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Council Minutes 02-18-2025MINUTES 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, FEBRUARY 18, 2025 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 6:01 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, February 18, 2025. ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz. Absent: Brookman. A quorum was present. CLOSED SESSION Moved by Sayad, seconded by Walsten, to convene into Closed Session under the following sections of the Open Meetings Act — Personnel, Probable or Imminent Litigation, Pending Litigation, and Setting the Price for the Sale/Lease of Property/Acquisition of Property. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 1 - Brookman Motion declared unanimously carried. The City Council recessed at 6:02 p.m. The City Council reconvened at 7:02 p.m. Roll call indicated the following Alderman present: Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz. Absent: Brookman. 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 PLEDGE PUBLIC HEARING/ CONSIDER MAKING APPNS TO DEFRAY THE EXP FOR MUN PURPOSES DES AS THE "ANNUAL APPROPRIATION ORDINANCE" FOR THE FY BEG JAN 1, 2025 AND END DEC 31.2025 Ordinance M-4-25 The prayer and the Pledge of Allegiance to the Flag of the United States of America were offered by Mayor Goczkowski. MINUTES OF THE PUBLIC HEARINGS HELD IN THE ELEANOR ROHRBACH M CHAMBERS DES PLAINES CIVIC CENTER, TUESDAY, FEBRUARY 18, 2025 Mayor Goczkowski called the Public Hearing for consideration of making appropriations to defray the expenses of the City of Des Plaines, Cook County, Illinois for municipal purposes designated as the "Annual Appropriation Ordinance" for the fiscal year beginning January 1, 2025 and ending December 31, 2025, to order at 7:02 p.m. Director of Finance Podbial reviewed a memorandum dated February 5, 2025. In accordance with the Illinois Compiled Statutes (ILCS), the City is required to pass an annual appropriation ordinance within the first quarter of its fiscal year. This appropriation ordinance specifies the sums of money deemed necessary to defray all expenses and liabilities for the calendar year 2025. The appropriation ordinance serves as a limit on what may be spent during the current fiscal year. The purpose of the appropriation ordinance is to appropriate such sums of money as the municipality deems necessary to defray all of its necessary expenses and liabilities. The Page 2 of 11 2/18/2025 ordinance is to be set up by objects and purposes for which each line item of the appropriation is made, and each appropriation must be for a specific dollar amount. The purpose for the required specificity in the appropriation ordinance is to inform the taxpayers of the purposes for which the municipal revenues are to be expended since no fund can legally be expended for any purpose other than that for which it was appropriated. The Supreme Court has indicated that this right of the taxpayer is a substantial right of which the taxpayer may not be deprived. However, the courts have also indicated that municipalities are not required to specify every conceivable item on which they may spend money as long as the purposes indicated are sufficiently specific to advise the taxpayer of the type of expenditure to be made so that the taxpayer can make further specific inquiries with regard thereto if desired. Once the appropriation ordinance has been adopted, the Illinois Municipal Code provides that no contract shall be made or expense incurred unless an appropriation previously has been made concerning that contract or expense. The Code further provides that any contract made or expense incurred in violation of this provision is absolutely void (not merely voidable) and that no money of the municipality can be spent on account thereof (65 ILCS 5/8-1-7). This provision has been adhered to strictly by the courts. There are exceptions to this previous appropriation rule, and these are briefly outlined below: 1. Special Petition/Referendum - Appropriations may be made by special petition or referendum (See 65 ILCS 5/8-2-9). 2. Before Passage — Authorizes expenditures to be made pending the passage of the Appropriation Ordinance (See 65 ILCS 5/8-1-7). 3. Supplemental Appropriation - A municipality may adopt without further hearing a supplemental appropriation ordinance in an amount not to exceed the aggregate of any additional revenue that becomes available to the municipality or is estimated to be received by the municipality after the adoption of the appropriation ordinance. Also fund balances available when the annual appropriation ordinance was adopted but that were not appropriated at that time may also be included within a supplemental appropriation ordinance. However, the supplemental appropriation ordinance can apply only to the new revenues. 4. Transfer - By a two-thirds vote of all the corporate authorities, a municipality may make transfers of any amounts appropriated for one object or purpose to another object or purpose. No approval is necessary, however, for transferring appropriations for different line items within categories of objects and purposes. No such transfer may be made that would reduce the balance of the appropriation below an amount sufficient to cover "all obligations incurred or to be incurred against the appropriation" (See 65 ILCS 5/8-2-9). 5. Court Order - As a general exception, a municipality may separately appropriate to pay a judgment ordered by a court of competent jurisdiction. 6. Emergency - The Illinois Municipal Code provides one additional manner in which a municipality that has underestimated its needed appropriations may respond to community needs. In the event of an extreme emergency, the corporate authorities by a two-thirds vote may make additional appropriations for the purpose of making improvements or restoration as a result of any accident or casualty that took place after the annual appropriation ordinance was passed or to meet an unforeseen emergency after passage of the appropriation ordinance. "Emergency" is specifically defined as "a condition requiring immediate action to suppress or prevent the spread of disease, or to prevent or remove imminent danger to persons or property." This Section has limited application and cannot be used to correct errors or mere oversight made in the appropriation ordinance and process (See 65 ILCS 5/8-1-6). 7. Bond Issue - Expenditures from a bond issue or special assessment can be made because the authorizing ordinances themselves are considered "appropriations." Page 3 of 11 2/18/2025 Finally, in order to avoid the problem of accurately forecasting 100 percent, even in general, the various items on which funds may be expended for the entire fiscal year, the courts have approved the use of an appropriation for contingencies. Thus, the corporate authorities need not follow the cumbersome route of first transferring from the contingency fund to another line item before paying out for unforeseen expenses. However, there is a limitation in that the contingency appropriation cannot exceed ten percent (10%) of the total budget. While this rule applies specifically to Budget -Officer municipalities, it is recommended that non - budget officer municipalities (such as the City) not exceed this rule as well. The 2025 Appropriation Ordinance for the City of Des Plaines is $252 million, whereas the 2025 Budget for the City of Des Plaines is $198 million. The difference of $54 million is comprised of the following items: • $17.9 million related to Interdepartmental transfers of which is included in the budget document as a separate column and not included in the $198 million total above. • $7.8 million for a Contingency Reserve on the General Fund, Capital Projects Fund, Equipment Replacement Fund, Information Technology Replacement Fund, Facilities Replacement Fund and the Water/Sewer Fund. The $7.8 million was arrived at by taking 5% of each of the respective expenditure totals per Fund. • $8.9 million for the Des Plaines Public Library, which the City is required to appropriate funds for and that have not been included within the 2025 Budget total. • $17.6 million for Police and Fire Pensions ($9.1 million for the Police Pension and $8.5 million for the Fire Pension). This item is included within the General Fund expenditures of the Appropriation Ordinance to be in line with the audit. • $1.7 million of carry-over items included in the 2025 Appropriation partly comprised of $998K for improvements under the Capital Project Fund, $380K for improvements under Motor Fuel Fund, $99K RED Center dispatch fees, $81K for engineering services under Grant Projects Fund (Devon Avenue Sidepath Phase I), $73K for equipment under Equipment Replacement Fund, $17K for engineering services in TIF#8 (Oakton/Maple Drainage Services), $16K Fire Station 63 kitchen equipment, $15K for improvements under the Water/Sewer Fund. Staff recommend the City Council pass and adopt the 2025 Appropriation Ordinance. A resident asked about the pension expense. Moved by Sayad, seconded by Oskerka, to Approve First Reading of Ordinance M-4-25, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR MUNICIPAL PURPOSES DESIGNATED AS THE "ANNUAL APPROPRIATION ORDINANCE" FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2025 AND ENDING DECEMBER 31, 2025. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 1 - Brookman Motion declared carried. Mayor Goczkowski adjourned the Public Hearing at 7:06 p.m. PUBLIC COMMENT Resident Donald mentioned a few items he noticed in the budget with a focus on the debt liability of the pension. Page 4 of 11 2/18/2025 City Manager Wisniewski addressed the public comment regarding the pensions. Resident Marian Cosmides mentioned she enjoyed the meeting last week even though she did not agree with some of the suggestions made by the consultants. She also mentioned she believes the National Trust for historic preservation Main Street program would be beneficial for Des Plaines. She also stated she emailed the City Council information regarding the program, and that she hopes they take a look at it. ALDERMAN Alderman Charewicz thanked staff and residents for attending the special meeting last week. ANNOUNCEMENTS He also mentioned upcoming events: chamber restaurant week - March 281-April 6', eighth ward meeting — April 1st at 7:00 p.m., Mayor's Address to the Business — March 61, and Izaak Walton League Wild Game Dinner February 21S' Alderman Oskerka mentioned that Galaxy Hot Pot opened today and that he is looking forward to what that can bring to our community. MAYORAL Mayor Goczkowski stated with the passing of Paul Saletnik, there is an opening on the ANNOUNCEMENTS Planning and Zoning Board; he stated interested candidates should visit desplainesil.gov/commission. He also mentioned he will also be having the annual Mayor's Address to the Businesses on March 6' from 8:00 a.m.-I0:00a.m. MANAGER'S REPORT City Manager Wisniewski thanked public works for the wonderful job of snow cleanup from the recent winter storms. She also extended her deepest condolences to the family of Glenview police officer Robert Fryc who was tragically killed in a motor vehicle collision while on his way to work. She mentioned although yesterday was a federal holiday, trash collection is following its regular schedule. CONSENT AGENDA Moved by Sayad, seconded by Oskerka, to Establish the Consent Agenda. Upon voice vote, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 1 - Brookman Motion declared carried. Moved by Sayad, seconded by Smith, to Approve the Consent Agenda. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 1 - Brookman Motion declared carried. License was approved; Minutes were approved; Resolutions R-29-25, R-30-25, R-31-25, R-32-25, R-33-25, R-34-25, R-35-25, R-37-25 were adopted. AUTH EXEC/ AGRMT/ Moved by Sayad, seconded by Smith, to Approve Resolution R-29-25, A RESOLUTION UPRC AUTHORIZING THE EXECUTION OF A PUBLIC HIGHWAY AT -GRADE CROSSING Consent Agenda AGREEMENT BETWEEN THE UNION PACIFIC RAILROAD COMPANY AND THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Resolution Agenda. R-29-25 Page 5 of 11 2/18/2025 APPROVE ADOPT/ HAZ Moved by Sayad, seconded by Smith, to Approve Resolution R-30-25, A RESOLUTION MIT PLAN/ COOK APPROVING THE ADOPTION OF THE 2024 COOK COUNTY MULTI - COUNTY JURISDICTIONAL HAZARD MITIGATION PLAN. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. Resolution R-30-25 AUTH EXEC/ IGA/ Moved by Sayad, seconded by Smith, to Approve Resolution R-31-25, A RESOLUTION IPWMAN AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT Consent Agenda FOR PARTICIPATION IN THE ILLINOIS PUBLIC WORKS MUTUAL AID NETWORK (IPWMAN). Motion declared carried as approved unanimously under Consent Agenda. Resolution R-31-25 RESC R-11-25/ Moved by Sayad, seconded by Smith, to Approve Resolution R-32-25, A RESOLUTION APPROVE MSTR RESCINDING RESOLUTION NO. R-11-25 AND APPROVING A MASTER CONTR, TO 1 & 2/ PROF CONTRACT AND TASK ORDERS NO. 1 AND 2 WITH AECOM TECHNICAL ENG SVCS/ AECOM SERVICES, INC. FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared Consent Agenda carried as approved unanimously under Consent Agenda. Resolution R-32-25 AUTH EXPEND/ SW Moved by Sayad, seconded by Smith, to Approve Resolution R-33-25, A RESOLUTION MAINT SVCS/ TYLER AUTHORIZING THE EXPENDITURE OF FUNDS UNDER A SOFTWARE Consent Agenda MAINTENANCE AGREEMENT WITH TYLER TECHNOLOGIES, INC. FOR SOFTWARE MAINTENANCE SERVICES. Motion declared carried as approved Resolution unanimously under Consent Agenda. R-33-25 APPROVE AGRMT/ PROF PLAN REV & INSP SVCS/ B&F Consent Agenda Resolution R-34-25 APPROVE CONTR/ MONUMENT SIGN RETROFIT/ PARVIN- CLAUSS Consent Agenda Resolution R-35-25 Moved by Sayad, seconded by Smith, to Approve Resolution R-34-25, A RESOLUTION APPROVING AN AGREEMENT WITH B&F CONSTRUCTION CODE SERVICES, INC. FOR PROFESSIONAL PLAN REVIEW AND INSPECTION SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Smith, to Approve Resolution R-35-25, A RESOLUTION APPROVING A CONTRACT WITH PARVIN-CLAUSS SIGN COMPANY, INC. FOR THE FIRE STATION #61 AND #63 MONUMENT SIGN RETROFIT. Motion declared carried as approved unanimously under Consent Agenda. APPROVE EXPEND OF Moved by Sayad, seconded by Smith, to Approve Resolution R-37-25, A RESOLUTION FUNDS/ IGA/ RED CTR APPROVAL OF EXPENDITURE OF FUNDS UNDER THE INTERGOVERNMENTAL Consent Agenda AGREEMENT FOR REGIONAL EMERGENCY DISPATCH CENTER (RED CENTER) SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-37-25 Page 6 of 11 2/18/2025 APPROVE OWNERSHIP Moved by Sayad, seconded by Smith, to APPROVE A CHANGE IN OWNERSHIP FOR A CHG/ CL M LIO LIC/ CLASS M LIQUOR LICENSE (GAS STATION BEER & WINE SALES FOR OFF -SITE 2000 MANNHEIN GAS CONSUMPTION ONLY) FOR 2000 MANNHEIM GAS, INC., 2000 MANNHEIM ROAD, FROM PREVIOUS OWNER MALAXMI, INC. DB/A DES PLAINES MOBILE. Motion declared carried as approved unanimously under Consent Agenda. APPROVE Moved by Sayad, seconded by Smith, to Approve the Minutes of the City Council meeting MINUTES of February 3, 2025, as published. Motion declared carried as approved unanimously under Consent Agenda Consent Agenda. APPROVE Moved by Sayad, seconded by Smith, to Approve the Closed Session Minutes of the City MINUTES Council meeting of February 3, 2025, as published. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. UNFINISHED BUSINESS CONSIDER A PLAT OF Director of Community and Economic Development Rogers stated the petitioner requested VAC & ASSOC a deferral of consideration of a plat of vacation and associated development agreement at DEVELOP AGRMT AT 760 Lee Street (First Reading of Ordinance Z-2-25) to March 3' City Council Agenda. 760 LEE ST Ordinance Without objection, the First Reading of Ordinance Z-2-25 was deferred to the March 31 City Z-2-25 Council meeting. NEW BUSINESS FINANCE & ADMINISTRATION — Alderman Sayad, Chair WARRANT Alderman Sayad presented the Warrant Register. REGISTER Resolution Alderman Sayad stated the balance of the General Fund as of December 31, 2024 is R-36-25 $24,566,762.00. Moved by Sayad, seconded by Oskerka, to Approve the Warrant Register of February 18, 2025, in the Amount of $22,544,952.66 and Approve Resolution R-36-25. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 1 - Brookman Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Moylan, Chair CONSIDER Director of Community and Economic Development Rogers reviewed a memorandum dated APPROVING A TERM February 11, 2025. SHEET FOR A LEASE AND OPS AGRMT RE Consideration of Resolution R-38-25 approving the terms in the term sheet for a lease and 678 LEE ST operations agreement with Mr. David Villegas and his investors (the "Operator") for the Resolution 678 Lee Street property (the "White Bank Building"). R-38-25 The City completed the acquisition of the property with an official closing date of December 9, 2024. Concurrently, staff have met with the Operator to discuss various aspects of the term sheet on several occasions regarding the proposed restaurant concept. The following summarizes the deal point components included in the term sheet: • Section 1 - Non -Binding Term Sheet: Final terms will be finalized in a development agreement to be considered separately at a later date. Page 7 of 11 2/18/2025 • Section 2 - Occupancy, Improvement, and Operation of Premises: The Operator will occupy the premises as approved by the City, including various Operator modifications, and will operate a Class A sit-down restaurant with optional live performances. • Section 3 — Term: The initial term includes 15 years followed by 2 optional 5-year extensions. • Section 4 - Rent and Security Deposit: The lease format is a triple -net lease -to -own with the initial minimum rent amount of $18,125 per month commencing on the date a certificate of occupancy is issued. Subsequent payments correspond to a fixed percentage of gross sales starting at 2.0% and increasing 0.5% every 3 years to 4% in years 13 and 15. • Section 5 — Option to Purchase: The term sheet provides an option for the Operator to purchase the facility after years 10, 15, and 20. The price at each interval will reflect the City's investment plus maintenance costs, less rent, and other revenue received by the City generated by the business. • Section 6 — Utilities: The operator will be responsible for the payment of all utility costs. • Section 7 — Taxes: The operator is responsible for all taxes; however, the City will pursue approval of a Cook County Class 7B property tax incentive intended for properties in need of commercial development with development costs in excess of $2 million. • Section 8 — Insurance: The Operator will be required to furnish proof of insurance at amounts commensurate with the value of risk associated with the business as outlined in the term sheet. • Section 9 - Maintenance, Improvements, and Operations: It outlines those systems to be maintained by the City versus those to be maintained by the operator. The term sheet establishes a maximum City investment of $10.8M with a 10% contingency (total of $12M) to complete the City improvements prior to granting access to the Operator for their improvements. The Operator will be responsible for all tenant improvements, which are generally comprised of millwork, furniture, fixtures, decor, kitchen & beverage service equipment, AN systems, security systems, signage, artwork, etc. The agreement does not establish a minimum for these costs, but the Operator estimates this investment to be approximately $4.5M. Based on a conservative estimate, at the end of the 15-year term, the outstanding portion of the project investment still outstanding and not yet recovered is estimated to be approximately $6.OM, with an estimated property value of between $4.5M and $5.5M. A resident asked a couple questions regarding the bank building on the entertainment aspect and the City investment in this development. Resident Deb Lester asked if the tenant will be seeking a business assistant grant, and if so, the amount the City anticipates that to be. Moved by Moylan, seconded by Walsten, to Approve Resolution R-38-25, A RESOLUTION APPROVING A TERM SHEET FOR A LEASE AND OPERATIONS AGREEMENT REGARDING THE CITY -OWNED PROPERTY AT 678 LEE STREET. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 1 - Brookman Motion declared carried. Page 8 of l l 2/18/2025 CONSIDER Director of Community and Economic Development Rogers reviewed a memorandum dated APPROVING A MAJ February 6, 2025. VAR FROM SEC 12-8-1 OF THE ZONING ORD The petitioner requests a major variation to permit a 288-square-foot accessory structure TO ALLOW AN ACC (gazebo) in the R-1 Single Family Residential district, where a maximum area of 225 square STRUCT AT 634 DEBRA feet is permitted for accessory structures other than detached garages. DR Ordinance The current gazebo consists of two 144-square-foor prefabricated gazebo structures Z-5-25 combined with a gutter system in the middle, creating a 288-square-foot accessory structure in total. Since the two prefabricated structures were combined both with a gutter system and shared center support beams, staff have determined the structure in question to be a single gazebo instead of two separate gazebos. The building specifications provided are for a 12-foot-by 12-foot gazebo. Since to prefabricated gazebos were combined and two support beans were removed, the gazebo structure was installed outside of the manufacturer's specifications and therefore requires analysis from a licensed structural engineer and additional documentation to confirm it is structurally sound and safe. In addition, staff have noted the gazebo structure's close proximity to overhead electrical lines, which the City's adopted building codes require to be: • A minimum of three free from the edge of the roof of the accessory structure; and A minimum of eight feet above the roof of an accessory structure unless the accessory structure roof has a slope of 4:12 or greater in which the requirement can be reduced to a minimum of three feet above the roof. Therefore, staff propose a condition of approval requiring submittal of the following at time of building permit: • Foundation details for the gazebo posts; • Connection details; • Framing analysis by a structural engineer; and • Roof plan showing roof slope, setback from overhead electrical lines, and required compliant drainage design. The gazebo structures are comprised of aluminum roofs supported by wooden posts. Page 2 of the Gazebo Specifications denotes that the wood posts are not flame retardant and will burn, cautioning that grills, fire pits, and chimineas are a fire hazard if placed too close to the gazebo structure. Staff have noted in the Photos of Existing Conditions the presence of heating elements such as a fireplace or grill which are located underneath the gazebo structure near the two rear posts. Given the safety concerns associated with heating elements and flammable materials such as wood, staff propose a condition of approval requiring submittal of the following at time of building permit: • Description and specifications of all heating elements and the like located near, underneath, or on top of the gazebo structure; • The distance in feet of each heating element from the gazebo structure itself, the property line, and the residence. The impervious patio in which the gazebo structure sits has been substantially expanded beyond the scope of the original 2011 Permit Site Plan. As a result, staff proposes a condition of approval requiring the submittal of elevation measurements and drainage patterns both around the gazebo structure and enlarged patio area to determine if run-off is impacting neighboring properties and if storm water improvements are needed on site. Page 9 of 11 2/18/2025 The subject property is approximately 6,614 square feet in size, and the Zoning Ordinance allows up to 30-percent of interior lots in the R-1 district to be covered with structures, equating to a total building coverage allowance of 1,984 square feet. Factoring in the approximately 1,399-square-foot residence, the total building coverage allowance for accessory structures to 584 square feet. Given this information, staff have concluded that alternatives are available on the subject property in lieu of the requested variation: • Alternative 1 — Remove the existing shed and construct the two prefabricated gazebos separately as intended and designed by the gazebo structure manufacturer: This saves the petitioner both time and money associated with obtaining reports and documentation from licensed structural engineers and other design professionals for the structure in question, which may still conclude that the structure in question is not sound and is not safe to permit. • Alternative 2 — Replace the existing accessory structures with two 225-square- foot structures: Currently on site is the 288-square-foot gazebo structure in question and a 63-square-foot shed. However, the replacement of two existing accessory structures with two larger structures maximizes the coverage of accessory structures on the subject property and is more cost-efficient to the petitioner. • Alternative 3 - Installation of an open or enclosed addition onto the existing residence: This option could provide a covered patio space, which could negate the need for accessory structures on site. The petitioner has provided a video attempting to answer staff s comments above. However, additional information is necessary. Given the technical nature of the information needed, staff offered to perform a site visit on the subject property to assess the gazebo structure and the surrounding area. Staff conducted a site visit on January 27, 2025. In its review of this request, the City Council may consider: l . The viability of requests involving structures built near residences and outside of the manufacturer's specifications, especially when these structures are accompanied with heating elements; 2. If alternative roof structure designs are more feasible, safe, and functional compared to the subject gazebo structure; and 3. If this request is ready for review given the lack of all necessary information to make an informed decision. The PZB voted 5-1 to recommend that City Council approve the major variation request with the staff recommended conditions. If the City Council decides to approve this request, staff and the PZB recommend the following conditions: 1. At time of building permit, the petitioner must provide foundation details for the gazebo posts, connection details, a framing analysis by a structural engineer, and a roof plan showing roof slope, setback from overhead electrical lines, and a required compliant drainage design. 2. At time of building permit, the petitioner must provide a description and full manufacturer specifications of all heating elements located near, underneath, or on top of the gazebo structure in addition to the distance in feet of each heating element from the gazebo structure itself, the property line, and the residence. 3. At time of building permit, the petitioner must provide elevation measurements and drainage patterns prepared by a licensed engineer for the enlarged patio area and around the gazebo structure. 4. The gazebo accessory structure and patio area must be adjusted as necessary to be compliant with all adopted city ordinances or removed. Page 10 of 11 2/18/2025 Moved by Sayad, seconded by Smith, to Approve First Reading of Ordinance Z-5-25, AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 12-8-1 OF THE ZONING ORDINANCE TO ALLOW AN ACCESSORY STRUCTURE AT 634 DEBRA DRIVE, DES PLAINES, ILLINOIS (Case #25-002-V). Upon voice vote, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 1 - Brookman Motion declared carried. Advanced to second reading by Sayad, seconded by Walsten, to Adopt the Ordinance Z-5-25, AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 12- 8-1 OF THE ZONING ORDINANCE TO ALLOW AN ACCESSORY STRUCTURE AT 634 DEBRA DRIVE, DES PLAINES, ILLINOIS (Case #25-002-V). Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 1 - Brookman Motion declared carried. CONSIDER AMENDING Director of Community and Economic Development Rogers reviewed a memorandum dated THE TEXT OF THE February 6, 2025. ZONING ORD RE REC VEH PARK The City proposes modifying Sections 12-8 and 12-13-3 to define, categorize, and create Ordinance specific standards for recreational vehicle parking and use in residential and non-residential Z-3-25 districts. The City of Des Plaines proposes amending the Zoning Ordinance to specifically regulate recreational vehicle parking and use in residential and non-residential districts and create a new definition for recreational vehicles. At the October 28, 2024 and November 18, 2024 City Council meetings, Community and Economic Development Director Jeff Rogers presented a staff memo providing an overview of possible regulatory frameworks for recreational vehicle parking in Des Plaines and a comparison of regulations in surrounding municipalities. The City Council discussed the staff presentation and heard community commentary. This discussion revolved around the main ways to regulate recreational vehicle parking in the following ways: • Residential versus non-residential zoning districts • Location on a zoning lot (i.e. front yard, side yard and/or rear yard, etc.) • A recreational vehicle's three-dimensional bulk parameters (i.e. length, height, etc.) • Time of year After discussion, the City Council instructed staff to advance to the Planning & Zoning Board with a text amendment with a narrow regulatory framework centered on these elements. The PZB voted 6-0 to recommend that City Council approve the Text Amendment request with the deletion of the 32 foot maximum recreational vehicle length in the proposed new Section 12- 8-16.D.1. Page 11 of 11 2/18/2025 Moved by Lysakowski, seconded by Sayad, to Amend Ordinance Z-3-25 to include a 36-foot maximum RV size limitation in residential and non-residential areas subject to the exceptions that are listed in the ordinance, AN ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE REGARDING RECREATIONAL VEHICLE PARKING. Upon roll call, the vote was: AYES: 5 - Lysakowski, Moylan, Oskerka, Sayad, Smith NAYS: 2 - Walsten, Charewicz ABSENT: 1 - Brookman Motion declared carried. Resident Nick Caputo inquired on how the City will be notifying RV owners that these restrictions will be going into effect, and what are the fines for the violations. Moved by Moylan, seconded by Lysakowski, to Approve, as Amended, First Reading of Ordinance Z-3-25, AN ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE REGARDING RECREATIONAL VEHICLE PARKING. Upon voice vote, the vote was: AYES: 6 - Lysakowski, Moylan, Oskerka, Sayad, Smith, Charewicz NAYS: 1 - Walsten ABSENT: 1 - Brookman Motion declared carried. ADJOURNMENT Moved by Sayad, seconded by Walsten, to adjourn the meeting. Upon voice vote, motion declared carried. The meeting adjourned at 8:23 p.m. (;�� M J M. Mastalski CITY 1CLhRK APPROVED BY ME THIS 3rd DAY OF Marc , 2025 1 Andrew Goczkowski, MAYOR