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Council Minutes 03-17-2025MINUTES 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 17, 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 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 17, 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 Charewicz, to convene into Closed Session under the following sections of the Open Meetings Act — Probable or Imminent Litigation, Pending Litigation, Personnel, and Semi -Annual Review of Closed Session Meeting Minutes. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz [MAYS: 0 - None ABSENT: 1 - Brookman Motion declared unanimously carried. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:03 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 Mayor Goczkowski. PUBLIC COMMENT Resident Gloria Ludwig mentioned early voting. City Clerk Mastalski made a public comment regarding the misappropriation of funds by the City in connection to Northwest Municipal Federal Credit Union. She stated that for years the city was funding the payroll of Northwest Municipal Federal Credit Union in an amount that surpassed $1.5 million. She stated that the City claims the credit union reimbursed the city, but bank statements and copies of cleared checks were never provided by the City. City Clerk Mastalski stated the City filed W2s for these employees listing the City as the employer with the City's EIN, and they were included in the compensation summary on the annual Des Plaines treasurer's reports filed with Cook County. She indicated these employees also received city paystubs, utilized city timecards, utilized city HR services, were issued city key cards, and were issued city employee IDs. City Clerk Mastalski stated that according to the City, the City and the credit union are two separate entities, and that the City does not have a contract with the credit union. She mentioned the credit union is not open to the residents of Des Plaines, but it is open to other cities, park districts, and organizations. Page 2 of 19 3/17/2025 City Clerk Mastalski also stated that the City confirmed the expenditure of such funds were never approved by a City Council, and that an agreement was never approved by a City Council. She stated that there needs to be a rectification with the IRS, Illinois Department of Revenue, and Cook County; and stated there should be an investigation into the employees who authorized the release of taxpayer funds without mandatory City Council approval. She gave an example that these actions are as if an employee paid their mortgage with City funds, and, as claimed, paid it back. City Clerk Mastalski stated that the credit union is using space in city hall without a lease which is a liability to the City, and the credit union is not paying rent. City Clerk Mastalski stated these funds never should have been used, and that it is disappointing the City is not taking such matters seriously. Mayor Goczkowski thanked City Clerk Mastalski for her comments, and that the City will refer to the City Manager and have her report out at a later meeting. Gloria Ludwig inquired to City Clerk Mastalski regarding her comment. Mayor Goczkowski cut off Gloria stating he did not want back and forth conversation. Gloria Ludwig mentioned the Youth Commission Fun Fair. ALDERMAN Alderman Charewicz thanked Galaxy Hot Pot & Grill for the ribbon cutting. He mentioned ANNOUNCEMENTS on March 22°d Go Green Des Plaines has a Forest Regeneration Project and is looking for volunteers. He mentioned the 8' ward votes at Prairie Lakes. He also stated there will be an 8d' ward meeting on April Is' at 7:00 p.m. at the conservatory. Alderman Sayad said Happy Saint Patrick's Day to everyone. He also stated he will be hosting a ward meeting on April 24' at 7:00 p.m. at the Golf Road Baptist Church. He mentioned the Fun Fair was a great event. Alderman Brookman encouraged everyone in the City to come out and vote. MAYORAL Mayor Goczkowski stated early voting started today at the Des Plaines Library, and that it ANNOUNCEMENTS runs March 17t1i-April 1'. He stated on April I" residents will have to go to their polling place which can be found online at cookcountyclerkil.gov. CITY CLERK City Clerk Mastalski stated that early voting started today and runs through March 31 S`. She ANNOUNCEMENTS also stated election day is April 1 S'. CONSENT AGENDA Moved by Brookman, seconded by Oskerka, to Establish the Consent Agenda. 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. 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 19 3/17/2025 Appointment was approved; License rescind was approved; Minutes were approved; Ordinance M-6-24, M-7-25 were approved; Resolutions R-47-25, R-53-25, R-54-25, R-55-25, R-56-25, R-62-25, R-63-25 were adopted. AMEND CITY CODE/ Moved by Brookman, seconded by Oskerka, to Approve First Reading of Ordinance ADD CL E LIO LIC M-6-25, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "E" Consent Agenda LIQUOR LICENSE. Motion declared carried as approved unanimously under Consent Agenda. Ordinance M-6-25 AMEND CH 2 TITLE 9/ Moved by Brookman, seconded by Oskerka, to Approve First Reading of Ordinance CITY CODE/ SEWER M-7-25, AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 9 OF THE CITY CODE SYS REG REGARDING SEWER SYSTEM REGULATIONS. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. Ordinance M-7-25 EXPEND FUNDS/ EMERG WTR & REP SVC/ TO 8/ BERGER Resolution R-47-25 APPROVE AGRMT/ CONSULT SVCS/ LPL Consent Agenda Resolution R-53-25 APPROVE AGRMT RENEWAL/ NW COMM Consent Agenda Resolution R-54-25 Moved by Brookman, seconded by Oskerka, to Approve Resolution R-47-25, A RESOLUTION RATIFYING THE EXPENDITURE OF FUNDS FOR EMERGENCY WATER AND SEWER REPAIR SERVICES AND APPROVING TASK ORDER NO. 8 WITH BERGER EXCAVATING CONTRACTORS, INC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Oskerka, to Approve Resolution R-53-25, A RESOLUTION APPROVING AN AGREEMENT WITH LPL FINANCIAL LLC, DB/A THE 457 CONUSLTING GROUP, FOR DEFERRED COMPENSATION INVESTMENT MANAGEMENT CONSULTING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Oskerka, to Approve Resolution R-54-25, A RESOLUTION APPROVING A SECOND RENEWAL OF THE AGREEMENT BETWEEN THE CITY OF DES PLAINES AND NORTHWEST COMMUNITY HEALTHCARE. Motion declared carried as approved unanimously under Consent Agenda. APPROVE TO 1/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-55-25, A CONSTR ENG & INSP RESOLUTION APPROVING TASK ORDER NO. 1 WITH SPACECO, INC. FOR SVCS/ SPACECO CONSTRUCTION ENGINEERING AND INSPECTION SERVICES. Motion declared Consent Agenda carried as approved unanimously under Consent Agenda. Resolution R-55-25 APPROVE AGRMT/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-56-25, A TEMP STAFF SVCS/ RESOLUTION APPROVING AN AGREEMENT WITH MGT IMPACT SOLUTIONS, MGT IMPACT SOL LLC FOR TEMPORARY STAFFING SERVICES. Motion declared carried as approved Consent Agenda unanimously under Consent Agenda. Resolution R-56-25 Page 4 of 19 3/17/2025 APPROVE AGRMT & Moved by Brookman, seconded by Oskerka, to Approve Resolution R-62-25, A AUTH PAYMENT/ RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH AT&T RELOCATE UTILITIES/ INCORPORATED AND AUTHORIZING PAYMENT FOR THE RELOCATION OF AT&T UTILITIES RELATED TO THE CIVIC CENTER PARKING DECK PROJECT. Motion Consent Agenda declared carried as approved unanimously under Consent Agenda. Resolution R-62-25 APPROVE AGRMT/ Moved by Brookman, seconded by Oskerka, to Approve Resolution R-63-25, A AIRBORBE CHEM RESOLUTION APPROVING AN AGREEMENT WITH THE VILLAGE OF MOUNT ASSESS/ MT PROSPECT PROSPECT TO SHARE COSTS FOR AIRBORNE CHEMICAL ASSESSMENTS. Motion Consent Agenda declared carried as approved unanimously under Consent Agenda. Resolution R-63-25 APPROVE Moved by Brookman, seconded by Oskerka, to APPROVE THE MARCH 3, 2025 APPOINTMENT APPOINTMENT OF ARTUR ZADROZNY TO THE PLANNING & ZONING BOARD, TERM TO EXPIRE 3/17/2028. Motion declared carried as approved unanimously under Consent Agenda. APPROVE RESCIND Moved by Brookman, seconded by Oskerka, to APPROVE A REQUEST TO RESCIND REO/ CL M LIO LIC/ THE FEBRUARY 18, 2025 CITY COUNCIL APPROVAL OF A CHANGE IN 2000 MANNHEIN GAS OWNERSHIP FOR A LIQUOR LICENSE FROM MALAXMI, INC. DB/A DESPLAINES MOBILE TO 2000 MANNHEIM GAS, INC. Motion declared carried as approved unanimously under Consent Agenda. APPROVE MINUTES Consent Agenda UNFINISHED BUSINESS CONSIDER A PLAT OF VAC & ASSOC DEVELOP AGRMT AT 760 LEE ST Ordinance Z-2-25 CONSIDER AMENDING ARTICLE B OF CHAPTER 7 OF _TITLE I OF THE CITY CODE Ordinance M-5-25 Moved by Brookman, seconded by Oskerka, to Approve the Minutes of the Special City Council meeting of February 10, 2025, as published. Motion declared carried as approved unanimously under Consent Agenda. Mayor Goczkowski stated the application has been withdrawn by the applicant, so the item will not be considered this evening. Mayor Goczkowski requested the item be deferred to the end of the meeting. Moved by Moylan, seconded by Oskerka, to defer the Ordinance M-5-25 to the end of the meeting. Upon voice vote, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz NAYS: 1 - Brookman ABSENT: 0 - None Motion declared carried. NEW BUSINESS FINANCE & ADMINISTRATION — Alderman Sayad, Chair Page 5 of 19 3/17/2025 WARRANT Alderman Sayad presented the Warrant Register. REGISTER Resolution Alderman Sayad stated the balance of the General Fund as of January 31, 2025 is R-57-25 $12,453,136.00. Moved by Sayad, seconded by Smith, to Approve the Warrant Register of March 17, 2025, in the Amount of $3,682,681.02 and Approve Resolution R-57-25. 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. COMMUNITY DEVELOPMENT — Alderman Moylan, Chair CONSIDER Director of Community and Economic Development Rogers reviewed a memorandum dated APPROVING AN March 12, 2025. ECONOMIC INCENTIVE AND The applicants, Miner Street Station LLC and D-4 of Des Plaines LLC request City Council DEVELOP AGRMT BTW approval of a Resolution approving an economic incentive and development agreement THE CITY. MINER approving a low interest loan and business assistance grant to facilitate the redevelopment STREET STATION LLC, of the former Oliveti's restaurant property at 1575 Ellinwood Street into a new, mixed -use & D-4 OF DES PLAINES building comprised of approximately 13,600 square feet including a restaurant to be LLC FOR 1575 comprised of approximately 8,200 square feet. ELLINWOOD ST Resolution Miner Street Station LLC (as "Owner") and D-4 of Des Plaines LLC (as "Operator"), both R-58-25 represented by John O'Flaherty and Declan Stapleton, request City Council approval of a proposed redevelopment of the property at 1575 Ellinwood Street. The proposed development would include a new, two-story mixed -use residential & commercial building comprised of approximately 8,200 square feet of ground floor commercial restaurant space and 5,400 square feet of second floor area including three (3) multi -family residential apartments and storage spaces for the residential & commercial uses. As depicted in the proposed development plans, the proposed restaurant would include a full -service kitchen and bar with liquor service, a dining room, a banquet room, and new restrooms. Exclusive of land acquisition and demolition costs associated with the current improvements on the property which will be borne exclusively by the applicants, the applicants estimate the total project cost to slightly exceed $3,600,000. The proposed agreement would establish terms for a loan from the City of Des Plaines to the Owner and Operator in this amount at an annual rate of 3% for a term of 10 years. The agreement includes additional performance terms enforceable by the City as well as acknowledgements and specifications for disbursement, remedies, and conditions. The loan structure includes disbursement by the City of loan funds in increments into an escrow managed by a title company, with draw requests submitted by the Owner and Operator to the title company in increments commensurate with construction progress in the field as monitored and inspected through the building permit process for review and payment from escrow funds by the title company. The agreement includes forgiveness of one-third of the total loan disbursement amount, up to $1,200,000 at the time the final Certificate of Occupancy is issued for the restaurant. The agreement requires repayment of the remaining $2,400,000 at an annual interest rate of 3% over a 10-year term. Monthly payments will follow a 25-year amortization schedule, with a ballon payment for the remaining balance due within 30 days of the loan's maturity. Page 6 of 19 3/17/2025 The Owner and Operator offer the property and improvements as collateral to the City for the loan in the event of a default. Based upon analysis of sales of comparable commercial properties, the increasing value of the property and improvements throughout the construction process as disbursements are made from time -to -time in step with construction progress in the field and after completion is commensurate with comparable properties on the basis of combined land value per square foot and building value per square foot. The initial value of the property exceeds the value of the first disbursement. The value of the property and improvements increases resulting from the use of funds from the loan disbursements as the development progresses through the issuance of a certificate of occupancy. If the Owner and Operator default prior to occupancy, they forfeit their entire investment in the property which preceded the proposed agreement. Based upon analysis of proprietary sales tax and food & beverage tax revenues from comparable businesses with similar floor areas, the City anticipates a payback of the City's business assistance incentive of $1,200,000 within 10 years. The redevelopment of the subject property is identified within the City of Des Plaines re:DPP Economic Development Strategy as a project with negotiations already in progress at the time of adoption of the re:DDP strategic plan on March 3, 2025. The proposed development as currently presented is consistent with the development identified re:DDP strategic plan. Moved by Charewicz, seconded by Smith, to Approve Resolution R-58-25, A RESOLUTION APPROVING AN ECONOMIC INCENTIVE AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES, MINER STREET STATION LLC, AND D-4 OF DES PLAINES LLC FOR 1575 ELLINWOOD STREET. 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. *At the April 7, 2025 Regular Meeting of the City Council during Alderman Announcements, Alderman Brookman stated she was changing her vote for Resolution R-58-25 to NO. She stated her reason for the NO vote is that she is concerned over the $3.5 million unsecured loan at 3%, with 1/3 of the loan, $1.2 million, being given as soon as they get an occupancy permit. She expressed concern that the City is adding $3.5 million to a debt balance, and that the City did not go out for a Request for Proposal (RFP). As of April 7, 2025, the motion and vote are as follows: Moved by Charewicz, seconded by Smith, to Approve Resolution R-58-25, A RESOLUTION APPROVING AN ECONOMIC INCENTIVE AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES, MINER STREET STATION LLC, AND D-4 OF DES PLAINES LLC FOR 1575 ELLINWOOD STREET. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz NAYS: 1 - Brookman ABSENT: 0 - None Motion declared carried. Page 7 of 19 3/17/2025 CONSIDER Director of Community and Economic Development Rogers reviewed a memorandum dated REPEALING A PRIOR March 5, 2025. PUD AND APPROVING A COND USE PERMIT The petitioner requests approval of an Ordinance granting (i) a Conditional Use Permit for FOR A PUD INCLUD A a Preliminary & Final Planned Unit Development; (ii.) a Major Variation to allow loading COMBINED PREL AND spaces that open onto or face a public right-of-way; (iii.) a Major Variation to allow up to FINAL PUD PLAT, four ground signs instead of a maximum of up to three ground signs; (iv.) a Minor Variation ALONG WITH MAJ for fencing with a height of up to 10.0 feet instead of a maximum of 8.0 feet; and (v.) any VAR, AND A MIN VAR other exceptions, variations, waivers, and zoning relief as may be necessary. FOR 10 W. ALGONOUIN RD The petitioner is Legat Architects as agent for Vetter Commercial Manufacturing USA, LLC, Ordinance the property owner. The proposed improvements would be comprised of a new building Z-7-25 generally at the north end of the site to be comprised of approximately 158,000 square feet. The existing office buildings would remain vacant at this time except for a temporary occupancy of the north office building by the construction contractors as a site office for the duration of the construction activities on site. The site is comprised of two parcels together totaling approximately 17.84 acres. A consolidation of the two parcels into one lot will be required prior to approval of final engineering design and prior to issuance of permits for the project. The proposed building would be situated in an area of existing open space at the north end of the property and would add approximately 158,000 square feet of new floor area including new mechanical space, laboratory space, office space, and logistics space. Three existing buildings would remain. The floor area of the five -story west building, Building A, is approximately 22,350 square feet. The floor area of the two-story south building, Building B, is approximately 22,350 square feet. The floor area of the one-story east building, Building C, is approximately 46,620 square feet. The applicant proposes minor remodeling improvements to accommodate a temporary occupancy of a portion of Building A for the purpose of offices for the onsite construction management personnel. In conjunction with the PUD request, the applicant requests an exception to reduce the minimum parking requirement to one stall per employee plus one stall per visitor. The applicant proposes up to 72 employees plus up to 10 visitors during their busiest shift with 48 employees arriving at a 3 p.m. shift change for a total of 130 simultaneous individuals daily. The proposed site plan design would provide 318 parking stalls including both surface and underground parking, a reduction from the minimum required quantity of parking stalls of 17.5% If the exception is approved, the applicant will need to maintain compliance with this minimum parking ratio prior to occupying the existing buildings upon the property any new uses. Although land -banking of parking is not permissible in the M-3 District per Sec. 12-9- 10 of the Code, there remain areas of open space across the property which could be improved in the future to accommodate additional off-street parking should additional parking be required to allow a future use to occupy existing space on the subject property. A similar exception was included in the PUD Ordinance adopted in 2016 which has since expired. The subject property is currently accessible via two full access curb cuts including one unsignalized access to E. Algonquin Road at the southwest corner of the property and one signalized access to S. Mount Prospect Road. The proposed improvements would add one additional full access curb cut to S. Mount Prospect Road for visitors to the site at the northeast corner of the site. Page 8 of 19 3/17/2025 The applicant provided a traffic impact study. The study includes results from a traffic survey of existing conditions with the current building vacancies on the property and among other buildings in the vicinity in addition to projections of future traffic volumes assuming the proposed building improvements and occupancy of other buildings in the area. The proposed weekday morning peak hour of traffic is estimated to generate 65 inbound & 5 outbound traffic movements (approximately 1.2 vehicles per minute). The proposed weekday afternoon peak hour of traffic is estimated to generate 45 inbound and 65 outbound traffic movements (approximately 1.8 vehicles per minute). Most of these traffic movements would utilize the existing Algonquin Road access drive. Proposed logistics deliveries, refuse management, and other truck trips would primarily utilize the signalized access to S. Mount Prospect Road. Section 12-3-11 requires the facades of the office components of the new building to be comprised of a minimum of 20% window glass on all floors. Ground floor elevations must be comprised of face brick, stucco, metal, and/or concrete masonry units while upper floors may additionally feature painted or stained wood and/or exterior insulation and finishing systems (EIFS). Per Code, the subject property would be allowed up to three ground signs, one each along Algonquin Road and Mount Prospect Road and one at the intersection of the two roads. The applicant requests a major zoning variation to allow a total of four ground signs including one ground sign at each entrance to the property and one at the intersection of Algonquin Road and Mount Prospect Road. Additional wall signage is proposed which would comply with the design requirements of the Code. The applicant has provided a site photometric plan and catalog cuts of the proposed light fixtures. The proposed design features pole -mounted light fixtures with LED light elements at a height of 20.0 feet designed to direct light inward toward the perimeter circulation drive and building exterior. In the proposed locations, the light fixtures would not cast light beyond the lot lines and would be expected not to create glare visible from adjacent properties. The applicant proposes to retain the existing perimeter fencing which features a transparent design rather than an opaque design. The applicant has provided a tree survey identifying 96 existing trees that would be retained and 50 existing trees and stumps that would be removed. The proposed landscaping plan would introduce 261 new shrubs and 133 new trees including 39 new deciduous trees, 45 new evergreen trees, and 49 new "Techny" arborvitae. Section 12-10-11 of the Code requires screening of roof -top mechanical units and utility areas. The proposed design utilizes rooftop parapets to screen mechanical units from line - of -sight from adjacent properties and is intended to provide additional sound attenuation. Refuse management is proposed within two compactor units proposed within the two northernmost loading berths. In accordance with the requirements of Title 14 of the City Code and the Cook County Watershed Management Ordinance, the applicant is proposing the installation of two new underground vaults near the south end of the property to provide additional stormwater detention volume as required for the proposed scope of site modifications. The applicant requests several major zoning variations. The variation requests are summarized as follows: • Loading Berth Orientation - Per Code, loading berths are not permitted to be oriented toward the public right-of-way. The applicant proposes to orient the loading stalls for the proposed building at the southeast corner of the building facing the existing signalized intersection at S. Mount Prospect Road. The proposed location would be Page 9 of 19 3/17/2025 arguably less impactful than alternate locations along the west or north side of the building which abut existing residences. The applicant has not identified a future use of the proposed open space south of the proposed building, however relocation of loading berths to this side of the building may inhibit future opportunities for a building expansion in this direction. Perimeter Fence - Per Code, a solid privacy fence with a minimum height of 8.0 feet is required between the subject property and adjacent residential properties. During the consideration of the 2016 PUD request, the applicant proposed to retain the existing 8-foot transparent mesh perimeter fence. In response to results of a ballot sent to abutting properties after the Planning & Zoning Board's public hearing on January 14, 2025, the applicant has amended their original proposal to include a compliant solid fence. The applicant additionally proposes landscaping in a pattern of three rows with various spacings in the attempt to provide landscape buffer between the proposed perimeter circulation drive and the property line. In advance of the 2025-2026 winter season, the City's Public Works & Engineering Department will coordinate to ensure snow piling can be accommodated on the south side of the Kincaid Court right-of-way to ensure access to an existing driveway on the north side of the street near the fence. Fence Height The applicant proposes a second area of fencing along the northwest corner of the new building on top of a proposed retaining wall. This fencing would feature a transparent mesh style, but would be installed on top of a new retaining wall. The height of the fence on top of the wall would stand up to 10.0 feet in height from the lowest adjacent grade (east of the retaining wall). The petitioner requests consideration of the following items to facilitate the proposed development: 1. A Conditional Use for a Preliminary and Final Planned Unit Development (PUD) in the M-3 Special Manufacturing District; 2. A Major zoning variation for five (5) loading spaces that open onto or face a public right-of-way; 3. A Major zoning variation to allow up to four (4) ground signs instead of a maximum of up to three (3) ground signs; and 4. A Minor zoning variation for fencing with a height of up to 10.0 feet instead of a maximum of 8.0 feet. The requested PUD would include both the existing and proposed improvements, including previously approved relief from bulk regulations of the M-3 District to accommodate the height and other characteristics of the existing office buildings. The proposal includes a consolidation of two original unsubdivided parcels into one new lot of record. Public right-of-way was dedicated previously and various public improvements are existing along both E. Algonquin Road and S. Mount Prospect Road. In addition, the memo states required public improvements for this development will include new watermain through the site, new underground stormwater detention vaults, in addition to work within Cook County & IDOT rights -of -way. In addition, Section 13-3-2 of the Subdivision Ordinance discusses required improvements for subdivided properties and timelines for the improvements. The proposed requests for Preliminary & Final Planned Unit Development, the Major Variation, and a Minor Variation are the first of two phases of required entitlements. Page 10 of 19 3/17/2025 The Tentative & Final Plat of Subdivision needed to consolidate the existing parcels and memorialize new easements and a Conditional Use for a Localized Alternative Sign Regulation (LASR) to allow a custom signage plan for the property including more ground signs than would be permissible by right and any other wayfinding and wall signage would need to be finalized after the current requests are reviewed by City Council and prior to the approval of final plans and issuance of permits. After a Tentative Plat of Subdivision is approved by the Planning and Zoning Board, the next step is a Final Plat of Subdivision. A Final Plat of Subdivision must be submitted within 12 months of the approval of the Tentative Plat. If the Preliminary & Final PUD is recommended by PZB and approved by the City Council, the Final Plat of Subdivision will need to be submitted for review & approval prior to recording subsequent to the collection of required financial securities associated with the engineering improvements. With any subdivision, construction must commence on any required public improvements within one year. A financial security is collected by the City to guarantee improvements and released after inspection of completed improvements. An additional warranty security is collected by the City to ensure the public improvements will not require repair after installation, any funds from which that remain unused are returned after 18 months after completion of the project. The applicant has provided a Preliminary Construction Schedule which outlines their projected project schedule for construction of site & building improvements. The proposed construction would be initiated in 2025 and would continue for approximately 24 months into late 2027. The PZB voted to recommend approval of the applicant's request as amended by a 5-0-1 vote. The PZB voted to recommend the City Council to approve with modifications the applicant's requests for a Conditional Use Permit for a Preliminary & Final PUD, Major Variations and a Minor Variation including the following subject to the additional conditions as noted: A. Five (5) loading spaces shall be allowed to face a public right-of-way; B. Fencing near the northwest corner of the site abutting the circulation drive shall be allowed a height of up to 10.0 feet instead of a maximum height of 8.0 feet; and C. One (1) additional ground sign at the entrance to the site for a total of four (4) ground signs in excess of a maximum of three (3) permissible ground signs. Condition(s) of Approval: 1. Ordinance Z-9-69 shall be repealed and the previously approved bulk regulations and improvements authorized by Ordinance Z-9-69 shall be incorporated in the new PUD Ordinance, if applicable. 2. The applicant shall coordinate with adjacent property owners to determine neighbors' preference regarding whether an open or solid/opaque fence design shall be required for the proposed perimeter fence for the subject property. 3. At time of both Tentative & Final Plat of Subdivision, approval of utility easements by all privately owned utility companies shall be indicated via written correspondence or lettered on the final document. 4. Final signage shall be considered in accordance with a Conditional Use for a Localized Alternative Sign Regulation (LASR) Ordinance after all site signage has been finalized, if necessary. 5. The Petitioner must maintain the Property and operate the Proposed Use in compliance with the Performance Standards in Chapter 12 of Title 12 of the City Code, including, without limitation, light, odor, and noise. Upon the receipt of complaints regarding the operation of the Proposed Use, the City will investigate Page 11 of 19 3/17/2025 and apply the appropriate provisions, If City code enforcement staff observes or detects a violation of the Performance Standards ("Original Violation"), it will notify the Petitioner in writing and provide a 14-day period for compliance, which compliance must be verified at a follow-up inspection. If upon follow-up inspection the Original Violation is still observed and uncorrected, a citation will be issued to Petitioner, which may result in a fine in a final amount to be determined by the City's administrative hearing officer. Moved by Sayad, seconded by Charewicz, to Approve First Reading of Ordinance Z-7-25, AN ORDINANCE REPEALING A PRIOR PLANNED UNIT DEVELOPMENT AND APPROVING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT INCLUDING A COMBINED PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT PLAT, ALONG WITH MAJOR VARIATIONS, AND A MINOR VARIATION FOR 10 W. ALGONQUIN ROAD, DES PLAINES, ILLINOIS (CASE #24-063-PUD). Upon voice vote, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz NAYS: 1 - Brookman ABSENT: 0 - None Motion declared carried. CONSIDER SUPP & Director of Community and Economic Development Rogers reviewed a memorandum dated CONSENT TO March 5, 2025. APPROVAL OF A COOK COUNTY CL 6B REAL The applicant, Vetter Real Estate USA, LLC, requests City of Des Plaines support for their ESTATE INCENT application to Cook County or a Class 613 Real Estate Tax Incentive for a new development CLASS FOR VETTER on a portion of their property anticipated to include more than $163 million in new REAL ESTATE USA, investment. LLC AT PART OF THE PROP LOC AT 10 W. Moved by Charewicz, seconded by Smith, to Approve Resolution R-59-25, A ALGONQUIN RD RESOLUTION SUPPORTING AND CONSENTING TOAPPROVAL OF A COOK Resolution COUNTY CLASS 6B REAL ESTATE INCENTIVE CLASSIFICATION FOR VETTER R-59-25 REAL ESTATE USA, LLC AT PART OF THE PROPERTY LOCATED AT 10 W. ALGONQUIN ROAD. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Sayad, Walsten, Smith, Charewicz NAYS: 1 - Brookman ABSENT: 0 - None Motion declared carried. CONSIDER Director of Community and Economic Development Rogers reviewed a memorandum dated APPROVING COND USE March 6, 2025. PERMITS FOR TRADE CONTR USES AND MAJ The petitioners' original 2024 application —separate conditional uses for two trade VAR FOR OUTDOOR contractor uses in the C-3 General Commercial district —was heard at the June 11, 2024 PZB DISPLAY AND meeting and recommended for approval with the five staff conditions. However, when the STORAGE OF case was heard at the July 15, 2024 City Council meeting, various concerns were raised FINISHED PROD AT 965 related to screening of roofing materials on site and the condition of the pet clinic building AND 975 RAND RD at 965 Rand Road. Ordinance Z-8-25 The petitioners worked with staff to revise the Site and Landscape Plan accordingly to address Council's concerns. The case was deferred multiple times by Council and was later Page 12 of 19 3/17/2025 withdrawn by the petitioners, who were interested in pursuing a major variation related to the permitted outdoor location for the display and storage of finished products. The subject properties consist of two separate parcels —both located in the C-3 district — which are under common ownership. Trade contractor uses require a conditional use in the C-3 district. As such, the petitioners, Peter Wrzesinski of Advanced Roofing and Norma Diamano of Landscaping by AD INC, request conditional uses for two existing trade contractor businesses: one for Advanced Roofing and the other for Landscaping by AD INC. Currently, both uses operate out of the southernmost building located on 975 Rand Road. However, the Landscaping by AD INC business is interested in utilizing the property at 965 Rand Road for parking and storage of its vehicles. The conditional use requests are related to the existing trade contractor businesses operating in the southernmost building at 975 Rand Road. The Floor Plan designates the building areas devoted to each of the proposed uses as well as general areas for building operations. While there are no proposed changes to the existing building itself, there are proposed changes to the site, especially regarding designated parking and storage areas for each trade contractor business. The proposal does not include any changes to the exterior metal building fagade of the existing two-story building. There is currently one two-way travel access point from Rand Road for each of the subject properties, which will both be maintained as part of this proposal without any changes. Section 12-9-6 of the Zoning Ordinance requires drive aisles to be a minimum of 22 feet in width for two-way travel and a minimum of 12 feet in width for one-way travel. While the specific width of these curb cuts was not identified on the original Site and Landscape Plan, the petitioners, in collaboration with staff, have revised the Site and Landscape Plan to show the widths of both curb cuts. The 965 Rand Road curb cut meets this requirement with the removal of a single parking space. However, the 975 Rand Road curb cut is less than 22 feet in width requiring either: (i) a slight widening of this curb cut and drive aisle to allow for adequate two-way travel; or (ii) a change in the access of this curb cut to one-way travel. Given the multiple uses located on the 975 Rand Road property, the drive aisle should ideally be widened to provide another full access point on the subject properties. To this end, staff have added a condition that the 975 Rand Road curb cut and driveway shall either be widened to 22 feet in width in accordance with Section 12-9-6 of the Zoning Ordinance to accommodate two-way travel or shall be designated as a one-way with clear indication of the vehicular circulation throughout the entire property. Sections 12-9-7 and 12-9-8 of the Zoning Ordinance govern the number of offstreet standard and accessible parking spaces required based on the property uses. There are no minimum parking requirements for trade contractor uses. However, considerations shall be made based on the following: • The anticipated number of employees and members of the public that would visit the subject properties for the existing trade contractor uses. • The loss of off-street parking from the conversion of existing parking areas to private parking and storage for the trade contractor uses. • The minimum requirement of two parking spaces for each apartment unit totaling eight, including at least one accessible space. • The parking requirement for the future user of the vacant building at 965 Rand Road. Page 13 of 19 3/17/2025 Based on the Site and Landscape Plan, 16 parking spaces will be available on 965 Rand Road and 22 parking spaces —including one accessible space —will be available for 975 Rand Road totaling 38 off-street parking spaces between both properties. There is sufficient supply of parking spaces between the subject properties. In addition, the revised Site and Landscape Plan allocates the appropriate number of off-street parking spaces for each use as required by Section 12-9-7 of the Zoning Ordinance. To ensure these spaces remain available for the specific uses intended, staff have added a condition requiring the petitioner to add permanent, standard parking signs identifying the use in which the individual spaces are allocated and enforce the use of parking spaces on the subject properties at all times. Aerial photos and the Site and Context Photos indicate that both uses are currently storing a combination of vehicles, equipment, and products outside on both properties. In addition, shipping containers have been installed on the subject property for additional storage space outside of the existing building, which is not expressly allowed. However, the Zoning Ordinance does provide a specific consideration for trade contractor uses. Since the Advanced Roofing and Landscaping by AD businesses meet the definition of a trade contractor, Section 12-7-3.F.5.d provides both with allowances for outdoor display and storage of finished or prefabricated products (i.e., products ready for sale to an end user) with some restrictions: • Products may not be stored or displayed outdoors within any required yard (i.e., front, rear, or side yards). • Products must be fully screened with an eight -foot -tall, solid, opaque fence. • Raw or landscape materials, or materials utilized for the manufacturing, processing or assembly of products, are not permitted to be stored or displayed outdoors. • Products, either cumulatively or individually, and including the racks or structures used to display the products outdoors, may not exceed eight feet in height. • Products stored or displayed outdoors must be located on a paved, dust -free hard surface; provided, however, products and associated storage racks may not reduce, block, or otherwise interfere with parking lot drive aisles and off-street parking spaces. With these regulations in mind, staff have added a separate condition requiring compliance with all of the regulations in Section 12-7-3.F.5.d of the Zoning Ordinance, the replacement of the storage containers with an approved accessory structure, and the removal of any stored materials from a portion of the rear yard in an effort to alleviate concerns and complaints from the neighboring residents to the south. Please note that the petitioner representing the Advanced Roofing trade contractor use is proposing to display and store finished products in the required rear yard in violation of Section 12-7- 3.F.5.d(1) of the Zoning Ordinance, requiring a separate major variation request. The existing site contains some natural vegetation along its south boundary and minimal landscape improvements along the site's frontage. Given that the subject properties directly abut residential properties to the south, a landscape buffer is required in conformance with Section 12-10-9 in the Zoning Ordinance. A C-3-zoned property abutting a residential district or use must provide a minimum five -foot -wide landscape buffer containing shade trees planted every 30 feet, a solid eight -foot -tall fence, and turf or other ground cover along 100 percent of the property boundaries that abut the residential district. Since the original application, the petitioners have installed some landscape buffers along the front of the site on each property as shown in light green on the Site and Landscape Plan. However, staff have added a condition requiring all landscaping improvements to be installed in accordance with Chapter 10 Landscaping and Screening of the Zoning Ordinance. Page 14 of 19 3/17/2025 Trade contractor uses in the C-3 district have the ability to display and store finished products outside provided they comply with the regulations listed. The petitioner representing the Advanced Roofing trade contractor use has noted that they will comply with all requirements listed with the exception of the first regulation —prohibiting the display and storage of finished products in a required yard —resulting in a separate major variation request. The rear of the subject properties directly abuts an R-1 Single Family Residential district so the rear yard setback for the subject properties matches the required 25-foot rear yard setback for the R-1 district. As noted on the ALTA/NSPS Land Title Survey, the existing two-story commercial building at the rear of the subject properties is currently setback 23 to 24 feet, which given the required 25-foot-rear-yard, would prohibit the display and storage of finished products for the entire paved area located behind the existing commercial building. As such, the petitioner requests a major variation to allow this rear yard area to be utilized for the display and storage of finished products related to the Advanced Roofing business. In its review of this request, the PZB and City Council may consider: 1. The rationale behind the prohibition of this type of use in the rear yard, especially when abutting residential uses, to minimize the adverse effects on neighboring properties; 2. The installation of an eight -foot -tall solid fence along this rear property line and the displayed and stored products limited to eight feet in height, therefore addressing some of the concerns; and 3. The installation of additional landscaping along this area may be necessary to further reduce impacts on neighboring properties. Consideration of Alternatives - There are alternatives to the requested variation that would allow the Advanced Roofing business the ability to display and store finished products at 975 Rand Road while reducing adverse effects on neighboring residents: 1. Reconfigure Existing Outdoor Storage Area: A simpler and more cost-effective alternative is to redesign and shape the current outdoor storage area to fit within the buildable area of the lot while still providing room for customer viewing and retrieval of finished products for jobs. Even with the required screening requirements, this option could save some cost to the petitioner while still aligning with the location and screening requirements for outdoor display and storage of finished products. 2. Construct Up To Two Accessory Structures: Pursuant to Section 12-8- 1.0 of the Zoning Ordinance, each property is permitted up to two accessory structures, which can consist of either: (i) a single detached garage structure and one other accessory structure (e.g., sheds, gazebos, and pergolas); or (ii) two accessory structures without a detached garage as illustrated in the table. These structures would be allowed in the rear yard and could be utilized to address the petitioner's storage needs. 3. Construct a Building Addition: An addition to the existing commercial building could house the finished products for both display to customers and storage for jobs. While more costly this would negate the need for the requested variation. The PZB voted 5-0 to recommend that City Council approve the conditional use and major variation requests with the staff recommended conditions. Conditions of Approval: 1. Prior to obtaining a business registration from the City for Landscaping by AD, the curb cut and driveway at 975 Rand Road must either be widened to 22 feet in width, in accordance with Section 12- 9-6 of the Zoning Ordinance, to accommodate two- way travel or it must be designated as a one-way with clear signage indicating the vehicular circulation throughout the entire Subject Property. Page 15 of 19 3/17/2025 2. The Petitioners must restripe the parking areas on the Subject Property in accordance with the Site Plan. Standard parking signs must be installed identifying the use for which the spaces are allocated and enforcing the use of the correct parking spaces by each Proposed Use's employees and invitees on the Subject Property at all times. 3. Outdoor display and storage on the Subject Property must comply with all regulations set forth in Section 12-7-3.F.5.d of the Zoning Ordinance at all times, except for the Proposed Outdoor Display and Storage in the required rear yard of the property at 975 Rand Road as authorized by this Ordinance. Any products, materials, and items not classified as prefabricated or finished products must be stored inside the principal building or in an approved accessory structure on the Subject Property. 4. All shipping containers must be removed from the Subject Property prior to either of the Proposed Uses obtaining a business registration. All accessory structures must be constructed or installed pursuant to a building permit issued by the City. 5. Prior to obtaining a business registration from the City for the Landscaping by AD, all landscaping improvements must be installed in compliance with Chapter 10 Landscaping and Screening of the Zoning Ordinance. The landscape plan shall detail the location, design, and height of the required enclosure for dumpsters stored outside. 6. Waste, debris, and other garbage accumulated through off -site operations for both Proposed Uses must be completely discarded prior to returning to the Subject Properties each day. At no time may waste, debris, and garbage be left outside on the Subject Properties, except in designated dumpster containers. The attorney for the applicant and the applicant spoke on their own behalf. Michelle Anderson, the neighbor, spoke regarding the property section on the other side of the current fence line. Moved by Walsten, seconded by Brookman, to Approve First Reading of Ordinance Z-8-25, AN ORDINANCE APPROVING CONDITIONAL USE PERMITS FOR TRADE CONTRACTOR USES AND MAJOR VARIATION FOR OUTDOOR DISPLAY AND STORAGE OF FINISHED PRODUCTS AT 965 AND 975 RAND ROAD, DES PLAINES, ILLINOIS. (Case #25-003-CU-V). No Vote. Moved by Charewicz, seconded by Lysakowski, a substitute motion to maintain the current footprint of the fence, First Reading of Ordinance Z-8-25, AN ORDINANCE APPROVING CONDITIONAL USE PERMITS FOR TRADE CONTRACTOR USES AND MAJOR VARIATION FOR OUTDOOR DISPLAY AND STORAGE OF FINISHED PRODUCTS AT 965 AND 975 RAND ROAD, DES PLAINES, ILLINOIS. (Case #25-003-CU-V). No Vote. Alderman Charewicz withdrew the motion. Moved by Charewicz, seconded by Moylan, a substitute motion to preclude the enforcement of the rear fence requirement for a period of a year and the rest will be left unchanged, First Reading of Ordinance Z-8-25, AN ORDINANCE APPROVING CONDITIONAL USE PERMITS FOR TRADE CONTRACTOR USES AND MAJOR VARIATION FOR OUTDOOR DISPLAY AND STORAGE OF FINISHED PRODUCTS AT 965 AND 975 RAND ROAD, DES PLAINES, ILLINOIS. (Case #25-003-CU-V). Upon roll call, the vote was: AYES: 5 - Lysakowski, Moylan, Sayad, Smith, Charewicz NAYS: 3 - Oskerka, Brookman, Walsten ABSENT: 0 - None Motion declared carried. Page 16 of 19 3/17/2025 CONSIDER Chairman Moylan stated due to the applicant's request, he asked that Resolution R-60-25 be APPROVING A BUS moved to the 4/7/25 City Council meeting. ASSIST GRANT (GROWTH) FOR Mayor Goczkowski addressed the request. CHARCOAL DELIGHTS AT 1090 Without objection, Resolution R-60-25 was deferred to the 4/7/25 City Council meeting. E OAKTON ST Resolution R-60-25 CON_ Director of Community and Economic Development Rogers reviewed a memorandum dated APPROVING A BUS February 27, 2025. ASSIST GRANT (GROWTH) FOR The new owner of the existing multi -tenant shopping center at 1167-1173 Elmhurst Rd is RAWAT PLAZA AT looking to enhance the property's presentation and appeal by investing in a favade 1167-1173 ELIVIHURST improvement project, parking lot reconstruction, and new wall & monument signage. To RD help supplement the cost of this project, the applicant is requesting a $41,063 GROWTH Resolution Business Assistance Grant (BAG) including a waiver from the program requirements to R-61-25 include estimated costs for all wall signage among eligible expenses. The applicant Hukum Rawat, current owner of Rasoi Restaurant and new owner of Rawat Plaza at 1167-1173 Elmhurst Rd is asking the City Council to approve a GROWTH grant — provided as a lump sum reimbursement after the completion of improvements at his property. As listed in the proposed budget, the applicant is seeking support for a fagade improvement project ($57,000), new HVAC unit ($22,000), parking lot reconstruction, and paving ($43,000), new wall signage ($3,500), and new monument signage ($23,000). The total eligible costs for this project in accordance with the GROWTH grant are $148,500. The grant amount in accordance with these eligible expenses would be $41,063. The applicant is requesting consideration from the City Council for a waiver from the program requirements to allow all wall signage for the eligible retail and food & beverage tax generating uses plus wall signage for the non -retail tenants to be replaced together as eligible expenditures. The proposed improvements will require removal & replacement of all existing wall signs. If the waiver is approved, the total eligible costs for this project would increase to $159,000 and the grant amount would increase to $42,375, an increase of $1,312 The applicant has owned the restaurant at this location since 2019 and purchased the property in 2024. He is seeking this grant with the intended goal of helping to beautify the business landscape on Elmhurst Road, expand his client base, and provide an attractive retail center for future tenants. Moved by Charewicz, seconded by Smith, to Approve Resolution R-61-25, A RESOLUTION APPROVING A BUSINESS ASSISTANCE PROGRAM GRANT (GROWTH) FOR RAWAT PLAZA AT 1167-1173 ELMHURST ROAD. 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. UNFINISHED BUSINESS Page 17 of 19 3/17/2025 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 I 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. Alderman Brookman stated this ordinance fundamentally changes how the City Clerk's office is supervised and managed, now granting the City Manager administrator full authority. She stated this defies the will of the residents as they expressed through the March 17, 2020 referendum in which the voters decisively rejected an appointed clerk by supermajority of 67% and they said no to a City Clerk controlled by bureaucrats. Alderman Brookman addresses the organizational chart that the City Clerk is on top and the clerk is to only report to the residents. She stated that the voters did not want a City Clerk's office to be controlled by an unelected city administrator. Alderman Brookman stated that this undermines the accountability and the transparency of the City Clerk's office, and that the elected officials are meant to hold city administrators accountable not the other way around. She stated under this ordinance the elected City Clerk will now answer to the City Manager who is an unelected official who is not accountable to the voters and that this is not how a democracy works; she mentioned under this change the very person responsible for government transparency will be under the control of the city administrator. Alderman Brookman stated that this change presents an obvious conflict of interest since the City Clerk is responsible for handling Freedom of Information Act requests, but if there is a FOIA request that exposes waste inefficiency illegal activities in department she questions what incentives does the City Manager have to release that information if they have control of the office. She stated this ordinance jeopardizes the transparency of the City Clerk's office and fundamentally alters the democratic structure of our city. Alderman Brookman strongly urged the council members to say no to this ordinance; she stated to approve it would weaken the accountability of government and place too, much unchecked powers in the hands an unelected City Manager that does not answer to the voters. Alderman Charewicz stated that since 2019 the supervision over the City Clerk's office staff was dual supervision between the City Clerk and the City Manager and stated that today we are changing none of that today. Advanced to second reading by Charewicz, seconded by Sayad, to Adopt the 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. Alderman Brookman corrected Alderman Charewicz stating that is not a true statement. She states that the supervision is removed from the City Clerk and designated to either the City Manager or the City Manager's designee. City Clerk Mastalski stated that she knows these changes are going to be approved due to the political motivations behind it, but that she will still state her opinion. City Clerk Mastalski addressed Alderman Charewicz's comments. She stated that the statement he made is not a true statement; she stated it is not just confirming what has already Page 18 of 19 3/17/2025 been going on. City Clerk Mastalski mentioned the City Code already stated that there was dual supervision between the City Clerk and the City Manager over the employees, and the dual supervision is being removed. City Clerk Mastalski stated that she is not in favor of these changes to the duties of the City Clerk; and that it is making a change that the City Clerk will now answer to a staff member rather than the Des Plaines residents. She added that it takes away the autonomy of the City Clerk's office, and takes away the ability for it to be the free, transparent, and unbiased office it is supposed to be. City Clerk Mastalski mentioned that one of the changes states, the City Clerk "will work with the city manager or the manager's designee on processes and identifying efficiencies pertaining to the Clerk's responsibilities or duties" explaining that means the City Clerk will be answering to the City Manager or the manager's designee. She further stated that the Deputy Clerk is the representative of the City Clerk and will be able to sign on behalf of the City Clerk but will not answer to the City Clerk. City Clerk Mastalski stated the City Clerk's office is supposed to be an entity that answers directly to the residents to keep the office unbiased and transparent. She stated that this is circumventing that the voters voted to keep the City Clerk as an elected position rather than an appointed position. City Clerk Mastalski stated she is disappointed by these changes and wanted to acknowledge how the residents are being shorthanded. Resident Brian Burkross stated that he agrees with the viewpoint of the City Clerk. He stated the referendum in 2020 showed the public wanted an elected City Clerk independently interfaced outside of the aspects of the City. He also stated that he does not understand what the quick timing is all about and what is the hurry for this ordinance. He suggested another referendum to have the voters decide on this issue. He stated the City Clerk has also offered a valuable platform and that this is indirectly taking it away. Resident Glora Ludwig reminisced on the time years ago when she was city clerk. City Clerk Mastalski mentioned that the City Clerk and the City Manager have worked hand - in -hand with the management of the City Clerk's office, mentioning that City Manager Wisniewski agrees. City Clerk Mastalski stated the dual supervisor has worked well since 2019 without any issues, and yet this change is still being made. City Clerk Mastalski acknowledged there is a lot of work that goes into being City Clerk, that she has pride in what she has done as City Clerk, and that she knows that she has run a well -run office. Alderman Walsten stated that he thinks the change was really unnecessary and stated why fix something that is not broken. He also mentioned that he thinks Mr. Burkross is correct in letting the people of Des Plaines decide as in 2020. Moved by Walsten, seconded by Brookman, a substitute motion to set this as a referendum for the next election, 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: 2 - Brookman, Walsten NAYS: 6 - Lysakowski, Moylan, Oskerka, Sayad, Smith, Charewicz ABSENT: 0 - None Motion failed. Page 19 of 19 3/17/2025 Moved by Brookman, seconded by Walsten, a substitute motion to Deny 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: 2 - Brookman, Walsten NAYS: 6 - Lysakowski, Moylan, Oskerka, Sayad, Smith, Charewicz ABSENT: 0 - None Motion failed. Advanced to second reading by Charewicz, seconded by Sayad, to Adopt the 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: 6 - Lysakowski, Moylan, Oskerka, Sayad, Smith, Charewicz NAYS: 2 - Brookman, Walsten ABSENT: 0 - None Motion declared carried. OTHER MAYORAL/ Alderman Brookman reminded the residents to go out and vote; she stated early voting is ALDERMEN today through March 3 1 " and election day is April 1" at your polling place. ANNOUCMENTS ADJOURNMENT Moved by Brookman, seconded by Sayad, to adjourn the meeting. Upon voice vote, motion declared carried. The meeting adjourned at 9:29 p.m. APPROVED Y ME THIS 7 ess a M. MasfalskiV CITY CLERK DAY OF 2025 Andrew Goczkowski, MAYOR