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05/21/2018CALL TO ORDER: MINUTES 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, MAY 21, 2018 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 21, 2018. ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Public Works and Engineering Oakley, Director of Community and Economic Development McMahon, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman. CLOSED SESSION: PRAYER AND PLEDGE: PRESENTATION: CITIZEN PARTICIPATION: Moved by Brookman, seconded by Sayad to enter into Closed Session to discuss Purchase or Lease of Property. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared unanimously carried. The City Council recessed at 6:00 p.m. The City Council re -convened at 7:01 pm. Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz. A quorum was present. The prayer was given by Arman Rahman of the Bahai Community, followed by the Pledge of Allegiance to the Flag of the United States of America. Andrea Biwer, Executive Director of the Des Plaines Chamber of Commerce, presented the Veterans' Back -to -Work Bootcamp program and invited all Veterans to apply on the Chamber website at dpchamber.com. Ms. Biwer thanked Rivers Casino and supporting sponsors for their contribution to this very successful program. Resident Warton Sinclair announced that on September 8, 2018 the Des Plaines Bike & Pedestrian Advisory Committee will hold a River Trail Ride beginning and ending at the Historic Methodist Campground. US Coast Guard Auxiliary representative Tim Darrey announced National Safe Boating Week is May 19-25, 2018. Page 2 of 14 05/21/18 CITY CLERK City Clerk Tsalapatanis announced that the Memorial Day Ceremony will begin ANNOUNCEMENTS: at 11:00 a.m. at Lake Park Memorial Pavilion. CONSENT AGENDA: INTERGOVTAL AGMT/MWRDGC/ ALLEY IMPROVEMENT: Resolution R-108-18 INTERGOVTAL AGMT/MWRDGC/ ALLEY IMPROVEMENT: Consent Agenda Resolution R-107-18 APPROVE BACKUP SERVER MAINT. AGMT/ SPEEDLINK: The City Clerk's Office will have summer hours beginning June 1, 2018. The Clerk's office will be open, 7:30 a.m. — 5:00 p.m. Moved by Robinson, seconded by Brookman, to establish the Consent Agenda. Motion declared carried. Moved by Brookman, seconded by Chester, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Minutes were approved; Ordinances Z-8-18, Z-9-18, Z-10-18; Resolutions R-107-18, R-108-18, R-109-18, R-110-18, R-111-18, R-112-18, R-117-18, R-118-18 were adopted. Alderman Brookman requested that this item be removed from the Consent Agenda to commend the Engineering Department on successfully receiving a grant to install a "Green Alley" constructed with Pervious Concrete. Moved by Brookman, seconded by Sayad to Approve Intergovernmental Agreement with the MWRDGC, 100 East Erie Street, Chicago, IL for the Design, Construction, Operation, and Maintenance of the Pervious Concrete Alley Improvement Project. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Brookman, seconded by Chester to recommend to adopt Resolution R-107-18, A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO REGARDING A PERVIOUS CONCRETE ALLEY IMPROVEMENT PROJECT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester to Approve Barracuda 995 Backup Server Maintenance Agreement with SpeedLink, 4039 Floramar Terrace, New Port Richey, FL in the Amount of $57,400.00. Budgeted Funds — IT/R&M Equipment; and further recommend to adopt Resolution R-108-18, A Consent Agenda Resolution R-108-18 AWARD BID/2018 CIP CONCRETE/ WHITELINE CONSTRUCTION: Consent Agenda Resolution R-109-18 PURCHASE TWO POLICE TRUCKS/CURRIE MOTORS: Consent Agenda Resolution R-110-18 REJECT STREET SWEEPING AND REBID: Consent Agenda Resolution R-111-18 APPROVE MEMBERSHIP RENEWAL/ NWMC: Consent Agenda Resolution R-112-18 SECOND READING/ ORD. Z-8-18/ Page 3 of 14 05/21/18 RESOLUTION APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH SPEEDLINK SOLUTIONS, INC. FOR BACKUP SERVER MAINTENANCE AND CLOUD STORAGE SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester to Award Bid for the 2018 Capital Improvement Program (CIP), Concrete Improvements — MFT 18 -00000 -01 -GM to Low Bidder Whiteline Construction, Inc., 4722 S. Spaulding Street, Chicago, IL in the Amount of $1,095,460. Budgeted Funds — Motor Fuel Tax, CDBG and Capital Projects Funds; and further recommend to adopt Resolution R-109-18, A RESOLUTION APPROVING AN AGREEMENT WITH WHITELINE CONSTRUCTION, INC., FOR 2018 CIP CONCRETE IMPROVEMENTS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester to Approve Purchase of Two (2) 2019 Ford F-350 Pick -Up Trucks Through the Suburban Purchasing Cooperative Contract #143 from Currie Motors, 9423 W. Lincoln Highway, Frankfort, IL in the Amount of $83,534. Budgeted Funds — Equipment Replacement Fund; and further recommend to adopt Resolution R-110-18, A RESOLUTION AUTHORIZING THE PURCHASE OF TWO FORD F-350 PICK-UP TRUCKS FROM CURRIE MOTORS OF FRANKFORT, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester to Reject All Bids Received for the Street Sweeping Pilot Program and Rebid Item at a Later Date; and further recommend to adopt Resolution R-111-18, A RESOLUTION REJECTING ALL BIDS FOR CONTRACTUAL STREET SWEEPING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester to Approve 2018-2019 Annual Membership Renewal to the Northwest Municipal Conference (NWMC) in the Amount of $25,528.00. Budgeted Funds — Elected Office; and further recommend to adopt Resolution R-112-18, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO RENEW MEMBERSHIP IN THE NORTHWEST MUNICIPAL CONFERENCE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester to Approve Second Reading - Ordinance Z-8-18, AN ORDINANCE APPROVING A LOCALIZED ALTERNATIVE SIGN REGULATIONS PLAN/CONDITIONAL USE (Cont.) 1750 ELMHURST RD: Consent Agenda Ordinance Z-8-18 SECOND READING/ ORD. Z-9-18/ 2700 S. RIVER RD: Consent Agenda Ordinance Z-9-18 SECOND READING/ ORD. Z-10-18/ TEXT AMENDMENT: Consent Agenda Ordinance Z-10-18 APPROVE MINUTES: Consent Agenda APPROVE CLOSED SESSION MINUTES: Consent Agenda APPROVE AGMT/ WRB, LLC/ FIRE DEPT: Consent Agenda Resolution R-117-18 Page 4 of 14 05/21/18 PERMIT FOR 1750 ELMHURST ROAD (CASE #18 -012 -CU). Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester to Approve Second Reading - Ordinance Z-9-18, AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 12-11-6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 2700 S. RIVER ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester to Approve Second Reading - Ordinance Z-10-18, AN ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE TO RECLASSIFY CERTAIN ASSEMBLY USES, ADD ARTISANAL RETAIL ESTABLISHMENTS, RECLASSIFY AND ADD CERTAIN ASSEMBLY USES, RECLASSIFY CERTAIN PARKING REQUIREMENTS FOR ASSEMBLY USES, AMEND TERM OF COMMERCIAL INDOOR RECREATION AND ADD TERMS AND DEFINITIONS FOR ARTISANAL RETAIL ESTABLISHMENTS, RESIDENTIALLY AND COMMERCIALLY ZONED ASSEMBLY USES, AND COMMERCIAL THEATRE AND BUILDING COVERAGE (CASE #18 -019 -TA). Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to approve the Minutes of the City Council of May 7, 2018, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester, to approve the Minutes of the Closed Session of the City Council of May 7, 2018, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Chester to Approve Agreement with WRB, LLC for Organizational Analysis of Fire Department in the Amount of $139,836.00; and further recommend to adopt Resolution R-117-18, A RESOLUTION APPROVING AN AGREEMENT WITH WRB, LLC FOR AN ORGANIZATIONAL ANALYSIS OF THE FIRE DEPARTMENT. Motion declared carried as approved unanimously under Consent Agenda. APPROVE REDEVELOPMENT AGMT WITH RIVERS CASINO FOR DESPLAINES THEATRE: Consent Agenda Resolution R-118-18 WARRANT REGISTER: INCREASE BUSINESS ASSISTANCE GRANT PROGRAM: Page 5 of 14 05/21/18 Alderman Sayad requested that this item be removed from the Consent Agenda. Alderman Sayad will be voting no based on the feedback from the residents of the 4th Ward. Moved by Charewicz, seconded by Brookman Approve Redevelopment Reimbursement Agreement Between the City of Des Plaines and Rivers Casino for the Acquisition and Renovation of The Des Plaines Theatre; and further recommend to adopt Resolution R-118-18, A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A REDEVELOPMENT REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND MIDWEST GAMING & ENTERTAINMENT, LLC REGARDING ACQUISITION AND RENOVATION OF THE DES PLAINES THEATRE. Motion declared carried as approved unanimously under Consent Agenda. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Brookman, Smith, Charewicz NAYS: 1-Sayad ABSENT: 0 -None Motion declared carried. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Charewicz, Chair Alderman Charewicz presented the Warrant Register for consideration. Staff answered questions from the Aldermen. Moved by Rodd, seconded by Brookman, to recommend to the City Council approval of the May 21, 2018 — Warrant Register in the Amount of $6,384,539.80 and further recommend that Resolution R-113-18 be adopted at appropriate time this evening. *Alderman Sayad recommended approval of the items on the Warrant Register excluding all Holland & Knight invoices because he feels that the city can save money. Upon voice vote, motion declared carried. Alderman Sayad directed staff to research the possibility of starting a program to help with backyard flooding. COMMUNITY DEVELOPMENT — Alderman Sayad, Chair Director of Community and Economic Development McMahon reviewed a memorandum dated April 30, 2018. The City -Wide Business Assistance Program has awarded $144,388.75 in the 2018 Budget Year. In addition, there are Business Assistance Program grants (Cont.) MAJOR VARIATION/ VIA ROMA: Page 6 of 14 05/21/18 awarded in 2017 that will be reimbursed in 2018 due to their individual project timelines. With all of the 2017 and 2018 City-wide Business Assistance Program awards, the City will have awarded $176,738.50 leveraging $639,078 in total investment payable in 2018. As such, the Community and Economic Development Department requested City Council approval to transfer $150,000 from the General Fund Contingency to CED budget line item 6601: Subsidy — Business Assistance and approve Resolution R-114-18. Moved by Charewicz, seconded by Robinson to Approve Increasing Business Assistance Grant Program Budget by $150,000; and further recommend that Resolution R-114-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. Director of Community and Economic Development McMahon reviewed a memorandum dated May 9, 2018. The petitioner, Lisa Leslie, requested a Major Variation under Section 12-9-7 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to reduce the required number of off-street parking spaces from 16 to seven for a Class A Restaurant in the C-3 General Commercial District at 464 E. Northwest Highway. The petitioner and her husband own Via Roma restaurant, which is currently located in downtown Des Plaines at 686 Lee Street. They plan to relocate the restaurant to 464 E. Northwest Highway as a result of a developer purchasing the current building and planning to tear it down. Class A restaurants require one parking space for every four seats, plus one parking space for every three employees. The proposed restaurant will have 54 seats, which requires 13 parking spaces. There will be seven employees during the busiest shifts, which requires an additional three parking spaces, for a total of 16 parking spaces needed on-site. To off -set the shortage of on-site parking spaces, the petitioner has entered into a lease agreement for nine parking spaces at the Roman Baptist Church of Metropolitan Chicago, which is located next door. These nine parking spaces are located in the parking lot that is directly north of the proposed restaurant. The Planning and Zoning Board recommended (7-0) that the City Council approve the Major Variation, subject to the following condition: • The parking lease agreement for nine parking spaces with the Romanian Baptist Church of Metropolitan Chicago be maintained as long as the restaurant is in operation. Staff recommended approval of Ordinance Z-14-18 granting a Major Variation to reduce the required number of off-street parking spaces from 16 to seven, subject to the condition listed above. Moved by Smith, seconded by Lysakowski to Approve a Major Variation for Parking at 464 E. Northwest Highway (Case #18-028-V, 7th Ward); and further Page 7 of 14 05/21/18 recommend that Ordinance Z-14-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. BUSINESS Director of Community and Economic Development McMahon reviewed a ASSISTANCE/ memorandum dated April 30, 2018. 464 E. NORTHWEST Lisa Leslie and Alessandro Forti from Via Roma Inc. have filed a business HWY/ assistance application requesting $50,000 under the Interior Build -Out, Facade, VIA ROMA: Awning and Outside Seating programs to construct a sit-down restaurant. The applicant is also requesting an exception to the Interior Build -Out amount to increase the maximum award amount from $15,000 to $32,062.50. The applicants currently operate their restaurant at 686 Lee Street, but they are proposing to move the restaurant to the building at 464 E. Northwest Hwy. The applicant will improve a vacant 1,800 space with a new commercial -grade kitchen, a walk-in cooler, both an indoor and outdoor seating area for patrons as well as other restaurant related fixtures. The estimated total to bring this 50 -year old building to modern standards is approximately $178,500. Despite the request to increase the Interior Build -Out request, the total Business Assistance Program remains as the maximum amount of $50,000. The applicant plans to open the new restaurant later in 2018. Staff recommended that the City Council adopt Resolution R-115-18 to approve the Business Assistance Program application with the requested waiver to exceed the maximum amount allowed under the Interior Build -Out Program. Moved by Smith, seconded by Brookman to Approve a Business Assistance Program Award to Via Roma in the Amount of $50,000 for New Location at 464 E. Northwest Highway; and further recommend that Resolution R115-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. MAJOR City Manager Mike Bartholomew explained the petitioner is requesting a Major VARIATION/ Variation to reduce the required off-street parking. Mr. Bartholomew clarified the OFF-STREET parking situation and introduced Dennis Thompson, Senior Owner and member PARKING/1425 of the Development Team for the 1425 Ellinwood Street project. ELLINWOOD STREET: Mr. Thompson explained the new development will consist of a seven -story, mixed-use development consisting of the following elements: 212 multi -family units above the first floor; approximately 10,100 square feet of ground -floor commercial retail space; and 409 covered, off-street parking spaces. The proposed project consists of several properties on Lee Street, Ellinwood Street and Graceland Avenue with a common project address of 1425 Ellinwood Street. The building will be improved with three parking structure entrances, one off of Lee Street and two off of Graceland Avenue, to assist with traffic circulation as Lee Street and Graceland Avenue are both one-way streets controlled by the Illinois Department of Transportation. As part of the development, there will be a reduction of curb cuts as compared to all of the current parcels. Currently, there (Cont.) CU SIGN PERMIT/ MAINE WEST HIGHSCHOOL/ 1755 S. WOLF RD: Page 8 of 14 05/21/18 are four curb cuts (two curb cuts for 651 Graceland and two for 665 Graceland) and the proposed project will contain three curb cuts onto the street system. Additionally, the applicant will construct an additional eight on -street parking spaces along the south curb line of Ellinwood Street. As a result there will be more on -street parking provided for the new retail compared to what currently exists. The Planning and Zoning Board recommended (5-1) that the City Council deny the Major Variation for Off -Street Parking and the Tentative Plat of Subdivision. Staff recommended approval of the two requests, i) a Major Variation to reduce the required off-street parking, under Section 12-9-7 of the 1998 City of Des Plaines Zoning Ordinance, as amended, and (ii) a Tentative Plat of Subdivision, under Section 13-2 of the Subdivision Regulations with several conditions: Mr. Thompson answered questions from the Aldermen. Chuck Miller of Alpine Camera expressed his displeasure that his business is being displaced. Business owners and others expressed their concern of the increased traffic on Lee Street and congestion in the area Several residents and Mexico Grocery Store owner spoke in favor of the development. Moved by Brookman, seconded by Robinson to Approve a Major Variation for Off -Street Parking and Tentative Plat of Subdivision for the Development at 1425 Ellinwood Street (Compasspoint Development, Case #18 -023 -V -SUB); and further recommend that Ordinance Z-11-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. Alderman Lysakowski and Sayad did not agree. Director of Community and Economic Development McMahon reviewed a memorandum dated April 30, 2018. The petitioner, Brian Kerner, requested a Conditional Use under Section 12-11-8 of the 1998 Des Plaines Zoning Ordinance, as amended, for a Localized Alternative Sign Regulation in order to allow for two (2) electronic message boards (EMB) in the R-1 Single -Family Residential District, with a requested exception from Section 12-11-6(B) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow an EMB to be located less than 250' from residences in the R-1 Single -Family Residential and R-3 Townhouse Residential Districts. The applicant, Brian Kerner of Dewberry Architects, has requested a Conditional Use Permit for a Localized Alternative Sign Regulation in order to install a new electronic message board (EMB) at Maine West High School. This new sign is proposed for the parking lot entrance off of Oakton Street, where an existing CLASS 6B TAX INCENTIVE/W DIAMOND GROUP/ 901 W OAKTON ST: Page 9 of 14 05/21/18 monument sign is located. The existing monument sign, as well as an additional monument sign to the east, will be removed. The nearly 75 -acre site has an existing EMB on S. Wolf Road, necessitating the need for a Localized Alternative Sign Regulation in order to have two EMBs on the site, as only one EMB is permitted per zoning lot. The proposed new EMB and existing EMB are approximately 1,400 feet from each other. An additional exception is requested as part of the Localized Alternative Sign Regulation in order to allow an EMB to be located closer than 250 feet from a residence in the R-1 Single -Family Residential District and R-3 Townhouse Residential District. The proposed new sign will be roughly 130 feet from the nearest residence (across the street on the north side of Oakton Street). The proposed new sign face is 5 feet in height and 8 feet wide, for a total of 40 square feet. The top half of the sign (2.5 feet in height by 5 feet in width; 20 square feet) will identify Maine West High School. The bottom portion of the sign will be a double-faced electronic message board, also to be 2.5 feet in height and 5 feet in width (20 square feet). The sign will be mounted between two brick columns and the entire structure will have a height of 9 feet. The sign is proposed to be at least 17 feet from the property line, the minimum required for the sign based on the height. It will be situated perpendicular to Oakton Street so that there is no direct glare into the residences across the street. The Planning and Zoning Board recommended (6-0) that the City Council approve the Conditional Use for a Localized Alternative Sign Regulation at 1755 S. Wolf Road, subject to the following condition: • Landscaping be provided at the base of the sign for at least 3 feet in each direction, per Section 12-11-4(G) of the Zoning Code. Staff recommended approval of Ordinance Z-12-18 granting a Conditional Use Permit for a Localized Alternative Sign Regulation at 1755 S. Wolf Road, subject to the condition listed above. Moved by Brookman, seconded by Chester to Approve a Conditional Use Permit for a Localized Alternative Sign Regulation at Maine West High School, 1755 S. Wolf Road, Des Plaines (Case #18 -024 -CU); and further recommend that Ordinance Z-12-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. Director of Community and Economic Development McMahon reviewed a memorandum dated March 27, 2018. Diamond Group, has filed an application requesting a City resolution in support of its Class 6B Tax Incentive application for the property at 901 W. Oakton Street based on substantial rehabilitation and with an exception to the Cook County Eligibility Criteria. In an attempt to retain over 350 manufacturing and office employees within the City of Des Plaines, City officials and W Diamond Group representatives (owners CU PERMIT/ CHILD CARE CENTER/ 88 N. BROADWAY ST: Page 10 of 14 05/21/18 of Hart Schaffner Marx) have worked for the past few months to assist this manufacturing company in finding a new location within City limits as they are leaving their current location at the end of August 2018. The Hart Schaffner Marx (HSM) brand, currently located at 1680 and 1700 Touhy Avenue, manufactures men's suits and has been in the City of Des Plaines for over 50 years. The company has been manufacturing men's suits in Cook County since 1887. W Diamond Group is proposing to occupy 100,000 square feet of the building located at 901 W. Oakton Street to continue manufacturing HSM suits in Des Plaines. However, this portion of the building does not fall under the Cook County 6b eligibility criteria. As such, the applicant will be asking Cook County to grant an exception to the Cook County 6b Ordinance and approve and consent to a full Cook County 6b Property Tax Incentive. Prior to applying for a 6b application at the County, the City of Des Plaines needs to approve and consent to the applicant's request through a Resolution. If approved by the County, the company will receive the full benefit of the incentive which will assess the property at 10% of market value for 10 years compared to the full 25%. The portion of 901 W. Oakton Street that the applicant will occupy has its own separate PIN so the incentive will only apply to this portion of the property. If the applicant obtains a 6b incentive, the building will be substantially rehabilitated, HSM will be retained as a Des Plaines -based business and over 350 manufacturing and office employees will be saved. Over 60 of HSM employees reside in the City of Des Plaines. The property owner and the tenant will invest $1,380,000 into this particular unit to help transition HSM to this location. Staff recommended that the City Council adopt Resolution R-116-18 to support and consent to the filing of a full Class 6b application for the property at 901 W. Oakton Street. Aldermen expressed their appreciation to staff for their diligence in finding an alternative location in Des Plaines to retain Hart Schaffner Marx. Moved by Charewicz, seconded by Robinson to Approve a Resolution in Support of a Class 6b Tax Incentive for W Diamond Group, 901 W. Oakton Street; and further recommend that Resolution R-116-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. Director of Community and Economic Development McMahon reviewed a memorandum dated April 30, 2018. The petitioner, Luna Park Daycare, is requesting a Conditional Use under Section 12-7-3(F)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Childcare Center in the C-3 General Commercial District. The approximately 11,650 square -foot, triangularly shaped lot has 163 feet of frontage on both Broadway Street and Golf Road. (Cont.) Page 11 of 14 05/21/18 The proposed plan of operation would allow a maximum of 43 children and 5 employees at the daycare. The floor plan identifies three areas for children: a 720 square -foot room for infants and toddlers, a 500 square -foot room for three -year- olds, and a 700 square -foot room for four -year-olds, for a total of 1,920 square feet of indoor activity area. This meets the 35 square feet of indoor activity area required per child per the Zoning Code as well as state statute. Additionally, office space, storage, and multiple bathrooms are proposed for the facility. There is an existing 1,200 square -foot outdoor play area for children in the southwest corner of the lot. No more than 16 children may use this area at any given time, as 75 square feet of outdoor space per child using the space is required. In 2013, the property received a Conditional Use for a different childcare center, Share Care Daycare (Case #13 -009 -CU; Ordinance Z-17-13). At that time, there was a building to the south of the subject building where the south parking lot is now located. That building was torn down. The current parking lot and play area are now located in its place. For financial reasons, the daycare never opened. The original daycare was allowed to have a maximum of 50 children and seven staff. The parking lot to the south has nine parking spaces of which one will be handicap parking. This results in only eight parking spaces; however, this is the exact number required per code, as one parking space is needed per every 15 children (the planned capacity is 43 children) and one per employee (five). The petitioner has requested a waiver for the traffic study requirement, which has been approved by the City's Public Works and Engineering Department. Staff would like to point out to the petitioner that a monument sign is required to be located at least 5' from the lot lines. No signage requests are to be approved as part of the Conditional Use application. The Planning and Zoning Board recommended (6-0) that the City Council approve the Conditional Use for a Childcare Center at 88 N. Broadway Street, subject to the following condition: • At all times, the proposed outdoor play area shall be fenced, and use of the outdoor play area shall be limited to not more than one child per 75 square feet of outdoor play area at any one time. Staff recommended that the City Council adopt Ordinance Z-13-18 granting a Conditional Use Permit for a Childcare Center at 88 N. Broadway Street. Mr. John Davos answered questions from the Aldermen. Moved by Smith, seconded by Chester to Approve a Conditional Use Permit for a Childcare Center at 88 N. Broadway Street, Des Plaines (Case #18 -021 -CU); and further recommend that Ordinance Z-13-18 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. Alderman Robinson did not agree. UNFINISHED BUSINESS: AWARD BID/2018 CIP STREET & UTILITY IMPROVEMENTS: Resolution R-103-18 NEW BUSINESS: WARRANT REGISTER: Resolution R-113-18 INCREASE BUSINESS ASSISTANCE GRANT PROGRAM: Resolution R-114-18 MAJOR VARIATION/ VIA ROMA: Page 12 of 14 05/21/18 MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION Westview Drive and Sprucewood Avenue were removed from the contract. Moved by Charewicz, seconded by Robinson to recommend to adopt Resolution R-103-18, AWARD BID FOR THE 2018 CAPITAL IMPROVEMENT PROGRAM (CIP) CONTRACT A — STREET & UTILITY IMPROVEMENTS PROJECT. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Charewicz, seconded by Chester, to concur with recommendation of Committee of the Whole to adopt Resolution R-113-18, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $6,384,539.80. * Alderman Sayad votes yes on the items on the Warrant Register excluding all Holland & Knight invoices because he feels that the city can save money. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, *Sayad, Brookman, Smith, Chester, Charewicz NAYS: 0 -None ABSENT: 0 -Brookman Motion declared carried. Moved by Sayad, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Resolution R-114-18, A RESOLUTION AUTHORIZING FUNDS FROM THE GENERAL FUND CONTINGENCY ACCOUNT TO BE TRANSFERRED TO THE COMMUNITY AND ECONOMIC DEVELOPMENT BUDGET LINE ITEM 6601: SUBSIDY — BUSINESS ASSISTANCE. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Ordinance Z-14-18, AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 12-9-7 OF THE Ordinance Z-14-18 BUSINESS ASSISTANCE PROGRAM/ 464 EAST NORTHWEST HWY: Resolution R-115-18 MAJOR VARIATION/ OFF-STREET PARKING/ 1425 ELLINWOOD STREET: Ordinance Z-11-18 CU PERMIT/SIGN/ 1755 S. WOLF ROAD: Ordinance Z-12-18 Page 13 of 14 05/21/18 CITY OF DES PLAINES ZONING ORDINANCE AT 464 E. NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS. Upon voice vote, the motion was unanimously carried. Moved by Sayad, seconded by Charewicz, to Advance to Second Reading and to adopt Ordinance Z-14-18, AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 12-9-7 OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 464 E. NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Sayad, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Resolution R-115-18, A RESOLUTION APPROVING BUSINESS ASSISTANCE PROGRAM GRANTS FOR INTERIOR BUILD -OUT, FACADE, AWNING, AND OUTSIDE SEATING IMPROVEMENTS AT 464 EAST NORTHWEST HIGHWAY. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Rodd, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Ordinance Z-11-18, AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 12-9-7 OF THE CITY OF DES PLAINES ZONING ORDINANCE AND A TENTATIVE PLAT OF SUBDIVISION AT 1411, 1415, 1425 ELLINWOOD. Upon voice vote, the vote was: AYES: 6 -Robinson, Rodd, Brookman Chester, Smith, Charewicz NAYS: 2-Lysakowski, Sayad ABSENT: 0 -None Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Ordinance Z-12-18, AN ORDNANCE APPROVING A LOCALIZED ALTERNATIVE SIGN REGULATION PLAN/CONDITIONAL USE PERMIT FOR 1755 S. WOLF ROAD. Upon voice vote, the motion was unanimously carried. Moved by Sayad, seconded by Rodd, to Advance to Second Reading and to adopt Ordinance Z-12-18, AN ORDINANCE APPROVING A LOCALIZED CLASS 6B / 901 W. OAKTON: Resolution R-116-18 CU PERMT/ CHILD CARE CENTER/ 88 BROADWAY ST: Ordinance Z-13-18 ADJOURNMENT: Page 14 of 14 05/21/18 ALTERNATIVE SIGN REGULATION PLAN/CONDITIONAL USE PERMIT FOR 1755 S. WOLF ROAD. Upon roll vote, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-116-18, A RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 901 W. OAKTON STREET. Upon voice vote, the motion was unanimously carried. Moved by Sayad, seconded by Lysakowski, to concur with recommendation of Committee of the Whole to adopt Ordinance Z-13-18, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A CHILD CARE CENTER IN THE C-3 ZONING DISTRICT AT 88 N. BROADWAY STREET, DES PLAINES, ILLINOIS. Upon voice vote, the vote was: AYES: 7-Lysakowski, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 1 -Robinson ABSENT: 0 -None Motion declared carried. Moved by Chester, seconded by Sayad, to adjourn the meeting. Motion declared carried. The meeting adjourned at 10:03 p.m. ifer . Tsalapatanis — CITY CLERK