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Council Minutes 03-03-2025MINUTES 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, MONDAY, MARCH 3, 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 6:32 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 3, 2025. ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Sayad, Brookman, Walsten, Smith, Charewicz. A quorum was present. CLOSED SESSION Moved by Sayad, seconded by Charewicz, to convene into Closed Session under the following sections of the Open Meetings Act — Pending Litigation. Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 0 - Brookman 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: Lysakowski, Moylan, Oskerka, Sayad, Brookman, Walsten, Smith, Charewicz. 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 The prayer and the Pledge of Allegiance to the Flag of the United States of America were offered by Alderman Oskerka. SWEARING -IN The Fire Department commemorated the swearing -in of new hires CEREMONY The following members of the Fire Department were sworn in by Mayor Goczkowski: • Joseph Lombardo, Firefighter/Paramedic • Raul Ramirez, Firefighter/Paramedic • Michael Major, Firefighter/Paramedic • Brian Campbell, Firefighter/Paramedic PROCLAMATION City Clerk Mastalski read a proclamation by Mayor Goczkowski declaring March as Women's History Month. PUBLIC COMMENT John Maag mentioned he is in favor or an underpass versus an overpass. He also expressed his displeasure with the Mayor and the City Council for considering another apartment building next to Hills Funeral Home, and that he believes this location should be green space. He thanked Alderman Brookman for the recent ward meeting. He also acknowledged the passing of Wayne Serbin and what he meant to the City. Donald Descamps addressed the funding of the police and fire pensions, and the prevention of an exploding pension expense in the future. Page 2 of 14 3/3/2025 ALDERMAN Alderman Brookman thanked the residents and presenters who attended the 5'' ward meeting ANNOUNCEMENTS Alderman Smith mentioned the Mayor's Address to Business will be on March 6''', and Maryville is hosting the Ed Block fundraiser on March 121. Alderman Charewicz stated Izaak Walton League is hosting a native plant seed giveaway on March 12' and the Des Plaines Youth Commission is hosting a Fun Fair on March 151. He also mentioned the next 8'' ward meeting will be on April 1't at 7:00 p.m. at the conservatory. Alderman Lysakowski mentioned early voting. Alderman Moylan stated he wanted to correct a comment made by a member of the audience — that there has not been an apartment building approved by the city council at Graceland and Prairie. He also countered the opinion that the apartment buildings are empty. Alderman Oskerka acknowledged the passing of Fire Chief Robert McKay from the North Maine Fire Protection District. Alderman Sayad mentioned the ribbon cutting of Ace Pickleball Club was a wonderful event and mentioned upcoming events the club will be hosting. MAYORAL Mayor Goczkowski mentioned the Journal & Topics is hosting a candidate forum at the ANNOUNCEMENTS council chambers on Wednesday at 6:30 p.m., the Des Plaines Chamber Annual Mayor's Address to Business will be on Thursday at 8:00 a.m., and the Galaxy Hot Pot ribbon cutting will also be on Thursday. He also addressed the consideration of Resolution R-52-25 regarding the economic development strategy for downtown which is on tonight's agenda. CITY CLERK City Clerk Mastalski stated that early voting starts March 17, 2025 and runs through ANNOUNCEMENTS March 31, 2025 at the Des Plaines Public Library. She also stated election day is April 1, 2025, and election day polling places can be found on the Cook County Clerk website or residents can contact the City Clerk's office for assistance. MANAGER'S REPORT City Manager Wisniewski congratulated the new members of the fire department. CONSENT AGENDA Alderman Walsten requested item #9 be removed from the consent agenda. Alderman Charewicz requested item #11 be removed from the consent agenda Moved by Oskerka, seconded by Brookman, to Establish the Consent Agenda without item #9&#11. Upon voice vote, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Brookman, seconded by Oskerka, to Approve the Consent Agenda without item # 9 & #11. Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Page 3 of 14 3/3/2025 City Clerk Mastalski read the items removed from the consent agenda. Minutes were approved; Ordinance M-4-25, Z-3-25 were adopted; Resolutions R-40-25, R-41-25, R-42-25, R-43-25, R-44-25, R-45-25, R-46-25, R-48-25, R-49-25 were adopted. APPROVE CONTRACT/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-40-25, A HOLIDAY DEC PROG/ RESOLUTION APPROVING A CONTRACT WITH FOUR SEASONS DECOR, INC. FOUR SEASONS DECOR FOR THE 2025-2027 MULTI -YEAR HOLIDAY DECORATING PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-40-25 APPROVE AGRMT/ SL Moved by Brookman, seconded by Oskerka, to Approve Resolution R-41-25, A MAINT & UW LOC/ RESOLUTION APPROVING AN AGREEMENT WITH H&H ELECTRIC CO. FOR H&H ELECTRIC STREETLIGHT MAINTENANCE, REPAIR, AND LOCATION OF UNDERGROUND Consent Agenda WIRING. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-41-25 REJECT ALL BIDS/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-42-25, A BRIDGE & LEVEE 50 RESOLUTION REJECTING ALL BIDS FOR THE BRIDGE AND LEVEE 50 Consent Agenda MAINTENANCE REPAIRS PROJECT. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-42-25 APPROVE TO 1/ PROF Moved by Brookman, seconded by Oskerka, to Approve Resolution R-43-25, A ARCH SVCS/ FGM RESOLUTION APPROVING TASK ORDER NO. 17 WITH FGM ARCHITECTS, INC., Consent Agenda FOR PROFESSIONAL ARCHITECTURAL SERVICES RELATED TO THE 678 LEE STREET BUILDING. Motion declared carried as approved unanimously under Consent Resolution Agenda. ISM, l54 APPROVE MC & TO 1/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-44-25, A PROF ENG SVCS/ RESOLUTION APPROVING A MASTER CONTRACT AND TASK ORDER NO. 1 LENZINI & RENWICK WITH HAMPTON, LENZINI AND RENWICK, INC. FOR PROFESSIONAL Consent Agenda ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-44-25 IMPROVEMENTS/ IL Moved by Brookman, seconded by Oskerka, to Approve Resolution R-45-25, A HWY CODE RESOLUTION FOR IMPROVEMENTS UNDER THE ILLINOIS HIGHWAY CODE (25- Consent Agenda 0023 1 -00-RS). Motion declared carried as approved unanimously under Consent Agenda. Resolution R-45-25 APPROVE AGRMT/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-46-25, A SIGN REPL/ MISFITS RESOLUTION APPROVING AN AGREEMENT WITH MISFITS CONSTRUCTION Consent Agenda COMPANY FOR THE 2025 CIP SIGN REPLACEMENT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Resolution R-46-25 Page 4 of 14 3/3/2025 APPROVE AGRMT/ Item #9 was removed from the consent agenda at the request of Alderman Walsten. PAINT WTR TANK/ ERA VALDIVIA Alderman Walsten questioned who owns the water tower, if the Des Plaines logo will be Consent Agenda painted on it, and inquired about the water usage billing for Holy Family. Resolution Director of PW&E Oakley stated the City owns the water tower, the hospital name needs to R-49-25 be on the water tower, and the water usage billing is independent of the water tower. Moved by Walsten, seconded by Sayad, to Approve Resolution R-49-25, A RESOLUTION APPROVING AN AGREEMENT WITH ERA VALDIVIA CONTRACTORS, INC., FOR THE PAINTING OF THE HOLY FAMILY WATER TANK. Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 0 - None Motion declared carried. SECOND READING/ Advanced to second reading by Brookman, seconded by Oskerka, to Adopt the Ordinance ORDINANCE M-4-25, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE M-4-25 EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR Consent Agenda MUNICIPAL PURPOSES DESIGNATED AS THE "ANNUAL APPROPRIATION ORDINANCE" FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2025 AND ENDING DECEMBER 31, 2025. Motion declared carried as approved unanimously under Consent Agenda. SECOND READING/ Item # 11 was removed from the consent agenda at the request of Alderman Charewicz. ORDINANCE Z-3-25 Alderman Charewicz stated that the non-resident commercial parking should not include a Consent Agenda length limit so he would like to amend the ordinance to remove the regulation of more than 36 feet in length, and he stated since enforcement could not be done until the spring so he would like to see the date moved up so enforcement could be started earlier to match the end of the season. Moved by Charewicz, seconded by Brookman, to amend Ordinance Z-3-25 to eliminate the 36-foot maximum size requirement in commercial zones, AN ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE REGARDING RECREATIONAL VEHICLE PARKING. Upon roll call, the vote was: AYES: 6 - Lysakowski, Moylan, Oskerka, Walsten, Smith, Charewicz NAYS: 2 - Sayad, Brockman ABSENT: 0 - None Motion declared carried. Moved by Charewicz, seconded by Lysakowski, to amend Ordinance Z-3-25 to change the effective date to September 30, 2025, 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, Smith, Charewicz NAYS: 3 - Sayad, Brookman, Walsten ABSENT: 0 - None Motion declared carried. Page 5 of 14 3/3/2025 Advanced to second reading by Charewicz, seconded by Moylan, to Adopt the Ordinance Z-3-25 as amended, AN ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE REGARDING RECREATIONAL VEHICLE PARKING. Upon roll call, the vote was: AYES: 6 - Lysakowski, Moylan, Oskerka, Brookman, Smith, Charewicz NAYS: 2 - Sayad, Walsten ABSENT: 0 - None Motion declared carried. APPROVE Moved by Brookman, seconded by Oskerka, to Approve the Minutes of the City Council MINUTES meeting of February 18, 2025, as published. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. APPROVE Moved by Brookman, seconded by Oskerka, to Approve the Closed Session Minutes of the MINUTES City Council meeting of February 18, 2025, as published. Motion declared carried as Consent Agenda approved unanimously under Consent Agenda. APPOINTMENTS For consideration only; no action taken. PLANNING & ZONING BOARD Artur Zadrozny — Term to Expire March 17, 2028 Artur Zadrozny spoke on his own behalf. UNFINISHED BUSINESS CONSIDER A PLAT OF Director of CED Rogers stated staff has asked the applicant to clarify their intention whether VAC & ASSOC to pursue in a timeframe to ensure the city council can make a decision at the next meeting, DEVELOP AGRMT AT otherwise it will be withdrawn in advance of the next meeting. 760 LEE ST Ordinance Without objection, the First Reading of Ordinance Z-2-25 was deferred to the March 17`h Z-2-25 City Council meeting. NEW BUSINESS MAYOR ANDREW GOCZKOWSKI CONSIDER City Manager Wisniewski reviewed a memorandum dated February 26, 2025. AMENDING ARTICLE B OF CHAPTER 7 OF Consideration of proposed amendments to Article B of Chapter 7 of Title 1 of the City Code. TITLE 1 OF THE CITY These amendments would change the provisions of the Code related to the City Clerk's CODE office. Ordinance M-5-25 These amendments are consistent with sound management practices and do not relate to the individuals who have, are, or in the future may serve as City Clerk. City Clerk Mastalski disagreed with the changes proposed to the duties of the City Clerk's office and the fundamental ways the city clerk's office is run due to these changes blurring the unbiased transparency of the office. She mentioned that it will not affect her as City Clerk, but will affect future city clerks and the residents. City Clerk Mastalski pointed out on an example of the City of Des Plaines organizational chart that the City Clerk is supposed to answer directly to the Des Plaines Residents; that elected officials are not supposed to answer to staff. She stated that if the City Clerk is not in control over the staff that is supposed to assist the City Clerk, then the clerk is not in Page 6 of 14 3/3/2025 charge of their own duties. She explained the City Code change is a roundabout way of moving an independent elected official office to answering to the City Manager and the City Council rather than the residents, making the position of an elected City Clerk nothing more than a pointless figurehead. City Clerk Mastalski stated the position of City Clerk is supposed to be objective as decided by the voters, most recently on the March 17, 2020 ballot where 67% voted no to an appointed City Clerk. She stated that the point of the City Clerk being elected rather than appointed is to make sure the position and duties are with no bias and of no influence, which is why the position of City Clerk is supposed to have no middle entity between the City Clerk's office and the residents of Des Plaines. She stated the City Clerk's office is to provide transparency not muddled by any influence. City Clerk Mastalski pointed out that no other office has employees that do not answer to the head of the office, and if there is a desire for a full-time supervisor in the City Clerk's office then it should be the Deputy Clerk. City Clerk Mastalski stated that the proposed ordinance changes circumvent the wishes of what the voters expressed in 2020, it removes the checks and balances by an elected office, and it is putting the City Manager or the City Manager's designee in a supervisory position over an elected official. Alderman Lysakowski asked for the City Manager to provide background on the changes. City Manager Wisniewski addressed that the ordinance changes address the staff oversight of the office. Alderman Smith asked if there are other municipalities where the City Manager is in charge of the City Clerk's office. City Manger Wisniewski stated most municipalities do not have a part time elected officials overseeing employees; she did not provide further reference or details to this statement. Alderman Brookman addressed the issue of this ordinance change was not reviewed in the legal licensing committee and stated that it instead appears to be part of a political agenda designed to strip authority from an independent elected official. She stated that granting the City Manager, who is an unelected administrator, direction over the City Clerk's office is in direct contradiction to Illinois Municipal Code which states that the supervision of the staff in the clerk's office falls under the responsibility of the elected clerk. Alderman Brookman stated that Des Plaines is home rule community with the ability to circumvent the Illinois Municipal Code, but just because the City has the ability to do so, it does not mean that the City should. She stated the proposed change ignores and defies the will of the residents when on March 17, 2020 the voters decisively rejected an appointed clerk when with 67%, voters said no to an appointed City Clerk controlled by bureaucrats. She stated the voters want an independent elected City Clerk, not a mere figurehead with no authority to their own office. She stated that this ordinance seeks to marginalize the City Clerk's office completely disregarding the will of the residents and sets a dangerous precedence by undermining the accountability and the transparency in the clerk's office and shifting the balance of the power. She stated elected officials are meant to hold administrators accountable not the other way around, and under this ordinance the elected City Clerk will now answer to the City Manager, an unelected official who is not accountable to the voters. She mentioned that it will be at the City Manager's discretion if work in the City Clerk's office gets done or not; the clerk will still be responsible for the performance of the clerk's office but has no authority to direct the staff. Page 7 of 14 3/3/2025 Alderman Brookman stated it is a conflict of interest that if a FOIA request exposes waste and efficiency illegal activities in city departments, there may not be incentives for the City Manager to release the information - jeopardizing transparency and eroding government accountability. She stated the role of the City Clerk is being reduced to nothing more than ceremonial role through this direct attack on the independence of the clerk's office and a direct attack on the residents' previous referendum decision. Alderman Moylan stated that the staff of the City Clerk's office should answer to the City Manager since the City Manager answers to the City Council. City Clerk Mastalski corrects Alderman Moylan's misunderstanding of the organization chart. She stated the City Clerk and the City Clerk's office is not supposed to answer to staff or the City Council, the City Clerk's office is supposed to answer to the Des Plaines Residents with no entity in between. She stated it is done this way for transparency and for no bias. City Clerk Mastalski stated there currently is dual supervision of the City Clerk's office staff between the City Clerk and the City Manager. She stated the responsibilities of the City Clerk's office staff through their job description is completely connected to the duties of the City Clerk. She stated the City Clerk is responsible for what the staff does since the office is under the City Clerk's name. She stated if the staff does something wrong — it is not on staff, it is not on the City Manager, it is on the City Clerk and the City Clerk would not have any way to dictate how it is being done or to make corrections if is wrong. City Clerk Mastalski stated by taking away the supervision and oversight of the staff, which their job description dictates they assist with the duties of the City Clerk under the City clerk's office, this is tying the hands of City Clerk and the City Clerk just becomes a figurehead. She stated that if the City Council wants to change the City Clerk from elected to appointed, then they should pass a referendum. City Clerk Mastalski mentioned if the City Council wants a full-time supervisor in the office, she recommended the Deputy Clerk. City Clerk Mastalski mentioned there are a lot of technicalities to the City Clerk's office most people, including the City Council, do not understand, where the City Clerk and Deputy Clerk have a full comprehension. She stated that these City Code changes are going to directly affect the residents with a change in the transparency of the office. Alderman Charewicz mentioned he is for mandating that the City Clerk answering to the City Manager. Donald Descamps stated that the elected City Clerk is supposed to be independent, and that they should be reporting to the voters, not someone else. He stated that the aldermen are elected and they are to answer directly to the voters, not someone else; he then further stated the situation is the same with the position of the elected City Clerk, that the City Clerk should only answer to the voters. He also mentioned that the Deputy Clerk is being paid a significant salary where they should be the representation of the City Clerk when need be. He stated that the City Clerk is responsible for the City Seal and FOIA, and due to this the City Clerk should be independent. He stated he is for keeping the City Clerk's office independent due to the numerous responsibilities that fall under the City Clerk's office. Gene Fregetto stated he is commenting as individual who has sued the City of Des Plaines in the past due to lack of transparency; he stated that he wants an independent City Clerk especially when it comes to FOI since FOI is the bible to open government. He stated he was one of the 67% who voted against the City Clerk becoming an appointed position since he wanted the position to be independent of the other elected officials and staff, so the City Clerk Page 8 of 14 3/3/2025 can provide accurate city records and will hold the elected officials and staff accountable. He stated the city council should support the City Clerk. Douglas Decamps stated he wanted to echo the other public comments regarding not being in favor the ordinance. He addressed that no public comment has been for the changes to the City Clerk's office. John Maag stated he is shocked by the speed at which these changes are being addressed. He stated that he is one of the 67% that voted to keep the City Clerk's office an independent office and that any alderman that votes for this is wrong. A resident asked if the city manager does not have enough to do if they are taking on another supervisory role. He addressed that since the City has millions to invest in the bank building, they should delegate funds for additional staffing in the City Clerk's office. Alderman Oskerka stated additional staff was not requested. He also mentioned a made up possible future scenario where an elected City Clerk does not show up for eighteen months, and the legal constraints and timelines if such a situation occurs. City Clerk Mastalski corrected Alderman Oskerka regarding his comment stating additional staff was not requested. She stated in 2023 for the 2024 Budget the part time employee in the City Clerk's office was removed by the City Manager without telling the City Clerk. She stated she found out that the position was removed when the proposed budget came out. She stated when this came to light, she emailed all of the alderman expressing her concern and was ignored. City Clerk Mastalski stated when, as she predicted, the issues arose with the removal of the part time position, she advocated and worked with the City Manager throughout 2024 to place the part time position back on the 2025 budget. She stated there has been a delay in the posting and hiring of the part time position, and that she questions the reasoning. City Clerk Mastalski stated she has been an advocate for making the Deputy Clerk a supervisor, especially since at this point the Deputy Clerk position is delegated as an executive assistant; rather than changing the entire format of an elected official office. City Clerk Mastalski stated the City Clerk is not suppose to answer to the City Council or the City Manager, the City Clerk and the City Clerk's office is suppose to answer directly to the Des Plaines residents. Alderman Moylan stated it is not a staffing issue. Alderman Brookman stated it is a staffing issue, and that City Manager's stated additional staffing that was supposed to be added to the office. Brian Kowalkowski stated he would like to see a study regarding the issue. He spoke regarding the organizational charts of a company. He addressed the legality of FOIA. He stated that he believes the city clerk should be elected. He addressed the salary and the benefits of the staff reporting to an elected official. Alderman Smith asked about the difference in the employees reporting to the City Clerk versus reporting to the City Manager. City Manager Wisniewski gave a summary of the role of a supervisor over City staff. Moved by Brookman, No Second, to Deny First Reading of Ordinance M-5-25, AN ORDINANCE AMENDING ARTICLE B OF CHAPTER 7 OF TITLE 1 OF THE CITY OF DES PLAINES CITY CODE REGARDING THE CITY CLERK. No Vote. Page 9 of 14 3/3/2025 Moved by Lysakowski, seconded by Moylan, to Approve First Reading of Ordinance M-5-25, AN ORDINANCE AMENDING ARTICLE B OF CHAPTER 7 OF TITLE 1 OF THE CITY OF DES PLAINES CITY CODE REGARDING THE CITY CLERK. Upon roll call, the vote was: AYES: 5 - Lysakowski, Moylan, Oskerka, Sayad, Charewicz NAYS: 3 - Brookman, Walsten, Smith ABSENT: 0 - None Motion declared carried. FINANCE & ADMINISTRATION — Alderman Sayad, Chair WARRANT Alderman Sayad presented the Warrant Register. REGISTER Resolution Moved by Sayad, seconded by Oskerka, to Approve the Warrant Register of R-50-25 March 3, 2025, in the Amount of $3,631,245.38 and Approve Resolution R-50-25. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Sayad, Brookman, Smith, Charewicz NAYS: 1 - Walsten ABSENT: 0 - None Motion declared carried. Alderman Sayad stated in the near future a discussion will be had to address the increase in water bills. COMMUNITY DEVELOPMENT — Alderman Moylan, Chair CONSIDER Director of Community and Economic Development Rogers reviewed a memorandum dated APPROVING THE February 24, 2025. RE:DDP ECONOMIC DEVELOPMENT The City's urban planning & economic development consultant team has finalized a final STRATEGY FOR draft of the re:DDP Economic Development Strategy for Downtown Des Plaines for DOWNTOWN DES consideration by the City Council. PLAINES Resolution Subsequent to a request for proposals (RFP) in August 2024, the City retained a team of R-52-25 professional consultants comprised of Teska Associates, Inc., Goodman Williams Group, and The Planera Group to facilitate an economic development strategic plan for Downtown Des Plaines. Beginning in September 2024, the consultant team engaged with City staff and members of the public including property owners, developers, local non-profit organizations, and community advocates and conducted market research related to Downtown Des Plaines. An initial public workshop was held on Wednesday, November 20, 2024, at which the consultant team presented a summary of existing physical conditions, findings from market analysis, and draft criteria for evaluation opportunities for public investment throughout Downtown Des Plaines. Comments and feedback from the public as well as the City Council were heard, and a survey was distributed to the community to solicit additional feedback. A second public workshop was held on Monday, February 10, 2025, at which the consultant presented development scenarios for five (5) opportunity sites within the downtown area as well as analysis regarding how each scenario scored utilizing the proposed evaluation criteria. Additional public comment was solicited followed by comments and direction from the City Council. Page 10 of 14 3/3/2025 Working together with staff, the consultant team has prepared a final draft of the proposed plan. Incorporating information from the prior workshops as well as responses to many of the questions and concerns raised during public comments and relayed via the survey, the draft plan includes the following major sections: a. Overview I The Overview introduces the intent of an economic development strategy as well as general details and maps identifying the extents of Downtown Des Plaines b. Existing Conditions I This section identifies land use and zoning characteristics, transportation connectivity, and descriptions of the current character & identity of Downtown. c. Unique Constraints I The Constraints section outlines physical, jurisdictional, and topographical issues associated with the Downtown's built environment and proximity to the Des Plaines River. d. Market Study I The Market Study includes current statistics and analysis regarding demographics, employment, the residential real estate market, the retail real estate market, trends, and competition. e. Engagement I This section provides an overview of the process associated with soliciting public input and feedback regarding the current state and future of Downtown Des Plaines, including interviews, surveys, and two public workshops. f. Action Plan I The Action Plan incorporates recommendations from prior City planning documents as well as the proposed investment criteria, programming for Downtown events, and clarifying the City's role in investment. Specific recommendations are provided regarding non -site -specific strategies & improvements which may work toward revitalization of the Downtown. g. Incentives I This section includes a summary of the City's current Business Assistance Grant Program with recommendations for formalizing and marketing a fourth category of investment for projects exceeding $1 million in new investment as well as refining existing programs for marketing directly toward restaurants h. Opportunity Sites I The Opportunity Sites section includes a summary of recent and proposed development projects throughout the downtown as well as scenarios for development and redevelopment of five specific sites. The evaluation summarizes potential likely redevelopment prototypes and scores each alternative in accordance with the evaluation criteria. i. Closing I This section includes recommendations for implementation including timeframes for the various components of the re:DDP plan over a 10-year to 15-year time horizon. j. Appendix I The Appendix includes a summary & instructions for use of the Evaluation Criteria work sheet for application to future proposals requesting public investment in Downtown Des Plaines. Scott Goldstein, a representative from Teska Associates representative gave a brief summary of the Downtown Economic Development Strategic Plan. Moved by Sayad, seconded by Lysakowski, to Approve Resolution R-52-25, A RESOLUTION APPROVING THE RE:DDP ECONOMIC DEVELOPMENT STRATEGY FOR DOWNTOWN DES PLAINES. Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Page 11 of 14 3/3/2025 CONSIDER Director of Community and Economic Development Rogers reviewed a memorandum dated APPROVING A COND February 20, 2025. USE PERMIT AND MAJ VAR TO ALLOW AN The petitioner requests the following: (i) a conditional use to allow an electronic message ELEC MESSAGE board (EMB) sign in the C-1 Neighborhood Shopping district; and (ii) a major variation to BOARD AT 600 E. permit an EMB sign to be located less than 250 feet from a residential dwelling in the R-1 ALGONOUIN RD Single Family Residential, R-2 Two Family Residential, and R-3 Townhouse Residential Ordinance districts. Z-6-25 The petitioner requests installing an Electronic Message Board (EMB) sign in a new monument sign on the subject property to advertise cleanup events, recycling reminders, community programs, and other environmental initiatives for the non-profit organization. The petitioner proposes installing a single -sided monument EMB sign facing the southwest at the Algonquin Road/Wolf Road intersection at an angle as illustrated in the Site Plan. The Landscape Plan illustrates the anticipated location of the proposed EMB sign from the public walkway at the street intersection, nearest property lines, and existing building. The EMB sign will be located less than 250 feet from residential dwellings, requiring a major variation. The proposed EMB monument sign will be setback only 56 feet and 134 feet from R-1-zoned residences to the north and east, respectively, which is less than minimum EMB setback of 250 feet required. This proposal results in a major variation request for a 194-foot- or 78- percent-reduction in the setback from a R-1-zoned residence to the north and a 116-foot- or 54- percent -reduction in the setback from a R-1-zoned residence to the east. Consideration of Alternatives There are alternatives available that do not require the conditional use and variation application requested: • Static Monument Sign with Manual Changeable Copy: Allows the display of messages with individual letters and symbols without the additional cost, maintenance, and expertise associated with EMB's and adverse effects on surrounding properties. • Temporary Signs: To supplement an existing ground sign, a temporary sign can be installed up to four times a year for 60 days at a time to advertise for a special event or initiative. EMB's, or digital signs, are newer technology with increased flexibility and customization. However, there are also disadvantages with digital signs. Other Considerations In its review of this request, the Council may also consider the following: • 2019 Comprehensive Plan: This plan provides general goals and strategies for the implementation of gateway and wayfinding signs throughout the City, especially in the downtown area and specific significant street corridors, to promote uniform identity and reduce visual clutter through sign regulation. It does not, however, promote or seek to increase the installation and use of EMBs or other signs that could visually clutter along corridors for private property. As a result, the proposal would not align with a specific goal or strategy of the City's 2019 Comprehensive Plan. • City's Zoning Ordinance: Chapter 11 of the Zoning Ordinance provides comprehensive regulations of signs in the City to: o Preserve noncommercial character of residential neighborhoods; o Provide reasonable yet appropriate conditions for identifying businesses and services rendered in commercial, institutional and industrial areas; o Reduce traffic hazards by restricting signs and lights which exceed a viewer's capacity to receive information, or which increases the potential for Page 12 of 14 3/3/2025 accidents created by signage which distracts or obstructs a viewer's vision; and o Protecting the health, safety and general welfare of the residents of the City. Future Site Users: While the EMB is proposed for utilization by a nonprofit organization at this time, the Council may consider if this type of sign would be feasible or appropriate for a future user in the C-1 district. The PZB voted 5-0 to recommend that City Council approve the conditional use and major variation requests with the staff recommended conditions. If the City Council decides to approve these requests, staff and the PZB recommend the following conditions: 1. The entire monument sign, excluding the digital sign portion and associated electrical components, shall be constructed of 100 percent masonry materials. The sign base must extend the entire width of the sign and also be constructed of masonry materials. 2. A minimum three -foot -wide landscape bed is required to be installed and maintained around the entire sign base. The landscape bed shall be improved with evergreen bushes not less than three feet in height on the rear and sides of the sign and shorter shrubs and perennials in front of the sign. 3. At time of the building permit process, the monument sign plans may be modified as necessary to comply with all local and state requirements, provided the total sign area, including the digital sign area, is not increased in size. Moved by Oskerka, seconded by Brookman, to Approve First Reading of Ordinance Z-6-25, AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT AND MAJOR VARIATION FROM SECTION 12-11-6.13 OF THE ZONING ORDINANCE TO ALLOW AN ELECTRONIC MESSAGE BOARD AT 600 E. ALGONQUIN ROAD, DES PLAINES, ILLINOIS (Case #25-006-CU-V). Upon voice vote, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Advanced to second reading by Oskerka, seconded by Sayad, to Adopt the Ordinance Z-6-25, AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT AND MAJOR VARIATION FROM SECTION 12-11-6.13 OF THE ZONING ORDINANCE TO ALLOW AN ELECTRONIC MESSAGE BOARD AT 600 E. ALGONQUIN ROAD, DES PLAINES, ILLINOIS (Case #25-006-CU-V). Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 0 - None Motion declared carried. LEGAL & LICENSING — Alderman Brookman, Chair Page 13 of 14 3/3/2025 CONSIDER City Manager Wisniewski reviewed a memorandum dated February 24, 2025. APPROVING AN AMENDED AND Onesti DPT, Inc. requests City Council consideration of an amended and restated lease RESTATED LEASE agreement for the operation of the Des Plaines Theatre. AGRMT BY AND BTW THE CITY OF DES The City entered into an agreement with Onesti Entertainment Corporation on May 20, 2019, PLAINES AND ONESTI via Resolution R-107-19, allowing Onesti Entertainment to operate at 1476, 1486, and 1486 DPT, INC. RE THE '/2. Miner Street. The original agreement established a term of five years beginning on the DES PLAINES Operational Date as defined in the contract, such term being initiated on October 31, 2021. THEATRE Resolution An initial amendment to the agreement was approved in 2022 via Resolution R-191-21 R-51-25 which assigned the original lease from Onesti Entertainment Corporation to Onesti DPT, Inc., a subsidiary special purpose entity. The amended and restated agreement currently proposed updates to various financial and contractual terms: a. Payments for real estate taxes owed from November 2021 through April 2022 in the amount of $63,242.81 would be waived in a manner similar to the rent waiver previously approved for this period; b. Payments for real estate taxes for the period of January 2025 through October 2026 would be increased from $10,083 per month to $15,500 per month. c. Rent payments for the period of January 2025 through December 2025 would be reduced from a range of $16,000418,000 per month to $2,000 per month. d. Rent payments for the period of January 2026 through October 2026 would be reduced from $18,000 per month to $4,000 per month. e. The amended agreement would remove renewal rights included under the original agreement. All other terms of the original agreement remain unchanged. John Maag stated he likes the theatre, but he is upset about the lowering of the rent to the stated amount. Gene Fregetto stated he is concerned about the transparency in the form of the net gain for the City or the net gain for the owner of the theatre. He stated since it seems the City is subsidizing the theatre to keep it open, then the residents need to know much and for how long. He also stated that the theatre is wonderful, but if the business model they are using is wrong, and the City is subsidizing, then the City should look at the business model to get it profitable. He said the City should call it as it is, a subsidy, rather than hiding it as a contract amendment. Donald Descamps asked if the City looked at the books of the theatre since the City is giving them money. Gene Fregetto stated the focus should be on the business model since the theatre should be profitable. He also stated when another public comments that asked about the income statement and balance sheet, he stated it is called commingling of funds. He stated with the commingling of funds when the City has have tax dollars put into a private business, those records become private become public documents because the City is subsidizing them and the citizens have a right to know the extent of their liability. Brian Kowalkowski stated that he likes the theatre despite the parking issues. He stated he would like to see a co-operator added to the next lease. ADJOURNMENT Page 14 of 14 3/3/2025 Moved by Charewicz, seconded by Walsten, to Approve Resolution R-51-25, A RESOLUTION APPROVING AN AMENDED AND RESTATED LEASE AGREEMENT BY AND BETWEEN THE CITY OF DES PLAINES AND ONESTI DPT, INC. REGARDING THE DES PLAINES THEATRE. Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Sayad, Brookman, Walsten, Smith, Charewicz NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Brookman, seconded by Charewicz, to adjourn the meeting. Upon voice vote, motion declared carried. The meeting adjourned at 9:32 p.m. (:;�� M. mcb� Je sic . Mastalski — CITY d ERK APPROVED BY ME 7th THIS DAY OF April 2025 Andrew Goczkowski, MAYOR