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01/05/2015:°111%. OF °11: DES PLAINES) ILLINOIS City Council Agenda Monday, January 5, 2015 Executive Session — 6:15 p.m. Regular Session — 7:00 p.m. Room 102 CALL TO ORDER EXECUTIVE SESSION PERSONNEL REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE CITIZEN PARTICIPATE N (matters not on the Agenda) CITY CLERK ANNOUNCEMENTS ALDERMEN ANNOUNCEMENTS DRAFT: 12/29/2014 4:51 PM Monday, January 5, 2015 City of Des Plaines City Council Agenda Page 12 CONSENT AGENDA: 1. Minutes/Regular Meeting — December 15, 2014 2. Minutes/Executive Session — December 15, 2014 3. Approve Termination of Special Service Area #3 and Special Service Area #4 3a. ORDINANCE M-2-15/Termination of SSA #3 and SSA #4 4. Approve GIS Consortium Service Provider Contract with Municipal GIS Partners, Inc., 701 Lee Street, Suite 1020, Des Plaines, Illinois 60016 in an Amount Not -to -Exceed $188,494.00. Budgeted Funds — General Fund 4a. RESOLUTION R-1-15/Geographical Information Systems (GIS) Contract Renewal 5. Approve Purchase of Sensus Water Meters and Installation Services on an As -Needed Basis from Authorized Distributor HD Supply — Waterworks, 220 South Westgate Drive, Carol Stream, Illinois 60188. Budgeted Funds — Water System Fund, Miscellaneous Contractual Services in the Amount of $175,000 and Water Meters in the Amount of $345,000. 5a. RESOLUTION R-4-15/Purchase and Installation of Sensus Water Meters 6. Approve Municipal Estimate of Maintenance Costs and Adoption of IDOT Resolution for Maintenance of Streets and Highways in the Amount of $1,700,972 6a. RESOLUTION R-5-15/2015 Motor Fuel Tax Maintenance, Section #15 -00000 -00 -GM 7. Approve Task Order No. 6 for Alternative Water Supply System Improvements - Phase 3 Engineering Services in the Amount of $110,100 from MWH Americas, Inc., 175 West Jackson Blvd., Suite 1900, Chicago, Illinois 60604. Budgeted Funds — Water Fund, Professional Services. 7a. RESOLUTION R-7-15/MWH Americas, Inc., Task Order No. 6 8. Award Bid for the FEMA Hazard Mitigation Grant 1935 Demolition Project to Lowest Bidder, Albrecht Enterprises, Inc., 1684 E. Oakton Street, Des Plaines, Illinois 60018 in the Amount of $749,800.00. Source of Funding — Grant Funded Projects Fund. 8a. RESOLUTION R-9-15/Bid Award for FEMA Hazard Mitigation Grant 1935 Demolition Project 9. SECOND READING — ORDINANCE M-74-14/Approve Amendment to 1-8-4 Schedule A of the Des Plaines City Code to Add the Position of Facilities & Grounds Foreman 10. SECOND READING — ORDNANCE M-75-14/Approve Amendments to 4-1-3 and 4-1-5, Paragraphs E and C, respectively, Regarding the Waiver of Business Registration Fees for Governmental Bodies and Approve Amendments to 4-3-2 Regarding the Waiver of Temporary Event License Fees for Governmental Bodies 11. Authorize City Clerk to Advertise for Bid Contractual Plumbing Maintenance and Repair Services Contract 12. Authorize City Clerk to Advertise for Bid Contractual Electrical Repair and Maintenance Services Contract 13. Authorize City Clerk to Advertise for Bid the Services for Aggregate Materials and Spoils Disposal 14. Acknowledge Receipt of the 2012 Motor Fuel Tax Audit Report from Illinois Department of Transportation (IDOT). City Clerk to File Report as Permanent Record. END OF CONSENT AGENDA DRAFT: 12/29/2014 4:51 PM Monday, January 5, 2015 City of Des Plaines City Council Agenda Page 13 COMMITTEE OF THE WHOLE 1. FINANCE & ADMINISTRATION — Alderman Dick Sayad, Chair a. Warrant Register in the Amount of $5,260,537.71 — RESOLUTION R-8-15 2. COMMUNITY DEVELOPMENT — Alderman Mark Walsten, Chair a. Conditional Use Permit for Massage Establishment at 683 N. Wolf Road, Case #14 -081 -CU — ORDINANCE Z-1-15 b. Major Variations for Accessory Structure Addition and Electronic Message Board Sign at 130 E. Thacker Street, Case #14-082-V — ORDINANCE Z-2-15 c. Major Variation for Electronic Message Board Sign at 405 S. River Road, Case #14-083-V — ORDINANCE Z-3-15 d. Major Variations for Electronic Message Board Sign at 1313 E. Oakton Street, Case #14-084-V — ORDINANCE Z-4-15 e. Major Variation for Wall Sign at 767 W. Golf Road, Case #14-085-V — ORDINANCE Z-5-15 f. Citywide Text Amendment to the Zoning Ordinance Regarding Nonconforming Lots, Case #14 -088 - TA — ORDINANCE Z-6-15 3. PUBLIC WORKS — Alderman Don Smith, Chair a. Consideration of Rescission of Ordinance M-24-88 - Parkway Tree Replacement Program Cost Share/ORDINANCE M-1-15 IF NO ACTION IS TAKEN UNDER NEW BUSINESS, THESE ITEMS WILL APPEAR ON THE FOLLOWING CONSENT AGENDA OR UNFINISHED BUSINESS. IF IT IS NECESSARY TO TAKE ACTION ON ANY OF THESE ITEMS THIS EVENING, THEY MUST BE REPORTED OUT BY THE COMMITTEE CHAIRMAN UNDER "NEW BUSINESS" UNFINISHED BUSINESS 1. Approve Commission Appointments from December 1, 2014 of (postponed from 12/15/14 City Council Agenda): • William Epcke to the Consumer Protection Commission (Term to Expire 8/30/18) • Earl Wilson and Obaidur Rahman to the Library Board of Trustees (Terms to Expire 6/30/16 and 6/30/17, respectively) • G. Thomas Green to the Zoning Board of Appeals (Term to Expire 4/30/18) DRAFT: 12/29/2014 4:51 PM Monday, January 5, 2015 City of Des Plaines City Council Agenda Page 14 NEW BUSINESS: IF REPORTED OUT BY COMMITTEE 1. a. RESOLUTION R-8-15/Warrant Register in the Amount of $5,260,537.71 2. a. ORDINANCE Z-1-15/Approve Conditional Use Permit for Massage Establishment at 683 N. Wolf Road, Case #14 -081 -CU b. ORDINANCE Z-2-15/Approve Major Variations for Accessory Structure Addition and Electronic Message Board Sign at 130 E. Thacker Street, Case #14-082-V c. ORDINANCE Z-3-15/Approve Major Variation for Electronic Message Board Sign at 405 S. River Road, Case #14-083-V d. ORDINANCE Z-4-15/Approve Major Variations for Electronic Message Board Sign at 1313 E. Oakton Street, Case #14-084-V e. ORDINANCE Z-5-15/Approve Major Variation for Wall Sign at 767 W. Golf Road, Case #14-085-V f. ORDINANCE Z-6-14/Approve Citywide Text Amendment to the Zoning Ordinance Regarding Nonconforming Lots, Case #14 -088 -TA 3. a. ORDINANCE M-1-15/Rescind Ordinance M-24-88 — Parkway Tree Replacement Program Cost Share MANAGER'S REPORT ALDERMEN COMMENTS MAYORAL COMMENTS ADJOURNMENT City of Des Plaines, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the accessibility of the meeting(s) or facilities, contact the ADA Coordinator at 391-5486 to allow the City to make reasonable accommodations for these persons. DRAFT: 12/29/2014 4:51 PM CALL TO ORDER: Consent Agenda Item # 1 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, DECEMBER 15, 2014 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 15, 2014. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Smith and Charewicz. Also present were: City Manager Bartholomew, Assistant Director of Finance Bromber, Director of Community and Economic Development Sakas, Fire Chief Wax, Police Chief Kushner, Director of Public Works and Engineering Oakley and City Attorney Friedman. PRAYER AND PLEDGE: PUBLIC HEARING/ 2013 CDBG COMPREHENSIVE ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER): DISCUSSION: CITIZEN PART.: CITY CLERK ANNOUNCEMENTS: The opening prayer was given by Nick Hernandez, a student from St. Zachary's Religious Education Program, followed by the Pledge of Allegiance to the Flag. MINUTES OF THE PUBLIC HEARINGS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 15, 2014 Mayor Bogusz called the Public Hearing to order at 7:01 p.m. Associate Planner Yu reviewed his Memorandum of December 4, 2014 regarding the PY2013 Community Development Block Grant (CDBG) Consolidated Annual Performance & Evaluation Report (CAPER). The 15 -day public comment period for the CAPER began November 26, 2014 and will end after the December 15, 2014 City Council meeting. Mayor Bogusz asked for comments and questions from the aldermen and the public. There were no comments. The Public Hearing was adjourned at 7:03 p.m. Resident Wayne Serbin addressed the City Council stating that according to a recent newspaper article, Des Plaines is listed as number 99 out of 100 best cities in which to live and gave statistics regarding education, employment, cost of living, amenities and crime. Resident Jim Fornelli addressed the City Council stating that he reads several area newspapers regarding the theater in St. Charles and asked about the status of the Des Plaines Theater. City Clerk Ludwig announced that the Candidate Petition Filing Period started today at 8:30 a.m. and ends on Monday, December 22, 2014 at 5 p.m. CONSENT AGENDA: MINUTES: Consent Agenda AMEND CITY CODE/ ADD POSITION/ FACILITIES & GROUNDS FOREMAN: Consent Agenda Ordinance M-74-114 APPROVE AGR./ IEPA/ 1205 SOUTH WOLF D.. Consent Agenda esolution R-213-14 APP' OVE 2013 CD ILG CAPER: Consent Agenda Page 2 of 7 12/15/14 Motion by Rodd, seconded by Robinson, to establish the Consent Agenda except for Items 6, 6a and 7. Motion declared carried. Motion by Robinson, seconded by Walsten, to approve Consent Agenda. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Resolutions R-213-14 and R -217A-14 were adopted; Ordinance M-74-14 was placed on First Reading and Ordinance Z-31-14 was adopted. Moved by Robinson, seconded by Walsten, to approve minutes of the Regular Meeting of the City Council held December 1, 2014. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Walsten, to approve minutes of the Regular Meeting of the City Council held November 17, 2014. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Walsten, to concur with Staff recommendation to amend Des Plaines City Code Title 1, "Administrative", Chapter 8, "Position Grade and Compensation Plan", Section 4, "Compensation Plan", "Schedule A" to add the position of Facilities & Grounds Foreman; and further recommend to place on First Reading Ordinance M-74-14, AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 1 OF THE CITY OF DES PLAINES CITY CODE TO ADD A FOREMAN POSITION TO THE CLASSIFICATION PLAN. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Walsten, to concur with Staff recommendation to approve a Highway Authority Agreement along with a Supplemental Agreement between the City and Property Owners of 1205 South Wolf Road to allow the Illinois Environmental Protection Agency (IEPA) to issue a "No Further Remediation" (NFR) Letter for this site; and further recommend to adopt Resolution R-213-14, A RESOLUTION APPROVING A HIGHWAY AUTHORITY AGREEMENT AND A REIMBURSEMENT AND INDEMNIFICATION AGREEMENT WITH ARIF AND MARY BALAGAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Walsten, to concur with Staff recommendation to approve the 2013 CDBG Comprehensive Annual Performance & Evaluation Report (CAPER); and further recommend to adopt Resolution R -217A-14, A RESOLUTION APPROVING THE COMMUNITY )5q- Resolution R -217A-114 APPROVE CONTRACT/ PRE - DEMOLITION ASBESTOS INSPECTION/ FEMA HAZARD MITIGATION GRANT 1935: Consent Agenda Resolution R-218-14 APP OVE COMMISSION APPOINTMENTS: EXECUTIVE SESSION: Page 3 of 7 12/15/14 DEVELOPMENT BLOCK GRANT PROGRAM CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR PROGRAM YEAR 2013. Motion declared carried as approved unanimously under Consent Agenda. Alderman Charewicz requested this Item be removed from Consent Agenda. Director of Public Works and Engineering Oakley answered questions from the Aldermen. Moved by Charewicz, seconded by Sayad, to enter into a Master Contract and accept Proposal from Gabriel Environmental Services, 1421 North Elston Avenue, Chicago, Illinois 60642 in the amount of $650.00 per home with a not - to -exceed amount of $20,000.00 to provide pre -demolition asbestos inspection on 21 homes in connection with FEMA Hazard Mitigation Grant 1935 (Budgeted Funds — Grant Funded Projects) and adopt Resolution R-218-14, A RESOLUTION APPROVING A MASTER CONTRACT WITH GABRIEL LABORATORIES, LTD, FOR ENGINEERING SERVICES AND TASK ORDER NO. 1 FOR ASBESTOS INSPECTION AND TESTING SERVICES. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Mayor Bogusz requested that the Commission Appointments of Item 7 be removed from Consent Agenda as follows: Approve Commission Appointments from December 1, 2014 of o William Epcke to the Consumer Protection Commission (Term to Expire 8/30/18); o Earl Wilson and Obaidur Rahman to the Library Board of Trustees (Terms to Expire 6/30/16 and 6/30/17, respectively); and o G. Thomas Green to the Zoning Board of Appeals (Term to Expire 4/30/18). There were no objections to waive the Council Rules to allow public comment. Alderman Sayad requested that the City Clerk note for the record that he did not personally check the information he was given regarding one of the appointees. Following discussion, moved by Smith, seconded by Rodd, to go into Executive Session to discuss Personnel. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad 1,4 Brookman, Walsten, Smith, Charewicz 4 1 NAYS: 0 -None EXECUTIVE SESSION: (Cont'd) APPROVE COMMISSION RE -APPOINTMENTS: Consent Agenda ORDINANCE Z-31-14 MAJOR VARIATION/ 414 EAST GOLF I''D.: Consent Agenda WARRANT Page 4 of 7 12/15/14 ABSENT: 0 -None Motion declared carried. The City Council recessed at 7:41 p.m. The City Council reconvened at 8:24 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Smith and Charewicz. Moved by Charewicz, seconded by Brookman, to postpone the Commission Appointments to the Regular Council meeting of January 5, 2015. Motion declared carried. Alderman Smith voted No. Moved by Robinson, seconded by Walsten, to approve Commission Re- appointments of: o Arthur Lukowicz to the Board of Fire & Police Commissioners (Term to Expire 4/30/17); o Susan Czach to the Consumer Protection Commission (Term to Expire 8/30/18); o Patrick McGeean, Richard Grosse, Jin Lee, and Christen Osowski to the Economic Development Commission (Terms to Expire 4/30/18); o Rosemary Mulligan, Vincent Rangel and Richard Pope to the Library Board of Trustees (Terms to Expire 6/30/17); o Joseph Yi to the Plan Commission (Term to Expire 4/30/19); o Kirsten Tangeros to the Special Events Commission (Term to Expire 8/31/18); and o Bob Neil, Joanie Sebastian and Darren Brown to the Youth Commission (Terms to Expire 12/1/16). Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by Walsten, to adopt Ordinance Z-31-14, AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 8.5- 6 OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT A 110 FOOT COMMERCIAL RADIO SERVICE FACILITY AT 414 E. GOLF ROAD, DES PLAINES, ILLINOIS. (CASE #14-076-V). Motion declared carried as approved unanimously under Consent Agenda. MAYO('' BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Sayad, Chair Alderman Sayad provided a list of invoices submitted by Holland & Knight in AV- I. IEGI STER: GOVERNMENTAL ILODY FEE AND REGISTRATION AMENDMENTS: Page 5 of 7 12/15/14 the total amount of $73,330.59 from the Warrant Register of December 15, 2014 and did not agree with paying these invoices because he feels the costs are too high to the residents. The list is as follows: Page # Line # 3 24 25 26 27 28 29 4 30 31 32 33 34 35 36 39 40 20 466 467 Total 17 Items $ Amount 18, 500.00 730.00 652.50 1,475.00 875.00 198.00 1,250.00 1,982.50 297.00 156.00 2,079.00 53.00 982.50 18, 500.00 18, 500.00 6,638.09 462.00 $73,330.59 Moved by Haugeberg, seconded by Rodd, to recommend to the City Council approval of the December 15, 2014 — Warrant Register, in the total amount of $3,258,660.45; and further recommend that Resolution R-219-14 be adopted at appropriate time this evening. Motion declared carried. Alderman Sayad agreed with payment of the items on the Warrant Register of December 15, 2014, with the exception of the invoices from Holland & Knight in the total amount of $73,330.59 and Alderman Smith recused himself from approving all invoices from Holland & Knight due to a conflict of interest (a professional relationship with one of the attorneys). LEGAL & LICENSING — Alderman Brookman, Chair Economic Development Coordinator Pruss reviewed her Memorandum of December 2, 2014 regarding Governmental Body Fee and Registration Amendments. The current City Code is not written to exempt public entities such as the Park District and waive Business Registration and Temporary Event License fees. Moved by Walsten, seconded by Sayad, to recommend to the City Council approval of Ordinance M-75-14 at appropriate time this evening. Motion declared carried. PUBLIC WORKS — Alderman Smith, Chair PARKWAY TREE REPLACEMENT P OGRAM: UNFINISHED BUSINESS: ORDINANCE Z-32-14 CITYWIDE TEXT AMENDMENT/ AWNING AND CANOPY SIGNAGE: NEW BUSINESS: WARRANT REGISTER: Resolution R-219-14 Page6of7 12/15/14 A discussion took place regarding the meeting of the Public Works Committee held regarding the parkway tree replacement program. Director of Public Works and Engineering Oakley answered questions from the Aldermen. Moved by Robinson, seconded by Charewicz, to keep the parkway tree replacement program as is. Moved by Walsten, seconded by Brookman, for a substitute motion to direct Staff to create an ordinance eliminating the $50.00 fee to be presented at the Regular Council meeting of January 5, 2015. Motion declared carried. Aldermen Haugeberg and Charewicz did not agree. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL, !: ACK IN SESSION. Moved by Walsten, seconded by Charewicz, to adopt Ordinance Z-32-14, AN ORDINANCE AMENDING THE TEXT OF THE CITY ZONING ORDINANCE REGARDING AWNINGS AND CANOPIES. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad Brookman, Walsten, 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-219-14, 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: $3,258,660.45. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Alderman Sayad agreed with payment of the items on the Warrant Register of �8� GOVERNMENTAL BODY FEE AND REGISTRATION AMENDMENTS: Ordinance R1I-75-14 A Page 7 of 7 12/15/14 December 15, 2014, with the exception of the invoices from Holland & Knight in the total amount of $73,330.59. Alderman Smith recused himself from approving all invoices from Holland & Knight due to a conflict of interest. Moved by Brookman, seconded by Walsten, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance M-75-14, AN ORDINANCE AMENDING TITLE 4 OF THE CITY CODE REGARDING REGISTRATION AND LICENSE FEES FOR PUBLIC ENTITIES. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad Brookman, Walsten, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. JOURNMENT: Moved by Walsten, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:56 p.m. APPROVED BY ME THIS DAY OF , 2015 Matthew J. Bogusz, MAYOR Yai • loris J. Ludwig, MMC — TY CLERK Consent Agenda Items # 3 & 3a C y of Des Pialnes Finance Department 1420 Miner Street • DES PLANES Des Plaines, IL 60016 ILLINOIS Tel: 847-391-5325 Fax: 847-391-5402 MEMORANDUM Date: December 23, 2014 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Asst. City Manager/ Director of Finance Subj: Termination of Special Service Area (SSA) No. 3 and SSA No. 4 Tissue: For the City Council to approve the ordinance terminating expired SSA No. 3 and SSA No. 4 as of the 2014 Tax Year. Analysis: The City adopts several property tax levy ordinances annually to collect the special assessment attributable to the respective properties within an SSA for completed projects that were not funded by general taxation. SSA No. 3 was established per Ordinance M-42-94, adopted on July 18, 1994, whereby the City was authorized to improve the parking lot for the Cumberland Townhomes. During the years of 1997 through 2005, the annual tax levy related to the improvements was $13,000 and in 2006 (final year of repayment) the tax levy was $10,034. The levy amounts included interest and construction costs. SSA No. 4 was established per Ordinance M-11-95, adopted on March 27, 1995, whereby the City was authorized to improve the storm sewers for the Woodland Townhomes. During the years of 1995 through 2009, the annual tax levy related to the improvements was $2,000. The levy amounts included interest and improvement costs. Given that all improvements contemplated by Ordinance M-42-94 and Ordinance M-11-95 have been completed and the City has not issued a tax levy over the SSA No. 3 since the 2006 tax year and SSA No. 4 since the 2009 tax year, and there are no excess funds available, the City has to file a termination of the expired SSA's with Cook County. This process can be completed by passage of an Ordinance by the City Council and filing with the County Clerk's Map Department. Recommendation: I recommend that the City Council approve Ordinance M-2-15 terminating the expired SSA No.3 and SSA No. 4. Attachments: Attachment 1 - Ordinance M-2-15 Terminating Expired Special Service Areas Page 1 of 3 CITY OF DES PLAIINES ORDINANCE M - 2 - 15 AN ORDINANCE TERMINATING EXPIRED SPECIAL SERVICE AREAS WHEREAS, on July 18, 1994, the City Council of the City of Des Plaines adopted Ordinance M-42-94, which created a special service area designated as the "Special Service Area Number Three" for the purpose of construction and maintenance of certain improvements associated with the Cumberland Townhouse Area ("SSA No. 3"); and WHEREAS, on March 27, 1995, the City Council of the City of Des Plaines adopted Ordinance M-11-95, which created a special service area designated as the "Special Service Area Number Four" for the purpose of construction and maintenance of certain improvements associated with the Woodland Townhouse Area ("SSA No. 4"); and WHEREAS, all improvements contemplated by Ordinance M-42-94 and Ordinance M- 11-95 have been completed, the City has not issued a tax levy over the SSA No. 3 since the 2006 tax year and SSA No. 4 since the 2009 tax year, and there are no excess funds available; and WHEREAS, the City Council has determined that the termination of SSA No. 3 and SSA No. 4 is in the best interest of the City; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof. SECTION 2. TERMINATION OF SPECIAL SERVICE AREAS. The following Special Service Areas are hereby terminated as of the 2014 Tax Year: Agency Name Agency No. City of Des Plaines Special Service Area 3 03-0290-100 City of Des Plaines Special Service Area 4 03-0290-101 SECTION 3: FILING WITH COUNTY. After the Effective Date of this Ordinance, the City Clerk is directed to file a certified copy of this Ordinance in the Office of the Cook County Clerk. SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, by a vote of the corporate authorities, approval, publication and posting as provided by law. [SIGNATURE PAGE FOLLOWS] Attachment I Page 2 of 3 PASSED this day of , 2015. APPROVED this day of , 2015. VOTE: AYES NAYS ABSENT ATTEST: CITY CLERK MAYOR Published in pamphlet form this Approved as to form: day of , 2015. CITY CLERK Peter M. Friedman, General Counsel DP -Ordinance Tenninating SSAs 3 and 4 Attachment 1 Page 3 of 3 DES PLAINES ILLINOIS Consent Agenda Items # 4 & 4a City of Des Plaines Public Works & Engineering Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5390 Fax: 847-391-5619 MEMORANDUM Date: December 4, 2014 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Timothy Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Renewal of Municipal GIS Partners Contract for 2015 Issue: The City's contract for Geographical Information System (GIS) staffing and services is up for annual renewal in 2015. Municipal GIS Partners (MGP) is the vendor, selected by the GIS Consortium, to provide staffing and technical services for the City's GIS. Analysis: The City has been a member of the GIS Consortium since 2002. There are now 26 other community members. During the preceding year, MGP completed mapping of the City's sewer, water, and street lighting systems and has updated the associated atlas books. They also updated the TIF District boundaries and corrected address data, 1- foot elevation contours, zoning districts and the internet webpage with the City's GIS data. That information is available to all users of the City's computer system, and the general public at www.gisconsortium.org or on the City's website under Des Plaines Interactive Map. Recommendation: We recommend approval of the contract with Municipal GIS Partners, Inc., 701 Lee Street, Suite 1020, Des Plaines, IL 60016 in an amount not to exceed $188,494.00. This is a budgeted item from the General Fund. Attachments Resolution R-1-15 Exhibit A — MGP Contract h:\correspondence\city council meeting \201511-5-1512015 mgp gis services\1 mgp memo -2015 contract renewal.doc Page 1 of 22 CITY OF IDES PLAINES RESOLUTION R - 1 - 15 A RESOLUTION APPROVING AN AGREEMENT WITH MUNICIPAL GIS PARTNERS, INC., FOR GEOGRAPHIC INFORMATION SYSTEM SUPPORT SERVICES WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City has appropriated funds for the procurement of geographic information system services ("Services") for use by the Department of Public Works and Engineering during the 2015 fiscal year; and WHEREAS, the City of Des Plaines is a member of the Municipal Geographic Information System Consortium ("Consortium"); and WHEREAS, the Consortium has selected Municipal GIS Partners, Inc., of Des Plaines, Illinois ("MGP"), to perform the Services; and WHEREAS, in accordance with Section 1-10-14 of the City Code, the City has determined that the procurement of the Services is not adapted to award by competitive bidding because performing the Services requires a high degree of professional skill where the ability or fitness of the individual is important; and WHEREAS, MGP previously has performed the Services to the City's satisfaction; and WHEREAS, the City desires enter into an agreement with MGP to perform the Services in an amount not to exceed $188,494.00 ("Agreement"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with MGP; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: WAIVER OF COMPETITIVE BIDDING. The requirement that competitive bids be solicited for the procurement of the Services from MGP is hereby waived. 1 Page 2 of 22 SECTION 3: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 4: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Agreement only after receipt by the City Clerk of at least two executed copies of the Agreement from MGP; provided, however, that if the City Clerk does not receive such executed copies of the Agreement from MGP within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the Agreement shall, at the option of the City Council, be null and void. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2015. APPROVED this day of , 2015. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP -Resolution Approving Agreement with Municipal GIS Partners 2015 2 Page 3 of 22 GIS CONSORTIUM SERVICE PROVIDER CONTRACT This contract (this "Contract') made and entered into this 1st day of January, 2015 (the "Effective Date"), by and between the City of Des Plaines, an Illinois municipal corporation (hereinafter referred to as the "Municipality"), and Municipal GIS Partners, Incorporated, 701 Lee Street, Suite 1020, Des Plaines, Illinois 60016 (hereinafter referred to as the "Consultant"). WHEREAS, the Municipality is a member of the Geographic Information System Consortium ("GISC"); WHEREAS, the Consultant is a designated service provider for the members of GISC and is responsible for providing the necessary professional staffing resource support services as more fully described herein (the "Services") in connection with the Municipality's geographical information system ("GIS"); WHEREAS, the Municipality desires to engage the Consultant to provide the Services on the terms set forth herein; and WHEREAS, the Consultant hereby represents itself to be in compliance with Illinois statutes relating to professional registration applicable to individuals performing the Services hereunder and has the necessary expertise and experience to furnish the Services upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing and of the promises hereinafter set forth, it is hereby agreed by and between the Municipality and the Consultant that: SECTION 1 SCOPE OF SERVICES 1.1 Statement of Work. This Contract contains the basic terms and conditions that will govern the overall relationship between the Consultant and the Municipality. The Consultant will provide the Services described in the statement of work attached hereto as Attachment 1 ("Statement of Work"), which shall become a part of and subject to this Contract. 1.2 Supplemental Statements of Work. Any additional services to be performed by the Consultant may be added to this Contract after the Effective Date by the mutual agreement of the parties, which agreement will be evidenced by mutual execution of a Supplemental Statement of Work which shall also be subject to the terms and conditions set forth in this Contract, a form of which is attached hereto as Exhibit A. 1.3 Additional Compensation. If the Consultant wishes to make a claim for additional compensation as a result of action taken by the Municipality, the Consultant shall give written notice of its claim within fifteen (15) days after occurrence of such action. Regardless of the decision of the Municipality Manager relative to a claim submitted by the Consultant, all work required under this Contract as determined by the Municipality Manager shall proceed without interruption. EXHIBIT A Page 4 of 22 1.4 Contract Governs. If there is a conflict between the terms of this Contract and the Statement of Work or any Supplemental Statement of Work, unless otherwise specified in such Statement of Work, the terms of this Contract shall supersede the conflicting provisions contained in such Statement of Work. SECTION 2 PERFORMANCE OF WORK 2.1 All work hereunder shall be performed under the direction of the City Manager or his designee (hereinafter referred to as the "Municipality Manager") in accordance with the terms set forth in this Contract and each relevant Statement of Work. SECTION 3 RELATIONSHIP OF PARTIES 3.1 Independent Contractor. The Consultant shall at all times be an independent contractor, engaged by the Municipality to perform the Services. Nothing contained herein shall be construed to constitute a partnership, joint venture or agency relationship between the parties. 3.2 Consultant and Employees. Neither the Consultant nor any of its employees shall be considered to be employees of the Municipality for any reason, including but not limited to for purposes of workers' compensation law, Social Security, or any other applicable statute or regulation. 3.3 No Authority to Bind. Unless otherwise agreed to in writing, neither party hereto has the authority to bind the other to any third party or to otherwise act in any way as the representative of the other. SECTION 4 PAYMENT TO THE CONSULTANT 4.1 Payment Terms. The Municipality agrees to pay the Consultant in accordance with the terms and amounts set forth in the applicable Statement of Work, provided that: (a) The Consultant shall submit invoices in a format approved by the Municipality. (b) The Consultant shall maintain records showing actual time devoted to each aspect of the Services performed and cost incurred. The Consultant shall permit the authorized representative of the Municipality to inspect and audit all data and records of the Consultant for work done under this Contract. The Consultant shall make these records available at reasonable times during this Contract period, and for a year after termination of this Contract. (c) The service rates and projected utilization set forth in the applicable Statement of Work shall adjust each calendar year in accordance with the annual rates approved by the Board of Directors of GISC which shall be reflected in a Supplemental Statement of Work. EXHIBIT A Page 5 of 22 (d) Payments to the Consultant shall be made pursuant to the Illinois Local Government Prompt Payment Act (50 ILCS 505/1 et seq.). 4.2 Service Rates. The service rates set forth in the Statement of Work include all applicable federal, state, and local taxes of every kind and nature applicable to the Services as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or similar benefits and all costs, royalties and fees arising from the use of, or the incorporation into, the Services, of patented or copyrighted equipment, materials, supplies, tools, appliances, devices, processes, or inventions. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees is hereby waived and released by Consultant. SECTION 5 TERM 5.1 Initial Term. Subject to earlier termination pursuant to the terms of this Contract, the initial term of this Contract shall commence on the Effective Date and remain in effect for three (3) years (the "Initial Term"). 5.2 Renewal Terms. The Initial Term may be extended for successive one (1) year periods or for any other period as mutually agreed to in writing and set forth in a Supplemental Statement of Work executed by both parties (each, a "Renewal Term"). SECTION 6 TERMINATION OF CONTRACT 6.1 Voluntary Termination. Notwithstanding any other provision hereof, the Municipality may terminate this Contract during the Initial Term or any Renewal Term, with or without cause, at any time upon thirty (30) days prior written notice to the Consultant. The Consultant may terminate this Contract or additional Statement of Work, with or without cause, at any time upon sixty (60) days prior written notice to the Municipality. 6.2 Termination for Breach. Either party may terminate this Contract upon written notice to the other party following a material breach of a material provision of this Contract by the other party if the breaching party does not cure such breach within ten (10) days of receipt of written notice of such breach from the non -breaching party. 6.3 Payment for Services Rendered. In the event that this Contract is terminated in accordance with this Section 6, the Consultant shall be paid for services actually performed and reimbursable expenses actually incurred. SECTION 7 CONSULTANT PERSONNEL AND SUBCONTRACTORS 7.1 Adequate Staffing. The Consultant must assign and maintain during the term of this Contract and any renewal thereof, an adequate staff of competent employees, agents, or subcontractors ("Consultant Personnel") that is fully equipped, licensed as appropriate and EXHIBIT A Page 6 of 22 qualified to perform the Services as required by the Statement of Work or Supplemental Statement of Work. 7.2 Availability of Personnel. The Consultant shall notify the Municipality as soon as practicable prior to terminating the employment of, reassigning, or receiving notice of the resignation of, any Consultant Personnel assigned to provide the Municipality with the Services. The Consultant shall have no claim for damages and shall not bill the Municipality for additional time and materials charges as the result of any portion of the Services which must be duplicated or redone due to such termination or for any delay or extension of the time of performance as a result of any such termination, reassigning, or resignation. 7.3 Use of Subcontractors. The Consultant's use of any subcontractor or subcontract to perform the Services shall not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services as required by this Contract. All Services performed under any subcontract shall be subject to all of the provisions of this Contract in the same manner as if performed by employees of the Consultant. For purposes of this Contract, the term "Consultant" shall be deemed to refer to the Consultant and also to refer to all subcontractors of the Consultant. 7.4 Removal of Personnel and Subcontractors. Municipality may, upon written notice to Consultant, request that any Consultant Personnel be removed or replaced. Consultant shall promptly endeavor to replace such Consultant Personnel and Municipality shall have no claim for damages for a delay or extension of the applicable Statement of Work as a result of any such removal or replacement. 7.5 Non -Solicitation of Consultant Employees. The Municipality agrees that during the term of this Contract and for a period of one (1) year thereafter, it shall not, directly or indirectly, through any other person, firm, corporation or other entity, solicit, induce, encourage or attempt to induce or encourage any employee of the Consultant to terminate his or her employment with the Consultant or to breach any other obligation to the Consultant. The Municipality acknowledges that the aforementioned restrictive covenant contained in this Section is reasonable and properly required for the adequate protection of the Consultant's business. SECTION 8 ACCOMMODATION OF CONSULTANT PERSONNEL; MUNICIPAL FACILITIES 8.1 Facilities and Equipment. The Municipality shall provide the Consultant with adequate office space, furnishings, hardware, software and connectivity to fulfill the objectives of the GIS program. Facilities and equipment include, but are not limited to, the following: (a) Office space for the Consultant's Personnel and periodic guests. This space should effectively and securely house all required GIS systems, peripherals and support tools. This space must be available during normal business hours; (b) Furnishings including adequate desk(s), shelving, and seating for the Consultant's Personnel and periodic guests; EXHIlIIIlT A Page 7 of 22 (c) A telephone line and phone to originate and receive outside calls; (d) A network connection with adequate speed and access to the Internet; and (e) Hardware, software, peripherals, and network connectivity to perform the program objectives efficiently. 8.2 Backup and Recovery Systems. The Municipality shall be responsible for installing, operating and monitoring the backup and recovery systems for all Municipality GIS assets that permit the Consultant to continue services within a reasonable period of time following a disaster or outage. 8.3 Right of Entry; Limited Access. Consultant's Personnel performing Services shall be permitted to enter upon the Municipality's property in connection with the performance of the Services, subject to those rules established by the Municipality. Consent to enter upon a Municipality's facility given by the Municipality shall not create, nor be deemed to imply, the creation of any additional responsibilities on the part of the Municipality. Consultant's Personnel shall have the right to use only those facilities of the Municipality that are necessary to perform the Services and shall have no right to access any other facilities of the Municipality. SECTION 9 CONFIDENTIAL INFORMATION; INTELLECTUAL PROPERTY; FOIA 9.1 Municipal Materials. The Consultant acknowledges and agrees that all trademarks, service marks, logos, tradenames and images provided by or on behalf of the Municipality to the Consultant for use in performing the Services and the GIS database (including files created from the database) created by Consultant hereunder (the "Municipal Materials") are the sole and exclusive property of the Municipality. The Consultant acknowledges that this Contract is not a license to use the Municipal Materials except as needed to perform the Services hereunder. 9.2 Third -Party Materials. If applicable, to the extent the Consultant has agreed to obtain and/or license Third -Party Materials on behalf of Municipality, the Consultant shall obtain a license for Municipality to use the Third -Party Materials as part of the Services for the purpose specified in the applicable Statement of Work. "Third -Party Materials" shall include, but are not limited to, computer software, script or programming code or other materials owned by third parties and/or any software available from third parties, that is licensed by Consultant for the benefit of the Municipality. 9.3 GISC Materials. It is expressly understood that, excluding the Municipal Materials and Third -Party Materials, all members of GISC and the Consultant may use or share in any improvements or modifications incorporated into any computer software (in object code and source code form), script or programming code used or developed by the Consultant in providing Services hereunder (the "GISCMaterials"). (a) The Consultant herby grants the Municipality a limited, personal, nontransferable, non-exclusive license to use the GISC Materials solely for the purpose of and in connection with the Municipality's GIS. Upon expiration or termination of this Contract, or at ]EXH 9 BIIT A Page 8 of 22 such time the Municipality is no longer a member of GISC or in breach of its obligations hereunder, the Municipality shall not be entitled to or granted a license in future enhancements, improvements or modifications in the GISC Materials. The Municipality may grant a sublicense to a third party that the Municipality engages to maintain or update the GISC Materials in connection with the Municipality's GIS; provided that such third party agrees in writing to be bound by the license restrictions set forth in this Contract. (b) The Municipality acknowledges that the Consultant is in the business of providing staffing resource support services and that the Consultant shall have the right to provide services and deliverables to third parties that are the same or similar to the services that are to be rendered under this Contract, and to use or otherwise exploit any GISC Materials in providing such services. The Municipality hereby grants to the Consultant, a royalty -free, non- exclusive, irrevocable license throughout the world to publish modify, transfer, translate, deliver, perform, use and dispose of in any manner any portion of the GISC Materials. 9.4 Confidential Information. In the performance of this Contract, the Consultant may have access to or receive certain information in the possession of the Municipality that is not generally known to members of the public ("Confidential Information"). The Consultant acknowledges that Confidential Information includes, but is not limited to, proprietary information, copyrighted material, educational records, employee data, financial information, information relating to health records, resident account information, and other information of a personal nature. Consultant shall not use or disclose any Confidential Information without the prior written consent of the Municipality. Consultant will use appropriate administrative, technical and physical safeguards to prevent the improper use or disclosure of any Confidential Information received from or on behalf of the Municipality. Upon the expiration or termination of this Contract, Consultant shall promptly cease using and shall return or destroy (and certify in writing destruction of) all Confidential Information furnished by the Municipality along with all copies thereof in its possession including copies stored in any computer memory or storage medium. The term "Confidential Information" does not include information that (a) is or becomes generally available to the public other than as a result of a breach of this Contract by the Consultant; (b) was in the Consultant's or Consultant Personnel's possession on a non - confidential basis from any source other than the Municipality, which source, to the knowledge of the Consultant, is entitled to disclose such information without breach of any obligation of confidentiality; or (c) is independently developed by the Consultant without the use of or reference to, in whole or in part, any Confidential Information. For avoidance of doubt, it is agreed that the GISC Materials shall not be considered Confidential Information. 9.5 Dissemination of Confidential Information. Unless directed by the Municipality, Consultant shall not disseminate any Confidential Information. If Consultant is presented with a request for documents by any administrative agency or with a subpoena duces tecum regarding any Confidential Information which may be in Consultant's possession as a result of Services provided under this Contract, unless prohibited by law, Consultant shall immediately give notice to the Municipality with the understanding that the Municipality shall have the opportunity to contest such process by any means available to it prior to submission of any documents to a court or other third party. Consultant shall not be obligated to withhold delivery of documents beyond the time ordered by a court of law or administrative agency, unless the request for production or subpoena is quashed or withdrawn, or the time to produce is otherwise extended. Consultant E X H V lI Q T A Page 9 of 22 shall cause its personnel, staff and subcontractors, if any, to undertake the same obligations regarding confidentiality and dissemination of information as agreed to by Consultant under this Contract. 9.6 Freedom of Information Act Requests. No less than five (5) business days after the Municipality's Notice to the Consultant of the Municipality's receipt of a request made pursuant to the lllinois Freedom of Information Act (ILCS 140/1 et seq. — herein "FOIA"), the Consultant shall furnish all requested records in the Consultant's possession which are in any manner related to this Contract or the Consultant's performance of the Services, including but not limited to any documentation related to the Municipality and associated therewith. The Consultant shall not apply any costs or charge any fees to the Municipality or any other person, firm or corporation for its procurement and retrieval of such records in the Consultant's possession which are sought to be copied or reviewed in accordance with such FOIA request or requests. The Consultant shall defend, indemnify and hold harmless the Municipality including its several departments and including its officers and employees and shall pay all of the Consultant's Costs associated with such FOIA request or requests including Costs arising from the Consultant's failure or alleged failure to timely furnish such documentation and/or arising from the Consultant's failure or alleged failure otherwise to comply with the FOIA, whether or not associated with the Consultant's and/or the Municipality's defense of any litigation associated therewith. In addition, if the Consultant requests the Municipality to deny the FOIA request or any portion thereof by utilizing one or more of the lawful exemptions provided for in the FOIA, the Consultant shall pay all Costs in connection therewith. As used herein, "in the Consultant's possession" includes documents in the possession of any of the Consultant's officers, agents, employees and/or independent contractors; and "Costs" includes but is not limited to attorneys' fees, witness fees, filing fees and any and all other expenses — whether incurred by the Municipality or the Consultant. 9.7 News Releases. The Consultant may not issue any news releases without prior approval from the Municipality Manager nor will the Consultant make public proposals developed under this Contract without prior written approval from the Municipality Manager. SECTION 10 LIMITATION OF LIABILITY 10.1 THE REPRESENTATIONS SET FORTH IN THIS CONTRACT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL EITHER THE CONSULTANT OR THE MUNICIPALITY BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST SALES OR PROFITS, IN CONNECTION WITH THIS CONTRACT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXHIBIT A Page 10 of 22 SECTION 11 CONSULTANT WARRANTY; INDEMNIFICATION; INSURANCE 11.1 Warranty of Services. The Consultant warrants that the Services shall be performed in accordance with industry standards of professional practice, care, and diligence practiced by recognized consulting firms in performing services of a similar nature in existence at the time of the Effective Date. Unless expressly excluded by this Contract, the warranty expressed shall be in addition to any other warranties expressed in this Contract, or expressed or implied by law, which are hereby reserved unto the Municipality. 11.2 Indemnification. The Consultant shall indemnify and save harmless the Municipality and its officers, employees, and agents from and against any and all loss, liability and damages of whatever nature, including Workmen's Compensation claims by Consultant's employees, in any way resulting from or arising out of the negligent actions or omissions of the Consultant, the Consultant's employees and agents. 11.3 Insurance. The Consultant must procure and maintain, for the duration of this Contract, insurance as provided in Attachment 2 to this Contract. 11.4 No Personal Liability No official, director, officer, agent, or employee of any party shall be charged personally or held contractually liable by or to the other party under any term or provision of this Contract or because of its or their execution, approval or attempted execution of this Contract. SECTION 12 GENERAL PROVISIONS 12.1 No Collusion. The Consultant represents and certifies that the Consultant is not barred from contracting with a unit of state or local government as a result of (i) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11-42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or (ii) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq. 12.2 Sexual Harassment Policy. The Consultant certifies that it has a written sexual harassment policy in full compliance with Section 2-105(A)(4) of the Illinois Human Rights Act, 775 ILCS 5/2-105(A)(4). 12.3 Compliance with Laws and Grants. Consultant shall give all notices, pay all fees, and take all other action that may be necessary to ensure that the Services are provided, performed, and completed in accordance with all required governmental permits, licenses, or other approvals and authorizations that may be required in connection with providing, performing, and completing the Services, and with all applicable statutes, ordinances, rules, and regulations, including without limitation the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited EXHIBIT A Page 11 of 22 classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. Consultant shall also comply with all conditions of any federal, state, or local grant received by Municipality or Consultant with respect to this Contract or the Services. 12.4 Assignments and Successors. This Contract and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment, delegation or subcontracting shall be made without the prior written consent of the Municipality. 12.5 Severability. The parties intend and agree that, if any paragraph, subparagraph, phrase, clause, or other provision of this Contract, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect. 12.6 Third Party Beneficiary. No claim as a third party beneficiary under this Contract by any person, firm, or corporation other than the Consultant shall be made or be valid against the Municipality. 12.7 Waiver. No waiver of any provision of this Contract shall be deemed to or constitute a waiver of any other provision of this Contract (whether or not similar) nor shall any such waiver be deemed to or constitute a continuing waiver unless otherwise expressly provided in this Contract. 12.8 Governing Laws. This Contract shall be interpreted according to the internal laws, but not the conflict of laws rules, of the State of Illinois. Venue shall reside in Cook County, Illinois. 12.9 Headings. The headings of the several paragraphs of this Contract are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit, or describe the scope of intent of any provision of this Contract, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 12.10 Modification or Amendment. This Contract constitutes the entire Contract of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written amendment or Supplemental Statement of Work duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. 12.11 Attachments and Exhibits. Attachments 1 and 2 and Exhibit A are attached hereto, and by this reference incorporated in and made a part of this Contract. In the event of a conflict between any Attachment or Exhibit and the text of this Contract, the text of this Contract shall control. In the event of any conflict or inconsistency between the terms of this Contract and any Supplemental Statement of Work, the terms of the Supplemental Statement of Work will govern and control with respect to the term, projected utilization rates, service rates and scope of services. . EXHIBIT A Page 112 of 22 12.12 Rights Cumulative. Unless expressly provided to the contrary in this Contract, each and every one of the rights, remedies, and benefits provided by this Contract shall be cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by law. 12.13 Notices. All notices, reports and documents required under this Contract shall be in writing (including prepaid overnight courier, electronic transmission or similar writing) and shall be given to such party at its address or e-mail address set forth below, or at such other address or e-mail address as such party may hereafter specify from time to time. Each such notice shall be effective (i) if given by first class mail or prepaid overnight courier, when received, or (ii) if sent to an e-mail address, upon the sender's receipt of an acknowledgment from the intended recipient (such as by the "return receipt requested" function, as available, return e-mail or other written acknowledgment). If to Municipality: City of Des Plaines Jon Duddles 1420 Miner Street Des Plaines, IL 60016 E-mail: jduddles@desplaines.org With a copy to: Holland & Knight LLC 131 South Dearborn Street, 30th Floor Chicago, Illinois 60603 Attention: Peter M. Friedman E-mail: peter.friedman@hldaw.com If to Consultant: Municipal GIS Partners, Incorporated Thomas A. Thomey 701 Lee Street, Suite 1020 Des Plaines, IL 60016 E-mail: tthomey@mgpinc.com 12.14 Counterpart Execution. This Contract, Statement of Work or any Supplemental Statement of Work may be executed in several counterparts, each of which, when executed, shall be deemed to be an original, but all of which together shall constitute one and the same instrument. [REMAINDER INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS] EAU➢IIIT .A Page 13 of 22 IN WITNESS WHEREOF, the undersigned have placed their hands and seals hereto as of the date first above written. ATTEST: CITY OF DES PLMNES By: By: Name: Name: Its: Its: ATTEST: CONSULTANT: f�ll�JNIDC[PAL GIS PARTNERS, INCORPORATED By: By: Name; Name: Thomas Thomey Its: Its: President EXHIBIT A Page 14 of22 Attachment 1 Statement of Work to GIS Consortium Service Provider Contract 1) General Purpose. The Consultant will perform all or part of the Municipality's geographic information system (GIS) management, development, operation, and maintenance. In addition to supporting the existing GIS program, the Consultant will identify opportunities for continued development and enhancement. The Municipality will be sharing management, development, maintenance expertise and staffing with other municipalities as a member of the Geographic Information System Consortium (GISC). The benefits to the Municipality include, but are not limited to, collective bargaining for rates and services, shared development costs, and joint purchasing and training. The Consultant is the sole Service Provider for GISC and is responsible for providing the necessary GIS professional resources to support this entity. The Consultant will facilitate and manage resource, cost, and technical innovation sharing among GISC members. 2) Service Types. The Consultant will provide two (2) service types. The intent of this distinction is to track specific types of investment without overburdening general operation of the GIS program. Many of these services will go unnoticed but are required to sustain the GIS program. The Consultant will employ reasonable professional discretion when specific direction is not provided. The two (2) services types are as follows: A. Services related to the direct management, development, operation, and maintenance of the GIS required to reasonably support the system. B. Services relating to the investigation, research, and development of new functionality and capability for the GIS Consortium and its members. 3) Services. The Consultant will provide the necessary resources to support the GIS program. The allocation of these resources will be reasonably commensurate with the level of expertise required to fulfill the specific task which includes, but is not limited to, the following: A. The GIS Specialist provides the daily operation, maintenance, and support of the GIS program for the community. The GIS Specialist is responsible for database development and maintenance, map and product development, user training, help -desk, system support, and program documentation. B. GIS/RAS (Remote Access Service) Specialist provides the same services as the GIS Specialist utilizing equipment hosted by the Consultant. C. The GIS Coordinator is responsible for the coordination and operation of the GIS program for the community including planning, forecasting, resource allocation and performance management. EMI -1111311T A Page 15 of 22 D. The GIS Analyst is responsible for providing technical support to the GIS Specialist including trouble -shooting, special projects, and access to GISC shared applications and extensions. The GIS Analyst also supports the development of GISC projects and programs. E. The GIS Platform Administrator is responsible for developing, managing, and directing the GISC solutions including the data model, databases and centralized software applications offered by the GISC. F. The GIS Application Developer is responsible for developing, testing, and supporting software applications developed by the GISC for its members. G. The GIS Manager is responsible for the overall development and implementation of the GISC program based on the direction and instructions of the GISC Board of Directors. 4) Projected Utilization and Service Rates. The service rates set forth below are based on, among other things, the negotiated annual projected utilization of all GISC members. The Consultant shall negotiate annually with the Board of Directors (the "Board") of GISC to adjust the annual projected utilization and service rates for the members of GISC. It is anticipated that the Consultant will submit its proposed annual projected utilization and service rates (the "Proposal") to the Board for approval every year on or about July 31st. Upon the Board's approval of the Proposal, the annual projected utilization and service rates shall become binding on the Municipality and incorporated into this Contract by reference, which shall automatically become effective on January 1st and remain in effect for the remainder of such calendar year. The approved annual projected utilization and the service rates will be promptly distributed by the Board or the Consultant to the Municipality. Notwithstanding the foregoing, in the event the Board, for any reason whatsoever (including the Board being disbanded) does not approve the Proposal, the Consultant may submit its proposed annual projected utilization and service rates directly to the Municipality by no later than October 1st, and upon written approval by the Municipality shall become effective on January 1st. Consultant agrees that, each year, the new aggregate annual contract value for the Municipality will not exceed the greater of (i) cost -of -living adjustments based on the CPI1 measured as of the most recent CPI number available prior to submitting the Proposal, or (ii) 3%. The GISC service and projected utilization rates set forth below are effective as of the Effective Date until December 31st: A. Projected Utilization 1. 1644 hours of GIS Specialist 1For purposes of this Contract, "CPI" shall mean the all items Consumer Price Index for all Urban Consumers in the Chicago -Gary -Kenosha area. In the event that publication or issuance of the Index is discontinued or suspended, the CPI shall be an index published or issued by the United States Department of Labor or any bureau or agency thereof that computes information from substantially the same statistical categories and substantially the same geographic areas as those computed in the CPI and that weights such categories in a substantially similar way to the weighting of the CPI at the Effective Date. The CPI rates, solely for reference purposes, may be accessed at http://www.bls.gov/ro5/cpichi.htm, it being understood that the Consultant makes no representation or warranty that the rates published on such website are accurate. EXHIBIT A Page 16 of 22 2. X hours of GIS/RAS Specialist 3. 164 hours of GIS Coordinator 4. 164 hours of GIS Analyst 5. 114 hours of GIS Platform Administrator 6. 114 hours of GIS Application Developer 7. 114 hours of GIS Manager B. Service Rates 1. $ 72.40 per hour for GIS Specialist 2. $ 75.90 per hour for GIS/RAS Specialist 3. $ 91.80 per hour for GIS Coordinator 4. $ 91.80 per hour for GIS Analyst 5. $114.70 per hour for GIS Platform Administrator 6. $114.70 per hour for GIS Application Developer 7. $114.70 per hour for GIS Manager Total Not -to -Exceed Amount for Services (Numbers): $188,494. Total Not -to -Exceed Amount for Services (Figures): One hundred eighty-eight thousand four hundred ninety-four dollars and zero cents. liXH1131TA Page 17off22 Attachment 2 To GIS Consortium Service Provider Contract Insurance Consultant's Insurance Consultant shall procure and maintain, for the duration of this Contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors. than: A. Minimum Scone of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Municipality named as additional insured, on a form at least as broad as the ISO Additional Insured Endorsement CG 2010 and CG 2026 2. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." 3. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers' Liability insurance. B. Minimum Limits of Insurance: Consultant shall maintain limits no less 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of $1,000,000. 2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of $500,000 per accident. C. Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the Municipality. At the option of the Municipality, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as it respects the Municipality, its officials, agents, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. EX H 1131 T A Page 18 of 22 D. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages: The Municipality, its officials, agents, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Municipality, its officials, agents, employees and volunteers. 2. The Consultant's insurance coverage shall be primary as respects the Municipality, its officials, agents, employees and volunteers. Any insurance or self- insurance maintained by the Municipality, its officials, agents, employees and volunteers shall be excess of Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Municipality, its officials, agents, employees and volunteers. 4. The Consultant's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Consultant shall be required to name the Municipality, its officials, employees, agents and volunteers as additional insureds 6. All general liability coverages shall be provided on an occurrence policy form. Claims -made general liability policies will not be accepted. 7. The Consultant and all subcontractors hereby agree to waive any limitation as to the amount of contribution recoverable against them by the Municipality. This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution such as Kotecki v. Cyclops Welding. E. All Coverages: Each insurance policy required by this paragraph shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Municipality. F. Acceptability of Insurers: Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. EXHIBIT A Page 19 of 22 G. Verification of Coverage: Consultant shall furnish the Municipality with certificates of insurance naming the Municipality, its officials, agents, employees, and volunteers as additional insured's and with original endorsements, affecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the Municipality before any work commences. The Municipality reserves the right to request full certified copies of the insurance policies and endorsements. L X H 0 0R fl' A Page 20 of 22 Exhibit A Form of Supplemental Statement of Work Pursuant to and in accordance with Section 1.2 of that certain GIS Consortium Service Provider Contract dated [INSERT DATE] (the "Contract") between the of (the "Municipality") and Municipal GIS Partners, Incorporated (the "Consultant") hereby agree to the following SUPPLEMENTAL STATEMENT OF WORK ("SOW): 1. Description of Additional Services: [None] or [Describe new services being provided or no longer being provided. Note if Supplemental Statement of Work is intended to replace a previously approved and effective Statement of Work] 2. Project Schedule/Term: [Insert date by which supplemental work must be commenced and completed with any appropriate milestones] 3. Projected Utilization: [Insert rate effective dates] A. B. C. D. E. F. G. hours of GIS Specialist hours of GIS/RAS Specialist hours of GIS Coordinator hours of GIS Analyst hours of GIS Platform Administrator hours of GIS Application Developer hours of GIS Manager 4. Service Rates: [Insert rate effective dates] A. $ per hour for GIS Specialist B. $ per hour for GIS/RAS Specialist C. $ per hour for GIS Coordinator D. $ per hour for GIS Analyst E. $ per hour for GIS Platform Administrator EXHIBIT A Page 21 of 22 F. $ per hour for GIS Application Developer G. $ per hour for GIS Manager Total Not -to -Exceed Amount for Services (Numbers) : $[INSERT] Total Not -to -Exceed Amount for Services (Figures) : [INSERT] In the event of any conflict or inconsistency between the terms of this SOW and this Contract or any previously approved SOW, the terms of this SOW will govern and control with respect to the term, projected utilization rates, service rates and scope of services. All other conflicts or inconsistencies between the terms of this Contract and this SOW shall be governed and controlled by this Contract. Any capitalized terms used herein but not defined herein shall have the meanings prescribed to such capitalized term in this Contract. IN WITNESS WHEREOF, the undersigned have placed their hands and seals hereto as of the date first above written. ATTEST: Municipality of By: Municipality Clerk [MUNICIPALITY/CITY] Manager ATTEST: CONSULTANT: MUNICIPAL GIS PARTNERS, INCORPORATED By By Its Its EXHI BQT A Page 22 of 22 CITY OF ��e4�r1 35I Thr DES PLAINES ILLINOIS Consent Agenda Items # 5 & 5a City of Des Plaines Public Works & Engineering Department 1111 Joseph Schwab Road Des Plaines, IL 60016 - Tel: 847-391-5464 Fax: 847-297-6801 MEMORANDUM Date: December 15, 2014 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Timothy Watkins, Assistant Director of Public Works & Engineering Timothy Oakley, P.E., CFM, Director of Public Works & Engineeringf Re: 2015 Annual Water Meter Purchase Issue: The Water Division purchases water meters with automated reading technology for the meter replacement program. The approved 2015 budget amount for the purchase and installation of water meters is $520,000. Analysis: The City maintains a program that standardizes all City water meters using Sensus metering devices. Utilizing Sensus meters exclusively helps reduce the number and type of replacement parts we need to keep in stock. In 2012, Council authorized staff to enter into an agreement with the local Sensus distributer, HD Supply Waterworks, Ltd., for the purchase and implementation of a fixed base meter reading system and associated water meters. The meter reading system is in place and staff is actively testing and replacing water meters throughout the City. HD Supply is extending their 2012 prices for the water meters purchased through December 31, 2015. Additionally, HD Supply has provided a proposal for the water meter installations using their Sensus authorized installation contractor, United Meter Inc. United Meter has performed water meter installations for many municipalities including Wheeling, Morton Grove and Des Plaines. This service would be used on as -needed basis, depending on the complexity and size of the meter being replaced. Recommendation: We recommend the purchase of the Sensus water meters and installation services on an as -needed basis from their authorized distributor, HD Supply Waterworks, 220 South Westgate Drive, Carol Stream, Illinois 60188. Source of funding will be the Water System Fund, Miscellaneous Contractual Services (500-00-550-6195) in the amount of $175,000 and Water Meters (500-00-550-7070.070) m the amount of $345,000. Attachments: Resolution R-4-15 Exhibit A — HD Supply Proposal Page 1 of 5 CITY OF DES PLAINES RESOLUTION R - 4 - 15 A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF SENSUS WATER METERS FROM HD SUPPLY WATERWORKS, LTD. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City is in the process of replacing all City water meters with Sensus water metering equipment; and WHEREAS, the City has appropriated in the Water System Fund, for use by the Department of Public Works and Engineering during the 2015 fiscal year: (i) $345,000 for the purchase of Sensus water meters ("Water Meters"); and (ii) $175,000 for the installation of the Water Meters; and WHEREAS, on November 13, 2012, the City Council adopted Resolution R-140-12, approving an agreement ("Agreement") with HD Supply Waterworks, Ltd. ("Vendor"), and authorizing the purchase and installation of the Water Meters, certain automated meter reading equipment, and repair parts (collectively, the "Water Meter Equipment"); and WHEREAS, on January 6, 2014, the City Council adopted Resolution R-9-14, approving a renewal of the Agreement ("Renewal Agreement"), which: (i) extended the pricing for the Water Meter Equipment set forth in the Agreement through December 31, 2015; and (ii) provided for the continued purchase and installation of the Water Meter Equipment; and WHEREAS, in accordance with Section 1-10-14 of the City Code, City staff has determined that the purchase and installation of the Water Meter Equipment is not adapted to award by competitive bidding because the Water Meters are only available from a single source; and WHEREAS, pursuant to and in accordance with the Renewal Agreement, the City desires to: (i) purchase additional Water Meter Equipment from Vendor in the not -to -exceed amount of $345,000; and (ii) procure Water Meter Equipment installation services from Vendor in the not - to -exceed amount of $175,000 (collectively, the "Expenditures"), for a total not -to -exceed amount of $520,000 for the Expenditures; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve and authorize the Expenditures; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: 1 Page 2 of 5 SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: WAIVER OF COMPETITIVE BIDDING. The requirement that competitive bids be solicited for the purchase and installation of the Water Meter Equipment is hereby waived. SECTION 3: APPROVAL OF EXPENDITURES. Pursuant to and in accordance with the Renewal Agreement with Vendor, the City Council hereby approves: (i) the purchase of Water Meter Equipment from Vendor in the not -to -exceed amount of $345,000; and (ii) the procurement of Water Meter Installation Services from Vendor in the not -to -exceed amount of $175,000, for a total not -to -exceed amount of $520,000 for the Expenditures. SECTION 4: AUTHORIZATION OF EXPENDITURES. The City Council hereby authorizes and directs the City Manager to issue payment to Vendor during the 2015 fiscal year for: (i) the purchase of Water Meter Equipment from Vendor in the not -to -exceed amount of $345,000; and (ii) the procurement of Water Meter Installation Services from Vendor in the not - to -exceed amount of $175,000, for a total not -to -exceed amount of $520,000 for the Expenditures. SECTION 6: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2015. APPROVED this day of , 2015. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP -Resolution Approving Purchase of Water Meters from HD Supply Waterworks 2015 #34295878_v2 2 Page 3 of 5 SUPPLY WATERWIRKS. December 9, 2014 City of Des Plaines 1111 Joseph J. Schwab Road Des Plaines, IL 60016 Attn: Mr. Tim Watkins I am pleased to inform you that HD Supply Waterworks has extended pricing on the following Sensus water meter material firm through December 31, 2015. I have also included pricing from our authorized Sensus installation contractor, United Meter Inc., if the need arises to assist you in your meter changeouts. New 5/8"- 1" iPERL Water Meters 5/8" Sensus iPERL Water Meter 3/4"S Sensus iPERL Water Meter (7 1/2"LL) 3/4" Sensus iPERL Water Meter (9"LL) 1" Sensus iPERL Water Meter New 1 1/2" - 2" OMNI R2 Water Meters 1 1/2" Sensus OMNI R2 Water Meter 2" Sensus OMNI R2 Water Meter New 1 1/2" - 6" OMNI C2 Water Meters 1 1/2" Sensus OMNI C2 Water Meter 2" Sensus OMNI C2 Water Meter 3" Sensus OMNI C2 Water Meter 4" Sensus OMNI C2 Water Meter 6" Sensus OMNI C2 Water Meter 8" Sensus OMNI C2 Water Meter Note: 10" OMNI C2 Water Meter Pricing Available Upon Request 510M Single Port, 3 -Wire 510M Single Port, TouchCoupler 520M Single Port, 3 -Wire 520M Single Port, TouchCoupler 510M Dual Port, 3 -Wire 510M Dual Port, TouchCoupler 520M Dual Port, 3 -Wire 520M Dual Port, TouchCoupler 6' TRPL 3 Wire Connector 25' TRPL 3 Wire Connector Pit Version Pit Version Pit Version Pit Version FlexNet SmartPoints Accessories $103.00 ea. $103.00 ea. $116.00 ea. $151.00 ea. $372.00 ea. $523.00 ea. $839.00 ea. $968.00 ea. $1,226.00 ea. $2,130.00 ea. $3,675.00 ea. $5,935.00 ea. $102.00 ea. $107.00 ea. $118.00 ea. $110.00 ea. $117.00 ea. $119.00 ea. $128.00 ea. $124.00 ea. $14.00 ea. $16.00 ea. EXIII111MT A Page 4 off 5 United Meters, Inc. Installation Rates Replace 5/8" thru 1" Meter and Install SmartPoint using existing wire. Replace 1 1/2" Meter and Install SmartPoint using existing wire. Replace 2" Meter and Install SmartPoint using existing wire. Replace 3" Meter and Install SmartPoint using existing wire. Replace 4" Meter and Install SmartPoint using existing wire. Replace 6" Meter and Install SmartPoint using existing wire. Additional charge per Installation to Replace 5/8" thru 1" meter in pit. Additional charge per Installation to Replace 1 1/2" meter in pit. Additional charge per Installation to Replace 2" meter in pit. Additional charge per Installation to Replace 3" meter in pit. Additional charge per Installation to Replace 4" meter in pit. Remove and Replace Ball Valve 3/4" Remove and Replace Ball Valve 1" Remove and Replace Bali Valve 1 1/2" Remove and Replace Ball Valve 2" Additional Charge to Install New Wire form Meter to SmartPoint outside Freeze Water Service Line up to 1" Man Hour Labor to Repair and/or Replace Plumbing Correct Hard Plumbed Meter with Meter Coupling per side Labor Only to Install Grounding Wire on 5/8" thru 1" meter *** United Meter Inc. Disclosures *** Prices are based on at least 12 appointments per day. Prices are for 'Labor Only' to replace meter with same lay length meter. Pit installations larger than 4" will be quoted after inspection of existing. Pricing does not include providing Payment/Performance Bond. 2015 Pricing 1/1/15 to 6/30/15 7/1/15 to 12/31/15 $103.00 ea $106.00 ea $235.00 ea $242.00 ea $245.00 ea $252.00 ea $505.00 ea $521.00 ea $645.00 ea $665.00 ea $1095.00 ea $1129.00 ea $135.00 ea $139.00 ea $310.00 ea $320.00 ea $310.00 ea $320.00 ea $695.00 ea $716.00 ea $915.00 ea $943.00 ea $155.00 ea $160.00 ea $165.00 ea $170.00 ea $325.00 ea $335.00 ea $375.00 ea $385.00 ea $45.00 ea $45.00 ea $235.00 ea $240.00 ea $135.00 ea $139.00 ea $95.00 ea $98.00 ea $30.00 ea $30.00 ea Pricing thru June 30th 2015 will remain at the same rates as 2014; however, there will be an increase starting July 1 2015 due to plumbers union wage increases. We appreciate and trust that our product, prices and service will continue to meet with your approval, Sincerely, Mark Baran Territory Manager EXHIBIT A Page 5 of 5 F i3 35 DES PLAINES ILLINOIS Consent Agenda Items # 6 & 6a City of Des Plaines Public Works and Engineering Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5390 Fax: 847-391-5619 MEMORANDUM Date: December 11, 2014 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineerin Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering L Subject: 2015 Motor Fuel Tax Maintenance Resolution Section Number 15 -00000 -00 -GM Issue: In order for municipalities to expend Motor Fuel Tax funds on annual maintenance operations, the Illinois Department of Transportation (IDOT) requires a Municipal Estimate of Maintenance Costs and a Resolution for Maintenance of Streets and Highways by Municipality under the Illinois Highway Code. Analysis: The Municipal Estimate of Maintenance Costs itemizes all Motor Fuel Tax maintenance expenditures proposed for 2015 in the City of Des Plaines, which includes Sidewalk Improvements ($500,000), Street Crack Filling ($80,000), Repair and Maintenance of Traffic Signals ($44,000), Electric Energy costs for Street Lighting and Traffic Signals ($232,000), Ice Control ($350,000), Alley Reconstruction ($229,972), Curb Improvements ($225,000) and Material Testing ($40,000). These items and amounts are included in the 2015 Motor Fuel Tax Fund budget and total $1,700,972. It should be noted that the total sidewalk improvement amount for 2015 is $750,000. Funding will be split between the MFT Fund ($500,000) and Capital Projects Fund ($250,000). Recommendation: We recommend approval of the Municipal Estimate of Maintenance Costs and adoption of the IDOT Resolution for Maintenance of Streets and Highways. Attachments: Attachment 1 - Municipal Estimate of Maintenance Costs Attachment 2 - IDOT Resolution for Maintenance of Streets & Highways Resolution R-5-15 Page 1 of 4 Illinois Deal of Transpor a Mainatenance Period 1/1/2015 to 12/31/2015 Muncipality: Section Number: 15 - 00000 - 00 - GM Municipal Estimate of Maintenance Costs Des Plaines Estimated Cost of Maintenance Operations Maintenance Operation (No. Description) Maint. Group Insp. Req.' For Grou I, IIA, IIB, or III Est Total Operation Cost Item Unit Quantity Unit Price Item Cost 1.) Sidewalk, Curb and Alley Improvements IV e Bid out by City (Contract) 954,972.00 15 -00000 -01 -GM 2.) Maintenance of Traffic Signals II By Agreement with IDOT, Cook 44,000.00 15 -00000 -02 -GM county Highway Department and Village of Mount Prospect 3.) Ice Control IIB Salt and CaCL purchase bid out ° 350,000.00 15 -00000 -03 -GM by City thru CMS 4.) Electricity Costs II treet Lighting and Traffic Signals I 232,000.00 15 -00000 -04 -GM I 5.) Street Crack Filling IIB Bid out by City (Contract) 80,000.00 15 -00000 -05 -GM Total Estimated Maintenance Operation Cost 1,660,972.00 Preliminary Engineering Engineering Inspection Material Testing 40,000.00 Advertising Bridge Inspections Total Estimated Maintenance En•ineerin• Cost 40,000.00 Total Esimated Maintennace Cost 1,700,972.00 Submitted: Printed on 12/22/20143:25 PM ATTACHMENT Il Approved: BLR 14231 (Rev. 07/16/13) Page 2 of 4 Illinois Department of Transportation Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Mayor and City Council of the City (Council or President and Board of Trustees) of Des Plaines , Illinois, that there is hereby (City, Town or Village) (Name) appropriated the sum of $1,700,972.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from January 1, 2015 to December 31, 2015 (Date) (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department , a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Schaumburg , Illinois. I, Gloria J. Ludwig Clerk in and for the City of Des Plaines , County of Cook (City, Town or Village) hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Mayor and City Council at a meeting on January 5, 2015 (Council or President and Board of Trustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) City Clerk (City, Town or Village) Approved Regional Engineer Department of Transportation Date Printed 12/22/2014 BLR 14230 (Rev. 07/15/13) ATTACHMENT 2 Page 3 of 4 CITY OF DES PLAINES RESOLUTION R - 5 - 15 A RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGIHIWAY CODE (15 -00000 -00 -GM) BE IT RESOLVED, by the Mayor and City Council of the City of Des Plaines, Illinois, that there is hereby appropriated the sum of $1,700,972 of Motor and Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from January 1, 2015 to December 31, 2015. BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period specified above. BE 1T FURTHER RESOLVED, that the Clerk shall, as soon as practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Schaumburg, Illinois. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2015. APPROVED this day of , 2015. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP -Resolution Motor Fuel Tax for Street Maintenance IDOT 2015 1 Page 4of4 CITY Of DES PLAINES ILLINOIS Consent Agenda Items # 7 & 7a City of Des Pidnes Public Works & Engineering Department 1111 Joseph Schwab Road Des Plaines, IL 60016 Tel: 847-391-5464 Fax: 847-297-6801 MEMORANDUM Date: December 17, 2014 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Timothy Watkins, Assistant Director of Public Works & Engineering Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering Re: Alternative Water Supply System Improvements, Phase 3 - Engineering Services Issue: Improvements to the Northwest Water Commission's reservoir and pumping station are needed in order to receive water from an alternative water source at our Central Road Pumping Station and Reservoir site. Analysis: As part of the agreement with the Northwest Water Commission, the City is obligated to make modifications to the NWC facility. Some of these improvements include: • Transmission main modifications at the site • New metering and valve appurtenances • Electric control modifications We requested and received a proposal from MWH Americas, our water supply professional engineering consultants, to perform the engineering and design services for this project. The proposal for Phase 3 (Task Order No. 6), which includes the above described improvements, is $110,100. Recommendation: We recommend approval of Task Order No. 6 in the amount of $110,100 from MWH Americas, Inc., 175 West Jackson Blvd., Suite 1900, Chicago, Illinois, 60604. Source of funding would be budgeted Water Fund, Professional Services (500-00-580-6000) account. Attachments: Resolution R-7-15 Exhibit A — MWH Task Order No. 6 Page 1 of 15 CITY OF DES PLAINES RESOLUTION R - 7 - 15 A RESOLUTION APPROVING TASK ORDER NO. 6 WITH MWH AMERICAS, INC., FOR ENGINEERING AND DESIGN SERVICES. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, on August 19, 2013, the City Council approved Resolution R-135-13, which authorized the City to enter into a master contract ("Master Contract") with MWH Americas, Inc. ("Consultant"), for the performance of certain engineering services related to the City's water system as needed and directed by the City; and WHEREAS, on September 15, 2014, the City Council approved Resolution R-183-14, which authorized the City to enter into an agreement ("Agreement") with the Northwest Water Commission ("NWWC") for the City to obtain an alternative source of water from the NWWC; and WHEREAS, pursuant to the Agreement with NWWC, the City must make certain improvements to the NWWC pump station ("Improvements"); and WHEREAS, the City desires to enter into Task Order No. 6 under the Master Contract with Consultant in the not -to -exceed amount of $110,100 ("Task Order No. 6") to procure engineering and design services related to the Improvements ("Services"); and WHEREAS, in accordance with Section 1-10-14 of the City Code of the City of Des Plaines, the City has determined that procurement of the Services is not adapted to award by competitive bidding because the Services require a high degree of professional skill where the ability or fitness of the individual plays an important part; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into Task Order No. 6 with Consultant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: WAIVER OF COMPETITIVE BIDDING. The requirement that competitive bids be solicited for the procurement of the Services is hereby waived. Page 2 of 15 SECTION 3: APPROVAL OF TASK ORDER NO. 6. The City Council hereby approves Task Order No. 6 in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel, in the not -to -exceed amount of $110,100. SECTION 4: AUTHORIZATION TO EXECUTE TASK ORDER NO. 6. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, final Task Order No. 6 only after receipt by the City Clerk of at least one executed copy of Task Order No. 6 from Consultant; provided, however, that if the City Clerk does not receive one executed copy of Task Order No. 6 from Consultant within 60 days after the date of adoption of this Resolution, then this authority to execute and seal Task Order No. 6 will, at the option of the City Council, be null and void. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2015. APPROVED this day of , 2015. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal\Res120151DP-Resolution Approving Task Order No 6 with MWH Americas for Engineering and Design services #34295906_v2 Page 3 of 15 Task Order No. 06 City Des Plaines, Illinois And MWH Americas, Inc. TASK ORDER NO. 06 —Northwest Water Commission Meter Vault In accordance with Section 1.2 of the Master Contract dated August 19, 2013 between the City of Des Plaines (the "City") and MWH Americas, Inc., (the "Consultant"), the Parties agree to the following Task Number 06: Northwest Water Commission Meter Vault. PURPOSE The purpose of this Task Order is to: Provide engineering design services for the design of a meter vault and interconnection piping to be constructed at the site of the Northwest Water Commission (NWC) Pump Station located on Wolfe Road. The interconnection and meter vault will allow NWC to control and meter flow from the NWC Pump Station through the new conveyance line to Central Road Pump Station. PROJECT ASSUMPTIONS The following assumptions are represented within this Scope of Work. 1. The work under this task order will be completed in parallel with the work for Task Order 4 (NWC Conveyance Line). The design document (drawings and specifications) will be included as part of the design and contract documents for Task Oder 4 and will be bid as a single contract. 2. The work on this Project (pre -design through the final engineering phase) will be completed 5 months from authorization to proceed. 3. The City intends to use a traditional (design -bid -build) project delivery method. 4. The drawings will follow MWH CAD standards. The ENGINEER will provide the final design drawings to the City in an AutoCAD format. 5. Unless otherwise noted, it is assumed that ENGINEER will receive consolidated review comments from the City and NWC on all interim and draft submittals within one (1) week following delivery. 6. Unless otherwise noted all deliverables for each submittal phase of the work will consist of one electronic copy in Acrobat (pdf) or other standard format (e.g. Word, Excel). Electronic drawing files will be created at half size (11"x17"). Task Order No. 06 Page 1 of 12 EXHIBIT A Page 4 of 15 7. The City and/or the NWC will obtain and pay for all land ownership/rights, right -of - entry, rights-of-way and easement acquisitions, permits and licenses in the name of the City, which are necessary for performance of the services and construction of the Project. 8. It is assumed that the City will process any permits necessary to conduct any of the included scope items or construction unless otherwise specifically indicated in this task order. 9. The NWC will complete all SCADA integration at the NWC Pump Station. 10. It is assumed that the interconnection and meter vault designed under this task order will be located in the southeast corner of the NWC property and that the new conveyance line will be routed along the ComEd easement adjacent to the eastern edge of the NWC property. 11. The single 480V feeder from an existing MCC to the new vault & its related equipment will be included in the design. Two feeders and/or additional back-up power are not being provided SERVICES BY CONSULTANT The Consultant's efforts under this task order will consist of the following tasks: • Task 1 Kickoff Meeting and Prepare Preliminary Design Report • Task 3 — Detailed Design • Task 4 — Project Management, Coordination and QA/QC Key elements of each task are outlined below. Task 1 - Kickoff Meeting and Prepare Preliminary Design Report The Consultant will meet with NWC and City staff to coordinate technical and contract requirements. It is anticipated that the kickoff meeting will be attended by up to two (2) staff members from the Consultant. As part of the kickoff meeting, decisions regarding major components of the project will be agreed upon so that the team can begin compiling the preliminary design report. It is assumed that all decisions required to begin design will be made at this meeting. Other action items for the meeting/workshop include: • Review of project objectives and constraints • Definition of key features of the contract, lines of communication and schedule • Field visit and confirmation of existing facilities • Determination of major design components allowing for start to the detailed design phase. • Preparation of meeting minutes and items for action Meetings • One -day kickoff/field investigation meeting Task Order No, 06 Page 2 of 12 EXHIBIT A Page 5 of 15 Deliverables • Minutes from Kickoff Meeting/workshop Prepare Preliminary Design Report The City of Des Plaines plans to receive up to 5-mgd of water from the NWC via a new interconnection between the NWC Pump Station and the City's Central Road Pump Station. Task Order 3, under the agreement includes the design of modifications to the Central Road Pump Station required to accept and pump water into the distribution system and Task Order 4 includes the design of the conveyance main from the NWC property line to the Central Road Pump Station. This task order (Task Order 6) will include the design for modification required at the NWC Pump Station site to connect the NWC pump station to the conveyance main. The modifications include tapping into an existing 24" bypass that runs along the east side of the NWC pumps station, new meter vault which will house a flow control valve and meter, and 24" interconnection pipe from the existing bypass to the connection to the conveyance main at the NWC property limits. The Consultant will review the existing "as -built" documents provided by NWC of the layout and arrangement at the NWC Pump Station. Based on this review and the decisions made at the Kickoff Meeting to be held under Task 1, a Preliminary Design Report (PDR) will be produced. It is anticipated that the PDR will be in the form of a Technical Memorandum. The Consultant will prepare an opinion of probable construction cost (OPCC). The OPCC will be an AACE Class 4 estimate. It is anticipated that the design will include: • Installation of a new connection to the existing 24" ductile iron pipe (bypass) which runs along the east side of the NWC Pump Station • Installation of a new, coast-in-placce, below grade vault which will house a new flow control valve and flow meter to control flow rate to the Central Road Pump Station. A metal, pre-engineered type building will be installed above the vault and will house local electrical equipment associated with the meter and valve. • Installation of bypass pipe around the vault and isolation valve(s) required to allow flow to bypass the vault. • Installation of piping connecting the vault and bypass to the conveyance main connection point at the edge of the NWC property line. • New 480 V power feed from existing panel or MCC to the new meter vault. One week after submittal of the Preliminary Design Report, the Consultant will meet with the NWC and the City to review and finalize comments regarding the PDR. The Consultant will provide the city with three hardcopies of the draft and final PDR as well as an electronic copy. Surveying Task Order No. 06 Page 3 of 12 EXHIBIT A Page 6 of 15 MWH's surveying sub consultant will provide surveying and base map preparation services for the project. Mapping of the southeast area of the NWC Pump Station will completed by ground survey methods. The survey work scope will include: (1) field survey to locate existing utilities within the proposed construction area based on visible utility features and as identified by a utility location service, (2) vertical and horizontal control survey including the location and description of monuments and (3) survey locations of geotechnical test pits and borings. Geotechnical Investigation A geotechnical investigation including up to two, 25 -ft deep borings at the NWC Pump Station will be included to ascertain the subsurface information required to complete the design of the meter vault. It is anticipated that the field work a3ssociated with the geotechnical investigation will be completed in two days. Environmental borings are not included in the scope. Corrosion Protection Investigation Corrosion protection investigation will include evaluation of existing soil conditions by a corrosion specialist. It is anticipated that a passive cathodic protection system will be designed based on the findings of the investigation. The cathodic protection system is assumed to include sacrificial anodes and 1 test station. Meetings • One -day PDR review meeting Deliverables • Draft and Final Preliminary Design Report. hardcopies plus electronic copy Submit three (3) • Minutes from PDR review meeting • Class 4 OPCC Task 2 — Detailed Design Based on the design criteria developed in the PDR, a detailed set of drawings and specifications will be prepared suitable for use as bid documents, as described below. It is assumed that all contract documents produced as part of this scope will be included in a single bid package along with those for Task Order 4 (NWC Conveyance Line). The effort associated with this task is based on the assumption that the technical design documents will include those additional Specifications and Drawings listed in Appendix A. Three sets of construction drawings and specifications will be produced and submitted for review at the 00% and at the 100% design progress milestones. The drawings will be provided as half-size sets (11 by 17 -inch) for these reviews. The bid documents will consist of construction drawings and specifications and will be prepared, as follows: Construction Drawings. The construction drawings will be prepared using AutoCAD 2013 software. The City will be provided with an electronic and a reproducible set of the drawings upon completion of the design process. The reproducible set will be standard Task Order No. 06 Page 4 of 12 EXHIBIT A Page 7 of 15 24- by 36 -inch sheets. It is assumed that MWH will digitize existing record drawings for use as background drawings. Specifications. The specifications will be prepared using the Consultant's in-house set of master construction specifications for the technical specifications (MF -2004 format). For this scope it is assumed that the design work will include the following: • Yard Piping: Design of a new 24" ductile iron pipe from a new connection point on the existing bypass on the NWC property to the new conveyance main at the southeast corner of the NWC property. This piping includes a bypass around the new meter vault. • Meter Vault: Installation of new below grade vault to house new flowmeter and flow control valve: The Vault is assumed to be a maximum of 12' x 20' internal dimensions and will be buried to a depth of no greater than 10 feet, The vault will be supplied with a sump and sump pump for removal of nuisance water which will discharge just outside of the vault. The vault also will be provided with a pre-engineered building at grade with a single door for access to the vault. The pre-engineered building will be provided with ventilation fan, unit heaters, and lighting. It is assumed that the vault/building will not require air conditioning. Platform grating and stairs within the vault will be galvanized steel. It is assumed that foundation piles will not be necessary and that there is no contaminated soil on the site. • Flowmeter: The flowmeter housed in the vault will be a 24" insertion style magnetic meter with an analog output. • Flow control valve: It is anticipated that the flow control valve will be a cone style valve with electric motor actuator capable of being controlled locally and via the NWC SACDA system. • Electrical Modifications: Connection to the existing 480V panel or MCC for supply to the meter vault. Transformer and local panels required for the vault equipment will be installed in the meter vault building. No modifications to the existing 480V panel or MCC in the electrical building are expected other than those required to connect the new cable for power. • Instrumentation and Controls: The flow control valve will have the capability of being controlled locally or via the NWC SCADA system. Signals for the valve, meter, intrusion, flood, etc. will be wired back to an existing UO panel located in the existing electrical room located to the north of the Pump Station. It is assumed that no additional control panels will be required in the existing electrical room. Task Order No. 06 Page 5 of 12 EXHIBIT A Page 8 of 15 At the 100% design stage the Consultant will include the design documents for this task order (drawings and specifications) in the IEPA construction permit application that will be submitted as part of Task Order 4. After completing each of the 60% and 100% design submittals, an opinion of probable construction cost (OPCC) will be prepared for the work included under this Task Order. This cost estimate will follow AACE guidelines for a Class 4 and 2 estimates for the 60% and 100%, respectively. The estimates will include a summary of the overall construction costs as well as a detailed breakdown of the estimated material, equipment, and labor costs for construction of each project facility. The construction cost for this work will be incorporated into the OPCC for Task Order 4. Meetings • 60% and 100% design comment review meetings attended by up to three MWH engineers Deliverables • Responses to comments on 60% and 100% submittal comments • Three copies of 60% and 100% design packages (specifications and half-size drawings). • One electronic and one reproducible set of bidding documents including design drawings and specifications • Class 4 and 2 OPCC at 60% and 100% design stage, respectively • IEPA construction permit application Task 3 — Project Management, Coordination and QA/OC The Consultant utilizes customized project management tools to monitor project progress and facilitate "mid -course" adjustments as required to move a project to successful completion. Key elements of the project management approach for this assignment will include frequent and regular communication with City staff, regular monitoring and reporting of project progress and expenditures, and periodic senior review of technical analyses and deliverables. Communication between the Consultant and the City will be coordinated by the Consultant's Project Manager and include the Client Service Manager as needed. Key points of contact will be established at the project kickoff meeting. During the course of the project, communications will be maintained through, weekly phone updates and informal correspondence as required by the project. Monitoring of project progress and expenditures will be performed by the Consultant's Project Manager through regular team meetings and weekly reviews of costs using the Consultant's Primavera system. Primavera provides project managers with project cost data up through the previous week. As a result, the Consultant's project managers have ready access to cost data and can quickly identify and resolve issues before they become serious problems. Task Order No. 06 Page 6 of 12 FAHlWT ,.% Page 9of15 QA/QC will be provided by senior engineers within the Consultant's organization through internal review sessions. Key stages in the project where senior review is anticipated include the 60% submittal, and 100% submittals. Where appropriate, QA/QC reviews will be scheduled at the outset of the project to allow sufficient time for consideration of comments prior to submittal of deliverables to the client. The following tasks are not included in this Task Order: 1) Engineering Services during the bidding period or evaluation of bids. 2) Engineering Services during construction or Construction Management/Resident Engineering services, PERIOD OF SERVICE The Consultant's services will begin upon approval and execution of this Task Order by both parties and shall be completed within 5 months after the Notice to Proceed (NTP). Key Milestone Dates are as follows: Receive "as -built" documents from NWC Kickoff Meeting/Field Investigation Submit Draft Preliminary Design Report Receive City Comments on Draft PDR Submit Final Preliminary Design Report Submit 60% Design Documents (Completed in parallel with PDR) Receive City Comments on 60% Submittal Submit 100% Design Documents Receive City Comments on 100% Submittal Submit Bidding Documents PAYMENT 1 week after NTP 2 weeks from NTP 6 weeks from NTP 7 weeks from NTP 8 weeks from NTP 12 weeks from NTP 13 weeks from NTP 18 weeks from NTP 19 weeks from NTP 21 weeks from NTP The City shall pay the Consultant on a cost plus reimbursables basis in accordance with the rate schedule shown below. The Consultant's total compensation for services identified in this Task Order shall not exceed the amount of $110,100 unless authorized by the City. This cost is broken down at the task level as indicated in Table 1 below. TABLE 1 SUMMARY OF TASKS AND COSTS Task Order No. 06 Page 7 of 12 EXHIBIT A Page 10 of 15 Task Labor Hours Labor Costs Direct Costs & Subs Estimated Cost/Task Task 1 - Kickoff Meeting and Prepare Preliminary Design Report 59 $10,500 $10,000 $20,500 Task 2 — Detailed Design 488 $76,900 $3,800 $80,700 Task 3 — Project Management, Coordination and QA/QC 56 $8,900 $0 $8,900 TOTAL 603 $96,300 $13,800 $110,100 MWH Hourly Billing Rates - 2014 Company Officer Principal Engineer/Scientist Project Manager/Lead Engineer Senior Engineer/Scientist Professional Engineer/Scientist Associate Engineer/Scientist Admin/Financial Support Task Order No. 06 Page 8 of 12 $250.00/hour $206.00/hour $170.00/hour $144.00/hour $123.00/hour $103.00/hour $98.00/hour EXHIBIT A Page 11 of 15 EFFECTIVE DATE This Task Order is effective as of the 23`d day of December 2014. IN WITNESS WHEREOF, duly authorized representatives of the CITY and of the CONSULTANT have executed this Taslc Order evidencing its issuance by the CITY and acceptance by the CONSULTANT. Accepted this 23`' day of December, 2014. ALL OTHER TERMS AND CONDITIONS OF THE MASTER CONTRACT REMAIN UNCHANGED. CONSULTANT: CI'I'Y: MWH Americas, Inc. City of Des Plaines Illinois By: Tania Fla Senior P ommercial Leader On behalf of Chris Young Vice President Central Business Unit Leader Task Order No. 06 Page9of 12 By: Name Title EXHIBIT A Page 12 of 15 Appendix A -- List of Anticipated Technical Documents DRAWINGS: Note: Drawings for this task order will be combined with those under Task Order 4 as the work will be bid as one contract. G-1 Key Maps 0-2 Horizontal and Vertical Control C-1 Civil Site Plan C-2 Civil Yard Pipe C-3 Civil Details C-4 Cathodic Protection S-1 Vault Foundation and Roof Plan S-2 Vault Elevations, Sections and Details A-1 Pre -Engineered Building Plans and Elevations A-2 Pre -Engineered Building Sections and Details M-1 Vault Mechanical Plan M-2 Vault Sections and Details E-1 One -Line & Elevation E-2 Electrical Site Plan E-3 Electrical Layout and Lighting Plan E-4 Panelboard Schedule Existing & Revised E-5 Conduit & Wire I-1 P&ID — Valve Vault GH -1 HVAC Symbols, Notes, and Abbreviations GH -2 Equipment Schedules and Controls 01-1-3 Standard Details H- I HVAC Floor Plan 11-2 HVAC Sections and Details SPECIFICATIONS: Note: Specifications for this task order will be combined with those under Task Order 4 as the work will be bid as one contract. Specifications below in italics are specifications in Task Order 4 which will be modified. Specifications below in bold text are those which will be new for this Task Order (not included in Task Order 4). Specifications below with st--rikethfough text are specification that will be in the Task Oder 4 which are not anticipated to require modification for the work under this task order. 011000 Summary of Work 011 400 Construction Constraints 012900 Measurement and Payment Task Order No. 06 Page 10 of 12 EXHIBIT A Page 13 of 15 012973 Schedule of Valves 843214 CPM Construction Schedule 0300 Contractor Submittals 013553 Site Security 014160 Special Inspections 011213 011219 Reference Standards 04-4508 014000 Mobilization 015010 Protection of Existing Facilities 044100 Temporary -Utilities 014200 04-5-508 015719 Temporary Environmental Controls 015813 Temporary Project Sign 016000 0464-00 04-7440 Structures 01-74.30 Pressure Pipe- Testinand D of ction 817-500 . . 04-77440 Project Gleseeut 04-7900 Owner -Staff -Training 019300 Mice 8204-88 022200 022213 Settlement Monitoring 024119 Demolition and Reconstruction 03030 •- • ' 0-3-1-1-00 Gencrete-Por-ng 032400 Reinforcement -Steel 033-1-00 Cast In Place Concrete 033200 Joints I., Concrete 05-5000 079211 Sealants and Cc*ulking 084-416 08100 Deer -Hardware 099600 Protective Coating 133419 Pre -Engineered Metal Buildings 230000 Heating, Ventilation, and Air Conditioning, General 230923 HVAC Instrumentation and Controls Task Order No. 06 Page 11 of 12 EXHIBIT A Page 14 of 15 231560 Electric Heating Equipment 233400 Fan Equipment 2€0000 260126 260515 260519 260526 260533 260536 Wiring Do 260513 2605-50 Electric Heat Tracing 261216 Panel boards and Transformers 265000 Lighting 312319 Dewatering 343000 Earthwork 41414-9 Geotextile& 313526 Erasion -Control Barrier 323113 Chain Link Fencing 429200 4eeding-and-Sedding 3-39220 Ductile Iron Piping (AW WA C151, Modified) 409100 Process Control and Instrumentation 409102 In -Line Liquid Flow Measuring 131050 Ing, General 431051Identification 431052 worts 433000 Valve General 43-30.1 433014 Butterly -Valves 433026 Cone Valves Electrical Tests Local Control Stations gar. and Cahling Grounding Task Order No. 06 Page 12 of 12 EXHIBIT A Page 15 of 15 cITY OF DES PLAINES ILLINOIS Consent Agenda Items # 8 & 8a City of Des Plaines Public Works and Engineering Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5390 Fax: 847-391-5619 MEMORANDUM Date: December 16, 2014 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering Subject: FEMA Hazard Mitigation Grant 1935 Demolition Contract — Bid Award Issue: Bids for the FEMA Hazard Mitigation Grant 1935 Demolition Contract were opened on December 12, 2014. The scope of the work is summarized below. ADDRESS SCOPE OF WORK 485 Bellaire Avenue Demolition 1884 Big Bend Drive Demolition 1889 Big Bend Drive Demolition 1899 Big Bend Drive Demolition 1905 Big Bend Drive Demolition 1912 Big Bend Drive Demolition 1932 Big Bend Drive Demolition 1949 Big Bend Drive Demolition 1955 Big Bend Drive Demolition 1959 Big Bend Drive Demolition 1963 Big Bend Drive Demolition 1971 Big Bend Drive Demolition 1977 Big Bend Drive Demolition 1984 Big Bend Drive Demolition 1995 Big Bend Drive Demolition 1799 Campbell Street Demolition 340 Hawthorne Lane Demolition 1778 Hawthorne Terrace Demolition 1780 Sherwood Road Demolition 1801 Sherwood Road Demolition 1818 Sherwood Road Demolition Analysis: This project consists of the demolition of the 21 single family homes. All parcels will be graded and seeded and remain open space land as required by the FEMA Hazard Mitigation Grant 1935. In accordance with the grant agreement, each home must be demolished within 90 days of acquisition. Page 1 of 45 The City has executed purchase contracts on 12 of the 21 properties. The remaining nine properties are in the purchase approval process. The successful contractor will be notified to proceed with demolition on each individual home once the City takes possession of the property after closing. Following are the bid results: BIDDER'S NAME BID AMOUNT Albrecht Enterprises, Inc. $ 749,800.00 Alpine Demolition Services, LLC $ 929,075.00 American Demolition Corporation $ 992,460.00 Recommendation: References supplied by the low bidder, Albrecht Enterprises, Inc. are favorable. We recommend award of the FEMA Hazard Mitigation Grant 1935 Demolition project to Albrecht Enterprises, Inc., 1684 E Oakton St, Des Plaines, IL 60018 in the amount of $749,800.00. Source of funding would be the Grant Funded Projects Fund through the 100% reimbursable grant agreement. Attachments Resolution R-9-15 Exhibit A -- Contract Page 2 of 45 CITY OF DES PLAINES RESOLUTION R - 9 - 15 A RESOLUTION APPROVING AN AGREEMENT WITH ALBRECHT ENTERPRISES, INC., FOR DEMOLITION WORK WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City has appropriated funds in the Grant Funded Projects Fund for use by the Department of Public Works and Engineering during the 2015 fiscal year for the demolition of 21 single family homes pursuant to the requirements of FEMA Hazard Mitigation Grant 1935 ( "Work"); and WHEREAS, pursuant to Chapter Ten of Title One of the City of Des Plaines City Code, City staff solicited bids for the procurement of the Work; and WHEREAS, the City received three bids, which were opened on December 12, 2014; and WHEREAS, Albrecht Enterprises, Inc. ("Contractor"), submitted the lowest responsible bid; and WHEREAS, the City desires to enter into an agreement with Contractor for the performance of the Work in the not -to -exceed amount of $749,800 ("Agreement"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with Contractor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Agreement. 1 Page 3 of 45 SECTION 4: Eli`I+ECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2015. APPROVED this _ day of , 2015. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to forrn: CITY CLERK Peter M. Friedman, General Counsel Legal\Res\2015\DP-Resolution Approving Bid Award to Albrecht Enterprises 1'or Demolition Services #34295940_v2 2 Page 4 of 45 CITY OF DES PLAINES CITY OF 1GN p. OI 1—.i CONTRACT FOR THE CONSTRUCTION OF FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONT;': ACT Prepared By CITY OF DES PLAINES PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 MINER STREET/NORTHWEST HIGHWAY DES PLAINES, ILLINOIS 60016 EX H C WW Fir A Page 5 of 45 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT TABLE OF CONTENTS Page ARTICLE I The Work 1 1.1 Performance of the Work 1 1.2 Commencement and Completion Dates 2 1.3 Required Submittals 2 1.4 Review and Interpretation of Contract Provisions 3 1.5 Conditions at the Work Site; Record Drawings 3 1.6 Technical Ability to Perform 4 1.7 Financial Ability to Perform 4 1.8 Time 4 1.9 Safety at the Work Site 5 1.10 Cleanliness of the Work Site and Environs 5 1.11 Damage to the Work, the Work Site, and Other Property 5 1.12 Subcontractors and Suppliers 6 1.13 Simultaneous Work By Others 6 1.14 Occupancy Prior to Final Payment 6 1.15 Owner's Right to Terminate or Suspend Work for Convenience 6 ARTICLE II Changes And Delays 7 2.1 Changes 7 2.2 Delays 7 ARTICLE III Contractor's Responsibility For Defective Work 8 3.1 Inspection; Testing; Correction of Defects 8 3.2 Warranty of Work 8 3.3 Owner's Right to Correct 9 ARTICLE IV Financial Assurances 9 4.1 Bonds 9 4.2 Insurance 9 4.3 Indemnification 10 ARTICLE V Payment 10 5.1 Contract Price 10 -i- EXHIBIT A Page 6 of 45 5.2 Taxes and Benefits 10 5.3 Progress Payments 10 5.4 Final Acceptance and Final Payment 11 5.5 Liens 11 5.6 Deductions 12 ARTICLE VI Disputes And Remedies 13 6.1 Dispute Resolution Procedure 13 6.2 Contractor's Remedies 13 6.3 Owner's Remedies 13 6.4 Owner's Special Remedy for Delay 15 6.5 Terminations and Suspensions Deemed for Convenience 15 ARTICLE VII Legal Relationships And Requirements 15 7.1 Binding Effect 15 7.2 Relationship of the Parties 15 7.3 No Collusion/Prohibited Interests 15 7.4 Assignment 16 7.5 Confidential Information 16 7.6 No Waiver 16 7.7 No Third Party Beneficiaries 17 7.8 Notices 17 7.9 Governing Laws 17 7.10 Changes in Laws 18 7.11 Compliance with Laws 18 7.12 Compliance with Patents 19 7.13 Time 19 7.14 Severability 19 7.15 Entire Agreement 20 7.16 Amendments 20 Contractor's Certification Attachment 1: Schedule of Prices Attachment 2: Supplemental Schedule of Contract Terms Attachment 3: Specifications Attachment 4: List of Drawings Attachment 5: Special Project Requirements Appendix 1: Prevailing Wage Ordinance !EXHIBIT A Page 7 of 45 CITY OF DES PLAINES CONTRACT FOR THE CONST 'r!' UCTI[ON OF FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT In consideration of the mutual promises set forth below, the City of Des Plaines, 1420 Miner Street / Northwest Highway, Des Plaines, Illinois 60016, an Illinois municipal corporation ("Owner"), and Albrecht Enterprises, Inc., a Corporation ("Contractor"), make this Contract as of January 6, 2015, and hereby agree as follows: ARTICLE 11: THE WORK 1.1 Performance of the Work Contractor, at its sole cost and expense, must provide, perform, and complete all of the following, all of which is herein referred to as the "Work": 1. Labor, Equipment, Materials, and Supplies. Provide, perform, and complete, in the manner described and specified in this Contract, all necessary work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary to accomplish the Project at the Work Site, both as defined in Attachment 2, in accordance with the specifications attached hereto as Attachment 3, the drawings identified in the list attached hereto as Attachment 4, and the Special Project Requirements attached hereto as Attachment 5. 2. Permits. Except as otherwise provided in Attachment 2, procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith. 3. Bonds and Insurance. Procure and furnish all Bonds and all certificates and policies of insurance specified in this Contract. 4. Taxes. Pay all applicable federal, state, and local taxes. 5. Miscellaneous. Do all other things required of Contractor by this Contract, including without limitation arranging for utility and other services needed for the Work and for testing, including the installation of temporary utility lines, wiring, switches, fixtures, hoses, connections, and meters, and providing sufficient sanitary conveniences and shelters to accommodate all workers and all personnel of Owner engaged in the Work. 6. Quality. Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or -1- E X FUI QI IT A Page 8 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT pursuant to, this Contract, and with the greatest economy, efficiency, and expedition consistent therewith, with only new, undamaged and first quality equipment, materials, and supplies. 1.2 Commencement and Completion Dates Contractor must commence the Work not later than the "Commencement Date" set forth on Attachment 2 and must diligently and continuously prosecute the Work at such a rate as will allow the Work to be fully provided, performed, and completed in full compliance with this Contract not later than the "Completion Date" set forth in Attachment 2. The time of commencement, rate of progress, and time of completion are referred to in this Contract as the "Contract Time." 1.3 Required Submittals A. Submittals Required. Contractor must submit to Owner all documents, data, and information specifically required to be submitted by Contractor under this Contract and must, in addition, submit to Owner all such drawings, specifications, descriptive information, and engineering documents, data, and information as may be required, or as may be requested by Owner, to show the details of the Work, including a complete description of all equipment, materials, and supplies to be provided under this Contract ("Required Submittals"). Such details must include, but are not limited to, design data, structural and operating features, principal dimensions, space required or provided, clearances required or provided, type and brand of fmish, and all similar matters, for all components of the Work. B. Number and Format. Contractor must provide three complete sets for each Required Submittal. All Required Submittals, except drawings, must be prepared on white 8-1/2" x 11". Two blueline prints and one sepia transparency of each drawing must be provided. All drawings must be clearly marked in the lower right-hand corner with the names of Owner and Contractor. C. Time of Submission and Owner's Review. All Required Submittals must be provided to Owner no later than the time, if any, specified in this Contract for their submission or, if no time for submission is specified, in sufficient time, in Owner's sole opinion, to permit Owner to review the same prior to the commencement of the part of the Work to which they relate and prior to the purchase of any equipment, materials, or supplies that they describe. Owner will have the right to require such corrections as may be necessary to make such submittals conform to this Contract. All such submittals will, after final processing and review with no exception noted by Owner, become a part of this Contract. No Work related to any submittal may be performed by Contractor until Owner has completed review of such submittal with no exception noted. Owner's review and stamping of any Required Submittal will be for the sole purpose of examining the general management, design, and details of the proposed Work, does not relieve Contractor of the entire responsibility for the performance of the Work in full compliance with, and as required by or pursuant to this Contract, and may not be regarded as any assumption of risk or liability by Owner. -2- EXH11BIT A Page 9 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT D. Responsibility for Delay. Contractor is responsible for any delay in the Work due to delay in providing Required Submittals conforming to this Contract. 1.4 Review and Interpretation of Contract Provisions Contractor represents and warrants that it has carefully reviewed this Contract, including all of its Attachments, and the drawings identified in Attachment 4, all of which are by this reference incorporated into and made a part of this Contract. Contractor must, at no increase in the Contract Price, provide workmanship, equipment, materials, and supplies that fully conform to this Contract. Whenever any equipment, materials or supplies are specified or described in this Contract by using the name or other identifying feature of a proprietary product or the name or other identifying feature of a particular manufacturer or vendor, the specific item mentioned is understood as establishing the type, function and quality desired. Other manufacturers' or vendors' products may be accepted, provided that the products proposed are equivalent in substance and function to those named as determined by Owner in its sole and absolute discretion. Contractor must promptly notify Owner of any discrepancy, error, omission, ambiguity, or conflict among any of the provisions of this Contract before proceeding with any Work affected thereby. If Contractor fails to give such notice to Owner, then the subsequent decision of Owner as to which provision of this Contract governs is final, and any corrective work required does not entitle Contractor to any damages, to any compensation in excess of the Contract Price, or to any delay or extension of the Contract Time. When the equipment, materials, or supplies furnished by Contractor cannot be installed as specified in this Contract, Contractor must, without any increase in the Contract Price, make all modifications required to properly install the equipment, materials, or supplies. Any such modification is subject to the prior review and consent of Owner. 1.5 Conditions at the Work Site; Record Drawings Contractor represents and warrants that it has had a sufficient opportunity to conduct a thorough investigation of the Work Site and the surrounding area and has completed such investigation to its satisfaction. Contractor will have no claim for damages, for compensation in excess of the Contract Price, or for a delay or extension of the Contract Time based upon conditions found at, or in the vicinity of, the Work Site. When information pertaining to subsurface, underground or other concealed conditions, soils analysis, borings, test pits, utility locations or conditions, buried structures, condition of existing structures, and other investigations is or has been provided by Owner, or is or has been otherwise made available to Contractor by Owner, such information is or has been provided or made available solely for the convenience of Contractor and is not part of this Contract. Owner assumes no responsibility whatever in respect to the sufficiency or accuracy of such information, and there is no guaranty or warranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work or the Work Site, or that the conditions indicated are representative of those existing at any particular location, or that the conditions indicated may not change, or that unanticipated conditions may not be present. -3- EXHIBIT A Page 10 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT Contractor is solely responsible for locating all existing underground installations by prospecting no later than two workdays prior to any scheduled excavation or trenching, whichever is earlier. Contractor must check all dimensions, elevations, and quantities indicated in this Contract within the same time period as set forth above for prospecting underground installations. Contractor must lay out the Work in accordance with this Contract and must establish and maintain such locations, lines and levels. Wherever pre-existing work is encountered, Contractor must verify and be responsible for dimensions and location of such pre-existing work. Contractor must notify Owner of any discrepancy between the dimensions, elevations and quantities indicated in this Contract and the conditions of the Work Site or any other errors, omissions or discrepancies which Contract may discover during such inspections. Full instructions will be furnished by Owner should such error, omission, or discrepancy be discovered, and Contractor must carry out such instructions as if originally specified and without any increase in Contract Price. Before Final Acceptance of the Work, Contractor must submit to Owner two sets of Drawings of Record, unless a greater number is specified elsewhere in this Contract, indicating all field deviations from Attachment 2 or the drawings identified in Attachment 4. 1.6 Technical Ability to Perform Contractor represents and warrants that it is sufficiently experienced and competent, and has the necessary capital, facilities, plant, organization, and staff, to provide, perform and complete the Work in full compliance with, and as required by or pursuant to, this Contract. 1.7 Financial Ability to Perform Contractor represents and warrants that it is financially solvent, and Contractor has the financial resources necessary to provide, perform and complete the Work in full compliance with, and as required by or pursuant to, this Contract. 1.8 Time Contractor represents and warrants that it is ready, willing, able and prepared to begin the Work on the Commencement Date and that the Contract Time is sufficient time to permit completion of the Work in full compliance with, and as required by or pursuant to, this Contract for the Contract Price, all with due regard to all natural and man-made conditions that may affect the Work or the Work Site and all difficulties, hindrances, and delays that may be incident to the Work. 1.9 Safety at the Work Site Contractor is solely and completely responsible for providing and maintaining safe conditions at the Work Site, including the safety of all persons and property during performance of the Work. This requirement applies continuously and is not limited to normal working hours. -4- EXHIBIT A Page 11 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT Contractor must take all safety precautions as necessary to comply with all applicable laws and to prevent injury to persons and damage to property. Contractor must conduct all of its operations without interruption or interference with vehicular and pedestrian traffic on public and private rights-of-way, unless it has obtained permits therefor from the proper authorities. If any public or private right-of-way are rendered unsafe by Contractor's operations, Contractor must make such repairs or provide such temporary ways or guards as are acceptable to the proper authorities. 1.10 Cleanliness of the Work Site and Environs Contractor must keep the Work Site and adjacent areas clean at all times during performance of the Work and must, upon completion of the Work, leave the Work Site and adjacent areas in a clean and orderly condition. 1.11 Damage to the Work, the Work Site, and Other Property The Work and everything pertaining thereto is provided, performed, completed, and maintained at the sole risk and cost of Contractor from the Commencement Date until Final Payment. Contractor is fully responsible for the protection of all public and private property and all persons. Without limiting the foregoing, Contractor must, at its own cost and expense, provide all permanent and temporary shoring, anchoring and bracing required by the nature of the Work in order to make all parts absolutely stable and rigid, even when such shoring, anchoring and bracing is not explicitly specified, and support and protect all buildings, bridges, roadways, conduits, wires, water pipes, gas pipes, sewers, pavements, curbs, sidewalks, fixtures and landscaping of all kinds and all other public or private property that may be encountered or endangered in providing, performing and completing the Work. Contractor will have no claim against Owner because of any damage or loss to the Work or to Contractor's equipment, materials, or supplies from any cause whatsoever, including damage or loss due to simultaneous work by others. Contractor must, promptly and without charge to Owner, repair or replace, to the satisfaction of Owner, any damage done to, and any loss suffered by, the Work and any damage done to, and any loss suffered by, the Work Site or other property as a result of the Work. Notwithstanding any other provision of this Contract, Contractor's obligations under this Section exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of Owner or Contractor, to indemnify, hold harmless, or reimburse Contractor for the cost of any repair or replacement work required by this Section. 1.12 Subcontractors and Suppliers A. Approval and Use of Subcontractors and Suppliers. Contractor must perform the Work with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by Owner in writing. All subcontractors, suppliers, and subcontracts used by Contractor must be acceptable to, and approved in advance by, Owner. Owner's approval of any subcontractor, supplier, and subcontract does not relieve Contractor of full responsibility and liability for the provision, performance, and completion of the Work in full compliance with, and as required by or pursuant to, this Contract. All Work -5- E X H II ➢3I TB' A Page 12 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT performed under any subcontract is subject to all of the provisions of this Contract in the same manner as if performed by employees of Contractor. Every reference in this Contract to "Contractor" is deemed also to refer to all subcontractors and suppliers of Contractor. Every subcontract must include a provision binding the subcontractor or supplier to all provisions of this Contract. B. Removal of Subcontractors and Suppliers. If any subcontractor or supplier fails to perform the part of the Work undertaken by it in a manner satisfactory to Owner, Contractor must immediately upon notice from Owner terminate such subcontractor or supplier. Contractor will have no claim for damages, for compensation in excess of the Contract Price, or for a delay or extension of the Contract Time as a result of any such termination. 1.13 Simultaneous Work By Others Owner has the right to perform or have performed such other work as Owner may desire in, about, or near the Work Site during the performance of the Work by Contractor. Contractor must make every reasonable effort to perform the Work in such manner as to enable both the Work and such other work to be completed without hindrance or interference from each other. Contractor must afford Owner and other contractors reasonable opportunity for the execution of such other work and must properly coordinate the Work with such other work. 1.14 Occupancy Prior to Final Payment Owner will have the right, at its election, to occupy, use, or place in service any part of the Work prior to Final Payment. Such occupancy, use, or placement in service must be conducted in such manner as not to damage any of the Work or to unreasonably interfere with the progress of the Work. No such occupancy, use, or placement in service may be construed as an acceptance of any of the Work or a release or satisfaction of Contractor's duty to insure and protect the Work, nor may it, unless conducted in an unreasonable manner, be considered as an interference with Contractor's provision, performance, or completion of the Work. 1.15 Owner's Right to Terminate or Suspend Work for Convenience A. Termination or Suspension for Convenience. Owner has the right, for its convenience, to terminate or suspend the Work in whole or in part at any time by written notice to Contractor. Every such notice must state the extent and effective date of such termination or suspension. On such effective date, Contractor must, as and to the extent directed, stop Work under this Contract, cease all placement of further orders or subcontracts, terminate or suspend Work under existing orders and subcontracts, cancel any outstanding orders or subcontracts that may be cancelled, and take any action necessary to protect any property in its possession in which Owner has or may acquire any interest and to dispose of such property in such manner as may be directed by Owner. B. Payment for Completed Work. In the event of any termination pursuant to Subsection 1.15A above, Owner must pay Contractor (1) such direct costs, excluding overhead, as Contractor has paid or incurred for all Work done in compliance with, and as required by or -6- 1?XI1I131T A Page 13 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT pursuant to, this Contract up to the effective date of termination together with ten percent of such costs for overhead and profit; and (2) such other costs pertaining to the Work, exclusive of overhead and profit, as Contractor may have reasonably and necessarily incurred as the result of such termination. Any such payment may be offset by any prior payment or payments and is subject to Owner's rights to withhold and deduct as provided in this Contract. ARTICLE IIe CHANGES AND DELAYS 2.1 Changes Owner has the right, by written order executed by Owner, to make changes in the Contract, the Work, the Work Site, and the Contract Time ("Change Order"). If any Change Order causes an increase or decrease in the amount of the Work, an equitable adjustment in the Contract Price or Contract Time may be made. All claims by Contractor for an equitable adjustment in either the Contract Price or the Contract Time must be made within two business days following receipt of such Change Order, and may, if not made prior to such time, be conclusively deemed to have been waived. No decrease in the amount of the Work caused by any Change Order will entitle Contractor to make any claim for damages, anticipated profits, or other compensation. 2.2 Delays A. Extensions for Unavoidable Delays. For any delay that may result from causes that could not be avoided or controlled by Contractor, Contractor must, upon timely written application, be entitled to issuance of a Change Order providing for an extension of the Contract Time for a period of time equal to the delay resulting from such unavoidable cause. No extension of the Contract Time will be allowed for any other delay in completion of the Work. B. No Compensation for Delays. No payment, compensation, damages, or adjustment of any kind, other than the extension of the Contract Time provided in Subsection 2.2A above, may be made to, or claimed by, Contractor because of hindrances or delays from any cause in the commencement, prosecution, or completion of the Work, whether caused by Owner or any other party and whether avoidable or unavoidable. ARTICLE III: CONTRACTO"''S RESPONSIBILITY FOR DEFECTIVE WORK 3.1 Inspection; Testing; Correction of Defects A. Inspection. Until Final Payment, all parts of the Work are subject to inspection and testing by Owner or its designated representatives. Contractor must furnish, at its own expense, all reasonable access, assistance, and facilities required by Owner for such inspection and testing. B. Re -Inspection. Re -inspection and re -testing of any Work may be ordered by Owner at any time, and, if so ordered, any covered or closed Work must be uncovered or opened -7- EXHIBIT A Page 14 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT by Contractor. If the Work is found to be in full compliance with this Contract, then Owner must pay the cost of uncovering, opening, re -inspecting, or re -testing, as the case may be. If such Work is not in full compliance with this Contract, then Contractor must pay such cost. C. Correction. Until Final Payment, Contractor must, promptly and without charge, repair, correct, or replace all or any part of the Work that is defective, damaged, flawed, or unsuitable or that in any way fails to conform strictly to the requirements of this Contract. 3.2 Warranty of Work A. Scope of Warranty. Contractor warrants that the Work and all of its components will be free from defects and flaws in design, workmanship, and materials; must strictly conform to the requirements of this Contract; and will be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract. The warranty herein expressed is in addition to any other warranties expressed in this Contract, or expressed or implied by law, which are hereby reserved unto Owner. B. Repairs; Extension of Warranty. Contractor, promptly and without charge, must correct any failure to fulfill the above warranty that may be discovered or develop at any time within one year after Final Payment or such longer period as may be prescribed in Attachment 2 or Attachment 5 to this Contract or by law. The above warranty may be extended automatically to cover all repaired and replacement parts and labor provided or performed under such warranty and Contractor's obligation to correct Work may be extended for a period of one year from the date of such repair or replacement. The time period established in this Subsection 3.2B relates only to the specific obligation of Contractor to correct Work and may not be construed to establish a period of limitation with respect to other obligations that Contractor has under this Contract. C. Subcontractor and Supplier Warranties. Whenever Attachment 2 or Attachment 5 requires a subcontractor or supplier to provide a guaranty or warranty, Contractor is solely responsible for obtaining said guaranty or warranty in form satisfactory to Owner and assigning said warranty or guaranty to Owner. Acceptance of any assigned warranties or guaranties by Owner is a precondition to Final Payment and does not relieve Contractor of any of its guaranty or warranty obligations under this Contract. 3.3 Owner's Right to Correct If, within two business days after Owner gives Contractor notice of any defect, damage, flaw, unsuitability, nonconformity, or failure to meet warranty subject to correction by Contractor pursuant to Section 3.1 or Section 3.2 of this Contract, Contractor neglects to make, or undertake with due diligence to make, the necessary corrections, then Owner is entitled to make, either with its own forces or with contract forces, the corrections and to recover from Contractor all resulting costs, expenses, losses, or damages, including attorneys' fees and administrative expenses. -8- EXH1i3FF A Page 15 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT ARTICLE IV: FINANCIAL ASSURANCES 4.1 Bonds Contemporaneous with Contractor's execution of this Contract, Contractor must provide a Performance Bond and a Labor and Material Payment Bond, on forms provided by, or otherwise acceptable to, Owner, from a surety company licensed to do business in the State of Illinois with a general rating of A and a financial size category of Class X or better in Best's Insurance Guide, each in the penal sum of the Contract Price ("Bonds"). Contractor, at all times while providing, performing, or completing the Work, including, without limitation, at all times while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, must maintain and keep in force, at Contractor's expense, the Bonds required hereunder. 4.2 Insurance Contemporaneous with Contractor's execution of this Contract, Contractor must provide certificates and policies of insurance evidencing the minimum insurance coverages and limits set forth in Attachment 2. For good cause shown, Owner may extend the time for submission of the required policies of insurance upon such terms, and with such assurances of complete and prompt performance, as Owner may impose in the exercise of its sole discretion. Such policies must be in a form, and from companies, acceptable to Owner. Such insurance must provide that no change, modification in, or cancellation of any insurance becomes effective until the expiration of 30 days after written notice thereof has have been given by the insurance company to Owner. Contractor must, at all times while providing, performing, or completing the Work, including, without limitation, at all times while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, maintain and keep in force, at Contractor's expense, the minimum insurance coverages and limits set forth in Attachment 2. 4.3 Indemnification Contractor hereby agrees to and will indemnify, save harmless, and defend Owner and all of it elected officials, officers, employees, attorneys, agents, and representatives against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys' fees and administrative expenses, that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof, whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of Contractor, except to the extent caused solely by the negligence of Owner. ARTICLE V: PAYMENT 5.1 Contract Price Owner must pay to Contractor, in accordance with and subject to the terms and conditions set forth in this Article V and Attachment 2, and Contractor must accept in full satisfaction for providing, performing, and completing the Work, the amount or amounts set -9- EXHIBIT A Page 26 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT forth in Attachment 2 (the "Contract Price"), subject to any additions, deductions, or withholdings provided for in this Contract. 5.2 Taxes and Benefits Owner is exempt from and will not be responsible to pay, or reimburse Contractor for, any state or local sales, use, or excise taxes. The Contract Price includes all other applicable federal, state, and local taxes of every kind and nature applicable to the Work as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, or premium is hereby waived and released by Contractor. 5.3 Progress Payments A. Payment in Installments. The Contract Price must be paid in monthly installments in the manner set forth in Attachment 2 ("Progress Payments"). B. Pay Requests. Contractor must, as a condition precedent to its right to receive each Progress Payment, submit to Owner a pay request in the form provided by Owner ("Pay Request"). The first Pay Request must be submitted not sooner than 30 days following commencement of the Work. Owner may, by written notice to Contractor, designate a specific day of each month on or before which Pay Requests must be submitted. Each Pay Request must include (a) Contractor's certification of the value of, and partial or final waivers of lien covering, all Work for which payment is then requested and (b) Contractor's certification that all prior Progress Payments have been properly applied to the payment or reimbursement of the costs with respect to which they were paid. C. Work Entire. This Contract and the Work are entire and the Work as a whole is of the essence of this Contract. Notwithstanding any other provision of this Contract, each and every part of this Contract and of the Work are interdependent and common to one another and to Owner's obligation to pay all or any part of the Contract Price or any other consideration for the Work. Any and all Progress Payments made pursuant to this Article are provided merely for the convenience of Contractor and for no other purpose. 5.4 Final Acceptance and Final Payment A. Notice of Completion. When the Work has been completed and is ready in all respects for acceptance by Owner, Contractor must notify Owner and request a final inspection ("Notice of Completion"). Contractor's Notice of Completion must be given sufficiently in advance of the Completion Date to allow for scheduling of the final inspection and for completion or correction before the Completion Date of any items identified by such inspection as being defective, damaged, flawed, unsuitable, nonconforming, incomplete, or otherwise not in full compliance with, or as required by or pursuant to, this Contract ("Punch List Work"). -10- E XHIIIBIT A Page 17 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT B. Punch List and Final Acceptance. The Work may be fmally accepted when, and only when, the whole and all parts thereof have been completed to the satisfaction of Owner in full compliance with, and as required by or pursuant to, this Contract. Upon receipt of Contractor's Notice of Completion, Owner must make a review of the Work and notify Contractor in writing of all Punch List Work, if any, to be completed or corrected. Following Contractor's completion or correction of all Punch List Work, Owner must make another review of the Work and prepare and deliver to Contractor either a written notice of additional Punch List Work to be completed or corrected or a written notice of final acceptance of the Work ("Final Acceptance"). C. Final Payment. As soon as practicable after Final Acceptance, Contractor must submit to Owner a properly completed final Pay Request in the form provided by Owner ("Final Pay Request"). Owner must pay to Contractor the balance of the Contract Price, after deducting therefrom all charges against Contractor as provided for in this Contract ("Final Payment"). Final Payment must be made not later than 60 days after Owner approves the Final Pay Request. The acceptance by Contractor of Final Payment will operate as a full and complete release of Owner of and from any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses of, by, or to Contractor for anything done, furnished for, arising out of, relating to, or in connection with the Work or for or on account of any act or neglect of Owner arising out of, relating to, or in connection with the Work. 5.5 Liens A. Title. Nothing in this Contract may be construed as vesting in Contractor any right of property in any equipment, materials, supplies, and other items provided under this Contract after they have been installed in, incorporated into, attached to, or affixed to, the Work or the Work Site. All such equipment, materials, supplies, and other items will, upon being so installed, incorporated, attached or affixed, become the property of Owner, but such title will not release Contractor from its duty to insure and protect the Work in accordance with the requirements of this Contract. B. Waivers of Lien. Contractor must, from time to time at Owner's request and in any event prior to Final Payment, furnish to Owner such receipts, releases, affidavits, certificates, and other evidence as may be necessary to establish, to the reasonable satisfaction of Owner, that no lien against the Work or the public funds held by Owner exists in favor of any person whatsoever for or by reason of any equipment, material, supplies, or other item furnished, labor performed, or other thing done in connection with the Work or this Contract ("Lien") and that no right to file any Lien exists in favor of any person whatsoever. C. Removal of Liens. If at any time any notice of any Lien is filed, then Contractor must, promptly and without charge, discharge, remove, or otherwise dispose of such Lien. Until such discharge, removal, or disposition, Owner will have the right to retain from any money payable hereunder an amount that Owner, in its sole judgment, deems necessary to satisfy such Lien and to pay the costs and expenses, including attorneys' fees and administrative expenses, of any actions brought in connection therewith or by reason thereof. -11- iEXIlQ111iT A Page 18 of45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT D. Protection of Owner Only. This Section does not operate to relieve Contractor's surety or sureties from any of their obligations under the Bonds, nor may it be deemed to vest any right, interest, or entitlement in any subcontractor or supplier. Owner's retention of funds pursuant to this Section is deemed solely for the protection of its own interests pending removal of such Liens by Contractor, and Owner will have no obligation to apply such funds to such removal but may, nevertheless, do so where Owner's interests would thereby be served. 5.6 Deductions A. Owner's Right to Withhold. Notwithstanding any other provision of this Contract and without prejudice to any of Owner's other rights or remedies, Owner will have the right at any time or times, whether before or after approval of any Pay Request, to deduct and withhold from any Progress or Final Payment that may be or become due under this Contract such amount as may reasonably appear necessary to compensate Owner for any actual or prospective loss due to: (1) Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; (2) damage for which Contractor is liable under this Contract; (3) state or local sales, use, or excise taxes from which Owner is exempt; (4) Liens or claims of Lien regardless of merit; (5) claims of subcontractors, suppliers, or other persons regardless of merit; (6) delay in the progress or completion of the Work; (7) inability of Contractor to complete the Work; (8) failure of Contractor to properly complete or document any Pay Request; (9) any other failure of Contractor to perform any of its obligations under this Contract; or (10) the cost to Owner, including attorneys' fees and administrative costs, of correcting any of the aforesaid matters or exercising any one or more of Owner's remedies set forth in Section 6.3 of this Contract. B. Use of Withheld Funds. Owner is entitled to retain any and all amounts withheld pursuant to Subsection 5.6A above until Contractor has either performed the obligations in question or furnished security for such performance satisfactory to Owner. Owner is entitled to apply any money withheld or any other money due Contractor under this Contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, attorneys' fees and administrative expenses incurred, suffered, or sustained by Owner and chargeable to Contractor under this Contract. ARTICLE dllo DISPUTES AND REMEDIES 6.1 Dispute Resolution Procedure A. Notice of Disputes and Objections. If Contractor disputes or objects to any requirement, direction, instruction, interpretation, determination, or decision of Owner, Contractor may notify Owner in writing of its dispute or objection and of the amount of any equitable adjustment to the Contract Price or Contract Time to which Contractor claims it will be entitled as a result thereof; provided, however, that Contractor must, nevertheless, proceed without delay to perform the Work as required, directed, instructed, interpreted, determined, or decided by Owner, without regard to such dispute or objection. Unless Contractor so notifies Owner within two business days after receipt of such requirement, direction, instruction, -12- EXHIBIT A Page 19 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT interpretation, determination, or decision, Contractor is conclusively deemed to have waived all such disputes or objections and all claims based thereon. B. Negotiation of Disputes and Objections. To avoid and settle without litigation any such dispute or objection, Owner and Contractor agree to engage in good faith negotiations. Within three business days after Owner's receipt of Contractor's written notice of dispute or objection, a conference between Owner and Contractor will be held to resolve the dispute. Within three business days after the end of the conference, Owner must render its final decision, in writing, to Contractor. If Contractor objects to the final decision of Owner, then it must, within three business days, give Owner notice thereof and, in such notice, must state its final demand for settlement of the dispute. Unless Contractor so notifies Owner, Contractor will be conclusively deemed (1) to have agreed to and accepted Owner's final decision and (2) to have waived all claims based on such final decision. 6.2 Contractor's Remedies If Owner fails or refuses to satisfy a final demand made by Contractor pursuant to Section 6.1 of this Contract, or to otherwise resolve the dispute which is the subject of such demand to the satisfaction of Contractor, within 10 days after receipt of such demand, then Contractor will be entitled to pursue such remedies, not inconsistent with the provisions of this Contract, as it may have in law or equity. 6.3 Owner's Remedies If it should appear at any time prior to Final Payment that Contractor has failed or refused to prosecute, or has delayed in the prosecution of, the Work with diligence at a rate that assures completion of the Work in full compliance with the requirements of this Contract on or before the Completion Date, or has attempted to assign this Contract or Contractor's rights under this Contract, either in whole or in part, or has falsely made any representation or warranty in this Contract, or has otherwise failed, refused, or delayed to perform or satisfy any other requirement of this Contract or has failed to pay its debts as they come due ("Event of Default"), and has failed to cure any such Event of Default within five business days after Contractor's receipt of written notice of such Event of Default, then Owner will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: 1. Owner may require Contractor, within such reasonable time as may be fixed by Owner, to complete or correct all or any part of the Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; to remove from the Work Site any such Work; to accelerate all or any part of the Work; and to take any or all other action necessary to bring Contractor and the Work into strict compliance with this Contract. 2. Owner may perform or have performed all Work necessary for the accomplishment of the results stated in Paragraph 1 above and withhold or -13- EXHIBIT A Page 20 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT recover from Contractor all the cost and expense, including attorneys' fees and administrative costs, incurred by Owner in connection therewith. 3. Owner may accept the defective, damaged, flawed, unsuitable, nonconforming, incomplete, or dilatory Work or part thereof and make an equitable reduction in the Contract Price. 4. Owner may terminate this Contract without liability for further payment of amounts due or to become due under this Contract. 5. Owner may, without terminating this Contract, terminate Contractor's rights under this Contract and, for the purpose of completing or correcting the Work, evict Contractor and take possession of all equipment, materials, supplies, tools, appliances, plans, specifications, schedules, manuals, drawings, and other papers relating to the Work, whether at the Work Site or elsewhere, and either complete or correct the Work with its own forces or contracted forces, all at Contractor's expense. 6. Upon any termination of this Contract or of Contractor's rights under this Contract, and at Owner's option exercised in writing, any or all subcontracts and supplier contracts of Contractor will be deemed to be assigned to Owner without any further action being required, but Owner may not thereby assume any obligation for payments due under such subcontracts and supplier contracts for any Work provided or performed prior to such assignment. 7. Owner may withhold from any Progress Payment or Final Payment, whether or not previously approved, or may recover from Contractor, any and all costs, including attorneys' fees and administrative expenses, incurred by Owner as the result of any Event of Default or as a result of actions taken by Owner in response to any Event of Default. 8. Owner may recover any damages suffered by Owner. 6.4 Owner's Additional Remedy for Delay If the Work is not completed by Contractor, in full compliance with, and as required by or pursuant to, this Contract, within the Contract Time as such time may be extended by Change Order, then Owner may invoke its remedies under Section 6.3 of this Contract or may, in the exercise of its sole and absolute discretion, permit Contractor to complete the Work but charge to Contractor, and deduct from any Progress or Final Payments, whether or not previously approved, administrative expenses and costs for each day completion of the Work is delayed beyond the Completion Date, computed on the basis of the "Per Diem Administrative Charge" set forth in Attachment 2, as well as any additional damages caused by such delay. -14- IEXHIBITA Page21 of45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT 6.5 Terminations and Suspensions Deemed for Convenience Any termination or suspension of Contractor's rights under this Contract for an alleged default that is ultimately held unjustified will automatically be deemed to be a termination or suspension for the convenience of Owner under Section 1.15 of this Contract. ARTICLE VII: LEGAL RELATIONSHIPS ANS REQUIREMENTS 7.1 Binding Effect This Contract is binding on Owner and Contractor and on their respective heirs, executors, administrators, personal representatives, and permitted successors and assigns. Every reference in this Contract to a party is deemed to be a reference to the authorized officers, employees, agents, and representatives of such party. 7.2 Relationship of the Parties Contractor will act as an independent contractor in providing and performing the Work. Nothing in, nor done pursuant to, this Contract may be construed (1) to create the relationship of principal and agent, partners, or joint ventures between Owner and Contractor or (2) except as provided in Paragraph 6.3(6) above, to create any relationship between Owner and any subcontractor or supplier of Contractor. 7.3 No Collusion/Prohibited Interests Contractor hereby represents that the only persons, firms, or corporations interested in this Contract as principals are those disclosed to Owner prior to the execution of this Contract, and that this Contract is made without collusion with any other person, firm, or corporation. If at any time it is found that Contractor has, in procuring this Contract, colluded with any other person, firm, or corporation, then Contractor will be liable to Owner for all loss or damage that Owner may suffer thereby, and this Contract will, at Owner's option, be null and void. Contractor hereby represents ands warrants that neither Contractor nor any person affiliated with Contractor or that has an economic interest in Contractor or that has or will have an interest in the Work or will participate, in any manner whatsoever, in the Work is acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism, and neither Contractor nor any person affiliated with Contractor or that has an economic interest in Contractor or that has or will have an interest in the Work or will participate, in any manner whatsoever, in the Work is, directly or indirectly, engaged in, or facilitating, the Work on behalf of any such person, group, entity or nation. -15- EXHIBIT A Page 22 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT 7.4 Assignment Contractor may not (1) assign this Contract in whole or in part, (2) assign any of Contractor's rights or obligations under this Contract, or (3) assign any payment due or to become due under this Contract without the prior express written approval of Owner, which approval may be withheld in the sole and unfettered discretion of Owner; provided, however, that Owner's prior written approval will not be required for assignments of accounts, as defined in the Illinois Commercial Code, if to do so would violate Section 9-318 of the Illinois Commercial Code, 810 ILCS 5/9-318. Owner may assign this Contract, in whole or in part, or any or all of its rights or obligations under this Contract, without the consent of Contractor. 7.5 Confidential Information All information supplied by Owner to Contractor for or in connection with this Contract or the Work must be held confidential by Contractor and may not, without the prior express written consent of Owner, be used for any purpose other than performance of the Work. 7.6 No Waiver No examination, inspection, investigation, test, measurement, review, determination, decision, certificate, or approval by Owner, nor any order by Owner for the payment of money, nor any payment for, or use, occupancy, possession, or acceptance of, the whole or any part of the Work by Owner, nor any extension of time granted by Owner, nor any delay by Owner in exercising any right under this Contract, nor any other act or omission of Owner may constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming or incomplete Work, equipment, materials, or supplies, nor operate to waive or otherwise diminish the effect of any warranty or representation made by Contractor; or of any requirement or provision of this Contract; or of any remedy, power, or right of Owner. 7.7 No Third Party Beneficiaries No claim as a third party beneficiary under this Contract by any person, firm, or corporation other than Contractor may be made or be valid against Owner. 7.8 Notices All notices required or permitted to be given under this Contract must be in writing and are deemed received by the addressee thereof when delivered in person on a business day at the address set forth below or on the third business day after being deposited in any main or branch United States post office, for delivery at the address set forth below by properly addressed, postage prepaid, certified or registered mail, return receipt requested. Notices and communications to Owner must be addressed to, and delivered at, the following address: -16- E X W W T A Page 23 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT City of Des Plaines 1420 Miner Street Des Plaines, Illinois 60016 Attention: Jon Duddles with a copy to: Holland & Knight LLP 131 South Dearborn Street, 30th Floor Chicago, Illinois 60603 Attention: Peter Friedman Notices and communications to Contractor must be addressed to, and delivered at, the following address: Albrecht Enterprises, Inc. 1684 E. Oakton Street Des Plaines, Illinois 60018 Attn: Robert Albrecht The foregoing may not be deemed to preclude the use of other non -oral means of notification or to invalidate any notice properly given by any such other non -oral means. By notice complying with the requirements of this Section, Owner and Contractor each have the right to change the address or addressee or both for all future notices to it, but no notice of a change of address is effective until actually received. 7.9 Governing Laws This Contract and the rights of Owner and Contractor under this Contract will be interpreted according to the internal laws, but not the conflict of laws rules, of the State of Illinois. 7.10 Changes in Laws Unless otherwise explicitly provided in this Contract, any reference to laws includes such laws as they may be amended or modified from time to time. 7.11 Compliance with Laws A. Compliance Required. Contractor must give all notices, pay all fees, and take all other action that may be necessary to ensure that the Work is provided, performed, and completed in accordance with all required governmental permits, licenses or other approvals and authorizations that may be required in connection with providing, performing, and completing the Work, and with all applicable statutes, ordinances, rules, and regulations, including without limitation the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et semc . (see Subsection C of this Section) (a copy of Owner's ordinance ascertaining the prevailing rate of wages, in effect as of the date of this Contract, has been attached as an Appendix to this Contract; if the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid, the revised rate applies to this Contract); any other applicable prevailing wage laws; the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes requiring preference to laborers of specified classes; the Illinois Steel Products Procurement -17- FXH1FQT A Page 24 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT Act, 30 ILCS 565/1 et 51q.; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seg., the Illinois Human Rights Act, 775 ILCS 5/1-101 et seg., and the Public Works Discrimination Act, 775 ILCS 10/0.01 et seq.; and any statutes regarding safety or the performance of the Work, including the Illinois Underground Utility Facilities Damage Prevention Act, 220 ILCS 50/1 et seg., and the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seg. B. Liability for Fines, Penalties. Contractor is solely liable for any fines or civil penalties that are imposed by any governmental or quasi -governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Contractor's, or its subcontractors' or suppliers', performance of, or failure to perform, the Work or any part thereof. C. Prevailing Wage Act. Contractor and each subcontractor, in order to comply with the Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (the "Act"), must submit to the City a certified payroll on a monthly basis, in accordance with Section 5 of the Act. The certified payroll must consist of a complete copy of those records required to be made and kept by the Act. The certified payroll must be accompanied by a statement signed by the contractor or subcontractor that certifies that (1) such records are true and accurate, (2) the hourly rate paid is not less than the general prevailing rate of hourly wages required by the Act, and (3) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Contractor may rely on the certification of a subcontractor, provided that Contractor does not knowingly rely on a subcontractor's false certification. On two business days' notice, Contractor and each subcontractor must make available for inspection the records required to be made and kept by the Act (i) to the City and its officers and agents and to the Director of the Illinois Department of Labor and his or her deputies and agents and (ii) at all reasonable hours at a location within the State. D. Required Provisions Deemed Inserted. Every provision of law required by law to be inserted into this Contract is deemed to be inserted herein. 7.12 Compliance with Patents A. Assumption of Costs. Royalties, and Fees. Contractor will pay or cause to be paid all costs, royalties, and fees arising from the use on, or the incorporation into, the Work, of patented equipment, materials, supplies, tools, appliances, devices, processes, or inventions. B. Effect of Contractor Being Enjoined. Should Contractor be enjoined from furnishing or using any equipment, materials, supplies, tools, appliances, devices, processes, or inventions supplied or required to be supplied or used under this Contract, Contractor must promptly offer substitute equipment, materials, supplies, tools, appliances, devices, processes, or inventions in lieu thereof, of equal efficiency, quality, suitability, and market value, for review by Owner. If Owner should disapprove the offered substitutes and should elect, in lieu of a substitution, to have supplied, and to retain and use, any such equipment, materials, -18- E X H il II3IT A Page 25 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT supplies, tools, appliances, devices, processes, or inventions as may by this Contract be required to be supplied, Contractor must pay such royalties and secure such valid licenses as may be requisite and necessary for Owner to use such equipment, materials, supplies, tools, appliances, devices, processes, or inventions without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should Contractor neglect or refuse to make any approved substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then Owner will have the right to make such substitution, or Owner may pay such royalties and secure such licenses and charge the cost thereof against any money due Contractor from Owner or recover the amount thereof from Contractor and its surety or sureties notwithstanding that Final Payment may have been made. 7.13 Time The Contract Time is of the essence of this Contract. Except where otherwise stated, references in this Contract to days is construed to refer to calendar days. 7.14 Severability The provisions of this Contract will be interpreted when possible to sustain their legality and enforceability as a whole. In the event any provision of this Contract is held invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in part, neither the validity of the remaining part of such provision, nor the validity of any other provisions of this Contract will be in any way affected thereby. 7.15 Entire Agreement This Contract sets forth the entire agreement of Owner and Contractor with respect to the accomplishment of the Work and the payment of the Contract Price therefor, and there are no other understandings or agreements, oral or written, between Owner and Contractor with respect to the Work and the compensation therefor. 7.16 Amendments No modification, addition, deletion, revision, alteration or other change to this Contract is effective unless and until such change is reduced to writing and executed and delivered by Owner and Contractor. -19- ]EXHRIiT A Page 26 of 45 FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT CONTRACT IN WITNESS WHEREOF, Owner and Contractor have caused this Contract to be executed by their properly authorized representatives in two original counterparts as of the Effective Date. CITY OF DES PLAINES By: Name: Michael G. Bartholomew Title: City Manager Attest: By: Name: Gloria J. Ludwig Title: City Clerk CONTRACTOR NAME By: Albrecht Enterprises, Inc. Name: Title: Attest: By: Name: Title: -20- EXHIBIT 20- EXH1BIT A Page 27 of 45 STATE OF ILLINOIS COUNTY OF SS CONTRACTOR'S CERTIFICATION , being first duly sworn on oath, deposes and states that all statements herein made are made on behalf of Contractor, that this deponent is authorized to make them, and that the statements contained herein are true and correct. Contractor deposes, states, and certifies that Contractor is not barred from contracting with a unit of state or local government as a result of (i) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et IN.; or (ii) a violation of the USA Patriot Act of 2001, 107 Public Law 56 (October 26, 2001) (the "Patriot Act") or other statutes, orders, rules, and regulations of the United States government and its various executive departments, agencies and offices related to the subject matter of the Patriot Act, including, but not limited to, Executive Order 13224 effective September 24, 2001. DATED: , 20 CONTRACTOR NAME By: Name: Title: Attest: By: Name: Title: Subscribed and Sworn to before me on , 20 My Commission expires: Notary Public (SEAL) EXI I113IT A Page 28 of 45 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT ATTACHMENT 1 SCHEDULE OF PRICES 11. 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( _; 510.00000 4'1' VI) $5001, '(„) 1'1) S; Naomi I °l d ilid -1- EXHIBIT A Page 29 of 45 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT ATTACHMENT 2 SUPPLEMENTAL SCHEDULE OF CONTRACT TERMS 1. Project: FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT The scope of work includes demolition of approximately 44,000 SF of twenty one residential buildings and appurtenances at various locations in Des Plaines. Removal of concrete slabs and foundation walls/floor, removal of all appurtenances including asphalt, brick and concrete pavement, curb & gutter, fences, and sheds within the property boundaries, backfill with crushed concrete, gradation CA -6, compacted in place to existing ground level, grading for drainage and landscape restoration with topsoil and seed. Erosion barrier placement along entire property line. 2. Work Site: 485 Bellaire Avenue 1884 Big Bend Drive 1889 Big Bend Drive 1899 Big Bend Drive 1905 Big Bend Drive 1912 Big Bend Drive 1932 Big Bend Drive 1949 Big Bend Drive 1955 Big Bend Drive 1959 Big Bend Drive 1963 Big Bend Drive 1971 Big Bend Drive 1977 Big Bend Drive 1984 Big Bend Drive 1995 Big Bend Drive 1799 Campbell Street 340 Hawthorn Lane 1778 Hawthorne Terrace 1780 Sherwood Road 1801 Sherwood Road -2- EXI-11131T A Page 30 of 45 1818 Sherwood Road 3. Permits, Licenses, Approvals, and Authorizations: Contractor must obtain all required governmental permits, licenses, approvals, and authorizations, except: ❑ [Identify permits, licenses, and approvals obtained, or to be obtained, by Owner] ❑ No Exceptions 4. Commencement Date: ❑%� the date of execution of the Contract by Owner. ❑ days after execution of the Contract by Owner. ❑ Click here to enter a date. 5. Completion Date: Starting and Substantial Completion Dates: The following starting and substantial completion dates apply to this contract as designated by street: 111 120 DAYS after city's issuance of a location's Notice To Proceed plus extensions, if any, authorized by a Change Order issued pursuant to Subsection 2.2A of the Contract ❑ 2015, plus extensions, if any, authorized by a Change Order issued pursuant to Subsection 2.2A of the Contract Completion includes the approved and acceptable construction of all pay items: including concrete correction (punch) list items, all hot -mix asphalt items including surface courses and all landscape restoration work, including topsoil and sod placement. Starting and Substantial Completion Dates: The following starting and substantial completion dates apply to this contract as designated by location: Each location will have a Notice To Proceed. The contractor shall substantial complete each location no later than 90 days from city's issuance of a location's Notice To Proceed. -3- EXHIBIT A Page31 of45 No work of any kind shall be done at these locations until the designated Start Date and Notice to Proceed is given. All work must be completed by the designated Substantial and Final Completion Date. Substantial Completion Date includes the approved and acceptable construction of all pay items; including correction (punch) list items and topsoil placement and excluding seeding or sodding. Days and Hours of Work. Workdays for this Contract are Monday through Friday between the hours of 7AM to 6PM. No work shall be done or equipment operated outside of these permitted hours. No work shall be done on any Saturdays, Sundays or the following specified days unless otherwise approved by the Project Manager. Thursday, December 25, 2014 Friday, January 1, 2015 Monday, January 19, 2015 Monday, February 16, 2015 Monday, May 25, 2015 Christmas Day Holiday New Year's Day Holiday Martin Luther King Day President's Day Memorial Day Holiday In the event, the Contractor works on Saturday, Sunday, or holiday, during which time the Engineer and/or Inspector(s) are required to be present, the City of Des Plaines shall pay the cost for such overtime engineering services and shall deduct such cost from payments due the Contractor. Overtime engineering services shall be charged at the Engineer's standard hourly rate for all time over eight hours on any single weekday and for all hours on Saturday, Sunday, and holidays and/or Inspector(s) standard hourly rate applied on a one and one-half (x 1 1/2) basis for all time over eight hours on any single weekday and for all hours on Saturday and a double time (x 2) basis for all Sunday and holiday hours of the Inspector's standard hourly rate. If the amount due the Contractor is not sufficient to cover the cost of overtime engineering service, the Contractor shall reimburse the City of Des Plaines in the amount necessary to cover such costs. The Project Manager shall approve necessary personnel and time for engineering services. Progress Schedule. The Contractor shall submit, for approval by the Engineer, a Progress Schedule, which complies with the requirements of these specifications, and Completion Dates. The Progress Schedule shall include an Estimate of Time and/or Performance Rate for each controlling pay item. Once a Progress Schedule is approved, there shall be no deviation without the written approval of the Engineer. If the Contractor falls 10 or more working days behind the Approved Progress Schedule, they shall provide the Engineer with a revised Progress Schedule that complies with the requirements of the Contract for the Engineer's review. TIME 1S OF THE ESSENCE ON THIS CONTRACT AND LIQUIDATED DAMAGES WILL BE ASSESSED FOR EACH DAY THAT THE WORK REMAINS INCOMPLETE PAST THE STATED COMPLETION DATE. Insurance Coverage: -4- Page 32 of 45 A. Worker's Compensation and Employer's Liability with limits not less than: (1) Worker's Compensation: Statutory; (2) Employer's Liability: $1,000,000 injury -per occurrence; $1,000,000 disease -per employee; $1,000,000 disease -policy limit Such insurance must evidence that coverage applies in the State of Illinois. B. Comprehensive Motor Vehicle Liability with a combined single limit of liability for bodily injury and property damage of not less than $2,000,000 for vehicles owned, non -owned, or rented. All employees must be included as insureds. C. Comprehensive General Liability with coverage written on an "occurrence" basis and with limits no less than: (1) General Aggregate: $5,000,000. See Subsection F below regarding use of umbrella overage. (2) Bodily Injury: $2,000,000 per person; $2,000,000 per occurrence (3) Property Damage: $2,000,000 per occurrence and $5,000,000 aggregate. Coverage must include: Premises / Operations - Products / Completed Operations (to be maintained for two years after Final Payment) - Independent Contractors Personal Injury (with Employment Exclusion deleted) Broad Form Property Damage Endorsement - Blanket Contractual Liability (must expressly cover the indemnity provisions of the Contract) - Bodily Injury and Property Damage "X", "C", and "U" exclusions must be deleted. Railroad exclusions must be deleted if Work Site is within 50 feet of any railroad track. All employees must be included as insured. -5- E X H l B II T A Page 33 of 45 ❑ D. Builders Risk Insurance. This insurance must be written in completed value form, must protect Contractor and Owner against "all risks" of direct physical loss to buildings, structures, equipment, and materials to be used in providing, performing, and completing the Work, including without limitation fire extended coverage, vandalism and malicious mischief, sprinkler leakage, flood, earth movement and collapse, and must be designed for the circumstances that may affect the Work. This insurance must be written with limits not less than the insurable value of the Work at completion. The insurable value must include the aggregate value of Owner -furnished equipment and materials to be constructed or installed by Contractor. This insurance must include coverage while equipment or materials are in warehouses, during installation, during testing, and after the Work is completed, but prior to Final Payment. This insurance must include coverage while Owner is occupying all or any part of the Work prior to Final Payment without the need for the insurance company's consent. E. Owner's and Contractor's Protective Liability Insurance. Contractor, at its sole cost and expense, must purchase this Insurance in the name of Owner with a combined single limit for bodily injury and property damage of not less than $1,000,000. F. Umbrella Policy. The required coverage may be in the form of an umbrella policy above $2,000,000 primary coverage. All umbrella policies must provide excess coverage over underlying insurance on a following -form basis so that, when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover that loss. ElG. Deductible. Each policy must have a deductible or self-insured retention of not more than $ H. Owner as Additional Insured. Owner must be named as an Additional Insured on the following policies: Comprehensive General Liability, Comprehensive Motor Vehicle Liability, and Umbrella Policy. -6- EXH B IIT A Page 34 of 45 The Additional Insured endorsement must identify Owner as follows: The City of Des Plaines and its boards, commissions, committees, authorities, employees, agencies, officers, voluntary associations, and other units operating under the jurisdiction and within the appointment of its budget. I. Other Parties as Additional Insureds. In addition to Owner, the following parties must be named as additional insured on the following policies: Additional Insured Policy or Policies 7. Contract Price: x SCHEDULE OF PRICES A. LUMP SUM CONTRACT For providing, performing, and completing all Work, the total Contract Price of (write in numbers only): ❑ All Work will be paid on a force account basis, using the terms of Section 109.04(b) of the IDOT Standard Specifications For Road And Bridge Construction 2012, without limitation to "extra work." Contractor shall be paid in installments (see below). Contractor must submit Pay Requests including itemized statements of the cost of the Work, accompanied and supported by statements and invoices for all labor, materials, transportation charges and other items of the Work, using standard Illinois Department of Transportation schedules and report forms. B. UNIT PRICE CONTRACT NOTE: If Owner has provided a separate form Schedule of Pricing attached to this Attachment 1, then that Schedule of Prices will be used and this Subsection B should not be used. If Owner has not provided a separate form Schedule of Prices, then this Subsection B should be used. For providing, performing, and completing all Work, the sum of the products resulting from multiplying the number of acceptable units of Unit Price Items -7- EXHIBIT A Page 35 of 45 listed below incorporated in the Work by the Unit Price set forth below for such Unit Price Item: Unit Price Item COMPLETE TABLE AS INDICATED Approximate Number Price Unit of Units Per Unit Extension 1 $ $ 2 $ $ 3 $ $ TOTAL CONTRACT PRICE (write in numbers only): $ ❑ C. COMBINED LUMP SUM/UNIT PRICE CONTRACT (1) For providing, performing, and completing all Work related to [describe lump sum work], the total sum of (write in numbers only): (2) For providing, performing, and completing all Work related to [describe unit price work], the sum of the products resulting from multiplying the number of acceptable units of Unit Price Items listed below incorporated in the Work by the Unit Price set forth below for such Unit Price Item: Unit Price Item COMPLETE TABLE AS IIN ICATEdD Approximate Number Price Unit of Units Per Unit Extension 1 $ $ 2 $ $ 3 $ $ TOTAL CONTRACT PRICE, being the sum of (1) plus the extension of (2) (write in numbers only): -8- EXHIIBIT A Page 36 of 45 D. Any items of Work not specifically listed or referred to in the Schedule of Prices, or not specifically included for payment under any Unit Price Item, shall be deemed incidental to the Contract Price, shall not be measured for payment, and shall not be paid for separately except as incidental to the Contract Price, including without limitation extraordinary equipment repair, the cost of transportation, packing, cartage, and containers, the cost of preparing schedules and submittals, the cost or rental of small tools or buildings, the cost of utilities and sanitary conveniences, and any portion of the time of Bidder, its superintendents, or its office and engineering staff. 8. Progress Payments: A. General. Owner must pay to Contractor 90 percent of the Value of Work, determined in the manner set forth below, installed and complete in place up to the day before the Pay Request, less the aggregate of all previous Progress Payments. The total amount of Progress Payments made prior to Final Acceptance by Owner may not exceed 90 percent of the Contract Price. B. Value of Work. The Value of the Work will be determined as follows: (1) Lump Sum Items. For all Work to be paid on a lump sum basis, Contractor must, not later than 10 days after execution of the Contract and before submitting its first Pay Request, submit to Owner a schedule showing the value of each component part of such Work in form and with substantiating data acceptable to Owner ("Breakdown Schedule"). The sum of the items listed in the Breakdown Schedule must equal the amount or amounts set forth in the Schedule of Prices for Lump Sum Work. An unbalanced Breakdown Schedule providing for overpayment of Contractor on component parts of the Work to be performed first will not be accepted. The Breakdown Schedule must be revised and resubmitted until acceptable to Owner. No payment may be made for any lump sum item until Contractor has submitted, and Owner has approved, an acceptable Breakdown Schedule. Owner may require that the approved Breakdown Schedule be revised based on developments occurring during the provision and performance of the Work. If Contractor fails to submit a revised Breakdown Schedule that is acceptable to Owner, Owner will have the right either to suspend Progress and Final Payments for Lump Sum Work or to make such Payments based on Owner' s determination of the value of the Work completed. (2) Unit Price Items. For all Work to be paid on a unit price basis, the value of such Work will be determined by Owner on the basis of the actual -9- Q?XH➢BVT A Page 37 of 45 number of acceptable units of Unit Price Items installed and complete in place, multiplied by the applicable Unit Price set forth m the Schedule of Prices. The actual number of acceptable units installed and complete in place will be measured on the basis described in Attachment 1 to the Contract or, in the absence of such description, on the basis determined by Owner. The number of units of Unit Price Items stated in the Schedule of Prices are Owner's estimate only and may not be used in establishing the Progress or Final Payments due Contractor. The Contract Price will be adjusted to reflect the actual number of acceptable units of Unit Price Items installed and complete in place upon Final Acceptance. C. Application of Payments. All Progress and Final Payments made by Owner to Contractor will be applied to the payment or reimbursement of the costs with respect to which they were paid and will not be applied to or used for any pre- existing or unrelated debt between Contractor and Owner or between Contractor and any third party. 9. Per Diem Administrative Charge: x $ 1,025 per calendar day ❑ No Charge 10. Standard Specifications: The Contract includes the following Illinois Department of Transportation standard specifications, each of which are incorporated into the Contract by reference: ❑%� "State of Illinois Standard Specifications for Road and Bridge Construction" (SSRB) x "Standard Specifications for Water and Sewer Main Construction in Illinois" (SSWS) El"Illinois Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD). The Contract also includes Owner's City Code and Building Codes. -10- IEXIIIIIQT A Page 38 of 45 References to any of these manuals, codes, and specifications means the latest editions effective on the date of the bid opening. See Attachment 5 for any special project requirements. -11- EXHIBIT A Page 39 of 45 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT ATTACHMENT 3 SPECIFICATIONS INDEX OF SPECIAL PROVISIONS The following Index is provided for the Bidder's convenience only. Bidders are advised to thoroughly read each Special Provision and familiarize themselves with their content. PAGE NUMBER DESCRIPTION 1 SPECIAL PROVISIONS 2 TESTING OF MATERIALS 3 CONTRACTOR SAFETY RESPONSIBILITY 3 DIRT ON PAVEMENT 3 DUST CONTROL 3 - 4 BUILDING DEMOLITION 5 REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS 5 — 8 ASBESTOS ABATEMENT 8 TOPSOIL PLACEMENT 4" AND SEEDING WITH STRAW BLANKET 9 PORTABLE TOILETS 9 — 10 TRAFFIC CONTROL AND PROTECTION 10 EXPLORATION TRENCH 10 - 11 TEMPORARY AGGREGATE, CA -6 11 ABANDONING WATER SERVICE LINES 12 TRENCH BACKFILL 12 - 13 PAVEMENT PATCHING OTHER ATTACHMENTS: IDOT HIGHWAY STANDARDS TRENCH BACKFILL TABLES FOR CONCRETE PIPES NO PARKING SIGN STORM WATER POLLUTION PREVENTION PLAN COOK COUNTY PREVAILING WAGE FOR OCTOBER 2014 -1- EA1IlBIT A Page 40 of 45 CITY OF DES PLAINES CONTRACT FOR THE CONST!"UCTION OFF FEMA IIAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT ATTACHMENT 4 LIST OF DRAWINGS LOCATION MAP LOT INFORMATION DES PLAINES DETAILS (2 SHEETS) DES PLAINES SOIL EROSION AND SEDIMENT CONTROL DETAIL -2- IAEA 2- I AE 0 0l fl T A Page 41 of 45 CITY OF DES PLAINES CONT [' ACT FOR THE CONSTRUCTION OF FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT ATTACHMENT 5 SPECIAL PROJECT REQUIREMENTS PRE -CONSTRUCTION MEETING Prior to commencing any construction operations, there shall be a Pre -Construction Meeting conducted at the Public Works and Engineering Office, Des Plaines Civic Center, 1420 Miner Street, Room 504. The Engineer will set the date and time of the Pre -Construction Meeting after execution of the Contract by both parties. The Contractor's full time Superintendent must attend the Pre -Construction meeting. The following shall be submitted for review at the Pre -Construction meeting: Progress Schedule (submit 3 working days prior) for review Superintendent 24-hour emergency phone number, field phone number, pager number and cellular telephone number Name and 24-hour emergency telephone number of the person in the direct employ of the Contractor who is responsible for administrating the Traffic Control on the Contract. List of Subcontractors, including quantity and type of work to be sublet, their qualifications, references and certified copies of their subcontract agreements. List of Material Suppliers and phone numbers Mix Designs for concrete and hot -mix asphalt items to be incorporated in the Contract All Subcontractors are required to either attend the Pre -Construction meeting or attend a Field Pre -Construction meeting with the Resident Engineer and the Contractor's Superintendent prior to the beginning of any sub -let work. CLAIMS The Contractor agrees to save and hold harmless the Owner and the Engineer from all claims, demands, suits, judgment decrees, including costs, expenses and attorney fees on account of, or arising out of the use of the streets or sidewalks, or resulting from the excavations, openings, -1- EXlUQfltlT A Page 42 of 45 obstructions, or defects that may be made or left in the streets or sidewalks by the Contractor or their several agents, or any other person engaged in the performance of this Contract. The Contractor shall save the Owner and the Engineer harmless from all claims, demands, suits, judgment decrees, including costs, expenses and attorney fees on account of, or arising out of any infringement of any patent rights or royalties claimed by any one on account of machinery, instrument tools, materials, principals or processes used by them or about said work. PROCEEEURE FOR RESOLVING PROPERTY DAMAGE ECLAIMS The General Contractor agrees to adhere to the following procedure to resolve all property damage claims that are related to the performance of all Work on this Contract. It is the responsibility of the General Contractor to require that all Subcontractors and Material Suppliers follow this claim procedure. The City reserves the right to withhold one and one half times the estimated cost of the damages from sums due the General Contractor until all claims related to performance of their Work are resolved as herein provided. Upon receipt of a claim against the General Contractor for property damage allegedly caused or related to the performance of their Work under this Contract, the General Contractor shall, within 5 working days of receipt of such claim: Acknowledge the claim, in writing, to the property owner. Furnish the Engineer with written acknowledgement of receipt of the claim, including a copy of the claim and all information related to it. If the claim is not settled (or the General Contractor does not agree to settle the claim) within 5 days, the General Contractor shall: Forward the claim to the General Contractor's Insurance Carrier. Furnish the Engineer with a copy of the Insurance Carrier's written acknowledgement of receipt of the claim The General Contractor shall either settle or deny the claim within 60 calendar days from initial receipt of the claim, the General Contractor shall: Notify the Engineer, in writing, of claims that have been settled or denied, including the terms of the settlement or the reason for the denial. Notify the property owner if there is a decision to deny their claim and shall include in the Notice of Denial the name and address of the person authorized to accept service of process on behalf of the General Contractor. When a claim is allowed in any amount, within 30 days of the award, pay to the property -2- EXHIBIT A Page 43 of 45 owner the amount of the award. If the Contractor does not make payment to the property owner within the 30 day period, the Owner shall be authorized to make the payment in the amount of the award on behalf of the General Contractor and deduct the amount of the payment from the amount due the General Contractor on the next payment due the Contractor under this Contract. -3- EXHIBIT A Page 44 of 45 C:TY OF DES IPLARNES CONTRACT FOR THE CONSTRUCT:ON OF FEMA HAZARD MITIGATION GRANT 1935 DEMOLITION CONTRACT APPENDIX 1 PREVAILING WAGE ORDINANCE EXHIIBIT A Page 45 of 45 CIT OF ti (J DES PLANES ILLINOIS Consent Agenda Item # 9 My of Des -31e nes Human Resources 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5651 Fax: 847-827-2292 MEMORANDUM Date: December 4, 2014 To: Michael G. Bartholomew, City Manager From: Blaine Wing, Director of Human Resources Subject: Amending Title 1 Chapter 8 Position Classification (Facilities & Grounds Foreman) Issue: During the 2015 Budget deliberations the City Council authorized the creation of a Facilities & Grounds Foreman position. An amendment is needed to the non-union employee classification and compensation schedule in order to achieve this City Council objective. Analysis: During the October 14th City Council meeting, the Council approved the creation of the Facilities & Grounds Foreman position in the Public Works & Engineering Department. As Director of Human Resources, I have reviewed the historical information and concur with City Council's direction to adding a much needed Facilities Foreman to assist all of the City's departments with our buildings and ground assets. Currently, funding has been provided within the 2015 Budget for this position within the Public Works & Engineering Department's salary line item. Hiring a professional with facilities and grounds experience to work directly with the Superintendent of General Services, Assistant Directors, and Director of Public Works & Engineering, will greatly benefit the City with project management. The salary range for this position will be the same as the other Foremen, which is a Grade 12 with a range of $76,447 to $99,381. Proposed Changes: The proposed position will be classified as an exempt position under the Fair Labor Standards Act (FLSA). The Facilities & Grounds Foreman will have a 40 hour work week, which is not eligible for overtime. This position will have administrative, confidential, and executive authority, with varying degrees of independent judgment and discretion. I have attached an updated draft version of the description. Recommendation: As the City's Director of Human Resources I respectfully request and recommend the approval of the proposed amended Ordinance change. If approved, I plan to advertise this position immediately, so the hiring process can begin in mid-January of 2015. Attachments: Attachment 1 — Updated Draft Position Description for Facilities & Grounds Foreman Ordinance — An Ordinance Amending Chapter 8 of Title 1 of the City of Des Plaines City Code Page 1 of 8 CITY OF I a� }.J DES PLAINES ILLINOIS FO1'.EMAN (FACIlLIITII S MAINTENA CE) Position Description GUNDS Department/Division: Public Works/General Services Employment Status: Full -Time FLSA: Exempt Union: N/A Date Approved: 12/2014 I. POSITION SUMMARY Performs a variety of supervisory, administrative, and technical maintenance and capital improvement work directing the activities of the City's facilities and grounds operations. II. SUPERVISION RECEIVED/EXERCISED Works under the general guidance and direction of the Superintendent of General Services. Exercises supervision over the facility and grounds maintenance operations, which includes personnel and outside contractors. III. ESSENTIAL DUTIES & RESPONSIBILITIES Supervises the activities associated with the general maintenance, improvement and repair of City owned facilities including: general carpentry, electrical, plumbing and other construction - related activities, building systems such as HVAC and elevator operations, and oversight of contractual agreements for cleaning and system maintenance as necessary. • Ensures optimal functioning of building systems including mechanical, electrical, fire/life safety, and elevators. • Ensures timely repair and maintenance of City owned decorative street lights and outdoor power supplies. • Evaluates and implements corrective actions as necessary to ensure conduct and performance of personnel conform to all City and departmental rules, regulations, and policies; completes evaluations of personnel in accordance with department policies; reviews and determines disciplinary recommendations of subordinate personnel. • Prepares and reviews a variety of reports and records involving personnel, budget, maintenance orders, and other specialized records. Develops preventive maintenance schedules and programs for facility improvements. • Oversee contractors for facility renovation project. • Assists with supervising of crews for the removal of snow from streets during winter snow operations. Manage a staff of employees in the maintenance of buildings and grounds. Attachment 1 Page 2 of 8 • Assist in training to ensure the safety of employees through proper use of PPE and safety equipment. • Performs other duties as assigned. IV. MINIMUM QUALIFICATIONS — EDUCATION & EXPERIENCE High school diploma or GED equivalent. Five years of progressively responsible experience in maintenance, construction, or repair work; with at least one year in a supervisory capacity. Or an equivalent combination of education and experience. V. MINIMUM QUALIlFICATQ®NS - KNOWLEDGE, SKILLS & ABILITIES ■ Considerable knowledge of equipment, facilities, materials, methods and procedures used in building system maintenance, construction and repair including carpentry, plumbing, HVAC systems and electrical maintenance of facilities. • Considerable knowledge of the hazards and safety precautions common to facility maintenance and repair activities; considerable knowledge of the practices, methods, materials and tools used in modern equipment maintenance. ■ Working knowledge of the principles and practices of effective supervision and administration. • Skill in operating the listed tools and equipment. • Ability to train and supervise subordinate personnel in the duties of their position; ability to carry out assigned projects to their completion; ability to communicate effectively verbally and in writing; ability to establish and maintain effective working relationships with other employees and the general public. • An understanding of snow and ice removal activities for street operations. ■ Basic computer skills including: Word, Outlook and Excel Microsoft Office Software. VI. SPECIAL REQUIREMENTS/QUALIFICATIONS State of Illinois Class "B" Driver's License preferred. Building maintenance certifications in the following is desirable: • General maintenance • Basic plumbing • Electricity principles • Basic welding • Refrigeration and air conditioning systems • Boiler operation and maintenance • Preventive maintenance • Building cleaning • Mathematics VII. EQUIPMENT USED Requires the frequent use of motorized vehicles and equipment for mechanical testing purposes, Attachment 1 Page 3 of 8 power and hand tools and equipment for mechanical systems work; electronic diagnostic equipment; personal computer, including word processing and spreadsheet applications, telephone; mobile radio, fax machine, and copy machine. VIII. PHYSICAL DEMANDS While performing the duties of this job, the employee is regularly required to use hands to finger, handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee frequently is required to stand and talk or hear. The employee is occasionally required to walk; sit; climb or balance; stoop, kneel, crouch, or crawl; and smell. The employee must frequently lift and/or move up to 25 pounds and occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. IX. WORKING CONDITIONS While performing the duties of this job, the employee frequently works near moving mechanical parts or in outside weather conditions. The employee is occasionally exposed to wet and/or humid conditions, fumes, toxic or caustic chemicals. The employee occasionally works in high, precarious places. The noise level in the work environment is moderate to loud on occasion. This job description should not be interpreted as all-inclusive or as an employment agreement between the employer and employee. It is intended to identify the essential functions and requirements of this job and is subject to change as the needs of the employer and requirements of the job change. Incumbents may be required to perform job-related responsibilities and tasks other than those stated in this specification. Any essential functions of this position will be evaluated as necessary should an incumbent/applicant be unable to perform the function or requirement due to a disability as defined by the Americans with Disabilities Act (ADA). Reasonable accommodation for the specific disability will be made for the incumbent/applicant when possible. Authorization: Director of Public Works Date Director of Human Resources Date City Manager Date Attachment 1 Page 4 of 8 CITY OF DES PLAINES ORDINANCE M - 74 - 114 AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 1 OF THE CITY OF DES PLAINES CITY CODE TO ADD A FOREMAN POSITION TO THE CLASSIFICATION PLAN. WHEREAS, Section 4, titled "Compensation Plan," of Chapter 8, titled "Position Grade and Compensation Plan," of Title 1, titled "Administrative," of the City Code of the City of Des Plaines ("City Code") sets forth the classification and salaries of nonunion employment with the City ("Compensation Plan"); and WHEREAS, the City desires to amend the Compensation Plan to add the position of "Facilities and Grounds Foreman," which was approved in the 2015 Budget; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the Compensation Plan as set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as findings of the City Council. SECTION 2: COMPENSATION PLAN. Section 4, titled "Compensation Plan," of Chapter 8, titled "Position Grade and Compensation Plan," of Title 1, titled "Administrative," of the City Code is hereby amended to read as follows: "1-8-4: COMPENSATION PLAN: A. Classified Positions: The compensation plan with annual rates for all classified positions is hereby adopted according to the following schedules: SCHEDULE A MANAGEMENT PERSONNEL NONUNION Effective November , 2014 December , 2014 1 Page 5of8 Title Grade Hours Per Week Mini- mum Mid- point Maxi- mum Additional Longevity After 10 Years After 15 Years After 20 Years City manager 21 37.5 146,566 168,551 190,536 1,000 1,500 2,000 Assistant city manager/director of finance 20 37.5 136,341 156,791 177,242 1,000 1,500 2,000 Police chief 19 40 126,828 145,853 164,877 1,000 1,500 2,000 Fire chief 19 40 1126,828 1126,828 145,853 145,853 164,877 164,877 1,000 1,000 1,500 1,500 2,000 2,000 Director of public works and engineering 19 37.5 Director of community and economic development 18 37 .5 117,980 135,677 153,374 1,000 1,500 2,000 Deputy police chief - patrol 17 40 109,749 126,211 142,673 1,000 1,500 2,000 Deputy police chief - support services 17 40 109,749 126,211 142,673 1,000 1,500 2,000 Deputy fire chief - operations 17 40 109,749 126,211 142,673 1,000 1,500 2,000 Director of information technology 16 37 .5 102,091 117,406 132,720 1,000 1,500 2,000 Assistant director of public works and engineering 16 37.5 102,091 117,406 132,720 1,000 1,500 2,000 Assistant director of finance 15 37.5 94,970 109,215 123,460 1,000 1,500 2,000 Director of human resources 15 37 .5 94,970 109,215 123,460 1,000 1,500 2,000 Police commander - patrol 15 40 94,970 109,215 123,460 1,000 1,500 2,000 Police commander - traffic 15 40 94,970 109,215 123,460 1,000 1,500 2,000 Police commander - investigations 15 40 94,970 109,215 123,460 1,000 1,500 2,000 Fire battalion chief 15 49.5 94,970 109,215 123,460 1,000 1,500 2,000 Fire division chief- training 15 40 94,970 109,215 123,460 1,000 1,500 2,000 Fire division chief - fire prevention 15 40 94,970 109,215 123,460 1,000 1,500 2,000 Fire division chief - EMS 15 40 94,970 109,215 123,460 1,000 1,500 2,000 Emergency communications center manager 15 40 94,970 109,215 123,460 1,000 1,500 2,000 Emergency communications center coordinator 14 40 88,343 101,595 114,847 1,000 1,500 2,000 Superintendent - utility services 14 40 88,343 101,595 114,847 1,000 1,500 2,000 Superintendent-general services 14 40 88,343 101,595 114,847 1,000 1,500 2,000 2 Page 6 of 8 Foreman - vehicle maintenance 12 40 76,447 87,914 99,381 1,000 1,500 2,000 Foreman - water system maintenance 12 40 76,447 87,914 99,381 1,000 1,500 2,000 Foreman - street/grounds maintenance 12 40 76,447 87,914 99,381 1,000 1,500 2,000 Foreman - sewer system maintenance 12 40 76,447 87,914 99,381 1,000 1,500 2,000 Foreman - facilities and grounds 12 41 76,447 J 87.914 99.381 1.000 1,500 2,1Q0 Building and property inspection supervisor 12 37 .5 76,447 87,914 99,381 1,000 1,500 2,000 Director of media services 12 37 .5 76,447 87,914 99,381 1,000 1,500 2,000 Police support services manager 12 40 76,447 87,914 99,381 1,000 1,500 2,000 Code enforcement and permitting coordinator 11 37 .5 71,113 81,780 92,447 1,000 1,500 2,000 Emergency communications shift supervisor 11 40 71,113 81,780 92,447 1,000 1,500 2,000 Financial analyst 10 37.5 66.151 76,074 85,996 1,000 1,500 2,000 Economic development coordinator 10 37 .5 66,151 76,074 85,996 1,000 1,500 2,000 Administrative manager 10 40 66,151 76,074 85,996 1,000 1,500 2,000 SECTION 3: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. [SIGNATURE PAGE FOLLOWS] 3 Page 7 of 8 PASSED this day of , 2014. APPROVED this day of , 2014. VOTE: AYES NAYS ABSENT ATTEST: CITY CLERK MAYOR Published in pamphlet form this Approved as to form: day of , 2014. CITY CLERK Peter M. Friedman, General Counsel Note: Deleted Language is Struck gh. New Language is Bolded and Double Underlined. DP -Ordinance Amending Chapter 8 of Title 1 to Add New Position of Facilities and Grounds Foreman 4 Page 8 of 8 DES PLAINES ILLINOIS Consent Agenda Item # 10 City of Des Plaines Community and Economic Development 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5545 Fax: 847-827-2196 MEMORANDUM Date: December 3, 2014 To: Michael Bartholomew, MCP, LEED AP, City Manager George Sakas, Community and Economic Development Director From: Lauren Pruss, Economic Development Coordinator Subject: Governmental Body Fee and Registration Amendments Issue: Historically, it has been City practice to waive Business Registration and Temporary Event License fees for public entities such as the Park District. However, the current code is not written to exempt these organizations. Analysis: Attached in an ordinance amending Sections 4-1-3 E., 4-1-5 C., and 4-3-2 C. The amendments to Sections 4-1-5 and 4-3-2 will exempt public entities from having to pay fees for Business Registration and Temporary Event Licenses. The current fee is noted for informational purposes. The ordinance must be changed to allow staff this exemption for public entities. • Business Registration Fee — Currently ranges from $55.00 - $560.00 annually • Temporary Event Licenses: • Amusement License Fee - $50 per occurrence • Maintenance Deposit (public property) - $500.00 per occurrence • Seasonal Retail Location License Fee - $50.00 Although the entities are exempt from paying the fees, we have required them to obtain temporary event and business licenses. A third amendment to Section 4-1-3 E. will clarify that public entities are still required to register with the City. Recommendation: I recommend the City Council approve the ordinances as presented. Attachment: Ordinance M-75-14 Page 1 of 6 CITY OF IDES IFLAINES ORDINANCE M - 75 - 114 AN ORDINANCE AMENDING TITLE 4 OF ll i E CITY CODE REGARDING REGISTRATION AND LICENSE FLEES FOR PUBLIC ENTITIES. WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, Chapter 1 of Title 4 of the City Code of the City of Des Plaines, as amended ("City Code"), requires businesses within the City to register with the City and imposes an annual fee for business registration ("Business Registration Regulations"); and WHEREAS, Section 4-3-2 of the City Code requires any person conducting a temporary event within the City to obtain a license and imposes a license fee for temporary event licenses ("Temporary Event Regulations"); and WHEREAS, the City desires to amend the Business Registration Regulations to: (i) require registration by government entities; and (ii) exempt government entities from the payment of fees for business registration; and WHEREAS, the City desires to amend the Temporary Event Regulations to exempt government entities from the payment of fees for temporary event licenses; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the Business Registration Regulations, the Temporary Event Regulations, and the Liquor License Regulations as set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION I: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the fmdings of the City Council. SECTION 2: REGISTRATION. Section 3, titled "Registration," of Chapter 1, titled "Business Registration," of Title 4, titled "Business Regulations," of the City Code is hereby amended to read as follows: "4-1-3: REGISTRATION: A. Registration Required: It shall be unlawful for any person to maintain or operate a place of business in the city, without first having registered the place of business in accordance with the requirements of this chapter. 1 Attachment Page 2 of 6 B. Licenses: The conduct of certain businesses may be subject to additional licensing regulations by the city pursuant to chapter 2 of this title and other provisions of this title. Businesses required to obtain a license from the city must also register all places of business. C. Multiple Businesses in a Single Location: If multiple businesses operate within a single place of business, each business will be required to register that place of business separately, subject to permitted fee exemptions set forth in section 4-1-5 of this chapter. D. Single Businesses with Multiple Locations: If a person maintains, operates, or manages multiple places of business throughout the city, all of which are associated with a single business, that person will be required to register each place of business separately. A place of business consisting of multiple buildings or structures will be considered a single place of business if all of the buildings or structures: 1) are under common ownership, control, management, or operation; and 2) are located on the same parcel or zoning lot or contiguous parcels or zoning lots and are physically connected with common access points from the public right of way. E. Exemptions: -Any home occupation conducted in compliance with the requirements and regulations set forth in the zoning ordinance shall not be required to register its place of business." SECTION 3: REGISTRATION FEE. Section 5, titled "Registration Fee," of Chapter 1, titled "Business Registration," of Title 4, titled "Business Regulations," of the City Code is hereby amended to read as follows: "4-1-5: REGISTRATION FEE: A. Annual Fee: The annual fee for a business registration must be paid at the time an application or renewal application is submitted. In the event that a business registration cannot be issued at the time application for same is made, the director of community and economic development shall issue a receipt to the applicant for the fee paid in advance. All such receipts shall have plainly indicated thereon that the receipt of payment of the business registration fee is not to be construed as the approval of a business registration. No such receipt, or the payment of any fee in advance of the issuance of the business registration certificate in due form, shall entitle or authorize any person to any of the rights or privileges conferred by the issuance of a business registration 2 Attachment Page 3 of 6 certificate or to the operation or maintenance of any place of business contrary to any provision of this code. The annual fee for a business registration will be as set forth in the fee schedule in section 4-18-1 of this title and calculated based on the floor area of the place of business that is devoted to use by the applicant's business. All measurements of floor area shall be rounded to the nearest integral square foot; if a fraction is one-half (1/2) square foot or more, the floor area will be rounded up to the next highest integral square foot. B. Late Filing Penalty: A late filing penalty in the amount of twenty five percent (25%) of the applicable annual fee will be applied to applications for business registration, or renewals thereof, submitted more than thirty (30) days after the filing deadline set forth in subsection 4-1-4B of this chapter. A failure to file an application for a business registration within sixty (60) days after the filing deadline, except as specifically permitted in subsection D of this section, shall be considered a failure to register the place of business and will constitute a violation of this chapter. C. Fee Exemptions: The following types of businesses will be exempt from paying the annual fee for business registration, but shall still be required to register their places of business: 1. Religious corporations registered with the state of Illinois; 2. Charitable organizations registered with the Illinois attorney general pursuant to the Illinois solicitation for charity act; and 3. Additional businesses located in a place of business already registered, on the condition that: a) all businesses located in a single place of business are owned, controlled, and operated by the same person and b) there be no discernible distinction or physical separation between portions of the place of business used by the respective businesses. 4, All governmental bodies, including agencies, departments, and political subdivisions of the State of lllinois or the United States of America, county, township, municipality, municipal corporation, • e fire protection district, sanitary district, library systems and all other local governnnent bodies. * SECTION 4: TEMPORARY EVENT LICENSES GENERALLY. Section 2, "Temporary Event Licenses; Generally," of Chapter 3, "Temporary Event Licenses," of Title 4, "Business Regulations," of the City Code is hereby amended to read as follows: "4-3-2: TEMPORARY EVENT LICENSES; GENERALLY: 3 Attachment Page 4 of 6 A. License Required: It shall be unlawful for any person to own, promote, conduct, engage in, operate or manage a temporary event described in this chapter without first having obtained a license for such event. B. Applications for License: Applications for temporary event licenses shall be made in conformity with the general requirements of this code relating to applications for licenses. Applications must be submitted to the director of community and economic development no later than fourteen (14) days prior to the date the temporary event is to commence. Additional application requirements for the various types of temporary event licenses are set forth more specifically in this chapter C. Fee: The license fees for the various types of temporary events are set forth in section 4-18-1 of this title. Such fees shall not be applicable to any governmental bodies, including agencies, departments, and political subdivisions of the State of Lilinois or tine nited Sates of America, county, township, m annicipa1ily, municipaD corporation, school district, School board, forest preserve district, park district, fire protection district, sanitary district, library systems and all other local government bodies. * SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this day of , 2014 APPROVE?h this day of , 2014 VOTE: YES ATTEST: CITY CLERK NAYS ABSENT MAYOR Published in pamphlet form this Approved as to form: day of , 2014 4 Attachment Page 5 of 6 CITY CLERK Peter M. Friedman, General Counsel Additions are bold and double -underlined; deletions are struck through. DP -Ordinance Amending Title 4 of the City Code Regarding Fees for Public Entities #34193720_v2 5 Attachment Page 6 of 6 CITY OF .L_9; DES PLAINES ILLINOIS Consent Agenda Item # 11 City of Des Plaines Public Works Department 1111 Joseph Schwab Road Des Plaines, IL 60016 Tel: 847-391-5464 Fax: 847-297-6801 MEMORANDUM Date: December 19, 2014 To: Mike Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Timothy Watkins, Assistant Director of Public Works and Engineering Subject: Plumbing Maintenance and Repair Services — Bid Notice Issue: The 2015 budget includes funds for plumbing maintenance and repair services to maintain City of Des Plaines owned and maintained buildings. Analysis: The Public Works and Engineering Department conducts yearly procurement of an outside contractor to perform plumbing maintenance as part of various projects and repairs as warranted. The specifications for this contract requires the bidder to provide an hourly labor cost for plumbing maintenance and repair services as well as labor rates for after hours and weekends. These rates would apply to electrical work as assigned by the City for 2015. Material markup would be limited to no more than 15% for the duration of the contract. This contract will carry a one year term with optional extensions. Recommendation: We recommend the Contractual Plumbing Maintenance and Repair Services contract be advertised for bid. Source of funding will be Street/Grounds Maintenance Division. A bid opening date of January 22, 2015 at 10:15 AM has been scheduled. Page 1 of 1 DES PLAINES ILLINOIS Consent Agenda Item # 12 City of Des Plaines Public Works Department 1111 Joseph Schwab Road Des Plaines, IL 60016 Tel: 847-391-5464 Fax: 847-297-6801 MEMORA 9DL➢flfl Date: To: From: December 19, 2014 Mike Bartholomew, MCP, LEED-AP, City Manager Tom Bueser, Superintendent of General Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering \-9 Timothy Watkins, Assistant Director of Public Works and Engineering Subject: Electrical Maintenance and Repair Services — Bid Notice Issue: The 2015 budget includes funds for electrical maintenance and repair services to maintain City of Des Plaines owned and maintained buildings. Analysis: The Public Works and Engineering Department conducts yearly procurement of an outside contractor to perform electrical maintenance as part of various projects such as remodeling offices, lighting retrofits, and other electrical repairs as warranted. The specifications for this contract requires the bidder to provide an hourly labor cost for electrical maintenance and repair services as well as labor rates for after hours and weekends. These rates would apply to electrical work as assigned by the City for 2015. Material markup would be limited to no more than 15% for the duration of the contract. This contract will carry a one year term with optional extensions. Recommendation: We recommend the Contractual Electrical Repair and Maintenance Services contract be advertised for bid. Source of funding will be Street/Grounds Maintenance Division. A bid opening date of January 22, 2015 at 10:00 AM has been scheduled. Page 11 of 1 CITY OF DES PLAINES ILLINOIS Consent Agenda Item # 13 City of Des Plaines Public Works Department 1111 Joseph Schwab Road Des Plaines, IL 60016 Tel: 847-391-5464 Fax: 847-297-6801 MEMORANDUM Date: December 19, 2014 To: Mike Bartholomew, MCP, LEED-AP, City Manager From: Richard Valent, Superintendent of Utility Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineeringle e Timothy Watkins, Assistant Director of Public Works and Engineering Subject: Aggregate Materials and Spoils Disposal — Bid Notice Issue: The 2015 budget provides funding for the purchase of aggregate materials and the disposal of spoils in order to maintain Public Works operations. The current contract is due for renewal. Analysis: The Public Works and Engineering Department utilizes stone for backfill after excavation work on water mains, sewers and the like. Additionally, we have spoils from those excavations, such as dirt and clay, which must be disposed of. The timely removal of spoils ensures compliance with the EPA's National Pollutant Discharge Elimination System (NPDES) mandates and the City's transfer station regulations. The quantities used are such that competitive bid is advantageous to the City. Approximate value of the contract is $150,000. Recommendation: We recommend the services for Aggregate Materials and Spoils Disposal be advertised for bid. A bid opening date of January 22, 2015 at 10:30AM has been scheduled. Page 1 of 1 Consent Agenda Item # 14 CITY C y of Des Plaines Finance Department 1420 Miner Street DES PLAINES Des Plaines, IL 60016 ILLINOIS Tel: 847-391-5325 Fax: 847-391-5402 MEMORANDUM Date: December 10, 2014 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager/Director of Finance' Subj: Motor Fuel Tax Audit for 1/1/2012 —12/31/2012 Issue: To present the report on the audit covering the receipts and disbursements of the Motor Fuel Tax (MFT) Funds by the City for the period beginning January 1, 2012 and ending December 31, 2012 conducted by the Illinois Department of Transportation (IDOT). Analysis: In 1929, the Illinois General Assembly adopted a law placing a tax (e.g., 0.19 cents/gallon and an additional 2.5 cents/gallon on diesel fuel) on the operation of a motor vehicle on public highways and recreational watercraft upon water based consumption of motor fuel. Proceeds from this tax are administered by IDOT, with a portion of these revenues being allotted to counties, townships, and municipalities. The collection and distribution of these funds are outlined in the Motor Fuel Tax Law, and are referred to as the Motor Fuel Tax funds. MFT funds are paid out to units of local government in accordance with the Motor Fuel Tax Fund, 35 ILCS 505/8 provisions. All money collected by the Department of Revenue is distributed after the first day of each month. The MFT account of each local agency is periodically audited by an MFT auditor of the IDOT District Office. Audits are prepared primarily as cash receipt and disbursement audits of the local agency's MFT fund. However, the audit is also made to discover any improper or unapproved uses or expenditures not in accordance with Illinois Statutes. The Finance Department's staff was contacted by IDOT to provide copies of records and supporting information of the receipts and disbursements of MFT funds for the timeframe of January 1, 2012 through December 31, 2012. The specific information requested was as follows: • all cancelled checks and monthly bank statements, • records of investment of MFT funds, • all necessary data to support payment for labor and equipment rental, • vendor's invoices, • payment estimates, and • all other claims to support expenditures from this fund. Page 1 of 7 1 After conducting a thorough examination, the IDOT office issued an opinion stating: "Except as noted in the Finding section of this report, it is our opinion that the costs claimed are supported in accordance with State policies and contractual provisions. The details of these findings are discussed in this report." The following are the findings and the resolutions provided by staff: Finding No. 1: Failure to obtain Department approval/authorization prior to disbursing MFT funds. City's Response: The City submitted a copy of the revised Resolution for the additional $6,031.22 authorization for this project, therefore, this finding has been cleared. Finding No. 2: Undocumented Transfer of Motor Fuel Tax Funds. City's Response: The City submitted sufficient evidence to support the $218,271.22 MFT transfer for 2011. This was a timing difference between the 2011 and 2012 fiscal years, therefore, this finding has been cleared. The last requirement of the MFT audit is to have the report presented to the Mayor and City Council during its regular scheduled City Council Meeting. A copy of Audit Report No. 01-068 covering the receipts and disbursements of MFT Funds by the City of Des Plaines for the period beginning January 1, 2012 and ending December 31, 2012 is included for the City Council's reference. Recommendation: I recommend complying with the IDOT requirement by presenting a copy of Audit Report No. 01-068 covering the receipt and disbursement of Motor Fuel Tax (MFT) Funds by the City for the period beginning January 1, 2012 and ending December 31, 2012 to the Mayor and City Council at the January 5, 2015 Council meeting. The City Clerk shall then file this report as a permanent record. No formal action is required by the City Council. Attachments: Motor Fuel Tax — Audit Report for 1/1/2012 -12/31/2012 Page 2 of 7 Illinois Department of Transportation Office of Quality Compliance & Review 2300 South Dirksen Parkway / Springfield, Illinois 62764 December 10, 2014 Gloria Ludwig, Clerk City of Des Plains 1420 Miner Street/NW Highway Des Plaines, IL 60016 Dear Ms. Ludwig: Enclosed is a copy of Audit Report No. 01-068, covering the receipt and disbursement of Motor Fuel Tax funds by your City for the period beginning January 1, 2012 and ending December 31, 2012. As shown in the report, we have included your responses. Thank you for your comments. This report should be presented to the Board of Trustees at the first regular meeting after the receipt of this letter and then filed as a permanent record in your office, Thank you for your assistance in this matter. If you have any questions or require additional information, please contact Roseanne Nance at DOT.OQCR.MFT.Audits(c itlinois.cgov or (217)557-1762. Sincerely, CA (PA- 6 William D. Wi berg, CPA, CFE Chief, Financial Review & Investigation Section WDW:RN:pk Enclosure cc: IDOT John Fortmann, Deputy Director of Highways, Regional Engineer Christopher Holt, BLRS-District 1 Engineer Local Agency Auditee Matthew Boguaz, City Mayor Derek Peebles, City Engineer Dorothy Wisniewski, City Finance Director Attachment 1 Page 3 of 7 Illinois Department of Transportation Office of Quality Compliance & Review 2300 South Dirksen Parkway / Springfield, Illinois 62764 December 10, 2014 Gloria J. Ludwig, Clerk City of Des Plaines 1420 Miner Street/NW Highway Des Plaines, IL 60016 Subject: Motor Fuel Tax Audit for 1/1/2012-12/31/2012 Audit Report No.: 01-068 Dear Ms. Ludwig: We have completed an audit of the motor fuel tax records of City of Des Plaines for their Calendar year ended December 31, 2012. The objective of our audit was to provide reasonable assurance the City used Motor Fuel Tax Funds in accordance with the Illinois Highway Code, 605 ILCS /5. Auditors are required to exercise due professional care in performing audits. In doing so, the audit procedures were designed and the audit conducted to ensure that auditors were alert to the possibility of wrongdoing, errors and omissions, inefficiency, waste, ineffectiveness and conflict of interest. Auditors were also cognizant of conditions and activities where irregularities are most likely to occur. The management of Des Plaines is responsible for establishing and maintaining a system of internal accounting control. In fulfilling that responsibility, estimates and judgments made by management are required to assess the expected benefits and related costs of control procedures. Due to inherent limitations in any system of internal accounting control, errors or irregularities may occur and not be detected. Also, projection of any evaluation of the system to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or the degree of compliance with the procedures may deteriorate. The purpose of our audit was to determine the nature, timing and extent of the auditing procedures necessary for expressing an opinion on the City's use of Motor Fuel Tax funds. Attachment 1 Page 4 of 7 City of Des Plaines Audit Report No.: 01-068 December 10, 2014 Page 2 Our audit was more limited than would be necessary to express an opinion on the system of internal accounting control taken as a whole and would not necessarily disclose all material weaknesses in the system; accordingly, we do not express an opinion on the system of internal accounting controls of Des Plaines. OPINION Except as noted in the Finding section of this report, it is our opinion that the costs claimed are supported in accordance with State policies and contractual provisions. The details of these findings are discussed in this report. If you have any questions, please contact me at 217-785-4593. L k C& cF. William D. Winberg, CPA, CFE Chief, FRI Section Attachment 1 Page 5 of 7 City of Des Plaines Audit Report No.: 01-068 December 10, 2014 Page 3 Audit Findings, Recommendations and Agency Responses Finding No.1: Failure to obtain Department approval/authorization prior to disbursing MFT funds. We noted during our audit of the MFT fund for Des Plaines that the City expended $21,700,51 for Construction project section #11-00214- 00-RS.The Department approved expenses of $15,669.29 for this construction project. This exceeded the approved authorized amount by a total of $6,031.22. The City failed to follow Department policies, As referred to in the Bureau of Local Roads Manual Chapter 9-1.07, when it is necessary to disburse MFT funds, the local agency must submit a Request for Expenditure of MFT funds. Upon receipt of this request, the department will authorize the necessary funds, up to the maximum amount of the appropriation. The City's Motor Fuel Tax fund cash balance is understated. Recommendation: The City should promptly reimburse $6,031.22 to the Motor Fuel Tax Fund. The City should also adjust its internal control process to ensure proper procedures are followed prior to MFT fund expenditures. Responses from Responsible Officials: The City submitted a copy of the revised Resolution for the additional $6,031.22 authorization for this project. Finding No.2: Undocumented Transfer of Motor Fuel Tax Funds. During our audit of the MFT funds for the City of Des Plaines for 2012 we noted that the City transferred $218,271.22 from the MFT account into the General Fund, with no supporting documentation. Without proper documentation to support these transfers, the Department is unable to determine the eligibility of the transferred costs. Department policy was not followed. Attachment 1 Page 6 of 7 City of Des Plaines Audit Report No.: 01-068 December 10, 2014 Page 5 As referred to the Bureau of Local Roads Manual 15-1.01, a complete record of the receipts and disbursements of MFT funds must be kept by the local agency. This documentation should consist of the following information: • All necessary data to support payment for labor and equipment rental, • Vendor's invoices, • Payment estimates and all other claims to support expenditures from this fund. The City's Motor Fuel Tax fund cash balance is understated. Recommendation: The City should submit the necessary invoices for review or promptly reimburse $218,271.22 to the Motor Fuel Tax Fund. The City should also adjust its internal control process to ensure proper procedures are followed prior to MFT fund expenditures. Responses from Responsible Officials: liana Bromber from the City Finance Department submitted sufficient evidence to support the $218,271.22 MFT transfer for 2011. Attachment 1 Page 7 of 7 COMMITTEE OF THE WHOLE PACKET CITY of DES PLAINES ILLINOIS Committee of the Whole Agenda Item # 1a Cllty of des PGaolMs Finance Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5300 Fax: 847-391-5402 REMORA DUl Date: December 23, 2014 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager/Director of Finance Subject: Resolution R-8-15, January 5, 2015 Warrant Register I recommend that the City Council approve the January 5, 2015 Warrant Register Resolution R-8-15. Warrant Register .$5,260.537.71 Estimated General Fund !:>atance Balance as of 11/30/2014: S16,039,820 Please use caution when evaluating this number as revenues fluctuate dramatically from month to month due to delays in receiving sales tax revenue from the State and 151 & 2nd installments of property tax revenue. Page 1 of 37 CETT OF ®CS PLUMS ROES 1 WWT1O Be o recd ed by the Cody Coa,mcl of the Doty off ®es MahTes that the ff*Ro,Mng bMs are due and p y b0e and that the Mayior and rk b and are her by auth*Azed to make a meofc for same. January 5, 2O1 Page 2 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 1 Org Account Vendor Invoice Invoice Desc Amount Fund: 100 - General Fund 2 00 4160 Real Estate Transfer Tax 5186 Kuhnle, Susan B Refund 11/26/14 Real Estate Transfer Tax Refund 11/26/2014 462.00 3 00 4160 Real Estate Transfer Tax 5187 Maigler, John & Mary Refund 12/09/14 Real Estate Transfer Tax Refund 12/09/2014 500.00 4 00 4160 Real Estate Transfer Tax 5189 O'Connell, Mary Refund 12/15/14 Real Estate Transfer Tax Refund 12/15/2014 541.00 5 00 4300 Vehicle Licenses 5200 Chlopek, Krzysztof Refund 12/22/14 Vehicle Sticker Refund 12/22/2014 30.00 6 00 4340 Rental Property Licenses 5190 Lopez, Eileen Refund 12/15/14 Rental License Refund 12/15/2014 100.00 7 00 4340 Rental Property Licenses 5192 Lewandowski, Bogdan Refund 12/15/14 Rental License Refund 12/15/2014 25.00 8 00 4370 Taxi Cab Licenses 5178 Fleck, Paul W 12/09/2014 Refund of Chauffeur License Fee 50.00 9 00 4630 Resident Ambulance Fees 1459 Blue Cross Blue Shield of Illinois 2014-00938 Medical Reimbursement DOS 01/26/2014 369.00 10 00 4631 Nonresident Ambulance Fees 4979 NGS 14-06236 Medical Reimbursement DOS 07/04/2014 302.58 11 Total 00 - Non Departmental 7000 2,379.58 13 Elected Office 14 10 5310 Membership Dues 1153 West Central Municipal Conference 0007846 -IN 2014-2015 Associate City Membership 5,500.00 15 10 5320 Conferences 1649 Municipal Clerks of IL 2015 Seminar Winter Seminar Registration- 1/29-1/31/15 - Clerk & Deputy Clerk 170.00 16 10 5325 Training 1649 Municipal Clerks of IL 2015 Seminar Winter Seminar Registration- 1/29-1/31/15 - Clerk & Deputy Clerk 130.00 17 10 6000 Professional Services 1016 Alfred G Ronan LTD Dec 2014 Lobbyist Services for December 2014 5,000.00 18 10 6000 Professional Services 2086 Government Consulting Services of IL LLC 121-1214 Lobbyist Services for December 2014 1,000.00 19 10 6000 Professional Services 2498 McGuireWoods Consulting LLC 91712166 Lobbyist Services for December 2014 2,100.00 20 10 6100 Publication of Notices 1069 Paddock Publications Inc T4391229 Legal Notice - 11/17-11/19/14 FEMA 226.80 21 10 6100 Publication of Notices 1069 Paddock Publications Inc T4391964 Legal Notice - 11/25/14 FEMA Grant 44.55 22 10 7000 Office Supplies 1066 Office Depot 744453910001 Accordion File, Desk Organizer 57.28 23 10 7000 Office Supplies 1066 Office Depot 744453873001 Coin Envelopes 10.34 24 10 7000 Office Supplies 1066 Office Depot 742595888001 Copier Paper, Batteries, Envelope Moistener 149.34 25 10 7000 Office Supplies 1066 Office Depot 741952553001 Disinfecting Wipes, Tissues, 3 Ring Binders, Address Labels 83.83 26 10 7000 Office Supplies 1066 Office Depot 742595727001 Finger Gripeez Pad 5.19 27 10 7000 Office Supplies 1066 Office Depot 742595890001 Envelope Moistener Pens 2.64 28 10 7200 Other Supplies 1046 Hinckley Spring Water Co 2533573 120614 Water Supply 12-4-14 22.92 29 10 8010 Furniture & Fixtures 5196 Henricksen & Company Inc 554394RE Office Chair for Clerk's Office 291.00 30 Total 10 - Elected Office 14,793.89 Page 3 of 37 City of Des Plaines Warrant Register 01/05/2015 Line# •rg Account Vendor Invoice Invoice Desc Amount 32 City Administration 33 20 5310 Membership Dues 2255 NPELRA WING27980 Illinois Active Membership 12/31/2014-12/31/2015 205.00 34 20 5315 Tuition Reimbursements 3600 Rogers, Edward TRP2014FaII Tuition Reimbursement Fall 09/14/2014-11/11/2014 1,485.00 35 20 5315 Tuition Reimbursements 5198 Ardelean, loana TRPFa112014 Tuition Reimbursement for Fall 2014 3,272.00 36 20 5340 Pre -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 548217 New Hire Pre -Employment Screenings 11/03/2014 134.00 37 20 5340 Pre -Employment Exams 4820 Aurico Reports Incorporated 224480 Pre -Employment Background Screening 11/01/2014- 11/30/2014 226.10 38 20 5345 Post -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 548453 Random Post -Employment Exam 11/04/2014 75.00 39 20 5530 Employee Assistance Program 4651 Perspectives 79866 Employee Assistance Services (EAP) 12/01/2014-12/31/2014 571.95 40 20 6000 Professional Services 4714 Wilson Consulting 13692 Consulting on 12/03/2014 to Disconnect Misc Lines with Call One 100.00 41 20 6005 Legal Fees 1073 Bartel, Raymond 14-23 Legal Services for 12/01/2014 thru 12/16/2014 2,452.50 42 20 6100 Publication of Notices 1050 Journal & Topics 162949 Job Ad -Part -Time Clerk/Finance 11/26/2014 123.75 43 20 6100 Publication of Notices 1050 Journal & Topics 162948 Job Ad -Admin Analyst/Fire 11/26/2014 100.20 44 20 6100 Publication of Notices 1050 Journal & Topics 162861 Job Ad -Digital Photographer/Media Services 11/19/2014 123.74 45 20 6110 Printing Services 1233 Presstech 34898 Des Plaines Digest Printed 11/24/2014 3,481.00 46 20 6110 Printing Services 4889 Konica Minolta Business Solutions USA Inc 9000981339 Copy Charges For City Copiers 11/03/2014 -12/02/2014 1,910.65 47 20 6195 Miscellaneous Contractual Services 1038 Barrett, Don 12/01/2014 Filmed City Council Meeting 12/01/2014 52.50 48 20 6195 Miscellaneous Contractual Services 1038 Barrett, Don 12/05/2014 Filmed Holiday Tree Lighting 12/05/2014 37.50 49 20 6195 Miscellaneous Contractual Services 1630 Ivanovic, Amanda 12/01/2014 Filmed City Council Meeting 12/01/2014 48.75 50 20 6195 Miscellaneous Contractual Services 1630 Ivanovic, Amanda 12/03/2014 Filmed Public Works Committee Meeting 12/03/2014 71.25 51 20 6195 Miscellaneous Contractual Services 1630 Ivanovic, Amanda 12/05/2014 Filmed Holiday Tree Lighting 12/05/2014 33.75 52 20 6195 Miscellaneous Contractual Services 3703 Johnson, Mitchell 11/25/2014 Filmed Des Plaines @ Your Service 11/25/2014 30.00 Page 4 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 53 Org 20 Account 6195 Miscellaneous Contractual Services Vendor 3703 Johnson, Mitchell Invoice 12/03/2014 Invoice Desc Filmed Public Works Committee Meeting 12/03/2014 Amount 75.00 54 20 6195 Miscellaneous Contractual Services 3703 Johnson, Mitchell 12/05/2014 Filmed Holiday Tree Lighting 12/05/2014 90.00 55 20 6195 Miscellaneous Contractual Services 4086 Cumbee, Adam 11/25/2014 Filmed Des Plaines @ Your Service 11/25/2014 30.00 56 20 6195 Miscellaneous Contractual Services 4086 Cum bee, Adam 12/03/2014 Filmed Public Works Committee Meeting 12/03/2014 71.25 57 20 6195 Miscellaneous Contractual Services 4086 Cumbee, Adam 12/05/2014 Filmed Holiday Tree Lighting 12/05/2014 90.00 58 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 11/25/2014 Edited Des Plaines @ Your Service 11/25/2014 67.50 59 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 11/26/2014 Edited Des Plaines @ Your Service 11/25/2014 90.00 60 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 12/01/2014 Filmed City Council Meeting 12/01/2014 56.25 61 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 12/02/2014 Edited Des Plaines @ Your Service 12/02/2014 56.25 62 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 12/03/2014 Moved Equipment to New Media Services Equipment Room 12/03/2014 90.00 63 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 12/04/2014 Moved Equipment Into New Media Services Equipment Room 12/04/14 48.75 64 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 12/05/2014 Filmed Holiday Tree Lighting 12/05/2014 90.00 65 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 12/08/2014 Edited Holiday Tree Lighting 12/08/2014 108.75 66 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 12/09/2014 Edited Holiday Tree Lighting 12/09/2014 97.50 67 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 12/10/2014 Edited Holiday Tree Lighting 12/10/2014 90.00 68 20 6195 Miscellaneous Contractual Services 4838 Orr, Timothy.) 12/05/2014 Filmed Holiday Tree Lighting 12/05/2014 90.00 69 20 6300 R&M Software 1026 CDW LLC QX92473 861 MS Enterprise Agreements 10/31/14-10/30/15 43,597.03 70 20 6305 R&M Equipment 2933 SMS Systems Maintenance Services Inc 0000566303 Server Maintenance Contract 12/01/2014 - 12/31/2014 474.00 Page 5 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 71 Org 20 Account 6535 Subsidy - Youth Commission Vendor 1514 Chicago Mercantile Exchange Inc Invoice 501 Invoice Desc 80 CD's with YES Event Pictures/Presentations and 80 Photos Amount 40.00 72 20 6535 Subsidy - Youth Commission 1514 Chicago Mercantile Exchange Inc 504 35 Youth Commission's T- Shirts for Mentoring Participants 146.25 73 20 6550 Subsidy - Senior Citizen Cab Service 1007 303 Taxi 21046 Taxi Cab Subsidy November 2014 M-12-11 174.00 74 20 6550 Subsidy - Senior Citizen Cab Service 1070 Park Ridge Taxi & Livery LTD 00002002 Subsidized Taxi Voucher Program for Nov 2014 M-12-11 2,745.00 75 20 6550 Subsidy - Senior Citizen Cab Service 1421 American Charge Service 95554 Subsidized Taxi Voucher Program for Oct 2014 M-12-11 288.00 76 20 6550 Subsidy - Senior Citizen Cab Service 2200 Rosemont Elite Taxi Dispatch 3055 Taxi Cab Subsidy October 2014 M-12-11 3.00 77 20 6550 Subsidy - Senior Citizen Cab Service 2200 Rosemont Elite Taxi Dispatch 3092 Taxi Cab Subsidy November 2014 M-12-11 9.00 78 20 7000 Office Supplies 1220 Runco Office Supply 596138-0 Office Supplies: Tape, Tape Dispenser, Power Strip, Files, DVDs 122.88 79 20 7000 Office Supplies 1220 Runco Office Supply 596903-0 Two Ctns Copy Paper & One 2015 Wall Calendar 77.77 80 20 7000 Office Supplies 1220 Runco Office Supply 597459-0 5 Binders, 2 Calendars, 5 Dz Clips, Etc.. 150.72 81 20 7000 Office Supplies 1220 Runco Office Supply 597695-0 1 Calendar Refill, 2 Boxes Manila Folders, 2 Dz Note Pads, Etc. 39.37 82 20 7000 Office Supplies 1220 Runco Office Supply C 597459-0 Credit Refund for Calendar & Tape (27.46) 83 20 7005 Printer Supplies 1820 Datasource, Ink 11858 2 Toner Cartridges 108.00 84 20 7005 Printer Supplies 1820 Datasource, Ink 11838 7 Toner Cartridges 1,109.00 85 20 7200 Other Supplies 1046 Hinckley Spring Water Co 2566782 120614 Water Supply 12/4/14 52.89 86 20 7200 Other Supplies 1046 Hinckley Spring Water Co 2534649 120614 Water Supply 12/04/2014 22.92 87 20 7200 Other Supplies 2211 Media Distributors MDSOINV0001224 77 100 Blank DVDs & 216 AA Batteries 100.06 88 20 7200 Other Supplies 5184 Data Media Products Inc K2858 1500 Blank Media DVDs, 700 CDRs & 1500 Cases 998.50 89 20 7310 Publications 1069 Paddock Publications Inc #455566 Dec 2014 Daily Herald Subscription 12/09/2014-01/03/2015 36.60 90 20 7310 Publications 5166 HR Direct INV2517378 Fed & State Labor Law Posters for City Hall 69.99 91 20 7310 Publications 5166 HR Direct INV2517379 Fed & State Labor Law Posters for HR Dept 69.99 92 20 7310 Publications 5166 HR Direct INV2517374 Fed & State Labor Law Posters for Police Dept 69.99 93 20 7310 Publications 5166 HR Direct INV2517375 Fed & State Labor Law Posters for Fire Sta 61 69.99 94 20 7310 Publications 5166 HR Direct INV2517376 Fed & State Labor Law Posters for Fire Sta 62 69.99 95 20 7310 Publications 5166 HR Direct INV2517377 Fed & State Labor Law Posters for Fire Sta 63 69.99 96 20 7310 Publications 5166 HR Direct INV2517381 Fed & State Labor Law Posters for Public Works 69.99 Page 6 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 97 Org 20 Account 7500 Postage & Parcel Vendor 1041 Federal Express Invoice 2-857-13103 Invoice Desc Delivery Service 10/28- 11/19/2014 Amount 23.43 98 20 7550 Miscellaneous Expenses 1076 Sam's Club Direct 7909 Youth Commission Holiday Event on 12-13-14 58.44 99 20 8010 Furniture & Fixtures 5196 Henricksen & Company Inc 554393RE 5 Office Chairs for HR & HHS 697.84 100 20 8010 Furniture & Fixtures 5196 Henricksen & Company Inc 554393RE 5 Office Chairs for HR & HHS 1,286.82 101 Total 20 - City Administration 108 68,599.88 103 Finance 104 30 7000 Office Supplies 1066 Office Depot 745425438001 1 Case of Copy Paper, 1 Elec Stapler, 3 Packs of Post -It Pads 90.57 105 30 7000 Office Supplies 1066 Office Depot 739308981001 3 Cases of Copy Paper & 1 Pack of Post -It Note Pads 124.98 106 30 7000 Office Supplies 1066 Office Depot 742040234001 2 Cases of Copy Paper, 4 Packs of File Folders, 1 Dz Highlighters 101.33 107 30 7200 Other Supplies 1046 Hinckley Spring Water Co 13374822 121714 Water Supply 12/04/2014 45.39 108 30 7500 Postage & Parcel 1041 Federal Express 2-857-13103 Delivery Service 10/28- 11/19/2014 46.55 109 Total 30 - Finance 6000 408.82 111 Community Development 112 40 6000 Professional Services 1332 Kane McKenna & Associates Inc 12758 JRB Meeting and TIF 3 Analysis 11/5-11/24/2014 575.00 113 40 6000 Professional Services 3309 Elevator Inspection Services Inc 48848 Elevator Plan Review 12/3/2014 40.00 114 40 6000 Professional Services 3309 Elevator Inspection Services Inc 48849 Elevator Plan Review 12/3/2014 40.00 115 40 6000 Professional Services 3309 Elevator Inspection Services Inc 48850 Elevator Plan Review 12/3/2014 40.00 116 40 6000 Professional Services 3309 Elevator Inspection Services Inc 48791 Elevator Inspections 11/18- 11/20/2014 435.00 117 40 6000 Professional Services 3309 Elevator Inspection Services Inc 48749 Elevator Inspections 11/18/2014 1,050.00 118 40 6000 Professional Services 3309 Elevator Inspection Services Inc 48748 Elevator Inspections 11/18/2014 75.00 119 40 6000 Professional Services 3309 Elevator Inspection Services Inc 48934 Elevator Inspection 11/26/2014 75.00 120 40 6000 Professional Services 3309 Elevator Inspection Services Inc 48747 Elevator Inspections 11/18/2014 75.00 121 40 6000 Professional Services 3309 Elevator Inspection Services Inc 48712 Elevator Plan Review 11/24/2014 40.00 122 40 6000 Professional Services 3309 Elevator Inspection Services Inc 48900 Elevator Inspection Plan Review 12/05/2014 40.00 123 40 6000 Professional Services 3309 Elevator Inspection Services Inc 48899 Elevator Inspection Plan Review 12/05/2014 40.00 124 40 6000 Professional Services 3309 Elevator Inspection Services Inc 48946 Elevator Inspections 11/25- 11/26/2014 319.00 125 40 6000 Professional Services 3309 Elevator Inspection Services Inc 48935 Elevator Inspection 11/25/2014 75.00 Page 7 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # Org Account 140 Vendor Invoice 162934 Invoice Desc Legal Notice CAPER 11/26/2014 Amount 160.40 126 40 6100 Publication of Notices 1050 Journal & Topics 127 40 6105 Records Preservation 1370 Microsystems 1000071430 Scanning Microfiche Letter "0" 1940-1995 Code Enforcement 1,426.72 128 40 6195 Miscellaneous Contractual Services 4070 Cerabona, Gale M 25 ZBA Meeting Minutes 11/25/2014 112.50 129 40 6195 Miscellaneous Contractual Services 4070 Cerabona, Gale M 26 Plan Commission and Zoning Board of Appeals Minutes 12/8-12/9/14 100.00 130 40 6310 R&M Vehicles 1036 Des Plaines Car Wash Oct 2014 City Car Washes for City Vehicles Oct 2014 10.00 131 40 6310 R&M Vehicles 1036 Des Plaines Car Wash Nov 2014 City Car Washes for City Vehicles Nov 2014 105.00 132 40 7000 Office Supplies 1066 Office Depot 742024131001 Tape, Batteries, Pens, Post Its, Spray Cans 71.19 133 40 7000 Office Supplies 1066 Office Depot 744637943001 4 Cases of Copy Paper, 1 Box of Folders, 1 Pack of Whiteout 108.12 134 40 7000 Office Supplies 1066 Office Depot 744637943001 4 Cases of Copy Paper, 1 Box of Folders, 1 Pack of Whiteout 80.14 135 40 7200 Other Supplies 1046 Hinckley Spring Water Co 11174875 120614 Water Supply 11/4/2014- 12/6/2014 50.88 136 40 8010 Furniture & Fixtures 4392 Office Furniture Resources INV0023984 Three Chairs and One Desk 745.00 137 Total 40 - Community Development 5,888.95 139 Public Works & Engineering 140 50 5325 Training 3277 Moser, Howard Reimb 10/10/2014 Reimbursement for IPSI Training 10/5-10/10 704.44 141 50 6025 Administrative Services 1172 Third Millennium Associates Inc 17567 Utility Bill Rendering 11/24/2014 617.25 142 50 6040 Waste Hauling & Debris Removal 1021 Arc Disposal -Republic Svc #551 0551-011276006 Waste Franchise for November 2014 250,050.00 143 50 6135 Rentals - Uniforms 1029 Cintas #22 022829545 Mat & Uniform Rental - 12/01 76.99 144 50 6135 Rentals - Uniforms 1029 Cintas #22 022832605 Mats & Uniform Rental & Cleaning - 12/08 76.99 145 50 6135 Rentals - Uniforms 1029 Cintas #22 022835690 Mat & Uniform Rental - 12/15 76.99 146 50 6145 Custodial Services 1227 Perfect Cleaning Service 39597 December 2014 Custodial Services - 911 Center 430.00 147 50 6145 Custodial Services 1227 Perfect Cleaning Service 39596 December 2014 Custodial Services 4,480.00 148 50 6145 Custodial Services 1227 Perfect Cleaning Service 39404 Custodial Services for November 2014 Including 9-1- 1 Center 4,910.00 149 50 6170 Tree Maintenance 1176 Trees "R" Us Inc 16946 58 Parkway Trees Removed From List Dated 10/20 15,913.00 150 50 6170 Tree Maintenance 1176 Trees "R" Us Inc 16947 26 Parkway Trees Removed From List Dated 11/19 7,292.00 Page 8 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 151 Org 50 Account 6195 Miscellaneous Contractual Services Vendor 1019 Anderson Pest Solutions Invoice 3187577 Invoice Desc Pest Control - Public Works - December 2014 Amount 56.50 152 50 6195 Miscellaneous Contractual Services 1029 Cintas #22 022829545 Mat & Uniform Rental -12/01 141.92 153 50 6195 Miscellaneous Contractual Services 1029 Cintas #22 022832605 Mats & Uniform Rental & Cleaning - 12/08 158.81 154 50 6195 Miscellaneous Contractual Services 1029 Cintas #22 022835690 Mat & Uniform Rental - 12/15 141.92 155 50 6195 Miscellaneous Contractual Services 1060 Municipal GIS Partners Inc 2375 GIS Staffing & Services 11/01- 11/30/2014 15,339.00 156 50 6195 Miscellaneous Contractual Services 1074 Rosborough Partners Inc 93940 Mulch Installation on Northwest Highway -11/19 2,247.00 157 50 6195 Miscellaneous Contractual Services 1107 Ayres Associates 156320 2014 Color Aerial Photography 09/07-11/29/2014 10,196.00 158 50 6195 Miscellaneous Contractual Services 1237 Pro -Line Door Systems Inc 72460 Install Garage Door Remote Control - PW -12/11/14 1,040.00 159 50 6195 Miscellaneous Contractual Services 1515 White Way Sign & Maintenance Co CD2008097284 Electric Sign Maintenance - November 71.67 160 50 6195 Miscellaneous Contractual Services 1559 Continental Weather Svc 14080 December 2014 Weather Forecasting 150.00 161 50 6195 Miscellaneous Contractual Services 1617 Pressure Solutions Inc 1039 Repair Pressure Washer 12/9 277.50 162 50 6195 Miscellaneous Contractual Services 2350 Anderson Elevator Co 158213 December 2014 Elevator Maintenance 1,195.00 163 50 6195 Miscellaneous Contractual Services 2615 Four Seasons Decor Inc 5083 Oakton Street Holiday Decorations & Installation 12/9 2,394.30 164 50 6305 R&M Equipment 1450 Terrace Supply Co 70223635 Rebuilt Regulators for Torches 11/21 151.50 165 50 6305 R&M Equipment 1525 Hastings Air -Energy Control Inc 153352 Repair Truck Flex 9/3 - Fire #63 223.95 166 50 6305 R&M Equipment 1536 Snap On Industrial ARV/24220882 Update Diagnostic Tool for Equipment 11/25 845.00 167 50 6305 R&M Equipment 1675 Universal Hydraulic Services & Sales Inc 36033 Hydraulic Cylinder Repair 11/26 - PW 86A 430.00 168 50 6305 R&M Equipment 3157 Nemeth Glass of Illinois Inc 111795 Rear Glass for Tool Cat 11/25 - PW #43A 230.00 169 50 6310 R&M Vehicles 1278 Dave & Jim's Auto Body 141048 Repair Front Frame - PW 283 - 11/19/2014 360.00 170 50 6310 R&M Vehicles 1278 Dave & Jim's Auto Body 141068 Front End Alignment 11/21- Police #17 60.00 Page 9 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 171 Org 50 Account 6310 R&M Vehicles Vendor 1278 Dave & Jim's Auto Body Invoice 141099 Invoice Desc Front End Alignment 12/3 - Police #52 Amount 60.00 172 50 6315 Public Works 1025 Bedco Inc 19541 Change Air Filter - Gun Range 12/1/14 110.00 173 50 6315 Public Works 1025 Bedco Inc 19542 Clean Coils in Wash Bay - PW 12/1/2014 220.00 174 50 6315 Other 1025 Bedco Inc 19543 Troubleshooting, No Heat - Water Plant 12/3/14 220.00 175 50 6315 Police 1025 Bedco Inc 19538 Replace Limit Switch - Police - 12/5/14 461.15 176 50 6315 Other 1025 Bedco Inc 19537 Replaced Defective Wall Heater - Water Plant - 12/5/14 1,658.90 177 50 6315 Police 1025 Bedco Inc 19536 Replace Heating Element - Police 211 - 12/4/14 343.50 178 50 6315 Public Works 1025 Bedco Inc 19525 Troubleshoot and Repair to Garage Heaters - PW - 11/25/14 715.00 179 50 6315 Public Works 1025 Bedco Inc 19526 Repair 5 Heaters in Garage - PW - 11/28/14 1,578.20 180 50 6315 Public Works 1025 Bedco Inc 19524 Boiler Repair - PW 11/22/14 1,928.15 181 50 6315 Police 1025 Bedco Inc 19539 Repair Freezestat - Police - 12/5/14 916.75 182 50 6315 Police 1025 Bedco Inc 19535 Repair Defective Actuator - Police - 12/4/14 710.15 183 50 6315 Fire Station #62 1237 Pro -Line Door Systems Inc 72089 Emergency Repair for Garage Overhead Door for Fire #62 - 11/3 2,776.18 184 50 6315 Library 1728 Total Parking Solutions Inc 102833 Parking Meter Repairs at Cumberland Parking Lot #2 - 11/24/14 296.00 185 50 6315 City Hall 4326 Mr David's Flooring Intl LLC PB5405 Install Vinyl Base in IT Room 8/30 955.00 186 50 6315 City Hall 4326 Mr David's Flooring Intl LLC PB5404 Install Tile in IT Room 8/30 1,548.00 187 50 6315 Civic Center Parking Deck 4923 J Gill & Company 1742 Repairs to the Metro & Library Parking Decks 10/26-11/23 58,350.00 188 50 7000 Office Supplies 1066 Office Depot 744773149001 1 Ctn Imageprint Paper, 2 Pks Batteries, 1 Pk Post -It Flags, Etc 85.02 189 50 7000 Office Supplies 1066 Office Depot 744772962001 2 Boxes of Mailing Labels 37.84 190 50 7000 Office Supplies 1066 Office Depot 742645853001 1 Case of Paper, 2 Scissors, 2 Recycling Baskets and 12 Trays 72.26 191 50 7000 Office Supplies 1505 Clifford -Wald & Co IN00087192 36" Bond Paper for KIP & Plotter 64.66 192 50 7000 Office Supplies 1505 Clifford -Wald & Co IN00087192 36" Bond Paper for KIP & Plotter 68.22 193 50 7000 Office Supplies 1754 Logsdon Office Supply 0928046-001 2 Wall Calendars and 12 Felt Tip Pens 40.80 194 50 7020 Supplies - Safety 1703 Prosafety Inc 2/793940 36 Pairs Safety Gloves, 24 Pair Safety Glasses 104.40 195 50 7025 Supplies - Custodial 1029 Cintas #22 022829546 Soap, Paper Towels, Toilet Paper 212.57 Page 10 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 196 Org 50 Account 7025 Supplies - Custodial Vendor 1029 Cintas #22 Invoice 022832606 Invoice Desc Soap, Hand & Paper Towels Amount 171.74 197 50 7025 Supplies - Custodial 1029 Cintas #22 022835691 Soaps, Pull and Zfold Towels, Toilet Paper and Glass Cleaner 208.54 198 50 7030 Supplies - Tools & Hardware 1047 Home Depot Credit Svcs 2026297 6 -Piece Screwdriver Set 39.97 199 50 7030 Supplies - Tools & Hardware 1047 Home Depot Credit Svcs 3026190 30 Sawblades, Snips, Hammer, Ratchet and 1 Pair of Knee Pads 132.66 200 50 7030 Supplies - Tools & Hardware 1057 Menard Incorporated 47337 7" Angle Grinder 119.00 201 50 7030 Supplies - Tools & Hardware 1062 NAPA of Des Plaines 539280 5 Filters, 1 Flint Lighter, 1 Cleaner Kit - Stock 8.59 202 50 7030 Supplies - Tools & Hardware 1520 Russo Power Equipment 2247531 2 Chainsaw Chains 6.52 203 50 7030 Supplies - Tools & Hardware 1741 Praxair Distribution Inc 51113936 Acetylene & Oxygen Tank Rental 11/20 402.83 204 50 7030 Supplies - Tools & Hardware 2287 Kron, Frank Reimb 12/8/2014 2014 Tool Reimbursement 425.00 205 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-902199 Coolant Filter - PW #4A 13.33 206 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-902322 Air Filter - PW #4A 49.66 207 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-902208 Fuel Filter - PW #4A 4.49 208 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-902192 2 Fuel and 2 Oil Filters - PW #4A 86.26 209 50 7035 Supplies - Equipment R&M 1062 NAPA of Des Plaines 538871 2 Breakaway Nozzles - PW Fuel Pumps 126.16 210 50 7035 Supplies - Equipment R&M 1062 NAPA of Des Plaines 540491 2 Oil, 2 Fuel & 2 Air and 2 Hydraulic Filters -PW 65A & 11B, 12B 212.09 211 50 7035 Supplies - Equipment R&M 2168 Petroleum Technologies Equipment, Inc 15032 4 Rolls of Print Paper for Fuel Reader 41.00 212 50 7035 Supplies - Equipment R&M 3255 Solvent Systems International Inc 130206 Pump for the Solvent Cleaning Tank 120.00 213 50 7035 Supplies - Equipment R&M 3518 O'Reilly Auto Parts 2479-211591 Battery - PW #4A 219.99 214 50 7040 Supplies - Vehicle R&M 1013 Ace Des Plaines Inc 233488 16 Anti -Slip Tapes - Fire A63 27.36 215 50 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 3900170 13 Hydraulic Fittings - Stock 439.11 216 50 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 3899880 21 Hydraulic Fittings - Stock 245.49 217 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-901607 10 Mini Lamps - Stock 44.90 218 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-903252 Return - Power Inverter - Stock (49.99) 219 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-902492 4 Disc Rotors - Police 96 177.96 220 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-902717 Fuel Additives - Deep Creep, Motor Tune Up - Fire - T83 T63 39.96 Page 11 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # Org Account Vendor Invoice Invoice Desc Amo un 8.29 221 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-903015 Fuse Assembly - Police 71 222 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-901754 3 Filter Kits, Sway Bar, Serpentine Belt - Police 59 124.35 223 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-903599 Dome Light - Fire #A61 22.22 224 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-903408 Low Air Pressure Sensor for Tire - Police #17 59.79 225 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-903219 Fuseholders - Police - Stock 8.29 226 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-903412 4 Oil Filters - PW #107 and Stock 27.80 227 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-903300 2 Heater Control Valves - Fire #A62 35.58 228 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-903594 Dome Lighting - Fire #A61 22.22 229 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-901277 7 Air Filter, 6 Oil Filter - Stock 166.12 230 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-901855 Serpentine Belt, Belt Tensioner - Fire 70/Radio 93 58.48 231 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-901442 Belt, Tensioner and Heater Resistor - Fire 80 80.57 232 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-902099 12 Trans Fluid - Police Stock 61.08 233 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-902981 Alternator, Brakes, Belt, Suspension and Exhaust Parts for#1030 527.90 234 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-897344 Anti Freeze - Police 17 11.99 235 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-897109 Front Suspension Ball Joint - Police 17 69.99 236 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-897110 Return - Ball Joint - Police 17 (44.99) 237 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-898678 Electrical Relay - Police 17 6.09 238 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-898679 Electrical Relay - Police 17 12.18 239 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-899526 2 Rear Lights for Toolcat - PW 43A 121.06 240 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-901673 Tie Rod End - PW 340 109.99 241 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-901699 3 Oil Filters - PW 340/Stock 18.66 242 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-903253 Fuel Injector Cleaner - EMA 107 9.69 243 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-902280 2 Oil, 2 Air Filters, 2 Shocks, Hub Assembly - PW 992/Stock 184.41 244 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-899091 EGR Valve - Police 1027 121.19 245 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-897179 Radiator Fan and Radiator Coolant Hose - Police 17 186.78 246 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 539692 Hub Assembly - PW 992 42.41 Page 12 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 247 Org 50 Account 7040 Supplies - Vehicle R&M Vendor 1062 NAPA of Des Plaines Invoice Invoice Desc Amount 539311 6 Air Filters - Stock 64.32 248 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 538548 4 Oil Filters, 3 Fuel Filters - Stock 70.19 249 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 537806 4 Couplings, 6 Oil, 2 Fuel, Air and Hydraulic Filters - Stock 229.09 250 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 539280 5 Filters, 1 Flint Lighter, 1 Cleaner Kit - Stock 75.74 251 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 540617 1 Air & 1 Fuel Filters - PW #25 and 43W 20.75 252 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 540588 Fuel, Oil, Air, Trans and Hydraulic Filters - Stock 461.70 253 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 540647 1 Oil & 2 Fuel Filters - PW #390 75.91 254 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 540618 1 Oil and 1 Air Filters - PW #80A 32.07 255 50 7040 Supplies - Vehicle R&M 1071 Pomp's Tire Service Inc 280037473 8 Tires - PW Stock 1,486.86 256 50 7040 Supplies - Vehicle R&M 1088 Atlas Bobcat LLC BA9986 ToolCat Mirror - PW 43A 44.01 257 50 7040 Supplies - Vehicle R&M 1345 Lindco Equipment Sales Inc 20142224-P 10 Western Plow Stands - Stock 388.60 258 50 7040 Supplies - Vehicle R&M 1345 Lindco Equipment Sales Inc 20141421-P 10 Screws,10 Springs,10 Nuts/Bolts, Misc Parts for Plows - Stock 6,013.50 259 50 7040 Supplies - Vehicle R&M 1345 Lindco Equipment Sales Inc 20141583-P Freight Charges for Plow Parts 358.21 260 50 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG42616 4 Hinges, Sensor Light - Fire E63 969.79 261 50 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG42564 Transducer, 2 Switches - Fire - 63 276.85 262 50 7040 Supplies - Vehicle R&M 1564 EJ Equipment Inc 0065947 Throttle Control - PW 225 481.77 263 50 7040 Supplies - Vehicle R&M 1564 EJ Equipment Inc 0065996 2 Support Brackets - PW 225 275.00 264 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 366011P Lamp Assembly - Fire 80/Radio 91 85.99 265 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 365935P Fuel Tank and 3 Straps - Fire A65/0IdA73 2,268.78 266 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 365445P 4 Rotors - Police 56 / Stock 270.96 267 50 7040 Supplies - Vehicle R&M 1670 Arlington Power Equipment Inc 618679 30 Feet of Cable, Washers, Nuts - PW 340 52.85 268 50 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 637281 50 Wiper Blades, 2 Engine Coils - Stock 245.48 269 50 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 639403 10 Winter Wiper Blades - Stock 39.90 270 50 7040 Supplies - Vehicle R&M 1739 Morton Grove Automotive Inc 54683 2 Alternators - Fire A65 / Old A73 270.00 271 50 7040 Supplies - Vehicle R&M 2264 Flink Co 47467 20 Hanger Brackets - PW Salt Spreaders/Stock 133.99 272 50 7040 Supplies - Vehicle R&M 2437 Waterous Company P219289 001 Electric Transfer Valve - Fire 63 1,490.39 Page 13 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 273 O g 50 Account 7040 Supplies - Vehicle R&M Vendor 3518 O'Reilly Auto Parts Invoice 2479-211469 Invoice Desc 2 Sway Bar Repair Kits - PW 978 Amount 28.64 274 50 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-205985 17 Scotch Brites Scuff Packs - Stock 17.85 275 50 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs 490-238690 (4) 12 Volt Batteries - PW 325 /Stock 359.40 276 50 7040 Supplies - Vehicle R&M 5030 Napleton's Arlington Heights Chrysler Jeep Dodge 215936 Aluminum Wheel - Police #17 197.60 277 50 7040 Supplies - Vehicle R&M 5193 Fast MRO Supplies Inc 1132 192 Cans Aerosol Brake Cleaner 414.67 278 50 7045 Supplies - Building R&M 1018 Anderson Lock Company LTD 0861968 Custom Cut Keys - Fire Prevention at City Hall 16.50 279 50 7045 Supplies - Building R&M 1018 Anderson Lock Company LTD 0862354 Custom Cut Keys for Second Floor at City Hall 21.50 280 50 7045 Supplies - Building R&M 1057 Menard Incorporated 47462 20 Pull Handles, 10 Toggle Bolts for Mailroom in Finance Dept 62.61 281 50 7050 Supplies - Streetscape 1057 Menard Incorporated 48308 14 Extension Cords & 3 Electrical Adapters for Holiday Lighting 67.52 282 50 7050 Supplies - Streetscape 1057 Menard Incorporated 47743 80 - 16" Red Velvet Bows for Holiday Decorations 40.00 283 50 7050 Supplies - Streetscape 1228 Pesche's Inc 46477 Pots for School Signs @ Metro Square Holiday Lighting 25.97 284 50 7050 Supplies - Streetscape 2016 Sign A Rama 31018 Banner for Fire 'Operation North Pole' 242.00 285 50 7055 Other Supplies 1057 Menard Incorporated 47824 13 Bags Concrete Mix & 3 Posts for Holiday Tree Stands 32.41 286 50 7055 Other Supplies 1057 Menard Incorporated 47827 2 PVC Pipes for Holiday Tree Stands 18.74 287 50 7055 Supplies - Street R&M 1067 Orange Crush 476559 Asphalt Surface Material - Main Break Restoration 11/19/14 160.59 288 50 7055 Supplies - Street R&M 1067 Orange Crush 477443 Asphalt Surface Material -Misc Potholes - 12/04/14 226.31 289 50 7055 Supplies - Street R&M 1067 Orange Crush 477363 Asphalt Surface Material - Misc Potholes - 12/03/14 73.14 290 50 7055 Supplies - Street R&M 1067 Orange Crush 477282 Asphalt Surface Material - Misc Potholes - 12/02/14 120.31 291 50 7055 Supplies - Street R&M 1067 Orange Crush 476665 Asphalt Surface Material - Main Break Restoration 11/20/14 422.94 292 50 7055 Street Sign Supplies 1174 3M Co TP17548 2 Rolls of White Sheeting for Sign Making 1,725.00 293 50 7055 Street Sign Supplies 1174 3M Co TP16818 1 Roll of Graphic Film for Sign Making 437.76 294 50 7055 Other Supplies 1550 Addison Building Material Co 791015 White Traffic Paint & Materials for Wolf & Drake Striping 101.77 295 50 7055 Traffic Equipment & Material 1732 Traffic Control & Protection Inc 81988 (96) 6V, (315) D Size Barricade Light Batteries - Stock 465.90 Page 14 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 296 Org 50 Account 7130 Diesel Vendor 1014 Al Warren Oil Company Inc Invoice 10869578 Invoice Desc Diesel Fuel Purchase - 10/10 Amount 6,397.52 297 50 7130 Diesel 1014 Al Warren Oil Company Inc 10879173 Diesel Fuel Purchase - 12/3 7,334.43 298 50 7140 Electricity 1033 ComEd 2607132134-12/14 Electricity 11/05/14-12/04/14 288.98 299 50 7140 Electricity 1033 ComEd 4974507003-12/14 Electricity 11/05/14-12/08/14 546.12 300 50 7200 Other Supplies 1535 Wipeco Inc 0053391 -IN 35 Boxes of Hand Rags 570.00 301 50 7320 Equipment < $5,000 1520 Russo Power Equipment 2250043 Pole Saw Pruner 249.99 302 50 8010 Furniture & Fixtures 1057 Menard Incorporated 47397 Countertop for Mailroom in Finance Department 42.00 303 Total 50 - Public Works & Engineering 313 436,126.11 305 Police Department 306 60 5310 Membership Dues 4243 Greater Cook County Police ;2015 Captains Association Dues 5 Membership Dues Jan -Dec 2015 ( 2 Cmdr, 2 DC, 1 Chief) 150.00 307 60 5325 Training 1661 Center for Public Safety - Northwestern Univ 3739 Crime Scene Class Oct 20-24, 2014 (1 Patrol Officer) 1,100.00 308 60 6015 Communication Services 1680 Pacific Telemanagement Services 705515 Pay Phone Service at PD Jan 2015 228.00 309 60 6110 Printing Services 1142 Copyset Center 42153 1,080 Arrest/Court Files 964.00 310 60 6110 Printing Services 1142 Copyset Center 42269 500 Business Cards 20.00 311 60 6110 Printing Services 1142 Copyset Center 42239 40 Court Record Pads 122.00 312 60 6185 Animal Control 1266 Northwest Animal Hospital 00327370 Stray Animals Nov 2014 403.00 313 60 6185 Animal Control 1266 Northwest Animal Hospital 00327170 Stray Animals Oct 2014 204.00 314 60 6185 Animal Control 4125 Golf Rose Boarding & Grooming 10764 Stray Animals Nov 2014 805.20 315 60 6195 Miscellaneous Contractual Services 1077 Shred -it USA - Chicago 9404507989 Shredding Services at PD Nov 21, 2014 135.99 316 60 6195 Miscellaneous Contractual Services 1077 Shred -it USA - Chicago 9404538295 Shredding Services at PD Nov 28, 2014 135.99 317 60 6195 Miscellaneous Contractual Services 1465 McCloud Services 11307994 Pest Control at PD Oct 30, 2014 120.51 318 60 6195 Miscellaneous Contractual Services 1517 Trans Union LLC 11454858 Investigations Database Nov 2014 213.38 319 60 6305 R&M Equipment 3649 Lueken, Justin 12052014-01 Repair Squad Camera Server Nov 1 -Dec 1, 2014 875.00 320 60 6310 R&M Vehicles 1036 Des Plaines Car Wash Oct 2014 Police Squad Car Washes October 2014 151.00 321 60 6310 R&M Vehicles 1036 Des Plaines Car Wash Nov 2014 Police Squad Car Washes Nov 2014 90.00 322 60 6310 R&M Vehicles 1036 Des Plaines Car Wash Oct 2014 City Car Washes for City Vehicles Oct 2014 10.00 323 60 6310 R&M Vehicles 1075 Royal Touch Car Wash 1626 Squad Car Washes Nov 2014 20.00 324 60 6345 R&M Police Range 2066 Sarge's Range Service Inc SRS -217 Hepa Vacuum of Police Range Nov 4&23,2014 300.00 325 60 7000 Office Supplies 1389 Garvey's Office Products Inc PINV882539 2 Boxes of DVDs, 2 Boxes of Envelopes, 20 File Folders 464.90 326 60 7010 Supplies - Community Relations 1076 Sam's Club Direct 8758 Candy for Volunteer Dinner Dec 4, 2014 109.70 Page 15 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 327 Org 60 Account 7010 Supplies - Community Relations Vendor 1362 Manzo's Banquets Invoice 00386 Invoice Desc Des Plaines Police Volunteer Dinner Dec 4, 2014 Amoun 4,339.75 328 60 7015 Supplies - Police Range 1244 Ray O'Herron Company Inc 1468094 -IN 240 Boxes of .45 Cal & .380 Cal Ammunition 4,040.00 329 60 7015 Supplies - Police Range 1722 Brownells Inc 10699560.00 4 Boxes of Ear Protection for Range 187.07 330 60 7200 Other Supplies 1018 Anderson Lock Company LTD 0861512 25 Station Keys 400.00 331 60 7200 Other Supplies 1018 Anderson Lock Company LTD 0862065 4 Range Keys 22.00 332 60 7200 Other Supplies 1389 Garvey's Office Products Inc PINV878930 6 Document Frames 119.94 333 60 7200 Other Supplies 1580 Mighty Mites 3986 2 Achievement Plaques 110.00 334 60 7200 Other Supplies 2508 Doje's Forensic Supplies 19443 9 Blood Detection Kits 412.05 335 60 7300 Uniforms 1489 JG Uniforms Inc 35277 Winter Jacket for New Officer 165.00 336 60 7300 Uniforms 1489 JG Uniforms Inc 35343 One Pair of Uniform Pants 65.00 337 60 7300 Uniforms 2065 Kale Uniforms IVC9013444 300 Sets of Sergeant Patches 315.00 338 60 7320 Equipment < $5,000 1076 Sam's Club Direct 8125 Water Cooler 134.91 339 60 7320 Equipment < $5,000 1822 Kustoms Signals 506843 6 Antenna Cables for Radar Guns 873.00 340 60 7500 Postage & Parcel 1041 Federal Express 2-857-13103 Delivery Service 10/28- 11/19/2014 41.06 341 60 7500 Postage & Parcel 1041 Federal Express 2-857-13103 Delivery Service 10/28- 11/19/2014 21.06 342 60 7525 Meals 1037 Des Plaines Enterprises Inc Feb -Mar 2014 Prisoner Meals Feb -Mar 2014 14.78 343 Total 60 - Police Department 17,883.29 345 Emergency Management Agency 346 65 7200 Other Supplies 1018 Anderson Lock Company LTD 0855143 10 Keys And 6 Color Coded Key Rings 72.28 347 65 7200 Other Supplies 1121 Chief Supply Corp 143776 2 Cases of Hand Warmers For Volunteers 71.49 348 65 7200 Other Supplies 1121 Chief Supply Corp 174880 8 Cases of Hand Warmers For Volunteers 472.00 349 65 7300 Uniforms 1489 JG Uniforms Inc 35600 2 Uniform Pants For EMA Coordinator 79.70 350 Total 65 - Emergency Management Agency 5345 695.47 352 Fire Department 353 70 5325 Training 2272 Schuck, Jeffrey 960123 Reimb for Strike Force Investigation Mtg 12/10/2014 50.00 354 70 5325 Training 3515 Across the Street Productions 12-2501 (8) 50 -Hour Online Training Subscriptions 2,772.00 355 70 5330 In -Service Training 1267 Northwest Community Hospital E150008 In -Service Training Classes Aug- Oct 2014 & Fixed Admin Fees 5,403.00 356 70 5345 Post -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 548116 1 Coloscreen Test 10/31/2014 10.00 357 70 5345 Post -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 548117 1 Coloscreen & Heavy Metal Test 10/28/2014 61.00 358 70 5345 Post -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 548740 4 Annual Physicals 11/06, 11/11, 11/18 & 11/25/2014 1,132.00 Page 16 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 359 Org 70 Account 5345 Post -Employment Exams Vendor 1015 Alexian Brothers Corporate Health Svcs Invoice 550393 Invoice Desc 1 Annual Physical 11/28/2014 Amount 444.00 360 70 6110 Printing Services 1142 Copyset Center 42115 500 Business Cards 20.00 361 70 6305 R&M Equipment 1502 Batteries Plus 290-253910 Repairs To Cordless Drill 12/01/2014 64.99 362 70 6305 R&M Equipment 1660 Safety-Kleen Systems Inc 65301276 Maint on Parts Washer @ Sta 61 11/26/2014 327.92 363 70 6305 R&M Equipment 1660 Safety-Kleen Systems Inc 65301217 Maint on Parts Washer @ Sta 63 11/26/2014 330.83 364 70 6305 R&M Equipment 2266 Underwriters Laboratories Inc 72020053651 1 Pumper, 1 Aerial and Ground Ladder Tests 10/20 & 10/22/2014 3,533.40 365 70 7000 Office Supplies 1066 Office Depot 743389087001 12 Pk of Scotch Tape 22.10 366 70 7000 Office Supplies 1066 Office Depot 743553289001 2 Wall File Pockets for Station 62 14.84 367 70 7000 Office Supplies 1066 Office Depot 743847370001 5 Boxes 11X17 Paper (4 Boxes To Be Returned) 233.25 368 70 7035 Supplies - Equipment R&M 1013 Ace Des Plaines Inc 233611 R&M Parts For Kitchen Sink Sta 61 2.13 369 70 7035 Supplies - Equipment R&M 1047 Home Depot Credit Svcs 2290003 Credit For Returned Refrigerator Filter (49.95) 370 70 7035 Supplies - Equipment R&M 1057 Menard Incorporated 48327 Office Shelving - Sta 62 255.53 371 70 7035 Supplies - Equipment R&M 1057 Menard Incorporated 48329 Credit For Returned Wood (14.63) 372 70 7035 Supplies - Equipment R&M 1057 Menard Incorporated 48558 Shelving for Office at Station 62 42.35 373 70 7035 Supplies - Equipment R&M 1519 Sensit Technologies 0203654 -IN Calibration Gas 226.69 374 70 7035 Supplies - Equipment R&M 1745 Suburban Accents Inc 21706 6 Sets "DPFD" Decals for Explorers 210.00 375 70 7200 Other Supplies 1043 Grainger 9612573957 Supplies for Lock Out / Tag Out Kits 273.74 376 70 7200 Other Supplies 1046 Hinckley Spring Water Co 10804116 120614 Water Supply 12/04/2014 4.00 377 70 7200 Other Supplies 1057 Menard Incorporated 48545 Supplies for Lock Out/Tag Out Kits 40.02 378 70 7200 Other Supplies 1057 Menard Incorporated 48742 Storage & Decoration Items for Station 63 150.90 379 70 7200 Other Supplies 1147 Zoll Medical Corp 2191979 Cable for Zoll Monitor 192.71 380 70 7200 Other Supplies 1148 WS Darley & Co 17167859 1 Tower Belt for Tower 61 180.95 381 70 7200 Other Supplies 1148 WS Darley & Co 115347 SW Lights & Charging Base For A65 & Twr63 490.00 382 70 7200 Other Supplies 1502 Batteries Plus 290-253746 3 NICD Batteries 119.85 383 70 7300 Uniforms 1570 Public Safety Center Inc 5563219 35 Pairs Extrication Gloves 1,260.00 384 70 7300 Uniforms 1938 VCG Uniform LTD 12073 2 Name Pins For FP P/T Inspectors 38.80 385 70 7320 Equipment < $5,000 1003 AFC International Inc 42432 SCBA Parts: Valves, Springs & Straps 2,423.09 386 70 7320 Equipment < $5,000 2440 DJS Scuba Locker Inc 4081 2 Dive Comm Sys-Emerg Purchase for No Longer Repairable Equip 2,208.30 387 70 7500 Postage & Parcel 1080 Air One Equipment 99870 27 1.75" X 50' Firefighter Hose 122.30 388 Total 70 - Fire Department 22,596.11 Page 17 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # Org Account Vendor Invoice Invoice Desc Amount 390 Fire & Police Commission 391 75 7320 Equipment < 55,000 1080 Air One Equipment 99870 27 1.75" X 50' Firefighter Hose 2,190.00 392 Total 75 - Fire & Police Commission Collection Services for Nov 2014 2,190.00 394 Overhead 395 90 6015 Communication Services 1027 Call One 12/15/2014 Communication Services 12/15/14-01/14/15 2,791.85 396 90 6030 AMB Fee Processing Services 3640 Andres Medical Billing Ltd 134315 Collection Services for Nov 2014 6,412.14 397 90 6195 Miscellaneous Contractual Services 1022 Azavar Technologies Corporation 10552 Utility Tax Audit for Nov 2014 Pymt 46 of 60 ComEd & 23 of 60 Nicor 2,234.70 398 90 6500 Subsidy - Historical Museum 1717 Des Plaines Historical Society January 2015 Jan 2015 Historical Society Subsidy 3,333.33 399 90 7000 Office Supplies 1066 Office Depot 742040234001 2 Cases of Copy Paper, 4 Packs of File Folders, 1 Dz Highlighters 30.76 400 90 8010 Furniture & Fixtures 1220 Runco Office Supply 594628-0 2 Wood Literature Organizers for Mailroom 478.00 401 90 8010 Furniture & Fixtures 1220 Runco Office Supply 597307-0 1 Wood Literature Organizer 239.00 402 Total 90 - Overhead 6150 15,519.78 404 Total 100 - General Fund 587,081.88 405 Fund: 201 - TIF #1 Downtown Fund 406 00 6000 Professional Services 2785 Walker Parking Consultants 31741900010 Civic Center Deck - Professional Services 11/01- 11/30/2014 6,112.08 407 00 6000 Professional Services 2785 Walker Parking Consultants 31769800006 Engineering Services for Parking Structure Repairs 11/1 -11/30 1,466.07 408 00 6150 City Maintenance 1074 Rosborough Partners Inc 93715 Landscape Management - 11/14/14 - Library Plaza 6 of 6 242.00 409 00 6150 City Maintenance 1074 Rosborough Partners Inc 93716 Landscape Management - Metra Station - 11/14/14 6 of 6 215.00 410 00 6150 City Maintenance 1074 Rosborough Partners Inc 93718 Landscape Management - City Hall 11/14/14 6 of 6 360.00 411 00 6150 City Maintenance 1074 Rosborough Partners Inc 93719 Landscape Management - Ellinwood - 11/14/14 - 6 of 6 336.00 412 00 6150 City Maintenance 1074 Rosborough Partners Inc 93720 Landscape Management - Metro Square -11/14/14 - 6 of 6 253.00 413 00 6150 City Maintenance 1074 Rosborough Partners Inc 93923 Installation of Tulip Bulbs - Metro Square - 11/19/14 1,222.00 414 00 6150 City Maintenance 1074 Rosborough Partners Inc 93924 Installation of Tulip Bulbs - Library Plaza - 11/19/14 1,260.00 415 00 6150 City Maintenance 1074 Rosborough Partners Inc 93929 Installation of Tulip Bulbs - Ellinwood - 11/19/14 857.00 416 00 6150 City Maintenance 4596 TLC Group 40119 Landscape Restoration Services -June 2014 1,585.94 Page 18 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 417 Org 00 Account 6150 City Maintenance Vendor 5139 All Cleaners Incorporated Invoice 112414-DesPlaine Invoice Desc Amount Sidewalk Deicing Application - 11/24 2,760.00 418 00 6195 Miscellaneous Contractual Services 1019 Anderson Pest Solutions 3187578 Pest Control - Train Station - December 2014 36.00 419 00 6195 Miscellaneous Contractual Services 1029 Cintas #22 022832603 Mat Rental - Train Station - 12/8 30.42 420 00 6195 Miscellaneous Contractual Services 1029 Cintas #22 022829543 Mat Rental - Train Station - 12/1 30.42 421 00 6195 Miscellaneous Contractual Services 1029 Cintas #22 022835688 Mat Rental - Train Station - 12/15 30.42 422 00 6195 Miscellaneous Contractual Services 1178 Trugreen 27877671 Final Fertilizer Application on Greenspaces in TIF #1 12/01/14 199.95 423 00 6315 R&M Buildings & Structures 4923 J Gill & Company 1742 Repairs to the Metro & Library Parking Decks 10/26-11/23 73,921.88 424 00 6601 Subsidy - Business Assistance 5191 Giordanos of Des Plaines Bus Asst Grant Facade Rehab Program 12/15/2014 5,000.00 425 00 7050 Supplies-Streetscape 1013 Ace Des Plaines Inc 233565 8 Electrical Cords for Small Holiday Trees 64.18 426 00 7050 Supplies - Streetscape 1043 Grainger 9606884899 15 Light Bulbs for Metro Parking Deck 212.55 427 00 7050 Supplies - Streetscape 1047 Home Depot Credit Svcs 3026189 Garland for Metro Square Sign 199.80 428 00 7050 Supplies - Streetscape 1057 Menard Incorporated 48601 10 Replacement Bulbs for Metro Deck Light Line 7.80 429 00 7050 Supplies - Streetscape 1057 Menard Incorporated 48242 3 LED Replacement Bulbs for Holiday Lights 45.00 430 00 7050 Supplies - Streetscape 5175 Nite Lite Signs & Balloons Inc 43042 Patio Heater Rental for Holiday Lighting - 12/5/14 535.00 431 00 7140 Electricity 1033 ComEd 5310658082-12/14 Electricity 11/05/14-12/05/14 51.45 432 00 7140 Electricity 1033 ComEd 5310657021-12/14 Electricity 11/05/14-12/05/14 66.64 433 00 7140 Electricity 1033 ComEd 0237106099-12/14 Electricity 11/05/14-12/05/14 434.48 434 00 8375 Bank/Trust/Agency Fees 1718 Amalgamated Bank of Chicago 1855332005-2014 Bank/Agency Fees Bond Series 2013 12/01/2014-11/30/2015 165.00 435 00 8375 Bank/Trust/Agency Fees 1718 Amalgamated Bank of Chicago 1854610001-2014 Bank/Agency Fees Bond Series 2011 12/01/2014-11/30/2015 123.75 436 00 8375 Bank/Trust/Agency Fees 1718 Amalgamated Bank of Chicago 1855052003-2014 Bank/Agency Fees Bond Series 2012 12/01/2014-11/30/2015 495.00 437 Total 00 - Non Departmental 98,318.83 439 Total 201- TIF #1 Downtown Fund 98,318.83 Page 19 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # Org Account Vendor Invoice Invoice Desc Amount 442 Fund: 203 - TIF #3 Wille Road Fund 443 00 6000 Professional Services 1332 Kane McKenna & Associates Inc 12758 JRB Meeting and TIF 3 Analysis 11/5-11/24/2014 437.50 444 00 8375 Bank/Trust/Agency Fees 1718 Amalgamated Bank of Chicago 1855332005-2014 Bank/Agency Fees Bond Series 2013 12/01/2014-11/30/2015 165.00 445 00 8375 Bank/Trust/Agency Fees 1718 Amalgamated Bank of Chicago 1854610001-2014 Bank/Agency Fees Bond Series 2011 12/01/2014-11/30/2015 123.75 446 Total 00 - Non Departmental 1372 Morton Salt 726.25 448 Total 203 - TIF #3 Wille Road Fund 726.25 451 Fund: 205 - TIF #5 Perry/Lee Fund 452 00 8375 Bank/Trust/Agency Fees 1718 Amalgamated Bank of Chicago 1854610001-2014 Bank/Agency Fees Bond Series 2011 12/01/2014-11/30/2015 123.75 453 Total 00 - Non Departmental 8375 123.75 455 Total 205 - TIF #5 Perry/Lee Fund 123.75 458 Fund: 206 - TIF #6 Mannheim/Higgins Fund 459 00 8375 Bank/Trust/Agency Fees 1718 Amalgamated Bank of Chicago 1855332005-2014 Bank/Agency Fees Bond Series 2013 12/01/2014-11/30/2015 165.00 460 00 8375 Bank/Trust/Agency Fees 1718 Amalgamated Bank of Chicago 1854610001-2014 Bank/Agency Fees Bond Series 2011 12/01/2014-11/30/2015 123.75 461 Total 00 - Non Departmental 7160 288.75 463 Total 206 - TIF #6 Mannheim/Higgins Fund 288.75 466 Fund: 230 - Motor Fuel Tax Fund 467 00 7140 Electricity 1033 ComEd 3657136067-12/14 Electricity 11/05/14-12/08/14 913.92 468 00 7140 Electricity 1033 ComEd 2644104014-12/14 Electricity 11/04/14-12/04/14 457.98 469 00 7160 Ice Control 1372 Morton Salt 5400616230 Rock Salt Purchase 12/4/14 46,463.81 470 00 7160 Ice Control 1372 Morton Salt 5400610016 Rock Salt Purchase 11/26/14 1,637.06 471 00 7160 Ice Control 1372 Morton Salt 5400609003 Rock Salt Purchase 11/26/14 19,683.42 472 00 7160 Ice Control 1372 Morton Salt 5400607135 Rock Salt Purchase 11/25/14 75,646.00 473 00 7160 Ice Control 1372 Morton Salt 5400603522 Rock Salt Purchase 11/20/14 8,251.26 474 00 7160 Ice Control 1372 Morton Salt 5400600816 Rock Salt Purchase 11/19/14 5,195.40 475 00 7160 Ice Control 1372 Morton Salt 5400605499 Rock Salt Delivered on 11/24 10,078.56 476 Total 00 - Non Departmental 168,327.41 478 Total 230 - Motor Fuel Tax Fund 168,327.41 Page 20 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 483 Org Account Vendor Invoice Invoice Desc Amount Fund: 240 - CDBG Fund 484 00 6570 Subsidy - Residential Rehab 1264 North West Housing Partnership July -Sep 2014HR Home Repair Program 7/1- 9/30/2014 2,700.00 485 00 6570 Subsidy - Residential Rehab 1264 North West Housing Partnership July -Sep 2014H Home Buyer Education Workshop 7/1-9/30/2014 500.00 486 Total 00 - Non Departmental 8015 3,200.00 488 Total 240 - CDBG Fund 3,200.00 491 Fund: 250 - Grant Projects Fund 492 00 6000 Professional Services 1163 URS Corp 6069935 Construction Engr-River Rd Recon, Ph 2 10/27-10/31/2014 1,532.16 493 00 6000 Professional Services 1199 Spaceco Inc Ballard 3 Engr Services - Ballard Road Sidewalk/Sidepath 10/26- 11/29/2014 9,370.30 494 00 8015 Equipment 5176 Driven Fence Inc 14-2874 6 Foot Chain Link Fence 877.92 495 00 8015 Equipment 5176 Driven Fence Inc 14-2873 6 Foot Chain Link Fence 982.16 496 00 8100 Improvements 5048 Greco Contractors Inc 2014 -River -P2 Contractor -DP River Rd Recon Ph 2 11/01-12/01/2014 18,495.00 497 Total 00 - Non Departmental 31,257.54 499 Total 250 - Grant Projects Fund 31,257.54 502 Fund: 260 - Asset Seizure Fund 503 00 6195 Miscellaneous Contractual Services 5168 Golf Rose Animal Hospital 131940 Canine Exam Nov 18, 2014 44.80 504 00 7015 Supplies - Police Range 4337 Amchar Wholesale Incorporated 00744139 50 Boxes of .308 Ammunition 1,045.00 505 00 7320 Equipment < $5,000 1045 Havey Communications 4158 Cargo Vault for Police Canine Squad K9 Dec 13-15, 2014 1,983.00 506 Total 00 - Non Departmental 3,072.80 508 N/A 2484 Seized/Pending Forfeit 1320 IL State Police 14-16400 Forfeiture Award 2,770.00 509 N/A 2484 Seized/Pending Forfeit 1320 IL State Police 14-21628 Forfeiture Award 200.00 510 N/A 2484 Seized/Pending Forfeit 5169 Joseph Ghandour & Darryl Goldberg, Attorney 14-16400 Court Order to Release Seized USC 600.00 511 Total N/A 3,570.00 513 Total 260 - Asset Seizure Fund 6,642.80 516 Fund: 280 - Emergency Telephone System Fund 517 00 6305 R&M Equipment 1189 SEPS Inc 1/611470 Renewal of Maint for Uninterruptible Power Source Jan -Dec 2015 6,159.90 518 Total 00- Non Departmental 6,159.90 520 Total 280 - Emergency Telephone System Fund 6,159.90 Page 21 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 523 Org Account Vendor Invoice Invoice Desc Amount Fund: 400 - Capital Projects Fund 524 00 6000 Professional Services 1394 Gewalt Hamilton Associates Inc 4816-100-11 Engr Consultant -Lee at Forest Traffic Signal 10/27- 11/23/2014 2,551.45 525 00 6000 Professional Services 2436 Haeger Engineering LLC 76352 2015 CIP Topographic Surveying 10/03-11/30/2014 8,346.25 526 00 6025 Administrative Services 1172 Third Millennium Associates Inc 17567 Utility Bill Rendering 11/24/2014 308.63 527 00 7500 Postage & Parcel 1041 Federal Express 2-857-13103 Delivery Service 10/28- 11/19/2014 45.30 528 00 8100 Improvements 1067 Orange Crush 2014 -A -P7 Construction 2014 CIP St & Utility 10/24-12/05/2014 822,402.93 529 00 8100 Improvements 1364 Martam Construction 2014 -D -P2 Contractor -2014 Rear Yard Drainage 12/01-12/31/2014 73,327.05 530 00 9260 Transfer to Grant Projects Fund 1199 Spaceco Inc Ballard 3 Engr Services - Ballard Road Sidewalk/Sidepath 10/26- 11/29/2014 2,342.58 531 Total 00 - Non Departmental 909,324.19 533 Total 400 - Capital Projects Fund 909,324.19 536 Fund: 410 - Equipment Replacement Fund 537 60 8015 Equipment 1045 Havey Communications 4118 Purchase & Install of Equip for Squad 61 on 12/02/2014 8,624.00 538 Total 60 - Police Department 1501 Foster Coach Sales Inc 8,624.00 540 70 7320 Equipment < $5,000 1080 Air One Equipment 99870 271.75" X 50' Firefighter Hose 3,723.00 5 Panasonic Toughbooks CF -19 70 8015 Equipment 1501 Foster Coach Sales Inc 5263 Alum Shelf for Extrication 357.29 541 15,623.60 550 Total 00 - Non Departmental 35,873.60 Equip Compartment on Twr61 542 Total 70 - Fire Department 4,080.29 544 Total 410 - Equipment Replacement Fund 12,704.29 547 Fund: 420 - IT Replacement Fund 548 00 8005 Computer Hardware 1133 CDS Office Technologies INV0888910 5 Panasonic Toughbooks CF -19 20,250.00 549 00 8005 Computer Hardware 4288 Burwood Group Incorporated INV21723 4 VSHERE Enterprise Licenses & Maint 11/25/2014- 11/24/2015 15,623.60 550 Total 00 - Non Departmental 35,873.60 552 Total 420 - IT Replacement Fund 35,873.60 555 Fund: 500 - Water/Sewer Fund 556 00 4601 New Construction - Sale of Water 5188 Landworks Ltd WO #20141000002 Hydrant Usage Refund 12/09/2014 (119.78) 557 00 4601 New Construction - Sale of Water 5199 Landscapes By Gary Weiss Inc WO #2014500001 Hydrant Usage Refund 12/16/2014 (408.48) Page 22 of 37 City of Des Plaines Warrant Register 01/05/2015 Line# 558 Org 00 Account 5325 Training Vendor 1252 NIPSTA Invoice 13085 Invoice Desc 2 Leadership Training - 2 Foremen Amount 50.00 559 00 5325 Training 1252 NIPSTA 13085 2 Leadership Training - 2 Foremen 50.00 560 00 5325 Training 1576 Illinois Section American Water Works Association 200014071 Water/Sewer Training 12/09/2014 - 2 Foremen 32.00 561 00 5325 Training 1576 Illinois Section American Water Works Association 200014071 Water/Sewer Training 12/09/2014 - 2 Foremen 32.00 562 00 6000 Professional Services 1356 MWH Americas Inc 1670470 SCADA Water System Upgrades 08/22-11/28/14 1,045.84 563 00 6000 Professional Services 1356 MWH Americas Inc 1670410 Task Order #4-NWC Conveyance Line 11/1 - 11/28/14 3,981.74 564 00 6000 Professional Services 1356 MWH Americas Inc 1670038 Task Order #5 -Main Break Analysis 11/1-11/28/14 3,000.00 565 00 6000 Professional Services 1356 MWH Americas Inc 1670411 Task Order #3 -Central Pump Station, 11/1- 11/28/2014 77,523.80 566 00 6000 Professional Services 1606 Dixon Engineering Inc 14-8479 Central Water Tank Rehabilitation Engineering Srvs 9/22-11/17/14 7,025.00 567 00 6000 Professional Services 4022 M E Simpson Co Inc 26268 Water Leak Detection Services 11/13/14-11/26/14 14,148.00 568 00 6015 Communication Services 1027 Call One 12/15/2014 Communication Services 12/15/14-01/14/15 204.05 569 00 6015 Communication Services 1027 Call One 12/15/2014 Communication Services 12/15/14-01/14/15 328.14 570 00 6115 Licensing/Titles 5194 Williams, David B Reimb 11/25/14 Reimb for CDL - Expires 01/09/2019 50.00 571 00 6180 Water Sample Testing 1642 Suburban Laboratories, Inc 117706 Water Sample Testing -11/07, 11/10 & 11/12/2014 1,472.00 572 00 6180 Water Sample Testing 1642 Suburban Laboratories, Inc 118122 Water Sample Testing - 11/20/14 168.50 573 00 6195 Miscellaneous Contractual Services 1303 HD Supply Waterworks LTD 0314249 Installation of Meters 11/18- 11/20 648.00 574 00 6195 Miscellaneous Contractual Services 1355 MQ Construction Company 11.1-16-0133 Spoil Pile Testing -10/16/14 1,480.00 575 00 6305 R&M Equipment 1303 HD Supply Waterworks LTD C938055 Repair Sensus Hand Held - 9/24/14 508.13 576 00 6305 R&M Equipment 1564 EJ Equipment Inc 0066311 Cues Camera Repair - 11/19/14 1,010.24 577 00 6335 R&M Water Distribution System 1467 HBK Water Meter Service Inc 14-813 3 Bench Test Meters - 11/17/14 84.00 578 00 6335 R&M Water Distribution System 5195 Suburban Welding & Steel LLC 59743 Repair to Sewer Cap 10/29/2014 143.75 579 00 6505 Subsidy - Sewer Lateral Program 5179 Jones, Marilyn SLP14-045 Sewer Rebate 12/10/2014 2,000.00 580 00 6505 Subsidy - Sewer Lateral Program 5180 Mulhern, Michael D SLP14-047 Sewer Rebate 12/10/2014 1,875.00 581 00 6505 Subsidy - Sewer Lateral Program 5181 Vail, Mary P SLP14-048 Sewer Rebate 12/10/2014 45.00 582 00 6505 Subsidy - Sewer Lateral Program 5182 Chen, Sheng SLP14-049 Sewer Rebate 12/10/2014 29.70 Page 23 of 37 City of Des Plaines Warrant Register 01/05/2015 Line# 583 Org 00 Account 6505 Subsidy - Sewer Lateral Program Vendor 5183 J&K Cleaning Service Invoice SLP14-046 Invoice Desc Sewer Rebate 12/10/2014 Amount 922.50 584 00 6510 Subsidy - Flood Assistance 5015 Popely, Richard V FRP14-068 Flood Rebate 12/10/2014 115.50 585 00 7000 Office Supplies 1066 Office Depot 743762154001 3 Wall Calendars, Tape, Post -its 52.68 586 00 7020 Supplies - Safety 1703 Prosafety Inc 2/792060 24 White Paint, 18 Safety Gloves, Case Green Utility Flags 253.20 587 00 7030 Supplies - Tools & Hardware 1013 Ace Des Plaines Inc 233476 2 Drill Bits - Sewer 5.05 588 00 7030 Supplies - Tools & Hardware 1057 Menard Incorporated 47755 20 Pack of AA Batteries, 1 Drill Set, 1 Heater 19.97 589 00 7030 Supplies - Tools & Hardware 1057 Menard Incorporated 48361 Ladder - Central Tank 23.26 590 00 7030 Supplies - Tools & Hardware 1520 Russo Power Equipment 2236603 7 Shovels 260.93 591 00 7030 Supplies - Tools & Hardware 4093 HDS White Cap Construction Supply 10002716087 100 Pair Shoe Covers - PW Stock 36.49 592 00 7035 Supplies - Equipment R&M 1057 Menard Incorporated 47755 20 Pack of AA Batteries, 1 Drill Set, 1 Heater 9.97 593 00 7035 Supplies - Equipment R&M 1062 NAPA of Des Plaines 540491 2 Oil, 2 Fuel & 2 Air and 2 Hydraulic Filters -PW 65A & 11B, 12B 27.82 594 00 7035 Supplies - Equipment R&M 1154 West Side Tractor W31197 4 Joint Straps, 6 Screws, 3 Seals, 3 Filters - PW 16W/Stock 349.14 595 00 7040 Supplies - Vehicle R&M 1018 Anderson Lock Company LTD 0861141 4 Spare Keys for PW #254 9.10 596 00 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-901397 4 Brake Rotors, 4 Wheel Bearings, Brake Pads, Oil Seal - PW 254 384.88 557 00 7040 Supplies - Vehicle R&M 1057 Menard Incorporated 48581 Tire Chuck, 2 Gorilla Tapes - PW #267 & Stock 96.17 598 00 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 540019 4 Fuel, Oil and Hydraulic Filters - Stock 54.17 599 00 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 540617 1 Air & 1 Fuel Filters - PW #2S and 43W 14.17 600 00 7040 Supplies - Vehicle R& M 1062 NAPA of Des Plaines 540476 10i1 & 2 Air Filters - Stock 104.78 601 00 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 540475 1 Oil & 1 Fuel Filters - PW Stock 22.09 602 00 7040 Supplies - Vehicle R&M 1520 Russo Power Equipment 2247039 1 Carburetor Assembly for Generator - PW #205 59.53 603 00 7040 Supplies - Vehicle R&M 1674 Spring -Align of Palatine, Inc 98548 2 Rear Spring, 10 Bolts, 2 Brackets - PW 253 670.85 604 00 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-212241 Oil, Fuel and Air Filters - PW #181 32.26 605 00 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs 490-101520-01 8 Vehicle 12V Batteries Including Recycling Credit 538.00 606 00 7050 Supplies - Streetscape 1347 Lurvey Landscape Supply T1-10091811 2 Cubic Yards of Black Dirt 53.80 Page 24 of 37 City of Des Plaines Warrant Register 01/05/2015 Line tt 607 Org 00 Account 7055 Other Supplies Vendor 1057 Menard Incorporated Invoice 48228 Invoice Desc 2 Propane Cylinders, 3 Clorox Wipes, 2 Heaters, 1 Degreaser Amount 63.90 608 00 7070 Other 1053 Kimball Midwest 3900014 680 Bolts for Fire Hydrants 491.70 609 00 7070 Other 1086 Arrow Road Construction 50006MB Hot Mix Asphalt Purchase on 11/14 Main Breaks 360.96 610 00 7070 Water Meters 1303 HD Supply Waterworks LTD D194524 6" Water Meter 3,675.00 611 00 7070 Other 1303 HD Supply Waterworks LTD D313261 2 Brass Couplings 120.00 612 00 7070 Other 1303 HD Supply Waterworks LTD D313215 6 Brass Couplings, 4 Brass Roundaways, 3 Brass Corps 2,092.00 613 00 7070 Other 1303 HD Supply Waterworks LTD D313301 6 Water Main End Caps 341.11 614 00 7070 Other 1303 HD Supply Waterworks LTD D337763 40 Watermain Pipes, 2 Rubber Gaskets 699.20 615 00 7070 Other 1303 HD Supply Waterworks LTD D277286 1 Water Shut Off Valve 62.60 616 00 7070 Other 1303 HD Supply Waterworks LTD D217528 1 Sleeve/Clamp 191.70 617 00 7070 Other 1709 Ziebell Water Service Products Inc 227356-000 2 Tap Sleeves and 2 Corps 611.18 618 00 7070 Other 1709 Ziebell Water Service Products Inc 227378-000 40 Feet Copper Pipe, 2 Brass Couplings 979.48 619 00 7075 Supplies - Sewer System Maintenance 1255 Neenah Foundry Co 809394 4 Manhole Frames, 9 Rings, Grate 1,495.00 620 00 7075 Supplies - Sewer System Maintenance 1255 Neenah Foundry Co 108200 20 Sanitary Covers 2,160.33 621 00 7075 Supplies - Sewer System Maintenance 3214 Kieft Brothers Inc 207092 91 Sewer Blocks, 56 Gaskets 883.00 622 00 7075 Supplies - Sewer System Maintenance 3214 Kieft Brothers Inc 207423 Sewer Structure Cover 803.00 623 00 7130 Diesel 1014 Al Warren Oil Company Inc 10869578 Diesel Fuel Purchase - 10/10 677.39 624 00 7130 Diesel 1014 Al Warren Oil Company Inc 10869578 Diesel Fuel Purchase - 10/10 451.59 625 00 7130 Diesel 1014 Al Warren Oil Company Inc 10879173 Diesel Fuel Purchase - 12/3 776.59 626 00 7130 Diesel 1014 Al Warren Oil Company Inc 10879173 Diesel Fuel Purchase -12/3 517.72 627 00 7140 Electricity 1033 ComEd 5646761001-12/14 Electricity 11/03/14-12/03/14 29.68 628 00 7140 Electricity 1033 ComEd 2902009038-12/14 Electricity 11/04/14-12/05/14 472.42 629 00 7140 Electricity 1033 ComEd 5222730006-12/14 Electricity 11/03/14-12/03/14 251.08 630 00 7140 Electricity 1033 ComEd 6152054027-12/14 Electricity 11/04/14-12/04/14 10,696.86 631 00 7140 Electricity 1033 ComEd 3240002012-11/14 Electricity 10/27/14-11/25/14 436.52 632 00 7140 Electricity 1033 ComEd 4995025051-12/14 Electricity 11/03/14-12/04/14 32.33 633 00 7140 Electricity 1033 ComEd 3526170000-12/14 Electricity 11/03/14-12/03/14 149.16 634 00 7140 Electricity 1033 ComEd 0718079040-12/14 Electricity 11/05/14-12/08/14 37.43 635 00 7140 Electricity 1033 ComEd 2382141015-12/14 Electricity 11/05/14-12/08/14 79.75 636 00 7140 Electricity 1033 ComEd 2038128006-12/14 Electricity 11/03/14-12/04/14 48.77 637 00 7140 Electricity 1033 ComEd 3461136053-12/14 Electricity 11/04/14-12/04/14 27.92 638 00 7140 Electricity 1033 ComEd 6331089024-12/14 Electricity 11/04/14-12/05/14 465.79 639 00 7140 Electricity 1033 ComEd 1602149012-12/14 Electricity 11/04/14-12/05/14 267.81 640 00 7140 Electricity 1033 ComEd 3526009006-12/14 Electricity 11/06/14-12/08/14 61.39 641 00 7140 Electricity 1033 ComEd 2148094073-11/14 Electricity 10/08/14-11/06/14 77.19 642 00 7140 Electricity 1033 ComEd 0575134020-12/14 Electricity 10/31/14-12/03/14 91.79 643 00 7300 Uniforms 2067 Cutler Workwear 59558 Winter Outerwear 2 Coats - Uniform 209.29 Page 25 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 644 Org 00 Account 7310 Publications Vendor 1563 American Water Works Assoc (AWWA) Invoice 7000893302 Invoice Desc Water Standards on CD Update 02/01/2015-01/31/2016 Amount 695.00 645 00 7320 Equipment < $5,000 1057 Menard Incorporated 48228 2 Propane Cylinders, 3 Clorox Wipes, 2 Heaters, 1 Degreaser 47.94 646 00 7320 Equipment < $5,000 1057 Menard Incorporated 47755 20 Pack of AA Batteries, 1 Drill Set, 1 Heater 49.94 647 00 8100 Improvements 1067 Orange Crush 2014 -A -P7 Construction 2014 CIP St & Utility 10/24-12/05/2014 110,851.83 648 00 8100 Improvements 4924 DN Tanks Inc 14R27-2 Central Road Reservoir Improvements 11/1/-11/30/14 79,451.15 649 Total 00 - Non Departmental 663 342,507.43 651 30 6025 Administrative Services 1172 Third Millennium Associates Inc 17567 Utility Bill Rendering 11/24/2014 1,448.17 652 Total 30 - Finance 659 1,448.17 654 Total 500 - Water/Sewer Fund 343,955.60 657 Fund: 510 - City Owned Parking Fund 658 00 4665 Parking Fees 4300 Passport Parking Incorporated 1672 Parking Fees for Nov 2014 59.20 659 00 6015 Communication Services 1027 Call One 12/15/2014 Communication Services 12/15/14-01/14/15 478.37 660 00 6015 Communication Services 1027 Call One 12/15/2014 Communication Services 12/15/14-01/14/15 95.53 661 00 7060 Supplies - Parking Lots 1043 Grainger 9616329224 9 Light Bulbs for Library Parking Deck 127.53 662 00 7140 Electricity 1033 ComEd 4722388001-12/14 Electricity 11/04/14-12/08/14 17.62 663 00 7140 Electricity 1033 ComEd 2239082030-12/14 Electricity 11/05/14-12/05/14 942.75 664 00 7140 Electricity 1033 ComEd 0354464001-12/14 Electricity 11/05/14-12/04/14 5,397.39 665 00 7140 Electricity 1033 ComEd 4791127023-12/14 Electricity 11/05/14-12/05/14 4,302.06 666 Total 00- Non Departmental 11,420.45 668 Total 510 - City Owned Parking Fund 11,420.45 669 Fund: 520 - Metra Leased Parking Fund 670 00 4665 Parking Fees 1165 Union Pacific Railroad Nov 2014 Parking Fees for Nov 2014 2,840.43 671 00 4665 Parking Fees 4300 Passport Parking Incorporated 1672 Parking Fees for Nov 2014 375.92 672 00 7060 Supplies - Parking Lots 1728 Total Parking Solutions Inc 102840 16 Rolls of Receipt Paper for Parking Meters 643.00 673 00 7140 Electricity 1033 ComEd 5310666002-12/14 Electricity 11/05/14-12/05/14 1,469.67 674 Total 00 - Non Departmental 5,329.02 676 Total 520 - Metra Leased Parking Fund 5,329.02 Page 26 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # 679 Org Fund: 590 Account Vendor Invoice - DPECC - DP Emergency Comm Center Invoice Desc Amount 680 00 6000 Professional Services 4711 Stivers Staffing Services 8000004 Staffing Services Week Ending 11/22/2014 780.00 681 00 6000 Professional Services 4711 Stivers Staffing Services 8000028 Staffing Services Week Ending 11/29/2014 780.00 682 00 6000 Professional Services 4711 Stivers Staffing Services 9625062 Staffing Services Week Ending 12/06/2014 780.00 683 00 6015 Communication Services 1027 Call One 12/15/2014 Communication Services 12/15/14-01/14/15 11,465.86 684 00 6195 Miscellaneous Contractual Services 1077 Shred -it USA - Chicago 9404573557 Shredding Services 12/8/14 44.20 685 00 6305 R&M Equipment 1621 AT&T Global Services Inc SB821918 Viper Telephone Back -Up Center Maintenance 1,587.12 686 00 6305 R&M Equipment 2933 SMS Systems Maintenance Services Inc 0000566336 CAD Hardware Maintenance 12/1/14 to 12/31/14 200.00 687 Total 00- Non Departmental 1657 Richard, Thomas 15,637.18 689 Total 590 - DPECC - DP Emergency Comm Center 15,637.18 692 Fund: 600 - Risk Management Fund 693 00 5545 MICA Deductible 1061 Municipal Insurance Cooperative 015554 049934 MICA Deductible 01/03/2014 1,000.00 694 00 5545 MICA Deductible 1061 Municipal Insurance Cooperative 014441 049939 MICA Deductible 05/03/2014 120.00 695 00 5545 MICA Deductible 1061 Municipal Insurance Cooperative 015338 049940 MICA Deductible 07/02/2013 152.00 696 00 5545 MICA Deductible 1061 Municipal Insurance Cooperative 015920 049941 MICA Deductible 07/09/2014 1,000.00 697 00 5545 MICA Deductible 1061 Municipal Insurance Cooperative 015936 049942 MICA Deductible 10/18/2014 1,000.00 698 00 5545 MICA Deductible 1061 Municipal Insurance Cooperative 015956 049943 MICA Deductible 06/20/2014 1,000.00 699 00 5555 Workers' Comp Expense 1657 Richard, Thomas 11/04-11/17/14 Workers Compensation 11/04- 11/17/2014 989.12 700 00 5555 Workers' Comp Expense 1657 Richard, Thomas 11/18-12/01/14 Workers Compensation 11/18- 12/01/14 989.12 701 00 5555 Workers' Comp Expense 1657 Richard, Thomas 12/02-12/15/14 Workers Compensation 12/02- 12/15/14 989.12 702 00 5555 Workers' Comp Expense 1715 First Script Network Services Inc FSPBM3187692 Workers Compensation DOS 11/12/2014 390.26 703 00 5555 Workers' Comp Expense 1715 First Script Network Services Inc FSPBM3187693 Workers Compensation DOS 11/12/2014 50.54 704 00 5565 Claims Administration Fee 2243 Sedgwick CMS B1043336 Unemployment Admin Srvcs 01/19/2015-04/19/2015 550.00 705 00 5570 Self Insured P&L Expense 1089 Autokrafters of Des Plaines RD14-29664 Vehicle Damage Reimbursement 10/18/2014 5,662.01 706 Total 00 - Non Departmental 13,892.17 708 Total 600 - Risk Management Fund 13,892.17 712 Fund: 700 - Escrow Fund 713 N/A 2430 Escrow - Police Items 1320 IL State Police Nov 2014 City Background Check Services Nov 2014 City Fingerprints 63.00 714 N/A 2460 Refundable Bonds 1498 Indestructo Rental Company Inc 14090119 Temporary Banner Refund 12/2/2014 200.00 715 N/A 2460 Refundable Bonds 2019 Classic Party Rentals 12090246 Temporary Tent Refund 12/11/2014 250.00 Page 27 of 37 City of Des Plaines Warrant Register 01/05/2015 Line # Org Account - : or 2363 Subway Invoice 12080249 Invoice Desc Temporary Banner Refund 12/11/2014 Amount 200.00 716 N/A 2460 Refundable Bonds 717 N/A 2460 Refundable Bonds 2363 Subway 12110137 Temporary Banner Refund 12/11/2014 200.00 718 N/A 2460 Refundable Bonds 3368 Insure Now Inc 13010142 Temporary Banner Refund 12/11/2014 200.00 719 N/A 2460 Refundable Bonds 3370 St Stephen Church 13070337 Temporary Tent Refund 12/11/2014 250.00 720 N/A 2460 Refundable Bonds 3424 AMA Dancers & Co 12110147 Temporary Banner Refund 12/11/2014 200.00 721 N/A 2460 Refundable Bonds 4287 Doyle Signs Incorporated 12070219 Temporary Banner Refund 12/11/2014 200.00 722 N/A 2460 Refundable Bonds 5185 Subway Development Corp of Chicagoland 13090035 Temporary Banner Refund 12/11/2014 200.00 723 N/A 2464 Hydrant Deposits 5188 Landworks Ltd WO #20141000002 Hydrant Usage Refund 12/09/2014 1,100.00 724 N/A 2464 Hydrant Deposits 5199 Landscapes By Gary Weiss Inc WO #2014500001 Hydrant Usage Refund 12/16/2014 1,100.00 725 N/A 2486 Additional Contracts - Engineering 1067 Orange Crush 2014 -A -P7 Construction 2014 CIP St & Utility 10/24-12/05/2014 869.25 726 N/A 2493 Escrow Projects 1050 Journal & Topics 163042 2014 Holiday Lighting Ceremony - Advertisement 12/03/2014 500.00 727 N/A 2493 Escrow Projects 1050 Journal & Topics 162897 2014 Holiday Lighting Ceremony -Advertisement 11/26/2014 635.00 728 N/A 2493 Escrow Projects 1389 Garvey's Office Products Inc PINV879411 Copy Paper, Laminating Sheets 186.67 729 N/A 2493 Escrow Projects 3292 Service Sanitation Inc 6947847 2014 Holiday Lighting Ceremony - Portable Restrooms 288.00 730 Total N/A 6,641.92 732 Total 700 - Escrow Fund 6,641.92 734 Grand Total 2,256,905.53 Page 28 of 37 City of Des Plaines Warrant Register - 01/05/2015 Manual Checks Line # 735 Org Account Vendor Invoice Invoice Desc Amount Fund: 100 - General Fund 736 00 4300 Vehicle Licenses 4699 Kondiles, Sam Repl Check Replaces Check 114469 Dated 06/16/2014 5.00 737 00 4300 Vehicle Licenses 4659 Nichele, Michelle Repl Check Replacement Vehicle Sticker Refund 05/21/2014 2.50 738 Total 00 - Non Departmental 1010 AT&T Mobility 7.50 740 20 5335 Travel Expenses 1801 Petty Cash Finance 12/05/14 Replenish Finance Petty Cash 9/18-12/04/2014 16.01 741 20 6015 Communication Services 1010 AT&T Mobility 287025333959121 4 Communication Service 11/04- 12/03/2014 1,092.12 742 20 6015 Communication Services 1010 AT&T Mobility 839230867x12111 4 Communication Service 11/04- 12/03/2014 15.35 743 20 6015 Communication Services 1032 Comcast Cable 12/11/14 x1141 Internet/Cable Service 12/18/2014-01/17/2015 240.98 744 20 6015 Communication Services 1533 Wide Open West 11/22/14 x6044 Internet/Cable Service 11/21- 12/20/2014 93.00 745 20 6530 Subsidy - Community Outreach 1801 Petty Cash Finance 12/05/14 Replenish Finance Petty Cash 9/18-12/04/2014 75.00 746 20 6530 Subsidy - Community Outreach 1801 Petty Cash Finance 12/05/14 Replenish Finance Petty Cash 9/18-12/04/2014 75.00 747 20 7550 Miscellaneous Expenses 1801 Petty Cash Finance 12/05/14 Replenish Finance Petty Cash 9/18-12/04/2014 9.96 748 Total 20 - City Administration 1,617.42 750 30 7200 Other Supplies 1801 Petty Cash Finance 12/05/14 Replenish Finance Petty Cash 9/18-12/04/2014 9.98 751 Total 30 - Finance 5335 9.98 753 40 5325 Training 1801 Petty Cash Finance 12/05/14 Replenish Finance Petty Cash 9/18-12/04/2014 15.00 754 40 5335 Travel Expenses 1801 Petty Cash Finance 12/05/14 Replenish Finance Petty Cash 9/18-12/04/2014 21.00 755 40 5335 Travel Expenses 1801 Petty Cash Finance 12/05/14 Replenish Finance Petty Cash 9/18-12/04/2014 15.00 756 40 5335 Travel Expenses 1801 Petty Cash Finance 12/05/14 Replenish Finance Petty Cash 9/18-12/04/2014 4.75 757 40 5335 Travel Expenses 1801 Petty Cash Finance 12/05/14 Replenish Finance Petty Cash 9/18-12/04/2014 4.75 758 Total 40 - Community Development 60.50 760 50 5335 Travel Expenses 1801 Petty Cash Finance 12/05/14 Replenish Finance Petty Cash 9/18-12/04/2014 21.00 761 50 5335 Travel Expenses 1801 Petty Cash Finance 12/05/14 Replenish Finance Petty Cash 9/18-12/04/2014 21.00 762 50 7000 Office Supplies 1801 Petty Cash Finance 12/05/14 Replenish Finance Petty Cash 9/18-12/04/2014 14.99 763 Total 50 - Public Works & Engineering 56.99 765 60 6015 Communication 1009 AT&T 847R18054611-14 Communication Service 11/28- 63.04 Services 12/27/2014 Page 29 of 37 Line# Org Account 766 6 6015 Communication Services City of Des Plaines Warrant Register - 01/05/2015 Manual Checks Vendor 1032 Comcast Cable Invoice Invoice Desc 11/18/14 x6724 Internet/Cable Service Dec 2014 Amount 16.73 767 Total 60 - Police Department 79.77 769 65 6015 Communication Services 1032 Comcast Cable 11/22/14 x6716 Internet/Cable Service Dec 2014 14.64 770 Total 65 - Emergency Management Agency 6015 14.64 772 90 6015 Communication Services 1009 AT&T 630261323012-14 Communication Service 12/04/2014-01/03/2015 4,818.03 773 90 6015 Communication Services 1533 Wide Open West 12/02/14 x1245 Internet/Cable Service Dec 2014 1,900.25 774 90 6015 Communication Services 1533 Wide Open West 12/02/14 x1246 Internet/Cable Service for Dec 2014 1,644.15 775 90 6140 Leases 3827 Pitney Bowes Inc 2374611-DC14 Dec 2014 Connect+2000 Postage Machine Lease 348.34 776 90 7200 Other Supplies 1801 Petty Cash Finance 12/05/14 Replenish Finance Petty Cash 9/18-12/04/2014 410.00 777 Total 90 - Overhead 9,120.77 779 N/A 2471 Red Light Payable 4297 Des Plaines Photo Enforcement Program 170560030764466 9 Red Light Cash Payment 12/11/2014 100.00 780 Total N/A 787 100.00 782 Total 100 - General Fund 11,067.57 785 Fund: 420 - IT Replacement Fund 786 00 6140 Leases 1068 PNC Equipment Finance 5038290 Copier Lease 130562000 12/20-01/19/2015 540.00 787 00 6140 Leases 1068 PNC Equipment Finance 5043623 Copier Lease 145924000 12/30-01/29/2015 270.00 788 Total 00 - Non Departmental 6015 810.00 790 Total 420 - IT Replacement Fund 810.00 793 Fund: 500 - Water/Sewer Fund 794 00 6015 Communication Services 1032 Comcast Cable 11/20/14 x6216 Internet/Cable Service 11/27- 12/26/2014 92.85 795 Total 00 - Non Departmental 6015 92.85 797 Total 500 - Water/Sewer Fund 92.85 800 Fund: 590 - DPECC - DP Emergency Comm Center 801 00 6015 Communication Services 1009 AT&T 847Z97367011-14 Communication Service 11/16- 12/15/2014 389.74 802 00 6015 Communication Services 1009 AT&T 773R06175111-14 Communication Service 11/16- 12/15/2014 619.55 803 00 6015 Communication Services 1009 AT&T 847734623012-14 Communication Service 11/07- 12/06/2014 24.44 Page 30 of 37 City of Des Plaines Warrant Register - 01/05/2015 Manual Checks Line# 804 Ors Account 00 Vendor Invoice Invoice Desc Communication Service 12/07/2014-01/06/2015 Amount 296.79 00 6015 Communication Services 1009 AT&T 847734623712-14 805 00 6015 Communication Services 1032 Comcast Cable 11/15/14 x6740 Internet/Cable Service 11/30- 12/29/2014 227.85 806 00 6140 Leases 1068 PNC Equipment Finance 5038291 Copier Lease 130670000 12/20-01/19/2015 96.00 807 Total 00 - Non Departmental 1,654.37 809 Total 590 - DPECC - DP Emergency Comm Center 1,654.37 812 Fund: 600 - Risk Management Fund 813 00 5570 Self Insured P&L Expense 4344 Estrada, Jose & Gabriela ReplPymt 12/5/14 Property Damage 07/20/2013 605.00 814 Total 00- Non Departmental 605.00 816 Total 600 - Risk Management Fund 605.00 818 GRAND TOTAL 14,229.79 Page 31 of 37 City of Des Plaines Warrant Register - 01/05/2015 Bank of America Credit Card Line # 819 Org Account Vendor Invoice Invoice Desc Amount. Fund: 100 - General Fund 820 10 6000 Professional Services 5171 The Great Frame Up PC - 3381 Frame and Nameplate for Don Smith Council Photo 77.32 821 10 7000 Office Supplies 4444 Misc Vendor for Procurement Card PC - 3379 Sales Tax Credit from Purchase 10-1-14 (0.62) 822 10 8000 Computer Software 4444 Misc Vendor for Procurement Card PC - 3376 Sales Tax Credit for Purchase 9- 30-14 (6.25) 823 Total 10 - Elected Office 6535 70.45 825 City Administration 826. 20 5320 Conferences 4418 EBS - Eventbrite PC - 3370 ILCMA Metro Mgrs Prof Development for City Mgr 11/20/2014 25.00 827 20 6000 Professional Services 5096 iStock PC - 3407 Purchase of Credits to Buy Photos/Graphics for Media Projects 325.00 828 20 6535 Subsidy - Youth Commission 1149 Wal*Mart Stores, Inc PC - 3397 Youth Commission's 11-08 Seminar and Photo Printer 123.02 829 20 6535 Subsidy - Youth Commission 4347 Oriental Trading Co PC - 3374 Youth Commission Ornament Supplies on 12-05-14 & Treats for YAB 111.99 830 20 7000 Office Supplies 5055 Office Max PC - 3336 3 Office Planners & 1 Desk Calendar 62.96 831 20 7005 Printer Supplies 4348 Amazon.Com PC - 3356 Lexmark Color Ink Cartridge 4.98 832 20 7005 Printer Supplies 4348 Amazon.Com PC - 3360 HP 90 Printhead With Cleaner 149.00 833 20 7005 Printer Supplies 4348 Amazon.Com PC - 3378 HP Color U Toner for City Use 39.58 834 20 7005 Printer Supplies 4348 Amazon.Com PC - 3365 No 16 Black Printer Cartridge 17.99 835 20 7200 Other Supplies 2487 Moore Medical LLC PC - 3422 Supplies for Monthly Cholesterol Testing 298.37 836 20 7310 Publications 1456 Chicago Tribune PC - 3335 Chicago Tribune Subscription 11/24/2014 through 02/22/2015 129.87 837 20 7310 Publications 4444 Misc Vendor for Procurement Card PC - 3388 Therapy Journal Subscription until 07-01-15 12.00 838 20 7320 Equipment < $5,000 4348 Amazon.Com PC - 3343 Cat 6A RJ45 Modular Plugs for IT Department 39.99 839 20 7320 Equipment < $5,000 4348 Amazon.Com PC - 3348 Apple iPhone 5 Series Leather Carrying Pouch for City Use 5.00 840 20 7320 Equipment < $5,000 4348 Amazon.Com PC - 3361 8GB USB Thumb Drive for City Use 32.60 841 20 7320 Equipment < $5,000 4348 Amazon.Com PC - 3377 Right Angle Mounting Brackets for Wireless Access Points 252.20 842 20 7320 Equipment < $5,000 4348 Amazon.Com PC - 3383 Mini Display Port TO VGA Adapters for City Manager 29.99 843 20 7320 Equipment < $5,000 4348 Amazon.Com PC - 3400 Dell External USB Ultra Slim DVD for City Use 149.97 Page 32 of 37 City of Des Plaines Warrant Register - 01/05/2015 Bank of America Credit Card Line # 844 Org 20 Account 7320 Equipment < $5,000 Vendor 4348 Amazon.Com Invoice PC - 3408 Invoice Desc Mini Display Port Adapters for City Use Amount 62.02 845 20 7320 Equipment < $5,000 4348 Amazon.Com PC - 3385 Tripp Lite 10 Meter Fiber Patch Cable for IT Department 71.85 846 20 7320 Equipment < $5,000 4348 Amazon.Com PC - 3387 Tripp Lite 10 Meter Fiber Patch Cable for IT Department 23.95 847 20 7320 Equipment < $5,000 4348 Amazon.Com PC - 3349 iPhone 5 Series Extra Long Charging Cables for Public Works 10.06 848 20 7320 Equipment < $5,000 4348 Amazon.Com PC - 3350 8 Pin to 30 Pin iPhone Adapter for City Use 3.38 849 20 7320 Equipment < $5,000 4348 Amazon.Com PC - 3391 Tripp Lite 1 Meter Fiber Patch Cable for IT Department 80.72 850 20 7320 Equipment < $5,000 4348 Amazon.Com PC - 3393 Tripp Lite 3 Meter Fiber Patch Cable for IT Department 70.76 851 20 7320 Equipment < $5,000 4348 Amazon.Com PC - 3398 HDMI Cables and HDMI Adapters for City Use 15.38 852 20 7320 Equipment < $5,000 4348 Amazon.Com PC - 3362 8GB USB Thumb Drive for IT Department 5.24 853 20 7320 Equipment < $5,000 1091 B & H Photo -Video PC - 3402 G -Technology 8TB G -RAID External Hard Drive with Thunderbolt 749.95 854 20 7320 Equipment < $5,000 1091 B & H Photo -Video PC - 3404 Logitech Wireless Presenter Remote for Presentation Laptop 39.95 855 20 7500 Postage & Parcel 1700 United States Postal Service PC - 3339 Postage for Former Employee Letter Sent Certified Mail 11/24/14 14.80 856 20 7550 Miscellaneous Expenses 2318 Jewel Express # 3473 PC - 3372 Youth Commission's YAB Holiday Meeting Food 17.16 857 20 7550 Miscellaneous Expenses 2362 Kmart PC - 3368 Youth Commission's Holiday Meeting Candy 11-17-14 14.96 858 20 7550 Miscellaneous Expenses 2363 Subway PC - 3396 Youth Commission's Youth Seminar Lunch 11-08-14 82.50 859 20 7550 Miscellaneous Expenses 4413 Panera Bread PC - 3392 Youth Commission's Youth Seminar Breakfast 11-08-14 139.90 860 20 7550 Miscellaneous Expenses 4444 Misc Vendor for Procurement Card PC - 3369 Youth Commission's Pizza for Holiday Meeting 11-17-14 29.50 861 20 7550 Miscellaneous Expenses 4624 Little Caesars PC - 3405 Youth Commission's 11-01-14 Family Night 15 Pizzas 75.00 862 Total 20 - City Administration 3,316.59 Page 33 of 37 City of Des Plaines Warrant Register - 01/05/2015 Bank of America Credit Card Linea 864 Org Account Vendor Invoice Invoice Desc Amount Community Development 865 40 5325 Training 4444 Misc Vendor for Procurement Card PC - 3342 Webinar Recruiting Fill Vacancies & Grow Tax 11/21/2014 -CED Dir 49.00 866 40 6000 Professional Services 5170 Nimiok Chicago PC - 3384 2014 ICSC Booth Rental, Furniture & Literature Racks 10/1-10/31 7,893.45 867 40 7550 Miscellaneous Expenses 3772 Rivers Casino PC - 3417 Food for Private Networking Event 10/30/2014 3,304.80 868 40 7550 Miscellaneous Expenses 4413 Panera Bread PC - 3401 Coffee and Pastries for Joint Review Board 11/6/2014 74.78 869 Total 40 - Community Development 7550 11,322.03 871 Public Works & Engineering 872 50 5310 Membership Dues 5172 Association of State Floodplain Managers - ASFPM, The PC - 3411 Membership Renewal 01/01- 12/31/2015 130.00 873 50 7000 Office Supplies 5087 American Society of Civil Engineers PC - 3415 2 - 2015 Bridges Calendar 24.00 874 50 7110 Natural Gas 4315 Chicago GTI/Clean Energy PC - 3375 Natural Gas 11/13/2014 12.73 875 50 7200 Other Supplies 4348 Amazon.Com PC - 3416 I -Phone 6 Holster & Belt Clip 17.05 876 50 7550 Miscellaneous Expenses 1753 American Public Works Association - APWA PC - 3354 3 Tickets-APWA Chapter Holiday Luncheon 12/11/14 120.00 877 50 7550 Miscellaneous Expenses 1753 American Public Works Association • APWA PC - 3353 2 Tickets - APWA Chapter Holiday Luncheon 12/11/14 80.00 878 50 7550 Miscellaneous Expenses 1753 American Public Works Association . APWA PC - 3359 Oakley & Duddles - APWA Holiday Event 11/25/2014 110.00 879 Total 50 - Public Works & Engineering 7300 493.78 881 Police Department 882 60 5310 Membership Dues 1522 IL Association of Chiefs of Police PC - 3371 Illinois Association of Chiefs Membership Jan 2015 -Dec 2015 95.00 883 60 5325 Training 4444 Misc Vendor for Procurement Card PC - 3419 Gasoline for Traveling to Canine Training Oct 31, 2014 20.28 884 60 7000 Office Supplies 1066 Office Depot PC - 3420 Binder 23.46 885 60 7015 Supplies - Police Range 1047 Home Depot Credit Svcs PC - 3333 Staple Gun, Staples, Glue, Spray Paint for Range 177.36 886 60 7200 Other Supplies 5174 Tri-Tech/National Law PC - 3373 DNA Kits, Fingerprint Pad, Barrier Tape 725.75 887 60 7200 Other Supplies 4348 Amazon.Com PC - 3351 Bar Code Labels for Property Inventory Program 220.96 888 60 7200 Other Supplies 4633 Walgreens PC - 3364 Medication for Prisoner in Lockup - Nov 19, 2014 31.87 889 60 7300 Uniforms 2364 Your Supply Depot PC - 3413 1 Set of Commander Insignia for Uniform Shirt 21.60 890 60 7310 Publications 4444 Misc Vendor for Procurement Card PC - 3346 Canine Legal Update Subscription Dec 2014 -Dec 2015 35.00 891 60 7320 Equipment < $5,000 1047 Home Depot Credit Svcs PC - 3352 Portable Electric Heater 107.91 Page 34 of 37 City of Des Plaines Warrant Register - 01/05/2015 Bank of America Credit Card Line # Org Account 65 Vendor Invoice Invoice Desc Amount 892 60 7320 Equipment < $5,000 4364 OpticsPlanet Inc PC - 3341 1 Storage Box for Squad Equipment 17.88 893 60 7320 Equipment < $5,000 4364 OpticsPlanet Inc PC - 3367 1 Storage Box for Squad Equipment 17.68 894 60 7320 Equipment < $5,000 4444 Misc Vendor for Procurement Card PC - 3410 4 Storage Cases to Contain Medical Supplies for Squads 386.91 895 Total 60 - Police Department 908 1,881.66 897 Emergency Management Agency 898 65 6015 Communication Services 1936 Telvent DTN Inc PC - 3390 Aug/Sept/Oct Weather Service For The Emergency Operation Center 492.00 899 65 7550 Miscellaneous Expenses 2491 Miner Donuts Inc PC - 3394 Food For Volunteers on Police Call -out 3pm To 9pm 11/07/2014 47.60 900 65 7550 Miscellaneous Expenses 5173 Adreanis Pizza & Pasta PC - 3421 Food For Volunteers on 2014 Halloween Patrol 2pm To lOpm 125.70 901 Total 65 - Emergency Management Agency 7320 665.30 903 Fire Department 904 70 5325 Training 4360 Paypal PC - 3355 1 FF/PM for Instructor 3 Class 12/01-12/05/2014 300.00 905 70 5325 Training 4444 Misc Vendor for Procurement Card PC - 3334 Tactical Simulations Training Package 99.00 906 70 7200 Other Supplies 4444 Misc Vendor for Procurement Card PC - 3403 3 Lockout Kits 483.90 907 70 7320 Equipment < $5,000 4348 Amazon.Com PC - 3363 Kensington iPad Air Backlight Keyboard Case for Fire Prevention 338.12 908 Total 70 - Fire Department 1,221.02 910 Fire & Police Commission 911 75 5325 Training 1573 IL Fire & Police Commissioners Association PC - 3380 IL Fire & Police Commission Class 11/07/2014 for Secretary 175.00 912 75 5325 Training 1573 IL Fire & Police Commissioners Association PC - 3382 IL Fire & Police Commission Class 11/07/2014 for Board Member 375.00 913 Total 75 - Fire & Police Commission 7525 550.00 915 Total 100 - General Fund 19,520.83 917 Fund: 250 - Grant Projects Fund 918 00 7525 Meals 4444 Misc Vendor for Procurement Card PC - 3340 Meals for Tobacco Operation Sting Nov 20, 2014 97.18 919 00 7525 Meals 4444 Misc Vendor for Procurement Card PC - 3399 Meals for Tobacco Operation Sting Nov 5, 2014 56.85 920 00 7525 Meals 4612 Little Villa Restaurant PC - 3414 Meals for Tobacco Grant Sting Oct 10, 2014 43.60 921 Total 00 - Non Departmental 197.63 923 Total 250 - Grant Projects Fund 197.63 Page 35 of 37 City of Des Plaines Warrant Register - 01/05/2015 Bank of America Credit Card Line # 926 Org Account Fund: 260 - Asset Seizure Fund Vendor Invoice Invoice Desc Amount 927 00 7015 Supplies - Police Range 4364 OpticsPlanet Inc PC - 3418 Parts for AR -15 Rifle Repair 441.40 928 00 7015 Supplies - Police Range 4444 Misc Vendor for Procurement Card PC - 3412 Parts to Repair AR -15 Rifle 459.12 929 00 7200 Other Supplies 5065 Pet Supplies Plus PC - 3409 Bag of Dog Food for Police Canine 57.88 930 00 7320 Equipment < $5,000 5010 Petsmart Inc PC - 3389 Training Equipment for Police Canine 56.79 931 00 7320 Equipment < $5,000 5022 Ray Allen Manufacturing ac PC - 3357 Muzzle for Police Canine 144.99 932 Total 00 - Non Departmental 2,547.98 1,160.18 934 Total 260 - Asset Seizure Fund 1,160.18 937 Fund: 400 - Capital Projects Fund 938 00 5320 Conferences 4444 Misc Vendor for Procurement Card PC - 3406 Round -Trip Airfare for Autodesk Conference 12/01- 12/05/2014 336.18 939 Total 00 - Non Departmental 8000 336.18 941 Total 400 - Capital Projects Fund 336.18 944 Fund: 420 - IT Replacement Fund 945 00 8000 Computer Software 4348 Amazon.Com PC - 3344 Automate 9 FTP Software (76.19%) 1,760.00 946 00 8000 Computer Software 4348 Amazon.Com PC - 3345 Automate 9 FTP Software Maint 10-1-14 To 09-30-15 (23.81%) 550.00 947 00 8005 Computer Hardware 4348 Amazon.Com PC - 3338 Cisco Mini GBIC Transceiver Module for IT Dept (239.70) 948 00 8005 Computer Hardware 4348 Amazon.Com PC - 3347 Cisco 10 Port GB POE Managed Switch for CED 237.98 949 00 8005 Computer Hardware 4348 Amazon.Com PC - 3386 Cisco Mini GBIC Transceiver Module for IT Department 239.70 950 Total 00 - Non Departmental 2,547.98 952 Total 420 - IT Replacement Fund 2,547.98 955 Fund: 700 - Escrow Fund 956 N/A 2400 Escrow 4444 Misc Vendor for Procurement Card PC - 3358 Test Credit (0.01) 957 N/A 2400 Escrow 4444 Misc Vendor for Procurement Card PC - 3366 Test Expense 0.01 958 N/A 2476 Youth Community Contributions 2363 Subway PC - 3395 Youth Commission's Youth Seminar Lunch 11-08-14 400.00 959 N/A 2493 Escrow Projects 4639 Google PC - 3337 2014 Restaurant Week Google Adwords 11/1/2014- 11/30/2014 108.96 960 Total N/A 508.96 962 Total 700 - Escrow Fund 508.96 964 Grand Total 24,271.76 Page 36 of 37 City of Des Plaines Warrant Register - 01/05/2015 Summary Amount Transfer Date Automated Accounts Payable $ 2,256,905.53 1/5/2015 Manual Checks $ 14,229.79 ** 12/19/2014 Payroll $ 1,347,610.89 12/12/2014 Electronic Transfer Activity: Bank of America Credit Card $ 24,271.76 12/18/2014 Chicago Water Bill ACH $ 659,754.40 12/31/2014 Postage Meter Direct Debits $ 11,822.56 12/23/2014 Utility Billing Refunds $ 2,783.78 12/4/2014 First Merit Bank Fees $ - Discovery Benefits Admn Fees $ - IMRF Payments $ 286,215.28 * 12/12/2014 Debt Service $ Employee Medical/Dental Trust $ 656,943.72 * 1/2/2015 Total Cash Disbursements: $ 5,260,537.71 * Multiple transfers processed on and/or before date shown ** See attached report Adopted by the City Council of Des Plaines This Fifth Day of January 2015 Ayes Nays Absent Gloria J. Ludwig, City Clerk Matthew J. Bogusz, Mayor Page 37 of 37 CITY OF c f8 JSI _- DES PLAINES ILLINOIS Committee of the Whole Agenda Item # 2a City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 MEMORANDUM Date: November 26, 2014 To: Michael G. Bartholomew, MCP, LEED AP, City Manager George Sakas, AICP, Director of Community and Economic Development r From: Scott Mangum, AICP, Senior Planner i/f.i Subject: Conditional Use Permit for operation of a Massage Establishment, 683 N. Wolf Road, Case # 14 -081 -CU Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Massage Establishment in the C-3 District. Analysis: Proposed Use Massage Establishment Petitioner Zhe Liu, 8228 N. Octavia, Niles, IL 60714 Owner Michael Rayyan, 9800 Lauren Lane, Niles, IL 60714, and Ray Rayyan, 2215 Sanders Road #350, Northbrook, IL 60062 PIN 09-07-226-025-0000 Plan of Operation Approximately 3 employees would work at the location with proposed hours of operation from 10:OOam to 9:OOpm. Existing Use Multi -tenant retail center Surrounding Land Use North: Commercial East: Single -Family Residential South: Single -Family Residential West: Commercial Existing Zoning C-3, General Commercial Page 1 of 47 Surrounding Zoning Street Classification Comprehensive Plan North: C-3, General Commercial East: R-1, Single Family Residential South: R-1, Single Family Residential West: C-3, General Commercial Wolf and Central Roads are identified as collector roads according to the City's Comprehensive Plan. The Comprehensive Plan recommends a Community Commercial use in this area. The applicant, Zhe Liu of Jia Foot Spa, has requested a Conditional Use Permit to operate a Massage Establishment at 683 N. Wolf Road in the C-3 Zoning District. The 2.2 acre lot has approximately 180 feet of frontage on Central Road and 395 feet of frontage on Wolf Road. The petitioner currently occupies an approximately 2,000 square -foot tenant space within a one-story shopping center. The State of Illinois Massage Licensing Act exempts practitioners of other forms of bodywork who restrict manipulation of soft tissue to the feet, hands, and ears, and who do not have the client disrobe, such as reflexology. The existing business is licensed and authorizes the reflexology, which does not require a conditional use permit. The business has been cited for also offering body massage services, which does require a conditional use permit and is subject to the State Licensing Act. The floor plan indicates that the tenant space would be organized with most of the areas containing a number of foot massage sofas, but also three rooms with tables for body massage. Additional space includes restroom and storage facilities. The proposed plan of operation includes hours of operation between 10:OOam and 9:OOpm and a staff of three massage therapists. The applicant requested a waiver of the traffic study which has been granted due to the limited amount of traffic anticipated. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Massage Establishment is a Conditional Use in the C-3, General Commercial Zoning District, as specified in Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends Community Commercial use for this site. A Massage Establishment is a Conditional Use in the C-3 Zoning District. Page 2 of 47 C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Massage Establishment use would be located within an existing structure. No exterior alterations are proposed to the structure. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Massage Establishment use are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed Massage Establishment use is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network according to the information provided. 11. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize existing curb cuts on Central and Wolf Roads for access. Based on information provided, staff does not find any evidence for potential interference with traffic patterns. Page 3 of 47 I. The proposed Conditiona➢ Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: No significant exterior building alterations are proposed. The proposed plan would not add impervious surface, nor cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: As proposed, the Massage Establishment use appears to conform to all other zoning regulations. The Des Plaines City Code, Title 4, Chapter 13 establishes additional regulations pertaining to Massage Establishments and requires approval of the City Manager including review by the City Sanitarian and the Police Department. Recommendations: At its November 25, 2014 meeting the Zoning Board of Appeals recommended (7-0) that the City Council approve the above-mentioned Conditional Use permit for a Massage Establishment in the C-3 zoning district, subject to conditions of approval as recommended by me. The Community Development Department recommends approval of the Conditional Use Permit modification request for the operation of a Massage Establishment, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to conditions of approval: 1. The only massage therapists authorized to operate at the location would be Zhe Liu, Yan Li, and Ying Wang pending business license approval, including a review by the Chief of Police. Any additional person would require approval of the Chief of Police. 2. Hours of operation shall be limited to 10:00 a.m. to 9:00 p.m. 3. The use shall comply with, and remain in compliance with, Title 4, Chapter 13 (Massage Establishments) of the City of Des Plaines Municipal Code. Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the City Council has the authority to approve, approve subject to conditions, or deny the above-mentioned Conditional Use permit for the establishment of a Medical Cannabis Dispensing Organization in the M-2 zoning district. It is requested that this item be placed on the Committee of the Whole agenda at the January 5, 2014 City Council meeting. SM/sm Attachments: Attachment 1: Petitioner's Conditional Use Application Page 4 of 47 Attachment 2: Location Map Attachment 3: Site and Context Photos Attachment 4: Plan of Operation Attachment 5: Petitioner's Request for Waiver of Traffic Study Attachment 6: Draft Minutes of the November 25, 2014 Zoning Board of Appeals Hearing Attachment 7: Letter from Zoning Board of Appeals to the Mayor Exhibits: Ordinance authorizing a Conditional Use Permit for Massage Establishment at 683 N. Wolf Road. Exhibit A: Plat of Survey for 683 N. Wolf Road prepared by Edward J. Molloy and Associates, Ltd., and dated October 25, 2006. Exhibit B: Floor Plan submitted by the applicant on October 22, 2014. Exhibit C: Unconditional Agreement and Consent Page 5 of 47 CONDITIONAL USE APPLICATION;. DO NOT WRITE IN THIS AREA — FOR OFFICE USE ONLY CASE NUMBER: ILI- Orn — CGU DATE FILED 1 012-2-) ILA Ma 'a �c Plaines, IL. Address of Conditional Use:, Fee Paid/Receipt Number: (L .2 Amount: 41 38 Date: ta122/(H PDP's are being: ❑ Submitted on a CD-ROM OR J E-mailed to the Project Manager Project Manager: T&U L Legal Notice Publication Date: II J i I I H , published in the: Journal Topics Scheduled hearing date: 1 I ( 45 l I at 7:30 P.M. in Room 102, City Hall Action by Zoning Administrator/Zoning Board of Appeals/City Council: A Conditional Use is requested in accordance with the City of Des Plaines Zoning Ordinance Section(s) 7::3- 4,, as amended, to allow the: e'rel 67. _fi7-413.LQ- !-/4 on the property described by the attached legal description. Applicant(s) Name: Zhe Liu Signa 847-915-2448 Telephone: Fax: Mailing Address: 8228 N. Octavia , Niles, TL 60714 Property Owner(s) Name: Ray Ray n Signature [' • Telephone: 847-774-9417 Fax: 2215 Sanders Road, Suite 350, Northbrook, IL 60062 Mailing Address: Attachment 1 Page 6 of 47 DO NOT WRITE IN THIS AREA - FOR OFFICE USE ONLY CASE NUMBER: lq-oic (- CU DATE FILED 10122:119 Address of Conditional tJse: US.5 W e ti , Des Plaines, IL. Fee Paid/Receipt Number: j 21 261 Amount: � � Dale: 10(22IH PDF's are being: 0 Submitted on ,anCD-ROM OR ❑ h -mailed to the Project Manager Project Manager: Ll, tYl at _ Legal Notice Publication Date: ' L 1 It , published in the: Journal Topics Scheduled hearing date: lit at 7:30 P.M. in Room t02, City Hall Action by 7Aming Administrator/Zoning Board of Appeals/City Council: A Conditional Use is requested in accordance with the City of Des Plaines Zoning Ordinance Section(s) 7.3-6.0 as amended, to allow the: operation of a foot and body massage salon/spa on the property described by the attached legal description. Applicant(s) Name: Zhe Liu Signature On the First Page Telephone: 847-915-2448 lax: Mailing Address: 8228 N. Octavia, Niles, IL 60714 Praperrr Owner(s) Name: Michael Rayyan Si> nurrrry Telephone: 847-967 -1663 Fax: 847-967-1665 Mailing Address: 9800 Lauren Lane, Niles, IL 60714 Attachment 1 Page 7 of 47 Contact Person: Cindy and John Liu Telephone: 847-322-9556 Fax: E -Mail: dou9888@gmail.com Mailing Address: 8228 N. Octavia Avenue, Niles, II.60714 Address of Property: 683 Wolf Road Des Plaines, IL. 60016 09 07 226 025-0000 Properly Index Number: - - (Frons tax bill or township assessor's office) Applicant's interest in the property: ❑ sole owner (n lessee ❑ contract purchaser 0 Other (explain): Present Zoning Classification of Property: C-3 Current Use of Property: ECC`j ,Y t,(S c, Proposed Use of Property: Foot and Body massage salon Bulk and Scale Evaluation (Please fill out completely): TRUST INFORMATION Name(s) of Trust Beneficiary (ies)* kt? Address (es) of Trust Beneficiary (ies)* triYde.s s * All applications involving property held by a land trust must be signed by the trust officer of the institution holding the trust as the owner of the property. Additionally, the trust beneficiary and his/her current address must be disclosed on this form. The application must also be accompanied by the following: � 4C> CO0 .c A certified copy of the trust agreement. A letter from the trustee certifying that the beneficiary as shown on this application is correct and disclosing any beneficiary changes or lack thereof during the 12 months preceding the filing of this application. Attachment 1 Page 8 of 47 I hereby certify that all of the above statements and those contained in any papers or plans submitted herewith are true to the best of my knowledge and belief. Furthermore, 1 consent to the entry in or upon the premises described in the application, by any authorized official of the City of Des Plaines, for the purpose of posting; maintaining, and removing public hearing notices as may be required, and, aswe$'as, conducting site analysis. _ . �_, 12/10/2013 (Signature of Applicant or Authorized Agent) (Date) (Signature of Owner) 12/10/2013 (Date) Attachment 1 Page 9 of 47 STANDARDS FOR CONDITIONAL USES The Zoning Board of Appeals and the City Council review the particular facts and circumstances of each proposed Conditional Use in terms of the following standards. Because of this, please answer all questions in detail. "Yes" and "No" answers will not he accepted, and if used, may delay your hearing. A. is the proposed conditional use, in fact, a conditional use established within the specific zoning district involved? (Please explain in detail) The current zoning is C-3 and a massage salon is a conditional use within that zoning district. 13. Is the proposed conditional use is in accordance with the objectives of the City's Comprehensive Plan and this Ordinance? (Please explain in detail) The current zoning district allows for the establishment of personal services and, therefore, is in accordance with the comprehensive plans. C. Is the proposed conditional use designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity? (Please explain in detail) The proposed use is within an established shopping center and will be harmonious and appropriate in appearance. D. Is the proposed conditional use is not hazardous or disturbing to existing neighboring uses? (Please explain in detail) A massage parlor will not create noise or any hazordous material to disturb the existing neighboring uses. E. Is the proposed conditional use to be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, waste and sewer, and schools; or the persons or agencies responsible for the establishment of the proposed conditional use shall provide adequately any such services? (Please explain in detail) The intended use is within an established shopping center and is located on a main street which is already serviced by the above public facilities. Attachment 1 Page 10 of 47 F. Does the proposed conditional use does create excessive additional requirements at public expense for public facilities and services and not be detrimental to the economic welfare of the community? (Please explain in detail) No public expense will be utilized for the proposed use and it will not be distrimental to the economic welfare of the commuinty. G. Does the proposed conditional use involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors? (Please explain in detail) No, a massage parlor does not create noise, smoke, fumes, glare or odors and, therefore, will not be detrimental to the general welfare. H. Does the proposed conditional use provide vehicular access to the property designed that does not create an interference with traffic on surrounding public thoroughfares? (Please explain in detail) The proposed conditional use us in an established shopping center and will not affect traffic. I. Does the proposed conditional use result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance? (Please explain in detail) Will be located in an existing shopping center. J. Does the proposed conditional use comply with all additional regulations in this Ordinance specific to the conditional use requested? (Please explain in detail) Yes, as to the hours of operation, lack or traffic impact and will not adversly affect the general welfare. Attachment 1 Page 11 of 47 A achrent 2, LocaUon Mao - 683 N. Wor Road Prepared by Community and Economic Development Department: SM, November 20, 2014 Page 12 of 47 ttac men Attachment 3 , ElaiklaWil i -MTI -1 Page 13 of 47 513.11WAYI 11 MTV I : PLA\ OF OPERA Description: Chinese traditional foot massage and tab e massage Hours of Operation: Open 10am--9pm everyday Number o� Employees: 3 or 3 plus(if need) Service: only massage , no any other sale 1 Attachment 4 Page 14 of 47 J'a Foot Go ca 683 N wolf rd, des plainese, it 60016 Massage room p08 n 1. Install handsink each massage room. 2.install closed cabinets and used for the storage of clean linen, towels and other material 3.Lavatories or washbasins provided with both hot and cold running water. 4.2 bathrooms, have soap and a dispenser and sanitary towels 5. wooden floor 6.massage table 7.small desk for writing 8.any other for massage need 1 Attachment 4 Page 15 of 47 4 4 4 Y N N 0 0 coz Eli m C ; i vrDn: mC gsw- 0?m r> n g3Q m► m a 1 o 9. o m m `i w 0 -1 z mem a X CO &RI 0 ,� v 1 E , j -E ICO 2 I 0?. se 21. X ei CD v CCt c i►% 0 • 1,4 0 m v m f 441 Attachment 4 Page 16 of 47 4 4 4 s" 4 AinAlta - , 1"; t *tate of 311tunis Department of Financial and Professional Regulation Division of Professional Regulation The person, firm cs corporation *hose name appears on this cenicate has estopeed %,...th the provissons ct the Illinois Statutes and/of rules aro regukilizns end is hereby authorized to engage n the erIstrity as eek*ed below LICENSE NO. 227.015819 • Attachment 4 LICENSED MASSAGE THERAPIST ZHE LIU 8228 N OCTAVIA AVE NILES, IL 60714 1.4ANGEL FLORES ACTING SECFtETARY EXPIRES: 1213112014 AY STEWART DIRECTOR rr. The official status of this license can be verified at wv.wkir.com 7894541 4 entrM - • t For further reference, the Department is now providing a personal customer identification "Contact Number" which you may use in lieu of your social security number or FEIN number when contacting the Department Your number is: 3772826 ------ ; , Stem et Morn ucevsE NO. Departmental Reencial end '-4 t.. 227.015819 Divatien of Professional Nefleldion LICENSED MASSAGE THERAPIST ZHE UU ExPiaes 12/3172014 "1,..._Otr....-PAtiueLSELonEs stisclsw;zr_letY srEirmAT cinema The official status of this license can be verified at steividlpr.corn .11M41%-1 -617.t73 r Line Cut on Dotted Line -74 20130703-110048 Page 17 of 47 Department of Financial and Professional Regulation Division of Professional Regulation The personram o c xporsficn whose mane appears on N6 cenfrde has compl,ea AIM the pr:nsons N the lances Statutes and -or rules an: reg.:I:aeons arc 6 .1 rein a..atarme' to engage m the astray as incr.-Wed beta.: LICENSE NO. 227.016996 LICENSED MASSAGE THERAPIST PING WANG 9232 ASPEN LN DES PLAINES, IL 60016 At_ f t 771•• ACTING SECRETARY EXPIRES: 12/31/2014 J.+Y STEWART DIRECTOR The official status of this license can be verified at www.idfpr.corn 'L.. 8869786 .E.. • real► "e. e."-77 For further reference, the Department is now providing a personal customer identification "Contact Number" which you may use in lieu of your social security number or FEIN number when contacting the Department. Your number is: 3834401 LICENSE NO 0..y.: b,.ant of Fla:woal and Professional Regulation 227.016996 pi iOn of Pr01e SiOnReg dation LICENSED MASSAGE THERAPIST PING WANG EXPIRES 12/31/2014 x MANDEL FLORES may. Cq JAY STEMMED- -111., TE MED- Jl�tW ACTING SECRETARY t \ �" OIRECTOR The official state of this t-cnse can be v'rif:ed at www_idfpr.corn 8869786 Cut on Dotted L•re - Attachment 4 Cx Dmted Line 20140426-1103865 Page 118 of 47 KOLPAK AND LERNER A PARTNERSHIP INCLUDING A PRO(ESSIONAI CORPORATION ATTORNEYS AT LAW SUITE 202 6767 NORTH MILWAUKEE AVENUE NILES, ILLINOIS 607(4 PAUL A. KOLPAK infoOkolpaklernerlaw. com September 22, 2014 City of Des Plaines Attention: Mr. Scott Mangum 1420 Miner Street Des Plaines, IL 60016 Sent Via E -Mail smangurn@desplaines.org RE: Conditional Use to Opening Massage Parlor at the property of 683 N Wolf Rd, Des Plaines TELEPHONE (847) 647-0336 FACSIMILE (847) 647-8107 Dear Mr. Mangum, As you are aware, I represent the applicant in this matter. Since this shopping center has been in existence for a number of years and since the number of employees will be approximately 3 and possibly 5, we are requesting a waiver of the traffic study. Kindly advise. Regards, Paul A. Kolpak PAK/ab Attachment 5 Page 19 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 1 DES PLAINES ZONING BOARD MEETING NOVEMBER 25, 2014 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Monday, November 25, 2014, at 7:30 p.m. in Room 101 of the Des Plaines Civic Center. ZONING BOARD PRESENT: Seegers, Szabo, Catalano, Saletnik, Hofherr, Schell, Porada ALSO PRESENT: Scott Mangum, Senior Planner, Department of Community & Economic Development Gale Cerabona, Recording Secretary Chairman Seegers called the meeting to order at 7:34 p.m. & read this evening's cases. APPROVAL OF MINUTES: A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to approve the meeting minutes of October 14, 2014, as presented. AYES: Saletnik, Hofherr, Schell, Porada, Seegers NAYES: None ABSTAIN: Catalano, Szabo ***MOTION CARRIED 5-2*** A motion was made by Board Member Catalano, seconded by Board Member Schell, to approve the meeting minutes of November 12, 2014, as presented. AYES: Catalano, Schell, Porada, Seegers NAYES: None ABSTAIN: Szabo, Saletnik, Hofherr ***MOTION CARRIED 4-3*** Attachment 6 Page 20 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 2 NEW BUSINESS 1. Address: 710 S. Second Avenue Case Number: 14-050-V Petitioner is requesting a Variation to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to legalize the construction of an accessory structure (barbeque grill enclosure) with a setback of approximately zero feet from the west property line where the minimum - required setback for an accessory structure is 5 -feet in the R-1 Zoning District. PIN: 09-17-320-025-0000 Petitioner: Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Owner: Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Chairman Seegers noted that Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 was duly sworn in at the last Zoning Board of Appeals Meeting on November 12, 2014. Mr. Bertolini advised he added the grill enclosure & went through the process. Chairman Seegers asked: • if it is masonry. Mr. Bertolini advised — yes • if the grill is on the west side of the house. Mr. Bertolini advised — yes • if the grill is in the rear portion in the side yard. Mr. Bertolini advised — yes • if neighbors have any objections. Mr. Bertolini advised — no, and stated there are two acknowledgement letters received from neighbors Board Member Hofherr asked: • if there was a hearing regarding the code enforcement violation. Mr. Bertolini advised — he wasn't aware there was a hearing • if there is a 0 setback. Mr. Bertolini advised — it's actually 6 inches Board Member Porada asked: • how high the barbeque grill is off of the ground. Mr. Bertolini advised — approximately 4 ft. Mr. Ken Bertolini, 1310 W. Haven Drive, Arlington Heights, Illinois, came forward and was sworn in by Chairman Seegers. Board Member Porada continued, asking: • if a permit was obtained in 2012. Mr. K. Bertolini advised — yes; the driveway and patio work was completed shortly after moving in • when the barbeque pit was added. Mr. K. Bertolini advised — at the same time of move -in • if the barbeque pit was built when you moved in? Mr. A. Bertolini advised — yes • if the barbeque pit was included on the sketch/drawings? Mr. K. Bertolini advised — no, it was after - the -fact Attachment 6 Page 21 off 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 3 Chairman Seegers asked if the Board has any questions. There were none. Chairman Seegers asked Staff to provide the summary report. Issue: The petitioner is requesting a Variation to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to legalize the construction of an accessory structure (barbeque grill enclosure) with a setback of approximately zero feet from the west property line where the minimum required setback for an accessory structure is 5 -feet in the R-1 Zoning District. Analysis: Address: 710 S. Second Avenue PIN: 09-17-320-025-0000 Existing Zoning: R-1, Single -Family Residential Petitioner: Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Owner(s): Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 51 -foot by 141 -foot (approximately 7,220 square foot) lot at 710 S. Second Avenue is a legal nonconforming lot as the minimum lot width is 65 -feet and minimum lot area is 8,125 square feet for a corner lot in the R-1 Zoning District. A one and a half -story brick single-family residence with a driveway and attached one -car garage currently exists on site. Without a permit the applicant installed a 3 -foot by 6 and a half -foot brick enclosure for a barbeque grill and was cited by code enforcement personnel in September of 2013. A permit was obtained in 2012 for a driveway replacement and rear patio addition. The barbeque grill enclosure is located along the west property line. The applicant wishes to keep the grill enclosure in its present location to maximize the use of the yard and property. This request, a setback variation of greater than 30%, is a standard variation and shall be considered by the Zoning Board of Appeals. Recommendation: Staff recommends approval of the above -requested variation for the location of an accessory structure based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. While there appear to be other locations where the enclosure could be located to the south or east of the patio that would not encroach upon required setbacks, the lot is legal nonconforming with regards to width and size, and the enclosure is smaller in bulk and scale than the typical accessory structure. Zoning Board of Appeals Procedure: Under Section 3.6-6 of the Zoning Ordinance (Standard Variations) the Zoning Board of Appeals has the authority to approve, approve subject to conditions, or deny the above-mentioned setback variance in the R- 1 zoning district. Attachment 6 Page 22 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 4 Chairman Seegers asked if the Board has any questions. Board Member Catalano asked if the grill is gas or charcoal. Mr. Bertolini advised — it's a propane tank; not an open pit; just a surround. Board Member Saletnik asked/stated: • it appears to be 3 ft. high • seems like a fence/enclosure to hide the grill; is aesthetically -pleasing Chairman Seegers asked if anyone in the audience objects or is in favor. No one responded. Board Member Szabo stated if it was a Weber grill, it would be no problem; being a propane grill, he affirmed he is in favor of this. A motion was made by Board Member Szabo, seconded by Board Member Catalano, to grant the variation. Board Member Porada thanked/stated: • Petitioner for returning • he typically doesn't approve after -the -fact variations • as Petitioner obtained a permit (for the earlier work), he believes he is aware there is a process • without a concrete slab this can be easily removed if needed AYES: Szabo, Catalano Saletnik, Hofherr, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 2. Address: 683 Wolf Road Case Number: 14 -081 -CU Petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Massage Establishment in the C-3 Di strict. PIN: 09-07-226-025-0000 Petitioner: Zhe Liu, 8228 N. Octavia, Niles, IL 60714 Owner: Michael Rayyan, 9800 Lauren Lane, Niles, IL 60714, and Ray Rayyan, 2215 Sanders Road #350, Northbrook, IL 60062 Chairman Seegers swore in Petitioners Zhe Liu, 8228 N. Octavia, Niles, IL 60714 & Nicholas J. Ftikas, Attorney at Law, Law Office of Samuel V.P. Banks, 221 N. LaSalle Street, 38th floor, Chicago, IL 60601 who is assisting attorney Paul Kolpak. Attachment 6 Page 23 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 5 Mr. Ftikas advised the Applicant is currently operating with a reflexology license. Her establishment currently has 3 employees and is open from 10 a.m.-9 p.m. He stated the license does not allow for other body areas to be touched as well as no disrobing. The Applicant is applying for a Conditional Use Permit to expand to body massage services. Chairman Seegers asked what the hours are. Mr. Ftikas advised — 10 a.m.-9 p.m. except Saturdays Chairman Seegers asked if the Board has any questions. Board Member Porada asked: • if Petitioner is operating with a reflexology license. Mr. Ftikas advised — yes, a business license with reflexology • if Petitioner was cited when she was asked to provide body massages. Mr. Ftikas advised — yes • if this is Petitioner's first establishment. Ms. Liu advised — she has been in business for 14 years and has many locations (Bloomingdale, West Dundee, Niles, Glenview, etc.); this is the newest business. • if the (owners') names listed are the therapists. Ms. Liu advised — yes • if Ms. Liu is a massage therapist. Ms. Liu advised — sometimes • if Ms. Liu has had 4 businesses for years. Ms. Liu advised — yes, for 12-14 years • if Ms. Liu has been cited in any other locations. Ms. Liu advised -- never Chairman Seegers asked Staff to summarize the report. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Massage Establishment in the C-3 District. Analysis: Proposed Use Petitioner Ow ner Massage Establishment Zhe Liu, 8228 N. Octavia, Niles, IL 60714 Michael Rayyan, 9800 Lauren Lane, Niles, IL 60714, and Ray Rayyan, 2215 Sanders Road #350, Northbrook, IL 60062 PIIN 09-07-226-025-0000 Plan of Operation Approximately 3 employees would work at the location with proposed hours of operation from 10:OOam to 9:OOpm. Existing Use Multi -tenant retail center Surrounding Land Use North: Commercial East: Single -Family Residential South: Single -Family Residential Attachment 6 Page 24 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 6 Existing Zoning Surrounding Zoning Street Classification Comprehensive Plan West: Commercial C-3, General Commercial North: C-3, General Commercial East: R-1, Single Family Residential South: R-1, Single Family Residential West: C-3, General Commercial Wolf and Central Roads are identified as collector roads according to the City's Comprehensive Plan. The Comprehensive Plan recommends a Community Commercial use in this area. The applicant, Zhe Liu of Jia Foot Spa, has requested a Conditional Use Permit to operate a Massage Establishment at 683 N. Wolf Road in the C-3 Zoning District. The 2.2 acre lot has approximately 180 feet of frontage on Central Road and 395 feet of frontage on Wolf Road. The petitioner currently occupies an approximately 2,000 square -foot tenant space within a one-story shopping center. The existing business is licensed authorizes the reflexology, which does not require a conditional use permit. The State of Illinois Massage Licensing Act exempts practitioners of other forms of bodywork who restrict manipulation of soft tissue to the feet, hands, and ears, and who do not have the client disrobe, such as reflexology. The business has been cited for also offering body massage services, which does require a conditional use permit and is subject to the State Licensing Act. The floor plan indicates that the tenant space would be organized with most of the areas containing a number of foot massage sofas, but also three rooms with tables for body massage. Additional space includes restroom and storage facilities. The proposed plan of operation includes hours of operation between 10:OOam and 9:OOpm and a staff of three massage therapists. The applicant requested a waiver of the traffic study which has been granted due to the limited amount of traffic anticipated. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Massage Establishment is a Conditional Use in the C-3, General Commercial Zoning District, as specified in Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends Community Commercial use for this site. A Massage Establishment is a Conditional Use in the C-3 Zoning District. Attachment 6 Page 25 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 7 C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Massage Establishment use would be located within an existing structure. No exterior alterations are proposed to the structure. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Massage Establishment use are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed Massage Establishment use is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network according to the information provided. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment:: The proposed project would utilize an existing curb cuts on Central and Wolf Roads for access. Based on information provided, staff does not find any evidence for potential interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Attachment 6 Page 26 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 8 Comment: No significant exterior building alterations are proposed. The proposed plan would not add impervious surface, nor cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: As proposed, the Massage Establishment use appears to conform to all other zoning regulations. The Des Plaines City Code, Title 4, Chapter 13 establishes additional regulations pertaining to Massage Establishments and requires approval of the City Manager including review by the City Sanitarian and the Police Department. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit modification request for the operation of a Massage Establishment, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to conditions of approval: 1. The only individuals authorized to operate at the location would be Zhe Liu, Yan Li, and Ying Wang pending business license approval, including a review by the Chief of Police. Any additional person would require approval of the Chief of Police. 2. Hours of operation shall be limited to 10:00 a.m. to 9:00 p.m. 3. The use shall comply with, and remain in compliance with, Title 4, Chapter 13 (Massage Establishments) of the City of Des Plaines Municipal Code. Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for the operation of a Massage Establishment use in the C-3 zoning district. The City Council has the final authority on the project. Chairman Seegers asked if the Board has any questions. Board Member Catalano asked, regarding Condition 1, what is intended? Mr. Mangum advised — this is intended for the persons that would be administering body massage. Board Member Hofherr asked: • if Ms Liu spends her time at this or other locations. Ms. Liu advised — all locations • if there will be only 2 employees there. Ms. Liu advised — yes, when I am not there Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. Attachment 6 Page 27 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 9 A motion was made by Board Member Saletnik, seconded and amended by Board Member Catalano that Condition 1 be altered from "individuals" to read "massage therapists", to recommend approval to City Council and grant the Conditional Use Permit. AYES: Saletnik, Catalano, Szabo, Hofherr, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 3. Address: 130 E. Thacker Street Case Number: 14-082-V Petitioner is requesting a major variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the expansion of an existing third accessory structure (garage) to create an approximately 1,064 square foot garage, instead of not greater than 720 square feet; and major variations to Section 11.633 to allow a 6 -foot tall monument sign with an approximately 4 -foot setback and including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum height allowed is 5 -feet, minimum required setback allowed is 4 -feet, and maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. PIN: 09-18-300-040-0000 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chairman Seegers swore in Petitioner Fire Chief Alan Wax, 405 S. Des Plaines River Road, Des Plaines, IL 60016. Fire Chief Wax advised there is currently a utility garage on-site that is full. Other vehicles (fuel -truck trailer, pick-up truck) are stored outside. He stated they wish to place these vehicles indoors. He advised a grant was received to expand the garage. Chairman Seegers asked: • if this extends to the west. Chief advised — yes • if it is masonry. Chief advised — it is similar to the current frame construction • if the structure to the north is a school. Chief advised — yes • if the setback is 5 ft. Chief advised — 8 ft. Mr. Mangum advised this would expand a third accessory structure. Attachment 6 Page 28 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 10 Chief advised for all 3 fire stations, per the budget, the current (dated) message boards will be upgraded to electronic boards; will be modernized; offer flexibility. Board Member Szabo asked if all signs are the same for all 3 fire stations. Chief advised — yes, generally. Chairman Seegers asked if electronic boards would include identification and address. Chief advised — yes. Board Member Hofherr asked if the garage will be sufficient. Chief advised — the current garage would still be used. Board Member Szabo asked if the garage is being made wider. Chief advised — we are extending to the west and making the overhead door taller. He noted a couple of parking spaces will be lost. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend approval of variations to City Council for the garage addition at 130 E. Thacker Street. Chairman Seegers asked Staff to provide the summary report. Issue: The petitioner is requesting major variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the expansion of an existing third accessory structure (garage) to create an approximately 1,064 square foot garage, instead of not greater than 720 square feet; and major variations to Section 11.6.B to allow a 6 -foot tall monument sign with an approximately 4 -foot setback and including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum height allowed is 5 -feet, minimum required setback allowed is 5 -feet, and maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. Analysis: Address: 130 E. Thacker Street PIN: 09-18-300-040-0000 Existing Zoning: R-1, Single Family Residential Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 1.1 -acre lot has 304 -feet of frontage on the north side of Thacker Street, as well as 159 - feet of frontage on Westgate Road and approximately 202 -feet of frontage on Robert Coombs Court. A one- story brick Fire Station, detached frame garage, five -story brick training tower, one-story brick museum, and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to expand the existing garage and to replace the manual reader board component of the sign with an Electronic Message Board component. Attachment 6 Page 29 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 11 The existing 672 square foot (30 -feet, one -inch by 22 -feet, four -inch) garage is located behind the Fire Station, approximately 8 -feet from the north property line. The petitioner wishes to expand the accessory structure to approximately 1,064 square feet by extending the building 28 feet to the west to accommodate storage needs for larger equipment. Major variations are requested to expand this third accessory structure, where a maximum of two are allowed, to a size greater than 720 square feet. The existing monument sign is located toward the center of the Thacker Street frontage, approximately 4 - feet from the south property line along Thacker Street. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. Additional major variations requested would allow the approximately 6 -foot tall EMB monument sign to be located approximately 135 -feet from the nearest residence, a single-family residence at 142 E. Thacker Street, where a minimum distance of 250 -feet is required from a residence in the R-1, R-2, and R-3 zoning districts. The EMB sign would also be located approximately 185 -feet from the nearest single family residence to the east at 798 S. Westgate Road. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Recommendation: Staff recommends approval of the requested accessory structure and sign variations based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variations would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 5. The Electronic Message Board portion of the sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. Conditions of approval, including hours of operation are intended to limit the impact of the EMB sign on surrounding properties. Additionally, while the property is located within the R-1, Single Family Residential Attachment 6 Page 30 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 12 District, a Fire Station operates differently than a typical residence and has a greater need for accessory structures. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the accessory structure and sign variances. The City Council has the final authority on the project. Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. AYES: Hofherr, Catalano, Szabo, Saletnik, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to recommend approval to City Council for sign variations as proposed with conditions as mentioned by Staff. Board Member Szabo asked if there has been input from any of the neighbors. Chief advised — there was a call from McDonald's staff (River Road location). Mr. Mangum advised — he hasn't heard any additional feedback. Board Member Porada asked/stated: • if text may include information about checking batteries, etc. Chief advised — yes, safety issues and notification of events. He advised other departments, etc. may utilize electronic boards also. • if these will be like the municipal board at River and Miner. Chief advised — not to that extent. • if other organizations who may supply messaging would be screened by Chief Wax. Chief Wax advised — yes • if Petitioner is aware of the conditions. Chief Wax advised — yes • if the cabinet would remain the same. Chief Wax advised — yes • it's helpful for the Fire Department to set the appropriate example. Chief Wax responded — we will take the conditions seriously AYES: Saletnik, Hofherr, Szabo, Catalano, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 4. Address: 405 S. Des Plaines River Road Case Number: 14-083-V Petitioner is requesting a major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% where the maximum percentage of an electronic message board component allowed is 30 -percent in the C-3 Zoning District. Attachment 6 Page 31 of 417 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 13 PIN: 09-16-300-106-0000 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chief Wax advised that the goals, intentions, and conditions are the same as the previous petition. Chairman Seegers noted the particulars; Mr. Mangum clarified same. Chairman Seegers asked Staff to summarize the report. Issue: The petitioner is requesting a major variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% where the maximum percentage of an electronic message board component allowed is 30 -percent in the C-3 Zoning District. Analysis: Address: 405 S. Des Plaines River Road PIN: 09-16-300-106-0000 Existing Zoning: C-3, General Commercial Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 38,290 square foot lot has approximately 155 -feet of frontage on the east side of Des Plaines River Road. A one-story brick Fire Station and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to replace the manual reader board component of the sign with an Electronic Message Board component. The existing monument sign is located toward the middle of the site along Des Plaines River Road. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Attachment 6 ]Page 32 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 14 Recommendation: Staff recommends approval of the requested sign variation based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variation would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the sign variance. The City Council has the final authority on the project. Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend approval to City Council with conditions as noted by Staff. AYES: Hofherr, Catalano, Szabo, Saletnik, Schell, Porada, Seegers NAYES: None ***MOTION CARRIEI9 UNANIMOUSLY*** 5. Address: 1313 E. Oakton Street Case Number: 14-084-V Petitioner is requesting a major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. PIN: 09-29-202-015-0000 Attachment 6 Page 33 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 15 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chief Wax advised this fire station is the closest distance to the neighbors. He stated the goals, intentions, etc. are the same as the above petitions. Chairman Seegers asked Staff to summarize the report. Issue: The petitioner is requesting major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. Analysis: Address: 1313 E. Oakton Street PIN: 09-29-202-015-0000 Existing Zoning: R-1, Single Family Residential Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 11,601 square foot lot has approximately 93 -feet of frontage on the south side of Oakton Street and approximately 125 -feet of frontage on Ash Street. A one-story brick Fire Station and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to replace the manual reader board component of the sign with an Electronic Message Board component. The existing monument sign is located toward the northwest corner of the site. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. Attachment 6 Page 34 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 16 An additional major variation requested would allow the EMB monument sign to be located approximately 85 -feet from the nearest residence, a single-family residence at 1319 E. Oakton Street, where a minimum distance of 250 -feet is required from a residence in the R-1, R-2, and R-3 zoning districts. The EMB sign would also be located approximately 90 -feet from the nearest single family residence to the west at 1616 Ash Street. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Recommendation: Staff recommends approval of the requested sign variations based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variations would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 5. The Electronic Message Board portion of the sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. Conditions of approval, including hours of operation are intended to limit the impact on surrounding properties. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the sign variances. The City Council has the final authority on the project. A motion was made by Board Member Szabo, seconded by Board Member Ilofherr, to recommend approval to City Council as presented with conditions as noted by Staff. AYES: Szabo, Hofherr, Catalano, Saletnik, Schell, Porada, Seegers, NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Attachment 6 Page 35 of 47 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 17 ADJOURNMENT A motion was made by Board Member Schell, seconded by Board Member Porada, to adjourn the meeting at 8:30 p.m. On a voice vote, the motion carried unanimously. Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners Attachment 6 Page 36 of 47 f 19 ft DES PLAINES ILLINOIS City of Des Raines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 November 25, 2014 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Zoning Board of Appeals, 683 N. Wolf Road, Case # 14 -081 -CU RE: Request to authorize the operation of a Massage Establishment Honorable Mayor and Members of the Des Plaines City Council: The Zoning Board of Appeals met on November 25, 2014 to consider the above petition. The Zoning Board of Appeals submits the following: 1. Mr. Nicholas Ftikas, attorney, and Ms. Zhe Liu, petitioner presented the pertinent facts. 2. The Community and Economic Development Department recommended approval of the Conditional Use Permit, subject to conditions of approval. 3. No members of the public spoke regarding the proposal. 4. The Zoning Board of Appeals recommended (7-0) that the City Council approve the Conditional Use Permit for operation of a Massage Establishment, subject to conditions of approval. Respectfully submitted, Arnie Seegers Des Plaines Zoning Board of Appeals, Chairman cc: City Officials Aldermen Zoning Board of Appeals Commissioners Petitioners Recording Secretary File Attachment 7 Page 37 of 47 CITY OF DIES PLAINES ORDINANCE Z - 1< - 15 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A MASSAGE ESTA 1LISHMENT IN THE C-3 ZONING DISTI' ICT AT 683 N. WOLF ROAD, DES PLAINES, VI.L1NO➢S. (Case #I4 -081 - CU). WHEREAS, Zhe Liu, on behalf of ZHW International, Inc., d/b/a Jia Foot Spa ("Petitioner"), submitted an application to the City of Des Plaines Department of Community and Economic Development ("Department") for a conditional use permit to allow for the operation of a massage establishment ("Conditional Use Permit") on that certain property commonly known as 683 N. Wolf Road, Des Plaines, Illinois ("Subject Property"), in accordance with Section 7.3-6.0 of the City of Des Plaines Zoning Ordinance of 1998, as amended ("Zoning Ordinance"); and WHEREAS, the Subject Property is owned by Chicago Title Land Trust Company as trustee under trust number 105493-01, which has consented to Petitioner's application; and WHEREAS, the Subject Property is located in the C-3 General Commercial District ("C-3 District"); and WHEREAS, the operation of a massage establishment is permitted in the C-3 District only with a conditional use permit; and WHEREAS, the Petitioner's application was referred by the Department to the Zoning Board of Appeals of the City of Des Plaines ("Board") within fifteen (15) days after the receipt thereof; and WHEREAS, within 90 days after the date of the Petitioner's application, a public hearing was held by the Board on November 25, 2014 pursuant to notice published in the Journal on November 7, 2014; and WHEREAS, notice of the public hearing was mailed to all property owners within 300 feet of the Subject Property; and WHEREAS, during the public hearing, the Board heard competent testimony and received evidence with respect to how the Petitioner intended to satisfy and comply with the applicable provisions of the Zoning Ordinance. The Board filed a written report with the City Council on November 25, 2014, summarizing the testimony and evidence received by the Board and stating the Board's recommendation, by a vote of 7-0, to approve the Petitioner's application; and WHEREAS, the Petitioner made certain representations to the Board with respect to the proposed conditional use, which representations are hereby found by the City Council to be 1 Page 38 of 47 material and upon which the City Council relies in granting this request for the Conditional Use Permit subject to certain terms and conditions; and WHEREAS, the City Council has considered the written report of the Zoning Board of Appeals, together with the applicable standards for conditional use permits set forth in the Zoning Ordinance, and the Community and Economic Development Staff Memorandum dated November 26, 2014, including the attachments and exhibits thereto, and has determined that it is in the best interest of the City and the public to grant the Petitioner's application in accordance with the provisions of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting the factual basis for this Ordinance. SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as follows: PARCEL 1: LOT 137 IN CUMBERLAND ESTATES, BEING A SUBDIVISION IN THE NORTHEAST '/ OF SECTION 7 AND THE WEST %2 OF SECTION 8, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: OUTLOT "F" IN CUMBERLAND ESTATES, BEING A SUBDIVISION IN THE NORTHEAST % OF SECTION 7 AND THE WEST 'h OF SECTION 8, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 09-07-226-025-0000 Commonly known as 615-699 N. Wolf Road, Des Plaines, IL 60016 SECTION 3. CONDITIONAL USE PERMIT. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 4 of this Ordinance, the City Council hereby grants the Petitioner the Conditional Use Permit to allow for the operation of a massage establishment on the Subject Property. The Conditional Use Permit granted by this 2 Page 39 of 47 Ordinance is consistent with and equivalent to a "special use" as referenced in Section 11-13-25 of the Illinois Municipal Code, 65 ILCS 5/11-13-25. SECTION 4. CONDITIONS. The Conditional Use Permit granted in Section 3 of this Ordinance shall be, and is hereby, expressly subject to and contingent upon the following conditions, restrictions, limitations, and provisions: A. Compliance with Plans and Codes. The development, use, and maintenance of the Subject Property shall be in strict compliance with the following documents and plans, except for minor changes and site work approved by the Director of the Department of Community and Economic Development in accordance with all applicable City codes, ordinances, and standards, including, without limitation, Sections 3.4-8, "Limitations on Conditional Uses," and 3.4-9, "Effect of Approval," of the Zoning Ordinance: 1. That certain "Plat of Survey" prepared by Edward J. Malloy & Associates, Ltd., consisting of one sheet, and dated October 25, 2006, attached to, and by this reference made a part of, this Ordinance as Exhibit A; and 2. That certain floor plan titled "Jia Foot Spa/ 683 N Wolf Rd Des Plaines," prepared by Petitioner, consisting of one sheet, and received by the City Building Department on October 22, 2014, attached to, and by this reference made a part of, this Ordinance as Exhibit B. B. Additional Conditions. The development, use, and maintenance of the Subject Property shall be subject to and contingent upon the following additional conditions: 1. Subject to, and conditioned upon, approval by the City (including without limitation by the City Chief of Police) of a business license for the massage establishment permitted by the Conditional Use Permit, only the following licensed massage therapists may perform massage therapy services at the massage establishment: Zhe Liu, Yan Li, and Ying Wang. No other person may perform massage therapy at the massage establishment permitted by the Conditional Use Permit without the advance written approval of the City Chief of Police. 2. The massage establishment permitted by the Conditional Use Permit may not operate at any time other than during the hours of 10:00 a.m. to 9:00 p.m. 3 Page 40 of 47 3. The massage establishment permitted by the Conditional Use Permit must comply at all times with all provisions of the City Code of the City of Des Plaines ("Ciry Code"), including, without limitation, Chapter 13, titled "Massage Establishments," of Title 4, titled "Business Regulations," of the City Code. SECTION 5. NONCOMPLIANCE. A. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of, any of the provisions of this Ordinance shall be fined not less than seventy five dollars ($75.00) or more than seven hundred and fifty dollars ($750.00) for each offense. Each and every day that a violation of this Ordinance is allowed to remain in effect shall constitute a complete and separate offense. In addition, the appropriate authorities of the City may take such other action as they deem proper to enforce the terms and conditions of this Ordinance, including, without limitation, an action in equity to compel compliance with its terms. Any person, firm or corporation violating the terms of this Ordinance shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorneys' fees. B. In the event that the Petitioner fails to use, develop, or maintain the Subject Property in accordance with the plans submitted, the requirements of the Zoning Ordinance, or the conditions set forth in Section 4 of this Ordinance, the Conditional Use Permit granted in Section 3 of this Ordinance may be revoked after notice and hearing before the Zoning Administrator of the City, all in accordance with the procedures set forth in Section 4.7 of the Zoning Ordinance. In the event of revocation, the development and use of the Subject Property will be governed solely by the regulations of the C-3 District. Further, in the event of such revocation of the Conditional Use Permit, the City Manager and City's General Counsel are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances. The Petitioner acknowledges that public notices and hearings have been held with respect to the 4 Page 41 of 47 adoption of this Ordinance, has considered the possibility of the revocation provided for in this Section, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or any denial of any procedural right, provided that the notice and hearing required by Section 4.7 of the Zoning Ordinance is provided to the Petitioner. SECTION 6. EFFECTIVE DATE. A. This Ordinance shall be in full force and effect only after the occurrence of the following events: 1. its passage and approval by the City Council in the manner provided by law; 2. its publication in pamphlet form in the manner provided by law; 3. the filing with the City Clerk by the Petitioner, not less than 60 days after the passage and approval of this Ordinance, of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance, and demonstrating the Petitioner's consent to its recordation. Said unconditional agreement and consent shall be in substantially the form attached to, and by this reference made a part of, this Ordinance as Exhibit C; and 4. at the Petitioner's sole cost and expense, the recordation of this Ordinance together with such exhibits as the City Clerk deems appropriate, with the Office of the Cook County Recorder. B. In the event that the Petitioner does not file with the City Clerk a fully executed copy of the unconditional agreement and consent referenced in Section 6.A.3 of this Ordinance, within 60 days after the date of passage of this Ordinance by the City Council, the City Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. SECTION 7. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. [SIGNATURE PAGE FOLLOWS] 5 Page 42 of 47 PASSED this day of , 2015. APPROVED this day of , 2015. VOTE: AYES NAYS ABSENT ATTEST: CITY CLERK MAYOR Published in pamphlet form this Approved as to form: day of , 2015. CITY CLERK Peter M. Friedman, General Counsel I, , being the owner or other party in interest of the property legally described within this Ordinance, having read a copy of the Ordinance, do hereby accept, concur and agree to develop and use the Subject Property in accordance with the terms of this Ordinance. Dated: (Signature) DP -Ordinance Approving a Conditional Use Permit (CUP) for a Massage Establishment at 683 N Wolf Rd #34295975_v2 6 Page 43 of 47 Exhibit A z R� 4.0 ae • 1I —§o alerom swig Iv_ • .040103 • •wc tr.. • • • 7 I 4 0 J `i • 00. IND • 00, 04•4144O 40WC3 44) L1 00 ! 1030 etifeei - a_ 14 x— i h &I;:11VaIli b I g!li- .11iIII 1 11 11e Pb e B cri pi 1 "4le —Q §a@ a31&/ I/ il }861 xsnib€lip- b !ii : ig li y!El ii R^iig€ggggi�((Gy i[E4 RI f4 6� S� 5y3 e� M�— ry g �!4 ¢Q iY i t- ti 9.11. $b I r! n^r 14 � i a0b eYl II x i VI'1 ii kiix hit i.:i. rdiii i !1plifillil o ?ri!Rxo _ Y .! _.... raBc 04 4,4 • 6hIlEintififffilds Pilvilfh o • t • 'q" • ■ T 1 • Lb • • • e o Q p • • iUiIhR ;!:111.;i!3Ile a 'S tqj 111/fr,')/:E Page 44 of 47 0 0 O 0 1 Exhibit B Page 45 of 47 EXHIBIIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The City of Des Plaines, Illinois ("City"): WHEREAS, Zhe Liu, on behalf of ZHW International, Inc., d/b/a Jia Foot Spa ("Petitioner"), applied to the City of Des Plaines for a conditional use permit to allow for the operation of a massage establishment ("Conditional Use Permit") on that certain property commonly known as 683 N. Wolf Road, Des Plaines, Illinois ("Subject Property"), pursuant to Section 7.3-6.0 of the City of Des Plaines Zoning Ordinance of 1998, as amended; and WHEREAS, the Subject Property is owned by Chicago Title Trust Company as trustee under trust number ( "Owner"), which has consented to Petitioner's application; and WHE "' EAS, the Subject Property is located within the C-3 General Commercial District, in which the operation of a massage establishment is allowed only pursuant to a conditional use permit; and WHEREAS, Ordinance No. Z-_-15 adopted by the City Council of the City of Des Plaines on , 2015 ("Ordinance"), grants approval of the Conditional Use Permit, subject to certain conditions; and WHEREAS, Petitioner and Owner desire to evidence to the City their unconditional agreement and consent to accept and abide by each of the terms, conditions, and limitations set forth in said Ordinance, and the Owner desires to evidence its consent to recording the Ordinance against the Subject Property; NOW, THEREFORE, Petitioner and Owner do hereby agree and covenant as follows: 1. Petitioner and Owner hereby unconditionally agree to accept, consent to and abide by all of the terms, conditions, restrictions, and provisions of that certain Ordinance No. Z- -15, adopted by the City Council on , 2015. 2. Petitioner and Owner acknowledge and agree that the City is not and shall not be, in any way, liable for any damages or injuries that may be sustained as a result of the City's review and approval of any plans for the Subject Property, or the issuance of any permits for the use and development of the Subject Property, and that the City's review and approval of any such plans and issuance of any such permits does not, and shall not, in any way, be deemed to insure Petitioner or Owner against damage or injury of any kind and at any time. 3. Petitioner and Owner acknowledge that the public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, have 9 Exhibit C Page 46 of 47 considered the possibility of the revocation provided for in the Ordinance, and agree not to challenge any such revocation on the grounds of any procedural infirmity or any denial of any procedural right, provided that the procedures required by Section 4.7 of the City's Zoning Ordinance are followed. 4. Petitioner and Owner agree to and do hereby hold harmless and indemnify the City, the City's corporate authorities, and all City elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with (a) the City's review and approval of any plans and issuance of any permits, (b) the procedures followed in connection with the adoption of the Ordinance, (c) the development, construction, maintenance, and use of the Subject Property, and (d) the performance by Petitioner and Owner of their obligations under this Unconditional Consent and Agreement. 5. Petitioner and Owner hereby agree to pay all expenses incurred by the City in defending itself with regard to any and all of the claims mentioned in this Unconditional Agreement and Consent. These expenses shall include all out-of- pocket expenses, such as attorneys' and experts' fees, and shall also include the reasonable value of any services rendered by any employees of the City. ATTEST: ZHW INTERNATIONAL, INC., D/B/A JIA FOOT SPA By: ATTEST: By: By: SUBSCRIBED and SWORN to before me this day of , 2015. Notary Public 10 Zhe Liu, President CHICAGO TITLE TRUST COMPANY, as trustee under trust no. y: Michael Rayyan By: Ray Rayyan Exhibit C Page 47 of 47 CRY OF his ss! DES PLAINES ILLINOIS Committee of the Whole Agenda Item # 2b City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 MEMORANDUM Date: November 26, 2014 To: Michael G. Bartholomew, MCP, LEED AP, City Manager George Sakas, AICP, Director of Community and Economic Development From: Scott Mangum, AICP, Senior Planner Subject: Consideration of Variance Requests, 130 E. Thacker Street (Case #14-082-V) Issue: The petitioner is requesting major variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the expansion of an existing third accessory structure (garage) to create an approximately 1,064 square foot garage, instead of not greater than 720 square feet; and major variations to Section 11.6.B to allow a 6 -foot tall monument sign with an approximately 4 -foot setback and including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum height allowed is 5 -feet, minimum required setback allowed is 5 -feet, and maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. Analysis: Address: PIN: Existing Zoning: Petitioner: Owner(s): 130 E. Thacker Street 09-18-300-040-0000, 09-18-300-053-0000 R-1, Single Family Residential Zoning District City of Des Plaines Fire Department, 405 S. Des Plaines, IL 60016 City of Des Plaines Fire Department, 405 S. Des Plaines, IL 60016 Plaines River Road, Des Plaines River Road, Des In reviewing this variation request, staff has considered the following information: The approximately 1.1 -acre lot has 304 -feet of frontage on the north side of Thacker Street, as well as 159 -feet of frontage on Westgate Road and approximately 202 -feet of frontage on Robert Coombs Court. A one-story brick Fire Station, detached frame garage, five -story brick training tower, one- story brick museum, and manual reader board sign are located on the site. The Des Plaines Fire Page 1 of 39 Department is proposing to expand the existing garage and to replace the manual reader board component of the sign with an Electronic Message Board component. The existing 672 square foot (30 -feet, one -inch by 22 -feet, four -inch) garage is located behind the Fire Station, approximately 8 -feet from the north property line. The petitioner wishes to expand the accessory structure to approximately 1,064 square feet by extending the building 28 feet to the west to accommodate storage needs for larger equipment. Major variations are requested to expand this third accessory structure, where a maximum of two are allowed, to a size greater than 720 square feet. The existing monument sign is located toward the center of the Thacker Street frontage, approximately 4 -feet from the south property line along Thacker Street. The applicant proposes to reuse the existing 45 square foot (4.5 -foot by 10 -foot sign area) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. Additional major variations requested would allow the approximately 6 -foot, three inch tall EMB monument sign to be located approximately 135 -feet from the nearest residence, a single-family residence at 142 E. Thacker Street, where a minimum distance of 250 -feet is required from a residence in the R-1, R-2, and R-3 zoning districts. The EMB sign would also be located approximately 185 - feet from the nearest single family residence to the east at 798 S. Westgate Road. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Recommendations: At its November 25, 2014 meeting the Zoning Board of Appeals recommended (7-0) that the City Council approve the Major Variations for the size and number of accessory structures. The Zoning Board of Appeals recommended (7-0) that the City Council approve the Major Variations for the location, height, and size of the Electronic Message Board sign, subject to conditions of approval as recommended by me. I recommend approval of the requested accessory structure and sign variations based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variations would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of Page 2 of 39 intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 5. The Electronic Message Board portion of the sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. Conditions of approval, including hours of operation are intended to limit the impact of the EMB sign on surrounding properties. Additionally, while the property is located within the R-1, Single Family Residential District, a Fire Station operates differently than a typical residence and has a greater need for accessory structures. Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the City Council has the authority to approve, approve subject to conditions, or disapprove the above-mentioned variances for accessory structure expansion and Electronic Message Board sign in the R-1 zoning district. It is requested that this item be placed on the Committee of the Whole agenda at the January 5, 2014 City Council meeting. Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Petitioner's Variance Application Location Map Site and Context Photos Draft Minutes of the November 25, 2014 Zoning Board of Appeals Hearing Letter from Zoning Board of Appeals to the Mayor Exhibits: Ordinance authorizing variations for the expansion of an accessory structure and the addition of an Electronic Message Board sign component at 130 E. Thacker Street. Exhibit A: Plat of Survey prepared by Accurate Survey, Inc., and dated February 28, 2014 with proposed Accessory Structure prepared by John Nelson and submitted October 29, 2014. Exhibit B: Proposed sign diagram prepared by North Shore Sign, and dated June 7, 2013. Page 3 of 39 ZONING VARIATION APPLICATION DO NOT WRITE IN THIS AREA - FOR OFFICE USE ONLY CASE NUMBER: 11-4-- ()iS 2 " U TYPE OF VARIATION: Minor 0 Standard ❑ Major Sign ❑ License Agreement 0 DATE FILED bctv..zo 2)( License Agreement for: Lawn Sprinkler ❑ Mailbox ❑ Special Paving ❑ Fee Paid/Receipt Number: hp -AA— Amount: VLU�-t_� Date: (f)(?q I(I Legal Notice Publication Date: 1\i 6V. -6'11,2 -k � , published in the: Journal Topics Scheduled hearing date: IN - XV\1,Xit 2 512011 at 7:30 P.M. in Room 102, City Hall Action by Zoning Administrator/Zoning Board of Appeals/City Council: A Variation to Section(s) . (• 3 of the City of Des Plaines Zoning Ordinance (adopted 1998), is requested in conformity with the powers vested in the Zoning Administrator/Zoning Board of Appeals/City Council, to permit the Variation on the property legally described as: (See legal description on Plat of Survey supplied by applicant) and commonly known as: f .3 0 1✓ . i tl �2 c tt e ✓� s' , Des Plaines, Cook County, Illinois. (Subject property address) Variation being requested: fl15 4'7c.' 7-0 /f 7 4,',e4 ,4 esscx�y .S i gve : r=e ..4 . c S 7, - '-'/2 S 9 ,'L r # /S/ !NG 44R444-.. it[ ,12.14 s44' Dt idc. 7-06>E/es G ✓✓ yT G,Jge4 GL�OG�t.� exeeeJ %20 $j. f'!. /�'Ul iS�ocJ G�,f //CCt�SScrt Si -yam • /S 13 .14ttn Need 66 .5/'4C Tia Ak,,,,sf/etf-1/CLES 77/.47• Le Gi tJf2IQ6vi L y $7 i ,o' J� S PF. r1 Applicant(s) Name: AF -S .4/<144'S f"-fiz.E' Telephone: f217 .3g/— .S`�3.0 Signature Fax: /427 6/c Mailing Address: %fC S� s , '/V ie,(3 2 / /2 . 600,- Property 00, Property Owner(s) Name: 6.-/7)/0 Z s r/LA,N f Signature Telephone: Fax: Mailing Address: Is the Contact Person the: Applicant ❑ or Owner ❑ -3- Attachment 1 Page 4 of 39 Address of Property: - %/-/46 KE.2 Property Tax Number: c`7 - 4 - 3e - Ozfv Des Plaines, IL 600 (From tax bill or township assessor's office) Applicant's interest in the property: sole owner ❑ lessee 0 contract purchaser ❑ other (explain): Present Zoning Classification of Property: / / Current Use of Property: / " t S� y 77 oti/ , 3 Proposed Use of Property: /z6 J i h'77041 3 1 RUST 1\F RMA I ION Name(s) of Trust Beneficiary (ies)* Address (es) of Trust Beneficiary (ies)* * All applications involving property held by a land trust must be signed by the trust officer of the institution holding the trust as the owner of the property. Additionally, the trust beneficiary and his/her current address must be disclosed on this form. The application must also be accompanied by the following: • A certified copy of the trust agreement. • Attachment 1 A letter from the trustee certifying that the beneficiary as shown on this application is correct and disclosing any beneficiary changes or lack thereof during the 12 months preceding the filing of this application. IF YOU ARE FILING A LICENSE AGREEMENT, PLEASE PROCEED TO PAGE6. -4 Page 5 of 39 REASONS FOR VARIATION REQUEST Before answering the following questions, read the Notice to Applicants below. Notice to Applicants A Variation is a zoning adjustment, which permits changes of certain zoning requirements where individual properties are unduly burdened by the strict application of the zoning standards. The power to vary is restricted and the degree of variation is limited to the minimum change necessary to overcome hardship of the property. A Variation recognizes that the same zoning district requirements do not affect all properties equally; the intention of it is to allow changes to properties where the re is a hardship to enjoy equal opportunities with similarly zoned properties. You must prove in making your case that special circumstances or unusual conditions affect your property. These must result in uncommon hardship and unequal treatment under the strict application of the Zoning Ordinance. Where hardship conditions extend to other properties, a variation cannot be granted. You must prove that the combination of the Zoning Ordinance and the uncommon conditions of your property prevents you from making any reasonable use of your land as permitted under the current zoning distract. No variation may be granted which would adversely affect surrounding property or the general neighborhood. All variations must be in harmony with the intent and purpose of the Zoning Ordinance. In order for the Zoning Administrator, staff and Zoning Board of Appeals to understand your reasons for requesting a variation(s) please answer the following questions completely. 1. What would you describe as the hardship(s) that prevent you from being able to carry out the strict letter of the provisions of the Zoning Ordinance? (Explain in Detail) - s7.42 e s .4 nE eGit / s7"i4; �r 7Wf_ ,./et)/4:151,,) ,9 o , i ,o.✓ al c- A /1'1vc;ii e'7 ✓e`r{/CLE 3 77>,eAG.S sj'spCE. 4 ...Cx; y r4'.t' y//q-2/A.vee' 4,re,4n/r nor .5:50 s• /r.j. 4.6/77c'left ar./14441 S%'At T7`f/� G.4.sued 6C' %1-45 e u 7 a 77-716: S P /1.' C la /9.e,d e 2. How do the site conditions prevent the reasonable use of your land under the terms of the Zoning Ordinance? (Explain in Detail) 77/ P,20r1E•e tyic / I n 'ppn�f AVe 771i . .r E. c F151 -4.6F151 -4.6/J) 7�[JI ycic�dL� (j�CEe=�'1 7.? 0 sJ. FT '14-X_ f i2i�si�5iu�l. 74tFeE. r�rt �1Jv O it/e%e A.2ee=As awl/ Vie; ".Go,,e-",ery 'T[7 C'n57 E�Ft✓ciivc�c /.) G/e=rf�Gc.e. s712AZAGe s/4cr'_ 7-17ei5 /s gti .4,�:e•2,e.97t/E_ i 4 Cosrtr S ; A TU UW £ 64,0.5 o,v 441.79 / s A/N.0 e: sa y/ e,,,,(4.417' pi OA) / S . 3. To the best of your knowledge, can you affirm that the physical condition of your property was not created by an action of anyone having property interests in the land after the Zoning Ordinance of 1998 was adopted, or as the result of other governmental action, or was created by natural forces: No El If no, please explain in detail: -5- Attachment 1 Page 6 of 39 4. How would the denial of the variation deprive you from rights enjoyed by other persons subject to the same provisions? (Explain in Detail) 7.-74lS pRo",t/2 i7 ' S ,j OC•4 7-6,4iN i1 RFs-/L'6,J; i4 t N 6/ c/>' J4)x f. a c' — /71 I. -•r o 4 , e 7-4-77 o,/., 34C4L.s,e aC f/ic4.s 'vta../ Tv B 4 A/0115 64 ; /SVS/oe" 5. Is the requested variation the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of the Zoning Ordinance? (Explain in Detail) y F S - 771 5 wo i ) ,44 c. t 4.✓ /. on At / ,f/c44 s'TPA 4 7`0 ,/.7,e s7DPAy,E /1/ Pveg - t fr'i u, 4i_e_e D/ese, v'.5 4:I-471 !v3 if emit S, 7t'� 3FS�D.N14, / .O ttide.5 74� ✓c..v ,r f.s.Sc 6$ D, 1--1/-e:71-- if/4 / A) N// v7 ! ,41 6. Will the granting of the variation be in harmony with the neighborhood and the provisions of the Zoning Ordinance from which it is being sought? (Explain in Detail) 1-1165 . i 7, GA2•44ef is <-eic!.4 re0 //t/ fJ g6",tf o74 SEe_ /7.01-1 t'/r TNF. pRgry . 27-16. 4-4.0 /71bl✓ 1•v/ate 49e 4-r Tv RfC-e:-.6.e.r ,4�.9n-Af" %'a- C44 ry riy se, /lu ;yn/G' NE14",:9r3444./0,04 I hereby certify that all of the above statements and those contained in any papers or plans submitted herewith are true to the best of my knowledge and belief. Furthermore, I consent to the entry in or upon the premises described in the application, by any authorized official of the City of Des Plaines, for the purpose of posting, maint jning,-aud-remouing public hearing notices as may be required, as well as conducting site analysis. 3/c c/Y,e - Guo2,tl1, /0/2 (Signature of Applicant or Authorized Agent) (Date) (Signature of Owner) (Date) -6- Attachment 1 Page 7 of 39 ZONING VARIATION APPLICATION DO NOT WRITE IN THIS AREA - FOR OFFICE USE ONLY CASE NUMBER: M- l;, O.- TYPE OF VARIATION: Minor ❑ Standard ❑ Major Sign ❑ DATE FILED 00119.4 tCI f �r)f1J1 License Agreement ❑ License Agreement for: Lawn Sprinkler ❑ Mailbox ❑ Special Paving ❑ Fee Paid/Receipt Number: h ( vii, Amount: I1 60_- Date: 1014/(1 Legal Notice Publication Date: NU4al'2VV" ,(, (t-( , published in the: Journal Topics Scheduled hearing dater bV -e i"(`y) Y 25 f 2.-C)LIat 7:30 P.M. in Room 102, City Hall Action by Zoning Administrator/Zoning Board of Appeals/City Council: A Variation to Section(s) // 6 6' of the City of Des Plaines Zoning Ordinance (adopted 1998), is requested in conformity with the powers vested in the Zoning Administrator/Zoning Board of .Appeals/City Council, to permit the Variation on the property legally described as: (See legal description on Plat of Survey supplied by applicant) and commonly known as: / 3 0 . ; r/AC I1 i(5 : •• , Des Plaines, Cook County, Illinois. (Subject property address) ev v tr��/ti ��/ j s%Rr/uJI�iFSSAIr e . J ✓G/✓ i v �4EC % (e .a/iC Sik/V ,5 ,fiess 7N.tJ v?3 7f7- 4a,/Ac .All %Ze5/.'J(?"✓/ i41 - Variation being requested: 7',.ie ecra.,✓,c c3r/azo iv00:.-4 /3lc /b sp.{=t, 71-/e.." 3 o ek 7 a7.4 c S /4.0 4.e6,4- 7 /' ••:,1t--%s-44;c: 6eAd /6 3J J 0iy o 7O7 tL .S'4.✓. 7Ye ea.e/te.✓r 5', /S 6 ff-. - G,eeAL7e.2 77/.44/ 5 /Llfs ✓:.tr"�tF../T, ✓A.¢,:alc'E •vee e,0 �. .Sers4c.,C p c s,PT ever 5 RFa,,,02 ' ,16v7- / 1 .S/OF•vA c4.r /N t 44- .44L..-.41totes hie /4FN7, sr'T.s/stiu , 4,111 s 777'&4 v7 SU/Fi r,:es,o Applicant(s) Name: Z:*..5 ?`A ,A4, /TAE Signature Telephone: fz/7 9 2J i Fax: Mailing Address: I/O +1 - R, i/ /2 A b , . 6e9a/e, Property Owner(s) Name: L1/7y cve De'sA,:-/e-c Signature Telephone: Fax: Mailing Address: Is the Contact Person thc: Applicantor Owner ❑ -3- Attachment 1 Page 8 of 39 Address of Property: /3 c e. i Nf? C/«,Z `5 Property Tax Number: 65 _ / g _ 360 Coif r." Des Plaines, IL. 600 / (From tax bill or township assessor's office) Applicant's interest in the property: 'sole owner ❑ lessee ❑ contract purchaser ❑ other (explain): y� Present Zoning Classification of Property: !R/ Current Use of Property:%=F.; i /2.�= s i A T ��✓ iv Proposed Use of Property: r / /'e 67—,4r/0,,-) 6 TRUST IN ORNLA1l ) Name(s) of Trust Beneficiary (ies)* P%9 Address (es) of Trust Beneficiary (ies)* * All applications involving property held by a land trust must be signed by the trust officer of the institution holding the trust as the owner of the property. Additionally, the trust beneficiary and his/her current address must be disclosed on this form. The application must also be accompanied by the following: • A certified copy of the trust agreement. • A letter from the trustee certifying that the beneficiary as shown on this application is correct and disclosing any beneficiary changes or lack thereof during the 12 months preceding the filing of this application. Attachment 1 IF YOU ARE FILING A LICENSE AGREEMENT, PLEASE PROCEED TO PAGE6. -4- Page 9 of 39 REASONS FOR VARIATION REQUEST Before answering the following questions, read the Notice to Applicants below. Notice to Applicants A Variation is a zoning adjustment, which permits changes of certain zoning requirements where individual properties are unduly burdened by the strict application of the zoning standards. The power to vary is restricted and the degree of variation is limited to the minimum change necessary to overcome hardship of the property. A Variation recognizes that the same zoning district requirements do not affect all properties equally; the intention of it is to allow changes to properties where the re is a hardship to enjoy equal opportunities with similarly zoned properties. You must prove in making your case that special circumstances or unusual conditions affect your property. These must result in uncommon hardship and unequal treatment under the strict application of the Zoning Ordinance. Where hardship conditions extend to other properties, a variation cannot be granted. You must prove that the combination of the Zoning Ordinance and the uncommon conditions of your property prevents you from making any reasonable use of your land as permitted under the current zoning district. No variation may be granted which would adversely affect surrounding property or the general neighborhood. All variations must be in harmony with the intent and purpose of the Zoning Ordinance. In order for the Zoning Administrator, staff and Zoning Board of Appeals to understand your reasons for requesting a variation(s) please answer the following questions completely. 1. What would you describe as the hardship(s) that prevent you from being able to carry out the strict letter of the provisions of the Zoning Ordinance? (Ex lain in Detail) .5 an/ P,c>,.,,{'r,e7 y 77/,97 !Zt 4(4 -"e1 --e 5S ��f /TS /XS /7"lta.. Pl/Z- A -.'i .c4Ee=7" i7J'tni SUJ g e'S ;96,✓7/Ac. iac�X/4I/JY_ 6 Ta 7//r /1-29C7' ezie Ail c. /2r'r✓.z,_3/5//, /�.L/ A1C/S Ti�'�" Si4�✓J Mveif-,iqr 1c4:45- 7• ?we C'.Yr3).Les / flnr- / 7 CrsT E? -r --e c- 7? . TNS t1r5/4,17 /0ttel Sf'rig /1c -re VAe- /9 nes //e V' f'7 fl,S 7,4 s/G,a /sr-/.;/, a- A,D /re / ef, !� J2e,c.4cee0 2. How do the site conditions prevent the reasonable use of your land under the terms of the Zoning Ordinance? (Explain in Detail) 7Ne ..41P/-7,211-•-‘ 25s2.re:04 7 Fv�/e'��':w/-'245Cr"s A('; C7&e..,7 �Gl C i 19 %/U,J.. 4f ;i1 7-6 1 JG,� i �i 44.4, /1�'1 /n1 P ",iJ/u .iia i C:•-; 4. How would the denial of the variation deprive you from rights enjoyed by other persons subject to the same provisions? (Explain in Detail) -7A' s� ,j� 3 '%G,z'ioe S ©,..04 ,e 7✓AzzA-14 7-119")...4 be ,L,) 4 c w v -'4-0 1 �4✓lc A AI,4,/✓,9 ` i lfiv 14//77i vs.a y v sJ,c 4.1 [%ss,4 4 /Src.,fyt' TN /5 Jp‘2,4+) t Tn FL c c r,e /C a/Pi'L 14'324,✓/✓J 4 440/2tF E FG/ ciF�v M &'R us 717 As; /n win/ /44Pi1o✓E✓J 2)/S' 'y, 77ii 5 i.✓e?dt-O Rt UvK/ (-,64702 e>e'45 v/ee dirt 4 j C,'-/ E'tiEi✓Ts i7Nv /i11{v.!i1mTAv 5. Is the requested variation the minimum measure of relief necessary to alle4iate the alleged hardship or difficulty presented by the strict application of the Zoning Ordinance? (Explain in Detail) i/Dr4F trZ Ate 4stt 6. Will the granting of the variation be in harmony with the neighborhood and the provisions of the Zoning Ordinance from which it is being sought? (Explain in Detail) yi`s .i r♦f epAArtvi ; Jy�&L_n Co.�-.P-7 ui/ray Arc.. C'71/ A2 9 5 /{efiv,.e fA46-07-5. Iw/G4✓P/:'4 ✓ lMw, ✓tf `fTi`W G�fi4t I hereby certify that all of the above statements and those contained in any papers or plans submitted herewith are true to the best of my knowledge and belief. Furthermore, I consent to the entry in or upon the premises described in the application, by any authorized official of the City of Des Plaines, for the purpose of posting, maintainin and removing public hearing notices as may be required, as well as conducting site analysis. cc,eis Jwo,7y Pe-i-z,,eEt .23, it Agent) (Signature of Applicant or Autho zed g ) (Date ) (Signature of Owner) (Date) -6- Attachment 1 Page 11 II of 39 Attachment 2, Location Map o 130 E. Thacker S ree Prepared by Community and Economic Development Department: SM, November 20, 2014 Attachment 2 Page 112 of 39 ttac m • Attachment 3 KINIMITTUTIMM Page 13 of 39 i 0 E. Thacker Str • • Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 1 DES PLAINES ZONING BOARD MEETING NOVEMBER 25, 2014 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Monday, November 25, 2014, at 7:30 p.m. in Room 101 of the Des Plaines Civic Center. PRESENT: ZONING BOARD Seegers, Szabo, Catalano, Saletnik, Hofherr, Schell, Porada ALSO PRESENT: Scott Mangum, Senior Planner, Department of Community & Economic Development Gale Cerabona, Recording Secretary Chairman Seegers called the meeting to order at 7:34 p.m. & read this evening's cases. APPROVAL OF MINUTES: A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to approve the meeting minutes of October 14, 2014, as presented. AYES: Saletnik, Hofherr, Schell, Porada, Seegers NAYES: None ABSTAIN: Catalano, Szabo ***MOTION CARRIED 5-2*** A motion was made by Board Member Catalano, seconded by Board Member Schell, to approve the meeting minutes of November 12, 2014, as presented. AYES: Catalano, Schell, Porada, Seegers NAYES: None ABSTAIN: Szabo, Saletnik, Hofherr ***MOTION CARRIED 4-3*** Attachment 4 Page 14 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 2 NEW BUSINESS 1. Address: 710 S. Second Avenue Case Number: 14-050-V Petitioner is requesting a Variation to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to legalize the construction of an accessory structure (barbeque grill enclosure) with a setback of approximately zero feet from the west property line where the minimum - required setback for an accessory structure is 5 -feet in the R-1 Zoning District. PIN: Petitioner: Owner: 09-17-320-025-0000 Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Chairman Seegers noted that Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 was duly sworn in at the last Zoning Board of Appeals Meeting on November 12, 2014. Mr. Bertolini advised he added the grill enclosure & went through the process. Chairman Seegers asked: • if it is masonry. Mr. Bertolini advised — yes • if the grill is on the west side of the house. Mr. Bertolini advised — yes • if the grill is in the rear portion in the side yard. Mr. Bertolini advised — yes • if neighbors have any objections. Mr. Bertolini advised — no, and stated there are two acknowledgement letters received from neighbors Board Member Hofherr asked: • if there was a hearing regarding the code enforcement violation. Mr. Bertolini advised — he wasn't aware there was a hearing • if there is a 0 setback. Mr. Bertolini advised — it's actually 6 inches Board Member Porada asked: • how high the barbeque grill is off of the ground. Mr. Bertolini advised — approximately 4 ft. Mr. Ken Bertolini, 1310 W. Haven Drive, Arlington Heights, Illinois, came forward and was sworn in by Chairman Seegers. Board Member Porada continued, asking: • if a permit was obtained in 2012. Mr. K. Bertolini advised — yes; the driveway and patio work was completed shortly after moving in • when the barbeque pit was added. Mr. K. Bertolini advised — at the same time of move -in • if the barbeque pit was built when you moved in? Mr. A. Bertolini advised — yes • if the barbeque pit was included on the sketch/drawings? Mr. K. Bertolini advised — no, it was after - the -fact Attachment 4 Page 15 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 3 Chairman Seegers asked if the Board has any questions. There were none. Chairman Seegers asked Staff to provide the summary report. Issue: The petitioner is requesting a Variation to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to legalize the construction of an accessory structure (barbeque grill enclosure) with a setback of approximately zero feet from the west property line where the minimum required setback for an accessory structure is 5 -feet in the R-1 Zoning District. Analysis: Address: 710 S. Second Avenue PIN: 09-17-320-025-0000 Existing Zoning: R-1, Single -Family Residential Petitioner: Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Owner(s): Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 51 -foot by 141 -foot (approximately 7,220 square foot) lot at 710 S. Second Avenue is a legal nonconforming lot as the minimum lot width is 65 -feet and minimum lot area is 8,125 square feet for a corner lot in the R-1 Zoning District. A one and a half -story brick single-family residence with a driveway and attached one -car garage currently exists on site. Without a permit the applicant installed a 3 -foot by 6 and a half -foot brick enclosure for a barbeque grill and was cited by code enforcement personnel in September of 2013. A permit was obtained in 2012 for a driveway replacement and rear patio addition. The barbeque grill enclosure is located along the west property line. The applicant wishes to keep the grill enclosure in its present location to maximize the use of the yard and property. This request, a setback variation of greater than 30%, is a standard variation and shall be considered by the Zoning Board of Appeals. Recommendation: Staff recommends approval of the above -requested variation for the location of an accessory structure based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. While there appear to be other locations where the enclosure could be located to the south or east of the patio that would not encroach upon required setbacks, the lot is legal nonconforming with regards to width and size, and the enclosure is smaller in bulk and scale than the typical accessory structure. Zoning Board of Appeals Procedure: Under Section 3.6-6 of the Zoning Ordinance (Standard Variations) the Zoning Board of Appeals has the authority to approve, approve subject to conditions, or deny the above-mentioned setback variance in the R- 1 zoning district. Attachment 4 Page 16 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 4 Chairman Seegers asked if the Board has any questions. Board Member Catalano asked if the grill is gas or charcoal. Mr. Bertolini advised — it's a propane tank; not an open pit; just a surround. Board Member Saletnik asked/stated: • it appears to be 3 ft. high • seems like a fence/enclosure to hide the grill; is aesthetically -pleasing Chairman Seegers asked if anyone in the audience objects or is in favor. No one responded. Board Member Szabo stated if it was a Weber grill, it would be no problem; being a propane grill, he affirmed he is in favor of this. A motion was made by Board Member Szabo, seconded by Board Member Catalano, to grant the variation. Board Member Porada thanked/stated: • Petitioner for returning • he typically doesn't approve after -the -fact variations • as Petitioner obtained a permit (for the earlier work), he believes he is aware there is a process • without a concrete slab this can be easily removed if needed AYES: Szabo, Catalano Saletnik, Hofherr, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 2. Address: 683 Wolf Road Case Number: 14 -081 -CU Petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Massage Establishment in the C-3 District. PIN: 09-07-226-025-0000 Petitioner: Zhe Liu, 8228 N. Octavia, Niles, IL 60714 Owner: Michael Rayyan, 9800 Lauren Lane, Niles, IL 60714, and Ray Rayyan, 2215 Sanders Road #350, Northbrook, IL 60062 Chairman Seegers swore in Petitioners Zhe Liu, 8228 N. Octavia, Niles, IL 60714 & Nicholas J. Ftikas, Attorney at Law, Law Office of Samuel V.P. Banks, 221 N. LaSalle Street, 38th floor, Chicago, IL 60601 who is assisting attorney Paul Kolpak. Attachment 4 Page 17 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 5 Mr. Ftikas advised the Applicant is currently operating with a reflexology license. Her establishment currently has 3 employees and is open from 10 a.m.-9 p.m. He stated the license does not allow for other body areas to be touched as well as no disrobing. The Applicant is applying for a Conditional Use Permit to expand to body massage services. Chairman Seegers asked what the hours are. Mr. Ftikas advised —10 a.m.-9 p.m. except Saturdays Chairman Seegers asked if the Board has any questions. Board Member Porada asked: • if Petitioner is operating with a reflexology license. Mr. Ftikas advised — yes, a business license with reflexology • if Petitioner was cited when she was asked to provide body massages. Mr. Ftikas advised — yes • if this is Petitioner's first establishment. Ms. Liu advised — she has been in business for 14 years and has many locations (Bloomingdale, West Dundee, Niles, Glenview, etc.); this is the newest business. • if the (owners') names listed are the therapists. Ms. Liu advised — yes • if Ms. Liu is a massage therapist. Ms. Liu advised — sometimes • if Ms. Liu has had 4 businesses for years. Ms. Liu advised — yes, for 12-14 years • if Ms. Liu has been cited in any other locations. Ms. Liu advised -- never Chairman Seegers asked Staff to summarize the report. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Massage Establishment in the C-3 District. Analysis: Proposed Use Massage Establishment Petitioner Zhe Liu, 8228 N. Octavia, Niles, IL 60714 Owner Michael Rayyan, 9800 Lauren Lane, Niles, IL 60714, and Ray Rayyan, 2215 Sanders Road #350, Northbrook, IL 60062 PIN 09-07-226-025-0000 Plan of Operation Approximately 3 employees would work at the location with proposed hours of operation from 10:OOam to 9:OOpm. Existing Use Multi -tenant retail center Surrounding Land Use North: Commercial East: Single -Family Residential South: Single -Family Residential Attachment 4 Page 18 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 6 Existing Zoning Surrounding Zoning Street Classification Comprehensive Plan West: Commercial C-3, General Commercial North: C-3, General Commercial East: R-1, Single Family Residential South: R-1, Single Family Residential West: C-3, General Commercial Wolf and Central Roads are identified as collector roads according to the City's Comprehensive Plan. The Comprehensive Plan recommends a Community Commercial use in this area. The applicant, Zhe Liu of Jia Foot Spa, has requested a Conditional Use Permit to operate a Massage Establishment at 683 N. Wolf Road in the C-3 Zoning District. The 2.2 acre lot has approximately 180 feet of frontage on Central Road and 395 feet of frontage on Wolf Road. The petitioner currently occupies an approximately 2,000 square -foot tenant space within a one-story shopping center. The existing business is licensed authorizes the reflexology, which does not require a conditional use permit. The State of Illinois Massage Licensing Act exempts practitioners of other forms of bodywork who restrict manipulation of soft tissue to the feet, hands, and ears, and who do not have the client disrobe, such as reflexology. The business has been cited for also offering body massage services, which does require a conditional use permit and is subject to the State Licensing Act. The floor plan indicates that the tenant space would be organized with most of the areas containing a number of foot massage sofas, but also three rooms with tables for body massage. Additional space includes restroom and storage facilities. The proposed plan of operation includes hours of operation between 10:OOam and 9:OOpm and a staff of three massage therapists. The applicant requested a waiver of the traffic study which has been granted due to the limited amount of traffic anticipated. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Massage Establishment is a Conditional Use in the C-3, General Commercial Zoning District, as specified in Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends Community Commercial use for this site. A Massage Establishment is a Conditional Use in the C-3 Zoning District. Attachment 4 Page 19 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 7 C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Massage Establishment use would be located within an existing structure. No exterior alterations are proposed to the structure. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment.: None of the functions of the Massage Establishment use are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed Massage Establishment use is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network according to the information provided. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize an existing curb cuts on Central and Wolf Roads for access. Based on information provided, staff does not find any evidence for potential interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Attachment 4 Page 20 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 8 Comment: No significant exterior building alterations are proposed. The proposed plan would not add impervious surface, nor cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: As proposed, the Massage Establishment use appears to conform to all other zoning regulations. The Des Plaines City Code, Title 4, Chapter 13 establishes additional regulations pertaining to Massage Establishments and requires approval of the City Manager including review by the City Sanitarian and the Police Department. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit modification request for the operation of a Massage Establishment, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to conditions of approval: 1. The only individuals authorized to operate at the location would be Zhe Liu, Yan Li, and Ying Wang pending business license approval, including a review by the Chief of Police. Any additional person would require approval of the Chief of Police. 2. Hours of operation shall be limited to 10:00 a.m. to 9:00 p.m. 3. The use shall comply with, and remain in compliance with, Title 4, Chapter 13 (Massage Establishments) of the City of Des Plaines Municipal Code. Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for the operation of a Massage Establishment use in the C-3 zoning district. The City Council has the final authority on the project. Chairman Seegers asked if the Board has any questions. Board Member Catalano asked, regarding Condition 1, what is intended? Mr. Mangum advised — this is intended for the persons that would be administering body massage. Board Member Hofherr asked: • if Ms Liu spends her time at this or other locations. Ms. Liu advised — all locations • if there will be only 2 employees there. Ms. Liu advised — yes, when I am not there Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. Attachment 4 Page 21 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 9 A motion was made by Board Member Saletnik, seconded and amended by Board Member Catalano that Condition 1 be altered from "individuals" to read "massage therapists", to recommend approval to City Council and grant the Conditional Use Permit. AYES: Saletnik, Catalano, Szabo, Hofherr, Schell, Porada, Seegers NAYES: None ***MOTION CARRIIE UNANIMOUSLY*** 3. Address: 130 E. Thacker Street Case Number: 14-082-V Petitioner is requesting a major variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the expansion of an existing third accessory structure (garage) to create an approximately 1,064 square foot garage, instead of not greater than 720 square feet; and major variations to Section 11.6.B to allow a 6 -foot tall monument sign with an approximately 4 -foot setback and including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum height allowed is 5 -feet, minimum required setback allowed is 4 -feet, and maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. PIN: 09-18-300-040-0000 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chairman Seegers swore in Petitioner Fire Chief Alan Wax, 405 S. Des Plaines River Road, Des Plaines, IL 60016. Fire Chief Wax advised there is currently a utility garage on-site that is full. Other vehicles (fuel -truck trailer, pick-up truck) are stored outside. He stated they wish to place these vehicles indoors. He advised a grant was received to expand the garage. Chairman Seegers asked: • if this extends to the west. Chief advised — yes • if it is masonry. Chief advised — it is similar to the current frame construction • if the structure to the north is a school. Chief advised — yes • if the setback is 5 ft. Chief advised — 8 ft. Mr. Mangum advised this would expand a third accessory structure. Attachment 4 Page 22 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 10 Chief advised for all 3 fire stations, per the budget, the current (dated) message boards will be upgraded to electronic boards; will be modernized; offer flexibility. Board Member Szabo asked if all signs are the same for all 3 fire stations. Chief advised — yes, generally. Chairman Seegers asked if electronic boards would include identification and address. Chief advised — yes. Board Member Hofherr asked if the garage will be sufficient. Chief advised — the current garage would still be used. Board Member Szabo asked if the garage is being made wider. Chief advised — we are extending to the west and making the overhead door taller. He noted a couple of parking spaces will be lost. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend approval of variations to City Council for the garage addition at 130 E. Thacker Street. Chairman Seegers asked Staff to provide the summary report. Issue: The petitioner is requesting major variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the expansion of an existing third accessory structure (garage) to create an approximately 1,064 square foot garage, instead of not greater than 720 square feet; and major variations to Section 11.6.B to allow a 6 -foot tall monument sign with an approximately 4 -foot setback and including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum height allowed is 5 -feet, minimum required setback allowed is 5 -feet, and maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. Analysis: Address: 130 E. Thacker Street PIN: 09-18-300-040-0000 Existing Zoning: R-1, Single Family Residential Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 1.1 -acre lot has 304 -feet of frontage on the north side of Thacker Street, as well as 159 - feet of frontage on Westgate Road and approximately 202 -feet of frontage on Robert Coombs Court. A one- story brick Fire Station, detached frame garage, five -story brick training tower, one-story brick museum, and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to expand the existing garage and to replace the manual reader board component of the sign with an Electronic Message Board component. Attachment 4 Page 23 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 11 The existing 672 square foot (30 -feet, one -inch by 22 -feet, four -inch) garage is located behind the Fire Station, approximately 8 -feet from the north property line. The petitioner wishes to expand the accessory structure to approximately 1,064 square feet by extending the building 28 feet to the west to accommodate storage needs for larger equipment. Major variations are requested to expand this third accessory structure, where a maximum of two are allowed, to a size greater than 720 square feet. The existing monument sign is located toward the center of the Thacker Street frontage, approximately 4 - feet from the south property line along Thacker Street. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. Additional major variations requested would allow the approximately 6 -foot tall EMB monument sign to be located approximately 135 -feet from the nearest residence, a single-family residence at 142 E. Thacker Street, where a minimum distance of 250 -feet is required from a residence in the R-1, R-2, and R-3 zoning districts. The EMB sign would also be located approximately 185 -feet from the nearest single family residence to the east at 798 S. Westgate Road. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Recommendation: Staff recommends approval of the requested accessory structure and sign variations based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variations would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 5. The Electronic Message Board portion of the sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. Conditions of approval, including hours of operation are intended to limit the impact of the EMB sign on surrounding properties. Additionally, while the property is located within the R-1, Single Family Residential Attachment 4 Page 24 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 12 District, a Fire Station operates differently than a typical residence and has a greater need for accessory structures. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the accessory structure and sign variances. The City Council has the final authority on the project. Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. AYES: Hofherr, Catalano, Szabo, Saletnik, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** A motion was made by Board Member Saletnik, seconded by Board Member Hofberr, to recommend approval to City Council for sign variations as proposed with conditions as mentioned by Staff. Board Member Szabo asked if there has been input from any of the neighbors. Chief advised — there was a call from McDonald's staff (River Road location). Mr. Mangum advised — he hasn't heard any additional feedback. Board Member Porada asked/stated: • if text may include information about checking batteries, etc. Chief advised — yes, safety issues and notification of events. He advised other departments, etc. may utilize electronic boards also. • if these will be like the municipal board at River and Miner. Chief advised — not to that extent. • if other organizations who may supply messaging would be screened by Chief Wax. Chief Wax advised — yes • if Petitioner is aware of the conditions. Chief Wax advised — yes • if the cabinet would remain the same. Chief Wax advised — yes • it's helpful for the Fire Department to set the appropriate example. Chief Wax responded — we will take the conditions seriously AYES: Saletnik, Hofherr, Szabo, Catalano, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 4. Address: 405 S. Des Plaines River Road Case Number: 14-083-V Petitioner is requesting a major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% where the maximum percentage of an electronic message board component allowed is 30 -percent in the C-3 Zoning District. Attachment 4 Page 25 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 13 PIN: 09-16-300-106-0000 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chief Wax advised that the goals, intentions, and conditions are the same as the previous petition. Chairman Seegers noted the particulars; Mr. Mangum clarified same. Chairman Seegers asked Staff to summarize the report. Issue: The petitioner is requesting a major variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% where the maximum percentage of an electronic message board component allowed is 30 -percent in the C-3 Zoning District. Analysis: Address: 405 S. Des Plaines River Road PIN: 09-16-300-106-0000 Existing Zoning: C-3, General Commercial Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 38,290 square foot lot has approximately 155 -feet of frontage on the east side of Des Plaines River Road. A one-story brick Fire Station and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to replace the manual reader board component of the sign with an Electronic Message Board component. The existing monument sign is located toward the middle of the site along Des Plaines River Road. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Attachment 4 Page 26 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 14 Recommendation: Staff recommends approval of the requested sign variation based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variation would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the sign variance. The City Council has the final authority on the project. Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend approval to City Council with conditions as noted by Staff. AYES: Hofherr, Catalano, Szabo, Saletnik, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 5. Address: 1313 E. Oakton Street Case Number: 14-084-V Petitioner is requesting a major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. PIN: 09-29-202-015-0000 Attachment 4 Page 27 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 15 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chief Wax advised this fire station is the closest distance to the neighbors. He stated the goals, intentions, etc. are the same as the above petitions. Chairman Seegers asked Staff to summarize the report. Issue: The petitioner is requesting major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. Analysis: Address: 1313 E. Oakton Street PIN: 09-29-202-015-0000 Existing Zoning: R-1, Single Family Residential Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 11,601 square foot lot has approximately 93 -feet of frontage on the south side of Oakton Street and approximately 125 -feet of frontage on Ash Street. A one-story brick Fire Station and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to replace the manual reader board component of the sign with an Electronic Message Board component. The existing monument sign is located toward the northwest corner of the site. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. Attachment 4 Page 28 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 16 An additional major variation requested would allow the EMB monument sign to be located approximately 85 -feet from the nearest residence, a single-family residence at 1319 E. Oakton Street, where a minimum distance of 250 -feet is required from a residence in the R-1, R-2, and R-3 zoning districts. The EMB sign would also be located approximately 90 -feet from the nearest single family residence to the west at 1616 Ash Street. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Recommendation: Staff recommends approval of the requested sign variations based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variations would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 5. The Electronic Message Board portion of the sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. Conditions of approval, including hours of operation are intended to limit the impact on surrounding properties. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the sign variances. The City Council has the final authority on the project. A motion was made by Board Member Szabo, seconded by Board Member Hofherr, to recommend approval to City Council as presented with conditions as noted by Staff. AYES: Szabo, Hofherr, Catalano, Saletnik, Schell, Porada, Seegers, NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Attachment 4 Page 29 of 39 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 17 ADJOURNMENT A motion was made by Board Member Schell, seconded by Board Member Porada, to adjourn the meeting at 8:30 p.m. On a voice vote, the motion carried unanimously. Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners Attachment 4 Page 30 of 39 DES PLAINES ILLINOIS November 25, 2014 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 Subject: Zoning Board of Appeals, 130 E. Thacker Street, Case # 14-082-V RE: Request to authorize major variations for an accessory structure and Electronic Message Board (EMB) sign Honorable Mayor and Members of the Des Plaines City Council: The Zoning Board of Appeals met on November 25, 2014 to consider the above petition. The Zoning Board of Appeals submits the following: 1. Fire Chief Alan Wax, petitioner, presented the pertinent facts. 2. The Community and Economic Development Department recommended approval of the variations. 3. No members of the public spoke regarding the proposal. 4. The Zoning Board of Appeals recommended (7-0) that the City Council approve the variations for the accessory structure and recommended (7-0) that the City Council approve the variations for the Electronic Message Board sign. Respectfully submitted, Arnie Seegers Des Plaines Zoning Board of Appeals, Chairman cc: City Officials Aldermen Zoning Board of Appeals Commissioners Petitioners Recording Secretary File Attachment 5 Page 31 of 39 CITY OF DES PLAINES ORDINANCE Z - 2 - 15 AN ORDINANCE APPROVING MAJOR VARIATIONS FROM THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW THE EXPANSION OIF AN EXISTING ACCESSORY STRUCTURE AND TO ALLOW AN ELECTRONIC MESSAGE OA' 'D SIGN AT 130 E. THACKER STREET, DES PLAINES, ILLINOIS. (CASE #14- 082-V) I.. WHEREAS, the City of Des Plaines ("Petitioner") owns the property commonly known as 130 E. Thacker Street, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is located in the R-1 Single Family Residential Zoning District ("R-1 District"); and WHEREAS, the Subject Property is used by the City Fire Department and is improved with: (i) a fire station; (ii) three accessory structures, including a 672 square -foot garage ("Garage"); and (iii) a monument sign that is approximately six feet, three inches in height and that is located approximately 4 feet from the south property line and approximately 135 feet and 185 feet from the nearest residences, respectively ("Sign"); and WHEREAS, the Petitioner desires to: (i) expand the total area of the garage to 1,064 square feet; and (ii) install within the Sign an Electronic Message Board ("EMB") that would have a total area of 16 square feet and would comprise 35.5 percent of the total sign area of the Sign; and WHEREAS, the Petitioner submitted an application to the Community and Economic Development Department ("Department") for major variations from: (i) Section 8.1-3.D of the Des Plaines Zoning Ordinance of 1998, as amended ("Zoning Ordinance"), to allow three accessory structures on the Subject Property, where no more than two accessory structures are permitted; (ii) Section 8.1-3.0 of the Zoning Ordinance, to increase the total area of the Garage to 1,064 square feet, where a maximum total area of 720 square feet is permitted for any accessory structure; (iii) 11.5-2.0 of the Zoning Ordinance to allow the Sign to have a setback of four feet from the property line of the Subject Property, where a minimum setback of five feet from the property line is permitted; (iv) Section 11.6.B of the Zoning Ordinance to allow the height of the Sign to be six feet, three inches, where a maximum height of five feet is permitted for any monument sign on the Subject Property; and (v) Section 11.6.B of the Zoning Ordinance to permit the sign area of the EMB to comprise 35.5 percent of the total sign area of the Sign, where the sign area of the EMB may not exceed 30 percent of the total sign area of the Sign; and (vi) Section 11.6.B of the Zoning Ordinance to allow the EMB to be located 135 feet and 185 feet from residences within the R-1 District, where the EMB must be located a minimum distance of 250 feet from residences (collectively, the "Major Variations"); and 1 Page 32 of 39 WHEREAS, the Petitioner's application was referred by the Department, within 15 days after receipt thereof, to the Zoning Board of Appeals of the City of Des Plaines ("Zoning Board"); and WHEREAS, within 90 days from the date of Petitioner's application, a public hearing was held by the Zoning Board on November 25, 2014, pursuant to publication of notice in the Journal on November 7, 2014; and WHEREAS, notice of the public hearing was mailed to all property owners within 300 feet of the Subject Property; and WHEREAS, during the public hearing, the Zoning Board heard competent testimony and received evidence with respect to the Petitioner's application for the Major Variations. On November 25, 2014, the Zoning Board filed a written report with the City Council summarizing the testimony received by the Zoning Board and stating the Zoning Board's recommendation, by a vote of 7-0, to approve the Major Variations; and WHEREAS, the Petitioner made certain representations to the Zoning Board with respect to the requested Major Variations, which representations are hereby found by the City Council to be material and upon which the City Council relies in granting the Major Variations subject to certain terms and conditions; and WHEREAS, the City Council has studied the written report of the Zoning Board, the applicable standards set forth in the Zoning Ordinance, and the Staff Memorandum dated November 26, 2014, including its exhibits, which form part of the basis for this Ordinance; NOW THEREFORE BE IT RDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION L RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting part of the factual basis for this Ordinance granting the Major Variations. SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as follows: PARCEL 1: THAT PART OF LOT 4 IN CIRCUIT COURT COMMISSIONER'S PARTITION OF THE LANDS OF CHRIST MUELLER ESTATE 1N THE FRACTIONAL SOUTHWEST '' OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 1N THE SOUTH LINE OF LOT 4, 2 Page 33 of 39 658.03 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH ON A LINE PARALLEL TO THE WEST LINE OF SAID LOT 4, A DISTANCE OF 210.0 FEET; THENCE EAST ON A LINE PARALLEL TO THE SOUTH LINE OF SAID LOT 4, A DISTANCE OF 250.0 FEET; THENCE SOUTH, A DISTANCE OF 210.0 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE WEST 250.0 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF LOT 4 CIRCUIT COURT COMMISSIONER'S PARTITION OF THE LANDS OF THE CHRIST MOELLER ESTATE IN THE FRACTIONAL SOUTHWEST'/ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN (RECORDED DECEMBER 2, 1938 AS DOCUMENT # 12243930) DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTHWEST CORNER OF SAID LOT 4, SAID CORNER BEING THE INTERSECTION OF THE SOUTH LINE AND WEST LINE OF THE WEST %2 OF FRACTIONAL SOUTHWEST % OF SAID SECTION 18; THENCE 908.03 FEET EAST ALONG THE SOUTH LINE OF SAID LOT 4, THE SOUTH LINE OF SAID LOT 4 BEING THE SOUTH LINE OF THE WEST '/ AND THE EAST '/2 OF THE SOUTHWEST % OF SAID SECTION 18; THENCE 50.05 FEET NORTH ALONG A LINE PARALLEL TO THE WEST LINE OF SAID LOT 4 TO THE NORTH RIGHT OF WAY LINE OF THACKER STREET AND POINT OF BEGINNING; FROM THE POINT OF BEGINNING THENCE 159.95 FEET NORTH ALONG THE SAID LINE PARALLEL TO THE WEST LINE OF SAID LOT 4; THENCE 14.0 FEET EAST ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID LOT 4; THENCE 96.0 FEET SOUTHEAST TO THE POINT OF INTERSECTION WITH A LINE 87.00 FEET NORMALLY DISTANT WEST, SAID LINE BEING PARALLEL TO THE WEST LINE OF SAID LOT 4; THENCE 98.0 FEET SOUTH ALONG THE SAID LINE PARALLEL TO THE WEST LINE OF SAID LOT 4 TO THE NORTH RIGHT OF WAY LINE OF THACKER STREET; THENCE 87.0 FEET ALONG THE NORTH RIGHT OF WAY LINE OF THACKER STREET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PIN: 09-18-300-400-0000, 09-18-300-053-0000 Commonly known as 130 E. Thacker Street, Des Plaines, IL 60016 SECTION 3. MAJOR VARIATIIONS. The City Council finds that the Major Variations satisfy the standards set forth in Section 3.6-8 of the Zoning Ordinance and, pursuant to the City's home rule powers, finds that the Major Variations are otherwise necessary and appropriate. Subject to and contingent upon the conditions, restrictions, limitations and provisions 3 Page 34 of 39 set forth in Section 4 of this Ordinance, the City Council hereby grants the Major Variations for the Subject Property to the Petitioner. SECTION 4. CONDITIONS. The Major Variations granted in Section 3 of this Ordinance shall be, and are hereby, expressly subject to and contingent upon the following conditions, restrictions, limitations, and provisions: A. Compliance with Plans and Codes. The development, use, and maintenance of the Subject Property shall be in strict compliance with the following documents and plans, except for minor changes and site work approved by the Director of the Department in accordance with all applicable City codes, ordinances, and standards, including, without limitation: 1. That certain "Plat of Survey," consisting of one sheet, prepared by Accurate Survey Service, Inc., and dated February 28, 2014, a copy of which is attached hereto and made a part hereof as Exhibit A; and 2. That certain proposed sign diagram, consisting of one sheet, prepared by North Shore Signs, and dated June 7, 2013, a copy of which is attached hereto and made a part hereof as Exhibit B. B. Additional Conditions. The development, use, and maintenance of the Subject Property shall be subject to and contingent upon the following additional conditions: 1. The changeable copy on the EMB may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy on the EMB shall be specific to the business for which the EMB is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the EMB will be permitted. 4. Automatic Dimming. The EMB shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the EMB during ambient low -light and nighttime (dusk to dawn) conditions. The EMB shall not exceed five hundred (500) nits of intensity as measured at the EMB surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 4 Page 35 of 39 5. The EMB portion of the Sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. SECTION 5. EFFECT. This Ordinance authorizes the use and development of the Subject Property in accordance with the terms and conditions of this Ordinance and shall prevail against other ordinances of the City to the extent that any might conflict. The terms and conditions of this Ordinance shall be binding upon Petitioner, its grantees, assigns, and successors in interest to the Subject Property, including grantees and assigns of Petitioner. SECTION 6. LIMITATIONS. The Major Variations shall be valid for not more than 12 months prior to the issuance of a building permit and the commencement of construction in accordance with terms and conditions of this Ordinance. The Zoning Administrator may extend the Major Variations if the Petitioner requests an extension in accordance with Section 3.6-12 of the Zoning Ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law; provided, however, that this Ordinance shall not take effect unless and until a true and correct copy of this Ordinance is executed by the Owner of the Subject Property or such other party in interest consenting to and agreeing to be bound by the terms and conditions contained within this Ordinance. Such execution shall take place within sixty (60) days after the passage and approval of this Ordinance or within such extension of time as may be granted by the Corporate Authorities by motion and delivered directly to the City Clerk. SECTION 8. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. 5 Page 36 of 39 PASSED this day of , 2015. APPROVED this day of , 2015. VOTE: Ayes Nays Absent MAY=fit R ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: day of , 2015. CITY CLERK Peter M. Friedman, General Counsel I, , being the owner or other party in interest of the property, legally described within this Ordinance, having read a copy of the Ordinance, do hereby accept, concur and agree to develop and use the subject property in accordance with the terms of this Ordinance. Dated: (Signature) By its authorized representative DP -Ordinance Granting Major Variations 8.1-3 & 11.6-B EMB 130 E Thacker St Fire Station #3 #34296008_v2 6 Page 37 of 39 PARCEL 1: THAT PART OF LOT 4 IN CIRCUIT COURT COMMINSSIONERS PARTITION OF THE LANDS OF CHRI SOUTHWEST 1/4 OF SECTION 18. TOWNSHIP 41 NORTH, RANGE 12, EAST OF 1HE THIRD PRINCI DECRIBED AS FOLLOWS: BEGINNING AT A POINT 1N THE SOUTH LINE OF LO 1 4, 658.03 FEE1 THEREOF; THENCE NORTH 014 A LINE PARALLEL TO THE WEST LINE OF SAID 101 4, A DISTAL' A LINE PARALLEL TO THE SOUTH UNE OF SAID LOT 4. A DISTANCE OF 250.0 FEET; THENCE THE SOUTH LINE OF SAID LOT 4; THENCE WEST 250.0 FEET TO T1-18 POINT OF BEGINNING, IN PERMANENT INDEX NO.; 09-18-300-040 GRAPHIC SCALE EN FTxT ) 1 Inch . 20 R. NOTES: 1.) UNDERGROUND UTILITIES A5 SNOWY ARE FROM JULY 2001 SURVEY. THIS SURVEY IN FEBRUARY 2014 DID NOT UPDATE UNDERGROUND U1tI11ES DUE TO NO JULIE LOCATE AT TIME OF 20)4 SURVEY.. 24.) CROSS AREA OF PARCEL 1 = 52.405 SO. FT. - 1.203 ACRES 20,) AREA IN 1)1*866R/ OEMPSIER ST. $ WESTGATE RD. . 17.767 50. FT. = 0.408 ACRES 2o.) NET AREA OF PARCEL 1 - 34.638 SO. FT. = 0.795 ACRES 3.) AREA OF PARCEL 2 = 11.645 $0. FT. a 0.267ACRE5 4a.) GROSS AREA OF SURVEY= 64,050 SO. FT.. 1.470 AIRES 46.) NET AREA OF SURVEY= 46.253 50. FT. = 1.003 ACRES I(n M O to W. LINE OF Y:. 1/2 OF FRAC119NAL S.W. 1/4 OF SEC. 10-41-12. ALSO BEING W LINE OF SAID LOT 4 5.W. CORNER OF LOT 4 PROJECT NO.: 14-121 658.03' (REC.) 658.27 (MEAS.) ACCURATE SURVEY SERVICE 28WT23 INDUSTRIAL AVE. SUITE 4 BARRINGTON. IL. 60010 PHONE; (847) 381 - 8735 3 0 N d 0. 33' ft . W. 33. GARBAGE 25.0' PLAT OF SURVEY T MUELLER ES1AFL IN THE FRACTIEhNA1. 'AL MERIDIAN BOUNDED 8Y A LINE :AST OF THE SOUTHWEST CORNER CE OF 210.0 FEET; THENCE EAST ON SOUTH. A DISTANCE OF 210.0 FEET TO COOK COUNTY, ILLINOIS PARI OF PE HMAMENI IF@FX T40 ,'0 •Fe P# / 104 ///M-- r:90' 12 ta. V 41 C5 . 0 m 48.25 48:97' /4 huU �l��iw� Za?f'2' r)ITrrP)( 09-18-300-053 PARCEL 2: THAT PART OF LOT 4 IN CIRCUIT COURT COMMISSIONER'S PARTITION OF THE LANDS OF THE CHRIST MOELLER ESTATE IN THE FRACTIONAL SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH. RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN ( RECORDED DECEMBER 2, 1938 AS DOCUMENT R 12243930) DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTHWEST CORNER OF SAID LOT 4. 5A10 CORNER BEING THE INTERSECTION OF THE SOUTH UNE AND WEST LINE SAID OLOTTHE 4. T 1 5001H LINE OFFRACTIONAL LOTU4 BEING ST HE SOUTH LINE OF THE WEST THENCE4 OF SAID SECTION 18; /2 ANDOTHEFEET EASTA1/2T AOFNG THE SOUTH THE SOUTHWESTI E 0) I/4 OF SAID SECTION 18; THENCE 50.05 FEET NORTH ALONG A UNE PARALLEL TO THE WEST LINE OF SAID LOT 4 1'0 THE NORTH RIGHT OF WAY UNE OF TRACKER STREET AND POINT OF BEGINNING; FROM THE POINT OF BEGINNING THENCE 159.95 FEET NORTH ALONG THE SAID LINE PARALLEL TO THE WEST LINE OF SAID LOT 4; THENCE 14.0 FEET EAST ALONG A UNE PARALLEL TO THE SOUTH LINE OF SAID LOT 4; THENCE SAID LINE BEING PARAL EL960 THETWEST SOULS T INEOFSAID LOT 4;T TO THE OINTERSECTION THENCE98.0FEETT SOUTH ALONG THESAID NORMALLY E PARALLELDISTANT 10 THE WEST LINE OF 51.40 LOT 4 TO TH8 NORTH RIGHT OF WAY UNE OF THACKER STREET; THENCE 87.0 FEET ALONG THE NORTH RIGHT OF WAY UNE OF THACKER STREET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS PART OF PERMANENT INDEX NO.: 09-18-300-053 230.73'10.4,s 4 N Fye 1 12 PIRIG 25' BLDG/SET/BAC' UNE PART OF PERMANENT INDEX NO.: 09-18-300-05.5 -Dc pURAFT PIY .• • . -<4- -----❑ ..r•.. 1R50t 5 TRAfNIINC :TOWER 5n 00' BRICK MUSEU1.I • SPLIT 0404 4100 6)4414 2 V SET 44014 PIP0 .4 t : I G • • `4-1--- •••• y1--- 0u 1 • • II-ACK,ERLDEZ iPSTER 908.05' 540•0D'00' L S. LIF:L :1 '3 I/2 0! FRAC110NAL S.1S 14.1 OF SEC 16-41-13. 6)10 001112. S :415 OF SAIF' LOT 4 12 50' 1 STORY• r 4x46' PARCEL 1: / 6 W N V• N; U 1.j+J.ryJ a 13 2, C fi,:. 1 STORY 'BRICK FIRE STATION w ol•05 a ' 2 ;ArnDES PLANES -Ilk STA. #.3 z .= N„, P,ARCEL 300 E THACKER/10EMPSTER'ST.• 4i I L I 3 3rso' , •, 200', I00'_� "1' 104V • 2525 gLDC SET BACY'11•11 • M "D'°" 47' 303.73' ;/E • • ,250.0' REC •• • • 24$ 78' t.EA,S. • 1- .102' N ' I2o.ao r' n e, tend -� .. ^ _ ras m ROH • 20.59•/ 2: L 87.00' 590'00'00-W ,. -4 a 46.22' 1' SET 16801 PIPE O SE CORNEA PARCEL 2-, E• • LEGEND: 171 1771 CONCRETE PAVT = BITUMINOUS PAV1 = SIGN - tie - UNDERGROUND ELECTRIC - VI - - UNDERGROUND TELEPHOII4 _ 9 - = GAS LINE ,y UTLITY POLES 0 e SANITARY CLEANOUT [>1 - WATER VALVE VAU_: Y,b - FIRE HYDRANT - Y/ 4S 4C - >7 0 WATER VALVE I. NATER MAIN . STORM 581YFR CATCH HAS -1. = STORM SEWER LIANHOLE = STORM SEWER - SA141TARY 5Elll:H = SANITARY SEWER MANHOLE = LIGHT - FLAG Poi/ STATE OF 110140)5) COUNTY OF LAKE) 1.0"..-tkEi`5, 1, 19LLIAIA C 00841-20 11. OO HEREBY CERTIFY U4Al 1 HAVE 51861(80 .d'45 ��t@E 1.601E DESCRIBED PROPERTY AND THAT THE PLAT HEREON DRANK) 5* WILLIAMC` It A CORRECT REPRESENTATION OF SAID SURVEY D01.i\DIl *:DATED AT BARRINGTON, 6.8114019 THIS 2390 082 OF JUT:' 200) '6'f 6as.6n¢T92 A i RESURVEYED FE561)80Y 26. 2014 %.;yPo 54 ILL. L.S p 27.2 Exhibit A Page 38 of 39 EO W a x� 0 U-, x H cc w co 2 w O ▪ d RI C4 g2 x co X ¢ [n OW _®® CIL cn a- VJ 22� �c~.Yw '� V s ELT ) - a U p¢ j N xxi < 2 0 Q u LL 4W? w. -g W 4' - I. - ...., y > z x � ,yy K J n G 0 e, w l n U x R1 m cno-= LI FF, P C- 6 0 c�zdo yah 2 h� zy as 20 - CC Z 0-1 en .0=z 0aom (xi] 2¢ 6 6 U he ir W ¢ 0 a ¢NQ O F O W p W C w2 ujj J I_ OLL 2 x 260 p' ->2y¢ dace¢ 2w thW IS1 LU N W W ..J 2 W ? o W p O �'7 Cji Cr e- ¢¢C7Q 2N Kj.- 2 Q qr P Ya` - .9-.D .6, 0 Exhibit B Page 39 of 39 CITY OF Nt-Iti 35I..; DES PLAINES ILLINOIS Committee of the Whole Agenda Item # 2c City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 MEMORANDUM Date: November 26, 2014 To: Michael G. Bartholomew, MCP, LEED AP, City Manager George Sakas, AICP, Director of Community and Economic Development From: Scott Mangum, AICP, Senior Planner )1 44 Subject: Consideration of a Variance Request, 405 S. Des Plaines River Road (Case #14-083-V) Issue: The petitioner is requesting a major variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% where the maximum percentage of an electronic message board component allowed is 30 -percent in the C-3 Zoning District. Analysis: Address: PIN: Existing Zoning: Petitioner: Owner(s): 405 S. Des Plaines River Road 09-16-300-106-0000 C-3, General Commercial Zoning District City of Des Plaines Fire Department, 405 Plaines, IL 60016 City of Des Plaines Fire Department, 405 Plaines, IL 60016 S. Des Plaines River Road, Des S. Des Plaines River Road, Des In reviewing this variation request, staff has considered the following information: The approximately 38,290 square foot lot has approximately 155 -feet of frontage on the east side of Des Plaines River Road. A one-story brick Fire Station and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to replace the manual reader board component of the sign with an Electronic Message Board component. The existing monument sign is located toward the middle of the site along Des Plaines River Road. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board Page 1 of 33 (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Recommendations: At its November 25, 2014 meeting the Zoning Board of Appeals recommended (7-0) that the City Council approve the Major Variation for the size of the Electronic Message Board sign, subject to conditions of approval as recommended by me. I recommend approval of the requested sign variation based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variation would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the City Council has the authority to approve, approve subject to conditions, or disapprove the above-mentioned variance for an Electronic Message Board sign in the R-1 zoning district. It is requested that this item be placed on the Committee of the Whole agenda at the January 5, 2014 City Council meeting. Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Petitioner's Variance Application Location Map Site and Context Photos Draft Minutes of the November 25, 2014 Zoning Board of Appeals Hearing Letter from Zoning Board of Appeals to the Mayor Exhibits: Ordinance authorizing a variation for an Electronic Message Board sign at 405 S. Des Plaines River Road. Exhibit A: Plat of Survey prepared by George Harker and Associates, and dated July 7, 2014. Exhibit B: Proposed sign diagram prepared by North Shore Sign, and dated June 7, 2013. Page 2 of 33 ZONING VARIATION APPLICATION DO NOT WRITE IN THIS AREA - FOR OFFICE USE ONLY N -Dg -v DATE FILED a+ta, r P,1(-1 CASE NUMBER: TYPE OF VARIATION: Minor 0 Standard 0 Major Sign ❑ License Agreement ❑ License Agreement for: Lawn Sprinkler ❑ Mailbox ❑ Special Paving ❑ Fee Paid/Receipt Number: NAV. Amount: 11, Ottt Date: 11)11 _1 (i. L1 Legal Notice Publication Date:ti` g, /7 I'la published in the: Journal Topics Scheduled hearing date: Jb V14 7y,c, Zol at 7:30 P.M. in Room 102, City Hall Action by Zoning Administrator/Zoning Board of APPeats/CitYCouncil: A Variation to Section(s) ' of the City of Des Plaines Zoning Ordinance (adopted 1998), is requested in conformity with the powers vested in the Zoning Administrator/Zoning Board of Appeals/City Council, to permit the Variation on the property legally described as: (See legal description on Plat of Survey supplied by applicant) and commonly known as: 4-Y0 Sr 5 Rik is Q %i>- , Des Plaines, Cook County, Illinois. (Subject property address) Variation being requested: eu.t/✓e,e, e"..1/S i»j /Wpivziti sS �� & S .0 7-0 y.F.c %fee 41IC - NlE=S Si9GE .t3p�¢.:Lt7 �.t�oi'r Q g E!sr /,t'4 Tr`✓1 771/4/0 3e. 0 €,C �G%Ti4t j/4,4). Rea,,e1;r /7.4"e/ //wee ?v /S /(c (24 "x (16") Signature --;1627 r/ Fax: D •/�• /- . &ot'/6 •3'-5 `4/L',, 41f5-5/Me go/ /) /NS c .ti Applicant(s) Name: bt-S ,4'""Ej 6-t Telephone: 8y7 .3g/T 5-3 3.5 - Mailing Address: "--it"-C-1 • %2'V .'' g6 i3 /c c/a/s t'✓t, rN J' Property Owner(s) Name: G>>/y C/ 2 . Ainies Signature Telephone: Fax: Mailing Address: Is the Contact Person the: Applicantor Owner ❑ -3- Attachment 1 Page 3 of 33 Address of Property: `f G S— S . v 61 /2/) . Property Tax Number: C� r f - /,6 - .3 00 - / U 6 (Frons tax bill or township assessor's office) Applicant's interest in the property: ole owner ❑ lessee ❑ contract purchaser ❑ other (explain): Present Zoning Classification of Property: L Des Plaines, IL. 600 / Current Use of Property: gt JT,4 C'r» 6/ Proposed Use of Property: FT/2 -s / T%C°N TRUST INFORMATION' Name(s) of Trust Beneficiary (ies)* Address (es) of Trust Beneficiary (ies)* * All applications involving property held by a land trust must be signed by the trust officer of the institution holding the trust as the owner of the property. Additionally, the trust beneficiary and his/her current address must be disclosed on this form. The application must also be accompanied by the following: • A certified copy of the trust agreement. • A letter from the trustee certifying that the beneficiary as shown on this application is correct and disclosing any beneficiary changes or lack thereof during the 12 months preceding the filing of this application. Attachment 1 IF YOU ARE FILING A LICENSE AGREEMENT, PLEASE PROCEED TO PAGE6. 4 - Page 4 of 33 REASONS FOR VARIATION REQUEST Before answering the following questions, read the Notice to Applicants below. Notice to Applicants A Variation is a zoning adjustment, which permits changes of certain zoning requirements where individual properties are unduly burdened by the strict application of the zoning standards. The power to vary is restricted and the degree of variation is limited to the minimum change necessary to overcome hardship of the property. A Variation recognizes that the same zoning district requirements do not affect all properties equally; the intention of it is to allow changes to properties where the re is a hardship to enjoy equal opportunities with similarly zoned properties. You must prove in making your case that special circumstances or unusual conditions affect your property. These must result in uncommon hardship and unequal treatment under the strict application of the Zoning Ordinance. Where hardship conditions extend to other properties, a variation cannot be granted. You must prove that the combination of the Zoning Ordinance and the uncommon conditions of your property prevents you from making any reasonable use of your land as permitted under the current zoning district. No variation may be granted which would adversely affect surrounding property or the general neighborhood. All variations must be in harmony with the intent and purpose of the Zoning Ordinance. In order for the Zoning Administrator, staff and Zoning Board of Appeals to understand your reasons for requesting a variation(s) please answer the following questions completely. 1. What would you describe as the hardship(s) that prevent you from being able to carry out the strict letter of the provisions of the Zoning Ordinance? (Explain in Detail) 771/-5 /S f_)�eis7%Nor S./Cr ' 7W47 '-c'C "` Fac is,..., -,--&,,,,e 8 /511e 6 70 /N64 -✓.0 E /tW EvFc: Tjcv; ✓, c /Pit %Sig e /Sorb -1h. ,q 4 1. ' ,✓ Mot in' r/a'e 44.,:d r ter' C 4..)./6 /4/2e.//•U .91 .4 Lr. ,. r) .tet 0 vi= et?it40L)/ (,JC.U' oIvo; 8 e' c o -s 'r —c. T./ VC"'' ' t/q`' /R'UC� 'et' 2ae5 r %ti 6)(c- - 'j 3c�9 TTP2-4,-Cie.-, /t/2 ,Fri t L.,/Tlii-rCTiai a�/C , 7-t1.5 /5 'DL%r fi4C "% 1,1E A2 e 1JS.A'c� IC: x15.7-/n4"e4ebt-/ 7- 4.v/,- /,vs•f.LT-/Ail 2it'') it, /1 8c'fl/Z-3. rHhS tL/c04--6 01/i -Kt P, 3S64 U/r°T 2. How do the site conditions prevent the reasonable use of your land under the terms of the Zoning Ordinance? (Explain in Detail) 7//r F/ 4/:9.2.¢7 Z,Qif e-/ _,..-t; c, troAS5f5 4s;- ‘,F Tfit, �/1cyL/i ¢IE.vA7r/v,✓. A,✓y CH 41i4f;5 T .t:G.s;/ .r_dta4fic>./ z_opv4o a-fe✓./-'e: 134 VO/f/Citi/' J Tv ea-ecTie/ C, metJa;7,U,,/ +6N0 Z. AA, SC.4/7E _ 771E S'7AT/O,c/ ,S rt rye ,4 g ‘',4 /)2,.,.td f rc /- 4 ,e,) , f?,v y S /!,c/ 4404,,,,a1"."7" M Aa'f /w rete F/2 c. /1,'/7W ,'tuc,s.. y/-'E✓F,vrto) A4er..4S✓iZ. S e/`Sc`t-9 7-4.' -5-fi-- "C...4/eK 77/E f./;E .ST4T7OA/ „ 3. To the best of your knowledge, can you affirm that the physical condition of your property was not created by an action of anyone having property interests in the land after the Zoning Ordinance of 1998 was adopted, or as the result of other governmental action, or was created by natural forces: Yes No ❑ If no, please explain in detail: -5 Attachment 1 Page 5 of 33 4. How would the denial of the variation deprive you from rights enjoyed by other persons subject to the same provisions? (Explain in Detail) 77/6. Sion, P -, //ofs /4.'6 ,c 7 A/ 2, .g4); L'o »-' 444'6 ,4 44.4/1Jc'gc 6,e ' 6zi/7W U '/y ewe iiete45's4E iS4e44-ye . 71-14.5 2444": /7,edv' De: ,4- M?d/Ze E,,.5c �E#✓T /Ile/Mr-5 U /G'as; 4UC/`i 2Fze Gt//i7/ /9A/ //14P/'414/E0 D/.-`[.�� 63",eE,47-,e 64,42 cJ,e ' ,v2 ,4 - G',rjc e✓E,</rf .22 /,:/F',e/1147 ex/ 5. Is the requested variation the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of the Zoning Ordinance? (Explain in Detail) `ie5s 100 0771.2 MEASu2 5 /tre (3/a. 6, Will the granting of the variation be in harmony with the neighborhood and the provisions of the Zoning Ordinance from which it is being sought? (Explain in Detail) Lies. 77* Dep/9A T/t?¢• #7 I 'o i i ecn4PL y [.vi 76i ALL v 7Afe`'re_ /2�Ct v�/?��1�.►/TS , /nJCL'D//i7 b/,:4404/ if :.4,v,4itr3 I hereby certify that all of the above statements and those contained in any papers or plans submitted herewith are true to the best of my knowledge and belief. Furthermore, 1 consent to the entry in or upon the premises described in the application, by any authorized official of the City of Des Plaines, for the purpose of posting, maintaining, and removing public hearing notices as may be required, as well as conducting site analysis. 7 /ccnz/s14)0 (Signature of Applicant or Authorized Agent) (Date) Gc.ip4g,2 2-3,2cgz (Signature of Owner) (Date) -6- Attachment 1 Page 6 of 33 ttachment 2, Location Map - 405 S. Des P ares Rover Rd Prepared by Community and Economic Development Department: SM, November 20, 2014 Attachment 2 Page 7 of 33 ttachm • 05 S. Des Plaines River R • • • Attachment 3 Page 8 of 33 15 . Des Plaines Riv t • • ,. 05 . Des Plaines Riv • , •_ Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 1 DES PLAINES ILLINOIS DES PLAINES ZONING BOARD MEETING NOVEMBER 25, 2014 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Monday, November 25, 2014, at 7:30 p.m. in Room 101 of the Des Plaines Civic Center. ZONING BOARD PRESENT: Seegers, Szabo, Catalano, Saletnik, Hofherr, Schell, Porada ALSO PRESENT: Scott Mangum, Senior Planner, Department of Community & Economic Development Gale Cerabona, Recording Secretary Chairman Seegers called the meeting to order at 7:34 p.m. & read this evening's cases. APPROVAL OF MINUTES: A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to approve the meeting minutes of October 14, 2014, as presented. AYES: Saletnik, Hofherr, Schell, Porada, Seegers NAYES: None ABSTAIN: Catalano, Szabo ***MOTION CARRIED 5-2*** A motion was made by Board Member Catalano, seconded by Board Member Schell, to approve the meeting minutes of November 12, 2014, as presented. AYES: Catalano, Schell, Porada, Seegers NAYES: None ABSTAIN: Szabo, Saletnik, Hofherr ***MOTION CARRIED 4-3*** Attachment 4 Page 9 of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 2 NEW BUSINESS 1. Address: 710 S. Second Avenue Case Number: 14-050-V Petitioner is requesting a Variation to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to legalize the construction of an accessory structure (barbeque grill enclosure) with a setback of approximately zero feet from the west property line where the minimum - required setback for an accessory structure is 5 -feet in the R-1 Zoning District. PIN: 09-17-320-025-0000 Petitioner: Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Owner: Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Chairman Seegers noted that Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 was duly sworn in at the last Zoning Board of Appeals Meeting on November 12, 2014. Mr. Bertolini advised he added the grill enclosure & went through the process. Chairman Seegers asked: • if it is masonry. Mr. Bertolini advised — yes • if the grill is on the west side of the house. Mr. Bertolini advised — yes • if the grill is in the rear portion in the side yard. Mr. Bertolini advised — yes • if neighbors have any objections. Mr. Bertolini advised — no, and stated there are two acknowledgement letters received from neighbors Board Member Hofherr asked: • if there was a hearing regarding the code enforcement violation. Mr. Bertolini advised — he wasn't aware there was a hearing • if there is a 0 setback. Mr. Bertolini advised — it's actually 6 inches Board Member Porada asked: • how high the barbeque grill is off of the ground. Mr. Bertolini advised — approximately 4 ft. Mr. Ken Bertolini, 1310 W. Haven Drive, Arlington Heights, Illinois, came forward and was sworn in by Chairman Seegers. Board Member Porada continued, asking: • if a permit was obtained in 2012. Mr. K. Bertolini advised — yes; the driveway and patio work was completed shortly after moving in • when the barbeque pit was added. Mr. K. Bertolini advised — at the same time of move -in • if the barbeque pit was built when you moved in? Mr. A. Bertolini advised — yes • if the barbeque pit was included on the sketch/drawings? Mr. K. Bertolini advised — no, it was after - the -fact Attachment 4 Page 10 of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 3 Chairman Seegers asked if the Board has any questions. There were none. Chairman Seegers asked Staff to provide the summary report. Issue: The petitioner is requesting a Variation to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to legalize the construction of an accessory structure (barbeque grill enclosure) with a setback of approximately zero feet from the west property line where the minimum required setback for an accessory structure is 5 -feet in the R-1 Zoning District. Analysis: Address: 710 S. Second Avenue PIN: 09-17-320-025-0000 Existing Zoning: R-1, Single -Family Residential Petitioner: Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Owner(s): Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 51 -foot by 141 -foot (approximately 7,220 square foot) lot at 710 S. Second Avenue is a legal nonconforming lot as the minimum lot width is 65 -feet and minimum lot area is 8,125 square feet for a corner lot in the R-1 Zoning District. A one and a half -story brick single-family residence with a driveway and attached one -car garage currently exists on site. Without a permit the applicant installed a 3 -foot by 6 and a half -foot brick enclosure for a barbeque grill and was cited by code enforcement personnel in September of 2013. A permit was obtained in 2012 for a driveway replacement and rear patio addition. The barbeque grill enclosure is located along the west property line. The applicant wishes to keep the grill enclosure in its present location to maximize the use of the yard and property. This request, a setback variation of greater than 30%, is a standard variation and shall be considered by the Zoning Board of Appeals. Recommendation: Staff recommends approval of the above -requested variation for the location of an accessory structure based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. While there appear to be other locations where the enclosure could be located to the south or east of the patio that would not encroach upon required setbacks, the lot is legal nonconforming with regards to width and size, and the enclosure is smaller in bulk and scale than the typical accessory structure. Zoning Board of Appeals Procedure: Under Section 3.6-6 of the Zoning Ordinance (Standard Variations) the Zoning Board of Appeals has the authority to approve, approve subject to conditions, or deny the above-mentioned setback variance in the R- 1 zoning district. Attachment 4 Page 11 of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 4 Chairman Seegers asked if the Board has any questions. Board Member Catalano asked if the grill is gas or charcoal. Mr. Bertolini advised — it's a propane tank: not an open pit; just a surround. Board Member Saletnik asked/stated: • it appears to be 3 ft. high • seems like a fence/enclosure to hide the grill; is aesthetically -pleasing Chairman Seegers asked if anyone in the audience objects or is in favor. No one responded. Board Member Szabo stated if it was a Weber grill, it would be no problem; being a propane grill, he affirmed he is in favor of this. A motion was made by Board Member Szabo, seconded by Board Member Catalano, to grant the variation. Board Member Porada thanked/stated: • Petitioner for returning • he typically doesn't approve after -the -fact variations • as Petitioner obtained a permit (for the earlier work), he believes he is aware there is a process • without a concrete slab this can be easily removed if needed AYES: Szabo, Catalano Saletnik, Hofherr, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 2. Address: 683 Wolf Road Case Number: 14 -081 -CU Petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Massage Establishment in the C-3 District. PIN: 09-07-226-025-0000 Petitioner: Zhe Liu, 8228 N. Octavia, Niles, IL 60714 Owner: Michael Rayyan, 9800 Lauren Lane, Niles, IL 60714, and Ray Rayyan, 2215 Sanders Road #350, Northbrook, IL 60062 Chairman Seegers swore in Petitioners Zhe Liu, 8228 N. Octavia, Niles, IL 60714 & Nicholas J. Ftikas, Attorney at Law, Law Office of Samuel V.P. Banks, 221 N. LaSalle Street, 38th floor, Chicago, IL 60601 who is assisting attorney Paul Kolpak. Attachment 4 Page 12 of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 5 Mr. Ftikas advised the Applicant is currently operating with a reflexology license. Her establishment currently has 3 employees and is open from 10 a.m.-9 p.m. He stated the license does not allow for other body areas to be touched as well as no disrobing. The Applicant is applying for a Conditional Use Permit to expand to body massage services. Chairman Seegers asked what the hours are. Mr. Ftikas advised —10 a.m.-9 p.m. except Saturdays Chairman Seegers asked if the Board has any questions. Board Member Porada asked: • if Petitioner is operating with a reflexology license. Mr. Ftikas advised — yes, a business license with reflexology • if Petitioner was cited when she was asked to provide body massages. Mr. Ftikas advised — yes • if this is Petitioner's first establishment. Ms. Liu advised — she has been in business for 14 years and has many locations (Bloomingdale, West Dundee, Niles, Glenview, etc.); this is the newest business. • if the (owners') names listed are the therapists. Ms. Liu advised — yes • if Ms. Liu is a massage therapist. Ms. Liu advised — sometimes • if Ms. Liu has had 4 businesses for years. Ms. Liu advised — yes, for 12-14 years • if Ms. Liu has been cited in any other locations. Ms. Liu advised -- never Chairman Seegers asked Staff to summarize the report. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Massage Establishment in the C-3 District. Analysis: Proposed Use Massage Establishment Petitioner Zhe Liu, 8228 N. Octavia, Niles, IL 60714 Owner Michael Rayyan, 9800 Lauren Lane, Niles, IL 60714, and Ray Rayyan, 2215 Sanders Road #350, Northbrook, IL 60062 PIN 09-07-226-025-0000 Plan of Operation Approximately 3 employees would work at the location with proposed hours of operation from 10:OOam to 9:OOpm. Existing Use Multi -tenant retail center Surrounding Land Use North: Commercial East: Single -Family Residential South: Single -Family Residential Attachment 4 Page 13 of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 6 Existing Zoning Surrounding Zoning Street Classification Comprehensive Plan West: Commercial C-3, General Commercial North: C-3, General Commercial East: R-1, Single Family Residential South: R-1, Single Family Residential West: C-3, General Commercial Wolf and Central Roads are identified as collector roads according to the City's Comprehensive Plan. The Comprehensive Plan recommends a Community Commercial use in this area. The applicant, Zhe Liu of Jia Foot Spa, has requested a Conditional Use Permit to operate a Massage Establishment at 683 N. Wolf Road in the C-3 Zoning District. The 2.2 acre lot has approximately 180 feet of frontage on Central Road and 395 feet of frontage on Wolf Road. The petitioner currently occupies an approximately 2,000 square -foot tenant space within a one-story shopping center. The existing business is licensed authorizes the reflexology, which does not require a conditional use permit. The State of Illinois Massage Licensing Act exempts practitioners of other forms of bodywork who restrict manipulation of soft tissue to the feet, hands, and ears, and who do not have the client disrobe, such as reflexology. The business has been cited for also offering body massage services, which does require a conditional use permit and is subject to the State Licensing Act. The floor plan indicates that the tenant space would be organized with most of the areas containing a number of foot massage sofas, but also three rooms with tables for body massage. Additional space includes restroom and storage facilities. The proposed plan of operation includes hours of operation between 10:OOam and 9:OOpm and a staff of three massage therapists. The applicant requested a waiver of the traffic study which has been granted due to the limited amount of traffic anticipated. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Massage Establishment is a Conditional Use in the C-3, General Commercial Zoning District, as specified in Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends Community Commercial use for this site. A Massage Establishment is a Conditional Use in the C-3 Zoning District. Attachment 4 Page 14 of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 7 C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Massage Establishment use would be located within an existing structure. No exterior alterations are proposed to the structure. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Massage Establishment use are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed Massage Establishment use is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network according to the information provided. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize an existing curb cuts on Central and Wolf Roads for access. Based on information provided, staff does not find any evidence for potential interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Attachment 4 Page 15 of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 8 Comment: No significant exterior building alterations are proposed. The proposed plan would not add impervious surface, nor cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: As proposed, the Massage Establishment use appears to conform to all other zoning regulations. The Des Plaines City Code, Title 4, Chapter 13 establishes additional regulations pertaining to Massage Establishments and requires approval of the City Manager including review by the City Sanitarian and the Police Department. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit modification request for the operation of a Massage Establishment, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to conditions of approval: 1. The only individuals authorized to operate at the location would be Zhe Liu, Yan Li, and Ying Wang pending business license approval, including a review by the Chief of Police. Any additional person would require approval of the Chief of Police. 2. Hours of operation shall be limited to 10:00 a.m. to 9:00 p.m. 3. The use shall comply with, and remain in compliance with, Title 4, Chapter 13 (Massage Establishments) of the City of Des Plaines Municipal Code. Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for the operation of a Massage Establishment use in the C-3 zoning district. The City Council has the final authority on the project. Chairman Seegers asked if the Board has any questions. Board Member Catalano asked, regarding Condition 1, what is intended? Mr. Mangum advised — this is intended for the persons that would be administering body massage. Board Member Hofherr asked: • if Ms Liu spends her time at this or other locations. Ms. Liu advised — all locations • if there will be only 2 employees there. Ms. Liu advised — yes, when I am not there Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. Attachment 4 Page 16 of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 9 A motion was made by Board Member Saletnik, seconded and amended by Board Member Catalano that Condition 1 be altered from "individuals" to read "massage therapists", to recommend approval to City Council and grant the Conditional Use Permit. AYES: Saletnik, Catalano, Szabo, Hofherr, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 3. Address: 130 E. Thacker Street Case Number: 14-082-V Petitioner is requesting a major variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the expansion of an existing third accessory structure (garage) to create an approximately 1,064 square foot garage, instead of not greater than 720 square feet; and major variations to Section 11.6.B to allow a 6 -foot tall monument sign with an approximately 4 -foot setback and including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum height allowed is 5 -feet, minimum required setback allowed is 4 -feet, and maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. PIN: 09-18-300-040-0000 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chairman Seegers swore in Petitioner Fire Chief Alan Wax, 405 S. Des Plaines River Road, Des Plaines, IL 60016. Fire Chief Wax advised there is currently a utility garage on-site that is full. Other vehicles (fuel -truck trailer, pick-up truck) are stored outside. He stated they wish to place these vehicles indoors. He advised a grant was received to expand the garage. Chairman Seegers asked: • if this extends to the west. Chief advised — yes • if it is masonry. Chief advised — it is similar to the current frame construction • if the structure to the north is a school. Chief advised — yes • if the setback is 5 ft. Chief advised — 8 ft. Mr. Mangum advised this would expand a third accessory structure. Attachment 4 Page 17 of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 10 Chief advised for all 3 fire stations, per the budget, the current (dated) message boards will be upgraded to electronic boards; will be modernized; offer flexibility. Board Member Szabo asked if all signs are the same for all 3 fire stations. Chief advised — yes, generally. Chairman Seegers asked if electronic boards would include identification and address. Chief advised — yes. Board Member Hofherr asked if the garage will be sufficient. Chief advised — the current garage would still be used. Board Member Szabo asked if the garage is being made wider. Chief advised — we are extending to the west and making the overhead door taller. He noted a couple of parking spaces will be lost. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend approval of variations to City Council for the garage addition at 130 E. Thacker Street. Chairman Seegers asked Staff to provide the summary report. Issue: The petitioner is requesting major variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the expansion of an existing third accessory structure (garage) to create an approximately 1,064 square foot garage, instead of not greater than 720 square feet; and major variations to Section 11.6.B to allow a 6 -foot tall monument sign with an approximately 4 -foot setback and including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum height allowed is 5 -feet, minimum required setback allowed is 5 -feet, and maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. Analysis: Address: 130 E. Thacker Street PIN: 09-18-300-040-0000 Existing Zoning: R-1, Single Family Residential Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 1.1 -acre lot has 304 -feet of frontage on the north side of Thacker Street, as well as 159 - feet of frontage on Westgate Road and approximately 202 -feet of frontage on Robert Coombs Court. A one- story brick Fire Station, detached frame garage, five -story brick training tower, one-story brick museum, and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to expand the existing garage and to replace the manual reader board component of the sign with an Electronic Message Board component. Attachment 4 Page RS of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 11 The existing 672 square foot (30 -feet, one -inch by 22 -feet, four -inch) garage is located behind the Fire Station, approximately 8 -feet from the north property line. The petitioner wishes to expand the accessory structure to approximately 1,064 square feet by extending the building 28 feet to the west to accommodate storage needs for larger equipment. Major variations are requested to expand this third accessory structure, where a maximum of two are allowed, to a size greater than 720 square feet. The existing monument sign is located toward the center of the Thacker Street frontage, approximately 4 - feet from the south property line along Thacker Street. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. Additional major variations requested would allow the approximately 6 -foot tall EMB monument sign to be located approximately 135 -feet from the nearest residence, a single-family residence at 142 E. Thacker Street, where a minimum distance of 250 -feet is required from a residence in the R-1, R-2, and R-3 zoning districts. The EMB sign would also be located approximately 185 -feet from the nearest single family residence to the east at 798 S. Westgate Road. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Recommendation: Staff recommends approval of the requested accessory structure and sign variations based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variations would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 5. The Electronic Message Board portion of the sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. Conditions of approval, including hours of operation are intended to limit the impact of the EMB sign on surrounding properties. Additionally, while the property is located within the R-1, Single Family Residential Attachment 4 Page 19 of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 12 District, a Fire Station operates differently than a typical residence and has a greater need for accessory structures. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the accessory structure and sign variances. The City Council has the final authority on the project. Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. AYES: Hofherr, Catalano, Szabo, Saletnik, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to recommend approval to City Council for sign variations as proposed with conditions as mentioned by Staff. Board Member Szabo asked if there has been input from any of the neighbors. Chief advised — there was a call from McDonald's staff (River Road location). Mr. Mangum advised — he hasn't heard any additional feedback. Board Member Porada asked/stated: • if text may include information about checking batteries, etc. Chief advised — yes, safety issues and notification of events. He advised other departments, etc. may utilize electronic boards also. • if these will be like the municipal board at River and Miner. Chief advised — not to that extent. • if other organizations who may supply messaging would be screened by Chief Wax. Chief Wax advised — yes • if Petitioner is aware of the conditions. Chief Wax advised — yes • if the cabinet would remain the same. Chief Wax advised — yes • it's helpful for the Fire Department to set the appropriate example. Chief Wax responded — we will take the conditions seriously AYES: Saletnik, Hofherr, Szabo, Catalano, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 4. Address: 405 S. Des Plaines River Road Case Number: 14-083-V Petitioner is requesting a major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% where the maximum percentage of an electronic message board component allowed is 30 -percent in the C-3 Zoning District. Attachment 4 Page 20 of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 13 PIN: 09-16-300-106-0000 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chief Wax advised that the goals, intentions, and conditions are the same as the previous petition. Chairman Seegers noted the particulars; Mr. Mangumclarified same. Chairman Seegers asked Staff to summarize the report. Issue: The petitioner is requesting a major variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% where the maximum percentage of an electronic message board component allowed is 30 -percent in the C-3 Zoning District. Analysis: Address: 405 S. Des Plaines River Road PIN: 09-16-300-106-0000 Existing Zoning: C-3, General Commercial Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 38,290 square foot lot has approximately 155 -feet of frontage on the east side of Des Plaines River Road. A one-story brick Fire Station and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to replace the manual reader board component of the sign with an Electronic Message Board component. The existing monument sign is located toward the middle of the site along Des Plaines River Road. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Attachment 4 Page 21 of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 14 Recommendation: Staff recommends approval of the requested sign variation based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variation would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the sign variance. The City Council has the final authority on the project. Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend approval to City Council with conditions as noted by Staff. AYES: Hofherr, Catalano, Szabo, Saletnik, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 5. Address: 1313 E. Oakton Street Case Number: 14-084-V Petitioner is requesting a major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. PIN: 09-29-202-015-0000 Attachment 4 Page 22 of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 15 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chief Wax advised this fire station is the closest distance to the neighbors. He stated the goals, intentions, etc. are the same as the above petitions. Chairman Seegers asked Staff to summarize the report. Issue: The petitioner is requesting major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. Analysis: Address: 1313 E. Oakton Street PIN: 09-29-202-015-0000 Existing Zoning: R-1, Single Family Residential Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 11,601 square foot lot has approximately 93 -feet of frontage on the south side of Oakton Street and approximately 125 -feet of frontage on Ash Street. A one-story brick Fire Station and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to replace the manual reader board component of the sign with an Electronic Message Board component. The existing monument sign is located toward the northwest corner of the site. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. Attachment 4 Page 23 of 33 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 16 An additional major variation requested would allow the EMB monument sign to be located approximately 85 -feet from the nearest residence, a single-family residence at 1319 E. Oakton Street, where a minimum distance of 250 -feet is required from a residence in the R-1, R-2, and R-3 zoning districts. The EMB sign would also be located approximately 90 -feet from the nearest single family residence to the west at 1616 Ash Street. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Recommendation: Staff recommends approval of the requested sign variations based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variations would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 5. The Electronic Message Board portion of the sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. Conditions of approval, including hours of operation are intended to limit the impact on surrounding properties. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the sign variances. The City Council has the final authority on the project. A motion was made by Board Member Szabo, seconded by Board Member Hofherr, to recommend approval to City Council as presented with conditions as noted by Staff. AYES: Szabo, Hofherr, Catalano, Saletnik, Schell, Porada, Seegers, ***MOTION CARRIED UNANIMOUSLY*** Attachment 4 Page 24 of' 33 NAYES: None Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 17 ADJOURNMENT A motion was made by Board Member Schell, seconded by Board Member Porada, to adjourn the meeting at 8:30 p.m. On a voice vote, the motion carried unanimously. Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners Attachment 4 Page 25 of 33 CITY OF to 35 L2 DES PLAINES ILLINOIS City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 November 25, 2014 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Zoning Board of Appeals, 405 S. Des Plaines River Road, Case # 14-083-V RE: Request to authorize a major variation for an Electronic Message Board (EMB) sign Honorable Mayor and Members of the Des Plaines City Council: The Zoning Board of Appeals met on November 25, 2014 to consider the above petition. The Zoning Board of Appeals submits the following: 1. Fire Chief Alan Wax, petitioner, presented the pertinent facts. 2. The Community and Economic Development Department recommended approval of the variations. 3. No members of the public spoke regarding the proposal. 4. The Zoning Board of Appeals recommended (7-0) that the City Council approve the variation for the Electronic Message Board sign. Respectfully submitted, Arnie Seegers Des Plaines Zoning Board of Appeals, Chairman cc: City Officials Aldermen Zoning Board of Appeals Commissioners Petitioners Recording Secretary File Attachment 5 Page 26 of 33 CITY I IF DES PLAINES ORDINANCE Z - 3 - 15 AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 11.6.1:. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW AN ELECTRONIC MESSAGE BOARD SIGN AT 405 S. DES PLAINES RIVER ROAD, DES PLAINES, ILLINOIS. (CASE #14-083-V). WHEREAS, the City of Des Plaines ("Petitioner") owns the property commonly known as 405 S. Des Plaines River Road, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is located in the C-3 General Commercial Zoning District; and WHEREAS, the Subject Property is used by the City Fire Department and is improved with: (i) a fire station; (ii) a garage; and (iii) a monument sign ("Sign"); and WHEREAS, the Petitioner desires to install within the Sign an Electronic Message Board ("EMB") that would have a total area of 16 square feet and would comprise 35.5 percent of the total sign area of the Sign; and WHEREAS, the Petitioner submitted an application to the Community and Economic Development Department ("Department") for a major variation ("Major Variation") from Section 11.6.B of the City of Des Plaines Zoning Ordinance of 1998, as amended ("Zoning Ordinance"), to allow the sign area of the EMB to comprise 35.5 percent of the total sign area of the Sign, where the sign area of the EMB may not exceed 30 percent of the total sign area of the Sign; and WHEREAS, the Petitioner's application was referred by the Department, within 15 days of receipt thereof, to the Zoning Board of Appeals of the City of Des Plaines ("Zoning Board"); and WHEREAS, within 90 days from the date of Petitioner's application, a public hearing was held by the Zoning Board on November 25, 2014, pursuant to publication of notice in the Journal on November 7, 2014; and WHEREAS, notice of the public hearing was mailed to all property owners within 300 feet of the Subject Property; and WHEREAS, during the public hearing, the Zoning Board heard competent testimony and received evidence with respect to the Petitioner's application for the Major Variation. On November 25, 2014, the Zoning Board filed a written report with the City Council summarizing the testimony received by the Zoning Board and stating the Zoning Board's recommendation, by a vote of 7-0, to approve the Major Variation; and 1 Page 27 of 33 WHEREAS, the Petitioner made certain representations to the Zoning Board with respect to the requested Major Variation, which representations are hereby found by the City Council to be material and upon which the City Council relies in granting the Major Variation subject to certain terms and conditions; and WHEREAS, the City Council has studied the written report of the Zoning Board, the applicable standards set forth in the Zoning Ordinance, and the Staff Memorandum dated November 26, 2014, including its exhibits, which form part of the basis for this Ordinance; NOW THEREFORE BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting part of the factual basis for this Ordinance granting the Major Variation. SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as follows: LOT 2 (EXCEPT THAT PART THEREOF LYING WITHIN DES PLAINES AVENUE — RIVER ROAD) IN KRUSE'S SUBDIVISION OF LOT 14 IN HODGE'S SUBDIVISION OF PART OF SECTIONS 16 AND 17, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 09-16-300-106-0000 Commonly known as 405 S. Des Plaines River Road, Des Plaines, Illinois SECTION 3. MAJOR VARIATION. The City Council finds that the Major Variation satisfies the standards set forth in Section 3.6-8 of the Zoning Ordinance and, pursuant to the City's home rule powers, finds that the Major Variation is otherwise necessary and appropriate. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 4 of this Ordinance, the City Council hereby grants the Major Variation for the Subject Property to the Petitioner. 2 Page 28 of 33 SECTION 4. CONDITIONS. The Major Variation granted in Section 3 of this Ordinance shall be, and is hereby, expressly subject to and contingent upon the following conditions, restrictions, limitations, and provisions: A. Compliance with Plans and Codes. The development, use, and maintenance of the Subject Property shall be in strict compliance with the following documents and plans, except for minor changes and site work approved by the Director of the Department in accordance with all applicable City codes, ordinances, and standards, including, without limitation: 1. That certain "Plat of Survey," consisting of one sheet, prepared by George D. Harker & Associates, and dated July 7, 2014, a copy of which is attached hereto and made a part hereof as Exhibit A; and 2. That certain proposed sign diagram, consisting of one sheet, prepared by North Shore Signs, and dated of June 7, 2013, a copy of which is attached hereto and made a part hereof as Exhibit B. B. Additional Conditions. The development, use, and maintenance of the Subject Property shall be subject to and contingent upon the following additional conditions: 1. The changeable copy on the EMB may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy on the EMB shall be specific to the business for which the EMB is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the EMB will be permitted. 4. Automatic Dimming. The EMB shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the EMB during ambient low -light and nighttime (dusk to dawn) conditions. The EMB shall not exceed five hundred (500) nits of intensity as measured at the EMB surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. SECTION 5. EFFECT. This Ordinance authorizes the use and development of the 3 Page 29 of 33 Subject Property in accordance with the terms and conditions of this Ordinance and shall prevail against other ordinances of the City to the extent that any might conflict. The terms and conditions of this Ordinance shall be binding upon Petitioner, its grantees, assigns and successors in interest to the Subject Property, including grantees and assigns of Petitioner. SECTION 6. LIMITATIONS. The Major Variation shall be valid for not more than 12 months prior to the issuance of a building permit and the commencement of construction in accordance with terms and conditions of this Ordinance. The Zoning Administrator may extend the Major Variation if the Petitioner requests an extension in accordance with Section 3.6-12 of the Zoning Ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law; provided, however, that this Ordinance shall not take effect unless and until a true and correct copy of this Ordinance is executed by the Owner of the Subject Property or such other party in interest consenting to and agreeing to be bound by the terms and conditions contained within this Ordinance. Such execution shall take place within sixty (60) days after the passage and approval of this Ordinance or within such extension of time as may be granted by the Corporate Authorities by motion and delivered directly to the City Clerk. SECTION 8. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. [SIGNATURE PAGE FOLLOWS] 4 Page 30 of 33 PASSED this day of , 2015. APPROVED this day of , 2015. VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: day of , 2015. CITY CLERK Peter M. Friedman, General Counsel I, , being the owner or other party in interest of the property, legally described within this Ordinance, having read a copy of the Ordinance, do hereby accept, concur and agree to develop and use the subject property in accordance with the terms of this Ordinance. Dated: (Signature) By its authorized representative DP -Ordinance Granting a Major Variation 11.6 B EMB 405 S River Rd Fire Station #1 #34296048_v2 5 Page 31 of 33 O'C=.1 61^i qN 1 On Rises P.W i E i g I �! %I a f \ ...et..., to) i�•v aLn,.en 0 o1J 0 J ltd cF ti• 4, ;pre _ •r w0 , Q Ftf cgc,Vof w�., . t , , ..a,$4.�..a...4 .� o„ rw �0. xtih awF a v as -1•1516F7.5.3 .of wx : iyJo•-aa>• w�uW Pin cc coilea,.'�2. fa.r.ggit 114;44° 47,4 p Exhibit A `1 r Page 32 of 33 w O U J -t S `4 °' w K1 o -I CL 3 �2V1 x=En W "%9 N.1 Q. Erna aI-� a Nr a mw YE92 J J ®w O� S¢ Z C ov =L WC*W tt"'YZ UJ V3 0 - V) n V LL ZO W W Jam+ {' O c,?zw a¢CT <CC � o ili h� 0 aNo KrUO a LE W W E,' CnIM 0 o W p 2- G 2 C0.) Z 4 LimX aw[ 4 J h J 2 0_ �Vu�[ W { ▪ le pp ¢ J W ...... M -t Z-- -OQy o O W b Waw_j 2Cp¢ Sy 1� o i1 > 2r m aqg ¢ cc � N aoo c x_O _ o 661® ¢ r- 2 K (D d CC N M .m C Q er ®C9 C� 9 0 .9 .4 Exhibit B Page 33 of 33 CRY OF la 33 . DES PLAINES ILLINOIS Committee of the Whole Agenda Item # 2d City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 MEMORANDUM Date: November 26, 2014 To: Michael G. Bartholomew, MCP, LEED AP, City Manager George Sakas, AICP, Director of Community and Economic Development From: Subject: Consideration of Variance Requests, 1313 E. Oakton Street (Case #14-084-V) Scott Mangum, AICP, Senior Planner /( Issue: The petitioner is requesting major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. Analysis: Address: PIN: Existing Zoning: Petitioner: Owner(s): 1313 E. Oakton Street 09-29-202-015-0000 R-1, Single Family Residential Zoning District City of Des Plaines Fire Department, 405 S. Des Plaines, IL 60016 City of Des Plaines Fire Department, 405 S. Des Plaines, IL 60016 Plaines River Road, Des Plaines River Road, Des In reviewing this variation request, staff has considered the following information: The approximately 11,601 square foot lot has approximately 93 -feet of frontage on the south side of Oakton Street and approximately 125 -feet of frontage on Ash Street. A one-story brick Fire Station and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to replace the manual reader board component of the sign with an Electronic Message Board component. The existing monument sign is located toward the northwest comer of the site. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board Page 1 of 34 portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. An additional major variation requested would allow the EMB monument sign to be located approximately 85 -feet from the nearest residence, a single-family residence at 1319 E. Oakton Street, where a minimum distance of 250 -feet is required from a residence in the R-1, R-2, and R-3 zoning districts. The EMB sign would also be located approximately 90 -feet from the nearest single family residence to the west at 1616 Ash Street. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Recommendations: At its November 25, 2014 meeting the Zoning Board of recommended (7-0) that the City Council approve the Major Variations for the location and size of the Electronic Message Board sign, subject to conditions of approval as recommended by me. I recommend approval of the requested sign variations based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variations would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 5. The Electronic Message Board portion of the sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. Conditions of approval, including hours of operation are intended to limit the impact on surrounding properties. Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the City Council has the authority to approve, approve subject to conditions, or disapprove the above-mentioned variances for an Electronic Message Board sign in the R-1 zoning district. It is requested that this item be placed on the Committee of the Whole agenda at the January 5, 2014 City Council meeting. Page 2 of 34 Attachments: Attachment 1: Petitioner's Variance Application Attachment 2: Location Map Attachment 3: Site and Context Photos Attachment 4: Draft Minutes of the November 25, 2014 Zoning Board of Appeals Hearing Attachment 5: Letter from Zoning Board of Appeals to the Mayor Exhibits: Ordinance authorizing variations for the expansion of an accessory structure at 1313 E. Oakton Street. Exhibit A: Plat of Survey prepared by George Harker and Associates, and dated July 7, 2014. Exhibit B: Proposed sign diagram prepared by North Shore Sign, and dated June 7, 2013. Page 3 of 34 DO NOT WRITE IN THIS AREA — FOR OFFICE USE ONLY CASE NUMBER: 1 -t t! -'V DATE FILED TYPE OF \'ARIA1 ION: Minor ❑ Standard ❑ major � Sign ❑ License Agreement EYED 2a,1L( License Agreement for: lawn Sprinkler ❑ Mailbox ❑ Special Paving ❑ Fee Paid/Receipt Number: L AmountV.i/VU Date: (O(.C1(( (1 Legal Notice Publication Date: MN flAal' 1 .l L , published in the: Journal Topics Scheduled hearing date: t,J J PNA(ZVZS j 101, at 7:30 P.M. in Room 102, City Hall Action by Zoning Administrator/Zoning Board of Appeals/City Council: A Variation to Section(s) /% ('O $ of the City of Des Plaines Zoning Ordinance (adopted 1998), is requested in conformity with the powers vested in the Zoning Administrator/Zoning Board of Appeals/City Council, to perrnit the Variation on the property legally described as: (See legal description on Plat of Survey supplied by applicant) and commonly known as: 1313 eA-Kr i S % , Des Plaines, Cook County, Illinois. (Subject property address) G,d'es...r- cf „vg .r r447,,,.1 MEsow e ,sr�a/ 7� et 6e/ /c Variation being requested:J74A/ /5 AES' 7W.4.d AZ.S Dff. `go, /e$434 ref -CS. ' ,NESSA4E 6oAR.O /S //o sy. it- AvA ex cedes >lite 3'4% lOZt4' J, /' em- T//E Aiess¢7e r: Pogo m,4$ «/° sr. s- % . T,Vf S/4 /S d / sal/ His Gi6 it 7i4N 511,eay.;esl /T Z ' /yrfve /Z'saa6,tt7 'Way ' "771 IS, - Applicant(s) Name: 2 es 6G4/.10t �/oe' Signature 5/e ei4le/S 41/424,7 Telephone: lit? .99i S33.f' Fax: Mailing Address: �OS.l• &I' , . 2).P. OO l G Property Owner(s) Name: ? ! (NC bES i,;,tJSignature_ Telephone: Fax: Mailing Address: Is the Contact Person the: Applicant or Owner -3- Attachment 1 Page 4 of 34 Address of Property: /.?/.3 D'4,k'To..1 S Des Plaines, IL. 600 f,8 Property Tax Number: d 9 - a - O?f% a - d ts- (From tax bill or township assessor's office) Applicant's interest in the property: ole owner ❑ lessee ❑ contract purchaser ❑ other (explain): p Present Zoning Classification of Property: IS r Current Use of Property: Proposed Use of Property: v '�E ,r2 -4-77-0A) 6 c TRUST INFORM A I ION Name(s) of Trust Beneficiary (ies)* n1 I A Address (es) of Trust Beneficiary (ies)* * All applications involving property held by a land trust must be signed by the trust officer of the institution holding the trust as the owner of the property. Additionally, the trust beneficiary and his/her current address must be disclosed on this form. The application must also be accompanied by the following: • A certified copy of the trust agreement. • A letter from the trustee certifying that the beneficiary as shown on this application is correct and disclosing any beneficiary changes or lack thereof during the 12 months preceding the filing of this application. Attachment 1 IF YOU ARE FILING A LICENSE AGREEMENT, PLEASE PROCEED TO PAGE6. 4 - Page 5 of 34 REASONS H(llt \;181MON 12F.Q1 EST Before answering the following questions, read the Notice to Applicants below. Notice to Applicants A Variation is a zoning adjustment, which permits changes of certain zoning requirements where individual properties are unduly burdened by the strict application of the zoning standards. The power to vary is restricted and the degree of variation is limited to the minimum change necessary to overcome hardship of the property. A Variation recognizes that the same zoning district requirements do not affect all properties equally; the intention of it is to allow changes to properties where the re is a hardship to enjoy equal opportunities with similarly zoned properties. You must prove in making your case that special circumstances or unusual conditions affect your property. These must result in uncommon hardship and unequal treatment under the strict application of the Zoning Ordinance. Where hardship conditions extend to other properties, a variation cannot be granted. You must prove that the combination of the Zoning Ordinance and the uncommon conditions of your property prevents you from making any reasonable use of your land as permitted under the current zoning district. No variation may be granted which would adversely affect surrounding property or the general neighborhood. All variations must be in harmony with the intent and purpose of the Zoning Ordinance. In order for the Zoning Administrator, staff and Zoning Board of Appeals to understand your reasons for requesting a variation(s) please answer the following questions completely. 1. What would you describe as the hardship(s) that prevent you from being able to carry out the strict letter of the provisions of the Zoning Ordinance? (Explain in Detail) 1)(/ nay •-i• Al /s of C/7y eev/wry Wed . o -s 4 dr .Ko✓t Tye Srbo T ifoi /41-64 %NST lit/Ot1LD £kctt' o?5? > f20x//i f r/ 12€ ft)/,� 04•e�. - j pie sere 77/-4duet ry �c o� Fes✓ 7/24 Drfi .✓.f-Z , e 4-e- 1Qe9 ..rt rrr> 2. How do the site conditions prevent the reasonable use of your land under the terms of the Zoning Ordinance? (Explain in Detail) . / �j bpe ve'&v�J �k/c'on.,frSSe5 AliGtfi Of 7 51.4-77 ads 7%i�ac A �//>s/L/?/Y ( fG.� L,GA-77OJ �¢yGpL / fv/ t/S/�/L7 /4-77a". SIE cvrr eo ✓l �� "" '� ." / rife /1,fOvi �/ fit a) 7a Avorll/Ewt; 1/11-14-- 0.1 $44,e /?Lv v, rtr Wiu- NoT &Y/ecr 771e- cQS ��Vis/o,' . 3. To the best of your knowledge, can you affirm that the physical condition of your property was not created by an action of anyone having property interests in the land after the Zoning Ordinance of 1998 was adopted, or as the result of other governmental action, or was created by natural forces: YesX. No ❑ If no, please explain in detail: -5- Attachment 1 Page 6 of 34 4. How would the denial of the variation deprive you from rights enjoyed by other persons subject to the same provisions? (Explain in Detail) 74e s /4/a i/tgkavid Gl/Co ivt oo- 7 4 70 7W ©Be., e7 Q beA1/4G o /IA) to 1W /eeiv - i4 frfr4*'v' -S./4A)WiTt' o..✓ / CN£ 6/5//47 /4.-55"/QE. 777((5 `1r6/.¢JE avovz-0 A.o‘obe /J- /21a i)o;T tifiJr.T,Pc-E /r'i655,4 ,es 7v me' /1/5‘,/u/in.( Ri /,4e' b/5' sfy. 5. Is the requested variation the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of the Zoning Ordinance? (Explain in Detail) YES _ 1-1444R- 1S No OTN-E re IP oP 7(-.--7 J Ae-ecit Tr> #4- 4CE' 77Y S/l0 Pion /Nee i /7i E Re4a,)2i S Alecto eo . TALE Cass" /5 rrtAw4ae llec 7 /12 , /a.trrnco o, -771-f1 YI/f.A/ /6 s' . kest?i - rft " aei 30 l 6. Will the granting of the variation be in harmony with the neighborhood and the provisions of the Zoning 17tat Ordinance from which it is being sought? (Explain in Detail) ,r e `j2e. 16,427-M T u1,w C v..cpt- 1.-4-)174f 4i- - aTrtf rt_ RE a t,0bie4nvtE.'TS, O,oS' (�r^'��►-�ra)f .5r, WORL4S. 1 hereby certify that all of the above statements and those contained in any papers or plans submitted herewith are true to the best of my knowledge and belief. Furthermore, I consent to the entry in or upon the premises described in the application, by any authorized official of the City of Des Plaines, for the purpose of posting, maintaining, and removing public hearing notices as may be required, as well as conducting site analysis. AA,/ RA e/fA/5 4 10 (Signature of Applicant or Authorized Agent) (Date) z.3 /i( (Signature of Owner) (Date) -6- Attachment 1 Page 7 of 34 Attachment 2, Locaflon Map - '313 E. 10) akton eet Prepared by Community and Economic Development Department: SM, November 20, 2014 Attachment 2 Page 8 off 34 i 13 E. Oakton tree Y Attachment 3 i 13 E. Oakton -tr Page 9 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 1 DES PLAINES ZONING BOARD MEETING NOVEMBER 25, 2014 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Monday, November 25, 2014, at 7:30 p.m. in Room 101 of the Des Plaines Civic Center. ZONING BOARD PRESENT: Seegers, Szabo, Catalano, Saletnik, Hofherr, Schell, Porada ALSO PRESENT: Scott Mangum, Senior Planner, Department of Community & Economic Development Gale Cerabona, Recording Secretary Chairman Seegers called the meeting to order at 7:34 p.m. & read this evening's cases. APPROVAL OF MINUTES: A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to approve the meeting minutes of October 14, 2014, as presented. AYES: Saletnik, Hofherr, Schell, Porada, Seegers NAYES: None ABSTAIN: Catalano, Szabo ***MOTION CARRIED 5-2*** A motion was made by Board Member Catalano, seconded by Board Member Schell, to approve the meeting minutes of November 12, 2014, as presented. AYES: Catalano, Schell, Porada, Seegers NAYES: None ABSTAIN: Szabo, Saletnik, Huffier': ***MOTION CARRIED 4-3*** Attachment 4 Page 110 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 2 NEW BUSINESS 1. Address: 710 S. Second Avenue Case Number: 14-050-V Petitioner is requesting a Variation to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to legalize the construction of an accessory structure (barbeque grill enclosure) with a setback of approximately zero feet from the west property line where the minimum - required setback for an accessory structure is 5 -feet in the R-1 Zoning District. PIN: 09-17-320-025-0000 Petitioner: Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Owner: Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Chairman Seegers noted that Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 was duly sworn in at the last Zoning Board of Appeals Meeting on November 12, 2014. Mr. Bertolini advised he added the grill enclosure & went through the process. Chairman Seegers asked: • if it is masonry. Mr. Bertolini advised — yes • if the grill is on the west side of the house. Mr. Bertolini advised — yes • if the grill is in the rear portion in the side yard. Mr. Bertolini advised — yes • if neighbors have any objections. Mr. Bertolini advised — no, and stated there are two acknowledgement letters received from neighbors Board Member Hofherr asked: • if there was a hearing regarding the code enforcement violation. Mr. Bertolini advised — he wasn't aware there was a hearing • if there is a 0 setback. Mr. Bertolini advised — it's actually 6 inches Board Member Porada asked: • how high the barbeque grill is off of the ground. Mr. Bertolini advised — approximately 4 ft. Mr. Ken Bertolini, 1310 W. Haven Drive, Arlington Heights, Illinois, came forward and was sworn in by Chairman Seegers. Board Member Porada continued, asking: • if a permit was obtained in 2012. Mr. K. Bertolini advised — yes; the driveway and patio work was completed shortly after moving in • when the barbeque pit was added. Mr. K. Bertolini advised — at the same time of move -in • if the barbeque pit was built when you moved in? Mr. A. Bertolini advised — yes • if the barbeque pit was included on the sketch/drawings? Mr. K. Bertolini advised — no, it was after - the -fact Attachment 4 Page 11 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 3 Chairman Seegers asked if the Board has any questions. There were none. Chairman Seegers asked Staff to provide the summary report. Issue: The petitioner is requesting a Variation to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to legalize the construction of an accessory structure (barbeque grill enclosure) with a setback of approximately zero feet from the west property line where the minimum required setback for an accessory structure is 5 -feet in the R-1 Zoning District. Analysis: Address: 710 S. Second Avenue PIN: 09-17-320-025-0000 Existing Zoning: R-1, Single -Family Residential Petitioner: Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Owner(s): Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 51 -foot by 141 -foot (approximately 7,220 square foot) lot at 710 S. Second Avenue is a legal nonconforming lot as the minimum lot width is 65 -feet and minimum lot area is 8,125 square feet for a corner lot in the R-1 Zoning District. A one and a half -story brick single-family residence with a driveway and attached one -car garage currently exists on site. Without a permit the applicant installed a 3 -foot by 6 and a half -foot brick enclosure for a barbeque grill and was cited by code enforcement personnel in September of 2013. A permit was obtained in 2012 for a driveway replacement and rear patio addition. The barbeque grill enclosure is located along the west property line. The applicant wishes to keep the grill enclosure in its present location to maximize the use of the yard and property. This request, a setback variation of greater than 30%, is a standard variation and shall be considered by the Zoning Board of Appeals. Recommendation: Staff recommends approval of the above -requested variation for the location of an accessory structure based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. While there appear to be other locations where the enclosure could be located to the south or east of the patio that would not encroach upon required setbacks, the lot is legal nonconforming with regards to width and size, and the enclosure is smaller in bulk and scale than the typical accessory structure. Zoning Board of Appeals Procedure: Under Section 3.6-6 of the Zoning Ordinance (Standard Variations) the Zoning Board of Appeals has the authority to approve, approve subject to conditions, or deny the above-mentioned setback variance in the R- 1 zoning district. Attachment 4 Page 12 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 4 Chairman Seegers asked if the Board has any questions. Board Member Catalano asked if the grill is gas or charcoal. Mr. Bertolini advised — it's a propane tank; not an open pit; just a surround. Board Member Saletnik asked/stated: • it appears to be 3 ft. high • seems like a fence/enclosure to hide the grill; is aesthetically -pleasing Chairman Seegers asked if anyone in the audience objects or is in favor. No one responded. Board Member Szabo stated if it was a Weber grill, it would be no problem; being a propane grill, he affirmed he is in favor of this. A motion was made by Board Member Szabo, seconded by Board Member Catalano, to grant the variation. Board Member Porada thanked/stated: • Petitioner for returning • he typically doesn't approve after -the -fact variations • as Petitioner obtained a permit (for the earlier work), he believes he is aware there is a process • without a concrete slab this can be easily removed if needed AYES: Szabo, Catalano Saletnik, Hofherr, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 2. Address: 683 Wolf Road Case Number: 14 -081 -CU Petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Massage Establishment in the C-3 District. PIN: 09-07-226-025-0000 Petitioner: Zhe Liu, 8228 N. Octavia, Niles, IL 60714 Owner: Michael Rayyan, 9800 Lauren Lane, Niles, IL 60714, and Ray Rayyan, 2215 Sanders Road #350, Northbrook, IL 60062 Chairman Seegers swore in Petitioners Zhe Liu, 8228 N. Octavia, Niles, IL 60714 & Nicholas J. Ftikas, Attorney at Law, Law Office of Samuel V.P. Banks, 221 N. LaSalle Street, 38th floor, Chicago, IL 60601 who is assisting attorney Paul Kolpak. Attachment 4 Page 13 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 5 Mr. Ftikas advised the Applicant is currently operating with a reflexology license. Her establishment currently has 3 employees and is open from 10 a.m.-9 p.m. He stated the license does not allow for other body areas to be touched as well as no disrobing. The Applicant is applying for a Conditional Use Permit to expand to body massage services. Chairman Seegers asked what the hours are. Mr. Ftikas advised —10 a.m.-9 p.m. except Saturdays Chairman Seegers asked if the Board has any questions. Board Member Porada asked: • if Petitioner is operating with a reflexology license. Mr. Ftikas advised — yes, a business license with reflexology • if Petitioner was cited when she was asked to provide body massages. Mr. Ftikas advised — yes • if this is Petitioner's first establishment. Ms. Liu advised — she has been in business for 14 years and has many locations (Bloomingdale, West Dundee, Niles, Glenview, etc.); this is the newest business. • if the (owners') names listed are the therapists. Ms. Liu advised — yes • if Ms. Liu is a massage therapist. Ms. Liu advised — sometimes • if Ms. Liu has had 4 businesses for years. Ms. Liu advised — yes, for 12-14 years • if Ms. Liu has been cited in any other locations. Ms. Liu advised -- never Chairman Seegers asked Staff to summarize the report. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Massage Establishment in the C-3 District. Analysis: Proposed Use Massage Establishment Petitioner Zhe Liu, 8228 N. Octavia, Niles, IL 60714 Owner Michael Rayyan, 9800 Lauren Lane, Niles, IL 60714, and Ray Rayyan, 2215 Sanders Road #350, Northbrook, IL 60062 PIN 09-07-226-025-0000 Plan off Operation Approximately 3 employees would work at the location with proposed hours of operation from 10:OOam to 9:OOpm. Existing Use Multi -tenant retail center Surrounding Land Use North: Commercial East: Single -Family Residential South: Single -Family Residential Attachment 4 Page 1<4 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 6 Existing Zoning Surrounding Zoning Street Classification Comprehensive Plan West: Commercial C-3, General Commercial North: C-3, General Commercial East: R-1, Single Family Residential South: R-1, Single Family Residential West: C-3, General Commercial Wolf and Central Roads are identified as collector roads according to the City's Comprehensive Plan. The Comprehensive Plan recommends a Community Commercial use in this area. The applicant, Zhe Liu of Jia Foot Spa, has requested a Conditional Use Permit to operate a Massage Establishment at 683 N. Wolf Road in the C-3 Zoning District. The 2.2 acre lot has approximately 180 feet of frontage on Central Road and 395 feet of frontage on Wolf Road. The petitioner currently occupies an approximately 2,000 square -foot tenant space within a one-story shopping center. The existing business is licensed authorizes the reflexology, which does not require a conditional use permit. The State of Illinois Massage Licensing Act exempts practitioners of other forms of bodywork who restrict manipulation of soft tissue to the feet, hands, and ears, and who do not have the client disrobe, such as reflexology. The business has been cited for also offering body massage services, which does require a conditional use permit and is subject to the State Licensing Act. The floor plan indicates that the tenant space would be organized with most of the areas containing a number of foot massage sofas, but also three rooms with tables for body massage. Additional space includes restroom and storage facilities. The proposed plan of operation includes hours of operation between 10:OOam and 9:OOpm and a staff of three massage therapists. The applicant requested a waiver of the traffic study which has been granted due to the limited amount of traffic anticipated. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Massage Establishment is a Conditional Use in the C-3, General Commercial Zoning District, as specified in Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends Community Commercial use for this site. A Massage Establishment is a Conditional Use in the C-3 Zoning District. Attachment 4 rage 15 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 7 C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Massage Establishment use would be located within an existing structure. No exterior alterations are proposed to the structure. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Massage Establishment use are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed Massage Establishment use is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network according to the information provided. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize an existing curb cuts on Central and Wolf Roads for access. Based on information provided, staff does not find any evidence for potential interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Attachment 4 Page 16 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 8 Comment: No significant exterior building alterations are proposed. The proposed plan would not add impervious surface, nor cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: As proposed, the Massage Establishment use appears to conform to all other zoning regulations. The Des Plaines City Code, Title 4, Chapter 13 establishes additional regulations pertaining to Massage Establishments and requires approval of the City Manager including review by the City Sanitarian and the Police Department. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit modification request for the operation of a Massage Establishment, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to conditions of approval: 1. The only individuals authorized to operate at the location would be Zhe Liu, Yan Li, and Ying Wang pending business license approval, including a review by the Chief of Police. Any additional person would require approval of the Chief of Police. 2. Hours of operation shall be limited to 10:00 a.m. to 9:00 p.m. 3. The use shall comply with, and remain in compliance with, Title 4, Chapter 13 (Massage Establishments) of the City of Des Plaines Municipal Code. Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for the operation of a Massage Establishment use in the C-3 zoning district. The City Council has the final authority on the project. Chairman Seegers asked if the Board has any questions. Board Member Catalano asked, regarding Condition 1, what is intended? Mr. Mangum advised — this is intended for the persons that would be administering body massage. Board Member Hofherr asked: • if Ms Liu spends her time at this or other locations. Ms. Liu advised — all locations • if there will be only 2 employees there. Ms. Liu advised — yes, when I am not there Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. Attachment 4 Page 17 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 9 A motion was made by Board Member Saletnik, seconded and amended by Board Member Catalano that Condition 1 be altered from "individuals" to read "massage therapists", to recommend approval to City Council and grant the Conditional Use Permit. AYES: Saletnik, Catalano, Szabo, Hofherr, Schell, Porada, Seegers NAYES: None ***MOTION CARRIIED UNANIMOUSLY*** 3. Address: 130 E. Thacker Street Case Number: 14-082-V Petitioner is requesting a major variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the expansion of an existing third accessory structure (garage) to create an approximately 1,064 square foot garage, instead of not greater than 720 square feet; and major variations to Section 11.6.B to allow a 6 -foot tall monument sign with an approximately 4 -foot setback and including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum height allowed is 5 -feet, minimum required setback allowed is 4 -feet, and maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. PIN: 09-18-300-040-0000 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines. IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chairman Seegers swore in Petitioner Fire Chief Alan Wax, 405 S. Des Plaines River Road, Des Plaines, IL 60016. Fire Chief Wax advised there is currently a utility garage on-site that is full. Other vehicles (fuel -truck trailer, pick-up truck) are stored outside. He stated they wish to place these vehicles indoors. He advised a grant was received to expand the garage. Chairman Seegers asked: • if this extends to the west. Chief advised — yes ▪ if it is masonry. Chief advised — it is similar to the current frame construction • if the structure to the north is a school. Chief advised — yes • if the setback is 5 ft. Chief advised — 8 ft. Mr. Mangum advised this would expand a third accessory structure. Attachment 4 Page 18 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 10 Chief advised for all 3 fire stations, per the budget, the current (dated) message boards will be upgraded to electronic boards; will be modernized; offer flexibility. Board Member Szabo asked if all signs are the same for all 3 fire stations. Chief advised — yes, generally. Chairman Seegers asked if electronic boards would include identification and address. Chief advised — yes. Board Member Hofherr asked if the garage will be sufficient. Chief advised — the current garage would still be used. Board Member Szabo asked if the garage is being made wider. Chief advised — we are extending to the west and making the overhead door taller. He noted a couple of parking spaces will be lost. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend approval of variations to City Council for the garage addition at 130 E. Thacker Street. Chairman Seegers asked Staff to provide the summary report. Issue: The petitioner is requesting major variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the expansion of an existing third accessory structure (garage) to create an approximately 1,064 square foot garage, instead of not greater than 720 square feet; and major variations to Section 11.6.B to allow a 6 -foot tall monument sign with an approximately 4 -foot setback and including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum height allowed is 5 -feet, minimum required setback allowed is 5 -feet, and maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. Analysis: Address: 130 E. Thacker Street PIN: 09-18-300-040-0000 Existing Zoning: R-1, Single Family Residential Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, 1L 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 1.1 -acre lot has 304 -feet of frontage on the north side of Thacker Street, as well as 159 - feet of frontage on Westgate Road and approximately 202 -feet of frontage on Robert Coombs Court. A one- story brick Fire Station, detached frame garage, five -story brick training tower, one-story brick museum, and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to expand the existing garage and to replace the manual reader board component of the sign with an Electronic Message Board component. Attachment 4 Page 19 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 11 The existing 672 square foot (30 -feet, one -inch by 22 -feet, four -inch) garage is located behind the Fire Station, approximately 8 -feet from the north property line. The petitioner wishes to expand the accessory structure to approximately 1,064 square feet by extending the building 28 feet to the west to accommodate storage needs for larger equipment. Major variations are requested to expand this third accessory structure, where a maximum of two are allowed, to a size greater than 720 square feet. The existing monument sign is located toward the center of the Thacker Street frontage, approximately 4 - feet from the south property line along Thacker Street. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. Additional major variations requested would allow the approximately 6 -foot tall EMB monument sign to be located approximately 135 -feet from the nearest residence, a single-family residence at 142 E. Thacker Street, where a minimum distance of 250 -feet is required from a residence in the R-1, R-2, and R-3 zoning districts. The EMB sign would also be located approximately 185 -feet from the nearest single family residence to the east at 798 S. Westgate Road. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Recommendation: Staff recommends approval of the requested accessory structure and sign variations based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variations would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 5. The Electronic Message Board portion of the sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. Conditions of approval, including hours of operation are intended to limit the impact of the EMB sign on surrounding properties. Additionally, while the property is located within the R-1, Single Family Residential Attachment 4 Page 20 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 12 District, a Fire Station operates differently than a typical residence and has a greater need for accessory structures. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the accessory structure and sign variances. The City Council has the final authority on the project. Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. AYES: Hofherr, Catalano, Szabo, Saletnik, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to recommend approval to City Council for sign variations as proposed with conditions as mentioned by Staff. Board Member Szabo asked if there has been input from any of the neighbors. Chief advised — there was a call from McDonald's staff (River Road location). Mr. Mangum advised — he hasn't heard any additional feedback. Board Member Porada asked/stated: • if text may include information about checking batteries, etc. Chief advised — yes, safety issues and notification of events. He advised other departments, etc. may utilize electronic boards also. • if these will be like the municipal board at River and Miner. Chief advised — not to that extent. • if other organizations who may supply messaging would be screened by Chief Wax. Chief Wax advised — yes • if Petitioner is aware of the conditions. Chief Wax advised — yes • if the cabinet would remain the same. Chief Wax advised — yes • it's helpful for the Fire Department to set the appropriate example. Chief Wax responded we will take the conditions seriously AYES: Saletnik, Hotherr, Szabo, Catalano, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 4. Address: 405 S. Des Plaines River Road Case Number: 14-083-V Petitioner is requesting a major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% where the maximum percentage of an electronic message board component allowed is 30 -percent in the C-3 Zoning District. Attachment 4 Page 21 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 13 PIN : 09-16-300-106-0000 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chief Wax advised that the goals, intentions, and conditions are the same as the previous petition. Chairman Seegers noted the particulars; Mr. Mangum clarified same. Chairman Seegers asked Staff to summarize the report. Issue: The petitioner is requesting a major variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% where the maximum percentage of an electronic message board component allowed is 30 -percent in the C-3 Zoning District. Analysis: Address: 405 S. Des Plaines River Road PIN: 09-16-300-106-0000 Existing Zoning: C-3, General Commercial Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 38,290 square foot lot has approximately 155 -feet of frontage on the east side of Des Plaines River Road. A one-story brick Fire Station and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to replace the manual reader board component of the sign with an Electronic Message Board component. The existing monument sign is located toward the middle of the site along Des Plaines River Road. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Attachment 4 Page 22 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 14 Recommendation: Staff recommends approval of the requested sign variation based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variation would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the sign variance. The City Council has the final authority on the project. Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend approval to City Council with conditions as noted by Staff. AYES: Hofherr, Catalano, Szabo, Saletnik, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 5. Address: 1313 E. Oakton Street Case Number: 14-084-V Petitioner is requesting a major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. PIN: 09-29-202-015-0000 Attachment 4 Page 23 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 15 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chief Wax advised this fire station is the closest distance to the neighbors. He stated the goals, intentions, etc. are the same as the above petitions. Chairman Seegers asked Staff to summarize the report. Issue: The petitioner is requesting major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. Analysis: Address: 1313 E. Oakton Street PIN: 09-29-202-015-0000 Existing Zoning: R-1, Single Family Residential Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 11,601 square foot lot has approximately 93 -feet of frontage on the south side of Oakton Street and approximately 125 -feet of frontage on Ash Street. A one-story brick Fire Station and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to replace the manual reader board component of the sign with an Electronic Message Board component. The existing monument sign is located toward the northwest corner of the site. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. Attachment 4 Page 24 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 16 An additional major variation requested would allow the EMB monument sign to be located approximately 85 -feet from the nearest residence, a single-family residence at 1319 E. Oakton Street, where a minimum distance of 250 -feet is required from a residence in the R-1, R-2, and R-3 zoning districts. The EMB sign would also be located approximately 90 -feet from the nearest single family residence to the west at 1616 Ash Street. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Recommendation: Staff recommends approval of the requested sign variations based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variations would be subject to the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 5. The Electronic Message Board portion of the sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. Conditions of approval, including hours of operation are intended to limit the impact on surrounding properties. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the sign variances. The City Council has the final authority on the project. A motion was made by Board Member Szabo, seconded by Board Member IIofherr, to recommend approval to City Council as presented with conditions as noted by Staff. AYES: Szabo, Hofherr, Catalano, Saletnik, Schell, Porada, Seegers, NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Attachment 4 Page 25 of 34 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 17 ADJOURNMENT A motion was made by Board Member Schell, seconded by Board Member Porada, to adjourn the meeting at 8:30 p.m. On a voice vote, the motion carried unanimously. Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners Attachment 4 Page 26 of 34 CITY OF r 13 35 DES PLAINES ILLINOIS November 25, 2014 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 Subject: Zoning Board of Appeals, 1313 E. Oakton Street, Case # 14-084-V RE: Request to authorize major variations for an Electronic Message Board (EMB) sign Honorable Mayor and Members of the Des Plaines City Council: The Zoning Board of Appeals met on November 25, 2014 to consider the above petition. The Zoning Board of Appeals submits the following: 1. Fire Chief Alan Wax, petitioner, presented the pertinent facts. 2. The Community and Economic Development Department recommended approval of the variations. 3. No members of the public spoke regarding the proposal. 4. The Zoning Board of Appeals recommended (7-0) that the City Council approve the variations for the Electronic Message Board sign. Respectfully submitted, Arnie Seegers Des Plaines Zoning Board of Appeals, Chairman cc: City Officials Aldermen Zoning Board of Appeals Commissioners Petitioners Recording Secretary File Attachment 5 Page 27 of 34 CI'T'Y OF DES PLAINES ORDINANCE Z - 4 - 15 AN ORDINANCE APPROVING MAJOR VARIATI$NS FROM SECTION II.6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW AN ELECTRONIC MESSAGE COARD SIGN AT 1313 E. OAKTON STREET, DES PLAINES, ILLINOIS. (CASE #14-084-V). WHEREAS, the City of Des Plaines ("Petitioner") owns the property commonly known as 1313 E. Oakton Street, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is located in the R-1 Single Family Residential Zoning District ("R-1 District"); and WHEREAS, the Subject Property is used by the City Fire Department and is improved with: (i) a fire station; and (ii) a monument sign that is located approximately 85 feet and 90 feet from the nearest residences, respectively ("Sign"); and WHEREAS, the Petitioner desires to install within the Sign an Electronic Message Board ("EMB") that would have a total area of 16 square feet and would comprise 35.5 percent of the total sign area of the Sign; and WHEREAS, the Petitioner submitted an application to the Community and Economic Development Department ("Department") for major variations from: (i) Section 11.6.B of the Des Plaines Zoning Ordinance of 1998 ("Zoning Ordinance") to permit the sign area of the EMB to comprise 35.5 percent of the total sign area of the Sign, where the sign area of the EMB may not exceed 30 percent of the total sign area of the Sign; and (ii) Section 11.6.E of the Zoning Ordinance to allow the EMB to be located 85 feet and 90 feet from residences within the R-1 District, where the EMB must be located a minimum distance of 250 feet from residences (collectively, the "Major Variations"); and WHEREAS, the Petitioner's application was referred by the Department, within 15 days after receipt thereof, to the Zoning Board of Appeals of the City of Des Plaines ("Zoning Board"); and WHEREAS, within 90 days from the date of Petitioner's application, a public hearing was held by the Zoning Board on November 25, 2014, pursuant to publication of notice in the Journal on November 7, 2014; and WHEREAS, notice of the public hearing was mailed to all property owners within 300 feet of the Subject Property; and WHEREAS, during the public hearing, the Zoning Board heard competent testimony and received evidence with respect to the Petitioner's application for the Major Variations. On 1 Page 28 of 34 November 25, 2014, the Zoning Board filed a written report with the City Council summarizing the testimony received by the Zoning Board and stating the Zoning Board's recommendation, by a vote of 7-0, to approve the Major Variations; and WHEREAS, the Petitioner made certain representations to the Zoning Board with respect to the requested Major Variations, which representations are hereby found by the City Council to be material and upon which the City Council relies in granting the Major Variations subject to certain terms and conditions; and WHEREAS, the City Council has studied the written report of the Zoning Board, the applicable standards set forth in the Zoning Ordinance, and the Staff Memorandum dated November 26, 2014, including its exhibits, which form part of the basis for this Ordinance; NOW THEREFORE BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting part of the factual basis for this Ordinance granting the Major Variations. SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as follows: LOTS 6, 7 AND 8 IN BLOCK 1 IN F. C. ENDERLIN JR'S DES PLAINES TERRACE 1N THE NORTHWEST '/ OF THE NORTHEAST '/ OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. P1N: 09-29-202-015-0000 Commonly known as 1313 E. Oakton Street, Des Plaines, Illinois SECTION 3. MAJOR VAI''IATIONS. The City Council finds that the Major Variations satisfy the standards set forth in Section 3.6-8 of the Zoning Ordinance and, pursuant to the City's home rule powers, finds that the Major Variations are otherwise necessary and appropriate. Subject to and contingent upon the conditions, restrictions, limitations and provisions 2 Page 29 of 34 set forth in Section 4 of this Ordinance, the City Council hereby grants the Major Variations for the Subject Property to the Petitioner. SECTION 4. CONDITIONS. The Major Variations granted in Section 3 of this Ordinance shall be, and are hereby, expressly subject to and contingent upon the following conditions, restrictions, limitations, and provisions: A. Compliance with Plans and Codes. The development, use, and maintenance of the Subject Property shall be in strict compliance with the following documents and plans, except for minor changes and site work approved by the Director of the Department in accordance with all applicable City codes, ordinances, and standards, including, without limitation: 1. That certain "Plat of Survey," consisting of one sheet, prepared by George D. Harker & Associates., and dated July 7, 2014, a copy of which is attached hereto and made a part hereof as Exhibit A; and 2. That certain proposed sign diagram, consisting of one sheet, prepared by North Shore Sign, and dated June 7, 2013, a copy of which is attached hereto and made a part hereof as Exhibit B. B. Additional Conditions. The development, use, and maintenance of the Subject Property shall be subject to and contingent upon the following additional conditions: 1. The changeable copy on the EMB may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy on the EMB shall be specific to the business for which the EMB is intended. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 3. No sounds from the EMB will be permitted. 4. Automatic Dimming. The EMB shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the EMB during ambient low -light and nighttime (dusk to dawn) conditions. The EMB shall not exceed five hundred (500) nits of intensity as measured at the EMB surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 3 Page 30 of 34 5. The EMB portion of the Sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. SECTION 5. EFFECT. This Ordinance authorizes the use and development of the Subject Property in accordance with the terms and conditions of this Ordinance and shall prevail against other ordinances of the City to the extent that any might conflict. The terms and conditions of this Ordinance shall be binding upon Petitioner, its grantees, assigns and successors in interest to the Subject Property, including grantees and assigns of Petitioner. SECTION 6. LIMITATIONS. The Major Variations shall be valid for not more than 12 months prior to the issuance of a building permit and the commencement of construction in accordance with terms and conditions of this Ordinance. The Zoning Administrator may extend the Major Variations if the Petitioner requests an extension in accordance with Section 3.6-12 of the Zoning Ordinance. SECTION 7. EFFECT IV IE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law; provided, however, that this Ordinance shall not take effect unless and until a true and correct copy of this Ordinance is executed by the Owner of the Subject Property or such other party in interest consenting to and agreeing to be bound by the terms and conditions contained within this Ordinance. Such execution shall take place within sixty (60) days after the passage and approval of this Ordinance or within such extension of time as may be granted by the Corporate Authorities by motion and delivered directly to the City Clerk. SECTION 8. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. 4 Page 31 of 34 [SIGNATURE PAGE FOLLOWS] PASSED this day of , 2015. APPROVED) this day of , 2015. VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: day of , 2015. CITY CLERK Peter M. Friedman, General Counsel l� , being the owner or other party in interest of the property, legally described within this Ordinance, having read a copy of the Ordinance, do hereby accept, concur and agree to develop and use the subject property in accordance with the terms of this Ordinance. Dated: By its authorized representative (Signature) DP -Ordinance Granting Major Variations 11.6 B EMB 1313 E Oakton St Fire Station #2 #34296143_v2 5 Page 32 of 34 u PLAT oF SURVEY 6E0R6E D. HARKER t t A66OGIA1ES • Licensed Ftofe»loro' Land 5lrvet)2r / Gonwltad took:ow*"Meta vAVF PoWE 1/4L0005 600).40. :K1t• 0416/62400 S. Os1 B2i Td96 City of Des Plaines Ftre Department 1313 Oakton Street Des Planes, Illinois, bOOlb LSO il•tcrplus F1en.mdr4 R0 .stats to root W. 09-29.202-015 Lots 6,1 LM 000+001 I r F. L Ewertr: i4 DE+ RA.'S TERME 1121: 104+•06! IN of Oe kpR0 4 t< 0oa+0 24, TO.edsp 4111x0, Rattp 12 000 G toe 3.0 Fypepa+ SI:naval n Lai Gar46 114.s. Arco ollan 00oo . 11.607.0 fG O. Nola. The P2 d F. G. 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Se: 1210%) "arc R103e, i'n;'r, 1.702 -1.14 AL. 2014 Exhibit A Page 33 of 34 w 0 U -I =i a w V) fa e4 0 -I°' p g I- 0.1 V) 0 ▪ —�gg V Z N a 1 CC w J V 00 2Z� E - - a rE Fc Lfl - a 3 LU 0• La �+=a z q 0 _O J Jd al W - UD CD S t • I- * `4 m ? o CD -3 3 I. i' 6 OO .Z2o 40.- LID O v�vi C9 =XNFN Q Scc d IX Z la 0 F- X pia O - YU m _,--) '` • 2 J- J= O N W A d �. cc <Q fL (41 LU T O L L O 6 p i Y M _l O Z O.{ 0a 2 E� Lai _' W a u., J Cr LL 0 = N z ¢ uiwOO W O O M M CZ •- 6 CC CO a CC CV M r 2 d ep so., Ir. a 02 Zm V?' Exhibit B Page 34 of 34 CRY OF DES PLAINES ILLINOIS Committee of the Whole Agenda Item # 2e City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 MEMORANDUM Date: December 10, 2014 To: Michael G. Bartholomew, MCP, LEED AP, City Manager George Sakas, AICP, Director of Community and Economic Development From: Scott Mangum, AICP, Senior Planner , Subject: Consideration of a Variance Request, 767 W. Golf Road (Case #14-085-V) Issue: The petitioner is requesting a variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a wall sign of approximately 150 square feet, where a maximum of 100 Square feet in size is allowed by code. Analysis: Address: 767 W. Golf Road PIN: 08-13-102-017-0000 Existing Zoning: C-4, Regional Shopping Commercial District Petitioner: Donald Rickard (for Binny's Beverage Depot), 9801 Industrial Drive, Bridgeview, IL 60455 Owner(s): Chicago Exhibitors Corporation, 20 N. Martingale Road, Suite 100, Schaumburg, IL 60173 In reviewing this variation request, staff has considered the following information: Binny's Beverage Depot is requesting a variation to replace the existing approximately 170 square foot channel letter wall sign with a new approximately 150 square foot wall sign. Section 11.6B of the Zoning Ordinance allows three square feet of wall signage per one linear foot of building frontage up to 100 square feet. The applicant sites the distance from the roadway and obstruction of outlot buildings as reasons for the request. Based on permit records, existing and previous tenants within the shopping center have/had signs of the following sizes: Dollar Tree (82.5 SF), Party Time Palace (100 SF), International Fresca Market (100 SF), Planet Fitness (148 SF), and Wal-Mart Neighborhood Market (144 SF). Major variations were approved for the Planet Fitness wall sign in 2011 and Wal-Mart walls signs in 2014. Multi - Page 1 of 20 tenant pole signs are located at the perimeter of the property along both Golf and Elmhurst Roads. The request is a major variance, as the size requested is more than 10% greater than allowed by code for a wall sign. Recommendations: At its December 9, 2014 meeting the Zoning Board of Appeals recommended (5-0) that the City Council approve the Major Variation for the size of a wall sign. I recommend approval of the requested wall sign variation based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The large setback from the street, recent approvals for wall sign variations within the same shopping center, and reduction in size from the existing sign are contributing factors in the recommendation. Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the City Council has the authority to approve, approve subject to conditions, or disapprove the above-mentioned variance for size of a wall sign in the C-4 zoning district. It is requested that this item be placed on the Committee of the Whole agenda at the January 5, 2015 City Council meeting. Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Petitioner's Variance Application Location Map Site and Context Photos December 9, 2014 Draft Zoning Board of Appeals Minutes Letter from Zoning Board of Appeals to the Mayor Exhibits: Ordinance authorizing a variation for the size of a wall sign at 767 W. Golf Road. Exhibit A: Proposed Sign Diagram, prepared by Milord Company, and dated November 20, 2014. Exhibit B: Market Place Plaza Site Plan prepared by Milord Company, and dated November 4, 2014. Exhibit C: Proposed Building Elevation, prepared by Milord Company, and dated November 4, 2014. Page 2 of 20 Pj R AggiN P It A l t (i DO NOT WRITE IN Jl T':, IS AREA - FOR OFFICE USE ONLY CASE NUMBER: \4 Z `'I i JS5 V DATE FILED 11 1 4 .TYPE OF N'AR1A 1'1Old; Minor ❑ Standard ❑ Major ® Sign ❑ License Agreement 0 License Agreement for. Lawn Sprinkler ❑ Mailbox ❑ Special Paving ❑ Fee Paid/Receipt Number: 1ju b1) Amount: 4:i2O. DU Date: 11)101K-1 Legal Notice Publication Date: 111 "11)1 L{� , published in the: Iournal Topics Scheduled hearing date; .beoinU 2P V (1,2%oitl at 7:30 P.M. in Room 102, City Hall Action by Zoning Administrator/Zoning Board of Appeals/City Council: A Variation to Section(s) 11 of the City of Des Plaines Zoning Ordinance (adopted 1998), is requested in conformity with the powers vested in the Zoning Administrator/Zoning Board of Appeals/City Council, to permit the Variation on the property legally described as: (See legal description on Plat of Survey supplied by applicant) and commonly known as: Co 7 w., c , mt 1 o , Des Plaines, Cook County, Illinois. (Subject property address) Variation being requested: dAry e,„,e a, Se. a N.- f Av�Cda cs. ctn. w.4- e., 63, t' -N C�T a w, S f z.1 l'5<, 4, • F. -Fera- seto✓w 4-er:cori11Lt,awsvtca�#s wadi '5, `56jtek Applicant(s) Name: D 0cr, 41,4 r Signature �2 Telephone: 70Ts- -5q-7?ooxtt7 Fax: 7cs - 51' g-- tf S Mailing Address: I 4s0 ars a d�r:v� C �; �► pRIC K -O Y( il\ 4C , t 01'1•\ Property Owners) Name: Chicago Exhibitors Corporation Signature Telephone: 847-706-4996 t ol-VSS, Gavin S of CBRE In as Agent for the ♦ wner Chicago Exhibitors Cor Fax: 847-706-4982 Mailing Address: Attn: Gavin Smith, 20 N. Martingale ste 100, Schaumburg IL 60973 Is the Contact Person the: Applicant ad or Owner ❑ -3- Attachment 1 Page 3 of 20 Address of Property: 7c, 7 '!, lap Qc, cy Property Tax Number: 08 - 13 - 102 - 017 - 0000 (From tax bill or township assessor's office) Applicant's interest in the property: ❑ sole owner 54 lessee ❑ contract purchaser ❑ other (explain). — Des Plaines, EL. 600 1 c:p Present Zoning Classification of Property: C. — P.c.- - Cot,. Current Use of Property: tik 4• C4-ctv-r e, pc -cid 1/4AcAc-s Proposed Use of Property: Jea arvv a� C e Gtr" -0 o cc-Latre. TRUST LNFORMMAT1ON Name(s) of Trust Beneficiary (ies)* Address (es) of Trust Beneficiary (ies)' * All applications involving property held by a land trust must be signed by the trust officer of the institution holding the trust as the owner of the property. Additionally, the trust beneficiary and his/her current address must be disclosed on this form The application must also be accompanied by the following: A certified copy of the trust agreement. o A letter from the trustee certifying that the beneficiary as shown on this application is correct and disclosing any beneficiary changes or lack thereof during the 12 months preceding the filing of this application. 4') Attachment 1 IF YOU ARE FILING A LICENSE AGREEMENT, PLEASE PROCEED TO PAGE6. -4- Page 4 of 20 REASONS FOR VARIATION REQUEST Before answering the following questions, read the Notice to Applicants below. Notice to Applicants A Variation is a zoning adjustment, which permits changes of certain zoning requirements where individual properties are unduly burdened by the strict application of the zoning standards. The power to vary is restricted and the degree of variation is limited to the minimum change necessary to overcome hardship of the property. A Variation recognizes that the same zoning district requirements do not affect all properties equally; the intention of it is to allow changes to properties where the re is a hardship to enjoy equal opportunities with similarly zoned properties. You must prove in making your case that special circumstances or unusual conditions affect your property. These must result in uncommon hardship and unequal treatment under the strict application of the Zoning Ordinance. Where hardship conditions extend to other properties, a variation cannot be granted. You must prove that the combination of the Zoning Ordinance and the uncommon conditions of your property prevents you from making any reasonable use of your land as permitted under the current zoning district. No variation may be granted which would adversely affect surrounding property or the general neighborhood. All variations must be in harmony with the intent and purpose of the Zoning Ordinance. In order for the Zoning Administrator, staff and Zoning Board of Appeals to utnderstand your reasons for requesting a variation(s) please answer the following questions completely. 1. What would you describe as the hardship(s) that prevent you from being able to carry out the strict letter of the provisions of the Zoning Ordinance? (Explain in Detail) 1 1 L, c k W r` G s i ret 2.4 i t.�S '�'+C7 �' c2. 'S i tJva q cs, \ % db +0 4k e . 4 erg- E L 43.4c. 0 u c t S P 1:3 tr'v ttgi +� aJ t-� t y 5 0 0 -4 ws..a.i-,lor3L4/ o 5.GUv-e sAr 6L4;Iet; 2. How do the site conditions prevent the reasonable use of your land under the terms of the Zoning Ordinance? (Explain in Detail) `mak; 5 V'el lA'4-i ®ra rp f c a't'- i Go" . S - c �f" V��' ` .5›:v"..1•=s V1\y . sett 2c i g,4 swr . 3. To the best of your knowledge, can you affirm that the physical condition of your property was not created by an action of anyone having property interests in the land after the Zoning Ordinance of 1998 was adopted, or as the result of other governmental action, or was created by natural forces: Yes®' No If no, please explain in detail: 5 Attachment 1 Page 5 of 20 4. How would the denial of the variation deprive you from rights enjoyed by other persons subject to the same provisions? (Explain in Detail) 0ev,-.41 a4. 4-L5 firt'• o$ da►l m"Ne Moor oea� wale Ss '- h- .S v;S bLc. Y ®w`i $". e_ e.s,,G'e. , i,�a Gr- ���bdsrw �w� a: �$�w--e= Oro tae_ sx� pia -4-; os t ads s4 raG-6 i c.ti o*C- v;ew -Pr' c:110.% 2ic:S# '5 1ovoi Id ;IA 5. Is the requested variation the minimum measure of relief necessary to alleviate the alleged hardship or difficulty/presented by the strict application of the Zoning Ordinance? (Explain in Detail) ye.�9. A-%^. 1�N 4C1L. cA. a - IMS �K �- sa�1�WW"J� �?i5C s P {Rrsi vva lAw. w.a e # vrC"Z ata c_ vcry, 6. Will the granting of the variation be in harmony with the neighborhood and the provisions of the Zoning Ordinance from which it is being sought? (Explain in Detail) ye 3. Y'br:S, .rex+c-a A.4-1' cpa-a, 1P-;11 6c 6^ leknrw.p.a>. ,,,,..�.4L,\ #L v\ G:tta tscrt-k.‘pp, a4a� woa14_ wc...+ AOJtl f bad A dee -c<a:, -4-a^a7w. 41•-e,_ Ne. ti; Q ikcS �i ayv.n .,N2. airCsa . I hereby certify that all of the above statements and those contained in any papers or plans submitted herewith are true to the best of my knowledge and belief. Furthermore, I consent to the entry in or upon the premises described in the application, by any authorized official of the City of Des Plaines, for the purpose of posting, maintaining, and removing public hearing notices as may be required, as well as conducting site analysis. to /moo /IL -j (Signature of Applicant or Authorized Agent) (Date) Gavin Smith of CBRE Inc.: agent for the owner CHICAGO EXHIBITORS CORPORATION -6- Attachment 1 (Date) Page 6 of 20 Attachment 2, Location Map - 767 W Golf Road 0 E W Golf Road 795 783 C-4 721-785 797 793 789 785 781 777 772 755 765 in Le, U CO uuu<��� n 725 j11.11.11511111117712 737 A 733 727 721 A w w o o m -2 695A 737 B 737 C 737 D 721 B 721 C 721 D n • n t- n 154 756 748 740 732 724 716 708 700 898 690 682 674 695 B 695 C 695 D N N Prepared by Community and Economic Development Department: SM, November 25, 2014 Attachment 2 Page 7 of 20 Attachment 3 Attachment 3 Page 8 of 20 767 W Golf Road — Adjacent Tenant Sign 767 W Golf Road Case #14-085-V 767 W. Golf Road December 9, 2014 Page 1 DES PLAINES ZONING BOARD MEETING DECEMBER 9, 2014 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Monday, December 9, 2014, at 7:30 p.m. in Room 101 of the Des Plaines Civic Center. ZONING BOARD PRESENT: Szabo, Saletnik, Hofherr, Schell, Porada ABSENT: Seegers, Catalano ALSO PRESENT: Scott Mangum, Senior Planner, Department of Community & Economic Development Gale Cerabona, Recording Secretary Acting Chair Szabo called the meeting to order at 7:30 p.m. & read this evening's case. APPROVAL OF MINUTES: A motion was made by Board Member Hofherr, seconded by Board Member Schell, to approve the meeting minutes of November 25, 2014, as presented. AYES: Hofherr, Schell, Saletnik, Porada, Szabo NAYES: None ***MOTION CARRIIEIID UNANIMOUSLY*** NEW BUSINESS 1. Address: 767 W. Golf Road Case Number: 14-085-V Petitioner is requesting a variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a wall sign of approximately 150 square feet, where a maximum of 100 Square feet in size is allowed by code. PIN: 08-13-102-017-0000 Petitioner: Donald Rickard (for Binny's Beverage Depot), 9801 Industrial Drive, Bridgeview, IL 60455 Owner: Chicago Exhibitors Corporation, 20 N. Martingale Road, Suite 100, Schaumburg, IL 60173 Attachment 4 Page 9 of 20 Case #14-085-V 767 W. Golf Road December 9, 2014 Page 2 Acting Chair Szabo swore in Michael Pagan, Architect, Milord Company, 9801 Industrial Drive, Bridgeview, IL 60455 who is representing Petitioner, Donald Rickard (also with Milord Company). Mr. Pagan advised there is an existing sign that does not conform to the Binny's brand. He noted the code is 100 sq. 11., and the current sign is 175 sq. ft. A reduction is being sought for 150 sq. ft. to update the sign. Acting Chair Szabo asked if the sign is going in the same location. Mr. Pagan advised — yes. Board Member Porada asked/noted: • if this is the first time Petitioner has worked on a Binny's project. Mr. Pagan advised — no, Milord Company manages all of Binny's signs • if Petitioner is requesting 150 sq. ft. Mr. Pagan advised — yes • other City signs (Planet Fitness) have been recommended for denial by the ZBA • if Petitioner envisions the sign as proposed to remain the same in the future. Mr. Pagan advised — yes, client is aware this is the largest the sign size will be (and is in accordance with Zoning Code) • if the `Binny's" text will be the same size. Mr. Pagan advised — in the past, the "beverage depot" was larger; however, now that has changed and the `Binny's" text is larger • if the text "beverage depot" has been dropped elsewhere. Mr. Pagan advised — no • Staff if the size is measured from the top of the B (in Binny's) to the bottom of the beverage depot letters. Mr. Mangum referred to Exhibit A displaying the sign area computation. Board Member Saletnik asked if/stated: • staff at Milord Company drew the graphics. Mr. Pagan advised — no, the client develops the graphics • this is a much better sign aesthetically and proportionately Acting Chairman Szabo asked Staff to provide the summary report. Issue: The petitioner is requesting a variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a wall sign of approximately 150 square feet, where a maximum of 100 Square feet in size is allowed by code. Analysis: Address: 767 W. Golf Road PIN: 08-13-102-017-0000 Existing Zoning: C-4, Regional Shopping Commercial District Petitioner: Donald Rickard (for Binny's Beverage Depot), 9801 Industrial Drive, Bridgeview, IL 60455 Owner(s): Chicago Exhibitors Corporation, 20 N. Martingale Road, Suite 100, Schaumburg, IL 60173 In reviewing this variation request, staff has considered the following information: Binny's Beverage Depot is requesting a variation to replace the existing approximately 170 square foot channel letter wall sign with a new approximately 150 square foot wall sign. Section 11.6B of the Zoning Ordinance allows three square feet of wall signage per one linear foot of building frontage up to 100 square feet. The applicant sites the distance from the roadway and obstruction of outlot buildings as reasons for the request. Attachment 4 Page 10 of 20 Case #14-085-V 767 W. Golf Road December 9, 2014 Page 3 Based on permit records, existing and previous tenants within the shopping center have/had signs of the following sizes: Dollar Tree (82.5 SF), Party Time Palace (100 SF), International Fresca Market (100 SF), Planet Fitness (148 SF), and Wal-Mart Neighborhood Market (144 SF). Major variations were approved for the Planet Fitness wall sign in 2011 and Wal-Mart walls signs in 2014. Multi -tenant pole signs are located at the perimeter of the property along both Golf and Elmhurst Roads. The request is a major variance, as the size requested is more than 10% greater than allowed by code for a wall sign. Recommendation: Staff recommends approval of the requested wall sign variation based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The large setback from the street and recent approvals for wall sign variations within the same shopping center are contributing factors in the recommendation. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the variance for wall sign that is greater than 100 square feet. The City Council has the final authority on the project. Acting Chair Szabo asked if the Board has any questions or if anyone in the audience objects or is in favor. No one responded. A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to recommend approval to City Council to grant the variation as presented. AYES: Saletnik, Hofherr, Schell, Porada, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** ADJOURNMENT A motion was made by Board Member Hofherr, seconded by Board Member Schell, to adjourn the meeting at 7:44 p.m. On a voice vote, the motion carried unanimously. Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners Attachment 4 Page 111 of 20 35 y DES PLAINES ILLINOIS December 9, 2014 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Zoning Board of Appeals, 767 W. Golf Road, Case # 14-085-V RE: Request to authorize a major variation for the size of a Wall Sign Honorable Mayor and Members of the Des Plaines City Council: City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 The Zoning Board of Appeals met on December 9, 2014 to consider the above petition. The Zoning Board of Appeals submits the following: 1. Mr. Mike Pagan, architect for the petitioner, presented the pertinent facts. 2. The Community and Economic Development Department recommended approval of the variation. 3. No members of the public spoke regarding the proposal. 4. The Zoning Board of Appeals recommended (5-0) that the City Council approve the variation for the size of a wall sign. Respectfully submitted, James Szabo Des Plaines Zoning Board of Appeals, Acting Chairman cc: City Officials Aldermen Zoning Board of Appeals Commissioners Petitioners Recording Secretary File Attachment 5 Page 12 of 20 CITY OF DES PLAINES ORDINANCE Z - 5 - 15 AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 11 L6. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO ALLOW A WALL SIGN AT 767 W. GOLF ROAD, DES PLAINES, ILLINOIS. (CASE #14-085-V). WHEREAS, Gold Standard Enterprises, Inc., d/b/a Binny's Beverage Depot ("Petitioner") is the lessee of the property commonly known as 767 W. Golf Road, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is located in the C-4 Regional Shopping District; and WHEREAS, the Subject Property is improved with a multi -tenant commercial building in which Petitioner operates a retail store and on which Petitioner has erected an existing wall sign that has a total sign area of approximately 170 square feet ("Existing Sign"); and WHEREAS, the Petitioner desires to replace the Existing Sign with a new wall sign that would have a total sign area of approximately 150 square feet ("Proposed Sign"); and WHEREAS, the Petitioner submitted an application to the City of Des Plaines Department of Community and Economic Development ("Department") for a major variation ("Major Variation") from Section 11.6.B of the City of Des Plaines Zoning Ordinance of 1998, as amended ("Zoning Ordinance"), to allow the Proposed Sign to have a total sign area of approximately 150 square feet, where the total sign area of wall signs may not exceed 100 square feet; and WHEREAS, the Subject Property is owned by Chicago Exhibitors Corporation ("Owner"), which has consented to the Petitioner's application; and WHEREAS, the Petitioner's application was referred by the Department, within 15 days of receipt thereof, to the Zoning Board of Appeals of the City of Des Plaines ("Zoning Board"); and WHEREAS, within 90 days from the date of Petitioner's application, a public hearing was held by the Zoning Board on December 9, 2014, pursuant to publication of notice in the Journal on November 21, 2014; and WHEREAS, notice of the public hearing was mailed to all property owners within 300 feet of the Subject Property; and WHEREAS, during the public hearing, the Zoning Board heard competent testimony and received evidence with respect to the Petitioner's application for the Major Variation. On December 9, 2014, the Zoning Board filed a written report with the City Council summarizing the 1 Page 13 of 20 testimony received by the Zoning Board and stating the Zoning Board's recommendation, by a vote of 5-0, to approve the Major Variation; and WHEREAS, the Petitioner made certain representations to the Zoning Board with respect to the requested Major Variation, which representations are hereby found by the City Council to be material and upon which the City Council relies in granting the Major Variation subject to certain terms and conditions; and WHEREAS, the City Council has studied the written report of the Zoning Board, the applicable standards set forth in the Zoning Ordinance, and the Staff Memorandum dated December 10, 2014, including its exhibits, which form part of the basis for this Ordinance; NOW THEREFORE BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting part of the factual basis for this Ordinance granting the Major Variation. SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as follows: LOT 19 (EXCEPT THE NORTH 190 FEET OF THE WEST 190 FEET, ALSO EXCEPT THAT PART DEDICATED FOR GOLF ROAD AND ELMHURST ROAD AS SHOWN ON PLAT OF DEDICATION RECORDED DECEMBER 10, 1929 AS DOCUMENT 10550566, ALSO EXCEPT THE SOUTH 266 FEET AS MEASURED PERPENDICULAR TO THE SOUTH LINE AND ALSO EXCEPT THE EAST 367.88 FEET AS MEASURE PERPENDICULAR TO THE EAST LINE, LYING NORTH OF THE AFOREMENTIONED SOUTH 266.00 FEET AND ALSO EXCEPT THAT PORTION TAKEN FOR ELMHURST ROAD IN CONDEMNATION CASE 97L50510) IN THE OWNER'S SUBDIVISION IN SECTION 13, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 08-13-102-017-0000 Commonly known as 767 W. Golf Road, Des Plaines, Illinois. SECTION 3. MAJOR VARIATION. The City Council finds that the Major Variation satisfies the standards set forth in Section 3.6-8 of the Zoning Ordinance and, pursuant to the City's 2 Page 14 of 20 home rule powers, finds that the Major Variation is otherwise necessary and appropriate. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 4 of this Ordinance, the City Council hereby grants the Major Variation for the Subject Property to the Petitioner. SECTION 4. CONDITIONS. The Major Variation granted in Section 3 of this Ordinance shall be, and is hereby, expressly subject to and contingent upon the development, use, and maintenance of the Subject Property shall be in strict compliance with the following documents and plans, except for minor changes and site work approved by the Director of the Department in accordance with all applicable City codes, ordinances, and standards, including, without limitation: A. That certain proposed sign diagram, consisting of one sheet, prepared by Milord Company, and dated November 20, 2014, a copy of which is attached hereto and made a part hereof as Exhib t A; B. That certain site plan, consisting of one sheet, prepared by Milord Company, and dated November 4, 2014, a copy of which is attached hereto and made a part hereof as Exhibit B; and C. Those certain proposed building elevations, consisting of one sheet, prepared by Milord Company, and dated November 4, 2014, a copy of which is attached hereto and made a part hereof as Exhibit C. SECTION 5. EFFECT. This Ordinance authorizes the use and development of the Subject Property in accordance with the terms and conditions of this Ordinance and shall prevail against other ordinances of the City to the extent that any might conflict. The terms and conditions of this Ordinance shall be binding upon Petitioner, its grantees, assigns and successors in interest 3 Page 15 of 20 to the Subject Property, including grantees and assigns of Petitioner. SECTION 6. LIMITATIONS. The Major Variation shall be valid for not more than 12 months prior to the issuance of a building permit and the commencement of construction in accordance with terms and conditions of this Ordinance. The Zoning Administrator may extend the Major Variation if the Petitioner requests an extension in accordance with Section 3.6-12 of the Zoning Ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law; provided, however, that this Ordinance shall not take effect unless and until a true and correct copy of this Ordinance is executed by the Owner of the Subject Property or such other party in interest consenting to and agreeing to be bound by the terms and conditions contained within this Ordinance. Such execution shall take place within sixty (60) days after the passage and approval of this Ordinance or within such extension of time as may be granted by the Corporate Authorities by motion and delivered directly to the City Clerk. SECTION 8. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. [SIGNATURE PAGE FOLLOWS] 4 Page 16 of 20 PASSED this day of , 2015. APPROVED this day of , 2015. VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: day of , 2015. CITY CLERK Peter M. Friedman, General Counsel I, , being the owner or other party in interest of the property, legally described within this Ordinance, having read a copy of the Ordinance, do hereby accept, concur and agree to develop and use the subject property in accordance with the terms of this Ordinance. Dated: (Signature) By its authorized representative Legal\Ord1Z\DP-Ordinance Granting a Major Variation 11.6 B Wall Signs 767 W Golf Road Binnys #34296130_v2 5 Page 17 of 20 EXTERIOR SIGNAGE PERSPECTIVE - 150 SF SIGN / 21'-93/4" 0 ZD 3'-83/4" / 11'-55/8" 0 2'-11" 3'-81/2" / o'�/ r o — 1 I 1" NEW 150 SF SIGN a ESTABLISI.D i!!` MILORD COMPANY m.uIn� cn Exhibit A TDDEPCDIT EXTERIOR SIGNAGE DASHED OUTLINE USED TO DETERMINE SIGNAGE AREA. SIGNAGE AREA IS 150 SF. BINNY'S DES PLAINES 11.20.14 767 WEST GOLF ROAD DES PLAINES, IL 60016 Page 18 of 20 EXISTING 1 STORY COMMERCIAL BUILDING MILORD COMPANY Exhibit B ELMHURST ROAD / CJ A, d \ \ COM C PROPOSED LOCATION OF NEW SIGNAGE ON / BUILDING FACE / / / / EXISTING MULTI TENANT BUILDING A 1 I EXISTING 1 STORY COMMERCIAL BUILDING EXISTING CITY WATER TANK DULLES ROAD SITE PLAN 1" = 100'-0` BINNY'S DES PLAINES 11.04.14 767 WEST GOLF ROAD DES PLAINES, IL 60016 Page 19 of 20 ° 2.1M. BEVE1AGE 7.1e, A • 7 1 .t, \ 1 i • '1; =•7777.• - EXISTING SIGNAGE (APPROXIMATELY 170 SF) 1 , • A. • - . - • • ----...... _ EXISTING EXTERIOR SIGNAGE kr' ,,....,,,,........mr_-- '14:1-A / / , , I / ,..„ ,'', f / .'" / / i '::,-,.,.' ---- , . PROPOSED 150 S.F. SIGN SHOWN - ' - .L.L_L_ PROPOSED NEW EXTERIOR SIGNAGE - 150 SF SIGN T.iMiE0 11,' IMOMMENinn MILORD C:OMPANY A „ k ,AA D4 .1 `A • • ! EXTERIOR SIGNAGE 1 ‘; • C / 1 ' I ' • L..4 1 'I i; I 1. t. 1 BINNY'S DES PLAINES Exhibit C 11.04.14 767 WEST GOLF ROAD DES PLAINES, IL 60016 Page 20 of 20 CITY OF Committee of the Whole Agenda Item # 2f City of Des Plaines Community Development Planning & Zoning Division DES PLANES 1420 Miner Street ILLINOIS Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 MEMORANDUM Date: December 10, 2014 To: Michael G. Bartholomew, MCP, LEED AP, City Manager George Sakas, AICP, Director of Community and Economic Development From: Scott Mangum, AICP, Senior Planner 'Kt/ Subject: Zoning Ordinance Text Amendment, Case #14 -088 -TA Issue: This is a City -initiated petition for Text Amendments to the City of Des Plaines 1998 Zoning Ordinance, as amended, to Article 5 (Nonconforming Uses and Structures) regarding nonconforming lots of record. Analysis: Petitioner: Address: Case Number: Text Amendment Report City of Des Plaines, Community and Economic Development Department, 1420 Miner Street, Des Plaines, IL 60016 Citywide 14 -088 -TA Article 5 (Nonconforming Uses and Structures) of the Zoning Ordinance provides for the regulation of nonconforming uses, buildings, and structures. Section 5.4-1 (Single Nonconforming Lots of Record) allows for a single family dwelling and accessory structures to be constructed on a single nonconforming lot even if the lot lacks the total area and/or width that would be required to create a new lot under the current Zoning Ordinance. In the R-1, Single Family Residential Zoning District, the minimum lot area required is 6,875 square feet for an interior lot and 8,125 square feet for a corner lot, while the minimum lot width required is 55 feet for an interior lot and 65 feet for a corner lot. There are a number of lots within the City that are nonconforming in one or both aspects. Although Section 5.4-1 allows construction of a single family residence on a nonconforming lot, a presentation of the plans with public comment is required. Staff has proposed an amendment to Page 1 of 12 the regulations that would remove the requirement for a public presentation of proposed plans for a single nonconforming lot of record. Historically this provision has been interpreted that the presentation is strictly informational and there is no approval or disapproval of building plans as a result of the presentation. General Counsel has reviewed the language and believes there may be some ambiguity about the process. The proposed amendment would allow greater certainty to develop a single nonconforming lot for existing or prospective owners of undeveloped nonconforming lots of record, while still allowing input for proposed development that would exceed the bulk standards (setbacks, height, lot coverage) as provided through the variation process. To properly evaluate the text amendment requests, the standards below, which are contained in Section 3.7-5 of the Zoning Ordinance, must be employed. Following is a discussion of those standards: A. Whether the proposed amendments are consistent with the goals, objectives and policies contained in the Comprehensive Plan: Comment: The City of Des Plaines Comprehensive Plan, adopted by the City Council in 2007, generally does not address the proposed changes in detail. Whether the proposed amendments are compatible with the current conditions and the overall character of existing developments in the immediate area: Comment: The proposed amendments to the Zoning Ordinance would not alter any of the development standards for single family residences that would impact compatibility with other properties. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendment is not anticipated to have a significant effect on public facilities or services. D. Whether the proposed amendments will have an adverse effect on the valve of properties throughout the jurisdiction: Comment: The proposed amendment would not alter any of the development standards for single family residences and is not anticipated to have an adverse effect on the value of other properties. E. Whether the proposed amendments reflects responsible standards for development and growth: Comment: This zoning text amendment does not appear to directly conflict with the City's Comprehensive Plan, the official policy guide to future land use, development, and conservation within the community. Therefore, the proposed text amendments would not appear to be in conflict with responsible standards for development and growth. Page 2 of 12 Recommendation: At its December 10, 2014 meeting, the Plan Commission, after having heard and fully considered the evidence, voted (3-0) to recommend approval of the zoning text amendment as recommended by me. Under Section 3.7-4-D of the Zoning Ordinance (Amendments) the City Council has the final authority on the proposal. It is recommended that this matter be placed on the January 5, 2015, City Council Committee of the Whole agenda. SM/sm Attachments: Attachment 1: Proposed Text Amendments regarding Nonconforming Lots Attachment 2: December 8, 2014 Draft Plan Commission Minutes Attachment 3: Letter from Zoning Board of Appeals to the Mayor Exhibit: Ordinance Authorizing Text Amendment to the Zoning Ordinance. Page 3 of 12 Attachment 1— Proposed Text Amendment 5.4 Nonconforming Lots. 5.4-1 Single Nonconforming Lots of Record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of this Ordinance, notwithstanding provisions of this Ordinance governing minimum lot width and minimum lot area; provided, however, that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. _ . Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. present the plans for the construction to the City Council. The City Council shall set a time for the public lot of rccord shall be notified by mail and the property posted. (Added 3/1/99, Ord. Z 2 99) 5.4-2 Lots in Combination. If two or more lots or a combination of lots with continuous frontage in single ownership are of record at the effective date of this Ordinance, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance; and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Ordinance. 5.4-3 Other Uses of Legal Nonconforming Lots. In any commercial or manufacturing zoning district, a legal nonconforming lot of record may be used for any use permitted in the district. Attachment 1 Page 4 of 12 Case #14 -088 -TA -Zoning Ordinance Text Amendment -Citywide December 9, 2014 Page 1 DES PLAINES ILLINOIS DES PLAINES PLAN COMMISSION MEETING DECEMBER 9, 2014 MINUTES The Des Plaines Plan Commission Meeting held its regularly scheduled meeting on Monday, December 9, 2014, at 7 p.m., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMMISSION PRESENT: Lane, Niemotka, Yi ABSENT: Bar, Perez ALSO PRESENT: Scott Mangum, Senior Planner/Community & Economic Development Gale Cerabona, Recording Secretary Chairman Niemotka called the meeting to order at 7p.m. Roll call was conducted. Chairman Niemotka read this evening's case. APPROVAL OF MINUTES: A motion was made by Commissioner Lane, seconded by Commissioner Yi, to approve the meeting minutes of October 27, 2014, and November 10, 2014 as presented. AYES: Lane, Niemotka, Yi NAYES: None *** MOTION CARRIED UNANIMOUSLY *** NEW BUSINESS 1. Address: Citywide Case Number: 14 -088 -TA Petitioner: City of Des Plaines, Community and Economic Development Department, 1420 Miner Street, Des Plaines, IL 60016 This is a City -initiated petition for Text Amendments to the City of Des Plaines 1998 Zoning, as amended, to Article 5 (Nonconforming Uses and Structures) regarding nonconforming lots of record. Chairman Niemotka asked Staff to summarize the report. Mr. Mangum distributed Attachment 1 — Proposed Text Amendment. Attachment 2 Page 5 of 12 Case #14 -088 -TA -Zoning Ordinance Text Amendment -Citywide December 9, 2014 Page 2 Issue: This is a City -initiated petition for Text Amendments to the City of Des Plaines 1998 Zoning Ordinance, as amended, to Article 5 (Nonconforming Uses and Structures) regarding nonconforming lots of record. Analysis: Text Amendment Report Petitioner: City of Des Plaines, Community and Economic Development Department, 1420 Miner Street, Des Plaines, IL 60016 Address: Citywide Case Number: 14 -088 -TA Article 5 (Nonconforming Uses and Structures) of the Zoning Ordinance provides for the regulation of nonconforming uses, buildings, and structures. Section 5.4-1 (Single Nonconforming Lots of Record) allows for a single family dwelling and accessory structures to be constructed on a single nonconforming lot even if the lot lacks the total area and/or width that would be required to create a new lot under the current Zoning Ordinance. In the R-1, Single Family Residential Zoning District, the minimum lot area required is 6,875 square feet for an interior lot and 8,125 square feet for a corner lot, while the minimum lot width required is 55 feet for an interior lot and 65 feet for a corner lot. There are a number of lots within the City that are nonconforming in one or both aspects. Although, Section 5.4-1 allows construction of a single family residence on a nonconforming lot, a presentation of the plans with public comment is required. Staff has proposed an amendment to the regulations that would remove the requirement for a public presentation of proposed plans for a single nonconforming lot of record. Historically this provision has been interpreted that the presentation is strictly informational and there is no approval or disapproval of building plans as a result of the presentation. General Counsel has reviewed the language and believes there may be some ambiguity about the process. The proposed amendment would allow greater certainty to develop a single nonconforming lot for existing or prospective owners of undeveloped nonconforming lots of record, while still allowing input for proposed development that would exceed the bulk standards (setbacks, height, lot coverage) as provided through the variation process. To properly evaluate the text amendment requests, the standards below, which are contained in Section 3.7- 5 of the Zoning Ordinance, must be employed. Following is a discussion of those standards: A. Whether the proposed amendments are consistent with the goals, objectives and policies contained in the Comprehensive Plan: Comment: The City of Des Plaines Comprehensive Plan, adopted by the City Council in 2007, generally does not address the proposed changes in detail. B. Whether the proposed amendments are compatible with the current conditions and the overall character of existing developments in the immediate area: Comment: The proposed amendments to the Zoning Ordinance would not alter any of the development standards for single family residences that would impact compatibility with other properties. Attachment 2 Page 6 of 12 Case #14 -088 -TA -Zoning Ordinance Text Amendment -Citywide December 9, 2014 Page 3 C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendment is not anticipated to have a significant effect on public facilities or services. D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The proposed amendment would not alter any of the development standards for single family residences and is not anticipated to have an adverse effect on the value of other properties. E. Whether the proposed amendments reflects responsible standards for development and growth: Comment: This zoning text amendments do not appear to directly conflict with the City's Comprehensive Plan, the official policy guide to future land use, development, and conservation within the community. Therefore, the proposed text amendments would not appear to be in conflict with responsible standards for development and growth. Recommendation: Based on the above analysis, the Community and Economic Development Department recommends approval of proposed text amendment. Plan Commission Procedure: Under Section 3.7-4 of the Zoning Ordinance (Amendments) the Plan Commission may vote to recommend approval, approval with modifications, or disapproval. The City Council has the final authority on Amendments to the Zoning Ordinance. Commissioner Lane inquired: • up until this point, if there was a nonconforming lot, would a presentation have to go to City Council. Mr. Mangum advised — yes, but only as an informational report • how long we've been doing this. Mr. Mangum advised — The code has been in place since at least 1999, but most of the examples were in the mid -2000s • if this would streamline building a smaller home. Mr. Mangum advised — currently it would go to the City Council as an informational report, but under the amendment no presentation or hearing would be required if the new home complied with setbacks, height, and lot coverage Chairman Niemotka inquired: • if this is currently (nonconforming) grandfathered in. Mr. Mangum advised — this amendment applies to undeveloped nonconforming lots. • if one could build up (in the same footprint). Mr. Mangum responded — yes, the current provision only applies to undeveloped lots • if there is a variation request, would this now come before the Plan Commission. Mr. Mangum advised — the variation would be heard by the Zoning Board of Appeals A motion was made by Commissioner Lane, seconded by Commissioner Yi, to approve the Text Amendment as presented. AYES: Lane, Niemotka, Yi Attachment 2 Page 7 of 12 Case #14 -088 -TA -Zoning Ordinance Text Amendment -Citywide December 9, 2014 Page 4 NAYES: None *** MOTION CARRIED UNANIMOUSLY *** Commissioner Yi wished everyone a happy and healthy New Year. Commissioner Lane advised she will be out of town the entire month of January. ADJOURNMENT A motion was made by Commissioner Yi, seconded by Commissioner Lane, to adjourn the meeting at 7:20 p.m. AYES: Lane, Niemotka, Yi NAYES: None *** MOTION CARRIED UNANIMOUSLY *** Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Plan Commission Attachment 2 Page 8 of 112 C 35.' DES PLAINES ILLINOIS City of Des Eiaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 December 8, 2014 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Plan Commission Case # 14 -080 -TA, Citywide RE: Request for Zoning Text Amendments regarding nonconforming lots of record Honorable Mayor and Members of the Des Plaines City Council: The Plan Commission met on December 8, 2014 to consider the above petition. The Plan Commission submits the following: 1. The Department of Community and Economic Development presented the pertinent facts and recommended approval of the proposed text amendments to the Zoning Ordinance. 2. No members of the public spoke regarding the request. 3. The Plan Commission recommended (3-0) that the City Council approve the Text Amendments to the Zoning Ordinance as recommended by staff. Respectfully submitted, Robert Niemotka, Des Plaines Plan Commission, Chairman cc: City Officials Aldermen Plan Commissioners Attachment 3 Page 9 off 112 CITY OF DES PLAINES ORDINANCE Z - 6 - 15 AN ORDINANCE AMENDING THE TEXT OF THE CITY ZONING ORDINANCE REGARDING NONCONFORMING USES AND STRUCTURES. WHEREAS, Section 5.4 of the "Des Plaines Zoning Ordinance of 1998," as amended ("Zoning Ordinance"), regulates, among other things, nonconforming lots within the City; and WHEREAS, Section 5.4-1 of the Zoning Ordinance currently permits single-family dwellings and accessory structures to be constructed on single nonconforming lots located within the R-1 Single Family Residential District ("R-1 District") that do not satisfy the minimum lot area and minimum lot width requirements applicable to new lots under the Zoning Ordinance, provided that the owner presents the construction plans at a public meeting of the City Council; and WHEREAS, the City desires to update and clarify the process for developing single nonconforming lots located within the R-1 District by amending Section 5.4-1 of the Zoning Ordinance ("Text Amendment"); and WHEREAS, a public hearing by the Plan Commission to consider the Text Amendment was duly advertised in the Journal on November 21, 2014, and held on December 8, 2014; and WHEREAS, the Plan Commission voted to recommend approval of the Text Amendment by a vote of three to zero, which recommendation the Plan Commission forwarded in writing to the City Council on December 10, 2014; and WHEREAS, the City Council has considered the factors set forth in Section 3.7-5, "Standards for Amendments," of the Zoning Code; and WHEREAS, the City Council has determined that it is in the best interest of the City to adopt the Text Amendment set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof. 1 Page 110 of 12 SECTION 2. FINDING OF COMPLIANCE. The City Council hereby finds that the provisions of Section 3.7, "Amendments of the Zoning Code," have been complied with. SECTION 3. SINGLE NONCONFORMING LOTS OF RECORD. Pursuant to and in accordance with Section 3.7 of the Zoning Ordinance and the home rule powers of the City, Section 5.4-1, titled "Single Nonconforming Lots of Record," of Article 5, titled "Nonconforming Uses and Structures," of the Zoning Ordinance is hereby amended to read as follows: "5.4 Nonconforming Lots. 5.4-1 Single Nonconforming Lots of Record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of this Ordinance, notwithstanding limitation imposed by other provisions of this Ordinance provisions of this Ordinance governing minimum lot width and minimum lot area; provided, however, that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lots fail to meet the -requirement, for arca or width, or both, that are generally applicable in the district pfevided that yard undeveloped, and prior to the approval of building penxits, the-peffnit applicant needs to present the plans for the construction to the City Council. The City Council shall set a time *» SECTION 4. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. [SIGNATURE PAGE FOLLOWS] 2 Page 11 of 12 PASSED this day of APPROVED this day of VOTE: Ayes Nays ATTEST: CITY CLERK ,2015 Absent , 2015 MAYOR Published in pamphlet form this Approved as to form: day of , 2015 CITY CLERK Peter M. Friedmann, General Counsel NOTE: Deleted Language is truck T n-ough New Language is ,bolded and Double Underlined. DP -Ordinance Amending Zoning Code - Text Amendment Article 5.4-1 Nonconforming Uses 3 Page 12 of 12 CM OF DES PLAINES ILLINOIS Committee of the Whole Agenda Item # 3a CCky of Des Plaines Public Works & Engineering Department 1111 Joseph Schwab Road Des Plaines, IL 60016 Tel: 847-391-5464 Fax: 847-297-6801 MEMO ANDUM Date: December 16, 2014 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Re: Timothy Watkins, Assistant Director of Public Works & Engineering Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering Tl o Repeal Section 8-4-5 of the City Code through Ordinance M-1-15 Parkway Tree Replacement Program Cost Share Issue: The City Council reviewed the current parkway tree replacement resident cost share requirement of $50 per tree at its December 15, 2014 meeting. The City Council voted six to two to eliminate the fee. Accordingly, Ordinance M-1-15 is drafted to repeal the cost sharing requirement. Analysis: In 1988, the City Council passed Ordinance M-24-88 (Section 8-4-5 of the City Code, Cost Sharing Parkway Tree Replacement Program), which is a cost sharing requirement for parkway tree replacements. Under the program, any resident seeking replacement of a damaged or dead parkway tree shall be required to pay $50 to the City for each two inch diameter parkway replacement tree to be planted by the City. Assuming Ordinance M-1-15 is adopted, Public Works will send letters for spring and fall tree planting to eligible property owners and inquire if they would like a tree planted in their parkway at no cost. We will include the option of planting a larger tree if the property owner is willing to pay the difference in cost. Additionally, we will request that all recipients reply even if they do not want a replacement tree to ascertain the reason why. ecommendation: Pursuant to direction from the City Council to eliminate the resident cost share requirement, we recommend adoption of Ordinance M-1-15 in order to repeal Section 8-4-5 of the City Code. Attachments: Ordinance M-1-15 Page 1 of 3 CITY OF IDES PLAQNES ORDINANCE M - 1 - 15 AN ORDINANCE REPEALING SECTION 8-4-5 OF THE DES PLAINES CITY CODE. WHEREAS, the City of Des Plaines ("City") is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, Section 8-4-5 of the City Code of the City of Des Plaines ("City Code") requires any resident who desires the City to replace a damaged tree located within a City parkway to contribute $50.00 toward the cost of the tree replacement; and WHEREAS, the City desires to repeal Section 8-4-5 of the City Code; and WHEREAS, the City Council has determined that it is in the best interest of the City to repeal Section 8-4-5 of the City Code; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION1: RECTI['ALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as findings of the City Council. SECTION 2: REPEALER. Section 5, titled "Cost Sharing Parkway Tree Replacement Program," of Chapter 4, titled "Trees," of Title 8, titled "Public Ways and Property," of the City Code is hereby repealed in its entirety and reserved for future use. SECTION 3: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. [SIGNATURE PAGE FOLLOWS] 1 Page 2 of 3 PASSED this day of , 2015. APPROVED this day of , 2015. VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: day of , 2015. CITY CLERK Peter M. Friedman, General Counsel DP -Ordinance Amending the City Code by Repealing Section 8-4-5 Tree Replacement Cost Sharing Program #34296041_v2 2 Page 3 of 3 UNFINISHED BUSINESS CITY OF DES PLAINES ILLINOIS DATE: December 4, 2014 TO: Honorable Aldermen FROM: Matthew J. Bogusz Mayor RE: Appointments to Commissions Unfinished Business Agenda Item # 1 City of Des Plaines Office of the Mayor 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5301 Fax: 847-391-5378 **************************************************************** Appointments Consumer Protection Commission William Epcke Library Board of Trustees Expires 08/30/2018 Earl Wilson 06/30/2016 Obaidur Rahman 06/30/2017 Zoning Board of Appeals G. Thomas Green 04/30/2018 Letters of intent are in your hands.