the parking and drive aisle areas to maximize the number of off-street parking spaces on the subject property. Petitioner Chris Brown has requested a Conditional Use Permit to expand the operation of an auto service repair facility, Des Plaines Auto Clinic and Tire, at 480 S. Des Plaines River Road. The subject property contains a single, L-shaped building with a surface parking area. Page 5 of 11 8/5/2024 The existing one-story, 5,278-square foot building is split between two auto service repair businesses —Family Auto and Des Plaines Auto Clinic and Tire —with each business having its own office and service bay areas separated by a shared utility room that is located at the narrow neck of the building. The subject property is a double -frontage corner lot with an angled north property line fronting Lee Street on the west, Elk Boulevard on the North, and Des Plaines River Road on the east. The subject property is located within the C-3 General Commercial district and auto service repair requires a conditional use permit in the C-3 zoning district. The proposal does not include the interior alteration of the building, its rooms, or its location. There are also no plans to alter the existing exterior building materials, which consist of concrete blocks. However, there are plans to add additional wall signs on the exterior of the building for the Des Plaines Auto Clinic and Tire business. Family Auto meets parking requirements with six parking spaces available at the southwestern portion of the lot with direct access. Six spaces along the north building elevation and north property line for use by the Des Plaines Auto Clinic and Tire business do not comply with the minimum parking requirement. The property is currently accessed by one curb cut off Des Plaines River Road providing direct access to the existing Des Plaines Auto Clinic and Tire and one curb cut off Elk Boulevard providing access to both businesses. The existing access and circulation for the northern portion of the property for the Des Plaines Auto Clinic business will change to a one-way drive aisle with six 60-degree parking spaces and one 0-degree (parallel) space. Traffic related to Des Plaines Auto Clinic business will access the subject property from the existing curb cut off Des Plaines River Road and exit through the other existing curb cut off Elk Boulevard without any changes to either curb cut. The striping plan provides a total of seven parking spaces for the Des Plaines Auto Clinic and Tire business, leaving a six -space deficit. To further address the parking deficiency, Des Plaines Auto Clinic has entered into a collective parking agreement with the Elk's Club at 495 Lee Street for a total of eight parking spaces. A collective agreement can be authorized by the City Council if the property granting the agreement can demonstrate surplus off-street parking spaces are available. With the collective parking agreement, a minimum of nine off-street parking spaces are required to be located on the subject property. However, even with the new striping plan only seven off-street parking spaces are able to fit on the subject property. A major variation is requested to allow for seven parking spaces to satisfy the off-street parking requirements. The existing property is void of any landscaping and the petitioner's proposal does not include the addition of any new landscaping. However, given the orientation and positioning of the off-street parking spaces and the close proximity to motorists and pedestrians, staff have added a condition that a minimum 5'-0" wide landscape area is installed directly in front of the striped spaces that face Elk Boulevard to add screening and limit the light pollution from headlights. The existing dumpsters and enclosures for both businesses will continue to be utilized as they are now. Staff have added a condition that all garbage, used tires, and any other debris are kept in the dumpster enclosure at all times The Des Plaines Auto Clinic is open 8:00 a.m. to 6:00 p.m. Monday through Friday, 7 a.m. to 3 p.m. on Saturdays, and closed on Sundays. Their services include tune-ups and servicing for the brake system, engine, exhaust system, tires, transmission, and emissions. They will also offer auto parts and accessories for sale and installation on site. A maximum of two employees will be present on site at a given time. Page 6 of 11 8/5/2024 The PZB voted 4-0 to recommend that City Council approve the requests with the staff recommended conditions. Staff and the PZB recommend the following conditions: 1. The parking area shall be repaved with a dust -free hard surface and the parking spaces shall be painted on the property to match the approved Site Plan. A revised parking striping plan may be approved by the Community and Economic Development Department if the plans meet requirements of Section 12-9-6 and Site Plan Review standards pursuant to Section 12-3-2.B. 2. Minimum five-foot wide perimeter landscape areas shall be installed along the front of the parking spaces facing Elk Boulevard in compliance with Section 12-10-8.B. 3. Inoperable vehicles shall not be parked or stored outdoors on the Subject Property, except for vehicles waiting to be serviced. No vehicles shall be stored within the drive aisles at any time. 4. Only nine service bays shall be allowed for the life of this conditional use. 5. No auto body related activities are permitted unless this conditional use is amended. Sale and display of motor vehicles is not permitted at any time. 6. Used tires may only be stored inside the building, a dumpster, a fully enclosed fence enclosure, or a permitted accessory structure. A contract with a tire disposal company must be provided to Community and Economic Development staff, or an affidavit must be signed attesting that no used tires will be stored on site. 7. Prior to the time of building permit, the petitioner shall obtain the Des Plaines Fire Department's review and written approval of all waste oil removal arrangements and practices for the Subject Property. Moved by Brookman, seconded by Smith, to Approve First Reading of Ordinance Z-13-24, AN ORDINANCE APPROVING CONDITIONAL USES FOR 480 S. DES PLAINES RIVER ROAD, DES PLAINES, ILLINOIS. (Case #24-018-CU-V). Upon voice vote, the vote was: AYES: 6 - Moylan, Oskerka, Sayad, Brockman, Smith, Charewicz NAYS: 0 - None ABSENT: 2 - Lysakowski, Walsten Motion declared carried. CONSIDER Director of Community and Economic Development Rogers reviewed a memorandum dated APPROVING MAJOR July 25, 2024. VAR & REPEAL PRIOR APPROV FOR The petitioners, Jeremy Lyons and Julie Piszczek, is requesting the following entitlements 1700 W. HIGGINS RD under Title 12 — Zoning of the City Code for property at 1700 W. Higgins Road: (i) Major Ordinance Variation to allow a total building sign area of 300 square feet where a maximum of 200 Z-15-24 square feet of building sign area is permitted; and (ii) a Major Variation to allow four wall signs on a sign building where a maximum of three wall signs are allowed. Existing Signs and Classifications There are a variety of different signs on the subject property including four building -mounted signs and three freestanding signs consisting of one monument sign and two billboard signs. Since the subject property abuts an interstate highway (i.e., Interstate I-90), additional sign allowances are permitted through Sections 12- 11-5.11 and 12-11-6.13 including billboards and interstate highway wall signs. However, since there are no proposed changes to the existing freestanding signs, this analysis will focus on the existing and proposed building -mounted signs detailed in the attached project narrative. Out of the three existing building -mounted signs, only one (the Riddell sign located on the north building elevation) faces the interstate highway. Pursuant to Section 12-11-6.B, Page 7 of 11 8/5/2024 properties that abut an interstate highway are permitted one interstate highway wall sign in conformance with the standards in Section 12-11-6.B.—on the building elevation that is visible from the interstate highway. As such, the existing north -facing sign is classified as an interstate highway wall sign and, as a separate sign type, is not included in the count or area calculations for regular wall signs. The remaining three existing building -mounted signs located on the west and south elevations of the building are classified as wall signs. Pursuant to Section 12-11-6.13, office buildings are permitted to have up to three wall signs not exceeding 200 square feet. The subject property is currently compliant with the quantity of wall signs and the maximum total sign area permitted for an office building. The petitioner is proposing to install a new 112-square-foot wall sign on the east elevation of the building for one of the existing businesses in the building. The proposal would increase the number of wall signs to four and the total sign area to 237 square feet, which both require major variations. The PZB voted 4-1 to recommend that City Council approve the requests for wall sign quantity and sign area without any conditions. Moved by Moylan, seconded by Brookman, to Approve First Reading of Ordinance Z-15-24, AN ORDINANCE APPROVING MAJOR VARIATIONS AND REPEALING PRIOR APPROVALS FOR 1700 W. HIGGINS ROAD, DES PLAINES, ILLINOIS (CASE #24-019-V) Upon voice vote, the vote was: AYES: 6 - Moylan, Oskerka, Sayad, Brookman, Smith, Charewicz NAYS: 0 - None ABSENT: 2 - Lysakowski, Walsten Motion declared carried. CONSIDER COND The petitioner, Des Plaines Park District, is requesting a conditional use permit to operate an USE FOR 1177 institutionally zoned assembly use (banquet facility) in the I-1 Zoning District. HOWARD AVE Ordinance The petitioner is requesting a conditional use to allow for an assembly use (banquet Z-16-24 facility/event space) to be operated by the Park District. No proposed expansions or exterior alterations are proposed for the building. All proposed uses will be located inside the building. The specific programming will vary depending on demand, available resources, seasonality, or other factors. Some activities may occur simultaneously on the site. The proposed used of the building and hours of operations are: • Assembly uses o Event space for parties, banquets, conferences, etc. ■ Hours of Operation: Every day, 8am to 11 pm ■ Spaces Utilized: Shoreline Room and other ground floor facilities • Restaurant o Class A Restaurant (i.e. sit-down restaurant) ■ Hours of Operation: Monday: Closed, Tuesday -Friday: 11:00 a.m. to 10:30 p.m., Saturday -Sunday: 10:00 a.m. to 10:30 p.m. ■ Spaces Utilized: Restaurant area (main floor) Page 8 of 11 8/5/2024 • Office o Park District administrative activities ■ Hours of Operation: Monday -Friday 8:00 a.m. to 5:00 p.m. ■ Spaces Utilized: Office area in building The petitioner's narrative states that park district personnel will be on site for banquets and all staff will be Bassett trained and certified for any serving of alcohol. A liquor license is requested simultaneously with this conditional use, to be reviewed under a separate city process pursuant to Section 4-4-3 of the Municipal Code. The Park District has also communicated to City staff an interest in using a portion of the east parking lot for events, such as a farmer's market. Prior to any occupancy of the building for an assembly use, a permit is required with a minimum of a life safety plan for review by the Building Department and the Fire Prevention Division to determine compliance with building and fire code. The fire occupancy load cannot be exceeded at any time in the building, requiring the petitioner to ensure any activities are scheduled in a way that does not violate any fire codes. Any time the type of occupancy of a building or portion of a building is changed, an analysis of code compliance must be completed by City staff. Suggested conditions of approval further affirm this requirement, and any other requirements related to building or fire code and specifies what must occur prior to the assembly use operations. Note even if the suggested conditions of approval are removed, the property will still need to undergo this permit and inspection process. The space may also require architectural modifications in order to be compliant with all applicable codes and regulations. Pursuant to Section 12-9-7, commercially zoned assembly uses for community centers are required to provide one space for every 200 square feet of gross activity area. The existing restaurant requires 1 space for every 100 square feet of net floor area, or 1 space for every 4 seats, whichever is greater, plus 1 space for every 3 employees. The office spaces currently used in the building require 1 space for every 250 square feet of gross floor area. Five additional spaces are necessary to meet the required off-street parking amount. In addition to the existing 123 spaces available on the property, a proposed parking area is proposed to be located in the grassy area in the center of the property. The area can accommodate an estimated 24 parking spaces. A suggested condition of approval states a minimum of five additional parking spaces must be provided on the property, either in the proposed parking expansion area or elsewhere. At this time, the proposed parking lot expansion has not received a building permit. Prior to issuance of building permit, the plan will be required to meet all zoning ordinance requirements or approval of the following zoning variations: a. Parking is not permitted in the required front or side yards of the property. A minimum 50-foot setback from Howard Avenue is required (to remain outside of the required front yard); b. Parking stall striping; c. Parking stall width (8.5 feet) and depth (18.0 feet); d. Drive aisle width (22 feet); e. 5% of the total parking area as landscaping in islands with a minimum area of 100 square feet per island; f. A minimum of one shade tree per 100 square feet of required landscape area; and g. Curb and gutter around the perimeter. Page 9 of 11 8/5/2024 No application for a variation has been submitted at this time. Pursuant to Section 12-3-1, any complete application will be provided to the Planning and Zoning Board in a timely manner, ensuring proper staff review from all relevant departments and noticing requirements are met. A suggested condition of approval states that all parking for uses on this property must be located within the property line, meaning on -street parking and parking in adjacent parking areas unaffiliated with the uses in this building are prohibited. Traffic on the property will be related to the restaurant, offices and proposed assembly use. The amount of traffic will be generally determined by the available off-street parking spaces, with potential for increased traffic if there are a significant number of taxi or rideshare trips. A loading zone exists in the front of the building, providing a location for loading/unloading for the restaurant or proposed event space activities on the property and taxi/ride-sharing, allowing any vehicles to pull onto the property rather than queuing on Howard Avenue. Additionally, a portion of the property is proposed to be paved for a valet parking area associated with the restaurant, increasing the available parking for the restaurant by approximately 24 spaces. Although a traffic study is typically associated with a conditional use permit for assembly uses, one was not provided for this application due to the small size of the assembly operations. The property and all associated uses will be required to meet all environmental performance standards surrounding noise, odor, light, or other potentially disruptive elements pursuant to Chapter 12 of the Zoning Ordinance. To further control for noise associated with the assembly use, a suggested condition of approval limits amplified sound to inside the building, limiting disruptive activities on the patio of the proposed facility. Any garbage or debris associated with the property is required to be contained within the dumpster enclosure; a condition of approval further enforces this requirement. The PZB voted 5-0 to recommend that City Council approve the requests with the ten staff recommended conditions. If the City Council decides to approve these requests, staff and the PZB recommend the following conditions. 1. Five additional parking spaces must be added to the Subject Property prior to the operation of the Proposed Use. Construction of any proposed new parking areas or re -striping of existing areas must be done only pursuant to a building permit. 2. The minimum amount of required parking, as set forth in Section 12-9-7 of the Zoning Ordinance, must be provided on the Subject Property for all uses operating on the Subject Property. If an event or other activity is conducted in any portion of the parking areas on the Subject Property, the Proposed Use may not be used or rented until a minimum of 128 spaces are available and provided on the Subject Property. The Director of Community and Economic Development may approve alternate parking management plans. 3. Prior to the operation of the Proposed Use, Petitioner must obtain a permit that includes the review and approval of a life safety plan and the Subject Property must pass all inspections conducted by the Community and Economic Development Department and the Fire Prevention Division. 4. The maximum number of people in any space shall not exceed the maximum occupancy load prescribed by the Fire Department. Every room or space that is an assembly occupancy shall have the occupant load of that room or space posted in a conspicuous place, near the main exit. Page 10 of 11 8/5/2024 5. Amplified sound is prohibited on the patio and any other exterior area of the building associated with the Proposed Use. 6. Any expansion of the Proposed Use shall require the Petitioner to obtain an amendment to the Conditional Use Permit. 7. No alcohol shall be served during any event unless approved pursuant to Chapter 4 — Liquor Control of the Municipal Code. 8. All parking for the Subject Property and the Proposed Use must be located onsite within the Subject Property's lot lines. 9. Hours of operation for the assembly use are limited to 7:00 AM to 11:00 PM, daily. 10. All refuse associated with the uses on this property must be contained within a dumpster enclosure that meets requirements of Section 12-10-11 of the Zoning Ordinance. Moved by Brookman, seconded by Oskerka, to Amend Ordinance Z-16-24, to have condition #8 to read as follows - "Minimum required parking per City Code for the Subject Property and the Proposed Use must be located onsite within the Subject Property's lot lines", AN ORDINANCE APPROVING A CONDITIONAL USE FOR 1177 HOWARD AVENUE, DES PLAINES, ILLINOIS (Case #24-014-CU-V). Upon voice vote, the vote was: AYES: 6 - Moylan, Oskerka, Sayad, Brookman, Smith, Charewicz NAYS: 0 - None ABSENT: 2 - Lysakowski, Walsten Motion declared carried. Moved by Brookman, seconded by Smith, to Approve First Reading of Ordinance Z-16-24 as Amended, AN ORDINANCE APPROVING A CONDITIONAL USE FOR 1177 HOWARD AVENUE, DES PLAINES, ILLINOIS (Case #24-014-CU-V). Upon voice vote, the vote was: AYES: 6 - Moylan, Oskerka, Sayad, Brookman, Smith, Charewicz NAYS: 0 - None ABSENT: 2 - Lysakowski, Walsten Motion declared carried. Advanced to second reading by Brookman, seconded by Sayad, to Adopt the Ordinance Z-16-24 as Amended, AN ORDINANCE APPROVING A CONDITIONAL USE FOR 1177 HOWARD AVENUE, DES PLAINES, ILLINOIS (Case #24-014-CU-V). Upon roll call, the vote was: AYES: 6 - Moylan, Oskerka, Sayad, Brookman, Smith, Charewicz NAYS: 0 - None ABSENT: 2 - Lysakowski, Walsten Motion declared carried. OTHER MAYOR/ Alderman Moylan stated that it was significant to note that just under 15% of the recent ALDERMEN property tax bills are designated to the City, he stated the City is invested in keeping the COMMENTS FOR taxes low, and thanked staff. THE GOOD OF THE ORDER Alderman Sayad thanked Police Chief Anderson for the bike lights distribution program. Mayor Goczkowski gave an additional reminder that National Night Out is tomorrow, August 61 from 5:00 p.m. to 8:00 p.m. at Metropolitan Square. Page 11 of 11 8/5/2024 ADJOURNMENT Moved by Smith, seconded by Moylan, to adjourn the meeting. Upon voice vote, motion declared carried. The meeting adjourned at 7:47 p.m. J sic M. Mastalski — CIT LERK APPROVED BY ME THIS 19th DAY OF August , 2024 Andrew Goczkowski, MAYOR